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, FRIDAY, JULY 25, 1997 No. 107 House of Representatives The House met at 9 a.m. lic for which it stands, one nation under God, cal of him, but it is nevertheless ex- The Reverend Bruce Mackenzie, First indivisible, with liberty and justice for all. traordinarily brutal. I have at this Congregational Church, Boulder, CO, f point six pages in my hands of names offered the following prayer: ANNOUNCEMENT BY THE SPEAKER of opposition leaders and independent Oh God of a thousand names and press people who have been arrested in faces, give light to our minds and The SPEAKER. The Chair will enter- the last 4 months alone, renowned lead- hearts, fill our inmost depths with tain five 1-minute speeches from each ers such as Vladimiro Roca, Marta Your healing presence, wash what is side. Beatriz Roque, Felix Bonne Carcasses, soiled, heal what is painful, bend what f and Rene Gomez Manzano have been is rigid, and lead us to fullness of life. WELCOMING THE REVEREND arrested; youth leaders such as Nestor Today we offer special gratitude for BRUCE MACKENZIE, GUEST Rodriguez Lobaina, Heriberto Leyva our Nation: for its freedoms that allow CHAPLAIN Rodriguez, and Rafael Fonseca Ochsa. each of us to express our faith in vari- As I say, I have six pages and they eties of ways and yet encourages re- (Mr. SKAGGS asked and was given are growing the list by the day. spect for those who express their faith permission to address the House for 1 I just want to send a word to the in different ways, and for its continu- minute and to revise and extend his re- jailers of these prisoners. To each of ing concern for our whole Earth and marks.) them who go so far as to lay a hand on the sharing with equity the resources Mr. SKAGGS. Mr. Speaker, it is my any political prisoner in Cuba, take of the world. personal privilege and honor to wel- note: It does not matter how long it Oh God with the vision of Your fu- come this morning to the House of takes, it does not matter how many ture, break us open to new ways of lov- Representatives my pastor from Boul- times they say that they are following ing and caring for all Your children, so der, CO, the Reverend Bruce Mackenzie orders, it does not matter where they that Your kingdom may come on who just delivered the opening prayer. go, the Cuban people will make certain Earth. Amen. He is the senior minister at the First that they will be found, and they will f Congregational Church in Boulder. He be taken to justice. is my pastor and my friend; he married f ANNOUNCEMENT BY THE SPEAKER me and my wife Laura some years ago. The SPEAKER. The Chair will note He has led our congregation in Boulder, MESSAGE FROM THE SENATE that today is the Chaplain’s birthday CO now for 27 years and will be retiring A message from the Senate by Mr. and everyone in the House should offer from that post next month, leaving a Lundregan, one of its clerks, an- him a happy birthday. grateful, if grieving, congregation. nounced that the Senate had passed f He certainly exemplifies the kind of without amendment a bill of the House inspirational leadership that we wish of the following title: THE JOURNAL for in our religious as well as our civic H.R. 1585. An act to allow postal patrons to The SPEAKER. The Chair has exam- life. His entire congregation shares in contribute to funding for breast cancer re- ined the Journal of the last day’s pro- this honor this morning and wishes search through the voluntary purchase of ceedings and announces to the House him well in his retirement. We have all certain specially issued United States post- his approval thereof. been the beneficiaries of his caring and age stamps, and for other purposes. Pursuant to clause 1, rule I, the Jour- joyful leadership. f nal stands approved. f TAX RELIEF FOR THE WEALTHY f A WARNING TO JAILERS OF CONTRIBUTORS WHO HELPED PLEDGE OF ALLEGIANCE CUBAN PRISONERS: THEY CAN THE REPUBLICANS WIN CON- The SPEAKER. Will the gentleman RUN BUT THEY CANNOT HIDE TROL OF CONGRESS from Florida [Mr. DIAZ-BALART] come (Mr. DIAZ-BALART asked and was (Mr. PALLONE asked and was given forward and lead the House in the given permission to address the House permission to address the House for 1 Pledge of Allegiance. for 1 minute and to revise and extend minute.) Mr. DIAZ-BALART led the Pledge of his remarks.) Mr. PALLONE. Madam Speaker, Re- Allegiance as follows: Mr. DIAZ-BALART. Madam Speaker, publicans have manipulated their tax I pledge allegiance to the Flag of the the Cuban tyrant is engaged in a Sta- bill to deliver as many tax breaks to United States of America, and to the Repub- linist crackdown which is pretty typi- the wealthy as possible, a new analysis

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.

H5781 H5782 CONGRESSIONAL RECORD — HOUSE July 25, 1997 shows. The Treasury Department this Albanians are being systematically like a knife through butter. Why is week released an analysis demonstrat- persecuted. Albanians are subject to that? Why do we not move for cam- ing that Republican tax breaks for the the next possible killing fields of the paign reform for the people but we can wealthy explode in cost in the out- world. Madam Speaker, Albania needs move very quickly for tax breaks for years, posing a serious threat to the help. Albania could become the next the rich? I think there is a causal con- balanced budget which Republicans Bosnia. nection. pretend to care so much about. The The State Department should do its Madam Speaker, just wait and see Treasury analysis found that the GOP job, and I urge Congress to pass House this next election period why we have tax package doubles in cost in the sec- Concurrent Resolution 36 sponsored by not passed campaign reform under the ond 10 years to a staggering $790 bil- the gentleman from New York [Mr. Republican leadership and why there lion, with nearly three-quarters of the GILMAN]. are big tax breaks for the rich under tax cuts going to the wealthy. f the Republican leadership. It is time, Madam Speaker, for Re- f STOP TWISTING THE TRUTH publicans in Congress to come clean ABOUT TAX RELIEF THOSE WHO PAY 80 PERCENT OF with the American people about their THE TAX BURDEN SHOULD GET priorities and admit that their plan de- (Mr. GUTKNECHT asked and was SOME TAX RELIEF livers tax relief not to the hard-work- given permission to address the House ing middle-income families who de- for 1 minute and to revise and extend (Mr. HEFLEY asked and was given serve it, but to the wealthy contribu- his remarks.) permission to address the House for 1 tors who helped them win control of Mr. GUTKNECHT. Madam Speaker, minute.) this Congress. David Gergen writing in this week’s Mr. HEFLEY. Madam Speaker, when f U.S. News & World Report says, and I was the last time that we heard a lib- quote, and David Gergen is a former eral talk about who pays what share of LONGSTANDING CAMPAIGN DEBTS Clinton administration adviser, he says the tax burden? REASON FOR MISTRUST OF it is time for the left to stop twisting Now let us think about that for just MEMBERS OF CONGRESS the truth about tax relief. a minute. I am very curious to know if (Mr. COBLE asked and was given per- Why is that important and why do we anyone can think of a single instance mission to address the House for 1 agree? And let me explain, because sen- in the past 84 years where a liberal minute and to revise and extend his re- iors in my district are starting to be- Democrat has talked about who pays marks.) come confused because our liberal what share of the tax burden. Mr. COBLE. Madam Speaker, it has friends are talking about this imputed According to the IRS, and C-SPAN recently been reported that a former income scheme where we can take peo- viewers can check these figures for Presidential candidate still has a cam- ple with one income level and impute themselves, the top 1 percent of income paign debt that was incurred in the their income up to a different level. earners in this country pay 29 percent 1980’s, years ago. Let me give my colleagues an exam- of the income taxes. Again, the top 1 At the conclusion of my first cam- ple of a couple in my district. Their percent pay 29 percent of the income paign for a seat in the Congress, I was real income is $8,700 a year, but their tax burden. saddled with a campaign debt. I home is paid for; of course they could How about this one? The top 25 per- promptly borrowed money and paid rent that home out. They also have ac- cent of income earners pay 80 percent those to whom my campaign was in- crued value and some pension plans of the income taxes. debted. To have done less, Madam and other things, but they are living on Madam Speaker, I leave it to my col- Speaker, would have been inexcusable $8,700 a year. Using the imputed in- leagues to decide. Are the wealthiest and without defense. Responsible peo- come scheme of the Democrats we can Americans paying their share? And do ple simply do not casually ignore take their income up to about $40,000 a my colleagues think that maybe those debts. year. So the question they have is if who pay 80 percent of the tax burden Campaign reform is consistently dis- the Democrat tax plan passes, will they ought to get some of the tax relief? My cussed on Capitol Hill. Perhaps the pay taxes on $40,000 a year or will they colleagues should decide. time has come to direct attention to pay on $8,700 a year? f the propriety of paying off campaign Madam Speaker, there is a big dif- b 0915 debts rather than ignoring them. ference. Seniors are confused. We owe Frequently we ask incredulously why them the truth. I hope that we can pass WORKING AMERICANS DESERVE the American people do not trust Mem- our plan. THE CHILD TAX CREDIT bers of Congress. Longstanding cam- f (Mr. STUPAK asked and was given paign debts that remain unpaid and ig- permission to address the House for 1 CAUSAL CONNECTION BETWEEN nored is one glaring reason. minute and to revise and extend his re- NO ACTION ON CAMPAIGN FI- f marks.) NANCE REFORM AND FAST AC- Mr. STUPAK. Madam Speaker, the ALBANIA COULD BECOME THE TION ON TAX BREAKS FOR THE other day I talked to a hard-working NEXT BOSNIA WEALTHY woman in my district. Sue has two (Mr. TRAFICANT asked and was (Mr. FARR of California asked and children under the age of 18. Unfortu- given permission to address the House was given permission to address the nately, she is divorced and her ex-hus- for 1 minute and to revise and extend House for 1 minute and to revise and band is not too reliable on his child his remarks.) extend his remarks.) support payments. Sue is a hard-work- Mr. TRAFICANT. Madam Speaker, Mr. FARR of California. Madam ing woman with a full-time job. She the former Yugoslav Republic of Mac- Speaker, I rise today to point out made $200 a week on her first job, and edonia is in turmoil. A new law limits something that I think is pretty obvi- then got a better job that paid her $7 the flying of the Albanian national ous around here, and that is the Presi- an hour, where she grosses $14,500 a flag. Infuriated Albanians gathered by dent was here earlier this year asking year. the thousands in protest. In Macedonia that this House deliver a campaign fi- Every payday Sue pays her State police opened fire on their crowds, kill- nance reform bill to him by July 4. We taxes, Federal taxes, and her Social Se- ing 4, wounding 70, and they have did not do it. We have had no hearings, curity, FICA. When she filed her taxes, locked up 400 Albanians that have yet we have had no votes, we have had no she received the earned income tax to be accounted for. Macedonia’s ac- discussion; we have had a lot of effort credit. She said the EITC helped her tions are a clear violation of inter- to try to get a campaign bill on the get caught up on her bills. It also in 1 national law, and after all this the floor. year allowed her to buy tires so she State Department has turned and Yet at the same time the tax bill, could drive back and forth to work. looked the other way. which gives incredible breaks to very Sue has never received public assist- Shame on the State Department. wealthy people, moves through here ance. Because Sue received the earned July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5783 income tax credit, and would receive ting clothes on their children’s backs, customary 30 minutes to my good the $500-per-child credit under the feeding them nutritious meals, keeping friend, the gentleman from Texas [Mr. Democratic tax cut plan, Republicans the family together under a roof, and FROST], pending which I yield myself say she is looking for welfare. Repub- staying warm in the winter. such time as I may consume. During licans say she should not receive the So it seems to me the compassion consideration of this resolution, all $500-per-child tax credit. Democrats see ought to start with those with the time yielded is for purposes of debate Sue as a hard-working American, and greatest need, not with the greatest only. we will stand with her and her two greed. GENERAL LEAVE children and give her the $500-per-child f Ms. PRYCE of Ohio. Mr. Speaker, I tax credit. PROVIDING FOR THE CONSIDER- ask unanimous consent that all Mem- f ATION OF H.R. 2209, LEGISLATIVE bers may have 5 legislative days within A STIFLING TAX BURDEN BRANCH APPROPRIATIONS ACT, which to revise and extend their re- 1998 marks on this resolution, and that I (Mr. RYUN asked and was given per- may be permitted to insert extraneous mission to address the House for 1 Ms. PRYCE of Ohio. Madam Speaker, material into the RECORD following my minute and to revise and extend his re- by direction of the Committee on Rules remarks. marks.) I call up House Resolution 197 and ask The SPEAKER pro tempore. Is there Mr. RYUN. Madam Speaker, the for its immediate consideration. objection to the request of the gentle- great historian, Will Durant, wrote, The Clerk read the resolution, as fol- woman from Ohio? and I quote, lows: There was no objection. A great civilization is not conquered from H. RES. 197 Ms. PRYCE of Ohio. Madam Speaker, without until it has destroyed itself within. Resolved, That at any time after the adop- House Resolution 197 makes in order The essential causes of Rome’s decline lay in tion of this resolution the Speaker may, pur- the bill H.R. 2209, the fiscal year 1998 her people, her morals, her class struggle, suant to clause 1(b) of rule XXIII, declare the legislative branch appropriations bill, her failing trade. . . her stifling taxes. House resolved into the Committee of the under a modified closed rule. Madam Speaker, as in ancient Rome, Whole House on the state of the Union for consideration of the bill (H.R. 2209) making At the outset I would like to com- our tax burden is stifling, and instead appropriations for the Legislative Branch for mend the chairman, the gentleman of working to reduce taxes, just as the fiscal year ending September 30, 1998, and from New York, Mr. WALSH, and the Members have heard, the Democrats for other purposes. The first reading of the ranking member, the gentleman from are trying to promote class warfare. bill shall be dispensed with. Points of order New York, Mr. JOSE´ SERRANO, and the We should not be arguing over who is against consideration of the bill for failure rest of my colleagues on the Sub- rich in this country; we should provide to comply with section 302 or 308 of the Con- committee on Legislative of the Com- a $500-per-child tax credit for all Amer- gressional Budget Act of 1974 are waived. mittee on Appropriations for their hard General debate shall be confined to the bill icans who honestly pay an income tax. work in bringing what has historically There are more than 130,000 children and shall not exceed one hour equally di- vided and controlled by the chairman and been a difficult bill to the floor. in my second district of Kansas whose ranking minority member of the Committee During this year’s bill, we will not be families need this tax cut. These Kan- on Appropriations. After general debate the free of controversy, I am afraid. I am sans deserve relief from a crushing tax bill shall be considered for amendment under sure we will hear from our friends in burden and an oppressive government the five-minute rule and shall be considered the minority about their concerns. Un- that undermines the family unit. as read. Points of order against provisions in fortunately, the bill has been hampered Madam Speaker, when we balance the bill for failure to comply with clause 2 or by issues that are outside the control the budget for the first time in 30 years 6 of rule XXI are waived. No amendment of the Committee on Rules. But given and cut taxes for the first time in 16 shall be in order except those printed in the report of the Committee on Rules accom- that there may be some folks who years, we will come a step closer to the panying this resolution. Each amendment would go so far as to recommend zero America envisioned by our Founding may be considered only in the order printed funding for the legislative branch and Fathers, where we have freedom, faith, in the report, may be offered only by a Mem- send us all home to get jobs in the real and families that prosper. ber designated in the report, shall be consid- world, I believe this is a very respon- f ered as read, shall be debatable for the time sible rule for a responsible bill. specified in the report equally divided and As the Reading Clerk has described A REPUBLICAN CONGRESS THAT controlled by the proponent and an oppo- for us, the rule waives a limited num- HAS COMPASSION FOR BILLION- nent, shall not be subject to amendment ex- ber of points of order against the con- AIRES cept as specified in the report, and shall not be subject to a demand for division of the sideration of the bill to permit timely (Mr. GEJDENSON asked and was question in the House or in the Committee of consideration and to address some given permission to address the House the Whole. All points of order against technical requirements with regard to for 1 minute and to revise and extend amendments printed in the report are the Congressional Budget Act, and his remarks.) waived. The Chairman of the Committee of transfers of funds within the bill. Mr. GEJDENSON. Madam Speaker, I the Whole may: (1) postpone until a time The rule makes in order four amend- must be missing something. One of the during further consideration in the Commit- ments printed in the Committee on great things about this country was tee of the Whole a request for a recorded Rules’ report to accompany this resolu- that we have been a compassionate vote on any amendment; and (2) reduce to five minutes the minimum time for elec- tion, to be offered only in the order country. My Republican friends seem tronic voting on any postponed question that printed in the report, by the Member to have incredible compassion for bil- follows another electronic vote without in- specified, and debatable for the time lionaires. tervening business: Provided, That the mini- specified in the report. The amend- Let me explain the difference to mum time for electronic voting on the first ments are to be considered as read and Members about the concerns. When we in any series of questions shall be fifteen are not subject to amendment or to a cut taxes for the top 1 and 2 percent, minutes. At the conclusion of consideration demand for a division of the question yes, they can get their new Mercedes a of the bill for amendment the Committee in either the House or in the Commit- couple of months earlier. They have to shall rise and report the bill to the House with such amendments as may have been tee of the Whole. In addition, all points make choices. When we cut their taxes, adopted. The previous question shall be con- of order against the amendments are they are able to make choices about sidered as ordered on the bill and amend- waived. yachts and trips and Mercedes. ments thereto to final passage without inter- Furthermore, the rule provides that When we talk about the people who vening motion except one motion to recom- the Chairman of the Committee of the work for a living and are at the bottom mit with or without instructions. Whole may postpone recorded votes on of the economic ladder, those people The SPEAKER pro tempore [Mrs. any amendment and that the Chairman who we deprive of the $500-per-child tax MORELLA]. The gentlewoman from Ohio may reduce voting time on a postponed credit because they pay other taxes, [Ms. PRYCE] is recognized for 1 hour. question to 5 minutes, provided that not just income taxes, these are people Ms. PRYCE of Ohio. Madam Speaker, the vote immediately follows another who are making decisions about put- for purposes of debate only, I yield the recorded vote, and that the voting time H5784 CONGRESSIONAL RECORD — HOUSE July 25, 1997 on the first in a series of votes is not just appropriations. It is also about rules may have occurred in connection less than 15 minutes. protecting the integrity of this institu- with the approval of $1.4 million out of Finally, the rule provides for one mo- tion, ensuring that we have the proper the committee reserve fund for an in- tion to recommit, with or without in- resources to legislate responsibly and vestigation into labor laws and union structions, as is the right of the minor- efficiently, and to preserve the Capitol activity. Even if such a violation did ity. and its grounds for Americans and visi- not occur, there has been an unmistak- Madam Speaker, while the annual tors to see and to enjoy. able breach in the commitments made funding bill for the operations of the Summer is the time when the Capitol on this House floor and a demonstra- House, the Senate, and various con- Building plays host to thousands of va- tion of contempt for the American tax- gressional agencies is often a lightning cation visitors who have come to see payers who will foot the bill for this rod for partisan conflict, we should not firsthand this hallowed shrine of his- unnecessary investigation. forget that the legislative branch ap- tory, democracy, and freedom. On January 7, 1997, the House adopt- propriations bill has also been a prime Throughout the year, these Halls of de- ed an amendment to rule XI authoriz- vehicle for reforming this institution mocracy echo with the sounds of ing the creation of a reserve fund ex- from within to make it more open, adults, children, and youth alike who pressly for the use of unanticipated ex- more effective, and more accountable want nothing more than a front row penses of committees. There is no am- to the people we serve. By adopting seat to watch the democratic process biguity in this language. The rules ex- this fair rule, we continue those impor- in action. It is for their sake and for fu- plicitly state that the expenses must tant reforms while further streamlin- ture generations of Americans who will be unanticipated. ing and updating the operations of this want to experience their democratic On February 13, 1997, the Committee unique and historic institution. heritage that we are considering this on Education and the Workforce adopt- As most of my colleagues know, this very important funding legislation ed an oversight plan which included a Congress has consistently emphasized today. project called the American Worker the need to have a balanced Federal While a completely open rule may and the Department of Labor. budget, and I am pleased to note that seem appealing, the operations of the Four months later, the chairman of under this year’s legislation funding Congress and the organizations that the Committee on Education and the for congressional operations will be $10 support our work are extremely vital, Workforce submitted a similar pro- million less than last year’s enacted Madam Speaker. We should consider posal to the Committee on House Over- level. floor amendments in a very, very care- sight and requested $1.4 million from Now, that may not be a great amount ful, measured way, something which is the contingency funds. This time the of money, but it is important for our less likely to happen under an open proposal was called a continuation of constituents back home to know that rule. In other words, I believe it is ben- the Education at a Crossroads project. we are taking the task of cutting gov- eficial to ourselves and to the people Let me quote from the original pro- ernment very seriously here. We are who sent us here to consider this bill in posal, the American Worker and the looking at our own backyard. We are a disciplined manner. Department of Labor, written Feb- doing our part to contribute to the Madam Speaker, this is a responsible ruary 13, and this is available on the larger deficit reduction effort, and we rule for a very responsible and reason- Internet for all Americans to read: have saved nearly $400 million since able legislative branch spending bill ‘‘The committee intends to initiate a fiscal year 1996, the first year of the that maintains our commitment to fis- systematic and comprehensive review Republican majority. cal responsibility and to doing more of the Department of Labor, its pro- This year, for example, H.R. 2209 cuts with less. grams and activities.’’ a total of 316 positions throughout the Madam Speaker, I urge a ‘‘yes’’ vote, Let me read from the alleged unan- legislative branch, and since 1994 near- and I reserve the balance of my time. ticipated, emergency proposal, Edu- Mr. HALL of Ohio. Madam Speaker, I ly 4,000 positions have been cut. The cation at a Crossroads project, 4 yield myself such time as I may bill saves $1.6 million in House Infor- months later: ‘‘This will include a re- mation Resources by cutting funding consume. (Mr. HALL of Ohio asked and was view of the Department of Labor and for 20 unused positions, reducing costs given permission to revise and extend its programs, activities, and spending for equipment replacement and gener- his remarks.) habits.’’ ating greater savings from increased Mr. HALL of Ohio. Madam Speaker, Now, quoting from the first proposal: competition for telecommunications this resolution is a modified closed ‘‘Among other things, the Committee services. rule. It allows for the consideration of hopes to review the DOL’s activities in It also funds the Joint Committee on H.R. 2209, the legislative branch appro- response to the Government Perform- Taxation at a level lower than was priations bill for fiscal 1998. This bill ance and Review Act.’’ originally requested. I am also pleased funds the activities of Congress and Quoting from the so-called unantici- to note that this year’s bill includes other agencies in the legislative pated, emergency proposal 4 months funding for a modest cost-of-living in- branch. later: ‘‘The project, in particular, will crease for congressional staff. I com- I will oppose the rule, Madam Speak- examine agency submissions under the mend the subcommittee for including er, and ask to defeat the previous ques- newly implemented Government Per- this COLA, because in so many ways tion because it fails to make in order formance and Review Act.’’ we are indebted to the hard work, dedi- an amendment offered by the gen- If this is not a violation of the House rule, it certainly violates the spirit of cation, and commitment of our staffs, tleman from Connecticut [Mr. GEJDEN- the rule and the repeated assurances who are dedicated public servants. SON] to prohibit the use of $7.9 million Finally, let me say a word or two previously set aside in a contingency House Members were given when the about the amending process of this bill. fund for use by House committees. contingency fund was established. The rule makes in order four amend- A statement by the chairman of the ments, two by Republican sponsors and b 0930 Committee on Rules from the CONGRES- two by Democrat sponsors. In addition I am reluctant to oppose this rule be- SIONAL RECORD when the rule was to considering those amendments, any cause the bill which funds the Congress adopted on January 7 stated that the Member who is still opposed to the bill is critical for operating our national reserve fund is expected to be for use can offer a final amendment through Government. Furthermore, I am reluc- only in extraordinary emergency or the customary motion to recommit tant on the grounds that just a single high priority circumstances. with instructions. amendment has been denied. However, That statement was read back to the Madam Speaker, this resolution is that single amendment is so important House by the vice chairman of the the traditional structured rule that we to the integrity of this institution that Committee on Rules on March 20 when have used in the past to debate funding my side has no choice but to force a de- the House took up a measure to put for the legislative branch. We should bate on the issue. $7.9 million into that fund: ‘‘extraor- keep in mind that the bill which this Madam Speaker, I believe that a woe- dinary, emergency, or high priority cir- rule makes in order is about more than ful and gross violation of the House cumstances.’’ July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5785 Again, on March 21, he reassured the and helpful throughout the process, as This bill continues a trend that was House that the reserve fund would be was his staff. begun under the leadership of my pred- fully accounted for and open to public The rule that was provided by the ecessor, the gentleman from California scrutiny to cover unexpected funding Committee on Rules is a modified [Mr. PACKARD] to downsize, to right emergencies. closed rule. This is the traditional ap- size the legislative branch. The Federal The decision to spend $1.4 million of proach to the legislative branch, the Government has grown like Topsy over taxpayer money from the contingency reason being this is the budget that we the past 20 or 25 years. The legislative fund was made by the House Commit- use to govern and to fulfill our respon- branch since the gentleman from Cali- tee on House Oversight. It was made at sibilities as legislators. This is always fornia [Mr. PACKARD] became chairman a stealth meeting on the evening of an opportunity for mischief. I am sure 2 years ago has exercised tremendous July 8 for which notice was given only that we will hear from a number of restraint. the day before. The committee denied a Members from the other side who are We are leading the Federal Govern- request to postpone the meeting so disappointed that certain amendments ment in the effort to downsize Govern- that the ranking minority member who were not granted, but those amend- ment. In fact, we have reduced staff on at the time was on official business ments, Madam Speaker, had absolutely the legislative branch by almost 14 per- with the President could attend. Of nothing to do with this bill. This bill cent. No other branch of the Federal course details of the emergency fund- funds the legislative branch. It also Government has done nearly as well, as ing request, such as they were, were funds the other aspects of the legisla- the gentlewoman from Ohio [Ms. tive branch other than the House, provided barely 24 hours before the PRYCE] mentioned. start of the meeting. The promised op- which would include the Library of If this budget is adopted over these 3 Congress, the Architect, Government portunity for public scrutiny never years, we will have reduced Federal Printing Office, General Accounting happened. spending just in the legislative branch Office, Capitol Police, Botanic Garden, Now it is time to shed some sunshine by almost $400 million. If every branch, et cetera. It is important that we stick on this decision. if every bureau of the Federal Govern- to those issues as laid out by the sub- Just what is the American taxpayer ment did what the legislative branch committee. getting for this $1.4 million? Details We had a good solid bipartisan ap- has done, we would have a Federal Gov- are sketchy but one member on the Re- proach all the way along on this bill. ernment surplus in the year 1998. We publican leadership team told the And unfortunately, as we came would not have to wait for a 5-year newspaper Roll Call the study will look through subcommittee to full commit- budget deal. We would not have a bal- at the ways labor leaders are not rep- tee, outside issues, as they have on anced budget. We would have a budget resenting workers and this will include other appropriations bills, have entered surplus of $183 billion, if we did what using dues for political purposes. in and sort of poisoned the well some- the legislative branch has done. I challenge any Member to come to what. Madam Speaker, I am very proud of this House floor and tell his colleagues I do think we have a good bill here. I this bill. I am very proud of the way that this funding request complies with think it is something that we can sup- that we arrived at this bill. Unfortu- the House rules because the project port on both sides of the aisle. But we nately, there will be some carping was unanticipated. will hear some weeping and gnashing of today about the rule and about the bill, I challenge any Member to say with a teeth about the amendments that were but overall I think in their heart of straight face that the need to inves- not allowed, and I would submit to my hearts everybody can agree that we did tigate the Labor Department is ex- colleagues that they do not belong on our best. This is the best bill we could traordinary or emergency. I challenge this bill. I think the Committee on bring forward. There is something here any Member to tell the American peo- Rules exercised good judgment in pro- that we can all support. ple that this $1.4 million boondoggle viding us with a rule that allows for Mr. HALL of Ohio. Madam Speaker, I that they are paying for is a high prior- two amendments from Democrats, two yield 3 minutes to the gentleman from ity circumstance. amendments from Republicans. Wisconsin [Mr. OBEY]. If the previous question is defeated, I I think every Member of the House Mr. OBEY. Madam Speaker, I cannot will offer an amendment to the rule- should take a moment and look around believe we are here again with this making and order the Gejdenson at our complex, at this campus where kind of a rule. We have just gone amendment to put an end to the con- we work and remind themselves of how through a very frustrating and acri- tingency fund and the wasteful spend- fortunate we are to be working here. monious period because the Committee ing it represents. A vote to defeat the The bill that we will be debating later on Rules chose to turn previously bi- previous question is a vote against provides the needed funds to maintain partisan bills reported out of the Com- spending millions of dollars on yet this vast campus and the wonderful mittee on Appropriations into partisan more endless investigations that no people who work here on a daily basis. war zones by the nature of amend- one really cares about. Cutting unnec- It is not just our personal or commit- ments which they did and did not allow essary spending is what our constitu- tee staffs who make up the House. on appropriation bills. ents elect us to do, so this is what we There are Capitol Hill Police, mainte- It took us a long time to work out should do now. I would say oppose the nance personnel, cafeteria workers, the arrangement last night on the for- rule, defeat the previous question. clerks, and a variety of services, eleva- eign operations bill which ended that Madam Speaker, I reserve the bal- tor operators, countless people, the sea controversy, I had hoped. ance of my time. of faces that we see every day who Now apparently we are right back at Ms. PRYCE of Ohio. Madam Speaker, make this place work. We have a re- it. It is important for the majority to I yield such time as he may consume sponsibility to them also, not just to understand that we have our respon- the distinguished gentleman from New each other as legislators but to the sibilities to manage these bills just as York [Mr. WALSH], the subcommittee people who work here and make this they have their responsibilities. And it chairman. place work. We are very, very fortu- is disruptive of the legislative process Mr. WALSH. Madam Speaker, I nate to have the degree of professional- when on a routine basis the request of would like to thank the gentlewoman ism that we have. our party’s bill managers on these bills from Ohio for yielding me time. We are also responsible for other of- is ignored and frustrated. We asked— I would like to thank very much the fices I mentioned, General Accounting and we gave them their choice—we Committee on Rules for the good solid Office, Congressional Budget Office, Li- asked that they make any one of three rule that they provided us for consider- brary of Congress, the greatest reposi- amendments in order which would ation of this bill. Let me begin by stat- tory of information on Earth, Madam allow us to eliminate or reduce the ex- ing that the Subcommittee on Legisla- Speaker. We have a huge responsibility penditure of public money under the tive worked in a very bipartisan man- to make sure that not only we take Speaker’s slush fund. And we were de- ner to produce this bill. My colleague, care of the physical structure but also nied the opportunity to reach that the gentleman from New York [Mr. the wonderful, intelligent, thoughtful problem with any of the amendments SERRANO], was extremely thoughtful people who work in these institutions. that we had before us. H5786 CONGRESSIONAL RECORD — HOUSE July 25, 1997 I think that is a very basic mistake. the gentleman from New York [Mr. Mr. OBEY. Madam Speaker, I want The fundamental job of this House—we WALSH] brought to the floor as the to correct the comments of the pre- can argue about taxes, we can argue ranking member at that time, he re- vious speaker. about all other authorizations—the quested at that time three amend- If he will go back and review the his- fundamental job of this House, after ments to be made in order. And the tory of the D.C. bill, what happened on all, is to get the basic work of the Gov- gentleman from Wisconsin [Mr. OBEY], that bill, and on several other occa- ernment done through the appropria- who was chairman of the committee, sions, is that the gentleman in ques- tions process. Rules like this get in the recommended to the Committee on tion asked that the Committee on way of that obligation. They extend Rules they make none of those amend- Rules make in order amendments the acrimony rather than shorten it. ments in order. Yet he was the ranking which would otherwise not have been They extend the debate rather than member at the time and they shut him allowed under the rules. It would have shorten it. They make it more difficult out. been nongermane under House rules, for the House to complete its work in a I just saw the gentleman from Ken- and we asked under those cir- timely fashion. tucky [Mr. ROGERS] walk through, who cumstances to deny them. Most of all, with this rule the House is chairman of the Subcommittee on I never said that there were not occa- has a clever way to sneak around the Commerce, Justice, State, and Judici- sions when the wishes of the ranking staff cuts which were provided in com- ary, and he had requested in that 103d minority member were not granted. Go mittees 2 years ago under the Repub- Congress that he have amendments back and read what I said. I never de- lican contract and now under this, made in order, too, as the ranking scribed that in any way. What I urged committees are able to get large member, and they just arbitrarily shut my colleagues to do was not on a rou- amounts of additional funding for large him out. tine basis turn down the request of amounts of additional staff without So let us be consistent around here. ranking members. ever having taken a vote on that on We are at all times trying to be fair. I do not expect the committee to the House floor. That is just plain This rule that is on the floor now, be- grant all of them, but I do expect them wrong. They ought not to do this. They cause it does deal with our funding for to grant a reasonable number. And the the legislature, should be fair. And of ought to listen to what witnesses be- fact is that this year the Committee on the 8 or 9 or 10 amendments that were fore their committee said last night. I Rules has routinely turned down the offered, we tried to consider all of the would hope that this episode will not requests of the ranking minority mem- Democrat amendments that we could, be repeated on future appropriation bers, and the record demonstrates that. and we ended up making in order 2 bills or, again, the House will not be Ms. PRYCE of Ohio. Madam Speaker, Democrat amendments and 2 Repub- providing the leadership to this coun- I yield such time as he may consume to lican amendments. Yet we are in the try that it ought to provide. the gentleman from New York [Mr. majority. Now, how much more fair SOLOMON], chairman of the Committee b 0945 can we be than that? on Rules. Ms. PRYCE of Ohio. Madam Speaker, And when we talk about closing down Mr. SOLOMON. Madam Speaker, the I yield such time as he may consume to the rules, we have come under great gentleman has just made my point. He criticism for putting out so many open the gentleman from New York [Mr. has mentioned that the gentleman rules. And we have heard Members on SOLOMON], the chairman of the Com- from New York [Mr. WALSH], the chair- that side of the aisle and Members on mittee on Rules. man, at the time the ranking member, our side of the aisle complain about all Mr. SOLOMON. Madam Speaker, the wanted to offer amendments that these open rules. They cannot get their last speaker is the ranking member of would not otherwise have been in order planes, they cannot go home on Friday the Committee on Appropriations. It is unless he received a waiver. afternoon to be with their constituents a very important position in this body, And that is really what this whole ar- and I personally have a great deal of and their families. In the 103d Congress, the last time gument started from at the beginning respect for him. that the Democrats controlled this from our very good friend, the gen- But the gentleman used to be the House, they had open rules about 40 tleman from Illinois [Mr. YATES], who I chairman of the Committee on Appro- percent of the time. Yet when we took greatly admire and respect, he has been priations, and when I hear statements over in the 104th Congress, we opened around here for so many years, on the like those just mentioned in the well a those rules up to 60 percent of the NEA issue. Whether we are for or few minutes ago, it really disturbs me time. So when we talk about this, let against it, the gentleman from Illinois because we always have to be consist- us try to get some comity in the wanted to offer an amendment that ent. House. would otherwise not be allowed with- I made a pledge when I became chair- We solved a big problem last night, out waivers because the program had man of the Committee on Rules 3 years tried to bring a compromise so that we not been authorized, the same thing as ago that we would be fair and open as could move the legislation which is so was the situation with the gentleman much as possible, and at all times at vital to the American people, and so let from New York [Mr. WALSH]. least as fair and more fair than the us not come down here and be critical So let us, again, put this aside, let us Democrats treated us when we were in of something that does not exist. We get down and really debate the issues. the minority. are here to try to move this legisla- That is what is important. That is And the gentleman comes to the well tion. We are under great deadlines be- what all the American people watching and he says that the majority, when he cause we do not want to get into a situ- us today want us to do. was chairman, never shut out the rank- ation where we close down the Govern- Mr. HALL of Ohio. Madam Speaker, I ing members when they wanted to offer ment because this Congress could not yield 3 minutes to the gentleman from an amendment because, as the ranking get together. Michigan [Mr. BONIOR]. member of the committee, they ought So let us move these appropriation Mr. BONIOR. Madam Speaker, the to have that opportunity. And I believe bills. They have to be dealt with by Gingrich Republicans have done it the gentleman is right. But the truth September 30. We are going to be off for again. They have launched another is, we have an example right now, we 31⁄2 weeks in August for constituent sneak attack in their campaign to un- have the gentleman from New York work periods back home. There are dermine the rights of working families, [Mr. WALSH], who now is chairman of very few legislative days left until Sep- and this time they are using taxpayer the Appropriations Subcommittee on tember 30. It is imperative we move the dollars to do it. Legislative, but he used to be the legislation. So let us work together I am talking about the Speaker’s al- chairman of the Subcommittee on the and let us move the legislation and location of $1.4 million to investigate, District of Columbia, of which Madam have a free and fair and open debate on intimidate, and to harass people and Speaker has a lot of interest in. it. organizations that are standing up for And just in the last Congress, in Mr. HALL of Ohio. Madam Speaker, I fair wages, worker safety, decent pen- other words the Congress that the yield 1 minute to the gentleman from sions, and the freedom of speech. This Democrats controlled, on the bill that Wisconsin [Mr. OBEY]. partisan slush fund, which was rushed July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5787 through the committee without any cause of the removal of the Office of tleman from California [Mr. FAZIO] and notice, without any substantive de- Technology Assessment in that con- I. There are strong supporters on that bate, is part of a broad Republican ef- ference after this floor sustained it. side of the aisle as well, in particular fort to silence the voices of anybody But I rise today in opposition to this the chairman of this committee. I be- who disagrees with them on working rule and of this bill, and I do so rue- lieve and agree with the gentleman issues. It is an effort to stifle the oppo- fully because I have great respect for from California that he is going to be a sition, to muffle the ideas they do not the gentlemen from New York, [Mr. strong supporter, and that he and the like, to stuff a rag down liberty’s WALSH] and [Mr. SERRANO]. I think gentleman from New York [Mr. throat. they are going to make the institution SERRANO] are going to make a team And why would Republicans try to si- proud. I think they will do an excellent that will stand up for honest debate lence the voice of America’s working job of taking one of the more impor- and honest policies with respect to the families? Because they do not like tant roles that we have, and that is to administration of the House of Rep- what they are saying. They do not like protect this institution and, by doing resentatives, the people’s House. what they are saying and they do not so, the rights of all Americans. b 1000 like the fact that these families, But what we are talking about today through their membership in unions, is a gag rule that does not permit this But I wanted to follow the gentleman are able to speak with force and pas- House to discuss the problems that are from California [Mr. FAZIO] and I want- sion and clarity about their vision for eating us alive, and I mean problems ed to follow him with respect to this a better America. that are attendant to investigations, as investigation that is going on with re- Madam Speaker, our parents and our the gentleman from Michigan [Mr. spect to one of our Members, an inves- grandparents fought, went to jail, were BONIOR] said, of labor, that are not tigation that has now been going on for beaten, sometimes even died for basic voted by Members here on the floor but 8 months that is unprecedented. rights that millions of working Ameri- done in a back-room deal using a cook- First of all, it is the first time in his- cans now enjoy and, unfortunately, ie jar fund that was put aside for the tory, the first time in history, under take for granted: The 40-hour work- fun and pleasure of the Republican the Federal Contested Election Act, week, the 8-hour day, maternity leave, leadership. where a Member has ever been allowed paid sick leave, the weekend, secured More important, we are engaged in to have subpoena power to subpoena pensions, safety laws in this country. an investigation, supposedly of cam- organizations like Catholic Charities They did not just happen. They hap- paign finance violations, by another and ask for all their financial records. pened because someone stood up and committee which is being run in the It is the first time in history that we struggled and fought for them. most partisan manner anyone has ever have not disposed of a Federal Con- Now, the Speaker and his Republican recognized in Washington. The similar tested Election Act case either because colleagues are trying to take those investigation on the other side puts us it was withdrawn or because in a pre- basic rights away from us and they are to shame because of the bipartisan liminary fashion we decided there was trying to give big corporations unprec- manner in which it is being conducted. not sufficient evidence to move for- edented powers over our lives. All we But we are also in the midst of an- ward. have to do is look at the tax bill. The other investigation that I think we all The gentlewoman from California corporate minimum tax. They want to have to focus on, and that is a con- [Ms. SANCHEZ]. It is the first time in basically forgive corporations from certed effort to prolong the agony of history in any district in America that paying Federal taxes. They have a $22 one of our Members. The gentlewoman INS has been asked to compare the billion giveaway in their proposal to from California, Ms. LORETTA SANCHEZ, names of the voters with their lists. the large corporations, to go back to won, and has been certified as the win- My colleagues, think of the message the 1980’s when companies like AT&T ner by the California Secretary of that we are sending. Think of the mes- and Boeing paid no Federal income tax State, a close race in what had been to- sage that we are sending to those and the rest of us picked it up. Their tally Republican Orange County. Americans; Americans, I stress, of His- tax bill? Five percent of Americans, Today, we continue to prolong her panic background. the richest 5 percent, get 60 percent of agony by preventing her from being I am a Danish-American. Never in the benefits. made a permanent Member of this in- history has anybody asked that we And, of course, they have made an stitution. check on Danish-Americans through all-out assault on the minimum wage I think we have to be very sensitive the INS. That is why I am against this in their bill through independent con- to what has been going on in this in- rule, because they did not allow debate tracting, which would allow people to vestigation. If her name were Smith on this critical issue and recompense of be paid below the minimum wage, and not Sanchez, we would not be in- $150,000 to the INS, as they should do. would allow health benefits and pen- vestigating the Browns and the Joneses Ms. PRYCE of Ohio. Mr. Speaker, I sion benefits to be taken away. and the Littles, we would be inves- yield such time as he may consume to So what they are doing with this tigating people who may have, perhaps, the gentleman from New York [Mr. slush fund, to silence workers and their made some inappropriate decision WALSH], chairman of the subcommit- unions as a voice to stand up for work- about voting. But we would not be tee. er rights, is a pattern of attack on doing it by investigating the Mr. WALSH. Mr. Speaker, I thank working families’ basic rights. It fits Rodriguezes and the Ortizes, because the gentlewoman for yielding. This de- this pattern they have been about. It is they happen to be Hispanic. bate really is disintegrating, and it is intending to intimidate and undermine In my view, this investigation is out really unfortunate. To wave the bloody labor’s voice in the political process. of bounds and over the line and ought shirt of ethnicity on a debate on the Vote ‘‘no’’ on the previous question, to be ended. And we have no chance rule really demeans all of us. It really vote ‘‘no’’ on the rule, and let us make here today to express our frustration does. in order the Gejdenson amendment so during the course of this debate. We I am chairman of the subcommittee. we can get some justice in this institu- should have and, therefore, we should The gentleman from New York [Mr. tion. This is the wrong way to treat defeat this rule. SERRANO], the ranking member, is His- working people. Mr. HALL of Ohio. Madam Speaker, I panic. I do not think there is a Member Mr. HALL of Ohio. Madam Speaker, I yield 2 minutes to the gentleman from in this body who I respect more than yield 21⁄2 minutes to the gentleman Maryland [Mr. HOYER]. that gentleman. The points that were from California [Mr. FAZIO]. Mr. HOYER. Madam Speaker, I made I do not think reflect well on this Mr. FAZIO of California. Madam thank the gentleman for yielding me body. They certainly do not reflect Speaker, I have never voted against a this time. well on this rule. rule on legislative branch before in all I am pleased to follow my colleague To get back to the specifics of the re- the years I have been a Member, and I from California. I do not know that quest, $150,000 out of the legislative have only voted against the conference there are any two more stronger sup- branch to give the Immigration Natu- report on one legislative branch bill be- porters of the institution than the gen- ralization Service. They did not ask for H5788 CONGRESSIONAL RECORD — HOUSE July 25, 1997 this money. It takes money out of the But I must say that this Congress Official Mail Allowance to avoid this substi- operations of the legislative branch, and this Committee on Rules, and par- tution affect and my second amendment does which, as we all know, we have reduced ticularly the gentleman from Califor- this. 3 years in a row. nia [Mr. THOMAS], have really started My third amendment reduces the MRA by This amendment does not have any- to address these issues. And for this I $5,674,000, the amount that the Appropria- thing to do with the legislative branch. have tremendous praise for them. tions Committee recommends as an increase It is an opportunity for the minority to For example, we have gone from a in the Official Mail Allowance. This 27 percent vent. They are frustrated. We were high in 1988 of $113.4 million for frank increase over fiscal year 1997 funding is com- frustrated when we were in the minor- mail to free mail, which is sometimes pletely unjustifiable. Given the excellent work ity, too. It goes with the turf. But we used for political reasons, to a low of the Appropriations Committee has done in re- have tried to be fair. This rule allows $30 million in fiscal year 1995. I am con- cent years to reduce taxpayer funding of for amendments for Democrats and Re- vinced, after discussing this with the franked mail, I believe this is the wrong ap- publicans, but they have got to be ger- gentleman from California [Mr. THOM- proach to take. mane to the bill. They should be fair. I AS], chairman of the House Committee I know that it is impossible to serve constitu- think we have been fair. Fairness, obvi- on Government Reform and Oversight, ents well while spending relatively little on ously, is in the eyes of the beholder. that we are going to try to address franked mail, because I represent the third But we really have done our best to even additional areas with respect to largest congressional district in the country, give everybody their opportunity on this to make sure that our mail is used and yet I am consistently among the lowest this bill. And this idea of ethnicity for the purposes of responding to our franked mail spenders. We are diligent, how- really has absolutely nothing to do constituents and not for mass mail ever, at responding to letters and phone calls with this bill. used in a political sense. from constituents, and we have a very orga- I am Irish-American. The gentleman For that reason, I am here to report nized, computerized system of tracking the from Maryland [Mr. HOYER] is Danish- that even though my particular amend- mail we receive and send out. The way I ac- American. There is room in this bill, in ments, which I do not think we need to complish this is by refusing to send my con- this Nation, for all of us. discuss now, are not being considered stituents unsolicited newsletters, question- Mr. HALL of Ohio. Mr. Speaker, I on the floor, the direction is good, the naires, or postcards using the franked mail yield 1 minute to the gentlewoman effort is good, the focus is there, Con- privilege. from Connecticut [Mrs. KENNELLY]. gress is going in the right direction. I Last year, the Rules Committee made in Mrs. KENNELLY of Connecticut. Mr. just hope we can continue to do this. order two franking disclosure amendments I Speaker, I rise to express my deep con- Mr. Speaker, I am here today because I'd offered, which were adopted on the floor and cern about the subject being discussed like you to make in order three amendments have been made permanent. Those were and how some of the moneys in this to the legislative branch appropriations bill. good reforms, and I appreciate your making bill could be appropriated. These amendments build upon the progress the amendments in order. I believe that these Since the polls closed in November, Congress has made in recent years to reduce amendments also make important reforms, one of our colleagues, the gentlewoman the cost to taxpayers of the congressional and hope you will give them every consider- from California [Ms. SANCHEZ], has franking privilege. ation. been subjected to unprecedented har- During the last decade, Congress spent Mr. THOMAS. Mr. Speaker, will the assment. Her defeated opponent has from a high of $113.4 million in fiscal year gentleman yield? been given subpoena power. He has 1988 to a low of $30 million in fiscal year 1995 Mr. CASTLE. I yield to the gen- used this power to harass not only the on franked mail. This is an impressive reduc- tleman from California. gentlewoman from California [Ms. tion. Nevertheless, I believe improvements can Mr. THOMAS. Mr. Speaker, I want to SANCHEZ] and her family, but Catholic still be made, notwithstanding the legitimate thank the gentleman from Delaware nuns, college students, and many oth- need Members have to respond to the inquir- [Mr. CASTLE] for his continued vigi- ers. ies and concerns of their constituents. lance. Amendments made in the last We are now 9 months into this ludi- My first amendment will ban mass mailings Congress have moved us much along crous tantrum by this poor, dis- during election years up to the general elec- the path of making sure that the appointed man who lost. We have ex- tion. Use of the frank increases cyclically dur- former tactic of having a sawed-tooth pended hundreds of thousands of dol- ing every election year. During the 103d Con- pattern of mail, oddly enough, the lars in this assault, and it is time for it gress, the House spent $24 million in 1993, greatest expense during election years, to stop. I say to my colleagues in the and $42 million in 1994. During the 104th has been smoothed out significantly. majority, accept the word of the vot- Congress, the House spent $24.5 million in No longer is the old partisan pattern ers, cease this constant undermining of 1995 and $27 million in 1996. being followed. It is largely due to the this Member, the gentlewoman from Currently, Members cannot send franked continued vigilance of the gentleman California [Ms. SANCHEZ]. Let her do mass mail 90 days before a primary or gen- from Delaware [Mr. CASTLE]. what she came to Washington to do, to eral election. Since primaries occur on dif- Mr. HALL of Ohio. Mr. Speaker, how vote all her considerable intelligence, ferent dates in different States, Members are much time does my side remaining? energy, judgment to the constituents held to different mass mail standards depend- The SPEAKER pro tempore (Mr. who have sent her here. ing on the dates of their primaries. My amend- PEASE). The gentleman from Ohio [Mr. I urge my colleagues, in the name of ment will simplify the issue by banning all HALL] has 11 minutes. The gentle- the gentlewoman from California [Ms. mass mailings prior to election day in election woman from Ohio [Ms. PRYCE] has 10 SANCHEZ], to oppose this rule. years. It will prevent House Members facing minutes. Ms. PRYCE of Ohio. Mr. Speaker, I tough reelection campaigns from tapping into Mr. HALL of Ohio. Mr. Speaker, I yield 2 minutes to the gentleman from their official office accounts to flood constitu- yield 1 minute to the gentleman from Delaware [Mr. CASTLE]. ents with self-promoting newsletters and Missouri [Mr. CLAY]. Mr. CASTLE. Mr. Speaker, I thank mailings. Mr. CLAY. Mr. Speaker, I thank the the gentlewoman for yielding. I will be My second amendment addresses a rel- gentleman from Ohio for yielding me relatively brief. Actually, I am one who atively new issue, raised by changes in House the time. presented three amendments, which rules which permit Members to use their Mem- Mr. Speaker, 3 weeks ago, Repub- were turned down. But I rise in support bers Representational Allowance [MRA] to pay licans met behind closed doors and of the rule. for radio advertisements. The cost of these hatched a devious partisan political My concern is, as it has been for advertisements are not counted against a campaign with $1.4 million in public some time, and this raises bipartisan Members's Official Mail Allowance, even funds to harass and intimidate work- hackles, I might add, is the use of the though these radio advertisements are gen- ers, union leaders, and the Department franking privilege. I believe that some- erally substituted for town meeting notices of Labor. Now under this rule, which times it is used in a political context, sent by mail. This oversight frees up additional prohibits amendments, Republicans which concerns me a great deal. And I funds for a Member to spend on unsolicited want to deny Members of this House a presented three amendments to address mass mailings. I believe that these advertise- vote to eliminate their $7.9 million this. ments should be counted against a Member's slush fund from which this $1.4 million July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5789 boondoggle was withdrawn. The Repub- work. It is unfortunate that we are les Times, said, ‘‘Yet a close review of lican slush fund was supposed to be here today to oppose the rule. It is un- Dornan’s contentions shows them to be used, and I quote, for unanticipated ex- fortunate that we as elected represent- overstated and riddled with uncertain- penses of committees. atives of the people cannot debate the ties.’’ Well, if there is one thing in this question. Why? America, speak out. Do What do we do in this House? Con- Congress that was not unanticipated, it not let this Congress get away with tinue to comfort and pamper Mr. Dor- is the continued Republican assault on again going after investigation and in- nan, while a working Member, a His- the rights of working men and women. vestigation. Let us get back to the peo- panic woman, is attacked by the Re- Time and time again, the leadership of ple’s work. publicans. I wish we would vote against this House attacks the rights of work- Mr. Speaker, oppose the rule, oppose this rule and vote against this bill. ers and then abuses House procedures the previous question. b 1015 to choke off dissent against their ex- Ms. PRYCE of Ohio. Mr. Speaker, I Ms. PRYCE of Ohio. Mr. Speaker, I tremist agenda. By denying the vote on continue to reserve the balance of my yield such time as he may consume to the Gejdenson amendment, the Repub- time. the gentleman from California [Mr. lican majority is striking another blow Mr. HALL of Ohio. Mr. Speaker, I DREIER]. yield 1 minute to the gentlewoman against democracy. (Mr. DREIER asked and was given Mr. Speaker, we should reject this from Hawaii [Mrs. MINK]. permission to revise and extend his re- Mrs. MINK of Hawaii. Mr. Speaker, I rule. marks.) Ms. PRYCE of Ohio. Mr. Speaker, I thank the gentleman from Ohio [Mr. Mr. DREIER. Mr. Speaker, I would reserve the balance of my time. I think HALL] for yielding. like to get back onto the issue here if we only have two speakers remaining. I rise today in opposition to this rule I could. I rise in very strong support of Mr. HALL of Ohio. Mr. Speaker, I because I believe when this House de- this rule. The gentleman from Mary- bates the legislative appropriations yield as much time as she may land [Mr. HOYER] was talking a few consume to the gentlewoman from bill, each Member has a right to ques- minutes ago about the number of peo- Michigan [Ms. KILPATRICK]. tion the expenditures of this House. I ple here who have a great deal of pride Ms. KILPATRICK. Mr. Speaker, I believe that the prolonged investiga- and reverence for this institution. I thank the gentleman from Ohio [Mr. tion of the election of our colleague, clearly consider myself to be among HALL] for allowing me the opportunity the gentlewoman from California [Ms. them. I am very proud of the work that to speak. SANCHEZ] is an issue that confronts the the gentleman from California [Mr. As a member of the House Committee integrity of this House. THOMAS] has done to try and deal with on Government Reform and Oversight For the first time in the history of reform of an institution which spent and a new Member of this Congress, as this Nation, voters, legitimate voters, most of its time on legislative branch many Members and people of America have been put on a list and run through work simply trying to ensure the re- may remember, on January 7 this Con- the INS register simply because they election of its Members. I am very gress adopted budgets for the various have ethnic last names, Hispanic, proud of the work of the gentleman committees of the Congress; and in Asian. I think that is an affront. And from New York [Mr. WALSH] and of so that adoption, after some dismay, that practice has been more or less au- many others who have focused on en- there was set aside a $7.9 million re- thorized by this House if we do not in- suring that this institution expands serve fund, more commonly known as quire into it. It is a very, very specious the deliberative nature and that we are slush fund, that was supposed to be way to conduct an investigation. And I in fact accountable to the people who used for three purposes: high priority, believe the House has a right to go into sent us here. I am very saddened to see emergencies, and extraordinary cir- it, inquire on the practice of this com- this debate deteriorate to, as the gen- cumstances. mittee, and root out those that are be- tleman from New York [Mr. WALSH] On July 8, with less than 24-hour no- ginning this kind of racist inquiry. has said, a case of waving the bloody tice, as the rules require, the House Ms. PRYCE of Ohio. Mr. Speaker, I shirt of racism. I happen to like the Committee on Government Reform and reserve the balance of my time. gentlewoman from California [Ms. Oversight was called together and a Mr. HALL of Ohio. Mr. Speaker, I SANCHEZ]. She agrees with me on a $1.4 million deduction from that slush yield 1 minute to the gentlewoman number of issues like cutting the cap- fund was had for an investigation of from Texas [Ms. JACKSON-LEE]. ital gains tax rate. I think she is a very the Labor and Education Department. (Ms. JACKSON-LEE of Texas asked decent, hardworking person. And I am As a member of the House Committee and was given permission to revise and very concerned about the prospect of on Government Reform and Oversight, extend her remarks.) seeing us in any way discriminate I felt then, as I do now, that the rules Ms. JACKSON-LEE of Texas. Mr. against Hispanic-Americans. I come had not been followed, that we did not Speaker, let me offer my respect for from Los Angeles, CA. I am very sen- have proper notice, that we were again the respective chairman and ranking sitive to this issue. But the fact of the going to spend another $1 million of member of this committee. Many of us matter is there are many Hispanic the American people’s money on an- hate to have to come before this body Americans in my State who have said other investigation. and oppose the rule and oppose the bill. to me, we have to ensure that that very Since 1996, over $10 million have been Primarily we think that it is a ques- precious franchise, the right to vote, is spent on investigations. Over the last tion of dignity and respect. Already we not in any way jeopardized. 18 months, over $30 million has been understand that many of our Members And so, Mr. Speaker, I think that the spent on investigations. on the side of the minority have not work that is being done to ensure that I rise to oppose the rule. I rise to de- been allowed to address the attack on every single vote counts is correct feat the previous question, because I one of our Members, a Member who has work, and I believe that this rule is a believe the American people want us to been duly elected by her constituents, very fair and balanced rule. As the gen- have the input and the exchange. That the gentlewoman from California [Ms. tleman from New York [Mr. WALSH] is why they sent us here. I believe the SANCHEZ]. has said, it ensures that the consider- American people want us to debate the In an instance where it was one of ation of both Democrats and Repub- issues. And, therefore, because the the largest victories that the Federal licans is brought into the mix here. Let Gejdenson amendments were not Election Contest Act has ever had to us support the previous question, let us adopted yesterday, it would allow that review, where a task force looking into support the rule, and let us support opportunity. That is why we put it on it has said Dornan, who lost, really has what I am convinced will be a very, the table, why this $1.4 was deducted, no credible evidence that there has very good legislative branch appropria- why the slush fund initially was incor- been any violations. tions product that will emerge from porated, and why today we have before Independent scholars have already this House. us another investigation. challenged Mr. Dornan on the constitu- Mr. HALL of Ohio. Mr. Speaker, I The Labor Department is a fine de- tionality of his subpoenas. And, yes, a yield 1 minute to the gentlewoman partment, and its employees do good Los Angeles newspaper, the Los Ange- from New York [Ms. VELA´ ZQUEZ]. H5790 CONGRESSIONAL RECORD — HOUSE July 25, 1997 Ms. VELAZQUEZ. Mr. Speaker, I rise have a responsibility here to do our fice scandal. We had all kinds of things in strong opposition to the rule. The work, to try to stay in budget, but to going on. Republicans were screaming Republican leadership is trying to fund make sure that what we do here really and yelling about it. its own partisan attack on their en- serves the best interests of the Amer- Today I have to tell my colleagues, emies while they are trying to deny ican people. after all these years, and with all due Democrats the right to bring amend- We have had sufficient funds appro- respect to my colleagues, I think we ments to the floor. The Republicans priated to that committee so that we are working better together right now are using the Committee on House do not need to dip into this slush fund. than we were back in those days. I will Oversight to fund an unprecedented at- This slush fund ought to be abandoned. have to admit I was frustrated in those tack on the election of the gentle- It is a political tool directed by the days. I was very frustrated and I was woman from California [Ms. SANCHEZ]. Speaker to get people that are in his probably screaming. In fact most of my They have spent over $300,000 of tax- way. colleagues can remember me screaming payer money to attack a Hispanic When we take a look at what this and yelling in those days. But I think woman and to intimidate Hispanic vot- committee has been doing, it has left that we are actually working better ers. the minority without rights. But we now than we did when I first became a This is a clear attack on the voting are not going to argue process. It has Member of the House. There is always rights of minorities and an utter abuse held meeting after meeting without no- room for improvement and I hope we of power. The Republicans have even tice. Let me tell my colleagues when I will. subpoenaed the INS to try to dig up was a committee chair, my ranking Re- Mr. HALL of Ohio. Mr. Speaker, I dirt on immigrants. publican TOBY ROTH, we gave him ev- yield myself the balance of my time. Mr. Speaker, the Republican leader- erything as soon as we had it. We noti- Mr. Speaker, I urge my colleagues to ship must not be allowed to trample fied meetings weeks in advance. join me in defeating the previous ques- the rights of Latinos. They must not be When we take a look at what has tion to make in order the amendment allowed to use their power to prevent happened here, we walk in, we do not by the gentleman from Connecticut Democrats from bringing important see the language until we sit down to [Mr. GEJDENSON] which was defeated in amendments to a vote. Vote ‘‘no’’ on vote. But all that is secondary. The is- the Committee on Rules yesterday. the rule. sues that are here and outrageous are The amendment would cap funds for Mr. HALL of Ohio. Mr. Speaker, I the continued harassment of the gen- committee expenses at the level identi- yield 4 minutes to the gentleman from tlewoman from California [Ms. fied for them in the committee funding Connecticut [Mr. GEJDENSON]. SANCHEZ] and the continued use of resolution for the 105th Congress. Mr. GEJDENSON. Mr. Speaker, what funds for political purposes out of this This vote, the vote on whether to order the has developed here over a number of slush fund. previous question on a special rule, is not years is class warfare. It is exhibited in The Speaker basically gets to decide merely a procedural vote. almost every action taken by the Re- who he is going to go after by tapping A vote against ordering the previous ques- publican majority on the Sanchez mat- into $7.9 million. The House does not tion is a vote against the Republican majority ter. It did not start with SANCHEZ. In get to look at those funds. You snuck agenda and a vote to allow the opposition, at 1980, we watched men wearing black that through early, got a nice party least for the moment, to offer an alternative armbands descend upon polling places line vote to make sure you could have plan. that have large minority populations a slush fund to continue your political It is a vote about what the House should be trying to dissuade them from voting. and partisan wars. debating. Any of us who are immigrants, who We are here today to say that is The vote on the previous question on a rule come here without all the guarantees enough. Let us join together and reject does have substantive policy implications. It is of freedom and protection of law, know this rule and go forward with a process one of the only available tools for those who how easy it is to intimidate the poor that gives every Member of this House oppose the Republican majority's agenda to and the new Americans from partici- the right to cleanse the funding of that offer an alternative plan. Mr. Speaker, I include the following pating, how they can easily remember slush fund. material for the RECORD: the fears of the countries they fled. Mr. HALL of Ohio. Mr. Speaker, I The Republican majority opposes yield 30 seconds to the gentleman from THE VOTE ON THE PREVIOUS QUESTION: WHAT IT REALLY MEANS motor-voter and particularly opposes Georgia [Mr. LEWIS]. This vote on whether to order the previous poor people having systems where the Mr. LEWIS of Georgia. Mr. Speaker, question on a special rule, is not merely a poor can get registered. millions of dollars for a partisan inves- procedural vote. A vote against ordering the One of the members of the Commit- tigation into campaign finance abuses, previous question is a vote against the Re- tee on Appropriations in a discussion millions of dollars for an investigation publican majority agenda and a vote to allow last week said that the real motive be- intended to intimidate organized labor, the opposition, at least for the moment, to hind the Sanchez contest was not sim- hundreds of thousands of dollars to offer an alternative plan. It is a vote about ply SANCHEZ, the reason for pursuing it harass and intimidate a Hispanic what the House should be debating. was to get motor-voter. We have a woman Member of Congress. Mr. Clarence Cannon’s ‘‘Precedents of the House of Representatives,’’ (VI, 308–311) de- right and an obligation to review elec- It is not right, it is not fair, it is a scribes the vote on the previous question on tions. But the extent, the lack of due shame and a disgrace. Defeat the pre- the rule as ‘‘a motion to direct or control the process that has occurred in this re- vious question and defeat this rule. consideration of the subject before the House view is outrageous. Ms. PRYCE of Ohio. Mr. Speaker, I being made by the Member in charge.’’ To On the money side, $30 to $50 million yield 1 minute to the gentleman from defeat the previous question is to give the of investigations have been initiated by California [Mr. ROHRABACHER]. opposition a chance to decide the subject be- those who claim to be careful with dol- Mr. ROHRABACHER. Mr. Speaker, I fore the House. Cannon cites the Speaker’s lars. The outrageous slush fund and its think the Republicans are trying to do ruling of January 13, 1920, to the effect that their very best job here. We heard a lot ‘‘the refusal of the House to sustain the de- use, to add over $1 million, $1.4 million mand for the previous question passes the to the Committee on Education and of screaming and yelling. I do not know control of the resolution to the opposition’’ the Workforce is as if we have an in- if my colleagues remember exactly in order to offer an amendment. On March house counsel, we had a lawyer that what happened, but when the Demo- 15, 1909, a member of the majority party of- worked for our company and then when crats were in charge, they were not ex- fered a rule resolution. The House defeated the lawyer actually did something, he actly perfect. We had a lot of com- the previous question and a member of the said, ‘‘Wait, I’ve got to be paid again, plaints, too. I think some of the com- opposition rose to a parliamentary inquiry, I’m a lawyer.’’ plaints that we had were very legiti- asking who was entitled to recognition. The Committee on Education and the mate. When I first came here, Jim Speaker Joseph G. Cannon (R-Illinois) said: ‘‘The previous question having been refused, Workforce, all of what they have asked Wright was the Speaker and Jim the gentleman from New York, Mr. Fitzger- for is in their original jurisdiction. But Wright had to leave and there were ald, who had asked the gentleman to yield to it is one more attempt to get labor, to some problems there. We had a House him for an amendment, is entitled to the politicize the legislative process. We bank scandal. We had a House post of- first recognition.’’ July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5791 Because the vote today may look bad for collapsed. Come back in 3 years and Plumbers and Pipefitters, and he went the Republican majority they will say ‘‘the under Republican control, you will see out and worked as a plumber his entire vote on the previous question is simply a a rebuilt Botanical Gardens. We go to life. I was the first member of my fam- vote on whether to proceed to an immediate the foundation and build it back up. I ily to complete college. vote on adopting the resolution . . . [and] has no substantive legislative or policy im- want to compliment the gentleman My colleagues should look at some of plications whatsoever.’’ But that is not what from New York for doing that. their backgrounds. What they do is ex- they have always said. Listen to the Repub- In terms of amendments, first of all, ploit the labor union movement. These lican Leadership ‘‘Manual on the Legislative let me say that I am very, very sad- people never belonged to labor unions. Process in the United States House of Rep- dened by the comments of the gen- All they do is play that cheap labor resentatives,’’ (6th edition, page 135). Here’s tleman from California [Mr. FAZIO]. He card over and over again. how the Republicans describe the previous has an amendment that has been made Let me tell my colleagues about this question vote in their own manual: Although it is generally not possible to in order by the Committee on Rules. investigation, this oversight vote that amend the rule because the majority Mem- The gentleman’s amendment seeks to we are looking at. It was voted in com- ber controlling the time will not yield for cut staff. I will have to tell Members mittee. We have a 2-year budgetary the purpose of offering an amendment, the that in the years the gentleman from process. When needs come up, we will same result may be achieved by voting down California was chairman of the Sub- vote the money, this time, $1.4 million. the previous question on the rule . . . When committee on the Legislative Branch, They get $433,000 out of that money. the motion for the previous question is de- he never ever offered an amendment to They have not mentioned that. We play feated, control of the time passes to the cut staff. In fact, he is known as a a fair share game, $2 on our side, $1 on Member who led the opposition to ordering the previous question. That Member, because champion of making sure that there their side. he then controls the time, may offer an are enough helping hands around here Mr. Speaker, they get $1 for every $2 amendment to the rule, or yield for the pur- to do the job. His amendment clearly is that we have. When they ran the place, pose of amendment.’’ out of character. The reason, of course, we got 10 cents on the dollar. But what Deschler’s ‘‘Procedure in the U.S. House of is because his status changed from ma- they need to do is to hide behind racial Representatives,’’ the subchapter titled jority to minority. But I cannot under- epitaphs and abuse-of-class arguments ‘‘Amending Special Rules’’ states: ‘‘a refusal stand, unless it is the demands of lead- to try to carry the day. to order the previous question on such a rule ership and the pressure put on him by [a special rule reported from the Committee I know those people are upset they on Rules] opens the resolution to amend- the outrageous elements within his are not the majority anymore, but ment and further debate.’’ (Chapter 21, sec- party for him to come to this well and come on, grow up. More important, do tion 21.2) Section 21.3 continues: use the ethnic card, to try to argue not let the American people think that Upon rejection of the motion for the pre- that the gentlewoman from California the way we are supposed to win is to vious question on a resolution reported from [Ms. SANCHEZ] and her election is being not deal with facts, not face reality, the Committee on Rules, control shifts to investigated because her name is but hide behind scapegoats and epi- the Member leading the opposition to the Sanchez. taphs which may allow them to get previous question, who may offer a proper amendment or motion and who controls the I would ask my colleagues to reflect elected when they can sway people in time for debate thereon.’’ on the fact that the gentlewoman from their district but should not be allowed The vote on the previous question on a rule California [Ms. SANCHEZ] is a Member to be the basis for discussion on the does have substantive policy implications. It of the House of Representatives. She floor of the House of Representatives. is one of the only available tools for those had a certificate of election. When the So I would tell my colleagues as we who oppose the Republican majority’s agen- Democrats ran the place, if your name examine this rule and the vote for the da to offer an alternative plan. was McIntyre and you had a certificate legislative branch appropriation that Ms. PRYCE of Ohio. Mr. Speaker, I of election, you were not allowed to be the work that the new majority is yield the balance of my time to the seated. doing to continue to build to make gentleman from Bakersfield, CA [Mr. b 1030 sure that roofs are on buildings, that THOMAS], the chairman of the Commit- people who obtain the franchise ille- tee of House Oversight. What the Democrats did was go in, gally are not able to use it. Black, (Mr. THOMAS asked and was given set up a phony way of counting votes white, red, yellow, Hispanic, Welsh; il- permission to revise and extend his re- and then did not even follow the way legal voters should not be on the rolls. marks.) they said they were going to count the If illegal voters participate in an elec- Mr. THOMAS. Mr. Speaker, I thank votes to make sure that they stole that tion, the American people have a right the gentlewoman from Ohio very much election. to know that their legal vote counts for yielding me this time. I want to What are we doing right now in the and illegal votes have to be removed start by complimenting the gentleman contested election? My colleagues from the rolls. from New York [Mr. WALSH]. As the heard all the racist comments from the Support the rule, support the legisla- new chairman of the Appropriations Democratic side of the aisle. I will tell tion. Subcommittee on the Legislative my colleagues what is going on. In Or- Mr. HALL of Ohio. Mr. Speaker, I Branch, he is, in this proposal, building ange County today the District Attor- submit for the RECORD the following on the excellent record laid down by ney of Orange County is carrying out a proposed amendment: the gentleman from California [Mr. criminal investigation preparatory to a At the end of the resolution, add the fol- PACKARD], which showed between the trial against an organization called lowing new section. Democratically controlled 103d Con- Hermandad Nacional because these Section 2. Notwithstanding any other pro- gress and the Republican-controlled people abused and misused Americans vision of the resolution, it shall be in order 104th a dramatic reduction in expenses. who wanted to become citizens. Legal without intervention of any point of order to After the dramatic work of Mr. PACK- aliens were used in illegal activities. consider the following amendment by Mr. Gejdenson. ARD, the gentleman from New York, That is the basis for our requiring by Page 8, insert after line 5 the following new Mr. WALSH, follows him by additional subpoena the Immigration and Natu- section: reductions. ralization Service to take those core SEC. 106. None of the funds made available Anyone who needs to know what the names that Hermandad used for illegal in this Act may be used for the expenses of Democrats did when they ran this purposes and put on the voter rolls any committee of the House of Representa- place simply has to go out and look at without complying with the law. tives during any session of the One Hundred the Botanical Gardens. It was falling The labor card was played once Fifth Congress in excess of the amounts spe- apart for years. They would not fix again. I just find it ironic that if one’s cifically identified for and allocated to such things. What we have done is come in party affiliation is Democrat, somehow committee under primary and supplemental and in a businesslike way know that you are with working people. Con- expense resolutions, or to pay the salary of any officer or employee of the House of Rep- deferred maintenance is going to even- trarily, if one’s label is ‘‘R’’ you are resentatives who certifies, approves, or proc- tually cost us. It cost us. There is no somehow against working people. esses any disbursement of funds from any re- roof on the Botanical Gardens. They My father, his lifetime job was a serve fund for unanticipated expenses of were here for 40 years and the building plumber. He belonged to Local 582, committees established pursuant to clause H5792 CONGRESSIONAL RECORD — HOUSE July 25, 1997 5(a) of rule XI of the Rules of the House of Gutknecht McCrery Salmon Rangel Sisisky Tierney Representatives. Hansen McDade Sanford Reyes Skaggs Torres Hastert McHugh Saxton Rivers Skelton Towns Ms. HARMAN. Mr. Speaker, I rise in opposi- Hastings (WA) McInnis Scarborough Rodriguez Slaughter Turner tion to a rule and an appropriations bill which Hayworth McIntosh Schaefer, Dan Roemer Smith, Adam Velazquez permits continued funding for a wasteful, spite- Hefley McKeon Schaffer, Bob Rothman Snyder Vento Herger Metcalf Sensenbrenner Roybal-Allard Spratt Visclosky ful, and pointless challenge to the duly-cer- Hill Mica Sessions Rush Stabenow Waters tified election of our colleague, LORETTA Hilleary Miller (FL) Shadegg Sabo Stenholm Watt (NC) SANCHEZ. Hobson Moran (KS) Shaw Sanchez Stokes Waxman Hoekstra Morella Shays Sanders Strickland Wexler I faced a similar challenge in the last Con- Horn Myrick Shimkus Sandlin Stupak Weygand gress. After 9 months and taxpayer expendi- Hostettler Nethercutt Shuster Sawyer Tanner Wise tures of approximately $100,000, that chal- Houghton Neumann Skeen Schumer Tauscher Woolsey lenge was finally withdrawn. Hulshof Ney Smith (MI) Scott Taylor (MS) Wynn Hunter Northup Smith (OR) Serrano Thompson Yates The Sanchez challenge should be ended Hutchinson Norwood Smith (TX) Sherman Thurman now before more taxpayer money and more Hyde Oxley Smith, Linda NOT VOTING—11 Members' time is wasted. Moreover, Mr. Inglis Packard Snowbarger Istook Pappas Solomon Blumenauer Miller (CA) Smith (NJ) Speaker, those of us from CaliforniaÐa State Jenkins Parker Souder Crane Molinari Stark where a majority of our population will soon be Johnson (CT) Paul Spence Gonzalez Nussle Young (AK) HispanicÐshould condemn the effort to intimi- Johnson, Sam Paxon Stearns Martinez Schiff date legal Hispanic voters which is, in my Jones Pease Stump Kasich Peterson (PA) Sununu b 1053 view, a central goal of the ongoing Sanchez Kelly Petri Talent challenge. Kim Pickering Tauzin Mr. HASTINGS of Florida and Mr. The right way to challenge LORETTA King (NY) Pitts Taylor (NC) CLEMENT changed their vote from Kingston Pombo Thomas ‘‘aye’’ to ‘‘no.’’ SANCHEZ is the 1998 election. The wrong way Klug Porter Thornberry is to use funding in this bill. Knollenberg Portman Thune Mrs. CUBIN changed her vote from The SPEAKER pro tempore. All time Kolbe Pryce (OH) Tiahrt ‘‘no’’ to ‘‘aye.’’ for debate has expired. LaHood Quinn Traficant So the previous question was ordered. Largent Radanovich Upton The result of the vote was announced Ms. PRYCE of Ohio. Mr. Speaker, I Latham Ramstad Walsh move the previous question on the res- LaTourette Redmond Wamp as above recorded. olution. Lazio Regula Watkins The SPEAKER pro tempore (Mr. Leach Riggs Watts (OK) PEASE). The question is on the resolu- The SPEAKER pro tempore. The Lewis (CA) Riley Weldon (FL) question is on ordering the previous Lewis (KY) Rogan Weldon (PA) tion. question. Linder Rogers Weller The question was taken; and the The question was taken; and the Livingston Rohrabacher White Speaker pro tempore announced that LoBiondo Ros-Lehtinen Whitfield the ayes appeared to have it. Speaker pro tempore announced that Lucas Roukema Wicker the ayes appeared to have it. Manzullo Royce Wolf RECORDED VOTE Mr. HALL of Ohio. Mr. Speaker, I ob- McCollum Ryun Young (FL) Mr. HALL of Ohio. Mr. Speaker, I de- ject to the vote on the ground that a NAYS—201 mand a recorded vote. quorum is not present and make the A recorded vote was ordered. Abercrombie Engel Lampson point of order that a quorum is not Ackerman Eshoo Lantos The SPEAKER pro tempore. Pursu- present. Allen Etheridge Levin ant to the Chair’s previous announce- The SPEAKER pro tempore. Evi- Andrews Evans Lewis (GA) ment, this will be a 5-minute vote. dently a quorum is not present. Baesler Farr Lipinski The vote was taken by electronic de- Baldacci Fattah Lofgren The Sergeant at Arms will notify ab- Barcia Fazio Lowey vice, and there were—ayes 218, noes 203, sent Members. Barrett (WI) Filner Luther not voting 13, as follows: The SPEAKER pro tempore. Pursu- Becerra Flake Maloney (CT) [Roll No. 325] Bentsen Foglietta Maloney (NY) ant to clause 5 (b)(1) of rule XV the Berman Ford Manton AYES—218 Chair may reduce to a minimum of 5 Berry Frank (MA) Markey Aderholt Coburn Goss minutes the time for any electronic Bishop Frost Mascara Archer Collins Graham vote on the question of passage of the Blagojevich Furse Matsui Armey Combest Granger Bonior Gejdenson McCarthy (MO) resolution. Bachus Cook Greenwood Borski Gephardt McCarthy (NY) Baker Cooksey Gutknecht The vote was taken by electronic de- Boswell Goode McDermott Ballenger Cox Hansen vice, and there were—yeas 222, nays Boucher Gordon McGovern Barr Crapo Hastert Boyd Green McHale 201, not voting 11, as follows: Barrett (NE) Cubin Hastings (WA) Brown (CA) Gutierrez McIntyre Bartlett Cunningham Hayworth [Roll No. 324] Brown (FL) Hall (OH) McKinney Barton Davis (VA) Hefley Brown (OH) Hall (TX) McNulty YEAS—222 Bass Deal Herger Capps Hamilton Meehan Bateman DeLay Hill Aderholt Calvert Dunn Cardin Harman Meek Bereuter Diaz-Balart Hilleary Archer Camp Ehlers Carson Hastings (FL) Menendez Bilbray Dickey Hobson Armey Campbell Ehrlich Clay Hefner Millender- Bilirakis Doolittle Hoekstra Bachus Canady Emerson Clayton Hilliard McDonald Bliley Dreier Horn Baker Cannon English Clement Hinchey Minge Blunt Duncan Hostettler Ballenger Castle Ensign Clyburn Hinojosa Mink Boehlert Dunn Houghton Barr Chabot Everett Condit Holden Moakley Boehner Ehlers Hulshof Barrett (NE) Chambliss Ewing Conyers Hooley Mollohan Bonilla Ehrlich Hunter Bartlett Chenoweth Fawell Costello Hoyer Moran (VA) Bono Emerson Hutchinson Barton Christensen Foley Coyne Jackson (IL) Murtha Brady Ensign Hyde Bass Coble Forbes Cramer Jackson-Lee Nadler Bryant Everett Inglis Bateman Coburn Fowler Cummings (TX) Neal Bunning Ewing Istook Bereuter Collins Fox Danner Jefferson Oberstar Burr Fawell Jenkins Bilbray Combest Franks (NJ) Davis (FL) John Obey Burton Foley Johnson (CT) Bilirakis Cook Frelinghuysen Davis (IL) Johnson (WI) Olver Buyer Fowler Johnson, Sam Bliley Cooksey Gallegly DeFazio Johnson, E.B. Ortiz Callahan Fox Jones Blunt Cox Ganske DeGette Kanjorski Owens Calvert Franks (NJ) Kasich Boehlert Crapo Gekas Delahunt Kaptur Pallone Camp Frelinghuysen Kelly Boehner Cubin Gibbons DeLauro Kennedy (MA) Pascrell Campbell Gallegly Kim Bonilla Cunningham Gilchrest Dellums Kennedy (RI) Pastor Canady Ganske Kingston Bono Davis (VA) Gillmor Deutsch Kennelly Payne Cannon Gekas Klug Brady Deal Gilman Dicks Kildee Pelosi Castle Gibbons Knollenberg Bryant DeLay Goodlatte Dingell Kilpatrick Peterson (MN) Chabot Gilchrest Kolbe Bunning Diaz-Balart Goodling Dixon Kind (WI) Pickett Chambliss Gillmor LaHood Burr Dickey Goss Doggett Kleczka Pomeroy Chenoweth Gilman Largent Burton Doolittle Graham Dooley Klink Poshard Christensen Goodlatte Latham Buyer Dreier Granger Doyle Kucinich Price (NC) Coble Goodling LaTourette Callahan Duncan Greenwood Edwards LaFalce Rahall July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5793 Lazio Petri Skeen Tierney Visclosky Wise it, is a proposed $400 million plus water Leach Pickering Smith (MI) Torres Waters Woolsey Lewis (CA) Pitts Smith (OR) Towns Watt (NC) Wynn project with a .36 to 1 cost-benefit Lewis (KY) Pombo Smith (TX) Turner Waxman Yates ratio. It is purported to provide a set- Livingston Porter Smith, Linda Velazquez Wexler tlement to tribes. It does not. It is pur- Lucas Portman Snowbarger Vento Weygand ported to do many other things it does Manzullo Pryce (OH) Solomon McCollum Radanovich Souder NOT VOTING—13 not. But it does spend a lot of money. McCrery Ramstad Spence Blumenauer Martinez Stark What we did, Petri-DeFazio, last McDade Redmond Stearns Crane Miller (CA) Taylor (NC) night was offered an amendment to McHugh Regula Stump Gonzalez Molinari Young (AK) say, no more funds should be expended McInnis Riggs Sununu Johnson, E.B. Schiff McIntosh Riley Talent Linder Smith (NJ) on this project which has even been McKeon Roemer Tauzin abandoned by its proponents. Its pro- Metcalf Rogan Taylor (MS) b 1106 ponents have offered an alternative. Mica Rogers Thomas Miller (FL) Rohrabacher Thornberry So the resolution was agreed to. The alternative has not had any hear- Moran (KS) Ros-Lehtinen Thune The result of the vote was announced ings. It is not authorized. It has not Morella Roukema Tiahrt as above recorded. been reviewed by the Bureau of Rec- Myrick Royce Traficant lamation. That is progress. They have Nethercutt Ryun Upton A motion to reconsider was laid on Neumann Salmon Walsh the table. admitted this $440 million boondoggle Wamp Ney Sanford f should not go forward. Northup Saxton Watkins What the Fazio amendment actually Norwood Scarborough Watts (OK) Nussle Schaefer, Dan Weldon (FL) PERSONAL EXPLANATION does is require that that project go for- ward. If read carefully, it starts out Oxley Schaffer, Bob Weldon (PA) Ms. EDDIE BERNICE JOHNSON of Texas. Packard Sensenbrenner Weller with a limitation, but what it does is Mr. Speaker, on rollcall No. 325, I was de- Pappas Sessions White limit funds to be expended for current Parker Shadegg Whitfield tained by constituents in my office. Had I been authorized purposes, which is the $440 Paul Shaw Wicker present, I would have voted ``no.'' Paxon Shays Wolf million Animas-La Plata project, Pease Shimkus Young (FL) f which even the proponents now admit Peterson (PA) Shuster ENERGY AND WATER DEVELOP- should not go forward. There is almost NOES—203 MENT APPROPRIATIONS ACT, $9 million unspent at the Bureau of Reclamation, more than enough to go Abercrombie Ford McNulty 1998 Ackerman Frank (MA) Meehan forward with the planning process, Allen Frost Meek The SPEAKER pro tempore (Mr. more than enough to develop an alter- Andrews Furse Menendez PEASE). Pursuant to House Resolution native. Baesler Gejdenson Millender- 194 and rule XXIII, the Chair declares Surely it cannot cost more than $8 or Baldacci Gephardt McDonald the House in the Committee of the Barcia Goode Minge $9 million to have a planning process Barrett (WI) Gordon Mink Whole House on the State of the Union and develop an alternative to this Becerra Green Moakley for the further consideration of the project that will meet the obligations Bentsen Gutierrez Mollohan bill, H.R. 2203 Berman Hall (OH) Moran (VA) to the tribes and be more responsible. Berry Hall (TX) Murtha b 1107 Mr. PETRI. Mr. Chairman, will the Bishop Hamilton Nadler gentleman yield? Blagojevich Harman Neal IN THE COMMITTEE OF THE WHOLE Mr. FAZIO of California. I yield to Bonior Hastings (FL) Oberstar Accordingly the House resolved itself Borski Hefner Obey the gentleman from Wisconsin. Boswell Hilliard Olver into the Committee of the Whole House Mr. PETRI. Mr. Chairman, just to Boucher Hinchey Ortiz on the State of the Union for the fur- summarize, the issue that we will be Boyd Hinojosa Owens ther consideration of the bill (H.R. voting on is whether we should con- Brown (CA) Holden Pallone Brown (FL) Hooley Pascrell 2203] making appropriations for energy tinue to spend money on this project Brown (OH) Hoyer Pastor and water development for the fiscal pending an agreement on a new scaled Capps Jackson (IL) Payne year ending September 30, 1998, and for back project, or whether we should sus- Cardin Jackson-Lee Pelosi other purposes, with Mr. OXLEY in the Carson (TX) Peterson (MN) pend acquisition and just have money Clay Jefferson Pickett chair. for planning until the new project is Clayton John Pomeroy The Clerk read the title of the bill. agreed on. Clement Johnson (WI) Poshard The CHAIRMAN. When the Commit- If Members do not want to spend Clyburn Kanjorski Price (NC) Condit Kaptur Quinn tee of the Whole rose on Thursday, money until we have a new project, Conyers Kennedy (MA) Rahall July 24, 1997, the bill was open for vote against Fazio and then vote for Costello Kennedy (RI) Rangel amendment at any point. the underlying amendment, Petri- Coyne Kennelly Reyes Mr. FAZIO of California. Mr. Chair- Cramer Kildee Rivers DeFazio. If they want to keep spending Cummings Kilpatrick Rodriguez man, I move to strike the last word. money, even though we do not have Danner Kind (WI) Rothman Mr. Chairman, I would like to divide agreement and negotiations are going Davis (FL) King (NY) Roybal-Allard the 5 minutes between myself and the on, then vote for the substitute. Davis (IL) Kleczka Rush DeFazio Klink Sabo gentleman from Oregon [Mr. DEFAZIO] I urge Members to vote against the DeGette Kucinich Sanchez in order to briefly discuss the amend- substitute and for the underlying Delahunt LaFalce Sanders ment that is about to be voted on. amendment. DeLauro Lampson Sandlin Mr. Chairman, I yield to the gen- Mr. DEFAZIO. Mr. Chairman, if the Dellums Lantos Sawyer Deutsch Levin Schumer tleman from Oregon [Mr. DEFAZIO]. gentleman will continue to yield, the Dicks Lewis (GA) Scott Mr. DEFAZIO. Mr. Chairman, I thank gentleman is correct. Anybody who Dingell Lipinski Serrano the gentleman for yielding to me. last year voted in the majority to not Dixon LoBiondo Sherman Doggett Lofgren Sisisky Members will want to listen. This de- appropriate further funds for Animas- Dooley Lowey Skaggs bate occurred late last night. It is con- La Plata will want to vote against Doyle Luther Skelton fusing and they need to know what is Fazio, I know this is a little confusing, Edwards Maloney (CT) Slaughter happening. The gentleman from Cali- and then vote for DeFazio-Petri, Petri- Engel Maloney (NY) Smith, Adam English Manton Snyder fornia [Mr. FAZIO] offered an amend- DeFazio. Eshoo Markey Spratt ment to the DeFazio-Petri amendment, This obfuscation, the wording of the Etheridge Mascara Stabenow which on its face would seem to re- Fazio amendment is obfuscation. It Evans Matsui Stenholm Farr McCarthy (MO) Stokes strict the expenditure of funds on the starts out with a limitation but it lim- Fattah McCarthy (NY) Strickland Animas-La Plata project, which a ma- its nothing. Having the gentleman Fazio McDermott Stupak jority in this House voted last year to from California [Mr. FAZIO] be the prin- Filner McGovern Tanner not fund. cipal sponsor is even more confusing, Flake McHale Tauscher Foglietta McIntyre Thompson The Animas-La Plata project, and and Members should in principle vote Forbes McKinney Thurman many of my colleagues have heard of ‘‘no’’ on the Fazio amendment. H5794 CONGRESSIONAL RECORD — HOUSE July 25, 1997 Mr. FAZIO of California. Mr. Chair- have never been the Four Corners area of the vote on the amendment offered by the man, I think this debate will once and Southwest and are not willing to know the his- gentleman from Wisconsin [Mr. KLUG] for all, contrary to a rumor circulating tory involved there. on which further proceedings were on the floor, this amendment is not an This project is intended to deliver water to postponed and on which the noes pre- attempt to clarify the pronunciation of the Ute Mountain Ute Tribe and fulfill a treaty vailed by voice vote. the gentleman’s name and mine, but it obligation between this country and that tribe. The Clerk will designate the amend- is the Fazio substitute to the DeFazio- Now it had been charged that the A±LP ment. Petri amendment that we are about to project would deliver more water to non-Indi- The text of the amendment is as fol- vote on. ans than Indians and that this was all a smoke lows: screen. So the people in that area changed I am offering this on behalf of the Amendment offered by Mr. KLUG: gentleman from Pennsylvania [Mr. the project. They cut the project's cost by Page 29, line 20, after the dollar amount, MCDADE] and on behalf of the gen- $400 million. Two-thirds of the water will go to insert ‘‘(reduced by $90,000,000)’’. Indians. it will satisfy tribal water rights claims. tleman from Colorado [Mr. SKAGGS] RECORDED VOTE and the gentleman from Colorado [Mr. Naturally, A±LP opponents still don't like the project. They say they want more time to The CHAIRMAN. A recorded vote has MCINNIS]. study the new plan but environmentalists have been demanded. This is an attempt to allow a process already criticized it. They can't see why the In- A recorded vote was ordered. undergoing success in Colorado, the so- dians can't buy water elsewhere and not build The vote was taken by electronic de- called Roemer-Shoettler process, to a project at all. Sure, let 'em buy Evian water. vice, and there were—ayes 97, noes 328, downsize and change the Animas-La Lt. Gov. Gail Shoettler has been trying to not voting 9, as follows: Plata water project. It will assuredly broker a compromise on the A±LP since Janu- [Roll No. 326] reduce the cost of this project by over ary. This amendment would essentially block AYES—97 $400 million. But we have ongoing re- that from going forward. Which is what oppo- Andrews Harman Paul sponsibilities to the Ute and Mountain nents want; they certainly don't want a settle- Archer Hayworth Paxon Ute Indian tribes. ment. Instead, they can say they've killed a Armey Hefley Peterson (MN) Barcia Hill Porter b 1115 water project. Bass Hooley Ramstad But lost in all of this will be the Ute Moun- Those tribal water rights need to be Bereuter Hostettler Rohrabacher tain Utes. Their reservation is located in one Blagojevich Hulshof Roukema honored. We need to complete this of the most arid areas of the country. Mesa Camp Inglis Royce process. We need to have a bill that can Verde National Park commemorates the an- Campbell Istook Ryun be supported broadly on this floor. Cannon Johnson, Sam Salmon cient inhabitants of that site. Those inhabitants Castle Kasich Sanford The gentlemen from Colorado, Mr. disappeared, probably because they ran out of Chabot Kennedy (MA) Schaffer, Bob MCINNIS and Mr. SKAGGS, would not be water. Christensen Kind (WI) Sensenbrenner supporting this if they did not believe The Utes now live there and, I think, their Coble Kingston Sessions this process was working to the benefit Coburn Kleczka Shadegg tribal unemployment rate is 40 percent. They'd Condit Klug Shaw of their constituents. like this water to develop agriculture and im- Cox Largent Shays My view is that this amendment, of- prove their standard of living. So, basically this Crane Luther Sherman fered by the gentleman from Wisconsin amendment says they should do without this Cunningham Maloney (CT) Shimkus Davis (FL) Manzullo Skaggs ETRI [Mr. P ] and the gentleman from water, just like their predecessors. It says they DeGette Markey Smith (MI) Oregon [Mr. DEFAZIO], will interfere should be satisfied with tourism and handouts. Delahunt McCarthy (MO) Smith, Linda with that process and not allow us to This amendment's supporters will say they DeLay McCollum Souder accept the results of it and move to want the Shoettler negotiations to go forward. Doggett McIntosh Stearns Dunn McKeon Sununu completion of an endless legal hassle But don't kid yourself; next year, we'll be back Ehlers Meehan Talent which has kept these native Americans here for another amendment to kill what's left Ehrlich Miller (FL) Thune from getting their water rights. of this project. And its supporters can pat Ensign Minge Tiahrt Foley Morella Upton E themselves on the back and say they've Mr. D LAY. Mr. Chairman, will the Furse Neumann White gentleman yield? saved money. Ganske Nussle Wolf Mr. FAZIO of California. I yield to But the reality is we'll have broken yet an- Goss Oxley the gentleman from Texas. other promise to these Indians and, I suspect, Hall (TX) Pappas Mr. DELAY. Mr. Chairman, I appre- left ourselves open to a lawsuit somewhere NOES—328 down the road. ciate the gentleman yielding to me, Abercrombie Brown (OH) Deutsch and I want to clear up the confusion Therefore, I strongly urge your opposition to Ackerman Bryant Diaz-Balart between the two names and ask the this amendment. Aderholt Bunning Dickey Mr. FAZIO of California. Mr. Chair- Allen Burr Dicks gentleman a question. man, reclaiming my time, I urge Mem- Bachus Burton Dingell If our side of the aisle wanted to help bers to support the chairman, the gen- Baesler Buyer Dixon our newest Member from New Mexico, Baker Callahan Dooley tleman from Pennsylvania [Mr. Baldacci Calvert Doolittle Mr. BILL REDMOND, we should vote for MCDADE], and myself. Ballenger Canady Doyle the Fazio substitute to the DeFazio SEQUENTIAL VOTES POSTPONED IN COMMITTEE Barr Capps Dreier amendment. Barrett (NE) Cardin Duncan OF THE WHOLE Mr. FAZIO of California. Reclaiming Barrett (WI) Carson Edwards The CHAIRMAN. Pursuant to House Bartlett Chambliss Emerson my time, Mr. Chairman, I think the Resolution 194, proceedings will now Barton Chenoweth Engel gentleman from Colorado [Mr. resume on those amendments on which Bateman Clay English MCINNIS] would agree with that. further proceedings were postponed, in Becerra Clayton Eshoo Mr. McINNIS. Mr. Chairman, will the Bentsen Clement Etheridge the following order: Berman Clyburn Evans gentleman yield? The amendment offered by the gen- Berry Collins Everett Mr. FAZIO of California. I yield to tleman from Wisconsin [Mr. KLUG], the Bilbray Combest Ewing the gentleman from Colorado. Bilirakis Conyers Farr amendment offered by the gentleman Bishop Cook Fattah Mr. McINNIS. Mr. Chairman, that is from Massachusetts [Mr. MARKEY], and Bliley Cooksey Fawell absolutely correct. Vote ‘‘yes’’ on the the amendment offered by the gen- Blunt Costello Fazio Fazio amendment. tleman from California [Mr. FAZIO] as a Boehlert Coyne Filner Mr. HEFLEY. Mr. Chairman, I rise in strong Boehner Cramer Flake substitute for the amendment offered Bonilla Crapo Foglietta opposition to this amendment. by the gentleman from Wisconsin [Mr. Bonior Cubin Forbes This project seems to have become the PETRI]. Bono Cummings Ford poster child for all those who wish to show The Chair will reduce to 5 minutes Borski Danner Fowler Boswell Davis (IL) Fox that they're environmentally sensitive though the time for any electronic vote after Boucher Davis (VA) Frank (MA) fiscally prudent. That though they're willing to the first vote in this series. Boyd Deal Franks (NJ) make tough choices on spending, they still are AMENDMENT OFFERED BY MR. KLUG Brady DeFazio Frelinghuysen moved by the sight of a tree or free-flowing The CHAIRMAN. The unfinished Brown (CA) DeLauro Frost Brown (FL) Dellums Gallegly water. In short, it is offered by people who business is the demand for a recorded July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5795 Gejdenson Lipinski Rodriguez by electronic device will be taken on Snyder Sununu Waxman Gekas Livingston Roemer Spratt Tierney Wexler Gephardt LoBiondo Rogan each additional amendment on which Stabenow Velazquez Weygand Gibbons Lofgren Rogers the Chair has postponed further pro- Stokes Vento Woolsey Gilchrest Lowey Ros-Lehtinen ceedings. Strickland Walsh Gillmor Lucas Rothman Gilman Maloney (NY) Roybal-Allard AMENDMENT OFFERED BY MR. MARKEY NOES—290 Goode Manton Rush The CHAIRMAN. The unfinished Aderholt Gallegly Millender- Goodlatte Mascara Sabo business is the demand for a recorded Archer Gekas McDonald Goodling Matsui Sanchez vote on the amendment offered by the Armey Gibbons Mollohan Gordon McCarthy (NY) Sanders Bachus Gilchrest Moran (KS) Graham McCrery Sandlin gentleman from Massachusetts [Mr. Baesler Gillmor Moran (VA) Granger McDade Sawyer MARKEY] on which further proceedings Baker Gilman Murtha Green McDermott Saxton were postponed and on which the noes Ballenger Goode Myrick Greenwood McGovern Scarborough Barcia Goodlatte Nethercutt Gutierrez McHale Schaefer, Dan prevailed by voice vote. Barr Goodling Neumann Gutknecht McHugh Schumer The Clerk will designate the amend- Barrett (NE) Gordon Ney Hall (OH) McInnis Scott ment. Bartlett Goss Northup Hamilton McIntyre Serrano Barton Graham Norwood Hansen McKinney Shuster The text of the amendment is as fol- Bateman Granger Nussle Hastert McNulty Sisisky lows: Bentsen Green Oberstar Hastings (FL) Meek Skeen Amendment offered by Mr. MARKEY: Bereuter Greenwood Ortiz Hastings (WA) Menendez Skelton Insert at the end before the short title the Berman Gutierrez Oxley Hefner Metcalf Slaughter Berry Gutknecht Packard Herger Mica Smith (OR) following: Bilbray Hall (TX) Pappas Hilleary Millender- Smith (TX) SEC. 502. (a) LIMITATION.—No funds shall be Bilirakis Hamilton Parker Hilliard McDonald Smith, Adam made available under this Act for— Bishop Hansen Pastor Hinchey Mink Snowbarger (1) nuclear technology research and devel- Blagojevich Harman Paxon Hinojosa Moakley Snyder opment programs to continue the study of Bliley Hastert Pease Hobson Mollohan Solomon treating spent nuclear fuel using Boehner Hastings (FL) Peterson (PA) Hoekstra Moran (KS) Spence Bonilla Hastings (WA) Petri Holden Moran (VA) Spratt electrometallurgical technology; or Bono Hayworth Pickering Horn Murtha Stabenow (2) the demonstration of the Boucher Hefley Pickett Houghton Myrick Stenholm electrometallurgical technology at the Fuel Boyd Herger Pitts Hoyer Nadler Stokes Conditioning Facility. Brady Hill Pombo Hunter Neal Strickland (b) REDUCTION.—Under the heading ‘‘De- Brown (CA) Hilleary Porter Hutchinson Nethercutt Stump partment of Energy-Energy Programs-En- Brown (FL) Hilliard Poshard Hyde Ney Stupak ergy Supply’’ insert after the dollar figure Bryant Hinojosa Pryce (OH) Jackson (IL) Northup Tanner Bunning Hobson Quinn Jackson-Lee Norwood Tauscher the following ‘‘(reduced by $33,000,000)’’ and Burr Hoekstra Radanovich (TX) Oberstar Tauzin under the heading ‘‘Department of Energy- Burton Holden Redmond Jefferson Obey Taylor (MS) Atomic Energy Defense Activities-Other De- Buyer Horn Regula Jenkins Olver Taylor (NC) fense Activities’’ insert after the dollar fig- Callahan Hostettler Reyes John Ortiz Thomas ure the following: ‘‘(reduced by $12,000,000)’’. Calvert Houghton Riggs Johnson (CT) Owens Thompson Camp Hoyer Riley Johnson (WI) Packard Thornberry RECORDED VOTE Campbell Hulshof Rodriguez Johnson, E.B. Pallone Thurman The CHAIRMAN. A recorded vote has Canady Hunter Rogan Jones Parker Tierney been demanded. Cannon Hutchinson Rogers Kanjorski Pascrell Torres Carson Hyde Rohrabacher Kaptur Pastor Towns A recorded vote was ordered. Chambliss Inglis Ros-Lehtinen Kelly Payne Traficant The CHAIRMAN. This will be a 5- Chenoweth Istook Roukema Kennedy (RI) Pease Turner minute vote. Christensen Jackson (IL) Rush Kennelly Pelosi Velazquez Clay Jackson-Lee Ryun Kildee Peterson (PA) Vento The vote was taken by electronic de- Clayton (TX) Salmon Kilpatrick Petri Visclosky vice, and there were—ayes 134, noes 290, Clement Jefferson Sandlin Kim Pickering Walsh not voting 10, as follows: Clyburn Jenkins Sawyer King (NY) Pickett Wamp Coburn John Saxton Klink Pitts Waters [Roll No. 327] Collins Johnson (CT) Schaefer, Dan Knollenberg Pombo Watkins AYES—134 Combest Johnson (WI) Schaffer, Bob Kolbe Pomeroy Watt (NC) Cook Johnson, E. B. Scott Abercrombie Foley Menendez Kucinich Portman Watts (OK) Cooksey Johnson, Sam Sessions Ackerman Ford Miller (FL) LaFalce Poshard Waxman Costello Jones Shadegg Allen Frank (MA) Minge LaHood Price (NC) Weldon (FL) Cox Kanjorski Shaw Andrews Franks (NJ) Mink Lampson Pryce (OH) Weldon (PA) Cramer Kelly Shimkus Baldacci Furse Moakley Lantos Quinn Weller Crane Kim Shuster Barrett (WI) Ganske Morella Latham Radanovich Wexler Crapo King (NY) Sisisky Bass Gejdenson Nadler LaTourette Rahall Weygand Cubin Klink Skeen Becerra Gephardt Neal Lazio Rangel Whitfield Cummings Knollenberg Skelton Blunt Hall (OH) Obey Leach Redmond Wicker Danner Kolbe Slaughter Boehlert Hefner Olver Levin Regula Wise Davis (IL) LaHood Smith (NJ) Bonior Hinchey Owens Lewis (CA) Reyes Woolsey Davis (VA) Lampson Smith (OR) Borski Hooley Pallone Lewis (GA) Riggs Wynn Deal Lantos Smith (TX) Boswell Kasich Pascrell Lewis (KY) Riley Yates DeLay Largent Smith, Linda Brown (OH) Kennedy (MA) Paul Linder Rivers Young (FL) Diaz-Balart Latham Snowbarger Capps Kennedy (RI) Payne Dickey LaTourette Solomon Cardin Kennelly Pelosi NOT VOTING—9 Dicks Lazio Souder Castle Kildee Peterson (MN) Blumenauer Miller (CA) Smith (NJ) Dingell Leach Spence Chabot Kilpatrick Pomeroy Gonzalez Molinari Stark Dixon Lewis (CA) Stearns Coble Kind (WI) Portman Martinez Schiff Young (AK) Dooley Lewis (KY) Stenholm Condit Kingston Price (NC) Doolittle Linder Stump Conyers Kleczka Rahall b 1134 Doyle Lipinski Stupak Coyne Klug Ramstad Dreier Livingston Talent Cunningham Kucinich Rangel Messrs. NETHERCUTT, BALDACCI, Dunn Lofgren Tanner Davis (FL) LaFalce Rivers HOEKSTRA, and OLVER changed their Edwards Lucas Tauscher DeFazio Levin Roemer Ehlers Manton Tauzin vote from ‘‘aye’’ to ‘‘no.’’ DeGette Lewis (GA) Rothman Ehrlich Manzullo Taylor (MS) Messrs. WOLF, SHERMAN, and Delahunt LoBiondo Roybal-Allard Emerson Mascara Taylor (NC) DeLauro Lowey Royce MARKEY changed their vote from English McCollum Thomas Dellums Luther Sabo ‘‘no’’ to ‘‘aye.’’ Ensign McCrery Thompson Deutsch Maloney (CT) Sanchez Everett McDade Thornberry So the amendment was rejected. Doggett Maloney (NY) Sanders Ewing McHale Thune Duncan Markey Sanford The result of the vote was announced Fawell McHugh Thurman Engel Matsui Scarborough as above recorded. Fazio McInnis Tiahrt Eshoo McCarthy (MO) Schumer Flake McIntosh Torres ANNOUNCEMENT BY THE CHAIRMAN Etheridge McCarthy (NY) Sensenbrenner Forbes McIntyre Towns Evans McDermott Serrano The CHAIRMAN. Pursuant to House Fowler McKeon Traficant Farr McGovern Shays Resolution 194, the Chair announces Fox Meek Turner Fattah McKinney Sherman Frelinghuysen Metcalf Upton that he will reduce to a minimum of 5 Filner McNulty Skaggs Frost Mica Visclosky minutes the period within which a vote Foglietta Meehan Smith, Adam H5796 CONGRESSIONAL RECORD — HOUSE July 25, 1997 Wamp Weldon (PA) Wolf Emerson Kildee Reyes Metcalf Ramstad Stabenow Waters Weller Wynn English Kilpatrick Riley Millender- Rangel Stearns Watkins White Yates Ensign King (NY) Rodriguez McDonald Riggs Stokes Watt (NC) Whitfield Young (FL) Everett Kingston Rogan Miller (FL) Rivers Strickland Watts (OK) Wicker Ewing Klink Rogers Minge Roemer Stupak Weldon (FL) Wise Fattah Knollenberg Rohrabacher Morella Rothman Sununu Fawell Kolbe Ros-Lehtinen Nadler Roybal-Allard Tanner NOT VOTING—10 Fazio LaFalce Roukema Neal Royce Tauscher Blumenauer Miller (CA) Stark Flake LaHood Sandlin Neumann Rush Taylor (MS) Gonzalez Molinari Young (AK) Foglietta Lampson Sawyer Ney Ryun Thompson Kaptur Schiff Ford Latham Scarborough Northup Sabo Tierney Martinez Smith (MI) Fowler LaTourette Schaefer, Dan Norwood Salmon Torres Frelinghuysen Lewis (CA) Schaffer, Bob Oberstar Sanchez Towns b 1144 Frost Lewis (KY) Sessions Obey Sanders Upton Furse Linder Shadegg Olver Sanford Velazquez Messrs. CUMMINGS, NEUMANN, Gallegly Livingston Shaw Owens Saxton Vento FORBES, and MORAN of Virginia Gekas Lucas Shimkus Pallone Schumer Waters Gibbons Mascara Shuster Pappas Scott Watt (NC) changed their vote from ‘‘aye’’ to ‘‘no.’’ Gillmor McCrery Sisisky Pascrell Sensenbrenner Waxman Mr. MATSUI, Mr. WALSH and Ms. Goodling McDade Skaggs Paul Serrano Weldon (PA) STABENOW changed their vote from Gordon McHale Skeen Payne Shays Wexler ‘‘no’’ to ‘‘aye.’’ Goss McHugh Skelton Pelosi Sherman Weygand Graham McInnis Smith (OR) Peterson (MN) Slaughter Whitfield So the amendment was rejected. Granger McIntosh Smith (TX) Petri Smith (MI) Woolsey The result of the vote was announced Green McIntyre Smith, Linda Portman Smith (NJ) Yates as above recorded. Gutknecht McKeon Snowbarger Poshard Smith, Adam Hall (TX) Mica Snyder Price (NC) Souder AMENDMENT OFFERED BY MR. FAZIO OF CALI- Hamilton Mink Solomon FORNIA AS A SUBSTITUTE FOR THE AMEND- Hansen Moakley Spence NOT VOTING—10 MENT OFFERED BY MR. PETRI Harman Mollohan Spratt Blumenauer Martinez Stark The CHAIRMAN. The unfinished Hastert Moran (KS) Stenholm Buyer Miller (CA) Young (AK) Hastings (WA) Moran (VA) Stump Gonzalez Molinari business is the demand for a recorded Hayworth Murtha Talent Kaptur Schiff vote on the amendment offered by the Hefley Myrick Tauzin b 1153 gentleman from California [Mr. FAZIO] Hefner Nethercutt Taylor (NC) Herger Nussle Thomas Messrs. SMITH of Michigan, as a substitute for the amendment of- Hill Ortiz Thornberry fered by the gentleman from Wisconsin Hilleary Oxley Thune CLYBURN, FOX of Pennsylvania, and [Mr. PETRI] on which further proceed- Hilliard Packard Thurman SMITH of New Jersey changed their ings were postponed and on which the Hinojosa Parker Tiahrt vote from ‘‘aye’’ to ‘‘no.’’ Holden Pastor Traficant Mr. JOHN changed his vote from ayes prevailed by voice vote. Hostettler Paxon Turner The Clerk will designate the amend- Hoyer Pease Visclosky ‘‘no’’ to ‘‘aye.’’ ment. Hunter Peterson (PA) Walsh So the amendment offered as a sub- Wamp The text of the amendment is as fol- Hyde Pickering stitute for the amendment was agreed Istook Pickett Watkins to. lows: Jackson-Lee Pitts Watts (OK) Weldon (FL) The result of the vote was announced Amendment offered by Mr. FAZIO of Cali- (TX) Pombo Weller as above recorded. fornia as a substitute for the amendment of- Jefferson Pomeroy Jenkins Porter White The CHAIRMAN. The question is on fered by Mr. PETRI: John Pryce (OH) Wicker the amendment offered by the gen- At the end of the bill, insert after the last Johnson, E. B. Quinn Wise section (preceding the short title the follow- Johnson, Sam Radanovich Wolf tleman from Wisconsin [Mr. PETRI], as ing new section: Jones Rahall Wynn amended. None of the funds made available in this Kanjorski Redmond Young (FL) The amendment, as amended, was act to pay the salary of any officer or em- Kennedy (RI) Regula agreed to. ployee of the Department of Interior may be NOES—201 Mrs. ROUKEMA. Mr. Chairman, I rise in used for the Animas-La Plata Project, in strong support of this important legislation and Colorado and New Mexico, except for (1) ac- Allen DeFazio Hutchinson want to take this opportunity to thank Chair- tivities required to comply with the applica- Andrews DeGette Inglis man MCDADE for his continued support for ble provisions of current law; and (2) con- Bachus Delahunt Jackson (IL) Barcia DeLauro Johnson (CT) tinuation of activities pursuant to the Colo- projects like the Ramapo River at Oakland Barrett (WI) Dellums Johnson (WI) Flood project and the tritium production pro- rado Ute Indian Water Rights settlement Act Bass Deutsch Kasich of 1988 (Pub L. 100–585). Becerra Dingell Kelly gram that are so important to the residents of RECORDED VOTE Bentsen Dixon Kennedy (MA) New Jersey. Berman Doggett Kennelly The CHAIRMAN. A recorded vote has As a long-time supporter of the U.S. Army Berry Duncan Kim Corps of Engineers' Oakland Flood Protection been demanded. Blagojevich Ehlers Kind (WI) A recorded vote was ordered. Boehlert Ehrlich Kleczka Project, I am committed to seeing that this The CHAIRMAN. This is a 5-minute Bonior Engel Klug project becomes a reality. Flooding along the Boswell Eshoo Kucinich Ramapo River has occurred 15 times in the vote. Boucher Etheridge Lantos The vote was taken by electronic de- Brown (CA) Evans Largent past 24 years. The 330 families that live along vice, and there were—ayes 223, noes 201, Brown (FL) Farr Lazio the 3.3-mile stretch cannot continue to endure Brown (OH) Filner Leach not voting 10, as follows: the repeated hardship and personal turmoil Campbell Foley Levin that the flood waters bring. [Roll No. 328] Capps Forbes Lewis (GA) Cardin Fox Lipinski The principal problems along the Ramapo AYES—223 Castle Frank (MA) LoBiondo River are flooding caused by the backwater ef- Abercrombie Blunt Combest Chabot Franks (NJ) Lofgren fect produced by the Pompton Lake Dam, the Ackerman Boehner Conyers Chambliss Ganske Lowey Aderholt Bonilla Cooksey Clay Gejdenson Luther hydraulic constrictions produced by bridges Archer Bono Cox Clayton Gephardt Maloney (CT) crossing the river, and insufficient channel ca- Armey Borski Crane Clement Gilchrest Maloney (NY) pacity. Baesler Boyd Crapo Clyburn Gilman Manton The project is now ready to move into the Baker Brady Cubin Coble Goode Manzullo Baldacci Bryant Cunningham Coburn Goodlatte Markey construction stage. The overall cost of the Ballenger Bunning Davis (VA) Collins Greenwood Matsui project through construction is estimated at Barr Burr DeLay Condit Gutierrez McCarthy (MO) $12.2 million. This cost is shared by the Fed- Barrett (NE) Burton Diaz-Balart Cook Hall (OH) McCarthy (NY) eral Government, 75 percent and the State, 25 Bartlett Callahan Dickey Costello Hastings (FL) McCollum Barton Calvert Dicks Coyne Hinchey McDermott percent. Bateman Camp Dooley Cramer Hobson McGovern Last year, $250,000 was included in the fis- Bereuter Canady Doolittle Cummings Hoekstra McKinney cal year 1997 appropriations bill to complete Bilbray Cannon Doyle Danner Hooley McNulty the planning phase of this project. But we now Bilirakis Carson Dreier Davis (FL) Horn Meehan Bishop Chenoweth Dunn Davis (IL) Houghton Meek face the battle of getting past a project on Bliley Christensen Edwards Deal Hulshof Menendez paper and putting shovels into the ground. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5797 The Army Corps of Engineers has indicated I would also like to thank the chairman and Cubin Hulshof Northup Cummings Hunter Norwood that it could use $3.5 million in fiscal year ranking member for the report language direct- Cunningham Hutchinson Nussle 1998. This capability would allow construction ing FERC [Federal Energy Regulatory Com- Danner Hyde Oberstar to advance by one year and substantially com- mission] to give priority to the processing of Davis (FL) Inglis Obey plete the first piece of the project. The comple- hydroelectric licenses for which there are com- Davis (IL) Istook Olver Davis (VA) Jackson (IL) Ortiz tion of the first piece, the channel widening, pelling applications. Deal Jackson-Lee Owens would provide immediate flood reduction bene- This language is important to the city of Hol- DeFazio (TX) Oxley fits to Oakland. yoke to prevent any delay in FERC's review of DeGette Jefferson Packard Delahunt Jenkins Pallone Flood protection is about more than money. competing dam license applications. Such a DeLauro John Pappas The emotional price of being forced from your delay may place an undue burden on the city DeLay Johnson (CT) Parker home by raging flood waters and returning of Holyoke. Dellums Johnson (WI) Pascrell only to find your most prized possessions ru- I would also ask that the chairman hold the Deutsch Johnson, E. B. Pastor Diaz-Balart Johnson, Sam Paxon ined with mud and water goes far beyond the House language in conference, as it is more Dickey Jones Payne economic price. precise then the language in the Senate bill. Dicks Kanjorski Pease I am acutely aware of how difficult it is to Again, I thank the chairman for his assist- Dingell Kaptur Pelosi craft a balanced fair bill that meets not only Dixon Kasich Peterson (MN) ance and I look forward to supporting the bill. Doggett Kelly Peterson (PA) the national needs but addresses various pa- The CHAIRMAN. If there are no fur- Dooley Kennedy (MA) Petri rochial demands. That is why I am so grateful ther amendments, under the rule, the Doolittle Kennedy (RI) Pickering for the $1.5 million included in the bill for my Committee rises. Doyle Kennelly Pickett Dreier Kildee Pitts Oakland residents. Accordingly, the Committee rose; Duncan Kilpatrick Pombo Finally, as we work with the other body to and the Speaker pro tempore (Mr. Dunn Kim Pomeroy prepare a final bill for the President's signa- LATOURETTE) having assumed the Edwards Kind (WI) Porter ture, I would ask the chairman to support ef- Ehlers King (NY) Portman chair, Mr. OXLEY, Chairman of the Ehrlich Kingston Poshard forts to secure additional funds for this project. Committee of the Whole House on the Emerson Kleczka Price (NC) We must take the necessary steps to com- State of the Union, reported that that Engel Klink Pryce (OH) plete this project before the residents in Oak- Committee, having had under consider- English Knollenberg Quinn Eshoo Kolbe Radanovich land are forced to endure yet another flood. ation the bill (H.R. 2203) making appro- Etheridge Kucinich Rahall Mrs. MORELLA. Mr. Chairman, although I priations for energy and water develop- Evans LaFalce Ramstad am very sensitive to the economic needs of ment for the fiscal year ending Sep- Everett LaHood Rangel our neighbors who live in the Appalachian cor- Ewing Lampson Redmond tember 30, 1998, and for other purposes, Farr Lantos Regula ridor of Maryland, West Virginia, Virginia, and pursuant to House Resolution 194, he Fattah Largent Reyes adjacent States, I support the Klug amend- reported the bill back to the House Fawell Latham Riggs ment to delete the money, $90 million, specifi- with sundry amendments adopted by Fazio LaTourette Riley Filner Lazio Rivers cally targeted for highway construction in the the Committee of the Whole. Flake Leach Rodriguez Appalachian corridor. This program is duplica- The SPEAKER pro tempore. Under Foglietta Levin Roemer tive, and it is more appropriately addressed the rule, the previous question is or- Foley Lewis (CA) Rogan when the House considers ISTEA funding. Forbes Lewis (GA) Rogers dered. Ford Lewis (KY) Rohrabacher In addition, there is convincing evidence that Is a separate vote demanded on any Fowler Linder Ros-Lehtinen a highway corridor could have very severe en- amendment? If not, the Chair will put Fox Lipinski Rothman vironmental consequences to the region. A them en gros. Frank (MA) Livingston Roukema 100-mile corridor through the sparsely popu- Franks (NJ) LoBiondo Roybal-Allard The amendments were agreed to. Frelinghuysen Lofgren Rush lated mountains in West Virginia would cross The SPEAKER pro tempore. The Frost Lowey Ryun 41 streams, go through two national forests, question is on the engrossment and Furse Lucas Sabo impact two Civil War battlefields, and take Gallegly Luther Salmon third reading of the bill. Ganske Maloney (CT) Sanchez some of the State's best farmland for sprawl The bill was ordered to be engrossed Gejdenson Maloney (NY) Sanders development. This is not a wise investment. and read a third time, and was read the Gekas Manton Sandlin I thank Congressman KLUG for offering this third time. Gephardt Manzullo Sanford amendment and urge my colleagues to join Gilchrest Markey Sawyer The SPEAKER pro tempore. The Gillmor Mascara Saxton me in support of it. question is on the passage of the bill. Gilman Matsui Scarborough Mr. SABO. Mr. Chairman, I would like to Pursuant to clause 7 of rule XV, the Goode McCarthy (MO) Schaefer, Dan bring to the attention of the House a matter yeas and nays are ordered. Goodlatte McCarthy (NY) Schaffer, Bob that was not included in the energy and water Goodling McCollum Schumer The vote was taken by electronic de- Gordon McCrery Scott appropriations bill, but which I believe de- vice, and there were—yeas 418, nays 7, Goss McDade Serrano serves further consideration, perhaps in con- not voting 9, as follows: Graham McDermott Sessions Granger McGovern Shadegg ference. [Roll No. 329] Our Nation's electrical transmission grid is Green McHale Shaw YEAS—418 Greenwood McHugh Shays strained to the point where blackouts and Gutierrez McInnis Sherman brownouts are occurring at critical times. This Abercrombie Bishop Cannon Gutknecht McIntosh Shimkus Ackerman Blagojevich Capps is a matter of life and death for older people Hall (OH) McIntyre Shuster Aderholt Bliley Cardin Hall (TX) McKeon Sisisky and those in poor health, whose life can be Allen Blunt Carson Hamilton McKinney Skaggs threatened when faced with high temperatures Andrews Boehlert Castle Hansen McNulty Skeen and a lack of air-conditioning. Archer Boehner Chabot Harman Meehan Skelton Armey Bonilla Chambliss Hastert Menendez Slaughter There is a potential solution to this trans- Bachus Bonior Chenoweth Hastings (FL) Metcalf Smith (NJ) mission problem. A consortium of utilities and Baesler Bono Christensen Hastings (WA) Mica Smith (OR) high technology companies have developed Baker Borski Clay Hayworth Millender- Smith (TX) Baldacci Boswell Clayton new transmission cables that can carry twice Hefley McDonald Smith, Adam Ballenger Boucher Clement Hefner Miller (FL) Smith, Linda the electricity of today's cables, thereby alle- Barcia Boyd Clyburn Herger Minge Snowbarger viating the overload problem without having to Barr Brady Coble Hill Mink Snyder install new rights-of-ways. The technology is Barrett (NE) Brown (CA) Coburn Hilleary Moakley Solomon Barrett (WI) Brown (FL) Collins Hilliard Mollohan Souder called aluminum matrix composites, and I Bartlett Brown (OH) Combest Hinchey Moran (KS) Spence hope that the final bill will give the Department Barton Bryant Condit Hinojosa Moran (VA) Spratt of Energy enough flexibility to consider funding Bass Bunning Conyers Hobson Morella Stabenow Bateman Burr Cook this project. Hoekstra Murtha Stearns Becerra Burton Cooksey Holden Myrick Stenholm Mr. OLVER. Mr. Chairman, I rise in support Bentsen Buyer Costello Hooley Nadler Stokes of the bill. Bereuter Callahan Cox Horn Neal Strickland I congratulate the chairman and ranking Berman Calvert Coyne Hostettler Nethercutt Stump Berry Camp Cramer member and their staffs for producing a solid Houghton Neumann Stupak Bilbray Campbell Crane Hoyer Ney Sununu bipartisan bill. Bilirakis Canady Crapo H5798 CONGRESSIONAL RECORD — HOUSE July 25, 1997 Talent Towns Weldon (FL) partment of Defense, for military con- First, the United States provides dis- Tanner Traficant Weldon (PA) Tauscher Turner Weller struction, and for defense activities of proportionate support for NATO in Tauzin Upton Wexler the Department of Energy, to prescribe many capacities, making available Taylor (MS) Velazquez Weygand personnel strengths for such fiscal year naval forces as well as communica- Taylor (NC) Vento White for the Armed Forces, and for other tions, transportation, and logistics ca- Thomas Visclosky Whitfield Thompson Walsh Wicker purposes, with Senate amendments pabilities, and strategic nuclear forces. Thornberry Wamp Wise thereto, disagree to the Senate amend- As a result, it pays a substantially Thune Waters Wolf ments, and agree to the conference larger portion of its GDP on its mili- Thurman Watkins Woolsey tary account than our European allies. Tiahrt Watt (NC) Wynn asked by the Senate. Tierney Watts (OK) Yates The SPEAKER pro tempore. Is there Second, several of our European al- Torres Waxman Young (FL) objection to the request of the gen- lies are wealthy nations and can con- tribute more to the burdens of the alli- NAYS—7 tleman from South Carolina? There was no objection. ance than they currently do. Ensign Paul Smith (MI) Third, new members of NATO should Gibbons Royce MOTION TO INSTRUCT OFFERED BY MR. DELLUMS Klug Sensenbrenner Mr. DELLUMS. Mr. Speaker, I offer a be expected to contribute along the terms of existing members, and should NOT VOTING—9 motion to instruct. The Clerk read as follows: not be admitted without the capabili- Blumenauer Meek Schiff ties to contribute across the panorama Gonzalez Miller (CA) Stark Mr. DELLUMS moves that the managers on of dimensions, that would include fi- Martinez Molinari Young (AK) the part of the House at the conference on nancial, military, political, and foreign b 1213 the disagreeing votes of the two Houses on the Senate amendments to the bill H.R. 1119 policy, of current members of the alli- So the bill was passed. be instructed to insist upon the provisions ance. The result of the vote was announced contained in section 1207 of the House bill re- Fourth, the amounts contained in as above recorded. lating to limitation on payments for cost of the amendment do indeed reflect the A motion to reconsider was laid on NATO expansion. administration’s current estimates of the table. The SPEAKER pro tempore. The gen- the probable U.S. share. The provisions f tleman from California [Mr. DELLUMS] contained in section 1207 would estab- and the gentleman from South Caro- lish that in law for the period through GENERAL LEAVE lina [Mr. SPENCE] will each be recog- the year 2010, after which a review can Mr. MCDADE. Mr. Speaker, I ask nized for 30 minutes. be made of the continuing appropriate- unanimous consent that all Members The Chair recognizes the gentleman ness of that level of commitment or re- may have 5 legislative days within from California [Mr. DELLUMS]. straint. which to revise and extend their re- Mr. DELLUMS. Mr. Speaker, I yield Finally, Mr. Speaker, legislative ini- marks on the further consideration of myself such time as I may consume. tiatives have in the past provided im- H.R. 2203, and that I may include tab- During the House’s deliberation on portant leverage, as it were, to the U.S. ular and extraneous material. the bill, Mr. Speaker, H.R. 1119, the De- Government in negotiations with The SPEAKER pro tempore (Mr. fense Authorization Act for Fiscal NATO partners on burdensharing ar- LATOURETTE). Is there objection to the Years 1998 and 1999, the House adopted rangements. request of the gentleman from Penn- an amendment offered by my distin- Mr. Speaker, with those opening and sylvania? guished colleague, the gentleman from explanatory remarks, I reserve the bal- ance of my time. There was no objection. Massachusetts [Mr. FRANK]. That Mr. SPENCE. Mr. Speaker, I yield amendment now embodies the provi- f myself such time as I may consume. sions contained in section 1207 of the PERMISSION FOR COMMITTEE ON Mr. Speaker, I rise in support of the bill. motion to instruct conferees of the APPROPRIATIONS TO FILE SUN- Very briefly, let me describe that DRY PRIVILEGED REPORTS gentleman from California [Mr. DEL- amendment and now the provisions of LUMS], the distinguished ranking mem- Mr. MCDADE. Mr. Speaker, having section 1207. It would place a limit on ber of the committee. This motion ex- cleared this with the minority, I ask U.S. costs for handling the expansion presses support for section 1207 of H.R. unanimous consent that the Commit- of NATO to 10 percent of the total cost, 1119, a provision offered by the gen- tee on Appropriations may have until or $2 billion, whichever is lesser, for tleman from Massachusetts [Mr. midnight tonight, July 25, 1997, to file fiscal years 1998 through 2010. FRANK] that would ensure that the three privileged reports on bills mak- With respect to background, Mr. United States’ share of the costs asso- ing appropriations for the Department Speaker, Congress, the House espe- ciated with the proposed expansion of of Defense for fiscal year 1998; the De- cially, has for a long time expressed NATO does not exceed the administra- partments of Labor, Health, and concern regarding the relative shares tion’s projected estimates. Human Services, and Education, and of meeting the burden of providing Eu- While I believe we want to closely ex- related agencies for fiscal year 1998; ropean and transatlantic security. It amine the precise wording of this pro- and the Departments of Commerce, has passed provisions on several occa- vision, I support its intent, as it ad- Justice, and State, the Judiciary, and sions to secure increases in European dresses a very important aspect of the related agencies for fiscal year 1998. support for U.S. troop nonpersonnel administration’s NATO expansion pol- The SPEAKER pro tempore. Is there costs, and has a provision, adopted icy: How much will this policy cost, objection to the request of the gen- again by overwhelming support on the and who will pick up the cost? tleman from Pennsylvania? floor in the House version of the 1998 On this point, a recent letter from There was no objection. Defense authorization act, the Frank President Clinton to the committee The SPEAKER pro tempore. All amendment that I have alluded to ear- states that ‘‘all NATO members will points of order are reserved on the lier. share in the cost of NATO enlarge- bills. With NATO expansion looming on ment, and the distribution of costs will f the horizon, concern exists regarding be in accordance with long-standing fi- the understanding of both the scale of nancial principles.’’ APPOINTMENT OF CONFEREES ON the costs associated with expansion However, at the recent NATO sum- H.R. 1119, NATIONAL DEFENSE and the distribution of those costs mit in Madrid, French President Chirac AUTHORIZATION ACT FOR FIS- across new and current members of declared, and I quote, ‘‘France does not CAL YEAR 1998 NATO, including the United States. intend to raise its contribution to Mr. SPENCE. Mr. Speaker, I ask Let me quickly reiterate, Mr. Speak- NATO because of the cost of enlarge- unanimous consent to take from the er, arguments in support of the provi- ment.’’ At a minimum, this develop- Speaker’s table the bill (H.R. 1119) to sions contained in section 1207, the sub- ment raises important questions that authorize appropriations for fiscal year ject of this motion to recommit con- deserve continued attention and scru- 1998 for military activities of the De- ferees. tiny by the Congress. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5799 Mr. Speaker, regardless of where one ranking minority member’s words of The chairman of the Committee on might stand on the broader question of praise, because he is among the most National Security correctly noted, I NATO expansion, I agree that the ques- consistently thoughtful and serious believe, the quotation from President tion of cost, how much, who pays, and Members of this body, and praise from Chirac of France. Remember, the by when, should be of universal con- him in this area means a great deal to French have two positions. One, more cern. Therefore, I join the gentleman me. countries ought to be invited into from California in supporting this mo- I am also grateful to the two chair- NATO; two, they should not contribute tion, and look forward to working with men who have spoken, the gentleman a franc to that. him and the Members on all sides of from New York [Mr. GILMAN], chair- b 1230 the NATO expansion issue as we arrive man of the Committee on International at a proper statement of congressional Relations, and the gentleman from That is obviously an untenable posi- policy on questions of cost. South Carolina [Mr. SPENCE], chairman tion. I regard this as strengthening the Mr. GILMAN. Mr. Speaker, will the of the Committee on National Secu- hands of the administration. The num- gentleman yield? rity. ber we have here, $2 billion, is the Mr. SPENCE. I yield to the gen- It is appropriate that we be speaking upper end of the range that the Presi- tleman from New York. out with virtual unanimity, certainly dent has told us this will cost. This is (Mr. GILMAN asked and was given great consensus. We are not here debat- not an effort to force the administra- permission to revise and extend his re- ing whether or not America ought to tion to do with less than they have marks.) join NATO. Indeed, in its specific form, asked for. The President has said over Mr. GILMAN. Mr. Speaker, I am that will not come before us. It will this 12-year period it will cost $1.5 to $2 pleased to rise in support of the gentle- come before the other body as a ratifi- billion. We say $2 billion. man’s remarks, the chairman of our cation of a treaty. This House voted on We realize he has got to be negotiat- Committee on National Security. a resolution, a sense of Congress, in ing with our allies, allies who have re- Mr. Speaker, I took part in a NATO favor of the expansion of NATO. That fused to bear a common part of the summit meeting. We certainly are in is not at issue. There is a large major- burden, and questions have legiti- support of NATO expansion, but I think ity in favor, although some may have mately been raised. Why is that impor- burdensharing is an extremely impor- questions. tant? It is important because if they do tant aspect of all of this. We want to The issue is what is an equitable too much or we get forced to do too make certain that the Congress and sharing of the costs. I think it is im- much at the expense of other things, the American people fully understand portant to note the history here. Fifty- we are about to adopt, not with my what the burden of costs will be with two years ago, at the close of World vote, but it is going to be adopted, a regard to NATO expansion. budget agreement. It will very tightly I am pleased to rise with the gen- War II, this Nation undertook as gener- constrain for the next 5 years at least tleman in support of the amendment of ous an approach to foreign nations as both domestic and international spend- the gentleman from Massachusetts we have seen in the history of the world. From the Marshall plan through ing, both military and civilian spend- [Mr. FRANK]. Mr. SPENCE. Mr. Speaker, I reserve a whole range of other activities, the ing, the military spending itself will be the balance of my time. people of the United States went to the tight according to those in charge of it. Mr. DELLUMS. Mr. Speaker, I yield aid in particular of people in Europe And it cannot, I think, sustain addi- myself such time as I may consume. who had been devastated by the war, in tional billions for NATO expansion Mr. Speaker, first I would like to what is really quite an extraordinary without taking away from important thank my distinguished colleagues, the example of national generosity and categories that we need to worry gentleman from South Carolina [Mr. good sense. It was done in a bipartisan about. So this simply takes the Presi- SPENCE] and the gentleman from New way by President Truman and a Repub- dent at his word. York [Mr. GILMAN] for their support of lican Congress that came into power in I would also point out two things: this motion to instruct conferees. It 1946. The chairman of the committee said certainly gives this gentleman con- This country not only went to the aid quite correctly that he, and I appre- fidence that we will stand firmly and of its former allies, but in what is real- ciated this, agreed in concept but we strongly in the context of the con- ly an example of the importance of a would work on the wording. Of course, ference to bring this provision back. generosity of spirit and an appreciation an instruction motion does not tie the I in a moment will yield to one of my of the value of reconciliation, we went hands of our conferees. It does not re- distinguished colleagues from Massa- to the aid of our former enemies. This quire them to vote ad infinitum for chusetts, the author of the amendment country by the late 1940’s was a partner every word. It, I hope, will send them that is now the subject matter of sec- in the rebuilding economically and po- into negotiation with the other body tion 1207, but I would first like to say, litically of Germany and Japan. Ger- with a powerful statement that some Mr. Speaker, that over the years there many and Japan today and for decades concern about cost has to be written have been several Members very keenly have been functioning democracies, in. interested in the issue of and that is something about which we Second, what we are talking about burdensharing. One of them who has can be proud, our part in having that people will say, suppose something un- loomed large in the context of our de- reaction. foreseen comes up there 4 or 5 years liberations here in the Congress on the I say that because no one can accuse from now. The answer under the Amer- matter of burdensharing has been the this country of a lack of appreciation ican Constitution is not that the Presi- distinguished gentleman from Massa- for international responsibilities when dent should have a blank check to deal chusetts [Mr. FRANK], who has been un- we say at this point, dealing with allies with that but where we are talking wavering and unrelenting in his con- that are our equals in wealth, that an about the spending power, the Presi- cern about burdensharing. element of subsidy from us to them is dent should be required to return to I think it is a tribute to the gen- no longer appropriate. That is what the Congress of the United States and tleman that the Congress on more than this amendment says. say, this has happened. There is this one occasion has embraced the wisdom This amendment says that when it emergency. This threat has turned out of my distinguished colleague, and that comes to the expansion of NATO, to be worse than we thought. This ex- his work is now the subject matter of which is, after all, primarily about Eu- pense is greater than we thought. the motion to recommit conferees rope, although it is obviously going to There has been a collapse in one of our today. benefit us as well, the wealthy Euro- allies and we understand that they can- Mr. Speaker, I yield such time as he pean nations, and this is not an effort not bear the strain of that cost. may consume my distinguished col- to impose more money on the Czech This House and the other body will league, the gentleman from Massachu- Republic or the people of Hungary or certainly listen to that. This is not an setts [Mr. FRANK]. the people of Poland, but we are talk- absolute forever limitation. It is saying Mr. FRANK of Massachusetts. I am ing here about our wealthy European to the administration, this is what you deeply grateful, Mr. Speaker, for the allies. say you need now and this is what we H5800 CONGRESSIONAL RECORD — HOUSE July 25, 1997 are going to give you. If circumstances five unnamed members to the alliance. In a pean nations are also the leading na- arise which should require more, then February 1997 report to Congress, the admin- tions in the European Union. They under our Constitution you come back istration concluded that the cost to the have impressed on themselves the re- United States over 12 years would be just and ask because what we fear, many of $150 million to $200 million a year, at best quirement that they get their budget us, is that our allies will cheer us on, only one-fifth of the next highest estimate deficits down to 3 percent of gross do- urge us to expand to even more coun- from an independent source. The same ad- mestic product, far higher than ours. tries and continue the pattern of refus- ministration estimated the costs of the cur- They are under pressure to make cuts ing to cooperate. rent U.S. operation in Bosnia at less than $2 and their military budgets are going to I include for the RECORD, Mr. Speak- billion. The actual cost will be $6.5 billion be cut. er, an article which was published in through June 1998, with that withdrawal Great Britain, another very impor- date now in question. tant NATO member not in the EU cur- yesterday’s Washington Post by two The administration’s February report is distinguished Republican Members of further troubling because of its assumptions rency union, just announced, under the the other body: about burden-sharing, or how much of the new government, that they would be [From the Washington Post, July 24, 1997] total cost of NATO enlargement will be cutting defense. It is important for us THE MISSING NATO DEBATE borne by our European allies. According to to have a large vote for this so that our the administration, the United States will (By John Warner and Kay Bailey Hutchison) administration understands and is pay just 15 percent or so of the direct en- Going into the NATO summit in Madrid, strengthened in negotiations with our largement costs. Other members will pay 50 allies and in insisting that the Amer- conventional wisdom had it that expanding percent, and the new members 35 percent. the Alliance would be easy. We believe this The recent statement by President Chirac ican taxpayer not be given an open- perception is changing with the realization would seem to call this assumption into ended budgetary problem with the ex- of what expansion will entail. question. His statement is consistent with pansion of NATO. The plan—which would have Poland, the the trends of the last several years. Despite Therefore, I am very grateful to my Czech Republic and Hungary come under the cuts in U.S. defense spending since the end of friend from California, my friend from American security umbrella in just two the Cold War, we still spend nearly 4 percent South Carolina, the gentleman from years—seems to contradict the reality of de- of our total wealth (gross domestic product) New York and the others who I think clining defense budgets and general post- on defense. By comparison, France spends Cold War retrenchment that is taking place just 2.5 percent, Germany 1.5 percent and Po- are strengthening the hand of the U.S. in all of the Western democracies. French land 2.4 percent. It seems unlikely that these Government in this negotiation. President Jacques Chirac admitted as much current and future allies will pay proportion- Mr. DELLUMS. Mr. Speaker, I yield at the recent NATO summit in Madrid, when ately two or three times more than the Unit- such time as he may consume to the he flatly declared that ‘‘France does not in- ed States for the costs of NATO expansion gentleman from Wisconsin [Mr. OBEY]. tend to raise its contribution to NATO be- when they spend just half of what we do on Mr. OBEY. Mr. Speaker, I rise in sup- cause of the cost of enlargement.’’ general defense. port of the Frank motion. Let me stip- One indication of this intensified scrutiny NATO expansion may well be a good idea, ulate, I am an internationalist. I for 10 is the recent letter from 20 senators to the but the plan to bring it about must be based years chaired the Subcommittee on president outlining those areas that will be on hard realities, not feel-good perceptions. debated prior to NATO expansion. Signato- A heavy burden falls upon elected leaders to Foreign Operations, Export Financing ries include senators from every region of make a convincing argument to the Amer- and Related Programs of the Commit- the country and from across the political ican people that changes we make to the al- tee on Appropriations. In that capac- spectrum, from Jesse Helms (R–N.C.) to Paul liance are in our national interest and will ity, I worked with many Members in Wellstone (D–Minn.). strengthen the organization. this institution in initiating and then These members have differing views of I cite this because it is, I will tell the expanding American assistance to east- NATO expansion, from support to skepticism Parliamentarian, directly relevant to ern Europe after the fall of the Berlin to outright opposition. But they share one Wall and the collapse of the Soviet concern: The decision to enter into a mutual the legislation under consideration. defense treaty with three additional coun- Under our rules we cannot just idly Union. I was deeply involved in ensur- tries deserves more debate and inspection comment on the other body, but we can ing that we had major debt relief for than it has thus far received. talk about things that are relevant. Poland without which Poland would Under Article 5 of the NATO Charter, the Two Members of the Senate, the Sen- not, in my view, have been able to members make a commitment to treat an at- ator from Virginia, who is a senior make the transition from a captive tack on one member as an attack on all. Are member of their Committee on Armed Communist country to a now economi- the American people willing to make that Services, and the junior Senator from cally thriving incipient democracy. same commitment to the three countries in I believe deeply in engagement with Central Europe being identified for NATO Texas have an interesting article about membership, and possibly more in the fu- this problem. They talk about, for in- countries around the world, including ture? And at what price? stance, when they list what the Presi- those in Central Europe. But I think The cost of adding at least three members dent of the United States has said this the gentleman from Massachusetts to NATO will entail increased training for will cost us, the recent statement by [Mr. FRANK] is absolutely correct. the new members, enhanced command and President Chirac of France would seem Uncle Sam cannot be Uncle Sucker. I control capabilities, communications and in- to call this assumption into question. think frankly, while the gentleman telligence-gathering improvements, upgrad- His statement is consistent with the from Massachusetts [Mr. FRANK] said ing of facilities and the purchase of weapons trends of the last several years. Despite this debate is not about the expansion that will bring the new members up to NATO standards. cuts in U.S. defense spending since the of NATO, I wish it were because frank- The wide variations in the estimates for end of the cold war, we still spend near- ly we have never really had a debate in these improvements are of concern. The ly 4 percent of our total wealth on de- this country about expansion of NATO. independent and respected Rand Corp. in 1995 fense. By comparison France spends We have had a very lightly once over fixed the cost of NATO expansion at $1 bil- just 2.5 percent; Germany, 1.5 percent. discussion in this House last year en- lion to $5 billion a year over 10 years, soaring It seems unlikely that these current couraging the administration to pursue as high as $10 billion or more should a strong and future allies will pay two or three the possibilities of expansion, some- threat to NATO reemerge. The nonpartisan Congressional Budget Of- times more than the United States for thing which no reasonable Member fice has estimated that expanding the alli- the cost of NATO expansion when they could oppose; but I do not believe that ance (to the three plus Slovakia) would lead spend just half of what we do on gen- the expansion of NATO has occurred in to U.S. costs ranging from $5 billion to $19 eral defense. the right way. I think that what the billion over 15 years. The CBO estimates the There is one thing we can do about West has done and the way it has done total cost of expansion at as much as $125 that. We can have this Congress say, it in expanding NATO has been one of billion. The cost to the United States as- yes, the great majority here in this the most culturally and politically, sumes, questionably, that the new members House voted to support the concept of internationally politically arrogant of the alliance would increase their own de- NATO expansion but not in a context fense spending by 60 percent over the same acts that the West has undertaken. period. in which the U.S. taxpayer has to re- I am concerned it will lead to some In stark contrast to these staggering cost duce our contribution. Remember, the long-term problems because, first of assessments are the Clinton administration’s European nations have imposed on all, I do not like the fact that, if you rather modest estimates for adding three to themselves, the leading NATO Euro- expand NATO selectively, we then July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5801 leave the Baltic States exposed in a no- staffs for the great job that they do on guns, and he said we will have an open man’s land. I think if we add three or the most important committee in the door policy. four countries to NATO, we increase entire Congress, even more important b 1245 the vulnerability to the countries clos- than our Committee on Rules. That est to Russia, Ukraine, Balkans, coun- takes a little bit for me to say that. And, yes, we will bring in Poland and tries like that. Let me also just point out that I rise the Czech Republic and Hungary. And Second, we had in this country our in support of the concept of this then tomorrow it will be Slovenia and own debate about who lost China more amendment, if not the specifics. I am a Romania. And the next day or the next than a generation ago. It was not a little concerned about placing a per- year or the year after it will be the healthy debate. I am concerned that centage or a dollar figure in an amend- Baltic States. And we wrote that into the way in which we approach the ex- ment like this. But if we look at the the communique. I actually had the op- pansion of NATO will add fuel to the Constitution of the United States, the portunity to write it in, which included fire and add to the capacity of the most primary purpose for forming this Re- the Baltic States. hard-line rejectionist elements within public of States into the United States That means that all countries, re- Russia to some year down the road, of America was to provide for a com- gardless of size, regardless of geo- when the economy starts to slide mon defense. And in providing for a graphic location, regardless of political again, encourage them in their own common defense, that means in being problems that might affect Russia, who-lost-Eastern-Europe debate. I able to have the capability of defending that that door will be kept open. And think that would operate to the dis- America’s interests anywhere in the that is why we must be a part of NATO. advantage of democratic forces in Rus- world in order to prevent an eventual And, yes, over the years the gen- sia. attack on our sovereignty and our way tleman from South Carolina, Mr. Last, and I think most importantly, of life and our democracy. FLOYD SPENCE and myself, and the gen- as stewards of the taxpayers money, it In doing that, we have responsibil- tleman from Nebraska, Mr. DOUG BE- is our obligation both to know and to ities as leaders of the world. We have REUTER, representatives to NATO, to be frank with the American people to look at the fact that twice we have the North Atlantic Assembly, along about the cost that will be associated been called into battle in the European with Pat Schroeder, a former colleague with NATO expansion. I do not think continent. It has cost millions and mil- of ours on the other side of the aisle, that we have had that frankness and lions and millions and millions of dol- fought for burden sharing to make sure that openness. I doubt very much that, lars and a million American lives dur- the other countries paid their fair if the country knew that we are going ing those two world wars. Then the share. to commit ourselves to the concept cold war erupted when the Soviet And, yes, we must do that today, but that an attack on, say, Budapest would Union became an entity and tried to let us not be foolhardy in thinking that be treated as an attack upon Washing- force their atheistic philosophy down when we bring in a country like Slove- ton, DC, I think the country would the throats of the entire world, and it nia, that has suffered so much, or Ro- want a whole lot more debate about became necessary to engage in that mania or the Baltics, who do not have that than it has had to this point. And cold war at great financial expense to the wherewithal, we must remember certainly it would want to know what the American taxpayer. But it was we have to help them in order to pre- that could cost us in this era of com- money well spent because today in- pare for this, for an irreversible democ- peting forces and scarce budgets. stead of communism breaking out all racy. So I wish we had had a more full de- over the world we now have democracy, These are the criteria for bringing bate on that subject, but given the fact the kind that we enjoy so much break- these countries in: They must have that we have not, at least I believe ing out all over this world. moved to an irreversible democracy; that we certainly ought to do what the But that is a very, very fragile peace they must believe in the free market Frank amendment does, which is to that we have today. The NATO alliance system; they must believe in human take at their word what they say the was the greatest defense alliance in the rights for their own people within their cost to us of NATO expansion will be history of this world because, all dur- boundaries and those without their and to see to it that it does not rise ing that cold war, it kept the peace. It boundaries as well; and then they must above that ceiling because I believe kept this country and others from be able to participate militarily. that will at least force a stronger de- being annihilated from nuclear attack. Mr. BEREUTER. Mr. Speaker, will bate on the issue. If we are going to And the way to keep that peace for the the gentleman yield? make this decision, it ought to be made future is to expand NATO. We have an Mr. SOLOMON. I yield to the gen- with everybody’s eyes open, after a full obligation in America to do that be- tleman from Nebraska, who has been so debate. That is the only way to cause we are the leader of the free active in this over the years, and I am strengthen rather than weaken the world. We are the beacon of hope for all sorry to take so much time. commitment of our society to involve- people throughout this world. We can- Mr. BEREUTER. Mr. Speaker, I ment in international affairs. That is not just sit back and say, Europe, that thank the gentleman for yielding to me the only way that we can discourage is your responsibility because down the and commend him for his remarks. rather than encourage isolationism. road it then could reflect back on us as The gentleman, of course, is cur- That is why I think that the Frank a nation. rently serving as one of the vice presi- amendment, while it does not come Therefore, we have to say to the rest dents of the North Atlantic Assembly. soon enough to generate a full-blown of the world, and let me heap praise on The gentleman from South Carolina debate on what is happening in NATO, the President of the United States of [Mr. SPENCE], the gentleman from Cali- at least gives us an opportunity to be America, Bill Clinton, because before fornia [Mr. DELLUMS], and myself, we more frank about what it is we are he went to Helsinki he met with me for have all been involved, with others, for doing, not meaning a pun there. I con- an hour and discussed his philosophy quite some period of time. gratulate the gentleman and support and our Republican philosophy to I recall my earliest involvement in his motion. make sure they were on line, that we this particular issue was back in 1982 Mr. SPENCE. Mr. Speaker, I yield were speaking the same philosophy; or 1984, and it seems to me we have such time as he may consume to the and that was that there would be an been pushing for burden sharing ar- gentleman from New York [Mr. SOLO- open door to all of those people who rangements since that time, both on MON]. had been deprived of this thing we love infrastructure and every other way. So Mr. SOLOMON. Mr. Speaker, I thank so much, our sovereignty, and Bill before it became popular, we had been the chairman for yielding me the time. Clinton lived up to his word. pushing for that, just as I continue to At the outset let me just sing the I went to Madrid with the President push for reasonable burden sharing on praises of the chairman, the gentleman and with others and we sat down. And the United Nations. from South Carolina [Mr. SPENCE], and over the objections of Jacques Chirac But I do think we need to keep in the gentleman from California [Mr. and even Helmut Kohl and many oth- mind, regardless of our support for the DELLUMS], ranking member and their ers, President Clinton stuck to his Frank amendment, that the overriding H5802 CONGRESSIONAL RECORD — HOUSE July 25, 1997 consideration for us being in NATO is So I am not in dispute with the gen- ened discussion in America. There because it is in our national interest. tleman’s views on the costs. Indeed, it ought to be an informed and enlight- And the overriding reason for us en- is precisely those more moderate costs ened debate in the context of the Con- couraging and participating and actu- he described that are the fundamental gress. And the comments that the gen- ally providing the leadership for expan- premise of this amendment. tlemen have made, to take the oppor- sion of NATO into the Czech Republic Mr. SOLOMON. Mr. Speaker, re- tunity on this motion to instruct to and Hungary and Poland, and there- claiming my time, I thank the gentle- discuss the merit or the lack thereof of after, as the gentleman said, to other men, and let me thank also the gen- the need for expansion, simply under- countries, including Slovenia, Roma- tleman from Nebraska [Mr. BEREUTER], scores the comments that many of us nia, and the Baltic States, is because of who is a former vice president of the have made, that there ought to be a our national interest. And that ought North Atlantic Assembly and has done significant discussion and debate in to be the overriding factor. such a great job representing us in that America on this issue. We will push hard for burden sharing body over these many, many years. He Mr. Speaker, I have no further re- in every way. We expect the Europeans has summed up my debate, so I will not quests for time, and I yield back the and Canada to bear their share of the have to go further other than to tell balance of my time. cost, and especially the new countries, my good friend, the gentleman from Mr. SPENCE. Mr. Speaker, I yield but I also think we need to be careful Massachusetts [Mr. FRANK], he is abso- myself such time as I may consume, that we do not fall for the exaggerated lutely on line and we are all in agree- and will only add to this that the gen- cost. It is no longer reasonable for us ment. tleman from California and myself, as to consider the full infrastructure we As a matter of fact, we should be tell- chairman and ranking member of the have in the front line states in NATO ing certain people like Jacques Chirac Committee on National Security, today, like we have in Germany, and of France, who have done all they can wrote to our President raising some of these new states. to disrupt NATO over the years, they these concerns that have been talked So inheriting the infrastructure in should either participate or get out. about here today and had a full, places like Hungary, some of which I And having said that, I thank the gen- lengthy letter back from him explain- have seen in good shape, we can have a tleman, and I will be supporting his ing these different positions. We also dramatic improvement and a protected amendment. had a hearing in our committee and we environment for the citizens of these Mr. DELLUMS. Mr. Speaker, I yield discussed these same matters today. three countries without extraordinary myself such time as I may consume. Mr. GILMAN. Mr. Speaker, I have been one First, I want to say to my distin- costs. of the strongest supporters in this House of guished colleague, the chairman of the The defense industry, the opponents the concept of NATO enlargement. I believe committee, that I plan to make just a of NATO expansion, they put out some that it is only as a result of our efforts in the very few brief remarks. This will be the extraordinary costs that are not rea- Congress that the Clinton administration and sonable. But I do think that we need to concluding comments on this side of our NATO Allies came to the momentous deci- take this step to try to push the Euro- the aisle, and then I will be more than sion earlier this month in Madrid to invite Po- peans to pay their share along with the happy then to yield back the balance of land, Hungary, and the Czech Republic to join Canadians, but I want to commend the my time. I would also indicate that we NATO. And our effortsÐmost recently in the gentleman for his statement and the will be asking for a rollcall vote. form of the European Security Act, passed by chairman and the senior Democrat on Just in summary, let me conclude this House last monthÐhelped make certain the Committee on National Security and underscore for emphasis a com- that NATO would keep the door open to other for their comments here today, as well ment that the gentleman from Massa- countries such as Slovenia, Romania, the Bal- as the gentleman from Massachusetts. chusetts made. First, what we are Mr. FRANK of Massachusetts. Mr. about here today is a motion to in- tic States, and Bulgaria, that will want to join Speaker, will the gentleman yield? struct conferees. That motion to in- NATO in the future. Mr. SOLOMON. I yield to the gen- struct conferees simply says they The amendment offered by Mr. FRANK, tleman from Massachusetts. should work as diligently as they can which now appears as section 1207 of the bill, Mr. FRANK of Massachusetts. Mr. to preserve the integrity of section was not offered in an effort to block NATO en- Speaker, I want to stress a couple of 1207, which places a limitation on the largement. Rather, it was offered in an effort points of agreement between us. resources to be made available for the to signal our continued concern about the First, I very much have in mind try- purposes of expansion of NATO to $2 issue of burdensharing within NATO. For this ing to get France and Germany and billion or 10 percent, whichever is the reason, I do not oppose the motion by Mr. England and Belgium and Denmark lesser amount, between the fiscal year FRANK to instruct our conferees on section and Norway, quite wealthy countries, 1998 to the year 2010. 1207. to contribute. I agree with the gen- My distinguished colleague from New I am pleased to join Chairman SPENCE, tleman that we should not be trying to York clearly recognizes that if we are however, in pointing out that there are very get more out of Hungary and Poland confronted with extraordinary extenu- serious problems with section 1207 the way it and the Czech Republic. ating circumstances, the Congress of is currently drafted. It would be most unwise to Indeed, I think it is essential for the United States, in this Congress impose an inflexible, binding cap on the these newer democracies, newer re- next year or new Congresses down the amount that the United States will pay for cently, not to put themselves at risk road, new administrations can revisit NATO enlargement. At this point, no one with their own people in terms of ex- this matter. We can act. But what we knows for certain just how much NATO en- cessive demands here. So I am not try- are saying is at this particular moment largement will cost. But one thing is absolutely ing to get more money out of the new this is the most prudent thing to do. clear: We must make certain that the NATO members. I believe the problem is with Finally, I would like to say when we security guarantee that we are about to extend the existing NATO members who have listen to the comments offered by the to Poland, Hungary, and the Czech Republic been doing so very well for so long. And gentleman from Massachusetts, Mr. is not any hollow guarantee. It must be a seri- that is the key point. FRANK, the gentleman from Wisconsin, ous guarantee, one that we and our NATO Al- The second thing I would say, in Mr. OBEY, the gentleman from Ne- lies can back up in a crisis. Therefore it can- agreement with the gentleman from braska, Mr. BEREUTER, and the gentle- not be subject to any arbitrary cost ceiling. Nebraska, I hope that those figures we men from New York, Mr. GILMAN and I would also point out the limitation con- have seen are exaggerated. That is why Mr. SOLOMON, it points out that this tained in section 1207 is not consistent with what this says is we will take the ad- ought to be a beginning point for a de- the administration's cost estimates for NATO ministration’s figures at its word. And bate that has not occurred in this enlargement. The administration's February we always have the constitutional country, a discussion that has not oc- 1997 cost study projected that our share of right as Congress, if it turns out there curred in this country, and that is the enlargement costs would be approximately 15 is some unforeseen problems, the way efficacy and the appropriateness and percent of the total, not 10 percent as pro- this works is we come back here and the direction of NATO expansion. vided in section 1207. nobody doubts they would get very In the context of this Republic, there I am assured that the Committee of Con- rapid consideration. ought to be an informed and enlight- ference will correct these defects in section July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5803 1207. With that understanding, I join Chairman Hoekstra McKeon Sanford The result of the vote was announced Holden McKinney Sawyer SPENCE in urging my colleague to support the Hooley McNulty Saxton as above recorded. motion. Horn Meehan Scarborough A motion to reconsider was laid on Mr. SPENCE. Mr. Speaker, I have no Hostettler Menendez Schaefer, Dan the table. further requests for time, and I yield Houghton Metcalf Schaffer, Bob Hoyer Mica Schumer PERSONAL EXPLANATION back the balance of my time. Hulshof Millender- Scott The SPEAKER pro tempore (Mr. Hunter McDonald Sensenbrenner Ms. ROS-LEHTINEN. Mr. Speaker, I regret that due to unforeseen circumstances I was LATOURETTE). Without objection, the Hutchinson Miller (FL) Serrano Hyde Minge Sessions previous question is ordered on the mo- unable to vote on H.R. 1119, Rollcall No. 330, Inglis Mink Shadegg and H.R. 1119, Rollcall call No. 331. If I had tion to instruct. Istook Moakley Shaw been present I would have voted ``aye.'' There was no objection. Jackson (IL) Mollohan Shays Jackson-Lee Moran (KS) Sherman The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The (TX) Moran (VA) Shimkus LATOURETTE). Without objection, the question is on the motion to instruct Jefferson Morella Shuster Chair appoints the following conferees: offered by the gentleman from Califor- Jenkins Murtha Sisisky John Myrick Skaggs From the Committee on National Se- nia [Mr. DELLUMS]. Johnson (CT) Nadler Skeen curity, for consideration of the House The question was taken; and the Johnson (WI) Neal Skelton bill and the Senate amendment, and Speaker pro tempore announced that Johnson, E. B. Nethercutt Slaughter Johnson, Sam Neumann Smith (MI) modifications committed to con- the ayes appeared to have it. Jones Ney Smith (NJ) ference: Mr. DELLUMS. Mr. Speaker, I object Kanjorski Northup Smith (OR) Messrs. SPENCE, STUMP, HUNTER, KA- Kaptur Norwood Smith (TX) to the vote on the ground that a SICH, BATEMAN, HANSEN, WELDON of quorum is not present and make the Kasich Nussle Smith, Adam Kelly Oberstar Smith, Linda Pennsylvania, HEFLEY, SAXTON, BUYER, point of order that a quorum is not Kennedy (MA) Obey Snyder Mrs. FOWLER, and Messrs. MCHUGH, present. Kennedy (RI) Olver Solomon TALENT, EVERETT, BARTLETT of Mary- The SPEAKER pro tempore. Evi- Kennelly Ortiz Souder Kildee Owens Spence land, LEWIS of Kentucky, WATTS of dently a quorum is not present. Kilpatrick Oxley Spratt Oklahoma, CHAMBLISS, RILEY, DEL- The Sergeant at Arms will notify ab- Kim Packard Stabenow LUMS, SKELTON, SISISKY, SPRATT, Kind (WI) Pallone Stearns sent Members. RTIZ ICKETT VANS AYLOR King (NY) Pappas Stenholm O , P , E , T of Mis- The vote was taken by electronic de- Kingston Parker Stokes sissippi, ABERCROMBIE, MEEHAN, Ms. vice, and there were—yeas 414, nays 0, Kleczka Pascrell Strickland HARMAN, and Messrs. MCHALE, KEN- not voting 20, as follows: Klink Pastor Stump NEDY of Rhode Island, BLAGOJEVICH, Klug Paul Stupak [Roll No. 330] Knollenberg Paxon Sununu SNYDER, and RODRIQUEZ. YEAS—414 Kolbe Payne Talent As additional conferees from the Per- Kucinich Pease Tanner manent Select Committee on Intel- Abercrombie Chabot Everett LaFalce Peterson (MN) Tauscher Ackerman Chambliss Ewing LaHood Peterson (PA) Tauzin ligence, for consideration of matters Aderholt Chenoweth Farr Lampson Petri Taylor (MS) within the jurisdiction of that commit- Allen Christensen Fattah Lantos Pickering Taylor (NC) tee under clause 2 of rule XLVII: Andrews Clay Fawell Largent Pickett Thomas Messrs. GOSS, LEWIS of California, Archer Clayton Fazio Latham Pitts Thompson Armey Clement Filner LaTourette Pombo Thornberry and DICKS. Bachus Clyburn Flake Lazio Pomeroy Thune As additional conferees from the Baesler Coble Foglietta Leach Porter Thurman Committee on Commerce, for consider- Baldacci Coburn Foley Levin Portman Tiahrt ation of sections 344, 601, 654, 735, 1021, Ballenger Collins Forbes Lewis (CA) Poshard Tierney Barcia Combest Ford Lewis (GA) Price (NC) Towns 3143, 3144, 3201, 3202, 3402, and 3404 of the Barr Condit Fowler Lewis (KY) Pryce (OH) Traficant House bill, and sections 338, 601, 663, Barrett (NE) Conyers Fox Linder Quinn Turner 706, 1064, 2823, 3136, 3140, 3151, 3160, 3201, Barrett (WI) Cook Frank (MA) Livingston Radanovich Upton Bartlett Cooksey Franks (NJ) LoBiondo Rahall Velazquez and 3402 of the Senate amendment, and Barton Costello Frelinghuysen Lofgren Ramstad Vento modifications committed to con- Bass Cox Frost Lowey Rangel Visclosky ference: Bateman Coyne Furse Lucas Redmond Walsh Messrs. BLILEY, DAN SCHAEFER of Becerra Cramer Gallegly Luther Regula Wamp Bentsen Crane Ganske Maloney (CT) Reyes Waters Colorado, and DINGELL. Bereuter Crapo Gejdenson Maloney (NY) Riggs Watt (NC) Provided that Mr. OXLEY is appointed Berman Cubin Gekas Manton Riley Watts (OK) in lieu of Mr. DAN SCHAEFER of Colo- Berry Cummings Gephardt Manzullo Rivers Waxman Bilbray Cunningham Gibbons Markey Rodriguez Weldon (FL) rado for consideration of sections 344 Bilirakis Danner Gilchrest Mascara Roemer Weldon (PA) and 1021 of the House bill and section Bishop Davis (FL) Gillmor Matsui Rogers Weller 2823 of the Senate amendment. Blagojevich Davis (IL) Gilman McCarthy (MO) Rohrabacher Wexler Provided that Mr. BILIRAKIS is ap- Bliley Deal Goode McCarthy (NY) Rothman Weygand Blunt DeFazio Goodlatte McCollum Roukema White pointed in lieu of Mr. DAN SCHAEFER of Boehlert DeGette Goodling McCrery Roybal-Allard Whitfield Colorado for consideration of sections Boehner Delahunt Gordon McDade Royce Wicker 601, 654, and 735 of the House bill, and Bonilla DeLauro Goss McDermott Rush Wise Bonior DeLay Graham McGovern Ryun Wolf sections 338, 601, 663, and 706 of the Sen- Bono Dellums Granger McHale Sabo Woolsey ate amendment. Borski Deutsch Green McHugh Salmon Wynn Provided that Mr. TAUZIN is ap- Boswell Diaz-Balart Greenwood McInnis Sanchez Yates pointed in lieu of Mr. DAN SCHAEFER of Boucher Dickey Gutierrez McIntosh Sanders Young (FL) Boyd Dicks Gutknecht McIntyre Sandlin Colorado for consideration of section Brady Dingell Hall (OH) 1064 of the Senate amendment. Brown (CA) Dixon Hall (TX) NOT VOTING—20 Brown (FL) Dooley Hamilton As additional conferees from the Baker Martinez Schiff Brown (OH) Doolittle Hansen Committee on Education and the Blumenauer Meek Snowbarger Bryant Doyle Harman Buyer Miller (CA) Stark Workforce, for consideration of sec- Bunning Dreier Hastert Davis (VA) Molinari Torres tions 374, 658, and 3143 of the House bill, Burr Duncan Hastings (FL) Doggett Pelosi Watkins Burton Dunn Hastings (WA) and section 664 of the Senate amend- Gonzalez Rogan Young (AK) Callahan Edwards Hayworth Lipinski Ros-Lehtinen ment, and modifications committed to Calvert Ehlers Hefley conference: Camp Ehrlich Hefner Mr. GOODLING, Mr. FAWELL, and Ms. Campbell Emerson Herger b 1312 Canady Engel Hill SANCHEZ. Cannon English Hilleary Mr. HEFLEY changed his vote from Provided that Mr. RIGGS is appointed Capps Ensign Hilliard ‘‘nay’’ to ‘‘yea.’’ in lieu of Mr. FAWELL for consideration Cardin Eshoo Hinchey Carson Etheridge Hinojosa So the motion to instruct was agreed of section 658 of the House bill and sec- Castle Evans Hobson to. tion 664 of the Senate amendment. H5804 CONGRESSIONAL RECORD — HOUSE July 25, 1997 As additional conferees from the 759 of the House bill, and sections 220, Gekas Lowey Rothman Committee on Government Reform and 542, 751, 752, 758, 1069, 1074, and 1076 of Gephardt Lucas Roukema Gibbons Luther Roybal-Allard Oversight, for consideration of sections the Senate amendment, and modifica- Gilchrest Maloney (CT) Royce 322 and 3527 of the House bill, and sec- tions committed to conference: Gillmor Maloney (NY) Rush tions 1068, 1107, 2811, and 3527 of the Messrs. SMITH of New Jersey, BILI- Gilman Manton Ryun Sabo Senate amendment, and modifications RAKIS, and KENNEDY of Massachusetts. Goode Manzullo Goodlatte Markey Salmon committed to conference: There was no objection. Goodling Mascara Sanchez Messrs. BURTON of Indiana, HORN, and Goss Matsui Sanders f Sandlin WAXMAN. Graham McCarthy (MO) Sanford Granger McCarthy (NY) As additional conferees from the Sawyer MOTION TO CLOSE CONFERENCE Green McCollum Committee on House Oversight, for Saxton COMMITTEE MEETINGS ON H.R. Greenwood McCrery consideration of section 543 of the Sen- Scarborough 1119, NATIONAL DEFENSE AU- Gutierrez McDade Schaefer, Dan ate amendment, and modifications Gutknecht McDermott THORIZATION ACT FOR FISCAL Schaffer, Bob committed to conference: Hall (OH) McGovern YEAR 1998, WHEN CLASSIFIED Schumer Messrs. THOMAS, NEY, and GEJDEN- Hall (TX) McHale Scott NATIONAL SECURITY INFORMA- Hamilton McHugh SON. Sensenbrenner TION IS UNDER CONSIDERATION Hansen McInnis Serrano As additional conferees from the Harman McIntosh Sessions Committee on International Relations, Mr. SPENCE. Mr. Speaker, pursuant Hastert McIntyre Shadegg for consideration of sections 1101–1111, to rule XXVIII, clause 6(a), I move that Hastings (FL) McKeon Shaw 1202, 1204, 1205, 1207, 1210, and 1231–1234 the conference committee meetings on Hastings (WA) McKinney Shays Hayworth McNulty Sherman of the House bill, and sections 1009, the bill (H.R. 1119) to authorize appro- Hefley Meehan Shimkus 1013, 1021, 1022, 1056, 1057, 1082, and 1085 priations for fiscal years 1998 and 1999 Hefner Menendez Shuster of the Senate amendment, and modi- for military activities of the Depart- Hill Metcalf Sisisky Skaggs fications committed to conference: ment of Defense, to prescribe military Hilleary Mica Hilliard Millender- Skeen Messrs. GILMAN, BEREUTER, and HAM- personnel strengths for fiscal years 1998 Hinchey McDonald Skelton ILTON. and 1999, and for other purposes, be Hinojosa Miller (FL) Slaughter As additional conferees from the closed to the public at such times as Hobson Minge Smith (MI) Smith (NJ) Committee on the Judiciary, for con- classified national security informa- Hoekstra Mink Holden Moakley Smith (OR) Smith (TX) sideration of sections 374, 1057, 3521, tion is under consideration, provided, Hooley Mollohan Smith, Adam 3522, and 3541 of the House bill and sec- however, that any sitting Member of Horn Moran (KS) Smith, Linda Hostettler Moran (VA) tions 831, 1073, 1075, 1106, and 1201–1216 Congress shall have the right to attend Snyder Houghton Morella of the Senate amendment, and modi- any closed or open meeting. Solomon Hoyer Murtha Souder fications committed to conference: The SPEAKER pro tempore. The Hulshof Myrick Messrs. HYDE, SMITH of Texas, and question is on the motion offered by Spence Hunter Nadler Spratt CONYERS. the gentleman from South Carolina Hutchinson Neal Stabenow As additional conferees from the [Mr. SPENCE]. Hyde Nethercutt Stearns Committee on Resources, for consider- Pursuant to clause 6(a) of rule Inglis Ney Stenholm Istook Northup Stokes ation of sections 214, 601, 653, 1021, 2835, XXVIII, the yeas and nays are ordered. Jackson (IL) Norwood Strickland 2901–2914 and 3404 of the House bill, and The vote was taken by electronic de- Jackson-Lee Nussle Stump sections 234, 381–392, 601, 706, 2819, and vice, and there were— yeas 409, nays 1, (TX) Oberstar Stupak 3158 of the Senate amendment, and not voting 24, as follows: Jefferson Obey Sununu Jenkins Olver Talent modifications committed to con- [Roll No. 331] John Ortiz Tanner ference: YEAS—409 Johnson (CT) Owens Tauscher Messrs. YOUNG of Alaska, TAUZIN, and Johnson (WI) Oxley Tauzin Abercrombie Burr Deutsch Johnson, E. B. Packard Taylor (MS) MILLER of California. Ackerman Callahan Diaz-Balart Johnson, Sam Pallone Taylor (NC) Provided that Mr. HEFLEY is ap- Aderholt Calvert Dickey Jones Pappas Thomas pointed in lieu of Mr. SAXTON for con- Allen Camp Dicks Kanjorski Parker Thompson sideration of section 3404 of the House Andrews Campbell Dingell Kaptur Pascrell Thornberry Archer Canady Dixon Kasich Pastor Thune bill. Armey Cannon Doggett Kelly Paul Thurman Bachus Capps Dooley Provided that Mr. DELAHUNT is ap- Kennedy (MA) Paxon Tiahrt Baesler Cardin Doolittle pointed in lieu of Mr. MILLER of Cali- Kennedy (RI) Payne Tierney Baldacci Carson Doyle Kennelly Pease Torres fornia for consideration of sections Ballenger Castle Dreier Kildee Peterson (MN) Towns 2901–2914 of the House bill, and sections Barcia Chabot Duncan Traficant Barr Chambliss Dunn Kilpatrick Peterson (PA) 381–392 of the Senate amendment. Kim Petri Turner Barrett (NE) Christensen Edwards Upton As additional conferees from the Barrett (WI) Clay Ehlers Kind (WI) Pickering King (NY) Pickett Velazquez Committee on Science, for consider- Bartlett Clayton Ehrlich Vento ation of sections 214 and 3148 of the Barton Clement Emerson Kingston Pitts Kleczka Pombo Visclosky Bass Clyburn Engel Walsh House bill, and sections 234 and 1064 of Klink Pomeroy Bateman Coble English Wamp the Senate amendment, and modifica- Klug Porter Becerra Coburn Ensign Waters Knollenberg Portman tions committed to conference: Bentsen Collins Eshoo Watt (NC) Kolbe Poshard Messrs. SENSENBRENNER, CALVERT, Bereuter Combest Etheridge Watts (OK) Berman Condit Evans Kucinich Price (NC) and BROWN of California. Waxman Berry Conyers Everett LaFalce Pryce (OH) Weldon (FL) Provided that Mr. ROHRABACHER is Bilbray Cook Ewing LaHood Quinn Weldon (PA) appointed in lieu of Mr. CALVERT for Bilirakis Cooksey Farr Lampson Radanovich Weller consideration of section 1064 of the Bishop Costello Fattah Lantos Rahall Wexler Senate amendment. Blagojevich Cox Fawell Largent Ramstad Weygand Bliley Coyne Fazio Latham Rangel White As additional conferees from the Blunt Cramer Filner LaTourette Redmond Whitfield Committee on Transportation and In- Boehlert Crane Flake Lazio Regula Wicker frastructure, for consideration of sec- Bonilla Crapo Foglietta Leach Reyes Wise Bonior Cummings Foley tions 345, 563, 601, 1021, 2861, and 3606 of Levin Riggs Wolf Bono Cunningham Forbes Lewis (CA) Riley Woolsey the House bill, and section 601 of the Borski Danner Ford Lewis (GA) Rivers Wynn Senate amendment, and modifications Boswell Davis (FL) Fowler Lewis (KY) Rodriguez Yates committed to conference: Boucher Davis (IL) Fox Linder Roemer Young (FL) Boyd Davis (VA) Frank (MA) Livingston Rogan Messrs. SHUSTER, GILCHREST, and Brady Deal Franks (NJ) LoBiondo Rogers BORSKI. Brown (CA) DeGette Frelinghuysen Lofgren Rohrabacher As additional conferees from the Brown (FL) Delahunt Frost Brown (OH) DeLauro Furse NAYS—1 Committee on Veterans’ Affairs, for Bryant DeLay Ganske consideration of sections 751, 752 and Bunning Dellums Gejdenson DeFazio July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5805 NOT VOTING—24 sider the following bills all of which consultation with the White House Baker Gonzalez Neumann will be subject to rules: that I think is progressing with general Blumenauer Gordon Pelosi The Department of Defense Appro- enthusiasm on the part of all parties. Boehner Herger Ros-Lehtinen priations Act for Fiscal Year 1998; And so we have, I think, good reason to Burton Lipinski Schiff Buyer Martinez Snowbarger The Labor, Health and Human Serv- expect that we could complete that Chenoweth Meek Stark ices Appropriation Act for Fiscal Year work and have it acted on by the House Cubin Miller (CA) Watkins 1998; before we leave on Friday next. Gallegly Molinari Young (AK) H.R. 2159, the Foreign Operations Ap- Mr. BONIOR. I would also just thank b 1335 propriations Act for Fiscal Year 1998; the gentleman for accommodating the Commerce, Justice, State Appropria- bipartisan events that are scheduled So the motion was agreed to. tions Act for Fiscal Year 1998; next week, the baseball game; as well, The result of the vote was announced H.R. 2015, the Balanced Budget Act of I think, the gym dinner is on Wednes- as above recorded. 1997 Conference Report; and day, and that does not pose too much A motion to reconsider was laid on H.R. 2014, the Taxpayer Relief Act of of a problem to work through; but the the table. 1997 Conference Report. baseball game is one that traditionally f Mr. Speaker, meeting times for next we have been able to work together on, week are as follows: and I thank the gentleman for his con- LEGISLATIVE PROGRAM On Tuesday, July 29, the House will cerns there. (Mr. BONIOR asked and was given meet at 9 a.m. for morning hour and 10 And one final question. Well, actu- permission to address the House for 1 a.m. for legislative business. ally two. How late on Monday night? minute.) On Wednesday, July 30, and Thurs- And the second question is, do we ex- Mr. BONIOR. Mr. Speaker, I rise to day, July 31, the House will meet at 10 pect a motion to go to conference on inquire of the distinguished majority a.m; and at 9 a.m. on Friday, August 1. the State Department authorization leader, the gentleman from Texas [Mr. As Members may know, the annual bill next week; and what day if we do? ARMEY], of the schedule for the remain- bipartisan congressional baseball game Mr. ARMEY. Mr. Speaker, I thank der of the week and next week. will be held Tuesday night. I know that the gentleman again for the inquiry, Mr. ARMEY. Mr. Speaker, will the our stellar athletes, it says here, Mr. and if the gentleman would yield, we would hope to be able to go to con- gentleman yield? Speaker, stellar athletes, on this side ference on State Department Monday Mr. BONIOR. I yield to the gen- of the aisle have been rising early in evening, and we would expect that tleman from Texas. the morning to practice. We very much probably, depending on how our work Mr. ARMEY. Mr. Speaker, I am look forward to a victory on the dia- pleased to announce that we have had goes, we would complete work between mond next week, and we will end vot- 9 and 10 o’clock in the evening. our last vote for the week. The House ing early Tuesday evening in order to Mr. BONIOR. Mr. Speaker, I thank will next meet on Monday July 28 at ensure adequate batting practice. How- my colleague, and I wish him a good 12:30 p.m. for morning hour and 2 p.m. ever, as the August district work pe- weekend. for legislative business. Members riod approaches, we are faced with the Mr. Speaker, I yield to my friend, the should note that there will be no re- usual legislative crush. As this is the gentleman from Florida [Mr. HAST- corded votes before 5 p.m. next Monday case, it is difficult to predict with any INGS]. evening. certainty the get-away time for next Mr. HASTINGS of Florida. Mr. On Monday the House will consider Friday, August 1. Members should be Speaker, I thank the gentleman for the following 11 suspensions: prepared for votes throughout all of yielding. May I please respectfully re- H.R. 1855, establishing a moratorium that day, and I thank the gentleman quest of the distinguished majority on large fishing vessels in Atlantic her- for yielding me this time. leader that he consider, although I ring and mackerel fisheries; Mr. BONIOR. Mr. Speaker, I would know he cannot answer me now, that Sense of Congress regarding acts of say to my friend from Texas, ‘‘If you on Tuesday next it is anticipated that illegal aggression by Canadian fisher- want to ensure adequate batting prac- Justice Brennan’s funeral will be held men with respect to Pacific Salmon tice, you’re going to have to get us out and several, indeed a considerable Fishery; of here a lot earlier than early Tuesday number of our colleagues, are desirous House Concurrent Resolution 98, Au- evening.’’ of attending that funeral; and if it will thorizing the Use of the Capitol for the I would ask my friend from Texas, be possible to roll votes in the event Safe Kids Buckle Up Car Seat Safety ‘‘Do you expect the House to complete votes are being had, I would ask the Check; its business by next Friday, and my majority leader to please consider that. H.R. 2005, Death on the High Seas sense is that you do from the schedule, Mr. ARMEY. Mr. Speaker, if the gen- Act; and to begin the August recess as tleman from Michigan will continue to H.R. 1596, Bankruptcy Judgeship Act scheduled after Friday?’’ yield, let me just say to the gentleman of 1997; Mr. ARMEY. If the gentleman will from Florida, perhaps after this col- H.R. 1953, To clarify State Authority continue to yield, it is our expectation, loquy we could talk a little bit about to Tax Compensation Paid to Certain as he knows, and as a longstanding tra- times and hours and see to what extent Employees; dition in the House that when we have that is something we can accommo- House Concurrent Resolution 75, important business, as it were, on the date, too, in the way we manage the Sense of Congress that States Should eve of the commencement of an ex- floor on that day. Mr. BONIOR. It is my understanding Work More Aggressively to Attack the tended recess period, that it is very dif- the funeral will be held in Washington, Problem of Repeat Criminals; ficult to predict the get-away time. DC, so hopefully we can work some- H.R. 103, the Private Security Officer But I would predict that some time thing out. Quality Assurance Act of 1997; Friday next we will complete that Mr. ARMEY. Mr. Speaker, I would be H.R. 1109, Regarding Citizenship for work that requires completion prior to happy to work with the gentleman and Children of U.S. Citizens Born Abroad; that extended district work recess pe- I appreciate the gentleman calling it to H.R. 1348, Expanded War Crimes Act riod. my attention. of 1997; and Mr. BONIOR. And I also noticed in f We expect to concur to the Senate the gentleman’s statement that he ex- amendment to H.R. 1866, the Charitable pects we will finish our conference re- AUTHORIZING USE OF CATA- Donation Antitrust Immunity Act. ports both on the spending and tax rec- FALQUE IN U.S. CAPITOL IN CON- The House will then resume consider- onciliation bills; is that correct? Does NECTION WITH MEMORIAL SERV- ation of H.R. 2209, the Legislative the gentleman expect we will finish ICES FOR THE LATE HONORABLE Branch Appropriations Act for Fiscal those conference reports next week? WILLIAM J. BRENNAN Year 1998, under a modified closed rule. Mr. ARMEY. Again, if the gentleman Mr. THOMAS. Mr. Speaker, I ask On Tuesday, July 29 and the remain- would yield, that is our expectation. unanimous consent that the Commit- der of the week, the House will con- Conferees are meeting now. There is tee on House Oversight be discharged H5806 CONGRESSIONAL RECORD — HOUSE July 25, 1997 from further consideration of the con- lution and to participate in the special The SPEAKER pro tempore. Is there current resolution (H. Con. Res 123) order, and as many as possible to at- objection to the request of the gen- providing for the use of the catafalque tend the funeral. tleman from Arkansas? situated in the crypt beneath the ro- Mr. THOMAS. If the gentleman will There was no objection. tunda of the Capitol in connection with continue to yield, Mr. Speaker, the f memorial services to be conducted in gentleman has eloquently indicated SPECIAL ORDERS the Supreme Court Building for the the reason why with pleasure, although late honorable William J. Brennan, with sadness, we will allow the Su- The SPEAKER pro tempore. Under former Associate Justice of the Su- preme Court to utilize the Lincoln cat- the Speaker’s announced policy of Jan- preme Court of the United States, and afalque. uary 7, 1997, and under a previous order ask unanimous consent for its imme- Mr. HASTINGS of Florida. I thank of the House, the following Members diate consideration. the gentleman. will be recognized for 5 minutes each. The Clerk read the title of the con- Mr. Speaker, I withdraw my reserva- f current resolution. tion of objection. HONORING THE LIFE OF TOM b 1345 The SPEAKER pro tempore. Is there ROGERS objection to the request of the gen- The SPEAKER pro tempore [Mr. The SPEAKER pro tempore. Under a tleman from California? previous order of the House, the gen- LATOURETTE]. Is there objection to the There was no objection. request of the gentleman from Califor- tleman from Arkansas [Mr. DICKEY] is The Clerk read the concurrent reso- recognized for 5 minutes. nia? lution, as follows: Mr. HASTINGS of Florida. Mr. Mr. DICKEY. Mr. Speaker, today I H. CON. RES. 123 Speaker, reserving the right to object, would like to honor the life of Tom though obviously I will not object, I Resolved by the House of Representatives (the Rogers. He passed away on August 24, Senate concurring), That the Architect of the yield to the gentleman from California 1994, in his hometown of Moline, IL, at Capitol is authorized and directed to transfer the age of 60. He was the son of Howard [Mr. THOMAS] to explain his request. to the custody of the Chief Justice of the Mr. THOMAS. Mr. Speaker, I thank and Helen Rogers and was survived by United States the catafalque which is pres- his wife Kera, who he married on July the gentleman for yielding to me. ently situated in the crypt beneath the ro- Mr. Speaker, apropos the gentle- tunda of the Capitol so that such catafalque 12, 1992, and his brother, John Rogers. This was all said in his obituary, but man’s earlier comments to the major- may be used in the Supreme Court Building more needs to be said about his life and ity leader, it is unfortunate that Asso- in connection with services to be conducted more needs to be said by three of us in ciate Justice Brennan has passed on. there for the late honorable William J. Bren- nan, former Associate Justice of the Su- this body who will stand on the floor of The administrative assistant to the preme Court of the United States. the House of Representatives today to Chief Justice has asked the Architect The concurrent resolution was agreed say good things about Tom Rogers. of the Capitol, as they did with former to. Why? Because he was a special, special Chief Justice Warren Burger, if they A motion to reconsider was laid on person who touched the lives of so might use the catafalque in the base- the table. many people and of us, and countless ment for memorial services over at the f others. He even touched our lives as we Supreme Court building. watched him touching the lives of oth- It is entirely appropriate, given the PERMISSION FOR COMMITTEE ON INTERNATIONAL RELATIONS TO ers. former career of the gentleman from He was not an elected official. He FILE REPORT ON H.R. 695, AF- Florida, because he fully appreciates never ran for office. He never accom- FIRMING RIGHTS OF U.S. PER- the focus of the Lincoln catafalque for plished what we would call great SONS TO USE AND SELL an Associate Justice of the U.S. Su- things. He was not wealthy or rich, but ENCRYPTION AND TO RELAX EX- preme Court, and especially a Justice he lived a life that was an example to PORT CONTROLS ON like William J. Brennan, appointed by all who knew him and knew people who ENCRYPTION a Republican President, with a very knew him. distinguished career in first amend- Mr. DICKEY. Mr. Speaker, I ask In September, 1953, at the age of 19 ment freedom protection. unanimous consent that the Commit- Tom Rogers contracted polio. He was Mr. HASTINGS of Florida. Reclaim- tee on International Relations may paralyzed from the neck down and had ing my time, Mr. Speaker, I fully con- have until midnight tonight to file a serious respiratory problems. I knew cur with the gentleman’s resolution report on H.R. 695. Tom and our families were close. He and am entirely in support of same, re- The SPEAKER pro tempore. Is there was a 6 foot 2 strapping guy who had minding all of us that the Lincoln cat- objection to the request of the gen- boundless energy, and had just finished afalque is reserved for giants in our tleman from Arkansas? his first year at Cornell University. history, as it was for former Chief Jus- There was no objection. Since I was 6 years his junior, he was tice Warren Burger, retired, on June 28, f one of my heroes. But I did not know at 1995. that time what I would learn later, ADJOURNMENT TO MONDAY, JULY We anticipate that Justice Brennan how brave he was, how determined, and 28, 1997 will lie in repose at the family’s re- what a great character this man would quest possibly for 24 hours, beginning Mr. DICKEY. Mr. Speaker, I ask display in the next 41 years. on Monday, July 28, 1997. As we have unanimous consent that when the He set goals; he organized his life; he indicated, the majority leader, working House adjourns today, it adjourn to prepared for a new career. He adapted with the minority leader, we are hope- meet at 12:30 p.m. on Monday, July 28, his life’s philosophy. He signed on as a ful that they will make arrangements 1997, for morning hour debates. believer in God’s son, Jesus Christ, and for those of us desirous of attending The SPEAKER pro tempore. Is there generally got on with his life, however the funeral. objection to the request of the gen- bleak it looked back in the 1950’s. One final thing is to join my col- tleman from Arkansas? In the process he never was tempted league in saying that our Nation has There was no objection. to feel sorry for himself, and he could lost a great leader, one who wrote over f have in the following ways: Just within 1,200 opinions and shaped a large por- the next year after his contracting tion of the history of this country in DISPENSING WITH CALENDAR polio, the Salk vaccine was developed, the 1960’s, particularly the one-person, WEDNESDAY BUSINESS ON but he never dwelt on ‘‘what if’’. He one-vote decision of Justice Brennan. WEDNESDAY NEXT never complained that he could not On Monday night the Congressional Mr. DICKEY. Mr. Speaker, I ask walk, or talk without great effort, or Black Caucus and other interested unanimous consent that the business function without mechanical aids or Members are going to hold a special in order under the Calendar Wednesday nurses. order, and I would ask all our col- rule be dispensed with on Wednesday He never talked about his condition, leagues to support the concurrent reso- next. his disability, or his frustration. I July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5807 know. I tried several times to get him tics he taped a dime to a sheet of paper Such pleasure in preparing this little talk; it to talk about those things, but he and sent it to me as my first campaign has done me good just to reflect on his life. would not. The comments we made contribution. He was always giving me The summers will never be the same for me about his disability were deflected ever advice, and reminding me that he had and my family, for we will no longer see Tom so graciously. also elected to the House his close boy- on earth, but soon I will see him in Heaven, He was cheerful and inquisitive. As hood friend, Tom Railsback. and he'll look like that strapping 19-year-old he continually deflected attention He was a bumper sticker lover, on his that I remember and he will probably say to away from his condition, he constantly wheelchair, no less, first with mine, me, ``DickeyÐthat's the way they talk to peo- talked to others about what was impor- but after my election he put Represent- ple in the NorthÐcome on we got things to tant to them. Only one other person, in ative RICHARD BURR’s bumper sticker get done, don't think for a minute we sit still my opinion, was as good as Tom was in on top of mine, never getting my per- up here.'' this regard, and his name was Sam mission, of course. RICHARD was then To join me in their remarks are Tom's good Walton, a great man, also. elected, so Tom could say he elected friend Representative JIM LEACH of Iowa and Tom’s mind was both like a sponge two of his friends to the House. Representative RICHARD BURR of North Caro- and a steel trap. He was a person of He could also lay claim to electing lina. good humor. As a young boy he came the Honorable JIM LEACH of Iowa to the The SPEAKER pro tempore. The running into the house one day after House. He spoke of JIM in the most re- time of the gentleman from Arkansas having heard an orchestra and said to spectful terms, and in some of the pa- [Mr. DICKEY] has expired. his mother, ‘‘Mom, I just heard a pa- pers they found after his death this Mr. DICKEY. I ask unanimous con- rade sitting down.’’ sentence was set out. ‘‘Had lunch with sent for additional time. Tom became a successful investment JIM LEACH, I am impressed. I will stuff The SPEAKER pro tempore. The banker, and in the context of the lan- ballot boxes for him whenever nec- Chair cannot entertain that request guage of his profession, he once said essary.’’ They say that only happens in during the 5-minute period, so the gen- that in the marriage corporation that the South. tleman’s time has expired. he bought into with his lovely wife, Talking to Tom about his relation- f ship with God was a little like talking Kera, that his 50 percent shares were ORDER OF BUSINESS all issued non-voting. In discussing his to him about his polio. Not much did Mr. BONIOR. Mr. Speaker, if the investment in the racehorse business, he say, but he lived a great deal of it. three gentlemen present are going to he stated once that what he found out As already stated, He had a relationship speak about the same gentleman dur- early was that slow horses ate as much with God's son, Jesus Christ, and though he ing special orders, I do not have any as fast ones. would never say so about his own life, a cas- He was smart and he loved children. ual observer could readily see this in his ac- objection that they can finish their re- My four kids came into contact with tions. His life was led exactly as the Bible lays marks, and then we can come back. I Tom in the summer days when they it out. ask unanimous consent that they be al- Now why are the three of us standing up were little. A special time for them was lowed to proceed. here, taking floor time to speak of this man? The SPEAKER pro tempore. Without when Tom came over to eat. After din- Maybe it's because we need to let Tom's objection, the gentlemen speaking on ner he would line up pennies, nickels, life encourage more people, not only people the same subject may speak consecu- dimes, and quarters, as well as my who are disabled, but all people. If the United tively. kids. He would then ask them history StatesÐno, the worldÐcould be inhabited by There was no objection. question after history question, decid- people like Tom Rogers, we would have less f ing on the basis of difficulty as against problems, we would have a world full of peo- the age of the child what level the re- ple who would want to work hard to prepare TRIBUTE TO TOM ROGERS wards for a correct question might be. themselves, no matter what the obstacle, to Mr. BURR of North Carolina. Mr. His knowledge of history was complete be better each day. We would have more Speaker, I think what the gentleman and far-ranging, and my children would love, we would have more respect for good from Arkansas, Mr. DICKEY, was about be riveted on Tom and his command of manners, and just plain decency. We would to say, the reason that himself, the the facts of history. have more humor and laughterÐmuch needed gentleman from Iowa, Mr. JIM LEACH, Tom built a constituency, which is a qualities in a much too serious world. and myself, the gentleman from North good term for politicians to use, with There's no way a person could know Tom Carolina, Mr. RICHARD BURR, are here the people who helped him. He was Rogers and not love him and receive love is to talk about a dear friend, to talk completely paralyzed. Looking back, it from him. about somebody that touched the lives was never a factor to us, but he was Here's what he had to say about his life: of not only the three of us, but who completely paralyzed. He could not ``My life is close to perfection.'' ``I would not touched the lives of every person he move anything but his head, so he had have changed my life for anything.'' met. to depend on people. Reminiscent of Lou Gherig when he stood Mr. Speaker, I did not grow up with A good friend, after his death, started a list at Yankee Stadium, his body dying from dis- Tom Rogers and I was not a peer of of all the people who pushed Tom's wheel- ease and said, ``I consider myself the luckiest Tom Rogers. I was a friend of Tom chair, drove his van, typed for him, cooked for guy on the face of the earth!'' Rogers. Tom Rogers never met a per- him, bathed him, combed his hair, placed calls On August 24, 1994, my son Ted and I left son, though, that was not a friend. Tom for him, and other things. Seventy-five names a contested campaign to go to Tom's funeral, was a unique individual. Tom had a went on the first list, each of those people all having been to that same church two year's love for life, but he also became friends becoming his friend and admirer. He always earlier, also in the midst of a campaign for his with every individual he met. Tom left people better off than they were beforeÐ wedding. We went to share the joy the first loved children. He was fascinated by it was an incredible skill and gift. time and to show respect the second time. children and the time they would spend One of his favorites of the pushers, as The people at his funeral were wonderful with him as an individual confined to a we called them, was Jim Rosborough, folksÐlaughing, telling stories about Tom and wheelchair, but that was what was so who is now an assistant basketball sharing the grief. What a tributeÐbut what great about Tom Rogers. coach in the fabulously successful Uni- was really significant was that inside the b versity of Arizona basketball program. church right up front an orchestra was play- 1400 He loved to see Jim on television, and ingÐa parade sitting downÐonly fitting. Tom never saw himself confined to a Tom talked about him constantly. A lot of the same people of Moline will gath- wheelchair. He saw himself as an inte- Jim’s letter to me and to others after er in their city tomorrow to have a gral part of everybody’s life, an inte- the funeral showed what Jim thought groundbreaking for the Thomas W. Rogers gral part of his community, a family of Tom and how close and sincere that Visitor's Center on Sylvan Island, an island in member, somebody who looked at what relationship was. the waters of the Mississippi. We hope today God had bestowed him with as only an- His politics: He seemed to be a Re- to add a little to their tribute and maybe bring other challenge in life and not as a hur- publican, but he was not a fanatic. On a little to the expression of love for Tom that dle in life, and Tom was there to over- a letter 10 years before I entered poli- is wrapped up in this event. come that hurdle. H5808 CONGRESSIONAL RECORD — HOUSE July 25, 1997

You see, he was a historian. He was DICKEY], for their wonderful accolades human being. Amelia Earhart once not only a successful broker. Tom was and the minority leader for agreeing to wrote, courage is the price that life one that loved to read. I can imagine let the three of us without request exacts for granting peace. The soul every night what Tom must have gone speak in order. that knows it not, knows no release through just to be moved from a wheel- Mr. Speaker, if ever an individual from little things. chair to a bed. What would be so tiring personified the ideal that the human The little things we take for granted, for most of us was an everyday occur- condition can overcome any handicap, even being able to breathe unaided, rence for Tom Rogers. Just the thought it was Tom Rogers. Tom was were very big things to Tom Rogers. that with his mouth and with a wand everybody’s all-American boy. An ac- But no one handled the big or small he could operate a computer and run tive athlete and budding scholar, Tom challenges of life with greater joy. I re- the finances of many people in the left Moline in 1952 to attend Cornell cently spoke with a former colleague community and across this country University. At the end of his freshman and one of Tom’s boyhood chums, Tom who he represented is just an amazing year at the age of 19, just before the Railsback, and his dear friend and dedi- feat in itself. widespread introduction of the Salk cated doctor, Lou Sears. Each could I remember the story that, when vaccine, he was struck so severely with only describe in awe the emancipating Tom first went to the hospital, after polio that he was paralyzed from the cheerfulness of an individual who ad- polio, went into the ward where the neck down. He came to be able to dressed each new day with such bound- iron lungs were and where many were breathe only through the laborious less optimism. stricken with polio, the first thing his technique of swallowing air. In a cir- I am convinced that God gave us Tom mother said was that she was not going cumstance which would have led most Rogers because he wanted to provide a to let Tom Rogers die. Tom was also of us to give up, to turn inward in bit- lesson in the preciousness of life and committed that he was not going to let terness, to be prone to shriveling up the need for perspective. There is no polio change his life significantly, that and spiritually dying, Tom took the single person whoever came into con- he would be successful, he would win in opposite course. He determined that tact with Tom who did not walk away the end. Tom was known for saying his even though he could not move a fin- murmuring, my troubles are vastly greatest success was helping others see ger, he would widen his horizons and smaller but I pray to God I can learn to how lucky we all are, not just him. become a functioning member of soci- handle them with one hundredth of the In this day and age all too often we ety. courage and good nature as this man hurry through life without stopping to Tom studied to become a stock ana- from Moline. realize the gifts that we have all been lyst and broker and soon had as dedi- Tom’s peace has finally been granted. given. Well, Tom Rogers knew the gift cated a following as anyone in his pro- His friends honor him this weekend he had been given and more. He knew fession in the country. Using methods with a groundbreaking of a nature cen- how to use these gifts to enjoy his life and machines he designed, he came to ter to be built in his honor on a beau- and to help others see their impor- be able to read stacks of material and tiful island in the Mississippi. No tance. Though obstacles were in his spreadsheets placed on a bookstand or friend could be more missed than Tom way, Tom gained more knowledge and reflected in magnification off the ceil- Rogers. He remains an inspiration to love of life than most of us dream ing. us all. about. Tom’s two principal avocations were f Tom was successful in many ways. bridge and travel. One of the most com- JUSTICE BRENNAN But he overcame every adversity, ev- petitive bridge players I have ever erything thrown at him, to truly teach known, he would call on his unsorted The SPEAKER pro tempore (Mr. so many so much. cards to be played from a specially BURR). Under a previous order of the Tom Rogers had the ability to take a made wooden tray placed on the table House, the gentleman from Michigan stranger and treat him like family. He in front of his wheelchair. My mother, [Mr. BONIOR] is recognized for 5 min- had the ability to take family and who was a life master many times over, utes. make them think that they were the used to tell me Tom was her favorite Mr. BONIOR. Mr. Speaker, I rise this most special thing in the world. Tom partner. Now and again during high afternoon to read an editorial that I Rogers gave us a vision to take risks school summers, I was privileged to be think aptly described the life of Jus- and to go out on a limb, encouraged us able to play against the two of them. tice William Brennan. It is entitled to test our outer limits. By following To watch Tom successfully defeat ‘‘Justice Brennan’s Vision’’: Tom’s way of life, we learned more three no trump doubled was to watch William J. Brennan, Jr., who died about ourselves and we gained more the joyful triumph of an engaged mind. yesterday at the age of 91 brought to than we ever thought possible. There Despite his physical paralysis, he could his long and productive career on the are few people who are able to accom- precipitate action and when he won a U.S. Supreme Court a tenacious com- plish so much while still having an in- hand, his eyes would impishly twinkle, mitment to advancing individual tense love of life. I can truly say that causing his opponents to redouble their rights and the Constitution’s promise Thomas Wallace Rogers saw life in a effort yet never begrudge being of fairness and equality. He served for hopeful light with sincere friends and thumped by this remarkable soul. 34 years, a tenure that spanned eight true leaders. The one Christmas card friends in the Presidents. Mr. Speaker, it is an honor for me to Quad cities waited for every year would Named to the court in 1956 by Dwight be here as a tribute to Thomas Wallace be one Tom would send showing a car- Eisenhower, Justice Brennan saw the Will Rogers, a man that lived life to its toon of himself, his wheelchair and law not as an abstraction but as an im- fullest with every obstacle in his way generally a reindeer or two boating the mensely powerful weapon to improve and shared so much with so many Mississippi, playing bridge, or standing society and enlarge justice. As such, he across this country. against a vista or symbol of whatever was a crucial voice on the Warren f State or city he had visited that year. Court of the 1960’s, a body that boldly One of my favorite memories was the expanded the role of the Federal courts IN HONOR OF TOM ROGERS OF trip Tom made to Washington in the and the Constitution itself to protect MOLINE, IL van he had converted to indulge his individual liberties. The SPEAKER pro tempore (Mr. love of travel. Yet even when the Court shifted in a HASTINGS of Washington). Under a pre- I toured the Capitol with him and more conservative direction under vious order of the House, the gen- then we had lunch together in the Chief Justices Warren Burger and, tleman from Iowa [Mr. LEACH] is recog- Members dining room. Everyone who later, William Rehnquist, Justice Bren- nized for 5 minutes. encountered Tom soon forgot the chair nan was not content to play a marginal Mr. LEACH. Mr. Speaker, I want to and brace, the interruptions in this role as an eloquent dissenter. Armed thank my good friends, the gentleman conversation as he gulped to breathe, with a keen intellect, a forceful person- from North Carolina [Mr. BURR] and and saw and heard only the image and ality, and a gift for building coalitions, the gentleman from Arkansas [Mr. voice of a vibrant and captivating he had surprising success in mustering July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5809 narrow majorities to keep alive the Earlier this year, in fact last year, in vulnerability, as suggested in the legis- legacy of the Warren Court and its core 1996, I first introduced legislation that lation I have introduced, H.R. 98, of in- notion that the Constitution was a liv- would require an affirmative action by dividual Internet users to have the ing document that could and should be the individual Internet user, the sub- abuse, the involuntary sharing, even interpreted aggressively. scriber, to permit the use of personal being unaware sharing of their per- There is no individual in this coun- information; that is to say, the tele- sonal information. try, on or off the Court, who has had a phone numbers, the e-mail address, and It is really unbelievable, as I said more profound and sustained impact the profile that is possible. A service yesterday, that America Online would upon public policy in the United States provider or for that matter a web site be cashing in for profit by selling the for the past 27 years, said an article in can in fact, through the information personal privacy of their users. The the conservative journal National Re- and activities that an individual uses fact is that we need to correct this view in 1984, and it is hard to disagree on the Internet, can in fact make al- problem. We need to have some stand- with that assessment. Justice Brennan most a complete profile of all the web ards. was the author of 1,350 opinions, many sites that you visit and utilize. I think most of us are very leery of of them landmark rulings that altered They can do this, quite frankly, with- any type of censorship with regards to the political and social landscape. out the knowledge of an Internet user; information. We do not want to thwart He left his mark on a wide range of that is, a subscriber or web site can in the development and limit the develop- issues. Baker versus Carr, in 1962, as- fact do that. It is as if you are walking ment or the availability of informa- serted the one-person-one-vote doc- down the street with $100 bills sticking tion, or the development for that mat- trine that transformed democracy and, out of your pocket and you are not ter and use of the Internet, but the risk through reapportionment, the composi- aware of it. That is to say, we as indi- we run here is that the Internet is tion of the Nation’s legislatures. His vidual Internet users are very vulner- going to be filled or be a great waste- famous first amendment ruling in New able. land in the fact that it will not have York Times versus Sullivan in 1964 Of course, as I introduced that bill any type of security. reconfigured the law of libel to give last September and reintroduced it this There will not be the type of credibil- breathing space for free expression and past January, H.R. 98, I hope some ity and certainly not the responsibility the robust debate of public issues. In Members will join me in terms of re- on the part of the Internet user. We Goldberg versus Kelly, a 1970 ruling of quiring affirmative approval of a serv- will not know when we purchase some- thing whether we are participating in a which he was particularly proud, Jus- ice provider or a web site to use per- transaction, whether, in fact, a com- tice Brennan initiated what turned out sonal information about an individual munication or message, or just a com- to be a steady expansion of the 14th that is using the Internet. plete absence of security or personal amendment’s guarantee of due process b 1415 privacy. by ruling that a State could not termi- And this had been the subject this So I urge my colleagues to join in nate a welfare recipient’s benefits past June, and I might commend Com- sponsoring H.R. 98 after they have seen without a hearing. missioner Varney of the Federal Trade this graphic example of abuse by Amer- Over all, Justice Brennan’s greatness Commission for the work she had done ica Online with regards to personal pri- was rooted in his vision of the law as a at that time, she has since left the vacy. moral force and his understanding that FTC, but this June she had a seminar Mr. Speaker, I provide for the the genius of the Constitution would be and a series of meetings on, in fact, RECORD two articles covering the issue betrayed if the court insisted on the personal privacy on the Internet. I have just been discussing. narrow, static doctrine of original in- At that time some of the service pro- [From the Washington Post, July 24, 1997] tent, the notion that the Constitution viders, namely Netscape, the one that AOL WILL SHARE USERS’ NUMBERS FOR TELE- can best be interpreted through the we use, incidentally, in the House of MARKETING: CONSUMER GROUPS, PRIVACY eyes of the Framers. This unique fea- Representatives, and Microsoft pointed ADVOCATES CALL SUBSCRIBER NOTIFICATION ture of the Constitution, he argued in- out they were going to make efforts to INADEQUATE stead, was the adaptability of its great provide for personal privacy and some (By Rajiv Chandrasekaran) principles to cope with current prob- security. But 7 weeks after that, this America Online Inc. plans to disclose the lems and needs. week we picked up the paper, the telephone numbers of its 8.5 million subscrib- That vision and driving passion are Washington Post here yesterday in ers to certain business partners for tele- not thriving in today’s court. Like Jus- Washington, DC, and it says America marketing purposes, a decision that industry tice Brennan himself, they are sorely Online, one of the service subscribers, specialists say could generate a financial windfall for the online service but anger missed. will share the users’ numbers for tele- many of its customers. I had the occasion, Mr. Speaker, to marketing. AOL said it will make the subscriber infor- know Justice Brennan. He was a re- Eight and a half million individuals mation available to companies such as markable man. He will dearly be are customers of America Online, and consumer-services firm CUC International missed. He is one of the truly great they were going to share their personal Inc., which signed a $50 million marketing Justices and great people of our times telephone numbers, and I assume their arrangement with AOL last month. Such and we send our condolences and our E-mail addresses, for sale. They were agreements, which industry analysts say best to his family. going to receive money back for this could become more common because of the telephone list, are an increasingly important f information. They were going to re- source of revenue to AOL as it seeks to re- ceive $150 million back for sharing the USE OF THE INTERNET duce its dependence on monthly user fees. personal information, sharing the pri- The new policy is outlined in AOL’s revised The SPEAKER pro tempore. Under a vacy, selling for profit the personal pri- user rules, which were posted online earlier previous order of the House, the gen- vacy of the users to the tune of $150 this month and become effective on July 31. tleman from Minnesota [Mr. VENTO] is million. The policy allows users to request that their recognized for 5 minutes. Well, that is wrong. And the fact was phone numbers not be disclosed to tele- Mr. VENTO. Mr. Speaker, today I that after this became public, this has marketers. The company’s decision, however, has out- rise to speak with regard to the matter been out for some time that they were raged consumer advocates, who say AOL of personal privacy and the absolute going to do this but they did not share members have not been adequately informed vulnerability and risks and abuses that it, it was like looking for a needle in a of the new policy, which as of yesterday are taking place with regard to per- haystack trying to discover what evening had not been mentioned on any of sonal privacy. I specifically want to America Online was doing, but after the screens a user sees when logging on. reference the use of the Internet, the that, after this happened, America On- ‘‘Their disclosure is not good enough,’’ said Internet system, the online service pro- line, I am pleased to report, has backed Jean Ann Fox, the director of consumer pro- viders and web sites that exist on the tection at the Washington-based Consumer off their plan to give out phone num- Federation of America. ‘‘This sets a new low Internet. The Internet, of course, is ac- bers. in turning subscribers into a commodity.’’ cessible through our computers and the I think what this does point out in Although it is a fairly common practice for online services that we purchase. living color and in graphic detail is the companies to sell customer information— H5810 CONGRESSIONAL RECORD — HOUSE July 25, 1997 AOL has long offered the names and address- electronic mail, customers bemoaned the Those partners would have included Tel- es of its subscribers to direct-mail market- prospect of some of those same advertisers, Save Inc., a discount long-distance telephone ers—disclosing phone numbers is a rarer or different ones, ringing the phone at home. company that reached a $100 million market- practice, industry experts said. ‘‘It’s not at ‘‘That’s the most obnoxious form of solici- ing pact with America Online in February, all common in the online world,’’ said Pat- tation,’’ said Camilla M. Herlevich, an envi- and CUC International Inc., a telemarketing rick Keane, an analyst at market-research ronmental lawyer in Wilmington, N.C., an giant that made a $50 million deal with firm Jupiter Communications in New York. America Online subscriber. ‘‘They always America Online last month. AOL’s decision comes just as the company call at dinner time. We call it the arsenic America Online officials said yesterday largely has repaired customer relations hour.’’ that those pacts were broad based and would frayed by widespread busy signals that oc- But the controversy goes beyond telephone not be affected by scrapping the plan to curred on the network in the winter and numbers—and transcends America Online, share telephone lists. spring because the company failed to antici- for that matter. ‘‘We said, ‘It’s so insignificant, just drop pate the demand a flat-rate pricing plan For consumer-privacy advocates, the case it,’ ’’ said Robert W. Pittman, chief executive would generate. The new policy, some ana- illustrates the need for increased Govern- of America Online’s operating subsidiary. lysts said yesterday, risks re-opening old ment oversight of the buying and selling of ‘‘For it to get this blown out of proportion wounds. the copious consumer information gathered says we really screwed up the communica- ‘‘They’re walking a fine line with a cus- in the course of everyday commerce. Savvy tion. tomer base that already has been nettled,’’ companies already mine the trove of avail- ‘‘At the end of the day we didn’t want to Keane said. able credit card information to find buying soil our reputation or confuse our members.’’ AOL officials played down such concerns, patterns that might lead to one more sale. The members were certainly confused, or saying they believed most subscribers would But with the advent of cyberspace com- at least angry. Internet bulletin boards were welcome the solicitations. ‘‘We’re tele- merce, marketers are able to track their ablaze with irate missives about the com- marketing to our members goods and serv- quarry even more easily—tracking each pany, some of them profane. Many of the ices we see as benefits of their AOL member- click of the mouse, in some cases, as a user complaints stemmed from the fact that ship,’’ said spokeswoman Tricia Primrose. surfs the World Wide Web. So far, such ef- America Online had tucked its only notice of Primrose said AOL does not plan to pub- forts typically can identify no more than a the proposed policy shift in an obscure cor- licize the new policy before July 31, but will user’s computer, and not the identity of the ner of the service. The notice had been post- notify members before they begin to receive individual operating the PC. ed on July 1, but did not come to widespread calls. ‘‘We’re going to give them every oppor- Experts predict, however, that personal attention until Tuesday. tunity to get off this list,’’ she said. identification will eventually be possible, ‘‘Unless you stumbled across it you Privacy advocates contend, however, that making privacy difficult to protect—what- wouldn’t know unless you saw it on the AOL customers should be asked in advance if ever the stated policies of companies collect- evening news,’’ said David Cassel, a freelance they want to be on telemarketing lists. The ing such data. writer in Berkeley, Calif., who runs an advocates also say that as an online service, Like magazines and other businesses with Internet mailing list about America Online AOL should be held to a higher standard in valuable subscription lists, America Online that has 12,000 subscribers. ‘‘People thought protecting customer information than com- has already been selling lists of its subscrib- it was exploitative, deceptive and instrusive. panies that don’t do business in cyberspace. ers’ names and addresses. But those lists do People were outraged.’’ ‘‘Many people who subscribe to AOL like not include the corresponding E-mail ad- The Federal Trade Commission has been the feature that they have a certain distance dresses or customer phone numbers. A few investigating marketing practices in between their use of the keyboard and the weeks ago, however, America Online quietly cyberspace since last summer, most recently outside world,’’ said Robert Ellis Smith, edi- proposed changing its longstanding policy to holding a series of four ‘‘workshops’’ with in- tor of Privacy Journal in Providence, R.I. begin selling its telephone lists. dustry groups last month. ‘‘They don’t have to give out a physical ad- Privacy advocates said that adding phone Yesterday, noting that credit cared compa- dress or a home number. Now AOL is sud- numbers to the mix would allow marketers nies often pitch services to their customers denly exposing these customers to intrusions to cross-tabulate with additional sorts of in- based on analysis of spending patterns, Com- at home during the day.’’ formation that people might not be aware missioner Christine Varney said: ‘‘The dif- Initially, AOL plans to offer the phone they were exposing by simply signing up to ference in perception is that people believe number to two companies, CUC and Tel-Save an on-line service. that AOL knows a whole lot more about Holdings Inc., a long-distance company with ‘‘The phone number is used as an identifier them or has the capacity to know a whole which AOL signed a $100 million marketing the way that the Social Security number is,’’ lot about them than American Express does. agreement earlier this year, Primrose said. said Evan Hendricks, the editor of Privacy Presumably they can see where you go, what CUC and Tel-Save do not plan to start tele- Times, a privacy-rights newsletter. ‘‘They you do, where your email comes from, who marketing until later this year, she said. can use the phone number to look up the you’re sending it to.’’ AOL plans to screen the telemarketers’ so- name and address and then you can find out Earlier this month the commission’s staff licitations, Primrose said. The company now about their house and how many kids they sketched the outlines of a regulatory struc- monitors mailings that are sent to its cus- have.’’ ture for Internet advertising when it deter- tomers by firms who purchase its subscriber Telemarketers and other direct-sales orga- mined that a World Wide Web site called mailing lists, she said. nizations have resisted Government regula- KidsCom had probably engaged in deceptive AOL’s mailing lists include members’ tion by agreeing to self-imposed privacy-pro- practices when it collected personal informa- names and addresses, as well as demographic tection guidelines that typically include pro- tion from children and used the data for profiles, with information such as household visions allowing consumers to request that marketing purposes without the consent of income and past buying habits, that the their personal data not be sold to third par- parents. But the commission has not issued any company says it obtains from outside mar- ties. But the America Online episode is cer- regulation on Internet marketing aimed at keting databases. tain to raise new questions about whether adults, and is still leaning toward allowing the industry can continue to police itself. [From the New York Times, July 25, 1997] ‘‘It’s unbelievable really, that AOL would the industry to police itself. ‘‘It’s about creating a dialogue with indus- AMERICA ONLINE BACKS OFF PLAN TO GIVE be cashing in for profit by selling the per- try, and this marketplace is not going to OUT PHONE NUMBERS sonal privacy of their users,’’ said Represent- work unless consumers have confidence in (By Seth Schiesel) ative Bruce F. Vento, Democrat of Min- it,’’ said Victoria Streitfeld, a commission Responding yesterday to consumer outrage nesota, who has introduced a bill to regulate spokeswoman. ‘‘The real effort has been to and mounting concerns about privacy in the use of consumer information on line. ‘‘It really not have Government come down on cyberspace, America Online, the largest on- just boggles the mind that they would do it this emerging technology but to raise the line service provider, abandoned its plans to quite this boldly.’’ issue.’’ begin providing lists of its customers’ tele- America Online would not reveal how phone numbers to telemarketers and other many of its members called, faxed or sent f direct-sales peddlers. electronic mail to the company to vent their ON ENERGY AND WATER APPRO- The reversal came less than 24 hours after displeasure. America Online executives in- PRIATIONS BILL AND WHAT IT the plan became widely known through news sisted that they did not intend to ‘‘rent’’ the accounts and on-line postings. America On- phone numbers. Instead, they said, America MEANS TO COMMUNITIES; TRIB- line drew immediate fire from politicians Online would provide the numbers to compa- UTE TO BISHOP N.H. HENDER- and privacy-rights groups for the tele- nies only as one part of an overall marketing SON, SR.; AND SYMPATHY TO marketing venture, in part because the com- deal. FAMILY OF JUDGE NORMAN pany for years had assured subscribers that ‘‘The only calls we intended for you to re- BLACK ceive would have been from AOL and a lim- it would not release their phone numbers and The SPEAKER pro tempore. Under a other personal information to outside par- ited number of quality-controlled AOL part- ties. ners,’’ said Stephen M. Case, the company’s previous order of the House, the gentle- Because America Online’s eight million chief executive in a letter to subscribers yes- woman from Texas [Ms. JACKSON-LEE] subscribers are already besieged by ‘‘junk’’ terday. is recognized for 5 minutes. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5811 Ms. JACKSON–LEE of Texas. Mr. than go backward, we are very glad to [Mr. UPTON addressed the House. His Speaker, I am very delighted today have gone forward with the $3.5 million remarks will appear hereafter in the that in an act of positive and effective added as the completion of what the Extensions of Remarks.] bipartisanship the energy and water Army Corps of Engineers asked for to f appropriations bill was passed by this reach the particular area of concern The SPEAKER pro tempore. Under a body. around Cullen and Airport and Martin previous order of the House, the gentle- Now, many would ask what a tech- Luther King Boulevards, in particular nical bill like that has to do with the woman from Washington [Mrs. SMITH] in the 18th Congressional District. This is recognized for 5 minutes. real nuts and bolts of the quality of life $3.5 million will have us going forward in this Nation. Well, first of all, it has and not backward. [Mrs. SMITH of Washington ad- to do with our highways and byways But the tribute goes to those citizens dressed the House. Her remarks will that are water directed. It has to do who worked very hard. Many times we appear hereafter in the Extensions of with protection of our communities hear our constituency base ask, ‘‘I send Remarks.] against the tragedies of flooding. It has money to Washington and it seems like f to do with the edification and beautifi- it takes wings and goes off some- The SPEAKER pro tempore. Under a cation of our river banks and our bay- where.’’ Many times they complain previous order of the House, the gen- ous and, yes, it has to do with protect- about the spending that goes on in this tleman from Florida [Mr. FOLEY] is ing us from the tragedies of the wrong body and elsewhere. The only spending recognized for 5 minutes. type of disposal of nuclear waste, that should go on, we hope, will be to [Mr. FOLEY addressed the House. His which in many instances is sometimes enhance their quality of life. used for our medical care. remarks will appear hereafter in the I am delighted that these citizens Extensions of Remarks.] At the same time, this legislation maintained the course, and I will con- was particularly special to a group of tinue to work with them so that we can f people in my community in the 18th jump-start this project, so that it com- ON BALANCING THE BUDGET Congressional District, and I would pletes itself way before 2006. We will like to thank some community activ- work with Harris County, we will work The SPEAKER pro tempore. Under ists, ministers in and around the Sims with the city of Houston, and we will the Speaker’s announced policy of Jan- Bayou area, particularly around Mar- work with these activists who have not uary 7, 1997, the gentleman from Wis- tin Luther King and Cullen Boulevards, sold their homes in desperation but consin [Mr. NEUMANN] is recognized for James Brooks a community activist, they have continued to live there. And 60 minutes as the designee of the ma- and Reverend Kyles, along with many we will work with FEMA, who still has jority leader. other ministers and community leaders not been able to consider their claims. Mr. NEUMANN. Mr. Speaker, I rise who for a long time, and continue to at But most of all we will congratulate today to talk about a very important this time, fought to get some response them on their hard work. issue facing this Nation: It is the grow- to the terrible flooding that was going I would also at this time, Mr. Speak- ing debt that faces this country. Today on in their community. our debt stands at $5.3 trillion, $20,000 I remember distinctly in 1994, as a er, like to acknowledge another activ- ist, but an activist in Christianity, in for every man, woman, and child in the city council member, traveling streets United States of America. by boat that heretofore had not seen the Christian experience. Bishop N.H. Henderson, Sr. has served in the min- To begin this discussion, I think it is any more water than a slight puddle in very important that we understand the a yard because it had been watered too istry for some 50 years, pastoring six churches. He now pastors Law Memo- difference between balancing the budg- much. But unfortunately, in a very et, that is, reducing the deficit to zero, heavy rainstorm, many of their homes rial in Houston. He has shared his life with his wife, and paying off the debt. The deficit is were flooded out. Now, what I should the part we talk about out here, and it most compliment is how that commu- he has shared his life with his family, but most of all he has shared his life is important to understand that the nity came together, with churches deficit is the overdrawn checkbook. opening their doors and with people with his community. The community of Houston, particularly in the 18th When Washington talks about bal- gathering clothes and food. They rose ancing the Federal budget, what they up in the time of tragedy and adver- Congressional District, owes Bishop N.H. Henderson, Sr. a great deal of are actually talking about is not over- sity. drawing their checkbook anymore. Another problem that they faced, gratitude for the 50 years that he has What has been going on since 1969 is, however, was, unlike areas that flood given to us, for the 77 years that he has every year the Government collects regularly, many of those homes did not lived, for the 60 years of his Christian taxes out of the American people’s have flood insurance so many of the experience, and for the 50 years of his pockets and it puts it in their check- people were left devastated. That was gospel ministry. book and then the Government writes 1994. And since that time, we have seen Finally, Mr. Speaker, I would like to out checks. But it writes out checks three or more times that that same very quickly pay a special note of sym- for more money than they have in area has flooded. pathy to the family of Judge Norman With their energy, we took the bull Black. We lost him this past week, a their checkbook. We all know in our by the horns, and just this past winter, cheerful and thoughtful jurist, some- houses that would not work and it does in a terrible flood, we were out there one who gave of his life, but most of all not work out here. walking those bayous with the Army treated all mankind and womankind So what it is they do when the check- Corps of Engineers, the Harris County with human dignity. My sympathy to book is overdrawn, is they go and bor- engineering group for flood control, his family and the community who row the amount of money the check- and other local citizens and officials, mourn his death. book is overdrawn. The result of that and we said that this is something that f borrowing is what is shown in this chart. It is the growing debt facing this we need to do a lot about. The SPEAKER pro tempore. Under a great Nation that we live in. Those community leaders were un- previous order of the House, the gen- From 1960 to 1980 the debt did not daunted by the task of trying to get tleman from North Carolina [Mr. Federal funding, more of course, work- grow by very much, but from 1980 for- COBLE] is recognized for 5 minutes. ing with local government coopera- ward they started overspending by a tively and giving comfort to their citi- [Mr. COBLE addressed the House. His lot, and they started borrowing lots of zens who one more time this past win- remarks will appear hereafter in the money, and that is why the debt is ter had been flooded again. Even as I Extensions of Remarks.] growing as fast as it is. And we can see walked the bayou, I could see fences f it in this chart. As a matter of fact, that had been knocked down not by The SPEAKER pro tempore. Under a right now, today, we are at about this wind but by storm waters. previous order of the House, the gen- point on the chart. And it brings to Now, after working with them and tleman from Michigan [Mr. UPTON] is light how important it is that we deal the Army Corps of Engineers, rather recognized for 5 minutes. with not only the deficit but that we H5812 CONGRESSIONAL RECORD — HOUSE July 25, 1997 stop the Government from spending more money to spend but they would ets of the American people. Our vision more money than it has in its check- be closer to a balanced checkbook. was we should curtail the growth of book. So they raised taxes in 1993, and I Washington spending. But after the deficit is dealt with we would point out the tax increase passed When Washington spends less money still have the $5.3 trillion debt, and we the House of Representatives by a sin- out of their checkbook, it is no dif- need to put a plan into place that also gle vote. Not one single Republican ferent than in our household, their deals with that. I have recently intro- voted for it. And it passed the Senate checkbook was overdrawn by a smaller duced legislation called the National by a single vote. amount. As a matter of fact, if we look Debt Repayment Act. And what the So we have these broken promises be- at the year 1997, for example, they National Debt Repayment Act is, it fore 1995, we have the tax increase of overdrew their checkbook by $100 bil- goes the next step beyond balancing 1993, and we have the revolt of the lion less than what was expected. Well, the budget. After the budget is bal- American people in 1994. In 1994 the what happened? anced, it says that we must start mak- American people said, ‘‘Enough of this When Washington did not go into the ing payments on reducing the size of stuff, we do not want any more broken private sector and borrow that $100 bil- this debt. promises of a balanced budget, and we lion, that left the money available in I am a former home builder, so we set do not want these tax increases,’’ and the private sector. With $100 billion it up very much like we would when we they put a new group of people, they available out there in the private sec- borrow money to buy a house. We pay put the Republicans in charge of both tor, of course that is more availability the loan off over a 30-year period of the House and the Senate. of money. More availability of money time. Under the plan, as the surplus is Now, I think it is reasonable that the meant the interest rates stayed down. developed, one-third of the surplus American people should ask are they And this is where it now translates out would go to additional tax relief for the any different. Is there any difference of Washington and into the real world. American people and two-thirds would between the Democrats that were here In the real world, when the interest go to start paying down this Federal before and this picture of broken prom- rates stayed down, it was very predict- debt. ises and higher taxes, and the group of able what happened next. People start- A lot of people might ask, how did we people that is now in Washington, DC, ed buying more houses and buying get this debt this big and what is going in control in the House and the Senate? more cars. on out here that would lead us to this This was our vision in 1995. If Wash- b 1430 size of a debt? I think it is important ington could just stay within their that we get a handle on what happened I brought some charts along for that, means, could meet their targets and in this city before 1995. because I think the answer to that stay ahead of schedule, they would bor- Before 1995, this city, the people in question is very important. It is more row less money out of the private sec- Washington, continually made a series than fair that the American people ask tor. More money available would keep of promises to the American people. are they any different than what has the interest rates down. And with the What I have on this chart is the happened since 1995, when we sent a interest rates down, people would buy Gramm-Rudman-Hollings promises of new group there to control. I brought more houses and cars and they would 1985, and then again in 1987. And one this chart along because this chart do all the things to make this economy can see how they promised, and the shows just how different things really work. Because when they bought blue line shows how the deficit was are. houses and cars, other people had to go going to go to zero, they were going to The red columns that one sees on to work. That meant they left the wel- stop overdrawing their checkbook. The this chart are our plan to balance the fare rolls, took less money away from red line shows what they actually did budget, too. When we got here in 1995, the Government, and started paying with the deficit. They made promises we made a promise to the American taxes in. to the American people and they broke people that we were going to balance That is the working model that has those promises. the budget too and preserve this Na- led to this picture. Again, I cannot em- Again, I would emphasize this is the tion for our children. The red column phasize enough how different the pic- past. This is pre-1995. Promises were shows the deficit numbers that we ture is now than it was before. We are made, the deficits exploded, the prom- promised the American people. not only on track to balancing the ises were broken. This is very different than those last budget, we are ahead of schedule. In Washington, they figured out the charts, though, however. Instead of I would like to also point out the suc- logical thing to do if they could not missing the targets, in the first year of cess that we have had in terms of cur- keep their word was to make a new set our plan, we not only hit the target but tailing the growth of Government of promises. So they made another set were ahead of schedule. The blue col- spending. This chart shows it the best of promises, the Gramm-Rudman-Hol- umn shows what actually happened. So I can. Before the Republicans got here lings II, and the blue line shows what in year one, we were not only success- in 1995, Government spending was they promised in that set. And again ful, but we were ahead of schedule. going up at an annual rate of 5.2 per- the deficit exploded and they did not Along came year two. We were not only cent. keep their promises. They could not hit successful but we were ahead of sched- We have heard a lot about draconian their targets. ule. We are now in year three of this cuts. I would like to point out that, The reason we have this debt is be- plan; and, again, we are not only on since the Republicans have been here, cause, as these promises were made in schedule, we are ahead of schedule. spending is still going up, much to the the late 1980’s and early 1990’s, the peo- It now appears that, because of the chagrin of some us out here, but it is ple representing the United States of success of this group since 1995, along going up at a much slower rate. What America, the people here in Washing- with a strong economy, that we are in has actually happened is the growth of ton, they were not able to keep their a position to balance the budget by Government spending, growth of Wash- commitment to the American people. next year. So we have not only hit our ington programs has been slowed by In 1993, recognizing that they had target of balancing by the year 2002 about 40 percent. broken all their promises, they got se- and keeping our promise, but it now Since Washington spending is not rious about this and they said, ‘‘We appears that we will have a balanced growing as fast, we are able to both know what we can do about this, we budget as soon as 1998, 1999 at the lat- reach a balanced budget and offer tax will raise taxes. We will take more est, and that is great news for the relief to the American people. What a money out of the pockets of the Amer- American people. wonderful situation this is that we ican people. And maybe if we do that, Why is this happening? What is the have out here right now. We are now in we can stop overdrawing our check- message here? What is different? Well, a position because of this success that book.’’ Because if they took more this group curtailed the growth of Gov- we can offer the American people both money out of the pockets of the Amer- ernment spending to a point where we a balanced budget and tax relief, $500 ican people and they put it in their were able to hit our targets. No raise of per child; college tuition $1,500 for your checkbook out here, they would have taxes. No taking money out the pock- kids going to college; capital gains July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5813 being reduced from 28 percent to 20 per- plus goes to additional tax cuts for the this week, rain and wind from Hurri- cent; the death taxes, reform; the American people. I think it is real im- cane Danny damaged thousands of to- dream IRA has pulled into place. All of portant that we point out, as this debt bacco farms in North Carolina as farm- these good things are happening out is repaid, the money that has been ers prepared to go to market. As insur- here because Washington is no longer taken out of the Social Security trust ance adjusters began to survey the expanding like it was before. That is fund by the people in Washington over damage, farmers will count on crop in- good news for the American people. the last 15 years gets put back into the surance to pay the bill as they try to I had a conversation this morning Social Security trust fund so Social salvage what they can. and the person was talking and he said, Security once again becomes solvent If crop insurance were not available ‘‘I have got two kids at home.’’ And I for our senior citizens. The people that to these small farmers, not only would said, ‘‘Good. January 1 of next year are working today would get additional this year’s crop be a near total loss for what you should do is you should walk tax cuts; so for our seniors, solvency in them, but others would be forced off in the door of your employer and you the Social Security trust fund, security the farm entirely. Many of these very should tell your employer you wanted in the Social Security system for our farmers are still repairing the damage to keep $66 more in your paycheck in seniors. For our working families, for to curing barns, irrigation equipment, January that you were sending to people in the work force today, taxes is and other farm equipment received Washington before. You just get to part of this bill. during Hurricane Bertha and Hurricane keep that money. It is his money any- I think most important of all, for fu- Fran just last year. Others are just now how.’’ ture generations, for our children and recovering to pay off farm loans and And this person just simply has to for our grandchildren, we get to pass bank debts that they sustained during walk in the door of his employer on this great Nation on to our children that period. And their families also January 1 next year and say, ‘‘I want debt-free. We pay off the Federal debt faced damage from blue mold just last to keep an extra 66 bucks a month of by the year 2026 under this bill, and we year on their tobacco. my own money,’’ and he gets a $66 raise get to pass this great Nation on to our in one month simply by walking in and children debt-free. I think that is the Yesterday’s vote was a huge victory doing it because these tax cuts are put message of the future, and I think that for small farmers, especially poor, mi- into place. Good news for America. is the message of the Republican nority, and disadvantaged growers. To- The logical question is, ‘‘What is Party. bacco has been in the news a great deal next?’’ I think the logical question, we The past, the party that was here be- lately. It has been the source of quite a look at this picture, we look at the fore us in control, the broken promises bit of controversy. However, there is broken promises of the past and the of the late 1980’s and the early 1990’s one fact about tobacco that is indis- tax increases of 1993 and the American and the tax increases of 1993, that is putable. The golden leaf has helped people stepping forward and rejecting gone. The American people sent a dif- build the State of North Carolina, and those broken promises and the tax in- ferent party here to run Washington, it has helped transform the Tar Heel creases, and they have now moved to a DC. This party is in the third year of a State into an international force in point where they put a group of people plan to balance the Federal budget. We business, technology, education, re- here that are going to both stay on are on track. We are ahead of schedule. search, medicine, and the arts. track to balancing the budget and re- The budget should be balanced in 2002 Before the turn of the century, North duce the taxes at the same time, the but probably as early as next year or Carolina was known as the Rip Van logical question is, ‘‘Where do we go the year after, on track, ahead of Winkle State, devoid of good edu- from here?’’ schedule, by curtailing the growth of cation, economic wealth, and many I think the answer to that question Washington spending so that we can other things that others enjoyed. Jobs goes back to kind of where we started provide both a balanced budget and were hard to come by, and a week’s pay tonight. Even after the budget is bal- lower taxes for the American people. at a textile mill never seemed to be anced, we still have this $5.3 trillion This vision for the future includes quite enough to pay the bills at the debt hanging over our head. For any of paying off the Federal debt, restoring town general store. the viewers that have not seen this the Social Security trust fund, and giv- ing this great Nation that we live in to Education was a privilege only for a number, this is what the number looks very special few people. At the turn of like. It is staggering. It is $20,000 for our children absolutely debt-free. I can think of no better vision for the future the century, most children left school every man, woman, and child in the early to work on the farm or in a tex- United States of America. It is $100,000 of our Nation. Mr. Chairman, I yield back the bal- tile mill, and only a lucky few grad- for a family of five like mine. And the uated from high school, and even less kicker is, a family of five pays $580 a ance of my time. The SPEAKER pro tempore. The gen- went on to college. Health care was month in interest only on the Federal tleman from Wisconsin [Mr. NEUMANN] atrocious. But because of the geog- debt. yields back his time. raphy and climate, North Carolina Now a lot of people say, ‘‘I do not pay Under the Speaker’s announced pol- farmers found that they could grow a that much in taxes.’’ Well, the reality icy of January 7, 1997, the gentleman variety of crops and especially one that is, you pay taxes all over the place. from Minnesota [Mr. GUTKNECHT] is turned a good crop, flue-cured tobacco. When you walk in the store and buy a recognized for the remainder of the Tobacco has helped educate our chil- loaf of bread and the store owner majority leader’s hour. That time makes a profit on that loaf of bread, dren, help establish our community would be 47 minutes. college system, build our roads, and the store owner sends part of that prof- Mr. GUTKNECHT. Mr. Speaker, I it to Washington, DC, to help pay the send thousands of young people to a yield 5 minutes to the gentleman from public university system that is the interest on that Federal debt. So they North Carolina [Mr. ETHERIDGE]. are paying it. rival of any in this Nation and around REGARDING TAX RELIEF FOR WORKING the world. Tobacco and the tax reve- So the logical question is, ‘‘What FARMERS. nues and economic development it has next?’’ The logical answer to that ques- Mr. ETHERIDGE. Mr. Speaker, I generated has provided the State and tion is after we balance the budget, we thank the gentleman from Minnesota local government the resources nec- should start addressing this national [Mr. GUTKNECHT] for yielding me the essary to foster an environment of debt. Recently I introduced a bill time. called the National Debt Repayment Mr. Speaker, I rise today on behalf of technological achievement in our State Act. And it does this. After the budget the hard-working farmers of North that would not have been deemed is balanced, we cap the growth of Carolina. I want to thank my col- thinkable just a few decades ago. Washington spending at a rate 1-per- leagues that voted yesterday to pre- North Carolina boasts the best re- cent lower than the rate of revenue serve crop insurance for tobacco farm- search universities that exist any- growth. That creates a surplus. Two- ers. where. Our community college system thirds of the surplus goes to paying Defeating the amendment this week is the model used by States all over the down this debt. One-third of the sur- could not have come more timely. Just country. North Carolina boasts more H5814 CONGRESSIONAL RECORD — HOUSE July 25, 1997 miles of State maintained highways like to talk a little bit about some of Mr. WELDON of Florida. I thank the than any State in this Nation. And the the things that are happening. We have gentleman for yielding. I wanted to Research Triangle Park has become a eliminated something like 289 Federal rise and talk a little bit with the gen- research technological manufacturing programs. We have cut over $50 billion tleman today and with the people view- center that has put North Carolina in discretionary spending. We have the ing in the C–SPAN audience a little bit ahead of the pack in the creation of first real welfare reform plan passed about who this tax cut package is real- new jobs and economic development literally since 1965. ly going to help. It is important for all opportunities as we look forward to the There is a lot of good news that goes our colleagues in the House of Rep- new millennium. along with this. As a matter of fact, 3 resentatives and everyone watching to Just over 50 years ago, tobacco was weeks ago when the President did his understand exactly what this means the economy of North Carolina. And it Saturday radio address, he said that for the families and their neighbors’ remains an important part of our State there are 1,023,000 fewer families on families. Tax relief is about real peo- today, but it is a less important part. welfare today than were on welfare ple, real Americans. If the gentleman North Carolina has a well-diversified, when he signed the Republican welfare would allow me to come down there, I multifaceted economy, thanks to the reform bill just a little over a year and want to put up on that easel next to sweat and toil of the farmers all over a half ago. That is good news. It is sav- him a picture of one of those families. our State. ing money. But the goal of the welfare Mr. GUTKNECHT. In fact, while the But tobacco is extremely vulnerable reform plan was not to save money. gentleman is bringing a chart down, I to the fury of nature. Hurricanes, tor- The goal of the welfare reform plan was think he has made an excellent point nadoes, floods, and other acts of nature to save people, and to save families and and sometimes we forget because we that have visited North Carolina in re- to save children from one more genera- get so bogged down in $1,624 billion and cent years have devastated our family tion of poverty, dependency, and de- 2.3 percent and $100 billion and $200 farmers. Crop insurance would have spair. We are making real progress in million and all of these numbers. We made it more difficult had farmers not the areas of welfare reform, in the sometimes talk about these kinds of had to insure themselves against na- areas of Medicare reform, entitlement things as if it were some kind of an ac- ture’s fury. reform, downsizing the Federal bu- counting exercise when really this in So let me thank my colleagues again reaucracy, holding the Federal Govern- the end is about real people and how it for casting a vote on behalf of family ment more accountable, squeezing is going to affect their lives. farmers. I also want to thank my col- more out of the taxpayers’ dollars. We Mr. WELDON of Florida. Mr. Speak- leagues that voted to preserve the pea- are limiting the growth in spending. er, this is a picture of a family from nut program and the reforms that were In fact, in 1995, when we passed our my congressional district, specifically made to it in the 1996 farm bill. Be- first 7-year budget plan in which we the town of Palm Bay, the town that I live in on Florida’s east central coast, cause had they not voted against the said we will balance the budget by 2002 an area we call the Space Coast be- Neumann-Kanjorski amendment, pea- and we will provide tax relief to work- cause of Kennedy Space Center and nuts would have been in trouble. ing families in the United States, when Cape Canaveral being there. Peanuts have also played a big role we passed that original blueprint for This is the Auger family, a middle- balancing the budget, when we said in in the agriculture economy of North class family. Here we have Jim Auger. 1995 that in fiscal year 1997 we would Carolina. Before tobacco became the He is a plumber. We see him there with spend $1,624 billion, that is how much king crop, peanuts sustained the frag- his wife and his three kids. They have we would spend in this fiscal year that ile economies in many of our poorest a family income of less than $40,000. we are in right now. counties in North Carolina, as it still Jim juggles his roles as husband and does today. Peanut farmers face many The truth of the matter is we are ac- tually going to spend only $1,622 bil- plumber, and his wife, of course, is very obstacles, as do others. Too much busy with the household chores. I be- lion. This Congress is actually going to water turns them to mush. Too much lieve she also earns some extra income spend less money this year than we drought turns them to dust. cutting hair. They have 3 kids. I want said we were going to spend just 2 Mr. Speaker, I again want to thank to talk a little bit about the kids. my colleagues for casting their vote to years ago. That is good news. But I The oldest boy is Christopher. There help our farmers yesterday. think the news is even better if we stop is Christopher there. Then they have The SPEAKER pro tempore [Mr. and analyze it, because in the interven- Anthony and their daughter Denae. BURR]. The gentleman from Minnesota ing time because we have had stronger She is 10 years old. Of course also they [Mr. GUTKNECHT] is recognized and has consumer confidence, we have stronger have the two dogs Bridget and Oreo. 42 minutes remaining. confidence in the business community, Mr. GUTKNECHT. Which dog is Mr. GUTKNECHT. Mr. Speaker, I we have lower interest rates than even which? would like to talk a little bit about the Treasury estimated just 2 years Mr. WELDON of Florida. I think this what has been happening over the last ago, as a result of all of that, more peo- one is Oreo actually. I think I may 40 years, what is happening in the Con- ple are buying homes, more people are have gotten that one wrong. gress today, and sort of pursue some of buying cars, the economy is stronger, I want to talk a little bit about what the ideas that our colleague, the gen- and the revenues coming into the Fed- the Republican tax cut package actu- tleman Wisconsin [Mr. NEUMANN], was eral Government have actually in- ally means for them and how it will talking about. creased by more than $100 billion. At specifically affect this family, because I am pleased to have joining me the the same time revenue has increased it means a lot to this family. In fact, it gentleman from Florida [Mr. WELDON], by over $100 billion, real spending by means a lot for all families like the who came in with me and the gen- this Congress is less than we said it Augers, and the importance of this tleman from Wisconsin [Mr. NEUMANN] would be just 2 years ago. vote cannot be overemphasized. Indeed, in the class of 1994, to talk a little bit I think that is great news for the I think it may be one of the most im- about what is happening with this American people, and it is particularly portant votes that we will cast in this budget, what is happening with taxes. good news I think for our kids, because Congress. I want to mention something that we are on the path now toward a bal- It is not always easy for Jim to look our colleague, the gentleman from Wis- anced budget. There was a published out for his family and to make ends consin [Mr. NEUMANN], neglected to report just a few weeks ago that said if meet, especially when so much of his mention. I think it is a very important the economy remains even relatively hard earned money goes to the Federal point. as strong as it is today, even close to Government. Indeed, like most middle where we are today, we could actually class working American families, Jim b 1445 balance the budget as early as next sends more to the Federal Government He said that we are ahead of goal, we year. I think that is great news. than what he spends on food, clothing, are under budget, we are closer to a Joining me is the gentleman from and shelter combined, which is a very balanced budget today than we have Florida [Mr. WELDON]. I welcome any significant, important fact for many been since I was in high school. I would comments he may have. American families. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5815 What they will receive with this mid- ets of working families in my congres- bearing too much of the burden of gov- dle-class tax cut package is very im- sional district, which includes Brevard ernment here in Washington. If we look portant. They will receive $500 for each County, Indian River County, Osceola at the facts and look back 40 years child. County, and portions of Polk County in when my mom and dad and the gen- The gentleman from Minnesota has Florida. I am sure in the gentleman tleman from Minnesota’s mom and dad another picture of the family. I think from Minnesota’s district, it is ditto. were raising our families, I know I what they are doing there is playing He has got thousands and thousands of have my sister Carol visiting from Ten- Pictionary at that particular moment. families that will benefit from it. nessee in the gallery up there listening They are not trying to fill out their This is a very important point: When to this speech. I have three sisters, IRS forms and figure out how they are we put more money in their pockets, in Carol is the youngest, my sister going to make ends meet. They are ac- working families’ pockets, it not only Maryann, who is younger than me, and tually enjoying themselves there. makes it easier for them to make ends then my older sister Christine. When Mr. GUTKNECHT. I want to get back meet, it not only makes it easier for my parents were raising the four of us to an important point because I think them to be able to send their kids to kids, my father was a postal clerk, this sometimes is lost. This typical college with the tuition tax credits working in the post office, they were American family, and this is not all that we are providing, but it is also sending about 2, 3, 4 percent of their in- that different from the family I grew going to be good for the local economy, come to Washington, DC. Now these up in during the 1950’s. In fact, when I it is going to be good for the local busi- families are sending 25 percent of their was growing up in the 1950’s, the aver- nessman. If you are a businessman and income to Washington, DC. age family, the largest single payment you own a hardware store or if you As I understand it, she likes to cut that they made was for their house work in a barber shop or a restaurant, hair and she enjoys cutting hair. But payment. Today the typical family, ac- you are going to have more families there are a lot of working moms who cording to the National Taxpayers with more spending money in their would rather not be out in the work- Union, pays more in taxes, we are talk- pocket, and that is going to in turn, place. They would rather be home with ing about total taxes, they pay more in well, Jim Auger here in this picture is the kids. Particularly when the kids taxes than they do for food, clothing, a perfect example. He is a plumber. are really little, they would rather be and shelter combined. That is why the There are lots of families that are home with them. This tax package is typical American family is being going to benefit that he does plumbing going to go a long way to helping a lot squeezed so much and why this tax re- work for. How many families in my of those families. lief package we are talking about is so congressional district or in the con- One of the things that I think is most important. gressional district of the gentleman ironic is that not only has this been a Mr. WELDON of Florida. The gen- from Minnesota [Mr. GUTKNECHT] have very difficult process over the 3 years tleman raises a very good point. The a leaking faucet that they would like to get the administration to come typical American family does not pay to get fixed but they do not have the along with us on a tax cut package, but more in Federal income tax than they money, the end of the checkbook as well it really is taking our initia- spend on food, shelter, and clothing. comes before the end of the month? tive, the initiative of the Speaker, the But when we add up the FICA, the What is going to happen, people will majority leader, the leader in the other Medicare tax, when we add up the prop- have more spending money and the body as well as all the other Members, erty taxes, if they own their own home, spinoff benefit will not only be that it to really get the President of the Unit- their sales taxes and all the other taxes is going to be easier for him to send his ed States to fulfill a pledge that he the families pay out, the typical Amer- kids to college; they are going to have made in a campaign in 1992 to provide ican family is spending more money on more spending money. But as well, it a middle-class tax break. So it is really taxes than anything else, and it is may actually help his business because a pleasure for me to join the gen- greater than food, clothing, and shelter it is going to help the families that he tleman. combined. does plumbing work for. Mr. GUTKNECHT. I will hold this This family is going to get the $500 This is something that has the poten- picture up of this family, but I think if per child tax credit. But because their tial to help everybody in America. It he flips to the next chart, let us talk a oldest son is getting close to college will create jobs, it will make working little bit about that. He is absolutely age, they can also get a $1,500 a year families and families with kids better right that the President promised when eligibility for an IRA scholarship de- able to make ends meet, and probably he ran for office the first time a mid- duction which, if we do the math and most importantly, it is going to make dle-class tax cut. He did not promise a translate it all out, this family will be it a lot easier for this mom and dad in lower income tax cut, he did not prom- saving in excess of $1,500 a year on this picture to send these three kids to ise to cut taxes for people who pay no their income taxes. college. income taxes. He promised a middle- Mr. GUTKNECHT. That is money These kids are bright kids and their class tax cut. that they get to keep, and sometimes parents believe they are college mate- In many respects, what we are doing people misunderstand. They confuse rial and that they should be able to is we are helping the President keep credits with deductions. We are talking succeed in college. But as everybody that promise. According to the Joint about $1,500 more that this family will knows, it is not just the tuition. It is Committee on Taxation, which is a bi- have in their checkbooks to spend as the room and the board and the books partisan committee and is the official they see fit rather than having that and paying the medical insurance while scorekeeper of all tax bills, 76 percent money being sent to Washington to be the kids are in college. So providing for of the tax relief in the package that spent by Members of Congress and bu- a kid for another 4 years and seeing passed this House, and we have not yet reaucrats as they see fit. him through the process of college is got the calculations on the bill that is Mr. WELDON of Florida. The gen- very, very difficult on families. This being finalized in the conference com- tleman is absolutely correct. An impor- family is going to be better able to mittee, but my suspicion is it will be tant point here that I would like to send their kids to college. That is a big very close to the same number, at least make is the Augers are not the only part of what this tax package is all three-quarters of the benefit of this tax family in my congressional district about. package will go to families who earn who are going to benefit from this tax I am very, very pleased to rise today less than $75,000 a year. relief package. Indeed, the Heritage and join the gentleman in this special Foundation, a think tank here in order and talk about not just the sta- b 1500 Washington, DC, did a calculation for tistics and not just the numbers, but And there are lots and lots of fami- me indicating that 84,000 families in real flesh and blood people like the Au- lies in that category, and I yield to the my congressional district will see their gers and their three kids, because this gentleman. income taxes go down based on this Re- is going to mean a real difference for Mr. WELDON of Florida. Yes, if the publican middle-class tax cut package. their quality of life. For too long, gentleman would yield, I appreciate it, That will mean $39 million in the pock- American families like them have been thank you. H5816 CONGRESSIONAL RECORD — HOUSE July 25, 1997 I just wanted to explain what this income, that lives in their own home, modest means become wealthy and to chart represents. And our tax cut pack- that perhaps has accrued values of pen- help those people take better care of age is about an $85 billion net tax cut, sions, perhaps has an IRA that they themselves and better care of their but actually its total amount is about could cash in, have some undeclared families, particularly in their retiring $115 billion. This pie chart represents capital gains; in other words, they have years. all of that money, the whole tax cut got some stock perhaps that they in- So I strongly support capital gains package, and we are looking at who herited from Aunt Matilda. And if you tax reductions, and frankly I do not does it go to. And this section in the put all those together using a very con- have any problem defending or discuss- yellow here represents 76 percent of voluted and tortured arithmetic devel- ing those back in my home district, that tax cut package, and it goes to oped by the Treasury Department, you particularly among small business peo- families earning between $20,000 and can literally take that typical family, ple and farmers, because they under- $75,000. that median family with $47,000 of in- stand that they live poor and they die That to me says a great deal. It says come, and you can say they have an rich because they have invested, saved this truly is a middle-class tax cut. imputed income of $80,000 a year. And and been prudent. That is the working middle class. that is what sometimes our friends on Mr. WELDON of Florida. I thank the Now some people may say well, gee, the left are referring to when they talk gentleman, and I want to talk about $50,000, $60,000, $70,000, where I live is about tax cuts for the rich. one particular aspect of the capital not middle class, and that is true. The other thing they do, which I do gains reduction which is part of the tax Where I am in Florida, making $65,000, not think is completely fair or honest, package that is being discussed here in $70,000 a year, some people would le- is they talk about capital gains and Washington right now. gitimately argue is not middle class they say capital gains are tax cuts for The capital gains tax reduction, the anymore. But I can tell you in some of the rich. Well, in some respects there is reason why I support it and the reason our more urban areas, places like New some truth, and as a matter of fact if why many of my colleagues on both York City, Long Island, Los Angeles, Bill Gates were to sell all of his sides of the aisle support it is because there are a lot of families struggling to Microsoft stock under this tax plan it stimulates jobs, it helps create jobs, make ends meet on $65,000 a year be- with the tax relief that we have in- and the way it does that is if you have cause of the very, very high cost of cluded in that for capital gains sales, made an investment and you realize housing where a house can cost $300,000 he would get a very large tax cut. That some profit off that investment, if a year. And if you really look, that is is a fact, OK? The likelihood is he is when you go to sell and the govern- the middle class in the United States of not going to do that. As a matter of ment takes slightly less, you are left America, with incomes between $20,000 fact, many wealthy people never sell with a little bit more. And most people and $75,000 a year. their stock. They leave it to a trust; in who make an investment reinvest their This pie chart shows you very, very fact, in my guess what probably will money. clearly, 76 percent goes to those work- happen to Mr. Gates’ stock in Now some people will use it for a va- ing middle-class families. Microsoft is one day he will leave it to cation or a college education, but the Mr. GUTKNECHT. That is what the some foundation to build electronic li- majority of people reinvest their President promised, and that is what braries throughout the galaxy. That is money right back into the economy in we have delivered. what historically has happened with the form of stocks or bonds or business. Perhaps we can flip to the next chart many very wealthy people. They create And so when you lower the rate of because this is another chart that was foundations, they create trusts, and so tax on capital gains, and you leave put together by the Joint Economic in some respects they really do not more money in people’s pockets who Committee on Taxation, again the peo- take advantage of these tax breaks are most likely to invest it, they are ple who actually are the official score- anyway. But even if they did, that is putting more money back into the keepers, and what you see in yellow is their business, it is not the govern- economy, and then, as a consequence, current law or pre- the tax cut package ment’s business, and he would still be they are creating jobs. that has been agreed to by the House paying billions of dollars worth of and Senate. And what you see are the taxes. And what is probably most important five different, if you broke the eco- But let us talk about normal people. about this is they are more often than nomic groups into equal parts of one- Let us talk about farmers. Let us talk not creating good, high-paying, quality fifth, the lowest one-fifth of taxpayers about small business people. Let us jobs. Often it is in high-tech industries, currently pay in the yellow there on talk about families who save and in- the kind of industries that are clean, the left, they currently pay 1 percent vest for their future which, of course, that are less polluting and that fre- of all the taxes paid in the United is what ultimately I think we want quently are paying better salaries. States. The top or the lowest 20 per- people to do more of. One of the prob- I want to make one other extremely cent of income earners in the United lems we have had with this Tax Code important point. In our Republican tax States currently pay 1 percent. Under over the last 40 years is that it has dis- cut package we do something called in- this tax plan they would still pay 1 per- couraged personal responsibility by dexing capital gains, and I want to ex- cent. saying, you know if you save, if you in- plain what that is. If you make an in- If you drop all the way over to the vest, if you take care of your family, vestment today, a thousand dollars, highest 20 percent, they currently pay you will be punished. If you do not do and 10 years from now your investment 63 percent of all of the taxes paid in the those things, you will be rewarded. And has doubled in value to $2,000, accord- United States. Under this tax plan they what we are saying is we have got to ing to the current Tax Code you have will still pay 63 percent. In fact, if you reverse some of those perverse incen- got a capital gain on a thousand dol- really are honest about the way the tives. lars. distribution of this tax cut goes, it But let us talk about tax cuts for the But guess what? Inflation is such really does little to change the dif- rich, because the truth of the matter is that 50 percent of your profit has been ferences between the wealthy and the most people who pay a capital gains eaten up by inflation, so instead of poor. tax are rich for 1 day, the day they sell really having an extra thousand dol- The important point is, and one of their farm, the day they sell their busi- lars, because of inflation, the decline in the things that our friends on the left, ness or the day they sell some other value of the dollar, you maybe only they do two things with our tax bill asset or investment which in many have realized $500 in real profit. that I think in some respects are in- cases they have been paying taxes on Indeed, when inflation is going along credibly disingenuous. One is they use for many, many years. very rapidly, if inflation was at, say, 7 what is called family economic income So I happen to believe that we ought percent, and your investment went or otherwise imputed income. And by to encourage people to invest and save from 1,000 to $2,000, you have made ab- doing that you can literally take a and that the real purpose of capital solutely no profit because your $2,000 family that is earning $47,000 a year, gains tax relief is not to help the now only buys what a thousand dollars which currently is the median family wealthy. It is to help more people of did years ago. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5817 Well, in the current Tax Code, you we want a Tax Code that helps working So the real benefit of this package I pay taxes on that inflated money. You families, we want a tax system that en- think goes to people of modest means actually have to pay the Federal Gov- courages families to be able to send and to middle-income families, and ernment for the inflation, and I just their kids to college, and I am very, that is the way it should be. Just be- think that is absolutely wrong, and one very pleased to be able to join the gen- cause there may be some wealthy peo- of the things I am most proud of in our tleman in this special order here. ple who will benefit, that is no reason tax cut package is we allow you to Mr. GUTKNECHT. Mr. Speaker, I to play this class warfare. index it for inflation. want to get back to a point the gen- I want to remind people and our So if you made that thousand dollar tleman from Florida made, and this is Members who may be watching, it has investment and it is now worth $2,000, one of the things that has been incred- not been that long ago that this Con- but the dollar has gone down in value ibly discouraging and frustrating in gress started to play this class warfare slightly so your real capital gains is that we have the President and the game. What happened? They passed only $500, you pay capital gains tax on Secretary of the Treasury, Mr. Rubin, something called the luxury boat tax. only $500. and I want to talk specifically about They were going to get those wealthy What I have been most disappointed the Treasury Department and their im- people who bought those cigarette in is the President does not want this puted income scheme and, even more boats and those wealthy people who provision. He wants it eliminated, and importantly, to talk briefly about their bought yachts. They were somehow he is going around this city, and he has notion of exploding, reducing capital going to get them to pay more taxes. his Treasury Secretary, Robert Rubin, gains, exploding the deficit. The real Do Members remember what happened? going around saying that this will, tragedy of that tale is they know that Mr. WELDON of Florida. Mr. Speak- quote, explode the deficit, trying to put that is not true. er, I had or still have one of those boat fear in the hearts of the American peo- As a matter of fact, the Treasury now companies in my district, Sea Ray, and ple that this tax cut package is going has updated numbers that shows by re- it just about put them out of business. to explode the deficit. In truth, it is ducing capital gains at the levels that As I understand it, 20,000 working going to do nothing at all like that. we are talking about in this tax bill, Americans who worked in the boating And in truth, what we are trying to do you actually increase revenue to the industry lost their jobs, and I know is just basic fairness. We are trying to Federal Government over the next 10 they laid off lots of people in my dis- take the family values that you are years by an additional $25 billion. Yes- trict, and it was a disaster because peo- trying to raise your kids with every terday there was an article written by ple stopped buying the boats, so they day, a fairness and honesty, and we are one of the former Federal Governors got absolutely no income into the Fed- trying to apply it to the U.S. Tax Code. who said reducing capital gains will ac- eral Treasury off of that tax. And believe me in this city it is very tually increase revenues to the Federal And because they stopped buying hard. But to have the President run- Government by hundreds of billions of boats, it put the boating industry in a ning around and saying it is going to dollars more because it will encourage tailspin. I know in my congressional explode the deficit, in my opinion, is to people to sell assets that they have district it hurt the company very, very say the current system is the way we been sitting on for a long time and con- badly, and people ended up losing their want to keep it, we want to tax you on vert those and allow other people to jobs. When people lose their jobs they your inflated dollars. Even if your buy them. And as this happens, as we go on unemployment, they may end up $1,000 investment is worth $2,000 and in- get more and more transactions, as we on welfare, they are not paying income flation has eaten up half of that, we are get more and more people investing in tax anymore. So that luxury tax I going to tax you on all of that. savings, as we encourage investments think is an excellent case study. I am And I just think that is dead wrong, in savings, you increase the size of the glad the gentleman brought it up. and it is just not fair. One of the things pie. Mr. GUTKNECHT. It underscores the You do not have to raise taxes to in- that I know that I have been striving real danger of playing this class war- crease revenue. If you lower capital for since I have been here in Washing- fare game. Abraham Lincoln warned gains, even the Treasury Department ton, all the Members of our freshman many, many years ago that you cannot now acknowledges, you actually in- class, particularly the freshman class help the poor by hurting the rich. In crease revenue. You do not explode the of the last Congress and the people like other words, we are all in the same deficit, you explode revenues, because Mr. GUTKNECHT, is to try to put fair- boat. You cannot sink half of them. the economic activity is growing and ness into the system, fairness in giving When they tried to do it, when they the biggest benefactors, and I think working families like the Augers, the tried the luxury boat tax, it had a net you said this, again are not the people I showed earlier, more money to negative revenue consequence. That wealthy. spend at the end of the month, more And I will just also quote, there was was bad. But what was worse, over money for college education, better a gentleman in my office yesterday, 10,000 honest, hard-working Americans able to make ends meet, but also to put and some people know him, he is the lost their jobs. That is the danger of fairness into the law itself and have it president of Godfathers Pizza, a re- playing this class warfare game. make common sense. markable human being, and I asked I think we have to talk in the terms Mr. Speaker, it does not make com- him that question about capital gains, that President Kennedy talked about mon sense if the dollar has gone down and I asked him what kind of tax pack- over 30 years ago. He said a rising tide in value such that your investment is age would benefit low- and middle-in- lifts all boats. When he cut marginal really not worth anything more, but come people the most. And you know tax rates across-the-board, guess who then for the Federal Government to what he said? Whatever tax package benefited the most? People with the come along and tax you on that; well, lowers total taxes the most. highest incomes. But in the end who my colleagues, let me tell you, you can really benefitted in terms of more jobs, end up losing money on your invest- b 1515 more economic activity, and a faster ments if the government is going to eat He said, do you know why? He said, growing economy? It was people who away all of it, even the gains that have because wealthy people already have needed the jobs worse. been made purely on inflation. Your all the toys they want. They already President Kennedy understood the purchasing power can go down, and have the boats. They have the Gulf- principle of a rising tide lifting all what happens when you live in a coun- stream IV’s, they have lots of toys. So boats. Unfortunately, there are Mem- try like that where they are taxing you if they have more of their money to bers of this body today who seem to on everything and taxing you on your spend, particularly as they sell invest- think that if you cannot pick winners taxes, well, people will not make in- ments, guess what they are going to and losers you should not do anything vestments, and then you will not cre- do? They are going to reinvest it. They to try to improve the state of every- ate good, high-paying, quality jobs, and are going to invest it in new businesses body. I think that is wrong. I think then we all suffer. and new opportunities and new job op- there are people here who unfortu- So we want a Tax Code that makes portunities for people who need them nately have gotten into this game that sense, we want a Tax Code that is fair, the most. there always have been to be losers and H5818 CONGRESSIONAL RECORD — HOUSE July 25, 1997 we must always defend the losers. That system under the earned income tax small step a few weeks ago with the is simply not true. We have to talk credit or the per child family tax cred- Mars Pathfinder, an incredibly success- about expanding the pie for everybody. it. Give them the best of both worlds. ful mission, a mission that was If we do, the American people under- They could choose one or the other. launched from Cape Canaveral in De- stand this. I think that is a reasonable com- cember of last year, and it arrived at If the gentleman could put up this promise. I would hope that the con- the red planet, a successful landing of last chart, I know the gentleman wants ferees would at least look at something the Mars Pathfinder vehicle shown to talk a little bit about the space like that to try and break this impasse, here in this diagram, or this is actually race. There is an awful lot of cynicism, so that for the first time in 16 years we a photograph of Mars. This is a photo- Mr. Speaker, and I absolutely under- can actually provide working families graph taken of the Sojourner, the vehi- stand it. A lot of times I tell people on with real tax relief. cle that is able to go out and explore my money it does not say, ‘‘in Repub- I know the gentleman wants to talk around on the planet. licans we trust,’’ it does not say, in a little bit about, and I want to give Mr. Speaker, I want to also show this ‘‘Democrats we trust,’’ it does not say the gentleman a compliment, because very, very interesting photograph. The ‘‘in Congress we trust.’’ It says ‘‘in God he represents Cape Canaveral and the Sojourner rolled off of the Mars Path- we trust.’’ I do not ask people to trust space industry down there, and the finder and then turned around and took me, but I do ask them to trust them- gentleman does it very admirably. Here a picture of the Mars Pathfinder, and selves. recently we have heard a lot of inter- here we can see the Mars Pathfinder, What we have put on here, and I hope esting news about the space program, and these bags that are around it are people can see this chart, if they want both with the Mir Space Station that actually deflated balloons. to know how much this tax package is up there circling now, and we all The way that Pathfinder landed, once will benefit them, we have a couple of hope and pray that that turns out for it came into the atmosphere balloons web sites where people can actually the better, but more interestingly, all around the Mars Pathfinder blew call it up on their computer. There is a what has been happening on the planet up, and the thing actually bounced on GOP tax calculator, and hopefully they Mars. the surface something like 20 times and I know the gentleman has some great can see that on their television. People then came to rest. Slowly the air was pictures that have come back from can actually calculate the tax relief for let out of the balloons, and the thing NASA, and I yield to the gentleman to themselves: What does this package opened up and out goes this rover. mean to me? discuss some of those projects that are currently going on at Cape Canaveral Here we can actually see in this pho- Do not worry about what it might tograph the tracks that the rover made mean to some wealthy investor who and with NASA in general. I yield to the gentleman from Florida. in the surface of the planet. So it is a may sell a large investment. Obviously fascinating vehicle. It is a tremendous they may get a tax break. But what Mr. WELDON of Florida. I thank the gentleman for yielding, and I thank success, something I think that every- people really want to know is, what body at NASA can be proud of, particu- will it do for me? What will it do for him for being a space supporter. I know he has been fascinated by some of these larly the people at JPL. my family? If people look at this in issues. those terms, they will decide it is a fair f I want to talk a little bit about our tax package, it is good for them, it is Nation’s space program and the tre- good for their family, and it helps them ANNOUNCEMENT BY THE SPEAKER mendous asset it is to America. We are PRO TEMPORE to save and invest for their future as a great Nation, 275 million people, 50 well as take care of their kids. I am States, from sea to shining sea. It is a The SPEAKER pro tempore (Mr. very proud of this tax package. very variegated fabric of what makes BURR of North Carolina). The Chair Let me say one other thing. I have up America. There are many great would remind all Members to refrain just written a letter to the gentleman things that make our Nation great. Our from references to occupants of the from Texas Mr. BILL ARCHER. The number one asset is obviously our peo- gallery. President and some of his friends are ple and the people who make up so f saying this gives too much tax benefits many of the great industries and insti- to the rich, and there are families at tutions. FOREIGN POLICY ISSUES the lower-income levels who are work- Of course, the space program has ing but yet would not receive tax relief been getting a lot of attention lately, Under the Speaker’s announced pol- under this package. What we have done particularly as it relates to exploration icy of January 7, 1997, the gentleman is send a letter to the gentleman from of Mars. I wanted to talk a little bit from New Jersey [Mr. PALLONE] is rec- Texas Mr. BILL ARCHER, and this is about that. ognized for 60 minutes as the designee from a recommendation from a gen- Our space program is something that of the minority leader. tleman who called in on C-SPAN. truly fascinates our children. Teachers Mr. PALLONE. Mr. Speaker, I would He said, ‘‘I understand what the Re- in my district tell me, if you want to like to use my time today, and I do not publicans are saying, only people who get kids excited about math and plan to use it all, but I would like to pay taxes are going to get tax relief. science and just why it is important use the time that I have today to dis- But I kind of understand what the and how it applies, just start talking cuss some foreign policy issues. The President and some of the Democrats about the space program and you will first relates to south Asia and to India are saying, too, and that is there are get their attention. in particular. teachers just starting out, fire fighters Why is that? I think there is some- I am the cochair of the India Caucus, just starting out. Under the Republican thing that burns in the heart of every and very much a supporter of the ef- plan they would not get much tax re- human being, not just every American forts by the Prime Ministers of India lief.’’ but every human being: a sense of curi- and Pakistan to bring their countries He offered what I think is a simple osity, what is our destiny. We all know closer together, pursuant to the so- and sensible compromise solution. He we have explored the world. There is called Gujral Doctrine, which is named said, ‘‘Why do we not just say, let each much more to explore in this world, after the current Prime Minister of family decide which package gives but we also know that much of it has India. them the best bang for the buck?’’ In been explored. Progress is being made by the two other words, if right now they get a What is man’s destiny? Is it just to countries towards a peaceful settle- better deal under the earned income reside here on planet earth, or is it to ment of their differences, as well as im- tax credit, they could take that. On the reach out and truly grasp the stars, to proved economic and trade relations, other side, if they thought they got a go to other planets, to visit other stars, and a big part of this has been the dis- better bargain under the per child tax to explore new worlds, to some day col- cussions that have been held between credit that the Republican conference onize other places in the universe? the Prime Ministers and between offi- committee has worked out, they should If I could quote Neil Armstrong, his cials in India and Pakistan at a level take that. They could either have the ‘‘one small step for man,’’ we had a lower than the Prime Minister level. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5819 But this progress is really one of the tion gave Pakistan an opportunity to beginning to express itself again as a major reasons why I am concerned and make an important choice. Pakistan result of this amendment that was very worried about a Senate initiative, could either work with the United passed in the Senate. And I find it in- an initiative by the other body that States and cap its nuclear program, or teresting that when India allegedly de- tilts, in my opinion, U.S. foreign policy ignore the Pressler amendment and ployed the Prithvi missile, the United again in favor of Pakistan and against continue with its nuclear weapons pro- States quickly denounced the deploy- India. gram. ment. Yet when Pakistan continues to Mr. Speaker, I want to express today develop its nuclear program with the b 1400 my strong opposition to an amendment aid of the Chinese, we turn the other that was passed in the other body, in Unfortunately, Mr. Speaker, Paki- way. In fact, we reward them with aid. the Senate last week, to the foreign op- stan chose the latter course. In 1995, Mr. Speaker, if we desire a peace in erations appropriations bill, that lifts just 2 years ago, Congress amended the South Asia, we must work equally and existing United States restrictions on Pressler amendment with the so-called fairly with all countries in the region. military and economic assistance to Brown amendment that allowed 370 This amendment passed in the other Pakistan. This amendment would allow million dollars’ worth of previously body does not do this. for the resumption of the Overseas Pri- embargoed conventional weaponry to I know we are going to have discus- vate Investment Corporation, the be transferred to Pakistan. sions, we are going to have a vote here International Military Education and Mr. Speaker, it is important to note in the House next week on our foreign Training Program, the Trade and De- that Pakistan did not agree to do any- operations appropriations act. That velopment Assistance, as well as the thing in exchange for the equipment bill will go to conference with the bill democracy-building programs such as and no conditions on its nuclear pro- that passed the other body. My hope is, the National Endowment for Democ- gram were imposed. Why do we keep and I will certainly work toward tak- racy in Pakistan. rewarding Pakistan when it continues ing out the amendment that was These restrictions were imposed by to work against our interests? passed in the other body in conference the Glenn–Symington amendment a Nearly all of Pakistan’s nuclear pro- so that when the conference bill even- few years ago, which restricted the de- gram is for military use with very lit- tually comes back to the two Houses, livery of aid and bilateral programs to tle attention toward infrastructure and it does not include that amendment. I Pakistan because of Pakistan’s contin- civilian use. In fact, in 1986, China and think that it is an amendment that ual development of a nuclear weapons Pakistan signed a nuclear cooperation again tilts United States foreign policy program. The restrictions were in place agreement. The details of that agree- toward Pakistan, is not helpful in the due to Pakistan’s externally aided nu- ment are not known although intel- overall effort to bring peace to the clear weapons program. ligence reports show that the agree- South Asia region and basically should What is troubling to me, Mr. Speak- ment includes the transfer of nuclear not survive the conference, if there is er, is that the Senate repealed the weapon technology in both the design anything that we can do in this House Glenn–Symington amendment among of weapons and the enrichment of ura- about that. reports that Pakistan has recently nium fuel. Mr. Speaker, I would like to turn fired and tested a Chinese-built M–11 Mr. Speaker, we have to be very care- now to another matter that is also im- missile, or an indigenously developed ful. We cannot allow this amendment, portant in terms of United States for- medium-range missile similar to the passed last week in the other body, to eign policy toward India. When I vis- M–11. United States intelligence re- be viewed as support for Pakistan’s nu- ited India earlier this year, I had the ports that Pakistan is building or has clear program. Very little information opportunity to talk to the then-Prime built, with the aid of the Chinese, a exists with regard to Pakistan’s nu- Minister Gowda, who expressed contin- missile factory. These missiles can clear program. Command and control ued concern that the United States has carry nuclear devices. This factory is systems that manage Pakistan’s nu- not prioritized India as part of its for- not subject to international inspection. clear program are vague and really eign policy. Mr. Speaker, for those familiar with Mr. Gowda stressed that an impor- nonexistent. Pakistan’s nuclear program, it is well tant gesture could be made in that re- A leading American think tank has known that for several years Pakistan gard if President Clinton was able to stated that the primitive state of the has moved forward with an aggressive travel to India in conjunction with the Pakistan arsenal suggests that any program of acquiring nuclear tech- 50th anniversary celebration which be- Pakistan nuclear response could be nology and weapons delivery systems, gins this August 15. There are many haphazard and ill-managed. That is as well as providing arms and training members of our congressional caucus from the Institute for National Strate- to rogue nations and terrorist groups. on India, including myself, that have gic Studies, a strategic assessment The intent of the Senate action last contacted the White House over the from 1997. week may have been, I hope that was last few months in order to convince Furthermore, this amendment may the intention, but may have been to the President that he should travel to hinder the progress, this Senate encourage Pakistan to cap its nuclear India this year. We know that the amendment may hinder the progress program. However, I would contend White House has given serious consid- that history has shown otherwise. In that has been made by talks between eration to this request, and we want to 1985, United States intelligence re- India and Pakistan over the last 6 reiterate our plea collectively today ported that Pakistan was receiving months. This is really what I am con- now that August 15 is drawing close. United States arms and was simulta- cerned about. The majority of our 90-member India neously developing a nuclear weapons I talked in the beginning about the caucus signed a letter today to the program. In response, and with the sup- Gujral doctrine and how these two President, and I would like to just take port of Pakistan, Congress in 1985 en- countries are now working together to- some time now to read that letter for acted the Pressler amendment, to deny ward peaceful solutions. This amend- my colleagues. assistance to Pakistan if the President ment passed in the other body, I think, It says, Dear Mr. President, as mem- could not confirm that Pakistan did could hinder these talks, because the bers of the congressional caucus on not have or was not developing a nu- Indian Government has already stated India and Indian Americans, we urge clear device. on the record that in light of the cir- you to visit in India next month to cel- But later, in 1990, a few years later, cumstances India will take the appro- ebrate the 50th anniversary of India’s United States intelligence found via priate steps to safeguard India’s secu- independence. overwhelming evidence that Pakistan rity. The United States and India, the did indeed have the bomb. The Bush ad- What is happening is that the tradi- world’s two largest democracies, have ministration at the time invoked the tional tilt toward Pakistan in United many areas of common interest that Pressler amendment and restricted States foreign policy, which so many of have not been developed to the degree United States aid to Pakistan. us in the India caucus have been trying that they could be. The end of the cold The invocation of the Pressler to reverse so that the United States is war, combined with the historic open- amendment by the Bush administra- not partial toward Pakistan, this tilt is ing of the Indian economy, forced us to H5820 CONGRESSIONAL RECORD — HOUSE July 25, 1997 significantly reassess our strategies Mr. Speaker, while I recognize that publican parties. This was documented and priorities with regard to Asia. our President must from time to time in a recent front page story in the There is substantial room to build on receive foreign leaders with whom we Washington Post. Basically what the the current Indo-U.S. partnership and have differences, in the case of the Post described is an effort, a big money the political, diplomatic, economic, visit of President Aliyev, I have grave influence effort being driven by oil and security spheres. reservations based on both the past ac- money. In this case Azerbaijan has Under the auspices of our India cau- tions and the current policies that Mr. proven oil reserves in the Caspian Sea cus, we have had a number of opportu- Aliyev has pursued and is pursuing. basin off Azerbaijan, some of the rich- nities in the past few years to interact I would hope that this visit would est oil reserves in the world. And many with leaders from India’s Government offer an opportunity for our President U.S. oil companies are interested in and private sector. Further, some of us and our administration to express our getting into this region. have had the opportunity to travel to concerns about the lack of democracy I want to stress that I have no prob- India recently. These direct contacts and basic rights and freedom in Azer- lem seeing these petroleum reserves have convinced us that relations with baijan. I would especially hope the developed. Indeed, I would encourage India must take on a far greater promi- message would be sent to President construction of an oil pipeline from the nence in United States foreign policy Aliyev in no uncertain terms that Caspian Sea to the Mediterranean via considerations as we move toward the Azerbaijan should immediately lift its Armenia. That would actually improve 21st century. blockades of Armenia and Nagorno- cooperation and the economic pros- At the same time we have seen that Karabagh. pects of the entire caucuses region. the Indo-U.S. relationship has at times Finally, I hope that President Clin- But, Mr. Speaker, the big problem been strained, often unnecessarily so, ton would stress to President Aliyev that many of us have is that these oil and owing in many cases to the lack of American support for a freely nego- companies and the former top United a firm foundation in relations between tiated settlement of the Nagorno- States Government officials that are our two great nations. Karabagh conflict that recognized the working for their interests are essen- Although many Americans may not self-determination within secure bor- tially lobbying for United States for- recognize it, there is a rich tradition of ders of the people of Nagorno- eign policy to ignore the unacceptable shared values between the United Karabagh. behavior of Azerbaijan in order to States and India. Just as the United I am circulating a letter, Mr. Speak- curry favor with the regime and gain States proclaimed its independence er, today that I have circulated today access to the oil reserves. from the British colonial order, so was when we were in session, along with Mr. Speaker, on the eve of President India born of the struggle for freedom my colleague, the gentleman from Illi- Aliyev’s visit, I want to inform our col- and self-determination. India derived leagues about the type of leader this nois [Mr. PORTER]. We are the cochairs key aspects of her constitution, par- of the Armenia caucus. Our letter to man is. The reason that so many of us ticularly its statement of fundamental Pakistan expresses our concerns about oppose his coming here and are con- rights, from our own Bill of Rights. cerned about what it means is that he The Indian independence movement, the visit of President Aliyev. Most of the members of our House is coming here on a state visit, that under the inspired leadership of Ma- Caucus on Armenia have signed the let- Aliyev has a long record of human hatma Gandhi, had strong moral sup- ter, and I would hope, I sincerely would rights violations that date back to his port from American intellectuals, po- hope that we can make something posi- four decades as an official of the Soviet litical leaders, and journalists. In turn, KGB. During the 1960’s, he orchestrated tive come out of this visit by President Dr. Martin Luther King, in his struggle the depopulation of Armenians from Aliyev. Unfortunately, Mr. Speaker, I to make the promise of American de- their homes in Nakhichevan. mocracy a reality for all of our citi- am afraid that the direction which U.S. As the Communist party leader of zens, derived many of his ideas of non- foreign policy is headed in the caucuses Azerbaijan during the 1970’s, he vio- violent resistance to injustice from the region does not bode well for the posi- lently suppressed all nationalist and teachings of Gandhi. Thus we see a tive outcome that we seek. democratic dissent. His ardent support, The United States is in a unique posi- clear pattern of Indian and American and I stress his ardent support, for the democracy inspiring and enriching one tion to be able to bring about a fair Soviet invasion of Afghanistan earned another at every historical turn. settlement of the Nagorno-Karabagh him a seat on the Soviet Politburo August 15 marks this historic occa- situation and to help promote the long- under Leonid Brezhnev where he served sion. A visit by an American President term security and economic develop- until he was removed by Mikhail is long overdue. The last President to ment of that region. But that is not the Gorbachev in 1987, for having engaged visit India was the Honorable Jimmy way things are going. in widespread corruption. Carter. There is no doubt in our minds The OSCE, the Organization for Se- Since his return to power through a that a visit by an American President curity and Cooperation in Europe, es- military coup in 1993, President Aliyev will improve and strengthen relations tablished the Minsk conference to me- has suppressed democracy in Azer- between the world’s two largest democ- diate a settlement of the Karabagh baijan and committed widespread vio- racies. conflict. The United States, along with lations of human rights in that coun- Mr. Speaker, this was signed by over France and Russia, is a cochair of the try, which have been documented by 60 Members today alone. Many of us Minsk group. However, I am concerned the State Department. really feel very strongly that it would that the United States not use its posi- I am also concerned that this visit to be a great thing if Pakistan could take tion to force a settlement that does not Washington by President Aliyev at this the opportunity, either by August 15 or allow Nagorno-Karabagh to adequately critical stage in the negotiations over sometime after August 15, in this year protect its land and its people in the Nagorno-Karabagh threatens to harm of independence, which begins August future. the peace process by undermining con- 15, to visit India as a gesture, an im- I am working with my colleagues to fidence in the role of the United States portant gesture really, of its priority bring an official from the administra- as an impartial mediator. in terms of United States foreign pol- tion, the State Department, to come up Many of my colleagues know that icy. to the Hill next week, hopefully to section 907 of the Freedom Support Act Mr. Speaker, I would like to turn bring us up to date on the status of ne- prohibits direct United States Govern- now to another foreign policy issue to gotiations and for us to have an oppor- ment aid to Azerbaijan because of the a different part of the world. I would tunity to impress upon the State De- Assyrian blockade of Armenia and like to basically take this opportunity, partment the importance we attach to Nagorno-Karabagh. if I could, to express my opposition to the self-determination of the people of The administration continues to ad- a state visit that will occur next week, Nagorno-Karabagh. vocate against section 907 and this fur- a state visit to Washington, to the Mr. Speaker, Azerbaijan has some ther reinforces the Azerbaijani percep- President, to the Congress, that will pretty powerful allies in its corner, in- tion that the United States, since the occur next week by President Aliyev of cluding former top administration offi- most recent OSCE summit in Lisbon the Republic of Azerbaijan. cials from both the Democratic and Re- has tilted toward Azerbaijan. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5821 What we are saying, Mr. Speaker, is about our Republican tax package and and that desire that beats in the hearts that this visit, this state visit by Presi- how it was going to help working fami- of all people, and particularly all dent Aliyev now could serve to encour- lies, and I talked at great length about Americans, I think, is encapsulated in age Azerbaijan to further harden its a particular working family in my con- our space program and what our space negotiating stance in negotiating a gressional district that was going to be program is. peaceful settlement of the Karabagh helped tremendously by our tax pack- We have had tremendous successes. conflict. age. Of course, we began with the Mercury This encouragement is particularly It was going to help them in many, program and the early astronauts, one dangerous given President Aliyev’s many different ways. The $500 per child of whom is a Senator in the other body pattern of unacceptable behavior in- tax credit was going to help them, be- to this day, and then it continued with cluding his use of oil as a weapon cause they had three kids, and it was the Gemini program, and, of course, on against Armenia and Nagorno- going to give them an extra $1,500 a to the Apollo program, something that Karabagh, his blockades of Armenia year. But probably also, more impor- all schoolchildren today learn about, and Karabagh, his rapidly expanding tantly, the education tax credits were how the United States took part in the military capabilities, his threats of going to help them to be better able to great space race with the Russians and force and intimidation tactics and his send their kids to college. we were able to succeed and win and refusal to negotiate directly with the This is the Auger family I was talk- get to the moon first. democratically elected representatives ing about, and they had one young man But now we are in a new era, a new of Nagorno-Karabagh. 15 years old, their oldest son, college era of space exploration, and I wanted Mr. Speaker, I just wanted to say, in material, and they were looking at to talk a little about that. I have some conclusion, that I would urge my col- some very, very serious financial really wonderful photographs I wanted leagues to join the gentleman from Illi- strain. They had a family income of to show. This, of course, is a photo of about a little less than $40,000 a year, nois [Mr. PORTER] and me in letting our space shuttle, the current reusable President Clinton know of our concerns but trying to raise three kids and send launch vehicle that we use to bring about his upcoming meeting with them to college was a real strain. men and women up into space. I was pleased to get up and to be able President Aliyev and to push our State It has been a tremendously successful to talk about them, but I did want to Department toward a fair solution to program. For those who have never talk a little more about our Nation’s the very difficult Nagorno-Karabagh seen one take off, I would highly en- space program. I represent an area of conflict. courage all Americans to try to get our country that most people have Mr. Speaker, I was in Armenia and in down there to the Kennedy Space Cen- heard a great deal about. We call it in Nagorno-Karabagh earlier this year ter area for a launch. You cannot get the Space Coast of Florida. It is where any closer than 3 miles, but even at 3 and believe me, there are no countries Cape Canaveral and Kennedy Space and no people that are more supportive miles away, when this thing takes off, Center is located. your shirt actually shakes from the of the United States and love and see We have a lot of men and women in power of the thing taking off. the United States as such a great ex- our community that work in our Na- It is 11 million pounds of thrust put- ample of democracy and a market tion’s space program, and I wanted to ting this thing into orbit, and what is economy. rise today and salute them and talk amazing about it, it is the only reus- b about the role that they have played in 1545 able launch vehicle. It comes back, really forming a whole part of our Armenia and Karabagh are Demo- lands on a runway, and then can be American fabric. cratic nations. They are capitalistic We are a great Nation, extending reconfigured and restacked and cycled nations. They really honestly believe from the bustling cities of our North- again, and they go up and they come that we are on their side. And we east to the beautiful beaches of South- back. What is truly amazing about this should be. Because they are on the side ern California, from the beautiful program is not only the amazing tech- of what is right. They simply want to northern Pacific coast to our sunny nology of the program, but that this is retain their own independence, their beaches in Florida. actually 25-year-old technology. own freedom and exercise their own There is a lot that goes into making What I think is very, very exciting is self-determination. up America and what makes this Na- a program that we are working on I think the U.S. policy should at tion the great Nation that it is, and a today in NASA, which is the new reus- least be neutral in this conflict. Unfor- big part of it, in our modern era, is our able launch vehicle. And I wanted to tunately, there are many indications Nation’s space program, and it is some- take a little time to talk about this that it is not, and particularly our con- thing that all Americans, I believe, are program, because it is really in its in- cern and my concern is that President very proud of. fancy, but this artist’s rendering of Aliyev’s visit is going to give the im- What we have today was really built what it will look like, I think, encap- pression once again that the United on a lot of the hard work of the people sulates it very nicely. States and our State Department tilt that began the program, the early pio- This shows the new replacements for towards Azerbaijan. neers, so to speak, in our Nation’s the shuttle that we are currently doing But we will continue our efforts to space program. One important point I the early design work and engineering raise the issue and to make sure that want to make is these people were risk- on, and it shows, obviously somewhere the United States takes a neutral posi- takers. We all know some of the hard- over our desert West, maybe California tion with regard to negotiations over ships and, indeed, that actually people or Arizona, hypothetically coming in Karabagh and, hopefully, we will be have lost their lives in our Nation’s for a landing. Because it would take off heard at the White House and in the space program. So going up in space going straight up, the vehicle would State Department, if not now at some and exploring space has its risks. But I then land on a runway like our current point in the future. believe it is well worth the price. shuttle does. f I think there is something that beats The important thing about this is in the hearts of every human being, not that the whole idea with the new reus- THE SPACE PROGRAM just Americans but all people all over able launch vehicle to replace the The SPEAKER pro tempore (Mr. the world, but particularly Americans, space shuttle is to reduce the costs of PEASE). Under the Speaker’s an- because we are a nation of pioneers. We putting payloads into orbit. Even nounced policy of January 7, 1997, the all, except for our native Americans, though the shuttle program is a tre- gentleman from Florida [Mr. WELDON] we were all raised with the knowledge mendous success, it is still costly to go is recognized for 60 minutes. that our parents came to this country. up into space. It actually comes down Mr. WELDON of Florida. Mr. Speak- They were either brought as slaves or to about, I believe it is $10,000 a pound er, I rise again to talk about our Na- their ancestors came from Europe or for each pound that we put up into tion’s space program. I rose earlier in a from Asia. orbit. That is a considerable cost. special order with the gentleman from We are a nation of pioneers, people So our idea here in the Congress and Minnesota [Mr. GUTKNECHT] to talk who ventured out into the unknown, the Senate, and the President supports H5822 CONGRESSIONAL RECORD — HOUSE July 25, 1997 this program, is to come up with new there are problems with trying to work importantly, will be dramatically re- technologies and new designs for a new with them in the gravitational envi- ducing the cost of getting payloads vehicle to replace our Nation’s space ronment here on earth. But because of into orbit. And that will have a tre- shuttle that, hopefully, we can deploy the weightlessness of the space station, mendous number of additional spin-off sometime in the next decade and, most they will be able to do tremendous benefits. I want to talk a little bit importantly, that it would reduce the amounts of additional research in this about that. cost of getting payloads into orbit by a area, particularly in the area of crystal Why do we want to reduce the cost of factor of ten, reducing the costs from growth and understanding molecular getting payloads into orbit? Well, there $10,000 per pound down to $1,000 per structures better. So this has the po- are a lot of reasons. One of them is to pound. tential of tremendous benefits for peo- be able to better service the space sta- This could create a tremendous revo- ple all over the world. tion. But there are a lot of new, excit- lution in space travel. It would allow This shows the space station orbit- ing technologies that are coming for- us to put satellites in orbit more ing, and it is going to be orbiting at ward that could have tremendous bene- cheaply. It would also allow us to put about 200 miles above the surface of the fits for people on Earth, and one of men and women in orbit at a lower Earth. And I believe it is showing the them is in the area of power genera- cost. space station orbiting over Greenland, tion. And I wanted to just talk a little I want to talk a little about that, be- I believe is what that is supposed to be. bit about that. cause we have another very exciting We can see those solar panels here. program that is well ahead of this pro- They will be generating the electricity We all know we are very, very de- gram. This program will be on line, to run the environmental systems that pendent in our modern society on elec- hopefully, sometime later in the next provide oxygen and clean the carbon tricity. Electricity is critical for not decade. We have a program called the dioxide out of the system, but as well only our lighting and heating and run- international space station that I provide the lighting and the cooling ning air conditioning systems, but, as wanted to talk about and share with and the heating systems. But addition- well, it is critical for industry. Every those listening. ally, these solar panels will generate business runs on electricity. We all This is an artist’s rendering of the fu- the electricity for the labs that will ac- know that there are basically three ture international space station. This tually do the scientific research. sources of electricity. Hydroelectric is a tremendously exciting program. power, of course, is a clean and non- b 1600 Most people are aware of the Russian polluting way to get electricity. But space station that is up there right You can see here, this module right we rely predominantly on power gen- now, it is called the Mir. It has been up here shows the European research area, eration from burning fossil fuels and there for many years. There have been and this module over here shows the from nuclear power. recently some serious problems with Japanese research area. You cannot There are two major concerns that the Mir, and it is probably ready for re- really see it very well, but the U.S. are involved with both of those power tirement now, but it most certainly module is back in here where the U.S. sources. One of them is greenhouse will be ready for retirement soon. scientists will be doing their research. gases and burning fossil fuels and burn- What we have in the international As somebody who has followed the ing oil and burning coal, it puts a lot of space station is an effort to have our shuttle program very closely and the carbon dioxide into the atmosphere. international partners, the Europeans, tremendous amounts of scientific re- And the potential long-term con- the Japanese, the Canadians, and as search that have come out of the shut- sequences of that are of concern to ev- well the Russians, come together and tle programs, what amazes me is the erybody, the impact on the environ- form a consortium to truly build a true amount of breakthroughs they have ment, the possibility that it could international space station that would made in science and our understanding cause temperatures on Earth to rise have people from different countries of technology. But the shuttle was only slowly over time exists. participating in. up there for 2 weeks. But in this pro- And then, of course, with nuclear This program is so exciting for so gram, the astronauts doing the re- power, there is the concern about what many reasons, and I wanted to talk search will be able to be up there for do we do with the spent nuclear fuel. about that a little bit. One of the big- months and months at a time. After the fuel has burned and gen- gest reasons, I think, why it is so excit- Indeed, this is projected to be orbit- erated electricity in the nuclear power ing is the tremendous amount of re- ing above the Earth for more than a plant, what do you do with that nu- search that will be possible on the decade, a decade and a half, possibly clear waste? Nobody wants it in their space station. longer. So this is one of the ways we backyard. Well, there is another solu- I am a physician. Prior to being are heading in our space program, a co- tion available and that, of course, is elected to the Congress, I practiced operative effort. There are some prob- solar power. But solar power has had medicine, and I was able to see on a lems that lie ahead with the space sta- its problems. One of the problems with daily basis the spin-off benefits of our tion program. In particular, I want to it is just weather. If we put solar pan- space program in terms of helping peo- talk a little bit about the Russians. els on our roof, we can generate a lot of One of the critical partners in the ple on earth. I took care of a lot of electricity, but not on cloudy days. heart patients, people with cardiac program are the Russians. And they conditions, for example, and the tech- have not been paying for their compo- Another problem area is we cannot nologies that we use in things like nents that go into the Space Station. I generate electricity at night with solar pacemakers, in imaging technologies, have been asking the administration, power. Well, it turns out that the tech- like used in the cardiac catheterization particularly the Vice President, to do nology is available to us today to put lab, as well as imaging technologies their best to try to work with the Rus- solar collectors up in space and to gen- like MRI scanning and CAT scanning, sians. I went over to Russia in Feb- erate electric power up there and to these are all spin-off benefits of our ruary of this year to meet with the transmit that electric power to Earth, space program. Russians and talk with them about the using microwaves, and then collecting There have been a tremendous num- importance of them having the finan- those microwaves on the surface of the ber of other spin-off benefits, such as cial resources to continue to invest to Earth using a special type of antenna breakthroughs in material science. make sure that our space station pro- called a rectifying antenna, or What is very, very exciting for me as a gram is a success. rectenna, and then converting it back physician about the kinds of research But to just get back to the next re- to electricity. that can be done on the space station is placement to the space shuttle, the re- One of the first concerns everybody is the tremendous breakthroughs that are usable launch vehicle, or RLV, as it is worried about when they hear about a potential to be made in the area of shown, or X–33 shown in this picture, this is, are not those microwaves going pharmaceuticals. someday the shuttle program will be to be dangerous? Well, it actually turns Because so many of the new drugs phased out in the future and, hopefully, out they will have only 25 percent of that they want to design and develop, this will be replacing the shuttle and, the energy of sunlight. So actually a July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5823 bird could fly right through the micro- would be like to possibly send a man to would be able to succeed. But he knew wave beams and it would have abso- the Moon. And this involves using new that there were going to be risks. lutely no effect on them. So they are technologies that are being researched b 1615 very environmentally friendly. right now at NASA. This would be a It turns out that one of the problems habitation module. This right here Mr. Speaker, today we are at that with putting solar collectors in orbit is would possibly be a module where you same kind of a threshold. We are on the gradually over time they will tend to would actually grow possibly plants in verge of getting our international descend down into the atmosphere, so a controlled atmosphere; because the space station up and running. We are you have to keep reboosting them. But atmosphere out here is mostly carbon on the verge of a newer, less expensive, an efficient way to do it would be to dioxide but you could create an envi- more efficient replacement vehicle for actually put the solar collectors on the ronment inside a plastic shell like this the shuttle. There is the possibility of Moon. where you would put oxygen and you returning to the Moon, of going on to In this photo that I show here, it would possibly be able to grow plants Mars. But yet there are always people shows people, men and women, working to be able to feed the men and women in this body rising up and saying, ‘‘No, on the Moon, possibly in some kind of that would be working in this environ- no, no, we shouldn’t do it, we should a base that would be doing something ment. And this, of course, shows what spend money elsewhere on something like collecting solar power. And there would be their return vehicle. Is this else.’’ There were people back then dur- are scientists in this country today practical? Can we do it? ing the Jefferson administration who who believe that not only is the tech- Well, there are some people who were saying the same exact thing: nology here and available now but that argue that it would be just too expen- ‘‘Let’s not do it.’’ if we are willing to make the invest- sive. There are some people who have I want to talk about one other aspect ment, that we could actually produce argued that a trip to Mars could cost of that book that I found fascinating. electricity for less money than what it as much as $500 billion and, therefore, Not only were there Congressmen who costs. Indeed, some argue that it could it is just too prohibitively expensive. did not want to fund the program, that be as cheaply as 3 cents a kilowatt. Well, recent research has shown that did not think we should be going forth This is why we need to develop a re- it may be possible to do it for substan- into the unknown, but the program ran placement for the shuttle that reduces tially less, possibly as little as one- over budget. When it ran over budget, the cost of getting payloads into orbit, tenth that cost. And this is why it is so there were those who were harshly and this is why we need to learn by important, I believe, for the coopera- critical of the Lewis and Clark expedi- working in space and our space station tive effort like we are seeing with the tion. Such is the case today. Every about what are the problems associated international space station. If our time any one of these space programs with long-term exposure in space and international partners can come to- run even this much over budget, there what is it like to have to be able to gether and people like the Europeans, are people who come forward and say, construct something large like that in the Japanese, the United States, the ‘‘No, no, no, we need to end the pro- space; because the technology and the Russians, work together successfully gram, it’s not worth the cost, we need science will help us to possibly be able on the space station program, it may to turn back from the future.’’ That is to move on to something like this, ac- indeed be possible then afterwards for really what this is about, the future. It tually generating power in space and us to come together as a people from is about our kids. the potential benefits that this could all over the world and cooperatively I talked earlier this afternoon about have for all of mankind to be able to fund something like this so that we an amazing thing that teachers tell me produce more cheaply not only for the could be able to send a manned expedi- in my congressional district, that when United States but possibly for all peo- tion to Mars. they want to motivate children to ple all over the world and produce it We just do not know what we will learn science and math, the thing that without any pollution. find out, what we will discover. The motivates them the most is to talk But there is another aspect to space Mars Pathfinder sent an unmanned about our space program and to talk exploration that I want to talk about, rover vehicle to Mars, and we are dis- about how knowledge of science and and it is not just the practical side. I covering a lot from that. But imagine math can be applied in the space pro- have spent a lot of time this afternoon the tremendous amount of discoveries gram. It opens their eyes and it moti- talking about the practical applica- that we could make if we were able to vates them to get involved and be edu- tions of space exploration, the prac- send men and women to Mars driving cated more in those areas. Those are tical benefits of going up in terms of around in a vehicle like that, people crucial areas. Not every one of those breakthroughs in medical science and who could actually get out and look at kids who gets motivated is going to engineering and our understanding of the rocks and dig for things and try to end up working in the space program, technology. But there is just more to it discover. We have no idea what science but we all know that many of them than that. There is a desire, and I and technology breakthroughs could will be working in areas where science, talked about this earlier in my com- come from this and what we could engineering, math, and technology are ments, there is a desire that is burning learn as a people by exploring Mars and critical for the United States to be able in the heart of all people to explore and sending men and women to Mars. to continue to maintain and be the find out new things, to go places where I do not believe that is where it will world’s leader. I believe it is critical you have never been before. end. I believe Mars may just be one for us to continue to try to make these I want to talk a little bit about the more step. We went to the Moon. Some investments in the future. That is what possibility of going to Mars. We have day we may go on to Mars. Some day it is really about when we talk about heard a lot recently about Mars in the we may go beyond our own solar sys- space and exploring space. It is about news, the Mars Pathfinder mission and tem. We may be able to find other plan- our kids, it is about the future. the tremendous success that was and ets that potentially could be colonized Are we going to turn our backs on how important that was for a better by men and women. the future? Are we going to turn our understanding of Mars. We have And it all began back in the 1960’s. It back on exploration? The history books learned a great deal, for example, that began with a challenge, a challenge are filled with the stories of nations Mars indeed may have once had an at- made really by an American President, and peoples who turned their backs on mosphere much more like Earth’s and John F. Kennedy. And I wanted to just the future, who stopped exploring and that there may have been abundant dwell on something that he said that I stopped looking into the unknown. amounts of water. And one of the big think is very important. He said that Those nations no longer continue to questions, of course, has life evolved on we go to the Moon not because it is thrive and grow. I do not believe that Mars in some form, some microscopic easy, but because it is hard. He accept- will ever happen to the United States. form? Some day we may be able to go ed the challenge and knew it was going I believe there will always be a major- to Mars. to be difficult, but he also knew that if ity in this body that will continue to I wanted to show one more diagram. we applied ourselves and God’s will was support our space program and sup- This artist’s rendering shows what it with us and good fortune, that we porting the future. That is to so great H5824 CONGRESSIONAL RECORD — HOUSE July 25, 1997

a degree what our space program is Mr. BOB SCHAFFER of Colorado. lease of defense articles to Turkey (Trans- about, looking on ahead into the fu- Mr. MCINNIS. mittal No. 22–97), pursuant to 22 U.S.C. ture, taking the risks and willing to Mr. FARR of California. 2796a(a); to the Committee on International Relations. look on into the unknown. Mr. GOODLATTE. 4347. A letter from the Director, Defense f Mr. SOLOMON. Security Assistance Agency, transmitting Mrs. KENNELLY of Connecticut. the Department of the Air Force’s proposed REMOVAL OF NAME OF MEMBER Mr. PACKARD. lease of defense articles to Greece (Transmit- AS COSPONSOR OF H.R. 198 Mr. LANTOS. tal No. 23–97), pursuant to 22 U.S.C. 2796a(a); Mr. TOWNS. Mr. Speaker, I ask Mr. PORTMAN. to the Committee on International Rela- tions. unanimous consent that my name be Mr. MENENDEZ. 4348. A letter from the Director, Defense removed as cosponsor of H.R. 198. f Security Assistance Agency, transmitting The SPEAKER pro tempore. Is there the Department of the Air Force’s proposed objection to the request of the gen- SENATE CONCURRENT lease of defense articles to Turkey (Trans- tleman from New York? RESOLUTION REFERRED mittal No. 21–97), pursuant to 22 U.S.C. There was no objection. A concurrent resolution of the Sen- 2796a(a); to the Committee on International Relations. f ate of the following title was taken 4349. A letter from the Director, Defense from the Speaker’s table and, under Security Assistance Agency, transmitting LEAVE OF ABSENCE the rule, referred as follows: the Department of the Air Force’s proposed By unanimous consent, leave of ab- S. Con. Res. 40. Concurrent resolution ex- lease of defense articles to Turkey (Trans- sence was granted to: pressing the sense of Congress regarding the mittal No. 20–97), pursuant to 22 U.S.C. 2796a(a); to the Committee on International Mr. BLUMENAUER (at the request of OAS–CIAV Mission in Nicaragua; to the Committee on International Relations. Relations. Mr. GEPHARDT), for today, on account 4350. A letter from the Director, Defense of the death of a family friend. f Security Assistance Agency, transmitting Mr. MARTINEZ (at the request of Mr. BILLS PRESENTED TO THE the Department of the Air Force’s proposed lease of defense articles to Greece (Transmit- GEPHARDT), for today, on account of of- PRESIDENT ficial business. tal No. 15–97), pursuant to 22 U.S.C. 2796a(a); Mrs. MEEK of Florida (at the request Mr. THOMAS, from the Committee to the Committee on International Rela- tions. of Mr. GEPHARDT), for today, on ac- on House Oversight, reported that that committee did on the following dates 4351. A letter from the Director, Defense count of constituent business. Security Assistance Agency, transmitting present to the President, for his ap- f the Department of the Air Force’s proposed proval, bills of the House of the follow- lease of defense articles to Greece (Transmit- SPECIAL ORDERS GRANTED ing titles: tal No. 14–97), pursuant to 22 U.S.C. 2796a(a); By unanimous consent, permission to On July 9, 1997: to the Committee on International Rela- tions. address the House, following the legis- H.R. 173. An act to amend the Federal Property and Administrative Services Act of 4352. A letter from the Director, Defense lative program and any special orders 1949 to authorize donation of Federal law en- Security Assistance Agency, transmitting heretofore entered, was granted to: forcement canines that are no longer needed the Department of the Air Force’s proposed (The following Members (at the re- for official purposes to individuals with expe- lease of defense articles to Greece (Transmit- quest of Mr. BONIOR) to revise and ex- rience handling canines in the performance tal No. 13–97), pursuant to 22 U.S.C. 2796a(a); tend their remarks and include extra- of law enforcement duties. to the Committee on International Rela- neous material:) H.R. 649. An act to amend sections of the tions. Department of Energy Organization Act that 4353. A letter from the Director, Defense Mr. BONIOR, for 5 minutes, today. Security Assistance Agency, transmitting are obsolete or inconsistent with other stat- Mr. VENTO, for 5 minutes, today. the Department of the Air Force’s proposed utes and to repeal a related section of the lease of defense articles to Greece (Transmit- Ms. JACKSON-LEE of Texas, for 5 min- Federal Administration Act of 1974. tal No. 12–97), pursuant to 22 U.S.C. 2796a(a); utes, today. On July 14, 1997: to the Committee on International Rela- Mr. PALLONE, for 5 minutes, today. H.R. 1901. An act to clarify that the protec- tions. (The following Members (at the re- tions of the Federal Tort Claims Act apply 4354. A letter from the Director, Defense quest of Mr. DICKEY) to revise and ex- to the members and personnel of the Na- Security Assistance Agency, transmitting tend their remarks and include extra- tional Gambling Impact Study Commission. notification concerning the Department of neous material:) H.R. 709. An act to reauthorize and amend the Army’s proposed Letter(s) of Offer and the National Geologic Mapping Act of 1992, Mrs. LINDA SMITH of Washington, for Acceptance (LOA) to the United Arab Emir- and for other purposes. ates for defense articles and services (Trans- 5 minutes, today. H.R. 1226. An act to amend the Internal Mr. FOLEY, for 5 minutes, today. mittal No. 97–29), pursuant to 22 U.S.C. Revenue Code of 1986 to prevent the unau- 2776(b); to the Committee on International f thorized inspection of tax returns or tax re- Relations. turn information. 4355. A letter from the Director, Defense EXTENSION OF REMARKS f Security Assistance Agency, transmitting By unanimous consent, permission to notification concerning the Department of revise and extend remarks was granted ADJOURNMENT the Army’s proposed Letter(s) of Offer and to: Mr. WELDON of Florida. Mr. Speak- Acceptance (LOA) to the United Arab Emir- ates for defense articles and services (Trans- (The following Members (at the re- er, I move that the House do now ad- mittal No. 97–28), pursuant to 22 U.S.C. quest of Mr. DICKEY) and to include ex- journ. 2776(b); to the Committee on International traneous matter:) The motion was agreed to; accord- Relations. Mr. LATOURETTE. ingly (at 4 o’clock and 20 minutes 4356. A letter from the Director, Defense Mr. COBLE. p.m.), under its previous order, the Security Assistance Agency, transmitting Mr. HORN. House adjourned until Monday, July 28, notification concerning the Department of (The following Members (at the re- 1997, at 12:30 p.m. for morning hour de- the Army’s proposed Letter(s) of Offer and Acceptance (LOA) to the Taipei Economic quest of Mr. PALLONE) and to include bates. and Cultural Representative Office in the extraneous matter:) f United States for defense articles and serv- Mr. BLUMENAUER. ices (Transmittal No. 97–26), pursuant to 22 Mr. WEYGAND. EXECUTIVE COMMUNICATIONS, U.S.C. 2776(b); to the Committee on Inter- Mr. HASTINGS of Florida. ETC. national Relations. Mr. BLAGOJEVICH. Under clause 2 of rule XXIV, execu- 4357. A letter from the Director, Defense Mr. BENTSEN. tive communications were taken from Security Assistance Agency, transmitting notification concerning the Department of Mr. KLECZKA. the Speaker’s table and referred as fol- the Army’s proposed Letter(s) of Offer and Mr. THOMPSON. lows: Acceptance (LOA) to Turkey for defense arti- (The following Members (at the re- 4346. A letter from the Director, Defense cles and services (Transmittal No. 97–31), quest of Mr. WELDON of Florida) and to Security Assistance Agency, transmitting pursuant to 22 U.S.C. 2776(b); to the Commit- include extraneous matter:) the Department of the Air Force’s proposed tee on International Relations. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5825

4358. A letter from the Secretary of De- persons to use and sell encryption and to fornia, Ms. HARMAN, Mr. GOSS, Mr. fense, transmitting Semi-Annual Report on relax export controls on encryption; with an BASS, Mr. SANDLIN, Mr. WEYGAND, Program Activities to Facilitate Weapons amendment (Rept. 105–108 Pt. 2). Ordered to Mr. TURNER, Mr. FOLEY, Mr. PASTOR, Destruction and Nonproliferation in the be printed. Mr. COBLE, Mr. CALVERT, Mr. ISTOOK, Former Soviet Union, April 1, 1996 through Mr. HYDE: Committee on the Judiciary. Mr. BATEMAN, Mr. NEUMANN, Mr. September 30, 1996, pursuant to 22 U.S.C. H.R. 1953. A bill to clarify State authority to MCINTYRE, Mr. WALSH, Mr. GOODLING, 5956; to the Committee on International Re- tax compensation paid to certain employees Mr. FATTAH, Mr. PETRI, Mr. MCNUL- lations. (Rept. 105–203). Referred to the Committee of TY, Mrs. THURMAN, Mr. CONDIT, Mr. 4359. A letter from the Director, Office of the Whole House on the State of the Union. MURTHA, Mr. LIPINSKI, Mr. MCKEON, Public/Private Initiatives, International Mr. SMITH of Texas: Committee on the Ju- Mr. HINOJOSA, Mr. BONO, Mr. ENSIGN, Trade Administration, transmitting the Ad- diciary. H.R. 1348. A bill to amend title 18, Mr. ORTIZ, Mr. RAHALL, Mr. SPENCE, ministration’s final rule—International United States Code, relating to war crimes; Mr. SHERMAN, Mr. ROHRABACHER, Mr. Buyer Program (Formerly known as the For- with an amendment (Rept. 105–204). Referred KLUG, Mr. YOUNG of Florida, Mr. eign Buyer Program); Support for Domestic to the Committee of the Whole House on the FRANKS of New Jersey, Mr. LIVING- Trade Shows [Docket No. 970702162–7162–01] State of the Union. STON, Mr. WISE, Mr. ALLEN, Mr. received July 7, 1997, pursuant to 5 U.S.C. Mr. PORTER: Committee on Appropria- BACHUS, Mr. HYDE, Mr. SAM JOHNSON, 801(a)(1)(A); to the Committee on Inter- tions. H.R. 2264. A bill making appropria- Mr. FAWELL, Mr. HAMILTON, Mr. national Relations. tions for the Departments of Labor, Health SCHUMER, Mr. STUPAK, Mr. 4360. A letter from the Mayor, District of and Human Services, and Education, and re- RODRIGUEZ, Mr. KANJORSKI, Mr. PE- Columbia, transmitting the actuaries review lated agencies for the fiscal year ending Sep- TERSON of Minnesota, Mr. LARGENT, of benefit changes to the police officers and tember 30, 1998, and for other purposes (Rept. Mr. BARCIA of Michigan, Ms. SLAUGH- firefighters retirement programs, pursuant 105–205). Referred to the Committee of the TER, Mr. CANADY of Florida, Mr. DEAL to D.C. Code section 1–722(d)(1); to the Com- Whole House on the State of the Union. of Georgia, Mr. BARRETT of Wiscon- mittee on Government Reform and Over- Mr. YOUNG of Florida: Committee on Ap- sin, Mr. BAESLER, Mr. BONIOR, Mr. sight. propriations. H.R. 2266. A bill making appro- COYNE, Ms. DELAURO, Mr. DEUTSCH, 4361. A letter from the Director, Office of priations for the Department of Defense for Mr. DOYLE, Mr. EDWARDS, Mr. ENG- Sustainable Fisheries, National Oceanic and the fiscal year ending September 30, 1998, and LISH of Pennsylvania, Mr. FOGLIETTA, Atmospheric Administration, transmitting for other purposes (Rept. 105–206). Referred Mr. GORDON, Mr. MORAN of Virginia, the Administration’s final rule—Fisheries of to the Committee of the Whole House on the Mr. NEAL of Massachusetts, Mr. the Exclusive Economic Zone Off Alaska, Pa- State of the Union. MEEHAN, Mr. PARKER, Mr. ROEMER, cific Ocean Perch in the Central Regulatory Mr. ROGERS: Committee on Appropria- Mr. SAXTON, Mr. SOLOMON, Mr. Area of the Gulf of Alaska [Docket No. tions. H.R. 2267. A bill making appropria- STUMP, Mr. TANNER, Mr. VISCLOSKY, 961126334–7025–02; I.D. 070397F] received July tions for the Departments of Commerce, Jus- Mr. HAYWORTH, Mr. MALONEY of Con- 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tice, and State, the Judiciary, and related necticut, Mr. CLEMENT, Mr. WICKER, the Committee on Resources. agencies for the fiscal year ending Septem- Mr. HUNTER, Mr. ARMEY, and Mr. 4362. A letter from the Assistant Attorney ber 30, 1998, and for other purposes (Rept. PACKARD): General, Department of Justice, transmit- 105–207). Referred to the Committee of the H.R. 2263. A bill to authorize and request ting a draft of proposed legislation making Whole House on the State of the Union. the President to award the congressional technical amendments to the Immigration f Medal of Honor posthumously to Theodore and Nationality Act of 1952, the Illegal Im- Roosevelt for his gallant and heroic actions migration Reform and Immigrant Respon- PUBLIC BILLS AND RESOLUTIONS in the attack on San Juan Heights, Cuba, sibility Act of 1996, and the Antiterrorism during the Spanish-American War; to the and Effective Death Penalty Act of 1996, in Under clause 5 of rule X and clause 4 Committee on National Security. order to clarify and correct the provisions of rule XXII, public bills and resolu- By Mr. GOODLATTE (for himself, Mr. therein; to the Committee on the Judiciary. tions were introduced and severally re- COBLE, Mr. FRANK of Massachusetts, 4363. A letter from the General Counsel of ferred, as follows: and Mr. CANNON): H.R. 2265. A bill to amend the provisions of the Department of Defense and Assistant At- By Mr. TALENT (for himself and Mr. titles 17 and 18, United States Code, to pro- torney General of the United States, trans- LAFALCE): vide greater copyright protection by amend- mitting a report of the Advisory Committee H.R. 2261. A bill to reauthorize and amend ing criminal copyright infringement provi- on Criminal Law Jurisdiction over Civilians the programs of the Small Business Act and sions, and for other purposes; to the Commit- Accompanying the Armed Forces in Time of the Small Business Investment Act, and for tee on the Judiciary. Armed Conflict; jointly to the Committees other purposes; to the Committee on Small By Mr. COBLE: on National Security and the Judiciary. Business. 4364. A letter from the Secretary of Trans- H.R. 2268. A bill to suspend temporarily the By Mr. CRANE: duty on a certain chemical; to the Commit- portation, transmitting the Department’s re- H.R. 2262. A bill to make certain modifica- port entitled ‘‘Maritime Terrorism: A Report tee on Ways and Means. tions with respect to overtime pay and pre- H.R. 2269. A bill to suspend temporarily the to Congress,’’ for Calendar Year 1996, pursu- mium pay of customs officers; to the Com- duty on a certain chemical; to the Commit- ant to 46 U.S.C. app. 1802; jointly to the Com- mittee on Ways and Means. tee on Ways and Means. mittees on International Relations and By Mr. MCHALE (for himself, Mr. H.R. 2270. A bill to suspend temporarily the Transportation and Infrastructure. CUNNINGHAM, Mr. GIBBONS, Mr. KING duty on a certain chemical; to the Commit- 4365. A letter from the Administrator, Na- of New York, Ms. BROWN of Florida, tee on Ways and Means. tional Aeronautics and Space Administra- Mr. BOEHLERT, Mr. SKELTON, Mr. H.R. 2271. A bill to suspend temporarily the tion, transmitting a draft of proposed legis- DAVIS of Virginia, Mr. HORN, Mr. duty on a certain chemical; to the Commit- lation to authorize appropriations to the Na- MCINNIS, Mr. POMEROY, Mr. SISISKY, tee on Ways and Means. tional Aeronautics and Space Administra- Mr. WELDON of Pennsylvania, Mr. By Mr. FRANK of Massachusetts (for tion for human space flight, science, aero- WATTS of Oklahoma, Mr. TAYLOR of himself, Mrs. LOWEY, Mr. EVANS, Mr. nautics, and technology, mission support, Mississippi, Mr. EHRLICH, Mr. STARK, Ms. WOOLSEY, Ms. RIVERS, and Inspector General, pursuant to 31 U.S.C. PALLONE, Mr. MASCARA, Mr. SPRATT, Mr. TORRES, and Ms. NORTON): 1110; jointly to the Committees on Science Mr. BUYER, Mrs. CLAYTON, Mr. FROST, H.R. 2272. A bill to amend title 18, United and Government Reform and Oversight. Mr. HOLDEN, Mr. WELLER, Mr. States Code, to eliminate the prohibitions on 4366. A letter from the Secretary of Health WELDON of Florida, Mr. TALENT, Mrs. the transmission of abortion related mat- and Human Services, transmitting the final EMERSON, Mrs. KELLY, Mr. DOOLEY of ters, and for other purposes; to the Commit- report on the 3-year Staff-Assisted Home Di- California, Mr. BURTON of Indiana, tee on the Judiciary. alysis Demonstration; jointly to the Com- Mr. QUINN, Mr. KLINK, Mr. SKEEN, Mr. By Mr. JEFFERSON (for himself, Mr. mittees on Ways and Means and Commerce. FOX of Pennsylvania, Mr. BOB SCHAF- FRANK of Massachusetts, Mr. f FER, Mr. ACKERMAN, Mr. POSHARD, NADLER, Mr. HILLIARD, Ms. LOFGREN, Mr. MCDADE, Mr. ADAM SMITH of Mr. FROST, Mr. RAHALL, Mr. FILNER, REPORTS OF COMMITTEES ON Washington, Mr. HINCHEY, Mr. Mrs. LOWEY, Mr. HALL of Ohio, Mr. PUBLIC BILLS AND RESOLUTIONS OLVER, Mr. HALL of Texas, Mrs. WYNN, Mrs. MINK of Hawaii, Ms. Under clause 2 of rule XIII, reports of MALONEY of New York, Mr. GILMAN, FURSE, Mr. LATOURETTE, Mr. TRAFI- committees were delivered to the Clerk Mr. HEFNER, Mr. GOODE, Mr. BORSKI, CANT, Mr. SCHIFF, Mr. NEY, Mr. Mr. ABERCROMBIE, Mr. REYES, Mr. HAYWORTH, Mr. BROWN of California, for printing and reference to the proper GILCHREST, Mr. JONES, Mr. KENNEDY Mr. DELLUMS, Mr. LIPINSKI, Mr. NEAL calendar, as follows: of Rhode Island, Mrs. CHENOWETH, of Massachusetts, Mr. BONIOR, Mr. Mr. GILMAN: Committee on International Mr. CLYBURN, Mr. BLAGOJEVICH, Mr. DELAHUNT, Mr. MATSUI, Mr. EVANS, Relations. H.R. 695. A bill to amend title 18, BLUNT, Mr. WAMP, Mr. BALDACCI, Mr. Mr. RANGEL, Mr. THOMPSON, Ms. CAR- United States, to affirm the rights of U.S. CRAMER, Mr. NEY, Mr. FARR of Cali- SON, Mr. ABERCROMBIE, Mr. ENGLISH H5826 CONGRESSIONAL RECORD — HOUSE July 25, 1997

of Pennsylvania, Mr. STARK, Mr. ACK- HILL, Mr. ETHERIDGE, Mr. ACKERMAN, Mrs. KELLY, and Mr. FRANK of Massachu- ERMAN, Mr. MANTON, Mr. CLYBURN, and Mr. YATES): setts. Mr. RUSH, Mr. OLVER, Mr. GEJDEN- H. Con. Res. 126. Concurrent resolution ex- H.R. 1534: Mr. BUNNING of Kentucky, Mr. SON, Mr. DAVIS of Illinois, Mr. pressing the sense of Congress concerning KIM, Mr. HILLIARD, Mr. HAYWORTH, Mrs. STRICKLAND, Mr. DIXON, Mr. CONYERS, the war crimes committed by the Japanese NORTHUP, Mr. DEAL of Georgia, Mr. Mrs. CLAYTON, Ms. KILPATRICK, Mr. military during World War II; to the Com- CHRISTENSEN, Mr. PACKARD, Mr. PICKERING, FLAKE, Mr. CUMMINGS, Mr. PAYNE, mittee on International Relations. Mr. GEKAS, Mr. MCHUGH, Mr. GILMOR, Mr. Mr. LEWIS of Georgia, Ms. BROWN of f HEFLEY, Mr. COOKSEY, Mr. MCKEON, Mr. Florida, Ms. JACKSON-LEE, Mrs. MEEK SALMON, Mr. ROGAN, and Mr. SMITH of Or- of Florida, and Mr. BERMAN): PRIVATE BILLS AND egon. H.R. 2273. A bill to amend title II of the So- RESOLUTIONS H.R. 1614: Mr. RIGGS. cial Security Act to provide that the reduc- Under clause 1 of rule XXII, H.R. 1636: Mr. WATT of North Carolina and tions in social security benefits which are re- Mrs. TAUSCHER. quired in the case of spouses and surviving Mr. FARR of California introduced a bill (H.R. 2277) to authorize the Secretary of H.R. 1710: Mr. STENHOLM, Mr. KIND of Wis- spouses who are also receiving certain Gov- consin, Mr. TANNER, Mr. DREIER, Ms. ernment pensions shall be equal to the Transportation to issue a certificate of docu- mentation with appropriate endorsement for DANNER, Mr. PASCRELL, Ms. BERNICE JOHN- amount by which the total amount of the SON of Texas, Mr. MINGE, Mr. PICKERING, Mr. combined monthly benefit (before reduction) employment in the coastwise trade for the vessel Manawanui; which was referred to the MENENDEZ, Mrs. KELLY, Ms. DUNN of Wash- and monthly pension exceeds $1,200; to the ington, Mr. GRAHAM, Mr. BUNNING of Ken- Committee on Ways and Means. Committee on Transportation and Infra- structure. tucky, Mr. ROTHMAN, Mr. ETHERIDGE, Mr. By Mr. LAZIO of New York: PACKARD, Mr. HOEKSTRA, Mr. HANSEN, and H.R. 2274. A bill to amend the Housing Act f Mr. COOK. of 1949 to reauthorize certain programs for ADDITIONAL SPONSORS H.R. 1711: Mr. BRADY and Mr. HALL of rural housing assistance; to the Committee Texas. on Banking and Financial Services. Under clause 4 of rule XXII, sponsors H.R. 1719: Mr. CALVERT. By Mrs. LOWEY (for herself and Mr. were added to public bills and resolu- H.R. 1741: Ms. HOOLEY of Oregon. LAZIO of New York): tions as follows: H.R. 2275. A bill to prohibit discrimination H.R. 1788: Mrs. LOWEY. in employment on the basis of genetic infor- H.R. 59: Mr. GIBBONS, Mr. RYUN, and Mr. H.R. 1839: Mr. TANNER and Mr. DELLUMS. mation, and for other purposes; to the Com- FAWELL. H.R. 1872: Mr. BURR of North Carolina, Mr. mittee on Education and the Workforce. H.R. 108: Mr. COOK. GANSKE, and Mr. SHAYS. By Mr. STUPAK: H.R. 145: Mr. BARTON of Texas and Mr. LA- H.R. 1972: Mr. BLAGOJEVICH. H.R. 2276. A bill to prohibit the use of Fed- FALCE. H.R. 1984: Mr. SENSENBRENNER, Mr. GIL- eral funds for official travel after Election H.R. 176: Mr. WYNN. MAN, Ms. GRANGER, Mr. CAMP, and Mr. Day of members of Congress who will not H.R. 195: Mr. PAPPAS. PORTMAN. serve as members during the next Congress; H.R. 304: Mr. RUSH and Mrs. MALONEY of H.R. 1987: Mr. KENNEDY of Massachusetts. to the Committee on House Oversight. New York. H.R. 2022: Mr. KOLBE. By Mr. THOMAS: H.R. 306: Mr. MCNULTY, Mr. PETERSON of H.R. 2064: Mr. KING of New York and Mr. H. Con. Res. 123. Concurrent resolution Minnesota, Mr. KENNEDY of Rhode Island, MARTINEZ. providing for the use of the catafalque situ- and Mr. MCHALE. H.R. 2094: Mr. LOBIONDO, Mr. BONIOR, Mr. ated in the crypt beneath the rotunda of the H.R. 404: Ms. KAPTUR, Mr. WALSH, Mr. EVANS, Mr. STARK, Mr. RUSH, Mr. SMITH of Capitol in connection with memorial serv- RAMSTAD, Mr. MASCARA, Mr. LEWIS of Geor- New Jersey, and Ms. WOOLSEY. gia, and Mr. RUSH. ices to be conducted in the Supreme Court H.R. 2121: Mr. JACKSON and Mr. BERMAN. H.R. 424: Mr. WEXLER. Building for the late honorable William J. H.R. 2129: Mr. NEY, Mr. STRICKLAND, Mr. H.R. 484: Mr. BILBRAY and Mr. UPTON. Brennan, former Associate Justice of the Su- KUCINICH, Mr. BOEHLERT, Mr. PARKER, Mr. H.R. 519: Ms. LOFGREN. preme Court of the United States; to the HALL of Ohio, and Mr. LATOURETTE. H.R. 536: Mrs. ROUKEMA. Committee on House Oversight. H.R. 2173: Mr. BURTON of Indiana. H.R. 731: Mr. ETHERIDGE. By Mr. YOUNG of Alaska (for himself H.R. 2183: Mr. FOLEY. H.R. 758: Mr. RYUN, Mr. SKEEN, Mr. and Mr. SAXTON): H.R. 2185: Mr. CLYBURN and Ms. CARSON. H. Con. Res. 124. Concurrent resolution ex- ROHRABACHER, and Mr. WHITFIELD. H.R. 2198: Mr. TORRES and Mrs. THURMAN. pressing the sense of the Congress regarding H.R. 768: Mr. HOSTETTLER and Mr. GOODE. H.R. 2221: Mr. COBURN, Mr. HOEKSTRA, Mr. acts of illegal aggression by Canadian fisher- H.R. 820: Mr. MCGOVERN. PAUL, and Mr. GEKAS. men with respect to the Pacific salmon fish- H.R. 866: Mr. DEAL of Georgia. H. Con. Res. 65: Mr. PRICE of North Caro- ery, and for other purposes; to the Commit- H.R. 900: Mr. FORD. lina, Mr. SKELTON, Mr. WEYGAND, Mr. tee on Resources, and in addition to the H.R. 950: Mr. LAFALCE. BUNNING of Kentucky, Mr. SISISKY, Mr. SCHU- Committee on International Relations, for a H.R. 981: Mrs. MEEK of Florida. MER, Ms. RIVERS, Mr. CRAMER, Mr. MCNULTY, period to be subsequently determined by the H.R. 989: Mr. LUTHER. Mrs. MCCARTHY of New York, Mr. RILEY, and Speaker, in each case for consideration of H.R. 1010: Mr. PACKARD and Mr. PICKETT. Ms. CARSON. such provisions as fall within the jurisdic- H.R. 1018: Ms. CARSON. tion of the committee concerned. H.R. 1036: Mr. WICKER, Mr. HORN, Mr. H. Con. Res. 80. Mr. SAWYER, Mr. CRAMER, By Mr. GUTKNECHT (for himself, Mr. DREIER, Mr. GOODE, and Mr. WAMP. Mr. BOSWELL, and Mr. HEFNER. H. Con. Res. 83: Mr. KING of New York. LAMPSON, Mr. DEAL of Georgia, Mr. H.R. 1070: Mr. COOKSEY, Mr. BARRETT of WALSH, Mr. FROST, Mr. HORN, Ms. Wisconsin, Ms. PRYCE of Ohio, and Ms. H. Con. Res. 100: Mr. CONDIT. PRYCE of Ohio, Mr. LIPINSKI, Mr. SLAUGHTER. H. Con. Res. 106: Mr. MCGOVERN. DIAZ-BALART, Mr. NEY, Mr. PETERSON H.R. 1104: Ms. HOOLEY of Oregon and Mr. H. Con. Res. 107: Mr. PACKARD. of Minnesota, Mr. MCINTOSH, Ms. ADAM SMITH of Washington. H. Con. Res. 114: Ms. NORTON, Mr. MCHALE, MOLINARI, Mr. DAVIS of Virginia, Ms. H.R. 1194: Mr. YATES. Mr. LIPINSKI, Mr. SHERMAN, Mr. HINCHEY, Ms. STABENOW, Mr. SCHIFF, Mr. LUTHER, H.R. 1195: Mr. YATES. LOFGREN, Mr. LANTOS, Mr. MCGOVERN, Mr. Mr. BALDACCI, Mr. BENTSEN, Mr. H.R. 1231: Mr. OLVER. PORTER, Mr. FROST, and Ms. ESHOO. FAZIO of California, Mr. DEUTSCH, Ms. H.R. 1232: Mr. BROWN of Ohio. H. Res. 37: Ms. LOFGREN. LOFGREN, Mrs. ROUKEMA, Mrs. KELLY, H.R. 1247: Mr. SOUDER and Mr. GRAHAM. H. Res. 157: Mrs. CUBIN and Mr. Ms. CARSON, Mr. CRAMER, Mr. H.R. 1270: Mr. SUNUNU and Mr. KIND of Wis- FALEOMAVAEGA. SANDLIN, Ms. MILLENDER-MCDONALD, consin. H. Res. 183: Mr. DELLUMS, Mr. ENGEL, Mrs. Mr. CASTLE, Mr. UNDERWOOD, Mr. H.R. 1279: Mrs. FOWLER. MALONEY of New York, Mr. PAYNE, Mr. GRAHAM, and Mr. FOX of Pennsylva- H.R. 1346: Mr. HANSEN, Mr. GOODLING, Mr. OLVER, Ms. WATERS, Mr. CLAY, Mr. THOMP- nia): MCDADE, and Mr. DREIER. SON, Mr. DIXON, Mr. DAVIS of Illinois, Mr. H. Con. Res. 125. Concurrent resolution ex- H.R. 1353: Ms. WOOLSEY. FROST, Ms. EDDIE BERNICE JOHNSON of Texas, pressing the sense of the Congress that each H.R. 1453: Mr. BONIOR, Mr. EHLERS, Ms. Mr. MANTON, Ms. KILPATRICK, Mrs. MEEK of State should enact legislation regarding no- ROYBAL-ALLARD, and Mr. VENTO. Florida, Mr. STOKES, Ms. CARSON, Mr. SCOTT, tification procedures necessary when a sexu- H.R. 1493: Mr. CANNON, Mr. DEAL of Geor- Mr. RUSH, Mr. FILNER, Mr. FLAKE, Mrs. KEN- ally violent offender is released; to the Com- gia, and Mr. BERMAN. NELLY of Connecticut, Mr. LAMPSON, Mr. mittee on the Judiciary. H.R. 1515: Mr. RILEY, Mrs. NORTHUP, and BISHOP, and Mr. OWENS. By Mr. LIPINSKI (for himself, Mr. Ms. GRANGER. H. Res. 188: Mr. ROYCE, Mr. SAM JOHNSON, STUMP, Mrs. MORELLA, Ms. LOFGREN, H.R. 1524: Mr. GILCHREST, Mr. PETERSON of Mr. SHADEGG, Mr. SPENCE, Mr. HUNTER, Mr. Mr. SKEEN, Mr. WATTS of Oklahoma, Pennsylvania, Mr. GOODE, Mr. JENKINS, Mr. GIBBONS, Mr. MCINTOSH, and Mr. KING of New Mr. CAMPBELL, Mrs. MALONEY of New LATOURETTE, and Mr. BOSWELL. York. York, Mr. UNDERWOOD, Mr. TOWNS, H.R. 1531: Mr. KING of New York, Mr. H. Res. 195: Mr. ROHRABACHER and Mr. Mr. ROHRABACHER, Mr. GREEN, Mr. PAYNE, Mr. LANTOS, Ms. BROWN of Florida, SALMON. July 25, 1997 CONGRESSIONAL RECORD — HOUSE H5827 DELETIONS OF SPONSORS FROM (5) confiscate all unlicensed weapons and (B) An official, updated, and revised copy PUBLIC BILLS AND RESOLUTIONS restrict the issuance of licenses to those of the Palestinian National Charter (Cov- with legitimate need; enant) showing which specific articles have Under clause 4 of rule XXII, sponsors (6) transfer and cooperate in transfer pro- been rescinded by the decision taken on were deleted from public bills and reso- ceedings relating to any person accused by April 24, 1996 by the P.L.O. Executive com- lutions as follows: Israel or the United States of having com- mittee. H.R. 198: Mr. TOWNS. mitted acts of terrorism against Israeli or (C) A description of all actions being taken United States nationals; and by the Palestinian Authority to eradicate f (7) respect civil liberties, human rights and and prevent the use of the map of Israel to democratic norms as applied equally to all represent ‘‘Palestine’’. AMENDMENTS persons regardless of ethnic, religious, or na- (D) A certification that the Palestinian Under clause 6 of rule XXIII, pro- tional origin. Authority has established a court system posed amendments were submitted as (b) LIMITATION ON ASSISTANCE.— that respects due process requirements, in- (1) IN GENERAL.—Notwithstanding any follows: cluding the right to a lawyer, the right to other provision of law, funds appropriated or confront witnesses, the right to be informed H.R. 2159 otherwise made available by this Act may be of the charges under which one is accused, OFFERED BY: MR. FORBES obligated for assistance, directly or indi- and the right to a jury trial. AMENDMENT NO. 62: At the end of the bill, rectly, for the P.L.O., the Palestinian Au- (E) A certification that the Palestinian insert after the last section (preceding the thority, only for the period beginning 3 Authority has established humane prison short title) the following new section: months after the date of the enactment of conditions. this Act and for 6 months thereafter, and (F) A certification that the Palestinian LIMITATION ON ASSISTANCE FOR THE P.L.O., THE only if— PALESTINIAN AUTHORITY Authority has taken all measures to rescind (A) the President has exercised the author- the death penalty imposed for the sale of SEC. 572. (a) SENSE OF THE CONGRESS.—It is ity under section 604(a) of the Middle East land to Jews, has eliminated the practice of the sense of the Congress that the Palestine Peace Facilitation Act of 1995 (title VI of incarcerating real estate agents for the sale Liberation Organization (hereafter the Public Law 104–107) or any other legislation of land to Jews or Israelis, and has actively ‘‘P.L.O.’’) should do far more to demonstrate to suspend or make inapplicable section 307 sought the perpetrators of such actions. an irrevocable denunciation of terrorism and of the Foreign Assistance Act of 1961 and H.R. 2266 to ensure a peaceful settlement of the Middle that suspension is still in effect; and East dispute, and in particular it should— (B) in addition to the requirements con- OFFERED BY: MR. DEFAZIO (1) submit to the Palestinian Council for tained in such Act or other legislation, the AMENDMENT NO. 1: At the end of the bill, formal approval the necessary changes to President prepares and transmits to the Con- insert after the last section (preceding the those specified articles of the Palestinian gress a report described in paragraph (2). short title) the following new section: National Charter which deny Israel’s right to (2) REPORT.—A report described in this SEC. . None of the funds made available in exist or support the use of violence; paragraph is a report containing the follow- this Act may be obligated or expended for (2) to the maximum extent possible, pre- ing: the public printing or binding of Government empt acts of terror, discipline violators, pub- (A) A description of all efforts being made publications in contravention of measures licly condemn all terrorist acts, actively to apprehend, prosecute, or have extradited established by the Joint Committee on work to dismantle other terrorist organiza- to the United States Mohammad Deif (alleg- Printing pursuant to section 103 of title 44, tions, and contribute to stemming the vio- edly responsible for the death of Nachshon United States Code. lence that has resulted in the deaths of over Wachsman, a United States citizen), Amjad H.R. 2267 230 Israeli and United States citizens since Hinawi (allegedly responsible for the death the signing of the Declaration of Principles of David Boim, a United States citizen), Abu OFFERED BY: MR. CUMMINGS on Interim Self-Government Arrangements Abbas (responsible for the death of Leon AMENDMENT NO. 1: Under the heading ‘‘RE- (hereafter the ‘‘Declaration of Principles’’) Klinghoffer, a United States citizen), Amid LATED AGENCIES—LEGAL SERVICES CORPORA- on September 13, 1993, at the White House; al-Hindi (allegedly responsible for the death TION’’ insert after the first dollar sign the (3) prohibit participation in the P.L.O. or of David Berger, a United States citizen), following: ‘‘(increased by $199,000,000)’’. the Palestinian Authority or its successors and Nafez Mahmoud Sabih (who helped plan Under the heading ‘‘DEPARTMENT OF of any groups or individuals which promote the February 1996 attack on a Jerusalem bus STATE—RELATED AGENCIES—INTERNATIONAL or commit acts of terrorism; in which Jewish Theological Seminary stu- BROADCASTING OPERATION’’ insert after the (4) cease all anti-Israel rhetoric, which po- dents Sara Duker and Matthew Eisenfeld, first dollar sign the following: ‘‘(reduced by tentially undermines the peace process; both United States citizens, were murdered). $199,000,000)’’. 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, FRIDAY, JULY 25, 1997 No. 107 Senate The Senate met at 9:30 a.m. and was ing, the Senate will begin consider- tions Framework Convention on Climate called to order by the President pro ation of Senate Resolution 98, the glob- Change. tempore [Mr. THURMOND]. al warming resolution. Under the con- The Senate proceeded to consider the sent agreement, there will be 2 hours resolution. PRAYER for debate on that resolution, with two Mr. HAGEL addressed the Chair. The Chaplain, Dr. Lloyd John amendments in order. Senators can, The PRESIDING OFFICER. The Sen- Ogilvie, offered the following prayer: therefore, expect a rollcall vote at ap- ator from Nebraska. Gracious God, Sovereign of our land proximately 11:30 a.m. It is also pos- Mr. HAGEL. Mr. President, the and source of courage, we thank You sible that following the disposition of Framers of the Constitution gave the that You know our needs before we ask Senate Resolution 98, there will be a executive branch of our Government for Your help, but have ordained that cloture vote on the motion to proceed authority to negotiate treaties. But in the asking we would find release to S. 39, the tuna-dolphin bill. If an they also intended for the Senate’s from the anxiety of carrying the bur- agreement is reached on that measure, voice to carry weight in negotiations. dens of leadership on our own shoul- that cloture vote may be vitiated. All This morning, the Senate is fulfilling ders. Help us to remember that You are Senators will be notified if that vote its constitutional responsibility to give the instigator of prayer. It begins with remains necessary. its advice to treaty negotiations. You, moves into our hearts, gives us I thank Members for their attention. Mr. KERRY. Mr. President, if my col- the clarity of knowing how to pray, f league will permit. and then returns to You in petitions Mr. HAGEL. I yield to the Senator You have refined and guided us to ask. MEASURE PLACED ON from Massachusetts. We are astonished that You have cho- CALENDAR—S. 1065 Mr. KERRY. I want to inquire, are we sen to do Your work through us and Mr. HAGEL. Mr. President, I under- now on the divided time, Mr. Presi- use prayer to reorient our minds stand there is a bill at the desk due for dent? around Your guidance for the issues we its second reading. The PRESIDING OFFICER. There is will face today. We say with the psalm- The PRESIDING OFFICER (Mr. now 2 hours equally divided on the res- ist, ‘‘You are my rock and my fortress; DEWINE). The clerk will read the bill olution. therefore, for Your name’s sake, lead for the second time. Mr. KERRY. I understand that, and me and guide me.’’—Psalm 31:3. time for the proponents will be man- Suddenly, we see prayer in a whole The assistant legislative clerk read aged by the Senator from Nebraska, new perspective. It’s the method by as follows: Senator HAGEL? which You brief us on Your plans and A bill (S. 1065) to amend the Ethics in Gov- The PRESIDING OFFICER. That is bless us with Your power. May this ernment Act with respect to appointment of an independent counsel. correct. whole day be filled with magnificent Mr. KERRY. So we must yield time moments of turning to You so that Mr. HAGEL. I object to further pro- at this point? Your purposes, Your glory and honor in ceedings on this matter at this time. The PRESIDING OFFICER. The Sen- America, may be done through us. Give The PRESIDING OFFICER. The bill ator is correct. us vision to be dynamic leaders. In the will be placed on the calendar. The PRESIDING OFFICER. The Sen- all-powerful name of our Lord and Sav- f ator from Nebraska is recognized. iour. Amen. EXPRESSING SENSE OF SENATE Mr. HAGEL. I yield myself whatever f REGARDING U.N. FRAMEWORK time is necessary, Mr. President. RECOGNITION OF THE ACTING CONVENTION ON CLIMATE The PRESIDING OFFICER. The Sen- MAJORITY LEADER CHANGE ator from Nebraska. The PRESIDENT pro tempore. The The PRESIDING OFFICER. Under Mr. HAGEL. Mr. President, the pend- able acting majority leader is recog- the previous order, the clerk will now ing resolution, Senate Resolution 98, nized. report the resolution. with its 65 cosponsors, is intended to Mr. HAGEL. Thank you, Mr. Presi- The assistant legislative clerk read change the course of negotiations on dent. as follows: the new global climate treaty now under discussion. f A resolution (S. Res. 98) expressing the The need for this treaty is question- SCHEDULE sense of the Senate regarding the conditions for the United States becoming a signatory able, but the harm that it would cause Mr. HAGEL. Mr. President, for the to any international agreement on green- is certain. Two articles in this Mon- information of all Members, this morn- house gas emissions under the United Na- day’s Wall Street Journal, written by

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

S8113 S8114 CONGRESSIONAL RECORD — SENATE July 25, 1997 Jack Kemp and Dr. Fred Singer, are ex- less competitive on the world market and are simply specialists who allowed their cellent summaries against the direc- less affordable at home. work to be cited, without necessarily endors- tion the administration is taking in ne- Second, the treaty would send high-paying ing the other chapters or the summary. Con- jobs in mining, manufacturing, transport gotiating this treaty. I ask unanimous trast these numbers with the nearly 100 cli- and other important sectors abroad. Charles mate scientists who signed the Leipzig Dec- consent that these articles be printed River Associates, an econometric modeling laration in 1996, expressing their doubts in the RECORD. firm, has estimated that the administra- about the validity of computer-driven global There being no objection, the articles tion’s plans would increase U.S. unemploy- warming forecasts. It takes a certain were ordered to be printed in the ment by 0.25% and reduce the gross domestic amount of courage to do this—given that it RECORD, as follows: product by 3.3%. The likely result: 250,000 could jeopardize research grants from U.S. [From the Wall Street Journal, July 25, 1997] American jobs lost. government agencies that have adopted cli- Third, the treaty would saddle Americans mate catastrophe as an article of faith, and A TREATY BUILT ON HOT AIR ... with higher energy bills as we are forced to managed to convince Congress to ante up (By Jack Kemp) tax energy use. Some have estimated that about $2 billion a year. In December, representatives of 150 nations such a ‘‘carbon tax’’ could increase the cost Even some IPCC climate scientists, in the will gather in Kyoto, Japan, to sign a succes- of gasoline by as much as 60 cents a gallon, report itself or in a May 16 Science article sor treaty to the United Nations’ Framework and of home heating oil by 50%. What’s headlined ‘‘Greenhouse Forecasting Still Convention on Climate Change. Today, in more, as the AFL–CIO has recognized: Cloudy,’’ have expressed doubts about the anticipation of this momentous event, the ‘‘These taxes are highly regressive and will validity of computer models and about the Senate is scheduled to debate the Byrd-Hagel be most harmful to citizens who live on fixed main IPCC conclusion, that ‘‘the balance of resolution, a non-binding measure sponsored incomes and work at poverty-level wages.’’ evidence suggests a discernible human influ- by 65 senators that will put that body on This burden of drastically increased heat- ence on global climate’’—whatever that am- record against any treaty that would cause ing, cooling and transportation costs could biguous phrase may mean. A Dec. 20, 1995, serious economic harm to the U.S. For more hardly come at a worse time for lower-in- Reuters report quoted British scientist Keith than a year the Clinton administration has come families. The working poor, and people Shine, one of IPCC’s lead authors, discussing been promising to provide its economic just getting off welfare and beginning to pay the IPCC Policymakers’ Summary: ‘‘We model of the treaty’s effects, but last week it their own way, are already challenged to produce a draft, and then the policymakers announced that it will not provide any for- make ends meet in today’s economy. But our go through it line by line and change the mal estimate—a signal that the treaty won’t diplomatic negotiators have spared little at- way it is presented. . . . It’s peculiar that meet the Byrd-Hagel criteria. tention for the potentially devastating con- they have the final say in what goes into a NO RELIABLE CONCLUSIONS sequences that their proposals would have scientists’ report.’’ The Science and Environ- for millions of lower-income Americans. mental Policy Project conducted a survey of Everyone agrees that we need to keep our IPCC scientific contributors and reviewers; planet clean. Healthy plants and animals are FAR PAST TIME we found that about half did not support the valuable, but at the same time the U.S. has It is time for the American public to be Policymakers’ Summary. Parallel surveys a solemn obligation to defend the rights of told exactly what their government is pro- by the Gallup organization and even by the people who inhabit our planet. It seems posing to give away in the global climate Greenpeace International produced similar that the officials representing the U.S. in the change treaty. It is far past time for the results. treaty negotiations have lost sight of that Clinton administration to give Congress a detailed economic analysis of the mandatory Of course, scientists do accept the exist- duty. ence of a natural greenhouse effect in the at- The international negotiations focus on cutbacks in energy usage that our nego- mosphere, which has been known since the global warming, the theory that greenhouse tiators are offering on the altar of environ- 19th century and is not to be confused with gases in the Earth’s atmosphere are steadily mentalist politics. Until the public and the any influence from human activity. Another and dangerously warming the planet. Some Congress are given the facts, the talk at the accepted fact is that greenhouse gases have of our leaders, most notably Vice President global conferences on greenhouse gas emis- been increasing as a consequence of an ex- Al Gore, have bought into the theory even sions will remain as little more than hot air. panding world population: carbon dioxide though scientists have reached no reliable from burning fossil fuels, for instance, and conclusions about global warming (see story . . . NOT SCIENTIFIC CONSENSUS methane from raising cattle. But the climate below). Yet the 150 nations involved in these (By S. Fred Singer) warming of the past 100 years, which oc- talks are rapidly moving toward signing a Yesterday, in opening a White House con- curred mainly before 1940, in no way sup- treaty that would wreak havoc on the U.S. ference on global warming, President Clin- ports the results of computer models that economy and, ironically, on our environ- ton announced, ‘‘The overwhelming balance predict a drastic future warming. Even IPCC ment. U.S. negotiators appear to be asking of evidence and scientific opinion is that it is Chairman Bert Bolin has admitted that the American workers and families to foot the no longer a theory but now a fact that global pre-1940 warming is likely a natural recovery bill for massive reductions in greenhouse warming is real.’’ In support of this conten- from a previous, natural cooling. Most im- gases. tion, the president and other politicians have portant, though, is the fact—not mentioned This treaty would require a drastic and been busy citing the ‘‘2,500 scientists’’ who in the IPCC summary—that weather sat- sudden cut in energy use that would be le- supposedly endorse the U.N.’s 1996 Intergov- ellite observations, independently backed by gally binding only on developed nations, not ernmental Panel on Climate Change report, data from balloon-borne sensors, have shown on major international trade competitors— and thus a forecast of catastrophic global no global warming trend whatsoever in the including three of the 10 biggest carbon-diox- warming. past 20 years. ide producers, India, South Korea, and Actual climate observations, however, The discrepancy between calculated pre- China. By excluding developing nations, not show that global warming is mostly a phan- dictions of warming and the actual observa- only will we be missing an opportunity to tom problem. Perhaps that’s why Mr. Clin- tions of no warming has produced a crisis for make further environmental gains, but we’ll ton and Vice President Al Gore harp so much many scientists. Those who believe in global also be working against the very purpose of on a ‘‘scientific consensus’’—which sounds so warming keep hoping that proof is just the treaty. impressive to nonscientists. Yet science around the corner. Consider this passage Studies show that the high-growth devel- doesn’t operate by vote. from the May 16 Science article: ‘‘[M]any oping nations excluded from the proposed How did the IPCC come up with 2,500 sci- scientists say it will be a decade before com- treaty’s requirements are more likely to in- entists? If one were to add up all contribu- puter models can confidently link the warm- crease their greenhouse-gas emissions in tors and reviewers listed in the three IPCC ing to human activities.’’ order to pick up the demand left unmet by reports published in 1996, one would count It is ironic that an environmental lobbying developed nations, where production would about 2,100. The great majority of these are group, the Environmental Defense Fund, be restricted. The AFL–CIO’s Executive not conversant with the intricacies of atmos- would admit in a brochure on global warm- Council has declared that an agreement that pheric physics, although some may know a ing: ‘‘Scientists need to do considerably fails to bind developing nations to the same lot about forestry, fisheries or agriculture. more work to sort out which [hypotheses] commitments made by the U.S. cannot pos- Most are social scientists—or just policy ex- are most likely to be true.’’ The EDF com- sibly work. perts and government functionaries. Every plains, however, that the ‘‘skepticism and The treaty’s impact on America’s workers country in the world seems to be rep- constant questioning that lie at the heart of and economy, meanwhile, could be severe. resented—from Albania to Zimbabwe— science’’ sometimes ‘‘cloud the debate.’’ Per- First, U.S. industry would face increased though many are not exactly at the forefront haps so; but more often they advance the production costs for virtually all goods. The of research. The list even includes known science. net cost just to stabilize U.S. emissions at skeptics of global warming—much to their PRIVILEGE OF THE FLOOR 1990 levels could reach hundreds of billions of personal and professional chagrin. dollars annually, and many nations are push- The IPCC report has some 80 authors for Mr. HAGEL. Mr. President, I ask ing to reduce emissions below 1990 levels, at its 11 chapters, but only a handful actually unanimous consent that the following an even more oppressive cost. The resulting wrote the Policymakers’ Summary; most of members of my staff be granted the higher prices would make American products the several hundred listed ‘‘contributors’’ privilege of the floor during debate on July 25, 1997 CONGRESSIONAL RECORD — SENATE S8115 Senate Resolution 98: Derek Schmidt, tration. This resolution rejects the now have observed are not outside of Ken Peel, Kent Bonham, David United Nations’ current negotiating the natural variations of the climate Kracman, and Tom McCarthy. strategy of binding United States and system.’’ The PRESIDING OFFICER. Without other developed nations to legally It is clear that the global climate is objection, it is so ordered. binding reductions without requiring incredibly complex. It is influenced by Mr. HAGEL. Mr. President, we have any new or binding commitments from far more factors than originally more than a dozen Senators on this 130 developing nations, such as China, thought when some early crude com- side who want to speak on this issue. Mexico, and South Korea. In addition, puter models first raised alarms about Under the time agreement, however, this resolution rejects any treaty or the possible threat of imminent cata- we have only 1 hour for proponents to other agreement that would cause seri- strophic global warming. The scientific debate. I, therefore, encourage Sen- ous economic harm to the United community has simply not yet resolved ators to insert their statements in the States. the question of whether we have a RECORD so they will be fully available A simple reality of the current situa- problem with global warming. to our negotiators before next week’s tion is that a core group of negotiators I suggest, again, that common sense meeting of the ad hoc group on the in the State Department has brought dictates you don’t come up with a solu- Berlin mandate in Bonn, Germany. I us near a point of no return. What this tion to a problem until you are certain also hope to discuss this issue further broad bipartisan coalition of 65 Sen- that you have a problem. However, the on the Senate floor at a later date. ators is saying is ‘‘we need a new direc- Clinton administration has proceeded Mr. President, I thank the majority tion in these negotiations.’’ to negotiate a solution before we have leader and the minority leader for their I approach this issue, Mr. President, a confirmation that there is a problem. leadership in bringing this resolution believing that any action this serious They have proposed that the United before the Senate. I also thank the that is undertaken by the United States and other developed nations chairman and the ranking minority States must be based on sound science submit to legally binding controls of member of the Foreign Relations Com- and common sense. This proposed trea- greenhouse gas emissions. But they mittee for their leadership as well. I ty is based on neither. will not be asking for legally binding particularly thank the distinguished If anything has become clear during commitments from more than 130 ‘‘de- senior Senator from West Virginia. It congressional hearings on this issue, it veloping nations,’’ including, as I men- has been a privilege for me to work on is that the science is unclear, that the tioned before, China, Mexico, South this important issue along side one of scientific community has not even Korea, India, Singapore, and others. the Senate’s giants. come close to definitively concluding We are here today to debate a very that we have a problem. Mr. President, this makes no sense, important issue, one which will have a I mentioned earlier this morning, in no sense at all, given that these na- major impact on the future of this the Wall Street Journal today, the tions include some of the most rapidly country. How our Nation addresses the very interesting article by Dr. Fred developing economies in the world and global climate issue may prove to be Singer about the science on this issue. are quickly increasing their use of fos- one of the most important economic Dr. Singer is professor emeritus of en- sil fuels. By the year 2015, China will and environmental decisions of the vironmental sciences at the University surpass the United States as the larg- next century. of Virginia. I have already requested est producer of greenhouse gases in the Let me say from the outset, this is this be printed in the RECORD. world. not a debate about who is for or The science is inconclusive and con- It is the United States and other de- against the environment. We all agree tradictory, and predictions for the fu- veloped nations who are currently on the need for a clean environment. ture range from no significant problem doing the most to reduce greenhouse We all want to leave our children a bet- to global catastrophe. The subcommit- gas emissions. It is the developing na- ter, cleaner, more prosperous world. tee I chair, International Economic tions that will be the biggest emitters Nor is this debate about motives, per- Policy Export and Trade Promotion, of greenhouse gases during the next 25 sonalities or politics. It is about find- has held two hearings on this issue. In years. It is complete folly to exclude ing the truth. What are the problems? the first hearing, we heard testimony them from legally binding emissions If there are problems, what is the best from Dr. Patrick Michaels, a very dis- mandates. How could any treaty aimed solution? What are the costs? What are tinguished climatologist and professor at reducing global emissions of green- the consequences? And what do we of environmental sciences at the Uni- house gases be at all effective when it need to do now? versity of Virginia, who noted condi- excludes these 130 nations? It won’t. If The debate on the Senate floor today tions in the real world simply have not these nations are excluded, greenhouse is about the path the administration is matched changes projected by some gas emissions will continue to rise, and taking on this issue. I believe they are computer models. Most of the warming we would see no net reductions in glob- on the wrong path in their negotiations of this century occurred in the first al greenhouse gas emissions. The exclu- for any treaty to be signed in Kyoto, half of this century, before significant sion of these nations is a fatal flaw in Japan, this December. emissions of greenhouse gases began. this treaty. That is why my distinguished col- And 18 years of satellite data actually Some analysts have even cautioned league from West Virginia and I have shows a slight cooling trend in the that the unequal treaty being nego- offered the Byrd-Hagel resolution. Sen- world. tiated at the United Nations could in- ate Resolution 98, with its 65 cospon- Before the Senate Environment and crease the emission of greenhouse sors, puts the administration on notice Public Works Committee Dr. Richard gases. As industries flee the United that an overwhelming and bipartisan Lindzen, professor of meteorology at States and other industrialized coun- majority of the U.S. Senate rejects its the Massachusetts Institute of Tech- tries, they would reestablish them- current negotiating position on a pro- nology, testified that ‘‘a decade of selves in developing countries that posed new global climate treaty. It is focus on global warming and billions of have much weaker environmental so important, as my friend, Senator dollars of research funds have still standards, like our neighbor to the BYRD, has repeatedly pointed out, that failed to establish that global warming south, Mexico. we in the U.S. Senate forcefully prac- is a significant problem.’’ A draft economic report commis- tice our constitutional role of advice At the same hearing, Dr. John sioned by this administration, this ad- and consent over these important nego- Christy, an associate professor in the ministration’s Department of Energy, tiations. The credibility of the United Department of Atmospheric Science at concluded that: States is not enhanced when the ad- the University of Alabama, stated: ‘‘The satellite and balloon data show Policy constraints placed on six large in- ministration negotiates a treaty that dustries in the United States—petroleum re- has no hope of ratification in the U.S. that catastrophic warming is not now fining, chemicals, paper products, iron and Senate. occurring. The detection of human ef- steel, aluminum and cement—would result in The Byrd-Hagel resolution is a strong fects on climate has not been convinc- significant adverse impacts on the affected bipartisan wake-up call to the adminis- ingly proven because the variations we industries. Furthermore, they conclude: S8116 CONGRESSIONAL RECORD — SENATE July 25, 1997 emissions would not be reduced signifi- cies in the U.S. simply would force the flight lution. I am grateful for the time that cantly. The main effect of the assumed pol- of U.S. investment to developing countries. my colleagues have given this effort. icy would be to redistribute output, employ- Millions of Americans would lose their jobs At this time, I yield the floor to my ment, and emissions from participating to and American manufacturers would take a distinguished colleague, the senior severe hit in the marketplace. nonparticipating countries. Senator from West Virginia. Therefore, the U.N. Global Climate What about the effects on American The PRESIDING OFFICER. The Sen- Treaty as being negotiated now by the agriculture? It is little known that ator from West Virginia. Clinton administration cannot pass the American agriculture produces 25 per- Mr. BYRD. Mr. President, I thank my first test of Byrd-Hagel. It will not in- cent of our Nation’s greenhouse gas distinguished colleague, Mr. HAGEL, for clude legally binding commitments emissions, which would make this crit- his excellent statement. I thank him from the developing nations. ical sector of our economy vulnerable for joining with me in the preparation, What about the second test of Byrd- to the kind of major reductions envi- development and promotion of this res- Hagel, serious economic harm, serious sioned by the U.N. global climate trea- olution. And I thank him for the time economic harm to this country and our ty. The American Farm Bureau has that he has yielded to me. future generations? One of the notable called the treaty a back-door Btu tax Mr. HAGEL and I, along with 63 other aspects of this issue is that it has unit- that would drive up fuel and overall en- cosponsors, developed S. Res. 98, which ed American business, labor, and agri- ergy costs as much as 50 percent. was reported favorably from the Senate culture support. In my hearings, we Again, this is outrageous. This would Foreign Relations Committee, and is heard testimony from the AFL–CIO, bankrupt many of our American farm- pending before the Senate today. The American Farm Bureau, National Asso- ers. Therefore the U.N. global climate resolution seeks to provide the Sen- ciation of Manufacturers, and many treaty has no hope of satisfying the ate’s views as to the global climate noted economists. They all agree on second test of Byrd-Hagel. It would change negotiations now underway. one very definite thing—the draft U.N. clearly cause very serious economic These negotiations have, as a goal, a treaty now under consideration would harm to the United States. revision of the 1992 United Nations have a devastating effect on American Mr. President, beyond the fairness Framework Convention on Climate and economic harm issues that are ad- consumers, workers, farmers and busi- Change, known as the Rio Pact. dressed in Senate Resolution 98, I am nesses. Estimates of the proposed trea- Mr. President, my years of recollec- also very concerned about any treaty ty’s damage to our economy vary, tion go back farther than that of most that would bind our Nation’s economy mainly because the administration Senators. I am not a scientist, but I to control by some U.N. multilateral continually refused to offer its own have lived long enough to see what I entity. Who will administer a global economic assumptions. This, after the believe are some very definite changes climate treaty? Who will police it? Will administration promised for more than in the climate pattern affecting our we have an international police force, a year to provide an economic model. country. Droughts, floods, storms ap- an agency capable of inspecting, find- However, last week the Clinton admin- pear to me to be more erratic, more un- ing, possibly shutting down American istration threw in the towel and gave predictable, and more severe in these companies? No one has addressed these later years of my life than in my ear- up on even attempting to provide an questions. The implications are most lier years. I can remember when there economic model. serious for our national security inter- were no air conditioning units in Wash- At a hearing before the House Com- ests, national sovereignty interests. ington or anywhere else where I lived. merce Committee, Janet Yellen, chair One of the biggest users of fossil fuels We have recently seen heat waves—se- of the Council of Economic Advisers is the U.S. military. How would this for the President, admitted that the treaty affect our military operations vere. We have seen droughts—severe. administration’s long-awaited eco- and our national defense capabilities? They seem to be happening more fre- nomic study had failed and claimed There are serious national sovereignty quently. So I believe in my own mind that it would be futile to attempt to issues and other issues that we have and heart that something is happening assess the economic impacts of legally- not even begun to touch. out there. Something is happening. binding emissions controls on our de- I said at the outset that I believe any Something is happening to our climate. veloped nations. So now the Clinton action taken by this Nation should be As I say, I am not a scientist, but the administration is proceeding to nego- based on sound science and common majority of scientists who study cli- tiate a treaty without any assessment sense. The current track of negotia- mate patterns tell us that there appar- of what it would do to the U.S. econ- tions for the U.N. global treaty does ently are changes going on in the cli- omy. That is incredible; absolutely neither. Why is this administration mate pattern and that anthropogenic stunning. But the bottom line is very rushing headlong into signing a treaty interference is probably the cause of clear. Even using conservative assump- in Kyoto this December? The scientific some of this change. tions, Charles River Associates, a lead- data is inconclusive, even contradic- All the data are not in, but I, for one, ing economic modeling firm, for exam- tory. The economic costs are clear and believe that there is sufficient evidence ple, has estimated that holding emis- devastating. This treaty would be a of, first, a probable trend toward in- sions at 1990 levels would reduce eco- lead weight on our Nation’s future eco- creased warming of the Earth’s surface nomic growth by 1 percent a year, ris- nomic growth, killing jobs and oppor- resulting from human interference in ing to 3 percent in the later years, and tunities for generations of Americans natural climate patterns. I believe that that does not even consider Under Sec- to come. a steady increase in accumulation of retary of State Tim Wirth’s long-term We need to take global climate issues carbon dioxide and other greenhouse goal, which he stated during our hear- seriously. Obviously we agree with gases in the atmosphere is taking ings, of achieving a 70 percent reduc- that. We in the United States have place. I believe that there is some rela- tion from current emissions levels. made tremendous strides in cleaning tionship between the warming trend What this means to everyday Ameri- up our environment. We will continue and such accumulations, enough to jus- cans is very clear. The AFL–CIO has es- to make progress in the future. We are tify our taking some action and taking timated the treaty would mean the loss all concerned about the state of the en- it now. The scientific foundation of of 1.25 to 1.5 million jobs. Energy prices vironment and what we leave to our this case is plausible enough, in my will rise dramatically. Individual children and our grandchildren. But personal judgment, to put into motion Americans will pay for this treaty ei- when we take actions that will reduce a sound global program, because the ther in their electric bills, at the gas our children’s and our grandchildren’s trends and the effects are long term. pump, or by losing their jobs. Jerry economic opportunities, we must en- Certainly the Senate, under the Con- Jasinowski, president of the National sure that the benefits are real and that stitution, is obligated to communicate Association of Manufacturers, testified they would justify this very real eco- its views and advice on the treaty ne- that the proposed treaty: nomic hardship that we would be pass- gotiations. The Constitution, in outlin- . . . would hurt America’s manufacturers, ing on to these future generations. ing the powers of the President, says workers and families with little or no envi- I urge my colleagues to support Sen- he—meaning the President—shall have ronmental benefit since new restrictive poli- ate Resolution 98, the Byrd-Hagel reso- power ‘‘by and with the Advice and July 25, 1997 CONGRESSIONAL RECORD — SENATE S8117 Consent of the Senate, to make Trea- cent, compared to only 22 percent for program—action, not just words—to ties’’; ‘‘by and with the Advice and the United States. Yet, despite its fu- tackle the problem of climate change; Consent of the Senate, to make Trea- ture role as the world’s leading con- and the need to start with their best ef- ties. . . .’’ It doesn’t just use the word tributor to the problem of carbon emis- forts to act on those commitments im- ‘‘consent’’ of the Senate. It also uses sions, China has indicated steadfast re- mediately, not 5 years down the road, the word of ‘‘advice.’’ All too often we fusal to apply any type of binding obli- not 10 years down the road but imme- let ourselves to be limited to consent- gations upon its own economy and in- diately, and not settle for vague prom- ing to or rejecting treaties. But we dustry. I believe that, if the treaty ises to return to a future negotiation have an obligation to advise the admin- does not commit the developing na- to get serious. istration as to the Senate’s views con- tions like China to binding commit- American industry has expressed cerning a treaty, especially this treaty ments, there will be no incentive for concern that a treaty without develop- which can have such far-reaching rami- China and the other nations of the de- ing country commitments would en- fications. veloping world to make responsible and courage capital flight and a loss of jobs I do not think the Senate should sup- environmentally sound choices as they in the United States. We do not as yet port a treaty that requires only half develop. have available the administration’s the world—in other words, the devel- The committee report that is before current best assessment of the eco- oped countries—to endure the eco- the Senate contains a brief but accu- nomic impacts of various levels of nomic costs of reducing emissions rate summary of the history of the emissions targets in the United States. while developing countries are left free global change negotiations. Most of the However, preliminary work done by the to pollute the atmosphere and, in so nations of the world signed up at the Argonne Laboratory on this matter is doing, siphon off American industries. Earth summit in Rio in 1992 to a Trea- worrisome in that its worst case sce- There are those who say that the Unit- ty that set voluntary goals for nations nario shows a very negative economic ed States is responsible for the situa- to start limiting their carbon dioxide impact on American industry. tion that has developed. They claim emissions. Unfortunately, most nations Mr. President, as I have said, we do that the United States should bear the of the world, ourselves included, failed not yet have a clearly articulated eco- brunt of the burden. But the time for to take the actions needed to meet nomic assessment by the administra- pointing fingers is over. In this par- tion, and so it is impossible to make ticular environmental game there are those voluntary goals. As a result of this failure, the parties specific judgments as to the economic no winners; the world loses. And any met again in Berlin in 1995 and sought impacts on particular industries and effort to avoid the effects of global cli- to impose a timetable whereby legally how they can be mitigated by other mate change will be doomed to failure binding limits on national carbon diox- tools that could be included in the from the start without the participa- ide reductions would be put into place. treaty. Dr. Janet Yellen, Chairman of tion of the developing world, particu- Unfortunately—unfortunately—a fun- the Council of Economic Advisers, stat- larly those nations that are rapidly de- damental error—I would use the word ed in a hearing before the Environment veloping and will rapidly increase their carbon dioxide and other greenhouse ‘‘blunder’’—a fundamental blunder was Committee on July 17, the administra- gas emissions. Count me as a global en- made in Berlin in that only the so- tion has not settled on a particular set vironmentalist, who insists that all na- called developed nations, or Annex I of policies to reduce emissions and in- tions that spew forth major concentra- nations, were to impose such a legally tends to engage all interested parties tions of carbon dioxide, or that will be binding regime on themselves. Devel- in a White House conference on climate spewing forth major concentrations of oping nations got a free pass. change this fall. The concept which is embodied in the The American people need to under- carbon dioxide, must step up to the Byrd-Hagel resolution is that develop- stand the situation and the actions to plate in these negotiations and make good-faith, specific, binding commit- ing country parties should join the de- be taken. The President is committed ments to control and reduce these veloped world in making new specific to this major public education cam- emissions right from the start. scheduled commitments to limit or re- paign, and I note that he yesterday Industry is fueled, in large part, by duce greenhouse gas emissions within convened a meeting of scientists at the fossil fuels, which are the primary— the same compliance period. White House to discuss the evidence re- primary—cause of greenhouse gas Now, does this mean that the Senate garding global warming and to begin emissions. Let us examine the role of is insisting on commitments to iden- that educational process. China in that regard. As a percentage tical levels of emissions among all the There surely will be costs if the Unit- of total world consumption in the year parties? Certainly not. The emissions ed States is to make the changes to our 2015, China alone will account for 42 limitations goals, to be fair, should be existing industrial base and to our life- percent of all the coal burned world- based on a country’s level of develop- style necessary to meet the goals of wide while the United States will ac- ment. The purpose is not to choke off the treaty. Our smokestacks must be count for only 16 percent. The increase Mexico’s development or China’s devel- cleaner and our automobiles more effi- in China’s use of coal should alarm opment. The purpose is to start ad- cient. There are many ways to achieve every environmentalist who is con- dressing the greenhouse gas problem in these goals, but we must be able to tell cerned about global warming. the only meaningful way we can, that the American people what will be re- So, if you are a true environmental- is, through globally and through bind- quired to meet any proposed commit- ist—I am not talking about fanatics—if ing commitments up front. The time- ment. you are a true environmentalist, as I frame could be 5 years, 7 years, 10 years The Senate is doing the right thing am, then you should be alarmed about or whatever. The initial commitment in addressing the negotiations in a the situation that I have just men- to action, starting upon signature in principled way without attempting to tioned with respect to China. And there Kyoto, could be relatively modest, pac- micromanage those negotiations. It is are other countries, such as India, Mex- ing upwards depending upon various possible that the Senate will have a ico, Indonesia, Brazil, that are classi- factors, with a specific goal to be binding revision to the Rio Pact pre- fied as developing countries. I say they achieved within a fixed time period. sented to it within a year. Given the need to step up to the plate, just as we There are plenty of tools to encourage tremendous implications for this do, just as the annex 1 countries do, the developing world to make meaning- agreement, the Byrd-Hagel resolution just as the developed countries do, ful commitments. also suggests that the leadership create when the negotiations are taking place The message to U.S. negotiators is a bipartisan group of Senators to mon- and make binding, specific commit- that all nations—that is the message of itor the negotiations and report peri- ments to reductions of greenhouse this resolution—particularly those odically to the full Senate on the na- gases and to make those commitments that are making and will in the future ture of the agreement as it is being to start now, not somewhere in the fu- make a significant contribution to shaped by our negotiators. The nations ture. greenhouse gas emissions need to make of the world are all in this global boat From 1995 to 2015, China will increase commitments at Kyoto that unequivo- together. It is not a boat of which only its coal consumption by a huge 111 per- cally demonstrate a tangible action half will sink while the other half stays S8118 CONGRESSIONAL RECORD — SENATE July 25, 1997 afloat. Unless we all pull our oars in olution 98 which Senator BYRD and fit. It looks like nothing more than a the same direction and plug the large Senator HAGEL now have before the massive foreign aid package paid for leaks as well as the small leaks, our Senate. with American jobs. ship will flounder and surely sink. This If you take a good look at the global It is clear that many American inter- resolution will give the Senate and the climate change treaty currently being ests are being neglected by our nego- American people a seat at the negotiat- negotiated, you will discover that de- tiators and that we must come up with ing table and add strength to our U.S. veloping nations are the high rollers a better solution for the problem of negotiating team. while the developed nations keep com- global emissions. But time is limited I thank all Senators for their atten- ing up with snake eyes and the big for the Senate to send a message that tion, and I hope the resolution will be loser is the global environment. That is the treaty as currently reported is not adopted by a substantial majority. because only developed nations would acceptable. Now, some of the Senators who have be legally bound by the treaty ham- The answer is clearly not, as pro- signed on to the resolution may have mered out by negotiators, the so-called posed by the State Department, a differing views about the treaty, but ‘‘Berlin Mandate’’ produced back in Kyoto protocol and then a second there is one thing that we are in agree- 1995. Developing nations are off the agreement of some kind after Kyoto in ment on—one or two things. These are hook. 2005 or even later. That scenario ig- set forth in the resolution beginning That decision contained two glaring nores the fact that we have no assur- and concluding with the resolving errors. First, negotiators agreed to ances China and other developing coun- clause. One, that all nations, all na- complete negotiations for the post-2000 tries will become parties to any agree- tions must take steps now, at the time period by the artificial deadline of 1997 ment with a commitment to simply of the signing of the treaty, to begin before they began implementation of start discussions for a third agreement. limiting their emissions of greenhouse the 1992 convention and before there I believe Senator BYRD’s and Senator gases. Mere promises will not be suffi- was an understanding of the complex- HAGEL’s resolution is the right method. cient. Mere promises will not get by ity of those negotiations. It sets commonsense parameters for this Senate. A treaty will have to have Second, negotiators succumbed to our negotiators to work from and the approval of a two-thirds super- the demands of China and other devel- assures that any treaty meets the goal majority in this Senate, and that is oping countries that any agreement of reduced emissions without penaliz- ing one country over another. what we are telling the administration. reached in Kyoto in 1997 for post-2000 I hope my colleagues will join us in We are letting the Administration commitments must exempt Asian sending this important message, not know that this Senate is not just going economies such as China and India and the rest of the developing world. Right only to our negotiators, but to the to consent or not consent on a treaty. American people that both the global This Senate is going to fulfill its con- now, developed nations and developing nations have about equal levels of car- environment and our national interests stitutional obligations not only to con- must be protected. bon emissions, but within 5 years of sent but also to ‘‘advise’’ and consent. I thank my friends and yield the And the resolution also provides that the deadline developing nations will 1 floor. such a treaty must not result in seri- have more than 1 ⁄2 times the 1990 level Mr. KERRY addressed the Chair. ous harm to the economy of the United of the developing world. The PRESIDING OFFICER (Mr. SES- States. So because of those bad rolls of the SIONS). The Senator from Massachu- So I suggest that all Senators read dice, the treaty is heavily weighted setts. against America and especially against the resolution’s resolving clause. That PRIVILEGE OF THE FLOOR is where we come together. That is American workers. That is because the Mr. KERRY. Mr. President, I ask where Mr. HAGEL’s views, my views, U.S. will have to make the steepest re- unanimous consent that Scott Bunton the views of others who are signatories ductions and suffer the costliest and and Gregg Rothschild, of my staff, be of the resolution blend and constitute a most damaging consequences. Prelimi- permitted access to the floor during consensus. nary estimates put the loss as high as the resolution deliberation. Mr. President, I thank my friend and 600,000 American jobs each year. And The PRESIDING OFFICER. Without I yield the floor. 600,000 jobs is probably a low estimate objection, it is so ordered. Mr. HAGEL. Mr. President, I thank because the treaty creates an enor- Mr. KERRY. Mr. President, I yield Senator BYRD very, very much. mous incentive for American busi- myself such time as I may consume. I yield up to 5 minutes to my friend nesses to shift more and more jobs Mr. President, I want to thank the and distinguished colleague from Ken- overseas to avoid the expensive emis- Senator from Nebraska and the Sen- tucky. sion reductions that U.S. businesses ator from West Virginia for raising an Mr. FORD. I thank the Senator from will have to meet. issue of common sense and a very le- Nebraska. The impact in Kentucky would be es- gitimate issue regarding the U.S. nego- The PRESIDING OFFICER. The Sen- pecially bad. Not only miners working tiating position with respect to global ator from Kentucky. in the coal fields of eastern and west- climate change. Mr. FORD. Mr. President, it is al- ern Kentucky suffer job losses but I have not been a cosponsor up until ways good to work with my longtime many of the businesses and factories this point of the resolution because I friend, Senator BYRD, on a project that that have created a ‘‘golden triangle,’’ shared with Senator LIEBERMAN and we both believe very strongly in, and it as we refer to it, between northern Senator CHAFEE concerns about some is good to work with a newfound friend. Kentucky, Louisville and Lexington of the phrasing and the meaning of I have had an affection for people from would be forced to close, and every sin- some of the resolution with respect to Nebraska for a long time, and Jim gle Kentuckian will experience and the negotiating process. We thought it Exon and I worked together as Gov- face higher electric bills and higher gas was important to seek clarification ernors and then here. I appreciate the prices. The sad thing is we will not with respect to those points before hav- Senator’s friendship and getting to even get a cleaner environment. That ing a vote. know each other. And so I thank him is the sad thing. We will not stop glob- As a member of the Foreign Rela- for his cooperation and help here this al warming. We will not even reduce tions Committee, I raised those con- morning. carbon emissions. That is because cerns during the markup. I voted to Mr. President, there is an old saying every ton of reduced emissions in the send this resolution to the floor for that when you run out of luck, you bet- United States and other developed na- consideration today. Pending the ulti- ter get a new pair of dice. As far as I tions will be made up and then some in mate discussion that we have on the am concerned, we have lost every roll the developing world. floor here today, it is my intention to of the dice during the climate change The way I see it we have been stuck vote for this resolution because I think negotiations, and we better get our- in a game with loaded dice. You have a it embraces common sense. selves a new pair. Otherwise, American treaty with devastating consequences That common sense is the notion workers will be out of luck. That is for the American economy. You end up that if you are really going to do some- why I rise today to support Senate Res- with virtually no environmental bene- thing to effect global climate change July 25, 1997 CONGRESSIONAL RECORD — SENATE S8119 and you are going to do it in a fair- Let me make it very clear—someone traordinary, dramatic impact because minded way that will permit you to raised the question about how the of the reaching of this saturation build consensus in the country, which Panel on Climate Change now predicts point. is important, and to build the nec- the global warming of only 1 degree to Some people may want to tempt essary support to ratify a treaty, we 3.5 degrees Celsius over the coming that. Some people may not feel any are going to have to do this in a way century. People say that is not really kind of generational responsibility or that calls on everybody to share the that bad and it is hardly a cause for any kind of global responsibility and burden of responding to this problem. concern. Let me point out to my col- suggest that, well, all of these thou- That means that we need to have an leagues that the global average tem- sands of scientists, all of the consensus agreement that does not leave enor- perature has changed by less than a de- reached by 155 nations—they may want mous components of the world’s con- gree Celsius up or down for 10,000 years. to choose to ignore it. tributors and future contributors of We know that. So the projected warm- But when scientists tell me that the this problem out of the solution. ing is expected to exceed any climate oceans are already rising and they are It is simply wrong to assume that change that has occurred during the already rising at a discernible and facing the difficulties we have had history of civilization. measurable rate and that we are con- since the Rio treaty, the agreement in In addition, even apparently small tinuing a process of warming and that Rio, which 155 nations signed, that we global average temperature changes between now and the middle of the are going to be able to now face up to will be accompanied by much larger re- next century oceans will rise 1 to 3 feet those greater responsibilities without gional climate shifts. For example, a and that the impact of that will be dev- bringing everybody into the solution. warming which is twice as large as the astation on the coast of Florida, the The notion that China or India or other global average is projected to occur at loss of island nations, and the remark- enormously rapidly developing coun- high northern latitudes. Apparently, able impact on wetlands all around the tries, who will before too long also be small global average changes have also planet, I think we have a responsibility adding very significantly to this prob- led to very large climate shifts in the to say, well, we ought to try to think lem, and already are to some degree, past. about that. And that is exactly what are going to somehow later negotiate Moreover, the Intergovernmental this effort to deal with global climate their participation I think is contrary Panel on Climate Change, representing change is trying to do. to common sense. So I have joined in the consensus of climate scientists Now, I am not going to debate all of the notion that it is appropriate to re- worldwide, has concluded: the science and the models and what consider the Berlin Mandate and to dis- . . . the balance of evidence suggests that can or cannot be done here. But it is cuss how the U.S. Senate properly there is a discernible human influence on clear that one of the chief sponsors of thinks we should approach these nego- global climate. And the year 1995 matched this resolution, Senator BYRD—and you tiations. 1990 as the hottest year on record. have heard him speak—agrees, and But let me also make it clear that, in What we know to a certainty also is Senator LIEBERMAN and CHAFEE and this strange hybrid of Senators who that from the 1980’s on we have been others do, that the prospect of human- have signed on as cosponsors to this recording these increasingly heated pe- induced global warming as an accepted resolution, there are some who do not riods. We then saw Mount Pinatubo’s thesis with adverse consequences for want any treaty. There are some who cooling effect. We saw that cooling ef- all is here, and it is real. do not think it is a problem. There are fect begin to diminish as the impact of There are some Senators, as I have some who do not accept the science. that volcanic disruption between the said, who want to debate that science; There are some for whom the effort is Sun’s rays and the Earth dissipated. So and so be it. That is not what this reso- one to really have nothing happen. I we have begun to return to the high lution is about. This resolution is a am pleased that Senator BYRD is not readings that we saw characteristic of question of how our negotiators will one of those and that many of those the late 1980’s. March through Decem- negotiate. What we ought to be seeking who will vote for this resolution, the ber of 1994 were the warmest periods on in Kyoto, as we pursue what most peo- sense-of-the-Senate resolution, join me record according to the National ple have decided, is a legitimate con- and others in believing that this is a Weather Service climate analysis. cern. serious problem with science that sup- I could go on. The National Academy Senator BYRD’s resolution makes a ports it. of Sciences has reported that despite first step toward tackling the issue of It is not my purpose to debate the uncertainties, greenhouse warming changing the balance of how we ap- science very deeply here this morning poses a potential threat, ‘‘sufficient to proach this. As I have said, Senator because the science is not at issue in merit prompt responses * * * Invest- LIEBERMAN, Senator CHAFEE, and I this resolution. This resolution is a ment in mitigation measures acts as would have worded some things dif- question of negotiating tactics. This insurance protection against the great ferently. But we are convinced in our resolution is about how we will ap- uncertainties and the possibility of discussions with Senator BYRD that the proach the question of reducing green- dramatic surprises.’’ intent here is similar, which is to guar- house gases, not whether. It is a ques- In addition, the panel suggested that antee that our negotiators have a tion not entirely based on science. substantial mitigation could be accom- changed position, a tougher position, But nevertheless, the Record ought plished at very modest costs; in other but a reasonable position in negotiat- to reflect as we approach these issues words, insurance is cheap, they said. ing how we will come to agreement in that the science overwhelmingly docu- Let me point out one other fact that Kyoto. ments the notion that a phenomenon was set forth at the hearings we had in Let me point out a couple of those known as global warming is already oc- the committee. areas where we had some concerns. curring, it is occurring. There is no de- We know that we are the world’s There is language in the resolution bate among scientists as to whether or greatest emitter of greenhouse gases. about the developing nations accom- not it is happening. There is some de- We know that carbon dioxide is the plishing their reductions within ex- bate as to what the impacts will be. most significant of those. We know actly the same compliance period as There is debate about the models and that the oceans mitigate the increase the developed nations. I have come to how much those models show with cer- of carbon dioxide that we put into the the conclusion that these words are not titude it is going to happen in what atmosphere. The oceans consume the a treaty killer that some suggested it part of the country. carbon dioxide. might have been. Can we predict what will happen to But what we have also learned as a I am encouraged to learn that Sen- Nebraska? The answer is no. Can we matter of science is that there is some ator BYRD’s objective is to support en- predict what will happen to my State level at which there is this potential of tering into a binding international of Massachusetts and the coastal saturation of the oceans. We do not agreement to address climate change, zones? Well, to some degree some sci- know where that is. The oceans recir- and he also agrees that all nations, de- entists are suggesting you can, but culate it. And the question remains veloped and less developed, ought to some people remain questioning that. whether or not you might have an ex- participate in this significant effort. S8120 CONGRESSIONAL RECORD — SENATE July 25, 1997 We both recognize that, as a matter of out. We believe that, given that less- This black line represents the actual global and national environmental pro- developed countries are not currently SO2 emissions in the United States, tection, the global warming issue is projected to emit more emissions than and this was the projected rate of re- not going to be able to be addressed ef- industrial countries until at least the duction if we were to engage, under the fectively if any major emitting nation year 2015, it is reasonable to permit Clean Air Act, in emissions trading, or group of nations stays outside the some flexibility in the targets and the and this pink line was what we pro- agreement. So, ultimately, all major timing of compliance while at the same jected. But because emissions trading emitting nations will need to reduce time requiring all countries to agree to has been such an effective market tool, greenhouse emissions if we are going to make a legally binding commitment by this yellow line represents the actual make significant progress on global a date certain. That is reasonable. But rate of reductions in SO2 emissions. So warming. I think most of my colleagues would we have had a phenomenal success I heard one of my colleagues talk agree that if some country simply through emissions trading in reducing earlier about who is going to police doesn’t have the capacity, the plan, the emissions in our country. And it would this, and how do you enter into this money, or the technology, it may be be simply against common sense to international agreement. Well, the fact they have to take a little more time have a negotiation which precluded the is we enter into international agree- and we should want to be reasonable in capacity of the United States to engage ments all the time. We have trade helping them to do that because the in this emissions trading. agreements. We have arms control goal here is to get everybody to par- This chart shows the growth indica- agreements. We have environmental ticipate, not to create a divisiveness tors and emissions. The black line rep- agreements. We police them by arriv- that winds up with doing nothing. resents the gross domestic product in- ing at mutually agreeable means of There is a second issue here, and that crease of the United States of America being able to raise the issues with each is the issue of emissions trading. While from 1985 to 1995. The electricity de- of those nations that might be offend- this resolution includes provisions that mand in the United States is the pink ing, and we have done so without ever address developing countries’ partici- line, and the electricity demand went giving up our sovereignty. So, that is pation, a number of us are critical of up almost concomitantly with the just a red herring in this issue. We the fact that it is silent on the ques- gross domestic product. At the same know that we can do that, and we will tion of flexibility, a question of what time, because we engaged in these do that. market tools or what market access tradings within our States, here is We also know that we are trying to tools ought to be permissible for use by what happened with the emissions seek an equilibrium with other nations all countries. I believe that the record trading effect. The SO2 emissions dra- so we are not losing jobs while other is clear that emissions trading is a matically went down, even as elec- people are gaining some foothold in the vital market mechanism that will ben- tricity demands went up. marketplace. We understand that. We efit the United States. So it is a proven tool, it is a market are not seeking to consciously enter Emissions trading not only advan- force tool, and it is one that will en- into an arrangement that will dis- tages the U.S. business, but it would hance the economic competitiveness of advantage the United States of Amer- provide developing countries with in- the United States. I am pleased that, in ica and our economy. centives to sign up to binding legal my discussions with Senator BYRD, he On the other hand, every environ- commitments that most people believe has indicated that there is nothing in mental agreement and every agree- are important in this treaty. I would this resolution that precludes the ca- ment we have reached so far requires like to point out to my colleagues that, pacity of our negotiators to pursue this some change in the way we do business. currently in the negotiations, Europe as a tool in our negotiations and, con- That change has generally produced is trying to create a bubble over Eu- ceivably, as one of the ingredients of a more jobs, not less jobs. One of the rope itself, trying to create a separate Kyoto treaty. fastest growing industries in Massa- agreement where Europe will be able to Mr. HAGEL. Will the Senator yield? chusetts has been environmental tech- have emissions trading among Euro- Mr. KERRY. For what purpose? nology, as we develop new means of pean countries, but we and others Mr. HAGEL. I would like to respond, producing clean coal or scrubbers or as would not be able to engage in that if I could. we create other kinds of mitigation for trading. The result would be that you Mr. KERRY. I will finish up, and then toxins or chemicals. I think that the might have Belgium required to do a I want to reserve some time for Sen- same thing can happen here. If the 10-percent reduction in 2010 for CO2 and ator CHAFEE, and others. If I can com- United States is smart, we will be the CH4 and NOX. But at the same time, plete, then and the Senator, on his provider of these technologies to the Greece would be able to increase by 30 time, can certainly ask any question world. percent. Spain would increase by 17 that he wants to. There still appears to be a little bit percent. Ireland would increase by 15 Let me just say that we believe very of uncertainty as to what this phrase percent. Portugal would be able to in- strongly that we need to put a struc- within the same compliance period ac- crease by 40 percent. This is because ture in place that will provide incen- tually means. But after a number of they are trying to set up a structure tives for nations and industries to re- discussions with Senator CHAFEE’s and where they can trade amongst each duce their emissions of greenhouse Senator BYRD’s staffs, I believe that we other for emissions without us having gases. And we believe, obviously, the have reached an understanding that it that same capacity. developing world is poised to undertake means essentially that we want coun- Now, if anything disadvantages a massive infrastructure investment in tries to begin to reduce while we are American industry, it would be to have energy, transportation, and other po- reducing, we want them to engage in a Europe create a bubble for itself to the tentially high-emitting sectors. These reasonable schedule while we are en- exclusion of the United States to be investments are going to have long- gaged in a reasonable schedule, but able to emissions trade. I am against term capital stock lifetimes, and if we that if a developing nation needs more that. I think that is anticompetitive were to exclude that discussion of them time to get a plan in place or needs to and it is anti-United States. This is si- being part of this, it would be an enor- have more time to raise the funds and lent on that. I hope my colleagues will mous error of judgment, I think, for be able to purchase the technology and agree with me that we want the United the longrun of this effort. do the things necessary, that as long as States to be able to trade with one of One final comment I will make on there is a good-faith track on which these countries. We want the United the science. Even if we were to reduce they are proceeding, that if it took States to be able to trade with one of our greenhouse gas emissions today to them a number of years, 2 years, 3 the less developed nations so that we 1990 levels, you will still continue to years, 5, or longer to be able to reach a can do what we have done in the Unit- have the greenhouse gas warming ef- particular goal, that certainly means ed States. fect, because the life of these gases in within the same compliance period Let me point out, here is the impact. the atmosphere will go on for 75 years, they are operating similarly to try to Referring to this chart, these are what or longer, into the future and because meet the standards that we want to set we have done in the United States. of the cumulative effect and the lack of July 25, 1997 CONGRESSIONAL RECORD — SENATE S8121 knowledge about where you may have Mr. HAGEL. Thank you, Mr. Presi- production. Been there, done that. We a saturation point or a devastating im- dent. Senator KERRY, is it your intent passed a new farm bill. Mandate for no- pact, caution and common sense predi- to enter into a colloquy with the Sen- till; no-till farming, forcing farmers to cate that we should do everything pos- ator from West Virginia on this issue? buy all sorts of new equipment. Here’s sible in order to avoid the potential of Mr. KERRY. Mr. President, not nec- a good one: Restrictions on livestock that kind of catastrophe. essarily. I am going to wait until I production to reduce methane emission I reserve the balance of our time. have had a moment to discuss this with for the United Nations. We are going to Mr. HAGEL addressed the Chair. Senator CHAFEE. But we can proceed control what goes into the cow and The PRESIDING OFFICER. The Sen- with the debate. There are people on now, evidently, we are going to have a ator from Nebraska. his side that would like to speak. I will U.N. observer trying to control what Mr. HAGEL. Mr. President, I yield reserve the balance of our time. comes out of the cow. And restrictions myself whatever time I need. I just Mr. HAGEL. I thank the Senator. I on processing and transportation of would like to make a quick response to would like to yield to my friend from food products. my colleague. I noted that my col- Kansas 2 minutes for his comments on This is uncalled for. Many of my col- league from Massachusetts keeps em- this issue as well. leagues joined to send a letter to the ploying the name of Senator BYRD. I The PRESIDING OFFICER. The Sen- administration to say, how on Earth assume that Senator BYRD is going to ator from Kansas. are we going to do this and still feed have an opportunity to speak for him- Mr. ROBERTS. Mr. President, might America in a troubled and hungry self on this. I inquire of my distinguished colleague world? That answer has not been forth- First, let’s be very clear. This is all from Nebraska, was that 4 minutes or 2 coming. We recommended five consid- interesting, but it does not at all have minutes? erations, and then we follow with the anything to do with the Byrd-Hagel Mr. HAGEL. It is 2 minutes. It was 4 letter that was sent to the President resolution. That is No. 1. Two, I am minutes 2 minutes ago, and I am sorry last November by every major agri- saying—and I think much of what we about that. I might add that we intend culture group. are talking about on the resolution to continue this dialog and colloquy, I ask unanimous consent that this that legally binding commitments are hopefully, next week because as a re- letter be printed in the RECORD. pretty tough, and we want to under- sult of the fact that we were given less There being no objection, the letter stand about those legally binding com- time late last night than what was was ordered to be printed in the mitments before anybody gets legally originally agreed to, even though I RECORD, as follows: bound, regarding if we are talking happen to be standing in this position, NOVEMBER 8, 1996. about a European bubble, or whatever. there is not much I can do with that. I THE PRESIDENT, Mr. KERRY. Let me answer the Sen- live by the law. So that is why you The White House, ator by saying we don’t disagree with Washington, DC. have 2 minutes, and probably less. DEAR MR. PRESIDENT: Last summer, par- that at all. Mr. ROBERTS. Mr. President, might Mr. HAGEL. This is interesting, I say ticipants in the second Conference of Parties I inquire whether that dialog came out of the United Nations’ Framework Conven- to the Senator, but again it does not of my time? I assume I have an addi- tion on Climate Change (UNFCCC) agreed to reflect on what the Byrd-Hagel resolu- tional 2 minutes. I was merely ques- negotiations for legally binding numeric lim- tion reflects. its on greenhouse gas emissions. This dra- Mr. KERRY. How doesn’t it reflect on tioning the distinguished Senator from Nebraska on the time. matic shift from voluntary to enforceable it? caps on greenhouse gases was led by the U.S. Mr. HAGEL. We don’t talk about the The PRESIDING OFFICER. The Sen- According to your spokespeople, there is now European bubble. More important, we ator is recognized for 2 minutes. a consensus in the world scientific commu- don’t talk about European trading and Mr. ROBERTS. I thank the Chair. I nity which demands urgent action to reduce am upset. Talking about global warm- greenhouse gas emissions. joint implementation. If Senator BYRD ing, I have a little global warming un- There is less than agreement outside the wants to say that, he can. This Senator United Nation’s scientific body. Further- wants to make it clear that I am not in derneath the collar. Two minutes and one hour of debate for such a terribly, more, there is still a lively debate among re- favor of any sort or form of emissions spected scientists about the human versus trading or joint implementation. terribly serious question. natural sources of greenhouse gases and Furthermore, any kind of implied I rise in support of Senate Concur- their effect on climate. Controversy notwith- United Nations bureaucracy with the rent Resolution 98, and that is a fancy standing, the climate change treaty is mov- power to come in and inspect and pe- word that puts the Senate on record ing full-speed ahead with the Administra- against any U.N.-sponsored, legally tion’s enthusiastic support. A final agree- nalize and fine and shut down Amer- ment is scheduled to be completed in Decem- ican companies, which obviously is the binding greenhouse treaty. I come to this issue as the former chairman of ber of 1997, with ratification by individual legitimate logical conclusion of this, I countries beginning in 1998. If ratified by the want to be on record right now in say- the House Agriculture Committee, U.S. Senate, the treaty will be binding on ing I oppose that. Obviously, Senator where we spent years trying to address the U.S. and other developed countries and our emission policies with sound BYRD can speak for himself. may be incorporated into U.S. law. However, Mr. KERRY. To answer the Senator, science, reasonable cost-benefit consid- developing countries will not have to com- since he wanted to engage in this dis- erations, and I want to wake up farm ply. Of great concern to agriculture are reports cussion, no one has suggested any such country because that is not what is going to happen. under consideration by the U.N. scientific thing, and I would be against that, panel which blame agriculture for more than also. A U.N. scientific panel now blames 20 percent of human-caused greenhouse gas Second, the Senator would have to agriculture, under the auspices of this emissions. Specifically, we are concerned agree with me that this resolution is plan, for 20 percent of human-caused about proposals for the following: fuel econ- silent on the issue of emissions trad- greenhouse gas emissions. They pro- omy requirements, reduction or phaseout of ing. That is what I said; I said it is si- pose the following things, Mr. and Mrs. the use of diesel fuel, limitations on produc- lent. Farmer, so get your pencil out, get tion per acre for some crops, requirements your yellow tablet out. We don’t have for ‘‘plowless’’ soil preparation, mandatory Mr. HAGEL. That is what I have said. fallowing of crop land, limits and restric- I said I could not support that, will not time to really discuss this—Senators tions on livestock production to reduce support that, and I want to make sure want to leap on their airplanes at 12 methane emissions, restrictions on use of my colleagues understand that, and o’clock—in terms of an issue that will fertilizer, restrictions on timber harvesting, that we stay focused on this. affect every life and every pocketbook restrictions on processing, manufacturing Mr. KERRY. We will let the Senator in America. But we are here talking and transportation of food products. from West Virginia speak for himself. about it, and I probably have 30 sec- Unfortunately, these proposals ignore agri- onds. culture’s positive role in reducing green- But it is my understanding that the house gases by removing carbon dioxide from Senator from West Virginia has a dif- Wake up. Mandatory increased fuel the atmosphere through photosynthesis. ferent view. economy requirements. Phaseout of Most importantly, they cavalierly disregard The PRESIDING OFFICER. The Sen- diesel fuel. How are our tractors going the most valuable function of modern agri- ator from Nebraska has the floor. to run? I don’t know. Limitations on culture—feeding a hungry world. Ironically, S8122 CONGRESSIONAL RECORD — SENATE July 25, 1997 rice production has been singled out as the However, Deputy Secretary of State And, what are the particulars of this number one culprit in human-caused meth- Tim Wirth last year at the Berlin globally binding treaty? Perhaps they ane emissions. meeting of the Conference of Parties of are reluctant to tell the folks in Dodge We are very concerned that these rec- ommendations or similar ones will be incor- the U.N. Framework Convention on City, America, this treaty will estab- porated in the final climate change agree- Climate Change suddenly changed the lish a global greenhouse trading emis- ment, ratified and imposed on U.S. farmers voluntary course of action. Under the sions system. This means some inter- and ranchers through U.S. laws. Binding and White House’s supervision, Deputy Sec- national body, probably the United Na- enforceable controls would apply only to de- retary Wirth proposed global warming tions, will be responsible for tracking veloped countries and would severely dis- treaty language that would force the our use of fossil fuels in the United advantage U.S. farmers and ranchers in to- United States and smaller developed States. The United Nations will be re- day’s global markets. Moreover, we are deeply concerned and nations like Great Britain and Ger- quired to know how much jet fuel and surprised that the Administration has not many, to control their greenhouse gas diesel the Marines, Air Force, Army, actively consulted with agriculture as the emissions, but purposefully exempts and Navy use. The White House has not agreement has been developed. We respect- so-called developing nations such as even discussed the national security fully request that the Administration take China, India, South Korea, Mexico, and implications of this treaty with the the following actions: Brazil, from the binding treaty lan- Senate Armed Services Committee. (1) The Administration must fully and ac- Wake up, farm country, the U.N. sci- tively consult with agriculture. Agricultural guage. interests have not been considered by the It is fact that China and India will entific panel blames agriculture for Department of State and other U.S. agencies exceed United States greenhouse gas more than 20 percent of human-caused which are closely involved with the develop- emissions early next century, but they greenhouse gas emissions and has pro- ment of the climate change agreement. The will be exempt from this U.N.-designed posed the following proposals for agri- agreement must include an open and exten- treaty. These developing nations will culture: sive public debate which involves agricul- have no international authority regu- Increased fuel economy require- tural producers and members of Congress, ments, meaning that pickups will be USDA and other agencies. lating their industries or way of life. (2) The Administration should withdraw its As a result, the White House is meekly lighter and cannot carry as much feed support for legally binding and enforceable declining to be forceful in its negotia- and seed; caps on emissions until here is a stronger tions and would rather unilaterally dis- Phaseout of diesel fuel. What does consensus from the scientific community arm our economy that is based on the President propose we burn in trac- that they are justified. If it is determined power. If Deputy Secretary Wirth and tors? that controls are justified, they should be ac- Limitations on production per acre; complished voluntarily or in ways which others supporting this treaty are so concerned, perhaps they can tell me been there done that. minimize disruption of U.S. agricultural pro- Mandate for no-till, forcing farmers ducers. how stopping United States carbon di- (3) The final climate change agreement, oxide emissions while letting China to use planters that may not be right scheduled for completion in December of and India pollute will help their envi- for their crops or soil; Restrictions on livestock production 1997, must be delayed to provide sufficient ronmental cause. What is the benefit? time for consultation with agriculture and to reduce methane emission. Evidently There is none under this treaty if these for adequate risk, cost and benefit assess- the United Nations does not like cow nations are not brought into the same ment. flatulence; global scheme as the United States. Without proper scientific and economic Restrictions on fertilizer; and analyses and assessment, U.S. farmers and Mr. President we are really talking Restrictions on processing and trans- ranchers may be placed at a serious dis- about a legally binding greenhouse gas advantage with agricultural producers in portation of food products. treaty. Sounds like Washingtonese to This is uncalled for and I joined with countries which do not plan to reduce green- Mr. and Mrs. America, but what it real- house gases. my Senate colleagues on the Agri- If the Administration does not adequately ly means is the White House is telling culture Committee in a letter to the address the above concerns, we may raise the world that developed nations feel Vice President on March 14 expressing them with Congress during the ratification guilty about their strong and vibrant our deep concern that the White House process. industrial base, therefore they must be greenhouse proposal was ignorant of Sincerely, causing global warming. Deputy Sec- American Farm Bureau Federation, the likely mandatory restrictions on retary of State Tim Wirth in his June the world’s food and fiber supplier. Our American Crop Protection Association, 19 testimony before the Senate Foreign American Sheep Industries Associa- agriculture policies are the responsibil- tion, American Soybean Association, Relations Committee admitted that be- ity of the U.S. Congress in consultation CENEX, National Association of Wheat cause the United States produces 20 with the President. The United Nations Growers, National Cattlemen’s Beef percent of the world’s carbon emissions should have no say whatsoever in Association, National Corn Growers and has only 4 percent of the world’s planting, tilling, or harvesting. In our Association, National Cotton Council, population that Congress, without letter we asked the administration to National Food Processors Association, sound science on global warming, man- National Grange, National Milk Pro- analyze and brief us on the following date that business and consumers stop points regarding agriculture. ducers Federation, National Pork Pro- using their cars, trucks, combines, ducers Council, The Fertilizer Insti- First, the potential effect of climate tute, United Agribusiness League, trains, and boats, not to mention shut- change on U.S. agriculture and live- United Fresh Fruit and Vegetable As- ting down factories to ease the pain of stock production. sociation, USA Rice, Western Growers others about our quality of life. Second, the estimated greenhouse Association. In 1990, the United States produced gas emission resulting from the pro- Mr. ROBERTS. Mr. President, I am more than 26 percent of the world’s duction of crops and livestock in the pleased to join a bipartisan majority of goods and services, while producing United States. my colleagues today in support of Sen- only 20 percent of its carbon emissions. Third, the net contribution of U.S. ate Resolution 98 that puts the Senate Deputy Secretary Wirth also failed to forests and crops soaking up green- on record against any United Nations- show that America’s air is getting house gases. sponsored global climate change treaty cleaner because in the Environmental Fourth, actions and controls nec- that would be binding on only devel- Protection Agency’s report National essary to reduce agricultural green- oped nations. Air Quality and Emissions Trends Re- house gas emissions to comply with ob- It had been U.S. policy until last port, 1995 documented improvement in ligations that may arise under the year that the United States would pur- air quality over the past 9 years. This treaty and an economic analysis of sue voluntary programs to reduce improvement in air quality seems to their impact on U.S. farmers and greenhouse gas emissions to 1990 levels. baffle the EPA and supporters of the ranchers. This made sense, the science is not binding treaty because our air quality Fifth, whether and to what extent clear on global warming and no nation keeps improving despite the growth of greenhouse gas emission controls should risk their economic well being the U.S. population, more automobile would disadvantage agriculture produc- because of environmental extremism use, not to mention the growth in our ers in this country compared to pro- that ignores the call for sound science. gross domestic product. ducers in other countries with fewer July 25, 1997 CONGRESSIONAL RECORD — SENATE S8123 stringent emission controls or no con- farmer raising hay and alfalfa costs per the world that if they propose such a trols at all. acre would have gone up $2.91. why misguided treaty to the U.S. Senate, it The silence from the White House can’t the White House give us this in- will fail. about our concern is evident that they formation about their treaty proposal? Mr. LOTT. Mr. President, I support are waiting until December when Con- What concerns me is that the admin- Senate Resolution 98, the sense-of-the- gress is safely at home that they will istration is paying attention to the Senate resolution on the Global Cli- reveal the treaty includes a carbon fuel questionable science on global warm- mate Change Treaty submitted by Sen- tax. Fortunately, my astute colleagues ing and is blindly putting the U.S. agri- ators BYRD and HAGEL and supported in the Senate have been able to extract culture industry in an uneconomical by nearly two-thirds of the Senate. pieces of this plan through congres- production straitjacket that will do Like many of my colleagues on both sional hearings. The White House will more harm on a global scale. The Kan- sides of the aisle, I have many serious impose a Btu tax on energy sources sas State University study determined concerns about the economic impact like gasoline, diesel, and electricity. that the majority of a Btu tax will be that this treaty would have on our Na- According to congressional testimony passed on in the price of fertilizer, ag tion. by Dr. Janet Yellen, chairman of the chemicals, fuels, and grain drying By adopting this amendment, the President’s Council of Economic Advi- costs. I would like to quote directly Senate will be exercising its constitu- sors, that a $100 tax for every ton of from the study: ‘‘[I]n return, the man- tional role of advising the executive carbon produced from fossil fuels will ager will not be able to pass these costs branch as part of a treaty process. The be needed to reduce U.S. greenhouse on in terms of higher commodity President should take this resolution gas emissions to 1990 levels. I know prices. Farm managers may reduce the as a serious and constructive step in that some of my seasoned colleagues use of energy-intensive inputs to some the treaty process. recall that this is the same administra- degree, resulting in smaller production Before we take another step toward tion that in 1993 proposed a com- and increased commodity prices.’’ ratification, I believe that the Senate plicated Btu tax on fossil fuels. While I am never one to question high- must insure that the economic impact Mr. President, a Btu tax is unneeded er wheat prices, I would if it meant and inequity of this international and goes against everything the Con- forcing farmers from using diesel or agreement be fully aired for the Amer- gress and White House has been strug- fallowing fields because the United Na- ican people. gling for over the past 2 months, a bal- tions suggested it to meet the treaty’s As written, this legally binding trea- anced budget with income-tax breaks. requirement. ty would require the United States and What would this Btu tax cost the fam- The study summary goes on. ‘‘An in- other developed countries to reduce ily, the small businessman, or farmer? crease in the costs of production will their carbon dioxide and greenhouse Well, some economists believe that to reduce the supply of farm crops.’’ We, gas emissions to 1990 levels by the year reach the 1990 level of U.S. carbon diox- the United States, who proudly sup- 2010. In order to meet these targets, the ide emissions that the Btu tax would plies the rest of the world with wheat, United States would either have to be comparable to an increase of at corn and almost every imaginable nat- issue new regulations or levy huge least a quarter, if not two, in the Fed- ural product, probably cannot provide taxes on all fossil fuels in proportion to eral gas tax. That’s a lot of money for food to these developing nations clam- their carbon contents. Economists the pizza man or the single mother oring for international food aid if our have suggested that stabilizing emis- shuttling kids between school and soc- production costs increase. If our pro- sions at 1990 levels with a tax could cut cer practice. The same thing happens duction goes down, our domestic mar- America’s gross domestic product by on these folks’ power bills every month ket will become paramount and the $350 billion. Further regulations would because coal or natural gas is used to United States may have to ignore the likely take even billions more from our generate electricity that provides them poor and hungry of other nations that economy. a warm home in the winter and a cool we have been feeding for tens of years. And what would the developing na- house in the summer. My colleagues, the administration tions contribute? Coming from an energy-intensive was in the process of trying to develop What would our neighbors in Mexico State where we have to drive long ways a specific economic model to predict have to do to help stop global warm- to reach home or work, this tax is what the costs of this binding treaty ing? Nothing. senseless. Specifically, it will hurt our would be on America, not only farms, What about other so-called develop- farmers, who EPA Administrator but all industries. But, the administra- ing nations like Korea, China, India, Browner called earlier this week the tion told the Congress they specifically and Brazil? ‘‘backbone of America.’’ A Btu tax will wanted the model to be peer reviewed The treaty lets them off the hook. dramatically affect the bottom line of to ensure there would be no questions Mr. President, this is not an equi- farmers and ranchers. An analysis of about its results. However, when they table international policy. the 1993 Btu tax proposal by the Kansas presented it for peer review, the re- This is not a level playing field for State University Department of Agri- viewers told the White House that the United States. culture Economics determined that their model did not work and, if they Simply put, I believe the United would have cost Kansas farmers from did find one, it would clearly show the States should not ratify this treaty as $1,311 to $4,531 depending on their loca- treaty would substantially hurt the it stands. tion in the Sunflower State. That is a economy. The White House refuses now I do not believe that this Nation has lot of money, and if the crops are bad, to speculate what the impacts would been a bad actor when it comes to it hurts producers’ bottom line even be. Could it be they are afraid of spook- characterizing our environmental pub- more. ing Wall Street and its meteoric rise lic policy. In fact, I believe America Here are some specifics from the re- above 8,000? Why should companies in- has already set the example. An exam- port that need to be closely examined vest in plants and people only to be ple which all Americans have through because they will mirror what the taxed more here in the United States? their taxes and prices on many com- White House will be proposing. A Rice As you can see, this treaty will cost modities has already paid for. Unless County, KS, farmer planting continu- jobs. all the citizens of the globe are in- ous cropped wheat under the 1993 pro- Mr. President, I urge my colleagues volved, there is a clear inequity. posed Btu tax cost per acre would have to oppose any weakening amendments Mr. President, this does not mean I increased by $1.45. For a northeast to the resolution. This strongly worded do not want to address the issue of cur- Kansas dryland milo farmer in Brown sense of the Senate needs to be shared tailing carbon emissions. County, his cost per acre would have not only with the appropriate adminis- It means that we should only partici- risen by $2.90. The same Brown County tration officials but world leaders in pate in a fair, balanced equitable farmer growing corn, which Kansas is developed and developing nations. I agreement where all nations must par- increasing its acreage under freedom to know that there will be a meeting in ticipate. farm, would have paid $3.58 per acre for Bonn, Germany, in several weeks and I Is there such a thing as global warm- corn under a Btu tax. A Miami County hope the administration will reveal to ing? S8124 CONGRESSIONAL RECORD — SENATE July 25, 1997 We must admit that there is no con- impose enormous hardships on the av- eration of this legislation is critical to sensus among scientists about the va- erage consumer. The treaty is essen- shaping the upcoming debate on global lidity of this theory. While some cry tially an attack on America’s life climate issues and amending the that the polar ice caps are melting as style. Framework Convention on Global Cli- we speak, others point out that the The United States has already spent mate Change. An upcoming meeting in lower atmosphere has shown no statis- more than a trillion dollars to clean Kyoto, Japan, has the potential to tically significant warming in the past the environment. American taxpayers cripple our economic potential, while 19 years. must be assured that any new environ- allowing the emissions from less devel- I do not believe this is the place to mental programs actually provide ben- oped nations to grow unchecked. launch a debate on the quality of the efits that outweigh their costs and that The Rio Treaty signed by President scientific data. I simply point out that are grounded in sound science. At the Bush called for industrialized nations the science is not settled or certain. So same time, we must not enter into any to voluntarily reduce greenhouse gas why rush into signing a legally binding international agreement that puts the emissions to 1990 levels or lower by the and economically damaging inter- United States at a significant dis- year 2000. All but two countries will national agreement? advantage in the global arena. miss the goals, including the United This much is certain—in order for Mr. President, I believe the Global States which missed the mark by 10 America to reach the treaty’s goal of Climate Change Treaty is unacceptable percent. The administration blamed reducing greenhouse gas emissions to as it stands at the very least it needs this on low fuel prices and a strong 1990 levels by 2010, the United States the Byrd-Hagel correction. economy. Mr. President, this is not a will have to reduce their fossil fuel use I would like to thank and commend liability or something the United by at least 25 percent. Senators BYRD and HAGEL for their States should apologize for. How do those who advocate this trea- dedicated efforts to educate our col- Nonetheless, in an effort to reverse ty think this will impact our country? leagues on this issue. I appreciate their this success, the Clinton administra- Mr. President, let me give my col- leadership and thoughtful consider- tion signed on to the Berlin mandate in leagues some illustrations of what our ation of this important international 1995. This is an agreement of industri- Nation could face: First, energy taxes environmental issue. Thank you, Sen- alized nations to further reduce emis- on energy use which would reduce eco- ator BYRD and Senator HAGEL. sions after 2000. Unfortunately, this nomic growth by nearly 3 percent an- Mr. President, I urge my colleagues agreement exempts 130 developing nually, increasing consumer costs by on both sides of the aisle to join me in countries from reductions or commit- $110 billion; second, the loss of under 2 supporting the Byrd-Hagel resolution. ments in greenhouse gases. This enor- million American jobs, most of which Mrs. MURRAY. Mr. President, I rise mous loophole will guarantee the fail- will actually move overseas; and third, in support of the Byrd resolution. ure of this agreement. In 1996, the ad- harm to the steel, basic chemicals, pe- I will vote for this resolution, first, ministration decided that it would use troleum refining, aluminum, paper and because the concerns of American the Berlin mandate to create a new cement industries, which would be tar- workers and industry must be consid- treaty with legally binding mandates geted for severe restrictions by the ered in any treaty into which this on emission levels. treaty. country enters. This resolution un- Mr. President, I am very concerned The Byrd-Hagel resolution states equivocally sends that message. with the administration’s intention to that the United States should not be a Second, it should be without dispute sign an agreement that commits the signatory to any agreement that that developing nations must control United States to legally-binding emis- ‘‘would result in serious harm to the their emissions if we are to reduce sions levels that will not achieve sig- economy of the United States.’’ I be- greenhouse gas. This resolution nificant environmental gains. The fatal lieve this is a reasonable and respon- strengthens our bargaining position to flaw of this agreement is that it ex- sible action. ensure real, attainable standards are empts developing nations, including Mr. President, this treaty imposes established for developing countries, China which is estimated to exceed the very serious burdens on our economy too. United States in greenhouse gas emis- with little environmental gain. This is I want to make it clear, however, sions by 2015. By 2010, the share of U.S. just not a sound public policy. that I support a negotiated global global emissions will fall from 20 per- I have but one question for those who warming treaty. I believe science and cent to just 10 percent as developing want to sign the treaty: How can common sense mandate that we work nations continue to grow in population America help the global environment to reduce emissions and increase forest and industrial capability. By the year by wreaking havoc and permanent conservation to offset emissions. 2100, developing nations are estimated harm on our own economy? Regarding the developed-developing to produce three-quarters of the total This administration says that the nation debate, I believe it is also clear greenhouse gases. United States—all alone—should de- that we developed nations have histori- In testimony before the Senate For- crease its energy use for 40 years before cally emitted more greenhouse gases eign Relations Committee on July 21, the developing nations are required to per capita than have developing coun- Under Secretary Tim Wirth argued this participate. There is no guarantee that tries. In addition, we are economically agreement was like a row boat and the these developing nations will be any more able to absorb whatever increased United States should ‘‘pull a heavier more interested in curtailing their en- costs occur based on the need to reduce oar at the beginning; over time, we ergy use then than they are now. emissions. Therefore, we should assist must all pull together.’’ Today, China is accelerating its use of our neighbors through technology Mr. President, anybody who has ever fossil fuels, and by 2015, will likely pass transfer, economic assistance, and operated a rowboat knows that when the United States in total carbon emis- joint ventures in meeting whatever you pull harder on one oar you end up sions. Is it fair to let them off the hook emissions goals are established. going in circles. And that is precisely now while we are subject to such strin- I offer my strong support to the ad- what this agreement will do. It won’t gent regulation? ministration as it continues negotia- achieve any net environmental gains The Byrd-Hagel resolution would re- tions to reduce greenhouse gases world- and worse, will succeed in sending our quire developing nations to comply wide. I thank Senator BYRD for economy into a tailspin. with the same regulations at the same strengthening the American bargaining Left unchanged, this agreement will time in the same treaty as the United position with this resolution. provide a significant advantage to our States. This is not only equitable, it is Mr. MCCONNELL. Mr. President, I competitors. In order to achieve lower the only way that there can be any real rise in support of the Byrd/Hagel reso- emission levels, new energy costs and benefit to the global environment. lution. This legislation expresses the other costly regulatory burdens re- Mr. President, the debate over global sense of the Senate regarding the con- quired to reduce energy use reduce our warming is tremendously important to ditions for the United States to become competitive advantage in all indus- the future of all Americans. The threat a signatory to any international agree- tries. It is likely to force our most en- of losing 2.5 percent of our GDP will ment on global climate change. Consid- ergy-intensive industries like steel, July 25, 1997 CONGRESSIONAL RECORD — SENATE S8125 aluminum, chemicals, refining, and to the administration by voting for the our economic competitors an unfair ad- paper production to move overseas. Mr. Byrd/Hagel resolution. This is a vote vantage. President, this is unacceptable. for jobs and a vote for the environ- Yet developing countries are resist- Study after study has demonstrated ment. ing such efforts. So how can we change that this agreement would cripple our Mr. BAUCUS. Mr. President, later their thinking? Perhaps by broadening economy. A DRI/McGraw Hill study this year the 166 countries that signed our own. shows our Nation’s GDP would be re- the 1992 climate change treaty will Let me take one country, China, as duced annually by 2 to 3 percent. Ac- meet in Kyoto, Japan. They will be an example. Why China? For one, be- cording to the AFL–CIO, between 1.25 seeking stronger measures to control a cause over the next 20 years, China will million and 1.5 million U.S. jobs would potential threat to the future of our be responsible for one-third of the in- be lost. These jobs would reemerge in planet and to the lives of everyone liv- crease in greenhouse gas emissions. other countries where, as a result of ing today and children yet to be born. For another because the United the flawed agreement, emission levels The threat is easy to understand, States has a lot of issues to deal with and high energy taxes are not a con- even if the science is complicated and a China on. Trade, human rights, re- cern. On top of this consumer costs bit uncertain. In hearings before the gional security, and environmental would rise by $50 to $100 billion annu- Environment and Public Works Com- protection, to name a few. ally. Higher energy prices would mean mittee earlier this month, a panel of So despite fundamental disagree- increased costs on all goods including respected scientists gave us their as- ments on some issues, we share many groceries, electricity, and gasoline. sessment of the problem. mutual interests, including climate Mr. President, I represent a State They told us that man-made emis- change. that this treaty puts right in the cross sions of greenhouse gasses, such as car- China has more people potentially at hairs. There are 25,000 people whose bon dioxide, have led to a distinct risk from rising sea levels and violent jobs are tied directly to the coal indus- warming of the Earth over the past 100 weather than any other nation. It also try. Higher energy taxes, like the Btu years. More troubling, however was has an urgent need to increase its do- tax proposed by this administration, their prediction. mestic energy supplies. If we consider hits coal harder than any other energy If left unchecked, the continued the broad array of interests we share, I source. Thousands of well-paying jobs growth in these emissions, which trap suspect we will find ways to gain their would be lost in my State as this ad- the sun’s heat, will have potentially se- support on climate change issues. ministration seeks to eliminate coal as rious effects. These consequences in- After all, China is a growing part of our primary energy source, while giv- clude shifting climate patterns and the problem, it must be part of the so- ing developing nations an unfair advan- more frequent violent weather events, lution. tage. such as floods and droughts. Another aspect of encouraging devel- It is important to keep in mind that Now most areas of the country expe- oping nations to participate in new coal provides over 50 percent of our rience extreme weather conditions emission controls is to include in the power needs nationwide. This is the from time to time. But permanent treaty flexible, market-based strate- low cost fuel source that helps main- shifts in climate patterns can seriously gies, such as joint implementation and tain this Nation’s competitive edge and alter our lives and our economy. emissions trading. reduces increased dependency on for- For instance, in an agricultural Market-based strategies have been eign oil. State, such as Montana, the prospect of very successful here at home. For in- Not only would the Kentucky mining more flooding and longer dry spells is a stance, the acid rain program in the industry be devastated, but industries threat to the livelihood of our farming 1990 Clean Air Act included trading of across my State would feel the impact and ranching families and their com- sulfur dioxide emissions credits. of higher energy prices. As I noted ear- munities. And, if weather patterns This program stimulated techno- lier, industries like chemical, steel, change, crop yields can be seriously de- logical innovation. It also reduced sul- paper, and aluminum would be greatly creased. fur dioxide emissions at a cost that was impacted. Three of our leading manu- These kinds of threats to our future less than one-tenth that predicted by facturers General Electric, Ford and are serious enough that we must take industry. Toyota use significant amounts of en- action to avoid them. We can begin by By including similar programs in a ergy. The 30,000 jobs at these facilities controlling our greenhouse gas emis- climate change treaty, we can achieve would all be threatened by our foreign sions. And if we start with modest greenhouse gas reductions at the low- competitors. steps now, instead of waiting, we will est possible cost. It gives U.S firms the The Byrd/Hagel resolution addresses likely avoid any serious economic dis- flexibility to comply with emission the unfairness in the agreement being ruptions. targets in a way that makes the most considered by the administration. This In 1992, the Rio summit asked devel- sense for them. And it will protect our resolution mandates specific scheduled oped countries to lead the way. The cli- worldwide economic competitiveness. commitments to limit or reduce green- mate change treaty committed these For developing countries, emission house gas emission for developing na- countries to voluntarily reduce their trading can give them access to new tions, with the same compliance pe- emissions of carbon dioxide to 1990 lev- technology and financial support that riod. els by 2000. will make it easier for them to comply If every nation doesn’t agree to the Unfortunately, the voluntary actions with their new obligations. same emission levels and timetables, didn’t work. The good intentions of The language contained in Senate what incentive will they have to nego- most countries never translated into Resolution 98 will help achieve the goal tiate in the future when they have an concrete results. So if we are to control of including all countries in the new overwhelming competitive advantage? these emissions, the new treaty must treaty. It is important that we not bargain contain binding limits on emissions. It requires that the treaty mandate away the economic advantages we have However, we also need to make an- new specific scheduled commitments to worked so hard to achieve. other change in the 1992 treaty. limit or reduce greenhouse gas emis- Passage of this resolution will send a We certainly need binding controls sions for developing country parties clear message to the administration on developed countries, which cur- within the same compliance period as when they begin negotiations in Kyoto. rently emit about 60 percent of global developed countries. I am hopeful this will prevent the ad- greenhouse gases. But we also need But since developing and developed ministration from signing an unaccept- them on developing countries, which nations are starting from different able agreement that puts the burden of are responsible for the remaining 40 places, it makes sense to require dif- cleaning up the environment on Amer- percent. ferent targets. Here again, the lan- ican workers just to have these gains We simply can’t reach a solution by guage crafted by Senator BYRD helps. wiped out by developing nations. addressing only 60 percent of the prob- It does not specify that developed and Mr. President, I urge my colleagues lem. Furthermore, unless all countries developing countries meet the same to join me in sending a strong message participate, we run the risk of giving targets and timetables. S8126 CONGRESSIONAL RECORD — SENATE July 25, 1997 When Under Secretary of State Tim replacing its ancient East German pow- is not sufficient. As many of you know, Wirth recently appeared before the En- erplants. Despite the fact that the it has been interpreted by different vironment and Public Works Commit- United States is expected to miss its people in different ways. Some read it tee, he spoke in support of Senator own target by about 10 percent, the ad- to mean that the Senate will not ap- BYRD’s resolution. I believe he said it ministration, by signing the Berlin prove a treaty that does not include was ‘‘largely on the button.’’ He added mandate in March of 1995, now believes identical emissions level and target that the administration ‘‘very much it is a good idea to pursue additional date requirements. Others, however, agrees with the thrust of what [Sen- emissions reduction targets after the have read the same language and deter- ator BYRD] is saying related to develop- year 2000. The Berlin mandate, which mined that it means any treaty must ing country commitments.’’ was not presented to the Senate for ap- have equal commitments when it So although the language of the reso- proval, sets up a process to negotiate a comes to setting time tables but not lution requires new commitments from new treaty that will: First, commit the emissions levels. Unfortunately, it is developing countries, the administra- United States, and other developed easy to set developing countries on a tion should seek emission targets that countries to a legally binding agree- time table and allow then to continue are more consistent with their level of ment—contrary to the earlier approved to pollute in any amount they desire. industrialization. agreement; and second, specifically ex- The emissions levels can be easily set I plan to follow the treaty negotia- empt the 130 developing countries, in- so that the developed countries have tions carefully to be sure that develop- cluding the emerging economies of very stringent, and perhaps unattain- ing countries have agreed to commit to China, Mexico, and Korea, from any ad- able levels, while the developing coun- controlling their greenhouse gases. ditional commitments. tries have very lax, easily reached And while the resolution unfortu- It does not make sense, either envi- goals—all the while, all countries are nately omits any mention of the need ronmentally or economically, to focus operating within the same time table. for market-based strategies to achieve on the nations which are already The time table alone does not deter- the emissions targets, I believe the spending billions on pollution control mine the amount of pollution emitted; treaty must include them. They simply and making substantial progress, while the emission level is more important. make much more sense for all coun- ignoring the so-called developing coun- Setting the developing countries to the tries than the command-and-control tries. U.S. companies, using the best same timetables without meaningful approach being advocated by some. available technology, are able to elimi- emissions limitations will not preclude In closing, Mr. President, let me say nate a great deal of pollution from them from emitting larger amounts of that the toughest issues for democ- their emissions. To achieve an addi- greenhouse gases. This approach, I be- racies to handle are those in which the tional increment of pollution reduction lieve, defeats the purpose of the treaty threat to society builds gradually, but requires a much larger amount of ratified by the Senate, which is to vol- inexorably, over time, such as with money to be spent. Because of the law untarily reduce greenhouse-gas emis- global climate change. We deal well of diminishing returns, the costs will sions on a global scale. The original in- with immediate crises. heavily outweigh any benefits. How- tent was not to legally bind the annex My hope is that by debating this ever, in developing countries, where I countries to set timetables and emis- issue today, by passing this resolution, the pollution control technology is not sions levels while only requiring the we will elevate the public discussion be as advanced or widespread as it is developing countries to comply with about climate change and avoid the here in the United States, a dollar parallel timetables but not the same need for a future crisis to spur us into spent on pollution control will stretch emissions standards. action. much further and achieve far more sig- Also of concern is the fact that the Mr. KYL. Mr. President, I take this nificant reductions in overall pollu- administration is basing its climate- opportunity to comment on the resolu- tion. Thus, the cost/benefit ratio favors change policy on questionable science. tion now before the Senate. It is clear significant pollution reduction in de- The science on climate change is very from the number of Members who are veloping, not developed, countries. much an open inquiry into an as-yet- signatories to this resolution that the In addition to the simple cost/benefit unconfirmed phenomenon over which majority of this Chamber has signifi- analysis, many scientists predict the the scientific community remains cant reservations, as it should, about greatest increase of future greenhouse sharply divided. Discrepancies exist in the ratification of any international emissions will come from developing the evidence now being considered. So, agreement on greenhouse gas emissions countries like China, Mexico, Brazil, before the administration binds the under the U.N. Framework Convention and Korea. As much as 60 percent of United States legally to costly, and on Climate Change. I intend to vote for global carbon emissions are expected possibly unnecessary, standards and the resolution, but I must say I believe to come from such countries in the goals, shouldn’t we allow for the it does not go far enough in bringing to next few decades, with China becoming science on this matter to first evolve light the faults of the convention. I’d the single-largest emitter in the near and, in turn, allow for us to base our like to amplify some points that are future. Since these countries are ex- decision on facts? touched upon only briefly in the reso- pected to produce the bulk of future Finally, there is the question of why lution. greenhouse emissions, exempting them the United States would embark on a I am very concerned about the call to will not reduce net global emissions. course of action that many scientists move away from voluntary goals, as Both cost-benefit analysis and common say would do little environmental framed in the original convention, to- sense say that the most effective way good. A report released in January of ward legally binding emissions-limita- to reduce net global pollution is to re- this year, January 10, 1997, by the Con- tion targets and timetables for the duce emissions in the developing na- gressional Research Service poses the United States, as well as the other de- tions. question: ‘‘Given the scientific uncer- veloped, or annex I, countries that are While I presume many supporters of tainties regarding the magnitude, tim- party to the convention. The 1992 trea- this resolution agree that under no cir- ing, rate, and regional consequences of ty, ratified by the Senate, called for cumstances should the United States the potential climatic change, what are the economically developed countries be subjected to legally binding emis- the appropriate policy responses?’’ I be- to undertake voluntary actions to aim sions limitations, I believe the resolu- lieve the appropriate response is to to reduce their greenhouse gas emis- tion is somewhat unclear. As I read it, wait for the science to evolve; not to sions. Unfortunately, the only major it says the United States will agree to leap into legally binding emission lim- developed nations that will meet this legally binding emissions if ‘‘the proto- its that, if developed, would not nec- voluntary target of 1990 levels by 2000 col or other agreements also mandates essarily improve the environment and are Britain—because it switched its new specific scheduled commitments to would cost American citizens billions fuel for electricity production from limit or reduce greenhouse gas emis- of dollars. heavily subsidized coal to North Sea sions for developing country parties Confirming this approach, Dr. Robert natural gas—and Germany—because it within the same compliance period.’’ C. Balling, Jr. of Arizona State Univer- is able to count efficiency gains from Unfortunately, I believe this condition sity issued a report entitled ‘‘Global July 25, 1997 CONGRESSIONAL RECORD — SENATE S8127 Warming: Messy Models, Decent Data, be successful unless rapidly developing This will only worsen the problem Pointless Policy.’’ In it he states, countries are forced to take the kind of the administration claims it wants to ‘‘Global warming is presented as a cri- tough steps that the United States will fix. sis that can be stopped or minimized have to take. Developing countries are projected to with appropriate policy actions. How- We cannot be a part of a binding continue increasing their use of fossil ever, the evidence suggests that realis- international agreement that lets fuels. tic policies are likely to have minimal countries such as China, South Korea, And by the year 2015, China alone is climatic impact. Recent research also and India off the hook. Developing na- expected to surpass the United States suggests that a delay in implementing tions do contribute to global warming. in total carbon emissions. policy responses will have little effect If we exempt them from the restric- The Clinton administration’s plan on the efficacy of global warming miti- tions mandated for the industrialized will also drive the economy down and gation strategies.’’ He continues: ‘‘It is nations, we will simply see a shifting of send jobs overseas. absolutely imperative that the policies pollution, not a reduction. This is not The AFL–CIO estimates that between developed for the global warming issue what anyone wants to see happen. 1.25 and 1.5 million American jobs be built on the best science.’’ Mr. The objective of the treaty being ne- would go overseas. President, I could not agree more. gotiated is to curb global climate And the plan would put the United This December in Kyoto, Japan, the change. The United States has already States at a severe competitive dis- administration will further commit it- taken steps to achieve this goal. At the advantage and reduce our GDP by $200 self to the convention; it will be offer- beginning of President Clinton’s first billion. ing protocols to that instrument that term, he released his administration’s Nevertheless, the administration— lack the necessary support of the sci- version of a domestic climate change led by Under Secretary of State Tim entific community. Because we do not action plan. Wirth—is on a mad rush to sign a le- know enough to support these terms This plan relies on a comprehensive gally binding treaty in Kyoto, Japan, and allow for the administration to ex- set of voluntary actions by industry, this December. This is in spite of: ploit the ends to justify the means for utilities, and other large-scale energy users. It also promotes energy effi- Uncertain global warming science; climate-change policy, the responsibil- The administration’s unwillingness ity to ensure that the United States is ciency upgrades through new building codes in residential and commercial to reveal its final targets and time- not legally committed to reducing sectors. Large-scale tree planting and tables for emissions reductions; and greenhouse-gas emissions will be forest reserves are encouraged, as well The fact that they have now thrown placed in the hands of the U.S. Senate. as increased use of hydroelectric power out their economic analysis models, We must preserve the right to question sources. which were supposed to help guide pol- the validity of these protocols. Con- These are important steps which will icy makers. gressional oversight of the negotia- have a positive impact on our global The Byrd-Hagel resolution addresses tions is crucial and any agreement climate. We certainly must continue to these discrepancies. reached in Kyoto must be brought be- research causes of global climate It would direct the United States not fore us for advice and consent. Once change, and come up with scientif- to sign any agreement that would: the science on this issue has evolved, ically sound solutions. Our viability as ‘‘Mandate new commitments to limit we will then be able to base our laws on a nation and planet depends on it. or reduce greenhouse gas emissions, the science and avoid the costly mis- But we cannot throw away American unless it also mandates specific sched- take of basing the science on the laws. jobs based on a plan that could have uled commitments to reduce gas emis- Ms. MIKULSKI. Mr. President, I rise only a marginal impact on climate sions for developing countries within in strong support of the Byrd resolu- change. Coming up with the right plan the same compliance period’’; and tion on global climate change and I should have little effect on the Amer- ‘‘Result in serious harm to the econ- urge my colleagues to support it. I am ican economy, because it will mean an omy of the United States.’’ proud to be a cosponsor of this resolu- overall sustainability of the global en- Sixty-four of my colleagues have co- tion. vironment, and the continuation of the sponsored this initiative and I urge This resolution explains what the United States as a leader of techno- their support of this resolution. ground rules should be if the United logical and industrial innovation. Mr. President, I strongly encourage States is to become a signer of the Once again, Mr. President, I support the administration to listen to the con- United Nations Framework Convention this commonsense resolution, which cerns being expressed by this Chamber. on Climate Change. This resolution will simply ensure that American jobs Be honest with us and the American would prohibit the ratification of any won’t be lost as we address the issue of people, and realize that we will not rat- treaty that would seriously threaten global climate change. I am hopeful we ify any treaty which commits the Unit- the economy of the United States. It can pass this resolution and move on to ed States to one set of standards to re- says that both industrialized nations the next stage of protecting our global duce gas emissions, but will let China, and developing countries must share environment. I thank the Chair. India, Mexico, and other developing the burden of any globally binding Mr. THOMAS. Mr. President, I rise countries off the hook. treaty on climate change equally. today in strong support and, as an We ought to focus on bringing all of I support the Byrd resolution for one original cosponsor, of Senate Resolu- the countries of the world to the table. simple, but very compelling reason— tion 98, the Byrd-Hagel global warming Everyone ought to contribute to the jobs. For those of you who thought resolution. cause. you’d hear a vacuum sound pulling jobs I want to thank the Senate leader- Asking all nations to contribute— overseas following NAFTA implemen- ship and Senators BYRD and HAGEL, for within the same compliance period— tation—you ain’t heard nothin’ yet. scheduling floor time for this impor- will help the environment and help The only thing this treaty will do, the tant initiative before negotiators begin U.S. industries stay competitive. way it is written now, is destroy Amer- talks in Bonn, Germany. Mr. KERREY. Mr. President, I rise ican industry as we know it. I will not The administration’s current go-at- today to voice my support for Senate be a party to any treaty or agreement it-alone plan regarding global climate Resolution 98 regarding the U.N. that sends American jobs overseas. change is grossly unfair to the United Framework Convention on Climate Business won’t have any incentive to States. Change. Like my colleagues in the Sen- maintain or build new factories in the I am opposed to setting legally bind- ate, I too am concerned about the ef- United States. ing targets and timetables on the Unit- fects on the economy of any national Let me be clear: I support inter- ed States and other developed coun- or international agreements that the national efforts to improve the envi- tries to reduce greenhouse gas emis- United States enters into. I am par- ronment. But the effort must truly be sions, while at the same time exempt- ticularly concerned with any agree- international if we are to make any ing China, Mexico, Brazil, South Korea, ment that may impact the well-being progress. I do not believe efforts to and India from those identical regula- of the American public and the ecologi- control or reduce global warming will tions. cal balance of this Nation. The U.N. S8128 CONGRESSIONAL RECORD — SENATE July 25, 1997 Framework Convention on Climate trial leader, the United States should emissions permits system, with price Change has the potential to do both. take a clear lead in negotiating a caps and floors, would have revenue po- The United States is scheduled to framework for all countries to partici- tential and would be cost-efficient. join with leaders of 160 nations in pate in global climate change abate- Technology transfer and development Kyoto, Japan in December of this year ment. A global approach, and global is an important policy aspect for the to conclude negotiations on a global participation, is requisite to a success- abatement of global climate change. climate change treaty. The Kyoto sum- ful outcome. This approach may re- The United States and other develop- mit is the latest in a series of meetings quire a new framework and a fresh look ing countries have within our current that have been held since this body at timetables and current directions. capabilities technologies which can ratified the U.N. Framework Conven- My understanding of the data is that lead to dramatic reductions in green- tion on Climate Change in 1992. At we have time to do this—we have time house gas emissions. We can increase Kyoto, the United States and other to assess where we are and how best to the efficiencies of industry, of trans- countries hope to adopt a protocol or craft equitable policies. But inaction is portation, of many energy-intensive legal instrument to deal with the not appropriate. activities, all with what we already threat of climate change in the post The resolution before us requires know. By implementing these capabili- 2000 period. commitments of developing countries ties and by transferring these tech- It is my belief that the United States to mitigate greenhouse gas emissions nologies to developing countries we can must take the leadership role in these in the same timeframes as developed curb emissions significantly. Contin- negotiations, and steer the course to countries. This may resonate as pro- ued technology development is also achieve an equitable, reasoned ap- moting a policy that discourages the necessary. proach to global climate change miti- participation of many developing coun- Lastly, and perhaps most impor- gation, an approach that seeks inclu- tries. However, the resolution will tantly, we must continue to advance sion of all countries and that offers a allow developing countries appropriate the science related to these policies, solution to the issue. While I believe flexibilities in commitments to address and to allow policy changes as the data the resolution before us will allow such global climate change abatement. The warrant. an approach, I want to emphasize to United States and other developed Mr. President, I conclude my re- the administration the essential nature countries must accord newly developed marks by repeating that I, too, am con- of a negotiated framework to which all and developing countries flexibilities cerned about any agreements or poli- countries can accede. and incentives to participate, and these cies that effect the well being of this Before I summarize my analysis of need not create economic disadvan- country. However, I believe it is in our the need for global action, let me re- tages to the United States or any other best interests and that of the world view the facts. First, global climate developed country. community to approach global climate change is real. If it were not, 160 coun- I cannot emphasize enough the im- change in an inclusive, proactive man- tries would not be meeting to address portance of this point. Without all ner that seeks continued economic it. However, there are uncertainties countries on board, inaction becomes growth. That approach demands ac- about the effects of global climate inevitable, because emission reductions tion, and global coalition building, and change—uncertainties relative to the achieved by one country will soon be it is incumbent upon the United States timing, the magnitude, and regional offset by increased emissions from an- to steer that course. patterns of climate change. We must other. Mr. SHELBY. Mr. President, I rise in acknowledge these uncertainties, but An equitable approach that encour- support of Senate Resolution 98. The acknowledge also that they do not jus- ages commitments by all parties and negotiations on limiting post-2000 tify inaction. that offers incentives to developing emissions of greenhouse gas emissions, As stated recently by Dr. William which are scheduled to conclude in De- Nordhaus of Yale University: ‘‘The re- countries is needed. Market-based solu- cember in Kyoto, Japan, will have a sults (of studies) definitely reject inac- tions to curb emissions will allow con- significant impact on all Americans. tion; uncertainty alone cannot justify tinued economic growth with minimal This resolution addresses concerns that waiting for the revealed truth to act, impacts. Developed countries are in a particularly when the revealed truth, if better position to implement emis- the administration has chosen to ig- it ever comes, is probably going to ar- sions-curbing activities and tech- nore while pursuing an international rive at the point where the effects are nologies at low cost and impact, and to agreement that will bind the United irreversible.’’ also transfer these abilities and tech- States for decades to come. Second, a leading indicator of cli- nologies to developing countries and to Science should lead policy. Once mate change is increased emissions of aid in their economic advancement in a again, the administration is pursuing global greenhouse gases. Concentra- way that tempers emissions growth. an environmental policy that is based tions of atmospheric carbon dioxide— While measures to stabilize green- on insufficient research and analysis. the largest component of greenhouse house gases at a certain level will in- Many in the scientific community be- gas emissions—are about 26 percent evitably lead to some energy price in- lieve that we are still years away from higher now than they were 100 years creases, an international emissions- computer models that can confidently ago. Also, globally averaged air tem- trading scheme could substantially re- link global warming to human activ- peratures at the Earth’s surface have duce the potential costs. What is need- ity. Yet without strong scientific data, warmed by nearly 1 degree Fahrenheit ed, however, is a policy to ensure that the administration is ready to commit over the last 100 years. incremental costs of reducing or sta- the United States to binding actions Increased emissions of greenhouse bilizing emissions are equalized across that will impose economic and social gases are virtually entirely due to the firms, across sectors, and across coun- burdens on every American. activities of man. As a general rule, a tries. This can only occur if we take Recently, the Department of Energy country’s greenhouse gas emissions into account the economies, emissions released a report by the Argonne Na- rise in concert with increased indus- and abilities of countries to partici- tional Laboratory containing several trialization. It is no surprise, then, pate, and if we assign actions accord- troubling findings on the effects of the that the United States is the greatest ingly and in appropriate timeframes. proposed treaty on our economy. emitter of greenhouse gases, both in Market mechanisms can reduce cost Among the conclusions, the study terms of gross and per capita emis- impacts of emissions reductions agree- found that without requiring develop- sions. However, the emissions of some ments. A preferable policy would be to ing countries to meet the same emis- developing countries are rapidly esca- set short- and long-term goals to sta- sions standards as the rest of the lating, and the emissions of some are bilize greenhouse gas emissions, and to world, up to hundreds of thousands of expected to surpass that of this coun- set quantity limits on emissions that U.S. jobs will move overseas to so- try in the first quarter of the next cen- are linked to prices. Targets and time- called developing countries that have tury. tables for emission limitations cannot refused to participate in any new cli- Which takes me back to my call for operate independently of market mate agreement. Higher energy prices U.S. leadership. As the world’s indus- prices. An international tradeable will lead manufactures to produce less July 25, 1997 CONGRESSIONAL RECORD — SENATE S8129 at higher costs resulting in job loss, wait to see how our climate changes, it able, and will not harm the U.S. econ- higher consumer prices and an inabil- may be too late. Greenhouse gases re- omy. For example, the need for flexi- ity to compete in a global market- main in the atmosphere for decades to bility in implementing a treaty is crit- place. This will devastate our Nation. centuries, and there is a long lag time ical to protect U.S. competitiveness. Yet, the administration is pushing to between when gases are emitted and Some countries, such as members of commit the American people to par- when the climate consequences of the European Union, would prefer high- ticipate. those emissions appear. So we need to ly prescriptive policies and measures The developed countries should not begin reductions soon to have any to meet reduction targets. The United shoulder the responsibility for reducing long-term effect. And, a new genera- States’ negotiating team has made greenhouse gas emissions around the tion of energy-efficient technologies flexibility an absolute prerequisite for world. It seems obvious that in the requires a long lead time for develop- any agreement, and I want to commend long-run increasing emissions in devel- ment and implementation. This won’t them for this approach. I believe that, oping countries will far outweigh any happen without clear signals to the to be acceptable, our businesses must actions taken by the developed coun- market that an international agree- have the most flexibility possible to tries. Any binding actions by the Unit- ment on climate change would provide. find the least-cost ways to reduce emis- ed States must be accompanied by Senate Resolution 98 focuses on the sions. This means the agreement must binding commitments from developing role of developing countries in the contain provisions that are so impor- countries. I believe a majority of Kyoto agreement. The principles ex- tant to our business community: emis- Americans would agree that devastat- pressed in the resolution regarding de- sions trading, joint implementation be- ing our Nation’s economy by promot- veloping countries are on target. Cli- tween nations, and appropriate credits ing industry flight overseas is not the mate change cannot be solved by the for those countries that have already answer to a global issue. developed countries alone—we are in- made certain emissions reductions. The public has a right to know how deed all in the same boat. Senate Resolution 98 is silent regard- the administration’s commitments re- New commitments by developing ing these provisions. quiring them to reduce fossil fuel en- countries regarding their performance As we grapple with the human judg- ergy will be accomplished and how under the Framework Convention on ments and values that inevitably will their lives, jobs, and futures will be af- Climate Change, of course, need to be determine how we handle climate fected. I am greatly disturbed that the consistent with their historic respon- change, we must base our actions on administration has not sought, and sibility for the problem, as well as the facts—the scientific evidence of cli- therefore has not received, support their current capabilities. The ground mate change, the physical effects that from Congress or the American public rules for the negotiations—the Berlin are likely to result from it, and the on this matter. mandate—recognize these common, but ways we can credibly address this prob- Mr. President, the American people differentiated responsibilities. lem on a global basis. While Senate deserve an open, objective and honest It is clear that the Berlin mandate Resolution 98 is only part of a bigger debate on the development of U.S. cli- can be carried out in a way that is con- picture that needs to be addressed, it is mate change policy. Without that, I sistent with Senate Resolution 98. The a step toward adressing this global can not and I will not support commit- resolution says that developing coun- issue. ting the United States to limiting post- tries can start with a commitment Mr. CONRAD. Mr. President, I rise 2000 greenhouse gas emissions. that is lower relative to the industri- today to express my strong support for Mr. LIEBERMAN. Mr. President, I alized countries at first. Over time, the Byrd-Hagel resolution regarding rise today in support of Senate Resolu- however, the commitments of develop- global climate change. I was an origi- tion 98. I believe climate change is a ing and developed countries must be- nal cosponsor of this bipartisan resolu- serious problem that requires credible come comparable to ensure that every tion, and I believe it sends an impor- action by the international commu- country does its fair share to address tant, commonsense message that we nity. Negotiations on an international the problem. cannot enter into a treaty that re- agreement to limit greenhouse gas Senate Resolution 98 states that de- quires the United States to limit its emissions will conclude this December veloping countries have to start mak- emissions of greenhouse gases without in Kyoto, Japan. This is an essential ing quantified emissions reductions ob- requiring developing countries to also step in the long-term, global efforts to jectives within the same compliance agree to limitations on their emissions. deal with climate change. While I sup- period as developed countries. This Such a proposal would not make envi- port Senate resolution’s call for in- means that at a stage to be negotiated ronmental sense and it certainly would creased involvement of developing over the compliance period of the not make sense for our Nation’s econ- countries in the Kyoto agreement, the Kyoto agreement, developing countries omy. resolution does not take into account must begin to make quantified emis- This resolution is very simple. It other key components of the treaty sions reductions objectives. Senate says that a treaty will not be ratified that are essential to its success, par- Resolution 98 says that it is entirely by the U.S. Senate if it does not in- ticularly for the United States’ busi- appropriate for industrialized countries clude both developed and developing ness community. to start making quantified emissions countries in binding timetables and The scientific basis for moving for- reductions first, as long as developing emission limitations. It seems to me ward with an international agreement countries also commit to making quan- that the only way the world will be to limit greenhouse gas emissions is tified emissions reductions before the able to stabilize the concentration of compelling and significant. According end of the time period worked out for greenhouse gases in the atmosphere is to the Intergovernmental Panel on Cli- the Kyoto agreement. I agree with this if every nation participates in a mean- mate Change—a group of 2,500 expert basic approach—the sooner developing ingful way in limiting its emissions. scientists representing more than 50 countries take on quantified emissions The resolution does not say that all countries, the ever-increasing emis- reductions targets, the sooner we can countries must make identical emis- sions of greenhouse gases from human achieve a global solution to the cli- sion reductions; only that they must be activities are changing the global cli- mate problem. participants in limiting greenhouse gas mate. Given the potential impacts of At the same time, I am concerned emissions in the same timeframe as climate change predicted by the that the resolution does not take into the developed world. IPCC—more droughts, more floods, sea account other key components of the Mr. President, I fear that a treaty level rise, water scarcity, and increased treaty that are essential to protect that requires us to place significant re- incidence of infectious diseases—it is U.S. competitiveness. I am concerned strictions on our economy will only not surprising that nations of the that elevating one issue to a level of lead to a flight of jobs and capital from world agreed to find more effective importance that will overshadow other this country to nations that do not ways to understand and deal with the key matters may harm the United face greenhouse gas emissions limita- problem. If we don’t agree to long-term States’ efforts to ensure that the cli- tions. That could be a potential disas- greenhouse gas limits soon, and instead mate agreement is realistic, achiev- ter for our Nation’s economy, for its S8130 CONGRESSIONAL RECORD — SENATE July 25, 1997 workers, and for our long-term eco- said earlier that there were Senators in Mr. KERRY. Mr. President, will the nomic stability and growth. So the this body who signed onto the resolu- Senator agree further that an emis- Byrd resolution also requires the ad- tion who want to kill the treaty. That sions trading scheme also has the bene- ministration to develop a detailed may be so. This Senator is not one of ficial effect of easing the economic cost analysis of the potential financial costs those. I am not out to kill the treaty. that might be incurred by U.S. indus- and other impacts on our economy. But what I was out to say—and the try as a result of a regime of binding That is not an unreasonable request. reason I got behind this effort—was to commitments entered into at Kyoto? We would clearly need to know the po- send a message to the administration tential consequences of any treaty on that if the Senate is not included in Mr. BYRD. Mr. President, if the Sen- our Nation’s economy before the Sen- the takeoff, if the Senate is not in- ator will yield, I personally believe ate could be asked to ratify such a cluded at the beginning, if the Senate that it could have such an effect. There treaty. is intended to be shut out of doing its are a number of other tools that are Mr. President, the U.S. Senate has a constitutional responsibility of advis- under development, and these, in my constitutional duty to advise and con- ing as well as consenting in making a judgment, should be further explored sent on treaties negotiated by the ad- treaty, then count me out. for inclusion in the proposed treaty in ministration with other nations. This If you want to really kill this treaty, order that our own economic growth is a responsibility I take very seri- abide by the Berlin Mandate and let not be penalized by the treaty. These ously, and I know every other Member the developing countries off the hook tools include joint implementation in- of this body considers it one of our until some future time. That is what volving partnerships among industries most important duties. I hope the ad- will surely kill the treaty, and I will in the developed and developing coun- ministration will listen carefully to join in stabbing it in the heart, if that tries. There are, as well, many areas the debate on this resolution, and pay is the case. If that treaty comes back where other U.S. programs and initia- close attention to the guidance pro- here and the developing countries are tives could be enhanced to further the vided in the Byrd-Hagel resolution as it left off the hook, count me in on the same objectives, such as cooperative negotiates with other nations in prepa- assassination of the treaty. It will be technology ventures and enhanced re- ration for a final meeting in December done in public view. It won’t be behind search and development of both fossil in Kyoto, Japan. a bush. fuel development technologies and al- Mr. President, the Senator raised an Mr. President, I thank the Chair and ternate fuel technologies. These tools important point. The Europeans have yield the floor. and programs may also have an advan- erected what they call a bubble, which The PRESIDING OFFICER. Who tage in encouraging the developing is simply a mechanism for them to yields time? world to make meaningful binding Mr. HAGEL. Mr. President, does Sen- trade off emissions levels from one country to another so long as they commitments. So they should be ex- ator KERRY wish to go forward? Is he plored as a natural companion to provi- prepared? honor overall an average which con- forms to the treaty-imposed cap on de- sions establishing binding commit- Mr. KERRY. Mr. President, might I ments. inquire? How much time remains on veloped country emissions. This is our side? viewed by some, including me, as a The purpose would be to level the The PRESIDING OFFICER. Thirty- technique to maximize the economic competitive playing field so that the five minutes. competitiveness of European countries United States is not placed at a dis- Mr. KERRY. How much for the other by keeping emissions reductions to a advantage and to help insure that all side? minimum as a result of the trades that the world’s economies will share the The PRESIDING OFFICER. The Sen- would be available under the bubble responsibilities to tackle the global ator from Nebraska has 16 minutes. from one country to another within the warming problem. Mr. KERRY. Mr. President, if I may, European Union. I would like to ask if I might be able to Mr. KERRY. Mr. President, let me Mr. KERRY. Mr. President, I thank enter into a colloquy with the Senator just also say to the Senator that I the Senator from West Virginia for his from West Virginia at this time. agree completely with his notion, as I explanation and his views. Mr. HAGEL. May I ask? Point of in- said earlier, of the importance of our I believe that the administration quiry. Is this on the time of the Sen- advising here about the importance of must pursue the development of these ator from Massachusetts? other countries being part of the solu- tools and initiatives and their inclu- Mr. KERRY. Mr. President, this is on tion. sion in any binding treaty that is ar- my time. But I ask if the Senator would agree rived at in order to reduce any nega- Mr. HAGEL. I thank the Senator. that the United States is placed at a Mr. KERRY. Mr. President, I would disadvantage by this concept of the Eu- tive impact of higher energy prices on like to ask the views of the Senator ropean bubble, and that the inclusion our economy. And I believe this would from West Virginia on the proposal by of free-market mechanisms in a trea- certainly enhance the prospects of Sen- the Europeans to erect the so-called ty—particularly emissions trading ate approval of any treaty that is ar- European bubble, and its effect on U.S. schemes and so-called joint implemen- rived at. competitiveness. tation—could be used to counter that Mr. BYRD. Mr. President, if the dis- It appears to me that this proposal is challenge. tinguished Senator will again yield, in driven more by economic consider- Mr. BYRD. Mr. President, if the Sen- general, I personally agree with this ations than concern for limiting carbon ator would yield. overall proposition, although I would dioxide emissions. Mr. KERRY. I yield to the Senator note the administration has not yet Mr. BYRD. Mr. President, if the Sen- from West Virginia. ator will yield. Mr. BYRD. I believe that if the Unit- settled on its specific policies regard- Mr. KERRY. I yield to the Senator ed States is going to enter into binding ing the negotiations, and it leads to for his views on that. commitments to limit or reduce our further work on developing and ex- Mr. BYRD. Mr. President, I am glad greenhouse gas emissions, we need to plaining the workings of these market the Senator has asked this question. remain competitive vis-a-vis the Euro- mechanisms so that they will be more Earlier he had indicated that we had peans, and everybody else, for that fully understood. agreed on certain things. We agreed on matter. Therefore, an emissions trad- Mr. KERRY. Mr. President, I thank one thing: that we would enter into a ing mechanism whereby we can ex- the Senator from West Virginia for change our higher level emissions by colloquy. And I always reserve the those views and for entering into this right to express my own views on mat- buying emissions credits from, let us colloquy with me. ters, and not necessarily agree to the say, Russia or other nations with lower expressions of others as to how they emissions, is an example of one poten- Mr. BINGAMAN. Mr. President, the think and what they think I say. tial tool that the U.S. negotiators issue of the extent to which human-in- May I say that I am only expressing might explore in the climate change duced global climate change is occur- a personal viewpoint here. The Senator negotiations. ring, and the proper societal response July 25, 1997 CONGRESSIONAL RECORD — SENATE S8131 to this change, is one of the most dif- The administration’s proposal, in- I was greatly encouraged by the re- ficult public policy issues facing us stead, relies on market-based mecha- marks on this issue made by the spon- today. nisms for controlling the rate of future sor of this resolution, the senior Sen- We are emitting into the atmosphere emissions of greenhouse gases, extend- ator from West Virginia, when he testi- an unprecedented amount of the gases ing our successful experience to date in fied before the Committee on Foreign that we know trap heat in the Earth’s this country with such mechanisms for Relations. At that time, he stated that atmosphere, and thus result in what is controlling emissions of sulfur dioxide. countries at different levels of develop- known as the greenhouse effect. At the The administration’s proposal allows ment should make unique and binding same time, the connection between for maximum flexibility on the part of commitments of a pace and kind con- this artificial elevation of greenhouse each participating country in designing sistent with their industrialization, gas levels and changes to the world’s and implementing greenhouses gas and that the schedule for these com- climate is only slowly coming into control measures that make economic mitments should be aggressive and ef- view. The global climate system is ex- sense for that country. fective, but also consistent with a fair tremely complex, and we are still mak- The administration’s proposal en- sharing of any burden. These are prin- ing major scientific discoveries about courages the development and use of ciples that I support, and the senior the components of that system. The advanced technologies. Senator from West Virginia and I have consensus of the world’s climate sci- These approaches—market-based entered into a colloquy that seeks to entists on the human contribution to mechanisms, individual flexibility, and establish that the explanation of the global climate change has recognized more reliance on advanced tech- resolution on this point that he pro- both these uncertainties and the grow- nologies in place of command and con- vided in his testimony is, in fact, the ing evidence that there is a human fin- trol—are precisely the approaches that normative one for the administration gerprint on climate change. The key so many of my colleagues said should to heed, once we pass the resolution. conclusion of the most recent consen- be at the basis of all regulatory policy, With this clarification, I believe that I sus report of the global change sci- during consideration of the Dole-John- can support the resolution now before entific community is as follows: ston regulatory reform bill in the last us, and I urge my colleagues to do the Our ability to quantify the human influ- Congress. It is commendable that the same. ence on global climate is currently limited administration has made these ap- I would like to engage in a colloquy because the expected signal is still emerging proaches the foundation for its nego- with the senior Senator from West Vir- from the noise of natural [climate] varia- tiating position. ginia regarding the correct interpreta- bility, and because there are uncertainties in The central issue for us today is the tion of the language of the resolution key factors. These include the magnitude role that the United States and other on one particular point of importance. and patterns of long term natural variability developed countries will play in any ef- and the time-evolving pattern of forcing by, The resolution refers to ‘‘new commit- and response to, changes in concentrations fort to control greenhouse gas emis- ments to limit or reduce greenhouse of greenhouse gases and aerosols, and land sions, compared to the role that devel- gas emissions for the Annex I Parties’’ surface changes. Nevertheless, the balance of oping countries will play. Here, too, as well as to ‘‘new specified scheduled evidence suggests that there is a discernible the administration has shown consider- commitments to limit or reduce green- human influence on global climate. able sophistication, compared to other house gas emissions for Developing The current state of uncertainty parties in the negotiations. All devel- Country Parties.’’ Would it be correct should not be a cause for comfort. oping countries are not alike—there is to interpret the use of the words ‘‘new There is a substantial lag in global cli- a world of difference between South commitments’’ in both phrases as sug- mate response, so even if we were to Korea and Gambia, despite the fact gesting that the United States should magically reduce our greenhouse gas that both are non-annex-I countries. not be a signatory to any protocol un- emissions to zero tomorrow, the The world should expect more from less Annex I Parties and Developing world’s climate would still be respond- South Korea, which aspires to join the Country Parties agree to identical ing, over the next few decades, to past OECD in the near future, than it should commitments? emissions. It is also clear that the from Gambia. But there should also be Mr. BYRD. That would not be a cor- global climate system is not a well-be- a minimum level of expectations man- rect interpretation of the resolution. In haved linear system, like traveling on dated by the upcoming agreement, my testimony before the Committee on a straight road over a gentle predict- even for countries like Gambia. Foreign Relations on June 19, I made able hill. It is more like a wild moun- I believe that a careful examination the following statement and delib- tainous road, full of unexpected curves of the proposal put forward by the ad- erately repeated it for emphasis: ‘‘Fi- and cliffs. In such a situation, igno- ministration shows that it is trying to nally, while countries have different rance of what might lie ahead is not make these principles part of the pro- levels of development, each must make bliss, and it is prudent to slow down tocol. We should go on record, in this unique and binding commitments of a until you have a better appreciation of resolution, in support of such prin- pace and kind consistent with their in- what you are dealing with. ciples. But we need to do so in a careful dustrialization.’’ I believe that the de- For this reason, we are engaged in and sophisticated way, befitting the veloping world must agree in Kyoto to international negotiations to discuss complexities of the problem of human- binding targets and commitments that how the world might arrive at a joint induced global climate change, and the would begin at the same time as the international plan for slowing down international policy response to it. developed world in as aggressive and the emissions of the principal green- I did not cosponsor the resolution effective a schedule as possible given house gas, carbon dioxide, into the at- that is now before us because of my the gravity of the problem and the mosphere. Because of the central role concerns about how it expressed the re- need for a fair sharing of the burden. that burning carbon plays in our en- lationship between what the United That is what the resolution means. The ergy, transportation, and economic States should do and what the develop- resolution should not be interpreted as systems, it is important that such dis- ing countries should do. It used the a call for identical commitments be- cussions focus on sophisticated, as op- words ‘‘new commitments’’ for both de- tween Annex I Parties and Developing posed to simple-minded, approaches to veloped and developing countries in a Country Parties. the problem. way that suggested to me, at least, Mr. BINGAMAN. I thank the Sen- I believe that the Clinton administra- that the intent of the resolution was ator. I agree with him that a fair shar- tion deserves credit for having put that the United States should not ing of responsibility for actions to ad- forth, in the current negotiation, what agree to any commitment that was not dress global climate change is crucial is easily the most complete and sophis- also going to be agreed to and imple- to any agreement, and that such com- ticated proposal of any that has been mented simultaneously by the world’s mitments should reflect the pace and advanced to date. poorest countries. That would seem to type of industrialization that those The administration’s proposal rejects be a rather simplistic approach. We countries have achieved. the command-and-control approaches shouldn’t ignore legitimate differences Mr. KERRY. Mr. President, I yield 10 put forward by many of the other par- between countries at vastly different minutes to the Senator from Rhode Is- ties. stages of development. land. S8132 CONGRESSIONAL RECORD — SENATE July 25, 1997 The PRESIDING OFFICER. The Sen- gone up? Has it indeed risen in the last protection while lowering costs. But on ator from Rhode Island. 100 years by 1 degree Fahrenheit? their own, the voluntary projects will Mr. CHAFEE. Mr. President, earlier There are arguments over that. ‘‘Time not be sufficient to address the poten- this week I met with Senator BYRD to is on our side,’’ some say, believing tial problem. We need legally binding discuss S. Res. 98, which, of course, that if we simply wait long enough, measures to spur technological innova- deals with climate change. In this new and inexpensive technologies will tion that will be needed to solve the measure, the Senator has identified come along to make this solution pain- greenhouse problem. one of the more important features re- less. The resolution makes clear that an quired to address this global problem, But the citizens of my State, for ex- exemption for developing countries namely, global participation. ample, have concerns. We are a sea- would be inconsistent with the need for Gradually, many have come to the bordering State. There are possibilities global action. conclusion that man is indeed contrib- of rises in the sea level which would af- In light of the seriousness of the uting to changes in the global climate. fect us dramatically. Indeed, they issue, Mr. President, I welcome the Human activities—particularly the would affect all but one major city in concern that Senator BYRD and others burning of fossil fuels—have increased our country because all but one major have shown for the twin goals of envi- atmospheric concentrations of carbon city in our country occupies tidal ronmental protection and economic dioxide and other trace greenhouse shorelines. I know that if the Atlantic competitiveness. gases. These gases, combined with the Ocean begins to warm and expands as Mr. President, I had a brief colloquy I was going to enter into with the dis- natural levels of CO2 and water vapor, it warms, rising sea levels will be with act like panes of a greenhouse and re- us for centuries. tinguished Senator from West Virginia. tain the Sun’s heat around the earth. I am also concerned about the eco- It is as follows: The burning of fossil fuels has con- nomic consequences of actions to ad- Senate Resolution 98 includes two tinued to grow, at least in ever greater dress global warming. Senator BYRD important conditions for U.S. agree- ments to any future treaty to limit amounts of CO2. Global carbon emis- has addressed these, and I salute him sions from fossil fuels reached a record for that. He is concerned about the greenhouse gases. of just over 6 billion tons in 1995. issue of U.S. competitiveness in rela- Quoting directly from the text of the The Earth’s climate has remained tion to developing countries. And I join resolution—that is, Senator BYRD’s res- stable for the past 10,000 years. But, as with him in urging our negotiators to olution: Ambassador Paul Nitze said in the recognize that we are serious about the The United States should not be a signa- Washington Post earlier this month, tory to any protocol to, or other agreement concerns Senator BYRD is expressing. regarding, the U.N. Framework Convention ‘‘Global warming threatens the stabil- The position taken by the European on Climate Change of 1992, at negotiations in ity that fostered modern civilization.’’ Union is a major concern. As represent- Kyoto in December 1997, or thereafter, which What is being done about this threat? atives of the Global Climate Coalition would—(A) mandate new commitments to Of the 35 industrial countries that com- indicated to the Foreign Relations limit or reduce greenhouse gas emissions mitted themselves under the 1992 Committee last month, the prospect of from the Annex I Parties, unless the protocol Framework Convention on Climate European Union bubble, which was just or other agreement also mandates new spe- Change in Rio, they agreed there to addressed here, with no ability for the cific scheduled commitments to limit or re- hold their greenhouse gas emissions to United States to address similar alli- duce greenhouse gas emissions for Develop- ing Country Parties within the same compli- 1990 levels in the year 2000. In other ances with other nations, would permit ance period, or (B) would result in serious words, by the year 2000 we would get the European Union to steal a competi- harm to the economy of the United States. the levels down to what they were in tive march on the United States. Without losing my right to the floor, 1990. This concerns me. In trade terms, our I wish to ask the primary sponsor of But, regrettably, Mr. President, only bilateral trade with the European the resolution a couple of questions. a handful of the countries are expected Union, of course, is mammoth cer- I am curious as to whether the Sen- to meet that target. The United States tainly when compared to the trade that ator from West Virginia intends for his will miss its target by an estimated 13 we have with China. Last year we had resolution to speak to the scientific percent. In some developing countries, $128 billion in exports to the European understanding of global climate emissions are on a course to nearly Union, more than 10 times of that change. double between 1990 and 2000. going to China. Mr. BYRD. Mr. President, will the The failure by many industrialized I believe our negotiators in Kyoto distinguished Senator yield with the countries to meet these voluntary aims would fail us if they did not bring home understanding that the time—— is what is leading us to this debate an agreement with developing country Mr. CHAFEE. On my time. today. This debate is over the imposi- commitments as described in the reso- Mr. BYRD. I use will not be charged tion of legally binding greenhouse gas lution and with the market-based tools against Mr. HAGEL. emissions reductions. In other words, of joint implementation emissions Mr. CHAFEE. Absolutely. should we enter something that is trading and emissions banking. Mr. BYRD. Mr. President, again, may binding? I want to say that many countries in I say that this resolution has been in- Because of the link between green- the U.S. are already taking steps to ad- troduced and developed every step house gases and activities fundamental dress these problems. Farsighted com- along the way with concurrence be- to industrialized and developing econo- panies like Tucson Electric are going tween Mr. HAGEL and myself. It just so mies, many anticipate, or at least fear, ahead with a pilot joint implementa- happens that my name is at the begin- that the costs of limiting their emis- tion project in cooperation with the ning of what is called the Byrd-Hagel sions will be high. city of Sava in Honduras to display die- resolution. I have no problem if it is Unlike most other ambient air and sel-fired power generation with bio- called the Hagel-Byrd resolution; we water pollution problems, there is no mass fuels. Companies like American are both in this resolution. We both be- pollution control technology for CO2. Electric Power, which is the largest lieve the words of the resolution, and In many of the emissions problems we electric utility in West Virginia, and we both believe that the resolution have dealt with in the past, technology British Petroleum are getting together speaks for itself. And we also under- can reduce the amount of emissions. with the Nature Conservancy and the stand we may have different views as But we don’t have that for CO2. You ei- Government of Bolivia to offset some to specific questions. I respect the ther make CO2 or you don’t. of American Electric Power’s coal-fired views of every Senator. So I will at- Some have argued that the United plant emissions by expanding parks tempt to respond to the distinguished States and, indeed the entire world, and sustainable forests in Bolivia. Senator from Rhode Island. I thank should wait to address the looming The Southern Co. has joined forces him for his statement which indicates threat of climate change. In other with State forestry commissions in that he is concerned, has studied the words, don’t do anything. Let’s wait planting 20 million trees in Georgia, matter, and is a reasonable man. awhile. The scientists are divided on Alabama, and the Florida Panhandle. I thank Mr. CHAFEE for this oppor- this. How much has the temperature These projects boost environmental tunity to discuss in greater detail the July 25, 1997 CONGRESSIONAL RECORD — SENATE S8133 resolution that Mr. HAGEL and I and manner of binding targets and commit- and billions of dollars a year without others of our colleagues have brought ments which would begin during the any science to back it up. to the Senate. In response to the Sen- same compliance period as the—— Mr. President, I am going to read ator’s question, I will repeat a portion The PRESIDING OFFICER. The real quickly and enter the entire state- of the testimony I delivered on June 19 Chair would observe the 2 minutes al- ment in the RECORD, but before my of this year before the Committee on lotted to the Senator from Rhode Is- committee, Dr. John Christy of the De- Foreign Relations. There I stated that land have expired. partment of Atmospheric Science and the resolution accepts the thesis, Mr. KERRY. I yield an additional Earth System Science Laboratory, which is still the subject of some dis- minute to the Senator. University of Alabama, Huntsville, pute, that the increasing release of car- Mr. BYRD. The developing world said—I don’t think there is anyone who bon dioxide—CO2—and its accumula- must agree in Kyoto to adopt some is considered to be a greater authority tion in our atmosphere are causing a manner of binding targets and commit- than he is— very gradual heating of the globe ments that would begin during the The satellite data show that catastrophic which has many adverse consequences same compliance period as the devel- warming is not now occurring. The detection for us all and I am, indeed, convinced oped world in as aggressive and effec- of human effects on climate has not been that climate change is a looming tive a schedule as possible, given the convincingly proven because the variations threat to the global environment. That gravity of the problem and the need for we have observed are not outside of the natu- ral variations of the climate system. is a statement I made at that time. a fair sharing of the burden. Mr. CHAFEE. I appreciate the Sen- Mr. CHAFEE. Because greenhouse The PRESIDING OFFICER. The Sen- ator’s fundamental candor on this gas emissions from the developing ator’s time has expired. point and agree with his assessment. world will, on a cumulative basis, ex- Mr. INHOFE. Could I have 1 more With regard to specific provisions ceed those of the developed world minute? contained in the resolution, I am inter- sometime during the first quarter of Mr. HAGEL. I yield 1 minute to the ested in what the Senator intends—and the next century, the Senator’s posi- Senator. I might say Senator HAGEL has been tion appears quite sound on both envi- Mr. INHOFE. The second reason is active in all of this. He is the chief co- ronmental and economic grounds, and I the administration has not been honest sponsor of the resolution. thank the Senator very much. on this, as well as the ambient air, The PRESIDING OFFICER (Mr. ROB- Mr. BYRD. Mr. President, I thank when they come along and they say, as ERTS). Will the Senator suspend. The the Senator. Mary Nichols, Deputy Secretary, said time allotted, the 10 minutes allotted Mr. CHAFEE. I yield the floor. yesterday, that the cost to the Amer- to the Senator has expired. Mr. KERRY. Mr. President, I reserve ican people for the changes in the am- Mr. CHAFEE. Could I have 2 more the remainder of our time. bient air would be $9.1 billion when the minutes? Mr. HAGEL addressed the Chair. President’s own Council of Economic Mr. KERRY. Mr. President, I yield 2 The PRESIDING OFFICER. The Sen- Advisers puts the price tag at some- minutes to the Senator from Rhode Is- ator from Nebraska is recognized. thing over $60 billion and the Reason land. Mr. HAGEL. I yield 2 minutes to my Foundation out in California has it Mr. CHAFEE. Senator HAGEL has colleague from Oklahoma, Senator somewhere between $90 and $150 billion. been active in all of this, and we have INHOFE. So anyway, Mr. President, it is not dealt with his folks, and wherever I Mr. INHOFE. Mr. President, I ask realistic to do this. I would also ob- refer to the Byrd resolution, I really unanimous consent that I be recog- serve I can’t imagine that anyone who should have referred to the Byrd-Hagel nized for up to 15 minutes as if in would be opposed to the ratification of resolution and will attempt to make morning business. this treaty wouldn’t also be opposed to that change in the transcript. The PRESIDING OFFICER. Is there the changes in the ambient air stand- With regard to specific provisions objection? ards. We will be introducing legislation contained in the resolution, I am inter- Mr. KERRY. Mr. President, reserving next week. It will be bipartisan. Sen- ested in what the Senators intend on the right to object. ator BREAUX and I will be introducing page 4, lines 9 through 11 by the phrase Mr. CRAIG addressed the Chair. legislation to reject these changes. ‘‘new specific scheduled commitments The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Who to limit or reduce greenhouse gas emis- objection? seeks time? sions for developing country parties.’’ Mr. KERRY. There is objection. Mr. HAGEL. I yield 2 minutes to my Is it the Senators’ intentions that Mr. CRAIG. Mr. President, I object. colleague from Wyoming, Senator the developing country parties, irre- The PRESIDING OFFICER. Objec- ENZI. spective of the national incomes and tion is heard. The PRESIDING OFFICER. The Sen- greenhouse gas emission rates, be man- Mr. INHOFE. Mr. President, as chair- ator from Wyoming is recognized. dated to the very same commitments man of the Clean Air Subcommittee, Mr. ENZI. I thank the Chair. to limit or reduce greenhouse gas emis- we have had about 40 hours of hearings Mr. President, I rise today in support sions for the annex 1 parties? on this subject, on global warming as of the resolution offered by the senior Mr. BYRD. Mr. President, if the Sen- well as ambient air quality standard Senator from West Virginia and the ator will yield, no, that is not my in- changes that have been proposed by junior Senator from Nebraska, of tention. That is not what the resolu- this administration. I think it is unre- which I am a cosponsor, and which con- tion says. I have stated previously that alistic to try to condense that into 2 cerns the issue of global warming in under this resolution the developing minutes. There is not any way it can general and the impending related world must fully participate in the be done. treaty specifically. treaty negotiations and commitments I will just say, Mr. President, that as Mr. President, many of us are not and must play a meaningful role in ef- 1 of the 66 cosponsors of this resolu- surprised by the content of this pro- fectively addressing the problem of tion, I support it, although I would say posed treaty. We saw the 1992 Frame- global climate change. Such participa- also it doesn’t go far enough. And I work Convention on Global Climate tion by the developing country parties would also say that regardless of what Change for what it was: The nose of the could, in my judgment, come in a num- happens—this is going to pass, but re- camel. And now, 5 years later and just ber of forms. As I stated before the gardless of that, I am still going to op- as expected, we find ourselves face to Foreign Relations Committee, while pose the ratification of this treaty. I face with the whole critter. He’s in the individual countries have different lev- am going to do so for two reasons. tent, he’s huge, and he’s very frighten- els of development, the resolution First, is that the science is not there. ing. holds that each country must make This is analogous to the proposal by The agreement signed in Brazil 5 unique and binding contributions of a the administration to lower the ambi- years ago was voluntary. It called for pace and kind consistent with their in- ent air standards in both particulate the economically developed nations to dustrialization. The developing world matter and in ozone, unrealistically undertake voluntary actions to reduce must agree in Kyoto to adopt some costing the American people billions greenhouse gas emissions to their 1990 S8134 CONGRESSIONAL RECORD — SENATE July 25, 1997 levels by the year 2000. Now the admin- his leadership on this issue as well as Moreover, we have remained closely istration wants a legally binding agree- the Senator from Nebraska. Citizens in attuned to the negotiations toward a ment that will require a handful of de- my State are extraordinarily con- new climate treaty through close and veloped countries to reach 1990 levels of cerned about the potential treaty that regular contact with the principal fossil fuels emissions by the year 2010. has been in the media very much late- State Department and Department of But here is the amazing part, Mr. ly. Energy officials. President: Though the United States The people of Michigan care greatly My predecessor as chairman, Senator and several other developed countries about their environment and the rami- Bennett Johnston, also had a keen in- will be subject to the new enforcement fications of various emissions that are terest in this subject, and made it a regime, the rest of the world will not. released into it. At the same time, I be- centerpiece of the committee’s over- Utterly amazing. Where in the world lieve people of Michigan want agree- sight responsibilities. did this administration learn to nego- ments negotiated overseas and adopted So this is not a new issue to us. tiate? I see a lot of give, but I am still in Washington to be based upon sound Having said that, I believe Senators looking for the take. science and hard facts. BYRD and HAGEL have done a superb So we really believe we can place They also want those agreements to job with this resolution expressing the shackles on our economy, leave the be ones that require all nations to Senate’s aspirations and concerns with economies of our trade competitors un- work toward a common objective rath- respect to any eventual climate treaty. affected, and not lose countless jobs er than singling out developed nations This resolution will strengthen the and industries overseas? It has been all for all the pain while allowing develop- hand of our negotiators during upcom- we can do to stop the loss of jobs over- ing nations to gain competitive advan- ing meetings in August, October, and seas under the best conditions. Every tages by continuing practices that December. developing nation has cheaper labor might contribute to an international Although this is not a binding resolu- costs than we do. Every developing na- problem. tion, it conveys the legitimate con- Mr. President, the people of Michigan tion has fewer environmental regula- cerns of the Senate to other parties in are proud of their State, its natural re- tions than we do. Every developing na- the negotiations. sources, and the industry with which tion has fewer worker protection ex- Our negotiators can use this resolu- they have made Michigan’s economy penses than we do. These nations are tion to inform other nations of the ele- among the best in the Nation. They understandably concerned, first and ments that must be contained in any want to keep their jobs, to raise their foremost, with elevating the living new climate treaty that can be ratified families, and see their children grow conditions of their own people. Their by this body. and enjoy the opportunities our State leaders would be derelict if they Turning now to the substance of the provides. weren’t. Does anyone seriously believe resolution, I have a letter from Presi- By all accounts, Mr. President, dent Clinton, dated August 21, 1996, they will not take advantage of the Michigan would suffer disproportion- new regime at the expense of our work- that contains a statement I very much ately should a treaty go into effect agree with. And I quote: ers? Is a little fairness too much to that does not fairly bind all countries. ask? Does the administration find the Establishing a sound framework is a criti- Whether it is the business community, cal first step in the negotiating process. We concept of simple equity so unreason- the agriculture community or orga- are already conducting additional analyses able? nized labor, I have heard concerns from and technical assessments . . . our ultimate The AFL–CIO is apoplectic at the them all, Mr. President. position will fully reflect economic consider- prospect of this ill-advised treaty, and Therefore, I commend the Senators ations and our commitment to the principle with good reason. They understand how who have introduced this resolution. I that environmental protection and economic many American jobs it will kill. As a am happy to be a cosponsor. I look for- prosperity go hand-in-hand. representative from the largest coal ward to supporting it and seeing it The President is right. Economic producing State in the Nation, I know passed today so that we might, as a considerations are important. We must only too well just what it means for country, work in a constructive way not proceed down a path that will bring the people of my State. This resolution toward resolving these issues while adverse economic consequences, com- simply calls for all nations to share the avoiding a path that is detrimental to petitive disadvantages, and energy burden in the effort to avoid an envi- America and the interests of the hard- price increases. ronmental problem, which, I might working men and women of my State. The importance of economic consid- add, is supported by a scientific con- I yield the floor. erations, as expressed by the President sensus that is generously referred to as Mr. HAGEL. I yield 2 minutes of my in his letter, are very much in line unsettled. time to the Senator from Alaska. with this resolution. This resolution, if adopted, would be The PRESIDING OFFICER. The Sen- This resolution simply says that any a treaty enhancer, not a treaty killer. ator from Alaska is recognized. new climate treaty must not result in For this reason, if no other, the admin- Mr. MURKOWSKI. Mr. President, I serious economic harm to the United istration should embrace it. In its cur- rise in strong support of the Byrd- States. rent form the treaty will most cer- Hagel resolution expressing the sense The Byrd-Hagel resolution also tainly not survive this body. We want a of the Senate on international agree- states that any new climate treaty good treaty. We are not opposed to a ments covering greenhouse gas emis- must be global in its approach: global antipollution effort. But we sions. New commitments on the part of de- want a fair treaty. You just cannot I wish to thank and commend my veloped countries to limit or reduce have the former without the latter. We colleagues, Senator BYRD and Senator greenhouse gas emissions must be ac- need to bring developing countries on HAGEL, for their efforts in forging this companied by new commitments on the board in a responsible fashion. And if bipartisan, common sense resolution. I part of developing countries to do the the Byrd-Hagel resolution is not adopt- was proud to join them as an original same. ed the administration will have missed cosponsor. The issue of developing countries and a valuable opportunity to do so. The Energy and Natural Resources their participation is critically impor- Mr. President, I yield the floor. Committee, which I chair, has had sig- tant: The PRESIDING OFFICER. Who nificant interest and long involvement According to the Energy Information seeks time? in the issue of greenhouse gas emis- Administration, an arm of the Depart- Mr. HAGEL. I yield 2 minutes to the sions and climate change because any ment of Energy, carbon emissions from Senator from Michigan. attempt to address carbon emissions China will exceed ours by the year 2015. Mr. ABRAHAM. I thank the Senator. fundamentally affects energy invest- Their greenhouse gas emissions are ex- The PRESIDING OFFICER. The Sen- ment, use, and policy. pected to grow 185 percent above 1990 ator from Michigan is recognized. Our committee has held a variety of levels. Mr. ABRAHAM. I thank the Chair. hearings, seminars, and briefings on Emissions from developing nations as I would like to begin today by thank- this subject for the benefit of members, a whole will also exceed those from in- ing the Senator from West Virginia for staff, and the public. dustrialized nations by 2015. July 25, 1997 CONGRESSIONAL RECORD — SENATE S8135 Clearly, this is a global issue that re- cally and over surprisingly short peri- Such an approach would be unfair, quires a global approach. If further ods of time. economically devastating, and ineffec- science confirms the fact that carbon Thus, the investments we’ve made in tive. emission do indeed have dangerous im- the U.S. Global Climate Change Re- To repeat: New energy quotas, im- plications for the climate, then all na- search Program, approaching $2 billion posed only on one set of nations, would tions must take meaningful steps. per year and more, are expensive but be unfair, economically devastating, The industrial nations simply do not worthwhile. Because there is much and ineffective. Let me explain: have it in their power to do it alone, more scientific work to do. One-sided energy quotas would be un- even if they wanted to. The common refrain that I hear from fair: But here is some good news: We have climate scientists, virtually without They would allow some nations to time to approach this issue in a care- exception, is this: gain tremendous competitive advan- ful, deliberative manner. The climate system is remarkably tages over others by encouraging the We gain nothing by getting ahead of complex, and exceedingly difficult to movement of jobs, manufacturing and the science. Indeed, we risk a great model. capital from nations that are subject deal by moving too quickly: Meanwhile, our current climate mod- to the energy quotas, to nations that According to economic analysis by els are comparatively crude. are not. the Stanford Energy Modeling Forum, We lack sufficient data for model in- One-sided energy quotas would be an orderly, long-term strategy of puts, particularly information about economically devastating: achieving a scientifically-justified car- the effects of clouds and water vapor. They would require carbon taxes or bon emission reduction costs just one- And finally, as we have learned more regulation that would cost jobs, harm fifth what it would cost to achieve the and refined our computer models, esti- our economy, and diminish our stand- same reduction over the near-term. mates of future warming have fallen, ard of living. In other words, you can get the same not risen. One-sided energy quotas would be in- result 80 percent cheaper by taking a Clearly, the science is uncertain, and effective: Because manufacturing, capital, jobs, long-term view, and allowing capital the scientific debate is not over. Nor and even emissions would move from equipment to be retired in an orderly should it be. nations that are subject to the energy fashion as new energy efficient tech- And that brings me to what I see as quotas, to nations that are not, emis- nologies come on line. a troubling trend: Mr. President, there is simply no Some who have argued for immediate sions would not diminish, they might need to compel working American fam- and urgent action to sharply reduce even increase. Moreover, because the total green- ilies to pay five times as much as they greenhouse gas emissions have claimed house gas emissions from developing need to for the same eventual outcome. that the science arguing for quick ac- nations will soon exceed those from de- Clearly, there is not a need for ex- tion is unassailable, and that the sci- veloped nations, exempting developing treme actions such as carbon taxes, entists who express doubts are some- nations wouldn’t do anything to im- strict command and control regula- how extreme or out of the mainstream. prove the problem. Greenhouse gases tions, and one-sided treaties that will Frankly, talk such as that makes me would still increase. We would suffer impose economic harm. cringe, because the scientific method economic pain without environmental Let’s take the time to do the job itself is based on challenge and peer re- gain. right and enjoy tremendous economic view. What I am saying here today has savings. Contrarians should not be shouted been confirmed by some of the admin- Turning to the broader issue of cli- down for the sake of political correct- istration’s own economic analysis. A mate change and climate science, let ness. new study produced by the Department me say we should all be concerned Whenever scientists are called out of of Energy’s Argonne National Labora- about increasing concentrations of car- the mainstream or extreme by a politi- tory contains some surprising and com- bon dioxide and other greenhouse gas- cal leader or a journalist, you can bet pelling findings. Let me cite some of ses in the atmosphere. that an attempted subversion of the them: It is an indisputable scientific fact scientific method is at hand. Increased energy and fuel prices in that concentrations of greenhouse gas- We should condemn any subversion of industrial nations resulting from a new ses are on the rise. the scientific method whenever we see climate treaty that does not contain Yet significant scientific uncertain- it occur in the climate debate. Too meaningful commitments for develop- ties remain. much is at stake. ing nations such as India, China and Some scientists believe that higher Continued investment in science will South Korea would encourage a re- carbon dioxide concentrations will only enhance our understanding. We allocation of investments away from bring only moderate change, warmer have invested billions in a climate industrial countries towards the devel- winters, reduced energy demands, and change research program that is only oping countries. To the extent this oc- longer growing seasons. now beginning to yield significant re- curs, emissions would simply be redis- Virtually every climate scientist will sults. tributed and could even increase. tell you that the warming signal sug- We should not stake our economic fu- Some 20 to 30 percent of the energy gested by some data sets are all within ture on partial information. intensive basic chemical industry the bounds of natural variability, and Since extreme, unilateral actions are could move to developing countries that climate change is the rule rather unwarranted at this point, we have over 15 to 30 years, with 200,000 jobs than the exception. Throughout the time to encourage developing nations lost. planet’s history, the climate has such as China to participate in mean- U.S. steel production could fall 30 changed. ingful commitments. percent with accompanying job losses I will confess to my own personal fas- The resolution before us states that of 100,000. cination with the Greenland ice core new commitments on the part of devel- All primary aluminum plants in the records that I first became familiar oped countries to limit or reduce United States could close by 2010. with when the University of Alaska re- greenhouse gas emissions must be ac- Many petroleum refiners in the moved an ice core record spanning the companied by new commitments on the Northeast and Gulf Coast could close, entire depth of the Greenland ice cap. part of developing countries to do the and imports would displace more do- These ice cores are high-resolution same. mestic production. records of climate which can be ana- I believe the Senate would have dif- Mr. President, these are serious eco- lyzed like the rings of a tree—only ficulty ratifying any new climate trea- nomic impacts, and I believe we can all these records go back 100,000 years or ty that imposed legally binding green- agree that this is precisely what we more. house gas reduction targets and time- must avoid. The Greenland ice core record tells tables, which are essentially energy That’s what this resolution is about, us that the earth’s climate has always quotas, only on the most developed na- and that’s why I feel it should pass changed and shifted, often dramati- tions. with a broad, bipartisan margin. S8136 CONGRESSIONAL RECORD — SENATE July 25, 1997 Some will argue that we cannot be and the understanding of the American not politicians, but scientists—ex- successful in efforts bring developing people is fairly reached when it comes pressed their doubts about the validity nations along in the negotiations in to this issue. of computer-driven warming forecasts. time for the December 1997 meeting in Let me speak for a few moments Why? You heard the Senator from Kyoto, Japan. about my frustration that our Presi- Oklahoma just now say the reason is But I believe we should try. And if we dent has decided to use his bully pul- the science isn’t bearing it up. People cannot achieve a new treaty that in- pit, in my opinion, to terrorize the who watch our satellites say that our cludes developing nations in this time- American people into supporting the satellites tell us we are getting cooler. frame, then perhaps Kyoto can at least administration’s quest for commit- Yet people who watch our ground tem- produce a roadmap leading to meaning- ments for energy use reduction that peratures suggest we might be getting ful commitments by all nations. are legally binding on the United warmer. Instead of sponsoring a fair Mr. President, there is no need for a States. The President has been quite debate, the administration is only headlong rush toward rash policies. frank about building a propaganda using part of the available science, The carbon problem didn’t appear campaign about calamities of future while denegrating the other side. overnight. It won’t be addressed over- global warming, beginning with yester- What is so important for this country night. We have time to devise and con- day’s White House meeting on climate to understand, what is more important sider balanced approaches that can change. The President has indicated for the parliamentarians of the world work. his propaganda drive will culminate in to understand, is that the President Time will allow new energy and effi- a White House conference on global does not necessarily speak for this Sen- ciency technologies to mature. warming in October. The conference is ate. But what is critically important is Time will provide for global solutions not likely to be a thoughtful round- that this Senate will speak for itself. that include the developing nations. table. It may now be more thoughtful, And it is, without question, the respon- Time will allow us to sharpen our because I think the administration has sibility of the Senate of the United science and better understand the true finally recognized that the Senate in States to approve treaties. What we do threat of climate change, if it is indeed fact will become engaged and must be- not want to happen is the lifting of the a dangerous threat. come engaged. level of expectation projected by the Yes, the climate issue is a serious Why did I use the words I just used? rhetoric and the selective science by an one. But it’s not a reason to panic. Here is the reason. Here is the plan administration that would bring us This resolution helps our nego- that our administration is now sup- into negotiations to produce a treaty tiators. It sends an important message porting: That they would cause us to in Kyoto in December that simply that this is a global problem that re- enter into a binding agreement that would not speak to the realities or the quires the attention and participation the United States would be responsible responsibilities that we ought to be en- of all nations. for 48 percent of the world’s obligation gaged in. The administration must realize that I urge the Senate’s adoption of the to reduce energy use. We said a long a strong American economy is essen- resolution, and I again commend Sen- time ago that any climate change tial to our Nation if we are going to ators BYRD and HAGEL for their leader- agreement that affects the United spend upwards of $2 billion a year on ship and tireless efforts. States should not be binding, but vol- climate change research, if we are The PRESIDING OFFICER. The Sen- untary on the world. Is the administra- going to adapt to changing climate, if ator’s time has expired. tion’s plan a dramatic departure from needed, and if we are going to adjust Mr. MURKOWSKI. As chairman of where we were? Here is where it is. It is our economy and our economic base for the Natural Resources Committee, I dramatic because when we arrive at am vitally interested in this area be- those purposes. the year 2010, to achieve our 1990 levels, So, I am pleased to endorse, and I cause it is our responsibility. I thank the United States will be contributing hope Senators will join with me in a my friends, the managers of the bill, about 20 percent of the world’s emis- strong endorsement, of Senate Resolu- and my good friend, Senator BYRD. sions, while the rest of the world will tion 98. It is important that we speak Mr. HAGEL. Mr. President, I yield be contributing 80 percent. Yet China now. I view, as others do, that this is a the remainder of my time to the Sen- and India and other Asian nations and preliminary statement in what will be ator from Idaho. developing countries, by this adminis- a long and complex debate for all of us The PRESIDING OFFICER. The Sen- tration’s negotiations, would be ex- to become involved in, because I don’t ator from Idaho is recognized. empt. That is why it is time we come know where our science will lead us. Mr. CRAIG. Mr. President, I thank to the floor to speak about this. But if it, in fact, can show us the way my colleague for yielding, and let me Senate Resolution 98, under the au- and clearly demonstrate that there is a thank Senator HAGEL and Senator thorship of Senator BYRD and Senator climate change responsibility for this BYRD for bringing this resolution to HAGEL, says just that, that we cannot Nation, then all the rest of the nations the floor in a timely manner. I know become involved unless we are all in- in the world must participate. We can- several of my colleagues wish they volved and that we should not become not shoulder 48 percent of the burden could have spent a longer period of involved unless the science is sure, or for the rest of the world. time this morning debating the issue, so sure that we will commit this coun- Mr. President, let me close with this and I can’t blame them. Let me suggest try and the rest of the world into a last chart. If you were to turn the to them that this is only the beginning course that could bind us and reshape United States into a forest with no of a long and very important debate for our economies and clearly design a dif- emissions whatsoever, by the year 2100 our country to become involved in. It ferent destiny for the American people here is the problem with the rest of the also was very important, though, that than one that we might otherwise world. The problem is that we want to the Senate of the United States, the choose. be at 1990 levels by 2010. If you take the ratifying body of our Government and The President and the Vice President United States out of the equation, the our country, speak out clearly and stand next to flooded homes in the Da- total concentration of greenhouse boldly before the ad hoc climate kotas and suggest that this unfortu- gases hardly changes. Yet this adminis- change negotiating group convenes nate event is a product of global warm- tration, at least by their rhetoric of next Wednesday in Bonn, and carries ing. That is not fair, because the the last several months, would take their meetings through August 8. The science doesn’t prove it. So when I use China out of it, the other developing reason it is important that the Senate the word ‘‘terrorize,’’ or I use the word world nations out, and leave us to bear speak out is because we do not believe ‘‘propaganda,’’ it is not by chance that the burden. That is why S. Res. 98 is so the sky is falling. We are not sure if I use those words. The science simply critical for us today, for the world to- the sky is cracked, and if it is, maybe doesn’t support the claims being made morrow, as we march toward Kyoto in we need to build a superstructure to by this administration, it is important December. hold it up. But this country cannot to understand that. Last year, in the The PRESIDING OFFICER. The time commit itself to this kind of binding Leipzig Declaration, 100 scientists from of the Senator has expired. Who seeks agreement unless the science is clearer around the world, climate scientists— time? July 25, 1997 CONGRESSIONAL RECORD — SENATE S8137 Mr. KERRY. Mr. President, I yield datory limits on carbon dioxide, the tion of carbon-based fuels, coal, gas, oil, myself a couple of minutes before primary manmade source of global could be reduced, they warned, temperatures yielding to the Senator from Oregon. warming. We have shown in our home would rise between 1.8 and 6.3 degrees Fahr- Mr. President, we have heard a cou- enheit over the next century. Temperature State that it is possible to have a changes in the middle level of that scale ple of Senators refer to the fact that thriving, prosperous economy and take could cause a 20-inch rise in sea levels that the science somehow, because of sat- steps to limit these environmental would flood coastal lowlands and tropical is- ellite observations, does not indicate problems that our colleagues have lands, an increase in weather extremes and the kind of warming that others are ar- talked about. global damage to forests and croplands. De- guing is taking effect. This is an exam- The fact is, our country can help play spite challenges from businesses which have ple of how an individual scientific fact a leadership role in controlling global been attacking the science in tobacco indus- is used to distort the record here for warming without causing an economic try fashion, the U.N. panel has not retreated from its basic findings. one purpose or another. We will have meltdown. There are, really, three ap- So, Mr. President, we are going to time later to discuss all of those pur- proaches that the State of Oregon has have a good debate in this country in poses. But the argument is made that, used, as the first State in the country the next months on the science, and although thermometers located at the to have mandatory controls on carbon that is appropriate; we ought to have Earth’s surface show an increase in dioxide emissions. it. We ought to put to the test all of temperature today higher than it has First, as Senators BYRD and KERRY the theories. We should demand the been for 130 years, people say the sat- have talked about, we give great em- most exacting models. We should press ellite measurements, which are thou- phasis on market mechanisms. We are for the most certitude that we can sands of feet above the surface, show a not talking about a big government ap- gain. But there is no issue today sci- cooling since 1979. proach. We are talking about using the entifically about the fact that there is That is true. That is the only part of market. global warming taking place, about the this that is true. There is nothing in Second, we have taken steps to build fact that there is sea-level rise occur- that fact that discredits the theory, these new approaches into new power- ring, and that, if it continues at the the thesis, which has been accepted by plant design. It is prospective, so that current trend levels, the damages could scientists, with respect to the warm- all those who are constructing our new be devastating. ing. Let me point out why. Thermom- powerplants understand the rules. We can quarrel about how much hap- eters in satellites and thermometers on Third, we have given special rewards, pens at what point in time, about what the ground obviously measure tempera- credits, for innovative approaches such model is better at predicting the im- tures at two very different places in as proper management of our forests. pact. I will acknowledge there are in- the atmosphere, and it is not surpris- I conclude by saying that properly herent uncertainties in that process. ing, according to most scientists who managed forests can be very effective Clearly there are. But we know we are interpret this, that there is a dif- in helping to capture greenhouse gases, living in the midst of the most signifi- ference. At higher altitudes, tempera- carbon dioxide, and removing them cant increase that we have seen in 130 tures fluctuate far more than they do from the air. Our Northwest forests are years, and the evidence of the progno- at the surface due to natural climate some of the very best carbon sinks in sis of our best scientists is that it is influences like sunlight reflecting par- the world. The older forests are esti- going to continue at a rate that is ticles from volcanoes and other mated to be two to three times as ef- greater than anything we have known variabilities. What scientists called fective in capturing carbon dioxide since humankind, since civilization has variability, or noise in the satellite emissions as new growth. existed, civilization within the last record, obscures the warming trend due I have heard several of my colleagues 8,000 to 10,000 years on this planet. We to the buildup of greenhouse gases that talk about some of the alternatives. owe it to ourselves and to common is apparent in the global surface tem- Carbon taxes—— sense to try to make the best judg- perature. The PRESIDING OFFICER. The time ments about that. Furthermore, the depletion of the of the Senator from Oregon has ex- This resolution today, I want to em- ozone layer, which has occurred mostly pired. phasize, is not about the science. This since 1979, has had a cooling effect on Mr. WYDEN. I ask unanimous con- resolution is about how our team goes the atmosphere which is more marked sent for 30 additional seconds? to Kyoto and how we negotiate in the at higher levels than it is at surface Mr. KERRY. How much time is re- next months. levels. The Earth’s surface has warmed maining? I want to emphasize with respect to over the northern and the southern The PRESIDING OFFICER. There re- my comments about the Berlin man- hemispheres, which totally negates the main 7 minutes 35 seconds. date that there is nothing in this reso- notion of any kind of heat effect from Mr. KERRY. I yield the Senator an lution today that I deem to be incon- sistent with the mandate; nothing in- urban centers or otherwise. additional minute. There will be later times to discuss Mr. WYDEN. My last point is we consistent. I do believe that this begins to alter appropriately how we begin to the science. But it is important to note know, for example, that properly man- approach some of the negotiations in that on June 22, 1997, the New York aged forests are a cost-effective alter- Kyoto, and I accept what the Senator Times in an editorial said that the rea- native to end-of-pipe emission controls from Nebraska has said, I accept what son we had voluntary agreements out or carbon taxes. There are alternatives the Senator from West Virginia has of Rio was science was somewhat out there. My home State has shown they can work, and I thank Senator said, and others. It is a matter of fair- murky. But in 1995, the U.N. Intergov- ness and common sense that the United KERRY for the extra time. ernmental Panel on Climate Change, States should not be placed at a dis- consisting of 2,500 scientists, concluded Mr. KERRY. Mr. President, I would like to just read that New York Times advantage and make a set of choices that there was a serious impact they that don’t bring others into the process editorial and ask unanimous consent it could discern, and the science became of solving this. certain. be printed in the RECORD, and I yield So, Mr. President, thanking the Sen- So I think as time goes on Americans myself such time as I use. ator from West Virginia for the col- will come to understand that. With respect to the science it says: loquy, clearly I am not calling my I yield 3 minutes to the Senator from One reason why the industrial nations amendment up. Oregon. opted for voluntary targets in Rio was that Mr. President, I have extra time. I The PRESIDING OFFICER. The Sen- mainstream scientists simply couldn’t agree will yield 2 minutes of my time to the whether manmade emissions have contrib- ator from Oregon is recognized. Senator from West Virginia. Mr. WYDEN. Mr. President, I com- uted to the small rise in global temperatures that began in the late 19th century. In 1995, The PRESIDING OFFICER. The mend particularly Senator BYRD and however, the U.N. intergovernmental panel Chair observes that the Senator has 1 Senator KERRY for their leadership in on climate change consisting of about 2,500 minute 45 seconds remaining. this area and say I come to the floor as scientists concluded that they had. The lan- Mr. KERRY. I yield 1 minute 45 sec- a U.S. Senator from a State that is the guage was cautious, their forecasts were onds to the Senator from West Vir- first State in the country to put man- gloomy. Unless the current rates of combus- ginia. S8138 CONGRESSIONAL RECORD — SENATE July 25, 1997 Mr. BYRD. Mr. President, I ask unan- damentals of how you might approach as ‘‘Annex I Parties’’, and the remaining 129 imous consent that I may have an addi- the issue of timetable or compliance. countries, including China, Mexico, India, tional 30 seconds over and above the We have discussed that in the course of Brazil, and South Korea, as ‘‘Developing Country Parties’’; time referred to. this debate, and that is what I intended Whereas in April 1995, the Convention’s The PRESIDING OFFICER. Without to say. ‘‘Conference of the Parties’’ adopted the so- objection, it is so ordered. I yield back any remaining time. called ‘‘Berlin Mandate’’; Mr. BYRD. Mr. President, it was Mr. HAGEL. Mr. President, I ask for Whereas the ‘‘Berlin Mandate’’ calls for John Stuart Mill who said that ‘‘On all the yeas and nays. the adoption, as soon as December 1997, in great subjects, much remains to be The PRESIDING OFFICER. Is there a Kyoto, Japan, of a protocol or another legal said.’’ I think we will all be saying a sufficient second? instrument that strengthens commitments good bit more than has been said here There appears to be a sufficient sec- to limit greenhouse gas emissions by Annex as the days come and go. We are not ond. I Parties for the post-2000 period and estab- lishes a negotiation process called the ‘‘Ad yet debating the treaty itself. But my The yeas and nays were ordered. Hoc Group on the Berlin Mandate’’; distinguished friend, Mr. KERRY, has The PRESIDING OFFICER. The Whereas the ‘‘Berlin Mandate’’ specifically just said, in his judgment, there is question is on agreeing to the resolu- exempts all Developing Country Parties nothing in this resolution that is in- tion. The yeas and nays have been or- from any new commitments in such negotia- consistent with the Berlin mandate. dered. The clerk will call the roll. tion process for the post-2000 period; Mr. President, that is not my view at Mr. NICKLES. I announce that the Whereas although the Convention, ap- all. I think we only have to read the Senator from Minnesota [Mr. GRAMS] is proved by the United States Senate, called necessarily absent. on all signatory parties to adopt policies and resolution itself—it speaks for itself— programs aimed at limiting their greenhouse and we will find that it is inconsistent Mr. FORD. I announce that the Sen- gas (GHG) emissions, in July 1996 the Under- with the Berlin Mandate, and I in- ator from Nevada [Mr. BRYAN], the Secretary of State for Global Affairs called tended to say that. Senator from California [Mrs. FEIN- for the first time for ‘‘legally binding’’ emis- Mr. President, I will try to elaborate STEIN], the Senator from Iowa [Mr. sion limitation targets and timetables for on my view with a two-part observa- HARKIN], and the Senator from Nevada Annex I Parties, a position reiterated by the tion. First, with respect to significant [Mr. REID] are necessarily absent. Secretary of State in testimony before the emitters, such as China, it makes no The PRESIDING OFFICER. Are there Committee on Foreign Relations of the Sen- any other Senators in the Chamber de- ate on January 8, 1997; sense for the international community Whereas greenhouse gas emissions of De- to begin this effort by agreeing to un- siring to vote? veloping Country Parties are rapidly increas- checked emissions growth from newly The result was announced—yeas 95, ing and are expected to surpass emissions of constructed, but inefficient, power-gen- nays 0, as follows: the United States and other OECD countries erating and industrial facilities. It is [Rollcall Vote No. 205 Leg.] as early as 2015; neither cost-effective nor environ- YEAS—95 Whereas the Department of State has de- mentally beneficial to go back and ret- clared that it is critical for the Parties to Abraham Faircloth Lugar the Convention to include Developing Coun- rofit dirty smokestacks. Akaka Feingold Mack try Parties in the next steps for global ac- We all know that China in particular Allard Ford McCain Ashcroft Frist McConnell tion and, therefore, has proposed that con- has near-term plans to increase its Baucus Glenn Mikulski sideration of additional steps to include lim- power-generating capacity Bennett Gorton Moseley-Braun itations on Developing Country Parties’ exponentially. We must anticipate the Biden Graham Moynihan greenhouse gas emissions would not begin prospect of significant new industrial Bingaman Gramm Murkowski until after a protocol or other legal instru- Bond Grassley Murray ment is adopted in Kyoto, Japan in Decem- development in China and other places Boxer Gregg Nickles by providing incentives for deployment Breaux Hagel Reed ber 1997; of new, cleaner technologies. In short, Brownback Hatch Robb Whereas the exemption for Developing Bumpers Helms Roberts Country Parties is inconsistent with the we must bring back from Kyoto some Burns Hollings Rockefeller need for global action on climate change and commitments that China and other Byrd Hutchinson Roth is environmentally flawed; large emitters will grow in a smart Campbell Hutchison Santorum Whereas the Senate strongly believes that way. Chafee Inhofe Sarbanes the proposals under negotiation, because of Cleland Inouye Sessions I want to make it clear that the cur- Coats Jeffords Shelby the disparity of treatment between Annex I rent approach of the State Department Cochran Johnson Smith (NH) Parties and Developing Countries and the is not acceptable to this Senator under Collins Kempthorne Smith (OR) level of required emission reductions, could the terms of the resolution. Their ap- Conrad Kennedy Snowe result in serious harm to the United States Coverdell Kerrey Specter economy, including significant job loss, proach will not work. A promise by the Craig Kerry Stevens trade disadvantages, increased energy and developing countries to only negotiate D’Amato Kohl Thomas consumer costs, or any combination thereof; at a later date is simply unacceptable. Daschle Kyl Thompson DeWine Landrieu Thurmond and Any agreement resulting from negotia- Dodd Lautenberg Torricelli Whereas it is desirable that a bipartisan tions in Kyoto, or thereafter, that in- Domenici Leahy Warner group of Senators be appointed by the Major- cludes binding commitments for devel- Dorgan Levin Wellstone ity and Minority Leaders of the Senate for oped countries must also include seri- Durbin Lieberman Wyden the purpose of monitoring the status of nego- Enzi Lott tiations on Global Climate Change and re- ous, specific, and binding commitments NOT VOTING—5 porting periodically to the Senate on those by the developing world. negotiations: Now, therefore, be it I thank all Senators. Bryan Grams Reid Resolved, That it is the sense of the Senate Feinstein Harkin The PRESIDING OFFICER. The that— Chair observes that all time has ex- The resolution (S. Res. 98) was agreed (1) the United States should not be a signa- pired. to. tory to any protocol to, or other agreement Mr. KERRY. Mr. President, I ask The preamble was agreed to. regarding, the United Nations Framework unanimous consent for 60 seconds to The resolution, with its preamble, is Convention on Climate Change of 1992, at ne- as follows: gotiations in Kyoto in December 1997, or clarify the record and respond. thereafter, which would— The PRESIDING OFFICER. The Sen- S. RES. 98 (A) mandate new commitments to limit or ator is recognized. Whereas the United Nations Framework reduce greenhouse gas emissions for the Mr. KERRY. Mr. President, I don’t Convention on Climate Change (in this reso- Annex I Parties, unless the protocol or other disagree with what Senator BYRD has lution referred to as the ‘‘Convention’’), agreement also mandates new specific sched- just said. In a sense, I should correct adopted in May 1992, entered into force in uled commitments to limit or reduce green- my own comment when I talk about 1994 and is not yet fully implemented; house gas emissions for Developing Country the Berlin mandate. Obviously, we are Whereas the Convention, intended to ad- Parties within the same compliance period, dress climate change on a global basis, iden- or altering the way in which we are ap- tifies the former Soviet Union and the coun- (B) would result in serious harm to the proaching the question of inclusive- tries of Eastern Europe and the Organization economy of the United States; and ness. When I say ‘‘nothing inconsist- For Economic Co-operation and Develop- (2) any such protocol or other agreement ent,’’ I am talking about in the fun- ment (OECD), including the United States, which would require the advice and consent July 25, 1997 CONGRESSIONAL RECORD — SENATE S8139 of the Senate to ratification should be ac- stood with us, who were going to vote Again, President Clinton has asked companied by a detailed explanation of any with us, so we were able to have the us to pass this legislation. Greenpeace, legislation or regulatory actions that may be strength to negotiate this compromise. the Center for Marine Conservation, required to implement the protocol or other I will not object to the request. the Environmental Defense Fund, the agreement and should also be accompanied The PRESIDING OFFICER. Is there by an analysis of the detailed financial costs World Wildlife Fund, and the National an objection? Wildlife Federation have asked us to and other impacts on the economy of the Hearing none, without objection, it is United States which would be incurred by pass this bill. My only test for accept- the implementation of the protocol or other so ordered. ing changes to the bill is that the con- agreement. Mr. LOTT. Let me wrap this up right servation agreement remains intact. SEC. 2. Secretary of the State shall trans- quick because Senator MCCAIN needs to The agreement, which still must be mit a copy of this resolution to the Presi- be able to comment on this, too. put into legislative language, lifts the dent. For the information of all Senators, embargo on tuna from the eastern Mr. LOTT. I move to reconsider the in light of this agreement with respect tropical Pacific, and would require the to the tuna-dolphin legislation, the clo- vote. label change after the Secretary of ture vote was vitiated; therefore, there Mr. KERRY. I move to lay that mo- Commerce makes a finding on imple- will be no further votes to occur today. tion on the table. mentation of the international agree- The next votes will occur in stacked se- The motion to lay on the table was ment does not adversely affect dolphin quence on Tuesday, July 29, beginning agreed to. in any substantial way, by a time cer- f at 9:30 a.m. I want to thank all Senators for their tain. We have had months of negotia- UNANIMOUS-CONSENT cooperation, especially the Senator tions on this issue. Mr. President, I want to make one AGREEMENT—S. 39 from Maine, Senator SNOWE. She did thing perfectly clear. This agreement outstanding work. She did not always Mr. LOTT. Mr. President, I ask unan- would not be where it is today without imous consent that the order entered receive the type of consideration she should have, but she has risen above the Senator from Maine, Senator July 24 with respect to S. 39, order No. SNOWE, the subcommittee chairperson, 11, which is with regard to the tuna- that. Without her agreement, this would not have been possible. Also, of who conducted weeks and months of dolphin issue, be vitiated. negotiations on this issue. The Senator The PRESIDING OFFICER. Without course, Senator MCCAIN has been dili- gent in his work, as always, and also from Maine is the one that made this objection, it is so ordered. happen. Whenever there is a victory, Senator KERRY, who got involved to Mr. LOTT. I further ask that the ma- there are all kinds of people that like jority leader, after consultation with help us work this out. I would like to make sure now that to take credit for it. The Senator from the Democratic leader, may turn to S. Senator MCCAIN has a chance to speak Maine, Senator SNOWE, entered into a 39, and one managers’ amendment be in and put the proper perspective on all of months-long series of negotiations, and order, and time for the amendment and this. has accepted amendments and reserva- the debate on the bill be limited to 30 Mr. MCCAIN. Mr. President, I re- tions that she would not otherwise minutes, equally divided in the usual ceived a letter from the National Secu- want to. I am sorry that the thing that form, and following the conclusion or rity Adviser. I ask unanimous consent held up this agreement was extreme yielding back of time, the Senate pro- that it be printed in the RECORD. partisanship, which motivated people ceed to vote on the amendment, to be There being no objection, the letter to vote for cloture on a bill that the followed by third reading and passage was ordered to be printed in the administration and the environmental of S. 39, as amended, if amended. RECORD, as follows: community supported, and the charac- Mrs. BOXER. Reserving the right to THE WHITE HOUSE, terization of this bill as some kind of object, and I shall not object, I want to Washington, July 25, 1997. cave-in is wrong. We demanded that say to our majority leader that I thank Hon. JOHN MCCAIN, the international signatories would him for his patience. I want to use this Chairman, Committee on Commerce, Science, agree to any compromise that was time in reserving my right to object, and Transportation, U.S. Senate, Washing- made. That was done so in this bill. which I shall not, to thank the major- ton, DC. There will be, at a time certain, a la- ity leader for his patience in allowing DEAR MR. CHAIRMAN: I want to thank you for your hard work and support to find an ac- beling which will allow this Nation— us the time we needed to come to what ceptable compromise on S. 39 the Inter- and the other nations who are signato- I think is a good compromise on this national Dolphin Conservation Act. I am ries—to have the importation of tuna bill. writing to inform you that we accept the into this country. I am sorry that these I want to say that Senator JOHN agreement that has been struck between issues, which are really in the best in- KERRY stepped into the breach at the yourself and other Senators involved with terests of the Nation, somehow get po- moment we needed him to do so, and in the discussions on the legislation. I also liticized so much, as this issue has working with Senator MCCAIN and Sen- want to inform you that we have consulted with the Government of Mexico and that been. The Senator from Maine has re- ator SNOWE, Senator BREAUX, Senator they do not object to the agreement. They, frained from that all along. BIDEN, myself, Senator STEVENS—it in turn, are discussing this with the other I yield the floor. was a big group of us, and a group that signatories of the Panama Declaration in PRIVILEGE OF THE FLOOR is pretty much known for some very order to secure their acceptance of this com- Mr. KERRY. Mr. President, I ask strong opinions. I want to thank him. promise. I am hopeful that all the signato- unanimous consent that a fellow in my And the administration was at the ries will be able to accept this compromise office, Tom Richey, be permitted ac- as well. table. It was not easy. cess to the floor. But in the end, what we are going to Again, thank you for your efforts to bring about a successful conclusion to the discus- The PRESIDING OFFICER. Without do basically is keep the label the way sions on S. 39. objection, it is so ordered. it is and give some time for a study to Sincerely, Mr. KERRY. Mr. President, I want to begin, put all the other wonderful parts SAMUEL R. BERGER, make it clear that, from my perspec- of that bill into place, and then when Assistant to the President tive, this agreement on tuna-dolphin the preliminary results are known, we For National Security Affairs. does not represent a cave-in. It doesn’t will make a decision—the Secretary of Mr. MCCAIN. Mr. President, this let- represent one side sort of being bullied Commerce will—on whether or not to ter indicates that negotiations we have by another side. Also, I certainly don’t change the definition of what con- entered into making changes to the think it represents a partisan effort be- stitutes ‘‘dolphin safe’’ tuna. So I legislation will keep the International cause Senator BOB SMITH of New Hamp- think it is a victory for American con- Dolphin Conservation Program intact. shire, and a number of our colleagues sumers. That has been our sole objective. With across the aisle, were also very inter- Just in concluding my brief remarks the administration’s assurance, I be- ested in the outcome of this and were here—and I will not object to the unan- lieve we are prepared to enter into a prepared to join in a rigorous debate. imous-consent request—I want to time agreement for final passage of the What I believe has happened is that, thank the more than 44 Senators who bill. as it often does in the U.S. Senate, S8140 CONGRESSIONAL RECORD — SENATE July 25, 1997 when contentious views are brought to- VENS and Senator BREAUX, who origi- ousness of the situation in China and gether and people have a chance to be nally introduced this legislation in the the severity of the crackdown that has able to air those views and work at it last Congress. So I hope that we will been imposed upon those who would ex- over time, we have been able to arrive take the steps necessary to implement press any opinion contrary to that of at what I believe is a very good, sen- this legislation and, ultimately, will the Communist government. sible compromise—not a cave-in, a ratify the agreement that was reached As an original cosponsor of the dis- compromise. It is a compromise which by this administration with respect to approval resolution on MFN to China, I I think takes the very best of what was this issue. believe serious human rights abuses proposed originally by Senator BREAUX With that, I yield the floor, Mr. persist in all areas of China today and and Senator STEVENS and helps to President. that the continuous delay of this year’s amalgamate it with other people’s The PRESIDING OFFICER. Who report on religious persecution raises ideas about what would make it even seeks time? the question as to this administra- stronger. It is going to be a strong con- f tion’s willingness to engage in an open servation ethic. It is going to guaran- discussion of the effect of U.S. policy MORNING BUSINESS tee that we take the cooperation of on human rights in China and around other countries that we are respectful Mr. HUTCHINSON. Mr. President, I the world. of and grateful for their cooperation ask unanimous consent that there now I urge that the State Department re- and utilize that in a way which is going be a period for the transaction of morn- port be delivered in a timely manner to to strengthen our relationship in the ing business, with Senators permitted ensure its full disclosure and debate hemisphere and, at the same time, pro- to speak therein for up to 10 minutes prior to a vote on the extension of vide for a strong conservation capacity each. MFN to China. It seemed to be only with respect to the dolphin stocks. The PRESIDING OFFICER. Without right, only proper that the House and I think everybody ought to be very objection, it is so ordered. my Senate colleagues would have an pleased with the outcome. I am grate- f opportunity to see the latest and most ful to the Senator from Maine, Senator THE STATE DEPARTMENT REPORT accurate information as to what is SNOWE, for her efforts on this. I regret ON MFN going on in China. That information that, yesterday, there were some mis- was denied the House and it was denied understandings during the course of it. Mr. HUTCHINSON. Mr. President, my colleagues in the Senate, as we But she has exhibited great strength Tuesday, the New York Times stated voted on the sense-of-the-Senate reso- and willingness to help provide for our that the State Department would issue lution last week. I even publicly made ability to move forward. I thank her its first report on the worldwide perse- a request on the Senate floor for that publicly for that. cution of Christians and this report report to be issued prior to any MFN I want to thank the chairman of the would be sharply critical of China. debate and MFN vote. committee, Senator MCCAIN, for his ef- That report was, in fact, released this The State Department informed me forts and patience, particularly. I past Wednesday, and I urge all of my that I would receive a copy of the re- think he allowed people to work colleagues in the U.S. Senate to read port as soon as it was released. Mr. through this in a way that got us here. this report. This is the same report President, the fact was that the New I particularly thank Senator BOXER for that the State Department originally York Times received a copy of this re- her tireless, tireless energy in fighting promised to release to Congress on port before Congress did. This year’s for what she thought was right in this January 15, over 6 months ago. It is the report states quite clearly that the situation and for helping to create the same report that the State Department Chinese Government has consistently ability to come to this compromise. So promised to release by the end of June, violated its own constitutional guaran- I think it is positive for all concerned, and the same report that the State De- tees of religious rights, cracking down and I think everybody ought to feel partment promised to release before on Catholic and Protestant groups, good about it, without any sense of the House voted on China’s most-fa- raiding worship groups meeting in pri- partisanship or any divisiveness. vored-nation trading status. vate homes, and sometimes detaining I thank the Chair. On June 18 of this year, my good and interrogating and even beating re- The PRESIDING OFFICER. Who friend and colleague from Wisconsin, ligious leaders. Furthermore, the re- seeks time? Senator FEINGOLD, and I sent a letter port states: Ms. SNOWE addressed the Chair. to both the President and to the Sec- The government of China has sought to re- The PRESIDING OFFICER. The Sen- retary of State, expressing our grave strict all actual religious practice to govern- ator from Maine. concerns about recent reports that sug- ment-authorized religious organizations. Ms. SNOWE. I thank the Chair. I rise gested that the State Department was Some religious groups have registered, while to express my support for the agree- deliberately delaying the release of its others were refused registration. ment that ultimately was reached on findings on religious persecution I want to commend and express my this very important issue. I remind my throughout the world. It was my under- appreciation to Senator ASHCROFT colleagues that this was an issue that standing that this report placed a spe- from the State of Missouri for his will- had been introduced in the last Con- cific focus on the persecution of Chris- ingness to come to the floor of the Sen- gress by the Senator from Alaska, Sen- tians and other religious minorities ate this week and express his own out- ator STEVENS, and unfortunately, we around the world, and that the report rage at the continuing deterioration of weren’t able to get it through in the singled out China for especially tough human rights conditions in China. last Congress, for a lot of political rea- criticism. Mr. President, I raise this question sons. I hope now that people recognize It is, in fact, the case, as the report on the floor of the Senate today: Why that this represents a very strong step has been issued and as I have surveyed was the State Department’s report on toward preservation and conservation that report, that that criticism is even religious persecution delayed, delayed, of the species and, at the same time, an more scathing than what had been an- and delayed again, so that it was only important agreement with 11 other na- ticipated. As I have stated on this floor released after all congressional votes tions on this issue, which I think ulti- many times, the 1996 State Depart- and all congressional debate on MFN mately will resolve the problems that ment’s human rights report on China was history? we are facing with respect to tuna, as revealed that the Chinese authorities Mr. President, I have serious con- well as with dolphins. had effectively stepped up efforts to cerns that officials of this administra- So I hope that our colleagues will ul- suppress expressions of criticism and tion are not willing to engage in an timately support this agreement. I protest. This report said that all public open discussion about United States want to commend Senator MCCAIN, dissent had been effectively silenced by policy toward China, and I am deeply who certainly forged an effort to try to either exile, imposition of prison disturbed about the timing of this re- create this, as well as Senator BOXER terms, or intimidation. This latest re- port, especially in light of the votes and Senator KERRY. Truly, the leader- port from the State Department, issued that have transpired in both the House ship was exemplified by Senator STE- this week, further underscores the seri- and the Senate in recent weeks. July 25, 1997 CONGRESSIONAL RECORD — SENATE S8141 The revelation that human rights Mr. President, I ask unanimous con- of-the-Senate resolution for introduc- abuses continue to worsen in China, sent that the text of the sense-of-the- tion to be considered at a later time. while our policy remains status quo, I Senate resolution be printed in the The PRESIDING OFFICER. Without believe, gives our own tacit consent to RECORD. objection, it is so ordered. the terrible atrocities that are occur- There being no objection, the mate- Mr. SPECTER. I thank the Chair. I ring in that great country. rial was ordered to be printed in the yield the floor. To remain silent when evil is per- RECORD, as follows: In the absence of any other Senator petrated and injustice is being in- SEC. . SENSE OF THE SENATE REGARDING AP- on the floor, I suggest the absence of a flicted, I think, is to become a partici- POINTMENT OF INDEPENDENT quorum. COUNSEL. pant in that evil. So I urge my col- The PRESIDING OFFICER. The (a) FINDINGS.—The Congress finds that— leagues to obtain a copy of this year’s (1) press reports appearing in the early clerk will call the roll. report issued this week, read it, study Spring of 1997 reported that the FBI and the The legislative clerk proceeded to it, and decide what action we should Justice Department withheld national secu- call the roll. take as a nation against this regime rity information the Clinton administration Mr. MURKOWSKI. Mr. President, I that continues to disregard basic and President Clinton regarding information ask unanimous consent that the order human rights. pertaining to the possible involvement by for the quorum call be rescinded. the Chinese government in seeking to influ- Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. Mr. SPECTER addressed the Chair. ence both the administration and some mem- BROWNBACK). Without objection, it is so The PRESIDING OFFICER (Mr. STE- bers of Congress in the 1996 elections; (2) President Clinton subsequently stated, ordered. VENS). The Senator from Pennsylvania. in reference to the failure by the FBI and the (The remarks of Mr. MURKOWSKI per- f Justice Department to brief him on such in- taining to the instroduction of S. 1069 INDEPENDENT COUNSEL formation regarding China: ‘‘There are sig- are located in today’s RECORD under nificant national security issues at stake Mr. SPECTER. Mr. President, I have ‘‘Statements on Introduced Bills and here,’’ and further stated that ‘‘I believe I Joint Resolutions.’’) sought recognition to comment briefly should have known’’; on the issue of independent counsel. (3) there has been an acknowledgment by f Yesterday, I spoke about my view that former White House Chief of Staff Leon Pa- independent counsel ought to be ap- netta in March 1997 that there was indeed co- NATIONAL ENERGY SECURITY ordination between the White House and the pointed and the fact that there ap- Mr. MURKOWSKI. Mr. President, I peared to be no chance of Attorney DNC regarding the expenditure of soft money for advertising; would like to call attention to an ex- General Reno appointing an independ- (4) the Attorney General in her appearance traordinary experience that occurred ent counsel, and then exploring the al- before the Senate Judiciary Committee on last weekend, involving several Mem- ternatives of litigation and the alter- April 30, 1997 acknowledged a presumed co- bers of this body who joined my wife native of an amendment to the inde- ordination between President Clinton and and me in visiting our great State of pendent counsel statute. I stated at the DNC regarding campaign advertise- Alaska: Senator HELMS and Mrs. ments; that time that I intended to pursue leg- Helms, the Senator from North Caro- islation to modify the independent (5) Richard Morris in his recent book, ‘‘Be- lina; Senator JEFFORDS from Vermont, counsel statute and had hoped to put it hind the Oval Office,’’ describes his firsthand knowledge that ‘‘the president became the Senator INHOFE of Oklahoma, and Sen- on the appropriations bill on Com- day-to-day operational director of our [DNC] ator SMITH from Oregon. We left last merce, State, Justice, and the Judici- TV ad campaign. He worked over every Friday after the close of business ary, but would not do so if it would tie script, watched each ad, ordered changes in Thursday night. We covered approxi- up the bill. every visual presentation and decided which mately 7,400 miles in about 64 hours. After consultation with the distin- ads would run when and where;’’ guished majority leader and others, it (6) there have been conflicting and con- We visited eight cities and commu- was apparent to me that such an tradictory statements by the Vice President nities. I think we were in the airplane amendment would tie up the bill and regarding the timing and extent of his some 23 hours, spent 6 hours on a bus, most probably provoke a filibuster on knowledge of the nature of a fundraising and at least 10 hours visiting with peo- event at the Hsi Lai Buddhist Temple near ple on the ground in Alaska. But for the other side, and that, in fact, a Los Angeles on April 29, 1996; unanimous-consent agreement had that relatively brief time, I think a (7) the independent counsel statute re- great deal was learned. been proposed which was conditional quires the Attorney General to consider the on tabling any amendment which I specificity of information provided and the The purpose of the trip, relative to might offer. credibility of the source of information per- aspects of the national energy security In addition to the amendment on taining to potential violations of criminal of the country, was to observe the oil independent counsel, I was considering, law by covered persons, including the Presi- development on the North Slope of along with my distinguished colleague, dent and the Vice President; Alaska at Prudhoe Bay, and to follow (8) the independent counsel statute further Senator HATCH, offering a sense-of-the- the pipeline 800 miles down to the ter- requires the Attorney General to petition minus at Valdez. Senate resolution calling for the Attor- the court for appointment of an independent ney General to appoint independent counsel where the Attorney General finds We flew on Friday direct from Wash- counsel. But even a sense-of-the-Senate that there is a reasonable likelihood that a ington, DC, via Edmonton, Canada to resolution would have provoked a like- violation of criminal law may have occurred Cordova, AK, in Prince William Sound, ly filibuster to tie up the bill. So I did involving a covered person; where we were met by Mayor Johnson, not proceed to do that, but instead (9) the Attorney General has been pre- who gave us an overview of the impact filed at the desk yesterday legislation sented with specific and credible evidence of the Federal Government relations for independent counsel, after con- pertaining to potential violations of crimi- and the aftereffects of the Exxon Valdez nal law by covered persons and there is a oilspill at Bligh Reef. sultation with the majority leader, reasonable likelihood that a violation of who said that if an opportunity pre- criminal law may have occurred involving a We then got into smaller aircraft and sented itself that that matter might be covered person; and flew around Prince William Sound. We called up as early as next week. That (10) the Attorney General has abused her viewed Colombia Glacier and at the would not be certain because there are discretion by failing to petition the court for area where the Exxon Valdez went considerations as to what will happen appointment of an independent counsel. aground—we observed the beaches with the reconciliation bill and the tax (b) It is the Sense of the Senate that the closely. I am pleased to tell my col- Attorney General should petition the court bill. immediately for appointment of an inde- leagues that there was absolutely no In the alternative, after discussions pendent counsel to investigate the reason- sign of any residue from that terrible with Senator HATCH, the alternative able likelihood that a violation of criminal accident. has been considered to have a sense-of- law may have occurred involving a covered We then landed in Valdez, were met the-Senate resolution perhaps acted on person in the 1996 presidential federal elec- by a group of people, and boarded a bus next week, if there is time. It is the tion campaign. to go around the harbor to the pipeline last week before the recess. But that is Mr. SPECTER. As if in morning busi- terminal, which is the largest oil ter- problematical. ness, Mr. President, I submit the sense- minal in the United States. A full 25 S8142 CONGRESSIONAL RECORD — SENATE July 25, 1997 percent of our total crude oil produc- But the point the resident brought ploratory well that had been drilled tion is dispatched on U.S.-flagged tank- out is that they prospered only as a within the ANWR area. There was no ers that move it to Hawaii, to Los An- consequence of having a tax base based evidence, other than you can see a dis- geles and San Francisco on the west on resource development—oil and gas. coloration of the tundra, of that well’s coast, and to other areas. They were able to send their children existence—no structures of any kind. It was remarkable to note that there to school. And it was not like the past What that well may or may not con- were hundreds of tourists fishing for when there were no economic benefits, tain we still don’t know because that salmon, right next to the oil terminal, no support base. I think everyone was information has never been released by in small boats. We saw several fish very pleased at the presentation be- the companies that did the drilling. It being caught. These weren’t shills, cause it provided a point of view on en- is somewhat academic at this point, be- these were real people, real tourists ergy development that is not often cause if there were substantial reserves out there, Mr. President. made. there, there is no way to take them out We had an opportunity to inspect the We next flew in our airplane to because it’s all Federal land. Without terminal. We observed the major stor- Prudhoe Bay, the beginning of the 800- the ability to transfer the oil through age area. We actually went into one of mile pipeline, to observe the oilfields. a pipeline it is impractical and unrea- the storage tanks that was being Then we went by bus to a site called sonable to proceed until Congress re- cleaned. The setting of the terminal— Endicott. This is a field based on a solves the issue of what to do with the that I remind my colleagues has the man-made island about 11 miles off- 1002 area. capability of supplying this Nation shore, made of gravel. It is the seventh This is a unique area, part of ANWR, with 25 percent of its total crude oil— largest producing oilfield in North but just 11⁄2 million acres out of the 19- is really dramatic. It sits on a shelf America, and yet it has a footprint of million-acre total. The area of ANWR across the harbor from Valdez, on solid only 54 acres. That’s very significant is basically made up of three parcels. rock, with a dramatic background of when you consider the advancements About 8 million acres are in the wilder- snowcapped peaks. More significant in oil technology between Prudhoe Bay ness, about 9 million acres are in what still is, I think, the technology that and Endicott, and realize they can de- we call refuges. Only 11⁄2 million acres has been adopted there. velop oil using directional drilling are included in the so-called 1002 area, They are currently able to recapture from a very small platform—that is which was reserved for the Congress of any emissions from the loading tank- what Endicott means. the United States to decide whether or ers, that is, the fumes coming from We then drove back to Prudhoe Bay, not it is in the national interest to loading the tankers, and put them back got in small aircraft and went east to open that area for oil and gas explo- into a closed recovery process. So there the Canadian border. There, we were ration. are virtually no emissions coming out inside the Arctic National Wildlife Ref- To conclude with a brief description during the loading process. To protect uge—ANWR. We actually flew into the of the trip, I think my colleagues against liquids, each ship has a boom ANWR area to a village that is in the would agree, they saw a great big hunk around it while it is loaded to make middle of ANWR called Kaktovik. We of American real estate and got a feel sure that there is no oil can possibly met with the villagers. They were out for the sensitive areas. They got a feel escape. I think the oil spillage there in fishing. It was a beautiful day. There for the advanced technology that is un- the last several years has totaled less was virtually no wind. The icecap derway currently for oil and gas explo- than a gallon, to give you some idea of moved away from the shore, leaving ration and production. We saw foxes. the safety and technology that has blue waters. We saw maybe 10,000 cari- We saw caribou running ahead of our been adopted. bou, and several hundred musk ox on bus on the roads in Prudhoe Bay. We next went back to Valdez by boat, the tundra. Then after that day, we flew back to met with community leaders and then The interesting thing is we saw Fairbanks where we were hosted by the got back on our airplane and flew to where the proposed wells are going to Alaska miners to a dinner. The next Fairbanks. In Fairbanks we were be developed on the State’s side of morning, the University of Alaska, on hosted at a dinner by the Arctic Slope ANWR, and then we went near a well Sunday, hosted the Members to a Regional Corp., the Alaska Native cor- site that is very close to the edge of breakfast at 8 o’clock. Then at 9 poration representing the North Slope ANWR called Sourdough. This is a well o’clock, we went out to the Fort Knox area. Next morning we flew from Bar- on State land adjacent to ANWR and gold mine. This is the largest gold row to Fairbanks, about an hour-and-a- which may be the site of a major oil mine in Alaska producing from a new half flight. Point Barrow is the north- discovery. technology that gets the very fine gold ernmost community in the United The question there is whether this and is able to recover it. It is operating States. You can’t go any further north discovery extends into ANWR or is lim- 7 days a week, 24 hours a day with a without falling off the top. ited just to the State land next to it. shift of about 200 personnel, but the There we met with a number of Na- Of course, this presents a problem and significance is that they brought in a tive people, and they were very explicit a question of responsibility for the Sec- bar of gold, a brick, a little bit bigger in explaining to us the significant dif- retary of the Interior. Because he has than a brick, very heavy. It was worth ference that energy development has public trust responsibility to deter- about $167,000. That is what one brick made to their lives. One young man in- mine if there is, in fact, a reservoir of of gold is worth. dicated that he used to come to school oil on the Federal side. That’s impor- We drove back to Fairbanks, got in to keep warm, because there was not tant because if the State allows drill- the airplane at noon on Sunday, and enough heat in his home. They had to ing and the State pulls down the oil de- flew back the rest of the day, got in scrounge on the beach for driftwood, posit under its well, a portion of that here at midnight, and went to work driftwood that is not native to the area resource could belong to the Federal Monday morning. because Barrow is far north of the tree Government. I simply describe this as evidence, I line, but would float in from the Mac- We went to a couple of other areas think, of an opportunity for Members Kenzie River 100 miles away to the east that were interesting. Some in the to see Alaska, such as Senator HELMS, and wash up on the beach. He said group asked, ‘‘Where are the pictures Senator JEFFORDS, Senator INHOFE, things are different now. He went to a of the coastal plain that we see in the Senator SMITH, the current occupant of school that was built by the North environmental magazines that portray the chair, and see for themselves what Slope Borough government and funded the sensitive coastal plain area?’’ We the issues are relative to the issue of by the Arctic Slope Regional Corp. It is took the group back into that area, a ANWR and other aspects of the na- one of the finest schools in the United dramatically different region that is tional energy security interests which States. It has everything—even indoor not in the same area as the coastal Alaska contributes significantly to and recess capability, a good idea in that plain despite the pictures we see so address the dilemma associated with climate. Really a magnificent facility. often. We also observed a number of development on public land and talk to We also visited the local hospital and areas where they plan to drill on the Alaskans who we feel are the best stew- several other things. State’s side, and flew over the one ex- ards of the land. July 25, 1997 CONGRESSIONAL RECORD — SENATE S8143 So I encourage my other colleagues other people around the world. I think Let me make a couple of points. The to contact the Senators in question— that is a fundamental principle we first thing that I have learned in our Senators HELMS, JEFFORDS, INHOFE, must not look for. committee hearing is just how small a and SMITH of Oregon, because we would The Atlantic Monthly recently had a part of the problem we are facing is like to host others in Alaska and let most marvelous article about economic caused from humankind. Look at this them see for themselves as they ad- growth, progress, and technological ad- chart. It is a remarkable chart—CO2 dress many of the issues that are going vancement. Those, it said, are the emissions, natural versus man-made. to determine the manner in which Con- greatest ways to fight pollution and to Eighty to eighty-five percent of gress authorizes resource development clean our environment. The areas that emissions that cause global warming on public lands in our Nation’s largest are most polluted, the areas that are are supposed to be CO2. This is a big State. least safe to live in and where people problem. 96.9 percent of the CO2 emis- With that, I thank my colleague who have the shortest lifespan are the unde- sions on this Earth come from natural has been patient, and I yield the floor. veloped nations of the world. This arti- causes; things which combustion and Mr. SESSIONS addressed the Chair. cle devastated the myth that progress other things do not affect. The rest of The PRESIDING OFFICER. The Sen- and technological advancement imperil the world contributes 3.1 percent. The ator from Alabama. the environment. Indeed, just the oppo- U.S. contribution is less than 1 per- f site is the case. Improved technology cent, .6 percent. If we eliminated all and improved progress allow us to do the production of CO in the United GLOBAL WARMING 2 more for less and improve our environ- States, we would only make a small Mr. SESSIONS. Mr. President, we ment. dent in the overall problem of CO2 just voted earlier today 95 to 0 to di- We do know, though, that we are al- emissions. That is why people are say- rect the President of the United States ready, as a nation, facing a difficult ing they are not sure what is causing not to enter into treaties in Japan challenge around the world. We are global warming, if we have global dealing with global warming at this having a difficult time protecting the warming at all. I think we have to time. Those of us who care about the jobs of working Americans in the face know that. Those of us who are talking Earth on which we live want to make of lower-wage nations that are taking about imposing tremendous economic sure we are good stewards of this plan- our jobs. Ross Perot, in running for burdens on American industry place us et that we are blessed to have and we President, used the phrase ‘‘a giant in a position of not being able to re- care about it very deeply. sucking sound,’’ as he referred to jobs main competitive in the world, for a I have had the opportunity to serve going overseas. The fact is, every day benefit perhaps nonexistent. I think on the Environment and Public Works we place greater and greater burdens this is a matter we have to consider se- Committee and have heard testimony on the productive businesses in our Na- riously. from some of the Nation’s most out- tion. At some point, the cumulation of Do we have global warming? That is standing experts on the question of those burdens reach a point that makes a matter that I know is a given—it is global warming. I am a new Senator, those businesses uncompetitive in the said. Some 2,000 scientists say it is, but just having come here in January, and world and can severely damage the eco- many do not know why. There remains was very interested and fascinated by nomic strength of this Nation. That is a lot of dispute about global warming. the possibility of trying to learn more why the AFL–CIO and working unions I am not sure what the real situation about this problem that I have been all over America are questioning and is. I am certain that there is some reading about, as have so many Ameri- opposing this treaty, because they see slight warming, but I must say that it cans. it will add one more burden to the is not clear. I must admit to you that I have been United States and one more advantage Dr. Christy, a NASA contractor and a somewhat surprised by a number of to undeveloped nations who already professor at the University of Alabama things, including a lack of unanimity have these low-wage rates to knock in Huntsville, a premier university in among scientists, a lack of data among down and take away the productive ca- scientific research, has studied sat- scientists, and a serious disagreement pacity of American industry. I think it ellite data for 20 years. He has been among scientists. I am also somewhat is a valid concern. able to ascertain from that data what surprised, despite the very strong feel- Second, Mr. President, my simple the atmospheric temperatures are ings of people who study this, that the mind, as I have been here, has caused around the world, not just on one sea- President continues to be determined me to think about how many treaties I shore where the gulf stream may affect to enter into treaties that could ad- see that we are entering into. I have it or some prevailing winds may have versely affect the economic well-being this vision in my mind of Gulliver affected the temperature temporarily. of the United States. among the Lilliputians lying there This is a global change. He has studied Let me say first, in my simple way of with strings tying the giant down this over 20 years, beginning in 1979. thinking about this problem, a regula- where he couldn’t get up. Hundreds of Dr. Christy reached a remarkable tion is the equivalent of a tax. It would little threads tied him down, and he conclusion based on his studies of tem- be no different for us than if we were to could not move. perature changes. As stated in his tes- regulate the electric power industry We are a great nation, the greatest timony before the full Senate Commit- and added costs to companies by man- really on Earth, the greatest perhaps tee on Environment and Public Works, dating environmental controls in addi- in the history of the world. We have the level of the atmosphere he is test- tion to the ones that they have imple- great privileges and great requirements ing should be warming, according to mented to preserve the environment as a great nation. We ought not to those who believe in the global warm- for years. If we implement those con- lightly enter into treaties that bind us, ing models, because global warming trols, their customers are going to pay keep us from being able to fully effec- caused by the greenhouse effect should in terms of rate increases. Increases tuate the capabilities that we have and be an atmospheric effect, but he found will be paid by the citizens who enter into treaties with other nations, the atmosphere has not warmed. This consume power, and every American some of whom may not honor those black line reflects the temperature, consumes power. treaties. It is one thing for them to and it has actually gone down during So we have to understand that a reg- sign up. We have seen nations sign up the almost 20 years that he studied. ulation that imposes a burden on some and say they won’t use poison gas and No one has contradicted that evi- big company, like a power company, is then they have used poison gas, and dence. It wasn’t evidence that he went really a tax on all of us. It is a regula- nothing is done about it. What if we out and gathered. It was evidence that tion that impacts all of us. It adds to sign a global warming treaty and other he just took from the satellite informa- the cost of doing business in America. nations who sign it do not comply? tion that was already available to the Every small business that utilizes elec- What will we do then? I suggest we will public, and he made a comprehensive tricity will have to pay for that power do nothing. We will honor that treaty, study of it. at a higher cost. It will make them, as we always do, because we take those What is interesting is, based on his therefore, less able to compete with things very seriously. information, we may not have global S8144 CONGRESSIONAL RECORD — SENATE July 25, 1997 warming at all. As I said, that informa- Let me add one more thing before I MILITARY SERVICE AND tion has not been disputed in any way. conclude. HOMOSEXUALITY Not many years ago, the prediction The other thing we have learned is Mr. COATS. I want to take just a few was that we were going to show a 4-de- that global warming is hard to fix obvi- moments to put something in the gree increase in climate temperature ously if 97 percent of—by far, the No. 1 RECORD that has not really been high in the next 100 years; 4 degrees growth problem of greenhouse gas—CO2, is profiled recently but which is I believe would be the average increase in tem- from natural causes. So we have a important. perature in the next 100 years. problem. I picked up the Washington Post ear- Now, those numbers have dropped to We had testimony recently from four lier this week and was reading through 2 degrees. The experts have reduced scientists before our committee. And I the Post, and in there was a small those already just in the last few years would like to share with you one of the story detailing what the President’s to 2 degrees. exchanges that took place there. press secretary, Mike McCurry, had to Dr. Patrick J. Michaels, professor of One professor thought that even say about an earlier statement made environmental sciences at the Univer- though he was supporting the treaty, by the White House relative to the law sity of Virginia and senior fellow of en- he thought we should take only modest which governs the service in the mili- vironmental studies at the CATO Insti- steps at this time. And he believed that tary of people with homosexual persua- tute, testified before the Senate For- a significant tax on fuel and carbon sion. eign Relations Committee on June 26, products would be the way to do it. The administration had issued the 1997. This is what he said: That is what he proposed. He said, ‘‘I comment in response to some court Critics argued some years ago, as I did, [he think we need to start moving in that rulings that they thought that the law said] that this would have to be a dramatic direction.’’ was working as intended. And then Mr. reduction in the forecast of future warming Dr. Richard S. Lindzen was a member McCurry, after admitted pressure from in order to reconcile fact with hypothesis. of that panel. He is an Alfred P. Sloane the gay rights lobby, issued a clarifica- In other words, he realized that the Professor of Meteorology at the Massa- tion which changed the response or at people who were predicting this 4-de- chusetts Institute of Technology. When least was intended to change the re- gree increase were wrong, and some testifying before the Senate Commit- sponse. I quote from the Washington time ago he predicted they would have tee on Environment and Public Works Post article which said: on July 10, 1997, Dr. Lindzen said, ‘‘I’m to modify this. After protests from gay rights groups, By 1995, [he said] in its second full assess- saying more than that. I’m saying that McCurry yesterday said that contrary to an ment of climate change, the IPCC [the U.N. Dale’’—talking about the professor— earlier statement, the Clinton administra- panel] admitted the validity of the critics’ ‘‘that what he’s proposing, take the tion does have concerns about how its [so- position [his position]. When increases in scenario that you expect, an increase called] ‘‘don’t ask, don’t tell’’ policy [‘‘so- greenhouse gases only are taken into ac- of 4 degrees’’— so Dr. Lindzen is say- called’’ is my emphasis] on homosexuality is count, most climate models produce a great- ing, OK, let us assume that you are being enforced in the military. er warming than has been observed to date— predicting a 4-degree increase in tem- First of all, let me state that this, In other words, we predicted a great- perature in the next century, what af- the current policy which is described er warming than we were actually see- fect would this tax, a significant tax on by many as a ‘‘don’t-ask, don’t-tell pol- ing, than nationally has been observed. oil and all carbon products, have on icy,’’ is not descriptive of the particu- unless closer climate sensitivity to the our environment? lar policy. Therefore, I think it is im- greenhouse effect is used. This is what he said, ‘‘. . . take the portant that we understand that what In other words, we were predicting scenario that you expect an increase of we are dealing with here is a law en- too high a sensitivity to the green- 4 degrees, if we imposed his tax, that acted by this Congress on a bipartisan house effect. would knock the temperature down basis, signed into law by the current The IPCC continued: over 100 years to 3.95 degrees. Only five President of the United States, and not There is growing evidence that increases in one-hundredths of a degree would be af- subject to different interpretations but aerosols are partially counteracting the fected by a tax to reduce that kind of subject to exactly what is printed in warming. emission of gases.’’ the statute. There are many things that are in- We are dealing with a very serious Mr. McCurry needs to understand and volved there. problem. I am concerned about Amer- the White House needs to understand Dr. Michaels then added this com- ican economic growth. I want the that the prohibition against homo- ment. I thought it was very instruc- American people to have good jobs and sexuals serving in the military is a tive, Mr. President. He said: be competitive in the world. I want a statutory requirement that was passed I believe the secular translation of this healthy environment. I believe in that. overwhelmingly by Congress and statement is that either it is not going to I am willing to invest some money in signed into law by the President, his warm up as much as was previously forecast that. But I am not willing to invest President. or something is hiding the warming. I pre- money in a project that will have al- The true test of whether the Depart- dict every attempt will be made to dem- most no effect and perhaps is dealing ment of Defense is faithfully executing onstrate the latter before admitting that the with a problem that may not even the law is whether those who have en- former is true. exist. gaged in or who have a propensity to I thought it was interesting he used We need more science, more study engage in homosexual conduct are those words: ‘‘I believe the secular before we ask the people of this Nation being separated from military service. translation of that document.’’ I to commit their resources into an ef- That is the statute. That is the intent thought about why he did that, why he fort that we could do somewhere else; of the statute. That is the intent of the used those phrases. He is a scientist, a $10 billion, $100 billion spent on this is Congress, as enacted into statutory University of Virginia scientist. Why $100 billion we could spend on child language and signed by the President. would he say that? I think he is saying health care, emergency room admis- And that standard is that those who that because he senses in many of the sions, and a lot of other things that we have engaged in or have a propensity people who are promoting this agenda desperately need in this country. to engage in homosexual conduct find almost a religious bent, a commitment So, Mr. President, I appreciate the themselves at a great inconsistency beyond rationality, a commitment be- opportunity to share those thoughts with longstanding military policy and yond science, a sort of supernatural be- with you. I think we are dealing with are therefore eligible and should be lief that we have to clean this Earth, an important issue. And I hope that the separated from military service. That and nothing we do as human beings American people will pay close atten- is the law of the land. here is healthy, and it is all bad. It tion to it as we go forward. Just a little bit of history. goes beyond rationality. I tend to agree I yield the floor. In January 1993, just days after his that we have some things that are said, Mr. COATS addressed the Chair. inauguration, President Clinton an- that I have observed on our committee, The PRESIDING OFFICER. The Sen- nounced his intent to reverse the mili- that would indicate that that is true. ator from Indiana. tary’s longstanding prohibition against July 25, 1997 CONGRESSIONAL RECORD — SENATE S8145 homosexuals serving in the Armed of the military, its unique calling and cipline, and unit cohesion that are the es- Forces. That decision was uniformly unique requirements for those individ- sence of military capability. opposed by our military commanders, uals to serve in it. The many, many (15) The presence in the Armed Forces of persons who demonstrate a propensity or in- and decisively overturned by the Con- otherwise appropriate rights exercised tent to engage in homosexual acts would cre- gress after months of careful delibera- by Americans are not rights granted to ate an unacceptable risk to the high stand- tion. people who voluntarily agree to serve ards of morale, good order and discipline, Just to reiterate here, the President, in the military or even if they are in- and unit cohesion that are the essence of very shortly after taking office, re- voluntarily called up, which we do not military capability. versed longstanding military policy, do anymore. These are the facts as determined by and even though the President serves (3) Pursuant to the powers conferred by the Senate Armed Forces Committee, in his constitutional capacity as Com- section 8 of article I of the Constitution of by the Congress, both the House and mander in Chief, the leaders of our the United States, it lies within the discre- the Senate, certified by us, written military unanimously opposed, pub- tion of the Congress to establish qualifica- into law, signed into law by the Presi- licly opposed the President’s position tions for and conditions of service in the dent of the United States. These find- Armed Forces. saying that it would undermine mo- (4) The primary purpose of the Armed ings are as operative today as they rale, undermine the cohesiveness, un- Forces is to prepare for and to prevail in were when they were passed. They are dermine the very essence of what the combat should the need arise. not subject to interpretation by the military was designed to do. (5) The conduct of military operations re- President. They are not subject to The Congress’ consensus—after very quires members of the Armed Forces to modification by the administration. considerable examination, hearings make extraordinary sacrifices, including the The law of the land is clear: Homo- and debate—the Congress’ consensus on ultimate sacrifice, in order to provide for the sexuals may not serve in the military. the issue was clear, it was bipartisan, common defense. (6) Success in combat requires military That is the law of the land. That is not and it was broad. And the President ul- units that are characterized by high morale, the opinion of this Senator from Indi- timately signed a statutory prohibition good order and discipline, and unit cohesion. ana. That is not subject to the opinion against homosexuals serving in the A critical element in this fact find- of the President’s press secretary or military. He signed that into law. ing: people in the administration. It is the The law clearly sustained the Depart- (7) One of the most critical elements in law of the land. The military has al- ment of Defense longstanding policy combat capability is unit cohesion, that is ways defined, and continues to define, and was based on several key findings the bonds of trust among individual service a homosexual as one who is engaged in of fact by the Congress. Those findings members that make the combat effective- or has a propensity to engage in homo- of fact are also law. And I would like to ness of a military unit greater than the sum sexual conduct. Unfortunately, while repeat those so that there is no confu- of the combat effectiveness of the individual the law speaks clearly, its popular sion in this administration about ei- unit members. title, ‘‘don’t ask, don’t tell,’’ is often (8) Military life is fundamentally different ther what the intent of Congress was or confusing to the press and the public. what the law was that passed the Con- than civilian life in that the extraordinary responsibilities of the Armed Forces, the It seems to imply that a homosexual gress and was signed by the President unique conditions of military service, and may serve in the military as long as he and now is operative. the critical role of unit cohesion, require or she is discrete. This is simply not Let me just state some of these key that the military community, while subject the case and it misinterprets the law. findings. to civilian control, exist as a special society; The Senate Armed Services Commit- (1) Section 8, article I of the Constitution and the military society is characterized by tee report language is clear about the of the United States commits exclusively to its own laws, rules, customs, and traditions, intent of the law, and again I quote: including numerous restrictions on personal the Congress the powers to raise and support It would be irrational to develop military behavior, that would not be acceptable in ci- armies, provide and maintain a navy, and personnel policies on the basis that all gays make rules for the Government and regula- vilian society. (9) The standards of conduct for members and lesbians will remain celibate or that tion of the land and naval forces. they will not be sexually attracted to others. As the committee report noted: of the Armed Forces regulate a member’s so- cial life for 24 hours each day beginning at Jamie Gorelick, then general counsel The framers of the Constitution expressly the moment the member enters military sta- to the Department of Defense, testi- vested the powers to raise and regulate mili- tus and not ending until that person is dis- fied: tary forces [they vested this power and au- charged or otherwise separated from the thority] in the Congress. The military is not required to take the Armed Forces. risk that you will not engage in the act. The statute goes on to say, with the (10) Those standards of conduct, including At a later hearing, she stated fur- findings: the Uniform Code of Military Justice, apply ther: The President may supplement, but [he to a member of the Armed Forces at all may] not supersede, the rules established by times that the member has a military sta- When someone makes a statement, it is Congress for the Government and regulation tus, whether the member is on base or off reasonable to conclude that they will act, of the Armed Forces. base, and whether the member is on duty or and the military is not required to take the (2) There is no constitutional right to serve off duty. risk that someone will not restrain a propen- in the Armed Forces. (11) The pervasive application of the stand- sity. ards of conduct is necessary because mem- The committee amplified: I want to remind the White House bers of the Armed Forces must be ready at that its constitutional obligation is to The primary mission of the Armed Forces all times for worldwide deployment to a is to defend our national interests by prepar- combat environment. enforce the law of the land. After a pro- ing for and, when necessary, waging war. . .. (12) The worldwide deployment of the Unit- longed national debate on the question Responsibility for the awesome machinery of ed States military forces, the international of homosexuals serving in the military, war requires a degree of training, discipline, responsibilities of the United States, and the the President’s position failed. Rec- and unit cohesion that has no parallel in ci- potential for involvement of the armed ognizing that defeat, he signed the Na- vilian society. . . . The Armed Forces rou- forces in actual combat routinely make it tional Defense Authorization Act of tinely restrict the opportunities for service necessary for members of the Armed Forces 1994 into law. In that act is the lan- on the basis of circumstances such as phys- involuntarily to accept living conditions and guage now codified into law that clear- ical condition, age, sex, parental status, edu- working conditions that are often spartan, cational background, medical history, and primitive, and characterized by forced inti- ly states the law of the land relative to mental attitude. . . . The fundamental pre- macy with little or no privacy. homosexuals serving in the military. It cept [is] that the rights of the individual (13) The prohibition against homosexual is the obligation of the Department of service member must be subordinated to the conduct is a longstanding element of mili- Defense to separate those who engaged needs of national defense. tary law that continues to be necessary in in, or have a propensity to engage in, And so in the instance, in the case the unique circumstances of military serv- homosexual conduct in the Armed where we formed our military, we do ice. Forces. Now, if the President wishes to (14) The Armed Forces must maintain per- not follow the same rules, the same sonnel policies that exclude persons whose reopen this debate, which I don’t be- civil rights, the same rights that are presence in the Armed Forces would create lieve he does, he can look at modifying available to Americans in other en- an unacceptable risk to the Armed Forces’ this law. But until that time, the ad- deavors because of the unique function high standards of morale, good order and dis- ministration has a constitutional duty S8146 CONGRESSIONAL RECORD — SENATE July 25, 1997 to uphold that law, regardless of what parks, because the park is seen, for the ple. These Alaskans do not have the pressure is politically applied upon the most part, by visitors on a cruise ship. convenience of supermarkets or strip administration by any one group or You might get an occasional candy malls. They deserve consideration and number of groups or any one individual wrapper blown overboard, but the ships respect. They deserve to have their his- or group of individuals. are very good at keeping their impact toric use recognized and provided for So I wanted to put this in the RECORD to a minimum. The point is, compared by this Congress. so there was no misunderstanding to impressions left in other national My bill also addresses commercial about what the Congress had done, parks by visitors, the footprint left by fishing in the park. For generations, what the President had signed into visitors who come to the park on a commercial fishermen caught salmon, law, and what the current law of the ship—and never get off—is extremely halibut and crabs in Glacier Bay and land is. This was the result of exten- small. That’s part of what makes the have fished the rich grounds of the out- sive—perhaps some of the most exten- park so unique—access by cruise ship. side coast as well. And there is no bio- sive—hearings the Senate Armed Serv- In any event, this bill reflects the logical reason, none whatsoever, for re- ices Committee has ever held. There progress of several years of discussion stricting commercial fishing activity were hundreds of witnesses, thousands with local interests and the Park Serv- anywhere in the park. The fishery re- of pages of testimony, site visits, testi- ice. The efforts, I think, are positive. sources are healthy, they are diverse, mony from people on all sides of the But we have been hampered from they are closely monitored by the issue, representing every perspective. achieving consensus by some groups State of Alaska Department of Fish This was a carefully fashioned conclu- who seem to be unwilling to com- and Game, and they are very carefully sion that was presented, approved by promise for reasons we can only guess regulated. It should also be noted that, the committee, presented to the Con- at—perhaps they don’t want to see of the park’s approximately 3 million gress and overwhelmingly approved by other visitors during that short sum- acres of marine waters, only about the Congress on a bipartisan basis, sent mer season. 500,000 are productive enough to war- Insofar as possible, this bill rep- to the White House and signed into law rant real, significant interest. by the President. resents an attempt to stake out some I think it would behoove the Presi- reasonable, responsible middle ground There are few anadromous streams in dent and the people speaking for him that would respect the wishes of all the park—that’s streams where the to understand clearly what this law is concerned. The issue of commercial salmon go up and spawn—because most and to fulfill their constitutional re- fishing is one where, historically, fish- of the fresh water that comes down sponsibilities to uphold the law and not ermen have plied the waters of Glacier comes down from the glaciers and make vague clarifications of state- Bay and the outer coast, the Gulf of there is simply no place for the salmon ments and policies simply because one Alaska area now included in the park, to spawn. or more particular group protested for over 100 years. Local Native villag- In any event, the fisheries are re- their particular position on the issue. ers, the Huna Tlingit people, have been stricted both as to method as in the I yield the floor. doing so for thousands of years. At no number of participants, and are care- f time have their activities damaged the fully managed and controlled to assure park or its resources, nor have they continued abundance. There is nothing GLACIER BAY MANAGEMENT harmed the area’s wild and scenic in the bill and there is no desire by the Mr. MURKOWSKI. Mr. President, I qualities in any way. Their presence fishing industry to change these con- have one more item, relating to legis- has provided a colorful backdrop to the trols or increase the level of this sus- lation addressing several important as- mystique of the park, as a matter of tainable activity. Alaska is a very pects of the administration and man- fact. This simple fact I don’t think can careful steward of its resources. Com- agement of Glacier Bay National Park be overemphasized. mercial fishing does not harm the envi- in my State of Alaska. To put it another way, commercial ronment in any way. In spite of what As many of you know, Glacier Bay fishing and local villagers have contin- you hear, Alaska fisheries are in very National Park, west of Juneau in ually fished in Glacier Bay since long good shape. We have had record runs 8 southeastern Alaska, has been named before it became a park or a monu- of the last 11 years. Under Federal as the No. 1 national park in our coun- ment. The fact that we value it so management, things got so bad there try’s National Park System. It is a highly today is proof that they have was one year when we only took 25 mil- unique tourist destination. It can only not had an adverse impact on the spe- lion salmon, but when we became a really be reached by cruise ship. The cies in the bay. Unfortunately, some State that began turning around. I season runs roughly from Memorial interests do not seem to be concerned think last year we put up 218 million. Day to Labor Day, the season for the about fairness, or the obligation to the That’s because we don’t open our sea- cruise ships that visit southeastern Native people of Alaska, and would like son until we have had adequate Alaska. to see fishing and gathering banned, no escapement, that is, enough fish to go For the most part, these are the matter how environmentally benign or up the streams to spawn so that we are same ships that traverse the Caribbean how critical to the local livelihoods it guaranteed renewability of the re- in the wintertime, then move to Van- may be. source. couver, BC, in order to sail to Alaska On subsistence, this bill corrects in- in the summer. There are probably 30 consistencies in the Alaska National So, in the grand scheme of things, ships. I believe the number of tourists Interest Lands Conservation Act, and recognizing consideration of the who visit Alaska by cruise ship is known as ANILCA. Villagers living Nation’s economy, these fisheries are somewhere in the area of 600,000 in that near Glacier Bay, whose ancestors have small potatoes. But to the fishermen, short 90-day period. used the bay continually for at least the natives who depend upon them, to Because of the popularity of this 9,000 years, must be allowed to con- the families of small remote commu- unique tourist destination, the legisla- tinue to use the bay’s resources to feed nities in which they live, these fish- tion I have introduced would encourage their families, to fish for halibut, salm- eries are of the utmost importance. the continuation of the Park Service’s on, crabs, collect clams, seaweeds, ber- They are harm free. And those who ongoing efforts to work with conces- ries, and other foods that are part of partake in them deserve this Govern- sion operators to try to improve visitor their traditional culture. ment’s help, not the destruction of services, as well as deal fairly and fi- Let me emphasize, we are talking their simple lifestyle. nally with the longstanding dispute about a relative handful of families— This bill authorizes traditional fish- over the status of the commercial and most from the local Native village of ing throughout the park for subsist- subsistence fishing that has gone on in Hoonah, which has a population of ence users as well as historical com- that park from time immemorial. about 900 or so, and a few people from mercial activities. However, because The footprint that any of these ac- other nearby communities such as there are special, sensitive areas inside tivities leaves in this park is pretty in- Elfin Cove, Gustavus, and Pelican. We Glacier Bay itself, it also designates significant in relationship to other are not talking about thousands of peo- the waters inside the bay as a special July 25, 1997 CONGRESSIONAL RECORD — SENATE S8147 reserve, in which a joint team of Fed- Daschle estimated there are 30 ambassa- ball, baseball, or checkers, and that eral and State scientists will make rec- dorial nominations awaiting action for coun- game has, no doubt, been played in the ommendations on where fishing should tries that, according to a Senate list, include Senate for as long as there has been a occur and at what level. Britain, France, Canada, Saudi Arabia, Senate. In it, you win some, you lose Bosnia and, as of Tuesday, Mexico. A further special provision is also in- some, and, as the saying goes, some are cluded in one area where there is sig- This is ill-placed and irresponsible rained out. It has been suggested from nificant potential for conflict between criticism and does not serve the effi- time to time that maybe a time or two fishermen and certain limited non- cient management of these nomina- I have played a little bit of it myself, motorized uses, such as kayaking, dur- tions. I read the article while I was and I plead nolo contendere to the sug- ing the brief 3-month summer period. conducting a hearing that we had hur- gestion. ried to deal with the nomination of the This area is in the Beardslee Islands, But the game, it seems to me, that Ambassadors for Guyana and Para- near the entrance of the bay. Under the distinguished minority leader, Mr. guay. I have just left a meeting with this bill, the only commercial fishing DASCHLE, has been playing of late has the potential nominee for Ambassador that would be allowed in the Beardslees sometimes been marked by a rather in- to France, and I spent the better part would be crab fishing, and that only in teresting degree of misstatements of of the last month doing everything we a very small area, by a very small fact—unintentional, I’m sure—and cu- might do to get our Ambassador to number of people who historically are rious conclusions. That, too, has not Canada, which, I might add, has been dependent on this fishing—less than a been unknown heretofore in the his- without an ambassador for over a year dozen people. This would only include tory of the Senate. And I do not sug- and a half. We just received the nomi- people who can show both a significant gest that the minority leader’s nation for that Ambassador on July 2— history of participation and a real de- misstatements or insinuations are de- July 2—of this year. The vacancy pendence on that fishery for their live- liberate, and I am willing to assume began in April 1996—Canada. And there lihoods. This privilege could be trans- that his errors are accidental and unin- have been extended vacancies in Ger- ferred to one successor, when the origi- tentional. nal fisherman retires, but will cease many, Moscow, et cetera. To clarify, this year, we have had 56 Just the same, my observations this after that. And at any point the Park nominations received by the Foreign afternoon are based on my incredulous Service could eliminate all fishing in Relations Committee; 14 have been reaction early this morning when I the Beardslees with a fair payment to confirmed, 9 are pending on the Execu- read an article in the Washington Post, the individual fisherman. tive Calendar; 33 are pending in the page A21, under a headline reading The reason for such a special rule in ‘‘Confirmation Process Frustrates the Beardslees is simply that these committee. That sounds like a lot. But the issue is, 26 of the 44 we have just re- President.’’ That was, of course, Mr. fishermen have no other option than Clinton, with whom Senator DASCHLE fishing in the Beardslees, due to the ceived in the last month. I repeat, there are 44 pending in the committee; says he met this past Wednesday night. small size of their vessels and their re- It indicates that Senator DASCHLE con- liance on this one fishery, and a few 26 of them we have just gotten. The problem here is not in the Sen- fided to the Washington Post’s very other factors. ate, nor is it in the Foreign Relations competent reporter, Helen Dewar, So this bill will not contribute to any Committee. The problem with ambas- that—and I quote from Ms. Dewar’s increase in fishing. In fact, over time sadorial nominations is at the other story—‘‘The President . . . expressed the opposite may occur. It will simply end of Pennsylvania Avenue. probably the highest level of exaspera- provide for the scientifically sound I point out that Tokyo has been va- tion I’ve heard him express on the sub- continuation of an environmentally be- cant since December, and we have no ject, Daschle said, making clear that nign activity. Finally, I think it’s im- nominee. South Korea has been vacant he (Senator DASCHLE) shares Clinton’s portant also to note that the continu- since December, and we have no nomi- frustration.’’ ation of both subsistence and commer- nee. These are not just incidental rela- Further, according to Ms. Dewar’s re- cial fishing enjoys wide support from tionships, I might add. We are talking port, ‘‘[Senator] Daschle estimated local residents of Southeastern Alaska, about Japan and South Korea. that there are 30 ambassadorial nomi- including environmental groups such So, Mr. President, I think those were nations awaiting action for countries as the Southeastern Alaska Conserva- unfortunate words, and they paint an that, according to a Senate list, in- tion Council. improper and inappropriate picture, clude Britain, France, Canada, Saudi I look to my colleagues for support and they do not help anything. I as- Arabia, Bosnia, and, as of Tuesday, on the merits of the bill. sume they are just ill-informed. But Mexico.’’ Mr. President, I see no other Sen- when you are going to make accusa- ators in the Chamber. I suggest the ab- Well, Mr. President, if Mr. Clinton tions of this kind, and you are the and Mr. DASCHLE are suffering their sence of a quorum. President of the United States, the The PRESIDING OFFICER (Mr. ‘‘highest levels of exasperation,’’ and if word travels far. I think it would be the President uttered the ‘‘choice ALLARD). The clerk will call the roll. more prudent to have your own de- The legislative clerk proceeded to words’’ attributed to him by Senator scription of the condition before you DASCHLE regarding the work of the call the roll. start hurling spears, because this kind Mr. COVERDELL. Mr. President, I Senate’s Foreign Relations Committee, of thing only confuses the process and then I suggest that both gentlemen dis- ask unanimous consent that the order makes the work of both the Senate and for the quorum call be rescinded. mount their high horses, examine the the administration much more com- true facts, and correct their joint The PRESIDING OFFICER. Without plicated. objection, it is so ordered. misstatements about the excellent Mr. President, I yield the floor and work of the Foreign Relations Commit- f suggest the absence of a quorum. tee, which I have the honor of serving The PRESIDING OFFICER. The NOMINATIONS as chairman, with Senator JOE BIDEN clerk will call the roll. as the ranking member. Mr. COVERDELL. Mr. President, we The legislative clerk proceeded to had a very unfortunate story appear in call the roll. What the President is purported to the Washington Post this morning by Mr. HELMS. Mr. President, I ask have implied—and Mr. DASCHLE says he Helen Dewar. unanimous consent that the order for agrees with it—is nonsense, I say re- The first paragraph: the quorum call be rescinded. spectfully; it is nonsense regarding the President Clinton had ‘‘some choice The PRESIDING OFFICER. Without work and cooperation of the staff of words’’ about the pace of Senate action on objection, it is so ordered. the Senate Foreign Relations Commit- administration nominations during a f tee, of which Adm. ‘‘Bud’’ Nance is the Wednesday night meeting with Senate Chief of Staff. Bud Nance is among the Democrats. AMBASSADORIAL NOMINATIONS top chiefs of staff ever to serve the And then it quotes our distinguished Mr. HELMS. Mr. President, partisan Senate’s committees, and I believe Mr. minority leader: politics, I guess, is a game like foot- Clinton’s State Department will join S8148 CONGRESSIONAL RECORD — SENATE July 25, 1997 me in that assessment of the commit- putes with Canada, ranging from the sible—nomination about which I had tee staff members, both majority and Pacific Northwest to Cuba, and the po- and still have a problem. I have tried minority. sition to Ambassador to Canada was to be as candid and up front about my Now, let’s look at some specific vacant—not the responsibility of the position regarding that nomination things and respond to the President Foreign Relations Committee, but of since long before the nomination was with what the actual facts are. the White House—the White House—for made. When? Just this past week. First, Thomas Pickering left the po- more than a year. I feel that it will be useful to have sition of Ambassador to Russia on No- Fifth, the post of United States Am- the CONGRESSIONAL RECORD reflect the vember 1, 1996. The Foreign Relations bassador to France has been vacant specific names, dates, and places in- Committee received the nomination of since the death of Ambassador Pamela volved in diplomatic nominations. James Collins to succeed Tom Picker- Harriman. She died on February 5 of Therefore, I ask unanimous consent, ing 7 months later, on June 2, 1997. Let this year. And then, after that, there since I have discussed several specific me just remind anybody who may be was a month-long public battle be- nominations, the entire list be printed interested that Russia is selling sophis- tween several of President Clinton’s in the RECORD. ticated weaponry to terrorist states, political supporters and a career For- There being no objection, the list was such as Iran, and Russia barely main- eign Service officer who wanted the ordered to be printed in the RECORD, as tains control of its 20,000 warhead nu- post, and the President finally selected follows: clear arsenal. Now, by Mr. Clinton’s one of the substantial donors to the CLINTON ADMINISTRATION NOMINATIONS—JULY own choice, the position of Ambassador Democratic Party for this position. 25, 1997 to Russia went vacant for 7 months. We Now, that is not unusual. The point is HEARINGS HAVE BEEN SCHEDULED that all this time elapsed. It was not didn’t get a piece of paper from the James W. Pardew, Jr., (NC) for rank of White House. When we did get the nom- the Foreign Relations Committee Amb as U.S. Special Representative for Mili- ination, we expedited the hearing proc- staff’s fault. It was the White House’s tary Stabilization in the Balkans—referred 5/ ess for this nomination, and we are pre- fault. Mr. DASCHLE is bound to have 20; file complete 6/18; hearing scheduled for 7/ pared to send it to the full Senate— known that. 29. that is, the nomination of James Col- Let me say that the French leaders Anne Marie Sigmund (C) to be Amb to lins —next week. have opposed the United States on al- Krygzy Republic—referred 6/26; file complete Second, Charles Redman left the po- most every foreign policy decision re- 7/22; hearing scheduled for 7/29. Keith C. Smith (C) to be Amb to Lithua- sition of Ambassador to Germany on garding United States-European rela- tions, but by President Clinton’s nia—referred 6/26; file complete 7/22; hearing June 20, 1996, over a year ago. The For- scheduled for 7/29. eign Relations Committee received the choice, the position of Ambassador to Richard D. Kauzlarich (C) to be Amb to nomination of John Kornblum for this France, nevertheless, was vacant for Bosnia & Herzegovina—referred 7/8; file com- position on May 22 of this year, 1997. just about 6 months. plete 7/22; hearing scheduled for 7/29. Now, Mr. President, Germany is the The committee again has scheduled a Daniel V. Speckhard (C) to be Amb to most powerful country in Europe and is hearing to consider the nomination Belarus—referred 6/26; file complete 7/22; hearing scheduled for 7/29. central to virtually every decision next Tuesday, less than a week after made by our European allies. By the the papers got up to us from the White HEARINGS TO BE SCHEDULED White House’s own choice, don’t you House. So who is delaying all of these Wyche Fowler, Jr., (NC) to be Amb to the see, the position of Ambassador to Ger- nominations, Mr. President? I think Kingdom of Saudi Arabia—referred 2/25; file complete 3/6; hearing to be scheduled. many was vacant for almost a full the facts speak for themselves. Then there is the nomination of Phil- Richard W. Bogosian (C) for rank of Amb year. The committee scheduled a hear- ip Lader. I believe it came on July 22, as Special Coordinator for Rwanda/Burundi— ing after finally getting the papers on just a few days ago. The committee has referred 1/9; file complete 2/4; hearing to be the nomination of Mr. Kornblum, and scheduled. (Left pending on Executive Cal- immediately scheduled a hearing for we are prepared to send the nomination endar at end of 104th Congress.) Mr. Lader for next Tuesday, less than a to the Senate next week. Brian Dean Curran (C) to be Amb to Mo- week after receiving this nomination. Third, John Menzies left the position zambique—referred 4/16; file complete 4/22; Seventh, the President has yet to of Ambassador to Bosnia in December hearing to be scheduled. name ambassadors for Japan and South Susan E. Rice (NC) to be Assistant Sec- 1996. The Foreign Relations Committee Korea. Now, these Embassies have been retary of State for African Affairs-referred 6/ received the nomination of Richard minus ambassadors since the end of 12; file complete 6/20; hearing to be sched- Kauzlarich on July 8, 1997, just a couple last year, nearly 8 months—not the uled. of weeks ago. Now, it was the White fault of the Foreign Relations Commit- Timberlake Foster (C) to be Amb to Is- House’s choice that the position of Am- tee, not the fault of the Senate, not the lamic Republic of Mauritania—referred 6/11; bassador to Bosnia was vacant for more file complete 6/24; hearing to be scheduled. fault of anybody in the Senate, but the Amelia E. Shippy (C) to be Amb to Repub- than 8 months before we got a scrap of White House. paper from the White House in the For- lic of Malawi—referred 6/11; file complete 6/ Let me reiterate and emphasize that 24; hearing to be scheduled. eign Relations Committee. Of course, there has been a high degree of co- Donna Jean Hrinak (C) to be Amb to Bo- thousands of American soldiers have operation between the State Depart- livia—referred 7/8; file not complete 7/22; been kept in Bosnia for 8 months, but ment and the Senators who serve on hearing to be scheduled. for 8 months the White House has de- the Foreign Relations Committee and, FILES NOT COMPLETE layed sending the nomination of the I might add, between the excellent Stanley A. Riveles (C) for the rank of Amb successor, Mr. Kauzlarich. The com- staff of the committee and the State during his tenure of service as U.S. Commis- mittee, again, has scheduled a hearing Department staff. I think that the co- sioner to the Standing Consultative Commis- to consider this nomination. We are operation between the various entities sion—referred 1/30; file not complete. prepared to send it to the Senate next has been remarkable and unheard of for Nancy Jo Powell (C) to be Amb to Republic week. several years prior to this year and last of Ugandas—referred 6/11; file not complete (in w/Patti for review). Fourth, James Blanchard left the po- year. In fact, we have done our best to sition of Ambassador to Canada in Martin Indyk (NC) to be Assistant Sec- work with and consult with the White retary of State for Near Eastern Affairs—re- April 1996, over a year ago. The Foreign House. ferred 6/23; file not complete (in w/Patti for Relations Committee received the Therefore, statements made by Sen- review). nomination of Gordon Griffin on June ator DASCHLE are not acceptable. To Curtis W. Kamman (C) to be Amb to Co- 26, 1997. The Foreign Relations Com- the extent that the President has stat- lombia—referred 6/26; file not complete (in w/ mittee held a hearing on July 15, after ed or has implied that any lag in the Patti for review). we had gotten all of the papers pre- ambassadorial nomination process is Felix G. Rohatyn (NC) to be Amb to pared, and reported his nomination to France—referred 7/17; file not complete. the fault of the Senate Foreign Rela- Philip Lader (NC) to be Amb to United the full Senate on July 17, where it is tions Committee, I have to say, no, sir; Kingdom of Great Britain & Northern Ire- pending on the Executive Calendar of you are wrong. land—referred 7/22; file not complete. the Senate. The United States is en- Some time back the White House Harold C. Pachios (NC) to be Member, U.S. gaged in foreign policy and trade dis- publicly identified a possible—a pos- Advisory Commission on Public Diplomacy July 25, 1997 CONGRESSIONAL RECORD — SENATE S8149 for term exp 7/1/99 (reappointment))referred John C. Holzman (C) to be Amb to People’s During his 34 years on the Court, Jus- 7/22; file not complete. Republic of Bangladesh—referred 6/11; file tice Brennan did not waiver in his con- William F. Weld (NC) to be Amb to Mex- complete 6/24; hearing held 7/10. Helms’ ques- victions, speaking out in his opinions ico—referred 7/23; file not complete. tions (3) sent down 7/11; reply recv’d 7/16. Re- and in public on the most important NOMINATIONS THAT COULD BE PLACED ON BUSI- ported 7/17. moral issues of the day. His deeply held NESS MEETING AGENDA IF NO OBJECTIONS Linda Jane Zack Tarr-Whelan (NC) for HEARD rank of Amb as U.S. Representative to the beliefs and carefully crafted judicial Marc Grossman (C) to be Assistant Sec- Commission on the Status of Women of the opinions have had a profound influence retary of state for European and Canadian Economic & Social Council of the United Na- upon us all. Affairs—referred 5/22; file complete 6/18; tions—referred 4/15; file complete 6/18; hear- Along with his distinction as a jurist, hearing held 7/15. Wellstone questions (6) ing held 7/15. Reported 7/17. Justice Brennan was well known for sent down 7/16; no reply. Helms’ questions (4) Richard Sklar (NC) to be US Rep to the UN his warmth and good humor, and he FAX’d 7/18; no reply. for UN Management and Reform, w/rank of had friends from all parts of the politi- Amb—referred 5/6; file complete 6/18; hearing Stephen R. Sestanovich (NC) to be Amb at cal spectrum. I know that I speak for Large & Special Adviser to the Secretary of held 7/15. Reported 7/17. State for the New Independent States—re- A. Peter Burleigh (C) to be Deputy U.S. all of us in saying that he will be ferred 6/19; file complete 6/20; hearing held 7/ Representative to the UN, w/rank of Ambas- missed. 15. Helms’ questions (7) FAX’d 7/18; no reply. sador—referred 5/20; file complete 6/18; hear- f John C. Kornblum (C) to be Amb to Fed ing held 7/15. Reported 7/17. Rep of Germany—referred 5/22; file complete David J. Scheffer (NC) to be Amb at Large TRIBUTE TO JUSTICE WILLIAM J. 6/18; hearing held 7/15. Helms’ questions (2) for War Crimes Issues—referred 5/22; file BRENNAN, JR. FAX’d 7/18; no reply. complete 6/18; hearing held 7/15. Feinstein Mr. LAUTENBERG. Mr. President, it James F. Collins (C) to be Ambassador to questions (12) transmitted 7/15; reply re- is with a sad and heavy heart that I the Russian Federation—referred 6/2; file ceived 7/23. Reported 7/17. rise to pay tribute to a great American complete 6/20; hearing held 7/15. Helms’ ques- Gordon D. Giffin (NC) to be Amb to Can- tions (2) sent down 7/18; no reply. ada—referred 6/26; file complete 7/7; hearing and New Jerseyan, Justice William J. Stanley O. Roth (NC) to be Assistant Sec- held 7/15. Questions (5) sent down to State 7/ Brennan, Jr., who passed away yester- retary of State for East Asian & Pacific Af- 16; reply recv’d 7/17. Reported 7/17. day at age 91. The thoughts and pray- fairs—referred 5/22; file complete 6/18; hear- NOTICE OF INTENT TO NOMINATE ers of all the people of our State and ing held 7/22. Questions all submitted 7/23: country are with his wife Mary, his Wellstone (7); no reply. Ashcroft (5); no Lange Schermerhorn (C) to be Amb to Djibouti—7/9/97. three children William J., III, Hugh, reply. Feingold (6); no reply. Helms (8); no and Nancy, as well as his seven grand- reply. Lugar (4); no reply. Biden (16); no Victor Marrero (NC) to be US Rep to Orga- reply. nization of American States, w/rank of children. Bonnie R. Cohen (NC) to be Under Sec- Amb—7/15/97. Mr. President, during nearly 34 years retary of State for Management—referred 5/ George E. Moose (C) to be US Rep to Euro- on the Supreme Court, Justice Brennan 23; file complete 6/18; hearing held 7/24. pean Office of the UN, w/rank of Amb—7/16/ had an enormous impact on this Na- James P. Rubin (NC) to be Assistant Sec- 97. tion’s constitutional jurisprudence. retary of State for Public Affairs—referred 5/ Mr. HELMS. Mr. President, I know I Justice Brennan was a consistent 23; file complete 6/18; hearing held 7/24. have delayed the recess of the Senate champion of freedom of expression, of Edward William Gnehm, Jr., (C) to be Di- this afternoon. For that I apologize. I rector General of the Foreign Service—re- strict separation of church and state, ferred 4/28; file complete 7/21; hearing held 7/ suggest the absence of a quorum. and of equality for the poor, racial mi- 24. The PRESIDING OFFICER. The norities, and women. In fact, he was a David Andrews (NC) to be Legal Adviser of clerk will call the roll. life-long defender of the freedoms of all the Department of State—referred 6/11; file The legislative clerk proceeded to Americans. complete 7/19; hearing held 7/24. call the roll. William Brennan’s life was truly the Wendy R. Sherman (NC) to be Counselor of Mr. HELMS. Mr. President, I ask the Department of State, with rank of Amb epitome of the American Dream. He during tenure of service—referred 6/26; file unanimous consent that the order for was born in Newark, NJ, on April 25, complete 7/21; hearing held 7/24. the quorum call be rescinded. 1906, the second oldest of the eight chil- George Munoz (NC) to be President, Over- The PRESIDING OFFICER. Without dren of an Irish immigrant who started seas Private Investment Corporation—re- objection, it is so ordered. as a laborer but rose through the ranks ferred 6/26; file complete 7/21; hearing held 7/ f to become an important labor leader 24. Wellstone questions (5) FAX’d 7/24; no and the city’s commissioner of public reply. SUPREME COURT JUSTICE safety. ‘‘Everything I am,’’ the justice James F. Mack (C) to be Amb to Guyana— WILLIAM BRENNAN referred 6/26; file complete 7/24; hearing held later wrote, ‘‘I am because of my fa- 7/25. Mr. DASCHLE. Mr. President, it is ther.’’ Maura Harty (C) to be Amb to Paraguay— with great sadness that we mark the He was an outstanding student at referred 6/26; file complete 7/24; hearing held passing of William Brennan, who Barringer High School in Newark. He 7/25. served so ably on the U.S. Supreme then went on to study at the Univer- NOMINATIONS PENDING ON EXECUTIVE Court. sity of Pennsylvania’s Wharton School CALENDAR Appointed by President Dwight Ei- of Finance and Commerce. He was Jeffrey Davidow (C) to be a Member of the senhower in 1956, the New Jersey judge graduated with honors and won a Board of Directors of the Inter-American soon rose to a position of intellectual scholarship to the Harvard Law School, Foundation for a term expiring September leadership on the Court. Even his crit- 20, 2002—referred 1/21; file complete 3/27; sent from which he received a degree in 1931. out by memo dated 3/27. Reported 5/8. ics acknowledge that he has exercised a Upon graduation, Bill Brennan em- Marilyn E. Hulbert, a Career Member of fundamental influence on the direction barked upon a successful and distin- the Foreign Service of the U.S. Information of American jurisprudence. He wrote guished career in private legal prac- Agency, for promotion into the Senior For- almost 1,400 opinions and helped shape tice. He later served his country by en- eign Service to Class of Counselor. Reported countless others, providing guidance on tering active military service in 1942, 7/17. issues from civil liberties, race rela- eventually becoming a colonel and FSO Promotion List, Swallow et al.—re- tions and privacy to criminal justice, troubleshooter for Army procurement. ferred 4/25; file complete 7/16; (sent out by memo dated 6/20). Reported 7/17. economic fairness, and governmental After returning from the war, he Ralph Frank (C) to be Amb to the Kingdom power. quickly emerged as a leader of the New of Nepal—referred 6/11; file complete 6/18; Justice Brennan believed deeply that Jersey bar, particularly his involve- hearing held 7/10. Helms’ questions (1) sent law must protect human dignity and ment in New Jersey’s court reform down 7/11; reply recv’d 7/16. Additional that the Founding Fathers recognized movement under a nationally re- Helms’ questions (3) sent down 7/14; reply that principle when they drafted our nowned Chief Justice Arthur Vander- recv’d 7/16. Reported 7/17. Constitution. He saw the Constitution bilt. His talents were widely recognized Karl F. Inderfurth (NC) to be Assistant Secretary of State for South Asian Affairs— as a guarantee that our fundamental in the legal community, leading to his referred 6/11; file complete 6/24; hearing held rights cannot be diminished or denied appointment to the New Jersey trial 7/10. Helms’ questions (25) sent down 7/11; simply because that is the will of the bench, from which he rapidly ascended reply recv’d 7/16. Reported 7/17. majority. to the State supreme court. S8150 CONGRESSIONAL RECORD — SENATE July 25, 1997 Mr. President, it was during this ten- geously joining a union in an era when This is a particularly timely effort ure on the New Jersey court that Jus- to do so could cost a man his liveli- because the code of conduct is a part of tice Brennan first gained national at- hood, if not his life. Brennan grew up the version of the State Department tention. He was one of the first public on a house that knew the meaning of authorization bill approved by the figures to take on the infamous Sen- layoffs and discrimination. He instinc- House of Representatives, a bill that is ator Joseph McCarthy and the excesses tively identified with the disadvan- now in conference between the House of the McCarthy-era. taged and the dispossessed. and the Senate. I hope that by intro- Specifically, in one famous speech at Justice Brennan himself revealed the ducing this bill we will encourage our the Monmouth County Rotary Club, he secret of his unfailing humanity, com- Senate colleagues on the conference boldly referred to certain congressional passion and passion for individual free- committee to support the House provi- inquiries as modern counterparts to dom. He wrote that he always focused sion. the Salem witch trials, sentiments on the people behind the cases, always THE UNITED STATES LEADS IN ARMS SALES very much ahead of his time. aware that the case before the Court This bill is also particularly timely After 8 years as a State judge, 4 on was there because of ‘‘a person who because the end of the cold war has the State supreme court, Bill Brennan cried out for nothing more than com- propelled the United States to the rank mon human dignity. In each case, our was nominated by President Dwight D. of the world’s leading arms supplier. Constitution intervened to provide the Eisenhower in 1956 to be an Associate During the last decade, U.S. arms cloak of dignity.’’ Justice of the Supreme Court of the sales have taken off. We now deliver 56 United States. Justice Brennan served Mr. President, through it all, Justice Brennan remained universally liked, percent of all the world’s arms exports, on the Nation’s highest court for 34 according to the Arms Control and Dis- years before poor health forced him, at even adored, by colleagues, law clerks, Court personnel, and virtually every- armament Agency. And in 1994 the age 84, to retire in 1990. His tenure United States supplied 43 percent of all spanned those of eight Presidents. In one who came in contact with him. He was always described as warm, gra- weapons sold to the developing world the High Court’s history, only William —the countries who can least afford O. Douglas wrote more opinions. cious, and utterly without pretense. I had the privilege and the honor to arms. We ranked first in arms ship- In fact, Justice Brennan’s own con- ments to developing nations from 1992 firmation as an Associate Justice of get to know Bill Brennan on a personal level. Although it was late in his ten- to 1995. the U.S. Supreme Court was opposed by These countries have urgent domes- some because of views that he had ex- ure on the bench, he was remarkably alert, witty and warm, and I greatly tic challenges, such as advancing pub- pressed about McCarthyism—the lic health, controlling disease, and speeches that later caused Senator enjoyed our conversations. Mr. President, Bill Brennan’s char- achieving food self-sufficiency. Yet we McCarthy to be the lone dissenting acter, personality, and intellect were are catering to their governments’ ap- vote to President Eisenhower’s nomi- perfectly matched, each so unique so as petite for the latest in high-technology nation of Brennan to our Nation’s High to be totally unforgettable. weaponry. Court. Despite the brevity of our personal OUR CUSTOMERS ARE UNSAVORY Mr. President, it is not his remark- relationship, every meeting that we able life or long tenure on the bench It is bad enough that these govern- had—perhaps a half-dozen in all—left ments have better things to do with that made William Brennan a towering me feeling like I had just seen a life- figure in our Nation’s history. Rather, their money than to buy American long friend. weapons. Still worse is what these gov- his true legacy is the preservation and He stood for so much that he helped expansion of the individual rights all ernments do with our weapons once me stand taller for those I serve. Know- they receive them. Americans enjoy today. He was, in ing him was one of my life’s most short, our country’s strongest cham- According to the State Department’s treasured experiences. I deeply regret own human rights reports, more than pion of the individual. that our paths will not cross again. A recent survey of 96 scholars listed 75 percent of U.S. arms sales in 1993 In a tribute to Justice Brennan, his went to governments that were un- Justice Brennan as fifth in the list of colleague Justice Byron White once re- all-time great Justices of the U.S. Su- democratic. And we supply aid to 72 membered that Bill Brennan’s creed percent of the countries that the State preme Court. Ahead of him ranked only was that a judge should proceed with John Marshall, Oliver Wendell Holmes, Department lists as authoritarian gov- ‘‘a sparkling vision of the supremacy of ernments with serious human rights Jr., Earl Warren, and Louis Brandeis. the human dignity of every individ- Justice Brennan crafted many land- abuses. ual.’’ Recent history tells a disturbing mark decisions associated with the Mr. President, that majestic state- Warren Court of the late 1950’s and story of American weapons feeding eth- ment is a fitting tribute to the life and nic conflict and instability around the 1960’s. His ruling led to the one-person, work of Justice William J. Brennan, one-vote principle of political reappor- globe. Of 48 ethnic conflicts underway Jr. in 1993, 39 involved forces that had U.S. tionment, and empowered everyday f citizens to use the courts to fight city weaponry. Indonesia used American hall. SUPPORT THE ARMS TRANSFERS weapons to occupy East Timor ille- In more than 1,200 opinions, Justice CODE OF CONDUCT gally, and Turkey used F–16 fighters in Brennan defined obscenity and broad- Mr. DORGAN. Mr. President, I rise in bombing raids against Kurdish rebels. ened the rights of any person—includ- support of the bill introduced just yes- Countries that have cracked down on domestic dissent using U.S. arms in- ing the poor, mentally handicapped, or terday by Senator KERRY of Massachu- imprisoned—to seek redress against setts, the code of conduct on arms clude Thailand, Indonesia and Guate- the Government through the courts. He transfers. mala. also gave news organizations first Many of our colleagues will recall We are literally giving repressive re- amendment protections in libel law- that Senator HATFIELD was the leader gimes the means by which they main- suits. on this issue prior to his retirement tain themselves in power. We must During the Berger and Rehnquist last year. He introduced this bill as S. break ourselves of this habit. years, he continued to champion the 1677 in the 103d Congress and S. 326 in THEY RESELL THE WEAPONS WE GIVE THEM Bill of Rights and the 14th amendment. the 104th Congress. I cosponsored both And what if these unsavory cus- In all of his opinions and dissents, lib- bills, and I was pleased to offer the tomers resell the weapons we send erty and equality were his bywords. code of conduct as an amendment to them? The answer is disturbing. We Historian David Halberstam de- last year’s foreign operations appro- have too little effective control over scribed the source of Justice Brennan’s priations bill. what happens to our weapons once they greatness. William Brennan, he wrote, I am delighted that the Senator from leave our hands. The classic example of never forgot where he came from. He Massachusetts is showing his usual this is the Stinger missile, a highly never forgot his immigrant father leadership on arms control issues by portable, shoulder-launched anti-air- shoveling coal for a living, coura- authoring this bill in this Congress. craft missile. July 25, 1997 CONGRESSIONAL RECORD — SENATE S8151 Stingers are actually very available threat, and we had no business arming It is important to note that if the on the international arms market. We such a hated dictatorship. Yet we did it U.S. Congress were to approve the sent about 1,000 Stingers to Afghan anyway. code, the European Union would likely rebels during the 1980’s. However, since Mr. President, that is why we need follow. The United States and the Eu- the departure of Soviet forces from Af- the arms transfers code of conduct. We ropean Union between them account ghanistan, the Afghan factions have need to exercise self-restraint in the for at least 75 percent of the inter- been using Stingers to raise money and international arms bazaar. national arms market each year. Codes barter for other weapons for their civil CODE OF CONDUCT A COMMONSENSE APPROACH of conduct for American and European war. The Code of Conduct on Arms Trans- arms sales would go far toward estab- The CIA was so alarmed by this trend fers Act is a commonsense approach to lishing a worldwide conventional arms that it began a program to buy Sting- conventional arms control. It aims to sales regime. ers back from the Afghan rebels. But block the arms trade boomerang, to That is what Oscar Arias, Elie this program met with limited success, prevent us from arming the wrong gov- Wiesel, the Dalai Lama, and 12 other since the result was that the price that ernments and to put a lid on ethnic Nobel Peace Prize winners are working Stingers could command on the inter- conflict and instability. towards. A number of delegations to national arms market doubled or tre- In brief, the code would establish cri- the United Nations, Germany’s fore- bled. teria for governments to be eligible for most among them, have been working And the CIA’s efforts came too late. U.S. military assistance or arms trans- toward a U.N. General Assembly vote Media reports suggest that Iran, Libya, fers. To be eligible, a government on a code of conduct. This is an inter- and North Korea now have Stinger mis- must: national campaign, but it needs Amer- siles. These are the rogue states that First, promote democracy through ican leadership to succeed. pose the most immediate threat to our fair and free elections, civilian control Last year the Senator from Massa- security and that of our allies. of the military, the rule of law, free- chusetts offered a second-degree OUR ARMS BOOMERANG AGAINST US dom of speech and of the press, and amendment to my Code of Conduct Mr. President, if those Stingers are strong civil society; amendment making this very point. ever used against us, the missiles we Second, respect human rights by not The code of conduct must be a multi- shipped abroad will have come full cir- engaging in gross violations of inter- lateral effort for it to succeed. Other- nationally recognized human rights; cle. It will be another example of what wise, our defense firms will simply see Third, observe international borders, is known as the arms trade boomerang, foreign defense contractors grab our and not be engaged in armed agression market share. the tragic pattern of our troops facing in violation of international law; and enemies armed with U.S. weapons and LET US SET A STANDARD THE WORLD CAN Fourth, participate in the U.N. con- FOLLOW technology. ventional arms registry, which pro- The last four times American troops In summary, I would like to con- vides transparency to the world arms gratulate the Senator from Massachu- have seen significant combat—in Pan- market by listing major arms sales and ama, Iraq, Somalia, and Haiti—our setts for his leadership on this matter. transfers. With his usual vision on arms control weapons and military know-how There are two exemptions for coun- boomeranged against us. matters, has grasped a fundamental tries that do not meet these criteria. point. We must try to extend the con- For example, in the 5 years before First, the President could determine our occupation of Panama to bring cept of arms control to the inter- that an emergency exists, and that it is national conventional arms market. druglord Manuel Noriega back to the vital in the emergency to provide arms United States for trial, the United The code of conduct is the right legis- and military aid to a government that lation for a world that has seen the end States accounted for 44 percent of Pan- does not meet all of the above criteria. ama’s arms imports. From 1950 through of the cold war. This determination would waive the Passing the code of conduct bill will 1987, we also trained 6,700 Panamanian act’s restrictions and enable the arms help us save taxpayer dollars, protect military officers under the Pentagon’s shipment or military aid to go forward. the lives of American troops, prevent International Military Education and Alternatively, the President could re- American weapons from going to re- Training Program. quest an exemption from the Congress, pressive regimes, and safeguard inno- Worse than the Panama example is certifying that it is in national inter- cent civilians from military violence. the fact that international arms mer- est of the United States to provide Let us set a standard the world can chants sold Iraq $400 million in United arms or military aid to a government follow. Let us show the European States-designed cluster bombs plus our that does not meet all of the above cri- Union that we can exercise restraint— technology for manufacturing howit- teria. That exemption would take ef- that we will not sell conventional arms zers. We apparently intended the clus- fect unless the Congress passes a law to any government that asks for them. ter bombs to be used against Iranian disapproving the request. Once America leads, the nations will ‘‘human wave’’ attacks during the I believe that these two exemptions— follow—to a safer world, for all of us. Iran-Iraq war. Fortunately, our control the emergency waiver and the national f of the airspace over Iraq during the security waiver—provide the President Persian Gulf war meant that these with appropriate flexibility. THE VERY BAD DEBT BOXSCORE cluster bombs were never used against AMERICAN LEADERSHIP NEEDED Mr. HELMS. Mr. President, at the American troops. Lastly, I would note that the code of close of business yesterday, Thursday, We sold Somalia 4,800 M–16 rifles, 84 conduct concept is an international ef- July 24, 1997, the Federal debt stood at 106-millimeter recoilless rifles, 24 ma- fort that requires American leadership. $5,368,881,340,728.99. (Five trillion, three chine guns, 75 81-millimeter mortars, The worldwide effort to control arms hundred sixty-eight billion, eight hun- and land mines—the kind of weapons sales needs a positive sign from the dred eighty-one million, three hundred that Mohammed Farah Aideed’s U.S. Senate in order to come to fru- forty thousand, seven hundred twenty- technicals would later use to kill 23 ition. eight dollars and ninety-nine cents) American soldiers. From 1985 to 1989, The newly elected Labor government One year ago, July 24, 1996, the Fed- we sold Somalia 31 percent of its arms in the United Kingdom has taken the eral debt stood at $5,173,226,000,000. imports. first step by announcing on May 22 its (Five trillion, one hundred seventy- And as for Haiti, where we had the intent to restrict arms sales. However, three billion, two hundred twenty-six good fortune not to suffer major cas- Britain’s arms manufacturers are cry- million) ualties, we had armed and trained Hai- ing foul, because no other country has Five years ago, July 24, 1992, the Fed- ti’s military. William Hartung of the yet followed Britain’s lead. British de- eral debt stood at $3,989,786,000,000. World Policy Institute states that, fense firms are losing out in the inter- (Three trillion, nine hundred eighty- ‘‘Total US arms deliveries to Haiti ... national arms market because Britain nine billion, seven hundred eighty-six from 1987 to 1991 exceeded 25 percent of is out in front on this issue. We need to million) total Haitian arms imports.’’ The stand shoulder to shoulder with the Ten years ago, July 24, 1987, the Fed- Duvalier regime faced no external United Kingdom on this critical issue. eral debt stood at $2,300,013,000,000. S8152 CONGRESSIONAL RECORD — SENATE July 25, 1997 (Two trillion, three hundred billion, nia, Mr. HEFLEY, Mr. SAXTON, Mr. BUYER, Provided further, That Mr. DELAHUNT is ap- thirteen million) Mrs. FOWLER, Mr. MCHUGH, Mr. TALENT, Mr. pointed in lieu of Mr. MILLER of California Twenty-five years ago, July 24, 1972, EVERETT, Mr. BARTLETT, Mr. LEWIS of Ken- for consideration of sections 2901–2914 of the the Federal debt stood at tucky, Mr. WATTS, Mr. CHAMBLISS, Mr. House bill, and sections 381–392 of the Senate RILEY, Mr. DELLUMS, Mr. SKELTON, Mr. SISI- amendment. $434,436,000,000 (Four hundred thirty- SKY, Mr. SPRATT, Mr. ORTIZ, Mr. PICKETT, As additional conferees from the Commit- four billion, four hundred thirty-six Mr. EVANS, Mr. TAYLOR of Mississippi, Mr. tee on Science, for consideration of sections million) which reflects a debt increase ABERCROMBIE, Mr. MEEHAN, Ms. HARMAN, Mr. 214 and 3148 of the House bill, and sections of nearly $5 trillion—$4,934,445,340,728.99 MCHALE, Mr. KENNEDY of Rhode Island, Mr. 234 and 1064 of the Senate amendment, and (Four trillion, nine hundred thirty-four BLAGOJEVICH, Mr. SNYDER, and Mr. modifications committed to conference: Mr. billion, four hundred forty-five million, RODRIQUEZ. SENSENBRENNER, Mr. CALVERT, and Mr. As additional conferees from the Perma- BROWN of California; three hundred forty thousand, seven nent Select Committee on Intelligence, for hundred twenty-eight dollars and nine- Provided, That Mr. ROHRABACHER is ap- consideration of matters within the jurisdic- pointed in lieu of Mr. CALVERT for consider- ty-nine cents) during the past 25 years. tion of that committee under clause 2 of rule ation of section 1064 of the Senate amend- f XLVIII: Mr. GOSS, Mr. LEWIS of California, ment. and Mr. DICKS. As additional conferees from the Commit- MESSAGES FROM THE HOUSE As additional conferees from the Commit- tee on Transportation and Infrastructure, for tee on Commerce, for consideration of sec- consideration of sections 345, 563, 601, 1021, At 11:49 a.m., a message from the tions 344, 601, 654, 735, 1021, 3143, 3144, 3201, House of Representatives, delivered by 2861, and 3606 of the House bill, and section 3202, 3402, and 3404 of the House bill, and sec- 601 of the Senate amendment, and modifica- Ms. Goetz, one of its reading clerks, an- tions 338, 601, 663, 706, 1064, 2823, 3136, 3140, tions committed to conference: Mr. SHUSTER, nounced that the House has passed the 3151, 3160, 3201, and 3402 of the Senate amend- Mr. GILCHREST, and Mr. BORSKI. ment, and modifications committed to con- following bill, in which it requests the As additional conferees from the Commit- ference: Mr. BLILEY, Mr. SCHAEFER of Colo- concurrence of the Senate: tee on Veterans’ Affairs, for consideration of rado, and Mr. DINGELL: sections 751, 752, and 759 of the House bill, H.R. 2160. An act making appropriations Provided, That Mr. OXLEY is appointed in and sections 220, 542, 751, 752, 758, 1069, 1074, for Agriculture, Rural Development, Food lieu of Mr. SCHAEFER of Colorado for consid- and Drug Administration, and Related Agen- eration of sections 344 and 1021 of the House and 1076 of the Senate amendment, and cies programs for the fiscal year ending Sep- bill and section 2823 of the Senate amend- modifications committed to conference: Mr. tember 30, 1998, and for other purposes. ment: SMITH of New Jersey, Mr. BILIRAKIS, and Mr. ENROLLED BILLS SIGNED Provided further, That Mr. BILIRAKIS is ap- KENNEDY of Massachusetts. The message also announced that the pointed in lieu of Mr. SCHAEFER of Colorado f Speaker has signed the following en- for consideration of sections 601, 654, and 735 of the House bill, and sections 338, 601, 663, MEASURES PLACED ON THE rolled bills: and 706 of the Senate amendment: CALENDAR H.R. 709. An act to reauthorize and amend Provided further, That Mr. TAUZIN is ap- The following measure was read the the National Geologic Mapping Act of 1992, pointed in lieu of Mr. SCHAEFER of Colorado and for other purposes. for consideration of section 1064 of the Sen- second time and placed on the cal- H.R. 1226. An act to amend the Internal ate amendment. endar. Revenue Code of 1986 to prevent the unau- As additional conferees from the Commit- S. 1065. A bill to amend the Ethics in Gov- thorized inspection of tax returns or tax re- tee on Education and the Workforce, for con- ernment Act with respect to the appoint- turn information. sideration of sections 374, 658, and 3143 of the ment of an independent counsel. The enrolled bills were signed subse- House bill, and section 664 of the Senate The following measure was read the amendment, and modifications committed to first and second times by unanimous quently by the President pro tempore conference: Mr. GOODLING, Mr. FAWELL, and (Mr. THURMOND). Ms. SANCHEZ: consent and placed on the calendar: Provided, That Mr. RIGGS is appointed in H.R. 2160. An act making appropriations At 2:48 p.m., a message from the lieu of Mr. FAWELL for consideration of sec- for Agriculture, Rural Development, Food House of Representatives, delivered by tion 658 of the House bill and section 664 of and Drug Administration, and Related Agen- Mr. Hays, one of its reading clerks, an- the Senate amendment. cies programs for the fiscal year ending Sep- nounced that the House has agreed to As additional conferees from the Commit- tember 30, 1998, and for other purposes. the following concurrent resolution, in tee on Government Reform and Oversight, f for consideration of sections 322 and 3527 of which it requests the concurrence of the House bill, and sections 1068, 1107, 2811, EXECUTIVE AND OTHER the Senate: and 3527 of the Senate amendment, and COMMUNICATIONS H. Con. Res. 123. Concurrent resolution modifications committed to conference: Mr. providing for the use of the catafalque situ- BURTON, Mr. HORN, and Mr. WAXMAN. The following communications were ated in the crypt beneath the rotunda of the As additional conferees from the Commit- laid before the Senate, together with Capitol in connection with memorial serv- tee on House Oversight, for consideration of accompanying papers, reports, and doc- ices to be conducted in the Supreme Court section 543 of the Senate amendment, and uments, which were referred as indi- Building for the late honorable William J. modifications committed to conference: Mr. cated: Brennan, former Associate Justice of the Su- THOMAS, Mr. NEY, and Mr. GEJDENSON. EC–2598. A communication from the Direc- preme Court of the United States. As additional conferees from the Commit- tee on International Relations, for consider- tor of the Office of the Secretary of Defense, The message also announced that the ation of sections 1101–111, 1202, 1204, 1205, transmitting, pursuant to law, a rule enti- House disagrees to the amendments of 1207, 1210, and 1231–1234 of the House bill, and tled ‘‘Civilian Health and Medical Program the Senate to the bill (H.R. 1119) to au- sections 1009, 1013, 1021, 1022, 1056, 1057, 1082, of the Uniformed Services’’ (RIN0720–AA36) thorize appropriations for fiscal year and 1085 of the Senate amendment, and received on July 24, 1997; to the Committee 1998 for military activities of the De- modifications committed to conference: Mr. on Armed Services. EC–2599. A communication from the Sec- partment of Defense, for military con- GILMAN, Mr. BEREUTER, and Mr. HAMILTON. retary of Defense, transmitting a notice of a struction, and for defense activities of As additional conferees from the Commit- tee on the Judiciary, for consideration of retirement; to the Committee on Armed the Department of Energy, to prescribe sections 374, 1057, 3521, 3522, and 3541 of the Services. personnel strengths for the such fiscal House bill, and sections 831, 1073, 1075, 1106, EC–2600. A communication from the Acting year for the Armed Forces, and for and 1201–1216 of the Senate amendment, and Assistant Secretary of the Army (Civil other purposes, and agrees to the con- modifications committed to conference: Mr. Works), transmitting, pursuant to law, a ference asked by the Senate on the dis- HYDE, Mr. SMITH of Texas, and Mr. CONYERS. rule received on July 24, 1997; to the Commit- agreeing votes of the two Houses there- As additional conferees from the Commit- tee on Environment and Public Works. on; and that the following Members as tee on Resources, for consideration of sec- EC–2601. A communication from the Ad- ministrator of the U.S. General Services Ad- the managers of the conference on the tions 214, 601, 653, 1021, 2835, 2901–2914, and 3404 of the House bill, and sections 234, 381– ministration, transmitting, pursuant to law, part of the House: 392, 601, 706, 2819, and 3158 of the Senate the report of an alteration prospectus; to the From the Committee on National Security, amendment, and modifications committed to Committee on Environment and Public for consideration of the House bill, and the conference: Mr. YOUNG of Alaska, Mr. TAU- Works. Senate amendments, and modifications com- ZIN, and Mr. MILLER of California: EC–2602. A communication from the Sec- mitted to conference: Mr. SPENCE, Mr. Provided, That Mr. HEFLEY is appointed in retary of Health and Human Services, trans- STUMP, Mr. HUNTER, Mr. KASICH, Mr. BATE- lieu of Mr. SAXTON for consideration of sec- mitting, pursuant to law, a report entitled MAN, Mr. HANSEN, Mr. WELDON of Pennsylva- tion 3404 of the House bill. ‘‘Performance Improvement 1997: Evaluation July 25, 1997 CONGRESSIONAL RECORD — SENATE S8153 Activities of the U.S. Department of Health THE CLINICAL LABORATORY IMPROVEMENT ACT Mr. President, the CLIA 1997 amend- and Human Services’’; to the Committee on AMENDMENTS OF 1997 ments will not jeopardize the quality of Labor and Human Resources. Mrs. HUTCHISON. Mr. President, I laboratory testing. This bill will ex- f rise today to introduce legislation that empt physician office lab tests from REPORTS OF COMMITTEES is critically needed to reduce the regu- the CLIA 1988 restrictions that have latory burdens on our doctor’s offices caused many physicians to discontinue The following reports of committees today. simple laboratory tests due to the ex- were submitted: In 1988, Congress passed the Clinical cessive amounts of regulation involved By Mr. WARNER, from the Committee on Laboratory Improvement Act as a re- in the performance of these tests. The Rules and Administration, without amend- action to reports about laboratories ment: CLIA 1997 amendments that I am intro- that inaccurately analyzed PAP ducing today in the Senate will have S. Con. Res. 33. A concurrent resolution au- smears. CLIA 1988 was intended to ad- thorizing the use of the Capital Grounds for the narrow purpose of ensuring that es- the National SAFE KIDS Campaign SAFE dress the quality of laboratory test sential laboratory testing performed by KIDS Buckle Up Car Seat Check Up. performance. Unfortunately, the regu- physicians remain a viable diagnostic f lations enacted as a result of the CLIA option for physicians and their pa- 1988 legislation did not reflect the in- tients without the excessive rules and INTRODUCTION OF BILLS AND tent of the act. What in effect hap- administratively complex require- JOINT RESOLUTIONS pened following the passage of CLIA ments that currently exist, and, most The following bills and joint resolu- 1988 was a series of regulations that importantly, eliminate the strain the tions were introduced, read the first substantially increased the amount of CLIA 1988 legislation is placing on pa- and second time by unanimous con- paperwork to be performed in physi- tients in rural areas who are losing ac- sent, and referred as indicated: cian offices and now ultimately in- cess to necessary testing and care. By Mrs. HUTCHISON (for herself, Mr. creases the cost of health care to the I hope that all my colleagues will COCHRAN, Mr. FAIRCLOTH, and Mr. patients. There has been little, if any, join me in supporting this legislation, NICKLES): documentation that the CLIA 1988 re- which will reduce health care costs and S. 1068. A bill to amend section 353 of the forms resulted in an improvement in improve the ability of patients to re- Public Health Service Act to exempt physi- patient care. ceive laboratory tests in a timely fash- cian office laboratories from the clinical lab- In fact, a Texas Medical Association oratories requirements of that section; to ion while providing the much needed study showed that the annual cost of regulatory relief to physicians all over the Committee on Labor and Human Re- the labor and administrative overhead sources. the country. By Mr. MURKOWSKI (for himself and added by CLIA averages $4,435 per phy- Mr. WARNER): sician. This is in addition to the cost of By Mr. MURKOWSKI (for himself S. 1069. A bill entitled the ‘‘National Dis- registration, controls, proficiency test- and Mr. WARNER): covery Trails Act of 1997.’’; to the Committee ing, and inspection or accreditation. At S. 1069. A bill entitled the ‘‘National on Energy and Natural Resources. a time when the entire health care in- Discovery Trails Act of 1997’’; to the By Mr. JEFFORDS: dustry is under pressure to control Committee on Energy and Natural Re- S. 1070. A bill to provide for a regional edu- health care costs, the CLIA regulations sources. cation and workforce training system in the not only subject physicians to in- metropolitan Washington area, to improve THE NATIONAL DISCOVERY TRAILS ACT OF 1997 the school facilities of the District of Colum- creased administrative costs but also Mr. MURKOWSKI. Mr. President, I bia, and to fund such activities in part by an decrease the amount of time devoted to rise today for the purpose of introduc- income tax on nonresident workers in the patient care. ing legislation that I think is most sig- District of Columbia; to the Committee on One Texas physician describes his nificant. This legislation will particu- Finance. CLIA inspection as being left with a larly appeal to those who are inclined By Mr. D’AMATO (by request): feeling that nothing of any real value to enjoy the outdoors because it will S. 1071. A bill to facilitate the effective and was accomplished. Dr. McBrayer from establish our Nation’s first coast-to- efficient management of the homeless assist- the Texas Panhandle relates the in- coast multiuse hiking trail. Take a ance programs of the Department of Housing spection: and Urban Development, including the merg- moment and think about that. You will er of such programs into one performance We were written up for such monumental be able to hike from coast to coast on fund, and for other purposes; to the Commit- things as the fact that I had not signed the a hiking trail. That means off the high- tee on Banking, Housing, and Urban Affairs. procedure manual for one of our lab ma- ways, away from the roads, behind the chines. Therefore, everything done on that f machine, including the training, was out of freeways. A true outdoor experience. Trails are one of America’s most pop- SUBMISSION OF CONCURRENT AND compliance. The fact that the manufactur- ular recreation resources. Millions of SENATE RESOLUTIONS er’s rep had come and trained the staff was to no avail. Everything was out of compli- Americans hike, they ski, they jog, The following concurrent resolutions ance because I didn’t sign it. It didn’t matter they bike, they ride horses, they drive and Senate resolutions were read, and that they had learned how to use it. That snow machines and all-terrain vehicles, referred (or acted upon), as indicated: was irrelevant. they observe nature, commute, and By Mr. GRASSLEY (for himself, Mr. The CLIA amendments I am intro- relax on trails throughout the country. LUGAR, Mr. HARKIN, and Mr. KERREY): ducing will reduce the burdens on phy- A variety of trails are provided na- S. Con. Res. 43. A concurrent resolution sicians who perform laboratory tests in tionwide, including urban bike paths, urging the United States Trade Representa- their offices and thereby free up re- bridle paths, community greenways, tive immediately to take all appropriate ac- sources and time to dedicate to patient historic trails, motorized trails, and tion with regards to Mexico’s imposition of antidumping duties on United States high care. In Texas alone, of the physicians long-distance hiking trails. This legis- fructose corn syrup; considered and agreed who provided testing services in their lation will establish the American Dis- to. offices prior to CLIA, 27 percent have covery Trail, or ADT as it is commonly f closed their office labs, and another 31 called. The ADT is a continuous coast- percent have discounted some type of to-coast trail to link the Nation’s prin- STATEMENTS ON INTRODUCED testing, as a direct result of the CLIA cipal north-south trails and east-west BILLS AND JOINT RESOLUTIONS 1988 reforms. This has resulted in some historic trails with shorter local and By Mrs. HUTCHISON (for herself, areas of Texas experiencing physician regional trails into a nationwide net- Mr. COCHRAN, Mr. FAIRCLOTH, shortages. Many physicians are con- work. and Mr. NICKLES): cerned about the possible consequences Mr. President, by establishing a sys- S. 1068. A bill to amend section 353 of to patients caused by the decreased ac- tem of discovery trails, this new cat- the Public Health Service Act to ex- cess to testing or the delay in obtain- egory will recognize that using and en- empt physician office laboratories from ing results. In the wake of the health joying trails close to home is equally the clinical laboratories requirements care reform debate, it is important to as important as traversing remote wil- of that section; to the Committee on promote quality-driven cost-effective derness trails, of which we have many Labor and Human Resources. ways of delivery care. in my State of Alaska. Long-distance S8154 CONGRESSIONAL RECORD — SENATE July 25, 1997 trails are used mostly by people living route winds through Nebraska, Iowa, ‘‘(A) the trail must link one or more areas close to the trail and by weekenders. Illinois, Indiana, and Ohio; the south- within the boundaries of a metropolitan area Backpacking excursions are normally a ern Midwest route leaves Colorado and (as those boundaries are determined under few days to a couple of weeks. As an the Air Force Academy and follows the section 134(c) of title 23, United States Code). It should also join with other trails, connect- example, of the estimated 4 million tracks and wagon wheel ruts of thou- ing the National Trails System to significant users of the Appalachian Trail, each sands of early pioneers through Kansas recreation and resources areas. year it is estimated that only about 100 and Missouri as well as settlements ‘‘(B) The trail must be supported by a com- to 150 walk the entire trail annually. and historic places in Illinois, Indiana, petent trailwide nonprofit organization. This will be true of the American Dis- Kentucky until the trail joins the Each trail should have extensive local and covery Trail as well, especially because northern route in Cincinnati. trailwide support by the public, by user of its proximity to urban locations West Virginia is next, then Maryland groups, and by affected State and local gov- throughout the country. and the C&O Canal. This leads to Wash- ernments. ington, DC, where the trail passes The ‘‘(C) The trail must be extended and pass The ADT, the first of the discovery through more than one State. At a mini- trails, will connect 6 of the national Mall, the White House, the Capitol, and mum, it should be a continuous, walkable scenic trails, 10 of the national historic then heads on to Annapolis. Finally, in route not including any non-federal property trails, 23 of the national recreation Delaware, the trail reaches the eastern for which the owner had not provided con- trails, and hundreds of other local and terminus at Cape Henlopen State Park sent for inclusion and use. regional trails. Until now, the element and the Atlantic Ocean. ‘‘(2) The appropriate Secretary for each na- that has been missing in order to cre- Between the Pacific and Atlantic tional discovery trail shall administer the Ocean, one will experience the most trail in cooperation with a competent ate a national system of connected trailwide nonprofit organization.’’. trails is that the existing trails, for the spectacular scenery in the world, thou- (b) DESIGNATION OF THE AMERICAN DISCOV- most part, are simply not connectable. sands of historic sites, lakes, rivers and ERY TRAIL AS A NATIONAL DISCOVERY With the ADT that will no longer be streams of every size. The trail offers TRAIL.—Section 5(a) of such Act (16 U.S.C. the case. an opportunity to discovery America 1244(a)) is amended— The ADT is about access. The trails from small towns, to rural countryside, (1) by re-designating the paragraph relat- will connect people to larger cities, to large metropolitan areas. ing to the California National Historic Trail as paragraph (18); small towns, urban areas and to moun- When the President signs the legisla- tion into law, a 10-year effort will have (2) by re-designating the paragraph relat- tains, forests, deserts and natural ing to the Pony Express National Historic areas, incorporating regional, local, been achieved. The American Discov- Trail as paragraph (19); and and national trails together. ery Trail will become a reality. The (3) by adding at the end the following: What makes this so exciting is the more people who use it, the better. ‘‘(20) The American Discovery Trail, a trail way it has already brought people to- Mr. President, I ask unanimous con- of approximately 6,000 miles extending from gether. More than 100 organizations sent that the full text of the bill be Cape Henlopen State Park in Delaware to along the trail’s 6,000 miles support the printed in the RECORD. Point Reyes National Seashore in California, effort. Each State the trail passes There being no objection, the bill was extending westward through Delaware, Maryland, the District of Columbia, West through already has a volunteer co- ordered to be printed in the RECORD, as follows: Virginia, Ohio, and Kentucky, where near ordination effort, and coordinators who Cincinnati it splits into two routes. The lead an active ADT committee. A S. 1069 Northern Midwest route traverses Ohio, Indi- strong grassroots effort along with fi- SECTION 1. SHORT TITLE. ana, Illinois, Iowa, Nebraska, and Colorado, nancial support from Backpacker mag- This Act may be cited as the ‘‘National and the Southern Midwest route traverses azine, Eco USA, The Coleman Compa- Discovery Trails Act of 1997’’. Indiana, Illinois, Missouri, Kansas, and Colo- SEC. 2. NATIONAL TRAILS SYSTEM ACT AMEND- rado. After the two routes rejoin in Denver, nies and others, have helped make the MENTS. ADT move from a dream to a reality. Colorado, the route continues through Colo- Section 3(a) of the National Trails System rado, Utah, Nevada, and California. The trail Only one very more important step Act (16 U.S.C. 1242(a)) is amended by insert- is generally described in Volume 2 of the Na- on the trail needs to be taken. Con- ing after paragraph (4) the following: tional Park Service feasibility study dated gress needs to authorize the trail as ‘‘(5) National discovery trails, established June 1995 which shall be on file and available part of our national trail system. I in- as provided in section 5, which will be ex- for public inspection in the office of the Di- vite my colleagues to join me in this tended, continuous, interstate trails so lo- rector of the National Park Service, Depart- effort. cated as to provide for outstanding outdoor ment of the Interior, the District of Colum- The American Discovery Trail be- recreation and travel and to connect rep- bia. The American Discovery Trail shall be resentative examples of America’s trails and administered by the Secretary of the Inte- gins, or ends, when your two feet go communities. National discovery trails into the Pacific at Point Reyes Na- rior in cooperation with a competent should provide for the conservation and en- trailwide nonprofit organization and other tional Seashore, just north of San joyment of significant natural, cultural, and affected land managing agencies. No lands or Francisco. Next are Berkeley and Sac- historic resources associated with each trail interests outside the exterior boundaries of ramento before the climb to the Pacific and should be so located as to represent met- federally administered areas may be ac- Crest National Scenic Trail in Lake ropolitan, urban, rural, and back country re- quired by the Federal Government solely for Tahoe in the middle of the Sierra Ne- gions of the Nation.’’. Any such trail may be the American Discovery Trail. This trail is vada Mountains. designated on federal lands and, with the specifically exempted from the provisions of consent of the owner thereof, on any non fed- sections 7(e), 7(f), and 7(g).’’. Nevada offers historic Virginia City, eral lands: Provided, that such consent may home of the Comstock Lode, the Pony (c) COMPRENSIVE NATIONAL DISCOVERY be revoked at any time. The Congress does TRAIL PLAN.—Section 5 of such Act (16 U.S.C. Express National Historic Trail, Great not intend for the establishment of a Na- 1244) is further amended by adding at the end Basin National Park with Lehman tional Discovery Trail to lead to the creation the following new subsection: Caves and Wheeler Peak. of protective perimeters or buffer zones adja- ‘‘(h) Within three complete fiscal years Utah provides national forests and cent to a National Discovery Trail. The fact after the date of enactment of any law des- parks along with spectacular red rock that there may be activities or uses on lands ignating a national discovery trail, the ad- country, which leads into Colorado of- adjacent to the trail that would not be per- ministering Federal agency shall, in co- fering Colorado National Monument mitted on the trail shall not preclude such operation with a competent trailwide non- activities or uses on such lands adjacent to profit organization, submit a comprehensive with its 20,445 acres of sandstone the trail to the extent consistent with other plan for the protection, management, devel- monoliths and canyons. Then there is applicable law. opment, and use of the federal portions of the Grand Mesa over Scofield Pass and (2) FEASIBILITY REQUIREMENTS; COOPERA- the trail, and provide technical assistance to Crested Butte, in the heart of the ski TIVE MANAGEMENT REQUIREMENT.—Section 5 states and local units of government and pri- country as you follow the Colorado and of such Act (16 U.S.C. 1244) is amended by vate landowners, as requested, for non-fed- Continental Divide Trails into Ever- adding at the end the following new sub- eral portions of the trail, to the Committee green. I wish I was there myself this section: on Resources of the United States House of ‘‘(g)(1) For purposes of subsection (b), a Representatives and the Committee on En- afternoon. trail shall not be considered feasible and de- ergy and Natural Resources of the United At Denver, the ADT divides and be- sirable for designation as a national discov- States Senate. The Secretary shall ensure comes the northern and southern Mid- ery trail unless it meets all of the following that the comprehensive plan for the entire west routes. The northern Midwest criteria: trail does not conflict with any existing July 25, 1997 CONGRESSIONAL RECORD — SENATE S8155 agency direction and that the nonprofit or- and inserting ‘‘national scenic, historic, or Some 40 percent of D.C. children drop ganization consults with affected land man- discovery trail’’; out of school between grades 7 and 12. aging agencies, the Governors of the affected (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), National studies show that about 80 States, county and local political jurisdic- by striking ‘‘or national historic’’ and in- percent of prison inmates are school tions, and local organizations maintaining serting ‘‘national historic, or national dis- components of the trail. Mandatory compo- covery’’; and drop-outs. A plan to help D.C. must nents of the comprehensive plan include— (13) in section 7(i) (16 U.S.C. 1246(i)), by have a strong component to improve ‘‘(1) specific objectives and practices to be striking ‘‘or national historic’’ and inserting education. As will be shown below, this observed in the administration and manage- ‘‘national historic, or national discovery’’. need not carry a significant dollar cost ment of the trail, including the identifica- to the Federal Treasury. In fact it will tion of all significant natural, historical, and By Mr. JEFFORDS: save millions. cultural resources to be preserved, model S. 1070. A bill to provide for a re- The President wants to be known as agreements necessary for joint trail adminis- gional education and workforce train- tration among and between interested par- the Education President. Congress ties, and an identified carrying capacity of ing system in the metropolitan Wash- wants to be known as the Education the trail and a plan for its implementation; ington area, to improve the school fa- Congress. Wouldn’t the best dem- ‘‘(2) general and site-specific development cilities of the District of Columbia, and onstration of that intent be to start by plans including anticipated costs; and to fund such activities in part by an in- improving the education system of the ‘‘(3) the process to be followed by the non- come tax on nonresident workers in Nation’s Capital? profit organization, in cooperation with the the District of Columbia; to the Com- The present plans for enhancing a appropriate Secretary, to implement the mittee on Finance. middle-class tax base in the District trail marking authorities in section 7(c) con- forming to approved trail logo or emblem re- THE METROPOLITAN WASHINGTON EDUCATION are based on business tax incentives. quirements.’’. Nothing in this Act may be AND WORKFORCE TRAINING ACT OF 1997 But if you are a middle-class taxpayer construed to impose or permit the imposi- Mr. JEFFORDS. Mr. President, I am with school-age children you currently tion of any landowner on the use of any non introducing legislation today, pursuant have to factor in approximately $10,000 federal lands without the consent of the to many recent discussions about the a year in private education fees to feel owner thereof, which consent may be re- rescue plan for the District of Colum- comfortable with the level of education voked at any time. Neither the designation bia, that reaffirms my strong belief and safety you are providing to your of a National Discovery Trail nor any plan relating thereto shall affect or be considered that education must be the keystone of family—$10,000 a year, per child, is a in the granting or denial of a right of way or that plan and that fair and ready fund- huge barrier for most middle-class fam- any conditions relating thereto. ing is available with no cost to the ilies. SEC. 3. CONFORMING AMENDMENTS. Federal Government. The plans currently being considered The National Trails System Act is amend- Every Washington area citizen in Congress that exclude discussion of ed— should keep a careful watch on what schools may well create jobs. But jobs (1) in section 2(b) (16 U.S.C. 1241(b)), by Congress is doing to rescue the Capital for whom? Even the promoters of those striking ‘‘scenic and historic’’ and inserting from its present plight. The chorus re- plans recognize that those jobs would ‘‘scenic, historic, and discovery’’; (2) in the section heading to section 5 (16 sounds, ‘‘we must get people to move primarily go to non-residents of the U.S.C. 1244), by striking ‘‘AND NATIONAL back into the Capital! Its future de- District. Projections show that two out HISTORIC’’ and inserting ‘‘, NATIONAL pends on it!’’ But if we examine the of three jobs will go to non-residents. HISTORIC, AND NATIONAL DISCOVERY’’; present congressional and administra- This will leave the District with more (3) in section 5(a) (16 U.S.C. 1244(a)), in the tion plans and overlay them onto the infrastructure demands and less money matter preceding paragraph (1)— root causes for the plight, serious ques- to deal with them—the exact status of (A) by striking ‘‘and national historic’’ and tions arise as to their effectiveness. the problems at present. inserting ‘‘, national historic, and national Studies indicate that the two leading As stated in the recent Brookings In- discovery’’; and (B) by striking ‘‘and National Historic’’ causes, by far, that cause people to stitution study on D.C. entitled ‘‘The and inserting ‘‘, National Historic, and Na- leave the District and keep them from Orphan Capital’’ taxing metropolitan tional Discovery’’; living in the city are poor schools and area residents where they live instead (4) in section 5(b) (16 U.S.C. 1244(b)), in the high incidents of crime. Let’s examine of where they work creates a revenue matter preceding paragraph (1), by striking the plans that Congress has before it. boon for Maryland and Virginia and a ‘‘or national historic’’ and inserting ‘‘, na- Only the Senate plan as currently revenue disaster for the District. D.C. tional historic, or national discovery’’; outlined even mentions education and is the only city in a multi-State con- (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), that is basically a symbolic gesture to by striking ‘‘or national historic’’ and in- figuration in the country that has an serting ‘‘, national historic, or national dis- help repair the crumbling school infra- income tax but is not able to tax its covery’’; structure. The administration does non-resident workers. This situation (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), consider the crime problem, but only has also led D.C. to have the highest by striking ‘‘and national historic’’ and in- at the end game of taking over the income tax rate on its residents in the serting ‘‘, national historic, and national dis- prison system. The administration’s area. That income tax rate is another covery’’; plan has no mention of repairing the barrier to the middle-class return to (7) in section 7(b) (16 U.S.C. 1246(b)), by failing D.C. educational system; a sys- the city. striking ‘‘or national historic’’ each place such term appears and inserting ‘‘, national tem which is among the worst in the The result is that $20 billion in wages historic, or national discovery’’; Nation. leaves the District each year without (8) in section 7(c) (16 U.S.C. 1246(c))— The central administrative problem being taxed, resulting in hundreds of (A) by striking ‘‘scenic or national his- of the District’s school system is not millions of dollars flowing each year to toric’’ each place it appears and inserting money, it is management chaos. But the treasuries of Maryland and Vir- ‘‘scenic, national historic, or national dis- money is a serious concern in the area ginia. Only 1 percent of this amount covery’’; of school infrastructure, and D.C. has goes in the other direction—from D.C. (B) in the second proviso, by striking ‘‘sce- one of the worst school infrastructures residents working in the suburbs back nic, or national historic’’ and inserting ‘‘sce- in the Nation. In fairness to General nic, national historic, or national discov- in to D.C. This is a huge inequity that ery’’; and Becton, the new chief executive officer no other major city suffers. (C) by striking ‘‘, and national historic’’ for the schools, he is trying valiantly The history of the tax inequity began and inserting ‘‘, national historic, and na- to upgrade overall standards but too in 1973 when D.C. was given home rule. tional discovery’’; much of his time is spent dealing with An astute Virginia representative con- (9) in section 7(d) (16 U.S.C. 1246(d)), by emergency school infrastructure re- vinced Congress to prohibit the non- striking ‘‘or national historic’’ and inserting pairs. Again this September, 43 schools resident tax from being enacted. A bril- ‘‘national historic, or national discovery’’; will be threatened with closure at the liant move, perhaps justified at the (10) in section 7(e) (16 U.S.C. 1246(e)), by outset of the academic year. Over $2 time, but it is unjust now, particularly striking ‘‘or national historic’’ each place such term appears and inserting ‘‘, national billion are needed just to fix building to the children of D.C. It is not unex- historic, or national discovery’’; code violations. pected that the Maryland and Virginia (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), Crime in the District is directly re- Senators object violently when chang- by striking ‘‘National Scenic or Historic’’ lated to the public school system. ing this situation is suggested. S8156 CONGRESSIONAL RECORD — SENATE July 25, 1997

However, a win-win proposal for all overall improvement of the regional New York [Mr. D’AMATO], and the Sen- D.C. metropolitan residents is possible. school system; and potential revenue ator from Illinois [Mr. DURBIN] were It will create high-paying job opportu- gains to Maryland and Virginia. Most added as cosponsors of Senate Concur- nities for high-school graduates importantly, it would make the con- rent Resolution 12, a concurrent reso- through improved skill training. It will gressional and administration plans lution expressing the sense of the Con- provide the needed repairs to the D.C. sensible instead of senseless. We must gress with respect to the collection of school infrastructure. It will provide not miss this opportunity. data on ancestry in the decennial cen- funds to improve schools and other sus. area training institutions. By Mr. D’AMATO (by request): SENATE CONCURRENT RESOLUTION 39 S. 1071. A bill to facilitate the effec- A recent report issued by the Greater At the request of Mr. D’AMATO, his Washington Board of Trade indicates tive and efficient management of the name was added as a cosponsor of Sen- that there are approximately 50,000 homeless assistance programs of the ate Concurrent Resolution 39, a concur- high-paying jobs requiring information Department of Housing and Urban De- rent resolution expressing the sense of technology skills in the Washington velopment, including the merger of the Congress that the German Govern- metropolitan area. These jobs pay on such programs into one performance ment should expand and simplify its average $40,000 a year. By filling these fund, and for other purposes; to the reparations system, provide repara- jobs the Board of Trade estimates an Committee on Banking, Housing, and tions to Holocaust survivors in Eastern additional $3.5 billion annually would Urban Affairs and Central Europe, and set up a fund be injected into the economy of what THE HOMELESSNESS ASSISTANCE AND to help cover the medical expenses of we call ‘the golden crescent’—the MANAGEMENT REFORM ACT OF 1997 Holocaust survivors. Washington metropolitan region that Mr. D’AMATO. Mr. President, as stretches from Annapolis, Maryland to chairman of the Committee on Bank- f ing, Housing, and Urban Affairs, I in- Winchester, Virginia. SENATE CONCURRENT RESOLU- But actually, this labor market troduce the Homelessness Assistance TION 43—URGING THE U.S. shortage is a national problem. There and Management Reform Act of 1997 at TRADE REPRESENTATIVE TO are an estimated 190,000 information the request of the Secretary of the De- PURSUE DISPUTE SETTLEMENT technology jobs going begging in the partment of Housing and Urban Devel- PROVISIONS WITH THE WTO Nation for lack of skilled workers. Con- opment, the Honorable Andrew M. gress is presently trying to pass legis- Cuomo. Mr. GRASSLEY (for himself, Mr. lation to revamp our workforce train- f LUGAR, Mr. HARKIN, Mr. DASCHLE, and ing laws. We have at this time a prime Mr. KERREY) submitted the following ADDITIONAL COSPONSORS opportunity to solve the D.C. metro- concurrent resolution, which was con- politan problem and provide a national S. 89 sidered and agreed to: model to help correct the serious na- At the request of Ms. SNOWE, the S. CON. RES. 43 tional skill training deficiencies. I am name of the Senator from Connecticut Whereas the North American Free Trade introducing legislation today to ac- [Mr. LIEBERMAN] was added as a co- Agreement (in this resolution, referred to as complish this ‘‘win-win’’ structure. sponsor of S. 89, a bill to prohibit dis- ‘‘the NAFTA’’) was intended to reduce trade If the Washington metropolitan area crimination against individuals and barriers between Canada, Mexico and the were to become a model for the rest of their family members on the basis of United States; the country we could jump start the genetic information, or a request for Whereas the NAFTA represented an oppor- tunity for corn farmers and refiners to in- rest of the country in solving this seri- genetic services. crease exports of highly competitive United ous national problem. And this could S. 484 States corn and corn products; be done with no additional Federal At the request of Mr. DEWINE, the Whereas Corn is the number one U.S. cash cost. But, of course, there is a hitch. name of the Senator from Connecticut crop with a value of $25,000,000,000; My plan would require a 3-percent [Mr. DODD] was added as a cosponsor of Whereas U.S. corn refiners are highly effi- non-resident income tax on D.C. com- S. 484, a bill to amend the Public cient, provide over 10,000 non-farm jobs, and add over $2,000,000 of value to the U.S. corn muter wages. But remember, it would Health Service Act to provide for the cost the commuters nothing because of crop; establishment of a pediatric research Whereas the Government of Mexico has laws requiring mutual offsetting tax initiative. initiated an antidumping investigation into credits. There would be an offset S. 755 imports of high fructose corn syrup from the against the State income taxes of At the request of Mr. CAMPBELL, the United States which may violate the anti- Maryland and Virginia. This would name of the Senator from Minnesota dumping standards of the World Trade Orga- allow the commuter dollars to stay nization; [Mr. GRAMS] was added as a cosponsor Whereas On June 25, 1997, the Government within the metropolitan region instead of S. 755, a bill to amend title 10, Unit- of going to Richmond and Annapolis of Mexico published a Preliminary Deter- ed States Code, to restore the provi- mination imposing very high antidumping with the hope of it coming back. sions of chapter 76 of that title (relat- One percent of this new revenue duties on imports of United States high fruc- ing to missing persons) as in effect be- tose corn syrup; would be used to repair the D.C. school fore the amendments made by the Na- Whereas there has been concern that Mexi- infrastructure. Bonds could then be tional Defense Authorization Act for co’s initiation of the antidumping investiga- amortized for the $2 billion needed. The Fiscal Year 1997 and to make other im- tion was motivated by political pressure other two percent would fund a trust from the Mexican sugar industry rather than provements to that chapter. overseen by metro-area school and the merits of Mexico’s antidumping law: business leaders to provide funding for S. 1067 Now, therefore, be it regional skill training. At the request of Mr. KERRY, the Resolved, by the Senate (the House of Rep- Benefits to the regional economy name of the Senator from Illinois [Mr. resentatives concurring), That it is the sense DURBIN] was added as a cosponsor of S. of Congress that— should more than offset any losses to (1) the Government of Mexico should re- the States. It is hard to argue against 1067, a bill to prohibit United States military assistance and arms transfers view carefully whether it properly initiated growing the local Maryland and Vir- this antidumping investigation in conform- ginia metro-area economies by $3.5 bil- to foreign governments that are un- ity with the standards set forth in the World lion a year. This and future gains democratic, do not adequately protect Trade Organization Agreement on Anti- would more than offset the 1 percent human rights, are engaged in acts of dumping, and should terminate this inves- going solely to D.C. armed aggression, or are not fully par- tigation immediately; And finally, this bill results in hun- ticipating in the United Nations Reg- (2) if the United States Trade Representa- dreds of millions of dollars in savings ister of Conventional Arms. tive considers that Mexico initiated this antidumping investigation in violation of to the Federal Government; hundreds SENATE CONCURRENT RESOLUTION 12 World Trade Organization standards, and if of millions of dollars of help to the sub- At the request of Mr. TORRICELLI, the the Government of Mexico does not termi- urbs surrounding the capital; the re- names of the Senator from Arkansas nate the antidumping investigation, then the pair of the D.C. school system and the [Mr. HUTCHINSON], the Senator from United States Trade Representative should July 25, 1997 CONGRESSIONAL RECORD — SENATE S8157 immediately undertake appropriate meas- or when such immunizations ‘‘would be On July 22, 23 of my colleagues, in- ures, including actions pursuant to the dis- contrary to the alien’s religious or cluding Senators ABRAHAM, KENNEDY, pute settlement provisions of the World moral convictions.’’ ALLARD, ASHCROFT, COATS, CONRAD, Trade Organization. So, the Attorney General has com- CRAIG, D’AMATO, DEWINE, DODD, DOR- f plete authority to waive the immuniza- GAN, DURBIN, FRIST, GRASSLEY, HUTCH- AUTHORITY FOR COMMITTEES TO tion requirement. Some House and INSON, INOUYE, KOHL, LANDRIEU, MEET Senate offices, however, including MCCAIN, MOYNIHAN, ROBB, GORDON mine, have heard from representatives SMITH, and SNOWE joined me in sending COMMITTEE ON FOREIGN RELATIONS of the international adoption commu- a letter to Attorney General Reno urg- Mr. HAGEL. Mr. President, I ask nity about the difficulties this require- ing her to generously use her authority unanimous consent that the Commit- ment has caused for such parents and to provide waivers from the immuniza- tee on Foreign Relations be authorized their children. tion requirement for these babies and to meet during the session of the Sen- To address this issue, Senator children awaiting adoption. I am ate on Friday, July 25, 1997, at 9:30 a.m. MCCAIN and I offer this amendment to pleased that the Senate has adopted to hold a hearing. instruct the Attorney General ‘‘to ex- this timely amendment. The PRESIDING OFFICER. Without ∑ ercise the waiver authority provided f objection, it is so ordered. for in subsection (g)(2)(B) for any alien COMMITTEE ON GOVERNMENTAL AFFAIRS applying for an IR3 or IR4 category DARRELL COLSON, HOOSIER HERO Mr. HAGEL. Mr. President, I ask visa.’’ That is, for any orphan in an- ∑ Mr. COATS. Mr. President, I rise unanimous consent of behalf of the other country who is to be adopted by today in recognition of a true Hoosier Governmental Affairs Committee Spe- a U.S. citizen. hero, Mr. Darrell Colson of Indianap- cial Investigation to meet on Friday, I have heard from adoptive parents olis. On July 15, 1997, Mr. Colson per- July 25, at 10 a.m., for a hearing on and agencies in Arizona about the formed a heroic act. While getting campaign financing issues. unique difficulties the immunization ready to leave his apartment complex The PRESIDING OFFICER. Without requirement is creating for some adop- pool, he noticed that his neighbor, objection, it is so ordered. tive parents and their babies and young Orian Williams, who moments earlier children. Their unique concerns focus COMMITTEE ON VETERANS’ AFFAIRS was swimming laps, was now drowning on a number of issues, including: at the bottom of the pool. After an at- Mr. HAGEL. The Committee on Vet- Unavailable background Records: erans’ Affairs would like to request tempt by Kim Williams, his fiance´, to Children from orphanages, which com- rescue the young woman, Mr. Colson unanimous consent to hold a hearing prise over 50 percent of international dove into the water and pulled Ms. Wil- on pending legislation on July 25, 1997, adoptions, often do not have health liams to safety. Once he was able to re- at 10 a.m., in room 418 of the Russell records on which to base recommenda- move her from the water, Darrell Senate Office Building. tions for vaccinations. The PRESIDING OFFICER. Without Immunocompromised children: Ac- Colson and Kim Williams performed objection, it is so ordered. cording to medical professionals, many CPR until the rescue team arrived. f children who have lived in orphanages Orian Williams, who by then was in a coma, was rushed to a nearby commu- ADDITIONAL STATEMENTS exhibit significant immune defects. These immunocompromised children nity hospital where she regained con- should not receive certain immuniza- sciousness after receiving medical SUPPORT OF THE McCAIN/KYL tions. Requiring such immunizations treatment. This is a remarkable act, by a re- INTERNATIONAL ADOPTION could cause the child to acquire the markable individual. However, what AMENDMENT very disease the immunization is sup- makes Ms. Williams’ rescue truly Mr. KYL. Mr. President, last year, posed to prevent. ∑ The exact age of the child is un- amazing is that Mr. Colson is a para- the Senate Judiciary Committee known and, therefore, some children plegic. Four years ago, Mr. Colson suf- unanimously passed an amendment I could be forced to receive age-inappro- fered a tragic accident when he fell 40 sponsored to the Illegal Immigration priate immunizations. feet from a tree; he is now confined to Reform and Immigrant Responsibility The adoptive parents often have lim- a wheelchair. To save Ms. Williams, Act that requires incoming immigrants ited time and resources to travel to the Darrell Colson maneuvered his wheel- to be immunized before they enter the adoptee’s home country. Forcing the chair to the pool, dove in, held onto her United States. child to undergo as many as five immu- with one arm and used the other to The amendment makes public health nizations at one time, in order to re- swim her to the surface. Despite his sense. Between 800,000 and 1 million in- duce the amount of time and money a condition, Mr. Colson found the cour- dividuals emigrate from their home parent must spend in the child’s home age to risk his own life for a fellow country to the United States every country, will drive up the cost of the human being. Mr. Colson may not year. And, the Department of Health adoption. think of himself as special, but he is a and Human Services has made immuni- There is a danger that unsterile or hero to both Orian Williams and to all zation of the U.S. population against reconstituted needles, or substandard of us who look to his selfless example vaccine-preventable diseases one of its immunizations, may be used to vac- for inspiration. top health priorities. But before the cinate children in some orphanages in I initiated the Hoosier Hero program passage of last year’s Immigration Act, some countries. in 1991 to recognize individuals who there was no Federal policy with re- It is also important to ensure that have made significant contributions to gard to the immunization of foreign any immigrant who has received a Indiana life, while at the same time nationals seeking permanent residency waiver be immunized once he or she serving as an inspirational example to in the United States. With passage of has arrived in the United States. The the entire Nation. I cannot think of a the Immigration Reform Act, we can McCain/Kyl amendment requires the more inspirational display of courage be assured that incoming immigrants Attorney General and Secretaries of than saving the life of another individ- will be immunized against vaccine-pre- HHS and State to report back in 6 ual. Last week, Mr. President, I was ventable diseases. months on how to establish an enforce- pleased to officially recognize Mr. There are special circumstances, ment program to ensure that immi- Colson as a true Hoosier hero and however, when requiring an immigrant grants who receive waivers be immu- awarded him a Hoosier Hero plaque. to be immunized in his or her home nized once they arrive in the United Mr. Colson never expected to save a country before traveling to the United States. The enforcement program life that day while he was relaxing at States doesn’t make sense. The law al- would not apply to immunizations that the pool. Yet, he demonstrated how we lows the Attorney General the author- would not be medically appropriate in all need to be prepared if we are called ity to waive the immunization require- the foreign country or the United upon to help others. ment whenever the requirement States or would be contrary to the Today I ask that my colleagues join ‘‘would not be medically appropriate’’ alien’s religious or moral convictions. me in commending Darrell Colson, S8158 CONGRESSIONAL RECORD — SENATE July 25, 1997 whose actions not only saved a life but attempting to remember a man so com- The bill (S. 833) was ordered to be en- demonstrated extraordinary bravery mitted to justice and fairness. How- grossed for a third reading, read the and courage. I challenge others to fol- ard’s contributions to the Senate are third time, and passed; as follows: low the example of Darrell Colson and extraordinary, and we commemorate S. 833 other heroes in our communities. They his unique contribution by passing this Be it enacted by the Senate and House of Rep- ask for no recognition, and no reward. bill in celebration of his 80th year, his resentatives of the United States of America in For Darrell Colson, he just wanted to 18 years in the U.S. Senate, and also Congress assembled, see Orian Williams awaken from her the special character he brought to our SECTION 1. DESIGNATION OF HOWARD M. body. METZENBAUM UNITED STATES coma and walk out of the hospital. COURTHOUSE. Fortunately, he got his wish, but also I pay tribute today to a man who al- The Federal building courthouse at Public the recognition of a grateful commu- ways stood up for what he believed was Square and Superior Avenue in Cleveland, nity.∑ right, fighting hard to preserve oppor- Ohio, shall be known and designated as the f tunity for those for those yet to come. ‘‘Howard M. Metzenbaum United States As a Senator, Howard had a broad Courthouse’’. ORDER FOR RECORD TO REMAIN range of interests and he pursued them SEC. 2. REFERENCES. OPEN with dogged perseverance, sincerity Any reference in a law, map, regulation, document, paper, or other record of the Unit- Mr. HELMS. Mr. President, I ask and clarity. Howard and I worked on many issues ed States to the Federal building courthouse unanimous consent that the RECORD re- referred to in section 1 shall be deemed to be main open until 3 p.m. for introduction together during our time in the Senate. a reference to the ‘‘Howard M. Metzenbaum of bills and submission of statements. Individual rights and environmental United States Courthouse’’. The PRESIDING OFFICER. Without preservation were major concerns. He f objection, it is so ordered. poured his energy into clean air protec- ROBERT J. DOLE U.S. f tion, nuclear regulation, cleaning up superfund sites and recycling. Howard COURTHOUSE THE CALENDAR provided strong leadership on antitrust The Senate proceeded to consider the Mr. HELMS. Mr. President, I ask issues as chairman of the Subcommit- bill (S. 1000) to designate the U.S. unanimous consent that the Senate tee on Antitrust, Monopolies and Busi- courthouse at 500 State Avenue in Kan- proceed to the consideration of Cal- ness Rights on the Judiciary Commit- sas City, KS, as the ‘‘Robert J. Dole endar No. 99, S. 833; Calendar No. 126, S. tee. U.S. Courthouse.’’ 1000; and Calendar No. 127, S. 1043, en He was a persistent gun control advo- Mr. ROBERTS. Mr. President, I am bloc, that the bills be considered read a cate, taking the lead on many antigun pleased the Senate has acted expedi- third time and passed, the motions to initiatives in the Senate. He was one of tiously on S. 1000, the legislation that reconsider be laid upon the table, and the lead sponsors of the Brady bill Senator BROWNBACK and I introduced any statements relating to any of these handgun purchase waiting period, as several weeks ago to designate the bills be printed in the RECORD. well as the bans on assault weapons Kansas City, KS, Federal Courthouse The PRESIDING OFFICER. Without and plastic explosives. after our Kansas colleague Senator Bob objection, it is so ordered. But Howard’s true passions lay with Dole. I appreciate the efforts of Sen- America’s underprivileged and needy f ators CHAFEE and BAUCUS and the other communities, which never had a bolder members of the Environment and Pub- HOWARD M. METZENBAUM UNITED champion. His work on behalf of the lic Works Committee in their effort to STATES COURTHOUSE poor, the disabled, and the elderly re- approve the bill for its consideration The Senate proceeded to consider the flect his remarkable compassion for by the Senate before the August recess. bill (S. 833) to designate the Federal those members of society who face After the bill was introduced, Kan- building courthouse at Public Square challenges that many of us cannot sans contacted my office about Senator and Superior Avenue in Cleveland, OH, fully appreciate. He tirelessly defended Dole and their recollections of his as the ‘‘Howard M. Metzenbaum United their interests and fought for their pro- work, which he continues to do in be- States Courthouse.’’ tection. He was dedicated to eradicat- half of Kansas. I thought it would be Mr. LAUTENBERG. Mr. President, I ing discrimination, ensuring adequate fitting to share an example with my am very pleased that today the Senate health care to those in need and boost- colleagues. Mrs. Rose Coughlin of Kan- ing public education. It has been said will recognize the contributions of my sas City, KS, shared with me her story many times, but for good reason, that dear friend and former colleague, How- about Senator Dole calling her just Howard brought not only his con- ard Metzenbaum, by approving this bill several weeks ago. Mrs. Coughlin, who science to the Senate, but also the designating the Federal Building suffers from polio, wrote to Senator courage to act on his convictions. Courthouse in Cleveland, OH as the Dole in mid-June just to pass along her Howard remains a good friend to me, deep appreciation and admiration of ‘‘Howard M. Metzenbaum United but was also a mentor and a teacher States Courthouse.’’ Ohio’s two Sen- his perseverance during his legislative during his years in the Senate. He gave career on behalf of Kansas despite his ators, Senator GLENN and Senator me good advice and plenty of it. And, I permanent injuries sustained during DEWINE, were original cosponsors of might add, he continues to do so today, World War II. this legislation, along with Senator which I welcome! But more than that, Much to her surprise, Senator Dole HATCH, when I introduced on June 5, his dedication to the office of United called her upon receiving the letter and 1997. States Senator is an example by which talked with her at some length, inquir- Mr. President, I proposed naming a to live. He stood tall for the little peo- ing about her condition. At the close of courthouse after Howard because a ple. her letter to me she says, ‘‘Needless to courthouse is a symbol of justice where Some will affectionately remember say he made my day.’’ Her letter is in- all people can come and be treated Howard as determined, argumentative, dicative of Senator Dole’s commitment equally under the law. Howard Metzen- and even irascible. I cannot deny that and caring for Kansans. baum deserves this honor because he those words come to my mind every Mr. President, S. 1000 has been en- was a dedicated public servant, who now and then when describing Howard. dorsed by Carol Marinovich, mayor of served his home State of Ohio for 18 He was always at his best then, and for Kansas City, KS, the location of the years in the U.S. Senate. Howard’s good reason. I heard it said by one Sen- soon-to-be Robert J. Dole U.S. Court- sense of fairness and equality for all ator, and not a good friend: ‘‘If there house. Americans led one of his former col- wasn’t a Metzenbaum here, we’d have I look forward to joining Senator leagues to suggest that Howard would to invent one to keep us alert.’’ Dole along with proud Kansans in the have made an exceptional U.S. Su- I have missed working with Howard near future for the dedication cere- preme Court Justice when he retired Metzenbaum in this great institution, monies. from the Senate in 1994. a place that has been truly enhanced The bill (S. 1000) was ordered to be Mr. President, naming a courthouse by his presence. I salute him on cele- engrossed for a third reading, read the after Howard is only a small gesture in brating his 80th year. third time, and passed; as follows: July 25, 1997 CONGRESSIONAL RECORD — SENATE S8159

S. 1000 ators LUGAR and HARKIN. The resolu- However in order to have fair trade, Be it enacted by the Senate and House of Rep- tion addresses an antidumping inves- we must insist that our trading part- resentatives of the United States of America in tigation being conducted by the Gov- ners live up to the obligations set forth Congress assembled, ernment of Mexico, on the import of in our trade agreements. This is vital SECTION 1. DESIGNATION OF ROBERT J. DOLE high-fructose syrup [HFCS] from the to facilitating the free trade that will UNITED STATES COURTHOUSE. United States. raise the standard of living for workers The United States courthouse at 500 State Mr. President, I have often come to and consumers worldwide. Avenue in Kansas City, Kansas, shall be the Senate floor to discuss the impor- I urge my colleagues to support this known and designated as the ‘‘Robert J. Dole resolution. United States Courthouse’’. tance of international trade to our ag- ricultural economy. American farmers Mr. President, I ask unanimous con- SEC. 2. REFERENCES. have become more reliant on global sent that the letter I referred to be Any reference in a law, map, regulation, markets for their income. The U.S. De- printed in the RECORD. document, paper, or other record of the Unit- There being no objection, the letter ed States to the United States courthouse partment of Agriculture estimates that referred to in section 1 shall be deemed to be 31 percent of farmers’ income will be was ordered to be printed in the a reference to the ‘‘Robert J. Dole United derived from foreign markets by the RECORD, as follows: States Courthouse’’. end of the decade. EXECUTIVE OFFICE OF THE PRESIDENT, Washington, DC, June 4, 1997. f Because American farmers are the most efficient in the world we should Alvaro Baillet, LLOYD D. GEORGE U.S. not be frightened by this trend. But we Jefe De La Unidad, Secretaria de Comercio y COURTHOUSE must be more vigilant than ever when Fomento Industrial, Av. Insurgentes Sur 1940 PISO II, Col. Florida, C.P. 01030 Mex- The bill (S. 1043) to designate the it comes to eliminating foreign trade ico, D.F. U.S. courthouse under construction at barriers. DEAR MR. BAILLET: The United States has the corner of Las Vegas Boulevard and Both the North American Free Trade recently been contacted by American pro- Clark Avenue in Las Vegas, NV, as the Agreement [NAFTA] and the Uruguay ducers of High Fructose Corn Syrup (HFCS) Round Agreement of GATT were suc- regarding the initiation of an antidumping ‘‘Lloyd D. George U.S. Courthouse,’’ investigation concerning their exports of was considered, ordered to be engrossed cessful for American farmers. They served to reduce or eliminate barriers HFCS to Mexico. Our producers are con- for a third reading, read the third time, cerned that the applicable like product in and passed; as follows: to trade in agriculture products to a the investigation is HFCS, that the inves- greater extent than any prior trade S. 1043 tigation was initiated without the support of agreement. The implementation and the Mexican producers of that like product, Be it enacted by the Senate and House of Rep- enforcement of these agreements will and that certain information about the resentatives of the United States of America in be crucial to American farmers. Mexican producers of HFCS known to the Congress assembled, That is why the recent actions of the Mexican authorities was not considered in SECTION 1. DESIGNATION OF LLOYD D. GEORGE Mexican Government are so disturbing. the initiation notice. UNITED STATES COURTHOUSE. We have reviewed information that indi- The United States courthouse under con- The Mexican Government has imposed cates that HFCS was produced in Mexico struction at the corner of Las Vegas Boule- unreasonably high, preliminary tariffs during the 1996 period of investigation. We vard and Clark Avenue in Las Vegas, Ne- on imports of HFCS from the United further understand that this information vada, shall be known and designated as the States. These tariffs are far in excess of was available to SECOFI and the Mexican ‘‘Lloyd D. George United States Court- what was negotiated under NAFTA. sugar chamber that submitted the applica- house’’. The justification for these tariffs is the tion for this antidumping investigation prior SEC. 2. REFERENCES. antidumping action filed by the Mexi- to SECOFI’s initiation of the investigation. Any reference in a law, map, regulation, The domestic producers of the like product can sugar industry. on whose behalf the antidumping application document, paper, or other record of the Unit- I and my colleagues are very con- was filed consequently would normally have ed States to the United States courthouse cerned with the propriety of this ac- included any such Mexican producers of referred to in section 1 shall be deemed to be tion. There have been questions raised HFCS. SECOFI’s initiation notice, however, a reference to the ‘‘Lloyd D. George United as to whether the action meets the does not reference these producers. It merely States Courthouse’’. standards set forth in the World Trade states, without support, that HFCS is not f Organization Agreement on Antidump- produced in Mexico. An investigation into allegations of dump- REGARDING MEXICO’S IMPOSITION ing. I will submit for the Record a let- ing can be extremely time consuming, expen- OF ANTIDUMPING DUTIES ON ter from the Deputy U.S. Trade Rep- sive and have commercial consequences even UNITED STATES HIGH-FRUCTOSE resentative, Ambassador Jeff Lang, before a preliminary or definitive measure is CORN SYRUP that outlines these serious concerns. in place. For this reason, and because the The resolution we introduced today Antidumping Agreement is explicit about Mr. HELMS. Now, Mr. President, I is very simple. It says that if the anti- the need for the authorities to examine the ask unanimous consent that the Sen- dumping action has not been conducted accuracy and adequacy of the evidence pro- ate proceed to the immediate consider- in accordance with WTO requirements, vided in the application, including that per- ation of Senate Concurrent Resolution it should be terminated immediately. tinent to the industry support needed for ini- 43 submitted earlier today by Senators tiation, we would appreciate your attention And all tariffs that have been imposed to this matter in time to minimize any un- GRASSLEY, LUGAR, and HARKIN. as a result of the action should be re- necessary impediment to U.S. exports of The PRESIDING OFFICER. The moved immediately. HFCS. clerk will report. If the Mexican Government refuses to Sincerely Yours, The legislative clerk read as follows: do this, the United States Trade Rep- JEFFREY LANG, A concurrent resolution (S. Con. Res. 43) resentative is directed to request con- Deputy United States Trade Representative. urging the United States Trade Representa- sultations with the Mexican Govern- Mr. LUGAR. Mr. President, in my tive immediately to take all appropriate ac- ment, under the dispute settlement home State of Indiana, corn refining tion with regard to Mexico’s imposition of provisions of the WTO. This action will adds substantially to the value of our antidumping duties on United States high trigger a resolution of this dispute ac- corn crop. On average, Indiana pro- fructose corn syrup. cording to WTO procedures. duces 800 million bushels of corn annu- The PRESIDING OFFICER. Is there Finally, if the Mexican Government ally. It is estimated that corn refin- objection to the immediate consider- fails to accept our request for consulta- ing—primarily through the production ation of the concurrent resolution? tions, Congress directs the USTR to of high-fructose corn syrup—adds There being no objection, the Senate take any and all applicable actions about $200 million to the value of Indi- proceeded to consider the concurrent under United States trade law. ana’s corn crop. In addition to enhanc- resolution. Mr. President, I am a firm believer in ing the value of our corn crop, corn re- Mr. GRASSLEY. Mr. President, free and open trade. It is never produc- fining results in the direct employment today I am offering this resolution tive to engage in a trade war with one of approximately 1,700 Hoosiers with an with my distinguished colleagues, the of our largest and most loyal trading estimated payroll of over $70 million. chairman and ranking member of the partners. And that is certainly not the It is for the above reasons that I join Senate Agriculture Committee, Sen- intent of this resolution. Senators GRASSLEY, HARKIN, DASCHLE, S8160 CONGRESSIONAL RECORD — SENATE July 25, 1997 and KERREY in introducing a concur- be agreed to, the preamble be agreed ORDERS FOR MONDAY, JULY 28, rent resolution instructing the United to, the motion to reconsider be laid on 1997 States Trade Representative to take the table, and that any statements re- Mr. HELMS. Mr. President, I ask the appropriate actions in regards to a lating to the resolution appear at this unanimous consent that when the Sen- preliminary imposition of antidumping point in the RECORD. ate completes its business today, it duties against United States exports of The PRESIDING OFFICER. Without stand in adjournment until the hour of high-fructose corn syrup to Mexico. objection, it is so ordered. 12 noon on Monday, July 28. I further These duties were imposed on June 25 Mr. HELMS. I thank the Chair. ask that on Monday, immediately fol- in response to a petition brought to the The concurrent resolution was agreed lowing the prayer, the routine requests Mexican Government by the sugar pro- to. through the morning hour be granted. ducers’ organization in Mexico. It will be the majority leader’s inten- Prior to our adoption of the North The preamble was agreed to. tion to then proceed to the consider- American Free-Trade Agreement The concurrent resolution (S. Con. [NAFTA], duties on high-fructose corn Res. 43) follows: ation of S. 830 regarding the FDA re- form. syrup were 15 percent. This year, under S. CON. RES. 43 our negotiated agreements, with The PRESIDING OFFICER. Without Whereas the North American Free Trade objection, it is so ordered. should have dropped to 9.5 percent. The Agreement (in this resolution, referred to as preliminary antidumping finding has Mr. HELMS. Mr. President, I further ‘‘the NAFTA’’) was intended to reduce trade ask that at 3 p.m. on Monday, there be disrupted the planned program for the barriers between Canada, Mexico and the duty reduction on this important agri- United States; 1 hour for morning business under the cultural product. Duties now in effect Whereas the NAFTA represented an oppor- control of Senator DASCHLE or his des- because of this decision are as much as tunity for corn farmers and refiners to in- ignee, and at 4 p.m. there be 1 hour for four to five times the pre-NAFTA lev- crease exports of highly competitive United morning business under the control of els. States corn and corn products; Senator COVERDELL. Mr. President, this case involves im- Whereas corn is the number one U.S. cash The PRESIDING OFFICER. Without portant matters of international trade crop with a value of $25,000,000,000; objection, it is so ordered. Whereas U.S. corn refiners are highly effi- policy and the interests of U.S. agricul- f cient, provide over 10,000 non-farm jobs, and tural producers. The preliminary find- add over $2,000,000 of value to the U.S. corn ing of the Mexican Government ap- crop; PROGRAM pears to be in violation of the World Whereas the Government of Mexico has Mr. HELMS. For the information of Trade Organization Agreement on initiated an antidumping investigation into all Members, on Monday it will be the Antidumping. This agreement requires imports of high fructose corn syrup from the leader’s intention to begin consider- that governments fully investigate al- United States which may violate the anti- ation of S. 830, the FDA reform bill. legations brought by private parties dumping standards of the World Trade Orga- Following debate on that issue, there nization; before opening government investiga- will be a period for morning business, Whereas on June 25, 1997, the Government tions. In this case, Mexico’s sugar in- to be followed by the Transportation dustry stated that there was no produc- of Mexico published a Preliminary Deter- mination imposing very high antidumping appropriations bill beginning at 5 p.m. tion of high-fructose corn syrup in duties on imports of United States high fruc- By a previous consent, any votes or- Mexico. This is inaccurate which tose corn syrup; dered with respect to the Transpor- means the Mexican sugar industry did Whereas there has been concern that Mexi- tation bill will be postponed to occur not have standing under WTO rules to co’s initiation of the antidumping investiga- at 9:30 a.m. on Wednesday. Therefore, file this case. tion was motivated by political pressure no votes will occur in Monday’s session Three years ago this chamber helped from the Mexican sugar industry rather than of the Senate. However, it is the hope take a major step toward creating a the merits of Mexico’s antidumping law: of the majority leader that the Senate Now, therefore, be it growing free-trade area in the Western could complete debate on the Transpor- Resolved, by the Senate (the House of Rep- Hemisphere. Passage of NAFTA was tation appropriations bill on Monday. not an easy matter, as you will recall. resentatives concurring), That it is the sense of Congress that— And, in addition, as announced by the However, those of us from agricultural majority leader, the next votes will be areas—with strong support from the (1) the Government of Mexico should re- view carefully whether it properly initiated a series of votes occurring on Tuesday U.S. corn industry—worked hard to this antidumping investigation in conform- at 9:30 a.m. on the Commerce, Justice, achieve its passage. ity with the standards set forth in the World State Department appropriations bill. With the passage of last years FAIR Trade Organization Agreement on Anti- Act, we reduced price and income sup- dumping, and should terminate this inves- f port for U.S. corn farmers. Increasing tigation immediately; ADJOURNMENT UNTIL MONDAY, exports is the only alternative for U.S. (2) if the United States Trade Representa- farmers to maintain a stable level of tive considers that Mexico initiated this JULY 28, 1997 farm income. One of the best ways to antidumping investigation in violation of Mr. HELMS. Mr. President, if there continue agricultures export perform- World Trade Organization standards, and if be no further business to come before ance is to ensure that unwarranted and the Government of Mexico does not termi- the Senate, I now ask unanimous con- nate the antidumping investigation, then the sent that the Senate stand in adjourn- unfair trade barriers are not erected. I United States Trade Representative should hope you will join me in supporting immediately undertake appropriate meas- ment under the previous order. this resolution. ures, including actions pursuant to the dis- There being no objection, the Senate, Mr. HELMS. Mr. President, I ask pute settlement provisions of the World at 3:08 p.m., adjourned until Monday, unanimous consent that the resolution Trade Organization. July 28, 1997, at 12 noon. July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1519 EXTENSIONS OF REMARKS

IN HONOR OF GEORGE GRENDA state. Staff writer James T. Yenckel, of the University. Tours and movies are used to en- Washington Post, recently tapped into this se- lighten visitors on the lives and works of these HON. DANNY K. DAVIS cret and embarked upon a 700-mile explo- two great men. As Yenckel discovered, it does not take long OF ILLINOIS ration into northeastern Alabama. He wrote about his experiences in a June 15th article for Alabama to win the hearts of those who IN THE HOUSE OF REPRESENTATIVES entitled ``Well, I've Come From Alabama With enter her borders. The people of Alabama are Thursday, July 24, 1997 a Brand New Point of View: The State Has a friendly and courteous. Tourists can enjoy Mr. DAVIS of Illinois. Mr. Speaker, I rise Lot to Offer.'' In his article Yenckel recognizes fresh seafood from the Gulf of Mexico. The today to thank George Grenda for his dedica- the historical richness of Alabama, as well as state offers a quiet alternative to your usual tion to the 4±H Club community of northern glorifies its natural beauty. vacation spot. Fish on the banks of one of the Cook County, IL. George Grenda was born in The state of Alabama deserves great ac- many rivers and lakes in Alabama, or hike 1938, raised in Chicago and suburban Cook claim for its natural beauty. The state contains through the numerous forests enjoying the County and has been employed by Country about 24 state parks and over 12 major rivers. natural splendor, or party in the downtown Co., as an insurance agent, for many years. Northern Alabama also lies on the foothills of area of the Magic City. Alabama has a little His current office is in Palatine, IL. the Appalachian Mountains. Yenckel dis- something for everyone! George has participated in 4±H activities for cusses his visits to several of these state I am including the Washington Post article over 20 years in north suburban Cook County. parks and national monuments. Among those for your reading pleasure. He and his wife Zola first became involved included is Little River Canyon National Pre- [From the Washington Post, June 5, 1997] with 4±H when they chaperoned a group of 4± serve, which offers a breathtaking drive along WELL, I’VE COME FROM ALABAMA—WITH A H'ers in an exchange with West Virginia. the rock-filled canyon and a view of the water- BRAND NEW POINT OF VIEW: THE STATE HAS Since 1991, George has served on the Chi- fall which spills down the cliff side. A LOT TO OFFER cago-County 4±H Foundation Board of Trust- Guntersville State Park is located in the north- (By James T. Yenckel) ees. In 1994, he was elected to the position of eastern corner of the state. Guntersville is a I was lost, plain and simple. Somewhere on small town surrounded on three sides by the the empty, scenic back roads of northeastern vice president, Financial Development. In that Alabama, I’d made a wrong turn. My map capacity he has regularly encouraged 4±H vol- beautiful Lake Guntersville. Here travelers can yielded no help, and I’d even lost my sense of unteer trustees to raise money by making calls enjoy swimming, fishing, hiking and golfing direction. Then I spotted a delivery truck even if it meant taping the phone to their hand amount other things. Other parks, such as headed toward me, and I decided to flag the until the job was done. He related that he Desoto Caverns and the Talledega National driver down to ask for directions. But he was made himself do just that when starting out as Forest offer wonderful natural beauty which slowing anyway, and as he pulled to a stop an insurance salesman. can only be property appreciated up close and he asked, ‘‘Where am I?’’ I laughed and ad- In the late eighty's when George was presi- personal. mitted I wanted to know the same myself. From a historical standpoint, Alabama has We joked briefly about our predicament, and dent of the North Cook County 4±H Fair then drove off in opposite directions. Board, he always auctioned off cakes made done a wonderful job of preserving landmarks Getting lost can be annoying and even by 4±H'ers to raise money at a Knight of Co- and monuments. Throughout Guntersville you frightening, but it’s also comforting to find lumbus event. Because George would try to may hike along the actual trails that the Cher- that America still offers odd nooks where raise the amount by bidding on the cakes him- okee Indians used when the land was theirs. getting lost remains possible. And Alabama self, he always got stuck buying at least one Russell Cave is a giant cave carved into the definitely is one of them, as I discovered on side of a cliff. Thousands of years ago Indians a five-day driving trip last month through or two of the cakes. lovely lake and mountain country, stopping Another one of George's presidential duties used this cave to escape from the cold. There at several fascinating national historical during his 6-year tenure, was to provide lead- are human skeletal remains in this cave which sites. ership in running the annual lemonade stand date back more than 6,000 years. Yenckel Why Alabama? I doubt it has ever ranked at the 4±H Fair. Needless to say, George was mentions the visitor's center which displays high on many vacation lists—mine included, very good at first, carrying water; two squeez- tooth ornaments, bone needles, shell beads, in part because of lingering memories of the ing lemons; three mixing lemonade; and four and bone fishhooks, along with other artifacts. angry clashes that marked the civil rights Along the same lines, visitors can encounter movement within the state. But I really collecting money. wanted to put this past in the past and learn In 1996, George acted as chairman of Horseshoe Bend National Military Park. This what the Alabama of today offers visitors. I FORE for 4±H Foundation Golf Tournament to site contains the battlefield on which Andrew often find that offbeat pocket of America— raise money for the 61,000 4±H'ers in Cook Jackson defeated the Creek Nation in 1814, their local lore and geography—offer many County. George was credited with spearhead- and ensured himself a position as president of more rewards than disappointments. North- ing this successful event which netted over the United States. eastern Alabama proved no exception. $5,000 for 4±H youth in Cook County. The most profound historical significance in Much of the landscape here is surprisingly the state of Alabama lies in the history of the mountainous—dotted with plentiful lakes For his countless hours committed to youth, that obviously attract a lot of fisherman. I their families, and communities, I would like to Civil Rights Movement. The state is develop- saw them everywhere, casting from shore or join all of the many volunteers and 4±H Staff ing a civil rights trail which would identify key putt-putting about in their small motor- in thanking George for his distinguished serv- sites and individuals associated with the boats. One afternoon, I drove on the rim of ice and unmatched effort. movement. One of the nation's largest Civil the 35-mile-long Little River Canyon, a near- f Rights museums is the Civil Rights Institute lo- wilderness where waterfalls cascade down cated in Birmingham, Alabama. In central Ala- the cliffside into the splashing Little River. TRIBUTE TO THE STATE OF bama, visitors have the opportunity to visit his- At one point, I watched a group of kayakers ALABAMA preparing to launch into the rapids. Recently torical Tuskegee Institute. Here, tourists learn made a national parkland, the canyon is one of the lives of two men pivotal to African- of the deepest east of the Mississippi. HON. EARL F. HILLIARD American history, Booker T. Washington and My 700-mile itinerary took me to Russell OF ALABAMA George Washington Carver. Both men de- Cave National Monument, where a short hike leads to two large limestone caverns in IN THE HOUSE OF REPRESENTATIVES voted a large part of their lives toward the im- provement of living and working conditions of which archaeological digs have revealed Thursday, July 24, 1997 human habitation dating back more than rural southerners, especially blacks. The 8,000 years; to Horseshoe Bend National Mili- Mr. HILLIARD. Mr. Speaker, one of the na- George Washington Carver Museum and the tary Park, the battlefield on which Andrew tion's most well kept secrets is the state of Oak's, the home of Washington when he Jackson defeated the Creek Nation in 1814 Alabama. Few people know of the wonderful served as president of Tuskegee, are both his- and put himself on the road to the presi- splendors and rich history contained within this toric sites located on the campus of Tuskegee dency; and to Tuskegee Institute National

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1520 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 Historic Site, which honors Booker T. Wash- Monument, a relaxed two-hour drive north- State Park Resort offers more woodsy lodg- ington, the predominantly black college’s east along the scenic west bank of ings with a view. founding president, and George Washington Guntersville Lake and the Tennessee River, My particular interest on this leg of my Carver, its famed agricultural scientist. which feeds it. The monument’s historical trip, however, was Horseshoe Bend National Tuskegee made the news last month when significance is reason enough to go, but the Military Park, the now quiet, shady site of President Clinton apologized on behalf of the views are especially agreeable, too. Lime- the bloody 1814 battle in which Andrew Jack- American government for a misguided study stone cliffs, dripping in verdant foliage, soar son’s militia army swept to easy victory there of untreated syphilis in black men that above a tumbling stream that gushes from over the defending Creek Nation. On this began in 1932 and continued for years. The an underground spring and then, moments day, the battlefield, located south of the historic site, however, highlights a more in- later, disappears into the deep, labyrinthine Talladega forest in the midst of rolling farm- spirational story out of the institute—one in cavern adjacent to Russell Cave. The setting, land, seemed altogether unmilitary. Instead which Washington and Carver dedicated at the end of a remote five-mile-long valley of combatants, I came upon a large flock of their lives to improving the living conditions called Doran Cove, looks as if it has changed wild turkeys. and surroundings of Southern farm and rural little over the ages. The visitor center tells the story well. Dur- people. Russell Cave itself is like a giant arched ing the War of 1812, the Creek Nation, occu- The message is compelling, and I lingered room, 26 feet high, carved into a cliffside. pying much of what is now Georgia and Ala- on the campus for hours absorbing as much More than 8,500 years ago, bands of Indians bama, became divided over whether to fight as I could. Perhaps its upbeat nature ac- began using the cave as shelter from the win- the encroachment of white settlers or try to counts for recent visitor statistics that put ter cold, according to archaeological studies. coexist with them. In the upheaval, the mili- Tuskegee at the top of Alabama’s list of Human skeletal remains dating back more tant Creeks attacked Fort Mims, just north most popular attractions, beating out even than 6,000 years have been found buried in- of Mobile, and killed 250 settlers; in response, the U.S. Space and Rocket Center in Hunts- side, and the monument’s visitor center dis- Andrew Jackson called out the Tennessee ville. Regardless of the history, the campus plays bear tooth ornaments, bone needles, militia. The Creeks gathered on a 100-acre is a pretty place of stately red-brick build- shell beads, a bone fishhook and other arti- peninsula formed by a horseshoe bend of the ings and rolling, tree-shaded hills. Washing- facts uncovered there. Few sites anywhere in Tallapoosa River, fortifying the peninsula’s ton’s imposing home, built by the institute’s North America offer such a long record of oc- open end with a log barricade. students and faculty, is open to tours. cupancy. Their strategy is easily understood and the From the outset, I found the quiet lake Along with the history lessons, visitors are geography readily viewed. The militants ex- views and winding, wooded roads along my invited to climb the nature trail over pected the river, encircling them on three route appealing, and I quickly rearranged Montague Mountain, which highlights the sides, to provide protection behind them my plans to skirt Alabama’s biggest cities ecology of a typical Southeastern forest. The while they formed a strong defense of the log and stick to the countryside. I spent three of climb is steep, and signs warn to beware of barricade. Jackson bombarded the barrier, my four nights on the road in two state park rattlesnakes—I stomped noisily several but his quick victory came when his Chero- lodges, where my rooms—both quite reason- times so as not to surprise any. But in May kee allies—along with accommodating ably priced at less than $65—provided pleas- the wildflowers were in glorious bloom, and Creeks—crossed the Tallapoosa in canoes ant lakeside panoramas. At sunset one I appreciated the little informational signs and attacked from the rear. The militants evening, two geese waddled past my patio, pointing out beech, hickory, oak and other lost 800 of their force of 1,000; the Creeks trailing a string of goslings. varieties of trees. The Indians used oak for were forced to cede 20 million acres of their I tend to favor trendy restaurants with in- ancestral lands to the U.S. government (out novative menus, but in rural Alabama, I was their fires, the signs explained, and hickory for their spear shafts, because the branches of which the state of Alabama was created in out of luck. Nonetheless, I dined nicely on 1819)—and Jackson took a giant step forward simple, old-fashioned Southern cooking— grow straight. En route back to Guntersville, I crossed on his road to the presidency. much of it fried: fried pork chops, fried the Tennessee River and headed for the Lit- A short driving tour and a nature trail loop shrimp and fried catfish, to be exact. I did tle River Canyon National Preserve, another onto the peninsula, passing a line of white opt for wine over the South’s inevitable iced stakes that mark the site of the barricade national parkland located just east of the tea, however, which boosted the price of each and approaching the river at several points. town of Fort Payne. Purchased by the Na- dinner to about $20, including tax and tip. On the day I was there, the river, from 200 to tional Park Service five years ago, the pre- This trip was definitely easy on the budget. 600 feet wide, flowed high, fast and muddy. serve still provides only a minimum of facili- Eager as I was to visit a part of the coun- Under similar conditions, I wondered, would ties. Nevertheless, the Canyon Rim Drive try unknown to me, I still felt a certain trep- Jackson’s stealthy canoes have been able to yields the sort of spectacular, rock-filled idation. Alabama’s sometimes brutal resist- maneuver across so successfully? ance to integration during the civil rights canyon vistas more often seen in the West. Although I had to drive an hour or so out battles remains a vivid picture in my mind. At several overlooks, soon to be paved, the of my way, I had been so pleased with my ac- Would I, a Northerner from the nation’s cap- roar of rushing water echoes from between commodations at Guntersville State Park ital, be unwelcome? One value of travel is the canyon walls. A waterfall here and there that I headed farther to the south for the that it exposes the foolishness of such fears. spills down the cliffside. night to Lakepoint Resort State Park just Everyone I met—without exception—proved The canyon and its tumbling stream at- north of Eufaula, where I enjoyed another friendly and helpful. tract canoeists, kayakers and rafters, but room with a fine lake view. After an early In the little lakeside town of Guntersville, the park service warns this is territory safe- dinner of barbecued pork ribs and lemon me- I stood in line at the checkout counter at the ly navigated only by the very experienced. ringue pie, I strolled along the lakeshore local Foodland discussing spring allergies—a Less adventurous visitors can splash in a watching a bright orange sunset. Some of problem the woman in line in front of me, stream pool at the just rebuilt Canyon the local folks had cast lines into the water. the sweet little gray-haired clerk and I dis- Mouth Park, a picnic area at the southern ‘‘The crappie have been biting good here,’’ an covered we shared. This has been a particu- tip of the preserve, where there is a sandy elderly fisherman informed me. larly bad spring, we agreed. And then, as the beach. Perhaps because the preserve is so lit- In today’s world of seemingly unrelenting clerk handed me my sinus medication, she tle known yet, I had it almost to myself for sleaze, I found that my spirit welcomed the reached over the counter and patted the the afternoon. noble stories of Booker T. Washington and back of my hand in a most grandmotherly I had hoped to stay at the lodge at DeSoto George Washington Carver, who dedicated fashion. That spontaneous, sympathetic ges- State Park Resort, just north of the pre- their lives to improving the living and work- ture instantly won my heart. I like the Ala- serve, but a refurbishing project had been ing conditions of rural Southerners—in large bamians I met. temporarily delayed, and the lodge wasn’t part black Southerners. The tales are told Guntersville, a quiet little town wrapped yet open for the season. Ah well, I was quite with dignity and respect at Tuskegee Na- on three sides by Lake Guntersville, was my content to spend a second night in my room tional Historic Site. first stop. About an hour’s drive south from with a view at Lake Guntersville State Park. Born a slave, Washington became the the Huntsville airport, it nestles in the roll- This evening, I dined nicely on a heaping founding president of Tuskegee Institute in ing green foothills of the Appalachian Moun- plate of deep-fried butterfly shrimp from the 1881, literally building it from scratch. Lo- tains. I’d booked two nights at the 100-room Gulf of Mexico. And, yes, I could manage a cated on the outskirts of the small farm State Lodge at Lake Guntersville State slice of pecan pie, heated and served with a community of Tuskegee, the campus has Park, an appropriately woodsy structure of big scoop of vanilla ice cream. grown to a major complex occupying more stone and timber perched on a high, forested Leaving Guntersville behind the following than 5,000 acres and enrolling more than 5,000 bluff overlooking the lake. It made a pleas- day, I drove south through Anniston to the students. Carver, also born a slave, was in- ant spot from which to tour the surrounding Talladega National Forest, which is traced vited by Washington in 1896 to head the countryside. And awaiting my return in the for 23 miles by the officially designated U.S. school’s new agriculture department, bring- afternoon was a sandy swimming beach and Forest Service Talladega Scenic Drive. A ing fame and honor to Tuskegee with his woodland hiking trails that two centuries two-lane highway, it wiggles along the crest practical research. He developed countless ago may have guided the Cherokee Indians of Horseblock Mountain presenting splendid profitable new uses for local crops, including whose land this once was. valley panoramas to the left and right, much peanuts. My primary sightseeing goal in this corner like Shenandoah National Park’s Skyline The national historic site, a part of the of the state was Russell Cave National Drive in Virginia. Atop the ridge, Cheaha campus, maintains the George Washington July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1521 Carver Museum, which details the achieve- the decor proved surprisingly elegant and ent, the organization is fully aware that a vi- ments of both men; the Oaks, Washington’s the picture window views were great. Menus sion for the future is necessary for continued home as president, where hourly escorted stuck to standard fare—steaks, chops, fried growth and service. Hoosier Boys' Town's vi- tours are offered; the graves of Washington chicken, local fish and pasta—simply but sion includes the expressed goal of becoming and Carver, situated on a shady slope next to tastily prepared. Wine and beer are avail- the Chapel; and a self-guided walking tour of able. A full meal with salad, dessert, two the premier residential treatment facility in 27 historic buildings. glasses of wine, tax and tip came to about $20 northwest Indiana for children and their fami- In the museum, I was intrigued by the Ag- to $22 per person. A fully country breakfast lies. In order to achieve this goal, the organi- riculture School on Wheels, a large brown (juice, two eggs, sausage, hash browns, toast, zation is launching its first ever Capital Cam- van that toured the Alabama countryside, coffee), tax and tip included, was less than $6 paign, which is expected to raise the $2.5 mil- bringing knowledge of new agricultural tech- per person. lion needed to build a multipurpose building, niques to farmers who could not attend the f serving as both an education and dining facil- institute. In the beginning, Carver got about ity. Currently, Hoosier Boys' Town educate 40 in a horse-drawn carriage. At the Oaks, rang- TRIBUTE TO HOOSIER BOYS’ TOWN er Christine Biggers, the tour leader, noted to 50 young people each day and serves ap- that Washington always dined formally—and proximately 400 meals daily. on campus during his tenure, student meals HON. PETER J. VISCLOSKY Mr. Speaker, I ask you and my other distin- also were formal occasions. In this way, she OF INDIANA guished colleagues to join me in commending said, the institute trained the young people IN THE HOUSE OF REPRESENTATIVES Hoosier Boys' Town on the occasion of its in ‘‘manners, social skills and personal hy- Thursday, July 24, 1997 50th anniversary celebration. The hard work giene.’’ The visitor center at the museum presents Mr. VISCLOSKY. Mr. Speaker, it is my and dedication everyone involved with this dis- two movies, one focusing on Washington and pleasure to extend my sincere congratulations tinguished organization has put forth is truly the other on Carver, and neither should be to Hoosier Boys' Town as it celebrates its 50th inspirational. missed. Under Washington, as the movies anniversary. In particular, I would like to con- point out, a major objective at Tuskegee was gratulate Hoosier Boy's Town Executive Direc- f to train students in practical skills they tor, Anita Dygert-Gearheart, board of directors, could market in the rural South. As part of IMMEDIATE REAUTHORIZATION OF their instruction, they helped build the cam- staff, and volunteers, who should be proud of the outstanding service their efforts have pro- THE MIDDLE EAST PEACE FA- pus, which meant making the red bricks used CILITATION ACT there. But for a time this goal—and Wash- vided the young people of Indiana's First Con- ington himself—became a target of sharp dis- gressional District. Hoosier Boys' Town is be- sent in the black community because, the ginning its 4-day anniversary celebration today critics argued, it (and he) slighted the stu- on its campus in Schererville, IN. The Hoosier HON. JOHN D. DINGELL dents’ intellectual growth. Boys' Town Board of Directors, residents, OF MICHIGAN As we stood on the porch of the Oaks after staff, former residents, friends, and volunteers, IN THE HOUSE OF REPRESENTATIVES the tour, I asked Biggers, who is black, what have invited the general public to join them in today’s students, a majority of whom are celebrating the organization's 50 years of Thursday, July 24, 1997 black, now think about Washington and his service and commitment to the communities of and Carver’s work. She answered without a Mr. DINGELL. Mr. Speaker, the United northwest Indiana. pause: ‘‘They think what he did was great.’’ States has acted boldly in the pursuit of Mid- Founded in July 1947, Hoosier Boys' Town I couldn’t have asked for a more upbeat end- dle East peace for several years under two was established by a beloved priest from East ing to my Alabama drive. administrations. The Middle East Peace Facili- ALABAMA WAYS & MEANS Chicago, IN, Msgr. Michael Compagna, in an effort to help disadvantaged youth fully utilize tation Act of 1993 [MEPFA], which allows our GETTING THERE: To explore north- ``their God-given potential.'' Msgr. Compagna's Government to recognize the Palestinians, eastern Alabama, I flew into Huntsville and work with them, and provide them the help out of Montgomery. But to save on the cost vision was to create a village composed of small cottages, with facilities offering emotion- they need to establish security and work for a of a rental car drop-off charge, you could peaceful existence with Israel, will expire on easily plot a loop drive covering the same ally disturbed boys a supportive and loving territory from either Huntsville, Bir- family environment. After 3 years of internal August 12. mingham or Montgomery—depending on debate, Hoosier Boys' Town became a reality At this moment, there are quiet efforts to re- which destination gives you the best air fare. as it opened in the form of a home for dis- sume constructive diplomacy between the Is- Huntsville is served from the Washington advantaged boys, where Father Compagna's raelis and the Palestinians. The United States area by American, Delta, Northwest and US mission of providing a healthy environment for is trying to bridge differences and refocus talks Airways. US Airways, which offers some children in need materialized through the ad- on the true goals first agreed to in the Oslo nonstop commuter flights out of Washington National, currently is quoting a round-trip ministration's guiding beliefs in individual worth Accords. However, within the next few days fare of $209, based on a 21-day advance pur- and the value of education and community. this body is likely to let MEPFA expire while chase. Over the years, Hoosier Boys' Town has considering whether to cut off all United States WHEN TO GO: Spring through fall. I en- upheld Monsignor Campagna's mission assistance to the Palestinians, leaving no in- joyed early May, because days were sunny through its continued devotion to children at centive to work with our Government to and mild and I avoided the summer crowds. risk of failing in society. The organization cur- achieve peace. In fact, the expiration of WHERE TO STAY: In northeastern Ala- rently administers an array of programs MEPFA will mean that any United States con- bama, four state parks—Lake Guntersville, geared toward children experiencing problems tact with the Palestinian Authority is illegal DeSoto, Cheaha and Lakepoint—offer attrac- of neglect, abuse, chemical dependency, after August 12. tive, moderately priced and conveniently lo- abandonment, and learning disability. Count- cated accommodations in scenic settings. Rather than completely obstructing our ad- Depending on the resort, you can choose to less youths and their families find a caring ministration at this most crucial stage by pun- stay in a hotel room, a chalet or a cabin. haven in the community-based residential, ishing the Palestinians, I believe it is in our Lake Guntersville and Lakepoint are lake educational, and treatment centers of Hoosier own best interest to extend MEPFA for an- parks with fishing, boating, tennis and a Boys' Town, which focus on the enhancement other 180 days so we do not risk the loss of swimming beach. Lake Guntersville, the fan- of body, mind, and spirit. Hoosier Boys' Town peaceÐor worse yetÐthe resumption of war. ciest of the four, also boasts an 18-hole golf success in positively changing the lives of course. DeSoto and Cheaha are mountain young people has not gone unnoticed, for the I am, therefore, introducing a bill with Rep- parks, although Cheaha does feature a swim- organization has recently received accredita- resentative RAHALL to extend MEPFA for 6 mable lake. All four parks operate swimming tion of its services by the Council on Accredi- months. I urge my colleagues to cosponsor pools and other resortlike facilities. tation of Services for Families and Children, this bill, and if at all possible, for this body to Depending on the park, a hotel room for Inc. Accreditation attests that the services pro- extend MEPFA before we leave for the August two ranges from $44 to $60 a night. For infor- recess. mation or reservations, call 1–800–ALA– vided by Hoosier Boys' Town fulfill the com- PARK (1–800–252–7275). munity's needs in a safe, professional, and MEPFA was approved by Congress to allow WHERE TO EAT: I ate breakfast and din- quality-conscious manner. the administration to have the tools it needs to ner daily in the park dining rooms. At Lake While the progress Hoosier Boys' Town has promote peace. It has twice been extended. Guntersville and Lakepoint, where I stayed, made from the time of its inception is appar- We must not let this authority lapse. E1522 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 DEPARTMENTS OF VETERANS AF- of displaced low income families and the el- Our Nation, the Department of Defense, the FAIRS AND HOUSING AND URBAN derlyÐare not a viable or cost-effective sub- U.S. Air Force, and his family can truly be DEVELOPMENT, AND INDEPEND- stitute for this important housing stock. Vouch- proud of the colonel's many accomplishments. ENT AGENCIES APPROPRIATIONS ers will not protect the physical housing stock, He is a man of extraordinary talent and integ- ACT, 1998 nor will they guarantee the current residents rity. While his honorable service will be genu- any long-term security because it is dependent inely missed in the Department of Defense, it SPEECH OF on annual congressional appropriations. gives me great pleasure to recognize Col. Wil- HON. LUCILLE ROYBAL-ALLARD The HUD-VA Conference Committee has liam D. Cummings. On behalf of the citizens of consistently recognized the value of the Pres- the Sixth District of North Carolina, we wish OF CALIFORNIA ervation Program and provided adequate him all the best in his future endeavors. IN THE HOUSE OF REPRESENTATIVES funds over the past 2 years. I rise to ask the f Wednesday, July 16, 1997 conference committee to mirror the sensible SUPPORT VICTIMS OF FLOODS IN The House in Committee of the Whole and cost-effective efforts of past years and POLAND House on the State of the Union had under fund the Preservation Program at a level of consideration the bill (H.R. 2158) making ap- $350 million for fiscal year 1998. propriations for the Departments of Veter- f HON. ROD R. BLAGOJEVICH ans Affairs and Housing and Urban Develop- OF ILLINOIS ment, and for sundry independent agencies, TRIBUTE TO COL. WILLIAM D. IN THE HOUSE OF REPRESENTATIVES commissions, corporations, and offices for CUMMINGS Thursday, July 24, 1997 the fiscal year ending September 30, 1998, and for other purposes: Mr. BLAGOJEVICH. Mr. Speaker, today I HON. HOWARD COBLE rise to bring news of the severe flooding that Ms. ROYBAL-ALLARD. Mr. Chairman, I OF NORTH CAROLINA has ravaged Poland. As we speak, the people congratulate Chairman LEWIS and Ranking IN THE HOUSE OF REPRESENTATIVES of Poland and much of Eastern Europe are Member STOKES on producing a bipartisan bill Thursday, July 24, 1997 struggling bravely to resist the brute forces of with broad support in the House. nature as the flood waters continue their unre- However, Mr. Chairman, I would like to Mr. COBLE. Mr. Speaker, I rise to recognize lenting rise. So far, dozens of innocent people highlight the multi-Family Preservation Pro- the dedication, public service, and patriotism have died in what is being described as East- gram in the hopes that the HUD-VA Con- of Col. William D. Cummings, U.S. Air Force, ern Europe's worst tragedy since Chernobyl. ference Committee will appropriate funding for on the occasion of his retirement after a ca- As survivors of the floods can tell you, the this essential program. This program is very reer of faithful service to our Nation. Col. Bill worst part is the wait; the slow, anguished wait important to low-income communities not only Cummings' strong commitment to excellence as the flood waters slowly consume these in my congressional district but throughout the will leave a lasting impact on the vitality of our peoples' homes, their businesses, their prop- Nation because it is critical to maintaining our modern warfighters, commanding admiration erty. The wait as an entire life sinks below the country's dwindling affordable rental housing and respect from his military and civilian col- muddy ripples of the flood. supply. leagues as well as Members of Congress. Thankfully, compassion is not dead in our The Preservation Program keeps housing Colonel Cummings of Summerfield, NC, is a society, and countless concerned Americans, affordable for low-income families, the dis- graduate of East Carolina University. He is many of Polish descent, have heeded Po- abled and the elderly by allowing private own- serving his last assignment in the Air Force as land's desperate cries for help. In my own ers to transfer their rental properties to tenant- Deputy for Program Integration and Congres- home town of Chicago, churches and commu- endorsed nonprofits who will continue to serve sional Activities, Deputy Chief of Staff, Air and nity organizations have responded to the call this vulnerable residential population. As a Space Operations, in the Pentagon. for flood relief. I have been happy to be able consequence of HUD's Preservation Program, After earning his pilot's wings at Vance Air to assist local leaders and communities in the over 800,000 units of affordable housing have Force Base, OK in 1968, Colonel Cummings effort to get disaster relief to those who need been preserved. worked as a C±130 pilot at Sewart Air Force it most. Currently, there are 260 projects nationwide, Base in Tennessee. As an AC±130A gunship While the response so far has been impres- consisting of more than 29,000 units, that aircraft commander in Thailand, Colonel sive, the need is still greater. Congress cannot need funding to avoid their conversion to mar- Cummings accumulated 118 combat missions stand idly by in Poland's time of need. It has ket-rate rentals and prevent the displacement during the Vietnam War with the 8th Tactical been less than a decade since Poland threw of thousands of low-income tenants. Fighter Wing. After returning to the United off the shackles of communism. The damage The Preservation program continues to have States he was assigned as a tactical airlift di- from these floods threatens the gains Poles solid bipartisan support. As recently as June rector, and in June 1982 he was selected to have made in building a free and prosperous 20th, I joined 27 of my California colleagues command the 375th Transportation Squadron. society. from both sides of the aisle in sending a letter Just 4 years after he was named senior air- The Polish American Congress Charitable of support for the Preservation Program. In lift controller, Colonel Cummings became vice Foundation as well as the American Red our letter, we stressed that California alone commander for the 322d Airlift Division at Cross are spearheading efforts to channel re- has 25 percent of the country's unfunded Ramstein AB, Germany in 1991. As com- lief from America to needy families in Poland. preservation properties. This represents ap- mander of the 621st Air Mobility Support These contributions will help provide food, proximately 5,000 units awaiting preservation Group, he directed strategic airlifts in 12 coun- medicine and shelter to victims of the flooding. funding in California alone. tries through Europe and Saudi Arabia. Upon Please call the Polish American Congress at The Preservation program has been criti- his return to the United States he assumed his (773) 763±9944, or the American Red Cross cized as being too expensive and many ref- current responsibility of Deputy for Program at 1±800±435±7669 (1±800±HELP±NOW), to erences have been made to a pending GAO Integration and Congressional Activities for find out what you can do to help. I urge all report, which is critical of the program. While Deputy Chief of Staff, Air and Space Oper- Americans to heed the urgent call for disaster there have been some high costs associated ations. relief in Poland. with the program, the fact is that it is relatively The colonel is a command pilot with over f inexpensive. In its findings, GAO cities almost 3,000 flying hours. His military decorations in- A DEMOCRATIC VIEW ON HONG exclusively the high cost preservation projects, clude the Legion of Merit, the Distinguished KONG which are not representative of the entire Flying Cross with one oak leaf cluster, the De- group of properties in the national queue. fense Meritorious Service Medal, the Meritori- While I have no doubt that the GAO findings ous Service Medal with three oak leaf clusters, HON. GERALD B.H. SOLOMON are accurate for the small sample studied, this the Air Medal with seven oak leaf clusters, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES report does not mean that Congress should and the Air Force Commendation Medal. He make hasty or ill-advised conclusions about has also received the Outstanding Unit Award Friday, July 25, 1997 the program's overall true costs to the tax- with ``V'' for valor and five oak leaf clusters, Mr. SOLOMON. Mr. Speaker, over the past payer based on an unrepresentative sampling. the Organizational Excellence Award, the month, we have been subjected to a barrage It is important to note that temporary en- Combat Readiness Medal, the Vietnam Serv- of Communist Chinese propaganda on the re- hanced vouchersÐwhich are being proposed ice Medal with two service stars, and the Re- version of Hong Kong to China. The Com- to mitigate the loss of housing for thousands public of Vietnam Gallantry Cross with palm. munist Chinese view was amply covered in July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1523 the Western media. And in New York City, the fied one day still remain separate political dents in aquatic science. In testimony before Communist Chinese were allowed to put on a entities. the Senate, Dr. Beeton helped to shape poli- parade which glorified the takeover. Democracy has become a world trend, and cies that initiated the restoration of the Great is without doubt the greatest achievement of I would like to submit for the RECORD a mankind this century. One reason civiliza- Lakes. He served for 10 years as director of viewpoint on Hong Kong by a democratic Chi- tion continues to progress is that we have the Great Lakes Environmental Research Lab nese individual, who happens to be the Presi- the courage to realize our dreams, and we [GLERL] in Ann Arbor, MI, helping to shape dent of Taiwan. President Lee has eloquently have the heart to care about each other and NOAA's mission on the United States' fourth described in USA Today how democratic Tai- provide mutual support. We must continue coast. wan, and not totalitarian Communist China, to uphold this spirit and sentiment, so that It was during his tenure as GLERL's director represents the model for the future of Hong democracy ultimately becomes the common that I came to know Al Beeton personally. My Kong and indeed, China itself. way of life of all humanity. May people liv- district in Ohio is entirely within the Great ing in every corner of the global village Lakes basin, and includes the largest portion [From the USA Today, June 30, 1997] enjoy democracy! of Ohio's Lake Erie shoreline of any Ohio con- TAIWAN YIELDS MODEL FOR A FREE HONG Thus, we cherish the young buds of democ- racy of the Chinese mainland. Certain forms gressional district. Thus, the quality of the KONG Great Lakes environment is inextricably tied to (By Lee Teng-hui) of election in rural townships and villages have spread on the mainland in recent years. the quality of life for my constituents. Dr. Today, the era of colonial rule will come to We are happy to see it succeed and call on Beeton has served as the embodiment of insti- an end in Hong Kong. This is a proud event the Chinese mainland authorities to show tutional memory for Great Lakes environ- for all Chinese wherever they are, and offers the courage and determination to boldly mental issues. Al Beeton has been the person a new opportunity for creating a democratic take the grand route to democracy. Join Chinese nation. We earnestly hope that the my staff could always turn to for an honest as- with us and bring democracy to all of Chi- sessment of the status of our great natural re- Beijing authorities will be able to maintain nese society, seeking everlasting well-being the prosperity and stability of Hong Kong, source. and peace for the Chinese people! During the past several years of fiscal re- and will ensure that the people of Hong Kong Unquestionably, if Taiwan can achieve de- continue to enjoy freedom, democracy and mocracy, then Hong Kong should be able to straint, GLERL has faced a flat Federal con- basic human rights. This is the only way to maintain democracy, and there is no reason tribution to its budget. This has meant a loss act in accord with the joint values and why the Chinese mainland can not do every- of staff and reprioritization of the lab's re- trends of mankind today, regional peace and thing possible to head in that direction. This search programs. At the same time, interest in development, and the common dignity and is the true way to solve the China problem. the restoration of Great Lakes resources has interests of all Chinese people. In the 21th century, Mankind will cer- steadily increased. Threats to the Great Lakes Taiwan’s experience offers reason for opti- tainly prove that ‘‘All roads lead to Democ- from invading species and persistent toxins mism. racy! A little more than one year ago, the Re- have been a continuous scourge and are not public of China successfully held a direct f made less serious by Congress' intent to con- presidential election on Taiwan, completing trol the Federal budget. Throughout this pe- a crucial objective of our political reform. At HONORING DR. ALFRED M. riod, Dr. Beeton has successfully led GLERL's the time, the concept of constitutional gov- BEETON, ACTING CHIEF SCI- efforts to study problems as large as the con- ernment stressed by Americans over two- ENTIST OF NOAA, UPON HIS RE- trol of zebra mussels and the instantaneous hundred years ago kept coming to my mind: TIREMENT forecasting of weather on the coastlines. As a ‘‘. . . all Men are created equal, . . . they are result, we have a much better handle on how endowed by their Creator with certain to protect the lakes and live safely on their unalienable Rights, . . . among these are HON. STEVE C. LaTOURETTE Life, Liberty and the Pursuit of Happiness OF OHIO shores than a decade ago. .. . to secure these Rights, Governments are IN THE HOUSE OF REPRESENTATIVES In 1996, Dr. Beeton planned to retire from instituted among Men, deriving their just Friday, July 25, 1997 his long and successful career and perhaps to Powers from the Consent of the Govern- enjoy the fruits of his labor while sailing. The ment.’’ Mr. LATOURETTE. Mr. Speaker, I rise today Commerce Department tapped Dr. Beeton to Indeed, with the joint effort of the entire to acknowledge and pay tribute to a scientist serve as Acting Chief Scientist of NOAA and populace and their government, the Republic who has worked tirelessly for over 40 years to he began this new chapter in his life on June of China has upheld the principle of popular learn and teach about the Great Lakes envi- 21, 1996. In this position, he has coordinated sovereignty on Taiwan, and has succeeded in ronment. Dr. Alfred M. Beeton earned his with other NOAA administrators to establish lifting martial law, liberalizing the forma- post-secondary degrees in zoology at the Uni- the agency's scientific policy and to provide tion of political parties, realizing the prac- versity of Michigan and continued to conduct tice of free speech, re-electing all national guidance to NOAA managers on scientific and parliamentarians who had been in office for and direct research in the Great Lakes region technology issues. Among other things, the a long time, and carrying out a direct presi- until his appointment as acting chief scientist Office of the Chief Scientist is responsible for dential election. Through these endeavors, for the National Oceanographic and Atmos- coordinating NOAA activities to implement the the Republic of China has undergone pro- pheric Administration [NOAA] in 1996. This National Environmental Policy Act, managing found change, and has become a fullfledged brief statement can scarcely touch upon the NOAA's technology transfer program, and ad- democracy. depth and breadth of Dr. Beeton's career ac- ministering the National Climate Program. However, we cannot overlook the fact that complishments, but I shall try to highlight The appointment of a Great Lakes scientist still over 20 percent of the world’s popu- some representative achievements. to the highest scientific office in the Nation's lation, most of whom live on the Chinese ocean-oriented agency is an indication of the mainland, have no way to enjoy these rights. Dr. Beeton's work has spanned time beyond The Chinese on both sides of the Taiwan that of his personal career, from investigations recognition of the fourth coast as an important Strait share the same cultural and racial into the evolution of the Great Lakes to rec- aquatic resource. Al Beeton has brought heritage. Thus, there is no reason why we ommendations for the future of policy affecting prominence to a natural resource which was cannot jointly build a system of democracy large lakes. In over 100 publications and once treated more like a sewer than the na- and freedom, and fully exercise our God- speeches addressing scientists and policy tional treasure it is. His efforts have been inte- given rights. makers, Dr. Beeton has touched on the most gral to the restoration of the lakes and we owe In 1979, before material law was lifted in pressing issues affecting the quality of the him our gratitude. Dr. Beeton will retire from Taiwan, a number of protesters demonstrat- Great Lakes. Some of the topics to which he his post as Acting Chief Scientist in August, ing against government censorship of their and with this I bid him a fond farewell. magazine were arrested and jailed in what has added his knowledge and insight include f became known as the Kaohsiung Incident. At human factors affecting water quality, thermal the same time, the Chinese communists au- pollution from powerplants, basic ecology of A TRIBUTE TO DOROTHY DANZIS thorities arrested the human rights activist fish and other aquatic organisms, and how BIER Wei Jingsheng. Today, many of those in- policy can begin to address these and other volved in the Kaohsiung Incident have re- issues. deemed themselves through the ballot box Dr. Beeton's legacy will live on long after his HON. ROBERT MENENDEZ and have become important elected political OF NEW JERSEY retirement in August. Throughout his career as leaders on Taiwan. However, Mr. Wei re- IN THE HOUSE OF REPRESENTATIVES a professor at the Universities of Michigan and mains in jail. The marked differences in sys- Friday, July 25, 1997 tems and values between the two sides are Wisconsin, Wayne State University, and Or- the fundamental reason why each of the two egon State University, he trained hundreds of Mr. MENENDEZ. Mr. Speaker, I rise today parts of the China we all want to see reuni- undergraduates and over 30 graduate stu- to pay tribute to the life of Mrs. Dorothy E1524 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 Danzis Bier, a New Jersey resident, who died are special circumstances for some that religious freedom issues, and in the most re- on July 8, at the age of 91. Throughout most should allow them to stay in this country be- cent editions of this important human rights of her life, she was deeply tied to the 13th yond what the law allows. Mr. Speaker, I be- document, Secretary Shattuck singled out reli- Congressional District of New Jersey; and lieve there may be a heart-wrenching story be- gious persecution as an area of special atten- those ties continue to enrich this area of New hind every man, woman or child that wishes to tion and concern. Last year, then-Secretary of Jersey. enter this country and tries to do so illegally. State Warren Christopher established the Ad- Mrs. Bier was born in Newark, delivered by But we cannot begin to arbitrarily pick winners visory Committee on Religious Freedom her uncle, Dr. Max Danzis, a founding physi- and losers. I urge my colleagues to reject this Abroad, with a membership of some 20 promi- cian of Newark Beth Israel Medical Center. and any other proposal to revisit this issue nent Americans representing a wide range of Her youth was spent growing up in Highland and weaken our immigration laws. religious groups and nongovernmental organi- Park, Bayonne, and Newark, where she grad- Last year, we purposely raised the bar on zations. This group has had an auspicious be- uated from Newark's South Side High School those seeking to enter this country by means ginning to its work, and I look forward to its in 1922. After graduating from the Newark of political asylum because we knew the proc- recommendations and activities in support of Normal School, which is now Kean College, ess was being abused. It was not an oversight religious liberty around the world. I applaud Mrs. Bier received her teaching certificate and and it was not done secretly. If the administra- Secretary Shattuck and our Secretary of State, taught in the Newark school system. tion had an objection, it should have been ad- Madeleine Albright, for their commitment to In 1929, Mrs. Bier married David Bier and, dressed at that time. To come back to this ar- human rights and to dealing with religious lib- shortly thereafter, the couple settled in Jersey gument is not only a mistake, but a breach of erty. City. Their only child Marcia was born at Beth the delicate relationship between Congress Mr. Speaker, Secretary Albright was particu- Israel Medical Center in 1930. and the administration. To use the Attorney larly eloquent in her foreword to the report in Mr. and Mrs. Bier owned and operated General of the United States to undermine the expressing the commitment and the reasons Mother Bier's Bakery at 121 Madison Street in laws we pass is unacceptable. for the commitment of the United States to the Hoboken until the mid-1960's when poor Mr. Speaker, several of my colleagues and principles of religious freedom. I would like to health forced Mr. Bier to close the business. I have sent a letter to the Attorney General quote for the benefit of my colleagues her At that time, although in her 60's, Mrs. Bier re- urging her not to find ways to break our laws statement in the introduction of the report: turned to the education field and taught pre- for the political will of the President. I hope my Religious liberty, the freedom to proclaim school children in Jersey City from 1965 until colleagues will stand with us in blocking any a religious identity and practice it without 1970 under the Head Start Program. She re- attempt to try and weaken our immigration fear, is an aspiration and an inalienable tired in 1970 and moved to Millburn, NJ, to be laws by either stopping deportations by an ad- right of people everywhere. When practiced with tolerance, it can be one of the keys to near her daughter, son-in-law Cyril Green- ministrative order or by new legislation. It is a stable, productive society. But generations stein; and her beloved grandchildren, Scott not just a violation of what this Congress of hatred may be sown when it is delayed or and Randy. She moved once again, to Miami, passed less than a year ago, it is an act of de- denied. It is central to the strength of free FL, in 1987 where her daughter and son-in- fiance against those citizens who have suf- peoples. Its protection and promotion are law had relocated. fered from the effects of illegal immigration. important elements of America’s support for Surviving her are her daughter and son-in- Mr. Speaker, this is just one more way in human rights around the globe. law of Aventura, FL; her grandsons, Scott First, because the right to profess and which this President and his administration practice one’s religion is basic to the life of Greenstein, M.D., of Middlebury, CT; and have tried to weaken what it means to be a every human being and is recognized in the Randy Greenstein of Rockville, MD. She was citizen of the United States. Universal Declaration of Human Rights. also the great-grandmother of Max and Jesse f Second, people who are free to profess their Greenstein of Middlebury, CT; and a nephew, beliefs without fear and to live by them Alan Danzis of Berkeley Heights, NJ. Her hus- STATE DEPARTMENT REPORT ON without impediment will do more to enrich band David passed away in 1969; and her U.S. POLICIES IN SUPPORT OF their societies than people held back by prej- RELIGIOUS FREEDOM udice. Where the rights of persons of any only sibling, Leo Danzis of Elizabeth, NJ, and faith are not secure, no one’s rights are se- vice president of the Ketchum Pharmaceutical cure. And violent persecution that begins Co., died in 1977. HON. TOM LANTOS with one group all too often engulfs whole Mr. Speaker, Mrs. Bier was a unique OF CALIFORNIA nations in conflict. woman; witty, intelligent, and politically astute IN THE HOUSE OF REPRESENTATIVES And third, freedom of religion is central to American history and identity. Because our throughout her life. I know that she was Friday, July 25, 1997 adored by her family; and that she adored country has chosen ever since its creation to stand for universal principles of tolerance them. I extend my condolences to her daugh- Mr. LANTOS. Mr. Speaker, earlier this week, our Assistant Secretary of State for and liberty, free people around the world ter and her grandsons. They lost the matriarch have chosen to stand with us. of their family. New Jersey lost a beloved Human Rights, John Shattuck, appeared be- That is why our commitment to religious daughter who truly has left my area poorer for fore a meeting of the Congressional Human liberty is even more than the expression of her passing. Rights Caucus to present to the Members of American ideals: it is a fundamental source f Congress the State Department Report ``Unit- of our strength in the world. We simply ed States Policies in Support of Religious could not lead without it. We would be naive ‘‘THWARTING OUR IMMIGRATION Freedom: Focus on Christians.'' This report is to think we could advance our interests LAWS’’ an indepth summary of the particular meas- without it. ures taken by the administration to address Mr. Speaker, I wholeheartedly endorse this HON. RON PACKARD the issue of Christian persecution as an ele- statement by our distinguished Secretary of OF CALIFORNIA ment of U.S. Government policy to fight State. Freedom of religion is a fundamental IN THE HOUSE OF REPRESENTATIVES against religious persecution and discrimina- principle of human rights, a fundamental as- tion around the world. pect of our foreign policy, and I welcome the Friday, July 25, 1997 This report, Mr. Speaker, was prepared by support of the administration for this fun- Mr. PACKARD. Mr. Speaker, this adminis- the Department of State in response to a re- damental right. tration has proved once again that they are quest by the Congress in the statement that Mr. Speaker, Secretary John Shattuck made soft on illegal immigration. Two weeks ago, I accompanied the Omnibus Consolidated Ap- an outstanding presentation regarding the ad- was outraged when Attorney General Janet propriations Act for fiscal year 1997. That re- ministration's report to the members of the Reno had defied the clear will of Congress quest is principally the effort of our colleague Human Rights Caucus yesterday. Secretary and halted the deportation of thousands of ille- from Virginia, Congressman FRANK WOLF, who Shattuck, as always, was well prepared, ar- gal aliens. Mr. Speaker, the very person ap- is one of the most active of our Members in ticulate, and concise. The report deals pri- pointed to uphold the laws passed by this leg- leading the fight against religious persecution marily with the restrictions and persecution islative body is now trying to find ways around around the world. against Christians, although as I and my col- them. I find that absolutely unacceptable. Mr. Speaker, I commend the administration leagues in the Congressional Human Rights Yesterday, the Clinton administration pre- for its efforts in dealing with the problem of re- Caucus have repeatedly emphasized, human sented to this Congress a proposal to weaken ligious persecution. The State Department's rights are indivisible. A government that the immigration reform law the President annual ``Country Reports on Human Rights abuses ethnic minorities is also likely to re- signed less than a year ago. They claim there Practices'' provides indepth information about strict religious freedom, and a government that July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1525 abuses its Jewish or its Muslim or its Baha's passed by the Russian Duma and Federation FAMILY FEST: A COMMUNITY believers is also a government that is likely to Council a few weeks ago. His action took EVENT TO HELP IMPROVE EDU- persecute members or portions of its Christian great political courage, and I welcome his ac- CATION community as well. The death, imprisonment, tion. and persecution of Christians for their religious HON. ROD R. BLAGOJEVICH beliefs affects some 150 million people around I do want to call the attention of my col- leagues to some countries where governments OF ILLINOIS the world. The violation of the rights of Chris- IN THE HOUSE OF REPRESENTATIVES tian believers include discrimination in employ- have taken action to assure religious freedom, ment, political harassment, restrictions on the despite strong pressures against such policies. Friday, July 25, 1997 exercise of political rights, the imposition of In striking contrast with the restrictive practices Mr. BLAGOJEVICH. Mr. Speaker, I rise harsh prison sentences, torture and inhumane of the Government of the People's Republic of today to recognize an outstanding community conditions in prison, and in some cases the China, the Government of the Republic of event that has occurred in my district for the enslavement of women and children. China on Taiwan has shown tolerance for reli- past 10 years. Madonna High School's Family Mr. Speaker, I would like to call to the atten- gious diversity and respect for religious liberty. Fest is a 5-day outdoor festival that brings tion of my colleagues some of the countries families together while improving educational India, a country with strong indigenous reli- which are serious violators and which were opportunities for young women in the city of gious traditions, has also shown considerable identified in the State Department report. Chicago. Offering a wide array of family-ori- China is one of the principal violators of free- understanding of the importance of assuring ented activities, the festival raises an average dom of religion, despite its own constitutional freedom of religion. of $12,000 a year in scholarships and financial promises of freedom of belief. The report Mr. Speaker, I urge my colleagues to give aid for young women hoping to attend the Ma- notes: ``The government of China has sought careful consideration to this important docu- donna High School. To date, proceeds have to restrict all actual religious practice to gov- ment on U.S. Policies in Support of Religious been able to provide 37 percent of the study ernment-authorized religious organizations and Freedom. The Department of State has com- body at Madonna High School with financial registered places if worship.'' In a classic piled an excellent report on the current status aid. catch±22 situation, Roman Catholic church or- As Abraham Lincoln said in 1832, ``Upon ganizations which recognize the authority of of religious liberty around the world. We must the subject of education . . . I can only say the Pope will not be registered because they continue to work together with the administra- that I view it as the most important subject recognize and owe spiritual allegiance to an tion and intensify our efforts to assure that which we as a people may be engaged in.'' authority out of China. Any Vatican-affiliated governments around the world respect the reli- These sentiments on education expressed by Catholics are considered unregistered. gious rights of their citizens. As Secretary President Lincoln 165 years ago still hold true The Government in Beijing has cracked Albright noted in quoting Thomas Jefferson: ``It today. Caring teachers, motivated students, down on unregistered Roman Catholic and behooves all who value liberty of conscience and an involved community are the essential Protestant groups, and it has raided and for themselves to resist invasions of it in the components to improving education in our closed down groups that simply gather to wor- case of others; or that case may, by change country. Family Fest should serve as a model ship in each other's homes. Religious leaders of circumstances, become their own.'' to the rest of the Nation on how community of these groups have been detained and been values and hard work can help improve our subjected to lengthy interrogation and in some f system of education, and ensure a brighter fu- cases beating and physical abuse. ture for America. A number of other countries were identified MC DADE AND FAZIO INVESTORS Family Fest is proof positive that a commu- in the report because of official policies limiting IN AMERICA nity can come together to achieve a common or prohibiting freedom of religious expression. goal. I can think of few goals more worthy of In Sudan religious persecution of Christians our support than improving educational oppor- has reached incredible levels, including tor- HON. STEPHEN HORN tunities for our young people. I commend the ture, outrageously long prison sentences, and parents, staff, and students of Madonna High enslavement of women and children. Similar OF CALIFORNIA School for their hard work and dedication to problems exist in a number of Islamic coun- IN THE HOUSE OF REPRESENTATIVES this cause, and wish them continued success tries. Saudi Arabia prohibits public and private with this outstanding program. religious observances by members of all non- Friday, July 25, 1997 f Muslim religions. Countries which recognize Islamic Shari's Court rulings also have a seri- Mr. HORN. Mr. Speaker, with these late HONORING PROF. JOHN BRITTAIN ous record of violations of religious freedom. A night sessions, I have had the opportunity to Lebanese Christian, Elie Dib Ghalib, was ar- read the report of the Appropriations Sub- HON. BARBARA B. KENNELLY rested in the United Arab Emirates some 18 committee on Energy and Water Develop- OF CONNECTICUT months ago in connection with his marriage to ment. Chairman JOE MCDADE and Ranking IN THE HOUSE OF REPRESENTATIVES a Muslim woman. A Shari's Court ruled that Democrat VIC FAZIO, and their subcommittee Friday, July 25, 1997 the marriage was null and void, their relation- colleagues, have crafted a document which in- ship was determined to be immoral, and he Mrs. KENNELLY of Connecticut. Mr. Speak- vests in America. was sentenced to 39 lashes and a year of im- er, I rise today to honor one of Connecticut's prisonment. Our Nation has a variety of problems con- most outstanding citizens, a brilliant lawyer Mr. Speaker, even some of our closest al- cerning energy and water development and a warrior for justice, John Brittain. Profes- lies have legislation and government practices throughout the land. Whether flood control, en- sor Brittain has been a member of the faculty which are surprisingly restrictive of religious vironmental problems, nuclear waste disposal, of the University of Connecticut law schools freedom. Greece, a country widely acclaimed or electric powerÐamong other key prior- since 1977. For those two decades, he has as ``the birthplace of democracy,'' has a reli- itiesÐthey have been judicious in their deci- been a constant presence in my State, a voice of conscience that is heard whenever the gious registration law that is surprisingly re- sion making. strictive for all non-Orthodox religious commu- rights of individuals are at stake. nities. Similar serious problems exist in Russia I am particularly grateful that the Sub- John Brittain knows that the Nation's prom- and other republics of the former Soviet committee, and now the House, have recog- ise of equality under the law must never be al- Union, where post-Communist governments nized the flood dangers along the Los Ange- lowed to become mere words. That promise is are dealing with demands of existing religious les, Rio Hondo, and San Gabriel rivers in the central tenet of American life, and it must organizations to limit other, primarily Christian southeastern Los Angeles County. Five hun- be kept for the sake of all our future genera- groups, from establishing a presence in these dred thousand residents live and work in tions. So John Brittain has made it his cause newly independent countries. 177,000 structures which are at risk of flood- to see that the promise is keptÐeven when it In this context, Mr. Speaker, I was most en- is difficult and even when it is uncomfortable. ing. The committee's decision to increase the couraged by the decision, announced the day In 1989, Professor Brittain, among others, of our briefing with Secretary Shattuck, by funding needed to implement the largest urban filed Sheff versus O'Neill, the landmark case Russian President, Boris Yeltsin to veto the flood control project in the United States is challenging the racial, economic, and edu- highly restrictive law on religions that was deeply appreciated. cational segregation between Hartford and the E1526 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 surrounding schools districts as a denial of a responsibility. And if online companies aren't IN TRIBUTE TO AND IN MEMORY student's fundamental right to an equal edu- willing to police themselves, Congress may OF DR. ROBERT C. WEAVER cation under the Connecticut Constitution. very well do it for them. After 7 years of litigation, the Connecticut Su- I have sponsored a bipartisan bill to safe- HON. ALCEE L. HASTINGS preme Court issued a precedent-setting ruling, guard the privacy of citizens' Social Security OF FLORIDA finding, in July 1996, that Hartford students IN THE HOUSE OF REPRESENTATIVES were being denied equal educational oppor- numbers and other personal information by re- Friday, July 25, 1997 tunity. Although the State has not yet deter- stricting their marketability by credit bureaus, mined how best to address this, it is certain departments of motor vehicles, and the Mr. HASTINGS of Florida. Mr. Speaker, I that Professor Brittain's efforts will only result Internet. I urge my colleagues to cosponsor rise today to pay tribute to a great American in improving education, not only in Hartford H.R. 1813, the Personal Information Privacy and civil rights pioneer who died last Thurs- but throughout the State. Act. day. Mr. Speaker, Robert C. Weaver, had a Professor Brittain will soon join the faculty at life of many firsts. The great-grandson of a Texas Southern University's Thurgood Mar- f slave, and the son of a postal worker, Robert shall School of Law, writing what I am sure Weaver earned undergraduate, masters and will be a fascinating book about his involve- THANK YOU, SISTER CARLA doctoral degrees in economics from Harvard ment in the Sheff case. I know I join with his DOLCE University. Dr. Weaver served as a college Connecticut friends and colleagues in wishing president, State rent administrator, this Na- him well in this latest chapter of his extraor- tion's first Secretary for Housing and Urban dinary life, and hoping that we will some day HON. BENNIE G. THOMPSON DevelopmentÐand first black member of any welcome him back to our State. CabinetÐPresidential adviser, and chairman OF MISSISSIPPI f of the National Association for the Advance- IN THE HOUSE OF REPRESENTATIVES ment of Colored People. AMERICA ONLINE NEEDS TO Before the landmark decades of civil rights OFFER ITS SUBSCRIBERS IN- Friday, July 25, 1997 advances, Weaver was one of a small group FORMED CONSENT ON TELE- of African-American officials in the New Deal Mr. THOMPSON. Mr. Speaker, I rise to rec- MARKETING ISSUE era who, as part of the ``Black Cabinet,'' pres- ognize a champion of the poor and sured President Franklin D. Roosevelt to strike HON. GERALD D. KLECZKA disenfranchised in Mississippi, Sister Carla down racial barriers in Government employ- Dolce. Sister Carla was born in New Orleans, OF WISCONSIN ment, housing, and education. Working for the IN THE HOUSE OF REPRESENTATIVES LA, where she served as a co-director of the U.S. Department of the Interior, and copious New Orleans Training Center for Community experience as an educator and economist led Friday, July 25, 1997 Organizers, School Administrator and Teach- to Weaver's appointment as New York State Mr. KLECZKA. Mr. Speaker, I rise today to ers. She has served as president of three high rent administrator, making him the first Afri- urge America Online [AOL] to be up front with schools in Dallas, TX; St. Louis, MO; and can-American with a State cabinet rank. its customers over the issue of informed con- Alton, IL. Through a host of government and private sent for telemarketing purposes. jobs, Weaver emerged as a preeminent can- An AOL subscriber myself, I was outraged Sister Carla began her work as a commu- didate to head a national cabinet department. when I learned the company planned to mar- nity developer in Tunica, MS, through the Sa- But when President John F. Kennedy sought ket its 8.5 million customers' telephone num- cred Heart Southern Mission. She was the congressional support to create the Housing bers to scores of telemarketing hucksters, catalyst for the Tunica Organization of Women and Urban Development Department in 1961, without informing them or getting their con- [TOW] an organization of women of color. and named Weaver to head it, the President sent. Under a siege of protests, the Internet TOW, together with five other northern Mis- encountered strong southern opposition and provider canceled that plan but instituted an- sissippi women's groups, formed the North the plan was shelved. other that still breaks faith with its subscribers, Mississippi Leadership Network which is asso- From the time he became an aide to Interior Now it plans to allow its own employees to ciated with other groups in a regional and Secretary, Harold Ickes in 1933, through his make the telemarketing calls. technical network. tenure at Housing and Urban Affairs in the late AOL still doesn't get it. Families sitting down 1960's, Dr. Weaver was a crusader for civil to dinner do not want to be disturbed by unso- Sister Carla was also instrumental in form- rights, housing, and education. He was re- licited vendors. The company needs to make ing the Tunica Citizens Committee for Edu- garded as an intellectual, both pragmatic and it clear to its customers up front what use it cation, a biracial group to support public edu- visionary, who worked to improve the lives of plans to make of their private information and cation in Tunica. She has also supported edu- blacks and other Americans both by expand- then give them an easy option for protecting cation by working with Northwest Community ing their opportunities and by bettering their themselves from the unauthorized use of that College, the YOU (alternative education) Pro- communities. data. And I emphasize ``easy.'' If you've ever gram, developing a credit union workshop and After being a catalyst in the Kennedy and tried to opt out of AOL's marketing gimmicks, parent participation mini conference sponsored Johnson administrations, Dr. Weaver turned to you know how hard it is. Good luck in even by TOW in partnership with the Education for education in 1968. He taught at Hunter Col- finding the option on the company's Web site. the Mid-South and the Agriculture Extension lege, Carnegie-Mellon University, New York What AOL should do is display a pop-up no- University, and even became president at Ba- Services. tification box informing subscribers of any new ruch College. He was honored for his hard marketing schemes using customers' phone Sister Carla has served as the eyes, ears, work and dedication with at least 30 honorary numbers and other personal information. This and body of support for the ill-housed in degrees from elite institutions like Columbia notification box should contain a simple yes or Tunica. Working tirelessly to see that maxi- University, the University of Michigan, and the no option for customers to inform AOL of their mum of government programs and funds are University of Pennsylvania. decision whether to allow the company to re- delivered to Tunica residents. Together Sister Dr. Weaver was known as a man who was lease their personal information, or to permit Carla and I worked with the State and national only interested in doing his job, rather than AOL's own employees to market other compa- offices of Rural Development to provide over promoting himself. His lifelong toil got urban nies' products to them. $600,000 in housing loans for new construc- legislation on the books and nurtured our AOL also needs to call itself to a higher tion and repairs. In general, Sister Carla's ef- country's first commitment to improve the standard. Originally, it said it was collecting its quality of life in our Nation's cities. All of us forts were to support movement for change subscribers' phone numbers so it could call who believe we can build an even greater so- that worked to assist the people in their efforts them if their account was tampered with or if ciety, are forever indebted to him. their credit card was stolenÐnot for tele- to bring benefits equitably to all citizens. Sister Dr. Weaver served as a beacon of light, marketing purposes. Its revised plan amounts Carla Dolce, teacher, motivator, and bridge- wisdom, and fairness. His appointments paved to a bait-and-switch tactic. builder is now leaving Mississippi to bring her the path for numerous African-Americans and This whole saga is another example of how love and attention to those in need in Illinois. were monumental to many other African- an incredibly useful and powerful medium can We will miss her greatly. Mississippi's loss is Americans who found lower barriers and in- abuse the public trust. With power must come Illinois' gain. creased opportunity in the last third of the 20th July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1527 century. He will always be remembered as a Accordingly, the NET Act would proscribe and the Community Foundation of Monterey distinguished public servant, having always the willful act of copyright infringement, either County. used his keen intellect and common sense to for ``commercial advantage or private financial During this difficult hour, Mr. Speaker, my attack complex social problems. For this, Mr. gain''; or by reproducing or distributing one or entire family wishes his wife, Mary, and half- Speaker, the entire country will mourn Robert more copies of copyrighted works which have brother, Steven the very best. Will will always Weaver's passing, but we will also celebrate a retail value of $5,000 or more. In direct re- remain in our hearts. his extraordinary life. sponse to LaMacchia, the legislation specifi- f f cally encompasses acts of reproduction or dis- tribution that occur via transmission, or com- TRIBUTE TO YALTA DUNBAR THE NO ELECTRONIC THEFT [NET] puter theft. In addition, ``financial gain'' is de- ACT fined as receiving ``anything of value, including HON. SCOTT McINNIS the receipt of other copyrighted works.'' This OF COLORADO HON. HOWARD COBLE change would enable the Department of Jus- IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA tice to pursue a LaMacchia-like defendant who Friday, July 25, 1997 IN THE HOUSE OF REPRESENTATIVES steals copyrighted works but gives them Friday, July 25, 1997 awayÐinstead of selling themÐto others. The Mr. MCINNIS. Mr. Speaker, today I would legislation includes maximum statutory pen- like to recognize Yalta Dunbar of Gunnison, Mr. COBLE. Mr. Speaker, I am pleased to alties of up to $250,000 in fines and prison CO, who will turn 100 on August 9 of this be an original cosponsor of the No Electronic terms of 6 years. year. Ms. Dunbar has been a longtime resi- Theft Act, also known as the NET Act. I com- Mr. Speaker, the public must come to un- dent of Gunnison and her knowledge and ex- mend the bill's author and my good friend, derstand that intellectual property rights, while perience is a source of wisdom and guidance Representative BOB GOODLATTE of Virginia, for abstract and arcane, are no less deserving of for all those around her. Her loving family will his leadership on this important copyright protection than personal or real property be putting on a celebration in her honor which issue. As chairman of the Subcommittee on rights. The intellectual property community will will be held at the Elks Club in Gunnison. Courts and Intellectual Property, I cannot over- continue its work in educating the public about Mr. Speaker, I would like to thank Ms. Dun- emphasize the importance of this legislation; these concerns, but we in the Congress must bar for the many years of service she has pro- in fact, I plan to schedule a hearing on the do our job as well by ensuring that piracy of vided to her community and hope she serves NET Act and the broader subject of copyright copyrighted works will be treated with an ap- as an inspiration to all of us. piracy later in the fall. propriate level of fair but serious disapproval. Ms. Dunbar is the embodiment of hard work Industry groups estimate that counterfeiting Again, I congratulate Representative and healthy living which we pride ourselves on and piracy of intellectual propertyÐespecially GOODLATTE for his leadership in this regard, the western slope of Colorado. I wish her the computer software, compact discs, and mov- and I look forward to working with him and very best on this special day and congratulate iesÐcost the affected copyright holders rough- other interested colleagues as we consider the her on 100 fantastic years. ly $20 billion last year. Regrettably, the prob- NET Act in the near future. f lem has great potential to worsen. The advent f of digital video discs, similar to conventional RECOGNITION OF ELDERLY compact discs but capable of storing far more A TRIBUTE TO WILLIAM SHAW NUTRITION PROGRAMS material while rendering perfect secondhand copies, will only create additional incentive for HON. SAM FARR copyright thieves to steal protected works. HON. ROBERT A. WEYGAND OF CALIFORNIA OF RHODE ISLAND The legislation introduced by Representative IN THE HOUSE OF REPRESENTATIVES GOODLATTE will deter copyright piracy by fur- IN THE HOUSE OF REPRESENTATIVES ther criminalizing the act in a firm but fair man- Friday, July 25, 1997 Friday, July 25, 1997 ner. The NET Act constitutes a legislative re- Mr. FARR of California. Mr. Speaker, I rise Mr. WEYGAND. Mr. Speaker, elderly nutri- sponse to the so-called LaMacchia case, a today to pay tribute to a dear friend and a real tion programs are crucial to the senior citizens 1994 decision authored by a Massachusetts talent. William Shaw, who helped shape the in the State of Rhode Island and throughout Federal court. In LaMacchia, the defendant world around him for most of his 73 years, our country. These programs, either at meal encouraged lawful purchasers of copyrighted passed away recently. I know he will be sorely sites or through home delivery, serve many software and computer games to upload these missed by all. important roles. In addition to providing meal works via a special password to an electronic To me and my family, Will will be remem- recipients with a balanced meal, these nutri- bulletin board on the Internet. The defendant bered as an especially close friend. Together tion programs often offer seniors the chance then transferred the works to another elec- with my father, former California State Senator to socialize with their peers and provides them tronic address and encouraged others with ac- Fred Farr, and the renowned photographer with much-needed personal contact with car- cess to a second password to download the Ansel Adams, he established the Foundation ing and dedicated volunteers of all ages. materials for personal use without authoriza- for Environmental Design in the early 1960's. Annually, in my State of Rhode Island, near- tion by or compensation to the copyright own- ``We have art critics, music critics, theater crit- ly 17,000 seniors receive healthy, balanced, ers. While critical of the defendant's behavior, ics, but we don't have any environmental crit- and nutritious lunches at 1 of the 72 local the court precluded his prosecution under a ics. We need them badly, and I guess that's meal sites spread throughout the State. Over Federal wiretap statute, stating that this area what you call us,'' Will is quoted as remarking 5,000 seniors also receive meal assistance of law was never intended to cover copyright in press reports at the time. from the home delivery program, operated in infringement. The court's dicta indicated that Indeed, a superb environmentalist and ar- Rhode Island by Rhode Island Meals on Congress has tread cautiously and delib- chitect, Will is responsible for some of the Wheels. erately in amending the Copyright Act, espe- most beautiful manmade scenery our Nation One woman, who lives in my district in War- cially when devising criminal penalties for in- has. The recipient of the renowned Prix de wick, RI, recently shared with me her feelings fringement. Rome, Will's portfolio includes the school or on the importance of one of these elderly nu- It is self-evident, Mr. Speaker, that this architecture at Cal Poly in San Luis Obispo as trition programs. Virginia, who will be 80 years transgressionÐthe unauthorized access to a well as the Buddhist Temple in Seaside and old this month, receives a meal from Meals on company's productsÐhas even greater poten- the restoration of the Highlands Inn and the Wheels and feels that it is one of the finest tial to ruin small, start-up companies. Let us Custom House. He was an outstanding mem- services around. not forget that small businesses still comprise ber of his community and country. She recently wrote to me saying: that sector of our national economy which pro- Born William Vaughn Shaw in Los Angeles vides the most employment opportunities for on August 12, 1924, Will had lived in Monte- I depend on and must have well-balanced American citizens. Thousands of independent rey since 1954, and for the past 13 years in food. The lunches I receive from the Meals on Wheels Program enable me to eat nutri- hackers motivated like LaMacchia will cause Pebble Beach. He was cofounder and past tiously and have given me a way to recover harm to our Nation's workers and the small president of the Big Sur Foundation as well as from my recent surgery. businesses which employ them. LaMacchia's the local chapter of the American Institute of The volunteers who deliver the luncheons behavior was not trivial; it deserves to be Architects. In addition, Will was past president are so kind, friendly and the hour I hear criminalized. of the Monterey History and Art Association them in their van and my doorbell rings, it E1528 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 makes my otherwise sedentary life brighten you build a massive highway system with Fed- treatment over time for the best effects. Dr. up! eral bucks, economic growth would ride into Elkind's work has significantly contributed to The food selections for the entire month town. Under that assumption, two-thirds of all cancer treatment affecting almost 50 percent are left at the beginning of the month, so I can anticipate my favorites. The noon hour ARC money spent since 1965 has gone into of cancer patients today in assisting them with is the highlight of my day, thanks to the highway construction. The original estimated care. This extraordinary work has tremen- friendly and kind volunteers who deliver my cost to Federal taxpayers was $840 million, dously impacted cancer research and I am lunch. yet the 26 highway system is now slated to proud of this service to the American people cost $9 billion and won't be completed until She completes her letter by letting me know through his association with Colorado State 2060. that she is concerned about the future of this University. Mr. Chairman, this debate especially hits The effects of cancer on our society are ex- program. She prays that she will never receive home for growth States like Florida struggling tremely devastating, so it is Dr. Elkind's kind a notice that says, ``Sorry, there will be no to get their fair share of highway funds. While of dedication to research and mankind that il- Meals on Wheels until further notice.'' On behalf of the people who depend upon Florida has seen dramatic increases in its luminates the human spirit in America. Dr. the elderly nutrition programs, I commend my population, ARC has rewarded States that are Elkind is truly an American pioneer and I ask colleagues for recognizing the importance of losing people with more and more Federal the Congress to join me in thanking him for elderly nutrition programs by approving addi- funds. According to their own annual reports, his remarkable contributions to this country. tional funding for elderly nutrition programs $872 million in ARC grants for highways, out f of a total of $1.1 billion, has been spent in during debate on the Agriculture Appropria- ENERGY AND WATER DEVELOP- tions bill. Furthermore, I respectfully request West Virginia between 1980 and 1992, despite the fact that the State experienced a popu- MENT APPROPRIATIONS ACT, the conference committee to maintain and 1998 strengthen this commitment to our Nation's lation loss of 7.2 percent over that time. As we struggle to make ends meet with limited trans- seniors by making sure critical funding for SPEECH OF these programs does not dry up. portation funds, this type of largesse is simply unacceptable. f HON. ROBERT B. ADERHOLT Mr. Chairman, I am not a fan of the ARC OF ALABAMA ENERGY AND WATER DEVELOP- program. I believe that Great Society relics IN THE HOUSE OF REPRESENTATIVES like ARC need to be shelved altogether. But if MENT APPROPRIATIONS ACT, Thursday, July 24, 1997 1998 we are going to provide funding for ARC, we should at least extract some savings for the The House in Committee of the Whole SPEECH OF American taxpayer. We should at least prohibit House on the State of the Union had under States from double dipping when other States consideration the bill (H.R. 2203) making ap- HON. PORTER J. GOSS propriations for energy and water develop- OF FLORIDA are struggling to make ends meet. The Klug amendment is a responsible, conservative ap- ment for the fiscal year ending September 30, IN THE HOUSE OF REPRESENTATIVES 1998, and for other purposes: proach that recognizes the reality of our lim- Thursday, July 24, 1997 ited resources while striking a blow for fair- Mr. ADERHOLT. Mr. Chairman, I rise today in opposition to the Klug amendment. As has The House in Committee of the Whole ness. I urge its adoption. House on the State of the Union had under f already been stated, there are no funds for consideration the bill (H.R. 2203) making ap- Appalachian highways in the Transportation propriations for energy and water develop- TRIBUTE TO DR. MORTIMER appropriations bill that passed the House ear- ment for the fiscal year ending September 30, ELKIND lier this week. 1998, and for other purposes: This bill today, the Energy and Water appro- Mr. GOSS. Mr. Chairman, I rise in strong HON. BOB SCHAFFER priations bill, which has been so well crafted support of the Klug amendment to cut $90 mil- OF COLORADO by the chairman, JOSEPH MCDADE and the lion in duplicate road funding from ARC. IN THE HOUSE OF REPRESENTATIVES ranking member VIC FAZIO, includes $160 mil- Mr. Chairman, I want to be clear from the lion for the Appalachian Regional Commission Friday, July 25, 1997 startÐI believe that we should eliminate all [ARC]. This bill represents a cut below the funding for the Appalachian Regional Commis- Mr. BOB SCHAFFER of Colorado. Mr. President's request and is less than half the sion. In many ways, the economic develop- Speaker, I rise today in honor of Dr. Mortimer amount appropriated 15 years ago. If non-De- ment projects that ARC funds are more egre- Elkind. Dr. Elkind is receiving the prestigious fense discretionary programs had been re- gious than the highway projects. Absent elimi- Enrico Fermi Award for his valuable contribu- duced like this, we would have a balanced nation, though, I believe the Klug approach tions to cancer research. He is a cell biologist budget this year. makes sense for both sides, as it only cuts a at Colorado State University in Fort Collins, It is important to note that since the ARC small portion of duplicate funding from the pro- which is in the Fourth Congressional District of was created over 30 years ago, the economic gram. Colorado. The Enrico Fermi Award recognizes condition in the Appalachian Region has sig- The passionate statements of ARC support- extraordinary scientific research and is award- nificantly improved. Poverty rates have been ers today serves to underscore what Reader's ed through the U.S. Department of Energy. cut in half, infant mortality has been reduced Digest had to say about ARC just a few years Dr. Mortimer Elkind was born in Brooklyn, by two-thirds, and good paying jobs have ago Ð``You can't kill a good giveaway!'' A look NY, and earned his Ph.D. in physics from the been created through infrastructure improve- at ARC's past funding shows that the money Massachusetts Institute of Technology. He ments. largely follows important legislators, rather worked at the National Cancer Institute in Be- But our job is not done. Businesses are than needy constituents. thesda, MD, and the Donner Laboratory at the closing and others refusing to locate in north- An excellent example is the Corridor H pro- University of California at Berkeley. He also ern Alabama due to the lack of a four-lane gram in West Virginia. A proposed 114 mile worked at the Brookhaven National Laboratory highway to connect the cities of Atlanta, Bir- Federal four-lane highway through the scenic from 1969 to 1973, and then worked at Ar- mingham, and Memphis. West Virginia mountains, Corridor H would gonne National Laboratory until 1981. He was For job creation and safety issues this is an cost $1.1 billion, with 80 percent of the money also Professor of Radiology at the University unacceptable omission from our National coming from Federal taxpayers. The costs of of Chicago. He is currently University Distin- Highway System. carving through 4,000 foot mountains contrib- guished Professor at Colorado State Univer- Economic growth is hampered because it is ute to a $10 million per mile project cost. The sity's Department of Radiological Health so difficult to transport goods and services be- West Virginia Department of Transportation's Sciences. tween Birmingham and Memphis and through- own traffic projections do not support the need Dr. Elkind worked conjunctively with another out the northerwestern part of Alabama. for this project and over 90 percent of resi- Fermi Award winner, Dr. Withers to research The current inadequate two-lane route is ex- dents from neighboring Virginia opposed Cor- the response of normal and malignant cells to tremely dangerous with a traffic incident or fa- ridor H in public hearings. Yet, the beat goes ionizing radiation. Collectively, their work es- tality occurring every month for the last 50 on for this Federal pork, partly due to millions tablished a scientific basis for radiation ther- months. of dollars of annual ARC funding. apy for cancer. Their work produced the ``frac- The ARC provides needed funds for high- The ARC was founded over 30 years ago tional hypothesis'' which demonstrated the ways located in the Appalachian Region like on the ``Field of Dreams'' proposition that, if value of spreading out the radiation dose Corridor X, which is the proposed four-lane July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1529 route from Memphis to Birmingham. These of our copyright laws did not and could not HAPPY 100TH BIRTHDAY TO COL. funds do not take resources away from the have anticipated the nature of the Internet, THOMAS DICKINSON OF BROWN transportation trust funds, and are matched by which has made the theft of all sorts of copy- COUNTY, OH each State. righted works virtually cost-free and anony- I understand the concern of the gentleman mous. HON. ROB PORTMAN from Wisconsin and support eliminating Fed- OF OHIO The Internet allows a single computer pro- eral programs that are inefficient and wasteful. IN THE HOUSE OF REPRESENTATIVES gram or other copyrighted work to be illegally However, a closer look at the facts will dem- Friday, July 25, 1997 onstrate that funding for the ARC is crucial for distributed to millions of users, virtually without the infrastructure and economic development cost, if an individual merely makes it available Mr. PORTMAN. Mr. Speaker, Brown Coun- of many rural areas including my congres- on a single server and points others to the lo- ty, OH will celebrate the 100th birthday of its oldest veteran, Col. Thomas Dickinson, tomor- sional district. cation. Other users can contact that server at I urge my colleagues to defeat the Klug row at the American Legion Hall in George- any time of day and download the copyrighted town. Colonel Dickinson has been an active amendment and support H.R. 2203. work to their own computers. It is unaccept- f member of the American Legion for 65 years able that today this activity can be carried out and is a past commander of the Georgetown INTRODUCTION OF THE NO ELEC- by individuals without fear of criminal prosecu- Post. His life story is a truly remarkable exam- TRONIC THEFT [NET] ACT OF 1997 tion. ple of patriotism and service. Imagine the same situation occurring with Colonel Dickinson tried for 18 months to en- HON. BOB GOODLATTE tangible goods that could not be transmitted list in the Army during World War I, but was told by Army doctors that his flat feet and bad OF VIRGINIA over the Internet, or an individual making mil- IN THE HOUSE OF REPRESENTATIVES heart would keep him out of the service. lions of photocopies of a best-selling book and Nonetheless, he kept trying, and was finally al- Friday, July 25, 1997 giving them away. Imagine copying popular lowed to enlist as a private in 1940Ðat the Mr. GOODLATTE. Mr. Speaker, I rise today movies onto hundreds of blank tapes and age of 43. He served in Europe during the to introduce the No Electronic Theft [NET] Act passing them out on every street corner, or war, in 1946, became Commissioner of For- of 1997, along with three of my colleagues copying your personal software onto blank eign Claims for Berlin. After leaving the mili- from the Subcommittee on Courts and Intellec- disks and freely distributing them throughout tary in 1947, he was recalled in 1949 and was tual Property of the Committee on the Judici- the world. Few would disagree that such ac- sent to Korea in 1951, where he served as a ary, Representatives COBLE, FRANK, and CAN- tivities are illegalÐthat they amount to theft public information officer. During his service in NON. I would like to thank not only Chairman and should be prosecuted. We should be no World War II and Korea, he earned 15 service COBLE and ranking member FRANK for sup- less vigilant when such activities occur on the medals, including the Bronze Star. porting this important legislation, but also a He retired from active duty in 1955, and Internet. We cannot allow the Internet to be- new and very valuable member of the sub- began work as a legal adviser with the Army come the ``Home Shoplifting Network''. committee, CHRIS CANNON of Utah. Corps of Engineers in 1960. His work with the This legislation will close a loophole in our The NET Act of 1997 makes it a felony to Corps brought him to Georgetown, and he has Nation's criminal copyright law, and will give willfully infringe a copyright by reproducing or kept his home in Brown County ever since, law enforcement the tools it needs to bring to distributing 10 or more copyrighted works, with where he and his wife, Eloise, live on U.S. 52 justice individuals who steal the products of a value of at least $5,000, within a 180-day along the Ohio River. I wish him an enjoyable America's authors, musicians, software pro- period, regardless of whether the infringing in- 100th birthday and many more to come. ducers, and others. Additionally, the bill will dividual realized any commercial advantage or f promote the dissemination of creative works private financial gain. It also clarifies an exist- DEPARTMENT OF TRANSPOR- online and help consumers realize the promise TATION AND RELATED AGEN- and potential of the Internet. ing portion of the law that makes it a crime to CIES APPROPRIATIONS ACT, 1998 The Internet is a tremendous opportunity. Its willfully infringe a copyright for profit or per- sonal financial gain. It does so by specifying growth and development are contributing to SPEECH OF the economic expansion we have enjoyed in that receiving other copyrighted works in ex- the last few years. Its true potential, however, change for pirated copiesÐbartering, essen- HON. ROBERT A. WEYGAND lies in the future, when students and teachers tiallyÐis considered a form of profit and is as OF RHODE ISLAND can access a wealth of high quality informa- unlawful as simply selling pirated works for IN THE HOUSE OF REPRESENTATIVES tion through the click of a computer mouse, cash. In other words, if you take a pirated Thursday, July 24, 1997 and businesses can bring the benefits of elec- work, such as a software program, and trade tronic commerce to consumers. Before this The House in Committee of the Whole it on the Internet and eventually barter to the House on the State of the Union had under can happen, creators must feel secure that point where you have a $5,000 portfolio of consideration the bill (H.R. 2169) making ap- when they use this new medium, they are pro- software, the bill considers such bartering to propriations for the Department of Transpor- tected by laws that are as effective in tation and related agencies for the fiscal cyberspace as they are on main street. be a criminal actÐjust as if you had sold the year ending September 30, 1998, and for other The NET Act of 1997 clarifies that when stolen software for $5,000. In addition, the purposes: Internet users or any other individuals sell pi- NET Act expressly calls for victim impact Mr. WEYGAND. Mr. Chairman, I rise today rated copies of software, recordings, movies, statements during sentencing and directs the in support of the transportation appropriations or other creative works, use pirated copies to sentencing commission to determine a sen- bill. First, I thank Chairman WOLF and Ranking barter for other works, or simply take pirated tence strong enough to deter these crimes. Member SABO for their excellent work and works and distribute them broadly even if they Mr. Speaker, the United States is the world dedication to the transportation needs of our do not intend to profit personally, such individ- country and my State. leader in intellectual property. We export bil- uals are stealing. Intellectual property is no I would like to address an issue important to less valuable than real property. As an exam- lions of dollars' worth of creative works every my State. In Rhode Island we are in the proc- ple of the problems that creators are currently year in the form of software, books, video ess of rebuilding our economy. Restructuring facing, I have attached an article from the tapes, sound recordings, and other products. our transportation system is critical to the suc- Electronic Engineering Times, discussing the Our ability to create so many quality products cess of that rebuilding. The funding provided theft of recordings on the Internet. has become a bulwark of our national econ- in this bill will help Rhode Island in developing Pirating works online is the same as shop- omy. By closing this loophole in our copyright a world-class transportation system that in- lifting a video tape, book, or computer pro- law, the NET Act sends the strong message cludes rail, road, and air transportation. gram from a department store. Through a that we value the creations of our citizens and I would like to mention one project that will loophole in the law, however, copyright infring- will not tolerate the theft of our intellectual have a positive impact on my State and New ers who pirate works willfully and knowingly, England. The project is the re development of property. but not for profit, are outside the reach of our Quonset Point/Davisville, a 3,000-acre former Nation's law enforcement officials. This bizarre naval facility in North Kingstown, RI, into a situation has developed because the authors major industrial center in the Northeast. E1530 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 The Quonset Point/Davisville project is of ut- projects as important as those in the Great Furnished by: Office, Assistant Secretary most importance to the economic development Lakes should suffer disproportionately. The of the Army (Civil Works) of my State and the region. The development operations directed at the Chicago office are U.S. ARMY CORPS OF ENGINEERS DIVISION of Quonset Point has broad-based support vital to projects conducted on the Great Lakes, RESTRUCTURING PLAN, Jan. 22, 1997 from business leaders, government officials, and its closure would impede progress on and the voters of Rhode Island. many projects that my colleagues in the Great Current alignment Final configuration Completion of the Rhode Island Rail Devel- Lakes and I consider important. opment project is a crucial component to pro- Mr. Speaker, I would like to include for the Engineering and Support Center, No change. viding adequate freight access to Quonset RECORD two documents that are the basis for Huntsville, Alabama. Transatlantic Programs Center, Win- No change. Point/Davisville. The funding provided in this my concern. The first is a January 22, 1997, chester, VA.. bill along with a recently passed State bond outline of the plan submitted by the Army Transatlantic Programs Center (Europe). agreement will go a long way to making sure Corps and approved by the Secretary of the South Atlantic Division. that Rhode Island and New England will have Army to reorganize its division structure pursu- Mobile, Jacksonville, Savannah, No change. Charleston, Wilmington. adequate access to rail. ant to the Energy and Water Development Ap- North Pacific Division. Again, I thank Chairman WOLF and Ranking propriations Act of fiscal year 1997. This plan Alaska, Portland, Seattle, Walla North Pacific and Missouri River di- Walla. visions combined to form the Member SABO for their work in producing a bi- clearly indicated that the Army Corps intended Northwestern Division. Alaska partisan bill. to maintain dual Division headquarters offices District transferred to POD. Divi- sion HQ offices retained in f in both Chicago and Cincinnati, each with de- Omaha and Portland, each with cision-making staff. The second document that regional deputy commander and ENERGY AND WATER DEVELOP- SES. I am submitting for the RECORD was provided Missouri River Division. MENT APPROPRIATIONS ACT, by the International Federation of Professional Omaha, Kansas City. Omaha, Portland, Seattle, Kansas 1998 City, Walla Walla. and Technical Engineers Local 777 in Chi- Pacific Ocean Division. cago, IL. It includes an internal Army Corps Honolulu, Far East (Korea), Pacific Ocean Division. SPEECH OF Japan. Honolulu, Far East (Korea), Japan, memorandum from the Commander of the Alaska. HON. STEVE C. LaTOURETTE Great Lakes and Ohio Division regarding Divi- New England Division ...... Division functions eliminated; re- named New England District (of- OF OHIO sion restructuring dated May 27, 1997. This fice remains in Waltham). As- IN THE HOUSE OF REPRESENTATIVES memo states clearly the Army Corps' intention signed to North Atlantic Division. North Atlantic Division. Thursday, July 24, 1997 to severely reduce and eventually to close the New York, Philadelphia, Balti- North Atlantic Division: New York, Chicago Division office of the Great Lakes and more, Norfolk. Philadelphia, Baltimore, Norfolk, New England. The House in Committee of the Whole Ohio Division. Mr. Speaker, thank you for al- Southwestern Division. House on the State of the Union had under lowing me this opportunity to bring this matter Little Rock, Albuquerque, Fort Southwestern Division: Albuquerque consideration the bill (H.R. 2203) making ap- Worth, Galveston, Tulsa. District transferred to South Pa- to my colleagues' attention. cific Division. Little Rock, Fort propriations for energy and water develop- DEPARTMENT OF THE ARMY, OFFICE Worth, Galveston, Tulsa. ment for the fiscal year ending September 30, South Pacific Division. OF THE SECRETARY OF THE ARMY, 1998, and for other purposes: San Francisco, Sacramento, Los South Pacific Division: San Fran- Washington, DC. Angeles. cisco, Sacramento, Los Angeles, Mr. LATOURETTE. Mr. Chairman, it has re- Information for Members of Congress Albuquerque. North Central Division. cently come to my attention that the Army The Energy and Water Development Ap- Chicago, St. Paul, Rock Island, Ohio River and North Central divi- Corps of Engineers is planning to restructure propriations Act of fiscal year 1997 (PL 104– Detroit, Buffalo. sions combined to form the Great 206) requires that the Secretary of the Army Lakes and Ohio River Division. St. its Great Lakes and Ohio River Division by Paul and Rock Island districts first severely reducing the number of employ- develop a plan that reduces the number of transferred to Mississippi Valley ees, particularly those with decision-making U.S. Army Corps of Engineers divisions to no Division. Division HQ offices re- less than six and no more than eight, with tained in Chicago and Cincinnati, authority, at its Chicago office and eventually each regional deputy commander each division responsible for at least four and SES. closing it down entirely. This plan is docu- district offices. The Secretary has approved Ohio River Division. mented in an internal Army Corps memo that such a plan; the purpose of this paper is to Louisville, Huntington, Pitts- Louisville, Chicago, Pittsburgh, burgh, Nashville. Nashville, Buffalo, Huntington, I have obtained from the International Federa- inform you of its provisions. Detroit. tion of Professional and Technical Engineers An outline of the plan is attached. The key Lower Mississippi Valley Division. elements of this plan are as follows: Memphis, Vicksburg, New Orle- Mississippi Valley Division: Mem- Local 777. This plan would leave the Great ans, St. Louis. phis, Vicksburg, New Orleans, St. Lakes region with only one office, in Cin- 1. The Corps will convert New England Di- Louis, Rock Island, St. Paul cinnati, and would obliterate the institutional vision to district status and assign it under the North Atlantic Division. memory that is so vital to Army Corps oper- 2. The Alaska District will be transferred INTERNATIONAL FEDERATION OF PRO- ations in this region. Losing the Chicago divi- from the North Pacific Division to the Pa- FESSIONAL AND TECHNICAL ENGI- sion office to Cincinnati will mean that the cific Ocean Division (POD). POD head- NEERS, Great Lakes will most likely lose resources, quarters will remain in Honolulu. Chicago, IL, July 21, 1997. funds, and priority consideration for projects in 3. The Great Lakes districts of the North MS. ROCHELLE STURTEVANT, this region. Central Division (NCD) will be combined Great Lakes Task Force, Office of Senator J. Last year, when this Congress passed the with the districts of the Ohio River Division Glenn, U.S. Senate, Washington, DC. Energy and Water Development Appropria- to form the Great Lakes and Ohio River Di- DEAR MS. STURTEVANT: The employees of vision. Division headquarters offices will re- tions Act for fiscal year 1997, the Army Corps the former North Central Division are ex- main in both Chicago and Cincinnati, each tremely grateful for the support provided by was directed to reduce its divisions to no less with a regional deputy commander and SES. Senator Glenn and the other representatives than six and no more than eight. The Depart- 4. The districts of the North Pacific Divi- within the Great Lakes Region. We are re- ment of the Army's Office of Civil Works sub- sion (less Alaska) will be combined with the miss in not passing that sentiment on soon- mitted a plan to the Congress which detailed districts of the Missouri River Division to er. We waited because many feared what the restructuring plan, approved by the Sec- form the Northwestern Division. Division General Ballard outlined was not what would retary. This plan stated that, ``The Great Lakes headquarters offices will remain in both occur. Unfortunately, this appears to be the districts of the North Central Division will be Portland and Omaha, each with a regional case. deputy commander and SES. I want to share with you some correspond- combined with the districts of the Ohio River 5. Two districts located along the Mis- ence with significant implications for any Division to form the Great Lakes and Ohio sissippi River (currently assigned to NCD) continued presence, let alone a full service, River Division. Division headquarters will re- will be combined with the districts currently functional and decision making Great Lakes main in both Chicago and Cincinnati, each assigned to the Lower Mississippi Valley Di- Regional Office in Chicago. with a regional deputy commander and SES.'' vision. The division will be renamed as the The first is a memo from the Chief of Engi- The closure of the Chicago office would af- Mississippi Valley Division. neers Lieutenant General Joe Ballard, dated fect my State as well as the entire Great 6. One district will be transferred from the 27 May 1997, which approved the Chicago Di- Lakes region, and I am troubled by this action Southwestern Division to the South Pacific vision Office as the Great Lakes Regional Of- Division. fice under the Great Lakes and Ohio River on the part of the Army Corps. When the Ap- A briefing on the components of this plan Division (LRD). It includes a request that propriations Committee wrote the language di- will be provided, if desired. Please contact the LRD Commander personally contact recting the Army Corps to reduce its overall di- the Director of Civil Works, Headquarters, LTG Ballard on designation of functional vision structure, I do not believe that it was the U.S. Army Corps of Engineers at (202) 761– chiefs (where the functional chiefs, i.e., Committee's intention that a region with 0108 to request such a briefing. Planning, Engineers, Construction who will July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1531 have most decision-making authority, will continue to influence decisions. General these systems to the new EROC, UIC, and of- be located). Note that the Chief made at Genetti is also a former Ohio River Division fice symbols will be time consuming and will least two of the decisions himself. Commander and an excellent conduit to directly impact your execution timelines. I The second item is Permanent Orders No. Colonel Jansen his former deputy. General have appointed a taskforce to determine the 29–1, from the Headquarters Chief of Staff, Van Winkle also has no Corps experience and best way to accomplish this. This task force dated 10 June 1997, which directs that LRD was briefed by his predecessor Colonel Jan- will publish a detailed conversion schedule will INITIALLY maintain two Division Re- sen. The deck was stacked from the start. by mid-June. Other AIS issues: gional Headquarters, one of which is Chicago We are looking to Senator Glenn, the (1) The CEAP cap and billing algorithm (emphases added). Note that the Great Lakes Great Lakes Congressional Task Force and will remain as currently structured for the Regional Office has its own Unit Identifica- Great Lakes Commission for counsel on how remainder of FY97. The FY98 guidance will tion Code (UICs) while the Ohio River Re- we should proceed. Perhaps the Corps should align billing with the new Division struc- gional Headquarters has the same UICs as be asked to brief certain Representatives or ture. CEAP circuit relocations and upgrades the Great Lakes and Ohio River Division Of- staff, perhaps slowing down the process while will be based on individual requirements of fice. That identifies that the Ohio River Re- we collectively develop language to be added impacted Divisions. gional Headquarters and the Division Office to the next COE appropriations. The lan- (2) For distress transferring from one divi- are one and the same. guage could note that the intention of Con- sion to another, the transfer of FY97 AIS The third item is a memo from Colonel gress is to preserve a functional, full service, data and other electronic records will be Jasen, the Acting Commander of LRD, dated decision making Corps Division-level pres- made to the gaining division. For divisions 23 June 1997. This memo formalizes his deci- ence in Chicago to service the Great Lakes. giving up districts, plans must be developed sion designating the division POC’s. Thirteen Thank you for your time. to archive prior year AIS data and electronic of the functional chiefs are Cincinnati em- DUANE A. KOWALSKI, records at the current location (to include ployees. Only two are Chicago employees, President. the regional Omaha and Chicago offices). Mr. Dwight Beranek and Mr. Mike Lee. Mr. These plans will be submitted along with the Beranek is an SES and could be transferred plan for records management as requested in on short notice. Mr. Lee is the contract ad- CECG, 27 May 1997. CEIM–IR memo, dated 4 April 1997, subject: ministrator and does not make decisions ap- Memorandum for Commander, Great Lakes Division Restructuring Implementation— proving studies or projects. We question the and Ohio River Division. Records Management Impact. legality of creating a new division office and Subject: Division restructuring. (3) POC for information management is- staffing it non-competitively, with the only 1. Reference: sues is Ms. Cathy Sheridan, CEIM–L, (202) apparent qualification being the state of a. Public Law 104–206. 761–0468. residency. b. HQUSACE CECG memo dated 31 March d. FY99 Civil Works Operations and Main- The last item is a May 7 e-mail memo from 1997; Division Restructuring Implementation tenance roll-up. AIS systems will not be con- General Jeo Ballard to General Albert Guidance. verted to the new structure in time to meet Genetti in response to my May 2 e-mail mes- c. U.S. Army Corps of Engineers Great the FY99 Civil Works O&M Budget submittal sage. Note that one month after implementa- Lakes and Ohio River Division Implementa- suspense of 20 June. Consequently, districts tion, the Chief of Engineers already identi- tion Plan for Division Restructuring, dated 2 who now report to a new division head- fies that the two regional office concept May 1997. quarters will prepare their submittals in co- ‘‘would not last forever.’’ 2. This headquarters has completed its re- ordination with that new division. Submit- Despite what we have been told, it appears view of the restructuring plan submitted in tals will be made, however, according to the that all future decisions will be stacked reference 1c. Your plan is approved for execu- old MSC structure. District and MSC offices against the Chicago office. The decision tion consistent with the comments which are currently engaged in putting their budg- making for the LRD will be controlled from follow. et submittals into the O&M Automated Cincinnati, and our ability to influence deci- 3. General comments for all division com- Budget System (ABS). The budget will be ar- sions on Great Lakes projects and funding manders: ranged according to the new MSC organiza- diminished. The number of Great Lakes Re- a. The pace of change. Each commander tional structure by HQUSACE after the divi- gional Office employees will be reduced to has presented a timeline which aggressively sion budget submittals have been received. 20–25. It is questionable if we can be effective implements the new organizational struc- 4. Resourcing: as such a small staff, and it is probable that ture. I appreciate the work that went into a. Operations and Maintenance, Army the Chicago Division office will ultimately developing your plans and commend all of (OMA): Fiscal Year 1997 OMA funds for divi- close. The new LRD Commander, General you for the personal support you are invest- sion office staffing were distributed to the Van Winkle, assumes command this week. ing to ensure the plan becomes a reality. MSCs at the beginning of the fiscal year. He could reverse or at least postpone the de- However, I want to emphasize that there is There are no funds remaining in the head- cision made by Colonel Jansen. no need to rush into this restructuring. It is quarters for that purpose, nor were any addi- We believe that the whole dual Regional my intent that the pace of transition to this tional OMA funds appropriated specifically Office concept was simply a sham to allow new structure be deliberate and measured. I for MSC restructuring. Further, Fiscal Year the Chief of Engineers to transfer half of our want you to ensure we are properly taking 1998 budget guidance issued earlier this year workload, and slash our budget allotment. It care of our people who may be impacted by depicts a 20 percent overall reduction in also allowed time to drive employees out of these changes as well as keep interested par- funding compared with Fiscal Year 1997. our office with cash incentives to retire or ties informed of our progress. So pace your- Every effort must be made to constrain oper- take early retirements. These actions were self to do this right; it is more important ating costs within current budgetary guid- taken before any consideration was given to that we do this smart rather than fast. ance. Any requirements over and above the what mission this office would accomplish or b. Resourcing. I also want to make it clear current budgetary guidance must be accom- what competencies would be required. Our that I expect real savings in General Ex- modated through the Unfinanced Require- staff is being used to reduce the impact to penses (GE) funding, GE full time equivalent ment (UFR) process through Resource Man- Ohio employees caused by the loss of Ohio’s (FTE) staffing, and Operations and Mainte- agement channels. military workload. By the time the truth be- nance, Army (OMA) funding to emerge from b. General Expenses (GE): Fiscal Year 1998 comes obvious to others, the destruction of this restructuring. Some commanders have GE funding and staffing guidance has been this office’s capability to function will be de- asked for staff increases. I am willing to con- developed based on headquarters review of stroyed to the point that it will be irrevers- sider modest increases in specific situations division restructuring plans, the President’s ible. Of course, the true intentions are more where individual division staff workload has Budget request of $148 million, and projected obvious to those of us that see the continual truly been increased. But these increases outyear funding levels. This FY 98 funding indications of betrayal. will be made in a zero-sum environment, guidance as well as a five-year resourcing For several years, the Great Lakes Region achieved through cross leveling throughout plan will be provided under separate cover. has fought to keep this office open. Congress the Corps. There will be no net increase in c. Restructuring Costs ($000): Restructur- has rejected earlier plans prepared by Gen- overall Corps staffing levels. You need to un- ing implementation costs totaling $2.6 mil- eral Williams and his deputy, General derstand and plan for the fact that division lion Civil (GE) and $1 million Military (OMA) Genetti, as well as others. Congressional rep- staffs will likely decrease in size even more were submitted. In some cases, requests for resentatives were duped into acceptance of a over the next few years. Further guidance is funds duplicated or referred to requirements plan that had no facts to substantiate it provided in paragraph 4 below. identified in the joint GE/OMA Mid-Year Re- other than ‘‘trust me’’ we’ll do what’s right. c. Information management. The align- view. In other cases, requirements were not At our Townhall meeting, General Ballard ment of our automated information systems clearly related to the restructuring effort, proudly proclaimed that he had no Corps ex- (AIS) within the new organizational struc- and will require further review and coordina- perience. He was briefed on this issue by ture is the most complex aspect of this re- tion with your staff to determine the appro- General Williams and other HQUSACE staff structuring. We have identified 36 separate, priate source and level funding needed as members that had long supported our clo- Corps-wide systems that require changes. events unfold. The amounts shown for FY 97 sure. He made his decision in about one Many of these are interconnected, sharing will be allocated shortly, any additional re- month. General Genetti is currently General data with external Department of Army sys- quirements for FY 97 and FY 98 will require Ballard’s Deputy and is still available to tems and other Corps systems. Converting further justification incrementally as funds E1532 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 1997 are needed, such as the actual number and Great Lakes Regional Headquarters (located Subject: Commander’s action on VSIP/VERA cost of approved VERA/VSIPs, prior to allo- in Chicago). UICs; CEW02208 and CEW2SM08 for CELRD Regional Offices, 1998. cation of funds. However, to the extent funds and, Ohio River Regional Headquarters (lo- LATORUNEY, Paul: VSIP approved. are available, valid restructuring and related cated in Cincinnati, UIC, CEW072AA and Latourney’s position is to be abolished. costs will be funded. Additional requests CEW2SMAA. LEINTZ, Barbara: VSIP and VERA ap- should be presented to the Directorate of Re- Assigned to: Great Lakes and Ohio River proved. Leintz’s position is to be abolished. source Management. ATTN: CERM-B, for re- Division, U.S. Army Corps of Engineers. LEONARD, Donald: VSIP approved. Mr. view and coordination. 2. Action: Northwestern Division (NWD) Beranek to make recommendation to divi- d. LRD specific GE and OMA staffing and UICs; CEW071AA and CEW2SJAA restructure sion commander on how to structure Chicago restructuring funding guidance: will initially maintain two Division Re- office for future end-state structure. How- gional Headquarters: North Pacific Regional ever, the Chief of DETS Engineering Division FY 97 FY 98 Headquarters (located in Portland), UICs; will be in OR Regional Office, Mr. Beranek FTE $000 FTE $000 CEW071AA and CEW2SJAA and, Missouri will be the division Director of Engineering River Regional Headquarters (located in and Technical Services. Requested GE N/A 209 145 650 Omaha), UICs; CEW07107 and CEW2SJ08. As- LISUZZO, Gactano: VSIP and VERA ap- Approved GE ...... 1 160 121 1 650 proved. Lisuzzo’s position is to be abolished. Requested other civil N/A ...... 20 ...... signed to: Northwestern Division, U.S. Army Approved other civil ...... TBD ...... Corps of Engineers METZ, Anada: VSIP and VERA approved. Mission: Not Applicable Metz’s position is to be abolished. 1 Costs for ADP upgrades, new equipment purchases in FY 97 totaling MUELLER, Jewell: VSIP approved. $149K and $500K for VERA/VSIPs in FY 98 need further review and justifica- Effective Date: 2 June 1997 tion prior to funding. FY 97 amount excludes $97.3K requested for HR VSIP/ Military Structure Strength: NA Mueller’s position is to be abolished. VERA actions, which are to be funded as part of the Mid-Year Review. Military Authorized Strength: NA OKONSKI, Jerome: VSIP approved. Effec- Civilian Structure Strength: NA e. The lead for coordinating FY98 FTE al- tive date not later than 3 January 1998. Civilian Authorized Strength: NA locations to districts being transferred to a Okonski’s position is to be abolished. Direc- Accounting Classification: as provided by new division is the commander of the gain- tor of Program Management to make rec- separate directive. ing division in coordination with the com- ommendation of division commander on fu- Authority: Public Law 104–206 and ture end-state structure. Director of Pro- mander of the losing division. Responsibility SECARMY approval of Division Restructur- for reallocation transfers to the gaining gram Management will be in OR Regional ing Plan. Office and will be director for division. commander. Special Instructions: EROCs and UICs will f. POC for resourcing issues is Mr. Bronel ORDONEZ, Jose: VSIP approved. Ordonez’s remain as assigned in the initial implemen- position is to be abolished. Jerrell, CERM-B, (202) 761–1104. tation guidance until conversion to one 5. Division specific issues. PRITCHARD, Barry: VSIP approved. EROC and UIC for the division. a. Dam safety: The plans do not discuss the Pritchard’s position is to be abolished. Mr. Format: 740 Steiner will be the Planning Division Chief activities required for the transfer of divi- For the Commander. sion level Dam Safety responsibilities. Since for the division. OTIS WILLIAMS, dam safety is an important function a de- SMITH, Robert: VSIP approved. Smith’s Colonel Corps of Engineers, position is to be abolished. tailed dam safety transfer plan should be de- Chief of Staff. veloped at the earliest possible date and a SORENSON, Rosa: VSIP and VERA ap- copy of the plan furnished to the HQUSACE proved. Sorenson’s position is to be abol- Dam Safety Officer for information. The de- JUNE 23, 1997. ished. tailed plan should address the 11 dams in the Memorandum for Record. WESTALL, William: VSIP approved. former North Central Division that are being Subject: Commander’s action on VSIP/VERA Westall’s position is to be abolished. transferred to this division. A portion of the for CELRD regional offices, June 1997. (2) Ohio River Regional Office, Cincannati. plan should also address the 60 dams in the 1. The following records the Division Com- EBERHARDT, Berry Mae: VSIP approved. St. Paul and Rock Island Districts that are mander’s decisions and guidance related to Eberhardt’s position is to be abolished. EMMERICH, John: VSIP approved. being transferred from the former North granting of VSIP and VERA to employees of Emmerich’s position is to be abolished. Central Division to the Mississippi Valley the division regional offices in Chicago and GOLLADAY, Walter: VSIP and VERA ap- Division. CECW–EP is available to assist as Cincinnati, and related matters as made in a proved. IM staff (between two offices, to be required. POC is Mr. Charles Pearre, (202) meeting with key staff on 12 June 1997. reduced by one.) 761–4531, or Mr. Robert Bank, (202) 761–1660. 2. Decisions on VSIP and VERA. GREGORY, Phyllis: Disapproved. Key posi- b. Functional office chiefs. We have dis- a. The effective date for all approved NLT tion as CEFMS coordinator, cannot afford to cussed the issue of how and when to des- 3 October 1997 unless otherwise indicated. lose her expertise at this critical time. ignate chiefs for your various functional Extension of effective dates for those ap- HUGENBERG, Thomas: VSIP and VERA areas. Request you contact me personally to proved for VERA to 3 October 1997 is made approved. Effective date not later than 21 review your plans for operating as one staff under the delegation of this authority. November 1997. Hugenberg’s position is to be located in two locations. b. HQUSACE. CEHR–E memorandum, 5 c. The Director of Resource Management April 1995 subject: DOD Voluntary Early Re- abolished. JAMES, Jackie: Disapproved. Chief of will coordinate and integrate the timing and tirement Authority (VERA). Audit position will be in end-state structure structure of EROC code changes to reflect b. Specific actions. in all likelihood. As both Chief Auditors the future division. Our short term policy (1) Great Lakes Regional Office. Chicago. have applied, under DOD policy the one with will be to retain separate EROC codes for AITLAND, Esther: VSIP approved. Effec- the senior Service Computation Date must each of the regional headquarters. Our long tive date not later than 3 January 1998, ear- be approved first. Therefore VSIP and VERA term policy will be to move toward one lier if possible. Mr. Beranek to attempt to were approved for Mr. Batburney and dis- EROC code per commander for division head- negotiate earlier date. Aitland’s position is approved for Mr. James. quarters. The AIS team will recommend a to be abolished. PERRY, Norman: VSIP approved. Mr. time line which will coordinate and inte- BOCHANTIN, Bernard: VSIP and VERA ap- Mello’s position is to be abolished and be re- grate these changes with all of the other proved. Bochantin’s position is to be abol- assigned to Mr. Perry’s position. Effective interrelated AIS systems. ished. 6. POC, this headquarters, MG Russ CAVINESS, Marie: VSIP approved. date to be not later than 3 January 1998. STRACHN, Donna: VSIP and VERA ap- Fuhrman, (202) 761–0099 or COL Rick Mogren, Caviness’s position is to be abolished. proved. Effective date to be not later than 3 (202) 761–0108. CHIN, Bing: VSIP approved. Effective date not later than 3 January 1998, or earlier on January 1998. Strachn’s position is to be JOE N. BALLARD, Mr. Beranek’s decision. Chin’s position is to abolished and duties to be combined with Ex- LIEUTENANT GENERAL, USA, ecutive Liaison position, to include super- Commanding. be abolished. GILLILAND, Betty: VSIP approved. Mr. vision over Public Affairs Specialists in both Beranek to determine position to be abol- regional offices. DEPARTMENT OF THE ARMY, ished from within GL DETS. Surplus HR em- SUPPLE, Mary: VSIP approved. Ms. U.S. ARMY CORPS OF ENGINEERS, ployee is not to be placed in GL DETS or Rosario’s position in Resource Management Washington, DC, June 10, 1997. elsewhere in GL Regional Office as a result is to be abolished. Messrs. Basham, Gibson, Permanent Orders of this VSIP; need to get total numbers and White to decide how duties being per- No. 29–1 down, not moved around internally. See ad- formed by Ms. McAlister, Rosario and Supple Restructure within the U.S. Army Corps of ditional guidance below. to be combined into remaining positions in Engineers. HAIDINYAK, Julie: VSIP approved. the trade directorates. Following organization/unit action di- Haidinyak’s position is to be abolished. TOWNSEND, John: VSIP and VERA ap- rected: KANDL, Gregory: VSIP and VERA ap- proved. Townsend’s position is to be abol- 1. Action: Great Lakes and Ohio River Di- proved. Kandl’s position is to be abolished. ished. vision (LRD) LTCs; CEW072AA and KOWALKOWSKI, Lorraine: VSIP ap- 3. Other commander’s decisions guidance: CEW2SMAA. restructure will initially main- proved. Kowalkowski’s position is to be abol- a. As the above actions are effected, the re- tain two Division Regional Headquarters: ished. maining staff principles will be designated as July 25, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1533 the division staff officer for both regions and that office will be afforded bump and retreat However our sense of well being falters all seven districts. This includes the follow- rights under RIF to occupied positions only. when we hear statements that are opposite ing directors/office chiefs: (RM action to offi- All positions in the Great Lakes Regional Of- of what we heard from you. What is even cially designate) fice which are not presently permanently en- worse, is receiving correspondence from Programs Management—Mr. Michael cumbered by an employee will be officially HQUSACE that does not exhibit the intent of White (pending assignment/selection of an abolished along with those indicated above. the restructuring plan. One such example SES to the position). d. Mr. Michael Loesch from GL Regional was the 31 Mar 1997 memo on Restructuring Engineering and Technical Services—Mr. Office is to be offered the position in OR Implementation Instructions which identi- Dwight Beranek; Planning Division—Mr. DETS, Construction-Operations Division fied Office Symbols, EROC’s and UIC’s for Daniel Steiner, Engineering Division—To be vice Sherm Gee. Corps offices. There was no organizational recruited with duty location in Ohio River e. Mr. Timothy Monteen is to be offered a element identified as the Ohio River Re- Regional Office, Cincinnati, Real Estate Di- management directed reassignment to the gional Office. We understand that those con- vision—Mr. Dominick Lijoi. OR DETS, Construction-Operations position cerns were heard, understood and being acted Audit—Mr. Jackie James. vice Dave Patuson. upon. Contracting—Mr. Michael Lee (Chicago). ALEXANDER R. JANSEN, The worst example of HQUSACE insen- Division Counsel (approved by the Chief of Colonel, Corps of Engineers, sitivity to this issue is the Corps’ Home Page Engineers)—Mr. Terry Kelley. Commanding. Equal Employment Opportunity Officer— on the Internet. Again, there is a Great Lakes Regional Office in Chicago. But, no Ms. Juleana Frierson. GENERAL BALLARD: I am writing regarding mention of a Regional Office in Cincinnati, Human Resources—Mr. William St. John. a problem that has developed during the only the Great Lakes Ohio River Division Of- Information Management—Mr. Walter writing of the Corps’ division restructuring fice. Golladay. plans. The problem is the perception that Logistics Management—Mr. Gary Thom- Regional Offices in Chicago and Omaha are We have taken you at your word and hope son. subservient to their co-regional office. that these are only errors of ignorance, and Provost Marshal/Inspector General—MAJ The perception is caused by a general lack that the Home Page has not been corrected Joanne Dewberry. of information or communication to the di- due to other IM efforts required to imple- Public Affairs—Ms. Donna Strachn (until visions, and HQUSACE staff. The staff in ment your restructuring plan. Perhaps a few retirement, then combined as indicated Cincinnati has not had a Town Hall meeting words to the HQUSACE Chief of Information above). to explain the dual regional office concept or Management would clarify the perception Resource Management (as approved by the the transition plan. One staff member was the Home Page gives to all that see it, and Chief of Engineers)—Mr. Paul Gibson. reported as saying something to the effect of identify it as a high priority item. c. I previously made the decision to abolish ‘‘We have 90 new employees and don’t know Thank you for your assistance. all Human Resources (HR) positions in the what to do with them’’. The transition teams DUANE A. KOWALSKI, former NCD operating HR office and conduct have worked together to prepare a plan that President, a Reduction in Force (RIF); HR employees in should be acceptable to all. Local 777, IFPTE. Friday, July 25, 1997 Daily Digest

HIGHLIGHTS The House passed H.R. 2203, Energy and Water Development Appro- priations Act for FY 1998. The House appointed conferees for H.R. 1119, Department of Defense Authorization Act. Senate Mexico Antidumping Investigation: Senate Chamber Action agreed to S. Con. Res. 43, urging the United States Routine Proceedings, pages S8113–S8160 Trade Representative immediately to take all appro- Measures Introduced: Four bills and one resolution priate action with regards to Mexico’s imposition of were introduced, as follows: S. 1068–1071, and S. antidumping duties on United States high fructose corn syrup. Pages S8158±60 Con. Res. 43. Pages S8153 Measures Reported: Reports were made as follows: International Dolphin Conservation Program S. Con. Res. 33, authorizing the use of the Capital Act—Agreement: A unanimous-consent agreement was reached providing for the consideration of S. 39, Grounds for the National SAFE KIDS Campaign to amend the Marine Mammal Protection Act of SAFE KIDS Buckle Up Car Seat Check Up. 1972 to support the International Dolphin Conserva- Pages S8153 tion Program in the eastern tropical Pacific Ocean. Measures Passed: Pages S8139±40 Global Warming: By a unanimous vote of 95 Messages From the House: Page S8152 yeas (Vote No. 205), Senate agreed to S. Res. 98, ex- Measures Placed on Calendar: Page S8152 pressing the sense of the Senate regarding the condi- tions for the United States becoming a signatory to Communications: Pages S8152±53 any international agreement on greenhouse gas emis- Statements on Introduced Bills: Pages S8153±56 sions under the United Nations Framework Conven- Additional Cosponsors: Page S8156 tion on Climate Change. Pages S8113±39 Authority for Committees: Page S8157 Howard M. Metzenbaum U.S. Courthouse: Sen- Additional Statements: Pages S8157±58 ate passed S. 833, to designate the Federal building courthouse at Public Square and Superior Avenue in Record Votes: One record vote was taken today. Cleveland, Ohio as the ‘‘Howard M. Metzenbaum (Total—205) Page S8138 United States Courthouse’’. Page S8158 Adjournment: Senate convened at 9:30 a.m., and Robert J. Dole U.S. Courthouse: Senate passed S. adjourned at 3:08 p.m., until 12 Noon, on Monday, 1000, to designate the United States courthouse at July 28, 1997. (For Senate’s program, see the re- 500 State Avenue in Kansas City, Kansas, as the marks of the Acting Majority Leader in today’s ‘‘Robert J. Dole United States Courthouse’’. Record on page S8160.) Pages S8158±59 Lloyd D. George U.S. Courthouse: Senate passed Committee Meetings S. 1043, to designate the United States courthouse (Committees not listed did not meet) under construction at the corner of Las Vegas Boule- vard and Clark Avenue in Las Vegas, Nevada, as the NOMINATIONS ‘‘Lloyd D. George United States Courthouse’’. Committee on Foreign Relations: Committee concluded Pages S8158±59 hearings on the nominations of Maura Harty, of D826 July 25, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D827 Florida, to be Ambassador to the Republic of Para- sion of veterans benefits decisions based on clear and guay, and James F. Mack, of Virginia, to be Ambas- unmistakable error, S. 623, to deem certain service sador to the Co-operative Republic of Guyana, after in the organized military forces of the Government the nominees testified and answered questions in of the Commonwealth of the Philippines and the their own behalf. Philippine Scouts as active service for purposes of eligibility for veterans benefits, S. 714, to perma- CAMPAIGN FINANCING INVESTIGATION nently authorize the Native American Veteran Hous- Committee on Governmental Affairs: Committee contin- ing Loan Pilot Program, S. 730, to make retroactive ued hearings to examine certain matters with regard the entitlement of certain Medal of Honor recipients to the committee’s special investigation on campaign to the special pension provided for persons entered financing, receiving testimony from Donald K. and recorded on the Army, Navy, Air Force, and Stern, United States Attorney for the District of Coast Guard Medal of Honor Roll, proposed legisla- Massachusetts, Boston; and Richard Richards, Young tion to provide for an increase in the Medal of Brothers Development (USA), Inc., Miami, Florida, Honor pension, S. 813, to provide criminal penalties former Chairman, Republican National Committee. for theft and willful vandalism at national ceme- Hearings continue on Tuesday, July 29. teries, S. 986, to make certain improvements in the housing loan programs for veterans and eligible per- VETERANS AFFAIRS sons, and proposed legislation to codify the 1997 Committee on Veterans Affairs: Committee concluded cost-of-living-adjustment legislation, after receiving hearings on proposed legislation to codify and clarify testimony from Senator Inouye; Representatives VA resource allocation standards, S. 801, to provide Filner and Gilman; Stephen L. Lemons, Acting for improved and expedited procedures for resolving Under Secretary for Benefits, and Thomas L. complaints of unlawful employment discrimination Garthwaite, Deputy Under Secretary for Health, and sexual harassment within VA, S. 999, to require both of the Department of Veterans Affairs; and Jac- VA to adopt standards for the provision of mam- queline Garrick, American Legion, Dennis M. mography services, proposed legislation to reform Cullinan, Veterans of Foreign Wars of the United VA eligibility requirements, proposed legislation to States, Joseph A. Violante, Disabled American Veter- authorize certain legal authorities related to the pro- ans, and Kelli R. Willard West, Vietnam Veterans vision of VA health care services, S. 309, to prohibit of America, all of Washington, D.C. parking fees at VA medical centers operated under a sharing agreement with the Department of De- NATIONAL SAFE KIDS CAMPAIGN fense, proposed legislation to authorize major medi- Committee on Rules and Administration: Committee ap- cal facility projects and leases, S. 987, to provide a proved for reporting S. Con. Res. 33, authorizing the cost-of-living-adjustment in the rates of disability use of the Capital Grounds for the National SAFE compensation for veterans with service connected KIDS Campaign SAFE KIDS Buckle Up Car Seat disabilities and other benefits, S. 464, to allow revi- Check Up. h House of Representatives H.R. 2264, making appropriations for the Depart- Chamber Action ments of Labor, Health and Human Services, and Bills Introduced: 13 public bills, H.R. 2261–2263, Education, and related agencies for the fiscal year 2265, 2268–2276; 1 private bill, H.R. 2277; and 4 ending September 30, 1998 (H. Rept. 105–205); resolutions, H. Con. Res. 123–126, were introduced. H.R. 2266, making appropriations for the Depart- Pages H5825±26 ment of Defense for the fiscal year ending September Reports Filed: Reports were filed today as follows: 30, 1998 (H. Rept. 105–206); H.R. 1953, to clarify State authority to tax com- H.R. 2267, making appropriations for the Depart- pensation paid to certain employees (H. Rept. ments of Commerce, Justice, and State, the Judici- 105–203); ary, and related agencies for the fiscal year ending H.R. 1348, to amend title 18, United States September 30, 1998 (H. Rept. 105–207); and Code, relating to war crimes, amended (H. Rept. H.R. 695, to amend title 18, United States Code, 105–204); to affirm the rights of United States persons to use D828 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1997 and sell encryption and to relax export controls on Agreed to H. Res. 194, the rule that provided for encryption (H. Rept. 105–108 Part II). Page H5825 consideration of the bill on July 24. Pages H5732±44 Guest Chaplain: The prayer was offered by the Late Reports—Appropriations Committee: The guest Chaplain, the Reverend Bruce Mackenzie of Committee on Appropriations received permission to Boulder, Colorado. Page H5781 have until midnight tonight, July 25, to file three Legislative Branch Appropriations: The House reports on bills making fiscal year 1998 appropria- agreed to H. Res. 197, the rule providing for consid- tions for the Department of Defense; the Depart- eration of H.R. 2209, making appropriations for the ments of Labor, Health and Human Services, and Legislative Branch for the fiscal year ending Septem- Education, and related agencies; and the Depart- ber 30, 1998, by a recorded vote of 218 ayes to 203 ments of Commerce, Justice, and State, the Judici- noes, Roll No. 325. Earlier, agreed to order the pre- ary, and related agencies. Page H5798 vious question by a yea and nay vote of 222 yeas to DOD Authorization Act Conference: The House 201 nays, Roll No. 324. Pages H5783±93 disagreed to the Senate amendments to H.R. 1119, Energy and Water Appropriations: By a yea and to authorize appropriations for fiscal years 1998 and nay vote of 418 yeas to 7 nays, Roll No. 329, the 1999 for military activities of the Department of House passed H.R. 2203, making appropriations for Defense, to prescribe military personnel strengths for energy and water development for the fiscal year fiscal years 1998 and 1999, and agreed to a con- ending September 30, 1998. The House completed ference. Pages H5798±H5805 debate and considered amendments to the bill on Appointed as conferees: From the Committee on National Security, for consideration of the House bill July 24. Pages H5793±98 Agreed To: and the Senate amendment, and modifications com- mitted to conference: Chairman Spence and Rep- The Fazio substitute amendment to the Petri resentatives Stump, Hunter, Kasich, Bateman, Han- amendment that prohibits any funding for the sala- sen, Weldon of Pennsylvania, Hefley, Saxton, Buyer, ries of Department of the Interior employees for the Fowler, McHugh, Talent, Everett, Bartlett, Lewis of Animas-LaPlata Project in Colorado and New Mex- Kentucky, Watts of Oklahoma, Chambliss, Riley, ico except for activities required to comply with the Dellums, Skelton, Sisisky, Spratt, Ortiz, Pickett, applicable provisions of current law; and continu- Evans, Taylor of Mississippi, Abercrombie, Meehan, ation of activities pursuant to the Colorado Ute In- Harman, McHale, Kennedy of Rhode Island, dian Water Rights Settlement Act of 1988 (agreed Blagojevich, Snyder, and Rodriguez. As additional to by a recorded vote of 223 ayes to 201 noes, Roll conferees from the Permanent Select Committee on No. 328); and Page H5796 Intelligence for consideration of matters within the The Petri amendment, as amended, that prohibits jurisdiction of that committee under clause 2 of rule any funding for the salaries of Department of the In- XLVIII: Representatives Goss, Lewis of California, terior employees for the Animas-LaPlata Project in and Dicks. As additional conferees from the Com- Colorado and New Mexico except for activities re- mittee on Commerce for consideration of sections quired to comply with the applicable provisions of 344, 601, 654, 735, 1021, 3143, 3144, 3201, 3202, current law; and continuation of activities pursuant 3402, and 3404 of the House bill, and sections 338, to the Colorado Ute Indian Water Rights Settlement 601, 663, 706, 1064, 2823, 3136, 3140, 3151, Act of 1988. Pages H5796 3160, 3201, and 3402 of the Senate amendment, Rejected: and modifications committed to conference: Rep- The Klug amendment that sought to reduce fund- resentatives Bliley, Dan Schaefer of Colorado, and ing for the Appalachian Regional Commission by Dingell. Provided that Representative Oxley is ap- $90 million (rejected by a recorded vote of 97 ayes pointed in lieu of Representative Dan Schaefer of to 328 noes, Roll No. 326); and Pages H5794±95 Colorado for consideration of sections 344 and 1021 The Markey amendment that sought to prohibit of the House bill and section 2823 of the Senate funding for nuclear technology research and develop- amendment. Provided that Representative Bilirakis ment programs to continue the study of treating is appointed in lieu of Representative Dan Schaefer spent nuclear fuel using electrometallurgical tech- of Colorado for consideration of sections 601, 654, nology or demonstration of this technology at the and 735 of the House bill, and sections 338, 601, Fuel Conditioning Facility; and reduces by $45 mil- 663, and 706 of the Senate amendment. Provided lion the funding for this program (rejected by a re- that Representative Tauzin is appointed in lieu of corded vote of 134 ayes to 290 noes, Roll No. 327). Representative Dan Schaefer of Colorado for consid- Pages H5795±96 eration of section 1064 of the Senate amendment. As July 25, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D829 additional conferees from the Committee on Edu- portation and Infrastructure for consideration of sec- cation and the Workforce for consideration of sec- tions 345, 563, 601, 1021, 2861, and 3606 of the tions 374, 658, and 3143 of the House bill, and sec- House bill, and section 601 of the Senate amend- tions 664 of the Senate amendment, and modifica- ment, and modifications committed to conference: tions committed to conference: Representatives Representatives Shuster, Gilchrest, and Borski. As Goodling, Fawell, and Sanchez. Provided that Rep- additional conferees from the Committee on Veter- resentative Riggs is appointed in lieu of Representa- ans’ Affairs for consideration of sections 751, 752, tive Fawell for consideration of section 658 of the and 759 of the House bill, and sections 220, 542, House bill and section 664 of the Senate amend- 751, 752, 758, 1069, 1074, and 1076 of the Senate ment. As additional conferees from the Committee amendment, and modifications committed to con- on Government Reform and Oversight for consider- ference: Representatives Smith of New Jersey, Bili- ation of sections 322 and 3527 of the House bill, rakis, and Kennedy of Massachusetts. Pages H5803±04 and sections 1068, 1107, 2811, and 3527 of the By a yea and nay vote of 414 yeas with none vot- Senate amendment, and modifications committed to ing ‘‘nay’’, Roll No. 330, agreed to the Dellums mo- conference: Representatives Burton, Horn, and Wax- tion to instruct managers on the part of the House man. As additional conferees from the Committee on at the conference on the disagreeing votes of the two House Oversight for consideration of section 543 of Houses on the Senate amendments to the bill H.R. the Senate amendment, and modifications committed 1119 be instructed to insist upon the provisions con- to conference: Representatives Thomas, Ney, and tained in section 1207 of the House bill (relating to Gejdenson. As additional conferees from the Com- limitation on payments for cost of NATO expan- mittee on International Relations for consideration of sion). Pages H5798±H5803 sections 1101–1111, 1202, 1204, 1205, 1207, 1210, By a yea and nay vote of 409 yeas to 1 nay, Roll and 1231–1234 of the House bill, and sections No. 331, agreed to close conference committee meet- 1009, 1013, 1021, 1022, 1056, 1057, 1082, and ings to the public at such times as classified national 1085 of the Senate amendment, and modifications security information is under consideration, provided committed to conference: Representatives Gilman, that any sitting member of Congress shall have the Bereuter, and Hamilton. As additional conferees right to attend any closed or open meeting. from the Committee on the Judiciary for consider- Pages H5804±05 ation of sections 374, 1057, 3521, 3522, and 3541 of the House bill, and sections 831, 1073, 1075, Legislative Program: The Majority Leader an- 1106, and 1201–1216 of the Senate amendment, nounced the legislative program for the week of July and modifications committed to conference: Rep- 28. Page H5805 resentatives Hyde, Smith of Texas, and Conyers. As Memorial Services for the Late Honorable Wil- additional conferees from the Committee on Re- liam J. Brennan: The House agreed to H. Con. Res. sources for consideration of sections 214, 601, 653, 123, providing for the use of the catafalque situated 1021, 2835, 2901–2914 and 3404 of the House bill, in the crypt beneath the rotunda of the Capitol in and sections 234, 381–392, 601, 706, 2819, and connection with memorial services to be conducted 3158 of the Senate amendment, and modifications in the Supreme Court Building for the late honor- committed to conference: Representatives Young of able William J. Brennan, former Associate Justice of Alaska, Tauzin, and Miller of California. Provided the Supreme Court of the United States. that Representative Hefley is appointed in lieu of Pages H5805±06 Representative Saxton for consideration of section Late Report—International Relations Committee: 3404 of the House bill. Provided that Representative The Committee on International Relations received Delahunt is appointed in lieu of Representative Mil- permission to have until midnight tonight, July 25, ler of California for consideration of sections to file a report on H.R. 695, to amend title 18, 2901–2914 of the House bill, and sections 381–392 United States Code, to affirm the rights of United of the Senate amendment. As additional conferees States persons to use and sell encryption and to relax from the Committee on Science for consideration of export controls on encryption. Page H5806 sections 214 and 3148 of the House bill, and sec- tions 234 and 1064 of the Senate amendment, and Meeting Hour—Monday, July 28: Agreed that modifications committed to conference: Representa- when the House adjourns today, it adjourn to meet tives Sensenbrenner, Calvert, and Brown of Califor- at 12:30 p.m. on Monday, July 28 for morning hour nia. Provided that Representative Rohrabacher is ap- debate. Page H5806 pointed in lieu of Representative Calvert for consid- Calendar Wednesday: Agreed that the business in eration of section 1064 of the Senate amendment. As order under the Calendar Wednesday rule be dis- additional conferees from the Committee on Trans- pensed with on Wednesday, July 30. Page H5806 D830 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1997 Senate Messages: Messages received from the Senate Also during the week, Senate expects to consider today appear on page H5781. S. 39, International Dolphin Conservation Program Referrals: S. Con. Res. 40, expressing the sense of Act, Conference reports, when available, and any Congress regarding the OAS–CIAV Mission in Nica- cleared legislative and executive business. ragua, was referred to the Committee on Inter- (Senate will recess on Tuesday, July 29, 1997 from national Relations. Page H5824 12:30 p.m. until 2:15 p.m. for respective party con- Amendments: Amendments ordered printed pursu- ferences.) ant to the rule appear on page H5827. Senate Committees Quorum Calls—Votes: Four yea-and-nay votes and (Committee meetings are open unless otherwise indicated) four recorded votes developed during the proceedings of the House today and appear on pages H5792, Committee on Agriculture, Nutrition, and Forestry: July 29, to hold hearings to examine the effect of the Federal Ag- H5792–93, H5794–95, H5795–96, H5796, riculture Improvement and Reform Act (P.L. 104–127) H5797–98, H5803, and H5804–05. There were no on price and income volatility, and the proper role of the quorum calls. Federal government to manage volatility and protect the Adjournment: Met at 9:00 a.m. and adjourned at integrity of agricultural markets, 9 a.m., SR–332. 4:20 p.m. July 31, Full Committee, to hold hearings to examine how trade opportunities and international agricultural re- search can stimulate economic growth in Africa, thereby Committee Meetings enhancing African food security and increasing U.S. ex- FINANCIAL SERVICES COMPETITIVENESS ports, 9 a.m., SR–332. ACT Committee on Banking, Housing, and Urban Affairs: July 29, to hold hearings to examine automatic teller machine Committee on Commerce: Subcommittee on Finance and (ATM) surcharges and fees, 10 a.m., SD–538. Hazardous Materials continued hearings on H.R. 10, July 30, Subcommittee on Financial Services and Tech- Financial Services Competitiveness Act of 1997. Tes- nology, to hold hearings to examine how financial insti- timony was heard from public witnesses. tutions’ regulators are managing problems leading into the year 2000, 10 a.m., SD–538. FEDERAL MEASURES OF RACE AND July 31, Full Committee, business meeting, to mark ETHNICITY AND IMPLICATIONS FOR THE up S. 1026, authorizing funds for the Export-Import 2000 CENSUS Bank of the United States, 10 a.m., SD–538. Committee on Government Reform and Oversight: Sub- Committee on Commerce, Science, and Transportation: July committee on Government Management, Informa- 29, to hold hearings on proposed legislation relating to tion, and Technology held a hearing on Federal the Global Tobacco settlement litigation, 9:30 a.m., Measures of Race and Ethnicity and the Implications SD–G50. for the 2000 Census. Testimony was heard from July 30, Subcommittee on Communications, to hold Representatives Sawyer, Petri, Waters and Conyers; hearings on the regulation of international satellites, 9:30 a.m., SR–253. Sally Katzen, Administrator, Office of Information July 31, Full Committee, to hold hearings on S. 268, and Regulatory Affairs, OMB; Isabelle Katz Pinzler, to regulate flights over national parks, 9:30 a.m., Acting Assistant Attorney General, Civil Rights, SR–253. Department of Justice; Nancy Gordon, Associate Di- Committee on Energy and Natural Resources: July 29, to rector, Demographic Programs, Bureau of the Cen- hold hearings on S. 967, to amend the Alaska Native sus, Department of Commerce; and public witnesses. Claims Settlement Act and the Alaska National Interest f Lands Conservation Act to benefit Alaska natives and rural residents, and S. 1015, to provide for the exchange CONGRESSIONAL PROGRAM AHEAD of lands within Admiralty Island National Monument, Week of July 28 through August 2, 1997 9:30 a.m., SD–366. July 30, Full Committee, business meeting, to consider Senate Chamber pending calendar business, 9:30 a.m., SD–366. July 30, Subcommittee on National Parks, Historic On Monday, Senate will consider S. 1048, Trans- Preservation, and Recreation, to hold hearings to review portation Appropriations, 1998, and may consider S. the management and operations of concession programs 830, Food and Drug Administration Modernization within the National Park System, 2 p.m., SD–366. and Accountability Act. July 31, Full Committee, to hold oversight hearings to On Tuesday, Senate will resume consideration of S. examine the organizational structure, staffing, and budget 1022, Commerce, Justice, State Appropriations, with of the Forest Service for the Alaska region, 9:30 a.m., a vote on final passage to occur thereon. SD–366. July 25, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D831

Committee on Environment and Public Works: July 30, to July 30, Full Committee, to resume hearings to exam- hold hearings on S. 1059, to amend the National Wild- ine the terms and parameters of the proposed Global To- life Refuge System Administration Act of 1066 to im- bacco Settlement which will mandate a total reformation prove the management of the National Wildlife Refuge and restructuring of how tobacco products are manufac- System, 9:30 a.m., SD–406. tured, marketed and distributed in America, 10 a.m., Committee on Foreign Relations: July 29, to hold hearings SD–G50. on the nominations of Richard Dale Kauzlarich, of Vir- July 31, Full Committee, business meeting, to consider ginia, to be Ambassador to the Republic of Bosnia and pending calendar business, 10 a.m., SD–226. Herzegovina, James W. Pardew, Jr., of Virginia, for the July 31, Subcommittee on Immigration, to hold hear- rank of Ambassador during his tenure of service as U.S. ings to review annual refugee admissions, 2 p.m., Special Representative for Military Stabilization in the SD–226. Balkans, Anne Marie Sigmund, of the District of Colum- Committee on Labor and Human Resources: July 29, to bia, to be Ambassador to the Kyrgyz Republic, Keith C. hold hearings to examine the status of educational oppor- Smith, of California, to be Ambassador to the Republic tunities for low-income children, 9:30 a.m., SD–430. of Lithuania, and Daniel V. Speckhard, of Wisconsin, to Committee on Rules and Administration: July 30 and 31, be Ambassador to the Republic of Belarus, 10 a.m., business meeting, to consider the status of the investiga- SD–419. tion into the contested Senate election in Louisiana, 2:30 July 30, Full Committee, business meeting, to consider p.m., SR–301. the Agreement between the Government of the United Committee on Indian Affairs: July 30, business meeting, States and the Government of Hong Kong for the Surren- to mark up S. 569, to amend the Indian Child Welfare der of Fugitive Offenders signed at Hong Kong on De- Act of 1978 to provide for retention by an Indian tribe cember 20, 1996 (Treaty Doc. 105–3), S. Con. Res. 39, of exclusive jurisdiction over child custody proceedings expressing the sense of the Congress that the German involving Indian children and other related requirements; Government should expand and simplify its reparations to be followed by an oversight hearing on the Bureau of system, provide reparations to Holocaust survivors in Indian Affairs Special Trustee’s strategic plan to reform Eastern and Central Europe, and set up a fund to help the management of Indian trust funds, 9:30 a.m., cover the medical expenses of Holocaust survivors, and SD–106. Select Committee on Intelligence: July 29 and 30, closed pending nominations, 10 a.m., SD–419. briefing on intelligence matters, 2 p.m., SH–219. Committee on Governmental Affairs: July 28, to hold hear- Special Committee on Aging: July 28, to hold hearings to ings on the nominations of George A. Omas, of Mis- examine the amount of fraud in the home health care sys- sissippi, to be a Commissioner of the Postal Rate Com- tem and ways to identify and deter fraud, waste and mission, and Janice R. Lachance, of Virginia, to be Dep- abuse in health care, 1 p.m., SD–562. uty Director of the Office of Personnel Management, 2 p.m., SD–342. House Chamber July 28, Full Committee, closed business meeting, to discuss certain issues relating to the special investigation Monday: Consideration of 11 Suspensions: on campaign financing, 4:30 p.m., S–407, Capitol. 1. H.R. 1855, Establishing a Moratorium on July 29, 30 and 31, Full Committee, to resume hear- Large Fishing Vessels in Atlantic Herring and Mack- ings to examine certain matters with regard to the com- erel Fisheries; mittee’s special investigation on campaign financing, 10 2. H. Con. Res. 124, Sense of Congress Regarding a.m., SH–216. Acts of Illegal Aggression by Canadian Fishermen Committee on the Judiciary: July 28, Subcommittee on with Respect to Pacific Salmon Fishery; Technology, Terrorism, and Government Information, to hold hearings on the 1996 bombing at the Olympics in 3. H. Con. Res. 98, Authorizing the use of the Atlanta, Georgia, and the FBI’s interrogation of Richard Capitol for the Safe Kids Buckle Up Car Seat Safety Jewell in connection with the bombing, 9:30 a.m., Check; SD–226. 4. H.R. 2005, Death on the High Seas Act; July 28, Subcommittee on Technology, Terrorism, and 5. H.R. 1596, Bankruptcy Judgeship Act of Government Information, to hold hearings on S. 474, to 1997; prohibit gambling on the Internet, 2 p.m., SD–226. 6. H.R. 1953, To Clarify State Authority to Tax July 29, Full Committee, to hold hearings to examine Compensation Paid to Certain Employees; the copyright infringement liability of on-line and 7. H. Con. Res. 75, Sense of Congress that States Internet service providers, 10 a.m., SD–226. Should Work More Aggressively to Attack the Prob- July 29, Subcommittee on Constitution, Federalism, and Property Rights, to resume hearings to examine is- lem of Repeat Criminals; sues with regard to the constitutional role of federal 8. H.R. 103, Private Security Officer Quality As- judges to decide cases and controversies, focusing on the surance Act of 1997; problem and impact of judicial activism, whereby federal 9. H.R. 1109, To Eliminate the Special Transition judges’ decisions are based on policy preferences, 2 p.m., Rule for Issuance of a Certificate of Citizenship for SD–226. Children of a U.S. Citizen Born Abroad; D832 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1997 10. H.R. 1348, Expanded War Crimes Act of Committee on Education and the Workforce, July 29, Sub- 1997; and committee on Postsecondary Education, Training and 11. Concur in Senate Amendment to H.R. 1866, Life-Long Learning, to continue hearings on H.R. 6, the Charitable Donation Antitrust Immunity Act; and Higher Education Amendments of 1998, 9:30 a.m., 2175 Consideration of H.R. 2209, Legislative Branch Rayburn. July 30, Subcommittee on Workforce Protections and Appropriations Act for FY 1998 (modified closed the Subcommittee on Oversight and Investigations, joint rule). hearing to review the Davis-Bacon Act, 10:00 a.m., 2175 The House will meet at 12:30 p.m. for Morning Hour Rayburn. Debate. No recorded votes are expected before 5:00 p.m. July 31, full Committee, hearing on ‘‘Literacy: A Re- Tuesday and the balance of the week: Consideration view of Current Federal Programs’’, 10:00 a.m., 2175 of H.R. 2159, Foreign Operations, Export Financing Rayburn. and Related Programs Appropriations for Fiscal Year Committee on Government Reform and Oversight, July 29, 1998 (unanimous consent agreement); Subcommittee on Government Management, Information, Consideration of H.R. 2266, Department of De- and Technology, oversight hearing of Metropolitan Statis- fense Appropriations Act for FY 1998 (subject to a tical Areas, 9:30 a.m., 2154 Rayburn. rule); July 29, Subcommittee on Government Management, Consideration of H.R. 2267, Commerce, Justice, Information, and Technology, oversight hearing of Statis- tical Proposals, 2:00 p.m., 2154 Rayburn. State Appropriations Act for FY 1998 (subject to a July 31, Subcommittee on Civil Service, hearing on rule); ‘‘Agency Mistakes in Federal Retirement: Who Pays the Consideration of H.R. 2264, Labor, HHS, and Price?’’, 9:00 a.m., 2154 Rayburn. Education Appropriations Act for FY 1998 (subject July 31, Subcommittee on Human Resources, oversight to a rule); hearing on ‘‘FDA Oversight: Blood Safety and the Impli- Consideration of H.R. 2015, Balanced Budget Act cations of Pool Sizes in the Manufacture of Plasma De- of 1997 Conference Report (subject to a rule); and rivatives’’, 10 a.m., 2247 Rayburn. Consideration of H.R. 2014, Taxpayer Relief Act Committee on International Relations, July 30, hearing on of 1997 Conference Report (subject to a rule). the Threat to the United States from Emerging Infectious Diseases, 10:00 a.m., 2172 Rayburn. House Committees Committee on the Judiciary, July 29, Subcommittee on Commercial and Administrative Law, oversight hearing Committee on Agriculture, July 30, to review the U.S. on the EPA’s rulemaking on National Ambient Air Qual- Forest Service’s Government Performance and Results Act Strategic Plan, 10:00 a.m., 1300 Longworth. ity Standards for Particular Matter and Ozone, 10 a.m., Committee on Appropriations, July 28, to consider the 2226 Rayburn. Treasury, Postal Service, and General Government appro- July 30, Subcommittee on Crime, to continue over- priations for fiscal year 1998, 3:30 p.m., 2359 Rayburn. sight hearings on the activities of the FBI, focusing on Committee on Banking and Financial Services, July 29, the Olympic Park bombing and the investigation of hearing on Government Performance And Results Act, 10 Richard Jewell, 9:30 a.m., 2141 Rayburn. a.m., 2128 Rayburn. July 31, Subcommittee on Immigration and Claims, to July 30, Subcommittee on General Oversight and In- consider a motion to request a report by the Immigration vestigations, hearing to review the Department of the and Naturalization Service on a private bill, time to be Treasury’s Proposed Regulations for Money Service Busi- announced, Rayburn Room, Capitol. nesses, 10 a.m., 2128 Rayburn. Committee on National Security, July 29, Subcommittee Committee on Commerce, July 28 and 29, Subcommittee on Military Personnel, hearing on Reserve Component is- on Oversight and Investigations, hearings on the Depart- sues resulting from the Quardrennial Defense Review, ment of Energy’s Implementation of Contract Reform: 2:00 p.m., 2118 Rayburn. Problems with the Fixed-Price Contract to Clean Up Pit July 30, full Committee, hearing on H.R. 695, Secu- 9, 1:00 p.m., 2123 Rayburn on July 28 and 10 a.m., rity and Freedom Through Encryption Act, and its im- 2322 Rayburn on July 29. pact on U.S. national security, 10:00 a.m., 2118 Ray- July 30, Subcommittee on Finance and Hazardous Ma- burn. terials, to continue hearings on H.R. 10, Financial Serv- Committee on Resources, July 29, Subcommittee on Water ices Competitiveness Act of 1997, 10:00 a.m., 2322 Ray- and Power, hearing on H.R. 2007, to amend the Act that burn. authorized the Canadian River reclamation project, Texas, July 30, Subcommittee on Health and Environment, to direct the Secretary of the Interior to allow use of the hearing on Title VI of the Clean Air Act and the Ninth project distribution system to transport water from Meeting of the Parties to the Montreal Protocol, 10:00 sources other than the project; followed by a markup of a.m., 2123 Rayburn. the following bills: H.R. 2007, and H.R. 134, to author- August 1, Subcommittee on Finance and Hazardous ize the Secretary of the Interior to provide a loan guaran- Materials, hearing on the Operation of the Superfund tee to the Olivenhain Water Storage Project, and for Program, 9:30 a.m., 2322 Rayburn. other purposes, 2:00 p.m., 1324 Longworth. July 25, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D833

July 30, full Committee, hearing on H.R. 1948, the Committee on Science, July 28, Subcommittee on Tech- Hood Bay Land Exchange Act of 1997, 11:00 a.m., 1324 nology, to markup H.R. 1903, Computer Security En- Longworth. hancement Act of 1997, 4 p.m., 2318 Rayburn. July 31, Subcommittee on Energy and Mineral Re- July 29, full Committee, to markup the following sources, oversight hearing on Royalty-In-Kind for Federal bills: H.R. 1903, Computer Security Enhancement Act of oil and gas production, 2:00 p.m., 1334 Longworth. 1997: H.R. 922, Human Cloning Research Prohibition July 31, Subcommittee on Fisheries Conservation, Act of 1997; and H.R. 2249, to reauthorize appropria- Wildlife and Oceans hearing on H.R. 1787, the Asian tions for carrying out the Earthquake Hazards Reduction Elephant Conservation Act of 1997; to be followed by a Act of 1997 for fiscal years 1998 and 1999, 1 p.m., 2318 markup of pending business, 10:00 a.m., 1334 Long- Rayburn. worth. July 30, hearing on Demanding Results: Implementing July 31, Subcommittee on Forests and Forest Health, the Government Performance and Results Act, 10 a.m, oversight hearing on Forest Service Strategic Plan under 2318 Rayburn. the Government Performance and Results Act, 10:00 July 31, Subcommittee on Energy and Environment, a.m., 1324 Longworth. hearing on S. 417, to extend energy conservation pro- July 31, Subcommittee on National Parks and Public grams under the Energy Policy and the Conservation Act Lands, to markup the following bills: S. 430, to amend through September 30, 2002, 10 a.m., 2318 Rayburn. Committee on Transportation and Infrastructure, July 30, to the Act of June 20, 1910, to protect the permanent trust markup the ‘‘AMTRAK Reform and Privatization Act of funds of the State of New Mexico from erosion due to 1997’’, 10:00 a.m., 2167 Rayburn. inflation and modify the basis on which distributions are July 31, Subcommittee on Aviation, hearing on Avia- made from those funds; H.R. 1567, to provide for the tion Relations between the U. S. and France, 9:30 a.m., designation of additional wilderness lands in the eastern 2167 Rayburn. United States; H.R. 136, to amend the National Parks Permanent Select Committee on Intelligence, July 30, Sub- and Recreation Act of 1978 to designate the Marjory committee on Technical and Tactical Intelligence, execu- Stoneman Douglas Wilderness and to amend the Ever- tive hearing on Defense Airborne Reconnaissance Office glades National Park Protection and Expansion Act of (DARO), 10 a.m., H–405 Capitol. 1989 to designate the Ernest F. Coe Vistor Center; and July 31, full Committee, executive, to consider pend- H.R. 708 to require the Secretary of the Interior to con- ing business; to be followed by an executive briefing on duct a study concerning grazing use of certain lands Encryption, 9:30 a.m., H–405 Capitol. within and adjacent to Grand Teton National Park, WY, and to extend temporarily certain grazing privileges, 2 Joint Meetings p.m., 1324 Longworth. Joint Economic Committee: August 1, to hold hearings to Committee on Rules, July 28, to consider the following: examine the employment-unemployment situation for H.R. 2266, making appropriations for the Department of July, 9:30 a.m., 1334 Longworth Building. Defense for the fiscal year ending September 30, 1998; Conferees: July 29, on H.R. 1757, to consolidate inter- and H.R. 2264, making appropriations for the Depart- national affairs agencies and to authorize appropriations ments of Labor, Health and Human Services, and Edu- for the Department of State and related agencies for the cation, and related agencies for the fiscal year ending Sep- fiscal years 1998 and 1999, 10 a.m., room to be an- tember 30, 1998, 7 p.m., H–313 Capitol. nounced. D834 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 1997

Next Meeting of the SENATE 2. H. Con. Res. 124, Sense of Congress Regarding Acts of 12 noon, Monday, July 28 Illegal Aggression by Canadian Fishermen with Respect to Pa- cific Salmon Fishery; Senate Chamber 3. H. Con. Res. 98, Authorizing the use of the Capitol for the Safe Kids Buckle Up Car Seat Safety Check; Program for Monday: Senate may consider S. 830, Food and 4. H.R. 2005, Death on the High Seas Act; Drug Administration Modernization and Accountability Act. 5. H.R. 1596, Bankruptcy Judgeship Act of 1997; At 3 p.m., Senate will begin a period of morning business 6. H.R. 1953, To Clarify State Authority to Tax Compensa- (not to extend beyond 5 p.m.). tion Paid to Certain Employees; At 5 p.m., Senate will consider S. 1048, Transportation Ap- 7. H. Con. Res. 75, Sense of Congress that States Should propriations, 1998. Work More Aggressively to Attack the Problem of Repeat Criminals; 8. H.R. 103, Private Security Officer Quality Assurance Act of 1997; 9. H.R. 1109, To Eliminate the Special Transition Rule for Next Meeting of the HOUSE OF REPRESENTATIVES Issuance of a Certificate of Citizenship for Children of a U.S. 12:30 p.m., Monday, July 28 Citizen Born Abroad; 10. H.R. 1348, Expanded War Crimes Act of 1997; and 11. Concur in Senate Amendment to H.R. 1866, Charitable House Chamber Donation Antitrust Immunity Act; and Program for Monday: Consideration of 11 Suspensions: Consideration of H.R. 2209, Legislative Branch Appropria- 1. H.R. 1855, Establishing a Moratorium on Large Fishing tions Act for FY 1998 (modified closed rule). Vessels in Atlantic Herring and Mackerel Fisheries; The House will meet at 12:30 p.m. for Morning Hour Debate. No recorded votes are expected before 5:00 p.m.

Extensions of Remarks, as indicated in this issue HOUSE Goss, Porter J., Fla., E1528 Menendez, Robert, N.J., E1523 Hastings, Alcee L., Fla., E1526 Packard, Ron, Calif., E1524 Aderholt, Robert B., Ala., E1528 Hilliard, Earl F., Ala., E1519 Portman, Rob, Ohio, E1529 Blagojevich, Rod R., Ill., E1522, E1525 Horn, Stephen, Calif., E1525 Roybal-Allard, Lucille, Calif., E1522 Coble, Howard, N.C., E1522, E1527 Kennelly, Barbara B., Conn., E1525 Schaffer, Bob, Colo., E1528 Davis, Danny K., Ill., E1519 Kleczka, Gerald D., Wisc., E1526 Solomon, Gerald B.H., N.Y., E1522 Dingell, John D., Mich., E1521 Lantos, Tom, Calif., E1524 Thompson, Bennie G., Miss., E1526 Farr, Sam, Calif., E1527 LaTourette, Steve C., Ohio, E1523, E1530 Visclosky, Peter J., Ind., E1521 Goodlatte, Bob, Va., E1529 McInnis, Scott, Colo., E1527 Weygand, Robert A., R.I., E1527, E1529

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