May 2, 1994 CONGRESSIONAL RECORD-SENATE 8905 SENATE-Monday, May 2, 1994

The Senate met at 3 p.m., and was U.S. SENATE, the Senate floor, on December 6 I wrote called to order by the Honorable PRESIDENT PRO TEMPORE, to the Director, John Magaw, of BATF, DIANNE FEINSTEIN, a Senator from the Washington, DC, May 2, 1994. and asked him to analyze your legisla­ State of California. To the Senate: tion to see if any other firearms might Under the provisions of rule I, section 3, of The PRESIDING OFFICER. Today's the Standing Rules of the Senate, I hereby be banned by that legislation. prayer will be offered by guest Chap­ appoint the Honorable DIANNE FEINSTEIN, a He analyzed it, and in a letter of De­ lain Richard C. Halverson, Jr. Senator from the State of California, to per­ cember 20, returned to me a listing of form the duties of the Chair. some 29 additional weapons that he felt PRAYER ROBERT C. BYRD, fall under your legislation and could The guest chaplain, Richard C. Hal­ President pro tempore. be, and more than likely would be, verson, Jr., offered the following Mrs. FEINSTEIN thereupon assumed banned based on their writing of rule prayer: the chair as Acting President pro tem­ and regulation and the interpretation As we go to pray, it would be fitting pore. of your legislation. to remember that at this very moment, I ask unanimous consent that that Nelson Mandela, the new President of letter and that list be made a part of the African National Congress, is ad­ RESERVATION OF LEADER TIME the RECORD. dressing his people. The ACTING PRESIDENT pro tem­ There being no objection, the letter Let us pray: pore. Under the previous order, the was ordered to be printed in the Almighty God, we who bow to pray in leadership time is reserved. RECORD, as follows: this Senate Chamber stand beneath DEPARTMENT OF THE TREASURY, BU­ words inscribed on the wall which read, REAU OF ALCOHOL, TOBACCO AND MORNING BUSINESS "In God We Trust." Thy divine hand of FIREARMS, providence graciously caused these The ACTING PRESIDENT pro tem­ Washington, DC, December 20, 1993. words to appear before us. And though pore. Under the previous order there Hon. LARRY E. CRAIG, will now be a period for the transaction U.S. Senate, the people of this land have different Washington, DC. understandings of who Thou art in of morning business, with Senators DEAR SENATOR CRAIG: Thank you for your whom we trust, this statement has of­ permitted to speak therein for not to letter dated December 6, 1993, to the Bureau fered the possibility of a national con­ exceed 5 minutes each. of Alcohol, Tobacco and Firearms (BATF). In fession of faith. The Chair, in her capacity as a Sen­ your letter, you inquire about certain fire­ Yet we would not presume upon Thy ator from the State of California, notes arms contained in section 4502(b) of the Vio­ kindness by invoking too lightly this the absence of a quorum. lent Crime Control and Law Enforcement declaration. For we recall quite a dif­ The clerk will please call the roll. Act of 1993 (H.R. 3355) that was passed by the The assistant legislative clerk pro­ Senate in November 1993. You specifically ferent message which appeared on the asked that AFT list any firearms, other than wall of another nation in the palace of ceeded to call the roll. those specifically named, that would be af­ Belshazzar, king of the chaldeans. We Mr. CRAIG. Madam President, I ask fected by this legislation. recall that all the king's wisemen-the unanimous consent that the order for The following firearms appear to meet the astrologers, the chaldeans, and sooth­ the quorum call be rescinded. general characteristics section of the bill: sayers-could not read the writing nor The ACTING PRESIDENT pro tem­ RIFLES make known the interpretation there­ pore. Without objection, it is so or­ AA Arms AR9 semiautomatic rifle of. And that it remained for the great dered. AMT Lightning 25 rifle Hebrew prophet, Daniel, to reveal its Mr. CRAIG. I ask that I may be per­ Auto Ordnance Thompson Model 1927 car- meaning: "Mene": God hath numbered mitted to speak as if in morning busi­ bines (finned barrel versions) thy kingdom and finished it. "Tekel": ness. Calico M100 carbine The ACTING PRESIDENT pro tem­ Colt Sporter Rifle (all variations) Thou art weighed in the balances and Federal XC900 carbine art found wanting. "Peres": Thy king­ pore. Without objection, it is so or­ Federal XC450 carbine dom is divided and given to the Me des dered. The Senator is recognized to Grendel R31 carbine and Persians. speak for up to 5 minutes. Iver Johnson M1 Carbine (version with col­ Gracious Father, let not such words lapsible stock and bayonet lug) Springfield M1A rifle of doom be cast upon this Nation. May ASSAULT WEAPONS the words "In God We Trust" remain PISTOLS the handwriting on the wall for this Mr. CRAIG. Madam President, it is AA Arms AP9 pistol generation. Open our eyes that we may most fortuitous that you are in the Australian Automatic Arms pistol see and believe in Thee, the living God, chair today when I come to put into Auto Ordnance Model1927A5 pistol the Senate RECORD information that American Arms Spectre pistol in whose hands our breath is. Calico Model M950 pistol This we ask in the name of Jesus deals with legislation you and I were Calico Model 110 pistol Christ, whose incarnation revealed the directly involved in last December. It Claridge Hi-Tech pistol (all models) essence of all sacred writings, who is a piece of legislation-an amend­ D Max auto pistol came not to judge but to save. Amen. ment to the Senate crime bill-which Grendel P - 31 pistol bears your name. Heckler & Koch SP89 pistol The Feinstein amendment, a pro­ Wilkinson Linda pistol APPOINTMENT OF ACTING posed amendment in that bill-! should SHOTGUNS PRESIDENT PRO TEMPORE say a portion of that bill, now-by your Benelli M1 Super 90 Defense shotgun The PRESIDING OFFICER. The own words, selectively bans some 19 as­ Benelli M3 Super 90 shotgun clerk will please read a communication sault weapons from being manufac­ Franchi LAW 12 shotgun Franchi SPAS 12 shotgun to the Senate from the President pro tured, distributed, and sold in this USAS 12 shotgun tempore [Mr. BYRD]. market. The above list was compiled from cur­ The assistant legislative clerk read Following that debate and the give­ rently advertised firearms. This list should the following letter: and-take that you and I had here on not be considered to be all inclusive.

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 8906 CONGRESSIONAL RECORD-SENATE May 2, 1994 We trust that the foregoing has been re­ Your continued assistance is greatly appre­ Galil Sniper Rifle, sponsive to your inquiry. If we may be of any ciated. Galil Sporter, further assistance, please do not hesitate to Sincerely, Goncz High-Tech Carbine, contact us. LARRY E. CRAIG, Goncz High-Tech Long Pistol, Sincerely yours, U.S. Senator. Grendel R-31 Auto Carbine, DANIEL R. BLACK, Enclosure. Heckler & Koch PSG-1 Marksman Rifle, (For John W. Magaw, Director). A0-9 Assualt Pistol, Heckler & Koch VP 70Z Pistol, Mr. CRAIG. Then on February 17, I American Arms AKY39 Rifle, Heckler & Koch 91, once again wrote to him because there American Arms AKF39 Rifle, Heckler & Koch 93, appeared in a gun magazine a list of ad­ American 180, Heckler & Koch 94, ditional semiautos that some gun in­ Anschutz Deluxe Model 520/61, Holmes MP- 22, AR-10 Semi-Auto Rifle, Holmes MP-38, terests felt might be banned by your Argientine F ALs, Holmes MP-83, amendment to the Senate crime bill. Armalite AR-180 Sporter Carbine, Intratec Scorpion, That list included 180 different weap­ Armscor Model1600, Intratec TEC-9, ons. Armscor AK-22, Intratec TEC-DC9, The letter that I got in return from Armscorp M-14 Semi-Auto Rifle, Intratec TEC-22, BATF came to me April 1, in which Australian Automatic Arms SAC, Israeli F ALS, they examined the 180-plus different Australian Automatic Arms SAP, Iver Johnson Enforcer Model 3000 Auto, weapons. They subtracted out the 29 Australian Automatic Arms SAR, Iver Johnson PM30HB Carbine, that they had proposed in their Decem­ Australian Automatic Arms SP Hunting Kassnar SA 85M AKM, Rifle, Kassnar SA 85M "Thumbhole AKM", ber 20 letter, and here are his exact Australian Automatic Arms SP-20 Hunting MAC-10 Semi-Auto, words: Rifle, MAC-11 Semi-Auto, The majority of the firearms contained on Australian L1A1 F AL, Micro Uzi Pistol, the enclosure in your letter would be assault Auto-Ordnance Mod 1927A-3, Mini Uzi Pistol, weapons as that term is defined in the Fein­ Auto-Ordnance 1927-J\.5 Pistol, Mitchell AKM, stein amendment. The following firearms on Barrett Light-Fifty, Mitchell AK-22, your list would not be assault weapons. Beretta AR-70 Sporter, Mitchell Galil/22, And they list several, and then go on Beretta SC-70 Carbine, Mitchell Heavy Barrel AKM, to say, "but the majority are and Bushmaster Auto Rifle, Mitchell MAS-22, would be banned by the Feinstein Bushmaster Rifle, Mitchell M-1622, Bushmaster Auto Pistol, Mitchell M-76 Counter Sniper Rifle, amendment." Calico Model 100 Pistol, any M1 Carbine with folding stock, I ask unanimous consent that my let­ Calico Model 900 Carbine, Norinco MAK-90 Rifle, ter, a list of those weapons that I sent Calico Model 951 Tactical Carbine, Norinco MAK-91 Legend Rifle, to him, and the response letter from CETME Rifle, Norinco Officer's Nine Carbine, ..______the Director of BATF be printed in the Clayco AKS Rifle, Norinco RPK Rifle, RECORD. Cobray M-11, Norinco Type 81S Rifle, There being no objection, the mate­ Cobray M- 11/9, Norinco Type 81MGS Rifle, Cobray 9mm Carbine, Norinco Type 84S AK, rial was ordered to be printed in the Cobray Cobray M-12, Norinco Tuype 85S "Bullpup" AK Rifle, RECORD, as follows: Colt AR-15, Noninco Type 86S-7 Rifle, U.S. SENATE, Colt AR-15A2 Carbine, Noninco Type 88SB Rifle, Washington, DC, February 17, 1994. Colt AR-15A2 H-BAR, Olympic Arms Car-9, Attn: JOHN W. MAGAW. Colt AR-15A2-Delta H-BAR, Olympic Arms CAR-15, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, Colt Match Delta H-BAR, Olympic Arms CAR-40, Washington, DC. Colt Sporter Lightweight, Olympic Arms CAR-45, DEAR DIRECTOR MAGAW: Thank you for Colt Sporter Target, Olympic Arms CAR-310, your quick response to my request for a list Commando Arms Carbine, Olympic Arms K-4 AR-15 Rifle, of the firearms that would be banned as a re­ Daewoo Ar110C, Partisan Avenger, sult of the Feinstein amendment to the Sen­ Daewoo AR100, Poly Technologies AK-47/S, ate Crime bill, now Section 4502 of S. 1607. Demro TAC-1 Carbine, Poly Technologies AKS-762, Since you stated your list is not inclusive Demro XF-7 Carbine, Poly Technologies AKS-762 Down Folder, and additional firearms may be added to it, Eagle Arms EA-15 Action Master Auto Poly Technologies AKS-762 Side Folder, could you tell me: Rifle, Poly Technologies M-14/S, 1. Would any of the firearms listed in Ap­ Eagle Arms EA-15 Auto Rifle, Poly Technologies RPKS-74 Assault Rifle, pendix A of the Feinstein amendment (that Eagle Arms EA-15 E1 Carbine, Ruger Mini-1415, is, Section 4510 of S. 1607) be banned under Eagle Arms EA-15 E2 Carbine, Ruger Mini-14 with folder stock, the criteria given in the amendment? Eagle Arms EA-15 E2, H-BAR, Scarab Skorpion Pistol, 2. Did BATF personnel assist in the com­ Eagle Arms EA-15 Golden Auto Rifle, SIGAMT, pilation of Appendix A? 3. Is it possible to develop a comprehensive Egyptian Maadi AKM, SIG PE-57, list of potentially banned firearms? If so, can Egyptian Maadi "Thumbhole AKM", SIG SG 550-2 SP Rifle, you estimate how long it would take to de­ EMF AP-74, SIG SG 550-2 SP Carbine, velop such a list? Encom Mk IV, Smith Enterprises M-15 Semi-Auto Rifle, 4. Would the firearms on the attached list F AMAS Semi-Auto Rifle, Spectre Carbine, be banned? Feather AT-9 Carbine, Spectre DA Pistol, 5. To the extent that the criteria for ban­ Feather AT-22, Springfield Armory SAR-3, ning focus on cosmetic features, do you Feather Mini-AT, Springfield Armory SAR-48 Standard, agree that virtually any firearm on the list Feather SAR-180 Carbine, Springfield Armory SAR-48 Bush Rifle, could be modified (such as by removing a Feather Saturn 30 Rifle, Springfield Armory SAR-48 Heavy Barrel, bayonet lug or flash suppressor) to remove it Federal Model XC-220, Springfield Armory SAR-48 Para, from the definition of banned "assault weap­ Federal XC900 Pistol, Springfield Armory SAR-4800, on"? Federal SC450 Pistol, Springfield Armory M1A Super Match, 6. Please provide me with whatever data Fed Ord M-14 Rifle, Springfield Armory M1A-A1 Bush Rifle, your agency has concerning the number of F.I.C/Franchi Fara Carbine, Springfield Armory BM-59 Italian Model, crimes committed in the last five years with FN-FNC, Springfield Armory BM-59 Alpine Model, each of the firearms restricted by S. 1607. FN "G Series" FALFN-LAR Competition Springfield Armory BM-59 Alpine Para- 7. Please provide me with whatever data Auto, trooper Model, the BATF has concerning the number of FN- LAR Heavy Barrel .308 Match, Springfield Armory BM-59 Nigerian MK IV crimes committed with each of the firearms FN-LAR Model50-63, Model, that are mentioned in your letter, or other FN-LAR Paratrooper Model 50--64, Springfield Armory M-21 Sniper Rifle, firearms of this "type" on which you have Galil AR, Sterling Carbine, not yet reached a decision. Galil ARM, Steyr AUG-SA, May 2, 1994 CONGRESSIONAL RECORD-SENATE 8907 Seet Sweeper Shotgun, modified to remove them from that defini- on March 26 called ''The Issue Is Free­ Striker 12 SE-12 Shotgun, tion. · dom" be printed in the RECORD. SVD "Tiger" Sniper Rifle, As requested, enclosed are the lists of the There being no objection, the speech Universal 100 Carbine, firearms and types of crimes involved that USA8-12 Auto, have been reported to our National Tracing was ordered to be printed in the Uzi Pistol, Center. The lists cover weapons restricted by RECORD, as follows: Uzi Carbine, S. 1607 and those firearms mentioned in our THE ISSUE Is FREEDOM Valmet M-62/S Rifle, previous letter. Also enclosed is an expla­ Anyone listening carefully to President Valmet M-71/S Rifle nation of the crime codes used on the re­ Clinton's State of the Union speech would Valmet M-76 Standard Rifle, quested lists. have noticed something peculiar. Only once Valmet M-78 Rifle, We trust that the foregoing has been re­ was the word "freedom" used. And, it was Valmet M-82 Bullpup Rifle, sponsive to your inquiry. If we may be of any used in the ironic assertion that the Clinton Valmet Hunter Rifle, further assistance, please do not hesitate to health plan "preserves" freedom. Claiming it Weaver Arms Nighthawk, contact us. would preserve the freedom of Americans to Wilkinson "Terry" Carbine, and, Sincerely yours, choose whatever health plan they may de­ XM 231S Semi-Auto Pistol. JOHN W. MAGAW, sire, he left unspoken that he Clinton would Director. severely restrict the number of those plans, DEPARTMENT OF THE TREASURY, BU­ Mr. CRAIG. Madam President, the their doctors and their hospitals. He claims REAU OF ALCOHOL, TOBACCO AND reason I say this is just to lay facts and to provide freedom while promoting an ex­ FIREARMS, frustrations on the RECORD because I, tensive intrusion of the federal government Washington, DC, April 1, 1994. in no way, question the intent or the into private lives and choices. Hon. LARRY E. CRAIG, Unfortunately, this is no singular invasion. U.S. Senate, integrity of the Acting President pro The Democrats have unleashed a multi-fron­ Washington, DC. tempore and the intent of her legisla­ tal attack on freedom. Just consider the DEAR SENATOR CRAIG: This is in response tion. The problem is there is a very Senate actions over the past week. The Sen­ to your letter of February 17, 1994, to the Bu­ real question as to what it does and ate yesterday approved S. 4, the Democrats reau of Alcohol, Tobacco and Firearms does not do. We all know in the busi­ attempt to revive central government plan­ (ATF). In your letter, you inquire about var­ ness of making public policy that once ning through an industrial policy. At the ious firearms that would be banned as a re­ it gets to the agency and the agency same time we were debating this dangerous sult of the Feinstein amendment to the Sen­ interprets through rules and regula­ proposal, the Senate Finance Committee was ate Crime Bill (section 4502 of S. 1607). holding a hearing on the Uruguay Round of The firearms contained in Appendix A of tions, a lot of things can change. trade agreements. Were we discussing the the Feinstein amendment to the Senate Here we have the Director of BATF elimination of trade barriers, the expansion Crime Bill would not be banned under the saying. that, by their initial overview, of free trade? No. The hearing explored how criteria given in the amendment as presently at least 180 more weapons than are pro­ a new world of government subsidies to in­ written. ATF personnel did not assist in the posed in your amendment, by your own dustry would be incorporated into the trade compilation of the list of firearms contained words, could likely fall under the pro­ agreement. in Appendix A. posed ban. · This dubious concept is described as the With respect to your question concerning There is another reason for making "green light" proposal-that is, the inter­ the development of a comprehensive list of this statement. Today, the President national trading community will give a potentially banned firearms, the majority of green light to more government interference semiautomatic firearms could be modified by took issue with this and is making it a in the economy. With all our encouragement the addition of features such as pistol grips, major crusade because there will be a of government industrial planning, can any folding stocks, flash suppressors, etc., such vote in the House in the next few days. one seriously blame the Russian Parliament that their modified configuration would He said, and I quote from a statement from backsliding on their economic reforms? make them subject to the definitions of as­ this morning: This attempt to expunge "freedom" from sault weapon as contained in the Feinstein This is a lay-down, no-brainer issue. the political discourse is the defining issue amendment. Therefore, it would not be pos­ of this decade. The Democratic Party, as the sible to formulate such a comprehensive list. Well, Madam President, my guess is party of the expanding federal state, clearly The majority of the firearms contained on that it is a no-brainer issue or, at least has no desire to promote a free people. Free­ the enclosure in your letter would be assault to date, people who are working the dom cannot exist absent restrictions on the weapons as that term is defined in the Fein­ issue have not studied it enough to de­ powers of the state and bureaucracy. Demo­ stein amendment. The following firearms on termine, as I have argued on this floor, crats represent the interests and its values your list would not be assault weapons: that it has to be a brainer issue or we, of those who live by the state. Their philoso­ Commando Arms Carbine, in fact, take away from law-abiding phy is one of control. A free people is an im­ Feather Saturn 30 Rifle, citizens their right. pediment to the efficient state. It is no won­ F.I.E./Franchi Para Carbine, So I ask the Members of the House to der that they have banished "freedom" from Heckler & Koch VP70Z Pistol, and their philosophy. In its place, they promote Valmet Hunter Rifle. read the RECORD today and the inserts "statism". The Springfield Armory SAR4800, Egyptian I have put in the RECORD before they What about the Republican Party? The Re­ MAADI Thumbhole AKM, Galil Sporter, debate this issue on the floor of the publicans, as reinvigorated by Ronald Norinco MAK-90, and Norinco MAK-91 Leg­ House in the coming days. It is a criti­ Reagan fourteen years ago, seemed rededi­ end rifles are modified versions of semiauto­ cal and necessary issue that we under­ cated to freedom. Let me quote a defining matic rifles listed in the Feinstein amend­ stand what all this is about. message for the Republicans. "We are a na­ ment. Therefore, we are uncertain of their tion that has a government-not the other status under the amendment. way around. And this makes us special The following firearms contained on your SPEECH OF SENATOR MALCOLM among the nations of the earth. . .. It is list cannot be positively identified; there­ WALLOP time to check and reverse the growth of gov­ fore, we are unable to comment on their sta­ ernment which shows signs of having grown tus under the Feinstein amendment: Mr. CRAIG. Madam President, let me beyond the consent of the governed ... It is A0-9 Assault Pistol, broach one very brief additional sub­ not my intention to do away with govern­ Micro Uzi Pistol, ject for an enclosure in the RECORD. ment. It is, rather, to make it work-work Mini Uzi Pistol, As you know, our colleague from Wy­ with us, not over us; to stand by our side, Universal100 Carbine, and oming, MALCOLM WALLOP, will be retir­ not ride on our back. Government can and XM 231S Semi-Auto Pistol. ing from the Senate at the end of this must provide opportunity, not smother it; You also asked if virtually any firearm on session of Congress. He has been a tre­ foster productivity, not stifle it ... " the list of assault weapons could be modified mendous leader for all of us, a very These words, spoken by Ronald Reagan in by eliminating the bayonet lug, flash sup­ loud, clear voice for Western issues and his first Inaugural address, are an pressor, or other accessories to remove the embarrasing reminder of what Republicans firearm from the definition of a banned or for conservative principles, and I ap­ could stand for. Could, but as often as not do assault weapon. The vast majority of the plaud him for his leadership over the not, any more. Today, too many Republicans firearms meeting the definition of assault years. prefer to be Democrat Lite. As any beer con­ weapon as contained in paragraphs (B), (C), I ask unanimous consent that a noisseur can tell you, Lite is a tasteless, re­ and (D) of the Feinstein amendment could be speech that he gave to Cato Institute pugnant concoction. 8908 CONGRESSIONAL RECORD-SENATE May 2, 1994 The task of conservatives is to challenge that power and wealth in America was dis­ will be anonymous. No Senator will have the Republican party to return to its true torted. Yet, by the end of the Progressive voted for them, yet all Americans must principles rather than trying to mirror era, power was even more concentrated in abide by them. No one will be accountable, Democrats. The alternative is corruption. the federal government, and the income of because no one will be responsible. The issue is corruption. Never has govern­ the average American had not improved. The message of liberty and freedom does ment been more corrupt. No, not more venal While the Progressives tried to subdue the not need shaping-it needs amplifying and nor dishonest but corrupted by anonymity robber barons of commerce and trade, they implementing. But more importantly, we and uncontestable power. Government themselves became the robber barons of per­ must do more than talk. We have had reaches every life big and small. How ironic sonal liberty. It was not until the 1920s that enough-no, we have had much too much-of that we, a free democracy, won the Cold War incomes improved-a period in time when politicians, Republican and Democrat alike, against Communism, but now seem incapa­ free market ideas flourished, and govern­ who espouse conservative rhetoric while en­ ble of preventing the growth of powerful cen­ ment interference was subdued. This period acting liberal policies. George Bush's Clean tralized government-and even seem to em­ of growth, of course, crashed to a halt when Air Act and Civil Rights Act and Americans brace its concept-here in America. Congress imposed new trade tariffs in 1929. with Disabilities Act and tax increases were The Democratic Party and the threat of It would be wise for conservatives to revive not the policies of conservative government. big government is hardly a recent problem. the idea that even when we are the govern­ They were the policies of more government. It did not begin with Clinton or Carter, LBJ ment, government must be the enemy. Its Statist, elitist and commanding, and Bill or FDR. We must go back to the turn of the very nature is subsuming and must be con­ Clinton is no new Democrat! He is a big gov­ century, and another Roosevelt, Teddy, as fronted on principle. One of my favorite ob­ ernment Democrat. the source of the modern welfare state. The servations by Alexis de Tocqueville, de­ Government, in the past six years, has Progressive era created the desire for gov­ scribes this predicament: crossed a threshold beyond the managing of ernment intervention. It was inspired by a "After having thus successfully taken each our economy and meddling in our lives to real problem, namely how would a rapidly member of the community in its powerful which we have unfortunately become accus­ industrializing society maintain a represent­ grasp, and fashioned him at will, the su­ tomed. We are faced today with a virtually ative g-overnment that promotes the com­ preme power then extends its arm over the socialistic administration reaching for un­ mon welfare. whole community. It covers the surface of precedented government intervention into Rather than relying on the principle of society with a network of small complicated every aspect of each of our lives. freedom based on federalism and free mar­ rules, minute and uniform, through which Today the new embrace of government de­ kets, Progressives turned to expanding the the most original minds and the most ener­ mands we foreswear liberty in exchange for federal government. The first step was to getic characters cannot penetrate, to rise safety, education and health. Freedom is sac­ utilize the Commerce Clause in the Constitu­ above the crowd. Thus will of man is not rificed for the promise of security. tion to expand the powers of Congress. Such shattered, but softened, bent, guided; men Loo at the administration's three principle contemporary failures as the Superfund pro­ are seldom forced by it to act, but they are efforts: gram and such modern burdens as the Ameri­ constantly restrained from acting: such a 1. National education bill-goals 2000 cans with Disabilities Act owe their genesis power does not destroy, but it prevents exist­ 2. National crime bill-federalizing both to an expanded reading of the Commerce ence; it does not tyrannize, but it com­ the police and courts Clause. It has meant that Congress could presses, extinguishes, and stupefies a people, 3. National health care regulate, could mandate, nearly anything­ 'til each nation is reduced to be nothing bet­ While believing government has failed to and, unchallenged, it has. The Progressives were inspired. As Samuel ter than a Dock of timid and industrious ani­ adequately perform its appropriate tasks, an Elliot Morrison states in his History of mals, of which the government is the shep­ ever-increasing majority of Americans views America, the Progressives "looked forward herd.'' government as an out-right adversary; in to a 'welfare state' controlled by Congress True conservatives have a clear message. fact, we fear it. Rather than seeing govern­ but staffed by an intelligent and dedicated We must resist the promise of comforts de­ ment as a protector of our rights, we seek to bureaucracy." Even back then Republicans livered by a powerful state in exchange for hide from it lest it take notice of us and lost their bearings. The Republican Roo­ bits of liberty easily ceded and virtually deny even more. sevelt created the Cabinet Departments of unrecapturable. An all powerful state will Bill and Hillary Clinton today Commerce and Labor. His Republican succes­ casually but cruelly exercise its power and unapologetically promote the-bigger-is-bet­ sor, William Howard Taft, promoted the 16th often seems to be of service when doing so. ter ideology of government rejected by the Amendment to the Constitution-the federal (To use an odd exampl&-Mississippi les­ American people. Clinton advocates pro­ income tax. That is the kind of mischief that bians, Waco cults, Northwest supremacists.) grams which Americans adamantly oppose. results when political parties compete to The corruption of statism goes hand in and governs amidst swirling accusations of promote statism. hand with the growing anonymity of power, unethical and amoral personal conduct. Yet The result is best summed up by a 1917 Su­ of politics. Members of Congress continually he remains relatively popular. Why? preme Court decision. Coming at the end of vote to give vast amounts of power to the While not agreeing with where he is going, the Progressive era, the court declared federal bureaucracy. Broad policy goals are Americans perceive that he is at least lead­ "there can be nothing private or confidential written into statute. The Occupational Safe­ ing. That leadership is contrasted to an op­ in the activities and expenditures of a car­ ty and Health Act, passed in 1970, is only a position party which knows little but the rier engaged in interstate commerce." few pages long. It delegates to the bureauc­ "me-too" Republicanism of compromise and We can see a straight line of that thinking racy extensive police and regulatory powers. conciliation. Whatever new proposals the down to today. The attitude is afoot that the Bureaucrats set workplace health standards Clintons' offer, Republicans want just a lit­ federal government can interfere in the ac­ based on questionable or non-existent risk tle less of the same. Senator Lauch Faircloth tivities of any individual engaged in any pri­ assessment. Americans spend S47 million per of North Carolina described this tendency vate enterprise. individual to reduce suspected health expo­ with his usual insight: "if the Democrats in­ While some turn of the century Repub­ sures. Fines are imposed, costs mandated troduced a bill to burn down the Capitol, licans aided and abetted the birth of this and no one can be found who voted to do we'd offer a compromise to phase it in over statism, we find today that many Repub­ this. Other laws are equally vague and bur­ three years.'' licans, some who even claim to be conserv­ densome. The task for us, as conservatives, is as atives, continue to promote big government. Look at the Americans with Disabilities clear as our message. Good government is George Will has written about the corrupting Act. That is a gold mine for bureaucrats self-government. Self-government is not effect of big government. But he disdains writing the regulations required or desired, anonymous. The people are ready even if what he calls "pillage and burn conserv­ and lawyers looking for fees love it-Ameri­ their leaders are not. The people are stirring. atism", something he finds "unlovely." His cans fail in front of it. As I found out several And I tell you that as the Republican party problem, the problem of too many Repub­ days ago, small communities in my state was born from the ashes of the Whigs so to licans, is that we assumes big, and perhaps cannot or are not even allowed to resurface can a new party rise from the ashes of a bigger, government is here to stay and that a road because it requires curb ramps to be party refusing to confront the defining issue the only question is who will rule it. They installed simultaneously. of the day-American liberty. are wrong. Disdain for modern big govern­ Much has been made about the 1300 pages Last month National Review kindly pub­ ment is wise, patriotic, and even lovely. Al in the Clinton Health Act. It is long simply lished an article I wrote entitled "Can the Gore and George Will agree on reinventing because it seeks to totally restructure and GOP take America Back?" The responses I government without realizing that Ameri­ regulate one seventh of our economy. The received from NR's readers suggest that cans don't want it to be better able to deny original Medicare Act was less than one hun­ Americans hunger for conservative leader­ them liberty. dred pages. Even with the 1300 pages, the reg­ ship. Let me remind you that the roots of our ulatory authority given to the bureaucrats In my article, I enumerated broad philo­ problem, the Progressive reformers, argued will be enormous. The regulations they enact sophical guidelines for conservative action: May 2, 1994 CONGRESSIONAL RECORD-SENATE 8909 cut taxes, stop thinking of entitlements as from Dr. Hayek: "By giving the government ministration that Congress has not rights, privatize rather than further socialize unlimited powers the most arbitrary (and I been consulted properly over the con­ medicine, de-regulate everywhere, end fed­ would add 'anonymous' and 'corrupting') tinuing refinement of United States eral and judicial tyranny over the states, re­ rule can be made legal, and in this way a de­ store personal responsibility, abolish racial mocracy may set up the most complete des­ arms sales policy toward Taiwan. and other special preferences, restore control potism imaginable." This congressional statement reflects of education to parents, curb crime, restore my concern and the concern of many of communal moral standards. my colleagues over China's military Do we need a federal Department of Edu­ TAIWAN RELATIONS ACT modernization, its increased military cation? It has squandered over $400 billion in AMENDMENT spending, and its territorial claims. its 20 years of existence-yet educational Mr. MURKOWSKI. Madam President, The increased threat from China is achievements have plummeted. It should be real. China is the only declared nuclear abolished, and control of schools should re­ today the State Department authoriza­ power increasing its defense budget an~ turn to the local level. That is one way to tion bill has been sent to the President circumvent those who oppose school choice. for his signature. I rise to speak about military capabilities-an estimated 22 Welfare should be returned to the states as a particular provision of that bill, sec­ percent increase over last year. China a block grant. And, the crime bill should, I tion 531, because it is an important also reaffirmed its right to use force reluctantly conclude, not be passed. statement on United States policy to­ against Taiwan in its white paper on While Congress tries to address the crime ward Taiwan. the Taiwan question last summer. issue with greater federal mandates and con­ Back in July of last year, I added an Section 531 of the State authoriza­ trols, the destruction of the family and amendment to the State Department tion bill calls on the President to as­ moral values, coupled with the revolving sess changes in PRC capabilities and jail-and-court house door, remain the real bill that reaffirmed the primacy of the problem today. Borrowing from my friend Taiwan Relations Act, as the law of the intentions on a regular basis in consid­ Bill Bennett's concise analyis, welfare and land, over the 1982 Joint United States­ ering whether it is appropriate to ad­ illegitimacy are the root cause of our crime China Communique-the Shanghai just arm sales to Taiwan. The language problem today: undisciplined groups of Communique-a statement of policy. of the amendment makes clear that the unsocialized males allowed to run amok un­ This amendment passed the Senate United States Congress is committed supervised in our neighborhoods. Conserv­ Foreign Relations Committee by a 20- to providing Taiwan the defensive atives ought to be for more than just locking to-0 vote. means necessary to ensure its safety. up the criminals. We must embrace basic My intent in pushing for this amend­ values and demand good citizenship. Fix the I would remind this body that the welfare problem, and you have made a giant Taiwan Relations Act was passed back ment was to point out the inconsist­ step toward solving the crime problem. in 1979 by a greater than two-thirds ency between telling the Taiwanese We must start, now, to question the vote of each House. It is the corner­ that we will provide for their defensive premise of each governrnen t program and ac­ stone of our relationship with Taiwan. needs, but then arbitrarily limiting tivity. Every government program, existing The Shanghai Communique, on the what we would sell them. I am refer­ or proposed, should be judged against a sim­ other hand, was the result of Executive ring here to the so-called "defense ple standard: communications that were never rati­ bucket." As a result of the Shanghai (1) does it restrict or increase the growth Communique, the "bucket" of defen­ of government? fied by this body. (2) Does it expand or deny personal liberty? Last week, the House and Senate sive articles and defensive services to (3) Will it create or diminish economic conferees accepted a substitute of my Taiwan has been declining-from about growth? original amendment in the form of a $820 million in 1982 to approximately (4) Will it foster or deny America's tradi­ statement of Congress that retained $580 million in 1993. tional values? the intent of the original language to The TRA is explicit that the nature (5) Will it ensure or diminish Americans' reaffirm the primacy of the Taiwan Re­ and quantity of defensive arms trans­ security? lations Act [TRA] over statements of ferred to Taiwan would be based solely The very premise of a government program policy. I believe this amendment is upon the judgment of the President or proposed activity is flawed, and it should and the Congress of the needs of Tai­ either be abolished or it should not be cre­ also significant because it reasserts ated unless in each instance the basic inter­ Congress' role, together with that of wan. Thus, whether we are talking est of a free people lies first. the President, in determining the ex­ about sales of United States manufac­ These may well be radical proposals inside tent of defensive arms sales to Taiwan. turing equipment on third-country the Beltway, but they are mainstream to To understand the intent of the con­ ships in the Taiwanese Navy or ballis­ main street America. If you doubt that, just gressional statement, I think it is im­ tic missile systems, the decision must look at the popularity today of Rush portant to look at the relevant lan­ be based on Taiwan's needs, and not on Limbaugh and the burgeoning circulation of guage of the TRA and the Shanghai arbitrary principles. conservative publications. Even in the hot­ I am pleased that Secretary of State bed of liberalism of Washington, D.C., Communique: G. Gordon Liddy has a successful conserv­ Section 3(a) of the TRA says: Warren Christopher sent me a private ative radio talk show and Armstrong Wil­ The United States will make available to letter, as part of our discussion of this liams attracts both black and white to con­ Taiwan such defense articles and defense amendment, which reaffirms the ad­ servatism. services in such quantity as may be nec­ ministration's commitment to the pro­ Conservatives have the right message for essary to enable Taiwan to maintain a suffi­ visions of the TRA, including acknowl­ the American people. And today, more than cient self-defense capability. edging the TRA 's legal precedence over at any time in recent years, we have a Section 3(b) says: the Shanghai Communique. unique opportunity to find new ways of con­ The President and the Congress shall de­ But, Madam President, more changes veying that message, of reframing the de­ are needed in United States policy to­ bate. We have innovative and creative termine the nature and quantity of such de­ fense articles and defense services based ideas-and ideas do have consequences. Lead­ ward Taiwan. This country must treat ers of courage and principle can put our solely upon their judgments of the needs of Taiwanese with the respect she de­ Taiwan* * * ideas into practice and the state put into re­ serves as the world's 14th largest econ­ treat. In the Shanghai Communique, on the omy and the United States' 6th largest Government was not meant to possess us, other hand, the administration trading partner. Taiwan also holds the rule us, encompass us, judge for us, sub­ pledged: world's largest foreign reserves. Tai­ stitute for us. It was meant to serve us. We To reduce gradually its sales of arms to wan is a dependable friend to the Unit­ were founded as a noble self governing tribe Taiwan, leading over a period of time to a ed States and a good International citi­ of free peoples respecting each other as final resolution. americans under God- not under Washing­ zen. ton. Americans know this even if their gov­ The language adopted by the con­ Many United States policies are sim­ ernment does not. ferees simply reasserts the primacy of ply out of date, out of line with the Since we are meeting in the F. A. Hayek domestic law over nontreaty under­ practice of our major European allies, Auditorium, let me conclude with a quote standings, and gives notice to the ad- and out of touch with current realities 8910 CONGRESSIONAL RECORD-SENATE May 2, 1994 in East Asia-including the fact that Department bill, section 508, urging the nating the statutory requirement for a Taiwan and the PRC are themselves ex­ President to send Cabinet-level ap­ Burdensharing Ambassador would send changing citizens and trading, and that pointees to Taiwan and to take other exactly the wrong signal to the allies. Taiwan has invested over $10 billion in steps to show clear United States sup­ I was concerned that at a time when the PRC. port for Taiwan both in our bilateral the allies ought to be doing more to de­ I would like to share with you a few relationship and in multilateral orga­ fend our collective security, eliminat­ examples of policies that should be nizations such as the GATT and the ing the position would indicate that changed. United Nations. the United States is placing less of a First, the administration should Madam President, I have been told priority on the issue of burdensharing. change the policy prohibiting high­ that the administration is conducting I was concerned that it would under­ level contacts with Taiwanese officials. an interagency review of its Taiwan mine our Government's efforts to en­ The current lack of high-level ex­ policy. I have been told that this inter­ sure the allies will make good on com­ changes is unnecessary and particu­ agency review has been going on since mitments to provide compensation for larly hypocritical by the Clinton ad­ at least last July. I hope that the ad­ the value of the investment America ministration. For example, last week it ministration will listen to these rec­ has made in the military infrastruc­ is reported that President Clinton ommendations as they finalize their-re­ ture as we withdraw from Europe. dropped in on a meeting in the White view. I know that many of my col­ Madam President, the Burdensharing House between Vice President AL GORE leagues would support these changes, Ambassador preserved by this bill will and Tibet's exiled leader, the Dalai and I ask my colleagues to commu­ be responsible for ensuring that the al­ Lama. This week, Hong Kong's Chief nicate their views directly to the ad­ lies pay us for the infrastructure we Secretary, Mrs. Anson Chan, paid offi­ ministration. leave behind as we close military bases cial visits to the State Department and Before concluding, I would like to and withdraw our troops from Europe. the National Security Council. In addi­ thank my colleagues on the Senate With the demise of the Soviet Union tion, Yasser Arafat visited the White Foreign Relations Committee, in par­ and the reduced threat of an invasion House earlier this year. None of these ticular Senators PELL and HELMS, for of Western Europe, the Pentagon an­ individuals have official U.S. diplo­ their steadfast support of my amend­ nounced plans to close or reduce our matic status, but in each case the ment at conference. presence at 867 military sites overseas. White House made a policy decision to I would also like to thank National Most are in Europe, where America has have contact because of an important Security Adviser Tony Lake, Ambas­ already closed 434 military sites. These goal that it would help advance. The sador Winston Lord, Congressman closures are part of an overall plan to same rationale should apply to Taiwan. HAMILTON, and their staffs for working reduce United States troop strength in Such a change in policy to allow with me and my staff in reaching an Europe from 323,432 in 1987 to 100,000 by high-level visits has historical prece­ agreement in conference on the lan­ the end of 1996. dence. President Bush sent USTR Carla guage of the substitute amendment. When we close bases in Europe, we Hills to visit Taiwan. I encourage the bring our troops home, but we leave administration to send Secretary of buildings, roads, sewers, and other Commerce Ron Brown or USTR Mickey AMBASSADOR FOR physical improvements behind. This Kantor to Taiwan this summer. The BURDEN SHARING valuable infrastructure, which cost us administration should also allow Tai­ Mr. LA UTENBERG. Madam Presi­ $6.5 billion to build, represents a sig­ wan's economic minister to visit his dent, I am pleased that the conference nificant American investment in the counterparts in the United States. agreement on the State Department The second change that the adminis­ collective security of the West. tration should allow is a change in the authorization bill requires the State Through a series of residual value name of Taiwan's representative office Department to have an Ambassador for agreements, some allies have acknowl­ here. Currently, the Taiwanese who Burdensharing who will be confirmed edged they will inherit all the struc­ conduct nondiplomatic activities here by the Senate and who will focus exclu­ tures we built. As a result, they agreed are forced to live with an acronym sively on burdensharing. I worked with to repay us for what we leave behind. more appropriate for a basketball Senator BYRD and others to ensure Despite those agreements, so far we league: CCNAA, the Coordinating that this important position would not have gotten a lot of talk and very little Council of North American Affairs. be eliminated as part of the State De­ cash. We have recouped only $33.3 mil­ Who could make the connection to Tai­ partment's reorganization effort. lion, less than 1 percent of our initial wan if it you were not told directly. Several years ago, the Congress man­ investment. Most of that money was This is silly, especially for a country dated that the administration create recovered in 1989. that has substantial economic and an Ambassador at Large for Our military drawdown has been trading ties with the United States. Burdensharing. The administration rapid since 1990, but our European al­ Let the Taiwanese change the name to sought to eliminate that position and lies do not appear to be in a similar something that at least identifies its create instead a Special Envoy for hurry to pay us what they agreed to place in the world, such as the Taipei burdensharing. The House version of pay. In Germany, we have already Representative Office in Washington. this bill did in fact eliminate the Am­ withdrawn from over 60 percent of the A third practice that must change is bassador at Large for Burdensharing. military sites slated for closure. Yet the issuance of visas. Currently, when When the Senate considered its ver­ the German Government has only an American gets a visa for Taiwan it sion of the bill, Senator BYRD and I of­ budgeted $25 million this year to com­ bears a Hong Kong stamp. This is an­ fered an amendment to restore the po­ pensate us-when our overall capital other example of a policy that bears no sition. Our amendment was adopted by investment in German bases is almost relationship to any rational policy. the full Senate. $4 billion. To be sure, the amount we More importantly, this is a policy that I am pleased that the conferees pre­ can recover from Germany is subject to absolutely must be changed because of served an Ambassadorial-level position negotiations. The $4 billion capital in­ events. What will we do in 1997 when at the State Department who will focus vestment may not reflect the current Hong Kong reverts to China's control? exclusively on burdensharing. I look value of the facilities. Finally, the administration should forward to Senate confirmation of this The Burdensharing Ambassador will take steps to support Taiwanese mem­ position and to seeing some progress on be intimately involved in these nego­ bership in multilateral institutions, this issue. tiations to get the allies to pay. such as the GATT, APEC, and the Unit­ I understand the State Department's Clearly, collecting this money from ed Nations. desire to simplify and control its own the allies will not be easy. Europe's Senator HANK BROWN and I included a organizational structure. But, at the economies have lagged behind ours. "sense of the Congress" in the State same time, I was concerned that elimi- German citizens are no more eager to May 2, 1994 CONGRESSIONAL RECORD-SENATE 8911 pay America for its military infra­ Mr. CRAIG. Madam President, I sug­ Second, I then took it upon myself to structure than many Americans were gest the absence of a quorum. go out to the Central Intelligence to pay to maintain that infrastructure The ACTING PRESIDENT pro tem­ Agency where I met with a group of for the past 40 years. But, a deal is a pore. The clerk will call the roll. about five individuals who have been deal. The assistant legislative clerk pro­ designated for some extensive period of The Ambassador for Burdensharing ceeded to call the roll. time as the task force on Bosnia. Each will also be tasked with the respon­ Mr. WARNER. Madam President, I day they study every development and sibility of securing increased commit­ ask unanimous consent that the order collect viewpoints from around the ments from the allies for the cost of for the quorum call be rescinded. world and gather intelligence from our maintaining our troops overseas. We The ACTING PRESIDENT pro tem­ own sources. They have put together spent $10 billion last year just to oper­ pore. Without objection, it is so or­ an excellent briefing. I hope Senators ate our forces and maintain military dered. could avail themselves of this briefing, installations in foreign countries, because I found that their depth of mostly in Europe. That does not in­ IMPLICATIONS OF LIFTING ARMS knowledge pointed to a number of is­ clude the substantial cost of paying EMBARGO AGAINST BOSNIA sues which I felt required further clari­ our soldiers and buying their weapons. fication, and I have included them in In fact, in fiscal year 1993, according to Mr. WARNER. Madam President, I this letter. Department of Defense figures, our would like to address the Senate on I next met with members of the De­ NATO Allies paid less than 25 percent two subjects. First, a letter which I am partment of Defense Bosnia task force of the costs of maintaining troops in sending today to the Secretary of State team. Each of the Departments, State, their countries while Japan paid more and an identical letter to the Secretary Defense, and the Central Intelligence than 75 percent. If the European allies of Defense. Both letters contain a se­ Agency, has a team designated to fol­ matched the Japanese contributions, ries of questions relating to the impli­ low this issue full time. the Congressional Budget Office esti­ cations of a lifting of the arms embar­ Then, last, I went over to the Depart­ mates we could save the United States go against Bosnia. ment of State, concluding my briefings taxpayer $9.6 billion over 5 years. The distinguished Republican leader, on this subject with the head of their The NATO Allies have not just failed together with a distinguished group of Balkan conflict group. I am going to to pay for the infrastructure we leave cosponsors, last week put before the urge committee chairmen here and behind. They also refuse to pay for the Senate a bill that would have the effect ranking members and, indeed, the lead­ infrastructure required to keep our of lifting the arms embargo against ership to avail themselves of the brief­ forces at foreign bases today. And the Bosnia. The cosponsors interpreted ings from these three entities. Some cost of that infrastructure is rising. that lifting as possibly being unilateral take different perspectives on this, and The administration wants Congress to for the United States. that I think is very helpful to provoke provide more than $300 million to sup­ First, I commend the Republican a more complete understanding of the port new military infrastructure and leader and each of the cosponsors be­ complications here. projects in NATO countries next year. cause this is a critical issue. It is one By and large, the consensus among Even worse, the money we spend to that should be thoroughly debated by the three entities in the administra­ defend Europe is cutting into our own the Senate and then a vote held. I am tion is that we should not unilaterally military readiness to respond to con­ pleased that their leadership-individ­ lift the embargo. I am inclined to be of flicts, according to Gen. David Maddox, ually and collectively-appears to be that same view, thus far, from my own Commander in Chief, United States bringing this important debate to the independent research. And second, not Army, Europe. Senate for a second time this week. I even lift the embargo in the context of With persistence, our Government hope to participate actively as I did working with our allies. should be able to recoup billions from during the course of the last debate. I reserve judgment on that for a pe­ our NATO Allies. After the Persian I feel very strongly, Madam Presi­ riod of time until we get further into Gulf war, the international community dent-and I speak for myself and I the debate, because if there were a col­ pledged $54 billion to offset costs of think some other Members of the lective judgment with our allies, pri­ U.S. military activities. With a nudge body-that we have not given, either marily Great Britain and France, then from the Congress, our Government individually or through committee I think· it is a matter that should be pressed the Gulf allies until they pro­ work, adequate attention to all of the considered very seriously. I feel this vided every penny. We can and should many ramifications of lifting the em­ way because history is going to record do the same in this case. bargo, and therefore I have set forth in that this embargo in effect tied one Madam President, the Ambassador this letter a series of questions. These arm behind the back of the Moslems for Burdensharing has a big job. I am questions were prompted, first, by a and allowed the principal combatants, pleased the conferees have agreed that meeting in my office last week with the Serbs, to avail themselves of what­ our Government needs to task one indi­ Ambassador Kampelman, Ambassador ever arms they could find throughout vidual to focus exclusively on this Kirkpatrick, Secretary Wolfowitz, and the world. issue. Now that the conference report Secretary Richard Perle, the last two Now, of course, Serbia proper and, in­ has been adopted, I trust that the State previously serving the Department of deed, the Moslems have certain embar­ Department will act aggressively to Defense. goes against them. The United States support this position and the Ambas­ They take a view that this embargo, has a major role in the embargo at sea. sador's efforts to collect the money we first, is not legal, and, secondly, that it However, in my visits with other Mem­ are owed. should be withdrawn. I urge Members bers of this body to certain areas of the Senate to avail themselves of around the Danube, that is a leaky em­ the opportunity to meet with this dis­ bargo as you go inland from the sea. ADOPTION OF CONFERENCE RE­ tinguished group. They are well in­ The sea I think has been fairly effec­ PORT ACCOMPANYING H.R. 2333, formed. As yet, however, I am not in tive. It has been a NATO operation, STATE DEPARTMENT AUTHOR­ concurrence with all of their view­ primarily U.S. Naval Forces. But the IZATION BILL points. Perhaps the legalities are argu­ embargo that is also in the Danube has The ACTING PRESIDENT pro tem­ able that this embargo was not put on not been as effective, in my judgment. pore. The Chair will note for the in a proper manner under international Nevertheless, history will record as RECORD that the conference report on law. To me that is a secondary issue having tied the arm behind the H.R. 2333 was adopted on Friday, April compared with the importance of the Bosnian's back in this tragic conflict, 29, 1994, pursuant to the order of Tues­ implications that would flow from a and therefore I think periodically we day, April 26, 1994. lifting of this embargo. should study-and this is one of those 8912 CONGRESSIONAL RECORD-SENATE May 2, 1994 moments-as to whether or not that those tactics overnight. It takes time. What are the military risks associ­ embargo should be lifted. In so doing, I Our Armed Forces train extensive peri­ ated with air delivery of the new weap­ hope each Member would fully under­ ods of time on the combined arms tac­ ons? There are two airports, Sarajevo stand, and I am gaining a full under­ tic. and Tuzla. I have had the opportunity standing, the far-reaching ramifica­ Next question: to fly into Sarajevo. It is in a basin. tions of the lifting of this embargo. How long would it take for heavy weapons When I was there 18 months ago, it was May I acquaint the Chair with some to be transported to the Bosnian Govern­ literally touch and go. The airport of the questions that I have proposed ment forces? What are the various access closed while I was there for several to both the Secretary of State and the routes and means of delivery? How vulner­ hours. And it periodically closed. It is able are these routes to attack by Serb or Secretary of Defense: other hostile forces? How large a military highly vulnerable to weapons fired If the arms embargo against the Bosnian force would it take to guard and maintain from the hostile forces. So I question Government were unilaterally lifted by the these logistical routes? whether or not heavy military equip­ United States, what impact would such a Maps were spread before me during ment could be flown in by air either to move have on the compliance of otner na­ the Sarajevo airport or the Tuzla air­ tions with the broad range of UN Security the course of these briefings. There are two ports on the Adriatic port. Council-imposed embargoes, such as eco­ But these, again, are questions that nomic sanctions against Serbia and sanc­ which would lend themselves to dis­ tions against Iraq? embarking this heavy equipment, but should be addressed because if-this is Some have argued that the arms embargo then it must travel a considerable dis­ my concern-we consider raising, lift­ against Bosnia is not legally binding, since tance on narrow, winding roads in ing, whatever phrase is used, this em­ the embargo was imposed against the former order to get up to the central part bargo, it is going to be an enormous Yugoslavia, and Bosnia is not a successor where the Moslem forces are located. signal of hope to those Moslem forces state; and because the embargo violates The bridges and the narrow roads are that have fought so bravely and that Bosnia's right of self-defense under Article 51 highly exposed to what we call sapper have taken so many casualties both of the U.N. charter. What is the administra­ among the military and the civilians. I tion's legal opinion on this issue? attack. If the bridge goes out, the road then becomes dysfunctional for an in­ question whether or not we could act As I said, the group that visited me, determinate period of time. So you to raise it and not deliver having raised Ambassadors Kirkpatrick and would have to put in literally a cor­ those hopes. Kampelman, and Secretaries Wolfowi tz ridor, in my judgment, of forces to pro­ Would UNPROFOR troops have to be and Richard Perle, strongly viewed tect this road and then have other withdrawn prior to lifting the arms that the current embargo is illegal. forces available to make immediate re­ embargo? Thus far in my briefings, it is Next question: pairs occasioned by sapper attack. clear to me that they would be at risk How would a unilateral lifting of the arms Next question: How would the Serbs once the decision was made. And, embargo affect our relations with our NATO or other belligerents react in the in­ therefore, they would have to be en­ allies and the Russian Federation? terim period between the announce­ gaged in a retrograde movement to pull Next question: ment of a lifting of the embargo and them into areas where they could be If the arms embargo were lifted. what the transportation of equipment and safe and out of exposed areas that types of weapons would the Bosnian Govern­ training? And that period of time many of them are serving in today. ment forces need to achieve a degree of How long would such a withdrawal weapon equivalence? ranges anywhere, from estimates that are given to me, from 6 weeks to as far take of the UNPROFOR forces? What I constructed this phrase, "degree of as 6 months depending on how com­ would be the consequences of their not weapon equivalence." In current order plicated some of the equipment is. being able to perform the mercy mis­ of battle, the Bosnian Serbs have per­ What are the hostile forces, pri­ sions that they perform today with haps as many as three times the tanks, marily the Serbs, going to do? Sit idly food and medicine? And, indeed, we maybe four times, three or four times by? I am doubtful that that would take read in today's paper of an actual mili­ the heavy artillery pieces as have the place. · tary engagement by UNPROFOR Moslems, so there is a very severe im­ I add other hostile forces because forces. balance. But if we were to equip the there is always a question mark about Would the Serbs likely intercept the Moslem forces with an equal amount of the Croatian forces. From time to time withdrawal of the UNPROFOR forces heavy artillery and tanks, is that for they have been in a state of bellig­ and once again take hostages? purposes of their beginning a more ag­ erency with the Moslems. Currently These are questions that we must an­ gressive role to take back some of their they are operating under an agreement swer. lost territory, or is that what is needed which enables the hostilities to be sus­ Then, what is the likely reaction of to maintain the integrity of the six pended. But agreements in that part of Russia and Serbia proper to a unilat­ safe zones today together with the the world have a very short lifetime. eral lifting of the arms embargo? Is it central part? I do not know. Those are So I think that is an issue. reasonable to assume that they would questions that, in my judgment, need There is also the collateral issue: If come to the assistance of the Bosnian to be asked and answered. we are gqing to assist the Moslems Serbs if the Bosnian government begins Then, of course, such heavy equip­ with rearmament, are we going to as­ to recapture territory in the wake of ment given to the Moslems would re­ sist the Croatians? They, likewise, lifting the embargo? Would the lifting quire, first, maintenance. Considerable have an embargo at the present time. of the embargo now help or hinder ef­ infrastructure is necessitated to main­ In order to get the heavy weaponry forts to achieve a negotiated settle­ tain this heavy military equipment. from seaport into the Moslem terri­ ment to the conflict? I think, most of Training. How do they operate the tory, you have to traverse Croatian us realize there is no military solution weapons? Of course, they depend on the territory. What sort of agreement must to this tragic conflict, a conflict that is origin, but by and large this armed be negotiated with those forces before­ embedded into literally hundreds of force has not had experience with hand? Would part of that agreement be years, if not a thousand years, of strife weapons, such as tanks and major ar­ the lifting of the embargo against Cro­ for the same basic differences of cul­ tillery pieces, of European or U.S. ori­ atia and likewise the willingness to ture, ethnic background, religion. gin. supply their armed forces? Those are important questions. Then, after you learn to operate the If there is an increase in fighting, The ACTING PRESIDENT pro tem­ weaponry, you have to have what we should air power be used against the pore. The hour of 3:30 arrived about 3 call combined arms training. For ex­ Serbs during this period between the minutes ago. Because the Members par­ ample, a tank is very effective when it announced lifting of the embargo and ticipating in the discussion scheduled is employed with infantry, together the transportation of weapons and were not present, I allowed the Senator with artillery, and you do not learn training? to go on. May 2, 1994 CONGRESSIONAL RECORD-SENATE 8913 ORDER OF PROCEDURE REMARKS DELIVERED BY ADM. FRANK B. ARLEIGH BURKE and the GEORGE WASH­ Mr. WARNER. Madam President, I KELSO, II, USN, CIDEF OF NAVAL OPER­ INGTON. wonder if I could inquire of the Mem­ ATIONS, U.S. NAVY CHANGE OF COMMAND, But already, we saw great change on the ANNAPOLIS, MD. horizon. The Berlin Wall had fallen just six bers who were about to initiate the months earlier, and the reforms character­ next phase of Senate business if I could Good morning. Secretary Deutch, Sec­ retary Dalton, General Shalikasvili, Sen­ ized in that era as glasnost and perestroika take another 7 or 8 minutes to intro­ ators Warner and Stevens, Congressman were already reverberating throughout the duce a very important bill on behalf of Hoyer, members of the Diplomatic Corps, my Soviet Union. Here at home, a stalled econ­ the President. fellow service chiefs, Admiral Mike and omy and a growing budget deficit forced us Mr. BRYAN. Madam President, re­ Bettie Boorda, fellow flag officers, men and to take a hard look at our nation's prior­ sponding through the Chair to my dis­ women of the U.S. Navy, and ladies and gen­ ities. On that day in 1990, I said, "We have tlemen. nothing to fear in change," and everything tinguished colleague from Virginia, I that's happened since then has only rein­ would have no objection if that is pro­ I think I'd better get a pin and scratch my­ self, to make sure I'm in the right place this forced my belief in that statement. pounded as a unanimous consent re­ morning. Thank you so very much for your Even then, most of us understood the im­ quest. I would certainly agree. kind words. But when you reach this point in plications of the easing of Cold War tensions Mr. WARNER. Madam President, I time, there are a few people you have to say combined with our nation's pressing domes­ ask unanimous consent that I may pro­ thanks to, because I didn't get here alone­ tic concerns. But few could have easily fore­ ceed as if in morning business for an­ ! got here with a lot of help. First of all, I'd seen either the extent or the sheer speed of other 10 minutes. like to thank every American sailor I ever the changes we would experience during my served with, whoever followed my orders, or watch. The ACTING PRESIDENT pro tem­ Perhaps the most unexpected of all was a pore. Without objection, it is so or­ gave me a suggestion, because, truly, that's what makes our Navy go, and we all owe war eight thousand miles away which ulti­ dered. them so much. So I'll accept these medals mately involved half a million young Ameri­ Mr. WARNER. Madam President, I this morning on behalf of all the young offi­ cans. Their performance, and the success of thank the Chair. I thank the Members. cers and sailors who worked for me. I'd like our weapons systems during the Persian Gulf (The remarks of Mr. WARNER pertain­ to thank my OPNA V staff who supported me conflict validated the wise decisions of my ing to the introduction of S. 2056 are so superbly, the fleet commanders and their predecessors. I knew I had inherited the located in today's RECORD under staffs who kept our Navy running in a period most capable Navy the world has ever seen. of great turmoil. I'd like to thank my fellow My mandate was clear, and that mandate "Statements on Introduced Bills and remains today-to make sure the Navy after Joint Resolutions.") chiefs of the Navy who've come from so many places in the world to join Admiral the next Navy is no less capable. I still be­ Mike Boorda and me today. I'd also like to lieve that the world's remaining superpower thank Admiral Tom Lynch and everyone at is going to need a Navy ready to carry out its mission anywhere our President sends us. U.S. NAVY CHANGE OF COMMAND the Naval Academy for putting this cere­ But I knew that we could not be the best CEREMONY mony on. Tom, I have enormous respect for if we tried to preserve the status quo while your capability and leadership, and want you the world changed around us. And, as always, Mr. WARNER. Madam President, to know that. April 23 marked a momentous day in the men and women of the U.S. Navy rose to I'd like to thank each of you for being here the challenge. Over the last four years, they the history of the U.S. Navy. The U.S. this morning, and sharing this day with have shaken up the old assumptions, and em­ Navy bid a respectful farewell to the Mike and me. I'd like to thank my class­ braced change. They have traded a tradi­ distinguished Adm. Frank B. Kelso II, mates, the great Class of '56. It's been my honor to carry the torch for a good while, tional, independent view of the world for one Chief of Naval Operations. Admiral that promotes consensus and cooperation. Kelso dutifully served nearly 38 years and I'll leave it now to Captain Fred Lippert, And I believe that this willingness to Chief of Orthopedic Surgery at Bethesda, change, to divest ourselves of some old as­ on active duty, during which time he who, I believe, is our last classmate on ac­ exemplified honor, courage, vision, and sumptions, is enabling us to navigate tive duty. I appreciate the efforts of so many through the shoal waters of downsizing, and leadership ability. Admiral Kelso friends and family to come here this morn­ to realize the great opportunities before us served the U.S. Navy through many ing, and I'd like my family to stand up. I'd to improve our capabilities and provide them challenging times, including like you to see them-I'm awfully proud of at a more affordable price. drawdowns, budget reductions, and them. When I look at our Navy today, I see an or­ changes brought by the end of the cold And my last thanks, this morning, will go ganization which has made a strategic leap to Landess. Landess has stood with me of faith, transitioning from Cold War prior­ war. through all these years. She's been my best The occasion of the change of com­ ities to the profoundly different, but very counsel, my best advice-my toughest critic, real challenges we are facing. mand provided us the opportunity to and also the one who pushed me when I was I see a Navy which is more and more an in­ welcome his successor, Adm. Jeremy down the most. And she's kept my hat size tegral player on America's joint war fighting Michael Boorda. As Admiral Boorda about the same-but she hasn't had much team, and with each passing day, I see sail­ commences his tour as the 25th Chief of trouble during this tour of duty in doing ors working more closely with their com­ Naval Operations, he brings with him that. Thank you, my love. It's been a great rades in the Marine Corps, Army, Air Force vast experience. Admiral Boorda has journey, and we're going to have a better one and the Coast Guard. formerly served as the Commander in from now on, too. I see a headquarters staff reduced in size I'd like to say a special word of welcome to by half, and operating more efficiently than Chief, Allied Forces-South, Com­ Mike and Bettie Boorda. Mike's an officer in the past, and I am heartened by the im­ mander in Chief of the U.S. Naval I've known for a long time. I've had just provements we have made in prioritizing and Forces-Europe, and as the principal great respect for him. I have great con­ programming our resources. commander for all NATO air and mari­ fidence in him, and I know he's going to be I see continued strong pride in our warfare time operations in Bosnia and the Navy's great leader as the next CNO. communities, but at the same time a greater Herzegovina. I wish him the best of Mike, it's a pleasure to be here with you and willingness to speak as one Navy. luck in continuing to prepare the U.S. Bettie this morning. I left a couple little I see an organization moving steadily to­ things on the desk for you I thought might ward real equal opportunity, and in opening Navy for the 21st century. be necessary for the job: there's a large bot­ combat duty to women, maximizing our abil­ I would like to take this opportunity tle of Maalox and a cup that says "Budgets ity to get the best qualified person for the to submit remarks delivered at the are for wimps." job. · change of command ceremony for entry But to be serious, when I stood here four I see a Navy which acknowledges that we in the RECORD. I hereby ask unanimous years ago to relieve Carl Trost, American must continue our efforts to diversity our of­ consent that remarks delivered by Ad­ and Soviet sailors still watched each other ficer corps. We must do it today, so the lead­ miral Kelso, Secretary Dalton, General almost every day from a distance, ready to ership of tomorrow reflects every segment of wage war on a moment's notice. The U.S. this society. Shalikashvili, and Admiral Boorda be Navy was recruiting more than a hundred I see Navy leaders-officer, enlisted and ci­ inserted in the RECORD. thousand people a year, and we were well on vilian-<:ommitted to the principle that There being no objection, the re­ our way to a 600 ship fleet. We had just smaller need not mean less capable. marks were ordered to be printed in opened one of our new home ports, in Staten And I see adherence to the tenets of Total the RECORD, as follows: Island, and were preparing to launch the Quality Leadership improving the entire fab-

79--{)59 0-97 Vol. 140 (Pt. 7) 2 8914 CONGRESSIONAL RECORD-SENATE May 2, 1994 ric of our organization, and empowering our The challenges facing our wardrooms and most rewarding experience of my life. When people to become a part of this process of senior enlisted personnel in the days ahead I look out at our leadership today, and par­ change. will be daunting. Instability around the ticularly our young leadership, I see the Finally, I see a climate which encourages globe suggests that the operating tempo of leaders of tomorrow, and I know our Nation and nurtures new ideas, be they from the E our ships and squadrons will remain high for could not be in better hands. Ring or the dec·kplates of our ships. the foreseeable future. But even as we con­ My God bless our Navy, may God bless The men and women who sail those ships tinue to carry out our worldwide commit­ America. are hard at work this morning-they are part ments, we will be executing the plan which of the most ready and capable force we have will get us to the "next Navy." That means REMARKS BY CHAIRMAN OF THE JOINT ClllEFS ever sent to sea. We have a plan, a solid plan some new ships will come on line, older units OF STAFF, GEN. JOHN M . SHALIKASHVILI AT to maintain that readiness, and to lay the retiring, bases we have called home for years THE RETIREMENT AND AWARD CEREMONY FOR keel of the next Navy, the Navy of twenty to closing. Nor can we expect technology to ADM. FRANK B. KELSO thirty years from now. The plan represents a stand still throughout that process. There Secretary Deutch, Secretary and Mrs. Dal­ concerted effort to shape our own destiny, will be new skills to master, changing mis­ ton, members of Congress, members of the but the desire is in the execution, and there sions which we must train for. Diplomatic Corps, Admiral and Mrs. Kelso, are no guarantees. I have all the confidence in the world in Admiral and Mrs. Boorda, distinguished As we strive to build on the strengths of Navy leaders across our ranks to meet these guests, ladies and gentlemen. this great nation, we cannot afford to forget challenges. They are the best, and they have We are here today to two things, each of that national defense is only part of the fantastic material to work with. Today's them full of symbolism and full of emotion equation. There are many legitimate claims sailors cannot be beat. They continue to and each significant to the history of the upon the American taxpayer's dollar, and take on tough assignments at sea and at United States Navy and the Armed Forces of many competing interests for resources, shore stations all over the world. our Nation. First we are here to pay great however much we all share the same goals. They willingly give up comforts and con­ tribute to my very good friend, Admiral Getting through the challenges ahead will veniences enjoyed by their fellow citizens, Frank Kelso, and to honor his vast achieve­ call for unlimited reserves of perseverance and spend months at a time away from home ments over 38 years of truly extraordinary and moral courage. and loved ones. Today, just like 4 years ago, service, and to haul down his flag. And sec­ What are the qualities which will sustain over 40 percent of our fleet is underway and ond, to break Admiral Boorda's flag, thus us during this period? First and foremost operating around the globe. designating him the 25th Chief of Naval Op­ will be our love and devotion to this great And whether they are serving in the Red erations. nation. Equally important will be our loy­ Sea or Arabian Gulf, the Mediterranean or And it is very fitting to celebrate Admiral alty to our service. As those of you here the Adriatic, or off of Somalia, our people Kelso's accomplishments here. Because it is today well understand, we cannot afford to understand the importance of their mission. here, that it all began, across the yard at regard our service as only a job. It is, and al­ They are proud to represent this nation. And Dahlgren Hall, Ensign Frank Kelso grad­ ways has been more than that. It must con­ though they acknowledge that they them­ uated with distinction, graduated with dis­ tinue to be a way of life. selves cannot solve all the world's problems, tinction among the 681 members of the class And while we have always counted among being able to give others the chance for a our ranks tough-minded, colorful individ­ of '56 on cool and cloudy June the 1st, nearly better life is something very meaningful to 38 years ago, years marked by the delicate uals, the greatness of our organization has them. come from our sense of esprit de corps, from balance of the Cold War, marked by war it­ As I stand before you today, I can tell you self, and marked by vast, sweeping changes the efforts of men and women willing to put that the American bluejacket still exempli­ the institution above themselves. to the Navy, our Armed Forces and to the That concept of teamwork is not an out­ fies the idealism and devotion to duty which world at large. moded ideal-it is, in fact, more relevant have made this nation great. In the days When Admiral Arthur Radford, then Chair­ than ever before. But it is not a quality ahead, we will change them as much as we man of the Joint Chiefs of Staff, addressed found in the seabag of every new recruit or ever have, but I have no doubt they have the Frank Kelso's graduating class, he could officer candidate. We must instill that sense right stuff to get the job done. have been predicting Frank's future when he into our people, and work to reinforce the Our senior enlisted leadership, like Master said, " Your future will be challenging and message as they progress throughout their Chief John Hagan, our Master Chief Petty interesting. Undoubtedly, you will witness careers. Officer of the Navy, are dedicated, caring and take part in great events. Now", he went Lastly, we must look to our strength of leaders. They are the backbone of the organi­ on, "the part you play and the contributions character. We must be, and we must be per­ zation, and they have embraced and acceler­ you make will be somewhat designated by ceived to be man and women with an unwav­ ated the change with their ideas. fate, but largely designated by you as an in­ ering sense of honor, integrity and profes­ I am sincerely grateful that we, as a na­ dividual." And for the next 38 years, Frank sionalism. The American people-those who tion, are blessed with leaders like Secretary Kelso lived by these words in one assignment willingly entrust their sons and daughters to Perry, Secretary Deutch, Secretary Dalton, after another. our charge-expect no less from us. and General John Shalikashvili, as well as Beginning with his first duty as the 3d Di­ In recent years, we have often found our­ the committed elected officials who under­ vision Boat Group Officer aboard USS selves in the spotlight, and sometimes the stand these young people I've been talking Oglethorpe, through three sumarine com­ glare is very hard to take, but I am con­ about, along with their comrades in the sis­ mands, his command of Sixth Fleet, through vinced that degree of scrutiny is far more a ter services. They know that these young three 4-star billets, Frank Kelso proved to be blessing than a curse. The keen public inter­ people are the true strength of America's de­ a wise leader, a man of great integrity and est in everything we do comes from the fact fense capability, and if we keep faith with character, a man people follow into battle, a that our fellow Americans, for more than them, they will never let us down. man people trust with their lives. two centuries, have indeed expected from us In conclusion, let me say it has been for This was clear to the world when the men the highest standards of behavior and per­ me an extraordinary privilege to come of age and women of the U.S. Sixth Fleet, under the sonal honor. in the U.S. Navy. Over the course of the leadership of Admiral Frank Kelso, were Notwithstanding our occasional failings nearly thirty-eight years I have spent on ac­ called upon to capture the terrorists who had and foibles, the American people put more tive duty, the men and women who wear this highjacked the Aquille Lauro and killed an confidence in their armed forces than in any uniform have never ceased to impress and in­ American tourist . . . When they were called other public institution. I believe we should spire me. Nor have they failed to sustain my into combat in the Gulf of Sidra and again welcome the closest scrutiny; we must want belief that ours is the greatest Navy and the into the heart of Libya, when Libya was im­ to be held to the highest standards, because greatest nation on the face of the earth. plicated in the bombing of a German disco, our values define u&-they go with the privi­ When I reflect on the sacrifices they make killing an American serviceman and wound­ lege of serving this country. on a daily basis, I am reminded of the words ing scores of other military personnel. In the end, there are no problems we can­ of President Theodore Roosevelt, a leader And it was true as well, during his four not resolve, so long as we are forthright and whose vision for our Navy and nation is still years as Chief of Naval Operations. Admiral honest, committed, and ultimately, do what very relevant today. He said: Kelso has led our Navy through its most is right. Far better it is to dare mighty things, to challenging, difficult period of its recent his­ You who love our Navy as much as I do win glorious triumphs, even though check­ tory. Within months of assuming his new should feel proud of our ability, as an organi­ ered by failure, than to take rank with those role, Admiral Kelso organized the Naval zation, to meet the challenges ahead. I make poor spirits who neither enjoy much nor suf­ force for Operation Desert Storm, the awe­ no claim to predicting the future, but what­ fer much, because they live in the gray twi­ some force whch played such a key role in ever the future holds, the Navy remains for­ light that knows not victory nor defeat. that great victory. ward deployed, relevant and valuable in a Having the opportunity to lead these peo­ As the Armed Forces dealt with the force still changing world. ple over the past four years has been the drawn downs and budget reductions, Frank May 2, 1994 CONGRESSIONAL RECORD-SENATE 8915 Kelso kept the Navy forward looking, reori­ to say that my mom, who is here, and my each other is the essence of being on a team enting to a new role in the rapidly changing dad, who can't be here but is with me any­ and, as Frank said, this is a team. It is what world and reorienting a new doctrine. way, are not just observers at this ceremony we are. It is also the essence of leadership at And throughout his career, Frank Kelso are, instead, full participants in any success all levels from CNO to our newest petty offi­ demonstrated time and again, the deep con­ I might have had. Thanks. All my kids are cer and everybody in between. I'll have lots cern for his people, and the pride and com­ all here, and that's a big thing to say and more to say on this subject in the days passion to continually improve the quality they have always been there for me even ahead. of life for the men and women of the United when I couldn't be there for them because of We have a great Navy. It is great because States Navy. And standing by him with her long deployments or one demanding job after our nation has made it so by giving us the unwavering support was the rest of his team, another. So thanks to all seven of you, and best tools to work with of any Navy in the his wife Landess and his four children, I love you a lot! I'd like to thank Secretary world. But it is great for an even more im­ Tommy, Donald, Mary, and Carrie. Landess, Dalton for nominating me, that's kind of an portant reason, because of its people. The for 38 years, you have stood by Frank understatement. And I will do my best to men and women of our Navy are a reflection through the difficult assignments, the long live up to your expectations, Mr. Secretary. of our society and we come from the most years of one overseas duty after another, I know that you and I and General Mundy wonderful nation in the world so it's no won­ raising your family and enduring the pres­ are going to be a good team and I look for­ der they are so good. but there is even more sures and challenges with your hallmark, ward to getting started. To Secretary to it than that. As great as our nation is, we calm patience. You have shown immense Deutch and to Secretary Perry and General * * * your Navy * * * have the best. We have strength. And you have been a wonderful Shali, thanks for supporting me as well. And smart young people who are with us because friend to the men and women under Frank's thank you especially for your support in my they want to be here. They volunteer to command and to their families. You have last job. What progress we made in Yugo­ serve and they have to meet our standards left your mark ·in our hearts and we will slavia-and it is always fleeting progress­ when they join our ranks. They come to us miss you dearly. was due in large measure to the help, advice, · with high hopes for their own futures and But today as well, we welcome Admiral and guidance you gave. It is a tough time for they quickly learn to care about-and have Mike Boorda and his wife Betty. Admiral people there. Today is a particularly tough equally high hopes for-their Navy and their Boorda comes to Washington after having time, and I know that Admiral Snuffy Smith nation. When I say we have a great Navy, just served-brilliantly, I might add-as is doing a great job and so are the people and we do, I am really saying we have great Commander in Chief of Allied Forces, South from all of the services. Navy people, and we do. in Italy and Commander in Chief of U.S. Admiral Kelso, we had a quick but a very I have many goals in mind as I start my Naval Forces, Europe. And as the principal thorough turnover. And I want to thank you tour as Chief of Naval Operations. And I'll be commander for all NATO air and maritime for making it possible. Thanks also for your working on all of them in the days, weeks, operations near and over Bosnia­ leadership and friendship over the years. Our months, and years ahead. And they're all im­ Herzegovina. entire Navy wishes nothing but the best for portant. But I need to steal an Army recruit­ My association and friendship with Mike you and Landess and the entire family. The ing phrase to tell you of my most important Boorda goes back to our days together in Eu­ benefits of the new policies you've put in goal. That phrase is "be all you can be." On rope and I am most pleased that President place and the course you've set our Navy on February lOth, 1956, a chief petty officer Clinton has appointed him to continue in the for the future as we approach the 21st cen­ started helping me to be all I could be. Lots effort to prepare the Navy for the 21st Cen­ tury has been superb. Thanks my friend and of petty officers, chiefs, officers, and civilian tury. God bless you! leaders too, kept it up * * * Day after day So, on behalf of the Joint Chiefs, we wel­ To the men and women of our Navy an to * * *year after year. Many of you are sitting come you Mike and Betty, and pledge our their families as well . . . thank you! For in this audience. I guess they succeeded. I support while at the same time we congratu­ over 38 years of my career you, and those think I really did become "all I could be." late you, Frank and Landess. Thank you for who preceded you, have been working harder Now I need to pay them back. I'm going to your friendship, and I wish you both contin­ than anybody could have ever expected, do just that and I'm going to do it by taking ued fair winds and following seas. often sacrificing more than anyone should the best care I can of the wonderful men and Thank you very much. ever demand of others, and always making women of your Navy. things turn out well in the end. You, the peo­ Thank you and God bless you all. ADM. JEREMY MICHAEL BOORD A, USN, CHIEF ple of our Navy, are what this is all about. OF NAVAL OPERATIONS, CHANGE OF COM­ Without you nothing is possible and I won't REMARKS AS DELIVERED BY HON. JOHN H. MAND REMARKS forget that. You are the reason I am here and DALTON, SECRETARY OF THE NAVY, ON THE Good morning, Secretary Deutch, Sec­ I won't forget that either. INTRODUCTION OF DEPUTY SECRETARY OF retary Dalton, General Shalikashvili, Admi­ We ask much of you. We need to be sure DEFENSE JOHN DEUTCH ral Kelso, General Mundy-! could go on­ you have what it takes to get the job done. PASSING THE VISION this is about two pages of names, I think I'll I will work as hard as I can to see that you The mark of success for those in positions just stop and say that if you're not a friend get the ships, the aircraft, the systems, and of authority is the vision of the future that of Frank Kelso's, Mike Boorda's or the Unit­ all the other ingredients of a ready Navy so they bequeath to those after them. It is this ed States Navy, you're in the wrong cere­ that, when asked to do the difficult jobs­ vision that allows us to sail a steady course mony. and you will be asked-you can do so in a amidst change and challenge * * * to sail It is our custom in the Navy, when an offi­ safe and effective way and you can win. Sec­ from an era of global confrontation to a cer takes command, that he will make a few retary Dalton and I are pledged to work to­ vastly different world. very brief remarks-certainly not talk about gether and we will achieve that goal. Today we are saying goodby to a bold, vi­ changes-and sit down quickly. And I'm I intend to spare no effort, and I expect and sionary leader of the Naval Service, and we going to do that, but there are a few things require that you spare no effort, toward the are welcoming his successor. The naval ca­ I should say. And Frank there will be one big realization of real, total, equal opportunity reer of Admiral Kelso, like that of his suc­ change now that you're leaving and I'm com­ in our Navy. We have come a long way. And cessor, Admiral Boorda, has spanned the ing in. The podiums are going to be a lot let me say, because there's been a lot of talk height of the Cold War-from the rise of the smaller for the next four years. For the peo­ about it, Frank Kelso brought us a long way Soviet challenge at sea to the collapse of ple in the fran t row, there is an admiral back along that road. Many would say, and I communism and end of the Soviet empire. here somewhere would agree, that we are ahead of much of Both officers have spent a lifetime of long, First, instead of saving it for the end, I society. But that isn't good enough. We want demanding toil in the service of America's want to say right up front how much I appre­ perfection. When we don't get it, and I'm defense. And both have provided a guiding vi­ ciate and love my wife Bettie for her hard sorry to say we won't always get it, then we sion through periods of naval expansion, as work on behalf of the Navy, on behalf of our will react in a fair, appropriately swift, and well as periods of right-sizing. Their eyes family, and on behalf of her husband all always just way. You can count on it. were on the horizon through successive com­ these many years. I wouldn't be here if it My reason for mentioning this should be mands of ships, fleets and joint forces. wasn't for you an I wouldn't want to be here obvious to you, the men and women of our To Chief of Naval Operations Admiral without you. At a moment like this, I have Navy. If you agree with me that people are Frank Kelso fell the task of piloting the to tell you the truth. When we went to Eu­ the most important part of what we do ... United States Navy beyond the Cold War's rope I told Bettie, "its going to be kind of a and I think almost everybody would agree end-a feat akin to sailing beyond the edge quiet tour and I'll probably retire when this with that ... then it should be easy to see of the known world. Many were the chal­ is over and you'll see a lot of me for the next that we require, that we need to require and lenges he faced in dealing with new strategic few years," and then there was Yugoslavia. permit-let me say that again, require and and social issues. His legacy as Chief of I'm not even going to lie to you this time­ permit-every single person on our team to Naval Operations will be lasting. The devel­ I'll see you in about four years. I also want achieve their personal best. Taking care of opment of a new strategic vision "* * * From 8916 CONGRESSIONAL RECORD-SENATE May 2, 1994 the Sea", the full integration of women, the In conjunction with Secretary Perry, Dr. charge falls in combat or suffers accidental emphasis on Total Quality Leadership, and Deutch has instituted a management style death. the reorganization of the OPNA V staff are that empowers everyone in the Department Madam President, I ask unanimous but four of these. of perform at their very best . . . a manage­ consent that the complete text of the This ceremony symbolizes many things. Of ment style based on proven experience and course, it marks the passing of command- an blended with love and respect for the mag­ general's remarks and those of the act that means so much to those who "go nificent men and women of our Armed President and the Secretary of Defense down to the sea in ships." For like the com­ Forces. In the final assessment, all our lead­ be included in the RECORD immediately manding officer who plots the course and en­ ership efforts are directed toward giving our following my remarks. sures the safety of the ship in both storm Sailors, Marines, Soldiers and Airmen the There being no objection, the mate­ and battle, the Chief of Naval Operations en­ tools _and conviction that bring out the ex­ rial was ordered to be printed in the sures the continual development and safety cellence present within themselves. In this, RECORD, as follows: of his Service. Admiral Boorda inherits from Deputy Secretary Deutch is already achiev­ REMARKS OF PRESIDENT BILL CLINTON AT ME­ Admiral Kelso a ship on the right course, one ing great success. It is a genuine pleasure to MORIAL SERVICE To HONOR VICTIMS OF that has weathered the storms as it sails work with this man. " FRIENDLY FIRE" INCIDENT IN IRAQ from the open oceans to the littoral regions Ladies and Gentlemen, it is my honor and Today in this chapel built for heroes, we of the world. privilege to introduce to you the Deputy come to mourn the lives and to celebrate the But this ceremony also symbolizes a tradi­ Secretary of Defense, the Honorable John M. lives of those who died on April 14th. To all tion of naval leadership that is the force that Deutch. the families who are here present and the maintains our Navy and has built it into the families who are not here, I think it should finest the world has ever known. It is this STATEMENTS MADE BY THE be clear that, in addition to the distin­ tradition-the tradition of Admirals Benson guished leaders of our military, the clergy and Nimitz and Sherman and Burke-that is CHAffiMAN OF THE JOINT and the friends, the spirit of all Americans is now being passed from Admiral Kelso to Ad­ CHIEFS OF STAFF, THE SEC­ in this chapel today. The hearts of all Ameri­ miral Boorda .. . and with it a heritage of RETARY OF DEFENSE, AND THE cans have gone out to these families. honor, courage and commitment that tran­ PRESIDENT AT THE MEMORIAL When we joined three years ago with Brit­ scends this moment in time. For leadership SERVICE TO THE MEN AND ain and France and Turkey to protect the is a timeless trait and one whose ever WOMEN KILLED IN THE FRIEND­ Kurds of northern Iraq, to shelter them from present concern is that of building a better air attacks, to sustain them with shoes and future . .. a future that men and women of LY FIRE INCIDENT OVER NORTH­ ERN ffiAQ coats and food and fuel and medicine, the conviction will carry on. world took note of something continually It is indeed my pleasure this morning to Mr. THURMOND. Madam President, special about our great nation and what introduce a man of vision whose efforts at last Monday, I had the privilege of at­ drives us. The lives of the Americans and building a higher quality and more efficient tending the memorial service for the 15 their 11 compatriots who were lost reflected Department of Defense are already well ap­ that spirit, those values, that heart, that parent. Deputy Secretary of Defense John Americans killed in the tragic friendly fire incident over northern Iraq on hope that brought us to protect the Kurds in Deutch has over thirty years of experience in the first place. They were literally part of a national security policy and defense acquisi­ April 14, 1994. The service was held at mission to provide comfort. They have hon­ tion and management. Since April 1993, he the Fort Myer Memorial Chapel. It was ored us all with their compassion and cour­ has served as the Under Secretary of Defense conducted under the joint leadership of age and ultimately with their sacrifice. for Acquisition, and in the past month, was the chief of chaplains of the Air Force We know, as has already been said, that confirmed as Deputy Secretary. As Undersec­ and the chief of chaplains of the Army. those who enter the military understand retary, he spearheaded our efforts at acquisi­ I want to commend chaplain, Maj. clearly that they assume great risks, that tion reform and set the groundwork for poli­ even though the world has changed, that the cies to preserve the defense industrial base. Gen. Matthew Zimmerman, chief of chaplains for the Army, chaplain, Maj. specter of the Cold War is fading, the way of A member of the MIT faculty-since 197{}­ life we cherish as Americans and our hopes as a professor of Chemistry. and most re­ Gen. Donald J. Harlin, chief of chap­ for the rest of the world still depends upon cently, as university Provost, Dr. Deutch lains for the Air Force, and their depu­ their skills, their sacrifice, their courage, also devoted countless hours and consider­ ties, chaplain, Brig. Gen. Donald W. and their clear willingness to undertake able talent to service in government, both as Shea and Brig. Gen. ArthurS. Thomas those risks. And yet I have to say that, as an official in the Departments of Defense and for the solemn and moving ceremony. president and as an American, when it be­ Energy and as a member of numerous advi­ It brought comfort to everyone in at- . comes the job of those of us in positions or sory panels. responsibility to explain loss to these won­ I note that of the many advisory panels he tendance and honor to the dedicated Americans who gave their lives in the derful families that came about through a has served on-which include the White terrible accident, the burden of reminding House Science Council and Defense Science service of our Nation. all of us that all who serve undertook those ·Board-Deputy Secretary Deutch found time Madam President, the death of the 15 risks is still very great. to serve with distinction as a member of the Americans and 11 Allied personnel was We must remember not only those who Chief of Naval Operations Executive Panel. a national tragedy. Its impact on the died for their service to their country but for The CNO Executive Panel provides advice di­ Nation was reflected by the attendance how they were loved. We must, all the rest of rectly to the CNO on matters pertaining to at the service of President Clinton, us in America, pray for these families-for the programs and policies of the United Secretary of Defense Perry, and the the husband and the father whose young States Navy ... including issues such as fu­ Chairman of the Joint Chiefs of Staff, child will now have to learn about him ture technologies and industrial policies. I through photographs and stories, for the think the fact of John Deutch's participation General Shalikashvili. Each spoke elo­ family of an ambitious young man who indicates that the Navy can recognize talent quently and emotionally on the dedica­ wished to go to college and become an artist, and welcomes the assistance of top experts. tion and sacrifices of our men and for a distinguished American veteran of And I certainly can't think of a better per­ women in uniform and their commit­ more than two decades whose soldiers loved son to provide such advice than John ment to our Nation. Without slighting him for his steel and his heart, for the won­ Deutch. the President or Secretary of Defense, derful daughter and sister who lifted those Dr. Deutch has also served as an Acting I want to read an excerpt from General around her with her vigor and promise, for Assistant Secretary and Undersecretary of Shalikashvili's remarks that sum up the young pilot who grew up with his heart the Department of Energy and director of set on the skies, and for all the others. Their Energy Research. the emotions that ran throughout the lives were suddenly taken from their beloved To paraphrase Secretary of Defense chapel that day: families and from our nation in our service Perry- who very much wanted to be here And so to family and friends, know that we and their important mission. today, John Deutch is indeed a man who has grieve with you and that your loss is our No one's words can wipe away the grief, walked through the doors that time has loss. They were your sons and daughters, the pain, the questions. It is our duty first, opened in the development of new tech­ your parents, your friends, but they were our to continue the mission for which they gave nologies and the strategies of their applica­ comrade in arms, fellow soldiers and airmen their lives; second, to find the answers which tion ... developments that helped to bring and State Department officers. I will not they rightfully seek; and third, to pray that · an end to the Cold War ... developments presume to say I know your hurt, I only together they will find the strength as the that promise to fashion a more secure fu­ know that very special hurt when any serv­ days go forward to ease their grief and lean ture. iceman or woman you have given into our on their faiths. May 2, 1994 CONGRESSIONAL RECORD-SENATE 8917 The Americans we honor today represented a Kurdish religious leader said: "They came northern Iraq, and I know they seldom talk the best in our country. In a tragic irony, all to us to save us and give us dignity. Their about it openly, but they know all too well who were involved in this accident, including sacrifice will remain in the minds of our that the dangers are ever present and that the pilots of the two jets, were there on a children for the rest of their lives. We will tragedy can strike at any moment. common mission to save the lives of inno­ teach their names to our children and keep There is a special bond, a special bond cent people. We know that just as we are all their names in our book of history as heroes among us, and we feel a special loss each proud of their ability and their bravery, who gave their lives for our freedom. time a comrade in arms is taken from our their readiness for any challenge, their devo­ In the military, we are family. When we midst, and so it is this time. But this loss tion to their families, we all understand that lose members of our family, particularly in cuts deeper for this tragedy touches the very they, like we, none of us are immune from tragic circumstances, it's hard to take. fabric of our institution, an institution error, from tragic circumstance. While all servicemen and women are pre­ whose code, whose passion it is to take care One of the fathers, himself an Air Force pared for the risks that come with military of each other and to protect each other from Colonel, said that he though his daughter lives, we are still shocked and devastated any danger. And when that goes wrong, as it was a hero. Well, they're all heroes, and we when the lives are actually lost. It reminds did 11 days ago, our hearts are doubly heavy owe it to them to honor their lives and their us of the dangers that our soldiers, sailors, and our grief especially deep. service, to answer the questions of their fam­ airmen and marines face every day and how And so to family and friends, know that we ilies, but more than anything else, to re­ vigilance and courage are part of the job. grieve with you and that your loss is our member when words fail that we are taught This was a very complex operation, and no loss. They were your sons and daughters, over and over again in the scriptures things system will ever be 100 percent perfect. Fly­ your parents, your friends, but they were our will always happen that we can never fully ing these sorts of missions is a task of im­ comrades in arms, fellow soldiers and airmen understand, that, as President Lincoln said, mense difficulties. Quick judgments, fast re­ and State Department officer. I will not pre­ the Almighty has his own purposes, that the actions and great skill are constantly re­ sume to say I know your hurt. I know only faith which sustains us, according to the quired. I have flown in the back seat of an F- that very special hurt when any serviceman scripture, is "the assurance of things hoped 15 on a simulated mission, and I've some un­ or woman you have given into our charge for, the convictions of things unseen." derstanding of the strains and the fast paces falls in combat or suffers accidental death. As I look out into the faces of mothers and of events, but we are deeply committed to As much as each of us desire to alter the fathers and wives and sons and daughters, ensuring that our men and women in uni­ events of April 14th, very sadly, we cannot. brothers and sisters, I say on behalf of a form can meet this challenge safely by pro­ We can only mourn, we can streghthen our grateful nation, we honor your sacrifice and viding the best, the most challenging, and resolve to learn the truth and to fix the we will do our best to live every day with the the most effective training possible. And wrong and take great solace and deep pride memory of your sacrifice. And we pray for when something does go wrong, I pledge to in the work that they were doing to help oth­ you, that timo will give you the strength and you that we will have a full accountability ers. the faith to remember the very best and fin­ on what happened, and I also pledge to you The Scriptures tell us that greater love est of the lives of your loved ones, to be al­ that we will ensure that it cannot happen hath no person than when they lay down ways grateful for what they did and never again. their life for a friend. Feeding starving chil­ cynical, even in the face of this tragedy, for All of us recognize that defending our na­ dren, protecting a people from a tyrant who there are things which happen to us all tions and deterring aggression will never be twice before had brought death and destruc­ which can never be fully understood. What is risk free. General Robert E. Lee once said, tion and unspeakable cruelty to his own peo­ clear and beyond any doubt is that they "There is always hazard in military move­ ple, they sacrificed their lives so that others loved their country and they swore an oath, ments, but we must decide between the pos­ might live. They, and those who went before including a willingness to give their lives for sible loss of inaction and the risk of action." them, gave life and gave hope to a people their country. They did it in a very noble That risk is the price we pay for freedom and who without them would have had very little cause. We share your grief, we honor their security, and in the ultimate display of pa­ reason for themselves and for their children. lives, we pray for you and for their souls. triotism-pride and public service--our men Their efforts were selfless. Their service was and women in uniform have agreed to pay valiant. And their cause was noble. REMARKS OF DEFENSE SECRETARY WILLIAM this price for us. Their friends and families To the Kurdish people of northern Iraq, to PERRY AT MEMORIAL SERVICE TO HONOR also pay a price. Family members face long each of us here, to their brothers and sisters VICTIMS OF "FRIENDLY FIRE" INCIDENT IN periods of separation and often endure ago­ throughout the services, they are extraor­ IRAQ nizing uncertainly when service members are dinary heroes and shining examples. Perhaps I want to share my deep sense of personal sent on hazardous missions. We owe a special no one understands that better or more loss over the deaths of the fine men and debt of gratitude to the families who have clearly than the very people these men and women we mourn today. I also want to ex­ waited and hoped and suffered. women were protecting. In the dusty streets tend my most heart-felt sympathy to those Those we honor today, both military and of Zakhu in northern Iraq, just below the who lost loved ones in this terrible tragedy. civilian, are in our thoughts and our prayers. Turkish border, the people have hung hun­ And I want to share my deep sorrow with the We remember their courage, their devotion dreds of banners in remembrance of these he­ other nations that lost their sons. Those who to duty, and a commitment to their coun­ roes. "We mourn the loss of our heroes," the died were brave, generous individuals doing a tries. They and their families deserve our banner tells us. "God bless their souls, and tough job under hazardous conditions. They deepest thanks. God be with their families," it concludes. gave their lives so that others may live. This There's a painting that hangs across my We, the Joint Chiefs of Staff and the men is the greatest work that God can have us do. office at the Pentagon. It depicts a soldier in and women of our Armed Forces and our In our hearts and memories, they will always church praying with his family, perhaps be­ families, offer our prayers and our deepest be with. fore an overseas deployment. Below this pic­ sympathies to the families of all who died Lieutenant Laura Piper's mother summed ture is an inscription from Isaiah. It says, that tragic day. And we honor and salute it up with great wisdom. She said, "People "WI:lom shall I send, and who will go for us?" them and pray that God will now embrace are always wondering where are our role When the individuals we remember today re­ them in His kingdom. Thank you. models today; well, here they are." Their ceived that call, they answered, "Here am I, mission was critically important. While the send me." Today we pay tribute to all of world's attention has been captured by other those who answered the call and ask God to HONORING THE LATE RICHARD M. conflicts and crises, Operation Provide Com­ take them in His care. NIXON fort continues. We've saved tens of thou­ sands of lives. We've escorted a half a mil­ REMARKS OF GEN. JOHN SHALIKASHVILI, Mr. DURENBERGER. Madam Presi­ lion Kurdish people from exile in bitter cold CHAIRMAN, JOINT CHIEFS OF STAFF AT ME­ dent, attending the funeral of Presi­ mountains and returned them to their MORIAL SERVICE TO HONOR VICTIMS OF dent Richard M. Nixon last week was homes. The no-fly-zone we continue to en­ "FRIENDLY FIRE" INCIDENT IN IRAQ an extremely moving experience for force over northern Iraq has stopped Saddam We have come here today to mourn and to me, as I'm sure it was for many of my Hussein from using air and ground attacks honor the men and women, military and ci­ colleagues. It would not be an exag­ to terrorize the Kurds. vilian, from five different nations, who so geration to say that Richard Nixon America and our Gulf War allies decisively suddenly, on April 14th in northern Iraq, lost shaped the politics and the attitudes of won Desert Storm, but we cannot and will their lives in a most terrible tragedy. not turn our backs on the innocent people The men and women who wear our nation's a whole generation of Americans. who would suffer from Iraq vengeance. Those uniform or serve our Foreign Service under­ Indeed, I think all Americans-re­ we remember today were on a noble mission, stand full well the dangers of their profes­ gardless of party or political ideology­ and America deeply appreciates it. The sion. I have been around them for 36 years, in have lost a great resource with the Kurdish people appreciate it too. Last week, peace and in war, and in far away places like passing of America's 37th President. 8918 CONGRESSIONAL RECORD-SENATE May 2, 1994 Richard Nixon brought to the analy­ Few Americans have ever played a seems to diminish as he again called Nixon sis of America's global and domestic more constructive role than Richard in San Clemente. He called to tell the former problems an intellect rarely matched Nixon did in his final years. People who president-the man who in 1968 had given In Humphrey his most bitter defeat-that he in the history of statecraft. the final read his books-and I'm sure this group had a farewell gift to give him. judgment of history, he will be remem­ will include the future leaders of Amer­ Humphrey told Nixon that he knew he had bered primarily for his geopolitical au­ ica-will be reaping the benefits of his only days to live, and that he had made the dacity in the opening to Communist intelligence and wisdom for many gen­ arrangements for the events that would fol­ China-and bringing America's influ­ erations to come. low his death: his lying-in-state in the Cap­ ence to bear on the future of the 1 bil­ At this time of mourning, I wish itol in Washington, his funeral and burial in lion people who live in that country. Julie Nixon Eisenhower and Tricia Minnesota. Humphrey told Nixon that he By opening the window of U.S. diplo­ Nixon Cox, the late President's daugh­ was inviting him to attend the ceremony that would conclude the lying-in-state in macy and trade, Nixon laid the ground­ ters, all possible consolation in what Washington, and that he wanted him to be work for the integration of the world's must be a very difficult time. present and to stand in the place of honor of most populous nation into full mem­ Madam President, I ask unanimous a former president. bership in the world community. That consent that a Washington Post op-ed Nixon, of course, had resigned from the process continues today-and, as a re­ by Paul Rexford Thatcher, Sr., describ­ presidency in disgrace only three years be­ sult of Nixon's opening, sober analysts ing the final days of the relationship fore and had not returned to Washington, have high hopes for mainland China in between President Nixon and Senator where ever since he had been unwelcome. the 21st century. Humphrey be included in the RECORD. I This seemed especially so now in the first In year of Jimmy Carter's presidency, with his domestic policy, Nixon com­ further ask that two articles from the Washington in the control of so many unfor­ bined a belief in free market economics Minneapolis Star Tribune be included, giving Democrats (and probably not a few with a recognition of the need for deci­ one recounting the visits of President unforgiving Republicans as well). sive government action to mitigate the Nixon to Minnesota and the other re­ Sensing Nixon's profound depression in defects of the market. It is ironic that counting Minnesotans' reaction to his exile in California, Humphrey spontaneously shortly before Nixon's death, a Vice passing. fashioned a credible excuse enabling his old President of the opposite party would There being no objection, the articles rival to return to the capital. He told Nixon joke that his Democratic administra­ that if anyone questioned his presence, he were ordered to be printed in the should say that he was there at the personal tion would be very happy to enact the RECORD, as follows: request of Hubert Humphrey. Nixon health reform plan-a reference RECONCILIATION HEALS PEOPLE AND NATIONS He further told Nixon that he would call to one of Nixon's major domestic ini­ (By Paul Rexford Thatcher, Sr.) me (I had been placed in charge of the Wash­ tiatives that failed to carry in Con­ It was the Christmas holiday of 1977, and ington ceremonies by the Humphrey family) gress. an especially bitter December in Minnesota. to relate their conversation and to tell me of That, Madam President, was Richard Sen. Hubert H. Humphrey had returned home his wish that Nixon be treated respectfully Nixon the statesman. Let me recount to his refuge, his house on the new frozen and with dignity for that occasion. Lake Waverly, about 35 miles west of On Friday, Jan. 13, 1978, Hubert H. Hum­ an event that gives us some under­ phrey died at Lake Waverly. President standing of Richard Nixon the human Minnespolis. He had just made a short but triumphant Carter was immediately called and notified. being. When my predecessor in this of­ The president at once dispatched Air Force fice-the Honorable Hubert H. Hum­ last journey to the nation's capital to deliver in person his farewells to the men and One to Minnesota to bring Humphrey's body phrey-was dying of cancer in Lake women with whom he had served for almost to the capital for the weekend lying-in-state. Waverly, MN, he called former Presi­ 30 years as U.S. senator, then vice president On Sunday forenoon, with President dent Nixon and asked him to attend of the United States and since 1971, again, as Carter, former President Ford, Vice Presi­ his--Humphrey's--funeral. Humphrey a member of the Senate and its president pro dent Mondale and many of the nation's polit­ knew that the funeral was not going to tempore. ical leaders in attendance, a concluding cere­ Now it was almost over, this remarkable mony was held in the Capitol Rotunda. To be long in coming-and he arranged the surprise of most and the gasps of many, that Richard Nixon be received at that political life, and emaciated by cancer, Hum­ phrey lay in bed dying at Lake Waverly. The I escorted former President Nixon to the ceremony with the full honor due to a grounds of his house on the lake were stewed place of honor with the others, near the flag­ former President. Young people who uncustomarily with twigs and fallen draped casket. Hubert Humphrey's gift in · watched the TV coverage of President branches from the leafless trees on the ex­ the winter to Richard Nixon had been deliv­ Nixon's death and funeral-coverage ered. pansive lawn. Humphrey had been notorious Fifteen years later, it is not the chill Min­ that I understand was generally posi­ for taking visitors, be they prime ministers, nesota winds that cause me to remember tive in tone-might find nothing re­ fellow senators or political associates, for again that gift. I suspect that my memory is markable in this. But back in 1977, the long walks on his grounds, making them triggered by echoes of the voice placing that scars of the Watergate scandal were far pick up scattered twigs or leaves. There had Christmas Eve telephone call to San been no such recent visitors. from healed. Many of Senator Hum­ In the lane at the back of the house, the Clemente. phrey's liberal colleagues-and even a I hear those echoes in the pledge of Presi­ small road that led to the highway to Min­ dent Clinton to bring us together. To rec­ substantial number of moderates and neapolis, a cluster of reporters was already conservatives-viewed Nixon as deserv­ oncile rich and poor, black and white, old forming a death watch over Minnesota's and young, and to realize fully the intrinsic ing a state of permanent disgrace. most famous political son. value of every citizen. If he fulfills that Hubert Humphrey demonstrated true Humphrey's son-in-law had leased a WATS pledge, the Clinton years in Washington will nobility of character by making his line for him as a surprise Christmas gift. bear the hallmarks of comity and compas­ historic gesture to President Nixon. He After returning from Washington, his life sion that were the emblems of the life of the realized that whether you share Nix­ and legendary energy now ebbing from him lamentably late Hubert H. Humphrey. like a tide, Minnesota's Happy Warrior began on's views or not, you have to recog­ to call old friends and associates around the nize his value to public life. Humphrey [From the Minneapolis Star Tribune, Apr. 23, nation and the world. He ostensibly called to 1994) had known Nixon for decades-and give them season's greetings, but everyone knew that ostracizing Nixon would knew he was taking his leave of them. A MEMORABLE WIDSTLE-STOP TOUR IN 1952 hurt America's future more than it He reached his old adversary, Richard (By Bob von Sternberg) would help. Nixon, on Christmas Eve, only to learn that On a golden, autumn day long ago, the can­ Today, let us continue in the tradi­ the Nixons were both ill, depressed and alone didate whistle-stopped across Minnesota, tion of my distinguished predecessor. for the holiday in San Clemente. Something lashing and slashing at his Democratic oppo­ troubled Humphrey deeply about this con­ nents from the back of his campaign train, Let us join Hubert Humphrey in rec­ versation with Nixon, and that evening, sur­ wise-cracking with deliriously adoring Re­ ognizing that all public-spirited Ameri­ rounded by his immediate family, he brooded publican supporters. cans, whatever their ideology, have a often about Nixon's circumstances. He spoke In was Oct. 23, 1952, one of the first times constructive role to play in building of it later in the evening, too, and it was Richard Nixon ever visited Minnesota. our country's future. only the next morning that his concerned "America needs new leadership," he said May 2, 1994 CONGRESSIONAL RECORD-SENATE 8919 when the train stopped in Moorhead, telling And at anti-war protesters: "The American more serious offense than the Watergate his listeners that they would cast a "vote flag is not going to be a doormat for anybody scandal. that may determine the future of America". when we get into office." "It was much closer to being an impeach­ In a way, they did, helping launch Nixon As it turned out, Humphrey thumped able act. Watergate was kind of a marginal, on his extraordinary political career, deliv­ Nixon handily in Minnesota, 857,738 to mixed-up thing." McCarthy said. ering the state to the Eisenhower-Nixon 658,643, even as he lost the election. Asked how he would rank Nixon among re­ ticket. Minnesota, where the shadow of Hu­ The last visit came two years later, in 1970, cent presidents, McCarthy chuckled. "I don't bert H. Humphrey still looms so large, may as he campaigned one more time against know how you'd rank him. The last half-cen­ not seen like Nixon territory. But in the five Humphrey, who was running against Rep. tury hasn't been a very high ranking crowd, national elections where Nixon was on the Clark MacGregor for a Senate seat. Nixon aside from Harry Truman, you know." ballot in this state, he won a majority of had been on a weeklong Midwest midterm Stans said that Watergate was the result Minnesota's votes three times. election campaign swing, and his reception of Nixon's desire to defend his associates, And elections were the usual prism in Rochester was the warmest of the trip. rather than an effort to obstruct justice. But through which Minnesotans saw Nixon, On Oct. 30, the lifelong professional foot­ he said the former president admitted that it about two dozen times between 1951 and 1970. ball fan charmed the crowd at the Mayo was a mistake "It got past him on his blind Almost always he came in the fall, hustling Civic Auditorium, telling them he was "glad side and, as he said later he blew it. He rec­ votes, beating up on everyone from Harry to be in the land of the Vikings." He never ognized that," Stans said. Truman to Humphrey. After 1970, at the ap­ mentioned Humphrey's name, saying he For Clark MacGregor, a former Minnesota parent height of his electoral power Min­ came to Minnesota "not to speak against member of Congress who headed Nixon's re­ nesotans' glimpses of Nixon where confirmed anybody.'' election campaign in 1972, Watergate is still to the news media he so detested. Protesters, though not many, dogged the an unsettling memory. The first time, he was still a relatively ob­ appearance. One displayed a sign that " When he asked me to succeed John Mitch­ scure presence •. speaking as a U.S. senator mocked his first inaugural. "Bring us to­ ell [as campaign manager], he assured me from California on the topic of law office gether," it said, at a time when the nation that no senior person in his administration management. By the next year, a youthful was bitterly divided. Another sign, one that had anything to do with Watergate. That vice-presidential candidate, he was in full would be seen with increasing frequency dur­ was some 10 days after he had already begun ing the next four years, said simply, "Im­ to orchestrate the coverup," MacGregor said. rhetorical flower, assailing the Democratic "He'll go down in history as perhaps one of gang in Washington, failed farm programs peach Nixon." the most farsighted presidents in terms of and the Communists who had enfil tra ted Humphrey went on to win and return to the Senate, and MacGregor went on to run foreign policy, but tragically he had almost U.S. society. a paranoia about those he deemed to be his The podium-pounding aside on that whis­ the Committee to ReElect the President (CREEP), the nest that hatched Watergate. enemies in politics." tlestop tour in 1952, Nixon •s visit was ac­ Stans called Nixon "the most farseeing cented by touches of outright weirdness, con­ president we've had in this century with the sidering how a few comments eerily fore­ [From the Minneapolis Star Tribune, Apr. 23, 1994] possible exception of Woodrow Wilson," The shadowed his downfall a generation later. last time he saw Nixon, he said, was at the Some Litchfield residents presented Nixon MINNESOTANS WHO KNEW HIM RECALL MAN OF party Nixon threw Jan. 20 at his presidential with butter and milk products that came CONTRADICTIONS library to celebrate the 25th anniversary of from nearby farms. Earlier in the day. he (By Kevin Deckschere) his first inauguration. had been given onions, potatoes and even a Minnesotans who knew Richard Nixon re­ "He appeared to be in good spirits and good bagged pheasant. "We're really getting the membered him Friday night as a man of con­ health. He looked much better than he had loot today." he told them. tradictions, who excelled at the game of some months earlier when his wife, Pat, was Later, the man who would be consumed by statecraft even while he struggled-some­ buried at the same place," he said. coverup charges in the Watergate scandal times painfully-with the demands of mod­ Minnesota Attorney General Hubert Hum­ sneered about the Democratic ticket, ern American politics. phrey ill, son of Nixon'fl opponent in the 1968 "They're trying to cover up their record." Maurice Stans, 86, who was born in presidential race, said that there was a clos­ The visits continued throughout the 1950s: Shakopoee, was Nixon's chief fundraiser in ing to the stormy relationship between Hu­ An appearance at Turkey Days in Worthing­ two of his three presidential campaigns. He bert Humphrey and Nixon before his father ton in 1954, grand marshal of the Minneapolis was Nixon's secretary of commerce from 1969 died. Aquateunial in 1958, an address to the Amer­ to 1972. "My father had a WATS line and he was ican Legion convention the next year. Nixon "was a man of great ambition, and making calls all over the country. One of the Minnesotans had again supported the GOP the only real handicap in his way was that people he called was Mr. Nixon. It was at ticket in 1956. In 1960, when Nixon lost to he was essentially an introverted person. that time that he invited him to his lying in John F. Kennedy by a hairbreadth nation­ That was one of the hardest things he had to state in Washington," Humphrey said. wide, his losing margin in Minnesota was a overcome." Watergate symbolized the end of closed scant 22,000 votes out of more than 1.5 mil­ Former Minnesota Gov. Elmer L. Ander­ government in the United States, he said. lion cast. He paid two visits to the state dur­ son, who rode with Nixon on a campaign But, he added, "I've thought through what ing that campaign. train from Moorhead to Minneapolis in 1960 this person has meant to me and meant to During the early '60s, when Nixon was said Nixon was very able and smart "but the political life of this country and here was widely seen as a spent political force, he in­ very cold. I don't think people warmed up to a man who went into the fray, created some cluded Minnesota on his itinerary of almost him ... I don't think his life is one to be ad­ of the fray, but in his heart, he really wanted perpetual public speaking nationwide: the mired. . . . It was one that was difficult and what was best for the country." Svenskarnusdag celebration in 1961, excruciating." Staff writer Anne O'Connor contributed to Shakopee in 1965, a pair of visits in 1966. Con­ But U.S. Court of Appeals Judge George this article. sidering the anti-crime rhetoric of 1994, a MacKinnon, 88, a longtime Minnesota Repub­ 1967 speech has a peculiar resonance: lican whom Nixon appointed to the federal [From the Minneapolis Star Tribune, Apr. 23, "Judges have gone too far in weakening the bench in 1969, said his old friend was very 1994] peace forces against the criminal forces." personable-and terribly bright. THE MARK HE MADE The crowd filling the old Minneapolis Audi­ He remembered siting next to Nixon on the "Today, the world mourns the loss of a torium erupted in cheers. House Labor Committee in 1947, when both great champion of democratic ideals who On April 20, 1968, Nixon mocked Lyndon were new members of Congress. dedicated his life to the cause of world peace. Johnson's announcement three weeks earlier Every time Nixon quizzed a witness, For millions, Richard Nixon was truly one of that he wouldn't run for re-election. "I shall MacKinnon said, "he had something dif­ the finest statesmen this world has ever not seek and I shall not accept the nomina­ ferent and important to inquire about. He seen. "-Former President Ronald Reagan. tion for vice president, he cracked. had a tremendous intellect and foresight "There were very few people who tried as In October, barely a month before his into problems. He impressed everybody." much and were as successful in as many ini­ showdown with native son Humphrey, Nixon MacKinnon was less taken with another tiatives as he was in a relatively short period was washed in the cheers of 10,000 Minnesota freshman member of the committee, John of time."-Sen. Dave Durenberger, R-Minn. Republicans, again at the auditorium. "Just Kennedy: "He wasn't there very often. He "Past differences are now history. I wish think, Dick Nixon getting this kind of recep­ was down in Palm Beach." him God's care and peace. "-Connecticut tion in what .is supposed to be Hubert Hum­ Nixon's greatest achievement in the White Gov. Lowell Weicker, who as a Republican phrey's Minnesota," he crowed. His speech House was the opening to China, most member of the Senate Watergate Committee took aim at big-spending Democrats: "It's agreed. But former U.S. Sen. Eugene McCar­ often took sides against the GOP president. time for the spenders in Washington to begin thy, a Democrat who opposed Nixon most of He was "the ablest man to hold the presi­ thinking about the savers in the country." his career, said Nixon's enemies list was a dency since World War 11."-Former Michi- 8920 CONGRESSIONAL RECORD-SENATE May 2, 1994 gan Gov. George Romney, who campaigned and spirits of the patients he so will­ year's was among the most memorable against Nixon for the 1965 GOP nomination. ingly served. and uplifting I have ever participated "He will always be remembered for the dis­ He ministered to the people of in. I think most of those who attended grace that he brought to the presidency. But Kalaupapa for 16 years, traveling be­ went away with a true sense of spir­ I will say to his credit he contributed much in his later years. His knowledge on foreign tween Molokai and Oahu to beg for itual renewal. policy, primarily, was invaluable to the last medical supplies and other basic neces­ There are many people around the three presidents. I think that in many re­ sities. They truly became his family. country and world who did not have spects he was trying to make amends and did When he was finally stricken with lep­ the opportunity to attend this event some worthwhile work in the last years of rosy, it is said that he rejoiced in tell­ but who are keenly interested in the his life."-Rep. Tim Penny, D-Minn. ing his people, "At last, I am one of breakfast and in learning more about " His contribution to the ending years of you." According to historical records, it. I therefore ask unanimous consent the Cold War and the pursuit of peace will be Father Damien was the first and only that the transcript of the 42d National recognized and remarked on for generations Prayer Breakfast be printed in the to come."-Former Sen. Howard Baker, the person who came into Kalaupapa Tennessee Republican who was ranking mi­ "clean" and eventually died of leprosy. RECORD at this point. nority member of the Senate Watergate With the development of sulfone There being no objection, the tran­ Committee. drugs, Hansen's disease is one of the script was ordered to be printed in the "All in all, people are going to look back least contagious and most curable ail­ RECORD, as follows: and say Watergate, the resignation, a lot of ments in the world. The people who THE 42nd ANNUAL NATIONAL PRAYER these things were bad and shouldn't have currently reside in Kalaupapa are no BREAKFAST happened. I think history will. with a few ex­ longer required to isolate themselves Sen. HOWELL HEFLIN. A good friend of ours, ceptions, say that this man made a dif­ Lt. General Claude M. Kicklighter, Retired, ference. You add all that up and he comes from society but, for the most part, will lead us in a pre-breakfast prayer. He is out ahead. "-Sen. Bob Dole, R-Kan. have chosen to remain there. Some will a former commanding General of the Army "I always thought that President Nixon be traveling to Belgi urn for the beatifi­ of the Pacific and now serves in the Depart­ would go down in history as one of the best cation ceremony of the man who, ment of Defense as the Director of World presidents .... He was saddled with Water­ through his tireless Christian efforts, War II Commemorative Programs. His work gate, but I think history· will treat him bet­ created the settlement they live in and involves going to various battle sites from ter than his contemporaries or peers did."­ love. World War II and setting up programs to Rep. Rod Grams, R-Minn. In today's world of incurable dis­ commemorate the events. I was with him at "Some of these days when Watergate be­ Pearl Harbour recently. General Kicklighter, comes a footnote in history . . . and when eases, abandoned children, abuse of the if you'd come forward and give the pre­ the Nixon-haters in the press are all gone weak and elderly, and oppressed mi­ breakfast prayer. . . . Richard Nixon will go down as one of the norities, the compassionate example of Lt. General CLAUDE M. KICKLIGHTER, Re­ great presidents in history."-Earl Butz. ag­ Father Damien is most important and tired. Thank you, sir. This is a very special riculture secretary under Nixon and Gerald relevant. We must learn from this day. You can feel it. Wondrous things are Ford. humble man who lived without fear going to happen here this morning. As you remain seated I would ask you to join hands among the despised of Hawaii's society, in the bond of friendship around your table THE BEATIFICATION OF BLESSED who spread the Christian doctrine and bow your heads. DAMIEN DE VEUSTER through word and example. Almighty God, whose love and mercy is On May 15, 1994, we will celebrate the known in heaven and on earth, we praise Mr. INOUYE. Madam President, I happy occasion of Blessed Damien De your name as we come together from all over would like to take this opportunity to Veuster's beatification in Brussels, the world and from across this great nation recognize the upcoming beatification Belgi urn. He will then be known by the with one purpose: to focus on loving you and of the Blessed Damien De Veuster. All loving one another. Lord, as we attend this fitting title "Servant of God, Servant 42nd National Prayer Breakfast, let us re­ of Hawaii looks forward to May 15, of Humanity." Hawaii joins the rest of member that just 50 years ago this world was 1994, the day when he will be one step the world in honoring our beloved Fa­ engaged in a life and death struggle that be­ closer to the papal designation of ther Damien. came known as World War II. Now this Saint. morning we come together from all over that In 1873, at 33, Father Damien came to world in friendship, with our President, the leper colony of Kalaupapa, on the THE 42D ANNUAL NATIONAL other heads of state, and citizens from more Hawaiian island of Molokai. What he PRAYER BREAKFAST than 150 nations. We give you thanks for 50 found there would have turned lesser years without another World War and for the Mr. HEFLIN. Madam President, on end of the Cold War. men away in disgust. The people af­ February 3 of this year, I had the honor We praise you for blessing our nations with· flicted with Hansen's disease, or lep­ of presiding over the 42d annual Na­ the quest for a lasting peace, along with the rosy, lived in a filthy, lawless state tional Prayer Breakfast, held at the fruits of abundance of freedom-especially with the strong ruthlessly taking ad­ Washington Hilton Hotel here in Wash­ the freedom to worship according to the dic­ vantage of the weak at every oppor­ ington. Each year hundreds of leaders tates of our own hearts. Help us, as it is writ­ tunity. They were living in the worst and thousands of guests from all over ten in Micah, to do justice, love mercy and walk humbly with our God. We ask for cour­ conditions possible, and existed with­ the world gather at the National Pray­ age, strength, and wisdom to ensure a safer out hope for any kind of future. er Breakfast to seek spiritual guidance and better world, a world free of war where Overcoming the natural suspicion of and to engage in fellowship with our freedom continues to ring. Guide our Presi­ the patients he had been sent to care friends from many diverse back­ dent through the maze of conflicting inter­ for, Father Damien mobilized the set­ grounds. This year, we had over 4,000 in ests as he leads our great nation. Just as tlement. Those who were able con­ attendance. Attendees literally come Jesus reminded us, no sparrow falls to the structed houses with wood from the from all walks of life. ground without your notice. Surely no na­ previous settlement at Kalawao. Fa­ Each year, by tradition, the Presi­ tion can rise from the ground without your divine assistance. This morning we pray for ther Damien was the first outsider to dent and First Lady attend, as well as that assistance. willingly touch the "unclean" and to the Vice President and his wife. We Lord, we known that you have a message physically minister to them every day, pray, sing, reflect, and soulfully exam­ for each of us here today. We pray that you changing bandages, bathing open sores, ine our roles as leaders and what it will open our hearts to hear your message, a consoling those unfortunates whose means to guided by a divine power. message that can fill us with the power of physical deformities repulsed even the This year, we were especially graced by your love--and that love can change lives in other patients. Through his tireless having in attendance at the breakfast the world. Christ loving us is the hope of the world and there's no better example of the compassionate efforts, the settlement Mother Teresa. power of love than the life of your speaker of Kalaupapa was transformed into a I have been involved with several Na­ this morning. Christian community. Most impor­ tional Prayer Breakfasts since coming Lord, we ask you to continue to watch over tantly, Father Damien lifted the hopes to the Senate, and I must say this our friend and mentor, Mother Teresa, and May 2, 1994 CONGRESSIONAL RECORD-SENATE 8921 sustain her in her mission of mercy to those in this world your work must truly be our Now the remaining ones at the head table who are stricken by disease and poverty. own. Help us make Thy kingdom come on I'll ask you to hold your applause in order Help us to emulate her life of service and earth as it is in heaven. From the streets of that we might conserve time, and then at sacrifice in our own lives. We express our Calcutta to the peaks of Kashmir, from the the end you may applaud. Mrs. Claude M. gratitude for the food upon our tables this hills of Bosnia to the plains of Somalia, from Kicklighter, Mrs. Ted Stevens, Mrs. Don morning. Help us to extend our heart and the port of Haiti to the port of Philadelphia, Shula, Mrs. Earl Hutto, my wife Elizabeth hands to those who are hungry. As we thank from the coast of California to the inland Ann Heflin, Mrs. Mark Hatfield, Dr. Ted you for the help we posses, help us to be waters of Russia, from the college halls of Rothstein, Mrs. Harris Wofford, and Mrs. mindful of those who are ill. As we extol the New Jersey to the halls of Congress, from Wintley Phipps. Let's give them all a hand. freedoms we enjoy, help us to champion the Washington, DC, to Washington, PA, may (Applause.) cause for those who are denied freedom. the words we hear today-especially the Mrs. Janet Hall, the wife of Congressman Oh God, author of Liberty, protector of the words from our president and vice president Tony Hall, is seated in the audience at her just and merciful, how great thou art. We and Mother Teresa-enter our hearts and request. However, I would like to say that feel your presence here this morning and we help us "crown Thy good with brotherhood Janet Hall has actively worked on this Na­ humbly turn to you and ask, "Heal our land from sea to shining sea.'' tional Prayer Breakfast. And, Janet, we ap­ and protect our children." We ask in the Sen. HEFLIN. Thank you, Senator Wofford. preciate you being here, and I ask you to name of Jesus Christ, your blessings on this Mr. President and Mrs. Clinton, Vice Presi­ stand at this time. (Applause.) gathering. Amen. dent and Mrs. Gore, and distinguished ladies I want to also particularly welcome the Sen. HEFLIN. I am Howell Heflin, the Chair­ and gentlemen, it is my pleasure to welcome five heads of state we're honored to have man of the Senate breakfast group. each of you and to thank you for participat­ with us this morning: The distinguished Today's prayer breakfast is a time for peo­ ing in the 42nd Annual National Prayer prime ministers from Dominica, Western ple of all walks of life to collectively lift Breakfast. The name "International Prayer Samoa, Tonga, the president of Palau, and their voices and turn their eyes toward the Breakfast" would probably be a more fitting the governor general of the British Virgin Is­ title for our gathering this morning, since living God and to devoutly petition him for lands. If you will please stand. (Applause.) His assistance. It is a time for reflection. It we have as guests not only representatives Congressman Earl Hutto of Florida, who is is a time for renewal of our faith. And it is from 50 states, but from over 150 nations. the chairman of the House Breakfast Group, a time for fellowship full of love and enjoy­ This morning's event is being translated into six languages since there are those present will now give remarks on their behalf. ment. Congressman Hutto. (Applause.) that do not understand English. Also C­ At exactly 7:45 this morning, Alabama's Rep. EARL HUTTO. Thank you, Senator Hef­ Tuskegee choir will start singing several se­ SPAN is carrying this program live, as ap­ proximately 500 prayer breakfasts around lin. lections. After the arrival of the President the country are meeting simultaneously and Mr. President. Mrs. Clinton, Mr. Vice and Vice President, the choir will sing "God worshipping with us. President and Mrs. Gore, distinguished head Bless America." Tuskegee University was As this year's breakfast approached, I won­ table guests, and ladies and gentlemen, founded in 1881 by Booker T. Washington, dered why it and similar gatherings had shortly before 8:00 a.m. on any Thursday it's first President. A special feature of the come to be centered around a breakfast rath­ that the House is in session, members are fil­ university today is the George ·washington er than a luncheon or a dinner. I suppose the ing into Room H-130 on the House side of the Carver Museum. named after the distin­ logical reason would be that it is more con­ Capitol. There's no sign on the door that guished scientist who taught at Tuskegee. venient to meet early in the morning before says ''Republicans Only" or "Democrats We're pleased to have with us this morning the rigors of the busy day set in, but through Only." This is the weekly House prayer Tuskegee's current President, Dr. Benjamin further research I discovered a more signifi­ breakfast. In the Bible, Romans 13:1, it says, Patton and Dr. Luther Foster, President cant meaning behind the National Prayer "Left every soul be subject under the higher from 1953-1981. You may begin your break­ Breakfast tradition that we have come to ob­ powers, for there is no power but of God; the fast as it is served and at 7:45 the Tuskegee serve over the years. Congressman and later powers that be are ordained of God." University choir will give us several selec­ Kansas Senator Frank Carlson was an active We are there at that breakfast for a com­ tions. leader in the House Prayer Group during mon purpose: to fellowship together in the [Breakfast]. World War II. He got the idea of associating Spirit of Christ; to pray for you, Mr. Presi­ [Tuskegee University choir sang.) the prayer group meeting with a breakfast dent and Mr. Vice President, for government ANNOUNCER. Ladies and gentlemen, Vice from a New Testament passage in the 21st officials throughout the land, for each other President Al Gore and Tipper Gore. (Ap­ chapter of the Gospel of St. John. and for our great nation, as well as for peace plause.) Several of the disciples had been out fish­ in the world. Included in the program is the Ladies and gentlemen. the President and ing in the Sea of Tiberias during the night reading of Scripture from God's word. Con­ First Lady of the United States. (Applause.) but didn't catch anything. As they went to­ gressman Sonny Montgomery, a long-time [Tuskegee University choir sang "God ward the shore the next morning with the stalwart of the prayer breakfast, gives what Bless America.") (Applause.) sun rising, they saw Jesus on the beach, and he calls a report on the sick and wounded, Sen. HEFLIN. Thank you. If you will remain he instructed them to go back and cast their and others are listed for whom we should standing, we will ask Senator Harris Wofford net on the right side of the ship, and when pray. to come and lead us in prayer. He's an active they did, they caught a multitude of fish. As Before we sing a hymn, our colleague Jake member of the Senate Breakfast Group and they came ashore again, Jesus was there pre­ Pickle tells us all about the composer and was a close advisor to President John F. paring fish and bread for the disciples. and his or her inspiration for writing the hymn. Kennedy and Dr. Martin Luther King, Jr. he said to them, "Come and dine." This really amazes us, and sometimes we get Senator Wofford. Whether we look back at Frank Carlson's a big laugh because we suspect that Jake is Sen. HARRIS WOFFORD. Our God, God of the inspiration or to the usual and customary making a lot of this up as he goes along. Christian and the Jew, God of the Muslim practice as the reason, breakfasts provide an (Laughter.) Congressman Pickle is retiring and the Hindu, God of the Buddhists and of excellent setting for a prayerful gathering. after this year, and he will be greatly those with no church, God of the Republican We think it is appropriate that we meet here missed. and the Democrat, God of the rich and the today with this magnificent crowd and with Approximately 50 members attend the poor, God bless America. May it become the 500 prayer breakfasts around the country breakfast each week. Partisanship is out the America the Beautiful. Help us make the meeting simultaneously to praise the Lord window. We are not there as members of a words we just heard become the music and and to ask for his assistance in the many political party or any particular religious the measure of our lives. Help us listen to problems that we have. groups, but to bond together in gaining the words that unite, not the words that di­ The president and Mrs. Clinton, the vice strength and inspiration for our service to vide; to the words that create, not the words president and Mrs. Gore left after they came God and our constituents. that destroy. For in the beginning is the in to visit with Mother Teresa and also to Our speaker each week-one week a Repub­ Word, and the words we live by do become visit another group of about 600 that are in lican and the n!;}xt week a Democrat-is al­ flesh. And in the end, in the last judgment a different room in this building where this ways a member of Congress but not nec­ when the Shepherd separates the sheep from is being telecast to them. essarily someone who regularly attends the the goats, there is no Greek nor Jew nor Now I would like to introduce those distin­ breakfast. In fact, oftentimes when we invite Arab; there is only the man who to the hun­ guished guests here at the head table who a member to come and share his or her faith gry gave food, the woman who to the thirsty are not speaking this morning: The first with us, it really gets their attention in a gave drink, the citizen who to the stranger lady, Mrs. William Jefferson Clinton, known positive way. They share with us their life said, "Come in." to the world as Hillary Rodham Clinton. (Ap­ and what is in their heart. Some relate the So God of all nations, help us, your chil­ plause.) Mrs. Albert A. Gore, Jr .. known af­ trauma, the hardships, the sadness and dis­ dren of this one human race, so lonely in fectionately to the members of the Senate as appointments, as well as the joys and tri­ your vast universe. Help us realize that here Tipper Gore. (Applause.) umph over the years. We've had some won- 8922 CONGRESSIONAL RECORD-SENATE May 2, 1994 derful messages and, with each one, inspira­ shown as a very human being. He is feeling Please, God, bless us all with Your under­ tion and a better understanding and closer doubts, fears and insecurities. He is follow­ standing. Amen. (Applause.) friendship. ing in the footsteps of his father, David, who Sen. HOWELL HEFLIN. Now I would like to You know, across the nation there is cyni­ is one of the greatest kings. Solomon finds introduce a gentleman, Mr. Fred McClure, cism and lack of trust in government. People himself filled with trepidation about the re­ who will sing. Fred is a friend of mine as well deplore the bickering, the partisanship that sponsibility he is assuming. In his fear and as of many members of Congress. often results in gridlock. With this in mind, his concern for his people, he asks the Lord Mr. Fred McClure. I'm often asked, what about the spiritual at­ to give him the wisdom and understanding to [Mr. Fred McClure sang Amazing Grace.] mosphere in Washington? And I reply that be able to distinguish good from evil, truth Sen. HELFIN. Dr. Billy Graham usually it's similar to that in your hometown. We from falsity. joins us each year for the National Prayer are still one nation under God. But is there The passage illustrates how even the great­ Breakfast, but unfortunately, he could not any doubt that we have lost some of the est of leaders can be intimidated by the re­ be with us this year. This is only the third standards and values that made us great in sponsibility they hold for the lives and for­ time that he has missed since its beginning. the first place? There is need to live by the tunes of others, that looking into one's heart He did want me to extend his greetings, and Ten Commandments, the Golden Rule and from a position of power it is acceptable to I quote: acknowledge our dependence on Almighty question one's own adequacy and to ask for "Even though I am in Asia this morning, I God for solutions to the many problems con­ divine help, guidance and inspiration. am united with you in prayer for the people fronting the world. Finally in the passage, we see that, be­ of America and the world. It is clear that God indeed can make a difference in our in­ cause King Solomon puts the interests of his nothing is more important during the~e cri t­ dividual lives, in the nation and the world. people before his own, God richly rewards ical days than for the leaders of the world to So today I bring you greetings from the him. learn to pray together. I salute all of you House Prayer Breakfast Group. We welcome Thank you. (Applause.) this morning who share this dream. I would you all, including a warm welcome to those Sen. HEFLIN. Thank you, Judge, for those especially like for President and Mrs. Clin­ who are with us from many nations around words from the Old Testament. ton and Vice President and Mrs. Gore to the world. Let me say that we're encouraged Senator Mark Hatfield, a stalwart of the know that my prayers are with them daily." that governmental prayer breakfasts are Senate Breakfast Group is representing the It is now my pleasure to introduce the vice being started in many other countries. Senate Group this morning. When he was president of the United States, the Honor­ God bless you all. (Applause.) governor of Oregon several years ago, he or­ able Albert A. Gore, Jr. He brings strong spiritual principles to his job each day. He Sen. HEFLIN. Thank you, Earl Hutto. for ganized the first governors' prayer breakfast. those great words. Senator Hatfield. (Applause.) comes from a long Baptist background, with Chief Judge Barbara Rothstein of the Unit­ Sen. MARK HATFIELD. Mr. President, Mrs. plenty of old-fashioned Baptist common ed States District Court for the Western Dis­ Clinton, Mr. Vice President, Mrs. Gore, my sense and grit-(laughter)-Al Gore was one of trict of Washington will now read from the brothers and sisters, 52 years ago, while the tbe most active members of our prayer Old Testament. I hope she doesn't mind me terror of World War II engulfed the world, a breakfast in the Senate when he served mentioning that today is her birthday. small group of senators, the vice president of there, and I understand he was likewise when (Laughter.) the United States and a member of the Su­ he served in the House. Yesterday he partici­ Judge Rothstein. (Applause.) preme Court met together in the Capitol to pated in the Diplomatic luncheon for the Judge BARBARA ROTHSTEIN. Thank you, discuss the war and to pray. world leaders, the ambassadors and our international guests from around the world. Senator. We have continued meeting since that Ladies and gentlemen, it is my distinct Mr. President, Mrs. Clinton, Mr. Vice time. We come together as friends to share a honor and high privilege to present to you President and Mrs. Gore, honored guests, vis­ meal and to pray for each other and to pray the Vice President of the United States. (Ap­ iting dignitaries, I shall read from 1 Kings, for the nation. We leave our labels at the plause.) Chapter 3, beginning at verse 5. door as Democrats, Republicans, liberals, Vice President GORE. (Continued applause.) "In Gibeon, the Lord appeared to Solomon moderates, conservatives. We remove our Thank you. in a dream by night, and God said, 'ask what masks. We bridal our egos. And we experi­ Mr. President, Mrs. Clinton, and distin­ I shall give thee.' ence spiritual renewal. In our vulnerability, guished guests, the way Judge Helfin put "And Solomon said: 'Thou hast shown unto we wrestle with the great issues confronting that extra emphasis on Baptist (laughter)­ Thy servant David, my father, great kind­ us as a nation and as a world, and very often sometimes a Methodist will do that (laugh­ ness, according as he walked before Thee in we find that these political and economic so­ ter)-it reminds me of when the Baptist min­ truth and in righteousness and in upright­ lutions that we seek can only be found as ister and the Unitarian minister were having ness of heart with Thee, and Thou hast kept spiritual solutions to basically spiritual an argument, and finally the Unitarian at­ for him this great kindness, that Thou hast problems. And, therefore, we pray for spir­ tempted to make up and said, "We all wor­ given him a son to sit on his throne as it is itual renaissance. ship the same God." The Baptist minister this day. And now, oh, Lord, my God, Thou Today, too, we in this room have left our said, "Yes, you in your way, and I in His." hast made Thy servant king instead of labels at the door. We have assembled from (Laughter.) David, my father, and I am but a little child. most of the continents of the world and from And it is a great honor to be here with all I know not how to go out or come in, and many islands of the oceans, bringing our dif­ of you and a particular honor, may I say, to Thy servant is in the midst of Thy people ferent cultures, languages and histories, but be blessed with the presence of Mother Te­ which Thou hast chosen, a great people that we are here today bonded by our common hu­ resa, who epitomizes selfless dedication to cannot be numbered nor counted for mul­ manity. The inspiration of this gathering re­ God's work. Because of her faith, she has titude. Give Thy servant, therefore an under­ minds us of the power and the beauty in di­ helped people regardless of religion and is standing heart to judge Thy people, that I versity. We are truly a mosaic of magnifi­ admired by people of every religion. may discern between good and evil. For who cent beauty. We were privileged to spend a few moments is able to judge this, Thy great people?' We know that we can never realistically be with her this morning, and I recalled my own "And the speech pleased the Lord that Sol­ isolated from each other living on this plan­ feelings when Tipper and I were driving over omon had asked this thing, and God said et. We understand the wisdom of King Solo­ here, and I was reflecting on the fact that for unto him: 'Because thou hast asked this mon when he noted, "He who builds a high just a minute or two I was going to speak thing and hast not asked for thyself long gate invites destruction." We also under­ here about the power of faith in my life on life, neither hast asked riches for thyself nor stand the pragmatism of St. Paul, who said the same program in which Mother Teresa hast asked the life of thine enemies but has that the individual parts of the body, each will shortly speak. And I was reminded of a asked for thyself understanding to discern with its distinctive function, all are inter­ story that I read in one of the news maga­ justice, behold I have done according to thy related to form the whole person, and so, zines about five years ago about a basketball word. Lo, I have given thee a wise and an un­ too, it is with the spiritual body worldwide. game, a rather extraordinary game, in which derstanding heart, and I have also given thee Our diversity is our source and foundation of Michael Jordan scored 68 points. And after that which thou hast not asked, both riches our strength. Without this interrelationship, the game one of the news reports interviewed and honor.'" this connection, we are isolated-a fractured a rookie on the team who had scored one I have chosen this passage because it is humanity. point and asked him for his reaction to this rich with themes relevant to modern times. As we come together today in the spirit of extraordinary game. And he said, "I will al­ As a judge myself, it is moving to me to see the reconciling and healing savior; Jesus ways remember this as the occasion when Solomon's deep concern with doing justice. Christ, my prayer is that our strategies are Michael Jordan and I combined for 69 Man's search for justice and wisdom is a con­ empowered by love, that the priority of our points." (Laughter.) stant theme throughout the Old Testament. commitments are to the poor and that our I'm going to remember this breakfast also. Another aspect of Solomon's dream im­ lives are lived as peacemakers in this wound­ We have all been invited to this morning's pacts leaders in any century. Solomon is ed and hurting world. breakfast in the Spirit of Christ. Men and May 2, 1994 CONGRESSIONAL RECORD-SENATE 8923 women of many different religious traditions The amazing thing about this book written Father. we just thank you for being here, are here, and we are united by our belief that thousands of years ago is how perfectly it ap­ and we thank you for presence. We thank gathering together in prayer, often in small plies to the world in which we live today. A you for the chance to humble ourselves be­ groups for prayer and reflection, is a source man we all admire and whom we all miss, fore you. I pray for the leadership of this of strength and friendship. In my life, I find former Speaker of the House Tip O'Neill, country, oh, Lord-the President, the Su­ such groups a source of great solace and called a sermon I would like to read the best preme Court, the Cabinet and the Congress, strength. And in our world, in this time of political speech ever given. I'd like to dedi­ the governors, the mayors, the distinguished religious and ethnic hatred and conflict all cate this reading to the memory of a man visitors and parliamentarians from around over the world, in this time of wars and envi­ who put these words into action. Matthew 5, the world that are in this room today. Lord. ronmental destruction, in this time of a con­ verses 1-12: We just ask that you shine down upon us tinuing epidemic of violence here in the "When he saw the crowds, he went up the from the standpoint of helping us with our United States of America, we need such sol­ mountain, and after he sat· down, his disci­ problems. ace and strength and guidance. ples came to him. He began to teach them, I pray specifically for President Clinton My one point is, at such a time, it is a saying '-the Beatitudes-'" Blessed are the and his family, that you protect him and source of strength just to see so many of us poor in spirit, for theirs is the kingdom of that you be with him and when he has to from so many places gathered under one roof heaven; blessed are they who mourn, for they make such complex and important decisions, able to sing with the ancient psalmists and shall be comforted; blessed are the meek, for oh, Lord. Be with him when he's lonely and consider the timeless questions: "Oh, Lord, they shall inherit the land; blessed are they be with him and his wife as you've been with our Lord, how excellent is Thy name in all who hunger and thirst for righteousness, for him for the past few months as they have the earth, who has set Thy glory above the they will be satisfied; blessed are the mer­ lost their loved ones. We ask you to watch heavens. When I consider Thy heavens, the ciful, for they will be shown mercy; blessed over him as he directs and guides and shep­ work of Thy fingers, the moon and the stars are the clean of heart, for they will see God; herds the country. We ask you to bless him, which Thou hast ordained, what is man that blessed are the peacemakers, for they will be give him wisdom. Thou art mindful of him?" (Applause.) called children of God; blessed are they who We ask that your spirit of love would shine Sen. HEFLIN. Thank you, Al Gore. We ap­ are persecuted for the sake of righteousness, down upon this room, Lord, on each and preciate your great contribution over the for their is the kingdom of heaven; blessed every leader, wherever they might be, and years to the House, the Senate, and now in are you when they insult you and persecute that we might be people of goodness and the Executive Branch. you and utter every kind of evil against you kindness and justice and mercy and under­ You mentioned the Baptists and the Meth­ falsely because of me. Rejoice and be glad, standing. We do these things so that the peo­ odists. I'm reminded of a story about a fel­ for your reward will be great in heaven. ple can have peaceful and tranquil lives liv­ low that was prone to drink too much on Thus, they persecuted the prophets who were ing in all godliness and dignity, and we give Saturday night. He would go to church on before you." you all the credit. Sunday and would frequently nod when the The second reading is not for the faint of I pray in the name of Jesus, amen. (Ap­ preacher was preaching. They had brought in heart. It takes a lot of toughness to succeed plause.) a visiting preacher to the Shady Grove Meth­ spiritually, and I, coming from the world of Sen. HEFLIN. It is my pleasure now to odist Church and this was what we would physical achievement, especially appreciate present to you Mother Teresa, the recipient call a deep water Methodist-he could go St. Paul's athletic analogy to success in the of the Nobel Peace Prize and often acknowl­ down the deepest, stay the longest, and come effort. 1st Corinthians 9, verses 24-27: edged as one who truly loves God and serves up the driest of any minister you ever heard! "Do you know that the runners in the sta­ him among the poor and the oppressed. She (Laughter.) Anyway, during the sermon, this dium all run in the race, but only one wins is a woman respected, admired, and loved border who had had too much to drink on the the prize? Run so as to win. Every athlete ex­ throughout the world. Her name has become Saturday night before began to nod and be­ ercises discipline in every way. They do it to synonymous with selfless service, uncondi­ fore long he just went off to sleep. And the win a perishable crown, but we earn an im­ tional love, and pure goodness. Once asked preacher noticed that several members in perishable one. Thus, I do not run aimlessly. how she sees herself, Mother Teresa an­ the congregation were nodding and he de­ I do not fight as if I were shadow boxing. No, swered, "I pray I can be a pencil in God's cided he'd better do something to get their I drive my body and train it for fear that, hand." And so she is. We're deeply honored attention. So in the middle of the sermon, he after having preached to others, I myself and touched by her presence with us today. says, "If there's anyone in the congregating should be disqualified." Mother Teresa. (Extended applause.) that. wants to go to hell, stand up!" Well, Thank you and have a great day. Thank Mother TERESA. (Extended applause.) Make this brother that was asleep, the only thing you. (Applause.) us worthy, Lord, to serve our fellow men he heard was, "Stand up!, so up he shoots! Sen. HEFLIN. Thank you, Coach. throughout the world who live and die in (Laughter.) And the preacher turns to him Congressman Tony Hall of Ohio will now poverty and hunger. Give them through our and says, "Well, brother, do you have some­ offer the prayer for national leaders. He is hands this day their daily bread, and by our thing you want to say?" He said, "Well, dedicated to improving human rights and understanding love, give peace and joy. preacher, I don't know what we're voting on, combating hunger around the world. He's a Jesus came to give us the good news that but it looks like you and I are the only ones founding member of the Senate Committee God loves us and that He wants to love one in favor of it." (Laughter.) on Hunger, and in April of 1993, Tony Hall another as He loves each one of us. And to Well, we all admire our next participant in helped focus attention on the problem of make it easy for us to love one another, this program. He has had a remarkable world hunger by fasting for three weeks in Jesus said: "Whatever you do to the least, record. He has been to Congress several response to the abolishment of that commit­ you do it to me. If you give a glass of water, times lifting his voice relative to religious tee. you give it to me. If you receive a little child matters. Coach Don Shula of the Miami Dol­ Congressman Hall. (Applause.) in my name, you receive me. So whatever phins will read from the New Testament. Rep. ToNY HALL. Thank you, Senator. you do to the least, you do it to me." With his 325th victory last November, Coach Mr. President, Mr. Vice President, distin­ And where does this love begin? In our own Shula became professional football's guished guests, ladies and gentlemen, they families. How does it begin? By praying to­ winningest coach. He's taken the Miami Dol­ have a saying in Africa that says that, when gether. The family that prays together stays phins to five Super Bowls. Coach Shula never the elephants fight, the grass dies. Essen­ together, and if you stay together, you will hesitates to give credit where it is due. He tially what it means is that, when the big love each other as God loves each one of you. once told a writer: "I believe that God is up people fight, when the people in authority­ So teach your children to pray, and pray there. I try to live in his likeness. That's my the kings-when they fight, the people, they with them, and you will have the joy and the prayer every day-to do the job to the best of hurt and oftentimes they perish. And as you peace and the unity of Christ's own love liv­ my ability in a way that will reflect on his look around the world, we have a lot of prob­ ing in you. image and likeness." lems. We have environmental problems. Half As we have gathered together here, I think Coach Shula. (Applause.) the world's water is polluted. We have con­ it would be beautiful if we begin with a pray­ DON SHULA. Thank you, Senator. flict. We have presently 42 wars going on. We er that expresses very well what Jesus wants Mr. President and Mrs. Clinton, Mr. Vice have famine and drought, and we have a lot us to do for the least. St. Francis of Assisi President and Mrs. Gore, honored guests at of people that are really hurting. understood very well these words of Jesus, the head table, ladies and gentlemen, I want It says in the Scriptures that we are to and in his life very well expressed them by to mention that I'm Catholic. I want equal pray for everybody, but specifically to pray prayer. And this prayer, which we say every time up here. (Laughter.) for those people in authority so that the peo­ day after holy communion, always surprises I've selected two short passages this morn­ ple, which is us and the world, will live in me very much, because it is very fitting for ing from the New Testament-Matthew 5, peaceful and tranquil lives in all godliness each of us, and I always wonder whether 800 verses 1-12, and 1st Corinthians 9, verses 24- and dignity. And that's what I'd like to do years ago when St. Francis lived they had '2:7. today. Can we bow our heads? the same difficulties that we have today. I 8924 CONGRESSIONAL RECORD-SENATE May 2, 1994 think that some of you already have this them. This requires that I be willing to give to kill one another? How do we persuade a prayer of peace, so we will pray it together. until it hurts. Otherwise, there is no true woman not to have an abortion? As always, "Lord, make me a channel of your peace." love in me, and I bring injustice, not peace, we must persuade her with love. And we re­ You have the prayer with you? Will we say it to those around me. mind ourselves that love needs to be willing together? It hurt Jesus to love us. We have been cre­ to give until it hurts. (In unison.) "Lord, make me a channel of ated in his image for greater things-to love Jesus gave even his live to love us, so the your peace. Where there is hatred, may I and to be loved. We must put on Christ, as mother who is thinking of abortion should be bring love; where there is injury, pardon; Scripture tells us, and so we have been cre­ helped to love-that is, to give until it hurts, where there is doubt, faith; where there is ated to love as he loves us. Jesus makes him­ her plans, her free time, to respect the life of despair, hope; where there is darkness, light; self the hungry one, the naked one, the a child, for the child is the greatest gift of where there is sadness, joy. Oh, Divine Mas­ homeless one, the unwanted one, and he God to the family, because it has been cre­ ter, grant that I may not so much seek to be says, "You did it to me." On the last day he ated to love and to be loved. consoled as to console; not so much to be un­ will say to those on his right, "Whatever you The father of that child, however, must derstood as to understand; not to be loved as did to the least of these, you did to me." And also give until it hurts. By abortion, the to love. For it is in giving that we receive; it he will also say to those on his left, "What­ mother does not learn to love, but kills even is in pardoning that we are pardoned; and it ever you neglected to do for the least of her own child to solve her problem. And by is in dying that we are born again to eternal these, you neglected to do it for me." abortion, the father is taught that he does life." When he was dying on the cross, Jesus not have to take any responsibility at all for Let us thank God for the opportunity he said, "I thirst." Jesus is thirsting for our the child he has brought into that world. So has given us today to have come here to pray love, and this is the test of everyone, poor that father is likely to put other women into together. We have come here especially · to and rich alike. We all thirst for love of oth­ the same trouble. So abortion just leads to pray for peace, for joy and for love. We are ers, that they go out of their way to avoid more abortion. reminded that Jesus came to bring the good harming us and to do good to us. This is the Any country that accepts abortion is not news to the poor. He told us what is that meaning of true love: to give until it hurts. teaching its people to love one another but good news when he said, "My peace I leave I can never forget the experience I had in to use any violence to get what they want. with you, My peace I give unto you." He the sitting room where they kept all these This is why the greatest destroyer of love came not to give the peace of the world, old parents of sons and daughters who had and peace is abortion. (Applause.) wh:ch is only that we don't bother each just put them into an institution and forgot­ The beautiful gift God has given our con­ other; he came to give the peace of heart, ten them, maybe. I say that in that home, gregation is to fight abortion by adoption. which comes from loving, from doing good to these old people had everything-good food, We have given---{applause)--we have given others. comfortable place, television, everything­ already from one house in Calcutta over 3,000 And God loved the world so much that he but everyone was looking toward the door. children in adoption, and I can't tell you gave his son. It was a giving. God gave his And I did not see a single one with a smile on what joy, what love, what peace those chil­ son to the Virgin Mary. And what did she do their face. I turned to a sister and I asked, dren have brought into those families. It has with him? As soon as Jesus came into Mary's "Why do these people who have eve,:y com­ been a real gift of God for them and for us. life, immediately she went in haste to give fort here, they are there looking toward the I remember one of the little ones got very that good news. And as she came into the door? Why are they not smiling? I'm so used sick, so I sent for the father and the mother, house of her cousin Elizabeth, Scripture tells to seeing the smiles on our people. Even the and I asked them, "Please, give me back the us that the unborn child, the child in . the dying ones smile." And sister said, "This is sick child; I will give you a healthy one." womb of Elizabeth, leaps with joy. While the way it is nearly every day. They are ex­ And the father looked at me and said, still in the womb of Mary, Jesus brought pecting, they are hoping that a son or a "Mother Teresa, take my life first, then take peace to John the Baptist, who leapt for joy daughter will come to visit them. They are the child." So beautiful to see so much love, in the womb of Elizabeth. The unborn was hurt because they are forgotten. so much joy that little one has brought into the first one to proclaim the coming of And see, this neglect to love brings spir­ that family. Christ. itual poverty. Maybe in our own family we So pray for us that we continue this beau­ And as if that were not enough, as if it was have somebody who is feeling lonely, who is tiful gift. And also I offer you-our sisters not enough that God's son should become feeling sick, who is feeling worried. Are we who are here. Anybody who doesn't want a one of us and bring peace and joy while still there? Are we willing to give until it hurts in child, please give it to me. I want the child in the womb of Mary, Jesus also died on the order to be with our family, or do we put our (Applause.) cross to show that great love. He died for you interests first? These are the questions we I will tell you something beautiful. As I and for me and for that leper and for that must ask ourselves, especially as we begin have already told you, by adoption, by care man dying of hunger and that naked person this year of the family. We must remember of the mother and adoption for her baby, we dying in the street, not only of Calcutta but that love begins at home. And we must also have saved thousands of lives. we have sent of Africa and all over the world. remember that the future of humanity word to the clinics, to the hospitals and po­ Our sisters serve these poor people in 105 passes through the family. lice stations, "Please don't destroy the child; countries throughout the world. Jesus in­ I was surprised in the West to see so many we will take the child." So we always have sisted that we love one another as he loves young boys and girls given to drugs, and I someone tell the mothers in trouble, "Come, each one of us. Jesus gave his life to love us, tried to find out why, why is it like that, we will take care of you; we will get a home and he tells us that we also have to give when those in the West have so many more for your child." And we have a tremendous whatever it takes to do good to one another. things than those in the East. And the an­ demand from couples who cannot have a And in the gospel, Jesus says very clearly, swer was, because there is no one in the fam­ child, but I never give a child to a couple "Love as I have loved you." Jesus died on ily to receive them. Our children depend on who have done something not to have a the cross because that is what it took for us for everything-their health, their nutri­ child. Jesus said, "Anyone who received a him to do good to us, to save us from our tion, their security, their coming to know child in my name, receives me." By adopting selfishness and sin. He gave up everything to and love God. For all of this, they look to us a child, these couples receive Jesus. By do the Father's will, to show us that we, too, with trust, hope and expectation. But often, aborting a child, a couple refuses to receive must be willing to give up everything to do father and mother are so busy they have no Jesus. God's will, to love one another as He loves time for their children, or perhaps they are Please don't kill the child. I want the each one of us. not even married or have given up on their child. Please give me the child. I'm willing If we are not willing to give whatever it marriage. So the children go to the streets to accept any child who would be aborted takes to do good to one another, sin is still and get involved in drugs and other things. and to give that child to a married couple in us. That is why we, too, must give to each We are talking of love of the child, which is who will love the child and be loved by the other until it hurts. It is not enough for us where love and peace must begin-there, in child. to say, "I love God." But I also have to love our own family. I know that couples have to plan their my neighbor. St. John said that you are a But I feel that the greatest destroyer of family, and for that there is natural family liar if you say you love God and you don't peace today is abortion, because Jesus said, planning. The way to plan the family is nat­ love your neighbor. How can you love God, "If you receive a little child, you receive ural family planning, not contraception. In whom you do not see, if you do not love your me." So every abortion is the denial of re­ destroying the power of giving life or loving neighbor, whom you see, whom you touch, ceiving Jesus, the neglect of receiving Jesus. through contraception, a husband or wife is with whom you live? (Applause.) It is really a war against the doing something to self. This turns the at­ And so it is very important for us to real­ child, and I hate killing of the innocent tention to self, and so it destroys the gift of ize that love, to be true, has to hurt. I must child, murder by the mother herself. And if love in him and her. In loving, the husband be willing to give whatever it takes not to we accept that the mother can kill even her and wife must turn the attention to each harm other people and, in fact, to do good to own child, how can we tell other people not other as happens in natural family planning, May 2, 1994 CONGRESSIONAL RECORD-SENATE 8925 and not to self as happens in contraception. problems can never be discouraging. We Pray for us that we continue God's work Once that living love is destroyed by contra­ must always remember that God tells us in with great love. The sisters, the brothers, ception, abortion follows very easily. That's Scripture even if the mother could forget the and the fathers. lay missionaries of charity why I never give a child to a family that has child in her womb-something impossible­ and co-workers, we are all one heart full of used contraception, because if the mother but even if she could forget, I will never for­ love, that we may bring a joy of loving ev­ has destroyed the power of loving, how will get you. As so, here I'm talking with you. I erywhere we go. she love my child? want you to find the poor here, right in your And my prayer for you is to love one an­ I also know that there are great problems own home first, and begin to love there. Be ther, for this peace and joy in the family, in the world, that many spouses do not love the good news to your own people first and that you may grow in holiness. Holiness is each other enough to practice natural family find out about your next door neighbor. Do not the luxury of the few. It is a simple duty planning. We cannot solve he problems in the you know who they are? for you and for me. Because Jesus has very world, but let us never be involved in the I had a most extraordinary experience of clearly said, "Be ye holy as the Father in worst problem of all-to destroy love, to de­ love of neighbor with a Hindu family. A gen­ heaven is holy." So let us pray for each other stroy life. tleman came to our house and said, "Mother that we grow in love for each other and The poor are very great people. They can Teresa, there is a family who have not eaten through this love become holy as Jesus teach us so many things. Once one of them for so long. Do something." So I took some wants us to be, for he died out of love for us. came to thank us for teaching her natural rice and went there immediately. And I saw One day I met a lady who was dying of can­ family planning and said, "You people who the children-their eyes shining with hunger. cer in a most terrible condition, and I told have practiced chastity-you are the best I don't know if you have every seen hunger. her-! said, "You know, this terrible pain is people to teach us natural family planning, But I have seen it very often. And the moth­ only the kiss of Jesus, a sign that have you because it is nothing more than self control er of the family took the rice I gave her and come so close to Jesus on the cross that he of the love for each other." And what this went out. When she came back, I asked her, can kiss you." And she joined her hands to­ poor person said is very true. These poor peo­ "Where did you go? What did you do?" And gether and said, "Mother Teresa, please tell ple maybe have nothing to eat. Maybe they she gave me a very simple answer, "They are Jesus to stop kissing me." (Laughter.) have not a home to live in. but they can still hungry also." What struck me was that she So pray for us that we continue God's work be great people when they are especially rich knew-and who are they? A Muslim family­ with great love, and I will pray for you, for in loving one another as God loves each one and she knew. I didn't bring any more rice all your families. And also I want to thank of them. that evening because I wanted them, Hindus the families who have been so generous in When I pick up a person from the streets and Muslims, to enjoy the joy of sharing. giving their daughters to us to consecrate hungry, I give him a plate of rice, a piece of But there were those children, radiating joy, bread. But a person who is shut out, who their life to Jesus by the vow of poverty, sharing the joy and peace with their mother chastity, obedience, and by giving whole­ feels unwanted, unloved, terrified, the person because she had the love to give until it who has been thrown out of society, that heartedly through service to the poorest of hurts. You see, this is where love begins-at the poor. This is our fourth vow in our con­ spiritual poverty is much harder to be over­ home in the family. come. And abortion, which often follows So, as the example of this family shows, gregation, and we have a novitiate in San from contraception, causes the people to be God will never forget us, and there is some­ Francisco where we have many beautiful spiritually poor, and that is the worst pov­ thing you and I can always do. We can keep novices who are wanting to give their whole erty and the most difficult to over­ the joy of loving Jesus in our heart and share life to Jesus in the service of the poorest of come.I21Those who are materially poor can that joy with all we come in contact with. the poor. be very wonderful people. One evening we Let us make that one point. that no child So once more I thank you for giving your went out and we picked up four people from will be unwanted, unloved, uncared for or children to God. And pray for us that we con­ the street, and one of them was in a most killed and thrown away. And give until it tinue God's work with great love. terrible condition. I told the sisters, "You hurts-with a smile. God bless you all. (Applause.) take care of the other three; I will take care As you know, we have a number of homes Sen. HEFLIN. Amen. Mother Teresa, you of the one who looks worse." So I did for her here in the United States where people need are truly a pencil in God's hand. all that my love can do. I put her in bed. And tender love and care. This is the joy of shar­ Senator Ted Stevens of Alaska, the co­ there was such a beautiful smile on her face. ing. Come and share. We have the young peo­ chairman of the Senate Breakfast Group, She took hold of my hand, and she said one ple suffering with AIDS. They need that ten­ will now introduce the President. thing only: Thank you. And she died. I der love and care. But such beautiful Senator Steven. (Applause.) couldn't help but examine my conscience be­ smiles-I've never yet seen a young man or Sen. TED STEVENS. Mr. President, Mrs. fore her, and I asked what would I say if I anybody die displeased or angry or fright­ Clinton, Mr. Vice President, Mrs. Gore, and were in her place? And my answer was very ened. They're merely going home to God. those who have come to be united in prayer. simple. I would have tried to draw a little at­ Such a beautiful smile always. So let us pray You know, when the Senate breakfast comes tention to myself. I would have said: "I'm that we'll have the gift of sharing the joy to a close, we stand around tables, and hungry. I'm dying. I'm cold. I'm in pain." with others and loving until it hurts. they're just like yours now, and hold the But she gave me much more. She gave me Also I talk so much about giving with a hand of the Senator on either side of us, and her grateful love. She died with a big smile smile that once a professor from the United we are truly united in prayer. You need that. on her face. States asked me, "Are you married?" And I Why don't you stand up? And we will do the Then there was the man we picked up from said yes. And I find it sometimes very dif­ same thing right now. Let us join together in the drain half eaten with worms, and after ficult to smile at my spouse, Jesus, because silent prayer not only for the President and we had brought him to the home, he only he can be very demanding sometimes. the Vice President and their families and said, "I've lived like an animal in the street, (Laughter.) This is really something true, Mother Teresa, but all who have worked so but I'm going to die as an angel, loved and and there is where love comes, when it is de­ hard to make this international prayer cared for." Then, after we had removed all manding and yet we can give it with joy. One breakfast such a success this year. Let's just the worms from his body, all he said with a of the most demanding things for me is trav­ have a silent prayer for a few moments. big smile was, "Sister, I'm going home to eling everywhere and publicity. I have said (Pause for silent prayer.) God," and he died. It was so wonderful to see to Jesus that, if I don't go to heaven for any­ And now it is my great privilege and high the greatness of that man who could speak thing else, I will be going to heaven for all honor to introduce to you William Jefferson like that without blaming anybody, without the traveling, with all the publicity, because Clinton, the President of the United States. comparing anything, like an angel. This is it has purified me and sacrificed me and (Applause.) the greatness of people who are spiritually made me really ready to go home to God. President CLINTON. Thank you very much. rich even when they are materially poor. (Laughter.) Thank you very much, Senator Stevens. We are not social workers. We may be If we remember that God loves us and that Ladies and gentlemen, you have to forgive doing social work in the eyes of some people, we can love others as he loves us, then Amer­ me. My voice has not quite returned. but we must be contemplatives in the heart ica can become the sign of peace for the The Vice President said earlier that being of the world, for we must bring that presence whole world, the sign of joy from where a on the same program with Mother Teresa re­ of God into your family, for the family that sign of care for the weakest and the weak, minded him of the basketball player who prays together stays together. There is so the unborn child, must go out to the world. scored one point in a game where Michael much hatred, so much misery, and we with If you become a burning light of justice and Jordan scored 68, and then he said for the our prayer, with our sacrifice, are beginning peace in the world, then really you will be rest of his life, "Well, we scored 69 points to­ at home. Love begins at home, and it is not true to what the founders of this country gether." I feel like the guy who comes in how much we do, but how much love we put stood for. This is to love one another as God with five seconds lefts to go, where the into what we do. loves each one of us. And where does this team's gotten a 40-point lead and all I have If we are contemplatives in the heart of love begin? In our own home. How does it to do is hold the ball until the buzzer sounds. the world with all these problems, these begin? By praying together. (Laughter. applause.) 8926 CONGRESSIONAL RECORD-SENATE May 2, 1994 First of all, I thank you, Mother Teresa, live by it, that to do it we have to give up sion. We pray that you give our national for your moving words and, more impor­ our bitterness and resentment, that we have leaders the strength, courage and wisdom to tantly, for the lifetime of commitment, for to learn to forgive ourselves and one another make the difficult decisions that face our you have truly lived by what you say, some­ and that we have to fight, as hard as it is, to turbulent society on the domestic scale as thing we would all do well to emulate, and I be honest and fair. And if we can be focused well as in the world wide arena. Help us, dear thank you for that. (Applause.) on others and not ourselves, realizing that God, to practice what we have heard here Like all of you, I was so moved by the pro­ we did not one whit of power from the Con­ this morning. In Jesus • name we pray, amen. fession of faith and the experiences of Moth­ stitution and laws from the framers to do Sen. HEFLIN. Please, continue to stand at er Teresa that almost anything that any of anything for ourselves. It all comes from the your table while the President and Vice us could say would be anti-climactic. How­ purpose of helping others. Then perhaps we President leave with the heads of state. ever, I would like to make these points as can do honor to the faiths and to the God This concludes our program this morning, briefly as I can, for we come here to pray for who brought us all here today. but I'd like to leave you with a quote from those in authority, authority given by the Thank you, and God bless you. (Applause.) Philip Brooks, who once said, "Do not pray people of the United States under our Con­ Sen. HEFLIN. Amen, amen, amen. This has for easy lives. Pray to be stronger people. Do stitution and laws, for those with the respon­ been a great experience. It's one of the most not pray for tasks equal to your powers, pray sibility and the opportunity of making deci­ wonderful prayer breakfasts that we've ever for powers equal to your tasks." As we leave sions every day which affect all of us. had. And now, Wintley Phipps will sing one this morning, may we leave stronger, with a First I say that this prayer breakfast is an of our favorite hymns: "How Great Thou sense of renewed energy and spirituality to important time to reaffirm that in this na­ Art." A Grammy award nominee and accom­ perform the tasks that await us and to face tion where we have freedom of religion, we plished gospel singer, Wintley Phipps writes the problems that lie ahead. need not seek freedom from religion. The ge­ music and sings as a way of doing something God bless each and every one of you. nius of the book which I have--(applause)­ beautiful for God. He once said, "I hope when the genius of the book which I have pro­ people listen to my music, they sense a life moted almost shamelessly for the last sev­ that is committed. The purpose of music is SAL MANCINI: A RHODE ISLAND eral months, "The Culture of Disbelief," by to glorify God. After all, he is the one who LEGEND Professor Stephen Carter, is that very point, gives us the song." Mr. PELL. Madam President, I wish that we should all seek to know and to do After the first verse of How Great Thou God's will, even when we differ. Art, the Tuskagee choir will sing the second to share with my colleagues the sad Second, if we really seek to do that, it re­ verse, and then we will have audience par­ news of the death of Sal Mancini, 74, quires certain personal characteristics that ticipation. We ask you on the third verse to the mayor of North Providence, RI, and very frankly all of us in this room who have stand and join in singing the third verse. And to share with my colleagues the inspir­ ever been elected to anything have aban­ I hope that the rafters of this hotel will be ing record of his lifelong dedication. doned from time to time, including me. It re­ moved. You will find the words of How Great It seems that I cannot remember a quires, first, that we be humble, that we Thou Art printed in your program. time when I did not know Sal. He was know that even as we seek to do God's will, Mr. WINTLEY PHIPPS. The greatness of a a colorful character and a consumate we remember what President Lincoln said, nation is it's voluntary faith. God is great. "The Almighty has his own purposes, and we Amen? God is great. politician. His influence was felt far be­ are not capable of fully knowing them." [Mr. Phipps sang "How Great Thou Art" yond the town lines of North Provi­ It requires, second, that we be honest and with the choir and audience participation.] dence, where he served as mayor for that we be fair. Sometimes I think tlie com­ (Applause.) more than two decades. mandment we most like to overlook in this Sen. HEFLIN. Hallelujah! One of the most Sal was a lifelong bachelor who made city is thou shalt not bear false witness. exciting things to happen over the last four the people of North Providence his ex­ Third, it requires that we give our bitter­ years has been the quiet, behind-the-scenes tended family. He was known to every­ ness and our resentments up. I was thinking partnership between college student leaders body as Sal. He dedicated his life to the of this when Mother Teresa told the story of and political, business, and community lead­ the person who died in her arms, saying sim­ ers to mobilize the spiritual resources of our town and his hard work left a legacy of ply, "Thank you"-not "I'm cold, I'm hun­ nation's youth. My colleague, Senator Pete friends and colleagues who will miss gry," a simple thank you-someone with Domenici of New Mexico, along with former him terribly. more cause to be resentful, more cause to be Vice President Dan Quayle, has led this I, for one, considered myself a friend bitter, more cause to be angry than anyone movement by hosting a National Student and I know that I am only one in a in this room could ever be bitter or angry or Leadership Forum on Faith and Values and company of thousands. Sal worked for resentful because of what one of us has said Leadership. This past year Vice President people. He made the government work, or done to the other and still dying with a and Mrs. Gore has joined Senator Domenici simple "thank you." and many of my colleagues to continue this he ran the town and he made things Somehow we all have to give up our fruitful time of interaction with young peo­ happen. We have lost both a leader and resentments. We have to find the courage ple. a good friend. and the faith to forgive ourselves and to for­ To bring our closing prayer, I'm pleased to In a time when Rhode Island towns give our foes. And if we cannot, we will sure­ introduce Midshipman Anthony Bilotti of are hard pressed by crunching eco­ ly fail. California, who is in his second year at the nomic pressures, North Providence And finally, that which will permit us to United States Naval Academy. seems to shine as a success story. As do what Mother Teresa has done: to focus Mr. Bilotti. (Applause.) far as I am concerned, Sal can take the every day on other people. If Christ said we Midshipman ANTHONY BILOTTI. President would all be judged by how we treated the Clinton, Mother Teresa, thank you very credit. least of these-the hungry, the thirsty, the much for your inspirational words which I'm Frankly, I know of nobody else who naked, the strangers, the imprisoned-how sure have touched us all. worked harder for the town and I know can we meet that test in a town where we all On behalf of thousands of students across of nobody else who has become more spend so much time obsessed with ourselves America, I'd like to thank the Vice Presi­ identified with North Providence. Sal and how we stand on the totem pole and how dent, Members of Congress and other na­ will be truly missed and we will not we look in the morning paper? Five years tional leaders for demonstrating a way to forget him. from now it will be nothing. Five hundred come together to learn about the precepts of I ask unanimous consent that an ar­ years from now the papers will be dust. And Christ and about caring for others. After ac­ all that will endure is the strength and the cepting an invitation for a gathering such as ticle from the Providence Journal of integrity and the beauty of what we felt and this one here this morning and hearing the April 18, 1994, entitled "Sal Mancini: what we did. Vice President and others discuss issues that Alive in Legend," be printed in the Today, this headline is in our paper: "Nine­ count most in life, I along with many other CONGRESSIONAL RECORD. teen Children Found Amid Squalor in Chi­ young people across America are making sig­ There being no objection, the article cago Apartment". Not in Calcutta, but in nificant changes in our priorities. was ordered to be printed in the Chicago. Nineteen children living amid At this time I ask you to please join me in RECORD, as follows: human waste and cockroaches, fighting a prayer. SAL MANCINI: ALIVE IN LEGEND dog for food. I say to you, we will always Heavenly Father, thank you for allowing have our differences, we will never know the us to live in a country where the leaders are (By James H. McDonald and Steve Winter) whole truth, of course that this true. But willing and able to discuss spiritual as well NORTH PROVIDENCE.-At Andrew's Res­ hopefully we have learned today again that as material values. Lord, we thank you for taurant, across Smith Street from Town we must seek to know the will of God and bringing us here today on such a great occa- Hall, Salvatore Mancini's face smiled from a May 2, 1994 CONGRESSIONAL RECORD-SENATE 8927 picture taped to a column as owner Patricia warm-hearted Democrat. He will be much tution and from Greater Providence Deposit Massey echoed the shock felt by other missed by his many colleagues and friends." that he withdrew S150,000 just before RISDIC townspeople at the news that North Provi­ In many ways, Mancini was the consum­ passed into history. dence's first and only mayor had died. mate politician. He denied that he acted on inside informa­ "It's just like losing your best friend," said He had no skills as an orator, but he didn't tion, and when his withdrawals became pub­ Massey, who had known Sal Mancini since need them. He charmed people one at a time, lic, he offered to return the money. By then, she was a child. "He wasn't just our mayor; bestowing the Mancini magic by his personal however, lawsuits had begun flying about, he was our friend. He went to every wake, touch, his involvement in a variety of orga­ and his offer was refused. every function in town. He didn't miss a nizations, his ability to find money for the In late 1982, Mancini was indicted by a fed­ thing.'' little things that he knew constituents ap­ eral grand jury on an extortion charge alleg­ When Katherine Hawkins learned that preciated. ing that he demanded $2,000 in exchange for Mancini had died, she responded with Jim Pepe, 13, a member of the North Provi­ occupancy permits for condominiums. stunned silence, then shook her head in dis­ dence Babe Ruth League, paused from bat­ Last February, a jury found him not guilty belief. ting practice at the league field, on Smith­ of the extortion charge. "I figured he'd live forever," Hawkins said. field Road, and recalled that Mancini "tossed Sundlun said yesterday the case should "He was a personality. This is really sad. It's out the first ball at all our games. And he let never have come to trail. the passing of an era, I guess. He was always us use Town Hall for our D.A.R.E. program, "The allegation at the time was that it visible, always willing to listen. Geez, I can•t· and he came to all our baseball banquets." was an attempt to keep (then U.S. Attorney) believe it." Lou Zammarelli, the league coach, recalled Lincoln Almond in his job," Sundlun said. "I Her husband, David Hawkins, remembers Mancini's purchase of uniforms for the team don't know if that was true or not, but it was Mancini as a man "who ran the town from when it won the state championship in 1992. unfair to use Sal Mancini for that purpose." the hardware store until he was elected," re­ "He bought the uniforms so we could show Almond is Sundlun's prospective Republican ferring to Ace Hardware, near Waterman Av­ off Rhode Island at the New England Tour­ opponent this fall. enue and Smith Street, formerly owned by nament in Vermont," Zammarelli said, "and Mancini was known for his skill in manipu­ Mancini. contributed toward our team jackets. We lating patronage jobs. Occasionally a public "That's where I met him," David Hawkins couldn't get lights out of him for night relations blunder surfaced, such as his deci­ said, "and, as far as I'm concerned, he was a games, but he was always there for sports sion in 1985 to give a firefighter job to the good man. leagues in town." son-in-law of a local Democratic leader. The "A lot of politicians didn't like him, but ALWAYS COOPERATIVE new firefighter turned out to be a convicted the people did. That's how he stayed in of­ Flora Carbone, chairwoman of the Mayor arsonist. fice. I'll go out of my way to attend his fu­ Salvatore Mancini Union Free Public Li­ Mancini lived in a condominium built by neral." brary and Cultural Center, said the mayor developer Richard Baccari, a campaign con­ The 74-year-old Mancini, who had been hos­ tributor. In 1'989 he sided with Baccari in a pitalized twice since last year, died Saturday "always did everything we asked, always co­ operative. If he did something I didn't like, fight over the construction of an apartment night of cardiac arrest, at St. Joseph Hos­ building, and refused to pay a lawyer hired pital's Fatima Unit. I'd swear at him in Italian and he just laughed. He though a lot about the library." by the Town Council to battle the construc­ He was a legend. tion. Handshake by handshake, favor by favor, Terry Patriarca, who remains angry at Mancini built a political machine that domi­ being laid off from his Public Works Depart­ "NICE TO HAVE FRIENDS" nated local politics for nearly 30 years. He ment job by Mancini, said he'll miss the Although tarred by the RISDIC scandal, was also a figure of statewide political im­ major nonetheless. Mancini had no trouble winning reelection in portance, serving as chairman of the state "I used to drive him around when he 1992 after a tough primary fight. Democratic Party from 1985 to 1991. couldn't find a driver," said Patriarca. "He Mancini's victory celebration that primary Yesterday, there were signs of mourning had a big heart. He couldn't say no. If he night, in a back room at Julio's Family Res­ throughout the town. At Town Hall, the U.S. could do you a favor, he would. He was like taurant, typified the mayor's style. Appear­ flag flew at half staff; passing motorists a best friend to North Providence." ing after it was clear he had beaten two slowed, almost reverentially, and glanced Mike Favocci, who works at the Jolly Democratic opponents, he didn't take to the briefly toward the front door. Roger Smoke Shop on Smith Street, knew podium and make a speech. He started work­ Inside, department heads met to make Mancini only by reputation. ing the crowd. plans to keep the town's business running "From what I hear, he did a lot to pave the When he finally made it to the front of the smoothly. When the meeting was over, three way for small business owners in the area," room, his words were simple and to the people sobbed openly as they descended the Favocci said. "He certainly left a legacy, and point: "It's nice to have a lot of friends." I don't envy his replacement. Those are big staircase from the second floor. Then it was back to the handshakes, back Town Council President A. Ralph Mollis, shoes to fill. You don't change 20 years over­ to the one-on-one style that gave Mancini who was sworn in as acting mayor last night, night. The trouble is, too often people re­ his clout. announced that Town Hall and the Public member the bad press he got. People talk His challenger in the ensuing general elec­ Works Department would be closed today. about the history of North Providence, but tion, Edmund R. Calcagni, said in an inter­ Funeral arrangements were incomplete. Sal Mancini is the history of North Provi­ view yesterday that he decided to take on There was talk of having the mayor lie in dence." the mayor because he thought Mancini's per­ state at the Salvatore Mancini Union Free FIRST ELECTED IN 1964 formance had slipped badly in recent years. Library, in anticipation of crowds that Mancini was a lifelong bachelor noted for ''Taxes were being increased and services would overwhelm Town Hall. his white hair, dark suits and sartorial were poor," said Calcagni. " I didn't want to "He helped everybody- the young, the old splendor. Everyone called him "Sal," the hurt Sal personally, because he was a nice and the in-between," said 52-year-old resi­ name on his license plate. fellow, but the town was going downhill." dent Anthony Norato. "I guess it was his He was first elected to public office in 1964 Calcagni said he canvassed the entire town way of saying thank-you to the people. He when, as a wealthy electrician and hardware twice and ran into a lot of criticism of was just an unbelievable guy." store owner, he defeated an incumbent Dem­ Mancini. The community has "lost someone who ocrat on the Town Council. "A lot of people said: 'Get that crook out dedieated his life to the town of North Provi­ He was elected mayor in 1973, when the of there,' " said Calcagni. dence and its people," said Mollis. post was established by charter. But Mancini still had the magic. He plas­ A TRUE GENTLEMAN He was the state's longest-reigning munici­ tered Calcagni at the polls. Governor Sundlun yesterday called pal chief, and few would dispute that ALWAYS POLITICALLY LOYAL Mancini an "old-school" politician who left Mancini had been the boss of North Provi­ Former Lt. Gov. Roger Begin, now an exec­ a "legacy of good government." dence for the last quarter-century. utive at Fleet National Bank, said he cannot Mancini "provided honest and effective TAINTED BY RISDIC COLLAPSE forget the help Mancini provided during his government," said Sundlun. " He was always His career was not without its ups and rise from state representative, even though courageous, loyal to the Democratic Party, downs. he hardly knew Mancini when he first solic­ frank in his opinions and courageous. When His resignation, in 1991 , as Democratic ited his support in the mid-1980s. under attack, he was at his best, dignified State Committee chairman was linked to the "Because some of the people who supported and restrained. He was a true gentleman." credit union scandal of that year. He was a me were friendly with Sal, that was Sen. Claiborne Pell, in a statement, re­ member of the Central Credit Union boarci of enough," was Begin. "His loyalty was always called Mancini as " a friend of mine for many directors when it closed in the RISDIC col­ unwavering." years. As mayor of North Providence for two lapse, and many of the other directors had Begin rejected the notion that Mancini was decades, he proved himself to be a strong, been Mancini cronies. It was from that insti- an autocratic leader. He had so many friends 8928 CONGRESSIONAL RECORD-SENATE May 2, 1994 and supporters, said Begin, that nearly ev­ Moore Equipment Co. in Raleigh, dustrial machinery inside the 20,000-square­ eryone at a meeting or political gathering which happens also to be the dealership foot building on U.S. 70 West. was in Mancini's corner to begin with. in eastern North Carolina for the John The group members take turns leading the "People who had that gift, it's hard to de­ study. which Moore started as a practice ses­ scribe how they did it. But it was done out of Deere Co. sion for a women's Bible class she helps deference to his leadership," said Begin. "He Madam President, Rufus and Joan teach every Tuesday at Garner Methodist built a consensus. Moore faithfully practice their spir­ Church. "He manner more often than not tended to itual values; they now own and operate " This is a great opportunity," said L.D. be low key, but when he was unhappy, you a sizable business in Raleigh. When I Collier, a mechanic who participates regu­ knew it." called Rufus Saturday afternoon to larly. "There are very few workplaces where Leo Perrotta, the mayor's chief of staff, praise him for the newspaper account there's freedom to look in the Bible." has said that Mancini developed a reputation of his Christian witness, he chuckled Since Collier began attending the meet­ as gruff and unpolished because he was an and said: ings, he has led sessions on creationism, the unskilled public speaker and uncomfortable fate of mankind and the responsibility of in front of crowds. Well, Jesse, I'm 70 now and I can draw full government as mandated by God. "People thought he was a real tough, hard­ Social Security without my private income "It helps me through the day and week," nosed guy," said David Barriccelli, former affecting it. You know what I'm doing with Collier said. "Christians are in need of being executive director of the state Democratic it? I'm sending my Social Security ' check around other Christians to hear the Word." party. "But he was really a cream puff. If each month to pay for the training of two Other employees also consider the spiritual you knew him, you knew him, you could get missionaries-so I'm using Uncle Sam's break therapeutic. anything out of him." money for something that maybe is taboo up "I learn a little more about the Bible every Former Town Councilman John A. Celona, there in Washington, but there's not a thing day," said Grover Worthington, a service a longtime Mancini supporter who broke they can do about it. manager. "I come away with a good feeling." with the mayor and opposed him in that bit­ Mr. President, this is the genial fel­ That pleases Mrs. Moore, who along with ter three-way primary in 1992, said he was low who always waited a minute or so her husband made the spiritual lunch break "shocked" at the news of the mayor's death. for me when I finished my news broad­ permanent after some employees began at­ "You always felt he would be there," said cast at 6:30 each evening and hot-footed tending regularly. Celona. "I have nothing but sympathy for "We would like for them to have the oppor­ the mayor's family." it to the nearby bus stop for the ride tunity to come and hear about Jesus Christ," Brown University political science profes­ home. Rufus is a successful business­ Mrs. Moore said. "I'm sure there are some sor Darrell West said Mancini's passing may man, but he still has his priorities that come here ·and don't go to church." not have major implications for the state be­ straight-as he always has. Thomas Allen, a custodian at the com­ cause "his role in state politics was highly Madam President, I need not describe pany, said he thinks more businesses should diminished." But for North Providence, he the contents of the news story that I offer Bible breaks. said, "the consequences will be enormous." am about to include in the RECORD. "This could be beneficial to all employ­ COMPARED TO MAYOR DALEY Suffice it to say that Rufus and Joan ees," Allen said. "Mr. Moore doesr..'t twist He compared Mancini's role in the town to your arm or beg you, but asks if you'd like Moore are giving their employees the to come." that of Mayor Richard Daley of Chicago. voluntary opportunity to participate in "No one could command such forces or R.W. Moore stresses to his nearly 50 em­ have the same resources," said West, who Bible study on the job. It's a fascinat­ ployees that the Bible sessions aren't re­ predicted major turf battles in North Provi­ ing story which I believe Senators and quired or even encouraged. dence. others will enjoy. "They're absolutely voluntary," Moore Change, he said, is inevitable. Therefore, Madam President, I ask said. "You come on your own, and if it's a "Even if it's a Democrat (who becomes the unanimous consent that the article benefit to you, that's fine." next mayor), it will be a different type of from the March 28 edition of the Ra­ Moore said he can tell that the employees who regularly fill the training room on Mon­ Democrat," said West. "It will almost cer­ leigh News & Observer be printed in the days are profiting from the sessions. tainly be a Democrat of a different genera­ RECORD at the conclusion of my re­ tion." "They seem happier and stop to consider marks. other people more," Moore said. He and his There being no objection, the article wife have owned the company for 32 years. WORKERS TAKE BLESSED BREAK was ordered to be printed in the Jerry Campbell, a shop foreman, was FROM THEIR TOIL RECORD, as follows: among the first few employees to begin studying the Bible at work. Mr. HELMS. Madam President, I ran [From the Raleigh News & Observer, Mar. 28, 1994] "It helps me get through the week, with across a remarkable month-old news­ everything going on around us," Campbell paper clipping Saturday afternoon as I VOLUNTARY SESSIONS BRING SCRIPTURES INTO said. "Some say it's hard to believe in some­ was trying to reduce the size of a pile THE WORKPLACE one you've never seen before, but I can't get of accumulated correspondence. The (By Deidra Jackson) by without him." headline from the March 28 edition of GARNER.-When the clanking and whirring the Raleigh, NC, News & Observer told of motors and electric tools roar through the it all-or almost all of it: "Voluntary offices of R.W. Moore Equipment Co., it's IRRESPONSIBLE CONGRESS? TAKE hard to find a quiet place. A LOOK AT THIS Sessions Bring Scriptures Into the But on Mondays, some employees claim an Workplace." inner sanctum in a company training room Mr. HELMS. Madam President, the What it did not mention, and there when they close the door and pray. incredibly enormous Federal debt is was no reason it should have, was my These workers, usually a mixture of about like the weather-everybody talks personal relationship years ago with a 15 blacks and whites, gather at noon for about the weather but nobody does Raleigh City bus driver named Rufus weekly bible study sessions, a voluntary 30- anything about it. And Congress talks Moore. Let me mention it now. minute religious break begun two years ago a good game about bringing Federal Dot Helms and I had not been mar­ by the company's co-owner, Joan Moore. Pensive and attentive, the employees lis­ deficits and the Federal debt under ried long when I finished my incon­ tened Monday as Allen Terry, the firm's control, but there are too many Sen­ spicuous and unheroic wartime stint in product-support manager, stood in front of a ators and Members of the House of the Navy, and became news director at world map and related the work ethic to Representatives who unfailingly find Raleigh's radio station WRAL. Rufus scriptures. all sorts of excuses for voting to defeat Moore was driving a city bus whose "If we commit ourselves to hard work, we proposals for a constitutional amend­ route began downtown near the radio must balance it with proper priorities in life, ment to require a balanced Federal station and followed a winding route to meaning the Lord and family." Terry told budget. and beyond Dot's and my home on the group. "If we remember that we're work­ ing for the Lord and not for man, we can im­ As of Friday, April 29, at the close of Stone Street in Raleigh's suburban prove our performance in the workplace." business, the Federal debt stood...:... area. His talk of Genesis, Revelation and other down to the penny-at exactly Today, Rufus W. Moore and his fine books of the Bible muffled the sounds of $4,568,703,047.36. This debt, mind you, wife, Joan, own the thriving R.W. nearby mechanics servicing John Deere in- was run up by the Congress of the Unit- May 2, 1994 CONGRESSIONAL RECORD-SENATE 8929 ed States, because the big-spenders in President F.W. de Klerk delivered his SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS the U.S. Government cannot spend a February 2, 1990 speech in which he an­ FOR THE QUARTER ENDING DEC. 31, 1993 dime that has not first been authorized nounced that political prisoners would Original Pieces and appropriated by Congress. The U.S. be released, the ban on political groups Senators Original total Cost per total per cost capita Constitution is quite specific about such as the African National Congress pieces capita that. would be lifted and the intention of the Akaka ...... 0 0 0 0 And pay no attention to the nonsense government to actively seek a peaceful Baucus ...... 26,418 0.03206 $19,170.22 $0.02326 Bennett ...... 28,450 0.01569 $4,331.97 $0.00239 from politicians that the Federal debt deconstruction of apartheid. Upon this Biden ...... 0 0 0 0 was run up by Ronald Reagan or release, Mr. Mandela repeated a state­ Bingaman ...... 142.700 0.0926 $22,071.07 $0.01396 Bond ...... 32,700 0.00630 $6,433.35 $0.00124 George Bush. The Congress is the vil­ ment he made during his 1964 trail, in Boren ...... 0 0 0 0 lain. which he stated: Boxer ...... 0 0 0 0 Most people cannot conceive of a bil­ Bradley ...... 0 0 0 0 I have fought against white domination, Breaux ...... 0 0 0 0 lion of anything, let along a trillion. It Brown ...... 0 0 0 0 and I have fought against black domination. Bryan ...... 122,600 0.09239 $21 ,522.15 $0.01622 may provide a bit of perspective to I have cherished the idea of a democratic and Bumpers ...... 0 0 0 0 Burns ...... 30,450 0.03695 $4,609.16 $0.00559 bear in mind that a billion seconds ago, free society in which all persons live to­ Byrd ...... 0 0 0 0 Mr. President, the cuban missile crisis gether in harmony and with equal opportuni­ Campbell ...... 0 0 0 0 Chafee ...... 56,800 0.05652 $8,878.34 $0.00883 was going on. A billion minutes ago, ties. It is an ideal which I hope to live for Coats ...... 0 0 0 0 not many years had elapsed since and to achieve. But if needs be, it is an idea Cochran ...... 0 0 0 0 for which I am prepared to die. Cohen ...... 225,900 0.18291 $38,616.81 $0.03127 Christ was crucified. Conrad ...... 3,610 0.00568 $2,802.58 $0.00441 Coverdell ...... 0 0 0 0 Since then he has worked to fulfill Craig ...... 31 ,550 0.02957 $5,630.11 $0.00528 his noble aspiration. D'Amato ...... 0 0 0 0 ELECTIONS IN SOUTH AFRICA Danforth ...... 0 0 0 0 The United States and others con­ Daschle ...... 5,500 0.00774 $812.31 $0.00114 Mr. MOYNIHAN. Madam President, DeConcini ...... 0 0 0 0 last week we witnessed an exhilarating tinue to support democratic change in Dodd ...... 0 0 0 0 appropriate ways. A year later, when Dole ...... 0 0 0 0 event for those of us who have long Domenici ...... 0 0 0 0 hoped for change in South Africa. The the Bush administration proposed lift­ Dorgan ...... 0 0 0 0 ing economic sanctions against South Durenberger ...... 18,350 0.00410 $3,376.68 $0.00075 fruits of years of struggle for an end to Exon ...... 0 0 0 0 apartheid in South Africa have ripened Africa, I stated for the record that Fa ircloth ...... 0 0 0 0 Feingold ...... 0 0 0 0 as the country held its first multi­ while de Klerk reforms were a praise­ Feinstein ...... 4,537 0.00015 $3,593.61 $0.00012 worthy development in South Africa, Ford ...... 0 0 0 0 racial election. Glenn ...... 0 0 0 0 The votes of those oppressed by dec­ more was needed: Gorton ...... 32,175 0.00626 $10,059.78 $0.00196 Graham ...... 0 0 0 0 ades of racial segregation will propel The reality of apartl:).eid remains and we Gramm ...... 331,050 0-. 01875 $61,501.77 $0.00348 South Africa into a new era of political must not permit the South African Govern­ Grassley ...... 0 0 0 0 ment to believe that it has done enough, Gregg ...... 0 0 0 0 participation and racial equality. Harkin ...... 3,211 0.00114 $1 ,017.89 $0.00036 Those who have tried to scuttle the that the international community is satis­ Hatch ...... 0 0 0 0 elections through political manipula­ fied. The truth is very different. The South Hatfield ...... 78,000 0.02620 $12,882.54 $0.00433 African Government has only just begun to Heflin ...... 782,000 0.18907 $124,802.23 $0.03017 tion, threats and violence have failed. Helms ...... 0 0 0 0 correct the injustice of apartheid and the Hollings ...... 0 0 0 0 The enthusiasm of the people of South United States Congress will be monitoring Hutchison ...... 0 0 0 0 Africa, the majority of whom have Inouye ...... 0 0 0 0 its continued progress closely. Jeffords ...... 62,192 0.10911 $13,511.91 $0.02371 waited their whole lives for this oppor­ Johnston ...... 80,000 0.01866 $11 ,544.54 $0.00269 And we will still be monitoring Kassebaum ...... 0 0 0 0 tunity, is unparalleled. Kempthorne ...... 0 0 0 0 Only a few years ago the possibility events in South Africa closely to be Kennedy ...... 0 0 0 0 sure the elections were fair and the Kerrey ...... 0 0 0 0 of holding these elections was remote. Kerry . 0 0 0 0 It is a testament to the bravery of transfer of power is smooth and accord­ Kohl ...... 0 0 0 0 ing to schedule. As the vestiges of the lautenberg ...... 3,250 0.00042 $724 .83 $0.00009 those oppressed by apartheid and to Leahy ...... 6,990 0.01226 $1 ,672.99 $0.00294 the indomitable desire for freedom that legally-enforced racist policies of levin .. .. . 40,521 0.00429 $7 ,872.67 $0.00083 apartheid are stripped away, those in Lieberman 46,725 0.01424 $7 ,285.87 $0.00222 after this long and difficult struggle Lott ...... 0 0 0 0 those seeking fundamental liberties South Africa who have dedicated their Lugar ...... 1,575 0.00028 $335.12 $0.00006 lives to achieving this triumph will Mack ...... 0 0 0 0 have prevailed. Despite rising inter­ Mathews ...... 0 0 0 0 national pressure and growing popular hear the applause as they join the fam­ McConnell ...... 356,197 0.09486 $70 ,662.02 $0.01882 ily of nations committed to democ­ McCa in ...... 0 0 0 0 unrest, the government clung to the Metzenbaum ...... 195,500 0.01775 0 0 fetters of apartheid. racy, universal suffrage and the rule of Mikulski ...... 0 0 0 0 law. I congratulate the people of South Mitchell ...... 0. $29,785.37 $0.02412 As early as 1975 the apartheid govern­ Moseley-Braun 0 0 0 0 ment felt the effects of international Africa on this momentous achieve­ Moynihan 29,000 0.00160 $6,291.73 $0.00035 ment. Murkowski ...... 250,000 0.42589 $0.06527 scrutiny, when the United Nations Murray ...... 3,980 0.00077 $38$~§U~ $0.00015 General Assembly adopted a resolution Nickles . 10,425 0.00325 $2,137.16 $0.00067 Nunn .... 0 0 0 0 entitled "Solidarity With the South Packwood ...... 131 ,800 0.04427 $22,729.05 $0.00763 African Political Prisoners." I had the Pell ...... 0 0 0 0 Pressler 7,329 0.01031 $5,799.66 $0.00816 honor of representing the United SENATE QUARTERLY MAIL COSTS Pryor .. 3,350 0.00140 $729.56 $0.00030 States as the Permanent Representa­ Reid ...... 0 0 0 0 Riegle .. 16,500 0.00175 $3,138.70 $0.00033 tive to the United Nations when this Mr. FORD. Madam President, in ac­ Robb ...... 0 0 0 0 matter came before the Assembly. The cordance with section 318 of Public Rockefeller 27 ,900 0.01540 $3,844.79 $0.00212 Roth ...... , ...... 62 ,500 0.09071 $10,746.03 $0.01560 United States delegation presented a Law 101-520, I am submitting the sum­ Sarbanes ...... 3,175 0.00065 $675.12 $0.00014 mary tabulations of Senate mass mail Sasser ...... 27 ,600 0.00549 $4,892.10 $0.00097 very strong lawyer-like case against Shelby ...... 0 0 0 0 apartheid by documenting specific po­ costs for the first quarter of fiscal year Simon ...... 236,563 0.02034 $36,558.61 $0.00314 1994, that is the period of October 1, Simpson ...... 36,350 0.07800 $5,098.55 $0.01094 litical prisoners, including Nelson Smith ...... 23,900 0.02151 $3 ,947 .02 $0.00355 Mandela, held in South Africa and 1993 through December 31, 1993, to be Specter ...... 0 0 0 0 printed in the RECORD, along with the Stevens ...... 0 0 0 0 thereby refuting their United Nations Thurmond ...... 0 0 0 0 Representative's claim that not one in­ quarterly statement from the U.S. Wallop .... . 9,010 0.01933 $1 ,917.61 $0.00412 Postal Service setting forth the Sen­ Warner .. . 0 0 0 0 dividual was held in South Africa be­ Well stone 35,250 0.00787 $35,250.00 $0.00787 cause of their opposition to apartheid. ate's total postage costs for the quar­ Wofford . 0 0 0 0 Nelson Mandala's crime for which he ter. Total served 27 years in prison, was to advo­ There being no objection, the mate­ Other offices Total cost cate equality and democratic reforms. rial was ordered to be printed in the pieces He was finally released 9 days after RECORD, as follows: The Vice President ...... $0.00 8930 CONGRESSIONAL RECORD-SENATE May 2, 1994

Other offices Total Total cost FRANKED MAIL-SENATE-Continued merce for Export Administration. In pieces [Postal Quarter I, fiscal year 1994] that position he will have key respon­ The President Pro-Tempore ... . 0 $0.00 sibilities for administering the Export The Majority Leader ...... 0 Subcategories Pieces Rate Amount Administration Act [EAA], which per­ The Majority Leader ...... 0 roo0.00 The Assistant Majority Leader ...... 0 0.00 Total ...... 2,090 .6407 1,339 mits exports to be controlled for the The Assistant Minority Leader ...... 0 0.00 ======purposes of national security, foreign Secretary of Majority Conference ...... 0 $0.00 5. Agriculture Bulletins: Secretary of Minority Conference ...... 0 $0.00 first Cla ss ...... policy, and domestic short supply. The Agriculture Committee ...... 0 $0.00 Priority-Up to 11 oz ...... Banking Committee, in legislation it Appropriations Committee ...... 0 $0.00 Priority-Over 11 oz ...... Armed Services Committee ...... 0 $0.00 3rd Class ...... sponsored in 1985, created the position Banking Committee ...... 0 $0.00 4th Class Special (Bk) ...... of Under Secretary for Export Adminis­ Budget Committee ...... 0 $0.00 4th Class Regular 10.0000 10 Commerce Committee ...... 0 $0.00 tration in order to separate the func­ Energy Committee ...... 0 Total ...... 10.0000 10 tions of export promotion and export Environment Comm ittee ...... 0 roo0.00 Finance Committee ...... 0 $0.00 6. Yearbooks: 4th Class Special controls in the Commerce Department. Foreign Relations Comm ittee ...... 0 (Bk) ...... 518 1.4807 767 Mr. Reinsch worked on that 1985 legis­ Governmental Affairs Committee ...... 0 roo0.00 Jud iciary Committee ...... 0 0.00 Total 518 1.4807 767 lation and is extremely well qualified labor Comm ittee ...... 5,250 $1,138.86 Rules Committee ...... 0 $0.00 to perform his duties. His nomination Small Business Committee ...... 0 7. Other (Odd Size Parcels) : was reported out of the Banking Com­ $0.00 Priority-Up to 11 oz ...... Veterans Affa irs Committee ...... 0 $0.00 1994 Ethics Committee ...... 0 $0.00 Priority-Over 11 oz ...... 445 36.2067 16,112 mittee on March 24, on a biparti­ Indian Affairs Committee ...... 0 lo.oo 4th Class Special (Bk) ...... san basis by a vote of 16-0. Intelligence Committee ...... 0 0.00 4th Class Regular ...... 1,963 11.0652 21,721 Mr. Reinsch has prepared himself Aging Committee ...... 0 $0.00 ------Joint Economic Committee ...... 0 $0.00 Total ...... 2,408 15.7114 37,833 well by both his education and prior Joint Committee on Printing ...... 0 $0.00 professional career to take on his new Jemie Congress lnaug ...... 0 $0.00 Total Outside DC ...... · 256,678 .4999 128,303 Democratic Policy Committee ...... : ...... 0 $0.00 (See Attachment) duties as Under Secretary of Commerce Democratic Conference ...... 0 $0.00 for Export Administration. He received Republican Policy Committee ...... 0 $0.00 Permit Imprint Mailings: Republican Conference ...... 0 $0.00 lsi Class Single Piece Rate ...... 55,473 .2500 13,866 his BA from the Johns Hopkins Univer­ legislative Counsel ...... 0 $0.00 3d Class Bulk Rate ...... 4,010,055 .1254 502,847 sity in 1968 and his MA from the John Legal Counsel ...... 0 $0.00 Parcel Post---PI ...... 313 6,7572 2,115 Secretary of the Senate ...... 0 $0.00 First Class Single Piece--PI ...... Hopkins School of Advanced Inter­ Sergeant at Arms ...... 0 Address Corrections (3547'S) .... . 47 .3404 16 national Studies in 1969. He has over 20 Narcotics Caucus ...... 0 roo0.00 Address Corrections (3RD Cl) .... Scmte POW/MIA ...... 0 0.00 Mailing List Corrections (10 years of service on Capitol Hill, having Names or Less) ...... worked in both the House and the Sen­ Mailing List Corrections (More U.S. POSTAL SERVICE, Than 10 Names) ...... ate. During the years 1977- 1991 he Washington, DC, April 21, 1994. Mailgrams:. served on the staff of the late Senator Hon. WENDELL H. FORD, IPA-International Priority Airmail Mailing fees (Registry, Certified, John Heinz working on trade and inter­ Chairman, Committee on Rules and Administra­ Etc.) ...... national economic policy issues. Dur­ tion, U.S. Senate. Postage Due/Short Paid Mail ...... DEAR MR. CHAIRMAN: Detailed data on Permit Fees ...... ing most of that period Senator Heinz Mise Charges (Books Shipped by was either chairman or ranking mem­ franked mail usage by the U.S. Senate for the Library of Congress ...... 2,271 the first quarter, Fiscal Year 1994, is en­ Express Mail Service ...... 238,954 ber of the Banking Committee's Sub­ closed. Total postage and fees for the quarter ======committee on International Finance is $1,691,073. Subtotal ...... 6,603,662 .2820 1,862,018 Adjustments (GFY to PfY) ... . (390,508) (.4378) (170,945) and Monetary Policy whose jurisdic­ A summary of Senate franked mail usage, tion includes the Export Administra­ based upon the first quarter of actual data Grand total ...... 6,213,154 .2722 1,691,073 tion Act. Mr. Reinsch handled Senator for Fiscal Year 1994, is as follows: Heinz's work on export controls which included reauthorizations of the EAA CONCLUSION OF MORNING in 1979, 1985, and 1988. He is intimately Volume ...... 6,213,154 BUSINESS familiar with the statute and the ad­ Revenue per piece ...... $.2722 The ACTING PRESIDENT pro tem­ ministrative regulations governing ex­ Revenue ...... $1,691,073.00 pore. Morning business is closed. port controls. Provisional Payments ...... $0.00 After Senator Heinz' death, Senator Amount due USPS ...... $1,691 ,073.00 ROCKEFELLER hired Mr. Reinsch to do A bill is enclosed for these charges. EXECUTIVE SESSION his trade work and, according to testi­ If you or your staff have any questions on mony Senator ROCKEFELLER delivered the above, please call Tom Galgano of my Of­ at Mr. Reinsch's confirmation hearing, ficial Mail Accounting staff on (202) 268-3255. THE NOMINATION OF WILLIAM he did it extremely well. Mr. Reinsch Sincerely, ALAN REINSCH TO BE UNDER has also written on a variety of trade ALFRED CARREON, Jr., SECRETARY OF COMMERCE FOR Manager, Post Office Accounting, topics and has taught graduate courses Corporate Accounting. EXPORT ADMINISTRATION in trade policy at the University of The ACTING PRESIDENT pro tem­ Maryland University College Graduate FRANKED MAIL-SENATE pore. Under the previous order, the School of Management and Tech­ [Postal Quarter I, fiscal year 1994] hour of 3:30 p.m. having arrived and de­ nology. The Banking Committee is now in Subcategories Pieces parted, the Senate will now go into ex­ Rate Amount ecutive session to consider the nomina­ the process of rewriting the Export Ad­ 1. letters: First Class ...... 2,109,240 $0.2900 $611,680 tion of William Reinsch to be Under ministration Act, which expires on Total ...... 2,109,240 .2900 611,680 Secretary of Commerce for Export Ad­ June 30 of this year. We are working ministration. with the administration to refocus our 2. flats: first Class ...... 121 ,150 1.1064 134,040 The clerk will report the nomination. export control system from the former Total ...... 121 ,150 1.1064 134,040 The assistant legislative clerk read realities of the cold war to the new re­ alities of preventing the proliferation 3. Parcels: the nomination of William Alan Priority-Up to 11 oz ...... Reinsch, of Maryland, to be Under Sec­ of chemical, biological, and nuclear Priority-Over 11 oz ...... 18,412 ... 4:3469" 80,035 weapons and the means to deliver 4th Class-Regular ...... 27,277 3.9547 107,872 retary of Commerce for Export Admin­ istration. them. We have held several hearings on Total ...... 45,689 4.1127 187,907 The Senate proceeded to consider the the subject, and have heard from indus­ 4. Orange Bag Pouches: nomination. try representatives, proliferation ex­ first Cl ass 1,954 .3608 705 perts, and administration officials on Priority-Up to... i "i" · ~.; · ·:::::::::::::::::::: 27 2.8889 78 Mr. RIEGLE. Madam President, I Priority-Over 11 oz ...... 109 5.1009 556 support the nomination of William how to bring our export control regime Reinsch to be Under Secretary of Com- into line with post-cold war realities. May 2, 1994 CONGRESSIONAL RECORD-SENATE 8931 As Under Secretary of Export Adminis­ ure in the Senate. He has left his mark Bill is superbly qualified to serve as tration, Mr. Reinsch has both the sub­ on all of the major trade bills that Under Secretary of Commerce for Ex­ stantive and legislative experience have made their way through the legis­ port Administration. It is an extremely needed to help rewrite the Export Ad­ lative process since the late 1970's, and important position. Through his ad­ ministration Act this year. has been one of the most creative ministration of the Export Administra­ Mr. Reinsch has shown his commit­ thinkers and conceptualizers in shap­ tion Act, Bill will have to strike the ment to public service during his 20- ing a wide range of proposals to deal proper balance of promoting exports year career on Capitol Hill. His knowl­ with the competitiveness problem as it with curbing the proliferation of weap­ edge and experience clearly make him has emerged and then took a central ons of mass destruction. I believe he very well qualified to assume the posi­ place on the public agenda in the past brings the knowledge and perspective tion of Under Secretary of Commerce 10 years. to do just that. And with the Export for Export Administration, and I urge Throughout his dedicated service in Administration Act set to expire later his confirmation. the Senate, Bill Reinsch also kept his this year, few are in as good a position Mr. ROCKEFELLER. Madam Presi­ hand in academia. He served as an ad­ as Bill to help tackle the reauthoriza­ dent, I rise in the strongest possible junct professor at the University of tion process. support for the nominee before u&-Wil­ Maryland's Graduate School of Man­ I know many of my colleagues share liam Alan Reinsch, who has been nomi­ agement and Technology. His course on my view that the Senate is losing a nated by President Clinton for the po­ international trade and trade policy great resource in Bill Reinsch. Even sition of Under Secretary of Commerce has been highly popular, and I only though he was most recently in the for Export Administration. wish I had the chance to enroll. service of Senator ROCKEFELLER, he Many Members of this body know Madam President, I am very disappointed was indeed a resource for all of us. Bill Reinsch and his outstanding quali­ that this nomination has been stalled. It Madam President, I urge my col­ fications. For 14 years, from 1977 to seems unfair to this extremely dedicated and leagues to support the confirmation of 1991, Bill served on the staff of the late capable individual who has been asked to perform an extremely difficult job. It most Bill Reinsch. • Senator John Heinz. In those years, Mr. DURENBERGER. Madam Presi­ Bill developed a stellar reputation for definitely puts added stress on the adminis­ tration's ability to administer major respon­ dent, I rise in strong support for the his knowledge of trade and competi­ sibilities that have been handed them by nomination of William Reinsch, nomi­ tiveness policy issues; for his skill in Congress through laws that we write and we nee for Under Secretary of Commerce problem-solving and consensus build­ passed. It is appalling that the position of for Export Administration. As a long ing; and for his immense personal in­ Under Secretary for Export Administration time Senate employee, Bill is known tegrity and dedication. has not had a confirmed official in place and respected by many of us, and it is During those years, Senator Heinz since February 1991. After a great deal of ef­ fort, President Clinton made the wise deci­ a great mystery to me why his con­ was chairman or ranking minority firmation has been held up for so long, member of the Banking Committee's sion to try to fill it with this superb human Subcommittee on International Fi­ being and public servant, Bill Reinsch. seemingly to protest issues which are nance and Monetary Policy. That sub­ This is an urgent matter. In the wake not related to Bill's soon-to-be-as­ committee has jurisdiction over the of the cold war, our country must take sumed duties to administer our export Export Administration Act along with on the job of reconfiguring our export control laws. related issues. As a result, Bill Reinsch control system to deal with new reali­ Those of us who serve on the Finance participated in at least five rewrites of ties. We have to refocus on non­ and/or Banking Committees are well this act, becoming one of the staff proliferation goals and on the so-called aware of the excellent staff work pro­ members in Congress with the most in­ pariah nations like Iran, Iraq, Libya, vided by Bill Reinsch in the Senate for depth knowledge and understanding of and North Korea that pose very dif­ the late Senator Heinz and now for this complex law, related issues, the ficult challenges for us and the world Senator ROCKEFELLER. Bill has a broad agencies involved in administering the community. The current Exportation and deep knowledge of all areas of law. Throughout these years, he Administration Act expires on June 30, international trade policy and is great­ worked closely with offices on both less than 2 months from now. ly respected by all of us. sides of the aisle, in both bodies of Con­ Again, the President has proposed While there have been occasions that gress, and with many varied private· someone who is prepared to assume administration nominees have ap­ sector interests that have a high de­ this immense responsibility. I can not peared to lack the appropriate back­ gree of interest in these issues. imagine what rationale there is to hold ground for the position in question, This experience is precisely what this up for another minute. Congress there is absolutely no doubt here about makes us so fortunate that President expects near miracles from the execu­ the qualifications of Bill Reinsch. Clinton is seeking Bill Reinsch to serve tive branch in areas like export con­ There may well be no other Senate as the administration's top official trols, and yet here we are, trying to get staffer, or any other individual, who charged with export administration a decision made on an immensely has more knowledge or involvement in and controls. Here is a nominee who qualified, dedicated, and proven public the complicated area of export control embodies the qualifications that I servant who has waited for months for laws than Bill. The reauthorization of would hope we all look for in a position the Senate to act on his nomination. our export control laws is always con­ of this importance-from his tremen­ I am privileged to be here to share troversial, and usually involves major dous experience with the issues, to his what I know and feel about Bill reforms, as we have sought to update personal commitment to public service Reinsch with my colleagues. Madam those laws to promote the right bal­ and sound policy. · President, it is my hope that this nom­ ance between national security and for­ Although I knew Bill Reinsch before ination will be approved without any eign policy concerns and the facili ta­ 1991, the tragic death of Senator Heinz further delay. t ion of exports to promote improve­ led to the very special bond between • Mr. WOFFORD. Madam President, ments in our economy and increased Bill and myself. Three years, ago, Bill few who are called to serve the public job opportunities. Bill has always been joined my staff as my advisor on trade, have the combination of expertise, in­ instrumental in crafting and pursuing competitiveness, foreign relations, and tegrity and deep dedication to public the very difficult compromises needed defense issues. In this period, Bill con­ service that Bill Reinsch possesses. to facilitate passage of this important tinued to be a locus for congressional Having relied upon his advise, I can at­ legislation. staff and private sector specialists con­ test to Bill's attributes personally. I I can think of no one more appro­ .cerned with · these immensely impor­ also speak on behalf of the people of priate for this nomination than Bill tant issues. Pennsylvania, many of whom he helped Reinsch. We have delayed the nomina­ Bill Reinsch deserves to take a great directly and through his service to my tion for no reason. There is no need to deal of pride in his distinguished ten- predecessor, Senator Heinz. even debate his credentials for the po- 8932 CONGRESSIONAL RECORD-SENATE May 2, 1994 sition. Let us approve his nomination Sec. 102. Furnishing and using reports; use of other adverse or unfavorable change in the on a voice vote today. information obtained from re­ terms of coverage or amount of, any insurance, Mr. BRYAN. Madam President, there ports. existing or applied for, in connection with the is no more debate on this side of the Sec. 103. Amendments relating to prescreening underwriting of insurance. of consumer reports. "(4) LICENSE OR BENEFIT.-A denial or can­ aisle. Sec. 104. Amendments relating to obsolete infor­ cellation of, or an increase in any charge for, or Mr. BENNETT addressed the Chair. mation and information contained any other adverse or unfavorable change in the The ACTING PRESIDENT pro tem­ in consumer reports. terms of, any license or benefit described in sec­ pore. The Senator from Utah is recog­ Sec. 105. Amendments relating to compliance tion 604(a)(3)(D). nized. procedures. "(5) CONSUMER INITIATED BUSINESS TRANS­ Mr. BENNETT. Madam President, Sec. 106. Amendments relating to consumer dis­ ACTION.-A denial or cancellation of, or any there is no more debate on this side ei­ closures. other adverse or unfavorable change in the ther. Sec. 107. Amendments relating to procedures in terms of, any business transaction that the case of the disputed accuracy of consumer has initiated or sought to initiate.". The ACTING PRESIDENT pro tem­ any information in a consumer's (b) l)EFINITION OF CONSUMER REPORT.-Sec­ pore. The question is on agreeing to file. tion 603(d) of the Fair Credit Reporting Act (15 the nomination. Sec. 108. Amendment relating to charges for dis­ U.S.C. 1681a(d)) is amended in the second sen­ The nomination was confirmed. closure. tence- Mr. BRYAN. Madam President, I Sec. 109. Amendments relating to duties of users (1) by inserting before the semicolon at the move to reconsider the vote. of consumer reports. end of subparagraph (A) ", or any communica­ Mr. BENNETT. I move to lay that Sec. 110. Amendments relating to civil liability. tion of that information or information (i) from motion on the table. Sec. 111. Amendments relating to responsibil­ a credit application by a consumer, provided ities of persons who furnish infor­ that it is clearly and conspicuously disclosed to The motion to lay on the table was mation to consumer reporting the consumer with the application that the in­ agreed to. agencies. formation may be provided to such entities and Mr. BRYAN. Madam President, I ask Sec. 112. State action to enforce Act. the consumer does not prohibit such disclosure that the President be immediately no­ Sec. 113. Administrative enforcement. (in writing, using a signature line that is sepa­ tified of the Senate's action and that Sec. 114. Establishment of toll-free telephone rate and distinct from that used for the consum­ the Senate then return to legislative number. er's consent to the extension of credit); or (ii) session. Sec. 115. Action by FTC. among the person making the report, an entity Sec. 116. Relation to State laws. related by common ownership to that person, The ACTING PRESIDENT pro tem­ Sec. 117. Fair debt collection practices. and an entity affiliated by corporate control pore. Without objection, it is so or­ Sec. 118. Effective dates. with that person"; dered. TITLE II-CREDIT REPAIR (2) in subparagraph (B), by striking "or" ORGANIZATIONS after the semicolon at the end; and (3) in subparagraph (C), by striking the period LEGISLATIVE SESSION Sec. 201. Regulation of credit repair organiza­ at the end and inserting the following: ";or (D) tions. any communication of information about a The ACTING PRESIDENT pro tem­ TITLE I-AMENDMENTS TO THE FAIR consumer between persons who are affiliated by pore. The Senate will now return to CREDIT REPORTING ACT common ownership or common corporate control legislative session. SEC. 101. DEFINITIONS. and in connection with a credit or insurance Mr. BRYAN. Madam President, I sug­ (a) ADVERSE ACTION.-Section 603 of the Fair transaction that is not initiated by the gest the absence of a quorum. Credit Reporting Act (15 U.S.C. 1681a) is amend­ consumer, if either person has complied with The ACTING PRESIDENT pro tem­ ed by adding at the end the following new sub­ section 615(d)(2)(B) with respect to a consumer pore. The clerk will call the roll. section: report from which the information is taken and The assistant legislative clerk pro­ "(k) The term 'adverse action', when used in the consumer has consented to use of the report connection with an action based in whole or in for the transaction in accordance with section ceeded to call the roll. 615(d)(2)(C). ". Mr. BRYAN. Mr. President, I ask part on information contained in a consumer re­ port, means an action that is adverse or less fa­ (C) FIRM 0FFER.-Section 603 of the Fair unanimous consent that the order for vorable to the interest of the consumer who is Credit Reporting Act (15 U.S.C. 1681a), as the quorum call be rescinded. the subject of the report. Without limiting the amended by subsection (a), is amended by add­ The PRESIDING OFFICER (Mr. HOL­ general applicability of the foregoing, the fol­ ing at the end the following new subsection: LINGS). Without objection, it is so or­ lowing constitute adverse actions: "(l) The term 'firm offer' means an offer of dered. "(1) CREDIT.- c;redit or insurance to a consumer that will be "(A) ACTIONS INCLUDED.-A denial or revoca­ honored by the offeror if- "(1) based on information in the consumer re­ tion of credit, an increase in the charge tor cred­ port on the consumer or other information bear­ it, an adverse change in the terms of an existing CONSUMER REPORTING REFORM ing on the creditworthiness of the consumer, the credit arrangement, or a refusal to grant credit ACT OF 1994 consumer is determined to meet the criteria used in substantially the amount or on substantially to select consumers tor the offer; and The PRESIDING OFFICER. Under the terms requested. "(2) the information provided by the consumer "(B) ACTIONS NOT INCLUDED.-For the pur­ the previous order, the Senate will now in the application in response to the offer- proceed to consideration of S. 783. The poses of this paragraph, the term 'adverse ac­ "(A) is not determined to be incorrect or inad­ clerk will report. tion' does not include- equate; and The legislative clerk read as follows: "(i) an attempt to collect a debt owed or alleg­ "(B) meets the criteria established by the edly owed; offeror in advance of the offer for such exten­ A bill (S. 783) to amend the Fair Credit Re­ "(ii) an action taken with respect to a credit porting Act, and for other purposes. sion of credit or insurance.". or insurance transaction that is not initiated by (d) CREDIT OR INSURANCE TRANSACTION THAT The Senate proceeded to consider the the consumer if- IS NOT INITIATED BY THE CONSUMER.-Section bill which had been reported from the "(1) no change is made with respect to the in­ 603 of the Fair Credit Reporting Act (15 U.S.C. Committee on Banking, Housing, and terests of the consumer; or 1681a), as amended by subsection (c), is amend­ Urban Affairs, with an amendment to "(II) a change is made that is not unfavorable ed by adding at the end the following new sub­ to the interests of the consumer; and section: strike all after the enacting clause and "(iii) an action taken with respect to the re­ inserting in lieu thereof the following: "(m) The term 'credit or insurance transaction view of an account under section 604(a)(3)(A), that is not initiated by the consumer' does not SECTION 1. SHORT TITLE; TABLE OF CONTENTS. if- include the use of a consumer report by a person (a) SHORT TITLE.-This Act may be cited as "(I) no change is made with respect to the in­ with whom the consumer has an account, for the "Consumer Reporting Reform Act of 1994". terests of the consumer; or purposes ot- (b) TABLE OF CONTENTS.-The following is a "(II) a change is made that is not unfavorable "(1) reviewing the account; or table of contents tor this Act: to the interests of the consumer. "(2) collecting the account.". Sec. 1. Short title; table of contents. "(2) EMPLOYMENT.-A denial of employment SEC. 102. FURNISHING AND USING REPORTS; USE or other adverse or less favorable decision relat­ OF INFORMATION OBTAINED FROM TITLE I-AMENDMENTS TO THE FAIR ing to employment. REPORTS. CREDIT REPORTING ACT "(3) INSURANCE.-A denial or cancellation of, (a) USE OF REPORTS FOR EMPLOYMENT AND Sec. 101. Definitions. an increase in any charge for, or reduction or BUSINESS PURPOSES.-Section 604 of the Fair May 2, 1994 CONGRESSIONAL RECORD-SENATE 8933 Credit Reporting Act (15 U.S.C. 1681b) is amend­ consumer, except that if the person has a rea­ "(2) LIMITS ON INFORMATION RECEIVED UNDER ed- sonable belief that the consumer has engaged in PARAGRAPH (l)(B).-A person may receive pursu­ (1) by striking "A consumer reporting agency fraudulent or criminal activity, no such oppor­ ant to paragraph (l)(B) only- may furnish" and inserting the following: tunity to respond shall be required.". "(A) the name and address of a consumer; "(a) IN GENERAL.-A consumer reporting (b) USE OF INFORMATION OBTAINED FROM RE­ and agency may furnish"; PORTS.-Section 604 of the Fair Credit Reporting "(B) information pertaining to a consumer (2) in subsection (a)(3)(A) (as designated by Act (15 U.S.C. 1681b), as amended by subsection that is not identified or identifiable with the paragraph (1)), by striking "and involving the" (a), is amended by adding at the end the follow­ consumer. and all that follows through the semicolon and ing new subsection: "(3) INFORMATION REGARDING INQUIRIES.-Ex­ inserting "or involving the extension of credit "(c) CERTAIN USE OR OBTAINING OF INFORMA­ cept as provided in section 609(a)(4), a consumer to, or review or collection of a credit or other ac­ TION PROHIBITED.-A person shall not use or ob­ reporting agency shall not furnish to any per­ count of, the consumer;"; tain information from a consumer report for any son a record of inquiries resulting from credit or (3) in subsection (a)(3) (as designated by para­ purpose unless- insurance transactions that are not initiated by graph (1)), by striking subparagraph (E) and in­ "(]) it is obtained for a purpose tor which the a consumer.". serting the following: consumer report is authorized to be furnished (b) FURNISHING CONSUMER REPORTS FOR DI­ "(E) otherwise has a legitimate business need under subsection (a); and RECT MARKETING TRANSACTJONS.-Section 604 of tor the information in connection with a busi­ "(2) the purpose is certified in accordance the Fair Credit Reporting Act (15 U.S.C. 1681b), ness transaction that- with section 607 by a prospective user of the re­ as amended by subsection (a), is amended by "(i) is initiated by the consumer; or port.". adding at the end the following new sub­ "(ii) is a direct marketing transaction for (c) DISCLOSURE OF CONSUMER REPORTS BY sections: which the furnishing of a consumer report by USERS.-Section 607 of the Fair Credit Reporting "(e) FURNISHING CONSUMER REPORTS FOR DI­ the agency is not prohibited under subsection Act (15 U.S.C. 1681e) is amended by adding at RECT MARKETING TRANSACTIONS NOT INITIATED (e)."; and the end the following new subsection: BY CONSUMER.- (4) by adding at the end the following new "(c) DISCLOSURE OF CONSUMER REPORTS BY "(]) FURNISHING REPORTS PROHIBITED.-EX­ subsection: USERS ALLOWED.-A consumer reporting agency cept as provided in subsection (d), a consumer "(b) CONDITIONS FOR FURNISHING AND USING may not prohibit a user of a consumer report reporting agency may not furnish a consumer CONSUMER REPORTS FOR EMPLOYMENT PUR­ furnished by the agency on a consumer from report tor use for a direct marketing transaction POSES.- disclosing the contents of the report to the that is not initiated by the consumer to whom "(1) CERTIFICATION FROM USER.-A consumer consumer if adverse action against the consumer the report relates, if- reporting agency may furnish a consumer report has been taken or is contemplated by the user of "(A) the consumer notifies the agency that for employment purposes only- the consumer report, based in whole or in part the consumer does not consent to that use; "(A) if the person who obtains such report on the report. ". "(B) the report includes any information from the agency certifies to the agency that- (d) USE OF REPORTS To ESTABLISH AND EN­ other than the name and address of the "(i) the disclosure required under paragraph FORCE CHILD SUPPORT ORDERS.-Section 604(a) consumer; or (2) has been made and, if necessary, the disclo­ of the Fair Credit Reporting Act (15 U.S.C. "(C) furnishing the information would dis­ sure required under paragraph (3), shall be 1681b), as amended by subsections (a) and (b), is close the credit payment history, credit limit, made; and amended by adding at the end the following credit balance, or any negative information per­ "(ii) information from the consumer report new paragraph: taining to the consumer. will not be used in violation of any applicable "(4) In response to a request from the head of "(2) NOTIFICATION.-A consumer may notify a Federal or State equal employment opportunity the agency, department, or office (or an official consumer reporting agency for purposes of para­ law or regulation; and authorized by the head of that agency, depart­ graph (l)(A) either- "(B) if the consumer reporting agency pro­ ment, or office) that is responsible under law for "(A) in writing; or vides with the report a summary of the consum­ obtaining child support orders, in order to estab­ "(B) in the case of an agency that compiles er's rights under this title, as prescribed in ac­ lish an individual's obligation to make child and maintains files on consumers on a nation­ cordance with section 609(c)(3). support payments or to determine the appro­ wide basis, by calling the toll-free telephone "(2) DISCLOSURES TO PROSPECTIVE AND CUR­ priate level of such payments. Any consumer re­ number established pursuant to subsection RENT EMPLOYEES.- port obtained pursuant to this paragraph shall (/)(3). "(A) IN GENERAL.- Except as provided in sub­ be kept confidential (other than for its use in "(f) ELECTION OF CONSUMER TO BE EXCLUDED paragraph (B), a person may not procure a connection with a public hearing related to FROM L!STS.- consumer report, or cause a consumer report to child support) and shall not be used in connec­ "(1) IN GENERAL.-A consumer may elect to be procured, for employment purposes with re­ tion with any other civil, administrative, or have such consumer's name and address ex­ spect to a prospective or current employee un­ criminal proceeding.". cluded from any list provided by a consumer re­ less- SEC. 103. AMENDMENTS RELATING TO porting agency pursuant to subsection (d)(l)(B) "(i) the prospective or current employee has PRESCREENING OF CONSUMER RE­ or (e)(2), by- received, before the report is procured, a clear PORTS. "(A) notifying the agency, in writing or and conspicuous disclosure made in writing that (a) IN GENERAL.-Section 604 of the Fair Cred­ through the notification system maintained by consumer reports may be used for employment it Reporting Act (15 U.S.C. 1681b), as amended the agency under paragraph (3), that the purposes; and by section 102, is amended- consumer does not consent to any use of "(ii) the prospective or current employee has (1) in subsection (a), by striking "A consumer consumer reports relating to the consumer in provided a general or specific written authoriza­ reporting agency" and inserting "Subject to connection with any credit or insurance trans­ tion for the procurement of the report prior to subsection (d), a consumer reporting agency"; action that is not initiated by the consumer or such procurement. and in connection with a direct marketing trans­ "(B) WRITTEN MATERIAL CONSTITUTING NO­ (2) by adding at the end the following new action that is not initiated by the consumer; or TICE.-A written statement that consumer re­ subsection: "(B) returning to the agency a signed written ports may be used for employment purposes "(d) LIMITATIONS ON REPORTS RELATING TO notice of the election, as provided by the agency which is contained in employee guidelines or CREDIT OR INSURANCE TRANSACTIONS NOT INITI­ in accordance with paragraph (2) . manuals available to employees and prospective ATED BY THE CONSUMER.- "(2) PROVISION OF WRITTEN NOTICE TO employees or included in written materials pro­ "(]) IN GENERAL.-A consumer reporting agen­ CONSUMER. - A consumer reporting agency shall vided to employees or prospective employees cy may furnish a consumer report relating to a mail to a consumer a written notice tor purposes shall constitute a written disclosure tor purposes consumer pursuant to subsection (a)(3)(A) to of paragraph (l)(B), not later than 5 business of subparagraph (A). any person referred to in such subsection in days after being notified of the election of the "(3) CONDITIONS ON USE FOR ADVERSE AC­ connection with any credit or insurance trans­ consumer in accordance with paragraph (l)(A). TIONS.-Before taking an adverse action based action that is not initiated by the consumer only "(3) NOTIFICATION SYSTEM.-Each consumer on a consumer report used for employment pur­ if- reporting agency that furnishes a consumer re­ poses, a person shall provide to the consumer to "(A) the consumer authorizes the agency to port pursuant to subsection (d)(l)(B) in connec­ whom the report relates- provide such report to such person; or tion with any credit or insurance transaction "(A) a copy of the report; "(B)(i) the transaction consists of a firm otter that is not initiated by a consumer or pursuant "(B) a description of the consumer's rights of credit or insurance; to subsection (e) in connection with any direct under this title, as prescribed in accordance "(ii) the consumer reporting agency has com­ marketing transaction that is not initiated by with section 609(c)(3); and plied with subsection (f); and the consumer, shall establish and maintain a "(C) a reasonable opportunity (not more than "(iii) the consumer has not elected in accord­ notification system, including a toll-free tele­ 5 business days following the receipt of the re­ ance with subsection (f)(l) to have the consum­ phone number, which permits a consumer whose port by the consumer) to respond to any infor­ er's name and address excluded from lists pro­ consumer report is maintained by the agency to mation in the report that is disputed by the vided by the agency. notify the agency, with appropriate identi!ica- 8934 CONGRESSIONAL RECORD-SENATE May 2, 1994 tion, of the consumer's election to have the con­ piration of the 180-day period beginning on the "(A) the identity of the ultimate user of the sumer's name and address excluded from any date of the commencement of the delinquency report (or the information), and list of names and addresses provided by the that immediately preceded the collection activ­ "(B) each permissible purpose under section agency or its affiliates pursuant to subsection ity, charge to profit and loss, or similar action. 604 for which the report will be furnished to the (d)(l)(B) or (e)(2). Establishment and mainte­ The requirements of this subsection shall apply ultimate user of the report (or the information). nance of a nationwide notification system and only to information added to a consumer report "(2) RESPONSIBILITIES OF PROCURERS FOR RE­ publication by a consumer reporting agency on beginning 1 year after the date of enactment of SALE.-A person who procures a consumer re­ a nationwide basis in accordance with this the Consumer Reporting Reform Act of 1994. ". port tor purposes of reselling the report (or the paragraph shall be considered to fulfill the re­ (d) DISCLOSURE OF PERSONAL lNFORMATION.­ information contained in the report) shall- quirements of this paragraph with respect to Section 605 of the Fair Credit Reporting Act (15 "(A) establish and comply with reasonable each affiliate of the agency. U.S.C. 1681c), as amended by subsection (c), is procedures, which shall be designed to ensure "(4) AGENCIES OPERATING NATIONWIDE.-Each amended by adding at the end the following that the report (or the information) is resold by consumer reporting agency that compiles and new subsection: such person only for a purpose for which the re­ maintains files on consumers on a nationwide "(d) DISCLOSURE OF PERSONAL !NFORMA­ port may be furnished under section 604, includ­ basis shall establish and maintain a notification TION.-A person who prepares a consumer re­ ing- system under paragraph (3) jointly with other port that includes personal credit information "(i) identifying each prospective user of the such consumer reporting agencies. on a consumer shall not include in ti!Je report resold report (or the information); "(5) EFFECTIVENESS OF ELECTION.-An elec­ any adverse item of information on the "(ii) certifying each purpose tor which the re­ tion of a consumer under paragraph (1)- consumer with respect to matters which ante­ port (or the information) will be used; and "(A) shall be effective with respect to a date the report by more than 10 years or which "(iii) certifying that the report (or the infor­ consumer reporting agency beginning on the could not be included in any consumer report on mation) will be used tor no other purpose; and date on which the consumer notifies the agency the consumer in accordance with this section.". "(B) before reselling the report, make reason­ in accordance with paragraph (l)(A); (e) INDICATION OF CLOSURE OF ACCOUNT.­ able efforts to verify the identifications and cer­ "(B) shall be effective- Section 605 of the Fair Credit Reporting Act (15 tifications made under subparagraph (A).''. "(i) tor a period of 2 years after that effective U.S.C. 1681c), as amended by subsection (d), is SEC. 106. AMENDMENTS RELATING TO CONSUMER date; or amended by adding at the end the following DISCLOSURES. "(ii) permanently, as may be specified by the new subsection: (a) ALL INFORMATION IN CONSUMER'S FILE RE­ consumer in his or her notification of election "(e) INDICATION OF CLOSURE OF ACCOUNT BY QUIRED TO BE DISCLOSED.-Section 609(a)(l) of under paragraph (l)(B), except that the CONSUMER.-!/ a consumer reporting agency is the Fair Credit Reporting Act (15 U.S.C. consumer may notify the agency at any time of notified pursuant to section 622(a)(4) that a con­ 1681g(a)(l)) is amended to read as follows: a change of election in accordance with para­ sumer's credit account was voluntarily closed by "(1) All information in the consumer's file at graph (1); the consumer, the agency shall indicate that the time of the request.". "(C) shall be effective with respect to each af­ tact in any consumer report that includes infor­ (b) MORE INFORMATION CONCERNING RECIPI­ filiate of the consumer reporting agency; and mation related to that account.". ENTS OF REPORTS REQUIRED.-Section 609(a)(3) "(D) shall be effective with respect to any list (f) CLERICAL AMENDMENTS.- of the Fair Credit Reporting Act (15 U.S.C. provided by a consumer reporting agency pursu­ (1) SECTION HEADING.-The heading for sec­ 1681g(a)(3)) is amended to read as follows: ant to subsection (d)(l)(B) or (e)(2), unless oth­ tion 605 of the Fair Credit Reporting Act (15 "(3)(A) Identification of each person who pro­ erwise specified by the consumer.". U.S.C. 1681c) is amended to read as follows: (c) FIRST NOTIFICATIONS BY CONSUMERS.-Not cured a consumer report- "SEC. 605. REQUIREMENTS RELATING TO INFOR­ "(i) for employment purposes during the 2- later than 1 year after the date of enactment of MATION CONTAINED IN CONSUMER this Act, each consumer reporting agency that REPORTS.". year period preceding the request; and furnishes a consumer report pursuant to sub­ (2) TABLE OF SECTIONS.-The table of sections "(ii) tor any other purpose during the 1-year section (d) or (e) of section 604 shall establish at the beginning of the Fair Credit Reporting period preceding the request. and thereafter maintain a notification system in Act (15 U.S.C. 1681a et seq.) is amended by strik­ "(B) An identification of a person under sub­ accordance with section 604(/). ing the item relating to section 605 and inserting paragraph (A) shall include- "(i) the name of the person or, if applicable, SEC. 104. AMENDMENTS RELATING TO OBSOLETE the following: the trade name (written in full) under which INFORMATION AND INFORMATION "605. Requirements relating to information such person conducts business; and CONTAINED IN CONSUMER RE· contained in consumer reports.". PORTS. "(ii) upon request of the consumer, the ad­ SEC. 105. AMENDMENTS RELATING TO COMPLI· dress and telephone number of the person.". (a) REPEAL OF EXEMPTION PROVISIONS.-Sec­ ANCE PROCEDURES. (C) INFORMATION REGARDING lNQUIRIES.-Sec­ tion 605(a) of the Fair Credit Reporting Act (15 (a) NOTICE TO USERS AND PROVIDERS OF IN­ tion 609(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended in subsection (a), by FORMATION TO ENSURE COMPLIANCE.- U.S.C. 1681g(a)) is amended by adding at the striking "(a) Except as authorized under sub­ (1) IN GENERAL.-Section 607 of the Fair Credit end the following new paragraph: section (b) of this section, no" and inserting Reporting Act (15 U.S.C. 1681e), as amended by "(4) A record of all inquiries received by the "(a) OBSOLETE lNFORMATION.-Except as other­ section 102(c), is amended by adding at the end agency during the 1-year period preceding the wise specifically authorized, no". the following new subsection: (b) ADDITIONAL INFORMATION ON BANKRUPTCY "(d) NOTICE TO USERS AND FURNISHERS OF lN­ request that identified the consumer in connec­ FILINGS REQUIRED.-8ection 605(b) of the Fair FORMATION.-A consumer reporting agency shall tion with a credit or insurance transaction that Credit Reporting Act (15 U.S.C. 1681c(b)) is provide notice to a person of such person's re­ was not initiated by the consumer.". amended to read as follows: sponsibilities under this title if such person- (d) SUMMARY OF RIGHTS REQUIRED TO BE IN­ "(b) INFORMATION REQUIRED TO BE DIS­ "(1) regularly and in the ordinary course of CLUDED WITH DISCLOSURE.- CLOSED.-A consumer reporting agency that fur­ business furnishes information to the agency (1) IN GENERAL.-Section 609 of the Fair Credit nishes a consumer report that contains informa­ with respect to a consumer; or Reporting Act (15 U.S.C. 1681g) is amended by tion regarding any case involving the consumer "(2) is provided by the agency with a adding at the end the following new subsection: which arises under title 11, United States Code, consumer report. ". "(c) SUMMARY OF RIGHTS REQUIRED TO BE IN­ shall include in the report an identification of (2) CONTENT OF NOTICE.-Not later than 1 CLUDED WITH DISCLOSURE.- the chapter of such title 11 under which such year after the date of enactment of this Act, the "(1) SUMMARY OF RIGHTS.-A consumer re­ case arises if provided by the source of the infor­ Federal Trade Commission shall prescribe the porting agency shall provide to a consumer, on mation. If any case arising or filed under such content of notices required under section 607(d) or with each written disclosure by the agency to title 11 is withdrawn by the consumer prior to a of the Fair Credit Reporting Act, as added by the consumer under this section- final judgment, the consumer reporting agency this subsection. "(A) a written summary of all rights afforded shall include in the report that such case or fil­ (b) RECORD OF IDENTITY OF USERS AND PUR­ to the consumer under this title; and ing was withdrawn upon receipt of documenta­ POSES CERTIFIED BY USERS OF REPORTS.-Sec­ "(B) in the case of a consumer reporting agen­ tion certifying such withdrawal.". tion 607 of the Fair Credit Reporting Act (15 cy that compiles and maintains consumer re­ (c) CLARIFICATION OF REPORTING PERIOD.­ U.S.C. 1681e), as amended by subsection (a), is ports on a nationwide basis, a toll-free tele­ Section 605 of the Fair Credit Reporting Act (15 amended by adding at the end the following phone number that the consumer can use to U.S.C. 1681c) is amended by adding at the end new subsection: communicate with the agency. the following new subsection: "(e) PROCUREMENT OF CONSUMER REPORT FOR "(2) SPECIFIC ITEMS REQUIRED TO BE IN­ "(c) RUNNING OF REPORTING PERIOD.-The 7- RESALE.- CLUDED .-The summary of rights required under year period referred to in paragraphs (4) and (6) "(1) DISCLOSURE.-A person may not procure paragraph (1) shall include- of subsection (a) shall begin, with respect to a a consumer report for purposes of reselling the "(A) a brief description of this title and all delinquent account that is placed tor collection report (or the information contained in the re­ rights of consumers under this title; (internally or by referral to a third party, port) unless the person discloses to the consumer "(B) an explanation of how the consumer may whichever is earlier), charged to profit and loss. reporting agency that originally furnished the exercise the rights of the consumer under this or subjected to any similar action, upon the ex- report- title; May 2, 1994 CONGRESSIONAL RECORD-SENATE 8935 "(C) a list of all Federal agencies responsible "SEC. 610. CONDITIONS AND FORM OF DISCLO­ sumer's file pursuant to subparagraph (A), the tor enforcing any provision of this title and the SURE TO CONSUMERS.". information may not be reinserted in the file address and any appropriate telephone number (B) TABLE OF SECTIONS.-The table of sections after the deletion unless the person who fur­ of each such agency, in a form that will assist at the beginning of the Fair Credit Reporting nishes the information certifies that the infor­ the consumer in selecting the appropriate agen­ Act (15 U.S.C. 1681a et seq.) is amended by strik­ mation is complete and accurate. cy; and ing the item relating to section 610 by inserting "(ii) NOTICE TO CONSUMER.-![ any informa­ "(D) a statement that a consumer reporting the following: tion that has been deleted from a consumer's file agency is not required to remove accurate derog­ "610. Conditions and form of disclosure to pursuant to subparagraph (A) is reinserted in atory information from a consumer's file unless consumers.". the file in accordance with clause (i), the the information is outdated, as determined in SEC. 107. AMENDMENTS RELATING TO PROCE­ consumer reporting agency shall, not later than accordance with section 605, or unless the infor­ DURES IN CASE OF THE DISPUTED 5 business days after such reinsertion, mail to mation cannot be verified. ACCURACY OF ANY INFORMATION IN the consumer written notification of the reinser­ "(3) FORM OF SUMMARY OF RIGHTS.-The Fed­ A CONSUMER'S FILE. tion, and, if authorized by the consumer tor eral Trade Commission (after consultation with (a) IN GENERAL.-Section 611(a) of the Fair that purpose, shall provide such notice by any each Federal agency referred to in section Credit Reporting Act (15 U.S.C. 1681i(a)) is other means available to the agency. 621(b)) shall prescribe the form and content of amended to read as follows: "(iii) CONTENTS.-The notice of reinsertion re­ any disclosure with respect to consumers' rights "(a) REINVESTIGATION OF DISPUTED INFORMA­ quired under clause (ii) shall include- required to be made by a consumer reporting TION.- "(!) all information prescribed in clauses (iii) agency under this title. "(1) IN GENERAL.-![ the completeness or accu­ and (v) of paragraph (6)(B); "(4) STATE DISCLOSURES.-Notwithstanding racy of an item of information contained in a "(II) a description of the procedure used to paragraphs (1) through (3), a State shall retain consumer's file at a consumer reporting agency make the finding that the information should be the authority to require additional disclosures is disputed by the consumer and the consumer reinserted; and pertaining to State law in connection with a notifies the agency directly of such dispute, the "(Ill) the name, business address, and tele­ consumer report. Nothing in this subsection agency shall reinvestigate free of charge and phone number of any furnisher of information shall be construed to limit the authority of a record the current status of the disputed infor­ contacted in connection with such information. State to mandate the time by which a disclosure mation before the later of- "(C) PROCEDURES TO PREVENT REAPPEAR­ shall be made to a consumer.". "(A) the expiration of the 30-day period begin­ ANCE.-A consumer reporting agency shall (2) TECHNICAL AMENDMENT.-Section ning on the date the agency receives the notice maintain reasonable procedures designed to pre­ 606(a)(1)(B) of the Fair Credit Reporting Act (15 of the dispute from the consumer; or vent the reappearance in a consumer's file, and U.S.C. 1681d(a)(1)(B)) is amended by inserting "(B) the expiration of the 15-day period begin­ in consumer reports on the consumer, of infor­ before the semicolon the following: "and the ning on the last date on which the agency re­ mation that is required to be deleted pursuant to written summary of the rights ot the consumer ceives relevant information submitted by the this paragraph (other than information that is prepared pursuant to section 609(c)". consumer in accordance with paragraph (4). reinserted in accordance with subparagraph (e) FORM OF DISCLOSURES.- "(2) PROMPT NOTICE OF DISPUTE TO FURNISHER (B)(i)). (]) IN GENERAL.-Subsections (a) and (b) of OF INFORMATION.-Not later than 5 business "(6) NOTICE OF RESULTS OF REINVESTIGA­ section 610 of the Fair Credit Reporting Act (15 days after the date on which a consumer report­ TION.- U.S.C. 1681h) are amended to read as follows: ing agency receives notice of a dispute from a "(A) IN GENERAL.-A consumer reporting "(a) WRITTEN DISCLOSURE.-The disclosures consumer in accordance with paragraph (1), the agency shall mail to the consumer written noti­ required to be made under section 609 shall be agency shall notify any person who provided fication of the results of a reinvestigation under provided to a consumer in writing. any item of information in dispute at the ad­ this subsection not later than 5 business days "(b) OTHER FORMS OF DISCLOSURE.- dress and in the manner established with the after the completion of the reinvestigation, and, "(]) IN GENERAL.-ln addition to the written person. if authorized by the consumer for that purpose, disclosures required by subsection (a), a "(3) DETERMINATION THAT DISPUTE IS FRIVO­ shall provide notification by other means avail­ consumer reporting agency may make the disclo­ LOUS OR IRRELEVANT.- able to the agency. sures required under section 609 other than in "(A) IN GENERAL.-Notwithstanding para­ "(B) CONTENTS.-As part of or in addition to written form if- graph (1), a consumer reporting agency may ter­ the notice under subparagraph (A), a consumer "(A) the consumer authorizes the disclosure; "(B) the consumer furnishes proper identifica­ minate a reinvestigation of information disputed reporting agency shall provide to a consumer in tion to the consumer reporting agency; by a consumer under that paragraph if the writing during the 5-business-day period re­ "(C) the consumer specifies the form of disclo­ agency reasonably determines that the dispute ferred to in subparagraph (A)- sure; and raised by the consumer is frivolous or irrelevant, "(i) a statement thq.t the reinvestigation is "(D) such form of disclosure is available from including by reason of a failure to provide suffi­ completed; the agency. cient information to investigate the dispute. "(ii) a consumer report that is based upon the "(2) FORM.-A consumer may specify, pursu­ "(B) NOTICE OF DETERMINATION.-Not later consumer's file as that file is revised as a result ant to paragraph (1), that disclosures under sec­ than 5 business days after making a determina­ of the reinvestigation; tion 609 be made- tion in accordance with subparagraph (A) that "(iii) a description or indication of any "(A) in person, upon the appearance of the a dispute is frivolous or irrelevant, a consumer changes made in the consumer report as a result consumer at the place of business of the reporting agency shall mail to the consumer a of those revisions to the consumer's file; consumer reporting agency where disclosures written notification of such determination (in­ "(iv) in any case in which disputed informa­ are regularly provided, during normal business cluding the reasons for the determination), and, tion is found to be accurate and complete (and hours, and on reasonable notice; if authorized by the consumer for that purpose, in any other case upon request by the "(B) by telephone, if the consumer has made notification by any other means available to the consumer), a description of the procedure used a written request tor disclosure by telephone agency. to make the finding and the name, business ad­ that includes the proper identification of the "(4) CONSIDERATION OF CONSUMER INFORMA­ dress, and telephone number of any furnisher of consumer, as required by paragraph (l)(B); TION.-ln conducting any reinvestigation under information contacted in connection with such "(C) by electronic means, if available from the paragraph (1) with respect to disputed informa­ information; agency; or tion in the file of a consumer, the consumer re­ "(v) a notification that the consumer has the "(D) by any other reasonable means available porting agency shall review and consider all rel­ right to insert a statement in such consumer's from the agency.". evant information submitted by the consumer file disputing the accuracy or completeness of (2) SIMPLIFIED DISCLOSURE.-Not later than 90 during the 30-day period beginning on the date the information in the file; and days after the date of enactment of this Act, the agency receives the notice of the dispute "(vi) a clear and conspicuous notification of each consumer reporting agency shall develop a from the consumer. the right of the consumer to request under sub­ form on which such consumer reporting agency "(5) DELETION OF INACCURATE OR UNVERIFI­ section (d) that the consumer reporting agency shall make the disclosures required under sec­ ABLE INFORMATION.- furnish notifications under that subsection. tion 609(a) of the Fair Credit Reporting Act, for "( A) IN GENERAL.-![, in the course of a re­ "(7) DESCRIPTION OF REINVESTIGATION PROCE­ the purpose of maximizing the comprehensibility investigation under paragraph (1) of any infor­ DURE.-Not later than 15 days after receiving a and standardization of such disclosures. mation disputed by a consumer, an item of the request from the consumer tor a description re­ (3) GOALS.-The Federal Trade Commission information is found to be inaccurate or cannot ferred to in paragraph (6)(B)(iv), the consumer shall take appropriate action to assure that the be verified, the consumer reporting agency shall reporting agency shall provide such description goals of comprehensibility and standardization delete that item ot information from the consum­ to the consumer. are achieved in accordance with paragraph (2). er's file. "(8) EXCEPTION.-!! the dispute is resolved by (4) CONFORMING AMENDMENTS.- "(B) REQUIREMENTS RELATING TO REINSERTION the deletion of the disputed information not ( A) SECTION HEADING.-The section heading OF PREVIOUSLY DELETED MATERIAL.- later than 3 business days after the date on tor section 610 of the Fair Credit Reporting Act "(i) CERTIFICATION OF ACCURACY OF INFORMA­ which the consumer reporting agency receives (15 U.S.C. 1681h) is amended to read as follows: TION.-lf any information is deleted from a con- notice of the dispute in accordance with para- 8936 CONGRESSIONAL RECORD-SENATE May 2, 1994 graph (1), the 'consumer reporting agency shall ing Act (15 U.S.C. 1681a et seq.) is amended by "(E) the consumer has a right to prohibit in­ be exempt from the requirements of paragraphs striking the item relating to section 612 and in­ formation contained in the consumer's file with (2) and (6) if the consumer reporting agency- serting the following: a consumer reporting agency to be used in con­ "(A) provides prompt notification of the dele­ "612. Charges for disclosures and certain no­ nection with any credit or insurance trans­ tion to the consumer by telephone; tices prohibited.". action that is not initiated by the consumer; and "(B) provides written confirmation of the de­ SEC. 109. AMENDMENTS RELATING TO DUTIES OF " (F) the consumer may exercise the right re­ letion, upon request by the consumer; and USERS OF CONSUMER REPORTS. ferred to in subparagraph (E) by using the joint "(C) maintains reasonable procedures de­ (a) DUTIES OF USERS TAKING ADVERSE AC­ notification system established under section signed to prevent the reappearance in the con­ TIONS.-Section 615(a) of the Fair Credit Report­ 604(!)(4) or the toll-free telephone number estab­ sumer's file, and in reports on the consumer, of ing Act (15 U.S.C. 1681m(a)) is amended to read lished pursuant to section 604(!)(3). information deleted pursuant to paragraph (5). as follows: " (2) LIMITATION ON APPLICATION.-Paragraph "(9) CONSIDERATION OF CONSUMER DOCU­ "(a) DUTIES OF USERS TAKING ADVERSE Ac­ (1) does not apply to the use of a consumer re­ MENTATION.- TIONS ON THE BASIS OF INFORMATION CONTAINED port by a person if- "( A) IN GENERAL.-Reinvestigation under this IN CONSUMER REPORTS.-![ a person takes any "(A) the person is affiliated by common own­ section shall include an acceptance of the con­ adverse action with respect to a consumer in ership or by common corporate control with the sumer's version of the disputed information and connection with credit, employment purposes, person who procured the report; correction or deletion of the disputed informa­ insurance underwriting, any license or benefit " (B) the person who procured the report tion, if the consumer submits to the consumer described in section 604(a)(3)(D), or any busi­ clearly and conspicuously disclosed to the reporting agency documentation obtained from ness transaction involving the consumer that is consumer to whom the report relates, before the the source of the information in dispute con­ based, in whole or in part, on any information report is provided to the person who will use the firming that the disputed information in the contained in a consumer report, the person report, that the report might be provided to and consumer report is inaccurate or incomplete. shall- used by other persons who are affiliated in the "(B) EXCEPTION.-Notwithstanding subpara­ "(1) provide written notice of the adverse ac­ manner described in subparagraph (A) to the graph (A), the consumer reporting agency need tion to the consumer; person who procured the report; and not accept the consumer's version of the dis­ "(2) provide to the consumer- "(C) the provision and use of the report is puted information if the consumer reporting "(A) the name, address, and telephone num­ consented to by the consumer in writing. agency, acting in good faith- ber (including any available toll-free telephone "(3) FALSE AND MISLEADING STATEMENTS.-No "(i) has reason to doubt the authenticity of number) of the consumer reporting agency that statement accompanying a credit or insurance the documentation submitted by the consumer; furnished the report to the person; and transaction that is not initiated by the consumer "(ii) reinvestigates the dispute by contacting "(B) a statement that the consumer reporting shall contain any false or misleading informa­ the source of the disputed item; and agency did not make the decision to take the ad­ tion concerning any condition or criteria tor the "(iii) verifies that the documentation is not verse action; extension or offer of credit or insurance to the authentic. "(3) provide to the consumer a written notice consumer. "(10) INFORMATION FROM CONSUMER.-Noth­ of the consumer's right- "(4) MAINTAINING CRITERIA ON FILE.-A per­ ing in paragraph (l)(B) or paragraph (4) shall "(A) to obtain, under section 612, a tree copy son who makes an otter of credit or insurance to be construed to require a consumer to provide of a consumer report on the consumer, from the a consumer under a credit or insurance trans­ information in connection with a reinvestigation consumer reporting agency referred to in para­ action described in paragraph (1) shall maintain under this section. ". graph (2) and from any other consumer report­ on file the criteria established in advance of the (b) CONFORMING AMENDMENT.-Section 611(d) ing agency that compiles and maintains files on offer tor such extension of credit or insurance of the Fair Credit Reporting Act (15 U.S.C. consumers on a nationwide basis; and until the expiration of the 3-year period begin­ 1681i(d)) is amended by striking " The consumer "(B) to dispute, under section 611, with a ning on the date on which the offer is made to reporting agency shall clearly" and all that fol­ consumer reporting agency the accuracy or com­ the consumer. ". (c) DUTIES OF USERS FOR DIRECT MARKETING lows through the end of the subsection. pleteness of any information in a consumer re­ TRANSACTIONS NOT INITIATED BY CONSUMERS.­ SEC. 108. AMENDMENT RELATING TO CHARGES port furnished by the agency; and FOR DISCLOSURE. "(4) in the case of an adverse action involving Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m), as amended by subsection (b), is (a) IN GENERAL.-Section 612 of the Fair Cred­ credit, provide the consumer with the principal amended by adding at the end the following it Reporting Act (15 U.S.C. 1681j) is amended to reasons for the adverse action, in accordance new subsection: read as follows: with section 701(d)(3) of the Equal Credit Op­ portunity Act.". "(e) DUTIES OF USERS FOR DIRECT MARKETING "SEC. 612. CHARGES FOR DISCLOSURES AND CER­ (b) DUTIES OF USERS WHO MAKE CERTAIN So­ TRANSACTIONS NOT INITIATED BY CONSUMERS.­ TAIN NOTICES PROHIBITED. LICITATIONS.-Section 615 of the Fair Credit Re­ A person who, in connection with a direct mar­ "(a) FREE CONSUMER REPORTS.-Each porting Act (15 U.S.C. 1681m) is amended by keting transaction that is not initiated by a consumer reporting agency that maintains a file adding at the end the following new subsection: consumer, uses information concerning the on a consumer shall make all disclosures pursu­ "(d) DUTIES OF USERS WHO MAKE WRITTEN consumer that is provided by a consumer report­ ant to section 609 without charge to the CREDIT OR INSURANCE SOLICIT ATIONS ON THE ing agency to that person under section 604(e) consumer- BASIS OF INFORMATION CONTAINED IN CONSUMER shall provide to the consumer with each commu­ "(1) if the consumer makes a request under FJLES.- nication regarding the transaction made to the section 609 not later than 60 days after receipt "(1) IN GENERAL.-A person who uses a consumer a clear and conspicuous written state­ by such consumer of a notification pursuant to consumer report of a consumer in connection ment- section 615 or of a notification from a debt col­ with any credit or insurance transaction that is "(1) that information concerning the lection agency affiliated with that consumer re­ not initiated by the consumer and that consists consumer that was provided by a consumer re­ porting agency stating that the consumer's cred­ of a firm offer of credit or insurance shall pro­ porting agency was used in connection with the it rating may be or has been adversely affected; vide on or with any written solicitation made to transaction; "(2) upon written request by the consumer not the consumer regarding the transaction a clear " (2) that the consumer has the right under later than 1 year after the consumer receives a and conspicuous statement that- section 604(e) to prohibit any information con­ notification under subsection (b)(2); and "(A) information contained in the consumer's cerning the consumer from being provided by "(3) in the case of a consumer reporting agen­ consumer report was used in connection with the consumer reporting agency tor use in con­ cy that compiles and maintains files on consum­ the transaction; nection with any direct marketing transaction ers on a nationwide basis, upon the written re­ "(B) the consumer received the offer of credit that is not initiated by the consumer; quest of the consumer, not more often than once or insurance because the consumer satisfied the " (3) that the consumer may exercise the right in any 2-year period. criteria for creditworthiness under which the referred to in paragraph (2) by notifying the "(b) CHARGE FOR CERTAIN NOTICES PROHIB­ consumer was selected tor the offer; consumer reporting agency in writing or, in the ITED.-A consumer reporting agency shall not "(C) if applicable, the credit or insurance may case of a consumer reporting agency required to impose any charge on the consumer Jor- not be extended if, after the consumer responds establish a toll-free telephone number pursuant " (1) providing a notice required under section to the otter by submitting an application, the to section 604(!)(4), by calling that number; and 604(!)(2), 607(d) , or 611(a); or consumer- "(4) disclosing the name, address, and, in the "(2) notifying a person pursuant to section "(i) fails to provide correct and adequate in­ case of a consumer reporting agency required to 611(d) of the deletion of information that is formation in such application; or establish a toll-free telephone number pursuant found to be inaccurate or that can no longer be "(ii) does not meet the criteria established in to section 604(!)(4), the toll-free telephone num­ verified, if the consumer designates that person advance of the offer for such extension of credit ber at which the agency may be notified.". to the agency before the end of the 30-day pe­ or insurance; SEC. 110. AMENDMENTS RELATING TO CIVIL U­ riod beginning on the date of the notification of "(D) no criteria for creditworthiness will be ABIUTY. the consumer under section 611(a)(6). ". imposed on the consumer other than the criteria (a) WILLFUL FAILURE TO COMPLY.-Section (b) CLERICAL AMENDMENT.- The table of sec­ established in advance of the offer for such ex­ 616 of the Fair Credit Reporting Act (15 U.S.C. tions at the beginning of the Fair Credit Report- tension of credit or insurance; 1681n) is amended to read as follows: May 2, 1994 CONGRESSIONAL RECORD-SENATE 8937 "SEC. 616. CIVIL LIABILITY FOR WILLFUL NON· "(2) DUTY TO CORRECT AND UPDATE INFORMA­ "(2) INJUNCTIVE RELIEF.-ln an action alleg­ COMPUANCE. TION.-A person who furnishes information to a ing a violation of subsection (a)(l), the court "(a) IN GENERAL.-A person who willfully consumer reporting agency that the person de­ shall have jurisdiction to enjoin the violation tails to comply with any requirement imposed termines is not complete or accurate shall- only where the action is brought by the Federal under this title with respect to a consumer is lia­ "(A) promptly notify the consumer reporting Trade Commission or the attorney general of a ble to that consumer in an amount prescribed agency of that determination; and State.". under subsection (c). "(B) provide to the agency any corrections to (b) CLERICAL AMENDMENT.-The table of sec­ "(b) EXCEPTION.-A person has no liability to that information, or any additional information, tions for title VI of the Consumer Credit Protec­ a consumer under this section tor a violation of that is necessary to make the information pro­ tion Act is amended- section 622(a)(l). vided by the person to the agency complete and (1) by redesignating the items relating to sec­ "(c) DAMAGES.-Liability for a willful failure accurate. tions 622 and 623 as sections 623 and 624, respec­ to comply described in subsection (a) shall be in "(3) DUTY TO PROVIDE NOTICE OF CONTINUING tively; and an amount equal to the sum ot- DISPUTE.-/[ the completeness or accuracy of (2) inserting after the item relating to section "(1) any actual damages sustained by the any information furnished by any person to a 621 the following new item: consumer as a result of the failure; consumer reporting agency continues to be dis­ "622. Responsibilities of furnishers of informa­ "(2) an amount not less than $300 nor greater puted by the consumer to such person, that per­ tion to consumer reporting agen­ than $1,000; son shall not furnish the information to a cies.". "(3) such punitive damages as the court may consumer reporting agency without notice that SEC. 112. STATE ACTION TO ENFORCE ACT. allow; and such information is disputed by the consumer. Section 621 of the Fair Credit Reporting Act "(4) in the case of a successful action to en­ "(4) DUTY TO PROVIDE NOTICE OF CLOSED AC­ force any liability under this section- (15 U.S.C. 1681s) is amended by adding at the COUNTS.-A person who regularly furnishes in­ end the following new subsection: "(A) the costs of the action; and formation to a consumer reporting agency re­ "(B) reasonable attorney's fees, as determined "(d) STATE ACTION TO ENFORCE TITLE.- garding a consumer who has a credit account by the court. "(1) IN GENERAL.-/[ a person violates any re­ with that person shall notify the agency of the "(d) ATTORNEY'S FEES.-On a finding by the quirement imposed under this title, the chief law closure of that account by the consumer in in­ court that an unsuccessful pleading, motion, or enforcement officer of the State in which such formation regularly furnished for the period in other paper filed in connection with an action violation occurred (or an official or agency des­ which the account is closed. under this section was filed in bad faith or tor ignated by that State) may bring an action- "(5) DUTY TO PROVIDE NOTICE OF DELIN­ purposes of harassment, the court shall award "(A) to restrain such violation; QUENCY OF ACCOUNTS.-A person WhO furnishes to the prevailing party attorney's fees reason­ "(B) to recover amounts tor which such per­ information to a consumer reporting agency re­ able in relation to the work expended in re­ son is liable under this title to each consumer on garding a delinquent account being placed tor sponding to such pleading, motion, or other whose behalf the action is brought; collection, charged to profit or loss, or subjected paper.". "(C) to seek such remedies as are allowed to any similar action shall, not later than 90 · (b) NEGLIGENT FAILURE TO COMPLY.-Section under the laws of such State; or days after the commencement of the action, no­ "(D) to collect a civil penalty of not more 617 of the Fair Credit Reporting Act (15 U.S.C. tify the agency of the commencement date of the than $1,000 tor each such violation. 1681o) is amended to read as follows: delinquency immediately preceding the·action. "(2) NOTICE.-The State shall serve prior writ­ "SEC. 617. CIVIL LIABILITY FOR NEGUGENT NON· "(b) NOTICE TO CONSUMERS OF INFORMATION ten notice of any civil action under this sub­ COMPUANCE. FURNISHED TO CONSUMER REPORTING AGEN­ section upon the Commission and provide the "(a) IN GENERAL.-A person who is negligent CIES.- Commission with a copy of the complaint. If in failing to comply with any requirement of "(1) NOTICE REQUIRED.-A person who in the prior notice is not feasible, the State attorney this title with respect to a consumer shall be lia­ ordinary course of business regularly and on a general shall provide notice immediately upon ble ·to that consumer in an amount prescribed in routine basis furnishes information about that initiating the action. Upon receiving notice of a subsection (c). person's transactions or experiences with a civil action under this section, the Commission "(b) EXCEPTION.-A person has no liability to consumer to a consumer reporting agency, shall shall have the right- a consumer under this section [or a violation of give notice of that fact in writing to the "(A) to intervene in the action; section 622(a)(l). consumer before first providing any information "(B) upon so intervening, to be heard on all "(c) DAMAGES.-Liability tor a negligent fail­ about the consumer to a ·consumer reporting matters arising therein; and ure to comply described in subsection (a) shall agency. "(C) to file petitions [or appeal.". be in an amount equal to the sum of- "(1) any actual damage sustained by a "(2) CONTENTS OF NOTICE.-Written notice SEC. 113. ADMINISTRATIVE ENFORCEMENT. consumer as a result of the failure; and provided to a consumer by a person pursuant to (a) IN GENERAL.-Section 621(a) o[ the Fair "(2) in the case of any successful action to en­ paragraph (1) shall contain- Credit Reporting Act (15 U.S.C. 1681s(a)) is force liability under this section- "( A) a brief description of the type of informa­ amended in the second sentence- "(A) the costs of the action; and tion that may be furnished regularly to a (1) by striking "Act and shall be subject to en­ "(B) reasonable attorney's fees, as determined consumer reporting agency; and forcement by the Federal Trade Commission by the court. "(B) a brief description of the frequency with under section 5(b) thereof with respect to a "(d) ATTORNEY'S FEES.-On a finding by the which or the circumstances under which infor­ consumer reporting agency or person subject to court that an unsuccessful pleading, motion, or mation is furnished to a consumer reporting enforcement by the Federal Trade Commission other paper filed in connection with an action agency. pursuant to this subsection, irrespective'' and under this section was filed in bad faith or tor "(3) NOTICE BY CERTAIN PERSONS.-A person inserting "Act. All [unctions and powers of the purposes of harassment, the court shall award who furnishes information about checks offered Federal Trade Commission under the Federal to the prevailing party attorney's tees reason­ as payment by consumers may give notice for Trade Commission Act shall be available to the able in relation to the work expended in re­ purposes of paragraph (1) by posting the notice Federal Trade Commission to enforce compli­ sponding to such pleading, motion, or other in a conspicuous manner at each location where ance with this title by any person subject to en­ paper.". checks are accepted by the person. forcement by the Federal Trade Commission "(c) DUTIES OF FURNISHERS OF INFORMATION SEC. 111. AMENDMENTS RELATING TO RESPON· pursuant to this subsection and not subject to SIBIUTIES OF PERSONS WHO FUR· UPON NOTICE OF DISPUTE.-Upon receiving no­ enforcement pursuant to section 8 of the Federal NISH INFORMATION TO CONSUMER tice pursuant to section 611(a)(2) of a dispute Deposit Insurance Act, irrespective"; and REPORTING AGENCIES. with regard to the completeness or accuracy of (2) by inserting before the period ", including (a) IN GENERAL.-The Fair Credit Reporting any information provided by a person to a the power to enforce the provisions of this title Act (15 U.S.C. 1681 et seq.) is amended- consumer reporting agency, the person shall:_ in the same manner as if the violation had been (1) by redesignating sections 622 and 623 as "(1) complete an investigation with respect to a violation of any Federal Trade Commission sections 623 and 624; and the disputed information and report to the trade regulation rule". (2) by inserting after section 621 the following consumer reporting agency the results of that (b) FEDERAL RESERVE BOARD INTERPRETIVE new section: investigation before the end of the 25-day period AUTHORITY.-Section 621 of the Fair Credit Re­ "SEC. 622. RESPONSIBILITIES OF FURNISHERS OF beginning on the date the agency receives notice porting Act (15 U.S.C. 1681s), as amended by INFORMATION TO CONSUMER RE· of a dispute [rom the consumer in accordance section 112, is amended by adding at the end the PORTING AGENCIES. with section 611(a)(l); and following new subsection: "(a) DUTY OF FURNISHERS OF INFORMATION "(2) review relevant information submitted to "(e) INTERPRETIVE AUTHORITY.-The Board of TO PROVIDE COMPLETE AND ACCURATE INFOR­ the consumer reporting agency by the consumer Governors of the Federal Reserve System may MATION.- in accordance with section 61l(a)(4). issue an interpretation of any provision of this "(1) IN GENERAL.-A person shall not furnish "(d) LIMITATIONS.- title as it may apply to any person identified in any information to a consumer reporting agency "(1) ENFORCEMENT.-Subsection (a) shall be paragraph (1), (2), or (3) of subsection (b), and if the person knows or should know the infor­ enforced exclusively under section 621 by the the holding companies and affiliates of such mation is incomplete or inaccurate. agencies identified in that section. person, in consultation with the Federal agen- 8938 CONGRESSIONAL RECORD-SENATE May 2, 1994 cies identified in paragraph (1), (2), or (3) of tion, including the provision of notification to a vided with the information necessary to make subsection (b).". consumer or other person, in any procedure re­ an informed decision regarding the purchase of SEC. 114. ESTABUSHMENT OF TOLL-FREE TELE· lated to the disputed accuracy of information in such services.; and PHONE NUMBER. a consumer's file; "(2) to protect the public from unfair or de­ Not later than 1 year after the date of enact­ "(ii) section 615(a), relating to the duties of a ceptive advertising and business practices by ment of this Act, each consumer reporting agen­ person who takes any adverse action with re­ credit repair organizations. cy that compiles and maintains consumer re­ spect to a consumer on the basis of information "SEC. 403. DEFINITIONS. ports on a nationwide basis shall establish, and contained in a consumer report; or "For purposes of this title, the following defi­ thereafter maintain, a toll-free telephone num­ "(iii) section 615(d), relating to the duties of nitions shall apply: ber for the purpose of making agency personnel persons who use a consumer report of a "(1) CONSUMER.-The term 'consumer' means accessible to consumers pursuant to section consumer in connection with any credit or in­ an individual. 609(c)(l)(B) of the Fair Credit Reporting Act. surance transaction that is not initiated by the "(2) CONSUMER CREDIT TRANSACTION.-The SEC. 115. ACTION BY FTC. consumer and that consists of a firm offer of term 'consumer credit transaction' means any · Not later than 270 days after the date of en­ credit or insurance; and transaction in which credit is offered or ex­ actment of this Act, the Federal Trade Commis­ "(B) with respect to the form and content of tended to an individual for personal, family, or sion shall prescribe all matters required to be any disclosure required to be made under- household purposes. prescribed by the Federal Trade Commission "(i) section 609(c); or "(3) CREDIT REPAIR ORGANIZATION.-The term under this title and the amendments made by "(ii) section 622(b)(2). ". 'credit repair organization'- this title. SEC. 117. FAIR DEBT COLLECTION PRACTICES. "(A) means a person who uses any instrumen­ SEC. 116. RELATION TO STATE LAWS. Section 807(11) of the Fair Debt Collection tality of interstate commerce or the mails to sell, Section 624 of the Fair Credit Reporting Act Practices Act (15 U.S.C. 1692e(11)) is amended to provide, or perform (or represent that such per­ (15 U.S.C. 1681t) (as redesignated by section 111 read as follows: son can or will sell, provide, or perform) any of this Act) is amended- "(11) Except as otherwise provided for commu­ service, in return for the payment of money or (]) by striking "This title" and inserting the nications to acquire location information under other valuable consideration, for the express or following: section 804, the failure to disclose clearly in the implied purpose of- "(a) IN GENERAL.-This title"; initial written communication with a consumer "(i) improving a consumer's credit record, (2) by inserting ", and except as provided in in connection with the collection of a debt or to credit history, or credit rating; subsection (b)" before the period at the end; and obtain information about a consumer, that the "(ii) removing adverse credit information that (3) by adding at the encf, the following new debt collector is attempting to collect a debt and is accurate and not obsolete from the consumer's subsection: that any information obtained will be used for record, history, or rating; "(b) EXCEPTIONS.- that purpose.". "(iii) altering the consumer's identification to "(]) STATE LA w.-No requirement or prohibi­ SEC. 118. EFFECTIVE DATES. prevent the display of the consumer's credtt tion may be imposed under the laws of any (a) IN GENERAL.-Except as provided in sub­ record, history. or rating for the purpose of con­ State- section (b), the amendments made by this title cealing adverse credit information that is accu­ "(A) with respect to any subject matter regu­ shall become effective 1 year after the date of rate and not obsolete; or lated under- enactment of this Act. "(iv) providing advice or assistance to a "(i) section 604(d), relating to the prescreening (b) EXCEPTIONs.-Notwithstanding the provi­ consumer with regard to any activity or service of consumer reports; sions of subsection (a), the Federal Trade Com­ described in clause (i), (ii), or (iii); and "(ii) section 611, relating to the time by which mission may prescribe regulations, as required "(B) does not include- a consumer reporting agency must take any ac­ by this title and the amendments made by this "(i) a nonprofit organization that is exempt tion, including the provision of notification to a title. from taxation under section 501(c)(3) of the In­ consumer or other person, in any procedure re­ ternal Revenue Code of 1986; or lated to the disputed accuracy of information in TITLE II--CREDIT REPAIR "(ii) an attorney at law who is a member of a consumer's file, except that this clause does ORGANIZATIONS the bar of the highest court of any State or oth­ not affect the applicability of any State law in SEC. 201. REGULATION OF CREDIT REPAIR ORGA· erwise licensed under the laws of any State, effect on the date of enactment of the Consumer NIZATIONS. with respect to services rendered that are within Reporting Reform Act of 1994; Title IV of the Consumer Credit Protection Act the scope of regulations applicable to members "(iii) section 615(a), relating to the duties of a is amended to read as follows: of such bar or such licensees. person who takes any adverse action with re­ "TITLE IV-CREDIT REPAIR "(4) CREDIT.-The term 'credit' has the same spect to a consumer on the basis of information ORGANIZATIONS meaning as in section 103 of the Truth in Lend­ contained in a consumer report; or "Sec. ing Act. "(iv) section 615(d), relating to the duties of "401. Short title. persons who use a consumer report of a "SEC. 404. PROHIBITED PRACTICES BY CREDIT "402. Findings and purposes. REPAIR ORGANIZATIONS. consumer in connection with any credit or in­ "403. Definitions. surance transaction that is not initiated by the "No credit repair organization, and no officer, "404. Prohibited practices by credit repair orga- employee, agent, or other person participating consumer and that consists of a firm offer of nizations. credit or insurance; in the conduct of the affairs of a credit repair "405. Disclosures. organization, may- "(B) with respect to the exchange of informa­ "406. Credit repair organizations contracts. tion among persons affiliated by common owner­ "(1) charge or receive any money or other val­ "407. Right to cancel contract. uable consideration for the performance of any ship or common corporate control; or "408. Noncompliance with this title. "(C) with respect to the form and content of service that the credit repair organization has "409. Civil liability. agreed to perform for a consumer before such any disclosure required to be made under­ "410. Administrative enforcement. "(i) section 609(c); or service is fully performed; "(ii) section 622(b)(2) . "SEC. 401. SHORT TITLE. "(2) make any statement, or counsel or advise "(2) DEFINITION OF 'FIRM OFFER OF CREDIT'.­ "This title may be cited as the 'Credit Repair a consumer to make any statement, that is un­ Notwithstanding the definition of the term 'firm Organizations Act'. true or misleading (or that, upon the exercise of offer of credit' (or any equivalent term) under "SEC. 402. FINDINGS AND PURPOSES. reasonable care, should be known by the credit the laws of any State, the definition of that "(a) FINDINGS.-The Congress finds that­ repair organization, officer, employee, agent, or term contained in section 603(1) shall be con­ "(1) consumers have a vital interest in estab­ other person to be untrue or misleading) with strued to apply in the enforcement and interpre­ lishing and maintaining their creditworthiness respect to the consumer's credit history, credit tation of the laws of any State governing and credit standing in order to obtain and use rating. or credit standing to- consumer reports. credit. As a result, consumers who have experi­ "(A) any consumer reporting agency (as de­ "(3) FTC MODIFICATION PERMITTED.-If it enced credit problems may seek assistance from fined in section 603(f)); or considers such action necessary for the protec­ credit repair organizations that offer to improve "(B) any person- tion of consumers, the Federal Trade Commis­ the credit standing of such consumers; and "(i) who has extended credit to the consumer; sion may, after consultation with each Federal "(2) certain advertising and business practices or agency referred to in section 621(b) and with ap­ of some companies engaged in the business of "(ii) to whom the consumer has applied or is propriate State regulatory and law enforcement credit repair services have worked a financial applying for an extension of credit; agencies, promulgate regulations in accordance hardship upon consumers, particularly consum­ "(3) make any statement, or counsel or advise with section 553 of title 5, United States Code, to ers who have limited economic means and who a consumer to make any statement, the intended impose requirements- are inexperienced in credit matters. effect of which is to alter the consumer's identi­ "(A) that are more stringent than those im­ "(b) PURPOSES.-The purposes of this title fication to prevent the display of the consumer's posed under- are- credit record, history, or rating for the purpose "(i) section 611, relating to the time by which "(1) to ensure that prospective buyers of the of concealing adverse credit information that is a consumer reporting agency must take any ac- services of credit repair organizations are pro- accurate and not obsolete to- May 2, 1994 CONGRESSIONAL RECORD-SENATE 8939 "(A) any consumer reporting agency; or tion shall be provided as a document that is sep­ " 'I hereby cancel this transaction. "(B) any person- arate from any written contract or other agree­ " ' (purchaser's signature) "(i) who has extended credit to the consumer; ment between the credit repair organization and _----::c_ _ _ (date)'. or the consumer or any other written material pro­ " (c) CONSUMER COPY OF CONTRACT RE­ "(ii) to whom the consumer has applied or is vided to the consumer. QUIRED.-A consumer who enters into any con­ applying tor an extension of credit; " (c) RETENTION OF COMPLIANCE RECORDS.­ tract with a credit repair organization shall be "(4) make or use any untrue or misleading " (]) IN GENERAL.-The credit repair organiza­ given, by the organization- representation of the services of the credit repair tion shall maintain a copy of the statement "(]) a copy of the completed contract and the organization; or signed by the consumer acknowledging receipt disclosure statement required under section 405; "(5) engage, directly or indirectly, in any act, of the statement. and practice, or course of business that constitutes "(2) MAINTENANCE FOR 2 YEARS.-The copy of "(2) a copy of any other document the credit or results in the ·commission of, or an attempt to the consumer's statement shall be maintained in repair organization requires the consumer to commit, a fraud or deception on a person in the organization's files for 2 years after the date sign, connection with the offer or sale of the services on which the statement is provided to the at the time the contract or the other document of the credit repair organization. consumer. is signed. "SEC. 405. DISCLOSURES. "SEC. 406. CREDIT REPAIR ORGANIZATIONS CON· "SEC. 408. NONCOMPLIANCE WITH THIS TITLE. "(a) DISCLOSURE REQUIRED.-Be[ore any con­ TRACTS. " (a) CONSUMER WAIVERS INVALID.-Any waiv­ tract or agreement between a consumer and a "(a) WRITTEN CONTRACTS REQUIRED.-A cred­ er by a consumer of any protection provided by credit repair organization is executed, the credit it repair organization may not provide services or any right of the consumer under this title­ repair organization shall provide the consumer for a consumer unless a written and dated con­ "(1) shall be treated as void; and with the following written statement: tract for the purchase of such services that "(2) may not be enforced by a Federal or State "'Consumer Credit File Rights Under State meets the requirements of subsection (b) has court or any other person. and Federal Law been signed by the consumer. "(b) ATTEMPT To OBTAIN WAJVER.-An at­ "'You have a right to dispute inaccurate in­ "(b) TERMS AND CONDITIONS OF CONTRACT.­ tempt by any credit repair organization to ob­ formation in your consumer report by contact­ No contract referred to in subsection (a) meets tain a waiver from a consumer of any protection ing the credit bureau directly. However, neither the requirements of this subsection unless such provided by or any right of the consumer under you nor any "credit repair" company or credit contract includes the following information (in this title shall be treated as a violation of this repair organization has the right to have accu­ writing): title. rate, current, and verifiable information re­ "(1) The terms and conditions of payment, in­ "(c) CONTRACTS NOT IN COMPLIANCE.-A con­ moved from your consumer report. The credit cluding the total amount of all payments to be tract for services that does not comply with the bureau must remove accurate, negative informa­ made by the consumer to the credit repair orga­ applicable provisions of this title- tion from your report only if it is over 7 years nization or to any other person. "(1) shall be treated as void; and "(2) A full and detailed description of the old. Bankruptcy information can be reported tor "(2) may not be enforced by a Federal or State services to be performed by the credit repair or­ 10 years. court or by any other person. "'You have a right to obtain a copy of your ganization tor the consumer, including- "SEC. 409. CIVIL LIABILITY. "(A) all guarantees and all promises of full or consumer report from a credit bureau. You have "(a) LIABILITY ESTABL/SHED.-A credit repair partial refunds; and the right to receive 1 free copy of your credit re­ organization that fails to comply with any pro­ "(B) an estimate of- vision of this title with respect to any person port upon written request during any 2-year pe-. "(i) the date by which the performance of the shall be liable to such person in an amount riod from any consumer reporting agency oper­ services (to be performed by the credit repair or­ equal to the sum of the amounts determined ating on a nationwide basis. You are also enti­ ganization or any other person) will be com­ under each of the following paragraphs: tled to receive a tree copy of your credit report plete; or "(1) ACTUAL DAMAGES.-The greater of- if you have been turned down for credit, em­ "(ii) the length of the period necessary to per­ ployment, insurance, or a rental dwelling be­ "(A) the amount of any actual damage sus­ form such services. tained by such person as a result of such fail­ cause of information in your consumer report "(3) The credit repair organization's name ure; or during the preceding 60 days. Otherwise, you and principal business address. "(B) any amount paid by the person to the may be charged a reasonable tee. The credit bu­ "(4) A conspicuous statement in boldface type, credit repair organization. reau must provide someone to help you interpret in immediate proximity to the space reserved for "(2) PUNITIVE DAMAGES.- the information in your credit file. the consumer's signature on the contract, which "'You have a right to sue a credit repair com­ "(A) INDIVIDUAL ACTIONS.-/n the case of an reads as follows: 'You may cancel this contract action by an individual, such additional pany that violates the Credit Repair Organiza­ without penalty or obligation at any time before tion Act. This law prohibits deceptive practices amounts as the court may allow. midnight of the third business day after the date "(B) CLASS ACTIONS.-ln the case of a class by credit repair companies. on which you signed the contract. See the at­ "'You have the right to cancel your contract action, the sum of- tached notice of cancellation form tor an expla­ "(i) the aggregate of the amount that the with any credit repair organization for any rea­ nation of this right.'. son not later than 3 business days from the date court may allow tor each named plaintiff; and "SEC. 407. RIGHT TO CANCEL CONTRACT. you signed it. "(ii) the aggregate of the amount that the " 'Credit bureaus are required to follow rea­ "(a) IN GENERAL.-A consumer may cancel court may allow for each other class member, sonable procedures to ensure that creditors re­ any contract with a credit repair organization without regard to any minimum individual re­ port information accurately. However, mistakes without penalty or obligation by notifying the covery. may occur. credit repair organization of the consumer's in­ . "(3) ATTORNEYS' FEES.-ln the case of a suc­ "'You may, on your own, notify a credit bu­ tention to do so at any time before midnight of cessful action to enforce any liability under reau in writing that you dispute the accuracy of the third business day which begins on the date paragraph (1) or (2), the costs of the action, to­ information in your credit file. The credit bu­ on which the contract or agreement between the gether with reasonable attorneys' tees. reau must then reinvestigate and modify or re­ consumer and the credit repair organization is "(b) FACTORS To BE CONSIDERED IN AWARD­ move inaccurate information. The credit bureau executed or would, but for this subsection, be­ ING PUNITIVE DAMAGES.-ln determining the may not charge any tee tor this service. Any come enforceable against the parties. amount of any liability of any credit repair or­ pertinent information and copies of all docu­ "(b) CANCELLATION FORM AND OTHER INFOR­ ganization under subsection (a)(2), the court ments you have concerning an error should be MATION.-Each contract shall be accompanied shall consider, among other relevant factors- given to the credit bureau. by a form, in duplicate, which has the heading "(]) the frequency and persistence of non­ "'If reinvestigation does not resolve the dis­ 'Notice of Cancellation' and contains in bold­ compliance by the credit repair organization; pute to your satisfaction, you may send a brief face type the following statement: "(2) the nature of the noncompliance; statement to the credit bureau, to be kept in "'You may cancel this contract, without any "(3) the extent to which such noncompliance your file, explaining why you think the record penalty or obligation, at any time before mid­ was intentional; and is inaccurate. The credit bureau must include night of the third business day which begins "(4) in the case of any class action, the num­ your statement about disputed information with after the date the contract is signed by you. ber of consumers adversely affected. "(c) JURISDICTION.-An action under this sec­ any report it issues about you. "'If you cancel, any payment you made " 'The Federal Trade Commission regulates under this contract will be returned before the tion may be brought {n. any United States dis­ credit bureaus and credit repair organizations. end of the 10-day period beginning on the date trict court, or in any other court of competent For more information contact: the seller receives your cancellation notice. jurisdiction, before the later of- " 'To cancel this contract, mail or deliver a "(1) the end of the 2-year period beginning on " 'Public Reference Branch signed, dated copy of this cancellation notice, or the date of the occurrence of the violation in­ Federal Trade Commission any other written notice to [insert name of cred­ volved; or Washington, D .C. 20580 . •. it repair organization] at [insert address of cred­ "(2) in any case in which a credit repair orga­ "(b) SEPARATE STATEMENT REQUIREMENT.­ it repair organization) before midnight on [insert nization has materially and willfully misrepre­ The written statement required under this sec- date). sented any information that- 8940 CONGRESSIONAL RECORD-SENATE May 2, 1994 "(A) the credit repair organization is required, personal appreciation, as well as to his neous information was first called to by any provision of this title, to disclose to a very able staff. They have worked for her attention, she applied, now for a consumer; and hours and hours with us on this. car loan-this is about 3 years later­ "(B) is material to the establishment of the I also thank the distinguished chair­ credit repair organization's liability to the only to be told she would have to pay consumer under this section, man and ranking member of the Senate 17.9 percent as the interest rate for her the end of the 2-year period beginning on the Committee on Banking, Housing, and automobile instead of the normal 8.9 date of the discovery by the consumer of the Urban Affairs, for their contributions percent rate because she was "a high misrepresentation. in moving this bill forward. Chairman risk" based upon bad credit history. "SEC. 410. ADMINISTRATIVE ENFORCEMENT. RIEULE and Senator D'AMATO have She was finally able to track down " (a) IN GENERAL.~ompliance with the re­ been extremely helpful at the hearings, the source of the misinformation and quirements imposed under this title with respect at the markup, and now in bringing the confusion, and she was told by one to credit repair organizations shall be enforced this bill to the floor. of the credit bureaus that she had been under the Federal Trade Commission Act by the When the original Fair Credit Re­ married to a man with the same last Federal Trade Commission. porting Act was passed in 1970, it pro­ name in Arizona who had a number of "(b) VIOLATIONS OF THIS TITLE TREATED AS VIOLATIONS OF FEDERAL TRADE COMMISSION vided a number of important consumer bad debts. ACT.~ protections. In the intervening 24 She was told that under Arizona "(1) IN GENERAL.-For the purpose of the exer­ years, the credit reporting industry has law-Arizona being a community·prop­ cise by the Federal Trade Commission of the undergone fundamental changes, dra­ erty State-that his bad debts were her Federal Trade Commission's functions and pow­ matic changes, from keeping consumer responsibility and, therefore, by impli­ ers under the Federal Trade Commission Act, information on handwritten file cards cation, his bad credit record was her any violation of any requirement or prohibition to computer tapes that are updated bad credit record. imposed under this title with respect to credit re­ today with billions-billions of entries I think we only have to ask our col­ pair organizations shall constitute an unfair or deceptive act or practice in commerce in viola­ each and every month. The time has leagues, how do you handle a situation tion of section 5(a) of the Federal Trade Com­ now come to update this law to reflect like that? How do you prove the nega­ mission Act. the changes that have occurred in this tive, that you had not been married to "(2) ENFORCEMENT AUTHORITY UNDER OTHER industry. someone who you never met, let alone LA w.-All functions and powers of the Federal Credit bureaus now maintain 450 mil­ never married? It is a burden that Trade Commission under the Federal Trade lion credit files on individual consum­ caused Ms. Mobley considerable frus­ Commission Act shall be available to the Federal ers. They process almost 2 billion tration, aggravation and time. Trade Commission to enforce compliance with Finally, after expending an enormous this title by any person subject to enforcement pieces of data per month, and they sell by the Federal Trade Commission pursuant to to their customers 1.5 million credit re­ amount of time-and she detailed it this subsection, including the power to enforce ports every day. with great particularity-she was able the provisions of this title in the same manner Over the last 4 years, the number one to get her credit record cleared. as if the violation had been a violation of any complaint to the Federal Trade Com­ Remember, this is a person who is to­ Federal Trade Commission trade regulation rule, mission has been lodged against credit tally blameless, never met this individ­ without regard to whether the credit repair or­ bureaus---1-in-5 complaints to the FTC ual, she had never been married, and ganization- is against a credit bureau. now she has gone through this frustra­ "(A) is engaged in commerce; or "(B) meets any other jurisdictional tests in In my State of Nevada, the attorney tion of trying to get her record clari­ the Federal Trade Commission Act. general's office shares a similar con­ fied. "(c) STATE ENFORCEMENT OF TITLE.- cern and indicates that complaints There is one other example that I "(1) IN GENERAL.-The attorney general of about inaccuracies, misinformation might cite, Mr. President, that is dif­ any State, or an official or agency designated contained in credit reports, runs ex­ ferent in focus but equally frustrating. under the law of any State, may enforce compli­ tremely high. In hearings I have One of my constituents is a fellow by ance with this title in Federal or State court. chaired in my own State of Nevada, I the name of Bill Kinkade who lives in "(2) CIVIL ENFORCEMENT ACTIONS.-A State may bring a civil action in any Federal or State heard firsthand from a number of indi­ McDermitt, NV. That is in a very re­ court to enjoin any violation of this title and to viduals who, through no fault of their mote area in our State, virtually on recover damages under this title for consumers own, totally blameless, have suffered the Idaho State line. Mr. Kinkade who reside in such State.". because of mistakes that are included drove 5 hours to our committee hearing The PRESIDING OFFICER. The Sen­ in their credit files. in Reno to share his story. ator from Nevada. Let me just cite a couple of in­ Mr. Kinkade had a mortgage that Mr. BRYAN. Mr. President, today the stances. One case involved a young was being paid through an automatic Senate is debating one of the most sig­ woman in Las Vegas named Mary Lou debit system at his bank. Unbeknown nificant pieces of consumer legislation Mobley. She was at the time of our to him, the mortgagee transferred the to come before this session of the Con­ hearing a clerk, law clerk, for a Fed­ mortgage to another company. There gress. Over the past several years, I eral district court judge in Nevada, was nothing improper about that. But have expended, personally, a great deal Judge Philip Pro. Mr. Kinkade was not made aware of of time working with all the interested She first discovered problems with that situation. And in reviewing his parties on the subject matter of fair her credit report when she was turned own bank account over a couple of credit reporting. I take great pride in down for a law school student loan months period of time, he noticed that the legislative product that we offer for even though she was in fact an excel­ the balance was higher than it should the Senate's consideration today. lent credit risk with no history of cred­ have been. And upon more carefully ex­ Before elaborating on the contents of it problems. She was forced at that amining it, he noted that, indeed, the the bill, I want to take a moment to time to reapply for another loan at a debiting of the mortgage payment that thank several of my colleagues-the higher interest rate, a substantially he had authorized was not being made. distinguished junior Senator from Mis­ higher interest rate. And she had to se­ Ultimately, he made contact with souri [Mr. BOND], who serves on the cure a cosigner. the new mortgagee in the State of Banking Committee has worked tire­ Had she not been able to obtain the Maryland and made arrangements to lessly, effectively, and constructively signature of a cosigner, it is very, very correct the difficulty. The mortgagee with me and others, bringing this legis­ doubtful she would have been able to was accommodating, and the situation lative compromise to fruition. He has get her student loan and perhaps would was :;;traightened out and the payments been inconvenienced this afternoon by not have been able to continue in law were transferred to the new bank. reason of some complications of his school. Mr. Kinkade assumed this story had flight schedule or he would be on the After graduating from law school and a happy ending. He certainly had tried floor at this moment. But I do, in his believing that the problem had been to do the responsible thing. Unfortu­ absence, want to express to him my corrected at the time that the erro- nately for him, this mixup started to May 2, 1994 CONGRESSIONAL RECORD-SENATE 8941 affect his credit history, and he did not Urban Affairs marked up and reported But the point I am trying to make is know that. out of committee this piece of legisla­ that lots and lots of information is He went in to buy a satellite dish tion by a vote of 15 to 4. This legisla­ contained in that. There is a lot of in­ with his wife, as I recall, in tion seeks to improve the accuracy of formation that is oftentimes inac­ Winnemucca, not too many miles those 450 million credit reports kept in curate. away. If you live in McDermitt, Mr. this country by making several fun­ I think we are a little bit troubled, President, you need a satellite dish. damental changes in the credit report­ too, as citizens with our right of pri­ You do not have the diversity of activi­ ing system. vacy, with who has access to these re­ ties that other parts of our great State First, the burden of proof is shifted ports, how broadly is that. This piece and the Nation have. So this satellite so that credit bureaus, not consumers, of legislation corrects some of the va­ dish was very important to Mr. must prove the accuracy of informa­ garies of the existing law in terms of Kinkade and his wife. tion in their files. Harking back to the who has access to our reports. He entered into the transaction, and proof of the negative: "I did not know Pretty clearly, it is essential for our he was rejected. He was told he was a the gentleman with whom I was sup­ credit system that generates, I think, bad credit risk, and then it came to posed to have been married; I never about $700 billion-in that neighbor­ light, this episode which I just related, met him. How do I prove that we were hood-of credit, that a credit granting Mr. President, to you and my col­ never married and never lived in Ari­ community have access so that you leagues who join us on the Senate floor zona?" The situation Ms. Mobley faced and I, when we buy a car or seek a loan and who are watching this proceeding or the situation that so many others or something which we desire, that we that, again, this transaction, as it re­ who testified before our committee want to have, that good and timely in­ lated to his mortgage, now becomes in­ faced. formation is present. That information delibly part of his credit record. He is Second, the businesses that furnish needs to be available to those who are having all kinds of difficulty. information to the credit bureaus­ reviewing our credit history so we can Let me just say as an aside, that is those are banks, retailers and other buy those i terns. not only a problem for the consumer creditors-are held, for the first time, Nevertheless, there should be some who seeks credit, but there was a le­ responsible for data which they pro­ limits in terms of the access to that in­ gitimate business person in this trans­ vide, under some very limited and spe­ formation because of its extraor­ action, an individual who was involved cial circumstances. This legislation, dinarily private nature. These two fun­ in selling satellite dishes. So this indi­ for the first time, would make those damental changes are the essence of vidual is also frustrated from con­ who provide this information to the the legislation that we have talked summating a sale and generating the credit bureaus a part of the system about. kind of profit w~ich is essential to our and, under very carefully crafted lan­ Additionally, the bill provides con­ free enterprise system. guage, would be held responsible for in­ sumers with an affirmative right to opt For too long, these kinds of problems out-for example, those who seek have been ignored and have not been formation that was inaccurate under corrected. The point to be made here, certain circumstances, as I will explain prescreened lists of individuals with Mr. President, is that it is not my con­ in a bit more detail in a moment. certain income level or part of a direct tention that businesses are engaged in The bill attempts to safeguard the marketing campaign, all of which we disreputable or irresponsible efforts to privacy of information contained in a acknowledge to be part of our business damage somebody's credit. That is sim­ consumer's credit file by requiring system in America-there is a provi­ ply not the record. But with 2 billion users of consumer reports to identify a sion in this legislation which allows a data entries made every month, there permissible purpose under the law be­ consumer to opt out, that is, that are bound to be mistakes. I think every fore acquiring a report. consumer does not want to be a part of fair-minded person acknowledges that Mr. President, if you have never had that system. And that is provided with those mistakes can occur when you are occasion to examine your own credit the use of a toll-free number; a dealing with that kind of volume. report, may I say, with all due respect, consumer could call to get his or her So the issue that confronts us and and the great respect that I have for name removed from the call list. And what brings us to our legislative re­ the distinguished Presiding Officer who with the ever-increasing amount of sponse is how do we keep those mis­ serves as chairman of the committee I mail solicitations, this is a welcome takes to a minimum, and how do we serve under, I think you would find it a change. correct them once they are found? rather fascinating document. The bill also seeks to improve the ac­ That is where this legislation comes I had occasion to review my own in curacy in consumer reporting. For the into play. the context of a refinancing of my first time the bill will apply the Fed­ The Consumer Reporting Reform Act home. It had a good bit of misinforma­ eral Credit Reporting Act to businesses of 1994, S. 783, was introduced by my­ tion, innocently-let me emphasize which provide the information con­ self and the distinguished cosponsors, that-innocently incorporated into tained in credit reports. Under the cur­ Senator BOND and Senator RIEGLE, on that report, but I was absolutely rent law, those businesses providing the 7th of April 1993. The Banking stunned to see entries in there that had the information, essentially the data Committee held hearings examining no reference to me or my wife or our that is relied upon by the credit bu­ the credit reporting system in both business or financial dealings. I want reaus, are not covered by the 1970 legis­ 1991 and 1993. to emphasize that that information lation. This leaves the consumer in a In May of last year, the committee was corrected when I called it to their very helpless situation when a creditor heard testimony from David Medine for attention. I am not unmindful of the mistakenly places adverse information the Federal Trade Commission; J. Jo­ fact that perhaps as a U.S. Senator, in his or her credit file. Our bill re­ seph Curran, Jr., the attorney general perhaps they were a little more atten­ quires businesses that furnish informa­ of the State of Maryland; Barry tive to the concerns that I articulated. tion to do so accurately and, moreover, Connelly for the Associated Credit Bu­ Some of the information there dated to investigate disputes promptly. reaus; Michelle Meier, the Consumers back to my days as Governor, where I To keep mistakes to a minimum, the Union; Robert Hunter, testifying on be­ was sued by virtually everyone who­ bill gives the firms that furnish infor­ half of the American Bankers Associa­ ever served a period of time in the N e­ mation to credit bureaus-the retail­ tion; Ed Mierzwinski for the U.S. Pub­ vada penitentiary system, a defendant ers, credit card companies, and mort­ lic Interest Research Group; and Don­ position that I take with some honor gage companies-the incentive to sup­ ald Prill, testifying on behalf of the since I, frankly, thought most of those ply as accurate information as pos­ National Retail Federation. lawsuits were totally devoid of merit sible. The legislation does that by au­ In October of last year, the Senate and the State's position was absolutely thorizing the Federal Trade Commis­ Committee on Banking, Housing and correct. sion or State attorneys general to take 8942 CONGRESSIONAL RECORD-SENATE May 2, 1994 action against businesses that have a afterwards to verify that, indeed, the deadlines for compliance of certain cor­ practice or pattern-those are opera­ mistake has not crept back into the rective information and also the nature tive words, and they are words of art, credit history. of disclosure forms. Mr. President. We are not talking While we are trying to put the onus Consumers, in my judgment, are not about innocent mistakes. We recognize on the furnishers to improve the data disadvantaged by having a Federal that when you are talking about bil­ they provide and promptly correct mis­ timetable for reinvestigation, or a uni­ lions of pieces of information, mistakes takes, this legislation has been care­ form disclosure form with respect to are going to be made. We are talking fully balanced so that it will not in­ their rights, while businesses are great­ about a practice that is part of a pat­ hibit the flow of information to credit ly assisted and benefited by not having tern, and so that is not just an isolated bureaus. And I might just say, Mr. to meet 50 different timetables estab­ mistake. President, nobody would benefit with a lished by 50 different States or 50 dif­ Second, that where those mistakes system in which this information was ferent forms established by 50 different do occur-and they will occur-to fix not available to credit bureaus: Con­ States. the mistakes after they are discovered. sumers would be denied the credit to Additionally, Mr. President, the FTC In this sense we set up a process that is which they would be entitled, and busi­ is given the authority to shorten the decidedly more consumer friendly than nesses would be unable to consummate timetables should the technology war­ the situation that our friends who tes­ sales, which is part of the business ac­ rant. And I would fully expect over the tified out there in Nevada, Miss Mobley tivity that is important to every com­ years the FTC will find that some of and Mr. Kinkade, faced as they were munity in America. the technology that is making its way trying to correct their problems. That is why a delicate balance has into the business-as I observed, 24 I think most of us are sympathetic to been crafted to provide incentives to years ago a lot of these entries were the fact that credit bureaus and those businesses to supply accurate informa­ done by hand, literally, as I guess they who supply this vast information are tion while not discouraging them from had been done since Biblical times in going to make some honest mistakes. furnishing it. Furnishers of informa­ terms of relating to business trans­ With a common last name such as my tion will not be liable-let me empha­ actions. The system now is much, own, I can relate, as I have previously, size that for those of my colleagues much more sophisticated with the ac­ some inaccuracies that occurred in my who are listening in-will not be liable cessibility to enormous information re­ own credit history report. for routine mistakes that naturally trieval systems. I think what really gets people fired occur with the processing of these mil­ In our managers' amendment, this up, Mr. President, is the inconvenience, lions of data entries literally every limited preemption is sunsetted at the the time, and the utter frustration­ day. end of 5 years. and I wish every one of my colleagues So this bill does not establish nor When representatives of the business could have heard the two highly re­ contemplate a standard of perfection, community approached us about the sponsible citizens in my State share just a good-faith effort ·to supply accu­ need for uniformity in this area, they their stories, what they went through rate information and, when notified, to stressed the need to preempt multiple trying to get this information cor­ properly correct those mistakes. States' laws while a new Federal law rected after the mistake was discov­ Accurate credit reports, as I have in­ demonstrated its effectiveness. This 5- ered. In one instance, it took 3 years dicated, are in everyone's best inter­ year preemption period should provide for it to be corrected. In another one, est-the consumer, the credit bureau, adequate time to demonstrate whether the mistake that was originally de­ and the business which bases its credit these Federal standards are sufficient. tected 4 years previous was still a prob­ approval on these reports. And I believe with the authority pro­ lem when Mr. Kinkade was trying to Mr. President, it is my belief the best vided the Federal Trade Commission in buy his satellite dish. This is just an way to improve the accuracy of credit updating them, that will in fact be the intolerable situation. reports is for individuals to review case. In our hearings in Nevada, we heard their own files. Under the managers' Finally, Mr. President, our credit re­ from many people who were put amendment the bill provides for a free porting reform bill provides protection through the wringer trying to get inac­ report for people who are unemployed, against an abuse that has arisen under curate information removed from the on welfare, or who have been victims of the generic of credit repair busi­ files. People do get angry. They get fraud. Additionally, all other consum­ nesses-outfits that represent to con­ mad when they are forced to spend ers are entitled to one report per year sumers who have experienced problems countless hours calling and writing to at a small cost of $3. Individuals in our with credit bureaus that they can have get these mistakes removed. As law­ society who are less well off will get their problems solved and their credit yers, some of us know how difficult it free copies of their reports, and the records cleaned up. is to prove a negative. rest will have a rather modest charge The record reflects that all too often If our legislation accomplishes noth­ to get that information. That is an im­ the representations made by these so­ ing else, I intend that it will turn portant change because credit bureaus called "credit doctors" prove to be around the burden of proof so that have in the past charged for these re­ misleading, deceiving consumers who credit bureaus and furnishers of infor­ ports between $15 and $25 a report. pay high front-end fees. Our legislation mation will be responsible for verifying As a former attorney general and requires that these credit repair clinics the accuracy of information when an Governor, I take very seriously States' actually provide the service before individual points out the mistake in rights and believe there is a high seeking compensation. In effect, if they that credit report. This is an extraor­ threshold before State law should be do not deliver, they do not get paid. dinarily important feature of this leg­ preempted by the Congress. However, Almost every American is impacted islation, and its significance, Mr. when the operation of businesses in by the information contained in his or President, cannot be underestimated. interstate commerce can be improved her credit reports, although most of us Another recurring problem is that without-and I emphasize "without"­ have little or no knowledge to the ex­ mistakes keep reappearing on a per­ disadvantaging consumers or causing tent to which these files actually im­ son's report even after the individual undue harm to State efforts, I believe pact us. has brought the inaccuracy to the cred­ that Federal uniformity should be Our lifestyles, our livelihood, our it bureau's attention. Our bill would tried. reputations can be seriously affected require the agency to notify the indi­ In this bill specific provisions that by a bad credit report, often without vidual before that data can be re­ lend themselves to Federal uniformity our knowledge. Reforming credit re­ inserted into the credit history. Indi­ have been preempted. By way of exam­ porting is one of the most significant viduals would also be able to request a ple, this bill sets a national standard actions we can take in Congress to ben­ free copy of their report for 1 year for timetables in terms of internal efit consumers nationwide. And if you May 2, 1994 CONGRESSIONAL RECORD-SENATE 8943 do not think there are serious problems that I was not creditworthy. It was would say, "Yes, we have given credit with credit reports, I suggest to my with some satisfaction that I resolved to the individual based on his or her colleagues, ask around. I guarantee the issue by paying cash for the car credit report. And we have made the that you will find a lot of very angry, and leaving the car dealer wondering decision which is entirely within our frustrated consumers who have dealt what was valid about the credit report. rights to keep the limit down. We will with this problem firsthand. So I understand from a personal cir­ not raise the limit until we have had Bear in mind that the No. 1 com­ cumstance how inaccurate and how enough personal experience with this plaint at the Federal Trade Commis­ frustrating these things can be. And I individual so that we are comfortable sion concerns credit bureaus. There are pay tribute to the Senator from Ne­ with our own credit record and not de­ too many lives that are being adversely vada and the Senator from Missouri for pendent upon the credit report." affected by inaccurate credit reports their effort to clean up the situation. I I realize this is a theoretical sce­ for us not to make every effort to im­ do have some amendments, however, nario. It may well not happen. By the prove the system. that I will press upon the Senator from same token, it may well happen. Who Student loans, car loans, and mort­ Nevada and the Senator from Missouri. gets hurt under this kind of a cir­ gages, even jobs and job promotions, And if I cannot work it out with them, cumstance if that is the result of this often hang in the balance because of then I will offer them on the floor, be­ bill? Obviously, the consumer gets hurt faulty information on credit reports. cause I think there are some problems because the consumer does not have While we will never eliminate human in the way the final bill has been draft­ the opportunity to receive as much error entirely, or computer error for ed. credit as would otherwise be available. that matter, the credit reporting proc­ I need to stress the structure of this The credit crunch that we hear a great ess must be greatly improved. And S. system, which many people perhaps do deal about in the Banking Committee 783 is a milestone in seeking that im­ not understand. The information that would be exacerbated. provement. keeps the system flowing is voluntarily But there is another group in Amer­ Mr. President, I thank the Chair. provided. There is no requirement ica that would get hurt if this particu­ I yield the floor. under the law that a retailer or an auto lar scenario were to come to pass, and Mr. BENNETT addressed the Chair. dealer or a furniture store or that a that is the small retailer who does not The PRESIDING OFFICER (Mr. HEF- bank make this information available. have the bank of computers that can LIN). The Senator from Utah. Those who feel that the liability provi­ give him or her credit information on RIGHT TO MAKE A POINT OF ORDER sions of this bill would affect them ad­ tens if not hundreds of millions of cus­ Mr. BENNETT. Mr. President, I ask versely have the right to simply stay tomers-the small retailer who has a unanimous consent that my right to out of the system by not putting in any relatively small territory, a relatively make a point of order under rule XXVI, information. . small operation, and who is completely paragraph ll(b), be preserved so that I A larger organization might very dependent upon the credit reports from might make that point of order at any well exercise that right. By "larger or­ the credit bureau to make his or her time prior to final passage of S. 783. gani~ation", I would mean one of the decision about where credit should be The PRESIDING OFFICER. Is there great national retailers with oper­ extended. The opportunity is there for objection? Without objection, it is so ations in all 50 States, stores and cata­ a customer to take advantage of a ordered. log operations scattered around the faulty report-faulty because the omis­ Mr. BENNETT. Mr. President, thank country, and a customer base in the sions are much greater. There the you. tens if not hundreds of millions. Such small businessman runs a much greater Mr. President, I was one of the four an organization could just decide "We risk than he would than if some of the on the committee who voted against will keep our records to ourselves. We problems that I see in this bill could be this bill, and I am here today on behalf will know who is creditworthy and who corrected. of the Republicans on the committee to is not among our own customers, and So, Mr. President, I voted against the see that it is handled in a proper and we will not share that information bill in committee. I think the bill can expeditious fashion. So I will not take with anybody else." That would be be fixed. I will have, as I say, some advantage of my assignment from the their right under this bill. amendments to address some of these committee to press my particular indi­ If several retailers were to decide to concerns. But I do again commend the vidual views on the matter. I realize do that, some interesting things would Senator from Nevada, and the Senator that once the Senate has more of a full happen on the credit reports of the in­ from Missouri for their leadership in compliment of its Members on a day dividuals who shopped with those re­ trying to fix these problems. when we have rollcall votes that the tailers. A bank looking at the credit I want to make it clear that my con­ distinguished Senator from Missouri report of such an individual would no­ cern in the areas that are covered by [Mr. BOND], who is a cosponsor of the tice that there was no report from re­ my amendment does not send themes­ bill, will be sitting in this chair and tailer A and no report from retailer B. sage that I am unaware of the problems carrying the responsibility on behalf of And the bank would say, "It may well behind this legislation and of the desire the Republican side of the committee. be that the reason these reports are not of the two sponsors to get these prob­ I do not want to, as I say, abuse my there is because the retailer has de­ lems corrected. opportunity to be here in his place. His cided that individual is not credit­ We will debate this for the balance of plane is late, and that is why the duty, worthy, and to avoid liability under S. this day, and we will be dealing with it if you will, has fallen to me. 783 it has simply deleted that name. tomorrow. With my rights reserved to At the same time, Mr. President, I That being the case, I, the bank, had raise the point of order, I will raise would like to express some general better be careful about granting credit what arguments and parliamentary concerns about this legislation and to this individual." maneuvers I have to in order to try to make some general comments about So the bank could then adopt a pol­ get the situation resolved. But I do feel the efforts of the majority. icy that says the credit card that we we can get it resolved because of the I agree completely that this is an would grant to this individual will good faith of the individuals involved. area of great frustration and great have a credit limit of $300 instead of With that, I yield the floor. challenge for many consumers. I have $600, of $200 instead of $1,000, or what­ Mr. BRYAN. Mr. President, I thank had the experience of personally re­ ever. Credit would then be restricted in my friend and colleague from the State viewing my own credit report and see­ a way that could not find remedy under of Utah for his generous comments ing things there that I did not like. I this bill. There is nothing in this bill about the efforts Senator BOND and I have had the experience of having my that says that a bank or a retailer or have expended on this piece of legisla­ credit turned down by a car dealer financial institution has to extend tion. I want to assure him that neither after looking at my report and deciding credit of a certain amount. The banks I nor Senator BOND are unmindful of 8944 CONGRESSIONAL RECORD-SENATE May 2, 1994 the concerns which he has raised about what a great man I felt that he was. So feelings friends and foes alike are expe­ the ongoing stream of information that I would like to take this time right riencing as we mourn his death. He must be made available by those who now to say a few things about our wrote: are in the business of furnishing credit, former President, a man I knew well, What makes the role of [great] leaders so so that the overall system by which who certainly befriended me at times compellingly interesting is not just its the consumer accesses credit is not in in my life when it meant a great deal. drama, but its importance-its impact. When any way disadvantaged. Mr. President, I am profoundly sad­ the final curtain goes down on a play, the He has shared with me privately, as dened by the passing of former Presi­ members of the audience file out of the thea­ ter and go home to resume their normal he has on the floor just moments ago, dent Nixon, a great man and a great lives. When the curtain comes down on a his concern about this issue. I reassure leader who I was proud to call my leader's career, the very lives of the audience my friend and welcome the opportunity friend. Because of his life, our world have been changed, and the course of history to engage in conversation with him and was profoundly changed for the better; may have been profoundly altered. his staff as we look at some of these because of his death, the lives of those With the passing of President Nixon, things he has asked us to consider, and he has touched, including my own, we know that a great leader has left we are very conscious of the fact that have suffered a loss from which they the stage, that our national life and if you go too far, you indeed restrict will never fully recover. each of our lives has been forever the flow of this information, which is I wish, first of all, to express my deep changed by his leadership and policies. not in the consumers' best interest, not condolences to Julie and David Eisen­ Biographers will summarize his in the business community's best inter­ hower and Tricia and Ed Cox, as well as achievements better than I can in this est, or in the economy's best interest. his grandchildren Jenny, Alex, short statement. But I wish to register We recognize that, and I think we are Melanie, and Christopher. Because they a note of dissent from the prevalent in agreement, at least in terms of the knew President Nixon not only as a theme that President Nixon was a lead­ principles he has espoused. statesman but also as a loving father er interested primarily in foreign rath­ It is for that reason that no private and grandfather, their loss is immeas­ er than domestic policy. cause of action is provided to an indi­ urably greater. They are in our pray­ His administration was just as active vidual for information that is provided ers. domestically as it was internationally. initially that is erroneous, and that in­ Like most Americans, I spent many He peacefully desegregated the schools deed before a liability attaches to the hours over the last week reflecting on of the South, created the Environ­ provider of a credit, there must be an President Nixon's life, what he stood mental Protection Agency, initiated affirmative determination by either for, what he achieved, and what his life the research programs to find a cure the Federal Trade Commission or a meant to our country and the world. It for cancer, fired the first volleys in the State's attorney's general office that has been striking to see the way even war against drugs, fought for welfare there has been a pattern and practice, those who fought President Nixon at reform that would help keep families which indicates a very egregious series every turn have now come to see his together, made strides toward restor­ of events, which would take it out of extraordinary qualities and abilities. ing judicial restraint in the Supreme the area that I think is the concern of I had the privilege of meeting one-on­ Court, and ended the military draft and my friend from Utah-and it is a legiti­ one with President Nixon for about 2 established the all-volunteer Armed mate concern-that, with the volume hours in 1991, shortly after the con­ Forces. of information engendered, which is firmation of Justice Thomas to the Su­ He was an activist on civil rights. His literally billions of bits of information preme Court. To be in the former Presi­ program for Black Capitalism sought each month-millions of reports are dent's presence was to understand that to foster economic growth in the cities. literally sold each day; I think it is 1.5 you were in the presence of a major He opened the doors for employment of million each and every day-you are historical figure, a man cut from a dif­ Hispanic-Americans into the Federal going to have information in there that ficult cloth, a leader who had painted Government. Today, we call that eco­ would be inaccurate. I assure my col­ on larger canvas and who always nomic empowerment. league that it was not our intention to worked in bold strokes and bright col­ I would also add that he achieved impose liability when the inaccurate ors, not pale pastels. something all his successors have information is innocently done. I wel­ We discussed the Thomas hearings, failed to do: the last balanced budget come the opportunity to visit with him world affairs, domestic issues, and poli­ was achieved under President Nixon in and tell him that, in terms of preparing tics, as well as the political scene in 1970. the language used, we are conscious of Utah. I can still see him in my mind's All of these were impressive feats, es­ that and have talked to a number of eye, slouching in a comfortable easy pecially because both Houses of the those involved in the business of pro­ chair, feet propped up on a small otto­ Congress were controlled by the opposi­ viding information to make sure that man, eyes intently engaged as I spoke, tion party during all of his tenure. we address those legitimate concerns. and mind totally focused as he ex­ President Nixon faced gridlock. But he Mr. President, I do not see anybody plained his views. His mind was like a understood that gridlock was not an seeking recognition, so I suggest the powerful searchlight, moving from one excuse for inaction. He fought for what absence of a quorum. issue to another and illuminating the he believed in despite the odds. Even if The PRESIDING OFFICER. The critical questions and decisions before he sometimes had to accept com­ clerk will call the roll. our Nation. promises that achieved only part of his The legislative clerk proceeded to As have other Members of this body, objectives, he advanced his cause, he call the roll. I was privileged to be able to attend made progress, he improved the lives of Mr. HATCH. Mr. President, I ask briefings by President Nixon, the most countless Americans. unanimous consent that the order for recent of which was earlier this year. President Nixon's international the quorum call be rescinded. He spoke without notes in almost lyri­ achievements are well known. The rap­ The PRESIDING OFFICER (Mr. cal terms. He was fond of saying that prochement with China, detente with MATHEWS). Without objection, it is so politics at its best was poetry not the Soviet Union, the honorable end of ordered. prose. Anyone who has heard him American involvement in Vietnam, the speak knows that he not only under­ support of Israel in the 1973 Mideast stood that insight but also lived by it. war, the tilting toward Pakistan in the TRIBUTE TO PRESIDENT NIXON I have read all of President Nixon's 1971 Indo-Pak war, the return of Oki­ Mr. HATCH. Mr. President, I have nine books, and I was looking through nawa to Japan, and the restoration of not had an opportunity since former some of them last night. One passage close Franco-American cooperation are President Nixon died to be able to say that I happened upon from the opening only a sampling of the achievements of anything about our relationship and of his book "Leaders" captures the his years in office. May 2, 1994 CONGRESSIONAL RECORD-SENATE 8945 If you look at a globe, there is hardly abled him to navigate the turbulent . Life is a rollercoaster, exhilarating on a country on earth that was not times in which he governed. the way up and breathtaking on the way touched by his life, hardl'Y a nation Unfortunately, the white heat that down. If you take no risks, you can enjoy a that did not in some way benefit from forges the steel in a leader's personal­ life that is comfortable, trouble-free, plac­ id-and dull. Without risks you will suffer no the choices he made as President. ity also creates flaws. The leader who defeats. But without risks you will win no Unlike most Western leaders, he took commands extraordinary capabilities victories. You must never be satisfied with the long view of history. His opening to in politics or statecraft can also fall success, and you should never be discouraged China and his diplomacy with the So­ prey to extraordinary mistakes in by failure. Failure can be sad. But the great­ viet Union contributed to historical other areas. His mistake in Watergate est sadness is not to try and fail, but to fail processes of change that resulted in the was not to root out those responsible to try at all. Above all, you should remember democratic revolutions from 1989 but to ride out the political storm. In that defeat which does not destroy you can through 1991. strengthen you. the heated partisan atmosphere of the In the end what matters is that you have China's integration into the world early 1970's, this tragic error led to a always lived life to the hilt. I have been on community has unleashed powerful constitutional crisis and ultimately to the highest mountains and in the deepest forces that, I believe, will peacefully his resignation. valleys, but I have never lost sight of my transform that totalitarian dictator­ President Nixon made mistakes in destination-a world in which peace and free­ ship within .a decade. ·Watergate. He admitted to them. He dom can live together. I have won some In his recent trips to Russia and paid the price for them. Most impor­ great victories and suffered some devastat­ other states of the former Soviet bloc, tant, however, he moved on. ing defeats. But win or lose, I feel fortunate President Nixon was heralded as a lead­ In a sense, President Nixon taught us to have come to that time in life when I can finally enjoy what my Quaker grandmother er who was a prime mover in creating just as much about how we should live would have called "peace at the center." the international conditions for inter­ life as he did about how to change the nal change. The contacts between the world. Above all, he cared passionately In speaking of life in the twilight West and the East-which President about making a difference. In my years, Richard Nixon was fond of Nixon initiated-sewed the seeds of meetings with him, I could feel that quoting the poet Sophocles, who wrote democratic ideas and values, which in this motivation is what drove him, 2,000 years ago, "One must wait until turn bloomed in the revolutions all of what gave him his life energy. Also, it the evening to see how splendid the day us have celebrated in recent years. gave him the strength to overcome the has been." In his case, we can look back and say that the day was indeed The former President combined the devastating defeat of leaving office in splendid. · idealism of a Wilson with the hard­ 1974. Mr. President, my friend Richard headed calculation of a Metternich. He In the scores of articles I have read had a vision-preserving peace while about President Nixon in recent days, Nixon is at peace now. I will miss him. promoting freedom-but he approached the most insightful was a column by Our Nation will miss him as a senior it with steely realism not with woolly William Safire, one of his White House statesman. But let us not despair at his headed naivete. He was pragmatic, but speechwriters. Its theme was that passing but rather celebrate his life. More than virtually any postwar Amer­ he did not compromise easily. In every President Nixon was the man who de­ crisis, he was determined to achieve feated defeat. As Mr. Safire concluded, ican leader, he made a difference. every inch of what was achievable--to "Defeat be not proud; in Richard EXHIBIT 1 give history a firm push in the right di­ Nixon, ruination met its master." MR. COMEBACK rection. The world is immeasurably Mr. President, I ask unanimous con­ (By William Safire) better off for his having done so. sent that the text of this article appear WASHINGTON.-Late one night in the White House working on a speech, Richard Nixon However, his greatest achievement after my remarks in the RECORD. tried to encapsulate his more recent prede­ was the restoration of the American The PRESIDING OFFICER. Without cessors in a single word or phrase: "Tru­ spirit. He became President at the objection, it is so ordered. man-a fighter. Eisenhower-a good man. most difficult moment in 20th-century (See exhibit 1.) Kennedy-charisma. Johnson-work. Me­ American history. The Nation was Mr. HATCH. All of us who admired what?" bogged down in Vietnam, without a Richard N.ixon are rightly saddened. I did not have a good answer that night in strategy for winning. The campuses But We should take heart from the fact 1970; I do now. Nixon-an inspiring resil­ that President Nixon lived his life ience. were in rebellion. The inner cities were In the 60's, he rose up after his political burning. without compromise right up to the obituary and employed his unique combina­ He knew his principal mission as end. He traveled to Russia and Ukraine tion of grit, guile and greatness to seize the President had to be addressing the cri­ to press for policies to assist in .the moment that had been denied him before. He sis in the American spirit. In his inau­ free-market and democratic trans­ expressed the secret of overcoming adversity gural address in January 1969, he said: formations of those countries. He fin­ in a private note to Ted Kennedy after Chap­ We have endured a long night of the Amer­ ished his lOth book, entitled "Beyond paquiddick: "A man's not finished when he's ican spirit. But as our eyes catch the dim­ Peace," that addresses the foreign and defeated; he's finished when he quits." ness of the first rays of dawn, let us not Nixon liked "the comeback theme" be­ domestic issues we face after the cold cause it identified his return from defeat curse the remaining darkness. Let us gather war, as well as the philosophical ques­ the light. with the careers of Churchill and de Gaulle. tions the next century will present. He During another break in speech collabora­ President Nixon healed the American could not have lived more fully in the tion, he recalled a meeting with de Gaulle at spirit not by giving in to the demands final days of his life. which Nixon aides took notes. "They got ev­ of every protester or interest group but President Nixon had a philosophy erything down of substance. But then de by providing leadership at home and about life and about how to live the Gaulle said, in a kind of an aside, 'All the abroad. He defined a positive agenda in twilight years. He expressed it with countries of Europe lost the war, but only domestic policy. And by exploiting the profound eloquence in the closing pages two were defeated.' They never wrote that down. And that's the one thing I'll never for­ split in the Communist world, he put of his book, "In the Arena." He wrote: get from that meeting." the United States in a pivotal position I shall always remember my first visit to He instructed those of us in the Five in world politics. the Grand Canyon sixty-five years ago. I did O'Clock Group to "get the word out" about Charles de Gaulle once wrote, "Noth­ not believe any view could be more spectacu­ his 60's comeback, which made the media all ing great is done without great men, lar than the one from the heights of the the more resistant to our image-making. But and these are great because they willed South Rim until I hiked seven miles down to as Henry Kissinger once said of a selling ar­ it." President Nixon was such a man. the river below and looked backed up. It was gument, "it had the added advantage of only then that I fully appreciated the true being true." When you met him, his resolve and de- . majesty of one of nature's seven wonders of We had no idea how true it was, or how termination was palpible. You could the world. Only when you have been in the soon the essence of Nixon's character would sense it, almost feel it. It is what en- depths can you truly appreciate the heights. be put to the test again.

79---{)59 0-97 Vol. 140 (Pt. 7) 3 8946 CONGRESSIONAL RECORD-SENATE May 2, 1994 From the pinnacle of success-the vote of Even worse, according to a detailed port the death penalty has publicly confidence of a 49-state landslide-he newspaper account, the Clinton admin­ stated its neutrality on title IX. It is plunged to the nadir of forced resignation. istration in fact lobbied House Demo­ even worse' that the same administra­ After Watergate, he stood naked to his en­ emies, who had become legion. crats to keep title IX in the House tion is reportedly working behind the Stripped of power, denuded of honor, de­ crime bill. In addition, the Clinton ad­ scenes to salvage what it can of this serted by supporters rightly dismayed at the ministration is reportedly seeking to legislation. cover-up, he had no reservoir of public trust hammer out a false compromise under Attorney General Reno, in response and no visible means of defense. His only as­ which the death penalty would ulti­ to my questions at a hearing last week, sets were his mind, his pride and his hard­ mately be abolished in two steps rather disclosed that the administration may bought experience. than· one. attempt to modify title IX so that it I visited him at San Clemente during one Mr. President, let me be clear: The applies only to cases in the Federal of the most depressing moments. It was April 29, 1975, the day the capital of South so-called Racial Justice Act has noth­ system. Vietnam fell to the Communists, and he took ing to do with racial justice and every­ Even as so modified, ti tie IX would personal responsibility for the debacle. "Ter­ thing to do with abolishing the death not be acceptable. In the first place, it rible day for freedom, and all my fault," he penalty. would result in the abolition of the said, his phlebitis-inflamed foot elevated on In the guise of protecting against Federal death penalty at the very time a cushion. "The fall of Saigon is the direct race-based discrimination, title IX that the administration is purporting result of the way I messed up Watergate." would instead impose an unreliable and to support expansion of the Federal Then the second and even more difficult manipulable statistical quota on impo­ death penalty. comeback began. He thought, he traveled, he It is worth noting that, according to wrote. He took no fees for speeches and sition of the death penalty. It would ended the public expense of Secret Service convert every death penalty case into a a recent article, Attorney General protection. Despite the glares of the guard­ massive sideshow of statistical squab­ Reno has approved seeking the Federal ians against his feared "rehabilitation," he bles and quota quarrels. As prosecutors death penalty against nine defendants, slowly, over two decades, worked his way already recognize, they would ulti­ all of whom are black. Now I do not be­ back first to a tentative acceptability, then mately have no choice but to adopt a lieve for a second that Attorney Gen­ to grudging respect, finally to an honored death penalty quota that equals zero­ eral Reno has been acting in a racially role as leader to opinion leaders and adviser in short, to abolish the death penalty. discriminatory manner. But the false to Presidents. compromise that the Clinton adminis­ How did he resurrect himself? By learning That is why this Death Penalty Aboli­ a great lesson and by living an example. tion Act has been strongly opposed by tration is working on would compel The lesson was the need to rise above the the National Association of Attorneys this faulty inference as a matter of us-against-them ethos of the political gun­ General, the National District Attor­ law. fighter. "Those who hate you don't win," he neys Association, and other law en­ Second, a statistical quota system told his White House staff on his way out, forcement and victims groups. that would apply, for the time being, "unless you hate them-and then you de­ Mr. President, at this time I would only to the Federal Government should stroy yourself." Nixon-haters go to their like to enter in the RECORD three let­ give States no more comfort than the graves hating him; he goes to his grave ters that illustrate the strong and bi­ German invasion of Belgium gave the knowing bett~r than to hate them. The example he set in his subsequent full partisan opposition of prosecutors to French. Far from being a stable accom­ generation of peace was that of a man who any provision that enables a brutal modation, such modification of title IX again refused to accept personal defeat. killer to escape the death penalty would simply set the stage for a later Richard Nixon, in becoming America's based on manipulated statistical full-scale assault on the death penalty greatest ex-President, proved there is no po­ showings from unrelated cases. in the States. litical wrongdoing so scandalous that it can­ The first letter, from the National In short, if President Clinton truly not be expiated by years of useful service; no Association of Attorneys General, in­ supports the death penalty-if his ac­ humiliation so painful that it cannot be tions are to match his rhetoric-he overcome by decades of selfless sagacity; no cludes a recent resolution passed by personal doldrums so deep that they cannot that body that specifically opposes any must demand that title IX in its en­ be dispersed by a gutsy engagement with version of title IX. Again, let me em­ tirety be removed from the crime bill. life. phasize that the resolution from the If he remains silent or neutral on this That's why, to sum up Nixon in a phrase, National Association of Attorneys Gen­ issue, or supports phony compromises, this former aid would choose: an inspiring eral was supported by both Democrats it can only mean that he is prepared to resilience. By resolving a second time to and Republicans. repeal the death penalty for the most earn his way to political redemption-and The second letter that I would like to heinous crimes in this country. then by doggedly, brilliantly triumphing in have made part of the RECORD is a let­ A vote for any bill that contains title that second comeback-he justified the faith IX is a vote to abolish the death pen­ of all those millions who ever believed in ter from Jan Graham, the attorney him. general from my State of Utah. In this alty. I look forward to working with Defeat be not proud; in Richard Nixon, letter, Ms. Graham, a Democrat, states my colleagues to make sure that this ruination met its master. her opposition to title IX "because it provision is removed at conference. would impose an unworkable statis­ ExmBIT 1 RACIAL JUSTICE ACT tically-based procedure on the States" APRIL 12, 1994. and "would effectively abolish capital Hon. JACK BROOKS , Mr. HATCH. Mr. President, last punishment, weaken law enforcement, Chairman, House Judiciary Committee, House of week, on this floor, I explained in de­ and suspend closure for victims of vio­ Representatives, Washington, DC. tail how ti tie IX of the House crime lent crime." Hon. HAMILTON FISH, Jr., bill-which is mislabeled by some as Ranking Minority, Member, House Judiciary Third, I have a unanimous resolution Committee, House of Representatives, Wash­ the Racial Justice Act-would effec­ from all 58 elected district attorneys in ington, DC. tively abolish the death penalty in my the State of California opposing any DEAR CONGRESSMEN: We are a bipartisan home State of Utah and in every other version of the so-called Racial Justice group of chief law enforcement officers of State in this country, as well as the Act. our respective Sates who are responsible for Federal level. Mr. President, I ask unanimous con­ overseeing capital and non-capital habeas Unfortunately, President Clinton, de­ sent that these three letters be printed litigation and for enforcing state criminal spite his rhetoric in support of the in the RECORD following my remarks. law in death penalty and non-death penalty death penalty, has not yet stated his jurisdictions. The PRESIDING OFFICER. Without We wish to express our views on the need opposition to this Death Penalty Aboli­ objection, it is so ordered. to strike habeas corpus as part of the House tion Act. Indeed, his administration [See exhibit 1.] omnibus crime bill, and on some of the has publicly stated that it is neutral on Mr. HATCH. It is bad enough that an amendments which have been offered. Spe­ this radical measure. administration that purports to sup- cifically, we write in strong support of the May 2, 1994 CONGRESSIONAL RECORD-SENATE 8947 Hyde Amendment (to strike the habeas pro­ the Teague doctrine, which is essential for SUPPORT THE MC COLLUM AMENDMENT (AND visions contained in the crime bill, H.R. 4092, capital and non-capital cases. Instead of ANY OTHER EFFORTS TO STRlliE TITLE IX); OP­ Title VIII) and strong support for the McCol­ streamlining the process, this legislation POSE ALL OTHER AMENDMENTS TO TITLE IX lum Amendment (to substitute the Equal will provide convicted criminals with more (INCLUDING THE EDWARDS OR WASHINGTON Justice Act for legislation in Title IX of H.R. opportunities to challenge their conviction AMENDMENTS) 4092 which provides relief based on mere sta­ and sentence than under current law. The With regard to Title IX of H.R. 4092, con­ tistical showings from unrelated cases). This legislation also fails to respect the state cerning racially discriminatory capital sen­ is consistent with the recently adopted Reso­ trial as the "main event" in our criminal tencing, we strongly support the McCollum lution of the National Association of Attor­ justice process, and is inconsistent with es­ Amendment, and any other efforts to strike neys General (NAAG), a copy of which is at­ tablished comity doctrines respecting the Title IX of H.R. 4092, as discussed below. The tached. role of state court proceedings in the en­ McCollum Amendment, which passed the SUPPORT THE HYDE AMENDMENT TO STRlliE forcement of state criminal law. House in the last Congress, would (1) strike Fifth, the last-minute efforts of some to Title IX (which provides relief based on mere TITLE VIII AND OPPOSE ANY OTHER HABEAS offer new habeas amendments to the crime AMENDMENTS TO TITLE VIII (INCLUDING THE statistical showings from unrelated cases), bill on the House floor deprive members of and (2) substitute the Equal Justice Act. DERRICK AMENDMENT) Congress and the public from a full and fair Several reasons compel our strong support Significantly, the McCollum Amendment opportunity to study and comment on the would apply to all penalties, not merely cap­ for the Hyde Amendment to strike the ha­ legislation. In congressional committee beas provisions from the omnibus crime bill: ital punishment, and would codify existing hearings or mark-up concerning specific bill case law protections against racial bias. The First, the Hyde Amendment is consistent language, law enforcement and victim rights with a similar bipartisan amendment, which Equal Justice Act expressly prohibits ra­ groups normally are given a chance to ap­ .cially discriminatory policies. The legisla­ was offered by Senator Dianne Feinstein and prise the Congress of their views concerning Senator Orrin Hatch, and which was unani­ tion states that any penalty "shall be ad­ the impact of new language or standards. ministered ... without regard to the race or mously agreed to last year in the Senate. When amendments are patched together at Second, we believe that the habeas provi­ color of the defendant or the victim" and the last minute, this opportunity is denied. prohibits "any racial quota or statistical sions contained in Title VIII of H.R. 4092 These concerns are especially true for ha­ may once again hold up consideration and test" for any penalties. Finally, the Equal beas corpus reform. New proposals, which Justice Act provides safeguards during the enactment of other important crime reform have not been subject to public review, may issues. Habeas ·corpus reform has proven to also have drastic ramifications on the oper­ trial, not after-the-fact like statistical be a contentious issue in prior Congresses showings legislation. ations and costs of our departments and the As the recent NAAG Resolution noted, and in fact was in large part responsible for criminal justice system and have serious the deadlock on the omnibus crime bill in NAAG opposes "any measure that would consequences on finality, the enforcement of allow a capital defendant to make a statis­ the last Congress. The need to address vio­ state laws, and victims. Any habeas reforms lent crime is too urgent to delay deliberation tical showing from unrelated cases as the included in the crime bill would constitute basis for appellate or collateral relief." Such on other measures to combat crime. Simi­ the first major change to the federal habeas larly, we believe there is a danger that the statistical showings legislation seriously un­ statute since 1966. Because of the tremen­ dermines enforcement of the death penalty. other provisions of· the crime bill may be dous changes to current law which would re­ In McCleskey v. Kemp, the U.S. Supreme viewed as so important that habeas provi­ sult under any last-minute amendments, we Court rejected a claim which would allow sions will be swept into the omnibus package believe Congress should proceed carefully capital defendants to make a statistical without sufficient review and analysis of and deliberately before considering any new their long term impact and legal signifi­ showing of potential race discrimination habeas reform proposals. from unrelated cases as a basis for collateral cance, as discussed below. For example, over the last several years, Third, there are other precedents for sever­ the U.S. Supreme Court has rendered many relief. The Court correctly held that a de­ ing certain specific crime reform issues from opinions which have clarified the role of fed­ fendant who contests his capital sentence on omnibus crime bills. They include, for exam­ eral court review of state court judgments; the basis of racial discrimination is required ple, the Brady bill (five-day waiting period promoted the interest in finality and closure to prove that the decision makers in his or for handgun purchases). for surviving victims; and respected the in­ her own case acted with a discriminatory We believe stronger reasons support the purpose. terests of states and the enforcement of For these reasons, we strongly oppose title severance of the habeas provisions from the state laws in our federalism system. We fear crime bill. Such a severance would allow the IX of H.R. 4092, or any amendment (including that if Congress does not fully and fairly the Edwards and Washington Amendments) provisions of any habeas reform bill to be consider the import of proposed new lan­ considered on their own merits. Habeas cor­ which would overturn McCleskey v. Kemp or guage, these and other precedents will be provide appellate or collateral relief based pus, while an important part of our criminal cast aside and more delay and litigation will justice system, is a specialized and arcane on mere statistical showings from unrelated result. In addition, concerns have been noted cases. area of the law. Any reforms adopted by the over the impact of new amendments on the Congress .in this area will have tremendous deterrent objective of the death penalty. All CONCLUSION ramifications on the operations of the crimi­ of these consequences should be carefully In sum, we strongly urge the U.S. House of nal justice system, law enforcement, and vic­ studied before Congress considers Amend­ Representatives to: (1) support the Hyde tims of crime, and therefore warrant inde­ ments offered on the floor of the House for Amendment and oppose all other amend­ pendent consideration. the first time. We believe the public would ments which may be offered on Title VIII; We have previously expressed a commit­ best be served by complete congressional and (2) support the McCollum Amendment ment to obtaining meaningful reform of the hearings before any new Amendments are de­ and oppose Title IX or any other amend­ federal habeas corpus process, along the lines bated in the House. ments which may be offered on Title IX. We of the Powell Committee Report. This Re­ We understand that a new habeas amend­ oppose any amendments or legislation which port endorses the so-called "one bite at the ment is also expected to be offered by Con­ would weaken current law or provide con­ habeas apple" approach, enabling state pris­ gressman Butler Derrick of South Carolina. victed individuals with greater opportunities oners one fair and complete round of habeas Preliminary review shows that this amend­ to challenge their conviction or sentence. We litigation in federal court. We need effective ment is also worse than current law and remain available to work with you to accom­ reforms to curb unnecessary delay and rep­ would overturn numerous key U.S. Supreme plish meaningful federal habeas corpus re­ etitious litigation which has become all too Court cases governing habeas corpus. For form through separate legislation. common under the current federal habeas these reasons, we therefore oppose the Der­ Sincerely, corpus process. Such reforms should, how­ rick Amendment or any other amendments Larry Echohawk, Attorney General of ever, be considered in separate legislation. which may be offered at the last minute to Idaho; Frankie Sue Del Papa, Attorney Fourth, the legislation reported out by the Title VIII of H.R. 4092. Any habeas reform General of Nevada; Dan Morales, Attor­ House Judiciary Committee, and now in­ measure should be considered in a separate ney General of Texas; Daniel E. Lun­ cluded in Title VIII of H.R. 4092, would, ac­ bill, after the public has had a full and fair gren, Attorney General of California; cording to the recent NAAG Resolution, " ad­ opportunity to comment on the proposed leg­ Joseph P . Mazurek, Attorney General versely affect all capital and non-capital ha­ islation. of Montana; Robert A. Butterworth, beas litigation in the States and effectively In sum, while we strongly support habeas Attorney General of Florida; Grant stop all state capital case prosecutions and corpus reform, · we believe it should be ac­ Woods, Attorney General of Arizona; executions under valid state capital sentenc­ complished in a deliberative, studied and Mark Barnett, Attorney General of ing schemes." The legislation would over­ independent manner. For these reasons, we South Dakota; Michael F. Easley, At­ turn or modify numerous key U.S. Supreme wholeheartedly support the Hyde Amend­ torney General of North Carolina; Court precedents which promote finality in ment to strike the habeas provisions (Title Bruce Botelho, Attorney General of our criminal justice process. This includes VIII) from H.R. 4092. Alaska; James S. Gilmore, Attorney 8948 CONGRESSIONAL RECORD-SENATE May 2, 1994 General of Virginia; Ernest D. Preate, defendant to make a statistical showing to extend the statute's application to the Jr., Attorney General of Pennsylvania; from unrelated cases as the basis or appel­ States, in the next crime bill. Heidi Heitkamp, Attorney General of late or collateral relief; and We urge you to support an effort to strike North Dakota; Jeff Amestoy, Attorney (3) authorizes its Executive Director and this measure from the Federal Crime Bill. General of Vermont; Jimmy Evans, At­ General Counsel to transmit this resolution Very truly yours, torney General of Alabama; Gale A. to the Administration and Members of Con­ GREGORY D. TO'ITEN, Norton, Attorney General of Colorado; gress. Executive Director. Robert A. Marks, Attorney General of Hawaii; Deborah T. Portiz, Attorney OFFICE OF THE ATTORNEY GENERAL, CALIFORNIA DISTRICT ATTORNEYS ASSOCIA­ General of New Jersey; Joseph B. STATE OF UTAH, TION-RESOLUTION ADOPTED APRIL 29, 1994· Meyer, Attorney General of Wyoming; Aprilll, 1994. Whereas, the California District Attorneys Jan Graham, Attorney General of Re Habeas Corpus/Sentencing Legislation. Association is an organization composed of Utah; Tom Udall, Attorney General of Representative JAMES HANSEN, the elected District Attorneys of California's New Mexico; Don Stenberg, Attorney Rayburn Building, Washington, DC. fifty-eight counties and 3,000 deputy district General of Nebraska; Jeffrey B. Pine, Representative WILLIAM H. ORTON, attorneys and city prosecutors; Attorney General of Rhode Island; T. South Langworth Office, Washington, DC. Whereas, on April 21, 1994, the U.S. House Travis Medlock, Attorney General of Representative KAREN SHEPHERD, of Representatives adopted the omnibus South Carolina; Robert T. Stephan, At­ House of Representatives, Washington, DC. crime bill, H.R. 4092, which included in Title torney General of Kansas; Pamela DEAR REPRESENTATIVES HANSEN, ORTON, IX legislation, referred to, and known as, the Carter, Attorney General of Indiana. AND SHEPHERD: I am writing . this letter to Racial Justice Act (or the Racially Discrimi­ advise you of my position relating the Titles natory Capital Sentencing Act); NATIONAL ASSOCIATION OF ATTORNEYS GEN­ VIII and IX and H.R. 4092, the omnibus crime Whereas, on April 20, 1994, the U.S. House ERAlr-RESOLUTION ADOPTED MARCH 21, 1994 bill. My comments are based not only on my of Representatives narrowly defeated the Whereas, the National Association of At­ office's analysis of the issue but also my un­ McCollum Amendment to strike the Racial torneys General is an organization composed derstanding of the position of the Utah law Justice Act from the House crime bill and of the Attorneys General of the 50 states and enforcement community as a whole. I have substitute in its place the Equal Justice Act. 6 jurisdictions of the United States; had an opportunity to talk with many of the [The vote was an effective 212 to 212 tie, after Whereas, the Attorneys General have been top law enforcement individuals in the State the votes of the five Delegate members were deeply involved in seeking to influence com­ of Utah and I think we all agree on the fol­ excluded under recent House Rules.]; prehensive federal legislation in order to lowing analysis: Whereas, the Racial Justice Act would, achieve a meaningful and effective impact H.R. 4092, Title VIII (concerning federal ha­ first, permit a capital case defendant to upon the national scourge of violent crime; beas corpus): I oppose this title because, make a statistical showing that death sen­ Whereas, the Congress has attempted sev­ rather than curtaining habeas litigation, it tences are being imposed or administered in eral times in the past three years to pass would multiply postconviction litigation, a disproportionate manner upon (1) persons omnibus anti-crime measures with provi­ overturn significant and very helpful U.S. of one race or (2) as punishment for capital sions essential to combating violent crime, Supreme Court precedent, and further under­ offenses against persons of one race, and, but has been unsuccessful for various rea­ mine the finality of state criminal convic­ second, require the prosecutor to rebut this sons; tions. statistical showing "by a preponderance of Whereas, the U.S. Senate passed an omni­ I support the Hyde Amendment, which the evidence''; bus crime bill on November 19, 1993, but pur­ would excise the controversial habeas provi­ Whereas, in the 102d Congress, on June 20, posefully did not include any habeas corpus sions from the present crime bill and allow 1991, the U.S. Senate voted to strike a simi­ provisions, and it appears that including them to be considered separately on their lar measure entitled the Racial Justice Act, such provisions in the U.S. House bill will own merits. out of the omnibus crime measure by a bi­ unnecessarily complicate the House's ap­ H.R. 4032, Title IX (concerning race in cap­ partisan vote of 55 to 41 (this was the third proval of a consensus-oriented bill, as well as ital sentencing): I oppose this title (the so­ successive Congress in which the U.S. Senate delay the passage of any worthwhile anti­ called "Racial Justice Act") because it rejected the Racial Justice Act), and on Oc­ crime bill; would impose an unworkable statistically­ tober 22, 1991, the U.S. House of Representa­ Whereas, the National Association of At­ based procedure on the states and in Utah's tives voted to strike a similar measure by a torneys General has previously resolved to case create a system that would be unwork­ bipartisan vote of 223 to 191; oppose federal habeas reform legislation able. Whereas, the U.S. Supreme Court rejected which undermines finality and which pro­ I support the McCollum Amendment (the a discrimination claim founded solely upon motes unnecessary delay; "Equal Justice Act") because it would pro­ statistics, in McClesky v. Kemp, 481 U.S. 279 Whereas, the National Association of At­ hibit racial discrimination in all sentencing (1987). torneys General strongly supports existing without imposing unworkable statistical Now, therefore, be it resolved that in light protections against racial prejudice in indi­ models. of the urgency and importance of this mat­ vidual cases, but opposes any legislation The Utah law enforcement community be­ ter, all 58 California district attorneys, hav­ which provides appellate or collateral relief lieves that Title VIII and IX of H.R. 4092 ing been polled, unanimously. based on mere statistical showings from un­ would effectively abolish capital punish­ (1) oppose any version of the Racial Justice related cases; ment, weaken law enforcement, and suspend Act, for the following reasons: Whereas, the U.S. House Judiciary Com­ closure for victims of violent crime. The pro­ (a) the Racial Justice Act would result in mittee recently reported out: (1) legislation visions would also impose significant new fi­ the effective abolition of capital punish­ inconsistent with the Association's previous nancial burdens on the State of Utah. I urge ment. resolutions addressing habeas corpus reform; you to oppose these provisions. This would result because of the inherent and (2) a measure that would allow a capital Very truly yours, evidentiary difficulties and inevitable vast defendant to make a statistical showing JAN GRAHAM, expenditures of time and money in litigation from unrelated cases as the basis for appel­ Attorney General. in every post-conviction capital case, to late or collateral relief; prove by at least a preponderance of the evi­ Whereas, such legislation would adversely CALIFORNIA DISTRICT dence a negative, to wit, that race was not affect all capital and non-capital habeas liti­ ATTORNEYS ASSOCIATION, the basis for any of the prosecutor's jury's, gation in the States and effectively stop all Sacramento, CA, April 29, 1994. or judge's decisions. [The Racial Justice Act state capital case prosecutions and execu­ Re opposition to the Racial Justice Act. contains a virtually impossible rebuttal bur­ tions under valid state capital sentencing MARK KROTOSKI, den: "Unless [the prosecutor or State] can schemes. Special Assistant Attorney General, Sacramento, show that the death penalty was sought in Now, therefore, be it resolved that the Na­ CA. all cases fitting the statutory criteria for tional Association of Attorneys General: DEAR MR. KROTOSKI: I am enclosing a copy imposition of the death penalty, the govern­ (1) strongly supports all efforts to strike of the California District Attorneys Associa­ ment cannot rely on mere assertions that it the following provisions from an omnibus tion's unanimous resolution opposing the did not intend to discriminate or that the anti-crime bill: (1) any habeas corpus reform Racial Justice Act. cases in which death was imposed fit the legislation; and (2) any statistical showings All 58 Elected District Attorneys in the statutory criteria for imposition of the death legislation; and State of California believe that adoption of penalty.]; (2) opposes H.R. 4018, or any federal habeas the Racial Justice Act will effectively de­ (b) moreover, as to adjudicated cases, the legislation which undermines finality and stroy the death penalty. We also oppose a retroactive application of the Racial Justice promotes unnecessary delay, and H.R. 4017. Racial Justice Act which would be limited to Act would permit convicted capital defend­ or any measure that would allow a capital federal capital cases, since it would be easy ants to reopen their cases by presenting dis- May 2, 1994 CONGRESSIONAL RECORD-SENATE 8949 crimination claims (regardless of whether Mr. HATCH. Mr. President, I suggest heard too many horror stories not to such claims had previously been rejected). In the absence of a quorum. believe this act requires reform. The California, there are currently 376 individ­ The PRESIDING OFFICER. The act was written long before computer uals on death row. The retroactive provision clerk will call the roll. technology was as sophisticated as it is in the Racial Justice Act as passed by the House would potentially affect these cases as The bill clerk proceeded to call the today. These technological advances well as others around the nation; roll. have meant a drastic increase in the (c) the statistical premise of any version of Mr. BOND. Mr. President, I ask unan­ amount of information that may be the Racial Justice Act is unsound, for sev­ imous consent that the order for the kept on each and every one of us as an eral reasons, including: quorum call be rescinded. individual. I think the current law sim­ (i) it disregards the fundamental precept of The PRESIDING OFFICER. Without ply just does not do an adequate job of our criminal justice system that an individ­ objection, it is so ordered. protecting the consumer, the individ­ ual is tried on the facts of his or her case, ual's rights with respect to their credit not on the facts or circumstances or statis­ history. tics from unrelated cases; CONSUMER REPORTING REFORM For example, currently, the law only (ii) it overturns the U.S. Supreme Court's ACT OF 1994 rejection of such a statistical premise, where requires credit bureaus to reinvestigate the Court noted with regard to the Baldus The Senate continued with the con­ within a reasonable time. It was not study: "Even Professor Baldus does not con­ sideration of the bill. uncommon, and I had discussions tend that his statistics prove that race en­ Mr. BOND. Mr. President, I apologize today, which I will share with you in a ters into any capital sentencing decisions or to my cosponsor and to my colleagues. minute, where it takes months, even that race was a factor in McCleskey's par­ I am a victim of travel problems on years to get an error taken out of a ticular case. Statistics at most may show Monday. My flight was canceled; thus, credit report, to get the report cleaned only a likelihood that a particular factor en­ my delayed arrival. I apologize for de­ up. Even if you did succeed in getting tered into some decisions." McCleskey v. laying the work of the Senate. Kemp, 481 U.S. 279, 308 (1987) (emphasis in the incorrect information removed, original); and But speaking of delays, Mr. Presi­ there was nothing to prevent it from (iii) its statistical showing fails to estab­ dent, this is a matter that has been de­ being put back on your report. lish that the imposition of capital punish­ layed far too long. We have been trying I believe that the single most impor­ ment in a particular case is predicated on to get legislation enacted which will tant provision in this legislation is the any bias; and provide for reforms in the Fair Credit 30-day limit on the reinvestigation pro­ (d) the Racial Justice Act would permit Reporting Act. And today I think we cedure. If disputed information cannot the "second-guessing" of capital case deci­ are very close to a workable com­ sions by prosecutors, defense counsel, judges be verified or is found to be inaccurate and juries based upon the information and promise. within 30 days, then it is wiped off the statistics required to be maintained under I particularly commend my col­ credit report and cannot be reinserted the Act; league, Senator BRYAN, for his strong without a notice to the consumer. This (e) the Racial Justice Act eliminates the leadership on S. 783, the Consumer Re­ is the cornerstone of the legislation, traditional deference to state-court findings porting Reform Act of 1994, because the niost significant improvement over of fact, 28 U.S.C. §2254(d); Summer v. Mata, 449 without it, quite frankly, we would not current law. U.S. 539 (1981), if the state fails to collect or be here today. Through his efforts, I This should help all consumers who maintain adequate records required under believe we have reached a bipartisan find out right before they close on the Act, and causes the individual convic­ tion, though lawfully and justifiably im­ agreement on a bill that was anything their mortgage that there is something posed, to be unduly placed in jeopardy; but bipartisan from the beginning. Sen­ negative on their credit report to get Cincinnati, voice of the syn­ Business Group on Health, and the New called the studio at Kincaid Towers to say dicated "Earl Pitt's America" and former York State HMO Conference and hos­ they had listened to him for 20 years. Bailey colleague at WAKY: "Earl Pitts was "It's nice to be remembered that way," heavily influenced by Bill Bailey. Earl is pital boards. said Bailey, 63. "A lot of people think they're funny and witty, and you catch yourself I am proud to represent such out­ insulting me when they say 'I listened to you agreeing with him, and then you smack standing citizens who have contributed when I was growing up.' But they're not.'' yourself in the face and say this can't be so much to helping their fellow hu­ Bailey is a legend among some Kentuck­ right. Bailey is that way. Bill Bailey is the mans. I commend them for their work ians. People in their 30s, 40s and 50s remem­ father of Earl Pitts, and I do want child sup­ and congratulate them on receiving ber Bailey as the "Duke of Louisville," an port." . this prestigious award.• unpredictable and opinionated morning disc Jack Pattie, morning personality, WVLK­ jockey who played rock 'n' roll on the now­ AM (590), Lexington: "I listened to him in defunct WAKY in the 1960s and 1970s. high school. ... He's the greatest commu­ TRIBUTE TO BILL BAILEY-KEN­ "When I was a kid I used to listen to him," nicator I ever heard. He has the best handle TUCKY RADIO LEGEND RETIRES said Harold Browning, 48, an account execu­ on the language I ever heard. He just knew tive at WVLK, where Bailey has worked how to talk to people. "• AFTER 40 YEARS since 1989. "To end up working at the same • Mr. McCONNELL. Mr. President, I radio station with him is a dream come rise today to honor a Louisville and true." THE RETIREMENT OF DEPUTY Kentucky legend. Bill Bailey, a radio Bailey started in radio as a teenager in CHIEF OF INTERNATIONAL FOR­ personality for over 40 years, has de­ North Carolina playing old 78s. His career ESTRY JEFF SIRMON cided to move on, retiring from his job took him to at least a dozen radio stations across the country-including one in Alas­ • Mr. LEAHY. Mr. President, the For­ at radio station WVLK in Lexington. ka-before he landed in Louisville in 1965. est Service honors Jeff Sirmon today Wednesday, April 20 was his last day on Bailey's brash style-he once called police as he retires from his post as the first the air after entertaining generations uniforms "pigskins"-attracted a large audi­ Deputy Chief for International For­ of Kentuckians. ence. Bill Bailey got his start in North "He was the first one to push around poli­ estry at the U.S. Forest Service. His 35- Carolina as a teenager. From there he ticians and make public officials shiver in year career has touched elements of worked in several States, including their boots," said Terry Meiners, afternoon just about every forested landscape in Alaska, before finally coming to Louis­ disc jockey on WHA8-AM (840) in Louisville, our country. ville in 1965. Long before America had who hung around the WAKY studios as a I believe one could think of Jeff youngster to watch Bailey work. Sirmon as the Gifford Pinchot of inter­ heard of shock jocks, Bill Bailey was "Program directors were scared of Bill," pushing the limits on his shows. national forestry-a visionary founder said Johnny Randolph, Bailey's former boss of a conservation program that is cer­ He was one of the first deejays to at WAKY. "He borders on the edge .. . that question what was considered to be scares them." tain to change the way our Nation, and normal. He spoofed local officials and Bailey is just as irreverent in his personal perhaps the international forestry politicians, earning him such descrip­ life. He has been married six times and community, considers forestry issues. tions as irreverent and brazen. In fact, claims he can't remember the name of his The International Forestry Program in his early years his sometimes con­ second wife. was authorized in the 1990 farm bill to troversial sense of humor tended to "A couple of those marriages were an­ recognized the link.s between domestic nulled. I was young," he said. forest productivity and global forest scare some radio station program di­ But Bailey is devoted to his four grown rectors. children-a son and three daughters-who health. The goal of this legislation was Bill Bailey's abrasive reputation did live in Louisville. He said he will move there to address transboundary threats such not preclude him from holding down to be closer to them. as global climate change, toxic con­ the same time slot at Louisville's He also plans to spend a lot of time paint­ taminants in air, water pollution, and WAKY throughout the 1960's and 1970's. ing. loss of biodiversity. In fact, generations of Louisvillians, "I do have a love for painting pictures. I do In 1991, Jeff was appointed as the including myself, remember driving in landscapes, and I like oils. And I'll be happy first Deputy Chief of International For­ to devote some time to that," Bailey said. estry to implement the provisions of to work and having difficulty seeing In addition to his age, Bailey says his the traffic through the tears in our health is a reason for his retirement. the 1990 farm bill. He developed the eyes caused by the laughter Bill Bai­ "I have emphysema, and I am a smoker. program in an era when people are ley's commentaries often provoked. And I suffer from hypertension . . . I cer­ often tempted to focus resources in our After 40 years of dedicated service to tainly don't want to drop dead from a stroke backyards and overlook the ways in the profession he loves, Bill Bailey has on the air." which international trends reflect our decided to step down. After 30 years of Although Bailey has no regrets about his experience and affect our forest pro­ working in the Louisville and Lexing­ decision to leave radio, he will miss it. "It'll feel funny not getting up and going ductivity. ton area, those of us from Kentucky to the microphone every day. I've done it Many nations are experiencing the will never be able to forget him. We since I was 16." same natural resource issues that Ver­ will remember him and we thank him WVLK program director Robert Lindsey mont faced over 100 years ago. Tech­ for brightening our days. says it won't be easy to replace Bailey. nology is facilitating the liquidation of 8958 CONGRESSIONAL RECORD-SENATE May 2, 1994 forest resources and the conversion of RETffiEMENT OF SENATOR question that he will be recognized-far marginal land in to intensive agri­ JOSEPH H. HARPER, JR. into the future-for his prominent culture. A quick tour of Honduras, • Mr. DODD. Mr. President, I rise leadership, sound judgment, and re­ Brazil, Papua New Guinea, or Ghana today to highlight the outstanding ca­ spectful consideration. As both his col­ will demonstrate this disturbing trend. reer of State Senator Joseph H. Harper, league and friend, I am honored and If this heavy-handed management Jr., a very dear friend and colleague proud to extend my sincere best wishes strategy was viable, Vermont would from my home State of Connecticut. to him upon his upcoming retirement.• still be 70 percent agriculture and After dedicating 16 years of exemplary flourishing. Clearly, the strategy public service to the city of New Brit­ doesn't work-Vermont's land base has ain, the town of Berlin, and the State TRIBUTE TO DUANE CIHLAR AND reverted to only about 25 percent agri­ of Connecticut, Joe recently announced JERRY JUSSILA culture today. Furthermore, during his plans to retire from the legislature • Mr. DURENBERGER. Mr. President, this unfortunate transition, Vermont this year. I rise today to pay tribute to Duane suffered prolonged economic hardship Throughout his professional legisla­ Cihlar and Jerry Jussila, employees of and suffered widespread ecological loss. tive career, Joe has earned the over­ the U.S. Forest Service, who were hon­ Jeff's International Forestry Program whelming support and respect' of his ored Saturday by the 3M Corp. for their shares our domestic experience to help colleagues and constituents. A former outstanding environmental leadership. other countries avoid wholesale de­ member of the State house of rep­ The honor comes from the very best struction of forests. resentatives, his vital contributions of of public and private partnerships that In addition, we know now that there knowledge and experience were key to work so well in my State. are domestic benefits to sharing our the effectiveness of a number of com­ And this honor comes because these expertise with developing countries. mittees, including the financial advi­ individuals worked with private citi­ The implications of global deforest­ sory, government reorganization, and zens to bring back to reality the 40- ation contribute to global climate legislative management committees. mile and legendary Kekekabic Trail in change and loss of biodiversity-issues Possessing an extraordinary knowl­ the Boundary Waters Canoe Area Wil­ edge of the inner workings and com­ derness. that can affect the way we practice for­ plexities of State government, Joe has estry in the United States. When budget matters forced the For­ also demonstrated a consummate abil­ est Service to abandon the Kek, it In other ways we are still bearing the ity to build consensus though skilled didn't stop the interest of local resi­ high costs-economic and environ­ negotiation. His strong leadership, in­ dents to take up the responsibility. mental-of turning a blind eye to for­ fluence, and strength of character is Martin Kubik, an avid hiker, and an est ecology beyond our borders. The well illustrated by his pivotal role as outfitter by the name of Bill Rom, American chestnut, for example, once senate chairman of the appropriations took steps to save the trail. Rom put comprised 25 percent of the eastern committee since 1987. down the money for tools. Kubik orga­ hardwood forests. A foreign blight has In recent years, as the State under­ nized a volunteer group to clear 10 all but eliminated this species, and went a major fiscal crisis, Joe under­ years worth of overgrowth from end to with it the economic advantages of a stood the need for substantial spending end. And the U.S. Forest Service, strong, fast growing, straight tree with cuts, government reorganization initia­ though it could not provide the money unparalleled wood qualities. The wood tives, and an overhaul of the State rev­ or the personnel to maintain the trail, was used for everything from fence enue system. Joe proved his commit­ provides the appropriate equipment to rows to fine musical instruments. ment to good government through maintain the trail. The American chestnut blight has al­ tough choices and difficult action. Why take such efforts with a trail in tered the Appalachian ecosystem more In addition to his extensive duties a remote region of the United States? profoundly than any timber manage- · and legislative assignments with the Writer Kristin Hostetter describes the ment technique used in the history of Legislature, Joe maintains his close Kek: ties to the community as an active the region. The International Forestry To hike it, you have to struggle up bluffs Program under Jeff Sirmon's direction, member of many civic organizations, on your hands and knees, wind around cliffs in cooperation with other agencies, such as the Substance Abuse Action and glacier-carved lakes, slog through worked to prevent catastrophic disas­ Council of Central Connecticut, the swamps and dense conifer forests, and tra­ ters such as this one. Nutmeg Games, Inc., and the American verse slippery riverbeds. But the rewards are Indian Archaeological Institute. As an many, among them are a glimpse of the There are many examples of Jeff's active member of the Democratic black bears, moose, timber wolves, lynx, bea­ initiatives. An ongoing United States/ Party-on both the local and State lev­ vers, and white-tailed deer that pack the sur­ Russian cooperative effort on the Asian els-Joe regularly serves as an adviser rounding northwoods. gypsy moth could save $3.5 billion in and confidant not only to freshmen leg­ Mr. President, the Kek is not only a timber revenues over the next 40 years. islators and legislative staff, but also challenge to negotiate, but it presents Collaborative efforts on industrial pol­ to seasoned veterans and candidates. an even greater challenge to maintain. lution analysis in Eastern European On a personal note, I know Joe often The rewards to those who use the trail forests has changed the way we analyze skillfully prepares gourmet meals and are rewarding to understanding wilder­ pollution impacts on domestic forests. shares my great love for fishing. An ness life. Resource managers from South Africa, avid student of the German and Italian Not only is the Kek maintained, but Brazil, Canada, and the United States languages, he is also a key player in together with the U.S. Forest Service, have developed equipment that can the Legislative Partnership Group, volunteers and a private contractor predict fire movement and smoke com­ which aims to develop a sister State re­ built a 32-foot wilderness bridge. This position. The wintering habitat of lationship between Connecticut and bridge received second place in the na­ neotropical bird populations that fill the German State of Baden­ tional U.S. Forest Service competition our forests this time of year are pro­ Wuerttemburg. He also plans to com­ for primitive projects and was com­ tected by international forestry efforts plete his doctorate in history or politi­ pletely built with hand tools provided that Jeff has managed. cal science and teach at the university by the Forest Service. And the Forest I want to thank Jeff Sirmon for his level. Service provided equipment to help 35 years of leadership and service in the In light of his distinguished and im­ remap the trail using the global posi­ Forest Service and wish him well in his pressive record of accomplishment, Jo­ tioning system-the first such effort in retirement. I am confident that his seph H. Harper, Jr., clearly has made a the Midwest. mark on international forestry will en­ significant and positive impact on the Mr. President, it is my honor to join dure for many years to come.• citizens of Connecticut. It is without 3M in thanking Duane Cihlar and Jerry May 2, 1994 CONGRESSIONAL RECORD-SENATE 8959 Jussila. They exemplify the very best percent. It also eliminates the poten­ next hour of morning business under in public service.• tial threat of ground water pollution the control of Mr. DASCHLE or his des­ and contamination at the fueling sta­ ignee, with the following Senators rec­ tion because natural gas dissipates ognized for the time limits specified TRIBUTE TO LOUISVILLE GAS & quickly into the atmosphere when re­ after the first 2 hours of morning busi­ ELECTRIC CO. leased rather than forming as a puddle ness: Senator HATCH and Senator MUR­ • Mr. McCONNELL. Mr. President, I on the ground. KOWSKI for up to 15 minutes each, and rise today to pay tribute to the Louis­ In addition, natural gas costs close to Senator STEVENS and Senator COHEN ville Gas & Electric Co. [LG&E] of Lou­ 40 cents less per gallon than the gaso­ for up to 10 minutes each; that on isville, KY. This company has con­ line currently used nationwide, ulti­ Tuesday, the Senate stand in recess stantly upheld the utmost environ­ mately benefiting the customer. The from 12:30 p.m. to 2:30 p.m. in order to mental standards since its creation savings generated by LG&E's station accommodate the respective party con­ many years ago and continues to do so will equate to almost 122,000 gallons of ferences; and that at 2:30p.m. the Sen­ today. gasoline a year. ate resume consideration of S. 783, the For this reason, the company was re­ Mr. President, I would like to con­ consumer reporting reform bill. cently chosen by the Department of gratulate Louisville Gas & Electric on The PRESIDING OFFICER. Is there Energy's Office of Technical and Fi­ its accomplishments and wish this objection? nancial Assistance to receive the Spe­ great company future success.• Mr. BOND. No objection. cial Recognition Award under the 1994 The PRESIDING OFFICER. The National Awards Program for Energy Chair hears none, and it is ordered. Efficiency and Renewable Energy. This ORDERS FOR TUESDAY, MAY 3, award recognizes LG&E's efforts to 1994 benefit the Nation's environment, Mr. BRYAN. If my distinguished col­ RECESS UNTIL 9 A.M. TOMORROW economy, and security. league has no further matters to bring Mr. BRYAN. Mr. President, if there Most recognizable of all of Louisville to the attention of the body, on behalf is no further business to come before Gas & Electric's accomplishments is of the majority leader, I ask unani­ the Senate today, and no other Senator the natural gas vehicle fuels program mous consent that when the Senate is seeking recognition, I ask unani­ established in 1991. This was the first completes its business today, it stand mous consent the Senate stand in re­ company in the State to open a com­ in recess until the hour of 9 a.m. Tues­ cess as previously ordered. mercial natural gas refueling station. day, May 3; that following the prayer, There being no objection, the Senate, By September 1993, the station had the Journal of proceedings be deemed at 5:46 p.m., recessed until Tuesday, over 120 natural gas-powered vehicle approved to date, and the time for the May 3, 1994, at 9 a.m. owners as regular customers, and the two leaders be reserved for their use number continues to grow today. later in the day; that there then be a Louisville Gas & Electric decided to period for morning business not to ex­ CONFIRMATION invest in natural gas because of the tend beyond the hour of 12:30 p.m., with Executive nomination confirmed by fuel's ability to reduce all major pol­ Senators permitted to speak therein the Senate May 2, 1994: lutants produced by other gases. It re­ for a period up to 5 minutes each, with duces carbon emissions and nitrous ox­ the first hour of morning business DEPARTMENT OF COMMERCE ides by 70 percent, carbon monoxides WILLIAM ALAN REINSCH, OF MARYLAND, TO BE UNDER under the control of Senator SECRETARY OF COMMERCE FOR EXPORT ADMINISTRA­ by 50 percent, and carbon dioxides by 30 COVERDELL or his designee, and the TION.