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

Vol. 144 WASHINGTON, MONDAY, FEBRUARY 23, 1998 No. 13 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 24, 1998, at 12:30 p.m. Senate MONDAY, FEBRUARY 23, 1998

The Senate met at 12 noon and was READING OF WASHINGTON’S suffrages have twice called me, have called to order by the President pro FAREWELL ADDRESS been a uniform sacrifice of inclination tempore [Mr. THURMOND]. The PRESIDENT pro tempore. Under to the opinion of duty, and to a def- the previous order, the Senator from erence for what appeared to be your de- PRAYER Louisiana, Ms. LANDRIEU, will now read sire. I constantly hoped that it would The Chaplain, Dr. Lloyd John Washington’s Farewell Address. have been much earlier in my power, Ogilvie, offered the following prayer: Ms. LANDRIEU. Thank you, Mr. consistently with motives which I was Yesterday was George Washington’s President. not at liberty to disregard, to return to birthday. It is appropriate to open the Ms. LANDRIEU, at the rostrum, read that retirement from which I had been Senate this morning with the prayer the Farewell Address, as follows: reluctantly drawn. The strength of my that he prayed for our Nation exactly inclination to do this, previous to the To the people of the United States. last election, had even led to the prepa- as it is reproduced on the wall of the FRIENDS AND FELLOW CITIZENS: The chapel at Valley Forge. ration of an address to declare it to period for a new election of a citizen to you; but mature reflection on the then Let us pray. administer the executive government ‘‘Almighty God: We make our earnest perplexed and critical posture of our of the United States being not far dis- affairs with foreign nations, and the prayer that Thou wilt keep the United tant, and the time actually arrived States in Thy holy protection; that unanimous advice of persons entitled when your thoughts must be employed to my confidence, impelled me to aban- Thou wilt incline the hearts of the citi- in designating the person who is to be zens to cultivate a spirit of subordina- don the idea. clothed with that important trust, it I rejoice that the state of your con- tion and obedience to the government appears to me proper, especially as it cerns external as well as internal, no and entertain a brotherly affection and may conduce to a more distinct expres- longer renders the pursuit of inclina- love for one another and for their fel- sion of the public voice, that I should tion incompatible with the sentiment low citizens of the United States at now apprise you of the resolution I of duty or propriety; and am persuaded, large. And, finally, that Thou wilt have formed, to decline being consid- whatever partiality may be retained most graciously be pleased to dispose ered among the number of those, out of for my services, that in the present cir- us all to do justice, to love mercy, and whom a choice is to be made. cumstances of our country, you will to demean ourselves with that charity, I beg you, at the same time, to do me not disapprove my determination to re- humility, and pacific temper of mind the justice to be assured, that this res- tire. which were the characteristics of the olution has not been taken, without The impressions with which I first Divine Author of our blessed religion strict regard to all the considerations undertook the arduous trust, were ex- and, without a humble imitation of appertaining to the relation which plained on the proper occasion. In the whose example in these things, we can binds a dutiful citizen to his country; discharge of this trust, I will only say never hope to be a happy Nation. Grant and that, in withdrawing the tender of that I have, with good intentions, con- our supplication, we beseech Thee, service which silence in my situation tributed towards the organization and through Jesus Christ our Lord.’’ might imply, I am influenced by no administration of the government, the Amen. diminution of zeal for your future in- best exertions of which a very fallible f terest; no deficiency of grateful respect judgment was capable. Not unconscious for your past kindness; but am sup- in the outset, of the inferiority of my RESERVATION OF LEADER TIME ported by a full conviction that the qualifications, experience, in my own The PRESIDENT pro tempore. Under step is compatible with both. eyes, perhaps still more in the eyes of the previous order, the leadership time The acceptance of, and continuance others, has strengthened the motives is reserved. hitherto in the office to which your to diffidence of myself; and, every day,

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

S797 S798 CONGRESSIONAL RECORD — SENATE February 23, 1998 the increasing weight of years admon- tion of my sentiments on a former and course, benefiting by the same agency ishes me more and more, that the not dissimilar occasion. of the north, sees its agriculture grow shade of retirement is as necessary to Interwoven as is the love of liberty and its commerce expand. Turning me as it will be welcome. Satisfied that with every ligament of your hearts, no partly into its own channels the sea- if any circumstances have given pecu- recommendation of mine is necessary men of the north, it finds its particular liar value to my services they were to fortify or confirm the attachment. navigation invigorated; and while it temporary, I have the consolation to The unity of government which con- contributes, in different ways, to nour- believe that, while choice and prudence stitutes you one people, is also now ish and increase the general mass of invite me to quit the political scene, dear to you. It is justly so; for it is a the national navigation, it looks for- patriotism does not forbid it. main pillar in the edifice of your real ward to the protection of a maritime In looking forward to the moment independence; the support of your tran- strength, to which itself is unequally which is to terminate the career of my quility at home: your peace abroad; of adapted. The east, in a like intercourse political life, my feelings do not permit your safety; of your prosperity; of that with the west, already finds, and in the me to suspend the deep acknowledg- very liberty which you so highly prize. progressive improvement of interior ment of that debt of gratitude which I But, as it is easy to foresee that, from communications by land and water, owe to my beloved country, for the different causes and from different will more and more find a valuable many honors it has conferred upon me; quarters much pains will be taken, vent for the commodities which it still more for the steadfast confidence many artifices employed, to weaken in brings from abroad, or manufactures at with which it has supported me; and your minds the conviction of this home. The west derives from the east for the opportunities I have thence en- truth; as this is the point in your polit- supplies requisite to its growth and joyed of manifesting my inviolable at- ical fortress against which the bat- comfort—and what is perhaps of still tachment, by services faithful and per- teries of internal and external enemies greater consequence, it must of neces- severing, though in usefulness unequal will be most constantly and actively sity owe the secure enjoyment of indis- to my zeal. If benefits have resulted to (though often covertly and insidiously) pensable outlets for its own produc- our country from these services, let it directed; it is of infinite movement, tions, to the weight, influence, and the always be remembered to your praise, that you should properly estimate the future maritime strength of the Atlan- and as an instructive example in our immense value of your national union tic side of the Union, directed by an in- annals, that under circumstances in to your collective and individual happi- dissoluble community of interest as which the passions, agitated in every ness; that you should cherish a cordial, one nation. Any other tenure by which direction, were liable to mislead habitual, and immovable attachment the west can hold this essential advan- amidst appearances sometimes dubi- to it; accustoming yourselves to think tage, whether derived from its own sep- ous, vicissitudes of fortune often dis- and speak of it as of the palladium of arate strength; or from an apostate and couraging—in situations in which not your political safety and prosperity; unnatural connection with any foreign unfrequently, want of success has watching for its preservation with jeal- power, must be intrinsically precar- countenanced the spirit of criticism,— ous anxiety; discountenancing what- ious. the constancy of your support was the ever may suggest even a suspicion that While then every part of our country essential prop of the efforts, and a it can, in any event, be abandoned; and thus feels an immediate and particular guarantee of the plans, by which they indignantly frowning upon the first interest in union, all the parts com- were effected. Profoundly penetrated dawning of every attempt to alienate bined cannot fail to find in the united with this idea, I shall carry it with me any portion of our country from the mass of means and efforts, greater to my grave, as a strong incitement to rest, or to enfeeble the sacred ties strength, greater resource proportion- unceasing vows that heaven may con- which now link together the various ably greater security from external tinue to you the choicest tokens of its parts. danger, a less frequent interruption of beneficence—that your union and For this you have every inducement their peace by foreign nations; and, brotherly affection may be perpetual— of sympathy and interest. Citizens by what is of inestimable value, they must that the free constitution, which is the birth, or choice, of a common country, derive from union, an exemption from work of your hands, may be sacredly that country has a right to concentrate those broils and wars between them- maintained—that its administration in your affections. The name of American, selves, which so frequently afflict every department may be stamped with which belongs to you in your national neighboring countries not tied together wisdom and virtue—that, in fine, the capacity, must always exalt the just by the same government; which their happiness of the people of these states, pride of patriotism, more than any ap- own rivalship alone would be sufficient under the auspices of liberty, may be pellation derived from local discrimi- to produce, but which opposite foreign made complete by so careful a preser- nations. With slight shades of dif- alliances, attachments, and intrigues, vation, and so prudent a use of this ference, you have the same religion, would stimulate and embitter.—Hence blessing, as will acquire to them the manners, habits, and political prin- likewise, they will avoid the necessity glory of recommending it to the ap- ciples. You have, in a common cause, of those overgrown military establish- plause, the affection and adoption of fought and triumphed together; the ments, which under any form of gov- every nation which is yet a stranger to independence and liberty you possess, ernment are inauspicious to liberty, it. are the work of joint counsels, and and which are to be regarded as par- Here, perhaps, I ought to stop. But a joint efforts, of common dangers, ticularly hostile to republican liberty. solicitude for your welfare, which can- sufferings and successes. In this sense it is, that your union not end but with my life, and the ap- But these considerations, however ought to be considered as a main prop prehension of danger, natural to that powerfully they address themselves to of your liberty, and that the love of the solicitude, urge me, on an occasion like your sensibility, are greatly out- one ought to endear to you the preser- the present, to offer to your solemn weighed by those which apply more im- vation of the other. contemplation, and to recommend to mediately to your interest.—Here, These considerations speak a persua- your frequent review, some sentiments every portion of our country finds the sive language to every reflecting and which are the result of much reflec- most commanding motives for care- virtuous mind, and exhibit the continu- tion, of no inconsiderable observation, fully guarding and preserving the ance of the union as a primary object and which appear to me all important union of the whole. of patriotic desire. Is there a doubt to the permanency of your felicity as a The north, in an unrestrained inter- whether a common government can people. These will be offered to you course with the south, protected by the embrace so large a sphere? let experi- with the more freedom, as you can only equal laws of a common government, ence solve it. To listen to mere specu- see in them the disinterested warnings finds in the productions of the latter, lation in such a case were criminal. We of a parting friend, who can possibly great additional resources of maritime are authorized to hope that a proper have no personal motive to bias his and commercial enterprise, and pre- organization of the whole, with the counsel. Nor can I forget, as an encour- cious materials of manufacturing in- auxiliary agency of governments for agement to it, your indulgent recep- dustry.—The south, in the same inter- the respective subdivisions, will afford February 23, 1998 CONGRESSIONAL RECORD — SENATE S799 a happy issue to the experiment. It is own amendment, has a just claim to that for the efficient management of well worth a fair and full experiment. your confidence and your support. Re- your common interests in a country so With such powerful and obvious mo- spect for its authority, compliance extensive as ours, a government of as tives to union, affecting all parts of our with its laws, acquiescence in its meas- much vigor as is consistent with the country, while experience shall not ures, are duties enjoined by the fun- perfect security of liberty is indispen- have demonstrated its impracticabil- damental maxims of true liberty. The sable. Liberty itself will find in such a ity, there will always be reason to dis- basis of our political systems is the government, with powers properly dis- trust the patriotism of those who, in right of the people to make and to tributed and adjusted, its surest guard- any quarter, may endeavor to weaken alter their constitutions of govern- ian. It is, indeed, little else than a its hands. ment.—But the constitution which at name, where the government is too fee- In contemplating the causes which any time exists, until changed by an ble to withstand the enterprises of may disturb our Union, it occurs as explicit and authentic act of the whole fraction, to confine each member of the matter of serious concern, that any people, is sacredly obligatory upon all. society within the limits prescribed by ground should have been furnished for The very idea of the power, and the the laws, and to maintain all in the se- characterizing parties by geographical right of the people to establish govern- cure and tranquil enjoyment of the discriminations,—northern and south- ment, presupposes the duty of every in- rights of person and property. ern—Atlantic and western; whence de- dividual to obey the established gov- I have already intimated to you the signing men may endeavor to excite a ernment. danger of parties in the state, with par- belief that there is a real difference of All obstructions to the execution of ticular references to the founding them local interests and views. One of the the laws, all combinations and associa- on geographical discrimination. Let me expedients of party to acquire influ- tions under whatever plausible char- now take a more comprehensive view, ence within particular districts, is to acter, with the real design to direct, and warn you in the most solemn man- misrepresent the opinions and aims of control, counteract, or awe the regular ner against the baneful effects of the other districts. You cannot shield deliberations and action of the con- spirit of party generally. yourself too much against the stituted authorities, are destructive of This spirit, unfortunately, is insepa- jealousies and heart burnings which this fundamental principle, and of fatal rable from our nature, having its root spring from these misrepresentations: tendency.—They serve to organize fac- in the strongest passions of the human they tend to render alien to each other tion, to give it an artificial and ex- mind.—It exists under different shapes those who ought to be bound together traordinary force, to put in the place of in all governments, more or less sti- by fraternal affection. The inhabitants the delegated will of the nation the fled, controlled, or repressed; but in of our western country have lately had will of party, often a small but artful those of the popular form it is seen in a useful lesson on this head: they have and enterprising minority of the com- its greatest rankness, and is truly their seen, in the negotiation by the execu- munity; and, according to the alter- worst enemy. tive, and in the unanimous ratification nate triumphs of different parties, to The alternate domination of one fac- tion over another, sharpened by the by the senate of the treaty with Spain, make the public administration the spirit of revenge natural to party dis- and in the universal satisfaction at the mirror of the ill concerted and incon- sension, which in different ages and event throughout the United States, a gruous projects of faction, rather than countries has perpetrated the most decisive proof how unfounded were the the organ of consistent and wholesome horrid enormities, is itself a frightful suspicions propagated among them of a plans digested by common councils, despotism.—But this leads at length to policy in the general government and and modified by mutual interests. in the Atlantic states, unfriendly to However combinations or associa- a more formal and permanent des- their interests in regard to the Mis- tions of the above description may now potism. The disorders and miseries which result, gradually incline the sissippi. They have been witnesses to and then answer popular ends, they are minds of men to seek security and the formation of two treaties, that likely, in the course of time and repose in the absolute power of an indi- with Great Britain and that with things, to become potent engines, by vidual; and, sooner or later, the chief of Spain, which secure to them every- which cunning, ambitious, and unprin- some prevailing faction, more able or thing they could desire, in respect to cipled men, will be enable to subvert more fortunate than his competitors, our foreign relations, towards confirm- the power of the people, and to usurp turns this disposition to the purpose of ing their prosperity. Will it not be for themselves the reigns of govern- his own elevation on the ruins of public their wisdom to rely for the preserva- ment; destroying afterwards the very liberty. tion of these advantages on the union engines which have lifted them to un- Without looking forward to an ex- by which they were procured? will they just dominion. tremity of this kind, (which neverthe- not henceforth be deaf to those advis- Towards the preservation of your less ought not to be entirely out of ers, if such they are, who would sever government and the permanency of sight) the common and continual mis- them from their brethren and connect your present happy state, it is req- chiefs of the spirit of party are suffi- them with aliens? uisite, not only that you steadily dis- cient to make it in the interest and To the efficacy and permanency of countenance irregular opposition to its duty of a wise people to discourage and your Union, a government for the acknowledged authority, but also that restrain it. whole is indispensable. No alliances, you resist with care the spirit of inno- It serves always to distract the pub- however strict, between the parts can vation upon its principles, however spe- lic councils, and enfeeble the public ad- be an adequate substitute; they must cious the pretext. One method of as- ministration. It agitates the commu- inevitably experience the infractions sault may be to effect, in the forms of nity with ill founded jealousies and and interruptions which all alliances, the constitution, alterations which will false alarms; kindles the animosity of in all times, have experienced. Sensible impair the energy of the system; and one part against another; forments oc- of this momentous truth, you have im- thus to undermine what cannot be di- casional riot and insurrection. It opens proved upon your first essay, by the rectly overthrown. In all the changes the door to foreign influence and cor- adoption of a constitution of govern- to which you may be invited, remem- ruption, which finds a facilitated ac- ment, better calculated than your ber that time and habit are at least as cess to the government itself through former, for an intimate union, and for necessary to fix the true character of the channels of party passions. Thus the efficacious management of your governments, as of other human insti- the policy and the will of one country common concerns. This government, tutions:—that experience is the surest are subjected to the policy and will of the offspring of our own choice, standard by which to test the real another. uninfluenced and unawed, adopted tendency of the existing constitution There is an opinion that parties in upon full investigation and mature de- of a country:—that facility in changes, free countries are useful checks upon liberation, completely free in its prin- upon the credit of mere hypothesis and the administration of the government, ciples, in the distribution of its powers, opinion, exposes to perpetual change and serve to keep alive the spirit of lib- uniting security with energy, and con- from the endless variety of hypothesis erty. This within certain limits is prob- taining within itself a provision for its and opinion: and remember, especially, ably true; and in governments of a S800 CONGRESSIONAL RECORD — SENATE February 23, 1998 monarchial cast, patriotism may look of peculiar structure, reason and expe- nent, inveterate antipathies against with indulgence, if not with favor, rience both forbid us to expect, that particular nations and passionate at- upon the spirit of party. But in those of national morality can prevail in exclu- tachment for others, should be ex- the popular character, in governments sion of religious principle. cluded; and that, in place of them, just purely elective, it is a spirit not to be It is substantially true, that virtue and amicable feelings towards all encouraged. From their natural tend- or morality is a necessary spring of should be cultivated. The nation which ency, it is certain there will always be popular government. The rule, indeed, indulges towards another an habitual enough of that spirit for every salutary extends with more or less force to hatred, or an habitual fondness, is in purpose. And there being constant dan- every species of free government. Who some degree a slave. It is a slave to its ger of excess, the effort ought to be, by that is a sincere friend to it can look animosity, or to its affection, either of force of public opinion, to mitigate and with indifference upon attempts to which is sufficient to lead it astray assuage it. A fire not to be quenched, it shake the foundation of the fabric? from its duty and its interest. Antip- demands a uniform vigilance to pre- Promote, then, as an object of pri- athy in one nation against another, vent it bursting into a flame, lest in- mary importance, institutions for the disposes each more readily to offer in- stead of warming, it should consume. general diffusion of knowledge. In pro- sult and injury, to lay hold of slight It is important likewise, that the portion as the structure of a govern- causes of umbrage, and to be haughty habits of thinking in a free country ment gives force to public opinion, it and intractable when accidental or tri- should inspire caution in those should be enlightened. fling occasions of dispute occur. intrusted with its administration, to As a very important source of Hence, frequent collisions, obstinate, confine themselves within their respec- strength and security, cherish public envenomed, and bloody contests. The tive constitutional spheres, avoiding in credit. One method of preserving it is nation, prompted by ill will and resent- the exercise of the powers of one de- to use it as sparingly as possible, ment, sometimes impels to war the partment, to encroach upon another. avoiding occasions of expense by cul- government, contrary to the best cal- The spirit of encroachment tends to tivating peace, but remembering, also, culations of policy. The government consolidate the powers of all the de- that timely disbursements, to prepare sometimes participates in the national partments in one, and thus to create, for danger, frequently prevent much propensity, and adopts through passion greater disbursements to repel it; whatever the form of government, a what reason would reject; at other avoiding likewise the accumulation of real despotism. A just estimate of that times, it makes the animosity of the debt, not only by shunning occasions of love of power and proneness to abuse it nation’s subservient to projects of hos- expense, but by vigorous exertions, in which predominate in the human tility, instigated by pride, ambition, time of peace, to discharge the debts heart, is sufficient to satisfy us of the and other sinister and pernicious mo- which unavoidable wars may have oc- truth of this position. The necessity of tives. The peace often, sometimes per- casioned, not ungenerously throwing reciprocal checks in the exercise of po- haps the liberty of nations, has been upon posterity the burden which we litical power, by dividing and distribut- the victim. ourselves ought to bear. The execution ing it into different depositories, and So likewise, a passionate attachment of these maxims belongs to your rep- constituting each the guardian of the of one nation for another produces a resentatives, but it is necessary that public weal against invasions of the variety of evils. Sympathy for the fa- public opinion should co-operate. To others, has been evinced by experi- vorite nation, facilitating the illusion facilitate to them the performance of ments ancient and modern: some of of an imaginary common interest, in their duty, it is essential that you them in our country and under our own cases where no real common interest should practically bear in mind, that eyes.—To preserve them must be as exists, and infusing into one the enmi- towards the payment of debts there necessary as to institute them. If, in ties of the other, betrays the former must be revenue; that to have revenue the opinion of the people, the distribu- into a participation in the quarrels and there must be taxes; that no taxes can tion or modification of the constitu- be devised which are not more or less wars of the latter, without adequate in- tional powers be in any particular inconvenient and unpleasant; that the ducements or justifications. It leads wrong, let it be corrected by an amend- intrinsic embarrassment inseparable also to concessions, to the favorite na- ment in the way which the constitu- from the selection of the proper object tion, or privileges denied to others, tion designates.—But let there be no (which is always a choice of difficul- which is apt doubly to injure the na- change by usurpation; for through this, ties), ought to be a decisive motive for tion making the concessions, by unnec- in one instance, may be the instrument a candid construction of the conduct of essarily parting with what ought to of good, it is the customary weapon by the government in making it, and for a have been retained, and by exciting which free governments are destroyed. spirit of acquiescence in the measures jealously, ill will, and a disposition to The precedent must always greatly for obtaining revenue, which the public retaliate in the parties from whom overbalance in permanent evil, any exigencies may at any time dictate. equal privileges are withheld; and it partial or transient benefit which the Observe good faith and justice to- gives to ambitious, corrupted or de- use can at any time yield. wards all nations; cultivate peace and luded citizens who devote themselves Of all the dispositions and habits harmony with all. Religion and moral- to the favorite nation, facility to be- which lead to political prosperity, reli- ity enjoin this conduct, and can it be tray or sacrifice the interests of their gion and morality are indispensable that good policy does not equally en- own country, without odium, some- supports. In vain would that man claim join it? It will be worthy of a free, en- times even with popularity; gilding the tribute of patriotism, who should lightened, and, at no distant period, a with the appearances of virtuous sense labor to subvert these great pillars of great nation, to give to mankind the of obligation, a commendable deference human happiness, these firmest props magnanimous and too novel example of for public opinion, or a laudable zeal of the duties of men and citizens. The a people always guided by an exalted for public good, the base or foolish mere politician, equally with the pious justice and benevolence. Who can doubt compliances of ambition, corruption, man, ought to respect and to cherish but, in the course of time and things, or infatuation. them. A volume could not trace all the fruits of such a plan would richly As avenues to foreign influence in in- their connections with private and pub- repay any temporary advantages which numerable ways, such attachments are lic felicity. Let it simply be asked, might be lost by a steady adherence to particularly alarming to the truly en- where is the security for property, for it; can it be that Providence has not lightened and independent patriot. How reputation, for life, if the sense of reli- connected the permanent felicity of a many opportunities do they afford to gious obligation desert the oaths which nation with its virtue? The experiment, tamper with domestic factions, to prac- are the instruments of investigation in at least, is recommended by every sen- tice the arts of seduction, to mislead courts of justice? and let us with cau- timent which ennobles human nature. public opinion, to influence or awe the tion indulge the supposition that mo- Alas! is it rendered impossible by its public councils!—Such an attachment rality can be maintained without reli- vices? of a small or weak, towards a great and gion. Whatever may be conceded to the In the execution of such a plan, noth- powerful nation, dooms the former to influence of refined education on minds ing is more essential than that perma- be the satellite of the latter. February 23, 1998 CONGRESSIONAL RECORD — SENATE S801 Against the insidious wiles of foreign Taking care always to keep ourselves After deliberate examination, with influence, (I conjure you to believe me by suitable establishments, on a re- the aid of the best lights I could ob- fellow citizens,) the jealousy of a free spectable defensive posture, we may tain, I was well satisfied that our coun- people ought to be constantly awake; safely trust to temporary alliances for try, under all the circumstances of the since history and experience prove, extraordinary emergencies. case, had a right to take, and was that foreign influence is one of the Harmony, and a liberal intercourse bound, in duty and interest, to take a most baneful foes of republican govern- with all nations, are recommended by neutral position. Having taken it, I de- ment. But that jealously, to be useful, policy, humanity, and interest. But termined, as far as should depend upon must be impartial, else it becomes the even our commercial policy should me, to maintain it with moderation, instrument of the very influence to be hold an equal and impartial hand; nei- perseverance and firmness. avoided, instead of a defense against it. ther seeking nor granting exclusive fa- The considerations which respect the Excessive partiality for one foreign na- vors or preferences; consulting the nat- right to hold this conduct, it is not tion and excessive dislike for another, ural course of things; diffusing and di- necessary on this occasion to detail. I cause those whom they actuate to see versifying by gentle means the streams will only observe that, according to my danger only on one side, and serve to of commerce, but forcing nothing; es- understanding of the matter, that veil and even second the arts of influ- tablishing with powers so disposed, in right, so far from being denied by any ence on the other. Real patriots, who order to give trade a stable course, to of the belligerent powers, has been vir- may resist the intrigues of the favor- define the rights of our merchants, and tually admitted by all. ite, are liable to become suspected and to enable the government to support The duty of holding a neutral con- odious; while its tools and dupes usurp them, conventional rules of inter- duct may be inferred, without any the applause and confidence of the peo- course, the best that present cir- thing more, from the obligation which ple, to surrender their interests. cumstances and mutual opinion will justice and humanity impose on every The great rule of conduct for us, in permit, but temporary, and liable to be nation, in cases in which it is free to regard to foreign nations, is, in extend- from time to time abandoned or varied act, to maintain inviolate the relations ing our commercial relations, to have as experience and circumstances shall of peace and amity towards other na- with them as little political connection dictate; constantly keeping in view, tions. as possible. So far as we have already that it is folly in one nation to look for The inducements of interest for ob- formed engagements, let them be ful- disinterested favors from another; that serving that conduct will best be re- filled with perfect good faith:—Here let is must pay with a portion of its inde- ferred to your own reflections and ex- us stop. pendence for whatever it may accept perience. With me, a predominant mo- Europe has a set of primary inter- under that character; that by such ac- tive has been to endeavor to gain time ests, which to us have none, or a very ceptance, it may place itself in the to our country to settle and mature its remote relation. Hence, she must be condition of having given equivalents yet recent institutions, and to engaged in frequent controversies, the for nominal favors, and yet of being re- progress, without interruption, to that causes of which are essentially foreign degree of strength, and consistency to our concerns. Hence, therefore, it proached with ingratitude for not giv- which is necessary to give it, humanly must be unwise in us to implicate our- ing more. There can be no greater error selves, by artificial ties, in the ordi- than to expect, or calculate upon real speaking, the command of its own for- nary vicissitudes of her politics, or the favors from nation to nation. It is an tunes. Though in reviewing the incidents of ordinary combinations and collisions of illusion which experience must cure, my administration, I am unconscious her friendships or enmities. which a just pride ought to discard. Our detached and distant situation In offering to you, my countrymen, of intentional error, I am nevertheless invites and enables us to pursue a dif- these counsels of an old and affection- too sensible of my defects not to think ferent course. If we remain one people, ate friend, I dare not hope they will it probable that I may have committed under an efficient government, the pe- make the strong and lasting impres- many errors. Whatever they may be, I riod is not far off when we may defy sion I could wish; that they will con- fervently beseech the Almighty to material injury from external annoy- trol the usual current of the passions, avert or mitigate the evils to which ance; when we may take such an atti- or prevent our nation from running the they may tend. I shall also carry with tude as will cause the neutrality we course which has hitherto marked the me the hope that my country will may at any time resolve upon, to be destiny of nations, but if I may even never cease to view them with indul- scrupulously respected; when bellig- flatter myself that they may be pro- gence; and that, after forty-five years erent nations, under the impossibility ductive of some partial benefit, some of my life dedicated to its service, with of making acquisitions upon us, will occasional good; that they may now an upright zeal, the faults of incom- not lightly hazard the giving us provo- and then recur to moderate the fury of petent abilities will be consigned to ob- cation, when we may choose peace or party spirit, to warn against the mis- livion, as myself must soon be to the war, as our interest, guided by justice, chiefs of foreign intrigue, to guard mansions of rest. shall counsel. against the impostures of pretended pa- Relying on its kindness in this as in Why forego the advantages of so pe- triotism; this hope will be a full rec- other things, and actuated by that fer- culiar a situation? Why quit our own to ompense for the solicitude for your vent love towards it, which is so natu- stand upon foreign ground? Why, by welfare by which they have been dic- ral to a man who views in it the native interweaving our destiny with that of tated. soil of himself and his progenitors for any part of Europe, entangle our peace How far, in the discharge of my offi- several generations; I anticipate with and prosperity in the toils of European cial duties, I have been guided by the pleasing expectation that in which I ambition, rivalship, interest, humor, or principles which have been delineated, promise myself to realize, without caprice? the public records and other evidences alloy, the sweet enjoyment of partak- It is our true policy to steer clear of of my conduct must witness to you and ing, in the midst of my fellow citizens, permanent alliance with any portion of to the world. To myself, the assurance the benign influence of good laws under the foreign world; so far, I mean, as we of my own conscience is, that I have, at a free government—the ever favorite are now at liberty to do it; for let me least, believed myself to be guided by object of my heart, and the happy re- not be understood as capable of patron- them. ward, as I trust, of our mutual cares, izing infidelity to existing engage- In relation to the still subsisting war labors and dangers. ments. I hold the maxim no less appli- in Europe, my proclamation of the 22d GEO. WASHINGTON. cable to public than private affairs, of April, 1793, is the index to my plan. UNITED STATES, that honesty is always the best policy. Sanctioned by your approving voice, 17th September, 1796. I repeat it, therefore, let those engage- and by that of your representatives in Mr. THURMOND addressed the Chair. ments be observed in their genuine both houses of congress, the spirit of The PRESIDING OFFICER (Mr. sense. But in my opinion, it is unneces- that measure has continually governed SMITH of New Hampshire). The Senator sary, and would be unwise to extend me, uninfuenced by any attempts to from South Carolina, Mr. THURMOND, is them. deter or divert me from it. recognized. S802 CONGRESSIONAL RECORD — SENATE February 23, 1998 COMMENDING SENATOR LANDRIEU THE HIGHWAY BILL fortunate for many who work in road Mr. THURMOND. Mr. President, I Mr. BYRD. Mr. President, I have construction and related industries. wish to commend the able Senator come to the floor today to reiterate the Construction laborers and employers, from Louisiana, MARY LANDRIEU, for pressing need for early Senate action those who supply construction mate- the excellent manner in which she ren- on S.1173, the highway bill, commonly rials and equipment, thousands em- dered on this day, February 23, 1998, referred to as ISTEA II. The federal-aid ployed at engineering and design com- George Washington’s Farewell Address highway program expired on Septem- panies—these people and their families to the people of the United States. ber 30, last year. In November, Con- face an uncertain future because of the Incidentally, Washington did not gress passed a short-term extension of Congress’ failure to act promptly on publicly deliver this address. It is dated the program, but we included in that this very important highway bill. September 17, 1796, and it first ap- stop-gap measure a deadline for enact- Even now, the approaching May 1 peared 4 days later in the Philadelphia ing a new highway bill this year. And I deadline is having a disruptive impact Daily American Advertiser and then in remind my colleagues, the deadline of on road construction in some states, papers around the country. May 1 is fast approaching. The clock is and the disruptions will grow exponen- f ticking; the calendar is running. After tially if the deadline comes and passes May 1, 1998, no state will be able to ob- without enactment of a new highway SCHEDULE ligate any federal highway funds unless bill. For instance, the state of Missouri Mr. THURMOND. Mr. President, this a new highway bill has been signed into has announced it will stop bid-lettings morning, the Senate will be in a period law by that time. in April, Illinois and Ohio will follow of morning business until 3 p.m. by pre- So, Mr. President, at this point, suit on May 1, and the Tennessee De- vious consent. At 3 p.m. the Senate there are exactly 40 session-days re- partment of Transportation has told will begin debate on the campaign re- maining—including today—until the contractors that the state will delay form bill. As previously announced, no clock strikes midnight on May 1 and all federally-funded highway projects rollcall votes will occur during today’s every state’s ability to obligate federal beginning in March, when they will run session of the Senate. However, Mem- highway funds is suddenly and indefi- out of available intrastate mainte- bers should be prepared for votes dur- nitely cut off. The longer the Senate nance money. They will run out of re- ing Tuesday’s session of the Senate. waits to take up the legislation, the sources from other Federal programs Also, by previous consent, on Wednes- more likely it is that the federal-aid soon thereafter. day, February 25, at 11:30 a.m., the Sen- highway program will lapse and road So the State of Missouri will let its ate will proceed to the consideration of work in many states will slow to a last Federal contract in March. As I the veto message to accompany H.R. trickle or come to an abrupt halt. Un- have already indicated, the State of 2631, the military construction appro- like past delays in reauthorizing the Ohio will stop bid-letting on or around priations bill, with 2 hours of debate in highway program, the obligation of May 1, and the State of Illinois has re- order and a vote occurring on the veto highway funds will not go forward after ported that in the April-to-June time- message upon the expiration or yield- that date, if there is not new authoriz- frame it will be required to defer over ing back of that time. However, our ing legislation enacted by Congress in one-quarter of a billion dollars in former colleague, Senator Ribicoff, the meantime. Mr. President, that planned Federal projects. passed away, and it is my understand- means that unlike those past reauthor- As states announce delays in project ing that a few of our colleagues intend izations of the highway program, this bid-lettings, contractors know they to attend his funeral on Wednesday year it will come at the height of the will have more difficulty in finding morning in New York. Therefore, I now construction season. As a result, con- work for their employees and making anticipate the vote with respect to the struction workers are likely to be laid payments on their machinery and fa- veto message to occur at approxi- off, at a time of the year that many of cilities. If Congress has not enacted a mately 3 p.m. We will notify all Mem- them depend upon their largest pay- new highway bill by May 1, contractors bers as to the votes on Wednesday, checks to come in to help them and across the country will have to begin February 25, after consultation with their families. laying off their employees as projects the minority leader. And these lay-offs will not be mere are completed. According to officials at As Members are now aware, there are statistics, Mr. President. We are talk- the Associated General Contractors, a number of important issues that we ing about the loss of real jobs for real most companies will not begin rehiring hope the Senate will be able to address people who have real families. There construction workers until at least a prior to the Easter recess. Therefore, are thousands of road construction month after new legislation is enacted. all Members’ cooperation is appre- workers around the country whose jobs Furthermore, companies will stop ciated on the scheduling of votes and are in greater and greater risk each using their concrete, pipe, steel, ce- floor action. day that we delay action on the high- ment, asphalt and guardrail suppliers way bill. We in the Congress have an f and won’t use them again until 45–60 obligation to those workers and their days after new legislation becomes law. UNANIMOUS CONSENT families, our constituents, to beat the In addition, if the federal highway AGREEMENT May 1 deadline and prevent those lay- program is left unfunded for a number Mr. THURMOND. Mr. President, I offs and work stoppages from occur- of months, the employees of the con- now ask unanimous consent, notwith- ring. struction companies will attempt to standing the agreement of October 3, Let me describe just how important find employment elsewhere, I should 1997, that no amendments be in order this highway legislation is for the con- think. They have to continue to put prior to the motion to table the struction industry. According to the bread on that table for a wife and for McCain amendment. most recent biennial report of the U.S. children. If they are successful in gain- The PRESIDING OFFICER. Without Department of Transportation on the ing other employment, the construc- objection, it is so ordered. condition and performance of the na- tion companies will have to hire new f tion’s highways, federal, state, and employees, often requiring expensive local governments combined invest ap- and time-consuming job training. MORNING BUSINESS proximately $39 billion annually in If new federal highway funds are not The PRESIDING OFFICER. Under capital improvements to our roads and available after May 1, much of the the previous order, there will now be a bridges. That is a lot of money. That is summer construction season will be period for the transaction of morning $39 for every minute since Jesus Christ gone. If there is no new highway bill business until the hour of 3 p.m., with was born. Federal funds account for until September, the entire fall con- Senators permitted to speak therein 44% of that investment. That means, in struction season will be lost, and since for not to exceed 10 minutes. little more than two months, almost winter road construction is nearly im- Mr. BYRD addressed the Chair. half of all the funds spent on road con- possible in many of our northern tier The PRESIDING OFFICER. The Sen- struction in this country will dry up— states, construction and related indus- ator from West Virginia is recognized. disappear—and the results will be un- tries in those states may be out of February 23, 1998 CONGRESSIONAL RECORD — SENATE S803 work until spring, 1999. How many Mr. LEAHY. Mr. President, I applaud newspaper in this country over the companies will survive the loss of in- the Senator from West Virginia for his past month have been two stories: come for that lengthy period of time, comments on ISTEA. I note—he may Whether the United States will send Mr. President? What effect will it have have noted this before I came on the American soldiers into battle with on the families of construction workers floor—that the Washington Post today Iraq, whether people will die in Iraq on left unemployed because of our inac- had an article by Eric Pianin speaking both sides, or whether the President of tion, our delay on the highway bill? of the problems specifically, in the the United States had an affair months Remember, construction does not op- State of Vermont in getting this ago with a former White House intern. erate like an assembly line that can be ISTEA money through. In our State— Fueled by what have been titillating stopped and started again on short no- this also occurs in Maine and, obvi- leaks and innuendo, the story of the al- tice. The design and construction of ously, in parts of the beautiful State of leged affair and Special Prosecutor highway projects are carefully planned West Virginia—we have a very early Kenneth Starr’s investigation has, months in advance. Projects to be con- fall and extremely late spring and more often than not, stolen the lead. structed in September generally must heavy snows in between. We have a I have spoken before about the high be planned early on and funded by May. fairly short construction season. volume of information that apparently And if our inaction on the highway I hope that the majority leadership originates from prosecutor Starr’s of- bill cripples the construction industry, of both bodies will get this bill up, get fice. The press has cited as sources what effect will it have on the national it voted on, take the amendments up, ‘‘several Federal investigators,’’ ‘‘one economy? vote them up, and vote them down to official involved in the discussions,’’ or Mr. President, the last Census of the get it over with so that States—wheth- ‘‘sources close to independent counsel Construction Industry tallied 572,851 er it is West Virginia, or North Dakota, Kenneth Starr,’’ and ‘‘government offi- construction companies with a total or Vermont, or Arizona, or any other cials.’’ Whether or not the material employment of 4.6 million persons. The State represented by Senators now on concerns matters before the grand jury industry’s annual estimated payroll is the floor—could get on with this. may be relevant to whether a criminal $118 billion, and construction compa- I hate to think of the amount of violation occurred, but the distinction nies work on projects valued at ap- money that would be wasted if this is is of no relevance as a matter of pros- proximately $528 billion a year in the delayed much longer, and then we have ecutorial ethics. It is prosecutorial eth- United States. Clearly, crippling the to scramble to get the contracts out. It ics that I am concerned about. construction industry will have a rip- is taxpayer dollars that get wasted The distinguished senior Senator ple effect on our overall economy. where interests are not taken care of. from Pennsylvania, Senator SPECTER, The U.S. Department of Transpor- The Senator from West Virginia has who shares with me a former career as tation has estimated that every one been on the floor several times already a prosecutor—a career both of us are billion dollars invested in highway con- on this. He has certainly been diligent proud of—knows that a prosecutor’s struction creates 42,100 jobs. Passing in meetings with other Senators off the case should be tried in court and not the highway legislation by May 1 will floor. And I commend him for doing the press. When I spoke about Mr. release to the states billions of federal this. He is doing a service to the coun- Starr earlier, Senator SPECTER came to highway dollars, creating and preserv- try. the floor on January 27 to repeat Mr. ing hundreds of thousands of jobs Mr. BYRD. Mr. President, if the Sen- Starr’s ‘‘emphatic denial’’ that his of- across the country. But the clock, Mr. ator will yield. fice was in any way responsible for President, is ticking, and those jobs Mr. LEAHY. Certainly. these stories, as Senator SPECTER had a are put at greater risk with each pass- Mr. BYRD. Mr. President, I thank perfect right to do. But less than 2 ing day. the very distinguished senior Senator weeks after that denial—the denial Already, uncertainty about future from Vermont for his remarks. They made by Mr. Starr—Mr. Starr acknowl- highway funding is affecting the econ- are both timely and appropriate. I edged, on February 5, his ‘‘regret that omy. I am told by people in the con- deeply appreciate his contribution to there have been instances, so it would struction industry that contractors are this colloquy. appear, when that [grand jury secrecy] putting off hiring and purchasing deci- Vermont, like West Virginia—and rule has not been abided by,’’ and an- sions until they have a clearer idea of like many other States, as he has nounced that he was initiating an in- how much federal highway funding pointed out—has a short construction ternal investigation to determine there will be and when it will become seasons, especially when we think of whether his office was responsible for available. And if highway contractors winter, and spring, fall, and winter the leaks. Perhaps his ‘‘emphatic de- aren’t hiring or buying, other firms again. nial’’ was too hastily put. aren’t selling. Therefore, jobs are So the time is now. And I feel greatly We will see if Mr. Starr pursues that threatened in construction-related in- emboldened and encouraged by the internal investigation of his own office dustries, too. comments of the distinguished Senator with anything even approaching his With so much at stake, the Senate from Vermont. He is a stalwart sup- zealous pursuit of the President and should delay no longer. I implore the porter of all things that benefit his the First Lady. leadership to call up the highway bill State, and the other States of the One of the most disturbing spectacles now. The deadline is looming and a lot country. we have seen from Mr. Starr’s inquest of work lies ahead before we can send a I thank him very much. is that of a mother being hauled before bill to the President’s desk for his con- Mr. LEAHY. Mr. President, I thank a grand jury to reveal her intimate sideration and signature. We should be my good friend from West Virginia. I conversations with her own daughter. debating the bill today while the Sen- have had the privilege of serving with And she is, of course, not the only one. ate is not preoccupied with other mat- him for nearly a quarter of a century. According to press accounts, Monica ters. With only 40 session-days remain- He, of course, has served much longer Lewinsky’s close friends have had to ing, every day counts for those thou- than I. I appreciate it. fly in from California to testify, at sands of Americans whose livelihood Mr. President, I ask unanimous con- whatever expense that might be, to hir- depends on the uninterrupted flow of sent that I be allowed to use my full ing lawyers, and so forth. Bystanders— federal highway funds. morning business time normally allot- people who just happened to be stand- Let us fulfill our responsibilities, and ted. ing there—at White House events our obligation to those working Ameri- The PRESIDING OFFICER. Without where both the President and the cans, without further delay. We should objection, it is so ordered. former intern were both present have begin debating ISTEA now. f also been given grand jury subpoenas, Mr. President, I thank the Chair. as have those who used to supervise her I yield the floor. IRAQ AND THE INDEPENDENT work or work alongside the former in- Mr. LEAHY addressed the Chair. COUNSEL LAW tern. In this investigation, even the The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, dueling possibility of gossip based upon gossip, ator from Vermont. for the lead on the front page of every hearsay based upon hearsay, is enough S804 CONGRESSIONAL RECORD — SENATE February 23, 1998 to bring you into the chambers of Ken- Frankly, I can tell you right now if a investigators of unprecedented zeal- neth Starr. For witnesses, this may be child of mine confided in me, no grand otry. a matter of having to spend all the jury, no prosecutor, no runaway special Mr. President, I ask unanimous con- money you have saved for a college counsel would get me to talk about my sent I might have 5 more minutes. education, your children’s education, child. I would tell that special prosecu- The PRESIDING OFFICER (Mr. or anything else, to pay for lawyers, if tor, ‘‘Have you no shame? Have you no KYL). Without objection, it is so or- there is even a possibility that you shame?’’ I would go to jail before I dered. might have been somewhere in the area would ever disclose one word that a Mr. LEAHY. Mr. President, what is and might have known something— child of mine said to me. That is the troubling to me, I have been ap- even though you are not alleged to feeling this Vermonter has. And that is proached by law enforcement officers have done anything wrong, even the feeling of the shame of a prosecutor within our FBI who speak about being though nothing wrong was alleged to who would force a mother—a mother— concerned that they may be assigned have happened while you were standing to talk about what her daughter may to the special prosecutor’s office be- there. have told her. It is awful. cause they are going to be asked to But, as a father, no tactic was more Four States already have adopted or look into things they normally never shocking than the treatment that Mr. recognized some variant of the parent- would have looked into as law enforce- Starr gave the mother of the former child privilege. One Federal circuit to ment officers; that there is a reputa- White House intern at the center of consider whether a parent-child privi- tion that this special prosecutor’s of- this controversy. Every single parent lege should be recognized in Federal fice has of an overconcentration on pri- wants to be able to provide comfort proceedings, refused to recognize this vate sexual conduct of people—and not and advice to a son or a daughter who privilege stating: just the President but others as well— is in trouble or in need of solace. No at- The legislature, not the judiciary, is insti- that they are going to be asked to look torney, no doctor, no clergymen, no tutionally better equipped to perform the at things that as trained professional psychotherapist, no spouse would, in balancing of the competing policy issues re- law enforcement people they usually do most States, be faced with the awful quired in deciding whether the recognition of not look at. choice of the mother caught in the a parent-child privilege is in the best inter- I have also been approached by Se- machinations of Mr. Starr’s expanding ests of society. Congress, through its legisla- cret Service agents who talked to me investigation. Her choice, as I under- tive mechanisms, is also better suited for the about the fact that they have been task of defining the scope of any prospective stand it, was refuse to testify—refuse privilege. . . . In short, if a new privilege is called upon to protect foreign dig- to say what confidence she had shared deemed worthy of recognition, the wiser nitaries and others and now ask, are with her own daughter—and, if she did course in our opinion is to leave the adoption they going to be in a situation where refuse, be faced with contempt proceed- of such a privilege to Congress. In re Grand they don’t dare come close because ings, including possible jail time. She Jury Proceedings, 103 F.3d 1140 (3d Cir. 1996). they may overhear something of per- would either go to jail or betray her The third circuit is right to let Con- sonal conduct and may then be called child’s confidences. gress consider this important issue. We upon to testify to it? Do they have to This is the United States of America. in Congress should take up this chal- worry that in carrying out their own This is not the Star Chamber of hun- lenge since we apparently cannot trust duties they may find themselves bank- dreds of years ago. This is not the the sound judgment of certain prosecu- rupted paying lawyer fees later on? Spanish Inquisition. No child, no mat- tors. I am going to have a bill which This is a matter of some concern. I ter what their age, expects his or her will be a start. hope the feelings of these people are conversations with a parent to be dis- We have to assume the reason we not widespread, but they may well be. closed to prosecuting attorneys, com- have not had legislation on this before I have supported the independent pelling a parent to betray his or her is that prosecutors showed some discre- counsel statute in the past, but never child’s confidence is repugnant to fun- tion. A prosecutor is the most powerful before have I been so disturbed by the damental notions of family, fidelity, position, usually, in government. He or tactics, judgment, and, at minimum, and privacy. Indeed, I can think of she can decide not only when to bring the appearance of partisanship by an nothing more destructive of the family a prosecution but when to withhold, independent counsel as I have by those and family values, nor more undermin- whether to initiate an investigation or of Mr. Starr and his staff. At a time ing of frank communications between whether to withhold. Prosecutors gen- when we need an independent counsel parent and child, than the example of a erally do not think of bringing parents with the confidence of the American zealous prosecutor who decides to take in and browbeating them. But I am people, we do not have one. advantage of close-knit ties between going to ask for a study to see what For example, although a highly re- mother and daughter, of a prosecutor legislation we might have to prevent spected independent counsel, Robert who said, if a mother loves a daughter abuses in this area. Fiske, had concluded that Vincent Fos- and a daughter will go to a mother to Perhaps we should also confirm in ter’s death was a result of suicide, Mr. talk to that mother, then we are going legislation that there is a Secret Serv- Starr, prodded by Richard Mellon to grab the mother. Great family val- ice privilege. On this issue I am glad Scaife and other right-wing activists, ues, Mr. President. Great family val- the Justice Department has apparently reopened that investigation. He spent ues, Mr. Starr. concluded there is such a privilege. years doing it. He spent millions of dol- As one law professor said, ‘‘I want my Presidential security and privacy de- lars of taxpayers’ money doing it. He child to be able to come to me and mand such a privilege. Imagine if there dragged the Foster family and friends share anything in the world. Neither of were no such privilege. The challenge through that experience again. He us should be fearful in the back of our to this privilege could result in chang- made people again have to hire law- minds, that if I’m hauled in front of a ing the way our President and other of- yers. Then what happens? He reaches grand jury, I’ll either have to hurt my ficials, including foreign dignitaries, exactly the same conclusion that Mr. child or put myself in legal jeopardy.’’ are able to be protected. To avoid being Fiske did before, but doing the bidding If my child were in trouble and chose, witness to private conduct, will secu- of someone else. as I hope that child would, to come to rity details be forced to change where Mr. Starr publicly justifies his rush me, I would be loathe to have to refer they stand, where officers are placed, to secretly tape Monica Lewinsky to my child to an attorney or priest or how many officers are assigned, and so expand his Whitewater land deal inves- psychiatrist, because they have a privi- on? Without a privilege, will officers on tigation because a close friend of the lege, and say, ‘‘You can’t talk to your security detail be forced to carry liti- President helped her find a job. If the own father or your own mother.’’ Fam- gation insurance to pay for attorneys source of job offers can prove influence, ily bonds of blood, affection, loyalty when they are called upon to testify as then Kenneth Starr is in deep trouble and tradition deserve as much protec- to what they observed? We should not and probably he should consider resign- tion as the professional relationships of be forcing officers to change the way ing. Just 1 year ago, Mr. Starr accepted trust that are already protected by they carry out their duties simply to a job offer for a teaching position fund- legal privileges. avoid being called upon to testify by ed largely by Mr. Scaife, the same well- February 23, 1998 CONGRESSIONAL RECORD — SENATE S805 known conservative publisher and fin- sire, and the desire of so many others cussed some last year and, by agree- ancier who thought that the Foster in this Chamber, to see that the piece ment, is to be brought to the floor of case should be reopened, who has of legislation that authorizes spending the Senate this afternoon. Since our helped publicize allegations of wrong- on highways and roads, the building last discussion on this issue, I want to doing by the President. Who knows and repairing of our country’s infra- call my colleagues’ attention to two what the status of that job offer is structure, be brought to the floor of pieces of information in the newspaper now? the Senate, be debated and go to con- dealing with the two special elections In order for people to have confidence ference so that we can get this bill to the Congress that have been held in in the results of an investigation, that done and tell the Governors and the the interim period. One was in New investigation must be nonpartisan and other people in this country who are York, a special election to fill a va- perceived to be nonpartisan. That is waiting for this Congress to do its cancy in New York. It says: not the case when it comes to Mr. work that we have finally finished the RNC [Republicans National Committee] In- Starr. My friend from Pennsylvania, job. This is not some idle piece of legis- vests Heavily in ‘‘Issue’’ Attack Ads; $800,000 spent in New York House race. Senator SPECTER, as a former prosecu- lation that either may or may not be tor, fully appreciates that principle as enacted into law. The Congress has a It’s not hard to figure out who won well. I understand he, too, has ques- responsibility to deal with the issues of this race. Mr. President, $800,000 of out- tioned the wisdom of having Mr. Starr this country’s infrastructure, espe- side money called ‘‘issue ads,’’ unregu- head an investigation into the alleged cially bridges and roads and safety on lated by the current rules on campaign affair since his activities have raised our highways, and all of those issues finance—corporate money, unlimited quantities of money from any given such an appearance of partisanship. I are in the body of this legislation. again urge Mr. Starr to do what is in This legislation was supposed to have source stuck into a big pot and then sent into a district by a political party. the interests of the country and to con- been enacted by this Congress last And it is declared, under current cir- sider whether his judgment has been so year. Now we are told by some that cumstances and with current court de- affected, whether he is now so driven to last year’s business must wait until we cisions, that this is not a part of the in- achieve a result, that he should recon- have considered next year’s budget. vestment in those races. This nearly $1 That is preposterous. We should bring sider his own role in the process. million, with other funds included, was The Senator from Vermont must con- that bill to the floor now. We were told brought into the system in the form of clude that Prosecutor Starr has not it would be the first item of business issue ads—sham ads that were clearly used his power responsibly and has on the Senate calendar when we recon- direct 30-second advertisements ex- failed his duty. Kenneth Starr is not vened in January. It was not. Today we pressly waged for one purpose, and that the impartial, neutral and independent will take up campaign finance reform. was to attack and destroy a candidate prosecutor the American people need I am pleased that we are going to do of the other party. This was done, by now and the President, as would any that. But we should take up, expedi- the way, with a legal form of cheating American, deserves. tiously, the highway bill, debate it and made possible by today’s campaign fi- I predicted that his investigation pass it and get it to conference. nance law and current court decisions may mark the death knell of the inde- The highway bill, investing in our permitting issue ads, not so thinly dis- pendent counsel statute. Before it is re- country’s infrastructure, is about jobs, guised, to be waged in unlimited quan- authorized, we ought to take a hard economic expansion, retaining and cre- tity using unlimited corporate money, look at safeguards and accountability ating a first-class transportation sys- unlimited individual money and undis- here. To have a nation on the brink of tem. For a first-class economy to exist, closed so that no one, no one in this war preoccupied with affairs of the bed- it must have a first-class transpor- country, will discover where the money room rather than of state is an abomi- tation system, and that is what this came from. That is what is wrong with nation. More time has been spent on issue is about. Every day, people pull this current system. weekend talk shows talking about a up to the gas pumps and put some gas- We just had more recently a race in White House intern than on the Presi- oline in their automobiles. When they California. Same result; different dent’s decision whether to use force do so, they pay money, through a tax amounts. Two different groups, large against Iraq. on every gallon of that gasoline, that amounts of money coming into so- The good news is that while the rest goes into a trust fund that is to be used called issue advertising. Do they have a of the country may be distracted by in the highway bill that we are re- right to do this? Yes, they do. But do whom Mr. Starr will next drag before quired to authorize. The taxes are al- they have a right to wage advertise- his grand jury, the President and his ready paid. The question is, will we use ments in political campaigns with administration are properly focused on that money to invest in this country’s money that can come in huge blocks speaking to the American people about bridges and roads? Those who are driv- donated by corporations or very the circumstances that brought us to ing around this country know there is wealthy people to the tune of $50,000, the brink of battle. The administra- plenty yet to do. There is a big job $100,000 or $500,000 and then go into a tion’s preparations for battle surely ahead of us, and the quicker we get State and use it in a political race in a helped bring about the proposed agree- this legislation out of the Congress the Federal election and never have to dis- ment the United Nation’s Secretary better for this country. close where the money came from? I General Kofi Annan has reached with So, I appreciate the Senator from don’t think that’s fair. Iraqi officials, and I remain hopeful West Virginia, the Senator from Mon- If anybody on the floor of the Senate, that diplomacy, backed by the commit- tana, the Senator from Texas, Senator given what we have seen in the recent ment to use force, will result in a GRAMM, and others who have repeat- races in this country, can stand and peaceful resolution of this standoff. I edly come to the floor of the Senate say, ‘‘Gee, campaign finance reform, look forward to reviewing the details of saying this is not a partisan issue, this there’s nothing wrong here, things are that agreement. is not about parties; this is about in- just fine,’’ if anybody can honestly Mr. President, I thank my colleagues vestment in our country and that we stand on the floor of the U.S. Senate for their forbearance, and I yield the finish the work we didn’t get done last and say things are just fine, we have no floor. year and bring this important piece of problems with campaign finance re- The PRESIDING OFFICER. The Sen- legislation to the floor and pass it as form, I submit that they have not ator from North Dakota. soon as possible. watched what is happening around the f f country. We passed a piece of campaign fi- THE HIGHWAY BILL CAMPAIGN FINANCE REFORM nance reform legislation in 1974, and Mr. DORGAN. Mr. President, I lis- Mr. DORGAN. Mr. President, I would the rules since 1974 have been bent and tened with interest to the presentation like to turn just for a moment to the twisted and people have gone under by Senator BYRD, the distinguished issue of campaign finance reform which them and over them, and the result Senator from West Virginia, on the we will take up this afternoon at 3 p.m. now, not only because of what has hap- subject of the highway bill and his de- This is an issue, also, that was dis- pened with those rules but also because S806 CONGRESSIONAL RECORD — SENATE February 23, 1998 of some court decisions, is that we continue to run those. However, we are SENATOR RIBICOFF have a campaign finance system in not required, in my judgment, to tell Mr. WELLSTONE. Mr. President, let total chaos. television studios they must offer the me say to my colleague from Connecti- I come to the floor today to support lowest rate for these kinds of ads. cut, I imagine he came to the floor to the McCain-Feingold bill which will be Air pollution in this country is a speak about Senator Ribicoff. I will not voted on this week by the U.S. Senate. problem. We have been concerned be long. I will say, although I did not We have some Members of the Senate about air pollution for some long have a chance to know Senator who have stood and said, ‘‘We intend to while. One form of air pollution in this Ribicoff, I know so much about him. He filibuster; we don’t think that any- country is the kind of political com- was a great Senator. I pass on my sym- thing should be passed by the Congress; mercial that has been very successful. I pathy and love to the State of Con- we believe anything that Congress does don’t deign to suggest now we can ban necticut and his family. limits someone else’s speech.’’ And, in it. We can’t. Free speech in this coun- f effect, I guess they are saying there try and free political speech allows ought not be any rules. anybody to do anything they want in ISTEA We are told somehow that money is their campaigns in a 30- or 60-second speech in politics: The more money you Mr. WELLSTONE. Mr. President, let ad. have, the more speech you have, the me also thank my colleagues from more you are able to speak. Some of us But I believe we ought to give an in- West Virginia and North Dakota for believe that there ought to be in poli- centive for those who put commercials talking about ISTEA, the transpor- tics campaign finance reform that be- on the air during political campaigns tation bill, which is all about invest- gins to set some reasonable limits on that say to the American people, ment in infrastructure, which is all what kind of money is spent in politi- ‘‘Here’s what I stand for, here’s what I about investment in our economies. cal campaigns. We think that the cur- believe, here’s what I want to fight for And Minnesota is another State that rent regime of campaign finance is just as we debate the future of this coun- awaits anxiously for us to take up this completely spiraling out of control, try,’’ in which the candidate himself or piece of legislation and pass it. and we think the McCain-Feingold bill, herself asserts positions that they f while not perfect, is a good piece of leg- think ought to be a part of public dis- course and public debate. It seems to SECRETARY GENERAL KOFI islation for this Congress to enact. ANNAN Mr. President, I also intend to offer, me we ought to try to provide incen- if I am allowed in the context of these tives for that by saying the lowest rate Mr. WELLSTONE. Mr. President, I debates, one additional piece of legisla- card in campaigns, the lowest rate on want to talk about 2 issues, and I want tion I would like to mention just for a the bottom of the card, will go to com- to talk about them briefly. moment. Federal law currently pro- mercials that are at least 1 minute in First of all, I would like to talk vides that all television stations must length and on which the candidate ap- about this past weekend. I feel as if I offer candidates for Federal office the pears 75 percent of the time. speak on the floor of the Senate with a lowest rate on their advertising rate I don’t know if we are going to get to sense of history. Secretary General card for commercials for a certain that. I intend to offer it as an amend- Kofi Annan, Secretary General of the amount of time preceding the election. ment. United Nations, said when he went to To repeat, under current law, we say Iraq that he considered this to be a sa- First and foremost, I rise to say I candidates are entitled to the lowest cred mission. I think he was right. I support the McCain-Feingold bill. I rate on the rate card for political ad- think it was very important and is think Senator MCCAIN and Senator vertising for a certain period prior to very important for our country and the FEINGOLD have done a good job. Is it the election. international community to have re- Everyone has a right to put on the perfect? No. It is an awfully good start solve with Saddam Hussein and to air what they wish to put on the air to try to bring some order and estab- make it clear that it is extremely im- about their opponent. In politics, un- lish some thoughtful rules to a cam- portant that there be unhindered in- like most other forms of competition, paign finance system that is now a spection so that we, in fact, know what the normal discourse is to say, mess. exactly is going on in Iraq and, for that ‘‘There’s my opponent. Look at what I want to be involved in the debate in matter, for other countries, I wish it an awful person that opponent is. Let the coming hours, when I hear people would be the same in terms of develop- me tell you 18 awful things about my stand on the floor of the Senate and ment of weapons of mass destruction. opponent.’’ Is that the way you see air- say, ‘‘Gee, we think the campaign fi- Mr. President, I have to say this from lines advertise? ‘‘Look at my compet- nance system is wonderful,’’ because I the floor of the U.S. Senate. I believe ing airline over here. Let me tell you want to ask them what they have been as a Senator that war is always the about how awful they are, how awful reading, what they have been watch- last option. When you can talk instead their maintenance record is.’’ I don’t ing. Not the campaigns that I have of fight and when you can work out a think so. Is that the way automobile seen, not the reports that I have seen peaceful solution and when diplomacy companies advertise? No. It is the way about campaign finance awash in soft works and where there is a nonviolent people in politics advertise because it money, awash in issue ads financed by resolution to a conflict, the world is has worked. soft money flying all over the country better off for it. We should have no il- My point is this. I am going to offer to pollute the air waves, that never lusions, though sometimes people come an amendment that says we will allow the American people to under- to the floor of the Senate and people change the Federal law that requires stand who was the donor, who put in talk to each other and we get all the lowest rate on the rate card for the half a million dollars to go after this or pumped up and we talk about going to 60 days prior to elections. We will say that candidate. That has become a per- war and how awful Saddam Hussein is. that the television stations are re- version of fair rules and fair standards I certainly agree he is a very cruel— quired to offer that lowest rate only to in campaign finance reform, and I hope very cruel—man. But, Mr. President, television commercials that are 1 when we pass McCain-Feingold we will there is no question that if military ac- minute in length and only in cir- finally begin to make some order and tion was to be necessary, a lot of inno- cumstances where the candidate ap- some thoughtful response to campaign cent people would die. One child, one pears on the commercial 75 percent of finance reform. mother, one civilian in Iraq is one too the time. I thank the President, and I yield the many. One of our soldiers is one too Why do I do that? Because I would floor. many. like candidates to start taking some I am prayerfully thankful that Sad- ownership of their commercials instead Mr. WELLSTONE addressed the dam Hussein seems to have understood of the 30-second slash-and-burn com- Chair. the importance of these demands and, mercial that the candidate never ap- The PRESIDING OFFICER. The Sen- most important of all, because of the pears on. Oh, everybody has a right to ator from Minnesota. strong position that our country has February 23, 1998 CONGRESSIONAL RECORD — SENATE S807 taken and also because of the very, lem is, they don’t believe that their of this big money out of politics and at very skillful diplomacy—very skillful concerns are of much concern in the least move us a little bit more toward diplomacy—of the Secretary General, I Halls of the Congress or, for that mat- elections as opposed to auctions going would like to thank the Secretary Gen- ter, the White House, because they be- to the highest bidder. eral for his effort. lieve that the political process in Mr. President, I think that I have We haven’t dotted all the i’s and Washington, DC, has become so domi- about run out of my time. I yield the crossed all the t’s, and we have not nated by big money and special inter- floor to my colleagues from Connecti- seen the specifics, but I believe as a ests. cut. United States Senator that his mission How important it is that we at least Mr. DODD addressed the Chair. was a sacred mission. I am very hopeful take some steps toward eliminating The PRESIDING OFFICER. The Sen- that we will have a political settle- some of this corrupting influence of ator from Connecticut. ment. I am very hopeful that diplo- this big money and try to begin to f macy will have worked, and I think the make these campaigns sane, try to TRIBUTE TO SENATOR ABRAHAM world will be better for that. Whenever begin to make these campaigns at least RIBICOFF we can avoid loss of life, let’s first do a little bit more of a level playing that. field. Mr. DODD. Mr. President, I rise to So we all wait to see. From what I The Washington Post had an edi- commemorate an extraordinary life. have read, from what I have heard, and torial today: We in the U.S. Senate have lost a the Secretary General is a man who is McCain-Feingold is already a limited bill. former colleague and a leading light of the U.S. Senate—Abraham Ribicoff. very careful with his words, when he I agree. I wish we had the clean Abe Ribicoff, Mr. President, was born says he believes this will be acceptable money-clean election option passed by and raised in New Britain, CT. He was to the United Nations, to the Security Maine and Vermont, but McCain-Fein- the son of poor Polish immigrants. Yet Council, I don’t think he would have gold is a very important step forward. this humble son of Connecticut rose to said that unless there is good cause for For lack of votes, the original proposals it. meant to clean out the stables of congres- become one of our State’s and our So I am very hopeful that this will be sional campaign finance almost all have country’s most distinguished public acceptable to the Security Council, and been dropped. Congress’s indignation with servants. He served in this body for 18 we will have a resolution to this con- regard to financing of presidential United years—beginning in January of 1963 flict without having to go to war, with- States campaigns somehow does not extend and retiring in 1981. out having to take military action. to the financing of its own. One of the highest honors I have had f Well, I would just ask people in Min- in public life, Mr. President, was to nesota and people in the country: succeed Abe Ribicoff in the U.S. Sen- CAMPAIGN FINANCE REFORM Please be vigilant. Please keep an eye ate, and I take great pride in the fact Mr. WELLSTONE. Mr. President, let out on our work. Do not let the U.S. that in 1981 Abe Ribicoff placed my me briefly talk about this campaign fi- Senate block reform. And do not let name in nomination for this office. nance reform bill that is coming to the the U.S. Senate pass some piece of leg- Abe Ribicoff believed fervently that floor. By the way, this, I think, will be islation that has that made-for-Con- the highest calling one can have in the business of the Senate this week. gress look with a great acronym which American life is public service. He This is a core issue. This is the core pretends to do so much and ends up obeyed that calling as few Americans problem, and this is going to be a real doing so little. ever have. He is the only person in our important debate for our country. I That is the worst of all cases. I’d just Nation’s history to have served as a think it should be very clear to every- as soon we not do anything as opposed State legislator, a municipal judge, a body in the country where all of us to passing something which we claim U.S. Representative, a Governor, a stand. will make an enormous difference but Presidential Cabinet Secretary, and a I know we have differences. Probably really does not and will just add to the U.S. Senator. the Chair and I have differences on this disillusionment of people in our coun- But to appreciate Abe Ribicoff, it is issue. But I can’t help but believe that try. important to understand that he did we can’t get some good things done to- So I just say, this will be an impor- more than occupy an impressive collec- gether, because I can’t but believe that tant week. This is going to be an im- tion of public offices. What distin- any of us who have been through these portant debate. I hope we will get some guished Abe Ribicoff from his peers, campaigns just hate this system. It is things done. from his predecessors, and from those just crazy. For my own part, if the majority who have come after him is not the I remember when I ran in 1990 in Min- leader will let us, I will have a set of number of offices he held, but the man- nesota the first time around. It was as amendments that will apply to the ner in which he held them. Abe Ribicoff if the only thing that mattered was Congress. I will have a set of amend- brought to his life’s work integrity, how much money you had in terms of ments that will apply to our campaigns candor, high principle, an unshakeable who gets to run, in terms of whether which will be an effort to begin to go faith in America’s Government, and a you have a viable campaign, in terms after some of the influence of big deeply held belief in the goodness and of who wins, in terms of what issues money in congressional campaigns decency of our people. get discussed, in terms of who the peo- along with some of the other things Abe Ribicoff had the rarest and most ple are who have access to the Congress that we will be talking about, like soft important of all qualities we seek in all too often, as opposed to so many of money. public leaders—courage in the public the people who don’t. If I cannot bring those amendments arena. Time and again, in ways large This is a core issue, and if you be- to the floor in this debate, I will bring and small, he demonstrated a commit- lieve that each person should count as these amendments to the floor in the ment to principle even in the face of one and no more than one in a rep- next bill that comes up or the follow- fierce opposition. He was willing to resentative democracy, all the ways in ing bill that comes up, because I do not fight for what he believed to be right. which big money have come to domi- think there is any more important And he fought hard, though always—al- nate politics severely undercut our de- issue that is facing this country. ways—in a decent and honorable man- mocracy. As a matter of fact, I think it So to Minnesotans and to people in ner. is part of what has led to this serious the country: Please hold all of us ac- In Abe Ribicoff’s politics, there was decline of participation of our citizens countable. Do not let people get away no place for meanness, no place for per- which really can only lead to decline of with blocking reform. Do not let any of sonal attacks. He understood the im- our democracy. us get away with passing some piece of portance of public opinion, but he So there are many concerns that peo- legislation which has no teeth and never relied on polls to shape his politi- ple have, and they care about a lot of makes really no difference at all. Make cal decisions. He was guided not by issues that are important to them- sure that we take some steps in this emotion, not by numbers, but by judg- selves and their families. But the prob- U.S. Senate that will at least get some ment, by reason, and by principle. S808 CONGRESSIONAL RECORD — SENATE February 23, 1998 One of the defining moments in his and auspicious levels. He knew his Senator Abraham A. Ribicoff whose public life took place in 1968 at the share of Governors, of Senators, of passing yesterday we mourn on the Democratic National Convention. Here Presidents. But lest we forget, Mr. floor of the Senate today. I would like was a man, Mr. President, a first-term President, he also knew struggle. He to just add a few words to my col- Senator, not unaware that he was con- knew hardship growing up among the league’s extraordinary statement. fronting the entire national leadership shops and mills of New Britain, CT. Mr. President, as Senator DODD has of his party, willing to take a stand And he knew discrimination and he referred to that critical moment in the and make a very, very public display knew defeat, having lost his first cam- 1954 campaign of Senator Ribicoff for and call for civility in our society. paign in the Senate by a slim margin. Governor of Connecticut, when there In doing so on that day, he appealed, But even as he rose to the very top of were expressions of bigotry, of anti- in my view, to what is best about our public life, he never forgot about those Semitism, and Senator Ribicoff at a Nation and ourselves—our capacity for that he served. He knew that all prin- turning point in his own career rose to tolerance and understanding; our belief ciples are in the end empty letters and challenge those whispers directly in that in a truly civilized society we live hollow rhetoric if they are not con- the eloquent words that Senator DODD by the rule of law, not by the rule of nected to people’s lives. The instru- has spoken in what has become known force; that in fact it is right that ment of Government, the laws of the in Connecticut political lore as Abe makes might. land mean little if they do not help or- Ribicoff’s ‘‘American Dream Speech.’’ In this moment, the world learned dinary citizens surmount obstacles and In the bottom line of it was Senator what we in Connecticut had long obtain their noblest aspirations. Ribicoff saying, ‘‘Abe Ribicoff believes known, that Abe Ribicoff was a na- At a time when Medicare was de- in the American dream.’’ And indeed he tional gift. scribed as ‘‘socialism,’’ Abe Ribicoff did. The extraordinary life that he led His entire career stood above all for knew that it embodied the obligation that ended yesterday, after 87 years, is the belief that America is a land of of a compassionate society to care for a testament to the vitality of the limitless opportunity and equal justice. its elderly. When some called civil American dream. He abhorred discrimination in all its rights laws an affront to ‘‘States forms, and he knew it in his own life. rights,’’ he knew that they could make Mr. President, there are many other During his campaign for Governor in the promise of equal justice a reality great civilizations and democracies in 1954, an ugly whispering campaign for millions of Americans. When others the world, but I must say the more questioned whether Connecticut was said that a Governor and a Senator that I have the opportunity to visit ready for a Jewish Governor. Abe should not spend his time fussing about them the more I come back home ap- Ribicoff answered from the heart. In a highway safety, he knew that a tough preciating how unique this great coun- famous address in Connecticut, Abe approach to speeding and drunk driving try of ours is, how we have created Ribicoff said: would save lives and spare families im- here an ethic of mutual respect, of a measurable grief and sorrow. fairness of opportunity that has al- In this great country of ours, anybody, lowed people who are capable, who are even a poor kid from immigrant parents in We have spoken of Abraham Ribicoff New Britain, could achieve any office he as a public servant, but he was much willing to work hard to rise to the sought, or any position in private or public more than that. He was also a husband highest levels in our society, whether life, irrespective of race, color, creed, or reli- and a father. To his wife Casey and to it is in the public sector, the private gion. his family we convey our deepest sor- sector, in the arts, sports, whatever. The voters of Connecticut, Mr. Presi- row. In that moment of crisis, in a cam- dent, answered that they agreed with He was also a teacher. I consider my- paign that, if he had lost, probably his their Governor-elect. self extremely—extremely—fortunate public career would have ended, Abe Even when he himself was not to have been able to call on him many, Ribicoff stood up and directly con- touched by the sting of discrimination, many, many times since he left office fronted and challenged those who did he acted to do what was right. In 1956, in 1981 for his advice and counsel and not believe in the American dream, a young Senator from Massachusetts guidance and just good old political who were prepared to stimulate an ef- was mentioned as a possible Vice Presi- conversation. No one—no one—in this fort against him because of his reli- dential candidate. Ironically, many world of political life could have had a gion, to say that he believed in the Catholics, mindful of the discrimina- better mentor than I did in Abe American dream and had confidence tion that still existed against them, Ribicoff. that the people of Connecticut did. questioned whether America was ready Mr. President, I want to close with a Also, of course, they vindicated that for an Irish Catholic in the White reading from Hebrew text. It captures, confidence on election day. House after what had occurred to Al- I believe, the essence of this man whose His father was an immigrant from fred Smith in 1928. passing we all mourn today. Let me Poland—Polish, Jewish—came to New Abe Ribicoff, speaking to the Irish quote it: Britain, CT, worked at first as a ped- Catholic leadership of the Democratic A good name is to be chosen above wealth, dler, then as a factory worker, and Party, took exception. and character rather than silver and raised a son and other distinguished I never thought [he said] I’d see the day gold. members of the family who rose to ex- when a man of the Jewish faith had to plead Blessed is the one who bequeaths a good traordinary and proud heights. before a group of Irish Catholics about allow- name to his descendants. ing another Irish Catholic to be nominated There are three crowns: the crown of Torah, Abe Ribicoff worked for everything for the position [of Vice President]. the crown of priesthood, and the crown he achieved. He had—if I may borrow In no small measure, Mr. President, of royalty, from a phrase that my colleague men- But the crown of a good name excels them tioned earlier—he had a regal quality it was Abe Ribicoff’s faith—faith in his all. country and faith in a candidate that to him. It is a remarkable thing to say, Even a long life ends too soon, but a good when you think of the humble origins propelled John Kennedy to the Presi- name endures forever. dency just a few years later. Blessed is he whose noble deeds remain his from where he came, but it was within Once again, Mr. President, in 1976, memorial after his life on Earth is himself, his dignity, his intelligence, questions were raised about whether a ended. his civility, his honor and integrity southern Governor and a born-again Mr. President, I yield to my good that those qualities remarkably in the Baptist believer could serve as Presi- friend and colleague, Senator hurly-burly of the political life that we dent of the United States. Without a LIEBERMAN. lead remained intact. moment’s hesitation, this Connecticut The PRESIDING OFFICER. The Sen- He worked his way forward, ulti- Yankee said yes. Judge the man, judge ator from Connecticut is recognized. mately graduating from the University his ideas, but do not judge his personal Mr. LIEBERMAN. I thank the Chair of Chicago Law School. He came back faith. and thank my friend and senior col- to Connecticut and began to practice Abe Ribicoff lived most of his profes- league from Connecticut. I thank him law. And very soon he went into public sional life at the highest, most austere for his eloquent and moving tribute to life. February 23, 1998 CONGRESSIONAL RECORD — SENATE S809

As Senator DODD said, he has a Cabinet, Secretary of Health, Edu- some sense, he tested in a most public record that as far as we know is un- cation, and Welfare. He served there way the faith that my own dear par- equaled in America because of the ex- with distinction. He did some of the ents gave me that this is a great coun- traordinary range of offices he held— early work that led to the Medicare try, this is a country of opportunity; State legislator, judge, member of the Program, which today is so critical to people will judge you not by how you U.S. House of Representatives, Gov- so many millions of Americans to pro- worship but by how you work, how you ernor, Secretary of Health, Education vide decent health and is itself one of conduct yourself, what you propose to and Welfare in the Kennedy Cabinet, the reasons the average lifespan of the do. and then the capstone to his career, 18 American people is longer today than Of course, in that election in 1954, the extraordinarily distinguished and pro- it was before Medicare started. people of Connecticut vindicated Abe ductive years as a U.S. Senator. The truth is, as he said to those of us Ribicoff’s faith, my parents’ faith and I want to comment on a few of those who were privileged to know him and in that sense gave me that faith at a periods of his life and end with a per- as he said after his retirement from critical time in my own life. sonal word. When Abe Ribicoff became public life, that the year and a half as In the 1960s, as a college student, I Governor of the State of Connecticut, a member of the Cabinet were not the had the great opportunity to work for he led an administration that con- happiest years of his career. In fact, Senator Ribicoff for two summers. This stituted a turning point in the history they were probably the least satisfy- is sometimes what happens to Senate of our State and, in many ways, point- ing. He was very honest about it. He interns. We end up in the field of our ed the direction for the future of the said, ‘‘I’m used to being my own man. dreams, as it were, here in the U.S. Democratic Party. As I have been I was Governor, I was a Member of Con- Senate, first in 1962 on his committee, thinking over the last 24 hours of some gress. I’m used to being my own man, his Campaign Finance Committee, of the accomplishments that charac- instead of having to support positions working in the State, and then in the terized Abe Ribicoff’s career, it seems that are someone else’s that I really summer of 1963 as one of his first sum- to me he was a ‘‘new Democrat’’ before didn’t support or having to oppose mer interns. We developed, I don’t even anybody thought of the term. other positions that I really did sup- want to at that stage call it a friend- In Connecticut, where the party had port.’’ ship, but he was a mentor, he was a most of its strength in the cities, Abe He served with distinction but not teacher. I learned an enormous amount Ribicoff and others—including my col- with pleasure and took the opportunity from him and will forever be grateful league’s distinguished and beloved fa- to run for the U.S. Senate in 1962. That, that when a few years later, in 1970, I ther, Senator Tom DODD—reached out I think, was the most productive and decided to tackle public office as a from the cities to the suburbs, to the the most satisfying time of his remark- State senator, he was gutsy enough and smaller towns, and broadened the reach able career. He was again ahead of his supportive enough to endorse me. It of the Democratic Party in our State. time here. He worked on subjects like happened to be a Democratic primary In doing so, he not only achieved per- environmental protection before the against an incumbent, so it was quite a sonal success and paved the way for great burst of activity in that area oc- boost for a youngster, running without partisan success in the future through- curred in the 1970s. He had a hearing previous officeholding experience, to out the State but served with the pub- and invited the mother of the environ- receive the support of the distinguished lic and the public interest in Connecti- mental movement, Rachel Carson, U.S. Senator whom I have talked about cut mightily. Abe Ribicoff as Governor was a fiscal after she published her book ‘‘Silent in terms of compromise and the integ- conservative. He believed in balancing Spring,’’ to testify before his commit- rity of compromise. While it was true he was a moderate the budget. He believed in govern- tee. From that testimony, he worked man in many ways, and that helped mental reform. He focused on public on pesticides and other threats to the him to build the coalitions that made safety questions such as highway safe- environment and public health. He con- ty. He never hesitated to work across tinued the work that he started at things happen for his constituents and party lines. During his 6 years as Gov- HEW and played a leading role in the for the American people, Abe Ribicoff’s ernor, there were times when the Re- passage of the Medicare Program, serv- moderation was not a mushy vacuum publican Party controlled one or, I be- ing as a member of the Finance Com- moderation. It was full of principle; it lieve, both Houses of the State legisla- mittee. He continued the work he had was full of substance. As those of us ture. He had a guiding principle that he done in Connecticut on highway safety who knew and loved him also can tell adopted and articulated that carried and did some very important legisla- you, he was capable of leaving that him very well, right through the Sen- tive work to raise the standards for moderation to go to periods of white ate years. It is what he described as the automotive safety of the American heat when he felt strongly about some- integrity of compromise. He said, in people. He was a great believer in free thing and was prepared to step out on this business of politics there is noth- and fair trade and a strong supporter of those occasions, regardless of what the ing dishonorable and certainly not dis- the kind of governmental stimulus to political conventions would have told honest about compromising your ini- the private sector that creates eco- him to do. The most dramatic, well- tial position to get something done. nomic growth. He was very much in known example is the remarkable, cou- What is the value, he would say, of that sense a person of the Senate. rageous speech at the 1968 Democratic holding to that initial position as He worked very easily and com- National Convention that Senator strongly as you originally felt if just fortably across party lines. Again, re- DODD referred to. moving a little bit—as long as it is not membering the integrity of com- Abe Ribicoff was a towering figure against your conscience and your prin- promise in a body of 100 people with a who served with honor and great re- ciples—allowed you to do something lot of strong opinions, you need people sult. It is a source of great personal for the people. who are bridge builders, and Senator pride and no small amount of humility He had a distinguished, very popular Abe Ribicoff built some extraordinary that I have the opportunity to stand career as Governor, winning a very bridges that have so dramatically im- here as a U.S. Senator today to express close victory in 1954, then going on to proved the quality of American life. my own sadness at his passing and my win an enormous landslide in 1958. As Mr. President, if I may end on a per- own pride at the great career that he Senator DODD has said, he played a piv- sonal note, Senator Ribicoff was for me had and, finally, to offer my condo- otal role, along with our State Demo- a hero, an inspiration, and a mentor. In lences to his beloved wife Casey, to his cratic chairman, John Bailey, in the 1954, when he first ran for Governor, I children Peter and Jane, to his stepson election of JFK as President, there, was a kid in Stanford, CT, beginning to Peter, and to his six grandchildren. again, as my senior colleague has said, develop an interest in politics. I was Your father, your grandfather, served giving another testament to Abe taken by his strength, by his independ- America with great distinction and Ribicoff’s belief in the American ence, by the way he carried himself. served in a way that should give hope dream. Because he and I shared the same reli- to the millions of others out there who President Kennedy asked Senator gion—both members of a minority reli- may be, as he did long ago, forming Ribicoff to become a member of the gion—I wondered how he would fare. In their own American dream. S810 CONGRESSIONAL RECORD — SENATE February 23, 1998 I yield the floor. ‘‘He was a true leader and a leader in many ‘‘Ribicoff always made it appear as if he The PRESIDING OFFICER (Mr. ROB- ways that were first,’’ former Gov. William were above politics,’’ Zaiman wrote. ‘‘He ERTS). The Senator from Connecticut. A. O’Neill said Sunday. was, so he wanted the world to know, a grand Mr. DODD. I commend my colleague O’Neill recalled Mr. Ribicoff as an old-fash- independent. No politician would run him or for his eloquent statement and his re- ioned gentleman who nonetheless had strong tell him what to do. But, underneath, he will and fought for what he believed in. worked with Bailey and the professional membrances of Abe Ribicoff. ‘‘He was a very strong man, a firm man, On behalf of both of us, Mr. Presi- Democratic politicians. He used them; they yet a very compassionate person who looked used him. He got what he wanted. He gave dent, I ask unanimous consent to have out for those who could not look out for them, in the main, what they wanted. It was printed some very fine comments from themselves,’’ O’Neill said. ‘‘As far as politi- the best of all worlds for Ribicoff.’’ today’s editions of the Hartford Cou- cal courage, he had all you needed of that.’’ Perhaps no other political figure in the rant and the New Britain Herald, his Mr. Ribicoff was born in New Britain on state influenced so many historical changes: hometown newspaper. They did excel- April 9, 1910, son of Samuel and Rose Sable The first and only Jewish governor of his lent jobs in capturing the career and Ribicoff. state. He put himself through New York Univer- The transformation of Connecticut from a the essence of Abe Ribicoff. sity and married Ruth Siegel of Hartford be- There being no objection, the mate- Republican to a Democratic state. fore attending the University of Chicago Law The end of county government. rial was ordered to be printed in the School. The couple had two children, Peter The first successful state constitutional RECORD, as follows: Ribicoff of New York City and Jane Bishop convention, which changed the structure of [From the Hartford Courant, Feb. 23, 1998] of Del Mar, Calif. the General Assembly in 1965. ABRAHAM RIBICOFF DIES AT 87 Ruth Ribicoff died on April 12, 1972. He The joint Ribicoff-Bailey sponsorship of married Lois ‘‘Casey’’ Mathes of Florida the WAS CONGRESSMAN, GOVERNOR, CABINET MEM- Kennedy, the first Roman Catholic elected following August. BER AND U.S. SENATOR IN 4 DECADES OF PUB- president. LIC SERVICE AN EARLY CRUSADE HIS ONLY REGRET (By Charles F.J. Morse—Special to The Cou- Mr. Ribicoff’s public career spanned 42 The Kennedy victory was Mr. Ribicoff’s rant and David Lightman—Washington Bu- years. He lost an election only once. springboard to Washington. He was men- reau Chief) His first elective office, won in 1938, was a tioned for U.S. attorney general but was Abraham A. Ribicoff, a storybook politi- seat from Hartford in the state House of Rep- named secretary of health, education and cian whose rare mix of talent, timing and resentatives. From there he moved on to a welfare, resigning as governor on Jan. 21, luck took him from a boyhood dream in New Hartford Police Court judgeship. He was 1961. Britain to a distinguished third term in the elected to Congress, from the 1st District, in His resignation as governor was his only United States Senate, died of heart failure 1948 and as governor in 1954. regret. He acknowledged the excitement of After winning the state’s highest office by Sunday at the Hebrew Home in Riverdale, the times; being asked to become part of the N.Y. a hair, Mr. Ribicoff later issued an executive new Kennedy administration was too hard to He was 87. order mandating 30-day license suspensions resist, but in retrospect, he said, in 1992, ‘‘I One of the state’s most accomplished for drivers convicted of speeding. Thousands always felt badly about it; felt I didn’t fulfill Democrats, Mr. Ribicoff was Connecticut’s lost their licenses. my agreement with the people . . . I still first and only Jewish governor and one of its During 1956, the first year of its enforce- do.’’ longest-serving senators. And he became ment, 10,346 licenses were suspended for In 1962, he was elected to the Senate, suc- known nationally as President Kennedy’s speeding, as compared to only 372 suspen- ceeding retired U.S. Sen. Prescott Bush, fa- first secretary of health, education and wel- sions in the same period during 1955. In the ther of President Bush. Ironically, he suc- fare and later as the man who stood up to same year, traffic deaths were reduced by 38 ceeded the only man who ever beat him at Chicago Mayor Richard J. Daley during the from the 1955 total. the polls. Mr. Ribicoff had vainly challenged The anti-speeding crusade could have cost tumultuous 1968 Democratic National Con- Prescott Bush in 1952 at the tail end of his the gutsy young governor dearly. ‘‘Unless vention. second term as congressman. ‘‘Abe Ribicoff served Connecticut and our public officials have the guts to see it Mr. Ribicoff’s best-remembered national nation with great distinction, style and ele- through, nothing will work,’’ he responded to moment came not in the Senate, but in Chi- gance. He is truly one of the great leaders of his political critics. ‘‘We need tough, hard cago, live on national television, from the the 20th century,’’ U.S. Sen. Christopher J. measures if we are to save lives.’’ podium of the 1968 Democratic National Con- Connecticut’s highway deaths continued to Dodd, D-Conn., said Sunday. ‘‘He displayed vention. He had been expected to simply step drop, and Mr. Ribicoff’s stature soared. It courage and conviction throughout his life, up and nominate U.S. Sen. George S. McGov- rose even higher with his handling of the and he was a symbol for what public service ern of South Dakota for president. can and should be. He will be sorely missed.’’ catastrophic floods that hit the state in Au- That he did. Then he threw away the script Mr. Ribicoff left Washington in 1981, de- gust 1955. Four years later, he was re-elected and said, ‘‘If George McGovern were presi- clining to run for a fourth Senate term. He by a landslide. dent, we wouldn’t have to have gestapo tac- During that period, his timing served him went to New York to practice law, ‘‘the gen- tics in the streets of Chicago tonight.’’ well again. He was one of the first to urge eralist in a firm of 400 specialists,’’ he would As he spoke, he looked directly down at John F. Kennedy, a Roman Catholic, to run jest. the city’s legendary Mayor Richard J. Daley, In a 1992 interview, he explained why he re- for president. He always considered his sup- whose police were gassing and mauling turned to his Cornwall Bridge home and port of Kennedy one of the most important young anti-war protesters in full view of the sometimes took on the two-hour commute to moments of his political career. network cameras. midtown Manhattan instead of staying in ‘‘Kennedy said time and time again the Daley shouted back from his seat on the Washington to enjoy elder-statesman status. first man who thought he could be president floor. No microphone picked up his words, ‘‘I always felt that once a person no longer was Abe Ribicoff,’’ Mr. Ribicoff recalled in a but the cameras caught his red faced anger has power, he should get out,’’ Mr. Ribicoff 1979 interview. ‘‘In 1950, I said that Kennedy and some of the more obvious profane insults said from his Park Avenue office, ‘‘Nothing would be the first Catholic president of the formed by his lips as he glowered at Mr. is as sad as seeing a person who used to have United States. In Worcester, at the Massa- Ribicoff on the rostrum. power have none.’’ chusetts Democratic Convention of 1956, I When the uproar died down, Mr. Ribicoff’s STRONG-WILLED GENTLEMAN proposed Jack for vice president. I nomi- gaze returned to Daley and he added: ‘‘How nated him in Chicago.’’ Mr. Ribicoff always had a keen sense of hard it is . . . how hard it is to accept the U.S. Sen. Edward M. Kennedy, D-Mass., timing. He was a craftsman of the political truth.’’ surprise. said Sunday, ‘‘The Kennedy family has lost a On the eve of his election as governor in good and trusted friend.’’ GREATEST MOMENTS 1954, feeling the closeness of his challenge to The late Jack Zaiman, The Courant’s po- Of all that he did or said during his career, incumbent Republican Gov. John Davis litical writer for most of Mr. Ribicoff’s ca- Mr. Ribicoff used to talk of that Chicago mo- Lodge, and hearing some anti-Semitic under- reer, recalled ‘‘a charmed political life. It ment as the one with the greatest impact. currents, Mr. Ribicoff went on television and seemed that whatever he did, and however he Film of it still is often included as part of winged it from the heart, telling of his did it, it turned out right.’’ retrospectives of the ’60s. American dream: The people knew him instantly. He became ‘‘I really didn’t know what I was going to ‘‘In this great country of ours, anybody, the best-known political name in Connecti- say. I was just appalled at what we were see- even a poor kid from immigrant parents in cut, until Ella T. Grasso. ing on television. I felt that what was going New Britain, could achieve any office he In a 1985 remembrance piece, Zaiman wrote on out there was the real issue facing the sought, or any position in private or public that Mr. Ribicoff formed an ideal political party and the country,’’ he recalled. life, irrespective of race, color, creed or reli- relationship with John M. Bailey, the late McGovern later offered Mr. Ribicoff the gion.’’ state and national Democratic chairman. vice presidential spot on his ticket. Mr. No one can measure the impact of that The two had met by chance, as young Hart- Ribicoff declined. 11th-hour emotional candor, but he won the ford lawyers who happened to have rented of- ‘‘I didn’t lust for that type of office, I election by a slim 3,200 votes. fices in the same building at 750 Main St. didn’t want to run all over the country doing February 23, 1998 CONGRESSIONAL RECORD — SENATE S811 the chicken circuit and making political body wants to say bad things about every- Former Connecticut Gov. Lowell P. speeches, and I liked the Senate,’’ he said. thing.’’ Weicker Jr., a Republican turned independ- In 1976, Charles Kirbo of Atlanta, President What he did in 1968 was spontaneous and ent, who served with Ribicoff in the Senate, Carter’s personal friend and adviser, felt out heartfelt, not calculated to win political lauded Ribicoff as a man of courage who was Mr. Ribicoff about running for vice presi- points. Today’s politicians use their tempers never afraid to go out on a limb for what he dent. The answer was no, again. as weapons to win poll points, and Mr. believed. In the Senate, he listed his major accom- Ribicoff wanted none of that. ‘‘Abe Ribicoff did what he thought was plishments as joining John Stennis, a con- ‘‘I’m not a politician anymore,’’ he said. right and the devil take the consequences,’’ servative southern Democrat, to insist on Mr. Ribicoff would continue working in Weicker said. equal enforcement of new school desegrega- New York, though he contracted Alzheimer’s Ribicoff was known as a perfectionist and tion regulations in the North and South; the disease in later years. as one who got along with those in both par- When Mr. Ribicoff retired from the Senate, creation of a Department of Education and ties. Sen. Edward M. Kennedy, his longtime friend the revision of foreign trade regulations. His years as governor were marked by re- and ally, and former Senate Minority Leader Perhaps his greatest test came in 1978, forms of the state’s judiciary system, the Howard H. Baker Jr., R-Tenn., led the Senate when President Carter proposed the sale of elimination of county governments and edu- tributes. advanced American warplanes to Egypt and Kennedy said Mr. Ribicoff would be re- cation improvements. He helped win na- Saudi Arabia, over strong objections by membered ‘‘by all of us as a colleague who tional acclaim for Connecticut when he in- Israel, the American Jewish lobby and Amer- was both loved and listened to as a skillful stituted a program to suspend the driver’s li- ican Jews. leader on all the sensitive issues of foreign censes of speeders. The program helped de- In an unusual secret Senate session Mr. and domestic policy we face together.’’ crease highway fatalities. Ribicoff supported the sale, warning his col- Baker said Mr. Ribicoff had been ‘‘a giant Ribicoff retired from the Senate in 1981 to leagues that the Soviet Union was threaten- of the U.S. Senate.’’ join the New York law firm of Kaye, Scholer, ing the entire Middle East and its oil supply, His Connecticut colleagues at the time, Fierman, Hays & Handler, but he didn’t stay and that America had to have friends there Republican U.S. Sen. Lowell P. Weicker Jr., out of politics entirely and remained a popu- in addition to Israel. praised him as a ‘‘great friend and a valued lar adviser to presidents, governors and con- He saw lifelong friends turn on him as the mentor. gressional committees. He chaired a Reagan pressure mounted. ‘‘A government already comprised of too administration commission on military base But he led Carter’s supporters to the con- few Ribicoffs honestly can’t stand the loss of closings and testified before a panel on polit- troversial victory and said he felt com- Connecticut’s senior senator,’’ Weicker said. ical campaign reform. pletely vindicated by subsequent events in Looking back over his life, during a 1986 Ribicoff clearly enjoyed his status as an the area, including the Camp David accords. interview, Mr. Ribicoff said it was not a elder statesman. During a Democratic fund-raiser in Hart- piece of legislation but people who made the ‘‘I’ve been around the track a lot,’’ he said ford on Oct. 28, 1978, Carter acknowledged it. greatest impact on him—the people of Con- in a May 1993 interview. ‘‘I had the best of ‘‘Our commitment to Israel, our allegiance necticut during the floods of 1955. the years (in politics) and I don’t want a sin- to Israel, is unshakable,’’ Carter said. ‘‘I saw the grandeur of the whole state in gle year back.’’ the faces of the average citizen, their leaders ‘‘Sometimes there are nuances or complica- The PRESIDING OFFICER. The Sen- tions or facts that can’t be revealed at the and how they acted,’’ he said, ‘‘Everyone time. But over a period of weeks, I think you pitched in, Connecticut came together. ator from Minnesota. have always seen that when Abe Ribicoff That’s a memory I will always treasure.’’ Mr. GRAMS. Mr. President, I ask votes in Congress for a controversial issue, Besides his wife and two children, he leaves unanimous consent I be allowed to like for instance, the sale of F–15s to Egypt, a stepson, Peter Mathes, and six grand- speak up to 12 minutes. it seems to some that he may have made a children. The funeral will be at 11 a.m. Wednesday at The PRESIDING OFFICER. Without mistake or I have made a mistake in advo- Temple Emanu-El, 1 E. 65th St., at Park Av- objection, it is so ordered. cating it. enue, in New York City. ‘‘But we would never have induced Presi- f dent Sadat to come to Camp David had it not [From the New Britain Herald, Feb. 23, 1998] PUBLIC SERVICE CONTRIBUTIONS been for that vote,’’ Carter said. ABE RIBICOFF, NB NATIVE, DEAD AT 87 OF MINNESOTA BROADCASTERS KNOWING WHEN TO QUIT NEW YORK (AP).—Abraham A. Ribicoff, a Mr. GRAMS. Mr. President, I rise On May 3, 1979, Mr. Ribicoff summoned the former U.S. Senator and governor of Con- press to his Washington office for what was necticut who served as secretary of Health, today to recognize the public interest expected to be a routine announcement that Education and Welfare in the Kennedy ad- contributions of the radio and tele- he was seeking re-election. ministration, died Sunday. He was 87. vision broadcasters in my home state ‘‘As [former Senate Majority Leader] Mike Ribicoff, who suffered from Alzheimer’s of Minnesota. As a former broadcaster, Mansfield said,’’ Mr. Ribicoff told the gath- disease, died at a nursing home in Riverdale, I appreciate their efforts in our com- ering, ‘‘ ‘There is a time to stay and a time N.Y., said ABC’s Barbara Walters, a family munities, and their accomplishments to go.’ friend. ‘‘I’ve watched them come and go and I Ribicoff, a Democrat, had a public service should not be overlooked. have admiration for the men who know how career that spanned more than four decades. Last month, I reflected upon how to go out at the top of their careers. A per- ‘‘Connecticut and the nation have lost a radio has become an influential me- son who’s been in power a long time should patriot,’’ Connecticut Gov. John G. Rowland dium in the lives of many Americans know how to step aside and open up the po- said in a statement Sunday. ‘‘Abraham throughout its 78 years of operation in litical process.’’ Ribicoff was one of the greatest leaders in the United States. As my colleagues He had ended it—once again unexpect- Connecticut history. Beyond having served know, January was recognized as ‘‘Na- in all three branches of government, he stood edly—at the top of his form. His announce- tional Radio Month.’’ Today, I wanted ment stunned his party and his colleagues. for what was right regardless of the personal ‘‘Most people stay one term too long,’’ he consequences.’’ to highlight in broader terms, the ex- said later, convinced his timing had been Ribicoff began his career as a state legisla- traordinary influence and unselfish na- right. tor in the Connecticut General Assembly and ture of both radio and television broad- ‘‘There is no such thing as a unreplaceable went on to serve as a municipal judge, a con- casts. person. . . . Everyone is replaceable,’’ he gressman, governor of Connecticut, a mem- Broadcasts over the 12,200 radio sta- said. ber of Kennedy’s Cabinet, a member of the tions in the U.S. serve a variety of pur- When Mr. Ribicoff retired from the Senate United States delegation to the United Na- tions and, for the last 18 years of his career, poses. Radio communicates with listen- in 1981, he jointed the New York law firm of ers during time of emergency, informs Kaye, Scholer, Fierman, Hays & Handler. a U.S. senator. But he continued to advise presidents, gov- As a senator, Ribicoff gained national them of noteworthy community events ernors and Congress. prominence at the 1968 Democratic National such as fundraising drives, educates In the 1990s, he would discuss how his Convention, when he made a blistering them about developing stories and cur- brand of politics seemed worn. Civility was speech criticizing Chicago Mayor Richard J. rent events, and entertains during long no longer an important character trait; nas- Daley for the strong-arm tactics used to con- drives across our states. Americans lis- trol protesters. tiness was. When Democrats returned to Chi- ten to the radio an average of three cago for their convention in 1996, Mr. ‘‘I don’t think anyone involved in politics will forget his speech out in Chicago,’’ Con- hours and twelve minutes on weekdays, Ribicoff wanted nothing to do with it. Iron- and four hours and 42 minutes on week- ically, the man best remembered for engag- necticut Democratic Party Chairman Ed ing in harsh intraparty warfare had found to- Marcus said Sunday. ‘‘He certainly left his ends. day’s politics too harsh. mark on the political landscape of this coun- Similar to the listening power of ‘‘Everybody in politics today plays dirty,’’ try.’’ radio, television has also become a Mr. Ribicoff said in a 1996 interview. ‘‘Every- * * * * * vital part of our daily lives. Since the S812 CONGRESSIONAL RECORD — SENATE February 23, 1998 first television broadcast test in the neapolis have worked with Minnesota Compact. As a watered-down com- U.S. took place during the 1920s, this Job Services to set up a free inter- promise, the report sheds little light on medium has evolved and grown from active telephone hotline to connect the plight of dairy farmers both inside approximately 36 broadcast television employers with qualified applicants. the Compact region and around the na- stations in 1948 to more than 1,550 sta- Amazingly, this service registers 10,000 tion. Meanwhile, the New England tions across the country today. Accord- calls each month. milk tax continues to take its toll on ing to the National Association of Finally, some of my colleagues in the the most vulnerable consumers. Broadcasters, 98 percent of U.S. house- Senate have advocated that Congress Senator FEINGOLD and I were the au- holds currently own television receiv- or the Federal Communications Com- thors of the amendment which directed ers. And television is the main news mission mandate ‘‘free’’ or further dis- OMB to undertake an unbiased, inde- source for 70 percent of the American counted air time for political can- pendent study of the direct and indi- public. didates. While I share the concern of rect economic effects of the Northeast Mr. President, many of our country’s many of my colleagues over the de- Interstate Dairy Compact. Did we re- radio and television stations have par- creasing level of voter participation ceive an unbiased study? Hardly. I was ticipated in public service to their over the last few years, I believe pro- informed that Compact supporters had communities, not only out of statutory ponents of this idea should more close- plenty of input. Lacking the same po- obligation for the licenses they receive, ly examine the level to which broad- litical clout, opponents did not. What but because they have become part of casters are already raising the political the American people have received is a their communities’ way of life. I am awareness of the electorate through sanitized product of regional politics. proud of a recent Minnesota Broad- news coverage and free debate time. In It’s one more example of this adminis- casters Association survey of station 1996, two-thirds of Minnesota radio sta- tration’s failed dairy policy. executives in which all 16 commercial tions and four in ten television sta- The OMB has made it painfully clear television stations and 50 percent of tions offered free air time to political that they had neither the time, data, the 242 radio stations responded. As im- candidates, with many of those sta- nor resources to produce a meaningful pressive as these findings are, I am tions actually holding the events. analysis. This is not a legitimate ex- sure they represent only a microcosm Many more stations aired a local po- cuse for producing a report with exor- of the public interest contributions of litical affairs program or segment deal- bitant levels of ‘‘statistical uncer- our nation’s broadcasters. ing with the local elections, and spe- tainty.’’ We attempted to work with I was pleased to learn that radio and cial segments profiling candidates and OMB in addressing the issue of the in- television stations across Minnesota their positions on the issues. And near- adequate time frame for conducting a raised more than $19.4 million for char- ly all of the stations surveyed appealed meaningful study. At the beginning of the year, OMB asked for my assistance ities between June 1996 and June 1997, to their audiences to vote, whether in requesting a time-extension before including $65 million in donated air through public service announcements, the release of the report. I worked with time for Public Service Announce- public affairs programming or the them to obtain the short extension ments. The hundreds of public service news. These efforts by Minnesota’s they requested, in the interest of not announcements broadcast each week broadcasters have helped to restore the rushing through the project. This was highlighted such issues as AIDS aware- people’s faith and participation in our the only time an extension was re- ness, disaster relief, safety campaigns, democracy. quested even though I made it clear I drunk driving, and drug and crime edu- Through disaster relief efforts, holi- would work with them in obtaining cation programs. day safety initiatives, fund-raising Additionally, of those stations sur- further extensions as necessary. drives, school announcements, public So, why did OMB wait until the week veyed, 100 percent of television stations affairs programming, and weather before the initially scheduled release of and 95 percent of radio stations have emergency information, Minnesota the study to inform us that not enough helped charitable causes or needy indi- broadcasters have demonstrated their time had passed to produce a signifi- viduals through fund-raising and other commitment and dedication to public cant, decisive report? If OMB could see types of support. service. there still was a problem with insuffi- I know my constituents who suffered I am proud to say that in some in- cient data due to the limited time the through the midwest floods of 1997 are stances, these efforts have been recog- Compact has been in effect, they grateful to those stations in Minnesota nized by the Minnesota Broadcasters should have made a formal request for who were involved in local news broad- Association through their ‘‘Media Best an extension. casts, public service announcements, Awards’’ and by the National Associa- There was no attempt to seek an ex- public affairs programming, and off-air tion of Broadcasters annual ‘‘Crystal tension to allow a meaningful study, campaigns to aid disaster victims. Radio Awards.’’ only a veiled attempt to get this re- A typical example of the Minnesota I applaud the leadership shown by all quest off their plate—even if it resulted broadcasters’ efforts during last year’s of Minnesota’s stations, and am in an inferior product compromising spring floods is how Minnesota radio pleased to have shared their accom- the integrity of OMB. Aren’t the best and television stations worked to- plishments with the Senate. economists in the government at OMB? gether with their listeners to raise $1.6 f This study questions that presumption. million to help and assist the flood vic- The attitude in a staff briefing con- tims. These stations also produced a OMB’S STUDY OF THE NORTHEAST DAIRY COMPACT ducted by OMB three weeks ago was video titled ‘‘Beyond the Flood,’’ do- that it did not want this task, and nating the profits to the hundreds of Mr. GRAMS. Mr. President, I rise sought to get rid of it as soon as pos- thousands of Minnesotans who had today to express concern at the contin- sible. We expect OMB to conduct pro- their lives disrupted by the floods. ued efforts of some Members of Con- fessional and unbiased studies. Appar- Mr. President, the statistics I have gress to use dairy farmers and consum- ently, that is not possible. cited do not tell the whole story. There ers as vehicles for political manipula- Even without a decent report, we all have been hundreds of examples of how tion. know the Compact hurts consumers. Minnesota’s broadcasters have pro- Late in the day on Friday, February Milk prices have increased an average vided extraordinary local public serv- 12, the Office of Management and Budg- of 17 cents a gallon throughout New ice to communities around Minnesota. et released a study requested by Con- England. Those most adversely im- Additional past noteworthy accom- gress which is reported to be an analy- pacted include low-income families, plishments that come to mind include sis of the economic effects of the children, and elderly residents on fixed efforts by WJON–AM and its two sister Northeast Interstate Dairy Compact. incomes. stations in St. Cloud to raise money to Unfortunately, it appears only to be a Over the past year, a number of buy bulletproof vests for the police de- masterful work of political manipula- newspaper articles have appeared in partments. Its goal was $50,000, but ul- tion that skillfully avoids answering the New England region that have timately raised $75,000. And stations 92 the core question of what actually is questioned the legitimacy of the Com- KQRS–FM and 93.7 KEGE–FM in Min- the impact of the Northeast Dairy pact. I ask unanimous consent that a February 23, 1998 CONGRESSIONAL RECORD — SENATE S813 sampling of these be printed in the the loss in purchasing power to New York rate if petitioned by 35 percent of the state’s RECORD. food stamp recipients under the plan to ex- milk producers. There being no objection, the mate- ceed $11 million over 12 months, Also, New Another option supported by many farmers rial was ordered to be printed in the York taxpayers will pay $5 million more for is to have New York join the six New Eng- school meal programs. land states in the Northeast Interstate Dairy RECORD, as follows: The assistance plans would also hit the Compact, which would allow them to charge [From the Legislative Gazette, Nov. 3, 1997] New York metropolitan area hard, since it more for their milk. The states now in the GROUP CONCERNED ABOUT RAISING MILK has a large urban population. Over the next compact are receiving $1.31 more per hundred PRICES 12 months, the analysis found, downstate pounds for their milk than New York farm- (By Elysia Nest) residents can expect to pay $49 million in ers. higher milk costs under the plans. Consumer groups are urging both options Cookies will just have to go without it. The New York State Public Research be rejected. The study that Public Voice re- And morning coffee just won’t be the same. Group (NYPIRG) is also concerned. It op- leased yesterday predicted raising the price If Gov. George E. Pataki’s newly appointed poses ‘‘over-order’’ pricing, regardless of paid to farmers would translate to about 21 dairy task force agrees to artificially raise whether it is accomplished through adminis- cents a gallon more for milk. The average the price of milk to aid the state’s ailing trative action by the Department of Agri- upstate milk price per gallon is now $2.24. dairy farmers this week, low-income families culture and Markets or through participa- But it’s not just consumers who would suf- will be hit the hardest, according to John tion in the Northeast Interstate Dairy Com- fer, he said. The higher prices would encour- Schnittker, senior economist for Public pact. age larger farms to up production, thus al- Voice for Food and Health Policy. ‘‘There is little reason to believe that an lowing them to benefit significantly more Schnittker warned that boosting the price increase in dairy support will provide help to than smaller farmers. According to the dairy farmers receive for milk will cost the the small family farms that truly in need,’’ study, 53 percent of the revenue taken in state’s consumers $91 million over the next said Russ Haven, legislative director for from the increase in prices would go to only 12 months. That’s an increase of 21 cents a NYPIRG. ‘‘If anything, non-targeted assist- 18 percent of the producers. For the largest gallon. ance in the form of dairy price support will 400 dairies that would mean annual subsidies Also, the organization opposes the possibil- widen the disparity between large and small averaging $45,000 per farm. ity of New York joining in the Northeast milk producers. But farming interests say the consumer Interstate Dairy Compact for fear that it So while ‘‘milk may do a body good,’’ un- groups are only working to scare people. would raise prices for consumers without en- less the dairy task force can come up with a They say increased milk prices will be one hancing the long-term viability of small fair compromise between farmers and con- way to make it easier for small farmers to dairy farmers. sumers, many consumers will just have to go compete. The revenue would continue to flow to the without it. They also argue that costs to consumers largest producers, who would in turn produce ‘‘If the governor truly wanted to help fam- won’t necessarily increase just because farm- more milk, further shutting out the smaller ily farmers without hurting consumers, he ers are paid more. farms. The Compact allows New England to would focus more on further lowering their Rick Zimmerman, New York Farm Bureau receive a price for milk that is about the tax burden and removing unnecessary con- director of governmental relations, noted price set by the federal dairy program. This straints that increase the cost of doing busi- that the price of milk over the past year has price is currently $16.94 per 100 pounds of ness in the state,’’ said Mitola. not dipped as much as the price paid to farm- milk. The 14-member dairy task force is expected ers. Farmers are getting less for their milk. to meet this week. ‘‘It is unfortunate that the general public People are paying more. Schnittker sees is being scared by a group that pretends to danger signs ahead. [From the Record, Nov. 31, 1992] exist for the best interest of New York con- ‘‘The governor’s dairy task force should re- sumers,’’ Zimmerman said. ‘‘The facts are ject attempts to get a quick fix to these CONSUMER GROUPS: LET MARKET SET MILK PRICES clear. Public Voice is—merely a front for problems,’’ he said. ‘‘A price increase will milk processors who find it in their best in- (By Kenneth Lovett) harm the pocketbooks and the health of New terest to keep the farmers milk price as low York. The low-income consumer will be hit ALBANY.—If the government sets higher as possible.’’ the hardest. It robs families of purchasing milk prices for farmers, consumers are likely power. Dollars that are needed for groceries to pay more at the grocery store but New [From the Boston Globe, Dec. 2, 1997] will be spent on milk.’’ York’s small dairies aren’t likely to be any N.E. MILK TAX HITS NEEDY HARD But Rick Zimmerman of the New York better off, two consumer advocacy groups Farms Bureau said Public Voice is a front charged yesterday. (By Kevin G. Honan) group for dairy farmers. ‘‘They are farmer ‘‘It would be nothing more than a milk tax In the last several months consumers advocates,’’ he said, ‘‘not consumer advo- on consumers,’’ said John M. Schnittker, a throughout New England have seen their cates.’’ Zimmerman, however, said there is a senior economist with Public Voice for Food milk prices increase an average of 17 cents a short-term answer to the problem. and Health Policy, a Washington, D.C.-based gallon. The reason for the increase is the ‘‘This is an opportunity for the governor to think tank. Northeast Interstate Dairy Compact, which institute an emergency price increase for Public Voice and New York Citizens for a sets a minimum price that dairies must pay fluid milk that could prove of some assist- Sound Economy, a Westchester-based advo- farmers. The minimum is currently $1.46 a ance.’’ While the length of time that an arti- cacy group, said the industry and consumers gallon, or 13 percent above the federally set ficial price increase may be implemented is would be better off letting the free market national minimum. dictated by state law at 90 days, Zimmerman set the price of milk. Because of this surcharge on milk prices. said it may be just what the state needs to If really interested in helping small dairies New England consumers have paid an extra get the dairy farms back on track. survive, the state should continue to lower $16 million for milk since July. Massachu- Peter Gregg, spokesman for the Depart- the cost of doing business in New York, offer setts consumers were hit hardest, paying $7.4 ment of Agriculture and Markets, said he property tax relief for farmers and other di- million of the increase. According to a study has complete faith that the dairy task force rect incentives, they said. by a Washington agricultural policy group, will do what needs to be done. ‘‘Sixty years of federal intervention into the compact’s milk tax will add $32 million Still, Michele Mitola, director for New milk pricing has done nothing but accelerate to Massachusetts consumers’ grocery bills by York Citizens for a Sound Economy, said an the trend of fewer farms and smaller farms September 1998. artificial price increase would barely help that have been replaced by larger ones,’’ The compact is designed to protect New farmers at all. It would just be another con- Schnittker said. England dairy farmers, yet the benefits to sumer tax increase. Though declining, agriculture is still New the state are minimal, because Massachu- ‘‘It is bad enough that the federal govern- York’s and the Mid-Hudson’s No. 1 industry. setts has only about 350 dairy farmers, less ment has set prices for milk; to allow the Dairy farmers have long complained that than one-tenth of the New England total. state to artificially raise the price higher the federally-set milk prices are too low to Additionally, Massachusetts consumers will amounts to nothing but a tax increase for offset the steadily increasing cost of running pay almost half of the entire New England the state’s consumers,’’ she said. ‘‘As with their operations. The wholesale price of milk milk tax, yet 88 percent of the state’s $27 any consumption tax, the burden will be is about $12 per 100 pounds for New York million in milk tax revenues will benefit greatest on those at the lowest end of the in- farmers or $4.50 less than a year ago. out-of-state farmers. By next September, come scale. The governor is trying to sustain Gov. George Pataki last week formed a membership in the compact will cost Massa- an industry on the backs of the state’s con- task force to develop recommendations to chusetts consumers more than $90,000 in sumers. This is the equivalent of corporate help farmers without hurting consumers. milk taxes per Massachusetts dairy farmer. welfare, and consumers should not be forced Among the options being explored is There must be a better way to help farmers by the government to pay above-market whether the state should temporarily raise in need than a milk tax that places financial process to sustain any industry.’’ milk prices paid to farmers above the feder- stress and unfair burden on hundreds of In addition to the financial strain higher ally set rate. By law, New York’s agriculture thousands of working people, especially prices would cause, Public Voice estimates and markets commissioner can increase the lower-income families, children, and elderly S814 CONGRESSIONAL RECORD — SENATE February 23, 1998 residents on fixed incomes, who need milk at (The remarks of Mr. CLELAND per- this cooperative effort and for holding affordable prices. taining to the introduction of S. 1664 the third annual ‘‘Aid to Africa’’ ban- At a time when many low-income families are located in today’s RECORD under quet to raise funds for humanitarian are being hurt by severe cuts in food stamp projects. benefits, the compact’s milk price increases ‘‘Statements on Introduced Bills and are especially distressing. The purchase Joint Resolutions.’’) The Black Lion project is an example power for food stamp recipients decreased by f of the compassion and generosity that more than a half-million dollars in the first other countries appreciate and admire three months after the compact’s decision. THE VERY BAD DEBT BOXSCORE in the United States. It gives me great Over the coming year, the compact will cost Mr. HELMS. Mr. President, at the pleasure as the chairman of the Senate the state’s poorest residents more than $1 close of business Friday, February 20, Foreign Relations Africa Subcommit- million in lost purchasing power. 1998, the Federal debt stood at tee to know that Americans are finding Government programs that provide food $5,518,340,599,802.18 (Five trillion, five ways within the private sector to aid benefits for children are also particularly other countries in Africa. It is my vulnerable. National statistics show that hundred eighteen billion, three hun- children are the biggest milk consumers. In dred forty million, five hundred ninety- pleasure to ask the members of the fact, while children constitute only 29 per- nine thousand, eight hundred two dol- Senate to join me in recognizing and cent of the U.S. population, they drink 49 lars and eighteen cents). honoring the work of the members and percent of all milk sold. In Massachusetts, One year ago, February 20, 1997, the staff of Assist International, World over the first three months alone, the in- Federal debt stood at $5,340,668,000,000 Serv, the Hewlett Packard Foundation, creased expense for school lunch programs, (Five trillion, three hundred forty bil- and the Erie Area Chamber of Com- which provide many children with the one lion, six hundred sixty-eight million). merce. nutritious meal they have each day, was Twenty-five years ago, February 20, f $400,000. By September 1998, the compact will 1973, the Federal debt stood at cost school lunch programs statewide almost JOSEPH CHESHIRE WEBB (1915–1998) $2 million. $452,362,000,000 (Four hundred fifty-two Massachusetts Commissioner of Agri- billion, three hundred sixty-two mil- Mr. HELMS. Mr. President, as I culture Jay Healy, a member of the Compact lion) which reflects a debt increase of speak, the countless friends of Joe Commission, recently proposed an amend- more than $5 trillion— Webb have been sadly saying farewell ment to exempt school lunch programs from $5,065,978,599,802.18 (Five trillion, sixty- to him at services today in Raleigh and the milk tax, but that attempt was rejected five billion, nine hundred seventy-eight at Saint Matthews Church cemetery in by other commission members. million, five hundred ninety-nine thou- Hillsborough, Joe’s final resting place. I recognize that the compact’s goal is to Joseph Cheshire Webb, 83, died this help subsidize New England dairy farmers, sand, eight hundred two dollars and eighteen cents) during the past 25 past Friday afternoon after a distin- but penalizing the low-income, elderly, and guished career as trust officer for children is not the best method. Increased years. Wachovia Bank and Trust Company in training and tax relief programs are among f the options we should consider. Alternatives Raleigh—which he had served for dec- to the compact are necessary and could in- MEDICAL AID TO ETHIOPIA ades as head of that bank’s trust de- volve initiating lending programs with banks Mr. ASHCROFT. Mr. President, I rise partment. for preferential interest rates to small farm- today to acknowledge and honor the But it was not merely Joe’s able ers, or creating tax-relief initiatives on land service as a highly respected banker transfers, so families are not penalized when achievement of Assist International, World Serv, the Hewlett Packard Foun- that earned for him the wide circle of farms are transferred from one generation to friends who were saddened by the news the next. dation, and the Erie Area Chamber of It is now in the hands of the five Massa- Commerce in delivering medical aid to of his passing. Joe was thoughtful and caring with- chusetts members of the Northeast Dairy the people of Ethiopia. This group of out fail—and his sense of humor made Compact Commission. At the December com- organizations has worked to provide him welcome everywhere he went. pact meeting, the Massachusetts delegation medical equipment to Ethiopia that should offer a motion to rescind their pre- In other words, he was a genuinely can save hundreds of lives. This gener- vious vote in favor of the milk tax. Low-in- good guy, a sincere and honorable come families, children, and senior citizens ous gift, valued at over one million dol- friend. His service in the Navy during cannot afford to bear this burden. lars, will bring hope and health to World War II, his participation in the Mr. GRAMS. Opposition to the Com- many in Ethiopia. civic and business life of Raleigh and These organizations and the con- pact is growing among state legislators the State of North Carolina, and the cerned Americans associated with from the New England area. One state sincerity of his friendly personality them have demonstrated the true spirit may even be attempting to pull out of earned for him the respect and affec- of charity. The group cooperatively has the Compact. Those regions with the tion of all who knew him. most to lose are densely populated and donated a state-of-the-art cardiac To all of us who knew Joe Webb well, have fewer dairy farmers relative to heart monitoring unit to the Black he was what the late Senator Dick other regions. The result is an effective Lion Hospital—Ethiopia’s leading Russell of Georgia so often referred to subsidization by urban consumers. teaching medical facility. In addition as ‘‘one of Nature’s Noblemen.’’ A milk tax that burdens financially to the cardiac unit, beds, mattresses, I am proud to have been his friend, stressed working families—especially and other system support equipment Mr. President, and to have him as those of lower-income, who rely on rea- will be provided. mine. I shall miss him. sonable and affordable milk—is wrong. World Serv and Assist International f It is high time we put an end to par- have a strong history of providing hu- ROGER STEVENS—A GIANT FOR tisan, regional politics which block manitarian aid to relieve human suf- THE PERFORMING ARTS real, long-term, assistance for dairy fering in needy countries. Assist Inter- farmers. national donated medical equipment to Mr. KENNEDY. Mr. President, with I intend to continue my efforts to op- a site in Mongolia which was then ap- the death of Roger Stevens earlier this pose the Northeast Dairy Compact. proved by the World Health Organiza- month, the nation lost one of its great- This will include fighting to obtain a tion to perform open heart surgery. est leaders in the arts. Roger Stevens comprehensive, informative study on The Hewlett Packard Foundation do- was the Founding Chairman and its effects and consequences. nated the medical equipment in the unstoppable visionary for the John F. Mr. CLELAND addressed the Chair. Black Lion Project in its goal to ease Kennedy Center for the Performing The PRESIDING OFFICER. The Sen- human suffering internationally. Fi- Arts. Just inside the entrance of the ator from Georgia [Mr. CLELAND] is nally, the Chamber of Commerce of Center is a bust of Roger Stevens with recognized. Erie, Pennsylvania, has joined together those words inscribed to him. Mr. CLELAND. Mr. President, I ask with the other organizations and has Roger Stevens was a real estate mag- unanimous consent to speak for 12 min- raised the funding for transportation, nate who loved the excitement, energy utes. installation, and training costs of this and creativity of American theater. The PRESIDING OFFICER. Without project. Specifically, I commend the During his lifetime, he produced hun- objection, it is so ordered. Erie Area Chamber of Commerce for dreds of plays and musicals, including February 23, 1998 CONGRESSIONAL RECORD — SENATE S815 many of the nation’s all-time favorites such council members as: Agnes De Mille, their wedding anniversaries on New Year’s such as ‘‘West Side Story,’’ ‘‘Les Ralph Ellison, John Steinbeck, George Ste- Day and at the celebrations on New Year’s Miserables,’’ and ‘‘Annie.’’ vens, Sr., Gregory Peck, Oliver Smith, Leon- Eve at the Kennedy Center, and later on in It was Roger Stevens whose efforts ard Bernstein, Isaac Stern, William Pereira, our home. Christine would always wear a and extraordinary ability created Minoru Yamasaki, David Smith, and Philip white orchid given to her by Roger. Theirs Hanes. was a true love story for 60 years. Washington’s national cultural center This tells us the all encompassing vision Roger you will remain in our minds and which was later named for my brother, he had for culture in America. hearts. President Kennedy. The Kennedy Cen- I can tell you what working with him was You remain as a shining inspiration for ter today is truly the house that Roger like. generations to come. built, and it is a wonderful living me- If he believed in you—he gave you full Your life achievements will always be morial to my brother. It presents the reign to pursue your goals, and, while ob- cause for celebration. serving their development one could feel sup- And, we loved you! finest in the performing arts on its ported and understood. When there was a stages, and it is an extraordinary suc- project that he might not be completely fa- TRIBUTE BY WILLIAM MCCORMICK BLAIR cess. Washingtonians and an estimated miliar with, he would listen—look at the I knew Roger for forty-six years. He was a million visitors to Washington each budget and finally ask: ‘‘Do you believe in warm and wonderful friend and one of the year enjoy its performances and edu- it? Is it worthwhile for this Center? . . . most decent and honorable people I’ve ever cational programs. then, go for it.’’ If there was something that known. In St. Paul’s Cathedral in London, did not succeed, there would be no blame. He is gone now but his long and luminous there is a tribute to its great architect, Let’s learn from it and go to the next life has left us with indelible memories. project. I had the enormous privilege of working Christopher Wren. It says, ‘‘If you It was a very personal kind of leadership. closely with Roger during the Adlai Steven- would see his monument, look around He inspired others by his dedication and his son years when he was one of our most effec- you.’’ The Kennedy Center is a monu- intuitive genius in recognizing excellence. tive fund-raisers. He didn’t change over the ment to Roger Stevens’ too. Unless he was traveling for fund-raising or years—back then the same unassuming and I know that my brother would be scouting for new projects all over the world, modest nature, completely without pretense. very proud of the Center which bears he was day and night at the Center—hardly Roger used to say to me that if I could his name. All of us who value achieve- ever missing a performance. His curiosity block off a luncheon he would produce five or ment in the arts treasure the Center’s and thirst for knowledge were constantly fed six people, each of whom would contribute continued pursuit of Roger’s dream— by extensive reading. $50,000 to the campaign—a significant sum in He loved to attend rehearsals. He would those days—and produce he did. I remember that Washington will be a great center drop into every office—asked questions. His standing with him in the fields outside for the performing arts and that the memory was prodigious, especially for num- Adlai’s house in Libertyville and watching Kennedy Center will present the best in bers and budgets. During his era there was the private planes circling like angels before plays, symphonies, ballets and operas no need for long memos, strategy meetings landing to disgorge the contributors. And in from across the country and around or management meetings. He simply led the New York, when on occasion the networks the world. Roger Stevens made it pos- way—without too many words. We under- would refuse to put Adlai on national TV sible for all of us to share in that stood, the work was done, and wonderful pro- until the money was in hand, we went to grams were given. Everything fell into place. dream—and the nation owes him a tre- Roger, who would invariably say, ‘‘Don’t He elicited the best in each of us. worry, I’ll take care of it.’’ mendous debt. In moments of de´tente, he would enjoy The ‘‘Don’t worry, I’ll take care of it’’ ap- I ask unanimous consent that the good laughs, conversation, a glass of good proach carried over to the turbulent years tributes to Roger Stevens at a memo- wine, reports on artistic ventures and gossip during which the Kennedy Center was con- rial service on February 4 at Oak about artists. He loved to talk to artists, structed. There were difficult times and in- Street Cemetery Chapel in Georgetown staff, stagehands and volunteers—he would numerable provocations, frustrations with be printed in the RECORD. be informed about everything. architects, contractors, performers, play- There being no objection, the trib- Roger radiated a quality that was powerful wrights, etc., to say nothing of endless trips utes were ordered to be printed in the but benign. The power to make things hap- to the Hill seeking funds, but Roger was pen through the humble, plain and complete unfailingly generous, considerate, good RECORD, as follows: dedication for his cause. humored, and kind—and he made it all work. TRIBUTE BY MARTA ISTOMIN His generosity was as his commitment— I remember his first heart attack—he I came to the Kennedy Center in January enormous. called me from New York at six or seven in 1980 and worked closely with Roger Stevens My husband Eugene would make him laugh the morning telling me that he knew he had some 10 years and our friendship lasted ’til when he mimicked his way of approaching had a heart attack in his apartment, had the end. It was much more than friendship big donors. He would say ‘‘Look it.’’ ‘‘There gotten dressed and walked over to Lenox Hill from my part—it was admiration, affection is this great project. I’m giving X thousand Hospital, from where he was calling. He and respect, and the realization of the privi- dollars towards this play-opera. This is im- asked me to reschedule or take over some lege of being near such an extraordinary per- portant for our Cultural Center, to work for meetings, but admonished me not to call sonality—from whom I learned so much. everybody’s sake. Will you join me?’’ And so Christine, saying it was too early to bother Many have spoken and written about Rog- they did. But it was Roger who gave first, her and that he would call her in an hour. So er’s lifetime achievements. I can only speak and usually the most, and they followed. typically considerate, as always. first hand about those later years when he I recall that a beautiful Monet painting, Dear Christine, together with your inde- was involved in the development of the artis- one of the Nymphea Series hung in the living pendent spirit, you combined over the years tic dream of making the Kennedy Center a room of the Stevens’ home. One day it dis- a thoughtfulness, enthusiasm and warmth of genuine National Cultural Center—raising appeared. ‘‘Where’s the Monet?’’ ‘‘I sold it. friendship which you brought to everyone, the awareness of what true Art means—as We needed the money at the Center,’’ with- and a devotion to Roger so tender, so compared to just anything that carries the out even a sign of regret. That was Roger! thoughtful, so full of consideration and kind- label of Performing Arts—and we need to That was his extraordinary leadership. ness that it would be hard to suggest an know the difference! A Center that would be But there is another side of Roger which equal. a place where the best expression and excel- was perhaps less evident to the public. The Horace Greeley once said, ‘‘Fame is a lence of American Arts would be appreciated personal shining star of his life—Christine. vapor, popularity an accident, riches take and encouraged—while presenting the best One day I was waiting for him at his office wind, and those who cheer today will curse from around the world. looking at a beautiful picture of Christine tomorrow. Only one thing endures—char- At the Kennedy Center—the house that that he always had on his desk. I said, ‘‘She acter.’’ Roger built—there was an incandescent spir- is truly a beautiful woman.’’ He said, ‘‘Oh And it was his character that was Roger’s it within those walls—not only on the stages .. . so beautiful outside and inside,’’ and his ultimate strength. but before the performances were ever on eyes filled up as he spoke. Both he and Chris- So with unmeasured gratitude we remem- stage. The ideas, the preparation, the chal- tine have been missionaries. He was a lead- ber the impeccable dignity and integrity lenges, the excitement! It was Roger that in- ing champion for the Arts in America. that were the hallmarks of his life. For all of stilled that spirit. He was a passionate be- Christine’s mission has been first and fore- us, and particularly for Christine and liever and supporter of many projects—not most the companionship and care of Roger Christobel, there are those wonderful memo- only for the Theater—but for all forms of over a whole lifetime and their daughter ries. It is also for the little things we remem- arts. One of his extraordinary gifts was for Christabel. She also embraced humanitarian ber as well as the ones the obituaries have recognizing creative talent and for bringing and humane causes for which she works tire- been listing, that we send our love back to together the best artists. As an example, lessly. Because of their example, many have Roger. when he served as first chairman of the Na- been made aware of how determined dedica- Robert Ingersoll could have had Roger in tional Council on the Arts, he assembled tion can affect our world. They celebrated mind when he said of a friend, ‘‘He added to S816 CONGRESSIONAL RECORD — SENATE February 23, 1998 the sum of human joy, and were everyone to Mr. CLELAND. Mr. President, I sug- step toward reducing the taxpayers’ whom he did some loving service to bring a gest the absence of a quorum. burden last year in the very critical blossom to his grave, he would sleep tonight The PRESIDING OFFICER. The areas of capital gains, estate tax, and beneath a wilderness of flowers.’’ clerk will call the roll. families with children. TRIBUTE BY SENATOR EDWARD M. KENNEDY The legislative clerk proceeded to To go where we really need to go, There’s a famous saying that all men are call the roll. however, we must force the Congress to dust, but some are gold dust. And that’s how Mr. LOTT. Mr. President, I ask unan- act. we thought of Roger—a golden friend, one of imous consent that the order for the To make fundamental tax reform the finest friends our family ever had. Roger was an easy friend to love. He was a quorum call be rescinded. happen, we need a ‘‘forcing event,’’ a quiet, modest man; but his low-key manner The PRESIDING OFFICER. Without deadline. disguised energy, passion and ability of the objection, it is so ordered. I firmly believe that Congress will highest order. These three priceless qualities f never commit itself to replacing the earned him enormous success in his brilliant Tax Code with something simpler, flat- FUNDAMENTAL TAX REFORM career. But even more important, they ter, and growth-friendly, unless we cre- earned him the enduring respect and genuine Mr. LOTT. Mr. President, I want to ate our own deadline. affection of the countless people whose lives talk for just a few minutes about a For that reason, I want to announce he touched. long-term goal of many Senate Repub- He was well-known for saying very little, today that I will ask Budget Commit- and equally well-known for mumbling—a lot. licans, and I think most Americans. tee Chairman DOMENICI to put a sense- But if you paid close attention, you realized And that is fundamental tax reform. of-the-Senate provision in this year’s he was talking about ‘‘West Side Story’’ or a Our Tax Code contains the accumula- budget resolution that the current Tax thousand other creations that his mind’s eye tion of 85 years of various special inter- Code should be terminated as of De- could so clearly see, and the rest of us would est provisions, and provisions that cember 31, 2001. come to see in due course as well. have just been added through one tax I am also an original cosponsor of He was pre-eminent in real estate by pro- bill or another. And it has become Senator HUTCHINSON’s bill, S. 1520, The fession, especially for his legendary purchase more complicated, more difficult, and and sale of the Empire State Building— Tax Code Termination Act. Roger never did anything small. But as we more unfair with every passing year. In addition to the sense-of-the-Sen- all know, his heart and soul were with the Since the Federal Government first ate provision in the budget resolution, theater. started taxing Americans’ income, the we will vote on legislation like Senator So it was inevitable that Jack and Jackie tax beast has grown, and the power of HUTCHINSON’s bill this year. and Roger would find each other. Frankly, the tax collector along with it. That is It creates the deadline to force Wash- they came together like a magnet. From his why we need IRS reform, and why we ington and the American people to first days in public service, Jack had been will have an IRS reform bill on the make some hard choices but to make deeply committed to a leading role for the floor of the Senate by the end of March arts in the nation’s life. As my brother said the right choices. near the end of the 1960 campaign, ‘‘There is so that we can pass it before April 15th We will then be able to see who is se- a connection, hard to explain logically but of this year. It certainly is overdue. rious about replacing our rat’s nest easy to feel, between achievement in public But we have found a lot of the prob- Tax Code, and who wants to defend the life and progress in the arts. The Age of Peri- lems that we have suspected really do current tax system. cles was also the age of Phidias. The Age of exist and in many ways are worse than I yield the floor, Mr. President. Lorenzo de Medici was also the Age of the worst horror stories we have heard. I suggest the absence of a quorum. Leonardo da Vinci. the Age of Elizabeth was We now have a system in which the The PRESIDING OFFICER. The also the Age of Shakespeare. And the New Federal Government takes one dollar clerk will call the roll. Frontier for which I campaign in public life can also be a New Frontier for American out of every five dollars that you earn. The legislative clerk proceeded to art.’’ And the IRS uses its coercive powers to call the roll. So it was natural and inevitable that Jack pry into every aspect of financial life Mr. BYRD. Mr. President, I ask unan- would give Roger the assignment of estab- and personal life. It has gotten totally imous consent that the order for the lishing a national performing arts center out of control. quorum call be rescinded. here in Washington. Roger was a man after The copy of the Tax Code that I have The PRESIDING OFFICER. Without Jack’s heart—the difficult you do imme- here contains thousands of pages in objection, it is so ordered. diately, the impossible takes a little longer. very small print, and weighs 61⁄2 f Roger simply said, as he always did. ‘‘I’ll pounds. How could the average working take care of it.’’ And the rest is history—the MARKING THE SIXTY-SIXTH house that Roger built, a quarter mile from small businessman, farmer, rancher, or individual be expected to cope with and BIRTHDAY OF SENATOR EDWARD here—the beautiful living memorial to my M. KENNEDY brother. understand all that is in these two very In a sense, I inherited Roger from Jack. I large volumes? Mr. BYRD. Mr. President, the Senate often kidded Roger that he was a modern The IRS has an annual budget now of has been blessed with the presence of Robin Hood—robbing his friends to support $7.7 billion. We spend five times more many fine men and women over the the arts. to pay tax auditors to harass hard- past two centuries. Many of the great His special gift was not just constructing a figures in our country’s history played building, or planning the endless series of hit working citizens than we spend to plays and musicals that bore his special clean up Superfund waste sites. their parts before a Senate backdrop. stamp. Roger enriched the entire nation by It really doesn’t make sense. Names such as Daniel Webster, Henry instilling a higher appreciation across Amer- It is important that we in Congress Clay and John C. Calhoun leap to mind. ica for the possibilities of artistic achieve- admit that we are part of the problem I should say, incidentally, that I have ment. He had a remarkable eye for the best because every time we have good inten- been unable to find any piece of legisla- emerging playwrights and the best unknown tions we pass another tax bill that re- tion, certainly any major piece of leg- actors. He gave them a chance and a stage, duces taxes—hopefully, in most in- islation, that carries the name of Web- and he gave the nation a higher level of stances. But it doesn’t make it simpler. ster, Clay or Calhoun. They did not greatness. Roger succeeded where others failed be- In many ways it quite often makes it achieve their greatness by introducing cause he would never allow himself to be dis- more complicated. legislation and by seeing it enacted, tracted by the mean-spirited. He had a deter- The Congress writes the tax law. And but they spoke to the great issues of mination that could overcome any obstacle almost every time we pass a tax bill we the day and spoke with fervor and cou- or criticism. He was never burdened, some make the code more complex, increase rageously and with great vision. might add, by any sense of reality, which the burden on the taxpayer, and make But there are speakers, thinkers and made him all the more endearing and suc- it harder to enforce. leaders in more recent times as well, cessful, when many others would have failed. For all of these reasons, America and I think of Robert Taft of Ohio, re- Above all, it was Roger and Christine to- gether—they brought a new era of grace to needs fundamental tax reform. nowned in his day for his integrity and Washington and new sense of achievement Incremental tax cuts are good. And I intelligence; I think of Georgia’s eru- that reflects the best of the human spirit. We hope we can have some this year. And dite, gentlemanly Richard Russell; and miss you, Roger, and we always will. I am glad we were able to take a small of the wise, capable Mike Mansfield February 23, 1998 CONGRESSIONAL RECORD — SENATE S817 from Montana. To these names I would simply to endorse the efforts of his col- It is as simple as this: No one should like to add, today, one of my most es- leagues or to introduce a bill for the be forced to make a political contribu- teemed colleagues and best friends in sole purpose of providing fodder for a tion. That is pretty elementary, and the Senate family—EDWARD M. KEN- self-serving press release, Senator KEN- overwhelmingly Americans, including NEDY, who, on yesterday, celebrated his NEDY brings to each of his legislative union members, agree with that. No 66th birthday. endeavors the diligence, savvy, and bi- one should be compelled by a union or Oh, to be 66 again! partisanship that have made him a a corporation or a Congress to give From my perspective, of course, great lawmaker. their hard-earned dollars to a can- turning 66 places one in the springtime Finally, I wish to salute Senator didate or a campaign. And yet, millions of one’s life. What is truly remarkable KENNEDY’s idealism. Throughout his of our fellow Americans are held up about Senator KENNEDY is that, despite career, Senator KENNEDY has fought for like that, not at the point of a gun but his relative youth, he ranks third in se- a simple premise: that our society’s through misuse of their union dues. niority in the Senate. Indeed, having greatness lies in its ability and willing- I am the son of a shipyard worker, a begun his senatorial career at the ten- ness to provide for its less fortunate pipefitter, a pipefitter union member, der age of 30, there is no reason why members. Whether striving to increase and even, as I understand it, tempo- Senator KENNEDY may not grace this the minimum wage, to ensure that all rarily a union steward. I grew up in a chamber with his presence for another children have medical insurance, or to blue-collar family. I grew up with my 35 years (although I assure my col- secure open access to higher education, father going to work in a shipyard, and league that, while he may have the Senator KENNEDY has shown time and I am very sympathetic to how they upper hand on me in years, I am in no time again that he cares deeply for work—the conditions they used to have rush to relinquish my seniority to those whose needs greatly exceed their to work in and the fact that those con- him!). political clout. Unbowed by personal ditions are better now. But Senator KENNEDY’s career is not setbacks or by the terrible sorrow that But I know my father would have ob- adequately measured in years. Rather, has been visited upon his family time jected strenuously to his union dues if we are to fairly and truthfully evalu- and time again, his idealism burns being taken and used for political pur- ate the career of the senior Senator forth as resolutely and indefatigably as poses with which he did not agree. Di- from Massachusetts, we must reckon the torch burning over the grave of his verting workers’ earnings to campaign with the hard work, the legislative brother, President John F. Kennedy. coffers of some favorite politicians in skill, and the undiminished idealism And so, Mr. President, it gives me some other part of the country, that that have been the hallmarks of his great pleasure to wish my good friend certainly is a legitimate concern. No Senate tenure. I shall elaborate on and beloved colleague, TED KENNEDY, a matter who does it, we shouldn’t be al- each of these points in turn. happy, healthy 66th birthday. lowing that to happen. I begin with hard work. For, far from I yield the floor. If we are serious about reforming the relaxing upon his well-deserved laurels, f Nation’s campaign finance laws, this is Senator KENNEDY continues to put PAYCHECK PROTECTION ACT the place to start, by protecting work- many of his far younger colleagues to ers’ paychecks. shame with his willingness to put in The PRESIDING OFFICER (Ms. COL- This bill before us, which is largely long hours. I for one have always found LINS). Under the previous order, the the work of my colleague from Okla- it doubly fitting that Senator KENNEDY hour of 3 p.m. having arrived, the Sen- homa, Senator NICKLES, is the gate is the ranking member (and former ate will now proceed to the campaign through which campaign finance re- Chairman) of the Senate Labor Com- finance reform legislation. The clerk form must proceed if it is to proceed at mittee. For the Senator is not just a will report the bill. all. Whatever our respective views on passionate advocate of the causes of The bill clerk read as follows: other aspects of the campaign finance working men and women; he is also one A bill (S. 1663) to protect individuals from debate, support for paycheck protec- of the most industrious members of having their money involuntarily collected tion is a litmus test of whether we are and used for politics by a corporation or this body, and a man whose tireless labor organization. serious or whether we are credible. labor continues to inspire others. Sen- Opponents of paycheck protection The Senate proceeded to consider the ator KENNEDY knows well that, as have created quite a stir about other bill. Thomas Edison pointed out several Mr. McCONNELL. Madam President, problems they perceive with campaign generations ago, ‘‘there is no sub- I suggest the absence of a quorum. finance reform. They remind me of the stitute for hard work,’’ and his success The PRESIDING OFFICER. The overly zealous policeman writing a as a legislator owes much to his energy clerk will call the roll. ticket for a car parked just 3 inches too and dedication. The bill clerk proceeded to call the close to a fire hydrant while a brutal This brings me to my second point: roll. mugging takes place right behind his the remarkable legislative acumen of Mr. LOTT. Madam President, I ask back. In fact, the workers of America my dear friend from Massachusetts. unanimous consent that the order for are mugged every time they are forced Senator KENNEDY first ran for the Sen- the quorum call be rescinded. to contribute to candidates and to ate in 1962 under the slogan ‘‘He can do The PRESIDING OFFICER. Without causes they do not support. more for Massachusetts,’’ and he has objection, it is so ordered. The bills that have thus far been certainly more than lived up to those Mr. LOTT. Madam President, spring called ‘‘campaign finance reform’’ words. Massachusetts and the rest of has come early to Washington this would not do a thing about that, but, the country owe a debt of gratitude to year, and the Senate’s return to the golly, they would sure write parking Senator KENNEDY. I will not try to re- subject of campaign finance will tickets. cite all of his legislative achievements. strengthen the impression that we This Senate over the past 2 years has Though many may consider me an ora- have already entered the television been able to reach consensus on a lot of tor of the old school, I have no inten- rerun season. The evening news, I fear, difficult issues. It hasn’t been easy. We tion of delaying the business of this for the next few nights will seem like a have worked hard reaching consensus, body for the many hours that such a replay of events from last fall when agreeing to welfare reform and last recitation would require. Instead, let two irreconcilable points of view met year the budget agreement and tax re- me just point out a few of his more re- on the Senate floor and reached a ductions. It took weeks, it took cent achievements, such as stalemate. months, it took sacrifice, it took give AmeriCorps, the School-to-Work Op- We agreed to try again at some time and take. That atmosphere has not de- portunity Act, the Family and Medical before March 6, and so, pursuant to veloped with campaign finance reform. Leave Act, and the Job Training Part- that agreement, I have laid down a bill You would think we could reach a con- nership Act (and subsequent amend- that embodies the most important sensus, but the consensus is not there ments). Few Senators have been as suc- campaign finance reform of all: pay- yet. Both sides have to want consensus, cessful and as skillful as Senator KEN- check protection. The bill, S. 1663, is at and a consensus would have to do five NEDY at passing bills. Never content the desk. things: S818 CONGRESSIONAL RECORD — SENATE February 23, 1998 First, respect the constitutional have been limiting participation. We tion, in my opinion, toward more con- rights of every American to engage in have been making it more difficult for trols, more restrictions, and less ac- the political process as those rights candidates to be able to raise the countability. We should go the other were enunciated by the Supreme Court money to get their message out, and way. We should try to replicate on a in Buckley v. Valeo. We don’t need less there are a lot of people I figure who national scale the spirit of a town participation by Americans at all would like to really put elections in meeting in which every person is free stages of life and in all avenues in elec- the control of the national news media, to speak, free to complain, and free to tions; we need more participation. We the national broadcasters, certain lim- hold accountable those in positions of shouldn’t be trying to restrict their ex- ited organizations. power. pression; we ought to be encouraging it I have said here before, if I were at The bill I have presented advances to take advantage of every opportunity the mercy of the major newspaper in that goal by protecting workers’ pay- to express themselves and express their my State and the biggest television checks against political abuse. Let us views on issues and, yes, on candidates, station in my State, I would be trying agree to do this today and then explore and not sometime far off removed from lawsuits in Pascagoula, MS, and mak- other possible accords. If we can take an election when people are not paying ing a lot more money, but I was able to this one step, this modest step, it could attention. As a matter of fact, I think get out and get my message across in be the one that would break the dam one of the things we ought to do is spite of the opposition of the establish- and allow us to do some of the other shorten the length of campaigns and ment, the courthouse gangs, and the things that we probably could agree to. compact them if we can, but there is a news media with their prejudices. I was But, no, it is said that this is a poison little problem with that, too. That able to go directly to the people. Would pill—a poison pill—when the American would be my desire, but how do you do the proposal that we have heard— people know it is the right thing to do, it constitutionally? McCain-Feingold—help that? No. It when union members support it over- Second, encourage greater participa- would cut that off. whelmingly, when what we are really tion by citizens in the political process. All the laws already on the books did talking about is voluntarily agreeing Third, ensure that any and all con- not prevent, by the way, the most bla- to have your money used. tributions to a campaign are abso- tant, the most egregious, the most of- That is a very American thing we are lutely voluntary. fensive disregard of the law in the last trying to do, I think. We should stop Fourth, restrict the power of Govern- Presidential campaign. I mean, this the confiscation of workers’ earnings ment officials to meddle in campaigns idea of ‘‘stop me before I do it again,’’ for the benefit of politicians. Then we and to intimidate citizens who partici- I do not think should sell. can finish campaign finance reform in pate in them. The first thing we should do with our a true sense and move on to other mat- And fifth, and last, safeguard Ameri- campaigns in America is to comply ters the American people want us to ca’s elections from foreign influence. with the laws on the books. That is deal with. All of us should be able to rally where the problem was. The last elec- Let me just say that we are going to have a full debate on this today, to- around those very basic principles, I tion, you know, did not have problems morrow, Wednesday; and there will be think. Unfortunately, though, many in because we had people who were doing votes on it as we agreed to last year. this Chamber don’t seem to want a things that we could stop with this But I want to remind my colleagues consensus. What they want is an ad- bill; they were violating the law. That that after this, we have pending some vantage, an unfair advantage for some is what caused the problem. really important issues, including candidates, some special interests, and Foreign contributions are illegal. issues involving education in America, some contributors, but not for all. Many of the problems that we saw in highway construction in America, Sure, let’s be real honest. Democrats the last election were illegal. Now NATO enlargement, a budget resolu- would like to limit contributions from some people say, ‘‘Well, we’ve got to tion, supplemental appropriations to groups that support Republicans, but if stop the efforts of people to help the provide funds for the situations in Bos- you talk about any kind of fair restric- parties.’’ I thought we were supposed nia and Iraq, and to make a decision tion on their supporters, oh, no, that’s to help the two-party system in Amer- not fair. They want to tilt the Nation’s about how to deal with IMF. ica. We should encourage the two-party We are talking about Internal Reve- campaign laws and, in the process, dis- system. We should encourage parties to nue Service reform, maybe even some courage citizen involvement in Govern- get voters to turn out to the polls. We tobacco settlement legislation. All of ment. Their legislation would make it should encourage groups to support that, and it has to be done before the more difficult for Americans to hold candidates of their choice—not discour- end of April. We have a lot of work to accountable their elected officials. age it. do. We have a lot of work to do on That is hardly the way to restore trust The outcome, of course, that we had issues that people really care about. in government or respect for those who from the last Presidential campaign Education is a perfect example. A de- lead it. was a morass involving everything cent infrastructure is another example. More rules and regulations will not from Vice Presidential phone calls and In my own State of Mississippi, we do the job. Our elections are already Native American casinos to illegal have gotten an unfair share of the swamped with rules and regulations. fundraising at religious institutions. highway funds for 40 years. It is time They are so complicated that virtually All of those things were probably we changed that. every congressional campaign now against the law anyway. We should give this debate fair time. needs a battery of election law attor- When key Democratic fundraisers And we can do that this week as we neys to guard against inadvertent vio- flee the country to avoid questioning, promised. But we have a lot of really lations. it is no wonder their beneficiaries important issues that we need to take Every campaign now has to have a would like to change the subject away up that will directly affect people’s CPA to make sure you get all these fil- from the enforcement of current law. lives in America for years to come. I ings done properly and that you get the But enforcing current law is precisely hope that after a reasonable time, un- addresses and the employment. You the way that we should begin the de- less we can find some broader consen- better have some good legal advice and bate on this campaign finance reform sus that I do not see that would include you better take every possible pre- issue today. paycheck equity for workers, then we caution to make sure that you are dot- If current law needs to be stream- should move on to other very impor- ting every ‘‘i’’ and crossing every ‘‘t,’’ lined or clarified or simplified, let us tant issues. because there are going to be some peo- do it. But let us do it while encourag- Mr. MCCONNELL. Would the leader ple who will be pawing through every- ing greater participation by more peo- yield? thing you do. ple in politics, and let us do it con- Mr. LOTT. I yield to the Senator I have voted for some of the cam- stitutionally. from Kentucky. paign finance laws in the past. I voted The amendment that will be offered Mr. MCCONNELL. I say to my good for the FEC, thinking maybe it would by Senator MCCAIN and Senator FEIN- friend and leader how much I appre- get better, and it has gotten worse. We GOLD will take us in the wrong direc- ciate his leadership on this issue. Your February 23, 1998 CONGRESSIONAL RECORD — SENATE S819 speech was, of course, right on point. tenable. It is an untenable notion to without reason, that we might have a We have many important things to ac- any American that the whole problem real debate here about two different complish for the people of the United with the campaign finance reform sys- bills, about two different visions, about States that they care about deeply. I tem is related only to labor unions. two different real, comprehensive ideas think the leader was right on point Surely, that is part of the problem. about how our campaign financing sys- when he made the observation that the But what about corporations? What tem should work. last thing we want to do is to diminish about groups spending incredible McCain-Feingold has been out there the ability of Americans to participate amounts of money on ads that are not now for over 2 years. It has been ana- in the political process. So I thank my really issue ads at all; they are just lyzed and criticized and, of course, good friend and leader for his outstand- phony campaign ads? What about vilified in many ways, but at least it is ing work on this subject. multimillionaires buying Senate seats? out there. The so-called Snowe-Jeffords Mr. LOTT. I thank the Senator. What about all of these things? amendment has even been out there for I yield the floor, Madam President. I do not think anyone in America the past week in draft form. Already Several Senators addressed the really believes that this whole topic is some groups are attacking it. At least Chair. summarized and encapsulated in the they have something to attack. At The PRESIDING OFFICER. The Sen- mere question of what happens with least the senior Senator from Arizona ator from Wisconsin. union dues. It is also incorrect to sug- and I put our bill out there for people Mr. FEINGOLD. Thank you, Madam gest that the McCain-Feingold bill does to review and consider. And at least President. not address that issue. It does in fact Senators SNOWE and JEFFORDS are try- I thank the leader for kicking off this codify, put into statute, what the U.S. ing to reach a compromise and are will- debate on campaign finance reform. Supreme Court has said ought to be ing to let people have a look at what PRIVILEGE OF THE FLOOR done and what is the law with regard to they are proposing. Madam President, I ask unanimous union dues, and it does so by codifying But, again, the leadership here has consent that the following members of what is actually said in the so-called given us nothing new to look at all. In- my staff be granted floor privileges for Beck decision. stead, all we get is merciless criticism the duration of our debate on campaign So, Madam President, for all these of President Clinton’s campaign fund- finance reform: Mary Murphy, Bob months, after all this discussion of this raising for the last year and yet not a Schiff, Sumner Slichter, Kitty Loos, issue for well over a year, all that the hint of a suggestion about how we and Diane Welch. majority leader’s bill does is say: We could have changed that system that The PRESIDING OFFICER. Without have to address this problem of union both Presidential campaigns abused. In objection, it is so ordered. dues. I do not think anyone in America fact, the very things that the leader Mr. FEINGOLD. Madam President, I believes that. was just describing as troubling about and the senior Senator from Arizona, We just learned a few hours ago, the President’s campaign, in most the senior Senator from Tennessee, and Madam President, that that was going cases, I think almost everyone would the Presiding Officer, and many of the to be the entire contents of the leader’s have to concede was legal. The raising rest of us have been looking forward to bill. Over 4 months after we agreed of huge amounts of soft money is en- this moment for a number of months— that he would lay down the first bill in tirely legal. The leader’s bill does not the return of campaign finance reform the debate and after an entire year of even mention the problem, as if noth- to the floor of the U.S. Senate. scandals and revelations and accusa- ing happened in 1996. Apparently the This is an important occasion be- tions and investigations, the entire bill goal is, once again, just to tie this body cause, when we left the issue last fall, that is before us at the moment con- in knots, not with a poison pill amend- we clearly were in somewhat of a stale- sists of one narrow provision—one pro- ment, but now with a poison pill bill, mate. Some people wanted more than vision—the so-called Paycheck Protec- the goal of which is to attack only one anything else to say that is it, the tion Act. All this time the Republican player in the system, the labor unions. campaign finance reform debate of the leadership has not been able to come Madam President, I did note that one 105th Congress is over and done with up with even one thing about this cur- commentator this morning said that and we will not see it again. They rent campaign finance system that it campaign finance reform is going to go wanted to call a halt to this debate and wants to change other than that—not down again in a prearranged standoff. I let us go to the 1998 elections changing one—as if nothing else has occurred in remember being told at the beginning absolutely nothing about the current the country that might trouble Ameri- of last year the bill would never come system. cans a little bit about how much big up, it was dead on arrival, it would But others, including myself, money is awash in their system in never see the light of day, and cer- thought that our consideration last fall Washington, DC. tainly that it would never come back of this issue had not been sufficient, The leader’s bill does not even men- this year. But this notion of a pre- that the American people deserved tion disclosure. It says nothing about arranged standoff is something that I more from this Senate than parliamen- fundraising on Federal property. It cannot accept from our point of view. tary tricks and poison pills, that cam- does not say a word about foreign Well, there is no prearrangement on paign finance reform is essential to the money. It lets the soft money system our side. We are ready to fight for re- future of our democracy, and that we off the hook entirely. form, because that is what the Amer- cannot afford to once again sweep this I guess, from the point of view of the ican people want us to do. I think we problem under the rug. majority leader, all is well in the cam- have some reason to hope that we will The sweeping has already begun paign finance world except for that one have the votes to defeat the majority anew. And it is vigorous sweeping. It is question: What about those union leader’s attack on unions if he does in coming in the form, not this time of a dues? Of course, we in effect knew this fact bring that up again for an up-or- poison pill amendment, but a poison was his position anyway. The majority down vote. pill bill. The underlying bill to which leader calls our current system of un- The majority leader is not going to we will have the McCain-Feingold bill limited contributions in the political be able to rely on his poison pill bill to attached as an amendment is the same parties by corporations and unions and defeat campaign finance reform this thing as the poison pill amendment. wealthy individuals ‘‘the American time. I hope that gives the American The majority leader made no pretense way.’’ people some hope that we can finally in this regard. It is simply the Frankly, Madam President, although achieve meaningful reform this year. antiunion poison pill bill, as if that is I am not surprised at the proposal, I Madam President, a lot has happened the only issue that is involved in the am disappointed. Although all the pun- in the world and in the country since question of campaign finance reform. dits have been saying for the past few we last debated this issue last October. The idea that the entirety of cam- months that the Republican opponents Current events and breaking news are paign finance reform can be summa- of McCain-Feingold were just going to always unpredictable and sometimes rized in just the question of what hap- try to bring about the same deadlock distract us from the very important pens to union dues is completely un- that we had before, I guess I hoped, task we have at hand. S820 CONGRESSIONAL RECORD — SENATE February 23, 1998 I want to agree with the leader that worked, and more specifically about to get access, and in his own words, ‘‘to there are many other issues that re- how the stock market worked. I think level the playing field’’ with his com- quire our earnest attention this year. that share was worth about $13. My fa- petitors. He felt he needed to pay But my first message today with re- ther told me in addition to owning a $600,000 so he could have equal share in gard to our priorities is that the alle- stock and getting the massive divi- the political process. gations here in Washington with regard dends that $13 share of stock would There is a question here of what that to certain personal issues and issues in- produce, I also owned a small piece of means not only for our political system volving the White House are serious the company, and therefore, I was enti- but what does it mean for our free en- and they have to be taken seriously. tled to a vote at the company’s stock- terprise system? One of the great iro- But let us not let one potential scandal holder meeting. nies for me in serving on both the Judi- become an excuse to ignore an obvious Now, already at age 13 I was inter- ciary Committee where we work for and clear scandal. That clear and prov- ested in the political process and I sort the most part on domestic laws and en scandal is the record of the 1996 of equated the idea of a shareholders then working on the Foreign Relations elections and the virtual destruction of meeting with voting at an election, so Committee is that we have an oppor- the post-Watergate campaign finance at that age I could hardly wait to get tunity to look at the issue of inter- reform. Today, Madam President, we to the shareholders meeting and cast national bribery. are in grave danger of letting that hap- my ballot. I asked my father a follow- Under American law, the Foreign pen. up question, ‘‘When is the stockhold- Corrupt Practices Act, American busi- Campaign finance reform is a dif- ers’ meeting? When do I get to cast my ness men and women are not allowed, under penalty of law and fines and im- ficult enough topic to get people inter- vote?’’ He laughed, and said ‘‘I better prisonment, to give bribes under that ested in, anyway. It can be very arcane tell you something, the number of law to foreign companies and to foreign and this other alleged scandal which votes you get depends on how many countries. But here in America, with a has piqued the public’s interest could shares you have. It is not one person, soft money system that is perfectly distract the public and the Senate and one vote. It is how many bucks you legal, these same business men and end up becoming one of the biggest have invested in the company.’’ He women have become the fall guys of gifts to the money-driven status quo said, ‘‘You don’t have the same vote the American political system who are that has ever occurred. and the same power as everyone else We have to recommit ourselves to called up and asked to give outrageous because it is a corporation. It is prop- sums of soft money so they can enter a the issue of cleaning up the political erly based—because it is a corpora- money system. That is why we are here particular room to apparently be on a tion—on how much money you are able ‘‘level playing field’’ with others who today. I think there are two questions to put into the corporation.’’ He said, we have to answer. First, how is the have been pushed to do the same. ‘‘You can go to the stockholders meet- Madam President, there has got to be American political system supposed to ing, Russ, but your vote won’t count a different vision, a different vision work? Whom is it supposed to serve? for very much.’’ than paying for nights in the Lincoln How one answers both of those ques- Needless to say, that dampened my Bedroom or to have coffee with the tions depends on one’s vision of Amer- excitement a little bit, but it helped President or going down to Florida to ican democracy. One vision, the one I me understand how a corporation have lunch with a distinguished leader share and I bet most of us share, that works. The people with the largest of the majority party for $50,000 and this is supposed to be a representative stake in the business get the most say having him stand up and look out at democracy. Our Government, our polit- in how the business operates. That is the crowd and say this is the ‘‘Amer- ical process, and a good part of our how it should be. That is how it should ican way.’’ common social and cultural heritage be in a corporation. That is the basis of In case anyone thinks that the mo- are all based on the premise that we our system. tive of the people who give these kinds are all to be treated equally under the But that is not, Madam President, of soft money contributions is simply law. It says so on the facade of the U.S. the way our democracy should work. public spirited or perhaps that we Supreme Court Building, ‘‘Equal Jus- We are all supposed to have the same could regard them as a bunch of people tice Under Law.’’ It is implied in our opportunity in the democratic process. who are trying to buy influence that Nation’s motto, e pluribus unum, ‘‘out Now, some of us may have a larger in- are constantly being swindled because of many, one.’’ It is clearly the driving terest in a particular policy or piece of they are getting nothing for it, you can principle behind our Constitution and legislation, but we are all supposed to rest assured that these contributions behind this basic concept which has be vested with an equal share of power one way or another do affect public been summarized in the notion of one in the process by which we appoint peo- policy. person, one vote, and the foundation of ple to set policy and to vote on legisla- There have been a number of embar- our whole electoral system. tion. rassing examples. One is the case of the Madam President, that vision of Madam President, the current cam- Federal Express Corporation. Another America and our democracy, a rep- paign finance system is fueling the antiunion express carrier provision was resentative democracy, assumes that transformation of our representative inserted in the aviation bill. That pro- every American by his or her birth- democracy into a corporate democracy, vision, Madam President, had been de- right has an equal role to play in this creating a political system that allots feated at every turn, at every oppor- system. But there is another vision and power in direct relation to the amount tunity, in every committee, on every that is a vision that does away with of money an individual or an interest floor vote, when it had been attempted, this notion of equality, ‘‘one person, group can contribute. in Congress. This provision was sup- one vote,’’ and replaces it with a sys- Let’s not completely ignore those posed to make it more difficult for the tem that I have come to see and refer hearings that were held earlier last employees of the Federal Express Com- to as ‘‘corporate democracy.’’ year by the senior Senator and chair- pany to organize their union, and the Now, what do I mean by that? I want man from Tennessee. Remember the Federal Express Corporation makes no to return again to a story from my testimony of Roger Tamraz who said denial about this. In the waning days younger days, as I mentioned before, not only that he had given $300,000 in of the session, the Federal Express Cor- because I think it illustrates the dif- soft money legally—remember the poration gave each party $100,000 in ference between representative democ- words of the majority leader, ‘‘the soft money, and the provision almost racy in one person, one vote, and the problem is only what is illegal’’— within a few hours found its way magi- notion of a corporate democracy, which $300,000, legally to go to a coffee at the cally into a conference committee re- is what I think we are becoming. When White House, but that next time he port. After this was jammed through I was 13, a relative of mine gave me one would do better. He would get into the Congress, the very impressive CEO share of stock in our great Janesville, some serious money and contribute, in- of FedEx—who I give credit to for his WI, company, the Parker Pen Com- stead, $600,000. He said he felt after his ingenuity in creating FedEx—came to pany. My relative wanted me to learn earlier experience that he needed to see me and said, ‘‘You people in Wash- something about how our economy pay that kind of money to participate, ington set this game up this way and I February 23, 1998 CONGRESSIONAL RECORD — SENATE S821 will play it and I will play it hard as more than a couple of Senators pre- who have not disclosed their profes- long as that is the way it is set up.’’ I tending to be like Sisyphus, pushing a sion. can’t fault him for that. That is the rock up a hill. We heard a lot of opponents of our way the system is set up. But many issues take time. Tax re- bill in the last debate talk about the Madam President, I think you know, form has to be done over and over need for prompt and complete disclo- as they say, the rest of the story. We again to make it work. The post-Wa- sure. Madam President, that is exactly had a UPS strike, and while that strike tergate reforms were difficult to get what we have in our bill, the strongest went on, while the unionized company through but the fact is they worked disclosure provisions to date. We also was in a very difficult position and dif- pretty well for quite a few years. It has strengthen the FEC’s enforcement pow- ficult negotiations, the FedEx Corpora- been 24 years since Watergate. Thomas ers, and we clarify and strengthen the tion obtained a 10 to 15 percent share of Jefferson said there should be a revolu- ban on raising money on Federal prop- the business that used to go to UPS. tion in America every 20 years. That is erty and on foreign contributions to That is a very good return for only not such a terrible statement on our elections. Now the current McCain- $200,000 of soft money. system if we have to fix our campaign Feingold bill doesn’t do everything The 1996 Telecommunications Act finance laws every 20 years or less. that I would like to do on campaign fi- covered a huge field from cable to cel- Madam President, this is the third nance reform. I don’t think it even lular service to long distance. There year in a row we have made this effort does everything that the senior Sen- was massive lobbying involved. It was and we will keep fighting for this until ator from Arizona wants to do. And so the biggest overhaul of our commu- we give the American people a cam- if we do have the opportunity as the nications law since 1934, and a Center paign finance system that does not debate goes on, we will offer the for Responsive Politics analysis showed turn them away from participating, it McCain-Feingold challenger amend- that cable companies, local telephone doesn’t turn them off on participating ment. companies, and long distance compa- in our great democracy. Our amendment would ask Senate nies gave more than $12 million in soft I can’t really talk about this issue candidates to voluntarily limit their money and PAC contributions just dur- without paying tribute to my senior overall spending by getting most of ing the 1996 election cycle. partner in this effort, the senior Sen- their campaign contributions from When the bill finally passed in Feb- ator from Arizona, who is really the their own home State, limiting their ruary 1996, all these corporate concerns courageous one here. I am the one who PAC fundraising and restricting their supported it while consumer groups op- is in the minority. It takes a lot more spending from their own personal posed it. There was very, very little in courage to buck this system for a wealth. In return, they would receive the way of consumer protections in member of the majority. He initiated the benefit of reduced-cost television that bill. Today, cable rates continue our relationship for working together time. So we hope to get to that point, to go up, and merger mania has hit all on many reform issues and I am grate- and we are optimistic. parts of the telecommunications indus- ful to him for having allowed me the We expected fierce opposition to our try. We have yet to see any of those chance to work with him on this issue. bill in the past, and we got it. We knew proconsumer effects of competition When we got to the point of cam- from experience that many Members of that the corporate donors who so paign finance reform after having suc- the Senate are comfortable with the strongly supported the bill had prom- cessfully passed the gift ban and a current campaign finance system and ised us at the time. number of other efforts, it became they don’t want to change it. One more example, the B–2 bomber. pretty clear this would be the hardest We tried this in 1996 before people Apparently, the Department of Defense of all, changing this addiction to really got a good, clean look at this doesn’t really want the B–2 bomber money in this town would be the hard- system, and we didn’t get terribly far. When we failed to break a filibuster in anymore. There are questions about its est of all. So our bill has gone through 1996, the Senator from Arizona turned effectiveness, including the possibility several transformations due to politi- to me and said, ‘‘This thing is going to that it may not work very well when it cal necessity, but it remains a strong take a scandal.’’ I said, ‘‘John, you’re gets wet. Yet the Congress added this and unique bipartisan compromise. It too pessimistic, we’ll get it through.’’ past year $331 million in this year’s bill is not the Feingold bill. I tried the Well, he was right and I was wrong. Feingold bill and got no cosponsors. to keep it going. But we got a scandal. In 1997, we Northrup Grumman made $877,000 in That is a good bill, but it involves pub- moved this issue much further. After PAC contributions and soft money con- lic financing, and there isn’t majority the hearings conducted by the senior tributions during that 1996 election. Its support for that approach. Senator from Tennessee and the revela- This was an exercise, instead, in see- PAC gave $84,500 to House Members tion of many of the things that went ing if people of different philosophies from January 1 to May 31, 1997. on, we got 53 votes on the floor of the There are other examples. There are could come together and put together Senate; but we still faced a filibuster many examples, but these are examples the first bipartisan effort of its kind in and a series of arguments that, in my I have had a chance to witness in the 11 years. McCain-Feingold in the form view, can’t withstand scrutiny. last couple of years and they concern presented as an amendment at the next I see that the Senator from Ten- me. Lobbyists and other representa- procedural point has several key com- nessee has entered the Chamber as tives have gotten the messages that ponents. It simply bans these unregu- well, and the Senator from Kentucky some members expect contributions lated soft money contributions, these has risen to speak. At this point I will from lobbyists if they want to be huge contributions that are primarily yield the floor and I will complete my heard. Some rely on the stick, saying funneled to the political parties. This remarks at another point. ‘‘put up or shut up.’’ Others hold out a is the piece President Clinton focused Mr. McCONNELL addressed the carrot, such as those who would write a on correctly and rightly in his State of Chair. letter to people inviting them, if they the Union Address. He said if you vote The PRESIDING OFFICER (Mr. contribute a certain amount of money, for McCain-Feingold you are voting FRIST). The Senator from Kentucky is to sort of a club atmosphere where against soft money; if you don’t, you recognized. they have been promised the rewards of are supporting the current system. Mr. McCONNELL. The measure be- ‘‘leadership, friendship, effectiveness In our bill, we have the beginning of fore us today is the Paycheck Protec- and exclusivity’’ in return for a con- mechanisms to try to encourage people tion Act, authored by the distinguished tribution. to voluntarily limit how much they majority leader and the assistant ma- In other words, our democracy has spend, at least of their own personal jority leader. The Paycheck Protection become a huge bazaar for very powerful wealth, in the base bill. We also require Act is predicated on a fundamental traders. It is bizarre to watch it played much greater and more immediate dis- tenet of any truly free society—that no out in the middle of our country’s closure of campaign contributions, person should be forced to support a great symbol of democracy. Some of us electronic filing, daily filing of cam- cause or a candidate. are willing to fight for reform as long paign contributions, and a prohibition It is really quite that simple. Thomas as it takes. Some say this is nothing on accepting contributions from people Jefferson, perhaps, best enunciated this S822 CONGRESSIONAL RECORD — SENATE February 23, 1998 principle with a characteristic elo- even a modest dollar amount to the The whole motive behind this reform quence that we will likely hear often union bosses’ political fund dropped agenda for the last 22 years has been a during the course of this debate, and it from 48,000 down to 8,000. Now, all poli- disappointment, Mr. President, in the certainly merits repetition. ticians who benefited from the union Supreme Court decision of Buckley v. Mr. Jefferson observed: largess, a largess born of forced con- Valeo, which was, of course, a great To compel a man to furnish contributions tributions, intimidation, and a conspir- victory for the American people. The of money for the propagation of opinions acy of silence, will understandably Court said in the Buckley case that which he disbelieves is sinful and tyrannical. tremble at the prospect of losing it. spending is speech. When you first hear Sinful and tyrannical as it is, union For them, the sounds of paycheck that, you sort of scratch your head and bosses do it every day. Millions of protection roaring down the legislative say, ‘‘Gee, could that be true?’’ But Americans are on the receiving end of tracks must be terrifying indeed. Na- when you think about it and when you this tyranny as a portion of their pay- tionwide, over 80 percent of the Amer- read the decision, it is obviously the checks are confiscated and used to ad- ican people support a Federal Pay- case that in a country of 270 million vance a political agenda with which check Protection Act. people, unless you can amplify your many of them disagree. That fact, Mr. But I am certainly not so naive as to voice, you don’t have much speech. President, should not be in dispute. think union workers will see this free- Dan Rather and Tom Brokaw and Peter Ten years have passed since the Su- dom coming out of Washington, DC, be- Jennings have a lot of speech—way preme Court’s Beck decision in which cause President Clinton would surely more than any of us—because their the Court ruled that workers who are veto it. The union bosses have been so speech is amplified every night to mil- forced to pay union dues as a condition generous to the Clinton-Gore cam- lions of Americans. But the Court said of employment cannot be forced to pay paigns over the years that the Lincoln to put Americans in a straitjacket of dues beyond those necessary for collec- Bedroom probably feels like home. spending limits is to say that they are tive bargaining. Yet, most union work- Fortunately for America’s union left only with inadequate speech—in ers still have no relief. Their unions workers, they may well see relief in other words, a kind of continuing effort provide them with little or no informa- those States with the referendum proc- to go door-to-door, I guess, to carry tion of their rights. ess or political leaders less beholden to your message to more and more Ameri- A national survey last year revealed union bosses than is the President of that most union workers are not even cans. the United States. In fact, the Court said a spending aware of their rights under the Beck So, Mr. President, there is a lot of ac- limit would be about like saying you decision. Even more deplorable, many tion out in the States. Proponents of are free to travel, but you can only union workers’ efforts to exercise their paycheck protection are heartened by have $100. How free are you? You are constitutional rights under Beck have the reception they are getting out in not very free if you can’t amplify your been met with intimidation and with the States. It will be on the ballot in voice. The Court said you are going to stonewalling. In a telling illustration, California this June. Californians will have a constitutional first amendment a union worker testified before Con- have an opportunity to strike a blow right to amplify your voice, either with gress in 1997, just last year, that ‘‘al- for freedom for union workers. Free- your own resources or that of others most immediately the lies started: dom’s prospects are quite bright there. gathered together in a common pur- anti-union, scab, freeloader, and reli- But the union bosses will resist this pose to advance a particular cause. The gious fanatic were labels ascribed to freedom for the rank and file. The cause could be speaking for a can- me,’’ said a union member. That poor union bosses will fight it with every- didate, or against a candidate, or advo- fellow had to resort to a lawsuit to get thing at their disposal, including the his union dues reduced in accordance cating an issue, or opposing an issue. hundreds of millions of dollars they In fact, the whole Court case was with Beck. The onus, Mr. President, should not have amassed for political use from the crafted in the direction of a wide be on the workers. It should not be the workers’ dues. It is expected that union amount of permissible political dis- workers’ burden to pursue an after-the- bosses will spend $20 million or more in course in this country. Well, the re- fact refund or to wait until the end of California in their quest to defeat this formers hated that decision, and they the year and have to jump through freedom quest for the rank and file. have been coming back and coming hoops to get returned to him or her I am confident that Californians will back and coming back over the years, money that should not have been taken not be duped by the union bosses and and it has had different names in dif- in the first place. their millions. Paycheck protection ferent Congresses. A few years ago it Our friends on the other side of the rings true to regular folks and not even was Boren-Mitchell. Now it is McCain- aisle are understandably alarmed at the most sophisticated, well-funded Feingold. But, fundamentally, the phi- the prospect of their most powerful, ag- smear campaign will drown it out. losophy is the same: What is wrong gressive and well-funded ally losing a There is going to be paycheck protec- with the system is that we just don’t significant portion of the political war tion referenda in other States as well, have enough regulation. We just don’t chest after workers are freed from the Mr. President. I think there are four or have enough restraint on the voices of compulsory dues tyranny. five that are going to be on the ballot all of these Americans who are running Mr. President, we know what hap- this year. There are movements all around expressing themselves, and we pens. Washington State voters, back in across America in State legislatures to don’t like it. 1992, by an overwhelming margin—70 press forward with bills giving union So McCain-Feingold has been con- percent, by the way, supported this— members these basic, fundamental stantly changing, and the version we approved a referendum to make it ille- rights. So to have this kind of measure currently have before us is a little bit gal for unions to extract dues for polit- described as a ‘‘poison pill’’ is amusing different from earlier versions. The ical purposes without obtaining prior indeed. original version sought to put the Gov- written approval from union workers. It is fundamental, Mr. President, ernment in charge of the political After this emancipation, only 82 of that no one in this country ought to be speech of individuals, groups, can- Washington State’s public employee forced to contribute to causes with didates, and parties. The current ver- union members gave the union permis- which they might disagree. So we will sion, which is the same version that sion to take their money for political press forward with this issue and hope was defeated in October, seeks to put purposes. Prior to the voters’ action, for the best. But it will go forward on the Government in charge of the politi- 40,000 Washington State employees had a State-by-State basis regardless of cal speech of parties and groups, leav- been forced to stand by helplessly as a what happens here in Washington. ing aside individuals and leaving aside chunk of their paychecks were con- Now, Mr. President, let me just make candidates. fiscated and used without their consent a few more observations. I see that my So let me focus just a minute, Mr. to advance the political causes of the friend from Tennessee is here, and I President, on the kind of speech that union bosses. won’t delay him too long. I do want to parties and groups engage in. It is said The number of Washington State make some observations about the that, because of the scandals of 1996, we teachers union members contributing larger question of McCain-Feingold. should take away from the political February 23, 1998 CONGRESSIONAL RECORD — SENATE S823 parties their ability to function in Association for the Advancement of nessee and who controls the legislature State and local races. It’s called get- Colored People, NAACP v. Alabama in in Tennessee. They may even care who ting rid of soft money. What happened 1958, the court made it very, very clear gets to be mayor of Knoxville. They in 1996, Mr. President? As the distin- that it is a real threat to citizens’ have at times even cared who the coun- guished majority leader pointed out, groups and to their right to band to- ty commissioner was going to be in and as Senator THOMPSON’s hearings gether and express themselves to re- whatever county Knoxville is in. These have confirmed, we had arguable viola- quire them as a condition for express- are national parties. The only way you tions of existing laws; that is, con- ing themselves that they disclose their could eliminate non-Federal money by tributions from foreigners, money membership. definition is to federalize everything. laundering, and raising money on Fed- The court said in that case, ‘‘Com- So that the Federal Election Commis- eral property. All of that is against the pelled disclosure of membership in an sion would then be in charge of the city law now. What that cries out for is en- organization engaged in advocacy of council races in Nashville. forcement of the law. particular beliefs’’ . . . is inappropri- That is a great step in the right di- This bill—McCain-Feingold—doesn’t ate. ‘‘Inviolability of privacy in group rection—just what we need. The FEC have anything to do with the scandals association may in many cir- would be the size of the Pentagon with of 1996. It is a totally different subject. cumstances be indispensable to preser- reams of files in every race in America. This bill is seeking to restrain, to in- vation of freedom of association, par- The second problem with eliminating hibit, to diminish the voices of Amer- ticularly where a group espouses dis- non-Federal money is a practical prob- ican citizens in their effort to partici- sident beliefs.’’ lem. As I have already indicated, you pate in the political process through The court went on to say: will not be able to constitutionally their political parties, or through We think it apparent that compelled dis- eliminate issue advocacy from the groups they may belong to. closure of petitioner’s Alabama membership American political scene. It cannot be Now, the courts have had a good deal is likely to affect adversely the ability of pe- done. If we tried to do that, it would be to say about that, Mr. President. Let titioner and [*463] its members to pursue struck down. Maybe. We don’t know. me start with the groups. The courts their collective effort to foster beliefs which Some court could uphold an effort to they admittedly have the right to advocate, have said that a group or, for that mat- in that it may induce members to withdraw eliminate so-called soft money for the ter, an individual can go out and en- from the Association and dissuade others national parties. I don’t know. I doubt gage in what’s called issue advocacy, from joining it because of fear of exposure of it. without having to ask permission from their beliefs shown through their associa- But let’s assume they would uphold the Federal Government, without hav- tions and of the consequences of this expo- it. Then, Mr. President, the situation ing to register with the Federal Elec- sure. would be this: The two great political tion Commission, or subject itself to In other words, Mr. President, there parties, which exist only for the pur- the rules that apply to candidates and will probably be another effort here to pose of electing candidates, would be to parties in Federal elections. The shut down issue advocacy. Members the only entities in America that could Court has said that as long as you may argue that we are not really tell- not engage in issue advocacy. Every- don’t say ‘‘vote for’’ or ‘‘vote against,’’ ing them they can’t speak; we are just body else can—from the AFL–CIO to you are permitted wide latitude to ap- saying they have to disclose if they the Sierra Club to the Chamber of plaud, condemn, say whatever you speak. The courts have already said Commerce. Only political parties want to in the American political proc- you can’t do that; you can’t require wouldn’t be able to engage in issue ad- ess. people to disclose their membership as vocacy. There has been a whole line of cases a precondition for expressing their be- So the candidates of those parties on the question of issue advocacy. The liefs. would be defenseless when groups hos- Federal Election Commission doesn’t So it gets back to the fundamental tile or individuals hostile to candidates like the law on issue advocacy. It has point: We don’t own these elections. of their parties came in and engaged in been pursuing groups over the years Most of us do not like it when some issue advocacy, particularly in proxim- and it has lost every single case. In group comes in. Even if they are trying ity to an election. So the parties which fact, the last case the FEC lost was in to help us, we usually think they are exist for no other purpose other than to the Fourth Circuit, and they not only botching it. We hate all of these voices elect candidates would be restricted in lost the case, but were required to pay that are outside of our campaigns and engaging in issue advocacy presumably the lawyer’s fees of the other side be- outside of our control. But that is the in defense of the candidates who wore cause the FEC just didn’t get it. They price you pay for free speech in a de- their party label—a perfectly absurd couldn’t read the law. mocracy—that is the price you pay for result, Mr. President; a perfectly ab- It is very clear. We don’t have the au- free speech in a democracy. surd and undesirable result of a quest thority here in the Congress to keep So all of these efforts to try to shut to end non-Federal money. people from criticizing us. We don’t these groups up by forcing them to Mr. President, fortunately, the Sen- like it. We love to be able to control come under the Federal Election Com- ate is not going to take that step. the entire election. But we don’t own mission, by forcing them into the hard There is not a consensus for any of the election. The election is not the money camp, by trying to make it dif- these so-called reforms. Fortunately, property of the candidates, and if peo- ficult for them to express themselves there is strong support for the first ple want to criticize us early or late, in proximity to an election, there is no amendment. the courts are not going to allow us to court in America that would uphold I am glad that our friends in the interfere with that. that. It is so clearly and blatantly un- press believe in the first amendment. One of the mutations of this that is constitutional that we ought not to do They are the practitioners of the first developing that we have heard about it. amendment. They have from time to and read about may be offered by the The other entity that the most re- time believed that it only applied to senior Senator from Maine, Senator cent version of McCain-Feingold seeks them, which I have always found some- SNOWE. to shut up are our great political par- what amusing. I gather, in addition to trying to ties. Soft money has become a pejo- I started last year asking reporters change the rules on issue advocacy, rative term. Let me define it: Soft with whom I discuss this issue whether that it would also, in proximity to the money is everything that isn’t hard they have read Buckley. At the begin- election, require the group to disclose. money. Hard money, by definition, is ning of 1997 almost no one had. I am Mr. President, the courts have al- money raised and spent in support of pleased to report that it got better. ready spoken on that issue. They spoke Federal candidates. But, as we know, More and more reporters sat down and on it as early as 1958 on the question of Mr. President, this is a Federal system. struggled their way through the Buck- whether you could require a group to The two great national parties—the ley case, and, all of a sudden, eyes disclose their sources of funds or their Democratic National Committee and popped open and they began to realize membership lists as a condition for the Republican National Committee— that the first amendment was not the criticism. In the case of the National care who gets elected Governor of Ten- sole prerogative—or property, shall I S824 CONGRESSIONAL RECORD — SENATE February 23, 1998 say—of the fourth estate. It exists for for plaintiffs to win judgments against the propriate individuals. There has been all of us. press. considerable delay, however, but at I have been perplexed, frankly, at the This is the majority view of the least we now see three indictments and editorial support around the country American people now. Third: the request for one special council for McCain-Feingold. The ACLU has They would empower government entities coming totally or in part from our been perplexed, too. I will just read a to monitor the work of journalists for fair- committee activities. One would as- few observations from a letter of De- ness and compel us to ‘‘give equal coverage sume that several more are imminent, cember 29 that they sent out to edi- to all sides of a controversial issue.’’ They judging from the record laid out before torial boards around the country. also favor the creation of local and national our committee. The ACLU said: news councils to investigate complaints There is another category of matters against the press and issue corrections’’ of We’re perplexed. As Washington prepares erroneous news reports. which up until 1996 were also consid- for another round of campaign finance de- ered to be violations of the law by most That is the view of the American bate, we are deeply puzzled about why so people—using the White House for public, Mr. President. many—particularly in the media—continue fundraising purposes, a Presidential to support campaign finance legislation like Also, from this Rasmussen Research candidate actually controlling the ex- the McCain-Feingold bill that is patently un- study, that I referred to earlier, there penditure of millions of dollars of soft constitutional, unlikely to pass and doomed is a release from this institute of Octo- money for TV ads containing election- to failure in the courts. ber 2, 1997, which has an interesting Frankly, we’re also worried. Polls are be- eering messages placed specifically to finding. It says: ginning to suggest that the media’s cavalier advance his reelection prospects. disregard for the free speech implications of Most Americans think that friendly re- I say ‘‘considered to be violations current campaign finance proposals is en- porters are more important to a successful until recently’’ because the Attorney couraging an attitude among the public that political campaign than money, according to a Rasmussen Research survey of 1,000 adults. General and Justice Department appar- could lead to serious damage to freedom of ently now take the position that these the press. A recent Rasmussen Research sur- By a 3-to-1 margin (61% to 19%) Americans vey, for example, found that Americans be- believe that if reporters like one candidate activities are legal for the final time. lieve that one of the best ways to clean up more than another, that candidate is likely Although I believe that these are erro- campaigns is to restrict newspaper coverage to win—even if the other candidate raised neous interpretations of the law, sup- of elections. more money in the campaign. ported by neither the law or logic, the Mr. President, I am not advocating Further: result is to give new arguments to that. But imagine the Washington Post Americans are also generally suspicious of those who would seek to circumvent calling for spending limits. It makes reporters. More than seven-out-of-ten reg- the clear intent of the law. This along about as much sense as the Congress istered voters believe that the personal bi- with court decisions, Federal Election saying to the media, ‘‘You are free to ases of reporters affect their coverage of sto- Commission interpretations of the law, ries, issues, and campaigns. say whatever you want to but, by the and piecemeal Congressional amend- way, your circulation is limited.’’ And I cite this somewhat tongue and ments has resulted in a campaign fi- I wonder how the Washington Post cheek to make the point that the first nance system that is in shambles. The would feel if the Congress decided it amendment applies to all of us. Just loopholes are now bigger than the law could only have a 5,000 circulation—not because the American public is skep- and there are now effectively no limits saying that Congress can have any im- tical of the press and its motivations on big corporate, big labor, big individ- pact on what the Washington Post can doesn’t mean that we want to restrict ual monies flowing into our political say—but that we just think the Post is the press. By the same token, Mr. campaigns—a situation that Congress speaking to too broad an audience, and President, it is astonishing to find so has said we do not want for almost a it is spending too much. Obviously, I many editorial boards around the coun- hundred years. am being facetious. But it is the same try that do not understand that the And if people think the 1996 cam- principle. It is the very same principle. first amendment doesn’t just apply to paign set new records for the big Advocates of spending limits say we the press. It applies to all of us. money scramble, they only have to are not telling you what to do; we just So, Mr. President, when all is said wait until the next election cycle, and think you are saying it too much or and done and this debate is ended, the especially the next Presidential race. too many, but your audience is too Constitution will still be intact and the At least the last time there was some widespread. We may all snicker about ability of individuals, groups, can- concern among the candidates, and this issue. But, frankly, the public has didates, and parties who participate in even the Clinton-Gore campaign, as to a lot of skepticism about the press. the American political process without how far they could go in pushing the I am looking at an article by Richard regulation or interference by the Gov- limits. Now that everyone has seen Harwood in the Washington Post from ernment will be preserved. that the Justice Department is appar- last October referring to a study of PRIVILEGE OF THE FLOOR ently willing to bless the most egre- public opinion commissioned in 1990 by Mr. President, I ask unanimous con- gious of this activity and refuse to re- the American Society of Newspaper sent to allow a member of my staff, quest the appointment of an independ- Editors. It is part of the observance of Melissa Figge, to have privileges of the ent counsel for what the Courts and the 200th anniversary of the Bill of floor during the duration of this debate FEC consider to be illegal activity, Rights. Dick Harwood points out that a on campaign finance reform. there will be no such hesitancy next Lou Harris survey for that group more The PRESIDING OFFICER (Mr. time. recently had some, as he put it, ‘‘de- GREGG). Without objection, it is so or- And the Clinton-Gore example will be pressing findings.’’ This is Harwood’s dered. picked up and followed in the Senate observation about the Lou Harris poll Mr. McCONNELL. Mr. President, I and House races, one can only assume. of the American people. He said: yield the floor. Under the Attorney General’s interpre- If they had their way, ‘‘the people’’—mean- Mr. THOMPSON addressed the Chair. tation, I can see nothing wrong with a ing a majority of adults—would not allow The PRESIDING OFFICER. The Sen- Congressional candidate raising unlim- journalists to practice their trade without ator from Tennessee. ited amounts of soft money for use in first obtaining, as lawyers and doctors must Mr. THOMPSON. Thank you, Mr. TV ads praising the candidate or deni- license. Whether the preferred licensing au- President. grating his opponent, so long as the ads thority would be the government or some Mr. President, during a 3-month pe- do not contain the magic words of other credentialing agency is not clear. riod, the Governmental Affairs Com- ‘‘vote for’’ or ‘‘vote against’’ a particu- That was the majority view of the mittee saw examples of clear violations lar candidate. American public with regard to the li- of the law—money laundering, foreign Congress must decide whether or not censing of the media. campaign contributions, violations of we are going to pass on this patchwork, Number two, referring to the survey: They would confer on judges the power to the Hatch Act, possible sale of influ- swiss cheese system, which goes impose fines on publishers and broadcasters ence. These are simple, flat-out legal against the clear intent of Congress the for ‘‘inaccurate and biased reporting’’ and violations which require little debate last time they addressed these issues. would liberalize libel laws to make it easier or delay in terms of prosecuting the ap- If so then the implicit message will be February 23, 1998 CONGRESSIONAL RECORD — SENATE S825 that we are no longer concerned about the amounts of big money that could TV advertisements were paid for with- the appearance of corruption; that we be given to politicians who were in in this system. With all of this money think that millions of dollars from charge of public policy. And, as I said, that was raised within this system, companies, unions and individuals who Congress has been concerned about with these limitations placed on them, are trying to get us to pass legislation that since 1907. This is not a new con- people managed to buy television ads is okay with the American people. I cern or a new issue. and have pretty decent television cam- don’t think it is and I don’t think that Also, Congress eliminated private paigns—with this money, we call it is what we want to say. contributions to Presidential general hard money now, but the money within The McCain-Feingold bill addresses election campaigns altogether for the system that was carefully thought the worst of these problems. Also, those who opted into the Presidential out and allowed to be given to those of many of my colleagues have amend- public financing program that was es- us in political office—because they ments which would greatly improve tablished. So for the last 25 years or so, were reasonable amounts and it didn’t our current situation, although they Presidential nominees, who were will- feel like they were large enough to may never see the light of day. ing to certify that they would not raise have any influence on us, is what it However, I would urge that we don’t and spend additional funds, were given boils down to. get so caught up in the details of a par- millions of dollars of tax payers money However, things began to happen in ticular piece of legislation that we are to fund their campaigns. That has been the 1970s, with later more significant oblivious to the fact that we are going our system. Again, as with the idea of developments in the 1990s, that have to have to comprehensively address limiting corporate, union, and large in- totally transformed that system that money in our political system eventu- dividual contributions, the idea was to Congress set up. ally. We haven’t really done it in 20 cut down on the corrupting influence There was concern in Congress, for years and it shows. In many other or appearance of corruption of large example, that there be adequate fund- areas we see that after a period of time sums of private money being given to ing for grassroots political activities. laws that have been passed have re- Presidential candidates, or maybe We are all concerned about that. So, in sulted in unintended consequences, and Presidents who were already in office. the late 1970’s, Congress amended the there are court decisions and there are Congress also believed this legislation campaign laws and the FEC interpreted administrative rulings to point out would have the added benefit of pulling those amendments to allow national weaknesses in the legislation and presidential candidates out of the fund- parties to send unlimited amounts, but sometimes they go contrary to con- raising chase, and instead allow them for voter registration, voter turnout, gressional intent and we conclude that time to focus on issues and not so and so forth, without these moneys we need to address the law again. That much on the money behind factions counting against the limitations is clearly what we are going to have to supporting those issues. So, for a long placed on party expenditures. Buckley, do with regard to campaign finance time, Mr. President—we talk about the by the way, said that you could place legislation. Government being in charge and we limitations on party expenditures. It’s important for us to understand don’t want to put the Government in That was one of the expenditure areas how we got to where we are today. In charge—for a long time in this coun- that Buckley said it was right and 1907, Congress banned corporate con- try, many Members of this same body proper for Congress to place limita- tributions. In 1943, Congress banned and many Members from both sides of tions on. We have limitations on party labor union contributions. Congress the political spectrum, enough to get expenditures today. Congress and the FEC also allowed comprehensively addressed how we fi- these laws passed for almost a century, part of these expenditures to be funded nance our federal political campaigns the Government has been involved. I with money that might be referred to in 1972 and 1974. Again, Congress was am not a big one for having the Gov- as ‘‘outside the system’’—outside the specifically concerned with the extent ernment involved in a lot of things, but system that we have just been discuss- to which corporations, union, and indi- many of us have come to the conclu- ing, the $1,000/$5,000 limitation system viduals should be allowed to contribute sion that how we elect our Federal offi- that we have just been discussing. We to political candidates. Individuals cers, how we elect our Federal officials, now call this other money outside the were limited to $1,000 per election and is one of those things that is legiti- system soft money—unlimited moneys; limited to $25,000 in total annual con- mately the business of the Federal no limitation on these moneys from tributions—$20,000 of this could go to Government. And the Federal Govern- corporations, labor unions, individuals. party committees. Corporations and ment, and this Congress, has passed on In 1991, now, moving along, the labor unions were strictly forbidden in- specific contribution limitations in FEC—this is the Federal Election Com- volvement in the federal campaign times past because of this notion that mission, as we all know—decided that process, outside of $20,000 per election we need to kind of watch that care- national parties could fund 35 percent per candidate political action commit- fully, because if you go out here in the of their generic voter-drive cost from tee contributions. The underlying jus- private world and you see people in po- soft money and 40 percent in an elec- tification for allowing political action sitions of decisionmaking receiving tion year. So, now the soft money race committees was to provide a mecha- money from the people whom they are was on. So now, we see, we were con- nism to facilitate voluntary contribu- making the decision with regard to, cerned about local grassroots partici- tions from individual union members, that could be a problem. It is just kind pation. We let the parties send in more corporate stockholders, and their ad- of basic common sense. And the idea unlimited money for that purpose. ministrative personnel. that the Government has kind of been Then we said OK, we can send some In 1972 and 1974 limitations were oblivious to this and not involved in soft money in that you don’t have to placed on expenditures but all of them this for some time is really an invalid worry about limitations on, for that were either repealed or deemed uncon- concept. particular purpose. So the soft money stitutional with the Buckley versus For 25 years, the system that I have drive was on and the public learned, in Valeo decision in 1976, except for the just described has worked pretty well. 1992, that the major party committees restrictions on party committees and There hasn’t been a major Presidential raised more than $83 million in soft publicly funded Presidential can- scandal. People talk about public fi- money, which was 4 times the amount didates. And the contribution limits nancing. We are clearly not talking of soft money estimated to have been were upheld. So we have been talking about public financing here. But on the spent by the parties in 1984. about Buckley v. Valeo. The Senator Presidential level, many people may In 1996 the explosion in soft money from Kentucky rightly pointed out not realize it but we have had public fi- continued. Soft money receipts by the that in Buckley the Court struck down nancing for a long time, and it has Republican National Party committees most of the limits on expenditures. The been scandal free. It has operated increased 178 percent over 1992, to $138 Court did not strike down the limits on about as well for incumbents as it has million; while Democratic Party com- contributions because the Court recog- challengers. It has been more of a level mittee receipts of soft money increased nized that, historically, governments playing field, people have opted into it, 242 percent over 1992 levels to $123 mil- of all kinds have been concerned with and it has worked pretty well. All the lion. It is almost enough to make you S826 CONGRESSIONAL RECORD — SENATE February 23, 1998 long for the good old days back when cent soft money. The first ones began tional party purposes. In other words, many people were concerned about running in October of 1995, shortly the national party is just using the $5,000 PAC contributions. PACs were after this opinion was rendered. And so State parties as a passthrough. considered to be our greatest potential there we go. Under FEC rules, the amount of per- problem, not too long ago by many However, it is very important to note missible soft money expenditures by people. that the rules still prohibited soft State parties depends on the ratio of So, naturally with all this new money electioneering messages and co- Federal to non-Federal candidates that money on hand there was a tremendous ordination between the candidate and is on the State’s November ballot. For desire by people in the political system the committee. example, if there are two Federal to marry up that money with the larg- So, in summary, the national party races, say a Presidential and a congres- est expenditure that we were all begin- could now spend soft money for a por- sional race, and eight non-Federal ning to incur at that time, and of tion of its State-based party building, local races, the State party can pay for course that’s television advertising. and it could directly spend soft money 80 percent of their generic activities So, in the summer of 1995, Dick Morris for a portion of its issue advocacy, or it with soft dollars. fervently believed television advertise- could transfer soft money to the State Again, this is the simple, deregulated ments comparing the President with parties. system that we have today. the Republican Congress were keys to Again, this is the system we have Given that hard dollars raised in the President’s reelection. He encour- today. Does this sound like a simple $1,000 increments are more difficult to aged the President to opt out of the free-enterprise system that we are try- raise, this gives an incentive to have public financing program in order to ing to somehow improperly mess with? the State party pay for as many activi- run expensive TV ads that he felt were This is the hopelessly complex, as we ties as possible using soft money. In absolutely necessary. Because he un- will see in a minute, ridiculous system other words, now they have a system derstood at the time, under the public that we have allowed to be created all contorted so that States can use system, if you took the public money under our very noses. more soft money than the Federal can, but you couldn’t go out here and raise However, again, under the FEC rul- so you game the Federal system as all this money on the side, all this soft ings and court decisions, it should be much as you can through the party money to run these additional pro- noted that none of this soft money was committee. The President raises the grams—he said, ‘‘Mr. President, I wish supposed to go for activities that were soft money, runs it through the DNC you just wouldn’t take the public to be coordinated with individual can- and spends the soft money additionally money so we can have unlimited ex- didates. Nevertheless, by now the sys- to what he is allowed to spend through penditures.’’ The President decided to tem had been haphazardly and without the public financing. Then you go to take the money and figure out a way to premeditation transformed from one the States, and because the States can get the unlimited expenditures any- which limited big money for Federal use more soft money than you can, you way. He told Mr. Morris to come back candidates into an attractive oppor- run the rest of it through the States with plan B. tunity for anyone willing to push the and have the States run the same ads So, luckily for Mr. Morris, plan B soft money game to its next level and that you are running at the Federal was outlined for him in an advisory past what the law allowed. level for the same purpose, of reelect- opinion, once again issued by the FEC. The Clinton-Gore campaign was will- ing the President. Now, that is the sys- We talk about not putting the Govern- ing. Briefly stated, their campaign cir- tem that we have today. ment in this. The Government has been cumvented the DNC’s coordinated limit So to take advantage of the system, in this up to its eyebrows almost from and used approximately $44 million in the national party committees began the very beginning. Congress has been national committee soft money to transferring soft money to State party involved in it. Congress set up the Fed- their candidates’ advantage through committees to utilize their higher soft- eral Election Commission. The Federal electioneering messages that they money allowance. Election Commission comes with all claimed to be ‘‘issue advertisements,’’ In the crucial 1995 pre-election year, these advisory opinions. They said you all the while certifying under our Pres- according to the FEC reports, the DNC can use so much soft money for this, so idential system, that they would not transferred almost $11.4 million of soft much hard money for that, so many spend more than the public funding money to State parties, followed by an- percentages for this purpose, so many system was giving them. They were re- other $6.4 million in the first quarter of percentages for the other purpose— ceiving the taxpayer funding all at the 1996. The RNC shifted a little over $2.4 that is the system we have now. The same time they were raising the $44 million to the States in about that campaign finance reform bill would al- million outside the system. same period of time. Ultimately, the most be a deregulation bill. This is not The President and the Vice President DNC quietly transferred at least $32 adding additional regulations on top of personally raised a lot of this money, million, and perhaps as much as $64 anything. This is doing away with putting them right back into the cam- million by some estimates, to State some of this Rube Goldberg system paign fundraising chase that Congress Democratic Party committees in the that we have now. specifically intended the campaign 1996 election cycle. Of course, much of So, continuing on with this pattern, laws to put them above. The President this money was used for television the FEC comes in again and, in August personally reviewed and edited TV commercials. of 1995, they issued an opinion and, de- commercial scripts that the soft money This transfer allowed, of course, the spite an attempt to use careful lan- went for and helped make the decision State party committees to use national guage, the clear result of this advisory as to where the ads would be run. party soft money in areas to help their opinion was to place the FEC stamp of Again, soft money is not permitted to Federal election goals more than if the approval for the first time on the use of go to support individual candidates, national committee had made the ex- soft money by national party commit- and it is not supposed to be coordi- penditures directly. The DNC, on its tees to pay for broadcast media adver- nated or directed by those candidates. own, would have had to purchase the tisements that directly reference Fed- Nevertheless, the Attorney General, same air time under the guidelines re- eral candidates. So, by lumping this through her opinion on this matter, quiring a high percentage of hard dol- candidate-specific but issue-based TV permits this abuse, and we can fasten lars. advertising with grassroots activity our seatbelts for the next elections un- Our hearings demonstrated that on which, as we discussed a moment ago, less we make some changes. some occasions, the very same ad was encouraged by the 1979 amend- The second large area that was ex- would be run by both the national ment, the FEC handed Mr. Morris his ploited in the 1996 election cycle had to party and the State party, all created plan B on a silver, soft-money platter. do with the transfer of large amounts by the DNC Clinton-Gore consultants, The DNC and the Clinton-Gore cam- of soft money from the national party Squier, Knapp & Ochs. Reports of the paign seized on the opportunity to use to the State parties, which in turn receipts and expenditures of a dozen the FEC’s hard/soft allocation regula- would be directed by the national par- State Democratic parties from July 1, tions to run TV ads, using the 40 per- ties as to how to use the funds for na- 1995, to March 31, 1996, indicate the February 23, 1998 CONGRESSIONAL RECORD — SENATE S827 State entities operated as a little more court decisions and in the face of FEC vocacy and coordination are being used than passthroughs for the DNC to pay rulings, that it was still legal and prop- and allowed to be used, as a practical for the production and broadcasting of er, and the Attorney General has gone matter, we are left with no campaign ads by the Squier firm. The Squier along with them on it. finance system at all, and we must de- firm, of course, was in the White House As I said, Buckley addressed the cide if that is really what we want. consulting with the President, was the problems of would-be contributors Because all these loopholes have been paid media consultant for the DNC, for avoiding the contribution limits by the opened up now, contrary to our origi- the Clinton-Gore campaign and, at the simple expedient of paying directly for nal intent, we find ourselves with a sit- same time, was running these ads and media advertisements for a candidate uation where we weren’t the ones who creating these ads for these State par- when the expenditures were controlled opened up the barn door, but all the ties, and, in many cases, they were the by or coordinated with the candidate. horses are rapidly leaving. Do we want same ads. As we see, the DNC and Clin- Buckley stated—and this is a quotation to fix it or do we want to take advan- ton-Gore campaign found a way to use from the much-quoted Buckley— tage of it, because it essentially helps the big corporate, union and individual ‘‘. . . such controlled and coordinated all incumbents, and we go through this soft money they could raise for the di- expenditures are treated as contribu- exercise every so often and get a pretty rect benefit of their own campaign. tions rather than expenditures under good vote, but not quite enough, and They could actually raise the soft the Act’s contributions ceilings [And now we can have our cake and eat it, money from the DNC, which would, in this]. . . prevents attempts to cir- too. turn, spend it as they were directed by cumvent the Act through prearranged If we had come to this floor and the Clinton-Gore campaign in order to or coordinated expenditures amounting passed a piece of legislation that al- benefit the national campaign. to disguised contributions. . . .’’ lowed the current system, they would So it was all an obvious ruse to any- That is the Buckley decision. But, of have laughed us out of town, and no- body who took a look at it, but it could course, in the present environment, it body here would have had the courage work in a world where the FEC might prevents no such thing. Buckley says to do it. take 4 or 5 years to impose a modest legally it prevents it. Practically we So the question is whether or not, if fine and where the Attorney General see that it does not. we find ourselves with it, we are going was willing to adopt a tortured Clin- It certainly makes no difference that to take advantage of it because it bene- ton-Gore legal defense theory in order the person who wants to purchase the fits an incumbent. Some would wel- to justify such actions. TV ads runs his contributions through come this turn of events. Some hon- Of course, labor unions and 501(c)(4) the political parties instead of directly. estly believe there is not enough tax-exempt independent groups sup- The potential corrupting influence that money in our political system and that porting both parties have kept apace of people have been concerned with for large corporations, unions and others these new developments. They, too, many, many years in this country and should be allowed to make unlimited now systematically run ads supporting others is there anyway. Nevertheless, contributions to candidates. or targeting specific candidates while the Attorney General seems to have I believe that those who hold this often coordinating their activities with adopted the Clinton-Gore campaign ar- opinion have won the day so far, be- the candidate they support as well as gument. cause I think that is exactly where we with each other. The Attorney General’s position will are now. And I think it is tragic, and I As with the national parties, they have many ramifications, Mr. Presi- believe that those of us in both parties claim the ads they run are ‘‘issue ads’’ dent. Her position is based on the idea who support such a system because we and, therefore, can’t be regulated. that soft money contributions are not think it might be beneficial to us as in- Sometimes they are and sometimes ‘‘contributions’’ within the definition cumbents in some way are being very maybe they are not. We have to decide of the act, and she thinks since soft- shortsighted, because I believe that no that on an individual fact-by-fact money contributions really don’t fall system that requires us or allows us as basis. However, they take the position within that definition of contributions, elected officials, including the Presi- that, in most cases, they are not co- then they are not regulated, so that dent of the United States, to spend so ordinating factual issues. But if they you can have unlimited soft money much time raising so much money are coordinated with the candidate, it over here, but we won’t call them con- from so many people who have inter- is considered to be a contribution to tributions, so they are not regulated. ests before us that we are passing legis- the candidate, according to Buckley. Well, if that blanket position is true, lation on, no such system will be al- Buckley has been quoted, of course, then foreign soft-money contributions lowed to survive indefinitely. as limiting the regulation that Con- are not illegal either, because they Where does such a system leave the gress can place on expenditures, but in came under the same definition. If soft- average citizen with his or her $100 the Buckley decision, it says, if you set money contributions of any kind are contribution? Is there any doubt as to up a kind of a sham deal where you are not really contributions as defined by why the more money we raise the fewer supposed to be making these independ- the act, then that is going to apply to people vote? ent expenditures but you are really domestic or foreign. Under her inter- Throughout history, people have rec- doing it at the direction of the can- pretation, you could have unlimited ognized the inherent problems associ- didate, that is not independent and amounts of foreign money brought in ated with large amounts of money that is considered a contribution to the and put by a political campaign into a going to those who make public policy. candidate. The FEC has, in many cases, soft-money account and used for so- It does not require a very smart person supported that proposition. called issue ads, and it would be per- to see the inherent problem with that. There is nothing in the court cases fectly legal. Nineteen centuries ago, the historian that would indicate that that is proper. These are the things we are going to Plutarch thought that that was, more In fact, quite the contrary. In fact, the see in the next election cycle. than anything else, what brought down FEC takes the position that even issue If Congress does not want to be bound the Roman Republic. Seven centuries ads which are coordinated are illegal. by this absurd interpretation, then we ago, the Venetians imposed strict limi- National parties and independent are going to have to act. So, in sum- tations on what could be given public groups seem to be taking the position mary, we see that the 1996 elections officials. If the donors had favors to that, ‘‘We didn’t coordinate, but if we produced some clear violations of the ask, they were not allowed to give any- did, it may be legal anyway.’’ But the criminal law, and Congress’ job in this thing. DNC and the Clinton-Gore campaign area is to exercise oversight over the Political influence money brought kind of stand alone on that issue be- Justice Department to make sure the down the entire political systems in cause their soft-money expenditures laws are enforced. We need no changes Japan and Italy. We have had our own were coordinated and directed by the in the law with regard to these mat- money scandals—the corporate influ- President so openly and clearly and ters. ence-buying scandals at the end of the blatantly that they had no choice but However, we also see that because of last century as well as the Watergate to just adopt the idea, in the face of the way in which soft money, issue ad- campaign finance scandal that in large S828 CONGRESSIONAL RECORD — SENATE February 23, 1998 part caused the legislation of 1974. So Thank you, Mr. President. I yield the soft money account, and as long as you we do not have to look very far to see floor. used issue ads and did not say ‘‘vote the relevant historical precedence of Mr. MCCAIN addressed the Chair. for’’ or ‘‘vote against’’ under this cur- what we are dealing with. The PRESIDING OFFICER. The Sen- rent ridiculous setup of interpretations It is unlikely that we have recently ator from Arizona. we have now, that is permissible. That abridged the laws of human nature or Mr. MCCAIN. Mr. President, before is the system we have currently. the corrupting influence of power or the Senator from Tennessee leaves the Mr. MCCAIN. Could I ask my col- what people are willing to do to get it. floor, I would like to ask him a ques- league from Tennessee then, if that is In fact, that is what the 1996 scandals tion and make a comment about his re- the situation, why does he detect a re- are all about. marks. luctance for our colleagues to support When you add all of this history, the I believe I heard the Senator from even, say, full disclosure or the ban- fact that we now have spent—last Tennessee predict that there would be ning of soft money or an abolition of time—$2.7 billion on our national elec- more scandals associated with the the most obvious abuses that you so tions, with all this amount of money present system. Did I hear him right? well described in your remarks? involved, it is a virtual certainty we And what form will they be in? And Mr. THOMPSON. Well, I do not want will have another major scandal in the how serious? to delve too deeply into the motiva- not too distant future if we do nothing. Mr. THOMPSON. Absolutely, I would tions of anyone. People can have dif- There are some who would try to say to my friend from Arizona. Nobody ferent reasons for their thoughts. But convince those of us who are somewhat ever knows for sure what is going to it does puzzle me because, you know, in new to these hallowed halls that cam- happen, but if the past is prologue, we looking back at the history of this paign finance reform is somehow not have seen throughout history and in thing, some of the leading Republicans, conservative or it is anti-Republican. our own recent history, and certainly some of the leading conservatives, as Well, I believe that the best witness in the history of Europe, that when the well as some of the leading liberals and on that is Mr. Republican himself, money gets out of hand, the scandals Democrats in this body, have all joined Barry Goldwater. In testifying before come. together on some of these basic things. Congress in 1983, he said that big And we have gone from a system now What I think the Senator from Ari- money ‘‘eats at the heart of the demo- where we were arguing whether it zona and the Senator from Wisconsin cratic process. It feeds the growth of should be a $1,000 limitation per indi- and I are trying to do here is kind of special interest groups created solely vidual or a little more or little less or get back to where we were 20, 25 years to channel money into political cam- whether it should be a $5,000 PAC limi- ago. We do not have that situation paigns. It creates the impression that tation or not, and a big controversy now. I hope the answer to your ques- every candidate is bought and owned whether that had a corrupting influ- tion is not that we see this current sit- by the biggest givers. And it causes ence, to where now, instead of solicit- uation as an opportunity for incum- elected officials to devote more time to ing those amounts, we are soliciting bents. And we know that most of the raising money than to their public du- $250,000 from these large entities. money goes to incumbents. I have been ties. If present trends continue, voter So if the past has brought those a challenger; I have been an incum- participation will drop significantly’’— kinds of political problems and legal bent, like we all have. And we know sound familiar?—‘‘public respect will problems to us, I think we can almost how the system works and operates. fall into an all-time low’’—sound famil- rest assured that in the future, with And that is fine. That will always be iar?—‘‘political campaigns will be con- those amounts involved, that we will the case. We have some certain advantages, in- trolled by slick packaging artists’’— have the same thing. herent advantages, in terms of news sound familiar?—‘‘and neglect of public As I said, I do not think that we have coverage and things of that nature that abridged the laws of human nature duties by absentee officials will under- I have no intention of willingly giving over the last few years. And I suppose mine government operations.’’ up. And I think it is fine that I have Now, that is the man that we call that Lord Acton’s admonition about those advantages. But the money situ- ‘‘Mr. Republican.’’ Reading his ‘‘Con- the corrupting influence of power is ation has gotten out of hand, and in- science of a Conservative’’ as a college still very much alive and well and with cumbents have such an advantage student had a lot to do with my becom- us. there that about 90 percent of all the So I say to my friend, I regret to say ing a Republican. And I do not think kind of money that we are talking it, but I know that you predicted it anybody ever accused Barry Goldwater about—well, that is not the correct fig- would take another one to get any- of being an enemy of the first amend- ure either—but the great majority of body’s attention on this issue. Now we ment. the money we are talking about now I would ask those who are rightfully have had one. Your prediction has goes into incumbents. concerned about maintaining the au- come true. I am afraid that I am just In times past, in this body those con- thority of Congress in our system of following up with the next prediction. siderations have not ruled, and I do not checks and balances, those of us who Mr. MCCAIN. Could I ask the Senator think ultimately they will here now. criticize the courts—and I am one of also, in light of the literally thousands And I am not saying that that is the them—and who criticize our Federal of hours that he has spent on this issue motivation. All I am saying is that I agencies—and I am one of them—if we in the last year, is there any remaining hope that is not the motivation. I am really want the way we elect the high- restraint on campaign contributions? afraid that if we do not do some est officials in our Federal system to Is there any remaining law, rule, or things—the Senator from Kentucky be determined not by Congress but by regulation that, if someone is serious pointed out problems with Buckley the courts, and by the Federal Election enough, that they can inject not as that we have on the free speech side of Commission, and by the Attorney Gen- much money as they wish into any po- things. He makes some valid points eral, and by those running for office litical campaign? there. It is a problematic situation. It who have the most audacity. Mr. THOMPSON. As a practical mat- has to be either not dealt with at all, So while McCain-Feingold may ter, I think there are no restraints. I because of the Court interpretations, achieve its predicted fate again this think under the present situation, with or it has to be dealt with very, very year—and maybe not—we need to real- the FEC interpretations that have carefully. I do not know how far we can ize that this overall issue is going to come down, with the Attorney General go constitutionally. continue to stare Congress in the face. decisions and opinions that she has But that has nothing to do with the And as the next campaign makes the made, I literally think that you could contribution side. We decided back in last one look like child’s play, we are call up someone, if you knew someone 1907 that we did not want corporate going to have to ultimately decide in in Russia or China or Brazil, or wher- contributions, large or small, and yet this body, is this what we really want? ever you wanted to—or California for now we have effectively repealed that And since it involves the very fun- that matter—get them to send a suit- law, in my estimation. damentals of our democracy, don’t we case full of a million dollars cash, laun- Mr. MCCAIN. Let me finally ask the have an obligation to deal with it? der it, if you needed to, put it into a Senator from Tennessee, he also brings February 23, 1998 CONGRESSIONAL RECORD — SENATE S829 a unique perspective to this issue in The Government, as I said, has been think everybody doesn’t do what their that he, I am sure, is the only Member up to its eyeballs in this from day one, campaign did in terms of laundering of this body who was an active partici- sometimes beneficially and sometimes foreign money into this campaign or pant in the Watergate scandal. Part of ridiculously. And this law, to me, is using the White House and denigrating the scandal was the washing around of just like most other major pieces of the White House. Everybody doesn’t do large amounts of money. I have heard legislation. After 20 years, you learn that. the stories—people walking around some things about it. You have unin- Where there are clear law violations with a valise with a million and a half tended consequences. You have court the laws ought to be enforced. That is dollars of cash, et cetera. If we do not interpretations that go against what another speech. If you get me started, do something about this situation, in you thought you were doing. it will be longer than the last speech. the view of the Senator from Ten- So you have to sit down and revisit it nessee, are we likely to see a repeat of and bring it up to date. I hope we don’t Mr. McCAIN. But existing law is not those kinds of revelations? avoid the responsibility of sitting down being prosecuted. Mr. THOMPSON. Well, I think if we and revisiting this. If the majority sen- Mr. THOMPSON. Is not being pushed do not do something about it, the big timent is that we don’t want any rules hard enough, I don’t think. We finally difference will be that people will not anymore, that we want to allow can- got a couple of indictments on matters have to hide that activity anymore be- didates to pick up the phone and raise that have been on the public record for cause it would be considered permis- $5 million, maybe run it through a a long, long time now. I am willing to sible. You might have some limitations committee but coordinate all of it and reserve a certain amount of judgment on cash and things of that nature, but direct it so that you can slam some- to see what comes up. Based on the in terms of the amounts, you know, body maybe 2 years in advance who public record we have there could be a one of the Cabinet members of the might be a potential rival—if we really dozen indictments, based on things President at that time allegedly was want to do that, say that is what we that have been on public record for a going around and, you know, hitting up are doing and lay it out in a piece of long, long time now. I expect there will these corporations for pretty good legislation. be more indictments coming down the sums of money—at that point, $50,000, It is a hodgepodge now. We argue pike, but up until now it has not been increments like that, some of it cash. about what is legal and illegal. We aggressive. I’m afraid the trail has got- Mr. MCCAIN. That was scandalous. have had some people say it is just vio- ten cold on many. If you don’t act Mr. THOMPSON. That was scandal- lations of the law, what we need to do promptly on some of these things, it is ous in those days. is enforce the law. That is true. Other a lost cause. I’m afraid that has hap- Mr. MCCAIN. Now they are hit up for people say, ‘‘I don’t see any violations pened. $50,000, and it is the order of the day, it is a lunch with the President. of the law.’’ See no evil, hear no evil, Having said all of that, they can’t Mr. THOMPSON. So we decided speak no evil. All we need is reform. blind us to the fact that separate and that—I think the country decided, They are in part true. The biggest apart from the clear violations of the after that, that we needed to decide problem is the gray area that every- law which do not need amendment— what we wanted to have corporations body has assumed up until this last they are clear laws, they are clear vio- and large labor unions do. Clearly, they election was against the law. lations—we have now created another needed to participate. We set up politi- The Clinton-Gore campaign pri- area that does not require our atten- cal action committees and decided how marily went way beyond that and the tion, except our oversight, to see the much we wanted them to participate. Attorney General is trying to back law is enforced. What doesn’t require And we said to corporations, labor them up. We can stamp our feet about our attention because of what the unions, ‘‘You can’t do any more than it—I think she is dead wrong— or we courts have done, because of what the that in terms of direct political con- can sit down and say no, this is not the FEC has done, because of what we have tribution.’’ We said to individuals, way it is, Attorney General, this is not done and because of what the Attorney ‘‘You can’t spend more than $1,000 per the way it is, FEC, or courts, within General has done, we have a hodge- election per individual.’’ That was not the Constitution. We can make our podge that results in the allowance of indexed. I think that was a mistake. own determinations as to what the unlimited amounts of money coming I think that $1,000, frankly, is ridicu- Federal Government should be doing into any campaign almost under any lously low nowadays, and if we had a with regard to the election of Federal circumstances. You have to run it higher hard money limitation that candidates. through a committee, perhaps. You maybe so much money would not go You and I do not want the Federal have to be careful how you word the into these independent ads and more Government involved in many aspects TV ads, but as a practical matter we money would go into hard money. But of people’s lives. I decided a long time have no limitations. That is what de- we sat down and consciously decided, I ago, the motivation has to do with lots serves our attention. of other things, like term limits and think, as a Congress and as a country, Mr. McCAIN. I thank the Senator how long people stay when they are how much was appropriate for can- from Tennessee. I hope that it is under- here, what their motivations are when didates to get their message out and to stood the Senator from Tennessee, they come here, what is primarily on communicate with people and in what chairman of the committee, just fin- their mind. All those kinds of things line did you get to a point where the ished a year-long oversight of the cam- are the business of this body. That is influence might appear to be too great. paign finance abuses of this country. I These were all conscious decisions. Federal Government business. I make think it is an important way to frame All I am saying to this body now is no apology for that. the debate which we are again embark- that we at least need to recognize that So whether it is by inaction or by ac- we are now addressing whether or not tion, we are going to be determining ing on, and that is that there are no we still adhere to that or not or are we how we elect people for Federal offices limitations on any campaign contribu- going to a system where there are no in this country. tions in American politics today. That limitations. Mr. McCAIN. Let me ask the Senator is wrong. It is wrong. It is wrong. We Some people make an eloquent argu- from Tennessee to sum up. Right now need to do something to fix it, or I sug- ment there should be no limitations at there is no restriction on any campaign gest that the people of this country all. But it ought to be debated. We contribution, in his view; there is no will send some people who will fix it. ought to hash that out here on the enforcement of existing law; there is no I thank the Senator from Tennessee floor and not fool the American people outrage because ‘‘everybody does it.’’ for his incredible work and for his per- into thinking that everything is basi- Mr. THOMPSON. I have heard that severance and for his courage under cally just the way it was, and we do not often. That was part of what we heard sometimes very difficult circumstances want to encumber the system with ad- over the last several months. as he conducted his investigations ditional regulations, and everything is Everybody doesn’t do it. Everybody throughout the last year. I’m grateful fairly simple, and everything is fairly doesn’t do the things that we saw the for him, as well, obviously for his clean. Clinton-Gore campaign do last time. I friendship. S830 CONGRESSIONAL RECORD — SENATE February 23, 1998

AMENDMENT NO. 1646 when next we stand for election. I am Senator FEINGOLD and I intend to offer (Purpose: To provide a complete substitute proud of my colleagues for having the amendments that would restore the to reform the financing of Federal elections) courage of their convictions. component parts of our original bill. Mr. MCCAIN. Mr. President, in ac- Mr. President, I want to thank the We intend to proceed to those amend- cordance with the unanimous consent Majority Leader, Senator LOTT, for ments in good time. agreement regarding this issue, I send agreeing to return to this subject, and Pursuant to the unanimous consent an amendment in the form of a sub- allow Senators to express their views agreement that the Senate entered stitute to the desk and ask for its im- by means usually employed in Senate into last year, the Senate will now mediate consideration. debates—by means of amendment. I turn to the bill S. 25 as modified, as an The PRESIDING OFFICER. The wish also to thank my friend, the Sen- amendment to an original underlying clerk will report. ator from Kentucky, who has long bill. Later I will discuss my thoughts The bill clerk read as follows: shown he has the courage of his convic- on the underlying bill, but now I would The Senator from Arizona [Mr. MCCAIN], tions, for agreeing to resume debate in like to outline for my colleagues the for himself Mr. FEINGOLD, Mr. THOMPSON, Ms. this manner. contents of our proposal. COLLINS, Mr. LEVIN, and Mr. CLELAND, pro- I want also to thank the Minority poses an amendment numbered 1646. Before I elaborate on the provisions Leader for his essential assistance in of the bill, I want to remind my col- Mr. MCCAIN. I ask unanimous con- helping use to arrive at this important leagues of three points: sent reading of the amendment be dis- moment. I want to thank Senators One—For reform to become law, it pensed with. SNOWE, JEFFORDS and CHAFEE along must be bi-partisan. This is a bi-par- The PRESIDING OFFICER. Without with Senator LEVIN for their efforts to tisan bill. It is a bill that effects both objection, it is so ordered. help the Senate achieve a meaningful parties in a fair and equal manner. (The text of the amendment will be consensus on a contentious issue in- printed in a future edition of the volved in this debate, and all Senators, Two—Reform must seek to lessen the RECORD.) on both sides of the aisle and the issue, role of money in politics. Spending on Mr. MCCAIN. Mr. President, I am who have worked hard to ensure that campaigns in current, inflation ad- proud that today we begin what prom- this issue is fairly addressed by this justed dollars continues to rise. In con- ises to be a thorough and responsible Senate. stant dollars, the amount spent on debate on the issue of campaign fi- I wish to thank all the co-sponsors of House and Senate races in 1976 was $318 nance reform. I say responsible because McCain-Feingold, both Republicans million. By 1986, the total had risen to I anticipate that in the course of this and Democrats, with a special thanks $645 million. And in 1996 to $765 mil- debate Senators will make to a hardy band of determined Repub- lion. Including the Presidential races, unmistakenly clear whether they sup- licans, Senators THOMPSON, COLLINS over a billion dollars was spent in the port or oppose meaningful reform. Sen- and SPECTER who have labored long last race. And as the need for money ators will cast votes on at least one re- and hard to change what we believe to escalates, the influence of those who form proposal, the revised McCain- be a mistaken majority view among have it rises exponentially. Feingold legislation, and probably our fellow Republicans. Three—Reform must seek to level other proposals such as the one to be Lastly, I want to especially thank the playing field between challengers offered by Senator SNOWE before we my tireless, resourceful and passion- and incumbents. Our bill achieves this vote on whether or not to invoke clo- ately committed friend, Senator FEIN- goal by recognizing the fact that in- ture. GOLD. I have been in Congress for many cumbents almost always raise more Previous debates have ended, unsatis- years now, and I have never worked money than challengers and as a gen- factorily, in a series of cloture votes with a more dedicated or able member eral rule, the candidate with the most which, as we all know, tended to dis- of this institution to pass legislation of money wins the race. If money is courage good faith compromises among such importance to our political sys- forced to play a lesser role, then chal- Senators who are genuinely committed tem. He has inspired my own deter- lengers will have a better chance. to finding a fair and effective solution mination, and I am grateful to him. TITLE I to the disreputable state of modern Mr. President, we will hear from Title One of the modified bill seeks campaign financing. Moreover, cloture many Senators, representing several to reduce the influence of special inter- votes sometimes obscure from the pub- points of view, during the course of est money in campaigns by banning the lic a Senator’s true position on the this debate. I look forward to debating use of soft money in federal races. Soft issue in question. By the end of this de- various provisions of our legislation, as money would be allowed to be contrib- bate, whichever argument prevails, well as amendments offered by my col- uted to state parties in accordance Senators will be on the record in sup- leagues on a range of issues related to with state law. port or opposition to reform, and, thus, campaign finance reform. As I have accountable to their constituents who said, many times in the past, this is a In the first half of 1997, a record $34 may then register their approval or necessary and important debate. The million dollars of soft money flowed disapproval at the polls. issue of campaign finance reform mer- into political coffers. That staggering Mr. President, I believe an open de- its our most serious attention. Indeed, amount represents a 250% increase in bate, which considers amendments rep- I believe it deserves to be a central soft money contributions since 1993. resenting various views on the subject focus of this Congress’ work. I believe And Mr. President, unless reform is of reform, will encourage Senators on this so strongly because I think it is passed, we are witnessing only the be- both sides of the issue to pursue a ma- beyond doubt that the way we finance ginning of this problem. jority consensus on what can be done our elections in this country has We do, however, seek to differentiate to improve our obviously and appall- caused the people we represent to between state and federal activities. ingly dysfunctional campaign finance doubt our personal integrity and the Soft money contributed to state par- system. Should our debate result in integrity of the institution we are priv- ties could be used for any and all state honest progress toward an acceptable ileged to serve. And that, my friends, is candidate activities. Let me repeat compromise we may not even need to a concern that should call us all to ac- that statement. Soft money given to hold cloture votes. Of course, this is an tion. the state parties could be used for any ideal result of the debate we commence The substitute that Senator FEIN- state electioneering activities. today, and I recognize that we are a GOLD and I offer today represents a sub- If a state allows soft money to be long way from achieving it. But I be- stantial change from S. 25, the original used in a gubernatorial race, a state lieve, with just a minimum of good McCain-Feingold Campaign Finance senate race, or the local Sheriff’s race, faith on all sides, we can get there. Reform Bill, but at the same time, it would still be allowed under this bill. But even if we fall short again, Mr. maintains the core of the original bill. However, if a state party seeks to use President, Senators will have shown I strongly support all the provisions soft money to indirectly influence a ourselves willing to stand up for our of the original bill. And as I have stat- federal race, such activity would be beliefs and risk the people’s judgment ed in the past, as the debate proceeds, banned 120 days prior to the general February 23, 1998 CONGRESSIONAL RECORD — SENATE S831 election. Voter registration and gen- honest, they simply drive up an indi- and employer information for contribu- eral campaign advertising would be al- vidual candidate’s negative polling tions over $50. Such information will lowed except during the 120 days prior numbers and increase public cynicism enable the public to have a better to the election. for public service in general. knowledge of all who give to political Voter registration efforts are very The modified bill explicitly protects campaigns. important. I know my colleagues rec- voter guides. I believe this is a very im- TITLE IV ognize that fact. We want individuals portant point. Some have unfairly Title IV of the modified bill seeks to to register and then to go vote. This criticized the original bill because they encourage individuals to limit the bill allows parties to engage in voter thought it banned or prohibited the amount of personal money they spend registration activities. Additionally, publication and distribution of voter on their own campaigns. If an individ- state parties would be allowed within guides and voting records. While I dis- ual voluntarily elects to limit the limits to engage in generic party ad- agree with those individual’s conclu- amount of money he or she spends in vertising. These activities help build sions, the sponsors of the modified bill his or her own race to $50,000, then the the party and encourage people to vote. sought to clarify this matter. national parties are able to use funds To make up for the loss of soft Let me state that voter guides are known as ‘‘coordinated expenditures’’ money, the modified bill doubles the completely protected in the modified to aid such candidates. If candidates limit that individuals can give to state bill. Any statements to the contrary refuse to limit their own personal parties in hard money. Consequently, are simply not true. spending, then the parties are prohib- the aggregate contribution limit for Not only are statements criticizing ited from contributing coordinated hard money that individuals could do- the bill on this point inaccurate, but funds to the candidate. nate to political races would rise to the bill—as I have stated—in fact pro- This provision serves to limit the ad- $30,000. tects voter guides. I want to read the vantages that wealthy candidates This ban of soft money is important provision in its entirety so that there enjoy and strengthen the party system for two fundamental reasons: first, it will be no questions regarding this by encouraging candidates to work would reduce the amount of money in matter: more closely with the parties. TITLE V the election process; and second, it (C) VOTING RECORD AND VOTER GUIDE EXCEP- would result in candidates being forced TION.—The term express advocacy shall not Lastly, the bill codifies the Beck de- to campaign for smaller dollar include a printed communication which is cision. The Beck decision states that a amounts from individuals back home. limited solely to presenting information in non-union employee working in a closed shop union workplace and who is TITLE II an educational manner about the voting record or positions on campaign issues of 2 required to contribute funds to the Title II of the modified bill seeks to or more candidates and which: union, can request and be assured that limit the role of independent expendi- (i) is not made in coordination with a can- his or her money not be used for politi- tures in political campaigns. didate, or political party or agency thereof; cal purposes. The bill in no way bans, curbs, or (ii) in the case of a voter guides based on I personally support much stronger seeks to control real, independent, non- a questionnaire, all candidates for a particu- language. I believe that no individual— coordinated expenditures in any man- lar seat or office have been provided with an equal opportunity to respond; a union member or not—should be ner. Any independent expenditure forced to contribute to political activi- made to advocate any cause, with the (iii) gives no candidate any greater promi- nence than any other candidate; and ties. However, I recognize that stronger exception of the express advocacy of a (iv) does not contain a phrase such as language would invite a filibuster of candidate’s victory or defeat, is fully ‘‘vote for’’, ‘‘reelect’’, ‘‘support’’, ‘‘Cast your this bill and would doom its final pas- allowed. To do anything else would vio- ballot for’’, ‘‘(name of candidate) for Con- sage. As a result, I will fight to pre- late the first amendment. gress’’, ‘‘(name of candidate) in 1997’’, ‘‘vote serve the delicately balanced language However, the bill does expand the against’’, ‘‘defeat’’, or ‘‘reject’’, or a cam- of the bill and will oppose amendments definition of express advocacy. The paign slogan or words which in context can have no reasonable meaning other than to offered by both sides of the aisle that courts have routinely ruled that the would result in killing this important Congress may define express advocacy. urge the election or defeat of 1 or more can- didates. measure. In fact, current standards of express Mr. President, what I have outlined advocacy have been derived from the I hope that this clear and concise language dispels any rumors that this is a basic summary of our modifica- Buckley case itself. tions to the original bill. I have heard modified bill will adversely, in any As we all know, the Supreme Court many of my colleagues say that they way, affect voter guides. case of Buckley v. Valeo stated that could not support S. 25, the original campaign spending cannot be TITLE III McCain-Feingold bill for a wide variety mandatorily capped. This bill is fully Title III of the modified bill man- of reasons. Some opposed spending lim- consistent with the Buckley decision. dates greater disclosure. Our bill man- its. Others opposed free or reduced rate What the modified bill seeks to do is dates that all FEC filings documenting broadcast time. Yet others could not establish a so-called ‘‘bright line’’ test campaign receipts and expenditures be live with postal subsidies to can- 60 days out from an election. Any inde- made electronically and that they then didates. And others complained that pendent expenditures that fall within be made accessible to the public on the nothing was being done about labor. that 60 day window could not use a can- Internet not later than 24 hours after I hope that all my colleagues who didate’s name or his or her likeness. the information is received by the Fed- made such statements will take a new During this 60 day period, ads could run eral Election Commission. and open minded look at this bill. Gone that advocate any number of issues. Additionally, current law allows for are spending limits. Gone is free broad- Pro-life ads, pro-choice ads, anti-labor campaigns to make a ‘‘best effort’’ to cast time. Gone are reduced rate TV ads, pro-wilderness ads, pro-Republican obtain the name, address, and occupa- time and postal subsidies. And we have party or Democratic party ads—all tion information of the donors of con- sought to address the problem of undue could be aired with impunity. However, tributions above $200. Our bill would influence being exercised by labor ads mentioning candidates themselves eliminate that waiver. If a campaign unions. All the excuses of the past are could not be aired. can not obtain the address and occupa- gone. This accomplishes much. First, if tion of a donor, then the donation can Mr. President, I know our legislation soft money is banned to the political not and should not be accepted. is not perfect. I know that if given the parties, such money will inevitably The bill also mandates random audits opportunity to offer amendments, flow to independent campaign organi- of campaigns. Such audits would only many Members will do exactly that, zations. These groups often run ads occur after an affirmative vote of at and the legislation may well be im- that the candidates themselves dis- least four of the six members of the proved as a result. I welcome those approve of. Further, these ads are al- FEC. This will prevent the use of au- amendments. But first we are required most always negative attack ads and dits as a purely partisan attack. to vote for or against tabling our do little to further beneficial debate The bill also mandates that cam- amendment. And I appeal to my col- and a healthy political dialogue. To be paigns seek to receive name, address leagues to vote against tabling. S832 CONGRESSIONAL RECORD — SENATE February 23, 1998 I know that many on this side of the Ms. Goetz, one of its reading clerks, an- transmitting a draft of proposed legislation aisle do not agree with all the provi- nounced that the House has passed the to provide for the establishment of an elec- sions I have outlined. But I know that following bill, in which it requests the tronic case management demonstration many recognize that there is a problem concurrence of the Senate: project; to the Committee on Banking, Hous- ing, and Urban Affairs. with the way we finance our elections, H.R. 1270. An act to amend the Nuclear EC–3948. A communication from the Man- and are distressed over the public’s dis- Waste Policy Act of 1982. aging Director of the Federal Housing Fi- dain for the system. It is a problem we f nance Board, transmitting, pursuant to law, must address. So let us do so. Let any the report of a rule received on February 17, senator offer an amendment to our leg- MEASURE PLACED ON THE 1998; to the Committee on Banking, Housing, islation. I may agree with some. I may CALENDAR and Urban Affairs. disagree with others. But by means of EC–3949. A communication from the Gen- The following bill was read twice and eral Counsel of the National Credit Union the amendment process we may begin placed on the calendar: building a consensus. Then we can all Administration, transmitting, pursuant to H.R. 1270. An act to amend the Nuclear law, the report of a rule received on Feb- sit down, in good faith, and do what the Waste Policy Act of 1982. ruary 10, 1998; to the Committee on Banking, people want us to do: come together on f Housing, and Urban Affairs. a consensus proposal to repair this ter- EC–3950. A communication from the Legis- ribly inequitable, unnecessarily expen- EXECUTIVE AND OTHER lative and Regulatory Activities Division, sive and, at times, corrupt campaign fi- COMMUNICATIONS Comptroller of the Currency, Administrator nance system. of National Banks, transmitting, pursuant to This is our opportunity. If we opt for The following communications were law, the report of a rule received on Feb- gridlock over results, we will only fuel laid before the Senate, together with ruary 6, 1998; to the Committee on Banking, the cynicism of the American elector- accompanying papers, reports, and doc- Housing, and Urban Affairs. ate. I hope we will do what is right and uments, which were referred as indi- EC–3951. A communication from the Sec- cated: retary of the U.S. Securities and Exchange take such steps as necessary to pass Commission, transmitting, pursuant to law, EC–3938. A communication from the Chair- meaningful campaign finance reform. the report of a rule received on February 18, man of the Federal Election Commission, f 1998; to the Committee on Banking, Housing, transmitting, pursuant to law, the report of and Urban Affairs. the fiscal year 1999 budget request; to the UNANIMOUS CONSENT EC–3952. A communication from the Ad- Committee on Rules and Administration. AGREEMENT ministrator of the U.S. Agency for Inter- EC–3939. A communication from the Assist- national Development, transmitting, pursu- Mr. MCCAIN. Mr. President, On be- ant Secretary of State (Legislative Affairs), ant to law, the report of Development Assist- half of the majority leader, I ask unan- transmitting, pursuant to law, a report on ance Program allocations for fiscal year 1998; imous consent that at 10:30 a.m. on military expenditures for countries receiving Tuesday, February 24, the Senate re- to the Committee on Foreign Relations. U.S. assistance; to the Committee on Appro- EC–3953. A communication from the Direc- sume consideration of the pending priations. tor of the Defense Security Assistance Agen- McCain-Feingold amendment. I further EC–3940. A communication from the Direc- cy, transmitting, pursuant to law, a report ask consent that the time between tor of the Office of Surface Mining, Reclama- relative to foreign military sales customers; 10:30 and 12:30 be equally divided be- tion, and Enforcement, Department of the to the Committee on Foreign Relations. tween the opponents and proponents. I Interior, transmitting, pursuant to law, the EC–3954. A communication from the Direc- ask unanimous consent that the time reports of two rules; to the Committee on tor of the Defense Security Assistance Agen- Energy and Natural Resources. from 2:15 to 4 p.m. be equally divided cy, transmitting, pursuant to law, a report EC–3941. A communication from the Dep- relative to the status of loans and guaran- between the opponents and proponents uty Associate Director for Royalty Manage- prior to the motion to table, and, fi- tees issued under the Arms Export Control ment, Royalty Management Program, Min- Act; to the Committee on Foreign Relations. nally, at 4 p.m. the Senate proceed to a erals Management Service, Department of EC–3955. A communication from the Direc- vote in relation to the pending McCain- the Interior, transmitting, pursuant to law, tor of the Defense Security Assistance Agen- Feingold amendment. notice of the intention to make refunds of cy, transmitting, pursuant to law, a report The PRESIDING OFFICER. Is there offshore lease revenues where a refund or relative to an analysis and description of objection? recoupment is appropriate; to the Commit- services performed by full-time USG employ- Without objection, it is so ordered. tee on Energy and Natural Resources. ees during fiscal year 1997; to the Committee f EC–3942. A communication from the Dep- on Foreign Relations. uty Associate Director for Royalty Manage- EC–3956. A communication from the Assist- MORNING BUSINESS ment, Royalty Management Program, Min- ant Secretary of State (Legislative Affairs), erals Management Service, Department of Mr. MCCAIN. Mr. President, I ask transmitting, pursuant to law, the report of the Interior, transmitting, pursuant to law, a determination relative to assistance to the unanimous consent that there now be a notice of the intention to make refunds of period for morning business, with Sen- Government of Haiti; to the Committee on offshore lease revenues where a refund or Foreign Relations. ators permitted to speak therein for up recoupment is appropriate; to the Commit- EC–3957. A communication from the Assist- to 10 minutes each. tee on Energy and Natural Resources. ant Secretary of State (Legislative Affairs), The PRESIDING OFFICER. Without EC–3943. A communication from the Assist- transmitting, pursuant to law, the report of objection, it is so ordered. ant Secretary of the Interior for Fish and the allocation of funds for fiscal year 1998; to f Wildlife and Parks, transmitting, pursuant the Committee on Foreign Relations. to law, a report relative to the establishment EC–3958. A communication from the Assist- MESSAGES FROM THE PRESIDENT of a memorial to the Reverend Dr. Martin ant Secretary of State (Legislative Affairs), Messages from the President of the Luther King, Jr.; to the Committee on En- transmitting, pursuant to law, a report on United States were communicated to ergy and Natural Resources. U.S. Government assistance to and coopera- the Senate by Mr. Williams, one of his EC–3944. A communication from the Sec- tive activities with the New Independent retary of Energy, transmitting, pursuant to secretaries. States of the former Soviet Union; to the law, a report relative to hazardous air pol- Committee on Foreign Relations. EXECUTIVE MESSAGES REFERRED lutants; to the Committee on Energy and EC–3959. A communication from the Assist- As in executive session the Presiding Natural Resources. ant Secretary of State (Legislative Affairs), Officer laid before the Senate messages EC–3945. A communication from the Assist- transmitting, pursuant to law, the report re- from the President of the United ant Secretary of the Interior for Land and garding the economic policies and trade States submitting a withdrawal and Minerals Management, transmitting, pursu- practices of countries with which the U.S. sundry nominations which were re- ant to law, the report of a rule received on has significant economic or trade relations; ferred to the appropriate committees. February 17, 1998; to the Committee on En- to the Committee on Foreign Relations. (The nominations received today are ergy and Natural Resources. EC–3960. A communication from the Assist- printed at the end of the Senate pro- EC–3946. A communication from the Direc- ant Secretary of State (Legislative Affairs), tor of the Office of Rulemaking Coordina- transmitting, pursuant to law, the reports of ceedings.) tion, Department of Energy, transmitting, four notices of the proposed issuance of ex- f pursuant to law, the report of a rule received port licenses; to the Committee on Foreign MESSAGES FROM THE HOUSE on January 21, 1998; to the Committee on En- Relations. ergy and Natural Resources. EC–3961. A communication from the Assist- At 12:00 noon, a message from the EC–3947. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- House of Representatives, delivered by ant Attorney General (Legislative Affairs), ment of State, transmitting the report of the February 23, 1998 CONGRESSIONAL RECORD — SENATE S833 texts of international agreements, other Oriented Policing Services; to the Commit- and Excellence In Education Foundation, than treaties, and background statements; tee on the Judiciary. transmitting, pursuant to law, the annual re- to the Committee on Foreign Relations. EC–3977. A communication from the Com- port of activities for fiscal year 1997; to the EC–3962. A communication from the Assist- missioner of the Immigration and Natu- Committee on Labor and Human Resources. ant Legal Adviser for Treaty Affairs, Depart- ralization Service, Department of Justice, EC–3992. A communication from the Sec- ment of State, transmitting the report of the transmitting, pursuant to law, the report of retary of Health and Human Services, trans- texts of international agreements, other a rule received on February 11, 1998; to the mitting, pursuant to law, a report on the than treaties, and background statements; Committee on the Judiciary. U.S.-Japan Cooperative Medical Science Pro- to the Committee on Foreign Relations. EC–3978. A communication from the Assist- gram; to the Committee on Labor and EC–3963. A communication from the Na- ant Secretary of Commerce and Commis- Human Resources. tional Endowment for Democracy, transmit- sioner of Patents and Trademarks, transmit- EC–3993. A communication from the Sec- ting, pursuant to law, the report under the ting, pursuant to law, the report of a rule re- retary of Health and Human Services, trans- Freedom of Information Act for calendar ceived on February 2, 1998; to the Committee mitting, pursuant to law, a report on the year 1997; to the Committee on the Judici- on the Judiciary. sentinel disease concept study; to the Com- ary. EC–3979. A communication from the Chair- mittee on Labor and Human Resources. EC–3964. A communication from the Ad- man and Chief Executive Officer, Farm Cred- EC–3994. A communication from the Sec- ministrator of the National Aeronautics and it Administration, transmitting, pursuant to retary of Health and Human Services, trans- Space Administration, transmitting, pursu- law, the report of a rule received on Feb- mitting, pursuant to law, a report on the ant to law, the report under the Freedom of ruary 2, 1998; to the Committee on Agri- Ryan White Care Act Programs for fiscal Information Act for calendar year 1997; to culture, Nutrition, and Forestry. year 1996; to the Committee on Labor and EC–3980. A communication from the Chair- the Committee on the Judiciary. Human Resources. EC–3965. A communication from the Chair- man and Chief Executive Officer, Farm Cred- EC–3995. A communication from the Chair- man of the Federal Energy Regulatory Com- it Administration, transmitting, pursuant to man and Vice Chairman of the National mission, transmitting, pursuant to law, the law, the annual report for fiscal year 1997; to Commission On the Cost of Higher Edu- the Committee on Agriculture, Nutrition, report under the Freedom of Information Act cation, transmitting jointly, pursuant to and Forestry. for calendar year 1997; to the Committee on law, the final report of the Commission; to EC–3981. A communication from the Dep- the Judiciary. the Committee on Labor and Human Re- uty Executive Director of the U.S. Commod- EC–3966. A communication from the Direc- sources. ity Futures Trading Commission, transmit- tor of the National Counterintelligence Cen- EC–3996. A communication from the Dep- ting, pursuant to law, the report of a rule re- ter, transmitting, pursuant to law, the re- uty Director, Regulations Policy and Man- ceived on February 17, 1998; to the Commit- port under the Freedom of Information Act agement Staff, Office of Policy, Food and tee on Agriculture, Nutrition, and Forestry. Drug Administration, Department of Health for calendar year 1997; to the Committee on EC–3982. A communication from the Under and Human Services, transmitting, pursuant the Judiciary. Secretary of Agriculture for Rural Develop- EC–3967. A communication from the Vice to law, the reports of two rules; to the Com- ment, transmitting, pursuant to law, the re- Chairman of the National Indian Gaming mittee on Labor and Human Resources. port of a rule; to the Committee on Agri- Commission, transmitting, pursuant to law, EC–3997. A communication from the Direc- culture, Nutrition, and Forestry. the report under the Freedom of Information EC–3983. A communication from the Under tor, Regulations Policy and Management Act for calendar year 1997; to the Committee Secretary of Agriculture for Food, Nutrition, Staff, Office of Policy, Food and Drug Ad- on the Judiciary. and Consumer Services, transmitting, pursu- ministration, Department of Health and EC–3968. A communication from the Direc- ant to law, the report of a rule received on Human Services, transmitting, pursuant to tor of the U.S. Information Agency, trans- February 18, 1998; to the Committee on Agri- law, the reports of four rules; to the Commit- mitting, pursuant to law, the report under culture, Nutrition, and Forestry. tee on Labor and Human Resources. the Freedom of Information Act for calendar EC–3984. A communication from the Ad- EC–3998. A communication from the Prin- year 1997; to the Committee on the Judici- ministrator of the Farm Service Agency, De- cipal Deputy of the Office of the Assistant ary. partment of Agriculture, transmitting, pur- Secretary (Installations and Environment), EC–3969. A communication from the Chair- suant to law, the reports of two rules; to the Department of the Navy, transmitting, pur- man of the Board of Governors of the Federal Committee on Agriculture, Nutrition, and suant to law, a report relative to DOD civil- Reserve System, transmitting, pursuant to Forestry. ian employees; to the Committee on Armed law, the report under the Freedom of Infor- EC–3985. A communication from the Con- Services. mation Act for calendar year 1997; to the gressional Review Coordinator, Animal and EC–3999. A communication from the Under Committee on the Judiciary. Plant Health Inspection Service, Department Secretary of Defense (Acquisition and Tech- EC–3970. A communication from the Chair- of Agriculture, transmitting, pursuant to nology), transmitting, pursuant to law, a re- man of the U.S. Securities and Exchange law, the reports of three rules; to the Com- port relative to depot-level maintenance and Commission, transmitting, pursuant to law, mittee on Agriculture, Nutrition, and For- repair workloads; to the Committee on the report under the Freedom of Information estry. Armed Services. Act for calendar year 1997; to the Committee EC–3986. A communication from the Acting EC–4000. A communication from the Under on the Judiciary. Administrator of the Agricultural Marketing Secretary of Defense (Acquisition and Tech- EC–3971. A communication from the Board Service, Marketing and Regulatory Pro- nology), transmitting, pursuant to law, a re- Members of the Railroad Retirement Board, grams, Department of Agriculture, transmit- port relative to depot-level maintenance and transmitting, pursuant to law, the report ting, pursuant to law, the reports of seven repair workloads; to the Committee on under the Freedom of Information Act for rules; to the Committee on Agriculture, Nu- Armed Services. calendar year 1997; to the Committee on the trition, and Forestry. EC–4001. A communication from the Under Judiciary. EC–3987. A communication from the Secretary of Defense (Acquisition and Tech- EC–3972. A communication from the Prin- Brigham and Women’s Hospital, Boston, nology), transmitting, pursuant to law, a re- cipal Deputy Assistant Secretary of Defense Massaschusetts, transmitting, a report rel- port relative to depot-level maintenance and for Public Affairs, transmitting, pursuant to ative to breastfeeding; to the Committee on repair workloads; to the Committee on law, the report under the Freedom of Infor- Labor and Human Resources. Armed Services. mation Act for calendar year 1997; to the EC–3988. A communication from the Dep- EC–4002. A communication from the Under Committee on the Judiciary. uty Executive Director and Chief Operating Secretary of Defense (Acquisition and Tech- EC–3973. A communication from the Chair- Officer, Pension Benefit Guaranty Corpora- nology), transmitting, pursuant to law, a re- man of the Federal Mine Safety and Health tion, transmitting, pursuant to law, the re- port on strategic and critical materials for Review Commission, transmitting, pursuant port of a rule received on February 6, 1998; to fiscal year 1997; to the Committee on Armed to law, the report under the Freedom of In- the Committee on Labor and Human Re- Services. formation Act for calendar year 1997; to the sources. EC–4003. A communication from the Under Committee on the Judiciary. EC–3989. A communication from the Acting Secretary of Defense (Acquisition and Tech- EC–3974. A communication from the Attor- Assistant Secretary of Labor for Employ- nology), transmitting, pursuant to law, a re- ney General, transmitting, pursuant to law, ment and Training, transmitting, pursuant port relative to the Foreign Comparative the report of the summary performance plan to law, the report of a rule received on Feb- Testing Program for fiscal year 1997; to the for fiscal year 1999; to the Committee on the ruary 4, 1998; to the Committee on Labor and Committee on Armed Services. Judiciary. Human Resources. EC–4004. A communication from the Chair EC–3975. A communication from the Direc- EC–3990. A communication from the Assist- of the Defense Environmental Response Task tor of the Federal Bureau of Prisons, Depart- ant Secretary of Labor for Occupational Force, Office of the Under Secretary of De- ment of Justice, transmitting, pursuant to Safety and Health, transmitting, pursuant to fense, transmitting, pursuant to law, the an- law, the report of three rules; to the Com- law, the report of a rule received on Feb- nual report for fiscal year 1997; to the Com- mittee on the Judiciary. ruary 2, 1998; to the Committee on Labor and mittee on Armed Services. EC–3976. A communication from the Attor- Human Resources. EC–4005. A communication from the Chief, ney General, transmitting, pursuant to law, EC–3991. A communication from the Chair- Programs and Legislation Division, Office of a report relative to the Office of Community man of the Barry M. Goldwater Scholarship Legislative Liaison, Department of the Air S834 CONGRESSIONAL RECORD — SENATE February 23, 1998 Force, transmitting, pursuant to law, the re- on February 26, 1998; to the Committee on bia, transmitting, pursuant to law, copies of port of a cost comparison; to the Committee Finance. D.C. Act 12-233 adopted by the Council on De- on Armed Services. EC–4022. A communication from the Sec- cember 4, 1997; to the Committee on Govern- EC–4006. A communication from the Chief, retary of Health and Human Services and the mental Affairs. Programs and Legislation Division, Office of Attorney General, transmitting jointly, pur- EC–4038. A communication from the Chair- Legislative Liaison, Department of the Air suant to law, the report of the Health Care man of the Council of the District of Colum- Force, transmitting, pursuant to law, the re- Fraud and Abuse Control Program for fiscal bia, transmitting, pursuant to law, copies of port of a cost comparison; to the Committee year 1997; to the Committee on Finance. D.C. Act 12-234 adopted by the Council on De- on Armed Services. EC–4023. A communication from the Sec- cember 4, 1997; to the Committee on Govern- EC–4007. A communication from the Acting retary of Health and Human Services, trans- mental Affairs. Assistant Secretary of Defense (Force Man- mitting, pursuant to law, the reports of EC–4039. A communication from the Chair- agement Policy), transmitting, pursuant to three rules; to the Committee on Finance. man of the Council of the District of Colum- law, a report relative to institutions of high- EC–4024. A communication from the Sec- bia, transmitting, pursuant to law, copies of er education; to the Committee on Armed retary of Health and Human Services, trans- D.C. Act 12-235 adopted by the Council on De- Services. mitting, pursuant to law, a report relative to cember 4, 1997; to the Committee on Govern- EC–4008. A communication from the Assist- Medicare SELECT supplemental policies; to mental Affairs. ant Secretary of Defense (Reserve Affairs), the Committee on Finance. EC–4040. A communication from the Chair- transmitting, pursuant to law, a report on EC–4025. A communication from the Chief, man of the Council of the District of Colum- Reserve retirement initiatives; to the Com- Regulations Unit, Internal Revenue Service, bia, transmitting, pursuant to law, copies of mittee on Armed Services. Department of the Treasury, transmitting, D.C. Act 12-236 adopted by the Council on De- EC–4009. A communication from the Assist- pursuant to law, the report of an action on a cember 4, 1997; to the Committee on Govern- ant Secretary of Defense (Legislative Af- decision received on February 2, 1998; to the mental Affairs. fairs), transmitting, pursuant to law, a re- Committee on Finance. EC–4041. A communication from the Chair- EC–4026. A communication from the Chief, port relative to depot-level maintenance and man of the Council of the District of Colum- Regulations Unit, Internal Revenue Service, bia, transmitting, pursuant to law, copies of repair; to the Committee on Armed Services. EC–4010. A communication from the Dep- Department of the Treasury, transmitting, D.C. Act 12-246 adopted by the Council on De- uty Secretary of Defense, transmitting, pur- pursuant to law, the reports of two Treasury cember 4, 1997; to the Committee on Govern- suant to law, a report on private sourcing of Regulations; to the Committee on Finance. mental Affairs. EC–4027. A communication from the Chief, EC–4042. A communication from the Chair- airlift of military personnel and cargo; to Regulations Unit, Internal Revenue Service, man of the Council of the District of Colum- the Committee on Armed Services. Department of the Treasury, transmitting, bia, transmitting, pursuant to law, copies of EC–4011. A communication from the Sec- pursuant to law, the reports of four Notices D.C. Act 12-249 adopted by the Council on De- retary of Defense, transmitting, pursuant to including Notices 98:9–10, and 14; to the Com- cember 4, 1997; to the Committee on Govern- law, the annual report for fiscal year 1998; to mittee on Finance. mental Affairs. the Committee on Armed Services. EC–4028. A communication from the Chief, EC–4043. A communication from the Sec- EC–4012. A communication from the Sec- Regulations Unit, Internal Revenue Service, retary, Mississippi River Commission, Corps retary of Defense, transmitting, pursuant to Department of the Treasury, transmitting, of Engineers, Department of the Army, law, the annual report for fiscal year 1998; to pursuant to law, the reports of Revenue Pro- transmitting, pursuant to law, the report the Committee on Armed Services. cedures 98:18, 20-21, and 23; to the Committee under the Government in the Sunshine Act EC–4013. A communication from the Sec- on Finance. for calendar year 1997; to the Committee on retary of Defense, transmitting, a draft of EC–4029. A communication from the Chief, Governmental Affairs. proposed legislation entitled ‘‘The Depart- Regulations Unit, Internal Revenue Service, EC–4044. A communication from the Gen- ment of Defense Reform Act of 1998″; to the Department of the Treasury, transmitting, eral Counsel and Corporate Secretary, Legal Committee on Armed Services. pursuant to law, the reports of Revenue Rul- Services Corporation, transmitting, pursu- EC–4014. A communication from the Direc- ing 98:9; to the Committee on Finance. ant to law, the report under the Government tor of Defense Procurement, Office of the EC–4030. A communication from the Chair- in the Sunshine Act for calendar year 1997; to Under Secretary of Defense, transmitting, man of the Council of the District of Colum- the Committee on Governmental Affairs. pursuant to law, the reports of two rules; to bia, transmitting, pursuant to law, copies of EC–4045. A communication from the Execu- the Committee on Armed Services. D.C. Act 12-226 adopted by the Council on De- tive Officer of the National Science Board, EC–4015. A communication from the Direc- cember 4, 1997; to the Committee on Govern- transmitting, pursuant to law, the report tor (Administration and Management), Of- mental Affairs. under the Government in the Sunshine Act fice of the Secretary of Defense, transmit- EC–4031. A communication from the Chair- for calendar year 1997; to the Committee on ting, pursuant to law, the reports of two man of the Council of the District of Colum- Governmental Affairs. rules; to the Committee on Armed Services. bia, transmitting, pursuant to law, copies of EC–4046. A communication from the Chair- EC–4016. A communication from the Chief, D.C. Act 12-227 adopted by the Council on De- man of the Federal Mine Safety and Health Regulations Division, Bureau of Alcohol, cember 4, 1997; to the Committee on Govern- Review Commission, transmitting, pursuant Tobacoo, and Firearms, Department of the mental Affairs. to law, the report under the Government in Treasury, transmitting, pursuant to law, the EC–4032. A communication from the Chair- the Sunshine Act for calendar year 1997; to report of a rule received on February 10, 1998; man of the Council of the District of Colum- the Committee on Governmental Affairs. to the Committee on Finance. bia, transmitting, pursuant to law, copies of EC–4047. A communication from the Execu- EC–4017. A communication from the Attor- D.C. Act 12-228 adopted by the Council on De- tive Secretary of the National Labor Rela- ney-Advisor, Federal Register Certifying Of- cember 4, 1997; to the Committee on Govern- tions Board, transmitting, pursuant to law, fice, Department of the Treasury, transmit- mental Affairs. the report under the Government in the Sun- ting, pursuant to law, the report of a rule re- EC–4033. A communication from the Chair- shine Act for calendar year 1997; to the Com- ceived on January 28, 1998; to the Committee man of the Council of the District of Colum- mittee on Governmental Affairs. on Finance. bia, transmitting, pursuant to law, copies of EC–4048. A communication from the Acting EC–4018. A communication from the Chief D.C. Act 12-229 adopted by the Council on De- Director of Communications and Legislative Counsel of the Bureau of the Public Debt, cember 4, 1997; to the Committee on Govern- Affairs, U.S. Equal Employment Opportunity Department of the Treasury, transmitting, mental Affairs. Commission, transmitting, pursuant to law, pursuant to law, the report of a rule received EC–4034. A communication from the Chair- the report under the Government in the Sun- on January 22, 1998; to the Committee on Fi- man of the Council of the District of Colum- shine Act for calendar year 1997; to the Com- nance. bia, transmitting, pursuant to law, copies of mittee on Governmental Affairs. EC–4019. A communication from the Acting D.C. Act 12-230 adopted by the Council on De- EC–4049. A communication from the Execu- Assistant Secretary for Import Administra- cember 4, 1997; to the Committee on Govern- tive Director of the Committee For Purchase tion, Department of Commerce, and the Di- mental Affairs. From People Who Are Blind Or Severely Dis- rector of the Office of Insular Affairs, De- EC–4035. A communication from the Chair- abled, transmitting, pursuant to law, six ad- partment of the Interior, transmitting joint- man of the Council of the District of Colum- ditions to the procurement list received on ly, pursuant to law, the report of a rule re- bia, transmitting, pursuant to law, copies of February 12, 1998; to the Committee on Gov- ceived on February 12, 1998; to the Commit- D.C. Act 12-231 adopted by the Council on De- ernmental Affairs. tee on Finance. cember 4, 1997; to the Committee on Govern- EC–4050. A communication from the Direc- EC–4020. A communication from the Presi- mental Affairs. tor of the Federal Emergency Management dent of the United States, transmitting, pur- EC–4036. A communication from the Chair- Agency, transmitting, pursuant to law, the suant to law, a report concerning the emi- man of the Council of the District of Colum- report on the internal controls and financial gration laws and policies of Albania; to the bia, transmitting, pursuant to law, copies of systems in effect during fiscal year 1997; to Committee on Finance. D.C. Act 12-232 adopted by the Council on De- the Committee on Governmental Affairs. EC–4021. A communication from the Chief, cember 4, 1997; to the Committee on Govern- EC–4051. A communication from the Presi- Regulations Branch, U.S. Customs Service, mental Affairs. dent of the National Endowment for Democ- Department of the Treasury, transmitting, EC–4037. A communication from the Chair- racy, transmitting, pursuant to law, the re- pursuant to law, the report of a rule received man of the Council of the District of Colum- port on the internal controls and financial February 23, 1998 CONGRESSIONAL RECORD — SENATE S835 systems in effect during fiscal year 1997; to Policy, U.S. General Services Administra- Compliance and Restoration Program for fis- the Committee on Governmental Affairs. tion, transmitting, pursuant to law, the re- cal year 1996; to the Committee on Com- EC–4052. A communication from the Sec- port of a rule received on February 18, 1998; merce, Science, and Transportation. retary of Energy, transmitting, pursuant to to the Committee on Governmental Affairs. EC–4081. A communication from the Sec- law, the report on the internal controls and EC–4067. A communication from the Chair- retary of Transportation, transmitting, pur- financial systems in effect during fiscal year man of the District of Columbia Financial suant to law, the report of the White House 1997; to the Committee on Governmental Af- Responsibility and Management Assistant Commission On Aviation Safety and Secu- fairs. Authority, transmitting, pursuant to law, a rity; to the Committee on Commerce, EC–4053. A communication from the Office report entitled ‘‘Graduating to a Better Fu- Science, and Transportation. of the Director of the National Gallery of ture: Public Higher Education in the District EC–4082. A communication from the Sec- Art, transmitting, pursuant to law, the re- of Columbia’’; to the Committee on Govern- retary of the Federal Trade Commission, port on the internal controls and financial mental Affairs. transmitting, pursuant to law, the report of systems in effect during fiscal year 1997; to EC–4068. A communication from the Chair- a rule received on February 12, 1998; to the the Committee on Governmental Affairs. man of the District of Columbia Financial Committee on Commerce, Science, and EC–4054. A communication from the Presi- Responsibility and Management Assistant Transportation. dent of the National Endowment for Democ- Authority, transmitting, pursuant to law, EC–4083. A communication from the Direc- racy, transmitting, pursuant to law, the re- the report of the general purpose financial tor of the Bureau of Economic Analysis, De- port of the Office of Inspector General for fis- statements and independent auditor’s report partment of Commerce, transmitting, pursu- cal year 1997; to the Committee on Govern- for fiscal year 1997; to the Committee on ant to law, the report of a rule received on mental Affairs. Governmental Affairs. February 3, 1998; to the Committee on Com- EC–4055. A communication from the Direc- EC–4069. A communication from the In- merce, Science, and Transportation. tor of the Federal Emergency Management terim District of Columbia Auditor, trans- EC–4084. A communication from the Ad- Agency, transmitting, pursuant to law, the mitting, pursuant to law, a report entitled ministrator of the Federal Aviation Admin- istration, Department of Transportation, report of the Office of Inspector General for ‘‘Review of the Department of Employment transmitting, pursuant to law, the report of the period April 1 through September 30, Services’ Surplus Tax Surcharge Funds’’; to assistance provided to foreign aviation au- 1997; to the Committee on Governmental Af- the Committee on Governmental Affairs. thorities for fiscal year 1997; to the Commit- fairs. EC–4070. A communication from the Direc- EC–4056. A communication from the Direc- tor of the Office of Management and Budget, tee on Commerce, Science, and Transpor- tation. tor, Financial Management, Assistant Comp- Executive Office of the President, transmit- EC–4085. A communication from the Ad- troller General of the United States, trans- ting, pursuant to law, the report of the per- ministrator of the Federal Aviation Admin- mitting, pursuant to law, the report of the formance plan for fiscal year 1999; to the istration, Department of Transportation, Comptrollers’ General Retirement System Committee on Governmental Affairs. transmitting, pursuant to law, the report on EC–4071. A communication from the Office for fiscal year 1997; to the Committee on the Aircraft Cabin Air Quality Research Pro- of Independent Counsel, transmitting, pursu- Governmental Affairs. gram; to the Committee on Commerce, EC–4057. A communication from the Acting ant to law, the annual report for fiscal year Science, and Transportation. Comptroller General of the United States, 1997; to the Committee on Governmental Af- EC–4086. A communication from the Execu- transmitting, pursuant to law, the report of fairs. tive Director of the U.S. Architectural and Congressional detailees; to the Committee EC–4072. A communication from the Post- Transportation Barriers Compliance Board, on Governmental Affairs. master General of the U.S. Postal Service, transmitting, pursuant to law, the report of EC–4058. A communication from the Comp- transmitting, pursuant to law, the report en- a rule received on February 4, 1998; to the troller General of the United States, trans- titled ‘‘Comprehensive Statement on Postal Committee on Commerce, Science, and mitting, pursuant to law, a report relative to Operations’’; to the Committee on Govern- Transportation. bid protests for fiscal year 1997; to the Com- mental Affairs. EC–4087. A communication from the Sec- mittee on Governmental Affairs. EC–4073. A communication from the Com- retary of Commerce, transmitting, pursuant EC–4059. A communication from the Comp- missioner of Social Security, transmitting, to law, the spectrum reallocation report; to troller General of the United States, trans- pursuant to law, a report entitled ‘‘Evalua- the Committee on Commerce, Science, and mitting, pursuant to law, the report of the tion of Partnership’’; to the Committee on Transportation. list of General Accounting Office reports for Governmental Affairs. EC–4088. A communication from the Acting December 1997; to the Committee on Govern- EC–4074. A communication from the Gen- Under Secretary of Commerce for Tech- mental Affairs. eral Counsel of the Federal Retirement nology, transmitting, pursuant to law, a re- EC–4060. A communication from the Acting Thrift Investment Board, transmitting, pur- port relative to PNGV technologies; to the Comptroller General of the United States, suant to law, the report of a rule received on Committee on Commerce, Science, and transmitting, pursuant to law, the annual re- January 29, 1998; to the Committee on Gov- Transportation. port for fiscal year 1997; to the Committee on ernmental Affairs. EC–4089. A communication from the AMD- Governmental Affairs. EC–4075. A communication from the Acting Performance Evaluation and Records Man- EC–4061. A communication from the Acting Director of the Office of Federal Housing En- agement, Federal Communications Commis- Director of the U.S. Office of Personnel Man- terprise Oversight, transmitting, pursuant to sion, transmitting, pursuant to law, the re- agement, transmitting, a draft of proposed law, the report of a rule received on Feb- ports of fourteen rules; to the Committee on legislation entitled ‘‘The Federal Employees’ ruary 18, 1998; to the Committee on Govern- Commerce, Science, and Transportation. Benefits Equity Act of 1997’’; to the Commit- mental Affairs. EC–4090. A communication from the Gen- tee on Governmental Affairs. EC–4076. A communication from the Ad- eral Counsel of the Department of Transpor- EC–4062. A communication from the Acting ministrator of the National Aeronautics and tation, transmitting, pursuant to law, the re- Director of the U.S. Office of Personnel Man- Space Administration, transmitting, pursu- ports of eighty-four rules; to the Committee agement, transmitting, a draft of proposed ant to law, the report of indemnification ac- on Commerce, Science, and Transportation. legislation entitled ‘‘The Federal Employees’ tions approved during calendar year 1997; to EC–4091. A communication from the Assist- Health Benefits Children’s Equity Act of the Committee on Commerce, Science, and ant Administrator for Fisheries, National 1997’’; to the Committee on Governmental Transportation. Marine Fisheries Service, Department of Affairs. EC–4077. A communication from the Ad- Commerce, transmitting, pursuant to law, EC–4063. A communication from the Direc- ministrator of the National Aeronautics and the reports of two rules; to the Committee tor of the U.S. Office of Personnel Manage- Space Administration, transmitting, pursu- on Commerce, Science, and Transportation. ment, transmitting, pursuant to law, a re- ant to law, the report of a rule received on EC–4092. A communication from the Direc- port entitled ‘‘Health Promotion and Disease January 26, 1998; to the Committee on Com- tor of the Office of Sustainable Fisheries, Prevention Activities’’; to the Committee on merce, Science, and Transportation. National Marine Fisheries Service, Depart- Governmental Affairs. EC–4078. A communication from the Sec- ment of Commerce, transmitting, pursuant EC–4064. A communication from the Direc- retary of Transportation, transmitting, pur- to law, the reports of two rules; to the Com- tor of the U.S. Office of Personnel Manage- suant to law, a report relative to the Port- mittee on Commerce, Science, and Transpor- ment, transmitting, pursuant to law, the re- au-Prince International Airport, Port-au- tation. ports of two rules; to the Committee on Gov- Prince, Haiti; to the Committee on Com- EC–4093. A communication from the Acting ernmental Affairs. merce, Science, and Transportation. Director of the Office of Sustainable Fish- EC–4065. A communication from the Ad- EC–4079. A communication from the Sec- eries, National Marine Fisheries Service, De- ministrator of the U.S. General Services Ad- retary of Transportation, transmitting, pur- partment of Commerce, transmitting, pursu- ministration, transmitting, a draft of pro- suant to law, a report on the potential for ant to law, the reports of three rules; to the posed legislation relative to child care serv- use of land options in Federally-funded air- Committee on Commerce, Science, and ices for Federal employees in Federal build- port projects; to the Committee on Com- Transportation. ings; to the Committee on Governmental Af- merce, Science, and Transportation. EC–4094. A communication from the Dep- fairs. EC–4080. A communication from the Sec- uty Assistant Administrator for Fisheries, EC–4066. A communication from the Dep- retary of Transportation, transmitting, pur- National Marine Fisheries Service, Depart- uty Associate Administrator for Acquisition suant to law, a report on the Environmental ment of Commerce, transmitting, pursuant S836 CONGRESSIONAL RECORD — SENATE February 23, 1998 to law, the reports of three rules; to the EC–4108. A communication from the Direc- By Mr. ROTH, from the Committee on Fi- Committee on Commerce, Science, and tor of the Office of Regulatory Management nance, with an amendment in the nature of Transportation. and Information, U.S. Environmental Pro- a substitute and an amendment to the title: EC–4095. A communication from the Sec- tection Agency, transmitting, pursuant to S. 1133. A bill to amend the Internal Reve- retary of Transportation, transmitting, pur- law, the report of three rules received on nue Code of 1986 to allow tax-free expendi- suant to law, the annual report of the Migra- January 28, 1998; to the Committee on Envi- tures from education individual retirement tory Bird Conservation Commission for fis- ronment and Public Works. accounts for elementary and secondary cal year 1997; to the Committee on Environ- EC–4109. A communication from the Direc- school expenses and to increase the maxi- ment and Public Works. tor of the Office of Regulatory Management mum annual amount of contributions to EC–4096. A communication from the Serv- and Information, U.S. Environmental Pro- such accounts (Rept. No. 105–164). ice Federal Register Liaison Officer, Fish tection Agency, transmitting, pursuant to f and Wildlife Service, Department of the Inte- law, the report of three rules received on rior, transmitting, pursuant to law, the re- January 29, 1998; to the Committee on Envi- REPORTS OF COMMITTEES port of three rules received on January 26, ronment and Public Works. The following reports of committees 1998; to the Committee on Environment and EC–4110. A communication from the Direc- Public Works. tor of the Office of Regulatory Management were submitted on February 23, 1998: EC–4097. A communication from the Ad- and Information, U.S. Environmental Pro- By Mr. SHELBY, from the Select Commit- ministrator of the National Aeronautics and tection Agency, transmitting, pursuant to tee on Intelligence, without amendment: Space Administration, transmitting, pursu- law, the report of three rules received on S. 1668. An original bill to encourage the ant to law, the report entitled ‘‘Progress on February 2, 1998; to the Committee on Envi- disclosure to Congress of certain classified Superfund Implementation in Fiscal Year ronment and Public Works. and related information (Rept. No. 105–165). 1997’’; to the Committee on Environment and EC–4111. A communication from the Direc- Public Works. f tor of the Office of Regulatory Management EC–4098. A communication from the Presi- INTRODUCTION OF BILLS AND dent of the United States, transmitting, pur- and Information, U.S. Environmental Pro- suant to law, the report of the Presidential tection Agency, transmitting, pursuant to JOINT RESOLUTIONS Determination (97–35) relative to classified law, the report of a rule received on Feb- The following bills and joint resolu- information concerning the Air Force’s oper- ruary 3, 1998; to the Committee on Environ- ment and Public Works. tions were introduced, read the first ating location near Groom Lake, Nevada; to and second time by unanimous con- the Committee on Environment and Public EC–4112. A communication from the Direc- Works. tor of the Office of Regulatory Management sent, and referred as indicated on Feb- EC–4099. A communication from the Chair- and Information, U.S. Environmental Pro- ruary 1, 1998: man of the U.S. Nuclear Regulatory Commis- tection Agency, transmitting, pursuant to By Mr. ROTH: sion, transmitting, pursuant to law, the re- law, the reports of forty-eight rules received S. 1622. A bill to suspend temporarily the port on the nondisclosure of safeguards in- on February 4, 1998; to the Committee on En- duty on deltamethrin; to the Committee on formation for the period October 1 through vironment and Public Works. Finance. December 31, 1997; to the Committee on En- EC–4113. A communication from the Direc- S. 1623. A bill to suspend temporarily the vironment and Public Works. tor of the Office of Regulatory Management duty on diclofop-methyl; to the Committee EC–4100. A communication from the Sec- and Information, U.S. Environmental Pro- on Finance. retary of Energy, transmitting, pursuant to tection Agency, transmitting, pursuant to S. 1624. A bill to suspend temporarily the law, the report relative to the Comprehen- law, the report of a rule received on Feb- duty on piperonyl butoxide; to the Commit- sive Environmental Response, Compensa- ruary 5, 1998; to the Committee on Environ- tee on Finance. tion, and Liability Act; to the Committee on ment and Public Works. S. 1625. A bill to suspend temporarily the Environment and Public Works. EC–4114. A communication from the Direc- duty on resmethrin; to the Committee on Fi- EC–4101. A communication from the Chief tor of the Office of Regulatory Management nance. Financial Officer of the Department of En- and Information, U.S. Environmental Pro- S. 1626. A bill to suspend temporarily the ergy, transmitting, pursuant to law, a report tection Agency, transmitting, pursuant to duty on thidiazuron; to the Committee on relative to mixed waste streams; to the Com- law, the reports of five rules received on Feb- Finance. mittee on Environment and Public Works. ruary 6, 1998; to the Committee on Environ- S. 1627. A bill to suspend temporarily the EC–4102. A communication from the Execu- ment and Public Works. duty on tralomethrin; to the Committee on tive Director of the U.S. Architectural and EC–4115. A communication from the Direc- Finance. Transportation Barriers Compliance Board, tor of the Office of Regulatory Management S. 1628. A bill to suspend temporarily the transmitting, pursuant to law, the report of and Information, U.S. Environmental Pro- duty on the synthetic organic coloring mat- a rule received on January 27, 1998; to the tection Agency, transmitting, pursuant to ter c.i. pigment yellow 109; to the Committee Committee on Environment and Public law, the reports of thirteen rules received on on Finance. Works. February 11, 1998; to the Committee on Envi- S. 1629. A bill to suspend temporarily the EC–4103. A communication from the Execu- ronment and Public Works. tive Director of the U.S. Architectural and duty on the synthetic organic coloring mat- EC–4116. A communication from the Direc- ter c.i. pigment yellow 110; to the Committee Transportation Barriers Compliance Board, tor of the Office of Regulatory Management transmitting, pursuant to law, the report of on Finance. and Information, U.S. Environmental Pro- S. 1630. A bill to suspend temporarily the a rule received on January 27, 1998; to the tection Agency, transmitting, pursuant to Committee on Environment and Public duty on pigment red 177; to the Committee law, the report of six rules received on Feb- on Finance. Works. ruary 12, 1998; to the Committee on Environ- EC–4104. A communication from the Acting By Mr. HUTCHINSON (for himself, Mr. ment and Public Works. Assistant Secretary of the Army (Civil DEWINE, Mr. SMITH of New Hamp- EC–4117. A communication from the Direc- Works), transmitting, pursuant to law, the shire, Mr. CRAIG, Ms. COLLINS, Mr. tor of the Office of Regulatory Management annual report for fiscal year 1996; to the INHOFE, Mr. FAIRCLOTH, and Mr. and Information, U.S. Environmental Pro- Committee on Environment and Public HELMS): tection Agency, transmitting, pursuant to Works. S. 1631. A bill to amend the General Edu- law, the report of a rule received on Feb- EC–4105. A communication from the Acting cation Provisions Act to allow parents ac- ruary 17, 1998; to the Committee on Environ- Assistant Secretary of the Army (Civil cess to certain information; to the Commit- ment and Public Works. Works), transmitting, pursuant to law, the tee on Labor and Human Resources. EC–4118. A communication from the Direc- annual report for fiscal year 1996; to the By Mr. THURMOND: tor of the Office of Regulatory Management Committee on Environment and Public S. 1632. A bill to reduce temporarily the and Information, U.S. Environmental Pro- Works. duty on certain weaving machines; to the EC–4106. A communication from the Direc- tection Agency, transmitting, pursuant to Committee on Finance. tor of the Office of Regulatory Management law, the report of two rules received on Feb- By Mr. CHAFEE: and Information, U.S. Environmental Pro- ruary 18, 1998; to the Committee on Environ- S. 1633. A bill to suspend through December tection Agency, transmitting, pursuant to ment and Public Works. 31, 1999, the duty on certain textile machin- law, the report of three rules received on f ery; to the Committee on Finance. January 26, 1998; to the Committee on Envi- By Mr. FAIRCLOTH: ronment and Public Works. REPORTS OF COMMITTEES SUB- S. 1634. A bill to guarantee honesty in EC–4107. A communication from the Direc- MITTED DURING THE ADJOURN- budgeting; to the Committee on the Budget tor of the Office of Regulatory Management MENT OF THE SENATE and the Committee on Governmental Affairs, and Information, U.S. Environmental Pro- jointly, pursuant to the order of August 4, tection Agency, transmitting, pursuant to Under the authority of the order of 1977, as modified by the order of April 11, law, the report of two rules received on Jan- the Senate of February 12, 1998, the fol- 1986, with instructions that if one Committee uary 27, 1998; to the Committee on Environ- lowing reports of committees were sub- reports, the other Committee have thirty ment and Public Works. mitted on February 19, 1998: days to report or be discharged. February 23, 1998 CONGRESSIONAL RECORD — SENATE S837 The following bills and joint resolu- S. 1664. A bill to reform Federal elec- inability of the Federal Election Com- tions were introduced, read the first tion campaigns; to the Committee on mission (FEC), as currently con- and second time by unanimous con- Rules and Administration. stituted and funded, to adequately en- sent, and referred as indicated on Feb- THE FEDERAL ELECTION ENFORCEMENT AND force election laws; and the significant ruary 23, 1998: DISCLOSURE REFORM ACT gaps in existing campaign finance dis- By Mr. LOTT: Mr. CLELAND. Mr. President, the closure requirements. S. 1663. A bill to protect individuals from year 1996 witnessed both a record high Let me be very clear that I continue having their money involuntarily collected in the amount of money spent in pur- to believe that enactment of McCain- and used for politics by a corporation or suit of federal office—a staggering $1 Feingold, even in its reduced form, is labor organization; read twice. billion, an increase of 73 percent just an essential step for the Senate to take By Mr. CLELAND: since 1992—and the second worst turn- this year in beginning the process of S. 1664. A bill to reform Federal election campaigns; to the Committee on Rules and out in American history. In 1996, some repairing a campaign finance system Administration. $220 million was spent on Senate races which is totally out of control. Ban- By Mr. SPECTER (for himself and Mr. alone—an average of $4.5 million per ning soft money and imposing disclo- SANTORUM): campaign. Members of Congress com- sure and contribution requirements on S. 1665. A bill to reauthorize the Delaware bined currently raise an average of sham issue ads aired close to an elec- and Lehigh Navigation Canal National Herit- about $1 million a day. It has been esti- tion, as provided for under McCain- age Corridor Act, and for other purposes; to mated that if these trends continue, by Feingold, are absolutely vital reforms, the Committee on Energy and Natural Re- the year 2025 it will take $145 million without which the campaign finance sources. By Mr. LIEBERMAN: to finance an average Senate cam- system will only grow less accountable, S. 1666. A bill to amend Federal election paign. This is truly a ridiculous situa- and more vulnerable to the appearance, laws to better define the requirements for tion. if not the fact, of undue influence by Presidential candidates and political parties When I came to the Senate last year, big money. that accept public funding, to better define I volunteered to serve on the Govern- Nonetheless, I recognize that the the limits on the election-related activities mental Affairs Committee. Sitting in issues raised by McCain-Feingold, in of tax exempt organizations, and for other the Committee’s hearings on campaign all of its forms, have become highly po- purposes; to the Committee on Finance. finance abuses and listening to the sor- liticized and polarized, and continue to By Mr. GRASSLEY: face a filibuster which threatens the S. 1667. A bill to amend section 2164 of title did tale of the 1996 money chase was a 10, United States Code, to clarify the eligi- most unsettling experience. What I Senate’s ability to act on this legisla- bility of dependents of United States Service witnessed, heard and read made me tion. Consequently, in addition to con- employees to enroll in Department of De- even more convinced that we must tinuing to urge Senate adoption of fense dependents schools in Puerto Rico; to strengthen our campaign financing McCain-Feingold, I want to broaden the Committee on Armed Services. laws, now, and provide strong enforce- the scope of debate, and to begin the By Mr. SHELBY: ment through the Federal Election process of seeking common ground on S. 1668. An original bill to encourage the Commission of these laws, now, or risk important reforms which are, by and disclosure to Congress of certain classified large, outside of the purview of and related information; from the Select seeing our election process be swept Committee on Intelligence; placed on the away in a tidal wave of money. McCain-Feingold. calendar. At the conclusion of the Govern- As previously discussed, one of the By Mr. SARBANES (for himself and mental Affairs hearings, I wrote to the most glaring deficiencies in our cur- Mr. WARNER): Committee Chairman to make four rent federal campaign system is the in- S.J. Res. 41. A joint resolution approving basic recommendations as appropriate effectiveness of its supposed referee, the location of a Martin Luther King, Jr., follow-ons to the investigation: the Federal Election Commission. The Memorial in the Nation’s Capital; to the (1) That we refer all evidence in the FEC, whether by design or through cir- Committee on Environment and Public Committee’s possession of alleged ille- cumstance, has been beset by partisan Works. gal acts to the Justice Department; gridlock, uncertain and insufficient re- f (2) That we hold additional hearings sources, and lengthy proceedings which SUBMISSION OF CONCURRENT AND on both FEC enforcement and ‘‘gray offer no hope of timely resolution of SENATE RESOLUTIONS areas’’ in current law, such as the Pen- charges of campaign violations. Thus, the first major element of my The following concurrent resolutions dleton Act and the definition of cam- bill is to strengthen the ability of the and Senate resolutions were read, and paign coordination; (3) That we mutually work for pas- Federal Election Commission to be an referred (or acted upon), as indicated: sage of McCain-Feingold as the best effective and impartial enforcer of fed- By Mr. GRASSLEY (for himself, Mr. first step in curing our system-wide eral campaign laws. Among the most BOND, Mr. BROWNBACK, and Mr. ROB- campaign finance problem; and significant FEC-related changes I am ERTS): S. Con. Res. 74. A bill expressing the sense (4) That, to the maximum extent fea- proposing are the following: of the Congress relating to the European sible, the Majority and Minority work Alter the Commission structure to Union’s ban of United States beef and the to produce a joint final report, with bi- remove the possibility of partisan grid- World Trade Organization’s ruling concern- partisan conclusions and recommenda- lock by establishing a 7-member Com- ing that ban; to the Committee on Finance. tions. mission, appointed by the President By Mr. FEINGOLD (for himself and Mr. While the jury is still out on my first based on qualifications, for single 7- KOHL): three suggestions, clearly the final year terms. The Commission would be S. Con. Res. 75. A concurrent resolution one—concerning a bipartisan commit- composed of two Republicans, two honoring the sesquicentennial of Wisconsin statehood; to the Committee on the Judici- tee report—will, unfortunately, not be Democrats, one third party member, ary. adopted. The separate, partisan reports and two members nominated by the which are apparently to be released Supreme Court. The following concurrent resolutions this week represent a lost opportunity Give the FEC independent litigating and Senate resolutions were read, and to present a strong, united case for re- authority, including before the Su- referred (or acted upon), as indicated: form. preme Court, and establish a right of By Mr. SPECTER: Regardless of what action the Senate private civil action to seek court en- S. Res. 179. A resolution relating to the in- takes, or fails to take, on McCain-Fein- dictment and prosecution of Saddam Hussein forcement in cases where the FEC fails for war crimes and other crimes against hu- gold, we need to turn to additional re- to act, both of which should dramati- manity; to the Committee on Foreign Rela- forms in order to further improve our cally improve the prospects for timely tions. electoral process. I am pleased today to enforcement of the law. f introduce the Federal Election En- Provide sufficient funding of the FEC forcement and Disclosure Reform Act from a source independent of Congres- STATEMENTS ON INTRODUCED which is aimed at dealing with two of sional intervention by the imposition BILLS AND JOINT RESOLUTIONS the biggest problems confronting our of filing fees on federal candidates, By Mr. CLELAND: current federal campaign system: the with such fees being adequate to meet S838 CONGRESSIONAL RECORD — SENATE February 23, 1998 the needs of the Commission—esti- ing all reports to be filed by the due candidates received at least 3% of the na- mated to be $50 million a year. date of the report; requiring all author- tional popular vote in the most recent Presi- A second major component of the ized candidate committee reports to be dential or U.S. House or U.S. Senate elec- Federal Election Enforcement and Dis- filed on a campaign-to-date basis, rath- tions; in the event no third party reaches closure Reform Act is to create a new this threshold, the President may consider er than on a calendar year cycle; and all third parties in making this appointment; Advisory Committee on Federal Cam- mandating monthly reporting for multi and paign Reform to provide for a body out- candidate committees which have —two members appointed by the President side of Congress to continually review raised or spent, or anticipate raising or from among 10 nominees submitted by the and recommend changes in our federal spending, in excess of $100,000 in the U.S. Supreme Court. One of these two mem- campaign system. The Committee current election cycle. bers would be chosen by the Commission to would be charged, ‘‘to study the laws In developing this legislation, I have serve as Chairman, and the other would (including regulations) that affect how serve as Vice Chairman. been pleased to have the input and ad- Relevant knowledge (for purposes of quali- election campaigns for Federal office vice from a variety of individuals and fication for appointment to the FEC) is de- are conducted and the implementation organizations interested in the subject fined to include: of such laws and may make rec- of campaign finance reform. In particu- —A higher education degree in govern- ommendations for change,’’ which are lar, while none of them bear any re- ment, politics, or public or business adminis- to be submitted to Congress by April 15 sponsibility for the finished product, I tration, or 4 years of relevant work experi- of every odd-numbered year. As with would like to acknowledge and thank ence in the fields of government or politics, the FEC, the Advisory Committee the Reform Party and its founder Ross and —A minimum of two years experience in would receive independent and suffi- Perot, and chairman Russ Verney, working on or in relation to Federal election cient funding via the new federal can- Common Cause, and its president Ann law or other Federal electoral issues, or four didate filing fees. McBride and vice president Meredith years of such experience at the state level. The impetus for the Advisory Com- McGehee, and the Federal Election Commissioners will be limited to one 7 mittee is two-fold: (1) To build a ‘‘con- Commission and its assistant general year term. tinuous improvement’’ mechanism into counsel Susan Propper for their in- B. The FEC would be given the following the Federal campaign system, and (2) sights. additional powers: to address the demonstrable fact that Electronic filing of all reports required to It is easy to be pessimistic when con- be filed with the FEC would be mandatory, Congress responds slowly, if a all, to sidering campaign finance reform ef- with a waiver permitted for candidates or the need for changes and updates in our forts. The public and the media are cer- other entities whose total expenditures or campaign laws. In both instances, the tainly expecting this Congress to fail receipts fall below a threshold amount set by conclusion is the same: we cannot af- to take significant action to clean up the Commission (similar to Section 301(a) of ford to wait twenty-five years or until the scandalous campaign system under modified MCCAIN-FEINGOLD bill). The re- a major scandal develops to adapt our which we now run. But ladies and gen- quirement for the submission of hard (paper) campaign finance system to changing tlemen of the Senate, I suggest that we copies of such reports would be continued. The Commission would be authorized to circumstances. cannot afford the luxury of compla- conduct random audits and investigations in The final section of my bill seeks to cency. We may think we will be able to order to increase voluntary compliance with enhance the effectiveness of campaign win the next re-election because the campaign finance laws (same as Section 303 contribution disclosure requirements. level of outrage and the awareness of of modified MCCAIN-FEINGOLD bill). As Justice Brandeis observed, ‘‘Public- the extent of the vulnerability of our The FEC would be authorized to seek court ity is justly commended as a remedy political system have perhaps not yet enforcement when the Commission believes a for social and industrial diseases. Sun- reached critical mass. But I am con- substantial violation is occurring, failure to act will result in ‘‘irreparable harm’’ to an light is said to be the best of disinfect- fident that it is only a matter of time, ants; electric light the most effective affected party, expeditious action will not and perhaps the next election cycle— cause ‘‘undue harm’’ to the interests of other policeman.’’ This is certainly true in which will undoubtedly feature more parties, and the public interest would best be the realm of campaign finance, and unaccountable soft money, more sham served by the issuance of an injunction perhaps the most enduring legacy of issue ads of unknown parentage, more (same as Section 303 of S. 25). the Watergate Reforms of a quarter- circumvention of the spirit and in some The Commission would be authorized to century ago is the expanded campaign cases the letter of current campaign fi- implement expedited procedures for com- and financial disclosure requirements nance law—before the scales are deci- plaints filed within 60 days of a general elec- which emerged. By and large, they tion (same as Section 309 of S. 25). sively tilted in favor of reform. Penalties for knowing and willful viola- have served us well, but as with every- We will have campaign finance re- tions of the Federal Election Campaign Act thing else, they need to be periodically form. The only question is whether this would be increased (same as Section 305 of S. reviewed and updated in light of expe- Congress will step up to the plate, and 25). rience. Therefore, based in part on tes- fulfill its responsibilities, to give the The Commission would be expressly grant- timony I heard during last year’s Gov- American public a campaign system ed independent litigating authority, includ- ernmental Affairs Committee inves- they can have faith in and which can ing before the Supreme Court (same as Sec- tigation and in part on the FEC’s own preserve and protect our noble democ- tion 304 of HR 493). recommendations for improved disclo- Private individuals or groups would be au- racy as we enter a new century. thorized to independently seek court en- sure, my bill will make several changes Mr. President. I ask unanimous con- forcement when the FEC fails to act within in current disclosure requirements. sent that a summary of my bill be 120 days of when a complaint is filed. A Specifically, I am recommending two printed in the RECORD. ‘‘loser pays″ standard would apply in such reforms which will make it more dif- There being no objection, the mate- proceedings. ficult for contributors and campaigns rial was ordered to be printed in the The Commission would be authorized to alike to turn a blind eye to current dis- RECORD, as follows: levy fines, not to exceed $5,000, for minor re- porting violations, and to publish a schedule closure requirements by, first, prevent- SUMMARY OF THE FEDERAL ELECTION ing a campaign from depositing a con- of fines for such violations. ENFORCEMENT AND DISCLOSURE REFORM ACT Candidates for the Senate would be re- tribution until all of the requisite dis- I. FEC REFORM quired to file with the FEC rather than the closure information is provided; and A. The Federal Election Commission (FEC) Secretary of the Senate (same as Section second, requiring those who contribute would be restructured as follows: 301(b) of modified MCCAIN-FEINGOLD bill). $200 or more to provide a signed certifi- The Commission will be composed of 7 C. The FEC would be provided with re- cation that their contribution is not members appointed by the President who are sources in the following manner: from a foreign national, and is not the specially qualified to serve on the Commis- Consistent with its expanded duties, the result of a contribution in the name of sion by reason of relevant— FEC would be authorized to receive $50 mil- lion in FY1999 and FY2000, with this amount another person. —two Republican members appointed by the President; indexed for inflation thereafter. In addition, my legislation adopts a —two Democratic members appointed by The funding would be derived from a ‘‘user number of disclosure recommendations the President; fee’’ imposed on federal candidate and party made by the FEC in its 1997 report to —one member appointed by the President committees. The FEC would establish a fee Congress, including provisions: requir- from among all other political parties whose schedule and determine the requisite fee February 23, 1998 CONGRESSIONAL RECORD — SENATE S839 level to fund the operations of the FEC and quiring all reports to be filed by the due date signed to prevent future occurrences of the new Advisory Committee on Federal of the report. some of the more egregious campaign Campaign Reform. This determination will D. Authorized candidate committee reports finance abuses that we learned of dur- include a waiver for the first $50,000 raised by would be required to be filed on a campaign- ing the Senate Governmental Affairs campaigns. to-date basis, rather than on a calendar year Committee investigation into the 1996 II. ADVISORY COMMITTEE ON FEDERAL cycle. E. Monthly reporting would be mandated federal election campaigns. CAMPAIGN REFORM What I have particularly in mind is A. A new Advisory Committee on Federal for multi candidate committees which have raised or spent, or anticipate raising or the misuse of taxpayer money by our Campaign Reform would be created. presidential candidates and by various B. The Committee would be composed of 9 spending, in excess of $100,000 in the current members, who are specially qualified to election cycle. tax-exempt organizations that inter- serve on the Committee by reason of rel- F. The requirement for filing of last- vened in both congressional and presi- evant knowledge, to be appointed as follows: minute independent expenditures would be dential elections in 1996. 1 appointed by the President of the United clarified to make clear that such report Over the course of its inquiry, the States, 1 appointed by the Speaker of the must be received within 24 hours after the Governmental Affairs Committee com- House, 1 each appointed by the Majority and independent expenditure is made. piled a compelling record that leaves Minority Leaders of the U.S. House and Sen- G. Campaign disbursements to secondary payees who are independent subcontractors little question our political system was ate, 1 appointed by the Supreme Court, 1 ap- subverted in 1996 by overzealous presi- pointed by the Reform Party (or whatever would have to be reported. H. Political committees, other than au- dential campaigns working with their third party’s candidate for President re- parties to circumvent spending limits ceived the largest number of popular votes in thorized candidate committees, which have the most recent Presidential election), and 1 received or spent, or anticipate receiving or and by independent organizations abus- appointed by the American Political Science spending, $100,000 or more in the current ing the special tax status conferred Association. Committee members would election cycle would be subjected to the upon them. At times, the campaigns elect the Chairman. same ‘‘last minute’’ contribution reporting and outside groups conducted their C. Committee members would each serve requirements as candidate committees. business as if the election laws were (Under current law, all contributions of four-year terms, and would be limited to two written in invisible ink. Our demo- consecutive terms. $1,000 or more received after the 20th day, but before 48 hours, before an election must cratic process suffered as a result. D. The appointees by the Supreme Court, My proposal focuses on two specific the Reform Party (or other third party), and be reported to the FEC within 48 hours.) the American Political Science Association areas of the law whose spirit and intent must be individuals who, during the five By Mr. SPECTER (for himself were violated in 1996. They are the years before their appointment, have not and Mr. SANTORUM): campaign finance statutes regarding held elective office as a member of the S. 1665. A bill to reauthorize the the public financing of presidential Democratic or Republican Parties, have not Delaware and Lehigh Navigation Canal campaigns and the tax code, as it ap- received any wages or salaries from the National Heritage Corridor Act, and for plies to the political activity of tax-ex- Democratic or Republican Parties, or have other purposes; to the Committee on empt organizations. not provided substantial volunteer services Energy and Natural Resources. Let me first make clear that I am a or made any substantial contribution to the THE DELAWARE AND LEHIGH NATIONAL steadfast supporter of the McCain- Democratic or Republican Parties, or to a Feingold campaign finance reform bill. Democratic or Republican Party public of- HERITAGE CORRIDOR ACT AMENDMENTS OF 1998 fice-holder or candidate for office. Mr. SPECTER. Mr. President, I have I hope the ideas that I present today E. Relevant knowledge (for purposes of sought recognition today to reintro- might be considered as supplemental to qualification for appointment to the Com- duce legislation I originally introduced it, since they complement McCain- mittee) is defined to include: on November 8, 1997, to reauthorize the Feingold and fill in some of the gaps A higher education degree in government, that only became apparent after our politics, or public or business administra- work of the Delaware and Lehigh Na- tional Heritage Corridor Commission year-long Governmental Affairs Com- tion, or 4 years of relevant work experience mittee investigation. in the fields of government or politics, and in Pennsylvania. The new bill makes A minimum of two years experience in some technical changes which deal THE ABUSE OF PUBLIC FINANCING FOR working on or in relation to national cam- with method of appointing Commission PRESIDENTIAL CAMPAIGNS Under the Presidential Election Cam- paign finance or other electoral issues, or members, ensuring that the Commis- paign Fund Act and the Presidential four years of such experience at the state sion will continue to be composed of Primary Matching Payment Account level. representatives from local and state F. The Committee would be authorized to Act, the taxpayers spent approxi- agencies who have worked on this suc- spend $1 million a year in its first year, in- mately $236 million on the 1996 presi- cessful public/private partnership with dexed for inflation thereafter. Funding would dential campaigns. The purpose of this the federal government over the past 10 be provided by the new campaign user fee support was to limit spending in order discussed above. years. I am hopeful that the Sub- to protect presidential candidates from G. The Committee would be required to committee on National Parks, Historic the potentially corrupting influence of monitor the operation of federal election Preservation, and Recreation of the full-time fund-raising and to reduce laws and to submit a report, including rec- Senate Committee on Energy and Nat- ommended changes in law, to Congress by the flow of private money into cam- ural Resources will hold hearings on April 15 of every odd numbered year. paign coffers. H. Congress would be required to consider this bill as soon as possible. Since au- The two laws give public subsidies to the Committee’s recommendations under thorization for the Commission is set presidential candidates and their par- ‘‘fast track’’ procedures to guarantee expedi- to expire in November, 1998, it is vital ties at three stages. First, the Treas- tious consideration in both houses of Con- that the Senate pass this legislation ury matches contributions raised by gress. this year to enable the Commission to certain primary candidates who agree III. ENHANCED CAMPAIGN FINANCE DISCLOSURE continue its unfinished work in eastern to limit their primary spending to an A. Campaigns would be prohibited from Pennsylvania. amount specified in the statute. Sec- putting contributions which lack all req- ond, political parties may receive a uisite contributor information into any ac- By Mr. LIEBERMAN: specified amount to fund their presi- count other than an escrow account from S . 1666. A bill to amend Federal elec- which money cannot be spent. Contributions dential nominating conventions if they tion laws to better define the require- agree to spend no more than that. placed in such an account would not be sub- ments for Presidential candidates and ject to the current ten-day maximum hold- Third, major party nominees who agree ing period on checks. political parties that accept public to limit their spending to the amount B. A new requirement would be placed on funding, to better define the limits on they receive in public funds are eligible contributions in excess of $200 (aggregate): a the election-related activities of tax for full public financing during the written certification by the contributor that exempt organizations, and for other general election. the contribution is not derived from any for- purposes; to the Committee on Fi- Both of 1996’s major party candidates eign income source, and is not the result of nance. a reimbursement by another party. accepted public financing and pledged C. The current option to file reports sub- CAMPAIGN FINANCE REFORM LEGISLATION in return to limit their spending to $37 mitted by registered or certified mail based Mr. LIEBERMAN. Mr. President, I million during the primary season and on postmark date would be deleted, thus re- rise today to introduce legislation de- $62 million during the general election. S840 CONGRESSIONAL RECORD — SENATE February 23, 1998 But, as the Governmental Affairs ensure honest elections by limiting the get-out-the-vote organization Citizens Committee’s hearings demonstrated, sources of campaign funds and publicly Vote, Inc., sought and received help the candidates effectively ignored their identifying those trying to influence from the DNC in raising money for its pledges. Instead of curtailing their votes. work, presumably because these orga- fund-raising and limiting themselves Groups with Internal Revenue Code nizations were working to raise the to spending the amount they agreed to, Section 501(c)(3) status —which confers turnout among groups who tend to vote the two major party candidates contin- not only tax-exempt status but also Democratic. For example, the DNC ap- ued raising massive amounts of money the ability to receive tax-deductible parently directed a $100,000 contribu- which their parties then spent on TV contributions—may not intervene in tion to Vote Now 96 from Duvaz Pacific ads that advanced the nominees’ can- any political campaign on behalf of or Corporation after it learned the head of didacies. In other words, the public did in opposition to any candidate. The tax the Philippine company, who had at- not get the behavior they were sup- code permits organizations with Sec- tended a DNC fund-raiser, could not le- posed to get in return for their $236 tion 501(c)(4) status—which qualify for gally contribute to the party because million. tax-exempt status, but whose contribu- of her foreign citizenship. The McCain-Feingold campaign fi- tors cannot deduct their contribu- There is also significant evidence nance reform legislation, S. 25, would tions—to engage in non-partisan elec- that a number of tax-exempt groups, go a long way toward preventing these tion advocacy as long as that is not the none of which disclosed their activities abuses by banning soft money and lim- group’s primary activity. to the FEC, intervened in elections by iting the sources of funding available Unfortunately, the scope of the ac- producing TV ads the groups claimed for running advertisements using a tivities some of these groups engaged were issue oriented, but which, in fact, candidate’s likeness or name within 60 in during the 1996 elections went far be- were designed to influence specific days of an election. yond what Congress intended. elections. According to a study by the But because the Supreme Court in The Republican National Committee, Annenberg Public Policy Center, the Buckley v. Valeo explicitly sanctioned (RNC), for example, infused the 501(c)(4) Citizens for Reform ran $2 mil- Congress’s ability to impose even 501(c)(4) organization Americans for lion worth of ads during October and greater restrictions on those can- Tax Reform, (ATR), with over $4.5 mil- November of 1996 on behalf of several didates who accept public financing, we lion in the weeks leading up to the 1996 Republican congressional candidates should go beyond S. 25’s proposals in election. The RNC sent that money to around the country. regard to publicly-funded presidential ATR just in time for ATR to pay its All of these activities by tax-exempt, candidates. bills for a direct mail and phone bank presumably non-partisan corporations Therefore, I am introducing legisla- campaign involving four million calls cry out for remedial action by Con- tion that would underscore the original and 19 million pieces of mail explicitly gress. The McCain-Feingold proposal, goal of the presidential public financ- disputing the Democrats’ position on S. 25, partially addresses these prob- ing laws by banning candidates from Medicare as it related to the November lems by prohibiting party organiza- raising soft money throughout their 5th election. tions from soliciting contributions for, campaigns, requiring them to limit By funneling money through an out- or directing them to, tax-exempt enti- fundraising to hard money during the side group like ATR, the RNC was ef- ties. This is a very important restric- primary season, and prohibiting them fectively able to hide the fact that it tion. from raising any money at all after was behind the mail and phone calls. In addition, I am proposing to pro- they are nominated. My bill would fur- Recipients of the material funded by hibit such organizations from coordi- ther prevent presidential candidates the RNC were left with the impression nating any expenditure with parties from using the parties to circumvent that it came from a disinterested orga- and candidates and to forbid them to spending limits by making illegal their nization, not the party itself. run advertisements or send direct mail involvement in any party spending on The RNC also steered large amounts identifying a candidate within 60 days advertising that exceeds the amount of money to the American Defense In- of a general election or 30 days of a pri- federal law in 2 U.S.C. § 441a(d) explic- stitute (ADI), a 501(c)(3) organization mary election. itly authorizes for candidate/party co- that runs a voter turnout program for I am confident this proposal will pass ordination. military personnel, who tend to vote constitutional muster because the Su- I am also proposing to limit what Republican. The Washington Post re- preme Court upheld similar restric- parties seeking public financing of ported on October 23, 1997 that in Sep- tions on tax-exempt organizations in their conventions can do. To get con- tember 1996, ADI returned $600,000 do- Regan v. Taxation with Representation vention financing, parties would have nated to it by the RNC because, accord- of Washington. In finding against a to agree to use only hard money to pay ing to the group’s president, ‘‘we didn’t First Amendment challenge to a prohi- for advertising using the name or like- want to be controversial and we had bition against substantial lobbying by ness of the presidential candidates and funding from other sources.’’ However, a 501(c)(3), the court said that ‘‘tax ex- would be limited in their coordinated as the Post reported, that money was emptions and tax deductibility are a or independent expenditures on behalf not returned until several days after form of subsidy that is administered of presidential candidates to the the RNC itself sent checks totaling through the tax system’’ and that by amount set forth in Section 441a(d). $530,000 from six donors to ADI. Around restricting a tax-exempt’s lobbying ac- Parties seeking convention financing that time, RNC Chairman Haley tivities ‘‘Congress has merely refused also would have to agree to a ban on Barbour also apparently solicited to pay for the lobbying out of public soft money and would be prohibited $500,000 from the Philip Morris Compa- monies.’’ from soliciting or directing contribu- nies Inc. for ADI. My bill also would also make clear tions for tax-exempt organizations. The timing of these transactions that Section 527 organizations must THE ABUSE OF TAX-EXEMPT ORGANIZATIONS raises the question of whether the RNC comply with federal campaign laws. In- And that leads me to an equally trou- and ADI substituted the donor’s money ternal Revenue Code Section 527 offers bling phenomenon in the 1996 elections, for the RNC’s money to avoid publiciz- tax benefits to ‘‘political organiza- which was the improper use of tax-ex- ing the fact that the RNC was the tions,’’ a term it defines to include or- empts to circumvent the tax-code and source of ADI’s funding—in other ganizations seeking to influence Fed- campaign finance laws so that they words, to avoid disclosure require- eral, State or local elections. A number could conduct partisan campaign-relat- ments. Furthermore, all the donors of 501(c)(4) groups active in federal ed activity. could take a tax deduction for their election campaigns apparently have The Federal Election Campaign Act RNC-solicited ADI contributions, forc- switched their tax status to Section (FECA) mandates strict limits on who ing taxpayers to subsidize donations to 527, which offers tax benefits with may contribute to campaigns, and it a political campaign. fewer restrictions on political activity. imposes reporting and disclosure re- On the Democratic side, the Commit- At the same time, these groups claim quirements on organizations involved tee heard testimony that Vote Now 96, they are not subject to FECA because in federal elections. The purpose is to the fund-raising arm of the 501(c)(3) they don’t engage in express advocacy February 23, 1998 CONGRESSIONAL RECORD — SENATE S841 of particular candidates, even though ‘‘(i) an activity or event the purpose or ef- (B) in paragraph (4), by striking the period FECA defines the groups it covers in fect of which is the direct or indirect solici- at the end and inserting ‘‘, and’’; and essentially the same terms as Section tation, acceptance, or direction of a con- (C) by adding at the end the following: 527. My bill would make it clear that tribution (as defined in section 271(b)(2)) ‘‘(5) the candidate, a member of the can- for— didate’s immediate family (as defined in sec- the taxpayers should not be subsidizing ‘‘(I) any candidate for public office, tion 9004(e)), and the candidate’s authorized undisclosed and unregulated political ‘‘(II) a political committee (including a na- committee or agents or officials of such com- activities by groups who claim they are tional, State, or local committee of a politi- mittee shall not participate in a fundraising trying to influence Federal elections cal party), activity during the matching payment pe- for the purpose of the tax code—and ‘‘(III) an organization that— riod unless such activity has as its sole pur- thus are entitled to tax-exemption— ‘‘(aa) is described in section 501(c) and ex- pose and effect the solicitation or acceptance but not for the purpose of FECA—and empt from taxation under section 501(a) (or of contributions (as defined in section 301(8) thus are immune from regulation. My has submitted an application to the Sec- of the Federal Election Campaign Act of 1971 retary of the Treasury for determination of (2 U.S.C. 431(8))).’’. bill makes clear that they cannot have tax-exemption under such section), and (b) RESTRICTION ON COORDINATED DISBURSE- it both ways and that Section 527’s tax ‘‘(bb) engages in any election-related activ- MENT.— benefits are available only to groups ity, including, but not limited to, voter reg- (1) DEFINITION OF COORDINATED DISBURSE- regulated under FECA, unless a group istration, get-out-the-vote activity, publica- MENT.—Section 9002 of the Internal Revenue tion or distribution of a voter guide, or mak- seeking Section 527 status is engaged Code of 1986 (as amended by subsection (a)) is ing communications that are widely dissemi- exclusively in State or local political amended by adding at the end the following: nated through a broadcasting station, news- activity. ‘‘(14) COORDINATED DISBURSEMENT.— paper, magazine, outdoor advertising facil- It is important to emphasize that ‘‘(A) IN GENERAL.—The term ‘coordinated ity, direct mailing, or any other type of gen- disbursement’ means a purchase, payment, this bill would not prevent any one or eral public political advertising and that distribution, loan, advance, deposit, or gift anything from engaging in any type of clearly identify a candidate (as defined in of money or anything of value, made in con- activity. Instead, it would just say that section 301 of the Federal Election Campaign if a candidate or an organization puts a Act of 1971 (2 U.S.C. 431)) or a political party, nection with any broadcasting, newspaper, magazine, billboard, direct mail, phone hand out and asks for a public sub- ‘‘(IV) a political organization (as defined in section 527), or bank, widely distributed electronic mail, or sidy—whether it be public financing for similar type of general public communica- a presidential candidate or tax-exemp- ‘‘(V) an organization that engages in any electioneering advertising (as defined in sec- tion or advertising by a person (who is not a tion for an organization—they have to tion 324 of the Federal Election Campaign candidate or a candidate’s authorized com- be willing to comply with the rules for Act of 1971), or mittee) in cooperation, consultation, or con- taking that public subsidy. After all, ‘‘(ii) the authorization of use of a can- cert with, or at the request or suggestion of, no person or entity has a right to pub- didate’s name in connection with an activity a candidate, a member of the candidate’s im- lic money or to be free of taxes; it is or event described in clause (i). mediate family (as defined in section 9004(e)), the candidate’s authorized committees, or a entirely up to Congress to determine ‘‘(B) EXCEPTION.—The term ‘fundraising ac- tivity’ does not include an activity or event committee of a political party. what type of activities are so impor- ‘‘(B) SPECIAL RULE.—In the case of a can- tant to society that we should use pub- the sole purpose or effect of which is to so- licit or accept a contribution (as defined in didate who designates a committee of a po- lic money or tax-exemption as ways of section 301(8) of the Federal Election Cam- litical party as the candidate’s authorized encouraging them. In offering tax-ex- paign Act of 1971 (2 U.S.C. 431(8)) for the can- committee, the term ‘coordinated disburse- emption to the 501(c)(3) and (c)(4) orga- didate participating in the activity or event ment’ shall include disbursements made by nizations covered by this bill, Congress that is specifically solicited for, and depos- the committee in cooperation, consultation, already plainly chose to limit their in- ited in, the candidate’s legal and accounting or concert with, or at the request or sugges- compliance fund or that is necessary to tion of, a candidate or a member of the can- volvement in partisan campaign activ- didate’s immediate family (as defined in sec- ity. This bill would merely build on the cover any deficiency in payments received from the Presidential Election Campaign tion 9004(e)) in excess of an amount equal to experience of the 1996 elections to clar- Fund, to the extent otherwise permissible by the aggregate of the limit under section ify the scope of those limitations. law.’’. 315(d) of the Federal Election Campaign Act There are always some who find new (2) GENERAL ELECTION.—Section 9003 of the of 1971 (2 U.S.C. 441a(d)) and the appropriate and clever ways to manipulate the Internal Revenue Code of 1986 (relating to limit under section 315(b)(1) of such Act (2 legal system. Their efforts peaked in condition for eligibility for payments) is U.S.C. 441a(b)(1)). our politics in the 1996 cycle with an amended— ‘‘(C) EXCEPTIONS.—The term ‘coordinated unparalleled flouting of the laws’ re- (A) in subsection (b)— disbursement’ does not include— ‘‘(i) a disbursement that is an expenditure quirements and prohibitions. Based on (i) in paragraph (1), by striking ‘‘and’’ at the end; subject to the limits under section 315(d) of the excuses the Committee heard last (ii) in paragraph (2), by striking the period the Federal Election Campaign Act of 1971 (2 year to justify this behavior, I have no at the end and inserting ‘‘, and’’; and U.S.C. 441a(d)); or doubt the trend will continue—unless (iii) by inserting after paragraph (2) the ‘‘(ii) a disbursement for a bona fide news- we find the will to radically restruc- following: cast, news interview, news documentary (if ture our campaign finance laws. ‘‘(3) such candidate, a member of the can- the appearance of the candidate is incidental I urge my colleagues to join me in didate’s immediate family (as defined in sec- to the presentation of the subject or subjects supporting this legislation, and ask tion 9004(e)), and the candidate’s authorized covered by the news documentary), editorial, unanimous consent that the text of the committee or agents or officials of the com- or on-the-spot coverage of bona fide news mittee shall not participate in any fundrais- events.’’. bill and a section-by-section of it ap- ing activity during the expenditure report (2) GENERAL ELECTION.—Subsection (a) of pear in the RECORD. period.’’; and section 9003 of the Internal Revenue Code of There being no objection, the mate- (B) in subsection (c)— 1986 (relating to condition for eligibility for rial was ordered to be printed in the (i) in paragraph (1), by striking ‘‘and’’ at payments) is amended— RECORD, as follows: the end; (A) in paragraph (2), by striking ‘‘and’’ at S. 1666 (ii) in paragraph (2), by striking the period the end; Be it enacted by the Senate and House of Rep- at the end and inserting ‘‘, and’’; and (B) in paragraph (3), by striking the period resentatives of the United States of America in (iii) by inserting after paragraph (2) the at the end and inserting ‘‘, and’’; and Congress assembled, following: (C) by adding at the end the following: SECTION 1. REQUIREMENTS FOR PRESIDENTIAL ‘‘(3) subject to paragraph (2), such can- ‘‘(4) agree not to participate in a coordi- CANDIDATES ACCEPTING PUBLIC didate, a member of the candidate’s imme- nated disbursement during the election re- FUNDING. diate family (as defined in section 9004(e)), port period.’’. (a) RESTRICTIONS ON FUNDRAISING BY CAN- and the candidate’s authorized committee or (3) PRIMARY ELECTION.—Section 9033(b) (as DIDATES.— agents or officials of such committee shall amended by subsection (a)(3)) is amended— (1) DEFINITION OF FUNDRAISING.—Section not participate in a fundraising activity dur- (A) in paragraph (4), by striking ‘‘and’’ at 9002 of the Internal Revenue Code of 1986 (re- ing the expenditure report period.’’. the end; lating to definitions in the Presidential Elec- (3) PRIMARY ELECTION.—Subsection (b) of (B) in paragraph (5), by striking the period tion Campaign Fund Act) is amended by add- section 9033 of the Internal Revenue Code of at the end and inserting ‘‘, and’’; and ing at the end the following: 1986 (relating to eligibility for payments) is (C) by adding at the end the following: ‘‘(13) FUNDRAISING ACTIVITY.— amended— ‘‘(6) the candidate and the candidate’s au- ‘‘(A) IN GENERAL.—The term ‘fundraising (A) in paragraph (3), by striking ‘‘and’’ at thorized committees shall not participate in activity’ means— the end; a coordinated disbursement (as defined in S842 CONGRESSIONAL RECORD — SENATE February 23, 1998 section 9002(14)) during the matching pay- (as defined in section 9032(6) of the Internal ‘‘(2) STATE, DISTRICT, AND LOCAL COMMIT- ment period except to the extent that the Revenue Code of 1986) and the expenditure TEES.— disbursement is a contribution subject to the report period (as defined in section 9002(12) of ‘‘(A) IN GENERAL.—An amount that is ex- contribution limits of section 315 of the Fed- such Code), an eligible political committee pended or disbursed by a State, district, or eral Election Campaign Act of 1971 (2 U.S.C. shall not— local committee of a political party that has 441a).’’. ‘‘(1) make disbursements for electioneering an eligible political committee (including an SEC. 2. REQUIREMENTS FOR POLITICAL PARTIES advertising in connection with an individual entity that is directly or indirectly estab- ACCEPTING PUBLIC FINANCING FOR seeking nomination for election, or election, lished, financed, maintained, or controlled PRESIDENTIAL NOMINATING CON- to the office of President or Vice President by a State, district, or local committee of a VENTIONS. except from funds that are subject to the political party and an officer or agent acting (a) REQUIREMENTS.—Title III of the Federal limitations, prohibitions, and reporting re- on behalf of such committee or entity) for Election Campaign Act of 1971 (2 U.S.C. 431 quirements of this Act; or Federal election activity shall be made from et seq.) is amended by adding at the end the ‘‘(2) transfer of funds that are not subject funds subject to the limitations, prohibi- following: to the limitations, prohibitions, and report- tions, and reporting requirements of this ‘‘SEC. 324. REQUIREMENTS FOR POLITICAL PAR- ing requirements of this Act to a State, dis- Act. TIES ACCEPTING PUBLIC FINANC- trict, or local committee of a political party ‘‘(B) FEDERAL ELECTION ACTIVITY.— ING FOR PRESIDENTIAL NOMINAT- that will be used to make disbursements for ‘‘(i) IN GENERAL.—The term ‘Federal elec- ING CONVENTIONS. electioneering advertising in connection tion activity’ means— ‘‘(a) DEFINITIONS.—In this section— with an individual seeking nomination for ‘‘(I) voter registration activity during the ‘‘(1) COMMITTEE.—The term ‘committee’ election, or election, to the office of Presi- period that begins on the date that is 120 shall include a national, State, district, or days before the date a regularly scheduled local committee of a political party, an en- dent or Vice President. ‘‘(c) LIMITATION OF COORDINATED AND INDE- Federal election is held and ends on the date tity that is directly or indirectly estab- PENDENT EXPENDITURES.—In the case of an of the election; lished, financed, maintained, or controlled eligible political committee, the limitation ‘‘(II) voter identification, get-out-the-vote by any such party committee or its agent, an under section 315(d)(2) (relating to coordi- activity, or generic campaign activity con- agent acting on behalf of any such party nated expenditures by committees of a polit- ducted in connection with an election in committee, and an officer or agent acting on ical party) shall apply to the aggregate of ex- which a candidate for Federal office appears behalf of any such party committee or en- penditures, disbursements for electioneering on the ballot (regardless of whether a can- tity. advertising, and independent expenditures didate for State or local office also appears ‘‘(2) ELECTIONEERING ADVERTISING.— made by the national committee in connec- on the ballot); and ‘‘(A) IN GENERAL.—The term ‘electioneer- tion with a candidate for President of the ‘‘(III) a communication that refers to a ing advertising’ means a communication— United States. clearly identified candidate for Federal of- ‘‘(i) containing a phrase such as ‘vote for’, ‘‘(d) PROHIBITION OF COORDINATED DIS- fice (regardless of whether a candidate for ‘re-elect’, ‘support’, ‘cast your ballot for’, BURSEMENTS.—During the matching payment State or local office is also mentioned or ‘(name of individual) for President’, ‘(name period (as defined in section 9032(6) of the In- identified) and is made for the purpose of in- of individual) in (calendar year)’, ‘vote ternal Revenue Code of 1986) and the expendi- fluencing a Federal election (regardless of against’, ‘defeat’, ‘reject’, or a campaign slo- ture report period (as defined in section whether the communication is express advo- gan or words that in context can have no 9002(12) of such Code), an eligible political cacy). reasonable meaning other than to rec- committee shall not participate in a coordi- ‘‘(ii) EXCLUDED ACTIVITY.—The term ‘Fed- ommend the election or defeat of 1 or more nated disbursement (as defined in section eral election activity’ does not include an clearly identified candidates such as ‘(name 9002(14) of the Internal Revenue Code of 1986) amount expended or disbursed by a State, of candidate)’s the One’ or ‘(name of can- with respect to an individual seeking nomi- district, or local committee of a political didate’); or nation for election, or election, to the office party for— ‘‘(ii) referring to 1 or more clearly identi- of President or Vice President. ‘‘(I) campaign activity conducted solely on fied candidates in a communication that is ‘‘(e) PROHIBITION OF CERTAIN DONATIONS.— behalf of a clearly identified candidate for widely disseminated to the electorate for the An eligible political committee and any offi- State or local office if the campaign activity election in which the identified candidates cer or agent acting on behalf of such com- is not a Federal election activity described are seeking office through a broadcasting mittee shall not solicit any funds for, or in clause (i); station, newspaper, magazine, outdoor adver- make or direct any donation to, an organiza- ‘‘(II) a contribution to a candidate for tising facility, direct mailing, or any other tion that— State or local office if the contribution is type of general public communication. ‘‘(1) is described in section 501(c) and ex- not designated or used to pay for a Federal ‘‘(B) VOTING RECORD AND VOTING GUIDE EX- empt from taxation under section 501(a) (or election activity described in clause (i); CEPTION.—The term ‘electioneering advertis- has submitted an application to the Sec- ‘‘(III) the costs of a State, district, or local ing’ does not include a printed communica- retary of the Treasury for determination of political convention; tion that— tax-exemption under such section), and ‘‘(IV) the costs of grassroots campaign ma- ‘‘(i) presents information in an educational ‘‘(2) engages in any election-related activ- terials, including buttons, bumper stickers, manner solely about the voting record or po- ity, including, but not limited to, voter reg- and yard signs, that name or depict only a sition on a campaign issue of 2 or more indi- istration, get-out-the-vote activity, publica- candidate for State or local office; viduals; tion or distribution of a voter guide, or mak- ‘‘(V) the non-Federal share of a State, dis- ‘‘(ii) is not made in coordination with an ing communications that are widely dissemi- trict, or local party committee’s administra- individual, political party, or agent of the in- nated through a broadcasting station, news- tive and overhead expenses (but not includ- dividual or party; paper, magazine, outdoor advertising facil- ing the compensation in any month of an in- ‘‘(iii) in the case of a voter guide based on ity, direct mailing, or any other type of gen- dividual who spends more than 20 percent of a questionnaire, provides each individual eral public political advertising that clearly the individual’s time on Federal election ac- seeking a particular seat or office an equal identify a candidate (as defined in section 301 tivity) as determined by a regulation pro- opportunity to respond to the questionnaire of the Federal Election Campaign Act of 1971 mulgated by the Commission to determine and have the individual’s responses incor- (2 U.S.C. 431)) or a political party. the non-Federal share of a State, district, or porated into the voter guide; ‘‘(f) PROHIBITION OF SOFT MONEY.— local party committee’s administrative and ‘‘(iv) does not present an individual with ‘‘(1) NATIONAL COMMITTEES.— overhead expenses; and greater prominence than any other individ- ‘‘(A) IN GENERAL.—An eligible political ‘‘(VI) the cost of constructing or purchas- ual; and committee (including a national congres- ing an office facility or equipment for a ‘‘(v) does not contain a phrase such as sional campaign committee of a political State, district, or local committee. ‘vote for’, ‘re-elect’, ‘support’, ‘cast your bal- party) and any officers or agents of such ‘‘(3) FUNDRAISING COSTS.—An amount spent lot for’, ‘(name of individual) for President’, committees, shall not solicit, receive, or di- by a national, State, district, or local com- ‘(name of individual) in 1997’, ‘vote against’, rect to another person a contribution, dona- mittee of a political party (that has an eligi- ‘defeat’, or ‘reject’, or a campaign slogan or tion, or transfer of funds, or spend any funds, ble political committee) to raise funds that words that in context can have no reasonable that are not subject to the limitations, pro- are used, in whole or in part, to pay the costs meaning other than to urge the election or hibitions, and reporting requirements of this of a Federal election activity shall be made defeat of 1 or more clearly identified individ- Act. from funds subject to the limitations, prohi- uals. ‘‘(B) APPLICABILITY.—This subsection shall bitions, and reporting requirements of this ‘‘(3) ELIGIBLE POLITICAL COMMITTEE.—The apply to an entity that is directly or indi- Act.’’. term ‘eligible political committee’ means a rectly established, financed, maintained, or (b) INCREASED CONTRIBUTION LIMIT.—Sec- national committee of a political party enti- controlled by an eligible committee (includ- tion 315(a)(1) of the Federal Election Cam- tled to receive payments under section 9008 ing a national congressional campaign com- paign Act of 1971 (2 U.S.C. 441a(a)(1)) is of the Internal Revenue Code of 1986 for a mittee of a political party), or an entity act- amended— presidential nominating convention.’’. ing on behalf of a national committee, and (1) in subparagraph (B), by striking ‘‘or’’ at ‘‘(b) LIMITS ON ELECTIONEERING ADVERTIS- an officer or agent acting on behalf of any the end; ING.—During the matching payment period such committee or entity. (2) in subparagraph (C)— February 23, 1998 CONGRESSIONAL RECORD — SENATE S843 (A) by inserting ‘‘(other than a committee ‘‘(i) described in section 324(a)(2)(A)(ii) of lems highlighted during the Governmental described in subparagraph (D))’’ after ‘‘com- the Federal Election Campaign Act of 1971, Affairs Committee’s recently concluded cam- mittee’’; and ‘‘(ii) otherwise permitted by law, and paign finance investigation. First, it would (B) by striking the period at the end and ‘‘(iii) made more than— amend the presidential public financing laws inserting ‘‘; or’’; and ‘‘(I) 60 days before the date of a general, to ensure that taxpayers—who spent $236 (3) by adding at the end the following: special, or runoff election in which the iden- million on the 1996 elections in an effort to ‘‘(D) to a political committee established tified candidates are seeking office, or limit spending on the presidential campaign and maintained by a State committee of a ‘‘(II) 30 days before the date of a primary and keep candidates for the presidency above political party that is entitled to receive or preference election or a convention or the fundraising fray—get what they pay for. payments under section 9008 of the Internal caucus of a political party that has author- Second, it offers amendments to the tax Revenue Code of 1986 for a Presidential nomi- ity to nominate a candidate for the office for code, with the goal of limiting the ability of nating convention in any calendar year that, which the identified candidates are seeking tax-exempt organizations to circumvent ex- in the aggregate, exceed $10,000.’’. election, or isting restrictions on their involvement in (c) CONFORMING AMENDMENTS.— ‘‘(4) participates in a coordinated disburse- partisan politics. The following provides a (1) FEDERAL ELECTION CAMPAIGN ACT OF ment (as defined in section 9002(14)).’’. section-by-section explanation of the bill’s 1971.—Section 315(d)(2) of the Federal Elec- SEC. 5. DEFINITIONS OF POLITICAL COMMITTEE provisions. AND POLITICAL ORGANIZATION. tion Campaign Act of 1971 (2 U.S.C. SECTION 1: REQUIREMENTS FOR PRESIDENTIAL (a) DEFINITION OF POLITICAL COMMITTEE.— 441a(d)(2)) is amended by striking ‘‘The na- CANDIDATES ACCEPTING PUBLIC FINANCING tional committee’’ and inserting ‘‘Subject to Section 301(4) of the Federal Election Cam- paign Act of 1971 (2 U.S.C. 431(4)) is amend- Section 1 imposes two new requirements section 324(b), the national committee’’. on candidates seeking public financing for (2) INTERNAL REVENUE CODE OF 1986.—Sub- ed— (1) in subparagraph (B), by striking ‘‘or’’ at their presidential primary or general elec- section (b) of section 9008 of the Internal tion campaigns: (a) they must limit their Revenue Code of 1986 (relating to payments the end; (2) in subparagraph (C), by striking the pe- fundraising; and (b) they must agree not to for presidential nominating conventions) is try to evade spending limits on their own amended— riod at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: campaigns by using the parties or outside (A) in paragraph (1), by inserting ‘‘and sec- groups to make expenditures for them. tion 324 of the Federal Election Campaign ‘‘(D) a political organization (as defined in section 527(e)(1) of the Internal Revenue Code (a) Fundraising Restrictions: Subsection Act of 1971’’ after ‘‘section’’; and 1(a) imposes fundraising restrictions on can- (B) in paragraph (2), by inserting ‘‘and sec- of 1986 and subject to section 527 of such Code) unless the activities of the organiza- didates accepting public financing: tion 324 of the Federal Election Campaign (1) Definition of ‘‘Fundraising Activity’’: Act of 1971’’ after ‘‘section’’. tion are for the exclusive purpose of influ- encing or attempting to influence the selec- Subsection 1(a)(1) defines the term ‘‘fund- SEC. 3. REQUIRED DISCLAIMER FOR PRESI- tion, nomination, election, or appointment raising activity’’ to include efforts to raise DENTIAL CANDIDATES. money for: (a) candidates, (b) political com- Section 318 of the Federal Election Cam- of any individual or individuals to any State or local public office or office in a State or mittees (like the DNC or RNC), (c) tax-ex- paign Act of 1971 (2 U.S.C. 441d) is amended empt organizations that engage in any elec- by adding at the end the following: local political organization.’’. (b) DEFINITION OF POLITICAL ORGANIZA- tion-related activity, which is defined to in- ‘‘(c) REQUIRED DISCLAIMER FOR PRESI- TION.—Paragraph (e)(1) of section 527 of the clude voter registration, get-out-the-vote ac- DENTIAL CANDIDATES.—In the case of an ex- Internal Revenue Code of 1986 (relating to tivities, the publication or distribution of penditure by a candidate for President or political organizations) is amended by strik- voter guides, or the making of widely dis- Vice President eligible under section 9003 of ing ‘‘incorporated) organized and operated’’ seminated communications that mention the Internal Revenue Code of 1986 or under and all that follows through the period and candidates or political parties, (d) political section 9033 of the Internal Revenue Code of inserting ‘‘incorporated)— organizations as defined by Section 527 of the 1986 to receive payments from the Secretary ‘‘(A) organized and operated primarily for tax code, or (e) any organization that en- of the Treasury for an advertisement that is the purpose of directly or indirectly accept- gages in ‘‘electioneering advertising,’’ a broadcast by a radio broadcast station or a ing contributions or making expenditures, or term the bill defines in Section 2 below. television broadcast station or commu- both, for an exempt function, and ‘‘Fundraising activity’’ in this section also nicated by direct mail, such advertisement ‘‘(B) that is a political committee de- includes the candidate’s authorization to use shall contain the following statement: ‘Fed- scribed in section 301(4) of the Federal Elec- his name in connection with any of the ac- eral law establishes voluntary spending lim- tion Campaign Act of 1971 (2 U.S.C. 431(4)) ex- tivities just described. Because the election its for candidates for President. This can- cept to the extent that the activities of the laws explicitly allow presidential candidates ll didate agreed to abide by the limits.’ organization are for the exclusive purpose of to seek private contributions to defray their (with the blank filled in with ‘has’ or ‘has influencing or attempting to influence the legal and accounting costs or if the public fi- not’ as appropriate).’’. selection, nomination, election, or appoint- nancing fund does not have enough money in SEC. 4. LIMITATIONS ON POLITICAL ACTIVITY BY ment of any individual or individuals to any it to give candidates their full allotment of TAX-EXEMPT ORGANIZATIONS. State or local public office or office in a public funds, the subsection excludes raising Subsection (c) of section 501 of the Internal State or local political organization.’’. contributions for those purposes from its def- Revenue Code of 1986 (relating to exemption SEC. 6. SEVERABILITY. inition of ‘‘fundraising activity.’’ from tax on corporations, certain trusts, If any provision of this Act or amendment (2) Restrictions on Fundraising During the etc.) is amended— made by this Act, or the application of a pro- General Election: Subsection 1(a)(2) provides (1) by redesignating subsection (o) as sub- vision or amendment to any person or cir- that a publicly-funded general election can- section (p); and cumstance, is held to be unconstitutional, didate for the presidency, members of his im- (2) by inserting after subsection (n) the fol- the remainder of this Act and amendments mediate family, the candidate’s authorized lowing new subsection: made by this Act, and the application of the committee, and agents and officials of that ‘‘(o) SPECIAL RULES FOR ORGANIZATIONS EX- provisions and amendment to any person or committee may not engage in any fundrais- EMPT UNDER PARAGRAPH (3) OR (4) OF SUB- circumstance, shall not be affected by the ing activity from the date of the candidate’s SECTION (c).—An organization described in holding. nomination until the general election. paragraph (3) or (4) of subsection (c) shall be SEC. 7. EFFECTIVE DATE. (3) Restrictions on Fundraising During the denied exemption from taxation under sub- Except as otherwise provided in this Act, Primary Campaign: Subsection 1(a)(3) pro- section (a) if such organization— this Act and the amendments made by this vides that from January 1 of an election year ‘‘(1) solicits or accepts a contribution (as Act take effect on the date that is 30 days until the date of the convention of the party defined in section 271(b)(2)) from a commit- after the date of enactment of this Act. whose nomination the candidate seeks, a pri- tee of a political party or an authorized com- SEC. 8. REGULATIONS. mary election candidate receiving federal mittee of a candidate (as defined in section The Federal Election Commission and the matching funds must limit his fundraising 301 of the Federal Election Campaign Act of Commissioner of the Internal Revenue Code activities to the solicitation or acceptance of 1971 (2 U.S.C. 431)), of 1986 shall— hard money (money regulated and limited by ‘‘(2) makes or directs a contribution to a (1) promulgate regulations as necessary to the Federal Election Campaign Act). This re- committee of a political party or an author- enforce this Act; and striction also applies to members of the can- ized committee of a candidate, (2) in the promulgation of regulations didate’s immediate family, the candidate’s ‘‘(3) makes a disbursement for electioneer- under paragraph (1), provide an exception to authorized committee, and agents and offi- ing advertising (as defined in section 324 of any provision that the Commission or Com- cials of that committee. the Federal Election Campaign Act of 1971), missioner determines necessary to serve the (b) Restrictions on Spending Through the except to the extent that— public interest. Parties and Outside Groups: Subsection 1(b) ‘‘(A) the disbursement constitutes an inde- seeks to prevent candidates for the presi- pendent expenditure (as defined in section SECTION-BY-SECTION OF LIEBERMAN CAMPAIGN dency from circumventing limits on their 301(17) of the Federal Election Campaign Act FINANCE REFORM BILL own campaigns by working with parties or of 1971 (2 U.S.C. 431(17)), or The Lieberman campaign finance reform outside groups to spend party money to ad- ‘‘(B) the advertising is— proposal responds to two significant prob- vance their candidacies. S844 CONGRESSIONAL RECORD — SENATE February 23, 1998 (1) Definition of Coordinated Disburse- them from avoiding this restriction by trans- ently have started switching their status to ment: Subsection 1(b)(1) defines the term ferring funds to State parties for the purpose Section 527, a different provision of the tax ‘‘coordinated disbursement’’ as spending by a of running such ads. code that offers tax benefits with fewer re- person or entity other than a candidate or (c) Limits on Coordinated and Independent strictions on political activity. At the same his authorized committee for broadcast, Expenditures: Section 441a(d) provides that time, these organizations claim that they print, direct mail or other similar type of political parties can spend a set amount of are not subject to FECA because they are public communication if the spending person money in coordination with their presi- not engaging in express advocacy. Section 5 or entity consults or coordinates with a can- dential candidates to further those can- amends the definitions of the term ‘‘political didate or party about the disbursement. ‘‘Co- didates’ chances for election. Under Colorado organization’’ in Section 527 and ‘‘political ordinated disbursements’’ encompass any Republican Federal Campaign Committee v. committee’’ in FECA to make clear that the type of communication or advertising, and Federal Election Commission, parties also tax benefits of Section 527 are available only are not limited to those including words of have the right to make unlimited ‘‘independ- to organizations whose activities are regu- express advocacy. The term does not encom- ent expenditures’’—that is, expenditures lated under FECA, unless the organization pass, however, any spending a political party that expressly advocate a candidate but are focuses exclusively on State or local politi- makes under Section 441a(d), which explic- not made in consultation with the candidate. cal activity. itly allows parties to coordinate a set Section 2 of the Lieberman bill would re- SECTION 6: SEVERABILITY amount of spending with their candidates, or quire parties accepting convention financing Section 6 provides that a declaration that disbursements for bona fide newscasts, edi- to agree to limit all categories of their ex- any provision of the legislation is unconsti- torials, and the like. In addition, in the case penditures for their presidential can- tutional shall not affect the rest of the legis- of a presidential candidate who designates a didates—whether they be coordinated ex- lation. political party as his authorized campaign penditures, independent expenditures or ex- SECTION 7: EFFECTIVE DATE penditures for electioneering advertising—to committee, the term encompasses only co- Section 7 provides that the legislation the amount set in Section 441a(d). ordinated spending by the political party takes effect 30 days after enactment. that exceeds the combined limit allowed (d) Prohibition on Coordinated Disburse- SECTION 8: AUTHORITY TO PROMULGATE under the public financing laws and Section ments: Section 2 provides that parties ac- 441a(d). cepting public convention financing may not REGULATIONS (2) Prohibition on Participating in Coordi- participate in coordinated disbursements in- Section 8 provides the FEC and the IRS nated Disbursements During General Elec- volving presidential candidates during a with authority to (a) promulgate regulations tion: Subsection 1(b)(2) prohibits publicly- presidential election year. Note that because as necessary to enforce the legislation and funded general election candidates from par- the definition of ‘‘coordinated disbursement’’ (b) provide exceptions to any of the legisla- ticipating in any coordinated disbursements. excludes Section 441a(d) expenditures, par- tion’s provisions if necessary to serve the (3) Prohibition on Participating in Coordi- ties still may spend a specified amount in co- public interest. nated Disbursements During Primary Elec- ordination with their presidential can- tion: Subsection 1(b)(3) prohibits primary didates. By Mr. GRASSLEY: candidates receiving federal matching funds (e) Prohibition on Donations to Tax-Ex- S. 1667. A bill to amend section 2164 from participating in coordinated disburse- empt Organizations: Section 2 provides that of title 10, United States Code, to clar- ments unless the coordinated disbursement parties accepting convention financing may ify the eligibility of dependents of is a contribution subject to the election not solicit any funds for, or direct any dona- United States Service employees to en- law’s contribution limits. tions to, IRS Code Section 501(c) organiza- roll in Department of Defense depend- tions that engage in any election-related ac- SECTION 2: REQUIREMENTS FOR POLITICAL PAR- ents schools in Puerto Rico; to the tivity, which is defined to include voter reg- TIES ACCEPTING PUBLIC FINANCING FOR PRES- istration, get-out-the-vote activities, the Committee on Armed Services. IDENTIAL NOMINATING CONVENTIONS publication or distribution of voter guides, DEPARTMENT OF DEFENSE SCHOOLS Section 2 imposes five new requirements or the making of widely disseminated com- LEGISLATION on political parties accepting public financ- munications that mention candidates or po- Mr. GRASSLEY. Mr. President. I ing for their presidential nominating con- litical parties. would like to draw attention to a prob- ventions: (a) they must agree to use only (f) Prohibition on Soft Money: Section 2 re- lem in our drug control program. It hard money to fund advertisements using a quires parties accepting convention financ- presidential candidate’s name or likeness in concerns something that the Depart- ing to agree to a ban on soft money. The lan- ment of Defense (DoD) is not doing. a presidential election year; (b) they must guage for the ban is taken from S. 25, the agree to limit their express advocacy ex- McCain-Feingold bill. And frankly it’s embrassing. Today, penditures—whether they are made in co- the men and women of federal law en- SECTION 3: REQUIRED DISCLAIMER FOR ordination with their presidential candidate PRESIDENTIAL CANDIDATES forcement constantly put their lives at or independently of them—to the amount set risk in an effort to fight the increasing in Section 441a(d); (c) they must agree not to Section 3 requires candidates for the presi- dency to add the following statement to any flow of illicit drugs into our country. participate in coordinated disbursements Not only do we face the threat of an in- with respect to their presidential candidates; broadcast or direct mail advertisement: (d) they must agree not to solicit any funds ‘‘Federal law establishes voluntary spending crease of drugs in our children’s for or make any donations to tax-exempt limits for candidates for President. This can- schools and on our streets, but our law ll groups; and (e) they must agree to a ban on didate agreed to abide by the limits.’’ enforcement officers continue to face a soft money: The blank line is to be filled in with either rising tide of violence at our borders (a) Definition of Electioneering Advertis- ‘‘has’’ or ‘‘has not,’’ as appropriate. and in our cities as a result of the drug ing: Section 2 defines ‘‘electioneering adver- SECTION 4: LIMITATIONS ON POLITICAL ACTIVITY trade. We continue to see the flow of BY TAX-EXEMPT ORGANIZATIONS tising’’ to include a communication that ei- narcotics across the Southern tier of ther uses words like ‘‘vote for’’ or ‘‘vote Section 4 makes more explicit the precise against’’ the candidate, or that refers to one limits on the political activities of organiza- the U.S. to include Puerto Rico. Law or more clearly identified candidates in a tions with tax-exempt status under Section enforcement personnel, with their com- communication that is widely disseminated 501(c)(3) or (c)(4) of the tax code. It provides mitment to the mission to fight the through a broadcast station, newspaper, that such organizations shall lose their ex- war on drugs, work many long hours, magazine, direct mail or any other type of emption if they: sometimes late into the evening and general public communication. The provi- (a) solicit or accept a contribution from a are subject to changes in their sched- sion explicitly excludes printed voter guides political party or a candidate; ules at a moment’s notice. The families (b) make or direct a contribution to a po- from the term ‘‘electioneering advertising,’’ of these officers also feel the pressures as long as the voter guide presents informa- litical party or a candidate; tion in an educational manner about two or (c) make a disbursement for electioneering of the job they perform. This brings me more candidates’ positions on issues, is not advertising (defined in Section 2, above) if to the point I would like to make. coordinated with candidates or political par- the advertising is made 60 days or less before The front lines of the U.S. Customs ties, provides equal prominence to all can- a general election or 30 days or less before a Service do not involve just a problem didates covered by the guide, and does not primary election, unless the disbursement of gun-toting drug thugs. Agents face contain phrases like ‘‘vote for’’ or ‘‘vote constitutes an independent expenditure that more than long hours and risky situa- against’’ any candidate. is otherwise permitted by law; or tions. While they deal with all these (b) Restrictions on Electioneering Adver- (d) participate in a coordinated disburse- ment (defined in Section 1(b)(1), above). things, they must shoulder the addi- tising by Parties: Section 2 provides that tional burden of coping with bureautic throughout the presidential election year, SECTION 5: ENSURING THAT SECTION 527 ORGANI- parties accepting public convention financ- ZATIONS COMPLY WITH THE FEDERAL ELEC- bumbledom. This added load is a result ing must use only hard money to pay for TION LAWS of DoD officiousness and unwillingness electioneering advertising featuring presi- A number of 501(c)(4) organizations active to cooperate. The language of instruc- dential candidates. In addition, it prohibits in federal election-related activity appar- tion in Puerto Rico public schools is February 23, 1998 CONGRESSIONAL RECORD — SENATE S845 Spanish and not English. Therefore, My staff has communicated with DoD tion’s Capital; to the Committee on the only affordable English-language to resolve these problems. But DoD has Environment and Public Works. school option for U.S. Customs person- not been very responsive. I personally LEGISLATION ON PLACEMENT OF THE MARTIN nel is the DoD school. However, cur- wrote the Secretary of Defense to work LUTHER KING, JR. MEMORIAL rent legislation and DoD policy is cre- out a solution. I got a response from a Mr. SARBANES. Mr. President, the ating a hardship for Customs employ- low-level bureaucrat who responded 104th Congress passed legislation, in- ees and their families. This unneces- just like, well, a bureaucrat. The an- troduced by myself and my distin- sarily affects our counter-drug efforts swer was, ‘‘nothing can be done’’, that guished colleague Senator WARNER, to by undermining morale. the solution is to ‘‘change the legisla- authorize the establishment of a monu- It is understanding that the children tion’’. ment to Dr. Martin Luther King, Jr. on of these law enforcement personnel Mr. President, I plan to do just that. federal land in the District of Colum- have been attending DoD schools in Today, I am introducing legislation bia. Puerto Rico for more than 20 years. that would clarify the eligibility of Today I rise, once again for myself Throughout the years, changes in legis- Customs Service employee dependents and Senator WARNER, to introduce leg- lation and DoD policy have placed nu- to enroll in the Department of Defense islation that would give effect to the merous restrictions on Customs and Schools in Puerto Rico. This bill is es- recommendation of the Department of other Federal civilian agencies. Cus- sential in order to address the current Interior that this Memorial be situated toms has recently augmented its work- problems that I have described for in Area I of the Capital. Area I com- force in Puerto Rico under its Oper- these employees and their families. I prises, in the words of the Interior De- ation Gateway initiative in light of the look forward to working with my col- partment, ‘‘the central Monumental continuing and heightened threat of leagues to ensure that our efforts to Core of the District of Columbia and its narcotics smuggling and money laun- protect our country from illicit drugs environs,’’ that is, the Mall and its sur- dering in the Caribbean Basin. I sup- is effective and adequately supported. I rounding areas. The Department has ported this initiative. hope that my colleagues will look at determined that a commemorative This session I will also stress the this legislation and join me in sponsor- work belongs in Area I only if it is de- need for better coordination of our ing this bill. It is enough of a burden termined to be of preeminent historical interdiction strategy, particularly the on the families of the dedicated men and lasting significance to the Nation. need to develop a ‘‘Southern Tier’’ con- and women who labor to protect our It comes as no surprise that the King cept. This initiative will strive to focus borders without further weighing them memorial has been found to meet these resources in a more comprehensive way down with senseless red tape. criteria, and I urge my colleagues to to protect our southern frontier. Puer- Mr. President, I ask unanimous con- join me in approving the Department’s to Rico is crucial to this strategy. Cur- sent that the text of the bill be printed recommendation. I ask unanimous con- sent that the text of a January 29, 1998 rent legislation and DoD’s policy re- in the RECORD. letter from Don Barry, Acting Assist- quirements are, however, obstacles to There being no objection, the bill was ant Interior Secretary for Fish and the effective implementation of this ordered to be printed in the RECORD, as Wildlife and Parks, to Vice President aggressive enforcement initiative in follows: GORE transmitting this recommenda- terms of recruitment and retention of S. 1667 tion be included in the RECORD. Customs employees because, as I stated Be it enacted by the Senate and House of Rep- earlier, there are no English speaking Mr. President, it is particularly apt resentatives of the United States of America in that Senator WARNER and I introduce public schools in Puerto Rico. Congress assembled, In my view, it is unfair that Customs this legislation in February, which has SECTION 1. CLARIFICATION OF ELIGIBILITY OF been designated Black History Month. agents and Inspectors in Puerto Rico— CUSTOMS SERVICE EMPLOYEE DE- the men and women who deal daily PENDENTS TO ENROLL IN DEPART- To place the King Memorial alongside with difficult and dangerous situa- MENT OF DEFENSE DEPENDENTS monuments to America’s greatest lead- SCHOOLS IN PUERTO RICO. ers would acknowledge the nation’s tions—should find their attention dis- (a) CLARIFICATION.—Section 2164(c) of title tracted by something like this. historic debt to Dr. King, to his philos- 10, United States Code, is amended by adding ophy of nonviolence, and to his dream The U.S. Customs Service interdicts at the end the following: more drugs than any other Govern- ‘‘(4)(A) A dependent of a United States Cus- of Americans living together in racial ment Agency. Based on the size of the toms Service employee who resides in Puerto harmony. The National Capital Memo- workforce of Customs in Puerto Rico, Rico but not on a military installation may rial Commission agrees. After holding their critical law enforcement mission, enroll in an educational program provided by a hearing on July 29, 1997, on the ques- the difficulty in recruiting, and the the Secretary pursuant to subsection (a) in tion of the location of the King Memo- negative effect this policy is having on Puerto Rico. rial, the Commission informed Assist- ‘‘(B) Notwithstanding the limitation on du- ant Secretary Barry that, in his words: their employees and families (over 150 ration of enrollment set forth in paragraph Dr. King, the central figure of the Civil children of Customs employees are cur- (2), a dependent described in subparagraph Rights movement, a man who strove to ad- rently enrolled in the program), I (A) who is enrolled in an education program vance the cause of equality for all Ameri- would like to see a swift solution to described in that subparagraph may be re- cans, and a man who dedicated himself moved from the program only for good cause these problems. through nonviolent means to promote the (as determined by the Secretary). Recently, a Customs’ Special Agent principles of justice and equality, who paid ‘‘(C) In the event of the death in the line of was killed in an accident while assist- the ultimate price for his beliefs, has had a duty of an employee described in subpara- ing the U.S. Secret Service on a Presi- profound effect on all Americans which will graph (A), a dependent of the employee may continue through history. dential detail. This highlights another remain enrolled in an educational program problem. My legislation would also ad- described in that subparagraph until— Situation of the King Memorial in Area dress a concern raised by this case. It ‘‘(i) the dependent completes the secondary I would also place Dr. King’s legacy in happens that the children of this agent education associated with such educational historical context. Americans are al- currently attend classes in the DoD program; or ready aware of the achievements of school in Puerto Rico. It is my under- ‘‘(ii) the dependent is removed for good George Washington, Thomas Jefferson, standing that a letter from the Sec- cause (as so determined).’’. Abraham Lincoln, Franklin Delano retary of the Treasury was sent to the (b) APPLICABILITY.—The amendment made Roosevelt, the veterans of our foreign by subsection (a) shall take effect on the Secretary of Defense requesting that date of enactment of this Act and apply to wars, and other Area I honorees in pre- these children be able to continue to academic years beginning on or after that serving the liberties, freedoms, and attend classes in the DoD school pro- date. rights that Americans hold dear. Dr. gram for the remainder of their edu- King and his legacy hold a vital place cation. So far, DoD has dragged its feet By Mr. SARBANES (for himself along this continuum, and fully de- and has not resolved the matter. What and Mr. WARNER): serve the honor that the Secretary of is unfortunate is that at the end of the S.J. Res. 41. A joint resolution ap- the Interior seeks to accord them. year, these children will no longer be proving the location of a Martin Lu- Mr. President, while we have come a eligible to attend the DoD school. ther King, Jr., Memorial in the Na- long way since Dr. King’s death toward S846 CONGRESSIONAL RECORD — SENATE February 23, 1998 the goals of equality and racial har- In accordance with section 1006(a) of the lina (Mr. THURMOND) was added as a co- mony for which he lived, and gave, his Act, notice is hereby given that I have, sponsor of S. 837, a bill to exempt life, we still have a long way to go. A through my designee, consulted with the Na- qualified current and former law en- King Memorial in Area I would serve as tional Capital Memorial Commission, and forcement officers from State laws pro- recommend that the memorial be authorized a signpost along the road toward these a location within Area I. Under section hibiting the carrying of concealed fire- goals for those who were not alive 1006(a) of that Act, my recommendation to arms and to allow States to enter into when Dr. King lived, and as a reminder locate the memorial in Area I shall be compacts to recognize other States’ that the goals toward which he strove deemed disapproved unless, not later than concealed weapons permits. must be attained in order for America 150 days after this notification, the rec- S. 990 to remain strong and true to its gov- ommendation is approved by law. At the request of Mr. FAIRCLOTH, the erning principles. No sites have been considered in advance of name of the Senator from North Caro- this recommendation. Enclosed is a draft of In closing, let me pay tribute to lina (Mr. HELMS) was added as a co- a joint resolution to authorize location of Alpha Phi Alpha, the oldest African- sponsor of S. 990, a bill to amend the American fraternity in the United this memorial in Area I. We recommend that it be referred to the appropriate Committee Public Health Service Act to establish States, to which Dr. King and many for consideration. the National Institute of Biomedical other prominent African-Americans, The Office of Management and Budget has Imaging. such as former Supreme Court Justice advised that there is no objection to the en- S. 1042 Thurgood Marshall, belonged. Under actment of the enclosed draft joint resolu- At the request of Mr. CRAIG, the the King Memorial plan enacted into tion from the standpoint of the Administra- name of the Senator from California tion’s program. law last Congress, Alpha Phi Alpha will (Mrs. FEINSTEIN) was added as a co- Sincerely, coordinate the funding and design of sponsor of S. 1042, a bill to require DON BARRY, the King Memorial, which will be fund- country of origin labeling of perishable ed entirely through private donations, Acting Assistant Secretary for Fish and Wildlife and Parks. agricultural commodities imported at no cost to the public. Alpha Phi Al- f into the United States and to establish pha’s efforts in this area—and its sup- penalties for violations of the labeling port of this legislation—reflect its de- ADDITIONAL COSPONSORS requirements. sire that Dr. King’s legacy remain S. 1151 S. 194 alive. I urge the Senate to carry its At the request of Mr. DODD, the At the request of Mr. CHAFEE, the burden in this effort, and to pass the names of the Senator from Hawaii (Mr. name of the Senator from Michigan Interior Department’s recommenda- INOUYE) and the Senator from South (Mr. LEVIN) was added as a cosponsor of tions into law as soon as possible. Dakota (Mr. DASCHLE) were added as S. 194, a bill to amend the Internal There being no objection, the mate- cosponsors of S. 1151, a bill to amend Revenue Code of 1986 to make perma- rial was ordered to be printed in the subpart 8 of part A of title IV of the nent the section 170(e)(5) rules pertain- RECORD, as follows: Higher Education Act of 1965 to support ing to gifts of publicly-traded stock to DEPARTMENT OF THE INTERIOR, the participation of low-income par- OFFICE OF THE SECRETARY, certain private foundations and for ents in postsecondary education Washington, DC, January 29, 1993. other purposes. through the provision of campus-based Hon. ALBERT GORE, Jr., S. 356 President of the Senate, child care. Washington, DC. At the request of Mr. GRAHAM, the S. 1204 DEAR MR. PRESIDENT: Public Law 104–333, name of the Senator from Maine (Ms. At the request of Mr. COVERDELL, the Section 508, 110 STAT. 4157, (1996), authorized COLLINS) was added as a cosponsor of S. names of the Senator from Arkansas the Alpha Phi Alpha Fraternity to establish 356, a bill to amend the Internal Reve- (Mr. HUTCHINSON) and the Senator from a memorial to Martin Luther King, Jr., in nue Code of 1986, the Public Health Kentucky (Mr. MCCONNELL) were added the District of Columbia pursuant to the Service Act, the Employee Retirement as cosponsors of S. 1204, a bill to sim- Commemorative Works Act, 40 U.S.C. §§ 1001– Income Security Act of 1974, the title 1010 (1994 & Supp. I 1995). plify and expedite access to the Federal The Alpha Phi Alpha Fraternity has re- XVIII and XIX of the Social Security courts for injured parties whose rights quested that the memorial be located in Act to assure access to emergency and privileges, secured by the United Area I, the area comprising the central Mon- medical services under group health States Constitution, have been de- umental Core of the District of Columbia and plans, health insurance coverage, and prived by final actions of Federal agen- its environs, which is defined in section the medicare and medicaid programs. cies, or other government officials or 1002(e) of the Commemorative Works Act by S. 467 a referenced map. Section 1006(a) of that Act entities acting under color of State provides that the Secretary of the Interior, At the request of Mr. WELLSTONE, the law; to prevent Federal courts from ab- after consultation with the National Capital name of the Senator from Illinois (Ms. staining from exercising Federal juris- Memorial Commission, may recommend lo- MOSELEY-BRAUN) was added as a co- diction in actions where no State law cating a commemorative work in Area I only sponsor of S. 467, a bill to prevent dis- claim is alleged; to permit certification if the Secretary determines that the subject crimination against victims of abuse in of unsettled State law questions that of the memorial is of preeminent historical all lines of insurance. are essential to resolving Federal and lasting significance to the Nation. If a claims arising under the Constitution; determination of preeminence and lasting S. 497 and to clarify when government action significance is made, this section further At the request of Mr. COVERDELL, the provides that the Secretary shall notify the name of the Senator from Oklahoma is sufficiently final to ripen certain Federal claims arising under the Con- Congress and recommend that the memorial (Mr. INHOFE) was added as a cosponsor stitution. be located in Area I. of S. 497, a bill to amend the National Following its public meeting on July 29, S. 1283 1997, the National Capital Memorial Commis- Labor Relations Act and the Railway Labor Act to repeal the provisions of At the request of Mr. BUMPERS, the sion advised me that Dr. King, the central names of the Senator from New Jersey figure of the Civil Rights movement, a man the Acts that require employees to pay (Mr. LAUTENBERG), the Senator from who strove to advance the cause of equality union dues or fees as a condition of em- for all Americans, and a man who dedicated ployment. South Dakota (Mr. DASCHLE), the Sen- himself through nonviolent means to pro- ator from Washington (Mrs. MURRAY), S. 531 mote the principles of justice and equality, the Senator from North Dakota (Mr. who paid the ultimate price for his beliefs, At the request of Mr. ROTH, the name DORGAN), the Senator from Kentucky has had a profound effect on all Americans of the Senator from Illinois (Ms. (Mr. FORD), the Senator from Hawaii which will continue through history. MOSELEY-BRAUN) was added as a co- (Mr. INOUYE), the Senator from Ne- I have considered the advice and find the sponsor of S. 531, a bill to designate a braska (Mr. KERREY), the Senator from subject to be of preeminent historical and portion of the Arctic National Wildlife Wisconsin (Mr. FEINGOLD), the Senator lasting significance to the Nation. The Alpha Refuge as wilderness. Phi Alpha Fraternity should be granted the from Connecticut (Mr. LIEBERMAN), the authority to consider locations within Area I S. 837 Senator from Georgia (Mr. CLELAND), as potential sites for the memorial to Martin At the request of Mr. CAMPBELL, the the Senator from California (Mrs. FEIN- Luther King, Jr. name of the Senator from South Caro- STEIN), the Senator from South Dakota February 23, 1998 CONGRESSIONAL RECORD — SENATE S847

(Mr. JOHNSON), the Senator from Rhode S. 1569 COLLINS) and the Senator from Indiana Island (Mr. REED), the Senator from At the request of Mr. COVERDELL, the (Mr. LUGAR) were added as cosponsors Louisiana (Mr. BREAUX), the Senator name of the Senator from Texas (Mr. of Senate Concurrent Resolution 30, A from Massachusetts (Mr. KENNEDY), the GRAMM) was added as a cosponsor of S. concurrent resolution expressing the Senator from Connecticut (Mr. DODD), 1569, a bill to amend the Internal Reve- sense of the Congress that the Republic the Senator from Ohio (Mr. GLENN), the nue Code of 1986 to raise the 15 percent of China should be admitted to multi- Senator from Massachusetts (Mr. income tax bracket into middle class lateral economic institutions, includ- KERRY), and the Senator from Iowa income levels, and for other purposes. ing the International Monetary Fund (Mr. HARKIN) were added as cosponsors S. 1578 and the International Bank for Recon- struction and Development. of S. 1283, a bill to award Congressional At the request of Mr. MCCAIN, the gold medals to Jean Brown Trickey, name of the Senator from Virginia (Mr. SENATE CONCURRENT RESOLUTION 71 At the request of Mr. LOTT, the name Carlotta Walls LaNier, Melba Patillo ROBB) was added as a cosponsor of S. Beals, Terrence Roberts, Gloria Ray 1578, a bill to make available on the of the Senator from Kansas (Mr. Karlmark, Thelma Mothershed Wair, Internet, for purposes of access and re- BROWNBACK) was withdrawn as a co- Ernest Green, Elizabeth Eckford, and trieval by the public, certain informa- sponsor of Senate Concurrent Resolu- Jefferson Thomas, commonly referred tion available through the Congres- tion 71, A concurrent resolution con- demning Iraq’s threat to international collectively as the ‘‘Little Rock Nine’’ sional Research Service web site. on the occasion of the 40th anniversary peace and security. S. 1580 of the integration of the Central High SENATE RESOLUTION 170 HELBY School in Little Rock, Arkansas. At the request of Mr. S , the At the request of Mr. SPECTER, the name of the Senator from Kentucky S. 1334 names of the Senator from Arkansas C ONNELL At the request of Mr. BOND, the (Mr. M C ) was added as a co- (Mr. BUMPERS) and the Senator from names of the Senator from Virginia sponsor of S. 1580, a bill to amend the Georgia (Mr. CLELAND) were added as (Mr. ROBB) and the Senator from Flor- Balanced Budget Act of 1997 to place an cosponsors of Senate Resolution 170, A ida (Mr. GRAHAM) were added as co- 18-month moratorium on the prohibi- resolution expressing the sense of the sponsors of S. 1334, a bill to amend title tion of payment under the medicare Senate that the Federal investment in 10, United States Code, to establish a program for home health services con- biomedical research should be in- demonstration project to evaluate the sisting of venipuncture solely for the creased by $2,000,000,000 in fiscal year feasibility of using the Federal Em- purpose of obtaining a blood sample, 1999. ployees Health Benefits program to en- and to require the Secretary of Health SENATE RESOLUTION 171 sure the availablity of adequate health and Human Services to study potential At the request of Mr. SPECTER, the care for Medicare-eligible beneficiaries fraud and abuse under such program names of the Senator from Delaware under the military health care system. with respect to such services. (Mr. BIDEN), the Senator from Illinois S. 1350 S. 1605 (Ms. MOSELEY- BRAUN), the Senator At the request of Mr. LEAHY, the At the request of Mr. LEAHY, the from New York (Mr. D’AMATO), the names of the Senator from New Hamp- name of the Senator from Oregon (Mr. Senator from Michigan (Mr. ABRAHAM), shire (Mr. GREGG) and the Senator WYDEN) was added as a cosponsor of S. the Senator from New York (Mr. MOY- from Florida (Mr. GRAHAM) were added 1605, a bill to establish a matching NIHAN), the Senator from Illinois (Mr. as cosponsors of S. 1350, a bill to amend grant program to help States, units of DURBIN), the Senator from Connecticut section 332 of the Communications Act local government, and Indian tribes to (Mr. DODD), the Senator from Ohio (Mr. of 1934 to preserve State and local au- purchase armor vests for use by law en- GLENN), the Senator from Wisconsin thority to regulate the placement, con- forcement officers. (Mr. KOHL), the Senator from New Mex- struction, and modification of certain S. 1621 ico (Mr. DOMENICI), the Senator from telecommunications facilites, and for At the request of Mr. GRAMS, the California (Mrs. BOXER), the Senator other purposes. name of the Senator from Pennsyl- from North Carolina (Mr. HELMS), the S. 1421 vania (Mr. SANTORUM) was added as a Senator from Michigan (Mr. LEVIN), At the request of Mr. KENNEDY, the cosponsor of S. 1621, A bill to provide the Senator from South Carolina (Mr. name of the Senator from South Da- that certain Federal property shall be THURMOND), and the Senator from Ten- kota (Mr. DASCHLE) was added as a co- made available to States for State use nessee (Mr. THOMPSON) were added as sponsor of S. 1421, A bill to amend the before being made available to other cosponsors of Senate Resolution 171, A Public Health Service Act to provide entities, and for other purposes. resolution designating March 25, 1998, additional support for and to expand as ‘‘Greek Independence Day: A Na- S. 1643 clinical research programs, and for tional Day of Celebration of Greek and At the request of Mr. KENNEDY, the other purposes. American Democracy.’’ name of the Senator from New Jersey S. 1422 f (Mr. LAUTENBERG) was added as a co- At the request of Mr. MCCAIN, the sponsor of S. 1643, a bill to amend title SENATE RESOLUTION 179—RELAT- names of the Senator from South Caro- XVIII of the Social Security Act to ING TO THE INDICTMENT AND lina (Mr. HOLLINGS), the Senator from delay for one year implementation of PROSECUTION OF SADDAM HUS- Virginia (Mr. ROBB), and the Senator the per beneficiary limits under the in- SEIN FOR WAR CRIMES AND from Washington (Mr. GORTON) were terim payment system to home health OTHER CRIMES AGAINST HU- added as cosponsors of S. 1422, a bill to agencies and to provide for a later base MANITY amend the Communications Act of 1934 year for the purposes of calculating to promote competition in the market Mr. SPECTER submitted the follow- new payment rates under the system. for delivery of multichannel video pro- ing resolutions; which was referred to gramming and for other purposes. SENATE JOINT RESOLUTION 30 the Committee on Foreign Relations: S. 1460 At the request of Mr. WARNER, the S. RES. 179 At the request of Mr. LAUTENBERG, names of the Senator from Wisconsin Whereas, the International Military Tribu- the name of the Senator from Con- (Mr. FEINGOLD), the Senator from nal at Nuremberg was convened to try indi- Michigan (Mr. ABRAHAM), and the Sen- viduals for crimes against international law necticut (Mr. DODD) was added as a co- during World War II; sponsor of S. 1460, a bill for the relief of ator from Virginia (Mr. ROBB) were Whereas, the Nuremberg tribunal provision Alexandre Malofienko, Olga Matsko, added as cosponsors of Senate Joint which held that ‘‘crimes against inter- and their son Vladimir Malofienko. Resolution 30, A joint resolution des- national law are committed by men, not by S. 1461 ignating March 1, 1998 as ‘‘United abstract entities, and only by punishing indi- At the request of Mr. LAUTENBERG, States Navy Asiatic Fleet Memorial viduals who commit such crimes can the pro- the name of the Senator from Hawaii Day,’’ and for other purposes. visions of international law be enforced’’ is as valid today as it was in 1946; (Mr. AKAKA) was added as a cosponsor SENATE CONCURRENT RESOLUTION 30 Whereas, on August 2, 1990 and without of S. 1461, a bill to establish a youth At the request of Mr. HELMS, the provocation, Iraq initiated a war of aggres- mentoring program. names of the Senator from Maine (Ms. sion against the sovereign state of Kuwait; S848 CONGRESSIONAL RECORD — SENATE February 23, 1998 Whereas, the Charter of the United Nations destroy the Kurdish population in Iraq (1) call for the creation of a commission imposes on its members the obligations to through the use of chemical weapons against under the auspices of the United Nations to ‘‘refrain in their international relations from civilian Kurds, campaigns in 1987–88 which establish an international record of the the threat or use of force against the terri- resulted in the disappearance of more than criminal culpability of Saddam Hussein and torial integrity or political independence of 182,000 persons and the destruction of more other Iraqi officials; and any state’’; than 4,000 villages, the placement of more (2) call for the United Nations to form an Whereas, the leaders of the Government of than 10 million landmines in Iraqi Kurdistan, international criminal tribunal for the pur- Iraq, a country which is a member of the and ethnic cleansing in the city of Kirkuk; pose of indicting, prosecuting, and imprison- United Nations, did violate this provision of Whereas, the Republic of Iraq is a signa- ing Saddam Hussein and other Iraqi officials the United Nations Charter; tory to international agreements including who are responsible for crimes against hu- Whereas the Geneva Convention Relative the Universal Declaration on Human Rights, manity, genocide, and other violations of to the Protection of Civilian Persons in the International Covenant on Civil and Po- international law; and Times of War (the Fourth Geneva Conven- litical Rights, the Convention on the Preven- (3) devise a long-term plan, in consultation tion) imposes certain obligations upon a bel- tion and Punishment of the Crime of Geno- with allies of the United States, for the re- ligerent State, occupying another country cide, and the POW Convention, and is obli- moval of Saddam Hussein from his position as President of Iraq, so that he can be pros- by force of arms, in order to protect the ci- gated to comply with these international ecuted fully for war crimes and other viola- vilian population of the occupied territory agreements; tions of international law. from some of the ravages of the conflict; Whereas, Section 8 of Resolution 687 of the Whereas, both Iraq and Kuwait are parties United Nations Security Council, adopted on Mr. SPECTER. Mr. President, I now to the Fourth Geneva Convention; April 3, 1991, requires Iraq to ‘‘uncondition- offer a resolution that seeks to deal Whereas, the public testimony of witnesses ally accept the destruction, removal, or ren- with the international crisis caused by and victims has indicated that Iraqi officials dering harmless, under international super- Saddam Hussein’s amassing of weapons violated Article 27 of the Fourth Geneva vision of all chemical and biological weapons of mass destruction. There are reports Convention by their inhumane treatment and all stocks of agents and all related sub- as of this morning that Secretary Gen- and acts of violence against the Kuwaiti ci- systems and components and all research, eral Kofi Annan has solved the problem vilian population; development, support, and manufacturing fa- after discussions with Saddam Hussein. Whereas, the public testimony of witnesses cilities’’; and victims has indicated that Iraqi officials Whereas, Saddam Hussein and the Republic A diplomatic solution is always pref- violated Articles 31 and 32 of the Fourth Ge- of Iraq have persistently and flagrantly vio- erable to a military solution, even neva Convention by subjecting Kuwaiti civil- lated the terms of Resolution 687 with re- though Saddam Hussein has carried the ians to physical coercion, suffering and ex- spect to elimination of weapons of mass de- world to the brink of war. Before we termination in order to obtain information; struction and inspections by international will know whether or not Secretary Whereas, in violation of the Fourth Geneva supervisors; General Kofi Annan has succeeded, we Convention, from January 18, 1991 to Feb- Whereas, there is good reason to believe will have to read the fine print. ruary 25, 1991, Iraq did fire 39 missiles on that Iraq continues to have stockpiles of In the event that the Secretary Gen- Israel in 18 separate attacks with the intent chemical and biological munitions, missiles of making it a party to war and with the in- capable of transporting such agents, and the eral’s efforts to end the crisis are un- tent of killing or injuring innocent civilians, capacity to produce such weapons of mass successful, I submit that it is a con- killing two persons directly, killing 12 people destruction, putting the international com- stitutional imperative that Congress indirectly (through heart attacks, improper munity at risk; consider, debate, deliberate, and vote use of gas masks, choking), and injuring Whereas, on February 22, 1993, the United on a resolution on how to deal with more than 200 persons; Nations Security Council adopted Resolution this threat before the President takes Whereas, Article 146 of the Fourth Geneva 808 establishing an international tribunal to unilateral action with air and missile Convention states that persons committing try individuals accused of violations of inter- strikes. ‘‘grave breaches’’ are to be apprehended and national law in the former Yugoslavia; Air and missile strikes constitute subjected to trial; Whereas, on November 8, 1994, the United Whereas, on several occasions, the United Nations Security Council adopted Resolution acts of war. Under the U.S. Constitu- Nations Security Council has found Iraq’s 955 establishing an international tribunal to tion, only the Congress has the author- treatment of Kuwaiti civilians to be in viola- try individuals accused of the commission of ity to involve our Nation in war. In his tion of international law; violations of international law in Rwanda; constitutional capacity as Commander Whereas, in Resolution 665, adopted on Au- Whereas, more than 70 individuals have in Chief, the President may act in gust 25, 1990, the United Nations Security faced indictments handed down by the Inter- emergencies, but there is now time for Council deplored ‘‘the loss of innocent life national Criminal Tribunal for the Former deliberative action by the Congress. stemming from the Iraq invasion of Kuwait’’; Yugoslavia in the Hague for war crimes and During the week of February 9, when Whereas, in Resolution 670, adopted by the crimes against humanity in the former this issue was the talk of the caucuses United Nations Security Council on Septem- Yugoslavia, leading in the first trial to the ber 25, 1990, it condemned further ‘‘the treat- sentencing of a Serb jailer to 20 years in pris- and the cloakrooms, Congress spoke ment by Iraqi forces on Kuwait nationals on; loudly by not speaking at all because and reaffirmed that the Fourth Geneva Con- Whereas, the International Criminal Tribu- there was no agreement on what should vention applied to Kuwait’’; nal for Rwanda has indicted 31 individuals, be done. On February 16, I wrote the Whereas, in Resolution 674, the United Na- with three trials occurring at present and 27 President urging that no military ac- tions Security Council demanded that Iraq individuals in custody; tion be taken until Congress returned cease mistreating and oppressing Kuwaiti Whereas, a failure to try and punish lead- from the recess today, February 23. nationals in violation of the Convention and ers and other persons for crimes against With the prospect of unilateral Presi- reminded Iraq that it would be liable for any international law establishes a dangerous damage or injury suffered by Kuwaiti nation- precedent and negatively impacts the value dential action, if Secretary General als due to Iraq’s invasion and illegal occupa- of deterrence to future illegal acts; Annan is unsuccessful, I believe it is tion; Whereas, on February 17, 1998, the Presi- our duty in both the Senate and the Whereas, Iraq is a party to the Prisoners of dent of the United States outlined his policy House to take a position on this obvi- War Convention and there is evidence and on engaging in a military action against Iraq ously critical issue of war or peace be- testimony that during the Persian Gulf War, and stated that his purpose is ‘‘to seriously fore the President takes unilateral ac- Iraq violated articles of the Convention by diminish the threat posed by Iraq’s weapons tion with a military strike. its physical and psychological abuse of mili- of mass destruction program’’ and further My resolution is an alternative to tary and civilian POW’s including members stated that if a United States military oper- the approach outlined by the President of the international press; ation does not prevent Saddam Hussein from Whereas, Iraq has committed deliberate rebuilding his weapons of mass destruction, on February 17. Without deciding and calculated crimes of environmental ter- future military strikes will be necessary; whether I would vote to support the rorism, inflicting grave risk to the health Whereas, current plans are grossly inad- President’s plan, I am submitting this and well-being of innocent civilians in the equate because it is insufficient to ‘‘seri- alternative because I think it is a pref- region by its willful ignition of 732 Kuwaiti ously diminish’’ the threat posed by Saddam erable course of action and, perhaps oil wells in January and February, 1991; Hussein to the international community even more importantly, to stimulate Whereas, President Clinton found ‘‘compel- through the use of weapons of mass destruc- debate in the Congress which could ling evidence’’ that the Iraqi Intelligence tion; produce an even better course of U.S. Service directed and pursued an operation to Whereas, there is a need for a long-term assassinate former President George Bush in approach to removing Saddam Hussein from action. The issues that now confront April 1993 when he visited Kuwait; his position as President of Iraq; Now, there- our Nation are complex, controversial, Whereas, Saddam Hussein and other Iraqi fore, be it and could produce unintended con- officials have systematically attempted to Resolved, That the President should— sequences. I do not contend that my February 23, 1998 CONGRESSIONAL RECORD — SENATE S849 resolution provides all the answers, or civilian casualties and our insistence lutions on the former Yugoslavia and even necessarily the best answer, but it on acting as we see fit, contrasted with Rwanda do not provide for the death could lead to the least of the available the views of the other nations, almost penalty, the United Nations may well undesirable alternatives, and that is uniformly with the exception of Great be persuaded that Saddam Hussein’s what I think we face, Mr. President—a Britain. conduct warrants the death penalty. I question of which is the least of the un- Third, air and missile strikes may believe the evidence speaks loudly to desirable alternatives. cause devastating unintended con- that effect. Beyond his war of aggres- At the outset, let there be no doubt sequences. Our experience has dem- sion against Kuwait and his missile at- that it is my view that Saddam Hus- onstrated that we may expect retalia- tacks killing U.S. personnel in Saudi sein’s amassing weapons of mass de- tion from terrorists. The bombing of Arabia and Israelis in Tel Aviv, there is struction is intolerable and must be Libya in 1986 produced the bombing of powerful evidence of Saddam Hussein’s stopped. If the United States takes ac- Pan Am 103. Our so-called covert pro- systematic action to destroy the popu- tion, there must be national unity be- posals against Iran most probably pro- lation of civilian Kurds in Iraq through hind our fighting forces, but that duced the terrorist attack on Khobar the use of chemical weapons in 1997– doesn’t mean giving the President a Towers in June of 1996. 1998, with more than 182,000 missing blank check in advance by delegating On the issue of unintended con- persons and the destruction of more to the executive the Congress’ con- sequences, who can be sure what will than 4,000 villages, including the place- stitutional duties. happen if we detonate Iraq’s biological ment of more than 10 million land Again, without committing myself and chemical weapons of mass destruc- mines in Iraq’s Kurdistan and ethnic on how I will vote if the President’s tion and those substances enter the at- cleansing in the city of Kurkuk. plan is submitted to Congress in a reso- mosphere? In March 1991, allied forces Those international crimes certainly lution, I do wish to express my deep detonated Iraq’s chemical weapons at warrant the death penalty by all exist- reservations and concerns for the fol- Kamasia. Those substances became air- ing standards. With an international lowing reasons: borne and may have been a significant judicial determination that the death First, the President’s plan does not contributing cause to Gulf War syn- penalty should be imposed on Saddam reach the core issue of removing Sad- drome, an issue now under intensive in- Hussein, we would then have the high dam Hussein as Iraq’s leader or in vestigation by the Veterans Affairs moral ground to carry out that verdict. eliminating his weapons of mass de- Committee, which I chair. The removal of Saddam Hussein as struction. The maximum result, as ar- The resolution, which I am submit- Iraq’s President does pose questions as ticulated by the President in his own ting today, strikes at the core of the to who would take over and what would words, is ‘‘to seriously diminish the problem: removing Saddam Hussein as happen to Iraq’s ability to counter- threat posed by weapons of mass de- Iraq’s leader by prosecuting him as an balance Iran in that region. It is hard struction.’’ But there is the under- international war criminal; and, if he to imagine an international situation standing or concession in that state- is not taken into custody as a war worse than the one currently posed by ment that there would only be a seri- criminal, by then implementing a long- Saddam Hussein, and it is hard to ous diminution, not an elimination, of term plan for his removal as Iraq’s imagine a new Iraqi leader worse than weapons of mass destruction. The President. Saddam Hussein. It may well be that a President then noted that if such weap- My basic proposal to try Saddam covert action or covert actions might ons are rebuilt, there would be another Hussein as an international war crimi- succeed in deposing Saddam Hussein. strike. Such a series of strikes, which nal was advanced on March 5, 1991, at That was the subject of an op-ed piece could be indefinite for all we know, are the conclusion of the Gulf War. On that in the New York Times yesterday by hardly the answer. day I introduced a Senate resolution former CIA Director John Deutch. The Saddam Hussein’s continuous flout- which articulated the applicable prin- Voice of America could be intensified ing of his specific agreements and U.S. ciples of international law, and then giving encouragement to his many en- mandates since 1991 requires removing concluded with this clause. emies in Iraq. An alternative govern- him from office as the only adequate Resolve . . . , that it is the sense of the ment could be established with those answer. Senate that the President should confer with dissident forces. And, a no-fly zone My second concern is that U.S. air Kuwait and other member nations of the co- could be established over all of Iraq. A alition of the United Nations to establish an and missile strikes, aided only by naval blockade could further tighten international criminal court or an inter- the noose and perhaps bring Saddam Great Britain, could materially hurt national military tribunal to try and punish our position as the world leader, or at Hussein to his knees. These and other all individuals involved in the planning or proposals could lead to his removal least as the leader of the free world. We execution of the above-referenced crimes in- are, after all, seeking to enforce the cluding Saddam Hussein. without targeting him. As a generalization, our national pol- U.N. position on Saddam Hussein’s Had we pursued that course of action icy is sound, not to kill a foreign leader weapons of mass destruction and that at that time we would very likely—al- for political purposes. But it is impor- Iraq must comply with those U.N. reso- most certainly, in fact—be in a dif- tant to note that that prohibition is lutions and yield to U.N. inspections. ferent position today. mandated only by a Presidential Exec- When we arrogate unto ourselves, Since my resolution was offered, and utive order. It does not have the force with only Great Britain’s concurrence, this is an ongoing effort which I have of law of congressional enactment. the decision to undertake air and mis- made, along with Congressman JIM Let me now pursue a series of ques- sile strikes, on this state of the record, LEACH in the House, and Senator tions relating to that policy. we are likely to be viewed by the world CHRISTOPHER DODD here in the Senate, First, should that policy be applied as arrogant, which is the root meaning a War Crimes Tribunal has been estab- to Saddam Hussein after he attempted of arrogating unto ourselves that ulti- lished by U.N. Security Council Resolu- to assassinate former President George mate decision. tion 808 on February 22, 1993, establish- Bush? In my foreign travels, I have found ing an international tribunal to try in- Second, should that policy be applied enormous respect and admiration for dividuals accused of international war to Saddam Hussein, considering his the United States around the world. crimes in the former Yugoslavia, and atrocious record of war crimes, or at People everywhere admire and really Resolution 955 adopted on November 8, least after he is convicted and sen- envy our freedom, our democratic val- 1994, to establish a similar war crimes tenced to death? ues, our standard of living, and our tribunal for Rwanda. By extending the Three, would targeting Saddam Hus- power. But, in a January trip to Eu- jurisdiction to Iraq, the War Crimes sein constitute a lesser use of force and rope, the Mideast and North Africa, I Tribunal could prosecute Saddam Hus- a more justifiable use of force than the heard virtually unanimous objections sein. President’s contemplated air and mis- to the proposed U.S. air and missile There is an abundance of evidence sile strikes? strikes on Iraq as an abuse of power which would warrant the conviction of Fourth, is it time to reexamine that and U.S. arrogance. The key part of Saddam Hussein and the imposition of policy as it applies to the likes of Sad- that arrogance involves projected Iraqi the death penalty. While the U.N. reso- dam Hussein? S850 CONGRESSIONAL RECORD — SENATE February 23, 1998 Fifth, is it sensible to tie our own produced the coalition which was formed for authorized to hold a meeting during hands for self-defense by such a Presi- the successful prosecution of the 1991 Gulf the session of the Senate on Monday, dential Executive order when Saddam War. Have you considered personal meetings February 23, 1998. The committee will Hussein amasses weapons of mass de- with the leaders of France, Russia, China, be having a hearing, 1:00 to 5:00 p.m., Germany, Egypt, etc? struction which threaten the United There has been unanimity in our Congres- on ‘‘Caring for America’s Children.’’ States and the whole world with hor- sional discussions to support the men and The PRESIDING OFFICER. Without rible consequences? women of our military forces. But that una- objection, it is so ordered. Sixth, if we are justified in preemp- nimity does not extend to giving the Presi- SUBCOMMITTEE ON SECURITIES tive air and missile strikes, which will dent a blank check when the Constitution Mr. GRAMS. Mr. President, I ask inevitably kill Iraqi civilians, why are calls for independent Congressional action to unanimous consent that the Sub- we not justified in preemptive actions decide whether to involve the United States committee on Securities of the Com- against Saddam Hussein who is a mass in war. There is yet time to pursue alternatives. mittee on Banking, Housing, and murderer and a certified international Diplomacy and other sanctions short of war Urban Affairs be authorized to meet war criminal? should be given every chance to work. during the session of the Senate on Mr. President, it is a rapidly chang- Sincerely, Monday, February 23, 1998, to conduct a ing world scene. It is time to consider ARLEN SPECTER. hearing on S. 1260, The Securities Liti- those questions. Mr. SPECTER. I thank the Chair. gation Uniform Standards Act of 1997. I have no doubt about two propo- f The PRESIDING OFFICER. Without sitions. First, a trial of Saddam Hus- objection, it is so ordered. sein as an international war criminal NOTICES OF HEARINGS f would be preeminently just. Second, COMMITTEE ON LABOR AND HUMAN RESOURCES solving the international threat posed ADDITIONAL STATEMENTS by Iraq’s weapons of mass destruction Mr. JEFFORDS. Mr. President, I would like to announce for information mandates removing Saddam Hussein as NATO EXPANSION Iraq’s leader. Perhaps Saddam Hussein of the Senate and the public that a could be replaced by the people of Iraq hearing of the Senate Committee on ∑ Mr. D’AMATO. Mr. President, I rise with additional U.N. sanctions, a Labor and Human Resources will be today to urge my colleagues to leave stronger Voice of America, and non- held on Tuesday, February 24, 1998, the door to NATO open. Others, whose lethal covert action. If not, then we 10:00 a.m., in SD–430 of the Senate wisdom I respect, have come before the may have to change our answers to Dirksen Building. The subject of the Senate to urge that we legislatively those six questions, just as Saddam hearing is Tobacco Settlement V. For adopt a policy that would close the Hussein has changed the world with his further information, please call the door to NATO membership to can- weapons of mass destruction. committee, 202/224–5375. didate countries, regardless of their Mr. President, I ask unanimous con- COMMITTEE ON LABOR AND HUMAN RESOURCES qualifications. While the reasons ad- sent that my letter to the President, Mr. JEFFORDS. Mr. President, I vanced in support of that view carry dated February 16, be printed in the would like to announce for information weight, I do not believe that they out- RECORD. of the Senate and the public that a weigh the reasons for leaving the door There being no objection, the letter hearing of the Senate Committee on open. was ordered to be printed in the Labor and Human Resources will be Last year, as Chairman of the Com- mission on Security and Cooperation in RECORD, as follows: held on Wednesday, February 25, 1998, Europe, I chaired a series of hearings U.S. SENATE, 9:30 a.m., in SD–430 of the Senate Dirk- at which ambassadors of candidate COMMITTEE ON VETERANS’ AFFAIRS sen Building. The subject of the hear- Washington, DC, February 16, 1998. ing is The Non-School Hours: Mobiliz- countries appeared and testified con- The PRESIDENT, ing School and Community Resources. cerning their respective countries’ rea- The White House, For further information, please call the sons and qualifications for joining Washington, DC. committee, 202/224–5375. NATO. At the end of that series of DEAR MR. PRESIDENT: I strongly urge you COMMITTEE ON VETERANS’ AFFAIRS hearings, we issued a report urging not to take military action against Iraq Mr. SPECTER. Mr. President, the that Poland, the Czech Republic, Hun- until Congress has an opportunity to con- gary, Romania, and Slovenia be in- sider a resolution to authorize the use of Committee on Veterans’ Affairs would force. like to request unanimous consent to cluded in the first round of NATO ex- Bomber and missile strikes constitute acts hold a hearing on the nomination of pansion. Since that time, ten months of war. Only Congress has the Constitutional Togo D. West, Jr., to be Secretary, De- ago, I believe that subsequent develop- prerogative to authorize war. The Congress partment of Veterans Affairs. ments have supported strongly the con- spoke loudly last week by not speaking at The hearing will take place on Tues- clusion that we drew in favor of NATO all. It is not too long to wait until next week day, February 24, 1998, at 9:30 a.m., in expansion. for Congress to consider and vote on this Now, the Senate is close to voting on issue. room 216 of the Hart Senate Office Building. the admission of Poland, Hungary, and Our national experience in Vietnam is a the Czech Republic. I intend to vote for relatively recent reminder that public and COMMITTEE ON LABOR AND HUMAN RESOURCES Congressional support are indispensable to expansion. These countries have each Mr. JEFFORDS. Mr. President, I proven that they share our democratic successful military involvement. I am glad would like to announce for information to note you plan to address the nation to- and free enterprise values, that they morrow night. I held five town meetings last of the Senate and the public that a want to be members of NATO, and that Monday and Friday, and can tell you that hearing of the Senate Committee on they are willing to join us in bearing my constituents are very uneasy about air Labor and Human Resources will be the burdens that Alliance membership and missile strikes. There are concerns held on Thursday, February 26, 1998, imposes. about inflicting casualties on innocent 9:30 a.m., in SD–430 of the Senate Dirk- Mr. President, I want to take par- Iraqis, about potential terrorist reprisals, sen Building. The subject of the hear- and the possibilities of expanding the con- ticular note that each of these coun- ing is Health Care Information Con- tries, contrary to the positions taken flict. fidentiality. For further information, There is general agreement that Saddam by some of our allies of longer stand- Hussein is an intolerable menace and cannot please call the committee, 202/224–5375. ing, have not hesitated to publicly be alloweded to threaten the world with f state their support for our effort to weapons of mass destruction. But are there persuade, and if necessary, compel Sad- near-term alternatives such as a blockade to AUTHORITY FOR COMMITTEES TO dam Hussein to comply with the tighten the noose on his oil exports? Or can MEET United Nations Security Council reso- our allies be persuaded to tighten economic COMMITTEE ON LABOR AND HUMAN RESOURCES sanctions if they will not join us on the use lutions adopted after Iraq’s unprovoked of force? Mr. GRAMS. Mr. President, I ask military aggression against Kuwait. I compliment Secretary Cohen and Sec- unanimous consent that the Commit- One of the tests of alliance is the polit- retary Albright, but their visits have not tee on Labor and Human Resources be ical will to take risks for the common February 23, 1998 CONGRESSIONAL RECORD — SENATE S851 good of the group. Poland, the Czech consideration for NATO membership ble candidate for NATO membership. Republic, and Hungary have met this have very strongly influenced their do- The people of these countries do not test. mestic politics. While all human rights deserve to have the door to NATO As I stated earlier, our recommenda- problems are not resolved, most of slammed shut on their fingers. tion ten months ago was that Slovenia them are. Also, disputes between eth- While some states with serious and Romania be included in the first nic majority and minority groups are human rights and democratization group of countries considered for NATO given prominence and progress is made problems do not look like possible membership. That did not happen. But toward solutions. Some of these prob- NATO members at any time in the near neither Slovenia nor Romania recoiled lems have existed for centuries and, in future, as states around them make from their rejection by NATO. In fact, my view, would have continued major efforts to put their domestic and both have persisted in policies readying unaddressed but for the necessity each international affairs in order to quality their countries and their militaries for country has seen to ‘‘put its house in for membership, this has an influence NATO membership, and have been vo- order’’ before applying for NATO mem- and an impact. If we do as we have cally enthusiastic about the prospect. bership. pledged, and allow candidate countries On July 8th, 1997, the ‘‘Madrid Dec- Moreover, international cross-border to join when they demonstrate that laration on Euro-Atlantic Security and disputes that in the past have triggered they meet the qualifications, those Cooperation’’ was issued by the Heads at least hostility if not military con- who choose not to make the effort will of State and Government of NATO. flict have been formally resolved, with be more and more isolated. This proc- Paragraph 8 of the Madrid Declaration the support of democratic majorities in ess will undermine and weaken anti- stated that, and I quote: the countries involved. This is not a democratic forces that have stirred We reaffirm that NATO remains open to trivial development in a part of the back to life in some former Warsaw new members under Article 10 of the North world where such disputes have given Pact states after the fall of Com- Atlantic Treaty. The Alliance will continue to welcome new members in a position to repeated rise to brutal conflicts that munism. further principles of the Treaty and contrib- are incomprehensible to most Ameri- I want to make one other point. ute to security in the Euro-Atlantic area. cans. When the Commission issued its report, The Alliance expects to extend further invi- For these reasons, it is vitally impor- I reminded the Senate that NATO is a tations in coming years to nations willing tant that the door to NATO member- military alliance. A look at the map and able to assume the responsibilities and ship not be closed, especially not by will refresh my colleagues’ understand- obligations of membership, and as NATO de- the United States. Proponents argue ing of the need to include Romania and termines that the inclusion of these nations that a ‘‘delay’’ is necessary as a period would serve the overall political and strate- Slovenia in the next round of expan- gic interests of the Alliance and that the in- of consolidation of the Alliance, and sion. After Poland, Hungary, and the clusion would enhance overall European se- for the Russians to accommodate Czech Republic are admitted, we will curity and stability. To give substance to themselves to the changed European have an Alliance with a member, Hun- this commitment, NATO will maintain an landscape. gary, which lacks a land corridor con- active relationship with those nations that I believe that ‘‘delay’’ in this case necting it with other Alliance mem- have expressed an interest in NATO member- could become denial, with very grave bers. This is a weakness of major im- ship as well as those who may wish to seek consequences to those nations shut out membership in the future. Those nations portance, one whose significance can by such a decision. Moreover, Russia is only be magnified if we artificially that have previously expressed an interest in one of the nations I have in mind when becoming NATO members but that were not ‘‘delay’’ accession of other qualified invited to begin accession talks today will I make this statement. Regardless of candidates. This point also focuses at- remain under consideration for future mem- rhetoric by Russian Communists like tention on Bulgaria’s desire to become, bership. The considerations set forth in our Zhirinovsky, and others of the so- when it is qualified, an Alliance mem- 1995 Study on NATO Enlargement will con- called ‘‘red-brown’’ extreme nationalist ber. tinue to apply with regard to future aspi- fringe, Russia itself has a very real in- The Washington Post’s Wednesday, rants, regardless of their geographic loca- terest in NATO expansion. And that in- tion. No European democratic country whose February 11, 1998 edition contains an terest is not in blocking, delaying, or editorial and a separate article that admission would fulfill the objectives of the limiting it. Treaty will be excluded from consideration. support my perspective on this issue. Furthermore, in order to enhance overall se- In fact, to the extent that NATO ex- The editorial entitled ‘‘Opening curity and stability in Europe, further steps pansion is delayed or limited, the radi- NATO’s Door,’’ states that, and I in the ongoing enlargement process of the cal forces in Russia’s political equation quote: Alliance should balance the security con- will be strengthened. For the United There is a moral heart to the case for en- cerns of all Allies. States to provide them with a victory largement, and it is to bind the democracies, Mr. President, those words sound like they could not have secured by any refreshing the old, strengthening the new. a promise to me. Perhaps more impor- other means would be a terrible mis- The first three candidates have dem- tantly, they recognized a central fact. take. Radical forces in Russia cannot onstrated they are committed to assuming That fact is that by setting an artifi- be appeased by throwing them a bone. alliance responsibilities. Their accession cial limit to NATO enlargement, we All it does is embolden them and add to would, as Secretary of State Albright put it are drawing a new dividing line across their power, allowing them to say to Monday, ‘make us all safer by expanding the Russian voters, ‘‘See what we can do, area of Europe where wars do not happen.’ Europe. Whether that line is geo- The resulting increments of stability would graphic or temporal does not matter. and we are not yet in charge of the benefit not only NATO members but the When such a line is drawn, in the government.’’ Our policy should be to Russians, who remain opposed to the devel- present environment it creates a gray do what is best for us, and that means opment but are unable to stop it. area. History teaches us that gray to give hope, support and security to The serious American objection to enlarge- areas are not solutions, they are prob- small states trying to become demo- ment comes from strategists who fear the lems waiting to happen. cratic capitalist members of the West- political and military dilution of an alliance Other candidate NATO members do ern community, and treat anti-demo- once focused laser-like on territorial defense not want to be consigned to gray areas. cratic forces with implacable opposi- against a single dangerous foe. These strate- gists would have the European Union do the They know that bad things happen to tion. main work of easing the path of the new de- small countries left alone in gray Mr. President, the citizens of Lithua- mocracies, leaving NATO to deal with a still- areas. We know that we do not want to nia, Latvia, and Estonia were given problematic Russia and its huge residual nu- create situations that invite anti- hope when we refused for the duration clear resource. But the would leave the now- democratic forces to grow and plan and of the Cold War to recognize their forc- free pieces of the old Soviet empire ma- act. ible and illegal incorporation into the rooned in strategic ambiguity. The new de- At the Commission, we pay very Soviet Union. Ukraine is now a NATO mocracies need better and deserve it. close attention to human rights con- ‘‘Partner for Peace.’’ The President of The article, entitled ‘‘NATO Can- cerns in Europe. Our experience with Bulgaria, Petar Stoyanov, was here re- didates Urge Senators to Back Expan- NATO enlargement has been that the cently, seeing President Clinton to sion,’’ by Edward Walsh, is also impor- requirements countries must meet for make the case that Bulgaria is a credi- tant. It quotes the foreign ministers of S852 CONGRESSIONAL RECORD — SENATE February 23, 1998 Poland, the Czech Republic, and Hun- vored three. This is the impulse behind sug- rium on further NATO expansion as a condi- gary as supporting the continued ex- gestions of a legislated ‘‘pause.’’ Such a ma- tion to the resolution of ratification for the pansion of NATO when other candidate neuver, tying the hands of executive-branch admission of Poland, Hungary and the Czech states are ready to join. Here is the de- foreign policymakers, is a truly bad idea. It Republic.∑ could generate nervousness verging on des- f scription of what they said, and I peration among the unfavored of Central Eu- quote: rope, and tempt others to throw their weight TRIBUTE TO STEVE DAHL Geremek said other Central and Eastern around. European countries that hope to join NATO The better way surely is, with Secretary ∑ Mr. DURBIN. Mr. President, I rise to were disappointed to be left out of the first Albright, to leave the NATO door open. pay special tribute to a legendary radio proposed expansion round but ‘‘they are Other democracies, as they meet the rigor- personality, Steve Dahl, who today is happy that the expansion will take place and ous political as well as military standards celebrating his twentieth anniversary feel it will increase their security.’’ for alliance membership, will then be able to of broadcasting in Chicago, Illinois. Enacting legislation requiring a three- to assert their claim to be brought into the At age sixteen, Steve launched his five-year wait before others could join charmed circle. Time will let the allies show career into radio broadcasting. At the NATO, as some have suggested, would send a that enlargement, far from simply moving a time, he was considered somewhat of a discouraging message to these countries, the military bloc menacingly closer to Russia’s officials argued. ‘‘The purpose of the enlarge- borders, calms the region as a whole. rebel on the airwaves, but over the ment is to diminish the dividing lines [in Eu- years, Chicagoans have come to love rope], not to create new lines of division be- [From the Washington Post, Feb. 11, 1998] his unique style and personality. tween the new members of NATO and those NATO CANDIDATES URGE SENATORS TO BACK With his afternoon talk-show, ‘‘The who stay outside,’’ Kovacs said. EXPANSION Steve Dahl Show,’’ on WCKG FM Chi- Mr. President, I ask that the full text (By Edward Walsh) cago, Steve continues to entertain and of both the editorial and the article Pressing for Senate ratification of an inform more than a half million listen- from which I have just quoted be in- agreement to admit their countries to ers everyday. As his loyal audience cluded in the RECORD at the conclusion NATO, senior officials from three Central tunes in daily to hear his commentary of my remarks. European countries said yesterday that en- on life in the Windy City, Steve’s popu- I urge my colleagues to support larging the military alliance would enhance larity continues to grow. NATO expansion. It is the right thing stability in that region. Steve Dahl has made a lasting con- to do for America, the right thing to do Foreign Ministers Laszlo Kovacs of Hun- tribution to the Chicago radio indus- gary and Bronislaw Geremek of Poland and for the Alliance, and the right thing to Deputy Foreign Minister Karel Kovanda of try. Today, I join his colleagues, listen- do for the people of Central and East- the Czech Republic visited key senators yes- ers, friends and family to commend ern Europe who struggled so long in a terday and Monday as part of the campaign Steve for his impressive tenure on the seemingly hopeless quest for freedom to win the two-thirds Senate vote necessary Chicago airwaves.∑ and independence. We supported them for ratification. President Clinton is sched- f then, and we must continue to support uled to send the expansion agreement, for- them now. mally known as Protocols of Accession, to A BUDGET THAT SLAMS THE The material follows: the Senate today. The Senate Foreign Rela- MIDDLE CLASS tions Committee has scheduled at least one [From the Washington Post, Feb. 11, 1998] more hearing on the agreement for Feb. 24 ∑ Mr. KYL. Mr. President, in his State OPENING NATO’S DOOR before a full Senate vote, probably this of the Union Address last month, Presi- As the Senate moves to the question of spring. dent Clinton urged Congress to approve ratifying NATO enlargement, the debate is At a breakfast meeting with Washington his request to pump billions of dollars in a curious place. It is generally accepted Post reporters and editors, the officials said into the International Monetary Fund that adding Poland, Hungary and the Czech Senate concerns about the agreement center (IMF) to help stabilize Asian econo- Republic to the 16-nation Atlantic Alliance on the cost of the expansion and its impact mies. He justified his request by saying will be approved by well over the necessary on U.S.-Russian relations. Russia last year two-thirds when the vote comes probably agreed to the expansion, which NATO offi- that ‘‘preparing for a far off storm that next spring. Yet several years of intense dis- cials have estimated will cost $1.5 billion may reach our shores is far wiser than cussion have not removed all serious doubts over 10 years, with the United States paying ignoring the thunder ’til the clouds are about the step. Even among supporters, mis- about 25 percent of that amount. Other esti- just overhead.’’ givings about adding further members later mates have set the figure significantly high- There is something to be said for try- are evident. er. ing to deal with problems before they There is a moral heart to the case for en- Pointing to numerous potential ‘‘trouble grow too large—before they engulf us. largement, and it is to bind the democracies, spots’’ in the region, Kovacs said NATO and We will have a debate about the propri- refreshing the old, strengthening the new. the United States ‘‘have two options—to The first three candidates have dem- stay idle and wait for the next crisis, then to ety of the IMF request in the weeks onstrated they are committed to assuming intervene and try to enforce peace, which is ahead. But I would suggest that it is alliance responsibilities. Their accession more expensive and certainly more risky, or not just the IMF that is attempting to would, as Secretary of State Albright put it to enlarge NATO, projecting stability. The deal with an approaching storm. Monday, ‘‘make us all safer by expanding the new members will further project stability.’’ Mr. President, millions of Americans area of Europe where wars do not happen.’’ Kovacs and Geremek said public opinion in are also looking ahead to be sure they The resulting increments of stability would their countries supported joining NATO. can cope with unforeseen threats to benefit not only NATO members but the Polls in the Czech Republic, Kovanda said, their own family’s future financial se- Russians, who remain opposed to the devel- show 55 percent to 60 percent support, but opment but are unable to stop it. also 15 percent to 20 percent who are ‘‘die- curity. Some people are trying to cre- The serious American objection to enlarge- hard opponents.’’ ate a nest egg for their retirement ment comes from strategists who fear the Geremek said other Central and Eastern years. Some take out a life-insurance political and military dilution of an alliance European countries that hope to join NATO policy or buy an annuity to ensure that once focused laser-like on territorial defense were disappointed to be left out of the first a spouse or child is taken care of when against a single dangerous foe. These strate- proposed expansion round but ‘‘they are they are gone. Others are looking for a gists would have the European Union do the happy that the expansion will take place and way to pay death taxes without creat- main work of easing the path of the new de- feel it will increase their security.’’ mocracies, leaving NATO to deal with a still- Enacting legislation requiring a three- to ing too much hardship for their fami- problematic Russia and its huge residual nu- five-year wait before others could join lies. Whatever the coming storm might clear resource. But that would leave the NATO, as some have suggested, would send a be, they are trying to find a way to now-free pieces of the old Soviet empire ma- discouraging message to these countries, the prepare. And most of us would consider rooned in strategic ambiguity. The new de- officials argued. ‘‘The purpose of the enlarge- that to be good planning—something mocracies need better and deserve it. The EU ment is to diminish the dividing lines [in Eu- the federal government would want to should move more quickly but cannot fairly rope], not to create new lines of division be- encourage. be asked to satisfy the full range of their tween the new members of NATO and those Unfortunately, while the Clinton ad- wish to be of the West. Their insecurity who stay outside,’’ Kovacs said. could rub events raw and unsettle the region. Sen. John W. Warner (R-Va.), a senior ministration eagerly argues the bene- The different currents of resistance to en- member of the Armed Services Committee, fits of pouring billions of dollars into largement meet in common opposition to said in a statement to the Senate yesterday the IMF to help other countries, it can- taking in any more than Central Europe’s fa- he intends to propose a three-year morato- not seem to see a benefit in helping our February 23, 1998 CONGRESSIONAL RECORD — SENATE S853 own citizens to ward off their own per- The Clinton budget would overturn These pillars of character are so impor- sonal storm clouds. I am referring to so-called Crummey powers, making it tant and so basic that I do not think the provisions in the President’s pro- harder for moderate income families to anyone could question them. They are: posed budget that would impose signifi- even pay death taxes. That alone sets trustworthiness, respect, responsibil- cant tax increases on people who try to up a major confrontation with many of ity, fairness, caring, and citizenship. save and invest for the future, includ- us in Congress who believe that death I have two young children, so I know ing people who take out life insurance taxes ought to be eliminated alto- firsthand how difficult it is for kids to or buy annuities to protect themselves gether. make the right choices when they are and their families. These substantive problems with the constantly being bombarded by mes- President Clinton’s budget calls the Clinton plan come on top of what many sages from our popular culture about existing tax treatment of life insurance of us consider a reneging by the Presi- how cool it is to drink alcohol, or and annuities ‘‘unwarranted.’’ But the dent on last year’s budget agreement. smoke, or use vulgar language. By the Washington Post has identified the Only seven months after entering into time they finish elementary school, President’s proposed changes as an ef- that agreement, which provided for most kids have seen 8,000 murders on fort to ‘‘slam [the] middle class.’’ very modest tax relief—relief amount- television. Let us put this issue in context. Per- ing to $95.3 billion over five years—the To counteract these messages, it is sonal savings rates in our country have President is proposing a net tax in- more important than ever that we in- been on the decline since 1981, when crease of $98.1 billion. In other words, still in our young people the integrity they stood at 9.4 percent. Some say the entire amount of tax relief ap- and good character to stand up for that was respectable by international proved just seven months ago would be what is right. Children are not born standards. By 1992, the savings rate had reclaimed in one fell swoop. with good character. They learn by ex- declined to 6.2 percent, and it has Not only does that back track on the ample, and if they have good role mod- plunged during the Clinton years. As of promise to provide tax relief, but it els all around them, I am confident last November, the personal savings comes at the same time that the Presi- they will make the correct choices for rate stood at 3.8 percent—the lowest dent is proposing to bust the spending themselves. Perhaps Teddy Roosevelt since the Great Depression. In other limits that were established in last said it best: ‘‘To educate a person in words, people are not setting much year’s agreement. Spending levels mind and not morals is to educate a aside for their future needs, including would exceed the agreed-upon limits by menace to society.’’ retirement. We often tell our kids to do what is Add to that the problems we all know more than $37 billion. Mr. President, the federal govern- right, but unfortunately, kids witness are coming in the Social Security sys- ment is collecting record amounts of adult actions that do not reinforce that tem. The experts are telling us that So- tax revenue, primarily as a result of ro- message. For example, I have spoken cial Security recipients currently re- bust economic growth. We do not need on this floor several times about the ceive, on average, benefits equal to 43 another tax increase, let alone a tax in- case of Juan C., a 15-year-old New York percent of their pre-retirement earn- high school student who brought a gun crease that singles out the very tools ings. But then they point out that only to school in 1992. people need to protect themselves 70 percent of that amount is fully fund- The facts of this case stand common ed for future retirees, which means against threats to their personal secu- sense on its head and send a terrible that unless taxes are raised substan- rity. We must reject the unwarranted message to students. In 1992, Juan C. tially or additional funding is found, tax increases proposed in this budget, was stopped by a school security guard retirees in the future will only get a and instead consider tax policies that who saw a bulge resembling the handle benefit that amounts to less than 30 will make it easier for people to save of a gun inside Juan’s leather jacket. percent of their pre-retirement income. and invest. Families need tax relief, The guard grabbed for the bulge, which In other words, retirees in the future not new burdens.∑ was indeed a loaded .45 semiautomatic are likely to experience a significant f handgun. decline in their standard of living un- NATIONAL CHARACTER COUNTS Juan was charged with criminal less they find some way to supplement WEEK RESOLUTION weapon possession violations. He was their Social Security benefits. That also expelled from school for one year, means saving and investing more, con- ∑ Mr. DORGAN. Mr. President, I am as is consistent with the ‘‘zero toler- pleased to again join Senator DOMENICI tributing to an IRA, buying an annu- ance’’ law written by Senator FEIN- as an original cosponsor of S. Res. 186, ity, or taking out a good life insurance STEIN and me to prevent guns in our policy. We ought to make it as easy as a resolution designating the week of schools. possible for people to do that. October 18–24, 1998, as ‘‘National Char- The family court that heard Juan’s However, the Clinton budget means acter Counts Week.’’ As he does every criminal case ruled that the security to take us in the opposite direction. year, Senator DOMENICI again intro- guard did not have reasonable sus- For example, it would impose new duced this resolution on behalf of the picion to search this student. As a re- taxes on individuals who substitute one bipartisan membership of the Senate sult, the court refused to admit the insurance policy for another policy Character Counts Group, and I want to gun as evidence of Juan’s court. The that better meets their needs. We are thank him for his continuing leader- New York appellate court then took talking here about new taxes, pri- ship on this important effort. this decision to ridiculous lengths by marily on households with incomes For those of you who are not familiar applying the same reasoning to the in- under $75,000. Many people in this with Character Counts, the national ternal school disciplinary action group work for employers who do not Character Counts Coalition is an alli- against the student to expel him for a offer, or who have terminated, a retire- ance of hundreds of groups, commu- year. ment plan. So unless they find some nities, and individuals who share a con- This was a ludicrous decision from a other way to protect themselves, they cern about the moral compass of our court. It sent a message to students could be out in the cold when they re- country. I know a lot of us here in the that there will be no consequences for tire. Senate share this concern about the bringing a loaded gun to school, even The proposed budget would make it wrong direction that many of our though that is clearly against school harder for businesses to protect them- young people seem to be headed. rules and the law. In some cases, like selves with business life insurance. It Character Counts was born out of a this one, it tells school officials that seems to me entirely reasonable that a meeting of some of our country’s best they ought to look the other way when business would want—and need—insur- thinkers and doers about five years they know a student is carrying a load- ance to minimize the costs that would ago. Character Counts is an effort that ed weapon. result from the death of a key em- says to all of us, parents, educators, With these kinds of messages, it is no ployee. That is particularly true of church and youth leaders, community wonder that our children are confused small businesses, whose size means and business leaders, let us constantly about what is right and wrong. Fortu- that so much of its success depends by action and example reinforce six nately, this case was ultimately over- upon a few individuals. basic values, or pillars of character. turned, and I have also taken the step S854 CONGRESSIONAL RECORD — SENATE February 23, 1998 of introducing the Safer Schools Act, I could spend an evening recounting My heart goes out to his wife Clare of along with Senators FEINSTEIN, Stan’s business successes. I could spend 55 years, his six children, and 10 grand- CLELAND, COVERDELL, JOHNSON, and even greater time speaking of Stan’s children. LANDRIEU, to send a clear message to dedication to community service, his Stnaley O. McNaughton will be very school officials, parents, and students exceptional character, integrity and much missed.∑ that guns seized from students on the countless personal accolades. Yet f school premises can and will be used as the two worlds are intertwined. The DAN & WHIT’S evidence in a school disciplinary hear- man who was once named Seattle-King ing. I hope the Congress will act on my County First Citizen and Seattle Uni- ∑ Mr. LEAHY. Mr. President, if there bill soon so that the confusing mes- versity alumnus of the year relied on is one thing that anyone who visits sages the courts have been sending on the same values to achieve personal Norwich, Vermont does not forget, it is this issue are cleared up. and professional success and improve Dan & Whit’s General Store. Dan & We all have a role in ensuring that the lives of others. Whit’s is a Vermont legend, as are its our children are given the ethical tools As Stan used to say, ‘‘Our security namesakes, Dan Fraser and Whit they need to make difficult choices in lies in our values. And from values flow Hicks, who bought the store back in today’s world. Quite simply, that is principles.’’ 1955. Since then it has become the what the Character Counts effort is all Stan placed profound importance on unrivaled nerve center of business, so- about. family, philanthropy, and leadership. cializing, and political debate for Nor- Before closing, I want to take a few Stan donated money to causes in- wich and the surrounding area. Whit minutes to highlight the Character volving children and education, and died a while back, Dan has since re- Counts efforts that have been occur- often said: ‘‘A corporation is the great- tired and his wife Eliza, known to all ring in North Dakota. Less than two est vehicle ever created to do good. as Bunny, who did the bookkeeping, years ago, Character Counts in North Corporations have a responsibility to died not long ago. But the store has not Dakota was borne out of a meeting I raise the quality of life in the commu- lost any of the Vermont character they hosted to bring together parents, edu- nities where they do business.’’ gave to it. Fortunately it has stayed in cators, young people, and other con- I know I can speak for all of us by the family. Today it is managed by cerned citizens to introduce them to saying: Stan McNaughton succeeded in Dan’s sons George and Jack Fraser, what the Character Counts program is leaving his community a better place. with the help of George’s wife Susan, all about. In the last year, under the Tomorrow in Olympia, the extraor- Jack’s daughter Cheri, George’s sons vigorous and capable leadership of 4–H dinary life of Stan McNaughton will be Dan and Matt, and a throng of loyal youth leader Geri Bosch, Character honored with a Medal of Merit, one of employees, young and old. Counts has blossomed. More than 800 the highest awards that the State of When you first enter Dan & Whit’s people in North Dakota have partici- Washington can bestow upon a citizen. you think it is just another grocery pated in Character Counts training so to quote from the resolution: ‘‘Stanley store. Of course there is a lot more that they could take this program, or a O. McNaughton exemplified the best Vermont maple syrup and cheddar variation of it, back to their commu- characteristics of an employer and cheese. But then you notice winter nities. Several communities in North community leader by his constant con- boots and snowshoes hanging from the Dakota are considering adopting a cern and activities for those employed ceiling, and boxes of nuts and bolts and comprehensive Character Counts pro- by him and others in the community.’’ nails and screws and every type of gram. Service clubs are adopting Char- Stan had the amazing ability to see hardware. There are pots and pans, out- acter Counts among their projects, and the potential in everyone, inspiring his door clothing, pens and stationery, Character Counts was even used as the employees, friends and family to be the guns and ‘‘No Hunting’’ signs. Keep platform for one of our state’s Miss best they could possibly be. There are walking and you pass piles of the ‘‘New North Dakota candidates last year. countless ‘‘Stan stories’’: the woman York Times’’ and the paint mixing ma- Most importantly, the lives of thou- who remembered the time Stan sent chine, and then you realize you have sands of young people in North Dakota her child a birthday card; the man who barely scratched the surface. Through have been influenced for the better di- lost his wallet and Stan offered to re- a door and around a corner there are rectly and indirectly. imburse the money; the donations to aisles that stretch almost as far as you I have been proud to play some small charities, particularly those that bene- can see, stacked high with snow shov- role in supporting Character Counts in fitted people disadvantaged through no els, horse feed, half a dozen sizes of North Dakota and our nation. It is fault of their own; and his special ef- stove pipe, sheep fence, sewing pipe, through these kinds of efforts that we forts to know every name of the more sleds, saws and axes, rakes and wheel- can build a better future for our kids, than 1,000 PEMCO employees. barrows, mail boxes, window glass, and I pledge my continued help and Of course, there is the definitive there’s no end to it. You can even bring support for teaching the pillars of good ‘‘Stan story’’ of the great lengths he in your fire extinguishers for recharg- character.∑ went to for one of his employees, Mark ing, Jack being the Captain of the Nor- f Roberts who had broken his neck and wich Fire Department. Thus the Dan & become paralyzed from the neck down. Whit’s motto, ‘‘if we don’t have it, you THE LIFE OF STANLEY O. Stan could have sent a card or even a don’t need it.’’ Vermont author Noel McNAUGHTON bouquet of flowers, but in true Stan Perrin once wrote, ‘‘There may be a ∑ Mr. GORTON. ‘‘People need a vision McNaughton fashion, Stan went the better general store in the United greater than themselves. Without a vi- extra mile. He assured Mark he would States. But I haven’t heard of it.’’ sion, there is no goal. This vision has still have a career at PEMCO and went Mr. President, Dan & Whit’s General to be larger than yourself. It has to about changing the dynamics of Mark’s Store is the unbelievable number and dignify you. Then, goals become the job. By computerizing much of the variety of things you can buy there, navigational stars to guide you in the workload, Stan made it possible for but it is also the extraordinary people vision.’’—Stanley O. McNaughton. Mark to succeed and recover from what who work there. In addition to the Fra- These are the words Stanley O. would have ordinarily been a career ser family members, it is people like McNaughton lived by until his sudden ending accident. Stan even went so far Larry Smith, Linda Conrad, Al death on January 19th. as to buy Mark a specialized van, for Langlois, Ron Swift, and Perry Wag- Stan McNaughton was a man who his professional and personal use. ner, who have been there for years and rose from modest beginnings in a small Stan McNaughton touched the lives help make the store the one-of-a-kind British Columbia town, who would of so many different people. His per- place that it is. Dan & Whit’s is people later become the CEO of PEMCO Fi- sonal philosophy of seeing life as a bat- like Bill Fitzgerald, who finally retired nancial Services and who would leave ting average: ‘‘You must give people after more than 30 years. Always in behind one of the greatest legacies of enough chances at bat’’ represents the good spirits, always helpful, always goodwill Washington state will ever spirit of this great leader and sets an finding what you need. And the one see. example for all of us to follow. time in a million that they don’t find February 23, 1998 CONGRESSIONAL RECORD — SENATE S855 it, they will convince you that you did Whit’s and be sure to go to the back. It’s I am particularly pleased to see that not need it in the first place. awesome.’’—Brian Gardner, Realtor at The the criteria for these awards included Recently, ‘‘The Norwich Times’’ Gardner Agency, Main Street, Norwich consideration of the students’ aca- printed an article about Dan & Whit’s In the 22,600 square feet of space, 13,000 of that is devoted to selling. The basement is as demic performance, community in- that says it better than I can. I ask large as the main store where vast amounts volvement and leadership qualities. that the article be printed in the of goods are stored as is the huge supply of I am thrilled that these awards ac- RECORD. wood for the store’s main source of heat—a knowledge the contributions made by The article follows: large wood furnace. In former times, the coaches, journalists and local busi- IF WE DON’T HAVE IT, YOU DON’T NEED IT store was heated by coal and then by oil. nesses as well. Each plays a critical What has 22,600 square feet of space (but Now the Frasers use 16 to 20 cords of wood a role in promoting school athletics. you’d never know it), and is filled with great year, most of it obtained by various arrange- Coaches provide students with stuff like aerators, Sorels, and the Sunday ments Matt Fraser makes with loggers and wood lot owners. A back-up supply of split mentorship while journalists supply Times? the public recognition and businesses The legendary Dan & Whit’s has stretched firewood is kept in the yard of Dan Fraser off out along Main Street ever since the Merrill Turnpike Road. In times of extreme cold, an contribute financially. Without the as- family opened their grain store in this loca- old railroad stove in the basement is fired sistance of each, Vermont’s student tion in 1891. At that time, the wandering up. athletes would not have the oppor- building with the now-creaky wooden floors THE CUSTOMER IS EVERYTHING tunity to excel that they enjoy today. also housed Norwich’s post office, town hall, ‘‘We have a very serious responsibility to In addition to the awards ceremony, and several small shops. Today, under the our customers, and if we can’t serve them the Professional Programs Division of diligent management of owners George and and the community, we are in trouble.’’— Continuing Education hosted a tele- Jack Fraser, this nerve center of Norwich is George Fraser conference for a number of recognized open seven days a week from seven o’clock in The very lifeblood of Dan & Whit’s is the experts to discuss Title IX funding. the morning until nine o’clock at night, customer. ‘‘Helping our customers is most three hundred and sixty four days a year. important for our business—more than any Through our efforts in this field, sig- nificant progress has been achieved in ALL IN THE FAMILY kind of media advertising,’’ said George. ‘‘We providing women athletes with im- In 1955, Dan Fraser and his partner Whit train and orient our employees to be nice to Hicks bought it from Leon Merrill for whom them,’’ adds Jack. proved opportunities and better rec- they had worked since 1933. Dan and Whit With so many products, helping the cus- ognition, as is evident in this year’s plunged right in, expanding their merchan- tomer adjust to new products and changing Olympic games. dise to include newspapers, guns, beer, and technology is a good example of the Dan & Once again, I would like to congratu- Whit’s customer-friendly philosophy. Jack wine. As the line of merchandise and inven- late this year’s recipients and wish tory continually expanded, family members tells about the lady who came in to complain that the batteries she bought from Dan & them luck in their future endeavors. helped out. First it was Dan Fraser and his Those recognized include: wife Bunny running it with Whit and Grace Whit’s weren’t working. She overlooked the Hicks. Also at that time, grandfather John fact that she had to buy a charger for the HIGH SCHOOL STUDENTS pitched in and cemented the basement of the batteries. ‘‘Customers do get confused,’’ he Katy Perinea—Middlebury store and stocked shelves, while the younger said. Courtney Swanda—Bennington generation filled in after school. In 1973 when NO CASH REQUIRED Margery Bolton—Bennington Dan bought out Whit and became sole propri- ‘‘You know you have gone through an im- Anne Dean—Burlington etor, he was joined by his sons, George and portant rite of passage when you get to sign Elizabeth Smith—Burlington Jack. Today, there are eight Frasers work- your name at Dan & Whit’s—which seems to Laura Jagielski—Grand Isle ing at the store in various capacities. happen in the 3rd or 4th grade.’’—Norwich Erin Mascolino—Jeffersonville GOOD PEOPLE attorney, Garfield Miller Sara Stanley—Westfield Local, down-home trust has been a hall- Heather Moylan—Newport ‘‘What has kept me in the business is that mark of Dan & Whit’s for years. How many Elizabeth Smith—Saint Albans I like the people. I would have retired before, places do you know (and it’s practically the Krista Calano—Saint Albans but I know it’s hard to find good people.’’— year 2000) that still offer customer charge ac- Amber Atherton—Williamstown Bill Fitzgerald, Dan & Whit’s employee off counts. About 30% of Dan & Whit’s cus- Elizabeth Burt—Hyderville and on since 1934. Sarah Bourne—Pittsford When two brothers work 60 and 70 hours tomers have charge privileges which used to Alyse Averill—Barre each per week, one wonders how they can involve prepayments or deposits of up to Hilary Goddrich—Northfield keep the peace. Jack and George say their $300, but that minor inconvenience has since Erin Hazen—Richford partnership works very well. ‘‘We seldom been dropped. ‘‘Personal trust helped the store develop fight,’’ says Jack despite their grueling work COLLEGE STUDENT customer loyalty,’’ said George. ‘‘. . . and it schedules and the constant decisions that Aimee Becker—Southern Vermont College was also very convenient. If a customer for- have to be made. COACH If you’re looking for the people person, got their checkbook or wallet, the store you’ll find George up front managing staff, would carry them until the next time they Missy Foote—Middlebury scheduling, hiring and training people and came in.’’∑ JOURNALIST overseeing the Produce Department. Jack, f Andy Gardiner—Burlington Free Press on the other hand, is a product man. From TRIBUTE TO WOMEN’S SPORTS BUSINESS his bench desk in the back of the store, he manages the Hardware and Housewares De- ∑ Mr. JEFFORDS. Mr. President, I rise Howard Bank.∑ partments. today to pay tribute to the students, f No doubt the brothers are handy and re- journalist, coach and business that sourceful people. However, working as many have been recently recognized for their SALUTE TO FUTURE BUSINESS hours as they do, they gladly entrust some of achievements in women’s sports by the LEADERS OF AMERICA—PHI the major responsibilities to guys like Larry BETA LAMBDA WEEK Smith, one of their longest term employees, University of Vermont Women’s Center who runs the grocery department, and Al in collaboration with the YWCA of Ver- ∑ Mr. BREAUX. Mr. President, I rise Langlois and Ron Swift who have the re- mont as well as the Women’s Sports today to commend the Future Business sourcefulness of a handy-man. Supervisor Foundation. The recipients were se- Leaders of America—Phi Beta Lambda Linda Conrad oversees the check-out lected from a long list of nominations (FBLA–PBL) for fifty-six years of serv- counters and trains many of the new hires. based upon their contributions and ice to America’s students, teachers, Then there’s 82-year-old Bill Fitzgerald, with support for women’s athletics. businesses, and communities. During a white apron over his work attire, who Sports play an integral role in the the week of February 8–14, educators, cruises the aisles helping customers. Bill development of our children and help students, and business professionals says that he first worked at the store in 1934, then after a number of years in the old drug to bring communities together. By par- across the country recognized National stores in Hanover, came back in 1964. He’s ticipating in sports, student athletes FBLA–PBL Week. I think this is a been at Dan & Whit’s ever since. are exposed to a variety of situations wonderful time for us to look back on THE STORE that help to develop the skills they will the accomplishments of this organiza- ‘‘I use Dan & Whit’s as part of my tour need to succeed. As such, community tion, whose legacy leaves a strong when showing property in Norwich. I always support for these programs is of the ut- foundation for education and the fu- tell my customers to look around Dan & most importance. ture of American enterprise. S856 CONGRESSIONAL RECORD — SENATE February 23, 1998 On February 3, 1942, Dr. Hamden L. opportunity to tell you about a heroic cancer. ‘‘Hot Spots’’—where the Iodine- Forkner spearheaded the effort to cre- young Idahoan, John Benscheidt, who 131 fallout was the greatest—were iden- ate the first FBLA chapter in Johnson courageously saved the life of eight tified as receiving 5–16 rads of Iodine- City, Tennessee. Dr. Forkner envi- year-old Douglas Schedler. This re- 131 sioned a national organization that markable youth responded to an emer- To put that in perspective, Federal would train high school students in the gency situation with the speed of a standards for nuclear power plants re- real-life aspects of the professional trained professional. quire that protective action be taken business world, and also develop their John Benscheidt was the only person for 15 rads. To further understand the leadership, self-confidence, and patriot- to witness the heavy snow pile cascade enormity of the potential exposure, ism. The FBLA concept quickly ex- off a condominium roof at Schweitzer consider this—116 million curies of Io- panded, and membership grew many Mountain and quickly bury a small dine-131 were released by the above times over. child standing nearby. Without hesitat- ground nuclear weapons testing in the In 1958, the benefits of FBLA were ex- ing, John began digging with his snow United States compared with 7.3 mil- tended to postsecondary students with board, trying to reach little Douglas lion from the Chernobyl nuclear power the creation of Phi Beta Lambda. This trapped under five feet of snow. John’s plant disaster in the former Soviet professional business organization calls for help caught the attention of Union. Exposing our citizens to these seeks to ease the transition from others in the area, who assisted in risks is unacceptable. school to work for thousands of stu- John’s efforts to save the boy. After The ‘‘Hot Spots’’ included many dents by providing training in business frantic minutes of searching, the child areas far away from Nevada, including leadership skills and connecting stu- was retrieved and taken to Bonner New York, Massachusetts and Iowa. dents with current industry leaders. General Hospital, where he was treated Due to the character of Iodine-131, Over the years, FBLA–PBL has and released without serious injuries. those exposed to the highest concentra- grown to encompass two additional di- We are all grateful that John had the tions were those who drank large visions: a Professional Division, found- presence of mind to act quickly in a amounts of milk from cows that grazed ed in 1989, for their partners, support- life-threatening situation. The inher- in fields with radiation fallout. Be- ers and alumni; and the Middle Level, ent characteristics John demonstrated cause their thyroids are smaller and founded just a few years ago, which during this incident reflect a strong still growing, children were most vul- nerable. connects middle school and junior high upbringing and profound awareness of Mr. Anderson grew up in Iowa in students with basic leadership and human value. Let him serve as a re- Woodbury County , an area noted as a business principles. minder to all of us that we have excep- hot spot by the National Cancer Insti- The mission of the FBLA–PBL is to tional youth in this country who con- tute (NCI). He also suffered from Thy- bring business and education together tribute greatly to our communities and roid cancer. It is understandable that in a positive working relationship to our lives. It gives me great pleasure his family now wonders whether his through innovative leadership and ca- to honor such a fine young man.∑ cancer could have been detected and reer development programs. They ac- f treated more effectively if the NCI in- complish this through a variety of na- RADIATION EXPOSURE formation was known earlier. tional programs, including seven na- This hits very close to home for me. Mr. HARKIN. Mr. President, today I tional leadership conferences, over sev- ∑ During the 1950’s, like Bob Anderson, I enty competitive events, strategic want to recognize those Americans who was living in a rural Iowa county business partnerships, career expos, were exposed to radiation fallout from which has now been identified as a and community service. government testing of nuclear weapons ‘‘Hot Spot’’ by the long delayed Na- Mr. President, in the past fifty-six in the 1950’s, the effects of which are tional Cancer Institute study. Along years, FBLA–PBL has trained literally still being studied. with many Iowans, I drank milk from millions of today’s leaders in American I was recently contacted by Karen cows kept on the farm. This increased business. For fifty years now, Louisi- Anderson and her two children, Leah the risk faced by myself and my family ana has benefited from the FBLA–PBL and Seth, who are constituents of mine because of the accumulation of radio- and today, there are approximately from Urbandale, Iowa. Included in their active iodine in milk. 7,000 members in my home state. I am correspondence was a moving and When it comes to the government proud to say that the National Phi touching tribute to Bob Anderson, and nuclear testing, history shows the Beta Lambda President is from Louisi- their husband and father, who, after a problem hasn’t just been a fallout of ana. This is truly an organization that lengthy and courageous battle, suc- radiation, but withholding of facts has made a positive impact on my cumbed to cancer on September 7, 1996. which may be detrimental to the public home state as well as on our country, As someone who grew up in Iowa and health. Information has come to light proving that our youth are ready, will- lost two sisters and a brother to can- that government officials were aware ing, and able to take the reins of lead- cer, I understand and empathize with that fallout from nuclear testing would ership and help guide us toward a their situation. contaminate areas that were hundreds, brighter tomorrow. With over 240,000 The letters, photos and other per- even thousands, of miles away. Addi- members annually, FBLA–PBL is a sonal materials that made up a bound tionally, it is outrageous that the gov- shining example of what makes Amer- volume memorializing the life and ernment provided maps and forecasts ica great, and I am pleased to have this struggle of Mr Anderson displayed the of potential radioactive contamination opportunity to recognize them for their obvious affection and love he felt for to the Kodak film corporation during efforts. I would like to take this oppor- everyone and that he received in re- the 1950’s and not to the American pub- tunity for all of us to recognize and re- turn. In fact, dozens of friends and rel- lic. As I’ve said before, if we could pro- member that FBLA–PBL has done a atives signed the notebook in tribute tect a roll of film, we should have pro- tremendous service for this country.∑ to Bob Anderson. It is always a tragedy tected the parents and children. f when someone is taken from us when On October 1, 1997, the Senate Labor, they have so much left to offer. There Health and Human Services Appropria- HONORING THE HEROIC EFFORTS is no doubt he will be greatly missed by tions Subcommittee held hearings OF JOHN BENSCHEIDT all. where I raised questions about Iodine- ∑ Mr. CRAIG. Mr. President, all too The anguish of the Anderson family 131 fallout and its impact on our na- often, we hear frightening stories was compounded by the circumstances tion’s citizens. I am working with NCI about today’s young people. I think it’s surrounding the cause of Mr Ander- and other federal health agencies to en- important to remember that not all of son’s cancer. Atomic bomb tests in Ne- sure that useful and timely guidelines them deserve that bad reputation. In vada during the 1950’s exposed millions on the health impacts of radioactive fact, many—if not most—of our young of Americans—particulary children—to fallout from nuclear weapons testing people step up to the responsibility of large amounts of radioactive Iodine- gets to physicians and concerned sci- caring for their communities and fel- 131, which accumulates in the thyroid entists. Although NCI has started this low citizens. I would like to take this gland and has been linked to thyroid process, a lot more needs to be done. February 23, 1998 CONGRESSIONAL RECORD — SENATE S857 There is strong evidence that expo- taken a more serious approach to the ‘‘fat In Loving Memory of Bob Anderson, sure to other radioactive isotopes, such deposit’’ in my neck. The also wonder if this KAREN ANDERSON, Widow. as strontium 90, cesium 137, and bar- information had been made available to the LEAH ANDERSON, Daugher. ium 140, which were also spread by nu- public earlier, if I would have been so trust- SETH ANDERSON, Sen.∑ ing of my doctors’ opinions. Many wrong f clear testing, could lead to bone can- choices and assumptions were made in re- cer, leukemia, higher infant mortality, gard to my thyroid cancer. Knowledge is TELECOMMUNICATIONS ACT OF and a host of other illnesses. This power and without the knowledge of the ex- 1996 needs to be examined. So do the nu- posure I had as a youth to the radioactive ∑ Mr. THOMAS. Mr. President, Sun- clear weapons tests that took place in fallout, I was rendered powerless. day, February 8 marked the second an- other parts of the United States and In 1996 I was diagnosed with multiple niversary of the signing of the land- myeloma, a very deadly cancer. I went to the around the world. I am hopeful that my mark Telecommunications Act of 1996. colleagues will support legislation I University of Iowa Hospital and found out that I had had the multiple myeloma at the As we take this opportunity to reflect have introduced, S.1524, which contin- same time that I had the thyroid cancer. In on the state of telecommunications re- ues the study of the health impacts of order to survive, I would have to undergo a form, I rise to share my concerns with nuclear fallout. I feel this is important bone marrow transplant. Because I was the implementation of a critical provi- legislation that needs to become law adopted, I could not find a related bone mar- sion of the historical law—the provi- this year. row donor. An unrelated donor was located, sion dealing with universal telephone I am grateful to the Anderson family and in July of 1996 I received my bone mar- service. for sharing their highly personal and row transplant. On September 7, 1996, in The Telecommunications Act of 1996 powerful story of the struggle with spite of the love and prayers of family and ordered the overhaul of the estimated Bob’s illness and the lack of forthcom- friends, I died from rejection of the trans- plant. $23 billion in subsidies currently used ing information on the potential expo- After my death, my wife, Karen, saw Dr. to fund universal telephone service. sure to radiation fallout in the 1950’s. A Andrea McGuire (nuclear medicine physi- Congress intended all implicit sub- story like the Anderson’s underscores cian) interviewed on TV13. When Dr. sidies to universal service to be re- the need for accurate and timely dis- McGuire told about her three in-laws from moved from rates and transferred to a semination of information to protect Woodbury County who had all developed thy- new explicit Universal Service Fund to the public health. roid cancer, my wife decided to call her to be supported equally by all carriers. Mr. President, I ask to include a let- share my story. One of Dr. McGuire’s rel- In the face of declining telephone ter from the Anderson family in the atives was born the same year that I had rate support, through federally man- been born (1952) and also developed cancer at RECORD. dated access charge reduction and new The letter follows: age 40 like me. My wife read to Dr. McGuire competitors targeting the most profit- a portion from a National Cancer Institute Urbandale, IA, January 20, 1997. publication entitled, ‘‘What You Need to able markets and services, a sustain- Hon. TOM HARKIN, Know About Multiple Myeloma.’’ In that able universal service support mecha- U.S. Senator, Federal Building, Des Moines, IA. publication, under the subheading, ‘‘Possible nism is ever more important. I view DEAR SENATOR HARKIN: My name is Bob with great concern the Federal Com- Anderson. My family has been reading with Causes,’’ it states, Some research suggests great interest the newspaper articles that that certain risk factors increase a person’s munication Commission’s (FCC) cur- have appeared in the Des Moines Register re- chance of getting multiple myeloma. * * * In rent formula for universal service sup- garding the radioactive fallout that resulted addition, people exposed to large amounts of port: twenty-five percent of funding from the more than 90 atomic bombs deto- radiation (such as survivors of the atomic from federal sources and seventy-five nated above and below ground between 1951 bomb explosions in Japan) have an increased percent from each state. and 1970. I was born in Woodbury County on risk for this disease. Scientists have some Many states, like Wyoming, clearly October 3, 1952 and lived there until I left to concern that small amounts of radiation are not in a position to bear seventy- attend college in 1970. As you are aware, (such as those radiologists and workers in nuclear plants are exposed to) also may in- five percent of the universal service Woodbury County received moderate levels burden alone. Universal service is a of radioactive fallout (6.1 rads) from the crease the risk.’’ Dr. McGuire not only agreed my multiple myeloma was caused by shared state-federal responsibility. The above-ground atomic bomb tests between best approach to fulfill Congress’ in- 1951 and 1962, and was one of four counties to the radioactive fallout but even told my wife be repeated in the list of Iowa counties re- that the radionuclide strontium 89 would tent and ensure affordable phone serv- ceiving radiation from underground nuclear have been directly responsible since it col- ice in all corners of the country is to tests (1960–1970). lects in the bone marrow after it is ingested create a national universal service fund In October 1992, at the age of 40, I noticed by the body. that ensures support reaches where it a large lump in my neck and showed the The main purpose of my letter is to let you is needed most. lump to my family physician during my an- know my family believes that I was a victim The fund should be based on inter- nual physical exam. He told me that the of radioactive fallout. I, like millions of oth- state and intrastate telecommuni- ers, was an innocent infant when the atomic lump was just a fat deposit and to go home cations revenues and cover one-hun- and not worry about it. About six months bomb tests were being conducted. I can’t think of anything more evil than a govern- dred percent of the subsidy needed to later, I mentioned the lump to my wife and keep phone rates affordable for cus- she advised me to see a specialist as soon as ment that would intentionally contaminate possible. In March of 1993, I went to an ear, their own population, especially babies and tomers in rural and high-cost areas. nose and throat specialist who spent several small children. With a national fund, all telecommuni- weeks performing a needle biopsy with no re- I have enclosed some photos of myself and cations service providers would con- sults. In April of 1993, I underwent a thyroid- my family. I want you to see what I looked tribute a portion of their revenues to ectomy. The surgeon removed only the side like as a small child when the atomic bombs support reasonable rates across the of my thyroid which contained the tumor. were being detonated. I want you to see that country. In other words, service provid- Two weeks later the final biopsy confirmed I was a caring son, wonderful brother, loving ers in more urban, low-cost areas 1 husband, adored father and I treasured the 2 ⁄4 centimeter tumor was malignant. I would help support affordable phone then saw an oncologist who advised me the friend. Since I could not write this letter for my- service in rural, high-cost areas. other side of my thyroid should be removed Leaving seventy-five percent of the immediately so I could start my radioactive self, my family and friends decided to write iodine treatments to rid my body of any re- it for me. I hope you don’t mind that they funding responsibility to the states maining cancerous thyroid tissue. I visited have signed it for me also. would place a disproportionate burden another surgeon the remove the remaining Senator Harkin, please keep fighting for on consumers, service providers and thyroid. He was very apologetic but said that the truth. Only when the American people utilities commissions in rural states he could not remove the rest of my thyroid have the whole truth, will they have the like Wyoming. Such a burden could re- until my incision was completely healed power and control over their own lives. It is sult in higher phone rates and reduce which would take six more months. From my hope that this letter will encourage the network investment—both of which the time I first showed the lump to a physi- release of all information that the govern- would have a chilling effect on eco- ment has regarding radioactivity and it’s cian until the time that I received my radio- nomic development opportunities. active thyroid treatments for cancer, over connection with all forms of cancers. It is one year had elapsed. also my prayer that this information may Since telecommunications is a vital My family wonders if the information from help others. element of commerce, disparate uni- the National Cancer Institute had only been Senator Harkin, please don’t forget me. versal service surcharges on commu- released earlier, if my physicians would have Please don’t let my death be in vain. nications services between states S858 CONGRESSIONAL RECORD — SENATE February 23, 1998 would divert industries and job growth FEBRUARY IS AMERICAN HEART which created the National Heart Insti- away from the rural areas that need it MONTH tute, I call on the on the President and the most. ∑ Mr. DORGAN. Mr. President, I stand every one of my colleagues to take Mr. President, I submit for the in observance of American Heart three pivotal steps to make more progress against this insidious disease: RECORD a letter I wrote with the other Month. This is an annual event since Commit to providing a significant in- members of the Wyoming delegation to 1964 resulting from passage of a joint crease in funding for research against the FCC on this issue. There is still Congressional resolution asking the heart attack, stroke and other cardio- time for the Commission to get this President to proclaim each February as vascular diseases; funding problem right. We must ensure American Heart Month. In declaring February as American Heart Month for Establish a Presidential Commission that all customers across the country on Heart Disease and Stroke, similar continue to have access to quality the last 34 years, both the Congress and the President recognize the seriousness to the one convened by President Lyn- local phone service at affordable rates. of heart disease and the need to con- don Johnson in 1964. Today, 34 years The letter follows: tinue the battle against this our coun- after the first Presidential Commis- U.S. SENATE, try’s number 1 killer and a leading sion, these diseases remain the first Washington, DC, July 23, 1997. cause of disability. and third largest killers in America; Hon. REED E. HUNDT, American Heart Month takes on an and Chairman, Convene a National Conference on Federal Communications Commission, added significance in 1998 because both Washington, DC. the National Institutes of Health’s Na- Cardiovascular Diseases sponsored by tional Heart, Lung, and Blood Institute the NHLBI and the Centers for Disease DEAR CHAIRMAN HUNDT: Reforming our na- and the American Heart Association Control and Prevention. The first one tion’s universal service system is a tremen- dous challenge, and one that will have last- are celebrating their 50th anniver- was sponsored by the National Heart ing implications for telephone customers in saries—50 proud years for both national Institute and the American Heart As- Wyoming and other rural states. In your organizations. sociation in 1950 to ‘‘summarize cur- work on the Joint Board, we encourage you The NHLBI is the federal govern- rent knowledge and to make rec- to protect the interests of rural consumers ment’s leading supporter of heart re- ommendations concerning further and create a national high-cost fund that search and educational programs. The progress against heart and blood vessel sends support dollars where they are needed American Heart Association is the na- diseases.’’ I think it is time we take most. By doing this, you will fulfill the clear tion’s largest voluntary health organi- another systematic look at the status mandate of the Telecommunications Act of zation dedicated to the reduction of of our heart disease research efforts to 1996 and help sustain a truly national com- death and disability from heart attack, munications system available to all citizens. date and the areas that need further re- stroke and other cardiovascular dis- search. In the face of declining telephone rate sup- eases—the leading cause of death in the These steps are vital to the health port, through federally mandated access United States. and well being of the more than 57 mil- charge reductions and new competitors tar- There have been wonderful discov- geting the most profitable markets and serv- lion Americans with one or more types eries made through research and won- of cardiovascular disease. ices, a sustainable universal service support derful treatments that are provided in mechanism is ever more important. We I ask that this year’s Presidential therefore view with great concern the cur- our hospitals in the area of cardiology. proclamation on American Heart rent formula for universal service support: 25 Yet there is so much we still do not Month be printed in the RECORD. know. It seems to me more and more percent of the funding comes from federal AMERICAN HEART MONTH, 1998 sources and 75 percent from the states. research can unlock these mysteries and give us the opportunity to save A PROCLAMATION BY THE PRESIDENT OF THE In Wyoming, with its vast terrain and dis- UNITED STATES OF AMERICA persed and relatively small population, a 75 more and more lives in this country. Virtually all of us have a friend or a Fifty years ago, a heart attack meant an percent state funding responsibility will end to an active lifestyle, and, for a third of have a clear, immediate and detrimental ef- loved one who has been affected by those stricken, it meant death. Thankfully, fect on phone rates. Although Wyoming has heart attack, stroke or other cardio- the past half-century has brought us an a universal service funding mechanism, it is vascular diseases. As many of my col- array of advances in the prevention and beyond the capacity of Wyoming to absorb leagues know, I have a very personal treatment of heart disease. Procedures such the huge increases in costs that a 25/75 split interest in trying to provide additional as balloon angioplasty and coronary artery would create for it. It is clear to us that a resources for NHLBI to be used to pro- bypass grafts, noninvasive diagnostic tests, federal universal service fund that pays only vide funding vitally needed for heart and drugs that treat high blood pressure and 25 cents on every dollar of high-cost tele- and stroke-related research. clots and reduce high blood cholesterol have phone service will shortchange thousands of I have become increasingly con- enabled Americans to live longer and Wyoming telephone customers, and millions healthier lives. Equally important, we have of others across the country. cerned, however, with what has been become better educated during the past five happening to the amount of money decades about heart disease risk factors and Universal telephone service is a national spent on heart research by the federal commitment requiring strong federal sup- how to control them. port. In that regard, the Telecommuni- government. Even with the significant This year, two of the groups most respon- cations Act of 1996 envisioned a partnership increases that Congress has been giving sible for this remarkable progress—the Na- between the states and the federal govern- to the NIH over the past decade, fund- tional Heart, Lung, and Blood Institute and ment to work together on the nation’s tele- ing for heart research has simply not the American Heart Association—are cele- communications challenges. We urge you to kept pace. In fact, funding for heart re- brating their golden anniversaries. The Na- adopt a national high-cost fund that provides search at the NHLBI appears to be los- tional Heart, Lung, and Blood Institute, part of the National Institutes of Health, leads all of the rate support needed to keep Wyo- ing more and more ground. the Federal Government’s efforts against ming customers connected to the public tele- In constant dollars from FY 1985 to heart disease by supporting research and phone network. Only with a national fund FY 1995, funding for the NHLBI heart education for the public, heart patients, and available to all high-cost service providers program decreased 4.8 percent. health care professionals. The American can customers in our state be assured of af- In constant dollars from FY 1986 to Heart Association plays a crucial role in the fordable access to this vital communications FY 1996 funding for the NHLBI heart fight against heart disease through its re- link. program declined 5.5 percent. search and education programs and its vital Thank you for your consideration of this And, in figures just released by the network of dedicated volunteers. matter. We hope you will join us in support- NHLBI, funding for the heart program Despite the encouraging developments in ing a cooperative national solution for uni- decreased by 7.6 percent in constant that fight, we still face many challenges. versal service. dollars from FY 1987 to FY 1997. Heart disease continues to be the leading Sincerely, We can do better, and we must do cause of death in this country, killing more CRAIG THOMAS, than 700,000 Americans each year. The num- U.S. Senator. better. Our nation must do a better job ber of Americans with heart disease or a risk MICHAEL ENZI, than this in the battle against Ameri- factor for it is staggering. Approximately 58 U.S. Senator. ca’s No. 1 killer. million have some form of cardiovascular BARBARA CUBIN, During the commemoration of this disease, about 50 million have high blood Member of Congress.∑ 50th anniversary of the 1948 Heart Act, pressure, and about 52 million have high February 23, 1998 CONGRESSIONAL RECORD — SENATE S859 blood cholesterol. Americans are also becom- April USA, our Nation’s oldest volun- naming Washington, D.C.’s largest fed- ing more overweight and less active—two teer home repair initiative. This pro- eral office structure the Ronald Reagan key factors that increase the risk of heart gram has helped to rehabilitate the Building. The ceremony to do that will disease. Most disturbing, for the first time in homes of over 31,000 elderly, low-in- be held in the next few months. I also decades, Americans are losing ground against some cardiovascular diseases. The come, and disabled individuals nation- have supported naming the aircraft rate of stroke has risen slightly, the preva- wide. carrier that is currently under con- lence of heart failure has increased, and the I would particularly like to recognize struction the U.S.S. Ronald Reagan. decline in the death rate for those with coro- the 5th anniversary of the Christmas in But I did not think it was appro- nary heart disease has slowed. April program’s arrival in Providence, priate for Congress to dictate a name Women are particularly hard hit by this Rhode Island, where it is making a dif- change to the local airport authority. disease, in part because public health mes- ference in many communities. In just The bill turning over the authority for sages too often have not focused on how this five years, Providence’s Christmas in the airport to a metropolitan airport segment of our population can best protect April has helped to restore over 100 their hearts. The American Heart Associa- authority was signed by President tion recently discovered that only 8 percent dwellings, through the efforts and com- Reagan nine years ago. I don’t think of American women know that heart disease mitment of thousands of volunteers. the spirit of that transfer of control is and stroke are the greatest health threats Indeed, this important initiative has served by a proposal directing the air- for women, and 90 percent of women polled dedicated almost $1 million to improve port authority to rename the airport. did not know the most common heart attack our communities and to help Rhode Is- That airport is now named after signals for women. land’s less fortunate homeowners. The America’s first President. In fact, the For a variety of reasons, including poorer Christmas in April program exempli- porticos in the architecture of the access to preventive health care services, mi- fies the true spirit of volunteerism. norities in America have high mortality Washington National Airport were de- Mr. President, I would particularly signed to resemble Mount Vernon. rates due to heart disease. The American like to commend Providence College Heart Association reported that, in 1995, car- Again, while I admire and respect diovascular disease death rates were about 49 and its President, Reverend Philip A. President Reagan, I believe that it’s percent greater for African American men Smith, for his leadership in creating most appropriate that the principal than for white men, and about 67 percent our nation’s first Christmas in April airport serving our nation’s capital re- higher for African American women than campus chapter. I am convinced that tains the name of our first President. white women. In addition, the prevalence of this unique volunteer service organiza- However, I did vote for an amendment diabetes—a major risk factor for heart dis- tion will continue to better Rhode Is- ease—is very high in some of our Native that would permit renaming it, pro- land’s communities for many years to vided the local airport authority chose American populations, and Asian Americans come.∑ have a high mortality rate for stroke. to do so. I think that is the appropriate However, both the National Heart, Lung, f course.∑ and Blood Institute and the American Heart JUNIOR LEAGUE OF STAMFORD- f Association have undertaken activities to NORWALK counter these trends. Both groups have initi- MEDICARE TRANSFER REPEAL Mr. LIEBERMAN. Mr. President, I ated major efforts to better inform women ∑ ∑ Mr. GRASSLEY. Mr. President, on and minorities about the threat of heart dis- rise today to honor the Junior League February 4, I joined Senator D’AMATO ease and the steps that can be taken both to of Stamford-Norwalk, based in Darien, prevent and treat it. These fine organiza- in introducing legislation to repeal a Connecticut, on their 75th anniversary. provision of the Balanced Budget Act tions also continue their efforts to educate For 75 years the Junior League of of 1997 which penalizes hospitals that health professionals on improving medical Stamford-Norwalk has worked to pro- provide appropriate and efficient care. practice in heart health and to inform pa- mote volunteerism, develop the poten- tients and the public about how to reduce tial of women, and improve the com- This law punishes hospitals that make their risk of heart disease. As we celebrate use of the full continuum of care and their 50th anniversaries, let us resolve to munity through the effective action and leadership of trained volunteers. discourages them from moving patients build on their record of accomplishment. By to the most appropriate levels of post- continuing our investment in research, rais- Since Junior League of Stamford-Nor- acute care. ing public awareness of the symptoms of walk was founded in 1923, their mem- heart disease, and educating Americans bers have donated more than 2.5 mil- The current hospital prospective pay- about the importance of a heart-healthy diet lion volunteer hours to meeting the ment system is based on an average and exercise, we can continue our extraor- needs of the area towns it serves. In length of stay for a given condition. In dinary progress in saving lives and improv- doing so, they have touched many lives some cases, patients stay in the hos- ing health. pital longer than the average and in In recognition of these important efforts in and served innumerable members of the community with their hard work other cases their stay is shorter. His- the ongoing fight against cardiovascular dis- torically, a hospital has been reim- ease, the Congress, by Joint Resolution ap- and generous spirit. Their donation of proved December 30, 1963 (77 Stat. 843; 36 time and money has helped organiza- bursed based upon an average length of U.S.C. 169b), has requested that the Presi- tions such as the Volunteer Center, the stay regardless of whether the patient dent issue an annual proclamation designat- Women’s Crisis Center, Lockwood Mat- remained in the hospital a day less ing February as ‘‘American Heart Month.’’ hews Mansion, and the Maritime than the average or a day more than NOW, THEREFORE, I, WILLIAM J. CLIN- Aquarium at Norwalk to better serve the average. When the Balanced Budget TON, President of the United States of Act transfer provision takes effect, America, do hereby proclaim February 1998 the people of the area. The work of the Junior League of Stamford-Norwalk however, this will no longer be the as American Heart Month. I invite the Gov- case. ernors of the States, the Commonwealth of over the past 75 years had made it a Puerto Rico, officials of other areas subject cornerstone of the community, and the This new policy penalizes facilities to the jurisdiction of the United States, and people of Connecticut thank them for that transfer patients from the hos- the American people to join me in reaffirm- their service, dedication, and contribu- pital to a more appropriate level of ing our commitment to combating cardio- tion to their communities.∑ care earlier than the average length of vascular disease and stroke. f stay. It encourages hospitals to ignore IN WITNESS WHEREOF, I have hereunto the clinical needs of patients and keep set my hand this thirtieth day of January, in RENAMING WASHINGTON them in the most expensive care set- the year of our Lord nineteen hundred and NATIONAL AIRPORT ting for a longer period of time. In ninety-eight, and of the Independence of the United States of America the two hundred ∑ Mr. DORGAN. Mr. President, the pro- short, it offers an incentive for hos- and twenty-second. posal in Congress to rename the Wash- pitals to provide an unnecessary level WILLIAM J. CLINTON.∑ ington National Airport for former of care, for an unnecessary length of f President Ronald Reagan has caused time. some to claim that anyone who opposes The transfer policy is particularly CHRISTMAS IN APRIL PROVIDENCE the change is expressing a partisan hard on hospitals in low-cost states 5–YEAR ANNIVERSARY view. like Iowa, where the cost of implemen- ∑ Mr. REED. Mr. President, I rise I greatly respect and admire former tation has been estimated at $25 mil- today to pay tribute to Christmas in President Reagan. I have supported lion a year. Because Iowa’s hospitals S860 CONGRESSIONAL RECORD — SENATE February 23, 1998 practice efficient medicine, they have Carolina. His governorship was one of worked closely with Stan since his average lengths of stay well below the the most progressive, most active, and election to the Kentucky House of Rep- national average. These hospitals will most important in my state’s history. resentatives in 1993, on a variety of be hit especially hard. This kind of per- For example, he strongly supported issues of importance to our constitu- verse incentive is part of the problem and helped fund the statewide system ents. with Medicare, not part of the solution. of technical colleges that has been es- Since his election, Stan has risen I understand that there may be con- sential to South Carolina’s dramatic quickly in the Republican leadership in cerns about abuses by some hospitals economic growth for the past two dec- the Kentucky House. He currently moving patients to lower levels of care ades. But the hallmark of Donald Rus- serves as Chairman of the House Re- sooner than is clinically appropriate. If sell’s governorship was his commit- publican Caucus. For the past two that is a problem, let’s attack it. But ment to racial reconciliation and fair years, Stan has played a major role in let’s not punish all hospitals—espe- treatment for all in South Carolina. overhauling Kentucky’s Workers’ Com- cially the most efficient for the sins of Mr. President, the best way to illus- pensation laws, as well as other impor- a few others. trate Donald Russell’s caring, gener- tant issues ranging from Higher Edu- In addition to the irrational incen- ous, and just nature and his commit- cation Reform to the state budget. tives this policy creates, there is the ment to equitable and progressive poli- Outside of the General Assembly, very real problem of administering it. cies is to relate a vignette. On his inau- Stan has been very generous with his This law holds hospitals accountable guration as Governor, Donald threw a time to both Republican causes and for the actions of patients that are no barbecue for the people of South Caro- candidates for office. As Recruitment longer under their care. If a Medicare lina—all the people. This was unprece- Chairman for the Fayette County Re- beneficiary were discharged from the dented: never before in South Carolina publican Party, Stan has worked tire- hospital without the expectation of a had a governor thrown a party and in- lessly to find quality candidates for need for further care and cir- vited all the state’s people—white and Congress, the state legislature, Mayor cumstances changed, the hospital black—to attend. For the first time, and Council in his home community of would not be entitled to the full Medi- the Governor shook many black as well Lexington, Kentucky. care payment. But the reality is that, as white hands in his receiving line. Mr. President, in just a few short the hospital may or may not know of Donald’s act was as bold as it was won- years, Stan Cave has become a re- this change. The law sets hospitals up derful, and it set the tone for his gover- spected contributor to Kentucky gov- for accusations of fraud due to events norship, during which he worked to en- ernment and politics. His meteoric rise that are completely beyond their con- courage the citizens of South Carolina has now been recognized and rewarded trol. to accept the end of the pernicious sys- by the National Republican Legislators This law is a serious roadblock to the tem of segregation. Association as a 1997 Legislator of the provision of appropriate and efficient After leaving the Senate, Donald was Year, a great and well deserved honor.∑ care. The repeal of this legislation will appointed by President Lyndon John- f help ensure that logical coordinated son to the United States District Court care remains a primary goal of the TRIBUTE TO THE CORVETTE: for the District of South Carolina. In Medicare program. MOTOR TREND’S 1998 CAR OF ∑ 1971, Judge Russell was appointed by f THE YEAR President Richard Nixon to the United IN MEMORY OF DONALD RUSSELL States Court of Appeals for the Fourth ∑ Mr. McCONNELL. Mr. President, I rise today to celebrate the recent rec- ∑ Mr. HOLLINGS. Mr. President, Circuit. For over thirty years, Judge South Carolina lost one of its greatest Russell served with great distinction ognition of the redesigned Chevrolet citizens when former Governor, former and earned a reputation as one of Corvette as Motor Trend magazine’s U.S. Senator, and Federal Judge Don- America’s most respected jurists. His 1998 Car of the Year. By recognizing ald Russell passed away Sunday night. intellect remained keen to the end and the 1998 Corvette with one of the auto- I am both greatly saddened and hon- he never accepted senior status. His mobile industry’s most prestigious ored to pay tribute today to the exem- years on the bench set a standard for awards, the editors of Motor Trend be- plary life of this extraordinary man. judicial integrity, wisdom, and fair- stow a great honor, not only on the In addition to his many years of pub- mindedness that will endure for many car, but more importantly on those lic service as Governor, U.S. Senator, years. In fact, it was as a jurist that men and women who design and build and Federal Judge, Donald Russell also Donald Russell found his true calling. I the Corvette in Bowling Green, Ken- served as president of the University of doubt that I ever have seen or will see tucky. South Carolina from 1952 to 1957. Dur- another jurist to surpass him. Motor Trend—in celebrating the radi- ing the Second World War, he served in For more than fifty years, Mr. Presi- cally-redesigned 1998 Corvette—points the War Department and as a special dent, I have known Donald Russell to to the new, cleaner 5.7 liter/345 horse- assistant to James F. Byrnes until 1943. be one of the most dedicated public power V–8 engine, a lighter, more re- In 1943, he entered upon active duty in servants in South Carolina’s rich his- fined chassis, and an impressive 24.9 the U.S. Army; he was decommissioned tory. His dedication to improving the cubic feet of cargo space, noting that as a major in 1944 after serving with lives of everyday citizens has inspired ‘‘the new Corvette will be remembered Supreme Allied Headquarters. He was me throughout my own career in public as one of the greatest cars in American present at Yalta with James Byrnes service. I am proud to have been his automotive history.’’ and President Roosevelt. Following the friend and colleague, and I send his The selection of the Corvette further War, he served for two years as Assist- family my sincere condolences.∑ signals the resurgence of great Amer- ant Secretary of State for Administra- f ican cars. I am proud that the Corvette tion. has been at the forefront of this re- Some in this Chamber remember TRIBUTE TO THE HONORABLE vival. Donald Russell as an esteemed col- STAN CAVE: REPUBLICAN LEGIS- This award is a testament to the tire- league who served with great distinc- LATOR OF THE YEAR less efforts of those in Bowling Green tion in the United States Senate in 1965 ∑ Mr. McCONNELL. Mr. President, I who have designed and assembled the and 1966. During his time in the Sen- rise today to pay tribute to Stan Cave, Corvette since 1981, when the shiny ate, Senator Russell was known as a who represents the 45th district (Lex- new plant was born from an old Chrys- serious, conscientious, and particularly ington) in the Kentucky House of Rep- ler Air Temps facility. Since Corvette intelligent lawmaker, dedicated to his resentatives. Representative Cave has production moved from St. Louis 18 country and to his state. Both South been recognized by the National Repub- years ago, the people of Bowling Green Carolina and the United States bene- lican Legislators Association as one of have been proud to carry on the tradi- fitted from Senator Russell’s wise and their ten Legislators of the Year. tion of America’s original roadster. vigorous leadership. I am proud to have joined several of Mr. President, by honoring the Cor- Before entering the Senate, Donald his General Assembly colleagues in vette, the editors of Motor Trend honor Russell served as Governor of South nominating Stan for this award. I have all the hard-working men and women February 23, 1998 CONGRESSIONAL RECORD — SENATE S861 in my home state of Kentucky who The PRESIDING OFFICER. The Sen- Mr. President, the political tactics have played a role in all stages of the ator from Alaska. and schemes of the 1996 Presidential production of the new, 5th generation f election campaign reveal the abuses in- Corvette. I offer my congratulations to volved in our current system. Bottom- all those who work for Chevrolet in CAMPAIGN FINANCE REFORM line, our current election laws are not Bowling Green, whose innovative Mr. MURKOWSKI. Mr. President, the being enforced. thinking and diligence has resulted in debate that we begin today on cam- It’s interesting to note that where the Corvette winning this prestigious paign finance reform must be prefaced the lack of law enforcement has be- award.∑ with one question: To what extent, if come the most apparent is in the one f any, should the Federal Government area that receives guaranteed federal funding via a tax subsidy—federal pres- TRIBUTE TO THE TOYOTA CAMRY: regulate political speech in our coun- try? idential elections. AMERICA’S No. 1 SELLING CAR As grand jury indictments amass The President has endorsed Senator with regard to Democratic fundraising Mr. McCONNELL. Mr. President, I MCCAIN and Senator FEINGOLD’s cam- rise today to recognize the employees violations in the 1996 Presidential elec- paign finance reform legislation. How- tion, we learn more and more about at the Erlanger, Kentucky, head- ever, I cannot. quarters of Toyota’s North American President Clinton’s use of the per- Campaign finance reform debate is quisites of the Presidency as a fund- manufacturing operations as well as not just about politicians and their those at the Georgetown Toyota as- raising tool. It’s important to recall campaigns. At the core of this issue is some of those abuses as we begin our sembly plant whose dedication and the First Amendment. The government hard work have resulted in the Toyota debate on campaign reform. And please must tread lightly in attempts to place keep in mind my point here is existing Camry becoming the number one sell- limitations on speech. The government campaign laws are not being enforced. ing car in the United States for 1997. can no more dictate how many words a First, the Lincoln bedroom. During By recording its best-ever sales newspaper can print than it can limit a the five years that President Clinton month in December, the Camry edged political candidate’s ability to commu- has resided in the White House, an as- past traditional favorites—the Honda nicate with his or her constituents tonishing 938 guests have spent the Accord and the Ford Taurus—to be- The McCain-Feingold legislation night in the Lincoln bedroom, and gen- come the best selling car in the United bristles with over a dozen different re- erated at least $6 million to the Demo- States—the first time a Toyota auto- strictions on speech—provisions that, I crat National Committee. mobile has been so recognized. believe, flagrantly violate the First Presidential historian, Richard Nor- Because dealers had a hard time Amendment as interpreted by the Su- ton Smith, stated that there has keeping both the Accord and the preme Court. ‘‘never been anything of the magnitude Camry in stock this year, the primary I cannot overemphasize this point. of President Clinton’s use of the White factor in determining which model sold George F. Will, in a Washington Post House for fundraising purposes. . .it’s best was which company could get the editorial stated of the McCain Feingold the selling of the White House.’’ most out of its assembly line. I am bill: Presidential Coffees. President Clin- proud to report that, because of the in- Nothing in American history—not the ton hosted 103 ‘‘presidential coffees.’’ dustriousness of those men and women left’s recent campus speech codes,’ not the Guests at these coffees, which included who work in the Georgetown plant, right’s depredations during the 1950s a convicted felon and a Chinese busi- there were enough Camrys on dealer’s McCarthysim or the 1920s ‘red scare,’ not the nessman who heads an arms-trading lots to outsell both the Accord and the Alien and Sedition Acts of the 1790s— company, donated $27 million to the Taurus. And by the way, 80% of all matches the menace to the First Amend- Democrat National Committee. Camrys sold in the U.S. have been as- ment posed by campaign ‘reforms’ advancing President Clinton’s Chief of Staff, sembled in Georgetown. under the protective coloration of political Harold Ickes, recently turned over a This past year, the Camry plant in hygiene.’ large number of documents that show Georgetown increased production by Mr. President, I would point out that figures for both expected and actual do- 12% over the previous year, mostly by the 1996 presidential system of cam- nations from nearly every White House improving efficiency on the assembly paign finance clearly reveals that two coffee. Mr. Ickes gave the President line and pressing suppliers to keep up significant problems exists with our weekly memorandums which included with their demand for raw materials. current election process: projected monies he expected each Despite the tremendous growth this 1. Too much money is spent on cam- ‘‘Clinton coffee’’ would raise. He pro- year, officials at the Georgetown plant paigns; and 2. Current laws are not en- jected each would raise no less than say that they intend to build even forced. $400,000. more Camrys next year, as they im- Unfortunately, McCain-Feingold Here’s a comparison: President Bush prove the speed of the assembly line would do little to end the vicious cycle hosted one ‘‘presidential coffee.’’ No money was raised. The cost was $6.24. and further improve the plant’s effi- of fundraising. In fact, if anything, it would only prolong the campaign cal- Foreign Contributions. Investiga- ciency. tions by both the Senate Government Mr. President, again, I would like to endar. Since McCain-Feingold contains restrictions on express advocacy’’ fi- Affairs Committee and the Department congratulate all those men and women of Justice into campaign abuses in the associated with Toyota Motor Sales, nanced by soft money only 60 days be- fore an election—that will mean that 1996 presidential campaign have re- USA, particularly those in Erlanger vealed that the Democrats recklessly money will simply be raised earlier in and Georgetown, whose dedication and accepted illegal foreign donations in the calendar year, and the election sea- hard work made the Camry 1997’s top exchange for presidential access and son will seem virtually unending. selling car. other favors. A few examples: f And what is ‘‘express advocacy?’’ If First John Huang. John Huang, this proposal ever becomes law, we can raised millions of dollars in illegal for- SUBMISSION OF SENATE change the name of the Federal Elec- RESOLUTION eign contributions for the Democratic tion Commission to the Federal Cam- National Committee (DNC), which the Mr. SPECTER addressed the Chair. paign Speech Police. Every single issue DNC has already returned. The PRESIDING OFFICER. The Sen- advertisement will be taped, reviewed, Huang, despite being wholly unquali- ator from Pennsylvania is recognized. analyzed and litigated over. The fied according to his immediate boss, (The remarks of Mr. SPECTER per- Speech police will set up their offices received an appointment to the Depart- taining to the submission of S. Res. 179 in all 50 states to ensure the integrity ment of Commerce, where he improp- are located in today’s RECORD under of political advertising. Is that what erly accessed numerous classified docu- ‘‘Submissions of Concurrent and Sen- we in this chamber really want? I don’t ments on China. ate Resolutions.’’) think so. But that is what will inevi- Huang made at least 67 visits to the Mr. MURKOWSKI addressed the tably happen if we adopt McCain-Fein- White House, often meeting with senior Chair. gold. officials on US trade policy. S862 CONGRESSIONAL RECORD — SENATE February 23, 1998

Senator SPECTER stated that the ac- address several issues related to cam- Mr. President, the amendment I in- tivities of Mr. Huang at the Commerce paign finance reform. One of those tend to offer will end this hypocrisy. Department had ‘‘all the earmarks amendments will address what I be- My amendment simply provides that of. . .espionage.’’ lieve is a fundamental inequity in the Senators would be permitted to be pri- Second Charlie Trie. rules governing Senatorial activities. vately reimbursed for the costs of lodg- Longtime friend of Bill Clinton, The amendment I will offer will con- ing and transportation in connection raised and contributed at least $640,000 form the rules that we have for trans- with charitable fund-raising events in contributions to Clinton, GORE and the portation and lodging in connection the same manner they can be reim- DNC. with a charitable event with the rules bursed for political travel. Shortly thereafter, Clinton signed an that exist for transportation and lodg- This is a very simple amendment. It executive order to increase the size of ing in connection with a political merely conforms the charitable travel the US Commission on Pacific Trade event, such as a political fundraiser rules with the political travel rules. and appointed Trie to the Commission. something we all know. Mr. President, I believe one of the On January 29th of this year, the De- Under rules we adopted in 1995, pri- most important responsibilities of a partment of Justice indicted Trie on vate entities cannot reimburse Mem- public official is to promote worth- charges that he funneled illegal foreign bers for the cost of transportation and while charitable causes. Not every- contributions to the 1996 Clinton-Gore lodging to a charitable event. But, thing that can be done for the public reelection campaign in order to buy ac- members are still permitted to be pri- good derives from government. Private cess to top Democratic Party and Clin- vately reimbursed if they travel to a charities play a vital role in servicing ton Administration officials. fundraising event for another member. many of the needs of our citizens. In my own case, for the past 4 years, MONEY LAUNDERING In other words, lobbyists and PAC my wife Nancy and I have been the Vice President GORE was present at Committee contributions can be used honorary chairs of a fishing tour- an event at a Buddhist Temple where to reimburse members for taking a nament in Alaska which has raised $80,000 in contributions to the DNC night off and flying to Hollywood for $830,000 for a mammogram machine for were laundered through penniless nuns political fundraisers. the Fairbanks Breast Cancer Detection and monks. Under the Senate Ethics Committee’s Center and a mobile detection van. Vice President GORE offered differing Interpretative Ruling No. 193, a Sen- And as a result, the center has been characterizations of the Buddhist Tem- ator may accept travel expenses from was able to provide free breast cancer ple event. First, the vice-president de- an official of a district’s political party examinations and mammograms for organization in return for his appear- scribed the event as a ‘‘community 25,000 women who from 81 villages in ance at a rally sponsored by the orga- outreach.’’ He later characterized it as Alaska. a ‘‘donor-maintenance’’ event where nization. The units we’ve been able to finance ‘‘no money was offered or collected or Now, Mr. President, every Member of have been vital in helping preserve the raised at the event.’’ this body has at one time or another health of Alaska’s women, especially However, last week, the Department made a campaign appearance for his or the women in the small villages. of Justice determined otherwise. On her party or for a candidate of his The State’s cancer mortality is the February 18, veteran Democratic fund- party. Often, that means flying to an- third highest in the nation—one in raiser Maria Hsia was charged in a six- other Member’s home state, attending eight Alaska women will develop count indictment by the Justice De- a party function; maybe making a breast cancer. Breast cancer screening partment for her part in raising the il- speech and sharing a meal; maybe at- can reduce these amounts by 30 per- legal contributions for the Democrat tending an entertainment or sports cent. National Committee at the Buddhist function. And the entire cost is almost I believe that without the money Temple event. always covered by lobbyists and other raised from these two fundraisers, the These abhorrent abuses in our cur- political contributors. health of Alaska’s women would be se- rent campaign laws must end. Healthy So we have a situation where a Sen- verely marginalized. I am proud of the reform can begin with this debate. So ator can travel all over the country at- work that my wife Nancy has done to my point is that current laws are not tending political fundraisers and have get these units operating. If we change being enforced. lodging and transportation reimbursed, the rules on charitable events, I am Mr. President, there is clearly one but a Senator can’t attend charity convinced that neither of these units area where reform is certainly needed. events—events that raise money for would have become a reality. During the 1996 election, the AFL–CIO very worthwhile causes such as breast What we have here is a situation that spent $35 million to defeat Republican cancer detection—and have those costs discriminates against distant States. candidates. Where did the AFL–CIO get reimbursed. Does that make sense? Mr. President, even though Senators the resources to fund this campaign? Why is it all right for a political ac- are permitted to attend charitable From the dues of both union and non- tion committee to host a $500 a plate events, the rules relating to transpor- union members. political fundraiser, or give a campaign tation and lodging clearly discriminate Were these hard-working Americans check for $5,000 to an elected official, against charitable events in distant asked by their unions how those dues but there can be no solicitation of cor- States. should be spent? We all know the an- porations and other individuals to par- Large national charitable organiza- swer—No. The leaders of the AFL–CIO, ticipate in a charitable event that only tions have the clout and resources to headquartered here in Washington, just benefits a small community or state? I hold events in Washington, D.C. where sat down and decided they would use believe this whole notion of preventing Members can easily attend. their members’ dues to target Repub- Senators and corporations from shar- But if you are a small organization, licans, whether those due-paying work- ing in raising money for a worthy like the Fairbanks Breast Cancer De- ers liked it or not. cause outside the Beltway, but allow- tection Center or you are not going to I believe this practice should end. I ing $5,000 and $10,000 political gifts have the resources or the capability to applaud Senator LOTT for offering a smacks of sheer hypocrisy. have your event held in the Nation’s sensible alternative. The Lott Sub- Since we adopted this change in our Capital. And if Senators cannot receive stitute requires full public disclosure. rules, it has become far more difficult transportation and lodging reimburse- Just as someone cannot donate money for Senators to participate in chari- ment, events like mine and events to a campaign in someone else’s name table events. A recent article in Roll sponsored by other Senators in their under existing law, the Lott Amend- Call pointed out that charitable golf home states are just going to disappear ment would close the loophole for labor and ski events have dried up as a result because it costs too much to get to unions by requiring that members ap- of our rule change. But as Roll Call Alaska and other small States. prove of ads that their dues are spent notes: ‘‘But Members and their staff Mr. President, I think we have a very on. can still flock to sports tournaments or clear choice here. Do we want to estab- Mr. President, it is my intention to wine and dine with lobbyists—as long lish the same lodging and transpor- offer amendments to this bill that will as it’s part of a fundraiser.’’ tation rules for charitable fund raisers February 23, 1998 CONGRESSIONAL RECORD — SENATE S863 as we have for political fundraising? Or open up his facilities for complete in- The PRESIDING OFFICER. Without do we want to make it harder to raise spection is commendable. objection, it is so ordered. money for worthy charities, while at The question we now face is, when Mr. GRASSLEY. Mr. President, I the same time continuing the unlim- and under what circumstances will also ask unanimous consent that at ited reimbursement for political fund- UNSCOM now be allowed to reenter the 10:30 a.m., the Senate resume consider- raising. country to carry on its mission. But I ation of S. 1663, the campaign finance Mr. President, I hope my colleagues believe that the willingness on the part reform bill. will support my amendment when it is of Saddam Hussein to negotiate with The PRESIDING OFFICER. Without offered. And I want to assure my col- the U.N. leadership and to reach this objection, it is so ordered. leagues that should my amendment agreement is a direct result of this ad- Mr. GRASSLEY. I further ask unani- fail, I will offer an amendment to con- ministration’s willingness to dem- mous consent that the Senate recess form the transportation and lodging onstrate to him that we will use force from 12:30 p.m. until 2:15 p.m. for the rules with the charitable rules so that if necessary to accomplish our goals. weekly policy conferences to meet. Members will have to pay out of their I commend President Clinton and his The PRESIDING OFFICER. Without own pockets to participate in fund rais- administration for their efforts, while objection, it is so ordered. ers for other political candidates. facing criticism in some circles, to Mr. President, I am hopeful that sen- make it abundantly clear to Saddam f sible campaign reform will come forth Hussein, that with or without success- during this debate—reform that: ful negotiations, we will open up those PROGRAM does not violate free speech rights; facilities, we will inspect every ques- provides greater enforcement for cur- tionable location to our satisfaction. Mr. GRASSLEY. Mr. President, to- rent laws; and ends loopholes that cir- This message of our determination to morrow, the Senate will be in a period cumvent the intent of campaign laws. see Iraqi compliance and the unity we for morning business from 9:30 a.m. to Any reform taken by this Body must demonstrated in showing our deter- 10:30 a.m. As under a previous consent not infringe upon individual liberties. mination to use force, along with the agreement, at 10:30 a.m., the Senate Reform should limit the elected official successful diplomatic efforts of Kofi will resume consideration of S. 1663, —not the electorate. The American Annan, have brought us the results the campaign finance reform bill, and public deserves no less. today. as under the consent agreement, the I defer to my good friend from Iowa. We are not there yet. U.N. weapons time from 10:30 a.m. to 12:30 p.m. will The PRESIDING OFFICER. The Sen- inspectors still have to reenter the be equally divided between the oppo- ator from Iowa is recognized. country and be permitted to go to each nents and proponents of the legisla- Mr. GRASSLEY. I thank the Chair. location. We still have to be confident tion. In addition, by consent, from 12:30 (The remarks of Mr. GRASSLEY per- that whatever questions we have re- p.m. to 2:15 p.m., the Senate will recess taining to the introduction of S. 1667 garding Iraq’s intentions on the manu- for the weekly policy luncheons to are located in today’s RECORD under facture of weapons of mass destruction meet. Following the policy luncheons ‘‘Statements on Introduced Bills and will be completely answered. at 2:15 p.m., the Senate will resume Joint Resolutions.’’) I hope that until and unless we have consideration of the campaign finance Mr. GRASSLEY. I suggest the ab- all of those questions answered, our reform bill, with the time until 4 p.m. sence of a quorum. forces will be kept in the Persian Gulf being equally divided between the op- The PRESIDING OFFICER (Mr. to demonstrate our willingness to use ponents and proponents. Following GRAMS). The clerk will call the roll. force, if necessary, to accomplish our that debate, at 4 p.m., the Senate will The assistant legislative clerk pro- mission. proceed to a vote in relation to the ceeded to call the roll. So, again, Mr. President, I commend pending McCain-Feingold amendment. Mr. DASCHLE. Mr. President, I ask the administration, I commend Mr. Therefore, the first rollcall vote tomor- unanimous consent that the order for Annan, I commend all of those who row will occur at that time at 4 p.m. the quorum call be rescinded. have had so much to do with our suc- Senators can also anticipate additional The PRESIDING OFFICER. Without cess today. We will watch with inter- votes following the vote in relation to objection, it is so ordered. est, we will watch with the expectation the McCain-Feingold amendment to f of complete success, but we will also the campaign finance reform bill. watch with the knowledge that if we CONGRATULATING SECRETARY need to use force, that force will be f GENERAL KOFI ANNAN every bit as available in the future as Mr. DASCHLE. Mr. President, the it has been for the last 2 weeks. I yield ADJOURNMENT UNTIL TOMORROW last 48 hours have been a very impor- the floor. AT 9:30 A.M. tant moment in our diplomatic efforts Mr. GRASSLEY addressed the Chair. Mr. GRASSLEY. Mr. President, if to achieve Iraqi compliance with U.N. The PRESIDING OFFICER. The Sen- there is no further business to come be- Security Council resolutions. I want to ator from Iowa. fore the Senate, I now ask unanimous congratulate Secretary-General Kofi f consent that the Senate stand in ad- Annan of the United Nations for his re- journment under the previous order. markable mission to Iraq. Obviously, ORDERS FOR TUESDAY, FEBRUARY 24, 1998 There being no objection, the Senate, many of us still look forward to being at 6:15 p.m., adjourned until Tuesday, briefed on all of the details of the Mr. GRASSLEY. Mr. President, I ask February 24, 1998, at 9:30 a.m. agreement between U.N. and Iraqi offi- unanimous consent that when the Sen- cials. But I think it is fair to say we ate completes its business today, it f have made great progress over the stand in adjournment until 9:30 a.m. on course of the last several days in large Tuesday, February 24, and that imme- NOMINATIONS measure because of his effort. diately following the prayer, the rou- Just before the February congres- tine requests through the morning Executive nominations received by sional recess, Senator LOTT and I came hour be granted. I further ask unani- the Senate February 23, 1998: to the floor to impress upon the world mous consent that the Senate then DEPARTMENT OF COMMERCE community and our country the Sen- begin a period for the transaction of PATRICK A. MULLOY, OF VIRGINIA, TO BE AN ASSIST- ate’s unity with regard to dealing with morning business until 10:30 a.m., with ANT SECRETARY OF COMMERCE, VICE CHARLES F. MEISSNER. Saddam Hussein’s lack of cooperation. Senators permitted to speak for up to I believe that unity exists today as 10 minutes each, with the following ex- DEPARTMENT OF LABOR well. With this unity we express to ceptions: Senator BROWNBACK, 10 min- RAYMOND L. BRAMUCCI, OF NEW JERSEY, TO BE AN AS- SISTANT SECRETARY OF LABOR, VICE TIMOTHY M. Saddam Hussein that his pattern of in- utes; Senator HUTCHISON, 15 minutes; BARNICLE, RESIGNED. transigence is unacceptable; that his Senator BOND, 5 minutes; Senator SETH D. HARRIS, OF NEW YORK, TO BE ADMINIS- TRATOR OF THE WAGE AND HOUR DIVISION, DEPART- willingness now to agree once more to CONRAD, 30 minutes. MENT OF LABOR, VICE MARIA ECHAVESTE, RESIGNED. S864 CONGRESSIONAL RECORD — SENATE February 23, 1998 WITHDRAWALS ruary 23, 1998, withdrawing from fur- FEDERAL ELECTION COMMISSION ther Senate consideration the follow- JOHN WARREN MCGARRY, OF MASSACHUSETTS, TO BE Executive message transmitted by A MEMBER OF THE FEDERAL ELECTION COMMISSION ing nomination: FOR A TERM EXPIRING APRIL 30, 2001, WHICH WAS SENT the President to the Senate on Feb- TO THE SENATE ON JANUARY 7, 1997. February 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E191 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Finance Blinded Veterans Association, and the Title IV of Senate Resolution 4, To resume hearings on proposals and rec- Veterans of World War I. ommendations to restructure and re- 345 Cannon Building agreed to by the Senate on February 4, form the Internal Revenue Service, in- 9:45 a.m. 1977, calls for establishment of a sys- cluding a related measure H.R. 2676. Commerce, Science, and Transportation tem for a computerized schedule of all SD–215 To resume hearings to examine the scope meetings and hearings of Senate com- Foreign Relations and depth of the proposed settlement mittees, subcommittees, joint commit- International Economic Policy, Export and between States Attorneys Generals and tees, and committees of conference. Trade Promotion Subcommittee tobacco companies to mandate a total This title requires all such committees To hold hearings on the implementation reformation and restructuring of how to notify the Office of the Senate Daily of U.S. policy on construction of a tobacco products are manufactured, Digest—designated by the Rules Com- Western Caspian Sea oil pipeline. marketed, and distributed in America. mittee—of the time, place, and purpose SD–419 SR–253 of the meetings, when scheduled, and Judiciary 10:00 a.m. To hold hearings to examine incidences Appropriations any cancellations or changes in the of high tech worker shortage and im- Agriculture, Rural Development, and Re- meetings as they occur. migration policy. lated Agencies Subcommittee As an additional procedure along SD–226 To hold hearings on proposed budget es- with the computerization of this infor- Joint Economic timates for fiscal year 1999 for the Nat- mation, the Office of the Senate Daily To hold hearings to examine the poten- ural Resources Conservation Service, Digest will prepare this information for tial for economic terrorist attacks, fo- Department of Agriculture. printing in the Extensions of Remarks cusing on the use of radio frequency SD–138 section of the CONGRESSIONAL RECORD weapons. Appropriations on Monday and Wednesday of each SD–106 Legislative Branch Subcommittee week. 10:30 a.m. To hold hearings on proposed budget es- Meetings scheduled for Tuesday, Feb- Energy and Natural Resources timates for fiscal year 1999 for the Sec- Forests and Public Land Management Sub- ruary 24, 1998, may be found in the retary of the Senate, the Capitol Police committee Board, and the Congressional Budget Daily Digest of today’s RECORD. To hold oversight hearings on the use of Office. MEETINGS SCHEDULED speciality forest products from the Na- SD–116 tional Forests. FEBRUARY 25 Appropriations SD–366 Commerce, Justice, State, and the Judici- 9:00 a.m. 2:00 p.m. ary Subcommittee Rules and Administration Commerce, Science, and Transportation To hold hearings on proposed budget es- To hold oversight hearings on the strate- Surface Transportation and Merchant Ma- timates for fiscal year 1999 for the De- gic plan implementation including rine Subcommittee partment of State. budget requests for the operations of To hold hearings on proposed legislation SD–192 the Office of the Secretary of the Sen- authorizing funds for programs of the Armed Services ate, the Sergeant at Arms and the Ar- Rail Safety Act. To hold hearings to examine NATO ex- chitect of the Capitol. SR–253 pansion. SR–301 Foreign Relations 9:30 a.m. SH–216 To hold hearings on the nomination of Budget Commerce, Science, and Transportation Robert T. Grey, Jr., of Virginia, for the Communications Subcommittee To hold hearings to examine the success rank of Ambassador during his tenure of the national trade strategy from the To hold hearings to examine universal of service as United States Representa- service administration issues and the perspective of international affairs tive to the Conference on Disar- funding. General Accounting Office’s (GAO) re- mament. SD–608 port from February 11, 1998 that de- SD–419 Finance clared the schools and libraries and Judiciary To hold hearings to examine private con- rural health care corporations illegal. To hold hearings on pending judicial tracting in Medicare. SR–253 nominations. SD–215 Labor and Human Resources SD–226 To hold hearings to examine how to mo- Foreign Relations bilize school and community resources FEBRUARY 26 East Asian and Pacific Affairs Subcommit- during non-school hours. 9:30 a.m. tee SD–430 Labor and Human Resources To hold hearings to examine whether Indian Affairs To resume hearings to examine the con- U.S. unilateral trade sanctions are ef- To hold hearings on the President’s pro- fidentiality of medical information. fective for U.S.-Asia trade policy. posed budget request for fiscal year SD–430 SD–419 1999 for Indian programs. Rules and Administration 10:30 a.m. SD–562 To hold hearings on S. 1578, to make Judiciary 10:00 a.m. available on the Internet, for purposes Business meeting, to consider pending Armed Services of access and retrieval by the public, calendar business. Readiness Subcommittee certain information available through SD–226 To continue hearings on the status of the the Congressional Research Service 11:00 a.m. operational readiness of the U.S. mili- web site, and to hold oversight hear- Indian Affairs tary forces including the availability of ings on the budget requests for the op- To hold oversight hearings on the Bureau resources and training opportunities erations of the Government Printing of Indian Affairs’ tribal priority alloca- necessary to meet our national secu- Office, the National Gallery of Art, and tions. rity requirements. the Congressional Research Service. SD–562 SH–216 SR–301 1:00 p.m. Banking, Housing, and Urban Affairs Veterans Affairs Appropriations To hold oversight hearings on monetary To hold joint hearings with the House Treasury, Postal Service, and General Gov- policy of the United States. Committee on Veterans Affairs to re- ernment Subcommittee SD–538 view the legislative recommendations To hold hearings on proposed budget es- Budget of the Non-Commissioned Officers As- timates for fiscal year 1999 for the To hold hearings to examine long term sociation, the Paralyzed Veterans of Treasury Department, focusing on law budget projections and issues. America, the Jewish War Veterans, the enforcement programs. SD–608 Military Order of the Purple Heart, the SD–124

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E192 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1998 2:00 p.m. Appropriations Judiciary Commerce, Science, and Transportation Commerce, Justice, State, and the Judici- Antitrust, Business Rights, and Competi- Aviation Subcommittee ary Subcommittee tion Subcommittee To hold hearings to examine the Federal To hold hearings on proposed budget es- To hold hearings on the implementation Aviation Administration’s (FAA) ef- timates for fiscal year 1999 for the Fed- of the Telecommunications Act of 1996, forts to upgrade the infrastructure that eral Bureau of Investigations, the Drug focusing on section 271. supports air transportation in the Enforcement Administration, and the SD–226 United States. Immigration and Naturalization Serv- MARCH 5 ice, all of the Department of Justice. SR–253 9:00 a.m. S–146, Capitol Foreign Relations Agriculture, Nutrition, and Forestry Judiciary Western Hemisphere, Peace Corps, Narcot- To hold hearings to examine the global To hold hearings to examine market ics and Terrorism Subcommittee warming agreement recently reached power and structural change in the To hold hearings to examine drug traf- in Kyoto, Japan. software industry. ficking and certification. SR–332 SD–226 SD–419 9:30 a.m. 10:30 a.m. Governmental Affairs Appropriations Appropriations International Security, Proliferation and VA, HUD, and Independent Agencies Sub- Foreign Operations Subcommittee Federal Services Subcommittee committee To hold hearings on proposed legislation To hold hearings on S. 1495, to strength- To hold hearings on proposed budget es- making supplemental appropriations en the ability of the Office of Personnel timates for fiscal year 1999 for the Cor- for the International Monetary Fund Management to obtain judicial review poration for National and Community for the fiscal year ending September 30, to protect the merit system. Service, and the Federal Emergency 1998. SD–342 Management Agency. SD–192 Judiciary SD–138 2:30 p.m. Antitrust, Business Rights, and Competi- Appropriations Armed Services Labor, Health and Human Services, and tion Subcommittee SeaPower Subcommittee To hold hearings on oversight of the Education Subcommittee To hold open and closed hearings on pro- To hold hearings on proposed budget es- Antitrust Division of the Department posed legislation authorizing funds for of Justice, focusing on international timates for fiscal year 1999 for the De- fiscal year 1999 for the Department of partment of Education. and criminal enforcement. Defense and the future years defense SD–226 SD–562 program, focusing on the seapower Appropriations 2:30 p.m. threat-based requirement. Treasury, Postal Service, and General Gov- Appropriations SR–222 ernment Subcommittee Defense Subcommittee MARCH 4 To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1999 for the In- timates for fiscal year 1999 for the De- 9:30 a.m. Indian Affairs ternal Revenue Service, Treasury De- partment of Defense. partment. SD–192 Business meeting, to mark up those pro- visions which fall within the commit- SD–192 Select on Intelligence tee’s jurisdiction as contained in the Energy and Natural Resources To hold closed hearings on intelligence President’s proposed budget for fiscal To hold hearings on the President’s pro- matters. year 1999 with a view towards making posed budget request for fiscal year SH–219 its recommendations to the Committee 1999 for the Department of the Interior. MARCH 3 on the Budget, and to mark up the In- SD–366 9:30 a.m. dian provisions contained in S. 1414, S. 10:00 a.m. Appropriations Appropriations 1415, and S. 1530, bills to reform and re- Commerce, Justice, State, and the Judici- Military Construction Subcommittee structure the processes by which to- ary Subcommittee To hold hearings on proposed budget es- bacco products are manufactured, mar- To hold hearings on proposed budget es- timates for fiscal year 1999 for Army keted, and distributed, to prevent the timates for fiscal year 1999 for the Na- and Defense programs. use of tobacco products by minors, and to redress the adverse health effects of tional Oceanic and Atmospheric Ad- SD–124 ministration, Department of Com- tobacco use; to be followed by a hear- Appropriations merce, and the Small Business Admin- ing on s. 1280, to provide technical cor- Energy and Water Development Sub- istration. rections to the Native American Hous- committee S–146, Capitol ing Assistance and Self-Determination To hold hearings on proposed budget es- Appropriations Act of 1996. timates for fiscal year 1999 for the De- Transportation Subcommittee SR–485 partment of Energy, focusing on de- To hold hearings to examine barriers to 10:00 a.m. fense programs. airline competition. Appropriations SD–116 SD–124 Defense Subcommittee Energy and Natural Resources 2:00 p.m. To hold hearings on proposed budget es- To hold hearings on the President’s pro- Judiciary timates for fiscal year 1999 for the De- posed budget request for fiscal year Immigration Subcommittee partment of Defense, focusing on Air 1999 for the Forest Service, Department Business meeting, to consider pending Force programs. of Agriculture. calendar business. SD–192 SD–366 SD–226 Appropriations Veterans Affairs Commerce, Justice, State, and the Judici- MARCH 9 To hold joint hearings with the House ary Subcommittee 1:00 p.m. Committee on Veterans Affairs to re- To hold hearings on proposed budget es- Special on Aging view the legislative recommendations timates for fiscal year 1999 for the De- To hold hearings to examine how retire- of the Veterans of Foreign Wars. partment of Commerce. S–146, Capitol ment of the baby boomer generation 345 Cannon Building Energy and Natural Resources will impact the demand for long-term 10:00 a.m. To hold hearings on the President’s pro- care, the ability of public budgets to Appropriations posed budget request for fiscal year provide those services, and the pro- Agriculture, Rural Development, and Re- 1999 for the Department of Energy. jected retirement income of baby lated Agencies Subcommittee SD–366 boomers. To hold hearings on proposed budget es- 2:00 p.m. SD–562 timates for fiscal year 1999 for the Armed Services 2:00 p.m. Rural Utilities Service, Rural Housing Personnel Subcommittee Judiciary Service, Rural Business-Cooperative To hold hearings on proposed legislation Youth Violence Subcommittee Service, and the Alternative Agricul- authorizing funds for fiscal year 1999 To hold hearings to examine the pro- tural Research and Commercialization for the Department of Defense and the posed effectiveness of the provisions of Center, all of the Department of Agri- future years defense program, focusing S. 10, to reduce violent juvenile crime, culture. on recruiting and retention policies. promote accountability by juvenile SD–138 SR–222 criminals, and punish and deter violent February 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E193 gang crime (pending on Senate cal- Appropriations Indian Affairs endar). Legislative Branch Subcommittee To hold oversight hearings on the imple- SD–226 To hold hearings on proposed budget es- mentation of the Indian Arts and MARCH 10 timates for fiscal year 1999 for the Crafts Act (P.L. 101–644). Joint Committee on Printing, the SR–485 9:00 a.m. Joint Economic Committee, the Joint 10:00 a.m. Agriculture, Nutrition, and Forestry Committee on Taxation, the Sergeant Appropriations To hold hearings to examine the current at Arms, the Library of Congress and Defense Subcommittee Federal crop insurance program and the Congressional Research Service, To hold hearings on proposed budget es- proposals to improve the system. and the Office of Compliance. timates for fiscal year 1999 for the De- SR–332 S–128, Capitol partment of Defense, focusing on Na- 9:30 a.m. Appropriations tional Guard programs. Appropriations SD–192 Treasury, Postal Service, and General Gov- Military Construction Subcommittee ernment Subcommittee MARCH 19 To hold hearings on proposed budget es- To hold hearings on proposed budget es- 9:30 a.m. timates for fiscal year 1999 for military timates for fiscal year 1999 for the Appropriations construction programs, focusing on Air Treasury Department. VA, HUD, and Independent Agencies Sub- Force and Navy projects. SD–192 committee SD–124 10:00 a.m. To hold hearings on proposed budget es- 10:00 a.m. Appropriations timates for fiscal year 1999 for the De- Appropriations Commerce, Justice, State, and the Judici- partment of Veterans Affairs, and Agriculture, Rural Development, and Re- ary Subcommittee cemeterial expenses for the Army. lated Agencies Subcommittee To hold hearings on proposed budget es- SD–138 To hold hearings on proposed budget es- timates for fiscal year 1999 for the Su- Appropriations timates for fiscal year 1999 for the Food preme Court, and the Judiciary. Legislative Branch Subcommittee and Nutrition Service, Department of S–146, Capitol To hold hearings on proposed budget es- Agriculture. timates for fiscal year 1999 for the Ar- SD–138 MARCH 17 chitect of the Capitol, the General Ac- Appropriations 9:00 a.m. counting Office, and the Government Commerce, Justice, State, and the Judici- Agriculture, Nutrition, and Forestry Printing Office. ary Subcommittee To resume hearings on proposed legisla- S–128, Capitol To hold hearings to examine proposals to tion authorizing funds for child nutri- 10:00 a.m. prevent child exploitation. tion programs, focusing on the Women, Appropriations SD–192 Infants, and Children (WIC) program. Commerce, Justice, State, and the Judici- Armed Services SR–332 ary Subcommittee SeaPower Subcommittee 9:30 a.m. To hold hearings on proposed budget es- To hold hearings on proposed legislation Appropriations timates for the Federal Communica- authorizing funds for fiscal year 1999 Energy and Water Development Sub- tions Commission, and the Securities for the Department of Defense and the committee and Exchange Commission. S–146, Capitol future years defense program, focusing To hold hearings on proposed budget es- Appropriations on littoral warfare missions in the 21st timates for fiscal year 1999 for the De- Transportation Subcommittee century. partment of Energy’s environmental To hold hearings on proposed budget es- SR–222 management program. SD–116 timates for fiscal year 1999 for the De- 2:00 p.m. partment of Transportation. Appropriations 10:00 a.m. Appropriations SD–124 Energy and Water Development Sub- 2:00 p.m. committee Agriculture, Rural Development, and Re- lated Agencies Subcommittee Judiciary Antitrust, Business Rights, and To hold hearings on proposed budget es- Competition Subcommittee To hold hearings on proposed budget es- timates for fiscal year 1999 for the De- To hold hearings to examine inter- timates for fiscal year 1999 for the Food partment of Energy, focusing on re- national aviation agreements and anti- Safety and Inspection Service, Animal search and efficiency programs. trust immunity implications. and Plant Health Inspection Service, SD–116 SD–226 Agriculture Marketing Service, and the MARCH 11 Grain Inspection, Packers and Stock- MARCH 24 9:30 a.m. yards Administration, all of the De- 9:30 a.m. Indian Affairs partment of Agriculture. Appropriations To hold oversight hearings on sovereign SD–138 Energy and Water Development Sub- immunity, focusing on contracts in- Appropriations committee volving Indian tribes and alleged dif- Commerce, Justice, State, and the Judici- To hold hearings on proposed budget es- ficulties in collecting state retail ary Subcommittee timates for fiscal year 1999 for the taxes. To hold hearings on proposed budget es- Corps of Engineers, and the Bureau of SH–216 timates for fiscal year 1999 for the Reclamation, Department of the Inte- 10:00 a.m. United Nations. rior. Appropriations S-146, Capitol SD–116 Defense Subcommittee 10:30 a.m. To hold hearings on proposed budget es- Appropriations 10:00 a.m. timates for fiscal year 1999 for the De- Foreign Operations Subcommittee Appropriations partment of Defense, focusing on Navy To hold hearings on proposed budget es- Agriculture, Rural Development, and Re- and Marine Corps programs. timates for fiscal year 1999 for foreign lated Agencies Subcommittee SD–192 assistance programs, focusing on inter- To hold hearings on proposed budget es- timates for fiscal year 1999 for the MARCH 12 national narcotics. SD–124 Farm Service Agency, Foreign Agricul- 9:00 a.m. tural Service, and the Risk Manage- Agriculture, Nutrition, and Forestry MARCH 18 ment Agency, all of the Department of To hold hearings on proposed legislation 9:30 a.m. Agriculture. authorizing funds for child nutrition Appropriations SD–138 programs. Labor, Health and Human Services, and Appropriations SR–332 Education Subcommittee Transportation Subcommittee 9:30 a.m. To hold hearings on proposed budget es- To hold hearings on proposed budget es- Appropriations timates for fiscal year 1999 for the De- timates for fiscal year 1999 for AM- VA, HUD, and Independent Agencies Sub- partment of Labor. TRAK, focusing on the future of AM- committee SD–138 TRAK. To hold hearings on proposed budget es- Veterans Affairs SD–192 timates for fiscal year 1999 for the De- To hold joint hearings with the House 10:30 a.m. partment of Housing and Urban Devel- Committee on Veterans Affairs to re- Appropriations opment, and the Community Develop- view the legislative recommendations Foreign Operations Subcommittee ment Financial Institute. of the Disabled American Veterans. To hold hearings on proposed budget es- SD–138 345 Cannon Building timates for fiscal year 1999 for foreign E194 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1998 assistance programs, focusing on infec- 10:00 a.m. 10:00 a.m. tious diseases. Appropriations Appropriations SD–124 Defense Subcommittee Defense Subcommittee MARCH 25 To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1999 for Depart- timates for fiscal year 1999 for the De- 9:30 a.m. ment of Defense medical programs. partment of Defense, focusing on Bos- Veterans Affairs SD–192 nian assistance. To hold joint hearings with the House 2:00 p.m. SD–192 Committee on Veterans Affairs to re- Judiciary APRIL 30 view the legislative recommendations Antitrust, Business Rights, and Competi- 9:30 a.m. of AMVETS, the American Ex-Pris- tion Subcommittee Appropriations oners of War, the Vietnam Veterans of To hold hearings to examine competition VA, HUD, and Independent Agencies Sub- America, and the Retired Officers Asso- and concentration in the cable/video committee markets. ciation. To hold hearings on proposed budget es- SD–226 345 Cannon Building timates for fiscal year 1999 for the Indian Affairs APRIL 2 Envrionmental Protection Agency, and To hold hearings to examine Indian gam- 9:30 a.m. the Council on Environmental Quality. ing issues. Appropriations SD–138 SH–216 Labor, Health and Human Services, and MAY 5 10:00 a.m. Education Subcommittee 10:30 a.m. Appropriations To hold hearings on proposed budget es- Appropriations Defense Subcommittee timates for fiscal year 1999 for the Na- Foreign Operations Subcommittee To hold hearings on proposed budget es- tional Institutes of Health, Depart- To hold hearings on proposed budget es- ment of Health and Human Services. timates for fiscal year 1999 for the De- timates for fiscal year 1999 for foreign SD–138 partment of Defense, focusing on Army assistance programs. 10:00 a.m. programs. Room to be announced SD–192 Appropriations Transportation Subcommittee MAY 6 MARCH 26 To hold hearings to examine airline 10:00 a.m. 9:30 a.m. ticketing practices. Appropriations Appropriations SD–124 Defense Subcommittee Labor, Health and Human Services, and APRIL 21 To hold hearings on proposed budget es- Education Subcommittee timates for fiscal year 1999 for the De- 10:30 a.m. To hold hearings on proposed budget es- partment of Defense, focusing on the Appropriations U.S. Pacific Command. timates for fiscal year 1999 for the De- Foreign Operations Subcommittee SD–192 partment of Health and Human Serv- To hold hearings on proposed budget es- ices. timates for fiscal year 1999 for foreign MAY 7 SD–138 assistance, focusing on crime pro- 9:30 a.m. Appropriations grams. Appropriations Treasury, Postal Service, and General Gov- Room to be announced Energy and Water Development Sub- ernment Subcommittee APRIL 22 committee To hold hearings on proposed budget es- To hold hearings on proposed budget es- 9:30 a.m. timates for fiscal year 1999 for the Of- timates for fiscal year 1999 for the Na- Indian Affairs fice of National Drug Control Policy. tional Science Foundation, and the Of- To hold oversight hearings on Title V fice of Science and Technology. SD–192 amendments to the Indian Self-Deter- SD–138 MARCH 31 mination and Education Assistance MAY 11 10:00 a.m. Act of 1975. Appropriations SR–485 2:00 p.m. Agriculture, Rural Development, and Re- 10:00 a.m. Appropriations lated Agencies Subcommittee Appropriations Defense Subcommittee To hold hearings on proposed budget es- Defense Subcommittee To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1999 for the De- timates for fiscal year 1999 for the timates for fiscal year 1999 for the De- partment of Defense. Commodity Futures Trading Commis- partment of Defense, focusing on the SD–192 sion and the Food and Drug Adminis- Ballistic Missile Defense program. MAY 13 tration. SD–192 SD–138 10:00 a.m. APRIL 23 Appropriations Appropriations Commerce, Justice, State, and the Judici- 9:30 a.m. Defense Subcommittee ary Subcommittee Appropriations To hold hearings on proposed budget es- To hold hearings on proposed budget es- Energy and Water Development Sub- timates for fiscal year 1999 for the De- timates for fiscal year 1999 for the De- committee partment of Defense. To hold hearings on proposed budget es- SD–192 partment of Justice’s counterterrorism timates for fiscal year 1999 for the Na- programs. OCTOBER 6 tional Aeronautics and Space Adminis- SD–192 9:30 a.m. tration. Veterans Affairs 10:30 a.m. SD–138 Appropriations To hold joint hearings with the House APRIL 28 Foreign Operations Subcommittee Committee on Veterans Affairs on the To hold hearings on proposed budget es- 10:30 a.m. legislative recommendations of the timates for fiscal year 1999 for foreign Appropriations American Legion. assistance programs, focusing on the Foreign Operations Subcommittee 345 Cannon Building Caspian energy program. To hold hearings on proposed budget es- timates for foreign assistance pro- POSTPONEMENTS SD–124 grams, focusing on Bosnia. FEBRUARY 25 APRIL 1 Room to be announced 10:00 a.m. 9:30 a.m. APRIL 29 Appropriations Indian Affairs 9:30 a.m. Defense Subcommittee To hold oversight hearings on barriers to Indian Affairs To hold closed hearings on proposed credit and lending in Indian country. To resume hearings to examine Indian budget estimates for fiscal year 1999 for SR–485 gaming issues. the intelligence community. Room to be announced S–407, Capitol Monday, February 23, 1998 Daily Digest

HIGHLIGHTS Senator Landrieu read Washington’s Farewell Address. Senate Seth D. Harris, of New York, to be Administrator Chamber Action of the Wage and Hour Division, Department of Routine Proceedings, pages S797–S864 Labor. Page S863 Measures Introduced: Six bills and two resolutions Nomination Withdrawn: Senate received notifica- were introduced, as follows: S. 1663–1668, S.J. Res. tion of the withdrawal of the following nomination: 41, and S. Res. 179. Pages S836±37 John Warren McGarry, of Massachusetts, to be a Measures Reported: Reports were made as follows: Member of the Federal Election Commission for a Reported on Thursday, February 19, during the term expiring April 30, 2001, which was sent to the adjournment: Senate on January 7, 1997. Page S864 S. 1133, to amend the Internal Revenue Code of Messages From the House: Page S832 1986 to allow tax-free expenditures from education Measures Placed on Calendar: Page S832 individual retirement accounts for elementary and secondary school expenses and to increase the maxi- Communications: Pages S832±36 mum annual amount of contributions to such ac- Statements on Introduced Bills: Pages S837±46 counts, with an amendment in the nature of a sub- Additional Cosponsors: Pages S846±47 stitute. (S. Rept. No. 105–164) Page S836 Reported today: Notices of Hearings: Page S850 S. 1668, to encourage the disclosure to Congress Authority for Committees: Page S850 of certain classified and related information. (S. Rept. Additional Statements: Pages S850±63 No. 105–165) Page S836 Adjournment: Senate convened at 12 noon, and ad- Campaign Finance Reform: Senate began consider- journed at 6:15 p.m., until 9:30 a.m. on Tuesday, ation of S. 1663, to protect individuals from having February 24, 1998. (For Senate’s program, see the re- their money involuntarily collected and used for pol- marks of the Acting Majority Leader in today’s itics by a corporation or labor organization, taking Record, on page S863.) action on amendments proposed thereto, as follows: Pages S817±32 Pending: Committee Meetings McCain Amendment No. 1646, in the nature of a substitute. Pages S830±32 (Committees not listed did not meet) A unanimous-consent time-agreement was reached providing for further consideration of the pending SECURITIES LITIGATION REFORM amendment on Tuesday, February 24, 1998, with a Committee on Banking, Housing, and Urban Affairs: vote on a motion to table to occur thereon. Subcommittee on Securities concluded hearings on S. Page S832 1260, to limit the conduct of securities class actions Nominations Received: Senate received the follow- under State law by setting national standards for ing nominations: stocks that are traded on the national markets, after Patrick A. Mulloy, of Virginia, to be an Assistant receiving testimony from Boris Feldman, Wilson, Secretary of Commerce. Sonsini, Goodrich & Rosati, Palo Alto, California; Raymond L. Bramucci, of New Jersey, to be an Richard W. Painter, Cornell Law School, Ithaca, Assistant Secretary of Labor. New York; Michael Morris, Sun Microsystems, Inc., D99 D100 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 1998 Mountain View, California; Mary Rouleau, Con- lington, Virginia; Jay Belsky, Pennsylvania State sumer Federation of America, and John F. Olson, University, University Park; Armand M. Nicholi, Gibson, Dunn & Crutcher, both of Washington, Jr., Harvard Medical School/Massachusetts General D.C.; and J. Harry Weatherly, Jr., Mecklenburg Hospital, Boston; Danielle Crittenden, Women’s County, North Carolina, on behalf of the Govern- Quarterly, Darcy Olsen, Cato Institute, Helen Blank, ment Finance Officers Association. Children’s Defense Fund, Charmaine Yoest, Family Research Council, Robert Rector, Heritage Founda- CHILD CARE SYMPOSIUM tion, all of Washington, D.C.; Ellen Galinsky, Fami- Committee on Labor and Human Resources: Subcommit- lies and Work Institute, New York, New York; tee on Children and Families met to discuss certain Maggie Gallagher, Institute for American Values, child care and parenting issues, receiving testimony Westchester, New York; Wade Horn, National Fa- from Olivia A. Golden, Assistant Secretary for Chil- therhood Initiative, Gaithersburg, Maryland; Heidi dren and Families, Department of Health and Brennan, Mothers at Home, and Brenda Hunter, Human Services; Diane G. Fisher, Terrace Park, both of Vienna, Virginia; Michael Lotito, Society for Ohio, and Anita K. Blair, Arlington, Virginia, both Human Resource Management, Alexandria, Virginia; on behalf of the Independent Women’s Forum, Ar- and Stanley I. Greenspan, Reading, Massachusetts. h House of Representatives Chamber Action CONGRESSIONAL PROGRAM AHEAD Week of February 24 through 28, 1998 The House was not in session. It will next meet on Tuesday, February 24. Senate Chamber On Tuesday, Senate will resume consideration of S. Committee Meetings 1663, regarding campaign finance reform. EDUCATION STANDARDS AND TESTING On Wednesday, Senate will consider the veto mes- IN THE STATES sage to accompany H.R. 2631, disapproving the can- Committee on Education and the Workforce: Held a hear- cellations transmitted by the President on October 6, ing on Education Standards and Testing in the 1997, regarding Public Law 105–45, Military Con- States. Testimony was heard from Terry Branstad, struction Appropriations, 1998, with a vote on the Governor, State of Iowa; Frank Brogan, Commis- message to occur thereon. sioner of Education, State of Florida; Michael Ward, During the balance of the week Senate expects to Superintendent of Public Instruction, State of North continue consideration of S. 1663, regarding cam- Carolina; and public witnesses. paign finance reform, and may consider any execu- tive or legislative business cleared for action. OVERSIGHT INVESTIGATION—TEAMSTERS (Senate will recess on Tuesday, February 24, 1998, ELECTION from 12:30 p.m. until 2:15 p.m. for respective party con- Committee of Education and the Workforce: On February ferences.) 19, the Subcommittee on Oversight and Investiga- tions approved the issuance of subpoenas duces Senate Committees tecum regarding the oversight investigation of the (Committee meetings are open unless otherwise indicated) International Brotherhood of Teamsters election. Committee on Appropriations: February 24 and 26, Sub- f committee on Agriculture, Rural Development, and Re- NEW PUBLIC LAWS lated Agencies, to hold hearings on proposed budget esti- mates for fiscal year 1999, Tuesday, for the Agricultural (For last listing of Public Laws, see DAILY DIGEST, p. D95) Research Service, Cooperative State Research, Education S. 1564, to provide redress for inadequate restitu- and Extension Service, Economic Research Service, and tion of assets seized by the United States Govern- the National Agricultural Statistics Service, all of the De- ment during World War II which belonged to vic- partment of Agriculture, 10 a.m.; Thursday, for the Nat- tims of the Holocaust. Signed February 13, 1998. ural Resources Conservation Service, Department of Agri- (P.L. 105–158) culture, 10 a.m.; SD–138. February 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D101

February 24 and 26, Subcommittee on Commerce, Jus- (FAA) efforts to upgrade the infrastructure that supports tice, State, and the Judiciary, to hold hearings on pro- air transportation in the United States, 2 p.m., SR–253. posed budget estimates for fiscal year 1999, Tuesday, for Committee on Energy and Natural Resources: February 24, the Department of Justice, 10 a.m.; Thursday, for the Subcommittee on National Parks, Historic Preservation, Department of State, 10 a.m.; SD–192. and Recreation, to hold hearings to examine the status of February 26, Subcommittee on Legislative Branch, to the visitor center and museum facilities project at Gettys- hold hearings on proposed budget estimates for fiscal year burg National Military Park in Pennsylvania, 2 p.m., 1999 for the Secretary of the Senate, the Capitol Police SD–366. Board, and the Congressional Budget Office, 10 a.m., February 25, Subcommittee on Forests and Public Land SD–116. Management, to hold oversight hearings on the use of February 26, Subcommittee on Treasury, Postal Serv- speciality forest projects from the National Forests, 10:30 ice, and General Government, to hold hearings on pro- a.m., SD–366. posed budget estimates for fiscal year 1999 for the Treas- Committee on Finance: February 25, to resume hearings ury Department, focusing on law enforcement programs, on proposals and recommendations to restructure and re- 1 p.m., SD–124. form the Internal Revenue Service, including a related February 26, Subcommittee on Defense, to hold hear- measure H.R. 2676, 10 a.m., SD–215. ings on proposed budget estimates for fiscal year 1999 for February 26, Full Committee, to hold hearings to ex- the Department of Defense, 2:30 p.m., SD–192. amine private contracting in Medicare, 10 a.m., SD–215. Committee on Armed Services: February 24 and 25, Sub- Committee on Foreign Relations: February 24, to hold committee on Readiness, to hold hearings on the status hearings on the Administration views on the protocols to of the operational readiness of the U.S. military forces in- the North Atlantic Treaty on Accession of Poland, Hun- cluding the availability of resources and training opportu- gary, and the Czech Republic, 10 a.m., SD–106. nities necessary to meet our national security require- February 25, Subcommittee on International Economic ments, Tuesday at 3 p.m. in SR–301 and Wednesday at Policy, Export and Trade Promotion, to hold hearings on 10 a.m. in SH–216. the implementation of U.S. policy on construction of a February 26, Full Committee, to hold hearings to ex- Western Caspian Sea oil pipeline, 10 a.m., SD–419. amine NATO expansion, 10 a.m., SH–216. February 25, Full Committee, to hold hearings on the Committee on Banking, Housing, and Urban Affairs: Feb- nomination of Robert T. Grey, Jr., of Virginia, for the ruary 25, to hold oversight hearings on monetary policy rank of Ambassador during his tenure of service as of the United States, 10 a.m., SD–538. United States Representative to the Conference on Disar- Committee on the Budget: February 24, to hold hearings mament, 2 p.m., SD–419. to examine what a budget surplus means to social secu- February 26, Subcommittee on East Asian and Pacific rity, 2 p.m., SD–608. Affairs, to hold hearings to examine whether U.S. unilat- February 25, Full Committee, to hold hearings to ex- eral trade sanctions are effective for U.S.-Asia trade pol- amine long term budget projections and issues, 10 a.m., icy, 10 a.m., SD–419. SD–608. February 26, Subcommittee on Western Hemisphere, February 26, Full Committee, to hold hearings to ex- Pease Corps, Narcotics and Terrorism, to hold hearings to amine the success of the national trade strategy from the examine drug trafficking and certification, 2 p.m., perspective of international affairs funding, 10 a.m., SD–419. SD–608. Committee on Governmental Affairs: February 24, to re- Committee on Commerce, Science, and Transportation: Feb- sume hearings on S. 981, to provide for the analysis of ruary 24 and 26, to resume hearings to examine the scope major regulatory rules by Federal agencies, 3 p.m., and depth of the proposed settlement between States At- SD–342. torneys Generals and tobacco companies to mandate a February 26, Subcommittee on International Security, total reformation and restructuring of how tobacco prod- Proliferation and Federal Services, to hold hearings on S. ucts are manufactured, marketed, and distributed in 1495, to strengthen the ability of the Office of Personnel America, Tuesday at 9:30 a.m. and Thursday at 9:45 Management to obtain judicial review to protect the a.m., SR–253. merit system, 2 p.m., SD–342. February 25, Subcommittee on Communications, to Committee on the Judiciary: February 24, Subcommittee hold hearings to examine universal service administration on Technology, Terrorism, and Government Information, issues and the General Accounting Office’s (GAO) report to hold hearings to examine incidences of foreign terror- from February 11, 1998 that declared the schools and li- ists in America five years after the world Trade Center, braries and rural health care corporations illegal, 9:30 9 a.m., SD–226. a.m., SR–253. February 24, Subcommittee on Constitution, Federal- February 25, Subcommittee on Surface Transportation ism, and Property Rights, to hold hearings to examine and Merchant Marine, to hold hearings on proposed legis- whether term limits or campaign finance reform would lation authorizing funds for programs of the Rail Safety provide true political reform, 2 p.m., SD–226. Act, 2 p.m., SR–253. February 25, Full Committee, to hold hearings to ex- February 26, Subcommittee on Aviation, to hold hear- amine incidences of high tech worker shortage and immi- ings to examine the Federal Aviation Administration’s gration policy, 10 a.m., SD–226. D102 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 1998

February 25, Full Committee, to hold hearings on House Chamber pending judicial nominations, 2 p.m., SD–226. Monday, the House was not in session. February 26, Full Committee, business meeting, to consider pending calendar business, 10 a.m., SD–226. Tuesday, the House will meet at 12:30 p.m. for February 26, Subcommittee on Antitrust, Business morning hour and at 2:00 p.m. for consideration of Rights, and Competition, to hold hearings on oversight 10 Suspensions: of the Antitrust Division of the Department of Justice, (1) H.R. 429, NATO Special Immigrant Amend- Focusing on international and criminal enforcement, 2 ments of 1997; p.m., SD–226. (2) H.R. 3116, Examination Parity and Year 2000 Committee on Labor and Human Resources: February 24, to Readiness for Financial Institutions Act; resume hearings to examine the scope and depth of the (3) H. Res. —, Regarding S. 1150, Agricultural proposed settlement between State Attorneys General and Research, Extension, and Education Reform Act of tobacco companies to mandate a total reformation and re- 1997; structuring of how tobacco products are manufactured, (4) H.R. 3120, Designating the Howard C. Niel- marketed, and distributed in America, 10 a.m., SD–430. son Post Office Building; February 25, Full Committee, to hold hearings to ex- (5) H.R. 2766, Designating the Karl Bernal Post amine how to mobilize school and community resources Office Building; during non-school hours, 9:30 a.m., SD–430. (6) S. 916, Designating the Blaine H. Eaton Post February 26, Full Committee, to resume hearings to Office Building; examine the confidentiality of medical information, 9:30 a.m., SD–430. (7) H.R. 2836, Designating the Eugene J. McCar- Committee on Rules and Administration: February 25, to thy Post Office Building; hold oversight hearings on the strategic plan implementa- (8) H.R. 2773, Designating the Daniel J. Doffyn tion including budget requests for the operations of the Post Office Building; Office of the Secretary of the Senate, the Sergeant at (9) S. 985, Designating the Larry Doby Post Of- Arms and the Architect of the Capitol, 9 a.m., SR–30l. fice; and February 26, Full Committee, to hold hearings on S. (10) H.R. 424, Providing for Increased Mandatory 1578, to make available on the Internet, for purposes of Minimum Sentences for Criminals Possessing Fire- access and retrieval by the public, certain information arms. available through the Congressional Research Service web NOTE: No recorded votes are expected before 5:00 site, and to hold oversight hearings on the budget re- p.m. quests for the operations of the Government Printing Of- Wednesday and Thursday, Consideration of H.R. fice, the National Gallery of Art, and the Congressional 2181, Witness Protection and Interstate Relocation Research Service, 9:30 a.m., SR–301. Act of 1997 (Subject to Rule); Committee on Veterans Affairs: February 24, to hold hear- Consideration of H.R. 1544, Federal Agency ings on the nomination of Togo D. West, Jr., of the Dis- Compliance Act (Subject to Rule); trict of Columbia, to be Secretary of Veterans Affairs, 9:30 a.m., SH–216. Consideration of H.R. 2460, Wireless Telephone February 26, Full Committee, to hold joint hearings Protection Act (Subject to Rule). with the House Committee on Veterans Affairs to review Friday, No recorded votes are expected. the legislative recommendations of the Non-Commis- House Committees sioned Officers Association, the Paralyzed Veterans of American, the Jewish War Veterans, the Military Order Committee on Agriculture, February 26, Subcommittee on of the Purple Heart, the Blinded Veterans Association, Livestock, Dairy, and Poultry, hearing to review livestock, the Veterans of World War, I, 9:30 a.m., 345 Cannon dairy, and poultry trade between the United States, Aus- Building. tralia, and New Zealand, 1 p.m., 1300 Longworth. Committee on Indian Affairs: February 25, to hold hear- Committee on Appropriations, February 24, Subcommittee ings on the President’s proposed budget request for fiscal on Agriculture, Rural Development, Food and Drug Ad- year 1999 for Indian programs, 9:30 a.m., SD–562. ministration and Related Agencies, on Farm and Foreign February 26, Full Committee, to hold oversight hear- Agriculture Services, 1 p.m., 2362–A Rayburn. ings on the Bureau of Indian Affairs’ tribal priority allo- February 24, Subcommittee on Labor-Health and cations, 11 a.m., SD–562. Human Service, Education, on Employment and Training Select Committee on Intelligence: February 26, to hold Administration/Veterans Employment, 2 p.m., 2358 Ray- closed hearings on intelligence matters, 2:30 p.m., burn. SH–219. February 24, Subcommittee on National Security, exec- utive, on U.S. Central Command, 2 p.m., H–140 Capitol. NOTICE February 24, Subcommittee on VA–HUD and Inde- pendent Agencies, on Neighborhood Reinvestment Cor- For a listing of Senate committee meetings sched- poration, 10 a.m., and on the National Credit Union Ad- ule ahead, see pages E191–94 in today’s Record. ministration, 11 a.m., H–143 Capitol. February 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D103

February 25, Subcommittee on Agriculture, Rural De- hearing on the tobacco settlement, 10:30 a.m., 2123 Ray- velopment, Food and Drug Administration, and Related burn. Agencies, on FDA, 1 p.m., 2362–A Rayburn. Committee on Education and the Workforce, February 24, February 25, Subcommittee on Commerce, Justice, Subcommittee on Early Childhood, Youth and Families, State, and Judiciary, on Legal Services Corporation, 10:30 hearing on Teacher Training, 10 a.m., 2175 Rayburn. a.m., H–309 Capitol, and on the Secretary of State, 2 February 26, Subcommittee on Employer-Employee p.m., 2358 Rayburn. Relations, to mark up the Fairness for Small Business and February 25, Subcommittee on Foreign Operations, Ex- Employees Act, 10:30 a.m., 2175 Rayburn. port Financing and Related Programs, on Security Assist- Committee on Government Reform and Oversight, February ance, 10 a.m., H–144 Capitol. 24, Subcommittee on Civil Service, hearing and markup February 25, Subcommittee on Labor, Health and of the Federal Retirement Coverage Corrections Act, 10 Human Services, and Education, on Pension Agencies and a.m., 2247 Rayburn. Office of Inspector General (Labor), 10 a.m., and on the February 24, Subcommittee on Human Resources, Employment Standards Administration and Bureau of oversight hearing on ways to improve the federal govern- Labor Statistics, 2 p.m., 2358 Rayburn. ment’s approach to research into the health concerns of February 25, Subcommittee on Military Construction, Gulf War veterans, 10 a.m., 2154 Rayburn. on Army Construction, 9:30 a.m., B–300 Rayburn. February 25 and 26, Full committee hearings on Yah February 25, Subcommittee on National Security, on Lin ‘‘Charlie’’ Trie’s Relationship with the Democratic FY 1999, Navy/Marine Corps Budget Overview, 10 a.m., National Committee and the Administration, 10 a.m., 2212 Rayburn, and executive, on FY 1999, Navy/Marine 2154 Rayburn. Corps Acquisition Program, 1:30 p.m., H–140 Capitol. February 27, Subcommittee on Government Manage- February 25, Subcommittee on Treasury, Postal Serv- ment, Information and Technology, hearing on the fol- ice, and General Government, on Treasury Law Enforce- lowing measure: Government Waste, Fraud, and Error ment, 10 a.m., and 2 p.m., 2359 Rayburn. Reduction Act of 1998; H.R. 2347, Federal Benefit Ver- February 25, Subcommittee on VA, HUD and Inde- ification and Integrity Act; and H.R. 2063, Debt Collec- pendent Agencies, on Consumer Product Safety Commis- tion Wage Information Act of 1997; 10 a.m., 2247 Ray- sion, 2:30 p.m., and on the Consumer Information Cen- burn. ter, 3:30 p.m., H–143 Capitol. Committee on House Oversight, February 26 to continue February 26, Subcommittee on Agriculture, Rural De- hearings on Campaign Reform, 10 a.m., 1310 Long- velopment, Food and Drug Administration, and Related worth. Agencies, on Research, Education and Economics, 1 p.m., Committee on International Relations, February 24, Sub- 2362–A Rayburn. committee on International Operations and Human February 26, Subcommittee on Commerce, Justice, State, and Judiciary, on the Attorney General, 10 a.m., Rights, hearing on Annual Oversight of Refugee Pro- 2141 Rayburn and on the USIA, 2 p.m., H–309 Capitol. grams, Policies, and Budget, 10 a.m., 2172 Rayburn. February 26, Subcommittee on Labor, Health and February 25, full Committee, hearing on U.S. Options Human Services, and Education, on Occupational Safety in Confronting Iraq, 10 a.m., 2172 Rayburn. and Health Administration, 10 a.m., and on GAO, De- February 25, Subcommittee on International Economic partment of Health and Human Services oversight, 2 Policy and Trade, hearing on Multilateral Agreement on p.m., 2358 Rayburn. Investment: Win, Lose or Draw for the U.S., 1:30 a.m., February 26, Subcommittee on Military Construction, 2172 Rayburn. on Congressional and public witnesses, 9:30 a.m., B–300 February 25, Subcommittee on International Oper- Rayburn. ations and Human Rights, to mark up H. Res. 364, urg- February 26, Subcommittee on National Security, on ing introduction and passage of a resolution on the FY 1999 Army Budget Overview, 10 a.m., and, execu- human rights situation in the People’s Republic of China tive, on FY 1999 Army Acquisition Program, 1:30 p.m., at the 54th Session of the United Nations Commission H–140 Capitol. on Human Rights; followed by a hearing on the Peruvian February 26, Subcommittee on Treasury, Postal Serv- Population Control Program, 1 p.m., 2167 Rayburn. ice, and General Government, on the IRS, 10 a.m., 2359 February 26, full Committee, hearing on U.S. Narcot- Rayburn. ics Policy Toward Colombia, 11 a.m., Rayburn. February 26, Subcommittee on VA, HUD and Inde- February 26, Subcommittee on Asian and the Pacific, pendent Agencies, on Court of Veterans Appeals, 2:30 hearing on Shattered Dream, the Uncertain State of De- p.m., and on the Selective Service System, 3:30 p.m., mocracy in Cambodia, 2 p.m., 2172 Rayburn. H–143 Capitol. Committee on the Judiciary, February 25, Subcommittee Committee on Banking and Financial Services, February 24, on Commercial and Administrative Law, to mark up Subcommittee on Domestic and International Monetary H.R. 1704, Congressional Office of Regulatory Analysis Policy, hearing to review the Federal Reserve’s conduct of Creation Act; followed by an oversight hearing on the monetary policy (Humphrey-Hawkins), 10 a.m., 2128 U.S. Department of Justice’s Executive Office for U.S. Rayburn. Attorney, Environment and Natural Resources Division, Committee on Commerce, February 25, Subcommittee on and Executive Office for U.S. Trustees, 10 a.m., 2237 Telecommunications, Trade, and Consumer Protection, Rayburn. D104 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 1998

February 25, Subcommittee on the Constitution, over- February 25, Subcommittee on Forests and Forest sight hearing regarding the Civil Rights Division of the Health, oversight hearing on the Administration’s Forest U.S. Department of Justice 9:30 a.m., 2141 Rayburn. Service Roadless Area Moratorium, 10 a.m., 1334 Long- February 25, Subcommittee on the Constitution, to worth. mark up H.R. 3206, Fair Housing Amendments Act of February 26, Subcommittee on Energy and Mineral 1998, 3 p.m., 2141 Rayburn. Resources, oversight hearing on the Administration’s FY February 25, Subcommittee on Commercial and Ad- 1999 budget request for three agencies within the De- ministrative Law, oversight hearing on Administrative partment of the Interior: Office of Surface Mining, Min- Taxation: The FCC’s Universal Service Tax, 10 a.m., erals Management Service, and the Energy and Minerals 2237 Rayburn. programs of the Bureau of Land Management, 2 p.m., February 26, Subcommittee on the Constitution, over- 1324 Longworth. sight hearing regarding the need for federal protection of February 26, Subcommittee on Fisheries Conservation, religious freedom after Boerne v. Flores, 10 a.m., 2226 Wildlife and Oceans, oversight hearing on the U.S. Fish Rayburn. and Wildlife Service, NOAA, and National Marine Serv- February 26, Subcommittee on Courts and Intellectual ice FY 1999 Budget request, 10 a.m., 1334 Longworth. Property, to mark up the following bills: H.R. 2696, February 26, Subcommittee on National Parks and Vessel Hull Design Protection Act; H.R. 2294, Federal Public Lands, oversight hearing on Fee Demonstration Courts Improvement Act of 1997; H.R. 2281, WIPO Programs—Successes and Failures, 10 a.m., 1324 Long- Copyright Treaties Implementation Act; and H.R. 3209, worth. the Online Copyright Infringement Liability Limitation Committee on Rules, February, 24, to consider the follow- Act, 10 a.m., B–352 Rayburn. ing: H.R. 2181, Witness Protection and Interstate Relo- Committee on the National Security, February 24, and 25, cation Act of 1997; and H.R. 1544, Federal Agency Subcommittee on Military Readiness, hearings on depot Compliance Act, 3 p.m., B–312 Capitol. issues, 2 p.m., 2212 Rayburn on February 24, and 8 February 25, to consider H.R. 2460, Wireless Tele- a.m., 2216 Rayburn on February 25. phone Protection Act, 3 p.m., H–312 the Capitol. February 25, full Committee, executive, a threat assess- Committee on Science, February 25, Subcommittee on En- ment briefing from the intelligence community, 10 a.m., ergy and Environment hearing on the following: Depart- 2118 Rayburn. ment of Energy FY 1999 Budget Authorization Request; February 26, Subcommittee on Military Installations & H.R. 1806, to provide for the consolidation of the Office Facilities, hearing on FY 1999 budget request for mili- of Fossil Energy and the Office of Renewable Energy and tary construction and military family housing of the De- partment of Defense, 10 a.m., 2212 Rayburn. Energy Efficiency of the Department of Energy; and S. February 26, Subcommittee on Military Personnel, 965, to amend title II of the Hydrogen Future Act of hearing on the statuts and effectiveness of the TRICARE 1996 to extend an authorization contained therein, 1 program, 10 a.m., 2118 Rayburn. p.m., 2318 Rayburn. February 26, Subcommittee Military Procurement and February 25, Subcommittee on Space and Aeronautics, the Subcommittee on Military Research and Develop- oversight hearing on FY 1999 Budget Request: The ment, joint hearing on Department of Defense Mod- Sciences at NASA, 10 a.m., 2318 Rayburn. ernization for FY 1999, 2 p.m., 2118 Rayburn. February 26, Subcommittee on Technology, oversight Committee on Resources, February, 24, Subcommittee on hearing on the FY 1999 Administration Request for the National Parks and Public Lands, hearing on the follow- Technology Administration and the National Institute of ing bills: H.R. 2223, Education Land Grant Act; H.R. Standards and Technology, 10 a.m., 2318 Rayburn. 1728, National Park Service Administrative Amendment Committee on Small Business, February 25, hearing on of 1997; and H.R. 2993, to provide for the collection of Reducing America’s Small Business Tax Burden, 9:30 fees for the making of motion pictures, television produc- a.m., 2360 Rayburn. tions, and sound tracks in National Park System and Na- Committee on Transportation and Infrastructure, February tional Wildlife Refuge System units, 10 a.m., 1324 25 and 26, Subcommittee on Public Buildings and Eco- Longworth. nomic Development, hearings on GSA FY 1999 Budget, February 25, full Committee, on the following bills: and related issues, 10:30 a.m., on February 25 and 9 H.R. 2756, Kake Tribal Corporation Land Exchange Act; a.m., on February 26, 2253 Rayburn. H.R. 2812, Unrecognized Southeast Alaska Native Com- February 26, Subcommittee on Aviation, hearing on munities Recognition Act; H.R. 2924, to amend the Issues related to Stolen Airline Ticket Stocks from Travel Alaskan Native Claims Settlement Act to provide for se- Agents, 9:30 a.m., 2167 Rayburn. lection of lands by certain veterans of the Vietnam era Committee on Veterans’ Affairs, February 24, Subcommit- and by the Elim Native Corporation; H.R. 3087, to re- tee on Benefits, hearing on the following bills: H.R. quire the Secretary of Agriculture to grant an easement 3039, Veterans’ Transitional Housing Opportunities Act to Chugrach Alaska Corporation; and H.R. 3088, to of 1997, and H.R. 3211, to amend title 38, United amend the Alaska Native Claims Settlement Act, regard- States Code, to enact into law eligibility requirements for ing Huna Totem Corporation public interest land ex- burial at Arlington National Cemetery, 10:30 a.m., 340 change, 11 a.m., 1324 Longworth. Cannon. February 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D105 Committee on Ways and Means, February 24, Subcommit- Joint Meetings tee on Oversight, hearing on the Treasury Department Report on Innocent Spouse Relief, 2 p.m., B–318. Joint Economic Committee: February 24, to hold hearings February 24, Subcommittee on Trade, hearing on Asia to examine the performance of the International Monetary Trade Issues, 11 a.m., to 1100 Longworth. Fund, 9:30 a.m., 311 Cannon Building. February 25, full committee, to mark up the following February 25, Full Committee, to hold hearings to ex- bills: H.R. 3130, Child Support Performance and Incen- amine the potential for economic terrorist attacks, focus- tive Act of 1998; and H.R. 1432, African Growth and ing on the use of radio frequency weapons, 10 a.m., Opportunity Act, 10 a.m., and to hold a hearing on the SD–106. revenue provisions in the Administration’s FY 1999 Joint hearing: February 26, Senate Committee on Veter- Budget, 1 p.m., 1100 Longworth. ans Affairs, to hold joint hearings with the House Com- February 26, Subcommittee on Health, hearing on As- mittee on Veterans Affairs to review the legislative rec- sessing Health Care Quality, 10 a.m., 1100 Longworth. ommendations of the Non-Commissioned Officers Asso- February 26, Subcommittee on Social Security, hearing ciation, the Paralyzed Veterans of America, the Jewish on the Future of Social Security for this Generation and War Veterans, the Military Order of the Purple Heart, the Next, 1 p.m., B–318 Rayburn. the Blinded Veterans Association, and the Veterans of Permanent Select Committee on Intelligence, February 25, World War I, 9:30 a.m., 345 Cannon Building. executive, briefing on Budget Overview, 2 p.m., H–405 Capitol. D106 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, February 24 12:30 p.m., Tuesday, February 24

Senate Chamber House Chamber Program for Tuesday: After the recognition of four Sen- Program for Tuesday: The House will meet at 12:30 ators for speeches and the transaction of any morning p.m. for morning hour and at 2:00 p.m. for consideration business (not to extend beyond 10:30 a.m.), the Senate of 10 Suspensions: will continue consideration of S. 1663, regarding cam- (1) H.R. 429, NATO Special Immigrant Amendments paign finance reform. of 1997; (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- (2) H.R. 3116, Examination Parity and Year 2000 spective party conferences.) Readiness for Financial Institutions Act; (3) H. Res. ll, Regarding S. 1150, Agricultural Re- search, Extension, and Education Reform Act of 1997; (4) H.R. 3120, Designating the Howard C. Nielson Post Office Building; (5) H.R. 2766, Designating the Karl Bernal Post Of- fice Building; (6) S. 916, Designating the Blaine H. Eaton Post Of- fice Building; (7) H.R. 2836, Designating the Eugene J. McCarthy Post Office Building; (8) H.R. 2773, Designating the Daniel J. Doffyn Post Office Building; (9) S. 985, Designating the Larry Doby Post Office; and (10) H.R. 424, Providing for Increased Mandatory Minimum Sentences for Criminals Possessing Firearms. NOTE: No recorded votes are expected before 5:00 p.m.

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