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

Vol. 142 WASHINGTON, TUESDAY, SEPTEMBER 24, 1996 No. 133 Senate (Legislative day of Friday, September 20, 1996)

The Senate met at 9:30 a.m., on the RECOGNITION OF THE MAJORITY scheduled to vote sometime today. I do expiration of the recess, and was called LEADER not know exactly what time we will to order by the President pro tempore The PRESIDENT pro tempore. The get it. But as soon as we get it, we will [Mr. THURMOND]. able majority leader, Senator LOTT of try to get it into the mix at the ear- Mississippi, is recognized. liest possible opportunity. It certainly Mr. LOTT. Thank you very much, is an important appropriations bill PRAYER Mr. President. dealing with the Veterans’ Administra- The Chaplain, Dr. Lloyd John f tion and, of course, all of our housing Ogilvie, offered the following prayer: SCHEDULE policies in the country. We need to get Mr. LOTT. Mr. President, this morn- that bill completed in order for the Gracious Father, Almighty Sovereign checks to go out on time at the end of of our Nation, and strength of our ing there will be a period for morning business until the hour of 10:30 a.m., this week or certainly the first of next lives, we thank You for the privilege of week. living in this land You have blessed so with Senators permitted to speak for up to 5 minutes each. Following morn- We will stand in recess today from bountifully. With awe and wonder, we 12:30 to 2:15 for the weekly policy con- realize anew the stunning truth that ing business today, it would be my in- tention to begin consideration of a con- ferences to meet. Once again, I ask for You have called the United States to tinuing resolution. We are fast ap- the cooperation of all Senators as we be Your providential demonstration of proaching the end of this fiscal year. It begin what I hope will be the final the freedom and equality, righteous- certainly is my hope that we would be week of the Senate’s business prior to ness and justice, opportunity and hope, allowed to begin this important appro- adjournment. In order to accomplish You desire for all nations. O God, help priations measure. At this time, we are that, it is going to take a lot of co- us to be faithful to our heritage. unable to reach an agreement to begin operation, a lot of give-and-take. I cer- tainly will make every effort to work We praise You for the way You have that bill. I tried several different ap- proaches last Friday in discussions with all Senators. I hope Senators un- blessed us with great leaders in each derstand that this week is going to be period of our history. Through them with the Democratic leader. We were not able to come to any agreement at very hard to schedule votes around You have continued to give Your vision other events, especially if we are really for the unfolding of the American that time, but we will keep working today. Hopefully, we can reach some moving seriously toward completing dream. And this is especially true our work, as we should, on Friday or today. Bless the Senators with a re- understanding as to how we would pro- ceed. Saturday. newed sense of their calling to great- In accordance with the agreement In addition to that, we are working ness through Your grace. You have ap- reached on Friday, the Senate will re- to see if we can clear problems with the pointed them; now anoint them afresh sume consideration of the maritime se- NIH revitalization authorization bill. I with Your spirit. As they confront the curity legislation today at 4:30, with a understand there is the potential point soul-sized, crucial issues of this week, series of rollcall votes beginning at 5 of order that maybe can be worked out. give them a spirit of unity and coop- p.m. on or in relation to pending There is a lot of support for this impor- erativeness. The workload is great, the amendments as well as final passage on tant legislation. I hope maybe we could pressure is heavy, and the challenge is that. I presume there would be at least do it like we did last week on the Mag- formidable; but, nothing is impossible four votes at that time. So we will nuson fisheries bill, the FAA reauthor- for You. have the stacked votes at 5 o’clock. ization, and the maritime bill. We can We are also hoping that the one out- work through those problems and hope- Fill this Chamber with Your pres- standing issue on S. 1505, the pipeline fully get about an hour to have some ence. You are the judge of all that will safety bill, could be resolved, and we discussion to get a vote. be said and done here. Ultimately, we could complete action on that measure We are also working with Senator have no one to please or answer to but also. KASSEBAUM, who is very, very inter- You. With renewed commitment to It is my understanding that the VA- ested in the job partnership training You, and reignited patriotism, we press HUD appropriations conference report legislation. There are problems there on to living the page of American his- may be available for consideration this again, a point of order, which looks tory to be written this week. Through afternoon. I know that the agreement like it may not be resolvable, but we our Lord and Savior. Amen. has been worked out and that they are may call it up for some discussion this

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

S11125

.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11126 CONGRESSIONAL RECORD — SENATE September 24, 1996 week and see what can be accom- years old at the time of his death. quickly earned the respect and admira- plished. Geary was known to all of us on the tion of his fellow staff members as well I want to remind Senators we expect Armed Services Committee and to as Senators on both sides of the aisle a veto override vote to occur on Thurs- many here in the Senate because he with whom he was in regular contact. day on the partial-birth abortion ban. was a very important member of the Geary’s tenure with the Armed Serv- And there are requests from Senators staff of the Armed Services Committee ices Committee lasted until December to be able to speak on that matter from 1989 to 1991. 1992. During that period, he served as today also. But we would schedule a Today, I want to take this oppor- counsel to the committee for defense vote for Thursday. tunity to recall Geary’s many profes- procurement and small business issues. f sional accomplishments and describe We tried to keep Geary but finally the for my colleagues the life of this re- GAO demanded he come home because TRIBUTE TO JOHN DURICKA markable individual who served the they needed him very bad. Mr. LOTT. Mr. President, the Senate Senate Armed Services Committee Geary successfully conducted re- and all Americans lost a true profes- with great distinction for more than search, drafted legislation, and devel- sional yesterday. Veteran Associated 31⁄2 years. oped congressional and public support Press photographer John Duricka died Geary Burton was born on June 30, for many key legislative initiatives. He Monday at Arlington Hospital after 1951, in Pittsburgh, PA. We are privi- performed a vital role in helping the long battle with cancer. leged to have his mother, Lura Burton, Armed Services Committee make nu- The measure of John’s profes- sitting in the Senate Gallery today, merous changes to defense acquisition sionalism and dedication is that he was along with Geary’s sister Nancy and policy that were required in the face of on the job almost right up to the time her daughers Claudia and Claudette. It the post-cold-war defense build-down. of his death—doing what he loved and was through Mrs. Burton’s love, hard Geary worked hard to enhance the role doing it wonderfully well. work, and devotion in raising Geary of small and disadvantaged businesses, John’s combination of mature de- and his sister, Nancy, that he devel- historically black colleges and univer- meanor and tough determination was a oped such strong character and learned sities, and other minority educational familiar face to all of us here in the the value and importance of a good institutions in defense acquisition Senate. He was a news photographer education. In 1973, Geary earned a practices. Geary’s key participation in first—make no doubt about that. bachelor of arts degree at Thiel College the establishment of the Pilot Mentor- But he also respected the institution in Greenville, PA, where he majored in Prote´ge´ Program was a direct reflec- which he illustrated to the world every political science. He continued his edu- tion of the innovation and creativity day with his pictures. Unlike the White cation and earned a law degree from that he brought to the committee in House or the Federal agencies where Duquesne Law School in 1976. drafting acquisition legislation. In ad- photographers often are cordoned off With great energy and dedication, dition, Geary provided outstanding from those they cover, the Congress Geary used his education and skills as staff work in the oversight of programs shares its space with the media. an attorney in the service of our coun- designed to foster greater government- John Duricka respected that unique try. In August 1973, he received a com- industry cooperation and to increase relationship that we had with him and mission as a second lieutenant in the the use of commercial products and we returned that respect with our trust U.S. Marine Corps. He served as a processes in Government procurement and appreciation for his talent. criminal trial lawyer on active duty which has saved and will continue to I want to express the Senate’s sym- with the Judge Advocate General Corps save on an increasing basis literally pathy to his son Darren, his daughter from 1977 to 1981. Even after his release millions and billions of the tax dollars Tammy, and his mother Emily from active duty in March 1981, Geary for the American people. This of course Duricka. continued to serve as an officer in the has been a top priority of Secretary of All who treasure our freedoms of the Marine Corps Reserve. In November Defense Bill Perry. press and free expression will miss his 1982, he was promoted to the rank of While Geary’s dedication and profes- outstanding contributions to that end. major. We all know the Marines set sional competence contributed to a We in the Senate will miss a respected very high standards—and Geary fully highly successful career, Geary was to- friend. I yield the floor, Mr. President. met these standards. Geary’s accom- tally devoted to his family and the plishments as one of ‘‘The Few and the community in which he lived. He was f Proud’’ are notable. I recall in many an active member of St. John the RESERVATION OF LEADER TIME conversations with Geary he was ex- Evangelist Baptist Church in Colum- tremely proud of his service with this bia, MD. In his extended community of The PRESIDENT pro tempore. Under elite military organization. Howard County, MD, Geary served as a the provisions of the previous order, In March 1981, Geary accepted a posi- member of the board for the African- the leadership time is reserved. tion with the Office of General Counsel American Coalition and helped estab- f at the General Accounting Office, lish the Black Student Achievement MORNING BUSINESS where he served as legal counsel to the Program. There is a saying that evaluator staff charged with auditing ‘‘Those who possess the torch of wis- The PRESIDENT pro tempore. Under the Department of Defense, a very dom should allow others to come and the previous order, there will now be a major responsibility. Geary consist- light their candles by that torch.’’ period for the transaction of morning ently demonstrated a high degree of Geary Burton followed this principle in business not to extend beyond the hour proficiency in performing his duties both his professional and personal life of 10:30 a.m., with Senators permitted and moved quickly up the civil service to the great benefit of both the Senate to speak therein for not to exceed 5 ranks. In less than 7 years, he earned Armed Services Committee and his minutes each. three promotions and obtained a GS–15 local community. His service to our The Senator from Georgia [Mr. NUNN] ranking at the age of 36—which is a re- committee, to the Senate, and to the is now recognized to speak for up to 10 markable achievement. Nation was superb. minutes. Geary joined the staff of the Senate Geary will be missed most of all by Mr. NUNN. I thank the Chair. Armed Services Committee as a his devoted family but he will also be f detailee from the General Accounting missed by all of us who worked with Office in April 1989 to work on the com- him. He was simply a superb individual TRIBUTE TO GEARY T. BURTON plex issues of defense acquisition re- in every sense of the word. Mr. NUNN. Mr. President, on August form. I remember requestiang from the In closing, Mr. President, I want to 13, Geary Thomas Burton tragically GAO one of their best people. We did say to Geary’s family—his wife, and unexpectedly died while under- not know Geary at the time but we LaVarne; his two daughters, Ruth going surgery to correct a knee injury really needed help. They certainly Giovanni and Beth Angela; his stepson he sustained during a recent church-re- lived up to that request because they Kevin Taylor; his mother Lura Burton; lated softball game. He was only 45 sent us a very talented young man. He his sister, Nancy Bellony, and her

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11127 daughters Claudia and Claudette—that becomes ill, you won’t be forced to bipartisan commission on family and my thoughts and prayers, and those of choose between your family and your medical leave to examine what the all of the members and staff of the job. ramifications would be. Members of the Armed Services Committee with whom I point out that we were the last of commission were made up of both Dem- Geary served, are with you in these dif- the industrialized nations—in fact, last ocrat and Republican appointees, as ficult days. Geary was a respected col- of many nations in this World—to ac- well as opponents and proponents of league and trusted friend. We will al- tually adopt a family and medical the legislation. We spent over a year ways be grateful for his service to the leave policy. examining the Family and Medical Senate and to his Nation. We will al- It took 7 years from the introduction Leave Act with significant surveys of ways recall with great fondness and of the legislation until it finally be- employers and employees, with hear- with wonderful, wonderful memories came law. PATRICIA SCHROEDER—also ings conducted across the country, as his warm personality and the energy representing the State which the Pre- well as here in Washington, to examine and enthusiasm with which he ap- siding Officer represents—was the au- what the implications of the bill had proached his work and his life. thor of the legislation in the House. I been. I yield the floor, and I suggest the ab- introduced the legislation in the Sen- The overall findings of this commis- sence of a quorum. ate. Seven years we spent trying to get sion were clear. In fact, the commis- The PRESIDENT pro tempore. The this bill to become the law of the land. sion was unanimous that the Family clerk will call the roll. It was an experience fraught with highs and Medical Leave Act has been an The assistant legislative clerk pro- and lows. overwhelming success. What is more, ceeded to call the roll. Today, September 24, marks the according to the commission’s final re- Mr. NUNN. Mr. President, I ask fourth anniversary of one of those mo- port, the law represents, and I am unanimous consent that the order for ments on the road to passage. It was in quoting the report, ‘‘a significant step the quorum call be rescinded. 1992, on September 24, that the Senate in helping a larger cross-section of The PRESIDENT pro tempore. With- voted to override President Bush’s veto working Americans meet their medical out objection, it is so ordered. of the Family and Medical Leave Act. and family care-giving needs while still Mr. NUNN. Mr. President, I ask Today, to mark this important anni- maintaining their jobs and economic unanimous consent that Senator DODD versary, Americans are gathering all security.’’ be permitted to proceed in morning across the country in nearly 40 States. The bottom line is that family and business for up to 15 minutes. Families, community members, and medical leave legislation is allowing The PRESIDENT pro tempore. With- businessmen who found life better millions of working Americans signifi- out objection, it is so ordered. under the Family and Medical Leave cant opportunities to keep their health Mr. NUNN. I suggest the absence of a Act will meet and share their experi- benefits, maintain job security, and quorum. ences with the American public. And take leave for longer and greater rea- The PRESIDENT pro tempore. The today the First Lady will travel to sons. Let us be clear on one point. Con- clerk will call the roll. Connecticut to hear from those in my trary to Senator Dole’s protestations, The assistant legislative clerk pro- State who have seen the benefits of the family leave has also been good for ceeded to call the roll. Family and Medical Leave Act in their American business. The conclusions of Mr. THURMOND. Mr. President, I own families’ lives. Now, I would like to go back to 4 the bipartisan report, I think, are very ask unanimous consent that the order years ago today. On that date in 1992, important in this regard. And they cer- for the quorum call be rescinded. 67 of our colleagues—from both sides of tainly are a far cry from the concerns The PRESIDING OFFICER (Mr. the aisle—joined me in voting to over- that Bob Dole and others voiced when BROWN). Without objection, it is so or- ride the President’s veto of the Family this legislation was being considered in dered. and Medical Leave Act. It was in fact Congress. Mr. THURMOND addressed the Chair. only the second veto override of Presi- Mr. President, let me draw your at- The PRESIDING OFFICER. The dis- dent Bush. Unfortunately, 6 days later, tention, if I may, to this first chart tinguished President pro tempore of the House voted to sustain the Presi- which reflects a survey done of busi- the Senate is recognized. dent’s veto, thereby killing the Family ness leaders by the commission. The (The remarks of Mr. THURMOND per- and Medical Leave Act once again. It vast majority of businesses, nearly 94 taining to the introduction of S. 2104 had been the second veto we had been percent reported little or no additional are located in today’s RECORD under through in 7 years. costs associated with the Family and ‘‘Statements on Introduced Bills and Our former colleague, Bob Dole, the Medical Leave Act. I was stunned by Joint Resolutions.’’) then minority leader of the Senate, this conclusion since the commission Mr. DODD addressed the Chair. was one of those 31 Senators to vote was analyzing the initial phases of the The PRESIDING OFFICER. The Sen- against giving America’s working fam- legislation. The initial phases of a leg- ator from Connecticut. ilies a helping hand. And just this islation are always the most difficult, Mr. DODD. Mr. President, if I may month on the campaign trail Bob Dole with businesses having to accommo- inquire, I believe I have been allocated attacked the Family and Medical date, get used to it, and develop bu- 15 minutes. Leave Act as what he called, and I reaucratic procedures within their own The PRESIDING OFFICER. The Sen- quote him, ‘‘the long arm of the Fed- businesses to accommodate the new ator is correct. eral Government.’’ legislation. Mr. DODD. I thank the President. I think the 12 million Americans who In my view, it is almost an astound- Mr. President, I have served as a have taken advantage of the Family ing result that 94 percent of the busi- Member of this body for nearly 16 and Medical Leave Act over the past 2 nesses surveyed reported no difficulty years. years would probably disagree with in this initial time period. I assumed In that time, few accomplishments that view. I think that the 67 million that such positive results would have have given me as much pride as the day Americans who are now covered and el- come later as business became more in February 1993 when President Clin- igible to take family and medical leave used to the law and not during the ini- ton signed into law the Family and would have a different opinion than tial stages, which tend to be the most Medical Leave Act. that of the former minority and major- awkward time. Enactment of family leave legisla- ity leader. So that was a rather compelling re- tion threw millions of struggling For those, such as former Senator sult from the list of the employers we Americans a lifeline. Dole, who continue to doubt the suc- surveyed. By the way, let me add that It made it easier for the American cess of the Family and Medical Leave there were hundreds of employers and people to balance the responsibilities Act, I urge them to examine a recent employees questioned in the commis- of work with the needs of their fami- bipartisan report which highlights the sion’s survey of reactions to the Fam- lies. success of this legislation. ily and Medical Leave Act. And most important, it said to the You may recall, Mr. President, that When it comes to the employee per- American people: If you or a loved one as part of the legislation we formed a formance, which was another concern

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11128 CONGRESSIONAL RECORD — SENATE September 24, 1996 that was presented during the debate Jonathan Zingman’s second daughter complexity of moral issues is said to be a over family leave—as well as by our was born in 1994. Two weeks after the good thing. If such an awareness is, in fact former colleague, Bob Dole—about cesarean section birth, the baby devel- good—and if I, in fact, have it—I have to- what would be the effect on employee oped an infection and was hospitalized. bacco to thank for it. performances, what would happen to Jonathan Zingman took 2 weeks off Like Berry, any awareness I have of productivity, what would happen to from work to aid his wife in recovering moral complexities is also thanks to growth when you had people moving in from surgery, to take care of his new tobacco. Now I know there are some and moving out, as the critics claimed, daughter, and to give his older daugh- people who don’t think there is any- nearly 96 percent of the employers re- ter an opportunity to adjust to her new thing at all complex about the tobacco ported no noticeable effect on growth. sister. issue. For them it is simply money The concern was that this legislation What the Weavers, Nedra Ward, and versus morality. would bring growth rates down. In fact, Jonathan Zingman all have in common For them there is no family business, according to employers, 95.8 percent is that due to the Family and Medical there is no tradition, there is no farm- said there was no noticeable effect at Leave Act, they were not forced to er. And perhaps most disturbing—there all. Interestingly, 1 percent said they make a choice between their jobs and is no appetite for reason. had a positive growth effect. If fact, we their families. That is something that we seem to be had only 3.1 percent who said it had a As the author of this legislation, I in short supply of here, from those who negative effect, again, in just the first would prefer that no one would ever are determined to regulate an industry 2 years of the bill being the law of the have to use it because of a sickness, out of business to those who would land. but as we all know, life is not so kind. rather play politics than protect our More than 94 percent reported no ef- The Family and Medical Leave Act has farmers. fect on employee turnover. This was given these three American families, as another accusation, that we are going These opportunists are thinking only it will millions of others, the oppor- of themselves and today, rather than to get huge turnover rates from family tunity to take medical leave when ill- leave legislation, and yet on turnover all of us and tomorrow. And in the ness strikes and the necessary time to process, teenagers keep smoking, farm- rates, 94.7 percent of businesses re- care for ailing family members and ported no problems with turnover ers fret about their futures, and the loved ones. litigation continues. whatsoever. I hope that Mr. Dole and others, par- I will admit that when it comes to Eighty-three percent of the employ- ticularly Mr. Dole, would retract any Kentucky, I can be as hard as a bull’s ers reported no noticeable impact on suggestion that he might repeal the head. But, on the issue of teen smok- employee productivity. We were told, Family and Medical Leave Act if elect- ing, I have been as reasonable as they once again, that productivity rates ed. I can think of few other pieces of come. I am one of the biggest defenders would fall—businesses would lose peo- legislation that have had such a posi- of tobacco, yet 1 year ago I, Wendell ple and have to hire temporary employ- tive and beneficial impact on the FORD, introduced legislation putting ees to come in for a period of time. American public as this legislation, severe restrictions on the tobacco in- Supposedly this would cause produc- which is now the law of the land be- dustry in an effort to reach a reason- tivity rates would fall. In fact, 83 per- cause President Clinton signed it in able solution to the problem of teen cent said the law had no impact on pro- February 1993. But for 7 long years we smoking. Today, a full year later, none ductivity whatsoever. In fact, 12.6 per- had to fight day in and day out to cent actually said the law had a posi- of my friends on the other side of the enact family and medical leave legisla- tive effect on productivity because, I aisle have joined as a cosponsor or of- tion. We fought through two veto over- presume, people no longer had to worry fered other legislative options. rides, in which we succeeded in one but about losing their job because of a fam- And this is not my first attempt at eventually lost the fight in the House ily crisis. reason on the issue of youth smoking of Representatives. To repeal this leg- As we all know, Mr. President, fam- or on the issue of the health effects of islation now would be a major setback, ily and medical leave is more than just smoking by any means. statistics. There are real Americans be- in my view, for America’s working families and I hope that on this one Mr. President, when I was Governor hind these numbers. In compiling our back in 1973, I worked with the legisla- bipartisan report on family and med- piece of legislation Bob Dole will admit he was wrong and agree today that ture to create the Tobacco Research ical leave, we heard testimony from Board and authorized the University of Americans who have been helped by family and medical leave will, and must, remain the law of the land. Kentucky to begin an intensive re- this legislation. None of the commis- search program directed toward ‘‘prov- sioners—none of the commissioners, Mr. President, I yield the floor. The PRESIDING OFFICER. Who ing or disproving questions about Mr. President—will ever forget the seeks recognition? health hazards to tobacco users . . ..’’ story of the Weaver family that we Mr. DODD. Mr. President, I note the In 1984, I sat down at the table and heard during our hearing in Chicago. absence of a quorum. came up with reasonable warning la- Melissa Weaver of Port Lavaca, TX, The PRESIDING OFFICER. The ab- bels for tobacco products. was 10 years old when she was diag- sence of a quorum has been noted. The nosed with a rare form of cancer, and In 1992, I sat down at the table and clerk will call the roll. hammered out an agreement on a na- after undergoing a year of surgery, The legislative clerk proceeded to chemotherapy and radiation treat- tional minimum age for the purchase call the roll. of cigarettes. We backed those ments, her doctor regretfully informed Mr. FORD. Mr. President, I ask unan- her parents, Ken and Rosie Weaver, SAMSHA purchasing requirements imous consent that the order for the with teeth, to ensure States did every- that she had only a few months to live. quorum call be rescinded. Because of the Family and Medical thing they could to enforce the law. The PRESIDING OFFICER. Without In 1994, I was right at the table when Leave Act, over the next 7 weeks, the objection, it is so ordered. my colleague, Senator LAUTENBERG, Weavers were given the bittersweet op- Mr. FORD. Mr. President, is it in decided to offer his pro kids bill, pro- portunity to spend every moment to- order to take some time as in morning hibiting smoking in any building that gether with Melissa during her final business? days. The PRESIDING OFFICER. The Sen- receives Federal funds and to which In January 1994, Nedra Ward, an ad- ator may proceed. children have access. I did not stand in ministrative assistant in Chicago, dis- the way. f covered she was pregnant. After her I sat down at the table time and first trimester, she developed com- TOBACCO again because like everyone else, I am plications, putting her health and preg- Mr. FORD. Mr. President, Kentucky against youth smoking. But I also sat nancy at risk. Her employer allowed writer and farmer Wendell Berry wrote down at the table because I realized her to take time off on an intermittent that: that inaction was not a solution to the basis. Today, she has both her job and Though I would just as soon get along problem of youth smoking, just as it is a healthy, strong, baby boy. without it, a humbling awareness of the not a solution today.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11129 Don’t get me wrong. I am as angry as . . . FDA intends to classify cigarettes and lieve someone needs to truly look out I can be that the FDA is being given ju- smokeless tobacco at a future time,— for the tobacco farmers’ interests. I in- risdiction over tobacco. Bringing in the Classify cigarettes and smokeless to- troduced this legislation because I be- FDA will only create a whole new bu- bacco at a future time? lieve the problem of teen smoking calls reaucracy when tobacco is already reg- and will impose any additional requirements for reason, not rhetoric. ulated by at least seven Federal agen- that apply as a result of their classifica- Over and over again, I have sat down cies including USDA, HHS, BATF, IRS, tion.... at the table and tried to come up with SAMSHA, EPA, and the FTC. I have it It does not sound like they are just solutions for my farmers. For this past right here, Mr. President, a stack of all after youth smoking. year I sat at the table alone because the current Federal tobacco laws and Like me, my farmers want to know others would rather play politics. I be- regulations—oh, about 18 inches tall— exactly what that means for tobacco. lieve the decision to stay away will and this does not even include the tens According to Dr. Kessler, a pretty grim have long-term implications for the fu- of thousands of pages of State tobacco future. Back in February 1994 in a let- ture of tobacco farming and for the law and regulations. And now with the ter concerning FDA authority over to- well-being of the industry as a whole. new FDA regulations, I can add an- bacco, he wrote: Mr. President, Dr. Kessler was able other 200 pages from the Federal Reg- A strict application of these provisions to introduce his regulations because he ister to this stack here on my desk. could mean, ultimately, removal from the said cigarettes were a device. Now he But despite my frustrations and com- market of tobacco products containing nico- has made the thumb and two fingers a plete opposition to FDA regulation, I tine at levels that cause or satisfy addiction. device because he says smokeless is in- know that simply ignoring the problem Only those tobacco products from which the cluded in that. So if you dip and get is not going to fly, just as putting to- nicotine had been removed or, possibly, to- some tobacco, then your thumb and bacco out of business is not going to bacco products approved by FDA for nico- two fingers become a device—a device. fly. tine-replacement therapy would then remain So, cigarettes are a device, your thumb on the market. The only answer is a legislative solu- and index fingers are a device. tion. Unfortunately, instead of working Documentation like this makes Dr. Something about this is wrong, Mr. with me over the past year to come up Kessler’s interest in the narrow issue President. After the November election with a legislative solution for our of teen smoking suspect to say the is over, I am sure it will get out of the farmers, many in Congress have chosen least. In fact, his public statements political arena as some try to bilk the to use the FDA regulations as a cam- and testimony in 1994 are full of ref- tobacco companies for all the cam- paign rallying cry. But while they are erences to FDA regulations, but never paign funds they can get and they try stonewalling to win the tobacco farm- in the limited context of youth smok- to bilk the poor tobacco farmer out of ers’ vote today, where will they be if ing. I don’t think I am alone in fearing a vote. Once November 5 is past, maybe the courts rule against our farmers to- that the sympathetic issue of youth we will be able to find someone willing morrow? They must be prepared to an- smoking has become a convenient vehi- to sit down at the table. swer for their inaction. cle for darker ulterior motives. I was chastised in a letter I received Anyone who says this can be solved A legislative solution is clearly need- yesterday for being in the position I with one vote at the polls in November ed to prevent Dr. Kessler from pro- am in. They say that—taking their is not shooting straight. That is be- moting his agenda under the guise of numbers—3,000 young folks start smok- cause everyone familiar with this issue youth smoking. But that legislative so- ing every day; that is over 1 million a knows that the FDA would have been lution will come only if all the players year. With the litigation of these regu- sued if they took this action, and they are sitting at the table ready to nego- lations being in the courts 3 to 5 years, would have been sued if they took no tiate. It has never worked any other say 5 years, they themselves have al- action. way with tobacco. lowed over 6 million young people to I do not care who you have in the Congressman BAESLER and I have had start smoking, instead of sitting down White House next January or holding legislation out there for a full year. trying to work out something reason- the gavel here in Congress, you have a What it represents is a good starting able that can stop it. problem that is going to be solved one point for protecting tobacco farmers’ Now, you say you are trying to pro- of two ways—in the courts or in Con- interests instead of leaving the deci- tect the farmer. I am, but I voted for gress. It’s a fact that farmers have a sion to some court that we have no every piece of legislation that has bigger voice in the Halls of Congress control over. But, while we’ve got come through here to help prevent then they do in a court room. We are Members willing to protect NASCAR youth smoking, from labeling to forcing farmers to play Russian rou- and rodeos with legislation, we’ve smoke-free schools. I voted for lette with the court system and giving found little support from other tobacco SAMSHA, which is imposed upon the them an uncertain and ambiguous fu- State Members to try and help our States. Where are those who want to do ture. farmers. Congressman BLILEY has gone something for youth? All they want to It has been clear to me—and should so far as to say this is a question for do is run ads in the newspapers against be clear to others—that we must have the courts, not Congress. my colleagues. They want to write big a legislative solution for our farmers. Think about it. This year two of the stories and have a lot of money in their We need a legislative solution because largest tobacco companies have come till so they can get out there and beat FDA jurisdiction has been rejected by out with even tougher proposals than their chest about how wonderful a job the courts in the past, because the mine in an effort to have a legislative they are doing, while they are letting question of FDA regulation may be solution that keeps FDA out of the youths go down the tubes and the to- tied up in litigation into the next cen- business of regulating tobacco. Some bacco farmer go down the tubes. tury, and because many aspects of the will dismiss the tobacco company’s ac- Mr. President, I ask my colleagues, FDA regulation go beyond what is tion as public relations. I call it being those affected by this issue, come rea- needed to target youth smoking. reasonable. son together. Reason together so we With good reason, tobacco supporters They too, have found little support. can return to our farm families not are most troubled by this last reason— This should be a team effort but in- only a sense of security and stability that the FDA regulations go beyond stead has turned into partisan conflict but a sense of dignity about the work what is necessary to target teen smok- that has wasted an entire year and they do. ing. We do not believe Dr. Kessler’s de- weakened our overall strength in the I yield the floor. sire to reduce smoking is his only mo- fight to save the youth from smoking f tivation for regulating tobacco, and and to protect our farmers. the regulations themselves further un- Mr. President, I introduced my legis- COMMUNITY SERVICE MAKES A dermine his credibility on the issue. lation because I am fiercely opposed to DIFFERENCE Let me quote, Mr. President, from the Government interference in the legal Mr. NUNN. Mr. President, I am Federal Register notice accompanying decision of adults in this country. I in- pleased to speak today regarding a re- the regulation: troduced this legislation because I be- cent collaboration between AmeriCorps

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11130 CONGRESSIONAL RECORD — SENATE September 24, 1996 and Habitat for Humanity. Everyday Americans suffer severe head injuries; into Philip’s car. In an instant Philip suf- on television and in newspapers we are and brain injury is the No. 1 killer of fered severe head injuries. For 114 days, he reminded in some way of the problems young Americans under the age of 40. lay in a coma. He woke to a life where, be- of our Nation’s distressed urban areas. More than 20 million Americans are af- cause his brain can’t signal his body, he would need rehabilitation and care the rest I would like to draw the attention of fected one way or another by brain in- of his life. my colleagues to one example of how jury, with an estimated 60,000 deaths The Foils discovered that many people community service is making a real expected this year alone. with traumatic brain injuries fall through difference in the area of affordable The Brain Injury Association, Inc., the cracks of the nation’s medical system. housing for hard-working families in chaired by Martin B. Foil, Jr., of Con- Brain injuries are not always formally recog- cities across the country. On June 22, cord, NC, was instrumental in the pas- nized. Families who must care for the vic- 1996, Habitat for Humanity sponsored sage of the Traumatic Brain Injury Act tims undergo enormous stress. which was signed into law on July 29, ‘‘Many people have been denied benefits the Home Stretch Build. Several hun- from government programs, from insurance dred community volunteers and 75 1996. Mr. Foil, and his wife, ‘‘Puddin,’’ companies, as a result,’’ said Dr. George Habitat AmeriCorps members from have worked tirelessly over the past 5 Zitnay, president of the Brain Injury Asso- Americus and Savannah, GA; Miami, years to help pass this important legis- ciation. FL; Cleveland, OH and the District of lation. The Foils’ son, Philip, was in- In the first years following Philip’s acci- Columbia built nine new homes in jured in a car accident and suffered se- dent, the Foils concerned themselves with Southeast Washington, DC. That day rious brain injury. The Foils turned his rehabilitation. He has made enormous Habitat for Humanity founder and that personal tragedy into a triumph progress, now able to walk with assistance for others. The Traumatic Brain Injury and talk with the help of a vocalizing ma- president, Millard Fuller, said the fol- chine. lowing about the AmeriCorps Program: Act has focused a national spotlight on These days, there are tens of thousands of There are a bunch of good folks out here brain injury as a major health problem, people like Philip. Modern medical treat- today, doing something very, very worth- and provides research grants for the ment means many more people than ever while. I’m particularly pleased with the prevention, treatment, and rehabilita- survive brain injuries. No one has exact sta- AmeriCorps people here, over 75 of them, and tion of brain injury. tistics on the number of brain-injured peo- I want to salute you . . . for the outstanding Mr. President, brain injury in the ple. But the association estimates that up to work that you do. This army of peaceful peo- United States costs an estimated $48.6 56,000 Americans die and more than 300,000 ple, who are making good news happen all billion annually. Most of this expense are hospitalized each year. Of the hospital- over this Nation. Twenty-five thousand of ized, nearly 100,000 will sustain lifelong dis- them. And I want you to know that we at is paid for by taxpayers through Medi- abling conditions from sports, gunshot, and Habitat for Humanity feel privileged and care and Medicaid. It is hoped—and traffic accidents. honored to have the AmeriCorps people with that is what the Traumatic Brain In- Most people who survive brain injuries are us, and we want more of them as time goes jury Act is all about, providing hope— likely to live out their normal life span in a on. We love to be partners with you in this it is hoped that funds from the Trau- handicapped condition, and the cost is pro- work, and I salute all the AmeriCorps people. matic Brain Injury Act will lead to in- hibitive. Mr. President, this is another in the novative treatments which will help ‘‘The average cost for a debilitating brain long list of examples of national serv- injury is $6 million or more,’’ said Foil. victims and their families better deal For years, Foil said, his grief over his son’s ice participants reaping the threefold with this devastating injury. injury kept him from getting involved in ef- benefit of national service—benefit to Mr. President, I ask unanimous con- forts to help publicize brain injuries. Gradu- the community where the service is sent that a Charlotte (NC) Observer ar- ally, he reached outward and contacted the performed, benefit to the servers for ticle regarding the Foil family dated association. serving their communities, and the August 4, 1996, be printed in the In 1992, when Foil became chairman, he benefit derived from the education of RECORD at the conclusion of my re- gave top priority to passing legislation to re- the servers in the future. I applaud the marks. search and prevent brain injuries. Thousands of groups and lobbyists try each National Service Corporation for its There being no objection, the article year to get legislators to introduce bills, but ongoing efforts, and urge my col- was ordered to be printed in the only a small percentage wind up as law. leagues to take note of the successes of RECORD, as follows: Luck intervened. these young people. [From the Charlotte Observer, Aug. 4, 1996] Representative Jim Greenwood, R-Pa., was I yield the floor. CONCORD TEEN’S BRAIN INJURY LED PARENTS elected to the U.S. House of Representatives f TO FIGHT FOR MORE PREVENTION AND RE- in 1992. As a state senator, Greenwood had SEARCH won reforms for brain-injured victims. THE VERY BAD DEBT BOXSCORE Once in Washington, Greenwood was as- (By John Monk) Mr. HELMS. Mr. President, at the signed to the House Commerce Committee, Between the grim aftermath of the crash of where any brain-injury legislation would close of business yesterday, Monday, TWA Flight 800 and the attention riveted on originate. He became an expert in health September 23, the Federal debt stood at Atlanta’s Olympics, it passed almost unno- care and won GOP leadership backing for a $5,192,406,060,962.74. ticed. But Martin Foil, wife ‘‘Puddin’’ and bill involving about $8 million a year for Five years ago, September 23, 1991, son Philip of Concord pulled off their own three years, a tiny sliver of the $1 trillion-a- the Federal debt stood at Olympian feat last week. year Federal budget. $3,628,836,000,000. President Clinton invited the family to the Meanwhile, Foil’s group won allies in the White House as he signed a bill aimed at pre- Senate, including Sens. Edward Kennedy, D- Ten years ago, September 23, 1986, venting and researching traumatic brain in- the Federal debt stood at Mass., and Nancy Kassebaum, R-Kan. In juries. For the Foils, the signing in the Oval July, Congress passed the bill that Clinton $2,107,785,000,000. Office culminated two long struggles: their signed last week. Fifteen years ago, September 23, 1981, 12-year-old battle with a brutal accident that The Foils’ battle is not over. the Federal debt stood at left their son disabled, and their fight to find Their son, Philip, lives at home and will al- $977,809,000,000. treatment for similar injuries. ways need care. His parents are thankful he’s Twenty-five years ago, September 23, ‘‘We’ve been working on this 5 years,’’ said a vital part of the family. 1971, the Federal debt stood at Foil, 63, CEO of Tuscarora Yarns, Inc. in Congress may take a second action. Clin- Mount Pleasant, NC, and chairman of the ton signed an authorization bill—a law that $415,377,000,000. This reflects an in- Washington-based Brain Injury Association. crease of more than $4 trillion, allows money to be spent for a specific pur- The bill authorizes $15 million in research pose. Now, Congress must pass an appropria- $4,777,029,060,962.74, during the 25 years grants for the prevention, treatment and re- tions bill, which will actually permit the from 1971 to 1996. habilitation of brain injuries. It allots an ad- money to be spent. f ditional $9 million for the Centers for Dis- ‘‘We’ll get the money,’’ said Foil. ‘‘Con- ease Control to monitor brain injuries. gress would be ashamed not to give it to us.’’ BRAIN INJURY ASSOCIATION The Foils’ struggle began more than a dec- PERFORMING GREAT WORK ade ago. f In December 1984, Philip Foil was driving Mr. HELMS. Mr. President, trau- TRIBUTE TO SENATOR NANCY home from Concord High School. At 16, he KASSEBAUM matic brain injury is a silent epidemic was a bright, well-liked student who tutored which afflicts one person in the United colleagues in algebra and wanted to be a doc- Mr. HEFLIN. Mr. President, it took States every 15 seconds. Nearly 250,000 tor. A car crossed a center line and slammed many of us by surprise when the junior

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11131 Senator from Kansas, NANCY LANDON Mr. President, U.W. ‘‘Cush’’ White respect and courtesy, traits that are KASSEBAUM, announced late last year was a model for his nephew, Chris- all-too-often missing in today’s harsh that she would not run for reelection topher, to emulate. I ask unanimous political climate. this time. She and I arrived in the Sen- consent that this tribute to U.W. White He is a man with deep ties to his ate together after being elected in 1978, be entered into the CONGRESSIONAL State. He started his own newspaper in and it has been honor to serve here RECORD immediately following my re- his home town after graduating from with her. Now, we will be leaving to- marks. the University of Arkansas. He spent gether when our terms expire at the There being no objection, the tribute years as a country lawyer, serving ev- end of this Congress. was ordered to be printed in the eryone who walked in the door. In fact, Senator KASSEBAUM is someone who RECORD, as follows: as a lawyer, he participated in the fa- is thoughtful and deliberative, and her (By Christopher Lee McCall—In loving mous coon case—an ownership dispute colleagues truly listen to her. She also memory of my uncle, Uyless Wardell White) over a dog in which the judge allowed has a willful determination which not SOMEDAY the dog to choose its own owner. only commands but earns the respect Someday we’ll see you again, The Senate itself has benefitted from of others. She comes from a well- Although we know not when: the efforts of DAVID PRYOR. He has known political legacy as the daughter We all loved you so very much. worked to maintain its dignity and of the 1936 Republican nominee for But now we’re out of touch. unique style of debate and policy- President Alf Landon, who lived to be Your face will be with us always; making. He has served in the Senate 100 years of age. She has consistently We’ll think of you everyday, for nearly 18 years. We came here to- demonstrated shrewdness, intelligence, Never to forget what you gave us; gether, and will leave together. and prudence in her approach to the You brought us all such happiness. Senator PRYOR has made many con- issues since she has been in office. Uncle Cush, we’ll miss you, tributions to both his constituents and With all our hearts and souls, Senator KASSEBAUM is perhaps best his colleagues. We will wish him well But to know you’re somewhere safe as he leaves to enter a new phase of his known for her leadership as ranking Away from this terrible place member and chair of the Labor and Will help us to overcome life. Human Resources Committee, working The sorrow we feel inside. f there for bipartisan agreements on the Though it will never cease, TRIBUTE TO SENATOR JIM EXON many contentious issues which con- This hollow feeling that we feel, front that committee. She is also We know that someday soon, Mr. HEFLIN. Mr. President, along known for her role in foreign affairs, We’ll see you again! with many of our colleagues, the senior having worked for many years on the f Senator from Nebraska has announced Subcommittee on African Affairs of that he will retire at the end of this TRIBUTE TO SENATOR DAVID Congress. When JIM EXON leaves, the the Foreign Relations Committee. She PRYOR was a major force behind the establish- Senate will have lost one of its most ment of sanctions against South Africa Mr. HEFLIN. Mr. President, when I loyal and dedicated Members. The busi- and was key in deciding the conditions learned that Senator DAVID PRYOR was ness of governing often comes down to under which they should be eased be- not planning on seeking reelection this being a team player. While he has not fore apartheid finally ended. Her back- year, I realized that few Members of been reluctant to stand his ground ground in education and the human- this body have meant so much to the when his conscience required him to do ities has made her a strong leader on Nation while at the same time serving so, JIM EXON has also stuck by his these issues as well. the people of their State. team on the toughest votes that help The people of Kansas and the Nation Back in 1951, at the age of 16, young to define our two parties. have benefited greatly from the service DAVID PRYOR served as a page here in Senator EXON has gained our deep re- of NANCY KASSEBAUM in the U.S. Sen- the Senate. Looking back, he summed spect because of the wisdom of the ate. She has led by example, and this it up this way: ‘‘It was the first time measures he has advocated. He wrote body will be a decidedly lesser place I’d seen Washington, the first time I’d the law that prevents the foreign take- after she leaves. I commend her and seen the Capitol, the first time I’d seen over of American corporations which wish her well as she moves on to a new the Senate, and the first time I’d been threatens our national security. Also, phase of her life. in a taxicab.’’ he increased the penalty for drug sales Times have changed since 1951. Most near truck stops to make America’s f of the faces that DAVID PRYOR saw dur- highways even safer. These are just TRIBUTE TO UYLESS WARDELL ing that initial visit are long gone. two of the numerous legislative initia- WHITE Some of the problems facing the Na- tives JIM EXON accomplished during his tion have been solved. New ones have successful tenure in the Senate. Mr. HEFLIN. Mr. President, I would arisen. But, since his election by the He has been quick to recognize and like to bring to the attention of my people of Arkansas in 1978, the same adapt to the dramatic global changes colleagues a tribute written by Chris- year I was first elected, Senator DAVID which have occurred over the last 6 topher Lee McCall to his uncle, the PRYOR has worked for this Nation’s years. His foresight in advocating the late Uyless Wardell White, of my betterment. He is perhaps best known establishment of barter arrangements hometown, Tuscumbia, AL. The Whites for his excellent work on behalf of the with the former Soviet Republics will are known as a pioneer family in Nation’s elderly citizens through the become even more apparent as those northwest Alabama. They are well- Senate Aging Committee, which he nations become more fully integrated known in the Muscle Shoals area for chaired for several years. into the world economy. Christian fellowship, civil responsi- The State of Arkansas has benefitted Senator EXON has not been afraid to bility, excellence in education, and immeasurably from his service. Along- stand by his beliefs. While we were not total family devotion. side men like Senators J. William Ful- always on the same sides of a given This fitting tribute written by Chris- bright and DALE BUMPERS, Senator issue, there has never been a doubt in topher McCall to his uncle invokes the PRYOR has been an outstanding stand- my mind that he based his decisions memory of the love of Ruth for Naomi ard bearer of the legacy and tradition and votes on what he believed to be in found in the Bible in the First Chapter of those who have served Arkansas in his State’s and the country’s best in- of the Book of Ruth, verses 16 and 17: the Senate. terest. He has been an outstanding . . . entreat me not to leave thee, or to re- ‘‘Smart as heck’’ was how he de- leader on defense and national security turn from following after thee: whither thou scribed Senator Fulbright in 1951. It issues. goest, I will go; and where thou lodgest, I will be no surprise to read similar com- Senator JIM EXON has demonstrated will lodge. Thy people shall be my people, and thy God my God: Where thou diest, will ments written by those pages who have in his 18 years in the Senate that he is I die, and there will I be buried: The Lord do encountered Senator PRYOR during valuable both for his inclination to be so to me, and more also, if I ought but death their service. He is also a true gen- a team player and his willingness to part thee and me. tleman, and always treats others with stick to his position in the face of stiff

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11132 CONGRESSIONAL RECORD — SENATE September 24, 1996 opposition. We were elected the same IMMIGRATION EDUCATION to children once they are in the United year, and will be leaving together when Mr. SPECTER. Mr. President, in a States. Neither is it sound, sensible, or our terms expire early in 1997, and I few moments the House and Senate fair to deny citizenship to children who wish him well. The people of Nebraska conference committee on the immigra- are born in the United States to immi- have had a true friend in Senator JIM tion bill will meet, and I believe we grants who have illegal status. The EXON. will approve far-reaching reform on im- hallmark of America, the hallmark of migration by striking out the so-called the Statue of Liberty, and the hall- f Gallegly amendment, which allows the mark of the melting pot is to respect States to deny public education to chil- the status of American citizenship of TRIBUTE TO SENATOR PAUL dren who are not legally present in the any child born in the United States. SIMON United States. That is a matter, Mr. President, that The Gallegly amendment, Mr. Presi- I feel particularly strong about since Mr. HEFLIN. Mr. President, 2 years dent, is fundamentally unfair because both of my parents were immigrants. ago, we in the Senate—and the Na- it is directed at children. It is my view They both came to the United States tion—were saddened to hear that our that the children ought to have an op- legally; that is, to the best of my colleague PAUL SIMON would not seek portunity for education for many rea- knowledge, information, and belief reelection this year. As a national fig- sons. One reason is that if they are to they came legally. My father came ure who truly embodies integrity, re- be self-supporting adults, if they are to from Ukraine in 1911—literally walked spectability, and character, Senator have an acceptable quality of life and across Europe, sailed at the bottom of SIMON will certainly be missed here. become good citizens or residents of the boat, in steerage, to come to Amer- PAUL SIMON was one of the first poli- the United States of America, they ica to find an opportunity for himself ticians to disclose his personal finances need an education. Second, if they are and his children. Harry Specter, my fa- so that they would be open to scrutiny not in school, they are going to be on ther, didn’t know that he had a round- by the public. He has firmly supported the street, and there will be problems trip ticket when he came here—not a balanced budget amendment in order of delinquency, there will be problems back to Ukraine but to France, and not to prevent the Government from con- of juvenile crime. back to Paris and the Follies Bergere, tinuing to spend itself into greater The answer is not to exclude illegal but to the Argonne Forest, where he debt. He has been the Democratic alien children from having an edu- served in the American expedition standard bearer on the balanced budget cation, but instead to tighten up the forces to make the world safe for de- amendment legislation, and I am still restrictions on illegal immigration and mocracy, with shrapnel in his legs hopeful that we see it become a reality to protect our borders. The immigra- until the day he died. before we both leave in early 1997. In tion bill which is now pending in the My mother came with her family as a the same vein, he has supported a line- House-Senate conference will be a sig- child of 5 from a small town on the item veto for the President to allow nificant step forward in reform, to re- Russian-Polish border, I believe with the Chief Executive to trim fat from form the immigration laws, to protect legal immigrant status, although I the budget. Senator SIMON recognizes U.S. borders, to provide for expeditious would be hard pressed to prove that my that the Founding Fathers did not in- treatment of immigrants who are ille- parents were legal immigrants if some- tend for the Government to operate in gally in the United States, to deport one were to challenge the status of the red. those immigrants in accordance with ARLEN SPECTER as a citizen of the I think that Senator SIMON’s strong our laws. United States. commitment to integrity in Govern- It is said that the education of illegal But when we deal with the problem ment can be traced to his roots in the alien children is a magnet to draw ille- of illegal immigration, or legal immi- newspaper business. At the age of 19, he gal immigrants into the United States. gration, we have to have a very, very bought his own newspaper, the Troy The answer is not to exclude those sharp focus on what is appropriate pub- Tribune. As its publisher, he crusaded children from education, but the an- lic policy. The bill in its final form, in against local gangsters who had sub- swer is to protect American borders so my judgment, is somewhat too harsh in verted local law and order. His success that the illegal immigrants do not gain taking away benefits from legal immi- in running his own newspaper no doubt access to the United States, do not grants and denying some benefits to influenced his belief in the ability of enter the United States, and that chil- other immigrants. But I think reform the Government to operate in a thrifty dren are not here, posing a significant is necessary, and the compromise that and effective manner while maintain- problem in terms of their conduct on has been worked out is a reasonably ing the same honesty that he had delinquency and crime and in terms of good compromise, and if we find prob- shown in running his paper. their conduct when they grow to lems, we can correct them at a later The business flourished, expanding to adults, assuming they stay in the date. 14 papers. Then he decided to sell his United States. But I want to repeat that it is obnox- interest so that he could devote him- There have been those who say that ious, unfair, and un-American to deny self full time to serving his country it ought to be the financial responsi- U.S. citizenship to anyone born in this through Government service. We will bility of the Federal Government to county, no matter what their status. I always remember the candor, wit, and pay the cost of education, and I am in am glad that the bill before us does not knowledge he brought to the 1988 Presi- agreement with that principle, Mr. incorporate this proposal. dential race. President. It has been a failure of the The conference report has been held It has been my personal privilege and Federal Government to protect U.S. up for a very protracted period of time pleasure to have served on the Senate borders. I think it is fair to respond over the Gallegly amendment because Judiciary Committee with him. He is that it ought to be the obligation of there is so much sentiment in the Con- not a lawyer, but his keen insight into the Federal Government to pay to edu- gress that we ought not to deny edu- the legal issues that affect real people cate the illegal alien children that it cation to children regardless of their is enlightening and instructive. He is has allowed to enter. However, the an- immigration status. There has been the an outstanding member of that com- swer is not to deny those children edu- threat of a veto from the White House. mittee. cation while they are in the United But I think it is highly unlikely that This body will be a decidedly lesser States. the conference report could pass the place without PAUL SIMON. We con- Mr. President, I believe it is very im- Senate with the Gallegly amendment gratulate him and will wish him well portant to make sharp distinctions as in it. after he leaves. to how we treat children of illegal im- There has been an effort by a variety Mr. SPECTER. Mr. President, I ask migrants from how we deal with the of amendments to grandfather children unanimous consent that I may speak problem of illegal immigration gen- so that once they are in school, they up to 10 minutes in morning business. erally. The way to deal with the prob- can complete the 6th grade and ele- The PRESIDING OFFICER. Without lem of illegal immigration is to protect mentary school or complete high objection, it is so ordered. our borders. It is not to deny education school. There was an amendment which

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11133 I had suggested, which I was not really the foremost challenges this country cluded because they have no realistic fond of and didn’t really think was the faces. Mr. Perot would help the debate, chance of winning, what are they going ultimate solution but a stop-gap meas- in terms of a focus on deficit reduction. to do when one of the two major can- ure, to have a mandatory, expedited Mr. Perot has also made a contribu- didates has no realistic prospect of vote in 21⁄2 years, 30 months after im- tion in two other areas that have re- winning? We have had several Presi- plementation of the Gallegly provision, ceived very little attention during this dential campaigns where that was the to see the impact of the Gallegly provi- Presidential campaign. First, with re- case. Let’s go back to the 1984 Presi- sion on delinquency, on education, and spect to the question of trade, he has a dential race with Ronald Reagan as the on family life, and then a second vote different view than either the Repub- incumbent President. There was no re- at the end of 5 years, 60 months. I felt lican challenger, Mr. Dole, or the in- alistic chance anybody was going to that the Gallegly amendment would, if cumbent President, President Clinton. beat him. Should we have canceled the presented in isolation, be rejected by This country deserves a debate and dis- Presidential debates altogether? the Congress, and that we would not cussion on trade policy as part of this This year we see the challenger 17 deny education to children in this Presidential campaign. points behind. Nobody has ever made country regardless of the status of Finally, I think Mr. Perot has also up that kind of gap. Should the Presi- their parents. But I believe, after a lot made a contribution with respect to dential commission determine Mr. Dole of deliberation, the issue has been re- the question of campaign finance re- has no realistic chance of winning the solved. form. We have heard virtually nothing election, and therefore cancel the de- I am looking forward to the con- in this campaign about campaign fi- bates? The logic used by the commis- ference which will start in just a few nance reform. sion—that because somebody does not minutes in which we will delete the I hope the Presidential commission have a realistic prospect of winning the Gallegly amendment so that the States will review their decision and decide to election they should be excluded from will not have the option to deny edu- include Mr. Perot. Again, I emphasize, the debates—is a slippery slope. cation to children regardless of their I am not a Perot supporter. I do not in- We ought to include those who have parents’ status. We can bring this im- tend to vote for him for President of met the tests that Mr. Perot has met. migration reform bill to the floor, and the United States. I intend to support I understand Mr. Perot is a controver- we can pass it and, I think, have it the President. I intend to support my sial figure. His 1992 Presidential cam- signed into law. party. I think the President has an out- paign—with his entrance into the race, I thank the Chair. In the absence of standing record in terms of actually his withdrawal, and his reentrance— any other Senator, Mr. President, I delivering on deficit reduction. raised many questions. But we are still suggest the absence of a quorum. I recall very well, when the President left with some basic facts. The PRESIDING OFFICER. The came in, in 1992, he inherited a budget First, he has qualified to be on the clerk will call the roll. deficit of $290 billion. That has now ballot in all 50 States. He has done The bill clerk proceeded to call the been reduced, by the best estimate for that. His party has qualified to be on roll. this year, to $116 billion, about a 60- the ballot in every State in the Nation. Mr. CONRAD. Mr. President, I ask percent reduction. In fact, the deficit Second, he has become eligible for unanimous consent that the order for has come down every year for 4 years Federal matching funds. The only peo- the quorum call be rescinded. in a row. ple who have managed to do that this The PRESIDING OFFICER. Without Partly because of the Clinton eco- year are Bill Clinton, Bob Dole, and objection, it is so ordered. nomic plan that was passed in 1993— Ross Perot. Nobody else has qualified f that was a deficit reduction plan—I be- to get Federal matching funds. lieve we have seen the resurgence of Third, he received nearly 20 percent MR. PEROT AND THE this economy. We have become the of the national vote in the last elec- PRESIDENTIAL DEBATES most competitive nation in the world, tion. I think that merits inclusion in Mr. CONRAD. Mr. President, I would replacing Japan. Not only have we seen these debates. Finally, perhaps most like to comment briefly on the decision a dramatic reduction in the deficit, but important, the vast majority of the to exclude Mr. Perot from the upcom- we have seen a significant strength- American people, according to the ing Presidential debates. I want to ening of economic growth. We have had polls, want him included. They want to make it clear from the outset that I the strongest private sector economic hear a debate that includes Mr. Perot. support my President and I support my growth on this President’s watch than It does not mean they want to vote for party, but I do believe that Mr. Perot on that of the last three Presidents. We him necessarily, but they want to see ought to be included in these debates. have also seen the lowest misery him included in the debate. After all, Mr. Perot and his party have index—the measure of inflation and un- As I have said before, I think he has now qualified to be on the ballot in all employment—in 28 years. Business in- demonstrated he has made a positive 50 States in this Nation. He has become vestment is increasing at a rate that is contribution on the issues of deficit re- eligible for Federal funding. In fact, he the highest in 30 years. We have seen duction, trade, and campaign finance will receive nearly $30 million in Fed- the creation of more than 10 million reform. eral funding, based on his previous per- new jobs during this President’s term. So, I hope the Presidential commis- formance. Last election he received I think this President has an out- sion will review their decision and de- nearly 20 percent of the vote nation- standing record to take before the cide to include Mr. Perot without hav- wide, and some exit polls indicate he American people. But I think most of ing a court have to review this decision would have done even better if people us also know that the job is not fin- for them. had not already made the judgment ished. The job is not yet completed. I thank the Chair, yield the floor, that he could not win. In polling that More needs to be done. I do believe Mr. and suggest the absence of a quorum. has been done this year, 76 percent of Perot would play a positive role in put- The PRESIDING OFFICER. The dis- the American people have indicated ting a focus on the additional deficit tinguished Senator’s thoughtful com- they would like to see him included. reduction that needs to be made in this ments are well received, and the clerk I think, for all of those reasons, Mr. country. will call the roll. Perot deserves to be included. But I As I have stated, I also believe he The bill clerk proceeded to call the think there are other reasons as well. I would make a positive contribution to roll. think Mr. Perot has made a significant a debate on trade policy and with re- Mr. BYRD. Mr. President, I ask unan- contribution to the national debate spect to the question of campaign fi- imous consent that the order for the and discussion over deficit reduction. nance reform. I am sure the occupant quorum call be rescinded. Frankly, if you go back to the 1992 de- of the chair may share these views. Or The PRESIDING OFFICER. Without bates and the 1992 campaign, Mr. Perot perhaps not. objection, it is so ordered. can rightfully claim that he served as a I do think the commission’s decision Mr. BYRD. Mr. President, I ask unan- prod to both parties to discuss deficit is fatally flawed. When they make a de- imous consent to speak out of order for reduction. I believe that remains one of termination that somebody not be in- not to exceed 10 minutes.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11134 CONGRESSIONAL RECORD — SENATE September 24, 1996 The PRESIDING OFFICER. Without braska for two terms from 1970–1978, tribute to my distinguished retiring objection, it is so ordered. longer than any other person in that colleague, DAVID PRYOR. The distinguished Senator from West State’s history. The experience served When I think about Congress suf- Virginia is recognized. him well. He was rewarded by the peo- fering—and I use the term ‘‘suffering’’ Mr. BYRD. I thank the Chair. ple of Nebraska when he achieved the advisedly—the largest number of retir- f unique accomplishment of having been ees in 100 years, I have a tendency to elected directly to the United States wax eloquent about my own personal SENATOR JIM EXON Senate. beliefs as to why that is happening. Mr. BYRD. Mr. President, I pay trib- JIM EXON comes from the heartland There are 13 Senators who have chosen ute today to Senator JAMES EXON, who of America and is an admirable reflec- to leave voluntarily this year. Among is completing his third term in the tion of the values, the solid citizenship, them are some of the very best. Senate and has unfortunately, decided and the loyalty that characterize our I have confessed on occasion when I to retire. His retirement caps a long heartland. He reflects the basic Amer- didn’t think it would hurt me politi- and distinguished career of public serv- ican values that honor family, fiscal cally to the fact that I am not a ter- ice unique to his home State of Ne- responsibility, and national security. ribly effective legislator because I have braska. JIM EXON and I have served to- Last year in the context of landmark a very difficult time compromising. I gether on the Armed Services Com- telecommunications reform legisla- have strong beliefs, and sometimes mittee, and I have admired his strong tion, he was the author of a provision compromise is just out of the question support of our national defense. At the intending to protect children from for me. And, yet, we all know that 535 computer pornography by making it il- same time, as a conservative, and as Members of the Congress cannot each legal to send indecent material to a ranking member on the Senate Budget have his or her own way on every issue. child or display it on computer screens Committee, Senator EXON has had a But the people who are retiring are where children can access it. practical, direct, moderate tempera- essentially people who are very good He has been, as well, a leader in pro- ment which has put him in tune with tecting American businesses from legislators because they understand national sentiment on the need to con- takeovers by foreign firms in the area the art of politics; the necessity for trol spending. He has been a leader of of national security. Known as the compromise. And I call them ‘‘bridge efforts to balance the budget, and that Exon-Florio law, passed in 1988, this builders’’—because they don’t let stand includes a need to reduce defense act gave the President authority to in- between them differences in philoso- spending where possible, given the end vestigate and stop foreign takeovers of phies and personalities. As the U.S. of the cold war, and particularly in American companies in the case where Senate has become more ideological tempering the tendency to throw too the takeover would threaten U.S. na- and more entrenched in hard core much money on expensive new hard- tional security. ideas, where name calling somehow or ware systems. JIM EXON is rock solid. This year he other has become the substitute for JIM EXON is against waste and he has and his wife, Patricia, will have cele- ideas, we need bridge builders. put his legislative shoulders behind brated their 53rd wedding anniversary, DAVID PRYOR was born in Camden, that effort. He would agree with Wil- which goes to show that you can still Ouachita County, AR, in 1934 to very liam Shakespeare, who wrote in King stay married to your first wife a long, devoted parents. All of DAVID’s life Henry V: long time. He returns to Nebraska to manifest in his personality and char- I can get no remedy join his three children, Steve, Pam, acter is the unexcelled upbringing he against this consumption of and Candy, along with his eight grand- enjoyed. the purse: borrowing only children, a very wealthy man he is in- He graduated from the University of lingers and lingers it out, deed—eight grandchildren. Arkansas Law School in 1964 with an but the disease is incurable. In citing his reasons for retirement, LLB degree, went home to his native JIM EXON will be missed here. I shall JIM EXON laments recent trends in Camden and established a newspaper miss his candid style, his no-nonsense American politics, such as the ‘‘vicious called the Ouachita Citizen that he op- temperament, and his refreshing di- polarization of the electorate,’’ the ero- erated for 4 years. During that period rectness, all of which are mixed with a sion of the art of honest compromise as of time he was also elected to the Ar- down-home sense of humor. As a Sen- the essence of the Democratic process, kansas State legislature, to the House ator, JIM EXON has always retained a and the negative attack ads domi- of Representatives, for three terms— modest sense of himself, never suc- nating current political campaigns. As 1960, 1962, and 1964. cumbing to the inflation of ego, which he departs, I hope that he will be a con- I remember—I guess it was 1966— is a constant temptation in a body so tinuing force against these trends and when DAVID was elected to the U.S. much in the national limelight. that he, at least, will help inculcate in House of Representatives. It was in 1968 Senator EXON’s success as a three- the new men and women who are enter- that I met him for the first time, and term Senator follows a string of other ing politics in Nebraska the same val- that was just one of those typical polit- successes. After graduating from the ues of fairness; good humor; practical, ical handshakes. The Democratic Party University of Omaha in 1942, he volun- independent sense—common sense— was having a forum in Little Rock. I teered for the U.S. Army Signal Corps and honest achievement that have so had the itch to run for Governor in and served in the Pacific theater in clearly emphasized and characterized 1968. Luckily for me I chose not to do New Guinea, in the Philippines, and, fi- his own career. it that year. But DAVID PRYOR spoke at nally, in Japan, and was honorably dis- Mr. President, I yield the floor and this meeting in Little Rock in 1968. suggest the absence of a quorum. charged as a master sergeant in De- And I was absolutely awe-stricken—he The PRESIDING OFFICER. The ab- cember of 1945. He returned from the was good looking, articulate, and had sence of a quorum has been suggested. war to start a business career and de- The clerk will call the roll. some very good ideas. And I thought veloped a very successful office equip- The assistant legislative clerk pro- how wonderful it must be to serve in ment company. ceeded to call the roll. the House of Representatives and be At the same time, he followed in his Mr. BUMPERS. Mr. President, I ask able to come here and say these things family’s political footsteps. His grand- unanimous consent that the order for for this giant crowd here this evening. father served as a county judge in the quorum call be rescinded. And it only piqued my interest in run- South Dakota, and JIM’s early grass- The PRESIDING OFFICER (Mr. ning for office that much more. roots experience came in campaigning THOMAS). Without objection, it is so or- So besides my father, who actually for his grandfather there. JIM started dered. encouraged me to go into politics when in politics by becoming a prominent f I was a child, DAVID was my next inspi- leader of the Nebraska Democratic ration because of that evening in Little Party, serving as State vice chairman TRIBUTE TO SENATOR DAVID Rock in 1968. and National Committeeman. PRYOR After losing a race for the Senate in JIM came to the Senate in 1978 after Mr. BUMPERS. Mr. President, I have 1972, he came back in 1974 and ran for having served as the Governor of Ne- come to the floor this morning to pay Governor and won handily, and served

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11135 our State for 4 years. That was two time when democracy perhaps hangs by the distinguished Senator from Con- terms, then, 2-year terms. He served a more slender thread than ever, losing necticut talk about the Family Leave our State admirably. a man like DAVID PRYOR, who possesses Act. He talked in very laudatory terms He became then, and has remained those qualities, is just short of disas- of the many positive changes that it ever since, the most popular politician trous for the country and certainly, to has brought about. in Arkansas by far. I said the other me, as a friend and colleague. Mr. President, I also want to voice a evening, and I have said it many times, In the years I have served with positive response to the fact that em- it pains me to say that. The thing that DAVID, almost 18 years, now, I have ployers do provide family leave, a time makes it bearable is I know it is true. never seen him duck a tough vote, to be with their family and loved ones Everybody in our State, virtually ev- though there have been plenty of op- at a time that is important, during erybody, loves DAVID PRYOR, as does portunities. He has always been able medical emergencies. But, Mr. Presi- virtually every Member of the U.S. and willing to take the heat in order to dent, I think it would be a shame to Senate. cast those votes. allow the subject to pass without ob- In all of the years that DAVID has When DAVID came to the Senate he serving what the real issue was. been in politics, and certainly all the had been Governor 4 years, but we real- The real issue in the Family and years he has been in Congress, I have ly did not know each other. We knew Medical Leave Act was not that people never heard anybody accuse him of each other politically, and we would should have time with their families. having Potomac fever, and the reason see each other at political events, and Of course they should. Many employers he is easily the most popular politician we were friends. But it was only after provided that before the act was in in Arkansas is because he has never he came to the Senate that we devel- place. Certainly I believe, within the lost that common touch of letting peo- oped a friendship in the truest meaning possibilities of jobs—not all jobs have ple know that he is concerned about of the word. So, I have been close to flexibility—but within the possibilities them. He never looks past you to see him in a lot of his travail. I can tell of the jobs involved, that certainly who is next in line. You get his undi- you, I do not know of very many people should be the case in terms of company vided attention, no matter how crazy who have suffered in their personal life policy. But, Mr. President, with all due re- the idea might be. DAVID PRYOR has al- as much as DAVID—really, terribly ways been a listener. traumatic things. Despite all of that, spect to the distinguished Senator I read a book one time called, ‘‘Lee, including the current trauma, I have from Connecticut, he just doesn’t get The Last Years.’’ It is the story of Rob- never seen him down. I have never seen it. One of the tragedies, I think, of our ert E. Lee after the war, written by a him look for sympathy or indicate that system as it developed is that our leg- man named Charles Bracelen Flood. he was looking for sympathy. islative bodies are populated by people And the most poignant part of the I remember when my wife, Betty— who have not had the experience of real book was a description of Lee after he and I do not mind saying this now, be- work in the private sector. They have surrendered to Grant at Appomattox. cause it was about 15 years ago—was not had an opportunity to be involved He then got on his horse Traveler and, diagnosed with cancer. It was a dicey in business and understand what is in- with a small entourage of Confederate situation. She was going to be operated volved when you have an essential officers and men, started on roughly a on at Georgetown at 8:30 in the morn- function that has to be done and some- 5-day trek from Appomattox Court- ing. I got there at 8, and DAVID was al- one is not there. Perhaps most of all, Mr. President, house to Richmond, where a home had ready there. I guess that morning was many, unfortunately, do not under- been prepared for him. the sealing of this, what will now be a stand what they have done to our coun- As they went through various south- lifelong friendship. try in the last few years by flooding it, ern villages and communities, huge During his entire adult life since he inundating it with regulations and crowds lined the streets awaiting for graduated law school, he and Barbara have undergone these traumatic expe- rules and laws. hours the arrival of Lee and his entou- I think of it in terms of the company rage—rebel yells, unbelievable cheers, riences together. She has been by his side. I have watched her. I have that I used to work for. When I was of people for this losing General. corporate counsel, it was myself and a About the third day of this trek to- watched her strength. I have watched her values sustain her and DAVID both. part-time assistant secretary. Right ward Richmond, Lee stopped at a point now, that same function, with similar where a battle had been fought and And in all fairness, she has never been shy about expressing her thoughts and responsibilities, is composed of four there were still rotting corpses on the full-time attorneys, three legal assist- ideas with her beloved husband, DAVID. battlefield. He got off his horse and he ants, and a backup division of more waved his arm toward the battlefield Then, of course, it has been a love af- fair. I know that DAVID never loved than 120 people. Do they do a better job and he said, ‘‘This could have been than I did? Yes; I suspect they do. avoided.’’ And the rest of what he said anybody else from the day he set eyes on Barbara Lunsford and they have But, Mr. President, what has hap- I paraphrase, but it was essentially pened is an explosion of regulation. this: At the time when this Nation both been tremendous parents to three very fine sons—they are so proud of The problem is not whether or not peo- needed men of courage and vision and ple should have family medical leave. restraint, we had politicians who saw them, and justifiably. While I am senior by 4 years to DAVID The problem is whether or not the Fed- that it was to their advantage to fo- eral Government ought to dictate the PRYOR in the U.S. Senate, he has been ment the flames of war. And this is the minute details of how jobs are run in result. my mentor, my consultant, and my best friend. I will miss him and I wish this country, how things operate in James Fallows has written a book this country. called ‘‘Breaking the News: How the him Godspeed and good luck. I yield the floor and suggest the ab- The question is not whether or not Media Undermines American Democ- we have an economy that is flexible racy.’’ It is a very interesting and al- sence of a quorum. The PRESIDING OFFICER. The and variable or whether or not we di- most unassailable hypothesis, in this clerk will call the roll. vert the resources of this country to book. But I can tell you, democracy al- The assistant legislative clerk pro- micromanage things from the top; the ways hangs by a thread. And here we ceeded to call the roll. question, with all due respect to those have a man like DAVID PRYOR, who has Mr. BROWN. Mr. President, I ask who worked so hard on that piece of all the qualities that Robert E. Lee de- unanimous consent that the order for legislation, is not whether or not you scribed, and more: tenacious, deter- the quorum call be rescinded. have family or medical leave. Of course mined on what he believes, intellect, The PRESIDING OFFICER. Without you ought to have it. The question is the character to stick with his ideas in objection, it is so ordered. whether or not you have a Govern- a totally honest way, and vision about f ment, a Federal Government, that sees where the country ought to be heading. its responsibility as one of centralizing These are remarkable traits to be FAMILY AND MEDICAL LEAVE ACT control of the Nation, one of man- wrapped up in one man, and rare and Mr. BROWN. Mr. President, I had the dating and dictating the details of how unusual in the U.S. Congress. So, at a pleasure earlier today of listening to we live our daily lives.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11136 CONGRESSIONAL RECORD — SENATE September 24, 1996 It may come as a surprise to some, Board apparently now has broken up Mr. DORGAN. I thank the Chair. but most Americans are pretty good at its meeting today and announced that (The remarks of Mr. DORGAN and Mr. knowing what is good for them. They there will be no change in the Federal ASHCROFT pertaining to the introduc- might even know better than those of funds rate—the interest rate that the tion of S. 2108 are located in today’s us in Washington who so often tell Federal Reserve sets that has a signifi- RECORD under ‘‘Statements on Intro- them what to do. cant impact on our economy, obvi- duced Bills and Joint Resolutions.’’) f ously. Mr. SANTORUM addressed the Chair. I have been a frequent critic of the The PRESIDING OFFICER. The Sen- RECESS Federal Reserve Board. I would say ator from Pennsylvania. Mr. BROWN. Mr. President, I ask that, if they have decided not to in- f crease interest rates today, I commend unanimous consent that the Senate PARTIAL-BIRTH ABORTIONS now stand in recess until the hour of them for that decision. I think it is the 2:15 today. right decision. Mr. SANTORUM. Mr. President, I The PRESIDING OFFICER. Without The Federal funds rate is already think it is appropriate, as a result of objection, it is so ordered. The Senate one-half of 1 percent above where it the comments of the Senator from will be in recess until 2:15. ought to be historically, given the rate North Dakota and the Senator from There being no objection, at 12:23 of inflation. There is no justification Missouri, to talk about another issue p.m., the Senate recessed until 2:14; for an interest rate increase by the that deals with the issue of life, an issue that will be before us in a very whereupon, the Senate reassembled Federal Reserve Board. Inflation is short few days. That is the issue of par- when called to order by the Presiding under control—well under control— coming down 5 years in a row. Last tial-birth abortions. Officer (Mr. COATS). I took to the floor on Friday after- Mr. COHEN. Mr. President, I suggest month there was a one-tenth of 1 per- cent increase in the Consumer Price noon when this place was pretty empty the absence of a quorum. Index, virtually no inflation. So there to talk about the issue of partial-birth The PRESIDING OFFICER. The was no basis for the Federal Reserve abortions. I said at that time that clerk will call the roll. Board to consider an interest rate in- while the term ‘‘partial-birth abor- The legislative clerk proceeded to crease. tion’’ is used, this is not a pro-life or call the roll. Some have suggested the Fed would pro-choice issue. This is not whether Mr. COHEN. Mr. President, I ask meet in secret today if they wanted to, you are for or against abortion. This unanimous consent that the order for go in the room, shut the door, and debate should be limited, must be lim- the quorum call be rescinded. make the decision in secret, and it ited to the procedure that we are dis- The PRESIDING OFFICER. Without would in effect increase interest rates cussing, and that is the procedure objection, it is so ordered, today in order to respond to what they called partial-birth abortions. f consider to be the need in the market- I said at that time that I thought we MORNING BUSINESS place. But the Fed apparently decided should have a good debate, that the not to do so. Again, I want to say that Senate, being the greatest deliberative Mr. COHEN. Mr. President, I ask I think that is the right decision for body in the history of the world, should unanimous consent that the Senate this country, and for our economy be- live up to its moniker, that we should now go into a period of morning busi- cause they ought not fight a foe that have a deliberate, thoughtful debate on ness with Members allowed to speak does not exist with remedy that is in- facts. I felt if we did have such a debate for up to 5 minutes each. appropriate. That is what they would here, if we had such a deliberate, The PRESIDING OFFICER. Without have done, if they had increased inter- thoughtful debate, that, in fact, people objection, it is so ordered. est rates today. who may have voted one way the last Mr. COHEN. Mr. President, I suggest I found it interesting the other day time, when presented with all the the absence of a quorum. that the Washington Post had a story facts, in reexamining all the informa- The PRESIDING OFFICER. The saying the FBI has been called out to tion that has come to light since the clerk will call the roll. find out who leaked information at the original vote in the Senate, might feel The legislative clerk proceeded to Fed about what the regional Fed bank compelled to vote for this bill and call the roll. presidents have recommended with re- override the President’s veto. Mr. DORGAN. Mr. President, I ask spect to interest rates. I would much I read an article today in the Wash- unanimous consent that the order for sooner see the FBI called out to find ington Post that gave me some hope the quorum call be rescinded. out who withheld information from the that people who consider themselves to The PRESIDING OFFICER. Without American people, and what they talk be pro-choice can take a good look at objection, it is so ordered. about is the incredible secrecy of this the facts and change their mind on this Mr. DORGAN. Mr. President, are we institution called the Federal Reserve procedure, this gruesome procedure. in morning business? Board. Would it not be nice if everyone What gave me heart was an article pub- The PRESIDING OFFICER. The Sen- could have all the information about lished today in the Washington Post by ate is in morning business, with Sen- how and when they make decisions Richard Cohen. Richard Cohen is a col- ators allowed to speak for up to 5 min- about monetary policy instead of call- umnist who proclaims himself to be, utes. ing the FBI out to find out who leaked and has consistently been, pro-choice. Mr. DORGAN. Mr. President, I ask information so the American people He believes in the woman’s right to unanimous consent to be allowed to have some knowledge about who was choose—in fact, in this article so states speak for 10 minutes. recommending what on interest rate again. The PRESIDING OFFICER. Without policies? Mr. Cohen, back in June of last year, objection, it is so ordered. Mr. President, thank you. That is wrote an article that condemned the The Senator from North Dakota is therapy for me to get that off my chest bill. recognize to speak for 10 minutes. this early after the Federal Reserve In fact, it says, ‘‘In Defense of Late- Mr. DORGAN. Mr. President, I would Board met and apparently made the Term Abortions,’’ Tuesday, June 20, like to make two points today; one right decision. There is an old saying. 1995, the Washington Post. very brief and then I would like to ‘‘Even the stopped clock is right twice He goes on to give his reasons why he make some remarks, along with my a day.’’ I will not compare the Fed to believes that partial-birth abortions colleague, Senator ASHCROFT, and in- a stopped clock, but at least to say should continue to be legal in this troduce a piece of legislation. that the Fed is right on interest rates. country. f They did not change the rate. There Fast forward to today an article by was no justification in making a Richard Cohen: ‘‘A New Look at Late- NO CHANGE IN THE FEDERAL change, and they should not have made Term Abortion’’: FUNDS RATE a change. A rigid refusal even to consider society’s Mr. DORGAN. Mr. President, the The PRESIDING OFFICER. The Sen- interest in the matter endangers abortion first point is that the Federal Reserve ator from North Dakota is recognized. rights.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11137 He writes this article from the per- lobby also thinks that if it gives in just a lit- to respond to some of what he said and spective of someone who is a defender tle, its enemies will have it by the throat. I do not have that much time and we of abortion rights, someone who still That explains such public relations disasters are under a 5-minute rule, if he can believes in a woman’s right to choose, as the fight to retain assault rifles. It also complete in 2, and then I can make my explains why the National Rifle Association using his terms. has such an image problem. Sometimes it 5-minute remarks, because I cannot I ask unanimous consent to have this seems just plain nuts. stay to hear the rest of my friend’s re- article printed in the RECORD. Welfare is another area where the indefen- marks. So if he can complete in 2 min- There being no objection, the article sible was defended for so long that popular utes. was ordered to be printed in the support for the program evaporated. In the Mr. SANTORUM. I ask unanimous RECORD, as follows: 1960s, ’70s and even later, it was almost im- consent that the Senator from Cali- A NEW LOOK AT LATE-TERM ABORTION—A possible to get welfare advocates to concede fornia speak for 5 minutes, and I will that cheating was a problem and that wel- RIGID REFUSAL EVEN TO CONSIDER SOCI- just continue from there. fare just might be financing generation after ETY’S INTEREST IN THE MATTER ENDANGERS The PRESIDING OFFICER. Without ABORTION RIGHTS generation of households where no one works. This year, the program on the federal objection, it is so ordered. (By Richard Cohen) level was trashed. It had few defenders. Mrs. BOXER addressed the Chair. Back in June, I interviewed a woman—a This must not happen with abortion. A The PRESIDING OFFICER. The Sen- rabbi, as it happens—who had one of those woman really ought to have the right to ator from California is recognized for 5 late-term abortions that Congress would choose. But society has certain rights, too, minutes. have outlawed last spring had not President and one of them is to insist that late-term Mrs. BOXER. Mr. President, I came Clinton vetoed the bill. My reason for inter- abortions—what seems pretty close to infan- viewing the rabbi was patently obvious: Here to the floor today because I listened to ticide—are severely restricted, limited to the Senator’s presentation, and I think was a mature, ethical and religious woman women whose health is on the line or who who, because her fetus was deformed, con- are carrying severely deformed fetuses. In it is very interesting. We have had a cluded in her 17th week that she had no the latter stages of pregnancy, the word number of high-profile men comment choice other than terminate her pregnancy. abortion does not quite suffice; we are talk- on this particular vote that is coming Who was the government to second-guess ing about the killing of the fetus—and, too up, and my colleague from Pennsyl- her? often, not for any urgent medical reason. vania goes at length into the remarks Now, though, I must second-guess my own President Clinton, apparently as mis- of a columnist. column—although not the rabbi and not her informed as I was about late-term abortions, husband (also a rabbi). Her abortion back in I think it is very important to listen now ought to look at the new data. So should to the women who were told that if 1984 seemed justifiable to me last June, and the Senate, which has been expected to sus- it does to me now. But back then I also was tain the president’s veto. Late-term abor- they didn’t have this particular proce- led to believe that these late-term abortions tions once seemed to be the choice of women dure that my colleague wants to out- were extremely rare and performed only who, really, had no other choice. The facts law they could die, they could be made when the life of the mother was in danger or now are different. If that’s the case, then so permanently infertile, they could be the fetus irreparably deformed. I was wrong. should be the law. paralyzed for life, these women who I didn’t know it at the time, of course, and maybe the people who supplied my data—the Mr. SANTORUM. Mr. President, I have come to our offices to beg us to usual pro-choice groups—were giving me will not read the entire article, but it stay out of the emergency room, to what they thought was precise information. is in the RECORD, and I do not think stay out of the surgical room, to sup- And precise I was. I wrote the ‘‘just four one- what I do read, which is most of the ar- port the President’s veto of this ex- hundredths of one percent of abortions are ticle, takes away from the meaning. treme bill. performed after 24 weeks’’ and that ‘‘most, if He mentioned a case in his previous Why do I call it extreme? I call it ex- not all, are performed because the fetus is article in June of a woman who had an treme because this bill would ban the found to be severely damaged or because the abortion and used that sort of to jus- procedure, regardless of the cir- life of the mother is clearly in danger.’’ It turns out, though, that no one really tify late-term abortions and particu- cumstance. It has a narrow exception, knows what percentage of abortions are late- larly the partial-birth abortion proce- and I have it here: ‘‘* * * to save the term. No one keep figures. But my Wash- dure. He revisits that in the beginning life of a mother whose life is endan- ington Post colleague David Brown looked of the article and says he still agreed gered by a physical disorder, illness or behind the purported figures and the pur- this woman who did not have a partial- injury, provided that no other medical ported rationale for these abortions and birth abortion but had a late-term procedure would suffice.’’ found something other than medical crises of abortion, was right to do so. But he This is the first time in history that one sort or another. After interviewing doc- the people who oppose abortion have tors who performed late-term abortions and said, ‘‘What seemed justifiable to me surveying the literature, Brown—a physician last June, does not now.’’ made such a narrow life exception. The himself—wrote: ‘‘These doctors say that He said: Hyde amendment simply says we can while a significant number of their patients I was led to believe that these late-term outlaw the procedure except ‘‘to save have late abortions for medical reasons, abortions were extremely rare and performed the life of the mother’’ if the preg- many others—perhaps the majority—do only when the life of the mother was in dan- nancy is carried to term. not.’’ ger or the fetus irreparably deformed. This life exception is so narrow in Brown’s findings brought me up short. If, You heard in the House of Represent- this bill that a physician could only in fact, most women seeking late-term abor- atives last week when they were debat- use this life-saving procedure if the tions have just come to grips a bit late with their pregnancy, then the word ‘‘choice’’ has ing this issue and you will hear over woman had a preexisting condition been stretched past a reasonable point. I re- and over again from the advocates of such as diabetes, but not if he believed alize that many of these women are dazed partial-birth abortions that this is only carrying the pregnancy forward or a teenagers or rape victims and that their an- done in extreme medical emergencies Caesarean section or other methods guish is real and their decision probably not when fetuses have no chance of sur- would, in fact, endanger her life. capricious. But I know, too, that the fetus vival outside of the womb and that If a physician does choose to use this being destroyed fits my personal definition they are done very rarely. procedure, even in the situation of a of life. A 3-inch embryo (under 12 weeks) is Mr. Cohen says: preexisting condition of the woman, one thing; but a nearly fully formed infant is this physician could be hauled into something else. I was wrong. I didn’t know at the time, of It’s true, of course, that many opponents of course, and maybe the people who supplied court and have to provide a defense for what are often called ‘‘partial-birth abor- my data, the usual pro-choice groups*** himself. tions’’ are opposed to any abortions what- The PRESIDING OFFICER. The I say to my friends, if this debate was ever. And it also is true that many of them Chair informs the Senator from Penn- really about outlawing this procedure, hope to use popular repugnance over late- sylvania that the 5 minutes have ex- we could pass this bill in 1 minute. term abortions as a foot in the door. First pired. Every one of us who voted for the these, then others and then still others. This Mr. SANTORUM. Mr. President, I amendment that I offered, which sim- is the argument made by pro-choice groups: Give the antiabortion forces this one inch, ask unanimous consent to speak in ply said make an exception for the and they’ll take the next mile. morning business for 10 minutes. health and life of the mother—and we It is instructive to look at two other Mrs. BOXER. Reserving the right to did not even leave it open-ended; we issues: gun control and welfare. The gun object, I ask my colleague, since I want said serious adverse health risk—we

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11138 CONGRESSIONAL RECORD — SENATE September 24, 1996 were willing to ban this procedure, ruptured cervix and loss of her ability to Mrs. BOXER. Mr. President, in this every one of us who voted against this bear children in the future. She talked of her letter, the President says that he bill, if it had a true life exception and predicament: would sign such a bill that outlawed ‘‘Our little boy had . . . hydrocephaly. All if, in fact, it had a health exception the doctors told us there was no hope. We this procedure with those humane ex- tightly drawn so that if a woman was asked about in utero surgery, about shunts ceptions. told, ‘‘You may not bear another child to remove the fluid, but there was absolutely So, Mr. President, as we approach again unless you have this procedure,’’ nothing we could do. I cannot express the this vote, I am going to be on this floor or ‘‘You may be paralyzed for life un- pain we still feel. This was our precious little as often as I can, and I hope others less you have this procedure,’’ or, ‘‘You baby, and he was being taken from us before will, to make the offer to my friends on could even die if that procedure goes we even had him. This was not our choice, the other side. for not only was our son going to die, but the The PRESIDING OFFICER. The forward in those cases,’’ we would all complications of the pregnancy put my vote together. health in danger, as well.’’ Chair informs the Senator from Cali- If the people who stand up here and Some have raised the question whether fornia that the 5 minutes under morn- quote columnists would come together this procedure is ever most appropriate as a ing business have expired. with us, we could craft a bill in a matter of medical practice. The best answer Mrs. BOXER. Mr. President, let’s ban minute that would, in fact, outlaw this comes from the medical community, which this procedure except for life of the procedure, except if the woman’s life believes that, in those rare cases where a mother or serious health impact. woman’s serious health interests are at Thank you very much, Mr. President. was threatened if the pregnancy was stake, the decision of whether to use the pro- carried to term or she had severe cedure should be left to the best exercise of (Disturbance in the galleries.) health consequences facing her family. their medical judgment. The PRESIDING OFFICER. The We could pass that 100 to nothing. But The problem with H.R. 1833 is that it pro- Chair reminds the galleries that ap- we don’t have that before us today, be- vides an exception to the ban on this proce- plause is not appropriate. cause those on the other side would dure only when a doctor is convinced that a The PRESIDING OFFICER. The Sen- rather have a political hot-potato issue woman’s life is at risk, but not when the doc- ator from Pennsylvania is recognized. tor believes she faces real, grave risks to her Mr. SANTORUM. Mr. President, as I again. health. It is sad. We can outlaw this proce- Let me be clear. I do not contend that this was saying, quoting Mr. COHEN: dure today with an exception for life of procedure, today, is always used in cir- I didn’t know at the time— the mother or serious health impacts, cumstances that meet my standard. The pro- Mr. COHEN, who, again, previously but, no, better to make the President cedure may well be used in situations where wrote that he was in favor of allowing have to explain it. And let me tell you, a woman’s serious health interests are not at this procedure to be legal, says: he is explaining it. risk. But I do not support such uses, I do not defend them, and I would sign appropriate I didn’t know at the time, of course, and I ask unanimous consent to have legislation banning them. maybe the people who supplied my data—the printed in the RECORD a letter dated At the same time, I cannot and will not ac- usual pro-choice groups—were giving me September 23 that he has sent to us. cept a ban on this procedure in those cases what they thought was precise information. There being no objection, the letter where it represents the best hope for a And precise I was. I wrote that ‘‘just four was ordered to be printed in the woman to avoid serious risks to her health. one-hundredths of one percent of abortions are performed after 24 weeks’’ and that RECORD, as follows: I also understand that many who support this bill believe that a health exception ‘‘most, if not all, are performed because the THE WHITE HOUSE, could be stretched to cover almost anything, fetus is found to be severely damaged or be- Washington, DC, September 23, 1996. such as emotional stress, financial hardship cause the life of the mother is clearly in dan- Hon. THOMAS A. DASCHLE, or inconvenience. That is not the kind of ex- ger.’’ Democratic Leader, U.S. Senate, Washington, ception I support. I support an exception It turns out, though, that no one really DC. that takes effect only where a woman faces knows what percentage of abortions are late- DEAR MR. LEADER: I am writing to urge real, serious risks to her health. Some have term. No one keeps figures. But my Wash- that you vote to uphold my veto of H.R. 1833, cited cases where fraudulent health reasons ington Post colleague David Brown looked a bill banning so-called partial-birth abor- are relied upon as an excuse—excuses I could behind the purported figures and the pur- tions. My views on this legislation have been never condone. But people of good faith must ported rationale for these abortions and widely misrepresented, so I would like to recognize that there are also cases where the found something other than medical crises of take a moment to state my position clearly. health risks facing a woman are deadly seri- one sort or another. After interviewing doc- First, I am against late-term abortions and ous and real. It is in those cases that I be- tors who performed late-term abortions and have long opposed them, except, as the Su- lieve an exception to the general ban on the surveying the literature, Brown—a physician preme Court requires, where necessary to procedure should be allowed. himself—wrote: ‘‘These doctors say that protect the life or health of the mother. As Further, I reject the view of those who say while a significant number of their patients Governor or Arkansas, I signed into law a it is impossible to draft a bill imposing real, have late-term abortions for medical rea- bill that barred third trimester abortions, stringent limits on the use of this proce- sons, many others—perhaps the majority—do with an appropriate exception for life or dure—a bill making crystal clear that the not. health. I would sign a bill to do the same procedure may be used only in cases where a Brown’s findings brought me up short. If, thing at the federal level if it were presented woman risks death or serious damage to her in fact, most women seeking late-term abor- to me. health, and in no other case. Working in a bi- tions have just come to grips a little bit late The procedure aimed at in H.R. 1833 poses partisan manner, Congress could fashion with their pregnancy, then the word a difficult and disturbing issue. Initially, I such a bill. ‘‘choice’’ has been stretched past a reason- anticipated that I would support the bill. That is why I asked Congress, by letter able point. I realize that many of these But after I studied the matter and learned dated February 28 and in my veto message, women are dazed teenagers or rape victims more about it, I came to believe that it to add a limited exemption for the small and that their anguish is real and their deci- should be permitted as a last resort when number of compelling cases where use of the sion probably not capricious. But I know, doctors judge it necessary to save a woman’s procedure is necessary to avoid serious too, that the fetus being destroyed fits my life or to avert serious consequences to her health consequences. As I have said before, if personal definition of life. A 3-inch embryo health. Congress produced a bill with such an exemp- (under 12 weeks) is one thing; but a nearly In April, I was joined in the White House tion, I would sign it. fully formed infant is something else. by five women who were devastated to learn In short, I do not support the use of this that their babies had fatal conditions. These procedure on demand or on the strength of He goes on to say: women wanted anything other than an abor- mild or fraudulent health complaints. But I A woman really ought to have the right to tion, but were advised by their doctors that do believe that it is wrong to abandon choose. But society has certain rights, too, this procedure was their best chance to avert women, like the women I spoke with, whose and one of them is to insist that late-term the risk of death or grave harm, including, in doctors advise them that they need the pro- abortions—[which] seems pretty close to in- some cases, an inability to bear children. cedure to avoid serious injury. That, in my fanticide—are severely restricted, limited to These women gave moving testimony. For judgment, would be the true inhumanity. Ac- women whose health is on the line or who them, this was not about choice. Their ba- cordingly, I urge that you vote to uphold my are carrying severely deformed fetuses. In bies were certain to perish before, during or veto of H.R. 1833. the latter stages of pregnancy, the word shortly after birth. The only question was I continue to hope that a solution can be abortion does not quite suffice; we are talk- how much grave damage the women were reached on this painful issue. But enacting ing about the killing of the fetus—and, too going to suffer. One of them described the se- H.R. 1833 would not be that solution. often, not for any urgent medical reason. rious risks to her health that she faced, in- Sincerely, President Clinton, apparently as mis- cluding the possibility of hemorrhaging, a BILL CLINTON. informed as I was about late-term abortions,

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11139 now ought to look at the new data. So should the original vote in the Senate. This is by the Alan Guttmacher Institute of New the Senate, which has been expected to sus- The Sunday Record in Bergen County, York, a respected source of data on reproduc- tain the president’s veto. Late-term abor- NJ, September 15, 1996, just a few days tive health. tions once seemed to be the choice of women ago, an article, ‘‘The facts on partial- The National Abortion Federation, the who, really, had no other choice. The facts professional association of abortion pro- now are different. If that’s the case, then so birth abortion.’’ viders and the source of data and case his- should be the law. Mr. President, I ask unanimous con- tories for this pro-choice fight, estimates Mr. President, what Mr. Cohen talks sent that this article be printed in the that the number of intact cases in the second about is the fact that late-term abor- RECORD. and third trimesters is about 500 nationwide. tions are not as rare as some would There being no objection, the article The National Abortion and Reproductive Rights Action League says ‘‘450 to 800’’ are suggest, and that partial-birth abor- was ordered to be printed in the RECORD, as follows: done annually. tions are not as rare. But those estimates are belied by reports The Senator from California said THE FACTS ON PARTIAL-BIRTH ABORTION— from abortion providers who use the method. that we should not get involved in the BOTH SIDES HAVE MISLED THE PUBLIC Doctors at Metropolitan Medical in Engle- emergency room. The Senator from (By Ruth Pabawer) wood estimate that their clinic alone per- California knows that the partial-birth Even by the highly emotional standards of forms 3,000 abortions a year on fetuses be- abortion procedure is not an emer- the abortion debate, the rhetoric on so-called tween 20 and 24 weeks, of which at least half gency procedure. It is a 3-day proce- ‘‘partial-birth’’ abortions has been excep- are by intact dilation and evacuation. They dure. It takes 3 days from the time the tionally intense. But while indignation has are the only physicians in the state author- woman presents herself to the abor- been abundant, facts have not. ized to perform abortions that late, accord- Pro-choice activists categorically insist ing to the state Board of Medical Examiners, tionist to the time that the abortion is that only 500 of the 1.5 million abortions per- which governs physicians’ practice. completed. So it can never be used in formed each year, in this country involve the The physicians’ estimate jibe with state an emergency. partial-birth method, in which a live fetus is figures from the federal Centers for Disease She also said, well, if we only had an pulled partway into the birth canal before it Control, which collects data on the number exception for the health of the mother. is aborted. They also contend that the proce- of abortions performed. The Senator from California, who de- dure is reserved for pregnancies gone trag- ‘‘I always try an intact D&E first,’’ said a bates this issue on the floor a lot, ically awry, when the mother’s life or health Metropolitan Medical gynecologist, who, knows fully well, that health of the is endangered, or when the fetus is so defec- like every other provider interviewed for this mother has been interpreted by courts tive that it won’t survive after birth anyway. article, spoke on condition of anonymity for The pro-choice claim has been passed on fear of retribution. If the fetus isn’t breech, over and over and over again to include without question in several leading news- or if the cervix isn’t dilated enough, pro- virtually everything. When I say that, papers and by prominent commentators and viders switch to traditional, or ‘‘classic,’’ what do I mean? Yes, it includes phys- politicians, including President Clinton. D&E—in utero dismemberment. ical health, but it includes mental But interviews with physicians who use the Another metropolitan area doctor who health, financial health, social health, method reveal that in New Jersey alone, at works outside New Jersey said he does about any kind of health impact. That is a least 1,500 partial-birth abortions are per- 250 post-20-week abortions a year, of which limitation without limit. formed each year—three times the supposed half are by intact D&E. The doctor, who is There is no limitation when we put national rate. Moreover, doctors say only a also a professor at two prestigious teaching hospitals, said he has been teaching intact in there health of the mother. And that ‘‘minuscule amount’’ are for medical rea- sons. D&E since 1981, and he said he knows of two is exactly what she wants to accom- Within two weeks, Congress is expected to former students on Long Island and two in plish. That is exactly what she wants decide whether to criminalize the procedure. New York City who use the procedure. ‘‘I do to accomplish. She does not want to The vote must override Clinton’s recent an intact D&E whenever I can, because it’s limit this procedure, or any other abor- veto. In anticipation of that showdown, lob- far safer,’’ he said. tion procedure, at any time during the byists from both camps have orchestrated The National Abortion Federation said 40 pregnancy for any reason. I respect her aggressive campaigns long on rhetoric and of its 300 member clinics perform abortions opinion. I just do not agree with it. I do short on accuracy. as late as 26 weeks, and although no one For their part, abortion foes have implied knows how many of them rely on intact not think the Members of the Senate that the method is often used on healthy, D&E, the number performed nationwide is agree with that. There is new evidence full-term fetuses, an almost-born baby deliv- clearly more than the 500 estimated by pro- out. I hope that my colleagues—and ered whole. In the three years since they choice groups like the federation. the Senator from California made it began their campaign against the procedure, The federation’s executive director, Vicki sound like this was a pro-life/pro- they have distributed more than 9 million Saporta, said the group drew its 500-abortion choice issue. I can give her a laundry brochures graphically describing how doctors estimate from the two doctors best known list. She knows them well, and that ‘‘deliver’’ the fetus except for its head, then for using intact D&E, Dr. Martin Haskell in many people who are pro-choice here in puncture the back of the neck and aspirate Ohio, who Saporta said does about 125 a year, brain tissue until the skull collapses and and Dr. James McMahon in California, who the Senate and in the House voted for slips through the cervix—an image that did about 375 annually and has since died. this bill to outlaw this procedure. prompted even pro-choice Sen. Daniel P. Saporta said the federation has heard of Why? Because this crosses the line. Moynihan, D–N.Y., to call it ‘‘just too close more and more doctors using intact D&E, This goes too far. You have a person to infanticide.’’ but never revised its estimate, figuring those here who, in very strong terms in this But the vast majority of partial-birth doctors just picked up the slack following article, talks about how adamantly abortions are not performed on almost-born McMahon’s death. pro-choice he is; and he in fact writes babies. They occur in the middle of the sec- ‘‘We’ve made umpteen phone calls [to find the reason we should draw the line here ond trimester, when the fetus is too young to intact D&E practioners],’’ said Saporta, who is because if you do not draw the line, survive outside the womb. said she was surprised by The Record’s find- The reason for the fervor over partial birth ings. ‘‘We’ve been looking for spokespeople you endanger a woman’s right to is plain: The bill marks the first time the on this issue....People do not want to choose generally because of the extre- House has ever voted to criminalize the abor- come forward [to us] because they’re con- mism of this position. tion procedure since the landmark Roe v. cerned they’ll become targets of violence and I do not think the Senate should go Wade ruling. Both sides know an override harassment.’’ down in history as that body that al- could open the door to more severe abortion WHEN IT’S DONE restrictions, a thought that comforts one lowed infanticide to continue, as so de- The pro-choice camp is not the only one side and horrifies the other. scribed, not only by Mr. Cohen, but by promulgating misleading information. A key the former Surgeon General, C. Everett HOW OFTEN IT’S DONE component of The National Right to Life Koop and the Pope, and many others. No one keeps statistics on how many par- Committee’s campaign against the procedure Senator MOYNIHAN, others—Senator tial-birth abortions are done, but pro-choice is a widely distributed illustration of a well- MOYNIHAN, I say to Senator BOXER, is advocates have argued that intact ‘‘dilation formed fetus being aborted by the partial- not adamantly pro-life by any stretch and evacuation’’—a common name for the birth method. The committee’s literature method, for which no standard medical term calls the aborted fetuses ‘‘babies’’ and as- of the imagination, and has said this exists—is very rare, ‘‘an obstetrical non-en- serts that the partial-birth method has looks perilously close to infanticide. tity,’’ as one put it. And indeed, less than 1.5 ‘‘often been performed’’ in the third tri- How often does this procedure take percent of abortions occur after 20 weeks mester. place? Again, let us look at all the in- gestation, the earliest point at which this The National Right to Life Committee and formation that we have gathered since method can be used, according to estimates the National Conference of Catholic Bishops

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11140 CONGRESSIONAL RECORD — SENATE September 24, 1996 have highlighted cases in which the proce- white, and most are for elective, not med- That strategy is no surprise, given Ameri- dure has been performed well into the third ical, reasons: people who didn’t realize, or cans queasiness about later-term abortions. trimester, and overlaid that on instances in didn’t care, how far along they were. Most Why reargue the morality of or the right to which women have had less-than-compelling are teenagers.’’ a second-trimester abortion when anguishing reasons for abortion. In a full-page ad in the The physician who teaches said: ‘‘In my examples like Costello’s can more compel- Washington Post in March, the bishops’ con- private practice, 90 to 95 percent are medi- lingly make the case for intact D&E? ference illustrated the procedure and said, cally indicated. Three of them today are To get around the bill, abortion providers women would use it for reasons as frivolous Trisomy–21 [Down syndrome] with heart say they could inject poison into the ad ‘‘hates being fat,’’ ‘‘can’t afford a baby * * *, the mother has brain cancer and needs amniotic fluid or fetal heart to induce death and a new car,’’ and ‘‘won’t fit in to prom chemo. But in the population I see at the in utero, but that adds another level of com- dress.’’ teaching hospitals, which is mostly a clinic plication and risk to the pregnant woman. ‘‘We were very concerned that if partial- population, many, many fewer are medically Or they could use induction—poisoning the birth abortion were allowed to continue, you indicated.’’ fetus and then ‘‘delivering’’ it dead after 12 could kill not just an unborn, but a mostly Even the Abortion Federation’s two promi- to 48 hours of painful labor. That method is born. And that’s not far from legitimizing nent providers of intact D&E have showed clearly more dangerous, and if it doesn’t actual infanticide,’’ said Helen Alvare, the documents that publicly contradict the fed- work, the patient must have a Caesarean bishops’ spokeswoman. eration’s claims. section, major surgery with far more risks. Forty-one states restrict third-trimester In a 1992 presentation at an Abortion Fed- Ironically, the most likely response to the abortions, and even states that don’t—such eration seminar, Haskell described intact ban is that doctors will return to classic as New Jersey—may have no physicians or D&E in detail and said he routinely used it D&Es, arguably a far more gruesome method hospitals willing to do them for any reason. on patients 20 to 24 weeks pregnant. Haskell than the one currently under fire. And, pro- Metropolitan Medical’s staff won’t do abor- went on to tell the American Medical News, choice advocates now wonder how safe from tions after 24 weeks of gestation. ‘‘The the official paper of the American Medical attack that is, now that abortion foes have nurses would stage a war,’’ said a provider Association, that 80 percent of those abor- American’s attention. Congress is expected to call for the over- there. ‘‘The law is one thing. Real life is tions were ‘‘purely elective.’’ ride vote this week or next, once again turn- something else.’’ The federation’s other leading provider, ing up the heat on Clinton barely seven In reality, only about 600—or 0.04 percent— Dr. McMahon, released a chart to the House weeks from the election. of abortions of any type are performed after Judiciary Committee listing ‘‘depression’’ as Legislative observers from both camps pre- 26 weeks, according to the latest figures the most common maternal reason for his dict that the vote in the House will be close. from Guttmacher. Physicians who use the late-term non-elective abortions, and listing If the override suceeds—a two-thirds major- procedures say the vast majority are done in ‘‘cleft lip’’ several times as the fetal indica- ity is required—the measure will be sent to the second trimester, prior to fetal viability, tion. Saporta said 85 percent of McMahon’s the Senate, where the override is less likely, generally thought to be 24 weeks. Full term abortions were for severe medical reasons. given that the initial bill passed by 54 to 44. is 40 weeks. Even using Saporta’s figures, simple math ... Right to Life legislative director Douglas shows 56 of McMahon’s abortions and 100 of Johnson denied that his group had focused Haskell’s each year were not associated with Mr. SANTORUM. Mr. President, let on third-trimester abortions, adding, ‘‘Even medical need. Thus, even if they were the me, if I can, just quote from some of if our drawings did show a more developed only two doctors performing the procedure, the article as to the facts that were un- baby, that would be defensible because 30- more than 30 percent of their cases were not covered. week fetuses have been aborted frequently associated with health concerns. You heard Mr. Cohen reference Dr. by this method, and many of those were not Asked about the disparity, Saporta said Brown in his work with the Wash- flawed, even by an expansive definition. the pro-choice movement focused on the ington Post finding out about more of WHY IT’S DONE compelling cases because those were the ma- these procedures being performed in jority of McMahon’s practice, which was Abortion rights advocates have consist- more late-term abortion procedures mostly third-trimester abortions. Besides; ently argued that intact D&Es are used Saporta said, ‘‘When the Catholic bishops being done in this country. Let me under only the most compelling cir- and Right to Life debate us on TV and radio, share with you this analysis done by a cumstances. In 1995, the Planned Parenthood they say a woman at 40 weeks can walk in Ruth Padawer, who is the health re- Federation of America issued a press release and get an abortion even if she and the fetus porter for the newspaper. She talks asserting that the procedure ‘‘is extremely are healthy.’’ Saporta said that claim is not about how the prochoice people say rare and done only in cases when the wom- true. ‘‘That has been their focus, and been an’s life is in danger or in cases of extreme that this is a very rare procedure. I playing defenses ever since.’’ fetal abnormality.’’ quote: In February, the National Abortion Fed- WHERE LOBBYING HAS LEFT US But interviews with physicians who use the eration issued a release saying, ‘‘This proce- Doctors who rely on the procedure say the method reveal that in New Jersey alone, at dure is most often performed when women way the debate has been framed obscures least 1,500 partial-birth abortions are per- discover late in wanted pregnancies that what they believe is the real issue. Banning formed each year—three times the supposed they are carrying fetuses with anomalies in- the partial-birth method will not reduce the national rate. Moreover, doctors say only a compatible with life.’’ number of abortions performed. Instead, it ‘‘minuscule amount’’ are for medical rea- Clinton offered the same massage when he will remove one of the safest options for mid- sons. vetoed the Partial Birth Abortion Ban Act in pregnancy termination. What are we talking about here? We April, and surrounded himself with women ‘‘Look, abortion is abortion. Does it really are talking about abortions per- who had wrenching testimony about why matter if the fetus dies in utero or when half formed—I know this is an uncomfort- of it’s already out?’’ said one of they needed abortions. One was an anti- able topic for many people to listen to, abortion marcher whose health was com- the***method at Metropolitan Medical in promised by her 7-month-old fetus neuro- Englewood.*** what’s safest for the and I am sure some people are tuning muscular disorder. woman,’’ and this procedure, he said, is out and turning off. But this is going The woman, Coreen Costello, wanted des- safest for abortion patients 20 weeks preg- on in this country. We have an obliga- perately to give birth naturally, even know- nant or more. There is less risk of uterine tion to face up to who we are and what ing her child would not survive. But because perforation from sharp broken bones and de- we are doing here, and not turn our the fetus was paralyzed, her doctors told her structive instruments, one reasons the backs because it is just not proper din- a live vaginal delivery was impossible. American College of Obstetricians and Gyne- ner conversation. Costello had two options, they said: abortion cologists has opposed the ban. We are performing abortions in this or a type of Caesarean section that might Pro-choice activists have emphasized that ruin her chances of ever having another nine of 10 abortions in the United States country on babies, fully formed babies child. She chose an intact D&E. occur in the first trimester, and that these in their third trimester, and viable ba- But most intact D&E cases are not like have nothing to do with the procedure abor- bies who are in the late second. I am Coreen Costello’s. Although many third-tri- tion foes have drawn so much attention to. talking about 22, 23, 24 weeks, the sec- mester abortions are for heart-wrenching That’s true, physicians say, but it ducks the ond trimester. medical reasons, most intact D&E patients broader issue. As I said on Friday, my wife is a neo- have their abortions in the middle of the sec- By highlighting the tragic Coreen natal intensive care nurse. She took ond trimester. And unlike Coreen Costello, Costellos, they say, pro-choice forces have care of 22-week-olds and 21-week-olds they have no medical reason for termination. obscured the fact that criminalizing intact and 24-week-olds in Pittsburgh at ‘‘We have an occasional amnio-abnor- D&E would jettison the safest abortion not mality, but it’s a minuscule amount,’’ said only for women like Costello, but for the far Magee Woman’s Hospital. She has told one of the doctors at Metropolitan Medical, more common patient: a woman 41⁄2 to 6 me story after story of how many of an assessment confirmed by another doctor months pregnant with a less compelling rea- them have survived and how the per- there: ‘‘Most are Medicaid patients black and son—but still a legal right—to abort. centages are increasing.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11141 We are talking about delivering these I asked the question to a person the evidence here that these are not medi- babies, for no medical reason, feet first other day on the Fox Morning News cally necessary abortions. They are not through the birth canal, and then kill, when I was on last week—I will ask it to save the life of the mother. In fact, by taking a pair of metzenbaum scis- to the Senator from California, if she we have a provision in our bill, as the sors and shoving them into the base of would answer—and that is, if we had a Senator knows, to make an exception the skull, inserting the catheter into 24-week baby or 25-week or 26-week for the life of the mother. They are not the brain and sucking the brains out to baby delivered, normal baby, healthy medically necessary. It is for the kill the baby, and then deliver the fetus, that someone just decided, as health of the mother. You have physi- head. And 1,500 times, according to this these articles indicate, they wanted to cian after physician after physician article, it happens in New Jersey alone have a late-term abortion because they saying so. So talk about the facts. every year. The facts, as presented by just did not get around to it sooner, or I ask this question—and I know the those who argued against the bill, the they had a change of heart, if that Senator would like to give a long an- facts they quoted from reputable baby were pulled through the birth swer and give a speech—but see if you sources, were only a few hundred in the canal, feet first, and delivered, every- can answer the question very suc- country done every year. thing except for the head, and by some cinctly. The article goes on: mistake of the doctor, the baby’s head The PRESIDING OFFICER (Mr. But those estimates are belied by reports also was delivered, instead of the doc- GRAMS). The time of the Senator has from abortion providers who use the method. tor, as has been testified before having expired. Doctors at Metropolitan Medical Center in to hold the baby’s head in so he can Mr. SANTORUM. I ask unanimous Englewood estimate that their clinic alone puncture the skull and suction the consent for 1 minute. performs 3,000 abortions a year on fetuses be- brains, if the doctor let the baby’s head The PRESIDING OFFICER. Without tween 20 and 24 weeks, of which at least half slip out, I ask the Senator from Cali- objection, it is so ordered. are by partial-birth abortions. fornia, if that baby’s head slipped out Mr. SANTORUM. If a partial-birth ‘‘I always try an intact D&E (which is the abortion was being performed on this medical term for partial-birth abortion) and that baby was born, would the doc- tor and the mother have a right to baby, and for some reason the head first,’’ said a Metropolitan Medical gyne- slipped out and the baby was delivered, cologist, who, like every other provider choose whether that baby should live? interviewed for this article, spoke on condi- Would the doctor be able to kill the which, in my understanding, is not un- tion of anonymity. baby at that point? precedented, would the doctor, in con- Another metropolitan area doctor who I am happy to yield time to the Sen- sultation with the mother, be able to works outside New Jersey said he does about ator from California if the Senator choose to kill the baby? 260 post 20-week abortions a year, of which would like to answer that question. Mrs. BOXER. I say to my friend that half are partial-birth abortions. Would the doctor be permitted at that I am going to take 5 minutes to answer The PRESIDING OFFICER. The Sen- point to kill the baby? his question because it is a very serious ator’s 10 minutes has expired. Mrs. BOXER. Well, the Senator clear- question and I intend to answer it in Mr. SANTORUM. Mr. President, I ly does not understand the Supreme my time, so he can finish up in his ask unanimous consent for 5 additional Court decision of Roe versus Wade, time. minutes. which I strongly support, and I daresay Mr. SANTORUM. Mr. President, after The PRESIDING OFFICER. Without the majority of Senators and the ma- the Senator from California speaks, I objection, it is so ordered. jority of the American people support. will talk about the medical necessity Mr. SANTORUM. Thank you, Mr. That is, a woman has the right to for this procedure, and I will cite a President. choose in the first trimester, and after group of physicians and other people, The doctor, who is also a professor at two that the State comes in with strong other physicians, who have written ex- prestigious teaching hospitals, said he has and strict controls. A woman does not tensively on the fact that this proce- been teaching intact D&E partial-birth abor- dure is never medically indicated. In tions since 1981, and he said he knows of two have an unfettered right to choose after the first trimester. The Senator fact, it is contraindicated. In fact, it is former students on Long Island and two in more dangerous to the mother to have New York City who use the procedure. should know that and should read that one than to do other procedures that In fact, he says, ‘‘I do an intact D&E case. She does not, except if her life is threatened. are not under the debate here in the whenever I can * * *’’ Senate. This is not a rare procedure. This is I would assume, frankly, since the Republican platform does not even I will get to that as soon as the Sen- a procedure that is done all too fre- ator answers my question. quently in this country. Those were have a like exception—— Mr. SANTORUM. I reclaim my time. Mr. DORGAN. Mr. President, I do not not presented to this Senate when it I would like an answer. If I can, let me want to interrupt the debate, and I deliberated on this bill the first time. restate the question again, based on have a different subject I want to com- Those facts were somehow not re- the information that has been read ment on. searched well by the prochoice groups, here and the facts that have been pro- I ask unanimous consent that if the like the Guttmacher Institute that vided. Senator from California is going to provided us the statistics we were You have the former Surgeon Gen- speak for 5 minutes, that I be allowed using in the first place, because there eral of the United States who says this by unanimous consent to follow the is no, as Mr. Cohen said, national procedure is never medically nec- Senator from California for 10 minutes. record keeping of this. There is no essary. You have an article that I will The PRESIDING OFFICER. Without agency in Government that keeps be reading from later, from a series, a objection, it is so ordered. track of this. We only have to go by group of gynecologists and obstetri- Mrs. BOXER. I thank my friend from the people who provide the abortions to cians that say partial-birth abortion is North Dakota because I know he has tell us what they do. And of course—I bad medicine. been patiently waiting to talk about shouldn’t say ‘‘of course’’—but what You have some organizations who another topic. I was not going to come has happened, in fact, is that they pro- support—I think the American College back to the floor, but I understand that vided us a number that is not anywhere of Gynecologists opposes the legisla- the Senator from Pennsylvania, in close to the numbers that really go on tion, but not because they support par- what I consider to be a very unfair in this country. tial-birth abortions. They do not recog- way, described my position on a wom- I would suggest that if they were so nize that as proper medical procedure. an’s right to choose. Now, I would cavalier with their numbers as to how They do not like any criminalization of never, never do that for another Sen- many, how cavalier are they with other anything. They do not like to have doc- ator because this is a crucial issue. facts associated with this issue? The tors be subject to any kind of criminal As a mother, as a grandmother, fact of the matter is, this is not a pro- complaints. That is why they are op- whose grandson is the most precious life/prochoice issue. This is an issue posed to it. That is what they said in thing in my life, I do not want to hear about how far we will go as a country, their letter to Congress. that there is another Senator on the how far we have gone in blurring the We should focus on the question. The floor talking about how I regard preg- lines. fact of the matter is, we have sufficient nancy, motherhood, or childbearing. I

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11142 CONGRESSIONAL RECORD — SENATE September 24, 1996 would rather have the chance, if some- I say to my colleagues, if they look cities downstream, would you please one is going to attack me on an issue, in their heart and it happened to their play host to a large flood that comes that that person be courageous enough wife, and the doctor said, ‘‘She will die and stays forever? The people of North to do it when I am on the floor of the if I do not use this procedure,’’ not be- Dakota said, why would we want to U.S. Senate. So I have come back to cause she has diabetes or a preexisting play host to a large flood that comes to the floor to speak. condition but because the problem with stay, a one-half-million-acre flood for- What I want to say is that the vast the fetus is so great, if she does not ever? The Federal Government says, if majority of Americans believe this en- have this procedure she could bleed to you will do that, we will make certain tire subject should be left to the pri- death, I say to my colleagues, if they promises to you. We will promise that vacy of families, to the religious con- look in their heart, and the doctor that dam will be able to generate cheap victions of our people, and that U.S. looked at them and said, ‘‘You could hydroelectric power, and that will ben- Senators do not belong in the hospital lose your wife unless I use this proce- efit the residents of the region. And, room, they do not belong in the con- dure,’’ they look in their heart and No. 2, more importantly, we will allow sulting room, and if the woman is told they are honest; or, if the doctor said, you to take the water from behind that by a doctor, ‘‘You might die unless I ‘‘You will never have another baby un- dam and move it all around your State use a certain procedure, you might die, less I use this procedure,’’ or she will for economic and municipal and rural and the children you have now will not be paralyzed from the waist down and water systems. That will help you de- have a mother,’’ and if that doctor be- in a wheelchair for the rest of her life. velop economically, and it will provide lieves this procedure is the only one to I honestly believe—I do believe—my new jobs and new opportunities for save the life of that woman or to spare colleagues, that if you take away the your State. her a life of infertility or paralysis, I 30-second commercials that Americans So the people of North Dakota 50 believe families should have the right are going to see in this campaign, you years ago said, ‘‘Well, that sounds like to make that choice. would say to the doctors, ‘‘Save my If the Senator from Pennsylvania a reasonable proposition.’’ And the life.’’ And that is all we are asking. All was faced with that choice, if his dam was built and dedicated, as I said, we are asking is only use this proce- daughter was in that situation, I really by President Eisenhower in the 1950’s. dure if the woman’s life is at stake or do believe in his heart of hearts if this The Garrison diversion project was au- she would suffer serious adverse health was not a hot political issue, that he thorized in 1965 by the Congress. Work risks if the procedure was not used. I would want the ability, with his God, began on it, and in the 1970’s it became think that is a moderate position. Roe with his family, to make this decision. very controversial. In fact, some por- Now, my colleague talks about doc- versus Wade does not allow abortions tions of this project, some features to tors who say this procedure is not nec- at the end term. The State has a right move water around our State, became essary. Some believe it is not. They do to regulate it. I hope Senators will not so controversial that some of the major not have to use this procedure. misstate other Senators’ positions. It environmental organizations in the The American College of Obstetri- is too important of a debate. country decided to try to kill the cians and Gynecologists, who do this Thank you very much, Mr. President. project altogether. Remember, this is work every day, opposes this legisla- I yield my time. part of a promise that was made to tion that does not have an exception Mr. DORGAN addressed the Chair. North Dakota that relates very much for the life and health of the mother. The PRESIDING OFFICER. The Sen- to its economic opportunity and its The American Medical Women’s Asso- ator from North Dakota. economic future. ciation opposes this legislation that f Recognizing that it was very trouble- does not have a true life exception or a WATER ISSUES some to have the opposition of some of health exception. The California Med- these major organizations, I worked to ical Association strongly opposes this Mr. DORGAN. Mr. President, I wish to address a different subject. It has to reformulate this project. In 1986 the extreme legislation. Congress passed a reformulation act Now, I just want to put on the record do with water issues, a subject that will cause some eyes to glaze over per- called the Garrison Diversion Reformu- when we are talking about emergency lation Act. This year, 10 years later, we procedures and abortions that take haps in some quarters, but an impor- tant subject to my State. appropriated $23 million for this place in late term, this is not about a project. That brings it to nearly $350 woman’s right to choose. This is about You know that I come from a small State. I come from the State of North million during the past 10 years since an emergency health situation. My col- it was reformulated. Now it appears leagues come here and quote col- Dakota, which is large in expanse, 10 times the size of Massachusetts, but that we will once again be required in umnists, and on and on. I wish they the next Congress to make a final revi- would look in the eyes of the women in with 640,000 people. So it is a sparsely populated State. sion in this project in order to see its this country who have had this proce- completion for our State. dure who know because of this proce- A lot of people do not know that we have a flood in North Dakota that A substantial amount has been done dure they were able to bear children. in North Dakota with this project; $200 I say to my colleagues, I know this is came and stayed—a permanent flood million, in what is called an MR&I a hard vote, but when the American the size of the State of Rhode Island. It fund, has been available to North Da- people understand that the legislation was not an accidental flood. It was a kota to move water around the State before the Senate has no life exemp- flood that came and stayed in my State with a southwest pipeline in south- tion, it only says if a woman has a pre- because 50 years ago there were some western North Dakota. It has improved existing condition her doctor may use who felt that we should harness the water quality in many communities in that procedure, and then he will have Missouri and Mississippi Rivers and, as North Dakota. to defend himself in a courtroom if he part of the flood control provisions does, but it does not have the Hyde lan- called the Pick-Sloan Act, to harness So we have derived substantial ben- guage—life-of-the-mother, straight- the Missouri River so that it didn’t efit from it. But we have not been able forward—that we have seen in other flood the cities downstream. So that to move Missouri water to the eastern pieces of legislation. That Hyde excep- they could have reliable navigation part of North Dakota into the Red tion is not in this bill. That is why downstream, they decided, ‘‘Let us River to help the cities of Fargo and some of my colleagues are going to build some dams on the Missouri Grand Forks, among others. That has stand against this bill. River.’’ One of those dams was built in not been completed, and all of us are Now, the Boxer amendment we put North Dakota. President Eisenhower anxious to get that done. forward said very simply that this pro- came out to dedicate the dam. It is I hope in the next Congress to pro- cedure can only be used if it can spare called the Garrison Dam. pose, along with my colleagues, a final a woman’s life or if she could suffer What the Federal Government said revision of the Garrison diversion long-term, serious, adverse health im- then to the State of North Dakota is, project that will achieve two goals: pacts. Now, does that not sound reason- in order for us to control flooding First, with the realistic constraints able? Does that not sound fair? downstream and to protect the larger that we have on financing here in the

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11143 Congress and the environmental re- The Garrison Conservancy District is ly or without problems. We have met straints that exist on new environ- now proposing that it be replaced with the challenges in the past, will in the mental standards, I think we can re- a pipeline proposal. There are other future, and hope to provide proposed duce the authorized cost of this project ideas as well. The pipeline proposal I revisions that will allow us to finally for the American taxpayers and we can think has some merit, and I think it is complete this project. substitute a substantial State water an approach that might well be work- North Dakotans’ elected leaders—Re- development fund for the irrigation able. But it seems to me in reinves- publicans and Democrats —every major projects that are currently authorized. tigating this project we will have to elected leader in our State for three That would give the State much more find a feature that replaces the decades has spoken with one bipartisan flexibility in meeting its water needs, Sykeston Canal. voice on this issue. For a State the size which might include irrigation but The Sykeston Canal was put in in the of North Dakota, that is crucial. We would include many other things as first place in 1986 because the Lonetree must plan together, work together, and well. Reservoir, the original feature which pull together if we are to finish this Second, in a project revision we can was so enormously controversial na- project for the future of North Dakota. make appropriate changes to the fea- tionally, in 1996 when the Sykeston I hope that will be the case. I hope we tures of the project in order to finally Canal was proposed, it was judged at will make some final revisions and move the Missouri River water from that point that it may or may not be take meaningful strides to completion the western part of our State to the practical, and if it was not, we would of a dream in our State in the next eastern part of our State for municipal, have to revisit the issue. It seems to Congress. rural, and industrial purposes. me that we will have to revisit that I would like to reiterate that for I expect that the proposal to revise a issue next year. some 50 years, North Dakota has water program in North Dakota would Some would say that North Dakota sought to realize the benefits of feder- be referred to the Senate Energy Com- has not gotten what it should get from ally assisted water development since mittee, on which I sit, and it is my this project. Some are very impatient. Congress proposed the Garrison diver- hope that the Congress will agree to I recognize that. But about $350 million sion project as the backbone of State make some practical revisions in this has been made available in expendi- water development. Federal law pro- project; first, to save money, but, sec- tures in pursuit of completing this vided that this comprehensive water ond and more importantly, to finally water project, including the $200 mil- plan was to accompany the construc- complete this comprehensive project lion for the MR&I fund. We have made tion by the Corps of Engineers of the for North Dakota. substantial progress in a wide range of Garrison Dam, which provided substan- I expect that we will probably hold areas. But now we want to finish this tial flood control and navigation bene- some hearings in North Dakota late in project and do it in a reasonable time. fits for downstream States. this year in order to take testimony We think that this is an achievable Last week the Congress approved $23 from North Dakotans, myself, and my goal. It is not easy to find consensus on million to continue work on the Garri- colleagues from North Dakota, to talk all of these issues, but this project is son diversion project in North Dakota. about the revisions that are necessary much more important than some would Nearly $350 million has been appro- in order to develop a statewide con- realize. priated for Garrison diversion since the sensus. That would include working North Dakota is a semiarid State Congress enacted my legislation in 1986 with the Governor, the State legisla- with 15 to 17 inches of rainfall a year. making revisions in the project. ture, Indian tribes, local communities, The ability to use the water in this res- The Garrison project is not com- the Garrison Conservancy District, ervoir for agricultural and rural mu- pleted but it has generated hundreds of North Dakota Water Coalition, envi- nicipal purposes is critical to the fu- jobs and has brought quality drinking ronmental groups, water users, and vir- ture of our State. Our State struggles water and irrigation systems to three tually all interested North Dakotans in to keep people. We have 640,000. We Indian reservations and rural and mu- order to reach some kind of consensus used to have 680,000 not too many years nicipal water systems to dozens of on this project. ago. And to keep people in North Da- communities all across North Dakota. This is not a project in which the kota—a wonderful State with a low It now appears that further revisions State of North Dakota went to the crime rate, with a wonderful education will have to be made in the authoriza- Federal Government and said, ‘‘By the system and a lot of other advantages— tion of this project in order to see it to way, would you give us something? we must provide jobs and must provide completion. Could we implore you to provide for us opportunity. That is what this project During the next Congress, I hope to a water project?’’ It didn’t happen that is about. propose, along with my colleagues, a way at all. The Federal Government Some needs remain unchanged. There final revision of the Garrison project came to our State and said, ‘‘We would is a continuing requirement to perma- that will achieve two goals. In tune like you to play host to a permanent nently solve the water problems of the with current fiscal constraints and en- flood, and, if you do, we will provide Devil’s Lake basin in my State where vironmental standards, we can reduce you this benefit.’’ This benefit called there is substantial flooding at the mo- the authorized cost of the project and the Garrison conservancy project—or ment. That lake, the Devil’s Lake area, we can substitute a State water devel- the Garrison diversion project, rather— suffers from intermittent cycles of ru- opment fund for the irrigation projects included, first, an authorized 1 million inous draught and chronic flooding, to give the State more flexibility in acres of irrigation. Then it was and that warrants the construction of meeting its water needs. Second, in a downsized to 250,000 acres; then inlets and outlets as a part of a com- project revision we can make appro- downsized again to 130,000 acres. It had prehensive water plan. We hope that priate changes to the features in order a series of canals and features by which will be excluded in the Garrison Diver- to finally move Missouri River water water could be pumped and moved from sion Project. throughout the State for municipal, the western part of North Dakota to Finally, a final revision would have rural, and industrial purposes. the eastern part of North Dakota. to meet the needs of native Americans I would expect that legislation to re- The feature that was included in the who suffered the most in the inunda- vise the project would be referred to 1986 Reformulation Act that now ap- tion of their lands in North Dakota for the Senate Energy Committee, on pears not to be able to be built with re- this project. which I sit. It would be my hope that spect engineering standards and other In the final analysis, this issue is the Congress would agree to make standards that would be practical is about opportunity and jobs in our some practical revisions in the project something called the Sykeston Canal. State. It is about good faith on the to save money and to finally complete That is a key feature that involves the part of the Federal Government to ful- a comprehensive project for North Da- moving of water through the features fill its obligations to North Dakota. All kota. in this project from the western part of of us are impatient that we get this I expect the North Dakota congres- the State to the eastern part of the completed. But the reality is projects sional delegation will hold some hear- State. of this size are never completed quick- ings in North Dakota toward the end of

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11144 CONGRESSIONAL RECORD — SENATE September 24, 1996 this year to take testimony from North mental organizations attempted to kill ing, which warrants the construction Dakotans about the revisions nec- the project. The result was that of an inlet/outlet system as part of a essary in order to meet the State’s cur- progress on the project was slowed. comprehensive water management plan rent water needs and to finally finish In 1986 the Congress enacted my leg- for the basin. Presently, Devils Lake is work on the project. We will work with islation reformulating the Garrison di- threatened by a 120-year flood, which the governor, the State legislature, In- version project and resolving the con- may require the construction of an dian tribes, local communities, the troversies. The irrigation features were emergency outlet for which plans have Garrison Conservancy District, the reduced in scope to 130,000 acres and a already been developed. North Dakota Water Coalition, envi- municipal and industrial water fund of Likewise, a final Garrison plan must ronmental groups, water users and all $200 million was created and given pri- meet the water development needs of interested North Dakotans in order to ority in appropriations. native Americans and citizens of the reach a statewide consensus on this A new feature called the Sykeston Red River Valley. Native Americans issue. Canal was created to be a replacement suffered the most from the inundation Mr. President, I’d like to offer my for the Lonetree Reservoir, which had of lands in North Dakota and their re- colleagues some history on how the become a lightening rod for opposition quirements for MR&I and irrigation Garrison diversion project got started to the project. At the time, the engi- must be addressed by the Congress. The and why a final revision is necessary in neering and cost evaluation of the cities of Fargo and Grand Forks and order to complete the project. Sykeston Canal was suspect and we communities up and down the Red In the 1940’s the Federal Government agreed then that if the Sykeston Canal River Valley likewise look to Garrison wanted to harness the Missouri River proved to be unworkable we would have diversion as the only realistic resource to prevent massive downstream flood- to revisit that issue. for problems of water quality and ing in States along the Lower Missouri The Garrison Diversion Unit Refor- quantity. and Mississippi Rivers. Annual flood mulation Act also provided for a water The final form of Garrison diversion damage to downstream cities on the treatment facility to treat Missouri will also continue the State’s commit- Missouri River was very costly. Also, River water that would reach the Hud- ment to protect and enhance wildlife the lack of stable water levels pre- son Bay drainage after it flowed and habitat. It has established a prece- vented reliable commercial navigation through for use by cities such as Fargo dent-setting wildlife trust fund. Rec- on the Missouri River. and Grand Forks along the Red River. reational development provided under So the Federal Government proposed The act also established requirements Garrison diversion will also contribute a series of six dams, one of which was for wildlife mitigation, and for recre- to fish and wildlife management. to be located in North Dakota. The ation development in North Dakota. In the final analysis, this issue is Garrison Dam would wall up water in a In the intervening years since the about a future of jobs and opportunity reservoir that would be one-half mil- 1986 Reformulation Act, Congress has in North Dakota’s future. And it is lion acres in size. In short, the Federal provided nearly $350 million in expendi- about good faith—on the part of the Government asked North Dakota to tures, most of which was used for the Federal Government to fulfill its play host to a permanent flood as big $200 million MR&I Fund. North Dakota pledge to the people of North Dakota as the entire State of Rhode Island. has made enormous progress in build- for water development. The Federal Government said if you ing a southwest water pipeline and All of us are impatient to get this North Dakotans will do that, we will many other expenditures that have im- project completed. But the reality is provide you with some significant ben- proved water delivery for cities and projects of this size are not completed efits. The dam itself will generate low towns with undrinkable or inadequate quickly just because they are so mas- cost hydro-electric power and you will water in our State. sive in scope. Controversies must be re- have access to some of this inexpensive However, we are impatient in want- solved. electricity for rural development. And ing to finally finish the features of the Since the project was authorized in more importantly, the Federal Govern- project and move Missouri water to the mid-1960’s, North Dakota’s elected ment will provide a Garrison diversion eastern North Dakota so that our east- leaders have spoken with one bipar- project which will allow you to move ern cities have an assured supply of tisan voice in support of this project reservoir water around your State for municipal and industrial water. and I hope that will continue to be the massive irrigation—over 1 million It is now clear that the Sykeston case. It takes all of the collective en- acres—and for municipal, rural, and in- Canal is not a workable feature, from ergy that we can muster in a State of dustrial uses. both an engineering and a cost stand- our size to get this project completed. The Army Corps of Engineers com- point so we must develop a new con- We must plan together, work together pleted work on the dam in the mid- necting link can be completed in a way and pull together to finish the work on 1950’s. The permanent flood arrived in that achieves our goal. this project. North Dakota and the downstream Therefore, it is necessary to make Mr. COVERDELL. Mr. President, are States received the bulk of the imme- one last revision to this project. This we functioning as in morning business, diate benefits. The Missouri River no final revision should include a sub- each Senator allotted time? longer raged with uncontrolled flood- stitute for the Sykeston Canal, as well The PRESIDING OFFICER. The Sen- ing in the spring. Downstream naviga- as converting the bulk of the author- ator from Georgia is correct. We are tion and barge traffic was reliable once ized irrigation acreage to a more flexi- operating in morning business. Each again. ble state water development fund that Senator is allotted up to 5 minutes. For North Dakota, the Congress au- can be used for a wide range of North f thorized in 1965 a Garrison diversion Dakota needs. project with water systems and an irri- The Garrison Conservancy District VALUJET gation plan—downsized to 250,000 has proposed a pipeline approach as a Mr. COVERDELL. Mr. President, I acres—as a payment for our permanent replacement for the Sykeston Canal. I rise today on a matter of vital concern flood. The features of that project in- believe that has substantial promise. to the economic well-being of thou- cluded a series of canals and pumping Most of the work has been completed sands of Georgia families. I think we stations that would move water from on the key features of this project and all remember the tragedy of the event the Missouri River in the western part we are close to being able to realize the in May, May 11, when ValuJet 592 of North Dakota to the eastern part of dream of a water diversion project that plunged into the Florida Everglades. our State, all the way to the Red River will help all of our State. And, forever, as with any incident like and would allow for substantial Naturally, some needs remain un- this, we all are grieving over the fami- amounts of irrigation with the diverted changed. There is a continuing require- lies that were affected. water along the way. ment to permanently solve the water However, following this investiga- Some features of the Garrison diver- problems of the Devils Lake Basin. The tion, ValuJet airlines was grounded sion project became very controversial lake suffers from an intermittent cycle and went through the most thorough, in the 1970’s and national environ- of ruinous drought and chronic flood- grinding analysis of every aspect of

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11145 their procedures possible. Because, ob- stunned by it. I do not know why. It to defend this procedure being used on viously, safety is first and foremost, happens every day in this town, the in- a 24-week-old or 30-week-old baby. the center of any question as to wheth- sensitivity, the 9 to 5 attitude. So what The Senator from California talked er the airlines could return to the air. if 4,000 people are not getting a pay- about this procedure as medically nec- I do not think it is generally known check? So what if every day that goes essary to stop—to prohibit infertility that on August 29, at 3:45 p.m., after by actually threatens one of the major or if it is more dangerous because it having gone through this arduous pro- criteria, economic solvency? Obvi- could cause paralysis, and all of these cedure, the Federal Aviation Adminis- ously, they do not become more sol- medical-health reasons why this proce- tration returned ValuJet airline’s car- vent by sitting nailed to a tarmac. So dure should be performed. Let me read rier operating certificate. In their own what if we are about to fire 400 more to you some information from a group press release it says, ‘‘This action will people, even though FAA has said it is of physicians. They call themselves permit ValuJet to resume operations ready to go and DOT has said for all FACT, Physicians Ad Hoc Coalition for at a future date if the airline is found practical purposes it is ready to go? Truth. to be managerially and financially fit Mr. President, these folks need to get The first quote is from a doctor, by the Department of Transportation.’’ their bureaucratic mishmash settled, Nancy Romer, chairman of obstetrics The point I want to make here is and they need to get this airline back and gynecology at Miami Valley Hos- that 4,000 employees have been unable in the air, and they need to get these pital, in Ohio. People deserve to know, to draw a paycheck; 4,000 homes, not to families economically solvent and able ‘‘partial-birth abortion is never medi- mention the hundreds of business asso- to pay their mortgages and pay for cally indicated to protect a woman’s ciated with the peripheral support of their kids’ education, and get their health or her fertility.’’ the airline, they have not been able to families back together. ‘‘Never medically indicated.’’ The draw a paycheck. The FAA settled the Mr. President, I can see the con- Senator from California talked about preeminent question, is the airline sternation on your face, which means how the American College of Obstetri- safe? And they returned the certificate. my 5 minutes has expired. I appreciate cians and Gynecologists support this The Department of Transportation, the Chair’s patience, and I yield the procedure. You hear this often, how which I had not realized, also must floor. ACOG, which is how they go, American verify or issue a certificate to allow Mr. SANTORUM addressed the Chair. College of Obstetricians and Gyne- the airline to return to operations. It is The PRESIDING OFFICER. The Sen- cologists, have come out in opposition now September 24, nearly a full ator from Pennsylvania. to the bill and support partial-birth month—and this is just the story of Mr. SANTORUM. Mr. President, abortions. That is only half true. Washington over and over and over. while my colleague from California was They have opposed this bill. I will The Department of Transportation on the floor I didn’t get a chance to read to you the letter. I have a copy of said, on August 29, that the back- hear her, and much of what she said the letter sent to the Speaker of the ground and experience of ValuJet’s was in response to my question—and I House dated last week: management team fully qualifies them use that term loosely because, in what DEAR MR. SPEAKER: The American College to oversee the carrier’s operation. The I heard, she did not respond to the of Obstetricians and Gynecologists, an orga- Department of Transportation review question. My question is a very simple nization representing more than 37,000 physi- of ValuJet, its forecast of current fi- question. The question, obviously, cians dedicated to improving women’s health nancial condition, finds that, ‘‘the needs to be asked and, hopefully, at care, does not support H.R. 1833, the Partial- some point someone will answer me. Birth Abortion Ban Act of 1995. The College company continues to have available finds very disturbing that Congress would to it funds sufficient to allow it to re- That is, what will be the position of in- take any action that would supersede the commence operations at its planned, nocence if, in the performance of this medical judgment of trained physicians and scaled-back level without undue eco- procedure where the baby is delivered criminalize medical procedures that may be nomic risk to consumers. ValuJet has feet first, this birth canal, the entire necessary to save the life of a woman. More- taken a number of steps to strengthen baby’s arms and legs, torso, are outside over, in defining what medical procedures management procedures and has dem- of the mother’s womb completely, arms doctors may not perform, H.R. 1833 employs onstrated a disposition to comply with and legs moving outside the mother, terminology that is not even recognized in all that is left in is the head, that is, the medical community—demonstrating why all applicable laws and regulations.’’ Congressional opinion should never be sub- August 29: FAA returns the certifi- when this procedure is performed and stituted for professional medical judgment. cate. It is safe. August 29: The Depart- the baby is then killed, what if—which For these reasons we urge to you oppose the ment of Transportation issues its find- is not unknown from what I under- veto override.... ings that in the three major criteria it stand—if, for some reason, when the They do not support this procedure. is to review it appears the airline is shoulders were delivered the head were What is very clear in this letter, to me, ready to fly. Today is September 24, accidentally delivered, will the mother and I think to everyone who reads it, is and there is not one engine turning and and the physician then have a right to they do not like having procedures there is not one paycheck being issued choose whether that baby lives or not? criminalized. They do not want any to one of those 4,000 families. In fact, Or, would they be responsible—would doctor procedure criminalized. They we are being threatened with firing the the physician have to do something to want the doctor, basically, to have the remaining 400 employees. This is not keep the baby alive, since it is now say what kind of procedures they per- right. This is not right. This is what completely outside the mother? form, if any. everybody out there becomes so in- I understand the Senator from Cali- I would ask the American College of censed about in the Washington appa- fornia went in, started talking about Obstetricians and Gynecologists—and ratus. This airline is now ready to fly. when the procedure should be used, and they will give me an answer. I guar- Those workers need to be put back to certain facilities, and all the things antee you, in fact we will write them a work. The economic health that this that could happen as a result of not letter today and fax it over: If this pro- airline represents needs to be returned using this procedure, talked about Roe cedure was done and the baby’s head to the air. versus Wade, but did not answer the slipped out, would the obstetrician be They have met the criteria that their question as to whether it was still the allowed to kill the baby? Government demanded for safety and woman’s right to choose at that point. If they would be so kind as to re- they have met the other basic criteria. Since she wanted to have the abortion, spond to that I will send the letter, if We are now mired in bureaucracy. whether it would still be the woman’s necessary. But I would suspect the an- There was a period of time when this right to terminate that pregnancy? She swer would be pretty clear: No. No. press release was issued, 7 days, during defends the procedure, but she does not I do not know if we will get that an- which anybody who had anything to answer the question, and I will ask swer from anybody on the other side. say could say it. The airline had 4 days that question again, as I will be on the The PRESIDING OFFICER. The time to comment on it. That has happened. floor for some time. I will ask that of the Senator from Pennsylvania has It is long since passed. We still do not question again of the Senator from expired. have the authorization to fly. I am just California or anybody else who wants Mr. DEWINE addressed the Chair.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11146 CONGRESSIONAL RECORD — SENATE September 24, 1996 The PRESIDING OFFICER. The Sen- done. That is what they did. That is Mr. President, I will be commenting ator from Ohio. what she saw. That is what she de- further about this issue later on in the Mr. DEWINE. I thank the Chair. scribed. No dispute about it. Dr. Has- debate. Mr. President, let me return to the kell himself in the printed literature, Let me conclude by saying what we issue of partial-birth abortion. I would articles he has written, describes, basi- are really about today, tomorrow and like to respond to a comment that was cally, the same procedure. That is Thursday when we vote on this matter made about an hour ago, I guess, by my Brenda Shafer. when we determine whether or not colleague from California, Senator The next woman I would like to ref- there are enough votes in this Senate BOXER. She is certainly very eloquent. erence and call the Senate’s attention to do what the House did, and that is She and I have debated this issue be- to and the testimony she gave to our override the President’s veto, a veto fore, and I suspect we will be debating committee is Dr. Pamela Smith. Dr. that I believe was very misguided. The it again. Pamela Smith is the director of med- issue really is about what kind of a She made a statement to the effect ical education, department of obstet- people we are and what we will tol- that we have heard from the men, we rics and gynecology, Mt. Sinai Medical erate, what we will turn our back to, have heard men come down to the Center, Chicago, IL. what we will turn our head on and floor, we have heard from the men, now In her testimony, she systematically what we will say is OK: ‘‘I wouldn’t do let’s hear from the women. Mr. Presi- described how this procedure is really it, I don’t like it, but I’m not going to dent, there are many women in this not indicated, that it is not a medical do anything about it.’’ country adamantly opposed to partial- procedure that is required. It does not I think we really define who we are birth abortions. I have received in my really have to take place. as a people, what kind of a people we office over 90,000 postcards and letters Let me read a portion of the testi- are in this debate, because, Mr. Presi- from people in Ohio. That does not in- mony that she gave. dent, if this procedure can be accepted, clude the thousands of calls that we I ask unanimous consent, Mr. Presi- can be allowed in this country, I think have received. By looking at some of dent, for 5 additional minutes. virtually anything can be allowed. these postcards, it is clear that a large The PRESIDING OFFICER. Without My colleague from Pennsylvania, number of these individuals are women objection, it is so ordered. who has been very eloquent in this who are writing about this issue. Mr. DEWINE. Mr. President, here is matter, and other colleagues have re- But let’s talk about three specific what she says about the necessity of ferred to the fact that this child—there people, three women, three women who this procedure: is nothing else to call it, a child—is are professionals, who are experts, who I went around and described the procedure within seconds of being born, is within have, I think, something really to say of partial-birth abortion to a number of phy- inches of being born. It is almost all about this issue. sicians and lay persons who I knew to be pro- the way out when that child is killed in Let me first start with Brenda choice. They were horrified to learn that such a procedure was even legal. the manner described by Nurse Shafer, Shafer. Brenda Shafer described herself and that if this procedure—and I think Later on in her testimony she says as pro-choice. She is working as a that almost debases the English lan- the following. Again, this is Dr. Pam- nurse in Dayton, OH. I am going to guage by calling it a ‘‘procedure,’’ it is ela Smith: read very briefly from the testimony such a sterile word—is allowed to con- that she gave to the Judiciary Com- Now, the cruelty to the baby is there for tinue in this country, there is literally mittee on November 17, 1995. She is de- everyone to see, if you will acknowledge it. But I think that it is more difficult for peo- no limit to what we will tolerate, what scribing at this point, Mr. President, in ple to recognize the risk to the mother that we will turn our back on, what we will her testimony how she came to work in is associated with these procedures. I might say: ‘‘We don’t like it, but we will put Dr. Haskell’s office. This is what she also add that these risks have been acknowl- up with it.’’ said: edged not only in standard medical lit- So I think we really do in this debate So, because of strong pro-choice views that erature, but by people who perform abortions define what we are as a people, what we I held at that time, I thought this assign- as well. care about, what is important to us and ment would be no problem for me. But I was Continuing her testimony, she con- what is not important to us. I yield the wrong. I stood at the doctor’s side as he per- cludes as follows: floor, Mr. President. formed the partial-birth abortion procedure, Enactment of this legislation is needed and what I saw is branded on my mind for- Mr. SANTORUM addressed the Chair. both to protect human offspring from being ever. The PRESIDING OFFICER. The Sen- subjected to a brutal procedure and to safe- ator from Pennsylvania. Then she describes what she saw: guard the health of pregnant women in Mr. SANTORUM. Thank you, Mr. The baby’s little fingers were clasping and America. President. I thank my colleague from unclasping, and his little feet were kicking. This is just one of the witnesses that Then the doctor stuck the scissors in the Ohio for his statement and for the tre- we heard who said this procedure is mendous amount of work he has done back of his head and the baby’s arms jerked simply not indicated, it is not some- out, like a startled reaction, like a flinch, on this issue from the committee level like a baby does when he thinks he is going thing that is accepted in the medical through passage in the Senate, and to fall. The doctor opened up the scissors, field. It is not something that medical here he is back again. stuck a high-powered suction tube into the journals recognize. It is not something I can tell you that those of us who opening and sucked the baby’s brains out. that doctors believe is necessary. That have spoken on this issue do not relish Now the baby went completely limp. I was was Dr. Pamela Smith. the opportunity to do so. It is a very really completely unprepared for what I was Let me conclude with a third indi- difficult issue. It is a very tough issue seeing. I almost threw up as I watched Dr. vidual, and that is Dr. Nancy Romer, a Haskell doing these things. to talk about. And Senator DEWINE has medical doctor. She is a clinical pro- eight children. I have three children. Then she goes on: fessor, ob-gyn, Wright State Univer- My wife and I are expecting our fourth I’ve been a nurse for a long time, and I’ve sity, chairman of the department. This in March. We know how very serious seen a lot of death, people maimed in auto is her quote: accidents, gunshot wounds, you name it. I’ve this issue is. And we very much believe This procedure is currently not an accept- seen surgical procedures of every sort. But in that in this case, on this issue, this is ed medical procedure. A search of medical all my professional years, I never witnessed an issue of the life and death of a little literature reveals no mention of this proce- anything like this. baby. And we think it is important for dure, and there is no critically evaluated or Finally, she concluded: peer review journal that describes this proce- us to stand up and say something about I will never be able to forget it. What I saw dure. There is currently also no peer review it. done to that little boy and to those other ba- or accountability of this procedure. It is cur- Mr. President, I ask unanimous con- bies should not be allowed in this country. I rently being performed by a physician with sent that I be given 20 minutes to hope that you will pass the Partial-Birth no obstetric training in an outpatient facil- speak on this issue. Abortion Ban Act. ity behind closed doors and no peer review. The PRESIDING OFFICER. Without Brenda Shafer described herself as Again, only one of several witnesses objection, it is so ordered. pro-choice. She knew she was walking who testified that this is really not an Mr. SANTORUM. Thank you, Mr. into a clinic where abortions were accepted medical procedure at all. President.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11147 Mr. President, what I was talking The lastest baseless statement was made what is fiction’’ on the matter, he said. Such about a few minutes ago, Senator by President Clinton himself when he said a procedure, he added, cannot truthfully be DEWINE highlighted. I just want to re- that if the mothers who opted for partial- called medically necessary for either the inforce some of the evidence that has birth abortions had delivered their children mother or—he scarcely need point out—for naturally, the women’s bodies would have the baby. come forward throughout the process been ‘‘eviscerated’’ or ‘‘ripped to shreds’’ and Considering these medical realities, one of the hearings and the debates in the they ‘‘could never have another baby.’’ can only conclude that the women who House and Senate, but also new infor- That claim is totally and completely false. thought they underwent partial-birth abor- mation that has been made available to Contrary to what abortion activities would tions for ‘‘medical’’ reasons were tragically us. I want to say again to Members who have us believe, partial-birth abortion is misled. And those who purport to speak for are thinking about this issue, who have never medically indicated to protect a wom- women don’t seem to care. possibly opposed this issue in the past, an’s health or her fertility. In fact, the oppo- So whom are you going to believe? The ac- site is true: The procedure can pose a signifi- that there certainly is enough informa- tivist-extremists who refuse to allow a little cant and immediate threat to both the preg- truth to get in the way of their agenda? The tion that has come out since the origi- nant woman’s health and her fertility. It politicians who benefit from the activists’ nal passage of this bill that would give seems to have escaped anyone’s attention political action committees? Or doctors who any Member who truly does deliberate that one of the five women who appeared at have the facts? on this issue the opportunity to take Mr. Clinton’s veto ceremony had five mis- Mr. President, I would like to read another look and to gather all the carriages after her partial-birth abortion. Consider the dangers inherent in partial- from the American Medical News. This facts. was an interview with C. Everett Koop. I am going to read an article written birth abortion, which usually occurs after the fifth month of pregnancy. A woman’s In fact, I read most of it. I ask unani- by four obstetricians, two who the Sen- cervix is forcibly dilated over several days, mous consent that this be printed in ator from Ohio just referred to, Nancy which risks creating an ‘‘incompetent cer- the RECORD. Romer and Pamela Smith, but also vix,’’ the leading cause of premature deliv- There being no objection, the article Curtis Cook and Joseph DeCook. These eries. it is also an invitation to infection, a was ordered to be printed in the are all obstetricians. They are mem- major cause of infertility. The abortionist RECORD, as follows: bers of an organization called PAHCT, then reaches into the womb to pull a child which is, Physicians Ad Hoc Coalition feet first out of the mother (internal podalic [From American Medical News, Aug. 19, 1996] for Truth. My understanding is that version), but leaves the head inside. Under THE VIEW FROM MOUNT KOOP that group is now comprised of over 300 normal circumstances, physicians avoid (By Diane Gianelli and Christina Kent) breech births whenever possible; in this case, such physicians who share the opinion Q: Clinton just vetoed a bill to ban ‘‘partial the doctor intentionally causes one—and birth’’ abortions, a late-term abortion tech- of this text that was printed on Thurs- risks tearing the uterus in the process. He day, September 19, in the Wall Street nique that practitioners refer to as ‘‘intact then forces scissors through the base of the dilation and evacuation’’ or ‘‘dilation and ex- Journal. baby’s skull—which remains lodged just traction.’’ In so doing, he cited several cases The House of Representatives will vote in within the birth canal. This is a partially in which women were told these procedures the next few days on whether to override ‘‘blind’’ procedure, done by feel, risking di- were necessary to preserve their health and President Clinton’s veto of the Partial Birth rect scissor injury to the uterus and lacera- their ability to have future pregnancies. How Abortion Ban Act. The debate on the subject tion of the cervix or lower uterine segment, would you characterize the claims being has been noisy and rancorous. You’ve heard resulting in immediate and massive bleeding made in favor of the medical need for this from the activists. You’ve heard from the and the threat of shock or even death to the procedure? politicians. Now may we speak? mother. A: I believe that Mr. Clinton was misled by And speaking as obstetricians. None of this risk is ever necessary for any his medical advisers on what is fact and We are the physicians who, on a daily reason. We and many other doctors across what is fiction in reference to late-term basis, treat pregnant women and their ba- the U.S. regularly threat women whose un- abortions. Because in no way can I twist my bies. And we can no longer remain silent born children suffer the same conditions as mind to see that the late-term abortion as while abortion activists, the media and even those cited by the women who appeared at described—you know, partial birth, and then the president of the United States continue Mr. Clinton’s veto ceremony. Never is the destruction of the unborn child before the to repeat false medical claims about partial- partial-birth procedure necessary. Not for head is born—is a medical necessity for the birth abortion. The appalling lack of medical hydrocephaly (excessive cerebrospinal fluid mother. It certainly can’t be a necessity for credibility on the side of those defending this in the head), not for polyhydramnios (an ex- the baby. So I am opposed to . . . partial procedure has forced us—for the first time on cess of amniotic fluid collecting in the birth abortions. our professional careers—to leave the side- women) and not for trisomy (genetic abnor- Q: In your practice as a pediatric surgeon, lines in order to provide some sorely needed malities characterized by an extra chro- have you ever treated children with any of facts in a debate that has been dominated by mosome). Sometimes, as in the case of the disabilities cited in this debate? For ex- anecdote, emotion and media stunts. hydrocephaly, it is first necessary to drain ample, have you operated on children born Since the debate on this issue began, those some of the fluid from the baby’s head. And with organs outside of their bodies? whose real agenda is to keep all types of in some cases, when vaginal delivery is not A: Oh, yes indeed. I’ve done that many abortion legal—at any stage of pregnancy, possible, a doctor performs a Caesarean sec- times. The prognosis usually is good. There for any reason—have waged what can only be tion. But in no case is it necessary to par- are two common ways that children are born called an orchestrated misinformation cam- tially deliver an infant through the vagina with organs outside of their body. One is an paign. and then kill the infant. omphalocele, where the organs are out but First the National Abortion Federation How telling it is that although Mr. Clinton still contained in the sac composed of the and other pro-abortion groups claimed the met with women who claimed to have needed tissues of the umbilical cord. I have been re- procedure didn’t exist. When a paper written partial-birth abortions on account of these pairing those since 1946. The other is when by the doctor who invented the procedure conditions, he has flat-out refused to meet the sac has ruptured. That makes it a little was produced, abortion proponents changed with women who delivered babies with these more difficult. I don’t know what the na- their story, claiming the procedure was only same conditions, with no damage whatsoever tional mortality would be, but certainly done when a women’s life was in danger. to their health or future fertility! more than half of those babies survive after Then the same doctor, the nation’s main Former Surgeon General C. Everett Koop surgery. practitioner of the technique, was caught-on was recently asked whether he’d ever oper- Now every once a while, you have other pe- tape-admitting that 80% of his partial-bath ated on children who had any of the disabil- culiar things, such as the chest being wide abortions were ‘‘purely elective.’’ ities described in this debate. Indeed he had. open and the heart being outside the body. Then there was the anesthesia myth. The In fact, one of his patients—‘‘with a huge And I have even replaced hearts back in the American public was told that it wasn’t the omphalocele [a sac containing the baby’s or- body and had children grow to adulthood. abortion that killed the baby, but the anes- gans] much bigger than here head’’—went on Q: And live normal lives? thesia administered to the mother before the to become the head nurse in his intensive A: Serving normal lives. In fact, the first procedure. This claim was immediately and care unit many years later. child I ever did, with a huge omphalocele thoroughly denounced by the American Soci- So he delivered this baby that had much bigger than her head, went on to de- ety of Anesthesiologists, which called the these organs outside the body. Not velop well and become the head nurse in my claim ‘‘entirely inaccurate.’’ Yet Planned intensive care unit many years later. Parenthood and its allies continued to only was that repaired, but that spread the myth, causing needless concern woman went on to become the head Mr. SANTORUM. Thank you, Mr. among our pregnant patients who heard the nurse in his intensive care unit. President. claims and were terrified that epidurals dur- Mr. Koop’s reaction to the president’s I think it is important to realize ing labor, or anesthesia during needed sur- veto? ‘‘I believe that Mr. Clinton was misled again the new information that has geries, would kill their babies. by his medical advisers on what is fact and come out. The information provided by

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11148 CONGRESSIONAL RECORD — SENATE September 24, 1996 these physicians, the information pro- that the situation is much more complex. woman’s reproductive organs. On rare occa- vided by Mr. Cohen. And I have an arti- These doctors say that while a significant sions, ‘‘dismemberment D&E’’ also exposes a cle here by David Brown, published in number of their patients have late abortions woman to fetal substance (primarily brain the Washington Post, on September 17, for medical reasons, many others—perhaps tissue) that can cause dangerous reactions. the majority—do not. Often they are young ‘‘To minimize those problems is why the just last week. This was the article or poor. Some are victims of rape or incest. [intact] procedure was developed,’’ Ruddock that Mr. Cohen referred to in his col- Physicians who perform abortions beyond said. umn where he changed his mind. He the first third of pregnancy say that use of In practice, however, he employs it only a changed his mind. Someone who is ad- intact D&E is quite rare. Just over 1 percent third of the times he’d like to, he said. Often mittedly very pro-choice changed his (about 17,000) of all abortions in this country the position of the fetus, or some other vari- mind on whether this procedure should occur after the 20th week of fetal develop- able, makes intact D&E impossible, and he be legal or not. ment; it is after that point when the intact uses dismemberment instead. However, One of the reasons he changed his D&E procedure is sometimes used. Only a whenever he uses the intact method, he first fraction are believed to be intact D&Es, the cuts the umbilical cord—a maneuver de- mind—the principal reason was as a re- controversial method in which the fetus is signed to make sure the fetus is dead before sult of Dr. Brown’s article talking pulled by the feet out of the uterus and the he punctures its skull. about ‘‘Late Term Abortions, Who Gets head is punctured so it can also pass through ‘‘The fundamental argument [of the tech- Them and Why,’’ which is the name of the cervix. What’s more, very few doctors nique’s opponents] is that the fetus is alive. the article by David Brown. He talks perform this surgery; interviews with abor- And what I am saying is that in my practice about who gets them and why. He talks tion experts suggest that there are less than that never happens,’’ he said. about Dr. Haskell from Ohio, who says, 20. In 45 percent of the cases done beyond be- yond 20 weeks of gestation, he said, the ‘‘I’ll be quite frank: most of my abor- What follows are sketches of the experi- ence of several physicians who perform the fetuses have obvious developmental abnor- tions are elective in that 20–24 week intact D&E procedure, as well as the experi- malities or the women carrying them have range. In my particular case, probably ence of doctors who perform abortions on pa- illnesses that are being made worse by the 20 percent of the abortions are for ge- tients with advanced pregnancies using an pregnancy. In the other 55 percent, however, netic reasons. And the other 80 percent alternative technique. Taken as a group, the the fetuses are normal. are purely elective.’’ descriptions and observations by these prac- Another practitioner, who did not want to Elective means, according to David titioners paint a more complete picture of be identified, is a physician in the New York Brown, that the fetuses were normal, who decides to end their pregnancy at an ad- area who is affiliated with several teaching institutions. He does about 750 in the second or that the pregnant woman was not vanced stage, and why. A QUESTION OF SAFETY trimester of pregnancy. He uses intact D&E seriously ill. in ‘‘well under a quarter’’ of those, he said. One of the better-known practitioners of I ask unanimous consent this article About one-third are his private patients, and intact D&E is Martin Haskell, an Ohio physi- by David Brown be printed in the the rest are ones he sees at the teaching hos- cian who in 1992 presented a ‘‘how-to’’ paper pitals, where he instructs physicians in RECORD. on the technique at a medical conference in training. There being no objection, the mate- Texas. The dissemination of this document This doctor said that the ‘‘great majority’’ rial was ordered to be printed in the to antiabortion activists set the stage for of the private patients have medical reasons RECORD, as follows: the current campaign to ban the technique. for their abortions: Either the fetus is abnor- Although Haskell declined to be inter- [From the Washington Post, Sept. 17, 1996] mal or the pregnant woman’s health is viewed for this article, in his 1992 paper he LATE TERM ABORTIONS threatened by the pregnancy. said he had performed ‘‘over 700 of these pro- The nonprivate patients, however, are dif- (By David Brown) cedures.’’ Three years ago, American Med- ferent. They tend to have lower incomes, and In a White House ceremony in April, Presi- ical News, a weekly publication of the Amer- the fraction of them who have medical rea- dent Clinton vetoed a bill outlawing a tech- ican Medical Association, interviewed Has- sons for abortion ‘‘is not nearly as high, nique of abortion done only in the second kell about his technique. [but] I can’t quantify it,’’ he said. In the half of pregnancy. Termed ‘‘partial-birth ‘‘I’ll be quite frank most of my abortions cases in which there is no medical indica- abortion’’ by the people who decry it, and are elective in that 20–24 week range,’’ Has- tion, the fetuses are usually normal. ‘‘intact dilation and evacuation’’ by the peo- kell said, according to a transcript of the ple who perform it, the technique has be- interview, which has circulated widely dur- A CALIFORNIA DOCTOR’S EXPERIENCE come the latest lightning rod in the nation’s ing the debate on the ‘‘partial-birth abor- The notion that intact D&E is done only in stormy debate about abortion. tion’’ bill. ‘‘In my particular case, probably the third trimester—very late in the preg- Standing next to the president when he an- 20 percent [of the abortions] are for genetic nancy, generally after 24 weeks—and only nounced the veto were five women who had reasons. And the other 80 percent are purely when the fetus has catastrophic defects, ap- undergone late-term abortions with the con- elective.’’ pears to have arisen from widespread pub- troversial technique because their fetuses ‘‘Elective’’ is not a medical term generally licity about the practice of a doctor in Los had severe developmental defects. used with abortion, but it is often used in Angeles named James T. McMahon, who died The women, Clinton said, ‘‘represent a medicine to denote procedures that are not last year. His specialty was the very late small, but extremely vulnerable group . . . medically required. In this context, it ap- abortion of fetuses with severe develop- They all desperately wanted their children. pears to mean that the fetuses were normal mental defects. They didn’t want abortions. They made ago- or that the pregnant woman was not seri- Patients came to him from across the nizing decisions only when it became clear ously ill. United States and sometimes even from out- their babies would not survive, their own The American Medical News reporter also side the country. All of the women who ap- lives, their health, and in some cases their asked Haskell ‘‘whether or not the fetus was pear with Clinton at the veto ceremony had capacity to have children in the future were dead beforehand.’’ The doctor answered: ‘‘No their abortions done by him. in danger.’’ it’s not. No it’s really not. A percentage are McMahon used intact D&E extensively be- Others have sketched similar pictures. The for various numbers of reasons....In my cause after about the 26th week of gestation Planned Parenthood Federation of America case, I would think probably about a third of dismemberment of fetuses is extremely dif- called this procedure ‘‘extremely rare and those are definitely dead before I actually ficult, if not impossible. done only in cases when the woman’s life is start to remove the fetus. And probably the In a letter written in 1993 to doctors who in danger or in cases of extreme fetal abnor- other two-thirds are not.’’ referred patients to him, he said that in 1991 mality.’’ The National Abortion Federation, Also performing intact D&E abortions in he’d done 65 third-trimester abortions. All of an abortion providers’ organization, said Ohio is a 45-year-old physician named Martin these cases, he said, were ‘‘nonelective.’’ Of that ‘‘in the majority of cases’’ where it is Ruddock. Interviewed recently, he declined all the abortions done beyond 20 weeks, 80 used, there is a ‘‘severe fetal anomaly [birth to estimate how many abortions he did each percent were for that he termed ‘‘therapeutic defect].’’ year, but said that only 5 to 10 percent were indications’’—that is, medical reasons. But it is not possible to speak with cer- done in the later stages of pregnancy. Be- In documents submitted to the House sub- tainty about who undergoes ‘‘intact D&E,’’ yond the 18th or 19th week, Ruddock prefers committee on the Constitution, McMahon as the ‘‘partial-birth abortion’’ is known in to use the intact D&E technique. provided a list of some of these reasons. He medicine. The federal government does not He believes it is safer than its most com- categorized 1,358 abortions he’d performed collect such information. Physicians do not mon alternative, which is called ‘‘dis- over the years, all of them done (his testi- have to report it to the state health depart- memberment dilation and evacuation.’’ In mony suggested) on women at least 24 weeks ments. Researchers do not study the ques- that procedure, the fetus is removed in pregnant. tion or publish their findings in medical pieces, generally limbs first. It requires that Most of them were for extremely rare ge- journals. the surgeon exert a great deal of force on the netic defects. Interviews with doctors who use the proce- fetus inside the uterus, and it often produces The list contained a few slightly more dure and public comments by others show short, bony fragments that can damage a common conditions including anencephaly

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11149 (lack of a brain) in 29 cases, spina bifida tions a week on women at least 18 weeks to CHARLES CANADY, who carried this (open spinal column) in 28 cases and con- pregnant. In his experience many of the late bill over in the House. The last para- genital heart disease in 31 cases. A few of the procedures occur simply because of denial. graph: conditions on the list, however, are rarely ‘‘You have a young girl who becomes preg- fatal. Cleft lip, cited as the ‘‘indication’’ in 9 nant, someone 15 or 16 years old,’’ he said. There are absolutely no obstetrical situa- cases, is surgically correctable after birth, ‘‘She doesn’t know how to tell her parents or tions encountered in this country which re- sometimes with permanent disability and her boyfriend. So she puts herself on a diet quire a partially delivered human fetus to be sometimes without. and tries to deny she’s pregnant.’’ destroyed to preserve the health of the The maternal indications in McMahon’s However, Wiskind said, some fetal defects mother. Partial birth abortion is a technique list were similarly varied. The severity of aren’t diagnosed until late in pregnancy for devised by abortionists for their own conven- the illnesses can’t be inferred, although unavoidable reasons. Amniocentesis, one ience, ignoring the health risks of the moth- many of the problems he gave are not com- technique of fetal genetic screening is done er. The health status of women in this coun- monly life-threatening. These included between weeks 15 and 17 of pregnancy. Sev- try will thereby only be enhanced by the breathlessness on exertion, one case; electro- eral weeks can then pass before test results banning of this procedure. are known, and when they indicate a prob- lyte disturbance, one case; diabetes, five I think Mr. Cohen and the doctors I cases; and hyperemesis gravidarum (intrac- lem it often takes a woman several more table vomiting during pregnancy), six cases. weeks to decide about abortion, he said. In will refer to later have hit the nail on The two most common maternal indications addition, many deformities can only be diag- the head on what is going on with this were depression (39 cases) and sexual assault nosed through sonograms and were not ap- whole debate. (19 cases). parent until the midpoint of pregnancy or I came to the floor last year and Although the few other doctors who are later. spoke on this issue. It is the first time known to use the intact D&E method refused Thomas J. Mullin does abortions through the 24th week of gestation, as calculated by in 6 years as a Senator and Congress- to be interviewed, one overseas practitioner man that I had ever taken to the floor would. He is David Grundmann, a 49-year-old sonographic measurement of the fetus’s physician from Brisbane, Australia, who head. He practices in the New York area. of either body and utter the word learned the technique from McMahon about Of the procedures Mullin does in weeks 20 ‘‘abortion.’’ I am pro-life. I feel very five years ago during a visit to the United through 24, about one-third are for fetal ab- strongly about that. But I have never States. normalities, he said. In about 10 percent of felt moved before to stand up and do Grundmann performs abortion up to 22 cases, the woman has an illness, such as se- vere diabetes or painful uterine fibroids, that something about it until I saw this. weeks of gestation and, like McMahon, I thought eventually in this country treats patients who travel great distances is not necessarily life-threatening but is for his services. He and his two partners do clearly made worse by pregnancy. if we go out, as I have tried to do and ‘‘The remainder of them are just errors,’’ 60 to 100 intact D&E cases a year. talk to people, and try to change he said. ‘‘Many are young patients—12 to 20 In an interview last week, he said that in hearts by talking to people, young peo- years old—who are not in touch with their about 15 percent of those cases, there is a se- ple, and talk about abortion, talk reproductive system as well as they should vere defect of the fetus. be, so they get stuck later than they want in about how it is a scourge on our coun- * * * * * pregnancy. They get surprised, basically.’’ try, and that 1.5 million of these are THE WOMEN AFFECTED Jaroslav Hulka, a professor of obstetrics performed every year in this country. and gynecology at the University of North It’s difficult to say how representative It is not a healthy thing for women Carolina, supervises a teaching program these five doctors are of the rest of the small who have them. It is certainly not a whose physicians do 250 to 300 abortions a fraternity of practitioners who perform in- healthy thing for our society that so year on women carrying fetuses between 13 tact D&E in the United States. Interviews many are done. I thought if we just and 22 weeks old. with physicians who use other abortion tech- ‘‘Ninety-five percent of those are normal— kept vigilant we would see what the niques—generally dismemberment—may that’s fair to say,’’ he said. Occasionally, President said he would like to see— help indirectly illuminate why most late- fetuses up to 24 weeks old are aborted if they that abortions are safe, legal, and rare. term abortions, including intact D&E abor- have a condition incompatible with life. The To me, this bill and the President’s tions, are done. physicians use the dismemberment tech- Warren Hern, a 57-year-old physician who veto of this bill showed me that the nique—an arduous and potentially risky pro- rhetoric—how appealing it is, that practices in Boulder, Colo., has a master’s cedure. degree in public health and a doctorate in ‘‘The technique that the Congress is con- abortions be rare—is just rhetoric. You anthropology. He is one of the few providers cerned about [intact D&E] is a level of skill cannot, you cannot, in your heart want of late-stage abortions who publishes re- above this,’’ Hulka said. ‘‘They are doing abortions to be rare and allow this to search on the topic in medical journals. what we’re all supposed to do—namely, mini- happen in this country. What are you Hern performs between 1,500 and 2,000 abor- mize the risk to the patient.’’ tions a year. About 500 are on women 20 to 25 saying? What are you saying to those Practitioners of the intact procedure argue young people who are home from weeks pregnant. Of those, about one-quarter that their method is the least traumatic involve abnormal fetuses. He does between 10 among the many variants of dilation and school and maybe made the mistake of and 25 abortions each year on women more evacuation abortions used and is not—as plopping on C–SPAN 2 for a few seconds than 26 weeks pregnant, and all of them in- their critics claim—the most barbarous. In and they hear someone stand up and volve fetal abnormalities or serious mater- testimony submitted last year to a congres- say you can deliver a baby and you can nal disease, he said. sional subcommittee, the late James kill it. What are you saying to people ‘‘It is true that a significant proportion of McMahon wrote: who actually have to deal with this the community is offended by any abortion ‘‘In a desired pregnancy, when the baby is issue, saying we can kill, not as Mr. after 26 weeks that is not medically indi- damaged or the mother is at risk, the deci- cated,’’ he said. ‘‘We practice medicine in a sion to abort may be intellectually obvious, Cohen says, a few weeks old inch-long social context. So that is why I will not per- but emotionally it is always a personal an- embryo, but a fully formed viable baby, form an abortion after 26 weeks just because guish of enormous proportions . . . For the viable baby, inches away from that a woman has decided she does not want to physician who is willing to help the patient first breath. What kind of a message carry the pregnancy to term.’’ in this dilemma, choices are few. Intact D&E does that send? What kind of a country Women seeking an abortion late in preg- can often be the best among a short list of are we? nancy ‘‘are often young, frequently not mar- difficult options.... Dealing with the trag- If we knew of a procedure that had ried, and many have a child already, or ic situations that I confront daily makes me more,’’ said Steve Lichtenberg, a obstetri- constantly aware that I can only limit the dogs delivered and then we performed cian-gynecologist in Chicago who does abor- hurt by doing gentle surgery and giving sym- that procedure on puppies, do you tions up to 22 weeks of development. Many pathetic counsel.’’ know how many letters from animal are poor, have not completed school or estab- Mr. SANTORUM. Mr. Brown talks rights activists we would be getting lished themselves in the work force, he said, now—and some of the very same people and are in excellent health. about the different reasons—and a lot of the reasons given by physicians are who would argue to keep this legal * * * * * reasons that are not medical neces- would argue to ban the other. What ‘‘The number who volunteer that informa- sities. Dr. Markman from California, I does that say about us? tion is substantially smaller than the num- You have the President of the United ber who’ve actually been subjected to social believe, performed nine abortions on or sexual violence.’’ third-trimester abortions on babies. States who works very hard in the lan- Herbert Wiskind is the administrator of The fetal abnormality? Cleft palate. guage of his veto message to try to the 19-bed Midtown Hospital in Atlanta, Dr. Pamela Smith sums it up best in cast the debate in a different light, whose four doctors perform about 25 abor- a letter written October 28, last year, talking about issues that really are not

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11150 CONGRESSIONAL RECORD — SENATE September 24, 1996 substantive here. I will read again and woman and her doctor’s right to Not one United States Senator who is again until the cows come home, choose—would the woman and the doc- pro-choice believes that there should ‘‘there is absolutely no obstetrical sit- tor in that situation where the head is be an abortion allowed on a perfectly uation encountered in this situation delivered and the baby is completely healthy pregnancy in the late term. I which requires a partially delivered outside of the womb, would the doctor repeat that again. It is my position human fetus to be destroyed to pre- be permitted, then, to kill the baby? certainly in the late term—this is in serve the health of the mother.’’ Yet I will be happy, then, to yield the concert with Roe v. Wade—that these the President vetoed it. Why? To pre- floor and await her answer. abortions not happen on a healthy serve the health of the mother. It does Mrs. BOXER. Mr. President, I know baby. And I want to say to my friend not happen that way. the Senator from Florida is here to when he keeps posing that, he has We try to form the debate around talk on another matter. Could I ask never given birth. I have had the honor things that people can feel comfortable unanimous consent that I be allowed to and the privilege to do so twice. One of with. This issue is an issue that a lot of speak for 10 minutes, immediately fol- my babies was born in a breach fash- people do not feel comfortable with. We lowed by the Senator from Florida for ion. do not like to talk about it. But we 15 minutes? So when the Senator asks me how I have to talk about this because we are The PRESIDING OFFICER. Is there feel about that, I get a little upset be- defined not by what the President of objection? cause the way I felt about that at the the United States would like us to feel Mr. DEWINE. Reserving the right to time was God help me have a healthy comfortable with, not by the language object, I would like to inquire as to the baby. And she was premature, and I that we can hide behind and not think amount of time we have remaining. My prayed every minute of the way. about, but by what goes on every day understanding is we will go to a vote at So I do not want anyone to come to in this country. 5 o’clock. this Senate floor—and I ask you, I A lot of folks in Washington would Is that our cutoff time? plead with you, not to do this any- Mrs. BOXER. I say to the Senator, if like us to be cast in what we say. What more—and talk about ‘‘the Senator you would like me to add the Senator, we say is what we really are. I think in from California’s position.’’ following Senator GRAHAM, I am de- our hearts we know what we do is what I am a grandmother. It is the great- lighted. we really are. est thing that has ever happened to my Mr. DEWINE. I do not think I will ob- I have a lot of faith in the U.S. Sen- husband and myself. I prayed for ate. I have a lot of faith in the people ject. I want to see where we are. The PRESIDING OFFICER (Mr. healthy babies, and, no, I do not sup- who sit here and serve here, that they port the abortion of a healthy preg- THOMPSON). We were scheduled to re- will take that time and will gather sume the pending business at 4:30, with nancy—not one Senator does—despite that evidence and look at the United half an hour of debate and then a series the fact that my colleague makes it States of America and say in the great- of votes at 5 o’clock. sound as if we do. est civilization known to man—will we Granting the Senator’s request would We could walk hand in hand down allow this to happen here? delay those times. this aisle of the U.S. Senate and pass a I believe, even though all the media Mr. SANTORUM. If the Senator will bill in 60 seconds that outlawed this reports says we will never override the withhold we will see what the situation procedure except for life of the mother President’s veto here, we are way is. We will be happy to accommodate and serious adverse health impact. We short—well, we may have been, but I the Senator from Florida if we can. could be together. But instead we have truly believe that my colleagues will Mrs. BOXER. I renew my request. to face a debate that no doubt will study this issue well, will take all the The Senator spoke for 20 minutes. I show up on 30-second commercials. new information that is available and would like to speak for 10 minutes. I I know that my colleague referred to will look at where we are in America would be happy to make as part of that the President as Mr. Clinton. Mr. Clin- and what signal we are going to send to request that the Senator from Ohio fol- ton met with mothers who have this this generation and future generations low. procedure. He said, ‘‘Why didn’t he of Americans about what we will be- Is the Senator objecting to my get- meet with other people on the other come. ting 10 minutes? side?’’ He has talked about this issue. If this is not wrong, I do not know Mr. SANTORUM. We are scheduled to He has looked at this issue. He has what wrong is. This is wrong, and I be- go to debate on the bill and votes at 5 come to the conclusion that he would lieve the U.S. Senate will stand up in o’clock. This unanimous consent would definitely sign a bill that made that the next few days and tell the Amer- push that back, and because Members life and health exception. ican public, ‘‘We heard you.’’ Tell those are scheduled later this evening, they I quote from his letter. babies we understand now we are not do not want to do that. That is the I urge that you vote to uphold my veto of going to let this happen any more problem. H.R. 1833. My views on this legislation have under our watch. Mrs. BOXER. In trying to accommo- been widely misrepresented. I see the Senator from California is date everybody, it seems to me—it is 20 And I might say to the President, here and I asked her a question. I will after 4. We go to the bill at 4:30. Then they are being misrepresented as we ask it again because she did not answer I would ask for the normal 5 minutes speak by Members on the other side of it the two times previously when I to see where we go. this issue. asked, so I will ask one more time. I am going to try this, Mr. President: He says: A partial birth abortion is performed That we delay going to the bill by 7 when a baby is delivered feet first, as I am against late-term abortions, and have minutes. long opposed them except where necessary to the Senator from Ohio described, the The PRESIDING OFFICER. Is there protect the life or health of the mother. As baby is delivered feet first through the objection? Governor of Arkansas, I signed into law a birth canal. Everything is delivered— Mr. SANTORUM. I object. bill that barred third-trimester abortions arms, shoulders, torso, legs, all deliv- The PRESIDING OFFICER. Objec- with an appropriate exception for life and ered outside of the womb, outside of tion is heard. health. And I would sign a bill to do the the mother completely except for the Mrs. BOXER. The reason I have been same thing at the Federal level, if it was pre- head. As nurse Brenda Shafer said, ‘‘A rather insistent is that for many hours sented to me. pair of curved scissors, surgical scis- today my name has been mentioned on So here you have a President who has sors, are then inserted into the base of the floor perhaps not directly but ‘‘the indicated that he would sign a bill out- the skull and the brains removed.’’ Senator from California.’’ And every lawing this procedure with an excep- My question to the Senator from time I go back to do business with tion for life and health. But no. The California is, what would her position being ‘‘the Senator from California’’ I other side does not want that. They be if, when the shoulders were deliv- hear another misstatement on the floor would rather come down and demagog ered, that accidentally the head was and the repeated question about how I the issue. also delivered; would the woman and feel about perfectly healthy babies and If I might say, I hear about Mr. her doctor—and I hear so often it is the a perfectly healthy birth being aborted. Cohen’s article. Good for Mr. Cohen.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11151 He has taken a lot of different posi- been consistently held even though it when she discovered her son was diag- tions on a lot of subjects. has been narrowly drawn by many nosed with nine major anomalies, in- How about listening to the women State legislatures, the health of the cluding a fluid-filled cranium with no who have gone through this like mother exception has been interpreted brain tissue at all, compacted flattened Maureen? Maureen is a 30-year-old by courts unanimously as being any- vertebrae, and skeletal dysplasia. The Catholic mother of two, and lives in thing—financial health is the health of doctor told her the baby would never Massachusetts. On February 17, 1994 mother; social interaction, health of live outside the womb. She said, ‘‘The Maureen and her husband were joy- the mother; her age, health of the only option that would assure that my ously awaiting birth of their second mother; maturity; emotional health; daughters would not grow up without a child. On that date when she was 5 mental health; physical health. Yes. It mother was a highly specialized, sur- months pregnant a sonogram deter- is a limitation without limit. It is no gical abortion procedure developed for mined that her daughter had no brain limitation at all. And the Senator from women with similar difficult condi- and was nonviable. Her doctor rec- California knows that. More impor- tions. Though we were distraught over ommended termination of the preg- tantly, the President of the United losing our son, we knew the procedure nancy. States knows that very well. was the right option . . . and as prom- On February 18, 1994, a third-degree It is all how to frame the issue. It ised, the surgery preserved my fer- sonogram at New England Medical Cen- makes a lot of people feel comfortable tility. Our darling son Nicholas was ter in Boston confirmed the diagnosis that the President really does want to born in December 1995.’’ that the baby had no brain and was limit these things. It is only these seri- Senators in this Chamber would nonviable. ous health consequences, and that is stand up to this woman and tell her, Maureen and her family sought coun- reasonable until you understand that ‘‘Too bad, even though your doctor said sel from their parish priest, Father health consequences is not a limit on it was necessary to have this procedure Greg, who supported the decision to the procedure. It is not a limit on the so you could have another child; too terminate the pregnancy. procedure. bad.’’ Mr. President, may I have order. So to make a limitation that does You know, I will tell you something. The PRESIDING OFFICER. The Sen- not have a limit is just what I de- For people who say they want to get ate will come to order. scribed before which is someone who Government out of the lives of the peo- Mrs. BOXER. Maureen found out that wants to be judged by what they say to ple, this is extraordinary to me. Let us her baby had no brain. She is a prac- you that sounds so nice instead of what leave these tragic situations to the ticing Catholic, and she went to her the reality of what their words would mother, to the father, to the doctor, to priest, Father Greg. On the record he be which means partial-birth abortions the priest, to the rabbi, to God. Let us supported her decision to terminate would continue to go on in this country think seriously. If it was your wife, if the pregnancy. without limitation if we passed a bill it was your daughter, and the doctor They named their daughter Dahlia. that had a health limitation. That is looked in your eye and said, ‘‘Your wife She had a Catholic funeral and is bur- not RICK SANTORUM, the Senator from might die if I do not use this proce- ied at Otis Air Force Base in Cape Cod, Pennsylvania speaking. That is court dure,’’ at that moment would you want MA. after court after court after court in- him or her to use the procedure that And Senators in this Chamber want terpreting language that you would be- would save that life? to insert themselves into that family, lieve would be rock solid. But with the The PRESIDING OFFICER. The time insert themselves into the dialog be- judges it is not. So I would just say go of the Senator has expired. tween her priest, her God, and her fam- ahead and continue to use it, as I am Mrs. BOXER. Thank you. ily? sure you will—that we could agree on f President Clinton will sign a bill that this rhetoric. But I can guarantee you MARITIME SECURITY ACT outlaws this procedure with an exemp- we cannot agree on this rhetoric. We tion for life and health. Throughout cannot agree on a limitation that is a The PRESIDING OFFICER. Under this debate I will bring up example phony limitation; to a procedure that the previous order, the hour of 4:30 p.m. after example. is infanticide and nothing more. having arrived, the Senate will now re- And I urge my colleagues. This is not The second thing I would say is you sume consideration of H.R. 1350, which about 30-second commercials. This is have doctor after doctor who has writ- the clerk will report. about the life of women. ten to us and said that this procedure The legislative clerk read as follows: A bill (H.R. 1350) to amend the Mer- The PRESIDING OFFICER. The Sen- is never medically necessary to save chant Marine Act, 1936, to revitalize ator’s 5 minutes have expired. the life or health of the mother. the United States-flag merchant ma- Mrs. BOXER. We will continue this The PRESIDING OFFICER. The Sen- rine, and for other purposes. debate, Mr. President. ator’s time has expired. The Senate resumed the consider- I yield the floor. The Senator from California. ation of the bill. Is it time now to go to the bill at Mrs. BOXER. Thank you very much. Mr. President, once more I want to Pending: hand? Grassley amendment No. 5393, to clarify The PRESIDING OFFICER. Under put on the table what the Members of the term fair and reasonable compensation the previous order, it would be time to the U.S. Senate could agree to at any with respect to the transportation of a go to the bill. moment. We would say this procedure motor vehicle by a certain vessel. Mr. SANTORUM. Mr. President, I cannot be used unless the woman’s life Grassley amendment No. 5394, to prohibit ask unanimous consent for 5 minutes, is at stake because there is no true life the use of funds received as a payment or and I would be happy to share that exception in this extreme bill before subsidy for lobbying or public education, and time, half and half. us, or to spare her serious adverse for making political contributions for the purpose of influencing an election. Mrs. BOXER. If there is no objection, health consequences. Grassley amendment No. 5395, to provide I save my 21⁄2 minutes until after the And let me just say to my colleague that United States-flag vessels be called up Senator is finished. in all due respect—and as collegial as I before foreign flag vessels during any na- The PRESIDING OFFICER. Without can be in the moment here—if you are tional emergency and to prohibit the deliv- objection, it is so ordered. suggesting that anyone in this U.S. ery of military supplies to a combat zone by Mr. SANTORUM. Mr. President, the Senate is talking about financial vessels that are not United States-flag ves- Senator from California makes a health of the woman, let me just say it sels. Inouye (for Harkin) amendment No. 5396 point—again, it is a good one—that the is an absolute outrage if you would (to amendment No. 5393), to provide for pay- President will sign the bill with the ex- think that is what we are talking ment by the Secretary of Transportation of ception for the life and health of the about. We are talking about infertility certain ocean freight charges for Federal mother. That is what the President for life. We are talking about paralysis. food or export assistance. said. We are talking about bleeding to death. Mr. STEVENS. Mr. President, what I have two amendments. One, the Vikki Stella, mother of two, was in is the parliamentary situation now health of the mother exception has the third trimester of her pregnancy with regard to time?

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11152 CONGRESSIONAL RECORD — SENATE September 24, 1996 The PRESIDING OFFICER. There volved in using U.S.-flag ships out of using U.S.-flag ships to the Depart- will now be 30 minutes debate, equally USDA entirely and put it in the De- ment of Transportation. There is clear divided, on the rate issue, 15 minutes partment of Transportation. precedent for my amendment. In fact, under the control of the Senator from Senator GRASSLEY’s amendment it would build on a partial shift of Iowa [Mr. HARKIN] and 15 minutes would essentially kill our U.S. mari- cargo preference costs to the DOT that under the control of the Senator from time industry by sending shipping busi- we began in 1985. Iowa [Mr. GRASSLEY]. ness to foreign-flag vessels. If, for ex- Prior to the 1985 farm bill, 50 percent Mr. STEVENS. I think it was our in- ample, a foreign ship would haul cargo of U.S.-sponsored food shipments were tention that we would have 1 minute for $18 a ton, Senator GRASSLEY’s required to be transported on U.S.-flag on each side; Senator INOUYE with re- amendment would give that business to ships. There was a court decision that gard to the Harkin amendment, and a foreign-flag vessel if the U.S. ship held that this requirement applied to myself with regard to the Grassley was going to charge any more than commercial sales as well as to food aid. amendment. $19.08 a ton. Is that the price at which So a compromise was reached in the I ask unanimous consent that be the we will sell out our U.S. maritime in- 1985 farm bill under which 75 percent of case. We have to have some time to dustry, which is so important to mili- food aid—that is the donations and move to table and make a comment. tary sealift and military security, $1.08 concessional sales of food that we give The PRESIDING OFFICER. Without a ton? to people overseas—would be trans- objection, it is so ordered. Or, if you are using container ships, ported on U.S.-flag ships, but that com- Mr. STEVENS. The remainder of the if the lowest acceptable foreign rate, mercial agricultural exports would be amendments are likewise controlled? just to take a hypothetical example, is totally exempt from any cargo pref- erence requirement, even if those sales The PRESIDING OFFICER. There is $1,000 a container, Senator GRASSLEY’s a series of amendments to be voted on amendment would cut out U.S. ships if were supported by U.S. export subsidies in sequence. their rate is any higher than $1,060 a or assistance. So, today, less than 2 Mr. STEVENS. It was my under- container. So for $60 a container we percent of our total agricultural ex- standing the Senator from Iowa wishes would give all that business to a for- ports are required to be transported on to withdraw one of those amendments. eign country. U.S.-flag ships. No commercial sales I ask he be recognized for that purpose. I do believe, however, that sup- are under the requirement at all. Part of that compromise that we The PRESIDING OFFICER. The Sen- porting our U.S. merchant marine is reached in 1985 was that the Depart- ator from Iowa. properly a transportation function, ment of Transportation would reim- AMENDMENT NO. 5395 WITHDRAWN rather than an agricultural or food aid burse the Department of Agriculture, Mr. GRASSLEY. Mr. President, I ask function. Any higher costs of using for any increase in food aid shipping to withdraw amendment No. 5395. For U.S.-flag ships should not come out of costs caused by that change in the my colleague from Iowa, this is not the the food aid budget but should, instead, cargo preference requirement from 50 amendment regarding which his come out of the Department of Trans- percent to 75 percent. So, already the amendment amends mine. I ask unani- portation budget. Department of Transportation covers a mous consent to withdraw No. 5395. I will also point out that the amend- portion of any higher charges for ship- The PRESIDING OFFICER. Without ment of my colleague, Senator GRASS- ping food aid on U.S.-flag vessels. objection, it is so ordered. LEY, would still have any higher costs What my amendment would do is Amendment No. 5395 was withdrawn. of U.S. ships coming from the agricul- shift all cargo preference cost over. The PRESIDING OFFICER. Who tural food aid budget. I do not think The Department of Transportation yields time? The Senator from Iowa. that is right. I do not think that is real Mr. HARKIN. I understand I am rec- would reimburse the Department of reform. Agriculture for all food aid shipping ognized for up to 15 minutes? Let us be clear, there have been some charges to the extent they exceed pre- The PRESIDING OFFICER. The Sen- gross exaggerations about the higher ator is correct. vailing world shipping rates. My costs of U.S.-flag ships. But I admit amendment employs the same reim- AMENDMENT NO. 5396 TO AMENDMENT NO. 5393 freely there are some higher costs in- bursement mechanism now used by the Mr. HARKIN. Mr. President, I have volved, because those U.S. ships must Department of Transportation to reim- been generally supportive of the prac- comply with more stringent environ- burse the Department of Agriculture tice of shipping a certain percentage of mental and safety regulations and be- for a portion of those costs. So my our U.S. foreign food assistance on cause the people who work on them are amendment will put the costs of sup- U.S.-flag ships. I have in the past sup- U.S. citizens and they pay U.S. taxes. porting our U.S.-flag merchant ma- ported amendments designed to reform Those people who work on those ships rine—which I believe is vitally impor- that program to ensure the costs of pay Federal and State and local taxes. tant to this country—where it belongs, using the U.S.-flag ships are reason- They have homes here in communities in the Department of Transportation, able. But I have not been supportive of in our country. They pay property not the Department of Agriculture. proposals that would essentially kill taxes. They support their local schools. As I said, I have always believed, and the policy of using U.S.-flag vessels, be- If you take the money paid for ship- still do, that it is important to support cause I believe that U.S. maritime fleet ping food aid and give it to a foreign- our U.S.-flag merchant marine as a ships are important to our national de- flag vessel and to foreigners operating matter of national security. Also, be- fense. on those ships, they do not pay any cause shipping is an important basic I also believe that when we are pro- taxes here, they do not support our U.S. industry, with U.S. jobs at stake, viding largess to other countries, we local schools, they do not raise their employing U.S. citizens, people who should do all that we can to also sup- kids in America. work and raise their families here and port U.S. jobs and U.S. industries. All in all, the U.S. maritime industry pay their taxes in this country, I be- After all, we make sure that U.S. farm runs a more responsible operation than lieve it is important to have a U.S. commodities are used in these food flag-of-convenience operators that may merchant fleet. shipments. We do not go to other coun- sail under the flag of a foreign country We cannot afford to send any more tries to buy the food to give it away. with very lax standards. So our costs of U.S. jobs out of this country. The We use our own farm commodities. As operation are understandably higher. Grassley amendment would do that. It long as costs are fair and reasonable, I In any event, then, there are some would turn over everything to foreign believe we ought to use U.S. ships to higher costs in using U.S.-flag ships. vessels flying a flag of convenience. haul a share of this aid. This is called the ocean freight dif- But that support, I say, that we should My colleague from Iowa, Senator ferential. To the extent that USDA provide for our U.S. merchant marine GRASSLEY, says that I may be under- pays for this differential, there is some should not diminish the quantity of ag- cutting his efforts at reform. But my reduction in the amount of food aid ricultural commodities that USDA can amendment is the only way to have that can be shipped. That is what I ship as food aid. If we are going to give real reform. What my amendment want to change. My amendment would food to hungry people and starving peo- would do, is take any higher costs in- simply shift all of any added costs of ple around the world—which we ought

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11153 to do—to the extent that it costs us The PRESIDING OFFICER. Who We also have Citizens Against Gov- more to ship it on U.S.-flag vessels, yields time? ernment Waste backing my amend- that money should not come out of the The senior Senator from Iowa. ments and key voting those as well. food aid budget, it ought to come out Mr. GRASSLEY. I yield myself 10 We have the National Taxpayers of our transportation budget. minutes. Union using these amendments for I tried to offer this amendment sev- Mr. President, everyday, millions of their annual vote analysis. eral years ago, in 1990. It was tabled. Americans get up, they have their These groups, as well as Americans Again, I recall my colleague from Iowa breakfast, they pack their lunches, for Tax Reform, all oppose this under- moved to table the underlying amend- they send their kids off to school. In lying legislation, which is a $1 billion ment and brought down that amend- many households, over a majority, corporate welfare subsidy bill. ment, too. Unfortunately, the debate both spouses work. These are the for- Does our national defense, as is pur- over cargo preference has pitted agri- gotten Americans, the people who go to ported by the managers of this bill, de- cultural interests against maritime in- work every day. They are working pend upon the 47 U.S.-flag vessels that terests. That is too bad. In order to harder and harder and taking home are asking for a $100 million subsidy meet the stiff challenges from overseas less and less money. Nobody is talking per year? A former Bush administra- competition in the trade arena, we on this bill about that portion of Amer- tion official, Assistant Secretary of De- need more cooperation, not antagonism ica. That is the America we should be fense Colin McMillan, said the answer among our basic American industries. concerned about. to that question is ‘‘No.’’ He said that I am proud to represent an agricul- So I use that to remind all of my col- the issue of U.S. carriers reflagging is tural State. I am proud of how much leagues, Republicans and Democrats, not a national security issue and, we sell overseas. I am also proud of that we are about to vote to create a therefore, should be viewed in terms of how much food the citizens of Iowa do- new subsidy program, a corporate wel- economics. That is an Assistant Sec- nate every year abroad. I am also fare subsidy program. I say to my retary in the last Republican adminis- proud of the men and women who go to Democratic colleagues—all of them— tration. sea in ships. Perhaps it is because of how many times do I hear you say that Then on the other side of the aisle, my military background. Maybe it is we should end corporate welfare? This most recently Cabinet heads in the because I spent so much time in the is an opportunity to do that, by not Clinton administration studied this Navy. But I know what a lonesome life voting for this bill and creating a new issue and made recommendations to it can be, and I know how hard they welfare program. the President on whether or not to con- I say to my Republican colleagues work, and I know how they sacrifice tinue subsidies. Every Senator had in who, in the tax bill last year, thought and give up a lot of time from their his office last week a copy of the Rubin it was so necessary to respond to the families. I also know when our country memo to President Clinton. Again, people’s will to eliminate corporate calls on that merchant fleet to ship these are conclusions based upon Presi- welfare, that we had in our tax bill military cargoes to a foreign country, dent Clinton’s Cabinet officials, their probably $25 billion of reduction in cor- in dangerous waters, they must re- conclusions by Democratic officials, spond. porate welfare that is done through the Tax Code of the United States. and they are not my conclusions. They Now, if it is a foreign-flag vessel, we said it amounts to a jobs bill to pay for cannot call on it to sail into dangerous So I say to my Republican col- leagues, you have an opportunity to high-price seafarers. Those are the con- areas for military purposes. They can clusions from that memo. simply say no, we are not going to ship have one less corporate welfare pro- gram on the books by not voting for Mr. President, as I stated last week, your cargo because we believe it is too a number of retired admirals who ear- dangerous. So that is why I maintain this bill. In the meantime, we have some lier lent their names to an American my strong support for a strong U.S.- Security Council letter endorsing this flag merchant fleet. And I believe as amendments. We are about to cast votes on two of them that I have spon- legislation—now that they have the deeply as I believe anything that the benefit of the Rubin-Clinton memo— funding to support our U.S.-flag mer- sored and one that Senator HARKIN sponsors, a second-degree amendment, support my amendments to this bill chant fleet should come out of the and, in fact, believe further hearings transportation budget, and I will con- and I strongly oppose his amendment. should have been held before we pass tinue to fight for that. In a few short minutes, I am going to such legislation. Again, those are re- That is all my amendment does. attempt to help my colleagues separate Again, I hope that we don’t have to fact from fiction. What I share with my tired admirals, not this Senator from have this antagonism between agri- colleagues is not just my opinion. It is Iowa. To my colleague from Iowa, for his culture and the maritime industry. It either backed by independent sources amendment and my opinion on that shouldn’t be there. We ought to be or is the learned conclusion of those working together. We ought to be who have spent a great deal of time amendment—I suppose I gave that working together for the benefit of studying the questions of maritime opinion last week, but I owe it to my more jobs in the U.S., for the benefit of subsidies. colleague to state here now for a short a stronger agriculture in the U.S. and, First, let me direct the attention of period of time, my position. yes, working together to make sure my colleagues to two lead editorials My colleague from Iowa said that he that out of our generosity we give the that were included in today’s Wall doesn’t want to sell out our merchant maximum amount of food aid that we Street Journal on the one hand and to- marines. Nobody wants to do that, but can give to starving people around the day’s Journal of Commerce on the I think there is a bigger issue here, and world. other, and I placed copies on your that bigger issue is whether or not, I believe my amendment will resolve desks. Both the Wall Street Journal with this corporate welfare subsidy, we a nettlesome issue that has fostered and the Journal of Commerce expressed will be in the process of selling out the conflict between agriculture and the strong opposition to the subsidy bill taxpayers. maritime industry for a long time. My before the Senate. Remember, these Our No. 1 responsibility is to the tax- amendment will allow USDA to ship are opinions of journals that are the payers of America. If my colleague more food aid and to purchase more voices of business and transportation. from Iowa succeeds in substituting his farm commodities for that purpose. They oppose this corporate welfare pro- amendment for mine, all that will be And, yes, it will support a strong mari- posal. accomplished is that taxpayers will time industry. I urge my colleagues to My colleagues should also know that continue to get ripped off so maritime support my amendment. the Citizens for a Sound Economy, a union welfare and corporate welfare Mr. President, how much time do I grassroots organization representing will continue to be shoveled out with have remaining? hundreds of thousands of Americans, no restraint. And farmers, who are tax- The PRESIDING OFFICER. Four are key voting my fair and reasonable payers as well, will not be able to ship minutes 50 seconds. rate amendment and my antilobbying one extra bushel of food overseas. Mr. HARKIN. I reserve the remainder amendment. Those key votes are used Taxpayers get ripped off either way. of my time. for their Jefferson award. They get ripped off if the Agriculture

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11154 CONGRESSIONAL RECORD — SENATE September 24, 1996 Department pays for cargo preference This was during the Persian Gulf The PRESIDING OFFICER. Four or if the Transportation Department war. It was because our cargo pref- minutes forty-eight seconds. pays for it. The end result is the same. erence laws are out of control. My Mr. HARKIN. Four minutes forty- So I strongly oppose his amendment. amendment will take care of this. eight seconds? Mr. President, why do we need to If my amendment does not pass, we The PRESIDING OFFICER. Yes. adopt, then, my amendment that calls will see the same abuses the next war Mr. HARKIN. Mr. President, again, I for a fair and reasonable compensa- that we face. Nothing in this bill de- would just point out under the amend- tion? Fair and reasonable. Who can fines fair and reasonable rates. My ment of my colleague from Iowa, argue with that? amendment does define what is fair and money that would go to pay for the That supposedly is the rationale now reasonable in the very same way we ocean freight differential would still for all of these rates, but the bottom have defined it in the Buy America. I come out of the Agriculture budget, line of it is that the maritime industry yield the rest of my time to the Sen- out of food aid. That is what I am basi- defines what is fair and reasonable. If ator from Colorado. cally opposed to, having it come out of we don’t adopt this amendment, then Mr. BROWN addressed the Chair. Agriculture. It is a 6-percent limitation these subsidized carriers will collect The PRESIDING OFFICER. The Sen- that my colleague has in his amend- $100 million per year from this bill and ator from Colorado. ment, but any higher costs of U.S.-flag then routinely gouge taxpayers to the Mr. BROWN. Mr. President, I hope ships would still come out of Agri- tune of $600 million per year. Members, as they vote on this measure, culture. I do not think it ought to. I This figure of $600 million per year is will keep a couple of things in mind think the money for the ocean freight established by the Federal agencies and that I think are critical. One is this differential ought to come out of the by the Office of Management and Budg- measure does not attempt to do away Department of Transportation. That is with the buy-America preferences that et. It is reported every year in the what my amendment does. have existed in the law. It keeps those. President’s budget, and I placed a copy Again, I hear all of these compari- What it does do, Mr. President, is de- of this information in last Friday’s sons of shipping rates. My friend from fine what fair and reasonable is. Colorado, and of course my esteemed RECORD. In the past, literally, the Department Again, $600 million in backdoor cargo colleague from Iowa, have all these of Transportation has looked at rates comparisons, but these are based on ar- preference subsidies is not CHUCK that have been 100 percent, 200 percent, GRASSLEY’s estimate, it is the actual tificially low foreign rates subsidized 300 percent, 400 percent above what is by foreign governments, or rates for figures provided by the Office of Man- available on the market and called ships that operate without having to agement and Budget. those reasonable and fair. Mr. Presi- comply with the operating standards If we protect taxpayers from price dent, that is simply ludicrous. Charg- that apply to U.S.-flag vessels. So gouging under Buy America laws, then ing double or triple what your compet- these kinds of comparisons may seem why shouldn’t we do likewise under itor charges is not reasonable and fair. appealing, but they do not reflect a fair cargo preference laws? We do not kid anyone when we allow or accurate representation of the fac- So my amendment then, does that. It that sort of thing to go ahead. It is a tors involved in the rates charged by takes the Buy America market test of scandal on the American taxpayers to U.S. ships. 6 percent and, like Buy America, says have them stuck for two and three and For example, our people are paid that if a Government agency is charged four times as much what reasonable higher wages, our ships have to follow by a U.S.-flag carrier more than 6 per- rates are. cent what the market bears or, in The second point I hope Members will stronger and stricter environmental other words, what a foreign flag might look at is this: One of the good argu- standards and our ships have to meet offer, then that agency can hire the ments that have been made for those stricter working conditions and occu- foreign flag. who defend the existing system is that, pational health and safety require- For years, we have been assured that on occasion, what they are comparing ments. None of these considerations is taxpayers are protected by existing law is apples and oranges; that is, the high- taken into account by the amendment that states a bid has to be a fair and er rates that have been talked about at of my colleague from Iowa. I keep reasonable rate, but Congress never de- times—not always, but at times—some- pointing out that workers on U.S.-flag fined this term and, instead, left it to times have been in circumstances ships, U.S. citizens, pay Federal, State the Maritime Administration, which where you could not unload the cargo and local taxes. In fact, I am informed cares not for the taxpayers. and it was not an apples-to-apples com- that existing Federal and State income If you can have the U.S. flags charge parison. tax requirements alone nearly double 400 percent over a foreign flag bid, the The Grassley amendment, very im- the cost of U.S.-citizen crews to U.S.- Maritime Administration may state portantly, is defined in such a way so flag operators. Well, where do they pay that this is a fair and reasonable bid that it allows the Secretary to take those taxes? They pay those taxes here and that agency has to accept that bid. into consideration those other condi- in America. It has happened. tions that may exist. In other words, Mr. President, let me also point out The PRESIDING OFFICER (Mr. GOR- the Grassley amendment is an apples- that there currently are limitations in TON). The Senator has used the original to-apples comparison. It is a fair com- place on the rates that U.S.-flag vessels 10 minutes. parison. It is not an unreasonable com- may charge for hauling cargo pref- Mr. GRASSLEY. How much time parison. It meets directly the argu- erence shipments. For non-defense car- does the Senator from Colorado want? ments in opposition that the opponents goes, for example, by law preference is Mr. BROWN. I would like at least 2 of these measures in the past have given to U.S.-flag vessels only when minutes. made. such vessels are available at ‘‘fair and Mr. GRASSLEY. I will yield myself 1 Mr. President, I simply close with reasonable rates,’’ which are deter- minute, and then when I sit down, I this thought. How can we say to the mined by an OMB-approved method will yield the remainder of my time to taxpayers of this country that we are based on detailed cost information sub- the Senator from Colorado. looking out for their interests when we mitted by American flagship operators. The PRESIDING OFFICER. The Sen- allow them to get stuck for two and If U.S.-flag vessels are not available at ator from Iowa. three times as much as what the real fair and reasonable rates, they are not Mr. GRASSLEY. Mr. President, I re- rate is on these kinds of cargoes? I awarded the cargo, and foreign vessels mind everybody who says that this is yield the floor, Mr. President, and urge may be used. necessary for our national defense, to the adoption of the Grassley amend- In summary, I again point out that remember that U.S. News & World Re- ment. what my amendment seeks to do is to port article in 1990 entitled ‘‘Unpatri- Mr. HARKIN addressed the Chair. shift any higher costs of using U.S.-flag otic Profits.’’ It reported how the Navy The PRESIDING OFFICER. The Sen- ships out of Agriculture to the Depart- was being forced to pay U.S.-flag car- ator from Iowa. ment of Transportation where it right- riers $70,000 to ship what could have Mr. HARKIN. How much time do I ly belongs. I do, however, strongly sup- gone on foreign flags for just $6,000. have remaining? port keeping U.S. jobs here in this

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11155 country. I strongly support making ket to help sustain the viability of this im- Mr. STEVENS. No. I was asking for sure that we support a maritime indus- portant industry for the Navy’s future and to the yeas and nays on the motion of the try in this country and make sure it is benefit the Navy by reducing new construc- Senator from Hawaii to table. there for us when we need it in periods tion costs. The success of U.S. shipbuilders The PRESIDING OFFICER. A motion in commercial markets is inextricably to table is not debatable. It is not in of national emergency. I ask support linked to programs such as Title XI. for my amendment to shift those costs I appreciate the opportunity to provide order at this point until the Senator to DOT. I yield the floor and the re- you with comments on this imporant mari- from Alaska has used or yielded his mainder of my time. time legislation. A similar letter has been time. The motion to table is not in The PRESIDING OFFICER. Does the sent, as a courtesy, to Senator Pressler, order until the Senator from Alaska Senator from Iowa yield back his time? Chairman of the Committee on Commerce, has used or yielded his time. Mr. GRASSLEY. How much do I Science, and Transportation. As always, if I Mr. STEVENS. That was not the un- have? can be of any further assistance, please let derstanding at the time we were going The PRESIDING OFFICER. One me know. to make it. We are going to have one minute twenty-three seconds. Sincerely, vote on Senator HARKIN’s amendment JOHN W. DOUGLASS. Mr. GRASSLEY. Yes. I yield back. and then a separate vote on this one. The PRESIDING OFFICER. Under Mr. INOUYE. Mr. President, I also We were going to make the motion to the previous order, there is 1 minute ask unanimous consent that a letter table and vote. However the Chair now reserved for the Senator from Ha- dated April 9, 1996, from Deputy Sec- wishes to do it—go back and read the waii and 1 minute for the Senator from retary of Defense John White, sup- RECORD—that is not the understanding. Alaska. porting this measure be printed in the In any event, I will take my minute on Mr. INOUYE. Mr. President, in June RECORD, along with a letter from the the Grassley amendment, not the Har- 1992 the Journal of Commerce had an Secretary of Transportation, the Hon. kin amendment, so we understand. editorial in support of this program, Federico Pen˜ a, supporting this meas- The PRESIDING OFFICER. The Sen- this bill. In March 1994, a much strong- ure. ator is recognized. er editorial was found in the Journal of There being no objection, the letters Mr. STEVENS. This amendment Commerce supporting this measure be- were ordered to be printed in the would affect the rates for carriers of all fore us. In 1995, the Journal of Com- RECORD, as follows: Government cargoes, not just the rates set for cargo preference on agricultural merce was purchased by the Econo- DEPUTY SECRETARY OF DEFENSE, mist, a British publication, and now in Washington, DC, April 9, 1996. cargoes. I remind my friends from Iowa, both of them, that we put $10 bil- 1996 we find that the Journal of Com- Hon. LARRY PRESSLER, lion into agricultural subsidies a year. merce is opposed to this measure be- Chairman, Committee on Commerce, Science, and Transportation, U.S. Senate, Wash- We are talking about here in this bill fore us. ington, DC. Mr. President, I ask unanimous con- reducing the cost of keeping this mer- DEAR MR. CHAIRMAN: I understand that the chant marine available for our Depart- sent that a letter dated May 2, 1996, Senate may consider H.R. 1350, the Maritime ment of Defense from $200 million a from Assistant Secretary of the Navy Security Act, in the very near future. I want year to $100 million. For 10 years we John W. Douglass supporting this to dispel any questions or concerns about the will get it to $100 million. measure be printed in the RECORD. position of the Department of Defense with Senator GRASSLEY’s plan is unneces- There being no objection, the letter respect to this legislation. The Department sary. Existing law already allows the was ordered to be printed in the of Defense supports fully H.R. 1350. the estab- military use of foreign-flag vessels if RECORD, as follows: lishment of a Maritime Security Force, par- ticularly, will greatly enhance the mainte- the U.S. carriers’ rates are excessive or THE ASSISTANT SECRETARY OF THE nance of an adequate sealift capability. otherwise unreasonable or if they are NAVY, RESEARCH DEVELOPMENT Thank you for the opportunity to com- higher than the charges for trans- AND ACQUISITION, ment. Washington DC, May 2, 1996. porting like goods for private persons. Sincerely, In terms of cargo preference, the law Hon. TRENT LOTT, JOHN WHITE. Seapower Subcommittee, Committee on Armed already provides the rates must be fair and reasonable for cargo preference. As Services, U.S. Senate, Washington, DC. THE SECRETARY OF TRANSPORTATION, DEAR SENATOR LOTT: During the recent Washington, DC, September 23, 1996. I stated Friday, this amendment will Senate Armed Services Committee Seapower Hon. DANIEL K. INOUYE result in the loss of the majority of the Subcommittee hearing on Navy Surface Ship U.S. Senate, Washington, DC. U.S.-flag fleet. We need that for na- Programs, you requested a review from the DEAR SENATOR INOUYE: At your request, I tional defense. Navy on the pending Maritime Reform and am writing to present the Administration I point out that during the Persian Security Act legislation. I have reviewed views on Senator Charles E. Grassley’s Gulf war, the charge for the foreign this bill, and strongly support the establish- amendments to H.R. 1350, the Maritime Se- ships averaged $174 per short ton and ment of an active fleet of militarily useful, curity Act of 1995. The Administration privately owned, U.S.-flagged vessels for our for the domestic fleet it averaged $122 strongly supports Senate passage of H.R. 1350 per short ton. We are preserving a mer- nation’s defense, and provisions that without amendment when the Senate votes strengthen our vital U.S. maritime indus- on this bill on September 24, 1996. Early en- chant marine fleet for our defense pur- trial base and Merchant Marine. actment of this legislation is important to poses. This bill is important in helping the U.S. national security. The Administration takes I move to table the Senator’s amend- maintain a strong and responsive defense no position on the merits of these amend- ment. posture. Through the Emergency Prepared- ments at this time. Mr. INOUYE. Mr. President, I move ness Program, the Navy will have access to The Office of Management and Budget ad- to table the Harkin amendment. vessels during times of war or national emer- vises that there is no objection, from the Mr. STEVENS. I ask for the yeas and gency thereby enhancing the readiness of our standpoint of the Administration’s program, seagoing forces. nays. to the submission of this report. I also view the Maritime Reform and Secu- The PRESIDING OFFICER. Is there a Sincerely, rity Act as important legislation in sup- sufficient second? There is a sufficient FEDERICO PEN˜ A. porting U.S. shipbuilders. First, the bill’s second. preference for including U.S.-built ships and The yeas and nays were ordered. the requirement to notify U.S. shipbuilders Mr. INOUYE. Mr. President, al- The PRESIDING OFFICER. The of the intent to contract for new construc- though the Harkin measure has much question is on agreeing to the motion tion work should help to promote the sta- merit, I must advise my colleagues to table the Harkin amendment. The bility of shipbuilders supporting the Navy. that we have not had a hearing on this yeas and nays have been ordered. The Second, the vessel eligibility provision set- measure. If that amendment is made clerk will call the roll. ting limits on the age of vessels in the fleet part of the bill, I feel that at this late- The bill clerk called the roll. will contribute to new construction orders ness it might be the death knell of the Mr. NICKLES. I announce that the and maintain a younger, safer fleet. Third, measure. So I move to table. the bill’s provisions that facilitate use of Senator from Colorado [Mr. CAMPBELL] Title XI loan guarantees is also important to Mr. STEVENS. I ask for the yeas and is absent due to illness. U.S. shipbuilders. nays. Mr. FORD. I announce that the Sen- It is paramount that U.S. shipbuilders cap- The PRESIDING OFFICER. Does the ator from Alabama [Mr. HEFLIN] is nec- ture a share of the world shipbuilding mar- Senator from Alaska yield his time? essarily absent.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11156 CONGRESSIONAL RECORD — SENATE September 24, 1996 The PRESIDING OFFICER. Are there year for the maritime fleet to provide The Federal debt is more that $5 tril- any other Senators in the Chamber de- sealift capacity in times of national lion. Five years ago, the debt was $3.6 siring to vote? emergency. Each vessel in the program trillion. Clearly, Government spending The result was announced—yeas 89, would receive $2.1 million per year for is out of control and Congress must nays 9, as follows: being enrolled in the program. This place priorities in the way it spends [Rollcall Vote No. 297 Leg.] does not include the additional moneys taxpayer dollars. Most families live YEAS—89 that may be paid in times of war. The under a budget. Most have a limited Abraham Frist McCain CBO estimates that the program will amount of resources that they must Akaka Glenn McConnell cost $782 million in the first 5 years, in- spend on food, clothing, shelter, and Ashcroft Gorton Mikulski cluding expenditures for the phasing the like. And many families have little Bennett Graham Moseley-Braun Biden Gramm out of the old system. left over for the extras in life. They Moynihan The bill has several problems. First, Bingaman Grams Murkowski don’t spend for every whim because Bond Grassley Murray it does not allow the United States to they know that they must stay within Boxer Gregg Nickles requisition subsidized U.S. ships in a their means. Why can’t Congress do the Bradley Hatch Nunn national emergency. It would allow same? Why can’t Congress spend the Breaux Hatfield Pell Bryan Helms U.S. flag-carriers to protect specific Pressler people’s money on core tasks only. Burns Hollings Pryor vessels from shipping materials to a Why can’t Congress forgo the extras? Byrd Hutchison Reid war zone. If commercial interests de- Chafee Inhofe It will take a colossal effort to con- Robb Coats Inouye termine which vessels go and when, we trol the Government’s debt. But every Cochran Jeffords Rockefeller should pay them on an as-needed basis. long journey begins with the first step. Roth Cohen Johnston We shouldn’t pay for a benefit we don’t I urge my colleagues to take that first Coverdell Kassebaum Santorum Craig Kempthorne Sarbanes receive. step and vote against this bill. I thank D’Amato Kennedy Shelby Second, the bill does not require the chairman and ranking member for Daschle Kerry Simpson those seafarers who are in the Mari- the opportunity to express my con- DeWine Kohl Smith time-Security fleet to serve when Dodd Kyl Snowe cerns. Domenici Lautenberg Specter called. During the Persian Gulf war, Mr. STEVENS. Mr. President, there Exon Leahy Stevens our country had to draw from a pool of are three votes remaining. One is the Faircloth Levin Thomas retired merchant mariners to care for Grassley amendment. There is a second Feingold Lieberman Thompson our fleet. That is wrong and it should Feinstein Lott Thurmond Grassley amendment, and then final Ford Lugar Warner be changed. passage, hopefully, on the bill. Frahm Mack Wyden Under this program, merchant mari- I ask unanimous consent—this has NAYS—9 ners can earn more money than their been cleared—that each of these votes military counterparts for war-time Baucus Conrad Kerrey be a 10-minute vote. Brown Dorgan Simon pay. The bill should be corrected to The PRESIDING OFFICER. Is there Bumpers Harkin Wellstone make merchant-mariners bonuses com- objection? NOT VOTING—2 mensurate with those of the Army, Without objection, it is so ordered. Navy, Air Force, and Marines. I have Campbell Heflin The yeas and nays have not been or- been told of one merchant mariner who dered. The motion to lay on the table the was paid thousands of dollars for a few AMENDMENT NO. 5393 amendment (No. 5396) was agreed to. months worth of service during the Mr. STEVENS. I move to table the TRIBUTE TO SENATOR SIMON Persian Gulf war. Most enlisted mili- Grassley amendment, and I ask for the Mr. DASCHLE. Mr. President, to say tary officers received far less than yeas and nays. that the senior Senator from Illinois, that. The PRESIDING OFFICER. Is there a Senator SIMON, has influenced us all is Finally, the bill must require those sufficient second? There is a sufficient an understatement. Our dress today is carriers who receive a taxpayer subsidy second. a recognition of his influence on all of to carry war materials into the war The yeas and nays were ordered. us and our great admiration for him zone. The maritime fleet must not be The PRESIDING OFFICER. The personally. allowed to drop off war materials to I would like to announce that fol- commercially convenient spots. If the question is on agreeing to the motion lowing the vote many of us will partici- taxpayers are paying for this service, of the Senator from Alaska to lay on the table the amendment of the Sen- pate in a tribute to Senator SIMON. I then it is our duty to ensure that they invite all of our colleagues to join Sen- receive what they are paying for. ator from Iowa. On this question, the yeas and nays have been ordered, and ator MOSELEY-BRAUN, Senator MACK, Mr. President, the defects of the bill and many of us in that tribute. We will are not figments of the imagination the clerk will call the roll. not do it now. We will do it later. In conjured up by a few budget hawks. The assistant legislative clerk called the meantime, we will all enjoy wear- The Vice President’s National Perform- the roll. ing these great bow ties. ance Review recommended that all Mr. NICKLES. I announce that the Mr. STEVENS. Mr. President, I move maritime subsidies be ended for a sav- Senator from Colorado [Mr. CAMPBELL] to reconsider the vote by which the ings of $23 billion over a 10-year period. is absent due to illness. motion was agreed to. The Department of Transportation’s Mr. FORD. I announce that the Sen- Mr. LOTT. I move to lay that motion inspector general concluded that the ator from Alabama [Mr. HEFLIN] is nec- on the table. entire Maritime Administration and essarily absent. The motion to lay on the table was all of its U.S.-flag subsidies should be The PRESIDING OFFICER. Are there agreed to. terminated. The Office of Management any other Senators in the Chamber Mr. KYL. Mr. President, I rise to sup- and Budget estimates that inter- who desire to vote? port the amendments being offered by national cargo preference laws will The result was announced—yeas 65, Senator GRASSLEY and to express my cost Federal Government agencies an nays 33, as follows: concerns about this bill. Members of additional $600 million in fiscal year [Rollcall Vote No. 298 Leg.] the 104th Congress have tried their best 1996. A November 1994 GAO report said YEAS—65 to eliminate pork-barrel spending and that cargo-preference policies support Akaka Cohen Feinstein corporate welfare. I believe we have at most 6,000 of the 21,000 mariners in Bennett Conrad Ford Biden Coverdell Frist made some progress, but clearly, as the U.S. merchant marine industry. Bingaman D’Amato Glenn this bill demonstrates, we have a long That is an annual cost of $100,000 per Boxer Daschle Gorton way to go. seafarer—at taxpayer expense. Addi- Bradley DeWine Graham I support the amendments offered by tionally, Citizens Against Government Breaux Dodd Harkin Bryan Domenici Hatch my colleague from Iowa because this Waste, the National Taxpayers Union, Byrd Dorgan Hatfield bill is nothing more than a taxpayer and Americans for Tax Reform are op- Chafee Exon Hollings subsidy. It authorizes $100 million per posed to the bill. Cochran Feingold Hutchison

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11157 Inouye Mack Santorum gram of keeping the merchant marine Today, we will vote for a program Jeffords Mikulski Sarbanes available for the United States in time which is an efficient and flexible policy Johnston Moseley-Braun Shelby Kennedy Moynihan Simon of emergency. It will cost $100 million that will allocate scarce public re- Kerrey Murkowski Snowe a year for 10 years under this bill, not sources in a responsible manner. Kerry Murray Specter $1 billion, as that article on your desks This program will also guarantee Lautenberg Nunn Stevens says; $100 million a year for 10 years. that our Nation will have trained Leahy Pell Thurmond Levin Reid I move to table this amendment and Americans to crew these vessels as well Warner Lieberman Robb Wyden ask for the yeas and nays. as the Department of Defense’s pre-po- Lott Rockefeller The PRESIDING OFFICER. Is there a sitioned and Ready Reserve Fleet. NAYS—33 sufficient second? This program will significantly re- Abraham Gramm McCain There is a sufficient second. duce the cost of the Federal maritime Ashcroft Grams McConnell The yeas and nays were ordered. operating assistance programs. We are Baucus Grassley Nickles The PRESIDING OFFICER. The talking about cutting the funding in Bond Gregg Pressler Brown Helms Pryor question is on agreeing to the motion half. Bumpers Inhofe Roth to lay on the table the amendment No. This program will eliminate outdated Burns Kassebaum Simpson 5394. The yeas and nays have been or- and unnecessary rules and regulations Coats Kempthorne Smith dered. The clerk will call the roll. which limits and restricts the ability Craig Kohl Thomas Faircloth Kyl Thompson The legislative clerk called the roll. of U.S. flag vessels to compete and Frahm Lugar Wellstone Mr. NICKLES. I announce that the modernize their fleets. Senator from Colorado [Mr. CAMPBELL] I want to take just a moment and NOT VOTING—2 is absent due to illness. recognize the hard work of Congress- Campbell Heflin Mr. FORD. I announce that the Sen- man HERB BATEMAN and Senators STE- The motion to lay on the table was ator from Alabama [Mr. HEFLIN] is nec- VENS, INOUYE, HOLLINGS and BREAUX. agreed to. essarily absent. This has been a real team effort. Mr. STEVENS. Mr. President, I move The PRESIDING OFFICER (Mr. These Members of Congress were ac- to reconsider the vote by which the DEWINE). Are there any other Senators tively involved in crafting and advanc- motion was agreed to. in the Chamber desiring to vote? ing this legislation. The journey for Mr. INOUYE. I move to lay that mo- The result was announced—yeas 50, maritime reform started over two dec- tion on the table. nays 48, as follows: ades ago. The motion to lay on the table was [Rollcall Vote No. 299 Leg.] This particular bill has been on a 9- agreed to. YEAS—50 year legislative trip with over 50 hear- Mr. STEVENS. Mr. President, may Akaka Ford McCain ings. Its time has come. we have order now? We have one more Bennett Frist Mikulski I also want to recognize the work of vote. Biden Glenn Moseley-Braun staff who assisted the process: Rusty Bingaman Gorton Moynihan Johnston, Jim Schweiter, and Bob AMENDMENT NO. 5394 Breaux Graham Murray Brauer of the House’s National Secu- The PRESIDING OFFICER. Under Bryan Hatfield Pell the previous order, there will be 1 Chafee Hollings Pryor rity Committee; Earl Comstock of Sen- Cochran Inouye Reid ator STEVEN’s staff; Jim Sartucci and minute for the proponents of the Cohen Jeffords Robb amendment and 1 minute for opponents Coverdell Johnston Carl Bentzel of the Senate’s Commerce Rockefeller D’Amato Kennedy Committee; and Margaret Cummisky of the amendment, followed by a vote. Sarbanes Daschle Kerrey NOUYE The Senator from Iowa. Specter of Senator I ’s staff. DeWine Leahy The full Senate has devoted nearly Mr. GRASSLEY. Mr. President, my Dodd Levin Stevens amendment says that H.R. 1350 sub- Dorgan Lieberman Thurmond two full days for a spirited dialogue on sidies, and that is $1 billion in total, Exon Lott Wellstone this legislation. And, the Senate has Wyden cannot be used for campaign contribu- Feinstein Mack considered a wide range of amend- tions, cannot be used for lobbying and NAYS—48 ments. The bill is ready for vote on cannot be used for so-called public edu- Abraham Frahm Lugar final passage. cation. Congress has supported similar Ashcroft Gramm McConnell I stand here today on the Senate Baucus Grams Murkowski restrictions on different bills and pro- Floor and proudly ask my colleagues to Bond Grassley Nickles support the Maritime Security Pro- grams in the past, but we have no such Boxer Gregg Nunn restrictions for this $1 billion subsidy Bradley Harkin Pressler gram to guarantee that our Nation will Brown Hatch Roth have the nucleus of a modern, mili- in this bill. Bumpers Helms Santorum It was suggested last week that we tarily useful active commercial vessels Burns Hutchison Shelby sailing under the American flag. provide for this. It could be done by a Byrd Inhofe Simon This vote will ensure that whenever line item. If that is what is wanted, Coats Kassebaum Simpson Conrad Kempthorne Smith the United States decides to project then I suggest to the proponents to put Craig Kerry Snowe American forces overseas for either an that in the bill, but it isn’t in the bill. Domenici Kohl Thomas emergency or national defense, there So, consequently, I think we should Faircloth Kyl Thompson will be a maritime lifeline. I firmly be- make sure we don’t allow these funds Feingold Lautenberg Warner lieve that Congress has a duty and re- to be back-doored by the Maritime Ad- NOT VOTING—2 sponsibility to guarantee that a real ministration for campaign contribu- Campbell Heflin and viable maritime lifeline is main- tions and for lobbying. Without this re- The motion to lay on the table the tained and provided. striction, that is not certain. amendment (No. 5394) was agreed to. We are the world’s only remaining I yield back the remainder of my Mr. STEVENS. I move to reconsider superpower and we have global inter- time. the vote. ests and responsibilities. A healthy The PRESIDING OFFICER. The Sen- Mr. INOUYE. I move to lay that mo- maritime community is essential for ator from Alaska. tion on the table. The motion to lay on this role. Mr. STEVENS. Mr. President, there the table was agreed to. I stand here today representing a bill is a Corrupt Practices Act. As a matter Mr. LOTT. Mr. President, America that enjoys wide and deep bipartisan of fact, the $10 billion paid out of agri- has relied upon its merchant marine, support. It deserves your support and cultural subsidies has no similar provi- ports and maritime industries for both your vote. sion. This amendment is unnecessary. trade and defense since colonial days. The PRESIDING OFFICER. The It is a killer amendment trying to con- Today, we will vote to ensure that clerk will read the bill for the third vince Members to vote for amendments America will continue its maritime time. so the bill will go back to the House community into the 21st century. The bill was read the third time. and die. Today, we recognize that America as Mr. STEVENS addressed the Chair. The purpose of this bill is to save $100 a nation must make an investment in The PRESIDING OFFICER. The Sen- million a year and to continue the pro- its maritime infrastructure. ator from Alaska.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11158 CONGRESSIONAL RECORD — SENATE September 24, 1996 Mr. STEVENS. My information is, great Senator from Hawaii, Senator We all wish Jan well as she retires this is the last vote. After that last INOUYE. They have done yeoman’s work from the Senate. I know I speak, not courageous vote, I hope that all Mem- on this bill and bills last week. So we only for our colleagues, but for our bers will remember this is national de- are looking for another hard job for spouses as well, in wishing she were fense—national defense—keeping ships them to do that we will call on them to not leaving us. available for emergencies, saving $100 do before this week it out. Thank you We will miss her greatly. million a year. I urge the Senate to very much for getting this bill passed. And some of us will be sure to get her vote positively on this bill. I ask for f forwarding number in the confident as- the yeas and nays. surance that, when we run into a par- JAN PAULK The PRESIDING OFFICER. Is there a ticularly difficult problem, she will sufficient second? There is a sufficient Mr. LOTT. Mr. President, in the still be ready to lend a hand. second. weeks ahead, as the 104th Congress I want to take this opportunity to The yeas and nays were ordered. comes to a close, we will be paying thank her, both for Tricia and myself, The PRESIDING OFFICER. The bill tribute to several of our colleagues, not just for her years of service, but for having been read the third time, the from both sides of the aisle, who, for her calm in the face of crisis, her question is, Shall the bill pass? The one reason or another, will be leaving cheerfulness in the face of gloom, and yeas and nays have been ordered. The the Senate at the end of this year. But for the way she gave real meaning and clerk will call the roll. it is not only our fellow Members who spirit to what we call the Senate fam- The assistant legislative clerk called will be missed. ily. the roll. The Senate will soon lose one of its Mr. DASCHLE. Mr. President, I rise Mr. NICKLES. I announce that the longest-serving staffers, someone who to say thank you to a woman who has Senator from Colorado [Mr. CAMPBELL] has become a veritable institution been a good friend of the Senate, a is absent due to illness. within this institution. good friend to Linda and me, and most Mr. FORD. I announce that the Sen- I am referring to Jan Paulk, our Di- importantly a good ambassador for our ator from Alabama [Mr. HEFLIN] is nec- rector of Interparliamentary Services. country, Jan Paulk. essarily absent. She has held that position since it was Fifteen years ago, when then major- The PRESIDING OFFICER. Are there first created in 1981, and her exemplary ity leader Howard Baker created the any other Senators in the Chamber de- performance in that post has defined Senate’s Office of Interparliamentary siring to vote? its role in the life and the activities of Services, he asked Jan to head it. She The result was announced—yeas 88, the Senate. has been doing that job and doing it nays 10, as follows: Jan came to the Senate from Russell- well ever since. You might say Jan is [Rollcall Vote No. 300 Leg.] ville, AR, a graduate of the University the Senate’s youngest institution. I am sure I speak for all of my col- YEAS—88 of Arkansas, and joined the staff of the Foreign Relations Committee under its leagues when I say we will miss Jan’s Abraham Feinstein Mack professionalism when she leaves us Akaka Ford McCain then chairman, William Fulbright. Ashcroft Frahm McConnell Her background in international soon to take on a new challenge as Baucus Frist Mikulski matters made her a natural to head up head of Tulane University’s new Asia Bennett Glenn Moseley-Braun our office of Interparliamentary Serv- Foreign Leadership Program. Biden Gorton Moynihan Jan grew up in Russellville, AR, pop- Bingaman Graham ices. Murkowski In that capacity, she has been re- ulation 8,000. She first came to Wash- Bond Gramm Murray Boxer Gregg ington as a high school senior. She had Nunn sponsible for the administrative, finan- Bradley Harkin Pell cial, and protocol aspects of all our won an essay contest at her high Breaux Hatch school. First prize was a trip to Wash- Brown Hatfield Pressler interparliamentary conferences. She Bryan Helms Pryor has overseen all of the Senate’s delega- ington and $100 in spending money. She Bumpers Hollings Reid tions traveling abroad with leadership knew the first time she saw Wash- Byrd Hutchison Robb ington that she wanted to make a ca- Chafee Inhofe Rockefeller authorization. Cochran Inouye Santorum In short, she has been the Senate’s reer here in Government. She did re- Cohen Jeffords Sarbanes combination of travel office and De- turn after college to work for Senator Conrad Johnston Shelby partment of State, part tour guide, William Fulbright, first as a file clerk Coverdell Kassebaum Simon and then an assistant scheduler. She Craig Kempthorne Simpson part Chief of Protocol, part guardian D’Amato Kennedy Smith angel to congressional families over- left Washington briefly to earn a mas- Daschle Kerrey Snowe seas. ter’s degree in theater from Columbia DeWine Kerry Specter Most Members of the Senate will University. To anyone who mistakenly Dodd Kohl Stevens have their own memories of Jan’s help- suggests that theater was a successful Domenici Lautenberg Thurmond Dorgan diversion, Jan is quick to point out Leahy Warner fulness and thoroughness. Exon Levin Wellstone When things have gone smoothly for that there is a lot of theater in poli- Faircloth Lieberman Wyden us at an international conference, we tics. Feingold Lott knew it was because of her meticulous Jan returned to the Senate in 1971 as NAYS—10 planning. And when an unforeseen editor for the Senate Foreign Relations Burns Kyl Thomas problem arose, we knew we could count Committee and spent 3 years editing Coats Lugar Thompson on her combination of tact and tough- the landmark war powers hearings. Grams Nickles Grassley Roth ness to straighten it out. In 1974, she was put in charge of trav- Jan has helped to plan countless vis- el and protocol for the committee, and NOT VOTING—2 its to the Capitol by heads of state and in 1981, when Senator Baker created Campbell Heflin heads of government. the Office of Interparliamentary Serv- The bill (H.R. 1350) was passed. As every Senator knows, these are ices to handle those same functions for Mr. STEVENS. Mr. President, I move not merely ceremonial affairs. They the entire Senate, he asked Jan to head to reconsider the vote. usually involve extremely serious mat- it. As director of Interparliamentary Mr. LOTT. I move to lay that motion ters of international commerce and di- Services, Jan has overseen the Senate’s on the table. plomacy. official foreign travel—a tough job that The motion to lay on the table was They can advance, or retard, our requires the stamina of an advance per- agreed to. country’s interests abroad, and are an son, the poise of an Ambassador. The PRESIDING OFFICER. The ma- important part of the Senate’s special She and her small IPS staff handle jority leader. constitutional role in our Nation’s for- every detail, from arranging the trans- Mr. LOTT. Mr. President, once again eign policy. portation to coordinating with host I want to commend two of the most To put this tactfully, such visits are governments to making sure Senators outstanding bill managers we have in not always easy to arrange, but we understand local customs. the U.S. Senate, the great Senator could always rely on Jan to smooth Jan’s work has taken her to more from Alaska, Senator STEVENS, and the things out before they could get rocky. than 100 countries in every continent

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11159 on Earth where she has represented not He is a very thoughtful Senator. This Mr. LOTT. I object to further consid- only this body but this Nation as well. was just a little bit of levity today, as eration of the bill at this time. She visited the former Soviet Union in we all wore our bow ties in honor of The PRESIDING OFFICER. The bill 1975 with Senators Hubert Humphrey PAUL SIMON. But it was a great symbol will be placed on the Calendar of Gen- and Hugh Scott, the first time a con- of affection that we have for a Senator eral Orders. gressional delegation had ever visited we have enjoyed so much, and who we f the Soviet Union at the invitation of will miss as he goes back to Illinois. MEASURE PLACED ON THE CAL- the Supreme Soviet. f ENDAR—SENATE JOINT RESOLU- She visited China in 1979 with Sen- TION 63 ators Frank Church and Jacob Javits. MORNING BUSINESS She visited the gulf states just before Mr. LOTT. Mr. President, I now ask The PRESIDING OFFICER. The the gulf war, and she returned just unanimous consent that there be a pe- clerk will read the joint resolution for after the war while oilfields were still riod for the transaction of morning the second time. burning. And in June 1994, Jan coordi- business, with Senators permitted to The legislative clerk read as follows: nated the largest ever overseas delega- speak for up to 5 minutes each. A joint resolution (S.J. Res. 63) making tion when 22 Senators traveled to Nor- The PRESIDING OFFICER. Without continuing appropriations for the fiscal year mandy to commemorate the 50th anni- objection, it is so ordered. ending September 30, 1997, and for other pur- poses. versary of D-day. f One trip I will always remember is Mr. LOTT. I object to further consid- the trip to Bosnia last April when Jan MEASURE READ THE FIRST eration of the joint resolution at this TIME—SENATE JOINT RESOLU- arranged for me and Senators HATCH time. TION 63 and REID to attend functions and to The PRESIDING OFFICER. The joint visit the land that we had not yet vis- Mr. LOTT. Mr. President, I send a resolution will be placed on the Cal- ited following the war. We went to as- joint resolution to the desk, which is a endar of General Orders. sess progress in implementing the Day- continuing resolution containing ap- f propriations for Defense, Foreign Oper- ton peace accords. What promised from UNANIMOUS-CONSENT AGREE- ations, Treasury-Postal, Labor-HHS, the start to be a difficult trip became MENT—CONFERENCE REPORT TO Interior and Commerce, State, Justice. immeasurably more difficult the morn- ACCOMPANY VA–HUD APPRO- I ask its first reading. ing we were to leave when the plane PRIATIONS BILL carrying Secretary Ron Brown and 34 The PRESIDING OFFICER. The others slammed into the ground in clerk will read the bill for the first Mr. LOTT. Mr. President, I ask unan- Dubrovnik. time. imous consent that once the Senate re- Jan’s professionalism helped us get The legislative clerk read as follows: ceives from the House the conference through that trip. And in caring on, we A joint resolution (S.J. Res. 63) making report to accompany the VA–HUD ap- were able to show the world that Amer- continuing appropriations for the fiscal year propriations bill that the conference ica’s commitment to peace in the ending September 30, 1997, and for other pur- report be considered and agreed to, the former Yugoslavia is unwavering. poses. motion to reconsider be laid upon the Closer to home, she has helped wel- Mr. LOTT. I now ask for the second table, and any statements in connec- come every head of State who has vis- reading of the joint resolution and, on tion with the conference report be ited the Senate over the last 19 years. behalf of my Democratic colleagues, I printed in the RECORD. In her 27 years in the Senate, Jan object. The PRESIDING OFFICER. Without Paulk has worked for Democrats and The PRESIDING OFFICER. Objec- objection, it is so ordered. she has worked for Republicans. She tion is heard. Mr. BOND. Mr. President, it is my has served both with equal profes- Mr. LOTT. Mr. President, I believe pleasure to present to the Senate the sionalism and skill. Most of all, she has the resolution will be set aside and conference agreement on the VA, HUD, served her Nation, and, for that, we are read a second time on the next legisla- and independent agencies appropria- all grateful. Linda and I and all of our tive day, is that correct? tions bill for fiscal year 1997. I’m espe- colleagues, I know, wish Jan the very The PRESIDING OFFICER. The Sen- cially pleased that this final step in best in her new challenge. ator is correct. congressional consideration of this measure is occurring prior to start of Mr. President, I yield the floor. f f the fiscal year. Furthermore, we an- ADJOURNMENT ticipate this measure will be sepa- TRIBUTE TO SENATOR PAUL Mr. LOTT. Mr. President, I now ask rately signed into law and not become SIMON unanimous consent the Senate stand in part of another continuing resolution, Mr. LOTT. Mr. President, I know adjournment for 1 minute and, upon re- which has become quite a distinction others will be commenting on this convening, the Journal of proceedings for a major appropriations bill in this later on, but I was delighted to be one be deemed approved to date, the morn- Congress. of those who wore a bow tie this after- ing hour be deemed to have expired, I would note that it is especially crit- noon in honor of our great friend and and the time for the two leaders be re- ical that we enact this bill imme- great Senator from the State of Illi- served for their use later in the day. diately to avoid potential delays in nois. The bow tie has sort of become There being no objection, at 6:36 processing of veterans disability com- his symbol, but he also is just one of p.m., the Senate adjourned until 6:37 pensation and pension checks. In addi- the finest Senators, one of the finest p.m. the same day. tion, prompt enactment is necessary to men that we have serving in the U.S. The Senate met at 6:37 p.m., and was prevent potential disruption in other Senate. called to order by the Honorable MIKE critical governmental functions such I have enjoyed working with him DEWINE, a Senator from the State of as the sale and processing of Federal over many years. I have served with Ohio. flood insurance policies and financing him here in the Senate. I have been on f of VA and FHA mortgages. committees with him. I have found him Mr. President, much of the recent at- to be a Senator who will stand for prin- MEASURE PLACED ON THE tention paid to this bill has been over ciple, and sometimes that means stand- CALENDAR—SENATE BILL 2100 disposition of the three major health ing with Members of the Senate on the The PRESIDING OFFICER. The issues riders added during Senate floor other side of the aisle. He truly will be clerk will read the bill for the second debate: the Domenici-Wellstone mental missed as he goes back to his beloved time. health parity provision; the Bradley- State of Illinois. I am sure he will do The legislative clerk read as follows: Frist maternity health care amend- many, many productive things in the A bill (S. 2100) to provide extension of cer- ment; and the spina bifida VA entitle- future as he has in the past, as Lieu- tain authority for the Marshal of the Su- ment. While our appropriations con- tenant Governor of his State. preme Court and the Supreme Court Police. ferees can’t take credit for it, we are

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11160 CONGRESSIONAL RECORD — SENATE September 24, 1996 nonetheless pleased that at our urging this critical legislation no later than families. Unless Congress acts to re- the House and Senate legislative com- today, September 25, these additional duce the excessive debt of this housing mittees of jurisdiction, on a bipartisan funds will ensure that veterans will re- inventory, along with implementing basis, worked out agreements on these ceive their September checks on time. other management improvements, very substantial policy issues which Delays may result in veterans checks there could be massive defaults and are incorporated in our conference being late. widespread resident displacement. agreement. Moreover, at our urging, For EPA, a total of $6.7 billion is in- The complexity and difficulty of de- each of these legislative proposals now cluded—$184 million more than the fis- veloping a consensus on these issues have delayed effective dates which per- cal year 1996 amount. This includes ap- are substantial. Project owners, includ- mit a final legislative review in the proximately $2.9 billion in funds for the ing limited and general partners, next session of Congress, prior to im- States—of which $1.9 billion is for project managers, residents, State plementation. State revolving funds for drinking housing finance agencies, local commu- Mr. President, beyond serving as a water and wastewater infrastructure— nity development organizations, bond vehicle for these major health policy fully funded at the President’s request holders, and municipal governments provisions, the underlying measure is level. It also provides the President’s are among those with significant inter- itself the largest non-defense discre- full request of $1.394 billion for Super- ests in how we address this issue. These tionary appropriations bill, with nearly fund, to ensure site cleanups are not interests, however, frequently are di- a third of the Government-wide total. slowed despite the need to reform the vergent and competing. Of course, we Its critical role in establishing pro- program. must also be mindful of the billions of gram levels and direction for the envi- Despite the very compelling argu- taxpayers dollars previously invested ronment, housing and community de- ments made by some members, the in this multifamily housing inventory, velopment, veterans health programs, conference agreement does not include and the billions more which are at risk over the next several years depending and science and technology is the rea- so-called riders in EPA in view of our on which policies and financing mecha- son why Congress and the White House desire to keep this legislation as free of nisms we select to deal with these took so long to reconcile our dif- controversy as possible. For FEMA disaster relief, the con- issues. ferences during this past year. The conference agreement reflects These are major funding issues which ference agreement provides $1.32 bil- our attempt at finding a reasonable reflect profound policy disagreements. lion—all of which would become avail- balance between these sometimes con- None of us, however, want to repeat the able immediately—to meet the needs flicting concerns. We cannot afford long delays and frustrations we experi- arising from hurricanes Fran and continuing to pay excessive subsidies Hortense, and other disasters currently enced during the past year of being un- for these multifamily housing projects, on the books. These funds, in addition able to enact this critical funding even those which provide very good to the $3.7 billion in previously appro- measure. We have attempted to avoid housing for low income families. And priated disaster relief funds currently reopening past disagreements and con- some portions of this inventory are lit- available for obligation, obviate the troversies which blocked this bill last tle more than the slums they were in- need for a supplemental appropriation year. tended to replace. The conference rec- Our effort to facilitate this measure for disaster relief at this time. ommendation is not a comprehensive The conference agreement includes a has meant that this bill, in a number of solution. It simply is an attempt to 1-year extension for FEMA’s flood in- respects, reflects funding levels and deal with these issues in that fraction surance program—so that there is no policies which are compromises be- of the multifamily inventory that have lapse in FEMA’s ability to write flood tween very different viewpoints. One section 8 contracts which expire during insurance policies and carry out the example is the inclusion of funds at the fiscal year 1997. We are acting solely flood mapping program. After the re- 1996 enacted level for the Corporation because affirmative action is required cent hurricane disasters, many home- for National and Community Service. I, to prevent defaults and potential resi- and many others, continue to have owners are only too familiar with how dent displacement during the fiscal strong reservations about this pro- critical this program is. year. gram, but there is no doubt that failure For the Department of Housing and I want to thank the Senator from Or- to fund it would result in a Presi- Urban Development, the conference egon, chairman of our full Appropria- dential veto. So despite our misgivings, recommendation continues the policies tions Committee, for his support and this conference agreement maintains and programmatic reforms enacted last assistance during our consideration of the current level of funding for this year. It was a major disappointment this bill. Changes in our budget alloca- program, which continues to be more that Congress was unable to enact a tion, made on his recommendation, en- than I believe warranted, but less than comprehensive public and assisted abled us to provide funding to reduce what is requested by the White House. housing reform authorization bill. This the potential for displacement of low- The House agreed with this position of appropriations bill, however, contains income families from currently sub- the Senate, despite their previous op- temporary extensions of provisions sidized housing. With this allocation position to providing any funding for needed to halt the ever-increasing cost we were also able to restore funding for continuing this program. of housing subsidy commitments and the Community Development Block With respect to other agencies funded to continue progress in reforming Grants program [CDBG] at the full cur- in this bill, the conference agreement wasteful and ineffective housing and rent fiscal year 1996 funding level of attempts to balance a wide variety of community development programs. $4.6 billion, and not withhold $300 mil- competing interests within a very con- Equally important, this bill restruc- lion from obligation as was proposed in strained budget allocation. tures funding of Department of Hous- the House-passed bill. The conference agreement provides ing and Urban Development to elimi- Mr. President, it is very unfortunate $17.013 billion for veterans medical nate bureaucratic overlap and promote that the Senator from Oregon is retir- care—an increase of $5 million above local flexibility and decision making. I ing from the Senate since the funding the President’s request and $450 million hope that the authorizing process will requirements necessary to maintain above the 1996 level. This account re- pickup where they left off this year and subsidized housing are expected to ceived the highest priority in the legis- expeditiously enact these reforms as grow even larger over the next several lation, and hence the largest increase. permanent legislative changes. years, and his appreciation of the im- The amount provided will ensure that Similarly, this appropriations bill portance of this investment will be VA will continue to provide care to the contains multifamily housing restruc- sorely missed. I would note, however, 2.8 million veterans currently receiving turing proposals which were under con- that with his help we have been able to VA medical services. sideration by the authorizing com- begin weaning this inventory of hous- The conference agreement also in- mittee. We cannot afford to continue ing from its continued dependence on cludes $100 million in 1996 supplemental the excessive subsidies currently being heavy Federal subsidies. appropriations for veterans compensa- paid to sustain this inventory of nearly The conference agreement for NASA tions and pensions. If the Senate passes a million apartments for low-income totals $13.7 billion, an increase of $100

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11161 million over the House—and adopts the budget authority, this is one of the As you can see, this bill is about Senate-passed restoration of funds for largest and most diverse appropria- more than just agencies and programs the Mission to Planet Earth program tions measures we must consider. and budget authority: it is about real to study global climate change. The I am particularly pleased by our abil- people. The bill provides $39.2 billion conference agreement also incor- ity to achieve compromise on many for the Department of Veterans Affairs, porates buyout legislation necessary to complicated issues as we worked out including $17.3 billion for veterans facilitate reductions in staffing with- this agreement with our colleagues in health care, and $20.4 billion for vet- out resorting to very disruptive reduc- the House. This bill funds a tremen- erans benefits. It ensures that promises tions-in-force [RIF’s]. Also included is dous diversity of agencies and pro- made are promises kept to our Nation’s transfer authority, similar to that en- grams. It is a challenge every year to veterans. acted last year, which provides NASA develop a passable, signable bill that The bill provides HUD with $19.5 bil- the flexibility to redirect funding with- addresses a variety of concerns from all lion, including full funding, at $4.6 bil- in the $2.1 billion total provided for the Members of Congress and the American lion, for community development block space station in order to avoid costly people. By accepting our differences on grants. This money is used to provide delays or schedule slips. many of the issues that plagued the real economic opportunities for people Mr. President, after making adjust- VA–HUD and independent agencies ap- trying to help themselves—in places ments for the necessary replenishment propriations bill last year, and prohib- like Baltimore, Houston, and Charles- of the FEMA disaster relief account iting environmental riders, we have ton, SC. It funds the President’s re- and for enactment of housing legisla- avoided being included in an omnibus quest for housing for people with tive savings, the net increase in actual continuing resolution, and Mr. Presi- AID’s, providing desperately needed appropriated program levels is only $84 dent, to the credit of all involved, we housing for people living with AID’s. The bill continues a significant FHA million, or just one-tenth of one per- have a signable bill. multifamily housing mark-to-market cent over the previous year. While an Mr. President, I would like to second demonstration program. While taking aggregate freeze, the total reflects the urging of Chairman BOND that we on such an ambitious authorization ef- some substantial increases offset by move forward with this bill imme- fort for reforming the assisted housing commensurate decreases for several of diately. We need to avoid potential program may be beyond the call of our agencies. The biggest increase, $569 delays in processing of veterans dis- duty for the Appropriations Com- million, was provided for discretionary ability compensation and pension mittee, this provision is the necessary programs of the Department of Vet- checks as well as Federal flood insur- first step toward reducing the excessive erans Affairs. The only other agencies ance policies. Both matters are ad- debt of the assisted housing inventory to receive significant increases were dressed in supplemental legislation in- while avoiding putting families out on the Environmental Protection Agency, cluded in the fiscal year 1997 VA–HUD the street. This bill creates opportuni- with an $184 million increase, and the appropriations bill. ties for the poor—but not hollow oppor- National Science Foundation which re- Mr. President, as you know, this bill tunities. Instead it reaffirms proper ceived $50 million more than last year. contains funding for a diverse group of oversight of our Nation’s housing pro- These increases were offset by cuts of Federal agencies and programs. Yet it grams, while avoiding new and ex- $625 million in HUD, and $200 million in also contains three important health panded liabilities for the taxpayer. care provisions first proposed by the NASA. In addition, the bill continues to Finally, I want to express my appre- Senate and agreed to by the con- streamline the management of the En- ciation to the Senator from Maryland ference. vironmental Protection Agency and en- for her assistance and cooperation in I am a proud cosponsor of a measure courages EPA to prioritize, focusing its putting together this bill. We con- introduced by Senator DASCHLE to ex- resources on those problems that pose fronted major challenges, not only due tend benefits to children of Vietnam the highest risk to human health and to the complexity of some of the pro- veterans exposed to agent orange who the environment. The EPA is provided grammatic and budgetary issues within have spina bifida. This will provide $6.7 billion, which is $185 million more our jurisdiction, but also in dealing needed support for our veterans’ chil- than last year. The money will be used with some very sensitive policy con- dren and their families. I would note to to ensure that people across this Na- cerns of a legislative nature. And, as Senator’s DASCHLE’s credit, that this tion breathe clean air and drink clean has become an annual concern, we have provision passed overwhelmingly in the water. Unfortunately, due to limited had to deal with daunting budgetary Senate, as did the motion to accept it resources, the bill does not provide the constraints. She has been invaluable in in the House. President’s full request for environ- guiding this difficult bill through some Second, our bill includes Senator mental programs. In particular, I am contentious points in the Senate and in BRADLEY’s newborns health provision, concerned about reductions in pro- conference. Amid the wide ranging which prevents ‘‘drive-through’’ baby grams like Boston Harbor, Montreal issues and concerns we have dealt with deliveries. Because of this bill, devel- Protocol, Climate Change, and the En- in consideration of this bill, she has oped with Senator FRIST, insurance vironmental Technologies Initiative. been steadfast in her determination to companies will no longer be able to But we did the best we could with the get our task accomplished. I am very force mothers out of the hospital in resources we had available. grateful for all her help. less than 48 hours after delivery. This The bill restores the fiscal year 1996 Mr. President, I would also like to is an important measure impacting $1 billion recision from the FEMA dis- thank the many staff members who every American family. aster relief fund and makes the funds also have made a major contribution to Third, Senators WELLSTONE and available immediately. This will help consideration of this bill: Sally DOMENICI’s mental health provision families and communities devastated Chadbourne, Catherine Corson, David prevents discrimination against people by hurricanes, floods, and other disas- Bowers, and Liz Blevins on the minor- with mental illness. When this bill ters. This is real help for real people, ity side; and Stephen Kohashi, Carrie passes, insurance companies that pro- from North Carolina to Maryland to Apostolou, Julie Dammann, Jon vide coverage for mental health will California. Kamarck, and Lashawnda Leftwich on have to offer the same lifetime cap as I am particularly pleased that this our side. they do for other illnesses. We have bill maintains funding for the Corpora- Ms. MIKULSKI. Mr. President, I am heard here on the Senate floor stories tion for Community and National Serv- happy to join my distinguished col- from Senators about families dev- ice at $402.5 million. National service league, the Senator from Missouri, to astated by insurance discrimination. creates an opportunity structure—com- offer for Senate consideration the fis- Mr. President, the three provisions munity service in exchange for a col- cal year 1997 conference report for the provide real answers to real problems lege education. It encourages vol- VA–HUD and independent agencies ap- faced by the American public. They are unteerism and rekindles habits of the propriations bill. With $84.7 billion in important components of the health heart. It fosters the spirit of neighbor spending—$20.3 billion in mandatory care initiatives that this administra- helping neighbor that made our coun- spending and $64.3 in discretionary tion has worked so hard to carry out. try great. National service is about

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11162 CONGRESSIONAL RECORD — SENATE September 24, 1996 real people offering real help to real Liz Blevins, as well as the majority the consideration of Senate Resolution communities. staff, Stephen Kohashi, Carrie 299 which is at the desk, reauthorizing This bill also provides additional Apostolou, and Lashawnda Leftwich. I the Senate Arms Control Observer funding for the consumer agencies, in- would also like to thank the members Group, the resolution be agreed to, and cluding $42.5 million for the Consumer of my personal office staff and those on the motion to reconsider be laid upon Product Safety Commission and $2.3 Senator BOND’s staff who worked so the table, all without further action or million for the Consumer Information hard to help us get through this con- debate. Center. This is $200,000 more than the ference. The PRESIDING OFFICER. Without President’s request. f objection, it is so ordered. Mr. President, I am concerned that The resolution (S. Res. 299) was funding for NASA is $100 million below DESIGNATING ROOM S. 131 IN THE agreed to, as follows: CAPITOL AS THE MARK O. HAT- the President’s request. I am concerned S. RES. 299 that space programs are taking a beat- FIELD ROOM Resolved, That subsection (a) of the first ing. Reductions in our space budget Mr. LOTT. Mr. President, I ask unan- section of Senate Resolution 149, agreed to and our uncertainty about NASA out- imous consent the Senate turn to Sen- October 5, 1993 (103d Congress, 1st Session), is year numbers jeopardize ongoing com- ate Resolution 298, submitted by Sen- amended by striking ‘‘until December 31, mitments, as well as our ability to ator BYRD and others, the resolution be 1996’’ and inserting ‘‘until December 31, 1998’’. fund new and innovative space science deemed agreed to, the motion to recon- programs. sider be laid upon the table, all without f Together with the administration, I further action or debate. ORDERS FOR WEDNESDAY, plan to discuss the future of our space The PRESIDING OFFICER. Without SEPTEMBER 25, 1996 objection, it is so ordered. programs at a national space summit, Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. I ask unanimous consent to be held in December. I urge my col- imous consent that when the Senate that all Senators be added as cospon- leagues to join the discussions that completes its business today, it stand will take a critical look at how to sors to this resolution. The PRESIDING OFFICER. Without in recess until the hour of 9:30 a.m., maintain our preeminent space pro- Wednesday, September 25; further, that gram, despite huge cutbacks in the objection, it is so ordered. The resolution (S. Res. 298) was immediately following the prayer the overall budget. Journal of proceedings be deemed ap- Fortunately Mission to Planet Earth agreed to. The preamble was agreed to. proved to date, the time for the two was spared the cut it took in the origi- The resolution, with its preamble, leaders be reserved, and there then be a nal House bill. Mission to Planet Earth reads as follows: period for the transaction of morning data will be used to help prepare our S. RES. 298 business not to extend beyond the hour communities to deal with natural dis- Whereas Senator Mark O. Hatfield, the son of 12 noon with Senators permitted to asters, such as the recent Hurricane of Charles Hatfield (a railroad construction speak for not more than 5 minutes each Fran which negatively affected thou- blacksmith) and Dovie Odom Hatfield (a with the following exceptions for times sands of people’s lives. Mission to Plan- school teacher), upon the completion of the designated: Senator FAIRCLOTH, 10 min- et Earth will also give our fishermen 104th Congress, will have served in the utes; Senator THOMAS, 30 minutes; Sen- United States Senate with great distinction better tools to sustain their livelihood ator DASCHLE or his designee, 30 min- and help our farmers decide what and for 30 years; Whereas Senator Mark O. Hatfield is the utes; Senator MURRAY, 10 minutes; when to plant their crops. Senator KENNEDY, 30 minutes; and Sen- This bill also helps NASA employees longest serving United States Senator from Oregon; ator REID, 15 minutes. and their families. It provides NASA Whereas Senator Mark O. Hatfield serves The PRESIDING OFFICER. Without employees buyout authority. We expect on the Committee on Energy and Natural objection, it is so ordered. the buyout authority to reduce the im- Resources, the Committee on Rules and Ad- Mr. LOTT. I further ask unanimous pact of downsizing on people’s lives. ministration, the Joint Committee on the consent that at the hour of 12 noon the Furthermore, the bill protects the jobs Library, and the Joint Committee on Print- Senate proceed to executive session to ing; for the eastern shore of Maryland at begin consideration of Calendar No. 23, Wallops Island. Whereas Senator Mark O. Hatfield serves as Chairman of the Committee on Appropria- the International Natural Rubber Mr. President, this bill is about more tions and has provided for the development Agreement as under a previous order. than just programs and budget author- of major public works projects throughout The PRESIDING OFFICER. Without ity. This bill streamlines the Federal the State or Oregon, the Pacific Northwest, objection, it is so ordered. Government, yet it protects jobs. This and the rest of the Nation; f bill provides important health benefits Whereas Senator Mark O. Hatfield has con- for mothers and babies, new benefits stantly worked for what he calls ‘‘the des- PROGRAM for veterans, and housing for low-in- perate human needs in our midst’’ by striv- Mr. LOTT. Tomorrow, there will be a ing to improve health, education, and social come families. It maintains our global service programs; period for morning business to accom- scientific leadership, and prioritizes Whereas Senator Mark O. Hatfield has modate a number of requests from Sen- our environmental programs. It pro- earned bipartisan respect from his Senate ators. At noon, the Senate will con- tects our drinking water and teaches colleagues for his unique ability to work sider the natural rubber agreement. our children the art of community across party lines to build coalitions which However, it is my understanding that a service. From children born with spina secure the enactment of legislation; and rollcall vote will not be necessary on bifida to the Nobel laureates who help Whereas it is appropriate that a room in the United States Capitol Building be named that matter. prevent birth defects, this bill provides in honor of Senator Mark O. Hatfield as a re- Following disposition of that treaty, real help for real people. minder to present and future generations of the Senate will consider either the Mr. President. The diversity or pro- his outstanding service as a United States pipeline safety bill, with only one issue grams funded by this bill reflect the di- Senator; Now, therefore, be it outstanding on that matter, and I un- versity of this country. I urge my col- Resolved, That room S. 131 in the United derstand they are still working on it, leagues in the Senate to support this States Capitol Building is hereby designated or possibly the work force development conference report. as, and shall hereafter be known as, the conference report or additional debate Finally, I would like to thank Sen- ‘‘Mark O. Hatfield Room’’ in recognition of the selfless and dedicated service provided by with regard to the veto message to ac- ator BOND, Congressman LEWIS and Senator Mark O. Hatfield to the Senate, our company the partial-birth abortion Congressman STOKES for all the hard Nation, and its people. veto override. work they’ve done to get this bill to f So the Senate will begin consider- conference and to keep this bill from ation of the continuing resolution dur- ending up in a continuing resolution. I REAUTHORIZING THE SENATE ing tomorrow’s session. Therefore, all would personally like to thank my ap- ARMS CONTROL OBSERVER GROUP Senators should expect rollcall votes propriations staff, Sally Chadbourne, Mr. LOTT. Mr. President, I ask unan- throughout the day on Wednesday, pos- Catherine Corson, David Bowers, and imous consent the Senate now turn to sibly into the night. Of course, I will be

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11163 talking with the Democratic leader, It is that same strong sense of who he Senator PAUL SIMON when Members, the Senator from South Dakota, about is and what he stands for that has again on both sides of the aisle, so will- how we can design a process to proceed made PAUL SIMON such an invaluable ingly took up the bow tie and took up to the continuing resolution. And we asset to this body and to our Nation. It the bow in honor of him and in tribute will keep all Senators advised how we was in part the leadership of this pay- to what has become his signature—his will proceed on the continuing resolu- as-you-go Democrat that helped this bow tie. tion. Nation understand that we have a job Senator PRYOR is on the floor now, With that, Mr. President, I thank the to do in balancing the budget and that and I don’t know where he had these Senator from South Dakota for his pa- we have to do it the right way, without made, but they certainly are gorgeous. tience. I yield the floor. ripping apart America’s safety net. I, Senator PRYOR and Senator MACK f and I know all of my colleagues, will and the other Members, and I must say miss Senator SIMON’s good humor. Un- we had cooperation from just about ev- PAUL SIMON’S CONGRESSIONAL fortunately, I suspect I will not miss erybody—the people in the cloakroom CAREER his good counsel because I am con- who made the ties available, the staffer Mr. DASCHLE. Mr. President, there fident that Senator SIMON will con- who helped play a little trick on PAUL are a number of reasons we are grateful tinue in his new career to write and to SIMON this afternoon when we sent him to see the end of the 104th Congress, keep us on the right track, just as he a note that said he had a phone call so but one reason I regret this ending is has one way or the other for all of he would leave the caucus long enough that it also marks the end of PAUL these years. for an announcement to be made about SIMON’s distinguished career in Con- The PRESIDING OFFICER. The Sen- the surprise. Everyone has cooperated gress. ator from Illinois. to make this possible. I have had the privilege of working Ms. MOSELEY-BRAUN. Thank you, It was really a great honor to him with PAUL SIMON in both the House and Mr. President. and a great honor to his service to this in the Senate. I have found him always f institution, as well as our State of Illi- to be an honest and decent man who TRIBUTE TO SENATOR PAUL nois and our Nation that this tribute loves his country very deeply. Perhaps was such a moving one. Even though what stands out about PAUL SIMON the SIMON we were in the middle of votes, every- most after his bow tie—and I must say Ms. MOSELEY-BRAUN. Mr. Presi- one made the point to go up and to we have all improved our looks and dent, a few minutes ago—actually an speak to Senator SIMON and to wish image substantially this afternoon by hour ago now—the Senate dem- him well. adopting his practice of wearing a bow onstrated, I think, the kind of coopera- PAUL SIMON epitomizes public serv- tie—is his strongly developed sense of tion and collegiality that really is in ice. He has always sought to make gov- moral leadership. His parents were the best tradition of this Senate, when ernment work for the people. He under- both Lutheran missionaries, his father, Members on both sides of the aisle, stands that democratic government is I am told, an idealist and his mother a male and female alike, came out wear- not separate and distinct from the peo- pragmatist who handled all the fam- ing bow ties as a tribute to my senior ple. But it is no more, no less than a ily’s expenses. From their combined in- Senator, PAUL SIMON. mechanism for all of us to come to- fluence, he grew into what he described At the outset, I would like to thank gether for our common good. In a de- as a pay-as-you-go Democrat. the people who made it possible: Sen- mocracy, government is all of us, and As a young man, PAUL SIMON did not ator CONNIE MACK of Florida, with want to be in government. He wanted whom I had conversations regarding PAUL SIMON has spent a lifetime mak- to keep an eye on it and write about it. the surprise to PAUL SIMON and who ing government real, making govern- In 1948, he bought the struggling Troy, made it possible also for Members on ment responsive, making government IL, Tribune, and at 19 became the Na- the Republican side of the aisle to have serve the public interest. He is a genuine public servant, and a tion’s youngest newspaper editor-pub- bow ties; to Senator DAVID PRYOR of lisher. He eventually built that paper Arkansas who took the initiative to public servant who has functioned con- into a chain of 14 newspapers. have the ties made. I had to question sistent with his beliefs and his prin- He interrupted his journalism career him why it was that the girls didn’t ex- ciples and his own ethic over the years, in an Army counterintelligence unit actly get ties. We had to tie our own whether popular or unpopular, in the monitoring Soviet activities in Eastern bows. But it was all right because the good times and the bad ones. Europe from 1951 to 1953. When he re- bows are really quite lovely. I know One can always be certain that PAUL turned to journalism in 1954, he tried many of us will probably keep these as SIMON’s values are never very far from unsuccessfully to recruit candidates to part of our wardrobes permanently. I his votes. He always has been known to run for public office. After hearing couldn’t help but think, when I saw so care for the less fortunate, for those ‘‘no’’ one too many times, he finally many Members of this Senate come out without a voice. His compassion for decided at the age of 25 to run for the on the floor in their bow ties or their people has helped make him a con- Illinois State Legislature. That was bows, how very special this institution science for this body and, indeed, for the beginning of a long and very distin- is in its tribute to a very special Mem- our Nation. He has been a fighter on guished career. ber. issues without regard to whether or not PAUL SIMON served four 2-year terms First, with regard to the institution. they made it on the polls or the pop in the Illinois House and two 4-year We very often call each other ‘‘distin- charts. terms in the Senate. He provided con- guished,’’ ‘‘my good friend,’’ ‘‘the hon- In fact, he started working for edu- stituents with detailed reports on orable.’’ But there is something about cation, for example, before it was as spending long before the passage of the serving in an institution like this that high up in the polling as it is today. disclosure laws. He was elected to the brings us together and binds us to- Education is a passion of PAUL SIMON U.S. House of Representatives in 1974 gether, almost like a family, without because he believes that it is an inte- and reelected four times. He joined the regard to our political affiliation or gral part of opportunity in preserving Senate in 1984. Fortunately for stu- even our philosophical orientation, the American dream. So he fought for dents of politics and for history, the maybe because we spend so many hours educational opportunity, and he has old newspaper reporter in him never together or we work together and we fought to make certain that oppor- stopped working. Senator SIMON is the work such long hours together, a point tunity was extended to all Americans author of 14 books and countless arti- that is often missed by the general everywhere—handicapped Americans, cles. public. But the fact is, because of our minority Americans, Americans in the In 1987, when he announced his can- coming together in so many different suburbs and the cities—wherever in didacy for President, PAUL SIMON said, endeavors, the Members of this body this country. PAUL SIMON’s concern as ‘‘I seek the Presidency with a firm all have a special regard and a special a small ‘‘d’’ democrat for the people of sense of who I am, what I stand for, and relationship one to the other. this country has been unwavering. what I can and will do to advance the I think that regard and that relation- It is that same concern that drove cause of this great Nation.’’ ship was reflected in the tribute to him to be the chief architect and the

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11164 CONGRESSIONAL RECORD — SENATE September 24, 1996 chief sponsor of the balanced budget He follows in the best Illinois tradi- colleagues wearing a bow tie to pay constitutional amendment. Many tion: someone who is committed to tribute to our colleague. So it has been times when I am called on, when I keeping the United States of America a nice day. It was a nice way to express speak to people about the balanced the greatest country in the world, our affection and our respect for PAUL budget amendment, which is an issue someone who has devoted the full SIMON of Illinois. I have always ad- that now is very popular—it wasn’t measure of his talent and his energy to mired him. when he first started working on it—I his State and to his country. I have admired him from afar when remind people that it was a Democrat, So it is with great love and affection he was a Member of the House of Rep- PAUL SIMON, who championed the bal- that I wish him well in his retirement, resentatives, when he was doing so anced budget amendment before it was as I am sure that my colleagues do as much with children’s issues, when he popular. they demonstrated on this floor this was championing the cause of edu- He did so because he knows and he afternoon. cation in our society, when he was con- believes that we have a duty in our I thank the Chair, and I yield the cerned about the breakdown of the generation to leave our children more floor. family unit, which he was talking to us than a legacy of debt. So it is essential, Mr. PRYOR addressed the Chair. about, as Senator MOYNIHAN was talk- again, if we are going to hold on to The PRESIDING OFFICER (Mr. ing to us about decades ago, about this that American dream, that we have to KEMPTHORNE). The Senator from Ar- breakdown, and the perseverance with be responsive to the people, but we kansas is recognized. which he approached each and every have an obligation also to be prudent Mr. PRYOR. Mr. President, I want to issue that he undertook. And I am so and not to be profligate in our spend- thank my distinguished colleague from grateful that I have had the privilege ing. Illinois, Senator CAROL MOSELEY- of not only sitting alongside this man, I heard a story the other day that I BRAUN, for the eloquent statement she but also literally sitting behind Sen- think really describes PAUL SIMON, has made about our departing col- ator PAUL SIMON’s desk for these num- that I think is so typical or so appro- league, the honorable PAUL SIMON, the bers of years. priate with regard to describing PAUL senior Senator from her State. Mr. President, it is time for those of SIMON. A woman said to me she always I also want to thank, Mr. President, us who are departing, like my col- liked people who liked children and our distinguished colleague, the junior league and wonderful friend from Wyo- people who liked trees, because those Senator from Illinois, for the role that ming, Senator SIMPSON, who I came to were people who cared about what she has played in making this so-called the Senate with in 1979, it is time now, came after they were gone. If you bow tie day in honor of PAUL SIMON, speaking of desks, for us to clean out think about it, caring about children not only a reality, but I think cer- our desks and take those humble be- and caring about trees and caring tainly, Mr. President, a success. about the future of America is exactly longings that we have in these desks I must say, I have been asked several home with us or wherever we might go, what has distinguished PAUL SIMON’s times during the course of the after- and to inscribe our name as occupant service in this Senate and in his public noon—because I think I have gotten a life through the years in the State of of the desk. little bit too much attention or credit Many in our country might not know Illinois. for this, and I should not get any—but He leaves some awfully big shoes to the history of these beautiful Senate I was sitting at an airport some fill. He likes to point out that he could desks in the Senate Chamber, but I months ago, visiting with my friend do for me what no one else can do, and hope all Americans will know that and colleague from the State of Flor- that is make me the senior Senator each Senator who occupies a particular ida, Senator CONNIE MACK, and I do not from Illinois. While I look forward to desk will have his or her name in- know exactly how we started talking being the senior Senator from this scribed in that desk for posterity and great State, at the same time I recog- about PAUL SIMON of Illinois, but some- for all future generations to know. nize that it is an awfully tall bill to thing came up, and CONNIE MACK said Finally, Mr. President, back to our fill, to live up to the standards and live to me, he said, ‘‘You know, we ought to friend, Senator SIMON, if I were speak- do something to honor PAUL SIMON. up to the kind of ethic that PAUL ing to a political science class—and I What a grand person. What a distin- SIMON has always represented. think come the next semester at the He has been a public servant of the guished American. What an oppor- University of Arkansas I might be first order. He started having town tunity we have had to serve with this speaking to one or two of those class- meetings in our State and, quite frank- man, PAUL SIMON.’’ es—if I am ever asked the question by ly—he has had a couple thousand of We started thinking out loud, sitting one of those political science students them—it is going to take me a little in the airport, waiting for the plane. as to how to pattern their life into be- while to catch up with the number of And the plane did not come, and it did coming a politician, and a public serv- townhall meetings that PAUL SIMON not come, so we had idea after idea. Fi- ant, ultimately a public official, I had in the State. He also had townhall nally, CONNIE MACK said, ‘‘You know think I would say to that class that meetings here. In fact, when I came to what we ought to do? We all ought to, you have to look no further than the the Senate and joined him with the before PAUL SIMON leaves the Senate, life, the personal life and the political every-Thursday townhall meetings in we ought to wear a bow tie in his honor life, of PAUL SIMON of Illinois, because which we speak to the people who drop because it is such a symbol of this I think with his life he has made a by on the issues, this was an innova- great man.’’ So I said, ‘‘CONNIE MACK, statement, just like we on the floor tion by PAUL SIMON that, frankly, was you have come upon a great idea.’’ I today made a statement by wearing a absolutely consistent with his reaching raced to the telephone and called my PAUL SIMON bow tie. out, with his spreading the gospel of friend in Little Rock, Mr. Bill Humble, PAUL SIMON has made a statement democracy to the people who came to and I said, ‘‘Bill, can your tie plant for the last three decades that I think visit their Capitol. make us up 100 bow ties?’’ He said, will be an inspiration to all who believe So, in closing, Mr. President, I would ‘‘We’ll be glad to.’’ in this system of government and to all like to say that it is altogether appro- And so with that, and then with the who believe that we can make this sys- priate that PAUL SIMON comes from help, the wonderful help of Senator tem of government better. and represents the State of Illinois. CAROL MOSELEY-BRAUN, who helped ar- A lot of people have so-called ‘‘lost Our State has been long known as ‘‘the range the disbursing of the ties today, faith’’ with our system of government, land of Lincoln,’’ and we are very and keeping this a secret, even almost with politicians and with Washington, proud of that. Illinois’ greatest citizen from all of the PAUL SIMON staff, and and what have you. But I think I would made a monumental contribution to almost Mrs. Simon, Jeanne Simon—I say this—and I am proud that my col- our country in very difficult times, but did notice she was here today to see league from Illinois is here, my col- I think it is absolutely consistent with the thunderous applause, the thun- league from Wyoming, and our new col- his legacy that our State has been derous ovation that her husband, PAUL league from Tennessee, and the distin- served by a giant in the nature and of SIMON, received by his colleagues, I guished occupant of the Chair from the name of PAUL SIMON. would say about 95 percent of those Idaho—I would just say that I think

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11165 that PAUL SIMON, perhaps as much as our brothers and sisters and knowing and by the House of Representatives, any Senator that I have ever had the what is required of them and both of us very deeply offends our sensibilities as privilege of serving with, has human- ready to move on to other things. human beings. ized government. He has humanized I could not have had a finer col- I need to make very clear that those politics. And he has humanized politi- league, whether it was working on the of us who oppose this very specific, cians. I think he has done it with issues of fraudulent marriage—PAUL very explicitly defined procedure care grace. He has done it with vision. And handled that while I was chairman—or very deeply about women and about he has done it I think with joy, because the balanced budget. We all know the the horrific situations they sometimes that joy exudes from PAUL SIMON. The things he does. We all know who he is. face, but how can we answer to our happiness of his profession, the happi- That is why we did this tribute today. children, to our families, to our con- ness of his work, I think will live long No one else will have a tribute like stituents back home and to ourselves if after PAUL SIMON has left these Cham- that in the U.S. Senate—how we would we continue to allow babies to be bers of the U.S. Senate. honor one of our colleagues in any way aborted through this partial-birth So, Mr. President, with that, we say as we did today and see the look on his abortion procedure, especially—and I thank you, PAUL SIMON, thank you for face and the delight and that smile think in some of the remarks earlier being our friend, thank you for being that is so very special. He knew that today it was made clear—especially in truly a great U.S. Senator and a great and we knew that. I thought how ap- light that this procedure, this specific, Member of this body and a great friend propriate to honor him in that way. well-defined procedure is medically un- of us all. Mr. President, I yield the None of us will ever receive such a necessary. floor. wonderful accolade, with whimsy, As the Senate’s only physician, the Mr. SIMPSON addressed the Chair. humor, and good spirit. I commend all only physician in this body, as the only The PRESIDING OFFICER. The Sen- those who brought that to pass. board-certified surgeon in this body, I ator from Wyoming is recognized. f feel compelled to address the issue sur- Mr. SIMPSON. Mr. President, I, too, rounding the medical misinformation will join in the great remarks about JAN PAULK that is laid on our desks, that you hear my friend PAUL SIMON and thank the Mr. SIMPSON. A note about Jan on the floor of this body, that you read Senator, soon-to-be senior Senator Paulk. She is a wonderful woman and in the newspaper each day. from Illinois. My time as senior Sen- has been such a help to us in our Sen- There are really three medical myths ator has been so fleeting that I am ate activities as we travel and do our that each of us in preparing to vote 2 hardly able to recall it because I served official duties, visiting with Prime days from now must address. There are as the junior Senator to Malcolm Wal- Ministers, Presidents, and State funer- medical myths that surround potential lop, my friend from Wyoming. So enjoy als and all the rest. harm to the mother, to affecting the the term indeed, I say to my colleague Jan Paulk, a very engaging woman, welfare of the mother, and they are as from Illinois. Do it well. was hospitable, patient beyond words, follows: And to my friend, Senator PRYOR, and a fine companion on journeys, Myth No. 1: We have heard it said in who came here with me—and he and some with great sadness, some pomp this body that this is an accepted and his wife Barbara have become very dear and circumstance, and there was Jan, safe medical procedure, often necessary and special friends of ours—he is a always assisting everyone, including to save the reproductive health and/or most genial, generous, kind man, and a spouses, and being genial, kind, and life of the mother. I have talked to friend to his friends. If they rallied him courteous in every way. physicians who perform emergency and in time of need, it would only be be- I have never seen her when she was elective late-term abortions, both in cause in his life and her life they have out of sorts, and she certainly could Tennessee and around the country. done just exactly that to all around have been on many occasions. My wife Many of them had not heard of this them. and I wish her well. Indeed, she is a specific procedure, but all of them, With regard to PAUL SIMON, you have very wonderful woman. There is much after hearing it—and I went back to to understand that I met PAUL when we more for her to do, and she will do it. the original papers, which I will were State legislators together in 1971. I am very pleased for her about her new share—all of them that I talked to, There was a conference on outstanding task. She will enjoy all and she will do condemned it as medically unneces- State legislators, and here were PAUL it exceedingly well. We wish her God- sary—meaning there are in those very SIMON and myself, he of the Illinois speed. rare situations alternative types of Legislature, me of the Wyoming Legis- I will now yield the floor and signify therapy—or even dangerous, dan- lature, honored. They had two from that the Senator from Tennessee, my gerous, to the health of the mother. In each State. I was one; PAUL was one. friend, Senator Dr. BILL FRIST, will every case of severe fetal abnormality The first day I met him, I had a bow tie speak on a very emotional issue, par- or medical emergency, there are other on because PAUL and I had to at least tial-birth abortion. At the conclusion alternative procedures that will pre- know how to tie our own bow ties. of his remarks we will go to the closing serve the life of the mother and the There are people in here today that of the Senate session. mother’s reproductive health. have no concept of how to tie a bow tie. The PRESIDING OFFICER. The Sen- Dr. Hern, the author of a textbook In fact, some of them have difficulty ator from Tennessee is recognized. entitled ‘‘Abortion Practice,’’ which is with even a mechanical tie is my expe- f a widely accepted text on abortion, dis- rience seeing it today. But we laughed puted the claim that this is a safe pro- about that over the years. PARTIAL-BIRTH ABORTION cedure in an interview with the Amer- But we are not in any way doing any- Mr. FRIST. Mr. President, I rise ican Medical News. He cited, for exam- thing but paying tribute to this man today as a physician concerned about ple, concerns about turning the fetus who, with all the accolades we have women, concerned about women’s into a breach position—which is part of heard, they are all true—honest, direct, health, concerned about safe medical this procedure—turning the baby thoughtful, steady. I know. I served practices. I rise to strongly support the around, which can cause placental with him. He served on my sub- ban on partial-birth abortions. My col- abruption, or separation of the pla- committee on immigration, refugee leagues in this Chamber already know centa, and amniotic fluid embolism. policy, always attentive, always ask- my position that this procedure called In an effort to combat much of the ing, always, always having a query and a partial-birth abortion is both medi- medical and scientific misinformation inquiring and saying, ‘‘Well, why is cally unnecessary and unnecessarily surrounding this issue, a number of this? What is the purpose of this?’’ brutal and inhumane. physicians and specialists and medical And so, indeed, he and Jeanne, we Mr. President, every baby deserves to spokespeople have gotten together, wish them Godspeed. We will see more be treated with respect, with dignity formed a coalition to address some of of them as we go on to snatch more of and with compassion. This procedure, the medical errors, the medical misin- our own lives for ourselves rather than which has been banned in a bipartisan, formation, that have been put forward. in this place and leave those tasks to in a historic way by the U.S. Senate Dr. C. Everett Koop, a former Surgeon

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11166 CONGRESSIONAL RECORD — SENATE September 24, 1996 General is a member of this coalition. Myth No. 3: The fetus is already dead BEST REGARDS TO SENATOR He has also stated that this procedure, or insensitive to pain during this pro- COHEN in his clinical experience, ‘‘is not a cedure, which I just described, because Mr. LEVIN. Mr. President, I rise medical necessity for the mother.’’ of the anesthesia administered to the briefly to extend my best regards to I hesitate to go into the procedure, mother. Senator BILL COHEN as he leaves this but, again, as a physician, what I turn Of all the misconceptions of this de- body after 18 years in the distinguished to is the procedure itself as defined in bate this has some of the most trou- service. the medical literature. So I turn to a bling implications for women’s health. I have had the good fortune of serv- presentation called Dilation and Ex- Some of the documents distributed to ing with Senator COHEN on the Govern- traction for Late Second Trimester this body have stated ‘‘The fetus dies mental Affairs Committee for the en- Abortion, written and presented by Dr. of an overdose of anesthesia given to tire 18 years, and have also served with Martin Haskell, presented at the Na- the mother intravenously.’’ him on the Subcommittee of Oversight tional Abortion Federation risk man- Mr. President, this is not true. If it of Government Management on that agement seminar, September 13, 1992. were true, then women who undergo committee. Sometimes he was the This is the actual paper that was pre- elective operations during pregnancy— chairman and other times I was the sented. As with any medical paper, even life-saving procedures done under chairman during this 18-year period. there is an introduction, a background, anesthesia—would probably avoid it be- But in either case we were always able a patient selection, a description of the cause of fear of danger to that fetus. to work together and I think make a patient operation. Without going into And it is wrong I think to scare women real difference in the management of the entire description of the operation, our Federal programs. to endanger their health in order to de- let me quote from this medical presen- Several pieces of legislation stand fend an unnecessary procedure. tation presented at a medical scientific out for me when I think back over our meeting. Let me go back to the paper again, years of working together: First and the medical scientific paper, because I While maintaining this tension, lifting the foremost would be the Compensation in cervix and applying traction to the shoulders forgot to mention that in closing of the Contracting Act which Senator COHEN with the fingers of the left hand, the surgeon paper, in the summary, the last para- and I cosponsored and got enacted back takes a pair of blunt carved Metzenbaum graph on page 33, which says: in 1984. There is a current estimate scissors in the right hand [the Metzenbaum In conclusion, dilation and extraction—the that perhaps $40 to $50 billion in sav- scissors are scissors about that size, typi- partial birth procedure I just described—is ings resulted from that law. That was a cally used in surgery.] He carefully advances an alternative method for achieving late sec- great piece of work that he had such an the tip carved down along the spine and ond trimester abortions to 26 weeks. It can instrumental role in. under his middle finger until he feels it con- be used in the third trimester. Then we worked on lobbying reform tact the base of the skull with the tip of his middle finger. So even the author says it is an al- which has cleaned up our broken lob- Reassessing proper placement of the closed ternative method. This procedure is bying disclosure laws and has resulted scissors tip and safe elevation of the cervix, medically unnecessary. in the registration of at least twice as the surgeon then forces the scissors into the I have heard from a number of my many lobbyists and the disclosure of base of the skull or into the foramen mag- fellow colleagues who have been out- almost five times as much money being num. Having safely entered the skull, he spent on lobbying activities than we spreads the scissors to enlarge the opening. raged at the blatant misinformation campaign that has come forward. knew of prior to this law being passed. The surgeon removes the scissors and in- We have reauthorized the inde- troduces a suction catheter into this hole The American Society of Anesthe- and evacuates the skull contents. With the pendent counsel law three times since siologists has issued repeated state- it was first enacted in 1978. catheter still in place, he applies traction to ments contradicting the argument of the fetus, removing it completely from the We have struggled with many key patient. fetal death or coma due to anesthesia issues, including maintaining the inde- The surgeon finally removes the placenta given to the mother. pendence of the office but continuing with forceps and scrapes the uterine walls Mr. President, I know that this issue to retain important checks. It is far with a large Evans and a 14 mm suction cu- does stir up a lot of emotion. But I from a perfect law but it has been rette. The procedure ends. think we do need to be careful with the worth the effort. I share this because I have other de- facts. The facts are this procedure is The list of joint efforts is long: Social scriptions, and I have seen the graph- indefensible from a medical standpoint. Security Disability Reform Act of 1984; ics. And I always wonder. ‘‘What filter There is never an instance where it is several reauthorizations of the Office does this go through before it gets to medically necessary in order to save of Government Ethics; oversight hear- the floor of the U.S. Senate, or to the the life of the mother or her reproduc- ings on Wedtech; the FAA; Federal House, or to the newspaper?’’ And these tive health. courthouse construction; Federal de- are the exact words used in the oral I know a number of my colleagues barment practices; overloading; secu- presentation at a medical meeting of oppose this bill not because they sup- rity; subcontractor kickbacks; hurry- this procedure by one of its proponents. port the procedure but on the grounds up spending on medical labs; the Myth No. 2: This procedure is only that they fear further and further Gov- United States Synfuels Corporation. performed in cases of severe fetal ab- ernment intervention into the practice We touched on almost every depart- normality when the fetus is already of medicine. And I too have a fear of ment of the Federal Government. dead, or will die immediately after excessive Federal Government inter- We have taken testimony from a birth. vention into that practice of medicine. broad cross-section of witnesses from Mr. President, this falsehood has But I do think there comes a time hackers to slackers, from crooks to been repeated again and again and when individuals, a few individuals on saints, auditors, parents, scientists, again. It has been used as one of the the fringe, force us to draw a line to whistleblowers, meat inspectors, doc- principal defenses of the veto handed protect innocent human life from the tors, lawyers, and engineers. We have down by President Clinton. But the sort of brutality which I just described had witnesses behind screens, witnesses record clearly shows that this is false. to you out of the literature. And I with distorted voices, and witnesses Dr. Martin Haskell, one of the best truly feel, Mr. President, that this is giving testimony by phone over a known practitioners of this procedure, one of those times. speaker. We have had hearings with all this partial birth method, told Amer- the press, and we have had hearings ican Medical News that: Mr. LEVIN addressed the Chair. with no press. We have had hearings Eighty percent of his partial-birth abor- The PRESIDING OFFICER. The Sen- where everything worked, and we have tions were done for ‘‘purely elective rea- ator from Michigan. had hearings where nothing seemed to sons.’’ Mr. LEVIN. Mr. President, par- work. We have had testimony that was Another doctor testified before Con- liamentary inquiry: Are we in morning funny, testimony that was tragic. We gress that he has performed partial- business? have addressed issues where the solu- birth abortions on late term babies The PRESIDING OFFICER. Not at tions were obvious and achievable, and simply because they had a ‘‘cleft lip.’’ this moment. where the answers were elusive.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11167 But, Mr. President, Senator COHEN struction Program Engineer in 1974, Office Nellie Norton Schnell’s celebration and I on this little subcommittee have Administrator of Planning and Programs in of 100 years of life is a testament to me lived through the thick and the thin of 1980, Director of the Division of Planning in and all Missourians. Despite being vis- 1986, and Deputy Secretary in 1989, the posi- congressional life. Senator COHEN has ually and hearing impaired, Nellie or- tion he held until his retirement; and done it with integrity, with intel- Whereas, Dean has been recognized by his ganized and planned her own birthday ligence, with humor, and with elan, peers in national and regional organizations celebration to take place this Friday at and sometimes with some poetry. by being selected to serve on many commit- her grand-daughter’s home in He served the people of Maine and tees as well as being selected as Secretary- Boonville, MO. Her achievements are the people of this Nation with distinc- Treasurer of the Western Association of significant and deserve to be saluted tion. The Senate will be a lesser place State Highway & Transportation Officials and recognized. I would like to join her (WASHTO); and when he leaves, and I will miss him as Whereas, Dean was deeply involved in de- many friends and relatives in wishing a friend and as a colleague. And we velopment the Rural States’ position and as- her health and happiness in the future. wish him nothing but the greatest hap- sisting in the passage of ISTEA, as well as piness because he surely deserves it. many other Federal issues—his work (as f I thank the Chair. I yield the floor. often was the case) was accomplished in the Mr. FRIST addressed the Chair. background where he meticulously provided MESSAGES FROM THE PRESIDENT essential support information and was al- The PRESIDING OFFICER. The Sen- Messages from the President of the ator from Tennessee. ways willing and able to fill in on short no- tice; and United States were communicated to f Whereas, Dean has been instrumental in the Senate by Mr. Williams, one of his MORNING BUSINESS developing the Department’s Computerized secretaries. Mr. FRIST. Mr. President, I ask that Needs Data Book, the 5-Year Construction there now be a period for the trans- Program with its project prioritization sys- f tem based on needs; the annual Strategic action of morning business with state- Plan and the legislative program; and ments limited to 5 minutes. Whereas, Dean served on many Depart- EXECUTIVE MESSAGES REFERRED The PRESIDING OFFICER. Without ment, as well as several statewide and spe- As in executive session the Presiding objection, it is so ordered. cial Governor’s Task Forces; and Officer laid before the Senate messages f Whereas, Dean brings a special, although from the President of the United quiet, skill to every area he encounters and TRIBUTE TO DEAN SCHOFIELD has always encouraged other employees and States submitting a nomination which Mr. PRESSLER. Mr. President, has been a mentor and a model by his leader- was referred to the Committee on today I would like to pay tribute to ship and example of superior work ethic and Armed Services. (The nominations received today are Dean Schofield from Pierre, SD. Dean commitment to family, profession, church and community; and printed at the end of the Senate pro- is retiring this month after serving 35 Whereas, Dean, through his knowledge, ceedings.) years with the South Dakota Depart- judgment, openness, integrity, thoroughness ment of Transportation. Dean’s tireless and organizational skills, has earned the re- f dedication to our State has been exem- spect of everyone he has dealt with, both within and outside the DOT, including legis- plary. MESSAGES FROM THE HOUSE Dean’s career began at the Depart- lators, county commissioners, governors, ment in 1961. His career steadily ad- congressmen, landowners, fellow employees At 3:56 p.m., a message from the vanced over the years, from an assist- and ordinary highway users; and House of Representatives, delivered by Whereas, Dean has been voted, by unoffi- Ms. Goetz, one of its reading clerks, an- ant engineer to deputy secretary of the cial poll, to be the Department’s most con- Department, the position he held when siderate and genuinely caring employee and nounced that the House has passed the he announced his retirement. one who will be sorely missed by his many following bills, in which it requests the Mr. President, during my 22 years in friends and co-workers; and concurrence of the Senate: Congress, I have often relied on Dean’s Whereas, after 35 years and 8 months of ex- H.R. 1281. An act to express the sense of insight and suggestions as I’ve worked emplary service to the state of South Dakota the Congress that it is the policy of the Con- and the SDDOT, it is now time for Dean to to promote South Dakota’s transpor- gress that United States Government agen- retire to his home in Pierre with Delcie, his cies in possession of records about individ- tation system. Indeed, Dean has always wife of 32 years, to devote his time to trav- uals who are alleged to have committed Nazi kept me and my staff aware of South eling, carpentry, gardening, attending ath- war crimes should make these records pub- Dakota’s transportation priorities. letic events, and enjoying his 3 children, lic. For example, I recall last year when Darrell, Darla, and Davis, and 5 grand- H.R. 1720. An act to reorganize the Student Dean testified before a Surface Trans- children, Brittanie, Matthew, Nathan, Tay- Loan Marketing Association, to privatize the portation and Merchant Marine Sub- lor, and Kaitlyn, and it is fitting and proper College Construction Loan Insurance Asso- committee hearing on rail service. as Governor to recognize the many accom- ciation, to amend the Museum Services Act Dean has also lent his expertise on plishments of this outstanding South Dako- to include provisions improving and consoli- tan: dating Federal library service programs, and highway and air service issues. His Now, therefore, I, William J. Janklow, for other purposes. knowledge and contributions have been Governor of the State of South Dakota, do H.R. 2988. An act to amend the Clear Air invaluable. hereby proclaim August 30, 1996, as Dean Act to provide that traffic signal synchroni- I congratulate Dean upon his retire- Schofield Day in South Dakota, and I join zation projects are exempt from certain re- ment and offer my good wishes to both with Dean’s family, friends and co-workers quirements of Environmental Protection he and his wife, Delcie. Dean leaves be- in wishing him a fulfilling and happy retire- Agency Rules. hind big shoes to fill. ment. H.R. 3153. An act to direct the Secretary of Mr. President, I ask unanimous con- f Transportation to issue a final rule relating CONGRATULATIONS TO NELLIE to materials of trade exceptions from haz- sent a copy of an executive proclama- ardous materials transportation require- tion by the Governor of the State of NORTON SCHNELL CELEBRATING ments. South Dakota honoring Dean be print- HER 100TH BIRTHDAY H.R. 3877. An act to designate the United ed in the RECORD immediately fol- Mr. ASHCROFT. Mr. President, I rise States Post Office building located at 351 lowing my remarks. today to encourage my colleagues to West Washington Street in Camden, Arkan- There being no objection, the procla- join me in congratulating Nellie Nor- sas, as the ‘‘David H. Pryor Post Office Building’’. mation was ordered to be printed in the ton Schnell of Fayette, MO, who will RECORD, as follows: celebrate her 100th birthday this Fri- The message also announced that the EXECUTIVE PROCLAMATION, STATE OF SOUTH day, September 27, 1996. She is a truly House has passed the following bill, DAKOTA remarkable individual. Nellie has wit- with amendments, in which it requests Whereas, Jerald D. (Dean) Schofield, a nessed many of the events that have the concurrence of the Senate: graduate of Pierre High School, with a de- shaped our Nation into the greatest the S. 811. An act to authorize research into gree in Civil Engineering from South Dakota world has ever known. The longevity of the desalinization and reclamation of water State University, started his career with the and authorize a program for States, cities, or Department of Transportation on January 9, her life has meant much more, how- qualifying agencies desiring to own and oper- 1961 in Pierre as an Assistant Engineer, ad- ever, to the many relatives and friends ate a water desalinization or reclamation fa- vancing to Project Engineer in 1968, Assist- whose lives she has touched over the cility to develop facilities, and for other pur- ant Secondary Roads Engineer in 1973, Con- last 100 years. poses.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11168 CONGRESSIONAL RECORD — SENATE September 24, 1996 At 5:57 p.m., a message from the By Mr. THURMOND, from the Committee Col. Lawrence R. Adair, 000–00–0000. House of Representatives, delivered by on Armed Services: Col. Robert E. Armbruster, Jr., 000–00–0000. Mr. Hays, one of its reading clerks, an- The following-named officer for appoint- Col. Raymond D. Barrett, Jr., 000–00–0000. ment to the grade of lieutenant general in nounced that the House has passed the Col. Joseph L. Bergantz, 000–00–0000. the U.S. Air Force while assigned to a posi- Col. William L. Bond, 000–00–0000. following bill and joint resolution, in tion of importance and responsibility under Col. Colby M. Broadwater III, 000–00–0000. which it requests the concurrence of title 10, United States Code, section 601: Col. James D. Bryan, 000–00–0000. the Senate. To be lieutenant general Col. Kathryn G. Carlson, 000–00–0000. H.R. 2508. An act to amend the Federal Maj. Gen. Joseph J. Redden, 000–00–0000. Col. John P. Cavanaugh, 000–00–0000. Food, Drug, and Cosmetic Act to provide for Col. Richard A. Cody, 000–00–0000. The following-named officers for appoint- improvements in the process of approving Col. Billy R. Cooper, 000–00–0000. ment in the Reserve of the Air Force, to the and using animal drugs, and for other pur- Col. John M. Curran, 000–00–0000. grade indicated, under the provisions of title poses. Col. Peter M. Cuviello, 000–00–0000. 10, United States Code, sections 8374, 12201, H.J. Res. 193. Joint resolution granting the Col. Dell L. Dailey, 000–00–0000. and 12212: consent of Congress to the Emergency Man- Col. John J. Deyermond, 000–00–0000. agement Assistance Compact. To be brigadier general Col. James M. Dubik, 000–00–0000. H.J. Res. 194. Joint resolution granting the Col. William J. Boardley, 000–00–0000, Air Na- Col. John P. Geis, 000–00–0000. consent of the Congress to amendments tional Guard of the United States. Col. Larry D. Gottardi, 000–00–0000. made by Maryland, Virginia, and the Dis- Col. Walter R. Ernst II, 000–00–0000, Air Na- Col. James J. Grazioplene, 000–00–0000. trict of Columbia to the Washington Metro- tional Guard of the United States. Col. Robert H. Griffin, 000–00–0000. politan Area Transit Regulation Compact. Col. Dennis A. Higdon, 000–00–0000, Air Na- Col. Richard A. Hack, 000–00–0000. f tional Guard of the United States. Col. Wayne M. Hall, 000–00–0000. Col. Enrique J. Lanz, 000–00–0000, Air Na- Col. William P. Heilman, 000–00–0000. MEASURES PLACED ON THE tional Guard of the United States. Col. Russel L. Honore, 000–00–0000. CALENDAR Col. James A. McDevitt, 000–00–0000, Air Na- Col. James T. Jackson, 000–00–0000. The following measures were read the tional Guard of the United States. Col. Terry E. Juskowiak, 000–00–0000. second time and placed on the cal- Col. Joseph I. Mensching, 000–00–0000, Air Na- Col. Geoffrey C. Lambert, 000–00–0000. endar: tional Guard of the United States. Col. William J. Leszczynski, 000–00–0000. Col. Fisk Outwater, 000–00–0000, Air National Col. Wade H. McManus, Jr., 000–00–0000. S. 2100. A bill to provide for the extension Guard of the United States. Col. Richard J. Quirk III, 000–00–0000. of certain authority for the Marshal of the Col. Lawrance L. Paulson, 000–00–0000, Air Col. William H. Russ, 000–00–0000. Supreme Court and the Supreme Court Po- National Guard of the United States. Col. Donald J. Ryder, 000–00–0000. lice. Col. Maxey J. Phillips, 000–00–0000, Air Na- Col. John K. Schmitt, 000–00–0000. S.J. Res. 63. Joint resolution making con- tional Guard of the States. Col. Walter L. Sharp, 000–00–0000. tinuing appropriations for the fiscal year Col Wallace F. Pickard, Jr., 000–00–0000, Air Col. Toney Stricklin, 000–00–0000. ending September 30, 1997, and for other pur- National Guard of the United States. Col. Frank J. Toney, Jr., 000–00–0000. poses. Col. Richard A. Platt, 000–00–0000 Air Na- Col. Alfred A. Valenzuela, 000–00–0000. f tional Guard of the United States. Col. John R. Vines, 000–00–0000. EXECUTIVE AND OTHER Col. John C. Schnell, 000–00–0000, Air Na- Col. Craig B. Whelden, 000–00–0000. COMMUNICATIONS tional Guard of the United States. Col. Roy S. Whitcomb, 000–00–0000. Col Allen J. Smith, 000–00–0000 Air National Col. Robert Wilson, 000–00–0000. The following communications were Guard of the United States. Col. Walter Wojdakowski, 000–00–0000. laid before the Senate, together with Col. Paul J. Sullivan, 000–00–0000, Air Na- Col. Joseph L. Yakovac, Jr., 000–00–0000. accompanying papers, reports, and doc- tional Guard of the United States. The following-named officer for reappoint- uments, which were referred as indi- Col. Michael H. Tice, 000–00–0000, Air Na- ment to the grade of lieutenant general in cated: tional Guard of the United States. the U.S. Army while assigned to a position of EC–4158. A communication from the Dep- The following-named officers for pro- importance and responsibility under title 10, uty Director of the U.S. Office of Personnel motion in the Regular Army of the United United States Code, section 601(a): Management, transmitting, pursuant to law, States to the grade indicated, under title 10, To be lieutenant general United States Code, sections 6112(a) and 624: a rule entitled ‘‘Prevailing Rate Systems’’ Lt. Gen. Jay M. Garner, 000–00–0000. (RIN3206–AH58); to the Committee on Gov- To be brigadier general The following U.S. Army National Guard ernmental Affairs. Col. John P. Abizaid, 000–00–0000, U.S.Army. officer for promotion in the Reserve of the EC–4159. A communication from the Comp- Col. Daniel L. Montgomery, 000–00–0000, U.S. Army of the grade indicated under title 10, troller General of the United States, trans- Army. mitting, pursuant to law, the list of General United States Code, sections 3385, 3392 and The following U.S. Army National Guard 12203(a): Accounting Office reports and testimony for officer for promotion in the Reserve of the To be brigadier general August 1996; to the Committee on Govern- Army to the grade indicated under title 10, mental Affairs. United States Code, sections 3385, 3392 and Col. Frank A. Avallone, 000–00–0000. EC–4160. A communication from the Direc- 12203(a); tor of the U.S. Office of Government Ethics, (The above nominations were re- transmitting, pursuant to law, the rule enti- To be brigadier general ported with the recommendation that tled ‘‘Standards of Ethical Conduct for Em- Col. Lloyd E. Krase, 000–00–0000. they all be confirmed.) ployees of the Executive Branch’’ (RIN3209– The following U.S. Army National Guard Mr. THURMOND. Mr. President, for AA04); to the Committee on Governmental officer for promotion in the Reserve of the the Committee on Armed Services, I Affairs. Army to the grade indicated under title 10, report favorably 12 nomination lists in f United States Code, sections 3385, 3392 and the Air Force, Army, Marine Corps, 12203(a): REPORTS OF COMMITTEES and Navy which were printed in full in To be brigadier general the CONGRESSIONAL RECORDS of Novem- The following reports of committees Col. Paul J. Glazar, 000–00–0000. ber 7, 1995, December 11, 1995, July 17, were submitted: The following-named officer for appoint- September 9, 13, and 10, 1996, and ask By Mr. SIMPSON, from the Committee on ment to the grade of lieutenant general in unanimous consent, to save the ex- Veterans’ Affairs, with an amendment in the the U.S. Army while assigned to a position of nature of a substitute and an amendment to pense of reprinting on the Executive importance and responsibility under title 10, Calendar, that these nominations lie at the title: United States Code, section 601(a): S. 1711. A bill to establish a commission to the Secretary’s desk for the informa- To be lieutenant general evaluate the programs of the Federal Gov- tion of Senators. ernment that assist members of the Armed Maj. Gen. Douglas D. Buckholz, 000–00–0000, In the Navy there are five appointments to Forces and veterans in readjusting to civil- U.S. Army. the grade of lieutenant (list begins with ian life, and for other purposes (Rept. No. The following-named Army Competitive Brian G. Buck) (Reference No. 715–2). 104–371). Category officers for promotion in the Reg- In the Navy there are four promotions to f ular Army of the United States to the grade the grade of lieutenant commander (list be- of brigadier general under the provisions of EXECUTIVE REPORTS OF gins with Jeffry L. Bennett) (Reference No. title 10, United States Code, sections 611(a) 768–2). COMMITTEES and 624(c): In the Navy there are 630 promotions to The following executive reports of To be brigadier general the grade of commander (list begins with committees were submitted: Col. Anders B. Aadland, 000–00–0000. Rufus S. Abernethy III) (Reference No. 1204).

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11169 In the Navy there are 1,120 promotions to poses; to the Committee on Labor and S. Res. 297. A resolution referring S. 558, the grade of lieutenant commander (list be- Human Resources. entitled ‘‘A bill for the relief of retired SFC gins with Glen F. Abad) (Reference No. 1295). By Mr. DASCHLE: James D. Benoit, Wan Sook Benoit, and the In the Marine Corps there is one promotion S. 2109. A bill to provide a 1-year delay in estate of David Benoit, and for other pur- to the grade of major (Robert T. Bader) (Ref- the imposition of penalties on small busi- poses,’’ to the Chief Judge of the U.S. Court erence No. 1300). nesses failing to make electronic fund trans- of Claims for a report on the bill; to the In the Marine Corps there is one promotion fers of business taxes; to the Committee on Committee on the Judiciary. to the grade of major (Wayne D. Szymczyk) Finance. By Mr. BYRD (for himself, Mr. LOTT, (Reference No. 1301). S. 2110. A bill to amend the Internal Rev- Mr. DASCHLE, Mr. ABRAHAM, Mr. In the Air Force there is one promotion to enue Code of 1986 to provide special rules for AKAKA, Mr. ASHCROFT, Mr. BAUCUS, the grade of colonel (Wendell R. Keller) (Ref- certain gratuitous transfers of employer se- Mr. BENNETT, Mr. BIDEN, Mr. BINGA- erence No. 1310). curities for the benefit of employees; to the MAN, Mr. BOND, Mrs. BOXER, Mr. In the Air Force there are 18 appointments Committee on Finance. BRADLEY, Mr. BREAUX, Mr. BROWN, to the grade of second lieutenant (list begins By Mr. MCCAIN: Mr. BRYAN, Mr. BUMPERS, Mr. BURNS, with Sean P. Abell) (Reference No. 1311). S. 2111. A bill to amend the Act commonly Mr. CAMPBELL, Mr. CHAFEE, Mr. In the Air Force Reserve there are 17 pro- known as the ‘‘Navajo-Hopi Land Settlement COATS, Mr. COCHRAN, Mr. COHEN, Mr. motions to the grade of lieutenant colonel Act of 1974’’, and for other purposes; to the CONRAD, Mr. COVERDELL, Mr. CRAIG, (list begins with Randall R. Ball) (Reference Committee on Indian Affairs. Mr. D’AMATO, Mr. DEWINE, Mr. DODD, No. 1312). By Mr. FORD: Mr. DOMENICI, Mr. DORGAN, Mr. EXON, In the Air Force Reserve there are 35 pro- S. 2112. A bill to revise the boundary of the Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. motions to the grade of lieutenant colonel Abraham Lincoln Birthplace National His- FEINSTEIN, Mr. FORD, Mrs. FRAHM, (list begins with James E. Ball) (Reference toric Site in Larue County, Kentucky, and Mr. FRIST, Mr. GLENN, Mr. GORTON, No. 1313). for other purposes; to the Committee on En- Mr. GRAHAM, Mr. GRAMM, Mr. GRAMS, In the Army Reserve there are 25 pro- ergy and Natural Resources. Mr. GRASSLEY, Mr. GREGG, Mr. HAR- motions to the grade of colonel (list begins By Mr. KERRY: KIN, Mr. HATCH, Mr. HEFLIN, Mr. with Ernest R. Adkins) (Reference No. 1314). In the Army Reserve there are 44 pro- S. 2113. A bill to increase funding for child HELMS, Mr. HOLLINGS, Mrs. motions to the grade of lieutenant colonel care under the temporary assistance for HUTCHISON, Mr. INHOFE, Mr. INOUYE, (list begins with William A. Ayers, Jr.) (Ref- needy families program; to the Committee Mr. JEFFORDS, Mr. JOHNSTON, Mrs. erence No. 1315). on Finance. KASSEBAUM, Mr. KEMPTHORNE, Mr. By Mr. AKAKA: KENNEDY, Mr. KERREY, Mr. KERRY, The PRESIDING OFFICER. Without S. 2114. A bill to amend the Animal Welfare Mr. KOHL, Mr. KYL, Mr. LAUTENBERG, objection, it is so ordered. Act to ensure that all dogs and cats used by Mr. LEAHY, Mr. LEVIN, Mr. (The nominations ordered to lie on research facilities are obtained legally, and LIEBERMAN, Mr. LUGAR, Mr. MACK, the Secretary’s desk were printed in for other purposes; to the Committee on Ag- Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- the RECORDS of November 7, 1995, De- riculture, Nutrition, and Forestry. KULSKI, Ms. MOSELEY-BRAUN, Mr. cember 11, 1995, July 17, September 9, By Mr. SHELBY: MOYNIHAN, Mr. MURKOWSKI, Mrs. 13, and 19, 1996, at the end of the Senate S. 2115. A bill to protect and enhance MURRAY, Mr. NICKLES, Mr. NUNN, Mr. proceedings.) sportsmen’s opportunities and conservation PELL, Mr. PRESSLER, Mr. PRYOR, Mr. of wildlife, and for other purposes; to the REID, Mr. ROBB, Mr. ROCKEFELLER, f Committee on Environment and Public Mr. ROTH, Mr. SANTORUM, Mr. SAR- INTRODUCTION OF BILLS AND Works. BANES, Mr. SHELBY, Mr. SIMON, Mr. JOINT RESOLUTIONS By Mr. MOYNIHAN: SIMPSON, Mr. SMITH, Ms. SNOWE, Mr. S. 2116. A bill to facilitate efficient invest- SPECTER, Mr. STEVENS, Mr. THOMAS, The following bills and joint resolu- ments and financing of infrastructure Mr. THOMPSON, Mr. THURMOND, Mr. tions were introduced, read the first projects and new job creation through the es- WARNER, Mr. WELLSTONE, and Mr. and second time by unanimous con- tablishment of a National Infrastructure De- WYDEN): sent, and referred as indicated: velopment Corporation, and for other pur- S. Res. 298. A resolution designating room poses; to the Committee on Finance. S. 131 in the Capitol as the ‘‘Mark O. Hatfield By Mr. THURMOND (for himself, Mr. By Mr. LOTT (for Mr. HATFIELD): Room’’; considered and agreed to. FAIRCLOTH, Mr. LOTT, Mr. HELMS, and S.J. Res. 63. A joint resolution making By Mr. LOTT (for himself and Mr. Mrs. KASSEBAUM): continuing appropriations for the fiscal year DASCHLE): S. 2104. A bill to amend chapter 71 of title ending September 30, 1997, and for other pur- S. Res. 299. A resolution extending the pro- V, United States Code, to prohibit the use of poses; read the first time. visions of Senate Resolution 149 of the 103d Federal funds for certain Federal employee By Mr. DODD (for himself, Mr. Congress, 1st session, relating to the Senate labor organization activities, and for other D’AMATO, Mr. WARNER, Mr. MOY- Arms Control Observer Group; considered purposes; to the Committee on Govern- NIHAN, Mr. BRADLEY, Mr. BYRD, Mrs. and agreed to. mental Affairs. FEINSTEIN, Mr. FORD, Mr. HEFLIN, Mr. By Mr. WELLSTONE (for himself, Mr. By Mr. FRIST: KENNEDY, Mr. KERRY, Mr. LAUTEN- NOUYE, Mrs. MURRAY, Mr. DODD, Mrs. S. 2105. A bill to amend chapter 29 of title I BERG, Ms. MIKULSKI, Mr. PELL, Mr. FRAHM, Mr. REID, Mr. GLENN, Mr. 35, United States Code, to provide for a limi- REID, Mr. ROBB, Mr. SIMON, Mr. EXON, Mrs. BOXER, and Mr. KENNEDY): tation on patent infringements relating to a CHAFEE, Mr. COHEN, Mr. DEWINE, Mr. S. Res. 300. A resolution to designate the medical practitioner’s performance of a med- DOMENICI, Mrs. KASSEBAUM, Mr. week of November 3, 1996, as ‘‘National ical activitiy; to the Committee on the Judi- MACK, Mr. MURKOWSKI, and Mr. Shaken Baby Syndrome Awareness Week’’; ciary. THURMOND): to the Committee on the Judiciary. By Mr. MCCONNELL: S.J. Res. 64. A joint resolution to commend S. 2106. A bill to amend the United Nations f Participation Act of 1945 to prohibit the Operation Sail for its advancement of broth- placement of members of the United States erhood among nations, its continuing com- STATEMENTS ON INTRODUCED memoration of the history of the United Armed Forces under the command, direction, BILLS AND JOINT RESOLUTIONS or control of the United Nations, and for States, and its nurturing of young cadets other purposes; to the Committee on Foreign through training in seamanship; considered By Mr. THURMOND (for himself, Relations. and passed. Mr. FAIRCLOTH, Mr. LOTT, Mr. By Mr. THOMAS (for himself, Mr. f HELMS, and Mrs. KASSEBAUM): ROBB, and Mr. MCCAIN): S. 2104. A bill to amend chapter 71 of SUBMISSION OF CONCURRENT AND S. 2107. A bill to authorize the extension of title V, United States Code, to prohibit SENATE RESOLUTIONS nondiscriminatory treatment (most-favored- the use of Federal funds for certain nation treatment) to the products of Mon- The following concurrent resolutions golia; to the Committee on Finance. Federal employee labor organization By Mr. DORGAN (for himself, Mr. and Senate resolutions were read, and activities, and for other purposes; to ASHCROFT, Mr. BIDEN, Mr. BREAUX, referred (or acted upon), as indicated: the Committee on Governmental Af- Mr. COATS, Mr. DEWINE, Mr. FAIR- By Mr. FORD: fairs. CLOTH, Mr. FORD, Mr. GRASSLEY, Mr. S. Res. 296. A resolution to permit disabled UNION ACTIVITIES LEGISLATION HATFIELD, Mr. INHOFE, Mr. LOTT, Mr. Senate employees with the privilege of the Mr. THURMOND. Mr. President, I MACK, Mr. MCCONNELL, Mr. MUR- Senate floor to use supporting services on rise today to introduce a very impor- KOWSKI, Mr. PRESSLER, and Mr. THUR- the floor; to the Committee on Rules and Ad- MOND): ministration. tant piece of legislation that would af- S. 2108. A bill to clarify Federal law with By Mr. ABRAHAM (for himself and Mr. fect every American taxpayer. This respect to assisted suicide, and for other pur- LEVIN): measure would prohibit Federal funds

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11170 CONGRESSIONAL RECORD — SENATE September 24, 1996 from being used to pay Federal em- while on the American taxpayer’s time. information, we interviewed management ployees while working on union busi- The union representatives at Federal and union officials in SSA headquarters and ness. agencies were not hired to do the work 4 of SSA’s 10 regional offices. We also re- Mr. President, I was shocked by a re- of the unions. They were hired to per- viewed union contracts, payroll records, and time-reporting forms. To determine the cent Government Accounting Office form specific duties pertaining to the amount of time spent on union activities, we [GAO] report to Congress concerning official business of the Federal agency reviewed yearly reports of time spent on union activities at the Social Security that employs them. union activities and verified the time re- Administration [SSA]. I understand The legislation I am introducing ported by reviewing source documents at one that Federal employees have the right would ensure that union activities at region and selected headquarters compo- to be represented by a union. However, the Federal level are not financed by nents. We supplemented our field work with I completely disagree that the Amer- the already heavily burdened American telephone calls to three additional SSA re- ican taxpayer should foot the bill for taxpayer. Mr. President, let the unions gions to verify that similar time reporting procedures were used. this representation. pay the salaries and expenses of those We also met with union and management The results of the GAO report are as- who perform union work; and let our officials at VA, IRS, and the Postal Service tounding and very disturbing. The GAO tax money be used to do the work of to compare their union time and costs with reported that over 413,000 hours were the American people. SSA’s. VA does not operate a national union spent by Federal employees last year The able Majority Leader, Senator time-reporting system and therefore could on union activities at the SSA. This LOTT, Senators FAIRCLOTH, HELMS, and not provide data on union activities. Con- cost the American taxpayers approxi- KASSEBAUM are original cosponsors. I sequently, we are not providing any informa- invite my other colleagues to join us in tion concerning VA. At IRS and the Postal mately $12.6 million in salaries and ex- Service, we obtained available information penses. This does not even count the support of this important measure to on union activity from headquarters and se- amount of time management spent an- correct an absolute misuse of Federal lected field facilities but did not verify its swering union concerns. The cost in- funds. accuracy. We also discussed the role and volved for management to respond may I further ask unanimous consent that function of unions in the federal government be double the nearly $13 million we the GAO report regarding union activi- with the Office of Personnel Management spent on the union representatives. ties at the Social Security Administra- (OPM) and discussed the private-sector use The GAO identified 1,800 SSA employ- tion be included in the RECORD. of official time for union activities with labor-relations experts at various trade asso- ees who are authorized by the union to There being no objection, the mate- rial was ordered to be printed in the ciations, colleges, and universities. We also spend time on SSA union activities; I reviewed a 1992 Bureau of National Affairs RECORD, as follows: repeat, Mr. President, 1,800 Federal em- publication that summarized trends in labor/ ployees, paid by the U.S. Government UNION ACTIVITY AT THE SOCIAL SECURITY management contracts for private industry. to do union work. Currently, 146 of ADMINISTRATION Finally, to determine the types of contract those representatives are considered to Mr. Chairman and Members of the Sub- provisions that exist in private industry committee: I am pleased to be here today to with regard to the use of official time, we re- be full-time. In other words, 146 Fed- discuss the time spent on union activities at eral employees are spending 100 percent viewed ten contracts on file at the Bureau of the Social Security Administration (SSA). Labor Statistics. of their time at the Social Security Ad- Union activities generally include rep- In summary, federal labor/management re- ministration working on union activi- resenting employees in complaints against lations were formalized by executive order in ties, not serving Social Security bene- management, bargaining over changes in the early 1960s.2 In 1962, an executive order ficiaries and the taxpayer, but doing working conditions and the application of permitted federal agencies to grant official full-time union work. These figures are personnel policies, and negotiating union time for certain meetings between manage- contracts with management. The federal ment and union representatives, at the dis- for just one agency. In 1993, President government pays its employees’ salaries and Clinton issued Executive Order 12871, cretion of the agency. The management con- expenses for the portion of time they are al- trol prevalent when the first executive order which requires agencies to involve lowed to spend on union activities; it also was issued has evolved over time, and today labor organizations as full ‘‘partners’’ provides other support such as space, sup- unions operating at federal government with management in identifying prob- plies, equipment, and some travel expenses.1 agencies have significant involvement in lems and creating solutions. In the Federal union members generally cannot operational and management decisions. The time that this Executive order has bargain over wages and cannot strike, and use of official time, which is authorized paid been in effect, the cost to the American federal employees are not required to join time off from assigned duties for union ac- unions and pay union dues in order to be rep- tivities, has become a routine method of taxpayer for union activity at SSA resented by the union. alone has more than doubled. Further, union operation in the federal government. Given the budget constraints facing federal OPM officials told us that currently no gov- Federal employees who are performing agencies, the Subcommittee expressed con- ernmentwide requirement exists to capture union work full-time has jumped from cern about the amount of time and expenses or report the amount of official time charged 80 to 146. There are still some 1,654 ad- devoted to union activities and paid for by to union activities. They further noted that ditional SSA employees working part- the federal government. The Subcommittee managers and employees would spend time time on union activities. Mr. Presi- expressed particular concern about SSA interacting on personnel and working condi- unions regarding the amount of money paid dent, this is outrageous. tion matters even if there were no unions op- for union activities out of the Social Secu- erating at agencies. As I stated, these figures are only for rity trust funds. the SSA. I have, therefore, requested We determined that over the last 6 years, As requested, I will focus my remarks on the time spent on union activities at SSA that the GAO prepare a similar report the history of union involvement in the fed- has grown from 254,000 to at least 413,000 to the one conducted at SSA, which eral government, the statutory basis for the hours, at a cost to SSA’s trust funds of $12.6 would address union activity within federal government to pay employee salaries million in 1995 alone. That is, SSA currently the entire Federal Government. It is and expenses for union activities, and the pays the equivalent of the salaries and ex- my feeling that the aggregate numbers amount of time spent on and costs associ- penses of about 200 SSA employees to rep- ated with union activities at SSA and how resent the interests of the approximately will be equally as staggering and the agency accounts for it. The Sub- shocking as those found at SSA. 52,000 employees represented by unions at committee also asked us to comment on how SSA. This cost represents a portion of the I am pleased to be a cosponsor of leg- the amount of time and money spent at SSA islation, authored by my good friend, $5.5 billion SSA incurred in administrative on union activities compares with what is expenses for fiscal year 1995. Senator FAIRCLOTH, which would pro- spent at other large federal agencies, such as In addition, SSA has reported to the Con- hibit using money from the Social Se- the Department of Veterans Affairs (VA) and gress that the number of full-time union rep- curity and Medicare trust funds for the Internal Revenue Service (IRS), and how resentatives, those devoting 75 percent or union activities at SSA and the De- it compares with the amount spent by the more of their time to union activities, grew partment of Health and Human Serv- U.S. Postal Service, which operates more from 80 to 145 between 1993 and 1995. We like a private-sector company. As requested, found, however, that the reporting system ices. However, I think we should go we have also provided information on union even further. No Federal money should for collecting such data does not adequately activities in the private sector. track the number of union representatives be used to subsidize union work within In response to your request, we began our charging time to union activities or the ac- any Government agency. Our Govern- work at SSA in August 1995. To develop this tual time spent. Consequently, we conducted ment workers should be attending to a limited verification of the hours spent on the business for which they were hired 1 Footnotes at end of article. union activities reported by SSA and found

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11171

that time spent on union activities was known as ‘‘bank time’’ in field offices, and BASIS FOR PAYING SALARIES OF UNION underreported. While SSA is currently devel- equivalent categories of official time in REPRESENTATIVES oping a new system to more accurately track other components, refers to time that is ne- In 1962, Executive Order 10988 permitted the time spent on union activities, it plans gotiated and limited by SSA contracts with federal agencies to grant official time, which to implement this system to replace only the its unions. Bank time includes time spent on is authorized paid time off from assigned automated reporting system for union rep- union- or employee-initiated grievances government duties, for meetings between resentatives in the field offices and tele- (complaints regarding any matter related to management and union representatives for service centers. SSA is not planning to im- employment) as well as on union-initiated contract negotiation, at the discretion of the prove the less accurate manual time-report- activities, such as training or representa- agency. In 1971, Executive Order 11491 was ing system for its other components. tional duties. The category known as amended to prohibit the use of official time Under the terms of the current SSA union ‘‘nonbank time’’ in field offices, and equiva- for contract negotiation unless the agency contract negotiated in 1993, the selection of lent categories in other components, gen- and union agreed to certain arrangements. union representatives and the amount of erally refers to time spent on management- Specifically, the agency could authorize ei- time they spend on union activities are de- initiated activities; bargaining over changes ther (1) up to 40 hours of official time for ne- termined by the union without the consent to work assignments and working conditions gotiation during regular working hours or (2) of local managers. We found that over 1,800 (such as disallowed leave, employee work up to one-half the time actually spent in ne- designated union representatives in SSA are space, and equipment); management-initi- gotiations. Over the next 4 years, a series of authorized to spend time on union activities, ated grievances; and any other time not spe- Federal Labor Relations Council decisions although most of the time spent is by SSA’s cifically designated as bank time. and regulations continued to liberalize the 146 full-time representatives. Some SSA field HISTORY OF UNION ACTIVITY IN THE FEDERAL use of official time by allowing negotiations managers told us that their having no in- GOVERNMENT for the use of official time for other pur- volvement in decisions about how much time poses. is spent by individuals and who the individ- In 1912, the Lloyd-LaFollette Act estab- The Civil Service Reform Act of 1978 au- uals are causes problems in managing the lished the right of postal employees to join a thorized official time for federal agency day-to-day activities of their operations. union and set a precedent for other federal union representatives in negotiating a col- Union representatives, on the other hand, employees to join unions. The government lective bargaining agreement. 4 The act also told us that the time they use is necessary to did little to provide agencies with guidance permitted agencies and unions to negotiate fully represent the interests of their cowork- on labor relations until the early 1960s. whether union representatives would be ers. In 1962, President Kennedy issued Execu- granted official time in connection with SSA reported that it paid for 404,000 hours tive Order 10988, establishing in the execu- other labor/management activities, as long for union activities in fiscal year 1995, as tive branch a framework for federal agencies as the official time was deemed reasonable, compared with 442,000 hours reported by IRS to bargain with unions over working condi- necessary, and in the public interest. The act in fiscal year 1994, the most recent informa- tions and personnel practices. The order es- continued to permit agencies to provide tion available. The Postal Service reported tablished a decentralized labor/management unions with routine services and facilities at that 1.7 million hours spent on union activi- program under which each agency had dis- agency expense. The act prohibited the use ties in fiscal year 1995 related to grievances. cretion in interpreting the order, deciding of official time for internal union business, This Postal Service estimate does not in- individual agency policy, and settling its such as solicitation of members. own contract disputes and grievances. clude substantial additional time spent on TIME SPENT ON AND COST OF UNION ACTIVITIES other types of union activities and paid for In 1969, President Nixon issued Executive AT SSA by either the unions or the Postal Service. Order 11491, which established a process for SSA has a national system for reporting With regard to union activity in private in- resolving labor disputes in the executive time spent on union activities by union rep- dustry, some employers pay some or all of branch by forming the Federal Labor Rela- resentatives. This system is separate from the salaries and expenses of union represent- tions Council to prescribe regulations and the agency’s time and attendance and work- atives, as the federal government does, while arbitrate grievances. This order clarified load reporting systems. Under this system, others do not. language to expressly permit bargaining on union representatives generally fill out and operational issues for employees adversely BACKGROUND submit forms to their supervisors to account affected by organizational realignments or Labor unions are groups of employees or- for union time. The hours reported on these technological changes. ganized to bargain with employers over such forms are then periodically aggregated and issues as wages, hours, benefits, and working In 1970, the Postal Reorganization Act submitted to SSA headquarters for totaling. conditions. The current federal labor/man- brought postal labor relations under a struc- This time-reporting system consists of two agement program differs from nonfederal ture similar to that applicable to companies component systems that cover roughly an programs in three important ways: (1) fed- in the private sector. Collective bargaining equal number of employees. The first is an eral unions bargain on a limited number of for wages, hours, and working conditions was automated system that captures time re- issues—bargaining over pay and other eco- authorized subject to regulation by the Na- ported by union representatives working in nomic benefits is generally prohibited,1 (2) tional Labor Relations Board. Like other field offices, which are the primary point of strikes and lockouts are prohibited, and (3) federal employees, postal employees could public contact with SSA, and at teleservice federal employees cannot be compelled to not be compelled to join or pay dues to a centers, where calls to SSA’s national 800 join, or pay dues to, the unions that rep- union and could not strike. number are answered. The second component resent them. At SSA, employees are rep- The Civil Service Reform Act of 1978 pro- is a manual system used to capture time resented by three unions: the American Fed- vided a statutory basis for the current fed- spent by union representatives at SSA head- eration of Government Employees (AFGE), eral labor/management relations program quarters, as well as at Program Service Cen- which represents over 95 percent of SSA em- and set up an independent body, the Federal ters, the Office of Hearings and Appeals, and ployees who are represented by a union; the Labor Relations Authority (FLRA), to ad- other components. Neither system is de- National Treasury Employees Union (NTEU); minister the program. The act expanded the signed to capture either time spent by man- and the National Federation of Federal Em- scope of collective bargaining—the process agement on union-related matters or the ployees (NFFE). Of SSA’s 65,000 employees, under which union representatives and man- number or names of individuals charging about 52,000 nonsupervisory employees are agement bargain over working conditions— union time. represented by the unions, and about 47 per- to allow routine negotiation of some oper- We conducted a limited verification of cent of those represented are dues-paying ational issues, such as the use of technology time captured in SSA’s national reporting union members. Union operations at SSA are and the means for conducting agency oper- system at one SSA region and several head- governed by a national AFGE contract and ations. quarters components. By tracing source doc- six other union contracts with individual In 1993, President Clinton issued Executive uments for union representatives’ time to re- NTEU and NFFE components. Order 12871, which articulated a new vision ported totals in the system, we discovered At the other federal organizations we vis- of labor/management relations, called ‘‘Part- additional time not captured by the two sys- ited, five unions had national collective bar- nership.’’ Partnership required agencies to tems. These gaps occurred primarily in the gaining agreements—four at the Postal Serv- involve labor organizations as full partners manual system and resulted from inaccurate ice and one at IRS. There were 751,000 em- with management in identifying problems reporting from the source documents, over- ployees represented by unions at the Postal and crafting solutions to better fulfill the looked reports for some union representa- Service and 97,000 at the IRS. Although other agency mission. It also expanded the scope of tives, and uncounted reports for some orga- unions without national collective bar- bargainable issues. This new arrangement nizational units during certain reporting pe- gaining agreements represented Postal Serv- was intended to end the sometimes adver- riods. We also verified that similar proce- ice employees, the number of employees rep- sarial relationship between federal unions dures were being used at three other regions, resented by these unions is less than one per- and management and to help facilitate im- which could result in similar underreporting cent of all represented employees. plementation of National Performance Re- at these locations. There are two main categories of official view initiatives, which were intended to im- The overall time spent on union activities time, or government paid time spent on prove public service and reduce cost of gov- has grown steadily from 254,000 hours in 1990 union activities, at SSA. The category ernment. to over 413,000 in 1995. This is the equivalent

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11172 CONGRESSIONAL RECORD — SENATE September 24, 1996 of paying the salaries and other expenses of timated that it spent about $600,000 on trav- time interacting with employees about simi- about 200 SSA employees to represent the el-related expenses for union representa- lar issues even if there were no unions. 52,000 employees in the bargaining unit in tives. Union representatives told us that the Nine out of the 15 union officials and rep- 1995. SSA reported 254,000 hours of official union pays travel costs for union-sponsored resentatives we talked to felt that it was time devoted to union activities in 1990, training, internal union activities, and some counterproductive in the Partnership era to 269,000 in 1991, 272,000 in 1992, 314,000 in 1993, local travel. track time spent on union activities. They 297,000 in 1994, and 404,000 in 1995. Under the national contract agreements, believe that union representation is an im- Because of limitations in SSA’s reporting arbitration fees and related expenses are portant function that is authorized by a ne- system, it is not possible to estimate actual shared equally between the union and SSA. gotiated agreement with SSA that author- time spent agencywide for any reporting pe- SSA reported that its share of arbitration izes them to represent the interests of their riod. Although it is likely that the actual costs was $54,000 for the 38 cases heard in coworkers. They consider the amount of time spent agencywide exceeds our esti- 1995. time currently allocated for their activities mates, our verification sample was not large SSA also incurs other costs for telephones, as appropriate and believe that more atten- enough to be statistically valid, so it cannot computers, fax machines, furniture, space tion should be paid to the value of their ef- be extrapolated to all of SSA. and supplies used by union representatives. forts than to the time it takes to conduct To determine what contributed to the in- In 1995, SSA estimated this cost at $500,000. them. crease in time spent on union activities, we Regarding the amount of dues collected COMPARISON OF TIME SPENT AND COST OF UNION developed information on the categories of from union members, we determined that ACTIVITY AT IRS, THE POSTAL SERVICE AND SSA time used. about $4.8 million was collected in 1995, The Postal Service and IRS provided data SSA is currently developing a new system mainly through payroll deduction. The to us on time spent on union activities in to better track and account for time spent unions use these funds for their internal ex- their agencies. Postal Service records show on union activities in its field offices and penses, which include the cost of lodging and that during fiscal year 1995, union represent- teleservice centers. SSA says the purpose of transportation for union-provided training; atives at the Postal Service reported spend- this system is to provide management and the union’s share of grievance costs; mis- ing 1.7 million hours of official time on the union with a more accurate and up-to- cellaneous furniture, supplies, and equip- grievance processing and handling in the date accounting of time spent and the num- ment for some union offices; the salaries of early stages. This number does not include ber of employees working on union activities the AFGE local president and his staff, who substantial amounts of official time spent on and to ensure that time expended on certain represent SSA headquarters employees; and employee involvement programs similar to activities does not exceed time allotted to a share of national union expenses. SSA’s Partnership activities, which are paid the unions by the contracts. SSA, however, The recent advent of Partnership activities for by the Postal Service. Neither does this has no current plans to apply this new sys- in SSA will likely increase the time spent on number include official time spent on activi- tem to headquarters, the Program Service union activities. The executive order on ties such as employee involvement training Centers, the Office of Hearings and Appeals, Partnership directs agencies to involve and ULP charges. or other components using the manual sys- unions as the representatives of employees IRS records showed that their union rep- tem and did not explain why the agency to work as full partners with management to resentatives reported spending 442,000 hours made this decision. design and implement changes necessary to on union activities in fiscal year 1994, the SSA has no system for routinely calcu- reform government. Partnership activities most recent year for which data are avail- lating and reporting the cost of union activ- at SSA are just starting, and we found that able. We did not attempt to verify these esti- ity, although it does provide annual esti- these limited activities are not routinely mates. In fiscal year 1995, the Postal Service mates of the expenses for union activities to designated by SSA in its union time-report- reported spending $29 million in basic pay on the Congress. ing system. It is possible that time spent on grievance processing and handling for the 1.7 In order to determine the accuracy of these Partnership activities is currently being re- million hours. IRS did not develop cost data estimates, we tried to construct our own es- ported in other activity categories. Con- for union operations. timate of union-related costs. Because the sequently, as Partnership activities increase, WHO PAYS UNION COSTS IN PRIVATE INDUSTRY? salaries of union representatives make up we would expect the time devoted to them to Union operations in private industry vary most of the cost, we asked SSA for a list of also increase. However, this will be evident widely. In addition to bargaining over work- current representatives and the time they only if agency time-reporting systems ade- ing conditions as SSA unions do, unions in spend on union activities. SSA estimated quately designate this time. It should be private industry bargain over wages, hours, that there were about 1,600 union representa- noted that many public and private organi- and benefits. In discussions with National tives, but the lists they maintained were zations without unions are involving em- Labor Relations Board officials, we were told outdated and incomplete. We identified ployees in quality management initiatives that some private-sector firms do not pay about 1,800 union representatives who are similar to Partnership activities. their employees’ salaries for the time they currently authorized by the union to spend spend performing union activities, and other time on SSA union activities. SSA has also SSA MANAGEMENT AND UNION VIEWS ON UNION TIME firms pay for some or all of the time. For ex- reported to the Congress that the number of ample, during our review of 10 contracts, we SSA managers and union officials and rep- full-time representatives—those spending 75 found that 7 provided for company employ- resentatives have offered their views about percent or more of their time on union ac- ees, acting as union representatives, to per- the use of official time for union activities. tivities—grew from 80 to 145 between fiscal form certain union functions in addition to SSA managers, both individually and years 1993 and 1995. We identified 145 current their company duties, at the expense of the through their managers’ associations, have full-time representatives. The average an- employer. In a 1992 publication that summa- expressed concern to us and to the Congress nual salary in 1995 for the 146 full-time rep- rized basic patterns in private industry about limitations in their ability to effec- resentatives was $41,970. In 1996, their sala- union contracts, the Bureau of National Af- tively manage their operations and control ries ranged from $23,092 to $81,217. fairs (BNA) reported that over 50 percent of We estimate that the total cost to SSA for the use of time spent by their employees the 400 labor contracts it analyzed guaran- union activities of all representatives was under the current union/management ar- teed pay to employees engaged in union ac- about $12.6 million in 1995. We calculated the rangement. By contract, the assignment of tivity on company time. It also reported 1995 personnel cost to be $11.4 million by union representatives and the amount of that 22 percent of the contracts specifically multiplying the average hourly salary of time they spend on union activities are de- prohibit conducting union activities on com- union representatives (about $27.64, includ- termined by the union without the consent pany time. ing benefits) by the 413,000 hours we esti- of local management. Private-sector employers negotiate com- mated the representatives spent on union ac- Of the 31 field managers we interviewed, 21 pany time with pay for union representatives tivities. said that it is more difficult to manage day- to handle grievances more frequently than The remaining $1.2 million in total SSA to-day office functions because they have lit- they do for contract negotiations. Of the costs for union activities includes related tle or no control over when and how union contracts reviewed by BNA, 53 percent guar- travel expenses; SSA’s share of arbitration activities are conducted. They said that they anteed pay for union representatives to costs; and support costs, such as supplies, of- have trouble maintaining adequate staffing present, investigate, or handle grievances. fice space, and telephone use. More specifi- levels in the office to serve walk-in traffic, This practice was reported occurring twice cally, in accordance with the union con- answer the telephones, and handle routine as often in manufacturing as in nonmanufac- tracts, SSA pays for travel related to con- office workloads. Additionally, 18 expressed turing businesses. BNA reported that only 10 tract negotiations and grievance cases. In concern about the amount of time they percent of the contracts guaranteed pay for addition, it pays the travel and per-diem spend responding to union requests for infor- employees to negotiate contracts. costs of all union representatives, whenever mation regarding bargaining and grievances. Forty-one percent of the private-sector meetings are held at management’s initia- We did not verify the accuracy of any of the contracts guaranteeing employees pay when tive. Union representation at major SSA ini- field managers’ statements. We tried to they conduct union activities on company tiatives, such as the reengineering of its dis- quantify the time spent by managers on time place restrictions on representatives. ability programs, the National Partnership union related activities, but SSA had no BNA reported that in 19 percent of the cases Council, and Partnership training, has added time reporting system to track it. However, with such pay guarantees, management lim- to travel and per-diem costs. In 1995, SSA es- managers would be spending some of their ited the amount of hours that it would pay

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11173 for. Our review of 10 private-sector contracts ‘‘(c)(1) With respect to a medical practi- ‘‘(4) This subsection shall not apply to any submitted to the Bureau of Labor Statistics tioner’s performance of a medical activity patent issued before the date of enactment of found one negotiated contract under which that constitutes an infringement under sec- this subsection.’’.∑ employees were limited to 6 hours a day of tion 271 (a) or (b) of this title, the provisions company time for union representation and of sections 281, 283, 284, and 285 of this title By Mr. MCCONNELL: another under which they were limited to 8 shall not apply against the medical practi- S. 2106. A bill to amend the United hours per week of company time for proc- tioner or against a related health care entity Nations Participation Act of 1945 to essing grievances. with respect to such medical activity. prohibit the placement of members of CONCLUSIONS ‘‘(2) This subsection does not apply to the the United States Armed Forces under SSA, like other federal agencies and some activities of any person, or employee or the command, direction, or control of private firms, pays for approved time spent agent of such person (regardless of whether such person is a tax exempt organization the United Nations, and for other pur- by their employees on union activities. SSA poses; to the Committee on Foreign has a special fiduciary responsibility to ef- under section 501(c) of the Internal Revenue fectively manage and maintain the integrity Code of 1986), who is engaged in the commer- Relations. of the Social Security trust funds from cial development, manufacture, sale, impor- THE UNITED NATIONS PARTICIPATION ACT OF 1945 which most of these expenses are paid. In a tation, or distribution of a machine, manu- AMENDMENT ACT OF 1996 time of shrinking budgets and personnel re- facture, or composition of matter or the pro- ∑ Mr. MCCONNELL. Mr. President, for sources, it is especially important for SSA, vision of pharmacy or clinical laboratory several months, I have tried to get a as well as other agencies, to evaluate how re- services (other than laboratory services pro- straight answer from the administra- sources are being spent and to have reliable vided in a physician’s office), if such activi- tion on the legal justification for the monitoring systems that facilitate this eval- ties are— deployment of U.S. troops under uation. ‘‘(A) directly related to the commercial de- To ensure accurate tracking of time spent velopment, manufacture, sale, importation, United Nations’ command in Mac- on union activities and the staff conducting or distribution of a machine, manufacture, edonia. While the soldiers have a mis- these activities, SSA has developed and is or composition of matter or the provision of sion, I do not believe they have a clear, testing a new time-reporting system for its pharmacy or clinical laboratory services legal mandate. field offices and teleservice centers. We agree (other than clinical laboratory services pro- The question of our involvement in that these are valuable goals for a time-re- vided in a physician’s office); and Macedonia was first brought to my at- porting system and believe that it should be ‘‘(B) regulated under the Federal Food, tention by Ron Ray, a constituent of implemented agencywide, including at head- Drug, and Cosmetic Act, the Public Health mine who was representing Michael quarters, Program Service Centers, the Of- Service Act, or the Clinical Laboratories Im- New. Apparently, Michael New asked fice of Hearings and Appeals, and other com- provement Act. ponents currently using the less reliable ‘‘(3) For purposes of this subsection: his commanding officer to provide manual reporting system. With an improved ‘‘(A) the term ‘body’ means— some explanation as to why an Amer- agencywide system, SSA management ‘‘(i) a human body, organ, or cadaver; or ican Army specialist was being asked should have better information on where its ‘‘(ii) a nonhuman animal used in medical to wear a U.N. uniform and deploy to resources are being spent. research or instruction directly relating to Macedonia under the U.N. flag. Mr. Chairman, this concludes my formal the treatment of humans. In a recent hearing with Ambassador remarks. I would be happy to answer any ‘‘(B) The term ‘medical activity’ means the Madeleine Albright, usually one of the question from you or other members of the performance of a medical or surgical proce- Subcommittee. Thank you. dure on a body, but shall not include— more plain spoken members of the FOOTNOTES ‘‘(i) the use of a patented machine, manu- President’s foreign policy team, we re- viewed the procedures for deploying 1 The U.S. Postal Service generally does not pay facture, or composition of matter in viola- the salaries and expenses of full-time union rep- tion of such patent; American troops under the United Na- resentatives. Instead, salaries and expenses are cov- ‘‘(ii) the practice of a patented use of a tion’s flag. She offered the view that ered by union dues. The Postal Services does, how- composition of matter in violation of such while there were clear guidelines defin- ever, pay for the time spent on union activities by patent; or ing chapter VII deployments, using some parttime union representatives and for union- ‘‘(iii) the practice of a process in violation occupied space in postal facilities. of a biotechnology patent. chapter VI to justify a mission had 2 Postal labor/management relations are governed ‘‘(C) The term ‘medical practitioner’ evolved as a matter of U.N. custom and by the Postal Reorganization Act of 1970, which in- tradition. corporates many provisions of the National Labor means any natural person who is— Relations Act. ‘‘(i) licensed by a State to provide the med- Since 1948, 27 peace operations have 3 Postal unions, however, can bargain over wages ical activity described under paragraph (1); been authorized by the United Nations and other economic benefits. or Security Council. In addition to being 4 The Postal Service is not governed by this act. ‘‘(ii) acting under the direction of such authorized by a specific chapter of the The basis for paying certain union representatives natural person in the performance of the United Nations Charter, U.S. troop de- for specified union activities at the Postal Service is medical activity. contained in union contracts. Contract negotiations ‘‘(D) The term ‘patented use of a composi- ployments must be authorized con- are carried out at union expense. tion of matter’ does not include a claim for sistent with U.S. legal requirements spelled out in the United Nations Par- By Mr. FRIST: a method of performing a medical or surgical S. 2105. A bill to amend chapter 29 of procedure on a body that recites the use of a ticipation Act. composition of matter if the use of that com- In July 1993, President Clinton wrote title 35, United States Code, to provide position of matter does not directly con- the Congress stating, ‘‘U.N. Security for a limitation on patent infringe- tribute to achievement of the objective of ments relating to a medical practi- Council Resolution 795 established the the claimed method. UNPROFOR Macedonia mission under tioner’s performance of a medical ac- ‘‘(E) The term ‘professional affiliation’ tivity; to the Committee on the Judici- means staff privileges, medical staff mem- a chapter VI of the U.N. Charter and ary. bership, employment or contractual rela- UNPROFOR Macedonia is a peace- keeping force under chapter VI of the PATENT INFRINGEMENTS LIMITATION tionship, partnership or ownership interest, LEGISLATION academic appointment, or their affiliation Charter.’’ But this assertion is not sub- ∑ Mr. FRIST. Mr. President, I ask under which a medical practitioner provides stantiated by the record of resolutions a medical activity on behalf of, or in associa- and reports passed by the United Na- unanimous consent that the text of the tion with, a health care entity. bill be printed in the RECORD. tions. ‘‘(F) The term ‘related health care enti- Between 1991 and the end of 1995, the There being no objection, the bill was ty’— ordered to be printed in the RECORD, as ‘‘(i) means an entity with which a medical United Nations passed 97 Security follows: practitioner has a professional affiliation Council resolutions related to the S. 2105 under which the medical practitioner per- former Yugoslavia. In addition, 13 re- Be it enacted by the Senate and House of Rep- forms a medical activity; and ports were issued by the U.N. Secretary resentatives of the United States of America in ‘‘(ii) includes without limitation such an General relative to the mandate of the Congress assembled, affiliation with a nursing home, hospital, UNPROFOR Macedonia operation. SECTION 1. LIMITATION ON PATENT INFRINGE- university, medical school, health mainte- None of these resolutions or reports MENTS RELATING TO A MEDICAL nance organization, group medical practice, mention a chapter VI mandate for Mac- or a medical clinic. PRACTITIONER’S PERFORMANCE OF edonia. In fact, there are 27 resolutions A MEDICAL ACTIVITY. ‘‘(G) The term ‘State’ means any State or Section 287 of title 35, United States Code, territory of the United States, the District which specifically refer to UNPROFOR, is amended by adding at the end the fol- of Columbia, and the Commonwealth of which includes Macedonia, as chapter lowing new subsection: Puerto Rico. VII. It is worth pointing to just one of

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11174 CONGRESSIONAL RECORD — SENATE September 24, 1996 these resolutions which states that the Mr. President, I have taken the time I have another, more personal, reason United Nations Security Council was to review the circumstances of our for being interested in MFN status for ‘‘Determined to ensure the security of military involvement in Macedonia, in Mongolia. Mongolia and my home UNPROFOR and its freedom of move- order to explain why I am introducing State of Wyoming are sister states; a ment for all its missions (i.e., Mac- legislation today which assures U.S. strong relationship between the two edonia) and to these ends was acting troops will not serve under U.N. com- has developed over the past 3 years. under chapter VII of the Charter of the manders and will not be forced to wear Several Mongolian Provincial Gov- United Nations.’’ a U.N. uniform. Our soldiers sign up to ernors have visited the State, and the In spite of the record, the adminis- serve and pledge allegiance to their Na- two governments have established tration continues to insist that Mac- tion—not the United Nations. This bill partnerships in education and agri- edonia is a chapter VI operation. When will protect them as they fulfill both culture. Like Wyoming, Mongolia is a I asked them to document this deter- their oath and responsibilities.∑ high plateau with high mountains on mination, I was provided the following the northwest border, where many of By Mr. THOMAS (for himself, Mr. guidance by the Acting Assistant Sec- the inhabitants make their living by ROBB and Mr. MCCAIN): retary of State: raising livestock. I am pleased to see S. 2107. A bill to authorize the exten- The U.N. Charter authority underlying the the development of this mutually bene- mandate of a U.N. peace operation depends sion of nondiscriminatory treatment— most-favored-nation treatment—to the ficial relationship, and am sure that on an interpretation of the relevant resolu- the extension of nondiscriminatory tions of the U.N. Security Council. As a mat- products of Mongolia; to the Com- ter of tradition, the Security Council explic- mittee on Finance. trade status will serve to strengthen it further. itly refers to a ‘‘Chapter VII’’ when it au- MONGOLIA MOST-FAVORED-NATION STATUS EREU thorizes an enforcement operation under LEGISLATION Mr. President, Congressman B - that Chapter. The absence of a reference to Mr. THOMAS. Mr. President, I rise as TER has introduced similar legislation Chapter VII in a resolution authorizing or in the House. While we both realize establishing a peacekeeping operation thus chairman of the Subcommittee on East Asian and Pacific Affairs to introduce that it is probably too late in the legis- indicates that the operation is not consid- lative year to move this bill forward ered by the Security Council to be an en- S. 2107, a bill to authorize the exten- forcement operation. Neither does the Secu- sion of nondiscriminatory treatment— before we adjourn sine die, we hope rity Council refer explicitly to ‘‘Chapter VI’’ formerly known as most-favored-na- that introducing the bill now will serve in its resolutions pertaining to peacekeeping tion status—to the products of Mon- as a starting point to move forward operations. This practice evolved over time golia. I am pleased to be joined by the with this important measure early in as a means for the Security Council to de- subcommittee’s ranking minority the next Congress. velop practical responses to problems with- member, Senator ROBB, and Senator Mr. President, I ask unanimous con- out unnecessarily invoking the full panoply sent that the text of the bill be printed of provisions regarding the use of force under MCCAIN as original cosponsors. Chapter VII, and without triggering other Mongolia has undergone a series of in the RECORD. Charter provisions that might impede Mem- remarkable and dramatic changes over There being no objection, the bill was ber States on the Security Council if Chapter the last few years. Sandwiched between ordered to be printed in the RECORD, as VI were referenced. the former Soviet Union and China, it follows: In essence what this explanation was one of the first countries in the S. 2107 means is U.S. troops can be deployed in world to become Communist after the Be it enacted by the Senate and House of Rep- harm’s way as a matter of U.N. tradi- Russian revolution. After 70 years of resentatives of the United States of America in tion rather than U.S. law. It means Communist rule, though, the Mongo- Congress assembled, U.S. soldiers are deployed in a combat lian people recently have made great SECTION 1. CONGRESSIONAL FINDINGS. zone with an absence of reference to progress in establishing a democratic The Congress finds that Mongolia— the actual legal mandate because the political system and creating a free- (1) has received most-favored-nation treat- U.N. Security Council does not want to market economy. Just this year, the ment since 1991 and has been found to be in refer explicitly to chapter VI due to a country held its third election under full compliance with the freedom of emigra- reluctance to inconvenience member its new constitution, resulting in a par- tion requirements under title IV of the Trade Act of 1974; states on the Security Council. liamentary majority for the coalition (2) has since ending its nearly 70 years of Mr. President, let me try to add a lit- of democratic opposition parties. Rath- dependence on the former Soviet Union, tle clarity to just what the Acting As- er than attempt to maintain its hold made remarkable progress in establishing a sistant Secretary means when stating on power, the former government democratic political system and creating a the administration does not want to in- peaceably—and commendably—trans- free-market economic system; voke a ‘‘panoply of provisions regard- ferred power to the new government. (3) has recently held its third election ing the use of force.’’ In simple Mongolia has demonstrated a strong under its new constitution, resulting in a English, when a chapter VII mission is desire to build a friendly and coopera- parliamentary majority for the coalition of authorized by the U.N., U.S. law re- tive relationship with the United democratic opposition parties and a peace- States on trade and related matters able transfer of power to the new govern- quires the operation to be approved by ment; the Congress. In simple terms, the since its turn toward democracy. We (4) has concluded a bilateral trade treaty State Department is using a chapter VI concluded a bilateral trade treaty with with the United States in 1991, and a bilat- designation to avoid having to come to that country in 1991, and a bilateral in- eral investment treaty in 1994; the Congress to justify the financial vestment treaty in 1994. Mongolia has (5) has acceded to the Agreement Estab- and military burden the United States received nondiscriminatory trading lishing the World Trade Organization; has assumed in Macedonia. status since 1991, and has been found to (6) has demonstrated a strong desire to When the State Department calls a be in full compliance with the freedom build a friendly and cooperative relationship panoply of provisions problem, I call of emigration requirements under title with the United States on trade matters; and surrendering U.S. interests to U.N. (7) the extension of unconditional most-fa- IV of the Trade Act of 1974. In addition, vored-nation treatment to the products of command. This is not the first time it has acceded to the Agreement Estab- Mongolia would enable the United States to Congress has been circumvented. I had lishing the World Trade Organization. avail itself of all rights under the World hoped the administration had learned Mr. President, Mongolia has clearly Trade Organization with respect to Mon- from our experience in Somalia. I had demonstrated that it is fully deserving golia. hoped the tragic loss of life would help of joining the ranks of those countries SEC. 2. TERMINATION OF APPLICATION OF TITLE the President understand the value and to which we extend nondiscriminatory IV OF THE TRADE ACT OF 1974 TO importance of a full congressional de- trade status. The extension of that sta- MONGOLIA. bate and approval of the merits of de- tus would not only serve to commend (a) PRESIDENTIAL DETERMINATIONS AND EX- ploying American soldiers overseas the Mongolians on their fine progress, TENSIONS OF NONDISCRIMINATORY TREAT- MENT.—Notwithstanding any provision of into hostile conditions. Apparently, but would also enable the United title IV of the Trade Act of 1974 (19 U.S.C. the lesson is lost on this administra- States to avail itself of all its rights 2431 et seq.), the President may— tion. When the U.N. calls, we send our under the WTO with respect to Mon- (1) determine that such title should no young men and women to serve. golia. longer apply to Mongolia; and

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11175 (2) after making a determination under propriate. But to a State that has said core of people’s moral beliefs. But re- paragraph (1) with respect to Mongolia, pro- it intends to use Federal dollars to fur- gardless of one’s personal views about claim the extension of nondiscriminatory ther their State policy allowing as- assisted suicide, there is little dis- treatment (most-favored-nation treatment) sisted suicide, we say no. That is not to the products of that country. agreement on the broader question of (b) TERMINATION OF APPLICATION OF TITLE what we would expect Federal dollars, whether we ought to use Federal IV.—On or after the effective date of the ex- especially Federal health care dollars, health care dollars to pay for physi- tension under subsection (a)(2) of non- to be used for. We would expect Federal cian-assisted suicide. discriminatory treatment to the products on health care dollars to be used to ad- Mongolia, title IV of the Trade Act of 1974 vance the health of patients and the In fact, a national survey earlier this shall cease to apply to that country. delivery of medicine to those in this year found that 83 percent of the Amer- country who need it—not to advance ican people believe that tax dollars By Mr. DORGAN (for himself, Mr. should not be used for assisted suicide. ASHCROFT, Mr. BIDEN, Mr. Federal payment for those who would I believe this legislation should and BREAUX, Mr. COATS, Mr. elect physician-assisted suicide. Some might say, ‘‘Well, why do you will have wide support. The National DEWINE, Mr. FAIRCLOTH, Mr. have to legislate on this?’’ I say to Conference of Catholic Bishops and the FORD, Mr. GRASSLEY, Mr. HAT- them, if we do not, when the courts re- National Right to Life Committee have FIELD, Mr. INHOFE, Mr. LOTT, solve the legal questions with respect both endorsed the bill. The American Mr. MACK, Mr. MCCONNELL, Mr. to the Oregon law, we likely will im- MURKOWSKI, Mr. PRESSLER, and Medical Association and the American mediately be using Federal dollars to Mr. THURMOND): Nurses Association have position state- S. 2108. A bill to clarify Federal law pay for physician-assisted suicide in ments opposing assisted suicide. Presi- with respect to assisted suicide, and for that State, regardless of whether Con- dent Clinton has also indicated his op- other purposes; to the Committee on gress and the public want them to or position to assisted suicide, and Sen- Labor and Human Resources. not. The officials in that State have in- ator ASHCROFT and I hope that our col- THE ASSISTED SUICIDE FUNDING RESTRICTION dicated that will be the case. So with leagues will join us as cosponsors of ACT this legislation we say we think it is this legislation. We hope to advance Mr. DORGAN. Mr. President, I rise inappropriate from a public policy this legislation in the intervening today, along with my colleague, Sen- standpoint and we would not want days, and also, if necessary, to reintro- scarce Federal dollars used for that ator ASHCROFT, to introduce a piece of duce it early in the next session to see legislation. We understand that it is purpose. I would like to describe what this if we can get the Congress to enact this late in the session, but we have just legislation soon. completed work on the legislation, and legislation is not because it is as im- we hope that introducing it now and portant as describing what it is. Let me again sum up what this bill reintroducing it in the next Congress This legislation does not limit the would and would not do, along with will allow us to make some progress to- withholding of, or the withdrawal of, why it is necessary. Mr. President, this ward enacting this bill. medical treatment, or of nutrition, or legislation will prohibit Federal funds There are 15 original cosponsors be- hydration from terminally-ill patients from being used for the costs associ- sides myself and Senator ASHCROFT: who have decided they do not want ated with assisted suicide. Senators BIDEN, BREAUX, COATS, their lives sustained by medical tech- nology. Most people and States recog- Let me say again that I am pleased DEWINE, FAIRCLOTH, FORD, GRASSLEY, to work with my colleague, Senator HATFIELD, INHOFE, LOTT, MACK, MCCON- nize that there are ethical, moral, and legal distinctions between actively ASHCROFT of Missouri, who I know feels NELL, MURKOWSKI, PRESSLER, and strongly about this issue as well. THURMOND. taking steps to end a patient’s life and This is obviously a bipartisan group withholding or withdrawing treatment Mr. President, this legislation will of Senators who are today introducing in order to allow a patient to die natu- prohibit Federal funds from being used this legislation. I will describe it brief- rally. Again, this legislation specifi- for the costs associated with assisted ly, and then I will ask my colleague, cally states that we are not interfering suicide. Senator ASHCROFT from Missouri, with with the ability of patients and their I understand that the decisions that whom I am pleased to introduce this families to end or withdrawal treat- confront individuals and their families today, to add to that description. ment. when a terminal illness strikes are Our legislation is called the Assisted This legislation also does not pro- among the most difficult a family will Suicide Funding Restriction Act. That hibit Federal funding for any care or ever have to make. At times like this, is a rather long name, but simply stat- service that is intended to alleviate a ed, what this bill ensures is that Fed- patient’s pain or discomfort, even if each of us must rely on our own reli- eral tax dollars will not be used to pay the use of this pain control ultimately gious beliefs and conscience to guide for assisting in suicide. hastens the patient’s death. I think we us. But regardless of one’s personal We are in a circumstance in this would all agree that we should make views about assisted suicide, I do not country where only one State—the the utmost effort to ensure that termi- believe that taxpayers should be forced State of Oregon—has legalized physi- nally ill patients do not spend their to pay for this controversial practice. cian-assisted suicides. The State has final days in pain and suffering, and The majority of taxpayers I have every right to do that. And Oregon is this legislation does not hinder that. talked to do not want their tax money now engaged in the courts in a chal- Finally, this legislation does not pro- used to assist in suicides. In fact, when lenge of its law. When and if the court hibit a State from using its own dollars asked in a poll in May of this year challenge is dismissed and it becomes to assist in suicide. If a State decides whether tax dollars should be spent for law in Oregon—as is expected based on that it wants to allow and pay for phy- assisting suicide, 83 percent of tax- an earlier Ninth Circuit Court of Ap- sician-assisted suicide as a matter of payers feel tax money should not be peals decision—the folks who run the policy, it can use its own money to fur- spent for this purpose. ther that aim. This bill simply says we Medicaid Program in Oregon indicate The Assisted Suicide Funding Re- that the State fully intends to use its do not want Federal dollars used for striction Act prevents any Federal Medicaid dollars to pay for physician- that purpose. funding from being used for any item assisted suicides. Mr. President, I understand that the Some of us here in Congress believe issue of assisted suicide is an enor- or service which is intended to cause, that we ought not to in any way coun- mously emotional one. All of us in this or assist in causing, the suicide, eutha- tenance the use of Federal dollars in country have read the news accounts of nasia, or mercy killing of any indi- the furtherance of physician-assisted a doctor who is actively involved in as- vidual. The programs covered under suicides. We are not telling the States sisting in his patients’ suicides and of this bill include Medicare, Medicaid, what their policies ought to be with re- those who have taken him to court the military health care system, Fed- spect to whether physician-assisted saying he has violated their State law. eral Employees Health Benefits suicides should be allowed. Most States People have very strongly held opin- [FEHB] plans, Public Health Service have already made that judgment and ions about this subject because issues programs, programs for the disabled, decided that assisted suicide is not ap- of life and death reach to the inner and the Indian Health Service.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11176 CONGRESSIONAL RECORD — SENATE September 24, 1996 This bill does make some important may very well make this decision for I thank my colleague from North Da- exceptions. First, let me make clear us. kota and those who have joined us in that this bill does not limit the with- In two separate cases this year, Com- cosponsoring this particular measure. holding or withdrawal of medical treat- passion in Dying versus State of Wash- Mr. President, President Jefferson ment or of nutrition or hydration from ington and Quill versus Vacco, the Fed- wrote in words that are now inscribed terminally ill patients who have de- eral Ninth and Second Circuit Courts on the Jefferson Memorial that the cided that they do not want their lives of Appeal, respectively, have struck ‘‘care and protection of human life, and sustained by medical technology. Most down Washington and New York State not its destruction’’ are the only legiti- people and States recognize that there statutes outlawing assisted suicide. In mate objectives of good government. are ethical, moral, and legal distinc- the Compassion in Dying case, the Thomas Jefferson believed that our tions between actively taking steps to ninth circuit held that the ‘‘right to rights were God-given and that life was end a patient’s life and withholding or die’’ is constitutionally recognized and an inalienable right. withdrawing treatment in order to that Washington State’s law prohib- In this spirit and understanding, I allow a patient to die naturally. Every iting physicians from prescribing life- join today with Senator DORGAN in State now has a law in place governing ending medication therefore violates sponsoring the Assisted Suicide Fund- a patient’s right to lay out in advance, the ‘‘due process’’ clause of the 14th ing Restriction Act. It is a modest and through an advanced directive, living amendment for terminally ill adults timely response to a challenge to our will, or some other means, his or her who wish to end their life. In Quill legal system and a challenge to the wishes related to medical care at the versus Vacco, the second circuit also moral character of this country. What end of life. Again, this bill would not found that a State law prohibiting phy- this bill says simply is that Federal tax interfere with the ability of patients sician-assisted suicide violates the dollars shall not be used to pay for and and their families to make clear and Constitution, but it did not agree with promote assisted suicide, or eutha- carry out their wishes regarding the the ninth circuit’s reasoning that such nasia. withholding or withdrawal of medical a law violates the due process clause. This bill is urgently needed to pre- care that is prolonging the patient’s Rather, the second circuit held that serve the intent of the Founding Fa- life. the New York State law was unconsti- thers and the integrity of Federal pro- This bill also makes clear that it tutional because it violates the ‘‘equal grams as they now exist and serve the does not prevent Federal funding for protection’’ clause of the Constitution. elderly and seriously ill in America— any care or service that is intended to The Supreme Court could decide to programs which were intended to sup- alleviate a patient’s pain or discom- take up one or both of these cases as port life and to enhance human life, fort, even if the use of this pain control early as next year. not to promote its destruction. ultimately hastens the patient’s death. Ironically, in a third case, Lee versus Government’s role in this culture Large doses of medication are often Oregon, a Federal district court judge should be to call us to our highest and needed to effectively reduce a termi- also used the ‘‘equal protection’’ clause best. I do not believe Government has a nally ill patient’s pain, and this medi- as the basis for his decision—but he role in hastening Americans to their cation may increase the patient’s risk ruled that Oregon’s 1994 law allowing graves. of death. I think we all would agree assisted suicide for the terminally ill Our court system is in the process that the utmost effort should be made violates the Constitution, and the now of litigating serious issues in this to ensure that terminally ill patients judge enjoined the implementation of respect, and, as a result, we find our- Oregon’s law. However, this decision do not spend their final days in pain selves with the need for this kind of has been appealed to the Ninth Circuit and suffering. clarifying legislation dramatized. This Finally, while I think Federal dollars Court of Appeals, which has already af- bill is intended to prevent the morally ought not be used to assist a suicide, firmed a constitutional ‘‘right to die.’’ contemptible injustice of taking this bill does not prohibit a State from The ninth circuit’s decision, which is money from an American citizen and using its own dollars for this purpose. expected to overturn the district court then using that money to kill another However, I do not think taxpayers from and lift the injunction against Oregon’s American citizen through assisted sui- other States, who have determined law, could be handed down any day. cide. The State’s Medicaid director has al- that physician-assisted suicide should This is a bill which is very narrowly ready stated that, when the injunction be illegal, should be forced to pay for focused. It is clearly targeted. It only against Oregon’s law is lifted, Oregon this practice through the use of Fed- affects Federal funding for actions will use Medicaid dollars to pay for the eral tax dollars. whose direct purpose is to cause or as- costs associated with a physician as- I realize that the legality of assisted sist in causing suicide—actions that sisting in suicide. suicide has historically been a State are clearly condemned as unethical by I hope you agree with me and the issue. Thirty-five States, including my vast majority of Americans who oppose the American Medical Association and State of North Dakota, have laws pro- using scarce Federal dollars to pay for also illegal in the vast majority of our hibiting assisted suicide and at least assisted suicide. I invite you to join States. Again, this bill simply pro- eight other States consider this prac- hibits any Federal funding for medical me, Senator ASHCROFT and 15 of our tice to be illegal under common law. colleagues in this effort by cospon- actions that assist suicide. Only one State, Oregon, has a law le- soring the Assisted Suicide Funding This bill is needed because, in March, galizing assisted suicide. Restriction Act.∑ the Ninth Circuit Court of Appeals con- However, two circumstances have I yield the floor. tradicted the positions of 49 States, changed that now make this an issue of Mr. ASHCROFT addressed the Chair. when it found a ‘‘Federal constitu- Federal concern. First, Federal courts The PRESIDING OFFICER. The Sen- tional right’’ to physician-assisted sui- are already handing down decisions ator from Missouri is recognized. cide in a case involving Washington that will have enormous consequences Mr. ASHCROFT. Mr. President, let State law. Similarly, the State of Or- on our public policy regarding assisted me begin by commending my colleague egon passed Measure 16, the first law in suicide. Second, we are on the brink of form North Dakota for his excellent re- America to authorize the dispensing of a situation where Federal Medicaid marks, and his clear explanation of drugs to terminally ill patients to as- dollars may soon be used to reimburse this important concept that I believe sist in their suicide. physicians who help their patients die. the American people would have us do. Although a Federal court in Oregon Should this occur, Congress will not And, after all, we come to this body as struck down the law that Oregon had have considered this issue. I believe it servants of the people. The people are enacted, the case is being appealed to was never Congress’ intention for Med- overwhelmingly aware of this issue, that same ninth circuit, which has al- icaid or other Federal dollars to be and the vast majority of American citi- ready signaled that it believes in a used to assist in suicide, and I hope we zens do not believe that tax dollars right, a constitutional right, to as- will take action soon to stop this prac- should be used in the conduct of medi- sisted suicide. tice before it starts. If Congress does cine in such a way as to take lives Oregon’s Medicaid director and the not act, a few States, or a few judges, rather than to save them. chairman of Oregon’s Health Services

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11177 Commission have both said that when- States have considered and rejected citizens, not become vehicles for the ever the ninth circuit allows the Or- bills to legalize assisted suicide. Of destruction of our citizens, especially egon law to go into effect, that the fed- course, the Federal funding question as a result of Federal funding. erally funded Medicaid Program in Or- has never been placed before the people I would like to close by quoting the egon will begin paying for assisted sui- in a ballot initiative. hallmark of Jeffersonian principles em- cide with Federal taxpayers’ funds. Ac- I would like to say a few words about bodied in the Declaration of Independ- cording to Oregon’s authorities, the the way this legislation is crafted. It is ence: procedure would be listed on Medicaid very carefully limited, and it is very We hold these truths to be self-evident, reimbursement forms under the gro- modest. It does not in any way forbid a that all men are created equal, that they are tesque euphemism of ‘‘comfort care.’’ State to legalize assisted suicide. If a endowed by their Creator with certain That is a rather startling, almost Or- unalienable Rights, that among these are State like Oregon chooses to do so, the Life, Liberty, and the pursuit of Happiness. wellian label to put on assisted suicide. Federal Government does not choose to I therefore urge all my colleagues to I would think if I were going over an intrude under this bill, or even forbid support this bill, an effort to uphold insurance policy and someone said, the State to provide its own funds. congressional responsibility, to defend ‘‘Do you want to be covered for com- If the State were to provide for as- the foremost of our unalienable rights, fort care,’’ I would say, ‘‘Oh, yes, throw sisted suicide and were to fund that the right that citizens have to life. in the comfort care.’’ But comfort care with State dollars, in spite of the fact turns out to be a phrase that is des- that is not my idea of good State gov- By Mr. DASCHLE: tined to be used for assisted suicide, ernment, it would be allowed under S. 2109. A bill to provide a 1-year and I do not believe it is intended by this bill. This bill simply would pre- delay in the imposition of penalties on this Congress or previous Congresses, vent Federal funds and Federal pro- small businesses failing to make elec- or in the law of the United States, that grams from being drawn into and pro- tronic fund transfers of business taxes; tax dollars from Federal resources be viding support for and promoting as- to the Committee on Finance. used to support that kind of ‘‘comfort sisted suicide. After the passage of this SMALL BUSINESS LEGISLATION care.’’ bill, States may choose to legalize or Mr. DASCHLE. Mr. President, today The problem is greatly magnified even fund assisted suicide. They simply I am introducing legislation that would when we consider that Oregon will be could not choose to draw down Federal waive for 1-year penalties on small drawing down Federal taxpayers’ funds funds to promote or develop that pro- businesses that fail to pay their taxes to help pay for such assisted suicides. gram. to the Internal Revenue Service [IRS] Neither Medicaid nor Medicare nor any The bill also does not attempt to re- electronically. other Federal health program has ex- solve the constitutional issue that is In July of this year, millions of small plicit language to prohibit the use of on its way to the Supreme Court, that business owners received a letter from Federal funds to dispense lethal drugs issue being whether there is a right to the IRS announcing that, beginning for suicide, primarily because nobody assisted suicide or euthanasia. Nor January 1, 1997, business tax payments in the history of these programs felt would this legislation be affected by would have to be made via electronic that we would be appropriating money what the Supreme Court might do funds transfer. This letter sent shock or creating a program to provide for when it decides that issue. Congress waves through the small business com- suicide. We felt we were providing for would still have the right to prevent munity in South Dakota. The letter individuals, developing therapeutic ap- Federal funding of such a practice, was vague and provided little informa- proaches to health problems, not pro- even if the Supreme Court found that tion on how the new deposit require- viding for something that the Amer- there was a constitutional right to as- ment would work. ican Medical Association would say sisted suicide. In meetings, letters, and phone calls, was unethical and inappropriate, and It is also important to understand South Dakotans have posed many ques- which would shock the conscience of what this bill does not cover. As its tions to me that the IRS letter did not most Americans. rule of construction clearly provides, it answer: ‘‘How much will this cost my When Oregon’s ninth circuit rein- does not affect abortion. It does not af- business?’’; ‘‘Will I have to purchase states measure 16, Federal funds will be fect complex issues, such as the with- new equipment to make these elec- used for comfort care, a.k.a.—also holding or withdrawal of life-sus- tronic transfers?’’; and ‘‘Will the IRS known as—assisted suicide. As a result, taining treatment, even of nutrition be taking the money directly out of my I think it is important for us to step up and hydration. Nor does this bill affect account?’’ and to define and to place into law the the disbursing of large doses of mor- As you may recall, this new require- kinds of restrictions which I think we phine or other pain killers to ease the ment was adopted as part of a package felt were implied in all of our activities pain of individuals with terminal ill- of revenue offsets for the North Amer- prior to this time. We would be derelict nesses, even though the administration ican Free-Trade Agreement. The Treasury Department was di- in our duty if we were now to ignore of such drugs does, in some cases, carry rected to draw up regulations phasing this problem and allow a few officials, the risk of hastening death as a side ef- in the requirement, which will raise either in a Federal circuit or in a spe- fect. The administration of pain killers money by eliminating the float banks cific State, to decide that the tax- is a long-acknowledged, legally accept- accrue on the delay between the time payers of all other States and jurisdic- ed practice in all 50 States—and is ethi- they receive tax deposits from busi- tions would have to help subsidize a cally accepted by the medical profes- nesses and the time they transfer this practice which they have never author- sion and even pro-life and religious or- money to the Treasury. ized and that millions find to be mor- ganizations as well. All businesses with $47 million or ally abhorrent. What we are dealing with here is the more in annual payroll taxes are al- It is crystal clear that the American Federal funding of actions whose direct ready required to pay by electronic people do not want their tax dollars purpose is to cause or assist in causing funds transfer. The new, lower thresh- spent on dispensing toxic drugs with the suicide of a patient. old is estimated to bring 1.3 million the sole intent to assist suicide. Re- I am pleased that in spite of the fact small- and medium-sized businesses cently, a Wirthlin Poll showed 83 per- the Democrats and Republicans may into the program for the first time. cent of the public opposed such use of disagree on how to reform Federal pro- As a result of protests registered by Federal funds. Even the voters of Or- grams like Medicaid and Medicare, many small businesses, the IRS decided egon, who narrowly approved Measure there are things on which we do agree. to delay for 6 months the 10 percent 16 by a vote of 51 to 49 percent, did not One thing we should be able to agree on penalty on firms failing to begin mak- consider the question of public funding. is the measure in this bill. Of course, ing deposits electronically by January Voters of two other west coast States, our agreement is reflected in the co- 1, 1997. Not satisfied with this step, California and Washington, soundly de- sponsorship of this measure by individ- Congress recently passed an outright 6 feated similar initiatives to legalize as- uals on both sides of the aisle. These month delay in the electronic filing re- sisted suicide. Since November of 1994, Federal programs should provide a quirement as part of the Small Busi- when Oregon passed its law, 15 other means to care for and to protect our ness Job Protection Act of 1996.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11178 CONGRESSIONAL RECORD — SENATE September 24, 1996 I strongly supported this amend- ken up in order to raise cash to pay a Code is amended by redesignating paragraph ment. However, I believe that these 1.3 large estate tax bill to the Internal (3) as paragraph (4) and by inserting after million businesses should be given fur- Revenue Service. Not infrequently, a paragraph (2) the following new paragraph: ther time to comply without the threat company that has been built over a pe- ‘‘(3) QUALIFIED GRATUITOUS TRANSFER OF QUALIFIED EMPLOYER SECURITIES.— of financial penalties. Electronic funds riod of decades is dismantled, cutting ‘‘(A) IN GENERAL.—For purposes of this sec- transfer may well prove to be the most adrift employees with years of service. tion, the term ‘qualified gratuitous transfer’ efficient system of payment for all con- My bill would provide a way for an means a transfer of qualified employer secu- cerned, including small businesses. owner of a nonpublicly traded company rities to an employee stock ownership plan Once they learn the advantages of the to benefit company employees without (as defined in section 4975(e)(7)) but only to new system, these firms may well come having the estate tax stand in the way. the extent that— to prefer it to the existing one, which It would permit the owner under cer- ‘‘(i) the securities transferred previously requires a special kind of coupon and a tain circumstances to donate his or her passed from a decedent to a trust described lot of paperwork. But this is a new pro- shares to the company’s ESOP through in paragraph (1) or (2); ‘‘(ii) no deduction under section 404 is al- cedure, and many small employers are the use of a charitable/ESOP remainder lowable with respect to such transfer; not sure what it will entail. That is trust. If carried out in accordance with ‘‘(iii) such plan provides that the securities why I believe we should enact a tem- the restrictions set forth in the bill, so transferred are allocated to plan partici- porary waiver of penalties. the transfer would be eligible for an es- pants in a manner consistent with section The bill I am introducing today tate tax deduction. By being trans- 401(a)(4); would suspend penalties for noncompli- ferred to an ESOP, the stock would be ‘‘(iv) such plan treats such securities as ance for 1 year, until July 1, 1998. I be- allocated directly to company employ- being attributable to employer contributions lieve this step is necessary to provide ees. but without regard to the limitations other- wise applicable to such contributions under time for small businesses to be prop- The legislation includes a number of erly educated about the easiest, least section 404; safeguards against abuse. First, stock ‘‘(v) such plan provides that such securities burdensome, and most cost-efficient transferred to an ESOP in this fashion are held in a suspense account under the way to comply. In my view, whenever could not be used to benefit any ESOP plan to be allocated each year, up to the lim- possible the IRS should avoid taking participant who was related to the de- itations under section 415(c), after first allo- an adversarial approach toward the cedent or who owned more than 5 per- cating all other annual additions for the lim- small business community, and, for cent of the company. This safeguard is itation year, up to the limitations under sec- that matter, any taxpayers. At every aimed at ensuring that no estate tax tions 415 (c) and (e); and opportunity, the IRS should seek to ‘‘(vi) the employer whose employees are deduction would be available where the covered by the plan described in this sub- help taxpayers comply with their obli- transfer benefited the decedent’s fam- gations. I believe that, by removing the paragraph files with the Secretary a verified ily members or the company’s major written statement consenting to the applica- threat of penalties for a short while stockholders. Second, the bill would re- tion of sections 4978 and 4979A with respect longer, this legislation will help the quire that the transferred stock be al- to such employer. IRS fulfill this important part of its located to ESOP participants over ‘‘(B) QUALIFIED EMPLOYER SECURITIES.—For mission. time. This would provide an incentive purposes of this section, the term ‘qualified Mr. President, I ask unanimous con- for employees to continue to build the employer securities’ means employer securi- sent that the text of the bill be printed ties (as defined in section 409(l)) which are business. It would also prevent the cre- issued by a domestic corporation which has in the RECORD. ation of instant windfalls for employ- There being no objection, the bill was no outstanding stock which is readily ees that could encourage them to ter- ordered to be printed in the RECORD, as tradable on an established securities market. minate employment. follows: ‘‘(C) TREATMENT OF SECURITIES ALLOCATED Any owner of a non-publicly traded BY EMPLOYEE STOCK OWNERSHIP PLAN TO PER- S. 2109 company would be free to take advan- SONS RELATED TO DECEDENT OR 5-PERCENT Be it enacted by the Senate and House of Rep- tage of this legislation to preserve a SHAREHOLDERS.— resentatives of the United States of America in ‘‘(i) IN GENERAL.—If any portion of the as- Congress assembled, business beyond his or her death. I be- lieve that quite a few family and close- sets of the plan attributable to securities ac- SECTION 1. WAIVER OF PENALTY ON SMALL quired by the plan in a qualified gratuitous BUSINESSES FAILING TO MAKE ly held businesses will find the legisla- transfer are allocated to the account of— ELECTRONIC FUND TRANSFERS OF tion of interest, as these firms tend to ‘‘(I) any person who is related to the dece- TAXES. be run by people who take an interest dent (within the meaning of section 267(b)), No penalty shall be imposed under the In- in their employees and would like to ternal Revenue Code of 1986 solely by reason or of a failure by a person to use the electronic see their companies make a continuing ‘‘(II) any person who, at the time of such fund transfer system established under sec- contribution to their communities. I allocation or at any time during the 1-year tion 6302(h) of such Code if— salute these entrepreneurs and propose period ending on the date of the acquisition (1) such person is a member of a class of this modest legislation in an effort to of qualified employer securities by the plan, taxpayers first required to use such system is a 5-percent shareholder of the employer help them realize that goal. maintaining the plan, on or after July 1, 1997, and Mr. President, I ask unanimous con- (2) such failure occurs during the 1-year pe- sent that the text of the bill be printed the plan shall be treated as having distrib- riod beginning on July 1, 1997. uted (at the time of such allocation) to such in the RECORD. person or shareholder the amount so allo- By Mr. DASCHLE: There being no objection, the bill was cated. S. 2110. A bill to amend the Internal ordered to be printed in the RECORD, as ‘‘(ii) 5-PERCENT SHAREHOLDER.—For pur- Revenue Code of 1986 to provide special follows: poses of clause (i), the term ‘5-percent share- rules for certain gratuitous transfers of S. 2110 holder’ means any person who owns (directly employer securities for the benefit of Be it enacted by the Senate and House of Rep- or through the application of section 318(a)) employees; to the Committee on Fi- resentatives of the United States of America in more than 5 percent of— ‘‘(I) any class of outstanding stock of the nance. Congress assembled, SECTION 1. GRATUITOUS TRANSFERS FOR THE corporation which issued such qualified em- EMPLOYEE STOCK OWNERSHIP PLANS BENEFIT OF EMPLOYEES. ployer securities or of any corporation which LEGISLATION (a) IN GENERAL.—Subparagraph (C) of sec- is a member of the same controlled group of Mr. DASCHLE. Mr. President, I tion 664(d)(1) of the Internal Revenue Code of corporations (within the meaning of section today am introducing legislation that 1986 and subparagraph (C) of section 664(d)(2) 409(l)(4)) as such corporation, or would take a small but significant step of such Code are each amended by striking ‘‘(II) the total value of any class of out- toward improving the productivity of the period at the end and inserting ‘‘or, to standing stock of any such corporation; and American businesses and workers. My the extent the remainder interest is in quali- For purposes of the preceding sentence, sec- bill would permit certain employee fied employer securities (as defined in para- tion 318(a) shall be applied without regard to stock ownership plans [ESOP’s] to be graph (3)(B)), is to be transferred to an em- the exception in paragraph (2)(B)(i) thereof. ployee stock ownership plan (as defined in ‘‘(iii) CROSS REFERENCE.— beneficiaries of charitable remainder section 4975(e)(7)) in a qualified gratuitous trusts under estate tax law. transfer (as defined by paragraph (3)).’’ ‘‘For excise tax on allocations described in We have all heard stories about close- (b) QUALIFIED GRATUITOUS TRANSFER DE- clause (i), see section 4979A.’’ ly held companies being sold and bro- FINED.—Subsection (d) of section 664 of such (c) CONFORMING AMENDMENTS.—

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11179

(1) Section 401(a)(1) of such Code is amend- ‘‘(ii) ESOP BENEFICIARY.—The term ‘ESOP before the date which is 3 years from the ed by inserting ‘‘or by a charitable remain- beneficiary’ means any beneficiary which is later of— der trust pursuant to a qualified gratuitous an employee stock ownership plan (as de- ‘‘(1) the 1st allocation of such securities in transfer (as defined in section 664(d)(3)(A)),’’ fined in section 4975(e)(7)) that holds a re- connection with a qualified gratuitous trans- after ‘‘stock bonus plans),’’. mainder interest in qualified employer secu- fer (as defined in section 664(d)(3)(A)), or (2) Section 404(a)(9) of such Code is amend- rities (as defined in section 664(d)(3)) to be ‘‘(2) the date on which the Secretary is no- ed by inserting after subparagraph (B) the transferred to such plan in a qualified gratu- tified of the allocation described in sub- following new subparagraph: itous transfer (as defined in section 664(d)(3)). section (a)(2).’’ ‘‘(C) A qualified gratuitous transfer (as de- ‘‘(iii) QUALIFIED CHARITABLE REMAINDER (d) EFFECTIVE DATE.—The amendments fined in section 664(d)(3)(A)) shall have no ef- TRUST.—The term ‘qualified charitable re- made by this section shall apply to transfers fect on the amount or amounts otherwise de- mainder trust’ means a charitable remainder made by trusts to, or for the use of, an em- ductible under paragraph (3) or (7) or under annuity trust or a charitable remainder ployee stock ownership plan after the date of this paragraph.’’ unitrust (described in section 664).’’ the enactment of this Act. (3) Section 415(c)(6) of such Code is amend- (10) Section 4947(b) of such Code is amended ed by adding at the end the following new by inserting after paragraph (3) the following By Mr. MCCAIN: sentence: new paragraph: S. 2111. A bill to amend the act com- ‘‘The amount of any qualified gratuitous ‘‘(4) SECTION 507.—The provisions of section monly known as the Navajo-Hopi Land transfer (as defined in section 664(d)(3)(A)) 507(a) shall not apply to a trust which is de- Settlement Act of 1974, and for other allocated to a participant for any limitation scribed in subsection (a)(2) by reason of a dis- purposes; to the Committee on Indian year shall not exceed the limitations im- tribution of qualified employer securities (as Affairs. defined in section 664(d)(3)) to an employee posed by this section, but such amount shall THE NAVAJO-HOPI LAND SETTLEMENT ACT stock ownership plan (as defined in section not be taken into account in determining AMENDMENTS OF 1996 4975(e)(7)) in a qualified gratuitous transfer whether any other amount exceeds the limi- Mr. MCCAIN. Mr. President, I intro- tations imposed by this section.’’ (as defined by section 664(d)(3)).’’ (11) The last sentence of section 4975(e)(7) duce legislation to make certain (4) Section 415(e) of such Code is amended— amendments to the Navajo-Hopi Land (A) by redesignating paragraph (6) as para- of such Code is amended by inserting ‘‘and graph (7), and section 664(d)(3)’’ after ‘‘section 409(n)’’ Settlement Act of 1974 in order to bring (B) by inserting after paragraph (5) the fol- (12) Subsection (a) of section 4978 of such the relocation process to an orderly lowing new paragraph: Code is amended by inserting ‘‘or acquired conclusion within 5 years. This legisla- ‘‘(6) SPECIAL RULE FOR QUALIFIED GRATU- any qualified employer securities in a quali- tion will phase out the Navajo-Hopi re- ITOUS TRANSFERS.—Any qualified gratuitous fied gratuitous transfer to which section location program by September 30, transfer of qualified employer securities (as 664(d)(3) applied’’ after ‘‘section 1042 ap- 2001, and at that time transfer any re- defined by section 664(d)(3)) shall not be plied’’. (13) Paragraph (2) of section 4978(b) of such maining responsibilities to the Sec- taken into account in calculating, and shall retary of the Interior. This legislation not be subject to, the limitations provided in Code is amended— this subsection.’’ (A) by inserting ‘‘or acquired in the quali- will provide a time certain for eligible (5) Paragraph (3) of section 644(e) of such fied gratuitous transfer to which section Navajo and Hopi individuals to apply Code is amended to read as follows: 664(d)(3) applied’’ after ‘‘section 1042 ap- for and receive relocation benefits and ‘‘(3) acquired by a charitable remainder an- plied’’, and after that time the Federal Govern- nuity trust (as defined in section 664(d)(1)) or (B) by inserting ‘‘or to which section ment will no longer be obligated to a charitable remainder unitrust (as defined 664(d)(3) applied’’ after ‘‘section 1042 applied’’ provide replacement housing for such in sections 664(d) (2) and (4)), or’’. in subparagraph (C) thereof. individual. Under this legislation, the (6) Subparagraph (B) of section 664(d)(1) of (14) Subsection (c) of section 4978 of such Code is amended by striking ‘‘written state- funds that would have been used to such Code and subparagraph (B) of section provide replacement housing to such 664(d)(2) of such Code are each amended by ment’’ and all that follows and inserting inserting ‘‘and other than qualified gratu- ‘‘written statement described in section individual will be kept in trust by the itous transfers described in subparagraph 664(d)(3)(A)(vi) or in section 1042(b)(3) (as the Secretary for distribution to the indi- (C)’’ after ‘‘subparagraph (A)’’. case may be).’’ vidual or their heirs. (7) Paragraph (4) of section 674(b) of such (15) Paragraph (2) of section 4978(e) of such Mr. President, the Navajo-Hopi Land Code is amended by inserting before the pe- Code is amended by striking the period and Settlement Act of 1974 was enacted to riod ‘‘or to an employee stock ownership inserting ‘‘; except that such section shall be resolve longstanding disputes that plan (as defined in section 4975(e)(7)) in a applied without regard to subparagraph (B) have divided the Navajo and Hopi In- qualified gratuitous transfer (as defined in thereof for purposes of applying this section and section 4979A with respect to securities dian Tribes for more than a century. section 664(d)(3))’’. The origins of this dispute can be (8)(A) Section 2055(a) of such Code is acquired in a qualified gratuitous transfer amended— (as defined in section 664(d)(3)(A)).’’ traced directly to the creation of the (i) by striking ‘‘or’’ at the end of paragraph (16) Subsection (a) of section 4979A of such 1882 reservation for the Hopi Tribe and (3), Code is amended to read as follows: the creation of the 1934 Navajo Res- (ii) by striking the period at the end of ‘‘(a) IMPOSITION OF TAX.—If— ervation. At the times these reserva- paragraph (4) and inserting ‘‘; or’’, and ‘‘(1) there is a prohibited allocation of tions were established there were Nav- (iii) by inserting after paragraph (4) the qualified securities by any employee stock ajo families residing within the lands following new paragraph: ownership plan or eligible worker-owned co- operative, or set aside for the Hopi Tribe and Hopi ‘‘(5) to an employee stock ownership plan if families residing on lands set aside for such transfer qualifies as a qualified gratu- ‘‘(2) there is an allocation described in sec- itous transfer of qualified employer securi- tion 663(d)(3)(C)(i), the Navajo Nation. Tensions between ties within the meaning of section 664(d)(3).’’ there is hereby imposed a tax on such alloca- the two tribes continued to heighten (B) Clause (ii) of section 2055(e)(3)(C) of tion equal to 50 percent of the amount in- until in 1958 Congress, in an effort to such Code is amended by striking ‘‘section volved.’’ resolve this dispute, passed legislation 664(d)(3)’’ and inserting ‘‘section 664(d)(4)’’. (17) Subsection (c) of section 4979A of such that authorized the tribes to file suit (9) Paragraph (8) of section 2056(b) of such Code is amended to read as follows: in Federal court to quiet title to the Code is amended to read as follows: ‘‘(c) LIABILITY FOR TAX.—The tax imposed 1882 reservation and to their respective by this section shall be paid by— ‘‘(8) SPECIAL RULE FOR CHARITABLE REMAIN- claims and rights. That legislation has DER TRUSTS.— ‘‘(1) the employer sponsoring such plan, or given rise to more than 35 years of con- ‘‘(A) IN GENERAL.—If the surviving spouse ‘‘(2) the eligible worker-owned cooperative, of the decedent is the only beneficiary of a which made the written statement described tinuous litigation between the tribes in qualified charitable remainder trust who is in section 664(d)(3)(A)(vi) or in section an effort to resolve their respective not a charitable beneficiary nor an ESOP 1042(b)(3)(B) (as the case may be).’’ rights and claims to the land. beneficiary, paragraph (1) shall not apply to (18) Section 4979A of such Code is amended In 1974, Congress enacted the Navajo- any interest in such trust which passes or by redesignating subsection (d) as subsection Hopi Land Settlement Act which estab- has passed from the decedent to such sur- (e) and by inserting after subsection (c) the lished Navajo and Hopi negotiating viving spouse. following new subsection: teams under the auspices of a Federal ‘‘(B) DEFINITIONS.—For purposes of sub- ‘‘(d) SPECIAL STATUTE OF LIMITATIONS FOR mediator to negotiate a settlement to paragraph (A)— TAX ATTRIBUTABLE TO CERTAIN ALLOCA- ‘‘(i) CHARITABLE BENEFICIARY.—The term TIONS.—The statutory period for the assess- the 1882 reservation land dispute. The ‘charitable beneficiary’ means any bene- ment of any tax imposed by this section on act also authorized the tribes to file ficiary which is an organization described in an allocation described in subsection (a)(2) of suit in Federal court to quiet title to section 170(c). qualified employer securities shall not expire the 1934 reservation and to file any

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11180 CONGRESSIONAL RECORD — SENATE September 24, 1996 claims for damages arising out of the Mr. President, I ask unanimous con- ‘‘SEC. 4. PAUITE INDIAN ALLOTMENTS. dispute against each other or the sent that additional material be print- ‘‘Notwithstanding’’. (5) Section 10 (25 U.S.C. 640d–9) is amend- United States. The act also established ed in the RECORD. a three member Navajo-Hopi Indian There being no objection, the mate- ed— (A) by striking ‘‘SEC. 10. (a) Subject’’ and Relocation Commission to oversee the rial was ordered to be printed in the inserting the following: relocation of members of the Navajo RECORD, as follows: ‘‘SEC. 5. PARTITIONED AND OTHER DESIGNATED Nation who were residing on lands par- S. 2111 LANDS. titioned to the Hopi Tribe and mem- Be it enacted by the Senate and House of Rep- ‘‘(a) NAVAJO TRUST LANDS.—’’; bers of the Hopi Tribe who were resid- resentatives of the United States of America in (B) in subsection (a), by striking ‘‘sections ing on lands partitioned to the Navajo Congress assembled, 9 and 16(a)’’ and inserting ‘‘sections 4 and Nation. Since its establishment, the re- SECTION 1. SHORT TITLE. 10(a)’’; location program has proven to be an SHORT TITLE.—This Act may be cited as (C) in subsection (b)— (i) by inserting ‘‘HOPI TRUST LANDS.—’’ extremely difficult and contentious the ‘‘Navajo-Hopi Land Settlement Act Amendments of 1996’’. after ‘‘(b)’’; process. (ii) by striking ‘‘sections 9 and 16(a)’’ and When this program was first estab- TITLE I—AMENDMENTS TO THE NAVAJO- HOPI LAND SETTLEMENT ACT OF 1974 inserting ‘‘sections 4 and 10(a)’’; lished, it was estimated that the cost (iii) by striking ‘‘sections 2 and 3’’ and in- of relocation would be roughly $40 mil- SEC. 101. REFERENCES. serting ‘‘section ‘‘1’’ and lion to provide relocation benefits to Whenever in this Act an amendment or re- (iv) by striking ‘‘section 8’’ and inserting peal is expressed in terms of an amendment ‘‘section 3’’; approximately 6,000 Navajos estimated or repeal to a section or other provision, the to be eligible for relocation. These fig- (D) in subsection (c)— references shall be considered to be made to (i) by inserting ‘‘PROTECTION OF RIGHTS ures woefully underestimated the num- a section or other provision of the Act com- AND PROPERTY.—’’ after ‘‘(c)’’; and ber of families impacted by relocation monly known as the Navajo-Hopi Land Set- (ii) by striking the comma after ‘‘pursuant and the tremendous delays that have tlement Act of 1974 (Public law 93–531; 25 thereto’’ and all that follows through the end plagued this program. To date, the U.S.C. 640 et seq.). of the subsection and inserting a period; United States has expended over $350 SEC. 102. AMENDMENTS TO THE NAVAJO-HOPI (E) in subsection (d), by inserting ‘‘PROTEC- million to relocate more than 11,000 LAND SETTLEMENT ACT OF 1974. TION OF BENEFITS AND SERVICES.—’’ after (a) REPEALS.—Sections 1 through 5 (25 Navajo and Hopi tribal members. There ‘‘(d)’’; and U.S.C. 640d through 640d–4) and section 30 (25 (F) in subsection (e)— remain over 640 eligible families who U.S.C. 640d–28) are each repealed. (i) by inserting ‘‘TRIBAL JURISDICTION OVER have never received relocation benefits (b) AMENDMENTS AND REDESIGNATIONS.— PARTITIONED LANDS.—’’ after ‘‘(e)’’; and and an additional 50 to 100 families who (1) Section 6 (25 U.S.C. 640d–5) is amended— (ii) in the last sentence, by striking ‘‘life (A) by striking the matter preceding sub- have never applied for relocation bene- tenants and’’. section (a) through subsection (c); (6) Section 11 (25 U.S.C. 640d–10) is amend- fits. In addition, there are over 130 eli- (B) by inserting the following before sub- ed— gibility appeals still pending. The fund- section (d): ing for this settlement has exceeded (A) by striking ‘‘SEC. 11. (a) The Sec- ‘‘SECTION 1. PARTITIONED LANDS. retary’’ and inserting the following: the original cost estimates by more (C) by redesignating subsection (d) as sub- ‘‘SEC. 6. RESETTLEMENT LANDS FOR NAVAJO than 900 percent. section (a); TRIBE. Mr. President, we cannot continue to (D) by striking subsections (e) and (f); and (E) by redesignating subsections (g) and (h) ‘‘(a) TRANSFER OF LANDS.—The Secretary’’; fund this program with no end in sight. (B) in subsection (b), by inserting ‘‘PROX- I am convinced that our current Fed- as subsections (b) and (c), respectively; and (F) in subsection (a), as so designated, by IMITY OF LANDS TO BE TRANSFERRED OR AC- eral budgetary pressures require us to striking, ‘‘In any partition of the surface QUIRED.—’’ before ‘‘(b)’’; ensure that the Navajo-Hopi relocation rights to the joint use area,’’ and inserting (C) in subsection (c)— housing program is brought to an or- the following: (i) by inserting ‘‘SELECTION OF LANDS TO derly and certain conclusion. It is for ‘‘With regard to the final order issued by BE TRANSFERRED OR ACQUIRED.—’’ after ‘‘(c)’’; and that reason that I am introducing the the United States District Court for the Dis- trict of Arizona (hereafter in this Act re- (ii) by striking the period at the end and Navajo-Hopi Land Settlement Act inserting the following: ‘‘: Provided further, Amendments of 1996. This legislation ferred to as the ‘District Court’) on August 30, 1978, that provides for the partition of That the authority of the Commissioner to will phase out the Navajo-Hopi Indian surface rights and interest of the Navajo and select lands under this subsection shall ter- relocation program by September 30, Hopi tribes (hereafter in this Act referred to minate on September 30, 2000.’’; 2001, and transfer the remaining re- as the ‘Tribes’) by lands laying within the (D) in subsection (d), by inserting ‘‘RE- sponsibilities under the act to the Sec- reservation established by Executive order PORTS.—’’ after ‘‘(d)’’; retary of the Interior. Under the bill, on December 16, 1982,’’. (E) in subsection (e), by inserting ‘‘PAY- (2) Section 7 (25 U.S.C. 640d–6) is amended MENTS.—’’ after ‘‘(e)’’; the relocation commissioner shall (F) in subsection (f), by inserting ‘‘Acquisi- transfer to the Secretary such funds as by striking ‘‘SEC. 7. Partitioned’’ and insert- ing the following: tion of Title To Surface and Subsurface In- are necessary to construct replacement terests.—’’ after ‘‘(f)’’; ‘‘SEC. 2. JOINT OWNERSHIP OF MINERALS. (G) in subsection (g), by inserting ‘‘LANDS homes for any eligible head of house- ‘‘Partitioned’’. hold who has left the Hopi partitioned (3) Section 8 (25 U.S.C. 640d–7) is amended— NOT AVAILABLE FOR TRANSFER.—’’ after land but has not received a replace- (A) by striking ‘‘SEC. 8. (a) Either tribe’’ ‘‘(g)’’; and ment home by September 30, 2001. and inserting the following: (H) in subsection (h)— (i) by inserting ‘‘ADMINISTRATION OF LANDS These funds will be held in trust by the ‘‘SEC. 3. ACTIONS. TRANSFERRED OR ACQUIRED.—’’ after ‘‘(h)’’; ‘‘(a) AUTHORIZATIONS TO COMMENCE AND DE- Secretary of the Interior for distribu- (ii) by striking the period at the end and FEND ACTIONS IN DISTRICT COURT.—Either tion to such individual or their heirs. inserting the following: ‘‘: Provided further, tribe’’; In addition, the bill includes provisions That, in order to facilitate relocation, in the (B) in subsection (b), by inserting ‘‘ALLO- discretion of the Commissioner, the Commis- establishing an expedited procedure for CATION OF LAND TO RESPECTIVE RESER- sioner may grant homesite leases on land ac- handling appeals of final eligibility de- VATIONS UPON DETERMINATIONS OF INTER- quired pursuant to this section to members terminations. ESTS.—’’ after ‘‘(b)’’; Mr. President, I have developed this (C) in subsection (c)— of the extended family of a Navajo who is legislation as an initial starting point (i) by inserting ‘‘ACTIONS FOR ACCOUNTING, certified as eligible to receive benefits under this Act, except that the Commissioner may for ongoing discussions with the rep- FAIR VALUE OF GRAZING, AND CLAIMS FOR DAMAGES TO LAND.—’’ after ‘‘(c)’’; and not expend, or otherwise make available resentatives of the Office of Navajo and (ii) by striking ‘‘section 18’’ each place it funds made available by appropriations to Hopi Indian Relocation and the admin- appears and inserting ‘‘section 12’’; the Commissioner to carry out this Act, to istration, the Hopi Tribe, the Navajo (D) in subsection (d), by inserting ‘‘RULE provide housing to those extended family Nation, and the affected families of OF CONSTRUCTION.—’’ after ‘‘(d)’’; members.’’; and both tribes. It is my hope that this bill (E) in subsection (e), by inserting ‘‘PAY- (I) in subsection (i)— will stimulate discussions that will MENT OF LEGAL FEES, COURT COSTS, AND (i) by inserting ‘‘NEGOTIATIONS REGARDING OTHER EXPENSES.—’’ after ‘‘(e)’’; and LAND EXCHANGES OR LEASES.’’ after ‘‘(i); and lead to the passage of legislation in the (F) by striking subsection (f). (ii) by striking ‘‘section 23’’ and inserting 105th Congress that will bring this long (4) Section 9 (25 U.S.C. 640d–8) is amended ‘‘section 18’’. and difficult process to a certain and by striking ‘‘SEC. 9. Notwithstanding’’ and (7) Section 12 (25 U.S.C. 640d–11) is amend- ordered conclusion. inserting the following: ed—

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11181

(A) by striking ‘‘SEC. 12. (a) There is here- (B) in the last sentence of subsection (a), trict of Arizona a list containing the name by’’ and inserting the following: by striking ‘‘as determined under section and address of each eligible head of house- ‘‘SEC. 7. OFFICE OF NAVAJO AND HOPI INDIAN 13(b)(2) of this title’’; hold who— RELOCATION. (C) in subsection (b), by inserting ‘‘(A) continues to reside on lands that have ‘‘(a) ESTABLISHMENT.—There is hereby’’; ‘‘REMBURSEMENT FOR MOVING EXPENSES AND not been partitioned to the tribe of that eli- (B) in subsection (b), by inserting ‘‘AP- PAYMENT FOR REPLACEMENT DWELLING.—’’ gible head of household; and POINTMENT.—’’ after ‘‘(b)’’; after ‘‘(b)’’; ‘‘(B) has not entered into a lease to reside (C) in subsection (c), by inserting ‘‘CON- (D) in subsection (c)— on those lands. TINUATION OF POWERS.—’’ after ‘‘(c)’’; (i) by inserting ‘‘STANDARDS; CERTAIN PAY- ‘‘(3) CONSTRUCTION OF REPLACEMENT (D) in subsection (d), by inserting ‘‘POWERS MENTS.—’’ after ‘‘(c)’’; HOMES.—Before July 1, 1999, the Commis- OF COMMISSIONER.—’’ after ‘‘(d)’’; (ii) by striking ‘‘section 8’’ and inserting sioner may commence construction of a re- (E) in subsection (e), by inserting ‘‘ADMIN- ‘‘section 3’’; and placement home on the lands acquired under ISTRATION.—’’ after ‘‘(e)’’; (iii) by striking ‘‘section 3 or 4 of this section 6 not later than 90 days after receiv- (F) in subsection (f) and by inserting the title’’ and inserting ‘‘section 1’’; ing a notice of the imminent removal of a following: (E) in subsection (d), by inserting ‘‘METH- relocatee from the lands partitioned under ‘‘(f) TERMINATION.—The Office of Navajo ODS OF PAYMENT.—’’after ‘‘(d)’’; this Act to the Hopi Tribe from— and Hopi Indian Relocation shall cease to (F) by striking subsection (g); ‘‘(A) the Secretary; or exist on September 30, 2001. On that date, (G) by redesignating subsections (e) and (f) ‘‘(B) the United States Attorney for the any functions of the Office that have not as subsections (g) and (h), respectively; District of Arizona.’’; (I) in subsection (g), as redesignated by been fully discharged, as determined in ac- (H) by inserting after subsection (d) the subparagraph (G)— cordance with this Act shall be transferred following new subsections: (i) by inserting ‘‘DISPOSAL OF ACQUIRED to the Secretary of the Interior in accord- ‘‘(e) BENEFITS HELD IN TRUST.— DWELLINGS AND IMPROVEMENTS.—’’ after ance with title III of the Navajo-Hopi Land ‘‘(1) IN GENERAL.—On September 30, 2001, the Commissioner shall notify the Secretary ‘‘(g)’’ Settlement Act Amendments of 1996.’’; and (ii) by striking ‘‘section 8’’ and inserting of the Interior (hereafter in this subsection (G) by adding at the end the following new ‘‘section 3’’; and subsections: referred to as the ‘Secretary’) of the identity (iii) by striking ‘‘section 3 or 4 of this ‘‘(g) OFFICE OF RELOCATION.—Effective on of any head of household that is certified as title’’ and inserting ‘‘section 1’’; October 1, 2001, there is established in the eligible to receive benefits under this Act (J) in subsection (h), as redesignated by Department of the Interior an Office of Relo- (hereafter in this subsection referred to as an subparagraph (G), by inserting ‘‘PREF- cation. The Secretary of the Interior, acting ‘eligible head of household’) who, as of such ERENTIAL TREATMENT FOR HEADS OF HOUSE- through the Office of Relocation, shall carry date— HOLDS OF THE NAVAJO TRIBE EVICTED FROM out the functions of the Office of Navajo and ‘‘(A) does not reside on lands that have THE HOPE RESERVATION BY JUDICIAL DECI- Hopi Indian Relocation transferred to the been partitioned to the tribe of that eligible SION.—’’; AND Secretary of the Interior in accordance with head of household; and (K) by adding after subsection (h) the fol- title III of the Navajo-Hopi Land Settlement ‘‘(B) has not received a replacement home. lowing new subsections: Act Amendments of 1996. ‘‘(2) TRANSFER OF FUNDS.—On the date ‘‘(i) APPEALS.— ‘‘(h) TERMINATION OF OFFICE OF RELOCA- specified in paragraph (1), the Commissioner ‘‘(1) IN GENERAL.—The Commissioner shall TION.—The Office of Relocation shall cease to shall transfer to the Secretary any unex- establish an expedited hearing procedure exist on the date on which the Secretary of pended funds that were made available to the that shall apply to an appeal relating to the the Interior determines that the functions of Commissioner for the purpose of making denial of eligibility for benefits under this the Office have been fully discharged.’’. payments under this Act to the eligible Act (including the regulations issued under (8) Section 13 (25 U.S.C. 640d–12) is amend- heads of household referred to in paragraph this Act) that is— ed— (1). ‘‘(A) pending on the date of enactment of (A) by striking ‘‘SEC. 13. (a) Within’’ and ‘‘(3) DISPOSITION OF TRANSFERRED FUNDS.— Navajo-Hopi Land Settlement Act Amend- inserting the following: ‘‘(A) IN GENERAL.—The Secretary shall hold ments of 1996; or ‘‘SEC. 13. REPORT CONCERNING RELOCATION OF the funds transferred under paragraph (2) in ‘‘(B) filed after the date specified in sub- HOUSEHOLD AND MEMBERS OF trust for the eligible heads of household re- paragraph (A). EACH TRIBE. ferred to in paragraph (1). The Secretary ‘‘(2) FINAL DETERMINATIONS.—The hearing ‘‘(a) IN GENERAL.—Within’’’ shall provide payments in amounts that procedure established under paragraph (1) (B) in subsection (b), by inserting ‘‘CON- would have otherwise have been made to an shall— TENT OF REPORT.—’’ after ‘‘(b)’’; and eligible head of household before the date ‘‘(A) as necessary, provide for a hearing be- (C) in subsection (c), by inserting ‘‘DE- specified in paragraph (1) from the amounts fore an impartial third party; and TAILED PLAN FOR RELOCATION.—’’ after ‘‘(c)’’; held in trust— ‘‘(B) ensure the achievement of a final de- (9) Section 14 (25 U.S.C. 640d–13) is amend- ‘‘(i) upon request of the eligible head of termination by the Office of Navajo and Hopi ed— household, to be used for a replacement Indian Relocation for each appeal described (A) by striking ‘‘SEC. 14. (a) Consistent’’ home; or in that paragraph not later than January 1, and inserting the following: ‘‘(ii) if the eligible head of household does 1999. ‘‘(3) NOTICE.— ‘‘SEC. 8. RELOCATION OF HOUSEHOLDS AND not make a request under clause (i), upon the ‘‘(A) IN GENERAL.—Not later than 30 days MEMBERS. death of the eligible head of household, in after the date of enactment of the Navajo- ‘‘(a) AUTHORIZATION.—; accordance with subparagraph (B). Hopi Land Settlement Act Amendments of (B) in subsection (a)— ‘‘(B) DISTRIBUTION OF FUNDS UPON THE 1996, the Commissioner, shall provide written (i) in the first sentence— DEATH OF AN ELIGIBLE HEAD OF HOUSEHOLD.— notice to any individual that the Commis- (I) by striking ‘‘section 8’’ each place it ap- If, upon the death of an eligible head of sioner determines may have the right to a pears and inserting ‘‘section 3’’; and household, the Secretary holds funds in trust determination of eligibility for benefits (II) by striking ‘‘sections 2 and 3’’ and in- under this paragraph for that eligible head of under this Act. serting ‘‘section 1’’; and household, the Secretary shall— ‘‘(B) REQUIREMENTS FOR NOTICE.—The no- (ii) by striking the second sentence; ‘‘(i) determine and notify the heirs of the (C) in subsection (b)— tice provided under this paragraph shall— head of household; and ‘‘(i) specify that a request for a determina- (i) by inserting ‘‘ADDITIONAL PAYMENTS TO ‘‘(ii) distribute the funds to— tion of eligibility referred to in subpara- HEADS OF HOUSEHOLDS’’ after ‘‘(b)’’; and ‘‘(I) the heirs who have attained the age of graph (A) shall be presented to the Commis- (ii) by striking ‘‘section 15’’ and inserting 18; and ‘‘section 9’’; sion not later than 180 days after the date of ‘‘(II) each remaining heir, at the time that issuance of the notice; and (D) in subsection (c), by inserting ‘‘PAY- the heir attains the age of 18. ‘‘(ii) be provided— MENTS FOR PERSONS MOVING AFTER A CER- ‘‘(f) NOTIFICATION.— ‘‘(I) by mail (which may be carried out by TAIN DATE.—’’; and ‘‘(1) IN GENERAL.—Not later than 180 days a means other than certified mail) to the (E) by adding at the end the following new after the date of enactment of the Navajo- last known address (if available) of the re- subsection: Hopi Land Settlement Act Amendments of cipient; and ‘‘(d) PROHIBITION.—No payment for benefits 1996, the Commissioner shall, in accordance ‘‘(II) in a newspaper of general circulation under this Act may be made to any head of with section 700.138 of title 25, Code of Fed- in the geographic area in which an address a household if, as of September 30, 2001, that eral Regulations, notify each eligible head of referred to in subclause (I) is located. head has not been certified as eligible to re- household who has not entered into a lease ‘‘(j) PROCUREMENT OF SERVICES.— ceive those payments.’’. with the Hopi Tribe to reside on lands parti- ‘‘(1) IN GENERAL.—Notwithstanding any (10) In section 15 (25 U.S.C. 640d–14)— tioned to the Hopi Tribe. other provision of this Act, to ensure the full (A) by striking ‘‘SEC. 15. (a) The Commis- ‘‘(2) LIST.—Upon the expiration of the no- and fair evaluation of the requests referred sion’’ and inserting the following: tice periods referred to in section 700.139 of to in subsection (i)(3)(A) (including an appeal ‘‘SEC. 9. RELOCATION HOUSING. title 25, Code of Federal Regulations, the hearing before an impartial third party re- ‘‘(a) PURCHASE OF HABITATION AND IM- Commissioner shall forward to the Secretary ferred to in subsection (i)(2)(A)), the Com- PROVEMENTS.—The Commission’’; and the United States Attorney for the Dis- missioner may enter into such contracts or

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11182 CONGRESSIONAL RECORD — SENATE September 24, 1996

agreements to procure such services, and em- (A) by striking ‘‘SEC. 18. (a) Either’’ and in- provisions of section 9, there are authorized ploy such personnel (including attorneys), as serting the following: to be appropriated such sums as may be nec- are necessary. ‘‘SEC. 12. ACTIONS FOR ACCOUNTING, FAIR essary for each of fiscal years 1998 through ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES VALUE OF GRAZING, AND CLAIMS 2002. OR HEARING OFFICERS.—The Commissioner FOR DAMAGES TO LAND. ‘‘(2) RETURN TO CARRYING CAPACITY AND IN- may request the Secretary to act through ‘‘(a) Either’’; STITUTION OF CONSERVATION PRACTICES.—For the Director of the Office of Hearings and (B) in the matter preceding paragraph (1) the purposes of carrying out section 14(a), Appeals of the Department of the Interior, to in subsection (a), by striking ‘‘section 3 or 4’’ there are authorized to be appropriated make available, by detail or other appro- and inserting ‘‘section 1’’; $10,000,000. priate arrangement, to the Office of Navajo (C) in subsection (b)— ‘‘(3) SURVEY LOCATION OF MONUMENTS AND and Hopi Indian Relocation, an administra- (i) by inserting ‘‘DEFENSES.—’’ after ‘‘(b)’’; FENCING OF BOUNDARIES.—For the purpose of tive law judge or other hearing officer with (ii) by striking ‘‘section 3 or 4’’ and insert- carrying out section 14(b), there are author- appropriate qualifications to review the re- ing ‘‘section 1’’; ized to be appropriated $500,000. quests referred to in subsection (i)(3)(A). (D) in subsection (c), by inserting ‘‘FUR- ‘‘(4) RELOCATION OF HOUSEHOLDS AND MEM- ‘‘(k) APPEAL TO UNITED STATES CIRCUIT THER ORIGINAL, ANCILLARY, OR SUPPLE- BERS.—For the purposes of carrying out sec- COURT OF APPEALS.— MENTARY ACTS TO INSURE QUIET ENJOY- tion 8(b) there are authorized to be appro- ‘‘(l) IN GENERAL.—Subject to paragraph (3), MENT.—’’ after ‘‘(c)’’; priated $13,000,000.’’. any individual who, under the procedures es- (E) in subsection (d), by inserting ‘‘UNITED (21) Section 26 (88 Stat. 1723) is repealed. tablished by the Commissioner under this STATES AS PARTY; JUDGMENTS AGAINST THE (22) Section 27 (25 U.S.C. 640d–25) is amend- section, is determined not to be eligible to UNITED STATES’’ after ‘‘(d)’’; and ed— receive benefits under this Act may appeal (F) in subsection (e), by inserting ‘‘REM- (A) by striking ‘‘SEC. 27.’’ and all that fol- that determination to the United States Cir- EDIES’’ after ‘‘(e)’’. lows through subsection (b)’’ and inserting cuit Court of Appeals for the Ninth Circuit (14) Section 19 (25 U.S.C. 640d–18) is amend- the following: ed— (hereafter in this subsection referred to as ‘‘SEC. 21. FUNDING AND CONSTRUCTION OF HOPI (A) by striking ‘‘SEC. 19. (a) Notwith- the ‘Circuit Court’). HIGH SCHOOL AND MEDICAL CEN- ‘‘(2) REVIEW.— standing’’ and inserting the following: TER.’’; and ‘‘(A) IN GENERAL.—The Circuit Court shall, ‘‘SEC. 14. REDUCTION IN LIVESTOCK WITH JOINT (B) in subsection (c), by striking ‘‘(c)’’. with respect to each appeal referred to in USE. (23) Section 28 (25 U.S.c. 640d–26) is paragraph (1)— ‘‘(a) IN GENERAL.—Notwithstanding’’; amended- (B) in subsection (a), by striking ‘‘section 3 ‘‘(i) review the entire record (as certified (A) by striking ‘‘SEC. 28. (a) No action’’ and to the Circuit Court under paragraph (3) on or 4’’ and inserting ‘‘section 1’’; inserting the following: (C) in subsection (b)— which a determination of the ineligibility of ‘‘SEC. 22. ENVIRONMENTAL IMPACT; APPLICA- (i) by inserting ‘‘SURVEY LOCATION OF the appellant to receive benefits under this BILITY OF WILDERNESS STUDY; CAN- ONUMENTS AND ENCING OF OUNDARIES Act was based; and M F B .—’’ CELLATION OF GRAZING LEASES ‘‘(ii) on the basis of that review, affirm or after ‘‘(b)’’; AND PERMITS. (ii) by striking ‘‘sections 8 and 3 or 4’’ and reverse that determination. ‘‘(a) IN GENERAL.—No action’’; inserting ‘‘sections 1 and 3’’; ‘‘(B) STANDARD OF REVIEW.—The Circuit (B) in subsection (b), by inserting ‘‘EFFECT (D) in subsection (c)— Court shall affirm any determination that OF WILDERNESS STUDY.—’’ after ‘‘(b)’’; and (i) by inserting ‘‘COMPLETION OF SUR- the Circuit Court determines to be supported (C) by adding at the end the following new VEYING, MONUMENTING, AND FENCING OPER- by substantial evidence. subsection: ATIONS; LIVESTOCK REDUCTION PROGRAM.—’’ ‘‘(3) NOTICE OF APPEAL.— ‘‘(c) CONSTRUCTION REQUIREMENTS.— after ‘‘(c)’’; ‘‘(A) IN GENERAL.—An individual who ap- ‘‘(1) IN GENERAL.—Any construction activi- (ii) by striking ‘‘section 4 of this title’’ and peals a determination of ineligibility under ties that are undertaken under this Act shall inserting ‘‘section 1’’; and paragraph (1) shall, not later than 30 days be conducted in compliance with sections 3 (iii) by striking ‘‘section 8’’ and inserting after the date of that determination, file a through 7 of Public Law 86–523 (16 U.S.C. notice of appeal with— ‘‘section 3’’. (15) Section 20 (25 U.S.C. 640d–19) is amend- 469a–1 through 469c). ‘‘(i) the Circuit Court; and ‘‘(2) COMPLIANCE WITH OTHER REQUIRE- ‘‘(ii) the Commissioner. ed by striking ‘‘SEC. 20. The members’’ and inserting the following: MENTS.—With respect to any construction ‘‘(B) CERTIFICATION OF RECORD.—Upon re- activity referred to in paragraph (1), compli- ceipt of a notice provided under subpara- ‘‘SEC. 15. PERPETUAL USE OF CLIFF SPRINGS ance with the provisions referred to in that graph (A)(ii), the Commissioner shall certify FOR RELIGIOUS CEREMONIAL USES; PIPING OF WATER FOR USE BY RESI- paragraph shall be considered to satisfy the to the Circuit Court the record on which the DENTS. applicable requirements of— determination that is the subject of the ap- The members’’. ‘‘(A) the Act entitled ‘‘an Act to establish peal was made. (16) Section 21 (25 U.S.C. 640d–20) is amend- a program for the preservation of additional ‘‘(C) REVIEW PERIOD.—The Circuit Court ed by striking ‘‘SEC. 21. Notwithstanding’’ historic properties throughout the Nation, shall conduct a review and render a decision and inserting the following; and for other purposes’’, approved October under paragraph (2) not later than 60 days 15, 1966 (Public Law, 89–665); and after receiving a certified record under sub- ‘‘SEC. 16. USE AND RIGHT OF ACCESS TO RELI- GIOUS SHRINES ON RESERVATION ‘‘(B) the Act entitled ‘‘An Act for the pres- paragraph (B). OF OTHER TRIBE. ervation of American antiquities’’, approved ‘‘(D) BINDING DECISION.—A decision made Notwithstanding’’. June 8, 1906 (34 Stat. 225, chapter 3060).’’. by the Circuit Court under this subsection (17) Section 22 (25 U.S.C. 640d–21) is amend- (24) Section 29 (25 U.S.C. 640d–27) is amend- shall be final and binding on all parties. ed by striking ‘‘SEC. 22. The availability ’’ ed— (11) Section 16 (25 U.S.C. 640d–15) is and inserting the following: (A) by striking ‘‘SEC. 29. (a) In any’’ and in- amended— ‘‘SEC. 17. EXCLUSION OF PAYMENTS FROM CER- serting the following: (A) by striking ‘‘SEC. 16. (a) The Nav- TAIN FEDERAL DETERMINATIONS ‘‘SEC. 23. ATTORNEY FEES, COSTS AND EXPENSES ajo’’ and inserting the following: OF INCOME. FOR LITIGATION OR COURT ACTION. ‘‘SEC. 10. PAYMENT OF FAIR RENTAL VALUE FOR The availability’’. ‘‘(a) PAYMENT BY SECRETARY; AUTHORIZA- USE OF LANDS. (18) Section 23 (25 U.S.C. 649d–22) is amend- TION OF APPROPRIATIONS.—In any; ‘‘(a) IN GENERAL.—The Navajo’’; ed— (B) in subsection (b) by inserting ‘‘AWARD (B) in subsection (a), by striking ‘‘sections (A) by striking ‘‘SEC. 23. The Navajo’’ and BY COURT.—’’ after ‘‘(b)’’; 8 and 3 or 4’’ and inserting ‘‘sections 1 and inserting the following: (C) in subsection (c) by inserting ‘‘EXCESS 3’’; and ‘‘SEC. 18. AUTHORIZATION FOR EXCHANGE OF DIFFERENCE.—’’ after ‘‘(c)’’; and (C) in subsection (b)— RESERVATION LANDS. (D) in subsection (d)— (i) by inserting ‘‘PAYMENT.—’’ after ‘‘(b)’’; The Navajo’’; and (i) by inserting ‘‘LITIGATION OF COURT AC- and (B) by striking ‘‘sections 14 and 15’’ and in- TIONS APPLICABLE.—’’ after ‘‘(d)’’; and (ii) by striking sections 8 and 3 or 4’’ and serting ‘‘sections 8 and 9’’. (ii) by striking ‘‘section 8’’ and inserting inserting ‘‘sections 1 and 3’’. (19) Section 24 (25 640d–23) is amended by ‘‘section 3’’. (12) Section 17 (25 U.S.C. 640d–16) is amend- striking ‘‘SEC. 24. If’’ and inserting the fol- (25) Section 31 (25 U.S.C. 640d–29) is amend- ed— lowing: ed— (A) by striking ‘‘SEC. 17. (a) Nothing’’ and ‘‘SEC. 19. SEVERABILITY OF PROVISIONS. (A) by striking ‘‘SEC. 31. (a) Except’’ and inserting the following: If’’. inserting the following: ‘‘SEC. 11. STATUTORY CONSTRUCTION. (20) Section 25 (25 U.S.C. 640d–24) is amend- ‘‘SEC. 24. LOBBYING. (a) IN GENERAL.—Nothing’’; and ed to read as follows: ‘‘(a) IN GENERAL.—Except’’; and (B) in subsection (b), by inserting ‘‘FED- ‘‘SEC. 20 AUTHORIZATIONS OF APPROPRIATIONS. (B) in subsection (b), by inserting ‘‘APPLI- ERAL EMPLOYEES.— after ‘‘(b)’’. ‘‘(a) IN GENERAL.— CABILITY.—’’ before ‘‘(b)’’. (13) Section 18 (25 U.S.C. 640d–17) is amend- ‘‘(1) RELOCATION OF HOUSEHOLDS AND MEM- (26) The first section designated as section ed— BERS.—For the purposes of carrying out the 32 (25 U.S.C. 640d–30), as added by section 7 of

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11183 the Navajo-Hopi Relocation Act Amend- severance pay to which that individual is en- (3) the term ‘‘office’’ includes any office, ments of 1988, is amended— titled under section 5595. administration, agency, institute, unit, orga- (A) by striking ‘‘SEC. 32. (a) There’’ and in- ‘‘(c) PROHIBITION.—No amount shall be pay- nizational entity, or component thereof. serting the following: able under this section to any employee of SEC. 302. TRANSFER OF FUNCTIONS. ‘‘SEC. 25. NAVAJO REHABILITATION TRUST FUND. the Office for any separation occurring after Effective on the date specified in section (a) IN GENERAL.—There’’; December 30, 2000.’’ 307, there are transferred to the Department (B) in subsection (b), by inserting ‘‘DEPOSIT (b) CONFORMING AMENDMENT.—The chapter of the Interior all functions which Office of OF INCOME INTO FUND.—’’ after ‘‘(b)’’; analysis for chapter 55 of title 5 is amended Navajo and Hopi Relocation exercised before (C) in subsection (c), by inserting ‘‘INVEST- by adding at the end the following new item: the date of the enactment of this title (in- MENT OF FUNDS.—’’ after ‘‘(c)’’; ‘‘5598. Separation pay for certain employees cluding all related functions of any officer or (D) in subsection (d), by inserting ‘‘AVAIL- of the Office of Navajo and Hopi employee of the Office of Navajo and Hopi ABILITY OF FUNDS.—’’ after ‘‘(d); Indian Relocation.’’. Relocation) relating to functions of the Of- (E) in subsection (e), by inserting ‘‘EX- SEC. 203. IMMEDIATE RETIREMENT. fice that have not been fully discharged, as PENDITURE OF FUNDS.—’’ after ‘‘(e)’’; Section 8336(j)(1)(B) of title 5, United determined in accordance with the Act com- (F) in subsection (f), by inserting ‘‘TERMI- States Code, is amended by inserting ‘‘or was monly known as the ‘‘Navajo-Hopi Land Set- NATION OF TRUST FUND.—’’ after ‘‘(f)’’; and employed by the Office of Navajo and Hopi tlement Act of 1974’’ (Public law 93–531; 25 (G) in subsection (g), by inserting ‘‘AU- Indian Relocation during the period begin- U.S.C. 640 et seq.). THORIZATION OF APPROPRIATIONS.—’’ after ning on January 1, 1990, and ending on the SEC. 303. TRANSFER AND ALLOCATIONS OF AP- ‘‘(g)’’. date of separation of that employee’’ before PROPRIATIONS. (27) Section 32 (25 U.S.C. 640d–31), as added the final comma. Except as otherwise provided in this Act by section 407 of the Arizona-Idaho Conserva- SEC. 204. COMPUTATION OF ANNUITY. and the amendments made by this Act, the tion Act of 1988m, is amended by striking assets, liabilities, contracts, property, Section 8339(d) of title 5, United States ‘‘SEC. 32. Nothing’’ and inserting the fol- records, and unexpended balances of appro- Code is amended by adding at the end the lowing: priations, authorizations, allocations, and following new paragraph: ‘‘SEC. 26. AVAILABILITY OF FUNDS FOR RELOCA- ‘‘(8) The annuity of an employee of the Of- other funds employed, used, held, arising TION ASSISTANCE REGARDLESS OF fice of Navajo and Hopi Indian Relocation from, available to, or to be made available in PLACE OF RESIDENCE. described in section 8336(j)(1)(B) shall be de- connection with the functions transferred by Nothing’’. termined under subsection 9a), except that this title, subject to section 1531 of title 31, TITLE II—PERSONNEL OF THE OFFICE with respect to service of that employee on United States Code, shall be transferred to OF NAVAJO AND HOPI INDIAN RELOCA- or after January 1, 1990, the annuity of that the Department of the Interior. Unexpended TION employee shall be— funds transferred pursuant to this section shall be used only for the purposes for which SEC. 201. RETENTION PREFERENCE. ‘‘(A)(i) 21⁄2 percent of the employee’s aver- the funds were originally authorized and ap- The second sentence of section 3501(b) of age pay; multiplied by propriated. title 5, United States Code, is amended— ‘‘(ii) so much of the employee’s service on (1) by striking by striking ‘‘or’’ after ‘‘Sen- or after January 1, 1990, as does not exceed 10 SEC. 304. SAVINGS PROVISIONS. ate’’ and inserting a comma; years; plus (a) CONTINUING EFFECT OF LEGAL DOCU- (2) by striking ‘‘or’’ after ‘‘Service’’ and in- ‘‘(B)(i) a percent of the average pay of the MENTS.—All orders, determinations, rules, serting a comma; and employee; multiplied by regulations, permits, agreements, grants, (3) by inserting ’’, or to an employee of the ‘‘(ii) so much of the service of the em- contracts, certificates, licenses, registra- Office of Navajo and Hopi Indian Relocation ployee on or after January 1, 1990, as exceeds tions, privileges, and other administrative before the period. 10 years.’’. actions— SEC. 205. IMMEDIATE RETIREMENT. (1) which have been issued, made, granted, SEC. 202. SEPARATION PAY. or allowed to become effective by the Presi- Section 8412 of title 5, United States Code, (a) IN GENERAL.—Chapter 55 title 5, United dent, any Federal agency or official thereof, is amended by adding at the end the fol- States Code, is amended by adding at the end or be a court of competent jurisdiction, in the following new section: lowing new subsection: ‘‘(i) An employee of the Office of Navajo the performance of functions which are ‘‘§ 5598 Separation pay for certain employees and Hopi Indian Relocation is entitled to an transferred under this title, and of the Office of Navajo and Hopi Indian Re- (2) which are in effect at the time this title annuity if that employee— location takes effect, or were final before the effec- ‘‘(1) has been continuously employed in the tive date of this title and are to become ef- ‘‘(a) IN GENERAL.—Except as provided in Office of Navajo and Hopi Indian Relocation fective on or after the effective date of this subsections (b) and (c), the Commissioner of during the period beginning on January 1, title, the Office of Navajo and Hopi Indian Reloca- 1990, and ending on the date of separation of tion shall establish a program to offer sepa- that individual; and shall continue in effect according to their ration pay to employees of the Office of Nav- ‘‘(2)(A) has completed 25 years of service at terms until modified, terminated, super- ajo and Hopi Indian Relocation (hereafter in any age; or seded, set aside, or revoked in accordance this section referred to as the ‘Office’) in the ‘‘(B) has attained the age of 50 years and with law by the President, the Secretary of same manner as the Secretary of Defense of- has completed 20 years of service.’’. the Interior or other authorized official, a fers separation pay to employees of a defense SEC. 206. COMPUTATION OF BASIC ANNUITY. court of competent jurisdiction, or by oper- agency under section 5597. Section 8415 of title 5, United States Code, ation of law. (b) PROCEEDING NOT AFFECTED.—The provi- ‘‘(b) SEPARATION PAY.— is amended by adding at the end the fol- sions of this title shall not affect any pro- ‘‘(1) IN GENERAL.—Under the program es- lowing new subsection: ceedings, including notices of proposed rule- tablish under subsection (a), the Commis- ‘‘(h) The annuity of an employee retiring making, or any application for any license, sioner of the Office may offer separation pay under section 8412(i) shall be determined permit, certificate, or financial assistance only to employees within the occupational under subsection (d), except that with re- pending before the Office of Navajo and Hopi groups or at pay levels that will minimize spect to service during the period beginning Relocation at the time this title takes ef- disruption of ongoing Office programs at the on January 1, 1990, the annuity of the em- fect, with respect to functions transferred by time that the separation pay is offered. ployee shall be— ‘‘(2) REQUIREMENT.—Any separation pay of- ‘‘(1)(A) 2 percent of the average pay of that this title but such proceedings and applica- fered under this subsection shall— individual; multiplied by tions shall be continued. Orders shall be ‘‘(A) be paid in a lump sum; ‘‘(B) so much of the total service of that issued in such proceedings, appeals shall be ‘‘(B) be in an amount equal to $25,000, if individual as does not exceed 10 years; plus taken therefrom, and payments shall be paid on or before December 31, 1998; made pursuant to such orders, as if this title ‘‘(2)(A) 11⁄2 percent of the average pay of ‘‘(C) be in an amount equal to $20,000, if the individual; multiplied by had not been enacted, and orders issued in paid after December 31, 1998, and before Jan- ‘‘(B) so much of the total service of that any such proceedings shall continue in effect uary 1, 2000; individual as exceeds 10 years.’’. until modified, terminated, superseded, or ‘‘(D) be in an amount equal to $15,000, if revoked by a duly authorized official, by a paid after December 31, 1999, and before Jan- TITLE III—TRANSFER OF FUNCTIONS court of competent jurisdiction, or by oper- uary 1, 2001; AND SAVINGS PROVISIONS ation of law. Nothing in this subsection shall ‘‘(E) not— SEC. 301. DEFINITIONS. be deemed to prohibit the discontinuance or ‘‘(i) be a basis for payment; For purposes of this title, unless otherwise modification of any such proceeding under ‘‘(ii) be considered as income for the pur- provided or indicated by the context— the same terms and conditions and to the poses of computing any other type of benefit (1) the term ‘‘Federal agency’’ has the same extent that such proceeding could have provided by the Federal Government; and meaning given to the term ‘‘agency’’ by sec- been discontinued or modified if this title ‘‘(F) if an individual is otherwise entitled tion 551(1) of title 5, United States Code; had not been enacted. to receive any severance pay under section (2) the term ‘‘function’’ means any duty, (c) SUITS NOT AFFECTED.—The provisions 5595 on the basis of any other separation, not obligation, power, authority, responsibility, of this title shall not affect suits commenced be payable in addition to the amount of the right, privilege, activity, or program; and before the effective date of this title, and in

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11184 CONGRESSIONAL RECORD — SENATE September 24, 1996 all such suits, proceedings shall be had, ap- thorize the Commissioner to make homesites determinations and appeals. Upon request, peal taken, and judgments rendered in the available to extended family members of the Director of the Office of Hearings and same manner and with the same effect as if those Navajos who are certified eligible for Appeals of the Department of the Interior this title had not been enacted. relocation benefits in order to facilitate the shall provide a qualified hearing officer to (d) NONABATEMENT OF ACTIONS.—No suit, relocation program. the Commissioner to assist in hearings to re- action, or other proceeding commenced by or Paragraph (7) redesignates section 12 (25 view eligibility determinations. against Office of Navajo and Hopi Reloca- U.S.C. § 640d–11) as section 7. This section of A new subsection (k) is added to this sec- tion, or by or against any individual in the the Act is amended to provide for: the termi- tion of the Act to provide for a final and ex- official capacity of such individual as an Of- nation of the Office of Navajo and Hopi In- pedited appeal of any final eligibility deter- fice of Navajo and Hopi Relocation, shall dian Relocation on September 30, 2001; the minations by the Office to the Circuit Court abate by reason of the enactment of this transfer of any remaining duties or func- of Appeals for the Ninth Circuit. All such ap- title. tions, resources, funds, property and staff of peals shall be filed within 30 days of the final (e) ADMINISTRATIVE ACTIONS RELATING TO the Office to the Secretary of the Depart- action by the Office and the Court shall com- PROMULGATION OF REGULATIONS.—Any ad- ment of the Interior in accordance with Title plete its review within 60 days after receipt ministrative action relating to the prepara- III of this Act; the establishment of an Office of the certified record from the Office. All tion or promulgation of a regulation by Of- of Relocation in the Office of the Secretary such appeals shall be reviewed on the basis of fice of Navajo and Hopi Relocation relating which shall remain in existence until the the certified record and any denial of eligi- to a function transferred under this title Secretary determines that its functions have bility which is supported by substantial evi- may be continued by the Department of the been fully discharged. dence shall be affirmed. Interior with the same effect as if this title Paragraph (8) retitles section 13 (25 U.S.C. Paragraph (11) redesignates section 16 (25 had not been enacted. § 640d–12) as ‘‘Report Concerning Relocation U.S.C. § 640d–15) as section 10 and retitles it of Households and Members of Each Tribe.’’ ‘‘Payment of Fair Rental Value for Use of SECTION-BY-SECTION SUMMARY OF THE NAVAJO- Paragraph (9) redesignates section 14 (25 Lands’’. HOPI LAND SETTLEMENT ACT AMENDMENTS OF U.S.C. § 640d–13) as section 8. This section of Paragraph (12) redesignates section 17 (25 1996 the Act is amended to delete a reference in U.S.C. § 640d–16) as section 11 and retitles it subsection (a) to the filing of the relocation Section 1. Short Title. This section pro- ‘‘Statutory Construction’’. plan and the completion of the relocation Paragraph (13) redesignates section 18 (25 vides that the bill may be cited as the ‘‘Nav- program. A new subsection (d) is added to U.S.C. § 640d–17) as section 12 and retitles it ajo-Hopi Land Settlement Act Amendments prohibit the payment of any benefits to any ‘‘Actions for Accounting, Fair Value of Graz- of 1996’’. head of household who has not been certified ing, and Claims for Damages to Land’’. TITLE I—AMENDMENTS TO THE NAVAJO-HOPI eligible by September 30, 2001. Paragraph (14) redesignates section 19 (25 LAND SETTLEMENT ACT OF 1974 Paragraph (10) redesignates section 15 (25 U.S.C. § 640d–18) as section 14 and retitles it Section 101. References. This section pro- U.S.C. § 640d–14) as section 9. This section of ‘‘Reduction in Livestock with Joint Use’’. vides that whenever an amendment or repeal the Act is amended by adding a new sub- Paragraph (15) redesignates section 20 (25 is expressed in this Act it shall be considered section (e) which requires the Commissioner U.S.C. § 640d–19) as section 15 and retitles it to be made to a section of the Navajo-Hopi to notify the Secretary of any eligible ‘‘Perpetual Use of Cliff Springs for Religious Land Settlement Act of 1974 (25 U.S.C. §§ 640 relocatees who have left the lands parti- Ceremonial Uses; Piping of Water for Use by et seq.). tioned to the tribe of which they are not Residents’’. Section 102. Amendments to the Navajo members, but who have not received a re- Paragraph (16) redesignates section 21 (25 and Hopi Settlement Act. This section sets placement home by September 30, 2001 and to U.S.C. § 640d–20) as section 16 and retitles it forth amendments to the Navajo-Hopi Land transfer to the Secretary the funds necessary ‘‘Use and Right of Access to Religious Settlement Act of 1974. to provide such homes. The Secretary is au- Shrines on Reservation of Other Tribe’’. Subsection (a) repeals six sections of the thorized to hold such funds in trust for each Paragraph (17) redesignates section 22 (25 Act in their entirety: Section 1 (25 U.S.C. head of household until such time as the U.S.C. § 640d–21) as section 17 and retitles it § 640d) relating to the appointment and du- head of household requests the construction ‘‘Exclusion of Payments from Certain Fed- ties of the mediator; Section 2 (25 U.S.C. of a replacement home. If the Secretary still eral Determination of Income’’. Paragraph (18) redesignates section 23 (25 § 640d–1) relating to the appointment and du- holds the funds in trust for a head of house- U.S.C. § 640d–22) as section 18 and retitles it ties of the Navajo and Hopi negotiating hold at the time of the death of the head of ‘‘Authorization for Exchange of Reservation teams; Section 3 (25 U.S.C. § 640–d–2) relating household, then the funds shall be distrib- Lands’’. to the implementation of any agreements uted to the heirs of the head of household Paragraph (19) redesignates section 24 (25 reached by the tribal negotiating teams; upon attaining 18 years of age and shall no U.S.C. § 640d–23) as section 19 and retitles it Section 4 (25 U.S.C. § 640d–3) relating to the longer be held in trust. ‘‘Severability of Provisions’’. procedures to be used by the mediator and Paragraph (10) further amends the Act by Paragraph (20) redesignates section 25 (25 the Federal District Court in the event that adding a new subsection (f) which directs the U.S.C. § 640d–24) as section 20 and amends the tribal negotiating teams did not reach Commissioner to implement the provisions this section in subsection (a) by providing agreement; Section 5 (25 U.S.C. § 640d–4) re- of 25 C.F.R. § 700.138 within 180 days after the authorizations for appropriations of such lating to other recommendations by the me- date of enactment of these amendments. sums as may be necessary for fiscal years diator to the Federal District Court; Section Upon the expiration of all time periods in 25 1998 through 2002. The authority for appro- 30 (25 U.S.C. § 640d–28) relating to the provi- C.F.R. § 700.138, the Commissioner shall pro- priations for the mediator, life estates and sion of life estates to Navajos residing on vide the notices to the Secretary and the special discretionary funds for the Commis- lands partitioned to the Hopi Tribe. United States Attorney for the District of sioner is repealed. Subsection (b) redesignates section 6 (25 Arizona which are required by 25 C.F.R. Paragraph (21) repeals section 26 (88 Stat. U.S.C. § 640d–5) as section 1 and amends the § 700.139. At any time prior to July 1, 1999, 1723). provisions of this section relating to the par- the Commissioner is authorized to construct Paragraph (22) redesignates section 27 (25 tition of the former Joint Use Area of the a replacement home within 90 days of the re- U.S.C. § 640d–25) as section 21 and amends it 1882 Executive Order reservation. ceipt of a notice from the Secretary or the by repealing subsections (a) and (b) and re- Paragraph (2) amends section 7 by renam- United States Attorney for the District of titling it ‘‘Funding and Construction of Hopi ing it ‘‘Joint Ownership of Minerals’’ and re- Arizona that the removal of a relocatee from High School and Medical Center.’’ designates it as section 2. the lands partitioned to the Hopi Tribe is im- Paragraph (23) redesignates section 28 (25 Paragraph (3) redesignates section 8 (25 minent. U.S.C. § 640d–26) as section 22 and adding a U.S.C. § 640d–7) as section 3 and amends the Finally, paragraph (10) provides that the new subsection (c) to require all construc- section by repealing subparagraph (f) which Act is also amended by striking the existing tion activities to be undertaken in compli- contained special provisions related to the subsection (g) and inserting in lieu thereof a ance with 16 U.S.C. §§ 469a–1 through 469c and payment of legal fees for the San Juan new subsection (i) which authorizes the Com- declaring that such compliance shall also be Southern Paiute Tribe prior to the time of missioner to establish an expedited proce- deemed to be compliance with P.L. 89–665, as its Federal recognition. dure for reaching final determinations on amended, and P.L. 96–95, as amended. Paragraph (4) redesignates section 9 (25 any appeals from denials of eligibility. The Paragraph (24) redesignates section 29 (25 U.S.C. § 640d–8) as section 4 and retitles it Commissioner must provide a final notice, U.S.C. § 640d–27) as section 23 and retitles it ‘‘Paiute Indian Allotments’’. by mail and/or publication, to anyone who ‘‘Attorney Fees, Costs and Expenses for Liti- Paragraph (5) redesignates section 10 (25 may have a right to an eligibility determina- gation or Court Action’’. U.S.C. § 640d–9) as section 5 and by amending tion within 30 days from the enactment of Paragraph (25) redesignates section 31 (25 it to strike references to Navajo life estates. the amendments and all requests for such de- U.S.C. § 640d–29) as section 24 and retitles it Paragraph (6) redesignates section 11 (25 terminations must be filed within 180 days ‘‘Lobbying’’. U.S.C. § 640d–10) as section 6 and amending it from the date of such notice. Paragraph (26) redesignates section 32 (25 to provide for the termination of the Com- A new subsection (j) is added to this sec- U.S.C. § 640d–30) as section 25 and retitles it missioner’s authority to select lands for the tion of the Act to authorize the Commis- ‘‘Navajo Rehabilitation Trust Fund’’. Navajo Nation on September 30, 2000. This sioner to contract for services and employ Paragraph (27) redesignates section 32 (25 section of the Act is further amended to au- personnel in order to provide for eligibility U.S.C. § 640d–31) as section 26 and retitles it

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11185 ‘‘Availability of Funds for Relocation Assist- tional Historic Site in Larue County, ing for assistance. Georgia’s list was ance Regardless of Place of Residence’’. KY, and for other purposes; to the the longest with 41,000, while in Texas TITLE II. PERSONNEL OF THE OFFICE OF NAVAJO Committee on Energy and Natural Re- the list had 36,000 names and a wait of AND HOPI INDIAN RELOCATION sources. about 2 years. In Massachusetts, the This Title contains six amendments to THE ABRAHAM LINCOLN BIRTHPLACE NATIONAL statewide waiting list contains the Title 5 of the United States Code, as follows: HISTORIC SITE BOUNDARY REVISION ACT OF 1996 Section 201. Retention Preference. This names of 4,000 working families. Addi- section amends paragraph (b) of section 3501 Mr. FORD. Mr. President, I ask unan- tionally, a 1995 U.S. General Account- to exclude employees of the Office of Navajo imous consent that the text of the bill ing Office [GAO] study found that and Hopi Indian Relocation from reduction- be printed in the RECORD. shortages of child care for infants, sick in-force regulations. There being no objection, the bill was children, children with special needs, Section 202. Separation Pay. This section ordered to be printed in the RECORD, as and school-age children before and amends section 5597 to provide a new para- follows: after school pose difficulties for many graph (a)(3) and new subsections (h) and (i) to include employees of the Office of Navajo S. 2112 families. and Hopi Indian Relocation in the provisions Be it enacted by the Senate and House of Rep- I believe the child care situation may for voluntary separation incentive pay- resentatives of the United States of America in worsen because of a provision which I ments. Congress assembled, did not support in the recently passed Section 203. Immediate Retirement. This SECTION 1. REVISION OF BOUNDARY OF ABRA- welfare reform bill which cuts the title section amends section 8336 to include em- HAM LINCOLN BIRTHPLACE NA- XX social services block grant by 15 TIONAL HISTORIC SITE. ployees of the Office of Navajo and Hopi In- percent. Many States currently use dian Relocation in paragraph (1) to make (a) IN GENERAL.—On acquisition of the land them eligible for early or optional retire- known as Knob Creek Farm pursuant to sub- this funding to pay for child care for ment programs. section (b), the boundary of the Abraham working families; unfortunately, this Section 204. Computation of Annuity. This Lincoln Birthplace National Historic Site, cut will result in even more families section amends subsection (d) of section 8336 established by the Act of July 17, 1916 (39 needing child care assistance. to modify the retirement computations for Stat. 385, chapter 247; 16 U.S.C. 211 et seq.), is Mr. President, it is time to provide those employees of the Office of Navajo and revised to include the land. help to working families to afford qual- Hopi Indian Relocation who can retire under (b) ACQUISITION OF KNOB CREEK FARM.—The ity child care. My bill would double the early or optional retirement regulations. Secretary of the Interior may acquire, by do- Section 205. Immediate Retirement. This nation only, the approximately 228 acres of funding through the child care develop- section amends section 8412 by adding a new land known as Knob Creek Farm in Larue ment block grant, increasing child care subsection (g) to include employees of the County, Kentucky. funding by $1 billion per year. This Office of Navajo and Hopi Indian Relocation would result in more than 5,000 fami- in the provisions for annuities. By Mr. KERRY: lies in Massachusetts alone receiving Section 206. Computation of Basic Annu- S. 2113. A bill to increase funding for child care help. ity. This section amends section 8415 by add- child care under the temporary assist- Working parents face an extraor- ing a new subsection (g) to modify the annu- ance for needy families program; to the ity computations for those employees of the dinary uphill battle in trying to make Office of Navajo and Hopi Indian Relocation Committee on Finance. ends meet and cover the high cost of who are eligible for annuities. THE WORKING FAMILIES’ CHILD CARE child care. Well over half the women in ASSISTANCE ACT TITLE III—TRANSFER OF FUNCTIONS AND the work force are parents of preschool SAVINGS PROVISIONS ∑ Mr. KERRY. Mr. President, today I children, and they need access to af- Section 301. Definitions. This section sets am introducing the ‘‘Working Fami- fordable, quality child care they can out the definitions used in this title. lies’ Child Care Assistance Act’’ to help trust. This bill provides real help to Section 302. Transfer of Functions. This the many working families who face working families and hopefully will section provides for the transfer of all of the great struggles to find affordable, good- send a strong signal that their work functions of the Office of Navajo and Hopi quality child care. and their efforts to provide reliable Relocation that have not been fully dis- Mr. President, we no longer live in an charged to the Department of the Interior. child care for their children is valued Section 303. Transfer and Allocations of era when one parent generally stays at and supported. Appropriations. This section provides that home full time to take care of the chil- the assets, liabilities, contracts, property, dren. Today, 60 percent of women with By Mr. AKAKA: records and unexpended balances of appro- children younger than six are in the S. 2114. A bill to amend the Animal priations, allocations and other funds related labor force. The result is that approxi- Welfare Act to ensure that all dogs and to the functions transferred under this title, mately 7 million children of working cats used by research facilities are ob- shall be transferred to the Department of the parents are cared for each month by tained legally, and for other purposes; Interior. to the Committee on Agriculture, Nu- Section 304. Savings Provisions. This sec- someone other than a parent. And most tion provides that all orders, determinations, of these children spend 30 hours or trition, and Forestry. rulings, regulations, permits, agreements, more each week in child care, accord- THE PET SAFETY AND PROTECTION ACT OF 1996 grants, contracts, licenses, privileges and ing to the National Research Council. ∑ Mr. AKAKA. Mr. President, today I other administrative actions shall have con- New research also confirms that our am introducing the Pet Safety and tinuing legal effect until modified, super- current social reality has placed enor- Protection Act of 1996, a bill to amend seded, set aside or revoked in accordance mous strains on working families’ the Animal Welfare Act to ensure that with or by operation of law. It also provides budgets because many families must all dogs and cats used by research fa- that proceedings, including notices of pro- posed rulemaking, and lawsuits commenced pay for child care. According to a new cilities are obtained legally. before the effective date of this title shall study of 100 child care centers entitled Medical research is an invaluable not be affected by the transfer. ‘‘Cost, Quality, and Child Outcomes in weapon in the battle against disease. Section 305. Separability. This section pro- Child Care Centers,’’ families spend an New drugs and surgical techniques vides that if a provision of this title is held average of $4,940 per year to provide offer promise in the fight against invalid, the remainder of the title shall re- services for each enrolled child. Annual AIDS, cancer, Alzheimer’s, heart dis- main unaffected. Section 306. References. This section pro- child care costs of this size represent a ease, and a host of other life-threat- vides that any reference to the Commis- whopping 28 percent of $17,481, which is ening illnesses. Orthopedic surgeons sioner of the Office of Navajo and Hopi Relo- the yearly income of an average family are making tremendous progress in de- cation and the Office of Relocation shall be in the bottom two-fifths of the income signing new and improved joint-re- deemed to refer to the Secretary of the Inte- scale. placement materials for patients. rior and the Office of Relocation of the De- But even for families who can afford Emergency medical techniques, such as partment of Interior respectively. the cost of child care, in some commu- CPR, have saved thousands of lives Section 307. Effective Date. This section nities child care continues to be hard since they were developed. provides that this title shall take effect on September 30, 2001. to obtain at any cost. Mr. President, in What do these advancements in medi- 1994, 36 States reported State child care cine have in common? Animal research Mr. Mr. FORD: assistance waiting lists, according to helped make them possible. Animal re- S. 2112. A bill to revise the boundary the children’s defense fund. Eight search ensures that drugs and surgical of the Abraham Lincoln Birthplace Na- States had at least 10,000 children wait- techniques, which benefit millions of

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11186 CONGRESSIONAL RECORD — SENATE September 24, 1996 people every day, are safe and effec- S. 2116. A bill to facilitate efficient trepreneur, the architect, the engineer, tive. Animal research is of great impor- investments and financing of infra- and even the community group that tance to our future, but there is grow- structure projects and new job creation seeks to develop improvements and ing evidence that, in some instances, through the establishment of a Na- novel and innovative ways of paying research is being carried out using fam- tional Infrastructure Development for such services. The Commission’s re- ily pets that have been fraudulently Corporatoin, and for other purposes; to port suggests a ‘‘growing of the pie’’ obtained from the owners who love the Committee on Finance. approach to leverage some of our pub- them. THE NATIONAL INFRASTRUCTURE DEVELOPMENT lic funds by encouraging such private The concern that has prompted me to ACT OF 1996 investment, and suggests that leverage introduce the Pet Safety and Protec- Mr. MOYNIHAN. Mr. President, I am ratios of approximately 10 to 18 times tion Act of 1996 does not relate to pleased to introduce legislation today the public funds involved are attain- whether animals should or should not that I hope, at the very least, will draw able. be used in medical research. Rather, attention to the interesting possibili- Recommendations of the Commission this bill provides a sensible solution to ties of how private capital might be and Mr. Flanagan, who has testified the growing problem of stray and sto- joined with public funding of our Na- several times before Congress on this len pets being sold to research facili- tion’s infrastructure. The bill is de- subject, are incorporated in this legis- ties. It addresses problems caused by signed to facilitate investment in, and lation. For example, it suggests var- unethical Class B ‘‘random source’’ the financing of, infrastructure ious insurance initiatives, particularly animal dealers. The Pet Safety and projects—which generate good-paying in the area of development risk, as well Protection Act of 1996 will safeguard jobs—through the creation of a self- as other innovative procedures, includ- family pets while allowing essential re- sustaining entity, the National Infra- ing the reinsurance of long term rev- search to continue in an environment structure Development Corporation. enue streams that would allow new free from deception and abuse. In 1991, I sponsored the Intermodal economic activity to ensure either in According to the USDA’s Animal and Surface Transportation Efficiency Act the construction of new or rehabilita- Plant Health Inspection Service [ISTEA]. One provision called for the tion of existing facilities. [APHIS], there are 4,325 licensed ani- establishment of an Infrastructure In- I commend my colleagues in the mal dealers in the United States. vestment Commission. Public invest- House of Representatives, particularly About 1,100 of these dealers are li- ments in infrastructure have been de- the Democratic leadership there, for censed by APHIS as Class B ‘‘random clining, and so the Commission was introducing this measure in that body source’’ animal dealers. This means charged with looking at ways to en- earlier this year. To me this is a bipar- that these dealers do not breed the ani- courage the investment of private cap- tisan effort and we welcome the sup- mals themselves, but obtain their dogs ital. The Commission was chaired by port of our Republican colleagues. This and cats from other sources. Daniel V. Flanagan, Jr. Under his able legislation, the National Infrastructure Unfortunately, there is significant direction, the Commission released a Development Act of 1996, is by no evidence to conclude that many Class report early in 1993. I found it truly means the final word on this subject. B ‘‘random source’’ dealers are profit- compelling, and I look forward to re- But I do recommend it to all of my col- eering through theft or by deceptively visiting the Commission’s rec- leagues for their examination and hope acquiring animals. For example, in ommendations as we prepare for ISTEA it proves sufficient to stimulate their 1995, 50 class B dealers supplied 24,000 of II. In short, we would do well to listen interest in this ingenious approach to the 89,000 dogs used for research. to Mr. Flanagan, again, as we reau- such an exciting matter. APHIS investigations of these dealers thorize our vitally important transpor- f found that up to 50 percent engaged in tation infrastructure policies in the SENATE RESOLUTION 296—REL- fraudulent record-keeping practices. In 105th Congress. There will be hearings, ATIVE TO DISABLED SENATE other words, up to 11,000 of the dogs of course, and we look forward to testi- EMPLOYEES mony from the Commission as to its sold to medical facilities in 1995 may Mr. FORD submitted the following recommendations. I would like to point have been obtained through pet theft, resolution; which was referred to the out that our colleague, Senator falsified records, and other unscrupu- Committee on Rules and Administra- HUTCHISON from Texas, served as a lous techniques. tion: The provisions of current law are im- member of the Commission; and I cer- S. RES. 296 possible to enforce effectively. In re- tainly look forward to working with Resolved, That (a) a Senate employee with sponse to evidence of repeated viola- her as the Environment and Public a disability (as defined in section 3 of the tions of Federal law by Class B ‘‘ran- Works Committee takes up this most Americans with Disabilities Act of 1990 (42 dom source’’ dealers, I have introduced important matter next year. U.S.C. 12102)) who has the privilege of the the Pet Safety and Protection Act of I would like to note that significant Senate floor under rule XXII of the Standing 1996. This legislation will ensure that infrastructure investment activity by Rules of the Senate may bring such sup- dogs and cats used by research facili- U.S. pension funds is occurring daily porting services (including dog guides and ties are obtained from legitimate overseas, particularly in Asia and interpreters) on the Senate floor as the em- Latin America. A good part of this has ploying office determines are necessary to sources. assist the disabled employee in discharging The problem of pet theft should not been prompted by the evolution of the the official duties of his or her employment be left unchecked. Dr. Robert Whitney, independent power generation spawned position. former director of the Office of Animal by the action of our Congress in cre- (b) The employing office of a disabled em- Care and Use at the National Institutes ating such entities as part of the En- ployee shall administer the provisions of this of Health recently declared that, ‘‘The ergy Policy Act of 1992. As a result, we resolution. continued existence of these virtually now have a project finance industry in f unregulatable Class B dealers erodes existence in this country assisting SENATE RESOLUTION 297— the public confidence in our commit- those American funds in such infra- REFERRING S. 558 structure investment overseas. Also, ment to appropriate procurement, care, Mr. ABRAHAM (for himself and Mr. and use of animals in the important re- current policies of the Overseas Private LEVIN) submitted the following resolu- search to better the health of both hu- Investment Corporation, the Export Import Bank, and the World Bank, en- tion; which was referred to the Com- mans and animals.’’ it is in the inter- mittee on the Judiciary: ests of consumers, pet owners, and re- courage this type of overseas invest- S. RES. 297 searchers alike, to see that animals ment through credit enhancements, po- Resolved, That the bill S. 558 entitled ‘‘A used for research purposes are obtained litical risk insurance, and so forth. The problem in the United States is Bill for the relief of Retired Sergeant First legitimately and treated with respect. Class James D. Benoit, Wan Sook Benoit, I urge all of my colleagues to join in that we have never provided such cred- and the estate of David Benoit, and for other supporting this legislation.∑ it enhancement disciplines in our own purposes,’’ is referred, with all accom- infrastructure network. Clearly, there panying papers, to the chief judge of the By Mr. MOYNIHAN: is significant political risk for the en- United

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11187 States Court of Federal Claims for a report in honor of Senator Mark O. Hatfield as a re- cles. When a baby is shaken, it causes in accordance with sections 1492 and 2509 of minder to present and future generations of the brain to rock back and forth, hit- title 28, United States Code. his outstanding service as a United States ting the skull with great force. This f Senator: Now, therefore, be it can cause the brain to bleed, bruise, or Resolved, That room S. 131 in the United SENATE RESOLUTION 298—DESIG- States Capitol Building is hereby designated swell, resulting in the possibility of NATING ROOM S–131 IN THE CAP- as, and shall hereafter be known as, the blindness, deafness, paralysis, epilepsy, ITOL AS THE MARK O. HATFIELD ‘‘Mark O. Hatfield Room’’ in recognition of cerebral palsy, and developmental dis- ROOM the selfless and dedicated service provided by ability. In many cases, this can also Senator Mark O. Hatfield to the Senate, our lead to death. Mr. BYRD (for himself, Mr. LOTT, Mr. Nation, and its people. DASCHLE, Mr. ABRAHAM, Mr. AKAKA, Brandon and Teddy are two very spe- f Mr. ASHCROFT, Mr. BAUCUS, Mr. BEN- cial little boys from my home State of NETT, Mr. BIDEN, Mr. BINGAMAN, Mr. SENATE RESOLUTION 299—RELAT- Minnesota. They are survivors of a BOND, Mrs. BOXER, Mr. BRADLEY, Mr. ING TO THE SENATE ARMS CON- common and deadly form of child abuse BREAUX, Mr. BROWN, Mr. BRYAN, Mr. TROL OBSERVER GROUP that is often committed out of simple BUMPERS, Mr. BURNS, Mr. CAMPBELL, ignorance. Brandon and Teddy were Mr. LOTT (for himself, and Mr. Mr. CHAFEE, Mr. COATS, Mr. COCHRAN, violently shaken by their birth moth- DASCHLE) submitted the following reso- Mr. COHEN, Mr. CONRAD, Mr. COVER- ers out of frustration. This type of lution; which was considered and DELL, Mr. CRAIG, Mr. D’AMATO, Mr. abuse and its resulting injuries are agreed to: DEWINE, Mr. DODD, Mr. DOMENICI, Mr. known as shaken baby syndrome or S. RES. 299 DORGAN, Mr. EXON, Mr. FAIRCLOTH, Mr. SBS. FEINGOLD, Mrs. FEINSTEIN, Mr. FORD, Resolved, That subsection (a) of the first Brandon and Teddy are survivors, but section of Senate Resolution 149, agreed to Mrs. FRAHM, Mr. FRIST, Mr. GLENN, Mr. October 5, 1993 (103d Congress, 1st Session), is they will bear the scars of their abuse GORTON, Mr. GRAHAM, Mr. GRAMM, Mr. amended by striking ‘‘until December 31, for the rest of their lives. Both boys GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr. 1996’’ and inserting ‘‘until December 31, have been adopted and are receiving HARKIN, Mr. HATCH, Mr. HEFLIN, Mr. 1998’’. expert care from a committed and lov- HELMS, Mr. HOLLINGS, Mrs. HUTCHISON, f ing family. Brandon is 6 years old and Mr. INHOFE, Mr. INOUYE, Mr. JEFFORDS, is stricken with a permanent brain in- Mr. JOHNSTON, Mrs. KASSEBAUM, Mr. SENATE RESOLUTION 300—TO DES- jury. He has a seizure disorder, shunts KEMPTHORNE, Mr. KENNEDY, Mr. IGNATE NATIONAL SHAKEN in his head, and a permanent blind spot KERREY, Mr. KERRY, Mr. KOHL, Mr. BABY SYNDROME AWARENESS as a result of being shaken. Brandon KYL, Mr. LAUTENBERG, Mr. LEAHY, Mr. WEEK receives special education services and LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. Mr. WELLSTONE (for himself, Mr. learns very slowly. Teddy is 4 years old MACK, Mr. MCCAIN, Mr. MCCONNELL, INOUYE, Mrs. MURRAY, Mr. DODD, Mrs. and does not speak. His brain injury Ms. MIKULSKI, Ms. MOSELEY-BRAUN, FRAHM, Mr. REID, Mr. GLENN, Mr. impacts his problem-solving capability Mr. MOYNIHAN, Mr. MURKOWSKI, Mrs. EXON, Mrs. BOXER and Mr. KENNEDY) and his education is a long and tedious MURRAY, Mr. NICKLES, Mr. NUNN, Mr. submitted the following resolution; process. Teddy will probably never be PELL, Mr. PRESSLER, Mr. PRYOR, Mr. which was referred to the Committee able to live independent of a care-giver. REID, Mr. ROBB, Mr. ROCKEFELLER, Mr. on the Judiciary: Brandon and Teddy’s injuries were ROTH, Mr. SANTORUM, Mr. SARBANES, S. RES. 300 entirely preventable. A study by the Mr. SHELBY, Mr. SIMON, Mr. SIMPSON, Whereas Shaken Baby Syndrome describes Ohio Research Institute on Child Abuse Mr. SMITH, Ms. SNOWE, Mr. SPECTER, the consequences that occur when a young Prevention indicates that 25 to 50 per- Mr. STEVENS, Mr. THOMAS, Mr. THOMP- child is violently shaken; cent of adults do not know that shak- SON, Mr. THURMOND, Mr. WARNER, Mr. Whereas Shaken Baby Syndrome is so le- ing a baby is dangerous. Education of WELLSTONE, and Mr. WYDEN) submitted thal that 20 to 25 percent of its victims die, adult and teenage child care providers the following resolution; which was and most survivors suffer brain damage; is the key to preventing the tragic con- considered and agreed to: Whereas Shaken Baby Syndrome accounts sequences of SBS. According to studies S. RES. 298 for 10 to 12 percent of all child abuse and ne- glect cases in the United States; by the U.S. Advisory Board on Child Whereas Senator Mark O. Hatfield, the son Whereas 25 to 50 percent of teenagers and Abuse and Neglect, SBS is so lethal of Charles Hatfield (a railroad construction adults do not know that shaking a baby is that over 20 percent of its victims die blacksmith) and Dovie Odom Hatfield (a dangerous; from the resulting injuries. These inju- school teacher), upon the completion of the Whereas education is the key to preventing 104th Congress, will have served in the ries may account for over 10 percent of this tragedy; and United States Senate with great distinction all physical child abuse deaths in the Whereas the United States has a con- for 30 years; United States. Whereas Senator Mark O. Hatfield is the tinuing commitment to the health and safe- ty of this Nation’s children: On November 10, 1996, the first Na- longest serving United States Senator from tional Conference on Shaken Baby Oregon; Now, therefore, be it Whereas Senator Mark O. Hatfield serves Resolved, That the Senate designates the Syndrome will convene in Salt Lake on the Committee on Energy and Natural week of November 3, 1996, as ‘‘National City, UT. At this conference a coalition Resources, the Committee on Rules and Ad- Shaken Baby Syndrome Awareness Week’’. of families, doctors, law enforcement ministration, the Joint Committee on the The President is requested to issue a procla- people, and child protection officials mation calling upon the people of the United Library, and the Joint Committee on Print- will gather to discuss the issues sur- ing; States to observe such week with appro- priate ceremonies and activities. rounding SBS. These committed indi- Whereas Senator Mark O. Hatfield serves viduals will work to educate medical as Chairman of the Committee on Appropria- ∑ Mr. WELLSTONE. Mr. President, I professionals about the symptoms of tions and has provided for the development submit a resolution designating the SBS, push for more severe penalties for of major public works projects throughout week of November 3, 1996 as National perpetrators, and teach all segments of the State of Oregon, the Pacific Northwest, Shaken Baby Syndrome Awareness and the rest of the Nation; the public that it’s never OK to shake Week. America’s children are its most Whereas Senator Mark O. Hatfield has con- a baby. stantly worked for what he calls ‘‘the des- priceless and irreplaceable resource, perate human needs in our midst’’ by striv- and I am proud to lend them my voice Mr. President this resolution empha- ing to improve health, education, and social in the U.S. Senate. Today, I speak for sizes the importance of this historic service programs; America’s children as I urge my col- conference. It is my hope that the Sen- Whereas Senator Mark O. Hatfield has leagues to consider this important res- ate will continue its commitment to earned bipartisan respect from his Senate olution. the health and safety of America’s chil- colleagues for his unique ability to work dren by supporting this resolution. across party lines to build coalitions which Shaking a baby causes serious brain secure the enactment of legislation; and injury. A baby’s head accounts for one- I ask unanimous consent that the list Whereas it is appropriate that a room in fourth of its weight and is supported by of supporting agencies be listed in the the United States Capitol Building be named weak and underdeveloped neck mus- RECORD.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11188 CONGRESSIONAL RECORD — SENATE September 24, 1996 There being no objection, the mate- Fish Hatchery to the State of South ‘‘Ranch A’’ in Crook County, Wyoming, de- rial was ordered to be printed in the Carolina; as follows: scribed as Township 52 North, Range 61 West, Section 24 N1⁄2 SE1⁄4, consisting of approxi- RECORD, as follows: Before section 1, insert the following: mately 80 acres of land. ORGANIZATIONS BY STATE SUPPORTING TITLE I—WALHALLA NATIONAL FISH (b) USE AND REVERSIONARY INTEREST.— SHAKEN BABY SYNDROME RESOLUTION HATCHERY (1) USE.—The property conveyed to the AL—Alabama Children’s Trust Fund At the end of the bill, add the following: State of Wyoming under this section shall be retained by the State and be used by the AK—Rural Community Action Program TITLE II—CORRECTION OF COASTAL State for the purposes of— AR—Arkansas Child Abuse Prevention BARRIER RESOURCES MAP AZ—National Council for the Prevention of (A) fish and wildlife management and edu- Child Abuse: AZ Chpt. SEC. 201. CORRECTIONS OF MAP. cational activities; and CA—Office of Child Abuse Prevention (a) IN GENERAL.—Not later than 30 days (B) using, maintaining, displaying, and re- CO—Pueblo City-County Health Dept. after the date of enactment of this Act, the storing, through State or local agreements, CT—Wheeler Clinic, Plainville, CT Secretary of the Interior shall make such or both, the museum-quality real and per- DE—Delawareans United to Prevent Child corrections to the set of maps described in sonal property and the historical interests Abuse subsection (b) as are necessary to move the and significance of the real and personal FL—Florida Council for the Prevention of southern-most boundary of Unit SC–01 of the property, consistent with applicable Federal Child Abuse Coastal Barrier Resources System (known as and State laws. (2) ACCESS BY INSTITUTIONS OF HIGHER EDU- GA—Georgia Council on Child Abuse, Inc. the ‘‘Long Pond Unit’’) to exclude from the Unit the structures known as ‘‘Lands End’’, CATION.—The State of Wyoming shall provide HI—Prevent Child Abuse Hawaii access to the property for institutions of ID—Idaho Children Services Bureau ‘‘Beachwalk’’, and ‘‘Courtyard Villas’’, in- cluding the land lying between the struc- higher education at a compensation level IN—Indiana Chapter NCPCA that is agreed to by the State and the insti- IA—Iowa Chapter NCPCA tures. The corrected southern boundary shall extend in a straight line, at the break in de- tutions of higher education. KS—Child Abuse Prevention Coalition (3) REVERSION.—All right, title, and inter- KY—Kentucky Council on Child Abuse, Inc. velopment, between the coast and the north boundary of the unit. est in and to the property described in sub- LA—Louisina Council on Child Abuse section (a) shall revert to the United States ME—Maine Dept. of Maternal and Child (b) MAPS.—The set of maps described in this subsection is the set of maps entitled if— Health (A) the property is used by the State of ‘‘Coastal Barrier Resources System’’ dated MD—Mt. Washington Pediatric Hospital Wyoming for any other purpose than the October 24, 1990, insofar as the maps relate to MA—Massachusetts Committee for Children purposes set forth in paragraph (1): and Youth Unit SC–01 of the Coastal Barrier Resources (B) there is any development of the prop- MI—Michigan Children’s Trust Fund System. erty (including commercial or recreational MN—Midwest Children’s Resource Center f development, but not including the construc- MS—Mississippi Children’s Trust Fund THE WYOMING FISH AND tion of small structures, to be used for the MO—MO Dept. of Health—Bureau of Pre- purposes set forth in subsection (b)(1), on natal and Child Health WILDLIFE FACILITY ACT OF 1996 land conveyed to the State of Wyoming MT—Cascade Cty. Child Abuse Prevention under subsection (a)(1)(A)); or Council, Great Falls, MT (C) the State does not make every reason- NE—Nebraska Department of Social Serv- THOMAS (AND OTHERS) able effort to protect and maintain the qual- ices AMENDMENT NO. 5399 ity and quantity of fish and wildlife habitat on the property. NV—Nevada Chapter NCPCA Mr. FRIST (for Mr. THOMAS, for him- NH—NH Bureau of Maternal and Child (c) ADDITION TO THE BLACK HILLS NATIONAL self, Mr. SIMPSON, Mr. DASCHLE, and Health FOREST.— NJ—New Jersey Chapter NCPCA Mr. PRESSLER) proposed an amendment (a) TRANSFER.—Administrative jurisdiction NM—NM Dept. of Children, Youth and Fami- to the bill (S. 1802) to direct the Sec- of the property described in subsection (a)(2) lies retary of the Interior to convey certain is transferred to the Secretary of Agri- NY—William B. Hoyt Memorial Children and property containing a fish and wildlife culture, to be included in and managed as part of the Black Hills National Forest. Families Trust Fund facility to the State of Wyoming, and (2) NO HUNTING OR MINERAL DEVELOPMENT.— NC—Prevent Child Abuse North Carolina for other purposes; as follows: No hunting or mineral development shall be ND—Children’s Hospital MeritCare Beginning on page 2, strike line 3 and all permitted on any of the land transferred to OH—Council on Child Abuse of Southern that follows through page 3, line 11, and in- the administrative jurisdiction of the Sec- Ohio sert the following: retary of Agriculture by paragraph (1). OK—Children’s Hospital of Oklahoma (a) CONVEYANCE.— OR—Children’s Trust Fund f (1) IN GENERAL.—Not later than 180 days RI—Rhode Island Committee to Prevent after the date of enactment of this Act, the THE TENSAS RIVER NATIONAL Child Abuse Secretary of the Interior shall convey, in ‘‘as WILDLIFE REFUGE ACT OF 1996 SC—SC Office of Public Health—Social Work is’’ condition, to the State of Wyoming with- SD—SD Office of Child Protection Services out reimbursement— TN—Tennessee Dept. of Human Services (A) all right, title, and interest of the JOHNSTON AMENDMENT NO. 5400 TX—Children’s Trust Fund of Texas United States in and to the portion of the UT—Child Abuse Prevention of Ogden Mr. FRIST (for Mr. JOHNSTON) pro- property commonly known as ‘‘Ranch A’’ in posed an amendment to the bill (H.R. VT—Vermont Chapter NCPCA Crook County, Wyoming, other than the por- VA—SCAN of Northern Virginia, Inc. tion described in paragraph (2), consisting of 2660) to increase the amount authorized WA—WA Council for Prevention of Child approximately 600 acres of land (including to be appropriated to the Department Abuse and Neglect all real property, buildings, and all other im- of the Interior for the Tensas River Na- WV—WV Children’s Reportable Disease Coor- provements to real property) and all per- tional Wildlife Refuge; as follows: dinator sonal property (including art, historic light At the end of the bill, add the following: WI—WI Child Protection Center/Outpatient fixtures, wildlife mounts, draperies, rugs, Health Center SEC. 3. BAYOU SAUVAGE URBAN NATIONAL WILD- and furniture directly related to the site, in- LIFE REFUGE. WY—Wyoming Dept. of Family Services cluding personal property on loan to muse- (a) RFUGE EXPANSION.—Section 502(b)(1) of DC—Children’s Nat’l Medical Center—Div. of ums and other entities at the time of trans- the Emergency Wetlands Resources Act of ∑ Child Protection. fer); 1986 (Public Law 99–645; 100 Stat. 3590), is f (B) all right, title, and interest of the amended by inserting after the first sentence United States in and to all buildings and re- the following: ‘‘In addition, the Secretary AMENDMENTS SUBMITTED lated improvements and all personal prop- may acquire, within such period as may be erty associated with the buildings on the necessary, an area of approximately 4,228 portion of the property described in para- acres, consisting of approximately 3,928 acres THE WALHALLA NATIONAL FISH graph (2); and located north of Interstate 10 between Little HATCHERY CONVEYANCE ACT (C) a permanent right of way across the Woods and Pointe-aux-Herbes and approxi- portion of the property described in para- mately 300 acres south of Interstate 10 be- graph (2) to use the buildings conveyed under tween the Maxent Canal and Michoud Boule- HOLLINGS AMENDMENT NO. 5398 subparagraph (B). vard that contains the Big Oak Island ar- (2) RANCH A.—Subject to the exceptions de- chaeological site, as depicted on the map en- Mr. FRIST (for Mr. HOLLINGS) pro- scribed in subparagraphs (B) and (C) of para- titled ‘‘Bayou Sauvage Urban National Wild- posed an amendment to the bill (H.R. graph (1), the United States shall retain all life Refuge Expansion’’, dated August, 1996, 3546) to direct the Secretary of the In- right, title, and interest in and to the por- on file with the United States Fish and Wild- terior to convey the Walhalla National tion of the property commonly known as life Service.’’

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11189 THE ANIMAL DRUG AVAILABILITY conditions of use for which they are intended vides appropriate concurrent use for the in- ACT OF 1996 for use in the combination— tended target population; ‘‘(A) the Secretary shall not issue an order ‘‘(iii) where a combination contains more under paragraph (1)(A), (1)(B), or (1)(D) refus- than one nontopical antibacterial ingredient KASSEBAUM AMENDMENT NO. 5401 ing to approve the application for such com- or animal drug, there is substantial evidence bination on human food safety grounds un- that each of the nontopical antibacterial in- Mr. FRIST (for Mrs. KASSEBAUM) pro- less the Secretary finds that the application gredients or animal drugs makes a contribu- posed an amendment to the bill (S. 773) fails to establish that— tion to the labeled effectiveness; or to amend the Federal Food, Drug, and ‘‘(i) none of the active ingredients or drugs ‘‘(iv) where based on scientific information Cosmetic Act to provide for improve- intended for use in the combination, respec- the Secretary has reason to believe the ac- ments in the process of approving and tively, at the longest withdrawal time of any tive ingredients or animal drugs intended for of the active ingredients or drugs in the com- use in drinking water may be physically in- using animal drugs, and for other pur- bination, respectively, exceeds its estab- compatible, such active ingredients or ani- poses; as follows: lished tolerance; or mal drugs intended for use in drinking water Strike all after the enacting clause and in- ‘‘(ii) none of the active ingredients or are physically compatible.’’. sert the following: drugs in the combination interferes with the (d) PRESUBMISSION CONFERENCE.—Section SECTION 1. SHORT TITLE; REFERENCE. methods of analysis for another of the active 512(b) (21 U.S.C. 360b(b)) is amended by add- (a) SHORT TITLE.—This Act may be cited as ingredients or drugs in the combination, re- ing at the end the following: the ‘‘Animal Drug Availability Act of 1996’’. spectively; ‘‘(3) Any person intending to file an appli- cation under paragraph (1) or a request for (b) REFERENCE.—Whenever in this Act an ‘‘(B) the Secretary shall not issue an order amendment or repeal is expressed in terms of under paragraph (1)(A), (1)(B), or (1)(D) refus- an investigational exemption under sub- an amendment to, or repeal of, a section or ing to approve the application for such com- section (j) shall be entitled to one or more other provision, the reference shall be con- bination on target animal safety grounds un- conferences prior to such submission to sidered to be made to a section or other pro- less the Secretary finds that— reach an agreement acceptable to the Sec- vision of the Federal Food, Drug, and Cos- ‘‘(i)(I) there is a substantiated scientific retary establishing a submission or an inves- metic Act (21 U.S.C. 321 et seq.). issue, specific to one or more of the active tigational requirement, which may include a ingredients or animal drugs in the combina- requirement for a field investigation. A deci- SEC. 2. EVIDENCE OF EFFECTIVENESS. tion, that cannot adequately be evaluated sion establishing a submission or an inves- (A) ORIGINAL APPLICATIONS.—Paragraph (3) based on information contained in the appli- tigational requirement shall bind the Sec- of section 512(d) (21 U.S.C. 360(d)) is amended cation for the combination (including any retary and the applicant or requestor unless to read as follows: investigations, studies, or tests for which the (A) the Secretary and the applicant or re- ‘‘(3) As used in this section, the term ‘sub- applicant has a right of reference or use from questor mutually agree to modify the re- stantial evidence’ means evidence consisting the person by or for whom the investiga- quirement, or (B) the Secretary by written of one or more adequate and well controlled tions, studies, or tests were conducted); or order determines that a substantiated sci- investigations, such as— ‘‘(II) there is a scientific issue raised by entific requirement essential to the deter- ‘‘(A) a study in a target species; target animal observations contained in mination of safety or effectiveness of the ‘‘(B) a study in laboratory animals; studies submitted to the Secretary as part of animal drug involved has appeared after the ‘‘(C) any field investigation that may be the application; and conference. No later than 25 calendar days required under this section and that meets ‘‘(ii) based on the Secretary’s evaluation of after each such conference, the Secretary the requirements of subsection (b)(3) if a pre- the information contained in the application shall provide a written order setting forth a submission conference is requested by the with respect to the issues identified in scientific justification specific to the animal applicant: clauses (i)(I) and (II), paragraph (1)(A), (B), drug and intended uses under consideration ‘‘(D) a bioequivalence study; or or (D) apply; if the agreement referred to in the first sen- ‘‘(E) an in vitro study; ‘‘(C) except in the case of a combination tence requires more than one field investiga- by experts qualified by scientific training that contains a nontopical antibacterial in- tion as being essential to provide substantial and experience to evaluate the effectiveness gredient or animal drug, the Secretary shall evidence of effectiveness for the intended of the drug involved, on the basis of which it not issue an order under paragraph (1)(E) re- uses of the drug. Nothing in this paragraph could fairly and reasonably be concluded by fusing to approve an application for a com- shall be construed as compelling the Sec- such experts that the drug will have the ef- bination animal drug intended for use other retary to require a field investigation.’’. fect it purports or is represented to have than in animal feed or drinking water unless (e) IMPLEMENTATION.— under the conditions of use prescribed, rec- the Secretary finds that the application fails (1) IN GENERAL.—Not later than 6 months ommended, or suggested in the labeling or to demonstrate that— after the date of enactment of this Act, the proposed labeling thereof.’’. ‘‘(i) there is substantial evidence that any Secretary of Health and Human Services (b) CONFORMING AMENDMENTS.— active ingredient or animal drug intended shall issue proposed regulations imple- (1) Clauses (ii) and (iii) of section only for the same use as another active in- menting the amendments made by this Act 512(c)(2)(F) (21 U.S.C. 360b(c)(2)(F)) are each gredient or animal drug in the combination as described in paragraph (2)(A) of this sub- amended— makes a contribution to labeled effective- section, and not later than 18 months after (A) by striking ‘‘reports of new clinical or ness; the date of enactment of this Act, the Sec- field investigations (other than bioequiva- ‘‘(ii) each active ingredient or animal drug retary shall issue final regulations imple- lence or residue studies) and,’’ and inserting intended for at least one use that is different menting such amendments. Not later than 12 ‘‘substantial evidence of the effectiveness of from all other active ingredients or animal months after the date of enactment of this the drug involved, any studies of animal drugs used in the combination provides ap- Act, the Secretary shall issue proposed regu- safety, or,’’; and propriate concurrent use for the intended lations implementing the other amendments (B) by striking ‘‘essential to’’ and inserting target population; or made by this Act as described in paragraphs ‘‘required for’’. ‘‘(iii) where based on scientific information (2)(B) and (2)(C) of this subsection, and not (2) Section 512(c)(2)(F)(v) (21 U.S.C. 360b the Secretary has reason to believe the ac- later than 24 months after the date of enact- (c)(2)(F)(v)) is amended— tive ingredients or animal drugs may be ment of this Act, the Secretary shall issue (A) by striking ‘‘subparagraph (B)(iv)’’ physically incompatible or have disparate final regulations implementing such amend- each place it appears and inserting ‘‘clause dosing regimens, such active ingredients or ments. (iv)’’; animal drugs are physically compatible or do (2) CONTENTS.—In issuing regulations im- (B) by striking ‘‘reports of clinical or field not have disparate dosing regimens; and plementing the amendments made by this investigations’’ and inserting ‘‘substantial ‘‘(D) the Secretary shall not issue an order Act, and in taking an action to review an ap- evidence of the effectiveness of the drug in- under paragraph (1)(E) refusing to approve plication for approval of a new animal drug volved, any studies of animal safety,’’; and an application for a combination animal under section 512 of the Federal Food, Drug, (C) by striking ‘‘essential to’’ and inserting drug intended for use in animal feed or and Cosmetic Act (21 U.S.C. 360b), or request ‘‘required for’’. drinking water unless the Secretary finds for an investigational exemption for a new (c) COMBINATION DRUGS.—Section 512(d) (21 that the application fails to demonstrate animal drug under subsection (j) of such sec- U.S.C. 360b(d)), as amended by subsection (a) that— tion, that is pending or has been submitted is amended by adding at the end the fol- ‘‘(i) there is substantial evidence that any prior to the effective date of the regulations, lowing: active ingredient or animal drug intended the Secretary shall— ‘‘(4) In a case in which an animal drug con- only for the same use as another active in- (A) further define the term ‘‘adequate and tains more than one active ingredient, or the gredient or animal drug in the combination well controlled’’, as used in subsection (d)(3) labeling of the drug prescribes, recommends, makes a contribution to the labeled effec- of section 512 of such Act, to require that or suggests use of the drug in combination tiveness; field investigations be designed and con- with one or more other animal drugs, and ‘‘(ii) each of the active ingredients or ani- ducted in a scientifically sound manner, tak- the active ingredients or drugs intended for mal drugs intended for at least one use that ing into account practical conditions in the use in the combination have previously been is different from all other active ingredients field and differences between field conditions separately approved for particular uses and or animal drugs used in the combination pro- and laboratory conditions;

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11190 CONGRESSIONAL RECORD — SENATE September 24, 1996 (B) further define the term ‘‘substantial after ‘‘other than man’’ the following: ‘‘, to use under the professional supervision of a evidence’’, as defined in subsection (d)(3) of other than a veterinary feed directive drug licensed veterinarian’’. such section, in a manner that encourages intended for use in animal feed or an animal (d) SECTION 301(e).—Section 301(e) (21 the submission of applications and supple- feed bearing or containing a veterinary feed U.S.C. 331(e)) is amended by inserting after mental applications; and directive drug,’’. ‘‘by section 412’’ the following: ‘‘, 504,’’; and (C) take into account the proposals con- (b) SECTION 504.—The Federal Food, Drug, by inserting after ‘‘under section 412,’’ the tained in the citizen petition (FDA Docket and Cosmetic Act is amended by inserting following: ‘‘504,’’. No. 91P–0434/CP) jointly submitted by the after section 503 the following: American Veterinary Medical Association ‘‘VETERINARY FEED DIRECTIVE DRUGS SEC. 6. FEED MILL LICENSES. and the Animal Health Institute, dated Octo- ‘‘SEC. 504. (a)(1) A drug intended for use in ber 21, 1991. (a) SECTION 512(a).—Paragraphs (1) and (2) or on animal feed which is limited by an ap- Until the regulations required by subpara- of section 512(a) (21 U.S.C. 360b(a)) are proved application filed pursuant to section amended to read as follows: graph (A) are issued, nothing in the regula- 512(b) to use under the professional super- tions published at 21 C.F.R. 514.111(a)(5) ‘‘(a)(1) A new animal drug shall, with re- vision of a licensed veterinarian is a veteri- (April 1, 1996) shall be construed to compel spect to any particular use or intended use of nary feed directive drug. Any animal feed the Secretary of Health and Human Services such drug, be deemed unsafe for the purposes bearing or containing a veterinary feed di- to require a field investigation under section of section 501(a)(5) and section 402(a)(2)(D) rective drug shall be fed to animals only by 512(d)(1)(E) of the Federal Food, Drug, and unless— or upon a lawful veterinary feed directive Cosmetic Act (21 U.S.C. 360b(d)(1)(E)) or to issued by a licensed veterinarian in the ‘‘(A) there is in effect an approval of an ap- apply any of its provisions in a manner in- course of the veterinarian’s professional plication filed pursuant to subsection (b) consistent with the considerations for sci- practice. When labeled, distributed, held, and with respect to such use or intended use of entifically sound field investigations set such drug, and forth in subparagraph (A). used in accordance with this section, a vet- (f) MINOR SPECIES AND USES.—The Sec- erinary feed directive drug and any animal ‘‘(B) such drug, its labeling, and such use retary of Health and Human Services shall feed bearing or containing a veterinary feed conform to such approved application. consider legislative and regulatory options directive drug shall be exempt from section A new animal drug shall also be deemed un- for facilitating the approval under section 502(f). 512 of the Federal Food, Drug, and Cosmetic ‘‘(2) A veterinary feed directive is lawful if safe for such purposes in the event of re- Act of animal drugs intended for minor spe- it— moval from the establishment of a manufac- cies and for minor uses and, within 18 ‘‘(A) contains such information as the Sec- turer, packer, or distributor of such drug for months after the date of enactment of this retary may by general regulation or by order use in the manufacture of animal feed in any Act, announce proposals for legislative or require; and State unless at the time of such removal regulatory change to the approval process ‘‘(B) is in compliance with the conditions such manufacturer, packer, or distributor under such section for animal drugs intended and indications for use of the drug set forth has an unrevoked written statement from for use in minor species or for minor uses. in the notice published pursuant to section the consignee of such drug, or notice from 512(i). SEC. 3. LIMITATION ON RESIDUES. the Secretary, to the effect that, with re- Section 512(d)(1)(F) (21 U.S.C. 360b(d)(1)(F)) ‘‘(3)(A) Any persons involved in the dis- spect to the use of such drug in animal feed, is amended to read as follows: tribution or use of animal feed bearing or such consignee (i) holds a license issued ‘‘(F) Upon the basis of information sub- containing a veterinary feed directive drug under subsection (m) and has in its posses- mitted to the Secretary as part of the appli- and the licensed veterinarian issuing the vet- sion current approved labeling for such drug cation or any other information before the erinary feed directive shall maintain a copy in animal feed; or (ii) will, if the consignee is Secretary with respect to such drug, any use of the veterinary feed directive applicable to not a user of the drug, ship such drug only to prescribed, recommended, or suggested in la- each such feed, except in the case of a person a holder of a license issued under subsection beling proposed for such drug will result in a distributing such feed to another person for (m). further distribution. Such person distrib- residue of such drug in excess of a tolerance ‘‘(2) An animal feed bearing or containing uting the feed shall maintain a written ac- found by the Secretary to be safe for such a new animal drug shall, with respect to any drug.’’. knowledgement from the person to whom the particular use or intended use of such animal SEC. 4. IMPORT TOLERANCES. feed is shipped stating that that person shall feed be deemed unsafe for the purposes of Section 512(a) (21 U.S.C. 360b(a)) is amend- not ship or move such feed to an animal pro- section 501(a)(6) unless— ed by adding the following new paragraph at duction facility without a veterinary feed di- the end: rective or ship such feed to another person ‘‘(A) there is in effect an approval of an ap- ‘‘(6) For purposes of section 402(a)(2)(D), a for further distribution unless that person plication filed pursuant to subsection (b) use or intended use of a new animal drug has provided the same written acknowledge- with respect to such drug, as used in such shall not be deemed unsafe under this sec- ment to its immediate supplier. animal feed, tion if the Secretary establishes a tolerance ‘‘(B) Every person required under subpara- ‘‘(B) such animal feed is manufactured at a for such drug and any edible portion of any graph (A) to maintain records, and every per- site for which there is in effect a license animal imported into the United States does son in charge or custody thereof, shall, upon issued pursuant to subsection (m)(1) to man- not contain residues exceeding such toler- request of an officer or employee designated ufacture such animal feed, and ance. In establishing such tolerance, the Sec- by the Secretary, permit such officer or em- ‘‘(C) such animal feed and its labeling, dis- retary shall rely on data sufficient to dem- ployee at all reasonable times to have access tribution, holding, and use conform to the onstrate that a proposed tolerance is safe to and copy and verify such records. based on similar food safety criteria used by ‘‘(C) Any person who distributes animal conditions and indications of use published the Secretary to establish tolerances for ap- feed bearing or containing a veterinary feed pursuant to subsection (i).’’. plications for new animals drugs filed under directive drug shall upon first engaging in (b) SECTION 512(m).—Section 512(m) (21 subsection (b)(1). The Secretary may con- such distribution notify the Secretary of U.S.C. 360b(m)) is amended to read as fol- sider and rely on data submitted by the drug that person’s name and place of business. lows: manufacturer, including data submitted to The failure to provide such notification shall ‘‘(m)(1) Any person may file with the Sec- appropriate regulatory authorities in any be deemed to be an act which results in the retary an application for a license to manu- country where the new animal drug is law- drug being misbranded. facture animal feeds bearing or containing fully used or data available from a relevant ‘‘(b) A veterinary feed directive drug and new animal drugs. Such person shall submit international organization, to the extent any feed bearing or containing a veterinary to the Secretary as part of the application such data are not inconsistent with the cri- feed directive drug shall be deemed to be (A) a full statement of the business name teria used by the Secretary to establish a misbranded if their labeling fails to bear and address of the specific facility at which tolerance for applications for new animal such cautionary statement and such other the manufacturing is to take place and the drugs filed under subsection (b)(1). For pur- information as the Secretary may by general facility’s registration number, (B) the name poses of this paragraph, ‘relevant inter- regulation or by order prescribe, or their ad- and signature of the responsible individual national organization’ means the Codex vertising fails to conform to the conditions or individuals for that facility, (C) a certifi- Alimenterius Commission or other inter- and indications for use published pursuant to cation that the animal feeds bearing or con- national organization deemed appropriate by section 512(i) or fails to contain the general taining new animal drugs are manufactured the Secretary. The Secretary may, under cautionary statement prescribed by the Sec- and labeled in accordance with the applica- procedures specified by regulation, revoke a retary. ble regulations published pursuant to sub- tolerance established under this paragraph if ‘‘(c) Neither a drug subject to this section, section (i), and (D) a certification that the information demonstrates that the use of the nor animal feed bearing or containing such a methods used in, and the facilities and con- new animal drug under actual use conditions drug, shall be deemed to be prescription arti- trols used for, manufacturing, processing, results in food being imported into the cle under any Federal or State law.’’. packaging, and holding such animal feeds are United States with residues exceeding the (c) CONFORMING AMENDMENT.—Section 512 in conformity with current good manufac- tolerance or if scientific evidence shows the (21 U.S.C. 360b) is amended in subsection (i) tolerance to be unsafe.’’. by inserting after ‘‘(including special label- turing practice as described in section 501(a)(2)(B). SEC. 5. VETERINARY FEED DIRECTIVES. ing requirements’’ the following: ‘‘and any (a) SECTION 503.—Section 503(f)(1)(A) (21 requirement that an animal feed bearing or ‘‘(2) Within 90 days after the filing of an U.S.C. 353(f)(1)(A)) is amended by inserting containing the new animal drug be limited application pursuant to paragraph (1), or

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11191 such additional period as may be agreed ‘‘(i) that the applicant has failed to estab- holds at least one approved medicated feed upon by the Secretary and the applicant, the lish a system for maintaining required application for an animal feed bearing or Secretary shall (A) issue an order approving records, or has repeatedly or deliberately containing new animal drugs, the manufac- the application if the Secretary then finds failed to maintain such records or to make ture of which was not otherwise exempt from that none of the grounds for denying ap- required reports in accordance with a regula- the requirement for an approved medicated proval specified in paragraph (3) applies, or tion or order under paragraph (5)(A) of this feed application on the date of the enact- (B) give the applicant notice of an oppor- subsection or section 504(a)(3)(A), or the ap- ment of this Act, shall be deemed to hold a tunity for a hearing before the Secretary plicant has refused to permit access to, or license for the manufacturing site identified under paragraph (3) on the question whether copying or verification of, such records as re- in the approved medicated feed application. such application is approvable. The proce- quired by subparagraph (B) of such para- The revocation of license provisions of sec- dure governing such a hearing shall be the graph or section 504(a)(3)(B); tion 512(m)(4) of the Federal Food, Drug, and procedure set forth in the last two sentences ‘‘(ii) that on the basis of new information Cosmetic Act, as amended by this Act, shall of subsection (c)(1). before the Secretary, evaluated together apply to such licenses. Such license shall ex- ‘‘(3) If the Secretary, after due notice to with the evidence before the Secretary when pire within 18 months from the date of enact- the applicant in accordance with paragraph such license was issued, the methods used in, ment of this Act unless the person submits (2) and giving the applicant an opportunity or the facilities and controls used for, the to the Secretary a completed license applica- for a hearing in accordance with such para- manufacture, processing, packing, and hold- tion for the manufacturing site accompanied graph, finds, on the basis of information sub- ing of such animal feed are inadequate to as- by a copy of an approved medicated feed ap- mitted to the Secretary as part of the appli- sure and preserve the identity, strength, plication for such site, which license applica- cation, on the basis of a preapproval inspec- quality, and purity of the new animal drug tion shall be deemed to be approved upon re- tion, or on the basis of any other informa- therein, and were not made adequate within ceipt by the Secretary. tion before the Secretary— a reasonable time after receipt of written no- f ‘‘(A) that the application is incomplete, tice from the Secretary, specifying the mat- false, or misleading in any particular; ter complained of; NOTICE OF HEARING ‘‘(B) that the methods used in, and the fa- ‘‘(iii) that on the basis of new information cilities and controls used for, the manufac- before the Secretary, evaluated together COMMITTEE ON AGRICULTURE, NUTRITION, AND ture, processing, and packing of such animal with the evidence before the Secretary when FORESTRY feed are inadequate to preserve the identity, such license was issued, the labeling of any Mr. LUGAR. Mr. President, I would strength, quality, and purity of the new ani- animal feeds, based on a fair evaluation of like to announce that the Senate Com- mal drug therein; or all material facts, is false or misleading in ‘‘(C) that the facility manufactures animal mittee on Agriculture, Nutrition, and any particular and was not corrected within feeds bearing or containing new animal Forestry will hold a full committee a reasonable time after receipt of written no- drugs in a manner that does not accord with hearing on Wednesday, October 2, 1996, tice from the Secretary specifying the mat- the specifications for manufacture or labels ter complained of; or at 9 a.m. in SR–328A to discuss renew- animal feeds bearing or containing new ani- ‘‘(iv) that on the basis of new information able fuels and the future security of mal drugs in a manner that does not accord before the Secretary, evaluated together U.S. energy supplies. with the conditions or indications of use with the evidence before the Secretary when f that are published pursuant to subsection (i), such license was issued, the facility has man- the Secretary shall issue an order refusing to ufactured, processed, packed, or held animal AUTHORITY FOR COMMITTEES TO approve the application. If, after such notice feed bearing or containing a new animal drug MEET and opportunity for hearing, the Secretary adulterated under section 501(a)(6) and the finds that subparagraphs (A) through (C) do facility did not discontinue the manufacture, COMMITTEE ON ARMED SERVICES not apply, the Secretary shall issue an order processing, packing, or holding of such ani- Mr. BROWN. Mr. President, I ask approving the application. An order under mal feed within a reasonable time after re- unanimous consent that the Com- this subsection approving an application for ceipt of written notice from the Secretary mittee on Armed Services be author- a license to manufacture animal feeds bear- specifying the matter complained of. ized to meet at 2 p.m. on Wednesday, ing or containing new animal drugs shall ‘‘(C) The Secretary may also revoke a li- permit a facility to manufacture only those cense to manufacture animal feeds under September 25, 1996, in open session, to animal feeds bearing or containing new ani- this subsection if an applicant gives notice receive testimony on the impact of the mal drugs for which there are in effect regu- to the Secretary of intention to discontinue Bosnian elections and the deployment lations pursuant to subsection (i) relating to the manufacture of all animal feed covered of United States Military Forces to the use of such drugs in or on such animal under this subsection and waives an oppor- Bosnia and the Middle East. feed. tunity for a hearing on the matter. The PRESIDING OFFICER. Without ‘‘(4)(A) The Secretary shall, after due no- ‘‘(D) Any order under this paragraph shall objection, it is so ordered. tice and opportunity for hearing to the appli- state the findings upon which it is based. cant, revoke a license to manufacture ani- ‘‘(5) When a license to manufacture animal COMMITTEE ON ARMED SERVICES mal feeds bearing or containing new animal feeds bearing or containing new animal Mr. BROWN. Mr. President, I ask drugs under this subsection if the Secretary drugs has been issued— unanimous consent that the Com- finds— ‘‘(A) the applicant shall establish and mittee on Armed Services be author- ‘‘(i) that the application for such license maintain such records, and make such re- contains any untrue statement of a material ized to meet on Tuesday, September 24, ports to the Secretary, or (at the option of 1996, at 3:30 p.m. in executive session, fact; or the Secretary) to the appropriate person or ‘‘(ii) that the applicant has made changes persons holding an approval application filed to consider certain pending military that would cause the application to contain under subsection (b), as the Secretary may nominations. any untrue statements of material fact or by general regulation, or by order with re- The PRESIDING OFFICER. Without that would affect the safety or effectiveness spect to such application, prescribe on the objection, it is so ordered. of the animal feeds manufactured at the fa- basis of a finding that such records and re- COMMITTEE ON COMMERCE, SCIENCE, AND cility unless the applicant has supplemented ports are necessary in order to enable the TRANSPORTATION the application by filing with the Secretary Secretary to determine, or facilitate a deter- Mr. PRESSLER. Mr. President, I ask adequate information respecting all such mination, whether this is or may be ground changes and unless there is in effect an ap- for invoking subsection (e) or paragraph (4); unanimous consent that the Com- proval of the supplemental application. and mittee on Commerce, Science, and If the Secretary (or in the Secretary’s ab- ‘‘(B) every person required under this sub- Transportation be allowed to meet dur- sence the officer acting as the Secretary) section to maintain records, and every per- ing the Tuesday, September 24, 1996 finds that there is an imminent hazard to son in charge or custody thereof, shall, upon session of the Senate for the purpose of the health of humans or of the animals for request of an officer or employee designated conducing a hearing on S. 1860, the which such animal feed is intended, the Sec- by the Secretary, permit such officer or em- Auto Choice Reform Act. retary may suspend the license immediately, ployee at all reasonable times to have access and give the applicant prompt notice of the to and copy and verify such records. The PRESIDING OFFICER. Without action and afford the applicant the oppor- ‘‘(6) To the extent consistent with the pub- objection, it is so ordered. tunity for an expedited hearing under this lic health, the Secretary may promulgate COMMITTEE ON FOREIGN RELATIONS subsection; but the authority conferred by regulations for exempting from the oper- Mr. BROWN. Mr. President, I ask this sentence shall not be delegated. ation of this subsection facilities that manu- unanimous consent that the Com- ‘‘(B) The Secretary may also, after due no- facture, process, pack, or hold animal feeds tice and opportunity for hearing to the appli- bearing or containing new animal drugs.’’. mittee on Foreign Relations be author- cant, revoke a license to manufacture ani- (c) TRANSITIONAL PROVISION.—A person en- ized to meet during the session of the mal feed under this subsection if the Sec- gaged in the manufacture of animal feeds Senate on Tuesday, September 24, 1996, retary finds— bearing or containing new animal drugs who at 10 a.m. to hold a hearing.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11192 CONGRESSIONAL RECORD — SENATE September 24, 1996 The PRESIDING OFFICER. Without problem is compounded by the fact First, the bodies of most of the North Ko- objection, it is so ordered. that there is no communication be- reans that I saw are exhausted. Simply sur- viving this winter will be a tremendous phys- COMMITTEE ON GOVERNMENTAL AFFAIRS tween the two countries. Mr President, I ask that Congress- ical challenge that many of them will not be Mr. BROWN. Mr. President, I ask able to meet. unanimous consent on behalf of the man HALL’s remarks be printed in the Second, North Korea’s land appears equal- Governmental Affairs Committee to RECORD. ly worn out. Food grows on any patch of land The remarks follow: meet on Tuesday, September 24, at 10 available—atop the rice paddy walls, along a.m. for a hearing on the S. 1724, Free- TESTIMONY OF U.S. REPRESENTATIVE TONY P. the shoulders of roads, in rivers’ floodplains, HALL on the slopes of steep hills. Land is not per- dom from Government Competition Good morning. I want to thank you for in- mitted to lie fallow, there is no investment Act of 1996. viting me to testify today, Mr. Chairman, in fertilizer and pesticides, deforestation The PRESIDING OFFICER. Without and to thank both you and Senator Robb for leads to soil erosion that ruins once-produc- objection, it is so ordered. the focus you are bringing to the United tive land—and sorry yields are the result of COMMITTEE ON INDIAN AFFAIRS States’ relationship with North Korea. it all. North Korea’s granaries were last full in Mr. BROWN. Mr. President, I ask I am convinced that our increasing con- tacts with North Korea can only benefit 1992—but however self-inflicted the long- unanimous consent that the Com- America’s interests—and make the job of the term problems may be, the country was mittee on Indian Affairs be authorized 37,000 American troops stationed along the overwhelmed by the worst natural disaster to meet during the session of the Sen- border with South Korea easier. And I am in its history last year. And this year, an- ate on Tuesday, September 24, 1996, at hopeful that our contacts also will help the other severe flood struck the breadbasket 9:30 a.m. in room 106 of the Dirksen people of North Korea who have suffered in provinces that produce 60 percent of North Senate Office Building to conduct a their decades-long isolation, and are hurting Korea’s grain. badly today. WHAT IS MISSING hearing on tribal sovereign immunity. Our humanitarian work, our progress in The PRESIDING OFFICER. Without What struck me most was not what I saw— dismantling North Korea’s nuclear reactor but what was missing. There is an eerie si- objection, it is so ordered. and on missile technology controls, and the lence in the capital, and in the villages that SPECIAL COMMITTEE ON AGING unprecedented joint investigation by U.S. we visited in more than 20 hours on the road. Mr. COHEN. Mr. President, I ask and North Korean soldiers into the fate of You don’t hear roosters crowing, and the air unanimous consent that the Special missing servicemen—all of these mark a dra- seems empty of birds—even of gulls in the matic turn-around in a relationship that is seaside city of Haeju. You don’t see cats, or Committee on Aging be authorized to in its fifth decade of military tension. meet during the session of the Senate rats, or cows or goats—or much sign of other I believe our nation owes special thanks animal life. Occasionally, in people’s homes I on Tuesday, September 24, at 9 a.m. to for these changes to former President Jimmy saw dogs, but not a single puppy. According hold a hearing to discuss Social Secu- Carter, whose personal diplomacy laid the to some aid workers, the sight of a pregnant rity reform. groundwork for peace two years ago. Senator woman is increasingly rare, and a new ma- The PRESIDING OFFICER. Without Paul Simon, who with Senator Frank Mur- ternity hospital never has more than 25 of its objection, it is so ordered. kowski travelled to North Korea at a crucial 250 beds filled. Certainly we saw no fat peo- moment, and who has championed ideas that ple—or anybody that bore much resemblance f hold great promise for the future of both to their healthier siblings and cousins in countries, also deserves recognition for his South Korea. NOTICE OF INTENTION TO SUS- work. We ought to build on their success in PEND THE STANDING RULES OF Soldiers—and we saw a lot of individual seizing this historic opportunity. soldiers throughout the capital and country- THE SENATE NORTH KOREA’S FOOD SHORTAGE side—have the same hollow-cheeked look as Mr. LOTT. Mr. President, pursuant The hunger and malnutrition that I saw in civilians, and their uniforms hang very to rule 5, paragraph 1 of the Standing North Korea is different than famines I’ve loosely on them. That may be the best evi- Rules of the Senate, I hereby give writ- seen in my visits to other countries. This is dence that most of North Korea’s military the only country I can remember where isn’t getting much more to eat than the rest ten notice to suspend rule 28 of the of the people. Standing Rules of the Senate, titles 3 grown children are shorter than their par- ents. The stunting is severe, especially when All of this added up to a nagging sense that and 6 of the Budget Act and all provi- you compare North Koreans to their siblings we simply cannot know what is happening in sions of the budget resolutions for con- and cousins in South Korea. And North North Korea. Aid workers speak in hushed sideration of the conference report to Korea is the only place I’ve seen where par- tones when talk turns to what is happening accompany H.R. 3610, the DOD appro- ents and grandparents are giving their ra- in the mountains that make up 80 percent of priations bill. tions to their children in a desperate effort North Korea. They can barely help the 1.5 to protect them. million children and flood victims covered f Today in North Korea, people are somehow by the U.N.’s appeal for humanitarian aid; ADDITIONAL STATEMENTS surviving on rations of little more than 600 the remaining 20 million people are on their calories a day—just seven ounces of grain. own. That’s not two bowls of rice, too much to die Two American demographers, Nicholas Eberstadt of the American Enterprise Insti- UNITED STATES’ RELATIONSHIP on, but not enough to live on and function. They are scrambling to supplement that tute and Judith Banister, of the U.S. Census WITH NORTH KOREA starvation diet, but clearly having little suc- Bureau, have done statistical analysis of North Korea’s population—and with your ∑ Mr. SIMON. Mr. President, one of the cess. Nutritional standards say sedentary work- permission, Mr. Chairman, I would like to Members of Congress who has contrib- submit a letter for the record that Mr. uted significantly more than most of ers need about 2,000 calories a day to main- tain their body weight—but people in North Eberstadt is preparing. The gist of their find- us is Congressman TONY HALL. Korea cannot be sedentary. In two weeks, ing is that half a million people are ‘‘miss- His emphasis on helping people in the harvest will be brought in with the aid of ing.’’ That is either (1) a statistical blip; or need has sharpened the conscience of few animals and fewer machines. And if (2) a sign of severe changes in the birth and many policymakers, though it has not there is to be any hope for next year’s har- death rates. We cannot know which is true, sharpened it enough. vest, the back-breaking work of rebuilding but I believe the possibility of something broken irrigation systems, roads, and other that would affect 500,000 people deserves our He has provided leadership in areas concern. that most Members of Congress ignore, infrastructure must be completed. NORTH KOREA’S OWN EFFORTS such as Eritrea. Adults have lost an average of 30 pounds since January, according to Western aid I also want to comment briefly on the ef- Recently he went to North Korea, workers I talked to there. According to our forts that North Korea is making to ease suf- and he testified before the Sub- Ambassador to South Korea, James Laney, a fering in its country. Its rations system now committee on East Asian and Pacific North Korean soldier who defected to South feeds the majority of the population, and by Affairs of the Senate Foreign Relations Korea in mid-August weighed just 92 pounds. all accounts, it is meticulously fair. Ration Committee. And there are many more measures of the cards measure out to three decimal points. A It is a remarkable insight into the extent of the suffering in North Korea in U.N. report issued Sept. 9 notes that some- leadership that is needed in regard to both the intelligence and in the unclassified times there is not enough food to distribute the tense situation in Korea. reports of U.N. agencies, the International the second of two monthly rations, but peo- Red Cross, and charities that have visited ple do seem to share equally in the food Nowhere do we have as many troops North Korea. available. facing each other as we do between For me, two things stand out in all of these The system also appears to be exception- North Korea and South Korea and that measurements: ally efficient. The first U.S. flag ship to visit

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11193 North Korea since the war arrived on long enough to do the long-term work need- try a new strategy; and I hope that North Wednesday, Aug. 21—and the rice and corn- ed. Governments—including the U.S. Govern- Korea’s new openness is the silver lining in meal it carried already was being distributed ment—need to do more. But it will be the the black cloud of the terrible suffering the when I visited two rural provinces on Thurs- work of private citizens, and the organiza- North Korean people are enduring. day, Aug. 22. tions they support, that will make or break Again, thank you for holding this hearing, Other North Korean efforts are more trou- North Korea’s recovery. This is my strong and for inviting me to testify.∑ bling, however. According to Monday’s re- conviction, and I raised it with both North f port, some 30 to 90 percent of the nation’s and South Korean leaders. TRIBUTE TO AL SMITH livestock have been turned over to individ- CONCLUSION uals for tending or slaughtering; and local Despite the seemingly endless stream of ∑ Mr. MCCONNELL. Mr. President, I provinces have gotten a green-light to barter bad news about North Korea, I remain hope- rise today to recognize an icon of Ken- their timber and other resources for food ful. My talks with North Korea’s leaders tucky journalism. For over 20 years, Al (primarily with China)—increasing deforest- were productive, and I am convinced that Smith has been part of what he calls ation and reducing the fuel available this good-faith efforts by the U.S. and other na- winter. ‘‘front-porch, cracker-barrel kind of tions will produce more good-faith efforts by discussion’’ on Kentucky radio. But THE JULY 1996 FLOOD North Korea. It is not a quick process, but it So far, North Korea’s suffering is largely is one whose pace is increasing, and it is our part of that career, and part of a Ken- caused by the 1995 disaster—a massive, 100- best hope for lending momentum to the pro- tucky tradition, has ended with his an- year flood that bore striking similarities to gressive factions inside North Korea. nouncement of retirement. our own Midwest flood of just three years I am hopeful for one other reason: a Albert P. Smith, Jr., was born in ago. People already bombarded with admoni- UNICEF project that represents an historic Sarasota, FL, but has lived in Ken- tions to ‘‘work harder, eat less’’ have high joint effort by North and South Korea. Like tucky since 1958. When Al was 15, he hopes that the 1996 harvest will be good. all UNICEF projects, the Oral Rehydration entered the American Legion’s high It won’t be. Salts plant will be a Godsend to children. school oratorical contest. Living with United Nations experts who travelled to The packets of gluocse and salt that this the region I saw just after I left reported this plant will manufacture are used around the his parents and grandparents in Hen- week that much of the country’s bread- world as a circuit-breaker in the spiral of dersonville, TN, he received coaching basket region—which produces 60 percent of disease and death. If you care about suffering for the contest from his grandmother its grain, and which I visited last month— children, and had just three wishes, Oral Re- and won the top national prize, a $4,000 was under water for five days in July. Rain- hydration Salts would be one of those wish- college scholarship. He then traveled to fall was 3–5 times normal, overwhelming irri- es. New England, the Midwest and the gation canals and bursting dams. To put the North Korea was self-sufficient in pro- South giving the speech in cities torrential rains into some perspective, it was ducing this life-saving product—until the twice what North Carolina and Virginia en- flood swept away its building and equipment throughout the region. It was on this dured in Hurricane Fran’s aftermath—and it in 1995. It has since donated a building for trip that Al sharpened his speaking lasted five times longer. And the rains came the plant to UNICEF and brought it up to skills. at a crucial time in crop development— World Health Organization standards—but In the mid 1960’s, Al bought a 10 per- stunting the growth of corn, and robbing rice UNICEF still lacked the money needed to cent interest in the Russellville News- stalks of their nutritional kernels. equip the plant. Democrat and Leader. That interest Along just one 500-mile irrigation network, Until this week. eventually grew to his ownership of six there were 369 breaks. A report issued by the When I met South Korea’s Foreign Min- weekly newspapers. In 1974, while Al International Red Cross, UNICEF, and sev- ister, Gong Ro Myung en route home, I eral U.N. agencies puts the likely crop losses raised this urgent need with him. At the was editor of the News-Democrat, he in the half-million acres irrigated by this time, my hopes that South Korea would help became a household name as host of system at $300 million. And broken sea dykes were pretty low. But despite the loss of seats the radio program, ‘‘Comment on Ken- added to this misery, washing salt water in Parliament that ensued after South Ko- tucky.’’ Once a week, he would drive over land and poisoning it for this year and rea’s donation of humanitarian aid ended in 180 miles to host the show. The man probably several more. insults by North Korea; and despite public who hired Al to do that job, O. Leonard INTERNATIONAL AID outrage recently reinvigorated by violent Press, told the Lexington Herald-Lead- The international community is lending a clashes between students and police, Min- er, ‘‘I can’t imagine the Kentucky hand—but only barely. China, Japan and the ister Gong carried my request to President Kim Young Sam. And despite President landscape without Al.’’ U.S. each have donated some $6 million to Al is still host and producer of ‘‘Com- the current appeal. South Korea has given $3 Kim’s difficult position as the country’s first democratically elected leader—he pledged ment on Kentucky,’’ Kentucky Edu- million, and promises far more if North cational Television’s longest-running Korea agrees to peace talks that President the money needed to finish this project. His is an example that should inspire polit- Clinton and President Kim proposed in April. show. But last month, Al retired from With the notable exception of Sweden, ical leaders here, and in other capitals. I his job as host of ‘‘PrimeLine with Al though, the response of most European na- hope it will mark a determination by char- Smith’’ which is broadcast statewide tions has been nothing less than a ‘‘let ’em ities and private individuals to overcome the via radio. He never planned to retire starve’’ pittance that shames the reputation challenges of helping people in North Koreaa as well. from the show; but recent health prob- of European people. I spoke with the director lems have necessitated a change in his MISSING SERVICEMEN of U.S. AID, Brian Atwood, about this—and busy lifestyle. His regular listeners will Finally, I cannot close without expressing he plans to raise the matter with his Euro- miss him greatly. pean Community counterpart in October. my serious concern about the persistent In all, just over half of the United Nations’ trickle of rumors that missing American But perhaps Al’s biggest fan is his current emergency appeal has been filled. It servicemen have been sighted in North wife of 29 years, Martha Helen. In an last until March 1997, but the food-for-work Korea. I personally raised questions about a interview with the Lexington Herald- projects to rebuild irrigation systems and pilot shot down during the Korean War, and Leader, Martha Helen said of Al, ‘‘I other infrastructure must begin immediately conveyed the resolve of Americans to help still believe Al is the most interesting after the harvest in order to stave off an- the families of missing servicemen learn the person I ever met.’’ other disaster in 1997. answers to their question. Mr. President, I would like to pay NGOs are doing their best to respond, but I know that this Committee’s Chairman, tribute to Al Smith for his dedication they are hampered by restrictions on South along with Senators John Kerry, Nancy Korean individuals—many who have family Kassebaum, Hank Brown, and Chuck Robb to Kentucky journalism and I wish him ties to the North—and by North Korea’s pet- have devoted considerable attention to these great happiness in his retirement.∑ ulant insistence that NGOs bring food, and questions, as has Senator John McCain. Sev- f not just people. Without eyewitness ac- eral of my House colleagues also have counts, without reporting by independent worked hard on these issues—especially Con- RECENT EVENTS IN INDONESIA journalists, NGOs simply cannot raise the gressmen Bill Richardson, Pete Peterson and ∑ Mr. LEAHY. Mr. President, like money they need to fund their operations. Lane Evans. I am convinced that this per- many Senators I have been concerned U.S. organizations like World Vision and sistent attention, and the ability of Ameri- about human rights in Indonesia and Mercy Corps are doing their best to help, and cans in military service today to work on East Timor for many years. I was the U.S. government should lend its weight the ground in North Korea, offer the best to their efforts. hope possible. therefore pleased when the Clinton ad- In every disaster, NGOs are the first to re- Four decades of isolation have not pro- ministration indicated on July 25 that spond—the people who work with the most duced answers about servicemen missing it had added armored personnel car- vulnerable groups, and who stick around since the Korean War. I believe it is time to riers to the list of military equipment

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11194 CONGRESSIONAL RECORD — SENATE September 24, 1996 it will not sell to Indonesia until there military persists on that island, and struck by the knowledge that 5 years pre- is significant improvement in respect the anniversary of the massacre at viously this group would have risked the for human rights. The administration’s Santa Cruz presents an opportunity for sudden intrusion of armed officials, as the policy already prohibited the sale of the United States to urge the Indo- priests systematically contradicted every- thing the Indonesian government officials in small arms and crowd control equip- nesian Government to withdraw its Jakarta and Dili had said . . . ment. troops from East Timor. Two days after the United States re- To that end, I urge the administra- Mr. President, we owe Senator PELL affirmed and expanded its policy, an tion to actively support the efforts of our gratitude for his defense of human Indonesian paramilitary group stormed Bishop Carlos Ximenes Belo to promote rights in East Timor. I want to again and destroyed the headquarters of the dialog and bring peace to East Timor, urge the administration to use its in- Indonesian Democratic Party to eject and to support the United Nations fluence with the Suharto government supporters of the leading opposition talks on East Timor’s future. to permit the supporters of democracy leader, Megawati Sukarnoputri. Party Mr. President, the senior Senator to associate and speak freely, and to stop the violations of human rights.∑ members had occupied the building to from Rhode Island, Senator PELL, who protest the forced replacement of Ms. has been a long-standing champion of f Megawati as party chair in June. The human rights in East Timor, visited breakup of the protest sparked days of that island in May and issued a report BUDGET SCOREKEEPING REPORT rioting in which at least 5 people were of his trip. In that report, he describes ∑ Mr. DOMENICI. Mr. President, I killed, 149 were injured, and dozens dis- a meeting with clergy in East Timor, hereby submit to the Senate the budg- appeared. who told him about some of the abuses et scorekeeping report prepared by the In the months after the riot, the they had witnessed. I ask that these Congressional Budget Office under sec- Suharto government has cracked down excerpts from his report be printed in tion 308(b) and in aid of section 311 of on opposition groups, arresting more the RECORD. the Congressional Budget Act of 1974, than 200 members of labor, human The excerpts follow: as amended. This report meets the re- rights, and political organizations. EXCERPTS OF TRIP REPORT OF SENATOR CLAI- quirements for Senate scorekeeping of Some individuals have reportedly been BORNE PELL ON HIS VISIT TO INDONESIA AND section 5 of Senate Concurrent Resolu- tortured in detention. EAST TIMOR IN MAY–JUNE 1996 tion 32, the first concurrent resolution Under pressure from Congress, the I had hoped to meet with the Bishop of on the budget for 1986. administration agreed to delay the sale East Timor, Msgr. Carlos Filipe Ximenes This report shows the effects of con- of F–16 fighter jets to Indonesia in re- Belo. Bishop Belo is widely admired for his gressional action on the budget sponse to the crackdown. In a letter I forthright objections to Indonesian human through September 20, 1996. The esti- rights abuses and is a vital leader of his peo- wrote urging the administration not to mates of budget authority, outlays, proceed with this sale, I noted that ple. Regrettably, he was away from East Timor during my visit, though we were able and revenues, which are consistent providing military equipment to a gov- to talk by phone. with the technical and economic as- ernment that engages in a pattern of I was able to meet with eleven priests from sumptions of the 1997 concurrent reso- human rights violations is contrary to a variety of East Timorese parishes in what lution on the budget, House Concurrent section 502(B) of the Foreign Assist- was by far the most fruitful and dramatic Resolution 178, show that current level ance Act of 1961, and that the Indo- meeting of my trip . . . these priests gradu- spending is below the budget resolution nesian Government clearly fits this de- ally and fearlessly opened up to me and told me what they had seen and heard in their by $425.7 billion in budget authority scription. I urged the administration and by $248.9 billion in outlays. Current not to proceed with the sale until the parishes over the last 20 years. They spoke of military harassment of the level is $17.8 billion above the revenue Indonesian Government ‘‘provides a Church that varies from obstructing their floor in 1997 and $99.4 billion above the full accounting of the individuals who ability to meet with their parishioners to revenue floor over the 5 years 1997–2001. have been detained and the charges trying to create mistrust among the people The current estimate of the deficit for against them, assurances that they are of the Church . . . purposes of calculating the maximum not being subjected to mistreatment None of the priests had been present at the deficit amount is ¥$39.2 billion, $266.5 1991 massacre but one told us, with great and that they have access to lawyers billion below the maximum deficit and their families, and that people de- emotion, of his experiences, that day and in the months afterwards. His home is near the amount for 1997 of $227.3 billion. tained for their political views have Santa Cruz cemetery where the massacre oc- Since my last report, dated Sep- been released.’’ curred. He had heard the shots that morning, tember 4, 1996, Congress has cleared I was therefore disturbed to learn but thought at first they were the rumblings and the President has signed the fol- weeks later that administration offi- of a storm. When he went out later, he heard lowing appropriation bills: Military cials, having delayed the sale of F–16’s from people what had happened and he went construction (Public Law 104–196), Dis- on account of the human rights situa- to the cemetery and tried to give last rites trict of Columbia (Public Law 104–194), tion, were saying publicly that the sale to those who were dying or were dead. The military would not let him approach and and legislative branch (Public Law 104– would proceed ‘‘as early as January.’’ 197). In addition, the Congress has This undercut an opportunity to send a tried to make him leave. He stayed anyway and soon saw three large military trucks ap- cleared and the President has signed strong signal to a regime that has proach and be loaded with corpses. Then he the National Defense Authorization quashed political dissent consistently saw other trucks come that were filled with Act for fiscal year 1997 (Public Law 104– and whose actions since July reveal a water and he watched them spray the blood 201). The Congress has cleared for the disregard for the principals of democ- off the ground where the killings had taken President’s signature the following ap- racy that the United States seeks to place. propriation bills: Energy and water promote around the world. The admin- The wounded were all taken to military hospitals, he said. He then proceeded, with- (H.R. 3816) and transportation (H.R. istration should make clear, both pri- 3675). These action changed the current vately and publicly, that this sale will out prompting, to confirm the stories I had read and been told earlier, that no one was level of budget authority and outlays. not proceed until the Indonesian Gov- allowed to visit these wounded in the hos- The report follows: ernment complies with international pitals, not even the priests. Again he was un- U.S. CONGRESS, human rights standards. able to give last rites to the dying. He esti- CONGRESSIONAL BUDGET OFFICE, Indeed, I urge the administration to mated that in the month following the mas- Washington, DC, September 24, 1996. condemn all human rights violations in sacre as many people died in the hospitals, Hon. PETE V. DOMENICI, Indonesia. Abuses continue to occur either from poor treatment or from torture, Chairman, Committee on the Budget, throughout the country and in East as had been killed in the cemetery. He told U.S. Senate, Washington, DC. Timor. On November 12, East Timorese of hearing eyewitness accounts of mass DEAR MR. CHAIRMAN: The attached report will honor the victims of the 1991 mas- graves holding as many as 100 corpses in one for fiscal year 1997 shows the effects of Con- pit. He said the month following the mas- gressional action on the 1997 budget and is sacre of more than 200 people by Indo- sacre came to be known as ‘‘The Second Mas- current through September 20, 1996. The esti- nesian troops at Santa Cruz cemetery sacre.’’ . . . Emotions around the room con- mates of budget authority, outlays, and rev- in Dili, East Timor. A long-standing tinued to rise, both for those telling the sto- enues are consistent with the technical and pattern of violations by the Indonesian ries and those of us listening to them. I was economic assumptions of the 1997 Concurrent

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11195 Resolution on the Budget (H.Con.Res. 178). THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. Korea to meet informally in the United This report is submitted under Section 308(b) SENATE, 104TH CONGRESS, 2D SESSION; SENATE SUP- States with each other and with others and in aid of Section 311 of the Congressional in our country.∑ Budget Act, as amended. PORTING DETAIL FOR FISCAL YEAR 1997, AS OF CLOSE Since my last report, dated September 3, OF BUSINESS SEPT. 20, 1996—Continued 1996, the Congress has cleared and the Presi- [In millions of dollars] f dent has signed the following appropriation bills: Military Construction (P.L. 104–196), Budget Outlays Revenues THE TERUYAS District of Columbia (P.L. 104–194), and Leg- authority ∑ islative Branch (P.L. 104–197). In addition, PASSED PENDING SIGNATURE Mr. INOUYE. Mr. President, I wish to the Congress has cleared for the President’s National Defense Authorization Act share with my colleagues in the Sen- signature the National Defense Authoriza- for FY 1997 (H.R. 3230) ...... ¥103 ¥103 ...... ate, a very special story about an im- tion Act for FY 1997 (H.R. 3230) and the fol- Transportation Appropriations (H.R. migrant family. This article was writ- lowing appropriation bills: Energy and Water 3675) ...... 12,599 12,270 ...... Energy and Water Development ten by Mr. Don Chapman, and appeared (H.R. 3816) and Transportation (H.R. 3675). Appropriations (H.R. 3816) ...... 19,973 13,090 ...... These actions changed the current level of in the Wednesday, September 4, 1996, budget authority and outlays. Total passed pending sig- issue of the Midweek. nature ...... 32,469 25,257 ...... Sincerely, This story is of three young men, JUNE E. O’NEILL, ENTITLEMENTS AND MANDATORIES whose parents traveled 4,800 miles to Director. Budget resolution baseline esti- begin a new life in the Hawaiian Is- mates of appropriated entitle- lands. The name of the sons were, Al- THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- ments and other mandatory programs not yet enacted ...... 150,245 146,161 ...... bert, Herman and Wallace. The Teruya CAL YEAR 1997, 104TH CONGRESS, 2D SESSION, AS brothers were extraordinary young OF CLOSE OF BUSINESS SEPT. 20, 1996 Total current level 1 ...... 889,251 1,062,395 1,101,569 Total budget resolution ...... 1,314,935 1,311,321 1,083,728 men. Like most immigrants, they [In billions of dollars] Amount remaining: worked long hours with low wages, but Under budget resolution ...... 425,684 248,926 ...... Budget res- Current Over budget resolution ...... 17,841 they had great faith in our country. olution H. Current level over/ With their meager earnings, they first Con. Res. level under reso- 1 In accordance with the Budget Enforcement Act, the total does not in- 178 lution clude $68 million in outlays for funding of emergencies that have been des- opened a small restaurant, Times Grill ignated as such by the President and Congress.• at 635 Kapiolani Boulevard, offering 24- ON-BUDGET f hour service. I have had the privilege of Budget Authority ...... 1,314.9 889.3 ¥425.7 Outlays ...... 1,311.3 1,062.4 ¥248.9 NORTH AND SOUTH KOREA knowing these brothers for over 50 Revenues: 1997 ...... 1,083.7 1,101.6 17.8 ∑ Mr. SIMON. Mr. President, I hope years. 1997–2001 ...... 5,913.3 6,012.7 99.4 that in the process of being absorbed in After the attack on Pearl Harbor, Deficit ...... 227.3 ¥39.2 ¥266.5 Debt Subject to Limit ...... 5,432.7 5,041.5 ¥391.2 the crises around the world, we do not Herman and Wallace volunteered to OFF-BUDGET forget the North Korean situation. serve in the U.S. Army. They served Social Security Outlays: It is the one place on the face of the with the most decorated infantry regi- 1997 ...... 310.4 310.4 0.0 1997–2001 ...... 2,061.3 2,061.3 0.0 Earth where more troops are facing ment of World War II—the 442d Regi- Social Security Revenues: each other than any other, and it is a mental Combat Team. Sgt. Herman 1997 ...... 385.0 384.7 ¥0.3 1997–2001 ...... 2,121.0 2,120.6 ¥0.4 place where there is virtually no com- Teruya, while charging up an Italian munication between the two Govern- hill occupied by crack German soldiers Note: Current level numbers are the estimated revenue and direct spend- ing effects of all legislation that Congress has enacted or sent to the Presi- ments, North Korea and South Korea. made the supreme sacrifice. His valor dent for his approval. In addition, full-year funding estimates under current Let me add that I appreciate the re- is legendary in our regiment. After the law are included entitlement and mandatory programs requiring annual ap- propriations even if the appropriations have not been made. The current sponsible role that my colleague, Sen- war, Wallace returned to Honolulu to level of debt subject to limit reflects the latest U.S. Treasury information on ator FRANK MURKOWSKI, took on the re- resume his activities that began before public debt transactions. cent amendment offered by Senator the war. LIEBERMAN. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. Together, the remaining brothers de- It is easy to do things that are pop- SENATE, 104TH CONGRESS, 2D SESSION; SENATE SUP- cided to take the big step and estab- ular, and FRANK MURKOWSKI won no lished a supermarket; it was called PORTING DETAIL FOR FISCAL YEAR 1997, AS OF CLOSE votes in Alaska with his stand. But he OF BUSINESS SEPT. 20, 1996 Times Supermarket. Today, 47 years did the responsible and right thing for later, Times Supermarket is the larg- [In millions of dollars] the people of Alaska and this Nation est supermarket chain in the State of and of the world, and I applaud him for Budget Outlays Revenues Hawaii. It is a household name. authority it. It is no accident that he has been to We must keep in mind that we are all ENACTED IN PREVIOUS SESSIONS North Korea and has greater under- descendants of immigrants. This is the Revenues ...... 1,100,355 standing of that situation than many success story of the Teruya family, Permanents and other spending Members of the Senate. where the values of hard work and sac- legislation ...... 843,212 804,226 ...... Not too long ago, Ambassador James Appropriation legislation ...... 238,523 ...... rifice have enabled them to live the Offsetting receipts ...... ¥199,772 ¥199,772 ...... Laney, the U.S. Ambassador to South American dream. Total previously enacted ... 643,440 842,997 1,100,355 Korea, made a speech in which he said that the leaders of North Korea ‘‘are Mr. President, I ask that this special ENACTED THIS SESSION driven not by arrogance, but by insecu- story of the Teruya brothers be printed Appropriations bills: in the RECORD. Agriculture (P.L. 104–180) ... 52,345 44,922 ...... rity.’’ I tend to believe that is accu- District of Columbia (P.L. rate. And we have to fashion a face- The article follows: 104–194) ...... 719 719 ...... Legislative Branch (P.L. 104– saving way of maneuvering them to be- THE TERUYAS 197) ...... 2,166 1,917 ...... come more responsible members of the Military Construction (P.L. (By Don Chapman) 104–196) ...... 9,982 3,140 ...... world community. This is why people have always come to Authorization bills: Ambassador Laney also said in com- Taxpayer Bill of Rights 2 America, and why a teeming mass still (P.L. 104–168) ...... ¥15 menting on the situation: ‘‘For our strains to reach our shores. This is the Federal Oil & Gas Royalty part we do not need to act strong be- American Dream, equal parts sweat and sac- Simplification and Fair- ness Act of 1996 (P.L. cause we are strong.’’ rifice, and if you’re lucky a place in the sun 104–185) ...... ¥2 ¥2 ...... I believe in the soundness in what he and chickenskin on the Fourth of July. Small Business Job Protec- tion Act of 1996 (P.L. has said. It’s about immigrant kids starting out 104–188) ...... ¥76 ¥76 579 I urge members of the State Depart- dirt-poor on a plantation, taking a chance in An Act To Authorize Voluntary ment and of the administration not to the big city, working long and hard, living Separation Incentives at frugally and saving, serving their country in A.I.D. (P.L. 104–191) ...... ¥1 ¥1 ...... put the North Korea matter on the Health Insurance Portability back burner, but to continue to focus war even as their peers are rounded up into and Accountability Act of concentration camps, losing a brother in 1996 (P.L. 104–191) ...... 305 315 590 on it, and try to bring about greater that war and then making his dream come Personal Responsibility and communication. If the four-power talks Work Opportunity Rec- alive. onciliation Act of 1996 that have been suggested do not be- It is timeless Americana. And it is the true ¥ ¥ (P.L. 104–193) ...... 2,341 2,934 60 come reality, then at the very least, we story of the Teruyas of Times Supermarkets, Total enacted this session 63,097 48,000 1,214 ought to be inviting parliamentarians which today operates 13 stores on Oahu and from both North Korea and South employs nearly 1,000 people.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11196 CONGRESSIONAL RECORD — SENATE September 24, 1996 ‘‘It’s hard to imagine taking that risk, many of our customers go [to discount mar- He recalls that when his father took his leaving your home to go to a foreign country kets] for their big bulk buys. If they’re hav- wife, Ethel, and their four children on vaca- to look for opportunities,’’ says Wayne ing a big party, they may decide to go there. tion to the Mainland, part of the itinerary Teruya, who 2 years ago took over the com- So our effort is still to give good customer was always checking out supermarkets. pany that his father and uncle founded in service and give them good reasons to come ‘‘My father would drive and no matter 1949. ‘‘But that’s what my grandparents did. into our store.’’ where we were going, if we passed a market, They came from Okinawa to work on the One innovation that sets Times apart is its he’d pull into the parking lot. Sometimes we plantations.’’ pharmacies. ‘‘We have the opportunity in the all went in, sometimes we stayed in the car, The Teruyas have been trying bold, new supermarket industry in the state of Hawaii and he’d go in to see if he could get any new things ever since. The first Times, for in- to be the front-runners,’’ Teruya says. ‘‘All ideas. He’s still curious to see what things stance, was the first retail store in Hawaii to but two of our 13 stores have pharmacies. are working.’’ offer air-conditioning (1949). The Liliha store Safeway only has three. Star has two. Wayne, 49, was 2 when the first Times ‘‘Pharmacy is one of the departments that was the first to be integrated into a condo- opened. He has no recollection of that big makes us different among the supermarkets, minium complex (1975). The Waialae store day in family history, but has plenty of was the first to use a bar-code scanner at the and one where we’re not really challenged. other memories of growing up around gro- checkout counter (1979). Today, Times is the Longs, a regular drug store, is our major ceries: leader in supermarket pharmacies. competition. With Payless out of the market The Times story really begins with Albert now, as far as chain pharmacies in Hawaii, ‘‘I remember running around in our Teruya, Wayne’s uncle. Seeing no oppor- it’s Longs and Times Supermarkets.’’ McCully store as a little kid, going upstairs, tunity to improve his bleak life on the Teruya adds that with the Baby Boomer visiting the offices. The store was closed on Wailea plantation, he left Maui in 1929 at the generation turning 50—as he will next year— Sundays, but a lot of times my father would age of 15 and caught a steamer to Honolulu. and becoming senior citizens, a period in go to the store on Sunday and take us along Two years later, his brother Wallace joined human lives that often requires more med- and we’d work, either stocking shelves or him. ical attention and more medicines, Times’ pulling out merchandise.’’ ‘‘They started out working in res- pharmacies are in a position to both take ad- He is the second of four children—older taurants,’’ Wayne says. vantage of that demographic situation and brother Raymond is chairman of the Times The Great Depression was on, and one ben- to help customers: ‘‘If they have diabetes, for board. Wayne’s first real job was a bag boy efit of restaurant work was that it provided example, you can suggest to them food prod- at Times: room and board plus wages. The brothers ucts that will help them in their diet to con- ‘‘I must have been 14–15. I had fun bagging worked 14 hours a day, but the enthusiasm of trol the diabetes. We’re working on programs groceries. Then after a few summers, I youth fueled by a dream of something better where we can give advice on diet needs which trained to be a cashier, which I really en- kept them going. In 1936, they pooled their crosses over to our foods. Drug cost is a joyed—that’s where you get the direct con- savings and bought the lunch counter at a small component of a person’s overall health tact with the customers. We always tried to downtown drug store for $600 and named it care cost, so if we can do a better job in the see who could pull in the biggest loads (ring the T&W Lunchroom. pharmacy, the overall medical cost can come up the most sales). And those were not the Three years later, in partnership with down.’’ automatic scanning days like now. We their cousin, Kame Uehara, with whom Al- Teruya says Times is working on the other punched those big NCR (National Cash Reg- bert had first lived in Honolulu, they opened innovations in the tradition of Albert and ister) machines with rows and rows of keys.’’ Times Grill at 635 Kapiolani Boulevard, of- Wallace, but doesn’t want to tip his hand Was it tougher being the son and nephew of fering 24-hour service. just yet. the bosses? Albert says the name Times, which they As he looks forward, Teruya glances in the took with them to the grocery business, ex- ‘‘I don’t think so,’’ Teruya says. ‘‘The rearview mirror of life. He considers the problem is I was never sure of how good of a presses the company’s progressive attitude: risks taken by his immigrant grandparents ‘‘Keeping up with the times.’’ job I was doing because maybe people didn’t and the hard work of his industrious father want to tell me I was doing something wrong Two other reasons they chose that name 57 and uncle: ‘‘Yes, it does make you feel good years ago: Times was easily pronounced by because of who I was. But hopefully I never to come from people like that. And I feel a did anything wrong.’’ non-English speaking immigrants and it fit responsibility to continue it.’’ easily on a small sign. Sometimes when you look in that rearview He graduated from Mid-Pacific Institute Two years later, Pearl Harbor was at- mirror, some objects appear larger than life. and the University of Hawaii, where he ma- tacked. Wallace and another brother, Her- It must be that way for the Teruyas. jored in accounting. man, put their dreams on hold and enlisted In 1947, Wallace, Albert and Kame sold ‘‘I worked for a CPA firm just for a little in the 442nd. In Italy, Sgt. Herman Teruya Times Grill—to a former employer at the while at the end of my college years and gave the ultimate sacrifice. While charging Kewalo Inn who had just returned from a right after I graduated,’’ he says. ‘‘But then an enemy position, the young infantryman California internment camp—and began me- I had the opportunity to get into the Times was killed. thodically learning the grocery business. accounting department.’’ Wallace returned from the war with Her- Wallace worked in Amfac’s grocery ware- He rose to vice president of sales and exec- man’s dream still alive. house and at Tom, Dick and Harry’s market utive vice president before being named ‘‘My uncle Herman had been interested in on Kapahulu. Albert worked at Sears, where president and CEO two years ago. opening up a grocery store,’’ says Wayne he learned how a big company operates and It was during his UH years that he met his Teruya, son of Wallace. ‘‘My father and about customer service. wife, Sharon. They are the parents of three uncle decided to pursue that route. They On April 29, 1949, with the help of friends sons: Weston, 19, a sophomore at Pomona thought there was more opportunity in the and family who helped stock shelves, they University in California; Wade, a high school grocery business. The restaurant business is opened the first Times Supermarket, the senior and Wyatt, a high school sophomore. long hours, even after-hours, and there’s bars McCully store at 1772 South King Street. So far, Wade is the only third-generation and drinking involved. So they decided to That first store was small by today’s son who has expressed any interest in the try the supermarket business. They got in- standards, but it was modern, well-stocked grocery biz. volved in different aspects of the business, and air-conditioned. And, says Teruya, it ‘‘If they ever get interested, fine,’’ Teruya working for suppliers, working for another featured Albert and Wallace’s basic philoso- says. ‘‘I don’t want to push them into the supermarket, learning all the aspects of the phies that continue to guide the company: business. My father didn’t push us into the grocery business so when they opened their ‘‘High-quality merchandise, competitive business. I worked part-time and after a own business, they had a broad perspective prices, excellent service. And the customer is while I decided it was fun.’’ of all the different departments.’’ always right.’’ He met Sharon, he says, ‘‘at a beach party Selling groceries is far different today ‘‘My father was more customer relations, at Ala Moana. Nowadays, it’s kind of spooky than it was when Albert and Wallace first my uncle was more administration, looking down there at night; I’d never want my kids opened the doors in 1949. at the overall operation,’’ says Wayne doing that. But it was love at first sight—for ‘‘In those days you didn’t have too many Teruya. ‘‘They were a good balance.’’ me, not for her. I had to chase her for a choices, but in today’s marketplace you have They still are, even in their 80’s. too many choices,’’ Teruya says with a ‘‘They’ve never really retired,’’ Teruya while. But we just had our 25th anniver- laugh, then turns serious. ‘‘It’s not only the says. They still come into the office every sary.’’ other supermarkets, but Longs, Walmart, K- day, still visit the stores. You’ll never get His advice for staying together long Mart, as well as the Costcos and convenience the business out of their blood.’’ enough to celebrate a silver anniversary: stores. We know you have your choice of Their tradition of innovation remains a ‘‘Don’t get upset when you have fights. You going anyplace. We know you don’t have to part of the company. have to expect to have disagreements. And come to Times Supermarket to do your shop- ‘‘We always try to do that, we’re always you have to discuss each other’s point of ping. It’s not just that you have to eat so looking for new ways of doing things,’’ says views, so you understand where you’re both you come to our store. We have to deserve Teruya. ‘‘But we’re not afraid to copy a good coming from. And just stick in there because your business. idea, either. If we see something that our you’ll have your ups and downs.’’ ‘‘We’re still struggling with the Costcos competitors are doing and it’s working, then That sounds a lot like his business philos- and Sam’s Clubs. The impact of them is that yeah, we’ll follow.’’ ophy, too.∑

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11197 TRIBUTE TO DIANA LEWIS one leg missing or two legs missing and And then there’s Indonesia. Indonesia is in ∑ Mr. WARNER. Mr, President, I rise know that this has been caused, in the midst of a crude crackdown on political dissent that is the antithesis of values Amer- today to extend my warmest congratu- part, by land mines built in the United States, or financed by the United ica wants to promote. Should Indonesia get lations to Diana Lewis of Charlottes- the F–16s it wants? Certainly not. ville, VA, on her selection as the 1996 States, I am troubled. Although Clinton pledged a values-driven Private Sector Employee of the Year Again and again, we are in a situa- foreign policy, a Presidential Decision Direc- by the General Council of Industries tion where we find American weapons tive he signed last year pushes arms sales for the Blind and the National Indus- used against our troops. That should abroad to ‘‘enhance the ability of the U.S. tries for the Blind. She will be honored teach us something, but it doesn’t defense industrial base, to meet U.S. defense at their Annual Training Conference on seem to. requirements and to maintain long-term military technological superiority at lower October 8, 1996. This is one editorial that every Mem- ber of the Senate and every staff mem- costs.’’ Ms. Lewis was born with congenital That, in the words of William Hartung, a cataracts. She underwent several eye ber should read. I ask that the editorial be printed in senior fellow of the World Policy Institute at operations as a young child, which de- the New School for Social Research, is noth- layed her entry into school. However, the CONGRESSIONAL RECORD. ing but welfare for big arms manufacturers The editorial follows: her desire to succeed did not waiver. and weapons dealers. She attended Romney School for the [From the Chicago Tribune] In order to help American firms get to a Blind in West Virginia but left school SHUT DOWN THE U.S. ARMS BAZAAR bigger share of the world arms market, the U.S. government spent $7.6 billion—in 1995 early to marry, become a homemaker, President Clinton spoke eloquently and probably expressed the view of most citizens alone—in subsidies, grants, guaranteed loans and eventually became the mother of when, accepting the Democratic Party’s and cash payments, and in the use of govern- two sons. nomination in Chicago last month, he ment personnel to promote products and Ten years ago, Ms. Lewis moved to pledged that U.S. foreign policy would be one overseas air shows, Hartung says. the Commonwealth and soon faced the that ‘‘advances the values of our American The argument that these arms sales abroad challenge of finding her first job. As a community in the community of nations.’’ protect jobs at home is no longer necessarily single parent with two young sons, Ms. Here’s a place to start, Mr. President: End true, since many new purchasers now de- Lewis turned to the Virginia Industries the outdated and outrageously dangerous mand, as part of the contract, the right to for the Blind [VIB], a division of the policy of encouraging sales of American produce these expensive weapons on their weapons abroad, particularly to countries in turf. Thus, Hartung says, the biggest produc- Virginia Department for the Visually the developing world, unless there is a com- tion line for the F–16 is no longer in the U.S. Handicapped [VDVH], for employment pelling U.S. security interest to be defended. but in Turkey. and training opportunities. She quick- What American value is represented by the Even more sinister is the concept of ly demonstrated her desire to succeed fact that the U.S. remains the largest ex- ‘‘blowback.’’ by mastering many sewing operations, porter of weapons in a post-Cold War world During the Cold War, a powerful argument becoming an accomplished seamstress. in which there is no monolithic enemy to be for arms sales abroad was to allow the During her employment at the Vir- contained? United States leverage over foreign powers ginia Industries for the Blind, Ms. Although Russia made the news in recent and to give us inside knowledge about an- days by outstripping the U.S. in sales of Lewis earned her general education di- other power’s arsenal—to ‘‘know what we’re arms to Third World governments in 1995, a up against.’’ Today, all bets are off, and what ploma [GED] and continued her edu- careful reading of the report showed that American troops have come up against is the cation to become a certified nursing this was an artifact of one transaction: a $6 finest American weapons wielded by opposi- assistant. She joined Westminster Can- billion sale of fighter jets to China. tion troops—in Panama, in Iran, in Iraq, in terbury of the Blue Ridge in Char- Otherwise, however, Uncle Sam is boss of Haiti, in Somalia and, to a smaller extent, in lottesville a year ago, and is currently the arms bazaar, with contracts for about Bosnia. employed as a certified nursing assist- half of all arms sales worldwide. Year in and America cannot control its weapons once year out, America sells more weapons to the sold. Allies whose national security interests ant in the skilled care unit. As a nurs- Third World than any other country. ing assistant, Ms. Lewis tends to elder- coincide with ours deserve our trust and Certainly these developing lands could put have earned the right to purchase American- ly residents who require constant care. their scarce financial resources to better use, made weapons. Ms. Lewis hopes to one day become a namely to build or improve schools, hos- But weapons sales motivated solely by a physical therapist. pitals, sanitation and transportation sys- market opportunity merely fuel conflict— Ms. Lewis’ drive and dedication to tems. conflict that may require America to step in overcome adversity makes her an ex- Aha, you say! If the U.S. stops selling these later with its diplomatic and military mus- arms abroad, someone else—Russia, France, ample for all of us. I am pleased to join cle. Italy, Germany, Britain, the Czech Republic, There is no profit in that.∑ Ms. Lewis and her family and friends in even—will rush in and snatch up the lucra- wishing her much success in all of her tive contracts. f future endeavors. Ms. Lewis is an out- So what? Of the 50 armed conflicts in this AD-HOC HEARING ON TOBACCO standing representative of the blind decade—mostly vile ethnic, religious or trib- ∑ community in Virginia, and I ask you al rivalries, guerrilla uprisings and petty ter- Mr. LAUTENBERG. Mr. President, to please join me in congratulating her ritorial disputes—45 were fought with weap- on September 11th, I co-chaired with ons stamped ‘‘Made in the USA.’’ as the 1996 Private Sector Employee of Senator KENNEDY an ad-hoc hearing on Should weapons sales be our ambassador of the problem of teen smoking. We were the Year.∑ democracy? Is increasing the efficiency of joined by Senators HARKIN, f armed combatants, without regard to vital U.S. interests, a value we choose to rep- WELLSTONE, BINGAMAN and SIMON. Re- SHUT DOWN THE U.S. ARMS resent America abroad? grettably, we were forced to hold an BAZAAR Even espousing a traditional sense of na- ad-hoc hearing on this pressing public ∑ Mr. SIMON. Mr. President, one of the tional security, the U.S. can dominate the health issue because the Republican finest editorials I have read in recent international arms market, according to leadership refused to hold a regular months appeared in the Chicago Trib- Sarah Walkling, a senior analyst with the hearing, despite our many pleas. Arms Control Association. That’s because une, titled ‘‘Shut Down the U.S. Arms We held this hearing to listen to real NATO, the western military alliance that is people tell us about the addictiveness Bazaar.’’ the backbone of American national security It is contrary to the security of the and includes this nation’s dearest allies, is of nicotine and their support for the interest of the United States that we the largest market for U.S. arms, consuming President Clinton’s FDA proposal to are the No. 1 arms merchant in the 43 percent of American weapons sales abroad cut teen smoking in half. Unlike one of world. Not only are we the No. 1 arms at a cost of $3.9 billion. NATO will continue the other Presidential candidates, we merchant, but we subsidize what ulti- to be the biggest client for American weap- know that nicotine is addictive. And mately can prove harmful to our secu- ons, which is a fine thing for all concerned. we know that the FDA should regulate But now Chile wants U.S. F–16 jet-fighters. it and protect our children. rity. With no international threat to the region, And it is not only a threat to our se- to what purpose would those top-of-the-line We also made it clear that we will re- curity. attack craft be put? Only to act upon terri- ject half hearted compromise legisla- When I visit a place like Angola and torial ambitions and border disputes and to tive proposals which do not protect our see so many children going about with spark a wasteful hemispheric arms race. children from the tobacco companies.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11198 CONGRESSIONAL RECORD — SENATE September 24, 1996 Essentially, we will oppose any com- scientist for Philip Morris for over 10 We will oppose any compromise legislation promise legislation that does protect years. He told us how well informed the that does protect FDA’s ability to safeguard FDA’s ability to safeguard our kids or tobacco industry has been regarding our kids or the public health. Our first pri- the public health. Our first priority in the health effects and addictive quality ority in any settlement should be to save our children from future nicotine addiction. any legislative settlement should be to of tobacco. He said that the major to- President Clinton deserves credit for being save our children from future nicotine bacco companies could have used this the first President in recent history to take addiction. information to develop a safer product, on the tobacco companies. He has an excel- Mr. President, President Clinton de- but they chose not to do so. lent record of protecting our children. serves credit for being the first Presi- We also heard from Morton Downey, On the other side of Pennsylvania avenue, dent in recent history to take on the Jr., the former talk-show host whose however, this Congress’ record on tobacco tobacco companies. He has an excellent symbol was the smoking cigarette and children is shameful. On January 3, 1995, a new Republican ma- record of protecting our children. butt. As he has contracted lung cancer, However, this Congress’ record on to- jority took over Congress. They publicly he now asks forgiveness from the pushed their Contract with America. But pri- bacco and children is shameful. young people he may have influenced vately, they pursued another contract—a On January 3, 1995, a new Republican to smoke. contract of silence with the tobacco compa- majority took over Congress. They Alan Landers, a former Winston nies. publicly pushed their Contract with model, told us of the pain caused by Since the Republicans took over Congress, America. But privately, they pursued two lung operations. He gave riveting 660,488 people have died from smoking and another contract—a contract of silence 1,764,000 children began smoking. testimony on the addictiveness of to- What has been this Congress’ response to with the tobacco companies. bacco. He told us that he was smoking Since the Republicans took over Con- this public health epidemic? Pure silence! the night before he was to have lung In one fell swoop—gone were the House gress, more than 660,000 people have surgery because he could not quit. He hearings where the CEOs swore under oath died from smoking and over 1.7 million now tours high schools warning chil- that nicotine was not addictive. And gone of our children have begun smoking. dren of the dangers of smoking. were the Senate hearings on the dangers of What has been this Congress’ re- Janet Sackman, another former ciga- secondhand smoke and the health care bene- sponse to this public health epidemic? rette model, bravely testified how fits of increasing the tobacco tax. It took President Clinton’s bold FDA pol- Pure silence. when she was 17, she was told by an In one fell swoop—gone were the icy to break the silence. And we are here to agent that if she wanted the look to House hearings where the CEO’s swore make more noise—to stop our children from get ahead in the business, she should under oath that nicotine was not ad- ever becoming hooked. We are here to fight start smoking. She developed cancer of dictive. And gone were the Senate the biggest cause of preventable death in the larynx and now struggles to speak. America—tobacco use. Because like AIDS, hearings on the dangers of secondhand Mr. President, these people are a tes- silence equals death when it comes to to- smoke and the health care benefits of tament to the tragedy of tobacco ad- bacco. increasing the tobacco tax. diction in this country. And they all Today, we will hear from people who know It took President Clinton’s bold FDA firsthand about the dangers of smoking. We have two things in common. They policy to break the silence. And we will hear from a 12 year old child who is ad- need to make more noise—to stop our started smoking before they were 18 dicted to cigarettes and his DARE officer. children from ever becoming hooked. and they all have cancer. These exam- We will hear from a former Philip Morris re- We need to fight the biggest cause of ples demonstrate why the President’s search scientist who will tell us that the to- preventable death in America—tobacco proposal to protect our children is so bacco industry knew full well that nicotine was addictive and manipulated it to hook use. Because like AIDS, silence equals crucial. Mr. President, after I complete my smokers. We will hear form Minnesota At- death when it comes to tobacco. torney General ‘‘Skip’’ Humphrey who is At the hearing, we heard from sev- statement, I am going to ask that the statements of the participating in ad- taking on the tobacco industry in court on eral witnesses who have first-hand behalf of our children. knowledge of the dangers of tobacco hoc hearing be placed in the record. Before we proceed, I wanted to let the par- addiction. We heard from Justin Hoo- Over the next 3 days I will insert the ticipants know that there will not be an offi- ver, a 12-year-old boy from West Des testimony of the witnesses from each cial hearing transcript for this proceeding Moines, IA who told us how he smoked of the three panels. I hope that all of but I will insert all written statements into his first cigarette at the age of 6, and my colleagues, from both chambers and the Congressional record so your stories will become part of the official record of the Sen- was addicted to tobacco when he was 9. both sides of the aisle will read these compelling statements. Regrettably, ate. I hope my colleagues from both sides of He told us how easy it was for him to the aisle and both chambers, will read your obtain cigarettes, often by stealing this will be the only hearing record on testimony and work with us to save our chil- them. He told us how difficult it has tobacco issues this Congress, despite dren. been for him to try and break his ad- the constant revelations in the press diction, despite the best efforts of his about industry documents outlining STATEMENT OF SENATOR EDWARD M. KENNEDY mother, teachers, and his DARE offi- the dangers of smoking. Twenty-nine years ago today, on Sep- cer, Jody Hayes, who accompanied Jus- I only hope that the next Congress’ tember 11, 1967, my brother, Senator Robert tin at the hearing. record on protecting our children is not Kennedy addressed the World Conference on Officer Hayes said that the level of as shameful. Smoking and Health. Representatives of thirty-four nations had gathered in New smoking among teens is the worst that Mr. President, I ask that the state- ments of the Senators attending this York to talk about ways to stop mounting he has seen. He also told us that to- death rates from cigarette smoking. bacco is clearly a gateway drug that ad-hoc hearing be printed in the He spoke to his audience about the dif- can lead to marijuana and cocaine use. RECORD. ficulty of convincing people—young persons, He strongly admonished us that ‘‘we The statements follow: in particular—that smoking can kill them. have to stop drug use where it starts, STATEMENT BY SENATOR FRANK R. He emphasized grim statistics of premature LAUTENBERG and that is with tobacco.’’ death and illness caused by smoking. He said We also heard from Minnesota Attor- First, I would like to thank Senator Ken- that cigarettes would have been banned nedy for co-chairing this hearing with me years ago—were it not for the economic ney General ‘‘Skip’’ Humphrey who and all of the other Senators who are partici- power of the tobacco industry. told us of his concerns of proposed Fed- pating. I would also like to welcome and Limiting cigarette advertising was at the eral legislation to resolve all litigation thank all of the witnesses for being here at top of his list of strategies to discourage and regulation affecting the tobacco today’s ad-hoc hearing on teen smoking. young men and women from beginning to industry. He noted that it is essential We are here to show our support for the smoke. At that time, the industry was spend- that tobacco ‘‘like every other product FDA proposal to cut teen smoking in half. ing $300 million a year to attract new smok- Americans eat, drink or ingest, be Unlike one of the Presidential candidates, we ers. Since then, the amount the industry placed under the on-going jurisdiction know that nicotine is addictive. And we know that the FDA should regulate it and spends on advertising has soared to $6 billion of an appropriate Federal agency, such protect our children. a year. Much of this advertising is targeted as the FDA.’’ Today, we are also here to say that we will at youth, with images that promise popu- We listened to the testimony of Dr. reject half hearted compromise legislative larity and success for those who smoke. Chil- Ian Uydess, who worked as a research proposals that do not protect our children. dren are particularly vulnerable to this sort

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11199 of advertising. The Joe Camel campaign was There is a difference. Milk builds. Tobacco agers start smoking and 1,000 of them will cynically targeted directly at youth. Profits destroys. Chicken soup heals. Tobacco kills. die from tobacco related illness. In New Mex- rolled in, and Camel’s market share among The only message that our children should ico, nearly one-third of the state’s teenagers youth soared from 0.5% to 32.8%. hear about tobacco is the truth. Smoking is smoke. According to the Centers for Disease The industry targets youth because it a killer. Smoking is addictive. Smoking Control and Prevention, New Mexico has a knows that almost all smokers begin before stinks. It’s a deadly habit that will make teenage smoking rate of 32.6 percent—only they reach the age of 18. If you make it to 18 kids less attractive and less fit. That mes- eight other states have higher rates. It is dif- without smoking, it’s very unlikely you’ll sage needs to come through loud and clear so ficult to prevent children from buying ciga- ever smoke. The average smoker begins at children like Justin are never tempted in the rettes when they are readily accessible from 13—and becomes a daily smoker by 14 and a first place. vending machines. If we expect states, local- half. That message needs to start at home. Par- ities, schools, parents, and even the tobacco For over 30 years, using its relentless polit- ents need to let their children know about industry itself to help protect our children ical power, the tobacco industry has man- the dangers of tobacco. But the message from tobacco, then we in the federal govern- aged to avoid needed federal regulation of shouldn’t end in the home. All of us can be ment should lead the effort. their product. it has been said that tobacco partners with families in the fight against It is time for a new course of action. I am is the least regulated of any legal product. tobacco. very pleased that President Clinton is ex- Now, at last, President Clinton has had the We need to make much more difficult for panding the Federal role in fighting teen courage to insist on real steps to reduce children to get their hands on tobacco in the smoking. This initiative to reduce tobacco youth access to tobacco and tobacco adver- first place. use by children recognizes the responsibility tising aimed at youth. His goal is to cut teen Kids shouldn’t be able to walk into a con- that the federal government should take to smoking in half over the next seven years. venience store and purchase cigarettes . . . protect our children from tobacco use. President Clinton’s proposal comes at a or buy them out of a vending machine . . . or Finally, 10 years ago as a senior member of crucial time for America’s youth. Not only even be tempted to steal cigarettes left in the Armed Services Committee, I first intro- has smoking been rising steadily among ado- the open in self-service displays. duced legislation aimed at discouraging to- lescents since 1992, but drug use, especially President Clinton has put forth a respon- bacco use in the military by raising the use of marijuana, is also rising among this sible plan. The President’s plan is the right prices of tobacco products in military com- same group. thing to do. It will help families keep to- missaries to local prevailing prices. Ciga- Clearly, tobacco is a gateway drug. If we bacco out of the hands of their children. And rettes are much cheaper in commissaries and reduce tobacco use, we will reduce other I strongly support it. exchanges than they are in the civilian mar- drug use too. According to a 1994 report by But I believe we can do more to protect ket. In August this year, the Department of the National Center on Addiction and Sub- kids from tobacco and strengthen families. Defense (DoD) ordered the sale of tobacco stance Abuse at Columbia University, chil- That’s why I have introduced common sense products found in commissaries and ex- dren who smoke cigarettes are 12 times more legislation to eliminate the tax deductibility changes to be sold at local prevailing prices. likely to use marijuana and 19 times more of tobacco advertising. Today, American tax- I am pleased to see that the DoD now agrees likely to use cocaine. payers are forced to cough up nearly $2 bil- that we need to stop sending mixed signals Our hearing today is intended to deal with lion a year to subsidize the tobacco industry. to military personnel about the importance these important issues. It speaks volumes That’s not right and we ought to stop it. of healthy lifestyles while at the same time that the Republican Congress is unwilling to Again, I want to welcome Justin Hoover deeply discounting tobacco products in mili- hold a hearing like this. But we hope they and Jody Hayes. Justin is 12 years old and is tary stores. will pay attention to the facts we will hear. from West Des Moines Iowa. He smoked his I commend my colleagues here today for first cigarette when he was 6-years old. keeping this very important issue alive dur- STATEMENT OF SENATOR TOM HARKIN He is going to tell us how and why he ing this Congress and for leading the effort I want to join my colleagues in thanking started smoking, how he has tried to quit, to continue to address the types of laws and all of the witnesses who have given their and how easy it is for him to obtain ciga- policies that will protect our children from time to be with us today, and I want to add rettes. tobacco. a special welcome to our witnesses here from I also want to welcome Officer Jody Hayes STATEMENT OF U.S. REPRESENTATIVE MARTY West Des Moines, Iowa—Justin Hoover and who is a Community Relations Officer for MEEHAN Officer Jody Hayes—who I will be intro- the West Des Moines Police Department. He ducing in just a moment. is a D.A.R.E. (Drug Abuse Resistance Edu- I want to thank Senators Ted Kennedy and All of us are here because we all agree—we cation) officer and works with students from Frank Lautenberg for allowing me to submit need to protect our children from tobacco— pre-school to high school. He is on the front my testimony before this ad hoc committee and we need to do it now. lines in the fight against drug abuse. hearing on tobacco. I appreciate the oppor- For too long, young people have been get- And he has seen first hand how easy it is tunity to participate in this important, if ting an unfiltered message from the tobacco for young children to gain access to tobacco unofficial, event. industry. Smoking is cool. Smoking is harm- and how vulnerable they are to the indus- The new majority, in both the House and less. Smoking will make you look older and try’s message that smoking is cool. Senate chambers, does not believe that the more attractive. Officer Hayes, I want to thank you for not epidemic of youth smoking is an important Today, the tobacco industry pours over $6 only being here today, but for the work you enough issue to merit an official hearing. billion a year into advertising their products do day in and day out to protect our kids and Only through the leadership of Senators and promoting that message. And often they help them stick to the right path. I just Kennedy and Lautenberg is today’s ad hoc are zeroing in on our kids—through maga- can’t understand why some in Congress want hearing possible. I commend them both for zine ads, billboards, sporting events, and, of to cut funds for the D.A.R.E. program and organizing this event. course, the ubiquitous Joe Camel. Nicotine addiction and subsequent tobacco stop people like you from doing the great We know what these tobacco advertising related illnesses are the leading cause of pre- work you do. campaigns are all about. They are delib- ventable death in the United States. Each erately designed to keep people smoking, but year, more than 400,000 smokers prematurely STATEMENT OF SENATOR JEFF BINGAMAN more importantly, to attract a new genera- die due to tobacco related illnesses. The tion to the smoking habit. In fact, according I am pleased to be a part of this Ad-Hoc ranks of smokers, however, are replenished to a study published in the Journal of the hearing on tobacco issues and in particular by our nation’s children. American Medical Association, Joe Camel is the health effects of tobacco use. As many of Tobacco companies have long targeted and just as recognizable to six-year old as Mick- you know, I have been a strong advocate of marketed their wares towards America’s ey Mouse. taking a tough stand on the issue of federal kids. RJ Reynolds’ Joe Camel campaign is But the industry hasn’t stopped with Joe regulation of tobacco products. Since 1989, I only the latest in a string of strategies the Camel. Joe and his competitors have started have been working to require the Food and tobacco industry has employed to entice merchandising ‘‘clubs’’ in which you can Drug Administration (FDA) to regulate the young people. The industry is forced to tar- smoke your way to all sorts of gifts. A 1992 manufacture and sale of tobacco products. I get children because adults, in the face of Gallup survey found that about half of ado- was very proud last year when Congress ap- overwhelming medical and scientific evi- lescents smokers and one quarter of non- proved my legislation banning cigarette dence, are not impressionable enough to smokers owned at least one tobacco industry vending machines in federal buildings on start using a product that, if used as di- promotional item. most federal property, and very pleased ear- rected, will kill them. The motivations of these tobacco compa- lier this year when the General Services Ad- The tobacco industry is committed to nies is clear. They’ll do anything to make a ministration (GSA) ordered the removal of pushing cigarettes and smokeless tobacco buck. But I can’t understand irresponsible the machines. product. In fact, each year the industry statements made by some of our elected offi- For many years, I also have been working spends more than $6 billion on advertising cials regarding tobacco. to ban tobacco vending machines on Federal and marketing in the United States. This Some in Congress have compared tobacco property that are accessible to children. massive advertising is successful for the in- to milk or to chicken soup. What kind of Clearly, something is not working when, dustry. Eighty-six percent of underage smok- message does that send to our kids? every day, more than 3,000 children and teen- ers buy the three most heavily advertised

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11200 CONGRESSIONAL RECORD — SENATE September 24, 1996 brands—Marlboros, Camels and Newports. and the winning team is asked to rep- announcements and are speaking to Moreover, ninety-one percent of six year- resent their state or country at the Od- local organizations and citizen groups olds identify Joe Camel as a symbol of smok- yssey of the Mind World Finals. across the State to raise public aware- ing. Earlier this year, two groups of stu- ness on the lawsuit abuse issue. As a result, 3,000 children a day, convinced through a combination of peer pressure, ad- dents from Bethany, CT, won first While the local groups have thou- vertising and popular culture, start smoking. place in their respective categories at sands of supporters, there are also a 1,000 of these youngsters will ultimately die Connecticut’s Odyssey of the Mind few individuals who should be recog- from tobacco related illnesses. State Finals and traveled to Iowa to nized for their leadership and for dedi- President Clinton has taken a historic represent the State of Connecticut at cating countless volunteer hours. move in directing the Food and Drug Admin- the Odyssey of the Mind World Finals. These individuals are: Tom Harriman istration to enact the first-ever program to Connecticut is very proud of Rosa Al- of Kingwood, founding chairman of protect children from tobacco. The FDA has lison, David Berv, Ian Stebinger, CALA of northern West Virginia; Jim concluded that cigarettes and smokeless to- Amanda Kaletsky, Amanda Sherman Thomas of Charleston and Jack Klim bacco are delivery devices for nicotine, a drug that causes addition and other signifi- and Grace Menzies, who made up a of Huntington, cofounders and spokes- cant pharmacological effects. team that won a gold medal in the Con- persons of CALA of southern West Vir- The FDA’s regulations, which are intended necticut Odyssey of the Mind Competi- ginia; and Ken Lowe of Shepherdstown, to reduce underage tobacco use by fifty per- tion 3 years in a row. I would also like founding chairman of CALA of eastern cent over the next seven years, include long to salute the hard work and dedication West Virginia. overdue restrictions on advertising and mar- of Joshua Gewirtz, Elizabeth Cowan, Citizens Against Lawsuit Abuse keting, along with an industry sponsored to- Matt Voloshin, Jane Ballerini, Peter groups have declared September 22 bacco control campaign. Geloso, Kerrilee Hunter and Paula through September 28, 1996, to be Law- I strongly support President Clinton’s he- roic leadership on this most important issue. Rashkow who also represented Con- suit Abuse Awareness Week in West Unfortunately, the tobacco industry has necticut at the Odyssey of the Mind Virginia. I want to commend all of the many allies here on Capitol Hill who will Finals this year. In addition, I con- individuals who are involved in Citi- most likely launch an effort to derail the gratulate the students’ coaches for a zens Against Lawsuit Abuse for their FDA’s regulations. job well done. dedication and commitment to this im- According to recent reports, the tobacco Clearly, these young students are portant citizen education project. industry, in just the first six months on 1996, fine examples of what can be accom- As someone who has been a leader in has spent more than $15 million lobbying plished when people put aside their dif- the battle of product liability reform, I Congress, the White House and federal agen- ferences and work together toward a continue to hope for the kind of edu- cies. Moreover, campaign donations, both soft and hard, are up dramatically, as the in- common goal. Their creativity, hard cation, dialog, and consensus-building dustry prepares to launch a most expensive work, perseverance and willingness to clearly needed to address problems in offense against federal efforts to control take risks remind us that Yankee inge- our legal process that hurt consumers, youth tobacco use. nuity is still alive in Connecticut. I sa- victims, and the private sector. I en- While the industry may have the financial lute these young people and am con- courage CALA to continue raising wherewithal to spend millions of dollars to fident that we will all be hearing more these issues and promoting solutions influence legislators and advertise their mis- about these exceptional students in the that ensure justice and improve the leading messages, public opinion seems to future. legal system. West Virginia and the have permanently shifted against Big To- bacco. Through internal documents and the f country as a whole need informed, edu- brave testimony of former employees, two of cated, and dedicated citizens to help COMMEMORATION OF LAWSUIT elected officials address serious issues who are here today, decades of duplicity on ABUSE AWARENESS WEEK behalf of the Big Tobacco have been exposed and achieve reforms when necessary.∑ ∑ and etched into the collective consciousness Mr. ROCKEFELLER. Mr. President, f of the American people. today I want to acknowledge a group of Those of us in Congress who support Presi- citizens in West Virginia who are POSTAL SERVICE IN GEORGIA dent Clinton’s actions on tobacco have a re- speaking out on the issue of lawsuit ∑ Mr. COVERDELL. Mr. President, as sponsibility to not only herald these regula- abuse in an effort to serve the public. we complete the appropriations process tions but also hold the line against industry In many areas of West Virginia, local for fiscal year 1997, I would like to take efforts to water them down. Today’s hearing citizens have volunteered their time to should reinforce the idea that the FDA’s reg- this opportunity to make my col- ulations, and jurisdiction, is necessary to start Citizens Against Lawsuit Abuse leagues aware of the unacceptable protect future generations of American chil- groups and to initiate public awareness manner in which the Postal Service dren. Once again, I applaud the leadership of campaigns in their areas about what has operated in a matter involving an Senators Kennedy and Lautenberg on this they see as the problems of lawsuit address change request in my home issue and I look forward to working with abuse. State of Georgia. both of them in the future.∑ The CALA groups focus on education. Mr. President, for 25 years, residents f These citizens are speaking out about of an area informally known as an issue that has statewide and na- SALUTE TO ‘‘ODYSSEY OF THE Centerville, GA, located in Gwinnett tional implications. The costs of law- MIND’’ PARTICIPANTS FROM County, have been trying to work with suits can include higher costs for con- BETHANY, CONNECTICUT the Postal Service for a facility that is sumer products, higher medical ex- closer to their homes, and an address Mr. DODD. Mr. President, I rise penses, higher taxes, and fewer jobs due that reflects the location in which they today to pay tribute to a group of re- to lost business expansion and forgone live. Although these Georgians reside markable young people from my home product development. in Gwinnett County, their address is State of Connecticut. For the past 4 Citizens Against Lawsuit Abuse has a dictated by the Postal Service is years, students from Bethany, a small, straightforward goal. They want to Lithonia, GA—a town that is approxi- rural community in Connecticut, have help the public prevent unnecessary mately 15 miles away, and is located in participated in an international prob- lawsuits that do more harm than good. a different county. lem-solving competition called Odys- West Virginians are not the type of Not only are those citizens having sey of the Mind. This competition gives people to walk away from a problem. problems with their mail delivery, such children in grades kindergarten When we see something that’s clearly as stolen and misdelivered mail, their through 12 the opportunity to develop wrong, we work to make people aware address designations has created great their problem-solving and team-build- of it, and we try to make it right. confusion in dealing with everyday ing skills by challenging students to CALA members believe that they have household issues such as emergency develop unique ways to solve one of the opportunity to reform our laws so service, insurance, property taxes, five long-term problems. A team that the legal system is more fair, sales taxes and parcel delivery. Even spends countless hours together to de- more effective, and more sensible to small matters, such as ordering a take- velop and perfect a unique solution to serve everyone’s interests. out pizza, often result in unnecessary the problem set before them. Their ef- These nonprofit groups have raised confusion and inconvenience when giv- forts are judged in a state competition local funds to run educational media ing addresses. In addition, a round trip

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11201 to the post office to pick up certified Mr. President, it is my opinion that Reagan, and Bush have endorsed Operation mail or parcels is more than a 30 this type of behavior is completely in- Sail in previous endeavors; minute round trip for these people— appropriate for the employees of an Whereas OpSail 2000 promises to be the metro-Atlanta traffic notwithstanding. agency of the U.S. Government. The largest gathering in history of tall ships and Instead of recognizing the problems other majestic vessels like those that have Postal Service had every opportunity sailed the ocean for centuries; that the Postal Service’s address des- to make its argument in a public Whereas in conjunction with OpSail 2000, ignation was causing for these resi- forum, and chose not to do so. the United States Navy will conduct an dents and trying to work out a mutu- This is the second entanglement I International Naval Review; and ally agreeable solution, the Postal have had with the Postal Service where Whereas the International Naval Review Service has treated the requests of I have found their behavior to be an will include a naval aircraft carrier as a these residents in a manner unbecom- abomination to the citizens of our symbol of the international good will of the ing of an agency of the United States, country. If the Postal Service con- United States of America; Now, therefore, be and has acted in complete disregard for it tinues to operate in such a manner, we Resolved by the Senate and House of Rep- principle. In the name of efficient de- must consider the need for further con- livery of mail, the Postal Service has resentatives of the United States of America in gressional oversight.∑ Congress assembled, That— steadfastly refused the repeated re- f (1) Operation Sail is commended for its ad- quests of these residents to move their vancement of brotherhood among nations, routes to a facility in Snellvile, GA, COMMENDING OPERATION SAIL its continuing commemoration of the his- which is located less than 3 miles from Mr. FRIST. Mr. President, I ask tory of the United States, and its nurturing their homes. Postal Service representa- unanimous consent that the Senate of young cadets through training in seaman- tives have even gone as far as to attack proceed to the immediate consider- ship; the motives of the residents requesting ation of Senate Joint Resolution 64, a (2) all Americans and citizens of nations this change. around the world are encouraged to join in joint resolution to commend Operation the celebration of the 224th birthday of the Mr. President, to give you an idea of Sail, introduced earlier today by Sen- the overwhelming community commit- United States of America and the inter- ators DODD, D’AMATO, and others. national camaraderie that Operation Sail ment to a change of address, approxi- The PRESIDING OFFICER. The and the International Naval Review will fos- mately 5,000 Gwinnett County resi- clerk will report. ter; and dents have been assigned a Lithonia The assistant legislative clerk read (3) Operation Sail is encouraged to con- address by the Postal Service, and my as follows: tinue into the next millennium to represent and promote the United States of America in office received a petition from 4,024 of A joint resolution (S.J. Res. 64) to com- the international tall ship community, and these residents requesting an address mend Operation Sail for its advancement of to continue organizing and participating in change. brotherhood among nations, its continuing tall ship events across the United States and When this matter first came to my commemoration of the history of the United around the world. attention, our office in conjunction States, and its nurturing of young cadets with Congressman JOHN LINDER made through training in seamanship. f several inquiries to the Postal Service, The PRESIDING OFFICER. Is there EXPRESSING THE SENSE OF THE and at each point received conflicting objection to the immediate consider- SENATE CONCERNING AFGHANI- responses. As we delved further into ation of the joint resolution? STAN the matter, we learned that the Postal There being no objection, the Senate Mr. FRIST. Mr. President, I ask Service had not been completely open proceeded to consider the joint resolu- unanimous consent that the Senate and honest in its responses. tion. Postal representatives have also re- Mr. FRIST. Mr. President, I ask proceed to the immediate consider- fused to honor an offer to set up tem- unanimous consent that the joint reso- ation of calendar item 515, Senate Res- porary postal facilities if a location lution be deemed read three times; olution 275. could be found rent-free for 2 years. passed; the motion to reconsider be The PRESIDING OFFICER. The There appears to be some confusion laid on the table; further, that any clerk will report. among postal representatives on the statements relating thereto appear at The assistant legislative clerk read as follows: exact details of the offer. this point in the RECORD, as if read. We understand and appreciate the The PRESIDING OFFICER. Without A resolution (S. Res. 275) to express the Postal Service’s mission of timely and objection, it is so ordered. sense of the Senate concerning Afghanistan. efficient delivery of our mail, but this The preamble is agreed to. The PRESIDING OFFICER. Is there does not override the fact that the The joint resolution (S.J. Res. 64) objection to the immediate consider- Postal Service is an agency of the U.S. was agreed to. ation of the resolution? Government and is subject to abide by The preamble was agreed to. There being no objection, the Senate the principles of government by the The joint resolution, with its pre- proceeded to consider the resolution people and for the people as is outlined amble, reads as follows: which had been reported from the Com- in our Constitution. S.J. RES. 64 mittee on Foreign Relations with an After almost a year of negotiations, Whereas Operation Sail is a nonprofit cor- amendment, as follows: the Postal Service has now made an poration dedicated to building good will (The part of the bill intended to be offer to the residents to change the last among nations and encouraging inter- stricken is shown in bold face brackets line of their address to Annistown, GA, national camaraderie; and the part of the bill intended to be and to provide them with a new Zip Whereas Operation Sail has represented inserted is shown in italic.) Code. However, the Zip Code change and promoted the United States of America S. RES. 275 has yet to be approved. Although this in the international tall ship community does not solve the problem of the prox- since 1964, organizing and participating in Whereas, prior to 1979, Afghanistan was a peaceful, united country; imity of a postal facility, it will help numerous tall ship events across the United States and around the world; Whereas, the successful fight of brave men them in dealing with the difficulties Whereas Operation Sail has worked in and women of Afghanistan resisting the So- that their address was creating. I partnership with every American President viet invasion and occupation of 1979–1989 was therefore urge the swift approval of since President John F. Kennedy; a significant element in the dissolution of this Zip Code change by the Postal Whereas Operation Sail has established a the Soviet empire; Service. great tradition of celebrating major events Whereas the dissolution of the Soviet em- At a town meeting held to discuss and milestones in United States history with pire brought freedom to the nations of cen- the proposal, the Postal Service re- a gathering of the world’s tall ships, and will tral and eastern Europe as well as to the na- fused to officially attend to answer continue this great tradition with a gath- tions of central Asia; Whereas although many years after the So- questions that the community had ering of ships in New York Harbor, called OpSail 2000, to celebrate the 224th birthday viet Union withdrawal, Afghanistan does not about the proposed change. However, of the United States of America and to wel- enjoy the peace it has earned; after the meeting, we learned that come the new millennium; Whereas the United Nations can play a Postal Service employees secretly at- Whereas President Clinton has endorsed unique and important role in bringing an end tended the meeting and took notes. OpSail 2000, as Presidents Kennedy, Carter, to the conflict in Afghanistan; and

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11202 CONGRESSIONAL RECORD — SENATE September 24, 1996 Whereas recent meetings between Members There being no objection, the Senate There being no objection, the Senate of Congress and the representatives of the proceeded to consider the bill. proceeded to consider the bill. major Afghan factions indicate a significant Mr. FRIST. I ask unanimous consent Mr. FRIST. I ask unanimous consent desire on the part of all parties to achieve a that the bill be deemed read a third that the bill be deemed read a third peaceful resolution to the conflict in Afghan- time, passed, the motion to reconsider istan and the establishment of an effective time, passed, the motion to reconsider government that represents the interests of be laid upon the table, and that any be laid on the table, and that any the Afghan people: Now, therefore, be it statements relating to the bill be statements relating to the bill be Resolved, That it is the sense of the Senate placed at the appropriate place in the placed at the appropriate place in the that— RECORD. RECORD. (1) the courageous people of Afghanistan The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without have earned the world’s respect and support objection, it is so ordered. objection, it is so ordered. for their epic struggle against the forces of The bill (S. 1875) was deemed to be The bill (H.R. 3186) was deemed read communism; read a third time and passed, as fol- for a third time and passed. (2) resolving the continuing conflict in Af- lows: ghanistan and alleviating the accompanying f S. 1875 humanitarian distress of the Afghan people ROMAN L. HRUSKA UNITED should be a top priority of the United States; Be it enacted by the Senate and House of Rep- (3) outside interference and the provision resentatives of the United States of America in STATES COURTHOUSE of arms and military supplies to the warring Congress assembled, Mr. FRIST. I ask unanimous consent parties should be halted; SECTION 1. DESIGNATION. that the Senate proceed to the imme- (4) a unique moment in Afghan civil war The United States courthouse at 310 West diate consideration of Calendar No. 619, Sixth Street in Medford, Oregon, shall be exists where all major factions are searching H.R. 3400. for a peaceful solution to the conflict; known and designated as the ‘‘James A. Red- ø(5) the United States should urge the den Federal Courthouse’’. The PRESIDING OFFICER. The United Nations to move quickly to appoint a SEC. 2 REFERENCES. clerk will report. special envoy to Afghanistan who will act Any reference in a law, map, regulation, The assistant legislative clerk read aggressively to assist the Afghans to achieve document, paper, or other record of the as follows. a solution to the conflict acceptable to the United States to the United States court- A bill (H.R. 3400) to designate the Federal Afghan people; and house referred to in section 1 shall be deemed building and United States courthouse to be ø(6) the United Nations should work to cre- to be a reference to the ‘‘James A. Redden constructed at a site on 18th Street between ate the conditions for a continuing dialogue Federal Courthouse’’. Dodge and Douglas Streets in Omaha, Ne- among the Afghan factions.¿ f braska, as the ‘‘Roman L. Hruska Federal (5) urges the United Nations Security Council Building and United States Courthouse.’’ VEACH-BALEY FEDERAL COMPLEX to impose an international arms embargo on Af- The PRESIDING OFFICER. Is there ghanistan to halt the resupply of arms and am- Mr. FRIST. Mr. President, I ask munition to the warring factions; objection to the immediate consider- unanimous consent that the Senate ation of the bill? (6) the United States welcomes the appoint- proceed to the immediate consider- ment by the United Nations of a new special There being no objection, the Senate envoy to Afghanistan and urges him to aggres- ation of Calendar No. 617, H.R. 2504. proceeded to consider the bill. sively assist the Afghans to achieve a solution to The PRESIDING OFFICER. The Mr. FRIST. I ask unanimous consent the conflict acceptable to the Afghan people; clerk will report. that the bill be deemed read a third and The assistant legislative clerk read time, passed, the motion to reconsider (7) the United Nations should work to create as follows: be laid upon the table, and that any the conditions for a continuing dialogue among A bill (H.R. 2504) to designate the Federal statements relating to the bill be the Afghan factions. building located at the corner of Patton Ave- placed at the appropriate place in the Mr. FRIST. I ask unanimous consent nue and Otis Street, and the U.S. courthouse RECORD. that the amendment be agreed to, the located on Otis Street, in Asheville, NC, as the ‘‘Veach-Baley Federal Complex.’’ The PRESIDING OFFICER. Without resolution, as amended, be agreed to, objection, it is so ordered. the preamble be agreed to, the motion The PRESIDING OFFICER. Is there objection to the immediate consider- The bill (H.R. 3400) was deemed read to reconsider be laid upon the table, for a third time and passed. and that any statements relating to ation of the bill? f the resolution appear at the appro- There being no objection, the Senate proceeded to consider the bill. priate place in the RECORD. SAM M. GIBBONS UNITED STATES Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without COURTHOUSE that the bill be deemed read a third objection, it is so ordered. time, passed, the motion to reconsider Mr. FRIST. I ask unanimous consent The amendment was agreed to. be laid upon the table, and that any that the Environment and Public The resolution (S. Res. 275) as amend- statements relating to the bill be Works Committee be discharged from ed was agreed to. placed at the appropriate place in the further consideration of H.R. 3710 and The preamble was agreed to. the Senate proceed to its consider- The resolution, as amended, and the RECORD. The PRESIDING OFFICER. Without ation. preamble are as follows: objection, it is so ordered. The PRESIDING OFFICER. Without [The resolution was not available for The bill (H.R. 2504) was deemed read objection, it is so ordered. The clerk printing. It will appear in a future for a third time and passed. will report. issue of the RECORD.] The assistant legislative clerk read f f as follows. SAMMY L. DAVIS FEDERAL A bill (H.R. 3710) to designate the United JAMES A. REDDEN FEDERAL BUILDING COURTHOUSE States courthouse under construction at 6111 Mr. FRIST. I ask unanimous consent North Florida Avenue in Tampa, Florida, as Mr. FRIST. I ask unanimous consent that the Senate proceed to the imme- the ‘‘Sam Gibbons United States Court- that the Senate proceed to the imme- diate consideration of Calendar No. 618, house.’’ diate consideration of Calendar No. 615, H.R. 3186. The PRESIDING OFFICER. Is there S. 1875. The PRESIDING OFFICER. The objection to the immediate consider- The PRESIDING OFFICER. The clerk will report. ation of the bill? clerk will report. The assistant legislative clerk read There being no objection, the Senate The assistant legislative clerk read as follows: proceeded to consider the bill. as follows: A bill (H.R. 3186) to designate the Federal Mr. FRIST. I ask unanimous consent A bill (S. 1875) to designate the U.S. court- building located at 1655 Woodson Road, in that the bill be deemed read a third house in Medford, OR, as the ‘‘James A. Red- Overland, MO, as the ‘‘Sammy L. Davis Fed- time, passed, the motion to reconsider den Federal Courthouse.’’ eral Building.’’ be laid upon the table, and that any The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there statements relating to the bill be objection to the immediate consider- objection to the immediate consider- placed at the appropriate place in the ation of the bill? ation of the bill? RECORD.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11203 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (2) RANCH A.—Subject to the exceptions de- objection, it is so ordered. objection, it is so ordered. scribed in subparagraphs (B) and (C) of para- The bill (H.R. 3710) was deemed read The amendment (No. 5398) was agreed graph (1), the United States shall retain all for a third time and passed. to. right, title, and interest in and to the por- The bill (H.R. 3546), as amended, was tion of the property commonly known as f ‘‘Ranch A’’ in Crook County, Wyoming, de- deemed read for a third time and scribed as Township 52 North, Range 61 West, WALHALLA NATIONAL FISH passed. Section 24 N1⁄2 SE1⁄4, consisting of approxi- HATCHERY CONVEYANCE ACT The title was amended so as to read: mately 80 acres of land. Mr. FRIST. Mr. President, I ask A bill to direct the Secretary of the Inte- (b) USE AND REVERSIONARY INTEREST.— unanimous consent that the Environ- rior to convey the Walhalla National Fish (1) USE.—The property conveyed to the State of Wyoming under this section shall be ment and Public Works Committee be Hatchery to the State of South Carolina, and for other purposes. retained by the State and be used by the discharged from further consideration State for the purposes of— of H.R. 3546, and the Senate proceed to f (A) fish and wildlife management and edu- its consideration. CONVEYING A FISH AND WILDLIFE cational activities; and The PRESIDING OFFICER. The FACILITY TO THE STATE OF WY- (B) using, maintaining, displaying, and re- clerk will report. OMING storing, through State or local agreements, or both, the museum-quality real and per- The assistant legislative clerk read Mr. FRIST. Mr. President, I ask sonal property and the historical interests as follows: unanimous consent that the Senate and significance of the real and personal A bill (H.R 3546) to direct the Secretary of proceed to the immediate consider- property, consistent with applicable Federal the Interior to convey Walhalla National ation of Calendar No. 457, S. 1802. and State laws. Fish HATCHery to the State of South Caro- The PRESIDING OFFICER. The (2) ACCESS BY INSTITUTIONS OF HIGHER EDU- lina. CATION.—The State of Wyoming shall provide clerk will report. access to the property for institutions of The PRESIDING OFFICER. Is there The assistant legislative clerk read objection to the immediate consider- higher education at a compensation level as follows: that is agreed to by the State and the insti- ation of the bill? A bill (S. 1802) to direct the Secretary of tutions of higher education. There being no objection, the Senate the Interior to convey certain property con- (3) REVERSION.—All right, title, and inter- proceeded to consider the bill. taining a fish and wildlife facility to the est in and to the property described in sub- AMENDMENT NO. 5398 State of Wyoming and for other purposes. section (a) shall revert to the United States if— (Purpose: To add a provision to correct a The PRESIDING OFFICER. Is there (A) the property is used by the State of coastal barrier resources map) objection to the immediate consider- Wyoming for any other purpose than the Mr. FRIST. Mr. President, Senator ation of the bill? purposes set forth in paragraph (1); HOLLINGS has an amendment at the There being no objection, the Senate (B) there is any development of the prop- desk. I ask for its consideration. proceeded to consider the bill. erty (including commercial or recreational The PRESIDING OFFICER. The AMENDMENT NO. 5399 development, but not including the construc- clerk will report. Mr. FRIST. Senator THOMAS has an tion of small structures, to be used for the The assistant legislative clerk read amendment at the desk for himself and purposes set forth in subsection (b)(1), on land conveyed to the State of Wyoming as follows: Senator SIMPSON, and I ask for its con- under subsection (a)(1)(A)); or The Senator from Tennessee [Mr. FRIST], sideration. (C) the State does not make every reason- for Mr. HOLLINGS, proposes an amendment The PRESIDING OFFICER. The able effort to protect and maintain the qual- numbered 5398. clerk will report. ity and quantity of fish and wildlife habitat The text of the amendment is as fol- The assistant legislative clerk read on the property. lows: as follows: (c) ADDITION TO THE BLACK HILLS NATIONAL FOREST.— Before section 1, insert the following: The Senator from Tennessee [Mr. FRIST], (1) TRANSFER.—Administrative jurisdiction TITLE I—WALHALLA NATIONAL FISH for Mr. THOMAS, for himself, Mr. SIMPSON, of the property described in subsection (a)(2) HATCHERY Mr. DASCHLE, and Mr. PRESSLER, proposes an is transferred to the Secretary of Agri- amendment numbered 5399. At the end of the bill, add the following: culture, to be included in and managed as TITLE II—CORRECTION OF COASTAL The text of the amendment is as fol- part of the Black Hills National Forest. BARRIER RESOURCES MAP lows: (2) NO HUNTING OR MINERAL DEVELOPMENT.— No hunting or mineral development shall be SEC. 201. CORRECTIONS OF MAP. Beginning on page 2, strike line 3 and all that follows through page 3, line 11, and in- permitted on any of the land transferred to (a) IN GENERAL.—Not later than 30 days the administrative jurisdiction of the Sec- after the date of enactment of this Act, the sert the following: (a) CONVEYANCE.— retary of Agriculture by paragraph (1). Secretary of the Interior shall make such (1) IN GENERAL.—Not later than 180 days Mr. FRIST. Mr. President, I ask corrections to the set of maps described in after the date of enactment of this Act, the subsection (b) as are necessary to move the unanimous consent the amendment be Secretary of the Interior shall convey, in ‘‘as southern-most boundary of Unit SC–01 of the agreed to, the bill be deemed read a is’’ condition, to the State of Wyoming with- Coastal Barrier Resources System (known as third time, passed, the motion to re- out reimbursement— the ‘‘Long Pond Unit’’) to exclude from the (A) all right, title, and interest of the consider be laid upon the table, and Unit the structures known as ‘‘Lands End’’, United States in and to the portion of the any statements relating to the bill be ‘‘Beachwalk’’, and ‘‘Courtyard Villas’’, in- property commonly known as ‘‘Ranch A’’ in placed at the appropriate place in the cluding the land lying between the struc- Crook County, Wyoming, other than the por- RECORD. tures. The corrected southern boundary shall tion described in paragraph (2), consisting of The PRESIDING OFFICER. Without extend in a straight line, at the break in de- approximately 600 acres of land (including velopment between the coast and the north objection, it is so ordered. all real property, buildings, and all other im- boundary of the unit. The amendment (No. 5399) was agreed provements to real property) and all per- (b) MAPS.—The set of maps described in to. sonal property (including art, historic light this subsection is the set of maps entitled The bill (S. 1802), as amended, was fixtures, wildlife mounts, draperies, rugs, ‘‘Coastal Barrier Resources System’’ dated deemed read for a third time and and furniture directly related to the site, in- October 24, 1990, insofar as the maps relate to cluding personal property on loan to muse- passed, as follows: Unit SC–01 of the Coastal Barrier Resources ums and other entities at the time of trans- S. 1802 System. fer); Be it enacted by the Senate and House of Rep- Mr. FRIST. I ask unanimous consent (B) all right, title, and interest of the resentatives of the United States of America in the amendment be agreed to, the bill United States in and to all buildings and re- Congress assembled, be deemed read a third time and lated improvements and all personal prop- SECTION 1. CONVEYANCE OF CERTAIN PROP- passed, the motion to reconsider be erty associated with the buildings on the ERTY TO WYOMING. laid upon the table, an amendment to portion of the property described in para- (a) CONVEYANCE.— graph (2); and (1) IN GENERAL.—Not later than 180 days the title be agreed to, and that any (C) a permanent right of way across the after the date of enactment of this Act, the statements relating to the bill be portion of the property described in para- Secretary of the Interior shall convey in ‘‘as placed at the appropriate place in the graph (2) to use the buildings conveyed under is’’ condition, to the State of Wyoming with- RECORD. subparagraph (B). out reimbursement—

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11204 CONGRESSIONAL RECORD — SENATE September 24, 1996 (A) all right, title, and interest of the proceed to the immediate consider- The assistant legislative clerk read United States in and to the portion of the ation of Calendar No. 460, H.R. 2660. as follows: property commonly known as ‘‘Ranch A’’ in The PRESIDING OFFICER. The A bill (S. 773) to amend the Federal Food, Crook County, Wyoming, other than the por- clerk will report. Drug and Cosmetic Act to provide for im- tion described in paragraph (2), consisting of The assistant legislative clerk read provements in the process of approving and approximately 600 acres of land (including as follows: using animal drugs, and for other purposes. all real property, buildings, and all other im- provements to real property) and all per- A bill (H.R. 2660) to increase the amount The PRESIDING OFFICER. Is there sonal property (including art, historic light authorized to be appropriated to the Depart- objection to the immediate consider- fixtures, wildlife mounts, draperies, rugs, ment of the Interior for the Tensas River Na- ation of the bill? and furniture directly related to the site, in- tional Wildlife Refuge. There being no objection, the Senate cluding personal property on loan to muse- The PRESIDING OFFICER. Is there proceeded to consider the bill. ums and other entities at the time of trans- objection to the immediate consider- Amendment No. 5401 fer); ation of the bill? (B) all right, title, and interest of the (Purpose: To provide for a substitute There being no objection, the Senate amendment) United States in and to all buildings and re- proceeded to consider the bill. lated improvements and all personal prop- Mr. FRIST. Mr. President, Senator AMENDMENT NO. 5400 erty associated with the buildings on the KASSEBAUM has a substitute at the portion of the property described in para- (Purpose: To authorize an expansion of the desk. I ask for its consideration. graph (2); and Bayou Sauvage Urban National Wildlife The PRESIDING OFFICER. The Refuge) (C) a permanent right of way across the clerk will report. portion of the property described in para- Mr. FRIST. Senator JOHNSTON has an The assistant legislative clerk read graph (2) to use the buildings conveyed under amendment at the desk. I ask for its as follows: subparagraph (B). consideration. (2) RANCH A.—Subject to the exceptions de- The PRESIDING OFFICER. The The Senator from Tennessee [Mr. FRIST], scribed in subparagraph (B) and (C) of para- for Mrs. KASSEBAUM, proposes an amendment clerk will report. numbered 5401. graph (1), the United States shall retain all The assistant legislative clerk read right, title, and interest in and to the por- as follows: (The text of the amendment is print- tion of the property commonly known as ed in today’s RECORD under ‘‘Amend- ‘‘Ranch A’’ in Crook County, Wyoming, de- The Senator from Tennessee [Mr. FRIST], for Mr. JOHNSTON, proposes an amendment ments Submitted.’’) scribed as Township 52 North, Range 61 West, Mrs. KASSEBAUM. Mr. President, I 1 1 numbered 5400. Section 24 N ⁄2 SE ⁄4, consisting of approxi- wish to thank my colleagues for agree- mately 80 acres of land. The text of the amendment is as fol- (b) USE AND REVERSIONARY INTEREST.— lows: ing to the passage of S. 773, the Animal (1) USE.—The property conveyed to the At the end of the bill, add the following: Drug Availability Act. This legislation State of Wyoming under this section shall be SEC. 3. BAYOU SAUVAGE URBAN NATIONAL WILD- is designed to address the severe short- retained by the State and be used by the LIFE REFUGE. age of new drugs for the treatment of State for the purposes of— (a) REFUGE EXPANSION.—Section 502(b)(1) of animals. The bill will modernize clin- (A) fish and wildlife management and edu- the Emergency Wetlands Resources Act of ical testing requirements and make cational activities; and 1986 (Public Law 99–645; 100 Stat. 3590), is (B) using, maintaining, displaying, and re- amended by inserting after the first sentence them more predictable and will im- storing, through State or local agreements, the following: ‘‘In addition, the Secretary prove the efficiency and timeliness of or both, the museum-quality real and per- may acquire, within such period as may be the Food and Drug Administration’s sonal property and the historical interests necessary, an area of approximately 4,228 [FDA] review of new animal drug appli- and significance of the real and personal acres, consisting of approximately 3,928 acres cations, while at the same time ensur- property, consistent with applicable Federal located north of Interstate 10 between Little ing that new animal drugs are safe for and State laws. Woods and Pointe-aux-Herbes and approxi- animals and humans and are effective. (2) ACCESS BY INSTITUTIONS OF HIGHER EDU- mately 300 acres south of Interstate 10 be- The Senate’s passage of this legisla- CATION.—The State of Wyoming shall provide tween the Maxent Canal and Michoud Boule- access to the property for institutions of vard that contains the Big Oak Island ar- tion is a testament to what can be ac- higher education at a compensation level chaeological site, as depicted on the map en- complished when the FDA, the regu- that is agreed to by the State and the insti- titled ‘‘Bayou Sauvage Urban National Wild- lated industry, and Congress recognize tutions of higher education. life Refuge Expansion’’, dated August, 1996, a problem—in this case, the lack of (3) REVERSION.—All right, title, and inter- on file with the United States Fish and Wild- new drugs for treating animals—and est in and to the property described in sub- life Service.’’ work together in good faith to craft section (a) shall revert to the United States Mr. FRIST. I ask unanimous consent and enact creative, reasonable solu- if— (A) the property is used by the State of the amendment be agreed to, the bill tions to that problem. Dr. Steve Wyoming for any other purpose than the be deemed read a third time, passed, Sundlof, the director of the FDA’s Cen- purposes set forth in paragraph (1); the motion to reconsider be laid upon ter for Veterinary Medicine, and his (B) there is any development of the prop- the table, and any statements relating staff deserve great credit for their dedi- erty (including commercial or recreational to the bill be printed at the appropriate cation to meaningful animal drug law development, but not including the construc- place in the RECORD. and regulation reform in this Congress. tion of small structures, to be used for the The PRESIDING OFFICER. Without I wish especially to thank each of the purposes set forth in subsection (b)(1), on objection, it is so ordered. Members who has cosponsored and lang conveyed to the State of Wyoming The amendment (No. 5400) was agreed under subsection (a)(1)(A)); or worked with me for the passage of this (C) the State does not make every reason- to. legislation. Without their effort and able effort to protect and maintain the qual- The bill (H.R. 2660), as amended, was dedication to seeing this bill through ity and quantity of fish and wildlife habitat deemed read for a third time and the legislative process, we would not on the property. passed. have succeeded in passing this bill (c) ADDITION TO THE BLACK HILLS NATIONAL The title was amended so as to read: today. Our former majority leader, FOREST.— To increase the amount authorized to be Senator Dole, and Senators LUGAR, (1) TRANSFER.—Administrative jurisdiction appropriated to the Department of the Inte- PRYOR, PRESSLER, GREGG, GORTON, of the property described in subsection (a)(2) rior for the Tensas River National Wildlife is transferred to the Secretary of Agri- Refuge and for other purposes. COATS, JEFFORDS, FRIST, HARKIN, culture, to be included in and managed as CRAIG, INHOFE, GRASSLEY, MCCONNELL, f part of the Black Hills National Forest. KYL, SANTORUM, HEFLIN, BOND, (2) NO HUNTING OR MINERAL DEVELOPMENT.— ANIMAL DRUG AVAILABILITY ACT KERREY, BENNETT, HELMS, HUTCHISON, No hunting or mineral development shall be LOTT, BUMPERS, MACK, ASHCROFT, permitted on any of the land transferred to Mr. FRIST. Mr. President, I ask the administrative jurisdiction of the Sec- unanimous consent the Labor Com- COCHRAN, ROTH, WARNER, FORD, KEMP- retary of Agriculture by paragraph (1). mittee be discharged from further con- THORNE, ROBB, NICKLES, STEVENS, f sideration of S. 773, and the Senate im- ABRAHAM, DASCHLE, GRAMS, CONRAD, mediately proceed to its consideration. BURNS, MOSELEY-BRAUN, DORGAN, BAU- TENSAS RIVER WILDLIFE REFUGE The PRESIDING OFFICER. Without CUS, and HATCH each deserve great Mr. FRIST. Mr. President, I ask objection, it is so ordered. The clerk credit for their active support for this unanimous consent that the Senate will report. legislation.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11205 I ask unanimous consent a summary ability Act (S. 773) is before the full of provisions in the bill that our chair- of the bill be printed in the RECORD. Senate for consideration today. man, the senior Senator from Kansas There being no objection, the mate- As an original cosponsor of this legis- [Mrs. KASSEBAUM] assembled simply re- rial was ordered to be printed in the lation, I recognize the need for reform codify current law—albeit not current RECORD, as follows: of the Food and Drug Administration practice—by the FDA. S. 773, THE ANIMAL DRUG AVAILABILITY ACT— [FDA] animal drug approval process. In addition, this legislation con- SUMMARY Producers and manufactures of animal tained a number of incremental im- The Animal Drug Availability Act, S. 773, drugs have been concerned with the provements to the Food, Drug and Cos- was introduced on May 5, 1995, by Senator lengthy time required to gain FDA ap- metic Act. While I will freely admit Kassebaum. It was approved by the Senate proval of animal drugs as well as the that many of these provisions do not Committee on Labor and Human Resources on March 28, 1996, as part of S. 1744, the FDA lack of new drug options available to go as far as the changes that I advo- Performance and Accountability Act, and treat livestock and poultry. cate, I recognize the balance that Sen- now has a total of 43 bipartisan Senate co- The legislation before us today is a ator KASSEBAUM was attempting to sponsors. Subsequently, S. 773 was refined in consensus bill that is acceptable to strike; that is why I voted in favor of close collaboration with the Food and Drug FDA, agricultural procedures, pharma- this legislation in Committee. I also Administration (FDA), and the amendment ceutical and animal health organiza- would like to mention the spirit of the in the nature to S. 773 reflects these refine- tions and has garnered bipartisan sup- negotiations that I observed Senator ments. S. 773 is designed to address the serious port in the Senate. I had written to KASSEBAUM engaged in with our Demo- lack of drugs for treating animals by mod- Senator KASSEBAUM recently urging cratic colleagues and the administra- ernizing and making more predictable the prompt action on this legislation and tion. I thought her approach to this FDA’s requirements for new animal drug thank her for her efforts to move this important issue was eminently fair, testing and improving the efficiency and bill forward. balanced, and accommodating. timeliness of FDA’s review of new animal The bill before us today will provide Mr. President, FDA reform is not a drug applications, without compromising ei- FDA with greater flexibility to deter- new idea. Like so many of the issues ther human or animal safety or product ef- mine when animal drugs are effective fectiveness. we take on, discussion and debate These reforms include: for intended uses; streamline approval about FDA reform has been going on 1. Determination of effectiveness: The legisla- of combination animal drugs when the for many years. For example, the Ed- tion would clarify the discretionary author- drugs have been previously approved wards Commission was established by ity of the FDA to rely on one adequate and separately for the same species and charter in 1989 and authorized by then well-controlled investigation for the deter- conditions of use; provide FDA with Secretary of Health and Human Serv- mination of the effectiveness of an animal greater flexibility in whether field in- drug. The study or studies could, but would ice Dr. Louis Sullivan. This task force no longer automatically be presumed to, re- vestigations are necessary to prove ef- was formed in response to a growing quire field investigation(s). ficacy; and require presubmission con- perception that FDA was in crisis. Se- 2. Combination drugs: The legislation clari- ferences to help FDA and drug manu- rious questions had been raised about fies that when an already approved animal facturers to reach agreement on test- the agency’s ability to do its job. drugs are used in combination with one an- ing requirements before a drug applica- After a year of public testimony and other, the FDA may approve the combina- tion is submitted to FDA. In addition, study, they published a report in May, tion drug as long as none of the drugs in 1991—a detailed analysis of the FDA’s combination exceeds its established toler- the bill streamlines the drug applica- ance or none of the drugs interferes with the tion licenses for feed mills, permits inner workings. The report concluded working of another of the drugs. FDA to set import tolerances for drugs that the FDA was an agency in crisis. 3. Collaborative protocol design: The legisla- used in other countries, and includes a A large part of the report focused on tion provides for a collaborative protocol de- veterinary feed directive provision internal structure, organization and sign process. The FDA is required to meet which will make new therapeutic ani- management; the report recommended with individuals intending to investigate or mal drugs accessible in feed form. individual center adopt mission state- investigating new animal drugs to mutually decide on the appropriate protocol for the I urge my colleagues to support this ments and that paper work flow studies clinical investigation. If the FDA decides important bill. be conducted agencywide. As a result that more than one field investigation will Mr. GREGG. Mr. President, I rise of the report, Congress gave FDA sub- be necessary, the FDA must set forth its sci- today to talk about the demise of one stantially more money and staff—but I entific justification for that decision. very important piece of legislation— think that we all now understand that 4. Drugs for minor uses and species: The leg- the 1996 FDA reform bill—and what I simply providing the FDA more re- islation directs the Secretary to propose leg- hope will be the success of another— sources does not solve the problems islative or regulatory options for facilitating the approval of animal drugs for minor spe- the animal drug availability reform they have at the Agency. cies and minor uses. bill. These bills represent important Mr. President, I originally had high 5. Drug tolerance setting: The legislation Republican priorities: American pa- hopes for FDA reform this Congress. clarifies that the FDA may approve animal tients and consumers, innovation in On March 16, 1995, in a speech at an en- drugs which will not exceed the tolerance set medicine and consumer products, and a vironmental facility in Virginia an- for that drug, as opposed to requiring the smaller role for the Federal Govern- nouncing phase II of the Reinventing manufacturer to determine an optimal dose ment. Government initiative, the President for the drug. 6. Tolerance for unapproved drugs: The legis- Republicans put forth an FDA reform even acknowledged that FDA reform lation provides the Secretary new authority bill, supported in the Labor Committee was a vital issue. In RE–GO II, the ad- to set tolerances for new animal drugs that by three of our Democratic colleagues, ministration issued specific rec- are not approved in the U.S. but are used in that puts the needs of our citizens ommendations for the reform of the animals imported for consumption in this first. Our goal in developing this legis- FDA to be achieved through legislative country. lation was clearly to expedite the bu- and regulatory changes. However, I was 7. Veterainary feed directive drugs: The legis- lation establishes a new category of animal reaucratic review process at the Food concerned by the quotation used from drugs—‘‘veterinary feed directive drugs.’’ and Drug Administration, while still the President’s rhetoric on the first This is a category of drugs between prescrip- recognizing their role in ensuring the page of the follow up white paper: ‘‘The tion drugs and over-the-counter drugs. The safety of products such as pharma- Food and Drug Administration has bill establishes a number of requirements to ceuticals, medical devices, and food ad- made American drugs and medical de- ensure that these drugs can be tracked and ditives being introduced into domestic vices the envy of the world and in that they are used appropriately. and international commerce. 8. Feed mill licensing: The legislation estab- demaind all over the world.’’ lishes a new requirement for the licensing of In the Labor Committee, our discus- I believe that it is this sort of percep- feed mills that are manufacturing feeds con- sions focused on the reprioritization of tion that has gotten us to the point taining animal drugs to ensure conformity Agency resources and attitudes in where we are today: a regulatory sys- with good manufacturing practices and for order to achieve this goal. And while tem that no longer has clear bound- other reasons. some have characterized these provi- aries or delineated goals, is anti- Mr. LUGAR. Mr. President, I am sions as extreme, I believe that it is competitive, and has an attitude that pleased that the Animal Drug Avail- important to recognize that a number we must function as ‘‘the FDA to the

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11206 CONGRESSIONAL RECORD — SENATE September 24, 1996 world.’’ Former Commissioner Dr. rately measure the chilling effect this formerly undetectable amounts of pes- Charles Edwards put it more appro- may be having on relevant industries. ticides and chemicals can be detected, priately when he said that, ‘‘The mis- But this police state mentality has and even though they pose no threat sion of the FDA is consumer protec- spilled over into the appropriate regu- over a human lifetime, would be tion. Unfortunately, the FDA has tend- lation of product safety. banned under the unrealistic Delaney ed to confuse its mission with the Companies are terrified that they scheme. Fortunately, this Congress had power to promote what it deems to be will be made the victim of a public the bipartisan wisdom to institute a re- appropriate personal and professional campaign in the media. The FDA is re- alistic, scientifically based standard in behavior.’’ No matter—the administra- puted for its role in propagating wide- place of the Delaney Clause as it re- tion’s white paper of reforms proved to spread fear of retaliation against any lated to the regulation of pesticides. be more of a red herring than anything company that would cooperate with Congress recognized that in this day else. Congress in its examination of the and age ‘‘zero risk’’ would come close The FDA has demonstrated a lack of FDA’s mission and regulatory prac- to meaning ‘‘zero food.’’ The Delaney investment on their part in the private tices. We have found that a number of reform signed into law takes us out of sectors’ efforts to bring cutting edge individuals and companies fear retribu- the realm of the theory of a health medicine to American patients. Busi- tion in the form of delayed FDA prod- treat, and into a food safety realm that nesses do not engage in activities light- uct reviews and regulatory discrimina- balances health considerations with an ly, especially small business making tion if they should criticize the agency. abundant, affordable food supply. substantial investments in their own This fear has led to hesitancy on the And, Mr. President, I am hopeful that future. The FDA has also indicated an part of potential witnesses to provide we will add this animal drug reform unwillingness to let scientists deter- committees with the testimony that compromise to the list of items we mine the standard of science, to let they need in order to make an in- have accomplished this Congress. I un- doctors freely practice medicine, and formed judgment on the policies and derstand from my colleague from Kan- to allow patients to be informed about practices of the agency. sas that this legislation is the result of their range of options. Commissioner Kessler has argued a real effort on the part of the FDA, To the FDA, it all seems to be about that the industry perceives issues to be the relevant industry, and her staff. I money. The authorized user fees—or something other than what they actu- also understand that the House has taxes placed on the backs of companies ally are, such as the Reference List taken action on this matter, so there is working to provide innovative health being viewed as a ‘‘black list.’’ While a realistic chance for these provisions care solutions—in the Administration’s we appreciated the assurances made to to become law—the type of all that we budget request continue to grow. The the Labor Committee by the Commis- can all feel good about, a law that bal- Administration also continues to annu- sioner that such fears are unfounded, I ances consumer safety with an appro- priate level of Federal regulation. ally request two unauthorized user have yet to learn what affirmative I also hope that we will have an op- fees: one would levy a new tax on med- steps the FDA has taken to reassure portunity to clear the way for one those regulated by the agency that ical device manufacturers and another other related measure before Congress they may feel completely comfortable would be an important inspection fee. adjourns—the biomaterials bill that Increasing taxes will not solve the exercising their right to speak freely to Senators GORTON, LIEBERMAN, and problems that persist at the Food and the Congress, without threat of ret- MCCAIN have been championing for ribution or retaliation from the agen- Drug Administration. many months. This legislation, which Peter Barton Hutt, former FDA Gen- cy. I have to wonder how many stories provides reasonable relief to the sup- eral Counsel, summed this up well in a continue to go untold, how many prob- pliers of critical raw materials. This speech before the Utah International lems go unexplored, how many ques- relief is necessary to ensure that life- Medical Device Congress in 1993. He tions remain unanswered. sustaining and life-enhancing devices However, Mr. President, I am pleased stated, ‘‘User fees is a false issue. If we will remain readily available to Amer- to note that a couple of FDA-related do not change the philosophy of the ican patients. FDA reviewers about the criteria for problems have been resolved this Con- Mr. President, let me just conclude approving either Section 510(k) notifi- gress. One dealt with the untenable re- by saying that the discussion of FDA cations or PMA applications, we can strictions placed on U.S. manufactur- reform will continue into the next Con- triple the number of people in the FDA ers regarding their ability to export gress. This is a high priority for many and not get one additional application products approved for use in other of us, as it is such a high priority for approved.’’ It is these sort of changes countries, but not yet approved for do- American patients and consumers on a in philosophy, as well as corrections to mestic commerce. Working closely daily basis. We will continue to work the fiscal priorities, that we are seek- with my colleague from Utah, Senator hard to define an appropriate role for ing at the FDA through our reform ef- HATCH, we engaged in a lengthy dialog the Federal Government—for the forts. But, unfortunately, Congress with ranking minority member of the FDA—in the lives of our citizens. cannot legislate attitude. Labor Committee, Mr. KENNEDY. The Mr. HARKIN. Mr. President, I am I also remain unconvinced that new result was passage of reform of sections pleased to that we are today seeing user fees would ever be sunset, even if 801 and 802 of the Federal Food, Drug Senate passage of this important legis- the application backlog is cleared. I and Cosmetic Act, provisions which lation. I especially want to thank Sen- think the discussion we will soon begin govern the import and export of FDA- ator KASSEBAUM for her efforts in in regard to the renegotiation of regulated products. Subsequently, working out the details of this con- PDUFA will be revealing on this count. these provisions were signed into law, a sensus bill and in arranging for its pas- I also have yet to see any proposal that major victory for U.S. manufacturers sage as a freestanding measure. I also would refund user fees to any company who are no longer obligated to build want to thank Senator KENNEDY for his if the product review was not com- factories and send jobs and investment cooperation and efforts in clearing the pleted within the statutory timeline— capital overseas. bill for passage. this is an agency that wants to func- A second major issue that was par- I am proud to be an original cospon- tion like a business without regard to tially resolved dealt with the ridicu- sor of the legislation. It has been very the rules of business—‘‘Get what you lously unscientific Delaney Clause. gratifying to have been a part of the pay for.’’ I don’t see why businesses Countless experts and virtually every process of reaching agreement on the should be expected to tolerate this. former Commissioner have stated the provisions of this bill among represent- In recent years, there also seems to fact that a ‘‘zero risk’’ standard is not atives of the animal drug industry, have been a marked shift from product only unscientific, but virtually im- livestock and poultry producer organi- approval to enforcement at FDA. While measurable. As analytical examina- zations, consumers and the Food and there is no clear cut cause for this sea tions have improved, science has been Drug Administration. In particular, I change, the intimidation that has re- able to detect ever-shrinking amounts would like to commend Dr. Stephen sulted from these actions is great. of trace chemicals in our food supply— Sundlof, Director of the Center for Vet- There is, of course, no way to accu- excellent science means that minute, erinary Medicine at FDA for his hard

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11207 work and cooperation in reaching con- ‘‘(D) a bioequivalence study; or clauses (i)(I) and (II), paragraph (1)(A), (B), sensus on this bill. This has been an ex- ‘‘(E) an in vitro study; or (D) apply; emplary effort in reaching a common- by experts qualified by scientific training ‘‘(C) except in the case of a combination sense balance between the need for ade- and experience to evaluate the effectiveness that contains a nontopical antibacterial in- of the drug involved, on the basis of which it gredient or animal drug, the Secretary shall quate regulation and the practical re- not issue an order under paragraph (1)(E) re- alities of livestock and poultry produc- could fairly and reasonably be concluded by such experts that the drug will have the ef- fusing to approve an application for a com- tion. fect it purports or is represented to have bination animal drug intended for use other The bill does not in any way weaken under the conditions of use prescribed, rec- than in animal feed or drinking water unless the protections for human health con- ommended, or suggested in the labeling or the Secretary finds that the application fails tained in current law pertaining to ani- proposed labeling thereof.’’. to demonstrate that— mal drugs. The bill does, however, (b) CONFORMING AMENDMENTS.— ‘‘(i) there is substantial evidence that any streamline the animal drug approval (1) Clauses (ii) and (iii) of section active ingredient or animal drug intended 512(c)(2)(F) (21 U.S.C. 360b(c)(2)(F)) are each only for the same use as another active in- process, primarily by removing unnec- gredient or animal drug in the combination essary and duplicative testing and in- amended— (A) by striking ‘‘reports of new clinical or makes a contribution to labeled effective- vestigation requirements found in cur- field investigations (other than bioequiva- ness; rent law. By reducing unnecessary re- lence or residue studies) and,’’ and inserting ‘‘(ii) each active ingredient or animal drug quirements in the approval process, the ‘‘substantial evidence of the effectiveness of intended for at least one use that is different approval of new animal drugs will be- the drug involved, any studies of animal from all other active ingredients or animal come less costly and time consuming. safety, or,’’; and drugs used in the combination provides ap- That is very important, since the live- (B) by striking ‘‘essential to’’ and inserting propriate concurrent use for the intended ‘‘required for’’. target population; or stock and poultry industries are facing ‘‘(iii) where based on scientific information a near crisis caused by the lack of ap- (2) Section 512(c)(2)(F)(v) (21 U.S.C. 360b(c)(2)(F)(v)) is amended— the Secretary has reason to believe the ac- proved new drugs. For example, there (A) by striking ‘‘subparagraph (B)(iv)’’ tive ingredients or animal drugs may be has been only one new drug approved each place it appears and inserting ‘‘clause physically incompatible or have disparate for use in swine since 1990, and that (iv)’’; dosing regimens, such active ingredients or drug cannot be marketed as a practical (B) by striking ‘‘reports of clinical or field animal drugs are physically compatible or do matter until this legislation passes. investigations’’ and inserting ‘‘substantial not have disparate dosing regimens; and The bill also contains a much needed evidence of the effectiveness of the drug in- ‘‘(D) the Secretary shall not issue an order volved, any studies of animal safety,’’; and under paragraph (1)(E) refusing to approve resolution of the problems associated an application for a combination animal with veterinary oversight in dispensing (C) by striking ‘‘essential to’’ and inserting ‘‘required for’’. drug intended for use in animal feed or of drugs for use in livestock and poul- (c) COMBINATION DRUGS.—Section 512(d) (21 drinking water unless the Secretary finds try feeds. U.S.C. 360b(d)) , as amended by subsection (a) that the application fails to demonstrate This legislation is a huge step for- is amended by adding at the end the fol- that— ward in improving FDA’s animal drug lowing: ‘‘(i) there is substantial evidence that any approval process and a real victory for ‘‘(4) In a case in which an animal drug con- active ingredient or animal drug intended livestock and poultry producers, con- tains more than one active ingredient, or the only for the same use as another active in- labeling of the drug prescribes, recommends, gredient or animal drug in the combination sumers and producers of animal drugs. makes a contribution to the labeled effec- Mr. FRIST. Mr. President, I ask or suggests use of the drug in combination with one or more other animal drugs, and tiveness; unanimous consent the amendment be the active ingredients or drugs intended for ‘‘(ii) each of the active ingredients or ani- agreed to, the bill be deemed read a use in the combination have previously been mal drugs intended for at least one use that third time and passed, the motion to separately approved for particular uses and is different from all other active ingredients reconsider be laid upon the table, and conditions of use for which they are intended or animal drugs used in the combination pro- that any statement relating to the bill for use in the combination— vides appropriate concurrent use for the in- tended target population; appear at this point in the RECORD. ‘‘(A) the Secretary shall not issue an order under paragraph (1)(A), (1)(B), or (1)(D) refus- ‘‘(iii) where a combination contains more The PRESIDING OFFICER. Without than one nontopical antibacterial ingredient objection, it is so ordered. ing to approve the application for such com- bination on human food safety grounds un- or animal drug, there is substantial evidence The amendment (No. 5401) was agreed less the Secretary finds that the application that each of the nontopical antibacterial in- to. fails to establish that— gredients or animal drugs makes a contribu- The bill (S. 773), as amended, was ‘‘(i) none of the active ingredients or drugs tion to the labeled effectiveness; or deemed read for a third time and intended for use in the combination, respec- ‘‘(iv) where based on scientific information passed, as follows: tively, at the longest withdrawal time of any the Secretary has reason to believe the ac- tive ingredients or animal drugs intended for S. 773 of the active ingredients or drugs in the com- bination, respectively, exceeds its estab- use in drinking water may be physically in- Be it enacted by the Senate and House of Rep- lished tolerance; or compatible, such active ingredients or ani- resentatives of the United States of America in ‘‘(ii) none of the active ingredients or mal drugs intended for use in drinking water Congress assembled, drugs in the combination interferes with the are physically compatible.’’. SECTION 1. SHORT TITLE; REFERENCE. methods of analysis for another of the active (d) PRESUBMISSION CONFERENCE.—Section (a) SHORT TITLE.—This Act may be cited as ingredients or drugs in the combination, re- 512(b) (21 U.S.C. 360b(b)) is amended by add- the ‘‘Animal Drug Availability Act of 1996’’. spectively; ing at the end the following: ‘‘(3) Any person intending to file an appli- (b) REFERENCE.—Whenever in this Act an ‘‘(B) the Secretary shall not issue an order cation under paragraph (1) or a request for amendment or repeal is expressed in terms of under paragraph (1)(A), (1)(B), or (1)(D) refus- an amendment to, or repeal of, a section or an investigational exemption under sub- ing to approve the application for such com- section (j) shall be entitled to one or more other provision, the reference shall be con- bination on target animal safety grounds un- sidered to be made to a section or other pro- conferences prior to such submission to less the Secretary finds that— reach an agreement acceptable to the Sec- vision of the Federal Food, Drug, and Cos- ‘‘(i)(I) there is a substantiated scientific metic Act (21 U.S.C. 321 et seq.). retary establishing a submission or an inves- issue, specific to one or more of the active tigational requirement, which may include a SEC. 2. EVIDENCE OF EFFECTIVENESS. ingredients or animal drugs in the combina- requirement for a field investigation. A deci- (a) ORIGINAL APPLICATIONS.—Paragraph (3) tion, that cannot adequately be evaluated sion establishing a submission or an inves- of section 512(d) (21 U.S.C. 360b(d)) is amend- based on information contained in the appli- tigational requirement shall bind the Sec- ed to read as follows: cation for the combination (including any retary and the applicant or requestor unless ‘‘(3) As used in this section, the term ‘sub- investigations, studies, or tests for which the (A) the Secretary and the applicant or re- stantial evidence’ means evidence consisting applicant has a right of reference or use from questor mutually agree to modify the re- of one or more adequate and well controlled the person by or for whom the investiga- quirement, or (B) the Secretary by written investigations, such as— tions, studies, or tests were conducted); or order determines that a substantiated sci- ‘‘(A) a study in a target species; ‘‘(II) there is a scientific issue raised by entific requirement essential to the deter- ‘‘(B) a study in laboratory animals; target animal observations contained in mination of safety or effectiveness of the ‘‘(C) any field investigation that may be studies submitted to the Secretary as part of animal drug involved has appeared after the required under this section and that meets the application; and conference. No later than 25 calendar days the requirements of subsection (b)(3) if a pre- ‘‘(ii) based on the Secretary’s evaluation of after each such conference, the Secretary submission conference is requested by the the information contained in the application shall provide a written order setting forth a applicant; with respect to the issues identified in scientific justification specific to the animal

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11208 CONGRESSIONAL RECORD — SENATE September 24, 1996 drug and intended uses under consideration cation or any other information before the containing a veterinary feed directive drug if the agreement referred to in the first sen- Secretary with respect to such drug, any use and the licensed veterinarian issuing the vet- tence requires more than one field investiga- prescribed, recommended, or suggested in la- erinary feed directive shall maintain a copy tion as being essential to provide substantial beling proposed for such drug will result in a of the veterinary feed directive applicable to evidence of effectiveness for the intended residue of such drug in excess of a tolerance each such feed, except in the case of a person uses of the drug. Nothing in this paragraph found by the Secretary to be safe for such distributing such feed to another person for shall be construed as compelling the Sec- drug.’’. further distribution. Such person distrib- retary to require a field investigation.’’. SEC. 4. IMPORT TOLERANCES. uting the feed shall maintain a written ac- (e) IMPLEMENTATION.— Section 512(a) (21 U.S.C. 360b(a)) is amend- knowledgment from the person to whom the (1) IN GENERAL.—Not later than 6 months ed by adding the following new paragraph at feed is shipped stating that that person shall after the date of enactment of this Act, the the end: not ship or move such feed to an animal pro- Secretary of Health and Human Services ‘‘(6) For purposes of section 402(a)(2)(D), a duction facility without a veterinary feed di- shall issue proposed regulations imple- use or intended use of a new animal drug rective or ship such feed to another person menting the amendments made by this Act shall not be deemed unsafe under this sec- for further distribution unless that person as described in paragraph (2)(A) of this sub- tion if the Secretary establishes a tolerance has provided the same written acknowledg- section, and not later than 18 months after for such drug and any edible portion of any ment to its immediate supplier. the date of enactment of this Act, the Sec- animal imported into the United States does ‘‘(B) Every person required under subpara- retary shall issue final regulations imple- not contain residues exceeding such toler- graph (A) to maintain records, and every per- menting such amendments. Not later than 12 ance. In establishing such tolerance, the Sec- son in charge or custody thereof, shall, upon months after the date of enactment of this retary shall rely on data sufficient to dem- request of an officer or employee designated Act, the Secretary shall issue proposed regu- onstrate that a proposed tolerance is safe by the Secretary, permit such officer or em- lations implementing the other amendments based on similar food safety criteria used by ployee at all reasonable times to have access made by this Act as described in paragraphs the Secretary to establish tolerances for ap- to and copy and verify such records. (2)(B) and (2)(C) of this subsection, and not plications for new animal drugs filed under ‘‘(C) Any person who distributes animal later than 24 months after the date of enact- subsection (b)(1). The Secretary may con- feed bearing or containing a veterinary feed ment of this Act, the Secretary shall issue sider and rely on data submitted by the drug directive drug shall upon first engaging in final regulations implementing such amend- manufacturer, including data submitted to such distribution notify the Secretary of ments. appropriate regulatory authorities in any that person’s name and place of business. (2) CONTENTS.—In issuing regulations im- country where the new animal drug is law- The failure to provide such notification shall plementing the amendments made by this fully used or data available from a relevant be deemed to be an act which results in the Act, and in taking an action to review an ap- international organization, to the extent drug being misbranded. plication for approval of a new animal drug such data are not inconsistent with the cri- ‘‘(b) A veterinary feed directive drug and under section 512 of the Federal Food, Drug, teria used by the Secretary to establish a any feed bearing or containing a veterinary and Cosmetic Act (21 U.S.C. 360b), or a re- tolerance for applications for new animal feed directive drug shall be deemed to be quest for an investigational exemption for a drugs filed under subsection (b)(1). For pur- misbranded if their labeling fails to bear new animal drug under subsection (j) of such poses of this paragraph, ‘relevant inter- such cautionary statement and such other section, that is pending or has been sub- national organization’ means the Codex information as the Secretary may by general mitted prior to the effective date of the reg- Alimenterius Commission or other inter- regulation or by order prescribe, or their ad- ulations, the Secretary shall— national organization deemed appropriate by vertising fails to conform to the conditions (A) further define the term ‘‘adequate and the Secretary. The Secretary may, under and indications for use published pursuant to well controlled’’, as used in subsection (d)(3) procedures specified by regulation, revoke a section 512(i) or fails to contain the general of section 512 of such Act, to require that tolerance established under this paragraph if cautionary statement prescribed by the Sec- field investigations be designed and con- information demonstrates that the use of the retary. ducted in a scientifically sound manner, tak- new animal drug under actual use conditions ‘‘(c) Neither a drug subject to this section, ing into account practical conditions in the results in food being imported into the nor animal feed bearing or containing such a field and differences between field conditions United States with residues exceeding the drug, shall be deemed to be a prescription ar- tolerance or if scientific evidence shows the and laboratory conditions; ticle under any Federal or State law.’’. tolerance to be unsafe.’’. (B) further define the term ‘‘substantial (c) CONFORMING AMENDMENT.—Section 512 evidence’’, as defined in subsection (d)(3) of SEC. 5. VETERINARY FEED DIRECTIVES. (21 U.S.C. 360b) is amended in subsection (i) such section, in a manner that encourages (a) SECTION 503.—Section 503(f)(1)(A) (21 by inserting after ‘‘(including special label- the submission of applications and supple- U.S.C. 353(f)(1)(A)) is amended by inserting ing requirements’’ the following: ‘‘and any after ‘‘other than man’’ the following: ‘‘, mental applications; and requirement that an animal feed bearing or other than a veterinary feed directive drug (C) take into account the proposals con- containing the new animal drug be limited intended for use in animal feed or an animal tained in the citizen petition (FDA Docket to use under the professional supervision of a feed bearing or containing a veterinary feed No. 91P–0434/CP) jointly submitted by the licensed veterinarian’’. directive drug,’’. American Veterinary Medical Association (d) SECTION 301(e).—Section 301(e) (21 (b) SECTION 504.—The Federal Food, Drug, U.S.C. 331(e)) is amended by inserting after and the Animal Health Institute, dated Octo- and Cosmetic Act is amended by inserting ‘‘by section 412’’ the following: ‘‘, 504,’’; and ber 21, 1991. after section 503 the following: by inserting after ‘‘under section 412,’’ the Until the regulations required by subpara- ‘‘VETERINARY FEED DIRECTIVE DRUGS graph (A) are issued, nothing in the regula- following: ‘‘504,’’. ‘‘SEC. 504. (a)(1) A drug intended for use in SEC. 6. FEED MILL LICENSES. tions published at 21 C.F.R. 514.111(a)(5) or on animal feed which is limited by an ap- (a) SECTION 512(a).—Paragraphs (1) and (2) (April 1, 1996) shall be construed to compel proved application filed pursuant to section of section 512(a) (21 U.S.C. 360b(a)) are the Secretary of Health and Human Services 512(b) to use under the professional super- amended to read as follows: to require a field investigation under section vision of a licensed veterinarian is a veteri- ‘‘(a)(1) A new animal drug shall, with re- 512(d)(1)(E) of the Federal Food, Drug, and nary feed directive drug. Any animal feed spect to any particular use or intended use of Cosmetic Act (21 US.C. 360b(d)(1)(E)) or to bearing or containing a veterinary feed di- such drug, be deemed unsafe for the purposes apply any of its provisions in a manner in- rective drug shall be fed to animals only by of section 501(a)(5) and section 402(a)(2)(D) consistent with the considerations for sci- or upon a lawful veterinary feed directive unless — entifically sound field investigations set issued by a licensed veterinarian in the ‘‘(A) there is in effect an approval of an ap- forth in subparagraph (A). course of the veterinarian’s professional plication filed pursuant to subsection (b) (f) MINOR SPECIES AND USES.—The Sec- practice. When labeled, distributed, held, and with respect to such use or intended use of retary of Health and Human Services shall used in accordance with this section, a vet- consider legislative and regulatory options erinary feed directive drug and any animal such drug, and for facilitating the approval under section feed bearing or containing a veterinary feed ‘‘(B) such drug, its labeling, and such use 512 of the Federal Food, Drug, and Cosmetic directive drug shall be exempt from section conform to such approved application. Act of animal drugs intended for minor spe- 502(f). A new animal drug shall also be deemed un- cies and for minor uses and, within 18 ‘‘(2) A veterinary feed directive is lawful if safe for such purposes in the event of re- months after the date of enactment of this it— moval from the establishment of a manufac- Act, announce proposals for legislative or ‘‘(A) contains such information as the Sec- turer, packer, or distributor of such drug for regulatory change to the approval process retary may by general regulation or by order use in the manufacture of animal feed in any under such section for animal drugs intended require; and State unless at the time of such removal for use in minor species or for minor uses. ‘‘(B) is in compliance with the conditions such manufacturer, packer, or distributor SEC. 3. LIMITATION ON RESIDUES. and indications for use of the drug set forth has an unrevoked written statement from Section 512(d)(1)(F) (21 U.S.C. 360b(d)(1)(F)) in the notice published pursuant to section the consignee of such drug, or notice from is amended to read as follows: 512(i). the Secretary, to the effect that, with re- ‘‘(F) Upon the basis of information sub- ‘‘(3)(A) Any persons involved in the dis- spect to the use of such drug in animal feed, mitted to the Secretary as part of the appli- tribution or use of animal feed bearing or such consignee (i) holds a license issued

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 24, 1996 CONGRESSIONAL RECORD — SENATE S11209 under subsection (m) and has in its posses- the Secretary shall issue an order refusing to such license was issued, the facility has man- sion current approved labeling for such drug approve the application. If, after such notice ufactured, processed, packed, or held animal in animal feed; or (ii) will, if the consignee is and opportunity for hearing, the Secretary feed bearing or containing a new animal drug not a user of the drug, ship such drug only to finds that subparagraphs (A) through (C) do adulterated under section 501(a)(6) and the a holder of a license issued under subsection not apply, the Secretary shall issue an order facility did not discontinue the manufacture, (m). approving the application. An order under processing, packing, or holding of such ani- ‘‘(2) An animal feed bearing or containing this subsection approving an application for mal feed within a reasonable time after re- a new animal drug shall, with respect to any a license to manufacture animal feeds bear- ceipt of written notice from the Secretary particular use or intended use of such animal ing or containing new animal drugs shall specifying the matter complained of. feed be deemed unsafe for the purposes of permit a facility to manufacture only those ‘‘(C) The Secretary may also revoke a li- section 501(a)(6) unless— animal feeds bearing or containing new ani- cense to manufacture animal feeds under ‘‘(A) there is in effect an approval of an ap- mal drugs for which there are in effect regu- this subsection if an applicant gives notice plication filed pursuant to subsection (b) lations pursuant to subsection (i) relating to to the Secretary of intention to discontinue with respect to such drug, as used in such the use of such drugs in or on such animal the manufacture of all animal feed covered animal feed, feed. under this subsection and waives an oppor- ‘‘(B) such animal feed is manufactured at a ‘‘(4)(A) The Secretary shall, after due no- tunity for a hearing on the matter. site for which there is in effect a license tice and opportunity for hearing to the appli- ‘‘(D) Any order under this paragraph shall issued pursuant to subsection (m)(1) to man- cant, revoke a license to manufacture ani- state the findings upon which it is based. ufacture such animal feed, and mal feeds bearing or containing new animal ‘‘(5) When a license to manufacture animal ‘‘(C) such animal feed and its labeling, dis- drugs under this subsection if the Secretary feeds bearing or containing new animal tribution, holding, and use conform to the finds— drugs has been issued— conditions and indications of use published ‘‘(i) that the application for such license ‘‘(A) the applicant shall establish and pursuant to subsection (i).’’. contains any untrue statement of a material maintain such records, and make such re- (b) SECTION 512(m).—Section 512(m) (21 fact; or ports to the Secretary, or (at the option of U.S.C. 360b(m)) is amended to read as fol- ‘‘(ii) that the applicant has made changes the Secretary) to the appropriate person or lows: that would cause the application to contain persons holding an approved application filed ‘‘(m)(1) Any person may file with the Sec- any untrue statements of material fact or under subsection (b), as the Secretary may retary an application for a license to manu- that would affect the safety or effectiveness by general regulation, or by order with re- facture animal feeds bearing or containing of the animal feeds manufactured at the fa- spect to such application, prescribe on the new animal drugs. Such person shall submit cility unless the applicant has supplemented basis of a finding that such records and re- to the Secretary as part of the application the application by filing with the Secretary ports are necessary in order to enable the (A) a full statement of the business name adequate information respecting all such Secretary to determine, or facilitate a deter- and address of the specific facility at which changes and unless there is in effect an ap- mination, whether there is or may be ground the manufacturing is to take place and the proval of the supplemental application. for invoking subsection (e) or paragraph (4); facility’s registration number, (B) the name and and signature of the responsible individual If the Secretary (or in the Secretary’s ab- ‘‘(B) every person required under this sub- or individuals for that facility, (C) a certifi- sence the officer acting as the Secretary) section to maintain records, and every per- cation that the animal feeds bearing or con- finds that there is an imminent hazard to son in charge or custody thereof, shall, upon taining new animal drugs are manufactured the health of humans or of the animals for request of an officer or employee designated and labeled in accordance with the applica- which such animal feed is intended, the Sec- by the Secretary, permit such officer or em- ble regulations published pursuant to sub- retary may suspend the license immediately, ployee at all reasonable times to have access section (i), and (D) a certification that the and give the applicant prompt notice of the to and copy and verify such records. methods used in, and the facilities and con- action and afford the applicant the oppor- ‘‘(6) To the extent consistent with the pub- trols used for, manufacturing, processing, tunity for an expedited hearing under this lic health, the Secretary may promulgate packaging, and holding such animal feeds are subsection; but the authority conferred by regulations for exempting from the oper- in conformity with current good manufac- this sentence shall not be delegated. ation of this subsection facilities that manu- turing practice as described in section ‘‘(B) The Secretary may also, after due no- facture, process, pack, or hold animal feeds 501(a)(2)(B). tice and opportunity for hearing to the appli- ‘‘(2) Within 90 days after the filing of an cant, revoke a license to manufacture ani- bearing or containing new animal drugs.’’. application pursuant to paragraph (1), or mal feed under this subsection if the Sec- (c) TRANSITIONAL PROVISION.—A person en- such additional period as may be agreed retary finds— gaged in the manufacture of animal feeds upon by the Secretary and the applicant, the ‘‘(i) that the applicant has failed to estab- bearing or containing new animal drugs who Secretary shall (A) issue an order approving lish a system for maintaining required holds at least one approved medicated feed the application if the Secretary then finds records, or has repeatedly or deliberately application for an animal feed bearing or that none of the grounds for denying ap- failed to maintain such records or to make containing new animal drugs, the manufac- proval specified in paragraph (3) applies, or required reports in accordance with a regula- ture of which was not otherwise exempt from (B) give the applicant notice of an oppor- tion or order under paragraph (5)(A) of this the requirement for an approved medicated tunity for a hearing before the Secretary subsection or section 504(a)(3)(A), or the ap- feed application on the date of the enact- under paragraph (3) on the question whether plicant has refused to permit access to, or ment of this Act, shall be deemed to hold a such application is approvable. The proce- copying or verification of, such records as re- license for the manufacturing site identified dure governing such a hearing shall be the quired by subparagraph (B) of such para- in the approved medicated feed application. procedure set forth in the last two sentences graph or section 504(a)(3)(B); The revocation of license provisions of sec- of subsection (c)(1). ‘‘(ii) that on the basis of new information tion 512(m)(4) of the Federal Food, Drug, and ‘‘(3) If the Secretary, after due notice to before the Secretary, evaluated together Cosmetic Act, as amended by this Act, shall the applicant in accordance with paragraph with the evidence before the Secretary when apply to such licenses. Such license shall ex- (2) and giving the applicant an opportunity such license was issued, the methods used in, pire within 18 months from the date of enact- for a hearing in accordance with such para- or the facilities and controls used for, the ment of this Act unless the person submits graph, finds, on the basis of information sub- manufacture, processing, packing, and hold- to the Secretary a completed license applica- mitted to the Secretary as part of the appli- ing of such animal feed are inadequate to as- tion for the manufacturing site accompanied cation, on the basis of a preapproval inspec- sure and preserve the identity, strength, by a copy of an approved medicated feed ap- tion, or on the basis of any other informa- quality, and purity of the new animal drug plication for such site, which license applica- tion before the Secretary— therein, and were not made adequate within tion shall be deemed to be approved upon re- ‘‘(A) that the application is incomplete, a reasonable time after receipt of written no- ceipt by the Secretary. false, or misleading in any particular; tice from the Secretary, specifying the mat- ‘‘(B) that the methods used in, and the fa- ter complained of; f cilities and controls used for, the manufac- ‘‘(iii) that on the basis of new information ture, processing, and packing of such animal before the Secretary, evaluated together UNANIMOUS–CONSENT feed are inadequate to preserve the identity, with the evidence before the Secretary when strength, quality, and purity of the new ani- such license was issued, the labeling of any AGREEMENT mal drug therein; or animal feeds, based on a fair evaluation of Mr. FRIST. Mr. President, I ask ‘‘(C) that the facility manufactures animal all material facts, is false or misleading in unanimous consent that the previous feeds bearing or containing new animal any particular and was not corrected within order be amended so that the Senate drugs in a manner that does not accord with a reasonable time after receipt of written no- stands in adjournment until 9:30 to- the specifications for manufacture or labels tice from the Secretary specifying the mat- animal feeds bearing or containing new ani- ter complained of; or morrow morning and the routine morn- mal drugs in a manner that does not accord ‘‘(iv) that on the basis of new information ing requests be deemed agreed to. with the conditions or indications of use before the Secretary, evaluated together The PRESIDING OFFICER. Without that are published pursuant to subsection (i), with the evidence before the Secretary when objection, it is so ordered.

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11210 CONGRESSIONAL RECORD — SENATE September 24, 1996 ADJOURNMENT UNTIL TOMORROW There being no objection, the Senate, IN THE NAVY AT 9:30 A.M. at 7:36 p.m., adjourned until Wednes- THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE day, September 25, 1996, at 9:30 a.m. DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED Mr. FRIST. Mr. President, I ask IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF f TITLE 10, UNITED STATES CODE: unanimous consent that the Senate UNRESTRICTED LINE OFFICER stand in adjournment as under the pre- NOMINATIONS vious order. Executive nominations received by To be captain the Senate September 24, 1996: CHRISTOPHER J. REMSHAK, 000–00–0000

VerDate Aug 31 2005 04:05 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S24SE6.REC S24SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS