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

Vol. 143 WASHINGTON, TUESDAY, SEPTEMBER 30, 1997 No. 133 House of Representatives The House met at 9 a.m. and was I worked hard to obtain Justice De- trict. One of the things that I was called to order by the Speaker pro tem- partment funding to keep this program pleased to report back home was the pore [Mr. THUNE]. going in Orange County, and I am glad fact that Congress, acting in a biparti- f that I was successful. The Orange san fashion, was able to deliver the County drug court is one of 160 drug first balanced budget in almost 30 DESIGNATION OF THE SPEAKER courts throughout the Nation that are years, and the first broad-based tax cut PRO TEMPORE making a difference in helping to keep in almost 16 years. That is good news. The SPEAKER pro tempore laid be- our courts from getting engulfed in a It was good news to deliver, and judg- fore the House the following commu- sea of cases. ing from the response of my constitu- nication from the Speaker: Very simply put, this program allows ents back home in California, it was WASHINGTON, DC, some of those individuals who are good news to receive. September 30, 1997. charged with drug offenses the option But the fight is far from over, be- I hereby designate the Honorable JOHN R. of completing the drug court program cause if we are going to be able to de- THUNE to act as Speaker pro tempore on this which consists of individual specific liver meaningful tax reform to the peo- day. community service and rehabilitation. ple of this country, tax reform that NEWT GINGRICH, I recently went to the graduation of does not last just for one Congress but Speaker of the House of Representatives. some of these people in the drug court will last through the years, we are f program, and we affect not only indi- going to have to look at restructuring, MORNING HOUR DEBATES vidual’s lives but entire families. Of and perhaps abolishing, the tax collec- the 14 who graduated that day, there tion agency known as the Internal Rev- The SPEAKER pro tempore. Pursu- were probably about 50 family members enue Service. ant to the order of the House of May 12, who had tears in their eyes that day to There is an exciting debate that is 1995, the Chair will now recognize see the change that had overcome about to occur in Congress, and I hope Members from lists submitted by the those people that they loved. Those that it will be on the radar screen of majority and minority leaders for who choose the option are placed in a every taxpayer and every citizen. We in morning hour debates. The Chair will highly structured program, and they Congress are going to debate whether alternate recognition between the par- are subject to intense supervision. we should move to a flat tax as pro- ties, with each party limited to 25 min- Their successes are praised, and their posed by our Republican Majority utes, and each Member except the ma- failures are dealt with quickly and ap- Leader DICK ARMEY, or move to a con- jority and minority leaders and the mi- propriately. sumption tax, essentially a national nority whip limited to 5 minutes, but This program works. It makes our sales tax, as proposed by the Ways and in no event shall debate extend beyond justice system more efficient, but, Means chairman, the gentleman from 9:50 a.m. more important, it rebuilds peoples’ Texas, Mr. BILL ARCHER, and the gen- The Chair recognizes the gentle- lives. If any of my colleagues want to tleman from Louisiana, Mr. BILLY TAU- woman from California [Ms. SANCHEZ] learn about this unique, effective drug ZIN, and others. That that will be an for 2 minutes. court program, I would be happy to important debate, because it will sig- f work with them to promote drug nificantly change the process of tax courts in their own areas. collecting in America. Either one of THE DRUG COURT PROGRAM f those alternatives will be preferential GIVES THOSE CHARGED WITH to the status quo. SUBSTANCE ABUSE CRIMES A PRESIDENT OPPOSES CITIZEN Unfortunately, the IRS over the FIGHTING CHANCE OVERSIGHT OF IRS years has become an agency that has Ms. SANCHEZ. Mr. Speaker, I rise The SPEAKER pro tempore. Under gone beyond its limited role of being a today to tell my colleagues about a the Speaker’s announced policy of Jan- collection agency to fund constitu- justice program that is working. The uary 21, 1997, the gentleman from Cali- tional government, and instead has drug court is a program in use across fornia [Mr. ROGAN] is recognized during been used time and time again as an our country to help give those charged morning hour debates for 5 minutes. agency to reward political friends and with substance abuse crimes a fighting Mr. ROGAN. Mr. Speaker, as a new oppose political enemies. chance to make the difficult transition Member of Congress, I had the chance During the last week here in Con- from a life of drug abuse to that of pro- to go home during the break and talk gress, we have held hearings on the ductive members of our society. to constituents throughout my dis- IRS, and have heard horror stories

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.

H8163 H8164 CONGRESSIONAL RECORD — HOUSE September 30, 1997 about how taxpayers have been treat- of illness and disability continue to af- in conference committee. Fortunately, ed. These facts came not just from citi- flict many of those who participated in this House has not yet acceded to his zens who were injured by the IRS, but our Nation’s defense in that gulf war. demands. I would say that while he from IRS agents themselves who testi- Indeed, those classified as having so- may be able to block an Ambassador to fied as to the practices of the IRS. The called gulf war syndrome, who were ex- Mexico, he ought not to be able to evidence shocked and stunned Ameri- posed to toxins, exposed to poison sub- block the claims of these 3,000 people cans. As a result of those hearings, one stances, and who continue to experi- who served with valor our country. of the things we Republicans in Con- ence a wide variety of very serious My motion would instruct our con- gress have proposed is a ‘‘citizens’ symptoms as a result of their service ferees, here in the House, to the State oversight board’’ to protect Americans for our country in the gulf war. Department bill to not accede to the from agency abuses. In all, some 3,000 Desert Storm veter- demands of those who would place the It ought to come as a shock to all ans have filed claims concerning their tobacco companies and the other com- taxpayers that we even have to con- illnesses against frozen assets of the mercial claims ahead of our veterans, sider appointing a board such as that Iraqi Government. It was following the who deserve to be heard first and fore- to protect citizens from the abuses of invasion of Kuwait by Iraq in 1990, that most for what they have done for this an agency that was created to serve the United States froze $1.3 billion of country. them, and not the other way around. Iraqi assets in this country. Those vet- I would draw the attention of the Unbelievably, this morning I picked up erans should get the priority with ref- House to communications from the Na- the Washington Times and saw on the erence to any claims that they might tional Gulf War Resource Center which front page a headline that says, ‘‘White have against those assets. concludes in a letter to this House by House Champions IRS, President Op- I have up for the consideration of saying, ‘‘Senator HELMS’ legislation, if poses Citizen Oversight.’’ The lead col- this House later today a motion re- passed, would amount to a grotesque umn said, ‘‘The White House yesterday garding these matters. Before review- injustice against gulf war veterans came to the defense of an embattled ing the text of that motion, let me poisoned by chemical warfare agents IRS vowing to ‘vigorously oppose’ con- cover very briefly the history of this and other toxins during the gulf war. gressional efforts to create a citizen matter. We ask you to consider the interests of oversight board to protect Americans In 1991, the U.N. Security Council de- gulf war veterans when voting on this from agency abuses.’’ clared in a resolution that legislation.’’ Mr. Speaker, we Republicans have ‘‘Iraq * * * is liable under inter- That is what I will be asking my col- tried to work with the White House national law for any direct loss, dam- leagues to do later today as we take up and with Democrat colleagues to forge age, or injury to foreign governments, and consider this motion: Put the gulf a bipartisan solution to a lot of the nationals, and corporations as a result war veterans first because they put our problems that are facing our country. of Iraq’s unlawful invasion and occupa- country first. If ever there was a time for bipartisan- tion of Kuwait.’’ I think the type of f ship, Mr. Speaker, it is now when it claim that our gulf war veterans have comes to dealing with the IRS. is the very type of claim contemplated b 0915 by that international resolution. I do not know where the President INS: SERVICE VERSUS Accordingly, in 1994, when the Demo- will eventually come down on the is- ENFORCEMENT sues of a national sales tax or a flat tax crats were in charge of this House, leg- or if he supports the status quo, but islation was passed through this House The SPEAKER pro tempore (Mr. surely this President, surely this ad- by an overwhelming majority, under THUNE). Under the Speaker’s an- ministration, which has shown as a the leadership then of the chair of the nounced policy of January 21, 1997 the hallmark over the last 5 years the abil- House Foreign Affairs Committee, the gentleman from Texas [Mr. REYES] is ity to read the tea leaves of public honorable gentleman from Indiana, Mr. recognized during morning hour de- opinion, ought to understand that this LEE HAMILTON, that established an Iraq bates for 5 minutes. is not a partisan issue. This is an issue Claims Fund. I would quote from that Mr. REYES. Mr. Speaker, I rise this about good and decent Government. bill in saying ‘‘before deciding any morning to speak on an issue that is The IRS for too many years has other claim against the Government of very important to me. For more than abused its power, has abused taxpayers, Iraq, the United States Commission 26 years, I was an employee of the Im- that have paid for this agency, and the shall, to the extent practical, decide all migration and Naturalization Service. time has come to make this agency re- pending noncommercial claims of I am proud to say that I worked for the sponsive and accountable to those who members of the United States armed INS and that I helped to enforce our pay its way. I urge the President to re- forces.’’ This body went on record in Nation’s immigration laws as a Border consider this unfortunate policy that giving a priority to those who put their Patrol agent and subsequently as a was announced today, and to join with life and limb at risk for the future of Border Patrol chief. Republicans to create citizen oversight our Nation. I am proud to have worked alongside of the IRS. The best way to clean up Unfortunately, quite a different turn some of the most dedicated and profes- the IRS is to have citizen accountabil- has occurred in this Congress in this sional men and women this country ity as Republicans have proposed in session. Legislation has been approved has to offer. It is for these men and Congress. and is pending in conference commit- women that I will introduce the Border f tee at present that would place these Security and Enforcement Act of 1997, same gulf war veterans in a position a bill which will separate the Border PUT THE GULF WAR VETERANS where they would never be allowed to Patrol and other enforcement compo- FIRST BECAUSE THEY PUT OUR recover one red cent against the Gov- nents from the INS and create a new COUNTRY FIRST ernment of Iraq. enforcement agency. The SPEAKER pro tempore. Under And why is that? Because the sepa- The INS has real problems that de- the Speaker’s announced policy of Jan- rate commercial claims that existed mand real answers. I believe I can pro- uary 21, 1997, the gentleman from before this war ever occurred of the vide those answers in a manner that is Texas [Mr. DOGGETT] is recognized dur- seven largest tobacco companies and of beneficial to the INS and the American ing morning hour debates for 5 min- other commercial enterprises have people who demand more from their utes. been elevated over our veterans. Our Government. Mr. DOGGETT. Mr. Speaker, Amer- veterans have been left in last place The inherent problem with the INS is ica should never forget the contribu- with no real right to make a recovery that they are attempting to serve two tion of the men and women of our against these frozen Iraqi assets. masters. For all of its good intentions Armed Forces in the gulf war. Unfortu- This all took place at the behest of and willing personnel, the INS is nately many of the families of our vet- Senator JESSE HELMS of North Caro- doomed to fail. The problem is that erans of that gulf war can never forget lina, who inserted it into the State De- they are tasked with conflicting mis- it because the lingering consequences partment authorization that is pending sions: service versus enforcement. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8165 Despite funding increases of more in our immigration system will finally result, the IRS clerks continue to type than 52 percent over the past 2 years, be addressed. We must place a priority away at a computer set up 30 years ago the INS has not adequately handled on controlling our borders and properly with an error rate of 22 percent. naturalization or enforcement. There serving those seeking admission to our It should be obvious to everyone that are approximately 1.4 million people Nation legally. It is time to protect the entire U.S. tax system is in des- waiting for the INS to process their those who serve us every day on the perate need of reform. Taxes are too naturalization applications, and this border and throughout our Nation. high. The Tax Code is too complex and backlog, unfortunately, is expected to f burdensome, and the IRS itself is a bu- increase. This situation is unaccept- reaucratic mess. OVERHAUL THE IRS able. It is the duty of our Nation to Congress has an obligation to act, an provide timely service to those seeking The SPEAKER pro tempore. Under obligation to reform the burdensome admission under the legal immigration the Speaker’s announced policy of Jan- and monstrous Tax Code. We should system. uary 21, 1997 the gentleman from Flor- seize this opportunity now. We should Our efforts to control the border are ida [Mr. STEARNS] is recognized during work to affect positive changes in our also falling short of expectations by morning hour debates for 5 minutes. Nation’s revenue collection agency, the American people. By recent INS es- Mr. STEARNS. Mr. Speaker, I rise work toward simplifying our overly timates, there are more than 5 million today to discuss the imperative need complex Tax Code, and work to bring illegal immigrants living in the United for tax reform. It is not simply that some sanity to the incomprehensible States. It is the duty of our Nation to Americans pay too much taxes, it is Tax Code. effectively control illegal immigration that the entire U.S. tax system is too The unfair and oppressive tax system and drug trafficking in order to provide complex, too bureaucratic, and too un- of today is not unlike the system that safety and security to the American fair. gave rise to the American Revolution people. When the income tax was first en- in 1776. We have, as I mentioned, an Increasingly the physical presence of acted 84 years ago, there was one page overly complicated system exemplified Border Patrol agents on the Southwest of instructions coupled with a one-page by an immense and impersonal Govern- border to deter illegal crossings has form. Today, there are 480 IRS tax ment bureaucracy. been an integral part of our border con- forms and 17,000 pages of IRS laws and Mr. Speaker, America deserves bet- trol strategy, but there is much more regulations. Even the instructions ter. Americans deserve fairness. They to be done. In addition to placing alone for the 1040 EZ form are 28 pages deserve further tax relief; they deserve agents in the field, we must ensure long, and 293,760 trees must be cut tax simplification, and they deserve a that they are properly equipped to con- down each year just to supply the 8 bil- new, less intrusive and less burdensome trol our borders. It should not be ac- lion pages of paper needed for filing the IRS. We cannot just fix the system ceptable to have drug smugglers and country’s income taxes. today, we must replace it. alien smugglers taking shots at our The complexity of the system re- f agents on the border. It should not be quires 136,000 employees at the IRS and RECESS acceptable to ask our agents to make elsewhere in the Government to admin- do with what resources are available ister the laws, costing the American The SPEAKER pro tempore. Pursu- rather than with the resources that taxpayers $13.7 billion to enforce and ant to clause 12 of rule I, the Chair de- they need to do their jobs. We owe it to oversee the Code. So while tax reduc- clares the House in recess until 10 a.m. these officers to provide them the tools tion is a very important, much-needed Accordingly (at 9 o’clock and 24 min- that they need to protect our borders step forward, we must not forget that utes a.m.), the House stood in recess and keep our communities safe. it is a first step in many that must be until 10 a.m. Last year alone, there were more taken. We should continue to work to f reduce the tax burden, but we also than 1.5 million apprehensions of ille- b 1000 gal aliens attempting to enter the must simplify the Tax Code. United States along the Southwest bor- To address the latter, Congress has AFTER RECESS der. As if this is not enough, Border Pa- an obligation to pursue tax fairness, The recess having expired, the House trol agents are playing a major and in- yes, and simplification for all Ameri- was called to order by the Speaker at tegral part in our Nation’s drug control cans, whether that be a flat tax, a na- 10 a.m. strategy. Drug traffickers attempting tional sales tax, a graduated tax, or The Chaplain, Rev. James David to supply the drugs to feed America’s even a value-added tax. Each has its Ford, D.D., offered the following pray- $50 billion a year drug habit have be- merits, and certainly all are better er: come increasingly dangerous and so- than the current flawed system. It is Of all the gifts that we treasure in phisticated. essential that any overhaul ostensibly our hearts, O God, we are especially The men and women of the U.S. Bor- based on fairness must be just that: grateful for the gift of truth and we der Patrol are outmanned and fair to everyone. Otherwise, we have pray that we will cherish that gift with outgunned. The INS, with its mission not bettered the system, we have only the unique respect and honor that is overload, is forced to fund programs de- exacerbated the already existing prob- most fitting and appropriate. May we pending on the priority of the moment lem. so use our thoughts and words in ways despite an unprecedented increase in Furthermore, and most importantly, that truly reflect the right exchange of resources. These priorities vary from the IRS itself is in dire need of reform. ideas between people and may every border control, interior enforcement, It is the exemplification of all that is person, on every side of discourse or ar- or naturalization. It is time to correct wrong with our overly complex and gument, use the wisdom and noble this. burdensome Tax Code. judgment that befits Your good cre- We cannot expect our Border Patrol In a recent survey, American tax- ation. And may the words we say with agents to effectively combat illegal im- payers rated the IRS last in customer our lips, be believed in our hearts, and migration and drug trafficking without satisfaction among 200 private compa- all that we practice in our hearts, may providing them the means to do so. nies, local government agencies, even we see lived out in our daily lives. In This newly created agency will be en- the U.S. Postal Service. Furthermore, Your name we pray. Amen. forcement-oriented and will dedicate the GAO reports that the IRS has been f the necessary resources to control our unable to accurately balance its own borders and protect the lives of our books for the last 4 years, reporting THE JOURNAL Border Patrol agents. that in 1992 the IRS could not even ac- The SPEAKER. The Chair has exam- This legislation will also allow the count for 64 percent of its own budget. ined the Journal of the last day’s pro- INS to focus its attention and re- After spending $4 billion, the IRS ac- ceedings and announces to the House sources on naturalization and adjudica- knowledged that its Tax Systems Mod- his approval thereof. tion by relieving them of their enforce- ernization Computer Program still has Pursuant to clause 1, rule I, the Jour- ment duties. The deficiencies inherent not produced a working system. As a nal stands approved. H8166 CONGRESSIONAL RECORD — HOUSE September 30, 1997

Mr. MCNULTY. Mr. Speaker, pursu- this devaluation in private property? the current system. Senator LOTT was ant to clause 1, rule I, I demand a vote Of course, the American taxpayer. quoted in today’s Washington Times as on agreeing to the Speaker’s approval They will foot the bill to support a rad- saying most Americans would be of the Journal. ical and extremely costly policy man- shocked to learn that some workers in The SPEAKER. The question is on dated upon them by Congress. our Nation are forced to contribute to the Chair’s approval of the Journal. It is time Members pay attention to candidates or campaigns they do not The question was taken; and the this debate and represent the constitu- support or they do not know anything Speaker announced that the ayes ap- ency that elected them to protect their about. But it happens, Madam Speaker, peared to have it. property and their rights. Madam in every national campaign, and it is Mr. MCNULTY. Mr. Speaker, I object Speaker, this is a bill that America wrong. to the vote on the ground that a cannot afford. Thomas Jefferson said, ‘‘To compel a quorum is not present and make the f man to furnish contributions of money point of order that a quorum is not SUPPORT FOR LORETTA SANCHEZ for the propagation of opinions which present. ´ he disbelieves, is sinful and tyran- The SPEAKER. Pursuant to the pro- (Mr. ROMERO-BARCELO asked and nical.’’ visions of clause 5, rule I, further pro- was given permission to address the Madam Speaker, let us free the ceedings on this question will be post- House for 1 minute and to revise and American workers from compulsory extend his remarks.) poned. campaign contributions for candidates Mr. ROMERO-BARCELO´ . Madam The point of no quorum is considered they cannot support. It is bad policy Speaker, I rise today to support our and it is wrong. withdrawn. colleague, the gentlewoman from Cali- f f fornia, Ms. LORETTA SANCHEZ. The Committee on House Oversight, PLEDGE OF ALLEGIANCE WHITE HOUSE’S DEFENSE OF IRS in conducting its election probe, will IS INDEFENSIBLE The SPEAKER. Will the gentleman not destroy her ability to represent the (Mr. TRAFICANT asked and was from Puerto Rico [Mr. ROMERO- people of her district. This investiga- given permission to address the House BARCELO´ ] come forward and lead the tion has dragged out but will not drag for 1 minute and to revise and extend House in the Pledge of Allegiance. down the gentlewoman from California. his remarks.) Mr. ROMERO-BARCELO´ led the Pledge Those of us who know the gentle- Mr. TRAFICANT. Madam Speaker, of Allegiance as follows: woman, know what the people of the 46th District knew when they voted her the IRS has a quota system. The IRS I pledge allegiance to the Flag of the promotes workers who bully taxpayers. United States of America, and to the Repub- into Congress. She is going to stand up lic for which it stands, one nation under God, in Congress to the challenge. She is The IRS targets opponents. The IRS indivisible, with liberty and justice for all. going to continue to stand up in Con- literally snoops through our files. The IRS has caused Bruce Barron and Alex f gress for the people of her district and the issues that matter most to them: Council to actually commit suicide. MESSAGE FROM THE SENATE education, crime prevention, and bet- And after all this, a spokesman says the White House will champion the A message from the Senate by Mr. ter jobs. cause of the IRS because the criticism Lundregan, one of its clerks, an- California’s Secretary of State cer- has been blown way out of proportion. nounced that the Senate had passed a tified the gentlewoman was duly elect- Beam me up. bill of the following title, in which the ed by the people of the 46th District. Let us tell it like it is. The White concurrence of the House is requested: Yet the investigation continues. The Committee on House Oversight House is defending an agency that has S. 459. An act to amend the Native Amer- become absolutely a Gestapo-type ican Programs Act of 1974 to extend certain is obviously stalling. The legal bills for authorizations, and for other purposes. the gentlewoman from California have agency, un-American, out of control. I am totally convinced that at the White f exceeded $400,000, and this probe con- tinues to cost her $10,000 a week. Is the House they are out for soup with the ANNOUNCEMENT BY THE SPEAKER committee protracting its investiga- group; they have gone for lunch with tion to keep her from raising funds for the bunch; and they must be smoking The SPEAKER. The Chair will enter- dope, so help me God. tain 15 1-minutes on each side. her reelection? One way or another they want to I yield back the balance of the atroc- f bring her down, but we stand behind ities of the IRS. YUCCA MOUNTAIN NUCLEAR her, Madam Speaker, and we will not f WASTE REPOSITORY WILL MEAN relent until this probe comes to an end. DEMOCRATS CALLING FOR CAM- LARGE GOVERNMENT PAYOFFS It is time to conclude this investiga- PAIGN FINANCE REFORM GIVES FOR DEVALUED PROPERTIES tion, to terminate this extended fishing HYPOCRISY A BAD NAME expedition, and for the attention of (Mr. GIBBONS asked and was given this Congress to be placed squarely on (Mr. HEFLEY asked and was given permission to address the House for 1 the people’s business. permission to address the House for 1 minute and to revise and extend his re- f minute and to revise and extend his re- marks.) marks.) Mr. GIBBONS. Madam Speaker, what COMPULSORY CAMPAIGN Mr. HEFLEY. Madam Speaker, to will a temporary nuclear waste reposi- CONTRIBUTIONS ARE WRONG hear the liberals call for campaign fi- tory at Yucca Mountain, NV, mean to (Mr. TIAHRT asked and was given nance reform is like Marv Albert scold- private property owners in some dis- permission to address the House for 1 ing Mike Tyson for using his biting tricts? It will mean large Government minute and to revise and extend his re- skills in an inappropriate manner. payoffs because the transportation of marks.) Democrats have had to return over $2 this radioactive waste will devalue Mr. TIAHRT. Madam Speaker, the million, $2 million, Madam Speaker, their property. The New Mexico Su- House has been drug through knotholes because they raised illegal money from preme Court ruled that Mr. John over campaign finance reform lately, foreign sources. In a town awash in hy- Komis of Santa Fe be awarded more and after numerous attempts to shut pocrisy, Democrats, who ran roughshod than $884,000 resulting from devalu- down the House and prevent us from over existing fundraising laws in the ation damage to his land due to the doing the people’s business, those few last election, are giving hypocrisy a transportation of radioactive waste who are responsible have failed to ad- bad name. past his property. dress true campaign reform; and that is One would expect the always fair, un- If H.R. 1270 passes, almost 80,000 tons simply to follow the laws that are on biased media to laugh them out of of nuclear waste will be transported the books today. town when they hear the very same across this country, devaluing property For campaign finance reform they people who broke the law call for re- along the way. And who will pay for have failed to address the injustice in form of the law. But here is the real September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8167 shocker: The ever-balanced media, far candidates. I support full disclosure, so majority. The Democrats have now from exposing their hypocrisy, are that the voters know where the money broken the rules while they are in the leading the way for calls in campaign is coming from. And I support the cur- minority. Let us remove that mask and finance reform. rent laws that have been broken with unblindfold the public. How many times have we heard our regularity by the Clinton-Gore cam- Before we consider fixing campaign liberal elite friends in the media say, paign team. But I will not support any finance reform, let us pin the tail of ‘‘The real tragedy is not what is illegal so-called reform effort that limits the blame fully on the Democratic donkey, but what is legal.’’ Yes, shaking down freedom of American citizens to par- and find out what went wrong with the impoverished Indian tribes, illegally ticipate in the political process. Democrats first before we change the mixing DNC funds with Teamster We must not compromise freedom in system. money, soliciting money from foreign the name of reform. f nationals, laundering money and shred- f ding evidence; no, I suppose that is not b 1015 REPUBLICANS HIDING BEHIND the real tragedy. PREVIOUS ABUSES AND NOT AL- IN SUPPORT OF FAIR f LOWING CAMPAIGN FINANCE RE- REPRESENTATION FOR LATINOS CAMPAIGN FINANCE REFORM A FORM TO TAKE PLACE (Ms. VELA´ ZQUEZ asked and was MUST TO HAVE A DEMOCRACY (Mr. DOGGETT asked and was given given permission to address the House WORTH PROTECTING permission to address the House for 1 for 1 minute.) ´ (Mr. BLAGOJEVICH asked and was minute and to revise and extend his re- Ms. VELAZQUEZ. Madam Speaker, given permission to address the House marks.) the Republicans are trying to deny the for 1 minute and to revise and extend Mr. DOGGETT. Madam Speaker, if it gentlewoman from California [Ms. his remarks.) is illegal, prosecute it, but do not hide SANCHEZ] the seat she won in a fair Mr. BLAGOJEVICH. Madam Speaker, behind it as the Republicans have been election. They are carrying out an in- let me first of all start by quoting Win- doing throughout this session. vestigation whose only purpose is to ston Churchill, who said, ‘‘Democracy Indeed, our Republican colleagues harass and intimidate the gentle- is the worst system ever devised by came into this Congress in 1995 promis- woman from California [Ms. SANCHEZ] man, except for all the rest.’’ ing revolutionary change, and they and Latino voters. I think there is a clear need for cam- have given us nothing but the most Now they are trying to prevent an ac- paign finance reform. I am a new Mem- modest and cosmetic touchover of the curate count in the 2000 census. By not ber and, clearly, most Members agree way business as usual is conducted in counting Latinos, opponents of a fair there is something wrong with the way this body. census can justify slashing resources to we fund our campaigns and fuel our de- If they had any real interest in revo- these communities. By pretending that mocracy. When we spend all the time lutionary change in the way this Con- millions of people do not exist, Latinos we spend trying to raise money to get gress operates, campaign finance would are silent at every level, from school here, and when we consider all of the have been considered in January 1995. boards all the way up to Presidential special interest money that helps us Instead, we have had nothing but elections. get elected to office, if that system is delays. And this year, having failed to Well, I have news for the Repub- not corrupting, it certainly is corrupt- reform the system in time for the last licans. Latinos will not be silenced. Re- ible. election, they are hiding behind any cently, the Republicans passed out a We have an opportunity in this Con- abuses that occurred, Democrat or Re- memo about how to appeal to Latinos. gress to do something real about cam- publican, in the last election, to defeat Well, the Republicans need to learn a paign finance reform. We live in a very reform this time. lesson about politics. By insulting our special place. We live in the greatest Even as our colleagues down the hall community this way, they will never country in the history of human his- in the other body debate genuine cam- get another Latino to join the Repub- tory, and the reason we do is because of paign finance reform, they continue to lican Party. our system of government that is based refuse to schedule 1 minute for real de- f on the consent of the governed. Unless bate, for presentation of bipartisan MY, HOW THINGS HAVE CHANGED the governed believe that we are acting proposals on the floor of this House. in good faith and are truly trying to f (Mr. BOB SCHAFFER of Colorado govern them in a fair way, we will not asked and was given permission to ad- DEMOCRATS ATTEMPTING TO CON- have a democracy worth protecting. dress the House for 1 minute and to re- FUSE AND DISORIENT PUBLIC We must pass some form of campaign vise and extend his remarks.) ABOUT CAMPAIGN FINANCE RE- finance reform in this Congress if we Mr. BOB SCHAFFER of Colorado. FORM are going to preserve what Abe Lincoln Madam Speaker, my, how things have said is our last best hope on Earth. (Mr. RYUN asked and was given per- changed. George Washington, the Fa- f mission to address the House for 1 ther of our Nation, was obsessed with minute and to revise and extend his re- the idea of establishing a national FREEDOM MUST NOT BE COM- marks.) character. He believed in the marrow of PROMISED IN THE NAME OF RE- Mr. RYUN. Madam Speaker, when I his bones that the esteem and success FORM was a young boy growing up in the of a nation derived above all from one (Mr. DELAY asked and was given per- great State of Kansas, my friends used thing and one thing only. mission to address the House for 1 to play a game in which we would It was not the strength of its army, minute and to revise and extend his re- blindfold someone, spin them around the wealth of its resources, the level of marks.) until disoriented, and then hand them taxation extracted from its citizens, Mr. DELAY. Madam Speaker, for any a paper tail with a thumbtack attached nor was it the refinement of his laws. democracy to work, it must have fair and point them toward a wall where a No, Washington believed that the es- and honest elections. To have fair and donkey was drawn. While blindfolded teem and success of a nation derived honest elections, the people running they were to pin the tail on the don- above all from the virtue of its people. for office must follow the law. Some key. To General Washington, the great- people want to change those laws de- That game represents what the ness of a nation and the greatness of spite overwhelming evidence that they Democrats are doing to the public. its people lay in the moral character of were broken during the last campaign They have attempted to confuse and individuals. He wrote that ‘‘A good by the Clinton-Gore reelection team. disorient the general public on cam- moral character is the first essential of Madam Speaker, I support efforts to paign finance reform. Madam Speaker, man.’’ make our elections more fair and hon- this must stop. How different things are today in the est. I support giving the American peo- The Democrats wrote the campaign city that bears the name of such a ple the best information possible about finance rules when they were in the great American hero. We see daily a H8168 CONGRESSIONAL RECORD — HOUSE September 30, 1997 new standard of character, a never- through a house because they were see on the front page of the Washing- never land of legalistic gymnastics drunk, this nuclear waste bill will pro- ton Times, in response to a Republican that carefully avoids the outright lie, tect that company from any kind of congressional proposal that a citizen but plumbs the depths of deception, de- lawsuit. oversight board protect Americans ceit, and verbal prestidigitation. Madam Speaker, this is outrageous. from the IRS, that the ‘‘White House The campaign to deceive began with This Nuclear Waste Policy Act of 1997 champions the IRS.’’ The headlines say Medicare, blossomed in Filegate, and needs to go down in flames. It is wrong that ‘‘the President opposes citizen continues this very day with the cor- for America. it protects the wrong peo- oversight.’’ ruption of American elections by for- ple. We need to vote against it. Republicans in this Chamber, Madam eign money. This new White House f Speaker, have made clear that the sta- standard is a national disgrace. tus quo with the IRS is unacceptable. I MS. SANCHEZ WON ELECTION FAIR f hope that the President will reconsider AND SQUARE his apparent refusal to see citizens SANCHEZ-DORNAN ELECTION (Mr. BARRETT of Wisconsin asked oversee the IRS, instead of having it (Ms. JACKSON-LEE of Texas asked and was given permission to address the other way around. and was given permission to address the House for 1 minute.) f the House for 1 minute and to revise Mr. BARRETT of Wisconsin. Madam and extend her remarks.) Speaker, several weeks ago this House CALL HALT TO INVESTIGATION OF Ms. JACKSON-LEE of Texas. Madam took the extraordinary action of ban- MS. SANCHEZ Speaker, the truth will be told. Madam ning Bob Dornan from the floor be- (Ms. DELAURO asked and was given Speaker, Bob Dornan is fighting for a cause of the embarrassing display he permission to address the House for 1 job, and the gentlewoman from Califor- put on for the Members of this House minute and to revise and extend her re- nia [Ms. SANCHEZ] is fighting for her and the American people. marks.) life and the life of a people who deserve What is unfortunate is that even Ms. DELAURO. Madam Speaker, I a right to be represented in the U.S. though he has been banned from this rise today to say enough is enough. It Congress. What a travesty. floor, neither he nor the Republican is time to call a halt to the investiga- First, the Republicans want to party have given up on trying to re- tion of the gentlewoman from Califor- counter the real counting of people by store his seat that he lost fairly and nia [Ms. SANCHEZ]. opposing sampling so that urban dwell- squarely to the gentlewoman from Today’s resolution on the floor is ing Hispanics, African-Americans, California [Ms. SANCHEZ]. nothing more than an effort by the ma- Asians, new immigrants to this Nation, The Republican Party has continued jority party to extend and to expand who become new citizens cannot be to go after the gentlewoman from Cali- this investigation. The resolution has counted. Why? Sheer politics. fornia [Ms. SANCHEZ], and I fear the no authority to force the Justice De- Why do the Republicans want to con- reason they are going after her, frank- partment to do anything. In fact, it tinue opposing the seating of the gen- ly, is because she is a woman and a mi- will only impede the ongoing legal tlewoman from California [Ms. nority. They think she is fair game. process. SANCHEZ] when absolutely no fraud has And even though she won the election The resolution is simply an attempt been found? Because I guess they do fair and square, they are trying to re- by the Republican Party to create not believe that all of us are equal in verse a decision that was made by the enough smoke to steal this election. If these United States. people of California. they cannot do that, they hope to sim- Former Representative Bob Dornan The people have spoken, Madam ply wear the gentlewoman from Cali- has led a widespread abusive and costly Speaker, and what we should do is we fornia [Ms. SANCHEZ] down, depleting search for voter fraud, claiming that should honor that election. There have her time, her energy, and her financial the lost election, that he lost by more been allegations of fraud, but there cer- resources in order to weaken her for re- than a thousand votes, is due to mas- tainly have not been any allegations of election. sive illegal voting by Hispanics. There fraud sufficient to upset this election. The gentlewoman from California we go again bashing immigrants, now This election should not be put aside. [Ms. SANCHEZ] won this seat fair and citizens. And yet, after $300,000 of tax- It should stand. square. Bob Dornan’s wild accusations payer money has been expended, no The people of California, in 1998, can of voter fraud have been proven false. fraud has been found. decide at that time whether the gentle- This is an outrageous waste of tax- Stop bashing Hispanics, count them. woman from California [Ms. SANCHEZ] payers’ funds. It is time to call an end And leave the gentlewoman from Cali- should be allowed to continue in office. to this investigation. fornia [Ms. SANCHEZ] alone to do her But it is wrong for her and it is wrong f job for the 46th District of California. for the democratic process to take that LIBERALS CREATED THE SYSTEM f seat now. WE HAVE f NUCLEAR WASTE POLICY ACT OF (Mr. ADERHOLT asked and was 1997 WHITE HOUSE CHAMPIONS THE given permission to address the House (Mr. ENSIGN asked and was given IRS for 1 minute and to revise and extend permission to address the House for 1 (Mr. ROGAN asked and was given his remarks.) minute and to revise and extend his re- permission to address the House for 1 Mr. ADERHOLT. Madam Speaker, I marks.) minute and to revise and extend his re- am truly struck by the volume and Mr. ENSIGN. Madam Speaker, I rise marks.) breadth of passion displayed by our lib- to talk about the nuclear waste bill of Mr. ROGAN. Madam Speaker, during eral friends on the other side. Their this year. Almost 80,000 tons of nuclear this last week, the other body has con- compassion and zeal for campaign fi- waste are going to be transported on ducted hearings that are extremely sig- nance reform is touching, to say the our roads throughout America. nificant to all Americans. We finally least. And when they chant over and What most people do not understand had a congressional committee turn over ‘‘the system is rotten to the is that the private companies that will over the rock at the IRS. What we core,’’ I am really impressed. be shipping this waste, if they happen heard were horror stories coming from But then I started thinking, some- to have a driver who is drunk, driving citizens, taxpayers, and even from IRS thing that liberals never want people in the middle of the night through, say, agents who testified anonymously. to do. I started thinking about the sys- St. Louis, Denver, Kansas City, Omaha, It did not surprise me, Madam Speak- tem. And you know what, Madam Chicago, Atlanta, Salt Lake City, er, to see on the front page of U.S.A. Speaker? Liberals created the system Philadelphia, or Los Angeles, all of Today that 69 percent of Americans be- we have. For liberals to come to the those cities this nuclear waste will be lieve the IRS abuses power often—not floor and bemoan the system is just a transported through, if one of the driv- just now and then, but often. What did little misplaced and more than a little ers of these rigs happens to crash surprise me, Madam Speaker, was to insincere. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8169 Madam Speaker, liberals realize the as one who won her second race by a United States should lead the fight to trouble the White House and the DNC very small minority, I want to say that rid the world of landmines. are getting into, and they know they I am appalled that new voters, and es- The President said that total land- have been sold out. The liberals do not pecially voters who have Hispanic sur- mine ban was a line he could not cross want campaign finance reform, they names, are being targeted by the at- for the safety of our troops. Their safe- want to change the subject. tacks on the gentlewoman from Cali- ty is of fundamental importance, but f fornia [Ms. SANCHEZ]. there are alternatives to mines that All of us, all of us, our right to pri- can protect our soldiers. CAMPAIGN FINANCE REFORM vacy, is under attack; and this attack A child in Angola does not see the (Ms. HOOLEY of Oregon asked and is coming from a man who was not al- line between farm and minefield and was given permission to address the lowed to serve on this floor, Bob Dor- does not know where she can safely House for 1 minute.) nan. It is time that the choice of the cross. Every 22 minutes, an innocent Ms. HOOLEY of Oregon. Madam voters be honored. We who represent civilian is killed or maimed by a land- Speaker, a bipartisan group of fresh- the people of our district must reject mine. men legislators have crafted a cam- this attack on our democratic election Madam Speaker, I urge Members and paign finance reform bill that can pass process. We must reject this resolution. citizens across the country to call on with strong support from Members on We must support what the voters sup- the President to think of that little both sides of the aisle. ported, the election of the gentle- girl, do the right thing and sign the Ot- This is not a radical measure. It is woman from California [Ms. SANCHEZ] tawa Treaty in December. incremental and focuses exclusively on to serve the people of her district. f areas of consensus between Repub- f licans and Democrats. No partisan poi- CALLING INVESTIGATION OF son pills were included in the bill. MARRIAGE TAX ELIMINATION ACT VOTER FRAUD A WITCH HUNT I urge the leadership to bring a meas- OR ATTACK ON HISPANICS IS (Mr. WELLER asked and was given UTTER NONSENSE ure up that appeals to both sides like permission to address the House for 1 this one, not a bill loaded with partisan minute and to revise and extend his re- (Ms. PRYCE of Ohio asked and was politics. Madam Speaker, the Amer- marks.) given permission to address the House ican people want to see reform, not po- Mr. WELLER. Madam Speaker, let for 1 minute and to revise and extend litical games on this floor. It is time to me address the House with a fairly sim- her remarks and include extraneous bring up campaign finance reform ple question: Do Americans feel that it material.) measures that address the issues we all is fair that our Tax Code imposes a Ms. PRYCE of Ohio. Madam Speaker, agree on. higher tax on married working cou- never have we heard or seen a more f ples? Do Americans feel it is fair that shameless, despicable display of play- ing the race card from the bottom of CAMPAIGN FINANCE REFORM we tax married couples more than those who live together, with two in- the deck than that we are seeing here (Mr. KINGSTON asked and was given comes, outside a marriage? Do Ameri- today with regard to the disputed permission to address the House for 1 cans feel that it is fair that 21 million Sanchez election. minute and to revise and extend his re- average, middle-class married couples I have heard investigations into marks.) pay an average of almost $1,400 more in voter fraud described as a witch hunt, Mr. KINGSTON. Madam Speaker, taxes than a working couple with iden- an attack on all Hispanic voters, and when the White House was having or- tical dual incomes living outside of an unprecedented attack on Hispanics ganized fundraising events in the Lin- marriage? throughout the Nation. I have heard coln bedroom for Democrat fundraising I do not believe so. I believe that the our constitutional duty to ensure fair purposes, when it was raised by Repub- folks back home, those who pay the and honest elections characterized as licans, Democrats said, ‘‘You are being bills, pay their taxes on time and live targeting every Hispanic voter as if partisan.’’ by the rules, also believe it is unfair. they did not have the right to vote. When the Vice President of the Unit- The marriage tax should be eliminated. What utter nonsense. Fair and honest ed States raised thousands and thou- The Marriage Tax Elimination Act, elections are not a Republican issue or sands of dollars in a Buddhist temple which now enjoys the cosponsorship of a Democratic issue. Is the other side from Buddhist monks and nuns, who 193 Members of this House, both Demo- really suggesting that voter fraud had to take vows of poverty but they crats and Republicans, will eliminate should not be investigated? Is the other came up with $5,000 each, we were the marriage penalty. My colleagues, I side really suggesting that non-U.S. called antireligious. ask for bipartisan support next year citizens should be able to vote? Now, because of some very question- and we make it a bipartisan priority to The other side’s reckless, irrespon- able voting tactics in the California eliminate the marriage tax. sible, and deliberately inflammatory race, we are being dragged into this charges are an insult to this great in- f thing on a race count. You know, fair stitution, to the American ideal of fair elections are not the domain of the b 1030 and honest elections. party that lost, it belongs to every- UNITED STATES SHOULD LEAD f body, Democrats and Republicans. We THE FIGHT TO RID THE WORLD WONDERING WHAT IRS WOULD have a situation here where files have OF LANDMINES MAKE OF WHITE HOUSE EX- been subpoenaed. CUSES FOR CAMPAIGN FINANCE The legislation that we are having to (Mr. ALLEN asked and was given LAWBREAKING pass today, which I hope all the Demo- permission to address the House for 1 crats join us in voting for, simply says minute and to revise and extend his re- (Mr. PITTS asked and was given per- give us the files so we can get to the marks.) mission to address the House for 1 bottom of this. We want to know Mr. ALLEN. Madam Speaker, 89 na- minute and to revise and extend his re- whether it is fair or not, because it is tions agreed in Oslo recently to an marks.) not a Democrat or Republican issue. international treaty to ban landmines. Mr. PITTS. Madam Speaker, one f This achievement is the product of wonders what the IRS would make of years of hard work by humanitarian the excuses the White House makes OUR RIGHT TO PRIVACY IS UNDER groups in the United States and around whenever it comes to campaign finance ATTACK the globe and honors the legacy of the law breaking. How ironic it is that the (Ms. FURSE asked and was given per- late Princess Diana. Unfortunately, the same administration that has an IRS mission to address the House for 1 administration has decided not to sign out of control, an IRS that targets av- minute.) the Ottawa treaty. erage citizens for political purposes, es- Ms. FURSE. Madam Speaker, as an I fear we have missed an historic op- pecially if they happen to work for the immigrant, as a Member of Congress, portunity to do the right thing. The White House Travel Office, or used to, H8170 CONGRESSIONAL RECORD — HOUSE September 30, 1997 an IRS that gives one absolutely no Owens Sanders Thurman Stenholm Thune Weldon (PA) Pascrell Sawyer Tierney Stump Tiahrt Weller benefit of the doubt, is the same ad- Payne Scott Torres Sununu Traficant Weygand ministration that actually claims to be Peterson (MN) Slaughter Towns Talent Turner White cooperating fully with congressional Pomeroy Smith, Adam Velazquez Tanner Upton Whitfield investigators while putting up a stone Price (NC) Snyder Vento Tauzin Visclosky Wicker Rangel Spratt Waters Taylor (MS) Walsh Wise wall bigger than the Great Wall of Reyes Stabenow Watts (OK) Taylor (NC) Wamp Wolf China. Rivers Stark Waxman Thomas Watkins Yates Do my colleagues think the IRS Rodriguez Stokes Wexler Thompson Watt (NC) Young (AK) would be satisfied with the sudden ‘‘I Roybal-Allard Strickland Woolsey Thornberry Weldon (FL) Young (FL) Rush Stupak Wynn don’t recall’’ syndrome that happens Sanchez Tauscher NOT VOTING—16 every time a White House official testi- Dellums Lampson Rothman fies before Congress? Do my colleagues NAYS—285 Flake Livingston Saxton Foglietta Minge Schiff Aderholt think the IRS would let them slide Forbes McInnis Gephardt Obey Schumer Archer with the ‘‘no controlling legal author- Fowler McIntosh Gonzalez Pallone Armey Fox McKeon Klink Pelosi ity’’ defense? Do my colleagues think Bachus Franks (NJ) McKinney the IRS would cut them some slack if Baesler Frelinghuysen Metcalf b 1053 they got caught red handed and then Baker Frost Mica turned around and said, ‘‘The system Ballenger Gallegly Miller (FL) Messrs. KIM, CUNNINGHAM, Barcia Ganske Moakley NUSSLE, PORTER, DAVIS of Virginia, made me do it, and anyway, everybody Barr Gekas Mollohan cheats’’? Barrett (NE) Gibbons Moran (KS) ROHRABACHER, and Ms. DUNN I wonder. Bartlett Gilchrest Morella changed their vote from ‘‘yea’’ to Barton Gillmor Myrick ‘‘nay.’’ f Bass Gilman Nadler Bateman Goodlatte Nethercutt Messrs. MCINTYRE, BOYD, PAYNE of New Jersey, ORTIZ, OLVER, LA- MOTION TO ADJOURN Bentsen Goodling Neumann Bereuter Gordon Ney FALCE, and RUSH, and Mrs. LOWEY Ms. VELA´ ZQUEZ. Madam Speaker, I Berman Goss Northup and Ms. LOFGREN changed their vote Bilbray Graham Norwood offer a privileged motion. Bilirakis Granger Nussle from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore (Mrs. Bliley Green Oberstar So the motion to adjourn was re- MORELLA). The Clerk will report the Blunt Greenwood Oxley jected. motion. Boehlert Gutknecht Packard Boehner Hall (TX) Pappas The result of the vote was announced The Clerk read as follows: Bonilla Hamilton Parker as above recorded. Ms. VELA´ ZQUEZ moves that the House Bono Hansen Pastor f do now adjourn. Boucher Hastert Paul Brady Hastings (WA) Paxon PERSONAL EXPLANATION The SPEAKER pro tempore. The Bryant Hayworth Pease question is on the motion to adjourn Bunning Hefley Peterson (PA) Mr. ROTHMAN. Mr. Speaker, on roll- Burr Herger Petri offered by the gentlewoman from New Burton Hill Pickering call vote No. 465, I was unavoidably de- York [Ms. VELA´ ZQUEZ]. Buyer Hilliard Pickett tained in New Jersey attending funeral The question was taken. Callahan Hobson Pitts services for Florence Rothman. Had I ´ Calvert Hoekstra Pombo been present, I would have voted ‘‘no.’’ Ms. VELAZQUEZ. Madam Speaker, I Camp Holden Porter object to the vote on the ground that a Campbell Hooley Portman f quorum is not present and make the Canady Horn Poshard point of order that a quorum is not Cannon Hostettler Pryce (OH) THE JOURNAL Cardin Houghton Quinn present. Carson Hulshof Radanovich The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- Castle Hunter Rahall NEY). Pursuant to clause 5 of rule I, the dently a quorum is not present. Chabot Hutchinson Ramstad pending business is the question of the Chambliss Hyde Redmond The Sergeant at Arms will notify ab- Chenoweth Inglis Regula Speaker’s approval of the Journal of sent Members. Christensen Istook Riggs the last day’s proceedings. The vote was taken by electronic de- Clay Jackson (IL) Riley The question was taken; and the vice, and there were—yeas 132, nays Clement Jenkins Roemer Coble John Rogan Speaker pro tempore announced that 285, not voting 16, as follows: Collins Johnson (CT) Rogers the ayes appeared to have it. [Roll No. 465] Combest Johnson, E. B. Rohrabacher RECORDED VOTE Condit Johnson, Sam Ros-Lehtinen YEAS—132 Cook Jones Roukema Ms. JACKSON-LEE of Texas. Mr. Abercrombie Dingell Kilpatrick Cooksey Kasich Royce Speaker, I demand a recorded vote. Ackerman Doggett Kind (WI) Costello Kelly Ryun A recorded vote was ordered. Allen Engel LaFalce Cox Kennedy (MA) Sabo Andrews Eshoo Largent Crane Kildee Salmon The vote was taken by electronic de- Baldacci Etheridge Levin Crapo Kim Sandlin vice, and there were—ayes 360, nays 56, Barrett (WI) Evans Lewis (GA) Cubin King (NY) Sanford not voting 17, as follows: Becerra Farr Lipinski Cummings Kingston Scarborough Berry Fattah Lofgren Cunningham Kleczka Schaefer, Dan [Roll No. 466] Bishop Fazio Lowey Danner Klug Schaffer, Bob YEAS—360 Blagojevich Filner Luther Davis (VA) Knollenberg Sensenbrenner Ackerman Bilbray Callahan Blumenauer Ford Maloney (CT) Deal Kolbe Serrano Aderholt Bilirakis Calvert Bonior Frank (MA) Maloney (NY) DeLay Kucinich Sessions Allen Bishop Camp Borski Furse Markey Diaz-Balart LaHood Shadegg Andrews Blagojevich Campbell Boswell Gejdenson Martinez Dickey Lantos Shaw Archer Bliley Canady Boyd Goode Matsui Dicks Latham Shays Bachus Blumenauer Cannon Brown (CA) Gutierrez McCarthy (NY) Dixon LaTourette Sherman Baesler Blunt Capps Brown (FL) Hall (OH) McDermott Dooley Lazio Shimkus Baker Boehlert Cardin Brown (OH) Harman McGovern Doolittle Leach Shuster Baldacci Boehner Carson Capps Hastings (FL) McIntyre Doyle Lewis (CA) Sisisky Ballenger Bonilla Castle Clayton Hefner McNulty Dreier Lewis (KY) Skaggs Barcia Bono Chabot Clyburn Hilleary Meehan Duncan Linder Skeen Barr Boswell Chambliss Coburn Hinchey Meek Dunn LoBiondo Skelton Barrett (NE) Boucher Chenoweth Conyers Hinojosa Menendez Edwards Lucas Smith (MI) Barrett (WI) Boyd Christensen Coyne Hoyer Millender- Ehlers Manton Smith (NJ) Bartlett Brady Clement Cramer Jackson-Lee McDonald Ehrlich Manzullo Smith (OR) Barton Brown (FL) Clyburn Davis (FL) (TX) Miller (CA) Emerson Mascara Smith (TX) Bass Brown (OH) Coble Davis (IL) Jefferson Mink English McCarthy (MO) Smith, Linda Bateman Bryant Collins DeFazio Johnson (WI) Moran (VA) Ensign McCollum Snowbarger Bentsen Bunning Combest DeGette Kanjorski Murtha Everett McCrery Solomon Bereuter Burr Condit Delahunt Kaptur Neal Ewing McDade Souder Berman Burton Conyers DeLauro Kennedy (RI) Olver Fawell McHale Spence Berry Buyer Cook Deutsch Kennelly Ortiz Foley McHugh Stearns September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8171 Cooksey Johnson, Sam Price (NC) NAYS—56 of the fiscal year 1998 energy and water Cox Jones Pryce (OH) Abercrombie Hill Pombo development appropriations bill. The Coyne Kanjorski Quinn Becerra Hilleary Poshard Cramer Kaptur Radanovich resolution waives all points of order Bonior Hinchey Ramstad Crane Kasich Rahall against the conference report and Borski Hooley Rush Crapo Kelly Rangel Brown (CA) Hulshof Sabo against its consideration. The rule pro- Cubin Kennedy (MA) Redmond Clay Kilpatrick Salmon vides that the conference report should Cummings Kennedy (RI) Regula Costello Kucinich Schaffer, Bob Cunningham Kennelly Reyes be considered as read. DeFazio Lewis (GA) Schumer Danner Kildee Riggs Let me begin my congratulating the DeLauro LoBiondo Sessions Davis (FL) Kim Riley Doggett gentleman from Pennsylvania [Mr. Rivers Lowey Stark Davis (IL) Kind (WI) English MCDADE] and the gentleman from Cali- Rodriguez Markey Stupak Davis (VA) King (NY) Ensign Roemer McDermott Taylor (MS) fornia [Mr. FAZIO] for ably guiding the Deal Kingston Fawell Rogan McGovern Thompson energy and water appropriations bill DeGette Kleczka Filner Rogers McNulty Velazquez Delahunt Klink Fox through conference. The product of Rohrabacher Menendez Vento DeLay Klug Gejdenson Ros-Lehtinen Miller (CA) Visclosky their hard work is a fiscally respon- Deutsch Knollenberg Gibbons Roukema Moran (KS) Waters sible conference report that spends $1.9 Diaz-Balart Kolbe Gutknecht Roybal-Allard Nussle Weller billion less than the President re- Dickey LaFalce Hefley Oberstar Dingell LaHood Royce quested, once again demonstrating to Dixon Lantos Ryun NOT VOTING—17 the taxpayers that this Congress is se- Dooley Largent Sanchez Sanders Armey Gephardt Pelosi rious about cutting waste and Doolittle Latham Clayton Gonzalez Pickett Doyle LaTourette Sandlin prioritizing our spending. Sanford Coburn Hastert Rothman Dreier Lazio Dellums Hilliard Saxton Mr. Speaker, I believe this bill does Duncan Leach Sawyer Scarborough Dicks Lampson Schiff an excellent job of accurately assessing Dunn Levin Flake Pallone our Nation’s energy and water needs, Edwards Lewis (CA) Schaefer, Dan Ehlers Lewis (KY) Scott b 1111 adjusting the administration’s request Ehrlich Linder Sensenbrenner for water resources infrastructure. For Serrano Emerson Lipinski Mr. THOMAS changed his vote from Shadegg example, the conference report pro- Engel Livingston ‘‘nay’’ to ‘‘yea.’’ Shaw vides funding for important flood con- Eshoo Lofgren Shays So the Journal was approved. Etheridge Lucas trol activities of the Army Corps of En- Sherman The result of the vote was announced Evans Luther gineers, a need that was definitely Shimkus Everett Maloney (CT) as above recorded. Shuster brought to light by the devastating Ewing Maloney (NY) Sisisky f floods that ravaged the South and Mid- Farr Manton Skaggs Fattah Manzullo PERSONAL EXPLANATION west last winter and throughout this Skeen Fazio Martinez past spring. Skelton Foglietta Mascara Mr. ROTHMAN. Mr. Speaker, on roll- I would like to commend the gen- Slaughter call vote No. 466, I was unavoidably de- Foley Matsui Smith (MI) tleman from Pennsylvania [Mr. Forbes McCarthy (MO) Smith (NJ) tained in New Jersey attending funeral MCDADE] and the subcommittee for Ford McCarthy (NY) Smith (OR) services for Florence Rothman. Had I Fowler McCollum their continued support of the West Co- Smith (TX) been present, I would have voted ‘‘yes.’’ Frank (MA) McCrery Smith, Adam lumbus flood wall project. In 1913, 1937, Franks (NJ) McDade Smith, Linda f and 1959, melting snow and heavy rains Frelinghuysen McHale Snowbarger caused the Scioto River to overflow its Frost McHugh Snyder CONFERENCE REPORT ON H.R. 2203, Furse McInnis Solomon ENERGY AND WATER DEVELOP- banks. The resulting catastrophic flood Gallegly McIntosh Souder MENT APPROPRIATIONS ACT, caused the loss of many lives, de- Ganske McIntyre Spence stroyed homes and businesses, and Gekas McKeon 1998 Spratt damaged millions of dollars’ worth of Gilchrest McKinney Stabenow Ms. PRYCE of Ohio. Mr. Speaker, by Gillmor Meehan residential and commercial property. Stearns direction of the Committee on Rules, I Gilman Meek Stenholm Ensuring a continued Federal commit- Goode Metcalf Stokes call up House Resolution 254 and ask ment to this project is essential to pro- Goodlatte Mica Strickland for its immediate consideration. viding the West Columbus community Goodling Millender- Stump The Clerk read the resolution, as fol- Gordon McDonald Sununu peace of mind and a real measure of Goss Miller (FL) Talent lows: protection from the looming threat of Graham Minge Tanner H. RES. 254 Granger Mink destructive floods. There are examples Tauscher Resolved, That upon adoption of this reso- Green Moakley Tauzin all across our Nation of exactly the Greenwood Mollohan Taylor (NC) lution it shall be in order to consider the same situation found in this conference Gutierrez Moran (VA) Thomas conference report to accompany the bill report. Hall (OH) Morella Thornberry (H.R. 2203) making appropriations for energy Hall (TX) Murtha I would also note that the conference Thune and water development for the fiscal year report continues our commitment to Hamilton Myrick Thurman ending September 30, 1998, and for other pur- Hansen Nadler Tiahrt poses. All points of order against the con- downsizing and streamlining the Fed- Harman Neal Tierney eral Government by imposing a number Hastings (FL) Nethercutt ference report and against its consideration Torres of management reforms on the Depart- Hastings (WA) Neumann Towns are waived. The conference report shall be Hayworth Ney Traficant considered as read. ment of Energy, all designed to keep Hefner Northup Turner b 1115 the Department focused, efficient, and Herger Norwood Upton accountable to the taxpayers. There Hinojosa Obey Walsh The SPEAKER pro tempore (Mr. Hobson Olver are more than a few of my colleagues Wamp NEY). The gentlewoman from Ohio [Ms. Hoekstra Ortiz Watkins who view the Department of Energy as Holden Owens Watt (NC) PRYCE] is recognized for 1 hour. the epitome of wasteful bureaucracy Horn Oxley Watts (OK) Ms. PRYCE of Ohio. Mr. Speaker, for that has outgrown its original limited Hostettler Packard Waxman purposes of debate only, I yield the cus- Houghton Pappas Weldon (FL) purpose. How the Department responds Hoyer Parker Weldon (PA) tomary 30 minutes to the gentleman to the reforms implemented by this bill Hunter Pascrell Wexler from Massachusetts [Mr. MOAKLEY], will send an important message to Con- Hutchinson Pastor Weygand the distinguished ranking member of Hyde Paul gress about what the future of this White the Committee on Rules, pending Inglis Paxon Whitfield agency should be. Istook Payne Wicker which I yield myself such time as I In the meantime, the conference re- Jackson (IL) Pease Wise may consume. During consideration of port will provide the necessary DOE Jackson-Lee Peterson (MN) Wolf this resolution, all time yielded is for funds for basic scientific research, ac- (TX) Peterson (PA) Woolsey Jefferson Petri Wynn the purpose of debate only and should celerated cleanup of contaminated Jenkins Pickering Yates be limited to debate on the issue at DOE sites, maintenance of our Nation’s John Pitts Young (AK) hand. nuclear weapons stockpile, and a con- Johnson (CT) Pomeroy Young (FL) Johnson (WI) Porter Mr. Speaker, House Resolution 254 tinuation of solar renewable energy Johnson, E. B. Portman provides for the routine consideration programs. H8172 CONGRESSIONAL RECORD — HOUSE September 30, 1997 In addition, the conference report be- Mr. Speaker, I yield back the balance Kaptur Morella Shadegg Kasich Murtha Shaw gins the phaseout of funding for an- of my time. Kennedy (MA) Myrick Shays other agency that has outlived its ne- Ms. PRYCE of Ohio. Mr. Speaker, I Kennedy (RI) Nadler Sherman cessity by terminating the appropria- have no further requests for time, I Kennelly Neal Shimkus tions for the Tennessee Valley Author- yield back the balance of my time, and Kildee Nethercutt Shuster Kilpatrick Neumann Sisisky ity after fiscal year 1998. I should note I move the previous question on the Kim Ney Skaggs that through this legislation the TVA resolution. Kind (WI) Northup Skeen will receive $70 million for its The previous question was ordered. King (NY) Norwood Skelton Kingston Nussle Slaughter nonpower program, but this amount The SPEAKER pro tempore. The Kleczka Oberstar Smith (MI) represents a 34 percent cut below the question is on the resolution. Klink Obey Smith (NJ) current level and the administration’s The question was taken; and the Klug Olver Smith (OR) request. Knollenberg Ortiz Smith (TX) Speaker pro tempore announced that Kolbe Owens Smith, Adam Mr. Speaker, as the fiscal year draws the ayes appeared to have it. Kucinich Oxley Smith, Linda to a close, I encourage my colleagues Mr. DOGGETT. Mr. Speaker, I object LaHood Packard Snowbarger to adopt the rule before us without to the vote on the ground that a Lampson Pappas Snyder delay so that the House may proceed Lantos Parker Solomon quorum is not present and make the Largent Pascrell Souder with consideration of the fiscal year point of order that a quorum is not Latham Pastor Spence 1998 energy and water conference re- present. LaTourette Paul Spratt port. I urge support for both the rule Lazio Paxon Stabenow The SPEAKER pro tempore. Evi- Leach Payne Stark and the underlying legislation. dently a quorum is not present. Levin Pease Stearns Mr. Speaker, I reserve the balance of The Sergeant at Arms will notify ab- Lewis (CA) Peterson (MN) Stenholm my time. sent Members. Lewis (GA) Peterson (PA) Stokes Mr. MOAKLEY. Mr. Speaker, I yield Lewis (KY) Petri Strickland The vote was taken by electronic de- Linder Pickering Stump myself such time as I may consume. I vice, and there were—yeas 415, nays 3, Lipinski Pitts Stupak thank my colleague and friend, the not voting 15, as follows: Livingston Pombo Sununu gentlewoman from Ohio [Ms. PRYCE], LoBiondo Pomeroy Talent [Roll No. 467] for yielding me the customary half Lofgren Porter Tanner YEAS—415 Lowey Portman Tauscher hour. Lucas Poshard Tauzin Mr. Speaker, I rise in support of this Abercrombie Clyburn Frelinghuysen Luther Price (NC) Taylor (MS) rule and in support of this energy and Ackerman Coble Frost Maloney (CT) Pryce (OH) Taylor (NC) Aderholt Coburn Furse water conference report. I also would Maloney (NY) Quinn Thomas Allen Collins Gallegly Manton Radanovich Thompson like to congratulate my colleagues, the Andrews Combest Ganske Manzullo Rahall Thornberry ranking member, the gentleman from Archer Condit Gejdenson Markey Ramstad Thune Armey Conyers Gekas California [Mr. FAZIO], and the chair- Martinez Rangel Thurman Bachus Cook Gephardt Mascara Redmond Tiahrt man, the gentleman from Pennsylvania Baesler Cooksey Gilchrest Matsui Regula Tierney [Mr. MCDADE], for a job well done. The Baker Costello Gillmor McCarthy (MO) Reyes Torres gentleman from Pennsylvania [Mr. Baldacci Cox Gilman McCarthy (NY) Riggs Towns Ballenger Coyne Goode McCollum Riley Traficant MCDADE], in his first year as chairman, Barcia Cramer Goodlatte McCrery Rivers Turner has worked very hard with the other Barrett (NE) Crane Goodling McDade Rodriguez Upton body to make sure that House Members Barrett (WI) Crapo Gordon McDermott Roemer Velazquez were treated fairly. Bartlett Cubin Goss McGovern Rogan Vento Barton Cummings Graham McHale Rogers Visclosky This conference report will make Bass Cunningham Granger McHugh Rohrabacher Walsh some very serious improvements in our Bateman Danner Green McInnis Ros-Lehtinen Wamp country, especially in our country’s in- Becerra Davis (FL) Greenwood McIntosh Roukema Waters Bentsen Davis (IL) Gutierrez frastructure, and the subcommittee McIntyre Roybal-Allard Watkins Bereuter Davis (VA) Gutknecht McKeon Royce Watt (NC) members should be congratulated on Berman Deal Hall (OH) McKinney Rush Watts (OK) their diligence and on their hard work. Berry DeFazio Hall (TX) McNulty Ryun Waxman Mr. Speaker, this rule, like most con- Bilbray DeGette Hamilton Meehan Sabo Weldon (FL) Bilirakis Delahunt Hansen ference report rules, waives points of Meek Salmon Weldon (PA) Blagojevich DeLauro Harman Menendez Sanchez Weller order against the conference report and Bliley DeLay Hastert Metcalf Sanders Wexler provides for 1 hour of debate. This con- Blumenauer Deutsch Hastings (FL) Mica Sandlin Weygand ference report also fully funds the Blunt Diaz-Balart Hastings (WA) Millender- Sanford White Boehlert Dickey Hayworth McDonald Sawyer Whitfield budget request for the Energy Depart- Boehner Dicks Hefley Miller (CA) Scarborough Wicker ment’s arms control and nonprolifera- Bonilla Dingell Hefner Miller (FL) Schaefer, Dan Wise tion programs as the House has in- Bonior Dixon Herger Minge Schaffer, Bob Wolf Bono Doggett Hill structed them to do. It restores fund- Mink Schumer Woolsey Borski Dooley Hilleary Moakley Scott Wynn ing for the Energy Department, which Boswell Doolittle Hilliard Mollohan Sensenbrenner Yates means that they can continue to cut Boucher Doyle Hinchey Moran (KS) Serrano Young (AK) Boyd Dreier Hinojosa Moran (VA) Sessions Young (FL) spending through normal attrition in- Brady Duncan Hobson stead of making radical staff cuts Brown (CA) Dunn Hoekstra NAYS—3 which could hurt our country’s energy Brown (FL) Edwards Holden Ensign Gibbons Kelly program. The Energy Department, in Brown (OH) Ehlers Hooley Bryant Ehrlich Horn addition to atomic defense activities, Bunning Emerson Hostettler NOT VOTING—15 conducts basic science and energy re- Burr Engel Houghton Barr Flake Pelosi search which I think is tremendously Burton English Hoyer Bishop Gonzalez Pickett important, especially in today’s high- Buyer Eshoo Hulshof Cardin Hunter Rothman Callahan Etheridge Hutchinson Dellums LaFalce Saxton tech world. Calvert Evans Hyde Farr Pallone Schiff I am glad that the committee did not Camp Everett Inglis have to make major staff cuts, and Campbell Ewing Istook Canady Fattah Jackson (IL) b 1141 once again, Mr. Speaker, I congratu- Cannon Fawell Jackson-Lee late my ranking member, the gen- Capps Fazio (TX) Mr. ISTOOK changed his vote from tleman from California [Mr. FAZIO], Carson Filner Jefferson ‘‘nay’’ to ‘‘yea.’’ and my chairman, the gentleman from Castle Foglietta Jenkins Chabot Foley John So the resolution was agreed to. Pennsylvania [Mr. MCDADE], for the Chambliss Forbes Johnson (CT) conference committee and all the other Chenoweth Ford Johnson (WI) The result of the vote was announced conference committee members for Christensen Fowler Johnson, E. B. as above recorded. Clay Fox Johnson, Sam their hard work. I urge my colleagues Clayton Frank (MA) Jones A motion to reconsider was laid on to support the rule. Clement Franks (NJ) Kanjorski the table. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8173 PERSONAL EXPLANATION In addition to that, Mr. Speaker, great help of my friend from Califor- Mr. ROTHMAN. Mr. Speaker, On roll- may I say that there were a number of nia. But it is considerably more than call vote No. 467, I was unavoidably de- initiatives that were agreed upon by the $50 million that the Senate in- tained in New Jersey attending funeral the House, numbering about seven gen- cluded. And I think everybody’s last services for Florence Rothman. Had I eral provisions, all of which in one analysis is this will really kick-start been present, I would have voted ‘‘yes.’’ form or another survived the con- the project and get it moving expedi- Mr. McDADE. Mr. Speaker, pursuant ference. I want to say to my colleagues tiously. to House Resolution 254, I call up the in the House that they bear a bit of Mr. Speaker, there were several other conference report on the bill (H.R. their attention because they do rep- items that were within the conference 2203), making appropriations for energy resent significant reforms with respect report with which we had great dif- and water development for the fiscal to the Department of Energy. ficulties. We have resolved them. This year ending September 30, 1998, and for As we went through this account ex- is a unanimous conference report. other purposes. ercising our duty for general oversight, Every single conferee has agreed to the The Clerk read the title of the bill. we discovered, to our shock, that the provisions. The SPEAKER pro tempore (Mr. Department of Energy had the author- I want to say to my colleagues, Mr. NEY). Pursuant to House Resolution ity to enter into M&O contracts with- Speaker, that without the able co- 254, the conference report is considered out ever going to competitive bid. The operation of the gentleman from Cali- as having been read. worst case that we found, Mr. Speaker, fornia [Mr. FAZIO], the ranking mem- (For conference report and state- was a bid that had been outstanding ber, we would not have achieved that ment, see proceedings of the House of and extended periodically, since the kind of unanimity. I want to commend September 16, 1997, at page H7917.) Manhattan Project, 40 years ago. I am every single member of the subcommit- The SPEAKER pro tempore. The gen- talking about a contractor, Mr. Speak- tee. Every one of them has put an im- tleman from Pennsylvania [Mr. er, for 40 years not having to bid on a print and a footprint on this bill and a MCDADE] will be recognized for 30 min- contract. positive one. utes, and the gentleman from Califor- There are other examples, as well. Finally, Mr. Speaker, I want to nia [Mr. FAZIO] will be recognized for 30 That is the worst case. We denied them thank the very able staff members, minutes. the opportunity of getting to go to a who burn the midnight oil 24 hours a The Chair recognizes the gentleman no-bid unless there is a unique research day, many days a week to bring this from Pennsylvania [Mr. MCDADE]. project, like hiring Albert Einstein, in work product to us. I hope that there which case we might consider a waiver. will be a resounding vote in the House b 1145 But they must get a waiver and they to adopt it. GENERAL LEAVE must consult with us. Mr. Speaker, I rise in support of the con- Mr. McDADE. Mr. Speaker, I ask We found out, as well, that the same ference agreement to accompany H.R. 2203, unanimous consent that all Members sort of exemption removed the Federal making appropriations for energy and water may have 5 legislative days within acquisition regulations from the De- development in fiscal year 1998. which to revise and extend their re- partment of Energy. In other words, Mr. Speaker, I am pleased that the con- marks on the pending bill and that I they could not only go out and do a no- ference agreement on energy and water de- may be permitted to include tabular bid contract, but they could do one velopment is being considered by the House and extraneous material. that need not comply with the Federal before the expiration of the current fiscal year. The SPEAKER pro tempore (Mr. regulations on acquisition which apply Getting this agreement to the floor expedi- NEY). Is there objection to the request to every other agency of the Govern- tiously required the concerted and cooperative of the gentleman from Pennsylvania? ment. efforts of the conferees from both sides of the There was no objection. Mr. Speaker, those Federal acquisi- Hill and both sides of the aisle. I am especially Mr. MCDADE. Mr. Speaker, I yield tion rules and the requirement for proud of the managers on the part of the myself such time as I may consume. competition are the taxpayers’ guaran- House, whose dedicated work produced a fair Mr. Speaker, I rise, of course, in sup- tee that we will have competition and, compromise agreement. port of this conference report and urge therefore, lower prices and higher qual- The conference on the energy and water bill my colleagues to do likewise. We are ity work. There will not be any rip-offs concluded last Wednesday night after difficult delighted, all of us on both sides of the or abuses, or at least as few as we can negotiations with the Senate. The total amount subcommittee, to present this bill be- help. And we hope we do not have any of spending in the conference agreement is fore the close of the fiscal year, and within the Department. $20.7 billion. This represents an increase of may I say to my colleagues that this Perhaps the most difficult issue that $729 million above the House level and $782 required cooperative efforts on both we had as we went through the debate million over the fiscal year 1997 level. This sides of this aisle and on both sides of with the Senate was the issue of TVA. amount, however, is $1.9 billion lower than the the Capitol to get this done. As my colleagues will recall, there was administration's budget request and $58 mil- We met in conference and concluded a zero appropriation for appropriated lion below the Senate recommendation for fis- last Wednesday, after a very difficult accounts within the TVA. We met with cal year 1998. Of the $20.7 billion appro- series of negotiations with the Senate. the Senate, which had a substantial priated, $11.5 billion or 56 percent is commit- The key numbers are that this bill is $2 amount; and we finally agreed, as we ted to the atomic energy defense activities of billion, roughly, lower than the admin- should have, on a number that rep- the Department of Energy. istration’s budget request appropriat- resents a 33-percent reduction in appro- Negotiations were particularly arduous this ing $20.7 billion. It is also lower than priated funds for the TVA for the last year because of the substantial differences the Senate level. And of the total fiscal year. And perhaps most impor- between the House and Senate versions of amount, $20.7 billion, roughly 56 per- tantly, working with all of my col- the legislation. I am pleased to report that the cent of it is devoted to the atomic en- leagues who have great interests, in re- House conferees successfully defended the ergy defense activities, the 050 account turn for that we agreed that this would House position on a great number of items in within the Department of Energy. be the final year in which TVA will re- disagreement between the two Chambers. In We had a lot of difficult issues, Mr. ceive any kind of appropriated dollars. particular, the House conferees protected the Speaker, and I am pleased that we were An item of great interest to the interests of Members in water infrastructure able to work them out in a manner Members is the Bay-Delta Environ- development; as a consequence, the con- that protected the Members of the mental Enhancement and Water Sup- ference committee agreed to a final appropria- House and the prerogatives of the ply project in California; $85 million is tion of $3.9 billion for the water resource pro- House. As a consequence of all of that, included in the bill for that important grams of the Army Corps of Engineers. This the final appropriation for the Corps of project that affects the San Francisco amount, which is nearly identical to the Engineers is $3.9 billion, which is very Bay-Sacramento-San Joaquin Delta es- House-passed level, is $262 million higher roughly, almost to the penny, the tuary in Northern California. than had been included in the Senate bill. amount that was agreed upon when we The amount is less than the $120 mil- Furthermore, the final agreement includes a left the House. lion that we appropriated, with the number of initiatives recommended by the H8174 CONGRESSIONAL RECORD — HOUSE September 30, 1997 House, including: General provisions to pro- bill. These provisions, originally recommended House and the Senate was inadvertently ex- mote greater accountability and efficiency by the House, are intended to enhance ac- cluded from the joint statement of the man- within the U.S. Department of Energy; transfer countability, promote efficiency, and control agers. The text of that language follows: of the Formerly Utilized Sites Remedial Action mission creep at the Department of Energy. With respect to funds appropriated in fiscal Program from the Department of Energy to the One of these provisions, section 301, requires year 1993 and made available to the Center Corps of Engineers; and a requirement for ex- the Department to competitively bid all con- for Energy and Environmental Resources, ternal review of DOE construction projects. tracts, unless the Secretary of Energy deter- Louisiana State University, Baton Rouge, The conferees crafted a delicate compromise mines that a waiver of this requirement is nec- Louisiana, the conferees strongly rec- with respect to the Tennessee Valley Author- essary and notifies Congress of the waiver 60 ommend that the Department disperse these ity. For fiscal year 1998, TVA will receive $70 days in advance. These are contracts at the funds only in accordance with the original million for its nonpower programs; this rep- Department of Energy which have not been intent to place the facility on property resents a 33-percent reduction from both the competed since the Manhattan project. Sec- owned by the Research Park Corporation in fiscal year 1997 level and the fiscal year 1998 tion 301 is designed to vigorously promote Baton Rouge, Louisiana or contiguous prop- erty thereto owned by Louisiana State Uni- budget request. For fiscal year 1999 and competition, an effective tool for reducing versity, Baton Rouge. thereafter, the Authority will have to pay for costs and increasing contractor accountability. these programs with internally generated reve- Another provision, section 302, requires the We fully expect that the Department of En- nues and savings. Department of Energy to adhere to the Fed- ergy and interested stakeholders will regard The conference agreement also includes eral Acquisition Regulation. As observed by this language as though included in full in the $85 million for the Bay-Delta Environmental the General Accounting Office, the Depart- joint explanatory statement of the committee Enhancement and Water Supply project, a ment has its own unique procurement regula- of conference. new multiagency effort to protect and enhance tions which permit deviations from normal con- Mr. Speaker, I would like to once again water resources in the San Francisco Bay/ tracting requirements used by most Federal thank and commend the Members of the Sacramento-San Joaquin Delta estuary (the agencies. These nonstandard contract clauses House Subcommittee on Energy and Water bay-delta) in northern California. Although this can limit DOE's ability to adequately protect Development for their extraordinary efforts amount is less than the $120 million rec- the Government's interests and ensure the ef- with respect to this conference agreement. I ommended by the House, it is considerably ficient use of contract funds. The conferees am especially indebted to the ranking minority more than the $50 million included in the Sen- have directed the Department to ensure that member, the Honorable VIC FAZIO, whose ate bill. We are confident that this sum, rep- Federal Acquisition Regulation policies are good will and cooperation were essential to resenting a generous first-year installment on used in drafting new contracts or amending or a multiyear Federal commitment, will be suffi- modifying existing contracts. Along with com- the expenditous conclusion of conference. cient to kick-start the effort to save the bay- petition in awarding contracts, consistency in Mr. Speaker, I urge all of my colleagues in delta. contract requirements is a critical element in the House to support the conference agree- As previously noted, the conference agree- increasing contractor accountability. ment to accompany H.R. 2203, making appro- ment includes a number of general provisions Mr. Speaker, due to a production error, re- priations for energy and water development in within the Department of Energy title of the port language agreed to by conferees from the fiscal year 1998. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8175 H8176 CONGRESSIONAL RECORD — HOUSE September 30, 1997 September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8177 Mr. MCDADE. Mr. Speaker, I reserve The people of the State of California made RECORD and yield to Members who have the balance of my time. a significant commitment to this ecosystem an interest in colloquies. Mr. FAZIO of California. Mr. Speak- restoration by approving a nearly $1 billion Mr. Speaker, I yield 11⁄2 minutes to er, I yield myself such time as I may bond issue in 1996. There has been a biparti- the gentleman from Washington [Mr. consume. san effort by a united California congressional DICKS], a colleague on the Committee Mr. Speaker, I rise today in strong delegation, and by urban and agricultural on Appropriations. support of H.R. 2203, the Energy and water users as well as the environmental com- Mr. DICKS. Mr. Speaker, I would like water conference report for fiscal year munity to acquiring the Federal share of eco- to engage the gentleman from Penn- 1998. system restoration projects. I am pleased to sylvania [Mr. MCDADE] and the gen- I want to thank the gentleman from see that $85 million has been provided in this tleman from California [Mr. FAZIO] in a Pennsylvania [Mr. MCDADE] for all the bill, and I can assure you that California will brief colloquy with regard to language work he has done to bring about a bal- use this money well. in the conference report. anced, reasonable, and fair bill that I also want to comment briefly on a com- As the chairman will recall, during provides adequate funding for not only plicated subjectÐthe Central Valley project the deliberations over the conference important water projects all over this restoration fund. This fund is generated by as- report on the Energy and Water Appro- country, but for vital energy programs sessments on water and power users, and is priations Act for fiscal year 1998, both as well. devoted to ecosystem restoration. The con- Senators from the State of Washington I want to say on behalf of my Demo- ferees ultimately settled on a $7 million reduc- and I were interested in clarifying Sen- cratic colleagues on the subcommittee, tion in the restoration fund, an even split be- ate language that addressed the Corps the gentleman from Indiana [Mr. VIS- tween the Houses. Although this amount does of Engineers’ actions with regard to CLOSKY], the gentleman from Arizona not fully fund the restoration fund for 1998, the the Terminal 5 expansion project at the [Mr. PASTOR], and the gentleman from conference did well given California's exten- Port of Seattle. We appreciate the con- Texas [Mr. EDWARDS], how much we ap- ference committee’s decision to include preciate the way in which the majority sive priorities. The conferees were able to voice the limita- a statement urging the corps to make has worked with us, and also thank the tions on the 1998 funding in terms that do not a final decision with regard to the Port staff for the degree to which they have amend the Central Valley Project Improvement of Seattle permit application. cooperated in our mutual goal of bring- Act, and therefore will not affect restoration However, events that have occurred ing a bipartisan bill to the floor. fund collections or appropriations in any other after the conference committee ad- Mr. Speaker, Chairman MCDADE has journed have rendered the language un- reached out to Members on both sides of the year. necessary. Specifically, the aisle to try to move infrastructure-related The CVPIA's restoration fund provisions are Muckleshoot Indian Tribe, which had projects to completion and to begin a limited confusing, contradictory, unfair, and counter- been opposing the terminal 5 expan- number of reconnaissance and feasibility stud- productive. They should be reformed by the sion, has now adopted a resolution ap- ies mandated by the Water Resources Devel- authorizing committee as soon as possible. On the energy side, this bill continues our proving a settlement that has been opment Act of 1996. We have all read in the reached between the tribe and the port, Washington Post how some of these projects investment in the development of alternative may be subjected to the line-item veto. energy sources. Finding alternative means to including significant mitigation and I think there is a serious question worth con- help meet the energy needs of our growing enhancement measures that will bene- sidering here: our continued commitment to economy is critical if we are to tackle air pollu- fit the tribes who utilize the Duwamish the types of infrastructure funding that we tion and other environmental threats. Our River fishery. present in this bill. strategy to reduce greenhouse gas emissions In this resolution of approval, the There is little debate about the need for a that contribute to global climate change as- Muckleshoot Tribe has requested rec- Transportation appropriations bill or an ISTEA sumes that cleaner solar and renewable en- ognition in Congress that the language bill to authorize and fund our highways and ergy sources will be available and economi- inserted in the conference report relat- mass transit systems. cally viable in the future, and this bill supports ing to the terminal 5 project is no I believe the projects presented in this billÐ that goal. Alternative energy sources are also longer necessary. We appreciate the projects that contribute to building our modern critical to our energy security by helping re- committee’s assistance in this project, harbors and keeping them serviceable; duce our reliance on foreign oil. which is critically important to the projects that contribute to the flood control The bill invests $302 million in research and further development of international systems that protect our communities; and development into a range of promising tech- trading opportunities at the Port of Se- projects that contribute to our abundant pro- nologies that make use of a variety of poten- attle. duction agricultureÐthese projects are equally tial energy sources, including solar and Mr. McDADE. Mr. Speaker, will the important and equally worthy of both congres- photovoltaics, biomass, hydrogen, geothermal gentleman yield? sional and administration support. sources, and wind. And it does so while en- Mr. DICKS. I yield to the gentleman For example, in the Sacramento area, the couraging industry interest and commitment from Pennsylvania. bill supplies funding for the long-term flood through cost-share programs that will later en- Mr. McDADE. Mr. Speaker, let me control improvements pointed out not by this sure the technologies will be commercially via- say to my friend, the gentleman from year's floods, but by the flooding of 1986. ble. Washington [Mr. DICKS], that I appre- However, funding is also provided for a com- The bill also continues vital research and ciate the information that he has pro- prehensive study of the Sacramento and San development in fusion energy, supports the vided to update the Committee on the Joaquin River Basins, based on this year's national laboratories, and provides for national status of the terminal 5 expansion flood event, to determine what additional flood security by supporting the development of criti- project in Seattle. We are grateful for control measures may need to be adopted. An cal verification technology to assess the safety his input. important component of such a comprehen- and reliability of our nuclear stockpile. It also Mr. FAZIO of California. Mr. Speak- sive study will be the post-flood assessment funds the cleanup of the nuclear weapons er, if the gentleman will yield, that and a hydraulic/hydrologic model of the entire complex to fulfill the country's obligation to re- certainly satisfies me. I appreciate the system. store those sites. The subcommittee has information the gentleman from Penn- Other Members can testify to the impor- worked hard to encourage the Department to sylvania [Mr. MCDADE] provides. tance of these projects to the infrastructure in be more efficient and effective, and Secretary Mr. DICKS. Mr. Speaker, reclaiming their own regions which the Nation depends PenÄa has been highly responsive to this con- my time, I would take the remaining upon for interstate commerce and sustained cern. time to thank the chairman and rank- economic development. In short, this is a balanced bill, but one that ing member for all the help for our I also want to particularly highlight a new should have the support of every Member and State. We have many important program in our bill that has been generously the administration as well. I ask that we sup- projects, and they have done an out- fundedÐthe Calfed initiative for San Fran- port the work of our committee and the work standing job. We strongly support the cisco-Sacramento Bay-Delta. The Bay-Delta is of the House-Senate conference with a ``yes'' bill. a source of drinking water for 20 million peo- vote. Mr. FAZIO of California. Mr. Speak- ple and irrigation water for over 200 cropsÐ45 Mr. Speaker, if appropriate at this er, I yield as much time as she may percent of the Nation's produce. time, I would place my remarks in the consume to the gentlewoman from H8178 CONGRESSIONAL RECORD — HOUSE September 30, 1997

Connecticut [Ms. DELAURO] for pur- Mr. SKAGGS. I yield to the gen- ing a plan to clean up the site. They poses of a colloquy. tleman from Pennsylvania. are concerned that the administration Ms. DELAURO. Mr. Speaker, I rise to Mr. MCDADE. May I say to my of the cleanup will be moved away from engage in a colloquy with the sub- friend, the gentleman from Colorado the St. Louis area to Omaha or Kansas committee chairman. [Mr. SKAGGS], his understanding is ab- City, reducing their input and influ- I would like to applaud both the gen- solutely correct. ence on the cleanup process. tleman from Pennsylvania [Mr. Mr. SKAGGS. Mr. Speaker, I thank When the Army Corps of Engineers MCDADE] and the gentleman from Cali- the gentleman from Pennsylvania. takes over the FUSRAP program, will fornia [Mr. FAZIO], the ranking mem- Mr. MCDADE. Mr. Speaker, I yield the St. Louis program be managed out ber, for the work that has been done to such time as he may consume to the of the St. Louis Corps’ office? put this bipartisan bill together. distinguished gentleman from Missouri b 1200 As my colleagues know, I have been [Mr. TALENT]. concerned about the delays in con- Mr. TALENT. Mr. Speaker, I thank Mr. MCDADE. Mr. Speaker, will the tracting out the Point Beach, Milford the chairman for yielding me the time. gentleman yield? Plain Army Corps of Engineers project. I ask the chairman of the Appropria- Mr. TALENT. I yield to the gen- This project would enlist Army Corps tions Subcommittee on Energy and tleman from Pennsylvania. of Engineers’ assistance in raising 58 Water if he would engage me in a col- Mr. MCDADE. Mr. Speaker, let me homes above flood level. The Corps of loquy regarding the transfer for a say to my friend that it is the under- Engineers is authorized to provide this FUSRAP to the Army Corps of Engi- standing of the committee that the type of assistance to communities such neers. cleanup and restoration of contami- as Milford under the Rivers and Har- Mr. Speaker, I thank the gentleman nated sites following within the pur- bors Act of 1962. from Pennsylvania [Mr. MCDADE] for view of FUSRAP will be managed and After consultation with Members of his patience in this issue. Mr. Chair- executed by the nearest civil works dis- both the authorizing and appropria- man, my district in Missouri has a trict of the Corps of Engineers which tions committees, it is my understand- major FUSRAP site which contains nu- has been designated as an improved de- ing that no further authorization and clear contamination from the Manhat- sign center for handling hazardous, no earmarked appropriation is nec- tan Project and other hazardous waste. toxic, and radioactive wastes. essary for the Corps to bid out this For 15 years, we have worked with the Local communities throughout the project. Department of Energy to clean up this country have been very involved in de- Is that the understanding of the gen- site. signing cleanup plans at FUSRAP tleman from Pennsylvania [Mr. Finally, in just the past 2 weeks, sites, and this strategy effectively MCDADE] as well? after much frustration and delay, we maintains community input in the Mr. MCDADE. Mr. Speaker, will the have come to the point where DOE has process. gentlewoman yield? begun preliminary cleanup efforts. Mr. TALENT. Mr. Speaker, I thank Ms. DELAURO. I yield to the gen- Given this recent progress, the news of the gentleman from Pennsylvania for tleman from Pennsylvania. the FUSRAP program’s transfer out of his assurances and his assistance. Mr. MCDADE. That understanding is DOE has, quite understandably, caused Mr. FAZIO of California. Mr. Speak- mine completely. er, I yield 1 minute to the gentleman Ms. DELAURO. Mr. Speaker, reclaim- a great deal of distress in the commu- from North Dakota [Mr. POMEROY], ing my time, this is good news for the nity. who has had so much influence on the people of Milford, whose homes can While we are by no means question- amount of funds for his State in this now be made safe from flooding. I ing the corps’ ability to handle the bill. thank the chairman of the authorizing FUSRAP project, we are concerned Mr. POMEROY. Mr. Speaker, I thank committee for clarification, and I that potential delays caused by the the gentleman for yielding this time to thank the ranking member. transfer will undo much of the recent Mr. FAZIO of California. Mr. Speak- progress. me. er, I yield such time as he may With site recommendations already This Chamber at its best moments consume to the gentleman from Colo- made, feasibility studies concluded, represents their work on a bipartisan basis of Members coming together to rado [Mr. SKAGGS] for purposes of a col- and contracts let, it is important that loquy as well. the corps honor the preliminary address problems, problems that really Mr. SKAGGS. Mr. Speaker, I thank groundwork laid by DOE in order to mean something to the people who are the gentleman from California [Mr. avoid any further delays. struggling with them. In representing FAZIO] for yielding me the time. Will the corps be willing to respect the State of North Dakota, I would I need to ask the chairman’s assist- these studies, site plans, and con- wager to say that the population I rep- ance in clarifying one aspect of the tracts? resent per capita has more, and veri- conference report. Section 304 of the Mr. McDADE. Mr. Speaker, will the fied, water problems than any other conference report says that DOE can- gentleman yield? State in the entire country. not use funds from other accounts to Mr. TALENT. I yield to the gen- I rise to express particular personal augment the funds provided for ‘‘sever- tleman from Pennsylvania. gratitude to the chairman, to the ance payments and other benefits and Mr. MCDADE. Mr. Speaker, let me chairman’s staff, to the ranking mem- community assistance grants author- say to my distinguished colleague from ber, and the ranking member’s staff for ized under section 3161’’ of the 1993 De- Missouri, Mr. TALENT, that the com- all of the patience and time they have fense Authorization Act. mittee fully intends that the feasibil- spent with me in understanding our As the author of section 3161, I am ity studies and the site recommenda- problems and in crafting a bill that re- aware that severance payments and tions prepared by the DOE will be ac- sponds in a meaningful way to those other payments are authorized under cepted and carried out by the Corps of problems. it. I am also aware that sometimes Engineers. Mr. Speaker, we did not get every- DOE makes severance payments in Furthermore, may I say to my friend thing we wanted. Certainly some of the order to comply with other contract that the Energy and Water Develop- funding limits and some of the limiting provisions. ment Conference Report for fiscal year language we would have liked to have Am I right, Mr. Chairman, that sec- 1998 specifically contains language re- had something different. But in bal- tion 304 should be understood as not in- quiring the Corps to honor all existing ance, I mean it, this really is a respon- tending to restrict DOE’s ability to ful- contracts. sive and meaningful effort to help the fill such contractual requirements but Mr. TALENT. Mr. Speaker, reclaim- people of North Dakota with the prob- merely sets a ceiling on payments not ing my time, I thank the gentleman lems that presently plague them. I am required by contract but made under from Pennsylvania [Mr. MCDADE] for very, very grateful for this effort and 3161? his concern. have enjoyed working with my col- Mr. MCDADE. Mr. Speaker, will the One further issue: The local commu- leagues in this regard. I urge support gentleman yield? nity has been very involved in design- for the bill. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8179 Mr. FAZIO of California. Mr. Speak- I also want to express my thanks to to fund worker separations that are due to er, I yield 1 minute to the gentleman the ranking member, the gentleman business and efficiency decisions. I believe from West Virginia [Mr. WISE], a mem- from California [Mr. FAZIO]. Mr. FAZIO this will be a tremendous benefit to the envi- ber of the authorizing committee, who has again been also a strong contribu- ronmental management program, who has worked so hard for his State and is so tor to bringing about some collegiality, been required to bear the cost of the more influential in this bill. some understanding, and it really has than $500 million spent thus far on these Mr. WISE. Mr. Speaker, I want to been a bipartisan effort. types of separations. This bill provides more thank the gentleman from Pennsylva- I would be remiss if I did not also than enough funds to protect this narrow class nia [Mr. MCDADE] and the ranking thank the staff. They have all been of workers, displaced from current defense member, the gentleman from Califor- monumentally resourceful about this missions of the Department, who are the often nia [Mr. FAZIO], and rise in strong sup- whole thing in bringing about closure unrecognized heroes of the cold war. port of this conference report. on some very, very difficult points that However, the enormous task of cleaning up Very important in this legislation is we have brought to closure in a way the former nuclear defense facilities has been language including $1.8 million for the that I think benefits everybody. estimated to cost over $200 billion. Far too Marment Locks, and the action of the Mr. Speaker, I will have my state- many dollars have been diverted away from gentleman from Pennsylvania [Mr. ment, which is a longer version in sup- the primary missions at these sitesÐto clean MCDADE] and the ranking member, the port of H.R. 2203, included in the appro- the environment. This bill protects those work- gentleman from California [Mr. FAZIO], priate place in the CONGRESSIONAL ers who may be displaced due to the end of begin to end a lot of uncertainty for 200 RECORD. the cold war, but it also protects the workers families in the affected Belle area, in I rise in strong support of this conference re- and nearby communities by keeping the clean- the affected construction area of the port. I want to reexpress my appreciation to up dollars focused on cleanup. Marment Locks. Chairman MCDADE and Ranking Member Since its inception, more than 37,000 work- ers at Department of Energy sites across the The conference report also provides FAZIO for their efforts and assistance with this money for the Appalachian Regional bill. I also want to give a big thanks to the En- Nation have benefited from the worker transi- Commission which is crucial to Appa- ergy and Water Subcommittee staff who were tion program. In fact, since that time, Con- lachia, and I would like to make a trib- always ready and able to assist me and my gress has spent over $650 million providing very generous severance packages to workers ute at this point, and I would like to staff on this bill. take a moment to pay tribute to one of H.R. 2203 includes several very important displaced from the former nuclear weapons its adopted sons, Michael Wenger, the reforms that should have a dramatic impact on production sites. Of this, it is estimated that at Appalachian Regional Commission’s accelerating the environmental management least $500 million have been taken from mis- State representative. cleanup of the Department of Energy and sion-related funds of the environmental man- Mike has a long and distinguished moving the Department forward after years of agement program to fund separation benefits history with the ARC beginning 20 too little progress. Among the reforms are a to workers, all of whom are being displaced years ago when, under then Governor funding mechanism to bring closure to the not because of a current change in defense Rockefeller, he served as the West Vir- Rocky Flats site and the Ferndale site; trans- mission but because of business and effi- ginia Governor’s alternate to the ARC. ferring FUSRAP to the Corps of Engineers, ciency decisions of their employers. Further, He ably represented West Virginia in who have been successfully completing similar an additional $168 million has been provided that role. Four years later, he began low level cleanup programs for the Depart- to communities surrounding former nuclear representing all 13 States of Appa- ment of Defense; and stopping the flow of weapons production sites for economic devel- lachia as the State’s Washington rep- funding away from the mission-related work of opment activities. resentative to the ARC. In this capac- It's been 6 years since we won the cold war the environmental management program to ity, Mike has spent many years work- and ceased nuclear weapons production. Most pay for separation benefits for workers who ing with local development districts, of these production sites have moved on to are displaced because of efficiency decisions States’ alternates, and Members of new missions and to cleaning up the legacy of their employers. And, although not related Congress, defending the agency and its waste. Most of those who worked during the to DOE, this bill contains another very impor- priorities through the 1980’s and into production era left these sites long ago or are tant reformÐthe end of TVA appropriated the 1990’s. He has provided the States’ protected under a seniority system of employ- good perspective in discussions of com- funding after fiscal year 1998. ment. Mr. Speaker, I want to be clear about our mission programs and ensured that the This bill says that it is no longer reasonable resolve on the Department's efforts to acceler- Nation keeps its commitments to the or sustainable to provide extraordinary bene- ate cleanup. We support the vision brought people of Appalachia. fits, to those who do not meet the original in- I am going to miss Mike’s detailed forth by the Department but we were very dis- tent of section 3161 of the 1993 Defense Au- knowledge of the ARC’s history, its couraged in June with the 10-year planÐAc- thorization Act. The $61 million provided for politics, and its policy. I wish Mike celerating Cleanup: Focus on 2006, Discus- worker and community transition is more than well in his new role as deputy director sion DraftÐthat was brought forth. After a enough to fund all cold war warriors who still of the President’s Advisory Board on year of preparation, the result appeared to be work for a current or former nuclear facility Race Relations. A job well done. nothing more than a top-level framework to and who would like to voluntarily separate dur- Mr. McDADE. Mr. Speaker, I yield begin the planning process. it was a document ing the next fiscal year. Frankly, I believe it is such time as he may consume to the not supported by the details or by what could time to move toward giving the contractors very distinguished gentleman from be realistically achieved. With this in mind, it more autonomyÐthose companies who are Michigan [Mr. KNOLLENBERG], an able is essential that DOE bring forth with next cleaning up the environmental management member of the subcommittee. year's budget request, a detailed and defen- sites should manage and right-size their own Mr. KNOLLENBERG. Mr. Speaker, I sible closure plan, based on aggressive but work force without Federal subsidies. thank the gentleman for yielding this realistic estimatesÐthat is, budget quality Additionally, I would tell you that this pro- time to me. The gentleman from Penn- dataÐof the most that can be completed and gram has been plagued by mismanagement sylvania [Mr. MCDADE] has done, I closed out within the 10-year timeframe. I and by questionable practices. The General think, an extraordinary job, and I rise strongly believe that this vision can be accom- Accounting Office has reported that individuals in strong support of this conference re- plished by doing more sooner rather than received extraordinary severance packages, in port. later, by substantial mortgage and risk reduc- some cases in excess of $90,000 per person. I could express my appreciation to tion, and by leveraging technology. As I've Further, many of the workers receiving Fed- the gentleman from Pennsylvania [Mr. said many times before, it's time to get on with eral assistance were hired in the years after MCDADE] in many ways, but I think he it. the end of the cold war. Finally, the program has shepherded through not just an ex- One provision I worked with the committee has been criticized for providing benefits to traordinary bill but, frankly, some- to have included in H.R. 2203 is bill and report terminate positions that were later refilled or thing that I think is a credit to the language under the Worker and Community rehired at added cost to the Government. gentleman, to the man, and it is not an Transition Program authorized under section As I said before, the Department of Energy easy job, as everybody knows, to per- 3161 of the 1993 National Defense Authoriza- has provided over $168 million in economic form this so-called miracle, if my col- tion Act. This year's appropriation stops the assistance to the local communities surround- leagues will. flow of funding from mission accomplishment ing DOE defense nuclear sites. Not only do I H8180 CONGRESSIONAL RECORD — HOUSE September 30, 1997 believe that this is not a proper allocation of debate, in the close vote we had here fiscal year 1998 Energy and Water Ap- Federal dollars, but I believe that these dollars on the floor of the House, was, no, we propriations conference report. I want have not yielded the desired results. are going to develop an alternative to thank the chairman, the gentleman Take the Savannah River site in South that is cost effective and environ- from Pennsylvania [Mr. MCDADE], the Carolina as an exampleÐ3 years ago, the mentally responsible. ranking member, the gentleman from South Carolina Regional Diversification Initia- So I would like to suggest that per- California [Mr. FAZIO], as well as my tive was set up as an economic development haps the drafting of the report is such colleague, the gentleman from Texas initiative to help offset layoffs at the former de- that there could be a problem in deal- [Mr. EDWARDS], who has done a lot of fense plant. According to newspaper report, ing with the Bureau of Reclamation work on behalf of the Harris County only 34 jobs have been created with a Federal and would want the Bureau to refer delegation. investment of $7 million. My understanding is back to the debate and the vote rather H.R. 2203 includes vital funding for that the majority of the money was spent on than looking at the report language. several flood control projects in the studies and administration. Not exactly the re- Mr. FAZIO. Mr. Speaker, I yield my- Houston, TX area. These projects in- turn on investment or track record that would self such time as I may consume. clude Sims, Brays, Clear Creek, Greens, justify additional Federal investmnent. How- Mr. Speaker, I just wanted to simply and White Oak Bayous, as well as ever, very recently, when the local community read the language in the report. It says Hunting Bayous, and provided much leaders met with the Department of Energy, the conferees directed funds previously needed protection for our communities. they were given another $4.6 million for this appropriated for the project and still I am most grateful for the commit- initiative. available, part to be used for the tee’s decision to fully fund the Sims It is time to fund this program within it's au- project and advancement of a modified Bayou project at $13 million in fiscal thorized and appropriate levelsÐto provide project from the process which meets year 1998 which will allow for speeding help to the true cold war warriorsÐbut stop di- the original intent of the settlement. up construction of this much needed verting the money away from cleanup of the So I think what we are saying here project to improve flood protection for environmental management sites. This money is, we are not restricting prior appro- an extensively developed urban area should be used to accelerate cleanup and get priations, but we are looking for the along Sims Bayou in southern Harris this show on the road. modification of the project, and the County. Mr. FAZIO. Mr. Speaker, I yield 2 money that has been prior appro- Additionally, I appreciate the com- minutes to the gentleman from Oregon priated would be available for that pur- mittee’s decision to fully fund the Har- [Mr. DEFAZIO]. pose. ris County Flood Control District’s ef- Mr. DEFAZIO. Mr. Speaker, I thank Mr. Speaker, I yield 1 minute to the forts to carry out three flood control the gentleman for yielding this time to gentleman from Texas [Mr. GREEN]. projects on Brays, Hunting, and White me. (Mr. GREEN asked and was given Oak Bayous that were authorized last I would first like to congratulate the permission to revise and extend his re- year in Public Law 104–303, the Water gentleman from Pennsylvania [Mr. marks.) Resources Development Act of 1996, for MCDADE] and the gentleman from Cali- Mr. GREEN. Mr. Speaker, like my some language that my colleague, the fornia [Mr. FAZIO] for their work on es- colleagues on both sides of the aisle, I gentleman from Texas [Mr. DELAY], sential parts of this bill that contrib- would like to rise today to thank both and I had pursued. ute to the national infrastructure and the chairman and ranking member, the This is a new direct grant program to to vital concerns of ports and other in- gentleman from Pennsylvania [Mr. the counties, and I appreciate the fact frastructure concerns in my region. MCDADE] and the gentleman from Cali- that the committee has specifically in- I would like to go back to something fornia [Mr. FAZIO], for their fairness cluded in the bill the implementation that was vigorously debated in a some- and courtesy to many Members, and of section 211(f)(6) in funding $2 million what confusing manner during the also to the only Texas Member on the for the reimbursement to the Harris original consideration of the bill, and Subcommittee on Energy and Water, County Flood Control District for that was the DeFazio-Fazio amend- my colleague, the gentleman from Brays Bayou. This is an innovative ment process regarding Animas la Texas, Mr. CHET EDWARDS, who was in- program that the Congress authorized Plata. strumental in helping this project last year, as I mentioned, and the fact Besides confusing the pronunciation begin this year. that the committee is doing this, I be- of our names, many Members were con- The Port of Houston is so important lieve, sends a message to the Corps of fused over exactly what they were vot- to many levels, not only to the Hous- Engineers to follow through with the ing on, and when I look at the report ton region, but also to the State and word of the bill and the language in from the committee, I think it is not outlining our Nation. More than 5,535 that, and I appreciate the members of quite on target if one refers back to the vessels navigate the channel. It is the the subcommittee for doing that. debate and would like to make that eighth largest port in the world, and Mr. Speaker, I am also pleased that point here today. with this startup money for the 45-foot this legislation provides $20 million to The key point in the debate made depth and the 520-feet widening, it is so begin construction to the Houston Ship with the Fazio amendment to the important to be competitive in this Channel expansion project which was DeFazio amendment was that we were day and time. In fact, yesterday’s Jour- also authorized in the word of the bill. funding a process, the Romer- nal of Commerce talked about the im- What is particularly important about Schoettler process, to go forward and portance of ports being at least 45 feet this is not the fact that it is more than come up with a new proposal, all sides in depth. what was in the original request or the having admitted that the original Again, I would like to thank the Senate request, although that is impor- Animas La Plata project was not af- chairman and the ranking member and tant, but also what is important is that fordable and was not going to go for- the staff working on this and appre- it directs the Corps to move forward ward in its entirety. ciate the first money for the startup and implement a project cooperation Yet the report urges that the Corps here, and we will be back again agreement for the entire project. Had of Engineers or Bureau of Reclamation Mr. FAZIO of California. Mr. Speak- that not been done, there was some go ahead with great dispatch in terms er, I yield such time as he may question, based upon the administra- of beginning parts which were proved consume to another gentleman from tion’s original request, whether or not under the Endangered Species Act Houston, TX, Mr. BENTSEN. both Houston and Galveston authori- should be constructed without delay. I (Mr. BENTSEN asked and was given ties would be included in that. think that contradicts the debate we permission to revise and extend his re- I appreciate the committee for doing had here on the floor. Later on it does marks.) that, and in addition, by putting in the mention the Romer-Schoettler process Mr. BENTSEN. Mr. Speaker, I thank funding level and working with the and working toward a compromise. my colleague from California, Mr. Corps of Engineers, they ensured that I think it would be a great mistake if FAZIO for yielding this time to me. the project will meet the 4-year time construction went forward at this First of all, let me tell my colleagues line which is critical to its implemen- point in time when the emphasis in the I rise in strong support of H.R. 2203, the tation in the economic basis. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8181 Mr. FAZIO of California. Mr. Speak- that will improve aquatic ecosystems use combatting the threat of flooding, promot- er, I yield such time as he may such as the San Francisco Bay delta. ing the preservation of wetlands, dealing with consume to the gentleman from Cali- I would ask the distinguished rank- shoreline erosion and maintaining harbors. fornia [Mr. MILLER]. ing Democrat to clarify my under- With all the flooding the Chicagoland has (Mr. MILLER of California asked and standing that the conference commit- suffered in recent years, this assistance could was given permission to revise and ex- tee agreement allows the Corps of En- not come at a better time. That being the tend his remarks.) gineers to work with the East Bay Mu- case, I want to express my particular thanks to Mr. MILLER of California. Mr. nicipal Utility District and the State the chairman of the Appropriations Committee, Speaker, I thank the gentleman for his of California on this project. to the chairman of its Energy and Water De- work on this bill and the committee’s Mr. FAZIO of California. Mr. Speak- velopment Subcommittee, and to the con- work. er, will the gentlewoman yield? ferees on H.R. 2203 for their support of such I rise in support of H.R. 2203, making ap- Mrs. TAUSCHER. I yield to the gen- Chicago area projects as the Des Plaines propriations for energy and water development tleman from California. River Wetlands Demonstration Project and the for fiscal year 1998. Mr. FAZIO of California. Mr. Speak- Fox River Floodgate Installation Project. Not This conference report provides funds for er, I would be happy to answer the gen- only do I appreciate it but I am sure many oth- critical flood control and navigation projects in tlewoman’s inquiry. She is correct that ers, who want to get a good return on the tax Contra Costa County and the San Francisco the agreements permit the Corps of En- dollars they invest in our government, will as Bay area of California. Also included is $1.5 gineers to participate at the site of the well. million to begin construction of fish screens for Penn Mine. Mr. PACKARD. Mr. Speaker, I would like to the Contra Costa Water District's intake at The conference agreement provides take this opportunity to personally congratulate Rock Slough. The screens are needed to re- that the Corps of Engineers shall have Chairman JOE MCDADE and ranking member duce the number of fish drawn into the sys- $6 million to support eligible projects VIC FAZIO for crafting a bill that recognizes the tem's pumping and storage facilities. Securing which include that Penn Mine site as vital energy and water needs of California the funding is critical not only as part of fishery well as others. I would encourage the while maintaining the needed funding levels protection efforts but also to ensure that the Corps to make available necessary required for the balanced budget agreement. district's Los Vaqueros Reservoir will be com- funds for this project. Despite fiscal constraints, my colleagues pleted on schedule. I appreciate the commit- Mrs. TAUSCHER. Mr. Speaker, I and I were able to secure funding for a variety tee's continued support for these projects. thank the gentleman for his clarifica- of projects designed to help alleviate southern I am particularly pleased that the conference tion on this important environmental California's continual water problems including report provides $85 million to fund the initial issue. needed construction funding, flood control pro- share of Federal participation in the bay-delta Mr. FAZIO of California. Mr. Speak- grams, beach erosion studies and financial programs authorized last fall in the California er, having no further requests for time, support of operation and maintenance for Bay-Delta Environmental Enhancement and I yield back the balance of my time. navigation. Mr. Speaker, I was very pleased to see that Water Security Act. Funding the bay-delta pro- Mr. CRANE. Mr. Speaker, I just wanted to several projects that will greatly assist my con- grams will allow us to begin a comprehensive take this opportunity to express my support for stituents received adequate levels of funding. effort to restore the many components of this the conference report on H.R. 2203, the En- Key projects that directly impact my district in- huge area that have been damaged by human ergy and Water Appropriations bill for fiscal clude the Oceanside Harbor Maintenance and activity. year 1998. Operation Dredging program. Although it was The bill also contains a prohibition on taking While I would have preferred the version of not included in the President's budget request, steps to build the San Luis drain, a huge canal H.R. 2203 that was passed by the House in we were able to secure $900,000 in funding that would convey contaminated agricultural July, this bill has much to be said for it. Not for this important project. This project is seen waste water up to the Sacramento-San Joa- only does it keep spending within 1 percent of as critical to the military, industrial and rec- quin Delta, where it would be discharged. I last year's level, but it helps address a long- reational communities that rely on Oceanside firmly believe that this drain should not be standing inequity that the distinguished chair- man of the Rules Committee reminded us of Harbor. built, as it would allow the export of toxic pol- The Santa Ana River Mainstem Flood Con- in a Dear Colleague distributed to all Members lution to the delta. trol Project is another project that is of fun- on August 28 of this year. In addition, the bill contains $100,000 to damental importance to the citizens of the Attached to that Dear Colleague was a chart begin studying the removal of underwater rock 48th District and its surrounding communities. prepared by the Tax Foundation of Washing- formations near the mouth of San Francisco The funding provided will prove both important ton D.C. Entitled ``Federal Tax Burden by Bay that threaten oil tankers and other deep- and essential for all three of my countiesÐ State,'' that chart compared all the taxes paid draft vessels. This funding will be used to as- Riverside, Orange and San Diego. sess the benefits of oil spill avoidance and im- by each state to the federal government in Mr. Speaker, let me once again commend proved navigation relative to the cost of the 1996 to the total amount spend by Uncle Sam the fine work of Chairman MCDADE and Mr. project. on those states in that year. Its figures are in- FAZIO for their fine work on the Energy and I thank the conferees for their hard work on deed interesting, reaffirming what those of us Water Appropriations Bill for FY 1998. Their this legislation, and I urge my colleagues to from the great state of Illinois have known for hard work and dedication not only insured that support H.R. 2203. a long time. Our state continues to be one of critical projects received needed funding, but Mr. FAZIO of California. Mr. Speak- the biggest of all donor states, only getting 73 that they did so within the framework of a bal- er, I yield such time as she may cents back for every federal tax dollar it sent anced budget. consume to the gentlewoman from to Washington last year. Mr. LIPINSKI. Mr. Speaker, I rise in support California [Mrs. TAUSCHER] for a col- Mr. Speaker, according to the Tax Founda- of the Conference Report on the FY 1998 En- loquy. tion's figures, only two other states in the ergy and Water Development Appropriations Mrs. TAUSCHER. Mr. Speaker, I country have a lower ratio of taxes paid to dol- bill. This legislation is very important in that it thank the gentleman for yielding this lars returned than does Illinois. Therefore, it is funds a number of vitally important flood con- time to me. important for a bill like this not to forget the trol projects across the nation. I thank Chair- Mr. Speaker, I rise in support of H.R. needs of the Prairie State and this bill does man MCDADE, the ranking Democrat, Mr. 2203. This spending bill makes a num- not. Not only does the conference report on FAZIO, and the other conferees on all the hard ber of important commitments to im- H.R. 2203 provide needed moneys for two work they put into crafting this important of prove our environment, and I want to projects in which I have a particular interestÐ legislation. In particular, I would especially like also congratulate the gentleman from the internationally recognized Des Plaines to thank them for funding two Army Corps California [Mr. FAZIO] and the distin- River Wetlands Demonstration Project flood control projects in my district. guished chairman of the subcommittee, [DPRWDP] and the Fox River Floodgate In- This legislation provides $250,000 for a fea- the gentleman from Pennsylvania [Mr. stallation Project [FRFIP]Ðbut it also funds at sibility study of Stoney Creek and $200,000 MCDADE], for their leadership in this least 10 other water-related projects that will for a study of Tinley Creek. I strongly believe effort. benefit Chicago and some of the suburbs to that this is a prudent allocation of federal Mr. Speaker, H.R. 2203 also includes the north and west. As a result, over $20 mil- funds. Funding the feasibility studies for these language that will allow the Corps of lion will be coming back to the Chicago area Army Corps projects is an important step in Engineers to participate in projects this coming fiscal year that will be put to good eliminating the flooding problems. H8182 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The flooding problems attributable to these this year, I toured the State Port Authority at tional $3.5 Million bringing the total funding for creeks affect a number of communities in my Wilmington, NC with local and federal elected the project to $13 Million. district: Oak Lawn, Crestwood, Alsip, and the officials. Congressman VIC FAZIO joined us, Mr. Speaker, the Sims Bayou Project is a unincorporated Bluecrest subdivision of Worth and I thank him for that. project that stretches through my district. Over Township. I have visited these communities in The Port of Wilmington has historically the course of recent years, the Sims Bayou the aftermath of heavy rains and flooding, and served as one of the greatest sources of reve- has seen massive amounts of flooding. Citi- I have seen firsthand the structural damages nue along the East Coast. While generating zens in my congressional district, have been caused by the floods. It is estimated that aver- over $300 million in state and local taxes, the flooded out of their homes, and their lives age annual damages resulting from these port creates over 80,000 jobs. have been disrupted. In 1994, 759 homes floods total over one million dollars, and this Along with North Carolina, many of the land- were flooded as a result of the overflow from does not even begin to take into account all of locked states of the South East have used the the Sims Bayou. That is 759 families that were the heartache and grief experienced by the Port of Wilmington, and the Cape Fear River, forced to leave their homes. residents of the affected communities. as a conduit to the Atlantic Ocean and the rest I mainly support the conference report, Mr. Mr. Speaker, I urge my colleagues to sup- of the world. The Cape Fear River has always Speaker, because the subcommittee has ear- port this measure. We need to pass this im- been a vital resource for American overseas marked in this bill $13 million for the construc- portant piece legislation to bring much needed shipping. tion and improvement of the Sims Bayou funds for communities that live under the con- The maximum water level is at an approxi- project that will soon be underway by the stant threat of floods. mate depth of 38 feet, which is too shallow to Army Corps of Engineers. I would like to thank Mr. WELDON of Florida. Mr. Speaker, I rise accommodate the girth and weight of the larg- the Army Corps of Engineers for their co- in strong support of the conference report and er commercial shipping vessels, which can operation in bringing relief to the people of the want to thank Chairman MCDADE and Ranking carry more than 100 tons of goods, the kind 18th Congressional District in order to avoid Member FAZIO for their hard work. I know they of which are now being used. There is a plan dangerous flooding. The Subcommittee on En- had a difficult task balancing hundreds of re- to increase the draft space by four feet. This ergy and Water Development added an addi- quests. would allow the new, larger, vessels to use tional $3.5 million for the construction of this It is important to note the importance and the Cape Fear River, as well as the Port of Sims Bayou project and it remains in this con- priority the Congress has again placed on fed- Wilmington, at an extremely faster rate than at ference report. I am quite certain, Mr. Speak- eral beach renourishment projects. As a mem- the present time. er, that this project would not have been able ber of the Coastal Caucus I believe it is critical In the past, there have been three separate to go forward if this additional money would that we pass this important legislation. plans to improve the conditions of the Cape not have been granted by the Subcommittee. As the chairman is aware, we have experi- Fear River: widening the channel; deepening For that I have to thank Chairman McDade, enced unprecedented erosion along the the river upstream of the Cape Fear Memorial Ranking Member Fazio, and my friends and beaches in Brevard and Indian River counties Bridge; deepening the remainder of the river. colleagues Chet Edwards, and Mike Parker in Florida. These beaches are not only impor- The three proposals were considered individ- who sit on the Appropriations Committee. However, Mr. Speaker, I would like to call tant for our tourism industry, but they are ually, thereby financed separately. As distinct on the Army Corps of Engineers to do every- home to the largest concentration of endan- and separate projects, they would be far more thing that they can to accelerate the comple- gered sea turtle nests along our Nation's At- costly and time consuming than necessary. tion of this project. The project will now extend lantic coast. The failure to move forward with Consolidating these three proposals into a sin- to Martin Luther King and Airport Boulevards, these beach renourishment efforts will con- gle plan, results in the entire process costing and Mykaw to Cullen Boulevard. This is flood- tinue erosion of this critical habitat. considerably less time and money, and could ing that can be remedied and the project must Most of the erosion in Brevard County is di- be enacted with a heightened level of effi- be completed before the expected date of rectly attributable to the construction of the ciency. 2006. While I applaud the Army Corps of En- Canaveral Inlet by the Federal Government in The Port of Wilmington is at a prime loca- gineers for their cooperation, this is unaccept- the 1950's. Since that time homes and infra- tion for the overseas shipping of goods. Along able for the people in my congressional district structure that once stood 400 yards from the with accommodating special purpose who are suffering. They need relief and I know breaking waves are now at the water's edge. subzones, Wilmington can lower, defer, or that they can not wait until the expected com- avoid import duties. There is a 117,000 square Indeed, study after study has shown that the pletion date of 2006. This must be done and foot heated on-dock warehouse, which is inlet has acted as a barrier and has stopped I will work with the Army Corps of Engineers equipped with portable fumigation tents. There sand from flowing to the beaches south of the and local officials to ensure that this is done. is also nearly one-half million square feet of inlet. I urge my colleagues to vote yes on this con- More than 300 residents of Brevard County warehouse space dedicated to forest products. ference report. whose property is in danger of falling into the The larger vessels that would be permitted Mrs. ROUKEMA. Mr. Speaker, I rise in Atlantic have filed suit against the federal gov- to use the Cape Fear River, as a result of the strong support of this important legislation and ernment. This has the potential of costing the deepening and widening of the channel, pos- want to take this opportunity to thank Chair- federal government hundreds of millions of sess a far greater load capacity. The in- man MCDADE for his continued support for the dollars. The conference report before us creased speed and efficiency with which the Ramapo River at Oakland Flood project. moves forward with the Brevard County Storm new ships could travel the Cape Fear River This has been a long and hard-fought battle. Damage Prevention project and will help the would be a strong benefit for all manufactur- And it has been a cooperative effort with U.S. government avoid several hundred million ers, transporters, distributors, and purchasers Mayor Peter Kendall and the Oakland Council dollars in liability. of any of the goods shipped on vessels com- and State Senator McNamara and Assembly- The project doesn't propose putting the ing to or from the Port of Wilmington. men Felice and Russo all working effectively. beach back like it was. It would create a 50 Following the tour, as part of the Energy With the funds included in this bill, we can fi- foot buffer to protect properties and rectify and Water Development Appropriations Bill, nally make this project a reality for my con- some of the damage caused by the federal the Subcommittee on Energy and Water did stituents in Oakland. This is government doing inlet. pass a provision that embraces the consolida- what government should doÐputting tax- Additionally, I am pleased that the Commit- tion, funds the first year effort and commits to payers to work helping real people with real tee has included $500,000 that I requested for funding the full project. problems. environmental restoration efforts along the In- Ms. JACKSON-LEE of Texas. Mr. Speaker, Flooding along the Ramapo River has oc- dian River Lagoon. This funding will help us I rise in support of H.R. 2203, the Energy and curred 15 times in the past 24 years. The 330 move forward with the C±1 rediversion project Water Development Appropriations for fiscal families that live along the 3.3-mile stretch which will help us reduce the flow of fresh year 1998. I support this bill mainly because it cannot continue to endure the repeated hard- water and sediment into this Estuary of Na- provides $413 million which is (39 percent) ship and personal turmoil that the flood waters tional Significance. This will improve the health more for the Army Corps of Engineers con- bring. of the lagoon and benefit the manatee and the struction programs than requested by the Ad- The principal problems along the Ramapo lagoon aquiculture industry. ministration. The Administration originally re- River are flooding caused by the backwater ef- I thank the Chairman and the conferees for quested $9.5 million for the construction of the fect produced by the Pompton Lake Dam, the their support of these projects. Sims Bayou Project in Houston, Texas. hydraulic constrictions produced by bridges Mrs. CLAYTON. Mr. Speaker, I rise in sup- The Subcommittee on Energy and Water crossing the river, and insufficient channel ca- port of the Conference Report. On June 30 of Development specifically earmarked an addi- pacity. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8183 The project is now ready to move into the involves activities to clean up hazardous, John Miller (FL) Sessions Johnson (CT) Minge Shadegg construction stage. The overall cost of the toxic, and radioactive wastes. I would also Johnson (WI) Mink Shaw project through construction is estimated at note that the statement of managers provides Johnson, E. B. Moakley Sherman $12.2 million. This cost is shared by the Fed- that ``overall program management, schedule Johnson, Sam Mollohan Shimkus eral Government, 75 percent, and the State, and resource priority setting and principal Jones Moran (KS) Shuster Kanjorski Moran (VA) Sisisky 25 percent. point of contact responsibilities for FUSRAP Kaptur Morella Skaggs The $2.5 million included in this bill will are to be handled as part of, and integrally Kasich Murtha Skeen allow construction to advance by 1 year and with, the overall civil works program of the Kelly Myrick Skelton Kennedy (MA) Nadler Slaughter substantially complete the first piece of the corps.'' Kennedy (RI) Neal Smith (MI) project. The completion of the first piece, the H.R. 2203 is a good bill and I urge my col- Kennelly Nethercutt Smith (NJ) channel widening, would provide immediate leagues to support it. Kildee Ney Smith (TX) flood reduction benefits to Oakland. Kilpatrick Northup Smith, Adam Kim Norwood Smith, Linda Flood protection is about more than money. b 1215 Kind (WI) Nussle Snowbarger The emotional price of being forced from your King (NY) Oberstar Snyder home by raging flood waters and returning Mr. MCDADE. Mr. Speaker, I have no Kingston Obey Solomon only to find your most prized possessions ru- further requests for time, I yield back Klink Olver Souder Knollenberg Ortiz Spence ined with mud and water goes far beyond the the balance of my time, and I move the previous question on the conference re- Kolbe Owens Spratt economic price. Kucinich Oxley Stabenow On behalf of those families who have en- port. LaFalce Packard Stark dured these floods I support this appropriation The previous question was ordered. LaHood Pappas Stearns The SPEAKER pro tempore [Mr. Lampson Parker Stenholm and thank Chairman MCDADE and Congress- Lantos Pascrell Stokes man FRELINGHUYSEN. NEY]. The question is on the conference Largent Pastor Strickland Mr. SHUSTER. Mr. Speaker, I rise in sup- report. Latham Paxon Stump Pursuant to clause 7 of rule XV, the LaTourette Payne Stupak port of H.R. 2203, the Energy and Water De- Lazio Pease Talent velopment Appropriations Act for fiscal year yeas and nays are ordered. Leach Pelosi Tanner 1998. This bill provides needed funding for the The vote was taken by electronic de- Levin Peterson (MN) Tauscher Nation's water resources infrastructure through vice, and there were—yeas 404, nays 17, Lewis (CA) Peterson (PA) Tauzin not voting 12, as follows: Lewis (GA) Pickering Taylor (MS) such agencies as the Army Corps of Engi- Lewis (KY) Pitts Taylor (NC) neers. [Roll No 468] Linder Pombo Thomas H.R. 2203 includes funding for many of the YEAS—404 Lipinski Pomeroy Thompson Livingston Porter Thornberry critically needed Flood Control and Navigation Abercrombie Clay Fowler LoBiondo Portman Thune Infrastructure projects that were contained in Ackerman Clement Fox Lofgren Poshard Thurman the Water Resources Development Act of Aderholt Clyburn Frank (MA) Lowey Price (NC) Tiahrt Allen Coble Franks (NJ) 1996. Lucas Pryce (OH) Tierney Andrews Coburn Frelinghuysen Luther Quinn Torres I would like to thank my colleague from Archer Collins Frost Maloney (CT) Radanovich Towns Pennsylvania, Mr. MCDADE, for his leadership Armey Combest Furse Maloney (NY) Rahall Traficant and cooperation and for clarifying several pro- Bachus Condit Gallegly Manton Rangel Turner Baesler Conyers Ganske visions in the Senate bill within the jurisdiction Manzullo Redmond Upton Baker Cook Gejdenson Markey Regula Velazquez of the Transportation and Infrastructure Com- Baldacci Cooksey Gekas Martinez Reyes Vento mittee. While in a perfect world there would be Ballenger Costello Gephardt Mascara Riggs Visclosky no authorizing language at all in an appropria- Barcia Coyne Gilchrest Matsui Riley Walsh Barr Cramer Gillmor McCarthy (MO) Rivers Wamp tions bill, most of the authorizing provisions Barrett (NE) Crane Gilman McCarthy (NY) Rodriguez Waters contained in this legislation have taken into Barrett (WI) Crapo Goode McCollum Roemer Watkins account concerns of the authorizing commit- Bartlett Cubin Goodlatte McCrery Rogan Watt (NC) Barton Cummings Goodling tee. For example, the conferees have signifi- McDade Rogers Watts (OK) Bass Cunningham Gordon McDermott Rohrabacher Waxman cantly limited the scope of the Senate provi- Bateman Danner Goss McGovern Ros-Lehtinen Weldon (FL) sion regarding environmental infrastructure to Becerra Davis (FL) Graham McHale Roukema Weldon (PA) take our concerns into account. Bentsen Davis (IL) Granger McHugh Roybal-Allard Weller Bereuter Davis (VA) Green McInnis Rush Wexler The conference report also includes provi- Berman DeFazio Greenwood McIntosh Ryun Weygand sions on Devils Lake, ND, addressing the Berry DeGette Gutierrez McIntyre Sabo White emergency flooding conditions that continue to Bilbray Delahunt Gutknecht McKeon Salmon Whitfield Bilirakis DeLauro Hall (OH) threaten citizens, property and the environ- McKinney Sanchez Wicker Bishop DeLay Hall (TX) McNulty Sanders Wise ment. I want to assure the North Dakota dele- Blagojevich Deutsch Hamilton Meehan Sandlin Wolf gation and Governor Schafer, who have Bliley Diaz-Balart Hansen Meek Sawyer Woolsey worked tirelessly on this issue, that we will Blumenauer Dickey Harman Menendez Scarborough Wynn Blunt Dicks Hastert Metcalf Schaefer, Dan Yates continue to look for appropriate, long-term so- Boehlert Dingell Hastings (FL) Mica Schaffer, Bob Young (AK) lutions that help to stabilize the lake levels and Boehner Dixon Hastings (WA) Millender- Schumer Young (FL) balance the concerns of citizens within and Bonilla Doggett Hayworth McDonald Scott Bonior Dooley Hefley Miller (CA) Serrano beyond the watershed. Bono Doolittle Hefner I would also like to address provisions relat- Borski Doyle Herger NAYS—17 ing to the Tennessee Valley Authority. The Boswell Dreier Hill Campbell Kleczka Royce Boucher Duncan Hilleary Chenoweth Klug Sanford final compromise language reflects the views Boyd Dunn Hilliard of many that TVA must change. As chairman Deal Neumann Sensenbrenner Brady Edwards Hinchey Ensign Paul Shays of the authorizing committee, I expect we will Brown (FL) Ehlers Hinojosa Gibbons Petri Sununu continue our review of TVA's appropriated and Brown (OH) Ehrlich Hobson Hoekstra Ramstad Bryant Emerson Holden nonappropriated programs. Bunning Engel Hooley NOT VOTING—12 On the transfer of the formerly Utilized Re- Burr Eshoo Horn Brown (CA) English Rothman Burton Etheridge Hostettler medial Action Program [FUSRAP] to the Army Clayton Gonzalez Saxton Buyer Evans Houghton Corps of Engineers, I would simply note that Cox Pallone Schiff Callahan Everett Hoyer Dellums Pickett Smith (OR) it is not our intentÐand I have been assured Calvert Ewing Hulshof by the chairman of the House Energy and Camp Farr Hunter b Water Development Subcommittee that it is Canady Fattah Hutchinson 1235 Cannon Fawell Hyde not his intentÐto affect the jurisdiction of the Capps Fazio Inglis Mr. KLUG changed his vote from authorizing committee. For example, the Cardin Filner Istook ‘‘yea’’ to ‘‘nay.’’ Transportation and Infrastructure Committee Carson Flake Jackson (IL) So the conference report was agreed will obviously continue to exercise jurisdiction Castle Foglietta Jackson-Lee to. Chabot Foley (TX) over Corps of Engineers civil works programs, Chambliss Forbes Jefferson The result of the vote was announced including its support for others program that Christensen Ford Jenkins as above recorded. H8184 CONGRESSIONAL RECORD — HOUSE September 30, 1997 A motion to reconsider was laid on five minutes the minimum time for elec- The rule also grants the authority to the table. tronic voting on any postponed question that the chairman of the Committee of the follows another electronic vote without in- f Whole to postpone recorded votes on tervening business, provided that the mini- amendments and to reduce the voting PERSONAL EXPLANATION mum time for electronic voting on the first in any series of questions shall be fifteen time on amendments to 5 minutes, pro- Mr. ROTHMAN. Mr. Speaker, on roll- minutes. At the conclusion of consideration vided that the first vote in a series is call vote No. 468, I was unavoidably de- of the bill for amendment the Committee not less than 15 minutes. Finally, the tained in New Jersey attending funeral shall rise and report the bill to the House rule provides for one motion to recom- services for Florence Rothman. Had I with such amendments as may have been mit, with or without instructions. been present, I would have voted ‘‘yes.’’ adopted. Any Member may demand a sepa- Mr. Speaker, in requesting a rule for rate vote in the House on any amendment consideration of this legislation, the f adopted in the Committee of the Whole to the bill or to the committee amendment in chairman and ranking member of the PERSONAL EXPLANATION the nature of a substitute. The previous Committee on Banking and Financial Mr. FARR of California. Mr. Speaker, question shall be considered as ordered on Services presented a unified front in I rise for the purpose of explaining my the bill and amendments thereto to final support of this export financing organi- absence on the last vote. Mr. Speaker, passage without intervening motion except zation, praising both the goals and op- I was unavoidably absent during the one motion to recommit with or without in- erations of the Eximbank. The charter structions. last rollcall vote No. 467, the passage of of the Eximbank expires at the end of the rule on the Energy and Water Ap- The SPEAKER. The gentleman from this year, making action necessary to California [Mr. DREIER] is recognized propriations Conference Report. I was avoid a very disruptive break in its op- for one hour. in a lecture with a group of foreign erations. Mr. DREIER. Mr. Speaker, for pur- military officers who are attending the Many of my colleagues know that I poses of debate only, I yield the cus- have been a strong and vocal advocate naval postgraduate school in my dis- tomary 30 minutes to my very hard- trict, and I was unable to return to the for unfettered free trade. At the same working friend, the gentleman from time, I am not fond of export subsidies. Chamber in time for the vote. Had I South Boston, Massachusetts [Mr. been present I would have voted ‘‘aye.’’ I believe that the best thing for our MOAKLEY], who is carrying his second f economy and the economies of our rule of the day for the minority, and I trading partners around the world am sure he will do so very ably. All REAUTHORIZATION OF THE would be an end to government trade time that I will be yielding will be for EXPORT-IMPORT BANK subsidy programs like the Eximbank. debate purposes only. However, Mr. Speaker, I do not be- Mr. DREIER. Mr. Speaker, by direc- Mr. Speaker, pending that, I yield lieve in unilateral disarmament. The tion of the Committee on Rules, I call myself such time as I may consume. up House Resolution 255 and ask for its (Mr. DREIER asked and was given United States should try to eliminate immediate consideration. permission to revise and extend his re- export subsidies through a multilateral The Clerk read the resolution, as fol- marks and include extraneous matter.) agreement, the way we have tried to lows: Mr. DREIER. Mr. Speaker, this rule end shipbuilding subsidies, for exam- ple. The global trading system would H. RES. 255 provides for consideration of H.R. 1370, be better off without the distorting ef- Resolved, That at any time after the adop- legislation to reauthorize the U.S. Ex- tion of this resolution the Speaker may, pur- port-Import Bank, an organization fects of subsidies. suant to clause 1(b) of rule XXIII, declare the often referred to as the Eximbank. The I believe the American taxpayers House resolved into the Committee of the Eximbank provides the most signifi- should know that the Eximbank has Whole House on the state of the Union for cant direct U.S. government support been involved in just such efforts. The consideration of the bill (H.R. 1370) to reau- for American exporters, a subsidized bank has helped lead U.S. efforts with- thorize the Export-Import Bank of the Unit- loan rate to some foreign entities that in the Organization for Economic Co- ed States. The first reading of the bill shall buy American-made products. operation and Development, the be dispensed with. General debate shall be This is a modified closed rule provid- [OECD] to reach agreement limiting confined to the bill and shall not exceed one the export subsidies of developed coun- hour equally divided and controlled by the ing 1 hour of general debate, divided chairman and ranking minority member of equally between the chairman and tries. the Committee on Banking and Financial ranking minority member of the Com- The Eximbank’s ‘‘tied aid war chest’’ Services. After general debate the bill shall mittee on Banking and Financial Serv- has been used successfully to bring be considered for amendment under the five- ices. The rule provides for consider- down this trade-distorting practice by minute rule. It shall be in order to consider ation of the committee amendment in 75 percent since 1991. as an original bill for the purpose of amend- the nature of a substitute as an origi- b 1245 ment under the five-minute rule the amend- nal bill for purpose of amendment ment in the nature of a substitute rec- under the 5-minute rule. The rule Mr. Speaker, I believe the best near- ommended by the Committee on Banking term trade policy is served by enacting and Financial Services now printed in the waives points of order against the amendment in the nature of a sub- H.R. 1370 and extending the charter of bill. The committee amendment in the na- the Eximbank through September 30, ture of a substitute shall be considered as stitute for failure to comply with read. Points of order against the committee clause 7 of rule XVI, relating to ger- 2001. Currently, the bank helps finance amendment in the nature of a substitute for maneness. $15 billion in U.S. exports each year. failure to comply with clause 7 of rule XVI In order to provide for orderly con- We must be clear about the fact that are waived. No amendment to the committee sideration of this bipartisan legisla- the Eximbank does not entail U.S. tax- amendment in the nature of a substitute tion, the rule makes in order only payers buying products that are then shall be in order except those printed in the those amendments printed in the Com- given away overseas. This is not, I un- report of the Committee on Rules accom- mittee on Rules report. However, I derscore again, this is not, Mr. Speak- panying this resolution. Each amendment er, foreign aid. Instead, this agency may be offered only in the order printed in must note, Mr. Speaker, that the Com- the report, may be offered only by a Member mittee on Rules made in order every provides a slightly subsidized loan rate designated in the report, shall be considered germane amendment that was submit- that permits overseas buyers to pur- as read, shall be debatable for the time speci- ted to our committee in a timely fash- chase American-made products. They fied in the report equally divided and con- ion. buy the products, and they pay for the trolled by the proponent and an opponent, The amendments must be offered in products. shall not be subject to amendment, and shall the order printed in the report by the While the Eximbank is only involved not be subject to a demand for division of the Member designated, shall be considered in 2 percent of total United States question in the House or in the Committee of as read, shall be debatable for the time sales abroad, it is critical to sales in the Whole. The Chairman of the Committee of the Whole may: (1) postpone until a time specified, shall not be subject to certain big-ticket capital projects, par- during further consideration in the Commit- amendment, and shall not be subject to ticularly in developing countries in tee of the Whole a request for a recorded a division of the question in the House Asia, Latin America, Eastern Europe, vote on any amendment; and (2) reduce to or the Committee of the Whole. and the former Soviet Union. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8185 Again, Mr. Speaker, I must repeat, American companies trying to do Opponents have sometimes labeled while the nominal recipient of the business overseas have a very hard the Export-Import Bank as a corporate slightly subsidized loan is a foreign time getting insurance and export giveaway. Actually, the truth of the company or government entity, that credit in other countries. Foreign cred- matter is that the Export-Import Bank entity buys and pays for the American- it export agencies subsidize goods and facilitates the purchase of U.S. prod- made product. The American workers undercut American competitors. ucts abroad, which in turn provides are the real beneficiaries, winning the Mr. Speaker, even with the Export- jobs in the United States. jobs that go along with these major Import Bank, we still do less for our This Member doubts you will find projects. businesses than any other of our major any workers, even in one of the largest Mr. Speaker, the Committee on Rules competitors. We provide export support U.S. companies such as Boeing, who has made in order the seven germane only to 1.5 percent of our total exports. feel they are receiving welfare pay- amendments that were timely submit- France provides the same support to 20 ments when they receive their pay- ted to the committee, four offered by percent of their exports, and Japan checks at the end of a long week build- the minority, the Democrats, and three provides support for 48 percent of the ing state-of-the-art aircraft. from our side of the aisle, the Repub- goods they export. In other words, Mr. Export-Import Bank is not a give- licans. Speaker, other countries have a lot away program. It is a jobs and trade While I will not go through each easier time picking up business here program. As long as our competitors amendment, I would like to encourage than we do competing in their coun- continue to provide export assistance, the House to avoid trying to legislate tries. as the gentleman from Massachusetts foreign policy priorities on the backs of In New England, our manufacturing just indicated, and in great quantities American export workers. Kicking capacity has been declining for years. beyond what we provide, we need to American companies and their Amer- When manufacturing capacity declines, have this legislation and this agency to ican workers out of legitimate export so do manufacturing jobs. Businesses keep us competitive. markets in the name of pet foreign pol- move their operations overseas to take This Member contends that those icy goals strikes a blow against the ef- advantage of lower labor costs and who attack the Export-Import Bank as fectiveness of this job protection tool. overhead, and American workers are a wasteful government giveaway with The only winners in such situations are left holding the pink slips. little impact on international trade the foreign competitors who will step The Export-Import Bank enables us must really be living in a vacuum. If in and fill the void left by American to convince companies that they can we compare the levels of support by stay here, hire well-trained American companies. our trade competitors, we will see that Mr. Speaker, this rule deserves bipar- workers, and develop competitive prod- the United States lags far behind tisan support and this bill deserves bi- ucts. Last year, businesses in my dis- Japan, France, Canada, Germany, and partisan support. I look forward to the trict got $116 million in assistance the United Kingdom. House working its will on the amend- from the Export-Import Bank. Some of U.S. companies have realized the im- those businesses include Horizon House ments submitted to the Committee on portance of operating in a global econ- Publications, Bird Machine Co., Har- Rules with the hope that the final omy and have made it clear that if the ding and Smith Corp., which makes product is something that can be United States is not willing to help control system panels, Sea Beam De- signed into law with the purpose of en- them to play ball by providing export fense Contractors, Stone and Webster couraging job creation in this country. promotion, they will have no choice Corp., Engineering Contractors, and Mr. Speaker, I reserve the balance of but to take their production facilities State Street Bank, and many, many my time. abroad and thus their jobs and tax dol- Mr. MOAKLEY. Mr. Speaker, I yield others. Mr. Speaker, every single employee lars overseas as well. myself such time as I may consume. I As an example, one must only con- at every single one of those companies thank my colleague and dear friend, sider the recent decision by GE and who still has a job here in this country the gentleman from California [Mr. Voith Hydro to seek German and Cana- joins me, they join me in supporting DREIER], for yielding me the customary dian export assistance to facilitate the the Export-Import Bank. When these half hour. companies do well, we all do well. purchase of equipment to be used in Mr. Speaker, I rise in support of this Their success rate creates jobs here in the Three Gorges Dam project in rule. Although this bill normally the United States. I urge my colleagues China. The Clinton administration has comes to the floor under the suspen- to support this rule. determined that Export-Import Bank sion calendar, our Republican col- Mr. Speaker, I reserve the balance of participation in the Three Gorges leagues have decided to bring it to the my time. project should not be available. floor this year with a rule. Mr. DREIER. Mr. Speaker, I yield 4 Does that mean the project will not Mr. Speaker, this bill passes this minutes to the gentleman from Lin- go ahead? No. Does it mean that U.S. Congress every 2 years with strong bi- coln, NE, Mr. BERUTER, chairman of firms will not participate? No. It sim- partisan support. This year it passed the Subcommittee on Asia and the Pa- ply means that foreign subsidiaries of the Committee on Banking and Finan- cific, who will have some very, very U.S. companies will receive the assist- cial Services by voice vote. It is a good worthy advice on the amendments that ance overseas, and they will build their bill. It is a noncontroversial bill. But we will be considering. I hope my col- products there. And they will spend in order to increase debate time on for- leagues will listen to that. their money there in other countries, eign policy, which has nothing to do (Mr. BEREUTER asked and was and U.S. workers do not have jobs here. with this bill, my Republican col- given permission to revise and extend We must not unilaterally disarm our- leagues are bringing this noncontrover- his remarks.) selves in this important global econ- sial bill to the floor with a rule and en- Mr. BEREUTER. Mr. Speaker, I rise omy. dangering the bank’s authority to issue in strong support of the rule and of Therefore, this Member urges his col- new export credits which expires to- H.R. 1370, a bill to reauthorize the Ex- leagues to set aside the politically ex- morrow. port-Import Bank for 4 years. I thank pedient rhetoric of attacking Export- Mr. Speaker, the Export-Import the distinguished gentleman from Cali- Import Bank as corporate welfare and Bank levels the playing field for Amer- fornia for yielding me this time. wake up to the fact that without the ican companies. It helps American The Export-Import Bank is a crucial Export-Import Bank, the United States companies overcome export credits export promotion agency which pro- is unilaterally disarming in the global from other countries and helps make vides insurance to lenders to facilitate trade cold war. We must support U.S. American goods be affordable and ac- the purchase of U.S. products abroad; products overseas. cessible in these other countries. It is in other words, to expand our export I urge my colleagues to support the the primary way American businesses base. I appreciated the comments of rule and to support the reauthorization get credit to sell their goods overseas. the distinguished gentleman from Mas- of this 4-year extension of the Export- Mr. Speaker, that creates jobs here, sachusetts and the gentleman from Import Bank’s life and the LaFalce here at home. California [Mr. DREIER]. amendment which will soon be subject H8186 CONGRESSIONAL RECORD — HOUSE September 30, 1997 to debate as well in the Committee of I would also like to thank our major- doing it in Europe and they are doing the Whole House. ity leader, the gentleman from Texas it in Japan. And there is truth to that The LaFalce amendment, for exam- [Mr. ARMEY], for allowing this bill to argument. But there is another side to ple, will finally rename the agency to get to the floor. It is very timely. This that story, and that is that corpora- indicate what it does, and that is to legislation, the reauthorization expires tions in Japan and corporations in Eu- make it the U.S. export agency, be- today. That would be a real shame, and rope have a different ethic in many cause this agency has nothing in the it would cause great difficulty for ways. Their systems are different. world to do with imports. This is an ex- many American corporations and In Europe they have a national port arm of the American economy and American workers. health care system guaranteeing of the American Government. I speak in favor of the rule and the health care to all people. In Europe, I thank my colleague for yielding me bill. The Export-Import Bank was es- German workers make 25 percent more this time. tablished in 1934 and requires periodic than manufacturing workers do in the Mr. HALL of Ohio. Mr. Speaker, I rechartering by the Congress. As I said, United States of America. In Europe, yield 2 minutes to the gentleman from today the bill, the reauthorization, ex- in many of those countries college edu- Florida [Mr. HASTINGS]. pires so we have to act on it quickly. cation is free, not $25,000 or $30,000 a Mr. HASTINGS of Florida. Mr. This event would be unprecedented in year. In many of those countries cor- Speaker, I thank the gentleman for the Bank’s 64-year history and ex- porations pay significantly more in yielding, and I would like to associate tremely harmful to the competitive- taxes than do companies in this coun- myself with the remarks of the gen- ness of U.S. exports. The export au- try pay. tleman from California [Mr. DREIER] thority, export financing provides di- So what we have is corporations are and the gentleman from Massachusetts rect loans, loan guarantees, and insur- coming in here and saying, help us [Mr. MOAKLEY], the ranking member. ance which enables American exporters with Exim programs, we need some Some of us have some concerns with to make creditworthy sales when other help, but of course we want to pay less section 9, and the administration has sources of financing are unavailable. in taxes. We want to pay our workers expressed such, which requires the As my colleague from Florida men- lower wages. We want to move our jobs Bank to establish procedures to ensure tioned, the competitive factor is vital to Mexico or to China, but we really that firms committed to job creation in large emerging areas such as Asia, would like this form of corporate wel- and reinvestment in the United States Latin America, and the Newly Inde- fare. be given preference for receiving finan- pendent States of Eastern and central Within the Committee on Banking cial assistance. Europe. and Financial Services I have success- The Bank is dedicated to the preser- We feel the Export Bank represents fully put in an amendment which be- vation and expansion of the U.S. jobs. the best kind of performance-based gins to address some of these problems. In pursuing this goal, the Bank pro- Federal program in which modest re- Let me be very clear. If that amend- vides guarantees and loans to credit- sources enable American businesses to ment is taken out in conference com- worthy foreign buyers of U.S. goods. compete for otherwise lost markets. I mittee, I will lead the effort in this Therefore, the bank evaluates foreign urge my colleagues to support this leg- body to defeat the Exim reauthoriza- buyers, not U.S. firms. Because it is islation, to reject all weakening tion. With the amendment, I think we the foreign buyer that chooses the ex- amendments. This is a job creator. will make some progress in saying that porting company, the Bank is not in a the companies that we are supporting b 1300 position to decide if the U.S. firm has should be companies who are reinvest- made the commitment called for in the Mr. HALL of Ohio. Mr. Speaker, I ing in America, who are trying to cre- bill. yield 3 minutes to the gentleman from ate jobs in America, and are not taking Also by way of amendment, I am Vermont [Mr. SANDERS]. our jobs to China or Mexico. hopeful, and I believe the administra- Mr. SANDERS. Mr. Speaker, I thank Mr. DREIER. Mr. Speaker, I yield 6 tion would be as well, of addressing the the gentleman for yielding me this minutes to the gentleman from concerns expressed in section 5 which time. Later on in the course of the de- Surfside Beach, TX [Mr. PAUL], who is would have the effects of statutorily bate I will be talking about why I will a member of the Committee on Bank- selecting the Bank’s ethics official. support this legislation today, but let ing and Financial Services and joins This selection would undermine the ef- me just deal with some of the issues me as an outspoken proponent of unfet- fectiveness of the executive branch that my friends on the other side have tered free trade. ethics programs by eliminating one of raised which we should all be aware of (Mr. PAUL asked and was given per- its basic requirements; that is, that the when we talk about the Export-Import mission to revise and extend his re- agency head is ultimately responsible Bank. marks.) for the conduct of the agency’s employ- The fundamental issue is whether Mr. PAUL. Mr. Speaker, I thank the ees. working families in this country, who gentleman for yielding me this time, I am just back, as a member of the for many years have seen a decline in and I appreciate the characterization Committee on International Relations, their real wages, people are working of the benefits from the Export-Import from a meeting of the Organization for longer hours and are earning less, Bank as being export subsidies because Security and Cooperation in Europe. should be putting tens of millions of we are talking about subsidies. The Eximbank is most active in the big dollars in helping large multinational Generally speaking, we on this side emerging markets such as Asia, Latin corporations who over the last 15 years of the aisle are against subsidies, espe- America, Eastern Europe, and the have laid off hundreds of thousands of cially if the subsidies are for the poor Newly Independent States. I call on my American workers. That is an issue we people. I just suggest we should ques- colleagues here to be mindful that have to focus on. tion whether we should oppose sub- places like Uzbekistan, Tajikistan, or a The Boeing Co., which is the major sidies for the rich people as well. number of the Newly Independent recipient of this program, has laid off So I rise in support of the rule. There States in the Transcaucasus would ben- over 52,000 workers between 1990 and could be a better rule but, under the efit from the Eximbank, and what we 1996. General Electric, which is taking circumstance, I support the rule but I would and could do by not supporting jobs all over the world, hiring people at do not support the legislation. There it would be to unilaterally disarm and 50 cents an hour, laid off 153,000 work- are very good economic and there are allow our competitors free access to ers from 1975 to 1995. AT&T laid off very good moral reasons why programs emerging markets. 127,000 workers. Are these the compa- like this should not even exist. Mr. DREIER. Mr. Speaker, I yield 1 nies that the middle class taxpayers of I do want to take a moment to talk minute to the gentleman from Syra- this country should be supporting? I about something else I think is very cuse, NY [Mr. WALSH]. think there are real questions about important. Sometimes I think if one Mr. WALSH. Mr. Speaker, I thank that. takes themselves too seriously around my friend from California for yielding Now, some of my friends say, well, we here one would become depressed, and I me the time. need a level playing field. They are try very hard not to be depressed. But September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8187 I found something in the committee re- pass legislation like the Export-Import and others were simply stealing mar- port that I think is very, very interest- Bank. Now, this one has to catch some- kets as the American trade representa- ing. body’s interest and it has to be slightly tives and American financial institu- We have a House rule that says that humorous to somebody other than my- tions were asleep at the switch. What in the committee report on legislation, self. we had time and time again was the when it comes up, we have to explain In addition, the power to coin money Americans making a better product at which part of the Constitution justifies and regulate its value gives us the jus- a better price, but the French came in what we do here. Of course, there is tification to give subsidies to big cor- with 1-percent financing, or the Ger- legislation that is proposed that if we porations, to benefit companies over- mans came in with no-percent financ- pass the legislation it would be the law seas, to take credit from one group and ing, or the Japanese gave a kicker to and we would have to answer to that give it to another, and to steal the begin the program. antiquated document, the Constitu- money from the people through an op- Well, over the last decade we have tion. I happen to be so old-fashioned as pressive tax system in order to provide started responding. As a result of that, to believe that if we were all as serious these subsidies. And yet the justifica- we have brought back market share to about the Constitution, all we would tion is to coin money? this country, and that has indeed have to do is vote the Constitution and The Constitution still says that all helped companies. It has helped the those convictions each day and we we can do is use gold and silver as legal strength of the American dollar, I would not need rules or laws. tender. Since we do not do that, we would say to my friend from Texas, and But nevertheless I think it is inter- should have changed the Constitution. it has helped American workers. It is esting to note exactly where the con- We should do one or the other. But to not just large companies, although of- stitutional authority comes from for use the coinage clause to extend credit tentimes we need to use the threat of the Export-Import Bank. Of course, the is a stretch beyond belief. It says, Eximbank financing to back off other old standby is the general welfare though, that the courts have broadly countries trying to take away Amer- clause. We do this for the general wel- construed this to allow Federal regula- ican projects by subsidized financing. fare of the people. But if we think tion, the provision of credit, to provide It is small companies as well. In about it, we are using taxpayers’ credit. Thompson, CT, Neumann Tool, a small money, we are using subsidized interest Well, this is exactly opposite of what family-held company, has been helped rates, we are benefiting certain compa- the founders said and exactly opposite by Eximbank. Companies slightly larg- nies, and we do benefit the foreign re- of one of the major reasons why we had er, but still relatively new companies cipients and many times these are for- the Constitutional Convention. This that are in international trade, like eign governments, so they are not the power that they take through the coin- Gerber Garment and Technologies in general welfare. If it is a cost to the age clause in order to extend credit is Tolland, CT, they have been helped taxpayer, we are doing this at a pen- exactly opposite of the provision in the when they were facing partnerships be- alty of the general welfare, not to the 1792 Coinage Act, which says we have tween governments and corporations in benefit of the general welfare. to protect against counterfeiting, and other countries. This is a wastebasket used especially anybody who would be so bold as to If we could stop all the other coun- in the 20th century as a justification debase the currency and ruin the value tries from subsidizing interest rates for doing almost anything in the Con- of the money, there was a death pen- and financing around the world, we gress. But then the justification goes alty mandated. could talk about ending these pro- on, and I find this even more fascinat- But here we casually give to our grams. But unless we want to give ing. Of course, the other justification is agencies of government this authority away major markets to Asia and Eu- the power to regulate commerce. under the coinage clause to provide rope, then we need this tool to protect Well, regulating commerce between credit. Credit is nothing more than the American employment. That is what I the States, actually the commerce dilution of the value of money. And be- see this program as. clause was written to deregulate and lieve me, long term, this is detrimen- What happens in the headlines is that make sure there were no impediments tal. we get ‘‘Eximbank Finances Airplane against trade, so we cannot under the Later on in the general debate, I Sale.’’ What we really get are workers Constitution regulate trade. But that would like to address the economic is- in America being able to compete does not say subsidize certain people at sues as well. internationally because they are not the expense of others. So that was a Mr. HALL of Ohio. Mr. Speaker, I disadvantaged by a world that used to giant leap in the 20th century where yield 3 minutes to the gentleman from exist, where only the other side had the regulation of commerce permits us Connecticut [Mr. GEJDENSON]. some financing institutions to help to do almost anything. Mr. GEJDENSON. Mr. Speaker, if save jobs. It certainly rejects the whole notion this was an ideological debate or an at- Mr. DREIER. Mr. Speaker, I yield 3 and challenges the whole concept of tempt at evolving a philosophy for the minutes to the gentleman from Lang- the doctrine of enumerated powers. So operation of the globe, we might want ley, WA [Mr. METCALF], a member of we either have a Constitution where to discuss, in a theoretical sense, how the Subcommittee on Domestic and there is a doctrine of enumerated pow- government got to this point and International Monetary Policy of the ers or we do not. The document is very where government should go. But this Committee on Banking and Financial clear. It delegates powers. The powers is a very practical life lesson for sur- Services. are very limited and they are num- vival we are involved in. Mr. METCALF. Mr. Speaker, the bered. They are enumerated. The United States of America does Boeing Co. was mentioned by a pre- But today, if we casually look at the very well in international trade. We vious speaker. By the way, right now welfare clause, and if we casually look have some very tough competitors. Boeing Co., in my district and in my at the regulatory clause on commerce, And, frankly, this is one of the few State, is hiring workers as fast they we here in the Congress, under that un- tools we have to prevent those inter- can right at this moment. derstanding, we can do just about any- national competitors from just rigging To get to the Export-Import Bank, it thing. And what happens? We do just the system against American workers. is one of the most important tools that about anything. And that is why our We can talk about American compa- we have to help the United States com- Government is so big and our regu- nies, and sometimes there are dif- pete in the international marketplace. latory bodies are so huge and we have ferences in the interests of the com- For more than 60 years, Exim has sup- tens of thousands of pages of regula- pany and the workers, but in this case ported more than $300 billion in U.S. tions, because we have so little respect the workers’ and the companies’ inter- exports, and has more than met its pri- for the document that we should be ests are joined. If we do not sell the mary goal of preserving and creating guided by. product, that company loses but the jobs in the United States and working But there is another justification, ac- workers are unemployed. to level the playing field against ag- cording to the committee report, as to When we look at large capital areas, gressive subsidized foreign competi- why we should and are permitted to for a while the French, the Japanese, tion. H8188 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The facts show that current accusa- which a vote by electronic device, if or- Mica Redmond Spence Millender- Regula Spratt tions leveled against Exim by its oppo- dered, will be taken on the question of McDonald Reyes Stabenow nents are unfounded. Exim creates agreeing to the resolution. Miller (CA) Riggs Stark jobs. One-fourth of the new net jobs The vote was taken by electronic de- Miller (FL) Riley Stearns created since 1992 came from export Minge Rivers Stenholm vice, and there were—yeas 423, nays 3, Mink Rodriguez Stokes growth. During the last 5 years, Exim not voting 7, as follows: Moakley Roemer Strickland financing supported jobs for nearly 1 Mollohan Rogan Stump [Roll No. 469] million Americans. Exim helps United Moran (KS) Rogers Stupak YEAS—423 Morella Rohrabacher Sununu States companies compete against sub- Murtha Ros-Lehtinen Talent sidized foreign competition. Abercrombie Davis (VA) Hooley Myrick Rothman Tanner Japan and France currently finance Ackerman Deal Horn Neal Roukema Tauscher Aderholt DeGette Hostettler 32.4 and 18.4 percent of their exports re- Nethercutt Roybal-Allard Tauzin Allen Delahunt Houghton Neumann Royce Taylor (NC) spectively. By comparison, the United Andrews DeLauro Hoyer Ney Rush Thomas States finances 3 percent of its exports. Archer DeLay Hulshof Northup Ryun Thompson Eliminating Exim would result in lost Armey Dellums Hunter Norwood Sabo Thornberry Bachus Deutsch Hutchinson Nussle Salmon Thune jobs to American workers and lost Baesler Diaz-Balart Hyde Oberstar Sanchez Thurman market share to American companies. Baker Dickey Inglis Obey Sanders Tiahrt Exim has a great return for the tax- Baldacci Dicks Istook Olver Sandlin Tierney Ballenger Dingell Jackson (IL) payer. For every dollar appropriated to Ortiz Sanford Torres Barcia Dixon Jackson-Lee Owens Sawyer Towns Exim the bank returned approximately Barr Doggett (TX) Oxley Scarborough Traficant $20 to $25 worth of exports. Exim pro- Barrett (NE) Dooley Jefferson Packard Schaefer, Dan Turner grams do not just favor big business; Barrett (WI) Doolittle Jenkins Pappas Schaffer, Bob Upton Bartlett Doyle John Parker Schumer Velazquez Exim plays an important role in reach- Barton Dreier Johnson (CT) Pascrell Scott Vento ing small businesses interested in ex- Bass Duncan Johnson (WI) Pastor Sensenbrenner Visclosky porting. Last year 81 percent of Exim’s Bateman Dunn Johnson, E. B. Paul Serrano Walsh Becerra Edwards Johnson, Sam transactions were with small business. Paxon Sessions Wamp Bentsen Ehlers Jones Payne Shadegg Waters b 1315 Bereuter Ehrlich Kanjorski Pease Shaw Watkins Berman Emerson Kaptur Pelosi Shays Watt (NC) Exim programs do not create an Berry Engel Kasich Peterson (MN) Sherman Watts (OK) unhealthy risk for the taxpayer. Since Bilbray English Kelly Peterson (PA) Shimkus Waxman Bilirakis Ensign Kennedy (MA) its creation, Exim has maintained a Petri Shuster Weldon (FL) Bishop Eshoo Kennedy (RI) Pickering Sisisky Weldon (PA) strong and healthy portfolio with a Blagojevich Etheridge Kennelly Pickett Skaggs Weller loan-loss ratio of 1.9 percent. The loss Bliley Evans Kildee Pitts Skeen Wexler ratios of commercial banks average Blumenauer Everett Kilpatrick Pombo Skelton Weygand Blunt Ewing Kim Pomeroy Slaughter White around 6 percent to foreign govern- Boehlert Farr Kind (WI) Porter Smith (MI) Whitfield ments. Boehner Fattah King (NY) Portman Smith (NJ) Wicker In addition, Exim has more than an Bonilla Fawell Kingston Poshard Smith (OR) Wise Bonior Fazio Kleczka adequate reserve of $6.7 billion to pro- Price (NC) Smith (TX) Wolf Bono Filner Klink Pryce (OH) Smith, Adam Woolsey tect the taxpayer in the event of any Borski Flake Klug Quinn Smith, Linda Wynn unforeseeable loss. We should reauthor- Boswell Foglietta Knollenberg Radanovich Snowbarger Yates ize Exim today to preserve American Boucher Foley Kolbe Rahall Snyder Young (AK) Boyd Forbes Kucinich Ramstad Solomon Young (FL) jobs. Brady Ford LaFalce Rangel Souder Mr. MOAKLEY. Mr. Speaker, I have Brown (CA) Fowler LaHood no requests for further speakers, and I Brown (FL) Fox Lampson NAYS—3 Brown (OH) Frank (MA) Lantos DeFazio McKinney Taylor (MS) yield back the balance of my time. Bryant Franks (NJ) Largent Mr. DREIER. Mr. Speaker, I would Bunning Frelinghuysen Latham NOT VOTING—7 Burr Frost LaTourette simply close by saying that I urge Gonzalez Nadler Schiff Burton Furse Lazio Hansen Pallone strong support of this rule and the bill. Buyer Gallegly Leach Moran (VA) Saxton Mr. Speaker, I yield back the balance Callahan Ganske Levin of my time. Calvert Gejdenson Lewis (CA) b 1333 The SPEAKER pro tempore (Mr. Camp Gekas Lewis (GA) Campbell Gephardt Lewis (KY) Mr. OWENS changed his vote from PEASE). Without objection, the pre- Canady Gibbons Linder vious question is ordered on the resolu- Cannon Gilchrest Lipinski ‘‘nay’’ to ‘‘yea.’’ tion. Capps Gillmor Livingston So the previous question was ordered. The question is on the resolution. Cardin Gilman LoBiondo The result of the vote was announced Carson Goode Lofgren as above recorded. Mr. MILLER of California. Mr. Castle Goodlatte Lowey Speaker, I object. Chabot Goodling Lucas The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- Chambliss Gordon Luther question is on the resolution. Chenoweth Goss Maloney (CT) The resolution was agreed to. tleman from California [Mr. MILLER] Christensen Graham Maloney (NY) objects to ordering the previous ques- Clay Granger Manton A motion to reconsider was laid on tion. Clayton Green Manzullo the table. The question is on ordering the pre- Clement Greenwood Markey f Clyburn Gutierrez Martinez vious question. Coble Gutknecht Mascara The question was taken; and the Coburn Hall (OH) Matsui PERSONAL EXPLANATION Speaker pro tempore announced that Collins Hall (TX) McCarthy (MO) Mr. SAXTON. Mr. Speaker, due to a memo- Combest Hamilton McCarthy (NY) ayes appeared to have it. Condit Harman McCollum rial service in New Jersey for the airmen from Mr. MILLER of California. Mr. Conyers Hastert McCrery McGuire Air Force Base who were killed off Speaker, I object to the vote on the Cook Hastings (FL) McDade the coast of Namibia, I was unable to make ground that a quorum is not present Cooksey Hastings (WA) McDermott rollcall votes 465, 466, 467, 468, and 469. Costello Hayworth McGovern and make the point of order that a Cox Hefley McHale Had I been present I would have voted ``nay'' quorum is not present. Coyne Hefner McHugh on vote No. 465, ``yea'' on vote No. 466, and The SPEAKER pro tempore. Evi- Cramer Herger McInnis ``yea'' on votes Nos. 467, 468, 469. Crane Hill McIntosh dently a quorum is not present. Crapo Hilleary McIntyre The SPEAKER pro tempore. Pursu- The Sergeant at Arms will notify ab- Cubin Hilliard McKeon ant to House Resolution 255 and rule sent Members. Cummings Hinchey McNulty XXIII, the Chair declares the House in Pursuant to clause 5 of rule XV, the Cunningham Hinojosa Meehan the Committee of the Whole House on Danner Hobson Meek Chair will reduce to a minimum of 5 Davis (FL) Hoekstra Menendez the State of the Union for the consider- minutes the period of time within Davis (IL) Holden Metcalf ation of the bill, H.R. 1370. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8189 The Chair designates the gentleman Not every Member may be familiar plier determines services, parts, and from California [Mr. CALVERT] as the with the work of Eximbank, so let me follow-on sales. Chairman of the Committee of the clarify what the Bank is and what it is In closing, Mr. Chairman, the com- Whole and requests the gentleman not. Eximbank is an independent Fed- mittee has reported out a solid biparti- from Indiana [Mr. PEASE] to assume eral agency established in 1934 to pro- san bill reauthorizing this vitally im- the chair temporarily. vide export financing for U.S. busi- portant agency. I would urge Members to give it their enthusiastic support. b 1336 nesses. It has the twofold purpose of neutralizing an aggressive financing by Mr. Chairman, I reserve the balance IN THE COMMITTEE OF THE WHOLE foreign export credit agencies and to of my time. Accordingly the House resolved itself furnish export credit financing when b 1345 into the Committee of the Whole House private financing is unavailable and Mr. FLAKE. Mr. Chairman, I yield on the State of the Union for the con- only when the Bank has a reasonable myself such time as I may consume. sideration of the bill (H.R. 1370) to re- assurance of repayment. Mr. Chairman, I rise today in support authorize the Export-Import Bank of Eximbank is not a foreign policy of this bill and urge that my colleagues the United States, with Mr. Pease agency. Eximbank is not a develop- would support the Committee on Bank- (Chairman pro tempore) in the chair. ment agency. The Bank’s narrow pur- ing and Financial Services’s report on The Clerk read the title of the bill. pose is to create jobs in the United the reauthorization of the Export-Im- The CHAIRMAN. Pursuant to the States by promoting exports abroad. port Bank of America. rule, the bill is considered as having Why do we need Eximbank? Let me first thank the gentleman been read the first time. Largely because many foreign gov- from Iowa [Mr. LEACH], the chairman Under the rule, the gentleman from ernments provide official financing to of the committee, for his consistent ef- Delaware [Mr. CASTLE] and the gen- their countries’ exporters. forts to reach an agreement on each tleman from New York [Mr. FLAKE] Although many of us would like to and every one of the difficult issues each will control 30 minutes. reduce or eliminate export credit sub- that we have had to face. I would be re- The Chair recognizes the gentleman sidies, it is clear that without miss if I did not thank the gentleman from Delaware [Mr. CASTLE]. Eximbank the United States would from Delaware [Mr. CASTLE] for his ef- Mr. CASTLE. Mr. Chairman, the have no leverage to help bring more forts at the subcommittee level. We Committee meets today to consider the market discipline to the rules govern- worked well together on the bill that is bill, H.R. 1370, legislation to reauthor- ing international trade finance. before this House this afternoon. I also ize the Export-Import Bank of the Likewise, American exporters would wish to thank the gentleman for con- United States, Eximbank, as it is be hindered in their efforts to establish tinually including my staff in biparti- known, for an additional 4 years. The market presence in developing coun- san deliberations throughout this past bill, as amended, was favorably re- tries lacking full and easy access to 2 years as we have moved forward on ported by the Committee on Banking private sources of finance. this bill. and Financial Services by voice vote to While American workers and compa- We have accomplished a great deal in the House of Representatives on July 9 nies have made enormous strides to the Committee on Banking and Finan- with a report on this bill, Report No. compete in the global economy, they cial Services’s markup of the Export- 105–224, being filed on July 31, 1997. cannot compete and win against Gov- Import Bank reauthorization, H.R. Without timely reauthorization, ernment-supported foreign competi- 1370. We reached three major goals. Eximbank will have to shut down its tion. We need Eximbank to deter the First, we instruct the State Depart- operations at the end of this fiscal distorting tied aid and other forms of ment to expressly use the Chafee year, literally less than a day away. economic pressure used by some of our amendment process when it has na- Briefly, H.R. 1370 provides for the fol- trading partners. We also need tional interest concerns with potential lowing: Eximbank to help secure the necessary Ex-Im deals. Last year, the bank was First, a 4-year renewal of Eximbank’s financing that will enable our dynamic requested to more or less take a role in charter through September 30, 2001; small businesses to export their goods deciding foreign policy. That is not the Second, an extension of the tied aid and services to the broader global mar- bank’s mission. With guidance from credit fund authority; ket. the gentleman from Nebraska [Mr. BE- Third, an extension of the authority American firms will simply not REUTER], we have adopted a policy in for providing financing for the export thrive at home unless they take full this bill which would make Congress’s of nonlethal defense articles; advantage of the tremendous opportu- intent clear with respect to the Chafee Fourth, a clarification of the Presi- nities abroad. Today, 96 percent of U.S. amendment. We also create an advisory panel to dent’s authority to prevent bank fi- firms’ potential customers are outside counsel the bank on efforts to increase nancing based on national interest con- U.S. borders, and key developing mar- United States imports to sub-Saharan cerns; kets alone will account for almost half Africa. Congress has witnessed, over Fifth, the creation of an Assistant of the world’s market by the year 2010. the past 5 months, the bipartisan com- General Counsel for Administration po- These markets are already our coun- mitment to increase trade with Africa. sition; try’s best economic opportunity, with This commitment seems to resonate Sixth, authorization for the estab- developing countries already account- from the administration, the Congres- lishment of an advisory committee to ing for 67 percent of world import sional Black Caucus, the Speaker, and assist the bank in facilitating United growth. the rank and file Members of this Con- States exports to sub-Saharan Africa; This body and the American people gress. I believe this is the right thing Seventh, a requirement that two should have no illusions about the in- to do, and in fact, we should have done labor representatives be appointed to tensity of commercial competition for it years ago. Nevertheless, I am happy the Bank’s existing advisory commit- export contracts in emerging markets, to have created this panel now, and tee; competition that frequently hinges on even as we move forward, my hope is Eighth, a requirement that the the terms of export financing. The sim- that it will do what we have created it Bank’s chairman design an outreach ple fact of the matter is that without to do. program for companies that have never Eximbank, U.S. exporters would lose Finally, we create mandated ethics used its services; contracts in important developing counseling within the Ex-Im. Con- Ninth, the establishment of regula- countries to companies in Japan, sequently, we assure that employees tions and procedures as appropriate to France, and Germany that receive have the best possible ethical advice ensure that when the Bank is making a trade finance from their Government- when major financing decisions are determination as among firms that re- supported export credit agencies. More- made. ceive assistance, that preference be over, in critical technology, such as Mr. Chairman, let me expand my re- given to those firms that have shown a aerospace, power generation, and tele- marks by stating that we need the Ex- commitment to reinvestment and job communications, the loss of markets is port-Import Bank. We need the institu- creation in the United States. long-term as the initial choice of a sup- tion because the global market for U.S. H8190 CONGRESSIONAL RECORD — HOUSE September 30, 1997 products shrinks when foreign compa- reality that for the 29 percent of deals time, that that loan not only made nies consume lucrative opportunities. that Ex-Im does with large enterprises, possible the work for these 2,000 people, Furthermore, this market contraction it inherently still maintains the oper- but also 2,940 suppliers all over the is most often due to the fact that the ations of small business subcontractors United States. In fact, over 640 in the companies have the complete support and suppliers. These enterprises oper- State of Massachusetts alone; several of their export credit agencies when ate throughout the Nation and employ hundred in the State of Illinois, and they come to the table from other thousands of American citizens. likewise throughout the country. Be- countries. While these companies have Thus, if we examine the institution’s cause these types of loans that are this explicit support from their govern- impact on American employment, we given to companies doing royal battle ments, our companies face financial re- cannot come to the conclusion that Ex- in the international market really are luctance from private capital markets, Im is an exclusive concessional window not about corporate subsidies, end of and tend to find it extremely difficult of credit to corporate America. Rather, quote; they are about the 2,000 people I to finance their exports and thus main- it is a lender of last resort, and it is represent at Beloit Corp. and about the tain a viable employment base of eco- successful in financing billions of dol- nearly 3,000 suppliers, many of whom nomically empowered U.S. citizens. lars in U.S. exports for a rather small are little bitty guys that are battling Their lender of last resort policy has budget. In short, we need Ex-Im, and I it out, and Ex-Im is really for them. thus become a problem for the Export- intend to support its reauthorization Now, most of these people do not Import Bank. and hope that my colleagues in the even know what the Ex-Im Bank is. All Ex-Im also is the financier of compa- House will join me. they know is whether or not they have nies willing to export to risky markets. Mr. Chairman, I reserve the balance an order to ship parts and to do some As we all know, taking risks is in the of my time. labor for Beloit Corp. So I am here great American tradition of creating Mr. CASTLE. Mr. Chairman, I yield 5 today to speak on behalf of these 3,000 opportunities throughout entrepre- minutes to the distinguished gen- suppliers and the 2,000 people directly neurship. Export-oriented entre- tleman from Illinois [Mr. MANZULLO], a involved at Beloit Corp., and to the preneurs are the enterprises which gov- member of the Committee on Banking tens of thousands of workers across the ernment should assist, and supporting and Financial Services. land whose very livelihood depends new opportunities and emerging mar- (Mr. MANZULLO asked and was upon the ability of the United States kets will continue job growth where we given permission to revise and extend to engage competitively for overseas need it the most, here in our own labor his remarks.) markets. markets. As many should come to real- Mr. MANZULLO. Mr. Chairman, That is really what Ex-Im Bank is all ize, Ex-Im operates under the adage, every bill and subsequent law that we about; it is about people. It is not ‘‘jobs through exports.’’ pass in the House of Representatives about big companies, it is not about My last remarks will again focus at- has a face to it, and I would like to tell corporate welfare; it is about people, tention on Africa. We have a tremen- my colleagues about a couple thousand people who get up at the crack of dawn, dous opportunity to foster trade with faces, people who get up at the crack of pack their lunch, go off to work and this last untapped market in the world. dawn, pack their lunch, get their kids thank God that they have a job so that The export markets in Europe, Latin off to school, go off to work, come back they can raise their children. America and Asia are saturated, and home, and oftentimes their spouses are Mr. Chairman, I would urge the Mem- new opportunities will come far and also working. These are the 2,000 faces bers of this body to reauthorize Ex-Im few between in the years to come. Afri- of the highly skilled union members of Bank because it does one thing that ca, on the other hand, is still ripe for Beloit Corp. in Beloit, WI, and South the private sector simply cannot do. It business. Countries like South Africa, Beloit, IL. They are the ones on behalf provides the tough, last-chance financ- Zimbabwe, Botswana, and Namibia of whom I speak this afternoon in urg- ing that companies need in order to be competitive globally. Ex-Im, in fact, in have growing economies with sophisti- ing this body to reauthorize the Ex- 1995 helped generate $13.5 billion in ex- cated indigenous business cultures and port-Import Bank. ports for the U.S. economy, which di- represent viable markets for United Mr. Chairman, there are only three rectly exported 200,000 high-wage U.S. States exports. French, English, Ger- manufacturers of papermaking ma- chines in the world: one in Finland, one jobs. man, and Malaysian businesses are Mr. FLAKE. Mr. Chairman, I yield 5 in Germany, and one in the United moving aggressively into these mar- minutes to the gentleman from New ketplaces, and they are doing so with States. These are obviously very so- York [Mr. LAFALCE], the outstanding phisticated and huge machines. Some tremendous support from foreign credit senior member of the Committee on run as long as an entire football field. agencies. U.S. businesses also need that Banking and Financial Services. In doing battle with countries overseas same kind of support which only the (Mr. LAFALCE asked and was given Ex-Im Bank can give. that have subsidies of a sort to the permission to revise and extend his re- Toward that end, I am pleased to manufacturers, these men and women marks.) note that Ex-Im has recently sent a who work very hard at the Beloit Corp. Mr. LAFALCE. Mr. Chairman, I delegation to sub-Saharan Africa to ex- do not quite understand the intricacies thank the gentleman for yielding me plore opportunities for United States of international banking, but they do this time. exports, and I am equally delighted to understand when their company is put First of all, I want to commend both see efforts by the administration and in a position where it is being ham- the chairman of the subcommittee, the colleagues of ours like the gentleman mered by overseas export agencies that gentleman from Delaware [Mr. CAS- from New York [Mr. RANGEL] and the prefer Finland and Germany. So the TLE], and the ranking Democrat on the gentleman from Illinois [Mr. CRANE] Export-Import Bank was started on be- subcommittee, the gentleman from who promote trade between the United half of these working men and women New York [Mr. FLAKE], especially Mr. States and Africa. I will encourage Ex- so that the corporation for which they FLAKE because he will be retiring from Im to work within these discussions, work could be on an equal footing with Congress on October 15, for the out- and signal my intent to encourage and the Finns and the Germans. standing job they did, both in sub- craft a working system within Ex-Im An opportunity came up for these committee and full committee, in de- to explore the very new opportunities men and women to build some huge veloping this bill and having it re- that have been made available to us in machines to go to Indonesia. We helped ported out in a bipartisan and enthu- sub-Saharan Africa. Beloit Corp., and we helped those 2,000 siastic fashion. Mr. Chairman, I close by noting that people, and by helping those 2,000 peo- Some individuals ask the question: there are detractors of the agency, and ple get that type of loan, the loan of Should governments be involved in the we certainly are cognizant of corporate last resort, the loan that would not subsidy of exports? And the theoretical welfare arguments. This line of reason- exist otherwise, the loan were it not answer to that is well, no, they should ing, however, ignores the fact that 81 for the existence of Ex-Im Bank would not be. So if we lived in this theoreti- percent of Ex-Im’s financing deals go have meant that they would have lost cal world that we would like to, gov- to small businesses. It also ignores the their jobs for a considerable period of ernments would not subsidize. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8191 But the fact of the matter is, we do ious reasons. I stated some of those it. Therefore, it was an advantage to not live in a theoretical world, we live earlier on. One is constitutional. There us. But we should always consider in a very real world, a very real global is a strong moral argument against a those individuals who are being pun- economy, in which other governments bill like this. But I am going to talk a ished and penalized, that they do not assist companies in their countries to little bit about the economics. Also, have the clout nor the PAC to come up export. How much do they do this? one other reason why I am going to here and promote a certain piece of Well, in the United Kingdom, 2.7 per- vote against this bill has to do with legislation. cent of national exports are subsidized. campaign finance reform. If we vote no Another good reason to vote against In Italy, 3.1 percent. In Germany, 5.2 against this, I think we would be work- this piece of legislation, it is through percent. In Canada, 7.9 percent. In ing in the direction of campaign fi- this legislation that we do support Spain, 8.3 percent. In France, 19.6 per- nance reform. countries like China and Russia. This cent. In Japan, 47.9 percent. I repeat, in I myself get essentially no business is not supporting free markets. They Japan, 47.9 percent. In the United PAC money. I do not have any philo- are having a terrible time privatizing States, 1.58 percent. sophic reasons not to take it. I would their markets. Yet, our taxpayers are being required to insure and subsidize b 1400 take the money on my conditions, but that sort of excludes me. But not infre- loans to state-owned corporations. Our subsidy is infinitesimally small quently when I would visit with large China receives the largest amount of in comparison to the subsidies of some corporations they would ask me, what money under Eximbank. I do believe in of our principal competitors, such as is my position on the Export-Import free trade. I voted for low tariffs for Japan, France, et cetera. China. I support that. But this is not Until the real world conforms to this Bank. And when they would find out, of course they would not give me any free trade. This is subsidized trade. It theoretical world that we would like to is the vehicle that we subsidize so exist, we must not unilaterally disarm. money. So I would say that the incentive to much of what we criticize around here. We must reauthorize our export agen- Some people voted against low tariffs cy, the Export-Import Bank. get people to do certain things for sub- sidies gives this incentive for big cor- for China because they said, we do not There are a number of amendments endorse some of the policies of China. that have been allowed by the Commit- porations to subsidize and to donate money to certain politicians. If we did They certainly should not vote for the tee on Rules, seven. As we consider subsidies to China nor the subsidies to these amendments, let us realize that not have so much economic power here, there would not be the incentive for big the corporations that are still owned this bank is not a foreign policy instru- by the state in Russia, because it is at ment. This bank does not give sub- business to come and buy our influ- ence. the expense of the American taxpayer. sidies to foreign countries. This bank It is said that the companies that gives business exclusively to United Mr. Chairman, I do not happen to be- lieve that campaign finance reform benefit will increase their jobs, and States companies for U.S. exports, re- that is not true. There are good statis- gardless of the country involved. We will ever be accomplished by merely taking away the right of an individual tics to show that the jobs are actually ought not to try to make this an in- going down over the last 5 or 6 years. strument of foreign policy microman- or company to spend money the way they see fit. Regulating finances of a Jobs leave this country from those aged by the U.S. Congress. companies that benefit the most. company, once a company can come in Let us also keep in mind that there is It is also said quite frequently here here and put pressure on us to pass the a significant small business impact. I on the floor that this is a tremendous reiterate the comments of the gen- Export-Import Bank, I think is an im- benefit to the small companies. tleman from New York [Mr. FLAKE]. In possible task. Eighty-some percent, 81 percent of all There have been certain economic ar- fiscal year 1996 there were almost 2,000 the loans made go to small companies. guments, so-called, in favor of this bill, small business transactions, a 60-per- There is some truth to that. That is but I think there are some short- cent increase since 1992. Of these, about true, but what they do not tell us is comings on the economics. One thing 25 percent were first-time transactions only 15 percent of the money. Eighty- for small businesses. Of all the trans- for sure, I think even the supporters of five percent of the money goes to a few actions of the Eximbank, 81 percent of this bill admit that this is not free giant corporations, the ones who lobby all transactions, accounting for about trade, this is an infraction that we the heaviest, the ones who come here 21 percent of the dollar amount han- have to go through because the other because they want to support high dled, were for the small business com- countries do this. union wages and corporate profits for But we might compare this. It is munity. Of all the transactions, 81 per- sales to socialist nations and socialist- cent were for small businesses in the true, we subsidize our companies less owned companies. United States. than Japan, but would Members like to For these reasons, I urge a no vote on For all of these reasons, I hope this have Japan’s economy right now? this bill. body will overwhelmingly endorse and Japan has been in the doldrums for 8 Mr. FLAKE. Mr. Chairman, I yield reauthorize this Bank. I hope we will years. They subsidize it 30, 40, 50 per- myself 20 seconds. look at these amendments that will be cent of the time. Maybe it is not a good Mr. Chairman, I just want the gen- offered, these seven, one of which is idea. Yes, ours are small in number, tleman from Texas [Mr. PAUL] to un- mine, which would be to simply rename but why should we expand it and be derstand that when the gentleman the Bank, and be selective in our ac- like Japan? So I would suggest that the from Delaware [Mr. CASTLE] and I ceptance or rejection of them, not try- benefits, the apparent benefits, are not started putting the bill together, cam- ing to make it a foreign policy judg- nearly as great as one might think. paign finance reform was not such a ment, but a trade judgment, a jobs The other thing that is not very hot issue. I think it is a bit of a stretch judgment that we make. often mentioned is that when we allo- to include it in the bill. Mr. CASTLE. Mr. Chairman, I yield 5 cate credit, whether we expand credit, Mr. Chairman, I yield 21⁄2 minutes to minutes to the distinguished gen- which was mentioned earlier, that we the gentleman from Minnesota [Mr. tleman from Texas [Mr. PAUL], with do expand credit, we extend credit, we VENTO], a senior member of the Com- whom I disagree on this bill, but I to- allocate it, we subsidize it, so we direct mittee on Banking and Financial Serv- tally agree with his right to present his certain funds in a certain direction, ices. points of view. but we never talk about at the expense Mr. VENTO. Mr. Chairman, I rise in (Mr. PAUL asked and was given per- of what and whom. support of this 4-year reauthorization mission to revise and extend his re- When a giant corporation or even a and the tied aid program that is also marks.) small business gets a government-guar- being reauthorized in this measure. Mr. PAUL. I thank the gentleman for anteed loan, it excludes somebody else. Mr. Chairman, this measure is nec- yielding time to me, Mr. Chairman, That is the person we never can hear essary because so often in the markets and for the disclaimer. from, so it is the unseen that is bother- in which we are exporting in an in- Mr. Chairman, it is correct, I am some to me. Those who get the loans, creasingly global marketplace, the na- going to vote no on this bill, for var- sure, they will say yes, we benefited by ture of the risks and the structure of H8192 CONGRESSIONAL RECORD — HOUSE September 30, 1997 the economies in these nations does tiations to induce foreign governments involved, and I am going to make sure not permit our companies, our entities to reduce and ultimately eliminate they are. I am going to make sure I pay that want to sell a product, a quality subsidies. Without the Bank, we do not attention to it. American product, to in fact be pur- have that opportunity, that leverage, Mr. CASTLE. Mr. Chairman, I yield chased; often there is not the financial and that strength, and our companies 11⁄2 minutes to the gentleman from structure. need that. Florida [Mr. MICA]. As an example of that, look at the My goal is to have throughout the (Mr. MICA asked and was given per- newly independent nations, the newly world a playing field where decisions of mission to revise and extend his re- emerging nations that formerly com- purchasing are made on the basis of marks.) prised the Soviet Union. It is a very price and quality and product and serv- b 1415 good point in fact that the committee ice. But that is the world we live in report outlines. Here the banking and today. We need a strong economic tool, Mr. MICA. Mr. Chairman, before finance structure in these nations does the Eximbank, to guard against unfair coming to Congress, I was involved in not facilitate the extension of credit. foreign subsidies and to give our com- international trade and saw firsthand So in order to facilitate the sale, many panies and our workers a fair chance. what is happening in the trade arena. nations, our competition, in fact, pro- Mr. FLAKE. Mr. Chairman, I yield 2 In fact, if all things were equal, we vide for a more integrated type of cred- minutes to the gentlewoman from Cali- would not need Eximbank, but I am it structure to provide the sale of those fornia [Ms. WATERS], a ranking mem- here to tell my colleagues that in fact products at the end of the day. ber of the subcommittee. we need Exim. In fact, it is one of the This credit that we extend here in Ms. WATERS. Mr. Chairman, I rise most valuable programs of this Govern- fact attempts to do that. Usually it is today in support of H.R. 1317 to reau- ment. In fact, the United States is in a blended credit, a credit that we pro- thorize the Eximbank. As a member of an economic fight for its life. In fact, vide in conjunction with other U.S. fi- the Committee on Banking and Finan- the United States is now running a nancial institutions and other inter- cial Services, I want to congratulate trade deficit that exceeds the national national financial institutions. So we the gentleman from Delaware [Mr. annual deficit. The fact is that we are are simply taking some of the risks, CASTLE], the chairman of the Sub- competing against Japan, the United but an essential part. In doing so, the committee on Domestic and Inter- Kingdom, France, and a host of other Ex-Im Bank, by taking that position, national Monetary Policy, and the gen- countries that do a much better job actually builds a foundation upon tleman from New York [Mr. FLAKE] for backing up their business and creating which credit in turn is built in these their work on this important bill. an unlevel playing field for our busi- newly independent nations, as I point- The Eximbank provides low-interest ness people. ed out, or states, newly independent rate direct loans, export credit insur- Exim creates thousands, tens of states in the former Soviet Union. ance, and loan guarantees to finance thousands of jobs. Exim allows U.S. Of course, it facilitates then a new the purchase of U.S. goods internation- companies to compete in this inter- marketplace for our products and fa- ally. There have been some criticisms national marketplace. Exim is not cor- cilitates an economic growth. For I today of the Bank. I share in some of porate welfare. Exim is not any type of think most of us, it is in our interests those criticisms. subsidy. Exim in fact gives our Amer- obviously in terms of jobs, in terms of There are those who would believe ican companies and our men and making our global economy and mar- that somehow I want to do away with women that are seeking jobs and op- ketplace work, to have this program in the Bank. If we ask a lot of people, portunity in this country that oppor- place. While a large number of the their first thought is the gentlewoman tunity and the ability to compete in a loans, 81 percent, are to small business, from California [Ms. MAXINE WATERS] growing world marketplace. they make up only about 20 percent of is not going to support it, because too Mr. Chairman, I strongly recommend the export credit. many big businesses receive the benefit the passage of this legislation and re- So I want to credit the subcommittee from it. Not true. quest support from every Member of ranking member and chairman for Yes; I am concerned that too much of this Congress that is interested in jobs their work, and especially the ranking this goes to big businesses, but I am and opportunity for every American. member, for whom it will probably be also concerned that we have the kind Mr. FLAKE. Mr. Chairman, I yield 2 his last bill on the floor that he man- of dollars to support American firms minutes to the gentleman from Ver- ages. He has been a good and dedicated that will make them competitive in mont [Mr. SANDERS]. Member. He shall be missed. We appre- the international market. Therefore, I (Mr. SANDERS asked and was given ciate very much the gentleman’s work, want to expand this to more small permission to revise and extend his re- and I thank him. businesses. I want to pay some atten- marks.) Mr. CASTLE. Mr. Chairman, I yield 2 tion to Africa, I want to make sure we Mr. SANDERS. Mr. Chairman, I minutes to the gentleman from Texas make it what it should be. I do not thank the gentleman for yielding me [Mr. BRADY]. want to get rid of this money. I do not this time. Mr. BRADY. Mr. Chairman, Amer- want to do away with this opportunity. I rise in support of this legislation ican companies and American workers There have been some important re- because it contains some amendments can compete against anyone in the forms that have been put into the leg- which I think make the reauthoriza- world if they are given a fair chance. islation by the gentleman from Ver- tion palatable. But I should be very With 95 percent of the world’s consum- mont [Mr. SANDERS] and others to clear that if the amendments are taken ers residing outside of America, we make sure that labor is represented on out in conference, I will do everything have economic battles going on around the advisory board, to make sure that that I can to defeat this reauthoriza- the globe. we have recommendations about how tion. Just as a strong national defense has we can increase projects in Africa. I Mr. Chairman, one of the great eco- ensured American military superiority, think we have some opportunities here. nomic crises of our time is the decline the Eximbank allows our companies to I do not think we should just sit back in real wages of American workers and have a level playing field, and allows and say, well, it is all right. It has not the loss of millions of good manufac- our companies to have an opportunity done everything we would like it to do. turing jobs. In my view, we are not to compete against workers and com- I think we should say, let us take this going to rebuild the middle class and panies anywhere throughout the world. opportunity to provide subsidies, to create good paying jobs unless we re- Right now the Government Account- provide credit, to provide loan guaran- build our manufacturing sector. Given ing Office has said the most compelling tees, to be more competitive in the that reality, Mr. Chairman, it is unac- reason for reauthorizing the Export- international market, to create jobs, to ceptable that the taxpayers of this Import Bank is to level the inter- do all of those things. But let us not country continue to provide financial national playing field for U.S. export- just sit back and criticize it and say support for large multinational cor- ers, and to provide leverage, very much the big firms are getting it all. I want porations who are laying off hundreds needed leverage, in trade policy nego- some of the firms in my district to be of thousands of American workers, September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8193 they are taking our jobs to China, to If we want to compete in the world thorization of this institution is, thus, Mexico, to countries where workers are economic arena, we must stand with highly critical for America’s competi- paid 20 or 30 cents an hour. But then the people who make the products tive position in the world. they come into this building and they which are exported. American compa- Just to give one example, because say, help us, we need some money to nies need to enter the trade battle well sometimes in vignettes there is great participate in the export-import pro- armed, and the best way we can arm truth, I spoke at an event in East Mo- gram. them is by allowing the Export-Import line, IL, this spring at the John Deere Mr. Chairman, I have introduced an Bank to continue its work. Since 1990, Co., where business and labor came to- amendment which was accepted by the one-third of the total growth in U.S. gether to celebrate an Export-Import Committee on Banking and Financial output has been in exports. In other Bank supported production assembly of Services which has a very simple goal. words, if we want the tremendous It demands that the Export-Import growth we are seeing at this point to hundreds of tractors and combines that Bank implement procedures to ensure continue, we need to be aggressive in were sent to the Ukraine. At this that in selecting among firms to which promoting exports. event, a train actually took off with a to provide financial assistance, pref- The Export-Import Bank helps to group of combines on it. A series of erence is given to a firm which has level the playing field with U.S. ex- people talked abstractly about the Ex- shown commitment to reinvest in porters by using specific tools to make port-Import Bank, but real meaning America and create jobs in America. sure our industries are able to do busi- was brought by an 18-year-old woman I do not think that is too much to ness overseas. These tools include ex- who had been hired by Deere and Com- ask. If the American taxpayers are port credit insurance, guarantees on pany, their first literally youthful going to help out in this process, they commercial loans for purchases of U.S. hiree in the last decade. Her job was have a right to know that the compa- exports, and working capital guaran- made possible simply because of this nies who receive that help have a com- tees to encourage banks to lend money export-supported program. I think that mitment to reinvest in America and to small exporters. is a very telling circumstance. create jobs in America and not to run The bank only provides these tools The issue of corporate welfare has to Mexico, not to run to China. when the private sector does not or properly been raised. On the other Mr. CASTLE. Mr. Chairman, I yield 2 cannot. The bank does not prevent hand, the Export-Import Bank over its minutes to the distinguished gen- anyone else from providing these serv- long history has about broken even, tleman from New York [Mr. HOUGH- ices. It only provides them at or above slightly made a little bit of money, but TON]. market rate when no one else can or approximately broken even. But if one (Mr. HOUGHTON asked and was will. adds to the U.S. Government revenue given permission to revise and extend I know from the experience of my all the funds that are derived from his remarks.) own State of New York just how great those that pay taxes because of jobs Mr. HOUGHTON. Mr. Chairman, I am an impact the Export-Import Bank has they had that they would not otherwise not going to spend a lot of time be- had on our economy. Between 1992 and cause most of the arguments that I 1996, the bank supported 345 companies have had, the Export-Import Bank is would use have already been used and and financed $3.8 billion in exports. enormously in the black. So I think they have been gone over and over and This has translated into an estimated one can say that this is a very prag- Members understand the merits and 56,000 jobs. During this 5-year period, matic institution of government. the demerits. the bank has returned about $20 worth If there is a corporate welfare argu- I think the only thing I can say is, I of exports for each dollar it has spent. ment, which properly arrises any time have been there. I understand what the I support this. there is government intervention, it Eximbank can do. It is a little bit like Mr. CASTLE. Mr. Chairman, I yield 4 should be noted that the real corporate the Olympics. It used to always be minutes to the distinguished gen- welfare would be to Japanese and amateur, and then all of a sudden it tleman from Iowa [Mr. LEACH], chair- French and German companies if we do changed, and then people said, gee, man of the Committee on Banking and not reauthorize Export-Import Bank. maybe we ought to change, too. Financial Services. In conclusion, let me just suggest Commercial banks used to be able to (Mr. LEACH asked and was given per- that if we look at our own economy, do what they are no longer able to do, mission to revise and extend his re- that is doing rather well the last few and you find corporations, little com- marks.) years, it is impressive to point out that panies, competing against countries. Mr. LEACH. Mr. Chairman, I thank That is wrong. We can see it in the the gentleman for yielding me the fully one-third of the economic growth marketplace. Many times you have a time. I would like to also express my in this country is related directly to good product, good service, good rep- great appreciation for his leadership on exports. That export-driven growth is utation, terrific quality, cannot sell this issue and also that of the gen- singularly important to the well-being of all Americans. your equipment because the financing tleman from New York [Mr. FLAKE]. terms are wrong. That is what the In that the gentleman from New Finally, because this is a fairly par- Eximbank does. I strongly support this York [Mr. FLAKE] is retiring from this tisan era, let me say to the Clinton ad- amendment. body, I would think it very appropriate ministration that they have appointed Mr. FLAKE. Mr. Chairman, I yield 2 to point out that the gentleman from decent people to work at the Export- minutes to the distinguished gentle- New York [Mr. FLAKE] is not only one Import Bank, decent people to lead it, woman from New York [Mrs. of the most decent Members I have and they have led in a very pragmatic MALONEY]. ever served with, he has a streak of direction that has emphasized small (Mrs. MALONEY of New York asked pragmatic practicality that is as large business support, and as chairman of and was given permission to revise and as any Member in this body. I think the authorizing committee, I want to extend her remarks.) that is something that is much appre- tip my hat to the administration for Mrs. MALONEY of New York. Mr. ciated by everyone who has ever its attention to this institution. Chairman, first I would like to com- worked with him. mend the gentleman from Delaware As for the Export-Import Bank, I Let me also express my gratitude to our dis- tinguished retiring former chairman, Rep- [Mr. CASTLE], the chairman, and the know of no institution in the U.S. Gov- ranking member, the gentleman from ernment that has been more successful resentative GONZALEZ, Representative LA- ALCE New York [Mr. FLAKE], for their hard and is more supported on a bipartisan F , the chairman of the Asia Subcommit- work on this legislation and particu- basis. Republicans, Democrats, busi- tee, Mr. BEREUTER, and one of this body's larly to add my words of appreciation ness, labor, all have come to appreciate strongest supporters of small business, Rep- to the gentleman from New York [Mr. this particular small institution that resentative MANZULLO, among many others. FLAKE] for his many years of service. helps the American worker and Amer- Mr. Chairman, as Members are aware, We regret that he has chosen to retire ican business to compete in a very so- Eximbank is an independent Federal agency from this body, and we will miss him. phisticated global environment. Reau- established to provide export financing for H8194 CONGRESSIONAL RECORD — HOUSE September 30, 1997 U.S. businesses. The Bank has a dual pur- not aim to function exclusively as `lenders of gratulate him on his service in this pose: to neutralize aggressive financing by for- last resort,' as Eximbank strives to do.'' House, working with the chairman of eign export credit agencies, and to furnish pru- Eximbank is the last line of defense for the subcommittee, the gentleman from dent export credit financing when private fi- American businesses that are competitive in Delaware [Mr. CASTLE], on getting this nancing is unavailable or insufficient to com- terms of price, quality, and service but which bill through. plete the deal. It does this through a variety of are facing officially financed foreign competi- As an original cosponsor of H.R. 1370, loan, guarantee, and insurance programs. tion. As one witness testified before the Bank- I strongly support its passage. I am Since its founding, Eximbank has supported ing Committee earlier this year, ``This is the going to bypass getting into the issue more than $300 billion in U.S. exports, almost crux of the matter. No U.S. company, no mat- of the amount of exports it has done $100 billion in this decade alone. The Bank ter how big, can compete against a foreign for my State and talk about a couple of currently supports about $15 billion in U.S. ex- government in international finance. Neither issues that my colleague from Texas ports annually. More than 80 percent of can U.S. commercial lenders.'' raised earlier. Eximbank's transactions are for exports from In this context, Eximbank estimates that in I think we need to get at the real is- small businesses, a dramatic increase from 1995 almost three-quarters of its activity was sues about this. This is not a question just a few years ago. directed at leveling the playing field for Amer- of living in a perfect world. We do not Most of Eximbank's activities are directed at ican exporters, while the rest went toward live in a perfect world. We cannot go supporting U.S. exports to emerging market making up gaps in private financing. Eximbank back to mercantilism, and, as a matter economies. As we all understand, developing also helps give our negotiators leverage to of fact, mercantilism did not work. I markets offer tremendous opportunities for bring greater discipline to the rules governing am afraid my colleague from Texas is American businesses. More than 40 percent of official export-credit-agency financing. And this advocating just that. U.S. exports, worth about $180 billion, go to trade policy leverage has been used effec- The fact is, it is not an issue of free developing countries, and the amount is rising. tively to negotiate subsidy reductions. For ex- trade. If it were free trade, the Japa- The World Bank estimates that by the year ample, tied aid export promotion offers by for- nese would not subsidize their export 2010, these countries will consume 40 percent eign governments have declined by 75 per- market up to 32 percent, the French of all goods and services produced worldwide. cent since 1991. would not subsidize their export mar- From a midwestern agribusiness perspective, Interest rates on Eximbank's direct loans ket up to 18 percent. This is a question exports not only of crops, but value-added are priced at the cost of borrowing plus 1 per- of leveling the playing field. products from processed pork to refined steel, cent. Guaranteed loans are priced by commer- What Exim does is to extend credit tractors and combines are increasingly in de- cial banks at market levels. Eximbank also where the private market will not go mand. charges U.S. exporters exposure fees to cover or at the price that will not allow U.S. In many respects, the heightened impor- the risk of loans. The Bank's annual program companies to participate in the deals. tance of exports to my home State of Iowa budget reflects the difference between these The fact is, only 3 percent of the U.S. parallels the growing importance of exports to fees and losses which may be incurred on export market is involved in this. The the overall national economy and the Nation's new business committed that year. This ap- loss rate is 1.9 percent, which is less standard of living. In 1970, for example, the propriation acts as a loan loss reserve. As a than the commercial lending loss ra- overall value of trade to the U.S. economy result of the Bank's requirement of a reason- tios. equals about 11 percent of GDP. Over the able assurance of repayment for each trans- The classical view offers no empirical past 3 years, exports have accounted for action, losses on the approximately $125 bil- evidence of any misallocation of credit. about one-third of total U.S. economic growth. lion of loans financed since 1980 are less than That would assume both an extremely In 1995, some 11 million jobs depended on $2.5 billionÐa loan loss ratio of 1.9 percent. finite capital market, which I think is exports, and by the year 2000 that number will This figure is superior to that of commercial unlikely, and the nonexpansive U.S. have risen substantially. banks lending to foreign governments. It business strategy that, if you go one But commercial competition for sales in the should also be noted that the Bank is fully re- place, you are not going to try and get global economy is formidable, particularly in served against potential losses in its guaran- business somewhere else. Those of us emerging markets. Evidence of competitive fi- tee and insurance portfolio. who came from the private sector real- nancing is often a requirement just to bid on In closing, I would stress that Eximbank's ize you try and get business where you a contract. To sweeten the financing terms for role in U.S. trade finance reflects the almost can. potential buyers, many foreign export credit instinctive American philosophical preference The fact is, U.S. companies which agencies eagerly offer officially backed loans for open markets and open trade. As GAO cannot obtain financing without Exim or guarantees as a way to cinch the deal for testified before the Banking Committee, would either lose the business or would their own country's exporters. At other times, Eximbank functions as a lender of last resort partner with foreign companies who the requirement of official financing for the im- to American exporters. But while Congress had more favorable financing terms port of goods and services is simply written has mandated that Eximbank complement the from their home countries. That would into the terms of the foreign contract. market and not compete with the private sec- be at the expense of both the United If the United States is to remain the world's tor, other well-supported export credit agen- States economy and U.S. workers at preeminent exporter, which I am sure is the cies have historically demonstrated less fidelity home. goal of every Member in this body, then Amer- to the precepts or free markets of fair trade. I would encourage my colleagues not ican companies and American workers need Without Eximbank, American exporters listen to these cries of corporate wel- the support of Eximbank to defend themselves would be left defenseless in the face of ag- fare but to look at the facts, look at against foreign government-supported com- gressive officially financed foreign competition. what really has been laid on the table, petition. And that competition is substantial. The ability of American firms to win contracts, because the opponents of this in the According to the General Accounting Office market-share, and follow on deals in important hearings before the committee brought [GAO], no less than 73 export credit agencies emerging market economiesÐand the high no evidence whatsoever to the contrary now exist worldwide. Yet the United States de- paying jobs that support those exportsÐwould that Exim does, in fact, create U.S. votes fewer resources to trade finance than be placed in jeopardy. Congress needs to re- jobs and protect U.S. jobs. our competitors. For example, in terms of the authorize Eximbank to help continue to reduce Mr. CASTLE. Mr. Chairman, I yield 1 percentage of national exports financed by the export credit subsidies and make international minute to the gentleman from Michi- G±7 industrialized countries, Eximbank is tied trade more market-oriented. I urge support for gan [Mr. SMITH], in a sense of fairness for last. In 1995, Eximbank supported 2 per- this important legislation. and comity, because he is on the other cent of total U.S. exports. By contrast, Japan Mr. FLAKE. Mr. Chairman, I yield 2 side of this. supported 32 percent of its countries exports minutes to the gentleman from Texas b 1430 that year, with France second at 18 percent. [Mr. BENTSEN]. That lower level of spending is also consist- (Mr. BENTSEN asked and was given Mr. SMITH of Michigan. Mr. Chair- ent with a U.S. preference for fair competition permission to revise and extend his re- man, I rise to address the issue of cor- in free markets. Again according to GAO, un- marks.) porate welfare. like Eximbank, other export credit agencies Mr. BENTSEN. Mr. Chairman, let me The Export-Import Bank subsidizes ``appear to compete to varying degrees with thank my colleague, the gentleman loans and loan guarantees to American private sources of export financing. They do from New York [Mr. FLAKE], and con- exporters and it has cost hundreds of September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8195 millions of dollars. The experts agree in the face of unfair international competition, as we want it to be, we are going to Ex-Im Bank should be abolished. the U.S. government doesn't have a right to have to export more and more. Small The Congressional Budget Office use tax dollars to match equally stupid sub- companies can begin if they have help, makes the following observation: Ex- sidies.'' if they can get that insurance, if they Im Bank has lost $8 billion on its oper- Eximbank's financial statements show that have that initial financing. Then, once ation, practically all in the last 15 the Bank has paid $3.8 billion in claims from they become exporters and become years. ‘‘Little evidence exists that the 1980±94. These dollars paid off commercial savvy in the way of exporting, they can bank’s credit assistance creates jobs.’’ banks who couldn't collect from foreign bor- be on their own. But right now the ex- ‘‘Providing subsidies to promote ex- rowers. American taxpayers took the hit. port-import financing is so important, ports is contrary to the free market. It Exports financed by Eximbank actually hurt especially in developing countries. subsidizes big companies at the loss of competitive U.S. exporters not selected for The Bank has a very good record of small companies.’’ subsidies. The Bank chooses winners and los- using taxpayer resources. Its loan loss The Heritage Foundation rec- ers in the economy. The only winners are se- ratio of 1.9 percent compares favorably ommends that Congress close down the lected foreign consumers and selected U.S. to commercial loans that are made by Export-Import Bank. Heritage further corporations. banks. The mission of the Export-Im- states, ‘‘Subsidized exports promote The Eximbank is a prime example of cor- port Bank is simple: Create jobs by in- the business interests of certain Amer- porate welfare. The majority of Eximbank sub- creasing exports. I urge my colleagues to vote for this ican businesses at the expense of other sidies go to Fortune 500 companies that could reauthorization. Americans.’’ easily afford financing from commercial banks: Mr. CASTLE. Mr. Chairman, I yield 1 Mr. Chairman, I think it needs to be BoeingÐover $2 billion worth of loan guaran- minute to the gentleman from Indiana closed down. I do not think we can tees; McDonnell DouglasÐ$647 million; Wes- [Mr. ROEMER]. close it down all at once. It needs to be tinghouse ElectricÐ$492 million; General Mr. FLAKE. Mr. Chairman, I yield 1 phased out, but let us alert ourselves ElectricÐ$381 million; and At&TÐ$371 mil- minute to the gentleman from Indiana to what is happening. We are subsidiz- lion. [Mr. ROEMER]. ing huge corporations at the expense of To raise funds for its lending and guarantee Mr. ROEMER. Mr. Chairman, I rise small business. programs, Eximbank puts additional pressure in strong support of the reauthoriza- Mr. Chairman, I rise to address the issue of on Treasury borrowing, driving up interest tion of the Exim Bank, and I do so for corporate welfare. As we eliminate the fat from rates for private borrowers. That's all of us. the following reason: the Federal budget, we should recommit our- From a corner barbershop wanting to expand Certainly the economy is doing well. selves to making sure all projects and pro- to a young family trying to finance their first Nobody can argue that. But we are not grams are closely examinedÐnot just the po- home. We all pay the price. doing well enough in terms of manufac- litically easy ones. Sadly, there's more. turing products in the United States, The Export-Import Bank [Eximbank] sub- Eximbank appears to have wasted money in terms of the $114 billion trade deficit sidizes loans and loan guarantees to Amer- on frivolous items as well. After 50 years with projected for this year, and in terms of ican exporters. These corporate welfare sub- the same agency logo, Eximbank decided it too big a trade deficit with the Japa- sidies have been appropriated $787 million for needed a new one. Designing a new logoÐin- nese and the Chinese. 1996. cluding creation, copyright search, and the re- So some might come to the floor and The experts agree; Eximbank should be design of Bank brochures and literatureÐcost say, well, we need to eliminate the abolished. nearly $100,000 last year. Exim Bank. That is exactly the wrong The Congressional Budget Office makes the And in 1993, Eximbank spent $30,000 to thing to do. The accusations here on following observations: train 20 employees how to speak in publicÐ the floor about corporate welfare, Eximbank ‘‘has lost $8 billion on its oper- including chairman Kenneth Brody. An outside about exporting jobs, about foreign aid ations, practically all in the last 15 years’’; consultant was paid $3,000 a day for this task. are absolutely wrong. Little evidence exists that the bank’s cred- Mr. Chairman, I believe Government The Exim Bank, while not a perfect it assistance creates jobs; shouldn't choose winners in the economy. tool yet, is moving in absolutely the Providing subsidies to promote exports is With Eximbank, the big winners are foreign right direction to manufacture more contrary to the free-market policies the products in this country. There is a re- United States advocates. consumers, large corporations, and profes- sional speech coaches. The losers are Amer- quirement in the charter, that the The Congressional Research Service writes ican taxpayers. product must be manufactured in the that: Mr. Chairman, it's time to derail this gravy good old United States of America. Second, Mr. Chairman, we are seeing Most economists doubt that a nation can train. improve its welfare over the long run by sub- Mr. FLAKE. Mr. Chairman, I yield more and more of the business, in sidizing exports; terms of transactions, move to small 11⁄2 minutes to the gentlewoman from At the national level, subsidized exports fi- businesses. Eighty-one percent of Connecticut, Mrs. KENNELLY. nancing merely shifts production among sec- Exim’s transactions went to small Mrs. KENNELLY of Connecticut. Mr. tors within the economy, rather than adding businesses. Almost 2,000 small business Chairman, I urge my colleagues today to the overall level of economic activity; transactions took place. The number of Export financing ‘‘subsidizes foreign con- to reauthorize the Export-Import Bank first-time small businesses in the Exim sumption at the expense of the domestic for one very, very important reason, financing, 411, and many of those in my economy’’; and that is because it will create jobs. Subsidizing financing ‘‘will not raise per- great State of Indiana. In my home State of Connecticut the So if my colleagues are concerned, manently the level of employment in the bank has already supported $251 mil- economy . . . Republicans and Democrats, about a lion in exports from almost 100 local The Heritage Foundation recommends Con- $115, $114 billion projected trade deficit, companies. Not big companies, small if we are concerned about corporate gress close down the Export-Import Bank. companies. In short, these exports Heritage further states: welfare, if we are concerned about mean jobs. more small businesses getting in on Subsidized exports promote the business Connecticut is far from alone in ben- these transactions, if we are concerned interests of certain American businesses at efitting from the Export-Import Bank. the expense of other Americans; about making products in the good old Little evidence exists to demonstrate that Over the last 5 years, the Bank has sup- USA, let us work together to make the subsidized export promotion creates jobs—at ported over $76 billion in foreign sales Exim Bank be a product, a tool, an in- least net of the jobs lost due to taxpayer fi- of American products which supported strument more of our trade policy in nancing and the diversion of U.S. resources almost 200,000 jobs. The Bank produces addressing these things. While not per- in to government-favored export activities these results by providing loans and in- fect, it is moving in this direction. at the expense of non-subsidized business. surance to help American companies Mr. FLAKE. Mr. Chairman, I yield According to Heritage, phasing out sub- export products, and this point is very, 11⁄2 minutes to the gentleman from New sidies will save 2.3 billion over 5 years. very important. Jersey [Mr. MENENDEZ]. The director of regulatory studies at the We do, in fact, live in an inter- (Mr. MENENDEZ asked and was Cato Institute calls the subsidy activity of national world. If we are to keep our given permission to revise and extend Eximbank ``corporate pork.'' He stated, ``Even standard of living in the United States his remarks.) H8196 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Mr. MENENDEZ. Mr. Chairman, I total transactions are with small busi- Further, I was pleased to learn that H.R. thank the gentleman for yielding me nesses, 60 percent since 1992. 1370 is targeting small businesses. It is very this time. In sub-Saharan Africa we have made important that small businesses do not feel left In the years to come, our domestic a decided difference in helping to en- our of this economic boom because they have fortunes will be directly tied to our hance economic development with our become an important engine of the economy place in the global marketplace, and own community of businesses there in which account for half of our gross domestic those countries that get a foothold Africa. And, yes, this is about jobs, product while employing 54 percent of the pri- today in the major markets of tomor- 200,000 jobs. Jobs in the West, jobs in vate work force. In fact, a recent study by the row will be the ones that thrive. Houston, jobs in the Midwest, in South Export-Import Bank shows that 81 percent of If Japan becomes the major supplier Dakota, in Michigan, in New York, in the Banks total transactions were with small of telecommunications technology to Atlanta, and all over this country peo- businesses. This is an increase of 60 percent South American countries, for exam- ple are benefiting with jobs because of since 1992. ple, whose technology will become the Export-Import Bank reauthoriza- Being a adamant supporter of increasing their standard? Whose spare parts will tion act. trade with Africa, I am pleased to see the pro- they buy in the years to come? And I would simply say to those who vision for promoting the Bank's financial com- who will they call to upgrade their sys- would argue corporate welfare, the fact mitments in sub-Saharan Africa under the tems in the next century? Japan. But is that Americans who work look to us Bank's program. Africa has been neglected by with the support of the Export-Import to keep working to provide jobs. This this Congress in terms of trade and economic Bank, they will be calling us in the 21st bill will do this, Mr. Chairman. This is development for far to long. I think this is a century, and our kids and grandkids the right action to reauthorize this step in the right direction by the Export-Import will be making the technology. That is bill. Bank. America’s future. Mr. Chairman, I am gratified to have The mission of the Export-Import had just a small time to work with the Some have labeled this program to be cor- Bank in this process is simple but criti- gentleman from New York [Mr. FLAKE]. porate welfare, others have argued that it is cal: finance U.S. exports where com- He is someone that is not only prac- inefficient. In fact, Export-Import Banks' role mercial banks cannot or will not be- tical but is compassionate. I pay trib- cannot be dismissed. Over the last 5 years, cause of unfair foreign subsidies. If and ute to him, because of the great leader- the Bank has supported over 76.3 billion in ex- when our trading partners throughout ship that he has shown in this Con- ports, which in turn supported almost 200,000 the world reduce their export pro- gress. jobs directly and over 1 million indirectly each And might I say that I have his won- grams, then we might begin looking at year. This is a good deal for the U.S. Tax- derful family in Acres Home, TX, in modifying ours. But in today’s world, a payers. the 18th Congressional District, which show of anything less than the strong- I represent. He is a friend, but he is a My colleagues, all the evidence highlights est support for our Export-Import friend of all Americans. And I thank the continued need for the Export-Import Bank would be a sign of unilateral eco- the gentleman from Delaware [Mr. Bank. If the reauthorization of the Export-Im- nomic disarmament. port Bank is denied it would put U.S. compa- CASTLE] for working as well with him This is about jobs. It is why Repub- on this very, very important legisla- nies at a disadvantage in that every other de- licans and Democrats alike are getting tion. veloped country has an export credit agency. up to support it. It is about American Mr. Chairman, I rise today in support of H.R. If the Export-Import Bank is disbanded, it will jobs that will feed American families, 1370, the Export-Import Bank Reauthorization put U.S. exporters at an unacceptable dis- that will pay American mortgages, Act. My colleagues, in today's highly competi- advantage. It would be foolhardy and dan- that will send the kids to school. So I tive global marketplace the reauthorization of gerous to unilaterally disarm U.S. exporters. I urge my colleagues to send a strong the Export-Import Bank will ensure that U.S. urge my colleagues to support H.R. 1370 to signal that America is not going to companies have the ability to compete globally ensure the reauthorization of the Export-Import stand down in this competition for new and compete against other countries which Bank. Thank you. export markets; that we are going to subsidize their exports. Mr. FLAKE. Mr. Chairman, I yield be able to stand up on behalf of Amer- The Export-Import Bank has proven to be a myself such time as I may consume to ican jobs and get this bill reauthorized. productive tool in selling American-made prod- comment that the gentlewoman does Mr. FLAKE. Mr. Chairman, I yield ucts overseas. Over the past 5 years the Ex- much to squeeze much out of a minute. 11⁄2 minutes to the gentlewoman from port-Import Bank has helped to sell more than 1 Texas [Ms. JACKSON-LEE]. Mr. Chairman, I yield 1 ⁄2 minutes to $76 billion in U.S. exports in the world. In our the gentlewoman from North Carolina (Ms. JACKSON-LEE of Texas asked global economy, opportunities for American [Mrs. CLAYTON]. and was given permission to revise and trade with fast growing emerging economies extend her remarks.) around the globe have never been greater, Mrs. CLAYTON. Mr. Chairman, I Ms. JACKSON-LEE of Texas. Mr. and the stakes for U.S. business and labor in thank the gentleman for yielding me Chairman, I thank the gentleman for competing effectively for those markets have this time, and I want to also add my yielding me this time. never been higher. The United States major personal tributes to the gentleman This is not a selfish stance I take, trading competitors, with strong and abundant from New York [Mr. FLAKE] who will Mr. Chairman. This is one that really support from their governments are working to be leaving us; and I also want to com- comports with what we should be doing win these markets for their own. The Export- mend both the chair of the subcommit- in the U.S. Congress. I support the Import Bank is a key tool in our economic ar- tee, along with him, in bringing this work of the gentleman from Delaware senal, and ensures that U.S. companies have reauthorization bill here. [Mr. CASTLE] and the ranking member, a competitive edge. We create jobs through promoting the gentleman from New York [Mr. In Texas, the impact of these exports on our trade. By maintaining an effective FLAKE] to avoid a shutdown of the Ex- economy is significant. In my district, Export- marketing promotion program, we can port-Import Bank, and offer that we Import Bank financing has helped small textile more effectively compete globally. should reauthorize it. We should extend manufacturing companies, to the large petro- Export promotion programs are pro- it for another 4 years. I wish we could chemical and energy companies, as it exports ducing unprecedented gain. The bal- do it for more. But $76 billion is not abroad. Texas companies sell the second ance of trade deficit compels us to take something to sneeze at. This is what highest level of exports in our Nation. The Ex- a close look at American trade policy has been generated by this bank in eco- port-Import Bank helps to ensure that our nomic opportunity for American com- State will continue to prosper and sell more and at the institution responsible for panies. Texas-made products. carrying out those policies. But we Additionally, in Texas it has helped I strongly believe that the Export-Import should not ignore the fact that the best textile manufacturing and petrochemi- Bank is a good investment by our taxpayers. opportunity for growth in America lies cal and energy companies in my dis- The Export-Import Bank works to level the beyond the borders of the United trict. I am delighted to emphasize that playing field for U.S. companies and only tar- States. small businesses are, in fact, also tar- gets those investments where our private cap- There are some who question the wis- geted; that 81 percent of the bank’s ital markets have failed to serve. dom of investing in global competition; September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8197 whether we should continue the Ex- the ranking member of our subcommit- raised by my colleagues here. The tax- port-Import Bank. I think that ques- tee, the gentleman from New York [Mr. payers would save no money by closing tioning is really shortsighted. There is FLAKE]. We said goodbye to him on the the Eximbank. A very credible study much to be had. floor about a week ago and here he is by the Economic Strategy Institute Look at the Pacific Rim, where two- back again. But that shows us some- suggested, after 10 years, closing the thirds of the world’s commerce flows. thing about just how good he is. bank would actually cost the Federal How can we ignore that? Look at Mr. FLAKE. Mr. Chairman, will the Government $24 billion annually due to China. One and a half billion citizens, gentleman yield? the loss of Federal tax revenues that potential consumers of American prod- Mr. CASTLE. I yield to the gen- are generated by bank-approved ex- ucts, producing American jobs. Look at tleman from New York. ports and their indirect effect on the India, where people buy products and Mr. FLAKE. Mr. Chairman, I would Nation’s economy. And that is very, services, with a middle class larger just say to the gentleman, that is poli- very important. than the United States. We cannot ig- tics. We need to understand all the eco- nore that. America must be involved in Mr. CASTLE. Mr. Chairman, reclaim- nomic ramifications of this, and I that. ing my time, the gentleman is a tre- think that has been well studied and How must we be involved in that? mendous asset to this House and, un- well demonstrated. The Export-Import Bank of the United fortunately, it is the good people who Mr. SMITH of Michigan. Mr. Chair- States provides fertile ground and op- we tend to lose in circumstances like man, will the gentleman yield? portunity for those companies having this, and he will be missed tremen- Mr. CASTLE. I yield to the gen- that vision and who will take the time dously. I have enjoyed working with tleman from Michigan. him in every way possible. to venture out in those foreign mar- Mr. SMITH of Michigan. Mr. Chair- I will not add too much more to what kets. Their emphasis should be, indeed, man, just according to the Heritage has already been stated on this legisla- Foundation, phasing out subsidies will on exports, because jobs are created as tion. I think there is some confusion save $2.3 billion over 5 years. a result of that. about what we are dealing with. We are Yes, I say we should vote to reau- Mr. CASTLE. Mr. Chairman, reclaim- not dealing with OPIC. We are not thorize the Export-Import Bank and ing my time, I thank the gentleman dealing with foreign policy. I think the vote also ‘‘yes’’ on the LaFalce amend- from Michigan [Mr. SMITH]. gentleman from New York [Mr. LA- ment. Obviously, that kind of discussion is FALCE] made that comment. This is Mr. FLAKE. Mr. Chairman, I yield money that would be foregone, not not a foreign policy instrument. spent. But it does not use the offset of myself such time as I may consume to We are going to see amendments here the revenue that comes in from the close the debate by urging all my col- in a little while which would make one jobs which are created, which produces leagues to understand the valuable re- think it is a foreign policy instrument the $24 billion net surplus to the Fed- source that that Export-Import Bank in which we will try to impose our dif- eral coffers as a result of the tax pay- is; to understand that we, as a nation, ferent standards on various countries, ments which are made. cannot afford to not be in a position to some of which we will oppose, some of We have dealt with the issues of the be globally competitive, and that our which we will swallow on a little bit, distorting of free trade, does it do that. small businesses are in great need of but all of which, I think, are a little bit No, it does not. It is actually making the resources that are provided by this dubious in terms of what this policy trade more market driven than it oth- Bank. should be. This truly is what it may be erwise would be. The so-called tied aid This is not an entity where we are renamed to, which is an export bank export promotion offered by foreign giving money away; therefore, any ar- for the United States to help our busi- governments worldwide has declined 75 gument for corporate welfare is not nesses, large and small. consistent with what the Eximbank is. I think it is important to understand percent by 1991, a dramatic U.S. policy As a matter of fact, this Bank actually there has been a change in the mindset success. We have heard some mention brings resources back to the Nation. at the Eximbank, and that is that of that. The gentleman from California Dollars that are invested actually small businesses need to be served. [Mr. DREIER] is very concerned about bring money back to this country. It There has been a mindset change al- that issue, and I am too. I think we have had some modicum creates jobs in this country. It is a ready, and we have also put it into this of success in trying to deal with that major economic development vehicle. legislation as well, as well as some of issue and drive it down as well as some So it is my hope that all my col- the other amendments that were put of the other things that we have done, leagues will understand that it is im- on at the committee level which were and I think that is the way that we portant for us to put this Nation in a discussed today, to make sure that we should go. competitive situation, put our small are encouraging this Bank to help We deal with Eximbank’s policy on businesses in the best possible posture American businesses, dealing with domestic content. The bank currently so that they are not competing against Americans, giving jobs in America, and only finances products at no more than governments of other nations. giving jobs particularly to the small 15 percent foreign content. The bank I am pleased to have served in this businesses in our country. last term of Congress with the gen- will only finance the U.S. portion of tleman from Delaware [Mr. CASTLE] as b 1445 the export. So we have paid attention my chairman; with the gentleman from While in the past some of our large to what happens in the United States Iowa [Mr. LEACH] as chairman of the companies have dominated and to some of America. Committee on Banking and Financial degree still do dominate the loan scene We are paying more attention to the Services; with the gentleman from with the Eximbank, that is changing environmental guidelines. Quite frank- Texas [Mr. GONZALEZ] preceding him; very, very rapidly. I think if we can ly, I think a lot of this is because of with the gentleman from New York chart that pace of change, we will see the pressure which has been applied by [Mr. LAFALCE], and others who I have that the small businesses are now shar- the Congress of the United States. We had an opportunity to work with. ing dramatically. are concerned about labor laws. We are This probably is my last bill on the Plus, I think, from comments of the concerned about jobs. So we are con- floor, but my calling to ministry super- gentleman from Illinois [Mr. cerned about environmental laws and sedes my election here, so I leave by MANZULLO], we saw what it means to regulations in this country. We are saying I am grateful for the oppor- the various suppliers to one company raising these issues. And this is one tunity to have served. where the suppliers are all over the agency which has responded to it and Mr. Chairman, I yield back the bal- United States of America producing which has come forward and said that ance of my time. jobs in various parts of the country, we are going to make the changes, and Mr. CASTLE. Mr. Chairman, I yield and I think that is every bit equally as they have started to make the changes myself such time as I may consume. important. and, in my judgment, is worthy of the I would like to start by standing in Would taxpayers save money if we support of each and every one of us in praise of our distinguished colleague, closed Eximbank? That issue has been Congress. H8198 CONGRESSIONAL RECORD — HOUSE September 30, 1997 We do have, I believe, 7 amendments jobs during that period. In other words, it laid today. We would not need the Eximbank to which will be coming up here shortly. I off 1¤3 of its workforce, despite being the top level the playing field. hope the Members will listen to the recipient of Exim aid. However, the fact remains that the discussion of those 7 amendments, General Electric [GE] is listed as the No. 2 Eximbank finances American exports where keeping in mind the mannerisms in recipient of Exim aid. In 1975 GE had 667,000 commercial financing is simply not available or which this bank has already worked American workers. Twenty years later, it had competitive and where, without Government and whether or not we should make 398,000, a decline of 269,000 jobs. General action, the sale would be lost. The Eximbank substantial changes which could be Electric is well known for its politics of moving does this at a low cost to the taxpayers and harmful to it. And then at the end of it GE jobs to anyplace in the world where it can with a tremendous positive impact on the all, I hope we can have votes where we get cheap laborÐMexico, China, and other American economy. Last year alone, need to on the amendments and vote poor Third World countries. Eximbank supported over 200,000 high quality for full support of the reauthorization As for AT&T, in 1995 AT&T laid off 40,000 American jobs. of the Eximbank for the next 4 years. workers. Interestingly enough, reports show It is also important to note that the Mr. SANDERS. Mr. Chairman, I rise in sup- that in that same year, AT&T provided its Eximbank is not a giveaway program. The port of H.R. 1370, the Export-Import Bank re- CEO, Robert Allen, with $15 million in options Bank must be repaid every dollar it lends, and authorization bill, because I believe that the plus a $11 million grant. has had a default rate of only 1 percent over Export-Import Bank will have been made bet- The point here is that the entire approach of the last 15 years. This is significantly better ter as a result of amendments which were Exim in terms of job creation is too narrow. than our own commercial banks have per- added to its authorization bill during its consid- They approach the idea of jobs through ex- formed over the same period of time. eration of the Banking Committee. ports on a project-by-project basis, and ignore Last week I met with Mr. James Harmon, I am very pleased that the committee ap- the totality of what the company is doing. This the new president of Eximbank. Frankly, I was proved an amendment that directs the Export- amendment, on the other hand, expands impressed with his determination to institute Import Bank [Exim] to establish procedures to Exim's focus when making the determination management and policy changes at the Bank ensure that, when selecting firms to provide fi- as to how many jobs a transaction will sup- that will make it an even better value for the nancial assistance, preference is given to any port. This amendment directs the Export-Im- taxpayers. He has some great innovative firm which has shown a commitment to rein- port Bank's to look at the totality of the situa- ideas that will help make American companies vestment and job creation in the United tion regarding a company's commitment to job even more competitive in the 21st century. I States. Because the purpose of Exim is to creation in the United States, and not just a look forward to working with him and I urge support U.S. jobs through exports, the Bank particular project. In other words, if there is a my colleagues to vote against unilateral eco- should give preference to U.S. corporations company that is showing a commitment to job nomic disarmament and vote in favor of reau- which reinvest and support jobs in the United creation and reinvestment in the United thorizing the Export-Import Bank. States, as opposed to corporations which are States, then that company should receive pref- Mr. CASTLE. Mr. Chairman, I yield laying off American workers only to locate pro- erence for assistance. back the balance of my time. duction and other facilities in countries which At a time when the Congress is working The CHAIRMAN. Pursuant to the have less expensive, unprotected workforces. very hard to balance the budget, it seems only rule, the committee amendment in the This preference provision gets at, I believe, right that if U.S. taxpayer funds are to be used nature of a substitute printed in the the heart of the issue of the relationship be- to support U.S. corporations' exports, then in- bill shall be considered as an original tween the U.S. Government, the taxpayers of centive and priority must be given to those bill for the purpose of amendment this country and corporate America. A number corporations to reinvest and support jobs in under the 5-minute rule and shall be of Federal programs are being criticized, in- the United States. A preference system, as considered read. side and outside Congress, as corporate wel- provided by this amendment, would provide The text of the committee amend- fare and these programs are being targeted such an incentive to corporations, while at the ment in the nature of a substitute is as for spending cuts by people with widely dif- same time, allowing the Bank some discretion follows: ferent political philosophies. The Export-Import in implementation, to ensure that both the pur- H.R. 1370 Bank is one of those programs. pose of the Bank and this amendment are ful- Be it enacted by the Senate and House of Rep- The Journal of Commerce reported on June filled. resentatives of the United States of America in Congress assembled, 12, 1997, that Exim, like the rest of the coun- TWO REPRESENTATIVES FROM THE LABOR COMMUNITY SECTION 1. EXTENSION OF AUTHORITY. ON THE ADVISORY BOARD OF THE EXPORT-IMPORT BANK try, is presently facing a money crunch. The Section 7 of the Export-Import Bank Act of journal reports that Exim: ``faced with strong The committee also approved an amend- 1945 (12 U.S.C. 635f) is amended by striking exporter demand, may run out of money this ment which directs the Export-Import Bank to ‘‘1997’’ and inserting ‘‘2001’’. fiscal year as early as July, officials indicate. include upon its advisory committee no less SEC. 2. TIED AID CREDIT FUND AUTHORITY. Next year, the money squeeze could be than two representatives from the labor com- (a) Section 10(c)(2) of the Export-Import worse.'' It seems clear that it is time for the munity. Bank Act of 1945 (12 U.S.C. 635i–3(c)(2)) is Export-Import Bank to prioritize; this money Because the purpose of the Export-Import amended by striking ‘‘through September 30, squeeze should indicate to us that there is ac- Bank is to support U.S. jobs through exports, 1997’’. (b) Section 10(e) of such Act (12 U.S.C. 635i– tually a need for a system of priorities, such it is important to have two members represent- 3(e)) is amended by striking the first sen- as that in this amendment, to ensure that ing the American workforce on the advisory tence and inserting the following: ‘‘There are companies which are the most committed to committee to ensure that the influence of the authorized to be appropriated to the Fund jobs in the U.S. are given preference over advisory committee is more evenly balanced such sums as may be necessary to carry out companies that are not. for the sake of U.S. workers. the purposes of this section.’’. It is becoming too common for U.S. corpora- Mr. ARCHER. Mr. Chairman, I rise today in SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE tions, including corporations which are sup- support of reauthorization of the Export-Import FINANCING FOR THE EXPORT OF NONLETHAL DEFENSE ARTICLES OR ported by Exim, to downsize their U.S. Bank of the United States. This institution is SERVICES THE PRIMARY END USE workforce and move their production facilities absolutely vital for our Nation in order to keep OF WHICH WILL BE FOR CIVILIAN to take advantage of cheap labor in other American companies and workers competitive PURPOSES. countries. According to information from Exim, in the world marketplace. Section 1(c) of Public Law 103–428 (12 among the top 25 companies which receive My philosophy on trade has always been U.S.C. 635 note; 108 Stat. 4376) is amended by striking ‘‘1997’’ and inserting ‘‘2001’’. assistance from Exim are Boeing, General that we should take every step possible to SEC. 4. CLARIFICATION OF PROCEDURES FOR Electric, and AT&T. A brief look at the employ- make it free and fair for all countries, and that DENYING CREDIT BASED ON THE NA- ment practices of these corporations under- purchases should be made based on quality, TIONAL INTEREST. scores the need for an amendment which price and service. I firmly believe that, under Section 2(b)(1)(B) of the Export-Import gives preference to corporations that show a such circumstances, American companies will Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is commitment to employment in the United excel. Unfortunately, as my colleagues know, amended— (1) in the last sentence, by inserting ‘‘, States. this is not always the case today. In a perfect after consultation with the Committee on Boeing is the top recipient of Exim loans world, France, Germany, Japan, England, and Banking and Financial Services of the House and guarantees. Reports indicate that in 1990 our other competitors would not provide unfair of Representatives and the Committee on Boeing had 155,900 employees. In 1996, it advantages to their exporters. If that were the Banking, Housing, and Urban Affairs of the had 103,600 employeesÐa decline of 52,300 case, we would be having a different debate Senate,’’ after ‘‘President’’; and September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8199 (2) by adding at the end the following: SEC. 9. FIRMS THAT HAVE SHOWN A COMMIT- McIntyre Pomeroy Strickland ‘‘Each such determination shall be delivered MENT TO REINVESTMENT AND JOB McKinney Poshard Stupak in writing to the President of the Bank, shall CREATION IN THE UNITED STATES McNulty Rangel Tauscher Meehan Reyes Thompson state that the determination is made pursu- TO BE GIVEN PREFERENCE IN FI- NANCIAL ASSISTANCE DETERMINA- Millender- Rothman Thurman ant to this section, and shall specify the ap- TIONS McDonald Roybal-Allard Tierney plications or categories of applications for Section 2(b)(1) of the Export-Import Bank Miller (CA) Sanchez Torres credit which should be denied by the Bank in Act of 1945 (12 U.S.C. 635(b)(1)), as amended Mink Sawyer Towns furtherance of the national interest.’’. Moakley Schumer Turner by section 8 of this Act, is amended by add- Neal Serrano Velazquez SEC. 5. ADMINISTRATIVE COUNSEL. ing at the end the following: Oberstar Shadegg Vento Section 3(e) of the Export-Import Bank Act ‘‘(J) The Board of Directors of the Bank Obey Sherman Waters of 1945 (12 U.S.C. 635(e)) is amended— shall prescribe such regulations and the Olver Slaughter Watt (NC) (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and Bank shall implement such procedures as Owens Smith, Adam Waxman (2) by adding at the end the following: may be appropriate to ensure that, in select- Pascrell Snyder Weygand ‘‘(2) The General Counsel of the Bank shall Pastor Spratt Woolsey ing from among firms to which to provide fi- Payne Stabenow Wynn ensure that the directors, officers, and em- nancial assistance, preference be given to ployees of the Bank have available appro- Pelosi Stark any firm that has shown a commitment to Peterson (MN) Stenholm priate legal counsel for advice on, and over- reinvestment and job creation in the United sight of, issues relating to ethics, conflicts of States.’’. NOES—291 interest, personnel matters, and other ad- Aderholt Ehlers Latham ministrative law matters by designating an The CHAIRMAN. No amendment Armey Ehrlich LaTourette attorney to serve as Assistant General Coun- shall be in order except those printed Bachus Emerson Lazio sel for Administration, whose duties, under in House Report 105–282, which may be Baesler Engel Leach the supervision of the General Counsel, shall considered only in the order specified, Baker English Lewis (CA) be concerned solely or primarily with such Ballenger Evans Lewis (KY) may be offered only by a Member des- Barcia Everett Linder issues.’’. ignated in the report, shall be consid- Barr Ewing Lipinski SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHA- ered read, shall be debated for the time Barrett (NE) Fawell Livingston RAN AFRICA. specified in the report, equally divided Bartlett Flake LoBiondo (a) IN GENERAL.—Section 2(b) of the Ex- Barton Foley Lofgren port-Import Bank Act of 1945 (12 U.S.C. and controlled by the proponent and an Bass Forbes Lucas 635(b)) is amended by inserting after para- opponent, shall not be subject to Bateman Fowler Luther graph (8) the following: amendment, and shall not be subject to Bentsen Fox Manton Bereuter Franks (NJ) Manzullo ‘‘(9)(A) The Board of Directors of the Bank a demand for division of the question. Berman Frelinghuysen Mascara shall take prompt measures, consistent with The Chairman of the Committee of Bilbray Gallegly McCarthy (NY) the credit standards otherwise required by the Whole may postpone a request for a Bilirakis Ganske McCollum law, to promote the expansion of the Bank’s Bliley Gekas McCrery financial commitments in sub-Saharan Afri- recorded vote on any amendment and Blumenauer Gibbons McDade ca under the loan, guarantee, and insurance may reduce to a minimum of 5 minutes Blunt Gilchrest McHale programs of the Bank. the time for voting on any postponed Boehlert Gillmor McHugh Boehner Gilman McInnis (‘‘(B)(i) The Board of Directors shall estab- question that immediately follows an- Bonilla Goode McIntosh lish and use an advisory committee to advise other vote, provided that the time for Bono Goodlatte McKeon the Board of Directors on the development voting on the first question shall be a Boswell Goodling Menendez and implementation of policies and programs minimum of 15 minutes. Boucher Gordon Metcalf designed to support the expansion described Brady Goss Mica in subparagraph (A). PREFERENTIAL MOTION OFFERED BY MR. Brown (CA) Graham Miller (FL) ‘‘(ii) The advisory committee shall make MC DERMOTT Brown (FL) Granger Minge Bryant Greenwood Mollohan C recommendations to the Board of Directors Mr. M DERMOTT. Mr. Chairman, I Bunning Gutknecht Moran (KS) on how the Bank can facilitate greater sup- move that the Committee do now rise. Burr Hall (OH) Moran (VA) port by United States commercial banks for The CHAIRMAN. The question is on Burton Hall (TX) Morella trade with sub-Saharan Africa. the motion offered by the gentleman Buyer Hamilton Murtha ‘‘(iii) The advisory committee shall termi- Callahan Hansen Myrick from Washington [Mr. MCDERMOTT]. nate 4 years after the date of the enactment Calvert Hastert Nethercutt of this subparagraph.’’. The question was taken; and the Camp Hastings (WA) Neumann Campbell Hayworth Ney (b) REPORTS TO THE CONGRESS.—Within 6 Chairman announced that the noes ap- Canady Hefley Northup months after the date of the enactment of peared to have it. Cannon Herger Nussle this Act, and annually for each of the 4 years RECORDED VOTE Castle Hill Ortiz thereafter, the Board of Directors of the Ex- Chabot Hobson Oxley port-Import Bank of the United States sub- Mr. MCDERMOTT. Mr. Chairman, I Chambliss Hoekstra Packard mit to the Congress a report on the steps demand a recorded vote. Chenoweth Holden Pappas that the Board has taken to implement sec- A recorded vote was ordered. Christensen Horn Parker tion 2(b)(9)(B) of the Export-Import Bank Clay Hostettler Paul The vote was taken by electronic de- Clement Houghton Paxon Act of 1945 and any recommendations of the vice, and there were—ayes 128, noes 291, Coble Hulshof Pease advisory committee established pursuant to not voting 14, as follows: Coburn Hunter Peterson (PA) such section. Collins Hutchinson Petri [Roll No. 470] SEC. 7. INCREASE IN LABOR REPRESENTATION Combest Hyde Pickering ON THE ADVISORY COMMITTEE OF AYES—128 Condit Inglis Pickett Conyers Istook Pitts THE EXPORT-IMPORT BANK. Abercrombie Delahunt Hinojosa Cook Jenkins Pombo Section 3(d)(2) of the Export-Import Bank Ackerman DeLauro Hooley Cooksey Johnson (CT) Porter Allen Deutsch Hoyer Act of 1945 (12 U.S.C. 635a(d)(2)) is amended— Costello Johnson, E. B. Portman Andrews Dingell Jackson (IL) (1) by inserting ‘‘(A)’’ ‘‘(2)’’; and Cox Johnson, Sam Pryce (OH) Baldacci Doggett Jackson-Lee (2) by adding after and below the end the Cramer Jones Quinn Barrett (WI) Ensign (TX) following: Crane Kanjorski Radanovich Becerra Eshoo Jefferson Crapo Kasich Rahall ‘‘(B) Not less than 2 members appointed to Berry Etheridge John Cubin Kelly Ramstad the Advisory Committee shall be representa- Bishop Farr Johnson (WI) Cunningham Kennedy (MA) Redmond tive of the labor community.’’. Blagojevich Fattah Kaptur Davis (VA) Kildee Regula Bonior Fazio Kennedy (RI) SEC. 8. OUTREACH TO COMPANIES. Deal Kim Riggs Borski Filner Kennelly Section 2(b)(1) of the Export-Import Bank DeLay King (NY) Riley Boyd Ford Kilpatrick Dellums Kingston Rivers Act of 1945 (12 U.S.C. 635(b)(1)) is amended by Brown (OH) Frank (MA) Kind (WI) Diaz-Balart Kleczka Rodriguez adding at the end the following: Capps Frost Levin Dickey Klink Roemer ‘‘(I) The Chairman of the Bank shall design Cardin Furse Lewis (GA) Dicks Klug Rogan Carson Gejdenson Lowey and implement a program to provide infor- Dixon Knollenberg Rogers Clayton Gephardt Maloney (CT) mation about Bank programs to companies Dooley Kolbe Rohrabacher Clyburn Green Maloney (NY) which have not participated in Bank pro- Doolittle Kucinich Ros-Lehtinen Coyne Harman Markey grams. Not later than 1 year after the date of Doyle LaFalce Royce Cummings Hastings (FL) Martinez Dreier LaHood Rush the enactment of this subparagraph, the Danner Hefner Matsui Duncan Lampson Ryun Chairman of the Bank shall submit to the Davis (FL) Hilleary McCarthy (MO) Dunn Lantos Sabo Congress a report on the activities under- Davis (IL) Hilliard McDermott Edwards Largent Salmon taken pursuant to this subparagraph.’’. DeFazio Hinchey McGovern H8200 CONGRESSIONAL RECORD — HOUSE September 30, 1997

Sanders Smith (NJ) Thune ‘‘(1) PROHIBITIONS.— ‘‘(I) by requiring all management level em- Sandlin Smith (OR) Traficant ‘‘(A) IN GENERAL.—In determining, whether ployees and suppliers to participate in a Sanford Smith (TX) Upton to guarantee, insure, extend credit, or par- training program; or Saxton Smith, Linda Visclosky ticipate in the extension of credit with re- ‘‘(II) by disseminating information orally Scarborough Snowbarger Walsh Schaefer, Dan Solomon Wamp spect to the export of goods or services des- and in writing, through posting of an expla- Schaffer, Bob Souder Watkins tined for the People’s Republic of China, the nation of the standards and procedures in Scott Spence Watts (OK) Board of Directors shall give preference to prominent places sufficient to inform all em- Sensenbrenner Stearns Weldon (FL) entities that the Board of Directors deter- ployees and suppliers, in the local languages Sessions Stokes Weldon (PA) mines have established and are adhering to spoken by employees and managers. Shaw Stump Weller the code of conduct set forth in paragraph ‘‘(3) SMALL BUSINESS EXCEPTION.—This sub- Shays Sununu Wexler (2). section shall not apply to an entity that is a Shimkus Talent White ‘‘(B) PENALTY FOR VIOLATION.—The Bank small business (within the meaning of the Shuster Tanner Whitfield Sisisky Tauzin Wicker shall withdraw any guarantee, insurance, or Small Business Act.’’. Skaggs Taylor (MS) Wise credit that the Bank has provided, and shall (b) ANNUAL REPORT.—Section 2(b)(1)(A) of Skeen Taylor (NC) Wolf withdraw from any participation in an ex- such Act (12 U.S.C. 635(b)(1)(A) is amended by Skelton Thomas Young (AK) tension of credit, to an entity with respect adding at the end the following: ‘‘The Bank Smith (MI) Thornberry Young (FL) to the export of any good or service destined shall include in the annual report a descrip- NOT VOTING—14 for the People’s Republic of China if the tion of the actions the Bank has taken to Board of Directors determines that the en- comply with subsection (f) during the period Archer Meek Roukema covered by the report.’’. DeGette Nadler Schiff tity is not adhering to the code of conduct Foglietta Norwood Tiahrt set forth in paragraph (2). (c) RECEIPTS OF ASSISTANCE FROM THE EX- Gonzalez Pallone Yates ‘‘(2) CODE OF CONDUCT.—An entity shall do PORT-IMPORT BANK TO BE PROVIDED WITH RE- Gutierrez Price (NC) all of the following in all of its operations: SOURCES AND INFORMATION TO FURTHER AD- b ‘‘(A) Provide a safe and healthy workplace. HERENCE TO GLOBAL CODES OF CORPORATE 1509 ‘‘(B) Ensure fair employment, including CONDUCT.—The Export-Import Bank of the Messrs. LEWIS of Kentucky, WHITE, by— United States shall work with the Clearing- SANFORD, KINGSTON, and BAESLER ‘‘(i) avoiding child and forced labor, and house on Corporate Responsibility that is changed their vote from ‘‘aye’’ to ‘‘no.’’ discrimination based upon race, gender, na- being developed by the Department of Com- tional origin, or religious beliefs; merce to ensure that recipients of assistance Mr. JOHN, Ms. DELAURO, Mr. ‘‘(ii) respecting freedom of association and from the Export-Import Bank are made PAYNE, Mr. GREEN, Ms. the right to organize and bargain collec- aware of, and have access to, resources and MILLENDER-MCDONALD, Ms. tively; organizations that can assist the recipients DANNER, and Mr. SERRANO changed ‘‘(iii) paying not less than the minimum in developing, implementing, and monitoring their vote from ‘‘no’’ to ‘‘aye.’’ wage required by law or the prevailing indus- global codes of corporate conduct. try wage, whichever is higher; and So the motion was rejected. The CHAIRMAN. Pursuant to House The result of the vote was announced ‘‘(iv) providing all legally mandated bene- fits. Resolution 255, the gentleman from Il- as above recorded. ‘‘(C) Obey all applicable environmental linois [Mr. EVANS] and a Member op- The CHAIRMAN. The Committee will laws. posed each will control 5 minutes. rise informally in order that the House ‘‘(D) Comply with United States and local The Chair recognizes the gentleman may receive a message. laws promoting good business practices, in- from Illinois [Mr. EVANS]. The SPEAKER pro tempore (Mr. cluding laws prohibiting illicit payments and Mr. EVANS. Mr. Chairman, I yield COOKSEY) assumed the chair. ensuring fair competition. ‘‘(E) Maintain, through leadership at all myself such time as I may consume. f levels, a corporate culture— Mr. Chairman, my amendment to the FURTHER MESSAGE FROM THE ‘‘(i) which respects free expression consist- Export-Import Bank reauthorization SENATE ent with legitimate business concerns, and bill directs the Bank to provide a fi- does not condone political coercion in the nancial carrot for firms to adopt, ad- A further message from the Senate workplace; here, and comply with their own busi- by Mr. Lundregan, one of its clerks, an- ‘‘(ii) which encourages good corporate citi- ness standards while operating in nounced that the Senate had passed zenship and makes a positive contribution to the communities in which the entity oper- China. Under this proposal, priority for without amendment a joint resolution Export-Import Bank financing would of the House of the following title: ates; and ‘‘(iii) in which ethical conduct is recog- be granted to firms who have pledged H.J. Res. 94. Joint Resolution making con- nized, valued, and exemplified by all employ- to avoid the use of child or prison tinuing appropriations for the fiscal year ees. labor, avoid discrimination based on 1998, and for other purposes. ‘‘(F) Require similar behavior by partners, The SPEAKER pro tempore. The religion, race, gender, and national ori- suppliers, and subcontractors under terms of gin, respect freedom of association and Committee will resume its sitting. contracts. the right to organize, provide a safe f ‘‘(G) Implement and monitor compliance with the subparagraphs (A) through (F) and healthy workplace, obey applicable REAUTHORIZATION OF THE through a program that is designed to pre- environmental laws, comply with U.S. EXPORT-IMPORT BANK vent and detect noncompliance by any em- and local laws in promoting good busi- The Committee resumed its sitting. ployee or supplier of the entity and that in- ness practices, including laws prohibit- cludes— ing illicit payments, and assure that The CHAIRMAN. It is now in order to ‘‘(i) standards for ethical conduct of em- consider amendment No. 1 printed in ployees of the entity and of suppliers which their business partners in China adhere House Report 105–282. refer to the subparagraphs; to those same principles. AMENDMENT NO. 1 OFFERED BY MR. EVANS ‘‘(ii) procedures for assignment of appro- b 1515 priately qualified personnel at the manage- Mr. EVANS. Mr. Chairman, I offer an In order to qualify for this pref- amendment. ment level to monitor and enforce compli- ance; erence, firms must demonstrate that The CHAIRMAN. The Clerk will des- ‘‘(iii) procedures for reporting noncompli- they are making a good faith effort to ignate the amendment. ance by employees and suppliers; comply with these principles. The The text of the amendment is as fol- ‘‘(iv) procedures for selecting qualified in- board of directors would evaluate a lows: dividuals who are not employees of the en- firm’s qualifications based on guide- Amendment No. 1 offered by Mr. EVANS: tity or of suppliers to monitor compliance, and for assessing the effectiveness of such lines outlined in this amendment. At the end of the bill, add the following: Most companies are aware of these SEC. 10. PREFERENCE IN EXPORT-IMPORT BANK compliance monitoring; ASSISTANCE FOR EXPORTS TO ‘‘(v) procedures for disciplinary action in procedures because they are modeled CHINA TO BE PROVIDED TO COMPA- response to noncompliance; after chapter 8 of the U.S. Federal Sen- NIES ADHERING TO CODE OF CON- ‘‘(vi) procedures designed to ensure that, in tencing Guidelines relating to organi- DUCT. cases in which noncompliance is detected, zational defendants. Those guidelines (a) IN GENERAL.—Section 2 of the Export- reasonable steps are taken to correct the were implemented in 1991 as an incen- Import Bank Act of 1945 (12 U.S.C. 635) is noncompliance and prevent similar non- amended by adding at the end the following: compliance from occurring; and tive for U.S. corporations to prevent ‘‘(f) PREFERENCE IN ASSISTANCE FOR EX- ‘‘(vii) communication of all standards and and detect violations of U.S. laws with- PORTS TO CHINA TO BE PROVIDED TO ENTITIES procedures with respect to the code of con- in their organization. If a firm imple- ADHERING TO CODE OF CONDUCT.— duct to every employee and supplier— ments a compliance system to prevent September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8201 corporate crimes such as bribery or amendment and they state that we en- no ranking of transactions within fraud, the firm can mitigate any fines courage companies to adopt and imple- which preferences would be invoked. incurred in court. As a result, these ment voluntary codes of conduct for This would force Ex-Im Bank to guidelines have been a powerful incen- doing business around the world. In breach its obligations under the full tive for firms to establish ethics codes adopting these voluntary codes of con- faith and credit of the United States, as well as compliance measures. duct, U.S. companies can serve as mod- and would subject the United States The amendment also directs the bank els, encouraging similar behavior by Government to lawsuits. Requiring for- to work with the Commerce Depart- their partners, suppliers and contrac- eign importers to follow U.S. law in ment’s Clearinghouse on Corporate Re- tors. their employment practices and other sponsibility to ensure that the recipi- A mandatory, and that is what we corporate dealings constitutes an inap- ents of financing from the bank are are dealing with here, code of conduct propriate extraterritorial extension of aware of and have access to resources is impractical and unworkable. It U.S. law. Requiring U.S. firms to act as and organizations, such as Businesses would be virtually impossible for Ex- if the U.S. laws applied in China, where for Social Responsibility, that assist Im Bank to monitor compliance. In clearly they do not, both encroaches on businesses in developing, implementing China alone, there are more than 20,000 the legislative prerogatives of the for- and monitoring codes of conduct. United States-China joint ventures. eign State and puts such U.S. compa- Good corporate citizenship is being Mr. Chairman, we are talking about nies at a severe disadvantage. embraced by more and more companies U.S. firms which might export to other The amendment places impossible who are realizing that they do not have countries who have adopted and ad- administrative burdens on the bank, as to sacrifice profits for principles. In hered to a code of conduct for their it is unable to monitor firms who ad- fact, an article in the January issue of international operations, as what here to such codes. This provision WorldBusiness notes that the con- would be in the amendment. That code would reduce exports to China, thereby ference board estimates that at least 95 would include workplace safety, work- worsening the United States trade defi- percent of Fortune 500 companies now ers’ union and collective bargaining cit with China overall. have such codes. rights, environmental protection, no This provision would result in a loss The time has come to strengthen our political coercion of workers, commu- of trade-related jobs. I ask my col- international trade and investment nity service, good ethical practices, et leagues in the House to stand opposed policies by fostering and rewarding the cetera. These are standards which are to this amendment and defeat it. private sector’s commitment to human not even public all through America, Mr. EVANS. Mr. Chairman, I yield and worker rights as well as environ- much less in a lot of countries with such time as he may consume to the mental concerns. In the case of China, which we deal. We basically eliminate gentleman from Oregon [Mr. DEFAZIO]. it is time to search for new avenues for a substantial percentage of the present Mr. DeFAZIO. Mr. Chairman, I thank promoting and fostering democracy work which goes on in the Ex-Im Bank. the gentleman for yielding. and human rights. This amendment en- At the same time, I think that we are The arguments are interesting. First sures that the constructive engage- the leaders through the Ex-Im Bank in off, this gives preference and we are ment with China works. having a lot of these practices put in being told it would be too difficult for While critics of this amendment place in some of these other countries a U.S. agency, for the Export-Import claim that this is an administrative for which we deserve credit, but on a Bank, with our tax dollars, to deter- burden on the bank, I believe placing voluntary basis, not on a mandatory mine preference. Well, we do that in priority on human rights and workers’ basis. It imposes extraterritorial en- many other areas of Federal procure- rights is worth the effort. Additionally, forcement of U.S. labor and environ- ment. I do not think that would be too in an era of tight budgets, should we mental laws, which is a substantive tough to deal with. not be very careful about spending tax- question that needs to be raised from a It would put U.S. firms at a severe payers’ dollars? legal point of view. It would impose disadvantage, a severe disadvantage if My amendment employs economic corporate enforcement requirements they avoided child-enforced labor. I do incentives to reward good corporate that would conflict with local laws. It not believe that for a moment. I do not citizenship. No firms should be pre- imposes standards on non-U.S. firms believe that there are any responsible cluded from receiving financial assist- which supply and contract with U.S. U.S. firms sanctioning the use of child- ance from the bank for activities in firms, and makes U.S. firms liable for enforced labor, or discrimination based China. Rather, this amendment would contractor/supplier conduct. on religion, race, gender and national ensure that the global corporate re- As I said, I respect what the gen- origin. So I do not believe that should sponsibility is a part of the strategy tleman is trying to do and I respect the put our firms at a disadvantage. for improving and expanding global gentleman, but I believe this amend- These are big corporations. They are partnerships and opportunities. It is ment is out of place. We are not mak- getting a very nice gift from the tax- time that the U.S. invests in an inter- ing foreign policy here. payers through the Export-Import national trade and investment policy Mr. Chairman, I reserve the balance Bank, and we are saying, in return for that is both a competitive and a posi- of my time. that, here is a carrot. We will give pref- tive force abroad, not just a license to Mr. EVANS. Mr. Chairman, is it my erence to those firms that comply with exploit workers and children. understanding that I have the right to this code, and that have an audit done Mr. Chairman, I reserve the balance close on this amendment. independently and submit that audit to of my time. The CHAIRMAN. The gentleman the Export-Import Bank. All the Ex- Mr. CASTLE. Mr. Chairman, I rise in from Delaware [Mr. CASTLE] has the port-Import Bank staff has to do is opposition to the amendment. right to close. look at and verify that the independent The CHAIRMAN. The gentleman Mr. EVANS. Mr. Chairman, I reserve audit was done. Yes, there will be a lit- from Delaware [Mr. CASTLE] is recog- the balance of my time. tle expense in doing the audit, but no- nized for 5 minutes Mr. CASTLE. Mr. Chairman, I yield where near the subsidy that is being Mr. CASTLE. Mr. Chairman, I yield 11⁄2 minutes to the distinguished gen- given to those firms by the U.S. tax- myself 2 minutes. tleman from New York [Mr. FLAKE], payers. It is just to ask some consider- I do rise in reluctant opposition to the ranking member of the Sub- ation for the use of our dollars by these this, because I have a great deal of re- committee on Domestic and Inter- huge corporations, that they follow spect for the gentleman who has spon- national Monetary Policy. some standards of basic international sored it, but I think we really need to Mr. FLAKE. Mr. Chairman, I rise to decency. understand what we are dealing with oppose this particular amendment be- I heard it would worsen the trade def- here. This is not just a labor vote per cause there is no guidance given as to icit. It is not going to worsen the trade se or anything of that nature. We need the nature of the preference that is re- deficit. The trade deficit with China is to know who is opposed to this. quired here. The amendment appears to going through the roof. The goods that First of all, the State Department of reflect a fundamental misconception of are being produced in China that are the administration is opposed to this the bank’s approval process. There is driving the trade deficit through the H8202 CONGRESSIONAL RECORD — HOUSE September 30, 1997 roof are in good part being produced by The CHAIRMAN. Pursuant to House Massachusetts [Mr. FRANK] and a Mem- United States firms in China. It is not Resolution 255, further proceedings on ber opposed each will control 5 min- going to worsen the deficit in any man- the amendment offered by the gen- utes. ner. tleman from Illinois [Mr. EVANS] will The Chair recognizes the gentleman There are other problems with our be postponed. from Massachusetts [Mr. FRANK]. trade policy. The fact that there is no The point of no quorum is considered Mr. FRANK of Massachusetts. Mr. reciprocity, the fact that the Chinese withdrawn. Chairman, I yield myself such time as levy a 40-percent tariff on our goods, It is now in order to consider amend- I may consume. when we add in the VAT, and we levy ment No. 2 printed in House Report I rise out of my respect for this insti- 4 percent on goods coming from China, 105–282. tution to give it the opportunity to those are the causes of the trade defi- AMENDMENT NO. 2 OFFERED BY MR. FRANK OF rebut an unfair accusation. There have cit. This would not worsen the trade MASSACHUSETTS. people who argue that a double stand- deficit. Mr. FRANK of Massachusetts. Mr. ard obtains, that when it comes to The United States needs to stand for Chairman, I offer an amendment as showing compassion for people who something, and when these corpora- provided for in the rule. have not fared well in life for one rea- tions are getting U.S. taxpayer dollars, The CHAIRMAN. The Clerk will des- son or another, we have tended to be we should stand for something. We are ignate the amendment. hard-hearted, but that when wealthy against child enforced labor. We do not The text of the amendment is as fol- and powerful people come to our door, want discrimination based on religion, lows: we are much more generous. race, gender, and national origin, par- Amendment No. 2 offered by Mr. Recently this House voted to say ticularly not promoted by United FRANK of Massachusetts: that if one lives in public housing, if States firms getting subsidies to oper- At the end of the bill, add the following: one is simply taking advantage of pub- ate in China. SEC. 10. COMMUNITY WORK REQUIREMENT FOR lic housing because one cannot live Mr. CASTLE. Mr. Chairman, we have MEMBERS OF BOARDS OF DIREC- anywhere else, one is paying what the one speaker remaining and we have the TORS OF FIRMS RECEIVING ASSIST- law requires one to pay in rent, but be- ANCE FROM THE EXPORT-IMPORT right to close, so I would yield to the BANK. cause of the subsidy inherent in the gentleman from Illinois. Section 2 of the Export-Import Bank Act of rent one pays in public housing, if one The CHAIRMAN. All time for the 1945 (12 U.S.C. 635) is amended by adding at does not have a job, we will require one gentleman from Illinois [Mr. EVANS] the end the following: to do 8 hours of community service. has expired. ‘‘(f) COMMUNITY WORK REQUIREMENT FOR Even if one has to be taking care of Mr. CASTLE. Mr. Chairman, I yield MEMBERS OF BOARDS OF DIRECTORS OF FIRMS someone who is ill or a child, one will RECEIVING ASSISTANCE FROM THE BANK.— the balance of our time to the gen- still do 8 hours of community service ‘‘(1) PROHIBITION.—The Bank shall not pro- tleman from Iowa [Mr. LEACH], chair- vide assistance to a firm during a fiscal year per month. man of the Committee on Banking and unless each member of the board of directors Well, I did not agree with that prin- Financial Services. of the firm agrees to perform not less than 8 ciple, but I believe majority should Mr. LEACH. Mr. Chairman, first let hours of work (other than political activi- rule and that is the principle the House me say I think the gentleman from Illi- ties) during each month of the immediately has adopted. If one is getting the bene- nois has a very thoughtful series of succeeding fiscal year in the community in fit of living in public housing and one concerns which are thoroughly valid. which the member resides. is not otherwise employed, one has to However, it would appear, based on ad- ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to an individual who is— do 8 hours of community service. And ministration judgment and those of an ‘‘(A) at least 62 years of age; to show how conciliatory I am, I think awful lot of other people on the trade ‘‘(B) a person with disabilities; the majority’s principle ought to be ap- front that the results of his approach ‘‘(C) working full time, attending school or plied generally. will be counter-productive. vocational training, or otherwise complying Now, Mr. Chairman, let me ask, if we What we will have established if this with work requirements applicable under had to choose between getting the amendment passes is a carrot-and-stick public assistance programs (as determined guarantee of one’s business from the approach in which the carrots will be by the agencies or organizations responsible for administering such programs); Export-Import Bank to make a $100 given to competitors of U.S. businesses ‘‘(D) otherwise physically impaired, to the million sale, or the right to live in and the stick will be given to the U.S. extent that the individual is unable to com- Cabrini Green, Chicago, which would worker. The fact of the matter is, as we ply with paragraph (1), as certified by a doc- one pick? My guess is most people isolate problems in foreign societies, tor; or would pick exporting with a guarantee. and they are in many countries on ‘‘(E) the primary caregiver to a disabled in- I disregard that, however. I am will- many different continents, if our firms dividual or to a child who has not attained 6 ing to treat them equally. My amend- years of age. cannot deal with imperfect buyers, for- ment takes literally, word for word, ‘‘(3) PERSON WITH DISABILITIES DEFINED.— eign competitors will be happy to step As used in paragraph (2)(B), the term ‘per- the language from the bill imposing a in and deal with them themselves. Who son with disabilities’ means a person who— community service requirement on then gets the carrot? The foreign com- ‘‘(A) has a disability as defined in section people in public housing, and it applies panies. Who gets the stick? It is the 223 of the Social Security Act; that to members of boards of directors American worker who will not have a ‘‘(B) is determined, pursuant to regulations who are similarly situated if their cor- job to export a given kind of good. issued by the Secretary of Housing and poration is getting something from the Urban Development, to have a physical, So I would simply say this is a good, Export-Import Bank. thoughtful, decent perspective that the mental, or emotional impairment which— ‘‘(i) is expected to be of long-continued and b 1530 gentleman from Illinois has brought indefinite duration; us, but by the same token, the end re- ‘‘(ii) substantially impedes the ability of As I said, because of my respect for sult is probably counter-productive. the person to live independently; and this institution, I would not want The CHAIRMAN. All time has ex- ‘‘(iii) is of such a nature that such ability Members to be laboring under the view pired. could be improved by more suitable housing that when it comes to the poor we are The question is on the amendment conditions; or hard-hearted and tough, but when it offered by the gentleman from Illinois ‘‘(C) has a developmental disability as de- comes to the wealthy we roll over and fined in section 102 of the Developmental [Mr. EVANS]. say, here, what do you want? There- Disabilities Assistance and Bill of Rights The question was taken; and the Act. fore, I offer this amendment to make Chairman announced that the noes ap- Such term shall not exclude persons who that no longer the case. peared to have it. have the disease of acquired Mr. Chairman, I reserve the balance Mr. EVANS. Mr. Chairman, I object immunodeficiency syndrome or any condi- of my time. to the vote on the ground that a tions arising from the etiologic agent for ac- Mr. CASTLE. Mr. Chairman, I yield quorum is not present and make the quired immunodeficiency syndrome.’’. myself such time as I may consume. point of order that a quorum is not The CHAIRMAN. Pursuant to House Mr. Chairman, I rise in opposition to present. Resolution 255, the gentleman from the amendment. I will also be brief. I September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8203 have tried to point out throughout this fact that they are receiving a signifi- Mr. Chairman, the failed premise of discussion today that the Export-Im- cant benefit. The ability to have your that last comment is that if we ask port Bank has a very positive financial exports guaranteed to some extent by members of board of directors to do 8 benefit, not just to members of board the Export-Import Bank is important. hours of community service, they will of directors or officers of corporations, I support the Export-Import Bank. I reject the loan. I reject that. People but to many employees throughout the worked hard in terms of the Raytheon who serve on the board of directors country, and even the revenues of the Corporation to help them get guaran- have a responsibility to the stockhold- United States of America, due to the tees that helped them to win a $1 bil- ers whom they represent, they have a exports which we have. lion contract. I was very glad. If in re- fiduciary responsibility. The amendment, if it is to be treated turn some members of the board of di- I reject the notion that they would seriously, in my judgment may be mis- rectors would do 8 hours of public serv- be so mean-spirited and so unwilling to placed. If we are going to have the ice, I think it would be a good thing. contribute that if they were told they members of the board of directors do Let me put it this way, we are simply had to do 8 hours of community serv- community work, why do we not have asking people to give back who are ice, they would refuse the loan. the stockholders do community work? able-bodied, younger or middle-aged, I was disappointed, I must say to the They are the true beneficiaries of who have the capacity to give some- gentleman. When he began, people who whatever this particular program may thing back to the community. How this live in public housing, I thought he was be, or even the workers, it may be ar- strikes anybody as unreasonable is be- going to say people who live in public gued, if we are going to extend it to yond me. Now, of course, I am quoting housing should not throw stones. If he this group. the gentleman from New York [Mr. had, I think it would have been a bet- Mr. FRANK of Massachusetts. Mr. LAZIO] with regard to public housing ter argument than the one he made. Chairman, will the gentleman yield? tenants. Mr. CASTLE. Mr. Chairman, I yield Mr. CASTLE. I yield to the gen- I guess the question is, why is it good myself the balance of my time. tleman from Massachusetts. for the public housing goose and not The CHAIRMAN. The gentleman Mr. FRANK of Massachusetts. Mr. for the export-import gander? Why do from Delaware [Mr. CASTLE] is recog- Chairman, I would ask unanimous con- we say if you are poor, if you are down nized for 21⁄2 minutes. sent to amend the amendment, if the on your luck and you take advantage Mr. CASTLE. Mr. Chairman, I would gentleman would be supportive. of a Federal program that we think is say that the amendment should be de- Mr. CASTLE. Mr. Chairman, I do not overall a good thing, we are going to feated. I think it makes a point, but translate that as support. make you give us 8 hours of commu- my judgment is that if we carry it out Mr. FRANK of Massachusetts. I nity service, but if you are wealthy to its nth degree, as I pointed out when apologize for taking the gentleman se- enough, respected in the community, I first spoke, we would have a serious riously. and you are a member of the board of problem with how to deal with this, Mr. CASTLE. Reclaiming my time, directors, you will be the beneficiary of and to add in all the various people Mr. Chairman, extending it even more, this for nothing, with no competition? who might have to do community work we could talk about farmers who re- Let us have one rule. If the House would go too far. ceive agricultural subsidies, Medicare votes this down, when we get the bill I do not want to denigrate in any way recipients. There are a whole group of back, and let me say this is very rel- those people who may be in public people who for various reasons we have evant, because the other body has re- housing or on welfare who have some elected in Congress to be able to help jected that 8 hours of community serv- work requirements placed on them, in some way or another, all of which ice in that public housing bill. Let me which I have always hoped to be a con- programs are judged on their merits. say to the Members, I hope people are structive program in terms of helping For that reason, I would hope that prepared to have a certain degree of them develop so they can enter into this is an amendment which could be consistency. If we are going to reject the workplace. I do not treat that as withdrawn. I think the gentleman does this for people in the Export-Import punitive, perhaps as the sponsor of this make a valid point. I would hope that Bank, let us not impose it on the peo- amendment would. I would encourage the Eximbank is doing a better job of ple in public housing. all of us to take the position that this managing how its various loans are Mr. Chairman, I reserve the balance is not something that should be at- handled. of my time. tached to the Exim authorization, and Mr. Chairman, I reserve the balance Mr. CASTLE. Mr. Chairman, I yield 1 I encourage its defeat. of my time. minute to the gentleman from Texas The CHAIRMAN. All time has ex- Mr. FRANK of Massachusetts. Mr. [Mr. BRADY]. pired. Chairman, I yield myself such time as Mr. BRADY. Mr. Chairman, what a The question is on the amendment I may consume. silly amendment. People who live in offered by the gentleman from Massa- As I said, I would be prepared to go in public housing often complain they do chusetts [Mr. FRANK]. to the stockholders as well, but obvi- so because they do not have a job, or The amendment was rejected. ously, what we have here is a view that the job that they have does not pay PRIVILEGED MOTION OFFERED BY MS. DE LAURO when wealthy people are involved, we enough to live in housing like many Ms. DELAURO. Mr. Chairman, I offer ought not to do anything but simply others have the privilege to do. To pun- a privileged motion. say, is that enough? ish them who are trying to get off of The CHAIRMAN. The Clerk will re- Yes, it is true that people who are en- welfare and out of public housing by port the motion. gaged in exporting are decent people discouraging the very jobs that they The Clerk read as follows: doing a good thing, and so are people need is silly. who live in public housing. It does not Exports now and imports are creat- Ms. DELAURO moves that the Committee do now rise. mean that we think these are bad peo- ing about 40 percent of all new jobs in ple when we impose this requirement. this country. In our area, in the Hous- The CHAIRMAN. The question is on People who live in public housing are ton region, and where we have a lot of the motion offered by the gentlewoman decent, hard-working people, on the people in public housing, one out of from Connecticut [Ms. DELAURO]. whole, who are taking advantage of every three new jobs is related to ex- The question was taken; and the this program. Public housing, the con- port-import, and they may more than Chairman announced that the noes ap- struction of public housing, the pay- domestic jobs. The Eximbank levels peared to have it. ment of these funds, that has a positive the playing field for American compa- RECORDED VOTE effect on the community. So it is not a nies and American workers so people in Ms. DELAURO. Mr. Chairman, I de- badge of dishonor, I hope, to live in every type of housing have an oppor- mand a recorded vote. public housing. tunity to go to work. A recorded vote was ordered. Similarly, the fact that people who Mr. FRANK of Massachusetts. Mr. The vote was taken by electronic de- are exporting are doing something good Chairman, I yield myself such time as vice, and there were—ayes 162, noes 257, for the country does not take away the I may consume. not voting 14, as follows: H8204 CONGRESSIONAL RECORD — HOUSE September 30, 1997 [Roll No. 471] Johnson (CT) Myrick Schaffer, Bob Burton Jackson-Lee Payne Johnson, Sam Nethercutt Scott Capps (TX) Pelosi AYES—162 Jones Neumann Sensenbrenner Cardin Jefferson Petri Abercrombie Gordon Neal Kasich Ney Shaw Carson Jenkins Pitts Ackerman Green Obey Kelly Northup Shays Clay Johnson (WI) Pomeroy Allen Gutierrez Olver Kennedy (MA) Norwood Shimkus Clayton Johnson, E. B. Poshard Andrews Hall (OH) Owens Kildee Nussle Shuster Clement Jones Price (NC) Baldacci Harman Pascrell Kim Oberstar Sisisky Clyburn Kanjorski Quinn Barrett (WI) Hastings (FL) Pastor King (NY) Ortiz Skeen Coburn Kaptur Rahall Becerra Hefner Payne Kingston Packard Skelton Condit Kennedy (MA) Rangel Berry Hilleary Pelosi Kleczka Pappas Smith (MI) Conyers Kennedy (RI) Reyes Bishop Hilliard Peterson (MN) Klink Parker Smith (NJ) Costello Kennelly Rivers Blumenauer Hinchey Pomeroy Klug Paul Smith (OR) Cox Kildee Rodriguez Bonior Hinojosa Poshard Knollenberg Paxon Smith (TX) Coyne Kilpatrick Rohrabacher Borski Hooley Price (NC) Kolbe Pease Smith, Linda Cramer Kind (WI) Ros-Lehtinen Boucher Hoyer Rangel Kucinich Peterson (PA) Snowbarger Cummings King (NY) Rothman Boyd Jackson (IL) Reyes LaHood Petri Solomon Danner Kingston Roybal-Allard Brown (CA) Jackson-Lee Rivers Largent Pickering Souder Davis (IL) Kleczka Royce Brown (OH) (TX) Rodriguez Latham Pickett Spence DeFazio Klink Rush Capps Jefferson Rothman Lazio Pitts Stearns DeGette Kucinich Sabo Cardin John Roybal-Allard Leach Pombo Stokes Delahunt LaFalce Sanchez Carson Johnson (WI) Rush Lewis (CA) Porter Stump DeLauro Lampson Sanders Clayton Johnson, E. B. Sanchez Lewis (KY) Portman Sununu Dellums Lantos Sandlin Clement Kanjorski Sanders Linder Pryce (OH) Talent Deutsch Largent Sanford Clyburn Kaptur Sawyer Lipinski Quinn Tauzin Diaz-Balart LaTourette Sawyer Condit Kennedy (RI) Schumer Livingston Radanovich Taylor (MS) Dingell Levin Scarborough Conyers Kennelly Serrano LoBiondo Rahall Taylor (NC) Dixon Lewis (GA) Schumer Coyne Kilpatrick Shadegg Lofgren Ramstad Thomas Doggett Lipinski Scott Cramer Kind (WI) Sherman Lucas Redmond Thornberry Doyle LoBiondo Serrano Cummings LaFalce Skaggs Manton Regula Thune Duncan Lofgren Sherman Danner Lampson Slaughter Manzullo Riggs Tiahrt Edwards Lowey Shimkus Davis (FL) Lantos Smith, Adam Mascara Riley Traficant Ehlers Luther Shuster Davis (IL) Levin Snyder McCollum Roemer Upton Engel Maloney (CT) Sisisky DeFazio Lewis (GA) Spratt McCrery Rogan Visclosky Ensign Maloney (NY) Skaggs DeGette Lowey Stabenow McDade Rogers Walsh Eshoo Manton Skelton DeLauro Luther Stark McHugh Rohrabacher Wamp Etheridge Markey Slaughter Dellums Maloney (CT) Stenholm McInnis Ros-Lehtinen Waters Evans Martinez Smith (MI) Deutsch Maloney (NY) Strickland McIntosh Roukema Watkins Farr Mascara Smith (NJ) Dicks Markey Stupak McIntyre Royce Watts (OK) Fattah Matsui Smith, Linda Dingell Martinez Tanner McKeon Ryun Weldon (FL) Fazio McCarthy (MO) Souder Dixon Matsui Tauscher Meek Sabo Weldon (PA) Filner McCarthy (NY) Spratt Doggett McCarthy (MO) Thompson Metcalf Salmon Weller Forbes McDade Stabenow Edwards McCarthy (NY) Thurman Mica Sandlin White Ford McGovern Stark Engel McDermott Tierney Miller (FL) Sanford Whitfield Frank (MA) McHale Stearns Ensign McGovern Torres Minge Saxton Wolf Franks (NJ) McHugh Strickland Eshoo McHale Towns Moran (KS) Scarborough Young (AK) Frost McInnis Stupak Etheridge McKinney Turner Morella Schaefer, Dan Furse McIntosh Talent Ganske McIntyre Tauscher Evans McNulty Velazquez NOT VOTING—14 Farr Meehan Vento Gejdenson McKinney Taylor (MS) Fattah Menendez Watt (NC) Berman Gonzalez Schiff Gephardt McNulty Thompson Fazio Millender- Waxman Burr LaTourette Sessions Gibbons Meehan Thune Filner McDonald Wexler Coburn Nadler Wicker Gilchrest Meek Thurman Ford Miller (CA) Weygand Delahunt Oxley Young (FL) Gilman Menendez Tierney Frank (MA) Mink Wise Foglietta Pallone Goode Millender- Torres Frost Moakley Woolsey Goodling McDonald Towns Furse Mollohan Wynn b 1556 Green Miller (CA) Traficant Gejdenson Moran (VA) Yates Gutierrez Minge Turner Gephardt Murtha Mr. SKAGGS changed his vote from Hall (OH) Mink Upton ‘‘no’’ to ‘‘aye.’’ Harman Moakley Velazquez NOES—257 Hastings (FL) Mollohan Vento So the motion was rejected. Hayworth Moran (VA) Visclosky Aderholt Chabot Franks (NJ) The result of the vote was announced Hefley Murtha Wamp Archer Chambliss Frelinghuysen as above recorded. Hefner Neal Waters Armey Chenoweth Gallegly Hilliard Ney Watt (NC) Bachus Christensen Ganske AMENDMENT NO. 1 OFFERED BY MR. EVANS Hinchey Oberstar Waxman Baesler Clay Gekas The CHAIRMAN. The pending busi- Hinojosa Obey Weller Baker Coble Gibbons Holden Olver Wexler Ballenger Collins Gilchrest ness is the demand for a recorded vote Hooley Ortiz Weygand Barcia Combest Gillmor on the amendment offered by the gen- Horn Owens Wise Barr Cook Gilman tleman from Illinois [Mr. EVANS] on Hoyer Pappas Wolf Barrett (NE) Cooksey Goode which further proceedings were post- Hunter Pascrell Woolsey Bartlett Costello Goodlatte Inglis Pastor Wynn Barton Cox Goodling poned and on which the noes prevailed Jackson (IL) Paul Yates Bass Crane Goss by voice vote. Bateman Crapo Graham NOES—182 Bentsen The Clerk will redesignate the Cubin Granger Archer Callahan Dickey Bereuter amendment. Cunningham Greenwood Armey Calvert Dicks Bilbray Davis (VA) Gutknecht The Clerk redesignated the amend- Bachus Camp Dooley Bilirakis Deal Hall (TX) ment. Baker Campbell Doolittle Blagojevich DeLay Hamilton Ballenger Canady Dreier Bliley RECORDED VOTE Diaz-Balart Hansen Barr Cannon Dunn Blunt Dickey Hastert The CHAIRMAN. A recorded vote has Barrett (NE) Castle Ehrlich Boehlert Dooley Hastings (WA) Bartlett Chabot Emerson Boehner been demanded. Doolittle Hayworth Barton Chambliss English Bonilla A recorded vote was ordered. Doyle Hefley Bass Chenoweth Everett Bono Dreier Herger The vote was taken by electronic de- Bateman Christensen Ewing Boswell Duncan Hill vice, and there were—ayes 241, noes 182, Bentsen Coble Fawell Brady Dunn Hobson Bereuter Collins Flake Brown (FL) not voting 10, as follows: Ehlers Hoekstra Berry Combest Foley Bryant Ehrlich Holden [Roll No. 472] Bilbray Cook Fowler Bunning Emerson Horn Bilirakis Cooksey Fox Burton AYES—241 English Hostettler Bliley Crane Frelinghuysen Buyer Abercrombie Barrett (WI) Borski Everett Houghton Blunt Crapo Gallegly Callahan Ackerman Becerra Boswell Ewing Hulshof Boehlert Cubin Gekas Calvert Aderholt Berman Boucher Fawell Hunter Boehner Cunningham Gillmor Camp Allen Bishop Brown (FL) Flake Hutchinson Bonilla Davis (FL) Goodlatte Campbell Andrews Blagojevich Brown (OH) Foley Hyde Boyd Davis (VA) Gordon Canady Baesler Blumenauer Bryant Forbes Inglis Brady Deal Goss Cannon Baldacci Bonior Bunning Fowler Istook Buyer DeLay Graham Castle Fox Jenkins Barcia Bono Burr September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8205 Granger McCollum Roukema (3) The following provisions of such Act are Bank does, it would be better to call it Greenwood McCrery Ryun amended by striking ‘‘Export-Import Bank’’ Gutknecht McDermott Salmon the American Import Bank or Subsidy any place its appears and inserting ‘‘United of Foreign Imports into the United Hall (TX) McKeon Saxton States Export Bank’’: Hamilton Metcalf Schaefer, Dan (A) Section 2(b)(1)(A) (12 U.S.C. States Bank. Hansen Mica Schaffer, Bob These businesses that are getting Hastert Miller (FL) Sensenbrenner 635(b)(1)(A)). Hastings (WA) Moran (KS) Shadegg (B) Section 3(c)(3) (12 U.S.C. 635a(c)(3)). subsidized by our tax dollars, they are Herger Morella Shaw (b) DEEMING RULES.—Any reference in any not saying, please subsidize my com- Hill Myrick Shays law, map, regulation, document, paper, or pany so I can go over there and sell Hilleary Nethercutt Skeen other record of the United States to the Ex- socks or refrigerators or some type of Hobson Neumann Smith (OR) port-Import Bank of the United States is consumer items. That is a total myth Hoekstra Northup Smith (TX) deemed to be a reference to the United Hostettler Norwood Smith, Adam States Export Bank, and any reference in that has been perpetuated in this argu- Houghton Nussle Snowbarger any law, map, regulation, document, paper, ment, especially in arguments concern- Hulshof Oxley Snyder ing trade with China. Hutchinson Packard Solomon or other record of the United States to the Hyde Parker Spence Export-Import Bank Act of 1945 is deemed to What is happening instead are cor- Istook Paxon Stenholm be a reference to the United States Export porations, by and large, who want to John Pease Stump Bank Act of 1945. set up manufacturing units overseas, Johnson (CT) Peterson (MN) Sununu The CHAIRMAN. Pursuant to House especially in dictatorships, I might Johnson, Sam Peterson (PA) Tanner Kasich Pickering Tauzin Resolution 255, the gentleman from add, like Communist China and Viet- Kelly Pickett Taylor (NC) New York [Mr. LAFALCE] and a Mem- nam and elsewhere, go to the Export- Kim Pombo Thomas ber opposed each will control 5 min- Import Bank and are receiving guaran- Klug Porter Thornberry teed loans and subsidies in order to set Knollenberg Portman Tiahrt utes. Kolbe Pryce (OH) Walsh The Chair recognizes the gentleman up a manufacturing unit, which will LaHood Radanovich Watkins from New York [Mr. LAFALCE]. take advantage of people who have no Latham Ramstad Watts (OK) Mr. LAFALCE. Mr. Chairman, I yield right to set up unions, no right to pro- Lazio Redmond Weldon (FL) myself such time as I may consume. Leach Regula Weldon (PA) tect their own interests, standards that Lewis (KY) Riggs White Mr. Chairman, the purpose of my are way below those of the United Linder Riley Whitfield amendment is very simple. It is to States. Livingston Roemer Wicker change the name of the bank so that So we subsidize them, creating a Lucas Rogan Young (AK) we could help clarify the function and Manzullo Rogers manufacturing unit by using taxpayer purpose of the bank. dollars. And then what happens? Those NOT VOTING—10 The amendment would change the manufacturing units produce goods and Brown (CA) Nadler Stokes name of the bank to the United States services that are imported into the Foglietta Pallone Young (FL) Export Bank. It would eliminate the Gonzalez Schiff United States. Lewis (CA) Sessions confusion that exists as to what the Yes, we should clarify that. We bank does. In fact, the bank imports should clarify this so that American b 1613 nothing. In fact, the bank does not as- people know their tax dollars are being Mr. GRAHAM changed his vote from sist in the importation of anything. used to subsidize the competition for ‘‘aye’’ to ‘‘no’’. The bank has not imported anything or their own jobs in dictatorships over- Messrs. GILCHREST, QUINN, DAVIS supported any imports since its very seas. And, yes, there are several com- of Illinois, and BONO changed their earliest days. panies that, yes, do indeed have their vote from ‘‘no’’ to ‘‘aye’’. When it was named Eximbank at the exports subsidized. That is in the aero- So the amendment was agreed to. time of its chartering, the bank sought space industry. There are some situa- The result of the vote was announced to support trade with Russia, which at tions where that exists. I acknowledge as above recorded. that time did not have hard currency. that. But that is not the majority of The CHAIRMAN. It is now in order to The bank then sought to arrange bar- what is going on here. consider amendment No. 3 printed in ter trade with Russia, and hence the Even with those loans to the aero- House Report 105–282. name Export-Import Bank. That func- space industry, quite often demands AMENDMENT NO. 3 OFFERED BY MR. LAFALCE tion, though, lasted only a few years. are made in those other countries that Mr. LaFALCE. Mr. Chairman, I offer For approximately 60 years, since those we set up manufacturing units so that an amendment. early years, the only function of the part of the airplanes that are being The CHAIRMAN. The Clerk will des- Export-Import Bank of the United sold in those countries are produced in ignate the amendment. States has been to assist exporting by China and elsewhere. So what we end The text of the amendment is as fol- U.S. businesses. up doing is subsidizing the develop- lows: My amendment would simply change ment of industries overseas with our Amendment No. 3 offered by Mr. LA- the name to the United States Export tax dollars. FALCE: Bank, a simple change that Eximbank This has got to stop. If we want to At the end of the bill, add the following: supports and I believe the chairman of clarify anything here, it should be the SEC. 10. RENAMING OF BANK AS THE UNITED the subcommittee and the chairman of U.S. Government should not be subsi- STATES EXPORT BANK. the full committee will support, also. dizing anybody who is setting up a (a) AMENDMENTS TO THE EXPORT-IMPORT This name change will clearly indicate manufacturing unit overseas, espe- BANK ACT OF 1945.— that the Bank’s purpose is to support cially in dictatorships. (1) The first section of the Export-Import U.S. exporters and workers whose jobs So let us clarify it, yes, and change Bank Act of 1945 (12 U.S.C. 635 note) is the name to not the Export-Import amended to read as follows: depend on exports. Mr. Chairman, I reserve the balance Bank, but to the bank that subsidizes ‘‘SECTION 1. SHORT TITLE. of my time. imports into the United States. ‘‘This Act may be cited as the ‘United Mr. ROHRABACHER. Mr. Chairman, Mr. Chairman, I reserve the balance States Export Bank Act of 1945’.’’. (2) The following provisions of such Act are I yield myself such time as I may of my time. amended by striking ‘‘Export-Import Bank consume. Mr. LaFALCE. Mr. Chairman, how of the United States’’ and inserting ‘‘United Mr. Chairman, I rise in opposition to much time do I have remaining? States Export Bank’’: the amendment offered by the gen- The CHAIRMAN. The gentleman (A) Section 2(a)(1) (12 U.S.C. 635(a)(1)). tleman from New York [Mr. LAFALCE]. from New York [Mr. LAFALCE] has 3 (B) Section 3(a) (12 U.S.C. 635a(a)). Mr. Chairman, I could not disagree minutes remaining. (C) Section 3(b) (12 U.S.C. 635a(b)). with my colleague, the gentleman from Mr. LaFALCE. Mr. Chairman, I (D) Section 3(c)(1) (12 U.S.C. 635a(c)(1)). New York [Mr. LAFALCE], who stated would merely make the comment that (E) Section 4 (12 U.S.C. 635b). I think the gentleman from California (F) Section 5 (12 U.S.C. 635d). that this would be a better name be- (G) Section 6(a) (12 U.S.C. 635e(a)). cause it would more clarify what the [Mr. ROHRABACHER] is confused be- (H) Section 7 (12 U.S.C. 635f). Export-Import Bank does. tween the functions and activities of (I) Section 8(a) (12 U.S.C. 635g(a)). In fact, I would think that if we want this Bank and the OPIC, the Overseas (J) Section 9 (12 U.S.C. 635h). to clarify what the Export-Import Private Investment Corp. H8206 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Mr. Chairman, I reserve the balance industries across this country. I think there and import these goods at a 3- or of my time. a name change would help. I think 4-percent tariff. The goods over there, Mr. ROHRABACHER. Mr. Chairman, named the United States Export Bank however, when we want to sell our I yield myself such time as I may would better describe the purpose and goods directly in China, there is about consume. activities of the bank. a 30- or 40-percent tariff when we want Mr. Chairman, I am not confused. Second, I am in support of it because to sell our goods over there. And the fact is OPIC does offer private the United States economic future is The most important thing that we insurance for investment overseas. The going to depend a great deal on our in- could be doing is not subsidizing big Export-Import Bank is involved with volvement in exporting. In fact, some corporations to the Export-Import these things as well. economists have said that 90 percent of Bank, or OPIC, or whatever. Instead, Mr. Chairman, I reserve the balance our future economic growth has got to what we should be doing is knocking of my time. come from export trade. down impediments to our people doing Mr. LAFALCE. Mr. Chairman, I yield I think we need to do everything business, like, for example, trying to such time as he may consume to the within our power to try to help our eliminate their tariffs. gentleman from Iowa [Mr. LEACH], businesses and industries and agri- So I would oppose this measure. I do chairman of the Committee on Bank- culture be able to export more, and I believe it does not clarify anything. ing and Financial Services. think this would clarify and encourage Mr. LAFALCE. Mr. Chairman, I yield Mr. LEACH. Mr. Chairman, let me economic enterprises to seek assist- 45 seconds to the gentleman from Flor- just say on behalf of the Committee on ance. By changing the name, it would ida [Mr. MICA]. Banking and Financial Services that I be less confusing to a lot of people out Mr. MICA. Mr. Chairman, I just want consider this to be a very constructive there in the business and agriculture to clarify for the House and my col- amendment. The new name well-de- world that want to participate in the leagues that what we heard about fines the institution that we are talk- global economy. Eximbank is not the case. It is not sub- ing about that is the subject of legisla- Mr. ROHRABACHER. Mr. Chairman, sidizing any foreign manufacturing. tion on the floor today. how much time do I have remaining? What it is doing is allowing U.S. I have some pains that the current The CHAIRMAN. The gentleman companies, the working men and name, which has such a fine general from California [Mr. ROHRABACHER] has women of this country, to be employed reputation, may go by the boards. But 2 minutes remaining. to assist in financing the sale of U.S. I think this is a very constructive and Mr. ROHRABACHER. Mr. Chairman, goods overseas. Most of the Exim funds helpful amendment. do I have the right to close? for United States goods that go into Finally, let me stress as carefully as The CHAIRMAN. The gentleman is China are to assist with financing Boe- I can that the currently named Export- not on the committee. The gentleman ing aircraft, who must compete with Import Bank only subsidizes the sales from New York [Mr. LAFALCE] has the Airbus and other international com- of U.S. goods and services abroad. right to close. petitors. Boeing employs thousands of There is no mandate of the bank to Mr. ROHRABACHER. Mr. Chairman, U.S. workers in the United States with construct any kind of American com- I yield myself such time as I may the aid of this Exim Program. pany on anybody else’s shores. It is consume. I think there is great confusion about Mr. Chairman, I, of course, philo- simply to support goods and services what this program does. But in fact, sophically would believe that the Fed- produced in the United States to be Exim does not do the things that are eral Government should not be in- sold abroad. alleged. It allows American men and volved in taking our taxpayers’ dollars Mr. LAFALCE. Mr. Chairman, I re- women to get high paying jobs and to and using it for selected companies serve the balance of my time. compete in the international market who are planning to do business over- The CHAIRMAN. The gentleman where we find the opportunities for to- seas. from California [Mr. ROHRABACHER] has morrow, and those are the facts. We 1 It is particularly repugnant, Mr. 2 ⁄4 minutes remaining. can not relegate our next generation to Chairman, for us to be loaning any Mr. ROHRABACHER. Mr. Chairman, minimum wage jobs—we must not back money for people who want to invest in I yield 1 minute to the gentleman from away from supporting U.S. small and manufacturing units overseas who are Florida [Mr. STEARNS]. large business in selling their goods in receiving benefits from not the Export- (Mr. STEARNS asked and was given a tough international marketplace. permission to revise and extend his re- Import Bank, but from OPIC and other Mr. LAFALCE. Mr. Chairman, I yield government institutions. marks.) myself such time as I may consume. Mr. STEARNS. Mr. Chairman, I rise I have two amendments that are Mr. Chairman, I remind all my col- in opposition to the amendment. coming up on Export-Import Bank, one leagues that my amendment to change Mr. LAFALCE. Mr. Chairman, how which would prevent the Export-Im- the name of the Bank to comport with much timed do I have remaining? port Bank from subsidizing the Peo- reality; that is, the United States Ex- The CHAIRMAN. The gentleman ple’s Liberation Army in China or any port Bank, is supported by the Bank from New York [Mr. LAFALCE] has 2 other government-owned entities and and is supported by the gentleman minutes remaining. would not permit us to, basically, sub- from Iowa [Mr. LEACH], the chairman Mr. LAFALCE. Mr. Chairman, I yield sidize business in dictatorships. of the full committee, the gentleman 1 minute to the gentleman from Okla- But this idea that American business from Delaware [Mr. CASTLE], chairman homa [Mr. WATKINS]. needs to have subsidies in big compa- (Mr. WATKINS asked and was given nies in order to sell their products of the subcommittee, and I hope vir- permission to revise and extend his re- overseas is a misnomer, and certainly tually by all the Members of this body. marks.) we need to clarify that. In many, many Mr. Chairman, I yield back the bal- Mr. WATKINS. Mr. Chairman, I rise cases, what we really are talking about ance of my time. in support of the LaFalce amendment. is instead of subsidizing our exports, The CHAIRMAN. The question is on I rise for two reasons. I am from a trying to make it possible facilitating the amendment offered by the gen- rural area of the heartland of America, exports. We are actually facilitating tleman from New York [Mr. LAFALCE]. and we have not utilized the Export- the building of manufacturing units The question was taken; and the Import Bank very much. I think one of which uses low-cost labor to ship Chairman announced that the ayes ap- the major things is the confusing things back into the United States. peared to have it. name. I think the gentleman from New That is why we have such a heinous RECORDED VOTE York [Mr. LAFALCE] has a change here situation with China. Because our peo- Mr. ROHRABACHER. Mr. Chairman, that might improve it. ple will go over to China, they will I demand a recorded vote. I have talked to them at the Export- build a manufacturing unit there with A recorded vote was ordered. Import Bank on numerous occasions subsidization from the Federal Govern- The vote was taken by electronic de- about trying to involve more of the ment, the manufacturing unit will then vice, and there were—ayes 362, noes 56, smaller towns, smaller businesses and use this basically slave labor over not voting 15, as follows: September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8207 [Roll No. 473] Sabo Smith (TX) Towns Mr. CASTLE. Mr. Chairman, I move Salmon Smith, Adam Turner AYES—362 Sanchez Snowbarger Upton the Committee do now rise. Sanders Souder Velazquez The motion was agreed to. Abercrombie Eshoo Lazio Sandlin Spence Visclosky Accordingly, the Committee rose; Ackerman Etheridge Leach Sanford Spratt Walsh Allen Evans Levin and the Speaker pro tempore (Mr. Sawyer Stabenow Waters Archer Everett Lewis (CA) Saxton Stark Watkins LATOURETTE) having assumed the Bachus Ewing Lewis (GA) Schumer Stenholm Watt (NC) chair, Mr. CALVERT, Chairman of the Baesler Farr Lewis (KY) Scott Stokes Watts (OK) Baker Fattah Linder Committee of the Whole House on the Sensenbrenner Strickland Waxman State of the Union, reported that that Baldacci Fawell Lipinski Serrano Stupak Weldon (FL) Ballenger Fazio Livingston Sessions Sununu Weldon (PA) Committee, having had under consider- Barcia Filner LoBiondo Shaw Talent Weller ation the bill (H.R. 1370), to reauthorize Barrett (NE) Flake Lofgren Shays Tanner Wexler the Export-Import Bank of the United Barrett (WI) Foglietta Lowey Sherman Tauscher Weygand Bartlett Foley Luther Shimkus Tauzin White States, had come to no resolution Barton Forbes Maloney (CT) Shuster Taylor (MS) Wicker thereon. Bass Ford Maloney (NY) Sisisky Taylor (NC) Wise f Bateman Fowler Manton Skaggs Thomas Wolf Becerra Fox Manzullo Skeen Thompson Woolsey CONFERENCE REPORT ON H.R. 2378, Bentsen Frank (MA) Markey Skelton Thornberry Wynn TREASURY, POSTAL SERVICE, Bereuter Franks (NJ) Martinez Slaughter Thurman Yates Berman Frelinghuysen Mascara Smith (MI) Tiahrt Young (AK) AND GENERAL GOVERNMENT AP- Bilbray Frost Matsui Smith (NJ) Tierney PROPRIATIONS ACT, 1998 Bilirakis Furse McCarthy (MO) Smith (OR) Torres Bishop Gallegly McCarthy (NY) Mr. KOLBE. Mr. Speaker, pursuant Blagojevich Gejdenson McCollum NOES—56 to the order of the House of Monday, Bliley Gekas McCrery Aderholt Goode Pombo September 29, 1997, I call up the con- Blumenauer Gephardt McDade Andrews Hall (TX) Radanovich ference report on the bill (H.R. 2378) Blunt Gibbons McDermott Armey Hastert Rogan Boehlert Gillmor McGovern Barr Hilleary Rohrabacher making appropriations for the Treas- Boehner Gilman McHale Berry Houghton Royce ury Department, the United States Bonilla Goodlatte McHugh Bono Jenkins Scarborough Postal Service, the Executive Office of Bonior Goodling McIntyre Burr Johnson, Sam Schaefer, Dan Borski Goss McKeon Burton Kanjorski Schaffer, Bob the President, and certain Independent Boswell Graham McNulty Callahan Kingston Shadegg Agencies for the fiscal year ending Sep- Boucher Granger Meehan Cannon Largent Snyder tember 30, 1998 and for other purposes, Boyd Green Meek Chabot McInnis Solomon and ask for its immediate consider- Brady Greenwood Menendez Coble McIntosh Stearns Brown (CA) Gutierrez Metcalf Cox McKinney Stump ation. Brown (FL) Gutknecht Mica Davis (VA) Mink Thune The Clerk read the title of the bill. Brown (OH) Hall (OH) Millender- DeFazio Nethercutt Traficant The SPEAKER pro tempore (Mr. Bryant Hamilton McDonald DeLay Neumann Vento LATOURETTE). Pursuant to the order of Bunning Hansen Miller (CA) Doolittle Packard Wamp Buyer Harman Miller (FL) Duncan Paul Whitfield the House of Monday, September 29, Calvert Hastings (FL) Minge Ganske Paxon 1997, the conference report is consid- Camp Hastings (WA) Mollohan Campbell Hayworth Moran (KS) NOT VOTING—15 ered as having been read. Canady Hefley Moran (VA) Chenoweth Holden Pelosi (For conference report and state- Capps Hefner Morella Cunningham Lucas Rangel ment, see proceedings of the House of Cardin Herger Murtha Gilchrest Moakley Schiff September 29, 1997, at page H8137.) Carson Hill Myrick Gonzalez Nadler Smith, Linda The SPEAKER pro tempore. The gen- Castle Hilliard Neal Gordon Pallone Young (FL) Chambliss Hinchey Ney tleman from Arizona [Mr. KOLBE] and Christensen Hinojosa Northup b 1649 the gentleman from Maryland [Mr. Clay Hobson Norwood Clayton Hoekstra Nussle Mr. PAXON changed his vote from HOYER] each will control 30 minutes. Clement Hooley Oberstar ‘‘aye’’ to ‘‘no.’’ The Chair recognizes the gentleman Clyburn Horn Obey Mr. NUSSLE and Mr. RILEY changed from Arizona [Mr. KOLBE]. Coburn Hostettler Olver their vote from ‘‘no’’ to ‘‘aye.’’ GENERAL LEAVE Collins Hoyer Ortiz Combest Hulshof Owens So the amendment was agreed to. Mr. KOLBE. Mr. Speaker, I ask unan- Condit Hunter Oxley The result of the vote was announced imous consent that all Members may Conyers Hutchinson Pappas as above recorded. have 5 legislative days in which to re- Cook Hyde Parker f Cooksey Inglis Pascrell vise and extend their remarks on the Costello Istook Pastor PERSONAL EXPLANATION conference report to accompany H.R. Coyne Jackson (IL) Payne 2378, and that I may include tabular Cramer Jackson-Lee Pease Mr. PALLONE. Mr. Chairman, I missed nine and extraneous material. Crane (TX) Peterson (MN) recorded votes while I was in New Jersey Crapo Jefferson Peterson (PA) The SPEAKER pro tempore. Is there Cubin John Petri bringing my newborn daughter and wife home objection to the request of the gen- Cummings Johnson (CT) Pickering from the hospital today. If I had been present, tleman from Arizona? Danner Johnson (WI) Pickett my vote would have been cast as follows: There was no objection. Davis (FL) Johnson, E. B. Pitts Rollcall vote 465, motion to adjourn, I would Davis (IL) Jones Pomeroy Mr. KOLBE. Mr. Speaker, I yield my- Deal Kaptur Porter have voted ``yes.'' self such time as I may consume. DeGette Kasich Portman Rollcall vote 466, the Journal, I would have Mr. Speaker, I am pleased to rise Delahunt Kelly Poshard voted ``no.'' today in support of the conference re- DeLauro Kennedy (MA) Price (NC) Rollcall vote 467, the rule for H.R. 2203 Dellums Kennedy (RI) Pryce (OH) port on Treasury, Postal Service and Deutsch Kennelly Quinn conference report, I would have voted ``yes.'' Rollcall vote 468, energy and water appro- General Government. This is a very Diaz-Balart Kildee Rahall good conference report and one which Dickey Kilpatrick Ramstad priations conference report, I would have Dicks Kim Redmond voted ``yes.'' represents a great success on all sides. Dingell Kind (WI) Regula Rollcall vote 469, previous question for It provides $12.7 billion for agencies Dixon King (NY) Reyes that come under this Subcommittee’s Doggett Kleczka Riggs House Resolution 255, I would have voted Dooley Klink Riley ``yes.'' jurisdiction and, for the first time in 3 Doyle Klug Rivers Rollcall vote 470, motion to rise, I would years, an increase in funding. I would Dreier Knollenberg Rodriguez point out that it is in strict compliance Dunn Kolbe Roemer have voted ``yes.'' Edwards Kucinich Rogers Rollcall vote 471, motion to rise, I would with the 1997 Balanced Budget Agree- Ehlers LaFalce Ros-Lehtinen have voted ``yes.'' ment. Ehrlich LaHood Rothman Rollcall vote 472, the Evans amendment to The actions taken by the conferees Emerson Lampson Roukema boost support for both drug and law en- Engel Lantos Roybal-Allard H.R. 1370, I would have voted ``yes.'' English Latham Rush Rollcall vote 473, the LaFalce amendment forcement programs. The bill puts us Ensign LaTourette Ryun to H.R. 1370, I would have voted ``yes.'' on track for a drug-free America by the H8208 CONGRESSIONAL RECORD — HOUSE September 30, 1997 year 2001. In total, the conferees have thorized Drug Free Communities Act; the IRS, providing $377 million for Cen- recommended $3.9 billion, $737 million $7.3 million for the Office of National tury Date Conversion efforts. over 1997, that is a 24-percent increase, Drug Control Policy’s efforts to com- The conferees also include require- for the Customs Service, ATF, the Se- bat the dangers and growing problems ments ensuring that IRS is in compli- cret Service, the Financial Crimes En- of methamphetamine use in the U.S.; ance with the Taxpayer Bill of Rights. forcement Network, the Office of Na- $13 million to provide counter drug Finally, the agreement ends taxpayer tional Drug Control Policy. technology assistance to State and subsidy of political events at the White Specifically, let me just highlight a local law enforcement; $159 million for House. In conjunction with the White couple of the specific items in this bill the High Intensity Drug Trafficking House, we have worked out language in the area of law enforcement. Mr. Areas that I know many Members are that includes a new accounting mecha- Speaker, we provide $1.6 billion for concerned about; and $5.2 million for nism for the Executive Residence. The Customs to combat drugs that come in ballistic imaging systems for State and agreement requires not only that ex- through our borders and to facilitate local law enforcement. penses of all political events be care- passenger and cargo processing. So In other areas outside of purely law fully tracked, but that all of these both the interdiction and the process- enforcement, we also continued the events be paid for up front so that tax- ing of legitimate traffic across the bor- Committee on Appropriation’s aggres- payers are not tagged with the cost of, der are accommodated. We provide an sive oversight of the IRS, prohibiting even for 1 day, fronting the money for additional $8.4 million for the next the IRS from spending more money on political events in the White House, no stage of Operation Hardline, an initia- its computer modernization programs matter which party is in the White tive that was started years ago to without congressional approval. By House. harden our borders against drugs, and maintaining restrictions on the IRS’s $4.5 million to equip Customs heli- use of money absent a solid set of blue- I strongly urge my colleagues to sup- copters with night vision equipment. prints or an architectural plan for how port this conference agreement. Not There is $195 million for the drug that is going to be spent, the con- only are there no more free coffees at czar’s anti-drug media campaign aimed ference committee ensures that there the White House, but the drug lords are at youth, $20 million more than the is not going to be even 1 more year of not going to like this bill one bit. I President had proposed. We believe this wasteful spending on the computer sys- think it is a bill that every Member of is a major step toward a comprehensive tems for the Internal Revenue Service. this body can support and support en- campaign for a drug-free America. The conferees also make year 2000 thusiastically. There is $10 million for the recently au- computer compliance a priority within Mr. Speaker, I insert the following: September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8209 H8210 CONGRESSIONAL RECORD — HOUSE September 30, 1997 September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8211 H8212 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Mr. KOLBE. Mr. Speaker, I reserve ment and Budget’s budget by $200,000 in as we know, is a procurement agency the balance of my time. order to help OMB facilitate their over- for the government. b 1700 sight and coordination of both new and These GSA-negotiated prices are ongoing statutory responsibilities, in- often the lowest anywhere, allowing Mr. HOYER. Mr. Speaker, I yield my- cluding the Congressional Review Act? local taxpayers an opportunity to save self such time as I may consume. Mr. KOLBE. That is correct. money. Unfortunately, certain indus- Mr. Speaker, I rise in support of this Mr. DAVIS of Virginia. Mr. Speaker, try groups that benefit from govern- conference report. The chairman has this appropriated sum is significant be- ment inefficiency would like nothing outlined well the provisions of this cause the House Committee on Govern- more than to have the law repealed. So conference report. I think all of the ment Reform and Oversight has the pharmaceutical industry wants to Members on my side of the aisle, as learned in hearings over the past year see the program repealed, because co- well as all of the Members on the chair- and a half that OIRA has not been im- operative purchasing would entitle man’s side of the aisle, can be pleased plementing and coordinating the Con- public hospitals and AIDS clinics to with the fact that this bill addresses gressional Review Act, despite its orga- significant discounts on life-saving significant law enforcement problems: nizing statute and President Clinton’s drugs. The medical equipment industry fighting drugs, fighting crime, provid- Executive order. is also mobilizing against the dis- ing funds to the ONDCP to make sure To make the Congressional Review counts. that our young people know of the dan- Act work, Congress and the agencies Mr. Speaker, we have a way to reduce gers of drugs, and convince them to need OIRA’S expertise to coordinate the cost of government. It is called the stay off and to just say no, as Mrs. agency input to the General Account- cooperative purchasing program. Reagan so aptly suggested. ing Office on the new rules they pro- Today the House will keep this idea It also provides other funds for the mulgate. The Government Accounting and the program alive by rejecting the IRS to make sure that we have a sys- Office has reported to us that they conference committee report. Let us tem that works. We have new people in have been frustrated by OIRA’s refusal tell our constituents we want to keep place that are addressing the problems to work with them in their role of help- local taxes low and we reject the repeal that the committee has seen and that ing Congress understand the impact of of the cooperative purchasing program. the Congress has seen, and very frank- each major rule. Mr. HOYER. Mr. Speaker, I yield my- ly, I think this bill is a good bill that I appreciate the chairman’s leader- self such time as I may consume. could be unanimously supported by the ship on this bill. Mr. Speaker, I thank the gentleman committee. Mr. KOLBE. Mr. Speaker, I appre- for his comments. Just briefly, obvi- I want to make a point to the chair- ciate the concern of the gentleman ously, that was an issue that there was man. I do not see the major chairman from Virginia [Mr. DAVIS] and the re- strong feeling on, particularly in the on the floor. I understand there is a marks that he has made. I look forward Senate, and frankly it was impossible colloquy, and I will wait perhaps and to working with him, and other Mem- to prevail on that position from the hopefully the gentleman from Louisi- bers who have expressed the same House perspective. ana, Chairman LIVINGSTON, will be on views on this issue, in the forthcoming Mr. Speaker, I would enter into a col- the floor. I understand he is on his way. year to ensure that the OMB dedicates loquy with the distinguished chairman. I understand the gentleman from Ari- the necessary resources to this and to The chairman and I have had long dis- zona [Mr. KOLBE] has a colloquy to other issues. cussions and worked many years on the enter into. Mr. Speaker, I reserve the balance of FEC. We differ in our perspectives in Mr. Speaker, let me simply say that my time. some respects, but we have come, I I congratulate the gentleman for his Mr. HOYER. Mr. Speaker, I yield 2 think, to what is a fair agreement on work on this bill, I congratulate him minutes to the distinguished gen- both sides, given the status of the con- on the bipartisan fashion in which he tleman from Cleveland, OH [Mr. ference report. has worked toward fashioning a bill KUCINICH]. Mr. Speaker, I would ask the gen- that I think is acceptable to all par- Mr. KUCINICH. Mr. Speaker, I thank tleman, am I correct that under the ties. the gentleman for yielding time to me. language that we have adopted with re- Mr. Speaker, I reserve the balance of Mr. Speaker, as a former local offi- spect to FEC term limits, that there my time. cial, I know every dollar counts, and are two Republican vacancies currently Mr. KOLBE. Mr. Speaker, I yield my- that local taxpayers are being asked to and two Democratic vacancies? As I self such time as I may consume. shoulder the ever-increasing burden of understand it, there are three pending Mr. Speaker, I would just say, since I services the Federal Government no nominations and one Republican that did not in my opening remarks, I would longer provides. That is why I support was withdrawn and one that will be like to return the compliment to the a money-saving program for local and made. Hopefully both the executive and gentleman from Maryland [Mr. HOYER]. State governments, and why I now op- the legislative will cooperate to make It has been a great pleasure to work pose the Treasury-Postal appropria- sure those nominations are made prior with him. We have not agreed on every- tion. to December 31. thing, by any means, but I think we The cooperative purchasing program, It is our understanding that under have always worked in a spirit of con- which Congress passed into law in 1994, those circumstances, they would then structive cooperation, of finding an- at section 1555 of the Federal Acquisi- be able to be reappointed once after the swers to the problems, and I think tion Streamlining Act, was designed to initial appointment. what we have is a bill that has such bi- allow local and State governments, Is that correct, Mr. Speaker? partisan support because of the work of school districts and public hospitals, to Mr. LIVINGSTON. Mr. Speaker, will the gentleman from Maryland [Mr. purchase goods and services at a super the gentleman yield? HOYER] and his staff, who I com- discount off the Federal rate, saving Mr. HOYER. I yield to the gentleman plimented when we considered the bill local taxpayers hundreds of millions of from Louisiana. before. But I want to again compliment dollars per year. Unfortunately, some Mr. LIVINGSTON. Mr. Speaker, if all the staff, the committee staff as have moved to take this particular pro- the gentleman will yield, my friend, well as the personal staffs on both sides gram out of the conference report. the gentleman from Maryland, is cor- of the aisle, for the work they have Here is how the cooperative purchas- rect. As the gentleman knows, I have done. ing program is supposed to work. A been a proponent of term limits for ap- Mr. Speaker, I yield such time as he school district has to purchase comput- pointed members in the executive may consume to the gentleman from ers, chalkboards, and basic furniture. branch for some time, and especially Virginia [Mr. DAVIS] for the purposes of Thanks to the cooperative purchasing on the Federal Election Commission. a colloquy. program, the school district could buy It now appears that we are in the Mr. DAVIS of Virginia. Mr. Speaker, the supplies and services it needed di- final days of resolving this with the is it correct that in this bill Congress rectly from vendors at the discounted prospect that those term limits could has increased the Office of Manage- prices the GSA negotiated. The GSA, be adopted for members on the Federal September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8213 Election Commission. In view of the This is going to cost State and local The Administration opposes repeal of this fact that some members of the Com- governments millions of dollars, per- authority in the Treasury-Postal Appropria- mission have served for the duration of haps billions of dollars over the next tions Act for 1998 and would support the House’s position in conference. the Commission, since about 1974, it decade as they go to acquisitions of in- In 1993, as part of my work on reinventing just seemed to me that term limits are formation technology, computers, and government, I recommended to the President an appropriate remedy. very complex procedures that take a that General Services Administration be That being the case, in order to get lot of time to go out with a request for granted the authority to allow states and lo- the bill signed without too much undue proposal, responses to the proposals, calities to purchase items from the federal negotiation and/or a veto, I have best and final. supply schedules so they could enjoy the agreed with the gentleman that we If they had been allowed to purchase same advantageous prices GSA is often able would make sure that any person cur- under the Cooperative Purchasing Act, to negotiate under contracts it has set up for the federal government’s use. Used in appro- rently on the Commission or any per- they could have purchased right off the priate circumstances, this cooperative pur- son who might be appointed to or nom- GAO’s schedule, could have defined ex- chasing authority might result in significant inated for an appointment to the Com- actly what they wanted, and it would savings to the American taxpayer. Congress mission between now and December 31 have compressed the acquisition time agreed and in 1994, gave GSA cooperative of this year would not be subject to in a significant manner, and literally purchasing authority in the historic Federal that term limit immediately, but would have saved millions of dollars. Acquisition Streamlining Act. would be able to be appointed for a sub- So I am very disappointed, as is the It is surprising that efforts are underway National Governors’ Association, the to repeal this authority without the benefit sequent term, and that would be their of congressional hearings or other opportuni- last term. Anybody nominated or ap- National Association of Counties, the ties to assess the advantages of this program pointed following December 31 of this National League of Cities, the Con- for taxpayers. The General Accounting Office year would in fact be subject to the ference of Mayors, and other State and studied this issue and concluded that the one-term, one 6-year term limit, and local government organizations who provision, if managed effectively, would not would only be able to serve 6 years at have worked with this Congress over harm the federal government. As a result, the most. the last couple of years to try to help the Administration opposes this attempt to Mr. HOYER. I thank the chairman them bring savings to their taxpayers, repeal the provision because it could deny for his comments. That is, indeed, my as we are trying to do here at the Fed- state and local taxpayers the opportunity to share in the savings the Federal Government understanding, that the four vacancies, eral level. is able to negotiate as a large buyer of com- two Republicans and two Democrats Mr. HOYER. Mr. Speaker, will the mercial items. that are pending now, three being nom- gentleman yield? However, if the repeal cannot be stricken inated, one Republican to be nomi- Mr. DAVIS of Virginia. I yield to the in Conference, the Administration is willing nated, they would be subject to these gentleman from Maryland. to work with the Congress on a compromise limits, to the extent that they could Mr. HOYER. Mr. Speaker, I thank to permit such purchases for a number of serve the term for which they are now the gentleman for yielding. specified product categories in demand by State and local governments and whose af- nominated and one additional; that is, Mr. Speaker, I understand and appre- ciate the gentleman’s position. As the fected producers have not objected. We sitting members, now, could be re- would further urge that this authority in- appointed for one term, but that all fu- gentleman knows, in fact, I share his clude a limited pilot program for pharma- ture commissioners would be limited position on this issue, and voted that ceuticals used to treat life-threatening con- to the one term. way in committee before the bill was ditions, beginning with drugs used to treat Mr. LIVINGSTON. That is correct. reported to the floor. As the gentleman HIV. We also urge the retention of GSA’s au- Mr. HOYER. I appreciate the chair- well knows, I lost, and his position, as thority to make any of the services it pro- man’s clarification. articulated now, lost as well. On a vides to Federal agencies available to a Mr. Speaker, I reserve the balance of point of order it was struck, but the qualified nonprofit agency for the blind or fact of the matter is the reality was other severely handicapped that is to provide my time. a commodity or service to the Federal Gov- Mr. KOLBE. Mr. Speaker, I yield 2 that the majority of the conferees on ernment under the Javits-Wagner-O’Day minutes to the gentleman from Vir- the House side and the majority of the Act. GSA’s total collection of administrative ginia [Mr. DAVIS]. conferees on the Senate side were for fees will not increase by more than the in- Mr. DAVIS of Virginia. Mr. Speaker, doing what the Senate did. cremental increase in the cost of administer- I thank my friend for yielding time to I will tell my friend, who I believe ing the program. me. I appreciate the gentleman’s ef- serves on the Committee on Govern- As a former county official, you appreciate forts that have gone into this. ment Reform and Oversight, the real more than most that taxpayers do not make problem is the chairman of the Com- much distinction between the federal, state, I join with my friend, the gentleman and local governments when they pay taxes. from Ohio [Mr. KUCINICH] in being very mittee on Government Reform and They want the benefit of savings and effi- disappointed and expressing our dis- Oversight did not demand that the ju- ciency, from whatever level of government. appointment in the fact that this bill risdiction of the committee be honored If we do not work together to make this hap- has come back from conference that re- in this instance. Very frankly, this is pen, we will never be able to restore the peals the cooperative purchasing pro- an issue for the gentleman’s commit- public’s confidence in government. The coop- gram, which was a program established tee. He is absolutely correct. erative purchasing program is an important under Federal Acquisition Streamlin- I regret that the initial recommenda- example of how we need to use common tion of the gentleman from Arizona, sense to save tax dollars and do the right ing Act in the 103rd Congress. thing for all Americans. This act allows local governments to Chairman KOLBE, which was, back Again, thank you for your leadership in buy at a discount items off the GSA when we did the supplemental in this good fight. schedule that the Federal Government March, to defer this issue to the gentle- Sincerely yours, buys and at prices the Federal Govern- man’s committee for action, did not in AL GORE. ment currently pays. This provision fact happen. I appreciate the gentle- Mr. HOYER. Mr. Speaker, I yield my- could have saved local governments, man’s point. self such time as I may consume. State and local governments tens of Mr. DAVIS of Virginia. Mr. Speaker, Mr. Speaker, let me say to my friend, millions, perhaps hundreds of millions I include for the RECORD a letter from the gentleman from Virginia, and to all of dollars annually. the Vice President supporting my posi- those who are concerned about this Instead of passing this cost down to tion. issue, the fact of the matter is, I am on State and local taxpayers, the Senate, The letter referred to is as follows: their side and we lost. But I would urge without holding one hearing, has de- THE VICE PRESIDENT, the gentleman to look at the balance of cided to repeal this provision. I am par- Washington, September 23, 1997. the bill, because in terms of all of the ticularly disappointed that the Group Hon. THOMAS M. DAVIS, III, rest of the bill, in terms of IRS, in U.S. House of Representatives, 70 schedule, a schedule with over 1,200 Washington, DC. terms of Customs, in terms of Secret vendors, where over 90 percent of the DEAR TOM: Thank you for your strong sup- Service, in terms of ATF, in terms of vendors who applied to get on that port for the use of cooperative purchasing the White House, in terms of all of the schedule can get on, was discarded. authority for state and local governments. other issues that this bill covers, it is H8214 CONGRESSIONAL RECORD — HOUSE September 30, 1997 a very positive bill for many of the committee. It can be reported out. The Mr. SOUDER. I thank the gentleman. folks that the gentleman and I rep- fact of the matter is, we could add the Mr. HOYER. Mr. Speaker, I reserve resent. amendment that the gentleman sug- the balance of my time. I would urge the gentleman that this gests to any bill being considered by Mr. KOLBE. Mr. Speaker, I yield my- is really an issue that needs to be ad- this House. It is not germane on this self such time as I may consume. I dressed in the gentleman’s committee. bill because nothing in this bill deals would briefly like to respond to a cou- It should not be in our committee, the with pay, as the gentleman knows. I ple of the other things that the gen- gentleman is absolutely right. The fact presume he knows that. If he does not tleman from Indiana spoke about on of the matter is the majority believed know it, I will inform him. Nothing in the IRS. that this should pass, and we did not this bill deals with pay. I am very pleased with what we did have the votes to stop it. I thank the Mr. SOUDER. Mr. Speaker, will the here with the IRS. There are three in- gentleman. gentleman yield? creases that are in here for, as the gen- Mr. Speaker, I reserve the balance of Mr. HOYER. I yield to the gentleman tleman from Indiana spoke about. Yes, my time. from Indiana. it is an increase for IRS; $377 million of Mr. KOLBE. Mr. Speaker, I yield 2 Mr. SOUDER. Mr. Speaker, is it not that increase is for Y–2K, that is the minutes to the gentleman from Indiana true that our salary increases are tied Year 2000 Compliance, to make sure [Mr. SOUDER]. to the increases of Federal employees? that the computers are able to handle Mr. SOUDER. Mr. Speaker, it is un- Mr. HOYER. To the extent that we the shift to the new millennium. I do fortunate that the most felicity about cannot get any COLA adjustment if not think there is anybody that be- this bill has been because our pay Federal employees do not get it, that is lieves that we should have the whole raise, our COLA increases, are tied to accurate. It is not included in this bill. system crash and the IRS not be able the salaries in this bill, because in ac- No, sir. Nothing in this bill deals with to function after the year 2000. That is tuality that is less of the amount of the COLA’s of Federal employees; what this money is in there for. We dollars than we are increasing the IRS. nothing in this bill deals with the have funded that completely. We as Republicans are going around COLA’s of Members; nothing, not one There is also $325 million for tech- the country right now criticizing the jot or tittle. nology investment, what we used to IRS, while we are increasing their dol- Mr. SOUDER. Mr. Speaker, if this call the tax system modernization lars here. There are many reasons why would fail, would we get our increase? where, we know, money was unfortu- we are doing it, but nevertheless, it is Mr. HOYER. Absolutely. If it would nately frittered away in past years. So rather an inconsistent message. pass, we would get our increase. we have gone to a new system where Furthermore, many Republicans Mr. SOUDER. The gentleman is say- now the money that we put aside for went around the country criticizing ing that our salaries go up regardless that is going to be fenced. We will not the Bureau of Alcohol, Tobacco, and of what we do? allow one dime of that to be spent until Firearms, and many gun owners Mr. HOYER. Mr. Speaker, I am say- the committees, both the House and around this country have been con- ing to the gentleman that nothing in Senate, have seen the architectural cerned about their abuses and civil this bill will affect his salary one way plan for the spending of that money. rights abuses, yet we are not only not or the other. There again, I think this is wise man- eliminating ATF, we are increasing Mr. SOUDER. Is it not true that this agement and prudent spending. ATF. I have great problems with this, bill has historically, because it con- Finally, for another initiative that as well as with the pay increase, and tains the salaries of Federal employ- this body has said is extraordinarily Members need to know that that is ees, the amendment to not have the important, the $138 million for the what is tied to this bill. pay raise, to eliminate the COLA is earned income tax compliance initia- The second major concern I have is historically placed? tive. We heard during the debate re- the process. It was not that we were Mr. HOYER. Reclaiming my time, cently on the budget about the tremen- not aware that this bill had us tied to Mr. Speaker, obviously salaries and ex- dous abuse of the earned income tax the pay increase, it was that there was penses for Federal employees are in credit. We put in $138 million to en- no rule vote, so we could not object to every bill that deals with every agency, hance compliance and to cut down on the rule. The rule, because we could as the gentleman knows. the fraud and abuse of the earned in- not object to a rule, it meant that we The gentleman is correct that this come tax credit. were not allowed to offer any amend- bill deals with the Office of Personnel For all of those reasons, I think that ment to stop the pay raise. Therefore, Management. He is further correct that the money that we have appropriated the only thing we could do the first from time to time this bill has been here, the increased money for the In- time was to vote against this bill the used as a vehicle to stop the COLA ad- ternal Revenue Service, which, by the first time it went through. We could justment. It could be effected in any way, is still $204 million below the not do a motion to recommit or a mo- bill, I tell the gentleman. So the gen- President’s request, that that money tion to instruct conferees, because that tleman’s comments are as relevant to that is in here is well spent. It has been is left to the minority leadership, so we any bill that we consider as they are to carefully thought out. It has been had a procedural vote. this one. worked out very carefully not only Once again, because it is a conference Mr. SOUDER. Mr. Speaker, if the with the Internal Revenue Service, but report, we cannot have a vote in this gentleman will continue to yield, is it also with the minority side, with the Congress on the pay raise. I think that not true that the Senate had placed Senate, and I think that we have a is unfortunate. Thaere are a lot of their amendment on this bill and if we very good handle on that money. Members, and I realize it is the will of did it on another bill, the Senate has Mr. HOYER. Mr. Speaker, I yield my- this House, the majority of the Mem- not passed it, therefore it could die in self such time as I may consume. bers favor a pay increase, but in fact conference or could be vetoed by the The fact of the matter is that I would this is another backdoor way to do it President if it is freestanding, but if hope that Members would concentrate through, and it is unfortunate we did you do it on an appropriations bill, on what this bill is, not what it is not, not have a straightforward vote. that it is less likely to be vetoed, and, what it possibly could be, what could secondly, that we have had no prece- be added. There are a lot of great b 1715 dent in any other bill that the Senate things that probably could be added to Mr. HOYER. Mr. Speaker, I yield my- has ever put that amendment on? this bill that are not added to this bill. self such time as I may consume. Mr. HOYER. Mr. Speaker, I think we There are probably a lot of great things Following up on the comments of the could make that observation. Obvi- or bad things that this bill could pre- gentleman who has just spoken, this is ously, the Senate receded in this in- clude that it does not. But what it is, not a back-door way to do anything. stance, as the gentleman knows, I what this bill is that Members are The amendment that the gentleman re- think wisely so. I would hope that this going to consider is an excellent bill fers to, as I understand it, has been in- conference committee would pass based that does good and is bipartisan in na- troduced in the form of a bill. It is in upon the merits of this bill. ture. We all gave to reach agreement. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8215 I thank the chairman for his leader- fort. I would ask Members to focus on The vote was taken by electronic de- ship and effort on this issue. that. There are some of you who think vice, and there were— yeas 220, nays REQUEST FOR QUORUM CALL this bill is not perfect. You are abso- 207, not voting 7, as follows: Mr. HOYER. Mr. Speaker, I suggest lutely right, it not perfect, but it is a [Roll No. 474] the absence of a quorum. very important effort in trying to ad- YEAS—220 The SPEAKER pro tempore (Mr. dress the drug problem in America, Abercrombie Frank (MA) Mollohan LATOURETTE). Does the gentleman safe communities in America. Ackerman Frelinghuysen Moran (VA) from Maryland move a call of the Mr. SALMON. Mr. Speaker, will the Archer Frost Morella gentleman yield? Armey Furse Murtha House? Under clause 6(e)(1) of rule XV, Ballenger Gallegly Nadler a point of no quorum is not in order at Mr. HOYER. I yield to the gentleman Barrett (NE) Ganske Neal this point in the debate. Does the gen- from Arizona. Barton Gilchrest Nethercutt tleman move a call of the House? Mr. SALMON. Mr. Speaker, I have a Bateman Gilman Ney question about the funding in this for Becerra Gingrich Oberstar PARLIAMENTARY INQUIRY Bentsen Green Obey the IRS. Is it true or not true that the Mr. FRANK of Massachusetts. Mr. Berman Greenwood Olver funding for the IRS increases by a half Bilbray Hall (OH) Ortiz Speaker, I have a parliamentary in- a billion? Bilirakis Hansen Owens quiry. Mr. HOYER. Mr. Speaker, let me get Bishop Harman Oxley The SPEAKER pro tempore. The gen- Blagojevich Hastert Packard that figure for the gentleman. Maybe tleman will state it. Bliley Hastings (FL) Pallone the chairman has the exact figure. Blumenauer Hastings (WA) Parker Mr. FRANK of Massachusetts. Mr. Mr. KOLBE. Mr. Speaker, will the Blunt Hefner Paxon Speaker, could I be told how much Boehlert Hilliard Payne gentleman yield? time remains in the debate? Boehner Hobson Pelosi Mr. HOYER. I yield to the gentleman The SPEAKER pro tempore. The gen- Bonilla Hoekstra Pickering from Arizona. Bono Horn Pickett tleman from Maryland [Mr. HOYER] has Mr. KOLBE. Mr. Chairman, I just Borski Houghton Porter Boucher Hoyer Portman 17 minutes remaining, and the gen- covered this a moment ago. Let me tell tleman from Arizona [Mr. KOLBE] has Boyd Hunter Pryce (OH) the gentleman again what is in here. Brown (CA) Hyde Quinn 18 minutes remaining. Although it is $204 million below what Brown (FL) Jackson (IL) Rahall REQUEST FOR CALL OF THE HOUSE Burton Jackson-Lee Rangel the President requested, we have three Buyer (TX) Redmond Ms. DELAURO. Mr. Speaker, I move increases for the IRS. Callahan Jefferson Regula a call of the House. We have $377 million for Y–2K, year Calvert Johnson, E. B. Rogers The SPEAKER pro tempore. The gen- 2000 compliance, to make sure that the Camp Johnson, Sam Ros-Lehtinen tlewoman will withhold that motion. Cannon Kanjorski Roukema computers are compliant and that we Cardin Kennedy (MA) Roybal-Allard Under clause 6(e)(2) of rule XV, rec- will be able to process tax returns at Castle Kilpatrick Rush ognition for a motion for a call of the the new millennium, which I do not Clay King (NY) Sabo House is entirely in the discretion of Clayton Kingston Saxton know of any Member who thinks we Clement Kleczka Scott the Chair. should not be able to do in our Federal Clyburn Klink Serrano Mr. HOYER. Mr. Speaker, I yield my- agencies. Conyers Knollenberg Shaw self such time as I may consume. There is $325 million in this bill for Cox Kolbe Shuster I want to reiterate why Members Coyne LaFalce Sisisky technology investment. This was for- Crapo Lantos Skaggs ought to vote for this bill. The reason merly called the tax system mod- Cummings Latham Skeen they ought to vote for this bill is be- ernization program, but unfortunately Cunningham LaTourette Skelton cause it does some things that are very Davis (VA) Leach Smith (NJ) that money was wasted, and we have Delahunt Levin Smith (OR) important to average Americans, fami- now gone back and said that not one DeLay Lewis (CA) Smith (TX) lies in neighborhoods, in communities, dime of this $325 million can be spent Dellums Linder Solomon concerned about the safety of their by the IRS until there is actually an Diaz-Balart Lipinski Spence children, concerned about the safety of Dickey Livingston Stark architectural blueprint or a plan for Dicks Manton Stokes their families, concerned about the how it is going to be used. Dingell Markey Stupak safety of their neighborhoods. Finally $138 million is in there for Dixon Martinez Tanner It provides $3.9 billion for law en- the earned income tax compliance ini- Doggett Matsui Tauzin Dooley McCarthy (NY) Taylor (NC) forcement efforts. Every Member in tiative. We heard about this during the Doolittle McCollum Thomas this House supports that kind of effort. debate over the budget, the concerns Doyle McCrery Thompson The fact of the matter is, $1.6 billion of about fraud and abuse of the EITC. I Dreier McDade Torres that money is for antidrug activities. Dunn McDermott Towns think it is a priority of this House that Ehlers McHale Upton We could all talk about making com- we have more compliance with the Ehrlich McHugh Vento munities safe. We can go back to our EITC. That is why we have it in here. Engel McInnis Waters town meetings and say, I want to keep Mr. SALMON. Mr. Speaker, if the Eshoo McIntosh Watt (NC) Ewing McKeon Waxman America safe from drugs; I want to gentleman will continue to yield, so Farr McNulty Weldon (FL) keep American kids off of drugs. But the overall figure is somewhere over a Fattah Meehan Weldon (PA) the fact of the matter is, this effort half a billion? Fawell Meek Wexler makes that happen. This is an impor- Fazio Millender- Wicker Mr. HOYER. Mr. Speaker, the answer Filner McDonald Wolf tant initiative. to the gentleman’s question is yes, but Flake Miller (CA) Woolsey ONDCP, which is the organization I would point out to the gentleman, the Foglietta Miller (FL) Wynn that General McCaffrey heads up, as all bill is over $200 million below what the Foley Mink Yates Fowler Moakley Young (AK) of you know, the most decorated sol- President felt necessary to fund the dier in America, General McCaffrey IRS. The committee cut that figure by NAYS—207 heads up the ONDCP. He has organized over $200 million. Aderholt Brady Combest an effort across the Government to Mr. HOYER. Mr. Speaker, I yield Allen Brown (OH) Condit Andrews Bryant Cook make sure that we maximize our effort back the balance of my time. Bachus Bunning Cooksey to make our communities safe. We pro- Mr. KOLBE. Mr. Speaker, I yield Baesler Burr Costello vide for monies to go on television. We back the balance of my time. Baker Campbell Cramer know that there is nothing that im- The SPEAKER pro tempore. Without Baldacci Canady Crane Barcia Capps Cubin pacts young people in America like tel- objection, the previous question is or- Barr Carson Danner evision. dered on the conference report. Barrett (WI) Chabot Davis (FL) What this bill does is provide funds There was no objection. Bartlett Chambliss Davis (IL) Bass Chenoweth Deal so that we can communicate with The SPEAKER pro tempore. The Bereuter Christensen DeFazio young people with reference to staying question is on the conference report. Berry Coble DeGette off drugs, as I said earlier, just saying Pursuant to clause 7 of rule XV, the Bonior Coburn DeLauro no. That is a critically important ef- yeas and nays are ordered. Boswell Collins Deutsch H8216 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Duncan Klug Royce to H.R. 2378, Treasury, Postal appropriations 1996. Because our relations with Iran Edwards Kucinich Ryun Emerson LaHood Salmon for fiscal year 1998, had I been present, I have not yet returned to normal, and English Lampson Sanchez would have voted ``no.'' the process of implementing the Janu- Ensign Largent Sanders f ary 19, 1981, agreements with Iran is Etheridge Lazio Sandlin still underway, the national emergency Evans Lewis (GA) Sanford CONTINUING NATIONAL EMER- declared on November 14, 1979, must Everett Lewis (KY) Sawyer GENCY WITH RESPECT TO IRAN— Forbes LoBiondo Scarborough continue in effect beyond November 14, MESSAGE FROM THE PRESIDENT Ford Lofgren Schaefer, Dan 1997. Therefore, in accordance with sec- Fox Lowey Schaffer, Bob OF THE UNITED STATES (H. DOC. tion 202(d) of the National Emergencies Franks (NJ) Lucas Schumer NO. 105–137) Gejdenson Luther Sensenbrenner Act (50 U.S.C. 1622(d)), I am continuing Gekas Maloney (CT) Sessions The SPEAKER pro tempore (Mr. the national emergency with respect to Gephardt Manzullo Shadegg LATOURETTE) laid before the House the Iran. This notice shall be published in Gibbons Mascara Shays following message from the President Gillmor McCarthy (MO) Sherman the Federal Register and transmitted to Goode McGovern Shimkus of the United States; which was read the Congress. Goodlatte McIntyre Slaughter and, together with the accompanying WILLIAM J. CLINTON. Goodling McKinney Smith (MI) papers, without objection, referred to Gordon Menendez Smith, Adam THE WHITE HOUSE, September 30, 1997. Goss Metcalf Smith, Linda the Committee on International Rela- f Graham Mica Snowbarger tions and ordered to be printed: Granger Minge Snyder GENERAL LEAVE To the Congress of the United States: Gutierrez Moran (KS) Souder Mr. ROGERS. Mr. Speaker, I ask Gutknecht Myrick Spratt Section 202(d) of the National Emer- Hall (TX) Neumann Stabenow gencies Act (50 U.S.C. 1622(d)) provides unanimous consent that all Members Hamilton Northup Stearns for the automatic termination of a na- may have 5 legislative days within Hayworth Norwood Stenholm which to revise and extend their re- Hefley Nussle Strickland tional emergency unless, prior to the Herger Pappas Stump anniversary date of its declaration, the marks on further consideration of the Hill Pascrell Sununu President publishes in the Federal Reg- bill, H.R. 2267, and that I may include Hilleary Paul Talent ister and transmits to the Congress a tabular and extraneous material. Holden Pease Tauscher The SPEAKER pro tempore. Is there Hooley Peterson (MN) Taylor (MS) notice stating that the emergency is to Hostettler Peterson (PA) Thornberry continue beyond the anniversary date. objection to the request of the gen- Hulshof Petri Thune In accordance with this provision, I tleman from Kentucky? Hutchinson Pitts Thurman There was no objection. Inglis Pombo Tiahrt have sent the enclosed notice, stating Istook Pomeroy Tierney that the Iran emergency declared in f Jenkins Poshard Traficant 1979 is to continue in effect beyond No- John Price (NC) Turner DEPARTMENTS OF COMMERCE, Johnson (CT) Radanovich Velazquez vember 14, 1997, to the Federal Register JUSTICE, AND STATE, THE JUDI- Johnson (WI) Ramstad Visclosky for publication. Similar notices have CIARY, AND RELATED AGENCIES Jones Reyes Walsh been sent annually to the Congress and APPROPRIATIONS ACT, 1998 Kaptur Riggs Wamp the Federal Register since November 12, Kasich Riley Watkins The SPEAKER pro tempore. Pursu- 1980. The most recent notice appeared Kelly Rivers Watts (OK) ant to House Resolution 239 and rule Kennedy (RI) Rodriguez Weller in the Federal Register on October 31, XXIII, the Chair declares the House in Kennelly Roemer Weygand 1996. This emergency is separate from Kildee Rogan White the Committee of the Whole House on that declared with respect to Iran on Kim Rohrabacher Whitfield the State of the Union for the further Kind (WI) Rothman Wise March 15, 1995, in Executive Order consideration of the bill, H.R. 2267. NOT VOTING—7 12957. b 1755 Gonzalez Maloney (NY) Young (FL) The crisis between the United States Hinchey Pastor and Iran that began in 1979 has not IN THE COMMITTEE OF THE WHOLE Hinojosa Schiff been fully resolved. The international Accordingly, the House resolved it- b 1750 tribunal established to adjudicate self into the Committee of the Whole claims of the United States and U.S. Messrs. SHAYS, COOK, and Mr. House on the State of the Union for the nationals against Iran and of the Ira- BARTLETT of Maryland changed their further consideration of the bill (H.R. nian government and Iranian nationals vote from ‘‘yea’’ to ‘‘nay.’’ 2267) making appropriations for the De- Messrs. BONO, MCINTOSH, and against the United States continues to partments of Commerce, Justice, and BONILLA changed their vote from function, and normalization of com- State, the Judiciary, and related agen- ‘‘nay’’ to ‘‘yea.’’ mercial and diplomatic relations be- cies for the fiscal year ending Septem- So the conference report was agreed tween the United States and Iran has ber 30, 1998, with Mr. HASTINGS of to. not been achieved. In these cir- Washington in the chair. The result of the vote was announced cumstances, I have determined that it The Clerk read the title of the bill. as above recorded. is necessary to maintain in force the The CHAIRMAN. When the Commit- A motion to reconsider was laid upon broad authorities that are in place by tee of the Whole House rose on Friday, the table. virtue of the November 14, 1979, dec- September 26, 1997, amendment No. 16 f laration of emergency and that are by the gentleman from Georgia [Mr. needed in the process of implementing PERSONAL EXPLANATION BARR] had been disposed of and section the January 1981 agreements with Iran. 616 was open to further amendments. Mr. PASTOR. Mr. Speaker, during rollcall WILLIAM J. CLINTON. Are there further amendments to vote No. 474 on H.R. 2378 I was unavoidably THE WHITE HOUSE, September 30, 1997. this section of the bill? detained. Had I been present, I would have NOTICE Mr. ROGERS. Mr. Chairman, I move voted ``aye.'' CONTINUATION OF IRAN EMERGENCY to strike the last word to discuss the f On November 14, 1979, by Executive evening schedule. PERSONAL EXPLANATION Order 12170, the President declared a Mr. Chairman, the first order of busi- Mr. HINOJOSA. Mr. Speaker, on rollcall national emergency to deal with the ness on the consideration of this bill is vote No. 474, final passage of the Treasury, threat to the national security, foreign the matter dealing with the census. Postal Appropriations Conference Report, H.R. policy, and economy of the United Under the unanimous-consent agree- 2378, I was unavoidably delayed. Had I been States constituted by the situation in ment of last week, debate time on this present to vote, I would have voted ``nay.'' Iran. Notices of the continuation of amendment was limited to 80 minutes. f this national emergency have been On this side of the aisle, I do not an- transmitted annually by the President ticipate any extraneous motions, in PERSONAL EXPLANATION to the Congress and the Federal Reg- which case, if the other side could Mrs. MALONEY of New York. Mr. Speaker, ister. The most recent notice appeared agree to that, we could have 80 minutes on rollcall vote No. 474, the conference report in the Federal Register on October 31, where Members would be able to attend September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8217 to other business while the debate on (3) The Board shall promptly report to the (i) The Board shall cease to exist on Sep- this matter proceeds. Congress and the President evidence of any tember 30, 2001. I wonder if the gentleman from West manipulation referred to in paragraph (1). The CHAIRMAN. Pursuant to House (c)(1) The Board shall be composed of 3 Virginia [Mr. MOLLOHAN] would like to Resolution 239, the gentleman from members as follows: discuss that. If so, I will yield. (A) 1 individual appointed by the Presi- West Virginia [Mr. MOLLOHAN] and a Mr. OBEY. Mr. Chairman, would the dent. Member opposed will each control 40 gentleman from Kentucky [Mr. ROG- (B) 1 individual appointed jointly by the minutes. ERS] renew his motion? We could not Speaker of the House of Representatives and Who seeks time in opposition? hear it. the President pro tempore of the Senate. Mr. HASTERT. I do, Mr. Chairman. Mr. ROGERS. I did not have a mo- (C) The Comptroller General of the United The CHAIRMAN. The gentleman tion. What I had attempted to do was States. from Illinois [Mr. HASTERT] will con- to try to explain to the Members that The members appointed under subparagraphs trol 40 minutes. the first order of business now is the (A) and (B), respectively, shall be former The gentleman from West Virginia consideration of the census matter, Presidents or others of similar stature. [Mr. MOLLOHAN] is recognized for 40 (2) Members shall not be entitled to any minutes. which under the unanimous consent of pay by reason of their service on the Board, last week, the debate time is limited to but shall receive travel expenses, including Mr. MOLLOHAN. Mr. Chairman, I 80 minutes. per diem in lieu of subsistence, in accordance yield myself such time as I may If there are no extraneous motions with sections 5702 and 5703 of title 5, United consume. intervening during that period of time States Code. Mr. Chairman, I rise to offer an on either side, Members can feel free to (d)(1) The Board shall have an Executive amendment to the bill. attend to other business during that Director who shall be appointed by the Board I would first like to thank the distin- period of time without fear of a vote. and paid at a rate not to exceed level IV of guished chairman of the Committee on the Executive Schedule. Rules, the gentleman from New York b 1800 (2) The Board may appoint and fix the pay [Mr. SOLOMON], and the distinguished I think I can assure the body that of such additional personnel as it considers appropriate, subject to the provisions of ranking member, the gentleman from there will not be such motions on this chapter 51 and subchapter III of chapter 53 of Massachusetts [Mr. MOAKLEY], for side, and if we can have that assurance title 5, United States Code. making the Mollohan-Shays amend- from that side, Members could have 80 (3) Subject to such rules as may be pre- ment in order. It was the fair thing to minutes. scribed by the Board, the Board may procure do. Mr. OBEY. Mr. Chairman, will the temporary and intermittent services under Mr. Chairman, this is a bipartisan gentleman yield? section 3109(b) of such title 5, but at rates for amendment offered jointly with my Mr. ROGERS. I yield to the gen- individuals not to exceed the daily equiva- colleague from Connecticut [Mr. tleman from Wisconsin. lent of the maximum annual rate of pay pay- able for grade GS–15 of the General Schedule. SHAYS]. I want to take this oppor- Mr. OBEY. With all due respect, Mr. (4)(A) Upon request of the Board, any per- tunity to thank him and the many Chairman, I cannot give that assurance sonnel of an agency under subparagraph (B) other Members on both sides of the on this side because I intend to make may be detailed to the Board, on a reimburs- aisle, especially the gentleman from one of the motions myself. able basis or otherwise, to assist the Board Ohio [Mr. TOM SAWYER] and the gentle- AMENDMENT OFFERED BY MR. MOLLOHAN in carrying out its duties. woman from New York [Mrs. CAROL (B) The agencies under this subparagraph Mr. MOLLOHAN. Mr. Chairman, I MALONEY], who have worked so hard in are the General Accounting Office, the Con- offer an amendment. gressional Research Service, and the Con- support of this amendment. The CHAIRMAN. The Clerk will des- gressional Budget Office. Mr. Chairman, the Constitution re- ignate the amendment. (e)(1) Notwithstanding any provision of quires that we take a census of the en- The text of the amendment is as fol- title 13, United States Code, or any other tire population of the United States lows: provision of law, members of the Board and every 10 years. That means we count Part II amendment printed in House Re- any members of the staff who may be des- everyone, rich people, poor people, port 105–264 offered by Mr. MOLLOHAN: ignated by the Board under this paragraph rural, urban, all races. In the first paragraph under ‘‘DEPART- shall be granted access to any data, files, in- We are increasingly having a problem MENT OF COMMERCE—BUREAU OF THE CEN- formation, or other matters maintained by doing this count accurately. The error SUS—PERIODIC CENSUSES AND PROGRAMS’’ the Bureau of the Census (or received by it in the course of conducting a decennial census rate skyrocketed in 1990 to include 26 strike ‘‘Subject to the limitations provided million people with an undercount of in section 209, for’’ and insert ‘‘For’’. of population) which they may request, sub- Strike section 209 and insert the following: ject to such regulations as the Board may 1.6 percent of the population, and if we SEC. 209. None of the funds made available prescribe in consultation with the Secretary do not do something, Mr. Chairman, it in this Act for fiscal year 1998 may be used of Commerce. is estimated that in 2000 the by the Department of Commerce to make ir- (2) The regulations shall include provisions undercount will continue to climb. reversible plans or preparations for the use under which individuals gaining access to That is a lot of men, women, and chil- of sampling or any other statistical method any information or other matter pursuant to dren that will be left out of our Na- (including any statistical adjustment) in paragraph (1) shall be subject to sections 9 and 214 of title 13, United States Code. tion’s family, just left out, Mr. Chair- taking the 2000 decennial census of popu- man, a lot from the inner city, a lot of lation for purposes of the apportionment of (f) The Board shall transmit to the Con- Representatives in Congress among the gress and the President— the very rural, a lot of poor folks just States. (1) interim reports, as least semiannually, left out of the count. SEC. 210. (a) There shall be established a with the first such report due by August 1, We can do something about this by board to be known as the Board of Observers 1998; and building on sampling methods which for a Fair and Accurate Census (hereinafter (2) a final report not later than August 1, have been a part of the census for the in this section referred to as the ‘‘Board’’). 2001. last 50 years. The Census Bureau wants (b)(1) The function of the Board shall be to The final report shall contain a detailed to employ sampling, not only in this observe and monitor all aspects of the prepa- statement of the findings and conclusions of Democratic administration, but going ration and implementation of the 2000 decen- the Board with respect to the matters de- nial census (including all dress rehearsals) to scribed in subsection (b), together with any back to President Bush’s administra- determine whether the process has been ma- recommendations regarding future decennial tion when Barbara Bryant, Republican nipulated in any way so as to bias the results censuses of population. appointed director of the 1990 census, in favor of any geographic region, population (g) Of the amounts appropriated to the Bu- started working to increase the use of group, or political party, or on any other reau of the Census for each of fiscal years sampling in the census. She says now, basis. 1998 through 2001, $2,000,000 shall be available Mr. Chairman: ‘‘I am very much in (2) In carrying out such function, the to the Board to carry out this section. favor of the plan the Census Bureau Board shall give special attention to the de- (h) To the extent practicable, members of has. It builds work that I started on sign and implementation of any sampling the Board shall work to promote the most techniques and any statistical adjustments accurate and complete census possible by back in 1990.’’ used in determining the population for pur- using their positions to publicize the need Well, these plans and recommenda- poses of the apportionment of Representa- for full and timely responses to census ques- tion are good. It is also good that this tives in Congress among the several States. tionnaires. bill contains $381 million to plan and H8218 CONGRESSIONAL RECORD — HOUSE September 30, 1997 run tests next spring for what could be In their second argument, Mr. Chair- sus. We cannot pass this amendment the most accurate census in our Na- man, opponents of sampling say that it without them. Join us in fashioning a tion’s history. is bad science. Quite the opposite. The census where we count all women, all But there is a very bad provision in experts and statisticians disagree. men, and all children, where we do not this bill, the Hastert substitute which After the 1990 census, the Congress leave out four or five or six million calls for a constitutional review of asked, because of the bad count, the inner city, rural, and poor folks. Let us sampling, and during that review, this Congress asked the National Academy take advantage of this historic oppor- provision kills sampling by prohibiting of Sciences what could be done to make tunity in a bipartisan way to have the the Census Bureau from spending any sure that every person in our country best census ever. money on sampling planning. If the is counted in the 2000 census, unlike Vote for the Mollohan-Shays amend- Census Bureau cannot spend money the 1990 census. And the National ment. planning for sampling, then we cannot Academy of Sciences recommended Following are excerpts from decisions of use sampling in the 2000 census; it is sampling, a greater use of sophisti- several Federal courts which have considered just that simple. cated sampling techniques. the issue of the constitutionality and legality of Now, Mr. Chairman, the amendment Further, the National Research use of sampling and statistical adjustment in the gentleman from Connecticut [Mr. Council, the American Statistical As- the census, and from legal memoranda by SHAYS] and I offer removes the Hastert sociation, and the General Accounting senior Justice Department officials from both prohibitions and replaces them with Office all have endorsed the use of sam- Republican and Democratic administrations. the most reasonable language con- pling, the increased use of sampling, in United States Court of Appeals for the tained in the Senate-passed bill which the census. Sixth Circuit: ‘‘Although the Constitution lets the Census Bureau test scientific Barbara Bryant, again, census direc- prohibits subterfuge in adjustment of census sampling methods so long as they are figures for purposes of redistricting, it does tor under none other than President not irreversible. And our amendment not constrain adjustment of census figures if Bush, had the following to say in a re- goes one step further. We propose to thoroughly documented and applied in a sys- cent letter to Speaker NEWT GINGRICH: tematic manner.’’ create a board of advisors for a fair and In the long run, our Nation is best accurate census. This body would be Young v. Klutznik, 652 F.2d 617, 625 (6th Cir. served by accuracy. Sample surveys to 1981) made up of three individuals, one ap- estimate those who will not or cannot pointed by the President, one jointly be counted in the 2000 census after the United States District Court for the East- appointed by the Speaker and the Census Bureau has made every reason- ern District of New York: ‘‘This Court con- President pro tem of the Senate, and cludes that because Article I, section 2 re- able and good-faith effort to volun- third, the Comptroller General. The quires the census to be as accurate as prac- tarily enumerate them will increase first two appointments shall be former ticable, the Constitution is not a bar to sta- the accuracy of the census. tistical adjustment.’’ Presidents or men and women of simi- Mr. Chairman, in their third argu- lar stature. The main purpose of the City of New York v. U.S. Dept. of Commerce, 739 ment, opponents of sampling say that F.Supp. 761, 767 (E.D.N.Y. 1990) board would be to observe and monitor the Commerce Department will politi- all aspects of the preparation and the cize the results of the census. While I United States District Court for the South- implementation of the 2000 census to do not in any way share this view, its ern District of New York: ‘‘It appears to the assure the process is not in any way Court that this language [in the Constitu- nature makes it impossible to refute manipulated. tion] indicates an intent that apportionment Mr. Chairman, those who object to through fact or expert opinion. It can be based on a census that most accurately sampling use three main arguments only be refuted through a guarantee of reflects the true population of each state.’’ careful oversight, and that is precisely which I think can be soundly refuted. ‘‘Consequently, the Court finds defendants’ In their first arguments, opponents of what the Mollohan-Shays amendment does with the board of advisers for a constitutional and statutory objections con- sampling cite the Constitution. They cerning the impropriety of employing statis- assert that the Constitution requires fair and accurate census; it assures tical adjustments to compensate for the an actual head count of the population. oversight. undercount without merit.’’ However, separate opinions issued by Mr. Chairman, having refuted the Carey v. Klutznik, 508 F.Supp. 404, 415 the Department of Justice under Presi- three most used arguments against (S.D.N.Y. 1980) dents Carter, Bush, and Clinton, bipar- sampling, only one remains: Fear, the fear that using sampling will affect the United States District Court for the East- tisan in nature, all concluded that the ern District of Michigan: ‘‘It is unthinkable Constitution permits the use of sam- political makeup of the House of Rep- resentatives. The real manipulation to suggest, that, when the allocation of fed- pling and statistical methods as a part eral resources and the apportionment of Con- of the census. going on today is the Republicans’ ma- gressional Representatives rest upon an ac- Stuart M. Gerson, assistant attorney jority attempt to control funding to curate census count, and when the Census general, Civil Division, in the Bush ad- prevent the Census Bureau from using Bureau itself knows that there is an ministration, concluded in a July 1991 the one technique all the experts say undercount, which heavily disfavors Blacks memorandum to the Commerce De- will yield the most accurate census. and minorities, and when a method can be partment’s attorney general that the And why are they doing this? By their found to correct that undercount, that the words, it is, they indicate, that it is be- words ‘actual enumeration’ in the Constitu- meaning of the term ‘‘enumeration of tion prevent an adjustment to obtain a more the Constitution’’ is, quote, more like- cause they are afraid of what will hap- accurate figure than the actual headcount.’’ ly found in the accuracy of census-tak- pen if every person in this country is Young v. Klutznik, 497 F.Supp. 1318, 1333 (E.D. ing than in the selection of any par- counted, afraid they may lose seats in Mich 1980) ticular method. Continuing, he says, the Congress. I do not agree with that nothing indicates any additional intent view. It is a false fear. United States District Court for the East- on the part of the Framers to restrict But in any event, let me remind my ern District of Pennsylvania: ‘‘It may be for any time, for all time, the manner colleagues that the purpose of the cen- that today an actual headcount cannot hope sus is to count the people of our Na- to be an accurate reflection of either the size in which the census is conducted, end or distribution of the Nation’s population. If of quote. tion, not to ensure that any political so, it is inconceivable that the Constitution Additionally, on this issue of con- party controls the Congress. We should would require the continued use of a stitutionality of sampling, Mr. Chair- strive toward accuracy and let the po- headcount in counting the population. man, Federal courts have uniformly litical chips fall where they may. To Therefore, the Court holds that the Constitu- upheld the use of sampling. For exam- quote the recent commentary in a tion permits the Congress to direct or permit ple, in the City of New York v. Depart- Business Week magazine, Census 2000, the use of statistical adjustment factors in ment of Commerce, a 1990 case, the Math, Not Politics, Please, end of arriving at the final census results used in reapportionment.’’ court concluded that, quote, because quote. article 1, clause 2, requires the census Mr. Chairman, I would like to close City of Philadelphia v. Klutznick, 503 F.Supp. 663, 679 (E.D.Pa. 1980) (emphasis in original) to be as accurate as practicable, the by reaching out to my Republican col- Constitution is not, is not, a bar to sta- leagues, perhaps some from States that United States Court of Appeals for the Sec- tistical adjustment. had a large undercount in the 1990 cen- ond Circuit: ‘‘Reading sections 141 and 195 [of September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8219 the Census Act] together in light of their semantics, Framers’ intent, or Supreme Census and has developed plans to use sam- legislative history, we conclude that Con- Court case law.’’ pling for non-response follow-up and for inte- gress intended the Secretary (a) to conduct grated coverage measurement. The Bureau an actual enumeration as part of the decen- THE AMERICAN STATISTICAL ASSOCIATION has also created and consulted with a num- nial census, and (b) in lieu of a ‘total’ enu- REPORT OF THE CENSUS BLUE RIBBON PANEL ber of advisory groups and has sought the ad- meration to use sampling and special sur- EXECUTIVE SUMMARY vice of several National Academy of Science veys ‘whenever possible’. Accordingly, we In order to improve the accuracy and to panels. conclude that a statistical adjustment to the constrain the costs of the Decennial Census As the Decennial Census draws nearer, initial enumeration is not barred by the Cen- for the year 2000 the Census Bureau is plan- Congress has been monitoring the Bureau’s planning process more closely. The Bureau’s sus Act and indeed was meant to be encour- ning to make increased use of scientific sam- proposed additional uses of sampling have aged.’’ pling when conducting the Census. Critics created some controversy within Congress. City of New York v. U.S. Department of Com- have questioned the Bureau’s intent to make Several recent actions, as well as proposed merce, 34 F.3d 1114, 1125 (2d Cir 1994) (citations greater use of sampling. Their criticism may legislation, would affect the Bureau’s ability omitted) be based upon a misunderstanding of the sci- to use sampling in the 2000 Census. entific basis of the Census Bureau’s sampling Two bills have been introduced in Congress Stuart Gerson, Assistant Attorney General plans. The President of the American Statis- that would restrict the role of sampling in (Civil Division) in the Bush Administration tical Association appointed this panel and the 2000 Census. One bill, HR3558, sponsored (Legal Opinion for Commerce Dept., July 9, charged it with considering this aspect of the by Congresswoman Carrie Meek (D-Florida), 1991): ‘‘Though the conclusion is not entirely Bureau’s plans and the criticisms of them. In states that ‘‘the Bureau shall attempt to free from doubt, it does appear the Constitu- our statement, we point out that sampling is contact every household directly (whether tion would permit a statistical adjustment if an integral part of the scientific discipline of by mail or in person), and may use sampling it would contribute to an accurate popu- statistics and explain how its use can be an as a substitute for direct contact in a par- lation count.’’ appropriate part of the methodology for con- ticular census tract only after direct contact ducting censuses. has been made with at least 90 percent of the Stuart Gerson, Assistant Attorney General Congress directed the Bureau of the Census households in such tract.’’ This bill reflects (Civil Division) in the Bush Administration, to develop plans for the 2000 Decennial Cen- concern about the Census Bureau’s proposed (Legal Opinion for Commerce Dept., July 9, sus that (1) reduce the undercount, particu- plan to begin the use of sampling for non-re- 1991): ‘‘By directing the conduct of an ‘actual larly the differential in the undercount sponse follow-up when 90 percent of the Enumeration’ for use in subsequent congres- across population groups, and (2) constrain households have been enumerated in each sional apportionments, the Framers replaced the growth of costs. Because sampling poten- county (counties are usually larger and more the ‘conjectural ratio’ used in the initial ap- tially can increase the accuracy of the count diverse geographic areas than are census portionment, with a more permanent and while reducing costs, the Census Bureau has tracts). The other bill, HR3589, sponsored by precise standard. Nothing in the constitu- responded to the Congressional mandate by Congressman Thomas Petri (R-Wisconsin), tional debates or any other historical investigating the increased use of sampling. states that Title 13 of the U.S. Code shall be records, insofar as we are aware, indicates An additional benefit of sampling is that its amended to add the following: ‘‘In no event any additional intent on the part of the appropriate use can also reduce the response may sampling or other statistical procedures framers to restrict for all time—except by burden on the population. We endorse the be used in determining the total population constitutional amendment—the manner in use of sampling for these purposes; it is con- by states . . . for purposes of the apportion- which the census is conducted. Rather, the sistent with best statistical practice. ment of Representatives in Congress among thrust of the ‘actual Enumeration’ language BACKGROUND the several States.’’ This bill would prohibit appears to be simply that the decennial cen- The Bureau of the Census is planning to the use of any sampling to determine popu- sus should represent an accurate counting of improve coverage and constrain the costs of lation counts used for congressional appor- the population ‘in such manner as [the Con- the Decennial Census for the year 2000 by tionment. This effectively prevents the use gress] shall by Law direct’.’’ making greater use of scientific sampling. of sampling for any purpose other than col- * * * * * Sampling is not new to the Census; it has lection of demographic or economic data ‘‘In sum, the essence of enumeration, as been used for decades in compiling the Cen- through the ‘‘long form.’’ the term is both generally and constitu- sus. The Census Bureau has employed sam- In June, the House Committee on Govern- tionally understood, is more likely found in pling to monitor and improve the quality of ment Reform and Oversight prepared a re- the accuracy of census taking rather than in interviewers’ work, to reduce respondent port that recommended against sampling in the selection of any particular method, i.e., burden by asking some questions of only a the Census either to complete the field work a headcount.’’ sample of households, to estimate the num- or to correct the undercount. The committee ber of vacant housing units, and to evaluate has not yet considered or voted on the re- Walter Dellinger, Assistant Attorney Gen- the completeness of the Census’s coverage of port. In early August, the Senate Committee eral in the Clinton Administration (Memo- the population. In addition, for the year 2000, on Appropriations approved a report to ac- randum for the Solicitor General, Oct. 7, the Census Bureau’s plans include sampling company the Fiscal Year 1997 Commerce De- 1994): ‘‘Accordingly, we conclude that the households that do not respond to the mail partment funding bill that would prohibit Constitution does not preclude the [Census] questionnaire and are not reached in initial the Census Bureau from preparing to use Bureau from employing technically and ad- interviewer follow-up. This is a procedure sampling in the Decennial Census. The full ministratively feasible adjustment tech- known as sampling for ‘‘non-response follow- Senate is expected to consider the bill in niques to correct undercounting in the next up.’’ The Census Bureau also plans to use September. decennial census.’’ sampling to account for the remaining small This statement has been composed by a percentage of households that cannot be panel appointed by the President of the Walter Dellinger, Assistant Attorney Gen- counted in the enumeration. This procedure American Statistical Association to consider eral in the Clinton Administration (Memo- is referred to as ‘‘integrated coverage meas- the Census Bureau’s plans to increase the randum for the Solicitor General, Oct. 7, urement.’’ This increased use of sampling use of sampling in the conduct of the next 1994): ‘‘These discussions [at the constitu- has been criticized; however, we believe the Census. The purpose of this statement is to tional convention] make clear that, in re- critics may have misunderstood the sci- point out that sampling is an integral part of quiring an ‘actual’ enumeration, the Fram- entific basis of the Census Bureau’s sampling the scientific discipline of statistics and to ers meant a set of figures that was not a plans. explain briefly how its use can be an appro- matter of conjecture and compromise, such Plans for the 2000 Census have been devel- priate part of the methodology for conduct- as the figures they had themselves provision- oped in response to a dual Congressional ing censuses. ally assumed. An ‘actual’ enumeration would mandate to the Bureau. First, the Census STATEMENT instead be based, as George Mason put it, on Bureau is charged with improving the popu- Uses of and the Scientific Basis for Sampling ‘some permanent and precise standard’. lation count by reducing the undercount Sampling is used widely in science, medi- There is no indication that the Framers in- (which increased from 1.2% of the population cine, government, agriculture, and business sisted that Congress adopt a ‘headcount’ as in 1980 to 1.8% of the population in 1990) and, because it is the fundamental basis for ad- the sole method for carrying out the enu- in particular, with reducing or eliminating dressing specific questions in these arenas. meration, even if later refinements in the the differentially higher undercount of some Sampling is a critical tool for reducing un- metric of populations would produce more groups, such as Africa-Americans and His- certainty; it is possible to draw conclusions accurate measures.’’ panics. Second, the Census Bureau is charged from a scientific sample of empirical obser- with constraining the cost of the 2000 Census vations with specific levels of confidence in John M. Harmon, Asst. Attorney General (census costs escalated sharply between 1970 our conclusions. Statistics, a branch of ap- (Office of Legal Counsel) in the Carter Ad- and 1990, even after allowing for inflation plied mathematics, is a rigorous discipline ministration, (Memorandum dated Sept. 25, and population growth). In carrying out this based upon centuries of development of the 1980): ‘‘In sum, the position that the Con- dual mandate from the Congress, the Census principles of probability and the empirical stitution prohibits any statistical adjust- Bureau has considered a variety of proce- study of their applications. The use of sam- ment is not supportable—not as a matter of dural and technical improvements to the 2000 pling combined with the mathematics of H8220 CONGRESSIONAL RECORD — HOUSE September 30, 1997 probability provide the basis for drawing sci- Conclusion likely before either event. Certainly, the entific inferences from observations. With- Congress directed the Bureau of the Census date of the start of the dress rehearsal, if it out this basis, confirming or rejecting sci- to develop plans for the 2000 Decennial Cen- is March 15, 1998, is less than six months entific theories would be impossible. sus that (1) reduce the undercount particu- from now, much less from the time of enact- Specific areas that use statistical sampling larly the differential in the undercount ment of the provision, if it is enacted, and extensively include auditing, market re- across population groups, and (2) constrain from the time a statistical method is tested, search, quality assurance, approving new the growth of costs. Because sampling has if that is sufficient to confer standing. Thus, drugs, and medical testing. For example, the potential to increase the quality and ac- we can be confident that a decision by March physicians use a sample of blood drawn from curacy of the count and reduce costs, the 15, 1998, is highly unlikely. A decision by the a patient to draw conclusions about all the Census Bureau has responded to the Congres- beginning of the start of the 2000 census is blood in the patient’s body. A full census of sional mandate by investigating the in- certainly possible, if a suit may be filed a patient’s blood is not possible, and a small creased use of sampling. An additional bene- early enough. However, as we indicate below, sample is fully adequate to measure the con- fit of sampling is that its appropriate use it is doubtful that anyone would have stand- centration of a specific chemical in the pa- can also reduce the response burden on the ing by then, even in light of the section, to tient’s blood system. Sampling permits ob- population. The use of sampling for these bring an action. servations to be made efficiently, economi- purposes is consistent with sound statistical We can indicate, from the time line of past cally, and fairly. Without sampling, we practice. cases, especially those where Congress has would not have quality control in our indus- provided especially for judicial review and expedited consideration, that the courts are tries, soil testing in agriculture, or most of CONGRESSIONAL RESEARCH SERVICE, enabled to proceed promptly and in less time the national statistics on which the nation LIBRARY OF CONGRESS, depends. Well-designed samples are used to Washington, DC, September 29, 1997. than with respect to the ordinary case. For draw accurate conclusions in many applica- example, the most recent case was handled To: Honorable Carolyn B. Maloney, Atten- very expeditiously. Raines v. Byrd, 117 S.Ct. tions. The specific design of a sample in a tion: David McMillen particular setting depends on the particular 2312 (1997). Congress in 1996 enacted the Line- From: American Law Division Item Veto Act, which went into effect on problem being addressed. In complex situa- Subject: Questions re Legislative Provision tions such as the census, the detailed sample January 1, 1997. The following day, six Mem- for Expedited Judicial Review of Use of bers of Congress filed suit. The District designs require careful analysis by people sampling and statistical Adjustment in skilled and experienced in census taking. Court handed down its decision on April 10, Year 2000 Census 1997. Pursuant to the statute’s authorization, Using Sampling to Improve the Population This memorandum is in response to your an appeal was filed in the Supreme Court on Count request for our consideration of four ques- April 18, the Court granted review on April The appropriate use of sampling can im- tions dealing with the implementation and 23, and, even though the argument period for prove the count of a population. The basic likely impact of language added to H.R. 2267, the Term had run, special oral argument was idea underlying this conclusion is that some the Commerce, Justice, State, and Judiciary entertained on May 27, and the decision by parts of the population will be easier to Appropriations Bill. By the terms of the the Supreme Court was rendered on June 26. count and some more difficult. After an ef- Rule granted the bill by the Committee on Thus, the time from filing in the District fort has been made to reach all households, Rules, H. Res. 239; H. Rept. 105–264, the provi- Court to the issuance of a decision by the some number of households will not have sion, set out in the cited report, was adopted Supreme Court was less than seven months, been reached; little is known about these upon the adoption of the Rule. although we must observe that the decision Briefly stated, the provision § 209 of H.R. households. Well-designed sampling to ob- was based on the lack of standing by the 2267, authorizes ‘‘[a]ny person aggrieved’’ by tain information about them can reduce Members, perhaps a less difficult issue than the use of a statistical method of determin- what would otherwise be a differential the question on the merits. Nonetheless, the ing population in connection with the year undercount between the easier to count and time frame was significant. 2000, or later, census, to bring a civil action harder to count groups in the population. Other cases could be cited. For example, in for declaratory, injunctive, and other appro- The attachment to this statement briefly ex- Bowsher v. Synar, 478 U.S. 714 (1986), testing priate relief against the use of the method on plains the underlying logic of how sampling the constitutionality of certain features of the ground that it is contrary to the Con- can improve population counts and also re- the Gramm-Rudman-Hollings law, the Bal- stitution or statute. The definition of an duce costs. anced Budget and Emergency Deficit Control ‘‘aggrieved person’’ for purposes of the sec- Act of 1985, the courts moved promptly, In fact, every census is, in some sense, a tion is stated to be any resident of a State again acting within a congressionally-en- sample, since everyone cannot be reached. whose congressional representation or dis- acted provision for expedited judicial review. Some countries, more authoritarian than trict ‘‘could’’ be changed by the use of a sta- The President signed the bill into law on De- ours, have ordered all people to remain in tistical method, any Representative or Sen- cember 12, 1985, and suit was filed the same their homes all day on Census Day until the ator, or either House of Congress. The action day. A three-judge district court was police or the army have come to count them. authorized is to be heard and determined by impaneled, and a decision was issued on Feb- In democratic countries, however, everyone a three-judge district court, pursuant to 28 ruary 7, 1986. An appeal was filed in the Su- cannot be reached and counted. Those who U.S.C. § 2284. Expedited appeal direct to the preme Court on February 18, review was have been counted amount to a sample of the Supreme Court of any decision by the dis- granted on February 24, oral argument was total population, but this is not a sample trict court is provided for under specified held on April 23, and the Court’s decision was based on probability theory because the rea- deadlines for filing. issued on July 7. sons for missing information in the census A significant provision, subsection (b), The time line was thus about seven are not understood. A probability based sam- states that ‘‘the use of any statistical meth- months. ple design, as planned by the Census Bureau, od in a dress rehearsal or similar test or sim- One may assume, therefore, that a suit, permits inferences to be drawn about the en- ulation of a census in preparation for the use properly brought, challenging the use of tire population with a specified level of con- of such method, in a decennial census, to de- some form of statistical adjustment, could fidence. The discipline of statistics largely termine the population for purposes of the be processed within a relatively brief time, focuses on reducing uncertainty through the apportionment or redistricting of members perhaps within seven months and perhaps use of sampling and other statistical tech- in Congress shall be considered the use of within a briefer period. However, that as- niques that permit inferences to be drawn such method in connection with that cen- sumption is of little importance, because the about those missing in a sample. Thus, sci- sus.’’ substantial question, the hard issue, turns on entific probability sampling is broadly appli- Under subsection (d)(2), no appropriated what party has standing to bring such a suit; cable to census taking. funds may be used for any statistical meth- that is, when is a suit ‘‘properly brought’’? In addition, sampling can reduce the bur- od, in connection with the decennial census, That the use of statistical methods, of den on respondents to the census. Just as it once a judicial action is filed, until it has samplings and adjustments, is not a frivo- is not necessary to impose on the medical been judicially determined that the method lous question is evident. The argument is patient the burden of withdrawing all the is authorized by the Constitution and by act whether the Constitution in requiring an blood to measure the platelet count, it is not of Congress. ‘‘actual Enumeration,’’ Art. I, § 2, cl. 3, man- necessary to count every household and Three of your questions relate to the like- dates an actual counting or permits some every person in the country in order to draw lihood of a Supreme Court decision, using kind of statistical analysis to enhance the conclusions about the country. Careful de- the expedited procedure, either by the time count; the further argument is whether Con- sign and execution of probability sampling of the beginning of the 1998 census dress re- gress, in delegating to the Secretary of Com- can permit samples to generate data and pre- hearsal (approximately March 15, 1998) or merce its authority to conduct the census cise inferences in which we can have consid- prior to the census in 2000. Inasmuch as the ‘‘in such Manner as [it] shall by Law direct,’’ erable confidence. Indeed, the ability to em- date of the decision in any such case depends has by instructing him to take ‘‘a decennial ploy sampling is perhaps the single most im- substantially on the filing date of the suit, census of the population . . . in such form portant element in the government’s effort and the beginning of the running of any pe- and content as he may determine . . .’’, 13 to reduce the burden it imposes on the popu- riod of expedition, we cannot even guess U.S.C. § 141(a), supplied him with sufficient lation from which it collects statistics. whether a Supreme Court decision would be authority to supplement or to supplant the September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8221 actual count through statistical methods. Group, 438 U.S. 59, 81–2 (1978); Babbitt v. Farm Third, § 209(a) authorizes ‘‘[a]ny person ag- The Supreme Court has reserved decision on Workers, 442 U.S. 238, 298 (1979); Regional Rail grieved by the use of any statistical method both issues. Wisconsin v. City of New York, 116 Reorganization Act Cases, 419 U.S. 102, 138–48 .. . in connection with . . . [a] census, to de- S.Ct. 1091, 1101 nn. 9, 11 (1996). (1974). The Court requires, though, particu- termine the population for purposes of the Courts have entertained suits arising out larized allegations that show a reasonable apportionment or redistricting of members of these and similar issues. E.g., Wisconsin v. certainty, an actual threat of injury. See of Congress . . .’’ to bring a court action to City of New York, supra; Franklin v. Massa- Renne v. Geary, 501 U.S. 312 (1991); Lujan v. challenge the constitutionality of or the chusetts, 505 U.S. 738 (1992); Dept. of Commerce Defenders of Wildlife, 504 U.S., 564–65 & n. 2. statutory basis of the statistical method. v. Montana, 503 U.S. 442 (1992). However, all Critically, in any event, the certainty of Under § 209(c)(1), an ‘‘aggrieved person’’ is de- three cases arose after the actual conduct of injury requirement is a constitutional limi- fined to include ‘‘an resident of a State or official decision about a particular action tation, while the factual adequacy element whose congressional representation or dis- that resulted in actual injury to a State or is a prudential limitation on judicial review. trict could be changed as a result of the use to a political subdivision. These cases, and Regional Rail Reorganization Act Cases, 419 of a statistical method.’’ (Emphasis sup- earlier decisions in the lower courts concern- U.S., 138–48. plied). By § 209(b), it is provided that ‘‘the use ing the 1990 and 1980 censuses, certainly Congress is free to legislate away pruden- of any statistical method in a dress rehearsal stand for the proposition that polities have tial restraints upon the jurisdiction of the or similar test or simulation of a census in standing to sue to contest actions that have courts and to confer standing to the utmost preparation for the use of such method . . . already occurred and that have injured extent permitted by Article III. But, Con- shall be considered the use of such method in them. They do little to advance the inquiry gress may not legislatively dispense with Ar- connection with that census.’’ (Emphasis sup- required by § 209. ticle III’s constitutional requirement of a plied). That is, any person residing in a state All citizens, of course, have an interest distinct and palpable injury to a party or, if that ‘‘could’’ lose House representation as a that the Constitution be observed and fol- the injury has not yet occurred, a realistic result of a statistical adjustment of a census lowed, that laws be enacted properly based danger of its happening. Warth v. Seldin, 422 may sue as soon as there is ‘‘a dress re- on and permitted by the Constitution, and U.S. 490, 501 (1975); Raines v. Byrd, 117 S.Ct., hearsal or similar test or simulation of a that laws be correctly administered. How- 2318 n. 3. Cf. United States v. SCRAP, 412 U.S. census.’’ ever, this general interest, shared by all, is 669 (1973), disparaged in Whitmore v. Arkansas, The case law makes it clear that this au- insufficient to confer standing on persons as 495 U.S. 149, 159 (1990), asserting that it thorization, if enacted, would run afoul of citizens or as taxpayers. Schlesinger v. Reserv- ‘‘surely went to the outer limit of the law.’’ constitutional barriers to congressional con- ists Com. to Stop the War, 418 U.S. 208 (1974); The Court has firmly held that Congress, in ferral either of standing or of ripeness or United States v. Richardson, 418 U.S. 166 (1974). pursuit of judicial oversight over govern- both. See also Valley Forge Christian College v. ment activity in areas of general public in- Under Article III, for a litigant to have Americans United, 454 U.S. 464, 483 (1982); Allen terest, areas that would not support standing standing, he must allege an injury in fact to v. Wright, 468 U.S. 737, 754 (1984); Lujan v. De- in the first instance, may not enlarge the himself or to an interest; if the injury has fenders of Wildlife, 504 U.S. 555, 560 (1992). Con- scope of judicial review by definitionally ex- not yet occurred, he must allege a strong gress may not overturn this barrier to suit in panding the meaning of standing under Arti- basis for fear that the injury will happen, federal court by devising a test law suit. cle III. Lujan v. Defenders of Wildlife, 504 U.S., that there is a real danger of the injury E.g., Muskrat v. United States, 219 U.S. 346 571–78. ‘‘Whether the courts were to act on being felt. The quoted provisions purport to (1911) (striking down a statute authorizing their own, or at the invitation of Congress, confer standing far beyond this constitu- certain named Indians to bring a test suit in ignoring the concrete injury requirement tional requirement. against the United States to determine the described in our cases, they would be dis- validity of a law affecting the allocation of carding a principle fundamental to the sepa- To illustrate, when each census occurs, it Indian lands, in which the attorneys’ fees of rate and distinct constitutional role of the is the responsibility of the Bureau of the both sides were to be paid out of tribal funds, Third Branch—one of the essential elements Census to calculate, using what is called deposited in the Treasury). that identifies those ‘Cases’ and ‘Controver- ‘‘the method of equal proportions,’’ 2 U.S.C. Standing is one element of the sies’ that are the business of the courts rath- § 2a(a), the number of seats, above the one justiciability standard, which limits Article er than of the political branches.’’ Id., 576. each State is constitutionally guaranteed, to III federal courts to the decision only of ‘‘[Statutory] broadening [of] the categories be allocated to each State, and the numbers cases that properly belong within the role al- of injury that may be alleged in support of are processed by the Department of Com- located to federal courts. ‘‘[A]t an irreduci- standing is a different matter from abandon- merce, which refers them to the President, ble minimum,’’ the constitutional requisites ing the requirement that the party seeking who has the responsibility to transmit them under Article III for the existence of stand- review must himself have suffered an in- to Congress. See generally Dept. of Commerce ing are that the party seeking to sue must jury.’’ Id., 578 (quoting Sierra Club v. Morton, v. Montana, 503 U.S. 442 (1992); Franklin v. personally have suffered some actual or 405 U.S. 727, 738 (1972)). Massachusetts, 505 U.S. 788, Wisconsin v. City threatened injury that can fairly be traced Turning, then, to the proposed § 209, we of New York, 116 S.Ct. 1091 (1996). The alloca- to the challenged action of the defendant and must observe that the precedents strongly tion is not final until the President submits that the injury is likely to be redressed by a counsel that the conferral of standing, espe- the figures to Congress. Franklin v. favorable decision. E.g., Allen v. Wright, 468 cially in its definitional design of injury in Massachsuetts, 505 U.S. 796–801. It is then that U.S., 751; Lujan v. Defenders of Wildlife, supra, fact, would be inadequate to authorize judi- the loss of a seat or seats is legally final, and 504 U.S., 560; Raines v. Byrd, 117 S.Ct., 2317–18. cial review until the occurrence of the in- it seems clear that the States losing seats ‘‘We have always insisted on strict compli- jury, the calculation of population figures have suffered a cognizable injury, enabling ance with this jurisdictional standing re- showing the gains and losses of seats in the them to bring suit to challenge at least cer- quirement.’’ Id., 2317. House of Representatives. tain aspects of the conduct of the census. Id., The first element, injury in fact, is a par- First, the conferral of standing in sub- 801–803. ticularly stringent requirement. ‘‘[T]he sections (c)(2) and (3) is likely ineffective. In Whether residents of a State that has lost plaintiff must have suffered an ‘injury in Raines v. Byrd, supra, Congress had included one or more seats in the House of Represent- fact’—an invasion of a legally protected in- in the Line-Item Veto Act authorization for atives have standing to bring suit is ques- terest which is (a) concrete and particular- ‘‘[a]ny Member of Congress’’ to bring an ac- tionable. Certainly, voters in a State in ized, . . . and (b) actual or imminent, not tion to contest the constitutionality of the which redistricting is not accomplished conjectural or hypothetical. ‘‘Lujan v. De- Act. The Court held that the Members seek- through the creation of equally-populated fenders of Wildlife, 504 U.S., 560 (internal ing to sue had suffered no personal, individ- districts have standing to complain about quotation marks omitted). As the latter part ualized injury, only rather an assertion of an the dilution of their voting strength. E.g., of the element indicates, a party need not institutional injury to their status as Mem- Wesberry v. Sanders, 376 U.S. 1 (1964); Darcher await the consummation of the injury in bers, that was inadequate under Article III. v. Daggett, 462 U.S. 725 (1983). And a resident order to be able to sue. However, as the deci- Conceivably, Members representing a State of a congressional district that has been sions combining parts of standing and of Ar- that lost one or more seats in the House as drawn impermissibly using race has standing ticle III ripeness show, pre-enforcement chal- a result of statistical re-evaluation of the to challenge that districting. United States v. lenges to criminal and regulatory legislation census enumeration could suffer the same in- Hays, 515 U.S. 737 (1995). But in the context of will be permitted if the plaintiff can show a jury that all residents of the State incurred, a State losing a House seat, every resident of realistic danger of sustaining an injury to but that injury would be confined as we dis- that State has a general interest that is his rights as a result of the governmental ac- cuss below. shared by all other residents. It is not a par- tion impending; a reasonable certainty of the Second, while either the House of Rep- ticularized injury in fact that is what nor- occurrence of the perceived threat to a con- resentatives or the Senate may have inter- mally confers standing. stitutional interest is sufficient to afford a ests that could be injured by Executive Let us, however, assume that residents basis for bringing a challenge, provided the Branch action, giving either body or both would have standing. The injury would not court has before it sufficient facts to enable bodies standing to bring an action, what in- occur until the President transmits the fig- it to intelligently adjudicate the issues. terest either House could assert in the re- ures to Congress. Even if one could allege the Buckley v. Valeo, 424 U.S. 1, 113–18 (1976); Duke allocation of seats in the House of Rep- imminent likelihood of injury, a realistic Power Co. v. Carolina Environmental Study resentatives is unclear at best. danger of injury, that development is only H8222 CONGRESSIONAL RECORD — HOUSE September 30, 1997 going to mature when the census is com- Mr. Chairman, it can be done, and in The supporters of census sampling pleted and the calculations are made award- fact it has been done. Once again Wash- would have us believe that section 141 ing the correct number of seats to each ington bureaucrats need to listen and allows that sampling be used for re- House. And we hear speak of a challenge to the actual census. learn from folks outside the beltway. apportionment. That is simply not The challenge, however, authorized by In testimony before my subcommit- true. Congress specifically left intact § 209, is to the use of a statistical method tee, communities like Milwaukee, Wis- the absolute prohibition on their use of that ‘‘could’’ change the result of the census consin, Indianapolis, and Cincinnati apportionment purposes established in enumeration. An injury in fact would not describe how they conducted an actual section 195. If Congress had intended occur, again, until the result is reported to count at accuracy levels higher than that sampling be used for reapportion- Congress by the President; an imminent in- those the Census Bureau proposes to ment, they would have repealed section jury in fact could conceivably occur when the Census Bureau and the Commerce De- achieve with their risky statistical 195 at that time. They did not. partment utilize a statistical adjustment scheme. Census Bureau Director Riche Mr. Chairman, the law is clear, and I that changes the allocation of seats. But may not trust her ability to count, but believe that the Justices will confirm that occurs after the tabulation of the cen- Michael Morgan in Milwaukee proved that. The Justices know that actual sus result and the utilization of a statistical he knew how to do it. enumeration means to count. Listen to method that changes the result of the census Mr. Chairman, census sampling is a what Justice Scalia said during the count itself. bad idea, but there is a more fun- last census case, and I quote: The Supreme Court has never approved standing premised on an allegation that a damental question: Is it legal and con- The text of the Constitution, as I read it, particular governmental action ‘‘could’’ stitutional to use sampling and statis- does not say that there will be an estimate cause an injury. Of course, the application of tical adjustment to apportion this of the number of citizens. It talks about ac- a statistical method ‘‘could’’ work a change House among the States? I believe it is tual enumeration. It doesn’t even use the in the census, but to which States and with clear that census sampling and statis- word ‘‘census’’. It says actual enumeration. what results would be extremely speculative tical adjustments are both illegal and He added, and I quote, under the best of circumstances. unconstitutional. In that light, to Adjustment techniques ultimately involve Moreover, the definition of the ‘‘use of any blindly move forward with a $5 million kinds of value choices and are therefore po- statistical method’’ to include a test, or litically manipulable. dress rehearsal, or simulation of a census census that could well be thrown out would confer standing that is even further by the Supreme Court would be very Mr. Chairman, the Justices also removed from the occurrence of the event foolish. know that they will ultimately be called on to rule on the legality of sam- that ‘‘could’’ or ‘‘might’’ result in an injury. b 1815 It would be impossible to point to any result pling. In the case that I just mentioned of the conduct of a test or whatever that Article I, section 2 of the Constitu- the city of New York tried to force a might conceivably occasion the loss of one or tion states that actual enumeration of statistical adjustment of the census. more House seats. the population be conducted every 10 The Supreme Court ruled that the Sec- Because Congress lacks the power to create years. a definition of standing or of the imminent retary of Commerce could not be forced likelihood of injury giving standing that To enumerate means to count, one- to do so. During the oral arguments, would infringe the constitutional require- by-one. It does not mean that we Justice Scalia said that this case will ment of standing—of injury in fact or of the should use sampling as a shortcut just decide whether you must use statis- imminent likelihood of injury—it appears because counting might be hard. Nor tical estimates and the next one will extremely likely that the Supreme Court does it mean that we should use statis- decide whether you may use it. would either strike down the provision, cf. tical adjustment to manipulate the Mr. Chairman, the Supreme Court City of Boerne v. Flores, 117 S.Ct. 2157 (1997), count so that the results are more to will answer that fundamental question or disregard it. Cf. Raines v. Byrd, supra. someone else’s liking. Finally, we must note § 209(e) that purports sooner or later. My language in this to authorize any executive branch agency or The 14th amendment to the Constitu- bill is designed to make it sooner. My entity having authority to carry out the cen- tion States that ‘‘Representatives shall colleagues on the other side of the aisle sus to bring a civil action to obtain a declar- be apportioned among the several should not be afraid to let the Supreme atory judgment as to its constitutional and States according to their respective Court rule. It is our duty as the peo- statutory powers in this regard. It seems numbers, counting the whole number ple’s representatives to see their tax doubtful that this authority could be exer- of persons in each State.’’ The 14th money is spent wisely, not wasted. The cised. It would likely fall under the principle amendment does not tell us to use sta- wisest course for Congress today is to that no suit may be maintained unless there tistics; it tells us to count. is adversity between the plaintiffs and the take the politics out of the census and defendants. See Muskrat v. United States, 219 Title 13 of the United States Code, let the Supreme Court decide before U.S. 346 (1911). What government agencies section 195, states that ‘‘Except for the billions of tax dollars are wasted. have to do is to proceed on the basis of their determination of population for pur- Mr. Chairman, the Mollohan-Shays judgment about their powers, and then they poses of apportionment of Representa- amendment does not protect the census will be subject to suit challenging that judg- tives in Congress among the several from political mischief or the tax- ment. This subsection appears to do nothing States, the Secretary shall, if he con- payers from fiscal disaster. The Mollo- less than to authorize an agency to seek an siders it feasible, authorize the use of han-Shays amendment will leave tax- advisory opinion. the statistical method known as sam- JOHNNY H. KILLIAN, payers wide open to multibillion dollar Senior Specialist, pling.’’ boondoggles. Protect the integrity of American Constitutional Law. Mr. Chairman, the statute is crystal our census and the tax dollars of hard- Mr. MOLLOHAN. Mr. Chairman, I re- clear. While allowing statistical meth- working Americans. Reject the Mollo- serve the balance of my time. ods for nonconstitutionally required han-Shays amendment and allow the Mr. HASTERT. Mr. Chairman, I yield purposes, the 1957 statute explicitly Supreme Court to rule. myself as much time as I may maintained an absolute firewall Mr. Chairman, I reserve the balance consume. against the use of statistical methods of my time. Mr. Chairman, I believe that every for reapportionment. This was a wise, Mr. MOLLOHAN. Mr. Chairman, I Member of this House can agree that bipartisan precaution designed to pre- yield such time as he may consume to we need to conduct the census that in- vent the census from deteriorating into the gentleman from Illinois [Mr. cludes all Americans and is free of any a partisan power grab. DAVIS]. partisan manipulation. There are those Mr. Chairman, the Congress re- (Mr. DAVIS of Illinois asked and was who say that this no longer can be ac- affirmed this firewall once again in given permission to revise and extend complished by actually counting Amer- 1976 when it passed into law Title 13, his remarks.) icans. They want to restore the statis- section 141 of the United States Code. Mr. DAVIS. Mr. Chairman, I rise in tical methods in order to estimate or This section allows the Secretary support of the Mollohan-Shays amend- guess how many people are in this broad discretion in the use of statis- ment. country. They have thrown up their tical methods for nonapportionment Mr. Chairman, I rise today and join my col- hands and said an accurate census can- purposes. Let me repeat: for nonappor- leagues in strong support of the Mollahan- not be done by counting. tionment purposes. Shays amendment. This amendment is about September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8223 ensuring an accurate count of the 2000 cen- Ten percent of the count in 1990 was tain death for a fair and accurate cen- sus. The Constitution requires an accurate wrong. The Census Bureau will make an un- sus. count, not a headcount. This amendment precedented effort to count all Americans di- There has been a great deal of misin- would allow the use of statistical sampling to rectly. Sampling is scientific, not guessing. formation that has been bandied about, conduct the 2000 census. Conducting the most accurate census must and I would like to set the record Since 1790, during the first census there be the goal for the 2000 census, that goal straight on the Census Bureau’s plan. was a significant undercount especially among cannot be met without the use of sampling. What the Census Bureau plans to do minorities. Two hundred years later in 1990, it We owe it to ourselves and we owe it to the will be the largest peacetime mobiliza- is estimated that the census missed 10 per- American people. tion ever. Ninety percent of the people cent of the population. The Government Ac- Therfore, I urge my colleagues to join me in will be counted using traditional meth- counting Office estimates that as many as 26 support of this amendment that would allow ods. People will be contacted four million people were missed. Locally, in the for the use of statistical sampling. times through the mail. They will be State of Illinois, the undercount was about .98 Mr. MOLLOHAN. Mr. Chairman, I contacted by phone for the first time. percent. In Cook County undercount was yield such time as he may consume to Community outreach will include about 1.6 percent. The city of Chicago the gentleman from Missouri [Mr. forms that are in post offices, stores, undercount was about 2.4 percent. CLAY]. churches, malls, and TV ads are in the Furthermore, African-Americans were said (Mr. CLAY asked and was given per- works. to have anywhere from a 5±6 percent mission to revise and extend his re- Then the Bureau will begin to knock undercount; Latinos were about 5 percent; and marks.) on doors, but we know that many of Asian Pacific Islanders were about a 3-percent Mr. CLAY. Mr. Chairman, I thank these doors will remain shut because undercount. the gentleman for yielding, and I rise people do not open their doors to The statistics demonstrate that the poor and in support of the Mollohan-Shays strangers, they are not there, they are mainly racial minorities are seriously missed. amendment. at work. And only for the last 10 per- Africans-Americans are 7 times as likely to be Mr. Chairman, no one honestly or seriously cent, for those people who could not be missed as Whites. That translates into beingÐ disputes that the 1990 census undercounted reached by mail, phone, a knock on the 7 times more likely to be denied resources the population. Nor does anyone honestly or door, or through the media, only for and representation in Congress, State legisla- seriously dispute the fact that minority popu- that last 10 percent will statistical tures, city councils, county boards and other lations, blacks and Hispanics especially, as sampling be used. Mr. Chairman, we know that some political subdivision. An undercount among mi- well as rural residents and children were dis- people are more likely to be missed norities furthers their deprivation to Federal proportionately undercounted. than others. They are our Nation’s money while devaluing their political power. Though my colleagues on the other side of poor, our Nation’s minorities. They are Billions of Federal dollars are at stake. Gov- the aisle will try to confuse the issue, there is the people who most need to be heard ernmental agencies often use census data to no debate at all within the scientific community and who are most often silenced. The dole out money or at least to determine tar- that the use of statistical sampling would im- use of sampling is the civil rights issue geted areas for distribution. There are some prove the accuracy of the census. So what is this debate about? Some have of the 1990’s. 120 federally-funded programs that move ap- There are hundreds of professional contended that statistical sampling may be a proximately $150 billion a year, which use the organizations, community groups, edi- means by which the census would be inten- census data in their formulation for distribu- torial boards across the country, ex- tionally distorted. The sponsors of this amend- tion. perts, who all endorse sampling. The ment have dealt with that concern by crafting In 1990, children made up only one-fourth of Mollohan-Shays amendment will give an amendment that, among other things, pro- the population but accounted for 52 percent of people the simple right to the represen- vides assurances that sampling will be con- the undercount. The children, the most vulner- tation that they deserve. able people in our society have been denied ducted in a scientific, non-partisan manner. I urge my colleagues to do what is representation and valuable resources be- So what are the real concerns? Well, Mr. right for all of their constituents. cause of this significant undercount. Chairman, it is blatantly obvious to me that Make sure they can count on us not to This amendment simply seeks to ensure those who oppose sampling fear that their count them out in the year 2000 census. that each and every individual is counted with- own political power would be threatened by an Vote for the Mollohan-Shays biparti- out regard to color, wealth, or status. This accurate census. And, rather than contest for san amendment. amendment protects both the urban and rural political power out in the open, they prefer a Mr. Chairman, I include for the dweller. system that denies millions of Americans the RECORD data from the Congressional If the primary goals of the upcoming census representation they are due under our Con- Research Service in support of my posi- are to reduce cost and to eliminate the dif- stitution. tion. The CRS report says that the ferential undercount, then let's take the politics In the end, what this debate is about is Hastert amendment will just block for- out of the census. The real issue is how to get whether we reject the view that some people ward-going of an accurate census. the most accurate count and the real answer may as well be invisible and whether we will CONGRESSIONAL RESEARCH SERVICE, is sampling. abide by the principle of one man-one vote. I THE LIBRARY OF CONGRESS, Statistical sampling and estimation tech- urge my colleagues to support the Mollohan- Washington, DC, September 29, 1997. niques have been proposed as a means to fin- Shays amendment. To: Honorable Carolyn B. Maloney, Atten- ish the undercount for the 10 percent that are Mr. MOLLOHAN. Mr. Chairman, I tion: David McMillen. the hardest to reachÐthe hardest to find, the yield 2 minutes to the gentlewoman From: American Law Division. Subject: Questions re Legislative Provision from New York [Mrs. MALONEY], who is left out, the hopeless and helpless, tradition- for Expedited Judicial Review of Use of ally minorities and the poor. This is not the the ranking minority member on the sampling and statistical Adjustment in first time that sampling has been used in the Subcommittee on Government Man- Year 2000 Census. census. This approach has also been en- agement, Information, and Technology This memorandum is in response to your dorsed by expert panels of the National Acad- of the Committee on Government Re- request for consideration of four questions emy of Sciences, the American Statistical As- form and Oversight. dealing with the implementation and likely sociation, the Commerce Department's In- Mrs. MALONEY of New York. Mr. impact of language added to H.R. 2267, the Chairman, sending the census sampling Commerce, Justice, State, and Judiciary Ap- spector General, the GAO and various other propriations Bill. By the terms of the Rule professional organizations. issue before the Supreme Court cer- granted the bill by the Committee on Rules, As a matter of fact, three separate panels tainly sounds like a righteous com- H. Res. 239; H. Rept. 105–264, the provision, convened by the National Academy of promise, but beware of a wolf in sheep’s set out in the cited report, was adopted upon Sciences have recommended that the Census clothing. The Supreme Court will de- the adoption of the Rule. Bureau use sampling in the 2000 census to cide in favor of sampling, but while we Briefly stated, the provision § 209 of H.R. save money and improve accuracy. The com- are waiting as long as a year, the stall- 2267, authorizes ‘‘[a]ny person aggrieved’’ by the use of a statistical method of determin- merce IG has said that sampling and statis- ing will kill sampling for the 2000 cen- ing population in connection with the year tical methods are the only way to eliminate the sus. Indecision will become the deci- 2000, or later, census, to bring a civil action historic, disproportionate undercount of people sion. Missing the Census Bureau dead- for declaratory, injunctive, and other appro- of color and the poor. lines for as long as a year means cer- priate relief against the use of the method on H8224 CONGRESSIONAL RECORD — HOUSE September 30, 1997 the ground that it is contrary to the Con- the constitutionality of certain features of III federal courts to the decision only of stitution or statute. The definition of an the Gramm-Rudman-Hollings law, the Bal- cases that properly belong within the role al- ‘‘aggrieved person’’ for purposes of the sec- anced Budget and Emergency Deficit Control located to federal courts. ‘‘[A]t an irreduci- tion is stated to be any resident of a State Act of 1985, the courts moved promptly, ble minimum,’’ the constitutional requisites whose congressional representation or dis- again acting within a congressional-enacted under Article III for the existence of stand- trict ‘‘could’’ be changed by the use of a sta- provision for expended judicial review. The ing are that the party seeking to sue must tistical method, any Representative or Sen- President signed the bill into law on Decem- personally have suffered some actual or ator, or either House of Congress. The action ber 12, 1985,and suit was filed the same day. threatened injury that can fairly be traced authorized is to be heard and determined by A three-judge district court was impaneled, to the challenged action of the defendant and a three-judge district court, pursuant to 28 and a decision was issued on Feburary 7. 1986. that the injury is likely to be redressed by a U.S.C. § 2284. Expedited appeal direct to the An appeal was filed in the Supreme Court on favorable decision. E.g., Allen v. Wright, 468 Supreme Court of any decision by the dis- February 18, review was granted on February U.S., 751; Lujan v. Defenders of Wildlife, supra, trict court is provided for under specified 24, oral argument was held on April 23, and 504 U.S., 560; Raines v. Byrd, 117 S.Ct., 2317–18, deadlines for filing. the Court’s decisions was issued on July 7. ‘‘We have always insisted on strict compli- A significant provision, subsection (b), The time line was thus about seven ance with this jurisdictional standing re- states that ‘‘the use of any statistical meth- months. quirement.’’ Id., 2317. od in a dress rehearsal or similar test or sim- One may assume, therefore, that a suit, The first element, injury in fact, is a par- ulation of a census in preparation for the use properly brought, challenging the use of ticularly stringent requirement. ‘‘[T]he of such method, in a decennial census, to de- some form of statistical adjustment, could plaintiff must have suffered an ‘injury in termine the population for purposes of the be processed within a relatively brief time, fact’—an invasion of a legally protected in- apportionment or redistricting of members perhaps within seven months and perhaps terest which is (a) concrete and particular- in Congress shall be considered the use of within a briefer period. However, that as- ized, . . . and (b) actual or imminent, not such method in connection with that cen- sumption is of little importance, because the conjectural or hypothetical.’’ Lujan v. De- sus.’’ substantial question, the hard issue, turns on fenders of Wildlife, 504 U.S., 560 (internal Under subsection (d)(2), no appropriated what party has standing to bring such a suit; quotation marks omitted). As the latter part funds may be used for any statistical meth- that is, when is a suit ‘‘properly brought’’? of the element indicates, a party need not od, in connection with the decennial census, That the use of statistical methods, of await the consummation of the injury in once a judicial action is filed, until it has samplings and adjustments, is not a frivo- order to be able to sue. However, as the deci- been judicially determined that the method lous question is evident. The argument is sions combining parts of standing and of Ar- is authorized by the Constitution and by act whether the Constitution in requiring an ticle III ripeness show, pre-enforcement chal- of Congress. ‘‘actual Enumeration,’’ Art. I, § 2, cl. 3, man- lenges to criminal and regulatory legislation Three of your questions relate to the like- dates an actual counting or permits some will be permitted if the plaintiff can show a lihood of a Supreme Court decision, using kind of statistical analysis to enhance the realistic danger of sustaining an injury to the expedited procedure, either by the time count; the further argument is whether Con- his rights as a result of the governmental ac- of the beginning of the 1998 census dress re- gress, in delegating to the Secretary of Com- tion impending; a reasonable certainty of the hearsal (approximately March 15, 1998) or merce its authority to conduct the census occurrence of the perceived threat to a con- prior to the census in 2000. Inasmuch as the ‘‘in such Manner as [it] shall by Law direct,’’ stitutional interest is sufficient to afford a date of the decision in any such case depends has by instructing him to take ‘‘a decennial basis for bringing a challenge, provided the substantially on the filing date of the suit, census of the population . . . in such form court has before it sufficient facts to enable and the beginning of the running of any pe- and content as he may determine . . .’’, 13 it to intelligently adjudicate the issues, riod of expedition, we cannot even guess U.S.C. § 141(a), supplied him with sufficient Buckley v. Valeo, 424 U.S. 1, 113–18 (1976); Duke whether a Supreme Court decision would be authority to supplement or to supplant the Power Co. v. Carolina Environmental Study likely before either event. Certainly, the actual count through statistical methods. Group, 438 U.S. 59, 81–2 (1978); Babbitt v. Farm date of the start of the dress rehearsal, if it The Supreme Court has reserved decision on Workers, 442 U.S. 289, 298 (1979); Regional Rail is March 15, 1998, is less than six months both issues. Wisconsin v. City of New York, 116 Reorganization Act Cases, 419 U.S. 102, 138–48 from now, much less from the time of enact- S.Ct. 1091, 1101 nn. 9, 11 (1996). (1974). The Court requires, though, particu- ment of the provision, if it is enacted, and Courts have entertained suits arising out larized allegations that show a reasonable from the time a statistical method is tested, of these and similar issues, E.g., Wisconsin v. certainty, an actual threat of injury. See if that is sufficient to confer standing. Thus, City of New York, supra; Franklin v. Massa- Renne v. Geary, 501 U.S. 312 (1991); Lujan v. we can be confident that a decision by March chusetts, 505 U.S. 738 (1992); Dept. of Commerce Defenders of Wildlife, 504 U.S., 564–65 & n. 2. 15, 1998, is highly unlikely. A decision by the v. Montana, 503 U.S. 442 (1992). However, all Critically, in any event, the certainty of beginning of the start of the 2000 census is three cases arose after the actual conduct of injury requirement is a constitutional limi- certainly possible, if a suit may be filed or official decision about a particular action tation, while the factual adequacy element early enough. However, as we indicate below, that resulted in actual injury to a State or is a prudential limitation on judicial review. it is doubtful that anyone would have stand- to a political subdivision. These cases, and Regional Rail Reorganization Act Cases, 419 ing by then, even in light of the section, to earlier decisions in the lower courts concern- U.S., 138–48. bring an action. ing the 1990 and 1980 censuses, certainly Congress is free to legislate away pruden- We can indicate, from the time line of past stand for the proposition that polities have tial restraints upon the jurisdiction of the cases, especially those where Congress has standing to sue to contest actions that have courts and to confer standing to the utmost provided especially for judicial review and already occurred and that have injured extent permitted by Article III. But, Con- expedited consideration, that the courts are them. They do little to advance the inquiry gress may not legislatively dispense with Ar- enabled to proceed promptly and in less time required by § 209. ticle III’s constitutional requirement of a than with respect to the ordinary case. For All citizens, of course, have an interest distinct and palpable injury to a party or, if example, the most recent case was handled that the Constitution be observed and fol- the injury has not yet occurred, a realistic very expeditiously. Raines v. Byrd, 117 S.Ct. lowed, that laws be enacted properly based danger of its happening. Warth v. Seldin, 422 2312 (1997). Congress in 1996 enacted the Line- on and permitted by the Constitution, and U.S. 490, 501 (1975); Raines v. Byrd, 117 S.Ct., Item Veto Act, which went into effect on that laws be correctly administered. How- 2318 n. 3. Cf. United States v. SCRAP, 412 U.S. January 1, 1997. The following day, six Mem- ever, this general interest, shared by all, is 669 (1973), disparaged in Whitmore v. Arkansas, bers of Congress filed suit. The District insufficient to confer standing on persons as 495 U.S. 149, 159 (1990), asserting that it Court handed down its decision on April 10, citizens or as taxpayers. Schlesinger v. Reserv- ‘‘surely went to the outer limit of the law.’’ 1997. Pursuant to the Statute’s authoriza- ists Com. to Stop the War, 418 U.S. 208 (1974); The Court has firmly held that Congress, in tion, an appeal was filed in the Supreme United States v. Richardson, 418 U.S. (1974). pursuit of judicial oversight over govern- Court on April 18, the Court granted review See also Vallety Forge Christian College v. ment activity in areas of general public in- on April 23, and, even though the argument Americans United, 454 U.S. 464, 483 (1982); Allen terest, areas that would not support standing period for the Term had run, special oral ar- v. Wright, 468 U.S. 737, 754 (1984); Lujan v. De- in the first instance, may not enlarge the gument was entertained on May 27, and the fenders of Wildlife, 504 U.S. 555, 560 (1992). Con- scope of judicial review by definitionally ex- decision by the Supreme Court was rendered gress may not overturn this barrier to suit in panding the meaning of standing under Arti- on June 28. federal court by devising a test law suit. E.g., cle III. Lugan v. Defenders of Wildlife, 504 Thus, the time from filing in the District Muskrat v. United States, 219 U.S. 346 (1911) U.S., 571–78, ‘‘Whether the courts were to act Court to the issuance of a decision by the (striking down a statute authorizing certain on their own, or at the invitation of Con- Supreme Court was less than seven months, named Indians to bring a test suit against gress, in ignoring the concrete injury re- although we must observe that the decision the United States to determine the validity quirement described in our cases, they would was based on the lack of standing by the of a law affecting the allocation of Indian be discarding a principle fundamental to the Members, perhaps a less difficult issue than lands, in which the attorneys’ fees of both separate and distinct constitutional role of the question on the merits. Nonetheless, the sides were to be paid out of tribal funds, de- the Third Branch—one of the essential ele- time frame was significant. posited in the Treasury). ments that identifies those ‘Cases’ and ‘Con- Other cases could be cited. For example, in Standing is one element of the troversies’ that are the business of the Bowsher v. Synar, 478 U.S. 714 (1986), testing justiciability standard, which limits Article courts rather than of the political September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8225 branches.’’ Id., 576. ‘‘ ‘[Statutory] broadening are processed by the Department of Com- Finally, we must note § 209(e) that purports [of] the categories of injury that may be al- merce, which refers them to the President, to authorize any executive branch agency or leged in support of standing is a different who has the responsibility to transmit them entity having authority to carry out the cen- matter from abandoning the requirement to Congress. See generally Dept. of Commerce sus to bring a civil action to obtain a declar- that the party seeking review must himself v. Montana, 503 U.S. 442 (1992); Franklin v. atory judgment as to its constitutional and have suffered an injury.’’ Id., 578 (quoting Si- Massachusetts, 505 U.S. 788, Wisconsin v. City statutory powers in this regard. It seems erra Club v. Morton, 405 U.S. 727, 738 (1972)). of New York, 116 S.Ct. 1091 (1996). The alloca- doubtful that this authority could be exer- Turning, then, to the proposed § 209, we tion is not final until the President submits cised. It would likely fall under the principle must observe that the precedents strongly the figures to Congress. Franklin v. Massa- that no suit may be maintained unless there counsel that the conferral of standing, espe- chusetts, 505 U.S., 796–801. It is then that the is adversity between the plaintiffs and the cially in its definitional design of injury in loss of a seat or seats is legally final, and it defendants. See Muskrat v. United States, 219 fact, would be inadequate to authorize judi- seems clear that the States losing seats have 346 (1911). What government agencies have to cial review until the occurrence of the in- suffered a cognizable injury, enabling them do is to proceed on the basis of their judg- jury, the calculation of population figures to bring suit to challenge at least certain as- ment about their powers, and then they will showing the gains and losses of seats in the pects of the conduct of the census. Id., 801– be subject to challenging that judgment. House of Representatives. 803. This subsection appears to do nothing less First, the conferral of standing in sub- Whether residents of a State that has lost than to authorize an agency to seek an advi- sections (c)(2) and (3) is likely ineffective. In one or more seats in the House of Represent- sory opinion. Raines v. Byrd, supra, Congress had included atives have standing to bring suit is ques- JOHNNY H. KILLIAN, in the Line-Item Veto Act authorization for tionable. Certainly, voters in a State in Senior Specialist, ‘‘[a]ny Member of Congress’’ to bring an ac- which redistricting is not accomplished American Constitutional Law. tion to contest the constitutionality of the through the creation of equally-populated Act. The Court held that the Members seek- districts have standing to complain about CONGRESS OF THE UNITED STATES, ing to sue had suffered no personal, individ- the dilution of their voting strength. E.g., Washington, DC, September 29, 1997 ualized injury, only rather an assertion of an Wesberry v. Sanders, 376 U.S. 1 (1964); Darcher SUPPORT MOLLOHAN-SHAYS institutional injury to this status as Mem- v. Daggett, 462 U.S. 725 (1983). And a resident bers, that was inadequate under Article III. of a congressional district that has been CRS: Supreme Court Review Won’t Happen Conceivably, Members representing a State drawn impermissibly using race has standing DEAR COLLEAGUE: Last week the Rules that lost one or more seats in the House as to challenge that districting. United States v. Committee changed the restrictive language a result of statistical re-evaluation of the Hays, 515 U.S. 737 (1995). But in the context of on the census in the Commerce, Justice, census enumeration could suffer the same in- a State losing a House seat, every resident of State Appropriations bill at the request of jury that all residents of the State incurred, that State has a general interest that is Rep. Hastert, to ban the use of modern sta- but that injury would be confined as we dis- shared by all other residents. It is not a par- tistical methods pending a court decision. cuss below. ticularized injury in fact that is what nor- Proponents of the Hastert language argue Second, while either the House of Rep- mally confers standing. that they have provided a compromise, but resentatives or the Senate may have inter- Let us, however, assume that residents in reality this is just another attempt to ests that could be injured by Executive would have standing. The injury would not stop the census from counting everyone. Branch action, giving either body or both occur until the President transmits the fig- We have always believed that it is legal to bodies standing to bring an action, what in- ures to Congress. Even if one could allege the use sampling in the Census, based on Su- terest either House could assert in the re- imminent likelihood of injury, a realistic preme Court decisions and opinions from the allocation of seats in the House of Rep- danger of injury, that development is only Justice Department under three Presidents. resentatives is unclear at best. going to mature when the census is com- Because we take seriously concerns about Third, § 209(a) authorizes ‘‘[a]ny person ag- pleted and the calculations are made award- partisan manipulation of the census, we sup- grieved by the use of any statistical method ing the correct number of seats to each port the Mollohan-Shays Amendment setting .. . in connection with . . . [a] census, to de- House. And we hear speak of a challenge to up a three-member bipartisan panel to over- termine the population for purposes of the the actual census. see Census 2000. Mr. Hastert instead proposed apportionment or redistricting of members The challenge, however, authorized by a court review. Today we received a memo- of Congress . . .’’ to bring a court action to § 209, is to the use of a statistical method randum from the Congressional Research challenge the constitutionality of or the that ‘‘could’’ change the result of the census Service responding to a request to analyze statutory basis of the statistical method. enumeration. An injury in fact would not the Hastert language. In short, the Hastert Under § 209(c)(1), an ‘‘aggrieved person’’ is de- occur, again, until the result is reported to language will not result in a decision on the fined to include ‘‘any resident of a State Congress by the President; an imminent in- constitutionality of sampling, it will only whose congressional representative or dis- jury in fact could conceivably occur when block the use of appropriated funds. trict could be changed as a result of the use the Census Bureau and the Commerce De- The first issue is what lawyers call stand- of a statistical method.’’ (Emphasis sup- partment utilize a statistical adjustment ing: whether someone can sue over the use of plied). By § 209(b), it is provided that ‘‘the use that changes the allocation of seats. But sampling in the census. In other words, has of any statistical method in a dress rehearsal that occurs after the tabulation of the cen- someone been injured by a government ac- or similar test or simulation of a census in sus result and the utilization of a statistical tion, and can thus use the courts to address preparation for the use of such method . . . method that changes the result of the census that injury. The Hastert language tries to shall be considered the use of such method in count itself. get around this issue by declaring in the bill connection with that census.’’ (Emphasis sup- The Supreme Court has never approved who has standing to sue. Unfortunately, the plied). That is, any person residing in a state standing premised on an allegation that a Constitution does not allow that. There is a that ‘‘could’’ lose House representation as a particular governmental action ‘‘could’’ Constitutional test to determine who has result of a statistical adjustment of a census cause an injury. Of course, the application of standing in a case, and Congress cannot by- may sue as soon as there is ‘‘a dress re- a statistical method ‘‘could’’ work a change pass that requirement in a law. As CRS said, hearsal or similar test or simulation of a in the census, but to which States and with ‘‘The case law makes it clear that this au- census.’’ what results would be extremely speculative thorization, if enacted, would run afoul of The case law makes it clear that this au- under the best of circumstances. constitutional barriers to Congressional re- thorization, if enacted, would run afoul of Moreover, the definition of the ‘‘use of any ferral either of standing or of ripeness or constitutional barriers to congressional con- statistical method’’ to include a test, or both.’’ ferral either of standing or of ripeness or dress rehearsal, or simulation of a census Even if standing were not a constitutional both. would confer standing that is even further problem for the Hastert proposal, the Su- Under Article III, for a litigant to have removed from the occurrence of the event preme Court has made it quite clear that a standing, he must allege an injury in fact to that ‘‘could’’ or ‘‘might’’ result in an injury. challenge to the census must take place himself or to an interest; if the injury has It would be impossible to point to any result after the numbers are final. As the CRS re- not yet occurred, he must allege a strong of the conduct of a test or whatever that port says, ‘‘[W]e must observe that the basis for fear that the injury will happen, might conceivably occasion the loss of one or precedents strongly counsel that the confer- that there is a real danger of the injury more House seats. ral of standing, especially in its definitional being felt. The quoted provisions purport to Because Congress lacks the power to create design of injury in fact, would be inadequate confer standing far beyond this constitu- a definition of standing or of the imminent to authorize judicial review until the occur- tional requirement. likelihood of injury giving standing that rence of injury, the calculation of population To illustrate, when each census occurs, it would infringe the constitutional require- figures showing the gains and losses of seats is the responsibility of the Bureau of the ment of standing—of injury in fact or of the in the House of Representatives.’’ Census to calculate, using what is called imminent likelihood of injury—it appears The CRS memorandum is quite clear that ‘‘the method of equal proportions,’’ 2 U.S.C. extremely likely that the Supreme Court this language will not work. ‘‘The case law § 2a(a), the number of seats, above the one would either strike down the provision, cf. makes it clear that this authorization, if en- each State is constitutionally guaranteed, to City of Boerne v. Flores, 117 S.Ct. 2157 (1997), acted, would run afoul of constitutional bar- be allocated to each State, and the numbers or disregard it. Cf. Raines v. Byrd, supra. riers to congressional conferral either of H8226 CONGRESSIONAL RECORD — HOUSE September 30, 1997 standing or of ripeness or both.’’ The memo- provision. Then we will count. We will meration or pure ‘counting’ has been randum goes on to say ‘‘. . . it appears ex- count the poor, we will count the mi- pushed well beyond the point at which tremely likely that the Supreme Court norities, we will count all Americans, it adds to the overall accuracy of the would either strike down the provision, or as is required by the Constitution. census.’’ disregard it.’’ That panel went on to recommend a Only the Mollohan-Shays Amendment Mr. MOLLOHAN. Mr. Chairman, I am works towards a fair and accurate census. pleased to yield 3 minutes to the dis- census that started with a good faith CAROLYN MALONEY, tinguished gentlewoman from Mary- effort to count everyone, but then CHRISTOPEHR SAHYS, land [Mrs. MORELLA]. truncate physical enumeration and use Members of Congress. Mrs. MORELLA. Mr. Chairman, I sampling to estimate the characteris- thank the gentleman for yielding me tics of the remaining nonrespondents. PROFESSIONAL ORGANIZATIONS THAT HAVE this time. Following these recommendations, ENDORSED THE USE OF SAMPLING IN THE 2000 Mr. Chairman, I rise today in strong the Census Bureau announced in Feb- CENSUS support of the Mollohan-Shays amend- ruary of 1995 a plan for the 2000 census National Academy of Sciences Panel on ment. The Census Bureau needs the full which makes an unprecedented at- Census Requirements in the Year 2000 and $381.8 million appropriated in fiscal tempt to count everyone by mail, fol- Beyond. lowed by door-to-door enumeration National Academy of Sciences Panel to year 1998 to prepare for the Census 2000. Evaluate Alternative Census Methods. Fencing off all but $100 million would until reaching 90 percent of the house- American Statistical Association. jeopardize critical components of cen- holds in each census tract. A sample of American Sociological Association. sus preparation, including the dress re- households is then used to estimate the Council of Professional Associations on hearsal and the preparation of the long last 10 percent. Federal Statistics. form. I know my time has expired. A whole National Association of Business Econo- As Members of Congress, we depend list of scientific organizations agree mists. with it. It will save money, and it will Association of University Business and on the accurate information provided by the census to give us insight into be an accurate count. Economic Research. Mr. HASTERT. Mr. Chairman, I yield Association of Public Data Users. our changing communities and con- Decision Demographics. stituencies. If this amendment is not myself 15 seconds just to inform the Mr. HASTERT. Mr. Chairman, I yield passed and data is not collected in Cen- gentlewoman from Maryland that the 2 minutes to the gentlewoman from sus 2000, we will lose the only reliable Census Bureau gets all of the money that they asked for, it is not fenced off, Ohio [Ms. PRYCE]. and nationally comparable source of and so she is misinformed. Ms. PRYCE of Ohio. Mr. Chairman, I information on our population. Both Mr. Chairman, I yield 6 minutes to rise today in strong opposition to the the private and public sectors, includ- the distinguished gentleman from Ken- Mollohan amendment on census sam- ing State, county and municipal agen- tucky [Mr. ROGERS], chairman of the pling, and in support of the provision cies, educators and human service pro- subcommittee. offered by the gentleman from Illinois viders, corporations, researchers, polit- [Mr. HASTERT]. ical leaders, and Federal agencies rely b 1830 As a former judge I want to stress on the census long form. Mr. ROGERS. Mr. Chairman, I thank that sampling is neither a Republican The Mollohan-Shays amendment is the gentleman for yielding me the issue nor a Democratic issue. It is a critical if we are to prevent the mis- time. legal issue and a constitutional issue takes that were made in 1990. I served Mr. Chairman, I rise in opposition to which ultimately should and must be on the Committee on Post Office and the Mollohan amendment and in sup- settled by the U.S. Supreme Court, not Civil Service during the 1990 census and port of the provisions in the bill re- a politicized commission as proposed I saw firsthand the mistakes that were garding the 2000 census. While I cer- by the Mollohan amendment. By de- made. tainly respect and appreciate the ef- feating the Mollohan amendment, we According to the GAO, the 1990 cen- forts of my distinguished ranking will help clear the way for enactment sus got 10 percent of the count wrong. member, the gentleman from West Vir- of the Hastert provision. Over 26 million people were missed, ginia [Mr. MOLLOHAN], and I know that Now, here is what the Hastert provi- double-counted, or counted in the his intention is good, his amendment sion does. First, it recognizes that the wrong place. Let me quote from the fails to address any of the real issues legislative and executive branches have GAO Capping report on the 1990 census, surrounding the 2000 census. reached an unresolvable impasse on the which makes it clear that a straight My colleagues, this is one of the most subject of sampling and statistical ad- count will not work. GAO reported important issues that will come before justment. Then it asks the judicial that, ‘‘the current approach to taking the Congress. It is the Congress’ con- branch to fulfill the role envisioned for the census needs to be fundamentally stitutional responsibility to ensure it by the Founding Fathers in the Con- reassessed.’’ that an actual enumeration of the pop- stitution, and step in and decide this ‘‘The current approach to taking the ulation is conducted once every 10 dispute through the court system. census appears to have exhausted its years. Those are the words in the Con- Then it protects the taxpayer by get- potential for counting the population stitution. ting a court decision on the legality of cost-effectively,’’ et cetera. There is no other activity conducted sampling and statistical adjustment ‘‘Specifically, the amount of error in by the Federal Government that has before billions of taxpayer dollars are the census increases precipitously as more of an impact on the daily lives of spent and potentially wasted. time and effort are extended to count each and every one of our constituents. Now, just like a judge would issue a the last few percentages of the popu- The census is used for everything, from temporary restraining order to prevent lation.’’ ensuring that our constituents’ con- further harm in a dispute between two There is, my friends, strong scientific stitutional right of one person-one vote private parties, the Hastert provision evidence that sampling will result in is upheld, to determining how Federal would move to protect the taxpayers the most accurate census possible. The dollars are apportioned to our commu- from potential harm by putting a tem- experts agree that spending more nities. porary hold on funding for sampling money to go door-to-door will result in Many of us are all too familiar with while the court hears the case. Once errors as large or larger than 1990, and the consequences of a disputed census. the Supreme Court has reached a final that the 2000 census will be more accu- In 1990, the American taxpayer spent decision, the temporary funding hold is rate for all congressional districts than $2.6 billion on the 1990 census. What did removed and the Census Bureau will be 1990, 19 times more accurate for the Na- we get? A botched census, a census free to spend money in compliance tion. whose results were litigated for most of with the law as determined by the As a result of the GAO evaluation the decade, a census whose results will court. and bipartisan direction from Congress, forever be questioned. We cannot afford Mr. Chairman, I urge my colleagues the Census Bureau turned to the Na- another disaster like 1990. But that is to defeat the Mollohan amendment and tional Academy of Science for advice. exactly where we are headed if the Con- to allow the enactment of the Hastert The first panel said, ‘‘physical enu- gress does not accept its responsibility September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8227 to ensure that the 2000 census is above swer. Why? Because the commission sible. What he says is, we will go to reproach. has neither the expertise nor the power court. The administration’s plan for the to oversee the administration’s com- But the Supreme Court will not de- 2000 census represents the most radical plicated, convoluted census 2000. cide it. Standing is a core conservative departure from the manner in which If Members want to know how well principle. I thought the gentleman’s the census has been conducted for the an oversight commission works, we amendment was written by William O. last 200 years. Serious doubts have have a recent example, the Teamsters Douglas. I thought William O. Douglas been raised about whether the adminis- election. The taxpayers spent $21 mil- had channeled himself through to tration is planning a fair census, a lion on an oversight board for the somebody on the other side, because he legal census, a constitutional census. Teamsters election, and what was the is the great liberal justice who says Many of us believe the administration result? They threw out the election there is a constitutional question, let plans are not fair, and that they will and they are going to start all over me at it, I will handle it. What in fact not result in a more accurate census. again, I guess. They are going to ask us the conservatives said is, no. You talk Why? For starters, we have already to oversee it a second time. They had about judicial activism, this is a monu- seen how dangerous an error-prone sta- better ask us real hard about that. If ment to judicial activism. This is a tistical manipulation can be in the we need any evidence about whether an constitutional question. We will ask census. In 1990, over the objections of oversight commission can protect the the United States Supreme Court for the Census Bureau ‘‘experts’’, the Sec- census, look to the Teamsters. We will an advisory opinion. It will not give it retary of Commerce refused to adjust spend $4 billion on the census, and then to you. It requires an injury in fact. the census numbers using statistics be- we will have to start all over again in Here is how you define standing. Here cause he thought they were inaccurate. 2001. is who could bring this lawsuit. Any He was right. Years after the fact the It is the Congress’ duty to oversee resident of a State, resident, not even a same Census Bureau ‘‘experts’’ discov- the census. It is our duty to ensure citizen, any resident of a State whose ered their statistically manipulated that it is fair, that it is legal, and that congressional district could, not was, numbers had overestimated the num- it is constitutional. The Mollohan could, in fact be changed. If you ber of people missed by millions, and amendment would have us abdicate thought that your district might gain because of a computer glitch would that constitutional responsibility. under this, you could go in and get an have mistakenly caused Pennsylvania At a time when the public’s faith in advisory opinion. to lose a seat in this body. the institutions of government is at an The Supreme Court will not do it. No Just last month, the Census Bureau all-time low, we have a duty to ensure one familiar with this jurisprudence had to retract their own report extol- that the 2000 census is above reproach. thinks remotely that you could force ling the accuracy of their census plans Make no mistake about it, the very in- this. If it were possible, it would be a because a computer glitch underesti- tegrity of the census is at stake here, good way. But remember, we said, we mated the error rates. But even more not to mention a multibillion dollar will have to deal with these first importantly, unlike 1990, we are not taxpayer investment. through the electoral process and the even going to have an actual count of Mr. Chairman, I urge rejection of the political process, and only after the the population. Why? Because the ad- Mollohan amendment. fact can you go to court. Who said ministration only wants to count 90 Mr. MOLLOHAN. Mr. Chairman, I that? That was done by conservatives percent of us, and then guess the rest. yield such time as she may consume to to keep the non-elected judiciary from So how will we ever know what the ac- the distinguished gentlewoman from being too intrusive. What the gentle- tual count was, and how will we ever California [Ms. ROYBAL-ALLARD]. man’s amendment does is to reverse know if statistical adjustment is more (Ms. ROYBAL-ALLARD asked and that principle of judicial restraint. accurate? The answer is, we never will. was given permission to revise and ex- Mr. HASTERT. Mr. Chairman, I yield The administration expects us to trust tend her remarks.) 2 minutes and 40 seconds to the gen- the experts, the same ones that rec- Ms. ROYBAL-ALLARD. Mr. Chair- tleman from Georgia [Mr. KINGSTON]. ommended we use faulty numbers to man, I thank the gentleman for yield- Mr. KINGSTON. Mr. Chairman, there adjust the 1990 census. ing time to me. is a story of a very learned doctor of But even more fundamental to this I rise in strong support of the Mollo- theology, a distinguished minister, who debate is the question of whether the han-Shays amendment. was walking through the park one day. administration’s plans are legal and Mr. MOLLOHAN. Mr. Chairman, I constitutional. Many of us believe they He sees a guy who is kind of an itin- yield 2 minutes to the distinguished are not. We can debate those issues all erant of sorts, and he is reading the gentleman from Massachusetts [Mr. day and night. It would not matter, be- Book of Revelations. The doctor of the- FRANK]. cause only the courts can decide that, ology says to him, in a condescending, Mr. FRANK of Massachusetts. Mr. and the courts will decide that, one intellectual way, my good man, ‘‘Do Chairman, if what the gentleman who way or the other. The only question is, you have any idea at all of what you just spoke wanted to have happen when. are reading in the Book of Revela- Under the bill, we say, have the could happen, I would support it. What tions?’’ To which the guy said, ‘‘No, I courts resolve the questions now before he said is look, there is a constitu- can’t say I understand every little bit we spend $4 billion on a census that is tional question here. Let us, before of it.’’ And he says, ‘‘Then sir, why are likely to be held illegal or unconstitu- anything happens, go to the United you reading it?’’ He said, ‘‘Because I tional. Does the Mollohan amendment States Supreme Court and ask them to know how it ends.’’ address those questions? No. Even tell us. They will not do it. There is a What I am saying, Mr. Chairman, is I worse, it strikes the very provisions in core principle of American constitu- do not believe this is a debate of the bill that would ensure the courts tionalism, which conservatives usually pointy-headed intellectual bean- answer these questions before the fact. adhere to, which says they do not issue counters. I think this is a debate about In fact, instead of addressing any of advisory opinions. The United States common sense. Here is how I under- these serious questions surrounding Supreme Court does not decide until stand this issue. Under the normal U.S. the census, the Mollohan amendment there is a case or controversy, defined census procedure, you go to a house. avoids them entirely, and instead tries repeatedly by Justice Scalia, who was You ask how many folks live there. to say that the only concern surround- quoted only partially on one point, as Three. You go to the second house. ing the census is the threat of political injury in fact. How many live there? Seven. How manipulation. That is just not the We recently had an effort to try to many live in the third house? Six. You case, though certainly, given the track get around that by getting an advisory write down three, seven, six. You come record of this administration, I can un- opinion in effect on the line item veto. up with 16. derstand how people would be so con- The Supreme Court unanimously said, Now, under the Democratic cerned. or almost unanimously said no, you samplematics, you are doing it a little Even if it were the only concern, the cannot have it. What the gentleman more creatively. You go to the first Mollohan amendment is not the an- from Kentucky is asking for is impos- house and count three, to the second H8228 CONGRESSIONAL RECORD — HOUSE September 30, 1997 house and count seven, and at the third dressed this issue has said that statis- the gentleman, if he would stay at the house you go to the drugstore and get tical sampling is acceptable under the podium. yourself a Coca-Cola, and you sample Constitution. I would just like to assure the gen- about 20 people there. Then, depending b 1845 tleman, that is precisely the reason. on how many you need, you say, in That is the one argument against the total, we got maybe 15 to 25 people, de- The Federal District Court, Eastern census that cannot be refuted by fact, pending on how many the folks need District of New York, said it is no because it is based upon suspicion. back in the office, and that is the longer novel or in any sense new law to That is why we created this oversight count. declare that statistical adjustment of board, which is composed of former Now, let us say that is how this thing the census is both legal and constitu- Presidents, people who have absolute works, in layman’s terms, so I can un- tional because article I, section 2, re- credibility, to give the census credibil- derstand it. Now think about it in quires the census to be as accurate as ity, because this kind of a debate that other potential applications. We may practical. The Constitution is not a bar the gentleman just engaged in, in and want to take a second look at this as to statistical sampling. This is a bogus of itself, is the greatest underminer of argument that my colleagues are Members of Congress. What would be public confidence. using. Statistical sampling is constitu- some other potential sampling applica- Also, with regard to the efficacy of tional. sampling, our own Speaker GINGRICH tions? I rise in support of the amendment. How about balancing your check- Mr. HASTERT. Mr. Chairman, I yield must have believed in the efficacy of book? No problems with overdrafts. 2 minutes to the gentleman from Iowa sampling because on April 30, 1991, he How about adjusting your income wrote, in part, to the Secretary of [Mr. LATHAM], a member of the sub- taxes; you know, sending it to the IRS, committee, who is well familiar with Commerce, I quote, I respectfully re- and when they start complaining, there bean counters. quest that the census numbers for the is a lot of IRS passion going on these Mr. LATHAM. Mr. Chairman, I guess State of Georgia be readjusted to re- days, you can say, ‘‘Hey, look, I just being in the soybean business, we do flect the accurate population of the used sampling to send you what I owed count a few beans there. State so as to include the over 100,000 you.’’ But I think we have to look at what which were not previously included. That has often handicapped us. I will this debate really is all about. We are Mr. Chairman, I yield 2 minutes to just say that a lot of people sample on talking about the census, but really the distinguished gentleman from their golfing already. On the SAT, for what it gets down to is money and Texas [Mr. STENHOLM]. those Members with teenaged kids try- power. It really gets down to the de- (Mr. STENHOLM asked and was ing to get into college, sample up the bate of whether we want those things given permission to revise and extend SAT score, 1,500. Speeding tickets: ‘‘Of- distributed in a fair and honest manner his remarks.) ficer, I was going about 100, but I was or if we want someone possibly with Mr. STENHOLM. Mr. Chairman, sampling. Just give it to me at 55.’’ political motivation to guess at where though much of the debate on correct- That is what this is about. those things go. ing the undercount of the census is Mr. Chairman, the 14th Amendment No. 1, with the money, as everyone centered around the number of people of the United States says it real easy here knows, and I do not know if the not counted in urban areas, as one who for someone like me and a lot of other folks at home know that where the represents a very rural district, I want folks, that counting the whole number Federal dollars are distributed is based to highlight the fact that people in of persons in each State is the way to on the count, would we rather have an rural areas are being missed as well. In do your sampling. actual real count to know that we are fact, some of our rural areas are under- Mr. MOLLOHAN. Mr. Chairman, I am getting our share of Federal dollars or counted to a greater degree than the pleased to yield 2 minutes to the dis- would we like a bureaucrat here in entire country. tinguished gentleman from North Caro- Washington to guess at it? According to the Census Bureau, the lina [Mr. WATT]. As far as power, it has to do with how net undercount for the Nation in 1990 Mr. WATT of North Carolina. Mr. many Representatives we have from was 1.6 percent, while rural areas were Chairman, I thank the gentleman for our States. If our State is kind of on undercounted at a rate of 5.9 percent. I yielding me the time. the bubble here as to whether we are want to emphasize that accuracy is Mr. Chairman, I do not believe there going to lose a seat or gain a seat, do critical. Let there be no disagreement is a Member of this House who over the we want that determined by an actual on that as we prepare for the 2000 cen- last 5 years has risen in defense of the real count or do we want a bureaucrat sus. The Census Bureau should form United States Constitution more than I here in Washington to make that de- early and active partnerships with have. I honestly would tell the Mem- termination for us and mute our State and local governments so that bers if I thought statistical sampling voices? It is simply wrong to go that these governments will have an early was unconstitutional, regardless of the route. opportunity to review census address political consequences. I would be ris- I do not necessarily say that there is lists and maps for their area. ing in support of the Constitution, in going to be politics involved in this This amendment will remove the re- defense of the Constitution. census or this guessing that we are pro- strictive language included in the bill I think this whole constitutional ar- posing do here, but let us look at the and allow the Census Bureau to con- gument is a bogus argument, however, record. Has this administration politi- tinue to plan for the 2000 census. Their and it fails to read the entire sentence cized any other departments in govern- proposal, which is supported by sci- in Article I, Section 2, clause 3 of the ment? Look at the FBI. There are 900 entists and statistical experts, should Constitution, because that section of files of private citizens for political improve accuracy and save costs. the Constitution requires an actual reasons in the White House today. It is fascinating to sit here and listen enumeration, but then it goes on to They brought in over a million citizens to colleague after colleague argue say, ‘‘. . .in such manner as the Con- last year for the election and did not against the best science available. I gress shall by law direct.’’ And all of check the background, for political have taken to this well day after day these gentlemen who have gotten up reasons, of 180,000 of them. There are after day, arguing that we should use and talked about requiring a head 30,000 convicted felons in this country the best science available, whether we count seem to be ignoring the second because they politically wanted to get are talking about environmental is- part of the sentence. more people registered to vote. sues, food safety issues, or census is- Every single Justice Department Would they politicize the census? sues. But tonight in this debate, we are that has opined on this issue, the Bush What do my colleagues think? We need being selective as to which science we Justice Department, the Carter Justice an honest, fair, real, legal, and con- should use. I find this a fascinating ar- Department, the Clinton Justice De- stitutional census, and that means to gument to listen to. partment, have all said that statistical count real people. I am convinced, absolutely con- sampling is fine under the Constitu- Mr. MOLLOHAN. Mr. Chairman, I vinced, that statistical sampling is the tion. Every single court that has ad- yield myself 45 seconds to respond to best method to get an accurate census, September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8229 and I urge my colleagues to listen to norities. There will be even more. So retary shall, if he considers it feasible, this debate and to listen to those who you may as well learn that you have to authorize the use of the statistical are saying that only some science is count them accurately. You cannot method.’’ It specifically excludes good and we will be selective in which count them accurately by the kinds of counting by sample, by guess, a deter- we choose to agree to. Statistical sci- enumeration that you are doing or that mination, ‘‘for the purposes of appor- entists say that sampling will help us you expect to do. tionment.’’ get an accurate count. Is that not what So it tells me that the issue is that We want to count everybody. If they we all should really be for? because you know there are more of are under the bridges, go down there I urge my colleagues to support the them than there are of you, that you and count them. You are getting paid Mollohan-Shays amendment. do not want an accurate count. They to count them. Why is that less accu- Mr. HASTERT. Mr. Chairman, I yield are going to be there. They are going rate than guessing how many people 1 minute to the gentleman from Flor- to be under the bridges. They are going are under the bridge? Your administra- ida [Mr. MILLER] to be in the homeless shelters. There tion does not exactly wear a T-shirt Mr. MILLER of Florida. Mr. Chair- are going to be people who do not re- saying, ‘‘trust me,’’ and engender an man, I rise in opposition to the amend- turn those things to the census. awful lot of confidence to have you ment offered by the gentleman from All I am saying to you is, it is fruit- count how many people there are and West Virginia and in opposition to the less, it is crazy, it is a waste of money, where they are and what the districts use of sampling. but you would rather do that politi- shall be in the next 10 years. The CHAIRMAN. The Committee will I am a former statistics professor. I cally and for power than to go to a rise informally in order that the House taught statistics at both the under- sampling which the Mollohan amend- may receive a message. graduate and graduate level at several ment is asking us to do. You would The SPEAKER pro tempore (Mr. MIL- universities. I have respect for sam- rather take that useless method be- LER of Florida) assumed the chair. pling, but sampling is used when you cause you do not want to count every- f do not have enough time or money. body. You want to go back to the time What you really want to have is census when there was a serious undercount. FURTHER MESSAGE FROM THE information, statistics. When you use It will repeat itself. It was in 1990, as SENATE sampling, you have bias. You have non- you see from this chart. It is going to A further message from the Senate sampling bias, and you have sampling be in the year 2000, because you are by Mr. Lundregan, one of its clerks, an- bias. going to insist on counting every head. nounced that the Senate agrees to the In my first lecture on statistics both Mr. Chairman, they cannot enumer- report of the committee of conference at the graduate level and the under- ate and count every head because they on the disagreeing votes of the two graduate level, I used to use this book, are not going under the bridges, they Houses on the amendment of the Sen- still available to buy in the book store. are not going on the highways and by- ate to the bill (H.R. 2203) ‘‘An Act mak- It is ‘‘How To Lie With Statistics.’’ ways of this country to find these little ing appropriations for energy and Statistics can be manipulated in a people and count them. If that is the water development for the fiscal year variety of ways that can be legiti- way you want it, then you will not sup- ending September 30, 1998, and for mately defended. I do not trust statis- port the Mollohan amendment. other purposes.’’ tics. I teach my students to be sus- I support the Mollohan amendment The SPEAKER pro tempore. The picious of statistics, to be cautious of because it is fair. African-Americans Committee will resume its sitting. the use of statistics. I used to make the will be counted. It has got to be done. f statement, tell me the point you want Mr. HASTERT. Mr. Chairman, I yield DEPARTMENTS OF COMMERCE, me to prove, and I will prove it with 2 minutes to the distinguished gen- JUSTICE, AND STATE, THE JUDI- statistics, because it can be done. tleman from Illinois [Mr. HYDE]. CIARY, AND RELATED AGENCIES I know all the statisticians say sam- (Mr. HYDE asked and was given per- APPROPRIATIONS ACT, 1998 pling is great. Statisticians would not mission to revise and extend his re- have a job if we did not have sampling. marks.) The Committee resumed its sitting. That is what statistics is based on. Mr. HYDE. Mr. Chairman, this is a Mr. MOLLOHAN. Mr. Chairman, I Statisticians are biased to start with. fascinating debate. I listened to my yield such time as she may consume to I think we are doing a good job. What good friend, the gentleman from Texas the gentlewoman from Texas [Ms. we need to do is do a good census. Dr. [Mr. STENHOLM], talk about the sci- JACKSON-LEE]. Riche is moving in that direction. Let entists. I do not think you have to be (Ms. JACKSON-LEE of Texas asked and was given permission to revise and us look at the examples of what took a scientist, rocket or otherwise, to read extend her remarks.) the plain language of the Constitution: place in Milwaukee and what took Ms. JACKSON-LEE of Texas. Mr. place in Cincinnati. We can do a good ‘‘The actual enumeration,’’ those are Chairman, because sampling equals one census. Let us do the job right and not not tough words, ‘‘shall be made within vote and good science and good con- play around with sampling. 3 years after the first meeting of the stitutional support, I rise to support Mr. MOLLOHAN. Mr. Chairman, I Congress.’’ the Mollohan-Shays amendment. 3 yield 1 ⁄4 minutes to the gentlewoman And then a constitutional scholar, Mr. Chairman, I rise in support of the Mollo- from Florida [Mrs. MEEK]. the gentleman from North Carolina han-Shays amendment to H.R. 2267, the (Mrs. MEEK of Florida asked and was [Mr. WATT], brought in the entire text. Commerce-Justice-State appropriations. This given permission to revise and extend He said, ‘‘in such a manner as they,’’ amendment if adopted would add language her remarks.) meaning Congress, ‘‘shall by law di- prohibiting use of any 1998 funds to make ir- Mrs. MEEK of Florida. Mr. Chair- rect.’’ reversible plans or preparations for the use of man, first of all, I do not trust statis- Well, you cannot by law amend the sampling or any other statistical method, in- tics any more than the rest of my col- Constitution. You cannot pass a stat- cluding statistical adjustment, in taking the leagues. But I trust even less the belief ute and erase the first three words of census for purposes of congressional appor- that everyone is going to be counted article I, ‘‘the actual enumeration.’’ tionment. This same language is included in fairly. It is a stretch to ask us to trust the the Senate-passed version of the bill. If we look at the history of this, we sampling of the population to an ad- This amendment would also create a Board have never had an accurate count. The ministration that has shown, at best, a of Observers for a Fair and Accurate Census, under-count has been shown more in reckless disregard for the letter and with the function of observing and monitoring African Americans than it has in any the spirit of the law. all aspects of the preparation and execution of other group. Do we want this repeated? It goes beyond the Constitution. We Census 2000, to determine whether the proc- Then we are sending a message that we have a statute. Title 13, section 195, ess has been manipulatedÐthrough sampling, do not want a fair census count. says, ‘‘Except for the determination of statistical adjustments, or otherwiseÐin any This country does not look like it did population for purposes of apportion- way that biases the results in favor of any ge- in 1990. You better look around and see ment of Representatives in Congress ographic region, population group, or political that it is different. You see more mi- among the several States, the sec- party. H8230 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The constitutional requirements for the cen- In 1990, the city of Houston, TX, was under- wins more than a third of the Latino vote sus are simple. Article I, section 2 clause 3, as counted by 3.9 percent during that year's cen- will be elected. It is that simple. But if we amended by the 14th amendment, provides sus which only recorded 1,630,553 residents. allow our percentage among Hispanics to fall below 25 percent, the Bob Dornan loss in that the Representatives shall be apportioned Based on sampling that was prepared for that California will be repeated again and again.’’ among the several States according to their census, but never used it is estimated that We do not want to have a census that respective numbers, counting the whole num- over 66,000 Houstonians were missed by the counts us all accurately because if we ber of persons in each State. 1990 census. do there is a good chance that we will It has come to my attention that the revised It is impossible to count every resident of catch all those Hispanics that were not language in the rule regarding the census this country in the time allotted, for the census counted in the 1990 census. And if we which would be automatically incorporated into with the funds which have been appropriated. look at the 1996 election, we will see the bill does not as reported provide for an ex- I am aware of the work done by three sepa- that Hispanics are not voting Repub- pedited judicial review to determine the legality rate panels convened by the National Acad- lican because of all the assaults on the and constitutionality of sampling for purposes emy of Science which have recommended Hispanic community by this Repub- of apportionment or redistricting. that the Census Bureau use sampling in the lican majority. The critical test which would authorize judi- 2000 census to save money and improve cen- Does it make any sense for the Re- cial review is standing. From precedents we sus accuracy. publicans to want to count all Latinos can be strongly counseled that the conferral of The National Academy of Sciences is a pri- in this country when they are not vot- standing, especially in its definitional design of vate, nonprofit, self-perpetuating society of dis- ing for Democrats? Is anyone surprised injury in fact, would be inadequate to authorize tinguished scholars engaged in scientific and that we do not want to see an accurate judicial review until the occurrence of the in- engineering research, dedicated to the further- count come out of the 2000 census and jury, the calculation of population figures ance of science and technology and to their count the one community that was showing the gains and losses of seats in the use for the general welfare. most undercounted in the 1990 census? House of Representatives. It is a fact that despite the gains made by It makes perfect political sense. Un- The case law makes it clear that this author- the Bureau of the Census in address list de- fortunately, we should not be driven by ization, if enacted, would run afoul of constitu- velopment, form design, pre-notice and re- politics in deciding what the Constitu- tional barriers to congressional conferral either minder mailings, and various outreach efforts, tion has called one of the most impor- of standing or ripeness or both. exclusive reliance on physical enumeration of tant activities in this country, and This would leave Congress in a poor light all households cannot be successful in 2000. that is counting every single Amer- judicially, because we lack the power to create Based on the results of the 1990 census, it is ican. Unfortunately, with this bill, we a definition of standing or of the imminent like- highly unlikely that the Census Bureau can do not count every American. If we had lihood of injury giving standing that would in- carry out this type of decennial census with the Mollohan-Shays amendment, we fringe the constitutional requirement of stand- acceptable accuracy within the current ex- would. ing of injury in fact or of the imminent likeli- pected levels of funding. We should vote for that amendment hood of injury. This is not where this body The ability to use sampling during the 2000 because it is the right thing to do. It is should leave the issue of an accurate census census will ensure that any undercounting not the political thing to do. for our Nation. which may occur in this census because of Mr. HASTERT. Mr. Chairman, I yield Under article II, of the Constitution for a liti- sparsely populated regions of States like 1 minute to the gentleman from Mis- gant to have standing, he must allege an in- Texas or more densely populated cities like sissippi [Mr. WICKER]. jury in fact to himself or to an interest; if the Houston, and Dallas can be held to a mini- (Mr. WICKER asked and was given injury has not yet occurred, he must allege a mum. Undercounting the results of the 2000 permission to revise and extend his re- strong basis for fear that the injury will hap- census would negatively impact Texas' share marks.) pen, that there is a real danger of the injury of Federal funds for block grants, housing, Mr. WICKER. Mr. Chairman, I thank being felt. The quoted provisions purport to education, health, transportation, and numer- the gentleman for yielding me this confer standing far beyond this constitutional ous other federally funded programs. The cen- time, and I rise in the strongest pos- requirement. sus, as you know, is also used in projections sible opposition to the Mollohan If I recall correctly, in the last Congress, a and planning decisions made by States, coun- amendment and to the concept of cen- number of proposals came forward which ties, and city governments. sus sampling. failed to limit the terms of those who serve in I would ask that all of my colleagues sup- This vote goes to the heart of the this body. Now, that the Census is upon us as port the Mollohan-Shays amendment to the question: Will our Nation carry out an a natural mechanism to creating turnover in Commerce-Justice-State appropriations. honest, accurate and complete census the House we want a judicial challenge to the in the year 2000? And, beyond that, to b 1900 use of sampling that most believe is an accu- the question: Will the United States rate and reliable means of counting the popu- Mr. MOLLOHAN. Mr. Chairman, I have a fair congressional reapportion- lation of this country. yield 13⁄4 minutes to the distinguished ment in the year 2002? The legal issue is sampling. Sampling and gentleman from California [Mr. As my other colleagues have said, my statistical adjustment of the decennial popu- BECERRA]. opposition to sampling is based on a lation census taken for the purpose of appor- (Mr. BECERRA asked and was given variety of reasons. The guessing tioning the Representatives in Congress permission to revise and extend his re- scheme is unconstitutional, it is con- among the States, have become increasingly marks.) trary to statutory law, it is unreliable, controversial during the past two decades. Mr. BECERRA. Mr. Chairman, I and it is subject to abuse. The Con- According to a Congressional Research re- thank the gentleman for yielding me stitution calls for ‘‘actual enumera- port, the constitutional and statutory language this time. tion,’’ and actual enumeration means relevant to sampling and statistical techniques I want to read from a document enti- actual counting. It says count the appears to be clear, but never the less have tled ‘‘How To Use The Language of the ‘‘whole number’’ in the 14th amend- been the subject of competing interpretations 21st Century’’ by a pollster often used ment. The United States Code specifi- which would either permit or prohibit sampling by a number of Members, mostly Re- cally precludes the use of sampling for and other statistical techniques in the census publican Members. It states as follows, determining congressional reapportion- for apportionment. Although no court has ever regarding Hispanic Americans: ment. decided the issue squarely on point, several ‘‘Our majority is at stake. The chairman of the subcommittee is courts have expressed opinions in dicta. ‘‘Republicans barely maintained their con- right. This may be one of the most sig- Today, some Members of the House of gressional majority in 1996, and a major rea- nificant and far-reaching votes of this Representatives have declared a political and son their support dropped from 1994 was the entire Congress. The Constitution re- philosophical Jihad on the use of sampling for utter collapse of the Hispanic vote. In all the quires an actual count. Vote ‘‘no’’ on large key States, California, Texas, Florida the 2000 census. and New York, the Hispanic percentage of the Mollohan amendment. As a Member of the House Committee on the total vote is significant and growing. Mr. MOLLOHAN. Mr. Chairman, I Science, I am here to state clearly that this is ‘‘We do not need a majority of Hispanics to yield such time as she may consume to not a matter of political philosophy, but sci- win a majority of the vote. In areas of heavy the gentlewoman from North Carolina entific fact. Latino concentration, any Republican who [Mrs. CLAYTON]. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8231 (Mrs. CLAYTON asked and was given The Romans had a phrase that cap- Will that work? Well, let us listen to permission to revise and extend her re- tured the essence of intellectual cor- Speaker GINGRICH, as I have. I have marks.) ruption: ‘‘Video’’ meliora proboque read his book and I have listened to the Mrs. CLAYTON. Mr. Chairman, I rise deteriora sequor. It means: ‘‘I see the tape of his course. In both he cites the in the strongest possible support of better course of action and approve it, work of W. Edwards Deming in the use this amendment and also for sampling. but the worse path is the one I take.’’ of statistical quality control methods It is the fair way to count, it is a prov- It could describe our work today. as one of his five pillars of American en way to count, and it is scientific. Before us is a plan to count the Na- civilization. This is the fair way to make sure ev- tion. It is legal, it is constitutional and And what does Deming say? He says, erybody is included in a democracy. supported by the broad consensus of in his magnum opus on the topic, that Mr. Chairman, I am strongly in favor of this science. The alternative will doom the the census is the earliest and largest important amendment. The impartial, outside census, the underpinning of our democ- and most successful full-scale applica- expertsÐincluding GAO and the National racy, to failure. It will not be above re- tion of statistical quality control, far Academy of Sciences agree that sampling proach if we follow the language in the beyond the dreams of private organiza- must be used in the next census for it is the bill, it will be below respect. tions, attributable to effective statis- best method as well as the most cost-effective The heart of the argument is over the tical work for continual improvement method. use of sampling, which has been a part of quality and productivity. Undercounting hurts those who are already of the census for seven decades. Now, The Speaker knew then what he hurtingÐthe poor, children, rural area, and some say that the Constitution re- knows now. Statistical measurements urban areas. If there is a method that gives quires ‘‘an actual enumeration’’, and I help produce a better result. Because them fair billing, why not use itÐwhy use a agree, it does. However, as in so many Deming’s principles are more valid and method that we know, that we know under- things, history is important and in- compelling today than ever before, ig- counts people. The census numbers are criti- structive. noring them, failing even to test them cal for it is upon their foundation that most Madison and Sherman, in framing Federal dollars are distributed. next spring, as this bill would prevent, the great compromise, struggled to The census undercount is not just an inner will produce a far worse and much city, minority problem. Rural communities are find a formula for proportional rep- more expensive census. undercounted, too. And poor rural areas are resentation. Slave State delegates fa- If Deming were alive today, he would undercounted to a greater degree than the vored property as the rule for represen- be ashamed of us. He would say shame country as a whole. tation. They felt their slaves would be on us. He would tell us, ‘‘I taught you The net undercount for the Nation in 1990 included as a measure of wealth and a the better course of action, but the was 1.6 percent, or about 4 million people. useful substitute for population. Free lesser path is the one you take.’’ I pre- That's the difference between the 10 million States were hostile to slavery as a fer we do the best we can in counting people who were missed and the 6 million basis for any form of democracy and the Nation. Anything less is a step to- who were counted twice, errors that don't can- argued for an actual measurement of ward intellectual corruption and a cel each other out because people who are the number of inhabitants, not some debasement of our democracy. missed don't tend to live in the same neigh- measure of wealth as a partial sub- The Mollohan-Shays amendment will borhoods as those who are likely to be count- stitute for population. Hence the term produce the finest count of which this ed more than once. ‘‘actual enumeration’’ of people as op- Nation is capable. We have little By contrast, the undercount of rural renters posed to some other method. choice, if we are to respect the con- in 1990 was 5.9 percent. Owner/renter status So we ask, what is an actual enu- stitutional mandate, but to follow it. is a proxy for income, so the proportion of meration as determined by law, by the Mr. HASTERT. Mr. Chairman, I yield poor rural people who were missed was far Congress? Well, in 1790, Thomas Jeffer- 1 minute to the gentleman from Texas, greater than the Nation as a whole. Ninety son sent out 600 Federal marshals. It [Mr. BRADY]. percent of the rural renters missed were not took 8 months and he missed a million Mr. BRADY. Mr. Chairman, America minorities. people. So in the 1800’s they hired tens is so large, I always marvel at the chal- Mr. Chairman, in the South, in 1990, the of thousands of temporary workers, lenge we face each census to count undercount of white renters was 6.23 percent, who brought their disparate lists back every person in this country. But be- representing more than 10 percent of the total to Washington where an army of ‘‘cen- cause we have been conducting a cen- national undercount. For American Indians liv- sus girls’’ added them up by hand. In sus every 10 years since our Nation was ing on reservations, the 1990 undercount was the end of the century, that took over founded, it is remarkably accurate. more than 12 percent. 8 years to complete. Even the harshest critics admit the We cannot pretend this does not affect large So in 1890 they used a punch card ma- last census was nearly 99 percent accu- groups of citizens, Mr. Chairman. Vote ``yes'' chine to record and tally results un- rate. on the Mollohan amendment. touched by human hands. By 1940 they But as good as that is, nearly 99 per- Mr. MOLLOHAN. Mr. Chairman, I introduced sampling and have used it cent accurate is not nearly good yield such time as she may consume to ever since. And in 1960 the census used enough because we rely on our census the gentlewoman from Connecticut the mails to deliver and collect forms, for a lot of our community goods, our [Ms. DELAURO]. counting people without ever having funding and how large a voice we have (Ms. DELAURO asked and was given knocked on their doors, and they still permission to revise and extend her re- in our local government, State legisla- marks.) do today. tures and Congress. In short, as the Nation changes, tech- As we have heard tonight, the census Ms. DELAURO. Mr. Chairman, I thank the gentleman for yielding me niques of actual enumeration have is so important it is enumerated in the this time, and rise in support of the changed, but we still count population, very first article of the Constitution. It Mollohan-Shays amendment. not something else, as the Constitution is insisted that we count every person A sampling has been verified, it is a requires. Still, it has gotten harder, so in America, not estimated, not guessed practice in the business community, it after the problems of 1990, the Congress at, and not determined by some algo- is the direction we should go. did the right thing. We asked the Gen- rithm of a subset of the percentage of Mr. MOLLOHAN. Mr. Chairman, I eral Accounting Office and the inspec- the combined data collection error yield 5 minutes to the distinguished tor general and the National Academy minus the rostering factor multiplied gentleman from Ohio [Mr. SAWYER]. of Science’s National Research Council by the inmoving/outmoving ratio or Along with the gentlewoman from New and panels of outside experts who, to a something complicated. York [Mrs. MALONEY] the gentleman one and without exception, said build Sampling is not constitutional. Like from Ohio has been extremely active on traditional methods, of course; use all statistics, it is easily manipulated. on this issue. He is knowledgeable and the most intensive mail and door-to- It is based on lowering our census accu- has done an extremely good job. door techniques ever tried; and then racy to 90 percent and then guessing Mr. SAWYER. Mr. Chairman, I thank supplement them with an expanded use the rest. The Republican approach is the gentleman for yielding me this of scientific sampling to test and im- constitutional, it is proven, and it time. prove the count. counts real live human beings. H8232 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Mr. MOLLOHAN. Mr. Chairman, may State and local governments use census index, whether it is ever reformed or not, will I ask how much time remains? data to draw legislative districts of equal popu- be calculated from two different sample sur- The CHAIRMAN. The gentleman lation. veysÐthe point of purchase survey and the from West Virginia [Mr. MOLLOHAN] The Federal Government uses census data consumer expenditure survey. And we rely on has 91⁄2 minutes and the gentleman to distribute billions of dollars in grants accord- scientific sampling and analysis to improve the from Illinois [Mr. HASTERT] has 151⁄4 ing to population-based formulas. CPI's accuracy. minutes remaining. Federal, tribal, State and local officials study All the Census Bureau wants to do is to ex- Mr. MOLLOHAN. Mr. Chairman, I re- the patterns of detailed census data before pand its capabilities to adjust for the serve the balance of my time. constructing hospitals, highways, bridges, and undercount before its deadline to report the Mr. HASTERT. Mr. Chairman, I yield schools. numbers. Under the Constitution, these are 11⁄2 minutes to the gentleman from Ari- And businesses use census data when de- the numbers we use to reapportion our con- zona [Mr. SHADEGG]. ciding where to locate production facilities and Mr. SHADEGG. Mr. Chairman, I rise gressional districts. These data are also used retail outlets. in strong opposition to this amend- for revenue-sharing purposes. So, to oppose Ten percent of the count in 1990 was inac- ment, and I bring to it some level of ex- sampling methodology to produce one single, curate, and GAO estimates an error rate of 26 perience. From 1983 to 1990 I enforced accurate figure to be reported, makes no million. the Voting Rights Act in Arizona, and sense. I ask you, Is there some reason my Contrary to popular belief, an undercount af- in 1990 I represented the Arizona legis- colleagues don't want the census results to be fects not only those in urban centers, but also lature in reapportionment. accurate? Is there some reason they don't Mr. Chairman, no less than the integ- those who live in remote rural areas. want the more transient among our popu- rity of this Nation is at stake in this Children and minorities were disproportion- lationÐthe minorities, immigrants, low income, amendment. This is not a difficult ately undercounted, resulting in vital Federal and impoverished counted in the official num- issue. My colleagues have accurately services being underallocated for those who bers? You tell me, because I can't figure it pointed out that both the United need them most. out. But I agree with a statement by Barbara States Constitution specifically re- The 2000 census is an unprecedented effort Baylar, vice president for survey research at quires an actual count and so does Fed- by the Census Bureau to ensure that all Amer- the National Opinion Research Center. She eral law. icans are accounted for wherever they live, explained that: This is not a question that is in and I urge you to support the Bureau's innova- Oftentimes the pressures are not to doubt, but let me urge my colleagues tive plan for the 2000 census, including sam- produce data to support some position but to consider the consequences of what is pling, and vote for the Mollohan-Shays not to produce data. All of us can name ex- being proposed by this amendment. amendment today. amples—income data, poverty data—that ex- Never, I repeat, never in the 200-year Mr. MOLLOHAN. Mr. Chairman, I erted [such] pressure. Not to produce this history of this country has there been yield such time as she may consume to data in a timely and efficient manner is a a deliberate attempt to count less than the gentlewoman from California [Ms. brand of know-nothing-ism that we cannot afford to tolerate in the era of the informa- MILLENDER-MCDONALD]. the entire population. tion age, at the dawn of the new millennium. Contrary to what we just heard on (Ms. MILLENDER-MCDONALD asked that side of the aisle, what the census and was given permission to revise and This is a serious issue. The 1990 numbers proposes in this sampling idea is to de- extend her remarks.) undercounted the United States population by liberately count only 90 percent of Ms. MILLENDER-MCDONALD. Mr. 4 million people. That's 1.6 percent. In the Americans and then to stop at that Chairman, I rise in strong support of State of California alone, the nonsampling point and estimate the rest. Until 1990, the Mollohan-Shays amendment ensur- method missed 834,000 people. That's 2.7 the Census Bureau rejected sampling ing that each American is fairly count- percent. The Mollohan-Shays amendment and said it was unconstitutional. ed. would allow the Census Bureau to conduct its I call on my colleagues to imagine Mr. Chairman. I rise today in support of the research more accurately and inexpensively, the incentives we are creating. If we Mollohan-Shays amendment, a bipartisan and should be supported by Members on both tell America we are only going to measure to allow the Census Bureau to use sides of the aisle. I encourage all of my col- count, actually count, until we get to the scientific method of sampling to conduct leagues to vote ``yes'' on this amendment. 90 percent, and then we are going to the decentennial census in the year 2000. The Mr. HASTERT. Mr. Chairman, I yield sample from that point on, what mo- current system is inefficient and expensive 1 minute to the gentleman from Cali- tive is there for a single American to and needs to be fixed. There are various fornia [Mr. CUNNINGHAM]. send in the form; and what faith will undercount problems that need to be solved b 1915 they have in this system? before the numbers are delivered to the Con- The Constitution says enumerate gressÐproblems that affect congressional rep- Mr. CUNNINGHAM. Mr. Chairman, one-by-one and do an actual count. resentation. These numbers also affect fun- one of the most damning things about This is a bad idea and is at the heart of damental Federal community programs for the this body is the partisan deceit that integrity in our government. impoverished. In 1990, the differential takes place, partisan deceit for politi- Mr. MOLLOHAN. Mr. Chairman, I undercount, where the census inadvertently cal gain. yield such time as he may consume to omits a higher proportion of the minority popu- This bill allows a 35 percent error the gentleman from California [Mr. lation than the majority, was the highest it has rate within a district. Yeah, can you FAZIO]. make it up nationally. But look in the [Mr. FAZIO of California asked and been since the 1940'sÐ4.4 percent of blacks, past in the gerrymandering and re- was given permission to revise and ex- 5.0 percent of Hispanics, 2.3 percent of apportionment. Do you have any doubt tend his remarks.] Asians and Pacific Islanders, and 4.5 percent Mr. FAZIO of California. Mr. Chair- of American Indians were unaccounted for, where that 35 percent is going to take man, I rise in strong support of the compared with only 1.2 percent of non-His- place? In individual Republican dis- Mollohan-Shays amendment which will panic whites. tricts. allow the Census Bureau to conduct a Sampling is not a new technique. Especially No, I do not trust. Why? If this body fair and accurate census in the year in conducting the census. The method used to had operated in a bipartisan way, look 2000. develop socio-economic profiles of the U.S. at the White House union issue with I rise today to urge you to support the Mol- population employs extensive use of sampling. the White House directing money. lohan-Shays amendment which will allow the For instance, the Census Bureau's long form Look at the FBI files. Look at the INS Census Bureau to conduct a fair and accurate is sent to only one in six households. It is keeping registration. And in San census in the year 2000. used to obtain most of our information about Diego, they kept Republicans from reg- The limited use of sampling is a crucial part income, educational attainment, ancestry, and istering new Members of this body, of of an accurate count and serves only as a housing stock, just to name a few categories. this country. Look at China and the supplement to the Census Bureau's aggres- Sampling methods are not just limited to the Trie and the Huang and the Riady. sive direct counting effort. Census. Tax legislation is written using data Look across-the-board at the political The decennial census provides the corner- collected by sample surveys. Health legislation manipulation. stone of knowledge about the people of our is based on the national health, examination, My mom told me, ‘‘If you tell enough Nation. and nutrition survey. Even the consumer price lies, you are going to go to hell.’’ Well, September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8233 I want to tell my colleagues some- Now, the bottom line, as far as I am thing, you know.’’ ‘‘Not the same thing thing: On Medicare, Medicaid, edu- concerned, is that the science, not the a bit,’’ said the Hatter. ‘‘Why, you cation and the environment, the Demo- politics, but the science proves that might just as well say that ‘I see what crat leadership is going to need a big the National Academy of Science, the I eat’ is the same thing as ‘I eat what fan when they die. Inspector General, Commerce Depart- I see.’ ’’ Do we trust the President? Abso- ment, the General Accounting Office, Mr. Chairman, this is a debate on the lutely not. Vote no on this amendment. the American Numerical Statistical other side out of the ‘‘Twilight Zone.’’ The CHAIRMAN. The gentleman Association, and others, believe, with Let us look at reality. This administra- from Illinois [Mr. HASTERT] has 123⁄4 all their heart and soul, that the best tion, Mr. Chairman, has politicized the minutes remaining, and the gentleman way and the fairest count is to use sta- INS, the FBI, Department of Justice. from West Virginia has 91⁄2 minutes re- tistical sampling after we have gone We have seen Filegate, Travelgate. Let maining. four times into the community and us not allow them to develop Mr. HASTERT. Mr. Chairman, I have after we have reached 90 percent of the Censusgate. only two speakers left. households. If any administration has ever Mr. MOLLOHAN. Mr. Chairman, I One of my colleagues stood up and abused its power vested in it by the yield 4 minutes to the distinguished talked in great faith about how it was American people, Mr. Chairman, this gentleman from Connecticut [Mr. important to go from house to house. administration has. Should the Amer- SHAYS]. What do we do when someone leaves at ican people actually believe that this Mr. SHAYS. Mr. Chairman, I am not 6 in the morning and does not get home administration would not jump at the a great fan of calling amendments by until 12 at night? What do we do? Are opportunity to use the census for its Members’ names. My general view is if own political gain? we have campaign finance reform to we going to wait for them at 1 o’clock in the morning? No. We are just not Fortunately, though, Mr. Chairman, call it the bipartisan bill for campaign our Founding Fathers envisaged that finance reform and not attach a Mem- going to count them. What are we going to do, be standing some day an administration would ber’s name to it. But I want to say to at the door? We go four or five times to abuse its power and would attempt to my colleagues that I take tremendous manipulate the census. And Mr. Chair- pride today in having this be the Mol- that apartment and no one is there. The bottom line is we will man, like they have done so many lohan-Shays amendment. times before, thank goodness, our I really believe that the gentleman undercount people in rural areas if we do not have statistical sampling, we Founding Fathers predicted the error from West Virginia [Mr. MOLLOHAN], will undercount people in urban areas of our ways and saved us from our own the gentleman from Ohio [Mr. SAWYER] demise; they provided us with a guide and others, frankly, on that side of the if we do not have statistical sampling; and, yes, most of them, sadly, will be on how to run a democracy. aisle are right and most of my col- That guide, which too many Members minorities. leagues on my side of the aisle are ignore, is the U.S. Constitution. And on I believe that we should allow the wrong. the issues of the census, it is unambig- Census Bureau to do its job, and I be- I believe, with all my heart and soul, uous. The constitutional cornerstone of lieve we should not interfere. I know that the Census Bureau needs to test a representative democracy is the right we have the protection to make sure intensive door-to-door surveys, it needs to vote, and that is inextricably linked that statistical sampling is applied to test outreach programs, it needs to to the right to be counted. test advertising, it needs to test hiring fairly. We would have an appointment The affirmed intent of the U.S. Con- practices and who they hire, it needs to from the Republican side and an ap- stitution holds that the decennial cen- test telephone responses, it needs to pointment from the Democrat side to sus must be an actual count. Article I, test multiple site form distributions, it review this. We would have the Comp- section 2 of the Constitution states: needs to test polling by mail, and yes, troller General, who, by the way, is ap- ‘‘The actual enumeration shall be made it also needs to test and review the re- pointed by the President, but only within three years after the first meet- sults of statistical sampling. from three nominations made by four ing of the Congress of the United What most on my side of the aisle Republicans and four Democrats. I States, and within every subsequent want to do is deny the Commerce De- hope and pray that this amendment term of ten years, in such manner as partment and the Census Bureau the passes. they,’’ that is the Congress, ‘‘shall by opportunity to prove the validity of Mr. HASTERT. Mr. Chairman, I yield law direct.’’ statistical sampling. The issue here is myself 15 seconds. In 1868, as part of the 14th amend- not whether we will do it for the year When we cannot find those folks in ment, there was further clarity, stat- 2000 census, the issue is will we be able the apartment houses and the homeless ing in part: ‘‘Representatives shall be to test to prove its validity. Sadly, on shelters, we do like people in Milwau- apportioned among the several States my side of the aisle, too many simply kee did, we hire the homeless folks to according to their respective numbers, do not want that to even be proven. go and seek them out. We also go out counting the whole number of persons Now, that is true because my col- and work and hire postal employees to in each State.’’ league, the gentleman from Illinois deliver the mail on weekends to find Three key principles arise from a [Mr. HASTERT], has decided to come in out where these people are. It can be study of the Constitution on this issue. with an amendment that, basically, done, and has been done, and should be First, the decennial census must be an says we cannot even test for statistical done. ‘‘actual enumeration.’’ Second, the sampling until the court has made a Mr. Chairman, I yield 43⁄4 minutes to ‘‘actual enumeration’’ must be ‘‘a decision. But it is not the same thing. the gentleman from Georgia [Mr. counting of the whole number of per- Here we ask for parliamentary in- BARR]. sons in each State.’’ And third, the de- quiries and the Speaker entertains it. Mr. BARR of Georgia. Mr. Chairman, cennial census must be conducted ‘‘in But we cannot ask the court for a par- former Treasury Secretary William such a manner as they (Congress) shall liamentary inquiry. We cannot ask Simon has said that ‘‘People use statis- by law direct.’’ them to decide the constitutionality of tics like drunks use lampposts, for sup- The first challenge to the actual a particular issue before they have a port rather than illumination.’’ He count came at the Constitutional Con- case before them. would feel right at home on the other vention itself, when my own State of So just like the line-item veto, the side tonight. Georgia sought additional representa- court might hear something and say, Somebody else would feel right at tion based on expected population ‘‘We cannot decide, so we will never home on the other side tonight who growth. This was not allowed. The have a decision.’’ In effect, my col- wrote 132 years ago in a book on Alice. Framers’ intent was that congressional league, the gentleman from Illinois As Lewis Carroll had them saying, apportionment must be based on actual [Mr. HASTERT] will have achieved his ‘‘Then you should say what you mean,’’ count at the time of the census-taking. objective. Statistical sampling will not the March hare went on. ‘‘I do,’’ Alice Even though census figures are used even be allowed to be reviewed for de- hastily replied; ‘‘at least, at least I for many determinations, the only con- termination on whether it works. mean what I say. That’s the same stitutionally mandated purpose for the H8234 CONGRESSIONAL RECORD — HOUSE September 30, 1997 census is the determination of the U.S. Mr. ENGEL. Mr. Chairman, I rise in the most efficient, the most cost-effec- population in order to apportion con- strong support of the Mollohan-Shays tive, and the most accurate means of gressional seats. And for this purpose, amendment. conducting a census. Sampling has the the Constitution’s requirements are I rise to give my strong support to a fair and backing of the National Academy of crystal clear and they are mandatory. accurate Census 2000 which can be accom- Sciences, the American Statistical As- In the 1950’s, a small group of stat- plished through the use of statistical sampling. sociation, the General Accounting Of- isticians proposed the use of statistical This issue should not be caught up in cynical fice, and even the census director under sampling and adjustments as a gap partisan sniping. the Bush administration. filler for the decennial census. Wary of Three separate panels of experts convened So the question then is, why are my the potential for data manipulation, by the National Academy of Sciences have Republican colleagues opposing sam- Congress enacted a statutory provision recommended the use of sampling. Sampling pling? They are afraid of the truth. (13 U.S.C. Sect. 195) restricting the use in the 2000 Census has also been endorsed They are afraid that an accurate count of the statistical sampling and adjust- by the American Statistical Association, the might include the 4 million Americans ments, stating: ‘‘The Secretary of the American Sociological Association, the Na- who were not counted in the last cen- Commerce shall, if he considers it fea- tional Association of Business Economists. sus, mostly children, minorities, and sible, authorize the use of sampling ex- These are groups for whom the census is a people living in rural areas. cept for the determination of popu- matter of science and not politics. b 1930 lation for purposes of apportionment of The fact is that no matter how hard the Representatives.’’ Census Bureau reaches out (and during the My distinguished colleague from Mr. Chairman, the Clinton adminis- 2000 Census they will be using more methods Ohio reminded me that half of that 4 tration is on the verge of creating a than ever before to reach every American) we million that was not counted in the virtual America based on virtual peo- simply cannot count every person. last census were children. ple, but based on a very real violation The 1990 Census failed to count 1.6 million. My colleagues, we are obligated of law and of our Constitution. Con- The majority of those who were missed were under the Constitution to conduct an gress has not waived, nor can it waive, minorities, and residents of poor rural commu- accurate census of all Americans, all the constitutional requirement that nities. Americans. Sampling allows us to do the decennial census must be an ‘‘ac- During the last Census, African-Americans that. The Republican efforts to under- tual enumeration,’’ and the ‘‘counting were six times more likely to be uncounted mine the census for political gain is an of the whole number of persons of each than Non-Hispanic White Americans. Hispanic insult to voters. It is also an insult to State’’ is a requirement. American were seven times more likely to be the Constitution that we, as Members, Mr. Chairman, no administration undercounted than Non-Hispanic White Ameri- are sworn to uphold. should have the ability to alter the cans. I cannot help but notice on this day census for any reason, especially for These are groups who are shut out of the that the pattern in this bill and the political gain. This administration has workings of our Government in so many ways. case of the gentlewoman from Califor- proved it will do and say anything in By opposing the use of sampling we are fur- nia [Ms. SANCHEZ] is the same. First, the name of politics. Congress must ther alienating these people who deserve to they do not count the people, and if not allow them to politicize the census. be counted and need to be counted. that is not good enough, they do not It is here that we must draw the line In undercounting these groups we are deny- count their votes. and defeat this amendment. ing them their apportionment of Federal fund- Mr. Chairman, I urge my colleagues PARLIAMENTARY INQUIRY ing which the Census determines. to vote for the Mollohan-Shays amend- Mr. LEWIS of Georgia. Mr. Chair- Some of my colleagues have characterized ment. man, parliamentary inquiry. sampling as guessing. The Census Bureau Mr. HASTERT. Mr. Chairman, I yield The CHAIRMAN. The gentleman will not be making numbers up. Sampling is a 73⁄4 minutes to the gentleman from from Georgia [Mr. LEWIS] will state his well-tested method of following-up on those California [Mr. THOMAS]. parliamentary inquiry. households which have not responded. (Mr. THOMAS asked and was given Mr. LEWIS of Georgia. Mr. Chair- permission to revise and extend his re- man, I wonder whether my colleague The Department of Justice under the admin- istrations of Presidents Carter, Bush, and Clin- marks.) from Georgia [Mr. BARR] still believes Mr. THOMAS. Mr. Chairman, up that the Constitution suggested that a ton have all concluded that sampling is Con- stitutional. until the last speaker, I thought we black person is only three-fifths of a were doing pretty well focusing on the person and that the Constitution also We should not tie the hands of the Census issues in front of us. A lot of people supported slavery. Does it still support Bureau because we are afraid of the political think the census, and I quote from a slavery? ramifications, or for any other reason. The CHAIRMAN. The gentleman If we want a fair census, if we want an ac- letter that I got, the census is the only source of reliable, comparable, small- from Georgia [Mr. LEWIS] has not stat- curate census, then we ought to let the Cen- ed a parliamentary inquiry. sus Bureau conduct a professional census by area data on income, occupation, and Mr. MOLLOHAN. Mr. Chairman, I using any method they deem necessary for labor force participation, educational yield 15 seconds to the gentleman from accuracy, including statistical sampling. attainment, household structure, and Ohio [Mr. SAWYER] to speak to the Mil- Mr. MOLLOHAN. Mr. Chairman, I other key demographic and economic waukee representations made by the yield as much time as he may consume data. And many Members have said, I gentleman from Illinois [Mr. HASTERT]. to the gentleman from Michigan [Mr. think quite correctly, there is only one Mr. SAWYER. Mr. Chairman, my col- CONYERS]. reason why we have the census con- league, the gentleman from Illinois (Mr. CONYERS asked and was given stitutionally. It was that grand experi- [Mr. HASTERT], I think justifiably permission to revise and extend his re- ment the Founding Fathers decided to lauded the effort that the city of Mil- marks.) try: government by the people. waukee and others made in 1990. With Mr. CONYERS. Mr. Chairman, I rise Mr. Chairman, I know the gentleman, that effort, they were able to keep in support of the Mollohan amendment. Mr. WATTS, indicated and others pro- their undercount to about 2.2 percent. Mr. MOLLOHAN. Mr. Chairman, I pounded on, the fact that the actual The national average, however, was 1.6 yield 21⁄4 minutes to the gentleman enumeration in article I, is the manner percent, a 30 percent higher from Michigan [Mr. BONIOR], the distin- by which Congress shall pose. I say, undercount, despite their numerous ef- guished minority whip. ‘‘It’s how you do it, not what you do,’’ fort. Mr. BONIOR. Mr. Chairman, I thank and I noticed every one of those indi- Mr. MOLLOHAN. Mr. Chairman, I the gentleman from West Virginia [Mr. viduals did not then turn to the 14th yield as much time as he may consume MOLLOHAN] for yielding me the time. Amendment, as has been done on this to the gentleman from New York [Mr. Mr. Chairman, it is important to re- side. After that great conflict it was ENGEL]. member that an accurate census forms determined that all people, I tell my (Mr. ENGEL asked and was given the foundation of our representative friend and colleague from Georgia, that permission to revise and extend his re- government and that every American all people were to be counted, not marks.) has a right to be counted. Sampling is three-fifths of a person, when all people September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8235 were to be counted. The second clause form. I think we will have a couple of (Mr. GEPHARDT asked and was of the 14th amendment says ‘‘whole drawings that will increase the num- given permission to revise and extend number of persons,’’ ‘‘whole number of bers significantly. Educate. School his remarks.) persons.’’ kids, ‘‘just say no on drugs,’’ was a Mr. GEPHARDT. Mr. Chairman, let I noticed also that as the minority very useful message started in the me urge Members to vote for this bi- side propounded its constitutional ar- schools. Let us get some programs partisan amendment, and let me start guments; that is, that it is constitu- going about how important it is to by saying that the Census Bureau and tionally permissible to sample, I never count. It just seems to me that there a number of other important objective heard the Supreme Court mentioned are any number of ways that we can as- authorities have supported the tar- once. I heard the Department of Jus- sist. geted use of statistical sampling for tice under Democrats, I heard the De- But I want to spend the final minute the 2000 census to improve accuracy partment of Justice under Republicans. or 2 on this business of politics. This and to eliminate, as best we humanly I never heard the Supreme Court. What amendment offers us a board of observ- can, the problem of undercounting. we are proposing to do is to say all ers to ensure fairness. Now remember, This tool of sampling is to be used right. under the Constitution, the only rea- through the whole period that we are Now I tell my friend from West Vir- son we have the census is to make sure actually trying to count our citizens. ginia, the problem is not bad science that the People’s House is based upon As I understand it, the Census Bureau the folks are concerned about, it is people, that it is the House of Rep- is intending to have the most aggres- science. When we statistically sample, resentatives. The proposed board of ob- sive, elaborate, door-to-door, human we must necessarily adjust. Adjust- servers says the President gets one count that can possibly be made. Ev- ment means changing the numbers. In- vote, the House and the Senate to- erybody wants that; everybody expects evitably when we adjust, we take num- gether get one vote, and the Presi- that; everybody anticipates that. bers from real people that were count- dential appointment gets the third. But what the experts are telling us ed and substitute them for people who Hey, we do not have the President, who are going to do this is that they have not been counted. The Constitu- that is OK. In the next census, if we are need statistical sampling as a tool tion does not say that can be done. We lucky, we will be able to elect a Presi- throughout the period so they can tar- will be subtracting real people and dent, and we might have the 2 to 1 get problems and then direct people to counting people who have not been ratio. Read the fine print. This board go out and make a better count so that we can get the best possible human counted. That is the fundamental basis dissolves itself in 2001. After it is done, count we can get at the end of the day. of adjustment. they are dissolved. Mr. Chairman, all the scientific evi- Frankly, to tell me that professional But fundamentally, my colleagues, dence points to sampling as the best statisticians are in favor of statistical the Founding Fathers knew what they way to ensure the best count. Leading adjustment is like going to a cattle- were doing. They knew what politics experts such as the National Academy men’s association annual convention was all about. They knew what power of Sciences support the use of statis- and having two items on the menu, was. Go back and reread Federalist 10. tical sampling as the best way. The De- beef and fish. Guess which one they They knew perfectly well the use and partment of Justice under Presidents will choose? abuse of power. That is why they said, Carter, Bush, and Clinton all issued Statistically, I guess we could say with clear intent, an actual enumera- opinions supporting the constitutional- this is a bipartisan amendment; three tion. ity and legality of using sampling in Republicans will support it. That is the A noble experiment, government by the census. Every Federal court that problem with statistics. But, as my the people, this is embodied in the Con- has addressed the issue has held that colleagues know, we do concede that stitution. Count whole people. The fun- the Constitution and Federal statutes America is a mobile society and that damental distribution of power in this allow sampling. Barbara Bryant, the information that we were talking society is to be based upon real people, Republican appointed director of the about is useful and valuable. What we not estimated people, but less than 10 1990 census, supports sampling in the find, as has been pointed out by col- years after that was propounded and year 2000 census as consistent with the league after colleague, in the statute in agreed to, then Gov. Elbridge Gerry of work she began back in 1990. Every au- section 195 says, ‘‘You can sample. You Massachusetts figured out a way to thority that has talked about this, the can statistically adjust. You can over beat the system. They went ahead and agency that is supposed to do it, is say- that 10-year period attempt to make took the census, and then they drew ing that they can do a better job than the numbers reflect where the people districts that were not fair, and I guess they did 10 years ago if they are al- are.’’ But it says, ‘‘When you count for as a place in history, it is now known lowed to use statistical sampling. enumeration, you count, you do not es- as the gerrymander. Now at the end of the day, we have to timate.’’ For more than 150 years, when we did ask why in the world would we not Technology can help us and creativ- a fair census, it was taken away from want to support this amendment to see ity can help us be a lot more effective the people by politics. For more than that this important census, which is to in our count. The gentleman from West 150 years, we did not have real rep- ensure one person, one vote, the thing Virginia and the gentleman from Ohio resentation by the people. And then that James Madison fought hardest for said, correctly, the 1990 census was the Court acted. The Court said one in the constitutional convention, is not only 1.6 percent off. Why in the world, man, one vote. How ironic. When we fi- realized. if we were only 1.6 percent off, do we nally have buried the gerrymander, the I urge Members to vote for this back up to count, as the gentlewoman census 2000 proposes to leave us, if the amendment. It is a bipartisan amend- from New York said, only 90 percent? Mollohan amendment is adopted, the ment; it is a sensible amendment; it is Why do we not focus on that 1.6 percent Clintonmander. based on science; it is based on all the that we did not count? We have been Honor the Founding Fathers’ wis- authorities. We know that the last told who was not counted. Great. Let dom. For representational purposes. time we had an undercount of any- us go count the ones we are told were Count. Do not estimate. where between 4 million and 10 million not counted. If it takes more money, Vote ‘‘no’’ on the Mollohan amend- people, and we are having all the ex- put more money in. ment. perts tell us they can do much better Every day somebody visits those The CHAIRMAN. All time of the gen- than that if they are allowed to prop- households, they know where they are. tleman from Illinois (Mr. HASTERT) has erly use statistical sampling. Why have people who do not know the expired. Vote for the Mollohan-Shays amend- neighborhood do the counting? My col- The Chair recognizes the gentleman ment. It is the best way to get this league from Illinois mentioned mail from West Virginia. done right. carriers. Those people are available. Mr. MOLLOHAN. Mr. Chairman, I Ms. ROYBAL-ALLARD. Mr. Chairman, I rise We should use them. yield the remainder of my time to the in support of the Mollohan-Shays amendment. How about this: Create a lottery. The distinguished minority leader, the gen- Seldom is an issue debated on this floor ticket for the lottery is one’s filled in tleman from Missouri (Mr. GEPHARDT). that is as clear in its importance and value to H8236 CONGRESSIONAL RECORD — HOUSE September 30, 1997 the American public as the upcoming Census uation. The Mollohan-Shays amendment Census Bureau do its job and use the method 2000. An accurate, reliable, and inclusive cen- seeks to address the issue and make the that is most accurate, and that avoids unfair sus count is undeniably in the best interests of 2000 census more accurate. undercounts. That is the American way. the American people, and allowing the Census The National Academy of Sciences and vir- Ms. MINK of Hawaii. Mr. Chairman, I rise in Bureau to use statistical sampling is the best tually the entire statistical profession, including support of this amendment to restore credibil- way to achieve that goal. the American Statistical Association, has en- ity to the 2000 census. Unless we approve Census data on family status, housing, em- dorsed sampling as the best and most efficient this amendment, the year 2000 census will ployment, and income levels gives the country way to achieve an accurate census count. again undercount millions of Americans. a sense of who we are and where we are The Justice Department under the Reagan, The traditional methods of physical enu- headed in the future. Bush and Clinton administrations has consist- meration does not yield an accurate and hon- For American businesses, census data is a ently held that sampling is constitutional. est count of Americans as required by the valuable tool that helps them better under- Opponents of the amendment claim that U.S. Constitution. Statistical sampling is a test- stand their changing client bases and effec- sampling opens up the census count to politi- ed technique, refined to a level of great accu- tively plan for continued growth and economic cal manipulation. In response, the sponsors of racy. It has been reviewed and studied by well-being. the amendment went out of their way to ad- three separate panels of experts convened by For Federal, State, and local governments, dress that issue. An independent board of ex- the National Academy of Sciences, the inde- census data is critical for developing effective perts will monitor every aspect of the census pendent inspector general of the Commerce public policies that meet the future needs of to guard against any bias or manipulation. Department, and the GAO. These prestigious Americans throughout the country. Census This safeguard creates a more effective bar- groups of scientists have all recommended the data is also the basis upon which $150 billion rier against fraud and error than under the use of sampling and endorsed the Census Bu- in Federal dollars is distributed to State and present system. reau's plan. local governments each year. The Congressional Research Service ana- The Mollohan-Shays amendment does not As a result, a census undercount could lyzed the Hastert census language that is cur- mandate sampling. It simply allows the use of have a devastating impact on States whose rently in the bill, and it is quite clear that this the most advanced methodologies to obtain a needs go unrecognized. Those with large language will not work. According to the more accurate count of the American popu- urban and rural populations are especially vul- memorandum, ``The case law makes it clear lation. If we limit the Census Bureau's ability nerable. For example, the 1990 census had a that this authorization, if enacted, would run to use all of the scientific tools at its disposal national undercount of 10 million people. In afoul of constitutional barriers to congressional the accuracy of the census count could be my home State of California, with an esti- conferral either of standing or of ripeness or compromised. An accurate count of our population has mated undercount of 1.2 million, Californians both.'' The memorandum goes on to say enormous political and social consequences. were denied a stronger voice in determining ``* * * it appears extremely likely that the Su- The apportionment of our elected offices is af- public policy and lost millions of critically need- preme Court would either strike down the pro- fected. The allocation of Federal and State ed dollars for public facilities and services. vision, or disregard it.'' If my House colleagues funds is affected. And if people of color and Mr. Chairman, history does not have to re- are concerned about constitutionality they can- the poor are not accurately counted, their peat itself. not support the Hastert language. voice in our Government will be even more The Census Bureau's proposal to use statis- The Mollohan-Shays amendment works to- muted. The Mollohan-Shays amendment will tical sampling in Census 2000 is fiscally and ward a fair and accurate census. I urge my achieve a more national profile of America as scientifically sound. The National Academy of colleagues to support the Mollohan-Shays she lives and where she lives. Sciences and a host of other reputable organi- amendment. We are here today to say that everyone Mr. RODRIGUEZ. Mr. Chairman, in the zations and local government associations countsÐwhether you are a person of color, 1990 census, the census missed an estimated have recommended the use of statistical sam- poor, or elderly, whether you are a recent im- 4.7 million people, 1.58 percent of the popu- pling to achieve an accurate count. migrant or a citizen, whether you live in an In addition, the Department of Justice under lation. We are bound to have some urban or rural area. Support the Mollohan- the Carter, Bush, and Clinton administrations, undercount; but the undercount of minorities Shays amendment. Tell the American people as well as every Federal court addressing the and inner city populations is unacceptably out we want all to be counted in the next census. legality of statistical sampling, have held that of proportion to the national average. For mi- Ms. VELAÂ ZQUEZ. Mr. Chairman, I rise in the Constitution and Federal statutes permit its norities, the undercount was nearly tripled: strong support of the Mollohan amendment, use. The census missed 4.4 percent of the African- which would provide full funding to the Census Given the benefits of sampling and the fact American population and 4.9 percent of the Bureau to conduct a fair and accurate census. that experts recommend its use, why are we Hispanic population. It seems amazing, but the Republican leader- having this debate? We need an accurate census. A count that ship will stand in this chamber and do any- Mr. Chairman, it is purely political. Although does not leave minorities and inner city and thing they can to stop fair representation for all there is no evidence to support their assump- rural populations behind. Without accurate people in this country. Not long ago, minority tion, many in the majority party fear that a sta- census information, minorities, inner cities, communities were prevented from being rep- tistically adjusted census will result in their and rural areas do not receive equal political resented through violence and repression. party being disadvantaged. representation or distribution of government Today, the methods being used are far more We must put the American people first. resources. State and local governments with subtle. I, therefore, ask my Republican colleagues missed populations lose millions of dollars in During the last census, 26 million people to abandon this ill-advised political gamesman- Federal aid. were either missed, counted twice or counted ship and allow the Census Bureau to use sta- Sampling is not a new issue. In 1991, Con- in the wrong place. The biggest losers as a re- tistical sampling for a more accurate and inclu- gress passed a law requiring the Census Bu- sult of this undercount are minority and poor sive census that is indisputably in the best in- reau to determine improved census methods rural communities. In 1990, over 1 million terests of all Americans. and to consider the use of sampling to get a Latinois were not counted. In poor rural com- Mr. ABERCROMBIE. Mr. Chairman, today I more accurate count of the population. Sam- munities, 1 out of every 16 people was rise in support of the Mollohan-Shays amend- pling is simply a way to get the most accurate missed. But the Republican leadership says ment. The amendment removes the bill's cur- census from available information. Based that's okay. rent provision that is an impediment to provide upon detailed analysis of areas that the Cen- But this is really not a debate about the way for a fair and accurate census in the year sus Bureau counts by hand, it can quite accu- we should conduct the census. This is a de- 2000. This issue is very important to the peo- rately determine the population of similar bate about whose voice will be heard and ple in my district. In fact, this is an issue that places for which inaccurate or incomplete data whose voice will be silenced. By not counting is important to all my House colleagues. We was collected. minorities and the poor, opponents of a fair must work to ensure that all individuals are We all agree that we need an accurate census can justify slashing resources to these counted so that their voices may be heard. count. Why do Members on the other side of communities. By pretending that millions of The 1990 census missed at least 4 million the aisle oppose sampling? Because they fear people don't exist, political representation is people because, as the Bush administration's it would mean counting more Democrats? denied at every levelÐfrom school boards all Census Director at the time said, ``enumera- Since its beginning, the Census Bureau has the way up to Presidential elections. tion cannot count everybody.'' We in Congress abstained from political posturing and contin- We cannot allow fair representation to suffer must take steps to resolve and correct this sit- ues to remain independent. We must let the at the hands of partisan politics. Expert after September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8237 expert has made it clear that using sampling I urge my colleagues to support the most The Census Bureau needs the full $381.8 will produce the most accurate count. Yet our accurate census possible. Vote ``yes'' on the million appropriation in fiscal year 1998 to pre- opponents are desperate to continue to force Mollohan-Shays amendment. pare for Census 2000 nowÐnot pending ex- the Census Bureau to use inaccurate, unfair Ms. DELAURO. Mr. Chairman, I rise to sup- pedited judicial review. Preventing the Census methods of conducting the census. Earlier this port this amendment and urge the support of Bureau from spending any money on plan- year, they were willing to allow flood victims in my colleagues as well. The key issue before ning, preparing, or testing for the use of sam- the midwest to suffer in their attempts to pre- us here is whether or not we will make a com- pling would jeopardize all components of cen- vent an accurate count. Now, they are trying mitment to a fair, accurate census which sus preparation, including the dress rehearsal to slash the Census budget by two-thirds in counts everyone. and the preparation of the long form. order to carry on this attack against poor and The Census Bureau's plan to sample is the As Members of Congress, we depend on minority communities. The Molohan amend- only way to count those men, women and chil- the accurate information provided by the cen- ment would restore that funding so the Cen- dren who will otherwise be missed. Without sus to give us insight into our changing com- sus Bureau can do their job properly. sampling, the Census will cost more and be munities and constituencies. If this amend- We must make sure that every person living less accurate. Barbara E. Bryant, the Repub- ment is not passed, and data is not collected in this country is counted in the census. We lican-appointed director of the 1990 Census, in Census 2000, we will lose the only reliable must not allow anyone to pretend that minori- says that ``I am very much in favor of the plan and nationally comparable source of informa- ties and the rural poor do not exist. We will the Census Bureau has. It builds on work I tion on our population. Both the private and continue to expose these efforts for what they started back in 1990.'' public sectors, including state, county, and Bryant began that work to try to improve the areÐpartisan attempts to silence the voice of municipal agencies; educators and human count during the 2000 Census. By most esti- minorities and the poor. Who is willing to service providers; corporations; researchers; mates, the 1990 Census, which used little stand here and tell the American people that political leaders; and federal agencies, rely on sampling, missed at least 4 million people. the census long form. the poor don't deserve proper representation? Scientists know that sampling can reduce Who is willing to stand here and tell the Amer- The Mollohan-Shays amendment is critical if the undercountÐthe people missed and un- we are to prevent the mistakes made in 1990. ican people that Latinos and African-Ameri- countedÐfrom 2% to one-tenth of one per- I served on the Committee on Post Office and cans don't deserve proper representation? cent. A recent study by the National Science Civil Service during the 1990 census, and I This a matter of basic fairness and democ- Foundation, the objective group of scientists to saw first-hand the mistakes that were made. racy, and it is something that we will continue which Congress turns for scientific advice, According to the GAO, the 1990 Census got to fight for. concurs that sampling is a fair way to count 10 percent of the count wrong. Over 26 million I strongly urge a yes vote on the Mollohan people who would otherwise be left out. And people were missed, double counted, or amendment. business groups agree. That's why the most counted in the wrong place. Let me quote Ms. PELOSI. Mr. Chairman, I rise in support recent Business Week magazine ran an article from the GAO Capping report on the 1990 of the Mollohan-Shays amendment prohibiting that said that science, not politics, should set- census, which makes it clear that a straight the use of fiscal year 1998 funds to make irre- tle this issue. versible plans for the use of statistical sam- Objective Republicans and Democrats who count will not work: GAO reported that ``* * * the current ap- pling in the 2000 census. have looked at the facts agree: sampling is proach to taking the census needs to be fun- The Census Bureau has acknowledged that more accurate, and more fair. damentally reassessed.'' ``The current ap- at least 4 million Americans were not counted Let's put this question to the American peo- proach to taking the census appears to have in the 1990 census. Twenty percent of these ple: we have two options. One will give us in- exhausted its potential for counting the popu- undercounted individuals reside in California. accurate information and cost more. The other lation cost-effectively.'' Historic methods of try- California is home to 12 percent of all U.S. will give us more accurate information, and ing to gather data on each nonresponding residents. An undercount in the census places cost less. More accuracy for less moneyÐhow household is costly both in dollars and accu- a disproportionate burden on our State. Sci- can there even be a debate? racy. ``Specifically, the amount of error in the entific sampling is a necessary tool to achieve I urge my colleagues to support the Mollo- census increases precipitously as time and ef- the most accurate census in the most difficult han-Shays amendment, and thank my col- fort are extended to count the last few per- to reach areas and populations. leagues for offering us this opportunity to cor- centages of the population. * ** '' We all know that some population groups rect a serious wrong. Mr. LEWIS of Georgia. Mr. Chairman, I rise There is strong scientific evidence that sam- are missed in the census far more than oth- pling will result in the most accurate Census ers. African-Americans are 7 times as likely to in support of this amendment, and in support of a fair and honest Census count in the year possible. The experts agree that spending be missed as whites. In 1990, children ac- more money to go door-to-door will result in counted for 52 percent of the undercount. 2000. In 1990, the census missed an esti- mated 4 million Americans. Four million left errors as large or larger than 1990 and that Statistical sampling will improve accuracy in the 2000 census will be more accurate for all counting minorities, children and the poor, all out of our democracy, hundreds of thousands of Georgians not counted, silenced, voiceless, congressional districts than 1990, and 19 traditionally undercounted during the census. times more accurate for the nation. California is home to the largest Hispanic and left out and left behind. This amendment supports a fair and honest As a result of the GAO evaluation and bi- Asian Pacific Islander populations among all census through ``sampling''Ðthe best way we partisan direction from Congress, the Census 50 States. Between 1989 and 1993, the num- know to conduct a fair and accurate census. Bureau turned to the National Academy of ber of poor children, age 15 to 17, increased The experts support it, the Justice Department Science for advice. the first panel said ``* * * from 894,000 to nearly 1.4 million. An under the last three AdministrationsÐunder physical enumeration or pure `counting' has undercount denied significant Federal funding Presidents Reagan, Bush, and Clinton support been pushed well beyond the point at which it for education, child care and housing pro- it. In 1990, even the Speaker of the House adds to the overall accuracy of the census.'' grams, among others. supported it. The panel went on to recommend a census An undercount as significant as 1990's de- But what we are debating today is not what that started with a good faith effort to count nies equal representation for people of color at is the best policy, but instead the best politics, everyone, but then truncate physical enumera- all levels of Government, including this body. the best Republican politics. tion and use sampling to estimate the charac- The National Academy of Sciences, Amer- The census is more than just a political foot- teristics of the remaining nonrespondents. ican Statistical Association, Population Asso- ball, it is about fairness for every AmericanÐ Following those recommendations, the Cen- ciation of America, National Association of whether they live in North Georgia or Northern sus Bureau announced in February 1995 a Counties, National Conference of Mayors, California. Every AmericanÐrich or poor, plan for the 2000 Census which makes an un- Council of Chief State Schools Officers have young or old, black, white, yellow, red or precedented attempt to count everyone by all endorsed the use of sampling to account brownÐdeserves to be counted. No one mail, followed by door to door enumeration for households that do not respond to census should be left out or left behind. It is time to until reaching 90 percent of the households in questionnaires or visits. stop playing politics with the census. each census track. A sample of households is Accountability in sampling is increased Support the best census in the history of the then used to estimate the last 10 percent. The through the Mollohan-Shays amendment, Nation. Support the Mollohan amendment. GAO Capping Report pointed out that in 1990 which creates a special board of observers to Mrs. MORELLA. Mr. Chairman, I rise today nearly half of the 14 weeks of field work were monitor the census process and protect it from in strong support of the Mollohan-Shays spent trying to count the last 10 percent, and any manipulation. amendment resulted in increased error rates. H8238 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The census plan has received overwhelming just for an undercount there the way it might [Roll No. 475] support from the scientific community includ- in Los Angeles or some other major city? In AYES—197 ing: National Academy of Sciences Panel on 1990 an entire ward in one town in my district Abercrombie Gordon Neal Census Requirements in the Year 2000 and was missed. The community leaders pointed Ackerman Green Oberstar Beyond; National Academy of Sciences Panel this out during the post-census review and the Allen Gutierrez Olver Andrews Hall (OH) Ortiz to Evaluate Alternative Census Methods: mistake was corrected. For 2000 the Bureau Baesler Hamilton Owens American Statistical Association; American So- will not do a post-census review presumably Baldacci Harman Pallone ciological Association; Council of Professional since no one can know what mistakes were Barcia Hastings (FL) Pascrell Associations on Federal Statistics; National Becerra Hefner Pastor made since everyone wasn't supposed to be Bentsen Hilliard Payne Association of Business Economists; Associa- counted anyway. Berman Hinchey Pelosi tion of University Business and Economic Re- Will the undercount of Indian reservations, Berry Hinojosa Peterson (MN) search; Association of Public Data Users; and Bishop Holden Pickett of which there are several in Wisconsin be Blagojevich Hooley Pomeroy Decision Demographics. corrected? My understanding is that the bu- Blumenauer Hoyer Poshard And to close, I want to read a quote from reau plans to do a hard count on Indian res- Bonior Jackson (IL) Price (NC) the Blue Ribbon Panel on the Census, Amer- Borski Jackson-Lee Rahall ervations. Yet native Americans were among ican Statistical Association, September 1996. Boswell (TX) Rangel the most undercounted in the last census. So ``Because sampling potentially can increase Boucher Jefferson Reyes how can it be claimed that the reason the bu- Boyd John Rivers the accuracy of the count while reducing reau wants to use sampling is to correct for Brown (CA) Johnson (CT) Rodriguez costs, the Census Bureau has responded to Brown (FL) Johnson, E. B. Roemer past undercounts? the Congressional mandate by investigating Brown (OH) Kanjorski Rothman The main argument of those supporting Capps Kaptur Roybal-Allard the increased use of sampling. We endorse Cardin Kennedy (MA) Rush the use of sampling for these purposes; it is sampling is that it will save money. Well that Carson Kennedy (RI) Sabo consistent with best statistical practice.'' may or may not be true but that can't be the Clay Kennelly Sanchez I hope that my colleagues will heed the ad- only basis for designing the census. The Clayton Kildee Sanders cheapest possible census would be if the Clement Kilpatrick Sandlin vice of our nations' experts and join me in Clyburn Klink Sawyer supporting the Mollohan-Shays amendment. numbers were just made up altogether. We Condit Kucinich Scott To do otherwise would jeopardize the content obviously aren't going to do that but the point Conyers LaFalce Serrano and accuracy of Census 2000. is that saving money is not the only goal. Fair- Costello Lampson Shays Coyne Lantos Sherman Mr. PETRI. Mr. Chairman, I rise in support ness is a goal and sampling is unfair to small- Cramer Levin Sisisky of this bill and the inclusion of provisions to re- er communities and rural States. Following the Cummings Lewis (GA) Skaggs quire the Census Bureau to conduct, as the Constitution, which calls for an actual enu- Danner Lipinski Skelton Constitution says, an actual enumeration rath- meration, is a goal and the Supreme Court Davis (FL) Lofgren Slaughter Davis (IL) Lowey Smith, Adam er than using the statistical technique known has never ruled on the issue. DeFazio Luther Snyder as sampling. Following the 1990 census we What happens if we complete the 2000 cen- DeGette Maloney (CT) Spratt had a debate over whether to use the number Delahunt Maloney (NY) Stabenow sus using sampling to estimate 10 percent of DeLauro Manton Stark resulting from the actual enumeration or a the population and then the Supreme Court Dellums Markey Stenholm number adjusted by sampling. This time the throws it out? Then we will have wasted the Deutsch Martinez Stokes Bureau does not even intend to try to count $4 billion spent on the original census not to Dicks Mascara Strickland everyone. As I understand it, the plan is to try Dingell Matsui Stupak mention who knows how much in litigation. Dixon McCarthy (MO) Tanner to count 90 percent of the people and esti- Rather than saving money, sampling could Doggett McCarthy (NY) Tauscher mate the rest. end up costing the taxpayers two or three Dooley McGovern Thompson I oppose the use of sampling for several Doyle McHale Thurman times as much money as a hard count if we Edwards McIntyre Tierney reasons. It would leave the census numbers have to redo the whole thing. I believe a open to political manipulation and would tend Engel McKinney Torres greater effort should be made to reach all Eshoo McNulty Towns to undermine the public's confidence in the Americans to provide an accurate hard count. Etheridge Meehan Turner census. We have seen various administrations Evans Meek Velazquez Fifty percent of the undercount from the last manipulate the FBI, IRS, and reportedly even Farr Menendez Vento census was caused by people never receiving Fattah Millender- Visclosky the Immigration and Naturalization Service for the forms. Better mailing lists and better co- Fazio McDonald Waters political gain. Once we move away from a Filner Miller (CA) Watt (NC) ordination with the Post Office and local gov- hard count what guarantee do we have that Flake Minge Waxman ernments can correct this problem. Approxi- this or a future administration will not manipu- Foglietta Mink Wexler mately 32 percent of the undercount can be Ford Moakley Weygand late the census numbers for partisan gains? corrected through the use of easier to read Frank (MA) Mollohan Wise A Member of the other body has stated that Frost Moran (VA) Woolsey we should all support sampling since we all forms and perhaps an 800 information num- Furse Morella Wynn rely on something similar, public opinion polls, ber. The rest will have to be reached through Gejdenson Murtha Gephardt Nadler to get elected. The problem with this thinking better outreach. Instead the Bureau plans to is that we may use polls to guide us but we spend less money on outreach, figuring that NOES—228 don't let them determine the winner. sampling can make up the difference. Aderholt Buyer Doolittle I would have no objection if the Bureau I don't believe the bureau's plan will provide Archer Callahan Dreier Armey Calvert Duncan uses sampling to determine where there may for the fairest and most accurate census. I en- Bachus Camp Dunn have been an undercount, and then goes back courage my colleagues to oppose this amend- Baker Campbell Ehlers in and redoubles its efforts to count those peo- ment. Ballenger Canady Ehrlich ple. That would be analogous to the way we Barr Cannon Emerson The CHAIRMAN. All time has ex- Barrett (NE) Castle English use opinion polls. To rely on sampling rather pired. Barrett (WI) Chabot Ensign than a physical count is comparable to chang- The question is on the amendment Bartlett Chambliss Everett Barton Chenoweth Ewing ing election returns if they are at variance with offered by the gentleman from West the polls. Bass Christensen Fawell Virginia [Mr. MOLLOHAN]. Bateman Coble Foley Sampling is said to adjust for undercounts in Bereuter Coburn Forbes major cities. But once you estimate how many The question was taken; and the Bilbray Collins Fowler people are in a given city, to what wards, Chairman announced that the noes ap- Bilirakis Combest Fox neighborhoods, and precincts do they belong? peared to have it. Bliley Cook Franks (NJ) Blunt Cox Frelinghuysen How can State legislatures and school boards RECORDED VOTE Boehlert Crane Gallegly and city councils be apportioned if we don't Boehner Crapo Ganske Mr. MOLLOHAN. Mr. Chairman, I de- Bonilla Cubin Gekas know where these estimated people live? Is mand a recorded vote. sampling really accurate enough to tell us if Bono Cunningham Gibbons A recorded vote was ordered. Brady Davis (VA) Gilchrest some small town has 3,300 people instead of Bryant Deal Gillmor the 3,000 from a hard count? The vote was taken by electronic de- Bunning DeLay Gilman When a State, such as Wisconsin, has hun- vice, and there were—ayes 197, noes 228, Burr Diaz-Balart Goode dreds of towns of such size, will sampling ad- not voting 8, as follows: Burton Dickey Goodlatte September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8239 Goodling Livingston Royce that this is fairly bipartisan and equi- ice, and including a $15 million in- Goss LoBiondo Ryun Graham Lucas Salmon table. crease over fiscal year 1997 appro- Granger Manzullo Sanford However, we do have an area of con- priated levels for base operations, and Greenwood McCollum Saxton cern, and we ask to bring this issue to a $17 million increase over fiscal year Gutknecht McCrery Scarborough the chairman’s attention. The chair 1997 appropriated levels for moderniza- Hall (TX) McDade Schaefer, Dan Hansen McHugh Schaffer, Bob has a formidable backlog, caused in tion activities. Hastert McInnis Sensenbrenner part by very new and very complicated Mr. SHAW. Mr. Chairman, I am Hastings (WA) McIntosh Sessions jurisdictions. The commission is our grateful for the increase. I am, how- Hayworth McKeon Shadegg Nation’s principle enforcer of such ever, concerned that these funds can be Hefley Metcalf Shaw Herger Mica Shimkus landmark legislation as the Civil raided by other divisions at NOAA. Hill Miller (FL) Shuster Rights Act, the Equal Pay Act, the Age Mr. ROGERS. I understand the gen- Hilleary Moran (KS) Skeen Discrimination in Employment Act, tleman’s concern. The funds that are Hobson Myrick Smith (MI) appropriated to the National Weather Hoekstra Nethercutt Smith (NJ) and the Americans with Disabilities Horn Neumann Smith (OR) Act. Service cannot be removed and used for Hostettler Ney Smith (TX) We are concerned that without an in- other non-Weather Service activities in Houghton Northup Smith, Linda crease in funding for the EEOC, we will NOAA without prior consultation with Hulshof Norwood Snowbarger our subcommittee. Under section 605 of Hunter Nussle Solomon not be able to decrease this backlog in Hutchinson Obey Souder cases. The EEOC received roughly $240 this Act, all agencies must notify the Hyde Oxley Spence million in its fiscal year 1997 budget, committee through our reprogramming Inglis Packard Stearns and it has been appropriated the same procedures prior to any shift in funds. Istook Pappas Stump Mr. SHAW. I thank the chairman for Jenkins Parker Sununu amount for the fiscal year 1998 budget, Johnson (WI) Paul Talent but yet, we have an increase in backlog clarifying the position of the National Johnson, Sam Paxon Tauzin of cases. The President has requested Weather Service. This information Jones Pease Taylor (MS) $246 million, which we feel is a modest should be of great comfort to all resi- Kasich Peterson (PA) Taylor (NC) dents in hurricane-prone areas, wheth- Kelly Petri Thomas increase, but which will help us attack Kim Pickering Thornberry the backlog of approximately 80,000 er they be in Florida or elsewhere. I Kind (WI) Pitts Thune know in my district this issue is an es- King (NY) Pombo Tiahrt cases. My colleague, the gentlewoman from pecially important one, as hurricanes Kingston Porter Traficant threaten our coastlines on an annual Kleczka Portman Upton the District of Columbia, Ms. ELEANOR basis. Klug Pryce (OH) Walsh HOLMES NORTON, and I, as well as oth- Knollenberg Quinn Wamp Mr. ROGERS. Mr. Chairman, I yield ers, were prepared to bring an amend- Kolbe Radanovich Watkins to the gentleman from Texas [Mr. LaHood Ramstad Watts (OK) ment to the floor tonight that would Largent Redmond Weldon (FL) BRADY]. have brought the EEOC funding level Mr. BRADY. Mr. Chairman, I thank Latham Regula Weldon (PA) to the President’s request. However, in LaTourette Riggs Weller the gentleman for yielding to me. I and Lazio Riley White deference to the negotiations on this many of my colleagues on both sides of Leach Rogan Whitfield bill and the tight fiscal constraints, we the aisle are very concerned about the Lewis (CA) Rogers Wicker would like to work with the chairman Lewis (KY) Rohrabacher Wolf funding provided in this bill. Linder Ros-Lehtinen Young (AK) in conference to work out this discrep- The CHAIRMAN. The time of the ancy in funding. NOT VOTING—8 gentleman from Kentucky [Mr. ROG- Mr. ROGERS. Mr. Chairman, I thank ERS] has expired. Cooksey Roukema Yates the gentlewoman from Colorado, Ms. Gonzalez Schiff Young (FL) Mr. ROGERS. Mr. Chairman, I move McDermott Schumer DEGETTE, and the gentlewoman from to strike the last word, and I yield to the District of Columbia, Ms. ELEANOR the gentleman from Texas [Mr. BRADY]. b 2001 HOLMES NORTON, as well for bringing Mr. BRADY. Mr. Chairman, I and So the amendment was rejected. this important issue to our attention. many of my colleagues on both sides of The result of the vote was announced As the Members know, I share the the aisle are concerned about the fund- as above recorded. concern about the existing case back- ing provided in this bill for the Mari- The CHAIRMAN. Are there further log at the commission, and I will be time Administration, and specifically, amendments? happy to work with them and anyone the six State maritime academies. This Mr. ROGERS. Mr. Chairman, I move else towards reaching the President’s year the report to accompany the to strike the last word. request to address this problem as the House Commerce-Justice-State appro- Mr. Chairman, before we go to final bill is considered in conference. priations bill has not provided the spe- passage on this bill, about seven Mem- Mr. Chairman, I yield to the gen- cific funding level for the State acad- bers have requested colloquies that tleman from Florida [Mr. SHAW]. emies. At the level provided for the should consume maybe 15 minutes or Mr. SHAW. Mr. Chairman, I appre- overall operations and training ac- so before we get to final passage. So for ciate the chairman’s yielding to me. count, it is likely this would threaten Members’ interest in that question, Mr. Chairman, I would like to take the ability of the academies to carry that is about the length of time we ex- this opportunity to engage in a brief out their Federally-mandated mission pect. colloquy with the chairman of the sub- of educating and training our Nation’s Mr. Chairman, with that mind, I committee. licensed merchant mariners. yield to the gentlewoman from Colo- First, I want to thank the chairman Mr. Chairman, the Texas State Mari- rado [Ms. DEGETTE]. for the increase he has given to the Na- time Academy has a ship for its use Ms. DEGETTE. Mr. Chairman, I tional Weather Service in its base oper- called the Texas Clipper. The ship’s sole thank the gentleman for yielding to ating account. As we know, the NOAA purpose is to meet the Federal man- me. proposal to eliminate important staff date for training U.S.-licensed mer- First of all, let me say, Mr. Chair- positions at the hurricane center in chant mariners. Adequate funding is man, I appear tonight on behalf of my South Florida during the past year needed not only for this training but colleague, the gentlewoman from the caused enormous anxiety throughout for the annual drydocking, fuel costs, District of Columbia [Ms. NORTON] who Florida. Forecasters as well as their retrofitting requirements, and general was unavoidably detained at a speech support personnel are vital to the safe- upkeep. in her district with some constituents. ty of coastal areas like my district in To conclude, Mr. Chairman, the Sen- The gentlewoman and I are both con- the event of a hurricane, and my dis- ate report makes available approxi- cerned, as she is the former chair of the trict goes from mid Miami beach all mately $9.5 million for the State acad- Equal Employment Opportunity Com- the way up to north of Palm Beach to emies. The Senate language is also mission and I am a former employment Juno Beach at the south end of Jupiter. clear that the training ships where this lawyer. We would like to commend the Mr. ROGERS. Mr. Chairman, as the money is used are Federal ships train- chairman on the fine job he has done in gentleman knows, the bill provides $642 ing U.S. maritime officers, and that is putting together this bill. We believe million for the National Weather Serv- a Federal responsibility. H8240 CONGRESSIONAL RECORD — HOUSE September 30, 1997 As we move to conference with this At this time I wish to engage him in gentleman from West Virginia [Mr. bill, I urge the chairman on behalf of a colloquy with regard to the Women’s MOLLOHAN] for the excellent job they our State Maritime Academies and on Business Center program and the Na- did with this very complicated and dif- behalf of the maritime industry to tional Women’s Business Council, both ficult bill. I rise to engage in a col- work with the Senate to fully fund administered by the Small Business loquy with the distinguished chairman these academies. Administration. I strongly support of the subcommittee. Mr. ROGERS. Mr. Chairman, I yield these programs. Mr. Chairman, the Senate included in to the gentlewoman from New York Over the last decade, the growth in its bill language which I introduced in [Mrs. LOWEY]. women’s business ownership has cre- this body, language to require that the Mrs. LOWEY. I thank the chairman ated an enormous demand for the type Legal Services Corporation include for yielding to me. of business training and technical as- only the income of the client when de- Mr. Chairman, I, too, am concerned sistance that is provided by the wom- termining the eligibility for services in about the viability and sustainability en’s business centers. Within the last cases of domestic violence only. of our six State maritime academies year alone, women’s business centers Out of deference to the gentleman, under this bill’s funding level for have assisted approximately 17,500 Mr. Chairman, and his desire to keep MARAD operation and training ac- women start and grow their businesses. this kind of authorizing language off counts. These six academies currently I am joined by many of my House and his appropriations bill, I chose not to provide 75 percent of our Nation’s li- Senate colleagues in supporting this offer the amendment at the time of the censed mariners at approximately one- program. bill. But it is important. More than 4 third the cost of the U.S. Merchant Ma- The Women’s Business Centers pro- million women each year are abused by rine Academy. In addition, the grad- gram is unique because it builds upon a their husbands or partners. Eligibility uates enjoy an impressive press 100 per- private-public partnership that is, in for legal services is now determined by cent job placement upon graduation. itself, unique. Once the Federal funding household income, leaving open the Mr. Chairman, it is because of this cycle is complete, which is only 3 frightening possibility that victims of great return on our investment that I years, the centers become self-sustain- domestic violence would be denied am concerned about adequate funding. ing in their local communities. They legal assistance because the abuser’s The report language notes that addi- are able to do so because the programs income exceeded the threshold for tional funding may be available for are designed locally by women, for household income requirements. The Senate provision ensures that State Academies via the sale for scrap women, to meet each community’s legal aid clinics will not be forced to of vessels in the National Defense Re- needs. turn domestic violence clients away serve Fleet. However, EPA regulations Women business owners have played based on the income of their abusers. currently prohibit such scrapping. a large role in the economic expansion Today I seek the gentleman’s assur- I would like to work with the chair- that the United States is currently en- ance, Mr. Chairman, that we can work man to resolve this problem, but in the joying, and the country has a stake in together to address this issue during meantime, I urge the chairman and seeing these businesses succeed and conference. We must ensure that no Members of the subcommittee to work grow. The centers’ training and tech- victim of abuse will be refused legal as- with the Senate in conference to en- nical assistance programs are an im- sistance based upon the economic sta- portant part of the infrastructure that sure adequate funding for the State tus of the abuser. Maritime Academies. supports women-owned businesses. Mr. ROGERS. Mr. Chairman, I thank The second and vital aspect of this b 2015 the gentlewoman for her leadership on infrastructure for women entre- this issue. I understand the importance Mr. ROGERS. Mr. Speaker, I would preneurs is the National Women’s Busi- like to thank the gentleman from of providing access to legal services for ness Council. The council serves as an victims of domestic violence and look Texas and the gentlewoman from New independent advisory body to Congress York for bringing up this important forward to working with her and her and the President with approximately 8 colleagues on this important issue in issue. million women business owners in the Funding requirements for the State the conference. United States today. The council pro- Ms. PELOSI. Mr. Chairman, I thank Academies have been somewhat re- vides this growing constituency a voice the gentleman. duced because two of the five State with the Government and a direct con- I would like to also express interest Schoolships are now funded out of the duit to the Congress to learn its views. in this issue on behalf of the gentleman Ready Reserve Force Program. In addi- This week, the House passed a bill from New York [Mr. SCHUMER] and will tion, MARAD has used the Vessel Oper- which would increase the authorized include his statement in the colloquy ations Revolving Fund and unobligated funding levels for these programs. On for the RECORD, except to just add that balances to provide additional support that note, I want to express my hope Legal Services Corporation’s programs for State Academies during the past that funding can be increased for the handle more than 50,000 cases involving year. A provision is currently pending Women’s Business Center program and clients seeking protection from abusive in the defense authorization conference the National Women’s Business Coun- partners. This is a very important pro- that would provide another source of cil. vision that we are asking for. I thank revenue through the scrapping of ves- Mr. ROGERS. Mr. Chairman, the bill the chairman for his cooperation. sels in the National Defense Reserve now includes $3 million for the wom- Mr. Chairman, I include for the Fleet. en’s business centers and $194,000 for RECORD the following statement: As we move into conference with the the National Women’s Business Coun- Mr. SCHUMER. Mr. Chairman, I rise to ex- Senate on this bill and we receive addi- cil. Given the strong support within press support for this important provision. Last tional clarification about the availabil- the Senate and the worthy goals of year, Legal Services Corporation programs ity of these and other resources for the both programs, I am committed to handled more than 50,000 cases involving cli- State Academies, I will be happy to working with the gentlewoman to en- ents seeking protection from abusive partners. work with you and other Members to sure that these programs receive the This language is essential to ensure that address your concerns. necessary funding as the bill moves women in poverty have equal access to these Mr. ROGERS. Mr. Chairman, I yield through conference. legal services, and to continue our fight to the gentlewoman from Connecticut Mrs. JOHNSON of Connecticut. Mr. against domestic violence. [Mrs. JOHNSON]. Chairman, I thank the gentleman for The CHAIRMAN. The time of the Mrs. JOHNSON of Connecticut. Mr. his time and for his consideration of gentleman from Kentucky [Mr. ROG- Chairman, first of all, I want to con- this worthy program. ERS] has expired. gratulate the gentleman on his Mr. ROGERS. Mr. Chairman, I yield Mr. ROGERS. Mr. Chairman, I move thoughtful and effective leadership of to the gentlewoman from California to strike the last word, and I yield to this important appropriations sub- [Ms. PELOSI]. the gentleman from Texas [Mr. BENT- committee. It is a pleasure to work Ms. PELOSI. Mr. Chairman, I want SEN] for a colloquy with the gentleman with him. to commend the gentleman and the from Texas [Mr. SMITH]. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8241 (Mr. BENTSEN asked and was given Mr. Chairman, earlier this month tice-State appropriations bill. While we were permission to revise and extend his re- there was an assassination attempt not successful in getting that funding into the marks.) made on a Democratic Party member, House version of the bill, the Senate has in- Mr. BENTSEN. Mr. Chairman, I had a member of the minority in Albania. cluded in its version, $500,000 for the estab- intended to offer an amendment to this The attempt was made by a member of lishment of the Prairie View center. And it is bill to assist the Shriners Hospital for the Socialist Party of the Parliament. my understanding, through conversations my Children in my district that provides Since taking power, the Socialist staff has held with committee staff, that Chair- free orthopedic medical care for indi- Party, the old Communist Party, has man ROGERS and Ranking Member MOLLOHAN gent children from the southwest Unit- denied members of the opposition free- agree that funding for the juvenile justice cen- ed States and northern Mexico. The dom of speech, freedom of assembly, ter at Prairie View could be incorporated into Shriners offers free patient care to and freedom of the press. the conference report. I would like to thank children who suffer from diseases of I am asking that the committee in- both Chairman ROGERS and Ranking Member bones, joints, muscles, and burns. sert report language in the conference MOLLOHAN for their support of this important The Shriners Hospital in Houston has report directing the State Department project. a service area which includes northern to investigate the allegations that the The National Center for the Study and Pre- Mexico. The patients which they ac- Albanian Socialist Government has de- vention of Juvenile Crime and Delinquency at cept for treatment would not be able to nied freedom of speech, freedom of the Prairie View A&M University will fill some very receive comparable care in Mexico, and press, and freedom of assembly to both important functions: First, conducting aca- the Shriners completely cover the Albanian citizens and to the opposition demic programs, including continuing edu- costs of their travel and treatment to Democratic Party, and to report back cation and training for professionals in the ju- Houston, Texas. to this appropriations subcommittee venile justice field; second, conducting policy Regrettably, the visa processing fee, on these matters in a timely manner. research; and third, developing and assisting as provided in the Foreign Relations Mr. ROGERS. Mr. Chairman, we will with community outreach programs focused on Authorization Act for fiscal years 1994 work with the gentleman to obtain the the prevention of juvenile violence, crime, drug and 1995, that is required to be charged language that he seeks in the state- use, and gang-related activities. on all immigrants entering the U.S. ment of the managers. The importance of such a center is evi- causes an undue hardship for these Mr. MOLLOHAN. Mr. Chairman, I denced by the fact that across America, vio- children, their families, and in particu- move to strike the last word, and I lent crime committed by and against juveniles lar the Shriners who volunteer their yield to the distinguished gentlewoman is a national crisis that threatens the safety time and funds to assist them. from Texas [Ms. JACKSON-LEE]. and security of communities, as well as the fu- My amendment would have prohib- Ms. JACKSON-LEE of Texas. Mr. ture of our children. According to a recently re- ited the use of funds contained in this Chairman, I thank the ranking member leased FBI report on crime in the United bill to enforce the visa processing fee very much. States, law enforcement agencies made an for children entering the U.S. for pre- I would like to thank the gentleman estimated 2.7 million arrests of persons under arranged medical care at a charitable from West Virginia [Mr. MOLLOHAN], 18 in 1995. hospital such as Shriners as well as for and as well I would like to thank the Studies, however, show that prevention is their accompanying parents and guard- chairman of this committee for listen- far more cost-effective than incarceration in re- ians. My office has been successful in ing and providing assistance on the ducing the rates of juvenile crime. A study by obtaining an INS waiver of the border the Rand Corp., titled ``Diverting Children from issue of the Prairie View A&M Univer- crossing free they charge for these chil- a Life of Crime, Measuring Costs and Bene- sity Juvenile Prevention Center. dren and their parents or accompany- Many of my constituents are in- fits'', is the most recent comprehensive study ing guardian. volved in this university and particu- done in this area. It is clear that juvenile crime As the State Department apparently and violence can be reduced and prevented, larly are interested in ways of prevent- does not have the authority to waive but doing so will require a long-term vigorous ing juvenile crime. This center has the visa processing fees under the For- investment. The Rand study determined that been designated by the State legisla- eign Relations Authorization Act, it is early intervention programs can prevent as ture in Texas to assist training individ- my hope that the Subcommittee on Im- many as 250 crimes per $1 million spent. In uals who would be involved in prevent- migration and Claims will take this contrast, the report said in investing the same ing juvenile crime, teachers, profes- matter under consideration, in particu- amount in prisons would prevent only 60 sionals, and probation and other pro- lar, providing for the authority to crimes a year. waive such fees when special situations fessionals dealing with this issue. I was Children hurting children on the streets of such as the case of Shriners Hospital delighted to be able to support the our Nation is costly for the moral fabric of our for Children in Houston warrants it. Riggs-Scott amendment that heavily society and the burden on our Government. Mr. SMITH of Texas. Mr. Chairman, relied upon prevention as opposed to Public safety is now becoming one of the most will the gentleman yield? incarceration of our juveniles. significant factors influencing the cost of State Mr. ROGERS. I yield to the gen- The Senate mark on this bill does and local governments. We can begin to bring tleman from Texas. have provisions in funding for the Prai- those costs down and make both short-term Mr. SMITH of Texas. Mr. Chairman, I rie View A&M University Juvenile and long-term positive differences in the lives appreciate the point my friend from Crime Prevention Center. I would hope of our young people by targeting the preven- Texas is making. I am sure the sub- that both the ranking member and the tion of juvenile crime. committee will be happy to consider chairman, who worked so very hard on In Texas, the historically black colleges and the proposal and to evaluate the gen- this very strong bill on the issue of pre- universities are forging ahead. The Juvenile tleman’s situation. I thank him for vention, would look to provide support Justice Center at Prairie View A&M University calling it to my attention. to this particular center as it will serve will become a State and national resource. It Mr. BENTSEN. Mr. Chairman, I not only the citizens of Texas and will perform a vital collaborative role by focus- thank the gentleman for his consider- those citizens who reside in the 18th ing on measures that target the prevention of ation of this. Congressional District, but as well citi- juvenile violence, crime, delinquency, and dis- Mr. ROGERS. Mr. Chairman, I yield zens throughout the Nation who are in- order. The university will provide comprehen- to the gentleman from Ohio [Mr. terested in being trained or preventing sive teaching, research, and public service TRAFICANT]. juvenile crime. programs. There is no single answer to this Mr. TRAFICANT. Mr. Chairman, I Mr. Chairman, I rise today to draw my col- problem, but this center will be a start to bridg- want to commend both the gentleman leagues' attention to the question of funding ing the programs that work for the State of from Kentucky and the gentleman for the establishment of a National Center for Texas and other States. from West Virginia [Mr. MOLLOHAN] for the Study and Prevention of Juvenile Crime I would again like to thank both the chair- their leadership on this bill. There is and Delinquency at Prairie View A&M Univer- man and the ranking member for their support growing concern, Mr. Chairman, over sity, located outside of Houston, TX. of the National Center for the Study and Pre- developments in Albania, and there are I have worked during the appropriations vention of Juvenile Crime and Delinquency those that believe that Albania could process with many of my colleagues in an ef- and to encourage that funding for this center become the next Bosnia. fort to find such funding in the Commerce-Jus- be included in the conference report. H8242 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The CHAIRMAN. Are there further increasingly complex technologies require Office of the U.S. Trade Representative to amendments? NIST laboratories to maintain the most sophis- equip the agency to defend national, state, Hearing none, the Clerk will read. ticated equipment and most talented scientists local and territorial law adversely affected by The Clerk read as follows: in the world. NIST's infrastructure, however, is international agreements. This Act may be cited as the ‘‘Depart- failing and in need of repair and replacement. The bill also contains an important provision ments of Commerce, Justice, and State, the NIST currently has a maintenance backlog passed by amendment which I co-sponsored, Judiciary, and Related Agencies Appropria- of over $300 million. In addition, NIST requires the Hoyer-Cardin-Etheridge amendment, to tions Act, 1998’’. new laboratory space that includes a higher add $3 million to the National Oceanic and At- Mr. FAZIO. Mr. Chairman, I implore the level of environmental controlÐcontrol of both mospheric Administration's [NOAA] National House Conferees on the Commerce, Justice, vibration and air qualityÐthan can be Ocean Service Account to respond effectively State and Judiciary Appropriations Bill for Fis- achieved through the retrofitting of any of its to pfiesteria and pfiesteria-like conditions cal Year 1998 to maintain the House silence existing facilities. In order to meet this press- throughout the Eastern Seaboard. NOAA has on the issue of splitting the Ninth Circuit Court ing need, NIST must construct an Advanced the mechanisms in place to study and assess of Appeals. The Senate made a hasty deci- Measurement Laboratory [AML]. the causes of pfiesteria and how we can begin sion to include a provision in their version of As part of the sums appropriated for NIST, to control it. Our natural resources and water- the bill which would split the Ninth Circuit with- H.R. 2267 includes $111 million for construc- ways are simply too valuable for us not to act out the appropriate and necessary study, and tion, renovation and maintenance for NIST's to protect both them and the public health. I the Senate language would mandate that the laboratories. Of that total, $94 million is re- hope this marks the beginning of a strong fed- split occur immediately, with only two years to served until NIST, through the Department of eral-state partnership to protect North Caroli- wind up the circuit's administrative matters. Commerce, submits its construction plan to na's citizens and our waterways. The proposed split would not solve the back- Congress. There are two provisions however to which log of cases, as some proponents argue; in The Report accompanying the bill specifi- I am strongly opposed: the Doggett amend- fact, it would serve only to delay the cases cally states: ment included in the bill and the bipartisan currently on the docket even more. The Committee has included funding above Mollohan-Shays amendment which is not. The There is overwhelming opposition to splitting the request to address NIST’s facilities re- Doggett language prohibits the use of funds in the Ninth Circuit, both among the legal com- quirements identified in this plan, but has the bill to promote the sale or export of to- munity in the Ninth circuit and national organi- included language in the bill providing for the release of the $94,400,000 increase only bacco or tobacco products, and prohibits zations, such the Federal Bar Association. The upon submission of a spending plan in ac- funds in the bill to be used to seek the reduc- Judicial Council of the Ninth Circuit, the cir- cordance with section 605 of this Act. This tion or removal by any foreign country of re- cuit's governing body, has repeatedly voted in spending plan should reflect the priorities strictions on the marketing of tobacco or to- opposition to division of the circuit. H.R. 908, identified in a long-term facilities master bacco products. I also strongly oppose the which was passed on a voice vote by the plan. bill's language on statistical sampling as part House on June 3, 1997, calls for a commis- Mr. Chairman, the AML is indeed NIST's of the 2000 Census. Statistical sampling will sion to investigate structural alternatives for number one new construction priority. In provide a more accurate census of the popu- the Federal Court of Appeals. It is crucial that NIST's just released ``NIST Laboratory Facili- lation and demographic groups of our country, a costly and precedent-setting move such as ties: Planning Status Report,'' NIST states that including rural areas such as the Second Dis- splitting the Ninth Circuit Court of Appeals be ``all of the analysis leading to the new [con- trict of North Carolina and save millions in tax- carefully considered prior to implementation. struction] plan has verified the need to con- payer dollars. No circuit has ever been divided without care- struct an Advanced Measurement Laboratory I am hopeful the conference committee will ful study and the support of the judges and [AML] in Gaithersburg.'' It is my expectation correct these two provisions in the bill which lawyers within the circuit. that when the construction plan is finally re- hurt my district so that I may vote in favor of Splitting the Ninth Circuit would create the leased by the Department of Commerce and the crime, environmental, and advanced tech- only two-state circuit in the country and would the Office of Management and Budget, the nology provisions I wholeheartedly support. take away the important federalizing function AML will top the list of construction projects for Mrs. MINK of Hawaii. Mr. Chairman, I rise of the court of appeals. Additionally, judges NIST. today to express my deep disappointment that would be disproportionately allocated between I would like to again thank Chairman ROG- the Fiscal Year 1998 Commerce-Justice-State the two new circuitsÐthe 15 judges in the new ERS for his support of NIST and its facility House Appropriations bill once again elimi- Ninth Circuit would have a 44 percent higher needs. nates all funding for the East-West Center in caseload per judge than the 13 judges of the Mr. ETHERIDGE. Mr. Chairman, I rise in Honolulu, Hawaii. newly-created Twelfth Circuit. opposition to final passage of H.R. 2267, the The Asia-Pacific Region is an emerging The House Judiciary Committee and the Ad- Commerce-Justice-State appropriations bill, economic and military power of increasing im- ministration oppose the Senate language on despite my strong support for certain provi- portance to the United States economy and the grounds that it constitutes legislating on sions of the bill. I fully support most provisions national security. The United States now Appropriations. I urge the House/Senate Con- in H.R. 2267 which provides funding for the trades more with countries in the Asia-Pacific ferees on the Commerce, Justice, State Ap- Commerce, Justice, and State Departments, Region than with NAFTA countries or the Eu- propriations bill to maintain the House position the judiciary, and other related agencies. How- ropean Union. In addition to trade and secu- on this matter and call for further study on the ever, as the Representative for a rural, to- rity, the United States and Asian Pacific coun- issue before taking such decisive and poten- bacco growing district in North Carolina, I op- tries continually seek to learn from each other tially damaging action. pose final passage of this legislation. about education, health care, new tech- Mrs. MORELLA. Mr. Chairman, I would like I support those provisions in H.R. 2267 ad- nologies, and development of alternative forms to begin by congratulating Chairman ROGERS dressing crime, environmental protection, and of energy. We cannot undervalue the impor- for his subcommittee's work to fully fund the technology advancement. Specifically, of the tance of continuing close ties with this Region. National Institute of Standards and Tech- $30 billion included in the bill, I favor the $5.3 One important way to show our long-term in- nology [NIST]. billion for the Violent Crime Reduction Trust vestment in U.S. Asian-Pacific relations is NIST is the Nation's oldest Federal labora- Fund, the $497 million increase for the Immi- through the East-West Center. tory. It was established by Congress in 1901, gration and Naturalization Service which would For almost four decades, the East-West as the National Bureau of Standards [NBS], provide for 1,000 new border control agents Center has played a key role in strengthening and subsequently renamed NIST. and 2,700 more detention cells, the increase relations between the governments and peo- As part of the Department of Commerce, by $129 million for the Drug and Enforcement ple of the Asia-Pacific Region and the U.S. NIST's mission is to promote economic growth Administration, $112 million more for the Na- The Center helps prepare the United States by working with industry to develop and apply tional Institute of Standards and Technology, for constructive involvement in Asia and the technology, measurements, and standards. As $250 million for the Legal Services Corpora- Pacific through education, dialogue, research the Nation's arbiter of standards, NIST en- tion [LSC], including more thorough oversight and outreach. Over 43,000 Americans Asians, ables our nation's businesses to engage each by the Congress of the LSC without overbur- and Pacific Islanders from over 60 nations and other in commerce and participate in the glob- dening its effective administration, the Ad- territories have participated in the East-West al marketplace. vanced Technology Program [ATP], National Center's programs. The precise measurements required for es- Endowment for Democracy, and increase by In a region where nations and cultures have tablishing standards associated with today's $1 million for fiscal year 1998 funding for the become more interdependent, the Center's September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8243 purpose is more important than ever. To carry We must continue to encourage women to There was no objection. out its mandate, the Center provides grants to start businesses and provide them the assist- The SPEAKER pro tempore. The undergraduate and graduate students, pro- ance they need to remain viable. I commend question is on the amendment. vides research and study fellowships, and the members of the National Women's Busi- The amendment was agreed to. sponsors conferences, workshops, seminars ness Council on their hard work, and I encour- The SPEAKER pro tempore. The and meetings for training, research, and out- age my colleagues in Congress to do the question is on the engrossment and reach purposes. same. third reading of the bill. The East-West Center has already suffered The CHAIRMAN. If there are no fur- The bill was ordered to be engrossed a 58 percent reduction in direct federal sup- ther amendments, under the rule, the and read a third time, and was read the port during the last two fiscal years. As a re- Committee rises. third time. Accordingly, the Committee rose; sult, the Center overhauled its programs by re- MOTION TO RECOMMIT OFFERED BY MR. BONIOR and the Speaker pro tempore (Mr. examining their mission, prioritizing their activi- Mr. BONIOR. Mr. Speaker, I offer a GILLMOR) having assumed the chair, ties, and streamlining operations. The Center motion to recommit. Mr. HASTINGS of Washington, Chairman has eliminated 122 of 255 staff positions as The SPEAKER pro tempore. Is the of the Committee of the Whole House well as require research staff to raise 50% of gentleman opposed to the bill? on the State of the Union, reported their salaries from external sources. Mr. BONIOR. I am, Mr. Speaker. To eliminate funding would be not only a that that Committee, having had under consideration the bill (H.R. 2267) mak- The SPEAKER pro tempore. The blow to the center itself, but to our commit- Clerk will report the motion to recom- ment to the Asian Pacific region. Elimination of ing appropriations for the Departments of Commerce, Justice, and State, the mit. all funding would ensure the closing of the The Clerk read as follows: East-West Center. We as a nation would be Judiciary, and related agencies for the Mr. BONIOR moves to recommit the bill sending the message that the United States fiscal year ending September 30, 1998, and for other purposes, pursuant to H.R. 2267 to the Committee on Appropria- no longer cares about the Region and that tions. U.S. Asian-Pacific relations are no longer a House Resolution 239, he reported the bill back to the House with sundry The SPEAKER pro tempore. Without priority. Placing short-term goals of budget objection, the previous question is or- cutting ahead of long-term economic and inter- amendments adopted by the Commit- tee of the Whole. dered on the motion to recommit. national security in the Asia-Pacific is short- There was no objection. b sighted and ill advised. I urge my colleagues 2030 The SPEAKER pro tempore. The to join me in supporting efforts to restore fund- The SPEAKER pro tempore (Mr. question is on the motion to recommit. ing to the East-West Center in the final Com- GILLMOR). Under the rule, the previous The motion was rejected. merce-Justice-State Appropriations bill. question is ordered. The SPEAKER pro tempore. The Mr. FAZIO. Mr. Chairman, as the debate on Is a separate vote demanded on any question is on the passage of the bill. the Commerce, Justice, State and the Judici- amendment? Pursuant to clause 7 of rule XV, the ary Appropriations bill comes to an end, I Mr. COLLINS. Mr. Speaker, I demand yeas and nays are ordered. would like to mention a small but vital Small a separate vote on amendment No. 2 of- The vote was taken by electronic de- Business Administration programÐthe Na- fered by the gentleman from Illinois vice, and there were—yeas 227, nays tional Women's Business Council. The Council [Mr. HYDE]. 199, not voting 7, as follows: was created by Congress in 1988, and it is The SPEAKER pro tempore. Is a sep- charged with being an independent, bipartisan arate vote demanded on any other [Roll No. 476] advisor to Congress and the President on amendment? If not, the Chair will put YEAS—227 women's entrepreneurship. The members of them en gros. Abercrombie Deal Holden the Council are prominent women business The amendments were agreed to. Aderholt DeLay Horn The SPEAKER pro tempore. The Archer Diaz-Balart Houghton owners and leaders of national women's busi- Armey Dickey Hoyer ness advocacy organizations, who are de- Clerk will report the amendment on Baesler Dicks Hulshof voted to helping other women start and ex- which a separate vote has been de- Baker Dixon Hunter manded. Baldacci Doyle Hutchinson pand businesses. Ballenger Dreier Hyde Recent studies have shown that only 1.6 The Clerk read as follows: Barr Dunn Inglis percent of the investments made by venture Part II amendment printed in House Re- Barrett (NE) Ehlers Jenkins capitalists go to women-owned businesses de- port 105–264: Barrett (WI) Emerson Johnson (CT) Page 116, strike line 16 and all that follows Barton English Johnson (WI) spite the proven success of women's busi- through line 2 on page 117 and insert the fol- Bass Eshoo Kanjorski nesses, and this shows that we still have a lowing: Bateman Everett Kasich Bereuter Ewing Kelly long way to go in leveling the playing field for SEC. 616. ATTORNEYS FEES AND OTHER COSTS IN Berman Farr Kim women-owned businesses. The National CERTAIN CRIMINAL CASES. Bilbray Fawell Kind (WI) Women's Business Council is working to cor- During fiscal year 1997 and in any fiscal Bilirakis Foley King (NY) rect these and other inequities women's busi- year thereafter, the court, in any criminal Bliley Forbes Kingston nesses face. The Council promotes bold initia- case pending on or after the date of the en- Boehlert Fowler Klink tives, policies, and programs designed to fos- actment of this Act, shall award, and the Boehner Fox Klug United States shall pay, to a prevailing Bonilla Franks (NJ) Knollenberg ter women's businesses at all stages of devel- party, other than the United States, a rea- Bono Frelinghuysen Kolbe opment. sonable attorney’s fee and other litigation Borski Gallegly LaHood The National Women's Business Council Boucher Ganske Latham costs, unless the court finds that the posi- Brady Gekas LaTourette seeks to become the nucleus of a national tion of the United States was substantially Brown (CA) Gilchrest Lazio network of women business owners and their justified or that other special circumstances Bryant Gillmor Leach advocate to the executive and legislative make an award unjust. Such awards shall be Bunning Gilman Lewis (CA) granted pursuant to the procedures and limi- Buyer Goode Lewis (KY) branches. It helps provide information for Callahan Goodlatte Linder women starting new businesses on how to ac- tations provided for an award under section 2412 of title 28, United States Code. Fees and Calvert Goodling Livingston Camp Goss LoBiondo cess capital, credit training and technical as- other expenses awarded under this provision sistance, and it distributes information on the Canady Granger Lofgren to a party shall be paid by the agency over Cannon Greenwood Luther success and innovation of women-owned busi- which the party prevails from any funds Castle Gutierrez Matsui nesses. made available to the agency by appropria- Chambliss Gutknecht McCarthy (MO) In my home district, in Sacramento, Califor- tion. No new appropriations shall be made as Christensen Hall (OH) McCollum nia, there are over 50,000 women-owned a result of this provision. Coble Hall (TX) McCrery Collins Hamilton McDade firms, employing over 85,000 people and gen- Mr. ROGERS (during the reading). Condit Hansen McHale erating over $10 billion in sales. These firms Mr. Speaker, I ask unanimous consent Cook Hastert McHugh represent thirty-nine percent of all firms in the that the amendment be considered as Cooksey Hastings (WA) McKeon Cramer Hayworth Metcalf Sacramento metropolitan area. The National read and printed in the RECORD. Cubin Hefner Mica Women's Business Council has been instru- The SPEAKER pro tempore. Is there Cunningham Herger Miller (CA) mental in helping many of these firms become objection to the request of the gen- Danner Hobson Miller (FL) the successes that they are. tleman from Kentucky? Davis (VA) Hoekstra Mollohan H8244 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Moran (VA) Redmond Stenholm NOT VOTING—7 provides for 1 hour of debate, divided Morella Regula Sununu Gonzalez Schiff Young (FL) equally between the chairman and Murtha Reyes Talent Tanner McDermott Schumer ranking minority member of the Com- Myrick Riggs Roukema Yates Nethercutt Rogan Tauzin mittee on House Oversight. The rule Ney Rogers Taylor (NC) b 2050 also waives points of order against con- Thomas Northup Ros-Lehtinen sideration of this resolution. Nussle Saxton Thornberry Messrs. COX of California, OWENS, Thune Finally, the rule provides for one mo- Ortiz Schaefer, Dan ENGEL, GIBBONS, and RILEY Tiahrt Oxley Sessions changed their vote from ‘‘aye’’ to ‘‘no.’’ tion to recommit. Traficant Mr. Speaker, the resolution this rule Packard Shadegg Upton Mr. HERGER changed his vote from Pallone Shaw Visclosky brings to the floor today is an attempt Pappas Sherman ‘‘no’’ to ‘‘aye.’’ Walsh So the bill was passed. to express the will of this House relat- Parker Shimkus Wamp ing to the proper enforcement of a sub- Pastor Shuster The result of the vote was announced Watkins poena issued under the Federal Con- Paxon Sisisky Watts (OK) as above recorded. Pease Skaggs Waxman A motion to reconsider was laid on tested Elections Act. Peterson (PA) Skeen Weldon (FL) The House will be asserting, by vot- the table. Petri Skelton Weldon (PA) ing on this resolution, that ignoring a Pickering Smith (MI) Weller f valid subpoena issued under this act is Pitts Smith (NJ) White Porter Smith (OR) Whitfield REMOVAL OF NAME OF MEMBER an affront to the dignity of the House Portman Smith (TX) Wicker AS COSPONSOR OF H.R. 1171 of Representatives and to the integrity Price (NC) Snowbarger Wise of its proceedings. Pryce (OH) Solomon Wolf Mr. KASICH. Mr. Speaker, I ask Young (AK) We will hear from Members of the Quinn Souder unanimous consent that the name of House on the Committee on House Rahall Spence the gentleman from Pennsylvania [Mr. Ramstad Stearns Oversight to explain the facts of the MASCARA] be removed as cosponsor of case during the debate on this resolu- NAYS—199 H.R. 1171. He was added in error. tion. But it is important to consider The SPEAKER. Is there objection to the relevant statutes in question at the Ackerman Gejdenson Neumann the request of the gentleman from Allen Gephardt Norwood onset of this debate, and I would like Andrews Gibbons Oberstar Ohio? to take a minute just to make sure Bachus Gordon Obey There was no objection. Barcia Graham Olver that we all understand those statutes. Bartlett Green Owens f As the debate on this resolution Becerra Harman Pascrell PROVIDING FOR CONSIDERATION unfolds, which is likely to be acrimoni- Bentsen Hastings (FL) Paul ous, at best, I would ask Members to Berry Hefley Payne OF H.R. 244, SUBPOENA ENFORCE- Bishop Hill Pelosi MENT IN CASE OF DORNAN V. keep in mind these important provi- Blagojevich Hilleary Peterson (MN) SANCHEZ sions of law: Members should also be Blumenauer Hilliard Pickett aware of their constitutional respon- Pombo Blunt Hinchey Mr. SOLOMON. Mr. Speaker, by di- sibilities as they consider this very, Bonior Hinojosa Pomeroy rection of the Committee on Rules, I Boswell Hooley Poshard very difficult issue. Boyd Hostettler Radanovich call up House Resolution 253 and ask First, Article I, Section 5 of the Con- Brown (FL) Istook Rangel for its immediate consideration. Riley stitution states that each House, that Brown (OH) Jackson (IL) The Clerk read the resolution, as fol- means the House and the Senate, shall Burr Jackson-Lee Rivers lows: Burton (TX) Rodriguez be the judge of its own elections, of its Campbell Jefferson Roemer H. RES. 253 own returns, and qualifications of its Rohrabacher Capps John Resolved, That upon the adoption of this own Members. That is Article I, Sec- Cardin Johnson, E. B. Rothman Roybal-Allard resolution it shall be in order without inter- tion 5 of the Constitution of the United Carson Johnson, Sam vention of any point of order to consider in Chabot Jones Royce States. This provides the groundwork the House the resolution (H. Res. 244) de- Chenoweth Kaptur Rush for the House to judge contested elec- Ryun manding that the Office of the United States Clay Kennedy (MA) tions involving its seats, a responsibil- Clayton Kennedy (RI) Sabo Attorney for the Central District of Califor- Clement Kennelly Salmon nia file criminal charges against Hermandad ity the House has practiced since the Clyburn Kildee Sanchez Mexicana Nacional for failure to comply early Congresses, 200 years ago. Coburn Kilpatrick Sanders Sandlin with a valid subpoena under the Federal Con- Also, the Federal Contested Elections Combest Kleczka Sanford tested Elections Act. The resolution shall be Act, enacted in 1969, sets forth the pro- Conyers Kucinich Sawyer considered as read for amendment. The pre- Costello LaFalce cedures for candidates to contest an Scarborough Cox Lampson vious question shall be considered as ordered election in this House of Representa- Schaffer, Bob Coyne Lantos on the resolution and the preamble to final Scott tives. The act provides for filing a No- Crane Largent adoption without intervening motion except: Sensenbrenner Crapo Levin (1) one hour of debate equally divided and tice of Contest with the Clerk of the Serrano Cummings Lewis (GA) House, among other congressional pro- Shays controlled by the chairman and ranking mi- Davis (FL) Lipinski Slaughter nority member of the Committee on House cedures. Furthermore, the act sets Davis (IL) Lowey Smith, Adam Oversight; and (2) one motion to recommit forth procedures for subpoena for depo- DeFazio Lucas Smith, Linda DeGette Maloney (CT) which may not contain instructions and on sitions. Snyder Delahunt Maloney (NY) which the previous question shall be consid- The Contested Elections Act is also Spratt DeLauro Manton ered as ordered. Stabenow very specific in ‘‘allowing subpoenas to Dellums Manzullo Stark The SPEAKER pro tempore [Mr. be issued by any party in the elected Deutsch Markey Stokes Dingell Martinez GILLMOR]. The gentleman from New contest.’’ That is a quote. We heard Strickland Doggett Mascara York [Mr. SOLOMON] is recognized for 1 Stump considerable testimony on that subject Dooley McCarthy (NY) Stupak hour. in the Committee on Rules for several Doolittle McGovern Tauscher Duncan McInnis Mr. SOLOMON. Mr. Speaker, for the hours last night. Taylor (MS) Edwards McIntosh purpose of debate only, I yield the cus- As the Members are well aware, there Thompson Ehrlich McIntyre Thurman tomary 30 minutes to the gentlewoman is a contested election pending in the Engel McKinney Tierney from New York [Ms. SLAUGHTER], pend- 46th district in California. On March 17, Ensign McNulty Torres Etheridge Meehan ing which I yield myself such time as I 1997, and this is important for the Towns Evans Meek may consume. During consideration of Members to understand, the United Turner Fattah Menendez Velazquez the resolution, all time yielded is for States District Court issued a subpoena Fazio Millender- Vento Filner McDonald the purposes of debate only. under the Contested Elections Act for Waters Flake Minge Mr. Speaker, this resolution is a rule the deposition and records of Watt (NC) Foglietta Mink Wexler which provides for consideration of Hermandad Mexicana Nacional. The Ford Moakley Weygand House Resolution 244. It is a resolution Committee on House Oversight voted Frank (MA) Moran (KS) Woolsey Frost Nadler relating to subpoena enforcement in to modify the subpoena and require Wynn Furse Neal the case of Dornan v. Sanchez. The rule compliance by a date certain, that date September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8245 being May 1, 1997. To date, compliance I opposed this rule last night because it is appropriate according to the law and with this valid subpoena has not oc- of my concern related to the separation the facts,’.’’. curred. of powers, not with regard to the proc- The SPEAKER pro tempore. Is there It should also be noted that, in the ess of discovery in this case. objection to the request of the gen- exercise of its proper role under the I agree with the U.S. District Court tleman from New York? Contested Elections Act, the Commit- for the Southern District of California Mr. MENENDEZ. Reserving the right tee on House Oversight met on Septem- that, and I would quote the court, in to object, Mr. Speaker, I would like to ber 24 just past and quashed several the review of its discovery process, turn to the distinguished chairman of subpoenas, including one to the Congress is not seizing a function not the Committee on Rules to ask a ques- contestee in the case, the gentlewoman constitutionally entrusted to it, and tion. from California [Ms. SANCHEZ]. there is no separation of powers viola- I heard my dear friend and colleague from Florida [Mr. DIAZ-BALART] de- b 2100 tion, end quote, but, rather, in the de- mand that the resolution makes that scribe what he believes is the reasoning Last week, Mr. Speaker, the United the U.S. Attorney for the Central Dis- behind this, and I would like to ask the States District Court upheld the con- trict of California filed criminal chairman, ‘‘Exactly what is your in- stitutionality of the deposition sub- charges. tent in this language?’’ poena provisions of the Contested Elec- It was alleged more than once during Mr. SOLOMON. Mr. Speaker, will the tion Act. House Resolution 244, the res- the almost 4 hours that we listened to gentleman yield? olution before us today, will put the the testimony in the Committee on Mr. MENENDEZ. I yield to the gen- House on record asserting that the Rules last night that legal authority tleman from New York. rights of the House as an institution exists preventing that outright demand Mr. SOLOMON. It is exactly as the and the dignity of its proceedings by Congress of the U.S. attorney. The words that the gentleman from Florida under the Constitution and under Fed- Gorsuch case in the 1980’s, specifically [Mr. DIAZ-BALART] has asked us to eral law are called into question by the in 1983, was referred to. place in it. Pursuant to its determina- lack of compliance with the subpoena. So what we do with this amendment tion that it is appropriate according to Now, Mr. Speaker, last night during that the chairman of the Committee on the law and the facts. He just wants to the Committee on Rules consideration Rules is proposing to the rule is to make sure that we are not infringing of the resolution, a member of the state and make clear that when the on another branch of the Government, Committee on Rules, the gentleman House makes its demands upon the which he explained. from Florida [Mr. DIAZ-BALART], ex- U.S. attorney, that the determination Mr. MENENDEZ. Does this indicate pressed concern that the drafting of to prosecute must be made by the U.S. that the U.S. attorney has not made a the resolution violated the spirit of the attorney pursuant to its finding that it determination that is in accordance constitutional doctrine of separation of is appropriate according to the law and with the law and the facts at this time? Mr. SOLOMON. No, it does not. powers. Because of this Congressman’s the facts in this case. Mr. MENENDEZ. Does it determine concerns, I will be offering a manager’s The evidence that the subpoena at that he has made a determination? amendment to this rule that will ad- issue in this matter has been ignored dress his concerns. This amendment to Mr. SOLOMON. No, it does not. after hours of testimony in the Com- Mr. MENENDEZ. So it is up in the the rule will change the text of the mittee on Rules became very evident. air as to whether or not he has a deter- House Resolution to read as follows: The fact that no one is above the law mination pursuant to the law and the Resolved that the House of Rep- in the United States of America must facts. We do not know whether he has resentatives demands that the Office of be made clear. We made clear in this made one. the United States Attorney for the House just a few weeks ago that the Mr. SOLOMON. As far as the resolu- Central District of California carry out rules of this House also cannot be vio- tion is concerned, the gentleman is cor- its responsibility by filing, and that lated when we barred from the floor of rect. part is what is in the bill right now, this House the contestant in this mat- Mr. MENENDEZ. OK. So, in essence, but we would then add to that, pursu- ter. what we will be doing if we permit this ant to its determination that it is ap- With the amendment that we are pro- specific language to amend it is to de- propriate according to the law and the posing to the rule, Mr. Speaker, we are mand that the U.S. attorney carry out facts. And then we go back to the regu- going the extra mile to make certain his responsibility even though we rec- lar language in the resolution which that absolutely no constitutional pre- ognize that a basis to determine wheth- states criminal charges against cepts are violated when the House of er or not the laws and the fact in this Hermandad Mexicana Nacional for fail- Representatives insists upon the prin- issue should rise to the level of pursu- ure to comply with a valid subpoena is- ciple that the law must be followed. ing a criminal charge has been made. sued under the act. AMENDMENT OFFERED BY MR. SOLOMON Mr. SOLOMON. I would just say to The phrase again, what I would be of- Mr. SOLOMON. Mr. Speaker, I thank the gentleman, it makes no material fering in the manager’s amendment, the gentleman from Florida, and if it is difference whether it is in or out or which I understand will probably be ac- all right, I would say to the gentle- not. This simply states the fact that cepted by the other side, simply says, woman from New York, so that we are they will be pursuant to law and to pursuant to its determination that it is debating the actual resolution, I would facts, whatever they may be. appropriate according to the law and at this time propound the unanimous- Mr. MENENDEZ. Continuing on my the facts, is what we are inserting. consent request that the amendment to reservation of objection, Mr. Speaker, I Mr. Speaker, the amendment to the House Resolution 253 that was placed just have a simple question; maybe I rule tightens the language of the origi- at the desk be considered as adopted misstated it. nal resolution to satisfy the concerns now. The simple question is, are we saying of the gentleman from Florida [Mr. The SPEAKER pro tempore (Mr. that we do not know whether or not, or DIAZ-BALART], and at the appropriate GILLMOR). The Clerk will report the do we know whether the U.S. attorney time I would urge support of the amendment. has made a determination pursuant to amendment and the rule. The Clerk read as follows: the law and the facts that this is ap- Mr. DIAZ-BALART. Mr. Speaker, Amendment Offered By Mr. SOLOMON: propriate? will the gentleman yield? At the end of the resolution add the follow- Mr. SOLOMON. No, and I do not Mr. SOLOMON. I yield to the gen- ing new sections: know. tleman from Florida. ‘‘Sec. 2. Notwithstanding any other provi- Mr. MENENDEZ. We do not know. Mr. DIAZ-BALART. Mr. Speaker, I sion of this resolution, the amendment speci- Mr. SOLOMON. I do not know. will be brief. fied in section 3 of this resolution shall be Mr. MENENDEZ. And so by placing considered as adopted. The chairman of the Committee on ‘‘Sec. 3. The amendment described in sec- this in there, we are recognizing that it Rules was correct in stating that I ex- tion 2 of this resolution is as follows: is the responsibility of the U.S. attor- pressed my serious concern, in fact was Page 3, line 4, after ‘filing’ insert the fol- ney to determine that it is appropriate not able to support this rule last night. lowing: ‘, pursuant to its determination that pursuant to the law and the facts. H8246 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Mr. SOLOMON. It is his responsibil- that the United States attorney file Mr. SOLOMON. Let me point out the ity. criminal charges against an organiza- difference on how we Republicans are Mr. MENENDEZ. And we do not tion for its failure to comply with the handling this, because we are trying to know whether he has made that deter- subpoena issued by the defeated incum- be fair, and the gentlewoman from New mination yet or not. bent in the election, not by the House York [Ms. SLAUGHTER] said we ought to Mr. SOLOMON. No, but we sure want of Representatives, but by a defeated be rushing this thing, we ought to be to find out. incumbent, a normal citizen, while getting it over with. But I just go back Mr. MENENDEZ. Mr. Speaker, I knowing full well that this Congress to years ago before many of my col- withdraw my reservation of objection. has no authority to demand any such leagues were on this floor. I have been The SPEAKER pro tempore. Is there thing. here for 20 years. But there was a situa- objection to the request of the gen- Third, simply as a procedural matter tion where there was a gentleman by tleman from New York? this resolution is premature. A court the name of Rick McIntyre from Indi- There was no objection. has just ruled on the constitutional ana had won an election. He was cer- The SPEAKER pro tempore. Without status of the Contested Election Act tified by the State of Indiana as the objection, the amendment is agreed to. last week. The time for appeal of that winner, and in spite of that certifi- There was no objection. court ruling has not even expired, and cation at that time, the Democrat-con- Mr. SOLOMON. Mr. Speaker, I re- yet this resolution nevertheless trolled Congress would not seat the serve the balance of my time. purports to demand that criminal certified winner. Ms. SLAUGHTER. Mr. Speaker, I charges be brought against an organi- b 2115 yield myself such time as I may zation for failing to comply with sub- consume. poenas issued pursuant to that act. At But in fact, seated the loser, another Mr. Speaker, I thank the gentleman the very least, it is inappropriate for good friend of mine, a Democrat by the from New York [Mr. SOLOMON] for this Congress to be acting so precipi- name of Frank McCloskey. yielding me the customary time. tously when it is still possible that a Now, the point is this: In this dis- Mr. Speaker, I rise today to strongly court of appeals may reverse the lower puted case, we did not try to rush this urge my colleagues to defeat this rule court’s decision. through and not seat the certified win- and the resolution that it makes in Mr. Speaker, I urge my colleagues to ner, the gentlewoman from California order for several reasons. reject this attempt to divert attention [Ms. SANCHEZ], because she should have First, there are still, in my view, from this committee’s true responsibil- been seated and she was, and she is major separation of powers concerns ity and end this unwarranted fishing here today; yet, we went ahead and we regarding this resolution. If I can re- expedition. It is time for this commit- tried to investigate the matter. Now, that is the difference. We did peat, I still think that the major sepa- tee to fish or cut bait. It has specifi- not rush to it and seat the loser, we ration of powers question remains be- cally identified sufficient invalid votes seated the certified winner. But yet, it cause we are still demanding that ac- to overturn the certified 984-vote mar- is terribly important if we are going to tion be taken. gin or declare an end to this flounder- have an elected process in this country Since when does this Congress de- ing and this misbegotten challenge. that it be a fair process, and we need to mand that any law enforcement arm is The amendment that we just passed get to the bottom of it and that is real- to bring criminal action against pri- unanimously I think reinforces what we were saying, that this resolution ly what we are attempting to do here. vate citizens? The majority knows very So I wanted to clear the air. well it is beyond our power to compel has absolutely no power behind it. We cannot demand another branch of the Mr. Speaker, I yield 3 minutes to the compliance with this resolution, and gentlewoman from Columbus, Ohio the proof of that is the fact the resolu- Government do anything, and in fact, frankly, I think what we proved again [Ms. PRYCE], to further clear the air. tion has no legal effect whatsoever. Ms. PRYCE of Ohio. Mr. Speaker, I here is a simple phone call perhaps The role of Congress is to enact legisla- thank the distinguished chairman of might have sufficed, but to tie up the tion, not to enforce it. the Committee on Rules for yielding Houses’s time with a resolution is be- Second, the Committee on House me this time, and I rise to express my yond the pale. Oversight has failed to make even the support for both this rule and the un- Mr. Speaker, I reserve the balance of most basic determination that enough derlying resolution. my time. specific votes were in question to bring House Resolution 253 is a closed rule Mr. SOLOMON. Mr. Speaker, I yield into doubt the, certified by the Sec- to govern debate on a very serious mat- retary of State of California, the cer- myself such time as I may consume. Mr. Speaker, I really would like to ter that speaks directly to the issue of tified 984 vote margin. Common sense just be frank for a few minutes and, as whether this institution is willing to would mandate that the Committee on my colleagues know, just try to clear demand that the laws it passes are hon- House Oversight should have been able the air a little bit, because I personally ored and enforced. It is both that sim- to substantiate specific allegations of want to be as fair as I can on this issue. ple and that important. the mistaken counting of at least 984 Mr. HOYER. Mr. Speaker, will the Mr. Speaker, we will hear plenty of identified votes before beginning the gentleman yield? impassioned debate today that will be investigation. But no, we continued the Mr. SOLOMON. I yield to the gen- driven by politics and influenced by investigation for 10 months and still tleman from Maryland. personalities. The gentlewoman from are not able to identify enough votes to Mr. HOYER. Mr. Speaker, I was won- California [Ms. SANCHEZ] is a pleasure negate this outcome, and that is un- dering if the gentleman was just going to serve with and we all take pleasure conscionable. The Committee on House to be frank for a few minutes. in her company, but this is not about Oversight has allowed an election con- Mr. SOLOMON. I will be as frank as personalities. The resolution that this test based not on facts or even specific my friend would like me to be, for as rule makes in order addresses the will- allegations, but on innuendo and un- long as that. ful failure of the Hermandad Mexicana supported, vague assertions. But, as my colleagues know, I have Nacional to comply with a valid legal From the very beginning, the sup- heard the gentlewoman, whom I have subpoena. posed investigation has been a fishing great respect for, from Rochester, NY, However, some of my colleagues expedition trying desperately to find use the term ‘‘red herring’’ and talk clearly are missing the point. It does enough votes and voters to justify its about fishing and cutting bait, and to not matter who requested the sub- own continuation, and what do we have tell the truth, I wish I was fishing and poena; it does not matter what the sub- after 10 months? Very little. The ma- cutting bait right now up in the Adi- poena is expected to uncover, nor does jority on the committee is now looking rondacks. It is a beautiful time up it matter what the ethnicity is of the for distraction to draw attention from there. I invite all of my colleagues to parties served by the subpoena. What is its inability to make a case and its un- come up when the beautiful colors ap- significant is that the subpoena is valid willingness to dismiss it. pear at this time of the year. under the processes laid out by a Fed- The red herring it offers today is a Ms. SLAUGHTER. I mentioned floun- eral law that has been on the books for resolution that purports to demand der, too. over 25 years. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8247 How long can this body sit idle as the was not an American citizen. Quite the This has been a day. I started this Hermandad completely ignores this contrary. She is proud to be an Amer- morning, and three times today I have subpoena and, in effect, challenges the ican citizen. She is proud to be an seen the Republican Party repudiate legitimacy of the Federal Contested American citizen and she displays her what used to be conservative legal doc- Elections Act? The bottom line is that naturalization certificate to prove it. trines. In 1983, William French Smith, if one breaks the law, then one must Mr. Dornan even questioned the vot- the United States Attorney General face the consequences, but somehow ing rights of 18 Dominican nuns and a under Ronald Reagan, said, ‘‘No, Con- our friends on the other side of the group of 18 active-duty Marines based gress, you cannot tell me to prosecute aisle express outrage at this very sim- at a helicopter air station. a contempt citation. You cannot tell ple principle. The gentleman from California [Mr. me to prosecute for failure to comply, Are they really suggesting that voter THOMAS] continues to press on with because the way to deal with it is fraud should not be investigated? Are this sham investigation, assuming through the civil process.’’ they really suggesting that non-U.S. thousands of Americans are guilty No one is saying that Hermandad, citizens should be allowed to vote? And until proven innocent. who seem to be the victims in this case if the Department of Justice is content Now, that is not the American way of a fishing expedition, no one is saying to drag its feet in the face of this defi- and that is not the way the American that they can simply ignore the law. ance, then as a former prosecutor and a system is supposed to work. The bur- They went to court; they are contest- former judge, I believe it is the respon- den of proof should be on Mr. Dornan, ing it. A single district court judge has sibility of this House to send a strong not on thousands of Americans who decided against them. message that we demand that the law simply exercised their constitutional Now, all year the Republicans have be enforced. right to vote. said that when a single district court It is a sad day for all of us when we So I call on this evening, and my col- judge rules on affirmative action or a cannot expect this body, which is leagues will hear others call on this single district court judge rules on sworn to uphold the Constitution, to evening, the Republican leadership to something else, on immigration, ignore honor this very basic legal process. stop this harassment. it. That is arbitrary. Now we have a The other side’s deliberately inflam- This has been a terrible day for many single district court judge, and what is matory charges are an insult to this Americans in this country. We just this organization saying? They want to great institution and to the American went through a process on the census appeal the decision. They have con- ideal of fair and honest elections. We and on sampling. Four to 10 million stitutional arguments to make. The keep hearing clamoring for campaign Americans were denied in the last cen- constitutional argument is that the reform. Well, I respectfully suggest sus of being counted. They are people subpoena issued not by this House, but that we enforce the laws that we have like every single one of us in this body. by Robert Dornan, might not be appro- at hand. That is what this resolution is They deserve representation. priate. I am myself not used to hearing about, and I encourage my colleagues We got rid of three-fifths counting a the words ‘‘Dornan’’ and ‘‘appropriate’’ to support both the rule and the under- long time ago. Now that my colleagues in the same sentence. I think that is a lying resolution. on the other side do not want to count valid constitutional argument to Ms. SLAUGHTER. Mr. Speaker, I them, they do not want to count the make. yield 3 minutes to the gentleman from votes of those people who are American What we are saying is, let them pro- Michigan [Mr. BONIOR]. citizens who come and vote and exer- ceed with an appeal. Instead, the Re- Mr. BONIOR. Mr. Speaker, in 1996 the cise their right. This harassment has publicans said no, no, William French voters of Orange County elected LO- gone on long enough. We call for this Smith in 1983 filed a lawsuit to enjoin RETTA SANCHEZ and defeated Bob Dor- resolution to be defeated and we call on the House of Representatives from nan. Now, that is the way the Amer- this rule to be defeated. doing a contempt citation. That is ican democracy is supposed to work: Ms. SLAUGHTER. Mr. Speaker, I what the gentleman from Florida [Mr. voters get to choose who represents yield 4 minutes to the gentleman from DIAZ-BALART] was referring to. He them in Congress. The gentleman from Massachusetts [Mr. FRANK]. called the lawsuit, by the way, to show California [Mr. THOMAS] and the Re- Mr. FRANK of Massachusetts. Mr. his respect for this institution: The publican leadership seem to have for- Speaker, we should be very clear on United States of America versus the gotten that. They are trying to deny what this resolution says. It forth- House of Representatives. The judge voters their choice through an out- rightly demands that the United States threw out the lawsuit, but there was an rageous campaign of harassment attorney do whatever he thinks he agreement that a civil process would be against the gentlewoman from Califor- ought to do. Now, I did not realize that a way to go forward. What we are say- nia [Ms. SANCHEZ] and half a million we had become the paymasters of the ing here is, we will prosecute these peo- Americans. U.S. Government. Apparently this is ple criminally in the middle of their The committee has abandoned its kind of a bed check on the U.S. Attor- appeal process. proper role to evaluate evidence and ney. It demands, it does not rec- Now, I have to say that is what we has assumed the role of partisan pros- ommend, it demands, that he do what- originally demanded. We should come ecutor. They say they are simply look- ever is appropriate. back to what happened. Because of the ing for information, but according to I guess, if that is all the majority has gentleman from Florida [Mr. DIAZ- many press accounts, the Republican to do with its time, that may be a bet- BALART], my colleagues have backed leadership has already decided the case ter way to take up time than others, off, and are now, with a very silly reso- in favor of Mr. Dornan. but I think we ought to vote against lution, demanding that the man do his The committee appears willing to go the resolution anyway. job, but the context makes it worthy of to any extreme. The gentleman from In the first place, it is kind of a silly defeat. California [Mr. THOMAS] even directed precedent to set; not a bad precedent, Mr. Speaker, maybe my colleagues the INS to comb through the records of but a silly one, and understand, that is will amend the resolution again while I 40 million Americans, trying to dredge what the resolution does. It demands am speaking, but I just again want to up private information that somehow that he do what he thinks is appro- point out, conservatism ought to be could be used to support Mr. Dornan’s priate. some consistency to principle. I want wild allegations. Of those 40 million I suppose we could offer an amend- to make a point, by the way. People Americans, half a million were singled ment that we demand that he not do talk about the McCloskey-McIntyre out for further investigation. Of these, what he thinks is inappropriate, and election. As a Democrat, I voted not to 50 percent were Hispanic, 30 percent we might also demand that if he is un- seat Mr. McCloskey. I thought he was a were Asian. decided, that he make up his mind. I great Member, but I was not sure he Now, who are the actual people sin- mean, why pull any punches. I also, won that election. No, I do not believe gled out as suspicious? Let us take a however, want to argue for letting the you to be partisan, but I think to deny look. Mr. Dornan claims Carmen Villa U.S. Attorney make the determination this group the right to their civil ap- was not entitled to vote because she that they should not go forward. peal is a grave error. H8248 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The Republicans recently, in an cally is a normal period of time for count, some more than 900 votes. I amendment passed earlier today, de- civil litigation, which can be 4 and 5 think it is horrendous. cided that the constitutional doctrine years and so on. Let us defeat this resolution. Let us of standing does not mean anything be- I think we are doing the right thing let the gentlewoman from California cause we want to get at statistical here by drawing the attention of the [Ms. SANCHEZ] serve. She has been cas- sampling in the census. In the Commit- Justice Department and the U.S. At- tigated and harassed enough. What is tee on the Judiciary today they de- torney’s office to the issuance of a at stake is this institution. Will we cided to have the Federal courts fur- valid subpoena, something that has allow an election won by some 900, ther involve themselves in zoning mat- been litigated in district court, as you nearly 1,000 votes, be overturned by ters because of property rights. point out, Hermandad lost, they tried constant, constant harassment? The notion that conservatism stands to resist the subpoena, and at this This House of Representatives has consistently for a set of legal prin- point Congress, in support of our own authorized over $300,000 in legal fees for ciples is being thrown out the window process, the Federal Contested Elec- this witch hunt. I would much rather with such rapidity that passersby prob- tions Act, and it would not matter if see that in senior meals, senior serv- ably ought to be warned. Yes, I think it this were the Democratic Congress in ices and health services. We have to is a good thing that my colleagues control and so on, it would be the same rise up in a bipartisan way. This must backed off on the resolution and that it story. come to an end. Let us defeat this reso- lution. Let the gentlewoman from Cali- no longer demands, it no longer makes b 2130 any sense, but given the context in fornia [Ms. SANCHEZ] serve her con- which it came forward, I think we We ought to stand behind the legal stituents in the 46th district. She has ought to vote ‘‘no.’’ process, both of this Congress and of accumulated over $500,000 in expenses. Mr. SOLOMON. Mr. Speaker, hesitat- the Federal courts. Are we really a Congress for the peo- ing to respond, let me yield 2 minutes Ms. SLAUGHTER. Mr. Speaker, I ple? Let us get back to the business of to the gentleman from California [Mr. yield 30 seconds to the gentleman from American citizens. Let us get to the COX], a very distinguished member that Massachusetts [Mr. FRANK]. work of jobs and industrial health for used to work for the Reagan adminis- Mr. FRANK of Massachusetts. Mr. our people in this country. Let us de- tration, to respond to Mr. FRANK. Speaker, in the first place, there was feat this resolution. Let the gentle- Mr. COX of California. Mr. Speaker, I not a subpoena issued by the commit- woman from California [Ms. SANCHEZ] thank the gentleman, and appreciating tee. They are looking for these facts get back to work, and let us go about fully the arguments just advanced by the way they think. But here is the the business of building America. my colleague from Massachusetts and problem. We are talking about private Ms. SLAUGHTER. Mr. Speaker, I former law school classmate, if there is citizens, Hermandad. They cannot be yield 2 minutes to the gentlewoman just one Federal district judge that has forced, I think, to give up their con- from Texas [Ms. JACKSON-LEE]. Ms. JACKSON-LEE of Texas. Mr. ruled here, then we ought not to listen stitutional rights for the convenience Speaker, I thank the gentlewoman for to the Federal courts when he ruled of this House’s process. What the gentleman is saying is yielding time to me. that a subpoena is not validly enforce- Mr. Speaker, I think this is a day these people who are asserting their able and what really matters is that that we need to focus on the facts. The constitutional right to privacy should people be given time to appeal, then facts become as clear as day if we be put under the threat of criminal one would think that we would not would just open our eyes. That is that prosecution, and I am saying no, they hear from the gentleman, that this neither the committee nor the Repub- have a right as a citizens’ group to thing has got to be over and shut down, lican Orange County District Attorney their full appeal process. The gentle- that we cannot have an investigation, nor California State officials have ever man’s insistence on subjecting that it is taking too long. substantiated that one single vote has However, there are two simultaneous Hermandad to criminal prosecution, been fraudulently cast in this election. arguments. One is, this investigation cutting off their right of appeal, seems Then what is the issue, Mr. Speaker? should be dropped, it has not turned up to me unfortunate, no matter how con- The issue may be the Republicans have anything after all of these months. The venient it might be for this House. had an 8-year history in southern Cali- other is, we have litigated this through Ms. SLAUGHTER. Mr. Speaker, I fornia of intimidating Latino voters at the district court and lost, but we de- yield 2 minutes to the gentlewoman the polls; that they have paid to settle serve an opportunity now to litigate from Michigan [Ms. KILPATRICK], a two voting intimidation cases, one further and appeal. If you get to appeal member of the committee. from 1988, in which the Orange County and argue some more, even though you Ms. KILPATRICK. Mr. Speaker, I do Republican Party literally placed secu- have already lost in Federal district not want us to lose sight of why we are rity guards at the voting polls in His- court, obviously that consumes weeks here. Let us concentrate on that. panic neighborhoods, with signs de- and months and so on, and meantime, I rise in opposition to this resolution, signed to scare Hispanic voters, and the subpoena issued under the Federal after having sat on that committee for the other case in 1989. Contested Elections Act is not hon- now nearly 10 months. They do not These efforts are not limited to Cali- ored, the documents are not returned, have the evidence. If they had it, they fornia or to Hispanic voters. In Bergen the investigation cannot go forward, it would bring it forth. The subpoena has County in New Jersey, in 1996, Repub- is stalled. been issued and this organization has licans distributed a flyer in black pre- So pick your arguments. Either say complied. Members might not know cincts stating that dire consequences we are going to have more time for this that in January, the District Attorney would follow for anyone who tried to investigation because we need to wait in California drove a truck up to vote who owed money, was guilty of for the Court of Appeals to rule on the Hermandad and seized their records, misdemeanors, or any other number of validity of the subpoenas, or say we are everything; computers, files. They did possibilities. in a rush and therefore the way the dis- a sweep of their hard drive. Members The real issue is that Republicans do trict court has ruled has to be adequate might not also know that on August 17 not want to place themselves in here, and let us go and enforce the sub- those same records were turned over to Hermandad’s shoes. There are no more poena based on the district court rul- our committee. They have the records. files, as have been represented. If there ing. Use the records, if they have them. And are, this organization has the right, Obviously, we cannot walk north and if there was something to be found, be- the absolute right, to pursue its con- south at the same time, but we are try- lieve me, this House of Representatives stitutional remedy. Just imagine if we ing to get this done in a hurry. The would have found it. would put a siege upon other citizens Federal Contested Elections Act con- Let the gentlewoman from Califor- who are in the process of pursuing templates that we would decide this in nia, Ms. LORETTA SANCHEZ, go. She won their constitutional rights, yet we in what we would consider to be real the election by over 900 votes. She has this body would insist that we want to time, that is, an election cycle, rather been certified by the Republican Sec- instruct the U.S. attorney to imple- than what in the Federal courts typi- retary of State. She has won in the re- ment a criminal procedure to deny September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8249 someone their constitutional right? Is the authority on the part of Congress ously, during debate on the resolution, it because they have a Hispanic-sound- to issue subpoenas, so the committee I believe when I describe Hermandad, it ing name that they can be subject to took care of this. They issued him the will be a slightly different organization this kind of attack and abuse? authority to issue subpoenas. than has already been explained. These I think the Republicans need to rec- Mr. Speaker, what a shame on this people have violated the law. The Fed- ognize if they have something, get to country to see that happening in this eral and the State government has re- the floor of the House and deal with it. day, when we have a young Hispanic voked their charters. They have taken If they have nothing, allow the gentle- woman who has given of herself to money from them. These people are woman from California, [Ms. LORETTA come forward to serve her country. criminals. What we are trying to do is SANCHEZ], to maintain her position and What kind of message does this give to find out the extent of their activity. represent her constituents. Turn down the other young Hispanic women in We need to have as many subpoenas as this rule and allow Americans to be- this country? What kind of message possible. lieve in this country once again. does it give to all young women in this This resolution, after this rule Ms. JACKSON-LEE of Texas. Mr. Speaker, country? Come forward, and we will passes, is not about the gentlewoman I rise in opposition to the rule on House Reso- just whittle away the votes that you from California [Ms. LORETTA lution 244, which demands that the Justice have so that we can take your seat. SANCHEZ], it is not about Bob Dornan. Department file criminal charges against Mr. Dornan is receiving an authority It is about people obeying the law, and Hermandad Mexicana Nacional for failing to that I know I would not receive. I know it is about the House of Representa- comply with a subpoena issued by Represent- that as a black woman, if I came before tives demanding that the law be ative Bob Dornan. Late last night the Rules this committee, they would never give obeyed. That is what it is about. Committee recommended a closed rule which me a chance to subpoena anything. Ms. SLAUGHTER. Mr. Speaker, I blocks all amendments to the resolution. It is They would send me back to where I yield 30 seconds to the gentleman from an outrage that the committee would allow came from. They would never give me California [Mr. BECERRA]. such a resolution to come to the floor and an a chance. It is constitutionally wrong, Mr. BECERRA. Mr. Speaker, I thank even further outrage to recommend a closed it is logically wrong, and it is morally the gentleman for yielding me the rule. wrong. time. Representative SANCHEZ was elected to the But do we want to stick with morals? I hope we are very careful how we use House of Representatives in November 1996 Do we want to allow this young His- words on this House floor. When we from the 46th District of California. Since that panic woman to stand before this coun- talk about criminals, that means some- time, she has been besieged by attacks from try, to say this Congress gave me a one has in a court of law been con- former Representative Bob Dornan as he at- chance just because some male was de- victed. The gentleman from California tempts to prove that his defeat last fall was feated in California by 900 votes? She [Mr. THOMAS] just referred to individ- the result of voter fraud, not the will of the won. That is not the worst of it. She is uals who are under investigation. people. going to win again when she comes up, There are a lot of folks that sit on this Like the entire election contest, this resolu- and they are not going to take it away House floor who are under investiga- tion is about politics, pure and simple. Con- from her. tion, but we do not call them crimi- gresswoman LORETTA SANCHEZ has fully com- Mr. SOLOMON. Mr. Speaker, I yield 2 nals. plied with requests for information relating to minutes to the gentleman from Califor- Mr. Speaker, I would just urge that voter registration, organizations relating to nia, Mr. BILL THOMAS, the distin- all of us during this debate be reason- voter registration and absentee balloting. She guished chairman of the Committee on able, and understand that when we has objected only when those subpoenas be- House Oversight. refer to things, we use accurate words came so intrusive as to demand access to her Mr. THOMAS. Mr. Speaker, I thank to describe what is going on. It is not personal financial data. Further, the constitu- the gentleman for yielding me the accurate to say that there are crimi- tionality of the subpoenas under the Federal time. nals. There are people under investiga- Contested Elections Act was decided only last Mr. Speaker, I will try to explain tion. In this country, you are innocent week. The House should, therefore, at the some of the arguments that have been until proven guilty. very least allow Hermandad a reasonable pe- made, because frankly, they have been Mr. SOLOMON. Mr. Speaker, I yield 1 riod from the time of the court's decision to re- factually wrong. I do not want anyone minute to the gentleman from Califor- spond. who is listening to the debate to be- nia [Mr. THOMAS]. I could not agree more strongly that allega- lieve that the statements that have Mr. THOMAS. Mr. Speaker, I thank tions of voter fraud must be vigorously pur- been made, because they are not chal- the gentleman for yielding me the sued and, when found meritorious, pros- lenged, means that they are correct. time. ecuted. However, in this instance, 10 months They are not. The Los Angeles Times, May 22, 1997, and more than $300,000 in taxpayer's money Mr. Speaker, the Orange County dis- I quote, ‘‘In an apparent violation of have been spent, and yet no evidence of fraud trict attorney subpoenaed the Federal and State tax laws, Hermandad has been presented. To this day, no oneÐnot Hermandad records, but as we know, was also found in the audit to have the committee, not the Republican Orange when that subpoena is used as a crimi- spent $107,184 that it withheld from its County District Attorney, and not California nal subpoena there is a fourth amend- employees’ wages to satisfy Federal in- State officialsÐhas substantiated that a single ment search and seizure right, so you come taxes. Its director admitted that vote has been fraudulently cast in this elec- have to specify exactly what it is that withholding the taxes was against the tion. you need. As a matter of fact, the Or- law.’’ Mr. Speaker, the U.S. House of Representa- ange County district attorney has indi- Ms. SLAUGHTER. . Mr. Speaker, I tives must not become a partner to Mr. Dor- cated that not all of the records and yield 2 minutes to the gentleman from nan's desperate charges. It is beneath the dig- not all of the materials were obtained New Jersey [Mr. PALLONE]. nity of this body. I urge my colleagues to join with the subpoena that he placed. Mr. PALLONE. Mr. Speaker, I have me in saying enough is enough and to oppose The reason that the committee listened to my Republican colleagues, the rule to House Resolution 244. placed a subpoena on top of the Orange and they use very sinister language. Ms. SLAUGHTER. Mr. Speaker, I County district attorney’s subpoena They try to give the impression that yield 2 minutes to the gentlewoman was that that subpoena was being chal- those of us on this side are the ones, from Florida [Mrs. MEEK]. lenged. We wanted to make sure that that the people that voted for the gen- Mrs. MEEK of Florida. Mr. Speaker, I those records were not lost. There are tlewoman from California [Ms. LORET- thank the gentlewoman for yielding additional records out there. This sub- TA SANCHEZ] are all illegals or crimi- time to me. poena, under the civil section of the nals, I think I heard the term, or other- Mr. Speaker, I stand today to ask statute, can obtain that additional ma- wise badly motivated people. this Congress, which I hope is a fair terial. This sinister language borders on Congress, to defeat this rule and the Our job is to get to the bottom of it. racism. I have to say that, because it resolution. There is no precedent in the We want to know everything that really concerns me. They claim, they Constitution for someone to receive Hermandad was involved with. Obvi- claim to be so self-righteous, but they H8250 CONGRESSIONAL RECORD — HOUSE September 30, 1997 are the ones that are seeking to tear up whether or not there was criminal mis- sure she has done a remarkable job, the Constitution here tonight in this behavior. Let that process go forward. and I want to commend her. This is House of Representatives that we value Let us have the kind of proper inquiry not, to me, about Bob Dornan. To me, so much. They know that the gentle- that we have always had into these it is not about Democrats at all and it woman from California [Ms. SANCHEZ] kinds of election situations, to find out is not about Republicans at all. was duly elected and certified by the what has happened. Let us not give the To me, this issue is about the possi- State of California. appearance of harassing innocent, law- bility that illegal votes may have de- What gives the Republican leadership abiding Hispanic Americans because termined the outcome of a Federal the right to overturn her election? Be- they have chosen to vote. Let us not election in our country. That is the cause they are the majority here in bring this body into discredit by the issue before us. This is not about some- Washington? If the majority here de- kind of behavior in which we are en- body that misplaced some ballots. This termines what happens in Orange gaging. is not about a mistake of interpreting County, CA, then we have the worst I would tell my Republican col- counts. This is about the possibility of form of tyranny that the Founders of leagues, with all respect and with all illegal votes corrupting a Federal elec- this country sought to guard against in affection, what it is that you are doing tion. Congress must not allow a prece- the Constitution. tonight is sowing a terrible wind. And dent to be set tonight that would allow This is an effort to intimidate voters, you will reap the whirlwind, because it the Federal election process to be cor- specifically Hispanic voters. Repub- is not just going to be the fact that you rupted or give the impression that we licans want Hispanic and other minor- bring discredit on this body by the be- have soft-pedaled that possibility. ity voters to stay home at election havior that I am seeing before me to- In my opinion, any individual or or- time. night or what I have seen in connection ganization that has information or evi- I listened to what the gentlewoman with your loose use of the subpoena dence in this matter should be com- from Texas [Ms. SHEILA JACKSON-LEE] and the enforcement process of this pelled to comply. If the Justice Depart- said. I remember that election in New body. What is happening here is, you ment does not pursue it, then, by God, Jersey when those warnings were put are creating further distrust and dis- Congress shall demand it. Congress up at the polling places, and I saw respect for this body. must ensure enforcement. The Con- armed guards in camouflage and guns, It is going to have a bad effect on stitution requires it. The amount of il- I do not know if they were real guns, each and every one of us, whether we legal votes cast in this election must but they tried to give the impression are Democrats or Republicans, but it is be carefully sought out; the exact nu- that they had guns, because they did going to do something worse than that. merical count must be known to Con- not want minorities to vote. It is going to do it to you, I would say gress. Mr. Speaker, what is going on here is to my Republican colleagues, because Let me say this: If there is any prece- not right. It needs to end. Let us start citizens all of a sudden are going to re- dent to be set in the House of Rep- right now by defeating this rule and de- alize that elections are not about fight- resentatives tonight, it should be a feating the underlying resolution. This ing out the issues in an honorable and precedent that preserves the integrity resolution is nothing but a hoax to try a proper way and having an intelligent of the election process. Let me say one to hide what they are really trying to discussion of what it is that concerns other thing. The ox that may seem to do here, and that is steal this election the people, whether they be Hispanics, be gored tonight is an ox different than from the voters of Orange County and minority members, or whatever they what we see that might be gored to- the American people. might happen to be, but rather, it is morrow. Ms. SLAUGHTER. Mr. Speaker, I win at any cost, win with any device, I support the rule. I support the bill. yield 2 minutes to the gentleman from use the powers of this body to elect I believe the gentlewoman from Cali- Michigan [Mr. DINGELL]. somebody who was clearly not elected fornia [Ms. SANCHEZ] has done a re- (Mr. DINGELL asked and was given by a fair election and who was clearly permission to revise and extend his re- markable job, but the taint of her elec- not elected by any vote of the people. tion must be removed and Congress marks.) And what you are giving the appear- Mr. DINGELL. Mr. Speaker, I have must ensure, whether it is a Democrat ance of what you are seeking to do is or a Republican or any other party or served here for 41 years and more. I to eject a legitimately elected Member an independent Member, that their have seen an awful lot of these kinds of of this body. rights are protected and that election challenges of elections. I never saw one People are going to remember this. like this. I have never heard charges of Be prepared to reap the whirlwind. You and the integrity of that process is crime made about what appears at this deserve it. worthy of an individual being seated in time, at least, to be reasonably inno- Mr. SOLOMON. Mr. Speaker, two this body. cent behavior with regard to the elec- quick points to the departing gen- Ms. SLAUGHTER. Mr. Speaker, if I tion process. I have never seen subpoe- tleman: I would hate to see the action could take just a second to correct nas delegated in such an outrageous he would take if a subpoena by his what I think is a grave injustice here, fashion by a committee of this body to committee were not answered. Second, the comment has been made several a single individual, to be hurled around I hate to see Members bring up this times this evening that these were like confetti in a parade. business about stealing elections. My committee subpoenas. I think it needs I have never seen the kind of behav- good friend and a gentleman I respect to be pointed out once again, these ior that brings, I think, this House into from Michigan was here in 1985 when were given by a private citizen, Mr. such low esteem. It gives every appear- there was a stolen election, and every- Robert Dornan of California. ance that what we are doing is not in- body knows it. Mr. Speaker, I yield 1 minute to the quiring into an election, but rather, Mr. Speaker, I yield 3 minutes to the gentleman from Wisconsin [Mr. OBEY]. that we are harassing a woman who is gentleman from Poland, Ohio [Mr. Mr. OBEY. Mr. Speaker, what is hap- of obvious good character and integ- TRAFICANT], another respected Member pening here tonight is enough to give rity, who has been certified as having of this body. abuse of power a bad name. This act been duly and properly elected. (Mr. TRAFICANT asked and was brings only one question into my mind: This proceeding tonight and the given permission to revise and extend Does this body still believe in the bib- other proceedings that have been asso- his remarks.) lical admonition, ‘‘Thou shalt not ciated with this give a very bad appear- Mr. TRAFICANT. Mr. Speaker, I steal?’’ All I have to say about what ance with regard to this body. I would think this is an important debate. I be- you are about to do tonight is shame, think my colleagues on both sides lieve it is a needed debate. There are shame, shame, shame, shame. would be embarrassed by what it is we Members on the Democrat side of the Mr. SOLOMON. Mr. Speaker, I yield 1 are seeing happening tonight. aisle who will not like what I have to minute to the gentleman from Arizona say, and I will not explain it later, I [Mr. HAYWORTH]. b 2145 will explain it now. Mr. HAYWORTH. Mr. Speaker, I We have a criminal process going on To me, this is not about LORETTA thank my colleague from New York for out there in California to inquire into SANCHEZ. I believe under heavy pres- yielding me the time. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8251 With all due respect to my colleague Or, third, perhaps it is just a down- Ms. SLAUGHTER. Mr. Speaker, I re- from Wisconsin, putting personalities right honest attempt to intimidate serve the balance of my time. aside, dealing strictly with law, if this voters, in this case Latino voters, who Mr. SOLOMON. Mr. Speaker, I yield 2 House of Representatives fails to take are now beginning to vote. Perhaps you minutes to the very distinguished gen- action to live up to the Constitution do not like that they are beginning to tleman from California [Mr. HUNTER]. and the letter of the law, then shame, vote. b 2200 shame, shame, shame on this House Regardless of what the intent is, and this process. there is a message that you are send- Mr. HUNTER. The rule of law, my Ms. SLAUGHTER. Mr. Speaker, I ing, whether you like it or not. It is to colleagues, it is the most precious yield 1 minute to the gentleman from folks like my parents. My father was thing that we have, and perhaps the California [Mr. FARR]. born in this country but speaks broken most precious rule is that we vote and Mr. FARR of California. Mr. Speaker, English and probably falls within the the person with the most votes wins. the question here tonight is why, why category of folks you want to go after. And sometimes it means for us, in fact, are we doing this? The American public My mother was not born in this coun- at times during all of our careers, we knows the results of last November’s try, speaks better English than my fa- have agonizing defeats. The winner elections. Look at those elections. ther, and is a U.S. citizen of this coun- that has a victory sometimes goes on There were six elections that were less try, and she probably is on that list of from that victory to a defeat fairly than 1,000 votes. But look at the names that you are now disclosing, vio- shortly thereafter, but it is the central names: FOX, TIERNEY, SMITH, SMITH, lating her privacy rights in the process part of our democracy. It is the heart BROWN, and, guess what, one SANCHEZ. of doing so. of our democracy. Why were not the elections where You are sending a message to these We had a group which took immi- there was only 84 votes difference con- folks. You are telling them you do not grants who were trying to become nat- tested? Why was not the election of the want them to participate, you do not uralized citizens and registered and gentleman from Massachusetts [Mr. care about what they do, you do not voted those immigrants knowing that TIERNEY] contested? He lives close to value their worth as citizens. they had not yet raised their hands and the Canadian border. Perhaps some I will just say this: Remember this, become citizens of the United States. people who speak English crossed over because the message will be sent. I will And from that group we want to get the border and voted for him. Why were say, as I conclude, I do not need to talk more information. That is absolutely not the Smiths and the Browns chal- to my parents about this vote. They appropriate. lenged? This is a challenge to LORETTA will be watching. And just like my par- I remember during the Contra wars SANCHEZ, a Latino woman. ents will be watching, there will be a of the 1980’s, when we tried to export The State of California’s secretary of lot of other folks who, for the first this precious thing called democracy to state certified her election. She is of time in 1996, had a chance to vote. El Salvador and the guerrillas tried to the people, by the people, and for the Some of them voted for LORETTA stop the elections, we had one woman people. Do not abuse that. SANCHEZ. Some of them may have even waiting in line who actually had a bul- Ms. SLAUGHTER. Mr. Speaker, I let wound in her arm, and she would yield 2 minutes and 30 seconds to the voted for Bob Dornan. But they will re- not leave the line to get medical aid gentleman from California [Mr. member what this House of Represent- because she said, ‘‘I must vote. I must BECERRA]. atives is doing, because you certainly (Mr. BECERRA asked and was given are not out to get a conviction, you are participate in this democracy.’’ permission to revise and extend his re- not out to get a criminal investigation, All we want to see is who got the marks.) but you are certainly out to get the most votes. We can do no more and we Mr. BECERRA. Mr. Speaker, I thank hides of people who have participated should do no less for our country. the gentlewoman for yielding me this in this American process. That is Ms. SLAUGHTER. Mr. Speaker, I time. wrong. yield 30 seconds to the gentleman from Let me begin by first saying, as I Mr. SOLOMON. Mr. Speaker, I yield 1 North Carolina [Mr. HEFNER]. think has been repeated often on my minute to the distinguished gentleman Mr. HEFNER. Mr. Speaker, I want to side, this resolution has no effect. The from California [Mr. CAMPBELL]. respond to my good friend from Cali- founders of this country, in drafting (Mr. CAMPBELL asked and was fornia [Mr. CAMPBELL], and I challenge the Constitution, made it clear that we given permission to revise and extend any Member in this House that has the as politicians have no role of telling his remarks.) certificate from the Secretary of State the Department of Justice how to pros- Mr. CAMPBELL. Mr. Speaker, I am certifying that there was no fraud in ecute. very sorry to have heard what I have their election. When I got my certifi- We cannot demand that they pros- heard tonight, because the references cation from the Secretary of State, it ecute, and I thank the gentleman from to race and gender are not what con- did not specify that there might not Florida for making it clear, with the cern me. What does concern me is fair- have been some fraud in my election. amendment that we have all accepted, ness, and the investigation of the hon- Mr. CAMPBELL. Mr. Speaker, will that we cannot do anything with this est outcome of an election should con- the gentleman yield? resolution. It is just posturing. If we cern all of us. Mr. HEFNER. I yield to the gen- cannot do anything with this resolu- The certification by the secretary of tleman from California. tion, what are we really doing? state is not a certification that there Mr. CAMPBELL. Mr. Speaker, my I think there are probably three was no fraud. We know that. The mat- statement was that the certification by things that we can say are behind this ter deserves to be investigated. It does the Secretary of State was not a cer- particular resolution and its intent. Ei- not deserve to be trivialized and to be tification that there was an absence of ther it is an intent to bootstrap this said that we are simply doing what we fraud. It is a certification of the nu- electoral investigation that we know is do because of racial motivation. What merical outcome of the election. going nowhere and perhaps to justify, a sad comment when our attempts to Mr. HEFNER. Mr. Speaker, reclaim- and I want to say it now on the record, enforce the law, to enforce the preroga- ing my time, I would say to the gen- perhaps to justify in the future some tives of our constitutional office, are tleman that the gentlewoman from action by this House to possibly vacate taken instead to mean that we are act- California’s certificate was a certifi- the seat of the gentlewoman from Cali- ing in a racially motivated manner. cation that she got more votes than fornia [Ms. SANCHEZ] using this as an The statute says that failure to abide anybody else, and fraud was not men- excuse for being able to do that. by a subpoena is a misdemeanor. We tioned. Second, as many are whispering, draw attention to the United States Mr. CAMPBELL. Mr. Speaker, if the maybe, as some have said, maybe it is Attorney for the Central District of gentleman will continue to yield, I payback time for 1985, because Repub- California of this violation, and we ask stand by what I said. licans feel that there was an election that he proceed pursuant to the deter- Ms. SLAUGHTER. Mr. Speaker, I stolen in 1985. So if that was a wrong, mination that he would make or she yield the balance of my time to the maybe two wrongs will make a right. would make. It is a sorry day. gentleman from Maryland [Mr. HOYER]. H8252 CONGRESSIONAL RECORD — HOUSE September 30, 1997 The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Without GILLMOR). The gentleman from Mary- tleman from Texas [Mr. BONILLA] is objection, the previous question is or- land [Mr. HOYER] is recognized for 23⁄4 recognized for 21⁄2 minutes. dered on the resolution, as amended. minutes. (Mr. BONILLA asked and was given The question was taken; and the Mr. HOYER. Mr. Speaker, this is an permission to revise and extend his re- Speaker pro tempore announced that important resolution. The outcome of marks.) the noes appeared to have it. this vote tonight on this resolution Mr. BONILLA. Mr. Speaker, the de- Mr. THOMAS. Mr. Speaker, on that I will not decide the Sanchez-Dornan bate tonight started out on the high demand the yeas and nays. case. It will, however, be a statement road, and I was highly impressed and The yeas and nays were ordered. as to whether or not we are going to glad to see Members that are opposed The vote was taken by electronic de- proceed in a fair, judicial manner. I to this resolution standing up and ar- vice, and there were—yeas 221, nays agree with the gentleman from Califor- guing the validity of this case on its 202, answered ‘‘present’’ 1, not voting nia, that is the way we ought to pro- merits. I even had a tremendous 10, as follows: ceed. amount of respect and watched with [Roll No. 477] The gentleman from Massachusetts great attention when the gentleman YEAS—221 observed what has happened with this from Wisconsin [Mr. OBEY], my col- Aderholt Gekas Packard resolution. In the first instance, the league on the Committee on Appropria- Archer Gibbons Pappas committee proposed the harshest reso- tions, stood up and got very emotional Armey Gilchrest Parker lution it could ascribe, demanding that to tell us that he disagreed strongly Bachus Gillmor Paul Baker Gilman Paxon a U.S. citizen be indicted for crimes with what we were doing tonight. Ballenger Gingrich Pease while under investigation by another But then the debate deteriorated to Barr Goodlatte Peterson (PA) body, the district attorney. My col- those who choose to play the race card, Barrett (NE) Goodling Petri leagues, that would not wash. It would when it is inappropriate, when they Bartlett Goss Pickering Barton Graham Pitts not even wash with the majority of the know they have lost other merits in Bass Granger Pombo majority party, and so that resolution their argument. That is unfortunate. Bateman Greenwood Porter was rightfully changed, and we did not Three of my four grandparents emi- Bereuter Gutknecht Portman grated here from Mexico at the turn of Bilbray Hansen Pryce (OH) object to that change. Bilirakis Hastert Quinn The title was not changed. It still de- the century to seek a new life for their Bliley Hastings (WA) Radanovich mands that the U.S. attorney seek children and grandchildren. They did Blunt Hayworth Ramstad criminal action against a citizen who not come here to set up an isolated so- Boehlert Hefley Redmond Boehner Herger Regula has, as we have pointed out, still his ciety within this country. They came Bonilla Hill Riggs and the organization’s constitutional here to be Americans first and to be- Bono Hilleary Riley rights to contest the validity of the come part of the melting pot of this Brady Hobson Rogan subpoena that is pending. country that stood for certain values Bryant Hoekstra Rogers Bunning Horn Rohrabacher This resolution I have called precipi- that all of us could benefit from re- Burr Hostettler Ros-Lehtinen tous. I believe it is. In response to the gardless of what country we came Burton Hulshof Roukema gentleman from Florida [Mr. DIAZ- from. Buyer Hunter Royce This country has prospered greatly Callahan Hutchinson Ryun BALART] yesterday, I said that what we Calvert Hyde Salmon ought to do, if we feel this way, is because of the great immigration that Camp Inglis Sanford write a letter to the U.S. Attorney and we have seen from every part of the Campbell Istook Saxton say we think that he ought to take the world. We should all be proud of that. Canady Jenkins Scarborough Cannon Johnson (CT) Schaefer, Dan appropriate action because the sub- To see Members tonight talk about Castle Johnson, Sam Schaffer, Bob poena has not been responded to. racism is totally unjustified and they Chabot Jones Sensenbrenner My colleagues attempt to adopt my should be ashamed of themselves for Chambliss Kasich Sessions suggestion by adopting language which doing that. Chenoweth Kelly Shadegg Christensen Kim Shaw now says that we demand, as the gen- Members cannot tell me this is rac- Coble King (NY) Shays tleman from Massachusetts [Mr. ism. I grew up in a barrio, in a Spanish- Coburn Kingston Shimkus FRANK] pointed out, that pursuant to speaking neighborhood in South Texas, Collins Klug Shuster Combest Knollenberg Skeen its determination, that is the U.S. At- always with a dream that someday I Cook Kolbe Smith (MI) torney’s office, that it is appropriate, would be able to aspire and work to- Cooksey LaHood Smith (NJ) according to the law and the facts. In wards the American dream. Cox Largent Smith (TX) other words, do what you think is The implication among those who Crane Latham Smith, Linda Crapo LaTourette Snowbarger right. cry racism is one that says if a burglar Cubin Lazio Solomon Do we go around passing resolutions broke into their home, that somehow Cunningham Leach Souder through the House of Representatives they should have a different standard if Davis (VA) Lewis (CA) Spence Deal Lewis (KY) Stearns demanding that people do what they the person is of a different color or eth- DeLay Linder Stump think is right when we know, my friend nic background. How dumb an idea can Diaz-Balart Livingston Sununu from California, the gentleman talks that be? We are talking about people Dickey LoBiondo Talent about the sanctity of a vote, the sanc- who are possibly implicated in crimes Doolittle Lucas Tauzin Dreier Manzullo Taylor (NC) tity of the Constitution is something here. This Hermandad Mexicana Duncan McCollum Thomas we are all sworn to preserve and pro- Nacional, or whatever they call them- Dunn McCrery Thornberry tect, and it accords to every citizen selves, is one of the most corrupt orga- Ehlers McHugh Thune Ehrlich McInnis Tiahrt that when the government moves nizations that has ever existed that is Emerson McIntosh Traficant against him or her that they have a receiving Federal money. English McKeon Upton right to go to the courts of this land We are trying to get to the truth of Ensign Metcalf Walsh and say ‘‘I need not respond.’’ this. This has nothing to do with the Everett Mica Wamp Ewing Miller (FL) Watkins Let us not put the House of Rep- gentlewoman from California [Ms. Fawell Moran (KS) Watts (OK) resentatives in a position prematurely SANCHEZ] or Mr. Dornan. And if the Foley Morella Weldon (FL) of demanding the denigration of that gentlewoman comes out winning this Forbes Myrick Weldon (PA) absolute constitutional right. Vote election after this investigation is fin- Fowler Nethercutt Weller Fox Neumann White ‘‘no’’ on this resolution. Vote ‘‘no’’ on ished, I will be the first to congratulate Franks (NJ) Ney Whitfield the final resolution. her on her victory. Frelinghuysen Northup Wicker Mr. SOLOMON. Mr. Speaker, I yield This is about justice, this is about Gallegly Norwood Wolf the balance of my time to the gen- finding out the truth. That is what all Ganske Nussle tleman from San Antonio, Texas Mr. Americans want in every corner of the NAYS—202 HENRY BONILLA, one of the most re- country, and I urge all Members to sup- Abercrombie Andrews Barcia spected Members of this body, in my port this resolution and the resolution Ackerman Baesler Barrett (WI) mind. tomorrow as well. Allen Baldacci Becerra September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8253

Bentsen Hamilton Neal SUBPOENA ENFORCEMENT IN THE Connecticut [Mr. GEJDENSON] each will Berman Harman Oberstar Berry Hastings (FL) Obey CASE OF DORNAN VERSUS control 30 minutes. Bishop Hefner Olver SANCHEZ The Chair recognizes the gentleman Blagojevich Hilliard Ortiz Mr. THOMAS. Mr. Speaker, pursuant from California [Mr. THOMAS]. Blumenauer Hinchey Owens to House Resolution 253, I call up the Mr. THOMAS. Mr. Speaker, I yield Bonior Hinojosa Pallone myself such time as I may consume. Borski Holden Pascrell resolution (H. Res. 244) demanding that Mr. Speaker, it was contended earlier Boswell Hooley Pastor the Office of the United States Attor- Boucher Hoyer Payne that this resolution really does not ney for the Central District of Califor- Boyd Jackson (IL) Pelosi make the Department of Justice do nia file criminal charges against Brown (CA) Jackson-Lee Peterson (MN) anything. Brown (FL) (TX) Pickett Hermandad Mexicana Nacional for fail- Of course we cannot, but what we can Brown (OH) Jefferson Pomeroy ure to comply with a valid subpoena Capps John Poshard do is express the will of the House in under the Federal Contested Elections Cardin Johnson (WI) Price (NC) terms of the direction that the Depart- Carson Johnson, E. B. Rahall Act, and ask for its immediate consid- ment of Justice should go, and as a Clay Kanjorski Rangel eration. Clayton Kaptur Reyes matter of fact we pass concurrent reso- The Clerk read the resolution, as fol- Clement Kennedy (MA) Rivers lutions all the time, and as a matter of lows: Clyburn Kennedy (RI) Rodriguez fact, we have passed some recently. Condit Kennelly Roemer H. RES. 244 Conyers Kildee Rothman For example, in the instance of the Costello Kilpatrick Roybal-Allard Whereas the contested election case of burning of churches in the South, the Coyne Kind (WI) Rush Dornan v. Sanchez is pending before the concurrent resolution stated that Con- Cramer Kleczka Sabo Committee; Cummings Klink Sanders Whereas the Federal Contested Elections gress hoped that the Department of Danner Kucinich Sandlin Act (2 U.S.C. 381 et seq.) (hereafter in this Justice would pursue with all vigor the Davis (FL) LaFalce Sawyer resolution referred to as the ‘‘Act’’) provides criminals and prosecute them. The res- Davis (IL) Lampson Scott for the issuance of subpoenas, and on March olution did not mean that the Depart- DeFazio Lantos Serrano DeGette Levin Sherman 17, 1997, United States District Court Judge ment of Justice was going to do it, but Delahunt Lewis (GA) Sisisky Gary L. Taylor issued such a subpoena at the we felt strong enough that the House DeLauro Lipinski Skaggs request of the Contestant for the deposition wanted to tell the Department of Jus- Dellums Lofgren Skelton and records of Hermandad Mexicana tice what we thought they should do. Deutsch Lowey Slaughter Nacional; Dicks Luther Smith, Adam Whereas on April 16 1997, the Committee What we are talking about in terms Dingell Maloney (CT) Snyder voted to modify the subpoena by limiting of asking the Department of Justice to Dixon Maloney (NY) Spratt look at is a direct violation of the law. Doggett Manton Stabenow production of documents to the 46th Con- Dooley Markey Stark gressional District (among other modifica- The Contested Elections Act says that Doyle Martinez Stenholm tions), and as perfected by the Committee, if someone does not honor a subpoena, Edwards Mascara Stokes the subpoena required Hermandad Mexicana they are deemed to be guilty of a mis- Engel Matsui Strickland Nacional to produce documents and appear Eshoo McCarthy (MO) Stupak demeanor, and we want the Depart- for a deposition no later than May 1, 1997; ment of Justice to enforce the law. Etheridge McCarthy (NY) Tanner Whereas Hermandad Mexicana Nacional Evans McDermott Tauscher failed to produce documents or appear for But probably in the greater sense, Farr McGovern Taylor (MS) this is actually the story of victims. Fattah McHale Thompson the deposition by May 1, 1997, and still has Fazio McIntyre Thurman not complied with the subpoena; There are two major groups of victims. Filner McKinney Tierney Whereas Hermandad Mexicana Nacional, Directly the first group of victims are Flake McNulty Torres by willfully failing to comply with the law- those documented aliens who placed Foglietta Meehan Towns fully issued subpoena, is in violation of sec- their trust in becoming citizens in the Ford Meek Turner tion 11 of the Act (2 U.S.C. 390), which pro- Frank (MA) Menendez Velazquez hands of an organization who betrayed vides for criminal penalties; Frost Millender- Vento their trust. Indirectly, there are vic- Whereas on May 13, 1997, the Contestant Furse McDonald Visclosky tims, and those are the citizens who Gejdenson Miller (CA) Waters wrote to the United States Attorney for the Gephardt Minge Watt (NC) Central Distract of California, Nora M. voted and trusted the authorities, us, Goode Mink Waxman Manella, requesting that action be taken to to make sure their votes were not di- Gordon Moakley Wexler enforce the law with respect to Hermandad luted unfairly and contrary to law. The Green Mollohan Weygand Mexicana Nacional, and on June 23, 1997, the group that betrayed the trust of docu- Gutierrez Moran (VA) Wise Committee wrote to the Department of Jus- Hall (OH) Murtha Woolsey mented aliens were people who were Hall (TX) Nadler Wynn tice inquiring as to the status of this request using government money, both Federal for criminal prosecution, and the Depart- and State, purportedly to assist docu- ANSWERED ‘‘PRESENT’’—1 ment responded on July 25, 1997, that the Sanchez criminal referral remain ‘‘under review’’; mented aliens to become citizens. Whereas the United States Attorney’s fail- The gentleman from Massachusetts NOT VOTING—10 ure to enforce criminal penalties for the vio- said that perhaps Hermandad should be Gonzalez Schiff Young (AK) lation of the Act encourages disrespect for looked at as a victim rather than the Houghton Schumer Young (FL) the law and hinders the Constitutionally individuals that I mentioned who are McDade Smith (OR) mandated process of determining the facts in Oxley Yates actually the real victims. Let us take a the contested election case, including the closer look at Hermandad. Tens of mil- discovery of any election fraud that may lions of dollars, taxpayer money, runs b 2229 have influenced the outcome of the election; and through this organization. They have Mr. OWENS changed his vote from broken both Federal and State law. ‘‘yea’’ to ‘‘nay.’’ Whereas on September 23, 1997, the United States District Court for the Central District According to a Los Angeles Times ar- So the resolution was agreed to. of California ruled that the deposition sub- ticle in February of this year, The result of the vote was announced poena provisions of the Act are constitu- Hermandad offered a 1996 Chevrolet as above recorded. tional: Now, therefore, be it Camaro to the winner of a lottery as an A motion to reconsider was laid on Resolved, That the House of Representa- inducement to register to vote. The the table. tives demands that the Office of the United winner of the lottery who registered to States Attorney for the Central District of vote through Hermandad was not a f California carry out its responsibility by fil- ing, pursuant to its determination that it is United States citizen. Although appropriate according to the law and the Hermandad is a tax-exempt organiza- PERSONAL EXPLANATION facts, criminal charges against Hermandad tion that is prohibited from participat- Mr. HINCHEY. Mr. Speaker, earlier Mexicana Nacional for failure to comply ing in partisan politics, subpoena today I was delayed en route to the with a valid subpoena issued under the Act. records show that Hermandad ran en- vote on Treasury-Postal appropria- The SPEAKER pro tempore (Mr. dorsements for political candidates in tions. If I had been in the House, I GILLMOR). Pursuant to House Resolu- its newspapers. It also, through its would like the RECORD to reflect that I tion 253, the gentleman from California State-funded computers, tracked over would have voted in the affirmative. [Mr. THOMAS] and the gentleman from $700,000 in campaign contributions, H8254 CONGRESSIONAL RECORD — HOUSE September 30, 1997 sorted Members by election precinct, nology, beginning on March 19 when we order. Shapiro says that until such action is and logged potential voters’ political attempted to get Hermandad to simply taken, his office will not file criminal action. views. follow the law; that is, to respond to a July 3: Hart writes to Assistant U.S. Attor- A series of articles in the Los Ange- ney Shapiro to explain that Judge Taylor subpoena. has deferred all enforcement responsibilities les Times in April and May tracked the The record runs through March, to CHO and that CHO has ordered HMN to sordid financial record and the attempt April, and May. We finally wrote to the comply with Dornan’s subpoena (April 18 let- to hide from the Government through Department of Justice and said, ter from CHO to HMN). stonewalling of the audits the misuse ‘‘Please respond.’’ Twice we wrote and July 8: Assistant U.S. Attorney Shapiro of money. Eventually an independent said, ‘‘Please respond.’’ We got back, writes to Hart requesting documents and audit of Hermandad was carried out ‘‘We are looking at it’’. supporting authority regarding subpoena en- and it found that the group misspent or Into July, into August, and now into forcement. July 16: Hart responds to Shapiro request could not account for more than a half September, when there is a clear viola- citing Taylor’s Minute Order of April 16, 1997 a million dollars of taxpayers’ money. tion of the statute, there was no will- which states that the House has jurisdiction An audit found that in addition to ingness to require Hermandad to over the subpoenas issued by Dornan. workers not being paid for months, produce documents. So we are here on July 21: Shapiro writes to Hart explaining Hermandad owed hundreds of thou- the floor tonight to see if the House that ‘‘the proper authority to resolve discov- sands of dollars in Federal taxes and has sufficient resolve to simply tell the ery dispute and enforce these subpoenas is State employment benefits and they Department of Justice to carry out the the House of Representatives.’’ Shapiro also even stiffed Santa Anna Hospital Medi- law so that the task force can examine questions the authority of the House to de- mand that the U.S. Attorney act. cal Center because they failed to repay the other records that Hermandad has. July 25: Hart writes to CHO requesting a $27,000 loan. In fact, the California As I pointed out under the rule, the that the Committee issue an order directing State Attorney General has rec- subpoena of the Orange County DA did the U.S. Attorney to investigate and pros- ommended that Hermandad’s nonprofit not cover all of the records of ecute HMN. status be revoked for the failure to file Hermandad because it covered a spe- July 25: Assistant Attorney General An- necessary financial statements with cific assigned subpoena in particular drew Fois writes to CHO explaining that the the State. rooms. The civil subpoena, to which HMN complaint is a matter ‘‘still under re- view’’. He also states that ‘‘further action by In addition, the records subpoenaed Hermandad has refused to respond, the Congress may be necessary before their by the Orange County district attorney would provide additional documents. (U.S. Attorney for the Central District) en- and evaluated by the Los Angeles re- This organization is not a mom-and- forcement becomes ripe for judicial atten- gion of the Immigration and Natu- pop struggling local operation. For half tion.’’ ralization Service, prior to Washington a century they have laundered Federal Mr. Speaker, I reserve the balance of shutting down that operation, discov- funds. They have now been exposed, my time. ered more than 300 people who voted and we still cannot get these people to Mr. GEJDENSON. Mr. Speaker, I who should not have voted according to respond to the law that is, ‘‘Could we yield myself such time as I may the law of the State of California. please take a look at what they did in consume. There is a voter registration card creating a group of victims who were The final speaker on the rule la- used by people who register in the preyed on and probably in the worst mented the inclusion of race in this de- State of California. It starts off on the possible way?’’ These people placed bate. In the crime statutes we have very top row, ‘‘Are you a citizen?’’ Two their trust in an organization backed something called RICO, and it is used boxes, yes, no. by taxpayers’ dollars to make them when there is a repeated pattern of ac- Mr. Speaker, I am pointing out that U.S. citizens, and in fact they were tivity in an organization that leads one on the form that people sign it says, used illegally for political purposes. to the conclusion that it is involved ‘‘Are you a U.S. citizen? Check yes or The House of Representatives should continuously in criminal activity. Let check no.’’ If one checks no, it says, ‘‘If tell the Department of Justice to en- us take a look at the record here and no, don’t fill out this form.’’ There is force the law. why some people, some Hispanics and no argument about when they were HERMANDAD MEXICANA NACIONAL SUBPOENA some non-Hispanics, could come to the going to become a citizen. If they were TIMELINE conclusion that race might be part of going to become a citizen prior to the March 19: HMN Custodian of Records this debate. election, it says ‘‘If you’re not a citi- served with Dornan subpoena. In 1980 in New Jersey, the Republican zen, don’t fill out this form. If you March 21: HMN files Motion to Quash Sub- Party brought people to the polls in poena with CHO. don’t fill out this form, you aren’t a uniforms to intimidate minority and registered voter. But if you fill out this April 6: CHO votes to modify Dornan sub- poena to require protective order and limit Hispanic voters from voting. They filed form and you’re not a citizen, you’re in the scope of HMN subpoena and authorize a consent decree not to do it any more. violation of the law.’’ letter ordering response by May 1. In 1992, the Republican Party of Cali- Over here it says, ‘‘Warning, it is a April 18: CHO issues modifications to sub- fornia paid $400,000 for the very same felony if you sign this statement even poenas issued by Dornan on HMN and issues activities. Today on the floor, earlier though you know it is untrue. Voter order to comply by May 1. when we were speaking of the generic, May 13: Hart files criminal complaint declaration: Read and sign below, I am trying to get an accurate census count, a U.S. Citizen.’’ against HMN with U.S. Attorney Nora Manella. a count that a Bush census director So we are talking about people who May 1: HMN fails to comply with Dornan said made sense, that the National violated the law, but I think the indi- subpoena deadline. Academy of Sciences said made sense, viduals who cast those votes illegally June 2: Hart writes to Manella asking for a that the General Accounting Office were the victims. They were the vic- response to the May 13 request for HMN pros- said made sense, and that would tims because they were induced to do ecution. undercount minorities if it was not so by Hermandad. June 9: Hart writes to Manella asking for a response to the May 13 request for HMN pros- used, was blocked by the Republican The gentlewoman from New York majority. said, ‘‘You know, there is no reason for ecution. June 17: Hart writes to House Oversight b 2245 us to try to pursue this resolution to (CHO) asking for assistance in soliciting a get the Department of Justice to do response from U.S. Attorney regarding Once again, keeping minority voters something. Maybe we could clean it up criminal complaint. out of the political process. And guess with a simple phone call.’’ June 23: CHO writes to DOJ Deputy Attor- where we are tonight? We are on the Several Members said, in fact, the ney General requesting advisement on the Sanchez hunt. gentleman from Maryland said, ‘‘Why status of the HMN criminal complaint. Now, this has not that much to do don’t we just write them a letter?″ Per- June 30: CHO writes to DOJ Deputy Attor- with Sanchez; this is a little diversion. ney General again requesting advisement on haps the gentleman, notwithstanding the status of the HMN criminal complaint. As the gentleman from Massachusetts the fact he is on the task force, is not July 2: Assistant U.S. Attorney Jonathan [Mr. FRANK], in his normal manner so familiar with the record, and I would Shapiro writes to Hart requesting that Hart aptly represented to this Congress, we ask that we place in the record a chro- return to Judge Taylor to seek contempt started off with what was almost a bill September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8255 of attainder, demanding that the Jus- masses in districts across this country. Under that, the duties and responsibil- tice Department prosecute these peo- They have nothing else to do but leave ities of contested elections are as- ple. We are now sending the Justice De- their homes in Mexico and elsewhere in signed to the Committee on House partment a resolution, hoping that if Latin America and come up here and Oversight, which then appoints task they choose and see it to be correct, vote. We do not have any evidence of forces to investigate. I was appointed that they move forward. it, but there are lots of suspicions. to the task force for this election. I did Where are we and why are we here? Today we have a simple matter, but not seek that appointment. I did not The Speaker of the House, the gen- it is a symbol of a case that has been want that appointment. It was almost tleman from Georgia [Mr. GINGRICH] carried on too long and ought to come as bad as being appointed chair of the defeated a Democratic rival by 10 votes to completion. Reject this as a symbol Committee on Standards of Official less than the gentlewoman from Cali- of our rejection of a process that has Conduct. fornia [Mrs. SANCHEZ] has won her been unfair to Mrs. SANCHEZ, to her It is a difficult task. It is particu- race. constituents, and to this House. larly difficult for me to stand here and The chairman of this committee is Mr. Speaker, I reserve the balance of hear charges of racism, sexism and very concerned about leaks from the my time. other charges when they are simply committee, and sometimes papers do Mr. THOMAS. Mr. Speaker, it is my not true, and being unable to respond get out here. I am not sure who lets pleasure to yield 4 minutes to the gen- because of the nature of the case. those leaks out, but I have here from tleman from Michigan [Mr. EHLERS], There are many issues that are con- the Orange County Register, Mr. Dor- who is the chairman of the task force, fidential. There are privacy statutes nan says, ‘‘The seat will be vacated, a gentleman with unimpeachable in- that have to be obeyed. Eventually, there will be a new election.’’ Dornan tegrity, a gentleman that brings pride perhaps some of the details can be said his sources on the committee staff on the House of Representatives. given, as we do in ethics cases, but I told him; goes on and on, and finally Mr. EHLERS. Mr. Speaker, we have would urge those present and those lis- says that they will throw out the re- heard a lot of misinformation this tening in their offices not to judge the sults of the election and give him the evening. My purpose here is to simply content of the case and the procedures seat. try to lay out some facts and some in- by the comments that we have heard Now, let us go back to where we formation about the process that is from some on the floor this evening. started. Mrs. SANCHEZ won the elec- used. Since 1789, the standard method of First of all, recognize that nothing is tion. Mr. Dornan came forward with obtaining information in the case of a more sacred to the democratic process complaints. He found there was one contested election has been the use of than to ensure that each legitimate household that had 18 voters in it, all the subpoena. Even before statutes voter be allowed to vote and that their with different last names. Another one were written, the subpoena was used. votes be counted. Furthermore, that had 8 voters in it with different last There have been many contested elec- the voter be assured that no illegal names, and then there was someone tions over the years, and many thou- votes be allowed to be cast or to be who voted from their place of work, sands of subpoenas that have been is- counted. and they were investigated. We found sued in these cases. Currently they are The principle of one person, one vote, 18 U.S. Marines, 8 nuns, and a issued within the confines of the Con- or one citizen, one vote is extremely zookeeper. That is what Mr. Dornan’s tested Election Act. charges came to. important in our system of govern- Now, in all of the races that we have ment. So important, in fact, that the In this particular case, 51 subpoenas had since the 1969 Act, we have not founders of our Nation decided to put it were requested by Mr. Dornan. The tried to find the INS as the arbiter of in the Constitution and ensure that the committee has the power, under the the results of the election, and there is elections of the House were valid, and Contested Election Act, to review a reason for that. If we ask the INS if gave to the House itself the power, as those subpoenas. We quashed 15 of we can use their data to figure out who we read in section 5 of Article I, near them; 9 were withdrawn by the contest- should be on the voter list, they tell us the beginning of the Constitution, that ant. Six have been responded to; there we cannot do that because one’s name ‘‘Each House shall be the judge of the was no response to 6; 13 have been ig- ends up in the INS for lots of reasons. elections, returns and qualifications of nored. If one tries to get an aunt or an uncle its own Members.’’ How can we enforce response? That is over here, one’s name ends up in the Now, any contestant or any loser in the question that faces the committee. INS. Their documents maybe should be an election may file a petition for a If a subpoena is filed in a court, the more perfect, but they will tell us, in contested election. The committee court can use contempt proceedings. every transmittal, that one cannot use does not choose to file these; the House That power is not given us in the Con- these to figure out who votes and who does not. All of this discussion about tested Election Act. We must depend does not vote and whether they should picking on a particular person because on the U.S. Attorney to bring actions vote. the attributes of that person is simply in these cases. We have now had 14 requests to the false. The House has no control over The timetable in this case is that on INS. We have had piles of names, as which elections are contested. The los- March 19, a subpoena was issued on much as 500,000, in a district where just ers of the election make that decision, Hermandad Mexicana Nacional by Mr. over 100,000 voted; we have had submis- and I am sure in this particular case we Dornan. On April 16, the committee sion after submission, trying to keep recognize that the person who filed the modified that. May 1, the response is enough smoke in the air so Mr. Dor- contest is not someone who would take due, no response is received. May 13, nan’s prediction can be carried out. advice from the House, the committee Mr. Dornan’s attorney filed a criminal The standard for Members of this or anyone else. complaint with the U.S. Attorney. House ought to be pretty basic, and Now, how does the House proceed? It Nothing was done. June 2, the attorney that is, if one wins by as many votes as has proceeded in various ways through- once again asked for action. Nothing the Speaker did, then one ought to be out the years the House has been in op- was done. June 23, the committee sent seated and one ought to be left alone. If eration. Many, many contests have a letter to the U.S. Attorney. No re- there is skullduggery in this election been filed over the years since 1789. All sponse. June 30, another letter was and one cannot prove it after 10 were filed under the constitutional pro- sent, and we finally got a response say- months, after 11 months, do we keep vision. Some have been filed under ing, ‘‘We are looking at it.’’ We are now this process going in an attempt to ex- statutes that were in effect at the time in September, and we are still trying to haust Mrs. SANCHEZ until the next elec- that the cases were filed, but there get enforcement on the action on the tion? have been years when no statute was in subpoena that was issued under the law My friends, what is clear here is effect, they were simply filed under the which was passed by the House of Rep- there are people who see illegal aliens Constitution. resentatives. under every couch. They see them run- Our current law guiding this is the What can we do? What is the next ning across the border to vote in Contested Election Act passed in 1969. step? We thought the next step was for H8256 CONGRESSIONAL RECORD — HOUSE September 30, 1997 the House to send a letter to the De- ticular course of action is to interfere can be enforced and are enforced, de- partment of Justice by way of the reso- and compromise an apolitical inves- spite the fact that people can and are lution that is before us right now. That tigation of the facts. held daily in contempt for failure to re- is the next logical step. If the Depart- We cannot send a message that con- spond to subpoenas, we have the pre- ment of Justice chooses not to respond dones this process, that gives credence posterous statement on the other side again, the only next step is that we to granting Bob Dornan subpoena just a short while ago that people in issue a committee subpoena, but I am power, or that singles out enforcement this country have an absolute civil lib- sure that the recipients of the subpoe- of this one subpoena as a law enforce- erties constitutional right to refuse to nas would prefer dealing with a U.S. ment priority for this country. honor subpoenas. Mr. Speaker, we must stand for the Attorney rather than dealing with fac- b 2300 ing contempt of the House of Rep- rule of law. It begins now. resentatives. Yes, let us talk about the Constitu- Mr. GEJDENSON. Mr. Speaker, I We simply cannot allow individuals tion that we have heard about here to- yield 2 minutes to the gentleman from to thumb their nose at the House of night. Let me tell the Members why, as California [Mr. FAZIO]. Representatives and say, we do not one American of Hispanic descent, we Mr. HOYER. Mr. Speaker, will the want to answer your subpoena, so we are convinced that they are after us. gentleman yield? are not going to. It is a legal subpoena Republicans have taken an unprece- Mr. FAZIO of California. I yield to the gentleman from Maryland. issued by a U.S. District Court judge, dented action to overturn the election Mr. HOYER. Mr. Speaker, I thank and it is very important that these of Congresswoman SANCHEZ. They have given unprecedented subpoena powers the gentleman from California for subpoenas be responded to. Our task yielding to me. force needs the information. We have under this statute to Mr. Dornan, which he has abused. They have under- Mr. Speaker, the previous speaker ei- obtained some information from the ther did not hear clearly the comments INS through a committee subpoena. taken to violate the privacy rights of the families of the gentleman from that were made, or has misrepresented That is all we have available at the them. I choose the former as the alter- moment, but we need the information Texas [Mr. BONILLA] and my family and hundreds of thousands of others who native. that will be provided by these various What I said was that an American have filed papers with the INS, expect- subpoenas, and once we have that in- citizen has the right to go to court to ing and demanding every right to pro- formation, we hope we can bring this question the constitutionality under tect their privacy rights in this coun- case to a rapid conclusion. which someone is asking that citizen try. And we start there. Is the IRS Mr. GEJDENSON. Mr. Speaker, I to do something. In this case, that citi- next? Is there an HIV registry next? yield 3 minutes to the gentleman from zen has done so. The court just 8 days Where is it that they will go to? New Jersey [Mr. MENENDEZ]. ago, I would say to the gentleman from They have changed the standard of (Mr. MENENDEZ asked and was Georgia [Mr. BARR], decided that they proof from one in which Mr. Dornan given permission to revise and extend did have the constitutional right, and 8 his remarks.) must prove his case to one where Con- days later, we demand that the U.S. Mr. MENENDEZ. Mr. Speaker, gresswoman SANCHEZ must defend her Attorney take action, without giving should Hermandad Mexicana Nacional duly certified election. Under this the U.S. Attorney the opportunity to comply with the legal subpoena? Yes. standard, the mere allegation of fraud do so. But should the Republicans on the takes the place of proving any fraud. I think that is a precipitous and Committee on House Oversight have So imagine now that as a Member of uncalled for action of this body sworn given Bob Dornan the power to issue Congress, you win with 1,000 votes. to uphold and defend the Constitution. that subpoena in the first place? Abso- Under the standard being set by the That is what I said, I say to the gen- lutely not. committee, the mere allegation of tleman from Georgia [Mr. BARR]. Case in point: Scott Moxley, a re- fraud, which is what is going to happen Mr. FAZIO of California. Mr. Speak- porter in Orange County and a former in every election, will be sufficient to er, reclaiming my time, it is time for Federal Election Commission em- overturn your election. What must this charade to end. Three hundred ployee, had the temerity to write some women and Hispanic Americans be thousand dollars of the taxpayers’ disfavorable articles about Mr. Dornan. thinking about when their votes are on money has been spent, 10 months have In response, Mr. Dornan issued a sub- the verge of being nullified by Repub- gone by, and despite an incredibly long poena against him. In addition to this, licans in this House? If there is no jus- discovery phase, this committee has according to published reports in Roll tice in this case, there will be no peace yet failed to produce any evidence to Call and in papers filed with the Com- in this House. resolve this so-called contested elec- mittee on House Oversight, Mr. Dornan Mr. THOMAS. Mr. Speaker, it is my tion. went to Scott Moxley’s editor to try to pleasure to yield 1 minute to the gen- Despite unprecedented carte blanche get him fired, called the FEC in an at- tleman from Georgia [Mr. BARR], to investigative power given to the Com- tempt to dig up some dirt on him, shed some facts on the subject. mittee on House Oversight and despite which he was not able to do, and even Mr. BARR of Georgia. Mr. Speaker, Bob Dornan’s escapades, whether they resorted to harassing Mr. Moxley’s fa- having been a former prosecutor and be on this floor or on the Rush ther. practiced law in the private sector, I Limbaugh show, the vote count re- So forgive me if we have a little trou- thought I was somewhat familiar with mains the same. Nevertheless, before ble with a process that gives Bob Dor- various defenses that were raised in us there is another puff of smoke just nan subpoena power over anybody. criminal prosecution and in civil pro- to prolong this investigation. This Of all of the cases in which this Con- ceedings, but during the past year, lis- time it is a resolution that does noth- gress could step in and demand that tening to the Reagan administration ing. It has no weight of law. We have legal action be taken, of all of the un- and listening to the other side tonight, all agreed to that. In fact, it is just an- acceptable outrages and defiance of our there is a whole new universe of de- other chapter in what is a never-ending laws that take place in this country fenses that defense attorneys are not saga designed to drain and assail the every day, that the majority party even aware of. We hear them daily gentlewoman from California, Ms. LO- would choose Mr. Dornan’s subpoena to from the White House: That law does RETTA SANCHEZ, a woman whose elec- take this extraordinary step is beyond not apply to me. That is an old law. tion was certified by the California me. Does this represent their view of That law has not been used very much. Secretary of State on December 9 of the priorities of the American people? I am not a person under that law. This last year. It was the Reagan administration building is not a building. Mr. Speaker, someone watching this that successfully challenged Congress’ We hear another one tonight. Despite debate tonight could easily conclude attempts to tell the U.S. Attorney the fact that the United States crimi- that our Republican friends are going what to do, and that is why my col- nal and civil codes are replete with after this seat because it is held by a leagues on the other side amended it measures insuring that subpoenas, as Latino woman in a district with a size- earlier. To insist on enforcing a par- duly and important court documents, able Hispanic population. Kick up September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8257 enough dust and maybe, just maybe, voted, not just one Member, when the investigation. But the argument that those voters will not show up at the House voted, not even an ex-Member, it was not authorized by a district polls again. but when the House voted to cite Anne court, no, under our Constitution this Do not count on it. This attempt to Gorsuch with contempt, William House has the right constitutionally to intimidate voters will have a backlash French Smith said, we are not going to issue contempt citations to try to com- the likes of which we have never seen, prosecute because we disagree. We pel testimony. not just in California, but across this think that constitutionally there is ex- The Attorney General, I did not libel Nation, where new immigrants are an ecutive privilege here. That is the or defame the Attorney General, I sim- emerging political force to be reckoned precedent that held. No one tried to ply quoted him. Being dead is not rel- with. break it. evant. The fact is that the Attorney I say to my Republican friends, it is Here we have a group of private citi- General said, it is wholly a matter of time to face the facts. This election zens engaged in political organizing prosecutorial discretion whether or not was won fair and square. I say, get over who have gotten a subpoena, and they we act on a contempt citation, and one it. The gentlewoman from California, want to litigate it. What are the Mem- voted by the whole House in the course Ms. LORETTA SANCHEZ, is the Congress- bers saying? Prosecute them, treat of an investigation certainly has a woman from the 46th District of Cali- them as criminals. There is a process great deal of standing. fornia, and the attacks that she has going forward now before the district Mr. GEJDENSON. Mr. Speaker, I weathered will only make her stronger. court, and they want to appeal it, and yield 2 minutes to the gentlewoman We stand with her. We will help her they are saying, no, prosecute them. from Connecticut [Ms. DELAURO]. prevail. I say to the gentlewoman from My friend, the gentleman from Cali- Ms. DELAURO. Mr. Speaker, my Re- California, Ms. LORETTA SANCHEZ, all fornia [Mr. CAMPBELL] said, well, we publican colleagues are engaged in a that she is putting up with tonight will have to get this on. We do not sacrifice partisan, political probe against the be worth it when she returns to this the constitutional right of association gentlewoman from California, [Ms. LO- body in the next Congress. of private citizens because we are in a RETTA SANCHEZ], and this resolution is Mr. GEJDENSON. Mr. Speaker, I hurry, not that they seem to have been an attempt to prolong and to expand yield 2 minutes to the gentleman from in such a hurry on this. But even if we that investigation. Make no mistake, Massachusetts [Mr. FRANK]. are, citizens have a right to assert this is not the election of the gentle- Mr. FRANK of Massachusetts. Mr. their constitutional rights. woman from California in isolation; Speaker, what we are talking about is To have the subpoena power in the this is part and parcel of a Republican the right of a citizens group here. First hands of one individual who has clearly strategy that would in fact deny mi- of all, the resolution, of course, is hard- issued inappropriate subpoenas to the norities in this country the right to ly worth all this. The resolution origi- press, the committee has quashed vote. nally demanded that the Justice De- some, this organization, and under- Earlier today, the Republican major- partment do something. It now de- stand, this is not a subpoena specifi- ity denied the Bureau of the Census the mands that the Justice Department cally about who voted and who did not. ability to make a full count of Ameri- think about doing something and then It is a very broad subpoena issued by cans, fearing that such sampling meth- do whatever it thinks. It was amended. Mr. Dornan, and they are trying to fig- ods would enfranchise undercounted I should note that this is, I guess, an ure out a way to litigate it, and to de- urban minorities. This is un-American example of what is meant by a self-exe- mand that they be criminally pros- and it is simply wrong. The fact is that cuting resolution. ecuted is inappropriate. this resolution does not have the au- This resolution has already executed To demand that maybe they should thority to force the Justice Depart- itself. It cut off its head. But we still be criminally prosecuted if someone ment to do anything, and it intrudes on have a headless horseman stumbling who has the job of thinking that they an ongoing legal process. around, and it is an obnoxious one, be- should think they should is not inap- cause here is the issue. A private citi- propriate, it is just too silly. It is un- The gentlewoman from California, zens group has been denounced crimi- fortunately done to accommodate a po- Ms. LORETTA SANCHEZ won this elec- nal by persons with constitutional im- litical imperative that should not be tion by 1,000 votes. There were other munity from any libel suit on this taking up all this time in the House. much closer elections in 1996, and no floor. They have been denounced as Mr. THOMAS. Mr. Speaker, I yield 30 others have been subjected to this kind criminal partly, I guess, because they seconds to the gentleman from Califor- of a witch hunt. The sore loser in this had a tax problem. nia [Mr. COX]. case was Bob Dornan, a man who can- I guess that is going to be the prece- Mr. COX of California. Mr. Speaker, I not believe that he lost, a man whose dent: somebody is shown not to have rise simply to defend the late William vendetta against the gentlewoman done right on taxes, and they are a French Smith, who cannot be here to from California is unprecedented, and a criminal. The word will probably echo defend himself. When the Attorney man whose behavior is so offensive around here a lot, and make the par- General of the United States deter- that this Congress actually barred him liamentarians earn their pay. mined that it was not appropriate to from the floor of this House. But the question is this. This organi- institute on behalf of the Congress of The Republican Party has chosen to zation has been the subject of a very the United States enforcement pro- go after a seat held by a Democratic broad subpoena, subpoenaing things ceedings for a congressional subpoena, Hispanic woman in a race where His- that go to everything that is done, in- he was doing something very different panic votes may have determined the cluding political activity. They are than what we are talking about here election. This is a deep insensitivity to trying to resist it. Important constitu- tonight. the right of Latinos and Hispanics in tional law has been made in America, What we have before us is a subpoena this country to be able to vote. It is the NAACP against Alabama, other or- that has been authorized by the United clearly an attempt by the Republican ganizations. Resistance of subpoenas States District Court. No such author- Party to create enough smoke to steal has been important. ization was given in the case of the this election. If they cannot do that What we now have is a U.S. Attorney Gorsuch subpoena. That was a sub- they hope simply to wear down the entitled to decide that a particular poena issued by Congress without any gentlewoman from California [Ms. subpoena may have been so broad as to court involvement. SANCHEZ], depleting her time, her en- fail. Mr. GEJDENSON. Mr. Speaker, I ergy, her financial resources, in order My colleague, the gentleman from yield 30 seconds to the gentleman from to weaken her for reelection. Georgia said, where did you get such an Massachusetts [Mr. FRANK]. It will not happen. She will be re- idea? I will tell Members where, from Mr. FRANK of Massachusetts. Yes, elected to this body. Do not disgrace William French Smith, Ronald Rea- Mr. Speaker, it was a subpoena that the people’s House tonight. Do not let gan’s Attorney General, who told us came from the former Member, Mr. this body allow for this sort of partisan when this House voted to cite Anne Dornan, as opposed to one solemnly political purpose. Vote down this reso- Gorsuch for contempt, when the House voted by the House in the course of an lution. H8258 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Mr. THOMAS. Mr. Speaker, it is my the seat is yours and we are going to do serve, is charged with seeking the facts pleasure to yield 2 minutes to the gen- everything possible to make sure that relating to Members being seated in a tleman from Florida [Mr. STEARNS]. justice is done in your case. contested election. (Mr. STEARNS asked and was given Let me just share with everybody This resolution is not about the gen- permission to revise and extend his re- that this is not the first time that tlewoman from California [Ms. marks.) someone of Hispanic descent has been SANCHEZ]. This resolution is not about Mr. STEARNS. Mr. Speaker, the gen- barred from the House of Representa- Mr. Dornan. This resolution is not tlewoman from Connecticut [Ms. tives. About 9 months ago, I came here about a Republican or a Democrat DELAURO], let me remind her and the with my daughter and with my niece, serving in California’s 46th District. gentleman from New Jersey [Mr. and I waited in line in the main en- This resolution is about determining MENENDEZ] and the gentleman from trance to the Capitol of the United whether or not the election in Califor- Connecticut [Mr. GEJDENSON] and the States. And as I walked through that nia’s 46th District was conducted in a gentleman from Massachusetts [Mr. line to come into this House, a security lawful and appropriate manner. This FRANK], as a result of an initial inves- guard from the U.S. Capitol said to me, resolution is critical to every Member tigation into this matter, the Immigra- ‘‘You cannot come in here.’’ of this Congress and to the American tion and Naturalization Service, that is When I produced an ID, she said it people because this resolution seeks part of their administration, ordered was false. When I told her I was a Mem- only to determine the facts as to who that an arm of its citizenship testing ber of Congress, she said that I was lawfully cast their ballots in a con- program be shut down effective Janu- crazy and that I was ludicrous. And tested election. ary 6, 1997. That is not Republicans, then I said, ‘‘Ma’am, you really have a This resolution deserves the support that is Democrats. Democrats decided problem.’’ And her response to me was, of every Member of this Congress to to shut down a citizenship testing pro- ‘‘No. The only problem we have is you maintain the process that is outlined gram after it was acknowledged and and your people. Why do you not go in our Constitution and to ensure the verified that there were proven cases of back where you came from?’’ That was very integrity of the system of fair and fraud. said to me as I entered in a very well honest representative government. I I am not a lawyer. We can put up published case right here. So, LORETTA, ask each and every Member to come here the best lawyers and we can talk it is nothing new. It is nothing new. down here and vote for this fair, hon- about subpoenas and go on and on, but But do you know something every- est, justice-seeking resolution. their administration found there was body said: She is not fit to serve the Mr. GEJDENSON. Mr. Speaker, I acknowledged and verified fraud. So House of Representatives and the peo- yield 2 minutes to the gentleman from this is a concern of not just Democrats ple of this Nation, given her actions. Texas [Mr. EDWARDS]. and Republicans and Independents, this Do you know what my answer was? Mr. EDWARDS. Mr. Speaker, I grew is a concern of every Member of Con- What can you expect from her? What up in a country that said Hispanic gress; there but for the grace of God go can you expect from her when she sees Americans could die for their country you, me, any one of us. Members of Congress each and every but not be buried in a public cemetery. If the administration of their party day on the TV set accuse those immi- I grew up in a community where His- says on January 6, 1997, yes, there is grants of coming across the border in panic schoolchildren were punished for fraud, we have acknowledged it, veri- hordes to destroy this Nation? When speaking their mother’s native lan- fied it, and we are going to stop citi- she sees on TV Presidential candidates guage on school grounds. I grew up in a zenship testing programs, does that not with a rifle in their arms campaigning neighborhood where a distinguished concern the Members? Does that not in Arizona and saying, ‘‘This is what American veteran, a physician, was tell them that she did not win by 900 we have for you, Jose,’’ and then sees turned against and fought simply be- votes, as the gentlewoman from Con- the Republican Party seat them at cause he was Hispanic. Thank God, Mr. necticut [Ms. DELAURO] keeps talking their convention in San Diego? What Speaker, those wrongs were righted about? can you expect from a security guard years ago. b 2315 when she sees Members of Congress That is exactly why tonight I will be No; we have already identified half of come here and say, those seats should not a part of harassing an Hispanic those 900 are corroborated that they be invalidated that Latinos and Afri- American who was duly elected to this are false votes. can Americans were elected to and that Congress and the thousands of Hispanic Mr. Dornan’s request is not without we should challenge them in court? Americans who duly voted for her. precedence. We can go back to Su- What do you think she expects when I must wonder, where are the philo- preme Court decisions. We can go back she sees a welfare reform bill come be- sophical conservatives tonight? Where to McCloskey and McIntyre in the 99th fore this Congress which says, let us are the Republicans who say we should Congress. We can back to Roush versus not give them any help? limit the powers of government? Where Chambers in the 87th Congress in the LORETTA, you won. And in this Con- are the Republicans who want to re- first session. And we can on and on gress, you will prevail. strict the law enforcement powers of with cases where we have the right and Mr. THOMAS. Mr. Speaker, I yield 2 the ATF and the FBI? Where are the the House committee has the complete minutes to the gentleman from Florida Republicans who say they believe in ability to order a recount in this con- [Mr. MICA], a member of the commit- private property rights? Where are the gressional election if they want to. tee. Republicans who say they cherish our This country prides itself on the fact Mr. MICA. Mr. Speaker, I rise in sup- constitutional protections against un- that we are a democracy and we abide port of this resolution. In fact, this res- reasonable search and seizure by the by the axiom, one man, one vote. How- olution is not offered in support or in Government? ever, I would like to quote a well opposition to the gentlewoman from How can those who believe in limited known philosopher. This philosopher California [Ms. SANCHEZ] who has been government want to give Robert Dor- said it correctly: It is not the voting seated from California’s 46th District. nan, a private citizen, the right to sub- that is democracy, it is the counting. Nor is it offered in support or opposi- poena American citizens’ private prop- Mr. GEJDENSON. The gentleman tion to Mr. Dornan, who is contesting erty? If anyone should be offended by seemed to have placed great faith in the election in California’s 46th Dis- Mr. Dornan’s subpoena power, it should the administration when they set aside trict. This resolution, in fact, is about be true philosophical conservatives. Hermandad’s activities but somehow the very heart and the essence of the Enough is enough. It is time to end does not trust the administration ev- democratic electoral process. the persecution of Hispanics now, right erywhere else. We have heard it said that the United here in this House tonight. Mr. Speaker, I yield 2 minutes to the States Constitution, Article I, section Mr. THOMAS. Mr. Speaker, I yield gentleman from Illinois [Mr. 5, states that the House shall be the myself 1 minute. GUTIERREZ]. judge of its Members and their elec- This resolution is to make sure that Mr. GUTIERREZ. Mr. Speaker, I tion. The Committee on House Over- when those people become citizens and would just like to say that, LORETTA, sight, on which I am privileged to cast a vote, it is a vote that counts. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8259 The problem is, there are some people A World War II veteran who is com- uals involved and should be voted out there preying on these people, mis- mitted to his country and always opti- down. representing the law, and getting them mistic and positive about what Amer- Mr. THOMAS. Mr. Speaker, I yield to register so that they commit, unwit- ica stood for says our lives are made up myself 1 minute. tingly, a felony. Your feelings should of five things: Humility, I ask that our I tell the gentleman from New York be directed to those people who are colleagues tonight look at who has hu- if he wants to know who gave Bob Dor- preying on these innocent people. The mility; commitment to justice; com- nan the right to subpoena, the CON- innocent people are the ones who wind passion to people; faith in the Amer- GRESSIONAL RECORD, October 20th, 1969, up committing the felony, but they are ican people; and faith that people will on rollcall number 235, the yeas 311, the victims. It is the organizations be responsible, will be decent, will be nays 12, the legislation that was passed such as Hermandad that should be pun- honest, and allow themselves to have overwhelmingly on a bipartisan vote ished. dignity. supported and defended by the court All this resolution seeks to do is to We must allow the process, in my most recently and the House. get the Department of Justice to make judgment, to work to make sure that The fact that no one has used it, ex- sure that those very people you talked those people that vote vote honestly, cept for this particular time, does not about, I tell the gentleman from Texas, have dignity. The last word he used mean it has not been there from the be- when they become citizens can cast a was love, not for self-serving reasons ginning. The point needs to be made vote and have the confidence that that but love for the things that America, that it is the statute that affords it. vote will not be diluted by fraud or ille- which is still a great country, stands That is where it comes from. It is part gality. That is what we are doing. for. of the Contested Election Act and it Mr. GEJDENSON. Mr. Speaker, I I encourage Members to vote for this was passed overwhelmingly bipartisan. yield 1 minute to the gentlewoman resolution because it means that we Mr. Speaker, I reserve the balance of from Connecticut [Mrs. KENNELLY]. are committed to justice in America, my time. Mrs. KENNELLY of Connecticut. Mr. one man, one vote, and we want people Mr. GEJDENSON. Mr. Speaker, I Speaker, we are approaching a resolu- to have responsibility to do the right yield 1 minute to the gentleman from tion right now that Congress cannot thing. And if we give them that respon- California [Mr. MARTINEZ]. force the Justice Department to pros- sibility and show them what we stand (Mr. MARTINEZ asked and was given ecute. The committee has already re- for, there will be dignity for each and permission to revise and extend his re- ceived all the relevant evidence that every citizen that their vote counts. marks.) Hermandad ever possessed. They have Mr. GEJDENSON. Mr. Speaker, how Mr. MARTINEZ. Mr. Speaker, I hear got the information. So why are we much time remains on both sides? over and over again that we are con- here tonight? The SPEAKER pro tempore (Mr. cerned about the integrity of our elec- It is 10 months after the election. tion process, and I agree with that, not Who are we, this body? We should be GILLMOR). The gentleman from Con- 1 only for the 46th Congressional District doing the people’s business. We should necticut [Mr. GEJDENSON] has 7 ⁄2 min- but for all over the United States. be doing campaign finance reform. We utes remaining, and the gentleman from California [Mr. THOMAS] has 7 This is not the only place where should be finishing the appropriations voter fraud has occurred. But I hear bills. Instead, we are here at 11:30 to- minutes remaining. interjected into the debate the ref- night talking about a woman whom I Mr. GEJDENSON. Mr. Speaker, I erence to the number of fraudulent know well. I know LORETTA SANCHEZ. I yield 1 minute to the gentleman from votes in the 46th District. Then our know her so well, I saw her come to New York [Mr. NADLER]. friend from Texas gets up and states Congress as a proud woman to rep- Mr. NADLER. Mr. Speaker, the that the Hermandad is the crookedest resent her district, to represent her central problem here is that this so- organization around and guilty of all constituents, to do the job she was called investigation has been improper kinds of wrongdoing. elected to do. from its inception. We are spending 10 months saying Normally a claimant seeking to in- The problem I have with that is an this wonderful young woman cannot be validate an election has the burden of investigating committee trying to in- allowed to do what she was sent here to proof of fraud or irregularities. He vestigate someone who has already do. Let us end it. Let us say tonight, should look at the records of people made up his mind lends itself to the let her serve. We will have another who vote, the records from the board of idea that since they have already made election in November, the following elections, from birth records, from nat- up their mind, their investigation is November. Let it happen. We are the uralization records, and show his evi- going to conclude with the conclusions body of the people. We represent the dence. they have already made. people. Let LORETTA serve. Instead, the claimant has been given Let me say in the same breath that Mr. THOMAS. Mr. Speaker, I yield 2 individual subpoena power, has used the gentleman speaks about the high minutes to the gentleman from Mary- that power irresponsibly and to the level of debate that began this debate. land [Mr. GILCHREST]. deprivation of the constitutional rights He rushes in to chastise one of our Mr. GILCHREST. Mr. Speaker, I of others. He has issued broad-based, Members for pulling a race card. What thank the gentleman for yielding me fishing-expedition subpoenas, some greater race card was there pulled the time. struck down, some not yet. when on that side of the aisle they I would like to make the comment chose as their closing speaker someone b 2330 that I have been stopped several times of Hispanic descent? by the guards questioning whether I Hermandad got such a broad sub- So I ask the question, is this about was a Member of Congress. I may not poena which invaded the constitutional voter fraud, is it about the gentle- look like a Member of Congress, the rights of many people. The District woman from California’s election, or is Scotch-Irish descent, but I have been Court said the subpoena was okay. it is about intimidating Latino voters? stopped many times questioning Hermandad is appealing that decision, I think it is the latter. whether I was a Member of Congress. but 8 days after the district court deci- Mr. GEJDENSON. Mr. Speaker, I We are debating here tonight. It is a sion, while it is appealing that deci- yield 11⁄2 minutes to the gentleman positive thing that we debate the is- sion, they come up with this bill of at- from North Carolina [Mr. HEFNER]. sues. Oliver Wendell Holmes, a physi- tainder here which we are asked to Mr. HEFNER. Mr. Speaker, I have cian, a jurist, and a poet, said that the pass, demanding criminal prosecution been around this for a long, long while, Constitution was made for people with of this private group which has no role and I can remember when we kept peo- differing opinions. We are seeing that or should have no role in this at all. ple from voting because we had some- to an extent tonight. Obviously, it is entirely politically thing called the poll tax. And most of But this is a Nation of laws, not of motivated, as this entire process has us could not afford it, especially share- rhetoric. This is a Nation where we been, and the motivation is to short- croppers. And we were sharecroppers, have one man, one vote. And we are circuit the constitutional process and and some of our black neighbors could committed to that. the constitutional rights of the individ- not afford to vote. H8260 CONGRESSIONAL RECORD — HOUSE September 30, 1997 We have talked about numbers here. tual in what he says in the newspaper, bad precedent that would only lead to My good friend from California said because it is convenient to quote him mischief, but it is clear that the inter- what we want to make sure is that tonight. ference that is called for tonight in our every vote counts. Votes are not count- This is not about Bob Dornan, this is judicial system is based on partisan po- ed in the District of California. The not about the gentlewoman from Cali- litical motives. And when that day gentlewoman from California is being fornia [Ms. SANCHEZ], this is about the comes, it is a sad day for this House of harassed. And if we took the 300 votes election process. Representatives. or 400 votes, throw them out, she still Politics? Here is the DCCC press re- Make no mistake about it, the pur- won a majority. She is still the winner. lease starting in February. Phone calls pose is not law enforcement tonight, In politics, that is all that matters, into districts trying to stop this, a le- the purpose is to harass and intimi- is getting the majority of the vote. The gitimate inquiry of the U.S. House. date. That is what this whole inves- gentlewoman is being denied the vote, There is a little politics there. tigation has been about, arming Bob in my opinion, simply because she beat But I think we have seen it all to- Dornan with subpoena authority. Un- one of the real radical exhibitionists night. What is in a name? Did Shake- precedented in the work of this com- that has ever been in this House. Some speare say that or was it Hallmark? I mittee, invading the privacy of thou- Members do not like it. am not sure. Somebody says that. sands of Hispanic-Americans, all be- As for the gentleman that said it was What is in a name? Well, tonight it is cause a hardworking Hispanic business- the Democrats, he was the one that in the Latino name. Tonight it is in woman had the audacity to upset Bob sent out a press release accusing me of the Latino name. Because all of a sud- Dornan in the 46th District of Califor- missing votes when my sister-in-law den, if one does not have a Latino nia. And Mr. Speaker, it was not even had died and I was not even here. So I name, something is wrong tonight. a close election. just wanted to make that clear. Let me tell my colleagues something. Now we read in the newspapers that This is a charade that should not be We have Latino relatives. I do, in Fon- there is an effort, perhaps, to tell Mr. taking place. It does not become this tana, California. The gentleman from Dornan that the House is going to de- House and it does not become us as the Michigan [Mr. EHLERS] does. We have clare the seat vacant and call for a new most respected governing body on the Latino relatives. My colleagues know election. I can only assume that these face of the earth, and we should be it is not true that there is a bias to reports are just rumors and that they ashamed of our actions that are taking Latinos. are wrong. place today. The words tonight, persecution, in- The gentlewoman from California Mr. THOMAS. Mr. Speaker, I yield 4 sulting, embarrassing, playing the race [Ms. SANCHEZ] won this election by al- minutes to the gentleman from Ohio card, all the things that were raised to- most a thousand votes. If her election [Mr. NEY], not only a member of the night that my colleagues know are not can be overturned on suspicion, with committee but a member of the task true. My colleagues all know it. They no facts, none of the facts that were force, the vice chairman of the Com- know that is not accurate. They know brought have been found to be true, but mittee on House Oversight. it is not true. They know that is not on suspicion that there were nonciti- Mr. NEY. Mr. Speaker, I thank the the feelings we have. zens who voted, then who is next? gentleman for yielding me this time. We should stick to the facts, because Whenever there is a vote of under a Tonight I think it would become us, what is not becoming of this Chamber thousand, do we go in and ask the INS Mr. Speaker, since we are talking is to use those scare tactics to Ameri- to pull up all the records of new Ameri- about what becomes this Chamber, it cans, Mr. Speaker, across this country. cans in a district? Who is next? Which would become us to stick to the facts. That does not become the energetic House race will we go into next time? The organization Hermandad Mexicana give and take of public debate. What My colleagues, if this procedure goes Nacional has, for nearly 5 months, re- becomes us is to stick to the facts, and on, if there is a move to vacate this fused to comply with the subpoena is- if we do that, we will not have so much election, this is no longer the people’s sued by a United States District Court disgrace on the floor tonight by throw- House, it is the Republican Party’s judge. The Department of Justice says ing out side innuendo that my col- House, and I do not think any of us the matter is still under review, de- leagues know is simply not true. It is want any part of it. spite repeated letters from the Com- not fair to the American people and it Defeat this resolution and send this mittee on House Oversight. That is a is not fair to any Member of any gen- contest where it belongs. Dismiss it. fact. The Department of Justice’s fail- der, of any ethnic background on the Mr. THOMAS. Mr. Speaker, I yield ure to act has encouraged groups to ig- floor tonight. myself the balance of my time. nore subpoenas, delaying the investiga- Mr. GEJDENSON. Mr. Speaker, I Mr. Speaker, the gentleman from tions. yield the balance of my time to the North Carolina said in politics all that This is no picnic for us, as any Mem- gentleman from Missouri [Mr. GEP- matters is getting the most votes. I ber on either of the side of the aisle on HARDT], the distinguished minority personally experienced that in a con- this committee knows very well of this leader. tested election in the Indiana 8th, be- delay. It is not something we enjoy, it (Mr. GEPHARDT asked and was cause the votes in the Indiana 8th were is not something we like, it is not given permission to revise and extend counted not by any State. something that has a political further- his remarks.) I participated in a contested election ance. Mr. GEPHARDT. Mr. Speaker, I rise contest in which the Democrats set the The other statement that is made in opposition to this ill-conceived reso- rules. Those rules did not exist in any that needs to be addressed is that the lution. I am not an expert on the legal State. They were made up. And then other side argues that most informa- dispute over Mr. Dornan’s novel use of when, in following those rules they tion requested in the subpoena to the power of subpoena. I do not know made up, Democrats were not going to Hermandad has already been turned all of the facts surrounding the court win, they quit counting. over. That is simply not true. Not all cases that have come as a result of b the information has been turned over. these subpoenas, but I have served in 2345 And if it had been, they would not be this House since 1977 and I have some So I guess in politics, for some people fighting so hard. Another thing is, they sense of when it is appropriate for this all that matters is getting the most had all summer to file, but they did House to speak to the judicial system. votes. But with this new majority, it is not. They filed in August because they Mr. Speaker, as far as I can deter- going to be determined by legal votes. wanted to delay the entire process. mine, never in the 208-year history of There has been some argument that It has been a great interesting night. this House has the majority decided to we need to do some campaign finance First, Bob Dornan has no credibility. interfere so directly in a criminal mat- reform. I will tell my colleagues, the Bob Dornan has said things on the floor ter by demanding that specific charges vote tonight is the first vote on cam- people do not like from that side of the be brought against the particular paign finance reform, because I think aisle, but all of a sudden Bob Dornan is party. In the best of circumstance, fundamentally we must start with fun- quoted tonight because he is now fac- what is being done tonight would be a damental reform. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8261 Far more important than the dollars the worst kind. This is nothing more than in- Ganske Lewis (CA) Rohrabacher Gekas Lewis (KY) Ros-Lehtinen spent in campaigns is who legally gets timidation. Gibbons Linder Royce to vote; and, in this system, only citi- Mr. Speaker, I urge this distinguished body Gilchrest Livingston Ryun zens are supposed to legally vote. Let to end the saga of this misguided investiga- Gillmor LoBiondo Salmon us start by enforcing that fact, and tion. The people of California have legally Gilman Lucas Sanford Gingrich Manzullo Saxton then we will look at other campaign ended their relationship with himÐhe embar- Goodlatte McCollum Scarborough changes. rassed them until they had enough and now Goodling McCrery Schaefer, Dan Tonight, a vote for this resolution is we should say we have had enough of his Goss McDade Schaffer, Bob a vote to uphold the law. Democracy Graham McHugh Sensenbrenner outrageous tactics and put an end to it once Granger McInnis Sessions works when it operates under the law. and for all. I urge my colleagues to vote Greenwood McIntosh Shadegg A lot of things have been said here. But against this travesty as they voted to show Mr. Gutknecht McKeon Shaw I want Members, as they vote on this Dornan to the door of the House on one occa- Hastert Metcalf Shays Hastings (WA) Mica Shimkus resolution, trying to get the Depart- sion and we should do it again today. Hayworth Miller (FL) Shuster ment of Justice to carry out the law, Mr. THOMAS. Mr. Speaker, I yield Hefley Moran (KS) Skeen to remember that it is irrefutable that back the balance of my time. Herger Morella Smith (MI) the question is not ‘‘Did fraud occur in Hill Myrick Smith (NJ) The SPEAKER pro tempore (Mr. Hilleary Nethercutt Smith (TX) the 46th District of California,’’ the GILLMOR). All time for debate has ex- Hobson Neumann Smith, Linda question is ‘‘How much?’’ pired. Hoekstra Ney Snowbarger Horn Northup Solomon That has been the task of the task PARLIAMENTARY INQUIRY force. We have been stonewalled by Hostettler Norwood Souder Mr. HEFNER. Mr. Speaker, par- Hulshof Nussle Spence people. People have refused to supply liamentary inquiry. Hunter Packard Stearns information. We have had to subpoena The SPEAKER pro tempore. The gen- Hutchinson Pappas Stump the Immigration and Naturalization Hyde Parker Sununu tleman from North Carolina [Mr. HEF- Inglis Paul Talent Service. But I can assure my col- NER] will state his parliamentary in- Istook Paxon Tauzin leagues, no amount of intimidation, no quiry. Jenkins Pease Taylor (NC) Johnson (CT) Peterson (PA) Thomas amount of throwing around false Mr. HEFNER. Mr. Speaker, am I en- charges of racism, no attempt to Johnson, Sam Petri Thornberry titled to raise a point of personal privi- Jones Pickering Thune muddy the waters and obscor our pur- lege since the gentleman from Califor- Kasich Pitts Tiahrt pose of determining how many legal Kelly Pombo Traficant nia [Mr. THOMAS] mentioned my name votes were cast in that election, will Kim Porter Upton and misquoted me? King (NY) Portman Walsh deter us from making sure that every The SPEAKER pro tempore. That is Kingston Pryce (OH) Wamp honest vote that was cast in that elec- Klug Quinn Watkins not in order as a response during de- Knollenberg Radanovich Watts (OK) tion gets its full, accountability, undi- bate. luted by fraudulent votes. That is our Kolbe Ramstad Weldon (FL) The resolution is considered read for LaHood Redmond Weldon (PA) job, and we will do it. amendment. Largent Regula Weller I ask the House of Representatives Latham Riggs White Pursuant to House Resolution 253, tonight to assist us in asking, or, if you LaTourette Riley Whitfield the previous question is ordered on the Lazio Rogan Wicker will, demanding that the Department resolution, as amended, and on the pre- Leach Rogers Wolf of Justice enforce the law and make amble. these people provide us with the infor- NAYS—203 The question is on the resolution, as mation that will let us get to the bot- Abercrombie Doggett Kennelly amended. Ackerman Dooley Kildee tom of how many fraudulent votes The question was taken; and the Allen Doyle Kilpatrick were cast in this particular district so Speaker pro tempore announced that Andrews Edwards Kind (WI) that we can determine the true winner Baesler Engel Kleczka the noes appeared to have it. in California’s 46th. I ask for a vote on Baldacci Eshoo Klink Mr. THOMAS. Mr. Speaker, I object Barcia Etheridge Kucinich the resolution. to the vote on the ground that a Barrett (WI) Evans LaFalce Ms. JACKSON-LEE of Texas. Mr. Speaker, Becerra Farr Lampson quorum is not present. I rise today in disgust with the way a former Bentsen Fattah Lantos The SPEAKER pro tempore. A Berman Fazio Levin member is trying to manipulate the House of quorum is present. Berry Filner Lewis (GA) the people to create turmoil, to manipulate the Mr. THOMAS. Mr. Speaker, on that I Bishop Flake Lipinski election process and to spend tax payer mon- Blagojevich Foglietta Lofgren demand the yeas and nays. iesÐnow more than $300,000 and countingÐ Blumenauer Forbes Lowey The yeas and nays were ordered. Bonior Ford Luther for nothing more than the purpose of stealing The vote was taken by electronic de- Borski Frank (MA) Maloney (CT) a seat out from under a duly elected Member, Boswell Frost Maloney (NY) vice, and there were— yeas 219, nays LORETTA SANCHEZ. Boucher Furse Manton Bob Dornan has come to the floor of the 203, answered ‘‘present’’ 1, not voting Boyd Gejdenson Markey 11, as follows: Brown (CA) Gephardt Martinez House and shown himself not to be worthy of Brown (FL) Goode Mascara being allowed to appear on the floor as a [Roll No. 478] Brown (OH) Gordon Matsui former Member of the House. YEAS—219 Capps Green McCarthy (MO) Cardin Gutierrez McCarthy (NY) Aderholt Burr Cunningham He is trying to intimidate the voters of Cali- Carson Hall (OH) McDermott Archer Burton Davis (VA) fornia's 46th Congressional District, the media, Clay Hall (TX) McGovern Armey Buyer Deal Clayton Hamilton McHale the INS, and now the Congress. He wants Bachus Callahan DeLay Clement Harman McIntyre Congress to try to intimidate the U.S. attorney Baker Calvert Diaz-Balart Clyburn Hastings (FL) McKinney Ballenger Camp Dickey to file criminal charges against a political Condit Hefner McNulty Barr Campbell Doolittle enemy of his. That's the meaning of this reso- Conyers Hilliard Meehan Barrett (NE) Canady Dreier Costello Hinchey Meek lution and that's what he wants us to do. Bartlett Cannon Duncan Coyne Hinojosa Menendez Barton Castle Dunn Mr. Speaker, there has been absolutely no Cramer Holden Millender- Bass Chabot Ehlers fraud found in this case and there has not Cummings Hooley McDonald Bateman Chambliss Ehrlich Danner Hoyer Miller (CA) been one shred of evidence that this renegade Bereuter Chenoweth Emerson Davis (FL) Jackson (IL) Minge former member has been able to produce that Bilbray Christensen English Davis (IL) Jackson-Lee Mink Bilirakis Coble Ensign illegal aliens have influenced the outcome of DeFazio (TX) Moakley Bliley Coburn Everett his defeat. He is defying the 28-year history of DeGette Jefferson Mollohan Blunt Collins Ewing Delahunt John Moran (VA) the Federal Contested Election Act and is Boehlert Combest Fawell DeLauro Johnson (WI) Murtha Boehner Cook Foley using Republicans to carry on a crusade to Dellums Johnson, E. B. Nadler Bonilla Cooksey Fowler get his seat back. Deutsch Kanjorski Neal Bono Cox Fox He needs to get out of denial that he lost an Dicks Kaptur Oberstar Brady Crane Franks (NJ) Dingell Kennedy (MA) Obey election and the people of Orange County Bryant Crapo Frelinghuysen Dixon Kennedy (RI) Olver have spoken. This is under-handed politics of Bunning Cubin Gallegly H8262 CONGRESSIONAL RECORD — HOUSE September 30, 1997 Ortiz Sabo Tauscher fact required to be taken, it would section 1601 of the Senate amendment, which Owens Sanders Taylor (MS) work, I would guess, some hardship on provides for payment of all private claims Pallone Sandlin Thompson against the Iraqi Government before those of Pascrell Sawyer Thurman all the Members who might have travel U.S. veterans and the U.S. Government (i.e., Pastor Scott Tierney plans. U.S. taxpayers). Payne Serrano Torres I would remind the House that it has Pelosi Sherman Towns f Peterson (MN) Sisisky Turner been on the schedule of the House for Pickett Skaggs Velazquez some time that we would complete MOTION TO ADJOURN Pomeroy Skelton Vento business by 3 o’clock tomorrow. I have Poshard Slaughter Visclosky been implored by many, many Mem- Mr. SCARBOROUGH. Mr. Speaker, I Price (NC) Smith, Adam Waters move that the House do now adjourn. Rahall Snyder Watt (NC) bers, and I think for a very good rea- Rangel Spratt Waxman son, to try to move that up. I will have The SPEAKER. A motion to adjourn Reyes Stabenow Wexler done everything I can do by trying to is in order. Rivers Stark Weygand Mr. SCARBOROUGH. Mr. Speaker, I Rodriguez Stenholm Wise complete as much work as possible to- Roemer Stokes Woolsey night in order for that to be moved up had asked earlier for a question. We Rothman Strickland Wynn to 12:15. can do a motion to adjourn, if I can ask Roybal-Allard Stupak the gentleman from Texas a question? Rush Tanner It would be, I think, a consideration that might be granted to those Mem- The SPEAKER. A motion to adjourn ANSWERED ‘‘PRESENT’’—1 bers who have this serious religious is not debatable, and the gentleman Sanchez concern that we all want to respect for was not recognized prior to this time. NOT VOTING—11 those people that had requested votes b 0015 ordered on the suspension vote to re- Gonzalez Roukema Yates Does the gentleman from Florida in- Hansen Schiff Young (AK) consider the extent to which they truly Houghton Schumer Young (FL) indeed need those orders and might sist on his motion to adjourn? Oxley Smith (OR) want to vacate that request, and that Mr. SCARBOROUGH. Yes, Mr. Speaker. b 0005 would be, I would think, a much appre- ciated consideration given to Members Mr. DOGGETT. Mr. Speaker, has the So the resolution, as amended, was motion been reduced to writing? agreed to. by those who would be in a position to do so. But we obviously cannot deny a The SPEAKER. Yes. The question is The result of the vote was announced on the motion to adjourn offered by the as above recorded. Member his or her right to insist on or- dering those votes on those suspen- gentleman from Florida [Mr. A motion to reconsider was laid on SCARBOROUGH]. the table. sions. And I notice my friend from Georgia, The question was taken; and the f and I will assure him that I am as com- Speaker announced that the ayes ap- peared to have it. LEGISLATIVE PROGRAM mitted as I can be to persuading and encouraging everybody to do what we Mr. DOGGETT. Mr. Speaker, on that (Mr. LEWIS of Georgia asked and was can to facilitate the need that many I demand the yeas and nays. given permission to address the House Members have to transport themselves The yeas and nays were ordered. for 1 minute.) and their families with as much dis- The vote was taken by electronic de- Mr. LEWIS of Georgia. Mr. Speaker, patch as possible. vice, and there were—yeas 206, nays I asked for this time because I noticed Mr. LEWIS of Georgia. Mr. Speaker, 183, not voting 44, as follows: that the majority leader, the gen- I would like to yield to my colleague [Roll No. 479] tleman from Texas [Mr. ARMEY], is on from Texas [Mr. EDWARDS] for further YEAS—206 the floor of the House, and I would like inquiry of the majority leader. Aderholt Cunningham Horn to know something about the schedule Mr. EDWARDS. Would the distin- Archer Davis (VA) Hostettler for the rest of tonight and tomorrow. Armey Deal Hulshof guished majority leader be willing to Mr. Speaker, tomorrow is the begin- Bachus DeLay Hunter let me address a question to him? Does Baesler Diaz-Balart Hutchinson ning of a high holiday for many of our he feel it is fair to require Members of Ballenger Dickey Hyde Members. Barr Dixon Inglis this body to choose between their reli- Mr. ARMEY. Mr. Speaker, will the Barrett (NE) Doolittle Istook gious faith and their responsibility? gentleman yield? Bartlett Dreier Jenkins I believe I have a right to ask this. I Barton Duncan Johnson (CT) Mr. LEWIS of Georgia. I yield to the think this is a very serious issue, Mr. Bass Ehlers Johnson, Sam gentleman from Texas. Bateman Ehrlich Jones Speaker. Mr. ARMEY. Mr. Speaker, we are Bereuter English Kasich Mr. ARMEY. Mr. Speaker, if the gen- Bilbray Ensign Kelly about to do a motion to instruct of- tleman will yield, I will respond to the Bilirakis Everett Kim fered by the gentleman from Texas Bliley Ewing King (NY) gentleman. [Mr. DOGGETT]. The gentleman from Blunt Fawell Kingston The SPEAKER. The time of the gen- Boehlert Flake Klug Kentucky [Mr. WHITFIELD] is very tleman from Georgia [Mr. LEWIS] has Bonilla Foley Knollenberg much interested in this, as are other expired. Bono Forbes Kolbe Members, and we should expect that we Brady Fowler LaHood The Chair recognizes the gentleman should have a discussion of this matter Bryant Fox Latham from Texas [Mr. DOGGETT] to offer a Burr Franks (NJ) LaTourette and a vote, another vote, before we privileged motion. Burton Frelinghuysen Lazio complete our evening’s business. Buyer Gallegly Leach We will convene the House at 10 a.m. f Camp Ganske Lewis (CA) Campbell Gekas Lewis (KY) tomorrow morning, we will move as MOTION TO INSTRUCT CONFEREES Cannon Gibbons Linder quickly as we can to a consideration of ON H.R. 1757, FOREIGN RELA- Castle Gilchrest Livingston the rule on national monuments, and TIONS AUTHORIZATION ACT, FIS- Chabot Gillmor LoBiondo then again we will move as quickly as Chambliss Goode Lucas CAL YEARS 1998 AND 1999, AND Chenoweth Goodlatte Manzullo we can to consideration of national EUROPEAN SECURITY ACT OF Christensen Goodling McCollum monuments. We should then have com- 1997 Clyburn Goss McCrery pleted the legislative business we will Coble Graham McHugh Mr. DOGGETT. Mr. Speaker, I offer a have planned for tomorrow, and we Coburn Granger McIntosh privileged motion. Collins Gutknecht McKeon should be in a position for our Members The SPEAKER. The Clerk will report Combest Hastert Metcalf who are anxious about being home for Condit Hastings (WA) Mica the motion. the observation of holidays before the Conyers Hayworth Miller (FL) The Clerk read as follows: Cook Herger Moran (KS) sun goes down tomorrow evening to do Mr. DOGGETT moves that the managers on Cooksey Hill Morella so, except that we still have 14 votes the part of the House at the conference on Cox Hilleary Myrick that were ordered on the Suspension the disagreeing votes of the two Houses on Crapo Hobson Nethercutt Cubin Hoekstra Ney Calendar, and should those votes be in the bill, H.R. 1757, be instructed to reject September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8263 Northup Rogan Souder Martinez Paul Smith (OR) table and, under the rule, referred as Norwood Rogers Spence McDade Pomeroy Stokes Nussle Rohrabacher Stearns Moakley Roukema Yates follows: Pappas Ros-Lehtinen Stump Murtha Schiff Young (AK) S. 1198. An act to amend the Immigration Parker Royce Sununu Neumann Schumer Young (FL) and Nationality act to provide permanent Paxon Ryun Talent Oxley Shuster Pease Salmon Tauzin authority for entry into the United States of Peterson (MN) Sanford Taylor (NC) b 0030 certain religious workers; to the Committee Peterson (PA) Saxton Thomas Mr. FAWELL changed his vote from on the Judiciary. Pickering Scarborough Thornberry Pickett Schaefer, Dan Thune ‘‘yea’’ to ‘‘nay.’’ f Pitts Sensenbrenner Tiahrt So the motion to adjourn was agreed Pombo Sessions Upton to. Porter Shadegg Walsh The result of the vote was announced EXECUTIVE COMMUNICATIONS, Portman Shaw Wamp as above recorded. ETC. Pryce (OH) Shays Watkins Accordingly (at 12 o’clock and 34 Quinn Shimkus Watts (OK) Under clause 2 of rule XXIV, execu- minutes a.m.) the House adjourned Radanovich Skeen Weldon (FL) tive communications were taken from Rahall Smith (MI) Weldon (PA) until today, Wednesday, October 1, the Speaker’s table and referred as fol- Ramstad Smith (NJ) Weller 1997, at 10 a.m. Redmond Smith (TX) White lows: Regula Smith, Linda Wicker f Riggs Snowbarger Wolf SENATE BILL REFERRED 5258. A letter from the Director, Office of Riley Solomon Regulatory Management and Information, A bill of the Senate of the following Environmental Protection Agency, transmit- NAYS—183 title was taken from the Speaker’s ting the Agency’s final rule—Clean Air Act Abercrombie Hastings (FL) Owens table and, under the rule, referred as Reclassification; Nevada-Clark County Non- Ackerman Hefner Packard follows: attainment Area; Carbon Monoxide [NV029– Allen Hilliard Pallone 0003A FRL–5900–1] received September 30, Andrews Hinchey Pascrell S. 459. An act to amend the Native Amer- Baldacci Hinojosa Pastor ican Programs Act of 1974 to extend certain 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Barcia Holden Payne authorizations, and for other purposes; to Committee on Commerce. Barrett (WI) Hooley Pelosi the Committee on Resources. 5259. A letter from the Director, Office of Becerra Hoyer Petri f Regulatory Management and Information, Bentsen Jackson (IL) Poshard Environmental Protection Agency, transmit- Berry Jackson-Lee Price (NC) Bishop (TX) Rangel ENROLLED BILL AND JOINT ting the Agency’s final rule—Approval and Blagojevich Jefferson Reyes RESOLUTION SIGNED Promulgation of State Implementation Plans (SIP); Louisiana; Control of Volatile Blumenauer John Rivers Mr. THOMAS, from the Committee Bonior Johnson (WI) Rodriguez Organic Compound (VOC) Emissions; Reason- Boswell Johnson, E. B. Roemer on House Oversight, reported that that able Available Control Technology (RACT) Boyd Kanjorski Rothman committee had examined and found Catch-Ups; Major Source Definition Correc- Brown (CA) Kaptur Roybal-Allard truly enrolled a bill and a joint resolu- tions [LA–8–1–7346; FRL–5899–4] received Sep- Brown (FL) Kennedy (MA) Rush tion of the House of the following ti- tember 30, 1997, pursuant to 5 U.S.C. Brown (OH) Kennedy (RI) Sabo 801(a)(1)(A); to the Committee on Commerce. Capps Kennelly Sanchez tles, which were thereupon signed by Cardin Kildee Sanders the Speaker: 5260. A letter from the AMD—Performance Carson Kilpatrick Sandlin H.R. 2203. An act making appropriations Evaluation and Records Management, Fed- Clayton Kind (WI) Sawyer for energy and water development for the fis- eral Communications Commission, transmit- Clement Kleczka Schaffer, Bob cal year ending September 30, 1998, and for ting the Commission’s final rule—Amend- Costello Klink Scott ment of Part 90 of the Commission’s Rules to Coyne Kucinich Serrano other purposes. Cramer Lampson Sherman H.J. Res. 94. Joint resolution making con- Facilitate Future Development of SMR Sys- Cummings Levin Sisisky tinuing appropriations for the fiscal year tems in the 800 MHz Frequency Band; Imple- Danner Lewis (GA) Skaggs 1998, and for other purposes. mentation of Sections 3(n) and 322 of the Davis (FL) Lipinski Skelton f Communications Act—Regulatory Treat- Davis (IL) Lofgren Slaughter ment of Mobile Services; Implementation of DeFazio Lowey Smith, Adam SENATE ENROLLED BILL SIGNED Section 309(j) of the Communications Act— DeGette Luther Snyder The SPEAKER announced his signa- Competitive Bidding [PR Docket No. 93–144, Delahunt Maloney (CT) Spratt RM–8117, RM–8030, RM–8029; GN Docket No. DeLauro Maloney (NY) Stabenow ture to an enrolled bill of the Senate of 93–252; PP Docket No. 93–253; FCC 97–224] re- Dellums Mascara Stark the following title: Deutsch Matsui Stenholm ceived September 25, 1997, pursuant to 5 Dingell McCarthy (MO) Strickland S. 1211. An act to provide permanent au- U.S.C. 801(a)(1)(A); to the Committee on Doggett McCarthy (NY) Stupak thority for the administration of au pair pro- Commerce. Doyle McDermott Tanner grams. 5261. A letter from the AMD—Performance Edwards McGovern Tauscher f Evaluation and Records Management, Fed- Engel McHale Taylor (MS) eral Communications Commission, transmit- Eshoo McInnis Thompson BILLS PRESENTED TO THE ting the Commission’s final rule—Amend- Etheridge McIntyre Thurman PRESIDENT Evans McKinney Tierney ment of Section 73.202(b), Table of Allot- Farr McNulty Torres Mr. THOMAS, from the Committee ments, FM Broadcast Stations (Lake City, Fattah Meehan Towns on House Oversight, reported that that Minnesota) [MM Docket No. 97–133, RM–9086] Fazio Meek Traficant committee did on this day present to received September 25, 1997, pursuant to 5 Filner Menendez Turner the President, for his approval, a bill U.S.C. 801(a)(1)(A); to the Committee on Ford Millender- Velazquez Commerce. Frank (MA) McDonald Vento and a joint resolution of the House of Frost Miller (CA) Visclosky the following titles: 5262. A letter from the AMD—Performance Furse Minge Waters Evaluation and Records Management, Fed- H.R. 1420. An act to amend the National Gejdenson Mink Watt (NC) eral Communications Commission, transmit- Gephardt Mollohan Waxman Wildlife Refuge System Administration Act ting the Commission’s final rule—Amend- Gilman Moran (VA) Wexler of 1966 to improve the management of the ment of Section 73.202(b), Table of Allot- Gordon Nadler Weygand National Wildlife Refuge System, and for ments, FM Broadcast Stations (Temple and Green Neal Whitfield other purposes. Taylor, Texas) [MM Docket No. 96–219, RM– Gutierrez Oberstar Wise H.J. Res. 94. Joint resolution making con- 8881] received September 25, 1997, pursuant to Hall (TX) Obey Woolsey tinuing appropriations for the fiscal year 5 U.S.C. 801(a)(1)(A); to the Committee on Hamilton Olver Wynn 1998, and for other purposes. Harman Ortiz Commerce. f 5263. A letter from the AMD—Performance NOT VOTING—44 OMITTED FROM THE CONGRES- Evaluation and Records Management, Fed- Baker Clay Hall (OH) SIONAL RECORD OF MONDAY, eral Communications Commission, transmit- Berman Crane Hansen SEPTEMBER 22, 1997 ting the Commission’s final rule—Amend- Boehner Dicks Hefley ment of Section 73.202(b), Table of Allot- Borski Dooley Houghton ments, FM Broadcast Stations (Slidell and Boucher Dunn LaFalce Bunning Emerson Lantos SENATE BILL REFERRED Kenner, Louisiana) [MM Docket No. 97–102, Callahan Foglietta Largent RM–8969] received September 25, 1997, pursu- Calvert Gonzalez Manton A bill of the Senate of the following ant to 5 U.S.C. 801(a)(1)(A); to the Committee Canady Greenwood Markey title was taken from the Speaker’s on Commerce. H8264 CONGRESSIONAL RECORD — HOUSE September 30, 1997 5264. A letter from the AMD—Performance [Docket No. 96–NM–170–AD; Amdt. 39–10145; H.R. 10. Referral to the Committee on Evaluation and Records Management, Fed- AD 97–20–07] (RIN: 2120–AA64) received Sep- Commerce extended for a period ending not eral Communications Commission, transmit- tember 29, 1997, pursuant to 5 U.S.C. later than October 31, 1997. ting the Commission’s final rule—Amend- 801(a)(1)(A); to the Committee on Transpor- H.R. 1839. Referral to the Committee on ment of Section 73.202(b), Table of Allot- tation and Infrastructure. the Judiciary extended for a period ending ments, FM Broadcast Stations (Dickson and 5273. A letter from the General Counsel, not later than September 30, 1997. Kingston Springs, Tennessee) [MM Docket Department of Transportation, transmitting f No. 96–265, RM–8913] received September 25, the Department’s final rule—Airworthiness 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; General Electric Company CT58 PUBLIC BILLS AND RESOLUTIONS Committee on Commerce. Series Turboshaft Engines (Federal Aviation Under clause 5 of rule X and clause 4 5265. A letter from the AMD—Performance Administration) [Docket No. 97–ANE–15; of rule XXII, public bills and resolu- Evaluation and Records Management, Fed- Amdt. 39–10137; AD 97–19–17] (RIN: 2120–AA64) tions were introduced and severally re- received September 29, 1997, pursuant to 5 eral Communications Commission, transmit- ferred, as follows: ting the Commission’s final rule—Amend- U.S.C. 801(a)(1)(A); to the Committee on ment of Part 90 of the Commission’s Rules to Transportation and Infrastructure. By Mr. SMITH of Texas: Facilitate Future Development of SMR Sys- 5274. A letter from the General Counsel, H.R. 2578. A bill to amend the Immigration tems in the 800 MHz Frequency Band; Imple- Department of Transportation, transmitting and Nationality Act to extend the visa waiv- er pilot program, and to provide for the col- mentation of Sections 3(n) and 322 of the the Department’s final rule—Airworthiness lection of data with respect to the number of Communications Act—Regulatory Treat- Directives; de Havilland Model DHC–8–100, non-immigrants who remain in the United ment of Mobile Services; Implementation of -200, and -300 Series Airplanes (Federal Avia- States after the expiration of the period of Section 309(j) of the Communications Act— tion Administration) [Docket No. 97–NM–63– stay authorized by the Attorney General; to Competitive Bidding [PR Docket No. 93–144, AD; Amdt. 39–10147; AD 97–20–10] (RIN: 2120– AA64) received September 29, 1997, pursuant the Committee on the Judiciary. RM–8117, RM–8030; RM–8029; GN Docket No. By Mr. TALENT (for himself, Mr. 93–252; PP Docket No. 93–253; FCC 97–223] re- to 5 U.S.C. 801(a)(1)(A); to the Committee on DOOLEY of California, Mrs. EMERSON, ceived September 25, 1997, pursuant to 5 Transportation and Infrastructure. 5275. A letter from the Chair, Water Rights Mr. BISHOP, Ms. PRYCE of Ohio, Mr. U.S.C. 801(a)(1)(A); to the Committee on Task Force, transmitting the report of the STENHOLM, Mrs. FOWLER, and Mr. Commerce. Federal Water Rights Task Force, pursuant GOODE): 5266. A letter from the Acting Comptroller H.R. 2579. A bill to amend the Occupational General, General Accounting Office, trans- to Public Law 104—127, section 389(d)(3); jointly to the Committees on Agriculture Safety and Health Act of 1970 to further im- mitting a monthly listing of new investiga- prove the safety and health of working envi- tions, audits, and evaluations; to the Com- and Resources. 5276. A letter from the Inspector General, ronments, and for other purposes; to the mittee on Government Reform and Over- Railroad Retirement Board, transmitting Committee on Education and the Workforce. sight. the budget request for the Office of Inspector By Mrs. FOWLER (for herself, Mr. COX 5267. A letter from the Acting Director, Of- General, Railroad Retirement Board, for fis- of California, Mr. GIBBONS, Mr. GIL- fice of Sustainable Fisheries, National Oce- cal year 1999, pursuant to 45 U.S.C. 231f; MAN, Mr. HUNTER, Mr. HYDE, Mr. SAM anic and Atmospheric Administration, trans- jointly to the Committees on Appropria- JOHNSON, Mr. MCINTOSH, Mr. mitting the Administration’s final rule— tions, Transportation and Infrastructure, ROHRABACHER, Mr. ROYCE, Mr. Fisheries of the Northeastern United States; and Ways and Means. SHADEGG, Mr. SMITH of New Jersey, Summer Flounder Fishery; Commercial 5277. A letter from the Chairman, Railroad Mr. SOLOMON, Mr. SPENCE, Mr. WOLF, Quota Harvested for New Jersey (National Retirement Board, transmitting the Chair- and Ms. PELOSI): Oceanic and Atmospheric Administration) man’s comments regarding the budget level H.R. 2580. A bill to ensure that commercial [Docket No. 961210346–7035–02; I.D. 092297B] proposed by OMB for fiscal year 1999; jointly activities of the People’s Liberation Army of received September 29, 1997, pursuant to 5 to the Committees on Appropriations, Trans- China or any Communist Chinese military U.S.C. 801(a)(1)(A); to the Committee on Re- portation and Infrastructure, and Ways and company in the United States are monitored sources. Means. and are subject to the authorities under the 5268. A letter from the Acting Director, Of- 5278. A letter from the Labor and Manage- International Emergency Economic Powers fice of Sustainable Fisheries, National Oce- ment Members, Railroad Retirement Board, Act; to the Committee on International Re- anic and Atmospheric Administration, trans- transmitting the Board’s budget request for lations. mitting the Administration’s final rule—At- fiscal year 1999, pursuant to 45 U.S.C. 231f; By Mr. CAMPBELL: lantic Tuna Fisheries; Atlantic Bluefin Tuna jointly to the Committees on Appropria- H.R. 2581. A bill to protect the privacy of Angling Category [I.D. 091897A] received Sep- tions, Transportation and Infrastructure, individuals with respect to the Social Secu- tember 30, 1997, pursuant to 5 U.S.C. and Ways and Means. rity number; to the Committee on Ways and 801(a)(1)(A); to the Committee on Resources. f Means. 5269. A letter from the Assistant Adminis- By Mr. COBLE: trator, National Oceanic and Atmospheric REPORTS OF COMMITTEES ON H.R. 2582. A bill to amend title 10 and title Administration, transmitting the Adminis- PUBLIC BILLS AND RESOLUTIONS 14, United States Code, and the Merchant tration’s final rule— Dean John A. Knauss Marine Act, 1936, to increase the period of Marine Policy Fellowship National Sea Under clause 2 of rule XIII, reports of the service obligation for graduates of the Grant College Federal Fellows Program committees were delivered to the Clerk military service academies, the Coast Guard [Docket No. 970624154–7154–01] (RIN: 0648– for printing and reference to the proper Academy, and the United States Merchant ZA30) received September 30, 1997, pursuant calendar, as follows: Marine Academy; to the Committee on Na- to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BLILEY: Committee on Commerce. tional Security, and in addition to the Com- Resources. H.R. 1839. A bill to establish nationally uni- mittee on Transportation and Infrastruc- 5270. A letter from the General Counsel, form requirements regarding the titling and ture, for a period to be subsequently deter- Department of Transportation, transmitting registration of salvage, nonrepairable, and mined by the Speaker, in each case for con- the Department’s final rule—Hazardous Ma- rebuilt vehicles; with an amendment (Rept. sideration of such provisions as fall within terials Regulations; Editorial Corrections 105–285, Pt. 1). Referred to the Committee of the jurisdiction of the committee concerned. and Clarifications (Research and Special the Whole House on the State of the Union. By Mr. CUNNINGHAM: Programs Administration) [Docket No. Mr. LIVINGSTON: Committee on Appro- H.R. 2583. A bill to amend the Tariff Act of RSPA–97–2910 (HM–189N)] (RIN: 2137–AD09) priations. Report on the revised subdivision 1930 with respect to the marking of finished received September 29, 1997, pursuant to 5 of budget totals for fiscal year 1998 (Rept. golf clubs and golf club components; to the U.S.C. 801(a)(1)(A); to the Committee on 105–286). Referred to the Committee of the Committee on Ways and Means. Transportation and Infrastructure. Whole House on the State of the Union. By Ms. DELAURO (for herself, Mr. 5271. A letter from the General Counsel, FROST, Mr. MCGOVERN, Mr. HINOJOSA, DISCHARGE OF COMMITTEE Department of Transportation, transmitting Mr. SCHUMER, Mr. BALDACCI, Mr. the Department’s final rule—Airworthiness Pursuant to clause 5 of rule X the FRANK of Massachusetts, Mrs. Directives; Saab Model SAAB 2000 Series Committee on the Judiciary discharged THURMAN, Mr. MANTON, Mr. OLVER, Airplanes (Federal Aviation Administration) from further consideration H.R. 1839. and Mr. DELLUMS): [Docket No. 96–NM–213–AD; Amdt. 39–10144; Referred to the Committee of the H.R. 2584. A bill to provide a Federal re- AD 97–20–06] (RIN: 2120–AA64) received Sep- Whole House on the State of the Union. sponse to fraud in connection with the provi- tember 29, 1997, pursuant to 5 U.S.C. sion of or receipt of payment for health care f 801(a)(1)(A); to the Committee on Transpor- services, and for other purposes; to the Com- tation and Infrastructure. TIME LIMITATION OF REFERRED mittee on the Judiciary, and in addition to 5272. A letter from the General Counsel, BILL the Committee on Commerce, for a period to Department of Transportation, transmitting be subsequently determined by the Speaker, the Department’s final rule—Airworthiness Pursuant to clause 5 of rule X the fol- in each case for consideration of such provi- Directives; Airbus Model A300–600 Series Air- lowing action was taken by the Speak- sions as fall within the jurisdiction of the planes (Federal Aviation Administration) er: committee concerned. September 30, 1997 CONGRESSIONAL RECORD — HOUSE H8265

By Mrs. LOWEY (for herself and Mr. LOWEY, Mr. HORN, Mr. KENNEDY of Massachu- HASTERT, Mr. CRAPO, Mr. HOSTETTLER, Mr. OBERSTAR): setts, Ms. SANCHEZ, Mr. BROWN of California, NETHERCUTT, Mr. EVERETT, Mr. BARCIA of H.R. 2585. A bill to provide that service of Mr. POMBO, Ms. DELAURO, Mr. VENTO, Ms. Michigan, Mr. FRANKS of New Jersey, Mrs. the members of the group known as the CARSON, Mr. DELAHUNT, Mr. LAMPSON, Mr. CUBIN, Mr. HASTINGS of Washington, Mr. FOX United States Cadet Nurse Corps during FARR of California, Mr. NEAL of Massachu- of Pennsylvania, Mr. SUNUNU, MR. NEY, Mr. World War II constituted active military setts, Mr. KIND of Wisconsin, Mr. SHERMAN, LATOURETTE, Ms. ESHOO, Mr. DUNCAN, Mr. service for purposes of any law administered Mr. WOLF, and Mr. LOBIONDO. EWING, Mr. SENSENBRENNER, Mr. SHIMKUS, by the Department of Veterans Affairs; to H.R. 950: Ms. PELOSI. Mr. BONO, Mr. FROST, and Mr. STEARNS. the Committee on Veterans’ Affairs, and in H.R. 965: Mr. HOEKSTRA and Mr. NORWOOD. H.R. 2379: Mr. BURR of North Carolina, Mr. addition to the Committee on National Secu- H.R. 972: Mr. SALMON. HEFNER, Mrs. MYRICK, and Mr. ETHERIDGE. rity, for a period to be subsequently deter- H.R. 1114: Mr. BOSWELL, Mr. BLUNT, and H.R. 2441: Mr. BARRETT of Wisconsin. mined by the Speaker, in each case for con- Mr. KASICH. H.R. 2450: Mr. WOLF, Mr. STARK, Mrs. CLAY- sideration of such provisions as fall within H.R. 1126: Mr. PALLONE. TON, Mr. FILNER, and Mr. PASTOR. the jurisdiction of the committee concerned. H.R. 1129: Mr. BARCIA of Michigan. H.R. 2454: Mr. FOX of Pennsylvania, Mr. By Mr. MINGE (for himself, Mr. H.R. 1161: Mr. BLAGOJEVICH. BOUCHER, and Mr. SANDERS. CONDIT, Mr. NEUMANN, Mr. FROST, H.R. 1227: Mr. DUNCAN. H.R. 2456: Mr. HEFLEY, Ms. ROS-LEHTINEN, Mr. TANNER, and Mr. SANDLIN): H.R. 1231: Ms. EDDIE BERNICE JOHNSON of Mr. BILIRAKIS, and Mr. BARRETT of Nebraska. H.R. 2586. A bill to amend the Balanced Texas. H.R. 2457: Mr. FOX of Pennsylvania, Mr. Budget and Emergency Deficit Control Act H.R. 1356: Mr. CUNNINGHAM. FATTAH, Mr. COSTELLO, Mr. BOUCHER, and of 1985 to extend and clarify the pay-as-you- H.R. 1373: Mr. FATTAH. Mr. SANDERS. go requirements regarding the Social Secu- H.R. 1500: Mr. SMITH of New Jersey and H.R. 2458: Mr. RADANOVICH. rity trust funds; to the Committee on the Mrs. MORELLA. H.R. 2464: Mr. MCDERMOTT, Mr. YOUNG of Budget. H.R. 1507: Mr. BACHUS and Mr. FATTAH. Alaska, and Mr. BALDACCI. By Mrs. MYRICK: H.R. 1608: Mrs. MCCARTHY of New York, Ms. H.R. 2469: Mr. HASTERT, Mr. SAWYER, and H.R. 2587. A bill to require the Secretary of MILLENDER-MCDONALD, Mr. LOBIONDO, Mrs. Mr. CANNON. the Treasury to cause to be conducted an MINK of Hawaii, Mr. COOK, and Mrs. MYRICK. H.R. 2479: Mr. GIBBONS. independent audit of the Internal Revenue H.R. 1689: Mr. LINDER. H.R. 2493: Mr. GALLEGLY. Service; to the Committee on Ways and H.R. 1715: Mr. PETERSON of Pennsylvania. H.R. 2495: Mr. DOOLEY of California, Mr. Means. H.R. 1727: Mr. RUSH. GEJDENSON, and Ms. KAPTUR. By Mr. REYES (for himself, Mr. HUN- H.R. 1737: Mr. TOWNS, Mrs. KENNELLY of H.R. 2509: Mr. EVANS and Mr. MANZULLO. TER, Mr. BECERRA, Mr. FROST, Mr. Connecticut, Mr. NADLER, and Mrs. H.R. 2518: Mr. DEAL of Georgia, Mr. SKEEN, HINOJOSA, Mr. GREEN, Mr. BONO, Mr. TAUSCHER. and Mr. GRAHAM. TORRES, Mr. PASTOR, Mr. BOSWELL, H.R. 1766: Mr. CAMP, Mr. COOK, Mr. CONDIT, H.R. 2519: Mr. BROWN of Ohio and Mr. Mr. EDWARDS, and Mr. UNDERWOOD): Mr. BOEHLERT, Mr. ABERCROMBIE, Mr. LEWIS of Georgia. H.R. 2588. A bill to establish the Office of TIAHRT, Mr. BILIRAKIS, and Ms. WOOLSEY. H.R. 2524: Mr. LEWIS of Georgia, Mr. SABO, Enforcement and Border Affairs within the H.R. 1839: Mr. BARRETT of Wisconsin, Mr. Mr. TIERNEY, Mr. GEJDENSON, and Mr. Department of Justice; to the Committee on ADERHOLT, Mr. CUNNINGHAM, Mr. SKELTON, SKAGGS. the Judiciary. Mr. MASCARA, MS. KILPATRICK, Mr. MICA, and H.R. 2525: Mr. MCDERMOTT, Ms. MCKINNEY, By Ms. CHRISTIAN-GREEN (for her- Mr. BALDACCI. Mr. FILNER, Mr. JACKSON, Mr. FROST, Mr. self, Mr. DELLUMS, Ms. KILPATRICK, H.R. 1864: Mr. SALMON. DELLUMS, Mr. YATES, Mr. FRANK of Massa- Mr. FRANK of Massachusetts, Ms. H.R. 1984: Mr. HILLEARY, Mr. PORTER, and chusetts, Ms. FURSE, Mr. ACKERMAN, Mr. DELAURO, Mr. FILNER, Mr. SNYDER, Mr. GALLEGLY. BERMAN, Mr. STARK, Mrs. MINK of Hawaii, Mr. WATTS of Oklahoma, Ms. EDDIE H.R. 2004: Mr. BISHOP. Mr. WAXMAN, Mr. MILLER of California, and BERNICE JOHNSON of Texas, Mr. LIPIN- H.R. 2023: Mr. GUTIERREZ. Mr. BROWN of California. SKI, Mr. FROST, and Mr. DIXON): H.R. 2069: Mr. BROWN of Ohio. H.R. 2554: Mrs. JOHNSON of Connecticut. H. Con. Res. 161. Concurrent resolution rec- H.R. 2110: Mr. DEFAZIO. H.R. 2560: Mr. DICKEY, Mr. BERMAN, Mr. ognizing the 150th anniversary of the eman- H.R. 2116: Mr. SMITH of New Jersey, Mr. HILLIARD, Mr. NADLER, Mr. ADAM SMITH of cipation of African slaves in the Danish West FRELINGHUYSEN, and Mr. BISHOP. Washington, Mr. MEEHAN, Mr. TOWNS, Ms. Indies, now the United States Virgin Islands; H.R. 2121: Mr. LEWIS of Georgia. LOFGREN, Mr. HUTCHINSON, Mr. REYES, Mr. to the Committee on the Judiciary. H.R. 2122: Mr. ADERHOLT. FROST, Ms. KILPATRICK, Mr. DEFAZIO, Ms. By Mr. ROHRABACHER: H.R. 2140: Mr. FORD. EDDIE BERNICE JOHNSON of Texas, Mr. KEN- H. Con. Res. 162. Concurrent resolution re- H.R. 2167: Mr. BOUCHER. NEDY of Massachusetts, Mr. ENGEL, Mr. lating to the recent developments toward H.R. 2174: Mr. FAZIO of California, Mr. CUMMINGS, Mr. MATSUI, Mr. CONYERS, Mr. normalization of relations between India and RUSH, Ms. NORTON, Mr. MATSUI, Mr. HINCHEY, CLAY, Ms. DELAURO, Mr. DELLUMS, Ms. Pakistan; to the Committee on International Mr. MCDERMOTT, Mr. SCHUMER, Ms. CHRISTIAN-GREEN, Mr. BARCIA of Michigan, Relations. DELAURO, and Mrs. MEEK of Florida. Mr. CLYBURN, Mr. WYNN, Ms. WOOLSEY, Mr. f H.R. 2183: Mr. DUNCAN. JACKSON, Mr. RUSH, Mrs. MINK of Hawaii, Mr. H.R. 2190: Mr. HYDE. DIXON, and Mr. WATTS of Oklahoma. ADDITIONAL SPONSORS H.R. 2195: Mr. HYDE, TRAFICANT, and Mr. H.R. 2563: Mr. HULSHOF. Under clause 4 of rule XXII, sponsors WATTS of Oklahoma. H.R. 2568: Mr. POSHARD and Mr. UPTON. were added to public bills and resolu- H.R. 2223: Mr. GRAHAM. H. Con. Res. 55: Mr. MORAN of Virginia. tions as follows: H.R. 2224: Mr. ENGLISH of Pennsylvania, H. Con. Res. 65: Mr. SHAW. Ms. CARSON, Mr. HASTINGS OF Florida, and H. Con. Res. 80: Mr. CAPPS. H.R. 12: Mrs. MORELLA. Mr. FROST. H. Con. Res. 106: Mrs. MEEK of Florida, Mr. H.R. 59: Mr. KASICH and Mr. CHAMBLISS. H.R. 2231: Ms. DUNN of Washington, Mr. YATES, Ms. DELAURO, Mr. DEFAZIO, Mrs. H.R. 135: Mr. CONDIT, Mr. VENTO,, Mr. SESSIONS, and Mr. CAMP. MALONEY of New York, and Mrs. JOHNSON of ORTIZ, and Mr. SOLOMON. H.R. 2292: Mr. CONDIT, MR. CRANE, Mr. H.R. 145: Mr. BENTSEN and Mr. DINGELL. Connecticut. THOMAS, Mr. PETERSON of Minnesota, Mr. H.R. 211: Mr. THOMPSON. H. Con. Res. 151: Mr. THOMAS. SHAW, Mr. HOLDEN, Mr. BUNNING of Ken- H.R. 292: Mr. COBURN. H. Con. Res. 158: Mr. BALLENGER. tucky, Mr. HOUGHTON, Mr. DOOLEY of Califor- H.R. 450: Mr. NUSSLE. H. Res. 247: Mr. LEWIS of Georgia and Mr. H.R. 598: Mr. CANADY of Florida. nia, Mr. HERGER, Mr. MCCRERY, Mr. CAMP, SNYDER. H.R. 600: Ms. CHRISTIAN-GREEN. Mr. RAMSTAD, Mr. NUSSLE, Mr. SAM JOHNSON, H.R. 705: Mr. STEARNS. Ms. DUNN of Washington, Mr. COLLINS, Mr. f H.R. 715: Mr. JACKSON. ENGLISH of Pennsylvania, Mr. ENSIGN, Mr. H.R. 716: Mr. CRAPO. CHRISTENSEN, Mr. WATKINS, Mr. HAYWORTH, H.R. 754: Mrs. MCCARTHY of New York. Mr. WELLER, Mr. HULSHOF, Mr. ARMEY, Mr. DELETIONS OF SPONSORS FROM H.R. 795: Mr. GUTIERREZ. STRICKLAND, Mr. KASICH, Mr. KOLBE, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 815: Mr. ENGEL, Mrs. LOWEY, Mr. BOEHNER, Mr. CHABOT, Mr. PARKER, Mr. Under clause 4 of rule XXII, sponsors PAYNE, and Mr. PORTMAN. LAZIO of New York, Mr. PICKERING, Mr. GOSS, were deleted from public bills and reso- H.R. 875: Mr. GREENWOOD and Ms. CARSON. Mr. WATTS of Oklahoma, Mrs. KELLY, Mr. H.R. 915: Mr. KUCINICH, Mr. REYES, Mr. GILLMOR, Mr. REGULA, Mr. PETRI, Ms. PRYCE lutions as follows: HINCHEY, Mr. ABERCROMBIE, Mr. STARK, Mrs. of Ohio, Mr. DREIER, Mr. HOBSON, Mr. H.R. 1171: Mr. MASCARA. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, SEPTEMBER 30, 1997 No. 133 Senate The Senate met at 10 a.m., and was Following the 11 a.m. cloture vote, DISTRICT OF COLUMBIA called to order by the President pro the Senate will continue debating APPROPRIATIONS ACT, 1998 tempore [Mr. THURMOND]. amendments to the D.C. appropriations The PRESIDING OFFICER. The Sen- bill with the hope of finishing action ate will now resume consideration of S. PRAYER on that bill during today’s session. In 1156, which the clerk will report. The Chaplain, Dr. Lloyd John addition, the Senate will consider the Ogilvie, offered the following prayer: continuing resolution at some point The bill clerk read as follows: A bracing word from the Lord calls during the session. A bill (S. 1156) making appropriations for us to prayer. Through Isaiah He says, As previously ordered, the Senate the Government of the District of Columbia ‘‘Woe to those who call evil good and will recess from 12:30 p.m. to 2:15 p.m. and other activities chargeable in whole or good evil; who put darkness for light in order for the weekly policy lunch- in part against the revenues of said District and light for darkness; who put bitter for the fiscal year ending September 30, 1998, eons to meet, and the Senate may also and for other purposes. for sweet and sweet for bitter. Woe to return to consideration of S. 25 regard- those who are wise in their own eyes ing the financing of political cam- The Senate resumed consideration of and prudent in their own sight.’’—Isa- paigns or any conference reports that the bill. iah 5:20–21. are cleared for Senate action. There- Pending: Let us pray. fore, Members can anticipate addi- Coats modified amendment No. 1249, to Almighty God, we reaffirm the abso- tional rollcall votes throughout the provide scholarship assistance for District of lutes of Your Commandments and the day. Columbia elementary and secondary school irreducible mandates of the Bible. We f students. commit ourselves to those principles Wyden amendment No. 1250, to establish rather than our own prejudices. Make CONGRATULATIONS TO THE that it is the standing order of the Senate us moral and spiritual leaders of our KENNEDY FAMILY that a Senator who objects to a motion or matter shall disclose the objection in the culture and not chameleon emulators Mr. COATS. Mr. President, I want to CONGRESSIONAL RECORD. of the equivocations of our time. Help take a moment here to congratulate Graham-Mack-Kennedy amendment No. us to discern Your good and reject the the Senator from Massachusetts for 1252, to provide relief to certain aliens who clever distortions of evil. May we be winning a major sailing race this past would otherwise be subject to removal from people of the light who dispel the dark- weekend, and he did not hire a profes- the United States. ness of deceit. Keep us from solicitous sional crew. He used his sister and son Mack-Graham-Kennedy amendment No. sweetness or unforgiving bitterness. and family and came in first, which is 1253 (to amendment No. 1252), in the nature Dear God, bless the women and men no small feat. The Senator deserves our of a substitute. of this Senate with the divine wisdom congratulations for that, and hopefully AMENDMENT NO. 1249 to lead and the greatness to inspire our we can get off to a good debate this The PRESIDING OFFICER. The beloved Nation. Through our Saviour morning on vouchers with the Senator pending question is the Coats amend- and Lord. Amen. feeling so good about winning that ment No. 1249. Who yields time? f race. Mr. COATS. Mr. President, I yield Mr. KENNEDY. Mr. President, if the myself 3 minutes. RECOGNITION OF THE ACTING Senator will yield, I thank the Senator The PRESIDING OFFICER. The Sen- MAJORITY LEADER very much for his kind comments, once ator from Indiana. The PRESIDENT pro tempore. The in awhile, it’s nice to win something able acting majority leader, Senator around here. Mr. COATS. I am pleased that over COATS, is recognized. I thank the Senator for his com- the last few days we have had the op- f ments. portunity to debate what I think is a Mr. COATS. It was clearly a family very vital and very important issue, SCHEDULE affair, Mr. President, and congratula- particularly one that affects low-in- Mr. COATS. Mr. President, this tions to the entire Kennedy family for come children in the District of Colum- morning the Senate will resume con- that. bia. We have had a number of debates sideration of the Coats amendment No. f on the Senate floor on the question of 1249 to S. 1156, the D.C. appropriations vouchers for students to have a choice bill. Under the order, there will be 1 RESERVATION OF LEADER TIME to attend another school because the hour of debate prior to the cloture vote The PRESIDING OFFICER (Mr. BEN- parents do not feel the school their on the Coats amendment regarding NETT). Under the previous order, the child is in is providing the education school choice. leadership time is reserved. they need to succeed.

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

S10185 S10186 CONGRESSIONAL RECORD — SENATE September 30, 1997 We have a particularly acute situa- Mr. KENNEDY. I yield myself 10 min- States, and it is a travesty of respon- tion in the District of Columbia where- utes. sible action for them to attempt to by a number of children find them- Mr. President, I oppose the voucher foist their discredited idea on the long- selves trapped in schools, in particu- amendment to the District of Columbia suffering people and long-suffering pub- larly low-income, primarily minority appropriations bill. Students in the lic schools of the District of Columbia. neighborhoods, with virtually no way District of Columbia deserve good pub- If vouchers are a bad idea for the public out. We know that many aspire to be lic schools, safe public schools, well- schools in 50 States, they are a bad pro athletes, and I join that group that trained teachers and a decent edu- idea for the public schools of the Dis- aspires to do that, but unfortunately cation. Vouchers will undermine all of trict of Columbia, too. God only gives a very select few the these essential goals by undermining Many of us in Congress favor D.C. kind of talent to do that. Education is the public schools, not helping them. home rule and many of us in Congress one of the primary ways for young peo- Vouchers will simply subsidize pri- believe that the people of the District ple to better their circumstances, par- vate school tuition for 3 percent of the of Columbia should be entitled to have ticularly in situations where children students in the public schools and voting representation in the Senate of limited means or practically no leave the other 97 percent of the stu- and the House, like the people in every means find themselves locked in a situ- dents even worse off. Public funds State. It is an embarrassment to our ation that gives them no choice. Then should be used for public school re- democracy that the most powerful de- their opportunities for meaningful and forms that help all students, not to pay mocracy on Earth denies the most gainful employment in the workplace for a few public school students to at- basic right of any democracy—the or for continued education to give tend private and religious schools. Our right to vote—to the citizens of the Na- them better opportunities is forfeited. goal is to improve public schools, not tion’s Capital. The D.C. Scholarship Program is encourage families to abandon them. The District of Columbia is not a test something that Senator LIEBERMAN We all want the children of the Dis- tube for misguided Republican ideo- and I have coauthored and have worked trict of Columbia to get the best pos- logical experiments on education. to pass. We are moving toward a very sible education. We should be doing Above all, the District of Columbia is important vote at 11 o’clock that will more, much more, to support efforts to not a slave plantation. Republicans in allow us to continue the debate, which improve the local schools in the Dis- Congress should start treating the peo- I think is not just a debate focused on trict. We should oppose any plan that ple of the District of Columbia with the this bill but a debate that this Senate, would undermine these efforts. respect that they deserve. Congress, the President, and the entire A year ago, as part of an overall ef- General Becton, local leaders, and country should be engaging in: How do fort to deal more effectively with the D.C. parents are working hard to im- we improve our education system? It serious financial and other challenges prove all D.C. public schools for all has been nearly a decade and a half facing the District of Columbia, Gen. children. Congress should give them its since the report ‘‘A Nation at Risk.’’ Julius Becton was appointed to im- support, not undermine them. That report cited the mediocrity of prove the D.C. schools. General Becton We have here, Mr. President, the ex- American public education. There have asked for $87 million to make the criti- amples of some of the activities that been a number of reforms that have cal repairs necessary to ensure that all are taking place in the Walker Jones taken place in different parts of the schools would be ready to open for the Elementary School in Northwest Wash- country, but it seems that those who 1997–98 school year on time, yet only ington working with the Laboratory are left behind are those who occupy $50 million was appropriated by Con- for Student Success, using Community low-income homes, mostly minority gress to repair the schools. Requests for Learning, a research-based reform students in failing schools, urban for additional funding were initially model, and it is working. The concept school systems. denied and were only made available is called whole school reform. With in- Now, our goal is not to replace the by Congress at the last minute. So creased and more intensive teacher public school system in the District of Congress bears part of the responsibil- training, in proven methods and mate- Columbia or anywhere else. Clearly, ity for the continuing problems of the rials geared toward better student given the number of students we have, D.C. schools, including the festering learning, student test scores have im- the limited availability of private problems that led to the embarrassing proved. After 6 months in the program, schools, we need to find ways to delayed opening of the schools this fall. the school raised its ranking in the strengthen the public school system. This voucher amendment would fur- District on reading scores from 99th in We believe that this offers an oppor- ther undermine General Becton’s ef- 1996 to 36th in 1997. In math, the school tunity to provide that impetus, that forts just as he is making headway in climbed from 81st in the District to spur, to help move along the necessary repairing D.C. schools, increasing secu- 18th. It is working. These kinds of in- reforms in the D.C. public school sys- rity and developing effective ways to vestments are working in this particu- tem. We also believe it offers an oppor- improve the schools and help all stu- lar school. tunity to 2,000 children in the District dents reach academic standards. The John Tyler Elementary School to better their situation, to utilize the In addition, the voucher system in Southeast Washington uses the voucher to provide an opportunity for a would impose yet another bureaucracy, Comer School Development Model Pro- better education. So this bill would another federally appointed board on gram to restructure school manage- provide scholarships for 2,000 young the District of Columbia to use Federal ment, curriculum, and teacher train- people in grades K through 12 in the funds to implement the voucher sys- ing. Teachers focus on reading and District of Columbia that are at or tem. The nominations of six of the math instruction as well as hands-on below 185 percent of poverty. It would seven board members would be con- learning in science and math. All of the also provide tutoring help for those trolled by Republican leaders of Con- students in the Tyler School, of whom who chose to stay within the public gress. Only one representative of the 95 percent come from low-income fami- schools but needed some assistance in District of Columbia would serve on lies, are benefiting from the reforms. terms of reading and math. the corporation. Academic achievement is going up. It Mr. President, I yield at this particu- Instead of supporting local efforts to is improving. lar time. I know we have a limited revitalize the schools, the voucher pro- Spingarn High School in Northeast amount of time. Senator LIEBERMAN ponents are attempting to make D.C. Washington has extended the day be- and I will be dividing that time up, and public schools a guinea pig for an ideo- cause they felt that school safety was a I believe we have one or two other logical experiment in education that first priority. The school is a safe speakers on our side. voters in the District of Columbia have haven for students, and the academic The PRESIDING OFFICER. Who soundly rejected and that voters across standards are going up. yields time? the country have soundly rejected, too. The District of Columbia has created Mr. KENNEDY addressed the Chair. Our Republican colleagues have clearly the so-called Saturday academies for The PRESIDING OFFICER. The Sen- been unable to generate any significant students who read below grade level. ator from Massachusetts. support for vouchers in their own The Saturday curriculum reinforces September 30, 1997 CONGRESSIONAL RECORD — SENATE S10187 the weekly instruction and benefits reform, but it is a principal part of the public school system? I submit we from a reduced student-teacher ratio, answer. Public schools in States across should not. It is not fair to the kids. and the results show that it is working. the country are starved for funds, and Listen to the statistics. These are These are examples of what is taking so are the D.C. public schools. just the facts. No. 1, 78 percent of the place in the District of Columbia, We saw an example just this morn- fourth grade students are below basic working for all students. They should ing. The Ballou Senior High School reading achievement levels in the Dis- be encouraged. They should be ex- here in the District was forced to close trict of Columbia. I chaired this sub- panded. They should be given the re- due to a leaky roof caused by the week- committee. I have held numerous hear- sources to be able to implement those end rainstorms. Students were sent to ings on this. I have gone to the schools. programs. Douglass Junior High School, one of These are the facts. Mr. President, $7 million would pro- the buildings closed by the District. No. 2, 11 percent of the students in vide afterschool programs for every Again, the students of the D.C. schools the D.C. public schools have avoided school in the District of Columbia. suffered because of poor facilities. going to school for safety reasons. That would benefit all students, not Seven million dollars would begin the Fact No. 3, 11 percent of the students just a very small group. critical repairs to the 80 buildings that in the D.C. public schools report being Scarce education funds should be tar- did not get new roofs this year, to threatened or injured with a weapon geted to public schools. They do not make sure that this will not happen to during the past school year. have the luxury of closing their doors other schools. Fact No. 4, this amendment provides to students who pose challenges, such We know what works in school re- low-income students and their parents as children with disabilities, limited form. Steps are available with proven a choice, a choice they currently do English-proficient children, or home- records of success to improve teaching not have under the D.C. public school less students. Vouchers will not help and instruction, reduce crowded class- system. Right now, pupils in the Dis- children who need the most help. rooms, and bring schools into the world trict do not have a choice but to risk Voucher proponents argue that of modern technology—let alone re- their lives and their potential for edu- vouchers increase choice for parents. pairing crumbling schools facilities cational achievement by going to the But parental choice is a mirage. Pri- and making classrooms, corridors, and D.C. public schools. vate schools apply different rules than playgrounds safe for children trying Fact No. 5, General Becton, who public schools. Public schools must ac- their best to learn in conditions that heads the reform in the District of Co- cept all children. Private schools can no private schools would tolerate. lumbia public schools, said, ‘‘Give me decide whether to accept a child or not. Too often, with good reason, children to the year 2000. We will fix the schools The real choice goes to the schools, not in too many public schools in too many up by the year 2000.’’ And I am behind the parents. The better the private communities across the country feel the General and the work he is trying school, the more parents and students left out and left behind. Vouchers will to do to make these public schools bet- are turned away. only make that problem worse. Three ter. But if you are a first grade student In fact, many private schools require percent of the students would be helped that means you are going to be in the children to take rigorous achievement by enabling them to attend private first and second and third grade in tests, at the parents’ expense, as a schools, while 97 percent of the stu- these schools that have failed the kids. basic for admission to the private dents are left even farther behind. And they have failed the children. schools. Lengthy interviews and com- Supporting a few children at the ex- Some of them have worked, but overall plex selection processes are often man- pense of all the others is a serious mis- they have failed the students. They datory. Private schools impose many take. We don’t have to abandon the have to learn to read and write and add barriers to admission. Few parents can public schools in order to help. We and subtract during those 3 years. That even get to the schoolhouse door to should make investments that help all time is too valuable to condemn those find out if it is open to their child. For children in the D.C. schools to obtain a students to that type of situation. the vast majority of families with chil- safer and better education. I hope my It is not fair to the kids. If they had dren in public schools, the so-called colleagues will reject this amendment. the wherewithal, if they had the in- school choice offered by the voucher Again, we should not impose on the come, a number of them would move scheme is a hollow choice. District of Columbia what voters in out to different schools in Maryland or Public schools must take all chil- other States don’t want. In the last Virginia or to private schools. They dren, and build a program to meet each year, voters in Colorado, Washington, don’t have the option to be able to do of their needs. Private schools only and California have rejected the vouch- that. This is not fair to the kids, to take children who fit the guidelines of ers. In the past 10 years, State legisla- condemn them to this system. All we their existing programs. We should not tures in 16 States have voted this down. are asking is for students below that use public tax dollars to support Even the Texas legislature rejected certain level of poverty, that they be schools that choose some children, and even the vouchers this year, and we able to have the possibility of doing reject others. should as well. what most of the Members—in fact all There are also serious constitutional I reserve the remainder of our time. we have been able to find, of the 95 that objections to the voucher scheme. The Mr. COATS. Mr. President, I yield 4 we surveyed and got ahold of—all of vast majority of private schools that minutes to the Senator from Kansas. the Members in the U.S. Senate do, and charge tuition below $3,200 are reli- The PRESIDING OFFICER. The Sen- that is send their children to other gious schools. Providing vouchers to ator from Kansas. schools because this system has failed. sectarian schools violates the estab- Mr. BROWNBACK. Mr. President, I This system has failed the children, ac- lishment clause of the first amendment note at the outset we should not im- cording to the District of Columbia of the U.S. Constitution. In many pose on the children of the District of control board itself. This system has States voucher schemes would violate Columbia what Members of the U.S. failed the children. Let’s not condemn the State constitution, too. Courts in Senate are not willing to do. We did a that first grader, that second grader, Wisconsin, Ohio, and Vermont have all survey of Members of the U.S. Senate that third grader, not to be able to reached decisions this year upholding to find out how many sent their chil- read or write by not allowing this the ruling that the use of public funds dren to the District of Columbia public choice. to pay for vouchers for religious schools. Of the 100 Members of the U.S. One of my highest priorities as the schools is unconstitutional. Senate, we were able to get ahold of 95 chairman of the Senate Subcommittee If voucher proponents genuinely offices. We have not found an office yet on Oversight of Government Manage- wanted to help the children of the Dis- that sends their children to the Dis- ment, Restructing, and the District of trict of Columbia obtain a good edu- trict of Columbia public schools. Columbia, is to make sure the children cation, they would use the $7 million in Should we require students whose in the Nation’s capital are receiving this amendment to support reform ef- families do not have the income to be the quality education they deserve. forts to improve the public schools. able to either move to other schools or The District’s public schools, unfortu- Money is not the only answer to school to go to private schools to stay in this nately, have failed too many students. S10188 CONGRESSIONAL RECORD — SENATE September 30, 1997

I’m pleased to join Senators COATS, The focus of this amendment is on you learn a lot of interesting things. LIEBERMAN, and LANDRIEU in offering the low-income student in the D.C. For example, a new board of directors this amendment to empower students public schools. By providing up to is set up. This is a bureaucracy, folks and their parents in the District with a $3,200 in individual scholarships to low- —a new bureaucracy. The board of di- choice in their education. income families who will choose the rectors are going to be political ap- I, along with the distinguished rank- school for their children, this amend- pointees, political appointees. So here ing member of my subcommittee, Sen- ment would give these students the we have a lot of talk about, ‘‘get gov- ator LIEBERMAN, have held hearings to chance to make sure the next three ernment out of our lives,’’ and who is explore options to improve public edu- school years do not go to waste while going to decide this? Political ap- cation in the District. I know there are General Becton improves the D.C. pub- pointees: The Speaker of the House, public schools which are working and lic schools. Improving the chances for NEWT GINGRICH, is going to recommend where students are thriving in their these children to get the education these appointees to the President. learning environment. I had the privi- they need is one of the most fundamen- Guess what, buried in that bill, the lege to visit two schools in the Dis- tal elements to restore the Nation’s people who sit on these boards can earn trict: Stuart-Hobson Middle School and capital into the shining city the United up to $5,000 a year in a stipend. That Options Public Charter School. I was States deserves. $5,000 is more than the tuition check impressed by the success of their edu- Mr. President, I ask the Members to for the child. So we are creating a lit- cational programs and how the stu- support the Coats amendment and tle cushy new bureaucracy here, with dents took pride in their education. yield the floor. political appointees, to help 3 percent The Options Public Charter School was The PRESIDING OFFICER. Who of the kids, which I contend would not especially interesting as an example yields time? be helped. for future charter schools in the Dis- Mr. KENNEDY. I yield 5 minutes to So, I feel Members ought to look at trict to follow. These schools, unfortu- the Senator from California. this. My State, California, has rejected nately, are exceptions in the District The PRESIDING OFFICER. The Sen- vouchers twice. Let me tell you the public school system. ator from California. reason. The reason is they want to help The overall facts about the District Mrs. BOXER. Mr. President, I say to 100 percent of the kids. They are smart. public schools speak for itself: 78 per- my friend from Massachusetts, thank They know the answer lies in better cent of fourth grade students are below you for leading this side. schools. That’s why we backed charter basic reading achievement levels; 11 Mr. President, this amendment—and schools, that’s why we want national percent of the D.C. public schools have this is the reason why we are voting standards, to make sure that our chil- avoided going to school for safety rea- against cloture—this amendment dren are living up to their potential. So sons; and 11 percent of the students re- would use $7 million of public taxpayer these are the things that we want to do port being threatened or injured with a funding to pay tuition at private in California. weapon during the past year. We can- schools. We are in battle to balance the Mr. President, we could take this $7 not continue to trap these students in budget. I am proud to say we are mak- million and we could do a lot of repairs an educational system that is failing ing great progress. But I know that on some of these D.C. schools. Some of them. Americans agree that education is a them need boilers, because it is freez- This amendment provides low income priority and, while we cannot give ing in those schools. We could set up an students a choice they currently do not every child a scholarship, while we can- after-school program. That is so impor- have under the D.C. public school sys- not do everything we want to do, while tant. We are doing it in Los Angles and tem. Right now, pupils in the District we cannot fund, as we would like, Sen- Sacramento, so these kids have some- do not have a choice but to risk their ator CAROL MOSELEY-BRAUN’s incred- thing to say ‘‘Yes’’ to after school. We lives and their potential for edu- ible initiative as we rebuild our crum- could set up many of those after-school cational achievement by going to the bling schools—while we cannot do that, programs with this $7 million. By the D.C. public schools. Right now, stu- here we are diverting $7 million of tax- way, just take the half-million off the dents in the District do not have a payer funds and giving them to private top you are going to use for this new choice but to go to a D.C. public school schools. bureaucracy, you could fix a lot of knowing the glaring reality that the Who are we helping in the District of schools. You could put after-school longer they remain in the D.C. public Columbia? Who, under this idea, do we programs in. You could mentor a lot of schools, the less likely they will suc- contend would be helped? Mr. Presi- children. ceed. The Coats-Lieberman- dent, 2,000 out of 78,000 children; 3 per- So I want quality schools for every Brownback-Landrieu amendment cent. It is the 3 percent solution when child in America. I think this is a sur- would give low-income students and we need a 100 percent solution. You render. This is a surrender. And even parents the choice to enroll their chil- know, you could really debate whether with it, if it went into place, in my dren in a safe environment with high 3 percent of the kids would be helped. view it would encourage these new lit- quality education at a private school. Because I have read this proposal, and tle schools to pop up, untested, because Under this amendment, the parents I have to tell you, if I were for vouch- somebody would get the idea: Oh, this and the students are empowered with a ers I would have written it a little dif- is great. I can get $3,500 per child. I will choice in their education. It is an im- ferently. Why do I say that? This al- just set up my own school. And con- mediate solution to an immediate cri- lows schools to spring up, mom-and- vince this board of directors that is po- sis in the District. pop-shop schools, untested, if they can litically appointed that they ought to Gen. Julius Becton, chief executive show that they can draw 25 children. be allowed to continue. officer and superintendent of the Dis- Untested schools will spring up to grab I hope we are going to reject this. I trict of Columbia Public Schools, and this new source of funding from Uncle do not doubt for one moment that the the District of Columbia Emergency Sam. Because, as we know, the good people who put this forward are very Transitional School Board of Trustees schools that are touted around here, sincere and caring about children. I have said that they will make signifi- No. 1, many of them are filled up; No. just think it will have unintended con- cant improvements by the year 2000, 2, most of them charge at least twice sequences. I hope we will vote this and I recognize and respect the work the tuition that these children will get. down. that lies ahead of them. But the year So we are, in essence, going to start a I thank my colleague from Massachu- 2000 is 3 school years away. In three whole new cottage industry of people setts and I yield the remainder of my school years, a child progresses popping up with ‘‘new schools,’’ to grab time to him. through grades one through three in this taxpayer money. To supposedly Mr. KENNEDY. Will the Senator which they learn to read, write, add, help 3 percent of the kids. I contend 3 yield just for a question? subtract, and so forth. These 3 school percent of the kids will not be helped Mrs. BOXER. I believe I yielded my years are too valuable to force these by going to some of those operations. time back to the Senator. students to continue in the public So, I hope my colleagues will read Mr. KENNEDY. I yield the Senator 3 school system that has not delivered. this proposal because, if you read it, more minutes, if we need to. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10189 Mrs. BOXER. Yes. here a pie chart that talks about peo- school system in America—twice the Mr. KENNEDY. Seven years ago, 53 ple who attend D.C. public schools. national average, more than twice the percent of the D.C. teachers were not These are the cold realities of the situ- number of teachers in the District of certified. Last year that number had ation: 52.9 percent of them drop out of Columbia send their children to private dropped to 33 percent. In 1997, all new D.C. public schools before they grad- schools as the national average. Yet teachers are going to be certified and uate. So, obviously, they don’t have a the test scores continue to reflect fail- existing teachers who are here must be chance of going to college. ure, and this is not new. certified by January, 1998, or risk dis- Of the less than half who graduate, The failure of the D.C. schools to de- missal. Is that the kind of reform that 22.1 percent of all people who are in the liver in terms of hard achievement are you are talking about, a comprehensive system never take the SAT test that well documented, and they have been solution, rather than helping just a few would allow them an opportunity, if in existence for a long time. Why not children? Programs that enhance the they are successful, to attend a major spend $7 million to give people a training and bring teachers up to speed college or university. chance to compete? For God’s sakes, so they have world class standards and Of those who take the test, half make this is something we ought to do. We world class certification, to be able to below 796 on the test. That is below the ought to be ashamed of denying these work with all children? Is that the minimum standard set by most major children an opportunity to compete. I kind of thing that the Senator from colleges or universities in this region yield the floor. California is talking about? of the country. The PRESIDING OFFICER (Mr. Mrs. BOXER. Absolutely. I am talk- So to begin with, roughly only one GRAMS). Who yields time? ing about quality schools for 100 per- out of eight students has any chance in Mr. KENNEDY. Mr. President, how cent of the children, and I think the the world of attending a major college much time remains on our side? chart behind the Senator from Massa- or university. That is the quality of The PRESIDING OFFICER. The Sen- chusetts explains the situation: the system that we see defended today ator from Massachusetts has 8 minutes Restructure the whole school; foster by people who are willing to let chil- remaining. world-class instruction; extend the dren go to schools that don’t teach, Mr. KENNEDY. I yield 6 minutes, or school day; enhance family centered that don’t deliver, that don’t produce more, if the Senator from Illinois learning. quality in order to defend teachers wants it. I talked about after school. Senator unions and vested interests. The PRESIDING OFFICER. The Sen- CAROL MOSELEY-BRAUN talks about fix- Let me show you the next chart. The ator from Illinois. ing the crumbling schools. This is what next chart basically points out where Ms. MOSELEY-BRAUN. Thank you we ought to be doing, not surrendering we are in the District of Columbia as very much, Mr. President. To my col- and giving these dollars to private in- compared to what is required to actu- league and friend from Texas, I raise stitutions, some of them that are going ally be successful and go on to a col- the point that this is not just a matter to be totally untested, I say to my lege or university. of a mandatory system for everybody friend. The average student in the District but themselves, referring to people in Mr. KENNEDY. Will the Senator of Columbia makes 790 on the SAT the District of Columbia, but, as I un- yield further? Under General Becton’s test. The average for the country as a derstand it, the State of Texas has re- new initiatives, students in grade 3 and whole is about 1050. To go to the Uni- jected an attempt to put in vouchers. 8 have to have the basic reading skills So this issue is one which is applied to before advancing to a higher grade. versity of Maryland, you have to aver- the District but not to the State of the This requirement reflects the commit- age about 1170. To go to Penn State, Senator from Texas. I think we ought ment of the District of Columbia to en- you have to average about 1190. To go to consider for a moment if it is not sure all children master basic reading to the University of North Carolina, good for Texas, it is not good for any- skills. That has been the new program. you have to score about 1230, and to go Do I understand that if we had $7 mil- to the University of Virginia, you have one else in the country. lion to try to implement those kinds of to make about 1300. I point out this argument about help- programs to work with kids, particu- Talk about discriminating against ing poor kids ought to be looked at larly those that may have more dif- children. You force working families in very seriously. Are we really helping ficulty working through and enhancing the District of Columbia to send their poor children, No. 1, and, No. 2, does it their academic achievement, we would children and their money to schools help poor children to hold them out to see all of the students in that class that turn out children that make 790 be guinea pigs in an experiment that moving along together in enhancing on the SAT test, and you are discrimi- has not worked anywhere that it has their reading capabilities, which is key nating against them before they ever been tried for which we have no infor- to all learning in the future? Those are have any opportunity to use their God- mation and in which, quite frankly, it the kind of investments that the Sen- given talents to advance themselves represents a clear capitulation and a ator thinks would make sense for all and their families. clear admission of failure, not just of the students, I imagine? Let me make note of the fact that failure, but of a lack of will to reform Mrs. BOXER. Absolutely, and test- the NCAA says that if you don’t make and revive the system of public edu- ing. We support, you and I, this vol- 840 on the SAT test, you are not a real cation that we have in the District of untary national testing. It is interest- student and you are being exploited by Columbia? ing, some of the people who are the playing football or basketball at a The fact of the matter is, the $7 mil- strongest supporters of giving back to major college or university. The aver- lion that is to be diverted from the Dis- these private schools are fighting age SAT score in the District of Colum- trict schools won’t fix a single school, against testing. They don’t want to bia is 789. That is clearly a case of fail- won’t fund reform and won’t support have the children tested. Therefore, we ure. the children who are there. I think will never know who is being left be- Is it a failure to commit money? The that we should be building up the hind. The Senator is on target. We average school system in America schools, not tearing them down, not know what we have to do to make spends $5,765 per student. The District taking money or bleeding money away these kids whole. We know what we of Columbia spends $10,180 per student, from a public school system that ad- have to do to help 100 percent of the roughly twice the national average, mittedly is troubled. We want to re- kids. and yet look at the final product. But form the public schools in the District, Mr. KENNEDY. I thank the Senator. not for children of D.C. teachers. They but they have started a reform effort I reserve the remainder of our time. want a mandatory program for every- and, much as the reform effort in my Mr. COATS. Mr. President, I yield 4 body except themselves. home State of Illinois, it has shown to minutes to the Senator from Texas. Nationwide, 12.1 percent of public have great success where there is ener- The PRESIDING OFFICER. The Sen- schoolteachers on average send their gized and committed leadership. We ator from Texas. kids to private schools. But in the Dis- can reform our schools if we will just Mr. GRAMM. Mr. President, let’s trict of Columbia, it is 28.2 percent. So believe that they can be reformed, if we begin by talking about testing. I have despite more money than any other will just invest in them. S10190 CONGRESSIONAL RECORD — SENATE September 30, 1997 The fact is, again, with the $7 million get here toward summertime, being in tem or don’t speak the language, that we could make a real difference in the a room without air conditioning is child will not be left behind in that D.C. public schools. We could fully fund close to being sentenced to purgatory. which we have relegated to the back every after school program in the D.C. The children in the public schools burner, that which is left over after we schools. We could buy 368 new boilers would benefit if we were to make the have siphoned off the resources into a for the schools. We could rewire 65 of kind of investment in them, as opposed private system. the schools that don’t have the elec- to, again, bleeding the system as this I say let’s not make the children of trical wiring to accommodate comput- proposal suggests. the District of Columbia guinea pigs in ers and multimedia equipment. We I think, Mr. President, though, that this ill-considered experiment. could upgrade the plumbing in 102 at the heart of this debate is really al- I thank the Chair. I yield the floor. schools with substandard facilities. We most a sad kind of capitulation, a sad Mr. HELMS. I am grateful to the could buy 460,000 new books for the kind of a lack of will that says that Senator from Indiana [Mr. COATS] and D.C. school libraries. education is just a matter of whether the Senator from Connecticut [Mr. Instead of engaging the $7 million to or not I got mine, get yours, go into LIEBERMAN] for their having introduced fix what we have, we are going to say, the market, buy an education for this the pending amendment. They are to let’s bleed this patient to death, let’s chit and if you don’t get a chit and be commended for offering this pro- spin off enough for 2 percent of the can’t buy a better education, that is posal, which will improve the cir- schoolchildren and leave the others be- too bad for you. The whole notion of cumstances of many students who live hind. public education is that it creates a in the District of Columbia, and who Let me point out for a moment, and public good, that it is something that want to escape—and no other word it has been mentioned in the debate al- benefits all of us, and that public edu- really fits—escape the horrific condi- ready, that one of the schools in the cation becomes, if you will, the great tions that exist in so many local public District just today had to close because center of meritocracy that defines schools. of a leaky roof. As you know, I have what this country is all about. I would say to my friends from Indi- been speaking about the whole issue of The ladder of opportunity is crafted ana and Connecticut that it takes a lot school facilities for a while, and in the in the classroom in America. What we of courage to stand up against the pub- District of Columbia, we see, according are now saying is that some will get lic education establishment. They’re a to reports by the General Accounting the opportunity and others will not. powerful bunch, the National Edu- Office and others, that 67 percent of the Assuming for a moment that this pro- cation Association crowd, and they’re schools have crumbling roofs. posal were adopted—and I am going to not afraid to use all of their muscle to If you know anything at all, you do everything I can in opposition to oppose any effort to help parents find know if you have a leaky roof, you are it—but assuming it were adopted, of alternatives to failing public school likely to have walls that collapse and the 80,000 children in the District of Co- systems. floorboards that curl and electrical lumbia, about 2,000 of them would be Those who have examined the appall- wiring that can’t be used. So having a served. That would leave then 78,000 ing state of the D.C. public schools are leaky roof goes to the very heart of the children left behind, left behind with fully aware that parents need an alter- environment for learning. schools that have crumbling roofs, native to the status quo. On February Are we going to put the $7 million faulty plumbing, not enough electrical 20 of this year, even the Washington into fixing some of those crumbling power, and inadequate heating, ventila- Post reported the following dismaying roofs? Apparently not, according to tion, and air conditioning. That is statistics: this plan. what this proposal really represents. Sixty-five percent of D.C. public Sixty-five percent of the schools in I had in my office two students who school children tested below their the District of Columbia have faulty were interns briefly. They were actu- grade levels for reading in the Com- plumbing, again, a situation where we ally high school students from the Dis- prehensive Test of Basic Skills. have children who go to schools where trict of Columbia. The reason they Seventy-two percent of fourth-grad- the plumbing doesn’t work. Yet, in- were working in my office as recently ers in the D.C. public schools tested stead of saying we are going to fix the as last week was because they couldn’t below the ‘‘basic proficiency’’ level on plumbing we are going to engage to go to school, and they couldn’t go to the National Assessment of Education support and build up and improve edu- school because the courts had closed Progress test given to students every 2 cation for these kids, we are going to their school down for bad facilities. years—this was the lowest score of any spin off some of them into another sys- The infrastructure was so bad in their school system in the country. tem, again, that has never been tried schools that they had no place to go to The dropout rate among D.C. public and created, and that we don’t, frank- get an education. So we took them in schools students is an astounding 40 ly, know whether or not it is going to to give them an opportunity just to do percent. provide any benefit at all even to them. something during the daytime. Meanwhile, even those that graduate Forty-one percent of the schools In the face of that failure, how we are unprepared. More than half of D.C. don’t have enough power outlets and can suggest or how it can be suggested public school graduates who take the electrical wiring to accommodate com- that bleeding that system even further U.S. Armed Forces Qualification Test puters and multimedia equipment. Ev- instead of investing in it and giving it scored below 50 percent on the test— erybody knows in this generation of the support seems to me to be not only that’s a failing grade, Mr. President. students, computers are what books shortsighted but counterproductive. I That might be the saddest statistic of were to my generation. The kids have think we can afford to waste no child. all. These young people—who want to to have computers, and that is one of I think we should leave no child be- better their lives through association the reasons people do want to have hind. To the extent that the combina- with our armed forces—cannot pass the quality education because they want to tion of money and leadership, because vocational aptitude exam given to as- make certain their youngsters can get it is not just money alone, it has to piring recruits because the D.C. public on the information superhighway. You take an engaged population, if we en- schools are not properly preparing can’t plug the computer in if you don’t gage to preserve, to revive and to re- them. have electrical wiring in the wall. form these public schools, we can save So, Mr. President, the list goes on Yet, instead of putting $7 million them, and we can provide opportunity and on. The Heritage Foundation re- into fixing the electrical wiring in the for all of our children. ports that 11 percentage of students in schools, we want to spend that money The idea is not to create a two- and the D.C. public school system avoid somewhere else. three-tier system of education so some school because they fear for their own Sixty-six percent of the schools have can get and others cannot, what we safety. Isn’t that sad, Mr. President? inadequate heating, ventilation, and want to do is have quality education Children in our Nation’s Capital are air conditioning. Again, I don’t know if for every child, so whether that child is afraid to go to school. people listening have spent a summer an orphan or that child has parents Then again, why wouldn’t they be in the District of Columbia, but if you who don’t understand the school sys- afraid? Sixteen percent of the students September 30, 1997 CONGRESSIONAL RECORD — SENATE S10191 in the D.C. public schools have at one In every community, public schools the system that serves all children— time carried a weapon into their are where America comes together in the public schools. school. There are metal detectors at its rich diversity. For generations, edu- The $7 million this amendment would many if not all schools to prevent pis- cating the rich, poor, black, white, dedicate to D.C. vouchers are much tols, switchblade knives and narcotics first-generation Americans—be they better invested in the District of Co- from being smuggled into the class- Irish, English, Japanese or Mexican- lumbia’s public schools. Last week, rooms. Americans—and all Americans has Secretary Riley outlined how he would Nor is it just the students who are been the charge and challenge of our spend these funds on whole school im- afraid. Almost one in five D.C. public public schools. It is clearly not the provement efforts and after-school pro- school teachers report that verbal easiest task. But it’s importance can- grams. In addition, the infrastructure abuse from their students is a serious not be undervalued. needs in D.C. schools remain quite se- problem. With conditions like these, no These efforts are essential to our de- vere—under the leadership of General wonder student performance is so low. mocracy which relies on an educated Beckton, things are improving and Mr. President, again I congratulate citizenry, to our communities which these problems are being addressed. Senator COATS and Senator LIEBERMAN require understanding of diversity to But, he estimates infrastructure needs for offering this amendment, which function, and to our economy which alone top $2 billion. opens up the alternative of private or thrives on highly educated and trained Proponents of private school choice parochial schools to parents whose worker. Education—public education— argue that vouchers will open up new family income is below 185 percent of is also the door to economic oppor- educational opportunities to low-in- the poverty level. Their plan provides tunity for all citizens individually. come families and their children. In opportunity scholarships of up to $3,200 However, voucher proposals, like the fact, vouchers offer private schools, not for parents who are fed up with the one before us today, fundamentally un- parents choice. The private schools will education—or, rather, the lack of edu- dermine this ideal of public education. pick and choose students, as they do cation—provided by the D.C. public Supporters of these programs never now. Few will choose to serve students schools. argue they will serve all children. They with low test scores, with disabilities Mr. President, there is a lot of misin- simply argue it is a way for some chil- or with discipline problems. Vouchers, formation swirling about concerning dren to get out of public schools. The which will be between $2,400 and $3,200, the high cost of private and parochial amendment offered today would pro- will not come close to covering the schools. When the words private school vide 2,000 children, at most, with cost of tuition at the vast majority of are mentioned, the image of elite and vouchers. But the D.C. public schools private schools in the District. high-priced education often springs to serve 78,000 children and about 50,000 In fact, the tuitions they will cover mind. Nothing could be further from are low-income. are at religious schools raising serious the truth. I do not argue that our public schools constitutional questions. No Federal In fact, there is a vast and accessible do not face challenges—violence, dis- court has ever upheld the use of vouch- network of private schools in the investment and declining revenues ers for parochial school or religious Washington area. My friend, the Sen- plague some of our schools, just as education. To receive these funds, pri- ator from Indiana, informs me that they do many other community insti- there are 60 private schools in this area vate religious schools would likely tutions. that cost less than $3,200 a year—the have to change the nature of their edu- And our schools are not ignoring amount that families living below the cational programs and eliminate any these problems—even with limited re- poverty level can receive under the religious content. Many schools would sources. Coats/Lieberman amendment. be unwilling to do this; further limit- Many are digging themselves out of Of these 60 schools, many are the re- ing parent’s ability to choose. markable Catholic schools that operate these problems to offer real hope and There are also important account- in the most poverty-stricken parts of opportunities to students. James ability issues. Private institutions can Washington, DC. These schools are Comer in Connecticut has led a revolu- fold in mid-year as nearly half a dozen willing and able to provide true quality tion in public schools across the coun- have done in Milwaukee leaving tax- education to poor students; in fact the try by supporting parents and improv- payers to pick up these pieces—only Catholic Archdiocese of Washington re- ing education through community in- the pieces are children’s lives and edu- ports over 1,000 spaces are available in volvement and reinvestment in the cations. its 16 Washington schools. schools. Public magnet and charter This amendment also establishes a They want to do the job, Mr. Presi- schools are flourishing offering stu- new bureaucracy within the District of dent. But first, Congress must stand up dents innovative curriculum and new Columbia to administer this program. to the teachers’ unions and the rest of choices within the public school sys- There will be a board of citizens—only the public school establishment that tem. School safety programs, violence one of whom will be appointed by a doesn’t want to answer for the poor prevention curriculum and character D.C. official—to set up and oversee this performance of public schools. The education initiatives are making real program. For all our criticism of the Coats/Lieberman amendment is a day gains in the struggle against violence D.C. government, its layer of bureauc- of reckoning for the failure of the D.C. in our schools and larger communities. racy, and lack of accountability struc- public school system—and an outstand- And these reform efforts are begin- tures, it is ironic that this amendment ing way for Congress to help school ning to show results. Our schools are would set up yet another governing children receive the education they de- getting better. Student achievement is body. This is a long way from what this serve. up in math, science and reading. The city needs. Mr. DODD. Mr. President, I rise reach of technology has spread to near- Mr. President, our public schools are today in strong opposition to this ly all of our schools. The drop out rate not just about any one child; they are amendment. continues to decline. about all children and all of us. I do Few issues are as divisive in edu- We clearly have a ways to go before not have any children, but I pay prop- cation as this one—private school all our schools are models of excel- erty taxes and do so happily to support vouchers. There are very strong feel- lence, but our goal must be to lend a the education of the children I am ings on both sides of this issue. This is hand in these critical efforts, not with- counting on to be tomorrow’s workers, as it should be on issues affecting our draw our support for the schools that thinkers, leaders, teachers and tax- children—strong feelings should be the educate 89 percent of all students in payers. norm. But I believe we should be con- America—public schools. Our future is dependent on nurturing cerned for all children, not just for a And there is no question about it, and developing the potential of every few. private school vouchers will divert child to its fullest. Investing in our Our universal system of public edu- much needed dollars away from public public schools is the best way to reach cation is one of the very cornerstones schools. Our dollars are limited. We this goal. of our Nation, our democracy and our must focus them on improving oppor- I urge my colleagues to join me in de- culture. tunities for all children by improving feating this amendment. S10192 CONGRESSIONAL RECORD — SENATE September 30, 1997 Mrs. MURRAY. Mr. President, today choose. One thing we ve learned from issue of providing private school vouch- we debate an amendment to the fiscal this Washington State law is that the ers, I have consistently voted against year 1998 District of Columbia Appro- biggest frustration occurs when a spending Federal money to pay for tui- priations Act that would provide pub- school determines, as it is allowed, to tion at private schools. I did so again licly-funded vouchers to low-income say when the school is full, and closes today. But, I rise to let my colleagues students so they can attend private the door to new students—who then know that I am reconsidering my posi- and religious schools in the District must choose another school. tion based on the changed cir- and surrounding areas. The voters of Washington had a cumstances in American education. I The bill would authorize $7 million in choice last fall, to allow private school want to give everyone fair notice that the first year and a total of $45 million vouchers. And they overwhelmingly re- in the future, I may vote to allow such over 5 years. My colleagues have point- jected the idea at the polls. As you a limited experiment. ed out that this $7 million would only have heard, this has happened in other I realize that whenever elected offi- serve 3 percent of the students in the States around the country. cials change their position on an issue, Washington, DC school district, and Today, if you are worried about the they are subject to accusations of flip- that we should instead be looking at educational crisis affecting any stu- flopping or being inconsistent or trying investments that will help 100 percent dent in a public school anywhere in to have it both ways. It is for that rea- of the students. this country —you have two choices. son that I want to explain my thinking How much would $7 million buy for You can play ‘‘let’s talk about vouch- on this matter today. all the students in Washington, DC ers,’’ or you can go help a school. You Unlike some opponents of vouchers, I schools? How much real help—that can work at a think tank, or write a have never categorically opposed the would improve their ability to learn column for a newspaper, or become a idea of public money being used under and succeed? Member of Congress. any circumstances for private school How many teachers, reading assist- And you can spend a good portion of education. Rather—and I think I have ants, school counselors, nurses, or vol- your career, countless hours of debate, been forthright about this from the unteer coordinators would $7 million and millions of dollars breaking your very beginning—my concerns have buy? How many computers, video sys- pick in the ground of the school vouch- been very specific. First, I have ques- tems, wireless communications sys- er issue. You can impose your will on tions about whether a private school tems, computer-assisted drafting sys- the only people in the contiguous Unit- voucher system, when it involves pri- tems, technology labs and other tools ed States without representative gov- vate religious schools, is constitu- could $7 million buy? How many dif- ernment. You can play games with a tional. And, second, I have deep res- ferent ways could we help the parents— community that faces enough chal- ervations about taking money away through parent involvement programs lenges already. You can strive to fur- from underfunded public schools. or family literacy services—to help ther denigrate the D.C. schools by lur- But, Mr. President, I do not believe their children succeed in school, with ing away to private religious schools that simply because I have always the 2,000 students who are most likely $7 million? voted a particular way on a particular My colleagues have in this debate as- to want to become leaders in a revital- issue that I should be locked in forever serted or intimated that defense of the ized public school. to that position. Circumstances Or, you can do something productive. public school is essentially defending change. Thinking changes. And, I have This $7 million could do some good. the status quo, and being afraid of been giving this issue a lot of thought. Your time devoted to a public school change. Well, when it comes to using I have come to the belief that the could help make needed changes. Your public school funds to pay for students constitutional issues involved here are fund-raising on behalf of a public not as clear cut as opponents have ar- to attend private, sectarian schools, school foundation could make the dif- gued. While lower courts have ruled the status quo is actually set in the ference for many students. Your tutor- that vouchers used in private religious U.S. and many State constitutions. ing or advocacy on behalf of a student Our country has a rich history, since schools violate the first amendment’s or family could be the symbol that Roger Williams, Thomas Jefferson, and prohibition on the establishment of re- drives much more volunteer time and ligion, the Supreme Court has not yet James Madison, that keeps a line of public awareness. separation between our public tax dol- It all comes down to one parent weighed in on the question. lars and the checking account at the wanting to get the very best for his or In fact, the Supreme Court has ruled local house of worship. These debates her son or daughter, and how we can that State tuition tax credits for pri- are further informed by public votes help that parent. We can dangle the vate religious school tuition are per- and public polls. As far as the Amer- possibility of a religious school vouch- fectly constitutional, and the Supreme ican public is concerned, this particu- er, or we can help the student and his Court has ruled that Pell grants— lar ground has been gone over. The ar- or her school. For that one student, vouchers for college students—can be gument is moot; the law is clear. this $7 million voucher system could be used in private religious colleges with- The experiences of the State of Wash- far less meaningful than the help and out violating the Constitution. Grant- ington also have bearing on this issue. attention of one caring adult. ed, Mr. President, the issues that the I stand before you as a former school If any nationally-recognized voucher Court has adjudicated are not exactly board member from a State where the advocate went to that one student’s parallel to the issue of private school law allows school boards to change school and offered to mediate a discus- vouchers for elementary and secondary anything not otherwise prohibited by sion, hold a fund-raiser, or work with a school students. But, the point is, it is law—to help students learn. family—that student could find real so- an open question. Even some liberal Washington State allows wide flexi- lutions in a real school. Or, we can con- constitutional scholars have noted that bility in carrying out existing school tinue to talk about vouchers and other vouchers to parents and children may law—and the Washington State Legis- things that will not, and in this case, be constitutional. And, as long as it re- lature has held many open public de- should not happen. mains an open question, I do not think bates on laws that seem too stifling. In People have been talking about the I can dismiss the issue of vouchers every school in my State, like those in crisis in schools for many years. The solely on constitutional grounds. many other States, there are teachers, research shows we are doing better in With regard to my second concern— students, parents, and community many areas, but are not living up to that private school vouchers may drain members thinking about how to make the expectations of a new century. I funds away from the public schools—I schools better, and taking actions to fear that these kinds of discussions now think that the issue is more com- make them better. just create a crisis of a different kind— plex. The real issue is not whether I want to be very clear about this— a crisis that saps our sense of volunteer money is drained from public schools, fear of change is not the obstacle here. spirit and voluntary support of public but what effect vouchers would have on My State also has a public school education. The students deserve better. public schools and the quality of edu- choice law that allows any student to Mr. BIDEN. Mr. President, since 1992, cation those students receive. And, yes, attend school in any public school they when the Senate first voted on the I do believe there is a difference. Even September 30, 1997 CONGRESSIONAL RECORD — SENATE S10193 if vouchers were to take money away First, this proposal ignores 97 per- schools possible. But, when people un- from the public schools—and I should cent of all children in the D.C. schools. derstand how voucher programs work, point out that not all voucher propos- There are 78,000 children in the D.C. they reject them. District voters re- als do—that does not in and of itself public schools. Approximately 50,000 of jected vouchers by an 8-to-1 margin in mean that public schools will be them are from low-income families. 1981. More recent voucher initiatives in harmed. Under this proposal, only 2,000 chil- California, Oregon and Washington When you have an area of the coun- dren—less than 3 percent of all children State were rejected by more than 2-to- try—and most often here we are talk- in D.C. schools—would receive vouch- 1. ing about inner cities—where the pub- ers. Who does support vouchers? Among lic schools are abysmal or dysfunc- If helping children leave the public the biggest proponents are people who tional or not working and where most school system and go to private school want to dismantle public schools, espe- of the children have no way out, it is really is the only way to get a good cially the radical religious right. In his legitimate to ask what would happen education—and I will outline in a mo- book, America Can Be Saved, Jerry to the public schools with increased ment why I do not believe it is—what Falwell writes: competition from private schools and message would we be sending to the One day, I hope in the next 10 years, I trust what would happen to the quality of children who would not get vouchers? that we will have more Christian day schools education for the children who live Are we telling them that they’re not than there are public schools. I hope I live to there. important? Are we telling them that see the day when, as in the early days of our Most of the opponents of private we’re giving up on them? country, we won’t have any public schools. school vouchers argue that with more I think we ought to tell them that The churches will have taken them over kids attending private schools, the sup- they’re all important, that we cannot again and Christians will be running them. What a happy day that will be! port for public education will be afford to leave one of them behind. We drained. To date, that assertion has need solutions that help all children, Mr. President, make no mistake largely gone unchallenged. I am not not just a few who happen to be lucky about this. I support religious schools. sure it should any more. Is it not pos- enough to win a lottery. I am a product of a Catholic school sible that giving poor kids a way out The second flaw I see with this pro- education. My parents had that choice, will force the public schools to improve posal is that there is little proof that and I believe every parent should have and result in more people coming back? vouchers work. I certainly do not be- that choice. But, I do not believe tax- Make no mistake about it. Public lieve, as some of the proponents have payers should be forced to subsidize education must be our primary focus. claimed, that those who are left behind that choice. Our forefathers wisely un- And, in considering voting for vouchers are helped in any way by the divisions derstood that there should be a con- in the future, I am not subscribing to that will be created within commu- stitutional separation between church the philosophy of many voucher sup- nities or by the loss of active parents and state. porters who argue that there should be to the public school system. But there There are other ways to expand par- no Federal role in education or that is also little evidence that vouchers ents’ choices without violating the the Federal Government should not in have helped the children who receive Constitution. We should increase par- any way help States fund public edu- them in Milwaukee and Cleveland. The ents’ ability to choose which public cation or that we should decrease our research is contradictory, but careful schools their children attend within a commitment to public education. On examination of the data seems to show district, among districts and even the contrary, I think we should in- that improvements in children’s aca- statewide. We should increase the num- crease that commitment. But, for demic achievement has almost every- ber of magnet and theme schools with- those kids who are presently caught in thing to do with family background, in the public school system such as a failed public school, we must start and almost nothing to do with vouch- math and science academies that have asking—only asking—if public edu- ers. been developed in some communities. cation is still the only answer. A third problem with this proposal is We should establish more charter pub- I do not know the answer to that or that, in the end, it’s not parents who lic schools, where motivated adminis- any of the other questions I have raised choose, it’s private schools. My col- trators and teachers work with innova- today. But, I believe the questions need leagues say they want to give parents tive programs in exchange for more to be asked. And, it may be that the more choices, and I am sympathetic to flexibility. only way that we will find out the an- that argument. But, who is really Mr. President, it is pessimistic and swers is to create a limited private doing the choosing? The answer: pri- callous to settle for helping less than 3 school voucher demonstration project. vate schools will choose. As the article children in 100. We can do better. We I say ‘‘may,’’ Mr. President, because in this morning’s Washington Post know what works in education. We I do not know. And, that really is part points out, very few of the secular pri- know that children need good teachers, of the point here. I will continue to ask vate schools in this area charge a tui- high standards and reliable measure- these questions, listen to both sides of tion at or below the level of the vouch- ments to tell us whether they are the debate, and ponder the answers. In ers and many of these do not have achieving those standards, safe class- so doing, however, I want everyone to places for additional students. The bet- rooms, and the active involvement of understand that I may conclude in the ter the school, the more likely they are parents in the schools. end that the only true way to answer to turn students away. There are public schools all across the questions is to try vouchers—in a The proposal does not require private the country doing an outstanding job limited fashion for those who need the schools to accept children with disabil- of educating children. They are labora- most help. ities or children with limited English tories of reform and excellence. We Mr. DASCHLE. Mr. President, I ap- proficiency. So, parents of these chil- ought to support these schools and help preciate the concerns my colleagues dren are likely to find they have few other public schools reach their level, have expressed for the future of the choices available to them. not give up on the principle of provid- children of Washington, DC. The condi- Finding schools to accept children ing a good public education to all chil- tions in many of the schools are truly has been a problem in cities with dren. deplorable, and the performance levels voucher programs. In Cleveland, for ex- Sharing information about local of the children show that there are ample, nearly half of the public school school reforms that work, incidentally, many problems that need to be ad- students who received vouchers could is one of the functions performed by dressed. I do not, however, share their not find a private school that would ac- the Department of Education—which faith in vouchers as a solution. cept them. No choice was available for many voucher supporters would abol- Although the sponsors have worked those students or their parents. ish. to address some of the problems with Finally, Mr. President, I would point The American people are not willing past voucher proposals, I see four seri- out that the public is opposed to to abandon public schools. Polls show ous flaws with this particular ap- vouchers. All parents want their chil- that 71 percent of Americans believe we proach. dren to be able to go to the best should revitalize public schools, not S10194 CONGRESSIONAL RECORD — SENATE September 30, 1997 abandon them. They believe we should cation, kids can’t get out of a school— pared to support an effort to address educate all children, not just a few. your own statistics show why parents this as well, to address fixing up the When Americans have had the chance want to leave. If 67 percent of the crumbling schools in the District of Co- to vote for vouchers, they have voted schools have crumbling roofs and 65 lumbia so those 98 percent of the chil- against them overwhelmingly. percent have faulty plumbing and 66 dren who will be left behind—— In summary, this voucher amend- percent have inadequate heating, ven- Mr. COATS. I will be glad to respond. ment would: ignore the needs of 97 per- tilation, and air-conditioning and more This Senator would be happy to sup- cent of D.C. school children; make D.C. than 50 percent goes to maintenance port any effort to improve public children guinea pigs for unproven the- and administration and less than 50 schools, but I don’t put plumbing ahead ory; give choice to private schools, not percent of the $672 million goes to edu- of education. I think the first thing we parents; and drain needed energy and cating students, what is wrong with ought to do—and I don’t know why the resources away from efforts to revital- that system? There is something des- Senator doesn’t support it—we first ize our public schools. perately wrong with the system. ought to help kids get educated, and at There are better ways to improve our This program is designed to at least the same time maybe we can do that. students’ academic performance. I urge give 2,000 kids a chance. We talk about If we don’t fix the schools, we will my colleagues to oppose the amend- the 100-percent solution. Well, it is like not fix the education—that is upside ment and work with me to enact real if you can’t give 100 percent of the kids down. and meaningful strategies that help all an opportunity within a failed system, One last thing. It was stated on this of our children, not just a few. then let’s not give any kids an oppor- floor that few parents can get to the The PRESIDING OFFICER. All time tunity, let’s condemn all of them. schoolhouse door. Well, there are a lot allotted to the Senator from Massachu- Now, the District of Columbia system of poor kids who have no opportunities setts has expired. needs help desperately. Even the Wash- in life that can’t get through the The Senator from Indiana. ington Post, not a supporter of school schoolhouse door because Members of Mr. COATS. I yield myself 6 minutes, vouchers, has said give it a chance. At Congress are standing at the school- and my understanding is that will re- least try it, to see if maybe it spurs the house door saying, ‘‘Nope, you are not serve roughly 10 minutes for the Sen- system on, the D.C. public schools sys- allowed in the school. You don’t have ator from Connecticut. tem, to a little bit better performance. the money, you can’t get in.’’ The PRESIDING OFFICER. There If it doesn’t work—we have a test built I am a product of public schools. My kids are a product of public schools. I would be 91⁄2 minutes remaining. in here—if it doesn’t work, we will try Mr. COATS. Mr. President, it is in- something else. But let’s do something support public schools. But I don’t sup- teresting that in this debate not one to help these kids. Let’s do a small, lit- port public schools that don’t give edu- person who is opposed to the scholar- tle piece. cation. I want to do something to help ship program for D.C. students has Now, the Senator from California that public education. come down here and addressed the fun- talks about bureaucracy. ‘‘Bureauc- I yield the remaining time existing to the Senator from Connecticut. damental issue of this debate. The fun- racy’’ is another word for the D.C. pub- The PRESIDING OFFICER. The Sen- damental issue is, will we give poverty- lic school system. More than 50 percent ator from Connecticut has 8 minutes 30 stricken minority children the oppor- of the money, $672 million, doesn’t even go to the classroom. Yet in this bill we seconds remaining. tunity to escape a failed educational Mr. LIEBERMAN. I thank my col- system so that they, too, can partici- have a cap of 7.5 percent on administra- tion. We will match our administration league from Indiana. pate in the American dream? Let me pick up on what was said by with the D.C. administration any time, We have talked about plumbing, air Senator COATS, citing that this amend- anywhere. conditioning, crumbling schools, and ment is bleeding the system. Good God, we have heard if you can’t give it for Senator KENNEDY said, who wants it? Nobody wants it in the District of Co- the system is bleeding. It is not this 100, you can’t give it for any. What amendment that is bleeding it. What is kind of argument is that? In other lumbia. Here are 2,000 parents that want it that have signed this petition. bleeding it is the failure of the system, words, if you can’t totally reform the and the blood that is being lost are the system all at once for everyone, you I have a list of 100 ministers, D.C. min- isters, almost all minority ministers, hopes and dreams of thousands of par- condemn another whole generation in ents and children trapped in the school the District of Columbia—and in Chi- who said, we plead with you, give our kids a chance to get an education. system who know it is a failure for cago and other cities around this coun- They want it. them, who know it is not working for try—to failure and the inability to gain There was a recent poll taken in the them. skills to become gainfully employed or District of Columbia, and 64 percent of I appeal to my colleagues, particu- to have the opportunity to go on to fur- D.C. residents indicated if they had the larly my Democratic colleagues, please ther education. funds, they would get their kids out of look at the facts, cut through the rhet- Now, this argument about bleeding the public school system; 40 percent oric. I know there is strong pressure the system—if I could have the atten- drop out—the Senator had a chart say- from interest groups representing the tion of the Senator from Illinois and ing 50; say it’s 40 or 50 percent, what- establishment, the education status the delegate from the District of Co- ever—they don’t even graduate from quo. I know that my colleagues on the lumbia, who is on the floor—bleeding the system. Democratic side are great believers in the system. The D.C. school system The constitutional argument—vouch- the public school system. But remem- gets $672 million a year, and you are ers are good enough for day care. I ber those words that I think were spo- saying that if you added $7 million, the think the Senator supported that. ken by John Gardner, that too often system would be fixed? Vouchers are good enough for Head debates are between those who are The General Accounting Office said Start. I think the Senator supported unloving critics and uncritical lovers. that 25 percent of the maintenance that. Vouchers are good enough for the We all love the public school system, budget never leaves the maintenance GI bill and good enough for kids to go but open our eyes, look what is happen- facilities office. It doesn’t go to fix to Loyola in your State. That is a reli- ing here. plumbing. The system is broken. We gious school. If they are good enough Senator KENNEDY earlier in charting are taking $7 million, not out of the for people over 17 and they are good progress in the school system in the $672 million, not one penny of this is enough for kids under 5, why aren’t District of Columbia said in the last coming out of the current budget for they good enough for kids between 5 period of time the number of D.C. schools. The $7 million is coming and 17? uncertified teachers went from more out of money set aside to reduce the Does the Senator want to respond? than 50 to 33 percent. Is that a sign of general deficit. That was added on to Ms. MOSELEY-BRAUN. I would be progress? Yes, it is progress. That is the President’s budget. delighted. I am very happy to respond why Senator BROWNBACK and I are Bleeding the system, fixing the ven- to that. working with Delegate NORTON and tilating, while kids can’t even achieve I think the issue, and the point I others to bring more money to the Dis- the test score to go on to higher edu- have just made, if the Senator is pre- trict and support General Becton. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10195 But think about the reality. How similar to this one in Cleveland, and I thank the Chair. I yield the floor. many Members of this Senate would they found it helped produce enormous CLOTURE MOTION send their children to a school system academic gains in 1 year. The same is The PRESIDING OFFICER. All time in which one-third of the teachers were true in Milwaukee. on the amendment being expired, under Also, it will have an effect on this uncertified, unless they were forced to the previous order, pursuant to rule school system in the District, as com- send them there because they didn’t XXII, the Chair lays before the Senate petition does, to get them to improve have the money to get them out. the pending cloture motion, which the what they are doing. Support for The Senator from California earlier clerk will state. said, gee, let’s take this money, and choice is growing widely. In a poll, the The assistant legislative clerk read my colleague and friend from Illinois Joint Center for Political and Eco- as follows: added, let’s put it on top, give it to all nomic Studies found support for school the kids, instead of just benefiting this vouchers is surprisingly strong. They CLOTURE MOTION relatively small group of 2,000. concluded it has substantially in- We, the undersigned Senators, in accord- The Washington Post said a while creased in the last year. A majority of ance with the provisions of rule XXII of the ago in an editorial that the D.C. school African-Americans, 57.3 percent, and Standing Rules of the Senate, do hereby system is a well-financed failure. So Hispanics, 65.4 percent, supported move to bring to a close debate on the pend- ing Coats amendment numbered 1249 to S. choice here is whether you will put $7 school vouchers. 1156: million on top of the more than $600 Mr. President, I want to make a di- Trent Lott, Dan Coats, Richard Shelby, million we put into the system and bet- rect appeal to my Democratic col- Mitch McConnell, Connie Mack, Lauch ter finance the failure instead of giving leagues: I don’t know why there is only Faircloth, James Inhofe, Alfonse that money and focusing it on 2,000 a handful of us who are Democratic D’Amato, Rod Grams, John Warner, kids and thereby giving them the op- Members of this Senate supporting this Pat Roberts, Chuck Hagel, Ted Ste- portunity for a better education and a proposal. This party of ours has been at vens, John McCain, Susan Collins, and better life. its best when we have been for oppor- Sam Brownback. The D.C. school system already tunity, when we have been for helping VOTE spends $7,655 a year, more than $1,500 people up the ladder of American life— The PRESIDING OFFICER. The greater than the national average not to give a handout, but to give peo- question is, Is it the sense of the Sen- spent, per student in schools, more ple a little help, to help them better ate that debate on amendment No. than $1,000 greater than that spent in themselves. That is what this is about. 1249, as modified, to S. 1156, the Dis- the school districts in the neighboring This is not about protecting a status trict of Columbia appropriations bill, counties of Maryland and Virginia. quo, protecting education. Let’s focus shall be brought to a close? The debate is not about whether you on human opportunity and the waste of The yeas and nays are required under are for the public schools. Senator human talent. the rules. The clerk will call the roll. BROWNBACK as the chairman and I as In my opinion, voting against this The assistant legislative clerk called the ranking Democrat have worked measure, I say with respect, is about the roll. very hard with General Becton. the equivalent of voting against Pell Mr. FORD. I announce that the Sen- Progress is being made. This is a sys- grants or the GI bill or child care pro- ator from Vermont [Mr. LEAHY] is ab- tem in which buildings are still dete- grams or any of the host of other pro- sent due to a death in the family. riorating, are deteriorated, kids are grams that Democrats, majority The PRESIDING OFFICER (Mr. afraid to go to schools, teachers are strong, proudly I say, have supported SANTORUM). Are there any other Sen- afraid to come and teach. Half the chil- this year and over history. ators in the Chamber who desire to I think we have just become either dren are dropping out. The longer they vote? stay in the school system, the worse uncritical lovers of the school system, The yeas and nays resulted—yeas 58, they do compared to national averages the public school system, forgetting nays 41, as follows: on the standardized tests. our primary education to the children We are saying here on this amend- who are there, or are being convinced [Rollcall Vote No. 260 Leg.] ment, while we are all working with by those who have a vested interest in YEAS—58 General Becton to improve this school the status quo that this is somehow, Abraham Gorton McConnell system, let’s recognize that this is a though on its face a good idea, the pro- Allard Gramm Moynihan Ashcroft Grams Murkowski building on fire and let’s get some kids verbial camel’s nose under the tent. Bennett Grassley Nickles out of those parts of the building on This is a lifeline for 2,000 children who Bond Gregg Roberts fire to give them a chance to better are trapped in a school system where Breaux Hagel Roth themselves. none of us would let our kids be. I don’t Brownback Hatch Santorum Burns Helms Sessions This is not a choice between public mean all of it, but in many cases in Campbell Hutchinson Shelby schools and private, parochial schools. this school system many of the schools Coats Hutchison Smith (NH) That is a false choice. You can support we simply would not let our kids at- Cochran Inhofe Smith (OR) this amendment and support the public Collins Jeffords Snowe tend. We see it in the wealthiest sec- Coverdell Kempthorne Specter schools in the District. The true choice tion of this city. Choice supporters see Craig Kyl Stevens here is between preserving the status that 65 percent of the families living in D’Amato Landrieu Thomas quo at all costs, which is slamming a ward 3, the wealthiest in this city, send DeWine Lieberman Thompson Domenici Lott Thurmond door in the face of the parents and chil- their children to private schools. Those Enzi Lugar Warner dren who want to do better, and doing ministers and children who came to see Faircloth Mack what is necessary to put those children us from the poorest sections of this Frist McCain first. In other words, asking whether city asked us: Is it fair given this in- NAYS—41 the status quo of the public education dictment of the District of Columbia Akaka Durbin Lautenberg orthodoxy, which is letting down so public schools by the wealthier fami- Baucus Feingold Levin many children, is so important that we lies and the wealthier neighborhoods Biden Feinstein Mikulski are willing to sacrifice the hopes and for the Congress to force the poor and Bingaman Ford Moseley-Braun Boxer Glenn Murray aspirations of thousands of children for disenfranchised to attend schools that Bryan Graham Reed the sake of a process, not for the sake we would not ourselves? Bumpers Harkin Reid of the children. I appeal to my colleagues. Break out, Byrd Hollings Robb What is the interest of government in break free, and let the kids—2,000 of Chafee Inouye Rockefeller Cleland Johnson Sarbanes education? Not to protect a particular them now trapped in this school sys- Conrad Kennedy Torricelli form but to educate our children. That tem—have the freedom that our Con- Daschle Kerrey Wellstone is what this amendment is about. It is stitution provides them, the oppor- Dodd Kerry Wyden not a panacea. We have a lot more tunity that we try to give them, and a Dorgan Kohl work to do. There is a recent independ- future that is their birthright as Amer- NOT VOTING—1 ent study of the scholarship program icans. Leahy S10196 CONGRESSIONAL RECORD — SENATE September 30, 1997 The PRESIDING OFFICER. On this . IMMIGRATION REFORM TRANSITION ACT OF (bb) is the spouse or unmarried son or vote, the yeas are 58 and the nays are 1997. daughter of an alien described in (aa) of this 41. (a) IN GENERAL.—Section 240A, subsection subclause and granted relief under this para- (e), of the Immigration and Nationality act Three-fifths of the Senators duly cho- graph, provided that the spouse, son, or is amended— daughter entered the United States on or be- sen and sworn not having voted in the (1) in the first sentence, by striking ‘‘this fore April 1, 1990; and— affirmative, the motion is rejected. section’’ and inserting in lieu thereof ‘‘sec- ‘‘(ii) the alien is not described in paragraph Mr. MACK addressed the Chair. tion 240A(b)(1)’’; (4) of section 237(a), paragraph (3) of section The PRESIDING OFFICER. The Sen- (2) by striking ‘‘, nor suspend the deporta- 212(a) of the Act, or section 241(b)(3)(i); and— ator from Florida is recognized. tion and adjust the status under section ‘‘(iii) the alien is removable under any law Mr. MACK. Mr. President, what is 244(a) (as in effect before the enactment of of the United States, has been physically the pending business before the Sen- the Illegal Immigration Reform and Immi- present in the United States for a continuous gration Responsibility Act of 1996),’’; and period of not less than seven years imme- ate? (3) by striking the last sentence in the sub- diately preceding the date of such applica- The PRESIDING OFFICER. The section and inserting in lieu thereof: ‘‘The tion, and proves that during all of such pe- amendment of the Senator from Indi- previous sentence shall apply only to re- riod he was and is a person of good moral ana is the pending business. moval cases commenced on or after April 1, character, and is a person whose removal Mr. MACK. Mr. President, I ask 1997, including cases where the Attorney would, in the opinion of the Attorney Gen- unanimous consent that that amend- General exercises authority pursuant to eral, result in extreme hardship to the alien ment be set aside. paragraph (2) or (3) of section 309(c) of the Il- or to his spouse, parent, or child, who is a legal Immigration Reform and Immigrant citizen of the United States or an alien law- Mr. COATS. Objection. fully admitted for permanent residence. The PRESIDING OFFICER. Objec- Responsibility Act of 1996 (P.L. 104–208, Divi- sion C, 110 Stat. 3009).’’. ‘‘(B) Subsection (d) of this section shall not tion is heard. (b) REPEALERS.—Section 309, subsection apply to determinations under this para- Mr. COATS. Mr. President, I suggest (c), of the Illegal Immigration Reform and graph, and an alien shall not be considered the absence of a quorum. Immigrant Responsibility Act of 1996 (P.L. to have failed to maintain continuous phys- The PRESIDING OFFICER. The 104–208, Division, C, 110 Stat. 3009) is amend- ical presence in the United States under clerk will call the roll. ed by striking paragraph (7). clause (A)(iii) of this paragraph if the alien The assistant legislative clerk pro- (c) SPECIAL RULE.—Section 240A of the Im- demonstrates that the absence from the migration and Nationality Act is amended— United States was brief, casual, and inno- ceeded to call the roll. cent, and did not meaningfully interrupt the Mr. LOTT. Mr. President, I ask unan- (1) In subsection (b), paragraph (3), by striking ‘‘(1) or (2)’’ in the first and third continuous physical presence. imous consent that the order for the sentences of that paragraph and inserting in ‘‘(C) The determination by the Attorney quorum call be rescinded. lieu thereof ‘‘(1), (2), or (3)’’, and by striking General whether an alien meets the require- The PRESIDING OFFICER. Without the second sentence of that paragraph; ments of subparagraph (A) or (B) of this objection, it is so ordered. (2) In subsection (b), by redesignating para- paragraph is final and shall not be subject to review by any court. Nothing in the preced- UNANIMOUS CONSENT AGREEMENT—HOUSE JOINT graph (3) as paragraph (4); (3) In subsection (d), paragraph (1), by ing sentence shall be construed as limiting RESOLUTION 94 the application of subparagraph (B) of sec- Mr. LOTT. Mr. President, after con- striking ‘‘this section.’’ and inserting in lieu thereof ‘‘subsections (a), (b)(1), and (b)(2).’’; tion 242(a)(2) to other eligibility determina- sultation with the minority leader, I (4) in subsection (b), by adding after para- tions pertaining to discretionary relief under ask unanimous consent that the vote graph (2) the following new paragraph— this Act.’’. (d) EFFECTIVE DATE OF SUBTITLE (c).—The occur on passage of House Joint Reso- ‘‘(3) SPECIAL RULE FOR CERTAIN ALIENS COV- amendments made by subtitle (c) shall be ef- lution 94, the continuing resolution, at ERED BY THE SETTLEMENT AGREEMENT IN fective as if included in Illegal Immigration American Baptist Churches et al. V. 2:15 today. Reform and Immigrant Responsibility Act of Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. The PRESIDING OFFICER. Without 1996 (P.L. 104–208, Division C, 110 Stat. 3009). 1991).— objection, it is so ordered. (e) APPEAL PROCESS.—Any alien who has ‘‘(A) The Attorney General may, in his or become eligible for suspension of deportation Mr. LOTT. I observe the absence of a her discretion, cancel removal and adjust the or cancellation of removal as a result of the quorum. status from such cancellation in the case of amendments made by subsections (b) and (c) The PRESIDING OFFICER. The an alien who is removable from the United may, notwithstanding any other limitations clerk will call the roll. States if the alien demonstrates that— on motions to reopen imposed by the Immi- ‘‘(i) the alien has not been convicted of an The assistant legislative clerk pro- gration and Nationality Act or by regulation offense under section 212(a)(2), 237(a)(2), or ceeded to call the roll. file one motion to reopen to apply for sus- 237(a)(3) and— Mr. MACK. Mr. President, I ask pension of deportation or cancellation of re- ‘‘(I) was not apprehended after December unanimous consent that the order for moval. The Attorney General shall designate 19, 1990, at the time of entry, and is either— a specific time period in which all such mo- the quorum call be rescinded. ‘‘(aa) a Salvadoran national who first en- tions to reopen must be filed. The period The PRESIDING OFFICER. Without tered the United States on or before Septem- must begin no later than 120 days after the objection, it is so ordered. ber 19, 1990, and who registered for benefits date of enactment of this Act and shall ex- Mr. MACK. Mr. President, what is pursuant to the ABC settlement agreement tend for a period of 180 days. the pending business before the Sen- on or before October 31, 1991, or applied for (f) EFFECTIVE DATE OF SECTION.—This sec- ate? Temporary Protected Status on or before Oc- tion shall take effect one day after enact- The PRESIDING OFFICER. The tober 31, 1991; or ment of this Act. ‘‘(bb) a Guatemalan national who first en- pending business is the Coats amend- Mr. MACK. Mr. President, I ask ment. tered the United States on or before October 1, 1990, and who registered for benefits pursu- unanimous consent that Senator REED Mr. MACK. I ask unanimous consent ant to the ABC settlement agreement by De- of Rhode Island be added as a cosponsor the Coats amendment be set aside. cember 31, 1991; or of this amendment. The PRESIDING OFFICER. Without ‘‘(cc) the spouse or unmarried son or The PRESIDING OFFICER. Without objection, it is so ordered. daughter of an alien described in (aa) of this objection, it is so ordered. AMENDMENT NO. 1253, AS MODIFIED subclause and granted relief under this para- Mr. MACK. Mr. President, the Mr. MACK. Am I correct that the graph, provided that the spouse, son or amendment I have offered simply clari- daughter entered the United States on or be- pending business before the Senate now fore September 19, 1990, or the spouse or un- fies the implementation of last year’s is amendment 1253? married son or daughter of a alien described immigration legislation in one specific The PRESIDING OFFICER. The Sen- in (bb) of this subclause and granted relief area, the suspension of deportation. ator is correct. under this paragraph, provided that the Last year’s bill imposed stricter stand- Mr. MACK. Mr. President, I have a spouse, son or daughter entered the United ards to obtain suspension of deporta- modification to send to the desk. states on or before October 1, 1990; or tion. While this is fine for future appli- The PRESIDING OFFICER. The Sen- ‘‘(II) is an alien who— cants, it is unfair to impose new, ator has a right to modify his amend- (aa) is a Nicaraguan, Guatemalan, or Sal- harsher standards on cases which were vadoran who filed an application for asylum ment. with the Immigration and Naturalization already in the pipeline at the time of The amendment, as modified, is as Service before April 1, 1990, and the Immigra- passage. follows: tion and Naturalization Service had not This amendment does two specific Strike all after the word ‘‘section’’ and in- granted, denied, or referred that application things: first of all, it clarifies that cer- sert the following: as of April 1, 1997; or tain Central American immigrants who September 30, 1997 CONGRESSIONAL RECORD — SENATE S10197 were in the administrative pipeline for Several other points. The reason why fighting for freedom is not simply suspension of deportation must con- we believe this is important is because standing firm in the U.S. Senate for a tinue to meet the standards that ap- we believe that this in essence will strong national defense. But standing plied before the immigration reform deny these people the right to due firm for the protection of individual law took effect. Second, the annual cap process under laws with respect to sus- rights is, in fact, standing up for free- on suspensions of deportation would pension of deportation. dom. And I encourage my colleagues to only apply to cases commenced after I want to emphasize to my colleagues support this amendment. April 1, 1997. that this is not amnesty, and there is We have encouraged those people Without those two changes, we will nothing automatic here. Let us assume over years, not only in their fight for be changing the rules midstream for a for a moment that this amendment freedom, but afterward, telling them group of people who were attempting were to pass. We are not guaranteeing that if they played by the rules they to comply with the guidelines for regu- anybody anything other than the fact could stay in this country. larizing their immigration status. We that they will have to comply with the encouraged them to come forward and rules as they existed at the time they Mr. President, again, I encourage my play by the rules and we cannot go came into the process of suspension of colleagues to support this amendment. back on our word now. deportation. It is the right thing to do. It is a fair As a way of background, let me lay Again, I want to emphasize to my thing to do. And it would be in the best out some information for the Senate. colleagues that this is not amnesty. interests of our country to continue to Starting in the mid-1980’s, Nica- Every person affected by my amend- stand up for freedom for this group of raguans, Salvadorans, and Guate- ment is merely being given a chance people. malans fleeing the civil wars in their for due process, to have their case I yield the floor. home countries started coming to the heard. They must still meet the cri- The PRESIDING OFFICER. The Sen- United States. Many of them made asy- teria to be granted suspension of depor- ator from Florida. lum claims, many of which were im- tation. In addition, my amendment is properly denied as the U.S. Govern- focused only upon an identifiable Mr. GRAHAM. Mr. President, I am ment acknowledged by ordering them group. There are those who want to very proud to support my friend and readjudicated. In the case of Nica- create the impression that if this colleague, Senator MACK, in our efforts raguans, this was done through the amendment passes literally millions of to include the Immigration Reform and Nicaraguan review program established people, millions of illegal immigrants Transition Act, as modified, in this by Ronald Reagan. And in the case of will use this as a loophole to remain in current legislation. It is important Salvadorans and Guatemalans this was the country. This is an extremely iden- that we take this step today, or as soon done through settlement of the ABC tifiable group. And, again, working thereafter as possible. There are thou- class lawsuit agreed to by the Bush ad- with the INS, we have concluded that sands of families who are currently in ministration. there are probably in the neighborhood a legal limbo because of the retroactive A huge backlog of asylum claims, of 316,000 individuals that would be in- changes that were made in the immi- however, then prevented their cases cluded in the group, and of that 316,000 gration laws that were passed in 1996. from being reheard for many years. it is likely that 150,000 will receive sus- Senator MACK, Senator KENNEDY, and Meanwhile, various temporary statuses pension of deportation. others have worked to develop a bipar- allowed the members of this group to Again, I make the point that we tisan, humane solution to give these avoid deportation. In addition, they re- ought to pass this amendment from the families the opportunity to remain to- ceived authorization to work legally in perspective of fairness. We should not gether—and I underscore the word ‘‘op- the United States. During that time change the rules midstream for this portunity’’—and to continue the lives many members of that group estab- group of people. It is unfair and, I that they have built in hundreds of our lished strong roots in this country. would make the claim, un-American. local communities in the United Under immigration law, there has On a personal note, from time to States. long been available a procedure called time, I have been asked why I became I can tell you from personal knowl- ‘‘suspension of deportation’’ for an in- involved in this issue, and I will tell edge and experience and relationships, dividual found to be of good character you that one of the memories that that the people to whom this amend- and who has been here for 7 years to comes back to me is a trip to Nica- ment is primarily directed are, in the adjust to legal status if deporting that ragua back in the 1980’s where I went overwhelming number, hard-working, individual would cause ‘‘extreme hard- to a contra camp, and this was at a tax-paying, law-abiding individuals ship’’ to the person or his or her imme- particular period of time where the who have followed every rule and regu- diate legal present relative. This re- concern was whether the United States lation since they have been resident in quires a case-by-case adjudication that was going to continue to provide as- the United States and are making a the person being granted this benefit sistance to those fighting for freedom contribution to the development of our meets the legal standard. Because of in Nicaragua. And since they did not country. Since the 1996 retroactive im- the asylum backlog and because condi- have the commitment to those finan- migration bill passed, with the con- tions in the individual’s home country cial resources, thousands of these free- sequences that Senator MACK has just had changed since the filing of their dom fighters came back into the camps outlined, these families have lived in original asylum claims, the Depart- in northern Nicaragua. I visited them. fear, fear of being uprooted and torn ment of Justice under President Clin- It was quite a scene—I must say, too, a apart, and fear that all of their hard ton encouraged these central Ameri- very emotional scene. work in the United States will be for cans to seek suspension of deportation As the helicopter landed, off to the naught. We now have the chance to act rather than continuing to press their side of the camp two lines were formed, and ease these fears. asylum claims or file a new lawsuit. in essence two lines of men in fatigues Again, the point that I am trying to at attention. As we walked through The thousands of people we are seek- make here in laying out this history is this group of individuals, where rough- ing justice for have human faces. They that each step along the way this group ly 7,000 to 8,000 freedom fighters were are not just statistics, they are not of individuals has complied with the standing at attention, three men, three just theories in an Immigration Act. I rules that existed at the time. In fact, of the soldiers, with guitars played the want to submit for the RECORD, stories we went to the extent that we encour- Nicaraguan national anthem. It was a that mention the human dimension of aged these people to file for suspension tremendously emotional period. In es- this important amendment. Also, I ask of deportation, and it would just be sence I said to them that we will not unanimous consent to have printed in fundamentally unfair at this point if abandon you, that we will continue to the RECORD, editorials in support of the we were to change the rules on these support you in your fight for freedom. actions we are urging today. people who in fact have been trying to I would make the case that fighting There being no objection, the edi- live by the rules every day that they for freedom is not just providing re- torials were ordered to be printed in have been here. sources to those engaged in battle, or the RECORD, as follows: S10198 CONGRESSIONAL RECORD — SENATE September 30, 1997 [From the Miami Herald, Mar. 4, 1997] The Nicaraguans are suing the government a fee—while knowing full well Congress was DEPORTATIONS WITHOUT CAUSE in a class-action suit representing some considering eliminating that right of suspen- Once again the United States has thrown 30,000 to 40,000 immigrants who could qualify sion. up a hurdle to stymie immigrants who have for legal status if not for the retroactive ap- The Nicaraguans, stung and frightened by legitimate grounds to stay in this country. A plication of a provision in the new law. unfair government treatment in a nation recent ruling by the Board of Immigration Under that provision, immigrants we were supposedly built on fairness, have gone un- Appeals could send packing tens of thou- served ‘‘show-cause’’ papers by immigration derground, or pulled their children from sands of Nicaraguans, Salvadorans, Mexi- authorities before their seventh year in the school, or decline to come forward for medi- cans, and others who have lived in this coun- United States no longer qualify for relief cal treatment. One Nicaraguan child, cited try for years. from deportation. by King in his ruling, died when his parents The case before the board involved a Nica- Senior U.S. District Judge James Law- refused to bring him to a hospital for treat- raguan woman from Miami who had been rence King heard testimony for two days last ment. served deportation orders. Like any number week and temporarily barred the deportation The Nicaraguans thought, not without who fled Nicaragua during the 1980s, she of those immigrants. U.S. attorneys argued some validity, that by appearing in public sought legal status under immigration rules that under the new law, federal courts do not they would be picked up and deported. That’s that offer relief to those who, among other have jurisdiction in these immigration cases. perhaps the saddest story, with the most criteria, have been in the United States for The government’s argument ‘‘would require painful lesson to emerge from this debacle: at least seven years. The board rule 7–5 that the court to rule that there is simply no Come forward voluntarily, and some U.S. she was ineligible for relief, however. It in- remedy available for the 30,000 to 40,000 Nica- government agent could send you packing, terpreted the new Illegal Immigration Re- raguan refugees and others who have sought leaving your American-born children behind. The best way to end this deeply embarrass- form and Immigrant Responsibility Act to suspension of deportation. The court declines ing episode is for Attorney General Janet mean that her time in the United States to do so,’’ ruled Judge King. Well done, and Reno, one of the defendants, to convince her ended when she was served a summons called well said. boss, President Clinton, that the new immi- an ‘‘Order to Show Cause.’’ Though phys- Unbelievably, however, government law- gration law has been misintepreted. Then ically she had resided and worked in the yers are still battling to keep the immi- the INS should slink away, and let the Nica- United States more than the required time, grants from their right to a hearing. Why? raguans live in peace, in what Judge King re- the board said, officially she did not meet Because their testimony would form a fac- ferred to as ‘‘a nation renowned throughout the seven-year criteria for suspending her de- tual record on the merit of their claims for the civilized world for justice, fairness and portation. an appellate court to review. Congress is em- Ernesto Varas, the woman’s attorney, is powered to limit courts’ jurisdiction, Judge respect for human rights.’’ one among many who dispute that legal in- King wrote. But it can’t deny courts their Mr. GRAHAM. Mr. President, I am terpretation. He now plans to take the case power to review constitutional questions. working today to offer fairness and jus- to the 11th U.S. Circuit Court of Appeals. To his credit, Judge King has called the tice for a woman who lives in Miami. Meanwhile, there is little comfort for those government lawyers’ bluff. He ordered them to produce thousands of pages of documents She is 86 years old. She and her family living under threat of deportation. The INS, came to America, encouraged by the which is still mulling the Immigration Board to the immigrants’ lawyers by tomorrow. He ruling, doesn’t offer an estimate of how ordered INS Commissioner Doris Meissner U.S. Government to do so in 1984. With- many may be affected. In South Florida, es- and other officials to appear in his court on out this amendment, she faces almost timates range from 20,000 to 75,000 possible Saturday and Monday for depositions. And certain deportation back to Nicaragua. deportees. The prospect alarmed even he set a hearing on a temporary injunction With this amendment she has the Nicaragua’s National Assembly, which ar- for next Tuesday. chance, the opportunity to apply to be gued in a letter to the U.S. Congress that its Now it’s the government’s move. Could it considered on her own individual mer- economy is in no shape to absorb such an im- just make too much sense to stop wasting tax dollars trying to deport productive, tax- its, based on her length of residence in pact. the United States and her contribu- Alternatives to deportation should be paying, longtime immigrants without due sought. Particularly for Nicaraguans, who process, a hearing to which they’re entitled? tions since she has been in this coun- sought refuge from the Sandinista regime in We’ll soon see. try, to stay in the United States on a the country that financed the war against permanent, secure basis. the Sandinistas. Deportation would mean [From the Ft. Lauderdale Sun-Sentinel, I also speak on behalf of an 18-year- unjust hardship for folks who have lived here June 26, 1997] old student at Coral Park High School peaceably for years, such as Nicaraguan RENO SHOULD BACK JUDGE’S RULING, HELP in Miami. This student’s parents fled Juan Sorto of Fort Lauderdale. As reported NICARAGUANS TO STAY IN PEACE Nicaragua when he was 7 years old. His by Mabell Dieppa in El Nuevo Herald, Mr. It’s temporary reprieve, but a welcome and family was allowed to stay under the Sorto entered the United States from Mexico justifiable one, for 40,000 Nicaraguans who on Jan. 2, 1987. Served with an Order to Show old law, and now he may be forced back were about to be deported from this country. to a country with which he has almost Cause the same day, he may not qualify for In a lengthy ruling, dripping with anger at relief from deportation—even though the the government and packed with compassion no connection. INS released him on bail and issued him for hard-working immigrants, U.S. District These two examples, an elderly lady work permits, and even though he has paid Judge James Lawrence King blocked their and a young man, are examples of the taxes and supported his three U.S.-born chil- deportation at least until a trial can be held people to whom we are attempting to dren for 10 years here. in January. apply fundamental fairness, to give Attorney General Janet Reno should keep Their deportation orders should be revoked them the opportunity to apply on their in mind Mr. Sorto and contradictory U.S. permanently. Nicaraguans who fled to this policy and review the Immigration Board’s own merits, on their own records in country in the 1980s as refugees from their this country, for a legal, permanent recent ruling along with its implementation country’s bloody civil war, in which the by the INS. United States was deeply involved, were at status. These families have been in our first helped by the Immigration and Natu- Nation since the early 1980’s, since our [From the Miami Herald, May 22, 1997] ralization Service to get work permits and Government encouraged them to flee DEFENDING THE INDEFENSIBLE find jobs. Communist oppression and civil unrest It’s bad enough that Congress passed the As King pointed out, the Nicaraguans then in Central America. Speaking specifi- immoral illegal Immigration Reform and established homes, married, had children and cally to those who have come from Immigrant Responsibility Act, now in effect. grandchildren, started businesses, paid taxes, Nicaragua, they fled a nation which It’s worse that the U.S. Immigration and Na- obeyed our laws and contributed to their had been taken over by a Communist tionalization Service is incapable of enforc- communities. In return, INS changed the ing this law with any measure of common- rules in midstream and tried to deport them regime, which was supported by the sense or consistency. It’s worse still that the to their native land. then-Soviet Union. In one of the last of highest immigration court misinterpreted— That’s unfair and unacceptable. ‘‘Their those cold war confrontations in a forcing the INS to misapply—the law so that hopes and expectations of remaining in the third country, between the Soviet overnight tens of thousands of Nicaraguans United States were raised and then dashed’’ Union and the United States, the Unit- and other longtime immigrants became de- by INS’ change in policy, King said, and if ed States encouraged those Nica- portable aliens. they’re deported they’ll be separated from raguans to leave, to come and to par- But worse of all, what’s happening now in their children and irreparably harmed. U.S. District Court in Miami is simply rep- King’s ruling in Miami was gutsy and ap- ticipate in the effort, which was finally rehensible: The federal government is using propriate. It lashes at the INS for misinter- successful, to restore democratic gov- its full weight to try to keep those immi- preting a new immigration law and for lur- ernment to Nicaragua. grants from having their deserved say in ing tens of thousands of Nicaraguans to Mr. President, 15 years after they court. apply for suspension of deportation—and pay came at our request, they own their September 30, 1997 CONGRESSIONAL RECORD — SENATE S10199 own homes, they have U.S. citizen chil- uals who chair authorizing commit- was a quarter of all our asylum appli- dren, they have opened up small busi- tees, in this case the Immigration Sub- cations in that timeframe. nesses, they have become flourishing committee which I chair, frequently Meanwhile, similar events took place entrepreneurs. Now we have changed are at odds with Members who seek to in Guatemala. Approximately 42,000 the rules and threaten to divide fami- use appropriations bills as vehicles for Guatemalans applied for asylum in the lies. This massive upheaval would be substantive legislation. United States. detrimental, not only to the individ- So I wanted to come down today to Meanwhile, the civil war in Nica- uals affected, but also to Central Amer- speak on behalf of this amendment and ragua in the 1980’s also prompted ac- ican nations that would be forced to to explain it a little bit, both why I am tions of a similar nature. As you know, absorb thousands of new residents. not here in opposition on the basis of Mr. President, during the 1980s, there This action, taken in 1996, if not modi- the process we are using, and also why was a war between the Communist-in- fied by this amendment which Senator I support doing something at this time fluenced Sandinistas, who controlled the government at the time, and MACK, Senator KENNEDY, and I are pro- along the lines outlined in the amend- posing today, would have adverse ef- ment. groups seeking to overthrow that gov- fects on U.S. interests in this impor- First, Mr. President, let me just indi- ernment. These groups ultimately were tant region. It would have a destabiliz- cate that a number of us have been supported by the U.S. Government and ing effect today. It would have an even working for some months to try to re- became known as the Contras. The war greater impact in the future, when, solve the issues that are addressed by drained the Nicaraguan economy, God forbid, we were ever in another sit- this amendment. We are working with which was battered as well by a United uation as we were in Nicaragua in the our House counterparts. We will con- States embargo on trade and a series of early 1980’s. How could the United tinue to work, even as we move for- natural disasters. Approximately States with any credibility call out to ward in the Senate today, to try to find 126,000 Nicaraguans applied for asylum the people of that country to resist the an ultimate solution. in the United States from 1981 to 1991. What happened when these various actions of governments which were At the same time, though, time is of the essence. There is a sense of ur- people came to our country was some- antithetical to U.S. interests? what different than what happened to I believe the honor of the United gency, I think a growing sense of ur- others who have come here. First of States of America is at stake in this gency, among a number of Members, as all, many of these people were, in one amendment that we offer today. I em- expressed by both the Senators from Florida, as well as in my case and prob- form or another, either asylees or phasize, as Senator MACK has so effec- invitees. Indeed, the actions with re- tively done, that this is not an am- ably other Members as well, because the impact of the 1996 immigration leg- gard to the Nicaraguans in particular nesty program. We are not stating that suggests that the American Govern- islation is slowly but surely coming all of these people who meet the stand- ment was actively promoting the no- into effect. The people who may or may ards covered by this amendment will tion that those Nicaraguans, fearful of not be affected by that legislation, de- become permanent residents, or have the outcome of these uprisings, come pending on the various decisions to be any other legal status in the United to America. The extended voluntary made by the Department of Justice and States. What we are saying is that departure program, which was granted the courts, are living on a day-to-day under the rules that applied at the by our Attorney General, was a form of basis under the threat of the prospect time they came into this country, at temporary protection from deportation of deportation. It seems it is in every- our invitation, they will have the right granted under the discretionary au- to apply. They will have the right to one’s interest, but it is also in the in- thority of the Attorney General. apply to receive permanent residence. terest of fairness for these individuals, When that program, which began in It will then be their obligation to meet for us to try to take legislative action 1979, expired, it was extended further the standards to justify a permanent to resolve and address these matters through a variety of other congres- status in the United States. That is once and for all. sional actions and administrative ac- fundamental American fairness. Both Senators have already talked at tions. In 1987, the Reagan administra- By adopting this amendment and by some length about the chronology of tion established the Nicaraguan Re- recommitting ourselves to that stand- circumstances that brings us here view Program. The NRP provided an ard of fairness and justice, we will be today. I won’t go into all the detail, extra level of review to Nicaraguans sending a strong message, that we will nor do I have the sort of personal, first- denied asylum. The Attorney General, support the foreign policy objectives hand experience of having served in the taking into account a new Supreme that led to our call in the first in- Senate or the Congress at the time Court decision bearing on standard of stance. We will be sending a strong many of these issues were previously proof for an asylum applicant to show message that the United States of debated. I am a late arrival to the de- fear of persecution, encouraged Nica- America believes in playing by the bate, and I am more an observer of the raguans to reapply for asylum under rules and not changing those rules in circumstances that took place in the new standard and instructed the midlife. Central America than a participant. INS to conduct outreach in Nicaraguan These families deserve that message Those were significant times, Mr. communities and to issue work permits of fairness. They deserve it now. They President. The civil wars of the 1980’s to Nicaraguan applicants as soon as fled persecution and communism to in El Salvador, in Guatemala, and they applied for asylum under the new seek a safe haven in our country. They Nicaragua were integrally related to standard. assisted our country in restoring de- the national security policy of our When that program ended in 1995, the mocracy to their country. We must not country, as well as our views with re- INS published a notice announcing the abandon them now. gard to America’s role in our hemi- termination of the program. Instead of Mr. President, I yield back my time sphere. facing deportation, however, under a to my colleague, Senator MACK, and Throughout the 1980’s and into the phaseout program, Nicaraguans were also to Senator ABRAHAM, for further early 1990’s, El Salvador lived through encouraged to reopen their deportation comments on this issue. Thank you, a brutal civil war which left tens of cases and apply for suspension of de- Mr. President. thousands of people killed, over a quar- portation, for which they were told Mr. ABRAHAM addressed the Chair. ter of the population driven from their they may be eligible if they had been in The PRESIDING OFFICER (Mr. SES- homes and the economy in shambles. the United States continuously for 7 or SIONS). The Senator from Michigan. Hundreds of thousands of Salvadorans more years. Mr. ABRAHAM. Thank you very made their way to the United States The point of my statement with re- much, Mr. President. seeking asylum out of fear of being spect to Nicaraguans, and a similar set I rise today to speak in support of killed by the military, the leftist guer- of circumstances as pertains to the the amendment offered by the Senators rillas or the extreme right death Salvadorans and Guatemalans, is that from Florida. This may be a somewhat squads. In fact, from fiscal year 1981 to during this period, Mr. President, in unusual occurrence in the Senate, be- fiscal year 1991, approximately 126,000 the 1980’s, this country actively en- cause it is often the case that individ- Salvadorans applied for asylum. That couraged people fearing persecution, S10200 CONGRESSIONAL RECORD — SENATE September 30, 1997 fearing death squads, fearing disrup- cluded that, as to them, we will retro- would be adequate to meet the amount tions of their communities to come to actively change the rules. of such suspensions and adjustments of America. Then we took extraordinary Let me talk about what those rule status that would be granted by the re- measures to make it feasible for them changes would be. First, as opposed to viewing boards, the immigration to stay here, even those who had been being required to be in the country for courts. I believe that 4,000 figure was denied asylum through the official asy- 7 years, the requirement was changed recommended by the Immigration lum-seeking procedures. to 10 years, meaning an additional 3 Service because it was never con- All of this transpired, Mr. President, years before one could even seek to templated that it would be applied to prior to the passage of the 1996 immi- have their status cleared. In addition, those who are in this category of gration bill. At that point, things the standard to be used in such adju- Central Americans we are trying to ad- changed. Here I think it is very impor- dications was made much more dif- dress today because this category is a tant to understand some of the legal ficult. In other words, the standard much larger group. They will consume circumstances that changed. that people had been promised they more than 4,000 adjustments per year, Prior to the passage of the 1996 bill, if would be judged by for all the years because at least that many and prob- someone had been in this country for a they were here was altered and made a ably as many as 7,000 or 8,000 more per period of 7 years or more, they were much tougher standard retroactively year will meet the standard and be per- permitted to seek suspension and ad- after they had stayed longer, after they mitted to stay. justment of their status from being in had detrimentally relied on the assur- The cap now in place has the perverse illegal status here or being here under ances they had been granted with re- effect of literally putting people in a one of the special programs for the gard to whether or not they would be position where if they somehow meet Central Americans. Extensions were given a hearing, and after they had the 7- or 10-year standard, if they given to the Central American commu- been told what they had every reason somehow meet the adjudicatory stand- nities I have mentioned to allow them to expect was the basis on which the ard of whether or not they will be per- to stay here long enough to apply for relief would be granted. mitted to stay if the 4,000 cap is these programs. Furthermore, based on a judicial de- reached, they will still be deported. Detrimental reliance on their part cision made within the immigration Now, I can’t imagine that that was the occurred under the belief that if they courts, the clock was stopped with re- intent of the drafters, and I can’t imag- continued to follow these programs, spect to the accrual of time toward the ine, frankly, Mr. President, it would be they would be given their day in court 10-year standard, or, for that matter, sustained in the Federal court system. and given a fair adjudication of their the old 7-year standard, because it was I believe it is one of a variety of prob- status, and that is what transpired. determined as soon as the individuals lems that now exists and which will be At every step of the way, either had received so-called orders to show effectively addressed by Senator through an act of Congress or through cause, the clock would stop. MACK’s proposal. an act of the executive branch, these Mr. President, these are obviously To summarize what these problems individuals were given, I think, a very fairly complicated legal terms, and I are, there are the constitutional issues clear signal that they would be able re- will try to simplify them here for pur- that I think will arise. The due process main if they played by the rules that poses of this discussion. The rules were question is whether the standards were then existent: That if they stayed changed in the middle of the game to could be changed in the middle of the for 7 years and proved themselves to be the detrimental reliance of literally game and applied retroactively. We of good moral character, they would be thousands of individuals who had been have the problem of this cap, which po- given an opportunity to have a full ad- waiting and playing by the rules and, tentially creates the absurd cir- judication of whether or not any proc- in most cases, had actually made them- cumstance I just described where peo- ess to deport them would be suspended selves available for this process by ple who have been adjudged to be able and whether or not they would be given coming forward in response to require- to stay in the country are still de- a green card and a chance to stay per- ments that had been in the earlier leg- ported because the 4,000 limit has been manently. islation that had set the process in mo- reached. We have the anomaly I have However, the 1996 bill changed the tion. described where those people who were rules under which this would be per- Now they had a choice when the ear- trying to play by the rules, who sub- mitted. In my judgment, Mr. President, lier legislation was passed. They could jected themselves to the process in re- it was not the intent of Congress to have disappeared into the country, sponse to legislation we passed, would have this 1996 legislation retroactively never subjected themselves to the proc- suddenly find themselves in a disadvan- apply to the people in these cir- ess, and been totally immune from any taged position as opposed to those who cumstances. I believe that Congress deportation unless they were somehow never played by the rules in the first tried to avoid changing the standard discovered. Alternatively, they could place. And what we have, in effect, is a retroactively. make themselves available, accept or- circumstance that I describe as bait We specifically provided that, gen- ders to show cause, subject themselves and switch. We encouraged people to erally speaking, the old rules are sup- to the process under a standard they come forward, to make themselves posed to be applied to people in depor- believed would remain in place until available for the adjudicatory process, tation proceedings before April 1, 1997, they had their trials, and then either and once they do, based on this inter- the effective date of the act. The prob- be able to stay or be required to leave pretation of the 1996 bill, we have now lem is the INS has interpreted the act based on a fair adjudication. changed the standard by which they as saying that many of the Central For the people who played by the will be subjected and changed whether Americans were not in deportation pro- rules, the second group, the rules are or not even if they successfully meet a ceedings before that time and, hence, it now being changed. They will be dis- standard, they will be allowed to stay. has to apply the tougher new standards advantaged as opposed to the people For all those reasons, I think we to them. who did not play by the rules. To me, really have to do something in the Now, the basis on which this deter- Mr. President, that would be a com- short run, not wait any longer. I think mination was made by the INS, I be- plete and catastrophic mistake for us the bill offered by Senator MACK makes lieve, Mr. President, is extremely sub- to make. It has to be addressed in the sense, and it is consistent with the ject to question. I think it is an ex- interests of fairness. long history of America’s response to tremely difficult case to make that the Now, there is another thing that has the Central American community and group that the INS has argued were not changed that I will also mention in the to the struggles of the 1980’s. For that in proceedings as of April 1, 1996, truly bill that was passed in 1996, a limit, a reason, as I said at the outset, al- were not in proceedings. I believe they cap of 4,000 suspensions and adjust- though it is a little bit unusual for an acted exactly as they had been told ments per year was placed and put in authorizing committee chairman to they should act, to qualify for the adju- force. I believe it was put in force at come down to the floor to support the dications I have mentioned. But for that level because it was the view of inclusion of legislation within their whatever reason, the INS has con- the drafters of the legislation that 4,000 sphere on appropriations, I support this September 30, 1997 CONGRESSIONAL RECORD — SENATE S10201 legislation and look forward to work- EMPOWER AMERICA, immigrants—who are residing in this coun- ing with other Members—if we are Washington, DC, September 29, 1997. try legally—to get relief. going to pass this—work both with the Hon. TRENT LOTT, Most affected by the provision are thou- sands of Central Americans from El Sal- Senators as well as with our House col- U.S. Senate, Washington, DC. vador, Nicaragua, and Guatemala who have leagues to try to ultimately reach a so- DEAR SENATOR TRENT LOTT: In the 1980s, been in this country legally under temporary lution that is satisfactory to everyone we stood in solidarity with the people and protection from deportation while civil wars affected. governments of Central America who strug- in their countries made it dangerous for gled for democracy and peace when threat- them to go home. These refugees, having The PRESIDING OFFICER. The Sen- ened by expanding Communist violence and lived and worked here for at least seven ator from Florida. influence. We stand in solidarity with them years, are eligible to remain in the U.S. per- Mr. MACK. Mr. President, I want to today, as they work to consolidate democ- manently. The 1996 Act changed the rules of this relief. H.R. 2302 and S. 1076 would pre- thank Senator ABRAHAM not only for racy and free market economies. Central America’s struggles of the last dec- vent the new rules of IIRIRA from being ap- his eloquent statement but also his un- ade caused thousands of Central Americans plied to cases that were ending when the law derstanding of the matter of why we to flee to the United States. These Central went into effect on April 1, 1997. have ended up in this situation of hav- American refugees have tried to comply with Thank you for your consideration and sup- ing to deal with this issue on an appro- U.S. laws and with the immigration require- port. priations bill. Again, I appreciate both ments which governed their presence in this Sincerely, your effort and your staff’s effort over country. These rules and understandings ELAINE Z. GRAHAM, this last week or 10 days to try to keep have now been changed retroactively and un- Senior Vice President, Government Affairs and Membership. making the effort to see if there was fairly. Our Central American friends living in the United States now face unexpected CHRISTINA M. HOWARD, some way we could come to some and unjust deportations, and their countries Senior Legislative Representative. agreement that would not have to put of origin will face destabilization. Central Mr. MACK. Mr. President, I ask the Senate through this debate. So America will not be able to simultaneously unanimous consent that editorials again, your counsel was invaluable, absorb influxes of large numbers of people from the Miami Herald, New York and I appreciate your presence on the being forcibly deported and the deprivation Times, and Washington Times be print- of family remittances that have bolstered floor as the chairman of the Sub- ed in the RECORD, also. committee on Immigration of the Judi- these struggling economies. The ex post facto legislation under which There being no objection, the articles ciary Committee. It is very meaningful Central Americans in our country are were ordered to be printed in the to have your support, and we thank threatened with deportation undermines and RECORD, as follows: you very much. violates our principles and one of President [From the Miami Herald, Sept. 3, 1997] Just a couple of other comments, Mr. Reagan’s most cherished legacies—a stable FIX CRUEL IMMIGRATION LAW and free Central America. Fresh from summer recess, Congress re- President. I wanted to indicate some of Senator Connie Mack has introduced the those who are supportive of this legis- turns this week to tackle substantive issues Immigration Reform Transition Act, S. 1076, anew. One that it needs to address is the lation. I have a letter from Empower legislation which will rectify this unfortu- America that is signed by Jeane Kirk- plight of longtime immigrants who unjustly nate situation. We urge you to support this face deportation because of an unfair, un- patrick, former Ambassador to the bill. We urge you to join us in standing in American law. United Nations; Jack Kemp, former solidarity with the free people and demo- Enacted by the same Congress that Member of Congress and former Sec- cratic governments of our Central American brought you anti-immigrant welfare reform, retary of HUD; William Bennett, neighbors and friends. a new 1996 immigration law denies the Sincerely, former Secretary of Education; Lamar chance to gain legal status to hundreds of JEANE KIRKPATRICK. Alexander, former Secretary of Edu- thousands of Central Americans and others JACK KEMP. who have lived peaceably in the United cation; and Steve Forbes. All of them WILLIAM BENNETT. States for years. Some of the new law is so are supporting the legislation, making LAMAR ALEXANDER. shameful that Senior U.S. District Judge some of the same points that have been STEVE FORBES. James Lawrence King, in a class-action suit made already in the debate this morn- in Miami, has ruled that it violates the due- ing. They urge support of the bill. NATIONAL RESTAURANT ASSOCIATION, process rights of some 40,000 Nicaraguans Washington, DC, September 23, 1997. with more than seven years in this country. ‘‘We urge you to join in standing in U.S. SENATE, After Judge King forbade the Immigration solidarity with free people and demo- Washington, DC. and Naturalization Service to deport these cratic governments of our Central DEAR SENATOR: On behalf of the National class members, Attorney General Janet Reno American neighbors and friends.’’ Restaurant Association and the 787,000 res- commendably extended the same protections taurants nationwide, we urge you to support nationwide to cover an estimated 150,000 The point they stressed in the letter bipartisan immigration legislation that will Savadorans and 80,000 Guatemalans as well. is that the Central American countries, provide relief for many hardworking mem- These people also fled U.S. supported civil who, in essence, we went to bat for in bers—employees—of the restaurant industry. wars in their homelands during the 1980s. the 1980’s to protect democracy and to First, we urge you to support permanent Many have been issued work permits repeat- move them toward freedom and cap- extension of Section 245(i) of the Immigra- edly and have established families and busi- tion and Nationality Act as part of the Fis- italism, today are still struggling in nesses. They send billions of dollars to loved cal Year 1998 Commerce, State, Justice Ap- ones back in their homelands, helping keep that battle. To send several hundred propriations bill. Section 245(i), which sun- struggling economies afloat and dampening thousand individuals back into an envi- sets on September 30, 1997, enables certain illegal immigration to the United States. ronment, for example, in Nicaragua, restaurant employees who are eligible for Unjust immigration law should be cor- where the unemployment rate is 60 per- permanent resident status to remain in the rected. To their credit, a number of legisla- cent, would destabilize those countries, United States while their application for a tors have submitted various proposals with which would be just the opposite of the ‘‘green card’’ is being processed. By defini- that intent, the best of which was authored effort that we made in the 1980’s. tion, these are employees who are outstand- by U.S. Rep. Lincoln Diaz-Balart, R-Miami. ing in their field or for whom no U.S. worker An administration-backed bill, proposed by Again, I appreciate their letter and is available. Many families and businesses Sens. Bob Graham, D-Miami Lakes, Connie their support of this legislation. To will be disrupted if these employees are Mack, R-Cape Coral, and Edward Kennedy, give you a sense of the range of sup- forced to return to their home country to D-Mass, removes a retroactive ‘‘stop-time’’ port, my colleague from Florida men- wait for paperwork. rule that unfairly prevents many longtime Second, we urge you to support bipartisan tioned several editorials. I don’t want immigrants from gaining resident status. legislation, H.R. 2302, introduced by Rep. But an onerous provision that denies immi- to duplicate those editorials, but I ask Lincoln Diaz-Balart (R-FL) and S. 1076, in- grants judicial review is most offensive and unanimous consent that letters from troduced by Senators Connie Mack (R-FL) quite possibly unconstitutional. Empower America and the National and Edward Kennedy (D-MA). In 1996 Con- Under Mr. Diaz-Balart’s legislation, immi- Restaurant Association be printed in gress passed the Illegal Immigration Reform grants in deportation proceedings before the the RECORD. and Immigrant Responsibility Act (IIRIRA) new law went into effect last April 1 would which made many important immigration rightly qualify for relief under previous, There being no objection, the letters reforms. However, one provision would apply more-favorable rules. The same would apply were ordered to be printed in the new standards and restrictions retroactively, to Nicaraguans, Guatemalans, and Salva- RECORD, as follows: making it much more difficult for certain dorans who filed asylum claims before April S10202 CONGRESSIONAL RECORD — SENATE September 30, 1997 1990; many of them have been hurt by tre- America, it was clear to many here that the fair shake they deserve will also mean mendous INS backlogs. (It would be better if those nations were badly in need of help. The giving their countries a chance to stabilize, the asylum provision extended to Haitians Reagan administration took up the cause of which, after all, has been the aim of the U.S. and others immigrants, too). Folks covered the Contras in Nicaragua, offered support for policy deal all around, for them and for us. by the bill also would be exempt from a arbi- the beleaguered government of El Salvador, Mr. MACK. Again, I mention those trary cap that limits to 4,000 the deporta- even invading Grenada to prevent com- tions that may be canceled annually. munism from gaining foothold in the hemi- particular editorials because I think it Much as its earlier budget legislation re- sphere. Despite the best efforts of Democrats gives you a sense of the range of sup- stored significant welfare benefits to legal to undermine the effort, it was a remarkably port, both Democrat and Republican, immigrants, let Congress now reverse a cruel successful policy. Today, democracy domi- from conservative to those considered immigration law’s punitive provisions. nates the region, and economic reconstruc- liberal, who support our action and tion is taking shape. [From the New York Times, Sept. 29, 1997] support this amendment. But there is one forgotten chapter of the Mr. President, there are several FLAWS IN IMMIGRATION LAWS story, which could have a less than happy things I need to do. The Illegal Immigration Reform and Immi- ending. That’s the over 300,000 refugees from grant Responsibility Act of 1996 is a morass El Salvador, Nicaragua and Guatemala, who I ask unanimous consent that Sen- of technical complexity that has yet to be ended up in the United States, fleeing perse- ator SANTORUM be added as an original fully explicated by either the law’s drafters cution, danger and poverty in their home cosponsor. or the immigration officers who are supposed countries, victims of forces far beyond their The PRESIDING OFFICER. Without to carry it out. But it is already apparent control. objection, it is so ordered. that at least two elements need immediate The status of the refugees was not exactly Mr. MACK. Mr. President, just to correction. legal, but not exactly illegal either. They close this portion of the debate, there One provision unfairly punishes refugees were granted various forms of temporary from Nicaragua, El Salvador and Guatemala protection from deportation, which in ac- may be some that are saying, why are who fled civil wars in the 1980’s and were cordance with the law would become perma- we doing this now? I ask people to try given temporary protection from deporta- nent if certain conditions were met: seven to put themselves in a position of a tion. Under prior law, these refugees, total- years of continuous residency, a record of group of people who have, in fact, ing abut 300,000 could have become perma- good behavior, and proof of hardships await- played by the rules, as was so elo- nent residents by showing that they had ing in their native countries. As a con- quently laid out by Senator ABRAHAM, lived here for seven years and had good sequence, the refugees settled, had children, moral character, and that deportation would and now there is the great potential many becoming a part of the U.S. workforce that the rules could be changed on cause them and their family members ex- that Washington knows very well indeed, the treme hardship. The 1996 act increased the nannies, housekeepers and gardeners that so them and they would be denied due residency requirements to 10 years, elimi- many have come to rely on. process. That is fundamentally wrong. nated hardship to the refugee himself as a That was until the 1996 Immigration Act I want people to think about what it basis to fight deportation and limited the changed everything—and did so retro- must be like to wake up each morning number of immigrants who could seek per- actively. Aimed not so much at the Central manent residency through this avenue to and wonder whether you are going to Americans but at deterring new refugees, the be one of those that will be the subject 4,000. law capped the number of grantees at 4,000, These Central Americans played by an ear- of deportation. Think about the fear changed the conditions, and mandated im- lier set of rules endorsed by both Republican mediate deportation of those who were re- that must be going through that fam- and Democratic administrations, but are ily, that mother or father, when that now being unjustly penalized. The White jected. To obtain what is now known as ‘‘cancellation of removal,’’ a refugee must child goes off to school that afternoon House supports, and Congress should pass, a or that morning. What is going to hap- bill introduced by Senator Connie Mack, a now have been in the country for 10 years, Florida Republican, that would exempt this show good character and demonstrate ‘‘ex- pen? Are they going to receive a notice group from provisions of the new law, allow- treme or exceptional hardship’’ to a U.S. cit- of deportation? I know that our Nation ing the prior legal standards to apply. izen or resident, be that a spouse, child or does not want to impose that kind of A second provision would actually encour- parent—but, oddly, not the refugee himself. fear on people. That is counter to ev- age illegals to stay underground rather than Also, the clock ‘‘stops ticking’’ on those 10 years, the moment the INS removal proceed- erything that we believe. risk going abroad, as they might soon have So again, I ask those who have lis- to, to obtain immigrant visas. The new law ings start. That means that if you applied in imposes a three-year bar to re-entry on good faith after your seven years in the tened to this debate and will be voting illegals who leave the country today and a country (as per the 1986 law), and got re- to vote in favor of this amendment. 10-year bar on those who leave after April 1. jected for having accumulated too little time Mr. KENNEDY. It is a privilege to If a key provision in current immigration (in accordance with the 1096 law), you would join Senator MACK and Senator GRA- law is allowed to expire tomorrow, as sched- now be out of luck because you could not ac- HAM in offering this amendment on be- uled, illegals will have to return to their cumulate more time. If this sounds half of Central American refugees. The Kafkaesque, it’s because it surely is. home countries to obtain permanent visas. amendment we propose today closely Under the current role, people who qualify About 1,000 people were deported before the for permanent residency can have their ap- outcry from the Latin American community parellels S. 1076 the Immigration Re- plications for immigrant visas, or ‘‘green and the governments in the region caused form Transition Act of 1997 proposed by cards,’’ processed here rather than through the Clinton administration to reverse course. President Clinton, which we introduced American consulate in their home countries. On July 10, Attorney General Janet Reno va- on July 28. This does not give them any preference. But cated a Board of Immigration Appeal’s deci- Without this legislation, thousands it reduces paperwork at consulate offices sion in a test case, and the deportations were of Central American refugee families halted, though last week one Nicaraguan was abroad, and generates $200 million a year in who fled death squads and persecution revenues from applicants who pay $1,000 each deported, the first since the attorney gen- to have their papers processed here. eral’s decision. Bills in the House and Senate in their native lands and found safe The Senate has voted to make the provi- will be taken up when Congress comes back haven in the United States would be sion permanent, but the House is expected to to fix the unintended consequences of the forced to return. Republican and Demo- vote only on a three-week extension. If Con- 1996 Immigration Act and to grant relief cratic administrations alike promised gress does not renew the provision, hundreds from the 4,000 annual cap. All the refugees them repeatedly that they will get of thousands of people will have to go abroad want is a hearing based on the conditions at their day in court to make their claims for green cards. Thousands who have met the the time when they were granted temporary to remain in the United States. criteria for permanent residency but are stay—in other words eliminate the element Last year’s immigration law, how- technically illegal in status would be barred of retroactivity in the law, which indeed from coming back for years. only seems fair. ever, turned its back on that commit- Fighting illegal immigration is a difficult But there is not only the refugees to think ment and treated these families un- and important job. But Congress should do it of here. If we want the fragile economies of fairly. This legislation reinstates that in a way that will deter illegal entry at the Central America to recover, governments in promise and guarantees these families border. Deporting Central American war ref- the region will need breathing space. Nica- the day in court they deserve. ugees and those who are on the verge of get- ragua, for instance, has an unemployment Virtually all of these families fled to ting green cards will not achieve that goal. rate of 60 percent and cannot afford to ab- the United States in the 1980’s from El sorb its 250,000 refugees in the United States. [From the Washington Times, Aug. 22, 1997] Nor indeed can the country afford to do Salvador, Nicaragua, or Guatemala. RIGHTING AN IMMIGRATION WRONG without the remittance sent by Nicaraguans Many were targeted by death squads Back in the 1980s when communist regimes here to their families at home. In other and faced persecution at the hands of and insurgences swept through Central words, giving the Central American refugees rogue militias. They came to America September 30, 1997 CONGRESSIONAL RECORD — SENATE S10203 to seek safety and freedom for them- viduals were granted temporary pro- acter. But, in addition, they must selves and their children. tected status [TPS], and were allowed prove that they have been in the Unit- The Reagan administration, the Bush to stay in the United States and work ed States continuously for 10 years and Administration, and the Clinton ad- because of the foreign policy issues at demonstrate that removal would cause ministration assured them that they hand. extreme and unusual hardship to a U.S. could apply to remain permanently in During such time, these Central citizen or legal immigrant, but not to the United States under our immigra- Americans should have been afforded a the illegal immigrant himself. tion laws. They were promised that if proper opportunity to have asylum ap- The fact that this amendment has they have lived here for at least 7 years plications processed, but some were de- been revised to include only Central and are of good moral character, and if nied this opportunity. As a result, Americans is important—during all of a return to Central America will be an these individuals, made up of Salva- the meetings I have had on this issue, unusual hardship, they would be al- dorans and Guatemalans who are some- and of all of the correspondence I have lowed to remain. Last year’s immigra- times referred to as the American Bap- received, none have suggested that any tion law violated that commitment. tist Churches [ABC] case group, were individuals other than those Central President Clinton has promised to given another opportunity to have Americans who fled to the United find a fair and reasonable solution for their asylum cases heard. This group is States in the 1980’s should be processed these families, and the administration also comprised of Nicaraguans who par- under old Immigration Act suspension will use its authority to help as many ticipated in the Nicaraguan Review standards. I am pleased that the Mack of them as possible. But Congress must Program. proposal limits the scope in this area. do its part too, by enacting this correc- If such asylum applications were de- A provision of the Mack amendment tive legislation. nied, the Central Americans were to be that I continue to be concerned about Some are opposing this legislation as afforded the opportunity to apply for concerns a numerical cap included in an amnesty for illegal aliens. That what is known as suspension of depor- last year’s Immigration Act. The Im- charge is false. It is an insult to these tation. That means that, even if they migration Act of 1996 imposed a cap of hard-working refugees, and their fami- were denied asylum, but could prove 4,000 on the number of suspension of de- lies who have suffered so much pain that they were persons of good moral portation cases that can be adjudicated and hardship and who relied in good character, had been living in the Unit- in a given year. The Mack proposal re- faith on the solemn promise they were ed States for 7 years, and could prove moves the numerical cap of 4,000. given. that deportation would cause extreme Even though the necessary adjust- Virtually all of these families are al- hardship to either the immigrant or a ments have been made to ensure that ready known to the Immigration and U.S. citizen or legal immigrant, the At- only a specific group of individuals will Naturalization Service. They are not torney General could suspend the be allowed to have their suspension of illegal aliens working underground. alien’s deportation. deportation cases heard under the old These families have applied to come to However, in the ensuing years, the rules, the fact is, according to the Im- the United States under INS programs, U.S. asylum system has become so migration and Naturalization Service, and they are here on a variety of tem- backed-up that upward of 240,000 approximately 150,000 Central Ameri- porary immigration categories. They Central Americans’ asylum cases have cans will actually be adjusting their have acted in accord with what our not been resolved. As a result, the status to permanent legal resident. Government told them to do. process for applying for suspension of These additional permanent resident Not all of these families will qualify deportation has been delayed as well. numbers should be offset in other areas to remain here under the terms of this Many of us argue that these Central of legal immigration. During the nego- amendment. They still must meet cer- Americans should be allowed to go tiation on this amendment, many of us tain standards that existed in the law, through the suspension of deportation suggested that we increase the number before last year’s immigration law was process that existed prior to the pas- of individuals who will be adjudicated enacted and applied retroactively. The sage of the Immigraton Act of 1996 be- per year from 4,000 to 14,000, but in- Immigration Service estimates that cause most have lived here since the clude these numbers in our annual less than half of those who qualify to 1980’s and were led to believe that their count of legal immigration and ensure, apply to remain in this country will be claims to asylum, or that their pleas to as a result of the addition, that legal approved. adjust to legal status, would be proc- immigration does not increase. The These families are law-abiding, tax- essed under pre-1996 rules. Mack proposal should be modified to paying members of communities in all The Mack amendment will afford reinstate the cap, but at 14,000 annu- parts of America. In many many cases, these Central Americans who fled here ally, with an offset in legal immigra- they have children who were born in amid civil war and chaos in the 1970’s tion that ensures that legal immigra- this country and who are U.S. citizens and 1980’s a fair chance to show that tion does not increase. by birth. They deserve to be treated their deportation would cause extreme Another concern I have about the fairly, and I urge the Senate to support hardship. Mack proposal is its silence about the amendment. The Mack amendment has been im- whether thousands of individuals who Mr. KYL. Mr. President, I will not proved substantially in one critical entered the country illegally, with no raise a point of order against Senator area. Initially, the proposal allowed connection to any of these formerly MACK’s amendment. Though I continue any individual, not just Central Ameri- war-torn countries, should be exempted to have numerous concerns about the cans, in deportation proceedings as of from one of the new tougher standards proposed measure, it has been im- April 1, 1997, to apply for suspension of against illegal immigration in the Im- proved since the original Clinton ad- deportation under the old rules—7 migration Act of 1996. Specifically, the ministration proposal was offered. years in U.S., good moral character, Mack amendment is silent on the issue I am supportive of allowing those extreme hardship—instead of the new of the N–J–B case. The N–J–B case de- Central Americans who came to this tougher rules under the Immigration termined that section 309(C)5 of the Im- country during the 1980’s in order to Act of 1996. The revised Mack amend- migration Act of 1996 means that ‘‘pe- flee persecution, and other forms of ment will allow those Central Ameri- riod of continuous residence’’ stopped danger, to have the opportunity to cans, who came here to flee civil strife when an alien was served with an order apply for relief from deportation under and war in the 1980’s, to apply for sus- to show cause before enactment of the the suspension of deportation applica- pension of deportation under the old Immigration Act of 1996, and that such tion rules that existed prior to the pas- rules. Individuals who have simply time stops when an alien is, or was, sage of last year’s immigration reform come here illegally will be required to served a notice to appear after enact- bill. apply for suspension of deportation ment of the Immigration Act of 1996. In During the 1980’s thousands of our under the new Immigration Act of 1996 other words, the Bureau of Immigra- neighbors from El Salvador, Guate- rules. The new rules require such ille- tion Appeals has interpreted the provi- mala, and Nicaragua came to this gal immigrants to prove, like the old sion to mean that those aliens applying country to escape civil war. These indi- law, that they are of good moral char- for suspension of deportation cannot S10204 CONGRESSIONAL RECORD — SENATE September 30, 1997 count as time spent here in the United review or modify sourcing areas pre- Mr. STEVENS. Mr. President, I move States that time spent here after hav- viously approved under the Forest Re- to reconsider the vote. ing received an order. If congressional sources Conservation and Shortage Re- I move to lay that motion on the intent is not clarifed in this area, it lief Act [FRCSRA] of 1990. The fiscal table. has been made clear that the Clinton year 1997 language goes on to further The motion to lay on the table was administration will seek to adminis- prohibit the use of funds to enforce or agreed to. tratively overturn the N–J–B decision. implement Forest Service regulations Mr. STEVENS. I suggest the absence Legislation introduced by Represent- for this act that were issued on Sep- of a quorum, Mr. President. ative LAMAR SMITH would clarify con- tember 8, 1995. As the chairman is also The PRESIDING OFFICER. The gressional intent. It provides that the aware, I have included language in the clerk will call the roll. period of time that an individual is fiscal year 1998 Interior appropriations The legislative clerk proceeded to considered to have been in the United bill that clarifies FRCSRA. Am I cor- call the roll. States stops when an order to show rect in my interpretation of the con- Mr. DASCHLE. Mr. President, I ask cause was issued, except for those Gua- tinuing resolution, that the provisions unanimous consent that the order for temalans, Salvadorans, and Nica- related to FRCSRA in fiscal year 1997 the quorum call be rescinded. raguans who fled here during the 1970’s are extended for the duration of this The PRESIDING OFFICER. Without and 1980’s to escape civil strife and per- CR? objection, it is so ordered. secution. Under the Smith proposal, Mr. STEVENS. The Senator is cor- f these Central Americans would be al- rect in his assessment of the continu- CAMPAIGN FINANCE REFORM lowed to continue to count the time ing resolution. If funding and authority spent here in the United States after were restricted in fiscal year 1997, then Mr. DASCHLE. Mr. President, I having received an order to show cause. that same funding and authority re- would like to use just a few minutes of Mr. President, many people are le- mains restricted under this resolution. my leader time, if I can. I know we are gitimately concerned about the effects In this particular case, the language to on the D.C. appropriations bill, and of the removal of these Central Ameri- which the Senator from Washington re- there is a Mack amendment pending. cans from the United States. It is my fers in fiscal year would be extended But until we get back to it, I would hope that, as we work toward a D.C. for the duration of the CR. like to just take a couple of minutes. appropriations conference report, a The PRESIDING OFFICER. The I do not know whether we will have modified version of this amendment question is on the third reading of the the opportunity again today to talk can be achieved to the satisfaction of joint resolution. about campaign finance reform. I cer- all interested parties. The joint resolution (H. J. Res. 94) tainly hope so. But on the possibility Mr. MACK. Mr. President, I suggest was ordered to a third reading, and was that we will not have that opportunity, the absence of a quorum. read for a third time. I wanted to reiterate an offer that I The PRESIDING OFFICER. The The PRESIDING OFFICER. The joint have made publicly and I would like to clerk will call the roll. resolution having been read for a third do it for the RECORD, if I can. The bill clerk proceeded to call the time, the question is, Shall the joint Obviously, we are in a situation now roll. resolution pass? On this question, the where the tree has been filled, and Mr. MACK. Mr. President, I ask yeas and nays have been ordered, and there are no opportunities to offer unanimous consent that the order for the clerk will call the roll. amendments. I am disappointed we are the quorum call be rescinded. The legislative clerk called the roll. in that set of circumstances because, The PRESIDING OFFICER. Without Mr. FORD. I announce that the Sen- clearly, with campaign finance reform, objection, it is so ordered. ator from Vermont [Mr. LEAHY] is ab- as important as it is, with Senators sent due to a death in the family. waiting to have the opportunity to f The result was announced—yeas 99, offer amendments, we are being denied RECESS nays 0, as follows: that right. I hope that at some point we could clear the tree and allow Sen- Mr. MACK. Mr. President, I now ask [Rollcall Vote No. 261 Leg.] YEAS—99 ators the opportunity to offer amend- that the Senate stand in recess. ments. That is what a good debate is There being no objection, the Senate, Abraham Faircloth Lott Akaka Feingold Lugar all about. It is not how long you spend at 12:25 p.m., recessed until 2:15 p.m.; Allard Feinstein Mack on any given issue as much as it is, whereupon, the Senate reassembled Ashcroft Ford McCain during whatever time you spend on the Baucus Frist McConnell when called to order by the Presiding issue, whether or not you have had a Officer (Mr. COATS). Bennett Glenn Mikulski Biden Gorton Moseley-Braun good chance for debate. f Bingaman Graham Moynihan I must say I think the debate has Bond Gramm Murkowski been very good with regard to Senators CONTINUING APPROPRIATIONS Boxer Grams Murray coming to the floor to express them- FOR FISCAL YEAR 1998 Breaux Grassley Nickles Brownback Gregg Reed selves on an array of positions, and I The PRESIDING OFFICER. The Bryan Hagel Reid respect Senators on both sides of the clerk will report House Joint Resolu- Bumpers Harkin Robb Burns Hatch Roberts aisle who made the effort to come to tion 94. Byrd Helms Rockefeller the floor and express themselves as The legislative clerk read as follows: Campbell Hollings Roth clearly as they can. A joint resolution (H. J. Res. 94) making Chafee Hutchinson Santorum My hope is that we can get back to Cleland Hutchison Sarbanes continuing appropriations for the fiscal year Coats Inhofe Sessions this issue and have the opportunity, 1998, and for other purposes. Cochran Inouye Shelby therefore, to offer amendments. The LOG EXPORTS Collins Jeffords Smith (NH) offer I made—and I will personally Conrad Johnson Smith (OR) Mr. GORTON. I rise for a brief col- Coverdell Kempthorne Snowe make this same offer to the majority loquy with, the manager of the bill. Craig Kennedy Specter leader—is that we take the Lott Mr. President, section 104 of the con- D’Amato Kerrey Stevens amendment and separate it. Democrats tinuing resolution states that no funds Daschle Kerry Thomas would be prepared, just as soon as we DeWine Kohl Thompson available or authority granted shall be Dodd Kyl Thurmond finish campaign finance reform, to used to initiate or resume any project Domenici Landrieu Torricelli allow this bill to be debated without or activity for which appropriations, Dorgan Lautenberg Warner filibuster, to allow the bill to be voted Durbin Levin Wellstone funds, or other authority were not Enzi Lieberman Wyden upon up or down. Obviously, we have available during fiscal year 1997. As the amendments because in our view, chairman knows, the fiscal year 1997 NOT VOTING—1 whatever treatment we accord labor, interior—or is it Omnibus—appropria- Leahy we ought to accord corporations and tions bill included language which pro- The joint resolution (H.J. Res. 94) other organizations that may have hibited the use of appropriated funds to was passed. membership requirements. We do that, September 30, 1997 CONGRESSIONAL RECORD — SENATE S10205 and we can have a good debate about and convincing conclusion has been the IRS and do not believe the IRS is that. reached. The law which creates and trying to help make paying taxes easi- To add an extraneous amendment governs the actions of the IRS needs to er. Indeed, in today’s USA Today, a onto this bill, and therefore not only be changed. poll shows that 70 percent of Ameri- preclude Senators from offering the Mr. President, if lawmakers in the cans think that the IRS abuses their amendments that they had hoped they Senate and the House consider that power. could but to preclude us from even get- hundreds of new collection notices will We found that training is not a prior- ting a vote on campaign finance reform be sent to taxpayers every working day ity, and employees do not have the makes it a poison pill and nothing and that 800,000 monthly contacts in its skills of their private sector counter- more. If we are interested in debating notices of audit or taxes owed will be parts. the issue about whether or not organi- made, then there is an urgency for us We found that the IRS uses employee zations ought to refund part of their to act quickly. evaluation measures that do not en- membership fees, that is one question. If we can prevent any of the suffering courage employees to provide quality We should have a good debate about it. disclosed in these hearings with a service to taxpayers. We should have an opportunity to dis- change in the law, why would we hesi- We found IRS management and gov- cuss it. And we are prepared to allow a tate to act? ernance structure makes strategic final vote on that issue if we can get Of equal importance is the need to in- planning impossible and has caused a agreement on this proposal. crease confidence in this unique Fed- massive failure of the IRS’s $3.4 billion If, on the other hand, we are simply eral agency. More Americans pay taxes computer modernization program. Mr. using this as a guise, as a way in which than vote. Remember, America’s tax President, this conclusion has been to prevent Senators, perhaps the vast system depends upon our voluntary supported by a GAO report that was is- majority of Senators, from having a declaration of taxes owed and a patri- sued in 1996. We found the IRS computer systems vote on campaign finance reform, from otic willingness to pay our fair share. were developed during the 1960’s and offering amendments, then it is noth- If citizens believe there is a chance 1970’s and lacked the capability to pro- ing more than that. that voluntary compliance will result in their privacy being violated, their vide taxpayers with quality service. So I hope we can work through this. We found wasteful inefficiencies and return unfairly audited, or their lives I hope we can find a way to resolve this high error rates existing in the process- made miserable, all of which we now impasse. But certainly that would be ing of paper forms. one way to do it. know is a possibility, then the percent- We found that the Treasury Depart- Let us take the Lott amendment. Let age of citizen participation could fall ment has done little to correct IRS us set it aside. Let us have a good de- even further. It is safe to say that the management problems, and lacks the bate. Let us schedule a time when faith of the American people in our expertise and continuity to do so effec- amendments could be offered. Senators ability to govern is linked to the abil- tively. In fact, Treasury officials were will not filibuster the motion to pro- ity of the IRS to function properly. noticeably absent at last week’s Fi- ceed, nor the bill itself. I am hopeful The House leadership has declared its nance Committee hearings. we can work through that and at some intent to pass a new law and to pass a We found as well the congressional point, as I have indicated, I will discuss law this year—a law which was created oversight of the IRS is scattered and this matter at greater length with the in a bipartisan and bicameral atmos- can send confusing signals to the IRS majority leader. phere—which would solve many of the that can be manipulated by the IRS to With that, I yield the floor. problems highlighted by the Senate Fi- avoid accountability. Indeed, witness Mr. KERREY addressed the Chair. nance Committee hearings last week. after witness came before our commit- The PRESIDING OFFICER. The Sen- The House intends to enact comprehen- tee, knowledgeable witnesses who as- ator from Nebraska. sive reform, similar to that rec- sist taxpayers in preparing their re- Mr. KERREY. I ask unanimous con- ommended by the congressionally man- turns, and laid equal blame upon the sent to be able to speak as if in morn- dated National Commission on Re- executive and the legislative branches. ing business. structuring the IRS. And the Senate, We found as well that complexity and The PRESIDING OFFICER. Is there in my judgment, Mr. President, should constant changing of the Tax Code is a objection? Without objection, it is so do the same. major obstacle that intensifies all of ordered. As cochair of the commission, along these problems. f with Congressman ROB PORTMAN of The administration continues to Ohio, I would like to share with my criticize the legislation introduced by REFORMING THE IRS colleagues the problems that were un- Senator GRASSLEY and I on this floor Mr. KERREY. Mr. President, I come covered by our deliberation. To be on the 23d of July, and Congressman to the floor today to speak about bipar- clear, at no time during these delibera- PORTMAN and Congressman CARDIN in tisan efforts to reform the Internal tions did Congressman PORTMAN and I the House in the same week. They con- Revenue Service because these efforts resort to bashing the IRS. Indeed, a tinue to criticize our legislation un- are being publicly challenged and criti- former Commissioner of the IRS, fairly and, most important, inac- cized, I regret to say, inaccurately by Peggy Richardson, was an ex officio curately. In order to perhaps clear up the administration. It is perplexing to member of our commission. We gained some of the differences between what me personally why this administration unprecedented access and a window we are proposing and what the admin- would send a message to the American into the operations of the IRS. We vis- istration would like to see happen, I taxpayer that despite what they have ited service centers, we worked and would like to review the complaints been hearing the Internal Revenue talked with employees. It is significant made against the IRS in last week’s Service does not need comprehensive to note that our legislation has the en- hearings and show how the law as pro- reform. dorsement of the National Treasury posed by Senator GRASSLEY and I, the During 3 days of hearings of the Sen- Employees Union. IRS Restructuring Reform Act of 1997, ate Finance Committee last week, tax- We found that the IRS has a law en- would change things. payers and employees of the Internal forcement mentality, but that the vast Criticism No. 1. Citizens have no Revenue Service testified under oath majority of its employees perform power in a dispute with the IRS. Our that the legal power to collect taxes functions including tracking finances, law would create in law new protec- has been and continues to be abused. sending out notices, and assisting tax- tions for the taxpayer and new rights if Combined with 12 days of public hear- payers. a taxpayer dispute arises. At a mini- ings held by the congressionally man- We find as well the IRS has a general mum, the law should, one, expand au- dated Commission on Restructuring attitude that taxpayers are guilty, thority of the taxpayer advocate to the IRS, which conducted thousands of even though close to 90 percent of tax- issue taxpayer assistance orders; two, hours of interviews with IRS investiga- payers are compliant. to expand the authority of the tax- tors, professional preparers, private We found that taxpayers have a low payer to recover costs and fees by per- sector experts, and taxpayers, a clear opinion of service levels provided by mitting awards relating back to the 30- S10206 CONGRESSIONAL RECORD — SENATE September 30, 1997 day notice letter, allowing awards for Portman-Kerrey bill but we don’t like no access to taxpayer return informa- pro bono services, increasing net worth the board. We like everything in it. If tion and it would not participate in law limitations, and allowing recovery for they like everything in it, the question enforcement. This is what has drawn IRS negligence up to $100,000; third, re- is why don’t they have taxpayer pro- the most heat from the administration, quire the IRS to provide more informa- tections or rights provisions? I believe and leads me to suspect that their prin- tion to taxpayers, such as making pub- the reason is they introduced their bill, cipal concern is relinquishing any au- lic their general audit selection cri- had their bill introduced, just so they thority to a board that would have any teria and explaining certain rights to could say we want to change the IRS as authority over the decisions that are taxpayers before audits such as joint well. being made. and several liability and extensions of A second criticism we heard was that They have misrepresented and said statutes of limitations. the IRS is isolated from the taxpayer. that the board is going to be composed The question of fairness of audits can Anybody who does not think the IRS is of chief executive officers—not men- be solved by requiring the IRS to pro- isolated has not examined the struc- tioned in the law. They have suggested vide general audit selection criteria. ture. It is buried in Treasury. The Sec- of these board members, as recently as Remarkably, the only information we retary of Treasury is in charge of over- yesterday, there were going to be sig- currently have about how the IRS au- sight, not just of the IRS, the 115,000- nificant conflicts of interest. If that be dits comes from a researcher who used person organization, but the Secretary the case, how could the Secretary of the Freedom of Information Act to of the Treasury obviously has lots of Treasury sit on the board? How could force the IRS to surrender some data. other things on his mind—whoever the anybody from the private sector sit on There simply is no good reason for us Secretary is. It does not have to be any advisory board that we have in all not to write a law requiring an annual Secretary Rubin—any Secretary faced of Government? We understand con- disclosure. this. They also have to manage Secret flicts of interest and we deal with Fourth, force the IRS to resolve its Service, Customs, the Bureau of Alco- them. It is not accurate to say that we dispute with the National Archives in hol, Tobacco and Firearms. Keeping cannot protect ourselves, especially which allegations have been made that the operational side inside Treasury when this statute says that this board historical records have been mis- buried as it is, makes it difficult to will have no access to taxpayer return handled or destroyed. achieve accountability. information and it will not participate Fifth, help taxpayers pay their fair This, in my judgment, may be the in law enforcement. share of taxes by establishing national most common thread that ran through Equally important, and oftentimes and local allowances for offers-in-com- the decisions, the criticisms that we lost in the debate over this board, is promise; eliminating the interest dif- heard, not only last week but for the that our law would create a require- ferential; dropping tolling penalties entire last year. ment for two annual joint hearings of during installment agreements; and Tax Code complexity, outdated tech- tax writing, appropriating, and over- providing safe harbors to qualify for in- nology, a primitive management struc- sight committees. It would also expand stallment agreements. ture contributed to the problem, but the duties and reporting requirements Sixth, open low-income taxpayer these factors alone did not explain a of the joint committee on taxation. clinics with matching grants up to bureaucratic culture that produced al- The Finance Committee hearings last $100,000 a year for up to 3 years to help legations of taxpayers being hounded week were the first oversight hearings low-income taxpayers and especially based on their vulnerability; confiden- in 21 years. It is the inconsistent over- small business. tial returns being snooped; or records sight that we are trying to deal with, No. 7, expand the jurisdiction of the being altered to reflect the IRS’s point with this provision. But, in addition, tax court to allow more taxpayers to of view. Those flaws are the symptom we heard from individual after individ- take advantage of the simplified small of an agency isolated from the cus- ual, the restructuring commission did, case procedures. tomers it is supposed to be serving. The that one of the most important things And, eighth, require a study of the IRS is languishing under a suffocating you have to do before you make a tech- administration of penalties, especially bureaucracy from which it is getting nology decision or other allocation de- penalties that will fall heavier on mar- inadequate oversight and far too little cision, you have to get a shared agree- ried filers and the burden of proof need- input from the taxpayer. ment on what the mission is going to ed before penalties are determined Our new law would do a number of be. Having a new oversight board for valid. things. First, it would create a Presi- the IRS, working with a new oversight These are eight suggested changes in dentially appointed citizens oversight committee on the congressional side, the law that would give taxpayers board that would oversee the operation would give us the possibility of achiev- more power, more authority. They are of the IRS. The members of this board, ing this common and shared mission. not made as a consequence of receiving for example, could have expertise in In our deliberations, we found that a number of complaints. They are made the operation of large service organiza- congressional oversight of the IRS had as a consequence of thoughtful delib- tions or in other areas. What we tried no coordination. This provision will eration between Republicans and to do was give the President maximum allow the IRS Citizens Oversight Board Democrats, trying to figure out what flexibility, so he could make selection and Congress to reach agreement on the payers themselves say need to be of individuals who had expertise—the regulations, goals, and objectives. It done. We examined it in a bipartisan Secretary of Treasury is on the board, will enable the authorization of new and bicameral fashion with the full co- the head of the National Treasury Em- initiatives after IRS satisfies rigorous operation and participation of former ployees Union is on the board—because contingencies to assure financial ac- Commissioner Richardson who says we believe that there are going to be countability, subject, of course, as al- today that she would support these significant personnel decisions that ways to the approval of the appropriat- provisions. These changes in the law, have to be made. We believe it is im- ing committees. all by themselves, would solve many of portant to have a representative on the For example, decisions about the de- the problems that we heard before the board, making those decisions and get- sign and purchase of computer systems Senate Finance Committee last week. ting support as a consequence. will be made after the legislative and And all by themselves, would go a long The board would be responsible for executive branches have agreed on a ways toward increasing citizen con- oversight, approval of strategic plans plan. The strategy is to collect taxes fidence that they are going to be able and review of operational plans. The owed from those Americans unwilling to get a fair deal from the IRS. President would appoint board mem- to pay their fair share, must also be The administration’s bill, which they bers for 5-year terms and would have jointly approved in order to survive introduced—had Members introduce for the authority to remove any of these congressional funding cycles. them—has no taxpayer protections or members at will. Finally, we must provide funding for rights provisions. I want to underline The board would approve an advisory the century date change. As all of us that. One of the things the administra- budget of IRS, prepared in conjunction have looked at that particular problem tion has been saying is we like the with the commissioner. It would have know, if you think the IRS computer September 30, 1997 CONGRESSIONAL RECORD — SENATE S10207 system is a mess now, it could get a This law would give this Commis- missioner, for the first time, an advi- heck of a lot worse if the date change sioner increased legal authority to sory role when new tax laws are being problem is not fixed and not fixed at manage the IRS. Consistent with merit considered; requiring, as well, a tax 100 percent. system principles, veterans preferences complexity analysis during legislative The administration proposal would and established labor/management deliberations; increasing Federal-State codify the status quo. Treasury pro- rules, the Commission would be given a cooperation; and requiring the Joint poses the creation of an IRS manage- new rating system to hire qualified ap- Committee on Taxation to study fea- ment board made up of 20 Government plicants and flexibility to hire a senior sibility of estimating taxpayers’ com- officials, mainly political appointees team of managers. pliance burdens. from departments including OMB, Remarkably, the IRS Commissioner We just made the Social Security Ad- OPM, and the Vice President’s office. I has very little flexibility in managing ministration independent. The Presi- urge colleagues who are concerned this agency, and one of the difficulties dent’s nominee was confirmed by the about this board that Senator GRASS- that he or she is going to have, regard- Senate. When the President’s nominee LEY, Congressman PORTMAN and Con- less of who they have, in managing came before the Senate Finance Com- gressman CARDIN and I are proposing, with zero tolerance is the sort of things mittee, we were able to ask the ques- who are critical of that, compare it to we saw last week: the absence of the tion: If you reach a conclusion that the what the administration is proposing. power and authority to be able to man- President doesn’t like or that we don’t To repeat, the administration wants a age as I think most of us in Congress like up here, are you going to be able 20-person board composed entirely of and most of the American taxpaying to express that conclusion publicly? Government officials, political ap- citizens would like to see done. And the answer is yes. That is what pointees, including people from OMB, The administration’s proposal would comes with independence. OPM, and the Vice President’s office. create a 5-year term for the Commis- We need an IRS Commissioner that is They also propose an advisory board sioner. That is true; that is the same as able to, while we are debating taxes, of citizens. For decades there has been ours. But it stops there. It would not say, ‘‘Great idea, Mr. President, I saw a commissioner’s advisory group to the have board members with 5-year terms everybody gave you a standing ova- IRS, and we were told that it was inef- to provide the needed continuity and tion.’’ ‘‘Great speech, Senator fectual and the bureaucracy ignored support to the Commissioner. All the Blowhard, I see you got a standing ova- their advice. political appointees could come and go tion as well, but guess what it is going to cost the taxpayer to comply with The reason they ignored their advice, in the same year. Mr. President, is an advisory board has One of the biggest problems we have your idea? They may give you a stand- no authority, no power, and no one, to with the IRS is lack of continuity, par- ing ovation, but if it becomes law, this my knowledge, pays a lot of attention ticularly continuity of management is what it is going to create as far as to advisory boards that lack either au- oversight. One of the defects of a board the taxpayer is concerned.’’ Under the current law, the IRS Com- thority or power. being all political appointees inside the missioner will never come before the Fourteen expert witnesses testified Government is that they tend to turn American people and make that kind of before the Ways and Means Committee over more. It is this turnover that statement. Under our law, they would on September 16. All but two or three makes it difficult for us to get the kind be required to do so. The complexity of testified in favor of the bill that Con- of continuity this agency demands. the Code may require comprehensive gressmen PORTMAN and CARDIN intro- The fourth criticism we have heard is reform of our tax law, but in the mean- duced, and all testified against the ad- it is difficult to file a tax return and time, why not give the Commissioner ministration’s proposal. there is a breathtaking gap between authority to advise Congress of the po- I would like to read the names of the service taxpayers get from the IRS tential problems of our ideas, and why some of the experts who testified: Eu- and the service they get in the private not require a tax complexity analysis? gene Steuerle, senior fellow of the sector. At least we could then evaluate these Urban Institute, against; Donald F. Our new law would create goals and potential new costs before proceeding. Kettl, director, Brookings Institution, due dates for electronic filing. At the The administration’s proposal would against; Robert B. Stobaugh, Harvard heart of comprehensive reform must be not do anything to encourage sim- Business School, against; Phillip Mann, a vision of an IRS that operates in the plification of the tax law, although it section of taxation, American Bar As- new paradigm of electronic commerce. would allow the IRS to enter into coop- sociation, against. And on and on, Mr. One of the most telling comparisons erative agreements with State tax ad- President. made by taxpayers who appeared before ministrators. The administration’s proposal has us was the comparison given between Mr. President, let me add a closing been opposed by all the people that an ATM card that is provided by their note about the administration’s han- they cite, or some of the people they commercial banks and the lack of simi- dling of this bill. Honest people can cite at least as reasons not to support lar conveniences from the IRS. Poten- have honest disagreements. For that the newly constructed oversight board tial savings to the taxpayers are large: reason, I tried to be restrained in my that Senator GRASSLEY and I have pro- The error rate for electronic filers was criticism of the administration’s pro- posed. Again, I have regrettably less than 1 percent, compared with 20 posal. But the ongoing public relations reached the conclusion that this really percent for a paper file. While we will battle they are waging requires me to is not about what is going to work as it never have a paperless IRS, Congress respond. is about making certain that no power must change the law to provide incen- First, my broad critique is that the and authority is relinquished by the tives and assistance to a new IRS administration’s proposal is both timid Secretary of the Treasury over the which gives its customers services and hollow. We started our proposal 115,000 people who work for the IRS. comparable to the private sector. with the belief that the law needed to The third criticism that we heard not The administration proposal would be changed. Laws, Mr. President, have only last week, but all year long, was allow the IRS to spend more money on teeth. They must be enforced. They that the IRS management structure marketing electronic filing, but would make a difference. The administra- does not allow for the removal of bad not include any specific goals or re- tion’s proposal is more a set of sugges- apples. Our law, Mr. President, would quirements for the IRS to take imme- tions than a set of laws—false sub- create a 5-year term for the IRS Com- diate action to increase electronic fil- stitutes. They become dentures rather missioner. In current form, our legisla- ing. than teeth. tion says that the board appoints the The fifth criticism we heard is that Second, the administration has lev- Commissioner. I would be willing to Congress has created a monster of a eled its strongest complaints against consider having the President appoint Tax Code that is too complex to admin- our proposal for an oversight board the Commissioner with formal input ister. Under our new law, Mr. Presi- comprised of taxpayers. We made this from the board and continuing to allow dent, we would create a process for proposal because we thought the IRS the board to evaluate and recommend evaluating the cost to the taxpayer of was culturally isolated from the tax- removal for cause. tax law complexity by giving the Com- payer, because we believe the IRS S10208 CONGRESSIONAL RECORD — SENATE September 30, 1997 lacked the independence from the bu- ple truth is, they haven’t. Perhaps the tant bill. We think there are a lot of reaucracy it needs to fix the problems, best summary of the administration’s good things, and we want to move and because we believe the agency proposal is this: If you like the service them forward. We are hoping people needs input from outside its own head- you get from the IRS now, you’ll love will come down at this time. quarters. the administration’s IRS protection I ask unanimous consent to speak as I assume the administration agrees bill. in morning business for up to 12 min- with this observation, because it, too, Having responded in kind, Mr. Presi- utes. has proposed an oversight board. The dent, I still hope the administration The PRESIDING OFFICER. Without problem with the administration’s will start participating in this debate objection, it is so ordered. board is that its members would come constructively. I still believe we can Mrs. BOXER. Thank you very much, from the same bureaucracies that cre- work out our differences, which are not Mr. President. If I do see colleagues ated the problem we heard about last great, as long as they begin to tell the who are here to offer amendments to week. Taxpayers would have no input truth about Senator GRASSLEY’s and this bill, I hope they will let me know, except through an advisory panel, and my plan. and I will make my remarks brief. the board they propose would have lit- Regardless, Congress needs to pro- f tle real power. In fact, all 14 expert ceed as quickly as possible to enact CAMPAIGN FINANCE REFORM IS A witnesses, as I said earlier, testifying changes in the law which will result in PRESSING MATTER before the Ways and Means Committee the best practices being applied to the Mrs. BOXER. Mr. President, I was said they do not support the adminis- operations of the IRS. Americans want listening to the news this morning, and tration’s IRS governance proposals. an IRS that can quickly answer the the reporter said, ‘‘The Senate has The administration contends our question, How much do I owe; an IRS agreed to set aside campaign finance oversight board would consist of self- that is customer oriented to those pay- reform and go to more pressing mat- interested CEO’s. This is quite simply, ers willing to voluntarily comply as is ters.’’ and quite directly, false, and the ad- a commercial bank to its customers; an I thought to myself, campaign fi- ministration knows it. They have read IRS that knows it had better be right nance reform is a pressing matter. It our bill. They know what is in it. And when it comes after a taxpayer for col- seems to me there can be no more they continue to describe it inac- lection, otherwise it will pay for pressing matter. We ought to deal with curately in order to get people to pre- wrongly accusing a taxpayer of being this issue of campaign finance reform sume they should oppose it. delinquent. and let the chips fall. Our proposal is for a nine-member In the interest of those Americans We have a lot of parliamentary board, two of whom will be the Sec- who voluntarily comply but who strug- games being played. One of my col- retary of the Treasury and a represent- gle with a complicated code, a confus- leagues, Senator DORGAN, said earlier ative of Treasury employees. The other ing service policy, incompatible infor- that if the American public was listen- seven could be anyone who the Presi- mation systems, and the fear that they ing this morning and heard somebody dent appoints and the Senate con- could be the next in line for harass- say, ‘‘There is a poison pill on a tree firms—anyone. A small business owner ment, the time has come for Congress that has been filled,’’ the public would in Lincoln, NE, can be on this board, as to act. not really understand what we were a taxpayer advocate from anywhere in Mr. President, it is time the IRS talking about. When we talk about a America. ‘‘CEO’’ does not appear in our starts working for the American tax- poison pill, we are talking about an ob- bill. I do not know where the adminis- payer. To further delay is to ask mil- jectionable amendment that is extra- tration has concocted this ruse, unless lions to suffer unnecessarily. I yield neous to what we are trying to do being they fear that CEO’s are who this ad- the floor. offered in an attempt to kill the under- ministration will appoint. The PRESIDING OFFICER (Mr. ROB- lying bill. Filling the tree means using The administration also claims a ERTS). Who seeks time? a parliamentary tactic to prevent op- board run by taxpayers is a recipe for Mr. FAIRCLOTH addressed the ponents of an amendment from offering conflicts of interest. At root, this is an Chair. any changes to that amendment. So I argument that the vast majority of The PRESIDING OFFICER. The Sen- apologize to the American public if taxpayers who do not work for the Gov- ator from North Carolina is recognized. they tuned in and heard somebody ernment lack the necessary moral rec- f talking about a tree being filled with titude to participate in reforming the poison pills because it does get confus- DISTRICT OF COLUMBIA Government that belongs to them, and ing. APPROPRIATIONS ACT, 1998 I strongly disagree. Americans who But the matter is not that confusing. work and pay taxes in the private sec- The Senate continued with the con- The matter is, how do we finance our tor contribute to Government all the sideration of the bill. campaigns, and can we improve that time. In fact, one of them is the Sec- Mr. FAIRCLOTH. Thank you, Mr. system? I think all of America is cry- retary of the Treasury today. He ran President. ing out, ‘‘Yes, we can improve it.’’ Only one of Wall Street’s most elite firms. I The managers are here to accept a few say, ‘‘Don’t touch it, it is great, presume that whatever mechanism has amendments to the District of Colum- and money is speech.’’ been sufficient to protect him against bia appropriations bill, and I remind all Now, it is true that a divided Su- conflicts of interest would also be suffi- Senators that we intend to complete preme Court did equate spending as cient to guard against conflicts of in- action on the bill today. I encourage much money as you have with the terest by members of this board. any Member to come to the floor im- right of free speech. But that was a Finally, it seems to me the adminis- mediately if you have any amendments close call. It seems to me our Founders tration is intent, perhaps determined, or to advise the staff if you intend to would be turning in their graves if they on preserving the basic structure of the offer an amendment. believed at the time they stood up for status quo. They wish to strand the Mrs. BOXER. Will the Senator yield? free speech that it really meant ‘‘only IRS in the labyrinth that is the Treas- Mr. FAIRCLOTH. I will yield to the if you are rich,’’ because, folks, that is ury Department’s bureaucracy and is ranking member on this bill. what it is about. the same bureaucracy that has failed The PRESIDING OFFICER. The Sen- I am proud of my colleagues, RUSS to run the IRS in a manner that gives ator from California is recognized. FEINGOLD and JOHN MCCAIN, for press- citizens confidence. Mrs. BOXER. Thank you very much, ing this matter across party lines, and The problems at the IRS are not this Mr. President. I just want to reiterate standing up for campaign finance re- administration’s fault alone, but I can- to our side that if there are amend- form. I am proud of both of them be- not help but observe that if the Treas- ments, we are here, and we are very cause it is not easy. The status quo ury Department had done a great job hopeful to move this bill through. The around here is what people like the running the IRS the last 5 years, I chairman and I work well together. We best. might be more convinced that they are just waiting for colleagues from I have to tell you, when I think about ought to keep running it. But the sim- both sides. We think this is an impor- speech, I think about both sides of it. If September 30, 1997 CONGRESSIONAL RECORD — SENATE S10209 you have an independently wealthy bil- If you want to talk about an issue of a union label working people gag lionaire running against you in a State day and night, talk about the issue, act. In any case, it is a killer amend- like California, and he writes checks whether it is choice, the environment, ment and has no business being on this every day and bashes you on television health care, gun control—talk about it. bill. every day and bashes the other oppo- But once you attack a candidate, that Senator DASCHLE, the minority lead- nents that he is running against every is not an issue ad. This is what the er, has said if the majority leader day, I believe we should ask, what Feingold-McCain will go after. wants to have a debate on this division about the free speech rights of the op- I think we owe a great big thank you provision, we will deal with it sepa- ponents? What about the speech of the to those two colleagues for pushing rately. We will agree to a debate on it. other people that are drowned out be- this and moving this. I have to say that We will have amendments and we will cause of money? If you equate money I am very disappointed at some of the deal with it. and speech, it seems to me you are say- debate, because one of our colleagues But what is going on right now is ing someone who is wealthy has more who is leading the charge against this that this amendment and this effort to speech rights than someone who is not. says, ‘‘We are going to kill this bill and fill up the tree means that there is no This is not the American way. We are we’re going to be proud to kill this way in which other Senators can intro- all created equal. That is the basis of bill.’’ duce amendments. For that matter, I who we are as a nation. I really hope I don’t know why someone would feel don’t see us having much of a debate. I that we can get past this notion that proud to kill a reform bill that the am hopeful we will get back to this de- money is speech and that we will move American people want to see us do. I bate. forward with a comprehensive bill. don’t think it is a proud moment. I I want to be clear with people in the My one disappointment with the sub- don’t think it will be a proud moment country that the fact that you have a stitute pending before the Senate, is if we can’t move this forward. campaign finance reform bill hanging that it is not as comprehensive as the I am both hopeful and fearful at this out there on the Senate calendar, I first version of the McCain-Feingold point. Hopeful because, as long as we guess starting at the end of last week bill. However, I respect the judgement are here in this body and this measure and yesterday, Monday, doesn’t nec- of the Senators that it would be best at is pending and the people are listening, essarily mean we have really a high- this time to zero in on two horrible there will be an outcry for reform; but quality debate. I am not even going to abuses of the system. speak that long because I want to wait One abuse is the soft money abuse, I am fearful because of some of the for colleagues to come out here on the which means unregulated dollars of statements I have heard. other side and have a full-scale debate any amount that flow into political Let me close by saying what it is like parties. We have seen the hearings that to run in a State like California. I am on this piece of legislation. Mr. President, we are very close to are going on by this U.S. Senate and told by the people with the calculators passing a reform bill. In many ways I over in the House. If anything, we that if you figure out how much a can- am pessimistic because I think this come away with this: Let’s put an end didate from California needs to raise in amendment that the majority leader to soft money. We could point fingers 6 years to run for the U.S. Senate, you has introduced is an amendment which all day—this politician, that politician, would have to raise $10,000 every day, 7 may very well destroy our chances for where the calls were made, who made days a week, in order to meet your them—but I guarantee that gets us no- budget. That is not right. That is not passing reform legislation if it passes. where. The issue is the system. There the way I think the American people On the other hand, I think people in will be enough examples around from want us to spend our time. I also don’t the country are pretty smart about both parties. This is not the problem. think the American people want to this. I think they see it for what it is. So if we get exercised about these make this an exclusive club for multi- My hope is that there will be a few hearings—and I have seen colleagues millionaires. more Republicans that will join Sen- here who are very exercised about If we get to that stage where every- ator MCCAIN and Senator COLLINS and them—they should go over to JOHN one here is independently wealthy and Senator THOMPSON and Senator SPEC- MCCAIN and RUSS FEINGOLD and tell they really don’t understand what life TER and we will have the ability to de- them they are on their side. There is all about, I think we will lose a very feat this amendment and then go on to ought to be some controls on the soft special aspect of what a representative the McCain-Feingold bill. money contribution, and those controls democracy is. I am willing to admit people have dif- are now pending before the Senate. The I am hopeful we will rise to the occa- ferent views about how to solve this second area of abuse tackled by the sion. We have done it before in this problem. I am convinced this is the McCain-Feingold bill is the so-called body. We have a chance to do it again. core problem. I don’t think there is a issues advocacy advertisements. This is I see the Senator from Minnesota is on more important issue. I think people in where you take an organization with his feet, and I yield the floor. the country know it. The problem is endless sums of money to put into an The PRESIDING OFFICER. The Sen- that people hate this system and they attack ad against the candidate they ator from Minnesota is recognized. know it, and I think they believe that don’t like. Mr. WELLSTONE. While we are wait- Government too often responds to the Under current law, individuals can ing for amendments, I ask if I could interests of the wealthy and powerful only give $1,000 in the primary and have up to 15 minutes to speak as in and not them. I think they are prob- $1,000 in the general to the candidate, morning business. ably right. Even though I think indi- but issues advocacy has grown into The PRESIDING OFFICER. Without viduals here in the Senate and the huge loophole. These so-called issues objection, it is so ordered. House have a highly developed sense of ads are not regulated at all and men- Mr. WELLSTONE. Mr. President, I public service, people can agree to dis- tion candidates by name. They directly want to pick up on some comments agree, but systematically you have a attack candidates without any ac- made by the Senator from California. huge imbalance of power because this countability. It is brutal. I have seen First of all, I express my disappoint- whole political process has become too them. I have seen them from both ment that we are really not debating dependent on the heavy hitters and the sides. this campaign finance reform bill. investors and the givers and the people I can tell you, it is totally unfair and There are a lot of games that are being who have a whole lot of money. That totally unregulated and vicious. It is played right now. tilts the system in a very dangerous di- vicious. We have an opportunity in the What we have—my colleague from rection toward the very top of the pop- McCain-Feingold bill to stop that and California was saying there is no rea- ulation, and it leaves the vast majority basically say, if you want to talk about son to talk about filling up the tree of people out. an issue, that is fine, but you can’t and poison pill provisions—but what we It also means we have a very, if you mention a candidate. If this is truly have going on here is an amendment will, distorted debate on issues. I don’t issue advocacy, you can’t mention a introduced by the majority leader that think it is any accident that ulti- candidate a few weeks before the elec- has an Orwellian title called the Pay- mately when it came down to how we tion. check Protection Act. It is really kind did deficit reduction, a good part of S10210 CONGRESSIONAL RECORD — SENATE September 30, 1997 many of the areas we made reductions so involved in this whole debate about here. But if you drop that provision— in affected vulnerable people, low- and reform from the word go was because I and I know a lot of colleagues want to moderate-income people who are not just think an obscene amount of money drop that provision—then what you the big givers. I don’t think it is any is spent. The reason I got involved was, will do is stop the soft money to the accident we left most of the tax loop- back in 1989 and part of 1990, it was so parties; it is just like Jello, you push holes and tax deductions alone, because disillusioning to me to have just about in and it will all shift over to these then we would have had to take on the everybody I talked to tell me I didn’t issue advocacy ads. You will have all big givers. I don’t think it is any acci- have a chance to win because I didn’t sorts of groups and organizations, and dent that there are a whole lot of ques- have access to the money. That is all some you might like and some the tions that deal with concentration of people would talk about. Chair might like, some the Senator power. I will take the telecommuni- Actually, the provision of this legis- from North Carolina might like, some I cations industry, since I think we made lation that directly deals with our rais- would not like, but that is beside the a big mistake when we passed that ing money and our spending money in point. You are going to have the same piece of legislation. I think the flow of our campaigns and the connection to unregulated, obscene amount of information in a democracy is the most how we vote—even though I think all money, no accountability, being spent precious thing we have, but in a way of us hope there is no connection, it in these elections, adding to the dis- this whole issue of concentration of certainly looks that way to people— illusionment of the people and used, by power gets taken off the table. has already been taken out. What is in the way, for these attack ads, where I don’t think it is any accident when this piece of legislation that I think is they have been raising millions of dol- we were debating universal health care important—there is one provision I dis- lars figuring out how to rip their oppo- coverage very fine Senators would say agree with. In the aggregate we have nent to shreds or how to prevent them- to me, ‘‘There is no way we can take on now raised the amount of money indi- selves from being ripped up into shreds. the insurance industry given the power viduals can contribute from $25,000 to Hundreds of millions of dollars are of the insurance industry.’’ $30,000 a year. I would not raise individ- spent like this, and it does not add one This is very corrupting in a very sys- ual contributions at all. I think that bit of information for one citizen in the tematic way—not in an individual way, just intensifies the problem of those United States. No wonder people hate but in a very systematic way. I just say people who have the big bucks being this system. We ought to really try to I think if we don’t get the job done or able to contribute more. Most people in build a little bit more accountability if we don’t at least get half the job North Carolina or Kansas or Minnesota into this. done or if we at least don’t get a quar- cannot afford to contribute $100 a year Well, Mr. President, these are impor- ter of the job done, I think people will much less collectively $30,000 a year. tant provisions that we are talking be disillusioned and they will have a But we are now down to, as I said, an about here. I think that this represents right to be. We will have given them extra mild version. It doesn’t have a huge step forward. Mr. President, every justification, every reason for enough zing in it, from my point of what I would worry about—and I will being disillusioned with us. view. But I understand it would rep- sort of finish up this way—is these Now, Senator MCCAIN and Senator resent a step forward if we keep it in- three scenarios, and when we get into FEINGOLD are both close colleagues and tact. Part of that deals with the un- the debate, I can go into all of them in good friends. Senator FEINGOLD is my regulated money, the soft money, that more specifics. One scenario is that we colleague from the State of Wisconsin. goes to parties. I think it is terribly have the majority leader’s amendment. We have all worked together on these important to prohibit that because ob- It really is, as my colleague said, ex- reform issues. I was proud to be one of scene amounts of money have been traneous to this legislation. We can the original cosponsors of the bill with spent. We really saw that in the Presi- have a separate debate on it later on. It Senator THOMPSON. What we had was dential election. It essentially has be- is really essentially a union gag, work- an original—it’s a little like hot sauce; come such a loophole that it has made er gag amendment. It is harsh. It we have the McCain-Feingold original people utterly disgusted with the sys- should not be on this bill. If it passes— formula, and we have the McCain- tem. A lot of what people have read and I think we can have the votes to Feingold extra mild, which is the new about and heard about on TV has to do defeat it—then we reach a huge im- formulation. The extra mild is meant with soft money. passe. I suppose that people can think to get us past the filibuster and any di- There’s a second part which my col- we have a clever strategy here. But version from the majority side, and I league was talking about, independent most people in the country know this hope it does. But I have to say that I expenditures. It’s the issue advocacy is nothing more than an effort to way- don’t even think the extra mild has ads, which are terribly important to lay the whole reform effort. It won’t enough zing in it. I know this is a good- talk about because this is a huge loop- work. We are only a vote or two away faith effort to move us forward. hole. If this gets stripped out of this from defeating it. I think we can have Let me talk in very concrete terms piece of legislation, we will be making Republicans and Democrats join to- about what all this means for people in a huge mistake. I don’t need to tell the gether to do that. the country. I will get back to this in people in Minnesota who followed the The second scenario I worry about as a more extensive way when we have last election because there was about a well, which is an already stripped-down the debate. What has already been million dollars spent on issue ads. They version of McCain-Feingold, you will dropped out, I think, is a shame. I essentially run these ads on television have the 60-day accountability on the think Senators FEINGOLD and MCCAIN and they bash you if you are a Demo- issue ads taken out. You will raise are disappointed, but they are trying crat or a Republican—it depends who is campaign contributions and you will to move forward on some reform. What doing it. They just don’t say vote wind up with a piece of legislation that has been dropped out of this is the against you. There is no spending lim- will have a fine-sounding acronym, agreed-upon spending limits, reducing its at all. So a huge problem, again, is that made-for-Congress look, but as a the amount of money that is spent in with the unregulated money, which can matter of fact, it will just shift the exchange for discount broadcast adver- be the soft money, which means that amount of money, spent in a different tising time and direct mailing ex- people can be contributing huge way. It will be an obscene amount of penses. amounts of money to this, obscene money. It will still undercut democ- In other words, the very part of the amounts, which is used to buy elec- racy. You will still have all of this legislation that actually would have tions. money spent, and when people in the reduced the amount of money spent in What this piece of legislation says is country find out that not much really our races, Senate and House races, has you can’t do those ads. It becomes ex- has changed, they will be furious, dis- been taken out. Actually, the one pro- press advocacy if you do it in a 60-day couraged, disengaged, and none of us vision of this bill that I think would period prior to the election and you use benefit. I hope that doesn’t happen. have led to a more level playing field the name of the candidate. This is the The third thing that could happen is has been taken out already. I think bright-line test, which makes a whole that the McCain-Feingold, what I that is a shame. The reason that I got lot of sense. You can’t have perfection called extra mild, the new formulation, September 30, 1997 CONGRESSIONAL RECORD — SENATE S10211 will pass. Again, there is not enough us remember what the important is- were ready to come in, but the roofs zing in it, from my point of view, but I sues facing this Nation are and reflect were leaking, books had not been deliv- think it would represent a step for- and look at the District of Columbia ered. What happened? We had an ward. I mean, the provisions in the with respect to those. The District of amount of money for emergency re- McCain-Feingold extra mild would be a Columbia, as we all know, is the Na- pairs that had been appropriated—but step forward. It would be a reform ef- tion’s Capital. But I think sometimes that money, about $86 million came fort. It would build some more ac- we Members have a tendency to forget from the remainder of existing funds, countability into the system. It would that we are responsible now for the and other one-time piece meal funding, lessen some of the money that was city of Washington. We, in 1974, turned not through a dedicated, sustainable spent, and I think it would give people the city over to home rule. As that ex- revenue stream. It will just not be the some confidence that we are serious in perience turned out to be rife with dif- right way to go to meet the needs we this Congress about trying to change ficulty for the residents of D.C., Con- have, particularly with regard to infra- this system, this mix of money and pol- gress made efforts to become more vig- structure. itics, which so severely undercuts de- orously involved with the city’s gov- Take a look at this chart. You can mocracy. ernance. By getting more directly in- see that if this situation is not the Now, a final point, if I have 2 minutes volved, particularly with regard to the worst in the Nation, it is pretty close. left. There is a whole lot of energy education system, we therefore made Look at these statistics from a Gen- around the country at the State level. ourselves, the Members of this body eral Services Administration study, I mean, Vermont just passed a clean and the House, directly responsible to which I will make a part of the money election option. Maine passed the people of the District of Columbia. RECORD, which goes through these in- it. I know that Massachusetts is going And furthermore, we became more di- frastructure categories item-by-item to deal with this question. This is an rectly responsible to the people of the to show where this city is. effort that I love. I have introduced a Nation overall that we would have to Exterior walls: The national average bill with Senators KERRY, BIDEN, and do what is necessary to make this Cap- for having problems is 27 percent. We GLENN which basically says we are ital a capital we can all be proud of. have 72 percent of our exterior walls going to get all of the private money Can you be proud of the United and windows which are bad and not out, the big dollars out, and I think ul- States Capital when the top issue in meeting codes. timately this is the direction we have this Nation right now is education and Next one: Roofs. This probably has to go in. I will tell you something. Peo- here in Washington we continue to improved a little since we spent $70 ple around the country at the State have some of the lowest educational million fixing roofs this fall. But a year level are saying yes to that. scores and standards in the country? ago, only 27 percent of the schools in So, colleagues, people are serious We are doing our jobs as leaders in a this country had poor roofs—but in the about reform. This is one of those mo- major metropolitan area; how can we District we had 60-some percent of the ments in time. As the Senator from turn this city into a model for the Na- roofs that were not meeting code. This Minnesota, I am very discouraged that tion to show how we can take the cities does not mean they are beautiful; they we are not out here debating this. Let’s and help them become educational en- just do not meet the code and safety finish this appropriations bill that my terprises that are functioning well and violations. colleagues from North Carolina and that are delivering our young people Heating and ventilation, and air con- California are managing, the D.C. ap- into society with the skills they need ditioning: The national average, 36 per- propriations bill, and let’s have the de- to be able to make this Nation strong? cent below code; Washington D.C., 66 bate on campaign finance reform. Let’s This is a national problem of the percent. not have amendments out here that are highest priority. But let us take a look Plumbing: Sixty-five percent of the nothing less than an effort to destroy at the District of Columbia and where plumbing doesn’t meet code in D.C.’s this reform effort. Let’s debate the we stand as far as what we are doing schools—65 percent. stripped-down McCain-Feingold meas- for it and the distance that we have to Electrical and lighting: Fifty-three ure and get on and pass the reform bill. go. As I said, I had the job that the percent of the District’s school’s are in I yield the floor. Senator from North Carolina has, the code violations in this category The PRESIDING OFFICER. The time chairmanship of the subcommittee, and Life safety codes: Fifty-one percent of the Senator has expired. I took that responsibility very, very se- of our schools are in violation of life f riously. Working with Congressman safety codes. Would you trust your own GUNDERSON on the other side, we devel- children to that? I think not. DISTRICT OF COLUMBIA oped an educational program for the Power for technology: This is where APPROPRIATIONS ACT, 1998 city. We worked long and hard at it. we are doing the best, fortunately. But, The Senate continued with the con- We got it approved, and it is in law. It still, 41 percent of the schools don’t sideration of the bill. sets out the goals and methodology and have power to utilize technology. Mr. FAIRCLOTH. Mr. President, I the means for us to take this city and I am talking here about the Nation’s yield to the Senator from Vermont 40 turn it from the worst—and I will ex- Capital, the city that we would like to minutes. plain that later—in educational results point to to show as an example of how The PRESIDING OFFICER. The Sen- of any city in this country. a school system should be run. ator from Vermont is recognized for 40 Second—and I will talk about that Keep that in mind. minutes. even more quickly—we also have about Let’s take a look at this next chart Mr. JEFFORDS. Mr. President, I the worst infrastructure of any school to see what is going to happen. don’t anticipate taking very long. I system in this country—the worst. So For 3 years in a row we have had the want to raise a very important issue if we are going to make real progress in schools not opened on time because of relative to the District of Columbia. turning this education system around violations. Well, this is according to First of all, I want to commend the we have a long way to go. the GSA. The amount of repairs, cost subcommittee chairman. I served just We set the framework a couple years of repairs to meet code, plus some ahead of him in that capacity. I know ago when we took over the city. We other essential repair: $2 billion—that of the tremendous responsibility he created, first, the Control Board, which is with a ‘‘b’’—2 billion dollars’ worth has, and I have admired the way he has now has more of the mayoral respon- of repairs that are necessary in order been handling his job. I have also ad- sibilities, or is more analogous to a to get our schools in compliance with mired the way they have put the bill board of aldermen. They then created a the safety codes and other codes. together this year to help the city of school board to take a look and see We managed to get $86 million avail- Washington. what they could do to take this city able this year. That was the high point. But there are problems that are real- and to change it into a city that we We put $50 million the year before. Di- ly beyond the possibility of the sub- could be proud of. vide $86 million into $2 billion, and you committee to correct. These are what I We have all recently noted that the will see that somewhere between 20, 30, want to discuss today. First of all, let schools didn’t open on time. Children or 40 years from now depending on S10212 CONGRESSIONAL RECORD — SENATE September 30, 1997 what you spend each year, those would especially want to alert my Vir- This was done on behalf of the city to schools are going to be in code—our ginia and Maryland Senators that they explain the mess we are in, and pos- Nation’s Capital. don’t need to jump out of their chairs sible solutions as to how to get out of That is inexcusable. You tell me how and run over to the floor right now be- the mess. we are going to get $2 billion to be able cause I intend to withdraw it when I So, again I want to emphasize that to fix those schools. Is this subcommit- am finished. I offer the amendment. what I am trying to do today is to tee going to appropriate $2 billion? Of The PRESIDING OFFICER. Is there challenge the delegations from Mary- course not. objection to setting aside the pending land and Virginia, or anybody else, to I went from the Appropriations Com- amendment? Without objection, it is so say show me if you have a better way mittee to the Finance Committee, be- ordered. to come up with $2 billion so that we cause I knew that was where the action Mr. JEFFORDS. I ask unanimous are not embarrassed by having our was going to be. There is a lot of consent to set aside temporarily the schools shut down. Let me tell you why money out of there—$35 billion for edu- pending amendment and I will with- they will end up shutting down again if cation. draw it so it will be back pending at we don’t come up with something. So to the Finance Committee, I said, the time. There is a group called Parents Unit- ‘‘Hey. We ought to fix these schools.’’ The PRESIDING OFFICER. The ed. And they are upset with the fact So I had an amendment to get $1 bil- clerk will report. that their kids are going to schools lion—only one $1 billion—to get half The assistant legislative clerk read that are unsafe. So each year they go the job done. I came within one vote of as follows: to a judge who is very friendly to them passing that in the Finance Commit- and who likes to make us look stupid. tee. That was one of those meetings in The Senator from Vermont [Mr. JEFFORDS] proposes an amendment numbered 1266. So that judge shuts the schools down the middle of the night where nobody was quite present. But, anyway, I came Mr. JEFFORDS. Mr. President, I ask each year. And they have about 20 to 40 within one vote of getting it. I finally unanimous consent that the purpose be years to go, depending on how much we got $50 million. That would have paid read. It is relatively short. The amend- put up each year with these code viola- part of this year. ment is unfortunately quite long. tions. We went to conference. And they The PRESIDING OFFICER. Without So they will pick on a number of code said, ‘‘No. We would much rather cre- objection, it is so ordered. violations. The boilers are about to ate more jobs in the city. We would The clerk will report. blow in several of the schools. So much rather give things like tax cred- The legislative clerk read as follows: maybe this winter the Christmas holi- its for buying new houses, and all of (Purpose: To provide for a regional education days may get extended, if they decide these kinds of things.’’ So I went after and work force training system in the met- to go and get the boilers fixed, al- the $50 million. But I did get a commit- ropolitan Washington area, to improve the though I hope they will be able to fix ment from the head of OMB. I will get school facilities of the District of Colum- the boilers without that. into that in the later part of the dis- bia, and to fund such activities in part by But anyway, they will each time go, an income tax on nonresident workers in and they will get the court to order the cussion here. But he agreed with me the District of Columbia) that we ought to do something, and schools to be repaired. But as you say, that he would go with me and travel Mr. JEFFORDS. I ask unanimous with $2 billion to go in doing it with $50 and talk with the Governors of Mary- consent that reading of the amendment million to $80 million a year, it will land and Virginia. I intend to do that, be dispensed with. take a while. I don’t want to have to and see whether we can work some- The PRESIDING OFFICER. Without spend the rest of my time here being thing out. That will get to the solution objection, it is so ordered. embarrassed every year about why which I will get to a little later. (The text of the amendment is print- these schools are not being opened. Now let’s take a look at where we are ed in today’s RECORD under ‘‘Amend- So let’s take a look at what the posi- as far as the achievement of our young ments Submitted.’’) tive side of the events are. Let me tell people and take a look at this, if you Mr. JEFFORDS. Mr. President, I you what we have here, just to give you want to get depressed. thought that last sentence might stir some credence on what I am saying. This chart shows where the District up some anxiety. So I wanted to make Look at this Washington Post editorial of Columbia is in red. We put the Dis- sure that I reassured Senators that I the shortage of workers in this re- trict of Columbia in red each time would withdraw it. gional area for the information tech- where it belongs. And this shows the But I did want to reemphasize that I nology jobs available. Northeast average; the national aver- intend to meet with the OMB director But, as I mentioned earlier, there is a age levels. These are fourth grade stu- and with the Governors of Maryland serious labor market shortage in this dents scored at or above basic reading and Virginia, and lay out this plan area. We have a burgeoning develop- achievement levels. And it was down 6 which will help the District. But it will ment of technology-based jobs—not percent from 1992. We took these from also help the two surrounding States. only in the information industry but in 1994. Twenty-eight percent of the chil- So hopefully we can get an agreement every sector of our economy. These dren in the District of Columbia were to go forward with this, if we could, jobs are available in a location that’s passing the assessment for reading. In one, raise the $2 billion to take care of nice and convenient to the Capitol. 1993, it went down 6 percent to 22 per- the infrastructure problem; and, two, There are 50,000 jobs out there right cent. share 50–50 the ability to create the now that cannot be filled. And these If we are going to make the District kind of skilled training that is nec- are $20- $30- and $40-an-hour jobs that of Columbia the model for the Nation essary in this metropolitan area in cannot be filled because the schools, to follow, we are kind of headed in the order to provide skilled workers for the the high schools in this area, even wrong direction. 50,000 jobs that are available in this re- though we have some good ones out in So what are we going to do about gion which are not being filled at this the suburbs, are not graduating people that? I will also get to that in a little time. from high school with the capacity bit. Right now I think it would be ap- Before I go on, I want to say that the they should have to take these jobs. I propriate to go to the next phase where things which I am saying here and rec- want to mention this to give you an I am going to offer the amendment. ommending are not things that JIM idea of the dimension of the problem. AMENDMENT NO. 1266 JEFFORDS decided when he was losing If we could fill these jobs, it would (Purpose: To provide for a regional education his mind or something, as somebody increase the revenues in the area avail- and work force training system in the met- would think about standing up here able by $3.5 billion annually. We are ropolitan Washington area, to improve the school facilities of the District of Colum- and trying to help the District of Co- talking about an enormous amount. bia, and to fund such activities in part by lumbia. But this book everyone ought Keep that figure in mind. That is the an income tax on nonresident workers in to be required to read in the Congress, potential that we could do. Keep also the District of Columbia) which is ‘‘The Orphaned Capital,’’ and in mind the fact that in this city now Mr. JEFFORDS. Mr. President, I it is by Carol O’Clanahan, at the two-thirds of the workers are living in have an amendment at the desk. I Brookings Institution. the suburbs. That is up by one-half September 30, 1997 CONGRESSIONAL RECORD — SENATE S10213 from several years ago when everybody wise and also make it more appealing, in this country could do that is in this flooded out of the city. my amendment will take money from interstate situation, we must make I will remind you. Why did they flood the nonresident workers, the tax sure we turn this city around and move out? Two reasons: One, crime; and, money that goes to Annapolis and it in the right direction, first, by fixing back and forth between number one Richmond, and bring it back into coun- up the schools. and two, the schools. The schools are ties of Maryland and Virginia that bor- Now, certainly I am embarrassed, lousy. I am not going to bring my kids der the District of Columbia. and I hope all of my colleagues are em- up here. I am taking them to the sub- So in the final analysis we start out barrassed, by the fact that this city has urbs. and ease it in, phase it in so that it the worst school infrastructure in the So now two-thirds of the workers go would have a slow differential in the country and that such a huge number out. Do you know what they take with impact it has on those States starting of our schools are unfit. With $2 billion, them? They take with them $20 billion off with money to repair the schools. I hope they would take notice and join a year—$20 billion a year that goes out That will take about 1 percent. We me in trying to do something about it. to be taxed by Virginia and Maryland. could phase that in in a couple years. But I also point out that it does not Do you want to know why Virginia and One percent would take care of the make any difference to me how we do Maryland are going to get upset? Be- bonds to raise $2 billion. Then, if we it. I would challenge the Senators from cause if I try to take some of that, can go to 3 percent, split that so that Virginia and Maryland, if they do not wow. That is going to be revenue out of it equals half the money going to the like the fact that some of the money their pockets. suburbs and half to the District of Co- may be taken from their State capitals That is why I want to emphasize that lumbia—that is including the infra- and moved down into their counties if we increase the revenues by $3.5 bil- structure repairs—we can then create near here or some into the District of lion, it will help reduce the impact of what needs to be done, a system to be Columbia, then suggest another alter- removing it. And we are not going to able to coordinate the schools in these native. I urge any of my colleagues to take all of it anyway. How much comes areas to find out where best to have figure out how we can raise $2 billion back in from people working out? One skill training. For instance, I would over the next couple years so that we percent of that. One percent comes recommend we take UDC, the Univer- can get these schools fixed so we do not from workers working out of the Dis- sity of the District of Columbia, and have to go through the difficult period trict—outside the District, coming make it into a skill training center. of time each year of being embarrassed back into the District. It is a huge dis- Give it a new purpose. It could be used by the District of Columbia school sys- parity. for those purposes. And these grants tem. Another fact that I want to men- would be given out in cooperation with In winding up, I urge that we will get tion—this one is very, very important the Department of Education and the your attention because I think it is to remember. Washington, DC, is the Department of Labor. I did not want to easy for us, as so many Members do only city in America which is in an give it to the Federal Government, but when I talk to them, to say, ‘‘Oh, interstate area where its workers can- that does make it necessary for inter- that’s Mayor Marion Barry’s problem. not—cannot—be taxed on their wages state compacts. So then we could cre- He made a mess out of it.’’ That may before they go home. It is the only city ate the system. be true. But that is not the solution. in America that is in that situation. Let’s take a look back at the Wash- We are responsible. We are the ones All of the cities that are in an inter- ington Post. What it is talking about is who have to come up with a solution, state situation have taxes on the non- where the jobless could be given jobs. I and if we do not do it, then I am sad for residents. So part of the work revenue want to give validity to what I am say- the kids in these schools. I am sad for stays. The highest I think is 4 percent. ing. They are aware of this. The busi- the city, and I am sad for all of us who The average is around 2 or 3 percent. ness community is also aware of what will be embarrassed, instead of having Just keep that figure in mind because I am trying to do and very supportive, the Nation’s Capital pointed to, as it you have a huge amount of money that and the educators are, of course, too. could be, as a model to follow, and ridi- flows out of the District into Maryland I have spoken with the leaders of the ex- culed and we feel so sorry for those and Virginia, which grab hold of it and ploding high-technology industry from Vir- kids. throw into their treasury. Everybody ginia and Maryland, and they note that the Now, let me talk a little bit also boom has been so dramatic that they’re wor- about other things that can be done to would like to be able to do that. ried about finding enough people to work for So that is the situation we are in. them. Then note the plight of the District, help the city and that are being done. Now the question is, How can we where businesses evaporate and unemploy- I have lived here now close to 25 years. make an equitable system, granted ment is the highest in the region. The obvi- I have lived right in the District. I that this city is restrained? How are we ous but so far elusive solution: match the have not gone out to the suburbs so I restrained? Let me tell you how that District of Columbia jobless with Northern know what’s going on here and I have happened. Back in 1974, when the Dis- Virginia jobs. seen it improved; I have seen it getting trict of Columbia went to home rule, a So this is known as an area of need. better; but I feel very responsible for very astute Member of the House said, So what I am recommending with this it. And so I hope that we will see as we ‘‘Hey. Every other city in this country amendment is that we ought to work move forward that we can change this grabs money from the workers.’’ And together as a region. And this can be city around. I am hopeful that we will that Representative was from Virginia, done nationally. I would say the Sen- have that responsibility, recognize it naturally, and offered an amendment ator from North Carolina, when we dis- and do something about it. which passed that said the District of cussed this some time ago, pointed out In addition to what I have already Columbia is prohibited from taxing in North Carolina they have developed told you about, I would also like to workers, nonresident workers. And these things, and the South has been mention what the private sector has that is still in the law. So right now, very astute. We in the Northeast and been doing to assist. We ought to keep unlike any other city in America in a the rest of the country ought to be our eye on the private sector because similar situation, the District of Co- aware of what they are doing. They are they are showing us their ability lumbia cannot tax the nonresident in- working together in a region. They are through volunteering. come. inviting businesses to come in. They Let me talk about two programs that Well, it seemed to me that under that are creating skill training in order to I have been working with the private circumstance it would be appropriate make sure that they can get the jobs sector. One looks at one of the most to take a look to see if we could not and get the businesses to locate in difficult problems the Nation has, and just nick it and take some money back their States to provide them with what that is reading. You saw the record, the to float the bond for the $2 billion is necessary. horrible record of the District of Co- needed for the infrastructure code re- Now, I am hopeful that when the lumbia in reading. We have started a pairs. other States look at this they will real- program called ‘‘Everybody Wins!’’ That is what this amendment does. ize, if we come in and just take a little This is a lunchtime volunteer reading But in addition to that, to be more bit of the money, which any other city program that pairs caring adults with S10214 CONGRESSIONAL RECORD — SENATE September 30, 1997 elementary school children in Title 1 habits. To make this work we had to unanimous consent they be considered schools to help them learn to read and form a partnership with a local univer- en bloc. I have discussed this with the learn the value of reading and edu- sity and American University stepped manager of the bill. He understands cation. Senate volunteers go every right up to the plate and we now will that I am going to make this request, Tuesday to the Brent School to read have a big launch event this Fall to get and he has no objection. over here on the Hill and the House the word out about how more people The PRESIDING OFFICER. Without volunteers go down to the John Tyler can get involved. objection, it is so ordered. school. All in all we now have around Another area. Representative CASS The clerk will report. 300 House and Senate staff who read in BALLENGER has been working with the The legislative clerk read as follows: the program. We began ‘‘Everybody private sector and contractors, saying, The Senator from West Virginia [Mr. Wins!’’ up here on the Hill to generate will you help? Will you help do things BYRD] proposes amendments 1267, 1268, 1269, awareness with the private sector and with a little money? In other words, en bloc. others of how fantastic a program it is try to get donated whatever is needed Mr. BYRD. Mr. President, I ask unan- and how easy and effective it is to get to help fix these schools. And they say imous consent that reading of the involved and this year we will have yes. Ballenger said, well, the problem amendments be dispensed with. about 1,200 volunteers all across the is we can’t do much about it because of The PRESIDING OFFICER. Without city who are reading to kids in first the Davis-Bacon Act. And hopefully at objection, it is so ordered. through sixth grades to make sure at the same time we do this we could get The amendments are as follows: the end of the third grade they know an agreement to lift the Davis-Bacon how to read—a great program. It is a Act, or at least the size of contracts AMENDMENT NO. 1267 non-profit educational foundation which are needed to be met so that we (Purpose: To prohibit alcoholic beverage ad- funded by the private sector, with the could take that money and do it with vertisements on billboards, signs, posters, much less by being able to get around and other forms of advertising in certain whole effort led by the PGA Tour and publicly visible locations in the District of the Tour Wives Association. The PGA the Davis-Bacon Act. Columbia where children are likely to Tour is under the leadership of Com- So the private sector is ready to help. walk to school or play) I am certainly ready to help. A number missioner Tim Finchem, who is really At the appropriate place, insert the follow- making children and education a prior- of my colleagues are. But it is up to ing: ity, and I commend him for all his the rest of the Senate and the House to SEC. . (a) Chapter 29 of title 12A of the help. We have been able to raise some really say we are going to make this District of Columbia Municipal Regulations money each year at a fundraiser called capital the best in the country, not the (D.C. Building Code Supplement of 1992; 39 ‘‘Links to Literacy.’’ The entire House worst. And right now we are embar- DCR 8833) is amended by adding the follow- and Senate leadership from both sides rassed, and I am embarrassed, but I am ing 2 new sections 2915 and 2916 to read as hopeful a year from now we will be on follows: of the aisle joined me and Senator KEN- ‘‘2915.0 Alcoholic Beverage Advertisements. NEDY in spearheading this event. We the road to progress and I am going to do everything I can to make sure that ‘‘2915.1 Notwithstanding any other law or will have another fundraiser this regulation, no person may place any sign, spring where ‘‘everybody wins’’ so that we are on that road. poster, placard, device, graphic display, or we can make progress toward our goal Mr. President, I am pleased to yield any other form of alcoholic beverage adver- of having every elementary school back the remainder of my time. I with- tisements in publicly visible locations. For child in the D.C. public schools read draw my amendment. the purposes of this section ‘publicly visible The PRESIDING OFFICER. The with an adult volunteer once a week at location’ includes outdoor billboards, sides amendment is withdrawn. of buildings, and freestanding signboards. lunchtime. The amendment (No. 1266) was with- ‘‘2915.2 This section shall not apply to the Secondly, the area of greatest dif- drawn. placement of signs, including advertise- ficulty—and here is another area where Mr. FAIRCLOTH. Mr. President, I ments, inside any licensed premises used by the District of Columbia leads the Na- suggest the absence of a quorum. a holder of a licensed premises, on commer- tion, I think—is school dropouts. Forty The PRESIDING OFFICER. The cial vehicles used for transporting alcoholic percent of the kids in the District of clerk will call the roll. beverages, or in conjunction with a one-day Columbia system who start do not fin- The legislative clerk proceeded to alcoholic beverage license or a temporary li- cense. ish, and that I tell you is very much re- call the roll. lated to the serious crime problem be- ‘‘2915.3 This section shall not apply to any Mr. FAIRCLOTH. Mr. President, I sign that contains the name or slogan of the cause 80 percent of the people that are ask unanimous consent that the order licensed premises that has been placed for in jails are school dropouts. for the quorum call be rescinded. the purpose of identifying the licensed prem- I traveled out to San Diego and vis- The PRESIDING OFFICER. Without ises. ited a program there which was set up objection, it is so ordered. ‘‘2915.4 This section shall not apply to any by the private sector called ‘‘Operation UNANIMOUS-CONSENT AGREEMENT—H.R. 2203. sign that contains a generic description of FitKids.’’ This program was founded by Mr. FAIRCLOTH. Mr. President, I beer, wine, liquor, or spirits, or any other ge- a man named Ken Germano who works ask unanimous consent that at 5 neric description of alcoholic beverages. in the fitness industry and who is pas- o’clock today, the Senate proceed to ‘‘2915.5 This section shall not apply to any sionately dedicated to underprivileged neon or electrically charged sign on a li- the consideration of the conference re- censed premises that is provided as part of a kids. He figured out a way for the fit- port to accompany H.R. 2203, the En- promotion of a particular brand of alcoholic ness industry to donate used equip- ergy and Water appropriations bill. I beverages. ment to schools to create safe, edu- further ask that the reading be waived ‘‘2915.6 This section shall not apply to any cational fitness centers in the middle and the conference report be limited to sign on a WMATA public transit vehicle or a and high schools. Now you have to have the following debate time: the two taxicab. the biggest and best equipment in managers, 10 minutes each; Senator ‘‘2915.7 This section shall not apply to any sign on property owned, leased, or operated order to attract people. I know I watch MCCAIN up to 10 minutes. I further ask television. Every couple weeks there is by the Armory board. unanimous consent that immediately ‘‘2915.8 This section shall not apply to any a new way to tread the mill and those following the expiration of the time, sign on property adjacent to an interstate kinds of things. My colleague Senator the Senate proceed to a vote on the highway. KOHL has joined with me to bring this adoption of the conference report with ‘‘2915.9 This section shall not apply to any great program to the District of Co- no intervening action or debate. sign located in a commercial or industrial lumbia. This summer we were able to The PRESIDING OFFICER. Is there zone. have half a million dollars worth of objection? The Chair hears none, and it ‘‘2915.10 Any person who violates any provi- equipment that has been donated to is so ordered. sion of this section shall be fined $500. Every four of the middle schools and high The PRESIDING OFFICER. The Sen- person shall be deemed guilty of a separate offense for every day that violation contin- schools in our city’s worst areas to ator from West Virginia. ues.’’. help young people with a place to go to AMENDMENT NOS. 1267, 1268, 1269, EN BLOC (b) The amendment made by subsection (a) exercise and to communicate with each Mr. BYRD. Mr. President, I send shall take effect 180 days after the date of other and to learn life-long healthy three amendments to the desk. I ask enactment of this Act. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10215 AMENDMENT NO. 1268 erally 13-year-olds. Every State has a often than we like to contemplate, a (Purpose: To increase the number of ABC in- law prohibiting the sale of alcohol to space in the cemetery with a tomb- spectors in the District of Columbia and individuals under the age of 21. Unfor- stone resting above—especially in the focus enforcement on sales to minors) tunately, though, two out of every case of young drinkers. Ads filled with On page 49, between lines 13 and 14, insert three teenagers who drink report that singles playing exciting outdoor sports, the following: they can buy their own alcoholic bev- or sophisticated adults combining alco- SEC. 148. There are appropriated from ap- erages. hol with an elegant evening out, mask plicable funds of the District of Columbia Alarmingly, junior and senior high such sums as may be necessary to hire 12 ad- the darker view of children cringing ditional inspectors for the Alcoholic Bev- school students drink 35 percent of all and hiding when Daddy weaves drunk- erage Control Board. Of the additional in- wine coolers and consume 1.1 billion enly through the door from a bleary- spectors, 6 shall focus their responsibilities cans of beer a year. Yet, again, every eyed evening spent in the company of a on the enforcement of laws relating to the State and the District of Columbia bottle, or several bottles. sale of alcohol to minors. have laws prohibiting the sale of alco- Similar bans have been enacted in hol to individuals under the age of 21. Baltimore and Chicago to protect chil- AMENDMENT NO. 1269 Alcohol is a factor in the three leading dren in those cities. Why not here? (Purpose: To require the General Accounting causes of death for 15- to 24-year-olds: Given the large number of liquor stores Office to study the effects of the low rate accidents, homicides, and suicides. In in the District and the number of signs of taxation on alcohol in the District of approximately 50 to 60 percent of youth Columbia) enticing children to try a substance suicides, alcohol is a factor. Alcohol is that they are barred from using by law, At the appropriate place, insert the follow- involved. In 1995, there were 1,666 alco- ing: it is important that we take action SEC. . (a) Not later than 6 months after hol-related fatalities of children be- now. Let us not delay and miss this op- the date of enactment of this Act, the Gen- tween the ages of 15 and 19. Drinking portunity to make a positive difference eral Accounting Office shall conduct and and driving kills. Links have also been for the District’s children. submit to Congress a study of— shown between alcohol use and teen It is my understanding that similar (1) the District of Columbia’s alcoholic pregnancies. And links have been legislation is currently pending before beverage tax structure and its relation to shown between alcohol use and sexu- surrounding jurisdictions; the D.C. Council. It is not clear wheth- ally transmitted diseases. er the council will act expeditiously on (2) the effects of the District of Columbia’s According to a Washington Post arti- lower excise taxes on alcoholic beverages on this important matter. Thus, it is in- consumption of alcoholic beverages in the cle from July 17, 1997, entitled, ‘‘The cumbent upon the Congress to provide District of Columbia; Corner Store,’’ the District outranks this important protection to the Dis- (3) ways in which the District of Colum- every State with regard to deaths and trict of Columbia’s children as they bia’s tax structure can be revised to bring it diseases related to alcohol. In addition, walk to school and as they play in into conformity with the higher levels in according to Joye M. Carter, chief D.C. their neighborhoods. In my opinion, surrounding jurisdictions; and medical examiner, in 1993, 50 percent of the amendment, although I believe it is (4) ways in which those increased revenues the homicide victims had consumed al- can be used to lower consumption and pro- crafted to survive legal challenges, cohol. does not go as far as I would like in mote abstention from alcohol among young In order to begin to address the dis- people. protecting the District’s children. I tressing cost of alcohol to this city, (b) The study should consider whether— urge the council to explore additional and its children, I am offering three (1) alcohol is being sold in proximity to ways to expand this protection. commonsense amendments to this bill, schools and other areas where children are I am sure that some will challenge likely to be; and the District of Columbia Appropria- (2) creation of alcohol free zones in areas tions Act for fiscal year 1998. The this amendment, arguing that commer- frequented by children would be useful in de- amendments I have sent already to the cial speech is protected from such bans terring underage alcohol consumption. desk. under the First Amendment. As a mat- Mr. BYRD. Mr. President, I rise The first one would prohibit alco- ter of fact, the beer industry chal- today to address an issue that concerns holic beverage advertisements on bill- lenged the Baltimore ordinance ban- me and, in my opinion, does not receive boards, signs, and posters and other ning outdoor, stationary alcoholic bev- enough attention, enough attention or forms of advertising in certain publicly erage advertising which is almost iden- enough action by the Congress. This is visible locations in the District of Co- tical to my amendment. The circuit the issue of youth alcohol use. It is a lumbia where children are likely to court has upheld the Baltimore ordi- serious problem in the District of Co- walk to school or to play. I believe this nance as constitutional. lumbia, as it is throughout the Nation. is an important, commonsense measure Children cannot readily interpret Alcohol is the drug that is used most to help to shelter innocent children of media messages. Their ability to ana- by teens. If we are concerned about the District of Columbia from the daily lyze information is not yet fully devel- drug use by teens, this is the drug that bombardment of messages tempting oped, and, thus, they are more vulner- is used most by teens. Information them to partake of alcoholic beverages. able to being swayed by advertise- compiled by the National Center on There is a lot of fuss made about adver- ments. This fact is of particular con- Addiction and Substance Abuse indi- tisements concerning smoking. Noth- cern when the substances being adver- cates that, among children between the ing is said about advertisements con- tised are illegal for consumption by ages of 16 and 17, 69.3 percent have at cerning alcohol. That, apparently, is minors. According to the U.S. Court of one point in their lifetime experi- taboo. Appeals, Fourth Circuit, in Anheuser- mented with alcohol. Competitive Media Reporting esti- Busch, Incorporated versus Schmoke: Let me say that again. Among chil- mates that the alcoholic beverage in- This decision thus conforms to the Su- dren between the ages of 16 and 17, 69.3 dustry spent more than $1 billion on al- preme Court’s repeated recognition that percent have at one point in their life- cohol advertising in 1995. That is an children deserve special solicitude in the time experimented with alcohol. That enormous amount of money, and this First Amendment balance because they lack is not a very good reflection on their advertising is often crafted to particu- the ability to assess and to analyze fully the information presented through commercial parents, I would say. In the last month, larly appeal to impressionable chil- media. approximately 8 percent of the Na- dren. Our children are bombarded with tion’s eighth graders—now, get that— slick and ingenious messages that The Fourth Circuit decision goes on: in the last month, approximately 8 per- drinking alcohol will lead to popu- After our own independent assessment, we cent of the Nation’s eighth graders larity; you will be popular; it leads recognized the reasonableness of Baltimore have been drunk. What are we coming even to good looks, and leads to a mag- City’s legislative finding that there is a to? Eighth graders—8 percent of the netic personality. Nothing could be fur- ‘‘definite correlation between alcoholic bev- erage advertising and underage drinking.’’ Nation’s eighth graders have been ther from the truth, of course. Drink- We also concluded that the regulation of drunk. What does that say about the ing alcohol more often leads to commercial speech is not more extensive parents? What does it say about this wrecked automobiles, unwanted sex, than necessary to serve the governmental in- Nation of ours? Eighth graders are gen- coarse and stupid behavior, and more terest. . . S10216 CONGRESSIONAL RECORD — SENATE September 30, 1997 Mr. President, in addition to its deci- leagues will join me in this important Mr. FAIRCLOTH. Mr. President, the sion, the Court determined that Balti- effort to address the serious issue of al- three amendments offered by Senator more’s ordinance was not more restric- coholic beverage sales to minors. BYRD will be voted on en bloc, and we tive than necessary to accomplish the My third amendment calls for the want to set them aside until the lead- stated goal of protecting children from General Accounting Office [GAO] to ership arranges a vote. alcoholic beverage advertising. conduct a study on the District’s alco- The PRESIDING OFFICER. The The Court of Appeals specifically holic beverage excise taxes. It is my amendments have been set aside. cited the ordinance’s inclusion of an understanding that the level of tax- Mr. FAIRCLOTH. Mr. President, I exemption, which is also included in ation in the District is amongst the suggest the absence of a quorum. my amendment, for commercial and in- lowest in the Nation. According to The PRESIDING OFFICER. The dustrial areas. According to the deci- local activists concerned about the ef- clerk will call the roll. sion, ‘‘* * * Baltimore’s efforts to tai- fects of alcohol consumption on the The legislative clerk proceeded to lor the ordinance by exempting com- District, raising the excise tax on alco- call the roll. mercial and industrial zones from its hol could be the single most effective Mr. FAIRCLOTH. Mr. President, I effort renders it not more extensive means of reducing alcohol consumption ask unanimous consent that the order than is necessary to serve the govern- in the District. This amendment would for the quorum call be rescinded. mental interest under consideration.’’ require the General Accounting Office The PRESIDING OFFICER. Without The exceptions to the ban included in to study: (1) the District of Columbia’s objection, it is so ordered. my amendment are numerous and re- alcoholic beverage tax structure and UNANIMOUS-CONSENT AGREEMENT sult in a narrowly tailored approach to its relation to surrounding jurisdic- Mr. FAIRCLOTH. Mr. President, I achieving the goal of protecting chil- tions; (2) the effect of D.C.’s lower ex- ask unanimous consent that the votes dren in areas they frequent while stay- cise taxes on alcoholic beverages on occur on the amendments offered and ing within the confines of permissible consumption of alcoholic beverages in considered en bloc by Senator BYRD restrictions on commercial speech D.C.; (3) ways in which the District of immediately following the vote on the under the Constitution. Banning bill- Columbia’s tax structure can be revised energy and water appropriations con- board advertisements for alcoholic bev- to bring it into conformity with the ference report and that one vote count erages where children play and go to higher levels in surrounding jurisdic- as three votes. school are reasonable safeguards that tions; and (4) ways in which those in- The PRESIDING OFFICER. Without communities can take to address youth creased revenues can be used to lower objection, it is so ordered. alcohol use. So, I urge my colleagues to consumption and promote abstention Mr. FAIRCLOTH. Mr. President, join me in this worthwhile and nar- from alcohol amongst young people. again, I suggest the absence of a rowly tailored effort to protect the The study would also explore wheth- quorum. children of our Nation’s Capital. er alcohol is being sold in proximity to The PRESIDING OFFICER. The My second amendment, Mr. Presi- schools and other areas where children clerk will call the roll. dent, would increase the number of Al- are likely to be. In addition, would the The legislative clerk proceeded to cohol Beverage Control Board inspec- creation of alcohol free zones in areas call the roll. tors in the District and focus enforce- frequented by children be useful in de- Mr. FAIRCLOTH. Mr. President, I ment on the sale of alcoholic beverages terring under-age alcohol consump- ask unanimous consent that the order to minors. The D.C. Alcohol Beverage tion? for the quorum be rescinded. Control Board has just three inspectors These are important issues. They are The PRESIDING OFFICER. Without in the field in addition to their chief, important issues that ought to be ex- objection, it is so ordered. who also performs inspections of alco- plored. The information obtained in Mr. FAIRCLOTH. Mr. President, I hol outlets. These four inspectors are the study will be useful in determining modify my consent request with re- responsible for monitoring over 1,600 the need for possible future adjust- spect to the Byrd votes, that one vote alcoholic beverage outlets. This is a ments of the excise taxes in the Dis- count as only one vote. sad state of affairs for a city that has trict on alcohol that might reduce the The PRESIDING OFFICER. Without more alcohol-influenced crime than high costs that alcohol abuse imposes objection, it is so ordered. any other city of comparable size. In on the District of Columbia. Mr. FAIRCLOTH. Mr. President, I contrast, Baltimore employs 18 regular The District of Columbia is our Na- suggest the absence of a quorum. inspectors in addition to a number of tion’s Capital, a centerpiece for our Na- The PRESIDING OFFICER. The part-time inspectors. tion’s Government, as well as a home- clerk will call the roll. It is illegal for persons under the age town for 600,000 people. It should be a The bill clerk proceeded to call the of 21 to purchase, possess, or consume shining star in the constellation of roll. alcoholic beverages in the District. In American cities, but it is not. Sadly, Mr. HOLLINGS. Mr. President, I ask addition, the sale of alcoholic bev- that star is tarnished by neglect, unanimous consent that the order for erages to minors is prohibited. How- abuse, and by the complex forces that the quorum call be rescinded. ever, these laws are not being ade- hold sway over and within it. The cor- The PRESIDING OFFICER. Without quately enforced. rosive effects of alcohol abuse further objection, it is so ordered. In May of this year, the Center for erode its beauty and grandeur. I believe Mr. HOLLINGS. Mr. President, I ask Science in the Public Interest [CSPI] that these three amendments make a unanimous consent to proceed for 5 conducted a sting operation at small positive step toward repairing the Dis- minutes as in morning business and my grocery and convenience stores in trict so that it might claim its rightful remarks not interrupt the pending which alcoholic beverages are sold. The place at the pinnacle of American met- amendment. sting operation used youthful looking ropolitan areas. The PRESIDING OFFICER. Without twenty-one-year-olds to purchase beer. Mr. President, I ask for the yeas and objection, it is so ordered. In 63 percent of the cases, the young nays on the amendments en bloc. f looking subjects were able to buy beer The PRESIDING OFFICER. Is there a THE DEFICIT without presenting age identification— sufficient second? 63 percent of the cases. Clearly this is There is a sufficient second. Mr. HOLLINGS. In his book ‘‘Break- not good news. It is not legal to sell al- The yeas and nays were ordered. ing the News,’’ Jim Fallows writes: ‘‘If coholic beverages to minors. The low Mr. BYRD. Mr. President, I ask unan- the public is confused, alienated, pessi- probability of enforcement of this law imous consent that the amendments, mistic or hostile to government, that results in lax age identification checks. en bloc, be set aside temporarily to a is only partly the public’s fault. . . .’’ My amendment strengthens the Dis- time when the leadership would find it And he goes on to say, ‘‘Journalism trict’s ABC enforcement efforts by most convenient for Members to have should lead the public by pointing out bringing the number of inspectors up the vote. realities.’’ to a level comparable to other cities of The PRESIDING OFFICER. Without So I briefly point out a reality, Mr. this size. It is my hope that my col- objection, it is so ordered. President, to the Congress here this September 30, 1997 CONGRESSIONAL RECORD — SENATE S10217 afternoon. In ‘‘The Economic and on. If you can find what prison he is in, At times, those negotiations were Budget Outlook’’ of the Congressional tell Denny he made a mistake. He difficult. However, the final result is a Budget Office—the authority with re- should have run for the Senate: instead well balanced bill I believe should be spect to budgetary figures such as the of getting a prison sentence, he would supported by all my colleagues—it cer- balanced budget, deficits and sur- have gotten the Good Government tainly was well received by the House pluses—we find on page 34, Mr. Presi- award. That is what we are doing which passed it a few hours ago by a dent, the reality that while, yes, a uni- around here—stealing from the Amer- vote of 404 to 17. fied deficit is listed as $34 billion, the ican people’s pension funds. And we are In summary, the bill provides actual deficit for the year 1997 that patting each other on the back. This is $21,209,623,000, a reduction of ends at midnight tonight is $177 billion. a sweetheart deal. Both parties are $1,895,701,000 from the amount of the re- That is the deficit. The media should agreeing to lie to the American people quest and $57,421,000 below the level report this, the reality, and not the so that we can proclaim the budget is recommended by the Senate, for pro- fraudulent unified deficit. We are balanced. grams with the jurisdiction of the sub- spending $177 billion more than we are The truth of the matter is, we have a committee. Details are provided in the taking in. deficit now, and we will still have one report which was filed last Friday and The unified deficit is $34 billion be- in 2002. This year’s much-ballyhooed has been available to Members since cause they count the surpluses from budget deal increases spending $52 bil- Saturday when it was printed in the the airports, the highway trust funds, lion and cuts revenues $95 billion. Now, RECORD. Social Security, and the military and how can you balance anything by in- There are a few matters that need civil service pension funds—billions of creasing your spending and cutting clarification. dollars moved over. But that does not your revenues? You can’t. But that is The conferees included language in obscure the fact, nor it should not ob- what we are claiming. It is Rome all the conference report commending the scure the fact, that as of this fiscal over again, and we are trying to make Department on the tremendous ad- year, when we are all talking about the people happy with bread and cir- vances made in pulsed-power tech- wonderful reductions in deficits, we are cuses. Only today, the Congress’ cir- nology in the past year. Because of un- running a real deficit of $177 billion. cuses are spending increases and tax certainties, which I will discuss in a Now, Mr. President, 5 years out when cuts and shouts of ‘‘balance, balance, moment, in the level of funding needed we all say, ‘‘Oh, we have a balanced balance.’’ for the pulsed power program in the budget for the first time since Lyndon I yield the floor, Mr. President. I coming fiscal year, a level was not Johnson,’’ and everyone is running thank the distinguished Presiding Offi- specified. However, the conferees have around shouting ‘‘balance!’’ there will cer and my colleague from North Caro- indicated that the Department should be no balance, according to the Con- lina. support continued Z-physics and gressional Budget Office. In the year I suggest the absence of a quorum. diagnostics in the coming year. 2002, the deficit, rather than being in The PRESIDING OFFICER. The A robust pulsed power program in the balance, will be $161 billion. And that clerk will call the roll. coming year might include $13,000,000 assumes optimistically that 95 percent The bill clerk proceeded to call the for continued Z-machine physics, of the domestic cuts occur in the last 2 roll. $5,000,000 for backlighting, and an addi- years. Mr. FAIRCLOTH. Mr. President, I tional $7,000,000 for the conceptual de- I can assure the distinguished Sen- ask unanimous consent that the order sign of the next generation pulsed ator from North Carolina that the defi- for the quorum call be rescinded and power machine; X–1. However, there cit will be bigger 5 years out than it is that the time be equally divided. may be less expensive ways to achieve today, at the end of this fiscal year. The PRESIDING OFFICER (Ms. backlighting, and the schedule for a Looking at the figures across the board SNOWE). Without objection, it is so or- next generation machine would be bet- for the next 5 years, I see that the CBO dered. ter determined following additional ex- forecasts next year’s deficit to be $210 f periments on the existing machine. For billion; the year following that, 1999, those reasons, it is impossible to speci- the deficit will be $226 billion. Go ENERGY AND WATER DEVELOP- fy a level of funding for the coming across the board and you will find out MENT APPROPRIATIONS ACT, year. However, the Department should the so-called balanced budget actually 1998—CONFERENCE REPORT continue Z-physics experiments with increases the national debt by $1 tril- The PRESIDING OFFICER. Under those objectives in mind. lion. the previous order, the Senate will now The conferees agreed to a provision Now why is that dangerous? That is turn to the conference a report on that would prohibit the Department of dangerous because you cannot avoid (H.R. 2203) making appropriations for Energy from awarding, amending, or the interest costs on the national debt. energy and water development for the modifying any contract in a manner The national debt is now in excess of fiscal year ending September 30, 1998. that deviates from the Federal acquisi- $5.3 trillion, and going up to over $7 The report will be stated. tion regulation, unless the Secretary trillion in the next 10 years. The bill clerk read as follows: grants, on a case-by-case basis, a waiv- er to allow for such deviation. In the Mr. President, the Congressional The committee on conference on the dis- Budget Office estimates that even with agreeing votes of the two Houses on the statement of managers, the conferees low-interest rates we will spend $358 amendment of the (Senate or House) to the direct the Department to be cognizant billion in the next year just servicing (H.R. 2203) having met, after full and free of and utilized provisions of the Fed- the national debt. This amounts to al- conference, have agreed to recommend and eral acquisition regulation that permit most $1 billion a day. This is $1 billion do recommend to their respective Houses exceptions to the Federal acquisition a day we cannot spend on new roads or this report, signed by all of the conferees. regulation and provisions intended to schools. The first thing the Govern- The Senate proceeded to consider the address the special circumstances en- ment does every day is borrow another conference report. tailed by management and operating $1 billion to pay interest on the na- (The conference report is printed in contracts. I want to clarify that, if the tional debt. Now, if you managed your the House proceedings of the RECORD of Department utilizes those provisions of family finances or your business this September 26, 1997.) the Federal acquisition regulation that way, you would not last long; but we Mr. DOMENICI. Madam President, on permit exceptions to the Federal acqui- are doing it. July 16, the Senate passed its version sition regulation or that address the All this reminds me of Denny of the Energy and Water Development special circumstances of management McLain. He was convicted earlier this Act for fiscal year 1998 by a vote of 99 and operating contracts, it will not be year of using his company’s pension to 0. Since that time, the House has necessary for the Secretary to obtain a fund to pay off his company’s debt. You passed its version, which in some cases waiver for those cases; the use of such see, we passed the Pension Reform Act was quite different than the Senate provisions will not be considered a de- of 1994, and when Denny violated that version, and conferees have resolved viation from the Federal acquisition act, he was sentenced to 8 years in pris- the differences between the two bills. regulation. S10218 CONGRESSIONAL RECORD — SENATE September 30, 1997 Due to a production error, report lan- and it has been a most productive year. any underground testing—to make sure guage agreed to by conferees from the I greatly appreciate his cooperation that our weapons are safe and reli- House and Senate was inadvertently and look forward to many years of able—which is a new concept called excluded from the joint statement of working together. science-phased stockpile stewardship. the managers. The text of that lan- Madam President, I am merely going That represents a little over $4 bil- guage is as follows: to remind the Senate that when we are lion in this bill. And I imagine for a With respect to funds appropriated in fiscal in conference with the House, some- long period of time we will be spending year 1993 and made available to the Center times we get our way, sometimes they something like that, or more, because for Energy and Environmental Resources, get their way. As a matter of fact, apparently we are not going to do any Louisiana State University, Baton Rouge, most of the items that the distin- underground testing. That means that Louisiana, the conferee strongly recommend guished Senator from Arizona is con- scientists have to use new methods that the Department disperse these funds cerned about were House matters, as I built around large computers, and test- only in accordance with the original intent listened to them and as my staff tells ing in other ways; and scientific instru- to place the facility on property owned by ments that will measure the validity of the Research Park Corporation in Baton me about them. Rouge, Louisiana or contiguous property Frankly, everybody in this body that our nuclear weapons without having thereto owned by Louisiana State Univer- has been here for any period of time them tested. sity, Baton Rouge. knows that when you go to conference In addition, there is some very excel- We fully expect that the Department with the House, they have to get some lent research that everybody thinks ought to take place. Much of it is not of Energy and interested stakeholders things that are theirs and we have to necessarily in direct energy research will regard this language as though in- get some things that are ours, and we but has to do with basic physics where- cluded in full in the joint explanatory have to compromise on others. I want in some of the best physics research in statement of the committee of con- the Senate to know that, in terms of overall expenditures, this bill is $1.8 the world takes place under the aus- ference. pices of this bill. billion in budget authority under the The conference report contains a pro- We are busy trying to do our very vision requiring the Bureau of Rec- request of the President. That means best to maintain the stewardship of the lamation [BOR] ‘‘to undertake a study we have done things differently than weapons; to see what the reality of the of the feasibility of using the Mount the President. In some areas, we have future lies therein; to take care of the Taylor mine as a possible source of gone up and in some areas we have basic research for this, which is one of water supply for the City of Gallup.’’ gone way down from where he wanted the three or four major areas for re- While the background material for this us to be. When you add them alto- search in science-based physics, and study clearly indicates that this study gether, water projects, which are more the like, found in this bill; and, at the will include the impacts of such water than the President wanted and, obvi- same time to satisfy many requests for use on other users, such as the Laguna ously, the House wanted far more Members about water projects. and Acoma Indian Pueblos, I would water projects than we did—and there It has been a very exceptional year of like to clarify today that it has been again it is a question of working with many floods with many of the levies my intention, as verified in the de- both bodies—add up the water, non- being torn down, and much work hav- tailed project description, to include defense, energy, research and the de- ing to be done, especially in the south- these Indian Pueblos as possible bene- fense part, and it is about $1.8 billion ern part of America regarding flood ficiaries of available water supplies below what the President of the United damage. Much of that is in this bill— from the Mount Taylor mine or its en- States requested. and an orderly manner of authorizing virons. Madam President, again, let me give the Corps of Engineers to get on with Like other water users in the Mount a little recap on the bill and then yield some of it. They will be rather busy. Taylor area where water is scarce, any to my friend Senator REID. Madam They have received authority to start a new and potable water resource would President, on July 17, the Senate number of new projects. be most welcome. The Laguana and passed its version of the Energy and But I am hopeful that in the final Acoma Pueblos are east of Mount Tay- Water Development Act by 99 to 0. analysis the President will sign this lor, Gallup is to the west, and the pri- Since that time, the House passed its bill, and that the U.S. Senate will over- vate mine that is the focus of the study own version of the bill, and last week, whelmingly support it. is on the western slope of Mount Tay- as implicit in my remarks, conferees I yield the floor. lor. The Canoncito Band of Navajo In- for the two bodies met to work out dif- Mr. MCCAIN addressed the Chair. dians are also to the east of Mount ferences, and there were many that The PRESIDING OFFICER. The Sen- Taylor, new Laguna Pueblo. The fea- dealt with many millions of dollars. ator from Arizona. Mr. MCCAIN. It is my understanding sibility of providing Mount Taylor The bill started off quite differently. that, under the unanimous-consent The Senate bill had $810 million over water to these Indian Tribes is in- agreement, I have 10 minutes. cluded in the details of the planned the House bill on defense matters. On The PRESIDING OFFICER. The BOR study. the nondefense side, though, the alloca- Senator is correct. As stated in the project study de- tions were very similar. The House had Mr. MCCAIN. Madam President, the scription, ‘‘Some potential exists for proposed spending approximately $300 Senate will shortly vote to adopt the the Mt. Taylor pipeline project to be million less on the Department of En- conference agreement on the fiscal integrated into a regional water supply ergy nondefense programs and about year 1998 energy/water appropriations network along the Interstate 40 cor- $300 million more on water projects. It bill. And unfortunately, this bill is ridor.’’ Depending on the findings of is obvious that those are extremely laden with pork-barrel spending, much this study ‘‘to verify the quantity, large differences. The full committee of of which was considered by neither the quality, and expected life of the water appropriations decided that the alloca- House nor the Senate as part of the source,’’ there are many potential tion that the House received on the en- normal appropriations process. beneficiaries. It is my intention, as tire bill was too low. Some adjust- I count seven projects for which stated in the project narratives, to do ments were made, both on the defense funds are earmarked in the bill lan- our best to include as many potential and nondefense side, which permitted guage that were not included in the bill water users along this corridor as pos- us to get together and bridge some re- that passed either the Senate or the sible. I thank the Chair for this oppor- maining gaps that were indeed very se- House. Let me list these seven projects tunity to clarify an important section rious. for the benefit of my colleagues who of this bill for these potential water This bill provides what we need for are not members of the Appropriations users from the Mt. Taylor source. stockpile stewardship to maintain the Committee. Madam President, I would like to trustworthiness of our nuclear weap- First, there are three projects ear- thank my friend and colleague from ons, to participate adequately in the marked in the legislative language Nevada for his help on this legislation. builddown, which is extremely tech- agreed to by the conferees for reim- This is Senator REID’s first year as nical and highly scientific, without bursements to non-Federal sponsors of ranking member of the subcommittee building any new weapons, and without work in Texas: September 30, 1997 CONGRESSIONAL RECORD — SENATE S10219 There is $150,000 for the White Oak cies. That process, when followed, non-Federal interests in carrying out water Bayou watershed in Texas. The House makes it possible for all Members of related environmental infrastructure and en- added a line item for this unrequested the Congress, not just those who serve vironmental resources development projects project in its report; the Senate never on the Appropriations Committees, to in Alaska [Senate had provided $10 million in nationwide authority; conferees cut funding considered it. Yet it is now included in have an opportunity to review the leg- half but limited application of section to the conferees’ legislative language. islation on which we must vote. Alaska] There is $500,000 for the Hunting This bill, at least in part, bypassed Appropriates additional $10 million above Bayou element and another $2 million that normal process. Unfortunately, the budget request for Appalachian Regional for the Brays Bayou portion of the the decision of the conferees to bypass Commission (for a total of $170 million) flood control project in Buffalo Bayou, the normal authorization and appro- Earmarks $6.9 million, not in either bill, TX. In its report, the House cut the $1.8 priations process is one of the reasons from Tennessee Valley Authority funds for million requested for this project, the American people do not trust the operation, maintenance, surveillance, and while the Senate included the line item Congress to do what the people desire. improvement of Land Between the Lakes in its report at the requested amount Madam President, I do not mean to Section 507—Increases the appropriations of $1.8 million. Neither body included give the impression that this bill does ceiling for construction of the Chandler an earmark in legislative language, but not provide necessary and appropriate Pumping Plant in Arizona from $4 million to the conferees approved an earmark of funding for important projects that $13 million. $2.5 million which is almost $700,000 will benefit our Nation. Funding is in- Section 508—Revises a 1977 recreation cost- more than the amount requested. cluded for flood control and water sharing agreement between the State of Another legislative earmark ap- projects, nuclear energy and weapons West Virginia and the U.S. to: allow West proved by the conferees is $4 million activities, environmental restoration Virginia to receive credit toward its required for the Army Corps of Engineers to of contaminated properties, and other contribution for the cost of recreation facili- ties at Stonewall Jackson Lake in West Vir- dredge Sardis Lake, MS, so that the important projects that are necessary ginia, which are constructed by a joint ven- city of Sardis may proceed with devel- and valid. The majority of the funding ture of the State of West Virginia and a pri- opment of the lake. The conferees di- recommendations in this bill are ones vate entity; remove the requirement that rected the corps to conduct or pay for that I fully support. these facilities be owned by the Government environmental assessments and impact But I am saddened by the blatant ex- when completed; and prohibit any reduction studies required under the Sardis lake amples of pork-barrel spending in this in Government funding for the project. recreation and tourism master plan, bill. And because this bill is not REPORT LANGUAGE phase II. This provision was in neither amendable in its present form, there is, bill. unfortunately, nothing that I or any [NOTE: States that language in either House or Senate report that is not specifi- The conferees included bill language other Member of this body can do to cally addressed in the conference report re- to earmark $6 million for the Corps of eliminate these spending items. mains the intent of the conferees. Following Engineers to extend navigation chan- Madam President, I ask unanimous list identifies only those earmarks specifi- nels on the Allegheny River to provide consent that a list of objectional provi- cally included in the conferees’ statement of passenger boat access to the sion in this conference agreement be managers.] Kittanning, PA, Riverfront Park. This printed in the RECORD. Army Corps of Engineers project was mentioned in the House re- There being no objection, the list was port, but was not included in either ordered to be printed in the RECORD, as Extensive report language clarifies de- bill. follows: tailed instructions of conferees for expendi- ture of Army Corps of Engineers projects Another earmark that migrated from OBJECTIONABLE PROVISIONS IN H.R. 2203, added in the tables on pages 40–68 of the re- the House report to the conference bill CONFERENCE AGREEMENT port. For example: language is $2.5 million of corps’ oper- BILL LANGUAGE $200,000 earmarked ‘‘to accelerate work on ations funds to intercept and dispose of Earmarks funds for 15 specific projects, in- the feasibility study for the development of solid waste upstream of Lake Cum- cluding feasibility studies, from general in- a comprehensive basin management plan for berland, KY. vestigations account of Army Corps of Engi- navigation, including recreational naviga- Another earmark that moved from neers, including 2 projects not in either bill tion, environmental restoration, and water Senate report language to the con- [$500,000 to reimburse the non-Federal spon- quality for the Dog River, Alabama, water- ference bill language is $6.9 million sor of the Hunting Bayou element of the shed’’ flood control project in Buffalo Bayou, from Tennessee Valley Authority funds $200,000 earmarked ‘‘to modify the Lower Texas; and $150,000 to reimburse the non-Fed- West Branch Susquehanna River Basin Envi- for operation, maintenance, surveil- eral sponsor of the flood control project in ronmental Restoration, Pennsylvania, recon- lance, and improvement of Land Be- the White Oak Bayou watershed in Texas] naissance study to address the wide range of tween the Lakes. Earmarks funds for 40 specific projects complex water resources problems in the These seven provisions, earmarking from Army Corps of Engineers construction large study area which includes Clinton, account, including 1 project not in either bill over $32 million for these specific Northumberland, Lycoming, Sullivan, Tioga, [$2 million to reimburse the non-Federal projects, were added to the bill lan- and Union Counties, Pennsylvania’’ sponsor of the flood control project in the guage in conference. I don’t know why ‘‘$2,000,000 for the development of strate- the conferees chose to add emphasis to Brays Bayou portion of the Buffalo Bayou, Texas] gies for the control of zebra mussels’’ these provisions by including them as Earmarks funds from Army Corps of Engi- Includes directive and support language earmarks in the bill language, instead neers flood control funding for 3 specific which falls short of earmarking funds, such of including them, as is the normal projects, including 1 project not in either bill as: process, in the report language if they [up to $4 million to dredge Sardis Lake, Mis- ‘‘[T]he conferees expect the Corps of Engi- were approved by the conferees. Only sissippi, so that the City of Sardis may pro- neers to give priority to projects that pro- the conferees could explain that deci- ceed with development of the lake, including tect the environmental, historic, and cul- direction to pay for environmental assess- sion. tural resources of SMITH Island, Maryland However, Madam President, in at ments and impact studies required under the and Virginia.’’ Sardis Lake Recreation and Tourism Master least one instance, it is clear that the Plan, Phase II] ‘‘The attention of the Corps of Engineers is conferees chose to add a wholly new Earmarks funds for 9 projects from Army directed to the following projects in need of provision to this bill. And they did this Corps of Engineers operation and mainte- maintenance of review: Alabama-Coosa behind closed doors, without benefit of nance account, including 2 projects not in ei- River navigation system; Brunswick Harbor, public or full congressional review. ther bill [$6 million for navigation channels Georgia; and Little and Murrells Inlet in Madam President, the Congress has a on the Allegheny River to provide passenger South Carolina.’’ process for considering legislation. boat access to the Kittanning, Pennsylvania, ‘‘Not later than 30 days after the date of That process relies on full and open Riverfront Park; and $2.5 million to inter- enactment of this Act, the Secretary of the cept and dispose of solid waste upstream of Army . . . is urged to make a final decision consideration of the President’s budget Lake Cumberland, Kentucky] with respect to permits . . . for the replace- and policy requests, as well as fair and Section 101—Earmarks $5 million for the ment of the existing 350-foot wood dock with open consideration of Members’ re- Army Corps of Engineers to provide plan- a 400-foot concrete extension of the existing quests for added funding or new poli- ning, design, and construction assistance to Terminal 5 dock (including associated S10220 CONGRESSIONAL RECORD — SENATE September 30, 1997 dredging and filling) in the West Waterway structural biology research to ascertain the which were in neither bill, along with of the Duwamish River in Seattle, Washing- effects on levels ranging from cells to whole the usual unnecessary and wasteful ton. The Secretary shall not reject that ap- organisms that arise from low-dose-rate ex- projects. I think it is an abrogation of plication on the basis of any claim of Indian posures to energy and defense-related insults my ability as a U.S. Senator to vote for treaty rights, but shall leave any question (such as radiation and chemicals)’’, and di- with respect to such rights to be determined rects the Department to ‘‘develop a multi- these projects, and I deeply resent it. in the course of judicial review of his ac- year program plan, including budgets, for I yield the floor. tion. . . .’’ the subsequent ten years’’ Mr. REID addressed the Chair. Bureau of Reclamation $4 million to upgrade a nuclear radiation The PRESIDING OFFICER. The Sen- center to accommodate boron neutron cap- Extensive report language clarifies de- ator from Nevada. ture therapy at University of California- tailed instructions of conferees for expendi- Mr. REID. Madam President, my Davis ture of Bureau of Reclamation funds added $7.5 million for design, planning, and con- good friend from Arizona, the neighbor in the tables on pages 74–79 of the report. For struction of an expansion of the Medical Uni- to the State of Nevada, pointed out example: versity of South Carolina’s cancer research seven projects which he objected to. $1 million to complete the in-situ copper center, to provide areas for utilization of These are all in the House budget. mining project, and $300,000 for Bureau over- positron emission tomography, using meta- sight and technology transfer associated But I would say to the Senate, and bolic bio-markers, a ribozyme-based gene with the project anyone who is in the sound of my therapy $1.5 million for completion of design and voice, that these are seven projects out initiation of construction of the fish screen $2 million for Englewood Hospital in New of hundreds and hundreds of projects. Jersey for breast cancer treatment using at the Contra Costa Canal intake at Rock He complains that this bill is a $21 bil- Slough in California; $5 million for a fish condensed diagnostic process $10 million for the Northeast Regional Can- lion bill. And we should waste no Gov- screen project in Reclamation District 108; ernment money—not a single penny. $2.625 million for a fish screen project at Rec- cer Institute for innovative research sup- lamation District 1004; and $2.5 million for porting the Department’s exploration of mi- But I have to say that in picking seven fish screen projects in Princeton-Glenn– crobial genetics relatively small projects out of a $21 Codora and Provident Irrigation Districts $2.5 million for design, planning and con- billion bill I think the Senator from $300,000 for Bureau of Reclamation to work struction of a science and engineering center New Mexico and I in managing this bill with local interests to identify the most ef- at Highlands University in Las Vegas, New did a pretty good job. This bill provides fective voluntary water conservation prac- Mexico many different things. tices applicable to the Walker River Basin in $30 million add-on for infrastructure and equipment needs at the national laboratories I would also say before leaving that Nevada, and to quantify the contribution subject that the Senator from Arizona, that voluntary conservation can make to and Nevada test site solving the water resources problems in $10 million for the American Textile Part- my good friend, also talks about things Walker Lake and the basin as a whole nership (AMTEX) being done without authorization. The $1.45 million under fish and wildlife man- $10 million for the Swan Lake-Lake House is very, very tough on making agement and development for the Bureau of TyeeIntertie project of the Alaska Power Ad- sure that things are authorized. Con- Reclamation to undertake Central Arizona ministration gressman MCDADE, chairman of the Project fish and wildlife activities Includes directive and support language subcommittee on the House side, has which falls short of earmarking funds, such Department of Energy been very strict on that. However, I as: Extensive report language clarifies de- Conferees ‘‘support the peer-reviewed nu- want to make sure that everyone un- tailed instructions of conferees for expendi- clear medicine research program in biologi- derstands that this bill provides a num- ture of Department of Energy funds. For ex- cal imaging at the University of California ber of dollars for many different ample: Los Angeles and strongly encourage the De- projects. $1.5 million of the funding for photovoltaic partment to fully fund that research in fiscal Let’s take, for example—I will not energy systems is ‘‘directed to university re- year 1998’’ take any of the things in Nevada for search to increase university participation Conferees ‘‘recognize the capability and in this program and to fun the acquisition of obvious reasons. But let’s take the sis- availability of resources at the University of ter State of California: $6 million to photovoltaic test equipment at the partici- Nevada-Las Vegas to store data and sci- pating institutions’’ entific studies related to Yucca Mountain dredge and deepen Long Beach Harbor. Directed allocation of biomass/biofuels and encourage the Department to maximize This deepening will significantly im- funding, including: $150,000 for gridley rice utilization of this resource’’ prove sea trade up and down the west straw project, ‘‘27 million for ethanol pro- Tennessee Valley Authority: coast, and in the Asia-Pacific basin. It duction, including $4 million for the biomass will even reduce the transportation Directs TVA to relocate power lines in the ethanol plant in Jennings, Louisiana; and costs of oil that is being brought down $2.5 million for the Consortium for Plant area of the lake development proposed by Biotechnology Research Union County, Mississippi, and assist in from Alaska. That is one example for $1 million for a research and development preparation of environmental impact state- $6 million. partnership to manufacture electric trans- ments, where necessary The bill also provides $10 million to mission lines using aluminum matrix com- Mr. McCAIN. Of course, this con- restore the sensitive Everglades eco- posite materials ference agreement contains other ob- system which has been damaged for Direction to ‘‘include appropriate labora- jectionable provisions in the bill, as decades by agricultural production. tories, industry groups, and universities’’ in well as the usual earmarks in the re- Those are only two examples. There the $7 million university reactor fuel assist- ance and support program; the conferees port language. are numerous flood control projects state, ‘‘None of the funds are to be provided Madam President, I plan to write to throughout the country that will pre- to industry and no less than $5 million is to the President recommending that he vent significant personal and economic be made available to universities participat- veto the line items in this bill that are loss. ing in this program.’’ unnecessary and wasteful, particularly This is of particular importance in Direction to ‘‘assess the cost of decommis- those that were added without benefit light of El Nino which may bring un- sioning the Southwest Experimental Fast of public or congressional review. usually heavy rains, as it already has Oxide Reactor site in Arkansas’’ and provide Madam President, I want to tell the to the western part of the United a report to Congress States. Earmark of $3 million for a ‘‘rigorous, distinguished managers of the bill peer-reviewed research program that will again of my deep disappointment that These floods projects are important. apply the molecular level knowledge gained they would add seven projects in con- It is a relatively small part of the bill. from the Department’s human genome and ference that totals $32 million and But they are important projects. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10221 Madam President, the Corps of Engi- I am proud of the fact that it is in this and contracts let, it is important that neers is one of the last great bastions legislation. the Corps honor the preliminary of infrastructure development in this I would like to also point out another groundwork laid by DOE in order to country. You can just take the bill it- California project called the California avoid any further delays. Will the self and look at some of the flood con- Bay-Delta ecosystem restoration Corps be willing to respect these stud- trol projects. You can look at them in project. ies, site plans, and contracts? Arkansas at a place called American I say this because this is one of the Mr. DOMENICI. The committee fully River Watershed; in Colorado, at a first times in the history of this coun- intends that the feasibility studies and place called Alamosa; you can look at try that parties with dissimilar and the site recommendations prepared by Florida and many different places, in- often opposing interests have sat down DOE will be accepted and carried out cluding the Everglades that we have al- and are working together for an equi- by the Corps of Engineers as appro- ready talked about; Hawaii, at a place table resolution to a significant prob- priate. Furthermore, the Energy and called Wailupe Stream; in Illinois, lem in the State of California dealing Water Development Conference for fis- Reno Lake; Indiana, the Fort Wayne with water. cal year 1998 contains language requir- metropolitan area; you can talk about I think this very big project—for ing the Corps to honor all existing con- Kansas, Kentucky, Louisiana. All which there is a lot of money in this tracts. through this country there are flood bill to get this started—is going to set Mr. BOND. The local community has control projects that are going to save the pattern all over the country. Now been very involved in designing a plan lives and property. That is one of the parties with dissimilar interests have to clean up the site. They are con- main parts of this bill. to sit down and work toward a common cerned that the administration of the I am somewhat concerned that some- goal as they have done. cleanup will be moved away from the one would indicate that this bill is I am very proud of this bill. I think St. Louis area to Omaha or Kansas fluffed. It is far from that, Madam we have done a good job. We have done City, reducing their input and influ- President. a good job in making sure that we have ence on the cleanup process. When the I would like at this time to make not only done the projects that the Army Corps of Engineers takes over sure that the RECORD is spread with the Senator from New Mexico and I have the FUSRAP program, will the St. fact that this is a bill that has reached talked about but also, Madam Presi- Louis cleanup be managed out of the the Senate floor as a result of biparti- dent, we have done a good job in mak- St. Louis Corps office? sanship. The chairman of the sub- ing sure that our nuclear deterrent is Mr. DOMENICI. It is the understand- committee, the senior Senator from safe and reliable. ing and intent of the committee that New Mexico, and I worked hand in When I was in the House of Rep- the cleanup and restoration of con- glove this past 10 months to arrive at resentatives, I supported a nuclear taminated sites falling within the pur- the point where we are now asking the freeze. I support the Comprehensive view of FUSRAP shall be managed and Senate to approve this conference re- Test Ban Treaty. And I do it with so executed by the nearest Civil Works port. much more anticipation now because of District of the Corps of Engineers with So I want to extend my appreciation what we have in this bill because we appropriate assistance from an ap- to the Senator from New Mexico, and have enough money to provide for proved design center for hazardous, also extend my appreciation to my stockpile stewardship so that the peo- toxic, and radioactive waste. Local clerk, Greg Daines, and Liz Blevins on ple who we are going to call upon to communities throughout the country the minority side for the work that certify that our stockpile is safe and have been very involved in designing they have done day after day, week reliable can do it. cleanup plans at FUSRAP sites and after week, month after month, arriv- So, in short, this is a good bill. And this strategy effectively maintains ing at this point. I hope that it passes the Senate as it community input on the process. I also say publicly that Alex Flint, did on the initial go-around unani- Mr. BOND. I thank the chairman for David Gwaltney, and Lashawnda mously. his assistance and assurances. Leftwich on the majority side, have set Mr. BOND. Madam President, St. Mr. THOMPSON. Madam President, I an example of how congressional staffs Louis, MO, is the location of this coun- intend to support final passage of H.R. should work together to arrive at a try’s first nuclear weapons site. Unfor- 2203, the fiscal year 1998 energy and goal that is good for this country. tunately, the wastes are in the midst of water development appropriations con- Madam President, this bill has, as the St. Louis metropolitan area and ference report, because it includes the Senator from New Mexico pointed are for the most part uncontrolled. The funding for a number of projects impor- out, many different items dealing with radioactive waste at these sites was tant to Tennessee, including the Na- the sciences. For example, one of the generated from the production of nu- tional Spallation Neutron Source in things that I am extremely happy clear weapons as part of the Federal Oak Ridge. about is that we have provided money Government’s Manhattan Project and However, I want to express my deep for desalinization. Personally I don’t Atomic Energy Commission between concern about the section of the con- think it is nearly enough because I 1942 and 1957. Much to my dismay, St. ference report dealing with the Ten- think in the years to come desaliniza- Louis has the distinction of having the nessee Valley Authority [TVA]. The tion is going to be the watchword for largest volume of radioactive waste in conference report includes $70 million not only water in this country but all the country with over 900,000 cubic for TVA’s nonpower programs in fiscal over the world. We need to do much yards. year 1998, which is $36 million less than more than what we have done. For 15 years we have worked with the TVA received to perform these func- Senator Paul Simon, the Senator, Department of Energy to clean up this tions last year. However, the House just retired, from Illinois, is writing a site. Finally, in just the past 2 weeks, version of the bill had zeroed out fund- book on water. I had the good fortune after much frustration and delay, we ing for TVA, so I am grateful that the to read the book before it went to the have come to the point were DOE has conferees provided most of the Senate- publisher. It is a wonderful book. He begun preliminary cleanup efforts. passed level of $86 million for next points out how important desaliniza- Given this recent progress, the news of year. tion is. And I acknowledge that and the FUSRAP program’s transfer out of Unfortunately, the conferees also agree with him. There is desalinization DOE has, quite understandably, caused stipulated that this will be the last in this bill that I think is very impor- a great deal of distress in the commu- year that they will provide funding for tant. nity. While I am by no means question- TVA to carry out its nonpower activi- We have done things with hydrogen ing the Corps’ ability to handle the ties. They warned that, beginning next fuel development. We have done things FUSRAP project, I am concerned that year, these nonpower responsibilities with the other renewable programs— potential delays caused by the transfer will either have to be transferred to solar; and programs that are going to will undo much of the recent progress. some other Federal agency or paid for take the place someday of fossil fuel. It With site recommendations already with revenues from TVA’s self-financ- is not enough certainly in this bill, but made, feasibility studies concluded, ing power program. S10222 CONGRESSIONAL RECORD — SENATE September 30, 1997 Mr. President, I want to be sure ev- Mr. DOMENICI. Have the yeas and VOTE ON AMENDMENTS NOS. 1267, 1268, 1269, EN eryone understands what we are talk- nays been ordered? BLOC ing about when we discuss TVA’s The PRESIDING OFFICER. They The PRESIDING OFFICER. Under nonpower programs. We are talking have not. the previous order, the Senate will now about flood control and navigation on Mr. DOMENICI. I ask for the yeas vote en bloc on amendments Nos. 1267, the Tennessee River, our Nation’s fifth- and nays. 1268, 1269, offered by the Senator from largest river system. We are talking The PRESIDING OFFICER. Is there a West Virginia [Mr. BYRD]. about the operation and maintenance sufficient second? The yeas and nays have been ordered. of 14 navigational locks and 54 dams— There is a sufficient second. The clerk will call the roll. to which the TVA power system con- The yeas and nays were ordered. The legislative clerk called the roll. Mr. MCCAIN (when his name was tributes its proportionate share of The PRESIDING OFFICER. The called). Present. funding. And we are talking about the question is on agreeing to the con- Mr. FORD. I announce that the Sen- management of 480,000 acres of rec- ference report. On this question, the ator from Delaware [Mr. BIDEN] and the reational lakes, nearly 11,000 miles of yeas and nays have been ordered, and Senator from Louisiana [Ms. shoreline, and 435,000 acres of public the clerk will call the roll. LANDRIEU] are necessarily absent. land—including such unique national The legislative clerk called the roll. I also announce that the Senator resources as the Land Between the Mr. FORD. I announce that the Sen- from Vermont [Mr. LEAHY] is absent Lakes National Recreation Area in ator from Vermont [Mr. LEAHY] is ab- due to a death in the family. Tennessee and Kentucky. sent due to a death in the family. The result was announced, yeas 69, During the debate on this legislation, The result was announced—yeas 99, nays 27, as follows: some have claimed that the residents nays 0, as follows: The result was announced—yeas 69, of the seven-State TVA region are re- [Rollcall Vote No. 262 Leg.] nays 27, as follows: ceiving an unfair Federal subsidy that YEAS—99 {Rollcall Vote No. 263 Leg.} no one else in the country receives. Abraham Faircloth Lott YEAS—69 Madam President, that is simply not Akaka Feingold Lugar Abraham Ford McConnell true. In every other region of the coun- Allard Feinstein Mack Akaka Frist Mikulski try, these types of natural resource and Ashcroft Ford McCain Baucus Glenn Moseley-Braun infrastructure management activities Baucus Frist McConnell Bennett Graham Moynihan Bennett Glenn Mikulski Bingaman Grams Murkowski are performed by some Federal agency, Biden Gorton Moseley-Braun Bond Gregg Murray whether it is the Army Corps of Engi- Bingaman Graham Moynihan Breaux Hagel Nickles neers, the National Park Service, the Bond Gramm Murkowski Brownback Harkin Reed Boxer Grams Murray National Forest Service, or the Bureau Bumpers Hatch Roberts Breaux Grassley Nickles Byrd Helms Rockefeller of Reclamation. In the southeast re- Brownback Gregg Reed Cleland Hollings Roth gion, they have traditionally been car- Bryan Hagel Reid Coats Hutchinson Sarbanes ried out by the TVA. But if the TVA Bumpers Harkin Robb Conrad Hutchison Shelby Burns Hatch Roberts Coverdell Inouye Smith (OR) does not perform them next year, Byrd Helms Rockefeller D’Amato Jeffords Snowe someone else will have to. There is no Campbell Hollings Roth Daschle Johnson Specter question that these are Federal respon- Chafee Hutchinson Santorum DeWine Kennedy Stevens Cleland Hutchison Sarbanes sibilities. Dodd Kerrey Thompson Coats Inhofe Sessions Dorgan Kerry Thurmond Perhaps the most disturbing sugges- Cochran Inouye Shelby Durbin Lautenberg Torricelli tion that has been made in recent Collins Jeffords Smith (NH) Enzi Lieberman Warner weeks is that the TVA power program Conrad Johnson Smith (OR) Faircloth Lott Wellstone Coverdell Kempthorne Snowe Feinstein Lugar Wyden should pick up the cost of these Fed- Craig Kennedy Specter eral land and water stewardship re- D’Amato Kerrey Stevens NAYS—27 sponsibilities. That is nothing less Daschle Kerry Thomas Allard Craig Kyl than an unfair tax on TVA ratepayers. DeWine Kohl Thompson Ashcroft Domenici Levin Dodd Kyl Thurmond Boxer Feingold Mack As I said before, these are Federal re- Domenici Landrieu Torricelli Bryan Gorton Reid sponsibilities that are paid for by the Dorgan Lautenberg Warner Burns Gramm Robb Federal Government in every other re- Durbin Levin Wellstone Campbell Grassley Santorum Enzi Lieberman Wyden gion of the country. Nowhere else are Chafee Inhofe Sessions NOT VOTING—1 Cochran Kempthorne Smith (NH) utility ratepayers expected to assume Collins Kohl Thomas the costs of these types of Federal re- ANSWERED ‘‘PRESENT’’—1 sponsibilities by paying more for their Leahy electricity. The conference report was agreed to. McCain So while I appreciate the fact that Mr. DOMENICI. Madam President, I NOT VOTING—3 the conferees agreed to provide funding move to reconsider the vote. Biden Landrieu Leahy for TVA to meet its Federal obliga- Mr. GRAMM. I move to lay that mo- The amendments (Nos. 1267, 1268, tions this year, I am very concerned tion on the table. 1269), en bloc, were agreed to. about what they have proposed for the The motion to lay on the table was Mr. STEVENS. Madam President, I future. And I want to be clear about agreed to. move to reconsider the vote by which one thing: it is not acceptable for Con- Mr. DOMENICI. Madam President, I the amendments were agreed to, and I gress to walk away from its Federal re- suggest the absence of a quorum. move to lay that motion on the table. sponsibilities in one region of the coun- The PRESIDING OFFICER. The The motion to lay on the table was try while continuing to provide for clerk will call the roll. agreed to. them everywhere else. Over the course The legislative clerk proceeded to Mr. STEVENS. I suggest the absence of the coming year, I plan to work very call the roll. of a quorum. hard with my colleagues to come up Mr. FAIRCLOTH. Madam President, The PRESIDING OFFICER. The with a solution that is fair and equi- I ask unanimous consent that the order clerk will call the roll. table for the people of the Tennessee for the quorum call be rescinded. The legislative clerk proceeded to Valley. The PRESIDING OFFICER. Without call the roll. Mr. DOMENICI. Madam President, objection, it is so ordered. Mr. LOTT. Madam President, I ask we yield back any time we have re- unanimous consent that the order for maining on the bill. f the quorum call be rescinded. Mr. REID. I yield back any time the The PRESIDING OFFICER. Without minority has. DISTRICT OF COLUMBIA objection, it is so ordered. The PRESIDING OFFICER. The APPROPRIATIONS ACT, 1998 AMENDMENT NO. 1250 question is on agreeing to the con- The Senate continued with the con- Mr. LOTT. Madam President, I be- ference report. sideration of the bill. lieve the Senator from Oregon would September 30, 1997 CONGRESSIONAL RECORD — SENATE S10223 like to now move to the consideration I yield to the majority leader. So, I will continue to move in the di- of his amendment. We have an agree- Mr. LOTT. Madam President, first rection, I think, that the Senator is ment there will be up to 20 minutes of and foremost, I want to apologize to seeking. I want a clearer understanding debate on that amendment and we will the Senator from Oregon for not being and I like doing things in the daylight, engage in a colloquy. able to respond last week to his request not in the dark of night. I don’t like se- I am glad to yield the floor so the that we engage in a colloquy regarding crecy generally on anything, as a mat- Senator from Oregon can carry this his amendment which is pending to the ter of fact. I like sunshine. out. D.C. appropriations bill. He was gener- But it is a problem for the majority Mr. WYDEN. Madam President, the ous enough to be understanding that leader and for the Senate to make this Wyden-Grassley amendment is before we had a number of other issues we kind of change on the D.C. appropria- the Senate at this time? were dealing with late last week, in- tions bill. I think to change the stand- The PRESIDING OFFICER. That is cluding the campaign finance reform ing orders of the Senate in this way is correct. issue, as well as a number of other is- something that is troublesome to some Mr. WYDEN. Madam President, I will sues that are very pressing at the end Senators. be very brief. I also want to thank the of the fiscal year with the appropria- For instance, I have not had an op- majority leader for his courtesy. tions bills. So I am glad he was willing portunity yet to sit down and talk with This amendment involves one of the to allow us to do the colloquy now in- the minority leader about this. I had most awesome powers that a Member stead of last week. I appreciate his at- thought that the better place to do this of the U.S. Senate has. That is the titude on that. would be at the beginning of a session power to effectively block the consider- I think also I should note that he has when we meet, between the two leaders ation of a bill or nomination in secret. been talking with me over the past of the two parties, and we have knowl- Now, it is a power that I think many year and 4 months that I have been ma- edge and input from both sides of the Americans are concerned about. I have jority leader about his concerns in this aisle and that you do it at the begin- made it very clear that I am not seek- area. I appreciate the fact that you ning of a Congress when you have the ing to abolish the right of a Senator to noted, Senator, I have tried to be more organization of the Senate. I think put a hold on a measure or matter. But open and more communicative with that path would have been much pref- I do think that if an important health Senators about the procedures around erable or is preferable to this approach. or environmental matter comes before here, trying to open up, trying to make I assume that the minority leader the Senate, as the Kennedy–Kassebaum them clearer and more understandable. has some reservations of the use of any measure did in the last Congress, in- As a matter of fact, I sent out a long Senator to effect the so-called standing volving health care for millions of letter clarifying to Members what is orders with an amendment on an ap- Americans, that there ought to be pub- the process and what is the proper way propriations bill. lic disclosure, that there ought to be to exercise a hold. I did feel that it had So I say to my colleague, then, that sunshine. sort of evolved into a situation that I understand what he is trying to do The majority leader, in my view, has was not fair and was not intended. and I am not unsympathetic to that, made a number of constructive propos- I continue and want to continue but I do have problems with doing it in als in the past with respect to this pro- working to have a fair system around this way on an appropriations bill. cedure. I am particularly pleased that here and one that everybody under- I will continue to listen to all Sen- he sought in the beginning of this year, stands. I am sure the Senator also has ators. I will sit down. This has caused January 27, to limit Members from put- learned to appreciate, as a Senator, the me to find a time—and I am not com- ting holds on blocks of legislation, in importance and the significance of the plaining—to sit down and make sure effect, blocking a whole package of leg- hold. It is a unique creature in the Sen- that senior Senators understand what islation, from coming before the Sen- ate and it is one that is used, I think we might be thinking of doing. Are ate. But we still have not been able to reasonably and responsibly most all of there problems with it? I don’t know change the Senate rules to bring some the time, and can serve very positive that there will be. I really think that sunshine in, to make sure that the purposes. any Senator who feels strongly enough American people can hold each one of For instance, I believe you noted in about an issue to put a hold on it ought us accountable. your comments that you used it ear- to be prepared to come to the floor and There have been reports that when lier, or last month, with regard to the explain it. I have indicated to Senators the Senate passes the Wyden-Grassley confirmation of the Chairman of the on both sides of the aisle, sometimes legislation to have public disclosure of Joint Chiefs of Staff to get an issue ad- when holds have been placed and have holds in the U.S. Senate, this is just dressed that was important to you. You not been removed in a reasonable pe- going to die in conference and it will didn’t do it secretly. You were pretty riod of time that they better be pre- just vanish in the vapor in secret. It is open about your hold. It led to some pared to come to the floor and object especially ironic that an effort to accommodations that I believe will be and debate because I was prepared to eliminate secrecy in the exercise of helpful to the families there in Oregon call up the issue. awesome powers of the U.S. Senate, and satisfied the Senator. However, I also feel a real apprecia- that would somehow take place again We want to be careful how we change tion for the way the Senate is consid- in secret, but I am concerned that may things around here. When you come erate of every single Senator—if she or happen. In fact, there is a report today over from the House to the Senate you he has a problem, I like to give them in Roll Call, a Capitol Hill publication, really have a lot of questions about time to work through it, whether they that raises concern in my mind. how this place operates: What are the are Republican or Democrat, regardless I briefly would like to engage the ma- rules? This seems like an archaic way of philosophy, religion, or anything jority leader in a colloquy on this to do things. Then you begin to under- else. Sometimes there may be a good point. He and I have been talking about stand it better, then you begin to think reason why they would not want, in a it for about a year and a half now, I to yourself, no, I don’t want the Senate specified period of time, 2 days, for in- think. As I said, I believe the majority to be the House. You begin to appre- stance, to explain all of what is going leader has made a number of construc- ciate the traditions and the rules and on. tive changes already with respect to the procedures around here. You have I guess that is a long explanation to the hold procedure. I would like to an opportunity to talk to Senator the Senator’s comments and questions, have his thoughts at this time with re- BYRD, as the Senator from Oregon has, but I understand what he is trying to spect to his views on public disclosure or in my case, to Senator STEVENS or do. I hope we can find a way to con- of holds, and specifically whether it Senator HELMS. If you go to them and tinue to work on it and come to a con- will be possible on a bipartisan basis to say, why is this important? Why has it clusion that would benefit the Senate work out this change and ensure that been done that way? Then you begin to as a whole. there is real accountability with the have a whole different view about the Mr. WYDEN. If the majority leader American people for important actions institution and the tradition and how can spend another minute—these are taken by Senators. things are done. thoughtful points that you raise, and I S10224 CONGRESSIONAL RECORD — SENATE September 30, 1997 appreciate the courtesy—the reason for I think that ought to tell everybody I urge my colleagues to continue to acting now is this is the season when else that they can likewise do whatever work toward reform that makes Con- senior Members say that the abuses are they need to do in the Senate to ade- gress more open and straightforward in greatest. At the end of a session when quately represent the interests of their how we do the people’s business. I there is a rush to complete the busi- constituents through the use of a hold thank you for your consideration. ness is when this practice which, as the and freely tell everybody, and the end Mr. WYDEN. Mr. President, I ask majority leader points out, is a long result can still be accomplished with- unanimous consent to speak for an ad- tradition, that is when this practice is out anybody being hurt as a result of ditional 10 minutes. abused. I think the majority leader it. I hope that we will now institu- The PRESIDING OFFICER. Without makes a very good point with respect tionalize what I have found to be a objection, it is so ordered. to the need for courtesy and respect for very effective way of doing the job of Mr. WYDEN. Thank you. Mr. Presi- traditions. U.S. Senator and, yet, at the same dent, I want to especially thank my I see our friend, Senator GRASSLEY, is time, being open and aboveboard about colleague, Senator GRASSLEY, for a fine here. This is a bipartisan amendment. it. statement and for all his help. He has We share the majority leader’s view This amendment requires simply dis- long been recognized as one of the most with respect to this tradition. We are closure by Senators of the holds that honest, up-front Members of the U.S. not seeking to eliminate the hold, they place on legislation. As we all Senate. I want to tell him that it is a seeking to eliminate the filibuster, know, the current Senate practice al- special pleasure to be able to work seeking the right of Senators to work lows Senators to block consideration of with him. matters out. What we are concerned any measure without disclosing their Mr. President, certainly, if you walk about is secrecy. At a time when the actions just by notifying Senate lead- down the main streets of this country American people are so skeptical about ers of their objection. Our amendment and ask our citizens what a hold is in our Government, when they go to hear- does not stop this practice. Rather, we the U.S. Senate, you are certainly not ings and day after day look at prac- seek to put an end to the secrecy sur- going to find many Americans who are tices that they question, when they rounding the practice. If any Senator familiar with this practice. But the look at the U.S. Senate and see these objects to legislation, that Senator fact of the matter is, this is an awe- procedures that are secret, it smacks of should have the courage and conviction some, awesome power exercised by a a backroom deal. to express openly the reasons for oppo- Member of the U.S. Senate. The power I think the majority leader is right, sition. It is critical to preserve the to put a hold on a bill or a nomination the Senate is a good institution. It is right of every Senator to represent the is the power to singlehandedly, effec- not going to suffer if a bit of sunlight views of his constituents, but we can- tively block the consideration of a bill comes in. This is an institution strong not fully earn the trust of our constitu- or nomination from coming to the floor enough to have a bit of sunlight and to ents if we do not shed the brightest of the U.S. Senate. have Members held accountable. I don’t possible light on what we do here in All Senator GRASSLEY and I are ask- want to disrupt the tradition of the the people’s assembly. Senate, but if an important health or It is important for the Senators to ing tonight is that when a Member of environmental measure or other im- remember that their right to place the U.S. Senate exercises this extraor- portant issue is held up for months on holds on initiatives about which they dinary power, that it be publicly dis- end because a Senator genuinely ob- have objection, then, is very much pre- closed. All we are asking is for an end jects, then it is not just a matter of served in the tradition of the Senate, to the secrecy. courtesy, it is a matter of being ac- but everything is out in the open. The My constituents look at the U.S. countable to the American people. only thing untraditional about it is, if Senate sometimes and raise questions I will interpret the majority leader’s you want to hold up legislation, you about how business is done here and, response to this colloquy as willing to should state your reason in the RECORD frankly, have some suspicions about work with the Wyden-Grassley effort, and let people know. All we are requir- the way the Senate conducts business. and I appreciate the fact that it is ing is that Senators make their objec- Sometimes I think they suspect that going to pass today. I know the major- tions known in one of two ways—either the procedures around here are a little ity leader has other matters that he stating their objections on the floor, or bit like an elegant game of three-card has to attend to. I want to thank him publishing their objections in the monte. Now, my own hope is that with for his colloquy and look forward to CONGRESSIONAL RECORD within 48 hours the passage of this amendment tonight working with him. in the U.S. Senate, and by making pub- I yield the time now to the Senator of placing such a hold. It is a simple amendment that sends lic the exercise of this extraordinary from Iowa, Senator GRASSLEY. a very powerful message that the U.S. power by a U.S. Senator, our citizens The PRESIDING OFFICER (Mr. will feel a bit more confidence and a BROWNBACK). The Senator from Iowa. Senate is willing to operate in an open bit more likely to see the Senate as an The PRESIDING OFFICER. The Sen- manner, according to the principles of institution that is open and account- ator from Iowa is recognized. representative democracy. I believe Mr. GRASSLEY. Mr. President, what this amendment can only increase our able. we are proposing in the Wyden-Grass- constituents’ belief that we are willing The majority leader, Senator LOTT, ley amendment is not going to hurt to be open and honest about the legis- is absolutely right about the traditions anybody. Senator WYDEN and I experi- lative process and what our legislative of the Senate and, particularly, mak- mented with this so the other 98 Mem- agenda is. It should help reduce some ing accommodations to work out issues bers of the Senate would not have to be of the cynicism toward the processes of wherever possible. All we are saying is hurt if it didn’t work. Well over a year representative Government here at the that when a Member of the U.S. Senate ago, we voluntarily, on our own, with- Federal level. digs in with all his or her strength to out any instigation from the rules or I thank Senator WYDEN for his work block a bill or a nomination, the Amer- anything or anybody else, we publicly on this amendment and the majority ican people deserve to know the name stated that we were going to follow the leader for accommodating this issue. It of that Senator. This effort does not practice of our amendment, even will go to conference. I would expect eliminate holds, it doesn’t eliminate though we didn’t have to, and when we comity between the House and Senate the filibuster; it eliminates none of the put a hold on a bill or a nomination, we because this is just a Senate issue, and traditions that the majority leader re- would put it in the CONGRESSIONAL that there will not be any objection on ferred to. All it does is say that a Sen- RECORD. We did that. I can speak for the part of the House because of com- ator is going to be straight with the myself and say that there are no ity. In the case of the Senate, since American people when they exercise bruises, there is no harm, there is no this is being adopted by the Senate, I their enormous power to effectively retaliation. Nothing happened as a re- would expect that our Senate conferees block the consideration of a bill or a sult of the whole world knowing why would uphold the amendment and it nomination on the use of the hold pro- Senator GRASSLEY or Senator WYDEN would become a part of the traditional cedure. were holding up a particular action. process. Mr. President, I yield the floor. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10225 The PRESIDING OFFICER. Under Let me illustrate the absurd results requirements, especially the ‘‘union the previous order, the amendment is of this long-term imbalance. One of the work practices’’ provision, drive up agreed to. last additions to the 1991 ISTEA was a construction costs because they pro- The amendment (No. 1250) was agreed 3 billion dollar pot of money to reim- mote inefficiency in many forms. to. burse States for the costs of roads built Davis-Bacon is a needless surcharge, Mr. WYDEN. Mr. President, I suggest before the start of the Interstate sys- just a contribution to union bosses, on the absence of a quorum. tem in 1956. This so-called ‘‘equity cat- these construction projects. The Davis- The PRESIDING OFFICER. The egory’’ benefitted, for the most part, Bacon Act drives up construction costs clerk will call the roll. northeastern Donee States. These are by an average of 15 percent. The Con- The legislative clerk proceeded to the same States that enjoyed a huge gressional Budget Office confirms that call the roll. windfall from the federal highway aid repeal of Davis-Bacon will save the Mr. LOTT. Mr. President, I ask unan- program during the Interstate con- taxpayers billions of dollars. imous consent that the order for the struction era. Mr. President, these Incredibly, the White House proposed quorum call be rescinded. The PRESIDING OFFICER (Mr. roads are more than 40 years old, and to expand Davis-Bacon in its transpor- tation bill. It is no secret, though, that HUTCHINSON). Without objection, it is the construction bonds were paid off so ordered. long ago. The toll booths are still up, Davis-Bacon repeal is essential if we are serious about squeezing every f though, collecting millions of dollars. These States received 3 billion dollars penny out of the federal highway pro- MORNING BUSINESS in ISTEA—for 40-year-old roads—but, gram. It is far better for the taxpayers Mr. LOTT. Mr. President, I ask unan- apparently, that wasn’t enough for to root out these inefficiencies than to imous consent that there be a period them. raise the taxes of the American people. for the transaction of morning busi- The Clinton Administration proposed I know that some people find it hard to ness, with Senators permitted to speak in its NEXTEA that the American tax- imagine that there are alternatives to for up to 5 minutes each. payers continue to funnel their hard- new taxes in order to increase the The PRESIDING OFFICER. Without earned tax dollars to these States. In transportation budget. This Senate objection, it is so ordered. the NEXTEA proposal—its plan for the voted this year for billions of dollars f first post-Interstate highway bill—the for a mission in Bosnia, which was sup- White House proposes not only to re- posed to be over last year, and for hun- SURFACE TRANSPORTATION tain this program, but to increase it to dreds of millions of dollars in new wel- REAUTHORIZATION 6 billion dollars. fare spending. Mr. FAITHCLOTH. Mr. President, I These must have been pretty expen- It is time to cut the waste—not raise want to say a few words about the sur- sive roads. After all, Mr. President, taxes—to fund our transportation pri- face transportation reauthorization de- they have been paid for several times. orities. This is the first authorization bate. North Carolina is the number one First, the drivers paid tolls to pay off bill in the post-Interstate era. It is also donor State. We received just 82 cents the construction bonds, and these the first authorization bill subject to on the dollar for our gas tax contribu- roads were all paid off more than a dec- the constraints of a balanced budget tions to the Highway Trust Fund under ade ago. After the bonds were paid off, plan. This bill brings new challenges. the 1991 ISTEA. In fact, over the 40 though, the States kept collecting And, Mr. President, new obligations. year life of the federal highway aid tolls. Then the federal government sent This bill must be fair to the States program, we have received just 87 cents 3 billion dollars to pay for the roads that subsidized the Interstate system for every dollar that we sent to Wash- again. And the States kept collecting for 40 years. We need to get the most ington. There is no State that received the tolls. for each and every dollar in the trans- a lesser rate of return on its gas taxes Now they want 6 billion dollars to portation budget. We certainly cannot than North Carolina. pay for the roads another time. And afford to squander taxpayer dollars on Mr. President, like other Donor State they will still keep collecting the tolls. outdated rules in order to prop up the Senators, I will not support a reauthor- North Carolina drivers lose 20 cents off power of the labor unions. ization bill that fails to offer the Donor every gas tax dollar to the Donee It’s time to tell the union bosses that States some basic fairness. The Donor States. The Southern States are grow- the good times are over! This is not States accepted this role—and accepted ing fast and have major transportation their transportation bill! North Caro- it graciously—for forty years. The needs. But, not only can’t North Caro- lina needs a transportation bill that Chafee-Warner-Baucus bill is a step in lina drivers get a dollar for dollar re- builds highways, not government bu- the right direction. However, there is turn, we are supposed to pay again and reaucracies. A transportation bill that much work to be done. I served on the again for these 40-year-old roads. It works for the taxpayers, not the labor North Carolina Highway Commission seems just absurd to squander money bosses. Mr. President, if this bill is not and chaired it for four years. We under- like this. It is especially absurd since fair to North Carolina taxpayers, I will stood the national importance of the there is such a limited pool of trans- be forced to filibuster it. interstate system. We were not happy portation funds. f about our Donor State status, Mr. In fact, Mr. President, the transpor- President, but we accepted it. We un- tation budget is so squeezed that we VISIT OF DAVID TRIMBLE OF THE derstood that the interstate system hear all this talk about new ‘‘user NORTHERN IRELAND ULSTER was a national priority. However, the fees’’ for transportation. These are just UNIONIST PARTY interstate system is now almost com- new taxes, of course, just a euphemism Mr. KENNEDY. Mr. President, next plete, and the rationale for Donor and for new ways to take money from the week David Trimble, leader of the Ul- Donee States is gone. taxpayers. The American people are al- ster Unionist Party in Northern Ire- The Donor States are not asking for ready overtaxed. These proposals to land, will begin a visit to the United extra dollars. We’re not asking to be raise taxes just defy common sense. I States where he will meet with many made whole for past subsidies to the find it interesting, however, that I of us on both sides of the aisle in Con- Donee States. We just want an equi- don’t hear much discussion about one gress who are deeply committed to table rate of return on our gas taxes. of the most obvious ways to increase helping achieve a lasting peace in Just a fair return after forty years of the value of our transportation dollars. Northern Ireland. There is perhaps no our subsidies to other States. I believe It will not cost the taxpayers a dime one better placed to make that happen that there is a real role for the federal and will boost the value of some trans- than Mr. Trimble, who leads Northern government in transportation. But it portation dollars by 15 percent. Ireland’s largest party. must be a fair one. Make no mistake The taxpayers’ friends know that I Mr. Trimble is to be commended for about it, now that the rationale for am talking about repeal of the Davis- bringing his party into the current Donor and Donee States is gone, their Bacon Act. I am talking about a Con- talks, which now include Sinn Fein as argument is just plain old-fashioned gress that favors the taxpayers over a result of the restoration of the IRA politics. the union bosses. These Davis-Bacon cease-fire in July. Those talks are ably S10226 CONGRESSIONAL RECORD — SENATE September 30, 1997 chaired by our former Senate col- stormed out of a TV interview in the midst Trimble also knew that the popular politi- league, George Mitchell. of a live broadcast because he was about to cal mood in Northern Ireland was running Mr. Trimble and his party faced be electronically linked with a Sinn Fein strongly in favor of all-inclusive peace talks. many difficulties in deciding to partici- member in another studio. But in August the The failure of the I.R.A. cease-fire which col- British government declared that a new lapsed in February 1996, had profoundly de- pate in talks which include Sinn Fein. I.R.A. cease-fire was genuine and that Sinn pressed people. This summer sectarian ten- There is a long history of distrust by Fein was thus qualified to join the political sion once again ran high, and Northern Ire- both sides in Northern Ireland, and the talks jointly sponsored by London and Dub- land teetered on the edge of what one of the fears and concerns of unionists cannot lin under the chairmanship of former U.S. senior members of Mitchell’s team warned be dismissed. Mr. Trimble spent the Senator George Mitchell. Suddenly, Sept. 15, could have been ‘‘full-scale civil war.’’ The month of August consulting with many the date set for the start of a new round of I.R.A. cease-fire announced in July and the talks, became the moment of truth for promise of peace talks in September again people and concluded that his constitu- Trimble, Sinn Fein would join the talks, but ents want his party to participate in raised hopes. Says Christopher McGimpsey, a would Trimble take his party in? U.U.P. city councilor from Belfast: ‘‘We were the talks as the best hope for achieving If Trimble’s temperament and political hearing from the grass roots that we should background were any guide, the answer a peaceful settlement. enter talks.’’ would clearly have been no. As a young lec- Huge challenges lie ahead. Negotiat- Trimble also received a powerful shove turer in law at Queen’s University in Belfast ing a solution which can obtain the through the negotiating gates from Blair. in the late ’60s, Trimble joined a fringe polit- First, Blair warned Sinn Fein that if it want- support of both communities is a for- ical group Vanguard, that condemned the midable task. But at long last, the U.U.P., the party Trimble was later to head, ed to have a say in the future of Northern principal parties are at the negotiating for being insufficiently hard line. He flirted Ireland, it would have to secure a cease-fire table and real dialogue is beginning. with other extremist groups before finally from the I.R.A. and agree to respect demo- David Trimble deserves a significant coming to terms with the U.U.P. and being cratic principles. When it did just that, Blair elected to Parliament as one of its can- turned his attention to Trimble’s Unionists. share of the credit for this long-sought ‘‘Some Unionists failed to understand that if progess. I look forward to his visit to didates in 1990. His rise to the top of the party was swift. He won the leadership slot we do not join the talks, London and Dublin this country, and I ask unanimous con- in 1995, largely on the strength of the mili- could impose a political solution on us,’’ sent that an excellent article in the tant image he had acquired by marching at says John Taylor, the deputy leader of September 29 issue of Time Magazine the head of a triumphalist Protestant parade Trimble’s party. With that possibility star- be printed in the RECORD. that bullied its way through a besieged ing him in the face, Trimble could hardly There being no objection, the article Catholic neighborhood. ‘‘We were in despair have said no to the talks. was ordered to be printed in the when he was elected,’’ says a moderate in Even after last week’s bombing, Trimble Trimble’s party. ‘‘We thought all hope for arrived for the talks. ‘‘Two years ago,’’ said RECORD, as follows: peace and accommodation was gone.’’ Marjorie (‘‘Mo’’) Mowlam, the tough-talking, [From Time, Sept. 29, 1997] But Trimble has changed. Once he became no-nonsense British Secretary of State for FACE TO FACE leader of the party, there was a concerted ef- Northern Ireland, ‘‘it would not have been (By Barry Hillenbrand) fort by Britain and the U.S. to erode his nar- possible for Trimble to move forward after a row provincialism by getting him to travel It was no surprise last week when, just as bomb like that. Now Unionism wants its outside Ulster, a process that had worked historic talks began to try to dissolve the leaders to be talking.’’ And in the North, well with Gerry Adams, the leader of Sinn annealed hate that divides Northern Ireland, that is surprising progress. Fein. For a man who once bragged he had a 400-lb. bomb exploded in a largely Protes- f never set foot outside the U.K., it was a tant town near Belfast. The hard men for heady experience. Trimble visited the U.S., whom terrorism has become a way of life HONORING THE WOODALLS ON long shunned by Unionists as the bastion of were again trying to blow away the chance THEIR 50TH WEDDING ANNIVER- fervent I.R.A. support. He had coffee with SARY for peace. Nor was it a surprise that the President Bill Clinton and chatted with the Protestant politicians, who fear any change sort of Congressmen he once considered the Mr. ASHCROFT. Mr. President, fami- in their domination of the province, de- enemies of Unionism. Now Trimble’s office lies are the cornerstone of America. nounced the bombing as a Roman Catholic hands out copies of the Congressional Record republican plot that made the talks impos- The data are undeniable: Individuals featuring a speech paying tribute to the Irish from strong families contribute to the sible. Protestant tradition in America. Its author: But it was a surprise when, one day after society. In an era when nearly half of Ted Kennedy, the Irish republican’s greatest the explosion, the talks began anyway, champion in Congress. Trimble also traveled all couples married today will see their bringing together for the first time the lead- to South Africa with delegations of other union dissolve into divorce, I believe it ers of Sinn Fein, the political wing of the parties from Northern Ireland for a con- is both instructive and important to Irish Republican Army, which has waged war ference on Conflict resolution. honor those who have taken the com- to drive the British off the island of Ireland, Trimble is still a staunch Unionist and mitment of ‘‘till death us do part’’ seri- and the main leaders of their bitter Protes- profoundly leery of Sinn Fein. Before walk- tant Unionist opponents. That the talks ously, demonstrating successfully the ing into the talks last week, he defiantly timeless principles of love, honor, and began at all was a triumph of patience, per- said he had come not to ‘‘negotiate with sistence and cleverness by the governments Sinn Fein but to confront them and to ex- fidelity. These characteristics make of Ireland, Britain and the U.S., which are pose their facist character.’’ ‘‘Yet,’’ says our country strong. shepherding the broader peace process. David Ervine, a senior official of the Pro- For these important reasons, I rise It was also a measure of how much has gressive Unionist Party, who marched into today to honor Elsa and James Woodall changed in Northern Ireland over the past talks with Trimble last week, ‘‘Trimble has IV of Springfield, MO, who on October half dozen years. Most important, the 1.6 come further than any Unionist leader in million people of the province, Protestant 18, 1997, will celebrate their 50th wed- history.’’ He has broken out of the siege ding anniversary. My wife, Janet, and I and Catholic alike, have come to hate the mentality, which for years had Unionist war of hate and are demanding peace. Sec- leaders hiding behind banners proclaiming look forward to the day we can cele- ond, the terrorists have come to believe they no surrender and refusing to consider any ac- brate a similar milestone. The can win more from talking than from kill- commodation with the Catholic minority or Woodalls’ commitment to the prin- ing. And finally, the huge parliamentary ma- with the Irish Republic to the south. ‘‘We are ciples and values of their marriage de- jority rolled up by Tony Blair and the certainly going to address the views of those serves to be saluted and recognized. Labour Party has stripped the recalcitrant who consider themselves Irish and don’t f Unionists of their veto over the efforts of the want to be part of the United Kingdom,’’ British government to change the status of says Trimble. ‘‘We have to respect their cul- TRIBUTE TO DONALD J. BABB its troubled province. tural identity and protect their civil rights. In the past the Unionists have been able We are comfortable with that.’’ But, of Mr. ASHCROFT. Mr. President, I rise simply to stonewall the peace process. But course, Trimble holds fast to the basic prin- today to acknowledge and honor the last week, there at the head of the Unionist ciple of Unionism: that Northern Ireland achievement of Mr. Donald J. Babb of delegation was David Trimble, a hot-tem- should remain part of the U.K. my home State of Missouri. Mr. Babb pered, frequently red-faced law lecturer who Despite his firm belief that the I.R.A. recently received the Shirley Anne heads Northern Ireland’s largest and most cease-fire is a sham, Trimble recognized that Munroe Leadership Development important Protestant party, the Ulster the moral burden of continuing the peace Unionist Party (U.U.P.). process has fallen on him. ‘‘We could have Award from the American Hospital As- For years Trimble, like many other Union- stayed back and waited for the talks to col- sociation and the Hospital Research ists, refused to sit down in the same room lapse without us,’’ says Trimble. But then we and Education Trust. Mr. Babb is the with Sinn Fein repesentatives. Once Trimble would have been accused of blocking peace.’’ chief executive officer of the Citizens September 30, 1997 CONGRESSIONAL RECORD — SENATE S10227 Memorial Hospital and the executive September 29, 1997, the federal debt against the United States continues to director of Citizens Memorial Health stood at $5,388,315,809,652.79. (Five tril- function, and normalization of com- Care Foundation in Bolivar, MO. The lion, three hundred eighty-eight bil- mercial and diplomatic relations be- national award recognizes leaders in lion, three hundred fifteen million, tween the United States and Iran has executive management positions in eight hundred nine thousand, six hun- not been achieved. In these cir- small or rural hospitals who have im- dred fifty-two dollars and seventy-nine cumstances, I have determined that it proved health care delivery to rural cents) is necessary to maintain in force the areas through innovative and progres- Five years ago, September 29, 1992, broad authorities that are in place by sive steps. the federal debt stood at virtue of the November 14, 1979, dec- Donald has been an instrumental $4,045,289,000,000. (Four trillion, forty- laration of emergency and that are part of the Citizens Memorial Hospital five billion, two hundred eighty-nine needed in the process of implementing since before its opening in 1982. Under million) the January 1981 agreements with Iran. his leadership, the hospital was recog- Ten years ago, September 29, 1987, WILLIAM J. CLINTON. nized as one of the ‘‘Top Ten Small the federal debt stood at THE WHITE HOUSE, September 30, 1997. Rural Hospitals’’ in the Nation, as de- $2,340,446,000,000. (Two trillion, three f termined by the American Hospital As- hundred forty billion, four hundred MESSAGES FROM THE HOUSE sociation, and has become a fully inte- forty-six million) ENROLLED BILLS SIGNED grated health care delivery system. Mr. Fifteen years ago, September 29, 1982, At 10:03 a.m., a message from the Babb stated that, ‘‘Meeting the needs the federal debt stood at House of Representatives, delivered by of the communities we serve has been $1,118,989,000,000. (One trillion, one hun- one of its reading clerks, announced my No. 1 priority. We have expanded dred eighteen billion, nine hundred that the Speaker has signed the follow- services so that patients have access to eighty-nine million) ing enrolled bills: quality care for every stage of their Twenty-five years ago, September 29, S. 871. An act to establish the Oklahoma lives.’’ His dedication to the good 1972, the federal debt stood at City National Memorial as a unit of the Na- health of the people in rural southwest $433,946,000,000 (Four hundred thirty- tional Park System; to designate the Okla- Missouri is obvious through his efforts three billion, nine hundred forty-six homa City Memorial Trust, and for other directed toward improving the quality million) which reflects a debt increase purposes. of health care available in this area. of nearly $5 trillion—$4,954,369,809,652.79 H.R. 1420. An act to amend the National For the past 17 years, Mr. Babb has Wildlife Refuge System Administration Act (Four trillion, nine hundred fifty-four of 1966 to improve the management of the dedicated his life to the betterment of billion, three hundred sixty-nine mil- National Wildlife Refuge System, and for his community and the people he lion, eight hundred nine thousand, six other purpose. serves. His work embodies the spirit of hundred fifty-two dollars and seventy- The enrolled bills were signed subse- the American dream. Mr. President, I nine cents) during the past 25 years. quently by the President pro tempore ask that Members of the Senate join f [Mr. THURMOND]. me in recognizing and honoring the work and lifetime achievements of Mr. REPORT OF THE NOTICE OF THE At 11:10 a.m., a message from the Donald J. Babb. CONTINUATION OF THE IRAN House of Representatives, delivered by f EMERGENCY—MESSAGE FROM Ms. Goetz, one of its reading clerks, an- THE PRESIDENT—PM 70 nounced that the House has passed the SOUTHSIDE SAVANNAH RAIDERS The PRESIDING OFFICER laid be- following bill, in which it requests the Mr. COVERDELL. Mr. President, the fore the Senate the following message concurrence of the Senate: Southside Savannah Raiders baseball from the President of the United H.R. 2472. An act to extend certain pro- team of Savannah, GA deserves rec- grams under the Energy Policy and Con- States, together with an accompanying servation Act. ognition for its extraordinary talent report; which was referred to the Com- The message also announced that the and teamwork for its winning the mittee on Banking, Housing, and House has passed the following bill, State championship of the 1996 Divi- Urban Affairs. sion A Georgia Recreation and Parks’ without amendment: Twelve and Under Youth Division. The To the Congress of the United States: S. 1211. An act to provide permanent au- Raiders achieved an impressive record Section 202(d) of the National Emer- thority for the administration of au pair pro- of 53 wins and 3 losses for the year, and gencies Act (50 U.S.C. 1622(d)) provides grams. for the automatic termination of a na- secured the League, City, District 2, At 2:22 p.m., a message from the tional emergency unless, prior to the and Georgia Games titles, as well as House of Representatives, delivered by anniversary date of its declaration, the second place in the AAU State Tour- Ms. Goetz, one of its reading clerks, an- ney, on their way to the championship. President publishes in the Federal Reg- nounced that the House agrees to the The All Stars included Joey Boaen, ister and transmits to the Congress a report of the committee of conference Christopher Burnsed, Brian Crider, notice stating that the emergency is to on the disagreeing votes of the two Bryan Donahue, Matthew Dotson, continue beyond the anniversary date. Houses on the amendment of the Sen- Kevin Finnegan, Kevin Edge, Mark In accordance with this provision, I ate to the bill (H.R. 2203) making ap- Hamilton, Garett Harvey, Bobby Keal, have sent the enclosed notice, stating propriations for energy and water de- Adam Kitchen, and Daniel Willard. that the Iran emergency declared in velopment for the fiscal year ending Linn Burnsed, Danny Boaen, and Dana 1979 is to continue in effect beyond No- September 30, 1998, and for other pur- Edge ably coached these young players vember 14, 1997, to the Federal Register poses. and instilled in them a winning atti- for publication. Similar notices have The message also announced that the tude and a sense of sportsmanship. The been sent annually to the Congress and House has passed the following bills, in team’s success can be attributed to the the Federal Register since November 12, which it requests the concurrence of dedication of all of the team members, 1980. The most recent notice appeared the Senate: as well as the parents and countless in the Federal Register on October 31, H.R. 1116. An act to provide for the convey- friends who lent their support. 1996. This emergency is separate from ance of the reversionary interest of the Unit- Mr. President, I appreciate the that declared with respect to Iran on ed States in certain lands to the Clint Inde- chance to acknowledge the Southside March 15, 1995, in Executive Order pendent School District and the Fabens Inde- Savannah Raiders’ successes, and com- 12957. pendent School District. The crisis between the United States H.R. 2487. An act to improve the effective- mend the ability and dedication of ness and efficiency of the child support en- these champions. and Iran that began in 1979 has not forcement program and thereby increase the f been fully resolved. The international financial stability of single parent families tribunal established to adjudicate including those attempting to leave welfare. THE VERY BAD DEBT BOXSCORE claims of the United States and U.S. ENROLLED BILL AND JOINT RESOLUTION SIGNED Mr. HELMS. Mr. President, at the nationals against Iran and of the Ira- At 4:58 p.m., a message from the House of close of business yesterday, Monday, nian government and Iranian nationals Representatives, delivered by Mr. Hays, one S10228 CONGRESSIONAL RECORD — SENATE September 30, 1997 of its reading clerks, announced that the to the Committee on Environment and Pub- and Wildlife and Parks, transmitting, pursu- Speaker has signed the following enrolled lic Works. ant to law, a rule entitled ‘‘Migratory Bird bill and joint resolution: EC–3062. A communication from the Direc- Hunting’’ (RIN1018-AE14) received on Sep- S. 1211. An act to provide permanent au- tor of the Office of Regulatory Management tember 29, 1997; to the Committee on Envi- thority for the administration of au pair pro- and Information, U.S. Environmental Pro- ronment and Public Works. grams. tection Agency, transmitting, pursuant to EC–3075. A communication from the Acting H.J. Res. 94. Joint resolution making con- law, seven rules received on August 27, 1997; Assistant Secretary of the Interior for Fish tinuing appropriations for the fiscal year to the Committee on Environment and Pub- and Wildlife and Parks, transmitting, pursu- 1998, and for other purposes. lic Works. ant to law, a rule entitled ‘‘Migratory Bird EC–3063. A communication from the Direc- Hunting’’ (RIN1018-AE14) received on August The enrolled bill and joint resolution tor of the Office of Regulatory Management 25, 1997; to the Committee on Environment were signed subsequently by the Presi- and Information, U.S. Environmental Pro- and Public Works. dent pro tempore [Mr. THURMOND]. tection Agency, transmitting, pursuant to EC–3076. A communication from the Direc- law, two rules received on September 15, tor of the Office of Congressional Affairs, At 5:50 p.m., a message from the 1997; to the Committee on Environment and transmitting, pursuant to law, a rule re- House of Representatives, delivered by Public Works. ceived on August 21, 1997; to the Committee Mr. Hays, one of its reading clerks, an- EC–3064. A communication from the Direc- on Environment and Public Works. nounced that the House agrees to the tor of the Office of Regulatory Management EC–3077. A communication from the Direc- and Information, U.S. Environmental Pro- tor of the Office of Congressional Affairs, report of the committee of conference tection Agency, transmitting, pursuant to transmitting, pursuant to law, a rule re- on the disagreeing votes of the two law, three rules received on September 16, ceived on August 22, 1997; to the Committee Houses on the amendment of the Sen- 1997; to the Committee on Environment and on Environment and Public Works. ate to the bill (H.R. 2378) making ap- Public Works. EC–3078. A communication from the Direc- propriations for the Treasury Depart- EC–3065. A communication from the Direc- tor of the Office of Congressional Affairs, ment, the U.S. Postal Service, the Ex- tor of the Office of Regulatory Management transmitting, pursuant to law, a rule re- ecutive Office of the President, and and Information, U.S. Environmental Pro- ceived on August 29, 1997; to the Committee tection Agency, transmitting, pursuant to on Environment and Public Works. certain independent agencies, for the law, five rules received on September 5, 1997; EC–3079. A communication from the Direc- fiscal year ending September 30, 1998, to the Committee on Environment and Pub- tor of the Office of Congressional Affairs, and for other purposes. lic Works. transmitting, pursuant to law, a rule re- f EC–3066. A communication from the Direc- ceived on September 5, 1997; to the Commit- tor of the Office of Regulatory Management tee on Environment and Public Works. MEASURES REFERRED and Information, U.S. Environmental Pro- EC–3080. A communication from the Direc- The following bills were read the first tection Agency, transmitting, pursuant to tor of the Office of Congressional Affairs, and second times by unanimous con- law, six rules received on September 10, 1997; transmitting, pursuant to law, a rule re- to the Committee on Environment and Pub- ceived on September 12, 1997; to the Commit- sent and referred as indicated: lic Works. tee on Environment and Public Works. H.R. 1116. An act to provide for the convey- EC–3067. A communication from the Direc- EC–3081. A communication from the Direc- ance of the reversionary interest of the Unit- tor of the Office of Regulatory Management tor of the Office of Congressional Affairs, ed States in certain lands to the Clinton and Information, U.S. Environmental Pro- transmitting, pursuant to law, a rule re- Independent School District and the Fabens tection Agency, transmitting, pursuant to ceived on September 29, 1997; to the Commit- Independent School District; to the Commit- law, a rule received on September 15, 1997; to tee on Environment and Public Works. tee on Foreign Relations. the Committee on Environment and Public EC–3082. A communication from the Acting H.R. 2487. An act to improve the effective- Works. Chief Financial Officer of the U.S. Environ- ness and efficiency of the child support en- EC–3068. A communication from the Direc- mental Protection Agency, transmitting, forcement program and thereby increase the tor of the Office of Regulatory Management pursuant to law, the report of the Agency’s financial stability of single parent families and Information, U.S. Environmental Pro- Strategic Plan; to the Committee on Envi- including those attempting to leave welfare; tection Agency, transmitting, pursuant to ronment and Public Works. to the Committee on Finance. law, four rules received on September 17, EC–3083. A communication from the Acting f 1997; to the Committee on Environment and Assistant Secretary of the Interior for Fish Public Works. and Wildlife and Parks, transmitting, pursu- ENROLLED BILLS PRESENTED EC–3069. A communication from the Direc- ant to law, a rule entitled ‘‘1997-98 Refuge- tor of the Office of Regulatory Management Specific Hunting and Sport Fishing Regula- The Secretary of the Senate reported and Information, U.S. Environmental Pro- tions’’ (RIN1018-AE18) received on September that on September 30, 1997 he had pre- tection Agency, transmitting, pursuant to 4, 1997; to the Committee on Environment sented to the President of the United law, five rules received on September 18, and Public Works. States, the following enrolled bills: 1997; to the Committee on Environment and EC–3084. A communication from the Direc- S. 871. An act to establish in the Oklahoma Public Works. tor of the State and Site Identification Cen- City National Memorial as a unit of the Na- EC–3070. A communication from the Direc- ter, U.S. Environmental Protection Agency, tional Park System; to designate the Okla- tor of the Office of Regulatory Management transmitting, pursuant to law, a rule re- homa City Memorial Trust, and for other and Information, U.S. Environmental Pro- ceived on September 25, 1997; to the Commit- purposes. tection Agency, transmitting, pursuant to tee on Environment and Public Works. S. 1211. An act to provide permanent au- law, two rules received on September 22, EC–3085. A communication from the Chair- thority for the administration of au pair pro- 1997; to the Committee on Environment and man of the U.S. Nuclear Regulatory Commis- grams. Public Works. sion, transmitting, a draft of proposed legis- EC–3071. A communication from the Direc- lation entitled ‘‘The Atomic Energy Act f tor of the Office of Regulatory Management Amendments of 1997’’; to the Committee on EXECUTIVE AND OTHER and Information, U.S. Environmental Pro- Environment and Public Works. tection Agency, transmitting, pursuant to EC–3086. A communication from the Gen- COMMUNICATIONS law, three rules received on September 23, eral Counsel of the Department of Transpor- The following communications were 1997; to the Committee on Environment and tation, transmitting, pursuant to law, a rule laid before the Senate, together with Public Works. received on August 28, 1997; to the Commit- accompanying papers, reports, and doc- EC–3072. A communication from the Direc- tee on Environment and Public Works. uments, which were referred as indi- tor of the Office of Regulatory Management EC–3087. A communication from the Dep- and Information, U.S. Environmental Pro- uty Administrator of the General Services cated: tection Agency, transmitting, pursuant to Administration, transmitting, pursuant to EC–3060. A communication from the Direc- law, two rules received on September 26, law, informational copies of a Building tor of the Office of Regulatory Management 1997; to the Committee on Environment and Project Survey for the Baltimore, Maryland, and Information, U.S. Environmental Pro- Public Works. metropolitan area; to the Committee on En- tection Agency, transmitting, pursuant to EC–3073. A communication from the Direc- vironment and Public Works. law, a rule received on August 25, 1997; to the tor of the Office of Regulatory Management EC–3088. A communication from the Acting Committee on Environment and Public and Information, U.S. Environmental Pro- Assistant Secretary of the Army (Civil Works. tection Agency, transmitting, pursuant to Works), transmitting, pursuant to law, a re- EC–3061. A communication from the Direc- law, a rule received on September 26, 1997; to port relative to the Columbia River Treaty tor of the Office of Regulatory Management the Committee on Environment and Public Fishing Access Sites; to the Committee on and Information, U.S. Environmental Pro- Works. Environment and Public Works. tection Agency, transmitting, pursuant to EC–3074. A communication from the Acting EC–3089. A communication from the Execu- law, three rules received on August 26, 1997; Assistant Secretary of the Interior for Fish tive Secretary of the Inland Waterways September 30, 1997 CONGRESSIONAL RECORD — SENATE S10229 Users Board, transmitting, pursuant to law, S. 1237. A bill to amend the Occupational similar legislation in the House today. the annual report for fiscal year 1998; to the Safety and Health Act of 1970 to further im- This legislation has received strong bi- Committee on Environment and Public prove the safety and health of working envi- partisan support—an essential ingredi- Works. ronments, and for other purposes; to the ent in the recipe for success. EC–3090. A communication from the Acting Committee on Labor and Human Resources. It is important to understand that Assistant Secretary of the Army (Civil By Mr. SMITH of Oregon: Works), transmitting, pursuant to law, a re- S. 1238. A bill to amend section 1926 of the both the Senate and House versions do port relative to the St. Paul Island Harbor, Public Health Service Act to encourage not attempt to reinvent OSHA’s wheel, Alaska; to the Committee on Environment States to strengthen their efforts to prevent just change its tires. Treading water and Public Works. the sale and distribution of tobacco products for 27 years, OSHA has never seriously EC–3091. A communication from the Acting to individuals under the age of 18 and for attempted to encourage employers and Assistant Secretary of the Army (Civil other purposes; to the Committee on Labor employees in their efforts to create Works), transmitting, pursuant to law, a re- and Human Resources. safe and healthful workplaces. Instead, port relative to a deep-draft navigation By Mr. ABRAHAM: OSHA chose to operate according to a project at Chignik Harbor, Alaska; to the S. 1239. A bill to suspend temporarily the Committee on Environment and Public duty on ethofumesate; to the Committee on command and control mentality. This Works. Finance. approach has lead to burdensome and EC–3092. A communication from the Acting S. 1240. A bill to suspend temporarily the often incomprehensible regulations Under Secretary of Defense (Comptroller), duty on phenmedipham; to the Committee which may not relate to worker safety transmitting, pursuant to law, the report of on Finance. and health and are, quite often, only a violation of the Antideficiency Act, case S. 1241. A bill to suspend temporarily the sporadically enforced. Even the AFL- number 96-03; to the Committee on Appro- duty on desmedipham; to the Committee on CIO has acknowledged that with only priations. Finance. 2,451 State and Federal inspectors regu- f f lating 6.2 million American worksites, REPORTS OF COMMITTEES STATEMENTS ON INTRODUCED an employer can expect to see an in- BILLS AND JOINT RESOLUTIONS spector once every 167 years. The following reports of committees While changing OSHA’s bald tires, it were submitted: By Mr. ENZI (for himself, Mr. is important to point out that the By Mr. STEVENS, from the Committee on GREGG, Mr. FRIST, Mr. JEF- SAFE Act does not dismantle OSHA’s Appropriations: FORDS, Mr. COATS, Mr. DEWINE, enforcement capabilities. That ap- Special Report entitled ‘‘Further Revised Mr. HUTCHINSON, Mr. BURNS, proach has been tried time and time Allocation To Subcommittees of Budget To- Mr. HAGEL, Ms. COLLINS, Mr. again. But, enforcement alone cannot tals from the Concurrent Resolution for Fis- MCCONNELL, Mr. WARNER, Mr. cal Year 1998’’ (Rept. No. 105–91). ensure the safety of our Nation’s work- ALLARD, Mr. CRAIG, Mr. ROB- By Mr. MURKOWSKI, from the Committee places and the health of our working on Energy and Natural Resources, with an ERTS, Mr. SESSIONS, Mr. THOM- population. America would be better amendment in the nature of a substitute: AS, Mr. SMITH of Oregon, Mr. served by an OSHA that places a great- S. 750. A bill to consolidate certain mineral BROWNBACK, and Mr. NICKLES): er emphasis on promoting employers interests in the National Grasslands in Bil- S. 1237. A bill to amend the Occupa- and employees working together and lings County, North Dakota, through the ex- tional Safety and Health Act of 1970 to this bill would strike that balance. change of Federal and private mineral inter- further improve the safety and health The SAFE Act is geared to provide ests to enhance land management capabili- of working environments, and for other employers who seek a safe and health- ties and environmental and wildlife protec- purposes; to the Committee on Labor tion, and for other purposes (Rept. No. 105– ful workplace for their employees with 92). and Human Resources. the ability to obtain compliance eval- By Mr. MURKOWSKI, from the Committee THE SAFETY ADVANCEMENT FOR EMPLOYEES uations from qualified, third party con- on Energy and Natural Resources, with an ACT sultants. In addition, the SAFE Act in- amendment in the nature of a substitute: Mr. ENZI. Mr. President, I rise today cludes additional voluntary and tech- S. 1158. A bill to amend the Alaska Native to introduce the Safety Advancement nical compliance initiatives to assist Claims Settlement Act, regarding the Huna for Employees Act of 1997. I send the employers in deeming their worksites Totem Corporation public interest land ex- bill to the desk. change, and for other purposes (Rept. No. safe for their employees. Businesses 105–93). Mr. President, I ask that further and employees need clarification on a By Mr. MCCAIN, from the Committee on reading of the bill be dispensed with. whole host of issues. They need Commerce, Science, and Transportation, Mr. President, during this first Ses- progress, now. We need good common- with an amendment in the nature of a sub- sion of the 105th Congress, my es- sense legislation that advances safety stitute and an amended preamble: teemed colleague from New Hampshire, and health of the American workplace, H. Con. Res. 8. A concurrent resolution ex- Senator GREGG, and I, each introduced now. pressing the sense of Congress with respect a bill related to workplace safety and Senator GREGG and I are not inter- to the significance of maintaining the health health. On July 10, a comprehensive and stability of coral reef ecosystems (Rept. ested in making another political No. 105–94). OSHA oversight hearing was held by statement. It is time for us to tuck the By Mr. WARNER, from the Committee on Chairman FRIST in the Subcommittee political statements into our coat Rules and Administration, without amend- on Public Health and Safety. This pockets and pass good common sense ment: hearing specifically focused on OSHA legislation that advances the safety S. Res. 126. An original resolution author- modernization legislation pending be- and health of the American workplace. izing supplemental expenditures by the Com- fore the committee. The results of this Advancing safety and health in the mittee on Veterans’ Affairs. hearing further confirmed the commit- American workplace is a matter of f ment Senator GREGG and I share con- great importance and it must be con- INTRODUCTION OF BILLS AND cerning the safety and health of our sidered in a serious and rational man- JOINT RESOLUTIONS Nation’s workforce. ner by Congress, by the Occupational It is with great pleasure that Senator Safety and Health Administration, by The following bills and joint resolu- GREGG and I, introduce this consensus employers, and yes, by employees too. tions were introduced, read the first legislation. The SAFE Act has the sup- Mr. President, I firmly believe that and second time by unanimous con- port of Subcommittee Chairman FRIST, the SAFE Act represents a clean start sent, and referred as indicated: as well as Labor Committee Chairman to addressing the problems that affect By Mr. ENZI (for himself, Mr. GREGG, JEFFORDS. Both are proud to be origi- OSHA and its dealings with employers Mr. FRIST, Mr. JEFFORDS, Mr. COATS, nal cosponsors and I am sincerely and employees. Senator GREGG and I, Mr. DEWINE, Mr. HUTCHINSON, Mr. grateful to them for all their hard are quite eager to continue working BURNS, Mr. HAGEL, Ms. COLLINS, Mr. work. They have clearly helped pave with my Senate and House colleagues MCCONNELL, Mr. WARNER, Mr. AL- LARD, Mr. CRAIG, Mr. ROBERTS, Mr. the way for this important measure. In on this important matter. By working SESSIONS, Mr. THOMAS, Mr. SMITH of addition, my House colleague and together in a bipartisan fashion, we Oregon, Mr. BROWNBACK, and Mr. chairman of the Small Business Com- can ensure our Nation’s work force NICKLES): mittee, JIM TALENT, will introduce that Congress does care about their S10230 CONGRESSIONAL RECORD — SENATE September 30, 1997 personal safety and health. I welcome SEC. 5. THIRD PARTY CONSULTATION SERVICES ‘‘(3) REINSPECTION.—Not later than 30 days your support in doing just that. PROGRAM. after an individual qualified under the pro- (a) PROGRAM.—The Act (29 U.S.C. 651 et gram submits a report to an employer under I ask unanimous consent that the seq.) is amended by inserting after section 8 text of the bill be included in the paragraph (2), or on a date agreed on by the the following: individual and the employer, the individual RECORD. ‘‘SEC. 8A. THIRD PARTY CONSULTATION SERV- shall reinspect the workplace of the em- There being no objection, the bill was ICES PROGRAM. ployer to verify that any occupational safety ordered to be printed in the RECORD, as ‘‘(a) ESTABLISHMENT OF PROGRAM.— or health violations identified in the report follows: ‘‘(1) IN GENERAL.—Not later than 12 months have been corrected and the workplace of the S. 1237 after the date of enactment of this section, employer is in compliance with this Act. If, the Secretary shall establish and implement, after such reinspection, the individual deter- Be it enacted by the Senate and House of Rep- by regulation, a program that qualifies indi- resentatives of the United States of America in mines that the workplace is in compliance viduals to provide consultation services to with the requirements of this Act, the indi- Congress assembled, employers to assist employers in the identi- SECTION 1. SHORT TITLE; REFERENCE. vidual shall provide the employer a declara- fication and correction of safety and health tion of compliance. (a) SHORT TITLE.—This Act may be cited as hazards in the workplaces of employers. the ‘‘Safety Advancement for Employees Act ‘‘(4) GUIDELINES.—The Secretary, in con- ‘‘(2) ELIGIBILITY.—Each of the following in- sultation with an advisory committee estab- of 1997’’ or the ‘‘SAFE Act’’. dividuals shall be eligible to be qualified (b) REFERENCE.—Whenever in this Act an lished in section 7(d), shall develop model under the program: guidelines for use in evaluating a workplace amendment or repeal is expressed in terms of ‘‘(A) An individual licensed by a State au- an amendment to, or repeal of, a section or under paragraph (1). thority as a physician, industrial hygienist, ‘‘(e) ACCESS TO RECORDS.—Any records re- other provision, the reference shall be con- professional engineer, safety engineer, safety sidered to be made to a section or other pro- lating to consultation services (as described professional, or occupational nurse. in subsection (a)) provided by an individual vision of the Occupational Safety and Health ‘‘(B) An individual who has been employed qualified under the program, or records, re- Act of 1970 (29 U.S.C. 651 et seq.). as an inspector for a State plan State or as ports, or other information prepared in con- SEC. 2. PURPOSE. a Federal occupational safety and health in- nection with safety and health inspections, Section 2(b) (29 U.S.C. 651(b)) is amended— spector for not less than a 5-year period. audits, or reviews conducted by or for an em- (1) in paragraph (13), by striking the period ‘‘(C) An individual qualified in an occupa- ployer and not required under this Act, shall and inserting ‘‘; and’’; and tional health or safety field by an organiza- not be admissible in a court of law or admin- (2) by adding at the end the following: tion whose program has been accredited by a istrative proceeding against the employer ‘‘(14) by increasing the joint cooperation of nationally recognized private accreditation except that such records may be used as evi- employers, employees, and the Secretary of organization or by the Secretary. dence for purposes of a disciplinary action Labor in the effort to ensure safe and health- ‘‘(D) Other individuals determined to be under subsection (c). ful working conditions for employees.’’. qualified by the Secretary. ‘‘(f) EXEMPTION.— SEC. 3. EMPLOYEE AND EMPLOYER PARTICIPA- ‘‘(3) GEOGRAPHICAL SCOPE OF CONSULTATION ‘‘(1) IN GENERAL.—If an employer enters TION PROGRAMS. SERVICES.—An individual qualified under the into a contract with an individual qualified Section 4 (29 U.S.C. 653) is amended by add- program may provide consultation services under the program, to provide consultation ing at the end the following: in any State. services described in subsection (a), and re- ‘‘(c)(1) In order to further carry out the ‘‘(b) SAFETY AND HEALTH REGISTRY.—The ceives a declaration of compliance under purpose of this Act to encourage employers Secretary shall develop and maintain a reg- subsection (d)(3), the employer shall be ex- and employees in their efforts to reduce oc- istry that includes all individuals that are empt from the assessment of any civil pen- cupational safety and health hazards, em- qualified under the program to provide the alty under section 17 for a period of 2 years ployers may establish employer and em- consultation services described in subsection after the date the employer receives the dec- ployee participation programs which exist (a) and shall publish and make such registry laration. for the sole purpose of addressing safe and readily available to the general public. ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not healthful working conditions. ‘‘(c) DISCIPLINARY ACTIONS.— apply— ‘‘(2) An entity created under a program de- ‘‘(1) IN GENERAL.—The Secretary may re- ‘‘(A) if the employer involved has not made scribed in paragraph (1) shall not constitute voke the status of an individual qualified a good faith effort to remain in compliance a labor organization for purposes of section under subsection (a) if the Secretary deter- as required under the declaration of compli- 8(a)(2) of the National Labor Relations Act mines that the individual— ance; or (29 U.S.C. 158(a)(2)) or a representative for ‘‘(A) has failed to meet the requirements of ‘‘(B) to the extent that there has been a purposes of sections 1 and 2 of the Railway the program; or fundamental change in the hazards of the Labor Act (45 U.S.C. 151 and 151a). ‘‘(B) has committed malfeasance, gross workplace. ‘‘(3) Nothing in this subsection shall be negligence, or fraud in connection with any ‘‘(g) DEFINITION.—In this section, the term construed to affect employer obligations consultation services provided by the quali- ‘program’ means the program established by under section 8(a)(5) of the National Labor fied individual. the Secretary under subsection (a).’’. Relations Act (29 U.S.C. 158(a)(5)) to deal ‘‘(d) CONSULTATION SERVICES.— SEC. 6. INDEPENDENT SCIENTIFIC PEER REVIEW. with a certified or recognized employee rep- ‘‘(1) SCOPE OF CONSULTATION SERVICES.— Section 6(b) (29 U.S.C. 655(b)(1)) is amend- resentative with respect to health and safety ‘‘(A) IN GENERAL.—The consultation serv- ed— matters to the extent otherwise required by ices described in subsection (a), and provided (1) by striking: ‘‘(4) Within’’ and inserting: law.’’. by an individual qualified under the pro- ‘‘(4)(A) Within’’; and SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY gram, shall include an evaluation of the (2) by adding at the end the following: COMMITTEE. workplace of an employer to determine if the ‘‘(B)(i) Prior to issuing a final standard Section 7 (29 U.S.C. 656) is amended by add- employer is in compliance with the require- under this paragraph, the Secretary shall ing at the end the following: ments of this Act, including any regulations submit the draft final standard and a copy of ‘‘(d)(1) Not later than 6 months after the promulgated pursuant to this Act. the administrative record to the National date of enactment of this subsection, the ‘‘(B) NON-FIXED WORK SITES.—With respect Academy of Sciences for review in accord- Secretary shall establish an advisory com- to the employees of an employer who do not ance with clause (ii). mittee (pursuant to the Federal Advisory work at a fixed site, the consultation serv- ‘‘(ii)(I) The National Academy of Sciences Committee Act (5 U.S.C. App)) to carry out ices described in subsection (a), and provided shall appoint an independent Scientific Re- the duties described in paragraph (3). by an individual qualified under the pro- view Committee. ‘‘(2) The advisory committee shall be com- gram, shall include an evaluation of the safe- ‘‘(II) The Scientific Review Committee posed of— ty and health program of the employer to de- shall conduct an independent review of the ‘‘(A) 3 members who are employees; termine if the employer is in compliance draft final standard and the scientific lit- ‘‘(B) 3 members who are employers; with the requirements of this Act, including erature and make written recommendations ‘‘(C) 2 members who are members of the any regulations promulgated under this Act. with respect to the draft final standard to general public; and ‘‘(2) CONSULTATION REPORT.—Not later than the Secretary, including recommendations ‘‘(D) 1 member who is a State official from 10 business days after an individual qualified relating to the appropriateness and adequacy a State plan State. under the program provides the consultation of the scientific data, scientific methodol- Each member of the advisory committee services described in subsection (a) to an em- ogy, and scientific conclusions, adopted by shall have expertise in workplace safety and ployer, the individual shall prepare and sub- the Secretary. health as demonstrated by the educational mit a written report to the employer that in- ‘‘(III) If the Secretary decides to modify background of the member. cludes an identification of any violations of the draft final standard in response to the ‘‘(3) The advisory committee shall advise this Act and requirements with respect to recommendations provided by the Scientific and make recommendations to the Secretary corrective measures the employer needs to Review Committee, the Scientific Review with respect to the establishment and imple- carry out in order for the workplace of the Committee shall be given an opportunity to mentation of a consultation services pro- employer to be in compliance with the re- review and comment on the modifications gram under section 8A.’’. quirements of this Act. before the final standard is issued. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10231 ‘‘(IV) The recommendations of the Sci- in compliance with the requirements pre- citation and proposed penalty and that the entific Review Committee shall be published scribed under this Act.’’. employee has 15 working days within which with the final standard in the Federal Reg- SEC. 9. PERSONAL RESPONSIBILITIES. to notify the Secretary that the employee ister.’’. (a) THE USE OF ALTERNATIVE METHODS AS wishes to contest the citation or penalty. If SEC. 7. CONTINUING EDUCATION AND PROFES- AN AFFIRMATIVE DEFENSE.—Section 9 (29 no notice is filed by the employee within 15 SIONAL CERTIFICATION FOR CER- U.S.C. 658), as amended by section 8, is fur- working days, the citation and the penalty, TAIN OCCUPATIONAL SAFETY AND ther amended by adding at the end the fol- as proposed, shall be deemed a final order of HEALTH ADMINISTRATION PERSON- lowing: the Commission and not subject to review by NEL. any court or agency. Section 8 (29 U.S.C. 657) is amended by add- ‘‘(f)(1) No citation may be issued under subsection (a) to an employer unless the em- ‘‘(d) CONTESTING OF CITATION.—If the em- ing at the end the following: ployee notifies the Secretary that the em- ‘‘(h) Any Federal employee responsible for ployer knew, or with the exercise of reason- ployee intends to contest the citation or pro- enforcing this Act shall (not later than 2 able diligence, would have known, of the posed penalty, the Secretary shall imme- years after the date of enactment of this sub- presence of an alleged violation. diately advise the Commission of such notifi- section or 2 years after the initial employ- ‘‘(2) No citation shall be issued under sub- cation, and the Commission shall afford an ment of the employee) meet the eligibility section (a) to an employer for an alleged vio- opportunity for a hearing (in accordance sec- requirements prescribed under subsection lation of section 5, any standard, rule, or tion 554 of title 5, United States Code). The (a)(2) of section 8A. order promulgated pursuant to section 6, any Commission shall after the hearing issue an ‘‘(i) The Secretary shall ensure that any other regulation promulgated under this order, based on findings of fact, affirming, Federal employee responsible for enforcing Act, or any other occupational safety and modifying, or vacating the Secretary’s cita- this Act who carries out inspections or in- health standard, if the employer dem- tion or proposed penalty, or directing other vestigations under this section, receive pro- onstrates that— appropriate relief. Such order shall become fessional education and training at least ‘‘(A) the employees of the employer have final 30 days after issuance of the order.’’. every 5 years as prescribed by the Sec- been provided with the proper training and retary.’’. equipment to prevent such a violation; SEC. 10. REDUCED PENALTIES FOR PAPERWORK VIOLATIONS. SEC. 8. INSPECTION PROCEDURES AND QUOTAS. ‘‘(B) work rules designed to prevent such a violation have been established and ade- Section 17 (29 U.S.C. 666) is amended by (a) IN GENERAL.—Section 8(f) (29 U.S.C. striking subsection (i) and inserting the fol- 657(f)) is amended— quately communicated to the employees by the employer and the employer has taken lowing: (1) in paragraph (1)— ‘‘(i) Any employer who violates any of the (A) in the second sentence, by inserting be- reasonable measures to discipline employees when violations of the work rules have been posting or paperwork requirements, other fore ‘‘and a copy’’ the following: ‘‘and shall than fraudulent reporting requirement defi- state whether the alleged violation has been discovered; ‘‘(C) the failure of employees to observe ciencies, prescribed under this Act shall not brought to the attention of the employer and be assessed a civil penalty for such a viola- if so, whether the employer has refused to work rules led to the violation; and ‘‘(D) reasonable measures have been taken tion unless the Secretary determines that take any action to correct the alleged viola- the employer has violated subsection (a) or tion,’’; by the employer to discover any such viola- tion. (d) with respect to the posting or paperwork (B) by inserting after the third sentence requirements.’’. the following: ‘‘The inspection shall be con- ‘‘(g) A citation issued under subsection (a) ducted for the limited purpose of determin- to an employer who violates section 5, any SEC. 11. REVIEW BY THE COMMISSION. ing whether the violation exists. During such standard, rule, or order promulgated pursu- Section 17 (29 U.S.C. 666) is amended by an inspection, the Secretary may take ap- ant to section 6, or any other regulation pro- striking subsection (j) and inserting the fol- propriate actions with respect to health and mulgated under this Act shall be vacated if lowing: ‘‘(j) The Commission shall have authority safety violations that are not within the such employer demonstrates that the em- to assess all civil penalties under this sec- scope of the inspection and that are observed ployees of such employer were protected by tion. In assessing a penalty under this sec- by the Secretary or an authorized represent- alternative methods that are equally or tion for a violation, the Commission shall ative of the Secretary during the inspec- more protective of the safety and health of give due consideration to the appropriate- tion.’’; and the employees than the methods required by ness of the penalty with respect to— (C) by inserting before the last period the such standard, rule, order, or regulation in ‘‘(1) the size of an employer; following: ‘‘, and, upon request by the em- the factual circumstances underlying the ci- ‘‘(2) the number of employees exposed to ployee or employee representative, shall pro- tation. ‘‘(h) Subsections (f) and (g) shall not be the violation; vide a written statement of the reasons for construed to eliminate or modify other de- ‘‘(3) the likely severity of any injuries di- the determination of the Secretary’’; and fenses that may exist to any citation.’’. rectly resulting from the violation; (2) by adding at the end thereof the follow- (b) EMPLOYEE RESPONSIBILITY.—The Occu- ‘‘(4) the probability that the violation ing: ‘‘(3) The Secretary or an authorized rep- pational Safety and Health Act of 1970 (29 could result in injury or illness; resentative of the Secretary may, as a meth- U.S.C. 651 et seq.) is amended by inserting ‘‘(5) the good faith of an employer in cor- od of investigating an alleged violation or after section 10 the following: recting the violation after the violation has danger under this subsection, attempt, if fea- ‘‘SEC. 10A. EMPLOYEE RESPONSIBILITY. been identified; sible, to contact an employer by telephone, ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(6) the history of previous violations by facsimile, or other appropriate methods to other provision of this Act, an employee an employer; and determine whether— who, with respect to personal protective ‘‘(7) whether the violation is the sole result ‘‘(A) the employer has taken corrective ac- equipment, willfully violates any require- of the failure of an employer to meet a re- tions with respect to the alleged violation or ment of section 5 or any standard, rule, or quirement under this Act, or prescribed by danger; or order promulgated pursuant to section 6, or regulation, with respect to the posting of no- ‘‘(B) there are reasonable grounds to be- any regulation prescribed pursuant to this tices, the preparation or maintenance of oc- lieve that a hazard exists. Act, may be assessed a civil penalty, as de- cupational safety and health records, or the ‘‘(4) The Secretary is not required to con- termined by the Secretary, for each viola- preparation, maintenance, or submission of duct an inspection under this subsection if tion. any written information.’’. the Secretary determines that a request for ‘‘(b) CITATIONS.—If, upon inspection and in- SEC. 12. TECHNICAL ASSISTANCE PROGRAM. an inspection was made for reasons other vestigation, the Secretary or the authorized (a) IN GENERAL.—Section 21(c) (29 U.S.C. than the safety and health of the employees representative of the Secretary believes that 670(c)) is amended— of an employer or that the employees of an an employee of an employer has, with re- (1) by striking ‘‘(c) The’’ and inserting employer are not at risk.’’. spect to personal protective equipment, vio- ‘‘(c)(1) The’’; (b) QUOTAS.—Section 9 (29 U.S.C. 658) is lated any requirement of section 5 or any (2) by striking ‘‘(1) provide’’ and inserting amended by adding at the end the following: standard, rule, or order promulgated pursu- ‘‘(A) provide’’; ‘‘(d) The Secretary shall not establish for ant to section 6, or any regulation prescribed (3) by striking ‘‘(2) consult’’ and inserting any employee within the Occupational Safe- pursuant to this Act, the Secretary shall ‘‘(B) consult’’; and ty and Health Administration (including any within 60 days issue a citation to the em- (4) by adding at the end the following: regional director, area director, supervisor, ployee. Each citation shall be in writing and ‘‘(2)(A) The Secretary shall, through the or inspector) a quota with respect to the shall describe with particularity the nature authority granted under section 7(c) and number of inspections conducted, the num- of the violation, including a reference to the paragraph (1), enter into cooperative agree- ber of citations issued, or the amount of pen- provision of this Act, standard, rule, regula- ments with States for the provision of con- alties collected, in accordance with this Act. tion, or order alleged to have been violated. sultation services by such States to employ- ‘‘(e) Not later than 12 months after the No citation may be issued under this section ers concerning the provision of safe and date of enactment of this subsection and an- after the expiration of 6 months following healthful working conditions. nually thereafter, the Secretary shall report the occurrence of any violation. ‘‘(B)(i) Except as provided in clause (ii), on the number of employers that are in- ‘‘(c) NOTIFICATION.—The Secretary shall the Secretary shall reimburse a State that spected under this Act and determined to be notify the employee by certified mail of the enters into a cooperative agreement under S10232 CONGRESSIONAL RECORD — SENATE September 30, 1997 subparagraph (A) in an amount that equals achievement of excellence in both the tech- Transportation for alcohol testing of mass 90 percent of the costs incurred by the State nical and managerial protection of employ- transit employees under the Department of for the provision of consultation services ees from occupational hazards. The Sec- Transportation and Related Agencies Appro- under such agreement. retary of Labor shall encourage small busi- priations Act, 1992. ‘‘(ii) A State shall be reimbursed by the nesses (as the term is defined by the Admin- ‘‘(c) TEST REQUIREMENTS.—This section Secretary for 90 percent of the costs incurred istrator of the Small Business Administra- shall not be construed to prohibit an em- by the State for the provision of— tion) to participate in the voluntary protec- ployer from requiring— ‘‘(I) training approved by the Secretary for tion program by carrying out outreach and ‘‘(1) an applicant for employment to sub- State personnel operating under a coopera- assistance initiatives and developing pro- mit to and pass an alcohol or substance tive agreement; and gram requirements that address the needs of abuse test before employment by the em- ‘‘(II) specified out-of-State travel expenses small businesses. ployer; or incurred by such personnel. (2) PROGRAM REQUIREMENT.—The voluntary ‘‘(2) an employee, including managerial ‘‘(iii) A reimbursement paid to a State protection program shall include the follow- personnel, to submit to and pass an alcohol under this subparagraph shall be limited to ing: or substance abuse test— costs incurred by such State for the provi- (A) APPLICATION.—Employers who volun- ‘‘(A) on a for-cause basis or where the em- sion of consultation services under this para- teer under the program shall be required to ployer has reasonable suspicion to believe graph and the costs described in clause (ii). submit an application to the Secretary of that such employee is using or is under the ‘‘(C) Notwithstanding any other provisions Labor demonstrating that the worksite with influence of alcohol or a controlled sub- of law, not less than 15 percent of the total respect to which the application is made stance; amount of funds appropriated for the Occu- meets such requirements as the Secretary of ‘‘(B) where such test is administered as pational Safety and Health Administration Labor may require for participation in the part of a scheduled medical examination; for a fiscal year shall be used for education, program. ‘‘(C) in the case of an accident or incident, consultation, and outreach efforts.’’. (B) ONSITE EVALUATIONS.—There shall be involving the actual or potential loss of (b) PILOT PROGRAM.—Section 21 (29 U.S.C. onsite evaluations by representatives of the human life, bodily injury, or property dam- 670) is amended by adding at the end the fol- Secretary of Labor to ensure a high level of age; lowing: protection of employees. The onsite visits ‘‘(D) during the participation of an em- ‘‘(d)(1) Not later than 90 days after the date shall not result in enforcement of citations ployee in an alcohol or substance abuse of enactment of this subsection, the Sec- under the Occupational Safety and Health treatment program, and for a reasonable pe- retary shall establish and carry out a pilot Act of 1970 (29 U.S.C. 651 et seq.). riod of time (not to exceed 5 years) after the program in 3 States to provide expedited (C) INFORMATION.—Employers who are ap- conclusion of such program; or consultation services, with respect to the proved by the Secretary of Labor for partici- ‘‘(E) on a random selection basis in work provision of safe and healthful working con- pation in the program shall assure the Sec- units, locations, or facilities. ditions, to employers that are small busi- retary of Labor that information about the ‘‘(d) CONSTRUCTION.—Nothing in this sec- nesses (as the term is defined by the Admin- safety and health program of the employers tion shall be construed to require an em- istrator of the Small Business Administra- shall be made readily available to the Sec- ployer to establish an alcohol and substance tion). The Secretary shall carry out the pro- retary of Labor to share with employees. abuse testing program for applicants or em- gram for a period not to exceed 2 years. (D) REEVALUATIONS.—Periodic reevalua- ployees or make employment decisions based ‘‘(2) The Secretary shall provide consulta- tions by the Secretary of Labor of the em- on such test results. tion services under paragraph (1) not later ployers shall be required for continued par- ‘‘(e) PREEMPTION.—The provisions of this than 4 weeks after the date on which the ticipation in the program. section shall preempt any provision of State Secretary receives a request from an em- (3) EXEMPTIONS.—A site with respect to law to the extent that such State law is in- ployer. which a program has been approved shall, consistent with this section. ‘‘(f) INVESTIGATIONS.—The Secretary is au- ‘‘(3) The Secretary may impose a nominal during participation in the program be ex- thorized to conduct testing of employees (in- fee to an employer requesting consultation empt from inspections or investigations and cluding managerial personnel) of an em- services under paragraph (1). The fee shall be certain paperwork requirements to be deter- ployer for use of alcohol or controlled sub- in an amount determined by the Secretary. mined by the Secretary of Labor, except that stances during any investigations of a work- Employers paying a fee shall receive priority this paragraph shall not apply to inspections related fatality or serious injury.’’. consultation services by the Secretary. or investigations arising from employee ‘‘(4) In lieu of issuing a citation under sec- complaints, fatalities, catastrophes, or sig- SEC. 15. CONSULTATION ALTERNATIVES. tion 9 to an employer for a violation found nificant toxic releases. Subsection (a) of section 9 (29 U.S.C. 658(a)) by the Secretary during a consultation under is amended to read as follows: SEC. 14. PREVENTION OF ALCOHOL AND SUB- ‘‘(a)(1) Nothing in this Act shall be con- paragraph (1), the Secretary shall permit the STANCE ABUSE. strued as prohibiting the Secretary or the employer to carry out corrective measures The Occupational Safety and Health Act of authorized representative of the Secretary to correct the conditions causing the viola- 1970 (29 U.S.C. 651 et seq.) is amended— from providing technical or compliance as- tion. The Secretary shall conduct not more (1) by striking sections 29, 30, and 31; sistance to an employer in correcting a vio- than 2 visits to the workplace of the em- (2) by redesignating sections 32, 33, and 34 lation discovered during an inspection or in- ployer to determine if the employer has car- as sections 30, 31, and 32, respectively; and vestigation under this Act without issuing a ried out the corrective measures. The Sec- (3) by inserting after section 28 (29 U.S.C. citation. retary shall issue a citation as prescribed 676) the following: ‘‘(2) Except as provided in paragraph (3), if, under section 5 if, after such visits, the em- ‘‘SEC. 29. ALCOHOL AND SUBSTANCE ABUSE upon an inspection or investigation, the Sec- ployer has failed to carry out the corrective TESTING. retary or an authorized representative of the measures. ‘‘(a) PROGRAM PURPOSE.—In order to secure Secretary believes that an employer has vio- ‘‘(5) Not later than 90 days after the termi- a safe workplace, employers may establish lated a requirement of section 5, of any regu- nation of the program under paragraph (1), and carry out an alcohol and substance lation, rule, or order promulgated pursuant the Secretary shall prepare and submit a re- abuse testing program in accordance with to section 6, or of any regulations prescribed port to the appropriate committees of Con- subsection (b). pursuant to this Act, the Secretary may gress that contains an evaluation of the im- ‘‘(b) FEDERAL GUIDELINES.—An alcohol and with reasonable promptness issue a citation plementation of the pilot program.’’. substance abuse testing program described in to the employer. Each citation shall be in SEC. 13. VOLUNTARY PROTECTION PROGRAMS. subsection (a) shall meet the following re- writing and shall describe with particularity (a) COOPERATIVE AGREEMENTS.—The Sec- quirements: the nature of a violation, including a ref- retary of Labor shall establish cooperative ‘‘(1) SUBSTANCE ABUSE.—A substance abuse erence to the provision of the Act, regula- agreements with employers to encourage the testing program shall permit the use of an tion, rule, or order alleged to have been vio- establishment of comprehensive safety and onsite or offsite urine screening or other rec- lated. The citation shall fix a reasonable health management systems that include— ognized screening methods, so long as the time for the abatement of the violation. (1) requirements for systematic assessment confirmation tests are performed in accord- ‘‘(3) The Secretary or the authorized rep- of hazards; ance with the mandatory guidelines for Fed- resentative of the Secretary— (2) comprehensive hazard prevention, miti- eral workplace testing programs published ‘‘(A) may issue a warning in lieu of a cita- gation, and control programs; by the Secretary of Health and Human Serv- tion with respect to a violation that has no (3) active and meaningful management and ices on April 11, 1988, at section 11979 of title significant relationship to employee safety employee participation in the voluntary pro- 53, Code of Federal Regulations (including or health; and gram described in subsection (b); and any amendments to such guidelines), in a lab ‘‘(B) may issue a warning in lieu of a cita- (4) employee safety and health training. that is subject to the requirements of sub- tion in cases in which an employer in good (b) VOLUNTARY PROTECTION PROGRAM.— part B of such mandatory guidelines. faith acts promptly to abate a violation if (1) IN GENERAL.—The Secretary of Labor ‘‘(2) ALCOHOL.—The alcohol testing compo- the violation is not a willful or repeated vio- shall establish and carry out a voluntary nent of the program shall take the form of lation.’’. protection program (consistent with sub- alcohol breath analysis and shall conform to section (a)) to encourage and recognize the any guidelines developed by the Secretary of By Mr. SMITH of Oregon: September 30, 1997 CONGRESSIONAL RECORD — SENATE S10233 S. 1238. A bill to amend section 1926 Just how important is it that we tling and registration of salvage, non- of the Public Health Service Act to en- take immediate action? Each day that repairable, and rebuilt vehicles. courage States to strengthen their ef- we wait for the pending FDA lawsuits, S. 943 forts to prevent the sale and distribu- and each day that we spend talking At the request of Mr. SPECTER, the tion of tobacco products to individuals about doing something to reduce to- name of the Senator from Texas [Mr. under the age of 18 and for other pur- bacco use by our Nation’s children, GRAMM] was added as a cosponsor of S. poses; to the Committee on Labor and 3,000 more young people begin smoking. 943, a bill to amend title 49, United Human Resources. I want you to think about that for a States Code, to clarify the application THE TOBACCO USE BY MINORS DETERRENCE ACT moment. Each day, 3,000 children start of the Act popularly known as the OF 1997 smoking—-that’s more than 1 million ‘‘Death on the High Seas Act’’ to avia- Mr. SMITH of Oregon. Mr. President, children each year. To put this into tion accidents. today in America, too many teenagers perspective, the Centers for Disease S. 1096 have access to too much tobacco at too Control [CDC] estimates that 16.6 mil- At the request of Mr. KERREY, the many stores and retail outlets. The re- lion of our children today will become name of the Senator from Nebraska sult? Each day 3,000 more young people regular smokers, and almost one-third, [Mr. HAGEL] was added as a cosponsor start smoking and get addicted to le- approximately 5 million children, will of S. 1096, a bill to restructure the In- thal tobacco products. die from tobacco-related illness. In my ternal Revenue Service, and for other As Congress considers legislation to State of Oregon, 191,688 children under purposes. reduce teenage smoking and to address 18 are projected to become smokers; S. 1133 the growing public health concerns as- 61,340 of those youth will die. It is time At the request of Mr. COVERDELL, the sociated with the use of tobacco, I to recognize teen tobacco use for what names of the Senator from New York want to propose a concept that goes to it is—a public health epidemic. [Mr. D’AMATO] and the Senator from the heart of the problem—keeping to- In addition to the loss of life associ- Pennsylvania [Mr. SANTORUM] were bacco products out of the hands of ated with tobacco use, there is a sig- added as cosponsors of S. 1133, a bill to kids. While there are numerous well-in- nificant cost to our public health sys- amend the Internal Revenue Code of tentioned suggestions as to how to best tem. Currently, health care costs 1986 to allow tax-free expenditures achieve this goal, I believe that the caused directly by smoking total more from education individual retirement proposal I am introducing today goes than $50 billion each year. We cannot accounts for elementary and secondary to the heart of the problem—holding afford to wait any longer. Because the school expenses and to increase the both those who sell tobacco account- longer we postpone empowering com- maximum annual amount of contribu- able and those who illegally purchase munities, families, and law enforce- tions to such accounts. tobacco responsible. It demands the ment officials, we do so by sacrificing S. 1141 participation by store owners, clerks, the health and life of our children. At the request of Mr. JOHNSON, the parents, kids, and local law enforce- f name of the Senator from Illinois [Ms. ment. MOSELEY-BRAUN] was added as a co- The proposal is a simple, direct ap- ADDITIONAL COSPONSORS sponsor of S. 1141, a bill to amend the proach: require those who sell tobacco S. 28 Energy Policy Act of 1992 to take into to be licensed and trained, and hold At the request of Mr. THURMOND, the account newly developed renewable en- children who illegally purchase to- names of the Senator from South Caro- ergy-based fuels and to equalize alter- bacco responsible for their actions—by lina [Mr. HOLLINGS] and the Senator native fuel vehicle acquisition incen- notifying their parents, imposing fines from Rhode Island [Mr. CHAFEE] were tives to increase the flexibility of con- and community service, and restricting added as cosponsors of S. 28, a bill to trolled fleet owners and operators, and access to driving privileges. amend title 17, United States Code, for other purposes. With this legislation, we have an op- with respect to certain exemptions S. 1180 portunity to take some incremental from copyright, and for other purposes. At the request of Mr. KEMPTHORNE, and immediate action today, to em- S. 61 power our communities in the fight the name of the Senator from Georgia At the request of Mr. LOTT, the name [Mr. COVERDELL] was added as a co- against teenage tobacco use. The To- of the Senator from Florida [Mr. GRA- bacco Use by Minors Deterrence Act sponsor of S. 1180, a bill to reauthorize HAM] was added as a cosponsor of S. 61, the Endangered Species Act. elicits cooperation among families, a bill to amend title 46, United States S. 1205 communities, the retailers, and law en- Code, to extend eligibility for veterans’ forcement officials in the fight against At the request of Mrs. MURRAY, the burial benefits, funeral benefits, and name of the Senator from Washington tobacco use by children. Importantly, related benefits for veterans of certain this legislation gives retailers a new [Mr. GORTON] was added as a cosponsor service in the United States merchant of S. 1205, a bill to amend the Illegal leadership role and places greater re- marine during World War II. sponsibility on parents and minors. Immigration Reform and Immigrant S. 766 First, this bill establishes a self-fund- Responsibility Act of 1996 to clarify ing State license program for retailers At the request of Ms. SNOWE, the that records of arrival or departure are to sell tobacco products, similar to liq- name of the Senator from South Da- not required to be collected for pur- uor licenses. Second, it imposes strict kota [Mr. DASCHLE] was added as a co- poses of the automated entry-exit con- penalties on store owners and employ- sponsor of S. 766, a bill to require equi- trol system developed under section 110 ees for selling tobacco products to mi- table coverage of prescription contra- of such Act for Canadians who are not nors. Third, it requires employee train- ceptive drugs and devices, and contra- otherwise required to possess a visa, ing on all tobacco laws. Fourth, it sub- ceptive services under health plans. passport, or border crossing identifica- jects minors who are caught purchas- S. 773 tion card. ing or using tobacco products to pun- At the request of Mr. DURBIN, the SENATE CONCURRENT RESOLUTION 42 ishments that are meaningful to them, name of the Senator from Minnesota At the request of Mr. D’AMATO, the including the option of fines, parental [Mr. WELLSTONE] was added as a co- names of the Senator from Kansas [Mr. notification, community service, and sponsor of S. 773, a bill to designate BROWNBACK], the Senator from Illinois possible loss of driving privileges. certain Federal lands in the State of [Ms. MOSELEY-BRAUN], the Senator In my State of Oregon, restrictions Utah as wilderness, and for other pur- from South Carolina [Mr. HOLLINGS], on the distribution and sale of tobacco poses. and the Senator from Louisiana [Mr. products are some of the strongest in S. 852 BREAUX] were added as cosponsors of the nation. This legislation echoes Or- At the request of Mr. LOTT, the name Senate Concurrent Resolution 42, a egon’s commitment by making it more of the Senator from Tennessee [Mr. concurrent resolution to authorize the difficult for retailers across the Nation THOMPSON] was added as a cosponsor of use of the rotunda of the Capitol for a to make a profit from the illegal sale S. 852, a bill to establish nationally congressional ceremony honoring Ecu- of tobacco products to children. uniform requirements regarding the ti- menical Patriarch Bartholomew. S10234 CONGRESSIONAL RECORD — SENATE September 30, 1997

SENATE CONCURRENT RESOLUTION 50 Sec. 102. Grants. TITLE I—METROPOLITAN WASHINGTON At the request of Mr. HUTCHINSON, Sec. 103. Metropolitan Partnership. EDUCATION AND WORKFORCE TRAIN- the name of the Senator from Maine Sec. 104. Metropolitan Board. ING GRANTS [Ms. COLLINS] was added as a cosponsor TITLE II—METROPOLITAN WASHINGTON SEC. 101. DEFINITIONS. of Senate Concurrent Resolution 50, a EDUCATION AND WORKFORCE TRAIN- In this title: concurrent resolution condemning in ING TAX (1) ELEMENTARY SCHOOL; LOCAL EDU- the strongest possible terms the bomb- Sec. 201. Tax on income of nonresidents. CATIONAL AGENCY; SECONDARY SCHOOL.—The ing in Jerusalem on September 4, 1997. Sec. 202. Repeal of unincorporated business terms ‘‘elementary school’’, ‘‘local edu- SENATE RESOLUTION 116 tax. cational agency’’, and ‘‘secondary school’’ At the request of Mr. LEVIN, the Sec. 203. Withholding and returns. have the meanings given the terms in sec- names of the Senator from Minnesota Sec. 204. Credit for State income tax pay- tion 14101 of the Elementary and Secondary ments. Education Act of 1965 (20 U.S.C. 8801). [Mr. GRAMS] and the Senator from New Sec. 205. Technical amendment. (2) METROPOLITAN REGION.—The term ‘‘met- Jersey [Mr. LAUTENBERG] were added as Sec. 206. Reciprocal tax collection. ropolitan region’’ means the Washington, cosponsors of Senate Resolution 116, a D.C. metropolitan area, as defined by the resolution designating November 15, Sec. 207. Metropolitan Washington Edu- cation and Workforce Training Secretaries. 1997, and November 15, 1998, as ‘‘Amer- Trust Fund. (3) POSTSECONDARY INSTITUTION.—The term ‘‘postsecondary institution’’ has the mean- ica Recycles Day.’’ Sec. 208. Effective date. ing given the term ‘‘institution of higher SENATE RESOLUTION 124 SEC. 2. FINDINGS AND PURPOSE. education’’ in section 481 of the Higher Edu- At the request of Mr. ROTH, the (a) FINDINGS.—The Congress finds that— cation Act of 1965 (20 U.S.C. 1088). names of the Senator from Ohio [Mr. (1) the Greater Washington Metropolitan (4) PRINCIPAL.—The term ‘‘principal’’ DEWINE] and the Senator from New Area has an expanding regional economy but means an elementary school or secondary York [Mr. MOYNIHAN] were added as co- suffers from a serious regional labor market school principal. sponsors of Senate Resolution 124, a shortage that threatens economic growth; (5) SECRETARIES.—The term ‘‘Secretaries’’ resolution to state the sense of the (2) the region’s education and training sys- means the Secretary of Education and the Senate that members of the Khmer tems, particularly in the District of Colum- Secretary of Labor, acting jointly. bia, fail to provide many youths and adults (6) TEACHER.—The term ‘‘teacher’’ means Rouge who participated in the Cam- with the skills necessary to be competitive an elementary school or secondary school bodian genocide should be brought to in the regional labor market; teacher. justice before an international tribunal (3) the need for a better skilled area for crimes against humanity. workforce makes it imperative that the re- SEC. 102. GRANTS. AMENDMENT NO. 1253 gion’s businesses, educational institutions, (a) IN GENERAL.—Using funds made avail- and governments work together to provide At the request of Mr. MACK the able from the Metropolitan Washington Edu- youth and adults with the education and names of the Senator from Rhode Is- cation and Workforce Training Trust Fund, training necessary to meet the needs of the established in section 208, the Secretaries land [Mr. REED] and the Senator from 21st century; shall make grants to agencies and organiza- Pennsylvania [Mr. SANTORUM] were (4) the condition of school facilities is a tions to assist the agencies and organiza- added as cosponsors of amendment No. major impediment to improving the quality tions in carrying out the education and 1253 proposed to S. 1156, an original bill of education in the District of Columbia and workforce training activities described in making appropriations for the govern- their repair and modernization is a necessary subsection (c) in the metropolitan region. step in making the District’s public schools ment of the District of Columbia and (b) ELIGIBILITY.— other activities chargeable in whole or a full partner in preparing students for the regional labor market; (1) IN GENERAL.—To be eligible to receive a in part against the revenues of said (5) the University of the District of Colum- grant under this section, an entity shall be a District for the fiscal year ending Sep- bia, as well as other area institutions of local educational agency, or a public or pri- tember 30, 1998, and for other purposes. post-secondary education, have an important vate organization with demonstrated ability f role to play in providing skills training to and experience in carrying out the education meet the needs of the regional labor market; and workforce training activities. AMENDMENTS SUBMITTED (6) although the present revenues for the (2) WORKFORCE TRAINING.—To be eligible to District of Columbia public school system receive a grant under this section to provide provide sufficient operating funds, as with services described in subsection (c)(5), an en- THE DISTRICT OF COLUMBIA other public school systems in the metro- tity shall— APPROPRIATIONS ACT, 1998 politan region, there are insufficient reve- (A) be an postsecondary institution, busi- nues for programs to prepare students to ness, or another provider of workforce train- compete in the global economy and or to ing, such as literacy services, in the metro- politan region; and JEFFORDS AMENDMENT NO. 1226 provide students with the skills demanded by the local market: and (B) have demonstrated ability and experi- Mr. JEFFORDS proposed an amend- (7) the Greater Washington Metropolitan ence in providing workforce training. ment to the bill (S. 1156) making appro- Area has an opportunity to set a national ex- (c) USE OF FUNDS.—An agency or organiza- priations for the government of the ample of regional cooperation in engaging in tion that receives a grant under subsection District of Columbia and other activi- education reform and workforce training. (a) shall use funds made available through ties chargeable in whole or in part (b) PURPOSE.— the grant to carry out activities in the met- against the revenues of said District (1) IN GENERAL.—It is the purpose of this ropolitan region that consist of— for the fiscal year ending September 30, division to foster the development of a re- (1) providing professional development ac- 1998, and for other purposes; as follows: gional workforce investment system that tivities, including access to model profes- will bring about improvements in education sional development programs, for teachers At the end of the bill, add the following: and workforce preparation by— and principals; DIVISION 2—METROPOLITAN WASHING- (A) creating a metropolitan partnership (2) developing apprenticeships and other TON EDUCATION AND WORKFORCE through which area businesses, school sys- programs that provide business experience to TRAINING IMPROVEMENT ACT OF 1997 tems, postsecondary institutions, and gov- teachers who are participating in vocational SECTION 1. SHORT TITLE AND TABLE OF CON- ernments can cooperate in charting a course training or technology training; TENTS. for reforms and investments in education (3) constructing, renovating, repairing, or (a) SHORT TITLE.—This division may be and workforce training; and improving elementary schools, secondary cited as the ‘‘Metropolitan Washington Edu- (B) providing the Greater Washington Met- schools, or other educational facilities for cation and Workforce Training Improvement ropolitan Area with the resources necessary workforce training programs; Act of 1997’’. to lead the Nation in improving its capacity (4) developing partnerships between busi- (b) TABLE OF CONTENTS.—The table of con- to provide for a highly educated and skilled nesses, and vocational education or voca- tents of this division is as follows: workforce. tional training providers, to carry out stu- (2) NONRESIDENT TAX.—The purpose of im- dent internship programs; Sec. 1. Short title and table of contents. posing the tax established by title II is to— (5) providing youth and adult workforce Sec. 2. Findings and purpose. (A) fund the repair and modernization of training with remedial help such as literacy TITLE I—METROPOLITAN WASHINGTON District of Columbia public schools; and services; EDUCATION AND WORKFORCE TRAIN- (B) provide resources to carry out the ac- (6) establishing model benchmarks to be ING GRANTS tivities of a Washington metropolitan part- used in the development of rigorous edu- Sec. 101. Definitions. nership as described in title I. cation and workforce training curricula; September 30, 1997 CONGRESSIONAL RECORD — SENATE S10235

(7) providing for both annual and long-term (4) DECREASE IN FEDERAL SUPPORT.—If the the same manner as the original appoint- evaluation and assessment of other edu- amount made available for covered activities ment. Any member appointed to fill such a cation and workforce training activities de- under this title for a fiscal year is less than vacancy shall serve for the remainder of the scribed in this subsection, including evalua- the amount made available for the activities term for which the predecessor of such mem- tion and assessment of— under this title the preceding fiscal year, ber was appointed. (A) the degree to which expenditures of then the fiscal effort per participant or the (4) DUTIES AND POWERS OF THE METROPOLI- funds made available through the grant re- aggregate expenditures of the agency or or- TAN BOARD.—The Metropolitan Board shall— sult in improvements in the activities; ganization required by paragraph (2) for the (A) provide advice to the Secretary of (B) the extent to which the activities suc- preceding fiscal year shall be decreased by Labor and the Secretary of Education re- ceed in preparing participants for entry into the same percentage as the percentage de- garding reviewing and approving applica- postsecondary education, further learning, crease in the amount so made available. tions, and making grants, described in sec- or high-skill, high-wage careers; (g) TECHNICAL ASSISTANCE FOR SKILL tion 102; and (C) the effect of benchmarks, performance STANDARDS AND METHODOLOGY.—If the Sec- (B) prepare and submit to the appropriate measures, and other measures of account- retaries make a grant to an agency or orga- committees of Congress an annual report on ability on the delivery of the activities; and nization under this section to establish the the activities of the Metropolitan Partner- (D) the extent to which vocational training standards and methodology described in sub- ship. enhances the employment and earning po- section (c)(7), the National Skill Standards (5) CHAIRPERSON.—The position of Chair- tential of participants, reduces income sup- Board established under section 503 of the person of the Metropolitan Board shall ro- port costs, and increases the level of employ- National Skill Standards Act of 1994 (29 tate annually among the appointed members ment in the metropolitan region; U.S.C. 5933) shall provide technical assist- described in paragraph (1)(A). (8) assisting in the development of individ- ance to the agency or organization. (6) MEETINGS.—The Metropolitan Board ual mentoring and parental involvement pro- SEC. 103. METROPOLITAN PARTNERSHIP. shall meet at the call of the Chairperson but not less often than 4 times during each cal- grams and career path records for elemen- (a) ESTABLISHMENT.—There is established tary and secondary school students; in the Department of Labor and the Depart- endar year. Seven members of the Metropoli- tan Board shall constitute a quorum. All de- (9) establishing— ment of Education a Metropolitan Washing- cisions of the Metropolitan Board with re- (A) voluntary skill standards for partici- ton Education and Workforce Training Part- spect to the exercise of the duties and powers pants in workforce training; and nership (referred to in this title as the ‘‘Met- of the Metropolitan Board shall be made by (B) a methodology to assess the partici- ropolitan Partnership’’), under the joint con- a majority vote of the members of the Met- pants and certify attainment of the stand- trol of the Secretary of Labor and the Sec- ropolitan Board. ards; retary of Education. (7) COMPENSATION AND TRAVEL EXPENSES.— (10) assessing the need for, and utilization (b) ADMINISTRATION.—Notwithstanding the (A) COMPENSATION.—Members of the Metro- of, educational technology in the metropoli- Department of Education Organization Act politan Board shall serve without compensa- tan region, including assessment of the po- (20 U.S.C. 3401 et seq.), the General Edu- tion. Notwithstanding section 1342 of title 31, tential for linkages among— cation Provisions Act (20 U.S.C. 1221 et seq.), United States Code, the Secretaries may ac- (A) elementary schools or secondary the Act entitled ‘‘An Act To Create a De- cept the voluntary and uncompensated serv- schools; partment of Labor’’, approved March 4, 1913 ices of members of the Metropolitan Board. (B) workforce training providers; and (29 U.S.C. 551 et seq.), and section 169 of the (B) EXPENSES.—The members of the Metro- (C) businesses; Job Training Partnership Act (29 U.S.C. politan Board shall be allowed travel ex- (11) improving educational technology in 1579), the Secretaries shall provide for, and penses, including per diem in lieu of subsist- elementary schools or secondary schools; or exercise final authority over, the effective ence, at rates authorized for employees of (12) providing resources to extend a school and efficient administration of this title and agencies under subchapter I of chapter 57 of year or school day for any elementary school the officers and employees of the Metropoli- title 5, United States Code, while away from or secondary school that elects to make such tan Partnership. their homes or regular places of business in an extension. (c) RESPONSIBILITIES OF SECRETARIES.—The the performance of services for the Metro- (d) APPLICATION.—To be eligible to receive Secretaries, working through the Metropoli- politan Board. tan Partnership, shall approve the applica- a grant under this section, an agency or or- (8) DATE OF APPOINTMENT.—The Metropoli- ganization shall submit an application to the tions, and make the grants, described in sec- tan Board shall be appointed not later than Secretaries at such time, in such manner, tion 102. 120 days after the date of enactment of this and containing such information as the Sec- SEC. 104. METROPOLITAN BOARD. Act. retaries may require. (a) METROPOLITAN BOARD.— (9) NONTERMINATION OF BOARD.—Section 14 (e) DISTRIBUTION OF FUNDS.— (1) COMPOSITION.—There is established, in of the Federal Advisory Committee Act shall (1) IN GENERAL.—In making grants under the Metropolitan Partnership, a Metropoli- not apply to the Metropolitan Board. subsection (a), the Secretaries shall, to the tan Washington Education and Workforce (b) DIRECTOR.— extent practicable, ensure that the funds Training Board (referred to in this title as (1) IN GENERAL.—There shall be in the Met- made available through the grants are equi- the ‘‘Metropolitan Board’’) that shall be ropolitan Partnership a Director, who shall tably distributed among the jurisdictions in composed of 13 individuals, including— be appointed by the President, by and with the metropolitan region. (A) 7 individuals who are representative of the advice and consent of the Senate. (2) SPECIAL RULE FOR THE DISTRICT OF CO- business and industry in the metropolitan (2) COMPENSATION.—The Director shall be LUMBIA.—Any grants awarded to District of region, appointed by the President; compensated at the rate provided for level IV Columbia public schools under this section (B) 3 individuals who are representative of of the Executive Schedule under section 5315 shall be expended in a manner consistent providers of secondary education, post- of title 5, United States Code. with section 2101(b)(1) of Public Law 104–134. secondary education, and workforce training (3) DUTIES.—The Director shall carry out (f) MAINTENANCE OF EFFORT.— in the metropolitan region, appointed by the the administrative duties of the Metropoli- (1) DEFINITION.—As used in this subsection, President; and tan Partnership. the term ‘‘covered activities’’ means edu- (C) 3 individuals who are representative of (4) DATE OF APPOINTMENT.—The Director cation and workforce training activities de- local government officers and employees in shall be appointed not later than 120 days scribed in subsection (c) and carried out in the metropolitan region, including at least 1 after the date of enactment of this Act. the District of Columbia. representative of a local government in (c) PERSONNEL.— (2) IN GENERAL.—Except as provided in Maryland, 1 representative of a local govern- (1) APPOINTMENTS.—The Director may ap- paragraphs (3) and (4), no payments shall be ment in Virginia, and 1 representative of the point and fix the compensation of 2 employ- made under this title for any fiscal year to local government of the District of Colum- ees to carry out the functions of the Metro- an agency or organization for covered activi- bia, appointed by the President. politan Partnership. Except as otherwise ties, unless the Secretaries determine that (2) TERMS.—Each member of the Metropoli- provided by law, such employees shall be ap- the fiscal effort per participant or the aggre- tan Board shall serve for a term of 3 years, pointed in accordance with the civil service gate expenditures of the agency or organiza- except that, as designated by the President— laws and their compensation fixed in accord- tion for the activities for the fiscal year pre- (A) 5 of the members first appointed to the ance with title 5, United States Code. ceding the fiscal year for which the deter- Metropolitan Board shall serve for a term of (2) EXPERTS AND CONSULTANTS.—The Direc- mination is made, equaled or exceeded the 2 years; tor may obtain the services of experts and effort or expenditures for the activities for (B) 4 of the members first appointed to the consultants in accordance with section 3109 the second fiscal year preceding the fiscal Metropolitan Board shall serve for a term of of title 5, United States Code, and com- year for which the determination is made. 3 years; and pensate such experts and consultants for (3) COMPUTATION.—In computing the fiscal (C) 4 of the members first appointed to the each day (including travel time) at rates not effort or aggregate expenditures pursuant to Metropolitan Board shall serve for a term of in excess of the rate of pay for level IV of the paragraph (2), the Secretaries shall exclude 4 years. Executive Schedule under section 5315 of capital expenditures, special one-time (3) VACANCIES.—Any vacancy in the Metro- such title. The Director may pay experts and project costs, similar windfalls, and the cost politan Board shall not affect the powers of consultants who are serving away from their of pilot programs. the Metropolitan Board, but shall be filled in homes or regular places of business travel S10236 CONGRESSIONAL RECORD — SENATE September 30, 1997 expenses and per diem in lieu of subsistence to the gross income of such nonresident from to their distributive share, whether distrib- at rates authorized by sections 5702 and 5703 all sources. uted or not, of the net income of such unin- of such title for persons in Government serv- ‘‘(c) In computing taxable income for pur- corporated business derived from sources ice employed intermittently. poses of this title, there shall be allowed to within the District within the meaning of (3) DETAIL OF GOVERNMENT EMPLOYEES.— nonresidents as credits against net income title X of this article. If an individual enti- Any Federal Government employee may be the personal exemptions allowed to residents tled to a distributive share of such net in- detailed to the Metropolitan Partnership under section 2 of title VI. come of an unincorporated business com- without reimbursement, and such detail ‘‘SEC. 2. LIMITATION ON AUTHORITY OF THE putes his income tax under this article upon shall be without interruption or loss of civil COUNCIL TO REVISE TAX ON NONRESIDENTS.— the basis of a period different from that upon service or privilege. The Council of the District of Columbia may the basis of which the net income of the un- (4) USE OF VOLUNTARY AND UNCOMPENSATED not— incorporated business is computed, then his SERVICES.—Notwithstanding section 1342 of ‘‘(1) amend or otherwise revise this title so distributive share of the net income of the title 31, United States Code, the Secretary of as to impose any additional or greater tax on unincorporated business for any accounting Labor and the Secretary of Education are the whole or any portion of the personal in- period of the unincorporated business ending authorized to accept voluntary and uncom- come of any nonresident unless at the same within the taxable year upon the basis of pensated services in furtherance of the objec- time it also amends or revises title VI of this which such individual’s income tax is com- tives of this title. article so as to impose the same proportion puted shall be included in computing such tax. (5) MONETARY CONTRIBUTIONS.—Notwith- of additional or greater tax on the whole or ‘‘(b) If the deductions which are allowed or standing any other provision of law, the Met- portion of the personal income of any resi- dent as was imposed on the whole or portion allowable to an unincorporated business ropolitan Partnership may accept monetary under section 3(a) of title III of this article contributions to defray expenses. of the personal income of a nonresident; or ‘‘(2) provide any deductions or personal ex- exceed the gross income of such unincor- TITLE II—METROPOLITAN WASHINGTON emptions to residents which are not also porated business derived from sources within EDUCATION AND WORKFORCE TRAIN- available, in accordance with section 1 of the District within the meaning of title X of ING TAX this title, in the case of nonresidents. this article, the distributive shares of such SEC. 201. TAX ON INCOME OF NONRESIDENTS. ‘‘SEC. 3. DISPOSITION OF REVENUES.—The excess deductions shall be allowed as deduc- (a) DEFINITION.— District of Columbia shall allocate the reve- tions to the individuals entitled thereto in (1) IN GENERAL.—Title III of the District of nues received under this title as follows: determining their individual tax liability Columbia Income and Franchise Tax Act of ‘‘(1) One-third of the revenues shall be under title VI of this article in the case of 1947 (D.C. Code, secs. 47–1803.1—47–1803.2) is transferred to the District of Columbia Fi- residents and under title XVII of this article amended by adding at the end thereof the nancial Responsibility and Management As- in the case of nonresidents, except that in following new section: sistance Authority for the purpose of funding the case of a nonresident such excess deduc- ‘‘SEC. 4. GROSS INCOME AND EXCLUSION the repair and modernization of public tions shall be allowed to the nonresident only to the extent provided in section 1(b) of THEREFROM IN THE CASE OF NONRESIDENTS.— schools in the District of Columbia. such title XVII. If an individual entitled to a (a) In the case of nonresidents, the words ‘‘(2) Two-thirds of the revenues shall be distributive share of the excess deductions of ‘gross income’ shall include— transferred to the Metropolitan Washington an unincorporated business computes his in- ‘‘(1) gains, profits, and income derived from Education and Workforce Training Trust come tax under this article upon the basis of salaries, wages, or compensation for personal Fund established by section 208 of the Metro- a period different from that upon the basis of services performed within the District of politan Washington Education and which the net income of the unincorporated whatever kind and in whatever form paid, in- Workforce Training Improvement Act of cluding salaries, wages, and compensation business is computed, then his distributive 1997.’’. share of the excess deductions of the unin- paid by the United States to its officers and (2) PHASE-IN OF TAX.—The income tax im- employees, or income derived from any trade corporated business for any accounting pe- posed by title XVII of the District of Colum- riod of the unincorporated business ending or business carried on within the District bia Income and Franchise Tax Act of 1947 (as within the meaning of title X of this article within the taxable year upon the basis of added by paragraph (1) of this subsection) which such individual’s income tax is com- or sales or dealings in property located with- shall be phased in as follows: in the District, whether real or personal, in- puted shall be included in computing such (A) In the calendar year beginning after tax. cluding capital assets as defined in this arti- the date of enactment of this Act, the rate cle, growing out of the ownership, or sale of, ‘‘(c) In computing the net income or the shall be 1⁄2 of the rate imposed and revenues excess deductions of an unincorporated busi- or interest in, such property; and received shall be expended as provided in sec- ‘‘(2) income derived from rent, on such ness for purposes of this title, the full tion 3(1) of title XVII. amount of the deductions described in sec- property located within the District, or (B) In the calendar year beginning after tion 3(a) of title III of this article shall be al- transactions of any trade or business carried the calendar year referred to in subpara- lowed to such unincorporated business not- on within the District within the meaning of graph (A), the rate shall be the full rate im- withstanding that a nonresident may be en- title X of this article for gain or profit, or posed and revenues received shall be ex- titled to a distributive share of such net in- gains or profits. pended 1⁄3 as provided in section 3(1) and 2⁄3 as ‘‘(b) In the case of nonresidents, the words come or excess deductions.’’. provided in section 3(2) of title XVII. (b) CONFORMING AMENDMENTS.— ‘gross income’ shall not include any of the (3) EXISTING TAX ON NONRESIDENTS.—Title (1)(A) Section 1 of title III of such Act income described in subsection (b) of section VI of such Act is amended— (D.C. Code, sec. 47–1803.1) is amended by in- 2 of this title.’’. (A) in the title heading, by striking out serting ‘‘or unincorporated business, as the (2) CONFORMING AMENDMENT.—Section 2 of ‘‘AND NONRESIDENTS’’; and case may be,’’ immediately after ‘‘tax- such title III (D.C. Code, sec. 47–1803.2) is (B) in section 1 (D.C. Code, sec. 47–1806.1)— payer’’. amended by striking out ‘‘.—(a) The’’ and in- (i) by striking out ‘‘every resident’’ and in- (B) Paragraph (11) of section 3(a) of such serting in lieu thereof ‘‘IN THE CASE OF RESI- serting in lieu thereof ‘‘an individual’’, and title (D.C. Code, sec. 47–1803.3(a)(11)) is DENTS.—(a) In the case of residents, the’’. (ii) by inserting ‘‘in the case of residents amended to read as follows: (b) INCOME TAX ON NONRESIDENTS.— and by section 1(c) of title XVII in the case ‘‘(11) REASONABLE ALLOWANCE FOR SAL- (1) IN GENERAL.—The District of Columbia of nonresidents’’ immediately after ‘‘this ARY.—A reasonable allowance for salaries or Income and Franchise Tax Act of 1947 (D.C. title’’. other compensation for personal services ac- Code, secs. 47–1801.1—47–1816.3) is amended by tually rendered. Nothing in this paragraph adding at the end thereof the following new SEC. 202. REPEAL OF UNINCORPORATED BUSI- NESS TAX. shall be construed to exempt any salary or title: (a) IN GENERAL.—Title VIII of the District other compensation for personal services ‘‘TITLE XVII—INCOME TAX ON NONRESIDENTS of Columbia Income and Franchise Tax Act from taxation as part of the taxable income ‘‘SEC. 1. INCOME TAX ON NONRESIDENTS.—(a) of 1947 (D.C. Code, secs. 47–1808.1—47–1808.7) is of the person receiving such salary or other For each taxable year, there is imposed on amended— compensation.’’. the taxable income of each nonresident an (1) in the title heading, by striking out (C) Such section 3(a) (D.C. Code, sec. 47– income tax determined at a rate equal to ‘‘TAX ON’’ and inserting in lieu thereof ‘‘NET 1803.3(a)) is further amended by adding at the one-third of the rate applicable in the case of INCOME OF’’; and end thereof the following new paragraph: a resident under title VI of this article. (2) by repealing sections 2 through 6 and ‘‘(15) EXCESS DEDUCTIONS OF AN UNINCOR- ‘‘(b) In computing the net income of a non- inserting in lieu thereof the following: PORATED BUSINESS.—In the case of an individ- resident for purposes of this title, such non- ‘‘SEC. 2. NET INCOME OF UNINCORPORATED ual, the distributive share of any excess de- resident shall be allowed a deduction equal BUSINESSES.—(a) An unincorporated business ductions for an unincorporated business to to that portion of the deductions which as such shall not be subject to tax under this which the individual is entitled under sec- would be allowed under any paragraph of sec- article. Individuals carrying on a trade or tion 2(b) of title VIII of this article.’’. tion 3(a) of title III of this article to the non- business as an unincorporated business shall (D) Paragraph (5) of section 3(b) of such resident if such nonresident were a resident be liable in their individual capacity, under title (D.C. Code, sec. 47–1803.3(b)(5)) is re- which bears the same ratio to the sum of title VI of this article in the case of resi- pealed. such deductions as the income of such non- dents and under title XVII of this article in (2)(A) Paragraph (f) of such section (D.C. resident subject to tax under this title bears the case of nonresidents, for tax with respect Code, sec. 47–1805.2(6)) is amended— September 30, 1997 CONGRESSIONAL RECORD — SENATE S10237 (i) in the first sentence, by striking out amount of the personal exemptions to which SEC. 205. TECHNICAL AMENDMENT. ‘‘having a gross income of more than $12,000, he is entitled under this article plus $5,000; The table of contents for the District of regardless of whether or not it has a net in- or Columbia Revenue Act of 1947 (article I of come’’; and ‘‘(ii) the gross income can reasonably be which constitutes the District of Columbia (ii) in the second sentence, by striking out expected to include more than $1,000 which is Income and Franchise Tax Act of 1947) is ‘‘the taxpayer or taxpayers liable for pay- not subject to the withholding provisions of amended as follows: ment of the tax’’ and inserting in lieu there- this article, and can reasonably be expected (1)(A) In the item relating to section 2 of of ‘‘the individual or individuals who would to exceed the personal exemptions to which title III of article I, insert ‘‘in the case of be entitled to share in the net income of the he is entitled under this article, plus $500. residents’’ immediately before the period. unincorporated business, if distributed, and ‘‘(B) Every person not residing or domi- (B) Immediately after the item relating to shall include the name and address of each ciled in the District at the times prescribed section 3(b) of such title, insert the follow- such individual and the amount of the dis- in paragraph (4) of this subsection shall, at ing: tributive share of each such individual in the such times, make a declaration of his esti- ‘‘Sec. 4. Gross income and exclusion there- net income of the unincorporated business mated tax for the taxable year if such person from in the case of non- or, if the allowable deductions of the unin- can reasonably be expected to have more residents.’’. than $4,500 in taxable income, as determined corporated business exceed its gross income, (2) In the item relating to the title heading the allocation among such individuals of under section 1 of title XVII of this article, for title VI of article I, striking out ‘‘AND such excess allowable deductions’’. for the taxable year which is not subject to NONRESIDENTS’’. (B) Paragraph (g) of such section (D.C. withholding under the regulations promul- gated by the Council of the District of Co- (3)(A) In the item relating to the title Code, sec. 47–1805.2(7)) is amended by striking heading for title VIII of article I, strike out out ‘‘other than partnerships subject to the lumbia pursuant to the first sentence of sub- ‘‘TAX ON’’ and insert in lieu thereof ‘‘NET IN- taxes imposed by title VIII of this article on section (b). ‘‘(C) Under this article, a declaration of es- COME OF’’. unincorporated businesses, engaged in any timated tax shall be considered a return of (B) Strike out the items relating to sec- trade or business, or’’ and inserting in lieu income.’’. tions 2 through 6 of such title VIII and insert thereof ‘‘not required to file a return under (b) FEDERAL WITHHOLDING.—Section 5516(a) in lieu thereof the following: paragraph (f), which is’’. of title 5, United States Code, is amended to (3) Section 1 of title VI of such Act (D.C. ‘‘Sec. 2. Net income of unincorporated busi- read as follows: nesses.’’. Code, sec. 47–1806.1) is amended by striking ‘‘(a)(1) The Secretary of the Treasury, out ‘‘and that portion of the entire net in- under regulations prescribed by the Presi- (4)(A) In the item relating to subsection 14 come of every nonresident which is subject dent, shall enter into an agreement with the of title XII of article I, strike out ‘‘and unin- to tax under title VIII of this article’’. District of Columbia Financial Responsibil- corporated businesses’’. (4) Section 1 of title X of such Act (D.C. ity and Management Assistance Authority, (B) In the item relating to subsection (b) of Code, sec. 47–1810.1) is amended by striking which agreement shall provide that the head such section, strike out ‘‘or unincorporated ‘‘and (2) a franchise tax upon every corpora- of each agency of the United States shall business’’. tion and unincorporated business’’ and in- comply with the requirements of the District (5) Immediately after the item relating to serting ‘‘(2) an income tax on certain income of Columbia Income and Franchise Tax Act title XVI of article I, insert the following of nonresidents which is derived from of 1947 in the case of employees of the agency new item: sources within the District, and (3) a fran- who are subject to income taxes imposed by ‘‘TITLE XVII—INCOME TAX ON chise tax upon every corporation’’. such Act and whose regular place of employ- NONRESIDENTS (5)(A) Section 8(a) of title XII of such Act ment is within the District of Columbia. The ‘‘Sec. 1. Income tax on nonresidents. (D.C. Code, sec. 47–1812.8(a)) is amended by agreement may not apply to pay for service ‘‘Sec. 2. Limitation on authority of the striking out ‘‘or unincorporated business’’ as a member of the Armed Forces. Council to revise tax on non- ‘‘(2) For purposes of this section— each place it appears. residents.’’. ‘‘(A) the term ‘agency’ means— (B) Section 14 of such title (D.C. Code, sec. SEC. 206. RECIPROCAL TAX COLLECTION. 47–1812.14–1) is amended— ‘‘(i) any executive agency, including any independent establishment or wholly owned (a) IN GENERAL.—Any State, territory, or (i) in the section caption, by striking out possession, by and through its lawfully au- ‘‘AND UNINCORPORATED BUSINESSES’’; instrumentality of the Federal Government; ‘‘(ii) the Administrative Office of the Unit- thorized officials, shall have the right to sue (ii) in the first sentence of subsection (a), in the Superior Court of the District of Co- by striking out ‘‘and unincorporated busi- ed States Courts; ‘‘(iii) the General Accounting Office; lumbia to recover any tax lawfully due and ness’’; and owing to it when the reciprocal right is ac- (iii) in subsection (b)— ‘‘(iv) the Library of Congress; ‘‘(v) the Botanic Garden; corded to the District by such State, terri- (I) in the subsection caption, by striking tory, or possession, whether such right is out ‘‘OR UNINCORPORATED BUSINESS’’, and ‘‘(vi) the Government Printing Office; and ‘‘(vii) the Office of the Architect of the granted by statutory authority or as a mat- (II) in paragraph (1), by striking out ‘‘or an ter of comity. unincorporated business’’. Capitol; and ‘‘(B) the term ‘employee’ means any em- (b) PROOF.—The certificate of the Sec- (6) The first sentence of section 1(a) of title retary of State or other authorized official of XIV of such Act (D.C. Code, sec. 47–1814.1(a)) ployee and any officer of the United States and includes the President and Vice Presi- any State, territory, or possession, or sub- is amended by striking out ‘‘which is ex- division thereof, to the effect that the offi- cluded from the imposition of the District of dent and any justice or judge of the United States.’’. cial instituting the suit for collection of Columbia tax on unincorporated businesses taxes in the Superior Court of the District of SEC. 204. CREDIT FOR STATE INCOME TAX PAY- under the definition set forth in section 1 of Columbia has the authority to institute such title VIII of this article’’. MENTS. Section 5(a) of title VI of the District of suit and collect such taxes shall be conclu- SEC. 203. WITHHOLDING AND RETURNS. Columbia Income and Franchise Tax Act of sive proof of that authority. (a) WITHHOLDING.— 1947 (D.C. Code, sec. 47–1806.4(a)), as amended (c) DEFINITION.—For the purposes of this (1) Section 8(b)(1) of title XII of the Dis- by section 3(b)(3)(B) of this Act, is further section, the term ‘‘taxes’’ includes— trict of Columbia Income and Franchise Tax amended— (1) any and all tax assessments lawfully Act of 1947 (D.C. Code, sec. 47–1812.8(b)(1)) is (1) by inserting ‘‘(1)’’ immediately before made, whether they be based upon a return amended by inserting before the first sen- ‘‘The’’ in the first sentence; and or other disclosure of the taxpayer, or upon tence the following: ‘‘Every employer mak- (2) by adding at the end thereof the follow- the information and belief of the taxing au- ing payment of wages to a nonresident shall ing new paragraph: thority, or otherwise; deduct and withhold a tax upon such wages ‘‘(2) If any income of a resident which is (2) any and all penalties lawfully imposed in accordance with regulations which the subject to taxation under this title is also pursuant to a taxing statute, ordinance, or Council of the District of Columbia shall pro- subject to an income tax under the laws of regulation; and mulgate.’’. another State, the income tax payable on (3) interest charges lawfully added to the (2) Section 8(i)(1) of such title (D.C. Code, such income to such other State shall be al- tax liability which constitutes the subject of sec. 47–1812.8(i)(1)) is amended to read as fol- lowed as a credit to the resident against the the suit. lows: tax imposed by this title, except that (A) the (d) AUTHORIZATION OF SUIT.—The Corpora- ‘‘(1)(A) Every person residing or domiciled credit allowed under this paragraph may not tion Council or any of his assistants is au- in the District at the times prescribed in exceed the amount of tax which would be thorized to bring suit in the name of the Dis- paragraph (4) of this subsection shall, at payable under this title on such income, and trict of Columbia in the courts of States, ter- such times, make a declaration of his esti- (B) no credit shall be allowed under this ritories, and possessions, and subdivisions mated tax for the taxable year if— paragraph if the other State allows a credit thereof, to collect taxes lawfully due the Dis- ‘‘(i) the gross income for the taxable year against the income tax imposed by such trict. The District of Columbia Financial Re- can reasonably be expected to consist of State for the tax paid under this title. Proof sponsibility and Management Assistance Au- wages and of not more than $1,000 from of payment of income tax to another State thority is authorized to procure professional sources other than such wages, and can rea- shall be required before credit for such tax is and other services, at such rates as may be sonably be expected to exceed the total allowed under this paragraph.’’. usual and customary for such services in the S10238 CONGRESSIONAL RECORD — SENATE September 30, 1997 jurisdiction concerned, when he deems it Fund) may be sold by the Secretary of the ‘‘2915.8 This section shall not apply to any necessary for the prosecution of any suit au- Treasury at the market price, and such spe- sign on property adjacent to an interstate thorized by this section. cial obligations may be redeemed at par plus highway. SEC. 207. METROPOLITAN WASHINGTON EDU- accrued interest. ‘‘2915.9 This section shall not apply to any CATION AND WORKFORCE TRAINING (3) CREDITS TO TRUST FUND.—The interest sign located in a commercial or industrial TRUST FUND. on, and the proceeds from the sale or re- zone. (a) ESTABLISHMENT.—There is established demption of, any obligations held in the ‘‘2915.10 Any person who violates any provi- in the Treasury of the United States a trust Trust Fund shall be credited to and form a sion of this section shall be fined $500. Every fund, to be known as the Metropolitan Wash- part of the Trust Fund. person shall be deemed guilty of a separate ington Education and Workforce Training (d) OBLIGATIONS FROM TRUST FUND.—The offense for every day that violation contin- Trust Fund (hereafter in this section re- Secretary of Labor and the Secretary of Edu- ues.’’. ferred to as the ‘‘Trust Fund’’), consisting of cation are authorized to obligate such sums (b) The amendment made by subsection (a) such amounts as are transferred to the Trust as are available in the Trust Fund (including shall take effect 180 days after the date of Fund under subsection (b)(1) of this section any amounts not obligated in previous fiscal enactment of this Act. and any interest earned on investment of years) for grants as provided in section 101 of amounts in the Trust Fund under subsection this division. AMENDMENT NO. 1268 (c)(2) of this section. (e) REPORT TO CONGRESS.—It shall be the duty of the Secretary of the Treasury to hold On page 49, between lines 13 and 14, insert (b) TRANSFER OF AMOUNTS EQUIVALENT TO the Trust Fund, and (after consultation with the following: CERTAIN TARIFFS.— the Secretary of Labor or the regional au- SEC. 148. There are appropriated from ap- (1) IN GENERAL.—The District of Columbia thority, as appropriate) to report to the Con- plicable funds of the District of Columbia Financial Responsibility and Management gress each year on the financial condition such sums as may be necessary to hire 12 ad- Assistance Authority shall transfer to the and the results of the operations of the Trust ditional inspectors for the Alcoholic Bev- Trust Fund an amount equal to 2⁄3 of the rev- Fund during the preceding fiscal year and on erage Control Board. Of the additional in- enues received by the District of Columbia its expected condition and operations during spectors, 6 shall focus their responsibilities from the tax imposed by title XVII of the the next fiscal year. Such report shall be on the enforcement of laws relating to the District of Columbia Income and Franchise printed as both a House and Senate docu- sale of alcohol to minors. Tax Act of 1947 (as added by section 201 of ment of the session of the Congress to which this division). the report is made. AMENDMENT NO. 1269 (2) EFFECTIVE DATE.—The transfers re- SEC. 208. EFFECTIVE DATE. quired by paragraph (1) shall begin at the At the appropriate place, insert the follow- The amendments made by this title and end of the first quarter of the calendar year ing: this title shall take effect at the beginning beginning after the calendar year referred to SEC. . (a) Not later than 6 months after of the calendar year beginning after the date in section 201(b)(2)(A). the date of enactment of this Act, the Gen- of enactment of this Act, and shall apply eral Accounting Office shall conduct and (3) TRANSFERS BASED ON ESTIMATES.—The with respect to taxable years beginning on or submit to Congress a study of— amounts required to be transferred to the after such date. Trust Fund under paragraph (1) shall be (1) the District of Columbia’s alcoholic transferred at least quarterly from the Dis- beverage tax structure and its relation to trict of Columbia to the Trust Fund on the BYRD AMENDMENTS NOS. 1267–1269 surrounding jurisdictions; basis of estimates made by the District of Mr. BYRD proposed three amend- (2) the effects of the District of Columbia’s Columbia Financial Responsibility and Man- lower excise taxes on alcoholic beverages on ments to the bill, S. 1156, supra; as fol- consumption of alcoholic beverages in the agement Assistance Authority. Proper ad- lows: justment shall be made in amounts subse- District of Columbia; AMENDMENT NO. 1267 quently transferred to the extent prior esti- (3) ways in which the District of Colum- mates were in excess of or less than the At the appropriate place, insert the follow- bia’s tax structure can be revised to bring it amounts required to be transferred. ing: into conformity with the higher levels in SEC. . (a) Chapter 29 of title 12A of the surrounding jurisdictions; and (c) INVESTMENT OF TRUST FUND.— District of Columbia Municipal Regulations (4) ways in which those increased revenues (1) IN GENERAL.—It shall be the duty of the (D.C. Building Code Supplement of 1992; 39 Secretary of the Treasury to invest such por- can be used to lower consumption and pro- DCR 8833) is amended by adding the follow- mote abstention from alcohol among young tion of the Trust Fund as is not, in the Sec- ing 2 new sections 2915 and 2916 to read as retary’s judgment, required to meet current people. follows: (b) The study should consider whether— withdrawals. Such investments may be made ‘‘Section 2915.0 Alcoholic Beverage Adver- only in interest-bearing obligations of the (1) alcohol is being sold in proximity to tisements. schools and other areas where children are United States or in obligations guaranteed ‘‘2915.1 Notwithstanding any other law or as to both principal and interest by the Unit- likely to be; and regulation, no person may place any sign, (2) creation of alcohol free zones in areas ed States. For such purpose, such obligations poster, placard, device, graphic display, or may be acquired— frequented by children would be useful in de- any other form of alcoholic beverage adver- terring underage alcohol consumption. (A) on original issue at the issue price, or tisements in publicly visible locations. For (B) by purchase of outstanding obligations the purposes of this section ‘publicly visible f at the market price. location’ includes outdoor billboards, sides THE ENERGY POLICY AND CON- The purposes for which obligations of the of buildings, and freestanding signboards. ‘‘2915.2 This section shall not apply to the SERVATION ACT EXTENSION ACT United States may be issued under chapter OF 1997 31 of title 31, of the United States Code, are placement of signs, including advertise- hereby extended to authorize the issuance at ments, inside any licensed premises used by par of special obligations exclusively to the a holder of a licensed premises, on commer- Trust Fund. Such special obligations shall cial vehicles used for transporting alcoholic MURKOWSKI AMENDMENT NO. 1270 beverages, or in conjunction with a one-day bear interest at a rate equal to the average Mr. LOTT (for Mr. MURKOWSKI) pro- alcoholic beverage license or a temporary li- rate of interest, computed as to the end of posed an amendment to the bill (H.R. the calendar month next preceding the date cense. ‘‘2915.3 This section shall not apply to any 2472) to extend certain programs under of such issue, borne by all marketable inter- the Energy Policy and Conservation est-bearing obligations of the United States sign that contains the name or slogan of the licensed premises that has been placed for then forming a part of the Public Debt; ex- Act; as follows: the purpose of identifying the licensed prem- cept that where such average rate is not a Strike all after the enacting clause and in- ises. sert in lieu thereof: multiple of one-eighth of 1 percent, the rate ‘’2915.4 This section shall not apply to any of interest of such special obligations shall sign that contains a generic description of ‘‘SECTION 1. ENERGY POLICY AND CONSERVA- TION ACT AMENDMENTS. be the multiple of one-eighth of 1 percent beer, wine, liquor, or spirits, or any other ge- next lower than such average rate. Such spe- neric description of alcoholic beverages. ‘‘The Energy Policy and Conservation Act cial obligations shall be issued only if the ‘‘2915.5 This section shall not apply to any is amended— Secretary of the Treasury determines that neon or electrically charged sign on a li- ‘‘(1) in section 166 (42 U.S.C. 6246) by strik- the purchase of other interest-bearing obli- censed premises that is provided as part of a ing ‘‘for fiscal year’’ and inserting in lieu gations of the United States, or of obliga- promotion of a particular brand of alcoholic thereof ‘‘through October 31,’’; tions guaranteed as to both principal and in- beverages. ‘‘(2) in section 181 (42 U.S.C. 6251) by strik- terest by the United States on original issue ‘‘2915.6 This section shall not apply to any ing ‘‘September 30’’ both places it appears or at the market price, is not in the public sign on a WMATA public transit vehicle or a and inserting in lieu thereof ‘‘October 31’’; interest. taxicab. and (2) SALE OF OBLIGATION.—Any obligation ‘‘2915.7 This section shall not apply to any ‘‘(3) in section 281 (42 U.S.C. 6285) by strik- acquired by the Trust Fund (except special sign on property owned, leased, or operated ing ‘‘September 30’’ both places it appears obligations issued exclusively to the Trust by the Armory Board. and inserting in lieu thereof ‘‘October 31’’.’’. September 30, 1997 CONGRESSIONAL RECORD — SENATE S10239 NOTICE OF HEARING Dennis Dollar, of Mississippi, to be a p.m. in room 226 of the Senate Dirksen

SUBCOMMITTEE ON WATER AND POWER member of the National Credit Union Office Building to hold a hearing on the Mr. KYL. Mr. President. I previously Administration Board; Edward M. nomination of Raymond C. Fisher, Jr., announced for the benefit of Members Gramlich, of Virginia, to be a member of California, to be Associate Attorney and the public that the Subcommittee of the Board of Governors of the Fed- General. on Water and Power of the Committee eral Reserve; Roger Walton Ferguson, The PRESIDING OFFICER. Without on Energy and Natural Resources of Massachusetts, to be a member of objection, it is so ordered. scheduled a hearing to receive testi- the Board of Governors of the Federal COMMITTEE ON THE JUDICIARY mony on the following measures: Reserve; and Ellen Seidman, of the Dis- Mr. MACK. Mr. President, I ask S. 725—To direct the Secretary of the trict of Columbia, to be a director of unanimous consent that the Commit- Interior to convey the Collbran Rec- thrift supervision. tee on the Judiciary be authorized to The PRESIDING OFFICER. Without lamation Project to the Ute Water meet during the session of the Senate objection, it is so ordered. Conservancy District and the Collbran on Tuesday, September 30, 1997 at 3 Conservancy District; COMMITTEE ON ENERGY AND NATURAL p.m. in room 226 of the Senate Dirksen S. 777—To authorize the construction RESOURCES Office Building to hold a Judicial of the Lewis and Clark Rural Water Mr. MACK. Mr. President, I ask Nominations hearing. System and to authorize assistance to unanimous consent the Committee on The PRESIDING OFFICER. Without the Lewis and Clark Rural Water Sys- Energy and Natural Resources be objection, it is so ordered. granted permission to meet during the tem, Inc., a nonprofit corporation, for SUBCOMMITTEE ON CONSTITUTION, FEDERALISM, the planning and construction of the session of the Senate on Tuesday, Sep- AND PROPERTY RIGHTS water supply system, and for other pur- tember 30, for purposes of conducting a Mr. MACK. Mr. President, I ask poses; full committee hearing which is sched- unanimous consent that the Sub- H.R. 848—To extend the deadline uled to begin at 9:30 a.m. The purpose committee on Constitution, Federal- under the Federal Power Act applicable of this oversight hearing is to receive ism, and Property Rights of the Senate to the construction of the AuSable Hy- testimony on the impact of a new cli- Committee on the Judiciary, be au- droelectric Project in New York, and mate treaty on U.S. labor, electricity thorized to meet during the session of for other purposes; supply, manufacturing, and the general the Senate on Tuesday, September 30, H.R. 1184—To extend the deadline economy. 1997, at 10:30 a.m. to hold a hearing in The PRESIDING OFFICER. Without under the Federal Power Act for the room 226, Senate Dirksen Building, on objection, it is so ordered. construction of the Bear Creek Hydro- ‘‘Unconstitutional Set-Asides: ISTEA’s electric Project in the State of Wash- COMMITTEE ON ENVIRONMENT AND PUBLIC Race-Based Set-Asides After ington, and for other purposes; and WORKS ADARAND.’’ H.R. 1217—To extend the deadline Mr. MACK. Mr. President, I ask The PRESIDING OFFICER. Without under the Federal Power Act for the unanimous consent that the full Com- objection, it is so ordered. mittee on Environment and Public construction of a hydroelectric project COMMITTEE ON COMMERCE, SCIENCE, AND Works be granted permission to meet in the State of Washington, and for TRANSPORTATION other purposes. to consider S. 1180, the Endangered Mr. FAIRCLOTH. Mr. President, I In addition to these bills the sub- Species Recovery Act of 1997, Tuesday, ask unanimous consent that the Com- committee will also consider S. 1230, a September 30, 9:30 a.m., Hearing Room mittee on Commerce, Science, and bill to amend the Small Reclamation (SD–406). Transportation be authorized to meet The PRESIDING OFFICER. Without Projects Act of 1956 to provide for Fed- on Tuesday, September 30, 1997, at 2:30 objection, it is so ordered. eral cooperation in non-Federal rec- p.m., on Fast Track. lamation projects and for participation COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without by non-Federal agencies in Federal Mr. MACK. Mr. President, I ask objection, it is so ordered. unanimous consent that the Commit- projects; and S. 841, to authorize con- f struction of the Fort Peck Reservation tee on Foreign Relations be authorized Rural Water System in the State of to meet during the session of the Sen- ADDITIONAL STATEMENTS Montana, and for other purposes. ate on Tuesday, September 30, 1997, at The hearing will take place on Tues- 4:00 p.m. to hold a House/Senate con- day, October 7, 1997, at 2 p.m. in room ference. NOMINATION OF BILL LANN LEE The PRESIDING OFFICER. Without SD–366 of the Dirksen Senate Office ∑ Mrs. BOXER. Mr. President, I take objection, it is so ordered. Building. the floor today to speak about the Those wishing to testify or submit COMMITTEE ON GOVERNMENTAL AFFAIRS nomination of Bill Lann Lee to be As- written statements for the record Mr. MACK. Mr. President, I ask sistant Attorney General for Civil should contact Betty Nevitt, Staff As- unanimous consent on behalf of the Rights at the Department of Justice. I sistant, at (202) 224–0765 or write to the Governmental Affairs Committee spe- urge the Judiciary Committee to act Subcommittee on Water and Power, cial investigation to meet on Tuesday, expeditiously on this nomination and Committee on Energy and Natural Re- September 30, at 10 a.m., for a hearing send it to the full Senate for a vote. sources, U.S. Senate, Washington, DC. on campaign financing issues. Bill Lann Lee brings outstanding f The PRESIDING OFFICER. Without legal, educational and personal creden- objection, it is so ordered. tials to this important position. Most AUTHORITY FOR COMMITTEES TO COMMITTEE ON LABOR AND HUMAN RESOURCES recently, he served as the western re- MEET Mr. MACK. Mr. President, I ask gional counsel for the NAACP Legal COMMITTEE ON BANKING, HOUSING, AND URBAN unanimous consent that the Commit- Defense and Education Fund. Mr. Lee AFFAIRS tee on Labor and Human Resources be is also regarded by many as a skilled Mr. MACK. Mr. President, I ask authorized to meet for a hearing on to- consensus-builder with a knack for unanimous consent that the Commit- bacco settlement during the session of finding pragmatic solutions, earning tee on Banking, Housing, and Urban the Senate on Tuesday, September 30, him praise from allies and adversaries Affairs be authorized to meet during 1997, at 10 a.m. alike. His numerous accomplishments the session of the Senate on Tuesday, The PRESIDING OFFICER. Without in litigation and over 20 years of expe- September 30, 1997, to conduct a hear- objection, it is so ordered. rience in civil rights work have estab- ing of the following nominees: Laura S. COMMITTEE ON THE JUDICIARY lished him as one of the most experi- Unger, of New York, to be a commis- Mr. MACK. Mr. President, I ask enced civil rights lawyers in the Na- sioner of the Securities and Exchange unanimous consent that the Commit- tion. Commission; Paul R. Carey, of New tee on the Judiciary be authorized to Bill Lee was inspired to become a York, to be a commissioner of the Se- meet during the session of the Senate civil rights lawyer by his father, who curities and Exchange Commission; on Tuesday, September 30, 1997 at 2 was subjected to discrimination in S10240 CONGRESSIONAL RECORD — SENATE September 30, 1997 housing and other areas because of his expectation that the Secretary of De- tankers for 9 years. Over the next 20 race, even after serving his country fense will not exercise the authority in years, Ellsworth Air Force Base be- loyally in the U.S. Army during World section 8123 with regard to the prod- came a vital component of our coun- War II. Witnessing this bigotry had a ucts enumerated by Senator SPECTER.∑ try’s defensive strategy as the 28th as- profound impact on young Bill. After f sumed the bomber role in the Strategic graduating from Columbia Law School Projection Force. The B–52 mission ex- 50TH ANNIVERSARY OF ELLS- in 1974, he entered the legal profession panded to include sea reconnaissance, WORTH AIR FORCE BASE’S 28TH with a passion for serving the public surveillance, and conventional oper- BOMB WING interest and advocating for civil rights. ations from forward bases, and Ells- Bill Lee will bring a passion and com- ∑ Mr. JOHNSON. Mr. President, I worth Air Force Base’s reach extended mitment to the cause of civil rights would like to take this opportunity to to a number of hot spots overseas. and equal treatment under law for all recognize the men and women of Ells- Don Strachan spent 10 years as a Americans. He is a tremendous role worth Air Force Base’s 28th Bomb member of the 28th Bomb Wing at Ells- model for all Americans who care Wing and join them in their celebra- worth Air Force Base. He recalls a time about civil rights. Early in life, he rec- tion of the Air Force’s and the bomb when the B–52’s participated in an op- ognized the importance of public serv- wing’s 50th anniversary. eration titled Airborne Alert, in which ice and he has dedicated his life to it. This is a wonderful time to reflect on one-third of the entire B–52 fleet was On that point, I would like to take the remarkable role the U.S. Air Force expected to remain airborne at all this opportunity to express my concern and the 28th Bomb Wing have played in times between 1957 and 1960. ‘‘Some of that many Americans, especially those our national security and to look to- the wings couldn’t handle it, but the with Asian names or of Asian heritage, ward the future at the growing impor- 28th filled in. We never failed to meet may be less interested in becoming in- tance air superiority will have in main- our commitment. It was like family. volved in public life as a result of a se- taining the peace around the world. We supported everyone extremely well. ries of unfortunate and disparaging re- These past five decades have provided The esprit de corps was unmatched. marks made by some in the media and countless successes and great memo- There was a great deal of sharing in public positions. ries for the men and women who pi- among the crews. People would come in Such remarks and misperceptions ap- loted, maintained, and provided over- and observe our operations.’’ peal to the worst human instincts sight to the numerous important mis- Strachan and Shoemaker recalled when we should be appealing to the sions of the U.S. Air Force. Our coun- conducting maintenance on planes in best. A recent study by the National try owes all who have served a debt of desperately cold temperatures. While Asian Pacific American Legal Consor- gratitude. stationed with the B–36’s in Greenland, tium documented an increase last year The 28th Bomb Wing was born in Au- Shoemaker recalled, ‘‘It was so cold, in hate crimes targeting Asian Pacific gust 1947 when the Strategic Air Com- you couldn’t do anything. We worked Americans. mand organized the wing at Rapid City under the lights on ramps. It was so This disturbing trend demonstrates Army Air Field, later renamed Ells- dark all the time.’’ Strachan said that now is the time for these issues to worth Air Force Base, SD. In 1949, the maintenance crews worked in chill fac- be handled fairly, thoroughly and expe- 28th participated in the first of a long tors that were 100 degrees below zero. diently, under strong new leadership by line of historical missions when B–29’s ‘‘Nothing stopped the 28th,’’ said the Justice Department’s Civil Rights flew a 90-day show-of force mission dur- Strachan. Division. ∑ ing the Soviet blockade of Berlin. At Fred Hurst spent six different stints f the start of the cold war, the B–29’s totaling 19 years at Ellsworth Air gave way to B–36 Peacemakers in 1950 Force Base as a member of the 28th DEPARTMENT OF DEFENSE AP- as the 28th provided an umbrella of se- Bomb Wing. For many years, he served PROPRIATIONS CONFERENCE RE- curity for NATO countries. as president of the 28th Bomb Wing Re- PORT The crews of the B–36 were dedicated union Association and was recently SECTION 8123 to their missions—primarily reconnais- succeeded in the position by Strachan. ∑ Mr. SPECTER. Mr. President, I sance and to gather photographic and Hurst spent 30 years of military serv- would like to enter into a colloquy electronic information. However, ac- ice, working in maintenance on B–29’s, with Senate Appropriations Committee cording to B–36 crew chief Bill Shoe- B–36’s, and B–52’s and retired from Chairman TED STEVENS concerning sec- maker, they did everything from drop military service as a chief master ser- tion 8123 of the fiscal year 1998 Defense haybales to stranded livestock during geant. He retired last year as a civilian appropriations bill, H.R. 2266. the terrible winters of 1949 and 1950 for worker and advisor on B–1B operations. Is it the chairman’s expectation that Operation Haylifts; transport Thanks- Hurst says the 28th Bomb Wing has al- the Secretary of Defense will not exer- giving turkeys to soldiers in Green- ways been admired for its professional- cise the authority in section 8123 with land; attend the coronation of Queen ism and efficiency. ‘‘It is a good wing. regard to specialty steel and other Elizabeth II, and take a member of the It’s been at the top for so many years steel products encompassed in the fol- royal family on a short flight. The abil- as far as performance goes. It has a lowing Harmonized System of Tariffs ity to perform any job, and do it well, great safety record. Whenever someone (HTS) numbers: 7208 (carbon steel); 7218 was the hallmark of the B–36 crew and had a problem, everyone and his broth- through 7223 (stainless steel); 7224 a trait that has been reflected in the er tried to help him.’’ through 7229 (alloy steels, high speed personnel of the 28th throughout the Mike Isaman spent a total of 15 years tool steels and electrical steels); 7304 years. at Ellsworth Air Force Base over two through 7306 (stainless steel pipe and Senior Master Sgt. Dave Sitch spent stints. As a member of the 28th Bomb tube); 7502 through 7508 (nickel-based 6 of his 26 years of military service at Wing, Isaman said teamwork was key alloys; 8105, 8108, 8109 (cobalt/titanium/ Ellsworth Air Force Base as part of the to the success of any operation, as well zirconium-based alloys); 8211, 8215 28th Bomb Wing—1951–55, 1974–76. ‘‘In as to the success of the Wing and the (stainless steel flatware) unless the the days of the ’36 and as part of the Base. ‘‘We were all friends. Everyone failure of the Secretary of Defense to 28th, that was the closest group I had looked out after each other. It was a exercise such waiver authority pursu- ever been in. There was a lot of com- team. It worked together. They all ant to section 8123 will trigger unilat- petition among the squadrons, but stood together. We would do anything eral retaliatory sanctions by a foreign there was a lot of camaraderie too. We possible for other crews and squad- country? looked out for each other.’’ rons.’’ Mr. STEVENS. The Senator is cor- Jet technology changed the face of The Air Force introduced the next rect. aeronautics, and the all-jet B–52 generation of bombers, the B–1B Lanc- Mr. D’AMATO. I would like to associ- Stratofortress started replacing the er, in 1987, and once again, the 28th ate myself with the comments of the Peacemakers in 1957. The 28th Bomb took the lead in housing the sleek new senior Senator from Pennsylvania, Mr. Wing played an important role in the bombers. Adding to its already storied SPECTER, and underscore my similar Vietnam war, flying both bombers and combat experience, the wing deployed September 30, 1997 CONGRESSIONAL RECORD — SENATE S10241 both tanker and airborne command outstanding efforts by the best Amer- International University’s popularity, post aircraft to Operations Desert ican charitable organization engaged prestige, and reputation. When Charles Shield/Desert Storm. Following action in combating ‘‘famine, war, disease, Perry took the reins of FIU in 1969, a in the Persian Gulf, B–1’s were taken human affliction and man’s inhuman- full 3 years before the university off alert, and the world began to settle ity to man.’’ IRC was selected to re- opened, the campus was a run-down into the post-cold war era. The 28th ceive the award by a prestigious inter- airport tower, old empty hangars, and Bomb Wing, successful in protecting national jury that included Dr. C. Ev- 342 acres of land in west Dade County. the United States for five decades erett Koop, former Surgeon General of His boundless energy and zeal for es- began the transition from the strategic the United States. It was accorded the tablishing an outstanding public uni- role to an all-conventional mission. Hilton Prize on the basis of its achieve- versity in south Florida led to the larg- Once again, the 28th shone brightly as ments in alleviating suffering, on the est opening day enrollment of any uni- the bomb wing successfully partici- sustainability of its programs, and on versity in American history. On Sep- pated in the congressionally directed the extent to which it reaches out and tember 19, 1972, nearly 6,000 students operational readiness assessment involves others in accomplishing its started classes at Florida International known as Dakota Challenge in 1994. mission. University. The 77th Bomb Squadron was activated I want to congratulate the Inter- Presidents Harold Crosby and Greg- at Ellsworth Air Force Base in April national Rescue Committee on its fine ory Wolfe continued the outstanding 1997, and the 28th Bomb Wing will con- achievements and salute the Conrad N. work that president Perry had begun. President Crosby placed special empha- tinue to stand tall as the ‘‘Pioneer of Hilton Foundation for recognizing sis on fulfilling the international vi- Peace for the 21st Century.’’ those efforts.∑ I strongly support the B–1B program f sion espoused by FIU’s founders, hiring faculty members from a number of for- and share the view of the Air Force CELEBRATION OF FLORIDA INTER- that the B–1B is the backbone of our eign countries and establishing the NATIONAL UNIVERSITY’S SILVER multilingual, multicultural center. bomber force. It deserves this reputa- ANNIVERSARY President Wolfe led Florida Inter- tion because of the versatility, effi- Mr. GRAHAM. Mr. President, this national through its critical transition ciency, and effectiveness of the craft. ∑ month the people of Florida join with from 2- to 4-year university. To the flight crews as well as the faculty, staff, students, and more than For the last 10 years, Florida Inter- ground support, administrative staff, 70,000 alumni in honoring Florida national University has had the good security personnel, base support, and International University on its 25th an- fortune to be guided by a dedicated, hospital personnel who served and con- niversary. For the past quarter cen- hard-working leader with an eye for ex- tinue to serve as part of the 28th, I sa- tury, this outstanding institution’s cellence, a passion for education, a lute and commend your efforts. The ac- commitment to academic excellence keen insight into bringing town and tive duty members, families, and retir- and its constant celebration of diver- gown together in support of academic ees have forged an unbreakable bond sity has enriched communities success, and a determination to make with the communities of Box Elder and throughout Florida, the United States, FIU second to none in preparing stu- Rapid City. and the entire world. dents for the United States’ future in Mr. President, I would like to take This milestone anniversary is par- an increasingly international economy this opportunity to thank all of those ticularly special to members of the and society. associated with Ellsworth and the Air Graham family. In 1943, State senator It might have been destiny that Force for their impressive efforts and Ernest R. Graham—my father—intro- brought President Modesto ‘‘Mitch’’ for their commitment to South Dakota duced legislation to establish a public Maidique to Florida International Uni- and the United States. I know they university in south Florida. Twenty- versity. He has helped to mold FIU in have had an illustrious past, and I two years later, on May 26, 1965, the his own image—president Maidique’s know they will continue their success Florida State senate unanimously own background contains the same in the future. Their missions will con- passed legislation to fulfill his vision. ethnic and cultural diversity, financial tinue, although modified to fit the re- On September 19, 1972, Florida Inter- savvy, and academic excellence that quirements of the post-cold war world, national University opened its doors have come to characterize south Flor- and I have no doubt that they will con- for the first time. ida’s preeminent public university. tinue to be the ‘‘first to fight with de- That would have been a proud day for The son of German-Czech emigrants cisive combat airpower that achieves my father. When I was growing up in who settled in Cuba during the early the aims of the combatant command- the Miami area, he used to tell my 1800’s, president Maidique was born in er’s campaign’’ as their mission states. brothers, sister, and I that the best in- Havana in 1940. At the end of his for- Best wishes for another 50 years of vestment he ever made were his Dade mal education, he had earned three de- pride and success.∑ County school taxes. He was proud, grees from the Massachusetts Institute f even enthusiastic, about paying those of Technology—bachelor of science, taxes because they enabled his children master of science, doctor of electrical INTERNATIONAL RESCUE to get a strong education in the Dade engineering—and another from the COMMITTEE OF NEW YORK County public school system. If he business program at MIT’s Cambridge ∑ Mr. MOYNIHAN. Mr. President, were alive today, my father would neighbor, Harvard University. By the today I am proud to note the accom- agree that the time and energy he put time he assumed Florida International plishments of the International Rescue into laying the groundwork for a Flor- University’s presidency in 1986, he had Committee of New York. ida International University was yet added professor and distinguished busi- This week the International Rescue another wise educational investment. nessman to his re´sume´, teaching at Committee was awarded the Conrad N. After only a quarter-century in exist- prestigious institutions like Harvard Hilton Humanitarian Prize, in recogni- ence, FIU has already gained acclaim and Stanford and lending his scientific tion of its relief and resettlement serv- as one of the most academically chal- knowledge and business know-how to ices to millions of refugees. In present- lenging and culturally diverse univer- several prominent firms. ing the award to John C. Whitehead, sities in the entire United States. This Success followed president Maidique chairman of the IRC Board, former distinction is a credit to Florida Inter- to Florida International. His decade of President Jimmy Carter said, ‘‘This national University’s hard-working leadership has spurred a number of im- year, the Hilton Foundation has ful- staff, dedicated faculty, bright student pressive academic, financial, and cul- filled a vital need in bringing the refu- body, loyal alumni, and especially the tural achievements. In academics, U.S. gee issue, one that is often overlooked wise, dynamic leadership of FIU’s four News & World Report consistently or ignored, to the forefront by honor- presidents—Charles Perry, Harold ranks Florida International University ing the International Rescue Commit- Crosby, Gregory Wolfe, and Modesto as one of the top 150 national univer- tee.’’ Maidique. sities in the United States. Money The Conrad N. Hilton Foundation Each of these four outstanding indi- magazine says that it is among Ameri- created the annual award to recognize viduals have contributed to Florida ca’s best public commuter universities. S10242 CONGRESSIONAL RECORD — SENATE September 30, 1997 Perhaps Florida International Uni- ama. In 1990, as a member of the 90th Maureen is a resident of Greenland, versity’s greatest academic achieve- class at the State Police Academy, New Hampshire. She attends Ports- ment is the fact that it so earnestly Phillips graduated an impressive 14th mouth High School. She is the daugh- works to provide an outstanding edu- in a class of 38. ter of Mark and Marian Connelly, and cation to all students, regardless of so- Phillips lived in Colebrook with his she has a sister Carolyn and a brother cioeconomic background. Thanks in dear wife, Christine, their young son, Steven. Her grandfather, Quentin part to low tuition rates, and to the Keenan, 21⁄2, and their 1-year-old Dante Halstead, served on active duty work ethic and frugality of FIU admin- daughter, Clancy. in World War Two, the Korean War, istrators, faculty, and staff, its stu- Both Troopers Lord and Phillips were and the Vietnam War. dents are the fifth least indebted in the known as dedicated, hardworking, and Maureen has earned outstanding Nation. U.S. News & World Report well-liked individuals by members of grades in honors and advance place- rates it as one of the 10 best edu- their respective communities. ment classes. She is also very active on cational buys in the United States. Mr. President, the state of New her school’s field hockey team and Finally, Florida International Uni- Hampshire as well as the families of track team. In addition she is a mem- versity is one of the most diverse col- these fine state troopers have suffered ber of student government, serving in leges in the United States that is in- a tremendous loss. I would like to com- the capacity of treasure, as well as a creasingly benefited by its ethnic di- mend the efforts of both men, for their member of the school newspaper staff. versity. For the last 25 years, it has actions were nothing short of heroic. I Maureen volunteers her time to teach been training young adults to live, would also like to extend to the fami- young children field hockey, and she work, and succeed in a world that lies of not only Lord and Phillips, but maintains a job as a lifeguard. She is a speaks multiple languages and cele- also of Vickie Bunnell and Dennis Joos, senior in high school and would like to brates a variety of cultural achieve- my deepest heartfelt sorrow and I pray be a doctor. ments. More than half of its student that God watches over them. The Young men and women such as memories of Leslie Lord and Scott E. body is Hispanic, and the university CONRAD and Maureen are a valuable Phillips will live on in all of the lives produces more Hispanic graduates than asset to New Hampshire and the future they have touched, for they were two any other university in America. All in of the United States. I congratulate remarkable and beloved individuals. all, it has 70,000 alumni that represent ∑ them on all their hard work and wish all 50 States and more than 146 coun- f them success in their future endeav- tries. TRIBUTE TO CONRAD RICHARD ors.∑ Mr. President, I join with all Florid- GAGNON, JR. AND MAUREEN E. f ians in congratulating president Mo- CONNELLY IN MEMORY OF CHAD WARREN desto Maidique and every past and Mr. SMITH of New Hampshire. Mr. ∑ Mr. SMITH of New Hampshire. Mr. present member of the Florida Inter- President, I rise today to honor Conrad President, I rise today in memory of national University community on its Richard Gagnon, Jr. and Maureen E. Chad Warren, a young, thoughtful and historic 25th anniversary. As the uni- Connelly who were named finalists in motivated man who recently passed versity prepares to begin its next quar- the second annual Samsung American away. Chad was only 25 years old when ter-century, its abiding commitment to Legion Scholarship Program. academic excellence, affordability, and The scholarship program is funded by he unfortunately lost his life, only diversity is leading the United States a $5 million endowment from the months away from his 26th birthday. into the 21st century.∑ Samsung Group, an international com- He is an example to us all because of f pany based in South Korea, and is ad- his sheer dedication to his job and his ministered by the American Legion, unconditional love for his family. TRIBUTE TO LESLIE LORD AND Working at the Goodhue Hawkins SCOTT E. PHILLIPS the world’s largest veterans organiza- tion. Only direct decedents of U.S. war- Navy Yard for the past six years, Chad ∑ Mr. SMITH of New Hampshire. Mr. time veterans are eligible for the schol- became an invaluable employee and President, I rise today to honor the arships. was also known as a friend to all. Hard memories of two brave New Hampshire Conrad and Maureen are among working and dedicated are only mere State Troopers killed in the line of many other outstanding young Ameri- words to epitomize Chad as a person. duty. Leslie Lord, 45, of Pittsburg and cans named as finalists to compete for He started out as a boat washer and Scott E. Phillips, 32, of Colebrook both one of ten college scholarships, each dockboy and soon progressed to a boat bravely gave their lives trying to pro- worth $20,000. The students were judged rigger and forklift operator He then tect others and stop a man wielding an on the basis of their involvement in achieved certification as a boat me- automatic rifle throughout the town of their school and community, and for chanic. Mr. President, I admire Chad Colebrook, New Hampshire on August their academic achievements. not only for his dedication but also for 19th. Vickie Bunnell, a Colebrook Dis- Conrad is a native of Bedford, New the heart he put into his service at the trict Court judge, and Dennis Joos, edi- Hampshire and is currently in his sen- Navy Yard. tor of the Sentinel newspaper, were ior year of high school. He is the son of Prior to his employment, Chad was also innocent victims in the shooting Conrad and Gisele Gagnon, and has in Steve Durgan’s Junior High Geog- spree. three bothers: Brian, Tim and Dan. His raphy and U.S. History classes at Leslie Lord was a 1974 graduate of grandfather, Richard Adalard Gagnon, Kingswood Regional Junior/Senior Pittsburg High School and the next is a World War Two veteran. High School. Steve, a close personal year graduated in the 25th class at the Conrad has distinguished himself by friend of mine, described Chad as quiet, New Hampshire Police Academy. achieving excellent grades, as well as shy and thoughtful. Later, Lord became the chief of police being involved in numerous and varied At such a young age, Chad was sur- in his hometown, until January 16, actives. He is an associate editor of his rounded by many close, loving people. 1987, when he resigned to become a school year book, a member of his Besides his mother, Linda Morrill of state highway enforcement officer. school’s math team, and French club. Wolfeboro, New Hampshire, and his fa- After working as a state highway truck He has been awarded the Boy Scouts ther, Paul Warren of Ashburnham, inspector, Lord became a state trooper Order of the Arrow, and will travel to Massachusetts, Chad leaves his dear for the Granite state in 1996. California and Japan this summer on wife Sherri Warren and their young be- Lord, who was not only a husband to the Sony Student Abroad scholarship. loved children Corbin, 5 years old, Beverly, was also a father to two teen- Conrad also participates in community Shane, 8 years old, and Amber, 12 years age boys, Cory and Shawn. service activities such as peer tutoring, old. Chad was blessed to have these val- Scott Phillips was a 1984 graduate of food drives, and was involved in orga- uable people in his life. White Mountain Regional High School nizing an effort to place over one hun- Mr. President, to lose any life is a in Whitefield and also a veteran of the dred of his peers in volunteer positions. sad event. But to lose a young life, one U.S. Army. He served with the military He would like to study engineering and full of energy, life, hopes and dreams is police, including a tour of duty in Pan- law in college. a tragedy. My heart and prayers go out September 30, 1997 CONGRESSIONAL RECORD — SENATE S10243 to Chad’s family and especially his of time, the Senate proceed to a vote ‘‘Middle ...... 3 wife, Sherri, and their children, Corbin, on the adoption of the conference re- ‘‘Western ...... 7’’. port with no intervening action or de- Shane, and Amber. The loss of a hus- Amend the title so as to read ‘‘An bate. band and father is irreplaceable but Act to provide for the authorization of Chad’s memory will always live on in The PRESIDING OFFICER. Without objection, it is so ordered. appropriations in each fiscal year for those who loved him.∑ arbitration in United States district f f courts, and for other purposes.’’. TRIBUTE TO JEREMY CHARRON U.S. DISTRICT COURTS ARBITRA- Mr. LOTT. Mr. President, I ask unan- TION APPROPRIATIONS AUTHOR- ∑ Mr. SMITH of New Hampshire. Mr. imous consent that the Senate concur President, I rise today to honor the IZATION ACT in the amendments of the House. memory of a bright, young police offi- Mr. LOTT. Mr. President, I ask the The PRESIDING OFFICER. Without cer wrongfully killed while on duty. Of- Chair lay before the Senate a message objection, it is so ordered. ficer Jeremy Charron, 24, of Concord, from the House of Representatives on f (S. 996) to provide for the authorization New Hampshire, was gunned down EXTENDING CERTAIN PROGRAMS while checking on a report of a sus- of appropriations in each fiscal year for arbitration in U.S. district courts. UNDER THE ENERGY POLICY picious car during the early morning AND CONSERVATION ACT hours of August 24th. The PRESIDING OFFICER laid be- Officer Charron embodied all that is fore the Senate the following message Mr. LOTT. Mr. President, I ask unan- honorable about our state’s law en- from the House of Representatives: imous consent that the Senate proceed forcement professionals. His selfless Resolved, That the bill from the Senate (S. to the immediate consideration of H.R. devotion to protecting the lives of in- 996) entitled ‘‘An Act to provide for the au- 2472, which was received from the thorization of appropriations in each fiscal nocent New Hampshire citizens enabled House. year for arbitration in United States district The PRESIDING OFFICER. The him to perform the heroic acts for courts.’’, do pass with the following amend- which he will always be remembered. It ments: clerk will report. is not often that we see such strength, Strike out all after the enacting clause The assistant legislative clerk read valor, and courage in a person. Jeremy and insert: as follows: Charron was unique and his family can SECTION 1. ARBITRATION IN DISTRICT COURTS. A bill (H.R. 2472) to extend certain pro- be proud of his bravery in this tragedy. Section 905 of the Judicial Improvements and grams under the Energy Policy and Con- Jeremy Charron was an All-American Access to Justice Act (28 U.S.C. 651 note) is servation Act. kid, a high school athlete, a natural amended in the first sentence by striking ‘‘for The PRESIDING OFFICER. Is there leader, president of his senior class at each of the fiscal years 1994 through 1997’’ and objection to the immediate consider- inserting ‘‘for each fiscal year’’. Hillsborough-Deering High School, a ation of the bill? SEC. 2. ENHANCEMENT OF JUDICIAL INFORMA- There being no objection, the Senate U.S. Marine and a police officer. TION DISSEMINATION. Fulfilling his life long dream, Section 103(b)(2) of the Civil Justice Reform proceeded to consider the bill. Charron became a police officer for the Act of 1990 (Public Law 101–650; 104 Stat. 5096; AMENDMENT NO. 1270 town of Epsom, New Hampshire, in No- 28 U.S.C. 471 note) is amended— (Purpose: To extend certain programs under vember, after completing the full-time (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; the Energy Policy and Conservation Act (2) by striking ‘‘sections 471 through 478’’ and police academy training and becoming and for other purposes) inserting ‘‘sections 472, 473, 474, 475, 477, and Mr. LOTT. Mr. President, Senator certified as a full-time officer July 11. 478’’; and Charron also served in the U.S. Ma- (3) by adding at the end the following new MURKOWSKI has an amendment at the rine Corps from July 1992 to June 1996, subparagraph: desk, and I ask for its consideration. when he received an honorable dis- ‘‘(B) The requirements set forth in section 476 The PRESIDING OFFICER. The charge. of title 28, United States Code, as added by sub- clerk will report. Born to Robert and Frances Charron, section (a), shall remain in effect perma- The assistant legislative clerk read Jeremy leaves brothers Rob, 28, and nently.’’. as follows: SEC. 3. EXTENSION OF CERTAIN TEMPORARY The Senator from Mississippi (Mr. LOTT), Andrew, 27, and sisters, Amanda, 21, JUDGESHIPS. for Mr. MURKOWSKI, proposes an amendment and Bethany, 12, and his finance, April Section 203(c) of the Judicial Improvements numbered 1270. LaRochelle. Act of 1990 (28 U.S.C. 133 note) is amended— Mr. President, the family of Jeremy (1) by striking paragraph (1) and redesignat- Mr. LOTT. Mr. President, I ask unan- Charron has suffered a great loss. The ing the succeeding paragraphs accordingly; and imous consent that the reading of the people of New Hampshire again have (2) by striking the last 3 sentences and insert- amendment be dispensed with. lost another fine officer. It is a time for ing the following: ‘‘Except with respect to the The PRESIDING OFFICER. Without western district of Michigan and the eastern objection, it is so ordered. faith and a time for healing. My pray- district of Pennsylvania, the first vacancy in ers and sympathy go out to the fami- the office of district judge in each of the judicial The amendment is as follows: lies and friends of Officer Charron.∑ districts named in this subsection, occurring 10 Strike all after the enacting clause and in- f years or more after the confirmation date of the sert in lieu thereof: judge named to fill the temporary judgeship cre- ‘‘SECTION 1. ENERGY POLICY AND CONSERVA- UNANIMOUS-CONSENT AGREE- ated by this subsection, shall not be filled. The TION ACT AMENDMENTS. MENT—CONFERENCE REPORT AC- first vacancy in the office of district judge in the ‘‘The Energy Policy and Conservation Act COMPANYING H.R. 2378 western district of Michigan, occurring after De- is amended— cember 1, 1995, shall not be filled. The first va- ‘‘(1) in section 166 (42 U.S.C. 6246) by strik- Mr. LOTT. Mr. President, I ask unan- ing for ‘fiscal year’ and inserting in lieu imous consent that the majority lead- cancy in the office of district judge in the east- ern district of Pennsylvania, occurring 5 years thereof ‘through October 31,’; er, after consultation with the minor- or more after the confirmation date of the judge ‘‘(2) in section 181 (42 U.S.C. 6251) by strik- ity leader, proceed to consideration of named to the fill the temporary judgeship cre- ing ‘September 30’ both places it appears and the conference report accompanying ated for such district under this subsection, inserting in lieu thereof ‘October 31’; and H.R. 2378, the Treasury-Postal Service shall not be filled. For districts named in this ‘‘(3) in section 281 (42 U.S.C. 6285) by strik- appropriations bill. I further ask unan- subsection for which multiple judgeships are ing ‘September 30’ both places it appears and inserting in lieu thereof ‘October 31’.’’. imous consent that the reading be created by this Act, the last of those judgeships waived and the conference report be filled shall be the judgeships created under this Mr. LOTT. Mr. President, I ask unan- limited to the following debate time: section.’’. imous consent that the amendment be SEC. 4. TRANSFER OF FEDERAL COURT JUDGE- agreed to. The two managers, 15 minutes each; SHIP. Senator MCCAIN, up to 10 minutes; The PRESIDING OFFICER. Without The table contained in section 133(a) of title objection, it is so ordered. Senator BROWNBACK, up to 10 min- 28, United States Code, is amended by amending utes; the item relating to Louisiana to read as fol- The amendment (No. 1270) was agreed Senator WELLSTONE, up to 10 min- lows: to. utes. ‘‘Louisiana: Mr. LOTT. Mr. President, I ask unan- I further ask unanimous consent that ‘‘Eastern ...... 12 imous consent that the bill be consid- immediately following the expiration ered read a third time and passed, as S10244 CONGRESSIONAL RECORD — SENATE September 30, 1997 amended; that the motion to recon- ered read a third time and passed; that Senate immediately begin consider- sider be laid upon the table; and that the motion to reconsider be laid upon ation of the Treasury-Postal Service any statements relating to the bill be the table; and that any statements re- appropriations conference report as placed at the appropriate place in the lating to the bill appear at the appro- agreed to under the previous consent RECORD. priate place in the RECORD. agreement. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. objection, it is so ordered. The bill (H.R. 2472), as amended, was The bill (H.R. 1948) was read the third f read the third time and passed. time and passed. f f PROGRAM Mr. LOTT. Mr. President, tomorrow PROVIDING FOR RELEASE OF RE- AUTHORIZING SUPPLEMENTAL morning, the Senate will begin 60 min- VERSIONARY INTEREST HELD EXPENDITURES utes of debate on the Treasury-Postal BY THE UNITED STATES Mr. LOTT. Mr. President, I ask unan- Service appropriations conference re- Mr. LOTT. Mr. President, I ask unan- imous consent that the Senate proceed port. Senators can, therefore, expect imous consent that the Agriculture to the immediate consideration of S. rollcall votes Wednesday morning at Committee be discharged from further Res. 126, which was reported by the approximately 11 a.m. or earlier if de- consideration of H.R. 394 and, further, Rules Committee today. bate time is yielded back, and it could that the Senate proceed to its imme- The PRESIDING OFFICER. Without be yielded back, so the vote could be diate consideration. objection, it is so ordered. The clerk shortly before 11 o’clock. Following The PRESIDING OFFICER. Without will report. that vote, the Senate will resume con- objection, it is so ordered. The clerk The assistant legislative clerk read sideration of the DC appropriations will report. as follows: bill. It is the intention of the majority The assistant legislative clerk read A resolution (S. Res. 126) authorizing sup- leader to finish action on the final ap- as follows: plemental expenditures by the Committee on propriations measure. In observance of A bill (H.R. 394) to provide for the release Veterans’ Affairs. Rosh Hashanah, no recall call votes of the reversionary interest held by the Unit- The Senate proceeded to consider the will occur after 1 p.m. tomorrow. ed States in certain property located in the resolution. Therefore, all Senators’ cooperation County of Iosco, Michigan. Mr. LOTT. Mr. President, I ask unan- will be appreciated in allowing the The Senate proceeded to consider the imous consent that the resolution be Senate to conclude action on the pend- bill. agreed to; that the motion to recon- ing bill. I should note that we will con- Mr. LOTT. Mr. President, I ask unan- sider be laid upon the table; and that tinue to try to get an agreement to imous consent that the bill be consid- any statements relating to the resolu- clear conference reports, and we prob- ered read a third time and passed; that tion appear at the appropriate place in ably will be in session until about 4 the motion to reconsider be laid upon the RECORD. o’clock tomorrow afternoon, but there the table; and that any statements re- The PRESIDING OFFICER. Without will be no recorded votes after 1 lating to the bill appear at the appro- objection, it is so ordered. o’clock. priate place in the RECORD. The resolution (S. Res. 126) was f The PRESIDING OFFICER. Without agreed to, as follows: objection, it is so ordered. S. RES. 126 ADJOURNMENT UNTIL TOMORROW The bill (H.R. 394) was read the third Resolved, That section 18(b) of Senate Reso- AT 10 A.M. time and passed. lution 54, 105th Congress, agreed to February Mr. LOTT. Mr. President, if there is f 13, 1997, is amended by striking out no further business to come before the ‘‘$1,123,430’’ and inserting in lieu thereof Senate, I now ask unanimous consent HOOD BAY LAND EXCHANGE ACT ‘‘$1,698,430’’. OF 1997 that the Senate stand in adjournment Mr. LOTT. I should note, Mr. Presi- under the previous order. Mr. LOTT. Mr. President, I ask unan- dent, that all these unanimous-consent There being no objection, the Senate, imous consent that the Senate now requests have been discussed with and at 7:28 p.m., adjourned until 10 a.m., proceed to the consideration of Cal- cleared by the minority leader’s staff. Wednesday, October 1, 1997. endar No. 177, H.R. 1948. f f The PRESIDING OFFICER. Without objection, it is so ordered. The clerk ORDERS FOR WEDNESDAY, NOMINATIONS will report. OCTOBER 1, 1997 Executive nominations received by The assistant legislative clerk read Mr. LOTT. Mr. President, I ask unan- the Senate September 30, 1997: as follows: imous consent that when the Senate DEPARTMENT OF STATE A bill (H.R. 1948) to provide for the ex- completes its business today, it stand change of lands within Admiralty Island Na- in adjournment until the hour of 10 KATHRYN LINDA HAYCOCK PROFFITT, OF ARIZONA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI- tional Monument, and for other purposes. a.m. on Wednesday, October 1. I further POTENTIARY OF THE UNITED STATES OF AMERICA TO The Senate proceeded to consider the ask unanimous consent that on THE REPUBLIC OF MALTA. WILLIAM H. TWADDELL, OF RHODE ISLAND, A CAREER bill. Wednesday, immediately following the MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Mr. LOTT. Mr. President, I ask unan- prayer, the routine requests through MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES imous consent that the bill be consid- the morning hour be granted and the OF AMERICA TO THE FEDERAL REPUBLIC OF NIGERIA. Tuesday, September 30, 1997 Daily Digest

HIGHLIGHTS Senate passed Continuing Appropriations and Energy and Water Appro- priations Conference Report. House agreed to the Conference Report on H.R. 2203, Energy and Water Development Appropriations for FY 1998. House agreed to the Conference Report on H.R. 2378, Treasury, Postal Service Appropriations for FY 1998. House passed H.R. 2267, Commerce, Justice, State, the Judiciary, and Re- lated Agencies Appropriations for FY 1998. Senate Res. 94, making continuing appropriations for fiscal Chamber Action year 1998, clearing the measure for the President. Routine Proceedings, pages S10185–S10244 Page S10204 Measures Introduced: Five bills were introduced, Energy Policy and Conservation Extension: Sen- as follows: S. 1237–1241. Page S10229 ate passed H.R. 2472, to extend certain programs Measures Reported: Reports were made as follows: under the Energy Policy and Conservation Act, after Special Report entitled ‘‘Further Revised Alloca- agreeing to the following amendment proposed tion To Subcommittees of Budget Totals from the thereto: Pages S10243±44 Concurrent Resolution for Fiscal Year 1998’’. (S. Lott (for Murkowski) Amendment No. 1270, in Rept. No. 105–91) the nature of a substitute. Page S10243 S. 750, to consolidate certain mineral interests in Michigan Land Transfer: Committee on Agri- the National Grasslands in Billings County, North culture, Nutrition, and Forestry was discharged from Dakota, through the exchange of Federal and private further consideration of H.R. 394, to provide for the mineral interests to enhance land management capa- release of the reversionary interest held by the Unit- bilities and environmental and wildlife protection, ed States in certain property located in the County with an amendment in the nature of a substitute. (S. Rept. No. 105–92) of Iosco, Michigan, and the bill was then passed, clearing the measure for the President. Page S10244 S. 1158, to amend the Alaska Native Claims Set- tlement Act, regarding the Huna Totem Corporation Hood Bay Land Exchange Act: Senate passed public interest land exchange, with an amendment H.R. 1948, to provide for the exchange of lands in the nature of a substitute. (S. Rept. No. 105–93) within Admiralty Island National Monument, clear- H. Con. Res. 8, expressing the sense of Congress ing the measure for the President. Page S10244 with respect to the significance of maintaining the Committee Supplemental Funds: Senate agreed health and stability of coral reef ecosystems, with an to S. Res. 126, authorizing supplemental expendi- amendment in the nature of a substitute. (S. Rept. tures by the Committee on Veterans’ Affairs. No. 105–94) Page S10244 S. Res. 126, authorizing supplemental expendi- tures by the Committee on Veterans’ Affairs. District of Columbia Appropriations: Senate re- Page S10229 sumed consideration of S. 1156, making appropria- tions for the government of the District of Columbia Measures Passed: and other activities chargeable in whole or in part Continuing Appropriations: By a unanimous against the revenues of said District for the fiscal vote of 99 yeas (Vote No. 261), Senate passed H.J. D1032 September 30, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1033 year ending September 30, 1998, taking action on each fiscal year for arbitration in the United States amendments proposed thereto, as follows: district courts, clearing the measure for the Presi- Pages S10185±S10204, S10208, S10211±16, S10222±25 dent. Page S10243 Adopted: Energy and Water Development Appropria- Wyden Amendment No. 1250, to establish that tions—Conference Report: By a unanimous vote of it is the standing order of the Senate that a Senator 99 yeas (Vote No. 262), Senate agreed to the con- who objects to a motion or matter shall disclose the ference report on H.R. 2203, making appropriations objection in the Congressional Record. for energy and water development for the fiscal year Pages S10222±25 ending September 30, 1998, clearing the measure for By 69 yeas to 27 nays, 1 answering present (Vote the President. Pages S10217±22 No. 263), Byrd Amendment No. 1267, to prohibit alcoholic beverage advertisements on billboards, Department of the Treasury/Postal Service Ap- signs, posters, and other forms of advertising in cer- propriations Conference Report—Agreement: A tain publicly visible locations in the District of Co- unanimous-consent time-agreement was reached pro- lumbia where children are likely to walk to school viding for the consideration of the conference report or play. Pages S10214±16, S10222 on H.R. 2378, making appropriations for the Treas- By 69 yeas to 27 nays, 1 answering present (Vote ury Department, the United States Postal Service, No. 263), Byrd Amendment No. 1268, to increase the Executive Office of the President, and certain the number of ABC inspectors in the District of Co- Independent Agencies, for the fiscal year ending Sep- lumbia and focus enforcement on sales to minors. tember 30, 1998, on Wednesday, October 1, 1997. Pages S10214±16, S10222 Page S10243 By 69 yeas to 27 nays, 1 answering present (Vote Messages from the President: Senate received the No. 263), Byrd Amendment No. 1269, to require following messages from the President of the United the General Accounting Office to study the effects States: of the low rate of taxation on alcohol in the District Transmitting the notice of the continuation of the of Columbia. Pages S10214±16, S10222 Iran emergency; referred to the Committee on Bank- Pending: ing, Housing, and Urban Affairs. (PM–70). Coats Modified Amendment No. 1249, to provide Page S10227 scholarship assistance for District of Columbia ele- Nominations Received: Senate received the follow- mentary and secondary school students. ing nominations: Pages S10185±96 Kathryn Linda Haycock Proffitt, of Arizona, to be Graham/Mack/Kennedy Amendment No. 1252, to Ambassador to the Republic of Malta. provide relief to certain aliens who would otherwise William H. Twaddell, of Rhode Island, to be be subject to removal from the United States. Ambassador to the Federal Republic of Nigeria. Pages S10185, S10196±S10204 Page S10244 Mack/Graham/Kennedy Modified Amendment No. 1253 (to Amendment No. 1252), in the nature Messages From the President: Page S10227 of a substitute. Pages S10196±S10204 Messages From the House: Pages S10227±28 Withdrawn: Measures Referred: Page S10228 Jeffords Amendment No. 1266, to provide for a regional education and workforce training system in Communications: Pages S10228±29 the metropolitan Washington area, to improve the Statements on Introduced Bills: Pages S10229±33 school facilities of the District of Columbia, and to Additional Cosponsors: Pages S10233±34 fund such activities in part by an income tax on nonresident workers in the District of Columbia. Amendments Submitted: Pages S10234±38 Pages S10212±14 Notices of Hearings: Page S10239 During consideration of this measure today, Senate Authority for Committees: Page S10239 also took the following action: By 58 yeas to 41 nays (Vote No. 260), three-fifths Additional Statements: Pages S10239±43 of those Senators duly chosen and sworn not having Record Votes: Four record votes were taken today. voted in the affirmative, Senate failed to agree to (Total—263) Pages S10195±96, S10204, S10222 close further debate on Coats Modified Amendment Adjournment: Senate convened at 10 a.m., and ad- No. 1249, listed above. Pages S10195±96 journed at 7:28 p.m., until 10 a.m., on Wednesday, U.S. District Courts Arbitration: Senate con- October 1, 1997. (For Senate’s program, see the re- curred in the amendments of the House to S. 996, marks of the Majority Leader in today’s Record on to provide for the authorization of appropriations in page S10244.) D1034 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 1997 and Irving Mintzer, Global Business Network, Silver Committee Meetings Spring, Maryland. (Committees not listed did not meet) AUTHORIZATION—ENDANGERED SPECIES NOMINATIONS Committee on Environment and Public Works: Commit- tee ordered favorably reported S. 1180, authorizing Committee on Banking, Housing, and Urban Affairs: funds for programs of the Endangered Species Act, Committee concluded hearings on the nominations with amendments. of Laura S. Unger, of New York, and Paul R. Carey, of New York, each to be a Member of the Securities CAMPAIGN FINANCING INVESTIGATION and Exchange Commission, Dennis Dollar, of Mis- Committee on Governmental Affairs: Committee re- sissippi, to be a Member of the National Credit sumed hearings to examine certain matters with re- Union Administration Board, Edward M. Gramlich, gard to the committee’s special investigation on of Virginia, and Roger Walton Ferguson, of Massa- campaign financing, receiving testimony from former chusetts, each to be a Member of the Board of Gov- Vice President Walter F. Mondale; and former Sen- ernors of the Federal Reserve System, and Ellen ator Kassebaum. Seidman, of the District of Columbia, to be Director Hearings continue on Tuesday, October 7. of the Office of Thrift Supervision, Department of NOMINATIONS the Treasury, after the nominees testified and an- swered questions in their own behalf. Mr. Dollar was Committee on the Judiciary: Committee concluded introduced by Senators Lott and Cochran. hearings on the nominations of Raymond C. Fisher, of California, to be Associate Attorney General, De- NOMINATIONS partment of Justice, Ronald Lee Gilman, of Ten- Committee on Commerce, Science, and Transportation: nessee, to be United States Circuit Judge for the Committee concluded hearings on the nominations Sixth Circuit, Sonia Sotomayor, of New York, to be of Michael K. Powell, of Virginia, Harold W. United States Circuit Judge for the Second Circuit, Furchtgott-Roth, of the District of Columbia, and Richard Conway Casey, to be United States District Gloria Tristani, of New Mexico, each to be a Mem- Judge for the Southern District of New York, James ber of the Federal Communications Commission, S. Gwin, to be United States District Judge for the after the nominees testified and answered questions Northern District of Ohio, Dale A. Kimball, to be in their own behalf. Mr. Furchtgott-Roth was intro- United States District Judge for the District of duced by Senator Thurmond and Representative Bli- Utah, Algenon L. Marbley, to be United States Dis- ley, Mr. Powell was introduced by Senators Warner trict Judge for the Southern District of Ohio, and and Robb, and Ms. Tristani was introduced by Sen- Charles J. Siragusa, to be United States District ators Domenici and Bingaman. Judge for the Western District of New York, after the nominees testified and answered questions in FAST TRACK TRADE AUTHORITY their own behalf. Mr. Fisher was introduced by Rep- Committee on Commerce, Science, and Transportation: resentatives Campbell and Berman, Mr. Gilman was Committee concluded hearings on the Administra- introduced by Senators Thompson and Frist and tion’s proposal to renew fast track trade negotiating Representative Ford, Ms. Sotomayor, and Messrs. authority, after receiving testimony from William Casey and Siragusa were introduced by Senator M. Daley, Secretary of Commerce; and Charlene D’Amato, Messrs. Gwin and Marbley were intro- Barshefsky, United States Trade Representative. duced by Senators DeWine and Glenn, and Mr. CLIMATE CHANGE POLICY Kimball was introduced by Senators Hatch and Ben- nett. Committee on Energy and Natural Resources: Committee concluded oversight hearings to examine the eco- UNCONSTITUTIONAL SET-ASIDES nomic impact and analysis of a proposed climate Committee on the Judiciary: Subcommittee on the Con- change treaty on labor, electricity supply, and manu- stitution, Federalism, and Property Rights concluded facturing, after receiving testimony from Cecil E. hearings to examine the use of racial and ethnic pref- Roberts, United Mine Workers of America, and erences in federal procurement programs, focusing on William A. Niskanen, Cato Institute, both of Wash- the constitutionality of Department of Transpor- ington, D.C.; Murray Weidenbaum, Washington tation proposed regulations to modify the Disadvan- University, St. Louis, Missouri; Ronald L. McMahan, taged Business Enterprise program for highway and Resource Data International, Inc. and Financial transit projects, and a related Supreme Court deci- Times Energy, Boulder, Colorado; Richard Sandor, sion in Adarand v. Pena, after receiving testimony Centre Financial Products Limited, Chicago, Illinois; from Senator McConnell; Representatives Scott and September 30, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1035 Canady; Nancy E. McFadden, General Counsel, De- ple from using tobacco products and other public partment of Transportation; Valery J. Pech, Adarand health goals, receiving testimony from Louis W. Sul- Constructors, Inc., Colorado Springs, Colorado; Janet livan, Morehouse School of Medicine, Atlanta, Geor- Schutt, Schutt-Lookabill Contractors, Indianapolis, gia, former Secretary of Health and Human Services; Indiana; George R. LaNoue, University of Maryland Ronald M. Davis, Center for Health Promotion and Graduate School, Baltimore; Eugene Volokh, UCLA Disease Prevention/Henry Ford Health System, De- Law School, Los Angeles, California; and Mark troit, Michigan, former Director, Office on Smoking Tushnet, Georgetown University Law Center, and and Health, Centers for Disease Control, Department Michael Carvin, Cooper & Carvin, both of Washing- of Health and Human Services; Washington State ton, D.C. Attorney General Christine O. Gregoire, Olympia, on behalf of State Attorneys General; David S. GLOBAL TOBACCO SETTLEMENT Rosenthal, Harvard University Medical School, on Committee on Labor and Human Resources: Committee behalf of the American Cancer Society, and Gregory resumed hearings to examine the scope and depth of N. Connolly, Massachusetts Department of Public the proposed settlement between State Attorneys Health, both of Boston, Massachusetts; and Stanley General and tobacco companies to mandate a total M. Chesley, Waite, Schneider, Bayless & Chesley reformation and restructuring of how tobacco prod- Co., Cincinnati, Ohio, on behalf of the Castano ucts are manufactured, marketed, and distributed in Plaintiffs Litigation Committee. America, focusing on the need to prevent young peo- Hearings were recessed subject to call. h House of Representatives ergy and water development for the fiscal year end- Chamber Action ing September 30, 1998. Pages H8173±84 Bills Introduced: 11 public bills, H.R. 2578–2588; Earlier, agreed to H. Res. 254, the rule waiving and 2 resolutions, H. Con. Res. 161–162, were in- points of order against the conference report by a yea troduced. Pages H8264±65 and nay vote of 415 yeas to 3 nays, Roll No. 467. Reports Filed: Reports were filed today as follows: Pages H8171±72 H.R. 1839, to establish nationally uniform re- Export-Import Bank Reauthorization: The House quirements regarding the titling and registration of completed general debate and began considering salvage, nonrepairable, and rebuilt vehicles, amended amendments to H.R. 1370, to reauthorize the Ex- (H. Rept. 105–285 part 1); port-Import Bank of the United States. Consider- Revised Subdivision of Budget Totals for Fiscal ation will resume at a later date. Pages H8188±H8207 Year (H. Rept. 105–286). Page H8264 Agreed To: Speaker Pro Tempore: Read a letter from the The Evans amendment that directs the Export-Im- Speaker wherein he designated Representative Thune port Bank to give preference to U.S. firms seeking to act as Speaker pro tempore for today. Page H8163 assistance for activities in China to those that have adopted and adhered to a code of conduct for their Journal Vote: By a yea-and-nay vote of 360 yeas to international operations (agreed to by a recorded vote 56 nays, Roll No. 466, agreed to the Speaker’s ap- of 241 ayes to 182 noes, Roll No. 472); proval of the Journal of Monday, September 29. Pages H8200±02, H8204±05 Pages H8165±66, H8170±71 The LaFalce amendment that renames the Export- Recess: The House recessed at 9:24 a.m. and recon- Import Bank as the ‘‘American Export Bank’’ (agreed vened at 10:00 a.m. Page H8165 to by a recorded vote of 362 ayes to 56 noes, Roll Motion to Adjourn: Rejected the Velazquez motion No. 473). Pages H8205±07 to adjourn by a yea-and-nay vote of 132 yeas to 285 Rejected: nays, Roll No. 465. Page H8170 The Frank of Massachusetts amendment that Energy and Water Development Conference Re- sought to require community work requirements for port: By a yea and nay vote of 404 yeas to 17 nays, members of Boards of Directors of firms receiving Roll No. 468, the House agreed to the conference assistance from the Export-Import Bank. report on H.R. 2203, making appropriations for en- Pages H8202±03 D1036 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 1997 Rejected the McDermott motion to rise by a re- for a fair and accurate census (rejected by a recorded corded vote of 128 ayes to 291 noes, Roll No. 470; vote of 197 ayes to 228 noes, Roll No. 475). and Pages H8199±H8200 Pages H8217±39 Rejected the DeLauro motion to rise by a recorded On September 24, agreed to H. Res. 239, the rule vote of 162 ayes to 257 noes, Roll No. 471. that is providing for consideration of the bill. Pages H8203±04 Pages H7755±59 Agreed to H. Res. 255, the rule that is providing Subpoena Enforcement In The Case of Dornan for consideration of the bill. Earlier, agreed to order v. Sanchez: By a yea and nay vote of 219 yeas to the previous question by a yea and nay vote of 423 203 nays with 1 voting ‘‘present’’, Roll No. 478, the yeas to 3 nays, Roll No. 469. Pages H8184±88 House agreed to H. Res. 244, as amended pursuant Treasury, Postal Service Appropriations: By a yea to the rule, demanding that the Office of the United and nay vote of 220 yeas to 207 nays, Roll No. 474, States Attorney for the Central District of California the House agreed to the Conference Report on H.R. file criminal charges against Hermandad Mexicana 2378, making appropriations for the Treasury De- Nacional for failure to comply with a valid subpoena partment, the United States Postal Service, the Exec- under the Federal Contested Elections Act. utive Office of the President, and certain Independ- Pages H8253±62 ent Agencies, for the fiscal year ending September Agreed to H. Res. 253, the rule that provided for 30, 1998. Pages H8207±16 consideration of the resolution by a yea and nay vote Presidential Message—National Emergency Re of 221 yeas to 202 nays with 1 voting ‘‘present’’, Iran: Read a message from the President wherein he Roll No. 477. Earlier, agreed by unanimous consent transmitted his report concerning the national emer- to amend the rule. Pages H8244±53 gency with respect to Iran—referred to the Commit- Motion to Adjourn: Agreed to the Scarborough tee on International Relations and ordered printed motion to adjourn by a yea and nay vote of 206 yeas (H. Doc. 105–137). Page H8216 to 183 nays, Roll No. 479. Page H8262 Commerce, Justice, State, and Judiciary Appro- Suspensions: On Monday, September 29, the House priations: By a yea and nay vote of 227 yeas to 199 agreed to suspend the rules and pass the following nays, Roll No. 476, the House passed H.R. 2267, bills by voice vote: making appropriations for the Departments of Com- merce, Justice, and State, the Judiciary, and related Clint and Fabens, Texas Independent School agencies for the fiscal year ending September 30, Districts Conveyance: H.R. 1116, to provide for the 1998. The House completed general debate and con- conveyance of the reversionary interest of the United sidered amendments to the bill on September 24, 25 States in certain lands to the Clint Independent and 26. Pages H8216±44 School District and the Fabens Independent School Rejected the Bonior motion to recommit the bill District. Page H8063 to the Committee on Appropriations. Pages H8243±44 Child Support Incentive Act: H.R. 2487, amend- On demand for a separate vote, agreed to the ed, to improve the effectiveness and efficiency of the Hyde amendment that allows any defendant who child support enforcement program and thereby in- prevails in a federal prosecution an opportunity to crease the financial stability of single parent families recover attorney fees unless the government estab- including those attempting to leave welfare. lishes that it was substantially justified in initiating Page H8084 and prosecuting the case, by a voice vote. The Senate Messages: Messages received from the Senate amendment was agreed to in the Committee of the today appear on pages H8166, H8200, and H8229. Whole on September 25 by a recorded vote of 340 ayes to 84 noes, Roll No. 443. Page H8243 Referrals: S. 459, to amend the Native American Rejected: Programs Act of 1974 to extend certain authoriza- The Mollohan amendment that sought to retain tions, was referred to the committee on Resources. the full $381.8 million appropriated for Census Page H8263 2000; strike committee-reported language fencing all Quorum Calls—Votes: Ten yea-and-nay votes and but $100 million until enactment of authorizing five recorded votes developed during the proceedings legislation and prohibit the use of the un-fenced of the House today and appear on pages H8170, $100 million for activities relating to sampling; pro- H8170–71, H8172, H8183, H8188, hibit the use of any 1998 funds to make irreversible H8199–H8200, H8203–04, H8204–05, H8206–07, plans for the use of sampling or other statistical H8215–16, H8238–39, H8243–44, H8252–53, method in taking the census for purposes of congres- H8261–62, and H8262–63. There were no quorum sional apportionment; and create a board of observers calls. September 30, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1037 Adjournment: Met at 9:00 a.m. and adjourned at (FECA). Testimony was heard from the following of- 12:34 a.m. on Wednesday, October 1. ficials of the Department of Labor: Shelby Hallmark, Acting Assistant Secretary, Office of Worker’s Com- Committee Meetings pensation Programs; and Charles Masten, Inspector General; and Mike Brostek, Associate Director, Fed- OPM’s REPORT ON IMPROPER HIRING eral Management and Workforce Issues, GAO. PRACTICES AT NCUA MISCELLANEOUS MEASURES Committee on Banking and Financial Services: Sub- committee on General Oversight and Investigations Committee on Government Reform and Oversight: Ordered held a hearing to review OPM’s Report on Improper reported amended the following bills: H.R. 404, to Hiring Practices at the National Credit Union Ad- amend the Federal Property and Administrative ministration. Testimony was heard from Janice Services Act of 1949 to authorize the transfer to Lachance, Acting Director, OPM; and the following State and local governments of certain surplus prop- officials of the National Credit Union Administra- erty for use for law enforcement or public safety pur- tion: Norman D’Amours, Chairman; Shirlee Bowne, poses; and H.R. 1962, Presidential and Executive Vice-Chairman; and Yolanda Wheat, Board Member. Office Financial Accountability Act of 1997. OVERVIEW—NIH PROGRAMS MISCELLANEOUS MEASURES Committee on Commerce: Subcommittee on Health and Committee on International Relations: Ordered reported Environment held a hearing on an Overview of Na- amended H.R. 2386, United States-Taiwan Anti- tional Institutes of Health Programs. Testimony was Ballistic Missile Defense Cooperation Act. heard from the following officials of the NIH, De- The Committee also reconsidered its earlier action partment of Health and Human Services: Harold E. and ordered reported amended H.R. 967, to prohibit Varmus, M.D., Director; Francis Collins, M.D., Di- the use of United States funds to provide for the rector, National Human Genome Research Institute; participation of certain Chinese officials in inter- Donald Lindberg, M.D., Director, National Library national conferences, programs, and activities and to of Medicine; David Lipman, M.D., National Library provide that certain Chinese officials shall be ineli- of Medicine; Richard Hodes, M.D., Director, Na- gible to receive visas and be excluded from admis- tional Institutes of Aging; Zach Hall, M.D., Direc- sion to the United States tor, National Institute of Neurological Disorders and ADMINISTRATION’S POLICY TOWARD Stroke; and Anthony S. Fauci, M.D., Director, Na- ASIA tional Institute of Allergy and Infectious Diseases. Committee on International Relations: Subcommittee on COMMUNICATIONS SATELLITE Asia and the Pacific held a hearing on the Adminis- COMPETITION AND PRIVATIZATION ACT tration’s Policy Toward Asia. Testimony was heard Committee on Commerce: Subcommittee on Tele- from Stanley Roth, Assistant Secretary, East Asian communications, Trade, and Consumer Protection and Pacific Affairs, Department of State. held a hearing on H.R. 1872, Communications Sat- OVERSIGHT—SEEKING RESULTS FROM ellite Competition and Privatization Act of 1997. JUSTICE DEPARTMENT Testimony was heard from Regina M. Keeney, Inter- national Bureau Chief, FCC; Jack A. Gleason, Asso- Committee on the Judiciary: Held an oversight hearing ciate Administrator, International Affairs, National on Seeking Results from the Department of Justice. Telecommunications and Information Administra- Testimony was heard from Norman J. Rabkin, Di- tion, Department of Commerce; and public wit- rector, Administration of Justice Issues, General nesses. Government Division, GAO; and Stephen R. Colgate, Assistant Attorney General, Administration, PUBLIC AND PRIVATE SCHOOL CHOICE Justice Management Division, Department of Jus- Committee on Education and the Workforce: Subcommit- tice. tee on Early Childhood, Youth and Families held a MISCELLANEOUS MEASURES hearing on Public and Private School Choice. Testi- mony was heard from public witnesses. Committee on the Judiciary: Subcommittee on Courts and Intellectual Property approved for full Commit- REVIEW—FEDERAL EMPLOYEES tee action the following: H.R. 1534, amended, Pri- COMPENSATION ACT vate Property Rights Implementation Act of 1997; Committee on Education and the Workforce: Subcommit- H.R. 1967, to amend title 17, United States Code, tee on Workforce Protections held a hearing to Re- to provide that the distribution before January 1, view the Federal Employees Compensation Act 1978, of a phonorecord shall not for any purpose D1038 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 1997 constitute a publication of the musical work em- Permanent Select Committee on Intelligence: Meet in exec- bodied therein; H.R. 2265, amended, No Electronic utive session to hold a briefing on Gulflink. The Theft (NET) Act; and the Copyright Term Extension Committee was briefed by departmental witnesses. Act. OVERSIGHT Joint Meetings Committee on Resources: Held an oversight hearing on APPROPRIATIONS—TREASURY/POSTAL issues surrounding use of fire as a management tool SERVICE and its risks and benefits as they relate to the health Conferees on Monday, September 29, agreed to file a of the National Forests and the EPA’s National Am- conference report on the differences between the bient Air Quality Standards. Testimony was heard Senate- and House-passed versions of H.R. 2378, from Bruce Babbitt, Secretary of the Interior; Dan making appropriations for the Treasury Department, Glickman, Secretary of Agriculture; Carol M. the United States Postal Service, the Executive Office Browner, Administrator, EPA; and public witnesses. of the President, and certain independent agencies OVERSIGHT—BLM’S GRAZING for the fiscal year ending September 30, 1998. REDUCTIONS APPROPRIATIONS—INTERIOR Committee on Resources: Subcommittee on National Conferees continued in evening session to resolve the Parks and Public Lands held an oversight hearing on differences between the Senate- and House-passed Grazing Reductions and other issues on BLM lands. versions of H.R. 2107, making appropriations for Testimony was heard from Maitland Sharpe, Assist- the Department of the Interior and related agencies ant Director, Renewable Resources and Planning, for the fiscal year ending September 30, 1998. Department of the Interior; and public witnesses. APPROPRIATIONS—VA/HUD DOMAIN NAME SYSTEM Conferees agreed to file a conference report on the dif- Committee on Science: Subcommittee on Basic Research ferences between the Senate- and House-passed ver- continued hearings on Domain Name System (Part sions of H.R. 2158, making appropriations for the 2). Testimony was heard from public witnesses. Departments of Veterans Affairs and Housing and FAA’S EFFORTS TO CLOSE FLIGHT SERVICE Urban Development, and for sundry independent STATIONS agencies, commissions, corporations, and offices for the fiscal year ending September 30, 1998. Committee on Transportation and Infrastructure: Sub- committee on Aviation held a hearing on FAA’s ef- AUTHORIZATION—FOREIGN ASSISTANCE forts to close and consolidate flight service stations Conferees continued to resolve the differences between and to consider H.R. 1454, to prohibit the Adminis- the Senate- and House-passed versions of H.R. 1757, trator of the Federal Aviation Administration from to consolidate international affairs agencies, and to closing certain flight service stations. Testimony was authorize funds for the Department of State and re- heard from Representative Riggs; Ronald E. Morgan, lated agencies for fiscal years 1998 and 1999, but Director, Air Traffic, FAA, Department of Transpor- did not complete action thereon, and recessed subject tation; Nancy Flemming, Mayor, Eureka, California; to call. and public witnesses. f VETERANS LEGISLATION COMMITTEE MEETINGS FOR Committee on Veterans’ Affairs: Ordered reported the WEDNESDAY, OCTOBER 1, 1997 following bills: H.R. 1703, amended, Department of Veterans Affairs Employment Discrimination Preven- (Committee meetings are open unless otherwise indicated) tion Act; and H.R. 2571, to authorize major medical Senate facility projects and major medical facility leases for Committee on Appropriations, Subcommittee on Labor, the Department of Veterans Affairs for fiscal year Health and Human Services, and Education, to hold hear- 1998. ings to examine the results of a nationwide study by the FAST TRACK TRADE AUTHORITY National Cancer Institute of radioactive fallout from nu- Committee on Ways and Means: Subcommittee on Trade clear testing in the 1950s, 9 a.m., SD–192. held a hearing on the implementation of Fast Track Committee on Armed Services, to hold hearings on the Trade Authority. Testimony was heard from Representa- nomination of Jacques S. Gansler, of Virginia, to be tives Gephardt, Kolbe, Visclosky, Blumenauer, Dooley of Under Secretary of Defense for Acquisition and Tech- California and Moran of Virginia; Charlene Barshefsky, nology, 10 a.m., SR–222. U.S. Trade Representative; and public witnesses. Committee on Commerce, Science, and Transportation, to GULFLINK BRIEFING hold hearings on the nomination of William E. Kennard, September 30, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1039 of California, to be a Member of the Federal Communica- Committee on Education and the Workforce, to markup tions Commission, 9 a.m., SR–253. H.R. 2535, Emergency Student Loan Consolidation Act Committee on Energy and Natural Resources, Subcommittee of 1997, 10:30 a.m., 2175 Rayburn. on National Parks, Historic Preservation, and Recreation, Committee on Government Reform and Oversight, Sub- to hold hearings on S. 940, to provide for a study of the committee on Civil Service, hearing on ‘‘Contracting establishment of Midway Atoll as a national memorial to Out—Successes and Failures,’’ 10:30 a.m., 2154 Rayburn. the Battle of Midway, and H.R. 765, to ensure mainte- Committee on International Relations, hearing on the nance of a herd of wild horses in Cape Lookout National Threat from International Organized Crime and Global Seashore, 2 p.m., SD–366. Terrorism, 10 a.m., 2172 Rayburn. Committee on Finance, business meeting, to mark up pro- Subcommittee on Africa, to markup H. Con. Res. 130, posed legislation relating to tax provisions for the Inter- concerning the situation in Kenya; to be followed by a modal Surface Transportation Act of 1997, proposed leg- hearing on the Africa Crisis Response Initiative, 1 p.m., islation providing fast track trade negotiating authority, 2255 Rayburn. and proposed legislation providing special tariff treatment Committee on the Judiciary, Subcommittee on Crime, for certain Caribbean Basin countries, 10 a.m., SD–215. oversight hearing on marijuana referenda movement in Committee on Foreign Relations, Subcommittee on Near America, 9:30 a.m., 2141 Rayburn. Eastern and South Asian Affairs, to hold hearings to ex- Committee on National Security, Subcommittee on Mili- amine recent events in Algeria, 10 a.m., SD–419. tary Personnel, hearing on the Department of the Army Committee on the Judiciary, to hold hearings to examine Congress’ constitutional role in protecting religious lib- reports on and corrective actions related to recent cases of erty, 10 a.m., SD–226. sexual misconduct and related matters, 9:30 a.m., 2118 Committee on Labor and Human Resources, to hold hearings Rayburn. to examine voluntary initiatives to expand health insurance cov- Subcommittee on Military Research and Development, erage, 10 a.m., SD- 430. hearing on security of Russian nuclear weapons, 2 p.m., Committee on Rules and Administration, closed business 2118 Rayburn. meeting, concerning petitions filed in connection with a Committee on Resources, to consider the following meas- contested U.S. Senate election held in Louisiana in No- ures: H. Con. Res. 151, expressing the sense of the Con- vember 1996, 10 a.m., SR–301. gress that the United States should manage its public do- Select Committee on Intelligence, to hold hearings on the main National Forests to maximize the reduction of car- nomination of Lt. Gen. John A. Gordon, USAF, to be bon dioxide in the atmosphere among many other objec- Deputy Director of Central Intelligence, 2 p.m., SD–106. tives and that the United States should serve as an exam- ple and as a world leader in actively managing its public House domain national forests in a manner that substantially re- Committee on Agriculture, Subcommittee on Department duces the amount of carbon dioxide added to the atmos- Operations, Nutrition, and Foreign Agriculture, hearing phere; H.R. 1567, Eastern Wilderness Act; H.R. 1856, to review the USDA’s Government Performance and Re- Volunteers for Wildlife Act of 1997; H.R. 2000, to sults Act statement, 10 a.m., 1300 Longworth. amend the Alaska Native Claims Settlement Act to make Committee on Banking and Financial Services, Subcommit- certain clarifications to the land bank protection provi- tee on Capital Markets, Securities and Government Spon- sions; H.R. 2259, King Cove Health and Safety Act of sored Enterprises, hearing on Financial Accounting Stand- 1997; and H.R. 2402, Water-Related Technical Correc- ard’s Board (FASB) accounting rules for derivatives, 10 tions Act of 1997, 11 a.m., 1324 Longworth. a.m., 2128 Rayburn. Committee on Science, Subcommittee on Space and Aero- Subcommittee on Domestic and International Monetary nautics, hearing on Space Shuttle Safety, 10 a.m., 2318 Policy, hearing on Printing Flaws on the Redesigned $50 Rayburn. Bills, 1 p.m., 2222 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Commerce, Subcommittee on Health and committee on Aviation, hearing on allegations of cost Environment and the Subcommittee on Oversight and In- overruns and delays in the FAA’s wide area augmentation vestigations, joint hearing on the Implementation of the system (WAAS), 9:30 a.m., 2167 Rayburn. Clean Air Act National Ambient Air Quality Standards Committee on Ways and Means, to markup H.R. 2195, (NAAQS) Revisions for Ozone and Particulate Matter, 10 Laogai Slave Labor Products Act of 1997, 1 p.m., 1100 a.m., 2123 Rayburn. Longworth. D1040 CONGRESSIONAL RECORD — DAILY DIGEST September 30, 1997

Next meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, October 1 10 a.m., Wednesday, October 1

Senate Chamber House Chamber Program for Wednesday: Senate will consider the con- Program for Wednesday: Consideration of a motion to ference report on H.R. 2378, Treasury/Postal Service Ap- instruct conferees on H.R. 1757, State Department Au- propriations, 1998, with a vote to occur thereon, and re- thorization Act; sume consideration of S. 1156, D.C. Appropriations, Vote on 14 suspensions postponed from Monday, Sep- 1998. tember 29, and Consideration of H.R. 1127, National Monument Fair- ness Act of 1997 (modified closed rule, 1 hour of de- bate).

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