Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

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

Vol. 142 WASHINGTON, WEDNESDAY, MARCH 6, 1996 No. 29 House of Representatives

The House met at 11 a.m. Mr. TRAFICANT led the Pledge of required that he remove those sections The Chaplain, Rev. James David Allegiance as follows: of the Palestine National Covenant Ford, D.D., offered the following pray- I pledge allegiance to the Flag of the Unit- which call for the destruction of Israel. er: ed States of America, and to the Republic for Until such time as Arafat lives up to Your goodness to us, O God, is be- which it stands, one nation under God, indi- those agreements he has signed and yond our measure and Your grace to us visible, with liberty and justice for all. eliminates Hamas from areas for which is not restrained. In spite of missing f he bears responsibility, the United the mark and seeing too much our own MESSAGE FROM THE SENATE States should know that there is little way, You allow your blessings to flow A message from the Senate by Mr. good in negotiating with him. and Your mercies never to cease. We Lundregan, one of its clerks, an- f pray that this day we will open our nounced that the Senate agrees to the hearts and minds to the daily gifts of report of the committee of conference HEALTH INSURANCE COVERAGE faith and hope and love and pray that on the disagreeing votes of the two (Mr. PALLONE asked and was given these gifts will brighten our day and Houses on the amendment of the Sen- permission to address the House for 1 make us faithful in Your service. In ate to the bill (H.R. 927), an act to seek minute.) Your name, we pray. Amen. international sanctions against the Mr. PALLONE. Mr. Speaker, Demo- f Castro government in Cuba, to plan for crats are uniting behind a proposal THE JOURNAL support of a transition government that would make modest but important leading to a democratically elected The SPEAKER. The Chair has exam- improvements in America’s health in- government in Cuba, and for other pur- ined the Journal of the last day’s pro- surance. This is a bill that was spon- poses. ceedings and announces to the House sored by the gentlewoman from New his approval thereof. f Jersey [Mrs. ROUKEMA] that would ba- Pursuant to clause 1, rule I, the Jour- THE MIDDLE EAST sically guarantee that insurance com- panies could not deny health insurance nal stands approved. (Ms. ROS-LEHTINEN asked and was Mr. BONILLA. Mr. Speaker, pursuant coverage for preexisting conditions and given permission to address the House also would improve what we call port- to clause 1, rule I, I demand a vote on for 1 minute and to revise and extend agreeing to the speaker’s approval of ability, the ability to take your insur- her remarks.) ance with you or to guarantee that the Journal. Ms. ROS-LEHTINEN. Mr. Speaker, your insurance is renewed even if you The SPEAKER. The question is on Patrick Henry said ‘‘Gentlemen may lose group coverage. the Chair’s approval of the Journal. cry peace, peace. But there is no Today we have over 150 House Demo- The question was taken; and the peace.’’ In quick succession, four blasts crats who are cosponsoring the Rou- speaker announced that the ayes ap- have extinguished 54 lives and scarred kema measure, including myself. We peared to have it. another 210. Mr. BONILLA. Mr. Speaker, I object Hamas has demonstrated again that are challenging the House Republican to the vote on the ground that a it is a murderous group of fanatics who leadership to let this bill come to the quorum is not present and make the are so poisoned with hate—so obsessed floor without loading it up with all point of order that a quorum is not with slaughter—that no innocent life is kinds of other proposals that would present. safe. make it less possible for the bill to The SPEAKER. Pursuant to clause 5 Terrorism experts have stated that pass. This is something that President of rule I, further proceedings on this Hamas and its allies will attempt to in- Clinton endorsed in his State of the question are postponed. flict this sort of horror on Americans. Union Address. The point or order is considered with- We must work together with the Israe- The time has come now for biparti- drawn. lis in stopping these madmen. san support for this health security and f Arafat must also shoulder his share health insurance reform for all Ameri- of the blame for this situation. He has cans. I call upon the House leadership PLEDGE OF ALLEGIANCE failed to prevent the uses of territory to bring this bill to the floor so that we The SPEAKER. Will the gentleman under his administration from being can see better guarantees that pre- from Ohio [Mr. TRAFICANT] come for- used as a staging area for these plots. existing conditions would not prevent ward and lead the House in the Pledge He has failed to comply with the con- someone from getting health insurance of Allegiance. ditions of the Oslo peace accords that and that someone who loses their

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 1719 H 1720 CONGRESSIONAL RECORD — HOUSE March 6, 1996 health insurance on the job can still While we may have some philosophi- ference to discuss his committee’s find- get it in the individual market. cal differences that should be debated ing that there are 760 Federal edu- f on this floor and while we may have cation programs scattered throughout problems from time to time, when I re- 39 separate departments, agencies, and CONGRATULATIONS TO turned to the Sixth District of Arizona, commissions. This web of Federal pro- CONGRESSMAN JIM BUNNING one message was given to me over- grams costs over $120 billion per year (Mr. BURTON of Indiana asked and whelmingly by liberals and conserv- to educate citizens on everything from was given permission to address the atives, Democrats and Republicans. the disposal of boat sewage to citizen- House for 1 minute and to revise and They said, Congressman, focus on re- ship. Each of these programs has its extend his remarks. sults and what works. own application process, and each re- Mr. BURTON of Indiana. Mr. Speak- Therefore, our mission is clear. To quires large amounts of staff time to er, a great, great honor befell one of do, in the words of President Clinton, administer—on the Federal, State, and our colleagues yesterday. JIM BUNNING what he said he wanted to do, to end local levels. Money spent on redundant from Kentucky, a very good friend of welfare as we know it, to find a way to programs is money not spent on our mine. Everybody here in the front row cut into the bureaucracy so $32 billion children. was elected to the Baseball Hall of is not spent on the bureaucracy of edu- This must change. Fame. This is an honor that very few cation but instead put on the front- f baseball players ever achieve. JIM lines helping children learn and ulti- pitched no-hitters in both the Amer- mately to allow the American people PULLING THE RUG OUT FROM ican and National Leagues. He did ex- to hang onto more of their hard-earned UNDER AMERICAN STUDENTS traordinary things and it is high time money to decide how to spend that on (Mr. BALDACCI asked and was given he was recognized. their children instead of sending it permission to address the House for 1 I remember when I was about 6 years here to Washington bureaucrats. minute.) old, and he was in the majors, how Those three broadly defined goals Mr. BALDACCI. Mr. Speaker, as much I admired JIM BUNNING. Maybe I deal with results. Let us work together March 15 draws closer, we are reminded was a little bit older, but anyhow let to see those results brought to fruition. that Congress has failed to enact the me just say that JIM deserves this f fiscal year 1996 appropriation for edu- honor. I hope all of my colleagues will cation. Five months of uncertainty A MESSAGE FROM SARA LEE take the opportunity today to con- about Federal funding has had a dev- gratulate him. It is a great honor for (Mr. TRAFICANT asked and was astating impact on schools in Maine JIM BUNNING and a great honor for the given permission to address the House and throughout the country. State of Kentucky. for 1 minute and to revise and extend I am concerned about the effect of f his remarks.) this uncertainty, combined with deep Mr. TRAFICANT. Mr. Speaker, Sara DISTRICT’S FEDERAL PAYMENT spending cuts, on our schools. Schools Lee is closing their Virginia apparel are having to make plans for the next (Ms. NORTON asked and was given factory; 42 workers lose their jobs. school year without even knowing permission to address the House for 1 Sara Lee is also closing a T-shirt fac- what resources they will have avail- minute and to revise and extend her re- tory in North Carolina; another 370 able. marks.) workers lose their jobs. I visited a number of schools in my Ms. NORTON. Mr. Speaker, edu- But Sara Lee says there is a lot of district over the February recess. I was cation is the motherhood and apple pie good news here. They are going to keep so impressed with the students I saw of Congress, yet the divergent ideology open their distribution center in who were eager to ask questions and to on education is punishing 80,000 school- Martinsville, VA. Distributing center. learn. The message I received is that children in the Nation’s Capital. Six They will not make the products here. we must invest more in our students, months into the appropriation year, a They will distribute them so America to help them grow and develop to their third of the District’s Federal payment can buy them but Americans cannot fullest potential. is still here, yes, it is still here, and the work in the factory. Unfortunately, some of our majority District is going to run out of money My colleagues, America does not colleagues seem determined to pull the at the end of the month. build a TV, a VCR, a typewriter, or a rug out from under America’s future by The issue is not the District but telephone, but they are distributing pushing cuts in education funding. whether tuition should go to private them all over our Nation. With NAFTA That’s moving in the wrong direction, and religious schools. We passed it here and GATT, this is not even trade any- and I urge my colleagues to oppose with a compromise. There is very little more. This is a takeover. America is these efforts. money involved, yet nationally of becoming a distribution center for for- f course there is a proposal to cut a bil- eign made imports. lion dollars and a million kids from the Think about it, Congress. There is a ELECTION YEAR POLITICS WITH title I education and disadvantaged serious message in there. THE WAR ON DRUGS program. f (Mr. DOOLITTLE asked and was The House is free to argue the point. given permission to address the House It is a fair point to argue, as to wheth- ARE MORE PROGRAMS THE ANSWER for 1 minute and to revise and extend er vouchers should obtain or whether his remarks.) we should cut large amounts of money (Mr. JONES asked and was given per- Mr. DOOLITTLE. Mr. Speaker, to- from public schoolchildren. I ask my mission to address the House for 1 day’s Washington Post contains the colleagues, however, to care about the minute.) following headline, ‘‘About Face, Clin- District’s schoolchildren and about the Mr. JONES. Mr. Speaker, despite ton To Restore Staff He Cut From survival of the Nation’s Capital itself. large increases in Federal spending, Antidrug Office.’’ Do not allow us to run out of money at test scores for students in the United First paragraph reads: the end of March because money you States continue to fall. In fact, accord- Moving full circle in this election year, owe us is stuck here. ing to a recent study, United States President Clinton plans an ambitious up- f students scored far below Japanese and grading of White House drug control policy British students in all subjects for office, 3 years after virtually wiping out that FOCUS ON RESULTS which there were comparisons. In some office. (Mr. HAYWORTH asked and was subjects, Japanese students came very Mr. Speaker, a recent survey shows given permission to address the House close to doubling scores of United huge increases in drug use amongst our for 1 minute and to revise and extend States students. So, what is the Presi- children. Not only is there increasing his remarks.) dent’s answer to this problem? More drug use, but the average age at which Mr. HAYWORTH. Mr. Speaker, I ap- spending and more programs. children first use drugs is now age 13. preciate the words of the delegate from This is not the answer. Last week, Mr. Speaker, the President has pur- the District of Columbia. Chairman GOODLING held a press con- sued a policy of appeasement in the March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1721 war on drugs. He has cut drug enforce- land access while reducing the regu- ducers have the capability to tap into ment programs. As Members heard, he latory burden on doing business at an estimated 60-year supply of oil and has, in fact, been AWOL in the war on home. natural gas that lies undiscovered in drugs. And now, in an election year, he I have no doubt that this Congress America. And they can do this without has decided to do something about it. will reverse recent trends and move to- threatening the environment. Five Mr. Speaker, it is truly tragic that ward a policy that encourages explo- years ago we learned a lesson—we need our children have been allowed to suf- ration and production to ensure a vi- to open the doors to energy independ- fer for 3 years while the President was brant healthy economy. ence to ensure our freedom from for- pursuing his true priorities. f eign tyrants’ threats. f CONDEMNING BOMBING ATTACKS f b 1115 IN ISRAEL CUTS IN EDUCATION PROGRAMS PASS THE BIPARTISAN HEALTH (Mr. NEAL of Massachusetts asked (Mrs. CLAYTON asked and was given CARE BILL and was given permission to address permission to address the House for 1 the House for 1 minute.) minute and to revise and extend her re- (Ms. DELAURO asked and was given Mr. NEAL of Massachusetts. Mr. marks.) permission to address the House for 1 Speaker, I rise this morning to con- Mrs. CLAYTON. Mr. Speaker, it is in- minute and to revise and extend her re- demn in the strongest possible terms consistent to talk about building for marks.) the deadly bombings that have terror- the future, while tearing down the Ms. DELAURO. Mr. Speaker, my Re- ized the people of Israel for the past 9 present. publican colleagues are trying to come days. In Jerusalem, in Ashkelon, and Yet, Members of this House seem to terms with the failure of their agen- most recently in Tel Aviv, suicide ready to abandon education by making da. They are instead trying to repack- bombers representing the Islamic fun- the largest cuts in our history, with age their image. They would have us damentalist group Hamas have taken overall funding for the Department of believe that they are on the side of more than 50 innocent lives, injured Education likely to be reduced by 25 working Americans. But let me tell my hundreds, and placed the mideast peace percent. colleagues that their agenda in fact process in jeopardy. In this time of In fiscal year 1949, 9 percent of the would hurt working Americans. mourning and reflection in Israel, I ex- Federal budget was spent on education. Just take a look at the issue of tend my own personal condolences to This year it is about 1.4 percent. On health care. There is today in this body the families of those killed in these education spending, we are headed in a bipartisan bill to improve the health senseless acts of violence. the wrong direction. security for average working Ameri- Just 2 years ago, Yitzhak Rabin and We talk about restoring families and cans. The bill would prevent the insur- Yasser Arafat stood on the south lawn helping our young people. ance companies from denying health of the White House and signed the dec- Yet, we take away the very key to coverage because of preexisting medi- laration of principles which set the his- their ability to have useful and produc- cal conditions. It would increase health toric peace process in motion. This tive lives—the opportunity for an edu- care availability for all. And this bill morning, in the wake of the bombings, cation. has the support of Republicans and that peace seems as distant and elusive Recent national polls show that Democrats in the House and Senate, as ever. Americans overwhelmingly support but they will not bring it up for a vote. At this critical hour, we in the Unit- education and believe that it should be There has been no action and no activ- ed States Congress must reaffirm our a top priority of Congress. Instead of a ity on this bill, and they are trying to commitment to the goal of bringing tax cut for the wealthy, we should put load it down with controversial propos- peace to the Middle East, and pledge to more money into education for our als in order to try to defeat it. vigorously support efforts that will children and for the future. I will quote from the Wall Street swiftly bring to justice those who seek We must restore these cuts. We must Journal this morning that says, ‘‘But to undermine that peace through cow- invest in America’s families, America’s passing the provisions that the House ardly acts of violence. children, America’s future workers. We suggests, passing the provisions in the f must be prepared to meet the chal- House, may set up a confrontation with lenges of the changing global economy. the Senate’’ and the bill would not RECOGNIZING THE FIFTH ANNI- Stop the education cuts and secure pass. VERSARY OF THE END OF THE America’s economic future. PERSIAN GULF WAR Mr. Speaker, if we are serious about f helping working Americans, let us talk (Mr. BONILLA asked and was given about health care security, bring up permission to address the House for 1 WE MUST SHIFT EDUCATION DECI- the bill. minute and to revise and extend his re- SIONS FROM WASHINGTON TO f marks.) LOCAL SCHOOL BOARDS Mr. BONILLA. Mr. Speaker, I rise (Mr. HUTCHINSON asked and was WE NEED TO ENCOURAGE OIL AND today to remember the sacrifice and given permission to address the House GAS PRODUCTION AT HOME achievement of our Persian Gulf war for 1 minute.) (Mr. CALVERT asked and was given veterans. Mr. HUTCHINSON. Mr. Speaker, permission to address the House for 1 This month marks the fifth anniver- President Clinton in his recent State of minute.) sary of the end of the war which liber- the Union Address proposed one more Mr. CALVERT. Mr. Speaker, a strong ated the small country of Kuwait and Federal education program, this one to domestic oil and gas industry not only ensured access to the region’s energy provide merit-based scholarships to the means more jobs and a better economic supplies. top 5 percent of high school graduates, future, but is essential for our Nation’s Unfortunately, we have done little to but the fact is there are already 47 national security. reduce the threat of energy depend- scholarship and fellowship programs Throughout the last decade Ameri- ence. operated by the Federal Government, ca’s oil and gas industry has lost a Five years later the U.S. dependence and this highlights a point made by the staggering number of jobs to sunnier on foreign oil has grown; America now gentleman from Pennsylvania [Mr. business climates. imports 52 percent of its annual oil GOODLING] at a press conference last My Energy and Mineral Resources supply. week. He pointed out that our commit- Subcommittee has been conducting We import 9 million barrels of oil a tee has discovered over 760 Federal edu- hearings to highlight the need for a day to satisfy demand. cation programs spanning 39 different Federal energy policy that encourages For a country that in on the cutting agencies and departments. Many of domestic exploration and production. edge of technology, there is no excuse these programs were designed to meet This policy must allow our oil and for a lack of energy preparedness which exactly the same goals, they overlap, gas producers to have greater public places American lives at risk. U.S. pro- they duplicate, and each has its own H 1722 CONGRESSIONAL RECORD — HOUSE March 6, 1996 application process and its own set of The trade programs in this country; we One of those patriots was Charles regulations. had 115 trade programs and 19 different Cook. Cookie, as his friends knew him, So why does President Clinton pro- agencies. With my legislation to dis- passed away earlier this month, a half pose one more education program, pro- mantle the Department of Commerce, century after he was freed from a Japa- gram 761? Is it to improve the edu- we consolidated that into one trade of- nese POW camp. You see, Charles Cook cation of our children or merely to fice. The economic development pro- was a survivor of the infamous 1942 Ba- make us feel like we are educating our grams; there were 315 economic devel- taan death march. Those who survived children by spending more money on opment programs in the Federal Gov- the Bataan death march and remained more programs? ernment. We need two, one for the pri- prisoners of the Japanese imperial What we must do is shift education vate sector and one for the public sec- army suffered more than most people decisions from Washington bureaucrats tor. living today could even imagine. But to parents and local school boards. We We need to stop the duplication of Charles Cook did not suffer in vain. He can and we must do better. the Government programs and get rid gave us a priceless legacy. Along with f of this Government-knows-best atti- others of that great generation, he left tude here in Washington, DC, because the legacy of freedom for America and REPUBLICAN-CONTROLLED CON- the American people cannot afford it the rest of the world. It is for us now to GRESS MAKING GOALS IN EDU- any longer. preserve that gift. CATION AND HEALTH CARE UN- f We must recognize our inherited obli- ATTAINABLE gation, and be zealous custodians of HOW TO AFFORD TO GIVE TAX RE- (Mr. GEJDENSON asked and was Charles Cook’s gift of liberty, which he LIEF TO MIDDLE-INCOME PEO- given permission to address the House purchased so dearly. PLE for 1 minute and to revise and extend f his remarks.) (Mr. DUNCAN asked and was given Mr. GEJDENSON. Mr. Speaker, as I permission to address the House for 1 AMERICA CANNOT AFFORD AN- have been meeting in my district with minute.) OTHER 4 YEARS OF PRESIDENT working people and men and women Mr. DUNCAN. Mr. Speaker, a few CLINTON who run small businesses, the two weeks ago it was announced that AT&T (Mr. TIAHRT asked and was given needs that turn out to be the most was laying off 40,000 employees. permission to address the House for 1 prevalent are the needs of a good edu- Then, several days ago, it was re- minute and to revise and extend his re- cation and training for the workers and ported that Robert Allen, the head of marks.) good health care for all of them as AT&T, had made over $16 million last Mr. TIAHRT. Mr. Speaker, in my well. Both of these goals are fast be- year. hometown, if they had found you in a coming unattainable. By the action of Mr. Speaker, this is almost obscene. dark alley with 75 pounds of cocaine the Republican-controlled Congress it There is no way that Mr. Allen could and 4 pounds of heroin in the trunk of will be more difficult in the next year really have earned $16 million for 1 your car, there is a general consensus for kids to go to college, to get train- year of work. that you have done something wrong. ing and education. It is becoming more And to take this much money at the But a Clinton appointed judge, Judge and more difficult between HMO’s and same time that thousands in his com- Herold Bear, who freed drug smugglers the inaction, the lack of action, by the pany are losing their jobs is really too because he deemed it normal for sus- Federal Government in health care. cruel for words. pects to run from the police turned Small businesses cannot afford to buy This excessive and exorbitant com- these drug runners free. The public health care even for their top man- pensation was criticized even a col- outcry over this brand of justice has agers, as the price of these programs umnist in yesterday’s Wall Street been astounding, and President Clinton continue to climb and the benefits con- Journal. ought to demand the resignation of tinue to shrink. HMO’s are endangering Also yesterday, most publications re- this judge immediately. people’s health and survival in the way ported that average compensation for But what bothers me most about this many of them are being managed, and CEO’s at 35 of our largest corporations case is we see yet another example what we are doing is we are crippling averaged $4.3 million and had gone up where President Clinton’s words do not the future of this country unless we are 23 percent since the year before. match his actions. He may talk like a ready to make sure that our workers I have said many times that the aver- law and order conservative, but he ap- are the best trained and the best edu- age person pays almost half of his or points liberal judges who let criminals cated in the world. her income in taxes, counting taxes of walk. If it had been up to this judge, We compete globally. The reality is all types, Federal, State, and local. these cops in New York City would not there are a billion-two Chinese and In- I do not favor higher taxes, but we have been able to arrest a woman who dians, another billion, that are going need to give tax relief to middle-in- was smuggling 4 million dollars’ worth to compete with us. Unless we are well come people, and one way to help pay of drugs to Michigan, enough drugs to trained we are going to lose the eco- for it would be to raise the taxes on all push on every kid in the city’s school nomic battle. The decisions made here these CEO’s and athletes and others system, push drugs on each one of will determine who will win and who making over $1 million a year. them. will lose. f America cannot afford these liberal f TRIBUTE TO CHARLES COOK judges and America cannot afford an- other 4 years of President Clinton. STOP THE DUPLICATION OF (Mr. BARR asked and was given per- GOVERNMENT PROGRAMS mission to address the House for 1 f (Mr. CHRYSLER asked and was given minute and to revise and extend his re- b 1130 permission to address the House for 1 marks.) minute.) Mr. BARR. Mr. Speaker, 54 years ago, THE CLINTON ADMINISTRATION Mr. CHRYSLER. Mr. Speaker, as my in 1942, the security of liberty was not HAS GONE FROM JUST SAY NO colleagues know, continuing on with as certain as it is today. The flame of TO JUST SAY NOTHING REGARD- the gentleman from Arkansas [Mr. freedom was in danger of being com- ING DRUGS HUTCHINSON], his comments on the du- pletely snuffed out by those who (Mrs. CUBIN asked and was given plicative nature of the Federal Govern- sought to enslave the world. permission to address the House for 1 ment programs where 760 Federal pro- Thankfully, freedom was preserved minute and to revise and extend her re- grams spanning 39 separate agencies for us by a generation of patriotic ben- marks.) and departments and commissions; we efactors who left the safety of their Mrs. CUBIN. Mr. Speaker, President also when we got here found that we homes and traveled thousands of miles Clinton and his administration have had 163 job training programs, and now, to rid the world of the despots who turned a blind eye to the alarming rise with the Careers Act, we only have 4. started World War II. in youth drug abuse. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1723

Marijuana use among 12- to 17-year- Republicans, how come NEWT GINGRICH tainly hope that a lot of us wake up olds rose from 1.6 million in 1992 to 2.9 wants to cut student loans? It simply and find out that when we continue to million in 1994. Between 1992 and 1994 does not make sense.’’ The Gingrich have this little window to our soul by the number of juveniles testing posi- budget wants to cut student loans $4 how we vote, people are going to get tive for marijuana more than doubled billion, wants to make other cuts in more and more alienated by what is across the country in cities like Bir- the safe and drug free school program, going on in this town. mingham, Cleveland, Indianapolis, Head Start, title I, Goals 2000, other If we do not care about our children, Phoenix, Portland, St. Louis, and San education funding programs, another $3 if we do not prepare for our future, this Francisco. billion. It simply does not make sense. country is really on the wrong course. What was President Clinton doing If we are ever going to be as globally We must put our children first, We can- during that time? Less than 1 month competitive as we need to be in this not shortchange them on education. after he took office, in February 1993, country, we do not cut education. We f he cut the staff at the office of drug do not cut student loans to middle- control policy by 83 percent. Then he class families. We do not cut programs THE JOURNAL eliminated drug testing for the White that help combat drug abuse in the The SPEAKER pro tempore (Mr. House staff. schools. We do not cut title I. We do EWING). Pursuant to clause 5 of rule I, This administration has gone from not cut school-to-work programs. Mr. the pending business is the question de just say no to just say nothing and it Speaker, it simply does not make novo of agreeing to the Speaker’s ap- has got to change to save our young sense. proval of the Journal. people. f The question is on the Speaker’s ap- f WE MUST PREVENT THE SHORT- proval of the Journal of the last day’s CORPORATE WELFARE CHANGING OF OUR CHILDREN’S proceedings. EDUCATION The question was taken; and the (Ms. MCKINNEY asked and was given Speaker pro tempore announced that permission to address the House for 1 (Mr. LEVIN asked and was given per- the ayes appeared to have it. minute and to revise and extend her re- mission to address the House for 1 Mr. TIAHRT. Mr. Speaker, I object to marks.) minute and to revise and extend his re- the vote on the ground that a quorum Ms. MCKINNEY. Mr. Speaker, yester- marks.) is not present and make the point of day the Cato Institute issued this news Mr. LEVIN. Mr. Speaker, on Monday order that a quorum is not present. release which said, ‘‘huge amounts in night I went to a school board meeting The SPEAKER pro tempore. Evi- corporate welfare remain untouched.’’ in one of my districts in suburban De- dently a quorum is not present. Now, everyone in Washington knows troit and talked with the school board The Sergeant at Arms will notify ab- that the Cato Institute is the furthest that is working hard to make good sent Members. thing from a liberal think tank. Yet, things happen. There was real con- The vote was taken by electronic de- even they understand that the cor- sternation about the cuts in education vice, and there were—yeas 346, nays 65, porate welfare state is about the only proposed by the majority here. answered ‘‘present’’ 2, not voting 18, as thing that is not being cut in order to Then, yesterday morning, I was at an follows: balance the budget. elementary school, Pattengill, in my In fact, the Republican majority old hometown of Berkley, MI, and I [Roll No. 45] wants to cut Pell grants for 280,000 stu- met with kids there in grades 1 YEAS—346 dents while preserving subsidies for through 3, and talked to their teachers. Ackerman Canady Eshoo companies like McDonald’s and Camp- Allard Cardin Evans That program is supported by title I Andrews Castle Ewing bell’s soup to advertise overseas. That funds. There is a teacher with partial Archer Chabot Farr Mr. Speaker, is a perverse set of prior- funding. Armey Chambliss Fattah ities. I read to and with the children, and I Bachus Chenoweth Fawell Baesler Chrysler Fields (LA) In this changing economy when saw the results of an effective title I Baker (CA) Clayton Fields (TX) workers are being axed in favor of program. The test scores have gone up. Baker (LA) Clement Flake cheap labor overseas or worker-replac- The children are reading and beginning Baldacci Clyburn Flanagan ing technologies, the last thing we Ballenger Coble Foglietta to learn basic math skills. What is Barcia Coburn Foley should be doing is undermining edu- being proposed on the majority side Barr Coleman Forbes cational opportunities of our future here to very much diminish the fund- Barrett (NE) Collins (GA) Ford work force. ing for those programs is only going to Barrett (WI) Combest Fowler Bartlett Condit Fox Mr. Speaker, the Republican major- shortchange the children of America. Barton Conyers Frank (MA) ity needs to understand that what is We have to prevent that shortchang- Bass Cooley Franks (NJ) good for our children’s education, is ing. Bateman Cox Frelinghuysen good for America. Becerra Coyne Frisa f Beilenson Cramer Funderburk f WE CANNOT SHORTCHANGE OUR Bentsen Crane Furse Bereuter Crapo Gallegly CUTTING STUDENT LOANS AND CHILDREN BY MAKING CUTS IN Berman Cremeans Ganske EDUCATION FUNDING PROGRAMS EDUCATION Bevill Cubin Gejdenson DOES NOT MAKE SENSE Bilbray Cunningham Gekas (Mrs. SCHROEDER asked and was Bilirakis Danner Geren (Mr. BROWN of Ohio asked and was given permission to address the House Bishop Davis Gilchrest given permission to address the House for 1 minute and to revise and extend Bliley de la Garza Gonzalez Blute Deal Goodlatte for 1 minute and to revise and extend her remarks.) Boehlert Dellums Goodling his remarks.) Mrs. SCHROEDER. Mr. Speaker, I be- Boehner Deutsch Gordon Mr. BROWN of Ohio. Mr. Speaker, lieve that when someone shows you Bonilla Diaz-Balart Goss earlier this week I spoke in Wadsworth, their leader, they are showing you a Bono Dicks Graham Boucher Dingell Greenwood OH, at the Wadsworth public library, part of their soul. I must say, our soul Brewster Doggett Gunderson to a group of young people and their around here is pretty sick. I am one of Browder Dooley Hall (OH) parents who are looking in the next the few people who voted against the Brown (FL) Doolittle Hall (TX) Brownback Doyle Hamilton couple of years to attend college. It last continuing resolution because it Bryant (TN) Dreier Hancock was mostly made up of sophomores and was a 20 percent cut from education. Bunn Duncan Hansen juniors in Wadsworth High School and In my district in Denver, they were Burr Dunn Hastert Highland High School and other high laying off Head Start workers because Burton Edwards Hastings (FL) Buyer Ehlers Hastings (WA) schools in Medina County. of this cut. Can you imagine our doing Callahan Ehrlich Hayes Mr. Speaker, before I spoke to this that to 3-year-olds, 4-year-olds, and 5- Calvert Emerson Hayworth seminar, a young person and her father year-olds? That is wrong. What kind of Camp Engel Hefner came up to me and said, ‘‘How come a soul does it take to do that? I cer- Campbell English Herger H 1724 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Hobson McKinney Sanford DeLay Gilman McCarthy (Mr. DIAZ-BALART asked and was Hoekstra McNulty Sawyer Dickey Houghton Stokes Hoke Meehan Saxton Dixon LaFalce Waldholtz given permission to revise and extend Holden Metcalf Scarborough Durbin Lipinski Zeliff his remarks and to include extraneous Horn Meyers Schaefer material.) b 1155 Hostettler Mica Schiff Mr. DIAZ-BALART. Mr. Speaker, Hoyer Miller (FL) Schumer Mr. JOHNSON of South Dakota Hunter Minge Scott House Resolution 370 provides for the Hutchinson Mink Seastrand changed his vote from ‘‘nay’’ to ‘‘yea.’’ consideration of the conference report Hyde Moakley Sensenbrenner So the Journal was approved. for H.R. 927, the Cuban Liberty and Inglis Molinari Shadegg The result of the vote was announced Istook Mollohan Shaw Democratic Solidarity Act of 1996, usu- Jackson (IL) Montgomery Shays as above recorded. ally referred to as the Helms-Burton Jackson-Lee Moorhead Shuster f bill, and waive all points of order (TX) Moran Sisisky against the conference report and Jefferson Morella Skaggs PERSONAL EXPLANATION Johnson (CT) Murtha Skeen against its consideration. Johnson (SD) Myers Skelton Mr. GILMAN. Mr. Speaker, on rollcall No. The House rules allow for 1 hour of Johnson, E. B. Myrick Slaughter 45, a journal vote, I was inadvertently absent. general debate to be equally divided be- Johnson, Sam Nadler Smith (MI) Had I been present, I would have voted ``yea.'' Johnston Neal Smith (NJ) tween the chairman and ranking mi- Jones Nethercutt Smith (TX) f nority member of the Committee on Kanjorski Neumann Smith (WA) REMOVAL OF NAME OF MEMBER International Relations. Kaptur Norwood Solomon This conference report is the re- Kasich Nussle Souder AS COSPONSOR OF H.R. 359 Kelly Oberstar Spence sponse of the United States, of the Con- Kennedy (MA) Obey Spratt Mr. BONO. Mr. Speaker, I ask unani- gress, and the President, to the murder Kennedy (RI) Orton Stark mous consent that my name be re- of three American citizens and another Kennelly Owens Stearns moved as a cosponsor of the bill, H.R. U.S. resident by Castro over inter- Kildee Oxley Stenholm 359. King Packard Stockman national waters on February 24. Kingston Parker Studds The SPEAKER pro tempore (Mr. Helms-Burton is also premised upon Kleczka Pastor Stump EWING). Is there objection to the re- the firm conviction that an accelerated Klink Paxon Stupak quest of the gentleman from Califor- Klug Payne (NJ) Talent end to the Stalinist dictatorship in Knollenberg Payne (VA) Tanner nia? Cuba is not only something that we Kolbe Pelosi Tate There was no objection. need to strive for because of elemental LaHood Peterson (FL) Tauzin f Lantos Peterson (MN) Taylor (NC) notions of solidarity with the terror- Largent Petri Thomas REMOVAL OF NAME OF MEMBER ized and oppressed people of Cuba—but LaTourette Pomeroy Thornberry AS COSPONSOR OF H.R. 1963 also because the establishment of de- Laughlin Porter Thornton mocracy in Cuba is in the national in- Lazio Portman Thurman Mr. SAXTON. Mr. Speaker, I ask Leach Poshard Tiahrt terest of the United States. Lewis (CA) Pryce Torres unanimous consent that my name be The Castro regime is, to its core, a Lewis (KY) Quillen Torricelli removed as a cosponsor of the bill, H.R. gangster regime. It is a regime that an- Lightfoot Quinn Upton 1963. swered a request, last month, by 130 Lincoln Radanovich Vucanovich The SPEAKER pro tempore. Is there Linder Rahall Walker dissident groups for permission to meet Livingston Ramstad Walsh objection to the request of the gen- peacefully, by arresting 186 dissident LoBiondo Rangel Wamp tleman from New Jersey? leaders and independent journalists—as Lofgren Reed Ward There was no objection. Lowey Regula Watts (OK) of last Thursday. Lucas Richardson Waxman f This is a regime that, to further in- Luther Riggs Weldon (FL) tensify its latest Stalinist crackdown Maloney Rivers Weldon (PA) CONFERENCE REPORT ON H.R. 927, Manton Roberts Weller CUBAN LIBERTY AND DEMO- on its internal opposition, felt the need Manzullo Roemer White CRATIC SOLIDARITY [LIBERTAD] to shoot down two American civilian Martini Rogers Whitfield ACT OF 1996 planes, killing three U.S. citizens and Matsui Rohrabacher Williams another U.S. resident, over inter- McCollum Ros-Lehtinen Wilson Mr. DIAZ-BALART. Mr. Speaker, by national waters a few days ago. McCrery Rose Wolf direction of the Committee on Rules, I McDade Roth Woolsey The message Castro sent the Cuban McHale Roukema Wynn call up House Resolution 370 and ask people by those murders of Americans McHugh Roybal-Allard Yates for its immediate consideration. McInnis Royce Young (AK) was clear: If I can murder Americans The Clerk read the resolution, as fol- over international waters and get away McIntosh Salmon Young (FL) lows: McKeon Sanders with it, imagine what I can do to you. H. RES. 370 NAYS—65 It’s important to note that before the Resolved, That upon adoption of this reso- murderous pilots of those MiG’s vis- Abercrombie Hefley Pickett lution it shall be in order to consider the ually identified the unarmed Cessnas Bonior Heineman Pombo conference report to accompany the bill Borski Hilleary Rush that they had been ordered to shoot (H.R. 927) to seek international sanctions Brown (CA) Hilliard Sabo down, the radar that was guiding them Brown (OH) Hinchey Schroeder against the Castro government in Cuba, to Clay Jacobs Serrano plan for support of a transition government had locked on to a cruise ship with Collins (IL) Kim Taylor (MS) leading to a democratically elected govern- hundreds aboard. Costello Latham Tejeda ment in Cuba, and for other purposes. All And how does the supreme gangster DeFazio Levin Thompson points of order against the conference report himself defend the murders. Read this DeLauro Lewis (GA) Torkildsen and against its consideration are waived. Dornan Longley Towns week’s Time magazine. Castro says: The conference report shall be considered as Ensign Markey Traficant They dropped leaflets on Havana. It was a read. Everett Martinez Velazquez real provocation * * * we had been patient, Fazio Mascara Vento The SPEAKER pro tempore. The gen- but there are limits * * * in addition to these Filner McDermott Visclosky Franks (CT) Meek Volkmer tleman from Florida [Mr. DIAZ- flights, there was also interference by the Frost Menendez Waters BALART] is recognized for 1 hour. U.S. interests section in our internal affairs. Gephardt Miller (CA) Watt (NC) What these people were doing was intoler- Gillmor Ney Wicker b 1200 able. They were giving money and paying the Green Olver Wise Mr. DIAZ-BALART. Mr. Speaker, for bills of dissidents * * * it was intolerable. Gutierrez Ortiz Zimmer Gutknecht Pallone the purposes of debate only, I yield the This is a regime that, according to customary 30 minutes to the gen- the respected British publication ANSWERED ‘‘PRESENT’’—2 tleman from California [Mr. BEILEN- Jane’s Defence Weekly, has been send- Gibbons Harman SON], pending which I yield myself such ing special forces to be trained at the NOT VOTING—18 time as I may consume. During consid- Hoa Binh Military Base in Communist Bryant (TX) Chapman Clinger eration of this resolution, all time Vietnam, since 1990, in preparation for Bunning Christensen Collins (MI) yielded is for purposes of debate only. strikes inside the United States in case March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1725 of war. According to Jane’s Defence property stolen from Americans, we Many of us, moreover, are deeply Weekly the purpose of those special are not acting in an extraterritorial concerned about the provisions of the forces in Castro’s army, training in fashion; we are protecting the property conference report itself and about its Vietnam, is to ‘‘Take the reality of war rights of American citizens, and in that effect on U.S. policy. to the American people, in order to cre- way, also deterring foreign investment Mr. Speaker, for many of our col- ate internal pressures on Washington.’’ in Castro’s apartheid economy. leagues, this bill will be easy to sup- Let me briefly quote from a state- The importance of codifying—putting port—it tightens the U.S. embargo on ment a few days ago by Senator DOLE: into law—the embargo, cannot be over- one of the world’s most despised dic- ‘‘U.S. policy toward Cuba has con- emphasized. tators. Yet, it is not likely that Fidel sequences around the globe. The world No democratic transition from a Castro will be hurt by this legislation. is still a dangerous place.’’ Adversaries long-term dictatorship in recent dec- Ironically, the Helms-Burton Act—a are watching our response to the mur- ades has been possible without some radical departure from current United der of American citizens. Our response important form of external pressure. States policy—will actually weaken is being noted—by Russian hardliners, Franco’s Spain and the European our ability to encourage democracy in by North Korean generals, by state Community; Trujillo’s Dominican Re- Cuba. sponsors of terrorism in Teheran and public and the OAS; Pinochet’s Chile; The fall of communism in Eastern Tripoli, by Serbian leaders, by the Chi- apartheid South Africa; the Greece of Europe should have taught us an im- nese military eyeing Taiwan. Timidity the colonels. portant lesson: the enemy of a closed only emboldens our enemies. Where there has been no external society, such as Cuba, is not increased This conference report is the re- pressure, such as in China, there has isolation—it is greater contact with sponse of the Congress and the Presi- been no democratic transition and the outside world. The Soviet Union dent to the murder of American citi- human rights violations have in- did not disintegrate because of an eco- zens. creased. The Washington Post confirms nomic blockade—it was exposure to The conference report codifies, it today in page A10, that in the State Western ideas, freedoms and prosperity puts into law, the existing embargo Department’s annual report on human that hastened the end to the cold war. against Cuba, much of which exists rights, to be released today, the fun- In marked contrast, 37 years of eco- only in regulations and miscellaneous damental premise of United States pol- nomic embargo against Cuba has failed executive orders. It will now take an icy toward China, that expanding trade utterly to topple the Castro govern- act of Congress to modify the embargo, will lead to greater individual freedoms ment. and no President will be able to weak- for Chinese citizens, is simply invalid. The dubious premise behind this leg- en the embargo unless a democratic We will be able, by the measures in islation is that the Cuban economy is transition is underway in Cuba. this conference report, including codi- on the brink of collapse, and that by President Clinton is urged to seek fication of the embargo, to maintain tightening our notoriously porous em- international sanctions against the sufficient pressure not only to acceler- bargo, the demise of the Castro regime Cuban dictatorship. ate Castro’s collapse, but also to see to can be achieved with one final push. The President is authorized to fur- it that his demise will lead to an inde- The reality is more complex. The nish assistance to democratic opposi- pendent Cuba with full political lib- Cuban economy has been showing signs tion and human rights groups in Cuba. erties and human rights for the now of recovery, brought about by limited The President is also asked to develop suffering Cuban people. reforms and new trade relationships a plan to assist the Cuban people once The Senate passed this conference re- with the rest of the world. And just as a democratically-elected government is port yesterday, 74 to 22. The President domestic opposition groups inside in place and to terminate the embargo supports it. I urge my colleagues to Cuba—the only real threat to the Cas- once a democratic government—with- support this rule and the conference re- tro government—have been invigorated out Castro or his brother Raul—is in port. by widening contacts with the outside power. The conference report calls for the Mr. Speaker, I reserve the balance of world, this legislation will turn back denial of entry into the United States my time. the clock by imposing further isolation Mr. BEILENSON. Mr. Speaker, I of any individual who trafficks in prop- and hardship on the Cuban people. erty stolen from Americans by Castro. thank our friend, the gentleman from Moreover, by codifying the Executive American citizens will be able to sue, Florida [Mr. DIAZ-BALART], for yielding orders that have maintained the Cuban in American courts, those who traffick the customary one-half hour of debate embargo since 1959, this legislation in property stolen from them by Cas- time to me. I yield myself such time as locks the United States into a failed tro. This provision will protect the I may consume. policy, and denies the President the property rights of American citizens, Mr. Speaker, we do not oppose the flexibility needed to respond to any fu- deter foreign investment in Cuba, and rule providing for the consideration of ture democratic transition in Cuba. make it much more difficult for the the conference report for the Cuban Many of us are disappointed that the Castro regime to obtain hard currency. Liberty and Democratic Solidarity President has dropped his opposition to The conference report reduces for- Act. this bill. Nevertheless, Congress has eign aid to those countries that provide As the gentleman from Florida has consistently recognized that the Presi- assistance in support of the extraor- explained, the rule waives all points of dent’s hands should not be tied in mat- dinarily dangerous Cuban nuclear facil- order against the conference report ters of foreign affairs—that a wide va- ity Castro is trying to complete at and, although we ought always to be riety of tools should be available to the Juragua. It also allows the President cautious in providing blanket waivers President to act in the national inter- to cut aid to Russia, dollar for dollar, for legislation, the granting of these est abroad. But, this bill mandates for its support of the intelligence facil- waivers for this conference report is in intransigency. As changes occur in ity to spy on the United States that accordance with our usual procedures Cuba—and they will occur—the Presi- the Russians still maintain in Cuba. when we consider conference reports in dent—this President, or some future Just by filing Helms-Burton a year the House. President—will be restricted from act- ago, foreign investment was cut in half The chairman of the International ing in the carefully calibrated fashion in 1995 in comparison to 1994. When po- Relations Committee, the gentleman that has marked our response to other tential investors confirm that dealing from New York [Mr. GILMAN], in re- dictators, and other emerging democ- in property stolen by Castro from questing the rule waiving all points of racies. Americans will expose them to the pos- order, specifically referred to the scope The United States is the only coun- sibility of being excluded from the of matters committed to the con- try in the world that maintains an eco- United States, no matter how unethi- ference. So Members should be aware nomic embargo against Cuba—a fact cal they may be, they will choose not that the conference agreement on this that the Helms-Burton Act, somewhat to invest in Castro’s slave economy. sweeping legislation includes provi- fatuously, tries to change. Many of our By saying that we will not look kind- sions that were in neither the House closest allies, moreover, are greatly of- ly upon foreign interests dealing in nor the Senate bill. fended—as they well should be—by this H 1726 CONGRESSIONAL RECORD — HOUSE March 6, 1996 legislation’s attempt to coerce them Mr. Speaker, I urge my colleagues to them where it hurts, in their pocket- into joining the embargo. vote against the conference report. books. Countries such as Canada, and our al- b 1215 Regarding our allies, Mr. Speaker, lies in Western Europe, warn that pro- there is no stronger supporter of this visions in this legislation violate inter- Mr. Speaker, I reserve the balance of treaty organization called NATO than national law, abrogate several treaties, our time. this Member of Congress. I do not take abandon our commitment to inter- Mr. DIAZ-BALART. Mr. Speaker, the lightly the fact that many of them are national financial institutions and imagination of our opponents is truly concerned about this legislation. But could lead to retaliation against Unit- amazing, as is the gentleman who was let us be blunt: It is time for them to ed States interests elsewhere in the cited and called a conservative, that understand that we will not go merrily world. Moreover, the arrogance of this very well-known anti-embargo activist. along while they provide a lifeline to bill is striking—by following the man- Mr. Speaker, I yield such time as he this Communist just off our coast who dates of this legislation, the United may consume to the gentleman from is in fact a mortal enemy of the United States will be imposing its own politi- New York [Mr. SOLOMON], the distin- States. cal agenda on countries—mostly guished chairman of the Committee on Our allies, especially Canada, to the friendly countries—throughout the Rules. north, and my district depends on a lot world whose businesses are acting in Mr. SOLOMON. Mr. Speaker, I thank of that trade with Canada, but they full compliance with their own laws. the gentleman from Miami, FL, for should be put on notice we will not Finally, we are concerned by the yielding me time. subjugate our national interests to manner in which the legislation seem- Mr. Speaker, we just heard the pre- their financial interests. Human de- ingly subverts our national interest for vious speaker say we, the United cency and human rights come first be- the interests of a select few. The States of America, are the only coun- fore any dollar. Nor should we continue Helms-Burton Act gives unprecedented try that has levied sanctions against to grant them open access to our huge benefits to a few very wealthy former Cuba. Yes, is that not a shame? That is market—as I said before, 250 million Cuban property owners—those who going to change come the next elec- Americans, they lick their chops to do owned property in pre-Castro Cuba val- tion, my friends. With 250 million con- business with the United States—if ued at more than $50,000 when it was suming Americans with the highest they insist on supporting Castro. I call seized in 1959—by giving these individ- buying power in the world, it is about on the President to drive home those uals and corporations the unprece- time that we told some of our allies points with them. dented right to sue, in United States that we do not like standing alone. Mr. Speaker, Castro is teetering on Federal courts, foreign companies That is what Ronald Reagan did back the brink. Cuba’s economy is in a melt- doing business on land they once in 1981 when he pulled them all to- down. Communism does not work. owned. gether and we stopped communism Take away the $6 billion propping them This right is not available to anyone dead in its tracks. No more spread of up, and it is going down, down, down. It who has lost property anywhere else in communism. Democracy is breaking is only a matter of time before com- the world—not in Germany, Vietnam, out all over the world. munism is dead in Cuba, as long as we Eastern Europe, or Russia—and it will If we have to stand alone, we will. enact legislation like this. obviously create a legal nightmare in But these sanctions are going to stand Castro has threatened renewed ter- our already overburdened Federal until atheistic, deadly communism is rorism against the United States of courts. But more troubling is the man- dead in this hemisphere. America. The latest bombings in Israel ner in which the legislation will allow Needless to say, I rise in strong sup- show just how easily that can be done. a few individuals and companies to port of this legislation. I really com- We are so vulnerable. That could hap- profit from the economic activity in mend the gentleman from Miami, FL pen so easily right here in the United Cuba this legislation condemns. By al- [Mr. DIAZ-BALART], as well as the gen- States of America. lowing wealthy former Cuban land- tlewoman from Florida [Ms. ROS- With Russia’s help Castro is con- owners to settle out of court with com- LEHTINEN], who have been so valiant in structing a dangerous nuclear power panies doing business in Cuba, these in- bringing this legislation, along with facility based on old faulty designs. dividuals can now share in the profits the gentleman from New York [Mr. Not only does this facility potentially to ongoing Cuban investment. Thus, GILMAN], the chairman of the Commit- subject us to a Chernobyl style disas- the Helms-Burton bill succeeds, in ef- tee on International Relations, and the ter, but we can surely expect Castro to fect, in lifting the embargo for a select gentleman from Indiana [Mr. BURTON], do what North Korea is doing, and that few, and perversely creates an incen- the chairman of the subcommittee. is to try to exploit the technology for tive for increased economic develop- They are all to be highly commended the purposes of building nuclear weap- ment in Cuba, from which only a small to be here in this timely manner. ons. And that cannot happen in this minority of Cuban-Americans will ben- Last week’s incident under which hemisphere. efit. Castro killed four Americans, and they We have had enough of this tyrant. It Let me be clear and end it here. This were Americans, underscores the need is time to bring this awful era of Fidel debate is not about our opinion of Fidel to start taking the situation seriously. Castro to a close. Adoption of this con- Castro—he is one of the more abhor- For over 30 years we have tolerated ference report today will accelerate the rent dictators of this century. We uni- Castro with a half-hearted embargo. arrival of that great day for both the formly condemn Cuba’s recent downing The holes in the embargo, plus billions Cuban people and the American people. of civilian aircraft in clear violation of of dollars, $6 billion a year from the Please come over here and vote for this international law, and our hearts go former Soviet Union, has allowed this rule and vote for this bill. out to the families of the pilots who dictator to survive and spread this Mr. BEILENSON. Mr. Speaker, I perished. atheistic communism. yield such time as he may consume to But this bill is rash, extreme and Although I do not know it, Mr. the gentleman from Massachusetts misguided—it runs contrary to our ex- Speaker, there may have been a good [Mr. MOAKLEY], the ranking member of perience of dealing with repressive re- reason for not pushing Castro harder the Committee on Rules. gimes elsewhere in the world, and it is during the cold war, but certainly not Mr. MOAKLEY. Mr. Speaker, I thank not in our own national interest. In the now. It is time to get serious, and this my colleague from California for yield- words of Louis Desloge, a conservative legislation does get serious. That is ing time to me. He made a very elo- Cuban-American: why Castro is so upset about it. That is quent statement yesterday in the Implementing an aggressive engagement why the Russians are so upset about it, Rules Committee and I agreed with policy to transmit our values to the Cuban the Russians that we are giving bil- people and to accelerate the burgeoning him entirely. process of reform occurring on the island has lions of dollars to in aid. And they turn Mr. Speaker, this rule provides for a far better chance of ending Castro’s rule around and aid and abet this dictator? the consideration of a very bad bill than the machinations of [the] Helms-Burton And that is why so many of our allies that I worry will have some very bad [Act]. are upset, too. This legislation will hit consequences. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1727 Make no mistake about it the the Philadelphia Inquirer, the Los An- What Havana really worries about is the shootdown by the Cuban Government geles Times, and the Baltimore Sun, all resurgence of opposition in Cuba itself. Op- of two unarmed Cessnas nearly 2 weeks opposing Helms-Burton. I would also position groups have been invigorated by ago was an unconscionable act. Presi- like to submit an article from the Cuba’s widened contacts with the outside world. They are also encouraged by a more dent Clinton was right in rallying the Washington Post exposing a little supportive attitude on the part of Miami- international community to denounce known loophole in the embargo and the based exile organizations. These used to view this terrible overreaction and I believe statement by the European Union in all Cubans who remained on the island, even the President was right in proposing opposition to the legislation. And I opposition activists, with suspicion. Now additional sanctions against Cuba. would like to submit a statement by groups like Brothers to the Rescue, the orga- But I believe it would be wrong for Alfredo Duran, who fought at the Bay nization whose planes were shot down last this Congress and this President to em- of Pigs and was imprisoned for over a week, see opposition groups on the island as brace the Helms-Burton legislation be- year, the President of the Cuban Com- a key to political change. mittee for Democracy, and a statement The Castro regime is alarmed by this po- cause of this terrible act. tential link between domestic opponents and Helms-Burton is a bad bill, plain and by Eloy Guitierrez Menoyo, who was a outside support groups, heralded by Brothers simple. political prisoner for 22 years in Cuba. to the Resuce’s previous airborne leafletting Even though the White House has re- Finally, Mr. Speaker, let me express of Havana. Indeed, Havana’s concern over cently reversed its position on this bill, again my strong opposition to the bill this prospect may have been a factor in last I would suggest that my colleagues for which this rule provides consider- week’s missile attack against the exiles’ read the letter the White House wrote ation. I know the authors have the planes. Washington should be doing every- us last fall when they very eloquently very best of intentions—but I firmly thing it can to promote opposition within believe that by passing this bill we are Cuba by encouraging more human inter- and persuasively made the case against change between the island and the outside Helms-Burton. making a big mistake. Mr. Speaker, I include the following world, not less. In fact, Secretary of State Warren The Helms-Burton Act is not an appro- Christopher expressed his concern that material for the RECORD: priate response to Cuba’s murderous deed. It the bill would actually damage pros- [From the New York Times, Mar. 2, 1996] is a wholesale policy reversal that weakens pects for a peaceful transition in Cuba. A BAD BILL ON CUBA America’s ability to encourage democracy in He further indicated that the inflexi- The Clinton Administration has done Cuba. Mr. Clinton should return to his origi- ble standards mandated in the bill many things right and one thing terribly nal sound position. would make it difficult to respond to a wrong in response to Cuba’s shootdown of two unarmed planes flown by Miami-based [From the Washington Post, Mar. 3, 1996] rapidly evolving situation should it exiles. THE GREAT CUBAN EMBARGO SCAM occur in Cuba. Providing a Coast Guard escort to accom- (By Louis F. Desloge) Mr. Speaker, the Secretary was abso- pany an exile flotilla to the site of the down- lutely right Helms-Burton would put ing today registers American determination Virtually everyone agrees that President Clinton should retaliate forcefully against United States foreign policy toward to protect the security of international wa- ters and airspace. Equally important, it Cuba’s tragic and murderous downing of two Cuba in a statutory straitjacket. civilian aircraft last weekend. But the least And while passions are running un- minimizes the risk of either the exiles’ or Havana’s provoking a new incident. The Ad- effective and most counterproductive pun- derstandably high and outrage is cer- ministration’s decision earlier this week to ishment is Clinton’s acquiescence to the tainly justified the fact remains that suspend charter flights to Cuba and to im- Helms-Burton bill to tighten the U.S. embar- Helms-Burton was bad policy a few pose travel restrictions on Cuban diplomats go of Cuba. This legislation, which the White months ago and it is bad policy today. in this country made clear that Havana had House endorsed last week, albeit with res- Our allies have expressed deep con- attacked not just anti-Castro activists but ervations, will only play into Castro’s hands cern over the bill’s provisions as they international law itself. by creating an expansive loophole for prop- erty claimants, especially wealthy Cuban relate to foreign companies. Yesterday However, the Administration is about to make a huge mistake by signing into law a Americans, to circumvent the embargo. all of us received the statement by the bill, sponsored by Senator Jesse Helms and Jesse Helms and Dan Burton, conserv- European Union indicating strong op- Representative Dan Burton, that aims to co- atives whom I admire, are no doubt sincere position to the Helms-Burton bill. erce other countries into joining the Amer- in their motivation to subvert Castro’s rule Similar statements of opposition ican embargo of Cuba. By dropping his oppo- by applying economic pressure on his re- have come from Canada’s Foreign Min- sition to the bill, Mr. Clinton junks his own gime. However, they may very well achieve ister and leading diplomats around the balanced policy for encouraging democracy just the opposite of what they seek by but- world. in Cuba and signs on to an approach that will tressing, not undermining, Castro’s support at home and weakening, not strengthening, Mr. Speaker, my strongest objection inevitably slow the opening of Cuban society and pick a pointless quarrel with American the embargo’s prohibition on trade with to this legislation is that it will not en- allies. Cuba. courage the departure of Fidel Castro The bill threatens foreign companies with The Helms-Burton bill is a slick strata- and it will only make the lives of aver- lawsuits and their executives with exclusion gem. Its stated purpose is to tighten the em- age Cubans more miserable—especially from American soil if they use any property bargo by allowing Cuban Americans to have Cuban children economically stran- in Cuba ever confiscated from anyone who is the unprecedented right to sue, in U.S. fed- gling the island only hurt the most now a United States citizen. Some of its pro- eral courts, foreign companies doing business vulnerable—and I’m not sure that’s visions appear to violate international law on land once owned by these exiles. The idea is to discourage foreign business investment what this Congress really wants to do. and trade treaties, and the Administration had been saying since last summer that it in Cuba, thus undermining the island’s finan- I believe this bill is exactly what Cas- would veto the measure unless these provi- cial recovery which, the bill’s supporters na- tro wants at a time when communism sions were removed. ively hope, will result in a collapse of the has crumbled around the globe; at a The United States is the only country that Castro regime. The bill’s practical con- time when the Cuban economy is in maintains an economic embargo against sequences are a different story. disarray; and at a time when the inter- Cuba, an outdated policy that has failed in 35 A little-noticed provision in the Helms- nal opposition in Cuba seems to be get- years to topple the Castro Government. Try- Burton measure will enable a small group of ting stronger. This bill only gives Cas- ing to coerce other countries to join the em- Cuban Americans to profit from the eco- bargo is offensive to American allies and un- nomic activity occurring in Cuba. tro an excuse to be more repressive and likely to succeed. To understand this provision, one must to justify his failed system. Backers of the Helms-Burton bill believe first know who helped write it. As the Balti- So, I say to my colleagues, if you the Cuban economy has been so enfeebled by more Sun reported last May, the bill was want to get at Fidel Castro, come up the loss of subsidized Soviet trade that the drafted with the advice of Nick Gutierrez, an with a different approach. Helms-Bur- Castro regime can be brought down with one attorney who represents the National Asso- ton will only breathe new life into his final shove. But Cuba’s economy, though ciation of Sugar Mill Owners of Cuba and the dictatorship. hurting, has already revived from the depths Cuban Association for the Tobacco Industry. of the early 1990’s. Its recovery has been Gutierrez acknowledges his involvement, as Mr. Speaker, I submit for the RECORD built on austerity, limited reforms and new does Ignacio Sanchez, an attorney whose editorials, which have recently ap- trade relationships with the rest of the firm represents the Bacardi rum company. peared in the New York Times, the world. It is unrealistic to think that a rein- Sanchez told the Sun that he worked on the Boston Globe, the Chicago Tribune, the forced American embargo would bring Mr. bill in his capacity as a member of the Amer- Washington Post, the Detroit News, Castro down. ican Bar Association’s Cuban Property H 1728 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Rights Task Force and not as representative suing Castro’s foreign collaborators later in [From the Boston Globe, Feb. 27, 1996] of the rum company. the final months of an election year? Not MISSTEPS ON CUBA It is not hard to surmise what these former very. When Fidel Castro sent his MIG fighters up sugar, tobacco and rum interests will do if The bottom line is that Clinton, in the against two alleged intruders last weekend, and when the law takes effect: sue their com- name of getting tough with Castro, has en- he not only shot down two unarmed civilian petitors who are now doing business in Cuba. dorsed a bill that allows the embargo to be aircraft and killed American citizens, he Gutierrez told the Miami Herald last fall evaded and protects Cuban Americans who shot himself in the foot as well. as saying that he (and his clients) are eyeing want to legally cut deals to exploit their In the last few months there had been signs a Kentucky subsidiary of British-American former properties in Cuba while the rest of that relations between Cuba and the United Tobacco (B.A.T.) that produces Lucky Strike the American business community must States—frozen for more than 30 years—might cigarettes. B.A.T. has a Cuban joint venture watch from the sidelines. be beginning to thaw. In October President with the Brazilian firm Souza Cruz to In fact, the legislation could encourage a Clinton eased some of the travel and finan- produce tobacco on land confiscated from his cial restrictions on Cuba in the interests of clients, Gutierrez claims. massive influx of new foreign investment in Cuba. Armed with the extortionist powers greater ‘‘people to people’’ contact. This Bacardi would be able to sue Pernod year there has been a steady stream of con- Ricard, the French spirits distributor, cur- conferred by the legislation, former property holders could shop around the world for pro- gressmen visiting the island, each receiving rently marketing Havana Club rum world- the obligatory audience with ‘‘the bearded wide. Bacardi claims that Pernod Ricard’s spective investors in Cuba and offer them a full release on their property claim in ex- one.’’ rum is being produced in the old Bacardi dis- American businessmen are becoming re- change for a ‘‘sweetheart’’ lawsuit settle- tillery in the city of Santiago de Cuba. ceptive to potential opportunities in Cuba. ment entitling them to a piece of the eco- Here is how this vexatious scheme will Some say that more Americans visited Cuba nomic action. Thus, the embargo is legally work if Helms-Burton becomes law. The for- in January than in any month since Castro bypassed and everyone laughs all the way to mer landowner of a tobacco farm files a suit came to power in 1959. in federal court against British-American the bank. Seeing his economy crash and burn after Tobacco and seeks damages. If both sides Actually, not everyone would benefit. The the end of support from the Communist bloc want to avoid prolonged litigation they can Clinton-endorsed version of Helms-Burton earlier this decade, Castro desperately needs reach an out-of-court settlement whereby only exempts the wealthiest cabal of Cuba’s foreign investments; an end to the American the former tobacco grower can now share in former elites from the embargo’s restraints. economic embargo of his island would ease the profits of the ongoing B.A.T.-Brazilian The bill will only allow those whose former the poverty of his people. joint venture in Cuba. Likewise, Bacardi property is worth a minimum value of $50,000 An even more Draconian twist to the em- could reach a settlement to get a share of (sans interest) to file suits. And you had to bargo, in the form of the Helms-Burton bill, Pernod Ricard’s profits from sales of Havana be very rich to have owned anything of that is waiting in the wings. Passed by both Club internationally. value in Cuba in 1959. If you were a Cuban houses but still awaiting action in con- These agreements do not need the blessing butcher, baker or candlestick maker, too ference committee, Helms-Burton would not of the U.S. government. This is the million bad. This bill is not for you. only tighten existing restrictions, but would dollar loophole in Helms-Burton. The bill What could be more useful to Castro in his punish our allies who trade with Cuba. The states: ‘‘an action [lawsuit] . . . may be efforts to shore up his standing with the House version, for example, could ‘‘restrict’’ brought and may be settled, and a judgment Cuban people? The spectacle of the U.S. Con- entry into the United States of corporate of- rendered in such action may be enforced, gress kowtowing to these Batista-era planta- ficers, even shareholders, of companies doing without the necessity of obtaining any li- tion owners and distillers provides Fidel his business in Cuba, a measure which might be cense or permission from any agency of the most effective propaganda weapon since the in violation of our trade agreements with United States.’’ Bay of Pigs debacle. Castro surely knows Canada in particular. What will be the practical result? Foreign that the overwhelming majority of the Some congressmen, such as Joseph Moak- companies like Pernod Ricard and British- Cuban people—60 percent of whom were born ley, told Castro last month that the United American Tobacco are unlikely to abandon after 1959—would deeply resent what can be States and Cuba had reached a ‘‘crossroads.’’ viable operations in Cuba because of a law- characterized, not unfairly, as an attempt to If Helms-Burton were signed into law it suit. More likely, these foreign businessmen confiscate their properties and revert control would ‘‘end any possibility for improved re- will agree, reluctantly, to pay off Cuban ex- over Cuba’s economy to people who symbol- lations anytime in the near future.’’ He told iles suing under Helms-Burton. Given the ize the corrupt rule of the 1950s. Rather than Castro that there ‘‘must be more movement choice of forfeiting millions of dollars in- undermining Castro’s rule, this bill would in Cuba in regard to human rights * * *’’ vested in Cuba or their financial interests in drive the people into his camp. Only last week, however, Castro arrested the United States, the practical business so- 100 dissidents and human-rights activists Where is the logic in denying the vast ma- lution might be to give the exiles a cut of who were seeking a peaceful dialogue with jority of the American people the right to the action. Far better to have 90 percent of the Cuban regime. This upset the European become economically engaged in Cuba if it is something than 100 percent of nothing, these Union, which is trying to work out an eco- extended to only a select, wealthy few? Is businessmen will reason. Allowing Cuban nomic-cooperation treaty with Cuba, and the concept of ‘‘equal protection under the Americans a share of their profits will just made it all the more difficult for those who law’’ served if non-Cuban Americans are now be factored in as another cost of doing busi- are working to defeat Helms-Burton in this relegated to the status of second-class citi- ness. country. Indeed, Helms-Burton gives the Cuban zens? Or is the real intent of this bill to Last weekend Castro made their task next exile community a strong financial stake in allow rich Cuban exiles the opportunity to to impossible. With large Cuban-American Castro’s Cuba. If the foreign businesses sim- get a jump start and thereby head off the communities in swing states such as New ply withdrew in the face of Helms-Burton, ‘‘gringo’’ business invasion certain to follow Jersey and Florida, seeming soft on Cuba in the exiled tobacco, sugar and rum interests the demise of the embargo and the inevitable an election year is not something politicians would get nothing. But if British-American passing of Castro. want. Tobacco or Pernod Ricard or any other for- Let us put an end to this special interest But the Helms-Burton bill is bad law. It eign firm now doing business with the Castro subterfuge. Whatever obligation the United was bad law before Castro’s stupid over- regime offers an out-of-court settlement to States had to my fellow Cuban Americans reaction to the admittedly provocative Cuban American exiles, who is going to turn has been more than fulfilled by providing us flights, and it is bad law now. It is to be them down? Given the option, at least some safe haven and the opportunity to prosper hoped that cool heads in Congress and the people are going to choose personal enrich- and flourish in a free society. Providing us, White House will realize that in time. ment over the principle of not doing business once again, another special exemption which with Fidel. After all, Fidel has been in power makes a mockery of the American Constitu- [From the Chicago Tribune, Mar. 1, 1996] for 37 years, and the exiles are not getting tion, laws and courts, not to mention mak- SURRENDERING U.S. POLICY ON CUBA any younger. ing a farce of U.S.-Cuba policy, is an insult After more than 30 years of them, it should The Clinton White House is not unaware of to both the American and Cuban people. be clear that trade sanctions against Cuba the scam at the heart of the bill. Before the If we are going to lift the embargo for a will not force Fidel Castro to surrender. shooting down of the plane, the president few wealthy exiles then, fine, let us lift it for What a shame, then, that a great power like had objected to the provisions allowing U.S. all Americans. To be fair and consistent, the United States has surrendered its foreign nationals to sue companies doing business in why not liberate the entire American com- policy to a tiny population of hard-line anti- Cuba. During last week’s conference with munity to bring the full weight if its influ- Castro Cubans. What an embarrassment! Congress, the president’s men surrendered ence to bear upon Cuban people? Implement- By agreeing this week to impose new eco- and asked for a face-saving compromise: a ing an aggressive engagement policy to nomic penalties against Cuba, President provision giving the president the right to transmit our values to the Cuban people and Clinton and the Republican-controlled Con- block such deals later on if they do not ad- to accelerate the burgeoning process of re- gress have proven that, given a choice be- vance the cause of democracy in Cuba. But form occurring on the island has a far better tween sound foreign policy and pandering to how likely is Clinton to block Cuban Ameri- chance of ending Castro’s rule then the the rabid anti-Castro crowd in a critical cans in Florida, a key election state, from machinations of Helms-Burton. electoral state, they’ll pander. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1729 In no way do we defend Castro’s dictator- lion Cuban Americans. From these sources But the new flights should be at their own ship or the outrageous disregard for human now come calls for a military response—an risk. Washington, not Miami, should be the life represented by Cuba’s downing last air patrol to knock down rising Cuban MiGs locus of U.S.-Cuba policy. And if the group weekend of two small civilian aircraft. But or a blockade to keep Fidel Castro from ei- files phony flight plans, the administration in that regard, an old American adage is in- ther receiving foreign ships or expelling a should consider grounding its aircraft. structive: Don’t go looking for trouble, it new flood of refugees to Florida. The president’s response drew criticism cautions, ’cause it’ll find you anyway. These measures would be counter- from some of his Republican challengers, but Brothers to the Rescue, an exile group, productive. If put into effect, they would this smacks of the criticism he dealt former went looking for trouble by violating Cuba’s leave the United States largely isolated President George Bush on Bosnia. It is easy sovereign air space to drop leaflets and by among other nations. The better course re- to talk tough when one is out of office. playing hide-and-seek with Cuban jets along mains to keep international diplomatic and For now, the Castro regime should feel the its periphery. private influence focused—in discussions on pain resulting from American displeasure By law, private citizens may not make for- ending the embargo, for instance—on open- over the shooting incident. But the long- eign policy. Yet the Cuban exiles invited this ing political space for human rights advo- term policy for breaking up the Castro re- ‘‘crisis,’’ if they didn’t actually manufacture cates, independent social and professional gime should be more contacts and more com- it, and suckered both a Democratic president organizations, and democrats. As the recent merce. and a Republican Congress into making pol- crackdown on Concilo Cubano demonstrates, icy to suit their purposes. this isn’t easy. But over time it offers hope. [From the Philadelphia Inquirer, Feb. 27, Ironically, the new sanctions, while aimed 1996] at isolating Castro and weakening his power, [From the Detroit News, Feb. 29, 1996] HOLD THE BLOCKADE are certain only to complicate trade rela- CUBA INCIDENT: CORRECT RESPONSE THOSE CRYING FOR MILITARY ACTION AGAINST tions with key U.S. allies and commercial CUBA OUGHT TO PUT SATURDAY’S ATTACKS The downing late last week of two un- partners such as Canada, Mexico and France. INTO CONTEXT. armed civilian planes by Cuban military jets Under the sanctions, U.S. visas will be de- off the coast of Cuba was a brutal and cow- Let’s have a little perspective, please, on nied to foreign corporate executives—and ardly act. But President Bill Clinton prop- the Cuban downing of two civilian planes their stockholders—if these firms are among erly resisted the temptation in a political last Saturday. those that have invested billions of dollars in season to overreact. The administration’s re- To hear GOP candidates (and some Cuban Cuban property. (The U.S. is the only nation sponse was reasonably measured, even as it exile groups) tell it, this is the most heinous that observes the absurd embargo of Cuba.) sought to condemn Cuba in the United Na- international crime since Hitler’s invasions, Another provision would allow U.S. citi- tions. and should be fought as fiercely. Send U.S. zens to file suit against foreign firms utiliz- President Clinton has suspended all air warplanes, says Pat Buchanan. Amateur ing property that was seized by Castro. But charter transportation to Cuba, vowed to hour in the White House, scoffs Bob Dole. in a cynical provision designed to neuter Fortunately, President Clinton has been reach an agreement on tightened trade sanc- that very same proposal, the president is level-headed enough not to blow this inci- tions against Cuba, asked Congress to divert granted power to waive the rule every six dent out of all proportion. His call for U.N. funds from Cuba’s $100 million in frozen as- months to throw out the backlog of antici- Security Council condemnation of Cuba, and sets to compensate the families of the pated cases. Cuban payment of compensation to the fami- downed pilots and restricted travel to Cuba Like all dictators, Castro shows unwaver- lies of the downed pilots, is about what the by Americans. ing patience in allowing his people to suffer. sorry episode merits. But the president didn’t end travel to But if America wants to influence Cuba to Those who want tougher action should ex- Cuba; he proposed requiring visitors to go liberalize, then more ties—not a trade em- amine the facts. through a third country to reach the island bargo—is the answer. The two downed Cessnas were piloted by nation. Government officials estimate that Cuban Americans belonging to a group called about 120,000 to 130,000 people travel from the [From the Washington Post, Feb. 27, 1996] Brothers to the Rescue, which is supposed to United States to Cuba each year. If the re- aid Cubans trying to escape by sea to Amer- CUBA’S BRUTALITY quirement that they route themselves ica. But the flow of refugees has mostly No one concerned for regional stability and through a third country slows the flow, Cuba stopped since Washington began repatriating air safety can fail to condemn Cuba’s brutal will suffer from a loss of revenue in hard cur- in August 1994. downing of two small unarmed civilian rency. So what were the planes doing? This Cuban planes on Saturday. In this latest mission by The proposed sanctions are in line with American group has frequently overflown Brothers to the Rescue, the two planes and a this country’s 30-year-old policy of enforcing Cuban airspace, illegally, and last January third that made it back to Miami had in fact a trade embargo on Cuba. Its economy was dropped anti-Castro leaflets on, Havana. On ignored Cuban warnings as well as official propped up by the Soviet Union, but the dis- Saturday’s flight, the pilots were warned by American cautions not to penetrate Cuban solution of the old Soviet empire has thrust Havana air controllers not to enter Cuban air-space. Nor was it clear whether their pur- the regime of Fidel Castro on hard times. airspace. They replied that they would do so pose was the stated humanitarian one of res- The shootings necessitated punishment anyway, adding, ‘‘we are aware we are in cuing fleeing rafters or the alleged political from Washington, but stiffer trade sanctions peril.’’ one of overflying Havana. But this is no ex- and restricted travel are not the best long- U.S. officials say a third plane that es- cuse for the attack. In such circumstances, term solution for inducing change in Cuba. caped did enter Cuban airspace, while the international law requires warning off the Mr. Clinton last fall moved to ease relations two downed planes were shot by a Cuban approaching aircraft. Instead, the Castro with Fidel Castro’s regime. The administra- MIG–29 in international waters. They also government, having considered for months tion then was right to do so. Commercial and say, rightly, that no country has the legal how to react to these flights, ignored Amer- cultural relations with Cuba ultimately will right to shoot down unarmed planes that ican urgings to stay on a peaceful and legal serve to weaken the grip of the aging com- don’t threaten national security; Cuban air path and shot to kill. munist dictator, whose misrule has given his controllers should have issued warnings. The Cuban attack caught President Clin- countrymen decades of economic ruin. But there is no question that Brothers to ton at a difficult time and place. He does not The administration’s tow-prong policy on the Rescue was trying to provoke a Cuban wish to be outflanked politically in a poten- the shootings is also well-judged. To com- reaction by repeatedly violating Cuban air- tial swing state, Florida, with a large Cuban- plement its own reprisals, it moved to obtain space to pursue their anti-Castro cause. No exile population and a presidential primary a condemnation of Cuba’s action in the Unit- matter how one admires the pilots’ bravery, coming up two weeks from today. Nor does ed Nations. The UN instead ‘‘deplored’’ or despises the Castro regime, that fact is he want, in expressing the prevailing and Cuba’s action, which is taken as a sign that clear. justified outrage, to let it overwhelm his pre- it will not adopt its own trade sanctions. Cuba is now nothing more than a historic vious efforts to open up certain avenues of But in all of its actions, the Clinton ad- leftover whose communist regime is bound communication and relief for the Cuban peo- ministration has moved to maintain control to dissolve soon. To further isolate the popu- ple, or to interfere with agreed procedures of of this country’s Cuba policy. The flights lation—by cutting phone contacts or family legal emigration. Hence the measures he an- near the Cuban coast by a Cuban emigre remittances from America—would only slow nounced yesterday to notch up pressure on group were clearly meant to provoke the the foreign contacts that help undermine the the Communist regime, including suspending Cuban government. The Cubans in the last regime. Havana-Miami charter flights and working several weeks had issued warnings that the Mounting a full-scale naval blockade with Congress to selectively tighten an al- flights should cease. Whether or not the ci- would put America at odds with all its allies. ready tight embargo. vilian pilots actually violated Cuban air Similarly, the Helms Burton bill in Con- Given the tensions Fidel Castro churns on space remains in dispute. gress—which the President has opposed but the American scene, the Clinton proposals Given the ambiguity of the situation, the now promises to work on—would also make were bound to be attacked not only by Re- Clinton administration is right not to let the international mischief unless it is rewritten. publicans campaigning for their party’s pres- Cuban emigre group get it into a confronta- As it now stands, the bill would legitimize idential nomination in Florida but also by tion. The group responsible for the flights suits by Americans against many third-coun- harder-line factions among the state’s mil- has promised to continue them this week. try firms that trade with Cuba. Do we want H 1730 CONGRESSIONAL RECORD — HOUSE March 6, 1996 to start trade wars with our allies over their around Cuba. At least twice, Brothers to the ical necessity, even though the more prudent commerce with Cuba? Rescue pilots have flown all the way to Ha- long-range course would be to create the per- That, not Mr. Clinton’s reasoned response, vana to drop anti-Castro leaflets. Were the sonal and economic ties needed for the inevi- sounds like amateur hour. Brothers trying to provoke an incident with table transition to a post-Castro era. Cuba on the eve of Congress’ consideration of [From the Los Angeles Times, Feb. 27, 1996] the Burton-Helms bill? Possibly, but even if STATEMENT OF THE EUROPEAN UNION, DELE- WEIGHING THE RESPONSE TO CUBA’S BRUTAL they were, and no matter how provocative GATION OF THE EUROPEAN COMMISSION, TO ATTACKS those flights might seem, they cannot justify THE DEPARTMENT OF STATE CLINTON’S TASK IS TO PUNISH CASTRO, NOT THE Saturday’s brutal response. The Presidency of the Council of the Euro- CUBAN PEOPLE Is Castro trying to send a message to pean Union and the European Commission Miami and Washington, not to mention the The Cuban air force downing of two civil- present their compliments to the Depart- Cuban people, with this bloody incident? Is ian aircraft last weekend, and the resultant ment of State and wish to refer to the Cuban he trying to prove, yet again, that he will deaths of four Cuban Americans aboard, was Liberty and Democratic Solidarity tolerate no political dissent from his aging a blatantly illegal and needless act of provo- (LIBERTAD) Act of 1996. and increasingly weak regime? Perhaps, but cation by Fidel Castro’s government. Presi- The European Union (EU) has consistently ultimately his attempts to hang onto power dent Clinton is right to condemn it in the expressed its opposition, as a matter of law are futile. Someday, the sooner the better, strongest terms. and policy, to extraterritorial applications the aging dictator will be gone and a new era But Clinton must not allow Castro’s latest of US jurisdiction which would also restrict of relations between Havana and Washington act of brutality to push him too far, and he EU trade in goods and services with Cuba, as will begin. As Clinton ponders how to react sensibly appears to have a hard but well- already stated in various diplomatic to this lastest outrage, the president must measured course in mind. To be provoked demarches made in Washington last year, in- keep in mind those long-term prospects. into a short-sighted overreaction could dam- cluding a letter from Sir Leon Brittan to Exact payment, squeeze Castro, but don’t de- age U.S.-Cuban long-term relations even fur- Secretary of State Warren Christopher. Al- rail the future relationship between the two ther. The Administration’s strategy may not though the EU is fully supportive of a peace- peoples. please some of Castro’s most ardent enemies ful transition in Cuba, it cannot accept that in this country, but it will make it easier for the US unilaterally determine and restrict [From the Baltimore Sun, Feb. 27, 1996] Washington and Havana to resume normal EU economic and commercial relations with relations in that not-too-distant future when CUBAN JETS VS. UNARMED CESSNAS third countries. Castro is gone and the long communist dic- CASTRO’S LATEST BLUNDER: CLINTON TIGHTENS The EU is consequently extremely con- tatorship comes to its inevitable end. EMBARGO, SHUNS MILITARY ACTION cerned by the latest developments in the Clinton has announced that he will seek President Clinton’s substantive response to House-Senate Conference in relation to this legislation to compensate the families of the Cuba’s latest outrage—the shooting down of legislation, including the position now ap- four missing and presumed dead fliers from two unarmed civilian planes whose only parently taken by the US Administration. Cuban assets that have been impounded in ‘‘bombs’’ were leaflets calling for freedom— The legislation contains several objection- this country. He also announced there will was more restrained than his rhetoric. He or- able elements. In addition, provisions relat- be new restrictions on the movement and dered no military action, imposed no naval ing to trafficking in confiscated property number of Cuban diplomats in the United blockade, kept telephone lines open and did and those concerning denial of visas to ex- States and the suspension of charter air not shut off the money sent by exiles to fam- ecutives or shareholders of companies in- travel to Cuba. Lastly, he will expand the ilies in Cuba. volved in transactions concerning con- reach of Radio Marti, the U.S. government Yet some action was imperative. No self- fiscated properties in Cuba, which had been broadcast service into Cuba, a long-time burr respecting country can permit the blatant removed during the adoption procedure by under Castro’s saddle. These are all reason- murder of four of its citizens to go the Senate last 19 October 1995, have now able responses. unpunished. No self-respecting leader can been reintroduced by the House-Senate Con- Less reasonable, and possibly counter- permit himself to be shown without re- ference. These provisions, if enacted and im- productive, is Clinton’s willingness to dis- course. plemented, risk leading to legal chaos. cuss with Congress possible administration Fidel Castro’s latest crime, when combined The EU cannot accept the prohibition for support for the so-called Burton-Helms bill, with his recent crackdown on dissenters, US-owned or controlled firms from financing legislation that would tighten the existing erases what had been a favorable trend in other firms that might be involved in certain U.S. economic embargo on Cuba. While bills U.S.-Cuban relations. It also could short-cir- economic transactions with Cuba. The EU like Burton-Helms reflect an understandable cuit some of his efforts to replace the loss of has stated on many occasions that such an U.S. frustration with the Castro regime, that Soviet-era economic aid with increasing extraterritorial extension of US jurisdiction legislation, like the embargo itself, would trade ties with Europe. is unacceptable as a matter of law and pol- cause ancillary problems in Washington’s re- It is true enough that those involved in icy. Therefore, the EU takes the position lationship with other nations, including im- Saturday’s incident were provocateurs in the that the United States has no basis in inter- portant allies and trading partners like Can- business of pulling Fidel’s beard. They were national law to claim the right to regulate ada and Spain. Unless the State Department members of Brothers to the Rescue, a Miami- in any way transactions taking place outside can help Congress rewrite Burton-Helms so based organization formed to rescue boat the United States with Cuba undertaken by that it aims toward the normalcy of key people fleeing Cuba. But since Mr. Clinton’s subsidiaries of US companies incorporated international trade agreements like policy of forced repatriation stopped much of outside the US. NAFTA—a prospect that seems highly un- that exodus, the group has violated Cuban Nor can the EU we accept the immediate likely—it is best tossed in the congressional air space several times to drop freedom leaf- impact of the legislation on the trade inter- trash bin. lets despite U.S. pleas to desist. This evi- ests of the EU by prohibiting the entry of its It is expected that the United Nations will dently was the intent when they flew toward sugars, syrups and molasses into the US, un- soon join the United States in condemning Havana during their ill-fated mission. less the former certifies that it will not im- the irrational order to set Cuba’s MIG war- The Cuban retaliation was far out of pro- port such products from Cuba. The EU con- planes upon the small civilian craft flown by portion to the provocation and in clear viola- siders such requests, designed to enforce a the anti-Castro pilots. Perhaps U.N. debate tion of international strictures against firing US policy which is not applied by the EU, as will bring out more facts about this incident at unarmed aircraft. As a result, Mr. Clinton illegitimate. Such measures would appear than are now publicly known. For instance, rightly reversed his order of last October unjustifiable under GATT 1994 and would ap- what were the exact whereabouts of the easing travel restrictions between the U.S. pear to violate the general principles of planes at the moment they were attacked? and Cuba. He will stop U.S. charter flights. international law and sovereignty on inde- The U.S. and Cuban government versions dif- He will compensate the families of those pendent states. fer enormously. The Cubans say that the killed by Cuban jet fighters out of frozen In these circumstances, the EU would ap- planes were inside their territory, while Cuban assets in the U.S. He will expand the preciate it if you would inform Congress that Washington and Brothers to the Rescue, the reach of Radio Marti. And he even will work the EU is currently examining the compat- Cuban American organization to which the with Congress to see if some version of the ibility of this legislation with WTO rules and planes belonged, maintain that the aircraft Helms-Burton bill tightening the economic that the EU will react to protect all its le- were flying over international waters. It is, embargo on Cuba can be passed. gitimate rights. in fact, illegal to shoot at any unarmed civil- One provision in that measure permitting The EU is also worried by the provisions ian aircraft, according to international civil Cuban-Americans and others to flood federal that would lead the US to unilaterally re- air agreements. Havana will have a lot of ex- courts with suits seeking compensation from duce payments to international institutions, plaining to do if it hopes to come close to third-country investors who have purchased such as the IMF. This measure would run justifying the deaths of these four people. properties confiscated by the Castro regime counter to collectively agreed upon obliga- At least some of the blame for this tragedy should remain veto-bait. It would serve only tions via-a-vis those institutions and would may lie with Brothers to the Rescue. Since to increase the impatience of other nations represent an attempt to influence improp- 1991, the organization of Cuban American pi- with the U.S. obsession with Cuba. Yet some erly their internal decision-making proc- lots has flown 1,700 missions in the skies tightening of the embargo now seems a polit- esses. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1731 The EU also finds most worrying the re- killed at the age of 31 in Cuba while trying lies of the murdered pilots. They duction of US assistance to the Russian Fed- to overthrow the Batista dictatorship. The should know that their loved one’s ef- eration as a possible consequence of this leg- tender age of the downed pilots makes me forts in helping those seeking freedom islation. Such a measure would not only think of my dead brothers. The scars from was an inspiration to us all. Their dedi- weaken Western leverage in favour of re- premature death are painful to bear. forms, but comes at a critical junction in Nothing can excuse Cuba’s bravado in cation and bravery will not be forgot- time. downing the two Cessnas in which four ten. Finally the EU objects, as a matter of prin- young Cubans perished. However, this is a This latest incident, once again, il- ciple, to those provisions that seek to assert time for restraint and reason on both sides. lustrates Castro’s disregard for human extraterritorial jurisdiction of US Federal US foreign policy relations must not be held rights and disrespect for international courts over disputes between the US and for- hostage by extremists who seek to provoke law. Along with repressing basic free- eign companies regarding expropriated prop- and intensify an already tense atmosphere doms, Castro routinely and unmerci- erty located overseas. This measure would between both countries. fully persecutes anyone who speaks out risk complicating not only third country The time has come to engage Cuba in nego- economic relations with Cuba, but also any tiations. If the US has understood, accepted, against his barbaric practices. Now is transitional process in Cuba itself. Further- and promoted democratization in other the time to tighten the sanctions. Only more, these provisions offer the possibility countries, it is incomprehensible to now con- by ending Castro’s access to foreign to US firms for legal harassment against for- tinue to treat Cuba with rigidity and inflexi- capital will we bring about positive eign competitors that choose to do business bility. change in Cuba. in Cuba. The threat of denial of a US visa for This is the moment to put into practice Since the cutoff of Soviet assistance corporate officers and shareholders accen- more creative and pragmatic policies which in 1991, Castro has launched a des- tuates this concern. are truly conducive to a peaceful solution to perate campaign to lure foreign invest- The EU considers that the collective ef- the Cuban situation. fects of these provisions have the potential After twenty-two years in a Cuban prison, ment in Cuba. This allows him to gen- to cause grave damage to bilateral EU–US I was exiled abroad. Last year, I returned to erate hard currency—the means nec- relations. For these reasons, the EU urges Havana and called for civil and political lib- essary to sustain his repressive appara- the US Administration to use its influence erties, for my right to return and continue tus. We must not allow Castro to prop to seek appropriate modifications to the pro- my political work there, including my right up his failed government with foreign posed legislation, or if this should not be fea- to establish an office of Cambio Cubano in investment in properties—many of sible, to prevent it from being enacted. my country. which were confiscated from U.S. citi- Should the legislation be adopted, the Eu- These objectives are possible only through ropean Union intends to defend its legiti- a national reconciliation, rather than zens. mate interests in the appropriate inter- through a failed policy of confrontation. The The conference report permits Amer- national fora. peace for which we yearn is not easy. Most ican citizens to recover damages from The Presidency of the Council of the Euro- good things are as difficult as they are rare. foreign investors who are profiting pean Union and the European Commission I urge the US Congress to defeat the from their stolen property in Cuba. avail themselves of this opportunity to Helms-Burton legislation. This will block the foreign investment renew to the Department of State the assur- Mr. BURTON of Indiana. Mr. Speak- lifeline which keeps Castro’s regime ances of their highest consideration. er, will the gentleman yield? alive. Mr. MOAKLEY. I yield to the gen- The conference report also creates a STATEMENT BY ALFREDO DURAN, PRESIDENT tleman from Indiana. OF CUBAN COMMITTEE FOR DEMOCRACY right for U.S. citizens to sue parties Mr. BURTON of Indiana. Mr. Speak- that knowingly and intentionally traf- The recent shooting of two civilian planes er, I would just like to ask the gen- which ended tragically with the loss of four fic in confiscated property of U.S. na- lives was unquestionably an overreaction— tleman, aside from killing Fidel Castro tionals. Moreover, it denies entry into once again—by the Government of Cuba. with some kind of a paper resolution, the United States of any such individ- While President Clinton was correct in criti- what would the gentleman do over this ual. These are logical steps which will cizing and imposing certain sanctions for the latest incident? compel international companies to Cuban Government’s disregard for inter- Mr. MOAKLEY. Mr. Speaker, re- make a fundamental choice: ignore national law, he should seriously ponder claiming my time, I would put the U.S. property rights and engage in whether he is not now overreacting with his strongest sanctions I could. Helms-Bur- own endorsement of the Helms-Burton bill. business as usual with Castro or main- ton is not the answer. tain access to the world’s largest mar- The Helms-Burton bill, with echoes of the Mr. BURTON of Indiana. Mr. Speak- Platt amendment, will, among other con- ket. sequences, seriously affect the relations be- er, what sanctions would the gen- While I strongly support increased tween the United States and Cuba for many tleman impose? economic sanctions to force Castro years to come; violate the spirit, if not also Mr. MOAKLEY. Anything else, but from power, I also support efforts to the laws, of free trade and irritate major al- Helms-Burton is not the answer. Let help any new effort which enhances the lies of the United States; deviate the atten- me tell the gentleman, every Member self-determination of the Cuban people. tion of the world from Cuba’s own excesses who votes for Helms-Burton, I bet to the United States embargo, a policy which The conference report requires the within a couple of months would say, President to develop a plan to provide most nations have consistently criticized; why did I do it? and crippled the United States President’s economic assistance to both a transi- ability to act with flexibility to changes in Mr. DIAZ-BALART. Mr. Speaker, I tional government and a duly elected Cuba. yield 3 minutes to the gentleman from Government in Cuba. These provisions Mr. Chairman, it will also further weaken Louisiana [Mr. LIVINGSTON], the distin- send a clear signal to the Cuban people the United States’ leverage with the Govern- guished chairman of the Committee on that the United States is prepared to ment of Cuba in the future; slow down the Appropriations. assist in the revival of Cuba’s economy mutually beneficial contacts between the (Mr. LIVINGSTON asked and was people of Cuba and the United States; and and to build a mutually beneficial bi- given permission to revise and extend lateral relationship. exacerbate the divisions already existing be- his remarks.) tween Cubans in the island and Cuban Amer- Cuba is at a crossroads. This report icans. Mr. LIVINGSTON. Mr. Speaker, I tightens the economic noose around Those of us who wish for a peaceful transi- thank my friend from Florida for yield- Castro and focuses our country’s ener- tion within Cuba appeal both to the Cuban ing me time. gies on bringing fundamental change in Government to rethink their disregard for Mr. Speaker, I rise in strong support Cuba. international norms and to the United of the rule and on the conference re- I urge my colleagues to support this States Government not to fall into the trap port on the Cuban Liberty and Demo- important legislation. of overreacting to an overreaction. cratic Solidarity Act. I commend b Chairman SOLOMON, Chairman GILMAN, 1230 STATEMENT OF ELOY GUTIERREZ MENOYO, and Chairman BURTON for all their Mr. BEILENSON. Mr. Speaker, I PRESIDENT OF CAMBIO CUBANO/CUBAN CHANGE, TO THE U.S. CONGRESS hard work on this important bill and yield 4 minutes to the gentleman from At a very early age, I learned about war. welcome President Clinton’s newfound Hawaii [Mr. ABERCROMBIE]. My brother Jose Antonio was killed fighting support. Mr. ABERCROMBIE. Mr. Speaker, I against fascism at age 16 in Spain. I was only I would like to take this opportunity find it rather strange that we are tak- five years old. My other brother, Carlos, was and offer my condolences to the fami- ing up this legislation today in the H 1732 CONGRESSIONAL RECORD — HOUSE March 6, 1996 manner in which we are. I will attempt not we are going to sanction it. If it is We are pleased that the administra- to answer the gentleman from Indiana the policy of the United States to allow tion has publicly agreed to back the [Mr. BURTON] as well. I think his ques- these flights to take place, then we Burton-Helms bill. And, I ask that tion is a good one: What would you do should say so. I think we should say so President Clinton’s March 5 letter to in place of this legislation? up front. Speaker GINGRICH endorsing this meas- Let me say what I think we should We are meeting in the Committee on ure be made part of the RECORD today. do. I think we should get rid of the em- National Security today, and we have With the tireless work of Representa- bargo entirely, open it up. We are deal- had a discussion already in terms of tive ROS-LEHTINEN, Representative ing with a nation here who shares west- our authorization as to what our policy DIAZ-BALART, Representative ern values. I think if we dropped the should be or not be with respect to MENENDEZ, and Representative embargo entirely, Mr. BURTON is shak- Cuba. And if it is our idea to have a TORRICELLI, we have fashioned a sound ing his head, I wish we had more time. provocation of the Cuban Government piece of legislation that advances one We could have an exchange at some at this time, then I think we need to of our most critical foreign policy ob- later point, perhaps in special orders or say so. And if that is what we want to jectives in this hemisphere. something of that nature. I do not as- do, go to war with Cuba, I think we Accordingly, I urge my colleagues to sociate the people of Cuba with the ought to talk about whether or not we support the rule and this worthy bill. Mr. BEILENSON. Mr. Speaker, I government any more than the people are going to go to war with Beijing. yield 5 minutes to the gentleman from around the world do necessarily with Are we going to encourage the same Coloroado [Mr. SKAGGS]. the government officials that we have kind of approach from Taiwan toward Mr. SKAGGS. Mr. Speaker, this leg- here. I think that the way to end the the mainland of China? I think we have islation comes to the floor today pro- dictatorship in Cuba is to open up our to be very, very careful here with re- pelled by our collective outrage over trade completely. I think the regime spect to whether we allow the emotion the recent murderous attack by the would fall very, very quickly under of the moment to rule the legislation Castro regime on two defenseless and that kind of circumstance. which comes before us in the wake of clearly marked civilian aircraft. Civ- But, because my time is limited, un- it. ilized people everywhere are rightly fortunately, I am trying in good faith With that, Mr. Speaker, I close my outraged by this brutal act and by the to give an answer to Mr. BURTON on remarks and indicate that at some disregard that the Castro regime has that. If we go with the legislation that time in the future, I would be delighted shown for human life and human is before us and allow the suing to take to discuss what we should do. And I do rights. place, who are going to bring into the not think, unfortunately, the legisla- It is long past time for Castro and his suit? Will Meyer Lansky come back tion before us today allows that kind of paranoid regime to follow Brezhnev, then and the Mafia? Is that who we discussion. Honeker, Ceausescu, and all the other want to put back in charge? Mr. DIAZ-BALART. Mr. Speaker, I failed Marxist dictators into the dust- I come from an island people. We un- yield 1 minute to the distinguished bin of history. There can be no dis- derstand what colonial domination is gentleman from New York [Mr. GIL- agreement about that. all about. I can tell my colleagues how MAN], chairman of the Committee on But does it follow that there should my interest in Cuba first started be- International Relations. be no disagreement about this bill? cause the oligarchs in Cuba that con- (Mr. GILMAN asked and was given Emphatically, it does not. In fact, this trolled sugar and slave labor there, permission to revise and extend his re- legislation is a product of outdated which competed with our free collec- marks.) dogma about how to fight Communist tive bargaining individuals in Hawaii Mr. GILMAN. Mr. Speaker, the dictators, just as much as Castro is an that produced sugar. We understand Cuban Liberty and Democratic Solidar- outdated Communist dictator. completely what was involved in the ity [Libertad] Act of 1996 has three con- A vote for this bill is a vote to ratch- 1950s. I do not want to hear crocodile structive objectives: to bring an early et up the already tight Cuban embargo. tears at this stage about dictatorships. end to the Castro regime by cutting off That may be popular as a way to reg- I understand exactly what is taking capital that keeps it afloat; to start ister our moral outrage at Castro’s lat- place in Cuba there. planning now for United States support est actions. Some may even believe it If my colleagues want to bring the to a democratic transition in Cuba; will help push his regime over the edge. Mafia back in and they want to bring and, to protect property confiscated To the contrary, passing this bill is the people who supported those kinds from United States citizens that is exactly the wrong thing to do right now. of people back into power, that is up to being exploited today by foreign com- What is our self-interest here? What them. They can do that. But do not try panies that are profiting at the expense should be our objective? It should be and sell us at this particular time that of the Cuban people. the peaceful transition to a Cuba with somehow our allies, then, in Mexico This legislation charts a course for an open economic system and a demo- and Canada are going to be subject to responsible normalization of United cratic political system. some kind of sanction. If we want to States-Cuba relations under specific What is the best way to get there? I get rid of NAFTA, it is OK with me. I conditions. And, in the meantime, it think our recent experience is instruc- voted against it. But if that is going to helps protect the property of U.S. citi- tive, our experience with the Soviet be the case, it seems to me that to zens until they can reclaim it under a Union, with Eastern Europe, with bring the kind of pressure that at least democratic government. China and Vietnam. one of the individuals speaking in favor Mr. Speaker, ‘‘libertad’’ means ‘‘free- That experience is one of modest suc- of the legislation brought to bear dom’’ for the Cuban people, literally cess achieved through a policy of today, then I think that we are going and figuratively. tough-minded engagement: Engage- to have to abrogate the NAFTA agree- By approving this Libertad Act with ment economically with trade and in- ment as well. I mean, this may be the wide bipartisan support, Congress will vestment, showing the virtues of our vehicle for doing it. I do not know. I demonstrate our solidarity with the economic system on the ground, in per- had not thought about it previously. Cuban people who are struggling to be son, in their face. Engagement ideo- So when Senator DOLE indicates, as free. logically, promoting the free exchange previous discussant related to us, that We are sending an unambiguous re- of information and people with U.S. policy has consequences around sponse to Castro in the wake of his unimpeded travel. And, engagement the world, I would say that is true. And murderous attack on February 24 that culturally, through cultural exchange I think our relationship with Canada cost the lives of four innocent Ameri- and humanitarian involvement. That’s and Mexico is a case in point. cans. And we express our condolences the policy that ultimately contributed I think that if we are talking about to their families. to the undoing of the repressive re- whether or not we are in control of our Mr. BURTON and I have worked with a gimes of the old Soviet empire and to own foreign policy, I think we have to strong bipartisan coalition that has economic reforms—admittedly incom- take into account whether or not these reached out to the administration in plete—underway in China and Viet- provocations do occur and whether or crafting this conference report. nam. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1733 In contrast, this bill is just another out the hard way—having toyed with a continued on a mission that went be- iteration of an outmoded ideology: misguided policy of appeasement right yond just searching for those who may mindless isolation, the same failed ap- up until those humanitarian relief be lost in the ocean trying to reach the proach that has been applied to Cuba planes were shot out of the sky. It is United States, few as they may be in for more than 30 by years. my hope that those who oppose this recent days. They were determined to What are we afraid of here? A small bill will soon come to the same realiza- make certain that the issue of the island nation with no stragegic allies tion that President Clinton has: That overthrow of Castro and the restora- and a failed economic and political sys- our only policy option is to clamp tion of democracy in Cuba would not be tem? down on Fidel Castro once and for all. forgotten. I do not care what my col- This Congress chose a policy of en- He is the problem. leagues’ beliefs are; if they believe that gagement with China even though Mr. Speaker, this legislation will put was sincere and they did these things, China poses much a greater risk to us U.S. policy with Castro back on we have to pray for their souls and than Cuba. We did this precisely be- track—back to being tough with con- their families and not ignore the cour- cause we know that political, eco- crete action designed to restore democ- age that they had in doing these nomic, and cultural engagement holds racy and encourage Castro’s departure things, not once, but many times, in out the best hope of avoiding those from power. We know from what hap- order to focus attention on the injus- very risks, whether economic or mili- pened in Haiti under the Clinton ad- tices, that were being committed in tary. ministration’s policy of misery that Cuba. This bill takes United States policy properly run and fully supported em- Did they believe that they would be shot down as civilian planes with no in Cuba in the wrong direction. It is ab- bargoes can have serious impact. In weapons? I would hope that no one solutely contrary to the long-term in- Haiti, the Clinton administration’s pol- would believe that in this world that terests of the United States. It will in- icy did damage that Haiti will be try- we have people who would say, ‘‘Be- crease the prospect of a violent convul- ing to recover from—and United States cause you have provoked us, because sion in Cuba that would be a real secu- taxpayers will probably be paying for— you have made us angry, that we are rity and immigration crisis for the for decades. But the Haiti experience prepared to blow up your planes and to United States. should have taught us that, once and murder you,’’ and so the United States I do not agree with the President embargo is made the policy of choice, leads the world in terms of outrage in that this isolationist bill is an accept- it has to be enforced with a clear focus saying whether those planes were over able measure, even in response to such on the enemy target and a firm com- Cuba, within 12 miles, outside of 12 an offensive provocation by the Cuban mitment to seeing it through to its de- miles, we just do not do this to people. Government as occurred last week. sired end. We ask our allies help. This If one wakes up in the middle of the Tightening the embargo will only play legislation is designed to achieve that night and they think there is a burglar into Castro’s hands, helping him to goal. I urge my colleagues to support that intruded in their house, and they keep his people in a state of repression the Libertad conference report and I pick up a gun, and they go, and then and deprivation. look forward to the day when the Unit- they see it is a child that is fleeing As in the case of our other former, ed States can once again embrace a without an arm, they may have the and hold-over adversaries from the cold free and democratic Cuba. legal right, they may have the emo- war era, the best policy for the United b 1245 tional feeling, but they do not shoot States to follow for its own self-inter- down a defenseless child no matter how Mr. BEILENSON. Mr. Speaker, I est, and to encourage reform of China’s much that child provoked them. No yield such time as he may consume to political and economic system, is a pol- matter how we measure the patriotism, the distinguished gentleman from New icy of tough-minded engagement. the dedication, of these pilots, nobody York [Mr. RANGEL]. Let us learn from recent history, Mr. can make the accusation that they (Mr. RANGEL asked and was given Speaker. Let us have the courage to were a threat to the security of the permission to revise and extend his re- say ‘‘no’’ to narrow ideology, to say people in Cuba. ‘‘no’’ to special-interest group domina- marks.) So we all have to do the best we can Mr. RANGEL. Mr. Speaker, I appre- tion of United States policy toward to show not just Castro but anyone Cuba, and ‘‘no’’ to this bill. ciate this opportunity to address the that thinks this way it is an out- Mr. DIAZ-BALART. Mr. Speaker, I House, and I guess, since this is an rageous thing to do, but how do we re- yield 2 minutes to the gentleman from emotional issue votes will not be spond as a civilized nation? Do we run Florida [Mr. GOSS], my distinguished changed, but I am in opposition to this there, and grab Castro, and shake him, colleague on the Committee on Rules. rule, and most of what I am saying I and say never again? No, our response (Mr. GOSS asked and was given per- hope I am saying for the RECORD as op- is that we are going to enact this bill. mission to revise and extend his re- posed to being against the deep feelings We are going to show him how tough marks.) of my friends and colleagues that are we are. Mr. GOSS. Mr. Speaker, I thank my in support of the rule as well as the And what do we do in this bill? We distinguished colleague from Florida bill. say that we are going to not only tight- for yielding time to me, and I rise A couple of weeks ago the President en the trade embargo against Cuba, but today in strong support of this rule and of the United States reviewed this bill, we are going to take it out of the hands the conference report on the Helms- and he had indicated that he had seri- of the President. Who can trust the Burton Libertad bill. ous reservations about this bill inter- President? We have got to make it Today, at long last, we discuss this fering with our foreign policy, our statutory. We have got to say when it bipartisan legislation knowing that the trade policy, about it abusing our court comes to embargoes in foreign coun- President has agreed to sign it when it system, in that he said in its present tries we know best, not Presidents reaches his desk—unlike too many form he would veto it. A couple of know what is best. And what else are other important measures that have weeks ago the Helms-Burton bill was, I we going to do? We are going to say run into his veto pen. Today’s vote cul- think politically speaking, put on the that our embargo was so effective that minates a long effort to educate the ad- back burner in this body. A couple of once we tightened the screws on our so- ministration about the true nature of weeks ago all the Republican can- called friends, they will capitulate to the Castro dictatorship. I must point didates were dealing with the issues this United States pressure and join in out with some wonderment that it that they thought were important, but with us, as they did in South Africa took the brutal tragic death of inno- democracy in Cuba never got on any- and Haiti, and say this is the moral and cent American citizens to finally con- body’s agenda. What happened between the right thing to do and then collapse vince the Clinton administration that that time and this political legislative goes Castro. Fidel Castro really does not operate by rush to do this as fast as we can for de- Give me a break. This bill has noth- rules of civilized conduct and he is mocracy? What happened? ing to do with Castro. It has everything never to be trusted. The Clinton ad- Four dedicated Americans, loving de- to do with our friends and our voters in ministration, it seems, had to find this mocracy enough to risk their lives, Florida. H 1734 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Do my colleagues think for 1 minute that, if they do not like our foreign denies the most basic of human lib- that the Organization of American policy, they just get themselves an air- erties to the people of Cuba. States is going to say I was outraged, plane, buddy. Just put in for a flight This legislation takes a strong stance too; please let me break every agree- plan. Just go where they want to go. against those immoral investors by de- ment that I have with Cuba? Do my And when they say the jets are coming, nying them participation in our United colleagues think that the World Trade then say, hey, forget it, I am dedicated. States markets, if they decide to invest Organization is going to say since we Let us see what is happening in Ire- in Cuba and prop up the dictator in have a murderer as a dictator, all the land. As my colleagues know, let us this way. investments we have in Cuba, we got to put out some pamphlets there. Let us Mr. Speaker, I urge my colleagues to tell them to forget it. Do my col- go to the Middle East and see whether join us today in supporting this legisla- leagues think the United Nations is or not they are really prepared to real- tion, thus helping Cubans in their going to do anything except condemn ly move the peace process. Let us struggle for freedom. This bill will hurt the United States in trying to perpet- check out Korea, North and South, and Castro, it will help the Cuban people, uate our domestic and, indeed, to Vietnam, and let us legislate it, do not and it will send a strong message to stretch the word, our foreign policy, to let the President with his flip-flop self those immoral foreign investors. Stop include them? No. The truth of the determine 1 day what is good and what helping the dictator by trafficking in matter is that we do not care what is bad. The Congress knows, and who confiscated United States property. they believe. We are doing this because knows better than the Republican ma- The Helms-Burton bill goes to the we feel good about doing it, and do my jority here about everything? heart of the means by which the Cuban colleagues know why we are doing it? So this is not a contract for America. tyrant is now financing his repression Because we got the votes to do it. And This is a contract for the world. If you of the Cuban people; namely, immoral do my colleagues know why the Presi- are for democracy, squeeze the people foreign investment. After the millions dent is doing it? Because he wants the that are hungry, stop the food and of dollars in Soviet subsidies to Castro votes to continue to be President. medicine from going, tell American ended, the Cuban dictator and his Com- I tell my colleagues this: The people businessmen not in Cuba will you in- munist thugs have tried to obtain the who want democracy in Cuba, do not vest, and at the same time support hard currency necessary to keep them- change those ways, do what feels good, trade in NAFTA, support it in GATT, selves in power. Foreigners are allowed but let some of us who want democracy support it all over the world, but do to invest in Cuba, and many do, in and freedom at least try some different not support it in Cuba. properties which are illegally stolen way to do it. I just do not believe that I suggest to my colleagues I have the from American citizens. they are doing anything except saying same outrage for murderers that they In this new slave-like economy, de- to the poor people in Cuba who are do, but I hope this country does not signed by the Castro regime, the Cuban hopeless, who are jobless, who are suf- embark on having this concrete and people are not able to participate. In- fering, who are in misery, who need firmed up as what we do as a nation stead they are pawns of the regime and food, who need medicine; do my col- and as a Congress when we are out- of the foreign investors who are at- leagues think for 1 minute that they raged. tracted to invest in Cuba because of are marching up and down the streets Mr. DIAZ-BALART. Mr. Speaker, I the low wages and the repression of Havana saying, ‘‘My God, Castro, yield 5 minutes to the gentlewoman against the Cuban worker. The foreign you made it worse for us, now the from Florida [Ms. ROS-LEHTINEN], my investors pay Castro in dollars. Castro whole world is condemning us’’? No, distinguished friend and colleague. pays the Cuban worker in devalued Castro is saying their misery and their Ms. ROS-LEHTINEN. Mr. Speaker, I Cuban pesos at a small percentage of pain is due to Americans who sin- thank the gentleman for yielding time what was given to the communist dic- gularly have an embargo against them. to me, as well as for his strong leader- tator. Is he blaming himself for the failures ship role in the passing of this legisla- Mr. Speaker, it is for those four mur- that he has had in the socialistic com- tion. dered pilots, Armando Alejandre, Mario munistic government? No. Mr. Speaker, I rise in support of the de la Pena, Pablo Morales, and Carlos So who is supposed to be responsible rule for H.R. 927. This legislation is de- Costa, as well as for the thousands and for everything that is going bad? The signed to hasten the demise of the Cas- thousands of unknown Cubans who embargo. And what do we say? Forget tro dictatorship, the last undemocratic have given their lives to bring liberty what you see, what you hear, it is regime in our hemisphere, which for to their island that we will pass this working, man; it is working, man. And over three decades has subjected the legislation today. Cuban people to untold repression and it is working so well, all we have to do b 1300 is tighten this, and then all of the Cu- misery. bans will be in such misery and pain Over the past month, we have ob- Mr. Speaker, it is not only the cor- and hunger. served the voices of those calling for a rect policy to follow, but a moral im- Do my colleagues know what they softer policy with Castro fall strangely perative to assure that the ultimate are going to do? No. What will they do? silent as the dictatorship increases its sacrifice paid by these thousands of They are going to organize and revolt. repression against the people of the is- freedom fighters will not be in vain. Oh, my God. Meaning they are going to land. Not only has the regime in- At times it seems unreal and implau- overthrow the government? Oh, yes, creased its harassment and intimida- sible that only 90 miles from the shores hungry and sick and tired, without ri- tion against the growing independent of this great democracy lies an fles, they are going to this fat, movements in journalism and in other enslaved nation ruled by a ruthless overtrained, overfed army and say, dissident sectors inside Cuba, but the Communist dictatorship, a nation ‘‘Oh, thank God, the Americans have regime’s brutal shoot down last week whose citizens are denied the most made life miserable for me, we are get- of two civilian unarmed aircraft with basic human, civil, and political rights. ting rid of you.’’ U.S. citizens aboard showed us that In my native homeland of Cuba, no one I tell my colleagues one thing: If we after three decades the Castro tyranny but the dictator has any rights at all, do reach these people, we will get rid of remains as bloody and ruthless as it an island which once had the highest them, and they will be on the rafts, and ever has been. standard of living in Latin America but they will be on the boats, and they will The Helms-Burton bill will penalize where its citizens today struggle day to be in Miami, but they will not be fight- those who have become Castro’s new day for the bare necessities needed to ing that Communist Cuban Army in patron saviors-foreign investors who survive. Havana. My colleagues can believe callously traffick in American con- Mr. Speaker, it might seem unreal that. fiscated properties in Cuba to profit that such a state could exist a few But I say this: As we bleed for the from the misery of the Cuban worker. miles from our shores, but of course, families of those heroic pilots, I see These investors care little that they unfortunately, it does. The thousands something new happening here, too. We are dealing with a tyrant who pro- of Cuban rafters who have risked their are, indeed, encouraging other people motes terrorism, drug trafficking, and lives in the Florida Straits to escape March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1735 the Castro dictatorship are a vivid re- get any time from the Democratic side The fact of the matter is he has minder of this sad reality. The thou- to speak in favor of the bill, despite the shown us what he is willing to do with sands of dissidents who have been har- fact that a third of the Democratic the third largest military in the entire assed, imprisoned, and indeed killed Caucus voted for this bill last fall. Western Hemisphere. He represses his are testament to the lack of respect for Mr. Speaker, I rise not to apologize people who ask for peaceful democratic human rights by the Castro regime. for Fidel Castro, not to coddle him, not change, and we are silent for the most Most recently, the premeditated to rationalize or justify whatever he part. Those who say they are for de- cold-blooded murder over international has done. The fact of the matter is that mocracy in Cuba, peaceful democratic waters of four pilots in a humanitarian I am really offended when I hear my change, why are they not speaking out mission, three of them American citi- colleagues refer to this issue as ‘‘This on behalf of the Concilio Cubano? zens, one a Vietnam veteran who is about voters in Florida.’’ To say that What is the response to four U.S. served two tours of duty, has awakened is to say that seeking peace in Ireland citizens flying in international air- the world that in Cuba, the rule of or giving a visa to Gerry Adams is space, unquestioned by our Govern- death and fear prevailed over the rule about Irish voters, or that our collec- ment through all of their intelligence of democratic law and order. tive outrage against the barbaric acts that they were in international air- Mr. Speaker, the legislation we are that have taken place in Israel is about space? This is the response, Mr. Speak- now considering will go a long way to- Jewish voters, or, for that matter, to er. Let me read the transcript that ward helping the Cuban people reestab- say that our movements to end apart- Madeleine Albright presented to the lish the rule of democracy and law for heid in South Africa, to bring democ- United Nations: ‘‘Cuban fighters, a which they have battled for 37 years to racy to Haiti, and our efforts to give small white and blue Cessna that they achieve. I thank the gentleman once relief in Somalia were about African- were tracking, and their excitement again for his strong leadership role in American voters. It is an insult to this was clearly palpable * * * ‘The target making this legislation possible as well community. is in sight, the target is in sight,’ the as many of our colleagues on the This is about democracy. It is about small aircraft, the MiG pilot radioed Democratic side of the aisle. promoting human rights. It is not back to his ground controller. ‘It is fly- Mr. DIAZ-BALART. Mr. Speaker, I about votes of some group in some ing at a low altitude. Give me instruc- yield 1 minute to the gentleman from State or States. That is why we had a tions,’ said the pilot. The answer was Ohio [Mr. CHABOT], a distinguished new strong bipartisan vote. That is why ‘Fire. Authorized to destroy;’ ’’ not to Member of the House. yesterday in the Senate, 74 Senators warn, not to try to seek under inter- (Mr. CHABOT asked and was given joined in favor of creating democracy national law to move them, but, even permission to revise and extend his re- in Cuba. That is why 294 Members of though they were not in Cuban air- marks.) this House last fall voted for it, with a space, no, to destroy. Mr. CHABOT. Mr. Speaker, I rise in third of the Democratic Caucus joining Thirty-three seconds later, the re- strong support of the conference report an overwhelming number of the Repub- sponse from the MiG 29 pilot was ‘‘We and the rule, and I commend the lead- lican Party because they understand took out his * * *’’ and I will not add ership shown by the chairman of the the realities. the expletive. ‘‘That one won’t mess committee, the gentleman from New Mr. Speaker, let me say that in fact around with us anymore.’’ Two and York [Mr. GILMAN], the chairman of when we hear about creating peaceful one-half minutes later another pilot the subcommittee, the gentleman from change, we are all for peaceful change. sighting the second Cessna said, ‘‘Give Indiana [Mr. BURTON], the gentleman That is our goal. But what has Castro’s me the authority.’’ He was responded, from Florida [Mr. DIAZ-BALART], the response been to peaceful efforts within ‘‘You are authorized to destroy it,’’ and gentlewoman from Florida [Ms. ROS- Cuba, like those of the Concilio it was destroyed. ‘‘Fatherland or death, LEHTINEN], and the gentleman from Cubano, a group of 120 organizations the other is down also.’’ These are the New Jersey [Mr. MENENDEZ]. who promote peaceful democratic transcripts that our U.S. Ambassador I also want to applaud President change in Cuba? Our Members go there to the United Nations presented to the Clinton for finally having voiced sup- and visit Cuba. They have a cigar with world. port for the Cuban Liberty and Domes- Fidel. They enjoy some time there. Mr. Speaker, the fact of the matter is tic Solidarity Act. It is unfortunate And as soon as they leave, these people this bill is bipartisan. It has the sup- that it took the cold-blooded murder of get arrested. port of the President. President Clin- unarmed American citizens to awaken What happened in the week preceding ton sent a letter to the Speaker of this the President to the harsh reality of the killing of the four American citi- House saying that he supports the bill, the morally reprehensible Castro re- zens? What happened? These people and urges all Members to vote on be- gime. who seek peaceful democratic change half of it. Fidel Castro is a thug, an inter- by Cubans in Cuba, not about some by- Mr. DIAZ-BALART. Mr. Speaker, I national outlaw. His 37-year reign has gone era that people like to allude to, yield myself such time as I may been noteworthy for its brutality and the response to their request which consume. its unrelenting resistance to individual they made to the regime for a national Just in the last century, Mr. Speak- liberty and freedom. The misery that meeting, what we enjoy here in the er, after the Cuban people were fight- has been suffered by the Cuban people United States, to simply sit down and ing almost 100 years for their freedom at the hands of Fidel Castro is one of say, ‘‘How do we move towards demo- from Spanish colonialism, it was the the world’s great tragedies. This legis- cratic change within Cuba,’’ what was United States that stood by their side lation will tighten the existing United the response? One hundred of them and helped them achieve freedom and States embargo against Cuba, and it were arrested and imprisoned. Dozens independence. History has a way of re- protects the rights of United States of others are under house arrest. peating itself. Now it is the American citizens and businesses whose property Women were strip-searched so they people through their Government, and has been confiscated unlawfully by the would be intimidated from participat- today speaking through their Congress Castro regime. It is a good bill and it is ing in the organization. That is the an- and the President, standing with the long overdue. I urge passage. swer to peaceful democratic change in Cuban people against the worst oppres- Mr. DIAZ-BALART. Mr. Speaker, I Cuba. sor in the history of this hemisphere. yield 5 minutes to my good friend, the For those who believe in some ro- So we think of the hundreds of politi- gentleman from New Jersey [Mr. manticism, that when the people go cal prisoners now imprisoned, the thou- MENENDEZ]. and say, Please, we want to move to- sands who have been killed, including Mr. MENENDEZ. Mr. Speaker, I wards democracy, Fidel is going to act the American citizens just a few days thank the distinguished gentleman the right way, they have seen it. For ago. We dedicate this legislation to from Florida for yielding time to me. those who keep saying that this is them. It is going to be a great sign of Mr. Speaker, I am happy that I got after the cold war, I agree, it is after solidarity with the Cuban people. I some time from the Republican side, the cold war, but nobody told Mr. Cas- would ask my colleagues to support the since I have been told today we cannot tro. rule and support the conference report. H 1736 CONGRESSIONAL RECORD — HOUSE March 6, 1996 The SPEAKER pro tempore. Without McHugh Portman Stearns A motion to reconsider was laid on McInnis Poshard Stenholm objection, the previous question is or- McIntosh Pryce Stockman the table. dered, on the resolution. McKeon Quinn Stump Mr. GILMAN. Mr. Speaker, pursuant There was no objection. McNulty Radanovich Stupak to House Resolution 370, I call up the The SPEAKER pro tempore. The Meehan Rahall Talent conference report on the bill (H.r. 927) Meek Ramstad Tanner question is on the resolution. Menendez Reed Tate to seek international sanctions against The question was taken; and the Metcalf Regula Tauzin the Castro government in Cuba, to plan Speaker pro tempore announced that Meyers Richardson Taylor (MS) for support of a transition government Mica Riggs Taylor (NC) leading to a democratically elected the ayes appeared to have it. Miller (FL) Rivers Tejeda Mr. DIAZ-BALART. Mr. Speaker, I Minge Roberts Thomas government in Cuba, and for other pur- object to the vote on the ground that a Moakley Roemer Thompson poses. quorum is not present and make the Molinari Rogers Thornberry The Clerk read the title of the bill. Mollohan Rohrabacher Thornton point of order that a quorum is not Montgomery Ros-Lehtinen Thurman The SPEAKER pro tempore (Mr. present. Moorhead Rose Tiahrt EWING). Pursuant to House Resolution The Sergeant at Arms will notify ab- Morella Roth Torkildsen 370, the conference report is considered Murtha Roukema Torricelli as having been read. sent Members. Myers Royce Traficant The vote was taken by electronic de- Myrick Salmon Upton (For conference report and state- vice, and there were—yeas 347, nays 67, Neal Sanford Volkmer ment, see proceedings of the House of not voting 17, as follows: Nethercutt Sawyer Vucanovich Monday, March 4, 1996, page H1645.) Neumann Saxton Walker [Roll No. 46] Ney Scarborough Walsh The SPEAKER pro tempore. The gen- YEAS—347 Norwood Schaefer Wamp tleman from New York [Mr. GILMAN] Nussle Schiff Ward will be recognized for 30 minutes, and Ackerman Cubin Hastings (WA) Ortiz Seastrand Watts (OK) the gentleman from Indiana, [Mr. HAM- Allard Cunningham Hayworth Orton Sensenbrenner Weldon (FL) Andrews Danner Hefley Oxley Shadegg Weldon (PA) ILTON] will be recognized for 30 min- Armey Davis Hefner Packard Shaw Weller utes. Bachus de la Garza Heineman Pallone Shays White The Chair recognizes the gentleman Baesler Deal Herger Parker Shuster Whitfield from New York [Mr. GILMAN]. Baker (CA) DeLay Hilleary Pastor Skeen Wicker Baker (LA) Deutsch Hobson Paxon Skelton Williams Mr. GILMAN. Mr. Speaker, I yield Baldacci Diaz-Balart Hoekstra Payne (VA) Slaughter Wilson myself such time as I may consume. Ballenger Dickey Hoke Peterson (FL) Smith (MI) Wise (Mr. GILMAN asked and was given Barcia Dicks Holden Peterson (MN) Smith (NJ) Wolf Barr Dingell Horn Petri Smith (TX) Wynn permission to revise and extend his re- Barrett (NE) Dixon Hostettler Pickett Smith (WA) Young (AK) marks.) Barrett (WI) Doggett Houghton Pombo Solomon Young (FL) Mr. SKELTON. Mr. Speaker, will the Bartlett Dooley Hoyer Pomeroy Souder Zeliff gentleman yield? Barton Doolittle Hutchinson Porter Spratt Zimmer Bass Dornan Hyde Mr. GILMAN. I yield to the gen- Bateman Doyle Inglis NAYS—67 tleman from Missouri. Beilenson Dreier Istook Abercrombie Hinchey Roybal-Allard (Mr. SKELTON asked and was given Bentsen Duncan Jackson-Lee Becerra Jackson (IL) Rush permission to revise and extend his re- Bereuter Dunn (TX) Berman Johnston Sabo Bevill Edwards Jacobs Bonior Lewis (GA) Sanders marks.) Bilbray Ehlers Jefferson Boucher Lincoln Schroeder Mr. SKELTON. Mr. Speaker, I wish Bilirakis Ehrlich Johnson (CT) Clay Lofgren Schumer to associate myself with the position of Bishop Emerson Johnson (SD) Collins (IL) Lowey Scott Bliley Engel Johnson, E. B. Conyers Maloney Serrano the gentleman from New York in rela- Blute English Johnson, Sam DeFazio Markey Skaggs tion to this measure. Boehlert Ensign Jones DeLauro McDermott Stark Mr. Speaker, I strongly support this meas- Boehner Eshoo Kanjorski Dellums McHale Studds ure, and I compliment the committee and the Bonilla Everett Kaptur Evans McKinney Torres Bono Ewing Kasich Fattah Miller (CA) Towns sponsors on bringing it to this Chamber for a Borski Farr Kelly Flake Mink Velazquez vote. Brewster Fawell Kennedy (MA) Foglietta Moran Vento We all know what Castro has brought to the Browder Fazio Kennedy (RI) Frank (MA) Nadler Visclosky Brown (CA) Fields (LA) Kennelly Furse Oberstar Waters land of Cuba. This measure send a firm mes- Brown (FL) Fields (TX) Kildee Gejdenson Obey Watt (NC) sage that we, in this body, stand for freedom Brown (OH) Filner Kim Gibbons Olver Waxman and democracy in Cuba. There are so many Brownback Flanagan King Gonzalez Owens Woolsey violations of human rights and rules of de- Bryant (TN) Foley Kingston Hall (OH) Payne (NJ) Yates Bunn Forbes Kleczka Harman Pelosi cency inflicted on the Cuban people by Cas- Bunning Ford Klink Hilliard Rangel tro. Further, we abhor the tragedy he caused Burr Fowler Klug Burton Fox Knollenberg NOT VOTING—17 regarding the American airplanes just a few days ago. Buyer Franks (CT) Kolbe Archer Durbin Quillen Callahan Franks (NJ) LaHood Bryant (TX) Frelinghuysen Sisisky Let us Americans stand together, let us vote Calvert Frisa Lantos Chapman Hayes Spence for this bill and send an unequivocal message Camp Frost Largent Christensen Hunter Stokes that we stand for democracy and freedom for Campbell Funderburk Latham Collins (MI) LaFalce Waldholtz Canady Gallegly LaTourette Crane McCarthy the Cuban people. Cardin Ganske Laughlin Mr. GILMAN. Mr. Speaker, I urge my Castle Gekas Lazio b 1334 colleagues to join me in supporting the Chabot Gephardt Leach Chambliss Geren Levin The Clerk announced the following conference report Cuban Liberty and Chenoweth Gilchrest Lewis (CA) pair: Democratic Solidarity [LIBERTAD] Chrysler Gillmor Lewis (KY) On this vote: Act of 1996. Clayton Gilman Lightfoot Clement Goodlatte Linder Ms. McCarthy for, with Mrs. Collins of Illi- This legislation advocates a respon- Clinger Goodling Lipinski nois against. sible course to encourage and support Clyburn Gordon Livingston Mr. FLAKE, Mr. SCHUMER, and Mrs. genuine, fundamental reforms in Cuba. Coble Goss LoBiondo And, in the interim, it helps protect Coburn Graham Longley MALONEY changed their vote from Coleman Green Lucas ‘‘yea’’ to ‘‘nay.’’ the property of U.S. citizens until they Collins (GA) Greenwood Luther Mrs. CLAYTON, Ms. EDDIE BER- can reclaim it under a democratic gov- Combest Gunderson Manton NICE JOHNSON of Texas, Mr. ernment. Condit Gutierrez Manzullo Cooley Gutknecht Martinez CLYBURN, and Mr. FIELDS of Louisi- Mr. BURTON has worked with a strong Costello Hall (TX) Martini ana changed their vote from ‘‘nay’’ to bipartisan coalition. With the help of Cox Hamilton Mascara ‘‘yea.’’ Ms. ROS-LEHTINEN, Mr. DIAZ-BALART, Coyne Hancock Matsui So the resolution was agreed to. Mr. MENENDEZ, and Mr. TORRICELLI, he Cramer Hansen McCollum Crapo Hastert McCrery The result of the vote was announced has fashioned a sound piece of legisla- Cremeans Hastings (FL) McDade as above recorded. tion. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1737 Recently, President Clinton ex- unanimously adopted a Presidential State- Mr. CAMPBELL. Mr. Speaker, we pressed his full support for this bill, ment strongly deploring Cuba’s actions. We must have an effective policy to re- which he has described as ‘‘a strong, bi- will seek further condemnation by the inter- spond to what Fidel Castro did to four partisan response that tightens the national community in the days and weeks American citizens—killing them in ahead. In addition, the United States is tak- economic embargo against the Cuban ing a number of unilateral measures to ob- international airspace—in contraven- regime and permits us to continue to tain justice from the Cuban government, as tion of international law. That is the promote democratic change in Cuba.’’ well as its agreement to abide by inter- first and most important point I have Mr. Speaker, allow me to address sev- national law in the future. to share with my colleagues today. eral of the concerns raised by the few As part of these measures, I asked my Ad- In order to have an effective policy, remaining critics of this legislation. ministration to work vigorously with the we must have the support of our allies, First, the only companies that will Congress to set aside our remaining dif- and my objection to this bill is because run afoul of this new law are those that ferences and reach rapid agreement on the I am convinced it will alienate, instead Cuban Liberty and Democratic Solidarity are knowingly and intentionally traf- (LIBERTAD) Act. Last week, we achieved of bring together, our allies. It will di- ficking in the stolen property of U.S. that objective. The conference report is a vide, instead of uniting them, and the citizens. strong, bipartisan response that tightens the reason it will do that is because this International law and comity were economic embargo against the Cuban regime bill—in a manner unprecedented in not conceived to protect the corporate and permits us to continue to promote demo- American law—extends the scavengers who are profiting at the ex- cratic change in Cuba. extraterritorial reach of the United pense of the Cuban people, pilfering the I urge the Congress to pass the LIBERTAD States’s jurisdiction. bill in order to send Cuba a powerful message purloined assets of American citizens, that the United States will not tolerate fur- As we go around the world, and I and propping up a bandit regime. ther loss of American life. trust that all of my colleagues would To the extent that this act holds us Sincerely, agree with this, there are very few all to higher standards and defends uni- BILL CLINTON. countries where people say, ‘‘You know versally recognized property rights, we admire the American civil justice international law and the rules of the U.S. HOUSE OF REPRESENTATIVES, system. We would like to have class ac- corporate game are improved for the COMMITTEE ON WAYS AND MEANS, tions, plaintiffs’ attorneys’ fees, we better. Washington, DC, March 5, 1996. would like to have all of that system in Second, this act does much more Hon. NEWT GINGRICH, The Speaker, The Capitol, Washington, DC. place for our country.’’ And the reason than stiffen sanctions. It outlines a DEAR MR. SPEAKER: I am writing to you re- is that we have a rather extensive and reasonable course for normalizing rela- garding Section 102 of the Conference Report what most foreign countries consider tions with a democratic Cuba. And, it on H.R. 927, the Cuban Liberty and Demo- onerous rules in our civil justice sys- offers the Cuban people an early help- cratic Solidarity Act of 1996, in which the tem. ing hand in making a peaceful transi- Committee on Ways and Means has a juris- What this bill does is to extend for tion. dictional interest. the first time the right for a private When inevitable change comes to, I Specifically, Section 102 codifies existing citizen, not the Government of the Executive Orders and regulations on the am convinced that no country in the Cuban embargo. This provision falls within United States, but a private citizen to world will do more than ours to help this Committee’s jurisdiction over trade bring the full crushing weight of the the Cuban people—and they will know laws affecting imports and revenues. This American civil justice system, with that we never sold them out. provision was not included in the version of discovery, with delays, with attorneys’ Third, this legislation authorizes im- H.R. 927 that was passed by the House on fees to bear upon a private party of an- mediate United States support for September 21, 1995, but rather was added in other country. Cuban prodemocracy groups and for conference. Now, normally, other country’s citi- the immediate deployment of inter- In order to expedite the consideration of the conference report, I will not object to the zens and corporations follow the rule of national human rights observers and inclusion of Section 102. However, this is international law, which is very impor- election-monitors in Cuba. being done with the understanding that the tant for international commerce. And We simply ask our neighbors in this Committee will be treated without prejudice if you know the law of your own coun- hemisphere to hold Fidel Castro to the as to its jurisdictional prerogatives on such try and you know the law of the coun- same standards that they hold them- or similar provisions in the future, and it try where the investment is located, selves. should not be considered as precedent for you are all right. You will abide by My friends, the day unfettered consideration of matters of jurisdictional in- your own country’s law. You will abide human rights monitors are allowed to terest to the Committee on Ways and Means in the future. by the law of the country where your inspect Castro’s prisons will be one of Thank you for your consideration of this investment is. Castro’s last. matter. With warm personal regards, But in this bill today, a person who Let us not pass up this historic op- Sincerely, in good faith accepted title to property portunity to bring about a peaceful BILL ARCHER, under the laws of the nation where that change in Cuba. I urge my colleagues Chairman. property was located will have to to support this conference report on Mr. GILMAN. Mr. Speaker, I ask check not only the laws of that coun- H.R. 927. unanimous consent to yield the bal- try, his or her own laws, but the laws Mr. Speaker, I am including at this ance of my time to the gentleman from of the United States as well. And I note point in the RECORD the March 5, 1996, Indiana [Mr. BURTON], our able chair- particularly to my colleagues on the letter from President Clinton and the man of the Subcommittee on the West- majority that we do today what we March 5, 1996, letter from the distin- ern Hemisphere, and the principal generally abhor: We create a statutory guished chairman of the Committee on House sponsor of this measure, and right for a new legal action, and we Ways and Means, the gentleman from that he be permitted to manage the give attorneys’ fees only to the prevail- Texas [Mr. ARCHER], regarding this balance of the debate on this side. ing plaintiff. We do not give attorneys’ conference report. The SPEAKER pro tempore. Is there fees to the other side. And many of us, THE WHITE HOUSE, objection to the request of the gen- I am sure, have spoken about the bur- Washington, DC, March 5, 1996. tleman from New York? den of one-sided fee shifting, the abil- Hon. NEWT GINGRICH, There was no objection. ity to haul somebody into court, put Speaker of the House of Representatives, Wash- Mr. GILMAN. Mr. Speaker, I reserve them to a huge expense, and then say, ington, DC. the balance of my time. ‘‘If I am wrong, I am sorry. You are DEAR MR. SPEAKER: The Cuban regime’s Mr. HAMILTON. Mr. Speaker, I yield still stuck with your legal fees.’’ That decision on February 24 to shoot down two 5 minutes to the distinguished gen- U.S. civilian planes, causing the deaths of is in this bill, one-sided plaintiff-only tleman from California [Mr. CAMP- three American citizens and one U.S. resi- litigation, attorneys’ fees. BELL]. dent, demanded a firm, immediate response. b 1345 Beginning on Sunday, February 25, I or- (Mr. CAMPBELL asked and was dered a series of steps. As a result of U.S. ef- given permission to revise and extend Now, the problem is that this comes forts, the United Nations Security Council his remarks.) at a time when we need Canada, we H 1738 CONGRESSIONAL RECORD — HOUSE March 6, 1996 need Australia, we need Western Eu- when we say we will protect the prop- Now, in the first place, the bill limits rope. The only time sanctions have erty of American citizens that was sto- legal recourse in American courts to worked, economic effective sanctions len by a dictatorship, we are protecting people who had property in Cuba dur- have worked, is when we are joined by the rights of American citizens’ prop- ing the Batista dictatorship that was our allies. For over 30 years we have erty, and not the rights of other citi- valued over $50,000 in 1960. There were attempted to isolate Cuba, and our ef- zens from other countries. So this is not many Cubans who had property forts at economic sanctions have failed not an extraterritorial piece of legisla- worth more than $50,000 back in 1960 because they have been only ours and tion. before the revolution. You had to be a not engaged our allies. In title III of Now, the essence of what we are try- member of the Batista regime and in this bill, what we do is guarantee we ing to do is to shatter the arguments of good standing to do so. But what this will not have the support of our allies the opponents of this legislation, that does is to enable people who owned in any action that we intend to bring despite the fact that they supported large property to be able to settle out pressure upon the Castro regime. embargoes against South Africa and of court to get a large share, or at least What is most critical here is to unite Haiti, they now say that we should a significant share, of the profits of and to present to the Cuban Govern- have a policy of helping the regime these rum companies and tobacco firms ment, the Castro regime, a Europe, through trade and through investment currently operating in Cuba. They North America, a Latin America, and in Cuba. It is a double standard that know they are not going to shut down an Asia that say that we will no longer has been rejected by this Congress be- these plants. They don’t necessarily trade in your goods. Instead, what we fore and that is going to be rejected want to shut them down. They want to have is a direct affront to rules of again. It has been rejected by the ad- own them. They know it is cheaper for international law on jurisdiction. ministration as well. these Cuban operations to make an I repeat, there is no precedent for ex- The statement that is going to go out out-of-court settlement to comply with tending American law to investments today, a bipartisan statement, is that this new bill. In fact this bill specifi- made in another country pursuant to with regard to Cuba, just as in the 19th cally states that ‘‘a lawsuit may be laws of that country. Indeed, in 1964, century, the American people are brought and settled without the neces- the Supreme Court of the United standing with the Cuban people against sity of obtaining any license or permis- States ruled in Banco Nacional de Cuba oppression, and are not going to stand sion from any agency of the United versus Sabbatino that American courts with the oppressors of the Cuban peo- States.’’ could not inquire into the legality of ple. Those people will be free. They will That is what this is all about. What the expropriation acts of the Cuban remember who their friends were, and we are going to be doing is propping up Government when done in Cuba. they will remember who stood ignoring many of the people who created the en- Lastly, what we embark upon today them and using double standards in vironment which caused Castro to be has the most serious ramifications for this Congress, like our opponents time able to bring forth the revolution and our hope to infuse investment in East- and time again, despite even murders has enabled him to sustain that revolu- ern Europe. Think about it for a mo- of American citizens in international tion. ment. If today’s law becomes law, if waters continue. That is not what we want. We want title III stays in this law, then anyone I think it is shameful that people, to enact legislation that will help the who invests in Poland, the Czech Re- even after the murder of American citi- real people of Cuba, the butchers and public, or Slovakia, regimes that were zens, still find excuses for Castro, still the bakers and the candlestick makers formerly Communist, will have to find pretenses for Castro, and get up and all the laborers and farmers. The worry that at some point the United here and find excuse after excuse after people who were brutally exploited by States will call into question those in- excuse. the Batista regime. Those are the peo- vestments, because under the exact There is no more excuse for murder, ple we ought to help, and those people same pattern as this law, we extend that is no more excuse for that tyr- are excluded from this legislation. extraterritorially a right of action anny. It is time that the American peo- This legislation prevents the United against someone who traffics or profits ple show their unity, as they are going States President from effectively help- in property located in another regime, to today in this Congress. ing in a transition to democracy and even if it was legal at the time. Mr. MORAN. Mr. Speaker, I yield shuts out America’s values and its peo- I conclude with a plea: We must unite myself 2 minutes. ple from exposure to the Cuban people in opposition all countries that respect Mr. Speaker, from a political stand- and their thirst for the same principles civilized behavior. What happened over point, this makes compelling sense, but and values. the Strait of Florida was not civilized from a substantive foreign policy This is not good foreign policy. It behavior. This bill divides. It does not standpoint, it is nonsense. ought to be defeated on its merits. unite. I urge a no on this bill. Mr. Speaker, this is not the way we Mr. BURTON of Indiana. Mr. Speak- Mr. BURTON of Indiana. Mr. Speak- won the cold war. This is not the way er, I yield myself 15 seconds. er, I yield 2 minutes to the gentleman we tore down the Iron Curtain. We are Mr. Speaker, just to respond to my from Florida, Mr. LINCOLN DIAZ- going to be punishing the Cuban peo- colleague, I would say that the oppo- BALART, my distinguished colleague ple, when what we really want to do is nents of this bill asked for the $50,000 and great helper and supporter of this punish an antiquated despot. threshold. We granted it to you and to bill. But there are worse things about this the administration so we could keep a Mr. DIAZ-BALART. Mr. Speaker, it that need to be brought to light. In the flood of litigation from going into the is really a shame my erudite and Baltimore Sun last May, it was re- courts. So we did what you asked. Then learned legal scholar colleague, the ported that this bill was largely writ- you go to the well and say we are doing gentleman from California [Mr. CAMP- ten by Nick Gutierrez, who represents the wrong thing. We just tried to ac- BELL], is so incorrect in his interpreta- the sugar mill owners and the tobacco commodate you. tion of this legislation. First of all, and industry, and Mr. Ignacio Sanchez, who Mr. Speaker, I yield 2 minutes to the I heard him before the Committee on represents the Barcardi Rum Co. Their gentlewoman from Florida [Ms. ROS- Rules yesterday where he pointed out competitors operate in Cuba, specifi- LEHTINEN]. that there was unfair treatment of cally the British American Tobacco Co. Ms. ROS–LEHTINEN. Mr. Speaker, I some of the parties, I want to point out [BAT] and Perrot Ricard rum distill- thank the gentleman for yielding me that on page 35 in title III, the provi- ery. time and I thank him for all the help sions of title 28 of the United States What is going to happen here is we he has given to this cause for freedom Code and the Rules of Courts, they are not going to shut down these indus- for the Cuban people. apply under this section to the same tries. What is going to happen is these Mr. Speaker, as the previous speak- extent as those provisions with regard Cuban-American lawyers are going to ers have pointed out, those same allies to any other action. make settlements out of court so they who stood with us against undemo- The point I am trying to make is this can get equity participation in these cratic regimes in Haiti and South Afri- is not an extraterritorial law, and competitor firms. ca and Iraq and many other places have March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1739 decided to turn their backs on Cuba, destiny, and it has not worked for business, all you have done is taken preferring to gain a quick and easy dol- those who wanted to get the Cuban the leader of that country and wrapped lar from the repression against the peo- Government to throw out Fidel Castro him up in the Cuban flag once again as ple on the island. and hang him by his toenails. a nationalist hero. Why? Because you Thankfully, America, a land which Except that this time, Mr. Speaker, are pounding on that little island once has given a second chance to many peo- as has been stated on this floor, it goes again. ple like myself who escaped Com- further. It goes deeper. Now we are So where is the victory? There is no munist tyranny, will once again live up telling our allies that we have no re- victory. I stand here today more than to its reputation as the defender of spect for their own sovereignty. Not ever saying we are wrong. Instead of freedom and human rights in the only do we not have any respect for the doing this, what we should do is tomor- world. Cuban sovereignty, but now we are row begin to find a way to speak to the Mr. Speaker, this legislation going to tell Canada, Mexico, and ev- Cuban Government. And if not on all reasserts our commitment to the eryone else that they must behave the issues, then why not be fair? Cuban people that this Nation will not way we behave. b 1400 engage the Castro dictatorship eco- When the embargo was the simple nomically or politically. It recognizes embargo, as some people would like to When there was an immigration that such an unlawful regime deserves think it is, no one in the world sup- problem we spoke about immigration. our rejection, and it further empha- ported us. Now that it will try to in- Let us talk about air space now. Let us sizes our support for the Cuban people clude even our allies, we think that find out who is telling the truth. It by outlining a framework to assist a Canada and everyone will jump up and might save us from future tragedies. free and democratic transitional gov- say this is a great bill, and HELMS and Mr. BURTON of Indiana. Mr. Speak- ernment in my native homeland. BURTON were correct; they can save the er, I yield 1 minute to my distinguished Mr. Speaker, the Committee on world for democracy. colleague, the gentleman from Califor- International Relations recently had Well, our arrogance is such that we nia [Mr. DORNAN]. the opportunity to listen to some of do not care what some of our allies say, Mr. DORNAN. Mr. Speaker, this de- the relatives of the four murdered pi- especially those that used to be our en- bate would be interesting, and the gen- lots, innocent civilians who were bru- emies a few years ago. But it is inter- tleman who just spoke his remarks tally attacked and murdered by the esting to note that the Yeltsin govern- would have resonance if we were not Castro regime. They strongly support ment this morning, or last night, said dealing with a first degree murderer. In even tougher sanctions against the ty- you cannot do this, and we will con- 1974, at a seminar in Virginia, a former rant. This legislation will help reduce tinue to deal with Cuba regardless of ambassador, now long gone to heaven, the immoral investments by sending a what you say, because this is wrong. told me that Castro personally exe- clear message to these foreign inves- The part that no one wants to men- cuted in the parking lot of a movie the- tors: If you traffic in confiscated Amer- tion here, because it is very delicate, is ater with gunshots, himself pulling the ican property in Cuba, you will not be the fact that we are not reacting here trigger, the young man who had beaten able to do business as usual in the to the issue in general. We are reacting him for student union president in the United States. to the downing of two airplanes. And I late forties. I could not believe my Simply stated, those investors who have stood on this floor on various oc- ears. I checked it out with the State wish to invest in Cuba have to make a casions and said that that was an act Department, Library of Congress. It choice between becoming accomplices that we should all condemn. But our appears to be a fact. Again, he has to Castro’s dictatorship or participat- Government knew those planes were killed people in cold blooded murder. ing in the United States market. It is flying over on 25 different occasions, I am just back from Bosnia. I do not unfortunate that many of our allies and we did nothing. And our Govern- care what the Europeans do. They trad- have opposed this legislation, but to ment knew that the person who was ed with Haiphong while we were dying them I ask: How many more have to be heading that group flew without a li- for freedom in all of Southeast Asia. I harrassed, arrested or killed before you cense on a couple of occasions, includ- do not care what anybody does. Our stop helping the Cuban tyrant? Again, ing this last one, where they had to country has to do what is right, and to our allies: How many more have to turn back. Castro is a first degree murderer. If we give their lives to free their homeland We had removed that person’s license want to hand him a baseball bat like before you desist in engaging in com- because we confirmed that that group Dan Rather of CBS and an elite party merce and financing Castro’s com- flew over Cuba last July, buzzed the in Manhattan, then you are an acces- munist dictatorship? To our allies, join Capitol building, and dropped half a sory in encouraging this first degree with us in helping to establish freedom million leaflets. That is why we are murderer. He has ordered people beaten and democracy to the enslaved and op- here today. We are not here today and to death with baseball bats. pressed people of Cuba. the President is not on board because What an absurd debate. Mr. MORAN. Mr. Speaker, I yield 4 our desire to bring down the Castro Mr. MORAN. Mr. Speaker, I yield 4 minutes to the gentleman from New government has changed. We are here minutes to the gentleman from New York [Mr. SERRANO]. today because the Florida primaries York [Mr. RANGEL]. (Mr. SERRANO asked and was given are coming soon, and because people (Mr. RANGEL asked and was given permission to revise and extend his re- have to play up to that whole situa- permission to revise and extend his re- marks.) tion. marks.) Mr. SERRANO. Mr. Speaker, it is That is sad, Mr. Speaker. For these Mr. RANGEL. Mr. Speaker, I hate to very troubling when you come to the kinds of comments people like me take say this is a political piece of legisla- well and speak and have the full real- a lot of heat. But it has to be said, be- tion for fear of offending my friends, so ization that nothing you say will fi- cause the truth shall set everybody please look into the Federal Election nally sway the vote. This bill will pass free, and maybe we need to be free as Commission, and ignore all of these and the President will sign it, because much as other people in the Caribbean campaign contributions that are pour- the President has been advised that need to be free. ing in here to Members that have Miami has votes that he can pick up. I Tonight we will stand up and say we taken the position that now is the time will support him in New York, and he are tough. We will continue to deal to get the murderer through locking up has a lot of votes in New York. But he with China, but we are tough on Cuba. the people in Cuba. For those people has no votes in Miami, and that is the We will deal with Vietnam, but we will that are offended because someone sug- travesty of this situation. be tough on Cuba. We are going to gests that it might be political, let me What we have here is more of the meet with North Korea, but we are make it clear. The fact that the only same. It is more of a policy that has tough on Cuba. Democratic opponent I had in a pri- not worked. It has not worked for those If you really wanted to make a mary in the last 25 years, that 85 per- of us who feel that the Cubans should change in the Cuban Government from cent of his campaign funds came out of be left alone to determine their own afar, which I think it is none of our Miami, hey, that is not political, and I H 1740 CONGRESSIONAL RECORD — HOUSE March 6, 1996 challenge people who would even think After the Democratic victories in No- (Mr. GIBBONS asked and was given that. vember, come, can we not talk to- permission to revise and extend his re- But let us get down to the merits. We gether? marks.) are outraged at murder. The Speaker is Mr. BURTON of Indiana. Mr. Speak- Mr. GIBBONS. Mr. Speaker, I reluc- gone; he was here. What do we do about er, I yield 2 minutes to the gentleman tantly get up here and oppose most of it? Hold the people of Cuba American from New Jersey [Mr. TORRICELLI], my my Florida colleagues and people who I hostage and tell them that they have colleague who has done so much work think mean to be right but, unfortu- to fly over Cuba and put pamphlets in this area. nately, their solution is wrong. Let me down there in order to get Americans’ Mr. TORRICELLI. Mr. Speaker, I put it in some perspective. attention? Cut off food, cut off trade, want to thank my colleague, the gen- If my colleagues had come here 34 cut off relationships with the people in tleman from Indiana, Chairman BUR- years ago, as I was privileged to do, Cuba because we do not like the bum TON, for yielding me time on what and listened on this floor and in this that is running it? Are we in love with should be the proudest day of his con- well, my colleagues would have heard whoever runs China? As my colleagues gressional career. The gentleman has the same speeches made then as we do know, what are we going to do there; done great service to the United States now. Every day more than half of the 1- put an embargo on China, on North and to the people of Cuba by bringing minute speeches were devoted to Vietnam or North Korea? No. There are this legislation forward, and he has my trashing Castro and the Cuban Govern- no votes in the United States for those congratulations. ment, and in that same session of Con- people. My colleagues know it and I I never thought, however, Mr. Speak- gress we passed every looney law that know it. er, that I would hear a day when Mem- one can think of, and most of them are They sure got my President’s atten- bers of Congress would come to the still on the books. In fact, they are all tion; let us see what we can do now floor while the bodies of four Ameri- still on the books. with these Republican candidates. Let cans are still lost in the Straits of I tried to isolate Cuba and tried to us get it on their agenda, and let me Florida, having been murdered by Fidel bring down Castro through American congratulate the authors of this his- Castro, talking about consideration for law. I made those speeches, I voted for toric piece of legislation. I thought it Canadian investors, worrying about those laws, I have come to the conclu- was born dead. But the courage of four European corporations while there are sion that they were a mistake. Americans out of Miami has not only still hundreds of American corpora- What has happened is that we have given it new life, it has shattered rea- tions whose property was stolen from empowered Castro to make a villain son and common sense as relates to them and is being resold; consideration out of the United States, and by trade and foreign policy. for the Canadian investors, worrying villainizing us he has been able to ac- Let me say this. This is a done deal. about the Spanish companies, quire the political clout that he needs We cannot do anything about it. But do extraterritoriality. to keep the kind of control he has had me a favor. Tell our brave Cuban Amer- People are going to American courts in Cuba. We would have been far wiser icans in Miami do not risk any more under this bill, I would say to the gen- and much more successful had we not lives, mission accomplished, they were tleman from California [Mr. Campbell], isolated Cuba and the Cuban people, brave enough to take the gamble, they because the Cuban courts are unavail- and we continued to work with them, won, they won, the bill is here, no one able. If they could get their grievances to listen to them, to trade with them, challenges it, the President. Every- redressed in Cuban courts for the last and to have commerce with then. The thing that was bad about this bill, four 30 years, they would have gone there. tourism that we enjoyed with each murderers now have corrected it. Wow, They would have gone there. They can- other, the fruits and vegetables that is that a legislative history. not. So we are opening ours up. came from the island, all of those But if people are breaking our laws, Consideration for our European al- things; we would have been better off, breaking international law, flying over lies? If this were an island in the Medi- and the Cubans would have been better a country, and we would know it, and terranean, 35 years later, hundreds of off, and Castro would have long been we condone it, and we do not stop them people in jail, planes being shot down gone from power had we done that. from saving their own lives, that is off our coast, do my colleagues think This law, as well-intended as it is, is morally wrong. Are we saying that if we would be silent? As allies, we would not going to work. There is a good these pilots want to go off in a storm have been there demanding elections chance that it will boomerang on us. against their best interests that we and freedom and taking a stand. Now The mistakes we made, mistakes that cannot stop them? Let us hope that we are asked to have consideration for we made here in law, are copied over these courageous acts of these people our European allies. and over again, and this could hurt us who were shot out of the sky are not If America stands alone for freedom more than it will ever hurt Castro. mimicked by other people who believe in Cuba, for the rights of our own citi- Please vote no. we have to take it one step further. zens against the jails and the torture, Mr. BURTON of Indiana. Mr. Speak- Oh, I know there are some of my col- then America has never been in better er, I yield 1 minute to the gentleman leagues waiting for the invasion, and if company. from South Carolina [Mr. SANFORD]. we send that signal that we are ready This legislation is the final in a se- Mr. SANFORD. Mr. Speaker, during to go in like Haiti and we are ready to ries of acts in uniting this Congress on this discussion we have heard a lot of do whatever we can do, we may have 4 a bipartisan basis and making clear to debate, and the problem with that de- more pilots saying let us do it at least the people of Cuba there is no rec- bate is that it has been filled with between now and the general election. onciliation with Fidel Castro, there is Washington voices. If there is anything We made mistakes; we will make oth- no compromise, it is time to bring the that we have learned, it is that Wash- ers. dictatorship to a close, and we do this ington does not know best. So I think I am not nearly as concerned as I ap- as we did against South Africa with the missing ingredient in this discus- pear to be because this law is written apartheid, as we do today against sion is, what is it the Cuban people liv- so poorly we cannot even enforce it. Libya and Iraq, by using our economic ing in Cuba think? And in testimony They are not going to be angry with leverage. after testimony with the gentleman us, my colleague, the gentleman from Mr. Speaker, I am proud to be a co- from Indiana, Chairman BURTON, what California [Mr. CAMPBELL], not our al- sponsor of this bill. I congratulate by we have heard is that the people at lies. They are going to feel sorry for us. bipartisan colleagues and the President home in Cuba think that the way that No great Nation like ours can have the of the United States for offering his we solve this problem is not by sending arrogance to tell some other country signature, and to the gentleman from tourist dollars to prop up Fidel Castro, what they can do with their foreign Indiana [Mr. BURTON], on this good not by allowing investment dollars to trade. And the whole idea that this is day. go in and prop up Fidel Castro, but going to be something to bring down Mr. HAMILTON. Mr. Speaker, I yield rather by tightening the embargo. Castro is one that I do not think the 2 minutes to the distinguished gen- In this case I think we should listen authors believe. tleman from Florida [Mr. GIBBONS]. to those voices. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1741 Mr. HAMILTON. Mr. Speaker, I yield Mr. Speaker, some who are opposed Key West, FL, I am closer to Havana 2 minutes to the distinguished gen- to this legislation argue, against all than I am to Miami. I live about 40 tleman from California [Mr. MILLER]. evidence, that conciliation and ap- miles north of Miami. Mr. MILLER of California. Mr. peasement will liberalize the Castro re- This is not an esoteric philosophical Speaker, I thank the gentleman for gime, when 35 years of history has issue in south Florida. This truly is a yielding me time. proved exactly the opposite. The down- local issue, because we have a better Mr. Speaker, the Cuban Government ing of those airplanes shows that Fidel sense, I think, than most of this coun- committed a reprehensible and tragic Castro cares only about his power and try, unfortunately, of what is going on act when it decided to shoot down two only about the maintenance of his cor- in an evil empire 90 miles from our civilian airplanes flown by the Cuban- rupt regime. It was the pretext he was shore, an empire that really is in the American organization Brothers to the looking for to crack down on Concilio world’s Hall of Fame of atrocities Rescue last month. And I send my con- Cubano and other democratic organiza- today, not yesterday, not just killing dolences to the families of the victims. tions that were beginning to flower four Americans and planes, but tortur- The shootdown was a tragedy in so within Cuba. It was not the fault of the ing and killing the civilians that live many ways. It could and should have U.S. Government. It was not the fault in their own country. That is the em- been avoided. of the Americans who flew those pire that is 90 miles from our shore. The Cubans could have taken alter- planes. It was the fault of Fidel Castro, What does this bill do? This bill spe- nate steps. But they specifically had who insisted on perpetuating his dicta- cifically gives a legal right of action to warned the United States and Brothers torship. Americans whose property was taken that this would happen. The group and Mr. Speaker, I am pleased that the illegally. That is the substance of this the administration did not heed those President has agreed to sign this legis- bill. The thrust behind it is to prevent warnings. The United States failed to lation, but I am disappointed that he other people, other nationals in other prevent the group from continuing its has asked for the power to waive its countries, from investing in Cuba, to flights of fancy and I believe the group key provisions. I urge the President, do try to end the empire that exists deliberately ventured into hostile ter- not waive these provisions. The time today. The investments of Canadians, ritory to provoke a U.S. reaction. has come to be tough with Fidel Cas- of Spaniards, have not changed the em- The shootdown was a tragedy as well tro. We know appeasement does not pire, the evil empire in Cuba. It goes on because but for that tragic action this work. We know only firmness will. today with their investments. legislation would not have won the last Mr. HAMILTON. Mr. Speaker, I yield What we need to do is we need to strangle those investments. We need to support that it needed. And the legisla- 1 minute to the distinguished gentle- end those investments, and let the peo- tion is wrong. Instead, we should con- woman from Connecticut [Ms. ple of Cuba know that there is hope, tinue to open United States policy to- DELAURO]. that the dictatorship, that the Castro ward Cuba—for the benefit of Cuban- Ms. DELAURO. Mr. Speaker, I would Americans, for American businesses, like to know where the outrage of some dictatorship which is holding on by its fingernails is going to end, and that and for regional peace, and, yes, de- of my colleagues was when the United this Congress, the center of hope and mocracy. States supported the Khmer Rouge and democracy and freedom in the world, is But now Congress is poised to leap when the Khmer Rouge killed 1.2 mil- backward today as it considers the so- part of that effort. lion Cambodians. I guess the Cam- Mr. Speaker, I am sure that my col- called Cuban Liberty Act. bodians do not vote in large numbers in We should not do that. leagues in a short time will join me, this country. both Democrats and Republicans Mr. Speaker, this legislation was Mr. Speaker, I rise in opposition wrong before the shootdown happened throughout the country, in acknowl- today to this bill. I oppose this bill, edging that we want freedom in Cuba, and it remains wrong today. even though I know that it has support The shootdown has not provided a we want a free society, a free economy, in this Congress. I oppose this bill even single justification for a policy that a freedom of thought, a freedom of ac- though I strongly condemn the Castro even the administration that now em- tion that this bill will be part of creat- government’s brutal murder of civilian braces it had just recently denounced. ing. Americans in the Florida Straits. I op- It is extremely likely that America I can think of nothing that I am pose this bill even though I strongly will be cited for trade violations over prouder of as part of my legislative ca- support freedom and democracy for the this act. reer than to have been part of the And Fidel Castro, after having out- Cuban people. adoption, the drafting, and hopefully I oppose this bill because it is an un- lived over 35 years of U.S. embargo, now, very shortly, the passage of this workable solution to an intractable surely will not back down in his re- bill. problem. The legislation would clog maining years because of additional Mr. HAMILTON. Mr. Speaker, I yield our Nation’s courts with unenforceable embargoes. United States hostility to 2 minutes to the distinguished gentle- new claims against foreign govern- Cuba in fact has been his political sav- woman from New York [Ms. ments, companies, and individuals. It VELA´ ZQUEZ]. ior. ´ Do not listen to those who say that a creates a quagmire of inflexibility Ms. VELAZQUEZ. Mr. Speaker, I rise vote against this bill is a vote for Fidel which we will come to regret when today to express my strong opposition Castro. That is McCarthyism. needed change comes to Cuba. It would to the conference report, not just be- Denounce Cuba in the United Na- harm America’s important relation- cause this is the wrong bill, but it is tions, yes. But summon the courage to ships with our sister democracies the wrong bill at the wrong time. No vote against this bill. abroad. It sets a dangerous precedent one will deny that last week’s tragedy Vote against this bill because it is of rash action instead of reasoned and is truly regrettable, but I will urge my bad policy. Vote against this bill be- deliberate progress. colleagues to respond in a level-headed cause it violates international trade Let us not do serious damage to our manner, not with a reflex policy for the law and will be an international embar- own national interest in response to moment. rassment for the United States. Vote atrocities which we universally abhor Tightening a 35-year embargo will against this bill, my colleagues, be- and condemn. Vote against this con- only cause more pain to these innocent cause it is contrary to our best inter- ference report. people. Under the current embargo the ests. Mr. BURTON of Indiana. Mr. Speak- human cost has already been too high. er, I am happy to yield 2 minutes to my Cubans cannot even get basic neces- b 1415 colleague, the gentleman from Florida sities like food and medicine. How Mr. BURTON of Indiana. Mr. Speak- [Mr. DEUTSCH]. much more pain do we have to inflict er, I am happy to yield 1 minute to my Mr. DEUTSCH. Mr. Speaker, I rise in on these people before it is enough? colleague, the gentleman from New support of this bipartisan effort to After more than 3 decades, we should Jersey [Mr. ZIMMER]. change the direction of the dictator- be ready to admit that this embargo Mr. ZIMMER. Mr. Speaker, I thank ship in Cuba. My district represents has failed miserably. The Castro gov- my colleague for yielding time to me. the Florida Keys, and when I stand in ernment has survived the storm. The H 1742 CONGRESSIONAL RECORD — HOUSE March 6, 1996 average Cuban looks at Fidel as a hero, the families of those killed would be 121 Democrats who have joined with us and the United States Government as compensated. and the President in striking a blow for the enemy. Nobody wants a repeat of The downing of the planes was an in- democracy and striking a blow against last week, but today’s action will fur- excusable action by the Cuban authori- the Castro regime. I want to answer ther isolate and deprive the Cuban peo- ties, and I believe that President Clin- some of the issues. This question of ple, increasing tensions and setting the ton was right to initiate an immediate extraterritoriality, under the Cuban stage for another violent crisis. and direct response. Democracy Act everybody acknowl- As world leaders, we should extend a This is a very emotional situation edges that, and many people voted for peaceful hand and keep dialog between and the immediate reaction is to strike it in this House who oppose this today. our two countries open. It is time we back, but that is the wrong reaction. It The fact of the matter is that under live by our humanitarian ideals and is wrong to define our long-term rela- that act we heard all these issues from stop playing the bully. If we are serious tionship on the basis of this tragic inci- Canada and Mexico and everybody else, about democracy, then more dialog, dent. Passage of the Helms-Burton bill that in fact this was extraterritorial. not an embargo, is the answer. is a shortsighted, irrational response to What is the relationship today? We en- Mr. Speaker, we must not allow heat- this international incident. tered into the most significant trade ed passion to blind us. This bill leads This legislation will not topple Cas- agreement with Canada and Mexico, us down the same wrong path we have tro, this legislation will only tie the and they are trading with us, and so followed for 3 decades. I urge my col- hands of President Clinton and in- much, I think, for the comment. leagues to vote ‘‘no’’ on this conference crease the pain and suffering of the This is not about trade. Someone report. We must learn to look before Cuban people. said this is about trade. No, this is we legislate. In my opinion, this legislation not about trafficking intentionally in ille- Mr. BURTON of Indiana. Mr. Speak- only violates international law, it pun- gally confiscated properties of U.S. er, I am very happy to yield 1 minute ishes our international allies by at- citizens and U.S. companies. Canadians to our colleague, the gentleman from tempting to force them to comply with are arguing for their citizens and their interests and their rights. I am coming Rhode Island [Mr. KENNEDY], who has our 34-year-old embargo. An embargo been a big help on this bill. that has not worked. This legislation here to argue for American citizens and Mr. KENNEDY of Rhode Island. Mr. will allow Cuban-Americans to use American businesses and their rights. I Speaker, I would like to take a little United States courts to sue foreign am not going to get up here and start exception with talk that has been companies who invest in properties arguing for other countries. The fact of the matter is that if you heard around here a lot about ‘‘let us that were confiscated by the Castro know that that property was not le- not act in heated passion.’’ Why should government. While emotionally justifi- gally yours, and you are willing to buy we not react in heated passion when able, it infringes upon our allies’ sov- it even though you know it was stolen human rights abuses are being seen in ereignty, and possibly violates our from somebody else, you are in receipt Cuba, 90 miles off our shore? Why trade agreements. of stolen property. If you want to do Helms-Burton would limit the au- should we not react in passion when that, fine, then take the risk. And we Fidel Castro knowingly gives the mili- thority of the President to alter or lift do this prospectively, so you know that tary orders for two civilian aircraft parts of the embargo—even for strict you are going to have to continue to with American citizens on board to be humanitarian purposes—by Executive traffic in the property or purchase shot down over international waters? decree. The Executive orders which properties in the future. I am passionate about that, and I am make up our policy on Cuba become Title III has a suspension authority passionate about human rights abuse frozen into law. If the President sought for the President of all the hobgoblins in Cuba. A lot of people have said that to ease restrictions on Cuba in re- we have heard about come to reality. the embargo that was first instituted sponse to democratic changes, he The President, in his letter to all of us, by President Kennedy has not worked. would only be able to do so with con- said, he asked the administration to There is a good explanation for that. gressional approval. work vigorously with the Congress to The Soviet Union used to subsidize We all know that the Cuban economy set aside our remaining differences and Castro’s regime for the last 30-odd is suffering. Cuba is forced to pay a reach rapid agreement on the Libertad years. That is no longer the case. That premium for importing staple foods for Act. Last week we achieved that objec- is why Fidel Castro is looking for for- its people. Medicines are in short sup- tive. The conference report is ‘‘* * * a eign investment to help prop up his ply, causing health care delivery to strong bipartisan response that dictatorial regime and further oppress crumble. Is this what we really want tightens the economic embargo against the people. Make no mistake about it, for the Cuban people? Is this how our the Cuban regime and permits us to the reason why this bill is so important democracy should operate? continue to promote democratic right now is because he needs foreign Engaging Cuba, increasing dialog, change in Cuba.’’ investment now more than he did be- and pressuring for increased human Last, let me just say that if Members fore. rights and democratic reform is the are proud of China’s record of prison Mr. Speaker, I ask my colleagues to best way to genuinely democratize camps, slave labor, dissident jailings, support this bill. It is bipartisan. The Cuba and improve relations with one of 20 years later after our relationships President supported it. I am in strong our closest neighbors. and our investments, if they are proud support of this bill. Passage of Helms-Burton will only of the Canadian and Mexican and Span- Mr. HAMILTON. Mr. Speaker, I yield deepen the rift between our two coun- ish investments in Cuba over the last 11⁄2 minutes to the distinguished gen- tries and cause further suffering of the several years that have produced no de- tleman from Washington [Mr. very people we are trying to help. mocracy, that have produced greater MCDERMOTT]. Mr. BURTON of Indiana. Mr. Speak- repression, and that have kept the re- (Mr. MCDERMOTT asked and was er, I yield 3 minutes to my colleague, gime afloat, then they should vote given permission to revise and extend the gentleman from New Jersey [Mr. against the bill. his remarks.) MENENDEZ], who has been a tremendous But if in fact what Members want to Mr. MCDERMOTT. Mr. Speaker, on help on this bill. do is what I believe the overwhelming Sunday, February 25, most of us picked (Mr. MENENDEZ asked and was Members of this House already by the up our morning paper to read that two given permission to revise and extend rule vote and in past votes want to do, planes, piloted by Cuban-Americans, his remarks.) to strike a blow for democracy and had been shot down near Cuba. This un- Mr. MENENDEZ. Mr. Speaker, I strike, in fact, a blow on behalf of the fortunate incident was appropriately thank the distinguished chairman of Cuban people and against the Castro denounced by both President Clinton the subcommittee, and congratulate regime, they will be voting with us on and the U.N. Security Council. him on his bill, which I have helped co- this bill. In addition to this initial response, author. Mr. HAMILTON. Mr. Speaker, I yield the President quickly imposed several Mr. Speaker, let me thank my 347 fel- 1 minute to gentleman from California restrictions on Cuba and ensured that low Members of this House, including [Mr. BECERRA]. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1743 Mr. BECERRA. Mr. Speaker, I thank sues when we had the embargo against a fellow who defeated him in a college the gentleman for yielding time to me. South Africa, they took a different po- race for student body president, and Mr. Speaker, first let us all agree sition. There is no consistency in their Castro shot him to death. That is the that what happened a week ago that arguments. kind of guy we are talking about. He is took the lives of several Americans was When Castro took power, Cuba had a horrible human being, one that regrettable and should not have hap- the highest standard of living in Latin should not be in power, especially not pened, but it is always bad policy when America. Today it is the lowest, not for 35 years. you try to achieve political ends because of the United States embargo, Two years ago, on the high seas, he through economic means, especially because for the past 35 years they have had his Cuban Navy pull up alongside a when they are indirect economic been propped up by the Soviet Union, tugboat with people on it who were means. but because of Castro’s Communist fleeing to freedom. Women were hold- The actual three and one-half-dec- government control policies that do ing their babies above their heads, and ade-old embargo against Cuba is a per- not work. He is the one that has been he ordered his Navy to wash them off fect example of why we cannot achieve hurting the Cuban people, not the the decks with power hoses. The that through an economic embargo. United States and not the embargo, be- women took the babies, the children, The Castro government remains, and cause the embargo had no teeth in it into the hold of the tugboat, and Cas- the only people who have been hurt are until 3 years ago. tro brought his navy ship alongside. the people of Cuba, the women and Somebody said that the OAS was not They directed the hoses into the hold children of Cuba. What we are doing with us on this. The fact of the matter and they sunk that ship, that tugboat, through this bill is using our economic is Castro has been excommunicated and killed those women and children might to bully our international allies from the Organization of American like rats. and friends to do what we think is best, States because of his actions, because This is the kind of government you even though the entire international of his exporting of revolution. guys want to do business with, and my community has spoken against this My colleagues have said, you know, colleagues’ answer is, well, the way to type of embargo. we are going to penalize people who in- work with Castro is to open up trade vest in Cuba and have invested in Cuba. b 1430 and do business with him, that will This is a prospective bill. People who solve the problem. Really? Do you real- Indeed, even Canada, our northern have already bought confiscated U.S. ly believe that? We have opened up neighbor, our great friend, has said it property will not be penalized unless trade with Communist China. It has will take us to international court to they buy more American property. So not changed the Communist regime say that this is a means, a barrier if they have already got property down over there. We have opened up trade against free trade throughout the there, they are not going to fall under with Communist Vietnam. That has world. This is not the way to do things. this bill. not changed anything. Let us address what happened last But people who buy confiscated And here we are, 90 miles from our week in the taking of several American American property in the future are border they are shooting down planes lives, but let us not try to mix the going to be penalized because there with innocent Americans in them, in things up that we have here today and will be a cause of action in U.S. courts international air space, and we are sup- say that because some people died, re- unless suspended by the President. posed to say we are going to solve this grettably, that now we should institute And, No. 2, anybody that traffics in problem by doing business with him. a policy that will ultimately take the confiscated U.S. property will not be Baloney. The way you deal with Fidel lives of many people in a country able to get a visa to come to the United Castro, since he is on his last legs, is do called Cuba though politically we may States. not let him have the hard dollars that disagree with what is going on with the They know full well, the Canadians, he needs to stay in power, and that is government. This is not the way to do the Spanish and everybody else, they what this bill does. it. We should focus where we should. know that this bill takes effect on the This bill will force him from power, I Let us not create bad policy because a date of enactment, and if they buy really believe that, in the next 2 or 3 bad situation occurred. property that is taken away from years, and then the people of Cuba will Mr. BURTON of Indiana. Mr. Speak- Americans, stolen from Americans by have freedom, democracy, and human er, I yield myself such time as I may Fidel Castro, they know what they are rights because there is going to be consume. getting into. So I have no sympathy for about $3 or $4 billion invested very Mr. Speaker, the reason I waited those people who want to buy con- quickly, and they will have the free- until near the end of the debate to take fiscated, stolen American property to dom that they wanted all these years. my time is because, as is always the give Castro the hard currency that he Get out of here, Castro. We want you case, there is a lot of misinformation needs to stay in power. gone. We want freedom, democracy, that takes place in this debate and I Now, a lot of my colleagues say, you and human rights throughout this wanted to make sure I clarified these know, we ought to do business with hemisphere, and you are the last hold- arguments. this guy, especially since Boris Yeltsin out. First of all, a lot of my colleagues says we should. Well, Russia and the Mr. Speaker, I reserve the balance of have said we are going to hurt the peo- Soviet Union have been supporting my time. ple of Cuba. When Castro has a foreign Castro all along, so that does not sur- Mr. HAMILTON. Mr. Speaker, I yield investor invest in Cuba, the money prise me, but the facts of the matter 1 minute to the distinguished gen- that is paid by the employees of that are these: Castro has exported com- tleman from California [Mr. CAMP- firm goes to Castro. Let us say that munist revolution in Africa, in Central BELL]. they get $400 a month. Castro gets the America, in South Africa where Che Mr. CAMPBELL. Mr. Speaker, when- $400 a month and then he pays them in Guevara was killed. He has exported ever an economic sanction has worked the local currency, $400 of that local communism wherever he could. He is a in our history, whether it be South Af- currency. But the exchange rate is 700 committed revolutionary and he still rica, Haiti, Iraq, or even worked in to 1, which means the average Cuban is believes. part, it is because our allies have making less than $5 a month. That Castro has killed innocent agreed with it. What we do today alien- We cannot hurt those poor people human beings. He has put thousands ates our allies at a time when we need much worse than Castro has hurt them. and thousands of people in his Com- them most. The embargo is not going to hurt the munist gulags. If you want to know It is not out of any concern for inves- Cuban people. Castro has murdered the how they are treated, read Armando tors in Canada or investors in Spain Cuban people economically, and lit- Valderas’ book ‘‘Against All Hope’’ and that I rise in opposition to title III of erally in many cases. it will tell you very clearly how he this bill. It is precisely because I want And I would like to say to my col- treats people who disagree with him. to put pressure on Fidel Castro’s Cuba. leagues who opposed the embargo, My colleague, the gentleman from But I know that the only way to put ef- when we talked about these same is- California [Mr. DORNAN], talked about fective pressure, whether it be a sugar H 1744 CONGRESSIONAL RECORD — HOUSE March 6, 1996 embargo, a tobacco embargo, limited so important, if it is the heart of the to Cuba and Castro is gone, there are sanctions or a total quarantine, is bill, then why just give it away with a provisions in the bill for the United when we have our trading partners and waiver to the President of the United States to help aid in the transition to our allies with us. States? democracy. So we are not going to be Today, for the first time in the his- Incidentally, that title III defends on the sidelines, Mr. Hamilton. We are tory of American jurisprudence, we are only the interests of the rich, only the going to be in there helping the Cuban applying a law not to goods that come fellow who has a very large claim. The people. into our country, not to acts that hap- poor small claim holder is not going to Mr. Speaker, I yield such time as he pen within our country, but to goods get any remedy from this bill. This bill may consume to the gentleman from and acts that are outside of our coun- is going to shore up Castro, not bring California [Mr. TORRES]. try. However great our outrage, that is him down. It enables him to do what he (Mr. TORRES asked and was given not American jurisprudence. That is has done so effectively for 30 years, and permission to revise and extend his re- extraterritoriality. It drives our allies that is to fan the flames of national- marks.) away at a time we need them most. ism, to put all of the blame for the Mr. TORRES. Mr. Speaker, I rise to oppose Mr. HAMILTON. Mr. Speaker, I yield mess he has made of Cuba onto the the conference report on H.R. 927. myself the balance of my time. United States, so it plays into his I am grateful to my colleague, the gen- Mr. Speaker, I rise in opposition to hands. tleman from Indiana [Mr. BURTON] for this op- the conference report. I think there We ought to be targeting our policy portunity to explain why the passage of H.R. should be no doubt that after the rep- not at Castro and what is bad for Cas- 927 would be, in my opinion, not only a grave rehensible actions by Mr. Castro and tro. The policy of the United States policy mistake by this body, but, would set in the regime, there is no disagreement should be aimed at what is good for the motion actions which would deliberately inflict among us here. We condemn that. Cuban people. This bill, this conference upon the Cuban people suffering and depriva- The difference here is the best way to report, puts us at odds with all of our tion. Yes, we all deplore the incident of the respond and how best to bring an end friends and allies, and it deeply offends downing of Americans flying provocative flights to his regime. We knew that Fidel Cas- them. The conference report departs over Cuban airspace but, they were warned tro was a reprehensible thug 3 weeks from the proven and sound U.S. poli- countless times to desist. This legislation will ago. We knew that he was 30 years ago. cies that we have used in other areas of not correct that situation. There is no change in that. He remains the world. At worst, this legislation is a cruel attempt so today, but his recent actions should Mr. Speaker, let me conclude, the by Members in both bodiesÐwho are still not change how we define or pursue the conference report is going to increase fighting the cold warÐto provoke civil disorder U.S. national interest. the isolation of Cuba and its people. It in Cuba. Today we need to send a wake-up I think this bill that is before us is a is going to skew U.S. policy from the call to those cold warriors in our midstÐthe huge mistake, and I believe that for present course of promoting peaceful cold war has ended. We wonÐremember. several reasons. First of all, as a mat- change. It is going to put the United What threat does the Government of Cuba ter of policy, it picks isolation over en- States on the sidelines when this tran- present to the territory or people of the United gagement. By increasing Cuba’s isola- sition is underway in Cuba. It creates States which would justify unleashing further tion and by squeezing the Cuban peo- an unprecedented right for those who pain and suffering and, I would warn, possible ple, the conference report risks a vio- had property confiscated in Cuba to sue bloodshed, among the people of Cuba. lent upheaval in Cuba and increases in United States courts. It hands Cas- The United States is the only world super- the risk of a massive flow of refugees. tro a deck of nationalist cards that he power. Our military might dwarfs that of the I understand that now is not the time will play with consummate skill, and it combined armies and navies of Europe and to lift the embargo. Bad deeds should contravenes U.S. international com- certainly of the Americas. We maintain an not be rewarded. But ultimately the mitments and antagonizes our closest armed, military presence, on the Island of engagement of the Cuban people in allies and trading partners. CubaÐhow many of you appreciate this re- trade and contacts with Cuba will open This conference report is a mistake. ality. the door to a free Cuba. I say to my It is a huge mistake for this country to This country maintains an armed, military friend on the other side of the aisle make because it locks in the President base on Cuba's southern coast. The United that the most distinguished foreign of the United States in the conduct of States controls 45 square miles of southern policy spokesman of the Republican American policy towards Cuba. I urge a Cuba, including a harbor, naval docking and Party in the last generation was Presi- vote against it. ship repair facilities ordinance, supplies and dent Richard Nixon, and he believed Mr. BROWN of Indiana. Mr. Speaker, administrative facilitiesÐwe even have two that the isolation policy of the Cuban I yield myself 1 minute. water distillation plants. people was the wrong policy. Mr. Speaker, Castro is in trouble. He This U.S. military base includes both a I also believe that this conference re- just rounded up the human rights ac- naval and an air station. Over allÐthe United port is going to tie the hands of the tivists and the people who oppose him. States military has a base right inside of Cuba President in knots. I understand that He put hundreds of them in prison just which is three-quarter the total land area of he accepts this bill but I think that is recently. the District of Columbia. One of the stated a mistake. The conference report re- My colleague said that there is no military missions for our base in Cuba is to stricts the ability of the United States guts in this bill except for title III. serve as beachhead in case the United States to respond to changing conditions in Title IV prohibits people who traffic in decides to invade the Island. Cuba. The transition from a Com- confiscated American property from It costs the American taxpayer over $45 mil- munist government to a free govern- getting visas to come to the United lion a year to maintain this military base. Now, ment is not going to be easy. We have States of America, so they are going to it looks to me like the military threat is re- learned that time and time again. have to choose: Do they want to do versedÐit appears to me that this Island pre- What this bill does is, it freezes us out business with Castro or the United sents no military or strategic threat to the terri- of the action at the very time that we States? I believe they are going to tory of the United States. want to be engaged, when we want to want to do business with the United Why then are we considering legislation influence events in Cuba. States. That is going to dry up hard which appears to some to be designed to With regard to title III, the gen- currency for Castro. make economic and social conditions in Cuba tleman from California [Mr. CAMPBELL] You folk on that side of the aisle, the so difficult for the average citizens, that these has explained that very well, but let people who oppose this bill, wanted difficulties would create civic disorder, which me just make this observation. My that $50,000 limit to make sure that we would then provoke the Castro government to friends who are proponents of this bill would not have the courts flooded with take measures against its population, which have said over and over again, title III litigation. The fact of the matter is, will result in increased violence and disorder is the heart of the bill. But you know you asked for it, you got it, now you on the Island, which will be used as a pretext what they did? They gave it away. are complaining about it. for US military intervention. They gave away title III with the waiv- And, finally, when there is a transi- At best, this legislation will have no effect er to the President. If in fact title III is tion, when democracy starts to come upon the Cuban Government's hold on power, March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1745 but will reveal to the international community those corporations and individuals who cur- parts of the world and somehow magi- the mindset of United States elected officialsÐ rently occupy and profit from those properties; cally appearing, bearded, in uniform, who are so trapped, by old ways of thinking Corporate executives who purchase con- and prepared to talk about baseball, and by false pride, that they would act against fiscated U.S. properties will have their visas to just a wonderfully pleasant, interesting a foreign government which poses no threat or the United States revoked. Foreign business person standing in the church pulpit, danger to the national security of the United executives who invest in Cuba after the pas- and, oh, by the way, forget the prisons, States of America. sage of this legislation will be subject to the forget the secret police, forget the tor- b 1445 same punitive action; and ture, forget the murders, forget the To encourage democratic change, humani- dictatorship, forget the poverty, forget Mr. BURTON of Indiana. Mr. Speak- tarian and military transition assistance will be the willingness to take on anyone and er, I yield 30 seconds to my colleague, provide to a future Cuban Government that is drive them out of Cuba, because after the gentlewoman from Florida [Mrs. committed to democracy. all he is such an interesting, char- MEEK]. Mr. Speaker, just as we helped the people ismatic figure. And so, for the last cou- (Mrs. MEEK of Florida asked and was of South Africa, and the people of Haiti, we ple years, life has gotten harder be- given permission to revise and extend must help the people of Cuba in the time of cause with the fall of the Berlin Wall, her remarks.) their greatest need. with the collapse of the Soviet Empire, Mrs. MEEK of Florida. Mr. Speaker, I Castro is desperately clinging to power. He the subsidies are gone. The money is am one of the cosponsors of the Helms- must be cut off, not thrown a lifetime. I believe not there. The military protection is Burton bill, and I have every strong ra- that the Cuban Liberty and Democratic Soli- not there. tionale to do so. I know what the darity Act will greatly hasten the fall of Fidel Suddenly, the Castro dictatorship Cuban people have experienced. I have Castro's dictatorship. was beginning to weaken. And now seen them from 1960 to 1961. And Mr. Speaker, I look forward to the Fidel had a new line. He said to the Mr. Speaker, I rise in strong support of the timeÐin the near futureÐwhen I can greetÐ younger Cuban bureaucracy, ‘‘Stick conference agreement on the Libertad billÐ here in this CapitolÐthe democratically elect- with me. I will manipulate the Ameri- the Cuban Liberty and Democratic Solidarity ed President of a free Cuba, as I have the cans. I will manage the transition. I ActÐwhich will tighten the embargo against democratically elected Presidents of a free will manipulate the European Union. I Castro and his barbaric regime. South Africa and a free Haiti. will find the money. And in the end I I am an original cosponsor of this bill, and I strongly urge my colleagues to support this am still going to be here.’’ And sadly, I am pleased that President Clinton will sign it bill. from the Clinton administration and into law when it reaches his desk. Mr. BURTON of Indiana. Mr. Speak- from others, there were signals that From time to time, we are called upon to er, I yield the balance of my time to maybe Fidel could pull it off. There take strong action against evil in the world. the distinguished Speaker, the gen- were signals that maybe America was We took strong action against apartheid in tleman from Georgia [Mr. GINGRICH]. going to cave. South Africa. We took strong action against a Mr. GINGRICH. Mr. Speaker, I thank Business leaders went down to Cuba murderous dictatorship in Haiti. Today, Mr. my friend, the gentleman from Indiana, and began to praise the great opportu- Speaker, we have the opportunity to take for yielding to me. nities the dictatorship offered. Oh, you strong and decisive action against the evil of I am delighted to have a chance to might have to build that hotel near a Fidel Castro. share with the House some thoughts on prison camp, but what the heck, there By now, every American knows of the mur- the conference report on H.R. 927, will be profits. We began do have Mem- derous attack by Cuban Mig fighters only 11 which I really see as a freedom con- bers of Congress go down, because after days ago. Two U.S. civilian aircraft were de- tract with the Cuban people. all, the dictatorship was getting a stroyed, and four U.S. citizens were killed in I found it interesting that the very more human face. this unjustified and unwarranted terrorist attack distinguished ranking member of the against unarmed civilians. Those who studied knew it was not committee, the gentleman from Indi- true. Chairman BURTON knew it was Brothers to the Rescue is a peaceful, hu- ana [Mr. HAMILTON], did not seem to manitarian group responsible for saving over not true. The gentlewoman from Flor- think this bill would be effective. I ida [Ms. ROS-LEHTINEN] knew it was 6,000 lives. It is perfectly in character that would just want to start by quoting Castro chose to viciously attack the members not true. The gentleman from Florida from a letter from President Clinton, [Mr. DIAZ-BALART] knew it was not of this caring, dedicated group. who said, But in Miami, FL, which I represent in Con- true. People across America who stud- The conference report is a strong biparti- ied Cuba said, ‘‘Wait a second, this is gress, this senseless, brutal attack is the latest san response that tightens the economic em- in a long list of murders, firing squads, the same dictatorship, these are the bargo against the Cuban regime and permits same lies, these are the same false imprisonments, harassments, human rights us to continue to promote democratic abuses, and political oppression perpetrated change in Cuba. I urge the Congress to pass promises.’’ And for a long time the by Castro against the Cuban people. the Libertad bill in order to send Cuba a Clinton administration opposed this Many of my constituents know Castro's ruth- powerful message that the United States will bill. lessness first hand. Many fled from Castro's not tolerate further loss of American life. And then a tragedy occurred, a trag- prisons. Many of my constituents still have rel- I am delighted that the President is edy that was unnecessary, a tragedy ativesÐmothers and fathers, brothers and sis- now supporting this. But I must say that should have been avoided, a trag- ters, nephews and cousinsÐwho must endure even more decisive than the tragedy of edy which I believe strong representa- the daily hardship and oppression of this cruel the last few weeks has been a commit- tion from our State Department might regime. ment which the gentleman from Indi- well have avoided by saying to the Cas- Is there any wonder why so many people ana [Mr. BURTON] led as chairman of tro dictatorship, ‘‘We will not tolerate were willing to leave everything they ever the subcommittee, a commitment your shooting down innocent civilian worked for and everything they ever owned to which the gentlewoman from Florida aircraft. It violates every international come to this countryÐjust for the chance to [Ms. ROS-LEHTINEN] led, a commitment rule.’’ live in freedom and raise their children without which the gentleman from Florida [Mr. The United Nations had what I fear. DIAZ-BALART] led and others in both thought was a pathetically weak re- The Cuban Liberty and Democratic Solidar- the House and Senate, that said for a sponse. They did not condemn. They ity Act will put new international pressure on long time, we are committed to free- did not censure. They deeply deplored. the Castro regime. Under its provisions: dom for Cuba. Kill a few people, we deeply deplore it. The embargo against Cuba will be enacted Let me remind my colleagues of the Well, the U.S. Congress is doing into law. Up until now, the embargo has been game that has been played. No dictator something vastly beyond deplore. This enforced via an Executive order and subject to on the planet has been better than bill says no one in Cuba and no one in change by every new administration; Fidel Castro at managing to create a the rest of the world should expect this The owners of illegally confiscated prop- sense that somehow he will always sur- embargo to be lifted until there is de- erties in Cuba will be allowed to pursue legal vive no matter what. No one has been mocracy in Cuba. There is no future for action in United States District Court against better than Fidel at playing off various the Castro dictatorship. There are no H 1746 CONGRESSIONAL RECORD — HOUSE March 6, 1996 deals. There is no special business in- tion, and together we will establish the cial gains from these settlements. The possi- vestment. There is no loophole. There right to be free once again in our bility that a few could be enriched by this bill, is no sweetheart agreement. neighbor to the south. even as the people of Cuba suffer from the This also says the Congress will be I urge every Member, the President current embargo, concerns me even more. involved unless the President certifies urges a ‘‘yes’’ vote, we urge a ‘‘yes’’ In any event, I cannot support legislation that the transition to a democratic re- vote, the Cuban people want a ‘‘yes’’ which, at the very least, threatens the future of gime is under way in a measurable, vote, and I think the future of freedom our trading relationships, hurts our own eco- real way. It says one other; maybe it is demands a ‘‘yes’’ vote. nomic security, and does nothing to alleviate shocking to some of our friends; it says Mr. FARR of California. Mr. Speaker, I rise the suffering of the Cuban people. Let us pur- if Castro has confiscated the property today to speak in strong opposition to H.R. sue a policy of more openness and greater of Americans, we are going to defend 927, the Cuban Liberty Act. This legislation engagement with Cuba, not less, if we truly the property right of Americans, and, would, in the name of ending the rule of Cas- wish to bring about greater change and help yes, if you come from Canada or you tro, cause even greater harm to the Cuban the people of Cuba. come from France or you come from people and jeopardize our relations with many Mr. DEUTSCH. Mr. Speaker, I am proud to some other country and you have pur- of our important allies. be standing in front of this body as we get chased the confiscated property of As were all Americans, I was outraged by ready to vote on the Helms-Burton bill. This Americans, we are going to take steps the February 24 shootdown of two American piece of legislation will send a clear message to protect American citizens against Cessnas near Cuba. Simply put, there is no to Castro and other petty dictators around the those who would exploit what a dicta- excuse for sending two MiG fighters against world that America will not stand for political torship has done to hurt Americans. unarmed passenger planes. persecution. We will not put our heads in the Maybe some of our friends think it is H.R. 927, however, is the wrong way to re- sand while this tyrant, only 90 miles from our too much for the American Govern- spond. The bill would not have prevented the shores, oppresses his own innocent citizens. ment to protect Americans. Maybe tragic events of 2 weeks ago, nor would it sig- It is a tragedy that it took the recent shoot- some people think the Cuban market is nificantly improve upon the additional sanc- ing down of two unarmed, civilian humani- so huge and so profitable that you tions already taken by the President as a re- tarian planes by Cuban fighters to help bring ought to cut yourself off from the sult of the attack. the Helms-Burton bill to the floor. Fidel Castro American market to make sure you We should not forget that we already im- has been committing atrocities against the can trade in Havana. Well, I am per- pose a comprehensive travel and trade em- Cuban people for decades and these recent fectly happy to have companies make bargo against Cuba. Virtually no exports are repugnant acts only serve to confirm a conclu- that decision. If a European company permitted to Cuba, and travel is strictly limited. sion that we already know. Castro will never or a Canadian company wants to say, And American businesses are prohibited from change. He still has political prisoners, includ- we will prove our commitment to conducting virtually any economic activity in ing women and children, languishing in his Fidel, we are going to ship our goods to Cuba. jails. He still murders his own people as they Havana, and that means we are not Economic indicators have shown that the attempt to flee political persecution. He still is going to be in the United States mar- embargo has had a dramatic effect on the planning to construct a nuclear power plant ket, I somehow think somewhere on Cuban economy. Sadly, however, virtually all that can only be considered a humanitarian the planet there will be a competitor of the suffering has been felt by the Cuban disaster. There can be no compromise. Castro willing to come to America or there people. They have faced serious food short- is an absolute dictator that needs to be taken will be an American company willing ages, as well as a lack of needed medicine down absolutely. to provide the goods and service, and and medical supplies, threatening their health The Helms-Burton bill will force Castro from we will survive. and welfare. power and put an end to these acts of oppres- It is perfectly fair for us to say to the Presumably because this embargo has not sion. It will strangle Castro by cutting off a world we are going to defend Ameri- let to a change in Cuba's leadershipÐeven large segment of foreign investment that is cans, we are going to defend American though it has hurt the people of CubaÐCon- currently propping up his regime. Some of my property rights, we are going to oppose gress has decided to take the embargo even colleagues feel that lessening our grip on the Castro dictatorship. further: to try to prevent any country from trad- Cuba would be the best way to help the And it is even more important, and I ing with Cuba. Specifically, provisions in this Cuban people. I passionately disagree. Cas- want to close this because I think it is bill would permit Cuban-Americans to sue for- tro's acts over the last several weeks only vital to understand, we have a history eign companies if they use, or profit from, con- proves the urgent necessity for this bill and that goes back 98 years from this year, fiscated property from Cuba. the need to strengthen our resolve against this a history that said just about this This provision has been strongly opposed rogue dictator, rather than weaken it. Mr. Cas- point a century ago, as the Spanish by many of our important trading allies, includ- tro, we will not compromise on this issue. The continued to oppress Cuba and the ing Canada, Great Britain, France, and Mex- U.S. Congress will not lower our support to Cuban people were in a long and bloody ico. They rightly see this as a violation of inter- ending the Castro regime. We will fight to the and terrible insurrection, just about national law, and a violation of their sov- end to free the noose that currently surrounds literally 100 years ago, people began to ereigntyÐan attempt by one country to force the Cuban people, I urge my colleagues to stand in this well and talk about our their foreign policy on another. join with me in voting in support of Helms-Bur- obligation to help the Cuban people lib- Mr. Speaker, is it worth risking our relation- ton, in support of freedom and democracy. erate themselves from Spain. ship with our allies to try to strangle Cuba Mr. BERMAN. I rise to oppose this bill. I do Fidel Castro has been a tragic detour even further? I don't think so. this reluctantly. There is much in this legisla- on what was a long period of the natu- If these provisions actually succeed in cut- tion that I support and have supported in the ral friendship between the American ting off additional investment in Cuba, it past. people, who have sympathized and sup- seems unlikely that the results will benefit the I am not, for example, opposed to codifying ported the Cuban people, and we are Cuban people. Our embargo has already hurt the embargo on Cuba. There is no doubt that prepared to say in this House, with our Cuba's economy severely, yet has only Castro is a dictator and murderer whose rule vote this afternoon, just as you wanted caused more pain for the Cuban people with should be vigorously resisted. Cuba to be free of the dictatorship of no change in Cuba's leadership. Given the re- Nor am I opposed to the extraterritorial na- Spain, we want the Cuban people to be sults of this policy to date, expanding the em- ture of this legislation although I wish such free of the dictatorship of Fidel, and we bargo even more would seem unwise and in- unilateral American action was not necessary. are by this act and by this law commit- effective, if not downright cruel. I would greatly welcome international coopera- ting ourselves to a freedom contract Interestingly, some have suggested that the tion in dealing with the world's dictators as with the people of Cuba and we are say- provision will have no effect on foreign invest- well as with other threats to international sta- ing to every young Cuban leader in ment in Cuba. Why? Because the bill allows bility. Cuba and every younger Cuban bureau- individuals to settle their cases against foreign However, I must vote against this bill. When crat, your future is not with Fidel and companies out of court. Thus, foreign compa- this bill was marked up in the International Re- decay. Your future is with freedom and nies could still invest in Cuba. However, those lations Committee, I introduced an amendment prosperity. If you will simply help us, few Cuban-Americans who held large amounts which carved out an exception for some pen- we will work with you for the transi- of property in Cuba could realize large finan- alties for certain activities. My amendment was March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1747 accepted by all sidesÐincluding proponents of those from third countries, who knowingly traf- in the world, Castro continues to rule with an this legislation, but then, unfortunately, it was fic in property that was owned by a U.S. na- iron fist. dropped in conference. tional and was confiscated by the Cuban Gov- The conference report on H.R. 927 is de- I do not understand why my amendment ernment. Although a provision was included signed to force Castro from power by tighten- was dropped. It was not contrary to the intent permitting the President to delay implementa- ing economic sanctions on the Cuban Govern- of the sponsors of this legislation. tion of this provision for unlimited 6-month pe- ment. I commend President Clinton for ex- My amendment retained due process pro- riods, in its September 1995 statement of ad- pressing his strong support for this tough leg- tection already contained in the Trading With ministration policy, the administration stated islation. the Enemy Act [TWEA] and kept exceptions that this title should be deleted. ``Applying U.S. It is time to stop negotiating with Castro. It for news gathering, research, and clearly de- law extra-territorially in this fashion would cre- is time to force him from power. There can be fined educational, religious, and human rights ate friction with our allies, be difficult to defend no just totalitarian state. The only cure for activities. under international law, and would create a communism and totalitarianism is freedom and In 1992, when we passed similar legislation, precedent that would increase litigation risks democracy. The Cuban people deserve no we added substantial civil penalties to Treas- for U.S. companies abroad.'' This provision less. Specifically, the measure would codify the ury's enforcement arsenal to prevent a surge which the administration considered seriously existing United States trade embargo against of business or tourist travel to Cuba. objectionable is still a part of this conference We all agreed and continue to agree that Cuba while increasing the protection for the report. rights of United States nationals whose prop- trips to acquire a winter suntan or make a In fact, an article in the Washington Post on erty has been illegally confiscated in Cuba. quick buck should be discouraged. March 3, 1996, suggests that this provision, However, we wanted to make sure of a cou- Furthermore, the bill directs the President to which would allow Cuban-Americans to sue encourage foreign countries to restrict trade ple of things before we broadened Treasury's foreign companies in U.S. Federal courts, cre- authority to punish such travelers. First, we with Cuba and to work for an international em- ates a massive loophole that would permit the bargo against the Cuban Government. ensured that due process protection was given wealthiest Cuban-Americans to profit from set- Castro's reign of terror and suppression in to individuals or firms, including an agency tling lawsuits brought under this section. The Cuba is nearing an end. His ruthless Com- hearing and we also ensured that there would article explains how these settlements may munist regime is on life support. Let us pull be a couple of categories of travel that would occur without the need to obtain any license the plug by passing this legislation. be off limits to civil fines. or permission from the U.S. Government. Mr. MARTINI. Mr. Speaker, I rise today to We agreed that visits by journalists, re- I would also like to reiterate once again, as support the conference report to H.R. 927, the searchers, human rights, and religious organi- I have so often in the past, that we have no Cuban Liberty and Democratic Solidarity Act zationsÐvisits in other words whose legal ten- moral grounds that would allow us to single of 1995. We must stand tough on Castro. der was information, not hard currencyÐwere out Cuba for this trade embargo. We continue His recent reprehensible act is a testament in our national interest, since they undermined to have trade relations with North Vietnam, to his madness. On February 25, 1996, he rather than buttressed the Castro regime. China, and North Korea, countries with politi- gave orders to shoot down two Cessna planes Now this bill omits all exceptions to civil cal systems different than ours. operated by the American humanitarian group, penalties in the Trading With the Enemy Act The current United States policy toward Brothers to the Rescue. His orders were suc- and removes the administrative due process Cuba does not have the support of the world cessfully carried out and four Americans were provision we wrote into the TWEA, undermin- community. The majority of our allies do not killed. These men could not have defended ing the fairness and credibility of civil sanc- believe the trade embargo is an effective or themselves against a hostile aggressor even if tions. wise vehicle for dealing with Cuba, and tight- they had wanted to. Castro's ignoble action I believe the Government should err on the ening the embargo will only further damage was as pathetic as it was wrong. This sense- side of liberally interpreting American's right to our relationships with our allies. Specifically, less act of violence must be condemned in the travel abroad, particularly when it serves our permitting suits against foreign companies that strongest possible terms. The Cuban Liberty national interests. This legislation does not invest in Cuba will infringe on the sovereignty and Solidarity Act is in fact a condemnation of serve those interests and therefore I cannot of other countries, and interfere with their the Castro regime. support this bill. trade decisions. We must call on the President to organize Mr. SERRANO. Mr. Speaker, today we will Finally, and most importantly, any tightening an international embargo on Cuba and we be taking a final vote on the conference report of the embargo will increase the suffering of must tighten our current embargo. This bill for the so-called Cuban Liberty and Demo- the Cuban people. We all recognize that a ter- also protects the rights of U.S. citizens and cratic Solidarity Act. Unfortunately, our consid- rible tragedy in the shooting of the Brothers to businesses by allowing them to sue parties eration of this legislation is occurring after the the Rescue aircraft has occurred, but we need who knowingly and intentionally traffic in con- tragic shooting down of the two Brothers to to move forward in developing a constructive fiscated U.S. property. We cannot allow Cas- the Rescue aircraft. Although the content of relationship with Cuba. Passage of this con- tro to infringe on the rights of U.S. citizens, or this legislation and this recent tragedy should ference report will move our country's foreign on the rights of his own people. The most heartwrenching example of his not be linked, we are today creating a false policy even further in the wrong direction. We control is the state of affairs of the people of linkage between the two. This prevents us should instead vote against this bill and begin Cuba. Their aspirations and cries for freedom from carefully weighing the negative impact the process of building a peaceful and produc- and democracy remain unacknowledged and that passage of this legislation will have on tive relationship with Cuba. our foreign policy and on the Cuban peopleÐ as follows, unanswered. Mr. MANTON. Mr. Speaker, I rise in strong Cuba's liberalization is an impossibility with who will only suffer more with the tightening of support for the conference report on H.R. 927, Castro controlling the reins. He is a despot the economic embargo. Passage of this legis- the Cuban Liberty and Democratic Solidarity with little to do but punish men and women lation today is not the correct response to this Act. who have tenaciously championed the cause tragedy. Mr. Speaker, on February 24 Castro or- for freedom through vigilant, assertive, non- The United States should not permit the dered the downing of unarmed aircraft flying violent actions. Not only has he killed four reckless acts of private citizens to dictate our over international waters, murdering all those American citizens but in the process he has foreign policy. Earlier concerns expressed by aboard, including three United States citizens also ignored the will of his people. The people this administration should not be ignored sim- who were committed to promoting peace and of Cuba do not possess the means to hold ply because this tragedy occurred. The Helms- freedom in Cuba. This blatant violation of Castro responsible for his actions, so we must Burton legislation is an extreme bill that con- international law and wanton disregard for do what they cannot. We must hold Castro ac- tinues and strengthens diplomatic policies that human life only reaffirms that Castro will stop countable for his actions. have never been successful. The existing at nothing to cling to power and suppress free- Mr. ACKERMAN. Mr. Speaker, I rise in Cuban embargo has failed to cause any dom in Cuba. strong support of the conference report to ac- change in Cuba's government. Passage of All across Eastern Europe, we have wit- company H.R. 927, the Cuban Liberty and even stricter sanctions against Cuba will not nessed the dramatic collapse of communism. Democratic Solidarity Act. move Cuba any further toward a change in The seeds of democracy are taking hold, and The shooting down of unarmed U.S. civilian government. a people long oppressed by totalitarian rule aircraft over the Florida Straits is the heinous This conference report retains the troubling are awakening to the promise of freedom and and unforgivable act of a rouge regime that ig- provisions that make liable for damages in self-determination. Yet just 90 miles from the nores international law. Such wanton dis- U.S. courts individuals or companies, including shores of the greatest and oldest democracy regard for human life cannot go unanswered. H 1748 CONGRESSIONAL RECORD — HOUSE March 6, 1996

Today, Congress is responding in the form respect for their views, particularly BOB these extremists by the President and con- of the Cuban Liberty and Democratic Solidarity MENENDEZ, LINCOLN DIAZ-BALART, AND ILEANA gressional leaders. I urge my colleagues to re- Act. The bill sends a clear signal to Cuba by ROS-LEHTINEN. ject it, though I know they will not. strengthening the United States embargo of Accordingly, my decision to vote ``no'' is a This bill will do nothing to encourage Cuba's Cuba, authorizing assistance for democratic difficult one given the support to have always transition to democracy. In fact, the opposite elements within Cuba, directing the President given President Clinton and the Cuban-Amer- will be the case. By continuing and tightening to prepare to support a transition to demo- ican community. the fruitless embargo against Cuba, we are cratic government in Cuba, and increasing Mr. KIM. Mr. Speaker, I rise today in strong strengthening the Castro regime's only re- protection for the rights of United States na- support of the conference report to H.R. 927, maining claim to legitimacy. The losers are the tionals whose property has been illegally con- the Cuban Liberty and Democratic Solidarity Cuban people. The winners are Castro and fiscated in Cuba. [Libertad] Act of 1995. The recent shoot down his henchmenÐwho will remain in power not Mr. Speaker, some have raised objections of two unarmed civilian planes by Cuban Air only in spite of but because of the embargoÐ that this bill will impinge on our allies' ability to Force MiG's clearly underscores the continued and United States politicians eager to pander trade with Cuba and that it will only strengthen hostile focus of the Castro dictatorship and the to the Cuban exile vote in Florida. Fidel Castro's ability to retain power. I do not need for stronger pressure to bring it down. The contrast between United States policy believe that we should reward the murderer of Castro's irresponsible and unnecessary viola- toward Cuba and our Government's stance to- four American citizens by relaxing the current tions of international law must be dealt with in ward the brutal and geriatric communist lead- embargo. We should, and we will, strengthen the strongest terms possible. H.R. 927 does ers of China is stark. Despite China's well- the embargo and strangle the Castro regime. just that. documented human rights abuses, its unfair Mr. Speaker, I urge my colleagues to sup- As a strong supporter of former-President trade practices and its policy of exporting dan- port H.R. 927 and strike a blow for the free- Reagan's foreign policy creedÐ``peace gerous arms to terrorist regimes around the dom of Cuba. through strength''ÐI am constantly surprised world, this Congress and the President insist Mr. FUNDERBURK. Mr. Speaker, there can by the lack of vision this administration has in on giving China favored nation trade status. be no compromise in dealing with Fidel Cas- the foreign policy arena and how frequently Chinese belligerence and intransigence is not tro. We must make sure that the Helms-Burton American military and civilian lives are put in only tolerated by our Government, but re- Cuban liberty bill passes as soon as possible harm's way. The concessions given to North warded. Yet the impoverished nation of Cuba so we can tighten the embargo on Cuba. We Korea in the agreed framework and the ill-ad- is deemed to be such a threat to our shores can have no sympathy for those who would be vised involvement of United States forces in that the most punitive sanctions are justified. Haiti and Bosnia are just a few of the exam- inconvenienced because they choose to make This bill is hypocrisy and pandering at its ples of foreign policy decisions with which I a profit over conscience. We must penalize worst. It should be rejected. those who would traffic in stolen American have serious concerns. This is not peace Mr. COYNE. Mr. Speaker, I rise today in op- property. If the Helms-Burton Cuban liberty bill through strengthÐit's danger through ap- position to the Cuban Liberty and Democratic is a violation of NAFTA as claimed by the Ca- peasement. The administration's recent kow- Solidarity Act. nadian Foreign Minister, maybe it is time for towing to Cuba and the resulting aggression I strongly condemn Cuba and Castro's rep- the United States to withdraw from that and by Castro's military further underscores my rehensible and inexcusable actions in shooting any other organization that prevents the Unit- concern about this administration's lack of di- down two unarmed American civilian aircraft ed States from pursuing its national interests. rection. Mr. Speaker, we must demand the Castro's Ironically, since the beginning of his term in recently. This was an unacceptable act that no Cuba abide by international law that stipulates office, President Clinton has attempted to civilized nation can condone. It was a clear that a national air space be set at 12 miles. weaken the U.S. embargo on Fidel Castro's and blatant violation of international law. Our We must not allow Castro's armed thugs to Communist government. This dramatic shift in hearts go out to the families and friends of the grossly expand their national air space to the policy has turned on its head the longstanding victims of this tragedy. 24th parallel. We must make the Castro re- efforts of six previous, bipartisan administra- Nevertheless, while I abhor Cuba's action, I gime realize that any attack on civilian aircraft tion policies of standing firm against the 36- oppose this bill because I believe that enact- outside Cuba's 12 mile borders would be met year old dictatorship in Cuba. H.R. 927 re- ment of the Cuban Liberty and Democratic with military force. To make this point clear, sponsibly reverses President Clinton's ill-ad- Solidarity Act is not in the United States's na- we should start by flying combat air patrols vised appeasement policy by codifying the ex- tional interest, and that our national interest well south of the 24th parallel. Maybe we can isting embargo against Cuba. It also strength- and our efforts to promote democracy and teach Castro's armed thugs the same lesson ens efforts to achieve international sanctions, human rights in Cuba must take precedence that we taught Kadafi a few years back. provides assistance to democratic opposition over our anger and revulsion at this cowardly Mr. RICHARDSON. Mr. Speaker, after much and human rights groups and protects U.S. in- act. consideration, I find that I must vote against terests in illegally confiscated property. By The Cuban Liberty and Democratic Solidar- this bill. My decision is based primarily on my passing H.R. 927, Congress ensures that the ity Act of 1995 is intended to increase the eco- belief that this is an intrusion on the Presi- United States continues the longstanding nomic pressure on Cuba in the belief that ad- dent's prerogative to conduct foreign policy. ``peace through strength'' approach in dealing ditional hardships imposed on the Cuban peo- This bill restricts Presidential authority and with the Castro dictatorship. This policy has ple will produce additional dissatisfaction with flexibility by codifying the embargo into law. proved the most reliable when facing such the Castro regime and accelerate its downfall. The Helms-Burton conference report contains rogue regimes. It is for these reasons that I The problem with this reasoning is that in a provision requiring the President to seek ap- strongly support H.R. 927 and commend many ways it plays into Castro's hands by al- proval of both the House and Senate before President Clinton for finally recognizing the im- lowing him to blame the Cuban people's suf- changing any aspect of the current embargo. portance of this legislation. I am only sorry fering on foreign enemiesÐnamely, the United This is an unacceptable infringement on Presi- that it took the lives of four innocent civilians States. Sanctions like these provide Castro dential authority. to do so. with a convenient scapegoat for the failings of Further, this bill will interfere with the prin- Mr. DEFAZIO. Mr. Speaker, I certainly de- his unsustainable regime. ciples of free trade, exemplified by the North plore the Cuban Government's decision to The best way to replace Castro's dictator- American Free Trade Agreement, an issue shoot down unarmed civilian aircraft. It was ship with a democratic form of self-govern- dear to my heart. Canada, Mexico, and Carib- unconscionable and outrageous. However, our ment and a market economy is though en- bean nations have already expressed their Government bears some blame for failing to gagement, not isolation. The United States concerns for this infringement of their sov- fulfill its obligation to keep U.S. civilian aircraft should be engaging the Cuban people. This ereignty. from conducting harassing raids into foreign legislation will alienate them. It will shore up I must convey however, that I did strongly airspace from U.S. soil. But that's not the Castro by allowing him to fan the flames of consider voting for this bill as a sign of protest issue here. The issue is what kind of policy Cuban nationalism against the United States. against the downing of the two Hermanos al will bring Cuba into the fold of democratic na- I believe that the most effective tool for foster- Rescate planes. That was an indefensible act, tions. ing democracy and human rights and eco- and I feel sadness for the people who were In this case, United States foreign policy nomic development in Cuba is exposure of the killed and their families. In addition, this is an has been hijacked by a small population of citizens of Cuba to free democratic societies. emotional, and enormously important issue for right-wing Cuban exiles in Miami. The bill be- I urge my colleagues to reconsider this action my Cuban-American friends, and I have deep fore us represents a complete surrender to and vote no on the conference report. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1749 The SPEAKER pro tempore (Mr. Mascara Poshard Stenholm PERSONAL EXPLANATION Matsui Pryce Stockman WING E ). Without objection, the pre- McCollum Quillen Stump Mrs. CLAYTON. Mr. Speaker, during vious question is ordered. McCrery Quinn Stupak rollcall vote No. 47 on H.R. 927 I was There was no objection. McDade Radanovich Talent unavoidably detained. Had I been The SPEAKER pro tempore. The McHugh Rahall Tanner McInnis Ramstad Tate present, I would have voted ‘‘no.’’ question is on the conference report. McIntosh Regula Tauzin f The question was taken; and the McKeon Riggs Taylor (MS) Speaker pro tempore announced that McNulty Rivers Taylor (NC) PERSONAL EXPLANATION the ayes appeared to have it. Meehan Roberts Tejeda Meek Roemer Thomas Mrs. COLLINS of Illinois. Mr. Speaker, this Mr. BURTON of Indiana. Mr. Speak- Menendez Rogers Thompson afternoon, March 6, 1996, I was unavoidably er, I object to the vote on the ground Metcalf Rohrabacher Thornberry absent for rollcall vote 47, on final passage of that a quorum is not present and make Meyers Ros-Lehtinen Thornton Mica Rose Thurman H.R. 927, the Cuban Liberty Act conference the point of order that a quorum is not Miller (FL) Roth Tiahrt report, because I had to go to my ophthalmol- present. Molinari Roukema Torkildsen ogist for an emergency procedure. The SPEAKER pro tempore. Evi- Mollohan Royce Torricelli Montgomery Salmon Traficant Had I been present, I would have voted dently a quorum is not present. Moorhead Sanford Upton ``no.'' The Sergeant at Arms will notify ab- Murtha Saxton Visclosky sent Members. Myers Scarborough Volkmer f Myrick Schaefer Vucanovich The vote was taken by electronic de- Neal Schiff Waldholtz b 1515 vice, and there were—yeas 336, nays 86, Nethercutt Schumer Walker answered ‘‘present’’ 1, not voting 9, as Neumann Scott Walsh GENERAL LEAVE follows: Ney Seastrand Wamp Norwood Sensenbrenner Ward Mr. HAYWORTH. Mr. Speaker, I ask [Roll No. 47] Nussle Shadegg Watts (OK) unanimous consent that all Members YEAS—336 Ortiz Shaw Weldon (FL) may have 5 legislative days within Orton Shays Weldon (PA) which to revise and extend their re- Ackerman Cubin Hansen Oxley Shuster Weller Allard Cunningham Hastert Packard Sisisky White marks and to include extraneous mate- Andrews Danner Hastings (FL) Pallone Skeen Whitfield rial on the conference report just Archer Davis Hastings (WA) Parker Skelton Wicker adopted. Armey de la Garza Hayes Paxon Smith (MI) Wilson Bachus Deal Hayworth Peterson (FL) Smith (NJ) Wise The SPEAKER pro tempore (Mr. Baesler DeLay Hefley Peterson (MN) Smith (TX) Wolf EWING). Is there objection to the re- Baker (CA) Deutsch Hefner Petri Smith (WA) Young (AK) quest of the gentleman from Arizona? Baker (LA) Diaz-Balart Heineman Pickett Solomon Young (FL) There was no objection. Baldacci Dickey Herger Pombo Souder Zeliff Ballenger Dicks Hilleary Pomeroy Spence Zimmer f Barcia Dingell Hilliard Porter Spratt Barr Doggett Hobson Portman Stearns REPORT ON RESOLUTION PROVID- Barrett (NE) Doolittle Hoekstra Bartlett Dornan Hoke NAYS—86 ING SPECIAL AUTHORITIES TO Barton Doyle Holden Abercrombie Harman Pastor COMMITTEE ON GOVERNMENT Bass Dreier Horn Barrett (WI) Hinchey Payne (NJ) REFORM AND OVERSIGHT TO OB- Bateman Duncan Hoyer Becerra Hostettler Payne (VA) Bentsen TAIN TESTIMONY ON THE WHITE Dunn Hunter Beilenson Houghton Pelosi Bereuter HOUSE TRAVEL OFFICE MATTER Durbin Hutchinson Berman Jackson (IL) Rangel Bevill Edwards Hyde Bonior Johnson (CT) Reed Bilbray Mrs. WALDHOLTZ, from the Com- Ehlers Inglis Boucher Johnson, E. B. Richardson Bilirakis mittee on Rules, submitted a privi- Ehrlich Istook Brown (CA) Johnston Roybal-Allard Bishop Emerson Jackson-Lee Campbell Kennedy (MA) Rush leged report (Rept. No. 104–472) on the Bliley Engel (TX) Clay Kleczka Sabo resolution (H. Res. 369) to provide to Blute English Jacobs Conyers LaFalce Sanders Boehlert the Committee on Government Reform Ensign Jefferson Coyne Lewis (GA) Sawyer Boehner Everett Johnson (SD) DeFazio Lincoln Schroeder and Oversight special authorities to ob- Bonilla Ewing Johnson, Sam DeLauro Lofgren Serrano tain testimony for purposes of inves- Bono Fawell Jones Dellums Lowey Skaggs Borski tigation and study of the White House Fazio Kanjorski Dixon Markey Stark Brewster Travel Office matter, which was re- Fields (LA) Kaptur Dooley McDermott Studds Browder Fields (TX) Kasich Eshoo McHale Torres ferred to the House Calendar and or- Brown (FL) Filner Kelly Evans McKinney Towns dered to be printed. Brown (OH) Flanagan Kennedy (RI) Farr Miller (CA) Velazquez Brownback Foley Kennelly Fattah Minge Vento f Bryant (TN) Forbes Kildee Flake Mink Waters Bunn Ford Kim Foglietta Moakley Watt (NC) SPECIAL ORDERS Bunning Fowler King Frank (MA) Moran Waxman Burr The SPEAKER pro tempore (Mr. EV- Fox Kingston Furse Morella Williams Burton Franks (CT) Klink Gejdenson Nadler Woolsey ERETT). Under the Speaker’s announced Buyer Franks (NJ) Klug Gibbons Oberstar Wynn policy of May 12, 1995, and under a pre- Callahan Frelinghuysen Knollenberg Hall (OH) Obey Yates Calvert vious order of the House, the following Frisa Kolbe Hamilton Olver Camp Frost LaHood Members will be recognized for 5 min- Canady Funderburk Lantos ANSWERED ‘‘PRESENT’’—1 utes each. Cardin Gallegly Largent Owens Castle Ganske Latham f Chabot Gekas LaTourette NOT VOTING—9 The SPEAKER pro tempore. Under a Chambliss Gephardt Laughlin Chenoweth Geren Lazio Bryant (TX) Clayton McCarthy previous order of the House, the gen- Chrysler Gilchrest Leach Chapman Collins (IL) Slaughter tleman from Florida [Mr. BILIRAKIS] is Clement Gillmor Levin Christensen Collins (MI) Stokes recognized for 5 minutes. Clinger Gilman Lewis (CA) Clyburn Gingrich Lewis (KY) b 1513 [Mr. BILIRAKIS addressed the House. His remarks will appear here- Coble Gonzalez Lightfoot Mr. WYNN and Ms. FURSE changed Coburn Goodlatte Linder after in the Extensions of Remarks.] Coleman Goodling Lipinski their vote from ‘‘yea’’ to ‘‘nay.’’ Collins (GA) Gordon Livingston Ms. RIVERS changed her vote from f Combest Goss LoBiondo ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. Under a Condit Graham Longley Cooley Green Lucas So the conference report was agreed previous order of the House, the gen- Costello Greenwood Luther to. tleman from Indiana [Mr. BURTON] is Cox Gunderson Maloney The result of the vote was announced recognized for 5 minutes. Cramer Gutierrez Manton as above recorded. [Mr. BURTON addressed the House. Crane Gutknecht Manzullo Crapo Hall (TX) Martinez A motion to reconsider was laid on His remarks will appear hereafter in Cremeans Hancock Martini the table. the Extensions of Remarks.] H 1750 CONGRESSIONAL RECORD — HOUSE March 6, 1996 The SPEAKER pro tempore. Under a ilies, the ones who work, the ones who mean here we are. Yesterday we were previous order of the House, the gen- get up every morning, the ones who are out early; here we are today, we are tleman from North Dakota [Mr. struggling like mad, the ones who feel out early. I do not know what we are POMEROY] is recognized for 5 minutes. like one of those hamsters in a wheel doing. We have not gotten the budget [Mr. POMEROY addressed the House. where they run faster and faster every done, we have not gotten our work His remarks will appear hereafter in year, their tongues are hanging out, done, and we are not addressing the is- the Extensions of Remarks.] and yet they feel they do not get out of sues that voters all over America, in State after State as these primaries f the bottom of that wheel. Now one of the things that we have roll through, say are front and center. The SPEAKER pro tempore. Under a not done that would help, we are going They are saying please listen to us. We previous order of the House, the gen- to see a lot of photo ops with these peo- are the ones that support the Govern- tleman from Pennsylvania [Mr. ple, but these people really do not care ment; why does the Government not WELDON] is recognized for 5 minutes. about photo ops. They really care support the policies we want? [Mr. WELDON of Pennsylvania ad- about some policy that would help You know we are going to lose their dressed the House. His remarks will ap- them. Let us start with the minimum support of the Government. That is one pear hereafter in the Extensions of Re- wage. of the things that feeds the cynicism so marks.] The minimum wage is the lowest it much. We will lose their support of the f has been in 40 years. When I went to Government if we are not listening to them and providing those policies. The SPEAKER pro tempore. Under a college, I was able to work my way through college. College tuition has So I just want to say I am sure where previous order of the House, the gen- everybody lives there will soon be a gone way, way up, and the minimum tleman from New York [Mr. TOWNS] is photo op near them with politicians wage has stayed way down here. It is recognized for 5 minutes. running around trying to have pictures almost impossible for a young person [Mr. TOWNS addressed the House. taken with little kids, with working today to work their way through col- His remarks will appear hereafter in people, in front of a hospital deploring lege and finish before they are 80 years the Extensions of Remarks.] hospital costs, whatever. But when you old. So the minimum wage is terribly f see that photo op, think about how important to try and help people to be does it translate into policy, how does The SPEAKER pro tempore. Under a able to support themselves better. that person vote, what do they cospon- previous order of the House, the gentle- Let us look at medical care. Medical sor? That is the reality. The picture is woman from Hawaii [Mrs. MINK] is rec- care is very critical. We have got the not the reality, the record is the re- ognized for 5 minutes. Kennedy-Kassebaum bill moving in the ality, and I think working men and [Mrs. MINK of Hawaii addressed the Senate, but we do not see it moving women are going to be looking for House. Her remarks will appear here- over here. I am the proud cosponsor. I those records, Mr. Speaker. after in the Extensions of Remarks.] hope many more people become co- f sponsors. But that, too, helps working f The SPEAKER pro tempore. Under a families to try and hold that pillar of The SPEAKER pro tempore. Under a previous order of the House, the gen- medical care underneath them and previous order of the House, the gen- tleman from Kansas [Mr. TIAHRT] is their families as they feel it crumbling. tleman from Tennessee [Mr. DUNCAN] is recognized for 5 minutes. There is another whole area; that is [Mr. TIAHRT addressed the House. recognized for 5 minutes. student loans. People would like to see [Mr. DUNCAN addressed the House. His remarks will appear hereafter in that pillar be held up because everyone the Extensions of Remarks.] His remarks will appear hereafter in knows their young folks are only going f the Extensions of Remarks.] to go as far as their education takes f them, and getting an education is ter- b 1530 ribly costly, especially in this day and WE ARE NOT ADDRESSING THE THE GOVERNMENTS OF SAUDI age. So doing anything to the student ISSUES ARABIA, KUWAIT, JAPAN, AND loans is very unfair, and it makes it EUROPE OWE THE UNITED The SPEAKER pro tempore. Under a topple. STATES A RESPONSE previous order of the House, the gentle- When you look at Medicare and Med- woman from Colorado [Mrs. SCHROE- icaid, those are two other areas that The SPEAKER pro tempore (Mr. EV- DER] is recognized for 5 minutes. really harm the average working fam- ERETT). Under a previous order of the House, the gentleman from Connecti- Mrs. SCHROEDER. Mr. Speaker, I ily because especially if the average cut [Mr. GEJDENSON] is recognized for 5 just came to the floor because my cal- working family has a child that is endar says it is March 6. minutes. handicapped or whatever, they need to Mr. GEJDENSON. Mr. Speaker, the My whole problem is I cannot figure be depending on Medicaid to make up tragedies in Israel over the last several out when we are going to get our work the difference. They may have elderly weeks are something that all of us done. parents who desperately need Medi- have to pay close attention to. I am It seems to me, if it is March 6, that care, and without Medicare and Medic- proud that the American Government means we are almost halfway through aid then the families got to dig deeper and President Clinton have led the ef- this fiscal year, we still have four bills in their pockets to make this all work. fort to try to build a real and lasting that have not been signed, we still have You know, part of the stress on these peace in the Middle East. But many of the debt ceiling issue, we still have the young families and part of their frus- our friends in countries who have bene- fact that we can shut Government trations with this body is rather than fited from America’s generosity and down at any moment, and what we are having pictures they would like a mini- America’s courage have not only not hearing from the primaries out there, mum wage increase, they would like an helped us in this struggle for peace, but where the people are really being able insurance bill, they would like the have actually supported the opponents to speak, is they think we have missed guarantee that their pensions are not of peace in the Middle East. the whole boat, that this issue is really going to be played with. Several times Mr. Speaker, today I will be sending about the average American family and this year we have seen bills saying that letters to the Governments of Saudi how they keep the middle-class Amer- corporations could do with their pen- Arabia and Kuwait to ask them what ican working standard. sions what Orange County, CA, did they are doing to try to stop the at- So, Mr. Speaker, let us talk about with their funds. That does not make tacks on innocent Israeli civilians by that, what that is and how we have not you sleep very well at night. They Hamas. I will be sending the same let- done anything for that. want to be sure education is guaran- ter, virtually, to the Governments of Mr. Speaker, the American people teed in the future, and they want to France, England, Germany, and Japan. feel we have really missed the boat, we know there is a future. Their continuing trade with Iran, deal- have missed the core challenge, and I think we really need to roll up our ing with Iran as if it was one of the civ- that is helping America’s working fam- shirtsleeves and get to work here. I ilized nations of the world, continues March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1751 to provide for them the wherewithal to France, England, Germany, and ver, and the U.S. marshals on their continue their support for the terror- Japan are wealthy enough nations that take of the events leading up to that ists in Hamas. they could join with us in isolating the fateful day of August 21, 1992. The com- In Jordan and Egypt we see different Government of Iran until they are mittee listened to Randy’s description kinds of governments. They, along ready to act like a civilized and respon- of how agents from the U.S. Federal with the Israelis and the leaders of the sible nation. Nations do not kill chil- Marshals Service for a 16-month period PLO, Mr. Arafat and others, have dren. Nations do not finance an organi- executed an extensive surveillance of struggled to build a peace in a region of zation that places bombs in civilian his home that included hundreds of the world that has seldom seen peace. areas. We need to lead and we need hours of filming the everyday proceed- We should also remember and applaud these countries to join us. I will await ings of his family with satellite pow- their efforts: The courage of King Hus- their responses. ered cameras, setting up command cen- sein, the leadership and the courage of f ters in the homes of neighbors, and President Mubarak and his prede- sending many undercover agents pos- RUBY RIDGE: JUSTICE UNSERVED cessor, Anwar Sadat. ing as supporters to the Weaver home. In Israel, the Israelis have lost so The SPEAKER pro tempore. Under a In addition, the U.S. Marshal’s Serv- much in their leadership, in their citi- previous order of the House, the gentle- ice initiated military reconnaissance zenry, in the wars and terrorism. Their woman from Idaho [Mrs. CHENOWETH] is like missions to determine what would courage in continuing in this peace recognized for 5 minutes. be the best way to invade the Weaver process is truly remarkable. But the Mrs. CHENOWETH. Mr. Speaker, as home. U.S. marshals on one of these question has to be asked, the Saudis we all know, the issue of values seems missions excited the family dog by and Kuwaitis are regulars in this cap- to be paramount in everybody’s mind, throwing rocks at it. ital asking for assistance and protec- values with regard to those held dear The committee listened to Randy’s tion, but what have they done to assist by our country, by individuals, and by agonizing unscripted depiction of how the peace process? What have the families. But values really come from he made the most regrettable decision Saudis and Kuwaitis done to try to where we place the value on human life of his life when he sent his 14-year-old stop Hamas and its violence on inno- and how we appropriate the protection son Sammy down the road with a rifle cent civilians? of life, liberty, and the pursuit of hap- to see what the dog was barking at— These governments, these feudalistic piness from government. Today those and how those agents shot a young governments, cannot buy their secu- values seem to be misappropriated, so I boy’s dog at his feet, and how a Federal rity by financing the fundamentalists am going to speak to you today, Mr. marshal, dressed in a terrifying para- who will attack women and children Speaker, with regard to an incident military uniform, jumped out of the with bombs in schools and market- that occurred in my district, and the bushes and yelled ‘‘Halt’’—and how places and bus stops. The governments serving up by the Government of an these events led to a gun battle that of the Western World, France, England, award for that incident. ended with the tragic death of Federal Germany, and Japan, they cannot hold Mr. Speaker, I come to the floor Marshal Degan, and of the young boy their head high in the international today to publicly address a growing Sammy—shot in the arm and in the community while they continue to do concern that I am hearing more and back—as he ran frantically up the road business with Iran, the country that is more of from my constituents, and yelling ‘‘I’m coming home Dad!’’ Randy singly most responsible for the terror- from people all around the country— and his wife Vicki, no longer caring if ism in the Middle East. the continuing misappropriation of they were fired at, went down the hill Syria wants to be included in the values by our Federal Government. I to retrieve the small body of their son. family of nations. It needs to end its am not talking necessarily about the While a Justice Department inves- support for Hamas, and the operation values, as typically described by the tigation did find evidence that U.S. of Hamas within its borders. We as media, but the most basic value of how marshal Larry Cooper fired the shot Americans are happy to lead. We are we as a government regard the individ- that killed 14-year-old Sammy Weaver, happy to take on more than our share ual’s ability to safely live his life in an the report failed to determine who ac- of responsibility. But again, I cannot atmosphere of freedom and liberty, tually fired the first shot. Kevin Har- emphasize enough, Saudi Arabia and with mutual respect as each individual ris, a friend of the Weavers, who was Kuwait are there today solely because peaceably pursues happiness. involved in the gunfight, testified be- of American courage, solely because of My most recent concern arises out of fore the committee that U.S. marshal American action, and solely because of what appears to another poor decision Arthur Roderick fired the first shot, American guarantees for their freedom. made by a Federal law enforcement which killed Weaver’s dog. The mar- The Saudis and the Kuwaitis do noth- agency in the wake of what has come shals claimed that Harris fired the first ing to stop the financing of this terror- to be known the tragedy at Ruby shot, which mortally wounded U.S. ist organization. Their governments Ridge, ID. I am talking about the re- deputy marshal Bill Degan. need to respond with actions that show cent issuing of the highest awards of Mr. Speaker, the Senate committee they can be trusted as friends and al- valor to Federal marshals involved in a determined in their report that Harris’ lies, not just as those who need our as- shootout on August 21, 1992 that ended testimony was more plausible because sistance. France, England, Germany, up with the deaths of 14-year-old Dean had fired seven rounds before he and Japan want to be leaders of the Sammy Weaver, and deputy marshal died. For the marshals’ testimony to be world. They want to be the kind of Bill Degan. true, Degan would have had to fire all partners that America looks for in run- Mr. Speaker, I find it incomprehen- seven shots after he was mortally ning this world, in leading the world sible that after years of investigations wounded. The Senate committee also toward a better place for all the people by both Congress and the Justice De- found it hard to understand why, if of the world. They continue to provide partment about significant questions Kevin Harris had actually fired the the financial support for Iran that en- regarding the conduct of Federal first shot, the other marshals had not ables Iran to support and subsidize ter- agents involved in the Ruby Ridge dis- shot him dead in his tracks for killing rorism globally. aster, the U.S. Marshals Service has Degan. We in America must demand from chosen instead to hand out awards Mr. Speaker, what was even more these countries some action. We must rather than sort out their mistakes and disconcerting was hearing U.S. mar- demand more than just rhetoric and punish wrongdoing to ensure that such shals Roderick and Cooper propose dur- rhetorical responses to this kind of deadly mishaps don’t happen again. ing the Senate hearing that Randy savagery. The Government of Saudi Mr. Speaker, I attended much of the Weaver was responsible for shooting Arabia and the Government of Kuwait hearing in the Senate Subcommittee his own son. This suggestion con- owe the Americans a response. They on Terrorism, Technology, and Govern- tradicts all of the facts and evidence owe the world a response, the world ment Information that was chaired by which point to Cooper as being the that turned to their rescue to end the Senator SPECTER. I listened very atten- only one who could have shot Sammy. terrorism of Hamas in the Middle East. tively to the testimony of Randy Wea- Even the Government’s position during H 1752 CONGRESSIONAL RECORD — HOUSE March 6, 1996 the July 1993 trial was that Cooper had woman from North Carolina [Mrs. your district and see if you do not see shot Sammy Weaver. The committee CLAYTON] is recognized for 5 minutes. a need that we are failing to assist our has actually retained several experts to Mrs. CLAYTON. Mr. Speaker, we communities in meeting. study the matter further. talk much about education, but we do What will be the impact of these Mr. Speaker, at the same time there not do very much. Consider these facts. massive education cuts on the future of is an ongoing investigation into their In 1949, for every $10 the Federal Gov- education for our young people? More sworn testimonies regarding their role ernment spent, $1 was spent for edu- importantly, what will be the future of at Ruby Ridge, Roderick and Cooper cation. For every $10 in 1949 that we this country if we continue to not in- were among the five marshals honored spent for education, $1 was spent for vest in education? What will these last week. education. Now, today, for every $10 working families do if their children Mr. Speaker, in addition, several places in that the Federal Government spends, a are not educated? the Justice Department report deal with the little more than 1 dime—from 1949, We say we believe in families, yet we possibility of a Government cover-up. After the from $1 we have moved to 1 dime—is do not give them the very tools they gunfight, the surviving marshals were taken spent for education. need. How will these students learn away to recuperate. The authors of the report Where are our priorities in edu- when even more teachers are termi- stated that: cation? In 1949 America led the world nated under the pressures of these se- We question the wisdom of keeping the in educational achievement. Today vere cuts? Already schools are receiv- marshals together for several hours while America trails nations like Europe and ing pink slips because they do not awaiting interviews with the FBI. Isolating Asia. We are behind those nations now, know what their budgets will be. How them in that manner created the appearance perhaps because we failed to heed the can they plan under the circumstances and generated allegations that they were words of T.S. Eliot then. Eliot said in of this continued resolution? fabricating stories and colluding to cover-up 1935, ‘‘Time present and time past are We talk about restoring family val- the true circumstances of the shootings. both perhaps present in time future, ues. We talk about helping young peo- Those are the Justice Department's words, and time future is contained in time ple. Yet, our actions are inconsistent not mine. past.’’ Let me repeat those profound with what our words are. Recent na- But the Marshals Service does not appear words of Eliot’s. ‘‘Time present and tional polls show that Americans over- concerned with answering the Justice Depart- time past are both perhaps present in whelmingly support education and be- ment's concerns or learning from this tragedy. time future, and time future is con- lieve it should be the top priority of Marshals Service Director Eduardo Gonzalez tained in time past.’’ this country. said when asked why the service waited so What did Eliot mean by that state- The American people agree with long after the siege to announce the awards ment? Let us examine the statement in Eliot. Instead of a big tax cut for the that he ``didn't think it was appropriate'' to hold the context of education. It is incon- wealthy, we should put more money in such a ceremony while the Senate was hold- sistent to talk about building the fu- education for our children and for this ing formal hearings into the incident. This tells ture while tearing down the present. Nation’s prosperity. We must heed the me that the director blatantly overlooked the Yet, Members in this House seem ready words of Eliot, as true today as they fact the Senate, like the Justice Department, to abandon education by making the were in 1935, and understand that the found fault with the actions of at least two of largest cut in American history, cuts present and past shape the future. the marshals he honored. amounting to one-third of education There can be no bright future without The bottom line is, Randy Weaver faced his spending, cuts that are three times as a brilliant past and a clear present. accusers, stood trial, and answered for the much as other cuts in their discre- Mr. Speaker, we must stop these edu- only crime he was convicted of: failure to ap- tionary budget, cuts with overall fund- cation cuts and make sure that we se- pear in court. While the Justice Department ing for the Department of Education cure America’s future and our chil- and Congress determined through extensive likely to be reduced by 25 percent. dren’s prosperity. investigations that all the agencies involved In essence, for time present, in this were guilty of some level of wrong-doing at blind march, blind march to a balanced f Ruby Ridge, precious little has been done to budget, we want us to ignore time past. ensure such massive errors in judgment do But they are ignoring, as Eliot points b 1545 not occur again. out, both times, present time and past, INTRODUCTION OF BILLS IMPLE- Mr. Speaker, how our Government has and also they are ignoring our future. MENTING IMPARTIALITY IN RE- acted with regard to the tragedy at Ruby More importantly, they are ignoring VIEW OF COMPLAINTS AGAINST Ridge, and in other similar instances has had, Eliot’s conclusion that time future is JUDGES AND REASONABLE AT- and will continually have significant ramifica- certainly contained in time past. TORNEY’S FEES IN CAPITAL tions on how our people view our Govern- If we truly want to preserve the fu- CASES ment, and how Federal law enforcement will ture, we must, we must, first, not for- respond to the constitutional rights of citizens get the past; and second, take care of The SPEAKER pro tempore (Mr. in the future. the present. That is what Eliot meant. LATOURETTE). Under a previous order Mr. Speaker, the issue of how our Govern- But we forget the past when we dis- of the House, the gentleman from Ten- ment is maltreating its citizens while ignoring regard how much of our budget we nessee [Mr. BRYANT] is recognized for 5 the effects of its own unjust actions is very spent to make us a world power in edu- minutes. much on the minds of millions of Americans. cation: 10 percent in 1949, and now only Mr. BRYANT of Tennessee. Mr. They are asking how can it be possible that 1.4 percent today. And we do not take Speaker, I rise today in order to ex- people such as John Poszgai, a Hungarian care in the present when we are prepar- plain two bills I introduced today and freedom fighter who escaped with his life and ing to further slice education so deep- ask my colleagues for their support of settled in Pennsylvania, can end up being ly. We will also interfere with the fu- this legislation. sentenced to serve 6 years in a Federal peni- ture of this Nation’s prosperity. Both bills relate to judicial proce- tentiary because his cleaning up of an old Instead of cutting the education dure and are intended to help restore dump was considered a crime because it filled budget with regard to the impact of the public’s confidence in that branch in a wetland. They are wondering just where those cuts, I would urge my colleagues of our Federal Government. Today, our Government is placing its values when it to go out from the comfort of these when citizens distrust their govern- gives the highest commendation possible to halls and visit American schools. Go ment to the degree that we are seeing, an individual for shooting a child in the back see how those schools are. Many of it is imperative that we take reason- as he is running to the comforting arms of his them are in disrepair. I have students able steps to promote public confidence father. visiting me who have just left out of in our form of Government that is set f the gallery who are in private schools, forth in the Constitution. and many of them have found that our We must always remember that we CUTS IN EDUCATION PROGRAMS public schools do not give them the op- do not legislate in a vacuum. The laws The SPEAKER pro tempore. Under a portunity. We are not investing in our we pass have consequences. Our Gov- previous order of the House, the gentle- education. Visit any of those schools in ernment processes have consequences. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1753 At this very time, the country needs ing compensation levels to a higher offices, are working in this mission of legislation that has positive con- limit than what I have just described. lies and distortion and now trying to sequences with respect to the long- This process has not been used yet. drag the children, parents and teachers term health of our Republic. In capital cases, again death penalty of this Nation into this campaign In that regard, I would like to ex- cases, judges may go outside this range against much-needed reform. plain my bills. The first bill deals with of $40 to $60 per hour and set even high- First of all, let me tell the parents the handling of ethical complaints filed er rates, at their complete discretion. and teachers and my colleagues that against Federal judges. The complaint Under our code, if it involves a death EPA was a Republican idea. It started process currently works like this: The penalty case, the Federal judges can in 1972. It was an idea to do a better job ethical complaint is made in writing to set this compensation to be whatever in cleaning up the environment. It was the circuit court clerk, and this com- they deem is reasonably necessary. In a Republican proposal to set some na- plaint is accompanied by a brief state- other words, again complete discretion tional standards and we have done ment of the facts behind the complaint. on the part of that judge. that. We have begun to clean up. We Alternatively, the chief justice of the Now I understand the need to pay have had 20 some years of experience circuit may also initiate a complaint if people for their time rendered, for their and we have seen where mistakes have he is aware of a set of facts that war- services given, but these payments been made and we need to draw on rant review. that are made in these situations are that. The clerk gives the complaint to the being made at taxpayer expense. In cer- When President Clinton came into of- chief judge of the circuit, and this chief tain habeas cases, certain death pen- fice in 1993, in January, and I quote judge reviews the complaint and enters alty cases in my home State of Ten- from the New York Times, it said, ‘‘in a dismissal or refers it to a special nessee, I am aware of a Federal judge January, mayors from 114 cities and 49 committee of judges from within that awarding the lawyer fees of up to $250 States opened a campaign by sending same circuit. In other words, the com- an hour. Not many Tennessee lawyers the President a letter urging the White plaint is completely adjudicated within command $250 an hour, much less a House to focus on how environmental the circuit of the judge subject to that court-appointed lawyer in a criminal policymaking had, in their view, gone particular complaint. case. awry.’’ While most of the complaints filed My bill would set lawyers’ compensa- That is what started the debate. The against Federal judges are frivolous, tion rates under title 21 in the rec- cities, the counties, the special dis- the process itself, the procedure, ommended range of $75 to $125 across tricts, the Governors, the State asso- should not give the appearance of a the Nation, and thereby stop the judges ciations came to us and said, ‘‘Some of lack of impartiality or lack of fairness, from awarding huge amounts, far in ex- what you’re doing, some of what you’re or an appearance of possible bias, or at cess of the going rate in that particular imposing makes no sense, it’s a great worst, a possible biased review. That is, marketplace. Furthermore, my legisla- cost on us, and we pass it on to the tax- payer in higher, unwarranted costs in these complaints against a judge are tion would require that these amounts many cases.’’ So they gave us the re- now reviewed by his close colleagues. paid in attorneys’ fees and expenses sponsibility of trying to make some They all serve together in the same cir- would be publicly disclosed for all of us cuit, some in the same district. They sense out of this. to see. Mr. Speaker, I served on the commit- work together professionally, they I hope that my colleagues can sup- tee that conducted oversight of EPA meet at conferences, and interact on a port these two bills. I think it is time from 1992–94. What I saw was a horror personal and social basis. we move toward restoring the public’s story and the children and the parents Human nature leads to the likelihood confidence in the judiciary. We can and teachers should know, not just the of a less than dispassionate review in move in that direction by implement- misinformation that they are being fed this type of situation. The situation at ing impartially in the review of com- by this compliance office to lobby Con- a minimum presents an appearance of plaints filed against Federal judges, gress for more money but they should partiality. Couple that appearance and by having reasonable attorneys’ know what is really going on. with the loss of public confidence in fees that are responsible to the tax- Let me cite, for example, a memo our Government institutions that we payer, who ultimately gets the bill. dated March 31, 1993, from the inspec- are seeing, and we have a crisis in the f tor general for audit of that agency. He making. is talking about the Environmental Re- The bill I am introducing will rem- MICA EXPRESSES OUTRAGE AT OUT-OF-CONTROL EPA search Laboratory, one of the oper- edy this situation whereby judges with- ations of EPA. He said for over a period in the same circuit review ethical com- The SPEAKER pro tempore. Under a of up to 7 years the audit concluded plaints filed against one of their fellow previous order of the House, the gen- that ERLA management had avoided judges. My intent is to introduce a tleman from Florida [Mr. MICA] is rec- or circumvented laws, regulations, and greater degree of impartiality and fair- ognized for 5 minutes. agency procedures in the award and ness to this process. My legislation will Mr. MICA. Mr. Speaker, I come be- funding of certain contracts and had have the clerk of the circuit in which a fore the House this afternoon really in misused or abused the use of contracts, complaint originates automatically a sense of outrage about our out-of- and it goes on and on and on about the forward that complaint to another cir- control Environmental Protection misuse. cuit for adjudication. Agency. We have heard EPA talking Mr. Speaker, this is how taxpayer This legislation builds on the current about how the new majority and Mem- dollars are being expanded. When I complaint review process. It calls for bers of Congress on both sides of the served on the committee, we looked at the creation of a method by which aisle were going to gut their budget Superfund, a multibillion-dollar complaints received against judges and and hurt the environment and do away project that was to clean up the haz- magistrates within one circuit are sent with any regulations. That, Mr. Speak- ardous waste sites. What we found in to another circuit for review. er, is all bunk. this report from GAO in 1994 said al- The second bill pertains to the We have seen EPA use public re- though one of EPA’s key policy objec- amount paid to lawyers and lawyers’ sources in the past to continue their tives is to address the worst sites first, fees and expenses that a Federal judge mission of misinformation of untruths relative risk plays little role in the may award in a capital case, a Federal and distortions. Today I received a agency’s determination of priorities. death case, if you will. Currently title copy of EPA Watch dated January 31, This study by GAO finds in fact that 18, United States Code allows com- 1996. This, Mr. Speaker, really takes they choose cleanup sites on the basis pensation at a rate of $60 per hour for the cake. It says, ‘‘EPA Enlists PTA To of political pressure, not the risk to court time and $40 for out-of-court Battle Congress Over Budget Cuts.’’ children and safety. That is something time to be paid to lawyers that are ap- This story tells how the EPA’s Office our American children, our teachers, pointed to handle Federal criminal of Enforcement and Compliance has a and the Congress should know. cases. These are standard fees. I note memo dated January 19 that states What about polluters? Do polluters that title 18 provides a means for rais- that their staff, from no fewer than 11 pay? Not with EPA. They let them off H 1754 CONGRESSIONAL RECORD — HOUSE March 6, 1996 the hook. Look at this headline, ‘‘EPA wards working people, working people month, March, is the month that we Lets Polluters Off the Hook,’’ $4.8 bil- who in essence are poor, to continue to celebrate women, the historic contribu- lion in noncollected funds. work and not to seek welfare and de- tions of women, when Susan B. An- Mr. Speaker, I have just about had it pendence for them and their children. thony began to talk about taking ad- with EPA. I am calling on the Speaker, The earned income tax credit that is vantage of the political process and and I am calling on Chairman under assault by this Congress and by voting and standing up for what you MCINTOSH of the oversight committee this budget process in fact enhances believe in. to conduct an investigation of what opportunities and does not take away Well, this has not been a very good they are doing. Rather than going out from opportunities in both urban and year for women, for we have found that and enforcing environmental laws, rural America. women have become unequal both in they are using taxpayer funds to start It helps the more than blue collar the workplace but as well as far as con- a campaign against Congress, and this worker, the hourly worker who has not stitutional and privilege and rights of action must stop. had an opportunity to salt away dol- privacy. For example, whatever your f lars. By them working, they then get a position is, how can you be equal with Medicare for women as opposed to The SPEAKER pro tempore. Under a credit back from the Federal Govern- ment which gives them a continuing men? So that women in the military previous order of the House, the gen- would not be allowed to have abortions tleman from North Carolina [Mr. incentive to continue to work. Why should we undermine that incentive for of their choice if paid for, so that the FUNDERBURK] is recognized for 5 min- House banned coverage of most abor- utes. the working poor? Then there has been a big debate on tions by Federal employees health cov- [Mr. FUNDERBURK addressed the those who would want to raise the min- erage, again intruding on the privacy House. His remarks will appear here- imum wage and those who would not, right of women. after in the Extensions of Remarks.] merely over a dollar at this point that The House and Senate voted to pro- f is being proposed, all of the rancor, hibit the use of Federal funds to pay The SPEAKER pro tempore. Under a that this would destroy small busi- for abortions for Peace Corps volun- previous order of the House, the gen- nesses or that this would eliminate teers, and so we go on and on with the tleman from California [Mr. HUNTER] is jobs. Do we really understand who is onslaught and the attack on women in recognized for 5 minutes. working in some of these places where this Congress. we used to think teenagers worked? We also saw fit to provide bonus [Mr. HUNTER addressed the House. grants to States that reduce the num- His remarks will appear hereafter in Fast food places? They are individuals who are attempting to support their ber of abortions, not among children, the Extensions of Remarks.] and we are not talking about that f family, some of them with four and five children. question, but we are talking about The SPEAKER pro tempore. Under a adults, adult women who have the op- previous order of the House, the gen- b 1600 portunity to make a choice. tleman from Pennsylvania [Mr. FOX] is I was told by a Member that he had One of the most egregious pieces of recognized for 5 minutes. a family in his district, many families, legislation is when a tragedy comes [Mr. FOX of Pennsylvania addressed in fact, four members of the family, upon a family who desires a child and the House. His remarks will appear four children, excuse me, making a liv- they are required to abort because of hereafter in the Extensions of Re- ing on $15,000. Now, you wonder how the threat of that mother. Partial marks.] those people make it. I applaud them. I abortion now has become illegal both f applaud them for working, for keeping on the physician and as well would their family together, for striking out challenge the mother to get proper ECONOMIC SECURITY IS A on their own. medical care. BIPARTISAN ISSUE But if we are to uphold the quality of Mr. Speaker, I would say to you we THE SPEAKER pro tempore. Under a life for all America, then we must fight need economic security for all Ameri- previous order of the House, the gentle- for the economic security of our citi- cans, and in respecting women, in sa- woman from Texas [Ms. JACKSON-LEE] zens. We must go to corporate America luting women, we need fairness for is recognized for 5 minutes. and address the question that every- women in this legislative agenda. Ms. JACKSON-LEE of Texas. Mr. thing is not profit and dividend, al- f Speaker, many of us have had an op- though I respect those who have had OUT OF SIGHT BUT NOT portunity to visit more extensively the privileges of life and have invested. FORGOTTEN over the last 2 or 3 weeks with our con- I want you to be successful. But we The SPEAKER pro tempore (Mr. stituents at home. It is interesting, I must also reinvest in the creation of LATOURETTE.) Under a previous order rose just earlier this week to indicate jobs. of the House, the gentleman from Indi- really what has captured the minds and We have been told that the tele- ana [Mr. MCINTOSH] is recognized for 5 the emotions of many Americans as we communications bill that has just been minutes. have watched the Republican primary passed will create 6 million jobs. Some Mr. MCINTOSH. Mr. Speaker, out of proceed before our very eyes. It is not of those jobs, most of them, will be sight, out of mind. that the debate is unique, it is that very technical positions. We must en- There is a human tendency to forget maybe it is being raised when all of us sure that the least Americans who those things or people that are not im- happen to be focused in that direction, have tried their best with the edu- mediate to us. The media feeds this for the questions dealing with eco- cation that they have will, in fact, seek tendency—where stories of heroism or nomic security, the well-being of this the appropriate opportunities for work. tragedy receive 30 seconds of air time country, have been troubling many of Corporate America must reinvest back on the evening news—and then they are our constituents for a number of years. into work. It is not that jobs are leav- forgotten. And it is not a partisan issue. It is in ing this country. It is that we must Mr. Speaker, I rise to give my report fact a bipartisan issue, and it calls to take a stand to create jobs and create from Indiana. question the quality of life that we ex- viable work that has us making items Today I commend the brave men and pect as Americans. What it does is, it again as we built ships, as we built women serving the cause of peace in should pit us toward each other and items in World War II. We must be Bosnia—they may be out of sight, but not against each other. It involves the manufacturers again, and we must cre- they are not forgotten. assessment of affirmative action as a ate opportunities for those individuals They are in Ruthie’s and my prayers valuable tool in which we can extend, who want to hold their families to- and in the daily prayers of the good to those who have not had an oppor- gether. people of Indiana’s Second District, es- tunity, an even playing field. As I stand before you, as well as I pecially the school children. It calls into question the attack on think of economic security and oppor- Last December, right before Christ- the earned income tax credit which re- tunity, I am challenged because this mas Ruthie and I were fortunate March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1755 enough to visit with some of the sol- woman from Ohio [Ms. KAPTUR] is rec- my State of Ohio, 1,000 jobs gone al- diers of the 21st TAACOM Army Re- ognized for 5 minutes. ready just as a result of that one trade serve unit which was being deployed as Ms. KAPTUR. Mr. Speaker, I rise to- agreement and as well as the lack of part of Operation Determined Effort to night on the topic of jobs in America access we have into other closed mar- help our troops in Bosnia. and the trade deficit, an issue which, kets in the world. During the course of my visit, Ruthie after 10 years of very hard work, has fi- Much attention has been put on the and I presented some of the soldiers nally made it into the headlines during impact of a long-term budget deficit in with cards and letters of encourage- this Presidential primary season, and our country, and that is important. ment from school children at both it could not have come too soon. However, very little has been said Rushville Elementary School and Mun- Last week, in our local newspaper, about this structural trade deficit, the cie Northside Middle School. the Toledo Blade, one of the headlines other pillar of the twin deficits on Two weeks ago, I visited Rushville read, ‘‘Trade Deficit Highest in 7 which our economic house and our fu- Elementary School thanks to Scott Years.’’ In fact, last year, 1995, the tures stand. And I am very happy this Bowers of my district staff and his sis- amount of imports coming into this has become a Presidential issue. It is ter Stephanie Bowers, who teaches at country versus exports going out being talked about in the Republican the elementary school. ballooned to over $111 billion, the worst Party. It is being talked about in the I was able to meet those school chil- performance of this economy since Democratic Party. dren who wrote the letter and have not 1987, and, in fact, last year’s goods defi- I guess it just goes to show that when forgotten our men and women serving cit, that means the part of the trade you run for President, probably the in Bosnia. Their words speak volumes deficit that deals with hard merchan- most important power you have is to as to what America is all about. dise, grew to $175 billion, an increase of focus attention on something impor- The first letter that I want to share over 5 percent from the prior year. tant. with you is from Heather Paugh, a fifth That means we are digging ourselves The trends are not encouraging. grader at Rushville Elementary, who deeper in the hole. Since 1990, even though we cut our said: Trade deficits like these have turned budget deficit by 23 percent and further DEAR SERVICEMEN: Good luck on your mis- our country from being the largest cuts are expected in the coming years, sion to Bosnia. I hope that every one of you creditor in the world, that means that our trade deficit has grown by 54 per- come back. I’m behind you all of the way. people borrowed from us, rather we cent. At this rate, the trade deficit will Next is a letter from Jeremy Allison. have become the largest debtor nation overtake the budget deficit within the Jeremy writes, in the world, importing much more next 2 years, and, in fact, it already DEAR TROOPS: I wish you did not have to go than we export and having to monetize, has. to Bosnia. I hope you get all of the medicine pay for those imports with our hard- The same logic that is used to sup- safely to the moms and dads and the kids earned dollars. Is it any surprise that that are sick and need it. port cutting the budget deficit could be My name is Jeremy Allison. My uncle is in the kind of lingering trade deficit has equally applied to the argument for the Air Force. I’m 10 years old and in the 4th served to act as a downward push on cutting this trade deficit. Any bor- grade. I go to Rushville Elementary School. wages in this country, contributing as rower or buyer of a foreign good knows I hope you get back safe. If you do you will well to the loss of millions of jobs that debt has a price. The U.S. trade be a hero. across our country as we see not just deficit technically represents a liabil- Remember God is with you. Your friend, Jeremy. low-skilled jobs but high-skilled jobs ity on our national balance sheet, a The last letter I want to share with moving abroad and a general decline in loan from a foreign seller or creditor you conveys the uncertainty one of the our own living standards? that must be financed. And if you think about that for a sec- children has toward the whole mission. As noted economist Wynne Godley He writes: ond, with interest rates even at the has stated, the main causes for concern level that they are today, is it not I am very surprised that you would risk are the financial constraints that occur your life to save another. I don’t think it’s harder for you to afford a car than it when countries become heavily in- fair that you have to go. I wish that Bosnia was for your parents? That is because debted and the loss of national income would have peace and nobody would have to goods cost more here now. that results from rising interest pay- do what you’re doing. I just want to show you a chart, I ments. I have been studying in school about all of will put it up here, which in the red, In the past, even though you may go the people who have lost their families. I am which is the part I want to reference and buy a car and it may come from very sorry that happens almost everyday. I here, shows what has been happening another country, you purchase it with hope you do not have to shoot anybody. I’m for the last 20 years in our country. We a 10 year old boy in Rushville. your credit card, when you make those Graig Weily. have not had a year where we have had interest payments, those go to the for- We are all proud to know that Amer- more exports going out of our country eign manufacturer. This is what I talk ica has dedicated service men and than imports coming in here. In fact it about when I say monetizing that debt. women ready to give up their lives to has been getting worse and worse. Last In the past, increased flows of foreign protect freedom. And most impor- year, 1995, will be worse than the year investments into our country as well tantly, children back home that be- of 1994. In fact, if you look at our en- as their purchases of our securities, our lieve in them. tire balance of payments, the measure Treasury bills, were necessary to pay Grownups may disagree over the pol- of all of the inflows and outflows of for our trade deficit. Now the willing- icy and the deployment of troops to capital, goods and services to and from ness and capability of these foreign Bosnia, but I think most grownups, in- our country, our position has been de- creditors, especially Japan, to continue cluding myself, agree with Jeremy Al- teriorating, as this chart indicates, these investments and purchases is on lison: ‘‘I hope you get back safe and if since the 1970’s, largely as a result of a the wane. As foreign direct investment you do you will be a hero. Remember lack of domestic savings and invest- and purchases of our securities de- God is with you.’’ ment here at home, but more impor- crease, the United States will still need To the brave men and women serving tant, the rising penetration of foreign to attract foreign capital to pay for in Bosnia—you may be out of sight, but imports into this country and the lit- this deficit. you are not out of mind, you are in our eral displacement of jobs in our coun- If the trade deficit remains at the prayers daily. try. same level, by the year 2010 we will be And that is my report from Indiana I cannot tell you how many Members paying the equivalent of 2.5 percent of this week. have come up to me on this floor since the entire amount of goods and serv- f NAFTA’s passage, which we fought so ices produced in this country and inter- hard against. They said, ‘‘Marcy, we est payments and capital outflows to JOBS IN AMERICA AND THE lost 3,000 jobs in northern Alabama. We foreign countries. TRADE DEFICIT have lost 2,000 jobs in east Tennessee. Now, the 2.5 might not sound like a The SPEAKER pro tempore. Under a We have lost 14,000 jobs in Florida,’’ lot, but it represents the amount by previous order of the House, the gentle- and the automotive parts companies of which this economy is growing. It is H 1756 CONGRESSIONAL RECORD — HOUSE March 6, 1996 not enough to catapult us into the high dent vetoes that particular bill, then the House of Representatives by the standard of living we would hope for there is no money there. gentlewoman from New Jersey, Mrs. our people. The green part is defense spending, MARGE ROUKEMA, a Republican and a Only with the goal of cutting our ex- and I have separated that out as the colleague of mine, and her bill is basi- ploding trade deficit and making sure 13th appropriation bill, because the cally the same as the one that is spon- it remains a part of the Presidential hawks and doves, the conservatives and sored in the Senate by Senators KASSE- race this year will we be able to cure liberals, almost never have disagreed BAUM and TED KENNEDY. So this is a bi- the other part of the twin deficit that more than a plus or minus 10-percent partisan effort. is causing the downward pressure on deviation. Everybody agrees that there Basically, it is a bipartisan effort to wages and living standards in this should be a certain amount of our try to bring very modest health insur- country. budget spent for national defense, so ance reform to the American people. I f that is pretty much on automatic should also point out that in his State pilot. of the Union Address, President Clin- INCREASING THE PUBLIC DEBT The blue is on automatic pilot on the ton said that he would sign this bill if The SPEAKER pro tempore. Under a welfare programs, because those wel- it was passed by the Senate and the previous order of the House, the gen- fare and entitlement programs, we can- House and brought to his desk. tleman from Michigan [Mr. SMITH] is not reduce the spending for those pro- The problem that we face right now recognized for 5 minutes. grams unless the President signs the is that there are strong indications Mr. SMITH of Michigan. Mr. Speak- bill to do it. that the House Republican leadership, er, I would like to talk about the fact What we have done is we have given Speaker NEWT GINGRICH and the Repub- that tomorrow this Chamber is going away congressional authority over the lican leadership in the House, are not to increase the borrowing authority to years and said that the money is auto- willing to bring the bill to the floor in the U.S. Department of Treasury, or we matically going to be there if individ- its existing form, and, in fact, are talk- presume the votes will be there to in- uals meet this certain criteria of enti- ing about loading up the legislation crease the debt. tlement. There is a certain level of with many other provisions which we The public debt of this country is poverty, so therefore they are eligible think we make it more difficult for now $4.9 trillion. I brought a chart with for food stamps, or they are poor and this bill to pass. me to explain the roughly $1.6 trillion have kids and are eligible for AFDC, or I want to introduce to talk a little budget that this Federal Government reach a certain age so you can have bit about the bill, the gentlewoman Medicare, or a certain level of poverty spends every year. If we look at the from California [Ms. ESHOO]. Before I growth of the U.S. budget, back in the so you can have Medicaid. This cannot do that though, I just wanted to say 1970’s, the U.S. budget used up a much be changed. This is the part of the very briefly, that, as I said, there are smaller portion of our total gross do- budget that is causing us to increase 170 Democrat Members of the House the national debt more than any other mestic product. that have signed on as cosponsors to part of the budget. this bill, and there are numerous orga- b 1615 What a lot of us think is that it is nizations, most notably the American In fact, in 1948 it represented 12 per- reasonable, Mr. Speaker, to say to the President, look, if we are going to in- Medical Association and a list of prob- cent of GDP. Now it is up to 21 percent ably about 100 different health care of GDP. This Government, this crease this debt over the $4.9 trillion that we now have, then we want to tie specialty groups, as well as some insur- overbloated bureaucracy, is growing ers, who are not saying that they also bigger and bigger, and how are we to it some reforms in the welfare pro- grams, the entitlement programs, that support the bill. going to stop the overspending? How in addition to that, there has been a are we going to stop more and more are causing the greatest need for in- creasing that debt. commitment by the Republican leader- borrowing, that means that we are tak- ship in the Senate to bring the bill to ing the money that our kids and Let us be fair to our kids, let us be encouraging to the economy, let us bal- the floor the second or third week in grandkids have not even earned yet to ance the budget. The only way you can April. So, again, the only thing that is pay for what we consider today’s prob- balance the budget is to change the en- holding up action on this legislation at lems? titlement programs. That means the this point is the House Republican Everybody in the generation under 40 President has to sign that bill. leadership, which so far has been un- years old had better sit up and take We tried it once. We got a balanced willing to bring it to the floor. note about what Government is doing budget through the House and the Sen- Mr. Speaker, I would like to intro- to their future. This pie chart rep- ate. The President vetoed it. We are duce my colleague, the gentlewoman resents how Government spends its going to try again, Mr. Speaker. from California [Ms. ESHOO], who has money. The bottom blue part rep- f been a strong leader on this issue. resents half of the Federal budget, and Ms. ESHOO. I thank the gentleman it is spent for welfare and so-called en- HEALTH CARE REFORM from New Jersey [Mr. PALLONE]. titlement spending. The SPEAKER pro tempore. Under Mr. Speaker, I would like to return The little white part represents in- the Speaker’s announced policy of May the compliment with a multiplier, be- terest. Interest is now becoming the 12, 1995, the gentleman from New Jer- cause the gentleman has been at the largest single item in the Federal sey [Mr. PALLONE] is recognized for 60 forefront in support of the changes budget. This year, this represents net minutes as the designee of the minor- that need to be made for the American interest. Gross interest, if we include ity leader. people on health care. He has been an the interest that is paid on the money Mr. PALLONE. Mr. Speaker, the rea- eloquent voice in the committee that that we borrow from Social Security son I am here today is because Demo- we both serve on, the Committee on and the other trust funds, was over $300 crats as a party in the House of Rep- Commerce, when it has come to Medi- billion this part year, larger than any resentatives, basically over 170 demo- care and the protection of the elderly single expense item in the budget. cratic Members of the House of Rep- in our Nation. He has spoken not only The red section represents 12 appro- resentatives, are uniting behind a pro- eloquently but very sensibly. Some- priation bills. Those 12 appropriation posal that would make modest but im- times I think the most uncommon of bills are controlled by Congress. Arti- portant improvements in America’s the senses is common sense. He does cle I of the Constitution says Congress health insurance. Basically it would not lack that. is responsible for the purse strings. provide access to more Americans so I am delighted to join with my col- This is about all we have left, is that that they can have health insurance, league today during this special order little red piece of pie that represents 18 and guaranteeing also that if they lose to talk about this bill on health insur- percent of the budget that represents their job or change jobs, that they can ance. I ran for Congress in 1992, and one the 12 appropriation bills. Why I say carry their insurance with them. of the issues that motivated me the Congress has control of that appropria- The bill that we are all uniting be- most, because it was something that I tion spending is because if the Presi- hind and cosponsoring is sponsored in concentrated on and gave 10 years of March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1757 legislative time and sweat and some- ple’s issue. So this legislation which we need, to what the families need, to times some tears, but it was all worth are so proud to support contains this what individuals need, to add to the se- it, when I served in local government, provisions. curity that they really deserve. was on the issue of health care. The other provision is something b 1630 I recognized back in 1982 that, if that people have spoken, I think, to there was an issue that was driving our every single Member of Congress about So I would like to again salute my economy that needed to be reshaped in our respective congressional dis- colleague, Mr. PALLONE, for the leader- and reformed, it was health care. I tricts. That is those that have a pre- ship that he has provided with the guess I was not only right then, I was existing condition are redlined by the health care task force that has cer- dead right. That was back in 1982, and insurance companies. tainly been in operation on the Demo- we went on to make some wonderful re- Now, let us back up for a minute and cratic side of the aisle to help bring forms and changes in the county where understand why we all buy insurance forward the sensible reforms, not a I served on the board of supervisors. to begin with. I know that I buy and Rube Goldberg plan that no one can Then running for Congress, of course, pay for my automobile insurance in the understand. it was what we talked about and prom- eventuality that something happens No one can charge that this is Big ised. I think it is about time that we and I am involved in an automobile ac- Government on any individual’s back. keep, at least, some of our promises to cident, that I am covered. I do not do This is for the people. They are willing the American people. Even though that so that, when the accident hap- to pay for these provisions, but the law there was not sweeping health care re- pens, the insurance company drops me. must change in order for them to enjoy form legislation in the 103d Congress, We buy it to be covered at the time them. some cheered that. But the American that we need the coverage. So ‘‘thank you’’ to you, Mr. PALLONE, people have been left without solutions So there are tens of millions of for your leadership. It is ongoing. You that they need to bring to their day-to- Americans today that on the basis of a are tenacious. I think that you were day lives. preexisting condition, which is part of absolutely terrific. I look forward to So this legislation, which is biparti- health care, everyone’s body is not per- gathering round the desk of the Presi- san, which was shaped in the Senate by fect. Every human body does not re- dent on a bipartisan basis when he both the Republican and Democratic main perfect from birth until God calls signs this bill into law, hopefully this Senator, has now attracted support, us. So we need to make these provi- year, and that we can conclude the important support from both sides of sions for the people in our country. 104th Congress in keeping the promise the aisle. It is not all things to all peo- I think that it is one of the real that we made to the American people ple. It is not a Christmas tree with unfairnesses of the insurance industry. that we would indeed try to lift them many decorations on it. But quite sim- So we need to make these provisions. up and that there will be sensible ply it strikes at the heart of two issues There is a great deal that is written health care reform, and I think that that we can address in the 104th Con- today, everything that we pick up, this bill, H.R. 2893, is it. gress. from the New York Times to all of the Thank you for sharing some of this First is portability. Portability, what weekly magazine publications, about special order time. I think that this is does that mean? It means that where the anxiety that is underlying the special, and I think that it is in order. you work and you are insured with a American public today. Mr. PALLONE. I want to thank my policy, that if you move to another job Mr. Speaker, I think that we can colleague from California, Ms. ESHOO, or if you lose your job, you can con- take a quantum leap on their behalf if for explaining the bill and basically tinue that health care coverage. How? in fact we speak to those things that why those two principles of portability By individuals being willing to pay for help to make a family secure. I do not and limitations on preexisting condi- it. So this is not a government pro- think any one of us in cosponsoring tions as the basis for getting health in- gram, as important as some of them this bill is making the promise that it surance are so important. are to those in other circumstances in cures everything, that it takes care of As you indicated, it seems like this is our society, this is a piece of legisla- everything. It does not. But, again, it apple pie. In other words, why would tion that acknowledges and will give to does strike to the heart of two very anybody oppose it? But as we know, people what they want, and that is major, important provisions that need that is not the case. In fact, without portability. getting into all the bureaucracy of it, Some say that they experience job to be made by law by this Congress. I what we are trying to press and chal- lock. They will not leave their jobs for think that there will be a grateful Na- lenge the Republican leadership to do another because they do not want to tion that will acknowledge the work of is to simply bring up this bill in what leave this benefit behind. Certainly on the people in the 104th Congress if in we call a clean form, exactly the way the threshold of the 21st century, the fact we produce this for them. you described it and the way it was in- Congress of the United States would be Now, for those that are listening in, troduced, and not load onto it all kinds forward looking and say, We are more they are probably thinking, This of other things that may create con- than willing to catch up with what is sounds so simple. It sounds so sensible. troversy and make it difficult to pass. going on in society and allow our citi- What could ever stand in the way of One of the things that we have heard zens to take with them the benefit that this? There are always interests that they already enjoy and that they them- weigh in, certainly the health insurers is that in the Senate, Senators KASSE- selves are willing to pay for. in the country. BAUM and KENNEDY seem to have a So I think that is not only a very im- I think it is time that the Congress commitment from the Republican and portant principle to set down, but it look at the interests of the American the Democratic leadership to do ex- really is responding to what people people. Certainly we can listen to what actly that. When the bill comes up, as want. If the Congress itself wants to people’s concerns are, about what they I said, in mid-April or possibly late distinguish itself to the American peo- like or dislike about a bill. But then we April, they already have a commitment ple, I think we better be about their must move on. We are here for the peo- that there will not be any amend- business and to respond to what they ple of America. The Speaker sits in the ments. Somebody might offer an talk to us about every day. chair with the American flag behind amendment, but there is not going to I am a Californian, and I do not stay him. Over that it says, ‘‘In God we be any effort to allow those amend- in Washington on the weekend. As soon trust.’’ ments to succeed, not because you and as the bells go off, I race off to Dulles I would like to think that the Amer- I or others do not think that we should Airport to fly home to be with my con- ican people will say at the end of this go further and do more for health in- stituents. This issue of portability has process and this bill that we know the surance reform, because we do, but be- been spoken to and about tens of thou- President will sign, not as a Christmas cause we just know that these things sands of times just in my congressional tree, not diluted to be less than what it are basic and we do not want them district alone. is now, but that the American people cluttered up. This is not a Democratic issue, it is will say, ‘‘in the Congress we trust,’’ Now, on the other hand, if I could not a Republican issue. This is the peo- because they responded to what we just come back to the House for a H 1758 CONGRESSIONAL RECORD — HOUSE March 6, 1996 minute, what we are hearing in the to them, pay attention to what they So already, getting back to the point House from the Republican leadership are saying, and at least incrementally that myself and the gentlewoman from is very different. Just to give you some come out with the two things that this California made before, already there information, this was from yesterday’s very sensible bipartisan bill represents. are efforts on the part of the Repub- New York Times, and just to read a lit- So thanks again to my colleague. I lican leadership in the House to sort of tle bit, it says that the House Repub- think you are exactly what people sent muck up this bill and not bring the lican leaders said today they would you here to do, that you are sensible, clean bill to the floor that would sim- soon take up this bill, but they intend that you are caring, and that we want ply address the issues of portability to add provisions that are likely to to be effective and produce for the and limitations on preexisting condi- generate bitter, prolonged disputes in American people. After all, this is the tions. Congress. House of the people, this Chamber that We also understand that in another For example, they are talking about we are standing in. House committee, the House Ways and adding provisions dealing with medical Some of the greatest Americans have Means Committee, there may be an ef- malpractice, antitrust law, special sav- come and gone from this floor, have ad- fort to bring up a bill, H.R. 1610, by Mr. ings accounts for medical expenses, and dressed the Nation from that podium, THOMAS. That again is a much weaker tax deductions for the health insurance and I think that we are their political reform measure than the Roukema bill. costs of people who are self-employed. descendents and we would do well to What we are seeing here essentially is Again, we may or may not agree with remind ourselves of the greatness of in- the leadership in the House moving to those points, but they are, as you know dividuals of the past. try to enact provisions that are much being in the Commerce Committee, The reason that they were great was less reform-minded, if you will, than tremendously controversial. because they were good. Why were they the legislation that we have talked It says, in fact, in the article that good? Because they were effective. Why about today. the decision to add these provisions es- were they effective? It is because they I wanted to go back briefly to just sentially is made to placate conserv- produced things for the American peo- explain in a little more detail what ative House Republicans or to satisfy ple, and they are long in the American this legislation that was sponsored by people’s memory for what they accom- committee chairmen keenly interested Mrs. ROUKEMA would do and how im- in one provision or another. I honestly plished on their behalf. portant it is to the average American. I think that we can do the same believe, though, that the real motiva- Essentially what it is is a minimum thing, and I would call on the Speaker tion is to sabotage the bill because guarantee for all citizens with employ- and anyone else that is thinking of, ex- they know, the House Republican lead- ment-based health coverage, in other cuse the expression, mucking up the ership knows, as you and I know, that words, these are people that are buying bill or placing on it those things that insurance on the job or essentially get- these provisions are very controversial. will make it cave in, instead of shep- ting insurance through their employer, Many of them were hotly contested herding it across the finish line and that as long as they pay their pre- during the Medicaid, Medicare budget producing a great touchdown for Amer- miums, their health insurance can battle that we had for a year that was ica. never resolved, and I think it is impor- Thank you. never be taken away from them, tant for us to keep pointing out we Mr. PALLONE. Thank you. I just whether they change jobs, lose their want a clean bill. wanted to continue, if I could, to talk jobs, or get sick. We do not want, for the sake of those about some of the efforts, if you will, That is essentially what we are try- who are more conservative or those that are taking place even today to try ing to do. Exclusions for preexisting who are more liberal, to sort of muck to avoid Mrs. ROUKEMA’s bill from com- conditions would be limited. They can- up this bill, because it is so important ing to the floor in the clean form that not be reimposed on those with current that it move forward. we just talked about. coverage who change jobs or whose em- Ms. ESHOO. Would the gentleman First of all, in the Committee on ployers change insurance companies. yield for just a moment? Economic and Educational Opportuni- No employers who want to buy a pol- Mr. PALLONE. Sure. ties today a bill was reported out by icy for their employees can be turned Ms. ESHOO. I think as people are Mr. FAWELL of Illinois instead of the down because of the health of their em- tuned in and hopefully listening and Roukema bill that we just discussed. In ployees. No employees can be excluded finding this, our conversation, enlight- fact, there was an effort by the Demo- from an employer’s policy because they ening, the reason why we point out, ex- crats on the committee to simply pose have higher than average health care cuse the expression, the ying and yang an amendment that would move the costs, and cancellation of policies will of this, is that what has taken place in Roukema bill or take up the Roukema be prohibited for those who continue to the Senate around this bipartisan bill bill, and that was defeated along par- pay their premiums. Any employee los- and the promise to keep it clean is to tisan lines, the Democrats voting for ing group coverage because they leave keep it uncomplicated. it, the Republicans against it. their job or for any other reason would With the ingredients that are already The Fawell bill, if you will, that was be guaranteed the right to buy an indi- there, they are winning ingredients. We actually reported out of the Committee vidual policy. know that a souffle only rises once, on Economic and Educational Opportu- Now, again, the Roukema bill, H.R. and so we want to capture that oppor- nities does not include the Roukema 2893, to get a little more specific, would tunity. For that set of ingredients that bill’s protections for individuals who prohibit insurers and employers from has been agreed to and I think will have been laid off or retired and are limiting or denying coverage under breed the success that we are looking trying to purchase health insurance for group plans for more than 12 months for, these two major, important health themselves. It also contains weaker for a medical condition that was diag- care reforms for the people of America, provisions with respect to protecting nosed or treated during the previous 6 that we duplicate that recipe and those individuals against being denied health months. So, in other words, if you have ingredients in the House. care due to preexisting conditions. coverage now, I will use the example of If in fact other ingredients are Another shortcoming, if you will, of a cancer patient. thrown into this so that the souffle the Fawell bill includes provisions that If you are working, for example, for does not rise, then I do not think it is would threaten State reform initia- General Motors and when you are there difficult to predict. We will lumber to- tives designed to increase access and working you discover that you have ward the end of the 104th Congress, I affordability in the health insurance cancer and you have to have treat- think, with egg on the face, most market. Basically this deals with the ment, be treated for cancer, and 6 frankly, because the American people whole issue of ERISA, where the Fed- months later you were to change jobs are exhausted with the partisanship eral Government essentially preempts and while you are still undergoing that comes around these life issues and any State efforts to improve access or treatment and move to, for example, to what secures their family. to do more, if you will, in terms of Ford Motor Co. and start working They do not want to hear these kind health insurance reform than the Fed- there, well, essentially the new com- of debates. They want us to stand next eral Government might do. pany would only be allowed to exclude March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1759 you from coverage at most over a life- is very much supportive of the Rou- included Senator Muskie as well as time of 12 months. So that maybe for kema bill. Senator Hathaway, both very well re- the first 6 months, there would not be What we are saying essentially, and I spected Members of the U.S. Senate, the guarantee of health coverage once cannot reiterate it enough, is that in also Congressman Emery and Congress- you change jobs, but there would be this Congress so far nothing really has man OLYMPIA SNOWE of Maine who after those 6 months. been accomplished to move us toward were representing the State of Maine Now, again, those of us who believe health care reform, and even with the in the House of Representatives. And that there should be universal coverage battle over Medicare and Medicaid and knowing and having met these individ- and that you should not be able to ex- the budget battles that continue, it is uals on a personal basis was, of course, clude anybody at any time would say not likely that there is going to be a very special experience for myself as that even that is not enough. But at much resolution of those issues and a recent graduate of college and as a least to guarantee that, that a person those programs. But at least, if we can law student, and I took particular no- for the most can be excluded for only 12 achieve modest health insurance re- tice of the fact that at that time the months, is a significant change in the form on the issues of portability and on Congress was grappling with the issue law from what you are guaranteed the issue of preexisting conditions, of the Federal budget. right now. then we will have accomplished some- In fact I believe it was 1975; it was Also, denial of individual coverage to thing, and there is a need for biparti- very significant in the sense that Con- workers losing group coverage that san cooperation to at least achieve gress passed the Budget Reform Act have had it for at least 18 months those modest goals as we continue to which was attempting to address what would also be prohibited. I do not want work toward the ultimate goal of uni- was then viewed as a systemic problem to get into all the specific details, but versal coverage and affordable quality in the Congress, in the U.S. Govern- essentially it is a significant improve- health care for all. ment, in terms of how we really dealt ment from the way the law now reads. So with that, I would just like to with managing the spending of the The other thing that I wanted to conclude this special order today, but Federal Government, and in that year point out today is that our Democratic point out that we are going to continue we created the House Committee on caucus health care task force, which is to press that the Roukema bill be the Budget in the House of Representa- supportive of the Roukema bill and brought to the floor as a clean bill and tives, in this Chamber, and we also cre- which has sort of spearheaded the ef- oppose any efforts to try to prevent its ated the Senate Budget Committee, fort to try to get the many Democratic adoption in this Congress and its ulti- and 1975 also marked the establishment cosponsors that we now have for the mately being signed into law by Presi- of the Congressional Budget Office bill, about 171, we developed about 6 dent Clinton who has repeatedly stated which was to be a special office of the months ago a set of principles on that he will sign the bill and that he Congress that was going to be geared health care reform which is essentially supports this very modest health care to address fiscal issues in this country guiding what we do in this Congress. insurance reform. and provide honest advice, nonpartisan The two goals that we set forth in our f advice, to those of us here in Washing- Democratic principles of health care ton who were attempting to deal with BALANCING THE BUDGET reform that are really most important the issue of how to control Federal are, first, that Democrats remain com- The SPEAKER pro tempore (Mr. spending. mitted to universal coverage for all LATOURETTE). Under the Speaker’s an- I mention that because at that point Americans and, second, that Demo- nounced policy of May 12, 1995, the gen- the Federal debt was somewhere below crats remain committed to assure that tleman from Maine [Mr. LONGLEY] is a trillion, possibly about a half a tril- high quality health care is affordable recognized for 60 minutes as the des- lion dollars, and yet is was still viewed, for all. ignee of the majority leader. the national debt was still viewed, as a So essentially what our task force Mr. LONGLEY. Mr. Speaker, it is a serious potential crisis, and the level of principles say is that we will support privilege to be here in the House this federal spending and the deficits were any proposals which move the Nation afternoon, and I would like to discuss also viewed as a crisis. closer to these goals of universal cov- one of the aspects of the budget debate Now mind you that was almost 20 erage and high quality health care that that I think we have not been paying years ago, but as a country we had ac- is affordable for all, and we will oppose enough attention to, and that is that, cumulated a record of unbalanced proposals which move the Nation fur- and I know that there is a great deal of budgets, of running deficits, that were ther away from those goals. For that concern amongst the public in terms of exceeding the prior 30 or 40 years. reason we have been very much op- what is really happening in Washing- I believe that presently, here in 1996, posed to the cuts and changes in Medi- ton, and I guess I have got some reas- I have been advised that we have only care and Medicaid that the Republican suring news. balanced our Federal budget in 9 or 10 leadership has proposed as part of its The reassuring news in that I think of the last 60 years, and clearly we budget recommendations in 1995 and this Congress has succeeded in stopping have almost 50 years, going back 60 that continue into 1996. the spending train in Washington dead years where we did not balance the At the same time, though, the prin- in its tracks, and in all honesty I wish budget, and so 20 years ago, to put this ciples that are incorporated in the that we could have done it in, perhaps, in context, we had acquired a record of Roukema bill which we talked about a cleaner and a more polished manner. unbalanced budgets, felt it was a seri- on the floor today, the principles that But I would like to offer a little bit ous crisis, needed to act on it. And basically limit exclusion for preexist- of historical perspective on some of the again I need to underscore that that ing conditions and the principles that difficulties that we have been facing, was 20 years ago. allow you to carry your health insur- and what this Congress really means, I had another personal connection in ance with you from one job to the particularly in comparison to prior this issue, and that was that the fol- other, so to speak, these are principles Congresses, and what prior Congresses lowing year, in 1976, Governor Longley that move us in the direction, if you have attempted to do to control spend- was appointed as one of the first na- will, of universal coverage and more ing, and I would like to go back to 1975. tional cochairmen of the Committee high quality coverage that is afford- 1975 was the year that my father was for a Balanced Budget Amendment, and able. elected Governor of Maine, Governor so against a member of my family, Longley. He was an independent, and I somebody that I love very much was b 1645 had just graduated from college, was given this responsibility of calling the That is not to say that these are the doing some volunteer work, not only in country’s attention to the crisis that answers and that these are going to his campaign, but later in his term of our budget deficits represented. necessarily achieve universal coverage office, and at that point first became Now I mention that as backdrop to or affordable health care, but at least personally aware and met many of the the fact that I asked Greg Winter of they move us in that direction, and members of the Maine congressional my staff to go back and look at the that is why our health care task force delegation, which at that point, in 1975, major congressional actions taken to H 1760 CONGRESSIONAL RECORD — HOUSE March 6, 1996 deal with the budget crisis and give me The deficit is the symptom; spending is amounts of increases, and in fact, as a breakdown of the different acts and the issue. And controlling spending has you can see looking at these numbers what they might represent, and I am become, I think, a priority in this Con- in the spending line, we have got stunned to discover that going back gress. spending increases of $350 billion from just to 1980 there have been 16 major But something else is important to the year 1995 to the year 2002. Spending pieces of legislation designed to deal understand. Many of these pieces of is continuing to go up. And you are with the Federal budget crisis. legislation contain fiscal notes that right on the money with what you are In 1980 we passed, the Congress called for in some cases revenue in- talking about, that the real goal here passed, the Omnibus Reconciliation creases, in many cases spending cuts. needs to be to get the net revenues into Act. 1981, we passed the Omnibus Budg- But when you look at the actual num- line with the amount of spending that et Reconciliation Act. In fact that title bers, the fact of the matter is that in we are doing. That is how you get to a became so popular that we later passed no single year over the last 16 years balanced budget. six additional acts with that same title has the Federal Government ever re- b 1700 over the last 15 years. And of course in duced spending, and by that I mean ac- 1982 we had the Tax Equity and Fiscal tually spent less money in 1 year than The way to get a balanced budget is Responsibility Act. It is famously it had spent in the prior year. to control the amount of money that known as TEFRA to nearly every ac- And the message is clear, that spend- you were spending out here. In fact, countant in the United States. 1983, we ing has continued to increase unabated that is what the Republican plan would passed Social Security amendments for the last 16 years, despite the fact have done had it been signed into law again designed to deal with controlling that we have had 16 major pieces of leg- by the President. Of course, it was the growth of spending particularly in islation designed to deal with reducing most recently vetoed. I think it is real the Social Security System and to spending so that we could get spending important to know that that spending bring the revenues at that point which in line with revenues and work towards and bringing that spending into line is were under threat based on the increas- balancing the budget. what is absolutely essential. ing payments, it was felt 12 years ago The point that I would like to make, Again, when we look at this chart, we that we needed to act to protect the in- and I see that Representative NEUMAN see revenues of 1.356 or $1,356 billion tegrity of Social Security. 1984, we had has come into the Chamber, and I today, going all the way to 1,841. The the Deficit Reduction Act, and then in would just end with this one comment problem with charts like this one I 1985 we had the Balanced Budget and and then perhaps ask for some com- have in my hand here is there are so Emergency Deficit Control Act. In fact ments from the gentleman from Wis- many numbers in my charts that we some of these titles actually become consin, Mr. NEUMANN. But the point lose sight of what this really means. somewhat ridiculous. We have the Om- that I would make is this: What this really means, it is not about nibus Reconciliation Act of 1986, and I think many of us who were just these numbers. It is about the next then the following year, in 1987, the elected to this body realize in hind- generation of Americans. It is about Balanced Budget and Emergency Defi- sight that this Congress, albeit well in- our children, it is about our grand- cit Control Reaffirmation Act. tentioned, was focusing on the wrong children. In fact in audiences, as I have spoken aspects of the problem and was at- If we do not accomplish this, the pic- to audiences in my district, I have tempting to deal with the symptom; ture is not very bright for our children. joked that the only thing that we have i.e., the deficits, and not the fundamen- But if we manage to bring this about, missed in the last 18 years is the words tal problem which was overspending; it opens all kinds of opportunities for really, really, really serious about bal- and the second recognition that we all our children that absolutely were not ancing the budget act, and the under- have is that what we have seen truly is there before. Balancing the budget, ac- scores, I think, a great concern that a failure of will, a failure of Congress cording to Alan Greenspan, means a 2- many of us have, and I know that the to insist on the measures that were percent reduction in the interest rates. public and certainly this Member feels necessary to actually bring revenues in That means our children, that means very strongly that we need to work to- line with expenditures, and I would young Americans, get to buy homes gether, Democrats and Republicans, to suggest that one of the major mistakes and get to buy cars. deal with this important issue. Bal- that we want to avoid, that this Con- Mr. Speaker, what a lot of people for- ancing the budget should not be a par- gress wants to avoid, is that it would get when they go down this road of dis- tisan political issue. be very easy for us to enter into a look cussion is that when these young peo- But I also have to say that there good, feel good agreement with the ad- ple buy homes and when they buy cars, comes a time when you must focus on ministration on a budget, and we could somebody is going to be building those what your objectives are, and unfortu- all hold news conferences and pat each homes and somebody is going to be nately partisan fights do arise and other on the back. But unlike prior putting those cars together and build- occur, and maybe sometimes for good congresses, none of us wants to be in a ing those automobiles. That means reason, but I would point out that in position where in 10 or 20 years we find jobs. So we are not only talking about looking at these 16 pieces of legislation out that our children are really paying the ability for them to live the Amer- that were passed that each of the par- the bill. ican dream, to own their own home, we ties at different times supported 12 of And I notice that the gentleman from are really talking about them being the 16 acts, and on 8 instances majori- Wisconsin, Mr. NEUMAN is here, and, able to live the American dream and ties of each party in this Congress sup- MARK, welcome to this special order. have a job that allows them to work ported the acts, which basically means Mr. NEUMANN. I will just carry on a and provide for their families. This is that both majorities, of both the little bit on just what you were just truly the opportunity to achieve the Democrats in the Congress and Repub- saying here, that when I go home to American dream. licans in the Congress, passed or sup- our district, and I turn on my TV set, This is absolutely essential. These ported 8 of the 16 acts, and, as I indi- and I hear about cut, cut, cut, cut, and numbers are nice, but it is not about cated, the Republican Party per se sup- then I come back out here to Washing- numbers. It is about our children and ported 12 of the 16 pieces of legislation, ton, and I take a look at the numbers, the opportunities they have here in and the Democrats supported, again and the numbers are not going down, America. It is about keeping our jobs also supported, 12 of the 16, and in 8 of they are going up in spending; spending here at home instead of watching them those years they were in agreement in today is about $1530 billion or about to overseas. It is about the job opportu- passing these bills. $1.530 trillion, and by the year 2002 that nities and the opportunities to live the Now what was the problem? Well, I spending is slated to go all the way up American dream. That is what this think, first of all, the focus was on the to 1.8 or $1,835 billion. chart is really all about. deficit, and when you get right down to So when people talk about these Mr. LONGLEY. That is very impor- it, I think that one of the lessons that spending cuts, I think it is important tant. we have learned in the last 2 years is to note that they are not cuts in spend- Mr. Speaker, I yield to the gentleman that the deficit per se is not the issue. ing. What they are is reductions in the from Connecticut [Mr. SHAYS]. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1761 Mr. SHAYS. I thank the gentleman Mr. KINGSTON. I think it is impor- But they say they do not want that, for making sure we kept this time. tant to follow up that comment, Mr. as if they want to balance the budget. Mr. Speaker, this is an extraordinary Speaker, in saying that that interest The crazy thing is they want to still opportunity that we have to just really does not pay down one dime of the balance the budget in 7 years without a clarify certain issues and just make principal, that people will still con- tax cut, so it means that they are sure that we are all focused on our ulti- tinue to pay all the other taxes in- going to spend the money that we save mate objectives. We want to get our fi- volved in it. The gentleman from Wis- for a tax cut, they are going to take nancial house in order and balance the consin [Mr. NEUMANN], has said that and spend it for more government. So budget, and we want to save our trust two reasons, real quickly, to balance they are not balancing the budget any funds, particularly Medicare, from the budget is it saves America from sooner. They are just making govern- bankruptcy. We thought they were economic disaster. We are paying al- ment larger than we would make it. going to start to go insolvent and be most $20 billion each month in the in- Mr. NEUMANN. Mr. Speaker, if the bankrupt in the year 2002, if we did not terest on the debt already. Nations gentleman will yield, I think that do anything. Now we learn it started to cannot survive with that much debt point is so important. I have found go insolvent last year, and will be service. that to be such a big misconception, bankrupt just at the turn of the cen- No. 2, the gentleman had said that talking to folks here in Washington tury, so we have some heavy lifting to there is a great interest or dividend in versus talking to folks at our town hall do to save our Medicare plan for sen- terms of the homeowner. If you have a meetings back in Wisconsin. The peo- iors, even present-day seniors. 30-year home mortgage for a $75,000 ple back in Wisconsin think if we do Then that third issue, and it all re- house, a 2-percent drop in interest not do the tax cuts, that means we will lates, we want to transform this care- rates, which is what the Federal Re- borrow less of our children’s money taking social, corporate, even farming serve would estimate balancing the and get to a balanced budget sooner. If welfare state into what we would call a budget would bring permanently, that were the case, I would sure listen caring opportunity society. We want to bringing lower interest rates perma- to that argument. help people kind of grow the seeds in- nently, that would mean $37,000 less But that is not what is being talked stead of just hand them the food. that American homeowners would pay about here in Washington. That is Wis- Mr. Speaker, the gentleman related on that mortgage. If it is a $15,000 car consin. Out here in Washington what it so well to our children. It is amazing loan, American consumers would pay we want to do or what is being dis- to me that in the last 22 years we have $900 less. cussed is getting rid of the tax cuts and allowed the national debt to increase 10 One thing that the gentleman from spending the money on more bureau- times, from about $430 billion in 1974 to Wisconsin [Mr. NEUMANN] did not men- cratic programs here in Washington. about $4,900 billion; just 22 years in a tion, a third reason you want to bal- That I am opposed to. time of relative peace. There it is. It is ance the budget is because it will lower If we talk about what the Wisconsin growth out of control. In that case you your taxes. Middle-class America right people think we maybe ought to be are doing it from 1960. But if we notice now has gone from paying about 5 per- thinking about doing, and that is get- the number of 1975, down there, it just cent Federal income tax in the 1950’s ting to a balanced budget sooner and starts to go up at an alarming rate. to, currently, 24 percent. In all State, borrowing less of our children’s money, I think former Prime Minister Rabin, local, and Federal taxes, middle in- that is a good discussion. But that is who was assassinated, he was a politi- come, it is about 45 percent for Ameri- absolutely not the discussion going on cian, and he used to enjoy telling peo- cans now. If President Clinton had not ple and reminding all politicians out here in Washington. The discussion vetoed our bill this April, this April, 6 out here is totally centered around if around the world that elected officials weeks from now, Americans who have we do not do the tax cuts, then we get are elected by adults to represent the children would have $500 in their wal- to spend more money, like somehow children. We are going to be judged on let. our success on what kind of world we Mr. SHAYS. Per child. that money belongs to us. That is not leave our kids. The kind of world we Mr. KINGSTON. In their wallet, right our money. That is the American tax- are leaving our kids is not a hopeful here. I do not know how many Amer- payers’ money. It is our children’s one unless we get this incredible run- ican families would benefit from that money that we are borrowing here. It away debt in line. in Maine or the other States, but I can is not our money to spend. I thank you for letting me share this promise you, in Georgia it would mean Mr. KINGSTON. Mr. Speaker, if the time with you which you have claimed, a tremendous amount. That is real gentleman will yield, one thing that is and I am grateful you have. money. The gentleman from Wisconsin very important for us to remember, Mr. LONGLEY. Mr. Speaker, I would [Mr. NEUMANN] said let us get off the and I believe all four of us here worked just add to that particularly with ref- chart. That is what we are talking for that lockbox provision in an appro- erence to the chart of the gentleman about, a $500 per child tax credit in priations bill that said when you re- from Wisconsin, [Mr. NEUMANN,] that your wallet today. duce spending by x amount of dollars, what we do not hear our attackers say- Mr. SHAYS. If you had three children that money goes to deficit reduction, ing, and we hear an awful lot about, for you would get $1,500. It is important to rather than just being unearmarked instance, how much money we are point out, we did not just have a tax and open for the general budget to going to be spending on medical care cut without paying for it. The way we spend any way you want. for our senior citizens, and believe me, pay for it is cut government spending What is so important about that is that is a very important priority; but or slow the growth of some programs in the Washington liberals and the admin- what our attackers do not acknowledge order to afford to reduce taxes by prob- istration fought that lockbox provi- is that there is one program for which ably about $180 billion by the time we sion, and now we have been unable to we will pay more money in the next 7 ultimately have an agreement with the pass that. It passed out of the House, years than we will spend on medical President. If we do, it is in that range, but we cannot get it out of the Senate care for our seniors. That is interest on we want it about $240. because of the Washington liberals the Federal debt. That $140 billion was paid for by re- fighting it. I think that the public would be ab- ducing government more so we could That is the very thing people in Wis- solutely amazed to learn that we will afford that tax cut. consin are saying. If you are going to spend more money on interest on the The thing that just simply amazes put that $500 directly into deficit re- Federal debt in the next 7 years under me is we have some of our colleagues duction, that is one thing, but we know any of the programs being discussed who say, ‘‘I want to balance the budg- what it is going to do is to feather the than we will spend on medical care for et, but I do not want a tax cut for the bed of another bureaucracy, and an- our seniors. That is how critical the wealthy,’’ quote unquote. The irony of other bureaucrat is going to spend it. issue has become. that is that our $500 tax credit is going Mr. LONGLEY. Mr. Speaker, this Mr. Speaker, I notice the gentleman to families who make less than $75,000. goes back to a point that I attempted from Georgia. [Mr. KINGSTON], has ar- That is the bulk of our tax cut. They to make before each of the Members rived, and I yield to him. are hardly wealthy people. arrived on the floor. H 1762 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Mr. SHAYS. You mean while we were beginning of the deal and the savings what this Government is doing to their running to get over here, when you or the cuts came later, and then that lives and the lives of their children. took over the floor? was the time for a new Congress to Not only is it immoral to make our Mr. LONGLEY. I had gone back, ac- come in, and the cuts never happened. kids and grandkids pay our bills today, tually, and I had mentioned 1975 and Mr. LONGLEY. It is even worse than like they are not going to have their Senator Muskie’s appointment as that, I would say to the gentleman. own problems when they grow up, but chairman of the Senate Committee on The revenue increases always happen. it is tremendously negative on the the Budget, and that was the year the The spending cuts, reductions, never economy, because our demand for House Committee on the Budget was happen. There had never been a cut in money, for more borrowing, has driven established and the Congressional Federal spending in the last 15 years. up interest rates by 2 percent. Budget Office was established, because The Federal Government has consist- Mr. KINGSTON. One of the things I 20 years ago we viewed the debt and ently spent more money each year wanted to point out is that on the spending as a serious problem, and we than it did in the prior year. All of the chart that the gentleman from Wiscon- created special committees to deal talk about spending cuts or spending sin [Mr. NEUMANN] showed us earlier, with it. Yet, 20 years later, we are still reductions was part of the hypothetical there is an urgency. When you have a struggling with the same issue. wherein you created an artificial level Federal budget that has been going Mr. SHAYS. In fact, it has gotten of increase, then said you were going to like this, or excuse me, a deficit, and much worse. reduce the artificial increase, but you then it goes like that, people have said Mr. LONGLEY. What has been amaz- did not tell people that you were not particularly to the freshmen, ‘‘You are ing to me is, as I mentioned, from 1980 cutting, you were still increasing going too far too fast.’’ I disagree. forward, there have been 16 major spending. When it is the third largest expendi- pieces of legislation. Most of this legis- Mr. SHAYS. If the gentleman will ture in the national budget, the na- lation passed on a strong bipartisan yield, this is just an exact cir- tional debt—— basis. I do not say this to be critical. cumstance. When I was first elected in Mr. SHAYS. If you can clarify. Mr. SHAYS. What was this legisla- 1987 I kept hearing that we were cut- Mr. KINGSTON. I am trying to turn tion intended to do? ting spending, and we actually had this thing around. If you are trying to Mr. LONGLEY. To reconcile spend- bills that said we were cutting spend- balance this budget and bring down ing. ing. I would go back to my district and that orange peak line, what you are Mr. SHAYS. It is more process-ori- say, ‘‘We cut so much.’’ At one commu- trying to do is do it in 7 years. The ented? nity meeting someone said, ‘‘Young folks back home, the business people I Mr. LONGLEY. The Omnibus Rec- man,’’ and I was younger then, ‘‘how know say, ‘‘Why can’t you do it in 1 onciliation Act. There were seven om- come the budget keeps going up?’’ A year?’’ President Clinton as a can- nibus budget reconciliation acts. We good question. didate on June 4, 1992, promised to do had a Balanced Budget and Emergency I went back to my office, and we it in 4 years. Deficit and Control Act. Then we later learned about this amazing thing that b 1715 had a Balanced Budget and Emergency started to happen in 1974, which was Deficit Control Reaffirmation Act. We called baseline budgeting. We spent I believe we should be arguing, is 7 literally had everything except the we $100 billion this year, and then they years not waiting too long? Should we are really, really, really serious about said it would cost to run the same level not try to balance it in 3 or years? In- controlling spending act. of service $105 billion and Congress deed I supported the balance that the I just checked this afternoon the spent $103 billion, and they would call gentleman from Wisconsin [Mr. NEU- yearly rates of increase in Federal that a $2 billion cut, even though we MANN] had, which was a 5-year. spending in the 1980’s. I say this, were spending $3 billion more. Mr. NEUMANN. I would just add on whether we are Republican or Demo- One of the things I hope we do in this that, it is possible to do this even fast- crat, let us deal with the facts. The special order is to really just talk er than 7. Seven is a compromise that facts are that spending increased at about where are we cutting, where are is putting off how long it takes us be- tremendous rates during the 1980’s. we freezing, and where are we allowing fore we start this line going back in Yet, at the same time, we had Congress growth to continue to grow, quite the other direction. working together on a bipartisan basis, frankly, at a significant rate. Again, this line shows the growth in probably everyone believing they were I know our colleague from Michigan, the Federal debt over the past years, trying to do the right thing, but what Mr. SMITH, is here. I don’t know if he and we are on a steep incline. I told my they were trying to do is, frankly, nib- wants to be on theme. If he is going to folks back home at the town hall meet- ble around the edges of the problem. be on theme, we would welcome him to ings that my goal was to someday We were tinkering with Social Secu- participate. stand before them, my dream for the rity, we were tinkering with retire- Mr. KINGSTON. He is always on future of this country, and say, yes, ment programs, we were tinkering with theme. here is what we have done in Congress. details of the bureaucracy. We were Mr. SMITH of Michigan. Mr. Speak- We have stopped that growth and we talking about spending cuts, but yet, er, if the gentleman from Maine will have started it back down again so my research tells me there is not a sin- yield, I think the theme is to remind that our children have a future in this gle year in the last 20 years, if any ourselves how bad it is for not only country of ours. That is my goal for my even in the history of this country, making our kids and our grandkids pay service here. where the Federal Government has all this overspending and what we bor- Mr. LONGLEY. If the gentleman spent less in 1 year than it has spent in row back, but it is also tremendously would yield, if I could add to what he is the prior year. negative on the economy. So what we saying, and I do not have a chart to go Mr. SHAYS. Really what the gen- have said is such things as a child born with it, but I also added up the, quote, tleman is describing, if the gentleman today is going to have to pay $187,000 in ‘‘Tax increases that were called for in will yield, he is describing a situation their lifetime just to pay their share of these 16 pieces of legislation.’’ where people think we have a revenue the interest on the national debt. Mr. SHAYS. Does the gentleman problem, and we know that we have a Mr. SHAYS. Not to pay back the na- mean since 1984? spending problem. Revenue keeps going tional debt, just to pay the carrying Mr. LONGLEY. Since 1980. Theoreti- up every year. It is just that our spend- charge. cally Congress has only raised taxes by ing is going up by a greater amount. Mr. SMITH of Michigan. Just to pay just about $500 billion over the last 16 Mr. KINGSTON. I think it is also im- their share of the interest. It is time years. The reality is we have increased portant, Mr. Speaker, that as an out- everybody, that is, however you want spending somewhere in the vicinity, in sider, I am relatively new to Congress, to put it, you are a young man rel- other words, if one took the baseline but it looks to me that every time Con- atively, I would say to the gentleman approach which was at $590 billion a gress has made a deal in a bipartisan from Connecticut [Mr. SHAYS], but ev- year in 1980 and carried that forward, fashion, the tax increase came at the erybody had better start looking at despite officially raising taxes only by March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1763 $500 billion, there has been over $5 tril- The fact is the earned income tax funds, the disability fund, the Medicare lion of increased spending. credit is going up, the School Lunch fund, and the Social Security retire- What is going on? What has really Program is, the student loan, and Med- ment income fund were all going happened is because much of the tax icaid. Medicaid is going from $89 bil- broke. Specifically they projected that system is on a percentage basis, we lion, which it was last year, to $127 bil- the disability fund was going to be have built in automatic tax increases lion. broke last year, that the Medicare fund into the Tax Code that generate more Medicare is growing from last year, would be broke in 2002, and when I say and more revenue every year, whether $178 billion to $289 billion. We are going broke, there would not be a nickel left or not the tax increases were legis- to spend 7 percent more each year on in it, and that the general trust fund lated. Then on top of those increases, Medicare, we are going to spend 60 per- for Social Security would be broke as we have added additional increases in cent more in the seventh year than we early as 2029. taxes in a manner that has always pro- did now. And on a per beneficiary, be- I have a number of insurance and fi- tected the Government, always made cause everybody says we have more nancial companies in my district. I the Government look as if we were the seniors, you have more seniors, but checked with some of the professional innocent party. even if we take all the seniors, we are economists and they said that the pri- Mr. SHAYS. The bottom line to this going from $4,800 to $7,100 in the sev- vate projections are that Social Secu- issue, though, is that revenues are in- enth year, $7,100 per senior, a 49 per- rity could be broke as early as 2010. creasing significantly, and the chal- cent increase in the seventh year over I say to people, when you have an of- lenge is that expenses are increasing now. Hardly a cut. ficial report, signed by the Secretary of even at a greater amount. We need to Mr. SMITH of Michigan. If the gen- Treasury, the Secretary of Health and start to slow the growth of spending. tleman will yield, when I go to my Human Services, and the Secretary of I am seeing where the gentleman town hall meetings, and you can pic- Labor telling you that three major So- from Michigan [Mr. SMITH] is, and basi- ture that group of people out there cial Security trust funds that the pub- cally the minority has accused us of, that are having a hard time with their lic depends on, particularly the Medi- say, cutting the earned income tax own budgets, they start saying when care fund, which right now is a very credit, which is a tax credit that was we hear what the gentleman from Con- critical program for our senior citizens, designed to help working poor, transi- necticut [Mr. SHAYS] has just said: when you are told by your Government tion them to a point where they are ac- ‘‘Well, why aren’t you cutting faster? that the program is going bankrupt, tually making enough to not be poor. Why don’t you cut more? Why are you what do you do? They do not pay any taxes, they actu- spreading it out so long?’’ Then I told people that when I came ally get a credit back from the Govern- Then they hear that even with the to Washington, I had people seriously ment. Republican plan we are still borrowing tell me, ‘‘Don’t worry about it, they We are expanding that program. But $100 billion a year, even at the end of 7 say that every year.’’ When I go back this is what we are being told. We are years, from Social Security and the to my district, they are astounded. being told that we are cutting the other trust funds. But I go one step further. It turns earned income tax credit, that we are Mr. SHAYS. We will still be borrow- out, in the middle of this budget crisis, cutting the School Lunch Program, ing from the trust funds, the gen- that as early as November, that the that we are cutting the student loan tleman is right. Medicare trust fund went into deficit a program, that we are cutting Medicaid Mr. SMITH of Michigan. They say, year earlier than it was projected be- and Medicare. That is what we are ‘‘Look, you’ve got to do better than cause spending was almost $5.5 billion being told, and they call it a cut. this.’’ more than the trustees had estimated, This is what is happening. Our bill Is it not sad that we cannot get some and we did not even hear about it. increases the earned income tax credit of the liberals, the President of the I have to question who is in control from $19 to $25 billion. It increases the United States, to say, Yes, we are and why are they not being truthful School Lunch Program from $5.2 to $6.8 going to do the right for the future and with us about the nature of the prob- billion in the seventh year. The stu- we are going to stop playing political lem we are trying to confront? dent loan program, and that is the one games? It is so frustrating that we can- Then I say to my audiences, particu- that really gets me, is going from $24 not cut some of this spending and larly in my district, young and old to $36 billion. Only in this place and in make this economy stronger, and leave alike, a lot of business people, individ- this city when you spend 50 percent our kids a paid-off mortgage rather uals, I say, Now what do you do if you more, it is $24 billion now, we are going than the big debt. are in that situation? Let me tell you to add $12 billion to be $36 billion in the Mr. LONGLEY. Just to pick up on the piece that is not being talked about seventh year, do people call it a cut. one example, I think if someone asked when it relates to Medicare reform. Mr. NEUMANN. If the gentleman will me what has bothered me the most per- We are hearing all the attack ads yield, I would like to ask the gen- haps since I came to Washington, I about Medicare and we are being ac- tleman a question, again, that I ask at have to say the lack of honesty, the cused of just the most cold-blooded ac- all the townhall meetings. You talked lack of directness, being candid about tions that anyone could conceive of, about the student loans, you used the the difficult issues that we are con- putting our seniors on the street, et $24 billion and $36 billion numbers. I fronting. cetera. Nonsense. Clear scare tactics would like to ask how many of the Mr. SHAYS. The gentleman likes designed to prey on a very vulnerable American people would be willing to that Maine honesty. You want people population. accept a pay cut from $2,400 a month to in here to speak like the people in I say, put those attacks aside. Who is $3,600 a month. Let me ask that ques- Maine. talking about what our alternatives tion again. How many would like a pay Mr. LONGLEY. It is hard, I think, for are? What happens if we do not do what cut from $2,400 to $3,600? people across the United States to rec- we are trying to do? Let me tell you Mr. SHAYS. In other words, a 50-per- ognize the extent to which people in the options. I say this to an audience, cent increase. I think we would all like this body frankly can become so clever Anybody here in favor of cutting bene- it, especially if we could get away with with language and words that they fits? Nobody responds. calling it a cut. have made an art form out of disguis- How about doubling or tripling pay- I am not proud that there are certain ing the truth. As an example, let us roll taxes? And have we forgotten that parts of the Government that are going just take the Medicare situation. barely 2 years ago the administration up. I would like to be able to get a bet- I campaigned 2 years ago on the fact had a request on the table in the Com- ter handle on spending. It is just that I that the Social Security trustees, and mittee on Ways and Means to increase think if you tell the American people this was in 1994, actually 1993 and 1994, payroll taxes by 10 cents a dollar of the truth, they will tell you to do the that the Social Security trustees had wages? I say, Anybody here think that right thing. If you kind of obfuscate it reported that the system was in serious increasing payroll taxes or doubling or and you distort it, they are going to difficulty, and in 1994 they projected tripling them is going to solve the give you a mixed signal back. that the three major Social Security problem? H 1764 CONGRESSIONAL RECORD — HOUSE March 6, 1996 That would just be wonderful for em- equal to or better, and the way they parents can continue to receive these ployment, because what also happened are going to attract them is by provid- benefits. in the middle of this debate is AT&T ing eye care or dental care, prescrip- We would be totally out of line to laid off 40,000 workers, and across the tion drugs, allow copayment rebate or allow the Medicare system just to con- country it has become an epidemic for deductible rebate or even give tinue down the road it is going down large companies and small companies MidiGap. right now. I care too much about to realize they cannot afford to pay the Mr. LONGLEY. If the gentleman will Tom’s parents and George’s parents tax burden and the liability burden yield, more astounding, we are actually and the other parents like them across that Government is imposing on them increasing spending on the program, in our district. for the workers they are hiring. that the average payment per bene- Mr. LONGLEY. Not only that, it is Mr. SHAYS. So what is the bottom ficiary this year is $4,800 a year and clear that we have people in this city line? within 7 years it is going to exceed who have made a career out of taking Mr. LONGLEY. First let me tell what $7,000 a year. That is actually a more and more and more money from the third option is. We ruled out cut- healthier rate of increase than the ad- the public for their purposes, not for ting benefits, we ruled out increasing ministration itself proposed. the public’s purposes. payroll taxes. If anything, we said, we What we are going to be doing, and Mr. SMITH of Michigan. Mr. Speak- need to reduce payroll taxes and lower this is what will save the program, is er, I think there are a lot of people the tax burden, particularly on work- that we will be running it more effi- watching maybe that are saying, well, ing people. ciently, managing it better, giving look, you are the Congress of the Unit- The third option is, we will borrow more people control over their health ed States. You have the majority. Why the money. We will borrow our way out care and eliminating a lot of fraud and do you not do it? What has happened is of the crisis. Then I tell them that do waste, particularly as it relates to un- Congress has given away the ability to you know that we are going to be duly burdensome regulatory struc- control spending over the last 40 years. spending more money on interest on tures. We are going to run a better pro- We have, in effect, passed into law so- the Federal debt in the next 7 years gram, we are going to be providing called entitlement programs that say than anyone is going to spend on Medi- more money for the beneficiaries, they the money is going to be there auto- care? are going to have more choices and, matically without being appropriated Of course we reject those three op- frankly, we will be able to do it in a on a yearly basis from Congress, and so tions out of hand because not a single manner that will bring revenues in line into these laws of food stamps and one of them deals with the real prob- with expenses. AFDC—— lem. In fact, every single one of those Mr. SHAYS. Before the gentleman Mr. SHAYS. Basically, it is half the measures creates more problems than yields to my colleague, I just want to budget. it solves. make sure that we cover this, because Mr. SMITH of Michigan. The blue I say we settle on the one choice that we do not want any senior to think part represents these welfare entitle- made the most sense, which is make that they have to participate in choice. ment programs. A majority of Congress the tough decisions to reform the pro- They can keep their traditional fee-for- cannot reduce these programs and gram, create options for senior citi- service, their 1960 Blue Cross/Blue change spending without the consent of zens, protect those who want Medicare Shield model. If they choose to get into the President, and the President has but give other choices, and that if we private care and they do not like it, now vetoed changes in the Food Stamp give more power—and this is a radical they have 24 months, each and every Program. The President has now ve- idea for this city—if we give senior month within these next 2 years, they toed changes in the work requirement citizens the right to make choices can get out of the private care and in the welfare program. about their own health care, I mean, right back under the system they had. Mr. NEUMANN. Just to comment on the very idea that we are going to give I know my colleague wanted to that, it is very important for the the beneficiaries of a program the right speak. American people to know that on that to make choices, and I describe to peo- Mr. NEUMANN. Just a couple of half where we do not get to vote on it, ple in Maine that in Washington that is things on this. I think all of this dis- spending went this year from last year sacrilege. cussion about what is happening in to this year, went up by $46 billion. Mr. SHAYS. If the gentleman will Medicare, I just reemphasize that if our That money is spent and it is gone. We yield, the bottom line is we did the seniors do nothing, they keep Medicare have no control over that, no vote over heavy lifting with a lot of programs, as they know it today. that. It went up $46 billion. Contrast but in some cases, and particularly A lot of times people forget that our that to the part that we do have con- with Medicare, we have a better pro- friends and our own parents are on trol over, about $500 billion out of a $1.6 gram and yet we save about $240 bil- Medicare, and they forget how con- trillion; that went down by $14 billion. lion. We do it by not increasing the cerned we are about the senior citizens Mr. SMITH of Michigan. Let me show copayment, not increasing the deduct- we know. When I jog with George, a you where that is on this little pie ible, not increasing the premium for good friend of mine, he talks to me chart. That is the little red section on Medicare Part B. The seniors should about his mother. When I ride to bas- this pie chart that represents the 12 ap- have still paid 31.5 percent, which is ketball games with Tom, where our propriation bills other than the defense what they paid last year. That is what kids play on the same team, we talk appropriation bills. This is where Con- we said, just keep it at that rate. about his parents and we talk about gress has control. If we do not pass the We did say that the very wealthy in the meaning of Medicare to these sen- appropriation, if the President vetoes our society would pay more for Medi- ior citizens. it, there is no money there, so we have care. If you make more than $125,000 of been unsuccessful here, and by the year b taxable income, you would pay more 1730 2002, we are going to see the welfare en- for Medicare Part B. Somehow in this whole discussion we titlement portion of this budget grow Then we get into how are we able to lose the fact that we care a lot. We to almost 60 percent, and then you make the savings? By, as the gen- have a responsibility. It is like this have got the interest on the national tleman has pointed out, giving seniors with Medicare today. They are writing debt. The service, paying the interest choice. They are allowed to go into a out checks for more money than they on the national debt, is also on auto- variety of private health care plans. We have in their checkbook. We all know matic pilot unless we follow what these still keep Medicare. No one has to they cannot keep doing that. gentleman have been saying and we leave. But we allow seniors to get pri- We have a responsibility to George’s started reducing the rate of increase in vate care, and the private care has to parents and to Tom’s parents and to spending. be as good or better, otherwise they are George and Tom and our responsibility Mr. SHAYS. If the gentleman will not allowed to participate. They can- to these people, to the people we rep- yield, the bottom line is this: As you not offer seniors less service and resent, is to make sure we do not allow point out, the gentleman from Wiscon- charge them less. They have to provide this system to go bankrupt so their sin [Mr. NEUMANN], 50 percent of the March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1765 budget is on automatic pilot. It is enti- ple. I can tell them now, since I am not and ethical responsibility to stop the tlement. We do get to vote on it, but if running again.’’ And I am thinking, growth of this debt. we do not vote on it, it stays the same, why did you not just be honest with Mr. SMITH of Michigan. If the gen- and so Congress simply never voted on them when you were a candidate? Tell tleman will yield, I would suggest this it. the American people the truth. They borrowing obscures the true size of I have been in Congress since 1987. I will have you do the right thing. Government. You know, if people have never got to vote on changes. The ma- So I just wanted to express some dis- to pay their taxes to afford this huge jority party never wanted to change appointment with some very good peo- bureaucracy, they would be saying, the entitlements and to control their ple who are leaving, and my take on it wait a minute, but we have somehow, growth. So I never had an opportunity is they are leaving now that we have politicians have discovered if they bor- to vote. got to do heavy lifting, now that we row this money and say somehow, well, Mr. SMITH of Michigan. Up until have got ton confront seniors, young we will pay this back later, our kids now, in the Balanced Budget Act. people and everyone else and say, you and our grandkids are going to have to Mr. SHAYS. Up until now, with the know, we have got to address this do it, but what we have done is we have balanced budget, for the first time, this issue. Some things you may not like, had a Government become larger and is the Congress that is willing to take but we have got to do it for the sake of larger, and the bureaucracy so big now on the heavy lifting of controlling 50 our country. I do not know if any of that almost half my time as a con- percent of the budget that is basically you have had that same reaction. gressman is spent being an ombudsman on automatic pilot. We voted on a Has this place been a fun place? No. to help people move through this polit- third, as the gentleman pointed out so Is it going to be a fun place? No. Do we ical maze of this huge overbloated Gov- well, those appropriation items, de- have heavy lifting? Yes. Are we deep in ernment. If we stop borrowing and peo- fense and nondefense, that come out of the hole? You darn right, and we are ple have to start digging into their appropriations. There is the 15 to 16 clawing our way to get out of the hole. pockets for this size of a Government, percent of interest on the national debt Mr. LONGLEY. I think you are mak- they will say, no, wait a minute. which we do not vote on. We have been ing an outstanding point. This is one of Mr. LONGLEY. We cannot even go, voting since I have been here on a third the reasons I went back and looked to go just one step beyond what you of the budget, trying to control it. For back over these 16 years of legislation. are saying, most people cannot even af- the first time, we are trying to control Literally, of these 16 acts, at different ford the tax burden now, even though the entitlements. All we are trying to times the Democratic Party supported we are not even paying for the entire do is slow their growth to 5, 6, 7 per- 12 of the 16 acts, and the Republican Government. That is the difficulty we cent a year. We are not cutting them. Party supported 12. are trying to confront. We are allowing them to increase. That Mr. SHAYS. Both parties, not just Mr. NEUMANN. I would just add, if is just bottom-line issue. one. you would be interested, I have one You know, I would love to just get Mr. LONGLEY. That is exactly it. more chart left. into this issue. I would like your reac- Now, you look in the early 1980’s in Mr. SMITH of Michigan. We like your tion, I have been here now for about 9 spending, 1981, spending went up al- charts. years, and I am seeing good men and most 15 percent; 1982, 10 percent; 1983. Mr. NEUMANN. Would you like to women not run again, and some of Mr. SHAYS. The point is we are not know how much more an American them have very real personal reasons. I blaming parties. But now we have a family of four would have had to pay in just want to express my concern about chance. taxes over the last 15 years in taxes in some of them. Mr. LONGLEY. Not only, this is par- order to pay their share of what the I happen to think of myself as a mod- ticularly with respect to the current Government spent? If the Government erate Republican. I think of myself as debate and the impasse between the ad- were to break even over the last 15 to a centrist in terms of my ideology. I ministration and the Congress, and 20 years, an average family of four in like to think of myself as passionately clearly, as the gentleman from Michi- America would have had to spend or moderate. I am in the center. I am see- gan [Mr. SMITH] pointed out, the Presi- pay to the Federal Government $76,000 ing some of my fellow moderates quit. dent has vetoed welfare reform. He has more in taxes over that period of time They say this is not a fun place any- vetoed a balanced budget. He has ve- if our generation had paid for what more. I am thinking to myself, with all toed literally every significant initia- they bought through this. due respect, when has it ever really tive that we are trying to bring to the Mr. SHAYS. That is a great illustra- been a fun place? I get up in the morn- table to deal with this crisis, and the tion of why it did not happen. There is ing and say I have one of the best jobs easiest thing in the world for us to do no way a family of four would have tol- in the world. To call it a fun place, I would be to pretend the crisis does not erated paying $76,000. have never known it to be a fun place. exist, to just cook up some, come to Mr. SMITH of Michigan. Now, the lit- Now, to listen to them further, you some agreement even though philo- tle young tots in that family of four know, people are getting nasty with sophically we are miles apart on some are going to be obligated to account for each other. I see that. I mean, to the issues, we come to some common that money later on in their lives. No. public this must look like a food fight ground, and we have editorial writers 1, it is immoral. No. 2, balancing the when really what it is about is some across the country hailing our biparti- budget is going to strengthen the econ- very heavy lifting about whether we sanship, the television crews showing omy. end those obscene debts and annual up and just we are all standing there Mr. NEUMANN. That is what this deficits that we have, whether we stop smiling at each other and patting each chart is showing. This is showing our adding to the national debt, and this is other on the back. total debt as of right now. This is the what my colleagues are saying. I think But the bottom line is, when we leave amount they borrowed per person, the Senator from New Jersey, even here, our kids are paying the bill. I am $19,100 for every man, woman and child your own Senator, with all respect; in not willing to do that. in America, which has been borrowed my judgment, they have participated Mr. NEUMANN. That is really the basically over the last 15 years. The in our getting deeper and deeper and point. We keep talking about the debt kicker on this chart is really the bot- deeper in debt by their silence, in some and deficit. It is not about the debt and tom line. The bottom line is our family cases, by their willingness not to step the deficit. It is about a moral and eth- of four today has to pay $440 a month and stand out and say no more, we are ical responsibility that our generation just to pay the interest on the Federal going to call the question. has to stop doing what has been going debt. It is not for any goods or services, So now that we are deeper in debt on for the last 15 or 20 years. This is a not for Medicare, Medicaid, or any of and we are clawing our way to get out moral, ethical, it is a values problem in the rest. The family of four today has of this means, people are quitting, and our country. What kind of a society to pay $440 a month just to pay interest then some, not your Senator, but some would be willing to spend their chil- on the Federal debt. Senators have said, ‘‘You know, now I dren’s money? Ask yourself, what kind I always like to reduce it down to can be honest with the American peo- of society would do that? It is a moral what the actual impact is on my H 1766 CONGRESSIONAL RECORD — HOUSE March 6, 1996 friends and our constituents across our out here right now is a new era in wages, 12 hour workdays, and increas- districts, and that really is what it America, and we have started down the ing workloads. It is the perfect day to translates into. A lot of times they right path here toward restoring this call for equal rights for women, equal say, ‘‘I don’t pay that much in taxes.’’ great country of ours. pay for women, equal representation I would like to remind, every time we I have 100 percent confidence that we for women, equal treatment for women, walk in the store and buy a loaf of together, the people that are here, and expanded health care for women bread, that store owner makes a small along with the American people out and all Americans. profit on the loaf of bread bought in there, are going to restore this great I have called this special order today the store. When the store owner makes Nation of ours. I have a lot of faith in to pay tribute to women, past and a small profit on it, some of that profit the future of this country. I know we present, who fight every day for im- comes in here to the Federal Govern- are going to make a great country to proved working conditions and equal ment in the form of taxes. When it is pass on to our children and to our rights and treatment for women. all added up, they are paying, in fact, grandchildren. Mr. Speaker, with this in mind, we paying that $440 a month. Mr. SHAYS. I just would like to come together today to celebrate our Mr. LONGLEY. This comes back to thank both of you. You claimed the gains. Already this year we have cele- the point the gentleman from Con- time, and I thank the gentleman from brated the 75th anniversary of women necticut [Mr. SHAYS] made so well sev- Maine for doing that and just say that gaining the right to vote, the 23d anni- eral minutes ago, that the easiest we do live in the greatest country in versary of Roe versus Wade, the com- thing in the world any of us can do is the world, and we are going to save it. ing together of over 30,000 women from say, well, we are going to create a pro- I mean, we are not going to listen to 190 different countries at the fourth gram. Sure, we will give you more polls. The polls are not going to guide U.N. World Conference for Women in money, even though you are getting in- us. We are going to do the right thing. Beijing, and the first Women’s Expo creases and spending, we will double If Abraham Lincoln had listened to held here in Washington, DC. the rate of increase. We can all look polls, we would not be one Nation We celebrate these successes at a like heroes until the American public under God, indivisible. We would be time when we face the most hostile, has got to show up with the tax dollars two nations very much divided. We are antiwoman Congress that I can remem- to pay for it or to deal with the mess going to stay one Nation, and we are ber, a Congress more antifamily, that we have created. going to pursue this. antichoice, antiurban, antiworker, and Mr. SHAYS. One reason I like my Mr. LONGLEY. Just to end on that antienvironment, than any in recent community meetings, I call it my com- note, I think it is easy to forget we as history. In short, this Congress is a dis- munity test, if I have got to go to my a country have faced greater crises in aster for women. community in a community meeting, I the past. We are going to face greater In the first 6 months, we voted in this have got to tell them what we are crises in the future. What we have House of Representatives and passed 12 doing, and if it does not pass, you learned as a country, and particularly I antichoice bills. But the impact of know, if I cannot pass it through my know the senior population under- these actions in this Congress really constituents in a community meeting, stands this, the generation that con- came home in a very personal way re- I do not vote for it. There is no way I fronted the depression, that confronted cently. I received a notice from the can justify seeing what has happened World War II, that put an end to the Government in the mail. It said that in the last 22 years, and my constitu- world fascism and another generation abortion services are no longer covered ents have told me almost to a person, that put an end to world communism, under my health insurance plan. It was ‘‘You get a handle on this Federal yes, we have had some big crises to one small notice in the mail, but one budget. You stop the obscene annual deal with. We have identified the prob- giant step back for reproductive free- deficits.’’ Revenue is here, spending is lem. We have looked at the options. We dom in the United States. The letter, here, at the end of that year the deficit have acted to get the problem dealt marked in a very personal way for hun- is added to the national debt; they with, and we move on. dreds and thousands of employees the want us to end it. That is what we are I am very confident that we are going first widespread practical impact of the going to do. to deal with the issues we need to deal 104th Congress’s multifaceted assault I mean we have three objectives. We with and that the public realize that it on a woman’s right to choose. Thanks want to get our financial house in is in their best interests, and we are to extremists in the 104th Congress, order and balance the Federal budget. going to move forward. U.S. military hospitals, both here and We want to save our trust funds, par- I thank the gentleman from Wiscon- overseas, are now prohibited by law ticularly Medicare, from bankruptcy, sin [Mr. NEUMANN], the gentleman from from performing abortions. In other and we want to transform this social Connecticut [Mr. SHAYS], and the gen- words, women who are stationed here and corporate welfare state into a true tleman from Michigan [Mr. SMITH] for and overseas busily protecting our caring opportunity society. We are not your participation tonight. rights, while in this Congress we have been busily removing theirs. going to give up. f I noticed, you know, I just am in awe The House also passed an amendment of my freshmen. I mean, I wish I could b 1745 denying Medicaid-funded abortions for be an honorary freshman. I know you victims of rape and incest. For poor all have taken some criticism, but my INTERNATIONAL WOMEN’S DAY women, this would make fathers out of take on what you have done is you ba- The SPEAKER pro tempore (Mr. rapists. If that were not enough, on sically watched what we have done and HUTCHINSON). Under the Speaker’s an- March 15, when the current continuing said, ‘‘I can’t believe it.’’ Men and nounced policy of May 12, 1995, the gen- resolution will expire, we will effec- women have run and owned businesses, tlewoman from New York [Mrs. tively zero out funding for inter- and you said, ‘‘You know I am going to MALONEY] is recognized for 60 minutes national family planning programs, de- end this.’’ You do not care if you get as the designee of the minority leader. nying hundreds of thousands of women reelected, and that is your strength. If Mrs. MALONEY. Mr. Speaker, today around the world their only source of you do not care whether you get re- I am honored to rise with some of my health care. elected, you are going to do the right colleagues in this special order to cele- Conservative estimates show that thing, and I tell my people, thank God brate International Women’s Day. This this reduction is much more than a for the freshmen. day is a celebration borne out of the loss of money. It means that over 7 Mr. NEUMANN. If the gentleman will fighting spirit of the women’s labor million couples will lost access to mod- yield, we are nearing the end of the movement in the great city that I am ern contraceptive methods, and, for time. I want to close my part by re- honored to represent, New York City. many, health care services. minding us all this is still the greatest International Women’s Day was born In other actions, the new majority country in the world. Sure, we have got in 1857 when women from the garment suspended Federal responsibility for some problems. As a country, we have and textile industry in New York City the women, infants, and children nutri- had problems before. What is going on staged a demonstration protesting low tion program, and eliminated $2 billion March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1767 in school lunches and Aid to Families hance economic empowerment and eco- talked about getting things done for with Dependent Children programs. nomic equality for women; and, finally, women, children, and families. She Tomorrow, this Congress will be enforcement of women’s legal rights said, ‘‘It is up to the women.’’ marking up, or marching backward, and a drive to increase women’s politi- Mr. Speaker, I recognize the gentle- the affirmative action bill, which has cal participation. woman from California [Ms. WOOLSEY], opened tightly held doors to so many I must say that in this Congress we who is the author of many important women and minorities. They will be at- have heard a lot of talk about quotas bills in the Woman’s Equity Act and tempting to roll back affirmative ac- and the need to end affirmative action, the Women’s Empowerment Act, and tion. but I would like to talk about one many other areas we have been work- When we consider the losses I have quota, and that is the representation of ing on. listed and those in our scorecard on women. Although we are well over 50 Ms. WOOLSEY. Mr. Speaker, I would women’s issues, which we will release percent of the population, we are still like to thank my colleague for yielding tomorrow, we might feel better served only 10 percent of this elected body and this time and for organizing this spe- with a wake today instead of a celebra- only 6 percent of management posi- cial order. She has done a wonderful tion. Today we celebrate to remind tions in the private industry. This job in supporting women internation- each other that the obstacles we face needs to be changed. ally, and will continue to speak out are real, but we will succeed in enact- In response to the Beijing conference, around the globe and here in our own ing legislation which will counter the President Clinton established the country. antiwoman actions of the 104th Con- Interagency Task Force on Women, Mr. Speaker, I thank my colleague, gress. We will introduce shortly and which, along with other advocacy CAROLYN MALONEY, for yielding time. hopefully pass the Women’s Health Eq- groups, including Bella Abzug’s group, Mr. Speaker, this Friday is ‘‘Inter- uity Act and the Economic Equity Act. WEDO, are working hard to implement national Women’s Day.’’ I come before We will restore funding to Inter- the platform for action. The 12 planks you today to celebrate one-half of the national Family Planning and the Chil- in the platform for action, combined world’s population. I come to pay trib- dren programs. We will succeed, be- with the seven U.S. commitments, ute to women of every nation who care cause we have the power of the vote. could succeed in counteracting the new for their families, contribute to their Women in this country will use their majority’s all-out assault on American work places, and make their commu- vote in the upcoming elections to turn women. The platform for action was nities stronger. They are true heroes, around this antiwoman Congress’ ac- agreed to by 190 countries, and it is a and deserve our recognition. tions. strong statement when 190 countries Mr. Speaker, it has been over 6 We do have winning strategies to and their governments endorse this months since the U.N. Sixth World build on. We need to look back to the platform. Conference on Women took place in energy and promise of the 1995 U.N. The platform will unify women at all Beijing. At this conference, leaders Fourth World Conference on Women in levels and move forward with positive from around the globe laid out a plan Beijing. Over 6,000 Americans and 30,000 change. The platform goes further than of action for improving the economic, women attended this conference—190 the U.S. commitments by calling for social, educational, health, and politi- countries ratified the platform for ac- the empowerment of women, sharing of cal status of women worldwide. tion. Although it was not legally bind- family responsibilities, ending the bur- A key plank of that document is rati- ing, it is certainly politically binding den of poverty for women and children, fication of the United Nations’ Conven- and important that so many govern- high-quality affordable health care, tion on the Elimination of All Forms of ments spoke in support of women’s sexual and reproductive rights, work- Discrimination Against Women, or rights and a specific plan to achieve place rights, educational equity, end- CEDAW, as this treaty is commonly equality. ing violence, protecting a healthy envi- known. Along with 53 of my colleagues, I ronment, women as peacemakers, rati- CEDAW, which was drafted at the have introduced House Resolution 119, fying the convention to end all forms first women’s conference in Mexico which supports the seven United States of discrimination against women, and a City in 1975, holds governments respon- commitments as introduced by Ambas- long-term platform for achieving sible for working to eliminate all forms sador Madeleine Albright. The time has equality. of discrimination against all women. come to mobilize and energize. We Mr. Speaker, today we commemorate To date, CEDAW has been ratified by must enact the U.S. commitments and the International Women’s Day. We 144 countries, with one notable excep- the platform for action into law to put celebrate because the same thing the tion—the United States. Can you be- women in the winning column. new majority fears, women’s potential lieve it? Included in the commitments are ini- power, will help us to succeed. In honor The United States, the world’s great- tiatives which would launch a powerful of International Women’s Day, we will est superpower and staunchest defender program to end domestic violence and reintroduce and reissue the scorecard of human rights, continues to rep- crimes against women with full fund- on women’s issues tomorrow to inform resent the only industrialized democ- ing, and an all-out assault on the the public on how people have voted in racy failing to take this important threats to the health and well-being of this Congress on women’s issues and stand for women’s rights. women. Today we introduced H.R. 2893, family issues and children issues, and On behalf of all women around the the Kennedy-Kassebaum-Roukema bill, we must hold those in power more ac- world—in Africa, Europe, Asia, and in which represents the minimum that countable for their antiwomen actions. the Americas—I invite my colleagues can be done to provide additional We intend to have score cards pro- to join over 60 other Members of the health security to all American people. duced and given out on every single House in support of House Resolution It would cover preexisting conditions Member of Congress on how they have 220, which urges the Senate to pass and provide for portability of health voted on women and children issues. CEDAW this Congress. care, making increased availability of We stand together tonight and we will Let’s make the 21st century the first health care to all Americans. Today we come together tomorrow, and we will century free from state sanctioned dis- gained 170 cosponsors for the legisla- work each and every day to remind the crimination against women. Let’s tion, and we are hopeful that it will extremist majority that women are make International Women’s Day pass. neither marginal nor a minority. The meaningful. Let’s pass CEDAW now. Third, a strong commitment to pro- rights we have gained are significant, b tecting women’s reproductive health but they are only steps in a long march 1800 and the right to choose; grassroots pro- toward equality of rights for all Mrs. MALONEY. Mr. Speaker, I grams to assure that women make women. would like to recognize one of our Na- much more than the 72 cents to every Today we celebrate International tion’s leading experts on constitutional dollar a man earns today by fighting Women’s Day. I would like to end with rights, the gentlewoman from the Dis- for equal pay and assistance in bal- the words of Eleanor Roosevelt when trict of Columbia, Ms. ELEANOR ancing family and work; plans to en- she talked about change, when she HOLMES NORTON. H 1768 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Ms. NORTON. I thank the gentle- If you were alive in the 1960’s, you because men are outside of the labor woman from New York [Mrs. MALONEY] lived to see or were a part of a country force. Women do not want to narrow for her kind words. I especially thank that for the first time indicated that the gap in that way. her for her leadership in calling our at- women had to be treated equally under It is interesting to note that the tention and summoning us to the floor law. We are still living, therefore, in a Equal Pay Act itself, which requires this evening in celebration of Women’s breakthrough era for women in this that women doing the same or similar History Month and of International country. There have been big, big take- work be paid the same as men, does not Women’s Day on Friday. backs in this Congress. Some of the allow an employer to equalize men and We are obligated, Mr. Speaker, I be- worst have been in an area that is most women’s wages by bringing down men’s lieve, to use these occasions not just as vital to women, their personal repro- wages. So if one goes into a business opportunities to talk. We need, I think, ductive rights. and finds that there is unequal pay of to use them to re-energize ourselves I mourn what we have done in the men and women doing the same job, about issues that are important to us area of abortion. I can only mourn it. I the employer has to bring up the pay of that can be solved and that, at least in will not chronicle it, because it is a women, rather than bring down the pay the 104th Congress, have been stalled. long list, indeed. of men. There is still time to keep the 104th I regret that women in the military Mr. Speaker, I say to my colleagues, Congress from being known as the lose the protection of their country if the way in which women have gained unfeminist Congress or the they become pregnant and desire to over the last 30 years has been in very antifeminist Congress where the losses have an abortion at the hand of the large part because the pay of men has will be recorded by history over the 104th Congress. Surely we must regret come down, not by operation of law but wins. it, as well, for women who are serving by operation of the economy. What More than 30 years after women’s their country. I regret that women in that means for the average woman in consciousness took hold in this coun- prisons at the hand of the 104th Con- the work force is that the gap is right try, I continue to believe on either side gress, may not have an abortion unless where it was and that the Equal Pay of the aisle that is where Members they have funds to pay for it. I regret Act has done just about all it can do. want to be. Yet if we look closely, we the withholding of funds for inter- The rest will require a sharper remedy. will find what I call take-backs, be- national family planning, which has In my Fair Pay Act, I offer that cause they certainly aren’t give-backs, virtually destroyed those programs. I sharper remedy where a woman doing losses from where we had come and regret the criminalizing of partial comparable work would have to be paid where we must head. I am very appreciative that so many birth abortions and what a huge step the same as a man doing comparable Members have signed onto the omnibus that measures from where we had come work. The burden would be on the bill to carry out the seven U.S. com- on choice. woman to demonstrate that the dif- I regret the proposal that the States mitments at the Beijing conference ference in wage between her and the no longer provide Medicaid for victims and that so many have signed onto the man is due to discrimination and not of rape and incest. These seem to me to individual bills sponsored by individual to ordinary market forces. That is a Members. This tradition now in the be unusually cruel provisions, and I heavy burden. But the burden of prov- House from among women especially of hope they are an indication in this ing discrimination is always on the combining women’s legislation into a Women’s History month that no right complainant, and here it must be on single bill has the advantage of focus- acquired is permanent without perma- the complainant as well. ing us on where the greatest need is nent vigilance. These are rights we will My colleagues will note that the fact and offering Members and the public an reacquire, but surely International that the woman has to establish that opportunity to see what we must do Women’s Day and Women’s History the wage differences between herself and what legislation is most pressing Month must energize us so that we are and a man doing comparable work is at a given moment in time. not left at the end of the 104th Con- because of discriminations and not be- I am pleased that in this country we gress with less than we came in with. cause of market forces means that my celebrate International Women’s Day, Included in the omnibus bill is one of bill will not interfere with the ordinary as well. There must be solidarity my bills, the Fair Pay Act. This bill operation of the market. I discuss my among women across the world. In could not be more germane today. In- bill only as the one I know best and as every country, women occupy the sec- deed, I invite Members to note that on one of the many excellent bills in our ond place, not the equal place, even in March 13, I am conducting a special omnibus bill. this country where women have made order on women’s wages. There has While there is still time, while the tremendous strides for more than 30 been a focus on angry white men and, 104th Congress is still making history, years. We take note of those strides, indeed, on angry men because of what I call upon my colleagues to make sure even as we note also that there is real has happened to men’s wages in an era that it does not make negative history; backsliding today and that women sim- when manufacturing has shifted off- to make sure that women and men and ply must halt it, must reestablish the shore, where men are increasingly out- families will not remember the 104th momentum that is associated with side of the labor force, and where for take-backs but for gains; to make women’s rights in this country. women are at work not only because sure that the 104th has something posi- Only 33 years ago, we got the first many desire to work, but because they tive to say to American families about women’s rights legislation in the 20th are either critical to the family income half of the family, or in the very many century, the Equal Pay Act. As a or the only family income. instances, the family itself that has a former chair of the Equal Employment We would do well then, as well, to wage earner that is a woman. Opportunity Commission, I have seen focus on what has happened to the in- Even where there has been consensus in great detail how the law has worked come of women. We note with pride among us on women’s issues, we often to the advantage of women in the Unit- that there is a narrowing of the gap in have not made the progress that I be- ed States. I note that the law has had wages between men and women until lieve all of us surely intended, for ex- less, a lesser effect in other countries, we look closely at how that gap has ample, on domestic violence. There is a because the law is not as often associ- narrowed. We find that the gap has consensus on both sides of the aisle ated with vehicles to bring progress. narrowed largely for professional that this ancient issue finally is ripe Yet, we are grateful for what has hap- women and women who are highly for mitigation and elimination. While pened with affirmative action, with skilled, at the entry level, and at the indeed we were able to get an appro- title VII of the 1964 Civil Rights Act, entry level only. As we go up the priation that is respectable, the fact is with the interpretation of courts. We ranks, the gap widens and reappears, that all of us who have worked hard on are still living in the period when the and we note that the average woman is this issue are saddened that we have courts for the first time have indicated right where she was. A very large part not made the great leap forward, that that the 14th amendment requirement of the gap has narrowed because men this most basic of issues requires. of equal protection of the law applies have fallen, not because women have So in this Women’s History Month to women. risen, because men have lost income, and the year 1996, the year of the 104th March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1769 Congress, may we leave it with more to women, who are disenfranchised and Pisgah, AL, P-I-S-G-A-H. I have never celebrate than we find on March 8, deprived of participating in the demo- visited there. International Women’s Day. May we cratic process of this Nation. Universal It talks and it has a magnificent pic- remember that we have days only for suffrage does not exist in Puerto Rico. ture, compelling picture of two women, issues or almost only or largely for is- While we preach the virtues of democ- Martha Smith, saying goodbye to her sues that need special exposure because racy throughout the world, the United fellow coworker in that town at a plant of special problems that obtain that States still maintains the largest col- called Andover Togs, where she and ap- we, therefore, dedicate this Inter- ony in the world. U.S. citizens who are proximately 100 other workers, largely national Woman’s Day to women all excluded from our Nation’s democratic women, lost their jobs sewing chil- over the world and to the forward gains process and who are denied the right to dren’s clothing. and momentum promised in Beijing vote and the right to representation. If I could describe this picture to and our own country. We who are Mem- The Beijing Declaration and Plat- you, I am sure that most Americans bers of this body use this day and this form for Action, adopted unanimously who have gone through this under- month to move forward women’s issues at the Fourth World Conference on stand. They were saying goodbye to at a time when we still can make the Women by representatives from 189 one another and facing a very unknown 104th Congress truly memorable and countries, reflects a new international future. She was quoted as saying, truly bipartisan on women’s issues. commitment to the goals of equality, ‘‘There are no more textile jobs around I very much thank the gentlewoman development and peach for all women here, they are all going to Mexico and for her leadership and for yielding to everywhere. overseas.’’ Ms. Smith, who has lost 3 me. As a result, the world now has a com- jobs due to plant closings, seems to Mrs. MALONEY. Mr. Speaker, I prehensive action plan to enhance the have the evidence on her side. Two would now like to recognize the former social, economic and political other sewing mills in this region of Governor of Puerto Rico, the gen- empowerment of women, improve their northern Alabama closed at about the tleman from Puerto Rico [Mr. ROMERO- education and training. same time, sending 550 people, mostly BARCELO´ ]. The platform for action, a 362-para- women, into the local labor market. graph document that recommends ac- In many of these towns, there just b 1815 tions on 12 critical areas of concern are not any other jobs to go to. So Mr. ROMERO-BARCELO´ . Mr. Speak- considered the main obstacles to wom- often we hear, these jobs are low skill er, I take this opportunity to salute en’s advancement and builds on the ac- jobs; these are not the high technology women as we commemorate the Inter- complishments made since the first jobs of the future. If anyone has ever national Women’s Day and the Wom- U.N. Conference on Women. made a dress or have done it by hand or en’s History Month. Today, I exhort women to rise and if you have done it with a machine or Since the United Nations held the demand equality. Today I urge Con- if you have ever sewn pearls on a wed- first world conference on women 20 gress to sustain our commitment to ding dress in a pattern, I would like to years ago, significant progress has been women. Today, I remind nations of the see the President of the United States made towards achieving equality be- world to keep on struggling to build a do that. I would like to see most of the tween women and men. Women’s access gender respectful society. Members of this body do that. There is to education and proper health care Mrs. MALONEY. Mr. Speaker, I not any job that takes more skill, more has increased, their participation in would now like to yield to the gentle- concentration, more attention to detail the paid labor force has grown and leg- woman from Ohio, Ms. MARCY KAPTUR, than the sewing arts, because in fact islation that promises equal opportuni- who has been a strong fighter for in- they are the arts. ties for women and respect for their creased wages, increased job opportuni- And for those people that work on human rights has been adopted in more ties for all working women and men. machines, which many of these women countries. All these endeavors contrib- Ms. KAPTUR. Mr. Speaker, I want to do, the speed at which they have to uted to the improvement of women’s thank the gentlewoman from New work with piece work in order to get rights and important changes have oc- York [Mrs. MALONEY] for taking the paid is a speed beyond which most peo- curred in the relationship between leadership today in commemoration of ple in this society have never had to women and men. International Women’s Day, which is work. And they work very, very hard Yet, despite these efforts, the dis- March 8, this Friday, and also during for a living. Many of them get carpel crimination women have suffered sole- this month of March, Women’s History tunnel just in that one industry be- ly because of their gender has been per- Month. cause they work so hard. Many of them vasive. Violence against women re- So often, I guess, I have to think being immigrants, many women it is mains a global problem. Women’s equal back to the whole history of the coun- their first job that they have really access to resources is still restricted try. There have only been about 165 had after high school or after going and their opportunities for higher edu- women that have ever served in the through school. And many of them are cation and training are concentrate din Congress of the United States out of the sole support of their families. limited fields. Decisions that affect over 11,700 persons that have been So tonight we pay tribute to them women continue to be made largely by elected to the Congress of the United and we say to them that we know who men. States. So it has not been but until you are. And we understand the impor- Unfortunately, in some instances, very recently that women have been tant jobs that you have done for the our legal system has entrenched the able to discuss not just the plight of people of this country, and we think it subordinate status of women. These at- men in this country and children but is very wrong that those jobs are being titudes have contributed to the perpet- also of themselves, the issues of con- outsourced elsewhere by corporations uation of stereotypes which must be cern to working women here in our that do not value you as much as we eliminated for they only contribute to country, which is the vast majority of value you in this country. And really, all types of violence against women. women of all ages, as well as women it is not your fault. A lot of women go Today I invite you to join women in around the world. home at the end of the day and think, their request to live in peace and to be I want to thank the Congresswoman gee, I lost my job because I did not try recognized as equal citizens with equal from the great city of New York for hard enough. Yet they have very good rights and opportunities. taking the leadership on this and help- work records. Many of them have chil- As we all know, women fought a long ing us put on the record on behalf of dren at home. They have husbands. and difficult battle to achieve univer- women everywhere helping us be a They have houses to keep. And yet sal suffrage; a basic tenet of democ- voice for them. I must begin with en- they go to work every day, many times racy. For the past 97 years, Puerto tering into the RECORD an article from when they do not feel well, and they Rico has been and still is a territory, the New York Times of February 21 of have done this throughout the history or a colony, of the United States. The this year called Squeezing the Textile of this country. island is home to 3.7 million U.S. citi- Workers. It is just an excellent story If you look at what has been happen- zens, of whom more than half are by John Holusha, and it is situated in ing over the last 20 years, what has H 1770 CONGRESSIONAL RECORD — HOUSE March 6, 1996 been happening to them is so unfair, so She actually chaired what was then terial to make clothing, for a total shrink- unfair. The last 20 years, the entry called the Education and Labor Com- age of 141,000 jobs—40 percent of all manufac- level wages of women with high school mittee. So it was a woman from you turing jobs lost in the United States last year. educations has gone down 20 percent. part of the country, who grew up in Job losses like these provide grist to politi- That means the harder they work, the very humble circumstances, who was cians with protectionist messages, especially fact that they are providing many responsible during those years for com- in an election year. So while dismantling times the income that makes the dif- ing here to Congress, waiting her turn trade barriers benefits most consumers by ference between that family being able to serve as committee chair, and re- lowering prices, it also deepens blue-collar to survive or not survive, they are get- sponsible for the most important labor anxieties in industries that are vulnerable to ting paid less for it. And even women laws that have helped working women foreign competition. who have gone to college are now earn- The new wave of job losses in the apparel and working men across this country industry, coming as they did soon after the ing 7 percent less than their counter- for the better part of the century. So passage of the North American Free Trade parts did 20 years ago. we owe a lot to the east coast. We owe Agreement and the latest global trade ac- So the stress that families feel and a lot to the Manhattan-Jersey City cord, benefits candidates who say they want particularly women who still largely nexus and to the great Congresswoman to save jobs and protect workers. Four years have the child rearing responsibilities, from Jersey City, Mary Norton, for ago it was Ross Perot railing against free taking care of the home when they get helping us build a middle class in this trade accords, and this year, the Republican home from work, even though that re- populist, Patrick J. Buchanan, has enjoyed a country. sponsibility is more shared now, there surge in the polls with his attacks on free Congresswoman MALONEY, you walk is just a great deal of pressure on them. trade as a sellout of American labor. in her footsteps, and I thank you to- And while textile-plant closings have been If it had not been for women going night for allowing me to participate in a fixture of the economic scene in the small into the workplace, even though many this special order. towns of the South and Northeast for nearly of them do not want to be there today Mrs. MALONEY. I thank the gentle- a quarter-century, the recent hemorrhage of but they have to be, family incomes woman very much. I would like to jobs, though predicted by many economists, would have gone right through the is devastating some areas. It is driven by two bring to your attention that Congress- floor. And now they are barely treading forces—government policy, which encour- woman NYDIA VELA´ ZQUEZ is working on water just keeping even. If you look at ages free trade with low-cost apparel export- where women have had the most pres- many of the issues that you raised and ers like Mexico and Malaysia, and high tech- in fact will be hosting a public hearing nology, which helps big, profitable textile sure on them, where they have been companies produce more cloth with fewer losing jobs to international trade be- on March 11 in New York City with Secretary of Labor Robert Reich. I workers. cause of unfair trade laws, they are in ‘‘We have lost on the order of 500,000 jobs in fields like electrical machinery and hope that you will be able to attend, as apparel in the past 23 years and we will prob- electronics, apparel, which I have just well as other Members of Congress, as ably lose another 40,000 to 50,000 this year,’’ talked about, the food processing in- we explore ways to protect jobs in the said Carl Priestland, an economist with the dustry like the women workers in textile industry and expand wages for American Apparel Manufacturers Associa- workers in America. tion. Watsonville, CA, who worked so very Most of the pain will be felt in small towns hard for Green Giant. They then put all Ms. KAPTUR. I would very much like to be there. I want to compliment the like Pisgah, named after the mountain that those women out of work and replaced Moses climbed to get his first glimpse of the them with very cheap labor in Mexico, First Lady, Hillary Clinton. I under- Promised Land. Locals fear that Andover where the women do not earn enough stand today she was in New York City Togs, Pisgah’s biggest employer, will shut to buy the frozen foods that they man- somewhere sewing on a label, I hope it down its remaining operations, including li- ufacture. And in fact they cannot even was a made in the USA label, to a gar- thography and engineering, in addition to afford a small refrigerator in their ment in New York City. And we look the sewing plant it just closed. If that hap- pens, 400 more jobs will disappear—and with homes. Many of them do not have elec- forward to welcoming Secretary Reich to that very important hearing on them, the town’s hopes for an economic re- tricity. Yet those women are being ex- covery. ploited in Mexico while our women lose sweatshops and what is happening to ‘‘I do a good business with people at the their jobs here in this country. women workers in New York City who mill, so this is going to slow down the econ- If you look at NAFTA, since the pas- sew so many of the garments still made omy big time,’’ said R.D. Mitchell, a former sage of NAFTA, of the hundreds and in this country that are worn by mayor who runs a Chevron service station hundreds of thousands of jobs lost in women across this country. that is one of the town’s unofficial gathering our country, about a third of those Thank you so very much for being a spots. ‘‘There are a lot of people being part of that and for the kind invita- pushed out of jobs within a 20-mile radius of were held by women, many in the ap- here,’’ he added. ‘‘People can’t spend money parel industries. tion. they don’t have.’’ We know, just because of GATT and Mr. Speaker, I include for the For all the financial turmoil in textile NAFTA, we have had upwards of 85,000 RECORD the article to which I referred. workers’ lives these days, the industry itself women lost their jobs in apparel and [From the New York Times, Feb. 21, 1996] remains a huge and profitable sector of the 30,000 women in textiles. And it is not SQUEEZING THE TEXTILE WORKER American economy. Output has grown stead- ily, from $32.8 billion in 1974, to $56.3 billion because people in this country are not (By John Holusha) working hard. Americans work harder in 1984 and to $74.2 billion in 1994, the last PISGAH, AL.—Martha Smith cried as she year for which figures are available. Even than any other people in the world, in- left the Dover Mills plant of Andover Togs after adjusting for inflation, the increase cluding overtime. We have the fewest Inc. on a Wednesday afternoon late in Janu- over the last two decades has been more than vacation days. I think only one other ary. Along with approximately 100 other peo- 33 percent. Profits in 1994 totaled $1.74 bil- nation, the Japanese, work a few more ple, she had lost her job sewing children’s lion, or 2.7 percent of sales, half the 5.4 profit hours a week than we do. So it is not clothing. margin for all manufacturing. that people here are not trying very Now she is enrolled in a state-sponsored Broadly speaking, the textile trade con- program to learn clerical skills. ‘‘There’s no sists of three sectors. Fiber manufacturers, hard. more textile jobs around here,’’ she said. I want to thank Congresswoman the smallest of the three, spin cotton and ‘‘They are all going to Mexico and overseas.’’ other raw materials into threads for the fab- MALONEY. I just will end with this Ms. Smith, who has lost three jobs due to ric makers, which weave the threads into statement: That among the laws of our plant closings, seems to have the evidence on cloth for apparel producers to make into country that are so important in giv- her side. Two other sewing mills in this re- clothing. ing women equal pay for equal work gion of northern Alabama closed at about While it is profitable, the continued pros- and the wage and hour laws that con- the same time, sending 550 people, most of perity of the industry hinges in large part on trol overtime compensation and how them women, into the local labor market. its ability to squeeze out as many American many hours people can work, those The layoffs are not just a regional phe- jobs as possible from the production process. nomenon. After four years of stability, em- The two main sectors—raw fabrics and fin- laws were passed during the 1930’s. ployment in the apparel industry took a sud- ished clothing—achieve that goal in two very There was a great women Congress- den plunge last year, falling by more than 10 different ways, cutting labor costs and auto- woman from New Jersey, from Jersey percent, to 846,000, from 945,000 at the end of mation. And industry experts say that out- City, NJ, Mary Norton, who served 1994. An additional 42,000 jobs vanished in the side attempts to stanch the bleeding may do here was responsible. fabrics industry, which produces the raw ma- more harm than good. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1771 Clothing manufacturers, swamped by a a total of 416 looms pump out 12,000 square we are one Nation under God. But it is flood of cheap imports from Asia and else- yards of denim every hour, nearly 50 percent important, as we recognize the oneness where that have grabbed 50 percent of the more than the 1,000 older machines that they of this country, that we celebrate Afri- American market, up from 20 percent two replaced. Yet they are so much easier to op- can-American history month and decades ago, stay profitable by exporting erate that only about 20 workers are needed jobs to low-wage Latin American countries to tend them, about one for every 21 looms Asian-American history month and like Mexico and the Dominican Republic. and a tiny fraction of the 400 or so workers Hispanic-American history month, and These companies have been unable to ex- that handled the previous generation. in my community, Fiestis Patris, as we ploit America’s vaunted technological supe- Not only that, but weaving technology is also celebrate Women’s History Month riority to offset their foreign rivals’ wage ad- about to take a major step forward. The pro- along with many of the myriad of won- vantage because no one has been able to de- jectile looms in use now can insert 258 derful ethnic groups throughout this velop an economical alternative to the old- threads a minute; new air-jet machines just Nation. fashioned sewing machine. Automated ma- now coming onto factory floors can process We happen this month to be celebrat- chines have a hard time handling soft, floppy 745 a minute, nearly three times as many. cloth, and the vision-recognition systems Cone plans to replace its older machines ing and commemorating the impor- needed to match patterns at seams, collars with the more advanced models but will not tance of women, and certainly it is im- and cuffs are far too expensive for the low- increase its production capacity, since little portant to recognize women inter- margin apparel business. growth is seen in the American market. nationally. In an integrated apparel factory, one that ‘‘We’ll just have fewer looms and fewer peo- Mr. Speaker, this month we are cele- converts raw fabric to finished clothes, 50 ple,’’ said Patrick Danahy, Cone’s president. brating Women’s History Month and percent of the jobs are sewing machine oper- The combination of faster machines and this Friday we will celebrate Inter- ators, 86 percent of whom are women. ‘‘You fewer people explains the decline in employ- national Women’s Day. In 1910, the can automate design, you can automate pat- ment in the fabric industry from more than German labor leader Clara Zetkin pro- tern setting and cutting, but sooner or later 700,000 in the late 1980’s to 625,700 in January, you have to push fabric through a sewing even as fabric output increased. posed that March 8 be proclaimed machine,’’ Mr. Priestland said. ‘‘That’s still Although the people in Pisgah are unhappy International Women’s Day in memory the bottleneck.’’ when their jobs depart for Caribbean nations of those earlier struggles of women to And that is where governmental policy like the Dominican Republic, the location is better their lives. Working women in comes in. Congressional approval of the good news for the American fabric industry the home and work place have fought North American and world trade accords in because the new factories there are more to make a difference. In recent years, 1994 and 1995 made it much easier for Amer- likely to buy cloth from them rather than it has become a widely celebrated day ican corporations to bring in goods from fac- their Asian competitors. tories in third world countries, notably Mex- ‘‘Eighty percent of clothing imports from for many women’s organizations and ico, by moving to eliminate quotas on im- Mexico and the Caribbean are made of Amer- groups. Rallies, forums, panels, con- ported apparel. ican fabric,’’ Carlos Moore, executive vice ferences, demonstrations, radio pro- The search for cheap labor is nothing new. president of the American Textile Manufac- grams, media shows, and school pro- Many of the mills that are closing now mi- turers institute, said. ‘‘That explains why we grams have become a part of these grated to impoverished regions of the rural have been able to supply a lot of fabric in the celebrations of women’s contributions South decades ago from the relatively pros- face of slow growth and imports.’’ to the history and culture of the world. perous Northeast. Even today, says David And though the recent liberalization of I rise today, however, not in celebra- Thornell, director of the economic develop- world trade seems to be accelerating the exo- tion but with great concern for women ment authority of Jackson County, an eco- dus of apparel jobs from the United States, nomically depressed region that includes Mr. Moore said it might also provide an op- everywhere, overseas and here at home. Pisgah, many of the factory workers here till portunity to increase American raw-textile With the January 26 enactment of the the fields part time to make ends meet. exports. ‘‘Most countries have traditionally current Continuing Resolution [CR], a But with the factory idle, farming alone protected their textile industries, but now handful of antichoice lawmakers in the will not pay all the bills, and residents are they may be forced to open up,’’ he said. house scored a far-reaching victory bitter. ‘‘They pay those people down there a Moreover, some people question whether against women’s reproductive health dollar and a nickel an hour,’’ said Jim the North American Free Trade Agreement Mabry, another Pisgah resident. ‘‘Then they and rights—they have effectively and other trade pacts should be blamed for eliminated all funding for the U.S. ship the clothes back here for finishing so the flight of jobs abroad. Without the trade they can call them American-made. agreement, Mr. Danahy of Cone Mills said, International Family Planning Pro- Andover Togs, which is based in New York, ‘‘Both the apparel and textile jobs would gram. says it had little choice but to open its fac- have gone to Bangladesh and elsewhere in The legislation passed by the House tory in the Dominican Republic. ‘‘I don’t the Far East. and Senate will decrease by 35 percent think we have ever seen a retail environment ‘‘With Nafta in place,’’ he added, ‘‘the tex- the amount of money available to this sour,’’ said Alan Kanis, the company’s tile complex on this continent is more com- spend on international family-planning chief financial officer. He added that the petitive.’’ company’s major customers, discount chains programs—that is, it will cut the budg- like Wal-Mart and Kmart, were major im- Mrs. MALONEY. Mr. Speaker, I et by nearly $200 million.The Agency porters, forcing the company to keep a tight would like to recognize one of our for International Development [AID] rein on its costs. newly elected Members of Congress will not be permitted to spend any of David Buchanan, associate dean of the col- from Texas, SHEILA JACKSON-LEE, who its appropriation for family planning lege of textiles at North Carolina State Uni- has been a strong advocate on so many until July 1, 1996, 9 months after the versity, predicted more mills would shut important issues for this body. start of the fiscal year. Since AID has down. The trend could turn out-of-the-way Ms. JACKSON-LEE of Texas. Mr. been unable to release any population places like Pisgah into ghost towns, just as Speaker, let me thank the gentle- many farms villages in the upper Midwest funds since October 1995, the beginning faded into history when farming became woman for her leadership and also her of the fiscal year, this means that the mechanized. diligence on a myriad of issues that program will be deprived of support, al- ‘‘Historically, the role of the textile and have added to the enhancement of together, for three quarters of fiscal apparel industry has been to provide employ- women and their lives and their fami- 1996. For the remainder of this fiscal ment for the otherwise unemployable,’’ Mr. lies in this Nation and how important year, and for fiscal 1997 in its entirety, Buchanan said. ‘‘But that has been changing. it is. And we thank you for your orga- the funds can only be allocated month If there is no work, the sons and daughters nization of this special order to pay will move away, the way they did in farming. by month and on an equal-amount If there is no reason for a town to exist, it tribute to women both in terms of hon- basis. The net effect is a reduction in will go away.’’ oring them for this month and as well the family planning/reproductive If American apparel makers are surviving as recognizing the International Wom- health budget from $547 million in 1995 by hiring cheap labor overseas, the other big en’s Day which will be celebrated on to $72 million in 1996. component of the textile industry, the com- March 8, 1996. Most of the campaign against family panies that weave the cloth and fabric, is It is interesting, I would imagine planning has been carried out under thriving by applying the latest technology at that there might be those who would the guise of preventing U.S. foreign aid home. A visit to the Cone Mills Corporation plant be listening to this special order and funds from paying for abortions, a in Greensboro, N.C., shows the strides in pro- argue that we are all one family, one practice that has been banned since ductivity that American fabric makers have America. And I applaud that, and I cer- 1973. Ironically, the effots of my made in recent years. In the weaving room, tainly encourage the recognition that antichoice colleagues will lead to even H 1772 CONGRESSIONAL RECORD — HOUSE March 6, 1996 more abortions. Nils Daulaire, deputy TERS], a leader on women’s issues and time to come. But I think that if assistant administrator for policy at the newly elected ranking member on women really do believe and they real- the U.S. Agency for International De- the Committee on Banking and Finan- ly do understand that this is the most velopment, has said that an additional cial Services for Oversight. Thank you basic of all freedoms, the right to de- 200,000 illegal and unsafe abortions will for joining us. termine what happens to your body, result from this action. Daulaire Ms. WATERS. Thank you very much. then we will rise to the level that we projects that as many as 5,000 more I would like to thank you for providing must rise to in order to ensure that we women will die over the next year as a leadership for all of us as we join to- have such a freedom. result of unsafe abortions and gether to recognize International Wom- This evening I would like, in addition mistimed pregnancies, and that rough- en’s Day, which is Friday, March 8. I to talking about the freedom of choice, ly 500,000 additional births will result, thank you for providing leadership for to talk about an issue that really con- putting further stress on already us of focus and give some attention to cerns me, and that is women’s eco- strained child-survival programs. By who we are, what we are doing, what nomic empowerment. gutting funds for family planning, we are accomplishing and what we which enables women to avoid abortion must do to further the cause of women, b 1845 in the first place, this Congress has not only in this country, but in this sentenced women in the developing Nation. We have held a powerful and Women throughout the world con- world to more unwanted pregnancies highly successful World Conference on tinue to struggle to raise and provide and consequently, more abortions. Women in Beijing, and I suppose we for their families. We have fought hard This assault on family planning is an discovered something maybe others for the right to work, the opportunity attack on women everywhere, at home knew, but not all of us. We discovered to participate in government, the abil- and overseas. In the most fundamental that women all over the world are ity to access capital, to start our own way, it seeks to undermine women’s struggling for freedom, struggling for businesses, and the right to attain a ability to take charge of their own justice and equality, and while we have higher education and reliable child lives, their families, and their health made some serious and profound ad- care. care needs. vancements, we still have a long way All of our strides toward affirmative Enabling couples to plan when to to go. advancement are halted when our own have children and how many is at the Mr. Speaker, we have a long way to leaders talk about dismantling pro- very core of promoting personal re- go because there are those in this Na- grams under affirmative action that sponsibility and family values. By en- tion, some in very high places, who help women establish a level playing acting deep cuts in the program, my simply refuse to see us as equals, who field with men. I come from a State antichoice, and so-called pro-family, will deny us the opportunity to serve where we must be involved in the colleagues have increased the likeli- in the many diverse ways that men struggle to try and save opportunities hood that more families will experi- serve in this Nation and in this world, for women because there has been ad- ence the tragedy of maternal of infant and because we have those who would vanced something called the California death due to a lack of reproductive deny us opportunity, those who will Civil Rights Initiative, that would health care. fight very hard to ensure that we do eliminate affirmative action programs I would like to quote Senate Appro- not get a chance to realize our full po- in public employment, education, and public contracting. priations Chairman MARK HATFIELD, a tential, we must continue to struggle. pro-life Senator, who has expressed his We do not like the idea that we have Women have only begun to climb the outrage over the gutting of inter- to be here this evening even, talking corporate ladder and to shake up the national family planning. about the struggle that women are still glass ceiling. While women account for involved with in this world to ensure 52 percent of all Americans, yet we still What we did is bar access to family plan- comprise only 3 to 5 percent of senior ning services to approximately 17 million justice, equality, and freedom, but we couples, most of them living in unimaginable must do that. level positions in major companies. We poverty. We opened the door to the prob- One of the things that we all recog- represent only 11.8 percent of college ability of at least 14 million unintended nize, most women, and most women presidents, 10 percent of the House of pregnancies every year, tens of thousands of who are elected to the House of Rep- Representatives, and only 8 percent of deaths among women * * * and the prob- resentatives recognize, that until and the U.S. Senate. Even with affirmative ability of at least 4 million more abortions unless we are free to determine what action, women are still paid less for the that could have been averted if access to vol- happens with our bodies, we are not same work. Women make only 72 cents untary family planning services had been to a man’s dollar. maintained. free. It is the most basic of those free- doms that we are able to say what we In 1993, female managers earned 33 Senator HATFIELD is correct in say- want in relationship to our health con- percent less than male managers. Fe- ing that, cerns. We must be able to say without male college professors earned 23 per- The family planning language in [the CR] equivocation, without fear, without cent less than male professors, and fe- is not pro-life, it is not pro-woman, it is not concern for what anybody else thinks, male elementary school teachers pro-child, it is not pro-health, and it is not earned 22 percent less than male ele- pro-family planning. It inflicts the harm of a we must be able to say and make deci- profound misconception on very poor fami- sions about our bodies. mentary teachers. lies oversees who only ask for help in spacing We have been in this struggle for a I cannot continue to give you all of their children through contraception, not long time. It has been a long time since the dismal statistics. All I can say is, abortion. Roe versus Wade. But we find ourselves as we focus this evening, let us recog- My colleagues, I urge you, in honor having to defend our right to make de- nize that we are not near the equality of International Women’s Day and cisions about our own bodies right here that this country and this Nation and Women’s History Month, to help re- in this House because there are those, this world deserves. verse this policy. Please, let us not men for the most part, who will take Mr. TORRES. When I step onto the House turn back the clock on women’s rights, every opportunity to try and take back floor every day, I am never certain what I will let us not return to the days when the rights that we have garnered face: Will the agenda promote progress and women did not have the freedom to through the courts in this country. growth? Or will the House encourage policies choose what they would or would not And so we struggle month in and that deliver an America of inequality? do with their own bodies and when cou- month out, year in and year out, and Unfortunately, inequality is often the answer ples could not determine what was best we are still confronted with those ob- and women are often the targets. Whether the for their families. stacles that are created by some of the issue is opportunity on the corporate ladder or men in this House, even as we look to- the freedom to make choices, this Congress b 1830 ward our work over the next few has sought to strip away and demolish the Mrs. MALONEY. Thank you very months, and so I say to all of those who rights of women. much. I would now recognize the gen- are listening that this is a struggle At the top of the hit list is: limiting access to tlewoman from California [Ms. WA- that we may have to be in for some abortion and abolishing affirmative action. But March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1773 what worries me most is the theme of these ation of the bill (H.R. 3019) making ap- Mrs. CUBIN, for 5 minutes, today. efforts: These themes are not about helping propriations for fiscal year 1996 to Mr. TIAHRT, for 5 minutes, today. women. make a further downpayment toward a Mrs. CHENOWETH, for 5 minutes, If helping women was the intent, we would balanced budget, and for other pur- today. acknowledge the fact that women earn only 72 poses, which was referred to the House Mr. MICA, for 5 minutes, today. cents for every man's dollar, and we would Calendar and ordered to be printed. Mr. BRYANT of Tennessee, for 5 min- utes, today. enforce equal pay for equal work. f We would not question a woman's judgment Mr. FUNDERBURK, for 5 minutes, when she needs a medically necessary proce- PERMISSION FOR MEMBER TO today. Mr. SMITH of Michigan, for 5 minutes, dure; we would work toward perfecting the SUBMIT AMENDMENT TO H.R. today. safest method. 3019, THE BALANCED BUDGET Mr. HUNTER, for 5 minutes, today. If this Congress is serious about women's DOWNPAYMENT ACT, II Mr. FOX of Pennsylvania, for 5 min- issues, let's focus on what we can do for Mr. LINDER. Mr. Speaker, I ask utes, today. women, not what we can take away. unanimous consent that the gentleman f f from Wisconsin [Mr. OBEY] may have until midnight tonight to submit an EXTENSION OF REMARKS GENERAL LEAVE amendment to H.R. 3019 for printing in By unanimous consent, permission to Mrs. MALONEY. Mr. Speaker, I ask the RECORD. revise and extend remarks was granted unanimous consent that all Members The SPEAKER pro tempore. Is there to: may have 5 legislative days within objection to the request of the gen- (The following Members (at the re- which to revise and extend their re- tleman from Georgia? quest of Ms. JACKSON-LEE of Texas and marks and to include extraneous mat- There was no objection. to include extraneous matter:) ter on the subject of my special order f Mrs. THURMAN. tonight. Mr. HAMILTON. The SPEAKER pro tempore (Mr. APPOINTMENT OF MEMBERS TO Mr. BARCIA. HUTCHINSON). Is there objection to the ADVISORY COMMISSION ON Mr. STUDDS in two instances. request of the gentlewoman from New INTERGOVERNMENTAL RELA- Mr. DEUTSCH. York? TIONS Mr. RAHALL. Mr. KLECZKA. There was no objection. The SPEAKER pro tempore. Without Mr. JACOBS. f objection, and pursuant to the provi- Mr. MILLER of California. sions of section 3(a) of Public Law 86– Mr. CLAY. RECESS 380, the Chair announces the Speaker’s Mrs. MINK of Hawaii. The SPEAKER pro tempore. Pursu- appointment to the Advisory Commis- Mr. CONYERS. ant to clause 12 of rule I, the House sion on Intergovernmental Relations Mr. MARKEY. will stand in recess subject to the call the following Members of the House: Ms. BROWN of Florida. of the Chair. Mr. SHAYS of Connecticut and Mr. Mrs. MALONEY. Accordingly (at 6 o’clock and 46 min- PORTMAN of Ohio. (The following Members (at the re- utes p.m.), the House stood in recess There was no objection. quest of Mr. TATE) and to include ex- subject to the call of the Chair. f traneous matter:) Mr. LEWIS of California. f LEAVE OF ABSENCE Mr. SOLOMON. b 1910 By unanimous consent, leave of ab- Mr. BARCIA. sence was granted to: Mr. FOX of Pennsylvania. AFTER RECESS Mr. STEARNS. Ms. MCCARTHY (at the request of Mr. (The following Members (at the re- The recess having expired, the House GEPHARDT), for yesterday, March 5, and quest of Mr. LINDER) and to include ex- was called to order by the Speaker pro today, on account of official business. tempore (Mr. DREIER) at 7 o’clock and traneous matter:) f 10 minutes p.m. Mr. BUNN of Oregon. Mr. FUNDERBURK. f SPECIAL ORDERS GRANTED Mr. KENNEDY of Rhode Island. By unanimous consent, permission to REPORT ON RESOLUTION PROVID- Mr. POMEROY in two instances. address the House, following the legis- ING FOR CONSIDERATION OF Mr. DELLUMS. lative program and any special orders Mr. STEARNS. H.R. 3021, GUARANTEEING CON- heretofore entered, was granted to: Mr. WELDON of Pennsylvania. TINUING FULL INVESTMENT OF (The following Members (at the re- Mr. SHAW. SOCIAL SECURITY AND OTHER quest of Ms. JACKSON-LEE of Texas) to Mr. SANDERS. FEDERAL FUNDS IN OBLIGA- revise and extend their remarks and in- Mr. FRANK of Massachusetts in two TIONS OF THE UNITED STATES clude extraneous material: instances. Mr. LINDER, from the Committee on Mrs. MALONEY, for 5 minutes, today. Ms. NORTON. Rules, submitted a privileged report Ms. KAPTUR, for 5 minutes, today. Mr. GILMAN. Mr. HANSEN. (Rept. No. 104–473) on the resolution (H. Mr. POMEROY, for 5 minutes, today. Mr. YOUNG of Alaska. Res. 371) providing for consideration of Mr. TOWNS, for 5 minutes, today. Mrs. MEEK of Florida. the bill (H.R. 3021) to guarantee the Mrs. MINK of Hawaii, for 5 minutes, Mr. KENNEDY of Massachusetts. continuing full investment of Social today. f Security and other Federal funds in ob- Mrs. CLAYTON, for 5 minutes, today. ligations of the United States, which Mrs. SCHROEDER, for 5 minutes, ADJOURNMENT was referred to the House Calendar and today. Mr. LINDER. Mr. Speaker, I move ordered to be printed. Mr. GEJDENSON, for 5 minutes, today. that the House do now adjourn. f Ms. JACKSON-LEE of Texas, for 5 min- The motion was agreed to; accord- utes, today. ingly (at 7 o’clock and 12 minutes REPORT ON RESOLUTION PROVID- (The following Members (at the re- p.m.), the House adjourned until to- ING FOR CONSIDERATION OF quest of Mr. TATE) to revise and extend morrow, Thursday, March 7, 1996, at 10 H.R. 3019, THE BALANCED BUDG- their remarks and include extraneous a.m. ET DOWNPAYMENT ACT, II material:) f Mr. LINDER, from the Committee on Mr. WELDON of Pennsylvania, for 5 Rules, submitted a privileged report minutes, today. NOTICE OF PROPOSED (Rept. No. 104–474) on the resolution (H. Mr. MCINTOSH, for 5 minutes, today. RULEMAKING Res. 372) providing for the consider- Mr. DUNCAN, for 5 minutes, today. Office of Compliance Notice: H 1774 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Notice of Proposed Rulemaking: Rule- ations, Export Financing and Related Pro- coastwise trade; to the Committee on Na- making regarding the application of chapter grams Appropriation Act, 1996; jointly, to tional Security. 71 of title 5, United States Code, relating to the Committees on International Relations By Mr. ARCHER: Federal service labor-management relations; and Appropriations. H.R. 3021. A bill to guarantee the continu- procedures for remedy of violations, see page 2200. A letter from the Assistant Secretary ing full investment of Social Security and S1547–50 of the RECORD dated March 6, 1996. for Legislative Affairs, Department of State, other Federal funds in obligations of the The 30-day period for public comment on transmitting a report regarding the eco- United States; to the Committee on Ways these proposed regulations ends April 6, 1996. nomic policy and trade practices of each and Means. f country with which the United States has an By Mr. STUDDS (for himself, Mr. economic or trade relationship, pursuant to MCDERMOTT, Mr. ENGEL, Mr. WAX- EXECUTIVE COMMUNICATIONS, 15 U.S.C. 4711; jointly, to the Committees on MAN, Mr. BEILENSON, Mr. FROST, Mr. ETC. International Relations and Ways and EVANS, Mrs. COLLINS of Illinois, Mr. Means. RANGEL, Mr. DELLUMS, Mr. Under clause 2 of rule XXIV, execu- 2201. A letter from the Chair of the Board, GUTIERREZ, Mr. MORAN, and Mr. LI- tive communications were taken from Office of Compliance, transmitting advance PINSKI): the Speaker’s table and referred as fol- notice of proposed rulemaking for publica- H.R. 3022. A bill to amend the Public lows: tion in the CONGRESSIONAL RECORD, pursuant Health Service Act to establish a program to Public Law 104–1, section 304(b)(1) (109 regarding training in lifesaving first aid, in- [Omitted from the Record on March 5, 1996] Stat. 29); jointly, to the Committees on cluding training in the use of automated ex- 2191. A letter from the Assistant Secretary House Oversight and Economic and Edu- ternal defibrillators to assist individuals ex- for Legislative Affairs, Department of State, cational Opportunities. periencing cardiac arrest; to the Committee transmitting the President’s March 1, 1996, on Commerce. f determination regarding certification of the By Mr. SHAW (for himself, Mr. GILMAN, 31 major illicit narcotics producing and tran- REPORT OF COMMITTEE ON Mr. HAMILTON, and Mr. SOUDER): H.R. 3023. A bill to require the imposition sit countries, pursuant to 22 U.S.C. 2291; to PUBLIC BILLS AND RESOLUTIONS the Committee on International Relations. of certain trade sanctions on countries which [Submitted March 6, 1996] Under clause 2 of rule XIII, reports of threaten the national security of the United committees were delivered to the Clerk States and the health and safety of U.S. citi- 2192. A letter from the Assistant Secretary zens by failing to take effective action for Legislative Affairs, Department of State, for printing and reference to the proper calendar, as follows: against the production of and trafficking in transmitting the 1996 International Narcot- illicit narcotic, and psychotropic substances, ics Control Strategy Report, pursuant to 22 Mr. SOLOMON: Committee on Rules. and for other purposes; to the Committee on U.S.C. 2291(b)(2); to the Committee on Inter- House Resolution 369. Resolution to provide Ways and Means, and in addition to the Com- national Relations. the Committee on Government Reform and mittees on Transportation and Infrastruc- 2193. A letter from the Assistant Secretary Oversight special authorities to obtain testi- ture, and Rules, for a period to be subse- for Legislative Affairs, Department of State, mony for purposes of investigation and study quently determined by the Speaker, in each transmitting the Department’s report on of the White House Travel Office matter case for consideration of such provisions as PLO compliance, pursuant to Public Law (Rept. 104–472). Referred to the House Cal- fall within the jurisdiction of the committee 101–246, section 804(b) (104 Stat. 78); to the endar. concerned. Committee on International Relations. Mr. LINDER: Committee on Rules. House By Mr. YOUNG of Alaska (for himself, 2194. A letter from the Administrator and Resolution 371. Resolution providing for con- Mr. GALLEGLY, Mr. GINGRICH, Mr. CEO, Bonneville Power Administration, sideration of the bill (H.R. 3021) to guarantee SERRANO, Mr. KENNEDY of Rhode Is- transmitting the 1995 annual report of the the continuing full investment of Social Se- land, Mr. RAHALL, Mr. ROMERO- Bonneville Power Administration, also other curity and other Federal funds in obligations BARCELO, Mr. GILMAN, Mr. BURTON of reports pursuant to the Chief Financial Offi- of the United States (Rept. 104–473). Referred Indiana, Mr. UNDERWOOD, Mr. CAL- cers Act that relate to the Administration, to the House Calendar. VERT, Mr. LONGLEY, Mr. GENE GREEN pursuant to Public Law 89–448, section 3(a) Mr. DREIER: Committee on Rules. House of Texas, Mr. DEUTSCH, and Mr. (80 Stat. 201); to the Committee on Govern- Resolution 372. Resolution providing for con- KLINK): ment Reform and Oversight. sideration of the bill (H.R. 3019) making ap- H.R. 3024. A bill to provide a process lead- 2195. A letter from the Chairman, Council propriations for fiscal year 1996 to make a ing to full self-government for Puerto Rico; of the District of Columbia, transmitting a further downpayment toward a balanced to the Committee on Resources, and in addi- copy of D.C. Act 11–215, ‘‘Equal Opportunity budget, and for other purposes (Rept. 104– tion to the Committee on Rules, for a period for Local, Small, and Disadvantaged Busi- 474). Referred to the House Calendar. to be subsequently determined by the Speak- ness Enterprises Temporary Amendment Act f er, in each case for consideration of such pro- of 1996,’’ pursuant to D.C. Code, section 1– visions as fall within the jurisdiction of the 233(c)(1); to the Committee on Government BILLS PLACED ON THE committee concerned. Reform and Oversight. CORRECTIONS CALENDAR By Mr. BAKER of Louisiana: 2196. A letter from the Attorney General, H.R. 3025. A bill to suspend until January Department of Justice, transmitting the an- Under clause 4 of rule XIII, the 1, 1999, the duty on 2,2-Dichlorophenylacetic nual report under the Federal Managers’ Fi- Speaker filed with the Clerk a notice Acid Ethel Ester [DCPAE]; to the Committee nancial Integrity Act for fiscal year 1995, requesting that the following bills be on Ways and Means. pursuant to 31 U.S.C. 3512(c)(3); to the Com- placed upon the Corrections Calendar: By Mr. BRYANT of Tennessee (for him- mittee on Government Reform and Over- H.R. 2685. A bill to repeal the Medicare and self, Mr. BARR, Mr. BONO, Mr. DUN- sight. Medicaid Coverage Data Bank. CAN, Mr. GEKAS, Mr. GOODLATTE, Mr. 2197. A letter from the General Counsel, HEINEMAN, Mr. HOSTETTLER, Mr. f Federal Emergency Management Agency, MCCOLLUM, Mr. SCHUMER, Mr. SEN- transmitting a report of activities under the TIME LIMITATION OF REFERRED SENBRENNER, and Mr. SMITH of Freedom of Information Act for calendar Texas): year 1995, pursuant to 5 U.S.C. 552(d); to the BILL H.R. 3026. A bill to amend section 372 of Committee on Government Reform and Pursuant to clause 5 of rule X the fol- title 28, United States Code, to provide that Oversight. lowing action was taken by the Speak- proceedings on complaints filed with respect 2198. A letter from the Director, Adminis- er: to conduct of a judge or magistrate judge of tration and Management, Department of De- a court be held by a circuit other than the fense, transmitting the annual report of H.R. 2969. Referral to the Committee on circuit within which the judge serves, and cross-servicing and acquisition actions un- Commerce extended for a period ending not for other purposes; to the Committee on the dertaken pursuant to acquisition and cross- later than March 11, 1996. Judiciary. servicing agreements with countries that are f By Mr. BRYANT of Tennessee (for him- not part of the North Atlantic Treaty Orga- self, Mr. BARR, Mr. DUNCAN, Mr. nization [NATO] or its subsidiary bodies, PUBLIC BILLS AND RESOLUTIONS GEKAS, Mr. GOODLATTE, Mr. pursuant to 10 U.S.C. 2349; jointly, to the Under clause 5 of rule X and clause 4 HEINEMAN, Mr. HOSTETTLER, Mr. Committees on National Security and Inter- of rule XXII, public bills and resolu- MCCOLLUM, Mr. SENSENBRENNER, and national Relations. Mr. SMITH of Texas): 2199. A letter from the Assistant Secretary tions were introduced and severally re- H.R. 3027. A bill to amend title 18, United for Legislative Affairs, Department of State, ferred as follows: States Code, and the Controlled Substances transmitting a copy of Presidential Deter- By Mr. GUTIERREZ (for himself, Ms. Act, with respect to the payment of the costs mination No. 96–11: Presidential Determina- VELAZQUEZ, and Mr. SERRANO): of court-appointed attorneys in certain tion on Military Drawdown for Jordan, pur- H.R. 3020. A bill to exclude voyages to or criminal cases; to the Committee on the Ju- suant to section 572 of the Foreign Oper- from Puerto Rico from laws applicable to diciary, and in addition to the Committee on March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1775

Commerce, for a period to be subsequently the Committee on Transportation and Infra- H.R. 2342: Ms. EDDIE BERNICE JOHNSON of determined by the Speaker, in each case for structure, for a period to be subsequently de- Texas. consideration of such provisions as fall with- termined by the Speaker, in each case for H.R. 2401: Mr. STUPAK. in the jurisdiction of the committee con- consideration of such provisions as fall with- H.R. 2421: Mr. SHAYS, Mr. SAXTON, Mrs. cerned. in the jurisdiction of the committee con- KELLY, Mr. BLUTE, Mr. FORBES, Mrs. JOHN- By Mr. CONYERS: cerned. SON of Connecticut, Mr. GEJDENSON, Mr. H.R. 3028. A bill to secure the voting rights By Mr. SCHAEFER (for himself, Mr. MARKEY, Ms. SLAUGHTER, Mr. STUDDS, Mr. of former felons who have been released from TAUZIN, Mr. CHRYSLER, Mr. BONO, Mr. ACKERMAN, and Mr. MCNULTY. incarceration; to the Committee on the Judi- HEFLEY, Mr LINDER, and Mr. STUMP): H.R. 2452: Mr. HOKE. ciary. H.R. 3039. A bill to promote freedom, fair- H.R. 2500: Mr. HUTCHINSON and Mr. MAR- By Mr. DAVIS (for himself and Ms. ness, and economic opportunity for families TINEZ. H.R. 2509: Mr. COOLEY and Mr. KINGSTON. NORTON): by repealing the income tax, abolishing the H.R. 2535: Mr. CHAMBLISS. H.R. 3029. A bill to designate the United Internal Revenue Service and enacting a na- H.R. 2551: Mr. NEY. States courthouse in Washington, District of tional retail sales tax to be administered pri- H.R. 2651: Mr. BONO. Columbia, as the ‘‘E. Barrett Prettyman marily by the States; to the Committee on H.R. 2682: Mr. GILMAN. United States Courthouse’’; to the Commit- Ways and Means. H.R. 2701: Mr. MINGE, Ms. MOLINARI, Mr. tee on Transportation and Infrastructure. By Mrs. SMITH of Washington (for her- HASTINGS of Florida, Mr. QUILLEN, Ms. By Ms. ESHOO: self, Mr. SHAYS, and Mr. MEEHAN): DELAURO, Mrs. KENNELLY, Mr. ORTIZ, Mrs. H.R. 3030. A bill to establish a minimum H. Res. 373. Resolution providing for the LOWEY, and Mr. SKEEN. amount that maybe applied as an aggregate consideration of the bill (H.R. 2566) to reform H.R. 2741: Mr. BARR, Mr. ARMEY, Mr. lifetime limit with respect to coverage under the financing of Federal elections, and for DELAY, Mr. BOEHNER, and Mr. TAUZIN. an employee health benefits plan or a group other purposes; to the Committee on Rules. H.R. 2745: Mr. LUTHER, Mr. FOX, Mr. health plan; to the Committee on Economic WALSH, Mr. RANGEL, Mrs. MEYERS of Kansas, f and Educational Opportunities, and in addi- Mr. LEVIN, and Mrs. ROUKEMA. tion to the Committee on Commerce, for a PRIVATE BILLS AND H.R. 2802: Ms. FURSE, Mr. RIGGS, Mr. TAY- period to be subsequently determined by the RESOLUTIONS LOR of Mississippi, Mr. OBERSTAR, Mr. BISH- Speaker, in each case for consideration of OP, Mr. CALLAHAN, Mr. DEFAZIO, Mr. TRAFI- such provisions as fall within the jurisdic- Under clause 1 of rule XXII, CANT, Mr. NORWOOD, and Mr. HUTCHINSON. tion of the committee concerned. Mr. PETERSON of Florida introduced a H.R. 2864: Mr. FATTAH, Mr. THOMPSON, and By Mr. HANSEN: bill (H.R. 3040) to authorize the Secretary of Mr. FRANK of Massachusetts. H.R. 2898: Mrs. MEYERS of Kansas, Mr. H.R. 3031. A bill to amend the act of Octo- Transportation to issue a certificate of docu- CUNNINGHAM, and Mrs. ROUKEMA. ber 15, 1966 (80 Stat. 915), as amended, estab- mentation with appropriate endorsement for H.R. 2919: Mr. EHLERS. lishing a program for the preservation of ad- employment in the coastwise trade for the H.R. 2928: Mr. CHRYSLER, Mr. TIAHRT, Mr. ditional historic property throughout the vessel Two Can; to the Committee on Trans- SHADEGG, and Mr. FOX. Nation, and for other purposes; to the Com- portation and Infrastructure. mittee on Resources. H.R. 2930: Mr. LAZIO of New York. H.R. 2931: Mr. FRAZER, Mrs. LINCOLN, Mr. By Mr. KANJORSKI (for himself, Mr. f FROST, and Mr. FATTAH. MCDADE, Mr. MURTHA, Mr. COYNE, ADDITIONAL SPONSORS H.R. 2945: Mr. FARR, Mr. ABERCROMBIE, Mr. Mr. GEKAS, Mr. HOLDEN, Mr. MCHALE, CONDIT, Mr. TOWNS, Ms. KAPTUR, Mr. THOMP- Mr. GREENWOOD, Mr. MASCARA, and Under clause 4 of rule XXII, sponsors SON, Mr. TAYLOR of North Carolina, Mrs. Mr. DOYLE): were added to public bills and resolu- COLLINS of Illinois, and Mr. HINCHEY. H.R. 3032. A bill to assist State and local tions as follows: H.R. 2946: Mr. FARR, Mr. ABERCROMBIE, Mr. governments in recovering from recent dis- CONDIT, Mr. TOWNS, Ms. KAPTUR, Mr. THOMP- asters; to the Committee on Banking and Fi- H.R. 833: Mr. MCHALE and Ms. PELOSI. SON, Mr. TAYLOR of North Carolina, and Mrs. nancial Services. H.R. 835: Ms. WATERS. H.R. 911: Mr. BILBRAY, Mr. CRAMER, and COLLINS of Illinois. By Mr. MARKEY (for himself, Mr. KA- Mr. BILIRAKIS. H.R. 2959: Mr. FRELINGHUYSEN, Mr. WATT of SICH, Mr. KENNEDY of Massachusetts, RANKS North Carolina, Mr. GIBBONS, Mr. MENENDEZ, ROST OHNSTON H.R. 957: Mr. F of Connecticut. Mr. F , and Mr. J of Flor- Mr. WILLIAMS, and Mr. CLYBURN. ida): H.R. 969: Mr. KENNEDY of Massachusetts. H.R. 1000: Mr. FRANKS of New Jersey and H.R. 2972: Mr. RUSH. H.R. 3033. A bill to control the transfer H.R. 2974: Mr. CHRISTENSEN, Mr. BAKER of Mr. BROWN of Ohio. within the United States of infectious agents Louisiana, Mr. SKEEN, Mr. LATOURETTE, Mr. H.R. 1462: Mr. BENTSEN and Mr. SKEEN. which have the potential to pose a severe SMITH of New Jersey, Mr. ACKERMAN, and Mr. H.R. 1496: Mr. QUINN. threat to the public health and safety, and GENE GREEN of Texas. H.R. 1646: Mr. MCHALE, Mr. WAMP, Mrs. for other purposes; to the Committee on H.R. 2991: Mr. FRAZER and Mr. FORD. MORELLA, Mr. EWING, Mr. BARCIA of Michi- Commerce. H.J. Res. 159: Mr. LAHOOD and Mr. BONO. By Mr. MILLER of California: gan, Mr. STUPAK, Mr. FAZIO of California, H. Con. Res. 47: Mr. THOMAS. H.R. 3034. A bill to amend the Indian Self- Mr. BATEMAN, Mr. BISHOP, Mr. HILLEARY, and H. Con. Res. 83: Mr. MCHALE. Determination and Education Assistance Act Mr. SAM JOHNSON. H. Con. Res. 124: Mr. SENSENBRENNER. to extend for 2 months the authority for pro- H.R. 1684: Mr. SMITH of Texas, Mr. HOKE, H. Con. Res. 144: Mr. ANDREWS, Mr. FOGLI- mulgating regulations under the act; to the Mr. PETE GEREN of Texas, Mr. TEJEDA, and ETTA, Mr. GILMAN, Mr. SCHUMER, and Mr. Committee on Resources. Mr. BONO. THORNTON. By Mrs. MINK of Hawaii: H.R. 1733: Mr. SCOTT and Mr. MOAKLEY. H. Res. 286: Mr. TORRES. H.R. 3035. A bill to provide for a special ap- H.R. 1757: Mr. NADLER. H. Res. 348: Mr. PORTER, Mr. SCHAEFER, Mr. plication of section 1034 of the Internal Reve- H.R. 1758: Mr. BONIOR and Mr. PAYNE of SKEEN, Mr. RADANOVICH, Mr. CRANE, Mr. nue Code of 1986; to the Committee on Ways Virginia. CHRYSLER, Mr. GOODLATTE, Mr. SOLOMON, and Means. H.R. 1771: Mrs. LOWEY. Mr. WELLER, Mr. INGLIS of South Carolina, By Mr. MONTGOMERY (for himself, H.R. 1776: Mr. THORNBERRY, Mr. WATT of Mr. TIAHRT, Mrs. MEYERS of Kansas, and Mr. Mr. STUMP, Mr. BUYER, and Ms. WA- North Carolina, Mr. NEUMANN, Mr. TALENT, SPRATT. H. Res. 362: Mr. FARR, Mr. ABERCROMBIE, TERS): Mr. FRANKS of Connecticut, Mr. BATEMAN, H.R. 3036. A bill to amend title 38, United Mr. BOEHLERT, and Mrs. FOWLER. Mr. CONDIT, Mr. TOWNS, Ms. KAPTUR, Mr. States Code, to require that the offices for H.R. 1791: Mr. BARRETT of Wisconsin. THOMPSON, Mr. TAYLOR of North Carolina, management, policy, and other functions as- H.R. 1828: Mr. ORTIZ. and Mrs. COLLINS of Illinois. sociated with the educational assistance pro- H.R. 2019: Mr. ABERCROMBIE and Mr. CLEM- f ENT. grams of the Education Service of the De- DELETIONS OF SPONSORS FROM partment of Veterans Affairs be in the Dis- H.R. 2026: Mr. TALENT, Mr. FRANKS of New trict of Columbia; to the Committee on Vet- Jersey, and Mr. SANFORD. PUBLIC BILLS AND RESOLUTIONS erans’ Affairs. H.R. 2090: Mr. SCHAEFER. Under clause 4 of rule XXII, sponsors By Mr. POMEROY: H.R. 2098: Mr. ROYCE. were deleted from public bills and reso- H.R. 3037. A bill to amend title 49, United H.R. 2182: Mr. TRAFICANT. lutions as follows: States Code, to provide funding for the es- H.R. 2202: Mr. CREMEANS, Mr. BATEMAN, H.R. 359: Mr. BONO. sential air service program, and for other and Mr. MARTINI. H.R. 1963: Mr. SAXTON. purposes; to the Committee on Transpor- H.R. 2228: Mr. EHLERS. f tation and Infrastructure. H.R. 2247: Ms. EDDIE BERNICE JOHNSON of H.R. 3038. A bill to reauthorize and amend Texas, Mr. WATT of North Carolina, and Mr. PETITIONS, ETC. title XIV of the Public Health Service Act YATES. (commonly known as the ‘‘Safe Drinking H.R. 2270: Mr. ALLARD and Mr. WHITE. Under clause 1 of rule XXII, petitions Water Act’’), and for other purposes; to the H.R. 2333: Mr. NEAL of Massachusetts, Mr. and papers were laid on the Clerk’s Committee on Commerce, and in addition to HAYES, and Mr. RANGEL. desk and referred as follows: H 1776 CONGRESSIONAL RECORD — HOUSE March 6, 1996 66. By the SPEAKER: Petition of the city H.R. 3019 sions of the other organization on legislative of Miami, FL, Commission relative to the OFFERED BY: MR. MCINTOSH issues. downing of two unarmed civilian planes on AMENDMENT NO. 1: At the end, add the fol- ‘‘(2) The governing board of one such orga- February 24, 1996, by the Cuban Government; lowing: nization includes persons who— to the Committee on International Rela- SEC. . EXEMPT ORGANIZATIONS. ‘‘(A) are specifically designated representa- tions. Section 18 of the Lobbying Disclosure Act tives of the other such organization or are 67. Also, petition of the Council of the Dis- of 1995 is amended— members of the governing board, officers, or trict of Columbia, relative to Council Reso- (1) by inserting ‘‘(a) ORGANIZATION.—before paid executive staff members of such other lution 11–251, ‘‘Sense of the Council Federal ‘‘An’’; organization; and Payment Emergency Resolution of 1996’’; to (2) by striking ‘‘section 501(c)(4)’’ and in- the Committee on Government Reform and serting ‘‘section 501(c)(4) or 501(c)(5)’’; ‘‘(B) by aggregating their votes, have suffi- Oversight. (3) by inserting after ‘‘1986’’ the following: cient voting power to cause or prevent ac- ‘‘or affiliated organizations’’; and tion on political advocacy issues by the f (4) by adding at the end the following: other such organization. ‘‘(b) DEFINITION.—For purposes of sub- ‘‘(3) The organizations— section (a), any 2 organizations shall be con- AMENDMENTS sidered to be affiliated organizations if the ‘‘(A) either use the same name or trade- organizations meet any one or more of the mark, or represent themselves as being af- Under clause 6 of rule XXIII, pro- following criteria: filiated; and posed amendments were submitted as ‘‘(1) The governing instrument of one such ‘‘(B) coordinate their lobbying activities or follows: organization requires it to be bound by deci- political advocacy.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, WEDNESDAY, MARCH 6, 1996 No. 29 Senate (Legislative day of Tuesday, March 5, 1996)

The Senate met at 9:30 a.m., on the ness until the hour of 11 a.m., with and America is going down the wrong expiration of the recess, and was called Senators permitted to speak therein road. We have other candidates who to order by the President pro tempore for 5 minutes each, with the following say that the solution to at least one of [Mr. THURMOND.] exceptions: Senator FEINSTEIN, for 15 our problems is to build a fence be- minutes; Senator DORGAN, for 15 min- tween the United States and Mexico to PRAYER utes, Senator BINGAMAN, for 30 min- keep immigrants out. I scratch my head and wonder, why The Chaplain, Dr. Lloyd John utes; Senator THOMAS, for 30 minutes. would we want to build a fence to keep Ogilvie, offered the following prayer: At the hour of 11 a.m., it will be the people out? Why do people want to Lord God, You are infinite, eternal, intention of the leadership to begin come? Because this is a wonderful unchangeable, and the source of wis- consideration of a resolution regarding the extension of the Whitewater Com- place, a remarkable country, a country dom, holiness, goodness, and truth. full of hope and opportunity, a country Today we want to hold together two mittee. Rollcall votes are, therefore, possible during today’s session. many others look to as a beacon of Biblical admonitions. We are told that hope in the world. So what is the dis- the fear of the Lord is the beginning of Mr. President, I suggest the absence of a quorum. connection here? Why is it that one wisdom but also that we are not to group of people say it is an awful place, fear. Help us to distinguish between The PRESIDING OFFICER (Mr. CAMPBELL). The clerk will call the roll. this country is going to hell in a the humble awe and wonder that opens handbasket, and other people say we us to the gift of Your guidance, and the The assistant legislative clerk pro- ceeded to call the roll. have too many people who want to negative panic that so often grips our come here, so let us build fences to souls. Mr. DORGAN. Mr. President, I ask unanimous consent that the order for keep them out? Give us a profound reverence in Your I could make the case as a politician, the quorum call be rescinded. presence that keeps us on the knees of find a lectern and an audience and go The PRESIDING OFFICER. Without our hearts. May we never presume that on the stump and tell people about objection, it is so ordered. we are adequate for a day’s challenges America: There are 23,000 murders a The Senator from North Dakota is until we have received Your strength year, and we are the murder capital of recognized for 15 minutes. and vision. Give us the confidence that the world. The United States consumes comes from trust in Your reliability f 50 percent of the world’s cocaine. There and resourcefulness. You never let us THE AMERICAN PEOPLE HAVE are 110,000 rapes in a year, and there down and constantly lift us up. CHOICES TO MAKE are a million violent aggravated as- Lord, liberate us from all minor fears saults in a year. Ten million people are that haunt us: the fear of hidden Mr. DORGAN. Mr. President, yester- looking for work, 25 million are on food memories, the fear of imagined failure, day was so-called Junior Tuesday, stamps, and 40 million people are living and the fear of what is ahead. We may where there were a lot of Presidential in poverty. There will be a million and not know what the future holds, but we primaries in our country. It is one a quarter babies born this year without do know that You hold the future. In more step in this public discussion that a father present at the birth, and the name of Him whose constant watch happens every even numbered year 900,000 of those babies will never in word is ‘‘Fear not, I am with you!’’ under the Constitution in our country their lifetimes learn the identity of Amen. whereby the American people make their fathers. f choices about their future. I can talk about the challenges and It is interesting to watch the politi- the troubles in this country. We enter- RECOGNITION OF THE ACTING cal system this year because the dis- tain ourselves with everybody’s dys- MAJORITY LEADER cussion and debate in our political sys- functional behavior. We, every day and The PRESIDENT pro tempore. The tem is fascinating and interesting to every way, on television and elsewhere, distinguished acting majority leader, me and, I think, millions of others. hold it up to the light on Oprah and Senator LOTT, is recognized. There is one area especially that has Phil and Geraldo and Ricki, all of those f me confused. We have, at the same programs, and say, ‘‘Is this not ugly?’’ time, candidates for public office who ‘‘Is this not awful?’’ Yes, it is ugly. But SCHEDULE will tell us that this country is in ter- it is the exception. So it becomes en- Mr. LOTT. Mr. President, today rible shape, America is in deep trouble, tertainment, entertaining people with there will be a period for morning busi- the Congress cannot do anything right, other people’s dysfunctional behavior.

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

S 1537 S 1538 CONGRESSIONAL RECORD — SENATE March 6, 1996 This country is much, much more than them. Personal security issues—we Do you know something? That provi- any of that. The crime, the poverty, must deal with crime and do it in the sion now exists in our Tax Code, and and the unemployment are challenges right way. Values—diminished stand- we had a vote on it last October. I tried we have to respond to in this country. ards and values in this country are of to get that provision repealed, saying But this is a country that got through concern. We must deal with that in the we should no longer have an insidious a civil war and united on the other families, the neighborhoods, and the provision in our Tax Code that pays side. This is a country that survived a communities all across this country. companies to move their workers over- depression and got through on the I want to talk today about the cen- seas—pays companies to shut down other side. This is a country that de- terfold of what ought to be the debate their manufacturing plant in our coun- feated Hitler and cured polio and put a in 1996. That is the economy and jobs. try and move their jobs overseas. Do man on the Moon. This is a country We have a circumstance in this coun- you know how many people voted with remarkable resources and remark- try that is described well, I think, by against my proposal to close that in- able will. two pieces in the Washington Post 2 sidious loophole? Fifty-two. Fifty-two The question is, How do we as a coun- weeks apart. First, ‘‘Labor Cost Rise in people said, ‘‘We believe we ought to try and as a government—a representa- ’95 was Lowest on Record.’’ Blue collar keep that tax loophole.’’ tive government as called for in our workers, this says, had benefits or The old advice in medicine, to save Constitution—together create the labor costs increasing 2.5 percent. That the party you stop the bleeding. If we things and do the things necessary to is not even the rate of inflation, just are going to start talking about jobs— advance our country’s interests and under the rate of inflation. So, workers and we ought to be; that ought to be make it a stronger, better country for down at the bottom of this country— the central issue in this Chamber—we everybody in the future? We have a the people who work, manufacture, and ought to start with step one. Every chorus of people who tell us that the produce—are not quite keeping up with person in this Chamber ought to stand solution is just get rid of Government. inflation. Two weeks later, ‘‘CEO’s at up on this question, and I will give The problem is our Government. Major Corporations Got a 23 Percent them the opportunity a dozen times if We have done a lot of good things in Raise Last Year.’’ Average salary? $4 it takes it this year, because we will this country together. I worry about a million. Some of them got raises while vote on this proposition again and country where we treat as a public they downsized and streamlined and again and again: Do you believe we sport an effort to essentially try to cut out 10,000, 20,000, or 40,000 jobs to be ought to have a provision in our Tax denigrate our institutions. I worry more competitive. Code that says shut your plants down about a democracy where there is not What does that mean, being more here, move your jobs overseas, and we respect for the institution of govern- competitive? It means they are global will reward you, we will give you a big ment, because government is all of us. enterprises. They do not sing the Na- fat tax break worth billions of dollars. The people rule this place. Nobody but tional Anthem. They do not say the That is going to be closed this year, the people rule this Senate, because Pledge of Allegiance. What they want one way or another. This Senate is the people determine who serves here. is profit for their stockholders, and going to vote, and the vote is going to Those they want out will very soon be they want to do that any way they can. be different than the 52 votes against out; those they want to retain, who If that means hiring people who work me last October. I believe we ought to they believe fight for the right public for 12 cents a day, 12 hours a day, even do that as a first step—shut down that policies and the right kind of future for if they are 12 years old, in some foreign insidious tax provision. this country, will stay. country to make tennis shoes, rugs, or The second step we ought to do is There is an enormous capacity for shirts, and then ship the product to take the advice of the Senator from good in all of us, to do the right thing Pittsburgh, Fargo, or Denver and sell New Mexico, Senator BINGAMAN, and for this country’s future, if we decide them, if that spells profit, that is just many others who worked on the high- to concentrate not on what is wrong fine for those interests because it is in wage task force, and start providing in- with these institutions, but decide to their economic interests, but it is not centives to those who create good jobs make sure these institutions work to in this country’s interest. in this country. Stop the hemorrhaging create real solutions to the real prob- The center of the economic debate in of jobs out of this country and start re- lems confronting the American people. this country is how do we provide the warding and providing incentives for Some would say the answer is just incentives to keep good jobs here in those who create jobs in this country. term limits. If we can impose term lim- this country and prevent jobs from We can talk forever about all the other its and get all these evil, venal people leaving? Now, we have a trade deficit ancillary issues, but what is important out of these institutions and move all that I am not going to talk about at to the American family is this: 60 per- the knowledge out the door with them, great length. Pat Buchanan is out cent of them sit down for dinner these then we have something that is good there and that lit the fuse on the de- days and around the dinner table talk for America. In fact, I saw all these bate. On part of it he is right, and on about their lot in life. What they dis- folks who come to the floor of the Sen- part of it he is wrong. The debate cover is that they are working harder ate this year. I saw people who served ought to be this: We ought not in this and, after 20 years, have less income. here 20 and 30 years march to the floor country create circumstances where we After 20 years, they have lost income of the Senate and vote for term limits. tell enterprises, ‘‘If you move your jobs when you adjust for inflation. They did not believe in term limits; and your plant overseas we will make a That is not the American dream. The not for a minute. They felt politically, bargain with you. Your Federal Gov- American dream is to work harder and I suppose, it is the thing to do. Make ernment will give you a tax break.’’ do better and hope your kids do better sure those who have experience are Can you think of anyone in the U.S. than that. But we now have an eco- told, ‘‘You cannot serve anymore.’’ I Senate who would decide to go out and nomic circumstance where the largest would not trade one BOB DOLE for 75 hold a town meeting or announce for enterprises in our country and in the freshman Republicans in the House, election and decide, ‘‘My hypothesis is world have decided they want to just because I think the people here this: I am going to decide to run on produce where it is cheap and sell into with the experience and the people who this proposition. I believe that we established markets, which means are here who understand the value of ought to provide a tax cut or a tax American jobs leave. We have to decide doing the right things through this in- loophole or a tax break for manufac- as a Congress and as a country what it stitution of government, an institution turing firms who close their businesses is we are going to do to rebuild once that is all of ours, are the people who in the United States and move them more an infrastructure of good manu- are finally going to advance this coun- overseas.’’ How many votes do you facturing jobs in America. try’s interests, not Democrat or Repub- think that politician would get? They I have said before and I will say it lican, but just Americans, working to- would get booed out of every single again until people are tired of it, you gether to solve problems. room in this country and should be cannot measure America’s economic What are the problems in this coun- booed out of every single room in this strength by what we consume. The peo- try? They are legion. There are a lot of country. ple at the Federal Reserve Board with March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1539 thick glasses, living in concrete bunk- It is something we can alter, we can becoming a distant memory for many, ers, every month they measure what change, if we, in this Chamber, finally many families in this country. Amer- we consume. They think heart attacks get rid of all these distractions and get ican working families need both par- are a source of national strength and to the center of the economic debate: ents’ incomes now, in order to make an earthquake is a source of national What about good jobs in America’s fu- ends meet. The number of two-worker economic enterprise. Hurricane Andrew ture? How do we create them and how families rose by more than 20 percent added one-half of 1 percent to the gross do we keep them? And can we take the in the 1980’s and more than 7 million domestic product in our country. That first baby step by deciding, all of us, workers—think about this—7 million is true. That is the way the Federal Re- that we will finally and completely workers are holding more than one job. serve Board measures economic close the insidious loophole in our Tax At least two. The largest increase in progress, what do they consume. They Code that actually rewards companies population of working spouses was document what we consume, not the to move jobs overseas, and then begin among families earning the least damage. That is not what economic to take other steps to say we want to, money. health is. in addition to stopping jobs going over- There is no question the standard of Economic health in this country will seas with juicy tax breaks, we want to living of American working families is be measured by what we produce. Do provide incentives that will help create declining. Workers have invested their you have a vibrant, working manufac- new jobs, good jobs, good paying jobs in hard work, their time—and let me un- turing sector that is competitive and this country? And that represents part derscore—loyalty to the company they produces in a way that is competitive of the work that we have done in the work for, and employment in the com- with the rest of the world, and also Democratic caucus, especially with the panies, and are being repaid with lay- produces good jobs with good income task force headed by Senator BINGA- offs, downsizing, and relocation by for American workers? If you do not MAN. these same employers. have that, nothing else much matters The PRESIDING OFFICER. The time The American dream is fast becom- to those families who are having dinner of the Senator has expired. ing a distant vision for many American and losing money and talking about The Senator from Kentucky [Mr. working families. Society is changing with the growth their lot in life, knowing that their FORD] is recognized. wages are going down, their job is less Mr. FORD. Mr. President, what is the in technology. Computers are replacing secure, they have fewer benefits, and parliamentary situation? jobs that were once done by hand. We need to change the outlook for the they know that the future for their The PRESIDING OFFICER. The Sen- American work force by adjusting our children is less bright than that which ate is in morning business. Several education and training opportunities they face. Senators have reserved time to speak. to reflect the needs of the marketplace. That is why Senator BINGAMAN and Mr. FORD. I did not want to inter- We can no longer view the develop- others—all of us have worked together rupt anything. Could I have 5 minutes? ment of a skilled work force separately to try to create a circumstance where The PRESIDING OFFICER. All Sen- from development of the business com- we can begin to debate in this Chamber ators may speak for up to 5 minutes munity. By adjusting to the needs of the center of the economic debate in each. the business community we can pro- the country: How do you create and re- Mr. FORD. Well, could I have 5 min- vide our workers with good jobs at real tain good jobs in America? There is not utes? wages. Government cannot solve this The PRESIDING OFFICER. The Sen- any way that we ought to lose on the problem alone. international economic stage. We just ator from Kentucky. Let me give an example. In my home should not. f State of Kentucky the business com- I grew up in a town of 300 people, munity, the educational community which is probably the case with many WORKERS’ DECLINING STANDARD OF LIVING and local leaders are working together Members of the Senate. It was a small through school-to-work, and work Mr. FORD. Mr. President, I think we town. When I walked to school I knew force development programs, to create all ought to listen to the Senator from I came from the country that was the jobs for the future. We are creating North Dakota. I think the Senator biggest, the best, and the strongest. We high-technology jobs at high-tech- from North Dakota laid it out very could beat anybody in the world at nology wages. This is a partnership: well and if we listen to what he says anything and we could do it with one Education, partnership with business; hand tied behind our back. and the direction he wants to go, he partnership with government. Our competitors are shrewd, tough, has within him the American dream. It Government cannot be all things to international competitors. The world was instilled in him as a boy. He could all people but it can be an honest part- has changed. We cannot countenance be my son. That’s the difference in age. ner. unfair trade. We cannot countenance I hope I have instilled into my son that Kentucky has taken the approach dumping in our markets. We cannot he has that opportunity. that students not entering college countenance economic enterprises that But, Mr. President, our Nation’s should have both a high school diploma decide they want to produce where it is economy is strong and it is growing. and certified skills, enabling them to cheap to produce and sell back to our Home ownership, when you read the enter the work force at a living wage. established market, even if it means records, is at its highest rate in 15 So, Mr. President, in order to prepare fewer American jobs. years. Mr. President 7.8 million new our work force of the future we must We must decide to stand up for the jobs have been created in the last 3 maintain the tools such as school-to- economic interests of this country. It years. And the administration’s 1993 work that have succeeded in places like is not to say we ought to build a wall economic plan has cut the deficit near- my State of Kentucky. The President to keep things out. It is to say, wheth- ly in half. However, for the first time— has requested that funding for school- er we are talking about the Japanese and I underscore first time—in our to-work be restored and I think it trade surplus with us or our deficit country’s history, productivity is surg- should be in the next continuing reso- with them, that we insist you buy more ing but real wages for workers are de- lution. I ask my colleagues to support from us. If you have a $50 billion trade clining. That is unacceptable. That is this add-back, which will assist 27 surplus with us, or we a deficit with just unacceptable, that productivity is States in building statewide school-to- you, then we insist you buy more from surging and real wages for workers are work transition systems. us because that is what translates into declining. I appreciate the efforts of my col- more American jobs. Our failure to do The majority of Americans are work- leagues, Senator BINGAMAN, Senator that consigns us to a future of lower ing longer and harder, as my friend DASCHLE, Senator DORGAN. I feel their standards of living because of these from North Dakota said, without the report addresses issues that are fore- trade deficits, and that is not some- promise of higher wages or job security most in the minds of American fami- thing I am prepared to accept. It is not from their employers. lies. something I believe my constituents The days of having one parent at I read the other day a statement, I do are prepared to accept. home with the child, or children, are not know who to attribute it to, but I S 1540 CONGRESSIONAL RECORD — SENATE March 6, 1996 am going to repeat it. ‘‘A cut in edu- I also want to thank all the experts 10-year period—you can see a dramatic cation never heals.’’ that we consulted with, many of whom dropoff in the total number or the total A cut in education never heals, and made major contributions to what we percentage of workers with pension in there lies our responsibility. were doing. coverage which dropped from 50 per- The PRESIDING OFFICER. Under First, let me talk about the problem. cent in 1979 to 43 percent in 1989. When the previous order, the Senator from The economy in this country is grow- you break that down according to the New Mexico, Senator BINGAMAN, is rec- ing too slowly. It has been growing too level of education of workers, you can ognized to speak for up to 30 minutes. slowly for at least 2 decades now. This see a much more dramatic impact on f issue, as I said before, has been recog- people who have not had the education. For those with less than a high school AMERICA’S WORKING FAMILIES nized by economists. But I believe the best summary of the problem was made diploma, the number of those workers Mr. BINGAMAN. Mr. President, I by Jeffrey Madrick in a recent book with pension coverage was 44 percent commend my colleague from Kentucky that he published called ‘‘The End of in 1979. It dropped to 28 percent in 1989. for that eloquent statement about the Affluence.’’ That book has in it a chart The next chart is full-time male problem, and also the Senator from which I have reproduced here so we can workers with health insurance. We North Dakota for his eloquent state- make the point very readily. spend a lot of time around here talking ment about the extent of the problem It points out that the long-term an- about health insurance coverage and and our efforts to find at least some nual rate of growth in this country the importance of that. Again, taking partial solutions to the problem. from 1870 until 1973 averaged 3.4 per- the period from 1979—this chart goes As both of my colleagues have said cent. That is a good rate of growth, and from 1979 to 1992—it shows that the this morning, there are millions of it was one that is discounted for infla- total figures are that 87.3 percent of American working families that are tion. That is a rate of growth that we full-time male workers had health in- scrambling to pay the bills each had been able to maintain—at least surance in 1979. That 87.3 percent month. They are working longer hours. dropped to 70 percent by 1992. that average rate of growth—through They are taking home less money in Again, just to show the way that real spendable money. Yet what they wars, through depressions, and through breaks out by education level, for peo- are having to pay for education and for a whole variety of economic cir- ple with less than a high school di- health care is going up, and many of cumstances. ploma, 87.7 percent of those people had Since 1973, the rate of growth has these same families are afraid of being some type of health insurance in 1979. slowed. That slowing of the rate of laid off from their jobs. That had dropped in 1987 to 53.8 per- So we do have a problem and the growth is a major part of the problem cent, a mere 14 years later. problem is twofold. The problem is that that we face. There has not been The next chart shows the job insecu- our economy has grown too slowly in enough investment in productive ca- rity in the 1970’s and 1980’s. This is a the last couple of decades. And, second, pacity in the country. There has not very interesting chart, in my view, be- the people who are doing the work in been enough job creation, nor good- cause it shows what is happening to a our economy, whether they are work- paying, high-wage jobs in the country. lot of families. This shows the percent- ing for large companies or small com- So the rate of growth of our economy age of workers that are age 24 to 58 who panies or nonprofit organizations—the has slowed to 2.3 percent during the pe- changed employers at least four times people who are really doing the work in riod from 1973 until the present. That during the decade. That is a lot of our economy are getting a smaller part slowing of the rate of growth is a seri- change. In the 1970’s, you can see that of the benefit from the work that they ous issue that we are trying to address something around 13 percent of all do and from the profit that is being re- with some of these recommendations. workers aged 24 to 58 had to change alized. The second serious issue that we are jobs four times in that decade. When Last spring I went to our Democratic trying to address is that the people you look in the 1980’s, that number, the leader, Senator DASCHLE, and urged who are doing the work in this econ- percentage of workers who had to that he set up a working group of Sen- omy are sharing less in the benefits change jobs four times, doubled and is ators to explore options for dealing from the growth that is occurring. nearly at 30 percent. This is twice as with this problem of stagnant wages. Again, we have some charts to try to many workers changed employers at This is not, I should say, a recent prob- make the point. least four times during the 1980’s as lem. This is a problem that has been The first of these charts is a chart changed employers during the 1970’s. with us, now, since 1973. I think all that shows what has happened to real The final one of these charts that I economists would agree that it is a new hourly earnings between 1967 and 1995. want to show on the problem is trying era in our Nation’s economy. These hourly earnings, as you can see, to point out what is called ‘‘the mean Senator DASCHLE, of course, agreed. for a period from about 1967 to perhaps time to financial failure.’’ By ‘‘finan- He was enthusiastic about the idea and 1976 were going up and were reasonably cial failure,’’ we essentially mean if a appointed me to chair that group. We high. Since the early 1970’s, or the mid- person loses their job, how long will it turned out a report entitled ‘‘Scram- 1970’s, they have been dropping. Clearly be until they have exhausted their fi- bling To Pay the Bills, Building Allies we are in a situation today where we nancial resources? This is broken down for America’s Working Families.’’ Mr. are almost back—not quite, but almost by fifths, or quintiles, according to President, I think this report summa- back—to the same real hourly earnings family income. For the lowest fifth of rizes very well the recommendations that people in this country were realiz- all families as far as their income that we found and that we came up ing in 1967. This shows part of the prob- level, of course, they have no time. If with that we believe seriously address lem that American working families they lose their job, they are facing fi- the problem in a variety of areas. What are struggling with. nancial failure immediately. For the I want to do this morning is to first de- Let me show another chart. This is second fifth, it is half of 1 month until scribe the problem in some detail but the drop in real average income. It is a they face financial failure; the middle then go on and describe at least the slightly different measure, but, again, fifth, 3.6 months; the fourth fifth, 4.66; broad outlines of the recommendations it makes the very same point. This and even the top fifth is only a little that we have made. chart shows that from 1978 until 1995 over 18 months from financial failure. Many people deserve credit for par- there has been almost a continuous de- On average—that is this final column— ticipating in the preparation of our re- cline in real average income for Amer- it is 3.64 months from loss of job to port. My own chief of staff, Patrick ican workers. total financial failure for American Von Bargen, took a lead role in it; Vir- The next chart shows the share of families. ginia White and Steve Clemons in my workers that have pension coverage in Mr. President, I think this makes the office deserves special thanks, as well the country. By ‘‘pension coverage’’ I case that there is a problem. This is as Paul Brown, with the Democratic am not talking about just Social Secu- not a manufactured problem. This is Policy Committee, and many other rity. I am talking about a pension in not a rhetorical problem. This is a real Senators and staff people here in the addition to Social Security. In the pe- life problem that many working Ameri- Democratic side of the Senate. riod from 1979 to 1989—that is just the cans are faced with. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1541 The debate, unfortunately, about this seas, an issue that the Senator from salary of the lowest paid full-time problem has not been particularly pro- North Dakota spoke about several worker by more than 50 times. That ductive. The debate which the public times. may not be the right figure. I will tell hears on the issue sort of veers from Third, it would apply the tax as other you how we arrived at that. It is some- those who are surprised to discover countries apply their taxes, on imports what arbitrary. We basically said that that there is a problem on the one hand and not on exports, so that it would en- if you are paying the lowest paid work- to those who recognize that there is a courage more exports and it would see er in your company, say, $15,000, which problem but have no plan to deal with to it that imports coming into this I think may be a low figure for most it other than giving speeches, attack- country pay their fair share of tax. corporations, but if you are paying the ing corporate management, or attack- Fourth, it would impose the tax more lowest paid worker $15,000, if you want ing foreign companies or foreign coun- equitably across all types of firms than to pay your top CEO 50 times that, you tries for unfair trade practices. the present income tax does. can pay him $750,000 a year. That did There is no set of proposals that has Fifth, it would dramatically simplify not seem like an unreasonably low been put forward so far in the public the Federal corporate tax. number to me at the time we were put- debate to try to come to grips with this And finally, it would allow us to re- ting the report together. Since then, very real problem. What we tried to do duce by half the payroll taxes that are the new information out makes me in the report that I referred to earlier paid by businesses. That is a very doubt whether that is the right num- was to come up with that set of rec- major expense to U.S. business today, ber. As the Senator from North Dakota ommendations and get this debate on and the shift to a business activities referred to it, this article in the Wash- to a serious plain. tax would allow us to dramatically re- ington Post of March 5 says CEO’s at In putting these recommendations duce the payroll tax. We would make major corporations got a 23 percent together, we have tried to move the de- up any lost revenue to the Social Secu- raise in 1995. It says that the average bate past the blame game and name rity trust fund from revenue that we compensation for chief executives of calling and on to thoughtful consider- received through the business activi- major companies is now $4.37 million. ation and policy options. ties tax. But we believe that would be Obviously, 50 times the lowest paid First, what can we do to stimulate a major step forward. worker does not get you up to $4.37 the growth, going back to the first One other major advantage to adopt- million. So maybe it should not be 50 chart I referred to. And second, what ing this proposed business activities times. Maybe it should be 100 times. At can we do to ensure that America’s tax is it would allow us to give better some point, however, I do think it is working families fairly benefit from tax treatment to corporations that in- appropriate for the taxpayers of this the growth that does occur? In the re- vest in their workers and invest in country to say we want to give the best port that I referred to, we have some 80 America. We designated such busi- tax treatment to corporations that specific recommendations. I am sure nesses as ‘‘A-Corps,’’ suggesting that have some sense of equity and some that no single Senator supports each, they were allied with America’s work- reasonable commitment to help their but each is a proposal that deserves to ing families, and we provide that the own workers and do not just pay top be seriously considered on its merits. I business activities tax would be im- executives exorbitant salaries at the hope that this debate we are beginning posed at two different rates, one rate same time that they are refusing to now will result in that. for any business with receipts over share any of the profit with the people Let me describe the three broad areas $100,000, which does not qualify as an who are doing the work down in the in which we have made recommenda- A-Corp, a second rate for a business trenches. So that is another part of the tions. First, we have made rec- that does self-qualify as an A-Corp. issue which needs to be discussed. ommendations to encourage businesses Let me briefly describe what we in- Let me go on to the second column in to become better allies of American tend as the criteria for determining our earlier chart which was how do we families, because they have a tremen- qualifications as an A-Corp. To qualify make financial markets become allies dous impact. And that is in this col- as an A-Corp and thereby qualify for a of working families as well? umn here on the left. lower tax rate, a business would self- The concept here is very simple. Second, we have made some rec- certify that it is, first of all, investing Much of the action that corporate ommendations to make financial mar- in its workers, that it is investing in management has to take these days kets better allies for America’s work- pensions and profit sharing, investing which adversely affects the workers in ing families, and that is the center col- in training and education, investing in that corporation is brought about by umn. their health care, making some con- pressures imposed from financial mar- And third, we have made rec- tribution to help them acquire health kets. There is a constant pressure to ommendations on how Government can coverage; second, that they are invest- look at the short-term profitability of become a better ally for America’s ing in plant and equipment in the Unit- the company. There is an inability to working families. Let me just describe ed States, and that a reasonable pro- invest adequately in research and de- briefly the major recommendations in portion of their new employment cre- velopment, an inability to invest ade- each area. ated for meeting the demands of this quately in investments of various Businesses, how do we help busi- market is in fact made and produced kinds that will have a long-term pay- nesses to be better allies with Ameri- here in this country; third, that they off. So what we are trying to do is to ca’s working families? We concluded are doing at least 50 percent of their re- get something in the law to discourage fairly early in our discussion that the search and development in this coun- the short-term focus and encourage the present corporate income tax is a jum- try. long-term focus. ble of complexity that does not serve Then there are several other items. So what we have done here is to come the best interests of any of us. In our Let me mention one. We do have a pro- up with some recommendations to re- view, we should repeal the present cor- vision in there indicating that there duce the financial market pressure for porate income tax and replace it with should be some multiple of the com- short-term decisionmaking, to reduce something like the business activities pensation of top management as com- financial market pressure for short- tax that was proposed by Senators pared to the salary of the lowest paid term speculation in securities by im- Boren and Danforth in the last Con- worker. Now, this is controversial, Mr. posing a security transfer excise tax on gress. We believe that would be a major President, and I do not know that the sale of securities that occurs within 2 improvement in many respects. specifics of what we recommended will years of the purchase of the securities Let me cite some of the ways that be embraced by everybody, but I think at issue. would improve the situation. First, it it is an issue that needs to be dis- That is the recommendation. This ex- would eliminate the existing pref- cussed. cise tax, this transfer tax would be erence in the tax law for debt over eq- What we basically said was that to similar to the ones that are now im- uity. qualify as an A-Corp, a company would posed in Japan and Switzerland, in Second, it would incentivize invest- demonstrate that the compensation of Sweden, in Hong Kong, in Taiwan, and ment in this country rather than over- its top executives did not exceed the various other countries, with one S 1542 CONGRESSIONAL RECORD — SENATE March 6, 1996 major exception, that the tax goes In addition to that, we can use some range of things that we debate around away at the end of 2 years. of the funds raised by the shift to the here that are not directly impacting We are not discouraging investment business activities tax and by the es- upon the welfare of the people we are in securities. We are discouraging spec- tablishment of the A fund that will be sent here to represent. ulation in short-term trading in the se- established with the use of revenues These recommendations try to bring curities. In our view, the country will from the securities transfer tax to in- that debate back to the issues that be benefited, working families will be crease efforts to improve education and matter to people in our home States. I benefited, corporate management will training. We would support skill stand- hope very much that we will seriously be benefited if the owners of the cor- ards and academic standards for stu- debate these issues between now and porations have a community of inter- dents. We would support school-to- the end of this Congress. I hope very ests with the corporate management work transition. We would support much that we can adopt some of the and want to help them by focusing more work force training. recommendations in here so that we more on the long term. Let me finally say that Government, begin providing some relief to those We would use the revenue from the we also believe, needs to be a better who are in fact doing the work in this transfer tax on short-term speculation ally for the self-employed worker and country. to create an A fund to create long-term for small business. As part of what we Mr. President, I thank my colleagues investments in working families. The A recommend here, we would reduce in for their attention, and I yield the fund would be dedicated, first, to fund- half the self-employment workers’ pay- floor. The PRESIDING OFFICER (Mr. ing deductions for higher education roll tax, which is presently 12.4 per- INHOFE). The Senator’s time has ex- and work-skill training. Those higher cent. We reduce that to 6.2 percent. We pired. education deductions—that is the would exempt all small businesses with Mrs. MURRAY addressed the Chair. $10,000 deduction the President has less than $100,000 in annual receipts The PRESIDING OFFICER. The Sen- talked about—would be used, the re- from Federal business tax. Corporate ator from Washington. sources would be used, to fund a tax tax returns today indicate that there Mrs. MURRAY. Mr. President, I ask credit for dependent children. They are about 24 million people filing some unanimous consent to speak as in would be used to fund programs to ac- type of corporate tax return. morning business for 15 minutes. complish work force training, school- With this change, with this single The PRESIDING OFFICER. The Sen- to-work, efforts to achieve education change of exempting all businesses ator is advised we are currently in goals, technology research and devel- with less than $100,000 in annual re- morning business, with Senators per- opment, and export promotion. All of ceipts, we would reduce the number of mitted to speak for up to 5 minutes these activities, we believe, do help people who have to file a business re- each. This unanimous-consent re- promote more job creation and more turn from 24 million down to 9 million. quest—is there objection? high-wage job creation in this country. So there are 15 million businesses that Mr. THOMAS. Mr. President, we re- We also recommend a whole range of today file business returns that will be served the last half-hour for three proposals to reform the securities regu- exempt from filing such a return or Members. If the Senator can take a lit- lation and accounting area to promote paying a business tax after this set of tle less than 15, we would appreciate it. greater attention to long-term invest- recommendations are adopted. Mrs. MURRAY. I thank my col- ment and performance of business by Mr. President, let me just step back league. I will attempt to do that. those who do invest in corporations. from the specific recommendations. I The PRESIDING OFFICER. The Sen- Finally, one of these areas I want to have gone through some of the major ator from Washington. talk about just briefly, Mr. President, ones. I have not tried to give an ex- f is the issue of how we make Govern- haustive description of all of the rec- WHAT REAL PEOPLE ARE SAYING ment a better ally of America’s work- ommendations in our report. But the ABOUT CHILDREN ing families. We propose, as part of this important goal is to begin this na- Mrs. MURRAY. Mr. President, when I overall package of recommendations, tional debate. The important goal is to left here in early February for the Sen- to reduce the tax burden on working recognize the centrality of this issue of ate’s recess, I was exasperated. Nothing families in several very specific ways— how we stimulate economic growth and productive seemed to be happening to cut in half the payroll tax paid by to recognize that we all benefit from here in Washington, DC. Budget stale- employees. those Americans who do the work in mates had become an accepted way of I referred earlier to the fact that the this country, we share in the benefits life, rather than words to bring Mem- adoption of the business activities tax from the growth that occurs. bers of Congress to work together to would allow us to cut in half the pay- It is not enough to continue to give reach agreements. The battles of last roll tax paid by employers. We believe speeches about the problem. It is not year all seemed to end in stalemates. we should also cut in half and can also enough to continue to ignore the prob- And worse, even the air in the District cut in half the portion of the payroll lem. In my opinion, Mr. President, of Columbia seemed charged with nega- tax paid by employees. I point out to those of us in the Government need to tivity and mean-spirited rhetoric. people that this is not a small item. participate in a very real and impor- Today, however, I feel invigorated. Something over 70 percent of all tax- tant debate at this time in our Na- My trip home to Washington State in payers in this country pay more tax tion’s history. early February was hardly relaxing, under the payroll tax than they do Our report ‘‘Scrambling to Pay the but it was extremely productive. under the income tax. We are suggest- Bills’’ is an effort to move that debate Today, I want to take a moment to ing that the payroll tax, which is the forward and to get us down to some share with my colleagues why I feel a biggest tax burden on most working concrete steps that can be taken to renewed sense of optimism and why I Americans today, be reduced in half. help working families in America to do am ready to take on new challenges. Second, we are recommending that better in the years ahead. I hope very Mr. President, like many who work we reduce individual income tax by in- much that the report has that effect. I with our young people today, I have be- creasing the standard deduction very hope very much that the report does come increasingly concerned about substantially. stimulate this debate. I hope that, dur- what is or, more importantly, what is Third, we are suggesting—and I re- ing the remaining days and weeks and not happening for our youth today. I ferred to this before—we permit the de- months of this Congress, we can get off have spent my life working with young duction of up to $10,000 for investment of some of the things that, unfortu- people as a mother, as a preschool in postsecondary education and train- nately, take up too much of our time teacher, as a school board member, as ing—this is the President’s proposal— here. a Girl Scout leader, as a PTA member, and that we provide a $500 tax credit— Today, I understand we are going to as a State senator, and today as a U.S. a $500 tax credit—for each dependent spend a substantial amount of time de- Senator. child. We believe that all of these ac- bating the Whitewater Committee There is no doubt in my mind that tions can be taken. All of them will again. We debated the Cuban young people today are becoming in- benefit working families. shootdown yesterday. We have a whole creasingly disillusioned with their March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1543 world. They feel that they have no then will young people feel the sense of everywhere that as adults, we have a chance—more and more of them know civic responsibility and pride we all responsibility to care for our children college is out of reach; many people need them to feel. and to ensure that they have adequate feel unconnected to what is taught in As I said, this was a conversation, quality health care. our elementary and secondary schools; and I had one rule: Nobody leaves the On education, we heard from children far too many have no support from room without participating. So we who wanted to participate in activities family at home. Increasingly, I hear heard answers to one central question: and learning experiences after school our young people from all walks of life, What can we all agree to do for our but who did not have the $35 sign-up from 4.0 students to gang members, children? fee for the program. They wanted to say, ‘‘I don’t think adults care about People brought many different voices work off the fee or to earn good grades me today.’’ and perspectives to these conversa- so that they could participate. Indeed, the statistics about our tions. The groups heard from mothers Over and over, I heard that we must young people are very disturbing. Al- and fathers. We heard from students, as make our education system relevant most half of Washington State children well as kids who dropped out of school. for tomorrow. Young people want cur- fail to read at a basic level of com- We heard the voices of business leaders ricula in classes that will give them petence. The number of young people and child care workers. We heard from the skills for the job market and focus in my State who are incarcerated is in- veterans, youth mentors, teachers, and them for the world they are entering. creasing. One in sixteen girls in Wash- police officers. We heard from Repub- On involving young people in the ington become teen parents. That, by licans and Democrats and Independ- community, we heard from business the way, is a higher rate than many ents. We heard thoughts from our sen- leaders who want to increase their in- other developed nations. ior citizens and our seniors in high vestment in the citizenship of young It is important to note there are school. We heard about individual peo- people. They agreed to donate time for some encouraging signs. The health of ple or government services or business their workers to help children do job Washington State children, whether or charitable programs which make a shadowing or give kids a place to fit in. measured by infant mortality rates or real difference for our kids. We heard There was a strong feeling from both child mortality rates or access to pre- about kids who did not get help, who young people and adults that every one natal care, is an area of improvement. fell through the cracks or who had of us must begin to take more time to But as I have participated in and lis- such a hard time there was hardly a be involved with each other in our tened to the debates and direction of way to start helping them. neighborhoods and in our communities. this Congress from welfare reform to We did not just hear about children In addition to what people wanted to Medicaid to education, I have become and young people, we heard from them. do, there were some trends I noticed increasingly concerned that our young Young people on our panels told us how that I want to share with you. people are right. Adults do not care they do not see evidence that adults First, people agreed to have a polite about them. Children seem to have care about them or their future. They discourse. One reason young people say been relegated to the bottom of the pri- talked about succeeding in school and today that they have a hard time get- ority pile at the exact time they are not realizing any benefit from it. They ting along is that they say they have feeling so left out and alone. It is time talked about failing in school because no role models. We disagree all the to change direction for our young peo- it did not seem relevant or challenging. time in the Senate. We have genuine ple. They spoke of adults designing pro- differences of opinion, and we express Over this last recess, I set out to find grams for them but not with them. them freely. Well, I will tell you right what adults need to do to make this They spoke from their hearts about the now, we do it too freely. We need to Nation a better place for our children lack of trust and fear that exists be- find where we agree. All we talk about to grow up in. I was determined to stay tween them and the adults that they are the differences. We have to talk away from partisan battles and inflam- meet in stores and on the streets. about the shared beliefs as well. We matory debates. I wanted to engage Overwhelmingly, they wanted to need to set a better example for Amer- people in a conversation about chil- break down the walls of mistrust. The ican children and young people and be dren. I wanted to find goals that we one word I heard over and over was better role models ourselves. could all agree on. ‘‘respect.’’ They want real respect, not Second, people seemed to leave their On that basis, I traveled back and just the kind kids get from joining a cynicism at home and brought with forth across my State for 2 weeks and gang. And they want an adult world them a sense of hope. This happened invited people of all ages and back- that cares about them so they can even though we heard some bleak news grounds to join me in a conversation build up their respect for adults. about children’s health, about how about Washington children. In four At every one of our meetings, we they are doing in school, and how they cities around the State, people came heard the voices of young people as are doing in home and on the streets. out in cold and heavy rain to a commu- panelists, as group facilitators, or as People heard that too many children nity center, to a church, a school, or a group participants. Too many discus- still suffer from preventable health college auditorium and they talked, sions about children from the school problems. Too many students cannot not just for a few minutes, but for 31⁄2 board meeting to the State house to read or end up dropping out of school. hours. They talked about their own the floor of the U.S. Senate happen Too many young people see no alter- kids or the kid next door or their older without real participation by young native to violence. Too many have no or younger brothers or sisters. people. Who better to include on mat- hope of ever being employed. But de- We began each of these meetings ters concerning laws and policies af- spite the bad news, and some good, the with a short presentation of some ob- fecting our children? people at these meetings never got cyn- jective local data about how kids are And what did all these different peo- ical or depressed; it just made them doing, followed by a panel discussion ple with their divergent, independent, want to work harder. between local people who work with unique American voices, and opinions Third, I noticed that people felt the kids, followed by breakout discussions agree to do? Well, we are still writing children were too important not to to come up with things we could agree down all the specifics, but I want to talk about and to learn about and to to do. give you a few of the common themes work for. People said children are too We covered three aspects in a child’s that we heard. important to scrimp on. They want us life: Health, education, and member- On the topic of children’s health, we to find somewhere else to save our ship in community. People talked heard from people committed to immu- money. They agreed that communities about how children have to be healthy nizing more children or to creating are the best place to solve most prob- so they can learn. They spoke of how more child care slots in their local lems for kids, but said you have to in- children needed a relevant education to community. They agreed to meet with volve kids to get good solutions. They face a complex economy. They dis- other citizens to build local awareness agreed the Federal Government should cussed how we must let young people and to tap local resources for these guarantee the minimums for all kids know we care about them and how only needs. There was a strong consensus and should encourage local action. S 1544 CONGRESSIONAL RECORD — SENATE March 6, 1996 Above all, the young people and all though it is not directly involved. One The Senator talked about bringing participants agreed we should work has to do with how we get facts out, so this debate back in. Let me remind my more on children’s issues and less on that we can make decisions based on friends on the other side of the aisle other things. facts. Another is just to comment a lit- that that has been the debate for a During these meetings, I promised to tle on the broader question of whether year. We have been talking about bal- put people’s ideas up on the walls of we want more Government in our lives, ancing the budget. Why? So you can re- my office so every lobbyist who comes more Government in business, or duce interest rates and increase the in can see what the people of Washing- whether we want to release the private economy. We have talked about regu- ton really care about. As people got sector to be able to create jobs and, fi- latory reform. Why? So that businesses ready to leave at the end of the nally, to talk a little bit about the can prosper and you can create jobs— evening, I asked them each to take one facts as related to the idea put forth by good jobs, so that there is some growth idea back to their local neighborhood the President that ‘‘this is the best in take home pay. That has been the or their community and make it hap- economy in 30 years.’’ The facts do not debate. pen. substantiate that. Unfortunately, my friends have ob- The posters from these meetings are First, let me say that it is almost a jected to everything that we have tried in the mail to my office in the Russell paradox, it seems to me, where we have to do. They objected to regulatory re- Building, and they contain very spe- the technical ability in this country form, and the White House threatened cific ideas. I encourage all of you to for everyone who is interested in the to veto it. They objected to a balanced come by my office next week and read world, for that matter, to know pre- budget amendment, and they threat- what people have to say. cisely what is going on every day and ened to veto it at the White House. Tax I think you will find, as I have, that to know it at the time it goes on. Com- relief and capital gains, so that people pare that, for example, to the ability to it is time to put our young people at can invest, so you can do something know what happened in your Govern- the top of our priority list. It is time to with your farm when you sell it and ment 50 years ago or 100 years ago find a way at every level to focus our pass it on to your kids and create a when people in Wyoming did not know schools on preparing all of our chil- stronger economy. So the option will what the Congress had done for 3 weeks dren, not just a few, for tomorrow. You or a month—maybe they did not care. be—and that is fine, it is a legitimate will see, as I have, that people from all But now we have the facilities to do discussion. Do you want more Govern- walks of life understand as adults we that. We know that if Gorbachev ment, or do you want to release the have a responsibility to give our chil- stands up on a tank somewhere, we see business sector so it can create these dren a strong start in life. There is it the instant it happens. We have the kinds of things? much we can and much we must do to ability to know that. Yet, we find our- Third, let me talk very briefly about make this happen in our country selves, I think, in a time where most the economy and the differences in today. people are less able to sort out the in- views on that. The President has indi- Not too long ago, at a hearing in formation and bring it down to facts cated in his State of the Union and at Washington, DC, I heard a businessman than we have had for a very long time. other times that this is the best econ- talk about what he saw in our country What is happening, of course, is that omy in 30 years. Well, let us take a today. So often we hear that Govern- the political arena is filled with spin- look at it. During 1995, the economy ment should act more like a business. ning and posturing and seeking to grew at 1.4-percent annual growth rate. He said that any business that wants to make things look different than they In the previous decade, it grew at be here in the future invests in their are. I understand that, and it is not the about 3.5 percent. In the last quarter of most important resources. He said unique province of anyone. But I am last year, it was .9-percent growth rate. America is acting like a business that not sure that we can really sustain a The economy has been weaker every does not plan to have a future. Government of the people and by the year than it was the last year of the I agree. It is like we are having a fire people and for the people, unless the previous administration. It is not a sale in our country. Children are our people have some facts. Part of that is matter of blaming. That is just fact. growth capital. They are our new phys- our responsibility, of course. We have The growth recovery in terms of jobs. ical plant. They are our inventory. to sort through the stuff and come out We have talked about 8 million jobs. If We cannot stop investing in kids now with facts. But I have to tell you, Mr. you break it down into hours and part- and hope to have any future in this President, that I guess I have never time jobs, it comes out to be less than country. This is the strong and loud seen a time like there is now, where half of that. For the same period in the message I heard from people all over you hear something in the media, you 1980’s, it created 8 million jobs. my State, from all political stripes, hear something from the White House, So this has not been a time of from all ages, and all walks of life. or you hear something from this place growth, a time of economic prosperity; I was listening, and I will be working and say, gee, I wonder if that is the particularly, it has not been for fami- over the next months and years to put case. lies. The stock market is doing pretty children back at the top of our Na- Second, let me talk a little bit about good. That is fine. Those are corporate tion’s agenda. I hope we can work to- the idea of increasing the economy and profits. But the problem is, I think, gether as adults to make that happen. the growth. I think there is not a per- you find when you have to pay your Our children are worth it, our commu- son in here who would not be for that. stockholders, of course, in order to get nities are worth it, and our country is I think it is interesting, and it just the money to operate, you have a cost worth it. happens that my friend from New Mex- of regulation that is exorbitant and I yield the floor. ico just spoke a few moments ago going higher, and you are squeezed in Mr. THOMAS addressed the Chair. about his perception about how to do the end. But who gets squeezed? The The PRESIDING OFFICER. The Sen- it. It clearly defines the greater debate workers. Furthermore, you do not have ator from Wyoming. that goes on in this country and that a growth rate that is traditionally f goes on in the U.S. Senate—that is, do where we have been, and you do not you seek to get more and more Govern- have competition for jobs. Salaries do THE STATE OF THE ECONOMY ment involved? Do you have a tax ar- not go up because competition causes Mr. THOMAS. Mr. President, we had rangement where you tell people what salaries to go up. reserved 30 minutes this morning for they can do and encourage them to do We have to be honest about where we our freshman focus to talk about some it and get more regulation? Or do you, are. The fact is, it is not the best time of those things that are of great impor- in fact, seek to release the private sec- in 30 years. It is not even as good a tance to American families, to talk tor so that the economy can grow? time as we had 5 years ago. More im- about the economy, to talk about jobs, Could you agree with the notion that portantly, what do we do about it to to talk about increasing wages and re- the role of Government generally is to get families into a position where sala- turns to American families. provide an environment in which the ries reflect a growing economy, or I would like to start with three areas private sector can prosper? That is the where families can have more of their that I think are important, even great debate that goes on. own money to spend on their own kids’ March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1545 education and spend it as they choose? on their take-home pay and had a real So we proposed this irresponsible That is what it is all about. That is effect on their ability to be able to pro- thing. People got on the floor and said what this debate is about. That is what vide for themselves and their families. this was such an irresponsible thing to a balanced budget is about—to be fi- That has a ripple effect through the let people keep more of their own nancially and fiscally responsible, and economy, from consumer confidence money to help provide for their fami- also to reduce the interest rates so and their willingness to consume to the lies. As the song goes, ‘‘That’s my that the economy will grow. real issue of just paying bills. story and I’m sticking to it.’’ My story That is what tax relief is about—mid- I think we may be seeing a repeat is that American families should keep dle class tax relief, which the President here. I know many of us who are in this more of their money. promised when he ran. He has never de- Chamber now were here as Senators or We are going to continue to push for livered. That is what $500 per child is Representatives during the 1993 Budget a tax cut for American families. We about, so it goes to families. That is Act, when President Clinton went out will continue to push for a tax cut to what regulatory relief is about. It is and said we have to raise taxes and we create growth and opportunity in cap- not a matter of regulation and specif- said this is going to have an effect. It ital gains and helping small business ics. It is a matter of being able to grow is the same type of tax increase that people, because creating jobs is the an economy where there are jobs and was put forward in 1990. Many Repub- real answer here. Creating good quality prosperity. That is what our agenda is licans—I was in the House at the jobs is the real answer here. Growth is about, Mr. President. time—many Republicans fought it and the answer—not further taxation, but The final argument, of course, will be said President Bush at that time was liberating people. Money should go out that basic argument of do you follow making a mistake; it would hurt the and be invested in capital resources so the suggestion that says it is the Gov- economy and drag the whole economy we can create more high-quality jobs in ernment’s task to regulate these, and down and this country down. A lot of this country. We will continue to push let us get more government, more reg- us believed it would bring the Presi- for that. ulation and more involved? Or do we dent down. It did. We will continue to push for regu- Then 1993 comes around and Presi- release this dynamic private sector to latory reform so Government does not dent Clinton did not learn from the create jobs. stifle the creativity of Americans by Mr. President, I yield the floor to the mistakes of President Bush and pushed regimenting them into some model forward through another tax increase— Senator from Pennsylvania. that we believe in Washington, DC, is The PRESIDING OFFICER. The Sen- and, I might add, more entitlement the best for everyone. We are going to ator from Pennsylvania is recognized. programs, more regulation, more on go out and do the things that are nec- people’s backs. Many of us said, ‘‘Learn f essary to make this country prosperous your lesson from 1990. That is not going and moving forward. WHERE AMERICA IS GOING to help the economy. That is not, in I just hope that the President will Mr. SANTORUM. Mr. President, I the long run, going to balance this come to the realization that tightening thank my colleague and my friend budget.’’ He said, ‘‘No, we have to do the belt here in Washington ever so from Wyoming for his leadership on it.’’ They did it. slightly—and frankly, that is all we are this freshman focus, a time where As a result, coming out of this reces- talking about in this balanced budget— freshman Members of the Senate have sion in the early 1990’s, we have had tightening the belt here in Washington an opportunity to get up and talk one of the slowest recoveries in his- so we can give just a little bit more to tory. Job growth, yes. We have had about issues of importance to the coun- working families is not cruel. It may jobs. But I think if you talk to most of try from a perspective of those of us be cruel to some bureaucrats in town, the people, the kind of jobs being cre- who are relatively new in this body. I but it is not cruel to American fami- ated are not the kind of jobs that will think he is right on target to talk lies. It is not cruel to Americans who support a family. You hear Members on about the issue of the economy and want good-paying jobs, outside in the both sides of the aisle talking about where this country is going. private sector, not just here in Wash- that. The reason is oppressive regula- We have a President who is running ington. tion, oppressive taxation. I am hopeful we can somehow come around the country talking about how Almost 25 percent of the income of this is the healthiest economy that we to an agreement that this is not the the average family in America goes healthiest economy, that the spin doc- have seen and we are doing great and just to pay taxes to Washington, DC. everything is fine. It actually reminds tors of the campaign of 1996 for the That is a peace-time high. By the way, President are not going to win the day me of another President in an election I like to compare that to what it was year 4 years ago, who was going around to try to convince the American public back in 1950 when the average Amer- what they know is not true, that this the country trying to convince the ican family—same family, average-in- American public that the economy was economy is booming and healthy and come family—did not pay almost 25 the best it has ever been. We should get fine and everything is great and this is percent of their taxes to the Federal a healthy economy and we are moving down to trying to address the real eco- Government; they paid 2 percent of nomic insecurity that American work- forward. The American public, frankly, their income to the Federal Govern- ers have, the real problems of raising did not buy it. ment in taxes. Now it is almost 25 per- The reaction was very simple: What families in this country, and do some- cent. thing about it on a bipartisan basis in country is he living in? What country Do we wonder why people feel this Congress. is he leading? Does he not have any un- squeezed, why they do not feel they I am hopeful we can do that. We derstanding of what is actually going have the opportunities to provide for a should be able to do that. I am looking on in the economy, what we are dealing family anymore, why both husband and forward to the opportunity to make with here, that in fact the statistics wife have to work? If you are a single that happen. I yield the floor. show that, out of recessionary years, parent, what do you do? You work two Mr. INHOFE. I thank the Senator this economy is the slowest growing jobs and you struggle to provide for from Pennsylvania. I ask unanimous economy since the 1950’s? This is not a your children. consent that the period for morning robust economy. What we do here is what they did 3 business be extended by 10 minutes. The Senator from Wyoming was right years ago: Put even more taxes on the The PRESIDING OFFICER (Mr. on target as to why this is not a grow- American public. We believe that is not THOMAS). Without objection, it is so or- ing economy. It is the same reason the answer. We have stood up this year dered. that the previous President had prob- and said the answer is not to take the f lems saying it was a growing economy, American public for more, not to regu- and that is because this President and late the American public more, but to THE ECONOMY the previous President raised taxes on put Government on a diet so we can Mr. INHOFE. Mr. President, this has the American public. They took more allow the folks back home to take a been a very enlightening morning lis- money out of their pocket and sent it little bit more out of their paycheck tening to both Democrats and Repub- here to Washington. It had a real effect for their own use, not Government use. licans refuting this myth that seems to S 1546 CONGRESSIONAL RECORD — SENATE March 6, 1996 be floating around the country that we vidual did not do anything to cause personalities, Minnie Pearl, who died are enjoying this great economic time this. Monday night at the age of 83. Minnie when, in fact, the indicators show just Also, I noticed if we do not change Pearl was born Sarah Ophelia Colley, the opposite. this trend that has been continued by in Centerville, TN, the daughter of a I happened to be presiding when the the current administration, that that prosperous sawmill owner and lumber distinguished Senator from New Mex- small child, James Edward Rapert, will dealer. As a student at Nashville’s ico, Senator BINGAMAN, observed that have to pay 82 percent of his lifetime Ward-Belmont Finishing School in the people who are doing the work in income just to support the debt. That middle of the Great Depression, not America are getting less and more rap- is how we have gotten to the point many would have thought Sarah Colley idly plummeting down to the point where we are now, where we have to do had the background to believably por- where we were in 1967 in terms of real something about it. tray Minnie Pearl, that man-hunting income or purchasing power for the There was a man who came to this spinster from Grinder’s Switch, TN. American people. Also we can observe country by the name of Alexis de But her down home country comedy that it is worse than might be indi- Tocqueville many years ago. He actu- act, old-fashioned dresses, and a wide- cated by family income because we in- ally came here to study our prison sys- brimmed hat with a price tag still dan- creasingly have multifamily members tem, and when he got here he was so gling, found a place in the hearts of working in America. When I was quite impressed by the freedom in this coun- millions of Americans. young, it was somewhat unheard of. It try and by the wealth of this Nation Today, the State of Tennessee and was not a way of life in America. None- that he wrote a book. The final para- the entire country mourn the loss of a theless, the real purchasing power is graph of that book said: Once the peo- truly outstanding and inspirational going down. ple of this country find they can vote American. I do not like to point fingers as to themselves money out of the public After completing her drama edu- why this is happening, but I think, Mr. trust, the system will fail. And that is cation at Ward-Belmont, where I President, when you look at the poli- exactly where we are today, right on should add that she was a student with cies that were adopted by the current the brink of having a system that will my mother, Sarah Colley traveled President of the United States, Bill fail. The economy is not good today. throughout the rural South for 6 years, Clinton, it is four-tiered. It is increased One more thing I want to say before putting together amateur theatricals spending, increased taxes, increased yielding the floor, back to this tax for churches and civic groups. During borrowing, and increased regulations. I thing, is the President has opposed a that time she met various country folk do not very often quote a very distin- budget balancing amendment to the who formed the foundation for the guished talk radio show host but I re- Constitution. He actually campaigned character of Minnie Pearl, as well as member the other day he said, ‘‘If you on a budget balancing amendment to Minnie’s friends and neighbors from really want to be competitive with the the Constitution. Also, he vetoed the fictional Grinder’s Switch. The name Japanese, export our regulations to Balanced Budget Act. When he vetoed Minnie Pearl was actually a combina- Japan and we will be competitive.’’ I that Balanced Budget Act he was say- tion of Sara Colley’s favorite country think there is a lot of truth to that. ing that we do not want to live in the names. Some people may have forgotten that confines where we will be able to elimi- When she returned to Tennessee in back in the first year of the Clinton ad- nate the deficit in 7 years. 1940, the story-telling character of Min- ministration, in 1993, there was a tax That particular act also included nie Pearl had fully developed, and increase that was characterized by some tax relief. There was a lot of crit- WSM radio in Nashville asked her to Democrats and Republicans alike, and icism I heard from conservative Repub- audition for the Grand Ole Opry. A I specifically recall the chairman of licans all across the country: We do not week after her audition, Minnie Pearl the Senate Finance Committee charac- care about tax relief until we balance made her debut on the stage of the terizing that tax increase as the larg- the budget. What they do not realize is Grand Ole Opry and was an immediate est single tax increase in the history of all we were trying to do is correct a hit. Before her second performance the public finance in America or anyplace mistake that was made in this country next weekend, Miss Minnie had been in the world. That was a very large tax back in 1993 when we passed the largest asked to become a regular member of increase. single tax increase in the history of the Grand Ole Opry cast. I recall, also, when the chief adviser public finance in America or anyplace In the 50 years since she burst onto to the President, prior to being sworn else in the world. If anyone was not for the stage, Minnie Pearl traveled with in for her duties, made the observation that tax increase, then they should be country music legend Roy Acuff, enter- that there is no relationship between for tax relief. tained troops in World War II, and was the level of taxation in a country and I think it is incumbent upon us, and featured on NBC–TV’s ‘‘This Is Your the economic activity, and further certainly those in the freshman class, Life.’’ She recorded numerous albums, went on to say what we need in this who are new here to the U.S. Senate, to continued her frequent appearances at country in addition to the taxes we have an absolute commitment to giv- the Grand Ole Opry, and appeared as a currently have is a value-added tax to ing tax relief, to giving families more regular on the nationally syndicated be comparable to that in other indus- of the expendable income that they television program, ‘‘Hee Haw.’’ In 1975 trialized nations that would imme- work so hard for. That is our commit- she became the first person elected to diately increase revenues $400 billion. ment. It is not just for those of us who the Country Music Hall of Fame for I suggest this is where this adminis- are around today but the new genera- comedy work, and she has been hon- tration has gone wrong, because the tions that are coming up, the James ored by the Academy of Country Music problem we are having in America is Edward Raperts. Incidentally, that with its Pioneer Award. not that we are taxed too little, but we happened to be my grandson. Unlike her country counterpart, are taxed too much. I yield the floor. Sarah Colley caught her man, Henry I, the other day, on the 9th of Janu- The PRESIDING OFFICER. The Sen- Cannon, and was married to him for ary, witnessed the birth of a charming ator from Tennessee. more than 40 years, until her death this little man by the name of James Ed- Mr. FRIST. Mr. President, I ask week. As active members of the Brent- ward Rapert, in Fayetteville, AR. At unanimous consent morning business wood United Methodist Church just that time I looked at this very small be extended for a total of 10 minutes. outside of Nashville, Sarah and Henry baby, where I was actually there in the The PRESIDING OFFICER. Without Cannon have been actively involved in room during the delivery of that small objection, it is so ordered. charitable and community affairs all child in Arkansas, and I realized that f over this country. Sarah Cannon innocent child, who had not done any- worked tirelessly for many causes, in- thing wrong on his own, inherits a TRIBUTE TO MINNIE PEARL cluding the Children’s Hospital, the share of the national debt of $18,000 Mr. FRIST. Mr. President, I rise American Cancer Society, and so many that that one individual will have to today in recognition and in memory of others. For her hard work for the Can- pay off during his lifetime. That indi- one of America’s most beloved country cer Society, and in recognition of her March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1547 personal struggle against breast can- at Centennial Medical Center in Nash- that the notice be printed in the cer, Sarah Cannon was awarded the ville was dedicated in her name. I know RECORD. American Cancer Society’s 1987 Na- that I join all Tennesseans and all There being no objection, the notice tional Courage Award. Americans in saying that Sarah Can- was ordered to be printed in the The Cancer Center at Centennial non and Minnie Pearl will be sadly RECORD, as follows: Medical Center, where she died this missed. OFFICE OF COMPLIANCE—THE CONGRESSIONAL week, was named for her—the Sarah f ACCOUNTABILITY ACT OF 1995: EXTENSION OF Cannon Cancer Center. That same RIGHTS, PROTECTIONS AND RESPONSIBILITIES year, she received the Roy Acuff Hu- TRIBUTE TO DONALD DOWD OF UNDER CHAPTER 71 OF TITLE 5, UNITED manitarian Award for Community WEST SPRINGFIELD STATES CODE, RELATING TO FEDERAL SERV- ICE LABOR-MANAGEMENT RELATIONS Service. The Nashville Network also Mr. KENNEDY. Mr. President, I am created the Minnie Pearl Award in her delighted that the John F. Kennedy Li- ADVANCE NOTICE OF PROPOSED RULEMAKING honor, which is an annual community brary is honoring Donald Dowd of West Summary: The Board of Directors of the Springfield, MA with its 1996 Irishman Office of Compliance (‘‘Board’’) invites com- service award given to members of the ments from employing offices, covered em- country music industry for their dedi- of the Year Award. It is a privilege to ployees and other interested persons on mat- cation and commitment to their com- take this opportunity to pay tribute to ters arising in the issuance of regulations munity. Don for his commitment and dedica- under section 220 (d) and (e) of the Congres- As I traveled across the State of Ten- tion to the people of Massachusetts and sional Accountability Act of 1995 (‘‘CAA’’ or nessee, so many entertainers and so the Nation. ‘‘Act’’) Pub. L. 104–1, 109 Stat. 3. many artists would come forward and The Irishman of the Year Award was The provisions of section 220 are generally recount stories about how they, when established in 1986 by the Friends of effective October 1, 1996. 2 U.S.C. section the Kennedy Library to pay tribute to 1351. Section 220(d) of the Act directs the they first came to Nashville to break Board to issue regulations to implement sec- in but when nobody knew them, would unsung leaders of Irish heritage. This tion 220. The Act further provides that, as to be pulled over to the side by this leg- award honors individuals for their out- covered employees of certain specified em- endary figure, Minnie Pearl, and Min- standing contributions to their com- ploying offices, the rights and protections of nie Pearl would give them those words munities and it honors President Ken- section 220 will be effective on the effective of encouragement and inspiration to nedy’s great love for his Irish heritage date of Board regulations authorized under plug ahead. and his belief that ‘‘each one of us can section 220(e). 2 U.S.C. section 1351(f). Sec- Mr. President, I knew Minnie Pearl make a difference and all of us must tion 304 of the CAA prescribes the procedure personally because my father was her try.’’ applicable to the issuance of substantive reg- ulations by the Board. family physician for about 35 years. Few have done more for their com- The Board issues this Advance Notice of Whether she was in character as Min- munity or for Massachusetts than Don Proposed Rulemaking (ANPR) to solicit nie Pearl or whether she was simply Dowd. Don is currently vice president comments from interested individuals and living in her own private life, or wheth- and Northeast manager of government groups in order to encourage and obtain par- er she was encouraging aspiring young affairs for the Coca-Cola Co. He also ticipation and information as early as pos- artists upon their arriving in Nash- serves as a member of the Board of Di- sible in the development of regulations. In ville, Sarah Cannon touched the hearts rectors of the New England Council, particular, the Board invites and encourages the Adopt-A-Student Program for Ca- commentors to address certain specific mat- and souls of all with whom she came ters and to submit reporting background in- into contact. It was her warm smile, thedral High School in Boston, the formation and rationale as to what the regu- her folksy humor, her words of encour- Armed Services YMCA in Charlestown, latory guidance should be before proposed agement, her tales, and most of all her and the board of trustees of the East- rules are promulgated under section 220 of famous ‘‘How-dee’’ greeting—these will ern States Exposition in West Spring- the Act. In addition to receiving written all be missed by those whom Minnie field. Don’s commitment to his com- comments, the Office will consult with inter- Pearl had entertained for years. munity and our Commonwealth is fur- ested parties in order to further its under- Her kind and loving character will be ther exemplified by his work with the standing of the need for and content of ap- Massachusetts Chapter of the Special propriate regulatory guidance. missed by those across the State of Dates: Interested parties may submit com- Tennessee and across this country. Mr. Olympics and his work with the New ments within 30 days after the date of publi- President, today I thank Minnie Pearl England Governors’ Conference. cation of this Advance Notice in the Con- and Sarah Cannon for all that ‘‘they’’ Don eminently deserves this year’s gressional Record. have given to their community, to Irishman of the Year Award. Massachu- Addresses: Submit written comments (an their State, and to their country. setts is proud of Don’s outstanding original and 10 copies) to the Chair of the Mr. President, I yield the floor. leadership, and we are proud of his Board of Directors, Office of Compliance, Room LA 200, John Adams Building, 110 Sec- f friendship as well. I commend him for ond Street, S.E., Washington, DC 20540–1999. his many achievements, and I wish him MINNIE PEARL Those wishing to receive notification of re- continued success in the years ahead. ceipt of comments are requested to include a Mr. THOMPSON. Mr. President, I f self-addressed, stamped post card. Comments want to recognize the passing this ADVANCE NOTICE OF PROPOSED may also be transmitted by facsimile week of a great entertainer and citizen, (‘‘FAX’’) machine to (202) 426–1913. This is Sarah Ophelia Colley Cannon. Mrs. RULEMAKING not a toll-free call. Copies of comments sub- Cannon, better known as Minnie Pearl, Mr. THURMOND. Mr. President, pur- mitted by the public will be available for re- was a tribute to the entertainment in- suant to section 304(b) of the Congres- view at the Law Library Reading Room, dustry and to our community. She sional Accountability Act of 1995 (2 Room LM–201, Law Library of Congress, graced the stage of the Grand Ole Opry U.S.C. 1384(b)), an advance notice of James Madison Memorial Building, Washing- ton, DC, Monday through Friday, between in Nashville, TN, with her animated proposed rulemaking was submitted by the hours of 9:30 a.m. and 4:00 p.m. humor for 51 years. Who could forget the Office of Compliance, U.S. Con- For Further Information Contact: Execu- the stories of Grinders Switch, her gress. This advance notice seeks com- tive Director, Office of Compliance at (202) straw hat with the $1.98 price tag still ment on a number of regulatory issues 724–9250. This notice is also available in the attached, and her well-known and be- arising under section 220 of the Con- following formats: large print, braille, audio loved ‘‘How-dee!’’ gressional Accountability Act. Section tape, and electronic file on computer disk. Minnie Pearl made many contribu- 220 applies to covered congressional Requests for this notice in an alternative tions off-stage as well. She was a hu- format should be made to Mr. Russell Jack- employees and employing offices the son, Director, Service Department, Office of manitarian who contributed much to rights, protections, and responsibilities the Sergeant at Arms and Doorkeeper of the her community. Many of her efforts established under chapter 71 of title V, Senate, 202–224–2705. were focused on fighting cancer. In United States Code, related to Federal Background 1987, President Ronald Reagan pre- service labor-management relations. The Congressional Accountability Act of sented Mrs. Cannon with the American Section 304 requires this notice to be 1995 applies the rights and protections of Cancer Society’s Courage Award. In printed in the CONGRESSIONAL RECORD; eleven federal labor and employment law 1991, the Sarah Cannon Cancer Center therefore, I ask unanimous consent statutes to covered Congressional employees S 1548 CONGRESSIONAL RECORD — SENATE March 6, 1996 and employing offices. The Board of Direc- based upon an asserted conflict of interest or that, under principles of administrative law, tors of the Office of Compliance established appearance of a conflict of interest, (2) any a distinction is generally made between under the CAA invites comments before pro- claim that the manner and extent of the ap- ‘‘substantive’’ regulations and ‘‘interpre- mulgating proposed rules under section 220 plication of the requirements and exemp- tive’’ regulations or guidelines. ‘‘Sub- of that Act, the section which applies to cov- tions of chapter 71 should differ for certain stantive’’ regulations are issued by a regu- ered Congressional employees and employing employees or covered employing offices, or latory body pursuant to statutory authority offices the rights, protections and respon- (3) exclusion of any covered employees from and implement the underlying statute. Such sibilities established under chapter 71 of title coverage of section 220 because of an asserted rules have the force and effect of law. The 5, United States Code, relating to Federal conflict of interest or appearance thereof, or Board also notes that the term ‘‘sub- service labor-management relations (‘‘chap- because of Congress’ constitutional respon- stantive,’’ when describing regulations, ter 71’’). sibilities. The Board must have these expla- might be used to distinguish such regula- Section 220(d) authorizes the Board to nations and information if it is to be able to tions from those that are ‘‘procedural’’ in issue regulations to implement section 220 evaluate proposed regulations and make pro- nature or content. In this regard, section 304 and further states that such regulations posed regulatory changes. Failure to provide of the CAA sets forth the procedures applica- ‘‘shall be the same as substantive regula- such information and authorities will great- ble to the issuance of ‘‘substantive’’ regula- tions promulgated by the Federal Labor Re- ly impede, if not prevent, adoption of propos- tions. In contrast, section 303 of the CAA lations Authority [‘‘FLRA’’] to als by commentors. sets forth different procedures for the issu- implement . . . [the referenced statutory So that it may make more fully informed ance of ‘‘procedural rules.’’ Both sections 303 provisions] . . . except to the extent that decisions regarding the promulgation and is- and 304 require adherence to the principles the Board may determine, for good cause suance of regulations, in addition to inviting and procedures set forth in section 553 of shown and stated together with the regula- and encouraging comments on all relevant title 5, United States Code, and provide for tion, that a modification of such regulations matters, the Board specifically requests the publication of a general notice of pro- would be more effective for the implementa- comments on the following issues: posed rulemaking in accordance with section tion of the rights and protections under this I. Regulations Promulgated by the Federal 553(b) of title 5, United States Code (to be section; or . . . as the Board deems nec- labor Relations Authority published in the Congressional Record in- essary to avoid a conflict of interest or ap- As noted above, except as otherwise speci- stead of the Federal Register) and a com- pearance of a conflict of interest.’’ ment period of at least 30 days. In light of Section 220(e) further authorizes the Board fied, section 220 (d) and (e) of the CAA, these statutory provisions, the use of the to issue regulations ‘‘on the manner and ex- among other things, directs the Board to phrase ‘‘substance regulations,’’ in the con- tent to which the requirements and exemp- issue regulations that are ‘‘the same as sub- text of sections 220 and 304 of the CAA, could tions of chapter 71 . . . should apply’’ to stantive regulations promulgated by the be intended to further distinguish such regu- covered employees who are employed in of- Federal Labor Relations Authority to imple- lations from the purely procedural regula- fices listed in paragraph 2 of that subsection ment the [applicable] statutory provisions’’ tions to be issued under section 303 of the and provides that such regulations shall, ‘‘to (emphasis added). Act. the greatest extent practicable, be consist- The Board has reviewed the body of regula- The Board invites comment on the mean- ent with the provisions and purposes of chap- tions promulgated by the FLRA and pub- ing of the term ‘‘substantive regulations’’ ter 71 . . . and of this Act, and shall be the lished at 5 C.F.R. sections 2411–2416 (Sub- under sections 220 and 304 of the CAA. same as substantive regulations issued by chapter B), 2420–2430 (Subchapter C), and The Board further invites comment on the [FLRA] under such chapter, 2470–2472 (Subchapter D), as amended, effec- which of the regulations promulgated by the except . . . [for good cause] . . . and that tive March 15, 1996 (See Vol. 60 Federal Reg- FLRA should be considered substantive regu- the Board shall exclude from coverage under ister 67288, December 29, 1995) Subchapter B lations within the meaning of section 220 of [section 220] any covered employees who are of the FLRA regulations treats the imple- the CAA, and specifically invites comment employed in offices listed in paragraph (2) [of mentation and applicability of the Freedom on whether, and if so, to what extent the section 220(e)] if the Board determines that of Information Act, the Privacy Act and the Board should propose the adoption of the such exclusion is required because of (i) a Sunshine Act in the FLRA’s processes; inter- regulations set forth in 5 C.F.R. sections conflict of interest or appearance of a con- nal matters including delegations of author- 2411–2416. flict of interest; or (ii) Congress’ constitu- ity, FLRA employee conduct and anti-dis- tional responsibilities.’’ crimination policies; and procedural issues II. Modifications of FLRA Regulations under The provisions of section 220 are effective such as ex parte communications and sub- Section 220(d) of the CAA October 1, 1996, except that, ‘‘[w]ith respect poenas of FLRA personnel. As the regula- As noted above, section 220(d) provides to the offices listed in subsection (e)(2), to tions contained in Subchapter B of the that the Board shall issue regulations that the covered employees of such offices, and to FLRA’s regulations do not appear to have are the same as substantive regulations of representatives of such employees, [the pro- been ‘‘promulgated to implement the statu- the FLRA ‘‘except to the extent that the visions of section 220] shall be effective on tory provisions’’ applied by section 220, it is Board may determine, for good cause shown the effective date of regulations under sub- the Board’s preliminary view that they and stated together with the regulations, section (e).’’ should not be proposed for adoption under that a modification of such regulations In order to promulgate regulations that the CAA. would be more effective for the implementation properly fulfill the directions and intent of With respect to the rest of the FLRA’s reg- of the rights and protections under this sec- these statutory provisions, the Board needs ulations, section 2420.1, ‘‘Purpose and scope’’, tion’’ (emphasis added). Section 220(d) also comprehensive information and comment on states in pertinent part that ‘‘the regula- provides that the Board may modify the a wide range of matters and issues. The tions contained in this subchapter [Sub- FLRA’s substantive regulations ‘‘as the Board has determined that, before publishing chapter C relating to the FLRA and the Gen- Board deems necessary to avoid a conflict of proposed regulations for notice and com- eral Counsel of the FLRA] are designed to interest or appearance of a conflict of inter- ment, it will provide all interested parties implement the provisions of chapter 71 . . . est.’’ Thus, there is an issue as to what modi- and persons with this opportunity to submit They prescribe the procedures, basic prin- fications, if any, should be made to the comments, with supporting data, authorities ciples or criteria under which the [FLRA] or FLRA’s regulations pursuant to these au- and argument, as to the content of and bases the General Counsel of the [FLRA], as appli- thorities. for any proposed regulations. The Board cable, will’’ carry out their functions, re- Commentors who, based upon an assertion wishes to emphasize, as it did in the develop- solve issues and otherwise administer chap- of ‘‘good cause,’’ propose modifications of ment of the regulations issued to implement ter 71. Section 2470.1 in turn provides that any identified substantive regulations pro- sections 202, 203, 204 and 205 of the CAA, that the ‘‘regulations contained in this Sub- mulgated by the FLRA should state, with commentors who propose a modification of chapter [D] are intended to implement the specificity and detail, how such modifica- the regulations promulgated by the FLRA, provisions of section 7119 of title 5 . . . They tions would be ‘‘more effective’’ for the im- based upon an assertion of ‘‘good cause,’’ prescribe procedures and methods which the plementation of the rights and protections should provide specific and detailed informa- Federal Service Impasses Panel may utilize applied under the CAA. Commentors are re- tion and rationale necessary to meet the in the resolution of negotiation impasses minded that proposed modifications for good statutory requirements for good cause to de- . . .’’ Thus, a review of Subchapters C and D cause must meet the statutory requirements part from the FLRA’s regulations. It is not reveals that certain of the regulations relate quoted above; commentors are also reminded enough for commentors simply to propose a to processes that implement chapter 71, that any proposed modifications in regula- revision to the FLRA’s regulations or to re- while others relate to principles or criteria tions should be supported by appropriate quest guidance on an issue, rather, if for making decisions that implement chap- legal and factual materials. commentors desire a change in the FLRA’s ter 71. Thus, with respect to all of these pro- Similarly, the Board further requests regulations, commentors must explain the visions, there is a question as to which, if commentors to identify, where applicable, legal and factual basis for the suggested any, are ‘‘substantive regulations’’ within why a proposed modification of the FLRA change. Similarly, commentors are urged to the meaning of section 220(d) and (e) of the regulations is necessary to avoid a conflict provide information with sufficient specific- Act. of interest or an appearance of a conflict of ity and detail to support (1) any proposed When promulgating regulations to imple- interest. In this regard, commentors should modification of the FLRA’s regulations ment section 203 of the CAA, the Board noted not only fully and specifically describe the March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1549 conflict of interest or appearance thereof of the House of Representatives: Offices of ing in the civil service are in the public in- that they believe would exist were the perti- Legislative Operations, Official Reporters of terest. nent FLRA regulations not modified, but Debate, Official Reporters to Committees, (b) It is the purpose of this chapter to pre- also explain the necessity for avoiding the Printing Services, and Legislative Informa- scribe certain rights and obligations of the asserted conflict or appearance of conflict tion; employees of the Federal Government and to and how any proposed modification would (E) the Office of the Legislative Counsel of establish procedures which are designed to avoid the identified concerns. Indeed, the Senate, the Office of the Senate Legal meet the special requirements and needs of commentors should explain how they inter- Counsel, the Office of the Legislative Coun- the Government. The provisions of this chap- pret this statutory provision and, in doing sel of the House of Representatives, the Of- ter should be interpreted in a manner con- so, identify the interpretive materials upon fice of the General Counsel of the House of sistent with the requirement of an effective which they are relying. Representatives, the Office of the Par- and efficient Government. In addition, the Board requests that liamentarian of the House of Representa- There thus is immediately a question wheth- commentors identify any provisions within tives, and the Office of the Law Revision er and to what extent these findings and pur- Subchapters C and D of the FLRA’s regula- Counsel; poses apply in interpreting section 220 of the tions which, although promulgated to imple- (F) the offices of the caucus or party orga- CAA, and, if these findings and purposes do ment chapter 71, were not in the nization; not apply, the question arises as to how the commentors’ view promulgated to imple- (G) the Congressional Budget Office, the Board should define the phrase ‘‘provisions ment a statutory provision of chapter 71 that Office of Technology Assessment, and the Of- and purposes of chapter 71.’’ was incorporated by section 220 into the CAA fice of Compliance; and The Board invites comment on whether or are otherwise inconsistent with the provi- (H) such other offices that perform com- and to what extent it should, pursuant to sions of the CAA. Also, commentors are re- parable functions which are identified under section 220(e)(1)(A), modify the regulations quested to suggest technical changes in no- regulations of the Board. promulgated by the FLRA for application to covered employees of the offices identified in menclature or other matters that may be These statutory provisions raise a number of section 220(e)(2). Commentors are reminded deemed appropriate. interpretive and factual questions that must that any suggested modifications of the The Board invites comment on whether be considered in the rulemaking process. and to what extent it should, pursuant to FLRA’s regulations should be supported with Although section 220(e)(1)(A) directs that a detailed explanation of the factual and section 220(d) of the CAA, modify the sub- any regulations issued by the Board on the stantive regulations promulgated by the legal reasons that demonstrate how such manner and extent of application of chapter modification would meet the ‘‘good cause’’ FLRA. 71’s requirements and exemptions shall gen- III. Questions arising under section 220(e) standard of the CAA, as well as an expla- erally be the same as the FLRA’s sub- nation of how such proposed modifications A. The Manner and Extent of the Application stantive regulations, the regulations promul- are ‘‘to the greatest extent practicable con- of Chapter 71 to Specific Employees gated by the FLRA only generally govern sistent with the provisions and purposes of Section 220(e)(1) provides that the ‘‘Board the manner in which chapter 71 is imple- chapter 71.’’ shall issue regulations pursuant to section mented. The specific application of both the The Board further invites comment on 304 on the manner and extent to which the requirements of chapter 71 and the exemp- what regulations should be issued under sec- requirements and exemptions of chapter 71 tions delineated in sections 7103 and 7112 of tion 220(e)(1)(A) concerning the manner and . . . should apply to covered employees who that chapter has been developed through the extent to which the requirements and ex- are employed in offices listed in paragraph case precedents of the FLRA and the courts; emptions of chapter 71 should apply to cov- (2).’’ Section 220(e) further states that the the FLRA regulations generally do not set ered employees who are employed in the of- ‘‘regulations shall, to the greatest extent forth, with any specificity, the manner and fices identified in section 220(e)(2). practicable, be consistent with the provi- extent of the application of chapter 71’s re- Commentors are requested to state on what sions and purposes of chapter 71 and shall be quirements and exemptions. An initial ques- basis they believe the Board has authority to the same as substantive regulations issued tion arises as to whether and to what extent issue such regulations, and to set forth fully by the [FLRA] under such chapter,’’ except the regulations promulgated by the FLRA and precisely the content of and necessity for ‘‘good cause.’’ The offices referred to in should be modified for application to covered for any proposed regulations, as well as an section 220(e)(2) include: employees of the offices identified in section explanation of how any such proposed regu- (A) the personal office of any Member of 220(e)(2) so as to specify in greater detail the lations are ‘‘to the greatest extent prac- the House of Representatives or of any Sen- manner and the extent of chapter 71’s appli- ticable consistent with the provisions and ator; cation. In addressing this question, purposes of chapter 71.’’ (B) a standing, select, special, permanent, commentors are reminded that any sug- B. Exclusion from Coverage temporary, or other committee of the Senate gested modifications of the FLRA’s regula- Section 220(e)(1)(B) provides ‘‘that the or other committee of the Senate or House of tions should be supported with a detailed ex- Board shall exclude from coverage [under Representatives, or a joint committee of planation of the factual and legal reasons section 220] any covered employees who are Congress; that demonstrate how such modification employed in offices listed in paragraph (2) if (C) the Office of the vice President (as would meet the ‘‘good cause’’ standard of the the Board determines that such exclusion is President of the Senate), the Office of the CAA (see Section II, supra.). required because of— President pro tempore of the Senate, the Of- In addition, the Board notes that section (i) a conflict of interest or appearance of a fice of the Majority Leader of the Senate, 220(e) further requires that any regulations conflict of interest; or the Office of the Minority Leader of the Sen- issued on the manner and extent of chapter (ii) Congress’ constitutional responsibil- ate, the Office of the Majority Whip of the 71’s application to employees in the ref- ities.’’ Senate, the Office of the Minority Whip of erenced offices shall, to the greatest extent The referenced offices are set forth above. the Senate, the Conference of the Majority of practicable, be consistent with the provi- The Board seeks comment on several ques- the Senate, the Conference of the Minority sions and purposes of chapter 71. In the lat- tions. of the Senate, the Office of the Secretary of ter regard, Section 7101 of chapter 71 sets Under section 7103 of chapter 71, manage- the Conference of the Majority of the Senate, forth the following ‘‘Findings and purpose’’. rial and supervisory employees are excluded the Office of the Secretary of the Conference (a) The Congress finds that— by law from coverage under section 220 of the of the Minority of the Senate, the Office of (1) experience in both private and public CAA, and, pursuant to section 7112, other in- the Secretary for the Majority of the Senate, employment indicates that the statutory dividuals such as confidential employees, the Office of the Secretary for the Minority protection of the right of employees to orga- employees engaged in personnel work, cer- of the Senate, the Majority Policy Commit- nize, bargain collectively, and participate tain employees who conduct internal inves- tee of the Senate, the Minority Policy Com- through labor organizations of their own tigations and employees engaged in intel- mittee of the Senate, and the following of- choosing in decisions which affect them— ligence or national security work are pre- fices within the Office of the Secretary of the (A) safeguards the public interest, cluded from inclusion in bargaining units. In Senate: Offices of the Parliamentarian, Bill (B) contributes to the effective conduct of addition, section 7120 of chapter 71 provides Clerk, Legislative Clerk, Journal Clerk, Ex- public business, and that chapter 71 ‘‘does not authorize partici- ecutive Clerk, Enrolling Clerk, Official Re- (C) facilitates and encourages the amicable pation in the management of a labor organi- porters of Debate, Daily Digest, Printing settlements of disputes between employees zation or acting as a representative of a Services, Captioning Services, and Senate and their employers involving conditions of labor organization by an employee if the par- Chief Counsel for Employment. employment; and ticipation or activity would result in a con- (D) the Office of the Speaker of the House (2) the public interest demands the highest flict or apparent conflict of interest or would of Representatives, the Office of the Major- standards of employee performance and the otherwise be incompatible with law or with ity Leader of the House of Representatives, continued development and implementation the official duties of the employee.’’ The the Office of the Minority Leader of the of modern and progressive work practices to issue presented is which additional employ- House of Representatives, the Offices of the facilitate and improve employee perform- ees, if any, shall be excluded from coverage Chief Deputy Majority Whips, the Offices of ance and the efficient accomplishment of the under section 220 based upon factors other the Chief Deputy Minority Whips and the fol- operations of the Government Therefore, than those already set forth under the provi- lowing offices within the Office of the Clerk labor organizations and collective bargain- sions of chapter 71, as applied by the CAA. S 1550 CONGRESSIONAL RECORD — SENATE March 6, 1996 The Board reiterates that any proposed ex- station; and Thomas A. Barr, an elec- published two weekly newspapers, one clusion should be supported with detailed trical engineer. The paper was printed of which was the Shelby County Re- and precise information and rationale suffi- on its own press, an offset press which porter. cient to establish that exclusion is war- was one of the most modern in the As mayor, he came to be seen as an ranted under section 220(e)(1(B) of the Act. For example, commentors should provide business. Less than 2 months after it uncommon friend to his constituents. comprehensive and specific descriptions of began publishing, it went to a twice- He accomplished things which had a di- job functions and responsibilities that they weekly schedule, and in August 1964, it rect impact on their daily lives. He saw believe require exclusion of covered employ- became a 6-day daily, publishing every that tall horse-and-buggy curbs and ees from coverage and explain precisely why day except Sunday. crumbling sidewalks were replaced by the participation in an employee organiza- Stoney Jackson was the first editor lower curbs, handicap ramps, flowering tion of an individual who had such tasks and of the News. At one time, he was a con- trees in planters, and litter cans. He responsibilities would interfere with Con- testant on ‘‘The $64,000 Question’’ tele- oversaw the building of a 40-acre park gress’ constitutional responsibilities or present a conflict of interest. In the absence vision quiz show, and became famous with ball fields, playgrounds, picnic ta- of such information and rationale, it will be when he revealed cheating on the fa- bles, walking trail, gazebo, recreation difficult for the Board to determine whether mous game show. Other editors were building, and Scout hut. He worked covered employees in the specified offices Sid Thomas, Hollice Smith, Dave with black citizens to devise a district should be excluded from enjoying the rights Langford, Tom Lankford, and Lee voting system that assured their rep- and protections of section 220, except as oth- Woodward, who has been editor since resentation on the council years before erwise required by law or provided under any 1977. Ironically, Woodward, who first a Federal court decision ordered mu- regulations issued pursuant to section came to work for the paper in 1972, had nicipal governments to take such ac- 220(e)(1)(A). The Board invites comment on the follow- already planned his retirement for this tion. Mayor Sears was also credited ing specific questions: March before the announcement about with constructing a sewage treatment 1. What are the constitutional responsibil- the News. plant and modern fire station. ities of Congress that would require exclu- Before he joined the News, Wood- He spent some fairly exciting times sion of employees from coverage under sec- ward, a native of Arab, AL, had worked in the Pacific theatre during World tion 220 of the CAA? Similarly, what would for the Huntsville Times, the News War II. He served in Tokyo and in the constitute a conflict of interest or appear- Courier, Alabama Courier, and Lime- Philippines with General Douglas ance of conflict that would require exclusion stone Democrat, all three newspapers MacArther. He and Marcia would cus- of employees from coverage under section 220 published in Athens, where he grew up. tomarily travel around the world, to of the CAA? 2. Should determinations as to exclusion He had also worked at the Gadsden wherever news was breaking or about from coverage under section 220 be made on Times. He is now serving as president to break. They celebrated Alaska’s an office-wide basis or should they be based of the Alabama Press Association and statehood in Juneau; visited South Af- on performance of specified duties and func- has been on the Alabama Newspaper rica on the brink of revolution in 1986; tions in the referenced office? Advertising Service Board of Directors. and saw the other side of the Iron Cur- 3. In each individual office referenced in Altogether, he has enjoyed 42 years in tain before glasnost turned it into rust. section 220(e)(2), what are the particular du- the newspaper business. Mayor Sears was active in the World ties and functions of the specific positions I want to congratulate everyone who Council of Mayors; past chairman of that shall be excluded from coverage? What has been involved with the publication is the legal basis under the CAA for exclu- the Shelby County Mayors Association; sion? of the Huntsville News over the last 32 and president of the Montevallo Rotary 4. What exclusions, if any, are required years, particularly the current editor, Club, Chamber of Commerce, and board under paragraph 220(e)(2)(H)? What are the Lee Woodward, who has performed su- of Shelby Youth Services. ‘‘comparable functions’’ of any office so perbly in an exceedingly difficult posi- Ralph Sears was truly an institution identified? What are the bases for exclusion tion. The newspaper has been an au- in Montevallo; he was involved in the of the specified office or of covered employ- thoritative source of information and city’s educational, religious, news ees in the offices? insight into the issues and news of the media, and, of course, its governing The Board reiterates that, in answering day, and its loss is an extremely sad bodies. He was a gentleman’s gen- these questions, commentors should provide one for the Huntsville area. Its sharp tleman who believed deeply in the prin- detailed legal and factual support for their writing, lucid clarity, and professional proposals. Generalities and conclusory asser- ciples set forth in the U.S. Constitu- tions will not suffice. Detailed information objectivity each morning will be sorely tion. He was an honest, fair, and moral and authorities that address specific duties missed by its many readers. It has per- person—a progressive and a visionary and functions of employees and offices, in formed its mission well and leaves a who believed the American way was rigorous and complete detail, are necessary tremendous journalistic legacy to the the right way. to enable the Board to make appropriate de- citizens of this vibrant area. At the time of his death, one of the terminations pursuant to the CAA’s man- f projects he was working on was the es- date. tablishment of a section of Montevallo TRIBUTE TO MAYOR RALPH f as an Alabama Village. The State and SEARS the University of Montevallo are try- GOODBYE TO THE HUNTSVILLE Mr. HEFLIN. Mr. President, long- NEWS ing to create a community similar to time Montevallo, AL mayor Ralph Jamestown in Williamsburg, VA, and Mr. HEFLIN. Mr. President, Hunts- Sears passed away on February 14, 1996 the city has committed funds to buy ville, AL’s morning newspaper, the at the age of 73. A native of Nebraska, 115 acres for the project. Hopefully, Huntsville News, will publish its last the young World War II veteran had this village will some day stand as a edition on Friday, March 15, 1996. The come to Montevallo in 1948 to teach monument to his life and work. News was founded 32 years ago by local broadcasting courses at Alabama Col- I extend my sincerest condolences to business people as a weekly, but be- lege, now the University of Montevallo. the Sears family in the wake of its tre- came a daily paper within only a few It was said that he had a golden voice, mendous loss. His legacy is one that months. In 1968, it was sold by the own- and he originally was lured to the will last for many, many decades into ers to Advance Publications, which south to teach a year or so and then the future. also owns Huntsville’s afternoon paper, move on. Thankfully for Montevallo, f the Huntsville Times. he never got around to moving on. In- The Huntsville News published its stead, he went on to serve for 16 years TRIBUTE TO CIVIC LEADER HARRY first edition on January 8, 1964. It in- as a member of the city council and MOORE RHETT, JR. troduced itself to its Rocket City read- then for 24 years as mayor. Mr. HEFLIN. Mr. President, Harry ers with the headline: ‘‘New Commu- During his nearly half-century in his Moore Rhett, Jr., a long-time commu- nications Capsule Blasts Off.’’ The adopted city, Ralph Sears and his wife, nity leader and member of one of original owners were James Cleary, a Marcia, raised three children; opened Huntsville, Alabama’s most prominent Huntsville attorney; John Higdon, the radio station WBYE, located between families, died on February 3, 1996 at his former manager of a local television Calera and Montevallo; and bought and antebellum home in Huntsville. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1551 During his long career, Rhett served celebrated their 50th wedding anniver- government officials and politicians. as chairman of the city of Huntsville sary. My wife, Janet, and I look for- But mostly, she has been a leader for Gas Utility Board; chairman of the city ward to the day we can celebrate a the women of Rhode Island, and has of Huntsville Water Utility Board; similar milestone. Ernest and Margie’s gained the respect of both those who chairman of the Huntsville Hospital commitment to the principles and val- share her views and those who don’t. Foundation; chairman of the Randolph ues of their marriage deserves to be sa- Rhode Islanders will miss Barbara, School Board of Trustees; and chair- luted and recognized. I wish them and and we wish her well in her move to man of the board of governors of the their family all the best as they cele- Tennessee. But we want her to know Heritage Club. brate this substantial marker on their that the door to our State will always In addition, he had served as presi- journey together. be open to her, and we hope that some dent of the Huntsville-Madison County f day she will return. Chamber of Commerce; the Huntsville f THE BAD DEBT BOXSCORE Rotary Club; the Huntsville Industrial CONGRATULATIONS TO PRESIDENT Mr. HELMS. Mr. President, the Fed- Expansion Committee; and the Twick- SOARES UPON HIS RETIREMENT enham Historic Preservation District eral debt now exceeds $5 trillion. Twen- Association. He was chairman of the ty years ago, in 1976, the Federal debt Mr. PELL. Mr. President, as Presi- board of control of Huntsville Hospital; stood at $629 billion, after 200 years of dent Soares, one of Portugal’s greatest the Madison County Board of Reg- America’s existence, including two modern leaders, prepares to retire, I istrars; and the Marshall Space Flight world wars. After all of that, the total would like to offer my personal con- Center Community Advisory Commit- Federal debt, I repeat, was $629 billion. gratulations. President Soares is a tee. Then the big spenders really went to good friend who has my admiration for It is difficult to imagine any citizen work and the interest on the debt real- all he has done to make Portugal a vi- serving his community with more en- ly began to take off—and, presto, dur- brant and democratic part of Europe. ergy, pride, and dedication than did ing the past 20 years the Federal debt During the dark days of Portugal’s au- Harry Rhett, Jr. His devotion to his has soared into the stratosphere, in- thoritarian regime, President Soares community was total and unwavering. creasing by more than $4 trillion in 2 demonstrated an enormous amount of As an avid athlete, hunter, and decades—from 1976 to 1996. courage. He was an active opponent of sportsman, he was the founder and So, Mr. President, as of the close of that rule—and for that he paid dearly. master of the Mooreland Hunt, a local business yesterday, March 5, 1996, the I particularly remember that when fox-hunting group. He was a graduate Federal debt stood—down-to-the- those dark days ended in 1974, Presi- dent Soares returned to Portugal to of Culver Military Academy; Washing- penny—at $5,016,462,295,493.85. On a per help lead the new government. I fol- ton and Lee University; and Harvard capita basis, every man, woman, and lowed his career closely in the ensuing University business school. He served child in America owes $19,040.91 as his years—when he served as foreign min- as an army officer in Europe during or her share of that debt. ister twice and prime minister three World War II. This enormous debt is a festering, es- times before becoming President in Harry Rhett, Jr. was one of those calating burden on all citizens and es- 1986. I have deep regard for President rare individuals who truly embodied pecially it is jeopardizing the liberty of Soares’ leadership in the 1980’s in pre- the unique ideals upon which our coun- our children and grandchildren. As Jef- paring Portugal for entry into the Eu- try was founded. He achieved great fi- ferson once warned, ‘‘to preserve [our] ropean Community, and in more recent nancial and personal success, yet independence, we must not let our years, in ensuring that Portugal re- served with humility and a spirit of leaders load us with perpetual debt. We mains firmly planted in the European generosity. His efforts and work con- must make our election between econ- Union and NATO. tributed significantly to the tremen- omy and liberty, or profusion and ser- I have a huge respect for Portugal dous growth of the Huntsville area dur- vitude.’’ Isn’t it about time that Con- and her people, and have been fortu- ing his life-time. gress heeded the wise words of the au- nate to work with President Soares I extend my sincerest condolences to thor of the Declaration of Independ- over the years. My State of Rhode Is- the Rhett family in the wake of its tre- ence? land has a large and vibrant Por- mendous loss. I hope they, like most f tuguese community. citizens of this area, will find solace in MS. BARBARA BALDWIN Portugal is an important ally. Our continuing to enjoy the fruits of Har- two countries share a commitment to ry’s labor, which are all around them, Mr. PELL. Mr. President, last week democracy, freedom, and peace—values for many, many years to come. Rhode Islanders learned some sad news. which are important not only as we f We learned that one of our commu- confront a changing Europe—but as we nity’s leading and most respected ac- HONORING THE EATONS FOR approach challenges in the Middle East tivists is leaving our State for a new and Africa. Portugal is a great friend of CELEBRATING THEIR 50TH WED- position in Tennessee. We will miss DING ANNIVERSARY the United States, and it is in the spir- Barbara Baldwin, the Executive Direc- it of this friendship that I pay tribute Mr. ASHCROFT. Mr. President, these tor of Planned Parenthood of Rhode Is- to President Soares, and wish him well are trying times for the family in land for the last 9 years, when she in his retirement. America. Unfortunately, too many bro- leaves Rhode Island at the end of May. f ken homes have become part of our na- It is often said that everyone in tional culture. It is tragic that nearly Rhode Island knows everyone else in HOW MUCH FOREIGN OIL BEING half of all couples married today will Rhode Island. That’s almost true—we CONSUMED BY UNITED STATES? see their union dissolve into divorce. are a small State and it is relatively HERE’S WEEKLY BOXSCORE The effects of divorce on families and easy to get to know people who become Mr. HELMS. Mr. President, the particularly the children of broken active in the State and in their com- American Petroleum Institute reports families are devastating. In such an munities. But Barbara made an imme- that, for the week ending March 1, the era, I believe it is both instructive and diate mark on Rhode Island when she United States imported 6,329,000 barrels important to honor those who have arrived here in 1987. And since then she of oil each day, 3 percent more—169,000 taken the commitment of ‘‘til death us had led Planned Parenthood with dig- barrels more—than the 6,160,000 barrels do part’’ seriously and have success- nity, serenity, courage, and energy. imported during the same period 1 year fully demonstrated the timeless prin- She is totally dedicated to ensuring ago. ciples of love, honor, and fidelity, to quality health care to women, and is Americans now rely on foreign oil for build a strong family. These qualities wholly committed to preserving repro- more than 50 percent of their needs. make our country strong. ductive rights. There is no sign that this upward trend For these important reasons, I rise Barbara has also been an important will abate. today to honor the Ernest and Margie political adviser and friend to me over Anybody else interested in restoring Eaton of Clinton, MO, who on March 3 these last 9 years, and to many other domestic production of oil—by U.S. S 1552 CONGRESSIONAL RECORD — SENATE March 6, 1996 producers using American workers? tions, and very soon, I hope it will lead The PRESIDING OFFICER. The The political primary season has forced to final passage of my bill to prohibit question is on the motion. the political and media establishment new mothers from being discharged Is there further debate? to take seriously American’s deep-felt from the hospital before they or their Mr. MACK addressed the Chair. concern about economic insecurity and babies are ready. The PRESIDING OFFICER. The Sen- loss of jobs to foreign competition. It’s In addition to these qualities, there ator from Florida. about time they caught on. All it takes is an intangible between a Senator and Mr. MACK. Mr. President, we are is a trip through North Carolina to see a staff member. It is related to loyalty here today primarily because the White the scores of textile mills closed due to and knowledge, but it also is some- House has not been dealing with the foreign competition to understand why thing more. It is the phenomenon of special committee in good faith. I Americans have a legitimate fear of being confident that the staff member know that there are those who would losing their job or see their hard knows how to further the Senator’s accuse this committee of conducting a earned wages fall. goals in a way that is consistent with political witch hunt in an election Politicians had better ponder the the Senator’s values and style. I’ve al- year. But I submit that there are le- economic calamity that will surely ways felt that way about Trudy. I gitimate and powerful reasons to be in- occur in America if and when foreign could truly leave it to her and know vestigating Whitewater Development producers shut off our supply, or dou- that it would be done as I would want Corp. and all of the related matters. ble the already enormous cost of im- it done. I guess I’m saying that at the At the outset, it should be made ported oil flowing into the United core of a Senator-staff relation is trust. clear that the main reason this com- States. That’s clearly the way it’s been be- mittee needs additional time is the ab- f tween us, for which I am lucky and ject failure of this administration to very grateful. cooperate. Contrary to all of their pub- TRIBUTE TO TRUDY VINCENT I want finally to thank Trudy again, lic statements, I believe the White Mr. BRADLEY. Mr. President, I rise express my appreciation for all her House has been actively engaged in a to offer my warmest thanks, respect, long hours and hard work, and wish her coverup. They have repeatedly refused and heartfelt congratulations to my all the best fortune as she continues to to turn over relevant evidence and legislative director, Trudy Vincent, contribute to the workings of this have often failed to remember key who will leave my staff at the end of democratic institution after I leave. facts under oath. this week. For 3 years, in her second The PRESIDING OFFICER (Mr. To give just one example, Bruce tour of duty in my office, Trudy has DEWINE). The Senator from Utah. Lindsey was asked on numerous occa- been the anchor of my legislative work, Mr. BENNETT. Mr. President, I sug- sions whether he had produced all rel- and deserves much of the credit for the gest the absence of a quorum. evant documents to the committee, legislative accomplishments of my of- The PRESIDING OFFICER. The and he insisted under oath that he had. fice since 1993. clerk will call the roll. In particular, the committee asked Although Trudy will be leaving my The bill clerk proceeded to call the about any notes he might have taken staff, she will not be leaving the Sen- roll. during the November 5, 1994, meeting of ate, and my office’s loss is the gain of Mr. BENNETT. Mr. President, I ask the Whitewater defense team. That is my colleague Senator BINGAMAN of unanimous consent that the order for the same meeting where William Ken- New Mexico, who will undoubtedly the quorum call be rescinded. nedy took notes, and we almost had to grow to depend upon her much as I The PRESIDING OFFICER. Without go to court to obtain them. Last Fri- have. objection, it is so ordered. day—that is the very date the special Like many of the most gifted and f committee’s funding was set to ex- successful of the staff members who ADJOURNMENT pire—he turned over his clearly serve this institution, Trudy first came marked notes of the November 5 Mr. BENNETT. Mr. President, I ask here as a fellow through an academic Whitewater defense team meeting. program, having first pursued and suc- unanimous consent that the Senate The American people deserve better ceeded in another demanding field. In now stand in adjournment for 1 than that. Again, this is only one ex- her case, Trudy first attained a doctor- minute, and that when the Senate re- ample—where Bruce Lindsey was asked ate in psychology, then joined my of- convenes its morning hour be deemed over and over again whether he had fice in 1987 as a legislative fellow, to have expired. taken notes during that November 5 The PRESIDING OFFICER. Without working on innovative education and meeting, and we were told over and objection, it is so ordered. health initiatives. Thereupon, the Senate adjourned over again that he had not. On the day When her first tour of duty in my of- until 11:12 a.m.; whereupon, the Senate this committee’s funding expired, they fice ended after a year, Trudy joined at 11:13 a.m. reassembled when called turned over these notes of the meeting. the staff of her home State Senator, In my opinion, the White House has to order by the Presiding Officer [Mr. Senator MIKULSKI, rose to legislative done everything in its power to hide DEWINE]. director, and returned to my staff as Mr. BENNETT addressed the Chair. the truth. That is why we are here ask- legislative director in 1993. I have The PRESIDING OFFICER. The Sen- ing for additional funds to continue the found her good sense, her wide knowl- ator from Utah. committee’s work. edge, her broad network of friends and Mr. President, I suspect that over the f professional contacts, and her sense of next several hours we obviously will humor to be of invaluable help in all WHITEWATER DEVELOPMENT hear from both sides of the aisle on that I do for the people of New Jersey CORP. AND RELATED MATTERS— this. But on our side of the aisle, I ex- and the Nation. MOTION TO PROCEED pect that most of our Members who The most important attribute a Sen- Mr. BENNETT. Mr. President, I ask participated in these hearings will ator or legislative staffer can possess, I unanimous consent that the Senate probably do as I have done; that is, to have found, is persistence and dedica- now proceed to the consideration of focus my attention on some specific tion. You have to be entrepreneurial, calendar No. 341, Senate Resolution 227 areas where I focused my attention always looking for opportunities to regarding the Special Committee on during the committee hearings. So my move a good idea forward and never Whitewater. comments now will be somewhat fo- giving up when things look bleak. The PRESIDING OFFICER. Is there cused on the behavior of the White Trudy exemplifies these qualities. Her objection? House officials immediately after Vin- persistence and dedication has helped Mr. SARBANES. I object. cent Foster’s death. us move forward most of my urban ini- The PRESIDING OFFICER. Objec- The death of White House Deputy tiatives of 1993, the funding for the tion is heard. Counsel Vincent W. Foster, Jr., on July high school student exchange with the Mr. BENNETT. Mr. President, I now 20, 1993, marked the first time since republics of the former Soviet Union, move to proceed to calendar 341, Sen- Secretary of Defense James Forrestal student loan reform, several nomina- ate Resolution 227. died in 1949 that such a high-ranking March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1553 U.S. official took his own life. Mr. Fos- ton, Maggie Williams, Susan 1:10 in the morning and Ms. Williams ter was a close friend of both the Presi- Thomases, and Nussbaum. categorically denied talking to Ms. dent and Mrs. Clinton, and provided Fact: After those calls, Nussbaum Thomases. When the committee asked legal counsel to them on a number of reneged on the deal with the Depart- her for her phone records to prove her sensitive personal matters, including ment of Justice investigators. He in- claim, she and her lawyer stated they Whitewater. Given Mr. Foster’s sen- sisted on searching the office himself. were not available from the phone sitive position within the administra- Fact: Once the investigators left the company. We asked the phone company tion and his close personal friendship scene, a real search occurred with for the records and, voila, 1 week later, with the Clinton’s, there were legiti- Maggie Williams’ help, and afterwards we had them. mate questions to be asked about the she took documents to the residence. Susan Thomases, a New York lawyer, way he died. Mr. President, I am going to go back is a close personal friend of President The reason I raise this is because I through those various facts that I have and Mrs. Clinton. She has known the have a feeling that those who may have raised, and again I am focusing on a President for 25 years and Mrs. Clinton just casually been observing or watch- very, very small portion and limited for almost 20 years. She was an adviser ing these hearings may have asked the area of this whole debate. The area to the Clinton 1992 Presidential cam- question, What is all the concern about that I will be focusing on again is the paign and remained in the close circle how the White House handled the re- night of Foster’s death and the few of confidants to the Clintons after the view of documents in Vince Foster’s of- days following that death. election. One article referred to Ms. fice? I have already indicated that he Seven different persons recalled four Thomases as the ‘‘blunt force instru- was a personal friend of the Clintons, separate requests to White House offi- ment’’ of enforcement for the First but there are questions that would be cials to seal Vincent Foster’s office on Lady. She was the one who got things raised about any suicide of an individ- the evening of his death. This was not done in a crunch. As my colleague, ual in this kind of position. done until the next morning. Hillary Senator BENNETT, described her during Questions, for example, could be: Was Rodham Clinton called Maggie Wil- the hearings, she was the ‘‘go-to’’ guy there blackmail involved? Was he a liams, her chief of staff, at 10:13 p.m. on the Clinton team. If the First Lady victim of a crime that had something immediately upon hearing of Mr. Fos- wanted to make sure that her people to do with his position? Could he have ter’s death on July 20, 1993. Right after got to Foster’s files before outside law been the subject of extortion? Was our talking with Mrs. Clinton, Ms. Wil- enforcement, Susan Thomases was just national security compromised in any liams proceeded to the White House to the person to get the job done. way? Officials would certainly be con- Mr. Foster’s office. White House Coun- Department of Justice officials testi- cerned with finding out the answers to sel Bernie Nussbaum and Deputy Direc- fied that they agreed with Mr. Nuss- these questions as soon as possible. tor of the White House Office of Admin- baum on July 21, 1993, that they would In the days following his death, istration, Patsy Thomasson, met her jointly review documents in Mr. Fos- White House officials—in particular, there and conducted a late-night ter’s office. Let me just say that again. members of the White House counsel’s search of Mr. Foster’s office without There was an agreement between the office—searched the contents of Mr. law enforcement supervision. Justice Department and Bernie Nuss- Foster’s office and at the same time Mrs. Clinton then called Susan baum as to how the documents in Mr. prevented law enforcement officials Thomases, a close personal friend, in Foster’s office would be reviewed. from conducting a similar search. In New York at 11:19 p.m. Secret Service Then there is a flurry of phone calls doing this and later covering it up, officer Henry O’Neill testified that on that occurs at what I would call criti- they have come to look like the the night of Mr. Foster’s death, he saw cal times. We then begin a period of guiltiest bunch of people I have ever Ms. Williams remove file folders 3 to 5 time in which a multitude of calls took seen. inches thick from the White House place involving Thomases, Williams, Section (1)(b)(1) of Senate Resolution counsel’s suite and place them in her and the First Lady. I believe the pur- 120 authorizes the committee to in- office. pose of these calls might have been to quire ‘‘whether improper conduct oc- Now, why would this Secret Service make sure that the agreement Bernie curred regarding the way in which individual lie about that? This could Nussbaum had made with the Justice White House officials handled docu- constitute obstruction of justice, par- Department concerning the search of ments in the office of White House Dep- ticularly if the billing records were in Foster’s office was not kept. uty Counsel Vincent Foster following those files. If this is true, there could Call No. 1. At 6:44 a.m.—fairly early his death.’’ be two possible separate counts, the in the morning. I am trying to think Pursuant to this directive, the com- first against Maggie Williams for about how many phone calls I have ac- mittee conducted 69 depositions and knowingly taking relevant documents tually placed at 6:44 a.m. Anyway, 6:44 held 17 days of public hearings to inves- out of Foster’s office with the intent to a.m. Arkansas time on July 22, Maggie tigate the actions of White House offi- hide them from investigators, and the Williams called Mrs. Clinton—this is cials in the week following Mr. Foster’s second for turning them over to some- the day following—called Mrs. Clinton death. The committee’s investigation one else, possibly the Clintons, who at her mother’s house in Little Rock, revealed, among other things, the fol- then intentionally withheld them from and they talked for 7 minutes. Ms. Wil- lowing facts. us in violation of numerous document liams initially did not tell the special Fact: Foster’s office was never sealed requests and subpoenas. committee about her early-morning the night of his death despite four sep- This is one of the central questions phone call to the Rodham residence. arate official requests. which the committee must resolve. After obtaining her residential tele- Fact: High-ranking White House offi- After searching Mr. Foster’s office on phone records documenting the call, cials searched it without supervision. the night of his death, Ms. Williams the special committee voted unani- Fact: Maggie Williams was seen by called Mrs. Clinton in Little Rock at mously to call Ms. Williams back for an unbiased witness carrying a stack of 12:56 a.m. on July 21, 1993, and talked further testimony. When presented documents out of Foster’s office. with her for 11 minutes. Again, this is with these records, Ms. Williams testi- Fact: Nussbaum made an agreement 12:56 a.m., middle of the night. Once fied, ‘‘If I was calling the residence, it for Justice Department officials to that call was concluded, only 3 minutes is likely that I was trying to reach conduct a search of Foster’s office. later, at 1:10 a.m., after her conversa- Mrs. Clinton. If it was 6:44 in Arkansas, Fact: Nussbaum told Stephen tion with Mrs. Clinton, Ms. Williams there’s a possibility that she was not Neuwirth that the First Lady and called Ms. Thomases in New York and up. I don’t remember who I talked to, Susan Thomases was concerned with they talked for 20 minutes. but I don’t find it unusual that the the Justice officials having unfettered I wish to note here that when we first chief of staff to the First Lady might access to Foster’s office. spoke to Ms. Williams, she categori- want to call her early in the morning Fact: A flurry of phone calls occurred cally denied talking to Ms. Thomases for a number of reasons.’’ at critical times—17 separate contacts that night. Imagine, that was a 20- Maggie Williams said, ‘‘I don’t re- in a 48-hour period among Hillary Clin- minute conversation that took place at call’’ or ‘‘I don’t remember’’ so many S 1554 CONGRESSIONAL RECORD — SENATE March 6, 1996 times I lost count. According to one ton, Bill Clinton and Maggie Williams. Thomases regularly calls unpaid in- New York paper, as of last month, all Again quoting—‘‘Susan * * * I’m hav- terns at the White House just to chat. of the Whitewater witnesses combined ing discussions with various people. As Her testimony to the committee was said this a total of 797 times during the far as the White House is concerned, I frankly typical of her whole approach hearings alone. will make a decision as to how this is to the process. In my opinion, both Call No. 2. This is a call that takes going to be conducted.’’ Maggie Williams and Susan Thomases place now 6 minutes after the call that He did decide to renege on his deal are openly contemptuous of the com- Maggie Williams forgot or just did not with the Department of Justice, but mittee’s work. Their attitude toward mention to the committee until we had only after more phone calls from this inquiry has never been one of co- records of the call. But 6 minutes after Maggie Williams and Susan Thomases. operation, but rather blatant hostility. she apparently was willing to wake up We have independent corroboration Their behavior, coupled with the doc- the First Lady 6:44 Arkansas time, 6 from Steve Neuwirth. Steve Neuwirth, umentary evidence we have acquired, minutes later Mrs. Clinton called the a member of the White House counsel lead me to no other reasonable conclu- Mansion on O Street, a small hotel staff, testified under oath that Bernie sion than that Maggie Williams and where Susan Thomases stayed in Wash- Nussbaum told him Susan Thomases Susan Thomases were involved or in- ington, DC. The call lasted 3 minutes. and the First Lady were concerned fluenced the decision to breach the Oddly enough, Ms. Thomases did not about giving the officials from Justice agreement with the Department of Jus- remember this call again until after ‘‘unfettered access’’ to Foster’s office. tice. Their behavior, and what I believe the committee was provided with her While the Justice Department offi- to be the reasons behind it, are frankly phone records. cials were kept waiting outside, Nuss- an insult, not just to us, but to the Call No. 3. Upon ending her conversa- baum continued his discussions, as credibility and integrity of the Presi- tion with Mrs. Clinton, Susan more phone calls ensued, presumably dency. Thomases immediately paged Bernie about how to search the office. Call No. 12. At 12:47 p.m., Capricia, an Nussbaum at the White House, leaving Call No. 4. We are back again to this individual who is Hillary Clinton’s per- her number at the Mansion on O series of phone calls I was describing a sonal assistant, paged Maggie Williams Street. When Mr. Nussbaum answered little earlier. This is the fourth phone from the Rodham residence. the page, they talked about the upcom- call. This is 8:25 in the morning of July Call No. 13. 12:55 p.m., Maggie Wil- ing review of documents in Mr. Fos- 22. Thomases called the Rodham resi- liams called the Rodham residence and ter’s office. Ms. Thomases actually told dence and spoke for 4 minutes. spoke for 1 minute. The pressure on Call No. 5. At 9 a.m., Thomases called the committee that these two phone Nussbaum must have been too great. Maggie Williams and left the message calls had nothing to do with one an- He broke his agreement with the Jus- ‘‘call when you get in the office.’’ other. After obtaining records docu- Call No. 6. 10:48 a.m., Thomases calls tice Department and conducted the menting that she talked with Mrs. Chief of Staff McLarty’s offices, spoke search essentially unsupervised. After Clinton for 3 minutes immediately with someone for 3 minutes. learning of Nussbaum’s reversal, David prior to paging Mr. Nussbaum, the spe- A meeting involving numerous mem- Margolis, one of the seasoned DOJ offi- cial committee voted unanimously to bers of the White House staff was going cials sent over for the search, told call Ms. Thomases back for further tes- on in McLarty’s office at this time to Nussbaum, that he was making a big timony. decide how to handle the search of Fos- mistake. She maintained, however, that she ter’s office. In the meantime, the offi- Once he heard this news, Philip called Nussbaum, because again, ‘‘I was cials from the Justice Department, Heymann, the Deputy Attorney Gen- worried about my friend Bernie, and I Park Police, and other agencies were eral, later asked, ‘‘Bernie, are you hid- was just about to go into a very, very waiting around for the search to begin. ing something?″ busy day in my work, and I wanted to Call No. 7. 11:04 a.m., Thomases Call No. 14. At 1:25 p.m., the White make sure that I got to talk to Bernie called Maggie Williams, spoke for 6 House phone call to Rodham residence. that day since I had not been lucky minutes. Conversation for 6 minutes. Was this to enough to speak with him the day be- Call No. 8. This is occurring 1 minute tell Mrs. Clinton the deal with the Jus- fore.’’ after the conclusion of the previous tice Department had been reneged I will come back to the busy day she call—Thomases calls Chief of Staff upon? was having later. At this point I will McLarty’s office, spoke with someone Then we move to the search which say that she was busy all right, but not for 3 minutes. takes place in Foster’s office from ap- with her private law practice. Call No. 9, just a couple minutes proximately 1 p.m. to 3 p.m. The De- Mr. Nussbaum has a different recol- later, Thomases calls Chief of Staff partment of Justice officials again are lection of his conversations with Ms. McLarty’s office again; spoke with kept at bay. Thomases. On July 22 he testified that someone for 1 minute. Call No. 15. 3:05 p.m., Bill Burton, Ms. Thomases initiated the discussion Call No. 10. 11:37 a.m., Thomases McLarty’s deputy, called Maggie Wil- about the procedures that he intended called Maggie Williams, spoke for 11 liams and left a message. He had been to employ in reviewing documents in minutes. Three minutes after that call asked by Nussbaum, after the review of Mr. Foster’s office. was completed, Thomases called Foster’s office, to locate Maggie Wil- ‘‘The conversation on the 22d’’—this Maggie Williams and spoke for 4 min- liams. This signals the attempt by is a quote now— ‘‘The conversation on utes. Do not forget, this is all taking Nussbaum, through his deputy, to get the 22d was that she asked me what place during the time that Ms. the real search of the office underway, was going on with respect to the exam- Thomases said she was going to be but only with Ms. Williams’ help. ination of Mr. Foster’s office.’’ ‘‘She very, very busy on conference calls re- Call No. 16. 3:08 p.m., Thomases said * * * people were concerned or dis- lated to her private legal practice. called Maggie Williams. Spoke for 10 agreeing * * * whether a correct proce- When we asked Ms. Williams about minutes. dure was being followed, * * * whether all these calls to her office from Susan Call No. 17. 3:25 p.m., Steve Neuwirth it was proper to give people access to Thomases, she denied talking to her, called Ms. Williams and left a message. the office at all.’’ and told us it could have been anybody They are still trying to find Ms. Wil- According to Mr. Nussbaum, Ms. else in her office, could have been an liams. Thomases did not specify who these intern, a volunteer, or another staffer. Call No. 18. It occurred somewhere ‘‘people’’ were to whom she was refer- Her refusal to take responsibility for between 4 and 4:30 p.m. Bernie Nuss- ring, nor did Mr. Nussbaum understand the calls resulted in 32 different staff- baum personally called Maggie Wil- who they were. Mr. Nussbaum testified ers having to be interviewed about who liams to summon her to Foster’s office. he resisted Ms. Thomases’ overture, might have spoken to Susan Thomases They searched the office for about half but he said, ‘‘Susan * * * I’m having that day, and all said they do not re- an hour. discussions with various people,’’ member talking to her. Call No. 19. Somewhere between 4:30 which, by the way, we determined By doing this, Maggie Williams asked and 5 p.m. Maggie Williams phoned Hil- those various people were Hillary Clin- the committee to believe that Susan lary Clinton. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1555 Call No. 20. 5:13 p.m., Thomases day in my own work.’’ It now appears the residence at the same time as Mr. called Maggie Williams. Spoke for 9 that her work was, in fact, the First Barnett. minutes, 30 seconds. Lady’s work. Thomases spent 6 hours there, yet Then Maggie Williams takes the doc- But that is not all. There is more de- she does not remember anything about uments to the residence. Although the ception about the suicide note and the being in the White House that day. I public was initially told by the White documents removed from Foster’s of- mean, they are really asking us to House spokesperson that all the Clin- fice. I want to reiterate, I have picked stretch our willingness to understand tons personal documents were imme- out one small segment of the investiga- how this could happen. diately turned over to their lawyers tion of the testimony that we reviewed, I want to go over that point again be- after Foster’s death, once again, we and it certainly ought to become obvi- cause I find this really—6 hours she later learned this was simply untrue. ous to people, as they listen to this, was in the White House. It would be Tom Castleton, a White House em- the lack of cooperation that we re- one thing if somehow or another she ployee, spoke against his own interest ceived from the witnesses, the lack of just happened to either bump into and told us Maggie Williams asked him cooperation that we received from the Maggie Williams or bump into Bob to take boxes of documents from Fos- White House. As I said earlier, I believe Barnett and forgot it, but to, in es- ter’s office to the residence on July 22, that the White House was actively in- sence, have forgotten anything about 1993, so the First Lady and the Presi- volved in trying to cover up. the 6 hours at the White House, I just dent could review them. I am moving now to July 27, 1993. It find that very, very, very hard to be- I want to go back to this point again. is an important day. This is the day lieve. This is Maggie Williams who again that the suicide note was turned over. As recently as January 9, 1996, we re- says that this did not occur. We have Vince Foster’s suicide note had been ceived another phone record of a mes- got testimony under oath from Tom found the previous day. It was only sage from Mrs. Clinton to Susan Castleton that when he and Maggie turned over to the Park Police after a Thomases from July 27, 1993 at 1:30 Williams were taking these documents meeting with Janet Reno where she in- p.m., asking Thomases to please call to the third floor of the White House, structed the White House to do so. At- Hillary. Ms. Thomases was in Washing- that Maggie Williams told Tom torney General Reno was very strong ton, DC on that day when she would Castleton that the reason they were and decisive in her direction to the not normally have been in town, and doing this is so that the First Lady and White House. I am paraphrasing, but she had received a message from Mrs. the President could review them. basically the impression she left was, Clinton’s scheduler the day before. What I see is a day that begins and ‘‘Why did you waste my time? Why did This is also the first time Ms. ends with Maggie Williams, Susan I have to come to the White House to Thomases saw the First Lady after ″ Thomases and Hillary Clinton convers- tell you to turn these documents over? Vince Foster committed suicide. ing. I think Maggie Williams started I raise the question, Why were the So that is two personal requests by the day at 6:44 talking with the First documents not turned over the same the First Lady to speak to her, but Lady about the need to keep law en- day they were found? If you think Thomases has no memory of the occa- forcement out of Foster’s office and to about it for a moment, what possible sion. Ironically enough, she was able to get certain documents into a safe reason could the White House have for tell the committee in some detail the place. keeping that note overnight, 30 hours? specific reasons why she happened to She ended the day with a conversa- Why? be in Washington on Tuesday instead tion with Thomases and a conversation In retrospect, it is stunning that the of on Wednesday but has absolutely no with Hillary Clinton to let them White House did not turn it over to the memory of a White House visit when know—mission accomplished. Bernie Park Police right away. Obviously, as there. This type of memory loss is, Nussbaum was able to control the doc- we can see by their handling of the first, unbelievable and, second, I be- ument review. Nothing was divulged to note, they had no real intention of co- lieve a purposeful attempt to avoid giv- the Department of Justice investiga- operating. Prior to the note being ing the committee information that it tors. The sensitive documents of the turned over to the Justice Department is entitled to. First Lady were whisked away to the or Park Police, Hillary Clinton and a private quarters where months later horde of other White House officials What I have gone over is just, again, Carolyn Huber discovered critical bill- saw it. From what it sounded like, one small portion of the body of evi- ing records which had Foster’s hand- there were a large number of people— dence this committee has uncovered. writing all over them. again, what I am referring to is from Here are some other items which Hubbell even told us he had last seen the testimony. The note was found, form my view of the situation and ex- them in Foster’s possession. I believe taken to Nussbaum’s office, and people plain why I have arrived at the conclu- those records may have been among were coming in and reviewing this sion that this White House has engaged the files Maggie Williams took out of note. The people who, in fact, had seen in an attempt to completely stonewall Foster’s office. the note were asked to testify about the committee and the American pub- The first time we talked to Ms. Wil- that note and who else was in the lic. liams and Ms. Thomases, we only had a room, who else saw the note. Unethical Treasury/White House con- record of 12 of these phone calls. They Oddly enough, everyone who was tacts led to the resignation of Altman denied talking to each other, except later interviewed by the FBI about the and Hanson and Steiner, saying he lied maybe once or twice, during this pe- circumstances of finding the note for- to his diary. You may recall that from riod. We received the phone records in got about the First Lady having seen earlier hearings we had. These contacts three separate installments and, in the it. Only during our second round of were a systematic effort to gain con- end, we see their testimony was noth- hearings did we learn about this impor- fidential information from Government ing but deception. tant fact. sources and ultimately influence the There were 17 separate contacts in a As for the documents that Tom criminal and civil investigations of 48-hour period among Hillary Clinton, Castleton and Maggie Williams took up Madison. Maggie Williams, Susan Thomases and to the residence on the 22d, they were The President’s refusal to turn over Bernie Nussbaum, which I believe were turned over to Bob Barnett, the Clin- vital notes under the guise of attorney- related to how to handle the docu- ton’s personal attorney, on this day, on client privilege—this kind of coordina- ments in Foster’s office. Thomases was the 27th. Susan Thomases has testified tion among White House staff and per- on the phone to the White House for 28 she did not recall seeing Mrs. Clinton sonal lawyers resulted in a out of 58 minutes when Nussbaum was on July 27 and that she was not in- multimember Clinton defense team at trying to decide how to handle the volved in Ms. Williams’ transfer of taxpayers’ expense. search of Foster’s office. Whitewater files from the White House Now we understand why they did not Again, this was on the day that, in residence to Clinton’s personal lawyer, want to turn over those notes, because her own words, again I quote, ‘‘I was Mr. Bob Barnett, this despite records they contain phrases such as ‘‘vacuum just about to go into a very, very busy showing that Susan Thomases entered Rose law files.’’ S 1556 CONGRESSIONAL RECORD — SENATE March 6, 1996 The coverup has now reached the simple, in my opinion, this amounts to was the failure of the White House to third floor of the White House resi- contempt of the Senate and obstruc- cooperate. This is what the Washington dence. It is difficult to construct a sce- tion of justice. Post said: ‘‘Clinton officials have done nario where whoever left billing We in the Senate have a serious re- their share to extend the committee’s records on that table is not guilty of a sponsibility to investigate abuses of life.’’ felony. It is the most secure room in power in the executive branch. It is one A January 25 editorial in the New the world. Are we supposed to believe, of our constitutional obligations and is York Times said, ‘‘Given the White as my colleague from North Carolina a responsibility which the people of House’s failure to address many unan- indicated during the hearing, that the Florida expect me to carry out. swered questions, there is . . . a strong butler did it? The obligation of the legislative public interest in keeping the commit- Hillary Clinton has publicly floated branch to hold the executive branch ac- tee alive.’’ the possibility that construction work- countable goes back to the beginning One Florida newspaper, the St. Pe- ers may have placed those billing of our American heritage. The Found- tersburg Times said, ‘‘Forget election records in the book room. After com- ing Fathers had this very role in mind year politics. The American people de- mittee investigation, we now know when they debated ratification of the serve to know whether the Clinton ad- that workers are under constant Secret Constitution. In Federalist Paper No. ministration is guilty of misusing its Service supervision and they would be 51, James Madison explained the need power and orchestrating a coverup. For fired if they moved anything around. for checks and balances among the that reason—and that reason alone— The White House has seriously de- branches of Government. the Senate Whitewater hearings should layed document production from key If angels were to govern men, neither ex- go on.’’ White House players in the Whitewater ternal nor internal controls on government Further, they cited the most impor- legal defense team: Gearan, Ickes and would be necessary. In framing a government tant and most democratic reason to Waldman—and, as I said earlier, just which is to be administered by men over continue these hearings was, ‘‘Ordinary last week, Lindsey. men, the great difficulty lies in this: You citizens need to learn what all this Even when documents were turned must first enable the government to control Whitewater talk is about. Americans over, there were redactions which were the governed; and in the next place oblige it deserve a President they can trust, to control itself. just plain wrong. The notes Mr. Gearan someone who embraces questions about produced to us of a series of meetings The special committee’s work is an integrity instead of running from of the Whitewater legal defense team attempt to ensure that we are control- them. If the answers make Clinton’s were so heavily redacted that the com- ling government in the way our Found- campaigning more difficult, so be it.’’ mittee insisted on a review of the com- ing Fathers envisioned. We owe it to Wrongdoing should not go plete notes. As it turns out, the White the American people. This is their Gov- unpunished just because it was discov- House chose to redact highly relevant ernment, and we are accountable to ered during an election year. ‘‘The statements. them. search for answers cannot stop now.’’ For example, one redacted portion— Now, the failure of Madison Guar- I agree wholeheartedly with the St. and I guess maybe I ought to stop for a anty cost the taxpayers $60 million. I Petersburg Times. This committee’s minute, because some people may not have attended hearings day after day work must continue in order to pre- understand what ‘‘redaction’’ means. It and heard some amazing incidences of serve the future integrity of the office would be, for example, if I were to take wrongdoing, only to turn around and of the President. The Presidency of the this page and make the determination hear administration apologists pro- United States is an office which should that there were some things on here claim, ‘‘So what.’’ This is my reaction be looked to as a beacon of trust. Our that were not relevant; I would just to the ‘‘so what’’ response. In other President should be honest and forth- white them out and white out every- words, what they are saying is, ‘‘You right, and so should his staff. Our duty thing on the page I thought was irrele- have not proved anybody guilty of any- is to ensure that the President upholds vant, leaving only, let us say, a note on thing. There is no smoking gun. So this basic standard, abides by the laws here that says, ‘‘Quality, not quantity what.’’ It is like saying that if some- of the land, and avoids any abuse of his of evidence’’ that is important. body takes a gun and shoots at some- sacred office. So, for example, one of the redactions body and misses, no harm was done. I Apologists for the administration’s said that ‘‘the First Lady was ada- think, in fact, there is harm that has behavior have complained this inves- mantly opposed to the appointment of been done; and it has, in fact, been un- tigation is costing taxpayers too much a special counsel.’’ What I am saying to covered. money. I agree with my colleague, you is, when we first got the document, To those who insist that nothing again, from North Carolina, who said, a lot of information that we believed wrong was done, I suggest you look to ‘‘You cannot put a price tag on the in- was relevant was whited out, redacted. the results obtained so far from the tegrity of the Presidency.’’ We could not see it. It was only after independent counsel’s work: Nine For those of my colleagues who may we demanded to see it, after they said guilty pleas and indictments against still be deciding how to vote on this to us, ‘‘Do not worry, there is nothing seven others. That tells me that the is- matter, I suggest they ask themselves else of any relevance on this document sues we are pursuing are important. a few basic questions. Have all the to what you are investigating.’’ This In fact, in the most recent round of White House staffers been forthcoming, one redacted portion said, ‘‘The First indictments, the President’s 1990 gu- candid, helpful, and informative in Lady was adamantly opposed to the ap- bernatorial campaign is specifically their testimony and conduct? Did the pointment of a special counsel.’’ mentioned as the direct beneficiary of career employees of key agencies who I think that is relevant and it is an- criminal behavior. contradicted White House staff lie other example of the White House’s ef- It is also interesting to note that the when they told us of White House in- forts to keep us from moving forward. work of this committee has helped, not terference? Has the President fulfilled I know that the White House, as well hindered or duplicated, the work of the his pledge to cooperate fully with the as Members on the other side of the independent counsel. The Albany committee? If you answer one or more aisle, keep hammering on the fact that Times Union observed that without the of these questions with a no, do as I over 40,000 pages of documents have public demand in our hearings for the will, and support the resolution so that been produced. But it is not the quan- First Lady’s billing records, the special we might finally learn the truth. tity of documents that matter. They prosecutor might still be waiting for Thank you, Mr. President. I yield the could produce a million pages but de- them. floor. liberately withhold one key page. By The public has a right to know the Mr. SARBANES addressed the Chair. telling us to be satisfied with what truth about this administration. On The PRESIDING OFFICER (Mr. they have already given us, it is like February 25, the Washington Post ran ASHCROFT). The Senator from Mary- telling us we can have everything but an editorial favoring an extension of land is recognized. the 18-minute gap in the 4,000 plus the special committee. The main rea- Mr. SARBANES. Mr. President, the hours of Watergate tapes. Plain and son stated for needing additional time issue before us is a resolution that has March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1557 been reported from the Rules Commit- limited. In other words, it could go extension of time to continue the Sen- tee, introduced by Senator D’AMATO, throughout 1996. ate investigation. That proposal was the chairman of the Special The minority took the position—and reported out of both the Banking Com- Whitewater Committee, which would this was back in mid-January—that mittee and the Rules Committee on a indefinitely extend the special commit- the committee should complete its in- straight partisan vote, in contrast to tee and provide another $600,000 over vestigation by the date contained in the vote on Senate Resolution 120 last and above the almost million dollars the resolution; namely, the 29th of Feb- May. that was provided last year for it to ruary. We argued in that report, ‘‘It is The minority proposed an alter- continue its work. well within the ability of the commit- native. We took the position in mid- The distinguished minority leader, tee to complete its investigation by the January that this inquiry could be fin- Senator DASCHLE, has proposed that February 29th date provided for in the ished by the end of February, pursuant the committee’s work continue until resolution. The committee should un- to Senate Resolution 120, but the kind the 3rd of April with an additional dertake a schedule for the next 6 weeks of hearing schedule that would have $185,000. The question is really whether that will enable it to meet that objec- been necessary to accomplish that was the life of this committee ought to be tive.’’ regrettably never adopted. In fact, we given an indefinite extension through- In fact, the Senate leadership had an- have a situation in which in the 2- out the 1996 Presidential election year. nounced that the Senate would not be month period, we saw opportunities to I am going to retrace the history of in regular voting sessions from the pe- conduct hearings simply pass by. In our inquiry with respect to this par- riod of mid-January until near the end January, we held one hearing this ticular issue, because I am very frank of February, and without any compet- week, two hearings this week, two this to say that I think the indefinite ex- ing legislative business, it was our view week, two that week. So we held seven tension of the work of this committee that the committee could devote full hearings in the entire month of Janu- will only result in politicizing the com- attention of this investigation, hold an ary. January—seven hearings. mittee. It will be increasingly per- intense series of hearings and complete I remind Senators that last summer ceived by the public as an investigation its inquiry on schedule—on schedule— this very same committee in the period being conducted for political purposes. and within budget as provided for in between July 18 and August 10, a period Now, that was recognized last year Senate Resolution 120 which this body of 3 weeks, held 13 days of public hear- when the resolution establishing the adopted last May on a vote of 96–3. ings, 13 days of public hearings. The committee was first passed. Last It was possible for the committee to Iran-Contra committee, in a month, May—on May 17—the Senate adopted have met 4 or 5 days a week, a pace the held 21 days of public hearings. Mr. Senate Resolution 120, which provided committee has on previous instances President, seven hearings in the month for the establishment of the Special followed. This very same committee of January; the pace in February was Committee To Investigate the has followed that pace on other occa- the same. The month of February we Whitewater Development Corporation sions. That would have given the com- held eight hearings. All of these oppor- and Related Matters. That resolution, mittee the opportunity to do the Ar- tunities to hold hearings on all these which provided $950,000—almost $1 mil- kansas phase of the inquiry, part of other days did not take place, and in lion to carry out that investigation— which remained to be completed, the the last 2 weeks we held 1 day of hear- provided that the funding would expire committee having largely completed ings out of nine possibilities. So we on February 29, 1996. the work on the Foster papers phase came to the end of February not hav- The reason it provided that was that and the Washington phase. ing intensified the hearing schedule, from the beginning the intent was to Now, between July and August of last and Chairman D’AMATO and the major- carry out this inquiry in a fair, thor- year, between July 18 and August 10, at ity now propose an indefinite extension ough, and impartial manner, and com- a time when the Senate was in session of the hearing schedule. plete it before the country enters into and Members were handling extensive Additional funding, $600,000, which, of the Presidential campaign. Therefore, legislative business, this special com- course, would bring Senate expendi- Resolution 120, by authorizing funding mittee held 13 days of public hearings tures on the investigation of only through February 29, accom- and examined 34 witnesses. That is a Whitewater matters to $2 million— plished this objective. In fact, the reso- period of 3 weeks last summer, this $400,000 in the previous Congress, lution states that the purposes of the committee, working hard, held 13 days $950,000 thus far by this committee, and committee are ‘‘to expedite the thor- of public hearings and examined 34 wit- an additional $600,000. Now, of course, ough conduct of this investigation, nesses. The Iran-Contra committee, that does not take into account the study and hearings’’ and ‘‘to engender which I will turn to in a bit to make money spent by the independent coun- a high degree of confidence on the part some other contrasts, held 21 days of sel, which is now understood to be of the public regarding the conduct of hearings back in 1987 between July 7 above $25 million, and increasing at such investigation, study and hear- and August 6 in order to complete its about the rate of $1 million a month; or ings.’’ work. the money spent by the RTC on a civil In fact, Chairman D’AMATO, before Now, there is an important reason investigation carried out by the Pills- the Rules Committee, stated when not to carry this matter well into a bury Madison firm, which comes in at funding for the inquiry was being Presidential election year. By author- just under $4 million. We have no firm sought, ‘‘We wanted to keep it out of izing the funding only through Feb- figure on the amount spent by House that political arena, and that is why ruary 29, Senate Resolution 120 stated committees looking into the we decided to come forward with the that the purpose was to engender a Whitewater matter, nor a figure for the one-year request.’’ high degree of confidence on the part of money spent by Federal agencies as- So it is very important to understand the public regarding the conduct of sisting with or responding to these in- that at the time the resolution was such investigation, study and hearings. vestigations. In any event, it is very adopted there was a concern about this Extending the life of the committee be- clear that the amount spent in total, inquiry becoming a partisan political yond that date, and in particular ex- including all of these various sources, endeavor. It was very clear that to tending it for an indefinite period of is over $30 million. avoid that it was decided not to extend time would undermine this objective. Senator DASCHLE wrote to Senator the inquiry well into the Presidential Inevitably, in my judgment, it would DOLE on the 23d of January, at the election year. In fact, the resolution diminish public confidence in the im- time the report was filed, in which the provided that the committee should re- partiality of this inquiry. minority argued very strongly that the port to the Senate in mid-January, Now, regrettably, an intensification committee should undertake an inten- evaluating its progress and the status of the hearing schedule was not pur- sified hearing schedule in the final 6 of the investigation. When that report sued through January and February. weeks, to complete its investigation by was made, regrettably the majority So we came to the end of February and the February 29 date, and said in his took the position they needed an un- the majority, now led by Chairman letter, and I am quoting Senator limited extension of the inquiry—un- D’AMATO, has proposed an unlimited DASCHLE now: S 1558 CONGRESSIONAL RECORD — SENATE March 6, 1996 It is well within the special committee’s year preceding a Presidential election He went on to say: ability to complete its inquiry by February year, just as 1995 precedes a Presi- The problems of the past, as important as 29. The committee can and should adopt a dential election year. In considering a they are, are not as important as the future. hearing schedule over the next 6 weeks that resolution with respect to Iran-Contra, And, further, if we get bogged down in finger will enable it to meet the Senate’s des- pointing, in tearing down the President and ignated timetable. Senator DOLE took the very strong po- sition that the inquiry ought not to ex- the administration, we are just not going to be up to the challenges ahead, and all of us— As I indicated, no serious effort to in- tend into the Presidential election tensify the hearing schedule in order to all Americans—will be the losers. year. I want to compare these two ways of meet the February 29th deadline oc- In fact, in early 1987, when Congress proceeding because it was debated at curred. In fact, in the last week no was considering establishing a special the time of Iran-Contra, and recognized hearing whatever was held. In the week committee on Iran-Contra, some advo- some push to extend it into 1988 and before, only one hearing was held. In cated that it have a long timeframe, into the Presidential election year. other weeks, more hearings were held, extending into 1988, in order to com- That was very strongly opposed by two hearings, maybe three hearings, plete its work. There was a conflict be- Senator DOLE, and by his colleagues. In but often with witnesses who had little tween some Democrats in the House the end, Senator INOUYE and Rep- new to contribute to the investigation. and Senate who wanted no time limita- Senator DASCHLE has put forth an al- resentative HAMILTON turned down the tions placed on the committee, and Re- opportunity to prolong the inquiry into ternative proposal in an effort, really, publican Members, led by Senator to demonstrate reasonableness, with the election year and extend it for po- DOLE, who wanted the hearings com- litical purposes. respect to the work of the committee, pleted within 2 or 3 months. And, of and that is to provide an additional 5 This Senate last May took, in effect, course, it was pointed out at the time, the same position by establishing the weeks, until April 3, for the special and escaped no one’s attention, that an committee to complete its hearing February 29, 1996 date. We have now investigation that spilled into 1988 reached that date. And we find the ma- schedule, and until May 10 for the com- would only place the Republicans in a mittee to complete its final report and jority asking for an unlimited exten- defensive posture during the Presi- sion of this inquiry after we have been to pay for this extra time by additional dential election year. funding of $185,000. through a period in which neither in Senator INOUYE, who was selected to January nor in February did the com- In my view, 5 weeks of additional chair the special committee, and Con- hearings should be more than adequate mittee embark upon an intense hearing gressman HAMILTON, who was selected schedule in order to finish its work by to complete the so-called Arkansas as its vice chairman, recommended at the cutoff date. phase of this investigation, a phase the time rejecting the opportunity to As I have indicated, we had hearings which concerns events that occurred in prolong, and thereby exploit for politi- only 8 days in the month of February, Arkansas some 10 years ago, events cal purposes, President Reagan’s dif- a month when the Senate was not in which have been widely reported on ficulties. They determined, in fact, session. And, therefore, when it was since the 1992 Presidential campaign, that 10 months would provide enough possible to really devote all day every about which much is already known. time to carry out the inquiry, and that day to this issue, there were no hear- So, in an effort to reach an under- was the requirement under which the ings in the last week in February—only standing, Senator DASCHLE said we felt Iran-Contra Committee moved forward. one hearing in the next to the last that you could have completed your In fact, during the Senate debate on week. And in the month of January, work by the deadline, by February 29, the resolution to establish a select once again, many days without any as was enacted by the Senate last May committee on Iran-Contra, Senator hearings by the special committee, 7 when they passed the resolution estab- DOLE noted the good-faith effort of days of hearings out of the entire lishing the committee. That rep- these two congressional leaders to have month, 8 days in February. That is a resented the judgment and the consen- the committee complete its work in a total of 15 days over 2 months. sus of this body in passing that resolu- timely manner. As I indicated earlier, this very com- tion 96 to 3. And when we reached the He stated: mittee last summer in the latter part mid-January point, it was clearly I am heartened by what I understand to be of July and the first part of August— stressed that an intensified schedule the strong commitment of both the chair- over a 3-week period—held 13 days of would enable the committee to com- man and vice chairman to avoid fishing ex- hearings. But let us compare it with plete its work on time and within peditions and to keep the committee focused Iran-Contra because that was a situa- on the real issues here. budget. That did not happen. We did tion in which the Democrats controlled not get that intensification of sched- And the time period then was short- the Congress. There was a Republican ule. Now we come, having passed the ened from what many had been propos- administration. 29th of February, with Chairman ing in order to expedite and complete The question then was, what was fair D’AMATO and the majority arguing work on the matter and not carry it in terms of carrying out this inquiry, that they now want an indefinite ex- into the 1988 election year. Senator and how far should it extend into the tension of this inquiry. DOLE argued during floor debate that Presidential election year? And the I think the proposal put forth by the the country had many other matters to Democrats took the position that they minority leader, Senator DASCHLE, is deal with, and stated: were not going to extend it into the an eminently reasonable one. Regret- With all these policy decisions facing us, Presidential election year. They were tably, it was rejected in the Banking the Senate—and the country, for that mat- going to try to keep politics out of the Committee on a straight party-line ter—cannot afford to be consumed by the inquiry. Obviously, the further it goes Iranian arms sales affair. vote and rejected again in the Rules into a Presidential election year, the Committee by a straight party-line So the Senate, when it passed the more politics will come into the in- vote. In other words, the Democratic resolution, established a termination quiry. And there is just no doubt about position was, we are willing to provide date well before the end of 1987. The that, and the more the public’s con- a limited extension in order to finish termination date in our resolution was fidence in the impartiality of the in- up the things that you assert are not in February 1996. But it was recognized quiry will be eroded. yet done and will provide a limited that that was to avoid going further In 1987, in order to meet this sched- amount of time. We do not want to, in into a Presidential election year. In ule, the Iran-Contra committee held 21 effect, commit $600,000, but we will doing that, Senator DOLE said: days of hearings between July 7 and commit $185,000. There is still a national agenda that needs August 6. It met literally every Mon- Let me compare and contrast the to be pursued. There are a number of issues day through Friday with three excep- procedure that has been followed with that must be addressed, and the American people are concerned about the Iran-Contra tions over a 5-week period. respect to this resolution and the ques- matter. But they are also concerned about So there was an intense set of hear- tion of its extension with what oc- the budget, about the trade bill, about ings in order to carry through on the curred on the Iran-Contra hearings health care, and a whole host of issues that undertaking that had been made to fin- which took place in 1987, namely the we will have to address in this Chamber. ish up its work in a timely fashion and March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1559 avoid keeping the matter out of the These hearings have never been relat- House has received some 30 new requests 1988 Presidential election year—21 days ed to the work of the independent from the Chairman. This letter summarizes of hearings with only three open days counsel because the independent coun- the status of our response to those requests. during that period so it could complete sel is on a separate track. As we saw in We have provided responses to every re- quest with the exception of two new requests its hearing work within the timeframe Iran-Contra, those hearings ended in for e-mail made by the Chairman in Feb- set forth in the resolution which estab- the latter part of 1987, but the inde- ruary after we reached what we had under- lished it; 21 days of hearings. pendent counsel continued his work. Of stood was the Committee’s finalized e-mail Contrast that—the undertaking made course the work of the current inde- request memorialized in my letter to the by the Democratic Congress then deal- pendent counsel, Kenneth Starr, will Committee on January 23, 1996. One of these ing with a Republican administration go forward. He was given broad author- additional e-mail requests relates to the dis- to honor the effort to keep it out of the ity by a special panel of Federal judges covery of copies of Rose Law Firm billing election year and out of the political to investigate Whitewater. He has a records which were provided to the commit- staff that eclipses anything that is tee on January 5, 1996, 2 weeks before the context and not to have it turn into a Committee staff finalized its e-mail request. partisan endeavor. Contrast this hear- available to any other inquiry that is The other outstanding e-mail request re- ing schedule—21 days of hearings in a now going on—we understand 30 attor- lates to the period January 3 through Janu- 1-month period—with a hearing sched- neys and over 100 FBI and IRS agents; ary 12, 1994. This request was first made on ule that has been pursued by this com- and the Independent Counsel Reauthor- February 16, 1996, but without the necessary mittee over the last 2 months. There ization Act sets no cap on the cost of detail to conduct the retrieval process. The were only 8 days of hearings in Feb- his investigation, which has been over detail was later provided by staff orally. ruary, and only 7 days of hearings in $25 million thus far. As you are aware, the Executive Office of the President already has incurred over January for a total of 15; 15 days over So, in fact, many have raised the point: Let the independent counsel do $138,000 in out-of-pocket costs for the e-mail 2 months when Iran-Contra had 21 days described in my January 23, 1996, letter. Al- in a month and finished up its work to the inquiry, on the premise that that is though we retrieved and reviewed 10 boxes of honor the undertaking not to project it a less political arena than hearings e-mails, this effort produced nothing of use into a political year. conducted here in the Congress, par- to the committee’s inquiry. Nonetheless, we My own view is that the committee ticularly hearings that go into the are undertaking to respond to the new re- could and should have finished its work election year itself, so you have politi- quests and hope to provide you with the re- by the 29th of February as it was cians looking at politicians in a politi- sults shortly. charged to do by the resolution that cal year, and that is almost certain to Those are additional requests that was adopted by this body last May. I guarantee a political endeavor. were made. The original e-mail re- think that was well within the ability Now, in addition, it is important to quests—well, the original request was of the committee. It did not happen. realize that the RTC-commissioned re- so broad that no one really reasonably We are now confronted with a situation port, the comprehensive report by an could be expected to respond to it, and independent law firm, Pillsbury, Madi- in which Chairman D’AMATO and his after extended discussions, we were colleagues seek an unlimited extension son & Sutro, headed by a former Re- able to reach an agreement to focus of the work of the committee. publican U.S. attorney, Jay Stephens, those e-mail requests and to narrow Senator DASCHLE indicated on the 23d that report has now been made public. them down, and they now have all been of January that he thought the com- It cost almost $4 million. And the con- provided. mittee could complete its work by Feb- clusion transmitted to the RTC was In addition, the White House under- ruary 29. Now he has prepared and has that they found no basis on which the took to verify that all documents pro- offered an alternative in an effort to RTC should bring any actions, civil ac- vided to the counsel’s office by White accommodate providing some addi- tions, with respect to the various mat- House staff beginning in March 1994 tional time and funding for the com- ters which they investigated. had been reviewed and produced to the That represents a very thorough and mittee to carry on its work. committee as responsive. They also un- In other words, we felt the commit- comprehensive review. dertook to verify that all relevant Let me turn for a moment to the ar- tee should have finished by February White House files of certain former gument about requiring an open-ended 29. They did not follow a schedule in White House officials that may contain extension in order to get more mate- order to do that. The question is, what responsive material had been reviewed. rial. It is my understanding that the now? Senator DASCHLE, in an effort to So they undertook to go back and White House has now provided all ma- accommodate, proposed providing addi- scrub down the files as a consequence terial requested with the exception of of a couple of these late-arriving re- tional weeks of hearings, until April 3 those further requests made to it by quests. to complete a hearing schedule, until the special committee over the last 2 As a consequence of that work, some May 10 to complete a final report, and or 3 weeks. funding to carry out this work of A great to-do is made about material additional material—not much—has $185,000 as contrasted with the $600,000 that has been provided 2 weeks ago, a been provided to the committee. Most that Chairman D’AMATO is seeking for month ago, in early January. But the of them are copies or duplicates of an indefinite extension of the work of important thing to remember is that matters that had previously been pro- the committee. In other words, an ex- that material was provided; so it was duced to the committee. tension that can go throughout 1996 made available to the committee. Peo- But that material has also now been and obviously right into the Presi- ple raise a lot of commotion about the received by the committee. So the dential campaign—an extension which, fact that Mr. Gearan’s notes were not committee now has all of this material in my judgment, by prolonging the in- provided earlier on. Well, they were in hand, which seems to me argues vestigation well into a Presidential provided. He has an explanation as to very strongly for an approach as the election year, will contribute to a pub- why they were not provided earlier on. one contained in that put forth by the lic perception that the investigation is In any event, the committee got them, minority leader, by Senator DASCHLE, being conducted for political purposes. reviewed them, and held a hearing with which would provide the committee an It needs to be understood, of course, Mr. Gearan, an all-day hearing, in extension of 5 weeks from the termi- that the independent counsel’s inquiry which we went over those notes. The nation date in order to complete its in- will continue. The independent counsel same thing is true of the notes with re- quiry, some additional time in order to operates under, in effect, his own stat- spect to Mr. Ickes. do its report, and would really serve to ute. He has unlimited funding. So that On March 6, today, Jane Sherburne, keep this matter out of the election inquiry will go on as long as the inde- the special counsel to the President, year. pendent counsel deems that it should sent a letter to Chairman D’AMATO and There has been no counterresponse to go on. Judge Walsh, as we know, went to me as the ranking member in which that proposal of the distinguished mi- on many, many years with respect to she states the following, and I am nority leader, Senator DASCHLE. I Iran-Contra and, in fact, continued his quoting the letter: mean, the original proposition put for- work after the hearings were con- Since the issuance of the Special Commit- ward by Chairman D’AMATO was an in- cluded. tee subpoena on October 30, 1995, the White definite extension and $600,000. Senator S 1560 CONGRESSIONAL RECORD — SENATE March 6, 1996

DASCHLE and his colleagues on this side The only question at issue before us I do not feel the necessity of covering of the aisle indicated that that was un- is, how much time do we need? To me, it one more time. But the Times con- acceptable because it would really po- the answer to that is very simple—as cludes: liticize this inquiry even further in an much time as it takes to get the facts. Perhaps the files will also show that there election year and guarantee that it It is not that complicated. I know my was no coverup associated with moving and would turn into a partisan political en- colleague from Florida spoke for 45 storing these files. deavor. minutes, close to an hour. My col- And this sentence—I love it, because The Democrats did not seek to do league from Maryland has spoken for it summarizes what we are talking that with Iran-Contra in 1987, and I am the same period of time. about. frank to say I do not think the Repub- To me, the issue is very simple—how Inanimate objects do not move themselves. licans should seek to do that with much time will it take to get the facts? It is pointless to ask Senators and the inde- Whitewater in 1996. Not how much time has elapsed or how pendent prosecutors to fold their inquiry on The leader, faced with this proposal many witnesses we have heard or how the basis of the facts that have emerged so for an unlimited extension, offered many documents have been furnished far. To do so would be a dereliction of their what I think was a very reasonable or how much time was taken in an- duties. proposal. That is for an extension until other controversy that took place I love the way this is written. The the 3d of April for hearings and until years ago. How much time do we need ‘‘migrating files,’’ ‘‘inanimate objects the 10th of May for the report. That to get the facts? do not move themselves.’’ has not elicited any response from my In an effort to try to come to that Another newspaper, USA Today, of- colleagues on the other side other than point, Mr. President, I turn to the fered these comments in an editorial. simply to press forward with their press. I will quote briefly from three It leads off with this statement: original proposal, which was for an in- editorials. They have been quoted ex- This week author Hillary Rodham Clinton definite extension and an additional tensively before. They have been put in was supposed to inform the nation about the $600,000. the RECORD. So I will simply summa- truths kids can tell us. Instead, the nation is As we have indicated, Mr. President, rize some of them on the point that I confronted with questions about whether the we do not think that is necessary or re- have tried to make. First Lady is telling the whole truth about quired. We believe an indefinite pro- The Washington Post on the 25th of her role in two scandals, Whitewater and posal would make this inquiry simply a February, after examining many of the Travelgate, and whether she and her husband partisan political endeavor. We note can stop acting like children when asked outstanding issues says this in conclu- about it. that while the original resolution was sion: passed by a very overwhelming biparti- It then goes on to list a series of Who knows where this all will lead? The questions. Again, they have been san vote of 96 to 3, the proposal for an committee clearly needs time to sift through unlimited extension is moving along these late-arriving papers as well as inter- talked about at great length here on simply on the basis of a straight party view witnesses now unavailable because they the floor. I see no point in asking them vote. are key figures in the Whitewater-related again just for the sake of asking them. We do not believe that is the way trials. So like it or not, the Senate commit- But I like the conclusion, again, out this matter should be handled. I urge tee is unlikely to go off into the sunset at of this editorial, after renewing all of my colleagues on the other side to look month’s end when its mandate expires. Clin- these questions. It says: ton officials have done their share to extend again at the proposal put forth by the Mrs. Clinton and the President have raised the committee’s life. minority leader, which I think rep- these questions, not Republicans. That summarizes it for me, Mr. resents a very reasonable proposition. I would like to repeat that for em- President. Why do we need more time? I yield the floor. phasis, Mr. President: Mr. BENNETT addressed the Chair. Because Clinton officials have not been The PRESIDING OFFICER. The Sen- as forthcoming as they should have Mrs. Clinton and the President have raised been. The committee clearly needs these questions, not Republicans. They’ve ator from Utah. created the impression they may be covering Mr. BENNETT. Mr. President, I have time for two reasons. One, to sift something up by being less than thorough in several observations and reactions to through these late-arriving papers. responding to legitimate demands for infor- the statement by the Senator from Why are they late arriving? Again, ask mation. This is not the first time Mrs. Clin- Maryland, who has done his usual thor- President Clinton and his staff. The ton has run into such a problem. She never ough job of examining a whole series of committee has been asking for them fully explained profits from the 1970’s com- issues. But if I may, Mr. President, for months. One, to sift through these modities trades. Concerns linger that the without being disrespectful of my col- late-arriving papers, and, two, inter- profits came from wealthy friends seeking league, I would like to say that those view witnesses who are now unavail- political favors. issues are not particularly significant able because they are key figures in And then the conclusion, with which or relevant to what we are talking the Whitewater-related trials. Very I heartily agree: about here. I was not in the Senate straightforward. All right. Rather than pointing fingers at the inves- when the Senate discussed Iran-Contra The New York Times, making com- tigators, the Clintons need to offer some or the October Surprise or Watergate ment in the aftermath of the Iowa and apologies, plus the whole truth of what went or any of the other hearings that he New Hampshire primaries says: on with Madison, Whitewater and the travel office. Nothing less will do. has discussed in such detail. The excitement of Iowa, New Hampshire The issue before us is not whether or has diverted attention from the Senate That is the end of that editorial. not those hearings were conducted well Whitewater committee and its investigation So, Mr. President, I could go on for a or badly, whether they were conducted into the Rose Law Firm’s migrating files. significant period of time and review in a speedy and expeditious manner or I think that is an interesting phrase, what we found out in the committee, whether they were dragged out. The the law firm’s ‘‘migrating files.’’ rehearse the various things that were issue is whether or not this committee Naturally this pleases the White House— said, comment once again on the incon- deserves more time to do its work. For Referring to the lack of focus on sistencies and all of the rest of that. I that reason, I will not really debate this— do not see that it serves much purpose. with the Senator from Maryland any- Naturally this pleases the White House and The issue is very clear: How much thing regarding Iran-Contra or October its allies, who hope to use the interregnum more time does the committee need? Surprise or any other such issue. to let their ‘so what’ arguments take root. I believe that the offer made by the The committee clearly needs more David Kendall, the Clinton’s private attor- Democratic leader is for an insufficient time to conclude its work. That is a ney, says the curious paper trail is just one amount of time. The argument is made given. The proposal offered to the Sen- of the meaningless mysteries of Whitewater. that the request made by the chairman ate by the distinguished Democratic Then the Times says: of the committee for no firm date is leader very specifically demonstrates a There are mysteries here, but they are not too much time. I hope both sides can recognition of the fact that the com- meaningless. sit down and say somewhere between mittee needs more time. So I do not Then it goes on again through that the offer made by the Democratic lead- think that question is at issue. which has been covered so many times. er and the request for an open-ended March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1561 inquiry made by the chairman, we can Mr. BENNETT. I have to leave the Thursday, the Democrats, though in the find a date that can satisfy the two re- floor, and I thank my colleague from minority, managed to use parliamentary de- quirements, which are sufficient time Maryland for his courtesy. I simply vices to block the indefinite extension that to sift through the late-arriving docu- say, Mr. President, that subsequent D’Amato asked for. They’re willing, they said, to accept a five-week extension to wrap ments and enough time for us to hear editorial that the Senator from Mary- up the hearings, then another six weeks to from the witnesses who are currently land quoted is in exactly the vein of allow the committee to write a report. That, unavailable. what I am talking about, that I find said D’Amato, sends ‘‘the unmistakable mes- To me, it is not that hard to figure the Democratic leader’s proposal to be sage that (the Democrats) want to prevent out. I hope that we can arrive at that too short a leash, but this Senator the American people from learning the full point instead of tying up the Senate in would not object if we met the two ob- facts about Whitewater.’’ endless rehashing of issues that, as I jectives called for of enough time to In fact, it ought to be plenty. Even if every say, in my view, are not relevant. sift through the late-arriving papers charge were true, the political cronyism and favoritism allegedly bestowed in connection I go back to the New York Times for and the ability to interview witnesses with the Whitewater development while Bill the final summary of that when the who are currently unavailable. My only Clinton was governor of Arkansas—and so New York Times said editorially, for objection to the proposal made by the far only alleged—would be of no interest to the Democrats to filibuster this re- Democratic leader is that it does not any congressional committee were it not for quest will look like silly stonewalling. provide for meeting those two. the fact that Clinton is present. Similar she- Mr. President, I suggest the absence So I say to the Senator from Mary- nanigans—and worse—occur routinely in of a quorum. land, Mr. President, that this Senator state after state. Why isn’t D’Amato inves- Mr. SARBANES addressed the Chair. would be willing to have some kind of tigating Lamar Alexander, who benefited Mr. BENNETT. I withdraw the re- richly from business cronies during his days agreement along the lines that he is as governor of Tennessee and as president of quest. now talking about. My objection is to its state university? The PRESIDING OFFICER. The Sen- the cutoff date in the proposal made by There may well have been attempts in the ator from Maryland. the Democratic leader which I think is Clinton White House to cover up the dealings Mr. SARBANES. Mr. President, I al- too short a leash. among the Clinton, the Whitewater develop- ways enjoy the opportunity for an ex- Mr. SARBANES. Mr. President, let ment company and the failed Arkansas sav- change with my distinguished col- me point out that there are other edi- ings and loan that helped to bankroll it. league from Utah. I listened carefully torial comments around the country There was certainly a great deal of as he quoted from the Washington Post which actually think this should end stonewalling and evasive behavior. But Ken- editorial headed ‘‘Extend the neth Starr, the special prosecutor, has been right now, period. sparing no effort to investigate both that Whitewater Committee.’’ The Post The Sacramento Bee on March 2 had and related matters. What is it that then, in a subsequent editorial headed an editorial, ‘‘Enough of Whitewater.’’ D’Amato can credibly establish that Starr ‘‘Extend, But With Limits,’’ said: Let me quote a couple of paragraphs: can’t. . . . but the Senate should require the Senator Alfonse D’Amato, the chairman of Mr. SARBANES. Mr. President, fi- committee to complete its work and produce the Senate Whitewater committee and chair- nally an editorial in the Atlanta Con- a final report by a fixed date. man of Senator Bob Dole’s Presidential cam- stitution which calls for bringing this paign in New York, wants to extend his hear- It then goes on to say, and this may, inquiry to an end. It goes on to point in effect, get into the area that the ings indefinitely, or at least one presumes until after the November elections. The com- out, ‘‘one, that a recent Resolution Senator was perhaps suggesting in his mittee’s authorization and funding ran out Trust Corporation investigation found comments because I listened very care- Thursday, and the Democrats, in part for re- no hint of impropriety by the Clintons fully and as I made the point myself, lated political reasons, want to shut the regarding their Whitewater involve- the proposal we had from the other side committee hearings down. In this case, the ment.’’ was an unlimited extension. Democrats have the best of the argument by It goes on to say: a country mile. With every passing day, the Mr. BENNETT. Yes. The first couple is still under investigation Mr. SARBANES. The distinguished hearings have looked more like a fishing ex- pedition in the Dead Sea. by Independent Counsel, Kenneth Starr, a Democratic leader said, ‘‘Well, we can’t former Reagan Justice Department official, agree to an unlimited extension, but I ask unanimous consent that the en- who can be expected to scrutinize the Clin- we are prepared to offer carrying it for- tire text of that editorial be printed in ton’s legal and business affairs rigorously. ward.’’ We have heard nothing back the RECORD. Any additional sleuthing by Senator with respect to that. So that is the There being no objection, the edi- D’Amato would be a waste of taxpayers’ play on this issue. torial was ordered to be printed in the money. This editorial said: RECORD, as follows: I ask unanimous consent that that Democrats want to keep the committee on [From the Sacramento Bee, Mar. 2, 1996] editorial be printed in the RECORD as a short leash by extending hearings to April ENOUGH OF WHITEWATER well. 3rd with a final report to follow by May 10th. Sen. Alfonse D’Amato, the chairman of the There being no objection, the edi- A limited extension makes sense, but an un- Senate Whitewater Committee and chairman torial was ordered to be printed in the reasonably short deadline does not. Five of Sen. Bob Dole’s presidential campaign in RECORD, as follows: weeks may not be enough time for the com- New York, wants to extend his hearings in- [From the Atlanta Constitution, Feb. 15, mittee to do a credible job. Instead, the Sen- definitely—or least, one presumes, until 1996] ate should give the committee more running after the November elections. The commit- room, but aim for ending the entire proceed- tee’s authorization and funding ran out TAKE D’AMATO OFF CLINTONS’ CASE ing before summer when the campaign sea- Thursday and the Democrats, in part for re- The Senate’s Watergate hearings of 1973–74 son really heats up. That would argue for lated political reasons, want to shut the were momentous, delving into White House permitting the probe to continue through committee hearing down. abuses of power and leading to the resigna- April or early May. In this case, the Democrats have the best tion of a disgraced president and the impris- And, of course, we had suggested of the argument by a country mile. With onment of many of his aides. They lasted 279 days. April 3. every passing day, the hearings have looked more like a fishing expedition in the Dead Next week, Sen. Alfonse D’Amato (R-N.Y.) I know the Senator has quoted some Sea. and his fellow Whitewater investigators will editorials that say go on with this Given the fact that D’Amato’s mighty and surpass that mark (today is the 275th day), thing. There are other editorials, of costly labors have so far caught little but and they have nothing anywhere near con- course, which take just the opposite crabs; that there is a special prosecutor clusive to show for their labors. To put mat- point of view. going over the same ground; that there have ters in context, all they have to ponder is a Mr. BENNETT. Mr. President, may I already been nearly 20 months of Senate fairly obscure 1980s real estate and banking respond to that very quickly? hearings, first under the Democrats, then scandal in Arkansas. The PRESIDING OFFICER. The Sen- under the Republicans; that a couple of With a Feb. 29 expiration date for his spe- House committees have held their own hear- cial panel staring him in the face, D’Amato ator from Maryland has the floor. Does ings; and that an armada of journalists has has the effrontery to ask the Senate for the Senator yield? covered the ground for more than three more time and money to continue drilling Mr. SARBANES. I certainly yield to years, you’d think that whatever Whitewater dry investigative holes. Specifically, he my colleague. is had been covered to death. wants open-ended authority and another S 1562 CONGRESSIONAL RECORD — SENATE March 6, 1996 $600,000. That’s on top of the $950,000 his com- committee should sum up its findings, pub- documents are many months old. Failure to mittee has spent so far, plus $400,000 that was lish them for all to see, and go on to some- provide them quickly warranted legal ac- devoted to a Senate Banking Committee in- thing else. The committee has done its work, tion. The statute of limitations for filing quiry into Whitewater in 1994. sometimes more than once. suits against Madison lawyers lapsed just The partisan motives behind D’Amato’s re- Still, D’Amato and company haven’t had days before the bills were produced. How quest couldn’t be more obvious. Here he is, a enough. The New York senator wants his could the White House have missed them? chief political strategist for the leading Re- mandate, which has already eaten up $1 mil- Mrs. Clinton and the President have raised publican contender for the presidency, Bob lion of your money, extended indefinitely. questions, not Republicans. They have cre- Dole, seeking to legitimize the committee’s He has asked for another $600,000. ated the impression they may be covering up hectoring of President and Mrs. Clinton well Republicans charge that it has been the something by being less than thorough in re- into the campaign season. White House’s desultory compliance with the sponding to legitimate demands for informa- If the panel could demonstrate a glimmer committee’s requests that has slowed its tion. This is not the first time Mrs. Clinton of a hot new lead connecting the Clintons to work, necessitating the extension of this ex- has run into such a problem. She never fully the Arkansas scams, D’Amato’s appeal for an pensive and fruitless exercise. But that argu- explained profits from a 1970 commodity extension might have merit. Invariably, ment is becoming tedious. trade— though, the committee’s supposed revela- The committee has already subpoenaed ev- erybody and every document in sight. The And they are being kind to her when tions have evaporated for want of substance. they say ‘‘never fully explained.’’ She Witnesses who testified in the past are being committee’s thoroughness is not in question. summoned back, often to go over familiar The committee’s excesses are. They have never even slightly explained. ground. Chelsea Clinton’s former nanny had begun to eat into its credibility. Concerns linger that the profits came from Senator D’Amato tries to explain away his to appear again this week, for heaven’s sake. wealthy friends seeking political favors. obvious conflict of interest by making the This is not to let the Clintons off the hook. There has never been any explanation of laughable argument that his role as New They might have allayed suspicions about that. Rather than pointing fingers at the in- York chairman of the Bob Dole campaign themselves long ago if they had promptly vestigators, the Clintons need to offer some has no connection to his use of the Senate produced documentation of their Arkansas apologies, plus the whole truth about what committee. Here’s what’s happending. business and legal dealings. But lawyerly went on with Madison, Whitewater, and the D’Amato is carrying on Dole’s campaign in reticence, however politically unwise, by no travel office. Nothing less will do. the Senate with repetitious hearings that means indicates guilt. Remember that a re- highlight testimony from the White House Now, that is from USA Today, Janu- cent Resolution Trust Corp. investigation staff, then outside the Senate chambers with ary 10, 1996. found no hint of impropriety by the Clintons press conferences. Covering Whitewater once Mr. President, we have been through regarding their Whitewater involvement. in 1995 was a legitimate Senate inquiry. Re- this charade with the administration The first couple is still under investigation hashing it in 1996, an election year, is ex- by independent counsel Kenneth Starr, a for more than 2 years now. It is time ploiting the forum to damage the president. former Reagan Justice Department official that it ends, and the length and What began as only a partly political exer- amount of time that we have expended who can be expected to scrutinize the Clin- cise has over the months become blatantly tons’ legal and business affairs rigorously. that, thanks to D’Amato and his North Caro- in these investigations is brought on Any additional sleuthing by D’Amato would lina ally, Sen. Lauch Faircloth. not by the Republicans on the commit- be a waste of taxpayers’ money. The committee had good reason to look tee, but by the delay of the White Mr. SARBANES. Mr. President, the into the Clintons’ role in the Madison Guar- House in providing subpoenaed infor- Greensboro, NC, News and Record had anty Savings & Loan mess and related mat- mation. That is simply the reason we an editorial headed ‘‘Whitewater Hear- ters. But the panel majority, and especially are here today asking to extend the ing Needs To Wind Down.’’ Let me just the chairman, have turned a search for the length of the resolution. truth into a partisan vendetta against the Mr. President, the central issue in quote a couple of paragraphs from that: Clintons. Not even a casual observer of these A legitimate probe is becoming a partisan proceedings could miss the contempt that this debate is this: Will the U.S. Sen- sledgehammer. the committee chairman has for the presi- ate, for the first time in my memory, Let me repeat that: dent and his wife. Allowing these hearings to take the affirmative step of refusing to A legitimate probe is becoming a partisan go on indefinitely would be giving investigate a scandal of public corrup- sledgehammer. The Senate Whitewater hear- D’Amato—and by extension the legislative tion? That is very simply what we are ings, led since last July by Senator Al branch—a license to harass the executive. talking about doing with the filibuster D’Amato (R–NY), have served their purpose. There’s no reason to let the Clintons off here today—it is that the Senate is the hook. An independent counsel is plowing It’s time to wrap this thing up before the saying, ‘‘We are not going to inves- election season. the same ground—including the serious alle- gations that the White House may have at- tigate these people. We do not want to Then they end that editorial with tempted to obstruct justice and that Clinton get into it.’’ this comment: exercised undue influence over savings and The length of the investigation is ir- Let the GOP use the fruits of D’Amato’s la- loan regulators while governor of Arkansas. relevant. As I said, the delays have bors as they will in the coming campaign, There is no need for taxpayers to pay for this come about not by the investigating but don’t let the opposition party run a work twice and then again, particularly not committee, but by the White House it- smear campaign at public expense. when the Senate committee has so obviously self. It has been nothing more than an I ask unanimous consent that that become an arm of the Republican campaign attempt to wear it out, to use it up, to to unseat the President. editorial be printed in the RECORD. Let the GOP use the fruits of D’Amato’s exhaust the people, to exhaust the There being no objection, the edi- labor as it will in the coming campaign. But money, to hope it would go away, and torial was ordered to be printed in the don’t let the opposition party run its smear the length and time set for the inves- RECORD, as follows: campaign at public expense. tigation would lapse. WHITEWATER HEARING NEEDS TO WIND DOWN Mr. SARBANES. Mr. President, I Just a few weeks ago, we received A legitimate probe is becoming a partisan yield the floor. key documents from Mark Gearan. We sledgehammer. Mr. FAIRCLOTH. Mr. President, it received new documents from Harold The Senate Whitewater hearings led since would appear that we are going into Ickes, the White House Deputy Chief of last July by Sen. Al D’Amato, R–N.Y., have not a debate on the issues here, but a Staff. And even just this week, still served their purpose. It’s time to wrap this debate on who can find the best edi- documents are coming in from White thing up before the election season. The committee has documented the Clin- torials. I say to the Senator from House lawyers. If the legal staff and ton’s various relationships with a bankrupt Maryland that he read from the the White House do not know where Arkansas savings and loan and related enter- Greensboro, NC, News and Record. I their notes and papers are, maybe that prises. It has developed evidence of a damage have found, over the few years that I explains some of the confusion we see control campaign run from the White House. have been in the Senate, when I get an coming out of the White House. What And it has revealed a mean and petty episode unfavorable editorial in the News and do they know if they do not know involving the White House travel office. The Record, I finally did something right. where their notes and papers are? portrait of Arkansas politics curing the ’80s But since we are going into the edi- Last December, on the Senate floor, is not a pretty one. we voted for a resolution to subpoena All of this—including the mysterious, be- torials, I will read one from USA lated appearance in the White House of docu- Today. I am quoting from the last four William Kennedy’s notes from a No- ments that had been subpoenaed by the com- paragraphs: vember 5, 1993, meeting concerning mittee months earler—will surely be politi- Why did it take so long to find the papers? Whitewater. The full Senate voted a cally damaging to the Clintons. D’Amato’s Subpoenas for Travelgate and Whitewater subpoena. And last Friday, Bruce March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1563 Lindsey admitted that he, too, had partners in a real estate deal. He in- kansas savings and loan regulators be- notes from this meeting. Last Friday. creased his loans to insiders. When he cause of Jim McDougal’s close ties to That is 2 years and 3 or 4 months. He took it, the insider loans were $500,000. President Clinton. Essentially, the brought those notes forward for one Four years later, he had increased his question is this: Did the losses to the reason, which is that he believes this loans to insiders, which were Bill and taxpayers increase because Jim investigation is going to go on and he Hillary Clinton, the President and McDougal pressed his case with State has a fear of obstructing justice. Can First Lady, to $17 million. Whitewater regulators, which President Clinton, you imagine someone of that rank at was one of the ventures that caused then Governor Clinton, Bill Clinton, the White House telling the committee Madison to fail. had appointed? that he did not take notes and then Furthermore, the claims that the The notes from Gearan’s meeting, find them after the deadline has ex- Clintons lost money is false. They from the meeting he was in, suggested pired? We are asked to believe that. never had any of their money at risk. the White House wanted to send some- Furthermore, the accidental discovery You cannot lose money you did not body down to Little Rock to get the of documents always seems to occur on have. It was a sweetheart deal for the story straight with Beverly Bassett Friday afternoon after the news dead- new Governor, tracking and congruent Schaffer, the State savings and loan line. This is when Bruce Lindsey with the commodity trade in which regulator. Get the story straight. The turned over his documents. This is Hillary Clinton earned $100,000. Do you folks we were talking about, if we send when the First Lady’s billing records know how she earned $100,000 in the them—and I do not remember the ini- were released. I do not think a commit- most speculative business in the world? tials—but if we send CP, HL, and CB, it tee of the U.S. Senate should be treat- She read the Wall Street Journal. After will come out. We cannot send them. ed with the disrespect the White House she earned $100,000, without expla- Maybe we could get somebody from has shown this committee. nation, in this brilliant, brilliant trade, New York to go. They probably would The cost of the investigation is not worked by a commodity broker named not be recognized very quickly in Lit- small, but I have asked, ‘‘Can we put a Red Bone who was investigated for ev- tle Rock. Maybe we can get somebody price on the integrity of the White erything, she quit. No more commodity from here or there to go. If we send our House?’’ Mr. President, it is worth dis- trades. If she possessed the skill to people, they will be recognized; it will cussing how we arrived at this point? It turn $1,000 into $100,000 in that length get out. is worth reviewing how Whitewater be- of time by being First Lady, she is Well, if it were an honest, clean trip, came a congressional issue, because it wasting the most valuable and poten- what was there to get out? Why not go tells us something about the failure of tial money-making asset this Nation down and talk to Ms. Schaffer and say, the savings and loan industry and also has ever known. ‘‘Here is what we are here for. Tell us tells us a lot about the ethics of Bill The Pillsbury report that has been the truth.’’ That was not the purpose of and Hillary Clinton? referred to many times by Senators in the trip. The purpose of the trip was to In February 1989, Madison Guaranty the minority showed that the tax- get the story to match. Savings Loan failed. The failure cost payers of this country lost far more Had the American public been given American taxpayers an estimated $60 money on Whitewater than the Clin- the real picture in the wake of the sav- million at that time. I see figures tons. To me, that alone is a scandal. ings and loan crisis, I think they would today that it is over $70 million. But, Furthermore, there are reports in to- have reacted very differently to the in- whatever, it was a lot of taxpayer dol- day’s Washington Post that Mrs. Clin- side quid pro quo way of doing business lars. In fact, the entire savings and ton herself was much more involved in in Arkansas and Little Rock, particu- loan crisis cost the American tax- Whitewater than we believed, that she larly since the American taxpayers payers $150 billion—an unbelievably was fully aware that the McDougals paid for the lax regulations. We will be staggering amount of money. The had put more money into the deal than paying for this into the whole next cen- Banking Committee has every right— the Clintons did. Again, we have two tury. and, in fact, a duty—to review the Yale-educated attorneys that today Mr. President, Whitewater extends cause of the crisis. Is there any ques- tell us they were oblivious to the whole even farther than Madison Guaranty. tion that the American people, who are affair, that they did not understand it. It involves a small business investment paying this bill—they are paying the It is almost beyond the concept of most corporation called Capital Manage- $60 or $70 million Madison lost, and of us on the committee to see two of ment Services. This company was run they and their children and grand- the ‘‘smartest lawyers’’—said her press by a man named David Hale. It, too, children are going to pay the $150 bil- people or somebody; we were clearly served as a personal bank for the po- lion, and they have a right to know often told Mrs. Clinton was one of the litically connected in Arkansas. Its where the money went and how it hap- 100 smartest lawyers in the Nation, and purpose was to make loans to the dis- pened. he certainly was at Oxford—could not advantaged, but that turned out to be While Madison was a small institu- buy 300 acres of cheap Arkansas land the rule-making politicians of Little tion, its failure was one of the worst in without a national scandal. The two Rock. Regrettably, the American tax- the Nation. When it failed, the cost to smartest lawyers in the country could payers paid over $3 million for the fail- the taxpayers was 50 percent of the as- not buy 300 acres of cheap Arkansas ure of Capital Management. sets of the institution—50 percent. land without creating a national scan- Mr. President, it is a fact that Cap- In Arkansas, 80 percent of the State- dal. ital Management made a $300,000 loan chartered S&L’s failed while Bill Clin- Why? Because it was not a clean to Whitewater. Now, inside the beltway ton was Governor. Jim McDougal took legal deal. That is why you could not of Washington and in the vernacular of over Madison from 1982 to 1986. In 4 buy it without a scandal. Madison the Congress, $300,000 would not even short years, the assets grew from $6 Guaranty was a high-flier savings and be a blip on the screen. To the average million to $123 million. Now, if we will loan. It has been called the personal American, $300,000 is an enormous back up and look at what assets mean, piggy bank for the political elite in Ar- amount of money. that means he borrowed $117 million kansas. I called it a calabash or a pot Now, Capital Management made a more in a period of 4 years. He bor- of money that the politicians were dip- $300,000 loan to Whitewater. That is far rowed $117 million that wound up being ping in and taking out. I do not often more than anybody had put into it in guaranteed by the taxpayers of this agree with the editorial pages of the real money. We have strong evidence country. In 4 years, he borrowed $117 New York Times, but they have called that President Clinton asked this loan million that the taxpayers of this the Whitewater hearings a stew of eva- be made. I think time will tell that country wound up paying off for him. sion and memory lapses. They do not David Hale is telling the truth when he Part of that money, a good bit of it, often get it correct, but they did that says that Bill Clinton pressured him to went to Whitewater Development. time. make this loan to help benefit He increased his loans to insiders. Mr. President, the central issue in Whitewater. If it is not true that Bill That is what Bill and Hillary certainly Whitewater has been whether Madison Clinton pressured David Hale to make would have been, since they were his received favorable treatment from Ar- this loan, then we need to—and I hope S 1564 CONGRESSIONAL RECORD — SENATE March 6, 1996 the Democrats would be pushing to ex- think gives credence to the notion that tigating committee, they were subpoe- tend these hearings so we can bring files were indeed removed on the night naed by an independent counsel, and David Hale to the hearings and let him of Mr. Foster’s death. First, two files whoever knew where they were should clear Bill Clinton’s name. relating to the Madison Guaranty were have brought them forward regardless If it is true, if it is true that the sent back to the Rose Law Firm by of what they said. They were subpoe- President, now President Clinton, pres- David Kendall. They had to have come naed papers. sured him, then that needs to be out of Vince Foster’s office. Yet these But the significance—another signifi- brought to the light and let the public files were never part of the box that cance is the work on the Castle Grande see it. Maggie Williams said she took from project is important. That was the one Here again, the American taxpayers Foster’s office 2 days after his death. project that RTC said: There may be have paid to subsidize President and These documents were reviewed and legal liability for the Rose Law Firm. Mrs. Clinton’s failed real estate ven- cataloged by Bob Barnett, the Clin- Is it any wonder that they stayed hid- ture in Arkansas. Again, our ton’s other attorney. The two Madison den until after the statute of limita- Whitewater hearings have uncovered files never appeared there. tion had expired? that the White House was aware of the Mr. President, what we have seen is The First Lady had over 14 calls with Hale investigation from the very begin- massive inconsistency and confusion. Seth Ward, according to her billing ning. They had testimony from a ca- It has gone on and on and on. The records. Seth Ward was the Castle reer SBA official that the SBA briefed truth, as I use a poor simile, is that Grande man. This was a known sham Mike McLarty in May 1993, about the getting information out of the White deal identified by the RTC as a sham SBA investigation of David Hale. They House was akin to eating ice cream deal. Is it reasonable to think that one briefed McLarty about the SBA inves- with a knitting needle. And that is of the 100 smartest lawyers in the tigation of David Hale, the man who about what it has been, a little bit here country could have had 14 telephone said he was pressured by then-Governor and a little bit there. But never enough calls with a client doing a sham deal and now President Bill Clinton to to satisfy. and not suspect it or known it was make the loan. This is the way it has gone on since wrong? I think she knew well what she That is essentially what these hear- the beginning of the hearings and unbe- was doing. She had to know. That is ings are about, the loss of taxpayer lievable stories we have been asked to why the documents did not turn up. money in Madison, Whitewater, and believe. We can go back to the Maggie Castle Grande cost the American tax- Capital Management. We have never Williams/Susan Thomases flurry of payers $4 million. The RTC tried to col- had Mr. Hale as a witness. We need him telephone calls, and also to Mrs. Clin- lect some of the money. But Mrs. Clin- as a witness and we need to wait until ton’s explanation of them. ton had disguised work on this issue. the legal proceedings going on in Little Maggie Williams: I do not know why No wonder they were so concerned Rock are over and bring him as a wit- I went to the White House. I could not about the statute of limitations expir- ness. possibly have taken anything out. Yet ing in 1994 but extended until the end Mr. President, on another issue, she met a uniformed 18-year veteran of of 1995. This is what sparked the meet- Vince Foster’s death and the handling the Secret Service in a 5-foot hall, and ing that we saw in 1994. of his papers on the eve of his death neither of them are small people. He Mr. President, in conclusion, we still has raised the most questions with the had no reason to tell it wrong. She im- have key witnesses to call, witnesses committee. We know for a fact that the mediately calls Mrs. Clinton from her that know where the bodies are buried, First Lady spoke with her assistant, home phone when she gets back to her witnesses that will talk and can talk, Maggie Williams, before Maggie Wil- house, and she went directly back to but they are tied up in a trial in Little liams went to the White House and her house. There were many calls to Rock now. We need to get them here. Vince Foster’s office. In fact, she spoke Susan Thomases and Mrs. Clinton over Jim McDougal, Susan McDougal, and to her in almost record time that you a very short period of time. And the ex- David Hale. Can you imagine if we held could drive from Maggie Williams’ planation we have for these calls is this Iran-Contra hearings without Ollie house to get in Vince Foster’s office. one: They were commiserating with North or John Poindexter or Bud And we know by the telephone records each other. They were making sure ev- McFarland? What would the hearings when she left her home and we know by erybody was all right. They were show? Can you imagine if the Repub- the Secret Service records when the checking to see if the bereaved were licans wanted to end these hearings alarm went off in Vince Foster’s office comfortable. and had wanted to end them? The and she went in. And she did it in al- Mrs. Clinton herself said that these media would have crucified us. It would most record time. calls were commiserating and there not have happened. We asked her before the committee, was a lot of sobbing going on on those To conclude, here are some of the why did she go to the White House? calls that night. questions that need answers. These we And the explanation was a somewhat I find that extremely difficult to be- need answered before we conclude the vague, that she was out riding and had lieve, and if I am wrong I would be de- hearings. to be somewhere. Well, she was some- lighted to be corrected by the facts. Who placed Mrs. Clinton’s subpoe- where, in Vince Foster’s office. But we find no calls from Mrs. Clinton naed records in the White House book We know that they spoke later in the to Mrs. Foster or the children. The room? Nobody has given me any argu- evening, immediately upon Maggie telephone records have not indicated ment that the White House book room Williams’ return from the White House. those calls existed, and so far they and Mrs. Clinton’s private adjoining of- We know that she called, Mrs. Clinton have not been brought forward. I be- fice are the two most secure rooms in called her. She went to the White lieve the documents that Maggie Wil- the world. If they are not, they should House. We know she went to the White liams delivered that night are the now- be, because that is where the President House, she went to Vince Foster’s of- famous missing billing records. I fully spends his private time. fice, she went directly back home, and believe that Maggie Williams had them Were those records in Vince Foster’s she called the First Lady. That we in her arms that night. Certainly ev- office the night he died? If so, who re- know. erybody agrees that Vince Foster’s moved them? And where were they Then, in the morning, 1 a.m., Maggie handwriting was all over these billing stored for 2 years? Williams was talking to Susan records—in the original writing, not Clearly, the records did not walk out Thomases. We have the sworn testi- copies. The records were copies but his of Vince Foster’s office. They were mony of uniformed Secret Service Offi- handwriting was the original. It was all walked out, and whoever walked them cer Henry O’Neill, who saw Maggie Wil- over them. out knows where they carried them liams remove documents from Vince Many have said, Well, what is it in and where they were hidden for 2 years. Foster’s office on the night of his the billing records that is significant? Did White House officials lie to in- death. All of this is undisputed fact. There are two very important vestigators about what went on in the Within the last few weeks we have significances. One of them is that they hours and days after Vince Foster’s gathered more information that I were subpoenaed by a Senate inves- death? Did the White House response March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1565 team obstruct justice by attempting to Mr. FAIRCLOTH. I am very much claim, nor would the records support any control the scope of the investigation? aware, and we all are, that the statute claim of secondary derivative liability for Did the White House Whitewater re- of limitations was not applicable to the the possible misdeeds of others. sponse team obstruct justice by at- First Lady’s business. But as a member Page 78. ‘‘It is recommended’’—and tempting to tamper with a witness? of a Rose Law Firm, as the attorney in- this is very important, I say to my col- Did then-Governor Clinton pressure a volved, and as a billing attorney in- leagues—‘‘it is recommended that no local judge to make an illegal loan to volved in this—and she was the billing further resources be expended on the his business partner? These we can an- attorney on Castle Grande—she would Whitewater part of the investigation.’’ swer if we get the people here. certainly have a responsibility, maybe Now, this is an objective report, paid Why did the Clinton business partner not a personal financial responsibility, for by the taxpayers, done by the firm pay most of the Clintons’ share of but she very much would be involved in of Pillsbury, Madison & Sutro, a great Whitewater Development Corps. bills? the proceedings. law firm, including Jay Stephens, What motivated his generosity? Was Mrs. BOXER. If I might reclaim my known for his ties to Republicans, and the administration involved in any ac- time, I think my friend is not con- what do they say? tion which prevented, impeded, or ob- tradicting what I said. I will repeat It is recommended that no further re- structed the administration of justice? what I said. sources be expended on the Whitewater part of the investigation into Madison Guaranty. If so, who directed it, who carried it The statute of limitations had been out, and what was done? Why cannot extended until March 1, 1996, and it is So what are we doing in the Senate? the American people get the answers to wrong to suggest that the documents Ignoring this, ignoring this and moving these questions? were discovered because the statute of on with an investigation of a Senate If there is nothing to hide, which has limitations had expired. That is the select committee. I think we ought to been contended by the Democratic side only point I am making to my friend. I start listening to people who are objec- and the White House, why not bring think it is important we not stand up tive on this, who have no political ax forth the facts, bring forth the docu- here and say the statute had expired. to grind. As a matter of fact, people ments and stop letting them out little I am going to have to take back my thought in the beginning, when Pills- by little by little? Nothing would clear time and tell my friend he is going to bury, Madison & Sutro got that: My the name of the Clintons quicker than have to seek time on his own only be- God, this is going to be political. to bring forth all of the facts, bring the cause of a pressing appointment in my Well, it turned out that the Clintons people in from Little Rock, and con- office. I need to make this statement have been cleared. clude the hearings. and finish it, if I might. Now, I know that annoys a lot of my Would we be literally facing a fili- I am glad to yield to my friend, but Republican friends, and I feel sorry for buster if there were nothing to hide? If I hope he would have a question. them, that this is the biggest thing in there is not, let us end the filibuster, Mr. FAIRCLOTH. My question is in their lives, some of them. But I have to and let us get on with the investiga- answer to the statement. Mrs. Clin- tell you there are other things in the tion. ton’s attorney, Mr. Kendall, said it was lives of the American people that have Mr. President, I think it is time that a legal question whether it involved to be addressed by this Senate. And I we get on with the investigation. I the Rose Law Firm or Mrs. Clinton per- have to tell you, these attacks on the agree with the Democrats: We need to sonally. I yield the floor. First Lady of the United States, these bring it to a conclusion, but we need to Mrs. BOXER. I would just restate personal attacks, these personal at- complete our work before we bring it that whether it did or did not is not my tacks on the President of the United to conclusion. point. My point is a statement was States border, in my opinion, on being Mr. President, I see my colleague and made here that the statute had ex- unpatriotic. It is my personal opinion. friend from California is on the floor. pired, and the implication is that, if But that is up to each individual Sen- So at this time I will yield the floor. there was something wrong in the bill- ator. And clearly it is up to the people Mrs. BOXER addressed the Chair. ing records, the First Lady and the of the country to decide. The PRESIDING OFFICER. The Sen- Rose Law Firm would be off the hook. I have to say, listening to these at- ator from California. The statute did not expire. In fact, we tacks, when my colleague says he be- Mrs. BOXER. I thank my friend for know the billing records were turned lieves David Hale, well, that is his yielding the floor at this time. over, and actually underscored what right. This is a man who has already Mr. President, what I would like to the First Lady had said, that the time pleaded guilty to two felonies, as I un- do in the beginning of my remarks is to she put into that is minimum. derstand it. And not only that, but we correct the record on a couple of mat- That is the first point I want to cor- have word that the State is prosecut- ters that the Senator from North Caro- rect, Mr. President. ing him as well. And this is the individ- lina raised. First of all, the statute of Second, I want to quote from the ual that is quoted in this Chamber to limitations on the Castle Grande trans- Madison Guaranty Savings and Loan prove that our First Lady and our actions had not expired when the Rose and Whitewater Development Co. sup- President are not good human beings. Law Firm billing records were found in plemental report written by Pillsbury, Well, again, it is every Senator’s right the White House in early January 1996. Madison & Sutro. And we know part of to call it the way he sees it, but I think In fact, by a agreement between the that firm is Jay Stephens, who has the American people see right through RTC and the Rose Law Firm, the stat- strong ties to the Republican Party. this. And who are they going to be- ute of limitations had been extended This is what they found. I am going to lieve? A man who has already stated until March 1, 1996. state this and quote directly from the that he committed two felonies or So, Mr. President, we could have a report. Pillsbury, Madison & Sutro, which says disagreement on whether we ought to in their report: Let us spend no more There is no basis to assert that the Clin- continue these hearings, but let us not tons knew anything of substance about the time on this investigation. The Clin- get on the floor of the Senate and say McDougals’ advances to Whitewater, the tons are not guilty of anything. things that are not true. It is simply source of funds used to make those advances, Now, I supported every single vote wrong to suggest that the documents or the source of the funds used to make pay- here to move this investigation for- were discovered because the statute of ments on the bank debt. ward. I voted to set up the special com- limitations had expired when, in fact, That is on page 77. mittee. I voted to extend the special the statute of limitations had not ex- On page 78, quoting from an inves- committee. I had nothing but support pired. tigative report that cost about $3 mil- for those two resolutions. We reached Second, Mr. President, I think it is lion—excuse me, I stand corrected, $4 across party lines. We worked together. very important when colleagues stand million—page 78: We shaped resolutions that were not up and make comments that there be a There is no basis to charge the Clintons political. But I say it is time to step basis for those comments. with any kind of primary liability for fraud back and wind this thing down. I am happy to yield to my friend for or intentional misconduct. The investigation I have to tell you, the offer that we a question. has revealed no evidence to support any such Democrats have made is extremely S 1566 CONGRESSIONAL RECORD — SENATE March 6, 1996 generous in terms of the time and the sums of money. But we are going to So we are legislators, not prosecu- allocation of funds we have rec- play prosecutor. Maybe some of them tors. The Democratic alternative gives ommended. Let me prove that point. are jealous; they want to be prosecu- you more hours than you have already We have already heard from 121 wit- tors. Well, they ought to do that and expended on this matter. The only rea- nesses, some of them two and three not be Senators. That is fair. But do sonable conclusion I think the Amer- times, mind you. They are brought not turn this Senate into a group of ican people can draw is that that is not back. They have to pay for attorneys. prosecutors because that is not our their interest. Their interest is in drag- Some of them do not have means to do role. That is why we have the inde- ging this out until election day—until it. Some of them will be paying that off pendent counsel. Take the politics out election day. for decades, if ever. But we have done of this thing. So we have had 230 hours I have to tell you something. It is not it. of hearings, and now we are offering working for them. From a political We have met for 230 hours of hear- another 5 weeks. standpoint, if I were being political, I ings. I want you to keep that number Now, let me say this to anyone who would just let them go right ahead, be- in mind—230 hours of actual hearings. is listening. I sat down with my pen cause the American people are dis- Now, the Democratic leader and rank- and figured out how many hours of gusted. They are watching this, and they are saying, ‘‘This is incredible. ing member, Senator SARBANES, and all hearings we could have under the of us are saying, let us have an addi- Democratic proposal. Let us say we These people are meeting back here in tional 5 weeks of hearings, almost worked 8 hours a day, taking an hour Washington, and what are they doing? $200,000 more, recommending also that for lunch like most Americans, 8 hours Nothing to make our lives better, noth- there be 4 weeks allocated in addition a day, and held those hearings 5 days a ing to make our lives better. As a mat- to write a report, and our Republican week. Most Americans work 5 days a ter of fact, spending $600,000’’—which is colleagues say it is not enough. It is week. I think it is a sound idea myself. the proposal of the Republicans— not enough. We could hear from so many witnesses. ‘‘which could be better spent either on We could hear from 100 witnesses, Why? Why? This is their latest rea- deficit reduction or restoring some of maybe more. son. Because they cannot get up here the cuts to education they so happily As I figure it, we would have 175 and say we want to keep investigating, made here.’’ hours of additional hearings. They Teachers are being laid off all over keep the story alive because it hurts have only had 230. They could have an- who teach reading to children, because the First Lady and it hurts the Presi- other 175 hours. What happens if we de- of the actions of this Senate. They dent. You cannot say that. But this is cide to work 10 hours a day? Just work could not find the money for education. what they say. In the court, there is a a little harder, take an hour for lunch, But boy, oh, boy, they find it pretty hearing. There is a trial in court, and a 10-hour day. We could have another easy for this. we need to call those people. We need 250 hours of hearings under the Demo- I have a Superfund site in San to wait. cratic proposal. Bernardino, CA, where a poison plume Let me quote from a letter signed by We have only had 230. So we could is moving down into the water supply. our ranking member, Senator SAR- just do as much as we have done, plus. That cannot be cleaned up because the BANES, and our chairman, Al D’AMATO, If my Republican friends are so anxious Republicans, who control this body and that was written in October 1995. This to work on this, let us get to work. Let the other body, do not even have the is signed by both. us go. Let us get your witnesses, let us budget passed. I am on the Budget The special committee does not intend to line them up, an hour at a time. Let us Committee. We are supposed to be seek the testimony of any defendant in the do our work. working on the next budget. They do pending action brought by your office. But, no, as the ranking member has not even have the current budget This is to Ken Starr. pointed out, there are some weeks they passed. Nor will it extend to expand upon the have one witness. They harangue them But, oh, no, we have to talk about grants of immunity provided to persons by for 9 hours—and I mean harangue—to Whitewater. We need $600,000, not to re- your office. Indeed, Senate Resolution 120 ex- no avail, by the way. So if we are real- store some of these cuts, not to reduce pressly provides the special committee may ly serious, the Democratic alternative the deficit, not to clean up Superfund not immunize a witness if the independent has offered them more hours than they sites, not to raise the minimum wage. counsel informs the committee in writing have already spent. So let us stop say- You do not even need money to do that immunizing that witness would inter- ing that we want to close it down. By fere with the independent counsel’s ability that; you just need time on the floor to to prosecute. the way, some Members on my side do vote on it. It is at a 40-year low. People want to close it down. They do not try to live on it. They cannot take So, in writing, our chairman said he want any more hours. I happen to be- time for that. had no intention of calling any wit- lieve let us close it down in an orderly I mean, it is just amazing to me. So nesses. Now, the big reason we have to fashion. So I am supporting this addi- politically, as far as I am concerned, wait is we have to call the same people tional 5 weeks, with 4 weeks to write a when people look at this Congress, who are going before this jury. report. they are saying, ‘‘We didn’t expect this Now, let me say something. And this I just cannot understand why my Re- kind of change. We didn’t expect a was brought out by our ranking mem- publican friends do not want to take whole breakdown in the budget proc- ber, Senator SARBANES, but it bears re- this, if they are serious about saying ess. They can’t even get their act to- peating. I wish to say to my Repub- they want to get their work done. They gether to pass the debt.’’ Hurting our lican friends, this is America. We do want to hear from these witnesses in ratings because we cannot even do our not have trials in secret in this coun- the jury trial. We can listen in, just as job. But they have a lot of time for try. Every one of these people involved all Americans can, and read all the re- Whitewater. in the trial, all the people who Senator ports about the trial and get the infor- So maybe I should not be here com- FAIRCLOTH says he wants to hear from, mation we need. If we feel we need to plaining about it. Maybe, politically they are going to be in that courtroom take more action legislatively because speaking, it will help, help change who and we are going to hear from them. we found out new information, we can is in control around here. But be that But, no, that is not enough. We want to do that. as it may, I have to say what I think. play prosecutor. You know, this is not By the way, I also point out we do What I think is that this offer from the ‘‘L.A. Law.’’ This is the Senate of the have a Senate Banking Committee that Democrats to extend these hearings for United States of America. We are legis- can meet any day of the week. Why do 5 weeks, another 4 weeks to write a re- lators, not prosecutors. That is why we we need to hire all these special law- port, if we got our act together and have the independent counsel. yers they bring in? They go on tele- worked 8, 10 hours a day, we could just And by the way, does the independ- vision every night and report, move have well over 100 witnesses and wrap ent counsel have any limits to his in- their careers up the line. At what cost? this up and get on to the work and vestigation? The answer is no. He has, At what cost? We have very good peo- keep this out of the political arena. as I understand it, 100 FBI agents on ple on staff. We can do some of this in People want job training, education. this matter and 30 lawyers; unlimited the Senate Banking Committee. They want pension protection. They March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1567 want health insurance that is portable. The United States of America stands It is one thing to stand up and defend We have a great bipartisan bill. Why is shoulder to shoulder with Israel during your party and your party’s Presi- that not up here? The Kassebaum-Ken- this crisis. Their battle against these dent—I have done it myself, and I do nedy bill will protect our people from evildoers will be the battle of all civ- not have any problem with that at all; getting their insurance canceled be- ilized people everywhere. in fact, I commend my friends on the cause of a preexisting condition. It An all-out war on terrorism must and other side for doing it—but it is an- would allow them to take that health should be waged. But the Hamas ter- other thing to act like this is not im- insurance with them. rorists want one thing more than any- portant business or that we should not I ask you, what is more important thing else, Mr. President—to scuttle be doing this; that there are other for our people, standing up and berat- the peace process. We must not allow things more important. Of course, ing the President and the First Lady them to win. We must defeat the ter- there are other things that are also im- on something that happened years and rorists and ensure a lasting peace. portant, but not more important, and years ago, where the special counsel PLO President Yasser Arafat can and we should be doing all of them. And I has all the resources he needs to bring must do much more. His recent state- agree with some of the criticism that justice, or doing the work of the U.S. ments condemning these attacks un- has been given with regard to some of Senate? I am absolutely amazed that, conditionally have been good, but his the things that need to be done. after all the bipartisanship we have actions must now follow his words. We have done a lot, but a lot has had on that committee over so many Only he has the power, the position, been vetoed. There is a lot tied up in years, our ranking member and our and the influence to gain control over conferences today. There is a lot that chairman cannot agree when we have Hamas. is not being done because of party war- offered hours and hours of hearings to My heart goes out to the victims of fare here. I have never seen more fili- them. this violence and to all the good people busters used in my whole 20 years in It is extraordinary to me. I think of the Middle East who pray and work the Senate than I have seen in the last this issue of the trial is a false issue. for peace. couple of years. Almost everything, Again, this is not going to be a secret I thank you very much, Mr. Presi- even inconsequential bills. Why? Be- trial. So, Mr. President, I am clearly dent, and I yield the floor. I suggest cause they want to stop any momen- distraught that this is the priority of the absence of a quorum. tum of the Contract With America. The PRESIDING OFFICER. The the U.S. Senate. That is legitimate. I am not going to Mr. President, I ask unanimous con- clerk will call the roll. The assistant legislative clerk pro- cry about that, but I do not believe you sent that I may speak for 3 minutes on use filibusters on just about every- a different subject. Then I will yield ceeded to call the roll. Mr. HATCH. Mr. President, I ask thing. To me that is wrong. the floor. So I rise today to express my support The PRESIDING OFFICER. Is there unanimous consent that the order for the quorum call be rescinded. for the extension of the Special Com- objection? Hearing none, so ordered. mittee on Whitewater and Related Mrs. BOXER. Thank you so much, The PRESIDING OFFICER. Without Matters. As chairman of the Judiciary Mr. President. objection, it is so ordered. f Committee, I see it as my duty to de- f fend the separation of powers and the VIOLENCE BY TERRORISTS IN WHITEWATER DEVELOPMENT constitutional prerogatives of the exec- ISRAEL CORP. AND RELATED MATTERS— utive branch. These are important MOTION TO PROCEED Mrs. BOXER. Mr. President, I rise to things, and I have to say, in some discuss the recent violence in Israel The Senate continued with the con- ways, I resent some of the comments and to express my profound hope that sideration of the motion. that indicate these are not important these cowardly terrorist attacks will Mr. HATCH. Mr. President, I have things. I guess they are not important not destroy the peace process that so heard just about all the whining about because it is a Democratic President many have worked so hard to cul- Whitewater that I can stand. To be who is being investigated at this time. tivate. honest with you, if this was a Repub- Boy, they were sure important when In the past week, the extremist, ter- lican President, what has already been Republican Presidents were in office. rorist organization Hamas has spon- uncovered would be front-page head- You could not stop anything from sored four deadly bombings, killing lines all over the country everyday. going on, and you had both Houses of more than 60 people and wounding The fact is, it is a mess, and it does Congress controlled by Democrats in more than 200 innocent, innocent peo- not take any brains for people to real- most of those cases. ple. These vile and disgusting acts ize that if you set a short time limit, We are talking about the separation clearly targeted at innocent civilians people are literally not going to com- of powers and the constitutional pre- on public buses and on busy streets ply with that time limit. rogatives of the executive branch. must be condemned. We have had more than ample proof After giving this issue careful thought, It is hard to imagine the kind of de- that that has been the case here—more however, I have decided that the spe- ranged mind that could contemplate than ample proof. The fact of the mat- cial committee’s investigation into such appallingly evil deeds. As the ter is, we have had documents drib- Whitewater must continue. This issue President said very eloquently yester- bling in at the last minute 21⁄2 years transcends the claims of partisanship day, he cannot even imagine an adult since there has been a subpoena for and goes to the very constitutional au- who could teach a child to hate so them. There is no excuse for it. To hear thority of Congress to investigate much. our friends on the other side on this wrongdoing at the highest levels of The most recent attack, which oc- issue, it is outrageous what they are Government. curred this past Sunday, killed 14 Is- saying, and to act like this is not the Congress has the constitutional obli- raelis, including 3 children dressed in Senate’s business is also outrageous. gation to see that public officials have their costume for the Purim festivals. There may not be anything more im- not misused their office, and we have a Purim is among the most joyous portant for the Senate to do than to do duty to bring these matters to the pub- holidays for the Jewish people. It com- its job in this area. lic eye so that the American people can memorates how the children of Israel Now, I have to say, I hope personally be confident that their Government is overcame a genocidal plot thousands of that the President and the First Lady operated in a fair, just, and honest years ago. Purim reminds us that in do not have any difficulties in the end, way. the end, good triumphs over evil and but there are a lot of unanswered ques- We must provide the special commit- reminds us that the Jewish people have tions. There are a lot of things that tee with more time in order to dem- an indomitable spirit of survival. The any logically minded person or fair- onstrate that delaying tactics of a Persians could not destroy the Jewish minded person would have to conclude White House, whether Democrat or Re- people thousands of years ago. The create some difficulties for anybody, publican, will not be permitted to frus- Nazis failed 50 years ago. And Hamas let alone the President and the First trate a legitimate congressional inves- will fail, too. Lady. tigation. S 1568 CONGRESSIONAL RECORD — SENATE March 6, 1996 For example, I was dismayed that we mony of some of the key witnesses in ings, during which time the benefit of received more notes from the White that case. an apathetic special counsel was dis- House relevant to this investigation I am particularly concerned that at- cussed at length, Janet Reno chose just last week. Now, I am happy that tempts were made to influence the ap- Robert Fiske as the special prosecutor, we received these notes—more notes— pointment of an independent counsel. a man who many consider had failed to that are responsive to the special com- We have only begun efforts, the needed investigate fully the events surround- mittee’s requests. I am just concerned efforts to investigate these problems. ing Whitewater. I read some of his about the delay in the response. Mr. Gearan’s notes indicate several depositions. They were not detailed. Last Thursday, the special commit- White House officials, including Mr. They were not carefully done. I know tee’s resolution expired. In light of the Ickes, argued that an independent Mr. Fiske. I have a high regard for him fact that information keeps trickling counsel should not be sought. Now, I as an attorney, but in this particular out of the White House, I can see no can see that. But from what I am able matter I do not think he was doing the other way than to extend the commit- to glean from these notes, I presume job that needed to be done. tee’s investigation until the most the reason White House officials op- We have learned that Webster Hub- pressing questions are answered. We posed an independent counsel’s ap- bell kept Whitewater documents of the cannot be expected to wrap up our in- pointment was that an independent Rose Law Firm in his basement after vestigation when we are still receiving counsel could not be ‘‘controlled.’’ the election. Some of these may have important information from the White That is what the notes say. been in Vince Foster’s office when he House and awaiting the availability of For example, in the January 5 meet- died. We need to investigate whether at key Arkansas witnesses currently in- ing, Mr. Gearan’s notes record Bernie the time of these White House meet- volved in related court proceedings in Nussbaum as saying that the independ- ings Mr. Hubbell continued to have the that State. ent counsel is ‘‘subject to no control.’’ documents in his basement while serv- The special committee must be given During the January 7 meeting, Mr. ing as an Associate Attorney General time to conduct a fair, careful and Gearan’s notes say, ‘‘We cannot affect of the United States and was perhaps thorough investigation so that the the scope of the prosecutor.’’ privy to discussions in the Justice De- Congress can be confident that all of I think a fair reading of these state- partment concerning whether to ap- the issues surrounding the Whitewater ments is that the high-level White point an independent counsel. scandal have been fully aired and ex- House officials were concerned about Another area that disturbs me is the amined. Some have requested that a the appointment of an independent effort to contact Ms. Beverly Bassett time limit be put on the extension of counsel, because they could not exer- Schaffer. According to evidence col- the Whitewater committee. That might cise control over his or her investiga- lected to date, Mr. Ickes was deeply not be a bad idea under certain cir- tion. According to Mr. Gearan’s notes, concerned about Ms. Schaffer’s testi- cumstances. Unfortunately, however, Mr. Ickes stated that neither the Presi- mony. She had been the acting securi- we cannot agree to any time limits dent nor the staff could speak to the ties commissioner. He wanted a check- until the criminal trials have been First Lady about appointing a special ered story to make sure it would sup- completed. counsel. port President and Mrs. Clinton’s ver- Some have thought that the reason This suggests to me that the First sion of the events surrounding the Democrats have suggested 5 weeks Lady was making the final decision Whitewater. Mr. Ickes even said he is because that is how long the crimi- about whether a special counsel should could not send any prominent members nal trials will take. At that point, it be appointed. It certainly is not proper of the White House to speak with her will be over and you cannot get some of for the possible subject of an investiga- because the press, or others, might get the witnesses who really have to come tion to have input as to whether or not wind of what was going on. Mr. Ickes before the committee. a special counsel should be appointed. said that if these steps were not taken, Many of the witnesses who will tes- We need more time to study this very ‘‘We are done.’’ tify in the criminal trials may also worrisome possibility. I hate to read anything sinister into need to come before the Whitewater Mr. Gearan’s notes of January 8 indi- that statement, but an argument could committee. We cannot agree to any cate that Mr. Ickes said that Mr. Ken- be made that Mr. Ickes was worried time limit that would preclude the dall, the Clintons’ personal lawyer, at- that if he could not successfully manip- Whitewater committee from complet- tempted to talk to Alan Carver who ulate Ms. Schaffer’s testimony, serious ing its work or we will get into the was supervising Donald McKay’s inves- consequences could result. I am grave- same debate 5 weeks from now. If we tigation into Whitewater at the time. ly concerned about any discussion by set that time limit, I guarantee you we In fact, according to Mr. Gearan’s White House officials to influence the will be in this same debate 5 weeks notes, Mr. Ickes called Mr. Carver a workings of the Justice Department, from now because there will be further ‘‘bad’’ guy, a guy who would not talk particularly when it conducts ongoing delays, further obfuscation, further to Mr. Kendall without FBI agents criminal investigations into the White finding of documents at the last present. House. minute. At least that has been the sit- Then, according to Gearan’s notes: Earlier, when I questioned Ms. uation up to now. Mr. Ickes went so far as to say, ‘‘That guy Sherburne and Mr. Gearan about the As long as doubt concerning is f. . . us blue.’’ notes, I became concerned that offi- Whitewater continues, the President Was the Department of Justice get- cials at the White House were trying to and the First Lady will not enjoy the ting too close to the truth? How could influence the story of an important full trust of the American people. This Mr. Carver and Mr. Mackay be a prob- witness—Ms. Schaffer—in this inves- scandal is not just bad politics, it is lem if they were only doing their jobs tigation. Ms. Sherburne agreed the bad for the future of our Nation. to carefully investigate Whitewater? notes could be read that way. That was I believe we do need more time to During the same time as the White in response to my questions—that, yes, further examine whether White House House meetings, Attorney General they could be read that way. officials attempted to interfere improp- Janet Reno was considering whether to The possibility that White House of- erly with the Justice Department’s in- appoint a special prosecutor to inves- ficials might attempt to influence or vestigation. During January 1994, Mr. tigate Whitewater. At that time, the tamper with the ongoing actions of the Mark Gearan, then director of commu- independent counsel statute had lapsed President and his aides raises questions nications at the White House, took de- and the Attorney General chose Robert about the integrity and fairness of the tailed notes of a series of meetings on Fiske on January 20 to be her special administration of justice in our Na- Whitewater with senior White House prosecutor. tion. I cannot believe that anybody in personnel. I am concerned that, despite Unlike the independent counsel, the good conscience could oppose a con- White House denials, attempts were special prosecutor was under the con- tinuation of this committee’s inves- made both to influence the appoint- trol of the Justice Department and, ul- tigation until we start getting answers ment of a special prosecutor or inde- timately, the President. Less than 2 to the many troubling questions that pendent counsel and to affect the testi- weeks after these White House meet- have been raised. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1569 Putting aside these problems, there used as a straw man to circumvent the would hurt the Congress, the Senate, if are many other unanswered questions law in what regulators have called a we, once we have this charge, do not that have been raised by the commit- sham transaction. follow through and bring it to a conclu- tee’s investigation that would require Before these hearings began, the sion in a fair, just, and orderly way. We further investigation. Now, this is my American public had been told that are clearly not at a conclusion now, Whitewater top 10 questions list. It is, there had been full disclosure. It is not with getting documents as late as by no means, exhaustive. It is just 10 I clear there had not been. We know that last week, even after the commission of think ought to be answered. is not true. It is only because of these this special committee has expired. First: How did the First Lady’s bill- hearings that we know that. So this is important stuff, and I ing records from the Rose Law Firm These hearings have been very impor- know that my colleagues are tired of it mysteriously appear in the personal tant, regardless of the outcome. It is on the other side. I do not blame them. quarters of the White House long after our constitutional responsibility to fol- I got tired of Iran-Contra and a number they had been subpoenaed? low through and conclude them in a of issues that were, in many respects, Second: Who brought Madison Guar- satisfactory, fair, and decent manner. worked to death. anty into the Rose Law Firm as a cli- Before these hearings began, as I This is something that until it is re- ent, and who had primary responsibil- said, the American people were told solved and resolved in a fair, just, and ity for that account? Hillary Clinton did not work on the reasonable way, I think you cannot Third: Did the First Lady attempt to Whitewater and Castle Grande cases. count on the President and First Lady benefit from her relationship with her We now know that is not true. We having the full trust and confidence of husband, then-Governor Clinton, in know that. The hearings proved it. the American people. Hopefully, when representing Madison Guaranty before Before these hearings began, we were this is all over, they can. If they can- Arkansas regulators, including Beverly told there was no interference with the not, it is another matter. But at least Bassett Schaffer, who was the Arkan- Justice Department’s investigation we ought to get this thing put to bed sas State Securities Commissioner? into Vince Foster’s death. We now and put to bed right. Fourth: Did the First Lady attempt know, as a result of these hearings, I agree with the distinguished chair- to persuade Beverly Bassett Schaffer to that is not true. man of the Banking Committee, you approve a highly unusual deal that You could go on and on. Given this cannot put a 5-week delay on it. You do would have allowed Madison to stay history of deception, delay, and obfus- have to put up enough money to re- afloat longer than it did? cation, should the Senate take the ad- solve these matters, to be able to in- Fifth: What was the First Lady’s role ministration’s word on these matters? vestigate them fully. There are just in the Castle Grande deal? Did she as- To permit us to close the book on this countless documents, countless wit- sist Madison in what the RTC con- scandal, the Senate must approve the nesses in this matter, and we have not cluded was a sham transaction to con- extension of the Whitewater commit- even gotten into the hard-core issues of ceal Madison’s true ownership interest tee operations. The American people this matter. That cannot be done until in the problem? demand no less from their elected offi- the trial is over, which is estimated to Sixth: Have the President and the cials. The counsel is pursuing the take 5 or 6 weeks. I know that my colleagues are not First Lady’s lawyers attempted to im- criminal aspects of this case, and it is just simply choosing that timeframe so pede the investigations into important that the Congress fulfill its that they can avoid another set of Whitewater by the special prosecutor constitutional duty to conduct over- hearings or mess up this investigation. and the Senate special committee? sight at the executive branch and in- On the other hand, I think they have to Seventh: Did the First Lady, her form the American people of its find- acknowledge that 5 weeks is not aides, or Bernard Nussbaum prevent ings. We have had suggestions that we enough time and that, if you do put a Justice Department investigators from ought to take 5 weeks and work 8 to 10 time limit on it, there is a natural pro- searching Vincent Foster’s office after hours a day and we will solve this prob- pensity on the part of those who have his death? lem. something to hide to make sure it is Eighth: Was there a effort to inter- I have to tell you that since this hidden until after it is too late to bring fere with the investigation of committee has been established, com- it up. Whitewater, as suggested by Mr. mittee counsel has been working a lot Frankly, I do not think we should do Gearan’s notes? more than 10 hours a day every day. that. We owe it to the Senate, we owe Ninth: Who ordered the firing of Billy You cannot have hearings every day it to the Constitution, we owe it to our Dale in the White House travel office? because it takes time to do the deposi- own conscience to do it in the right What was their motive? Was there tions and prepare, get documents to- way. I want the hearings to be fair. I some connection with Whitewater? Was gether and go through them, and it think thus far they have been. I want there some connection with something takes time to put them together in a to commend the distinguished chair- that was inappropriate or wrong? Cer- cohesive way. To prepare the ques- man of the committee, Senator tainly, there appears to be, and that tions, it takes time for each Senator. D’AMATO. Contrary to what many on needs to be cleared up. I hope there was These hearings have to be planned and the opposite side thought before these nothing wrong, but there appears to be done in a reasonable, orderly, credible hearings began, I think he has con- so. way. ducted them in a fair and reasonable Tenth: Were Rose Law Firm records I also can guarantee you that the mi- manner. purposely removed from the firm and/ nority’s attorneys have been working I also want to compliment the minor- or destroyed? full time on these matters because ity leader on the committee, Senator Before these hearings began, the they are serious, because there are SARBANES. He is one of the more American public had been told there thousands of documents, because there thoughtful, intelligent people in this had been full disclosure. We now know are questions that are unanswered, be- body. We came to the Senate together. that this is not true. cause we have to get to the bottom of I have tremendous respect for him. I Before these hearings began, the this. think he has conducted himself in the American people were told Hillary Again, I will repeat that I like Presi- most exemplary of ways, and I have re- Clinton did not work on Whitewater or dent and Mrs. Clinton. I have worked spect and admiration for the way he Castle Grande. We now know that is rather closely with the President for has done so. I think both of them have not true. On Whitewater, she billed 53 these last 2 years. I do not think any- done a very good job. I think other hours, had 68 telephone conversations, body in this body can deny that. I have members of the committee have done a and 33 conferences. You could go on tried to help him with judges and other good job as well. and on. On Castle Grande, she billed appointments, and on legislation, and I It is apparent that it takes time. It is more than any other partner in the law think he would be the first to acknowl- apparent it is a painful experience for firm, as I understand it. I think it was edge that. I have been very friendly to all to go through, including those on 141⁄2 hours. She had a number of con- the First Lady. I hope there is nothing the committee. It means reading thou- versations with Seth Ward, who was that hurts either of them here. But it sands of documents and trying to stay S 1570 CONGRESSIONAL RECORD — SENATE March 6, 1996 up with a very convoluted set of cir- tion year. It stands in marked contrast make a go of it.’’ These are the issues cumstances here that are very difficult to what has transpired over the last 2 that people are talking about—basic for anyone. We simply have to go for- months. economic opportunity issues, basic ward. I do not think it is right to delay The PRESIDING OFFICER (Mrs. bread and butter issues, basic issues this any longer. I think literally we HUTCHISON). The Senator from Min- about how to sustain their families and should go forward. There should not be nesota. communities. a filibuster on this matter. Mr. WELLSTONE. I thank the Chair. Madam President, I raise this be- In fact, of all things, I think there I want to take a few minutes of this de- cause I wanted today to focus on an- should be no filibuster on this motion bate, but offer my thoughts within a other one of these basic economic to extend the time of the committee. somewhat different framework. ‘‘bread and butter’’ issues, which is Truthfully, I think the Rules Commit- In a recent USA–CNN Gallup Poll of minimum wage. As the author of the tee needs to get the resolution out and big issues facing Congress—and I am only minimum wage legislation in the we need to vote on it, up or down, and sure others have referred to this—vir- last Congress, I congratulate the mi- let the chips fall where they may and tually no one suggested Congress nority leader, Senator DASCHLE, for his go about doing our business in the best, should be devoting time and resources focus today on increasing the Federal most ethical, reasonable, and just way to Whitewater—67 percent of the people minimum wage. Despite the increases we possibly can. said Congress should work on approv- that went into effect in 1990 and 1991, In the meantime, I will be pushing to ing public education; 66 percent cited the current minimum wage is not a liv- extend this committee because I think crime as a major concern; 64 percent ing wage. It is a poverty wage—$4.25 an it is the right thing to do. I have raised said jobs and the economy; and 63 per- hour. Should we not start talking a lot of questions that literally have cent worried about health care. about that on the floor of the U.S. Sen- not been answered as of this time. I Madam President, this Senate, the ate? A person working 52 weeks a year, yield the floor. majority-led Senate, has not held even 40 hours a week, works for a poverty Mr. SARBANES. Mr. President, I see one hearing on better jobs and wages. wage. A person making a minimum the distinguished Senator from Min- We have not had one hearing on better wage earns just about $170 a week, and nesota on the floor. I know he wishes jobs and wages. Only 3 hearings have that is before taxes—income tax, So- to speak. been held on improving public edu- cial Security tax, you name it. I want to take a couple of moments cation, and 12 on crime control, drugs, Madam President, the principle that because there is one thing my distin- and terrorism. Madam President, the a minimum wage ought to be a living guished colleague from Utah made ref- majority party did not hold even one wage served this Nation well for 40 erence to. He talked about the previous Senate hearing on what was an unprec- years. From the enactment of the first hearings and other Congresses when edented plan to slash Medicare. Federal minimum wage law in 1938, the Congress was Democratically con- The reason I mention this, Madam through the end of the 1970’s, Congress trolled, and I think that is an impor- President, is that I think there is a dis- addressed this issue six times. tant point. I just want to come back to connect between all of the time and all Six times bipartisan majorities, with revisit the Iran-Contra hearings on of the resources that have been devoted the support of both Republican and which the distinguished Senator from to this hearing versus what it is people Democratic Presidents, reaffirmed our Utah served. As he will recall, at the are telling us in cafes and town meet- Nation’s commitment to a fair mini- outset of that, there were Democrats ings in our own States that they are mum wage for working people in this who wanted to extend those hearings really concerned about. I do not hear country. But during the 1980’s the real into 1988, into the election year. Now, people talking to me about the value of the minimum wage plummeted Senator INOUYE and Representative Whitewater hearings, except they won- and, adjusted for inflation, the value of HAMILTON rejected that proposition and der why they go on and on and on and the minimum wage has fallen by nearly agreed, in response to a very strong on, and they want to know how much 50 cents since 1991 and it is now 27 per- representation by Senator DOLE for a more will be spent on them. cent lower than in 1979, using 1995 dol- specific date to end it, and then con- I do hear people talking to me, not in lars. To put it in another context, we ducted hearings in a very intense man- the language of left or right, not in the need to realize that the minimum wage ner in order to accomplish that. language of Democrats or Republicans. would have had to have been raised to Again, I want to make the contrast People say to me, ‘‘Senator, am I going $5.75 an hour last year to have the between the hearings schedule in Iran- to have a pension when I retire? I am same purchasing power it averaged in Contra in order to meet its cutoff date, really worried. I am 67 years old, and I the 1970’s. which involved 21 hearings between am really worried.’’ ‘‘Will there be When are we going to start talking July 7 and August 6. In other words, we Medicare?’’ Or, ‘‘Senator, I have Medi- about good education and good jobs? I had hearings every weekday through- care but I have to pay for prescription said on the floor of the Senate before, out that period from July 7 to August drug costs. I have Parkinson’s disease. real welfare reform would mean an in- 6 except for 2 days—21 out of 23 days we My father had Parkinson’s disease. I creased minimum wage, good edu- held hearings. Contrast that pace, that cannot afford the price of these drugs.’’ cation, and a good job. If you want to effort to comply with a requirement Or, ‘‘Senator, you know the story reduce poverty: Good education, and a that had been passed by the Senate, about AT&T? That is my story. I good job. If you want to reduce vio- with what took place over the last 2 worked for a company for 30 years. I lence you have to focus, in addition to months, when this committee in Janu- worked 5 days a week and more. I was strong law enforcement, on a good edu- ary held only 7 days of hearings—in skilled. I was middle management and cation, and a good job. If you want to other words, all of the other days were a responsible wage earner. I gave that have a stable middle class, it is a good open to hold hearings, and no hearings company everything I had. I did a good education and a good job. Do you want were held. The same thing happened in job. I thought if you did that, at age 50 our Nation to do well economically? A February, where we held only 8 days of or 55 you would not find yourself fired good education, a good job. When are hearings. In fact, this committee, over with nowhere to go, just spit out of the we going to focus on these issues, I ask a 2-month period, without the Senate economy.’’ my colleagues? being in session—we had the oppor- Or people in cafes say, ‘‘Senator, this We go on and on and on and on with tunity to really meet continually—held is for all of us, regardless of party. Sen- these hearings, and now they want to only 15 days of hearings over a 2-month ator, we have three children. They are go on and on again. And we do not period; whereas the Iran-Contra Com- in their twenties and the problem is focus on the very issues about which mittee, to which my colleague made that they are not able to obtain jobs people are coming up to us, back in our reference, held 21 days of hearings in a that pay decent wages with decent States, and saying to us, in as urgent 23-day period. fringe benefits. We do not know what and as eloquent a way as possible, I think this simply demonstrates the will happen with our kids.’’ Or ‘‘Sen- ‘‘Senators, please speak to the con- effort then in that Congress to keep ator, I have a small business going and cerns and circumstances of our lives. this matter out of the political elec- I do not know if I can continue to We are worried about pensions. We are March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1571 worried about health care. We are wor- We have had to fight for everything release of the hostages until after the ried about jobs. We are worried about we got here. I do not think anybody 1980 Presidential election, the special being able to educate our children. We who watches those hearings seriously counsel concluded that: are worried about being able to reduce would conclude other than that there There is not sufficient credible evidence to violence in our communities.’’ When has been a lot of delay and a lot of ob- support this allegation. The primary sources are we going to focus on that? fuscation, a lot of failure to comply, a for this allegation have proven wholly unre- When are we going to talk about rais- lot of failure to work with the commit- liable. Their claims regarding alleged secret ing the minimum wage? Madam Presi- meetings are riddled with inconsistencies tee. and have been contradicted by irrefutable dent, 75, 80 percent of the people in the There has been an effort to work documentary evidence as well as the testi- country say we must do this. And con- with the committee, too. I do not want mony of vastly more credible witnesses. trary, Madam President, to popular to fail to give people respect who have Now, let me just say the $30 million misconception, the minimum wage is legitimately come forth. But this com- figure is not the amount of money this not just paid to teenagers who ‘‘flip mittee was created just 9 months ago committee has spent. The special com- burgers’’ in their spare time. Less than on May 17, 1995. The Iran-Contra inves- mittee thus far has spent $950,000. The one in three minimum wage earners tigation lasted for more than a year. special committee has been very pro- are teenagers. In fact, less than 50 per- The Joint Select Committee on Se- ductive. This committee has deposed cent of those who receive minimum cret Military Assistance to Iran and 221 witnesses, had 41 hearing days and wage are adults 25 years of age and the Nicaraguan Opposition was estab- heard the testimony of 121 witnesses, over. And more important, 60 percent lished on January 6, 1987. The commit- with a staff of around 20. That is pretty of the minimum wage earners in this tee conducted hearings until August productive. That does not indicate any country are women. 1987. The committee was extended wasting of time. Madam President, we have talked twice in 1987, from August to October I commend both the chairman and about welfare reform. And, you know, I and then from October to November. the ranking member for having worked think it is true the best welfare reform And the committee filed its report on so hard along with other members of is a job. But I think we ought to add to November 17, 1987. On December 10, the committee. But what this commit- that and say the best welfare reform is 1987, the House voted to extend its op- tee has done compares favorably with a job that pays a living wage. Increas- eration to March 1, 1988. the Iran-Contra Committee which con- ing the minimum wage will help in the There is an important thing we ought ducted 250 depositions and 250 inter- welfare reform effort, because it is one to note here. The special committee is views, had 40 days of hearings, and means of making work pay. not really seeking a ‘‘extension.’’ That heard the testimony of 28 witnesses. I guess that the reason that I use this is, Resolution 120 will not expire and And they had a staff of 100. opportunity to talk about a minimum the committee will not cease to exist What would be a waste of money wage is that I want to point out the on March 1, 1987, if the new resolution would be to end the investigation now disconnect between all these hearings, is not adopted. All that the committee just when the investigation is starting all this money we have spent on is asking for is additional funding so to heat up and before the committee Whitewater, and a Republican-led Sen- that the investigators and the attor- has received the White House e-mail ate that is not focusing on raising the neys can be paid. and has fully investigated the with- minimum wage, not focusing on living By historical standards the holding of the billing records. wages, not focused on what we are Whitewater committee has not been an Senator BYRD said the following dur- going to do to make sure people keep especially long-lived investigatory ing the Iran-Contra debate in response their pensions, not focused on oppor- committee. The Truman Committee, to a suggestion that the investigation tunity, not focused on how people are also known as the Special Committee would not be worth its costs. Senator going to afford education for their chil- To Investigate the National Defense BYRD said: dren or for themselves. Program, was in existence for 8 years, May I say, if we are going to talk in terms People work hard in this country and from 1941 to 1948. During that time the of cost, this is the 200th anniversary of the they deserve to earn a living wage for committee held 432 hearings and exam- Constitution of the United States, and there their work. It is that simple. I would ined 1,798 witnesses; I guess millions of is no price tag on a constitutional system which has been around for 200 years and appreciate it if we would get some documents. which has worked very well, and which will focus on this in this U.S. Senate. Pret- The Joint Select Committee on the continue to work very well. Under our con- ty soon I am going to come to the floor Conduct of the War, the Civil War that stitutional system, there is a doctrine that with other Senators with an amend- is, lasted for 31⁄2 years, from 1861 to we speak of as checks and balances, and that ment so we can have a vote, so people 1864, and the committee convened 272 is precisely what is being done here. The can hold us accountable. Because peo- times. Congress has a constitutional responsibility ple want to know what in the world we The Watergate Committee, also of oversight, a constitutional responsibility are doing as legislators to make a posi- known as the Select Committee on of informing the people, a constitutional re- sponsibility of legislating. Now before it can tive difference in their lives. Presidential Campaign Activity, was legislate it has to have hearings in order to I yield the floor. formed on February 7, 1973, and issued conduct its oversight responsibilities. I am The PRESIDING OFFICER. The Sen- its final report on June 27, 1974. saying this for the RECORD. I am not telling ator from Utah. The Senate spent 11 months inves- the Senator anything he does not know. But Mr. HATCH. Madam President, I was tigating the so-called October Surprise. its oversight responsibilities and its inform- on Iran-Contra Committee. I have to A subcommittee of the Committee on ing responsibilities which Woodrow Wilson admit it was a huge committee with a Foreign Relations appointed a special said were as important if not more impor- huge budget and all kinds of lawyers, tant than legislative responsibilities which counsel on October 16, 1991. The special are done mostly by committees. A problem and it had to be—I do not know how counsel’s report was issued on Novem- has developed which we will not go into but many people were on that committee, ber 19, 1992. which everybody has been reading about for but it was both the House and the Sen- The allegations at issue in the Octo- quite some time, and it is incumbent upon ate. And every effort was put forth. ber Surprise investigation were com- all of us to try to see what the facts are. And I have to say the White House co- pletely spurious—completely. Every- There is no price tag on that constitutional operated fully. Outside of the docu- body acknowledges that today. Yet it system. If there is one thing we can do in ments that were shredded by Oliver took 11 months. I hope they are here, this 200th year of the writing of the Con- North and his secretary, which were stitution it would be to reassure the faith of too, but it does not look that way. At the American people in that constitutional fully explained, there was complete co- least with what we have done so far, and political system, and one way of doing it operation. There was not obfuscation. there are too many unanswered ques- is to find out about all of these things that There was not withholding of docu- tions that have to be answered. we have been hearing. And the way to do it ments. There was not withholding of With respect to the central allega- is to go at it, put our hand at the plow and witnesses. There were not notes indi- tion on the October Surprise matter, develop the facts. cating that there were these type of that the Reagan campaign made a deal Senator BYRD said that on January 6, things going on in the White House. with the Khomeini regime to delay the 1987. I agree with Senator BYRD. S 1572 CONGRESSIONAL RECORD — SENATE March 6, 1996 We are not at the end of these hear- 27, 1993. That is the First Lady’s good, I yield the floor. ings. We are not at the end of this in- sharp attorney friend. Mr. SARBANES addressed the Chair. vestigation. We are still receiving doc- That same day, on July 27, 1993, Ber- The PRESIDING OFFICER. The Sen- uments at the last minute. We have nie Nussbaum reneged on a deal he had ator from Maryland is recognized. not had the cooperation that I think agreed to the day before to let career Mr. SARBANES. Madam President, I they had in Iran-Contra and in other DOJ, Department of Justice attorneys really want to address this suggestion hearings. And, frankly, there is no rea- review the documents in Vince Foster’s by my colleague from Utah of the dou- son not to. We just plain ought to fin- office. Why did he do that after that ble standard and his reference back to ish these and carry out our constitu- short flurry of phone calls that all of a Iran-Contra because, if there is any tional responsibility to the best of our sudden neither Susan Thomases nor double standard at work, I think it is ability to do so. Maggie Williams can really explain be- very amply demonstrated with respect I hope that we can continue to do cause their memories had suddenly be- to this proposal now to extend indefi- this. I think it is unseemly to deny the come short? nitely this inquiry. committee investigators and attor- Notes taken during the November 35, Let me go back into that Iran-Contra neys, the necessary requisite funds to 1993 meeting between White House offi- matter because my colleague from be able to continue to do so, and to in- cials and the Clinton’s personal law- Utah says, well, if this were a Demo- sist that 5 weeks is going to be ade- yers contain a reference to ‘‘vacuum cratically controlled Congress and a Republican administration, you would quate to do this job. I do not think that Rose Law files.’’ While at the Rose Law really be seeing things differently. it will be; not the way we have been Firm, Mrs. Clinton had a dozen or more Now, in early 1987, when Congress conferences with Seth Ward in connec- treated, sometimes getting documents was considering establishing a special tion with the Castle Grande matter. that are 2 years old and longer. committee on Iran-Contra, some Mem- I might say that the committee has That land deal which banking regu- bers advocated that it have a long been successful, too. Again, I will make lators have termed a sham cost the timeframe extending right into the 1988 this point. If this was a Republican taxpayers $4 million. election. There was a conflict between I can tell you of a case in Utah where President all hell would be breaking some Democrats both in the House and the president of the bank saved the loose right now with what this com- Senate who wanted no time limitations bank. Throughout, the 100 percent mittee has already uncovered. There is placed on the committee and Repub- stockholding owner of the bank not misgiving about that. Everybody in lican Members who wanted the hear- bounced his checks and saved the bank, America knows that. There is a double ings completed within a matter of a and yet he and the board of directors standard around here. There are some few months. It was pointed out at the had to go through a tremendous and dramatic things that have been time, although it really escaped no ill-advised litigation that cost them brought out. I think the committee has one’s attention, that an investigation been successful. But it happens to be a well over $1 million in legal fees before that spilled into 1988 would be very po- Republican Senate investigation under the Government finally admitted that litical since that was a Presidential a Democratic President and First the bank had broken even, and that election year. Lady. they really had saved the bank and not Senator DOLE was very strong in his Again, I will just say that I hope caused the bank the problem. This was comments about the necessity to have there is nothing wrong. I hope there is necessary in order to just get it off a fixed time for the conduct of that in- no problem with either of them. I am their backs. quiry. Now, that is a Republican ad- hoping that is the case. But there are a You have a case of $4 million actu- ministration, a Democratic Congress. lot of things that look terrible here. ally lost through what was considered This is the double standard issue that I think it is simply not true to say a sham transaction, a fraud. And the my colleague raised. He said, and I that nothing has been found in the taxpayers are stuck with it. quote him: Mrs. Clinton also prepared an option Whitewater investigation in general, or If we get bogged down— this committee in particular. One agreement that was intended to be the This is Senator DOLE— measure of what has been found is the way that Seth Ward would be com- pensated for acting as a straw man in get bogged down in finger pointing; in tear- number of Whitewater related indict- ing down the administration—we are just ments and convictions that have been this sham transaction called the Castle not going to be up to the challenges ahead. obtained. Grande transaction. Maybe none of this All of us—all Americans—will be the losers. Here are some of the numbers. Nine amounts to a smoking gun. But it is in- And he pressed repeatedly for an end- people have been convicted and seven structive to remember what Senator ing date for that inquiry. are currently under indictment. And SARBANES said in connection with the Now, the Democratically controlled the indictments are still coming. The Iran-Contra investigation upon which Congress responded to that representa- two owners of the Perry County Bank he also sat. He said that requiring a tion, and both Senator INOUYE, who were indicted just last week. Further, smoking gun ‘‘sets a standard of cer- was selected to chair the special com- three senior officials—Bernie Nuss- tainty that is very rare that we are mittee, and Congressman HAMILTON, baum, Roger Altman, and Jean Hanson going to reach.’’ who was selected as its vice chair, rec- were forced to resign over their han- To make a long story short, there is ommended rejecting the opportunity to dling of Whitewater matters. Rightly a lot of smoke here. There are a lot of prolong the hearings and to exploit or wrongly they had to resign. unanswered questions. There has been President Reagan’s difficulties for po- Some of what the committee has a lot of obfuscation. There has been a litical purposes. In fact, they set a ter- lot of selective memory loss. There has learned include the following: A Secret mination date, and Senator DOLE wel- Service agent saw Maggie Williams, been a lot of delays in giving docu- comed that. In fact, he said: ments. There has been a lot of ignoring the First Lady’s chief of staff, abscond I am heartened by what I understand to be with numerous files from Vincent Fos- subpoenas. And there have been a lot of the strong commitment of both the chair- ter’s office the night of his death. She explanations that just do not make man and vice chairman to avoid fishing ex- denies that. But what reason would the sense in light of the notes and what is peditions; and to keep the committee fo- Secret Service agent have to lie? on those notes—like ‘‘vacuum the Rose cused on the real issues here. You might ask that question the Law Firm files’’ being treated as Now, if we do not want a double other way. Would Maggie Williams though they ought to clean them up. standard, I ask my Republican col- have any reason not to tell the truth? Let me tell you. There is a lot here. leagues, why will they not respond now I think subsequent facts kind of indi- There is a lot here, and I do not think as the Democrats responded in 1987? cate otherwise. we should ignore it even though we Senator DOLE went on to say: For instance, there was a flurry of should make every effort to be just and We ought to be able to shorten that time, early morning phone calls between the fair to everybody concerned. expedite it and complete work on this mat- First Lady, Maggie Williams, her chief I certainly will make every effort to ter. . . of staff, and Susan Thomases, her good, do that and will insist that everybody In fact, that is what happened. As I smart, sharp attorney friend on July else do likewise. indicated earlier, in order to complete March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1573 work, the Iran-Contra committee held judgment, cannot help but contribute clearly applying a double standard to 21 days of hearings in the last month in to a public perception that this inves- this matter. Madam President, I yield order to complete its work, a record tigation is being conducted for politi- the floor and suggest the absence of a that stands in marked contrast with cal purposes, and that is exactly what quorum. what this committee has done. It has, is happening. We are now getting edi- The PRESIDING OFFICER. The over a 2-month period here at the end, torials in newspapers across the coun- clerk will call the roll. instead of moving expeditiously in try that are making exactly that point. The bill clerk proceeded to call the order to finish its work, held only 15 The Greensboro, NC, paper editorial- roll. days of hearings. So if you want to talk ized: Mr. DODD. Mr. President, I ask unan- imous consent that the order for the about a double standard, there is the Whitewater Hearing Needs to Wind Down. double standard. The double standard A legitimate probe is becoming a partisan quorum call be rescinded. is the comparison between how the sledgehammer. The Senate Whitewater hear- The PRESIDING OFFICER (Mr. Democratically controlled Congress ings, led since last July by Senator Al CRAIG). Without objection, it is so or- handled the Iran-Contra hearings in D’Amato, Republican of New York, have dered. 1987 and how the Republican-controlled served their purpose. It’s time to wrap this Mr. DODD. Mr. President, may I in- Senate is seeking to handle the thing up before the election season. quire, are the managers controlling Whitewater hearings in 1996. The Sacramento Bee to the same ef- time, or may I seek time in my own Now, we agreed in the resolution that fect, saying they now want to extend right? was passed last May by an overwhelm- the hearings indefinitely, as they say, The PRESIDING OFFICER. There is ing bipartisan vote that this inquiry ‘‘or at least one presumes until after no control of time. should come to an end on February 29. the November election.’’ Mr. DODD. I thank the Chair. Mr. President, let me preface my re- It is my very strongly held view that, They go on to make the point that marks this afternoon, if I may, by ac- if the committee had intensified its the independent counsel, Kenneth knowledging the very difficult deci- hearings schedule comparable to what Starr, will continue his work on any sions that Senators on both sides of the the Iran-Contra committee did in 1987 matters that can be left to him. In aisle have to make over the coming or comparable to the earlier intense ef- fact, it is only the independent counsel days—I hope it is days and not weeks— fort that this very committee pursued who can bring criminal charges in this last summer, we could have completed on this issue. matter in any event, not something Let me also preface my remarks by, our work by February 29 as provided in that the Senate committee can do. first of all, commending and thanking the resolution. We could have com- I think that Senator DASCHLE, the my colleague from Maryland who has pleted it within the budget and a re- Democratic leader, has put forward a been the ranking member of the Bank- quest for an indefinite extension and reasonable proposal. The committee ing Committee and has handled the for another $600,000 would never have ought to be able to conclude its work lion’s share of the work on our side of been necessary. with a short extension of time. I think the aisle over these past many months Regrettably, that kind of work that is the path that we ought to fol- schedule was not followed. In effect, we and demonstrated, I think, remarkable low and avoid pressing this matter patience and a great sense of coopera- had a drawn-out procedure over 2 throughout the election year and the months when the committee could tion. creating the perception that it is being I do not know the exact number, but have been very hard at work, since the conducted for political purposes. Senate was not in session, and we I think there has been only a handful In fact, Chairman D’AMATO, when he of incidents in the last sets of hearings failed therefore to carry through all of went to the Rules Committee last year, the hearings that were being projected. that we have had over the past year stated that—I quote him—‘‘We wanted and a half where there has been any Now, I think the reason we failed is to keep it out of that political arena, we did not intensify the hearing sched- real disagreement at all between the and that is why we decided to come for- majority and the minority, thanks to ule, and, therefore, I think the respon- ward with the 1-year request.’’ That sibility for that rests upon those who the leadership of the Senator from was the right approach then. It was re- Maryland, cooperating and working were directing the hearings in terms of flected in the action taken by the full the schedule they laid out and its lack with, I might say, of course the Sen- Senate. of intensity. ator from New York, the chairman of The majority’s proposal now for an- Nevertheless, Senator DASCHLE, in an the committee. I think it is important effort to be accommodating and rea- other $600,000 and an open-ended period for all our colleagues to know the tre- sonable, indicated that he was willing of time will project this investigation mendous amount of work that the Sen- to extend the hearings for another 5 into the election season, thereby inevi- ator from Maryland has done. weeks into early April in order for the tably diminishing public confidence in Let me also say I appreciate the job committee to complete its matters. I the impartiality of the inquiry. That is of the Senator from New York. It is not regard that as a very reasonable pro- not the right approach. The time sug- an easy job to be chairman of a com- posal. It has not drawn a response from gested by the minority leader should be mittee, particularly one that has the my Republican colleagues, who con- more than adequate for the Arkansas responsibilities as this committee has tinue to adhere and insist upon their phase of this investigation. It will save had over the past 270 days to try and original position, which was an indefi- public money and it will complete the sort out the various differences that nite extension of this inquiry into a job. That is what we ought to be about. exist. Presidential election year, thereby vir- The double standard—the double But nonetheless, it will be, to some, tually guaranteeing that it is going to standard—is reflected in the difference a difficult decision. For others, I do not be a partisan political endeavor. in the position of my Republican col- think it is that difficult a decision, We worked hard to prevent it from leagues with respect to the length of given the amount of time we have being a partisan political endeavor time for this inquiry and the position spent. when we established the committee they took in 1987 with respect to the Conducting a thorough Senate inves- and when we set the parameters of its inquiry in Iran-Contra. It is also re- tigation is hard and painstaking work. work, including completion of its work flected in the fact that in 1987, the Certainly I can appreciate the dilemma by February 29 of this year—in other Democratic majority in the Congress in which some of the people in the ma- words, well before we got into the elec- agreed—agreed—to the representation jority find themselves, particularly tion year, barely into the primary pe- by our Republican colleagues that we when there are those who come to riod. We wanted to bring it to a close ought to have an end date and not pro- them and say, ‘‘Look, you must vote so it did not carry on and therefore long the matter into the political year. with us here regardless of what your raise in the public mind, I think, very Senator INOUYE and Chairman HAMIL- own feelings may be on this issue. We legitimate questions that this matter TON agreed with that representation. have to have your vote. Stick with us was being pressed for political reasons. That is the process that we followed. on this.’’ Prolonging the investigation well My Republican colleagues refuse now We have all at one time or another, I into a Presidential election year, in my to accede to the same process, thereby suppose, been confronted by those who S 1574 CONGRESSIONAL RECORD — SENATE March 6, 1996 have asked us to ‘‘stay with them,’’ as the longest congressional investigative join us, and we could end this. Ending the usual expression goes, even though hearings—to the best of my knowl- it is not to terminate it tomorrow, our own views may be otherwise. edge—in the history of the U.S. Con- from our perspective. The Senator from I am especially sensitive to that dif- gress. Twenty months. The Watergate Maryland and the minority leader have ficulty, because I well remember my hearings went on 16 or 17 months; Iran- offered five more weeks of hearings, al- own experience with the debate on a Contra, 6 or 7 months, from January most $200,000 more in money, beyond matter, not unlike the one before us 1987 through August 1987. Those I re- the almost $1.5 million we have spent this afternoon, involving President member very, very well because the in the last 2 years just in the Senate, Bush’s role in the so-called October now majority leader, ROBERT DOLE, and one more month beyond that to Surprise of 1991 and 1992. came to Senator INOUYE and Chairman write the report. So it is a proposal to Some of my colleagues may remem- HAMILTON—in 1987 now, not 1988—and go to the end of May. That is about 20 ber there were allegations in late 1991 said, ‘‘Even though you have the right weeks away from election day, not a that President Bush, when he was Ron- under the resolution to go until Octo- year as we were in 1987. Yet, we are ald Reagan’s running mate in 1980, had ber of that year, can we not wrap these being told flatly that that is unaccept- had secret meetings with the Iranian up in August?’’ I will tell you why. Be- able. Government to urge that Government cause it was getting involved in elec- Mr. President, you might understand not to release the American hostages tion-year politics. Let us get it done the frustration we feel in all of this. That is not an unreasonable request. until after the 1980 Presidential elec- early. DAN INOUYE, the Democratic The original agreement was to end in tions, thus avoiding the October Sur- Senator from Hawaii, and LEE HAMIL- February. We had snow days. We had a prise that might have lifted President TON, a Congressman from Indiana, who disagreement over the executive privi- Carter to reelection. There was an cochaired those investigations, agreed lege argument, which took some days. enormous hue and cry in the media with the then-minority leader DOLE to about those allegations, and a little bit You can make a case that you need a wrap up those hearings in August, so bit more time. But we entered into of excitement among some of our col- that they would not contaminate the leagues who viewed this as an oppor- those agreements almost unanimously, political season 1 year out—not 34 with maybe two or three dissenting tunity to do some damage to President weeks out, but 1 year out. votes. But when you end up with al- Bush, as we went into the 1992 elec- As a result of that, the Iran-Contra most all of the Senate voting over- tions. There were many, many articles, hearings were completed by early Au- whelmingly to conduct the hearings many, many stories, many, many edi- gust 1987, if my memory serves me and to do the second phase and to agree torials, about those allegations. well. I think, as our distinguished col- Mr. President, I believed at the time on the termination date, and to be told league from Maryland pointed out, on February 29, ‘‘Sorry, we are going to that those allegations—after looking there were 21 hearings, in fact, con- at the charges that were made and the ask for $600,000 more and no date cer- ducted between early July 1987 and tain when we end them,’’ despite the information that was being offered to early August 1987, in order to accom- fact that we are weeks away from elec- support those conclusions, I thought modate the then-minority leader’s re- tion, knowing full well that the mere that the conspiracy theories that were quest. fact that you are having these hearings being hatched by those who wanted to Now here we are 34 weeks away, after would create the kind of damage we bring those hearings to bear were moti- 20 months of hearings, 270 days, 50 ac- would like to cause, that is why we are vated principally, in my view at the tual hearings, 100 witnesses, and 50,000 upset about this. This is no great joy to time, by politics. For those reasons, documents have been turned over. I do be engaged in a lengthy debate and dis- Mr. President, I, along with others op- not know how many people have been cussion here. We ought not to be doing posed that investigation. And I hope through depositions. And it is nothing, this. that some of my colleagues in the ma- by the way, even remotely close to Here we are, and we hold one hearing jority do so now, despite the pressures Iran-Contra in allegations. I remind on Medicaid all last year—one, despite that I am sure members of the major- my colleagues to remember the days the proposals to cut $240 billion out of ity are getting today to vote for open- when Fawn Hall was stuffing docu- that program. I think we had two or ended hearings with a $600,000 appro- ments into her cowboy boots, sneaking three hearings on education, and vir- priation are getting—in fact, I know it into the White House, or they had tually no hearings on health care at is the case because a number of our col- shredding parties at the White House, all. Then we sit around and wonder leagues have basically told me they they called them, to destroy docu- why it is that Pat Buchanan seems to think this is a waste of time and ments. Nothing like that has been al- be igniting some support when he talks money. But this sense of staying to- leged here. about jobs and people and they see us gether because we have 34 weeks to go We have documents that have turned suspending maybe a week on the floor before election day, and everybody sort up. I know our colleagues have gone on of the U.S. Senate debating the of linking arms here, let us not let this at some length—I think, entirely ap- Whitewater hearings. We had 10 or 12 get out of hand here. If anyone deviates propriately—to examine what hap- days on Waco. I do not know how many or breaks ranks, of course, this falls pened there. None of us has suggested House hearings and Senate hearings apart. I know what that is like. that we ought not to look into that. there were on Ruby Ridge. I think So as a result of several of us voting But as I pointed out in the past, in there is value in looking at those is- differently, those hearings did not go every single case where these docu- sues, but this is going beyond the pale, forward. They ended, much to the dis- ments have emerged, nothing in them going too far. It is going way too far. appointment, I might say, of a number contradicts anything we learned ear- So we are urging, Mr. President, that of our colleagues who felt we should lier. Had these documents produced some Members of the majority stand have gone forward. The reason I raise contradictory evidence, the suspicions up and join us in this compromise pro- that is not to suggest somehow that about showing up late, or in some posal to bring a conclusion to these the Senator from Connecticut deserves other place, would have much more hearings and to do so in a reasonable any particular commendation, but to credibility. But everything we found in way, with a reasonable amount of dol- hope there might be some colleagues the documents that came later has cor- lars. We are the ones on the committee today who are faced with a similar fact roborated what we knew earlier. It who have to sit there day after day. We situation and might respond similarly, does not excuse the fact they showed are prepared to do it. when we know, frankly, that an addi- up late. I remember in the summer of 1994, tional $600,000—$400,000 in consulting Again, we may never know the an- when we sat there 12, 13 hours a day in fees—an open-ended investigation, at swers completely. But to suggest there order to wrap this up. We went late this juncture, with respect to those in- is a great conspiracy here is not borne into the night to do it. If it takes that, volved, has gone on too long. out by the facts of what was in the doc- then let us do it. We are prepared to do The overwhelming majority of people uments once discovered. that, to bring this to closure. So we are in this country think, frankly, it has So my basic plea, Mr. President, is urging colleagues to join us in this pro- gone on too long. It has been 270 days, for some Members on the other side to posal, in this effort. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1575 Mr. President, I went over some of pointed out, I believe it is $1 million a Given that history and placing it in the earlier points. It may be worth it month; $1 million a month the inde- that context, does that not make the to reiterate some of the things that pendent counsel is consuming. Nothing proposal of the minority leader, Sen- happened. The Senate’s Whitewater in- we are suggesting here limits the inde- ator DASCHLE, seeking to accommodate vestigation began in 1994, with biparti- pendent counsel’s investigation. In for the extension of another 5 weeks to san support. Bipartisan support was fact, they can go on in perpetuity. do the hearings, a far more reasonable continued in May 1995 when the Senate Some fear they probably will, if past proposition than the proposal of Chair- overwhelmingly approved Senate Reso- practice is any indication of future man D’AMATO for an indefinite exten- lution 120 to create the Special Com- conduct. We ought to take a look at sion of these hearings throughout the mittee To Investigate Whitewater. that issue at some point, but the inde- election year? Since 1994, there have been more pendent counsel proceeds apparently at Mr. DODD. Mr. President, my col- than 50 hearings, as I have mentioned, $1 million a month with no limitations league from Maryland is exactly right. with testimony from well over 100 wit- on their work. He answers his question with his ques- nesses, after detailed examination of So there is $30 million—more than tion. In fact, it obviously is far more more than 45,000 pages of documents. $30 million—that has been spent over reasonable. By the way, Mr. President, it is worth- 270 days or so, with more hearings than Again, I recall the then-minority while to note that here, unlike in other in any other investigation in the his- leader, Senator DOLE, making the case congressional investigations, not a sin- tory of Congress. Is it unreasonable in part that it was not just the politics. gle witness from the White House came that we say can we not wrap this up in He worried about the damage being other than voluntarily, and several 5 weeks—our part of this, in 5 weeks— done to the Presidency, the office of witnesses came on many occasions. with $200,000, almost a quarter of a mil- the Presidency. So he made that appeal Other than the argument over attor- lion dollars, in additional funding? Is on the basis that we ought not to dam- ney-client privilege—which is a legiti- that an unreasonable request, particu- age the office of the Presidency. Of mate argument—every single docu- larly when you compare it to the re- course, we are well aware that our col- ment received we received voluntarily. quest that says we want half a million, league from Kansas, the majority lead- There has been no effort here to fight not including consulting fees for an un- er, is an active candidate for the office for the release of documents at all ex- limited amount of time. Which is the of the Presidency today, and yet yes- cept when there was a legitimate ques- more reasonable request in light of terday in the Rules Committee when tion about attorney-client privilege what we have been through over these the matter came up as to whether or and executive privilege. Those only oc- past several years? not we ought to try and put some limi- Mr. SARBANES. Will the Senator curred in very rare cases. Beyond that, tation on this for 5 weeks and a limited yield? in every other instance, we had a tre- amount of money, there was a vote. Mr. DODD. I am happy to yield to the Our colleague, Senator FORD of Ken- mendously cooperative White House on Senator. tucky, offered an amendment to the this. Mr. SARBANES. I ask the Senator open-ended proposal and said, ‘‘How I think the documentation is about which is the more reasonable request, fifty-fifty: About 10,000 or 12,000 pages about 5 weeks, $185,000, with an addi- if you put it in the context of what oc- tional month to wrap it up?’’ The ma- of White House representation, and curred in 1987 with respect to the Iran- 12,000 from the Clintons’ files them- jority leader was there for the vote. He Contra hearings in which a Democrat- voted against that and voted for the selves that have come into the com- ically controlled Congress was looking mittee’s possession for examination. It open-ended proposition. Only 5 years into the activities of a Republican ad- ago he was, of course, making a strong is hard for those who pushed for this ministration and had Members who case in the other direction. investigation to admit that nothing were pressing hard for an open-ended Mr. SARBANES. If the Senator new has been turned up. Yet, that is investigation that would carry well would yield on that point, what he said the case. into the 1988 political year. The minor- in the debate in early 1987, ‘‘If we get I might point out in addition to the ity leader of the U.S. Senate, then Sen- bogged down in finger pointing, in tear- moneys we have spent of almost $2 mil- ator DOLE, in early 1987 took a very ing down the President and the admin- lion, not including what we may be strong position against an unlimited istration, we are just not going to be spending now with this additional re- hearing on that matter, pointing out it up to the challenges ahead, and all of quest, the Pillsbury, Madison & Sutro would turn into a political exercise in us, all Americans, will be the losers.’’ law firm out on the west coast has an election year. Let me repeat that, ‘‘and all of us, all spent several millions of dollars over Senator INOUYE, who headed up the Americans, will be the losers.’’ the last 2 years on an independent ex- select committee on the Senate side, As the Senator from Connecticut amination for the RTC, Mr. President, and Chairman HAMILTON, from the pointed out, this was an added argu- of the Rose Law Firm and related mat- House side, accepted that argument ment that was made in addition to the ters. As you know, Mr. President, they and agreed to a limited period of time. argument which was accepted by the concluded their report in December, In fact, later they intensified the Democratic majority that the inquiry but when the new billing records at the schedule in order to finish it earlier in ought not to be carried into the elec- White House showed up they asked for 1987, in August, so it would not carry tion year. There is this the very point an extension to determine whether or over into 1988. that the Senator alluded to just a mo- not the conclusions in December would Now, if you put it in that context, I ment or two ago. be warranted. They did that examina- say to the Senator, is not the proposal Mr. DODD. I thank my colleague tion and basically several day ago filed made by Senator DASCHLE an emi- from Maryland for raising that point. their final conclusions after examining nently reasonable proposal? I heard It goes to the heart of what I was sug- these new records and reached the con- talk on the floor today that there is a gesting at the outset here, that in the clusion in their words, ‘‘That no more double standard. Someone got up and conduct of these investigations by and moneys ought to be spent on the said if this were a Republican Presi- large there has been an effort at least Whitewater investigation.’’ That, in dent now and a Democratic Congress, on the part of those of us here to seek fact, in their view there was no proof things would be different. They might bipartisan accommodation. These are to substantiate the Clintons’ or the law well be different. They were different not matters that necessarily ought to firm’s involvement in the Madison in 1987 when we had a Republican presi- fall into the area of partisan debate be- Guaranty issues. It is a long report, dent and a Democratic Congress, and cause we recognize the sensitivity of about 170 pages. I do not expect my col- the Democratic Congress then accepted them. Hence, over the years, the for- leagues to read through it but the con- the argument that we did not want to mation of these committees and the al- clusions are there for people to read. turn it into a political exercise in the location of resources, with some minor Again, that has been completed. 1988 election, and carried through and exceptions, have enjoyed bipartisan Then we have the $26 million spent did the hearings—did 21 days of hear- support. by the independent counsel up to now. ings in 23 days in order to bring the As the Senator from Maryland points Again, as our colleague from Maryland matter to an end. out, it was, in fact, the leadership of S 1576 CONGRESSIONAL RECORD — SENATE March 6, 1996 the majority in 1987 that agreed with Now, we understand we may need a as Senate investigations go. But, in the minority and accommodated their few more days. We understand that. fact, we have many precedents, includ- request to not allow those hearings to But we avoid the very problem that ing our experience with the Iran- spill over into the fall of 1987, a year we have now found ourselves in by es- Contra hearings. The contrast, as has away from election day. Not 34 weeks tablishing those kind of dates. By the been pointed out by our colleague from away from election day, a year away way, I went back and researched this. Maryland, could not be more stark. from election day. There is not a single investigation that When the Iran-Contra hearings entered I might point out that resolution I could find done by the Senate of the its final months of existence and knew called for the termination of the Iran- United States over the past 30 years it had a lot of ground to cover, it held Contra hearings in October 1987. That that did not have a termination date in 21 hearings in that 1-month period. Mr. was the termination date. We moved it the original resolution that established President, that is 21 hearings in 1 back and finished the work in August, the committee. Wisely the Senate has month by Iran-Contra, compared to 8 a year and a half before the election, done so to avoid the kind of problem in 1 month by the Whitewater Commit- because the request from the then-mi- we get into when you have open-ended tee. Did Senators have more stamina in nority leader was that this might con- investigations with no end in sight. 1987 than they do in 1996? Probably not. taminate the election season. Therefore, we put that in the resolu- I do not think so. But perhaps there Yet here, after the longest investiga- tion. was a greater will to get the job done tory hearings in the history of Con- In adopting a cutoff date well in ad- by the members of that committee gress, 50 hearings, 100 witnesses or vance of the 1996 Presidential elections, than we have seen so far by the mem- more and all of the information we the Senate was following the same pro- bers of the Whitewater Committee. have accumulated and collected, to a cedures advocated by the majority request to wrap this up 6 months—less leader, as pointed out by our colleague The majority raises a number of is- than 5 months, less than that—before from Maryland, back in 1987 when he sues to justify an indefinite extension election day, the answer is a resound- then as minority leader successfully of the special committee. But I believe, ing, ‘‘No. Tough. We have something argued for the limiting of the duration based on the facts, that the alternative going here politically and we are going of the special committee to investigate that we are offering to this indefinite to ride this one down the road here, the Iran-Contra affair. Of course, as extension will provide ample time for even though we have no information or this deadline approaches we find our- the committee to complete whatever no evidence of any wrongdoing—not selves operating in a far different polit- work remains. The primary reason even any wrongdoing; any unethical ical landscape than we were in the cited by my friends on the other side of behavior—we are going to ride this one months following the 1994 congres- the aisle for continuing these hearings out because, who knows, maybe we can sional elections. The enhanced politi- indefinitely has been that the White get something going here.’’ cal position of the President has led House has failed to cooperate with the This is a very unhealthy thing for some to speculate that the proposed ex- committee’s investigation. That is just this body to be doing, very unhealthy. tension is little more than a desperate, fundamentally wrong. To buttress this It invites a kind of deterioration in the nakedly partisan attempt to smear the contention, we are told by the majority comity that is essential in this body to First Family. What is particularly in- and it is pointed out by the majority, get anything done, when we engage in teresting is that as the committee the confrontation over the so-called this kind of practice. moved closer and closer to the deadline Kennedy notes—that is the lawyer— Mr. President, what we are con- which we established almost unani- and the discovery since January of doc- fronted with here, then, is obviously mously it actually slowed down the uments are relevant to the commit- the dilemma the majority is in—which pace of the hearings to the point where tee’s work. The conclusion drawn by should be a dilemma which is not that we held only eight hearings in the en- the majority is that the White House difficult to resolve but nonetheless is a tire month of February, and none in will delay providing damaging docu- dilemma—do you push, on the one the last week of February. I remind my ments until just before the commit- hand, for an extension of the hearings colleagues there were no votes. The tee’s termination date and thus an that we have already conducted for majority leader did not call up any open-ended extension is warranted. such a lengthy period of time deep into votes in the month of February. There Mr. President, the facts do not jus- the Presidential campaign season and were no interruptions. Yet, for the en- tify such a conclusion. First and fore- thus undermine, in my opinion, the in- tire month we were all around—mem- most, this administration, as I said tegrity of the Senate with what will bers of the committee. We had eight earlier, has been more cooperative with appear to be, at least it does to many, hearings over 5 weeks, and only one the committee’s investigation than a purely partisan attack on the Presi- hearing with a single witness in the any administration in memory. The dent? Or do you admit that the inves- last week of the hearings. White House has turned over 14,000 tigation has turned up no new evidence Mr. President, I also find it interest- pages of White House documents, and of illegal or unethical behavior and ing that last week the majority pro- the President and the First Lady’s per- risk the vocal wrath of those on the vided a preliminary witness list indi- sonal attorney have turned over in ex- fringes for whom the very absence of cating that it wanted to call as many cess of 10,000 to 20,000 pages of addi- proof is in itself evidence of a coverup? as 60 to 75 people as witnesses when tional documents. A true Hobson’s choice, in many ways, over a month ago, and before we heard for the majority leader and the major- from 15 witnesses, the chairman of the Furthermore, every administration ity. committee said in response to ques- official has been made available to the committee and has testified volun- At this point, I think it is appro- tions from myself and Senator SAR- tarily—every single one of them with- priate to ask if it was necessary for the BANES of Maryland that ‘‘we have iden- Senate to even reach this point. I do tified 60 potential witnesses.’’ That was out the promise of immunity that Con- not believe so. One of the key provi- on February 1, 1996, on page 84 of the gress was required to give members of sions of Senate Resolution 120 was a re- transcripts. As I mentioned, we have the previous administration during the quirement that the special committee heard from 15 witnesses since that Iran-Contra hearings. conclude its business by February 29, time, leading one to reasonably believe Many of us in the Senate well re- 1996. By adopting a date specific to ter- that we were down to calling 45 wit- member the actions of the previous two minate the special committee, the Sen- nesses, or less at this point. I say this administrations with respect to the ate as a body wisely—wisely—intended not to place the chairman of the spe- Iran-Contra investigation. Who can for- to eliminate the taint of partisan poli- cial committee in any embarrassing get the time we heard about high-level tics from the committee’s work and to position but to illustrate the fact that national security officials holding avoid the kind of pressures that come the bar keeps getting raised by the ma- shredding parties at the White House? from outside fringe groups that de- jority as to how much time they need In fact, the top two Reagan officials in mand a continuation of our work in to complete their inquiries. White House deleted over 5,000 e-mails perpetuity. That is why, unanimously, It would be one thing, of course, if we in the hours just before they both re- we agreed on that date. had no precedents to rely upon as far signed in disgrace from their positions; March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1577 5,000 e-mails were destroyed just hours ples of this, not just a few. But I par- another example along the lines of the before they submitted their resigna- ticularly remember when the majority 501 area code, which the Senator cited, tions. And yet we did those hearings in wanted to subpoena—listen to this—all of the problems we have confronted. 6 months. Who can forget the image of of the telephone records from the Now, as the Senator indicated ear- Fawn Hall stuffing sensitive documents White House to area code 501, which lier, I generally joined with the major- into her boots so they could be spirited just so happens to be the entire State ity in the various document requests, out of the White House before inves- of Arkansas—all of the telephone but I refused to do it in those few in- tigators could examine them? records of the entire State of Arkansas. stances in which the requests were so Many of us remember the changing That was the subpoena request. If you broad that they literally were not pos- memory of top officials who refused for think I am making this up, that is the sible reasonably to comply with. And 6 years to turn over documents to the kind of request we were getting. then, over time, eventually we were independent counsel, Lawrence Walsh, Senator KERRY of Massachusetts and able to narrow those down, put them in despite repeated demands to do so. I asked majority counsel for the basis a reasonable framework and then put None of that has happened here. of such a broad request, and let me them forward and get compliance. What have we received? We have re- quote from the hearing transcript. Now, the White House has now re- ceived as a good-faith effort by the Senator KERRY. That’s the entire State of sponded to every request that has been White House to comply with the innu- Arkansas. You want calls to the entire State made to them as of today with the ex- merable and frequently overly broad of Arkansas from the White House for 5 ception of two new requests made in requests of the special committee. Per- months? the last couple of weeks with respect to MAJORITY COUNSEL. I don’t know what the haps there would be more credibility to area code 501 encompasses. e-mails. These were additional e-mail the allegations if the documents that Senator DODD. It’s the entire State. You requests, beyond the ones that have have been turned over since January ought to know that before you put it in a previously been made. So there has offered startling new evidence of subpoena. been an effort on their part to comply wrongdoing, or if they contradicted There you have a case where here we with some of the most broad and previous testimony. But the fact is are subpoenaing an area code and coun- sweeping and onerous requests that I that all of these documents—yes, even sel says, I don’t know what it encom- think anyone could imagine. the ones we found just recently—con- passes. We are just going to throw the Mr. DODD. I appreciate my colleague firm the information that has been pro- net out here. You wonder why we are making that point. I wonder if my col- vided to the special committee in pre- frustrated and angry over how this is league would agree that it is not unrea- vious evidence; in every single case. proceeding. sonable for those who watch those Far from revealing the smoking gun, Ultimately, the subpoena was nar- kinds of requests to begin to question these documents provide exculpatory rowed, thanks to the efforts of the Sen- whether or not there is an intentional evidence that there was no illegal or ator from Maryland, to a legitimate desire to provoke a delay, knowing full unethical activity by the President or framework. But that small example, well that such a broad request is going the First Lady or administration offi- that one example I hope gives our col- to have to be unacceptable, so that cials. We have also been told by the leagues a flavor of the difficulty faced time is consumed narrowing the re- majority, citing the controversy over by the White House during these pro- quest to a reasonable level so that the producing the so-called Kennedy notes ceedings. It seems that every time the White House in this case can respond. I as a reason for why the committee can- majority makes a document request, it do not know how long my colleague ac- not complete its work on time. The starts out so broad that days or weeks tually spent in those cases to actually fact of the matter is that there was a of negotiations are necessary before narrow the subpoenas down to a rea- legitimate dispute between the com- the request can be complied with. sonable level. May I inquire. Was it mittee and the White House over the Thus, the question might not be why several days? legitimate claims of attorney-client the White House takes so long to com- Mr. SARBANES. Certainly. More privilege. To simply dismiss the White ply with the document requests but, than that. More than that. And the House concerns on this issue is nothing rather, why the majority consistently White House’s response to these overly more than obstructionism. But as chooses to frame those requests in a broad requests is, What can we do with Geoffrey Hazzard, a noted professor of way that ensures the maximum this? We have to get more rationality law, stated in a letter to the White amount of time will elapse before there into the request if we are to respond to House at the time of this controversy, can be compliance with the request. it in a reasonable period of time. and I quote from it: That is one of the reasons for the That has been one of the problems Presidents of both political parties have delay. throughout. asserted the privilege. This position is, in my Mr. SARBANES. Will the Senator Mr. DODD. I thank my colleague for opinion, correct reasoning from such prece- yield? that additional information which I dents as can be applied. Accordingly, the Mr. DODD. I will be glad to yield. had forgotten, but it is a very good President can properly invoke the attorney- Mr. SARBANES. Is the Senator fa- point indeed. Any communication to, client privilege. miliar with the request that was made was it 18 employees? Did I hear it cor- I am not trying to reopen the debate for all communications between any- rectly? on this issue which ended after mutu- one on the White House staff, current Mr. SARBANES. No, no, it was be- ally satisfactory negotiations with the or past, and 50 named individuals over tween anyone on the White House committee getting all the documents it an 18-month period on any subject staff—— had requested, but to put to rest an as- whatsoever? Let me repeat that. That Mr. DODD. Anyone? sertion that there was no basis for the was the initial request. For any com- Mr. SARBANES. Current or past, and White House to be concerned with inad- munication between anyone on the cur- 50 people, named people over an 18- vertently waiving the President’s right rent White House staff or past White month period on any subject matter to confidential communications with House staff and an enumerated list of whatsoever. That was the original re- their attorneys. more than 50 people over an 18-month quest. That was not the request that There are some observers who believe period on any subject whatsoever. And, was finally responded to because we that the entire controversy over the of course, the response to that is that were able, by working together, to nar- so-called Kennedy notes was orches- this is so broad it is just impossible to row the request in a way that we were trated by the majority to create a con- comply with. And eventually, by inter- able to limit the number of people, the flict within the White House over pro- action, and so forth, it was narrowed subject matter, and the time period so viding documents. The reason for that down to more relevant time periods, to it become manageable. belief is that there has been a strong more relevant individuals, and to more Mr. DODD. That is incredible. tendency on the part of the committee relevant subjects. And then, once that Mr. SARBANES. This was the origi- to make document requests that are so was done, we were able then in a rea- nal thing we were confronted with. broad as to make compliance virtually sonable period of time to get compli- Mr. DODD. I thank my colleague. I impossible. There are numerous exam- ance from the White House. But that is apologize. I thought it was 18. It was 18 S 1578 CONGRESSIONAL RECORD — SENATE March 6, 1996 months, every single employee, past or what Mr. Starr is doing down in Little pays attention to itself, is preoccupied present, in this administration over an Rock with a staff of 30 attorneys, 100 with itself, trying to get $30 million to 18-month period. investigators, and a cost to the tax- spend on hearings instead of looking Mr. SARBANES. On the White House payers of $1 million a month on top of into what is happening to our cities or staff, yes. the $26 million he has already spent. education or health care or joblessness Mr. DODD. I should complete my re- That would be a good inquiry, maybe in America. You could not get the marks at that particular point. I think extend these hearings. Maybe we ought votes here for that. But we will spend that makes the case. It is a better ex- to do an investigation of how that in- $30 million over 270 days, and 50 hear- ample than almost the entire area code vestigation is being done—$26 million. ings, on whether or not something hap- of a State. You have more lawyers down there pened in the 1980’s, 15 years ago, in Ar- Mr. President, another reason we than you do focused on organized crime kansas. have been given as to why the commit- in some of our major cities. The Amer- Then we wonder why there is rage in tee should be extended indefinitely— ican public might want to know how the country over how Washington does and let me emphasize this indefinite their tax money is being spent with its business. Well, you get a good taste extension—is that we must wait until that kind of an effort. of it now in this last Congress. Not one the independent counsel has completed Given the absence of any compelling hearing on Medicare. Whether you his trial of Governor Tucker, Jim factual basis to continue these hear- agree with the cuts or not, the fact McDougal and Susan McDougal, in Ar- ings, Mr. President, the alternative that we would propose cutting $240 bil- kansas. That trial is scheduled, after that we have proposed through the mi- lion out of the safety net for people’s several delays, to begin on March 4—in nority leader, Senator DASCHLE, I health care, and we do not even have a fact, it is underway—and to last from 6 think is more generous in allowing the hearing to look at it and examine it. to 10 weeks. committee to complete whatever task Oh, but we can spend 50 hearings on However, the idea of waiting for Mr. the majority feels must still be accom- this, 10 or 12 hearings on Waco, 15 hear- Starr’s trial to end is contrary to the plished. ings on Ruby Ridge. Boy, those are im- bipartisan position taken by the spe- You know, Mr. President, in some portant issues. That is just what the cial committee just a few months ago. ways I regret we did not do what the American public sent us here for. That minority had done back in 1987. In ret- On October 2 of last year, the chairman is how they want their money spent. rospect, maybe we should have had the and Senator SARBANES sent a letter to Now they want an unlimited amount of minority leader, Senator DASCHLE, ap- Mr. Starr. Let me quote from this let- time and a half a million more. And proach the majority last fall and ask to ter, if I may. This is from the chairman people say, wringing their hands, ‘‘Why wrap up these hearings early, as Sen- of the Whitewater Committee and Sen- are people so upset with Washington?’’ ator DOLE did in 1987. Remember what ator SARBANES, joint signatures. The Well, watch this spectacle over the I said earlier, the original termination letter says: next few days. You do not have to ask date was October of 1987. Senator DOLE If the special committee were to continue yourself the question. came in the spring and said, ‘‘Can’t we to defer its investigation and hearings, it We ought to wrap this up and get it get this done early, get it done by Au- would not be able to complete its task until over with. It has gone on too long. The gust, in order to avoid the campaign well into 1996. proposal by the minority leader, Sen- season of 1988? Can’t you get it done in They continued saying: ator DASCHLE, is a reasonable one—this August of 1987, not in October when it We have now determined that the special body ought not to take 10 minutes to gets into the campaign season?’’ committee should not delay its investigation debate it—5 more weeks, $185,000 to of the remaining matters specified in Senate Maybe we should have approached Resolution 120. We believe that the concerns the majority last fall and said, ‘‘How complete its work, and particularly as expressed in your letter do not outweigh the about getting this done earlier?’’ Then it is coming down, as everyone—every- Senate’s strong interest in concluding its in- maybe we might have finished around one—knows in the country. vestigation and public hearings into the February. Instead, we thought it was It is one thing to engage in politics matter specified in Senate Resolution 120 on the level. In fact, it was set at Feb- with your own money, but to engage in consistent with section 9 of the resolution. ruary 29 as a reasonable time, and then political activities with the taxpayers’ Section 9 of the resolution is the pro- because you may need a few extra days, money is insulting. It angers people. It vision that requires the special com- we have suggested 5 more weeks, al- makes them angry. They are right to mittee to complete its work by Feb- most a month and a half more of hear- be angry. They ought to be angry about ruary 29, 1996. ings, and an additional month to file this process and watch these votes So the committee is specifically on the report, and almost $200,000 more to when the votes come up and remember record, it is on record, as opposed to do it, not to mention the consultants’ how people vote on this, how quick delaying its work in order to accommo- fees that are going to be spent. they are to spend their money on this. date the trial going on in Arkansas. Our colleagues ought to know that I But how unwilling they are when it One cannot help but wonder what has think a substantial minority or maybe comes down to your health care or changed other than the political situa- a majority of the Senators on this side your kid’s education or your jobs. They tion to prompt the chairman to unilat- feel this should have ended on the 29th, are, ‘‘Oh, no, we can’t afford to do that. erally change his mind on this fun- and that is it. But because Senator We’ve got to balance the budget, but, damental issue. SARBANES and the majority leader and by God, we’ll spend the money on There is one critical fact that I hope others, myself included, made a case, this.’’ That is why people are angry in my colleagues will not lose sight of look, a few more days here, let us try, America. And I do not blame them. during the course of these debates, and and there are additional witnesses we So, Mr. President, I hope in the com- that is that our decision about extend- need; let us try to wrap this up. ing days here, over the next day or so, ing the committee will not affect the But I think many people here feel, as that we can reach an understanding investigation of the independent coun- the American public does by over- here that 5 weeks is plenty amount of sel by one iota. There are no limits, whelming majorities—they feel this time. We can hold a lot of hearings in none, on either the duration of Mr. has gone on too long—$30 million dol- 5 weeks. We can wrap this up and put it Starr’s investigation or its scope or its lars. It is their money we are spending behind us. It is unhealthy for this in- cost, for that matter—none whatso- on this. It is their money that is being stitution. It does damage to this insti- ever. As a matter of fact, the independ- spent on this, on this investigation tution. It does a disservice to the ent counsel recently requested and re- that has gone nowhere, shown nothing, American public. So I urge that we ceived permission to expand his inquiry uncovered nothing. Now they want half come to an agreement on this and to include matters from 1992 that were a million dollars more of your money move along. not originally part of his mandate. to spend on this, along with Mr. President, I yield the floor. I hope that those Senators who consultancy fees for an unlimited Mr. MURKOWSKI addressed the might worry that ending our investiga- amount of time. Chair. tion will somehow give the Clintons a You wonder why the American public The PRESIDING OFFICER (Mr. free ride will certainly want to know get sick and tired of how Washington SANTORUM). The Senator from Alaska. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1579 Mr. MURKOWSKI. I thank the Chair. But incredulously, the White House The Washington Post, March 4, enti- Mr. President, we heard a good deal documents just keep coming. March 1, tled ‘‘Twenty Months and Counting.’’ of rhetoric relative to the prevailing suddenly Bruce Lindsey’s documents It reads as follows: attitude of the American people. My are produced. Documents ‘‘inadvert- Twenty months and counting. That is the good friend from Connecticut has indi- ently were not produced previously. disdainful cry of Senate Democrats as they cated that the public has had enough March 2. White House produces 166 rise in opposition to the request of Senate and that clearly this side of the aisle is pages of documents of various adminis- Republicans for an open-ended extension of the now-expired Whitewater investigation. to blame for continuing the efforts in tration officials, including Lisa . . . The committee, for example, has been the Whitewater probe. Caputo, Neil Eggleston, Bruce Lindsey, having an exceedingly tough time obtaining I think my colleagues on the other Bernard Nussbaum, and Dee Dee subpoenaed documents or unambiguous tes- side of the aisle are either not listening Myers. timony from administration officials. Sel- to the American public or not reading March 5. Rose Law Firm documents dom have so many key witnesses had no the daily newspapers in the United produced. Documents were ‘‘just lo- earthly idea why they did what they did, cated.’’ wrote what they wrote, or said what they States. I have a list that was compiled said— a little while ago, just a very, very par- Mr. President, look at the facts. Or if they even remembered it at all. tial list, of the newspapers specifically Since the funding has expired, we have received three separate groups of docu- .. . White House aides keep dribbling down requesting extended hearings—the documents—suddenly and miraculously dis- Washington Times, the Washington mentation. Why did that occur? Well, covered—to the committee. Just when we Post, New York Times, the New York one can do some guessing. Perhaps think we’ve seen the last of the belated re- Post, the Times-Picayune, the Times there was some fear of the con- leases, one more turns up. The latest was Union. And in support of the hearings, sequences that occur from withholding Friday night, when one of the President’s there has been the same group of news- evidence? And perhaps memories were top aides, Bruce Lindsey, produced two pages papers. This is a very, very, very, very suddenly refreshed when those con- of notes that he had earlier told the sequences became more apparent. Whitewater committee he didn’t remember small list of those newspapers. taking. That represents public opinion, Mr. Mr. President, do not buy for a President. That represents the public’s minute the argument of the other side At issue today, as has been the case for some time, is whether the Clinton opinion in light of the overwhelming that somehow this debate is a Repub- administration has done anything to information that just keeps coming out lican plot, a partisan plot. Well, Mr. impede investigations by Congress or about Whitewater. So much of this in- President, finding answers to the many the independent counsel and whether formation just seems to be trickling unanswered questions about the Clintons engaged in any improper out of the White House, and the public Whitewater is not partisan politics. activities in Arkansas while he was wants answers. Let’s look at what the public thinks, as Governor and the First Lady was part- Let me refer specifically to what I reflected in many editorials from news- ner in the Rose law firm. Nothing ille- am talking about by referring to the papers across the nation. gal on their part has turned up yet. For chart behind me which clearly makes The Times Picayune: those who are inclined to dismiss any my point. Senate Democrats should think twice and everything that falls under the If one looks—I might just make a re- about filibustering to end the Whitewater in- label of Whitewater as just another po- flection on a comment that was made vestigation committee’s attempt to get to litical witch hunt, it is worth remem- in the book ‘‘Men of Zeal’’ by Senator the bottom of President and Mrs. Clinton’s involvement in Whitewater and related mat- bering that 16 people have been in- COHEN and former Majority Leader ters. The public would likely simply add dicted by Federal grand juries as a re- Mitchell. Senate Democrats to the list of participants sult of the independent counsel’s probe I quote: in a suspected coverup. and 9 have entered guilty pleas. Con- The committee’s deadline provided a con- I read on: gress doesn’t have the job of sending venient stratagem for those who were deter- But the Senate investigation has not mined not to cooperate. people to jail. But factfinding is part of popped up suddenly in this election year, it the congressional job description. The That, of course, is a commentary on began 20 months ago, and it’s sometimes Whitewater Committee should be em- the events surrounding the Iran-Contra snail’s pace has not had to do with dragging powered to do just that. hearings. it out until the election year but instead The St. Petersburg Times has an- But let us look at the record, Mr. with the White House’s determinedly evasive tactics. other interesting editorial. And again, President. And this, Mr. President, is Senate Republicans did not write these The White House, Mr. President, not why these hearings must be extended. editorials, Mr. President. Newspaper the Congress. The documents simply keep coming. In editors wrote these editorials; edi- August of 1995, The committee re- The White House pleads that it is cooperat- torials that I submit reflect the views quested documentation from the White ing, but although it has provided the com- mittee reams of requested documents, it still of many Americans. Let me quote the House. last portion of an editorial in the St. In October it was necessary to send a has not provided key documents that might clear the matter up, one way or the other. Petersburg Times, dated February 29: subpoena to the White House. The natural conclusion must be that the There are many . . . compelling reasons for January 5. The Rose Law Firm bill- Clintons have something to hide, and that if continuing the Senate work, including the ing records were produced. they do not want to make it public, it must criminal Whitewater proceedings that may Records discovered by Carolyn Huber not support the Clintons’ declarations that unearth important new facts. But the most in the White House personal residence they have done nothing illegal or unethical. important reason is also the most demo- in August 1995. It concludes: cratic: Ordinary citizens need to learn what all this is about, what this Whitewater talk January 29, 1996, and February 7. No matter how this might serve the Demo- Mark Gearan’s documents produced, is about. While Arkansas’ most powerful cou- cratic campaign interests, it would not serve ple, did the Clinton’s trade their public trust documents ‘‘inadvertently taken’’ from the public interest. That interest is having for private gain? Since going to Washington the White House. the facts, and only then can the public draw have the Clintons and their associates used February 13. Michael Waldman’s doc- its own conclusion. the power of the presidency to cover their uments produced. Documents found ‘‘in Mr. President, the editorial that I tracks? the course of an office move.’’ just read, is representative of many These are painful questions, and not Well, let us move to February. editorials across the United States. So, just for the Clintons. Americans de- February 20. Harold Ickes’ documents I ask again, is it only the Senate Re- serve a President they can trust, some- produced. Documents were ‘‘inadvert- publicans who wish to get answers one who embraces questions about in- ently overlooked’’ and Mr. Ickes was about Whitewater? It clearly is not. It tegrity instead of running from them. under ‘‘mistaken belief’’ that they had is the opinion of editorials across the If the answers make the Clintons’ cam- been produced earlier. nation, and these editorials reflect the paign more difficult, so be it. The February 29. Special committee fund- attitudes and opinions of the American search for answers can’t stop now. ing expires. And that, Mr. President, is public. Let’s look at some more edi- Let me quote the Washington Post of why we are here are today. torials: February 29, which is not a product of S 1580 CONGRESSIONAL RECORD — SENATE March 6, 1996 this side of the aisle by any means. I involvement with the defunct Whitewater latest was Friday night, when one of the read the last paragraph: Development Corp. and their business rela- president’s top aides, Bruce Lindsay, pro- tionships with other Arkansas figures in- duced two pages of notes that he had earlier What the Senate does not need is a Demo- volved in financial wrongdoing. But the Sen- told the Whitewater committee he didn’t re- cratic-led filibuster. Having already gone ate should require the committee to com- member taking. See what we mean? bail for the Clinton White House, often to an plete its work and produce a final report by At issue today, as it had been for some embarrassing degree, Senate Democrats a fixed date. time, is whether the Clinton administration would do themselves and the President little Democrats want to keep the committee on has done anything to impede investigations good by tying up the Senate with a talk- a short leash by extending hearings to April by Congress or the independent counsel and athon. Better that they let the probe pro- 3, with a final report to follow by May 10. A whether the Clintons engaged in any im- ceed. limited extension makes sense, but a unrea- proper activities in Arkansas while he was Again, whose idea is this, Mr. Presi- sonably short deadline does not. Five weeks governor and she was a partner in the Rose dent? This is public opinion throughout may not be enough time for the committee Law Firm. Nothing illegal on their part has the Nation through the editorial writ- to do a credible job. Instead, the Senate turned up yet. For those who are inclined to ers of some leading newspapers in this should give the committee more running dismiss any and everything that falls under room but aim for ending the entire proceed- the label of Whitewater as just another polit- country. ical witch hunt, it is worth remembering Mr. SARBANES. Will the Senator ings before summer, when the campaign sea- son really heats up. That would argue for that 16 people have been indicted by federal yield for just a moment on these two permitting the probe to continue through grand juries as a result of the independent Post editorials? April or early May. counsel’s probe and nine have entered guilty Mr. MURKOWSKI. I will yield at the What the Senate does not need is a Demo- pleas. Congress doesn’t have the job of send- conclusion of my brief statement. crat-led filibuster. Having already gone bail ing people to jail. But fact-finding is part of Mr. SARBANES. Would it be— for the Clinton White House, often to an em- the congressional job description. The Mr. MURKOWSKI. Please proceed. barrassing degree, Senate Democrats would Whitewater committee should be empowered Mr. SARBANES. I ask unanimous do themselves and the president little good to do just that, but within a reasonable time. consent that these two editorials from by tying up the Senate with a talkathon. Two additional months, with a right to show cause for more time, makes sense. the Washington Post, that were cited, Better that they let the probe proceed. Give the public some credit for knowing a witch Mr. MURKOWSKI. I have no objec- be printed in the RECORD, because one hunt and a waste of their money if and when of them says: tion to that. It was my intention to in- they see one. And that, of course, is the risk clude each of these editorials in their .. . the Senate should require the commit- Sen. D’Amato and his committee are taking. entirety, though I would like to point tee to complete its work and produce a final *** report by a fixed date. out that I only made reference to one Washington Post editorial. What I And later it says: [From the Washington Post, Mar. 4, 1996] TWENTY MONTHS AND COUNTING quoted to the President is what I be- That would argue for permitting the probe lieve reflects the difference between to continue through April or early May. That is the disdainful cry of Senate Demo- the two sides, the Democrats and Re- The other says: crats as they rise in opposition to the re- quest of Senate Republicans for an open- publicans. What is occurring today is a The Whitewater committee should be em- ended extension of the now-expired great deal of finger pointing, and un- powered to do just that . . . Whitewater investigation. After conducting fortunately the finger pointing will That is, factfinding within a reason- more than 50 days of public hearings involv- likely continue throughout this debate. able time and it suggests 2 additional ing 120 witnesses, taking 30,000 pages of depo- Today’s debate, Mr. President, re- months. sition testimony, collecting 45,000 pages of flects a process that has been initiated So both of these editorials reject the White House documents, spending more than by one side of the aisle. One side of the notion that we should have an indefi- $1.3 million, and compiling a casualty list of near financially destroyed administration of- aisle wishes to terminate the process nite extension of this hearing. ficials, what do Whitewater committee by preventing a vote on this resolution. I ask unanimous consent that the Chairman Alfonse D’Amato and his Repub- My concern is that the process that two editorials be printed in the lican colleagues have to show for it? the they have initiated is based upon mis- RECORD. Democrats ask. A good question, indeed. But construing the facts. Let me explain There being no objection, the edi- it’s not the only one to be answered in decid- what I mean. torials were ordered to be printed in ing whether to extend the life of the commit- I think the Senator from Connecticut the RECORD, as follows: tee. had used the figure of close to $30 mil- The committee has been working for more [From the Washington Post, Feb. 29, 1996] lion of taxpayers’ funds, suggesting than a year to gather the facts surrounding EXTEND, BUT WITH LIMITS the collapse of the federally insured Madison that somehow this is connected with We noted the other day that the White Savings and Loan in Little Rock, the in- the activities of our committee. Well, House—through its tardiness in producing volvement of Bill and Hillary Clinton in the that is not factual. long-sought subpoenaed documents—has defunct Whitewater Development Corp., and The Senate has spent $950,000 on the helped Senate Banking Committee Chairman the handling of documents and the conduct Whitewater investigation. The inves- Alfonse D’Amato make his case for extend- of White House officials and Clinton associ- tigation associated with the special ing the Whitewater investigation beyond to- ates in the aftermath of Deputy White House counsel, Ken Starr, has spent $23 mil- day’s expiration date. If one didn’t know any Counsel Vincent Foster’s suicide. lion through 1995. The RTC spent al- better, one might conclude that the adminis- Whitewater, in the hands of congressional tration’s Whitewater strategy was being de- Republicans and the independent counsel, is most $4 million. But to suggest by as- vised not by a White House response team now a much wider-ranging investigation that sociation that the Senate Whitewater but by the high command of the Republican seeks answers to a host of questions concern- Committee is responsible for this ex- National Committee. ing Washington-based actions taken after penditure is misleading, to say the However, despite the administration’s the administration was in office. least, and far from the disclosure that many pratfalls since Whitewater burst on- The committee, for example, has been hav- is appropriate in this body, where we stage, Sen D’Amato and his Republican col- ing an exceeding tough time obtaining sub- specifically identify each expenditure leagues have not provided compelling evi- poenaed documents or unambiguous testi- that is referenced. dence to support the entirely openended mony from administration officials. Seldom The reality is that the information mandate they are seeking from the Senate. have so many key witnesses had no earthly There are loose ends to be tied up and other idea why they did what they did, wrote what still keeps coming in, Mr. President. witnesses to be heard, as Republican Sen. they wrote, or said what they said—if they There is absolutely no denying that Christopher Bond said the other day. But owned that they even remembered at all. fact. I ask my colleagues to address dragging the proceedings out well into the Committee Republicans assert that dozens this issue. Is there a reasonable expla- presidential campaign advances the GOP’s of witnesses still must be examined. Some nation relative to why we would still political agenda; it doesn’t necessarily serve will not be available until their trials end. get material coming in when, clearly, the end of justice or the need to learn what That’s the major reason Sen. D’Amato gives the authority of the funding for the made the Madison Guaranty Savings & Loan for a lengthy open-ended extension. The next committee has expired? That is evi- of Arkansas go off the tracks at such enor- has to do with the way White House aides mous cost to American taxpayers. The Sen- keep dribbling documents—suddenly and mi- denced by the activity associated with ate should allow the committee to complete raculously discovered—to the committee. material that came in on March 1, 2, the investigative phase of its inquiry; includ- Just when we think we’ve seen the last of and 5. We may get some more material ing a complete examination of the Clinton’s the belated releases, one more turns up. The in today, tomorrow, or the next day. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1581 Now, that is why this process has to Mr. President, I see my colleague not know. What information the com- continue. At what time in the future waiting to speak. I will yield the floor mittee has been able to glean thus far will it be appropriate that we make a to him. since the records’ discovery is the fol- determination that enough is enough? The PRESIDING OFFICER. The Sen- lowing: Well, obviously, that is up to the mem- ator from Alabama [Mr. SHELBY] is rec- Mr. Foster’s handwriting is found all bership of this body and whether this ognized. over the billing records in red ink. body is satisfied with the work of the Mr. SHELBY. Mr. President, I think Mr. Foster’s writing appears to direct committee. But it is fair to say, Mr. it is very important that we continue questions to the First Lady about her President, that the American public to fund the committee’s work for a billings of Madison Savings & Loan. feels that this process should continue. couple of pretty obvious reasons. For Mr. Foster was the last person that The American public is knowledgeable one, documents are turning up like we know of that had possession of enough to be aware that once there is wildflowers everywhere. Every week or these records after the 1992 Presi- a date certain, the committee will face so, the Whitewater Committee receives dential campaign. And the records were delay after delay from the White a pile of ‘‘mistakenly overlooked docu- found on a table in the book room of House. It’s a pattern that has been well ments’’ from the White House. the personal residence of the White established. Witnesses and document Mr. President, how is it that mistak- House sometime in late July or early production would likely be enly overlooked Whitewater files la- August. nonresponsive until shortly before the beled ‘‘Whitewater Development Cor- Mr. President, the committee thus committee’s next deadline. If today poration,’’ or that they fail to ensure has a sense of who may have had the this body sets a date certain of when that notes they took in meetings dedi- records last, but no answers to the the investigation would end, I believe cated exclusively to the discussion of who, what, where, and when of the bill- that much of the information that the Whitewater, as part of a Whitewater ing records’ reappearance. We need committee would attempt to obtain damage control response team, are not that information. More important is would never be given the light of day. produced as part of the subpoena’s re- still what remains unanswered, like, Furthermore, there is a trial starting quest? for example, how did the billing in Little Rock. The relevance of that Mr. President, if you were going to records end up in the White House per- trial to this committee’s action has yet comply with a subpoena that is seeking sonal residence? to be addressed, but it is legitimate documents related to Whitewater, Where have they been for the past 2 and should be part of the ongoing con- would you not start with a Whitewater years while they have been under sub- sideration. We all know that there may response team? It is obvious that you poena? be individuals in that trial that should would. Were the records in Mr. Foster’s of- come before our committee and give Mr. President, that would seem to be fice when he died? If so, who took cus- their testimony. We may have some the minimum in terms of compliance, tody of these records after Mr. Foster’s penetrating questions for them. I can would it not? Frankly, I am surprised death? certainly say that those of us on this that we are even debating today wheth- Finally, and most important, who side have several questions that we er to continue funding for the Special left the billing records on the table in would like to ask, if given the oppor- Committee To Investigate Whitewater. the book room of the White House resi- tunity. We hope that opportunity will Mr. President, it was only a little more dence? be extended. But, unfortunately, we do than a month ago that the committee As the New York Times so aptly not know when that trial is going to be first learned of the existence of billing noted in its February 17, 1996, editorial, concluded. ‘‘Inanimate objects do not move them- So we could go on and on here with records that had been under subpoena selves, we all know that.’’ justifications for legitimatizing this for over 2 years. What was incredible These are serious questions, Mr. process. However, bottom-line, we have about their discovery, Mr. President, President, questions that the commit- a responsibility as U.S. Senators of was that these billing records were dis- tee and the public deserve answers to. oversight; a responsibility to complete covered by a White House aide in the There is nothing partisan or politically the work that was authorized by 96 personal residence of the White House, motivated about trying to uncover the Senators. And to suggest that we do probably one of the most secure places anything less than that, or restrict in the world. circumstances surrounding the much ourselves to a date certain, is abso- Mr. President, documents do not belated discovery of records under sub- lutely irresponsible. I think a majority have legs. They cannot walk. They poena for over 2 years. Indeed, answers of the Members of this body recognize have to have somebody to carry them. to these questions, I believe, are that for what it is and are prepared to The White House can argue that the central to the committee’s investiga- support a continuation of the commit- billing records support the First Lady’s tion. tee’s activities, without a date certain. prior statements until the cows come If Mr. Foster did, in fact, have these Let us face it, it is a political year. home. They can argue about what the records in his possession as of his trag- We all know that. But we all have an word ‘‘significant’’ means, or about ic death, how did they move, Mr. Presi- obligation in our conscience to address what ‘‘minimal’’ means. They can re- dent, from the White House counsel’s the responsibility associated with our write Webster’s if they want to. But, office to the personal residence? Obvi- office, and that is to do the best job Mr. President, that will not change the ously, not on their own motion. Testi- possible, recognizing the human limi- fact that these records we are talking mony given before the committee tations associated with an investiga- about were under subpoena for close to about the Foster office search and tion of this type and the realization 2 years and were not produced during movement of files to the personal resi- that each person has to vote his or her that time. Regardless of motive, some- dence leads us to some sense of how own conscience. Mr. President, that is one had custody of these records while they may, Mr. President, have made an obligation and trust that has been they were under subpoena and chose their way to the book room. The com- given to us by our constituents and one not to produce them. mittee heard testimony from a Secret we do not take lightly. Mr. President, the mysterious ap- Service officer who swore that he saw So we may differ on the merits rel- pearance of these records prompted the Maggie Williams, the First Lady’s ative to the political consequences, but independent counsel to subpoena the chief of staff, carrying documents out we have a job to do, and it would be ab- First Lady to testify before the grand of Mr. Foster’s office the night of his solutely irresponsible to suggest that jury. This unprecedented action by the death. Phone records obtained by the we can set a time certain for that job independent counsel, I believe, under- committee, Mr. President, showed a to cease, especially in light of the fact scores the seriousness and the impor- spate of early morning phone calls be- that the committee has had three sepa- tance of the billing records’ reappear- tween Ms. Williams, the First Lady, rate submissions of subpoenaed mate- ance to this committee’s investigation. Susan Thomases, and Bernie Nuss- rials that came in after February 29, What we do know about the billing baum, immediately preceding Mr. 1996—the date when this investigation records is this. Certainly, what we do Nussbaum’s decision to renege on his was to cease. know is certainly less than what we do agreement with the Deputy Attorney S 1582 CONGRESSIONAL RECORD — SENATE March 6, 1996 General of the United States, Mr. munications, mistakes, mismanage- Senator SHELBY. You did not. Heymann, on how the search of Mr. ment, and general bungling as an ex- Mr. HEYMANN. You’d asked me to describe Foster’s office would be conducted. cuse by the White House for not pro- what the understanding was, Senator Shel- by. A senior White House aide testified ducing documents that we are legiti- Senator SHELBY. Yes, sir, that’s right. You that the day of the search, Mr. Nuss- mately entitled to. I think it is time go ahead. baum, White House counsel at that for answers, not excuses. Mr. HEYMANN. The understanding was that time, told him of his concerns coming Indeed, Mr. President, the White they would see, these two senior prosecutors, from the First Lady—told of concerns House’s lack of cooperation and not the investigators, but the prosecutors coming from the First Lady and Susan forthcomingness, its defensive posture would see enough of every document to be able to determine whether it was relevant to Thomases—about law enforcement offi- and its behavior in response to the le- the investigation or not. Now, I’ve been cials having unfettered access to Mr. gitimate congressional and law en- handed some pages from my transcript, but Foster’s office. forcement inquiries has led us to where let’s assume this is a document, it’s about 30 Department of Justice officials have we are today. The White House’s han- pages long. They would look at this and it testified before the committee as to dling of the documents in Mr. Foster’s says ‘‘deposition of Philip Heymann, re: suspicions and concerns that began to office after his death and its continued Whitewater,’’ and they would know that that arise after the White House reneged on and persistent pattern of obstruction didn’t seem to have anything, any likely an agreement on how Mr. Foster’s of- and evasion perpetuate the belief they bearing on the cause of Vince Foster’s death. fice would be searched—suspicion and If need be, they might have to look a page or have something to hide. two into it. But the object was to maintain concerns, Mr. President, that prompted Last summer, the committee heard the confidentiality of White House papers to the Deputy Attorney General of the testimony about the search of Mr. Fos- the largest extent possible with satisfying United States at that time, Mr. Philip ter’s office after his death. I want to ourselves that we were learning of every po- Heymann, to ask the then White House briefly read from the committee tran- tentially relevant document. counsel, Mr. Bernie Nussbaum, ‘‘Are script testimony we heard from Deputy If there was a relevant document, it would you hiding something?’’ A White House Attorney General Philip Heymann, be- be set aside in a separate pile. If the White aide testified that later on in the day House counsel’s office believed that it was cause I believe it clearly reveals why entitled to executive privilege, and therefore of the search of Mr. Foster’s office, he this committee and many Americans should not be turned over to us, we would assisted Ms. Williams in carrying boxes continue to believe that the White then have to resolve that: There would be a of materials from Mr. Foster’s office to House has not been truthful about separate pile of documents; some relevant the personal residence, during which what went on in the hours following and would go directly to the investigators time Mrs. Williams offered the expla- Mr. Foster’s death. some relevant but executive privilege nation that the materials were per- Mr. President, I ask unanimous con- claims, in which case we would have to re- sonal documents that needed to be re- sent that the entire script beginning on solve it perhaps with the assistants of the viewed by the Clintons. pages 41 of Mr. Heymann’s testimony legal counsel’s office of the Justice Depart- ment. Mr. President, Ms. Williams testified be printed in the RECORD. Senator SHELBY. Mr. Heymann, did you that documents were moved from Mr. There being no objection, the mate- contemplate that this would be done jointly Foster’s office to a closet on the third rial was ordered to be printed in the or just done by the White House counsel? floor, to the personal residence of the RECORD, as follows: Mr. HEYMANN. I thought it was essential, White House, where they were later re- EXCERPTS OF TESTIMONY OF DEPUTY Senator Shelby, that it be done jointly with viewed and collected by the Clintons’ ATTORNEY GENERAL HEYMANN these two prosecutors being able to satisfy themselves, and through them satisfy the in- personal attorneys. This testimony, Senator SHELBY. Okay. At some point on vestigative agencies that whatever might be the 21st, it was determined that Roger Mr. President, in conjunction with the relevant was being made available to us. belated discovery of the billing records Adams and David Margolis would be sent Senator SHELBY. That it would be a bona and other Whitewater documents, has over to the White House, as I said, to review fide investigation and not a sham; is that only fueled suspicions that the White documents regarding the relevance and right? privilege dealing with the Foster investiga- Mr. HEYMANN. Well, I don’t—— House has not been truthful about the tion, you said that are right. search of Mr. Foster’s office after his Senator SHELBY. Or be a bona fide inves- Mr. HEYMANN. That’s correct, Senator tigation. death. Shelby. Mr. HEYMANN. That it would be an en- Mr. President, the many unanswered Senator SHELBY. And the scope of this re- tirely—it would be a review of documents questions that remain are in truth due view, according to your notes, would be look- that would be entirely credible to us, to the in large part to the lack of cooperation ing for anything to do with this violent investigators and to the American public. and evasive tactics coming from the death. You want to refer to your notes? Senator SHELBY. Okay. Your notes men- White House. While the committee has Mr. HEYMANN. Yes, I have my notes here tion, I believe, Mr. Heymann, that Steve and that’s correct. undertaken to conduct its investiga- Neuwirth objected to this agreement, but Senator SHELBY. Is that correct? that Mr. Nussbaum agreed with Margolis tion expeditiously, events like the Mr. HEYMANN. That’s correct. that it was a done deal; is that correct? You mysterious discovery of the billing Senator SHELBY. And it was—was it your want to refer—— records, the miraculous location of understanding by the end of the 21st that an Mr. HEYMANN. That is what they reported over 100 pages of notes from top White agreement or understanding had been to me when Mr. Margolis and Mr. Adams re- House aides and Whitewater damage reached between the Department of Justice, turned that evening, the evening of Wednes- control team members, undermine the the Park Police and the White House over day the 21st, to the Justice Department. how the search would be conducted, the Senator SHELBY. What do your notes re- committee’s ability to conduct a time- search of the deputy counsel’s office? flect, I was paraphrasing them? ly and thorough investigation. Mr. HEYMANN. Yes, Senator Shelby, in the Mr. HEYMANN. It said they discussed the Mr. President, these documents have sense that we all had agreed on how it would system that had been agreed upon, I just de- been under subpoena, as I said, for over be done. And in what I still think was a very scribed it to you. BN that stands for Mr. 2 years, and they only now, Mr. Presi- sensible way—— Nussbaum, agreed. SN, that stands for Steve dent, surface with explanations that Senator SHELBY. Would you relate what Neuwirth, said no. We shouldn’t do it that confound credibility, such as ‘‘Sorry, you recall of how the—what you agreed to or way. The Justice Department attorneys thought you had agreed to? mistakenly overlooked.’’ ‘‘Didn’t know shouldn’t have direct access to the files. Mr. HEYMANN. I’d be happy to. I just want- David Margolis, the Justice Department at- you were looking for notes of those ed to make clear, Senator Shelby, I didn’t torney, said it’s a done deal and Mr. Nuss- Whitewater meetings.’’ Or, ‘‘I thought feel that I had a binding commitment by Mr. baum at that point said yes, we’ve agreed to they were already turned over to the Nussbaum or anyone else. We simply all had that. White House counsel.’’ talked about it by then and we all were on Senator SHELBY. Was it important to you Mr. President, the excuses are too the same track, we all were on the same and to the Department of Justice that you little, and I believe they are too late. page, we all thought it would be done in the represented that the documents be reviewed ‘‘No harm, no foul’’ just will not work way I’m about to describe. independently, is that why it was important Senator SHELBY. Did you think when you for the White House anymore. The that the Department of Justice look for rel- sent Mr. Adams and Mr. Margolis over there evance and privilege jointly in this under- committee and the independent coun- that it would turn into an adversarial rela- taking? sel will not and cannot, Mr. President, tionship or something close to that? Mr. HEYMANN. Yes, Senator Shelby. Again, accept misunderstandings, miscom- Mr. HEYMANN. No, I did not. I did not think it was necessary and do not March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1583

think it was necessary to review documents Mr. HEYMANN. He never indicated in any ing, and then they did a correction on that which we could quickly determine had no way who he was going to discuss this with, when someone objected, maybe it was your relevance to Vince Foster’s death. So our at- nor has he ever. office? torneys would not have looked at those, that Senator SHELBY. Just the phrase I’m going Mr. HEYMANN. The following morning it was a clear part of the understanding. Or to talk to somebody? was called to my attention that they had pages, yeah. Mr. HEYMANN. I’m—just the notion was I said that the Justice Department and the Senator SHELBY. I didn’t say. I understand have to talk to other people about this. I had FBI—I now know it—in the press release it that you received a call from David Margolis obviously shaken him enough that he wanted said—well, whatever it was, the Justice De- the next morning from the White House to consider whether he should come back to partment along with the FBI and the Park about the search; is that correct? You want what we had agreed to the day before on the Police had supervised the review of docu- to refer to your notes? 21st, but there were other people involved ments. Mr. HEYMANN. That’s correct, Senator that he had to talk to about that. Senator SHELBY. Was that a CBS News re- Shelby. Senator SHELBY. Was it your impression, port? Senator SHELBY. What was this call about? Mr. Heymann, then that Mr. Nussbaum Mr. HEYMANN. What I was shown at my Mr. HEYMANN. He and Roger Adams had would get back to you before any review of deposition, Senator Shelby, was, I think, a gone over with the Park Police and the FBI the documents in the White House was con- piece from the Washington Post. I directed to do the review we planned. ducted? that the Department of Justice put out a Senator SHELBY. This was pursuant to the Mr. HEYMANN. He said to me specifically correction that we had not supervised, that understanding you had with Mr. Nussbaum? don’t call Adams and Margolis back to the we had simply been there as observers while Mr. HEYMANN. Pursuant to the understand- ing of the 21st. Justice Department. I’ll get back to you. the investigation was carried out—while the Senator SHELBY. Okay. Senator SHELBY. Did he ever call you search was carried out by the White House Mr. HEYMANN. Mr. Margolis told me that back? counsel. Mr. Nussbaum had said to me that they had Mr. HEYMANN. He never called me back. Mr. SHELBY. Mr. President, this was Senator SHELBY. Did you ever consent to changed the plan, that only the White House a question that this Senator asked Mr. counsel’s office would see the actual docu- the change in the plan in how the search HEYMANN when he was before the com- ments. Mr. Margolis had asked Mr. Nuss- would be conducted, Mr. Heymann? baum whether that had been discussed with Mr. HEYMANN. I did not. mittee. me and Mr. Nussbaum had said no. I told Mr. Senator SHELBY. Did David Margolis or Senator SHELBY. Was it your understand- Margolis at that point to put Mr. Nussbaum any other law enforcement official have an ing by the end of the 21st that an agreement on the phone, and I was—— impression of whether the Department of or understanding had been reached between Senator SHELBY. Did he get on the phone? Justice had consented to this search? the Department of Justice, the Park Police Mr. HEYMANN. He got on the phone. Mr. HEYMANN. Mr. Margolis was clear that and the White House over how the search Senator SHELBY. What did you say to him? the Department of Justice had not consented would be conducted, the search of the deputy Mr. HEYMANN. I told him that this was a to the changed arrangement. It was—he ob- counsel’s office? terrible mistake. viously thought that he was to remain, even Mr. HEYMANN. Yes, Senator Shelby, in the Senator SHELBY. Terrible mistake. Go if it was changed, because he did remain, but sense that we all had agreed on how it would ahead. he knew that we had not consented to the be done. And in what I still think was a very Mr. HEYMANN. Well, please don’t—— changed arrangement and did not approve of sensible way—— Senator SHELBY. That was your words; is it. Senator SHELBY. Would you relate what that right? Senator SHELBY. You later found out, sir, you recall of how the—what you agreed to or Mr. HEYMANN. Yeah—no, no, please don’t that the search was conducted with Mr. assume that what I now paraphrase would be thought you had agreed to? Nussbaum calling the shots that night; is Mr. HEYMANN. I’d be happy to. I just want- the words I actually used. This is 740 days that right? ed to make clear, Senator Shelby, I didn’t ago and it would be quite unreliable to think Mr. HEYMANN. That’s correct. feel that I had a binding commitment by Mr. they’re the exact words. I remember very Senator SHELBY. Did you talk to Mr. Nuss- Nussbaum or anyone else. We simply all had clearly sitting in the Deputy Attorney Gen- baum after that? talked about it by then and we all were on eral’s conference room picking up the phone Mr. HEYMANN. I found that out at about— the same track, we all were on the same in that very big room. I remember being very when Mr. Margolis and Mr. Adams returned page, we all thought it would be done in the angry and very adamant and saying this is a the evening of the 22nd—— way I’m about to describe. bad—this is a bad mistake, this is not the Senator SHELBY. Returned to your office? Senator SHELBY. Did you think when you right way to do it, and I don’t think I’m Mr. HEYMANN. Returned to my office, I sent Mr. Adams and Mr. Margolis over there going to let Margolis and Adams stay there went home to an apartment we were renting that it would turn into an adversarial rela- if you are going to do it that way because then and I picked up the phone and I called tionship or something close to that? they would have no useful function. It would Mr. Nussbaum and I told him that I couldn’t Mr. HEYMANN. No, I did not. simply look like they were performing a use- imagine why he would have treated me that Senator SHELBY. You did not. ful function, and I don’t want that to hap- way. How could he have told me that he was Mr. HEYMANN. You’d asked me to describe pen. going to call back before he made any deci- what the understanding was, Senator Shel- The CHAIRMAN. You told this to the coun- sion on how the search would be done and by. sel? then not call back? Senator SHELBY. Yes, sir, that’s right. You Senator SHELBY. You told this to Nuss- Senator SHELBY. What did he say to that? go ahead. baum; is that correct? Mr. HEYMANN. I don’t honestly remember, Mr. HEYMANN. The understanding was that Mr. HEYMANN. I told this to Mr. Nussbaum. The CHAIRMAN. But you volunteered this? Senator Shelby. He was, again, polite. He they would see, these two senior prosecutors, In other words, it did not come from Mr. didn’t—there was no explanation given that not the investigators, but the prosecutors Margolis or Mr. Adams? This was your say- I would remember. And I remember saying to would see enough of every document to be ing I’m not going to keep them here if him, Bernie, are you hiding something. And able to determine whether it was relevant to this—— he said no, Phil, I promise you we’re not hid- the investigation or not. Now, I’ve been Mr. HEYMANN. I suspect, Senator D’Amato, ing something. handed some pages from my transcript, but that when I talked to Mr. Margolis in the Senator SHELBY. Did you say to him—and let’s assume this is a document, it’s about 30 same phone conversation shortly before I you can refer to your notes if you like—Mr. pages long. They would look at this and it asked him to put Mr. Nussbaum on the phone Nussbaum, you misused us? What did you—if says ‘‘deposition of Philip Heymann, re: he would have said to me something like we you said that, what did you mean by that? Whitewater,’’ and they would know that that have no useful role here, and it would—I Do you believe then that the White House didn’t seem to have anything, any likely would have picked it up from that, and I had something to hide or was worried about bearing on the cause of Vince Foster’s death. would have said I don’t think I’m going to the investigation? What was your impres- if need be, they might have to look a page or keep them there. Mr. Nussbaum was, as al- sion? two into it. But the object was to maintain ways, entirely polite and he said—he was Mr. HEYMANN. Well, when I said you mis- the confidentiality of White House papers to taken back by my anger and by the idea that used us, or something like that, I meant that the largest extent possible with satisfying I might pull out the Justice Department at- he had used Justice Department attorneys in ourselves that we were learning of every po- torneys and he said I’ll have to talk to some- a way that suggested that the Justice De- tentially relevant document. body else about this or other people about partment was playing a significant role in If there was a relevant document, it would this, and I’ll get back to you, Phil. reviewing documents when they had come be set aside in a separate pile. If the White Senator SHELBY. Did he tell you who he back and told me they felt like they were House counsel’s office believed that it was was going to talk to? not playing any useful role there. entitled to executive privilege, and therefore Mr. HEYMANN. He did not tell me who he Senator SHELBY. Did you know later that should not be turned over to us, we would was going to talk to. the White House had issued a statement that then have to resolve that? There would be a Senator SHELBY. He didn’t tell you or indi- Justice—something to the effect that the separate pile of documents; some relevant cate it was the President of the United Justice Department was involved in the re- and would go directly to the investigators States or the First Lady? view of the documents and not just observ- some relevant but executive privilege S 1584 CONGRESSIONAL RECORD — SENATE March 6, 1996 claims, in which case we would have to re- Senator SHELBY. What did you say to him? script that has been made a part of the solve it perhaps with the assistants of the Mr. HEYMANN. I told him that this was a RECORD here. legal counsel’s office of the Justice Depart- terrible mistake. Why should we extend the ment. Senator SHELBY. Terrible mistake. Go Whitewater Committee? Let us look at Senator SHELBY. Mr. Heymann, did you ahead. some other things. The Senator from contemplate that this would be done jointly Mr. HEYMANN. Well, please don’t—— or just done by the White House counsel? Senator SHELBY. That was your words; is Alaska talked about some editorials Mr. HEYMANN. I thought it was essential, that right? from some of the leading newspapers in Senator Shelby, that it be done jointly with Mr. HEYMANN. Yeah—no, no, please don’t the country and I want to expand on these two prosecutors being able to satisfy assume that what I now paraphrase would be them a little bit. themselves, and through them satisfy the in- the words I actually used. This is 740 days For example, the Washington Post vestigative agencies that whatever might be ago and it would be quite unreliable to think editorial that I have here by my point- relevant was being made available to us. they’re the exact words. I remember very er, it says, on February 25, ‘‘Extend the Senator SHELBY. That it would be a bona clearly sitting in the Deputy Attorney Gen- fide investigation and not a sham; it that eral’s conference room picking up the phone Whitewater Committee.’’ right? in that very big room. I remember being very For an administration that professes to Mr. HEYMANN. Well, I don’t—— angry and very adamant and saying this is a want a quick end to the Senate Whitewater Senator SHELBY. Or be a bona fide inves- bad—this is a bad mistake, this is not the hearings before the election year gets into tigation. right way to do it, and I don’t think I’m full swing, the Clinton White House seems to Mr. HEYMANN. That it would be a en- going to let Margolis and Adams stay there be doing everything in its power to keep the tirely—it would be review of documents that if you are going to do it what way because probe alive. would be entirely credible to us, to the inves- they would have no useful function. It would Think about it, this is the Washing- tigators and to the American public. simply look like they were performing a use- ton Post, not a Republican newspaper Senator SHELBY. OK. Your notes mention, ful function, and I don’t want that to hap- I believe, Mr. Heymann, that Steve Neuwirth by any means. pen. Another editorial that I want to refer objected to this agreement, but that Mr. The CHAIRMAN. You told this to the coun- Nussbaum agreed with Margolis that it was sel? to here from the New York Times enti- a done deal; is that correct? You want to Senator SHELBY. You told this to Nuss- tled ‘‘The Whitewater Paper Chase’’; refer—— baum; is that correct? February 17, 1996. Mr. HEYMANN. That is what they reported Mr. HEYMANN. I told this to Mr. Nussbaum. The excitement of Iowa and New Hamp- to me when Mr. Margolis and Mr. Adams re- The CHAIRMAN. But you volunteered this? shire has diverted attention from the Senate turned that evening, the evening of Wednes- In other words, it did not come from Mr. Whitewater committee and its investigation day the 21st, to the Justice Department. Margolis or Mr. Adams? This was your say- into the Rose Law Firm’s migrating files. Senator SHELBY. What do your notes re- ing I’m not going to keep them here if Naturally this pleases the White House and flect, I was paraphrasing them? this—— its allies, who hope to use [this time] . . . to Mr. HEYMANN. It said they discussed the Mr. HEYMANN. I suspect, Senator D’Amato, let their ‘‘so what’’ arguments take root. system that had been agreed upon, I just de- that when I talked to Mr. Margolis in the scribed it to you. BN that stands for Mr. This is the New York Times saying same phone conversation shortly before I we should extend the investigation of Nussbaum, agreed. SN, that stands for Steve asked him to put Mr. Nussbaum on the phone Neuwirth, said no. We shouldn’t do it that he would have said to me something like we Whitewater. way. The Justice Department attorneys have no useful role here, and it would—I Another editorial, January 25, 1996, shouldn’t have direct access to the files. would have picked it up from that, and I in the New York Times. Headline in David Margolis, the Justice Department at- would have said I don’t think I’m going to the editorial section, ‘‘Extend the torney, said it’s a done deal and Mr. Nuss- keep them there. Mr. Nussbaum was, as al- Whitewater Committee.’’ Why? Be- baum at that point said yes, we’ve agreed to ways, entirely polite and he said—he was cause the public has a right to know. It that. taken back by my anger and by the idea that says: Senator SHELBY. Was it important to you I might pull out the Justice Department at- The committee and its chairman need to and to the Department of Justice that you torneys and he said I’ll have to talk to some- be mindful of the appearance of political ma- represented that the documents be reviewed body else about this or other people about neuvering, but recent events argue strongly independently, is that why it was important this, and I’ll get back to you, Phil [meaning against too arbitrary or too early a deadline. that the Department of Justice look for rel- Phil Heymann]. evance and privilege jointly in this under- Senator SHELBY. Did he tell you who he That is what we are talking about taking? was going to talk to? here. Mr. HEYMANN. Yes, Senator Shelby. Again, Mr. HEYMANN. He did not tell me who he Subpoenas were ignored. Perhaps the I did not think it was necessary and do not was going to talk to. files will also show that there was no think it was necessary to review documents Senator SHELBY. He didn’t tell you or indi- which we could quickly determine had no coverup associated with moving and cate it was the President of the United storing these files. But inanimate ob- relevance to Vince Foster’s death. So our at- States or the First Lady? torneys would not have looked at those, that Mr. HEYMANN. He never indicated in any jects, as I said earlier, do not move was a clear part of the understanding. Or way who he was going to discuss this with, themselves. So it is pointless to ask pages, yeah. nor has he ever. Senators and the independent prosecu- Senator SHELBY. I didn’t say. I understand Senator SHELBY. Just the phrase I’m going tors to fold their inquiry on the basis that you received a call from David Margolis to talk to somebody? of the facts that have emerged so far. the next morning from the White House Mr. HEYMANN. I’m—just the notion was I To do so would be a dereliction of our about the search; is that correct? You want have to talk to other people about this. I had to refer to your notes? duties. obviously shaken him enough that he wanted Mr. President, I have additional edi- Mr. HEYMANN. That’s correct, Senator to consider whether he should come back to Shelby. what we had agreed to the day before on the torials that have run throughout this Senator SHELBY. What was this call about? 21st, but there were other people involved country. Mr. HEYMANN. He and Roger Adams had that he had to talk to about that. USA Today, January 10, 1996, ‘‘Clin- gone over with the Park Police and the FBI Senator SHELBY. Was it your impression, tons owe answers about First Lady’s to do the review we planned. Mr. Heymann, then that Mr. Nussbaum role. Newly released documents reveal Senator SHELBY. This was pursuant to the would get back to you before any review of troubling inconsistencies. The public understanding you had with Mr. Nussbaum? the documents in the White House was con- Mr. HEYMANN. Pursuant to the understand- deserves the whole story.’’ That is ducted? ing of the 21st. what this is all about. Mr. HEYMANN. He said to me specifically Senator SHELBY. Okay. don’t call Adams and Margolis back to the Additionally, ‘‘The Whitewater Com- Mr. HEYMANN. Mr. Margolis told me that Justice Department. I’ll get back to you. mittee,’’ the Washington Times edi- Mr. Nussbaum had said to me that they had Senator SHELBY. Did he ever call you torial, February 27. changed the plan, that only the White House back? There are plenty of documents the White counsel’s office would see the actual docu- Mr. HEYMANN. He never called me back. House still has not released; and there are ments. Mr. Margolis had asked Mr. Nuss- Senator SHELBY. Did you ever consent to plenty of witnesses still to be questioned; baum whether that had been discussed with the change in the plan in how the search there are also many witnesses whose testi- me and Mr. Nussbaum had said no. I told Mr. would be conducted, Mr. Heymann? mony was so misleading or incomplete that Margolis at that point to put Mr. Nussbaum Mr. HEYMANN. I did not. they need to be re-questioned. on the phone, and I was—— Senator SHELBY. Did he get on the phone? Just think about it a minute. This is Attempts by the administration to Mr. HEYMANN. He got on the phone. the beginning of it shown in this tran- frustrate the work of the committee, I March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1585 think, are not going to work. We need dence to support the entirely open-ended mony from administration officials. Seldom to extend the Whitewater inquiry, poli- mandate they are seeking from the Senate. have so many key witnesses had no earthly tics notwithstanding. We need to move There are loose ends to be tied up and other idea why they did what they did, wrote what to the next step. witnesses to be heard, as Republican Sen. they wrote, or said what they said—if they Christopher Bond said the other day. But owned that they even remembered at all. Mr. President, you cannot always dragging the proceedings out well into the Committee Republicans assert that dozens agree with some of these papers. I do presidential campaign advances the GOP’s of witnesses still must be examined. Some not always agree with the New York political agenda; it doesn’t necessarily serve will not be available until their trials ends. Times, the Washington Post, and oth- the ends of justice or the need to learn what That’s the major reason Sen. D’Amato gives ers. But the New York Times and the made the Madison Guaranty Savings & Loan for a lengthy open-ended extension. The next Washington Post for a lot of people, of Arkansas go off the tracks at such enor- has to do with the way White House aides mous cost to American taxpayers. The Sen- keep dribbling documents—suddenly and mi- rightly or wrongly, are conventionally raculously discovered—to the committee. viewed as vanguards of good govern- ate should allow the committee to complete the investigative phase of its inquiry, includ- Just when we think we’ve seen the last of ment, and I would venture to say can ing a complete examination of the Clintons’ the belated releases, one more turns up. The hardly be characterized as supporters involvement with the defunct Whitewater latest was Friday night, when one of the of Republican partisanship. Development Corp. and their business rela- president’s top aides, Bruce Lindsay, pro- After reviewing everything that has tionships with other Arkansas figures in- duced two pages of notes that he had earlier gone on in the Whitewater committee, volved in financial wrongdoing. But the Sen- told the Whitewater committee he didn’t re- member taking. See what we mean? the mysterious disappearance of files, ate should require the committee to com- plete its work and produce a final report by At issue today, as it has been for some the finding of files in a mysterious time, is whether the Clinton administration way, Mr. President, I ask that my col- a fixed date. Democrats want to keep the committee on has done anything to impede investigations leagues join me in supporting the con- a short leash by extending hearings to April by Congress or the independent counsel and tinued funding of the committee to 3, with a final report to follow by May 10. A whether the Clintons engaged in any im- proper activities in Arkansas while he was continue our investigation. limited extension makes sense, but an unrea- governor and she was a partner in the Rose Mr. BRYAN addressed the Chair. sonably short deadline does not. Five weeks Law Firm. Nothing illegal on their part has may not be enough time for the committee The PRESIDING OFFICER (Mr. turned up yet. For those who are inclined to to do a credible job. Instead, the Senate ABRAHAM). The Senator from Nevada. dismiss any and everything that falls under should give the committee more running Mr. SARBANES. Mr. President, will the label of Whitewater as just another polit- room but aim for ending the entire proceed- the Senator yield? ical witch hunt, it is worth remembering ings before summer, when the campaign sea- that 16 people have been indicted by federal Mr. BRYAN. I am pleased to yield. son really heats up. That would argue for grand juries as a result of the independent Mr. SARBANES. Mr. President, in permitting the probe to continue through view of the fact that my distinguished counsel’s probe and nine have entered guilty April or early May. pleas. Congress doesn’t have the job of send- colleague from Alabama was quoting What the Senate does not need is a Demo- ing people to jail. But fact-finding is part of crat-led filibuster. Having already gone bail the Washington Post editorial, I would the congressional job description. The for the Clinton White House, often to an em- like to include in the RECORD after his Whitewater committee should be empowered barrassing degree. Senate Democrats would remarks the Post editorial from Feb- to do just that, but within a reasonable time. do themselves and the president little good ruary—both of these editorials come Two additional months, with a right to show by tying up the Senate with a talkathon. cause for more time, makes sense. after the one he was citing—February Better that they let the probe proceed. Give 29 in which the Post said the ‘‘Senate the public some credit for knowing a witch Mr. BRYAN. Mr. President, I take no should require the committee to com- hunt and a waste of their money if and when backseat to any Member in this Cham- plete its work and produce a final re- they see one. And that, of course, is the risk ber in terms of trying to ascertain and port by a fixed date.’’ I underscore ‘‘by Sen. D’Amato and his committee are taking. ferret out the truth as it relates to the a fixed date.’’ And then it goes on to The burden is also on * * * so-called matter which has been em- say, ‘‘That would argue for permitting braced—the subject of Whitewater. the probe to continue through April or [From the Washington Post, March 4, 1996] We have today spent some 277 days early May.’’ TWENTY MONTHS AND COUNTING on this matter. We have heard from And in their other editorial of March That is the disdainful cry of Senate Demo- more than 100 witnesses. We have col- 4, they say, ‘‘The Whitewater commit- crats as they rise in opposition to the re- lected more than 45,000 pages of docu- quest of Senate Republicans for an open- ments. That is an enormous expendi- tee should be empowered to do just ended extension of the now-expired that’’—that is factfinding—‘‘but within Whitewater investigation. After conducting ture of time and effort. Mr. Starr, the a reasonable time.’’ And it goes on to more than 50 days of public hearings involv- special counsel, has spent some $25 mil- say, ‘‘Two additional months’’ con- ing 120 witnesses, taking 30,000 pages of depo- lion to date to engage 30 attorneys and stitutes a reasonable time. sition testimony, collecting 45,000 pages of 100 FBI agents working in concert with I ask unanimous consent that both of White House documents, spending more than them. these editorials, since they, in fact, $1.3 million, and compiling a casualty list of If we are truly interested in getting make a different point than the one near financially destroyed administration of- at the truth, and ascertaining if in fact ficials, what do Whitewater committee that was being made by my colleague there is any wrongdoing arising out of Chairman Alfonse D’Amato and his Repub- these matters, I believe that we have from Alabama, be printed in the lican colleagues have to show for it? the RECORD. Democrats ask. A good question, indeed. But vested Mr. Starr with the authority There being no objection, the mate- it’s not the only one to be answered in decid- and the resources to be complete and rial was ordered to be printed in the ing whether to extend the life of the commit- exhaustive in his review of all facts RECORD, as follows: tee. called to his attention. The committee has been working for more [From the Washington Post, Feb. 29, 1996] I happen to have had experience with than a year to gather the facts surrounding Mr. Starr in a former capacity as EXTEND, BUT WITH LIMITS the collapse of the federally insured Madison chairman of the Ethics Committee. Mr. We noted the other day that the White Savings and Loan in Little Rock, the in- Starr served as a special master re- House—through its tardiness in producing volvement of Bill and Hillary Clinton in the long-sought subpoenaed documents—has defunct Whitewater Development Corp., and viewing matters that were contained in helped Senate Banking Committee Chairman the handling of documents and the conduct a diary and to first review that infor- Alfonse D’Amato make his case for extend- of White House officials and Clinton associ- mation to determine whether or not it ing the Whitewater investigation beyond to- ates in the aftermath of Deputy White House was subject to an agreed upon excep- day’s expiration date. If one didn’t know any Counsel Vincent Foster’s suicide. tion which the committee had estab- better, one might conclude that the adminis- Whitewater, in the hands of congressional lished and, if not, that information tration’s Whitewater strategy was being de- Republicans and the independent counsel, is should be available to us. vised not by a White House response team now a much wider-ranging investigation that My personal observation of Mr. Starr but by the high command of the Republican seeks answers to a host of questions concern- is that he is competent, he is aggres- National Committee. ing Washington-based actions taken after However, despite the administration’s the administration was in office. sive, he is tough, and he is energetic. many pratfalls since Whitewater burst on- The committee, for example, has been hav- There is no reason to believe that Mr. stage, Sen. D’Amato and his Republican col- ing an exceedingly tough time obtaining sub- Starr, with the resources made avail- leagues have not provided compelling evi- poenaed documents or unambiguous testi- able to him, will not ferret out any S 1586 CONGRESSIONAL RECORD — SENATE March 6, 1996 wrongdoing if in fact such wrongdoing Washington, DC, October 2, 1995. our inquiry must seek to vindicate, as has occurred. KENNETH W. STARR, Esq., promptly as practicable, the reputations of I think it is important to remember Independent Counsel, Office of the Independent any persons who have been unfairly accused Counsel, Washington, DC. of improper conduct with regard to that the premise for establishing the DEAR JUDGE STARR: We have reviewed your Whitewater and related matters. Office of Special Counsel was to take September 27, 1995 letter advising us of your We understand that courts have repeatedly these kinds of circumstances out of the belief that, at this time, your office’s inves- rejected claims that the publicity resulting realm of partisanship on the floor of tigation would be hindered or impeded by the from congressional hearings prejudiced the U.S. Senate, vest special independ- Special Committee’s inquiry into the mat- criminal defendants. Fair and impartial ju- ent counsel with the authority to con- ters specified in Sections 1(b)(3) (A), (B), (C), ries were selected in the Watergate and Iran- Contra trials following widely publicized duct the investigation, and then let the (D), (E) and (G) of Senate Resolution 120 (104th Congress). You have raised no specific congressional hearings. Even where pretrial chips fall where they may. If indeed concerns respecting the Special Committee’s publicity resulting from congressional hear- there is evidence of wrongdoing, that investigation of the other seven matters ings has been found to interfere with the se- should be vigorously presented and specified in the Resolution, including all of lection of a fair and impartial jury, the sole prosecuted, and those who are guilty those contained in Section 1(b)(2), although remedy applied by courts has been to grant should be sentenced accordingly. in our meeting on September 19, 1995 you did a continuance of the trial. indicate concerns about the Committee’s in- For these reasons, we believe that the con- I must say, having served on this cerns expressed in your letter do not out- Banking Committee for my 8th year, vestigation of the substance of the RTC’s criminal referrals relating to Madison Guar- weigh the Senate’s strong interest in con- that it has been the history of the anty Savings and Loan Association. cluding its investigation and public hearings Banking Committee to be bipartisan in The Senate has consistently sought to co- into the matters specified in Senate Resolu- its approach. There are some commit- ordinate its investigation of Whitewater and tion 120 consistent with Section 9 of the Res- tees that by reputation in the Congress related matters with the Office of the Inde- olution. Accordingly, we have determined are extraordinarily confrontational pendent Counsel. Last year, in Senate Reso- that the Special Committee will begin its lution 229 (103rd Congress), the Senate re- next round of public hearings in late October and partisan, that there is constant 1995. This round of hearings will focus pri- bickering, and that they really have frained from authorizing the Banking Com- mittee to investigate a great majority of marily on the matters specified in Section evolved into partisan debating soci- such matters. Moreover, at the request of 1(b)(2) of Senate Resolution 120. Through the eties. That has not been the history of then-Special Counsel Robert Fiske, the remainder of this year, the Special Commit- the Banking Committee. Sure, we have Banking Committee postponed in July 1994 tee will investigate the remaining matters had our differences, and there have its authorized investigation of the handling specified in Senate Resolution 120 with the been intense discussions and debate. of documents in the office of White House intention of holding public hearings thereon Deputy Counsel Vincent Foster following his beginning in January 1996. But we have not, by and large, broken Having determined that the Senate must into partisan bickering and confronta- death. Senate Resolution 120 encourages the Spe- now move forward, the Special Committee tion. cial Committee, to the extent practicable, to will, of course, continue to make every effort Let me say that if you go back to the coordinate its activities with the investiga- to coordinate, where practicable, its activi- end of last year, Mr. Starr requested of tion of the Independent Counsel. As a result, ties with those of your investigation. The the committee that it hold action in over the past four months, the Special Com- Special Committee has provided your staff abeyance until after he could have pro- mittee has delayed its investigation into the with the preliminary list of witnesses that vast bulk of the matter specified in Section the Committee intends to depose. We stand ceeded further with respect to his in- ready to take into account, consistent with vestigation and prosecution of these 1(b) of Senate Resolution 120. We held public hearings this past summer into the handling the objectives set forth above, your views matters. That letter came to us, a let- of documents in Mr. Foster’s office following with regard to the timing of such private ter dated September 27. That was care- his death only after you indicated that your depositions and the public testimony of par- fully considered by our distinguished investigation would not be hindered or im- ticular witnesses. chairman and our able ranking mem- peded by such hearings. The Special Committee does not intend to ber, and I believe in the spirit of bipar- The Senate has directed the Special Com- seek the testimony of any defendant in a mittee to make every reasonable effort to pending action brought by your office, nor tisanship which has historically char- will it seek to expand upon any of the grants acterized the operation and function of complete its investigation and public hear- ings by February 1, 1996. (S.R. 120 § 9(a)(a)(1)). of immunity provided to persons by your of- the Banking Committee that the chair- Your letter of September 27th asks the Spe- fice or its predecessors. Indeed, Senate Reso- man and the ranking member con- cial Committee to forebear, until some un- lution 120 expressly provides that the Special cluded that they would not do so; that, specified time, any investigation and public Committee may not immunize a witness if indeed, they felt that it was in the best hearings into the bulk of the matters speci- the Independent Counsel informs the Com- interest of the Senate to proceed. fied in Senate Resolution 120. mittee in writing that immunizing the wit- ness would interfere with the Independent I invite my colleagues’ attention to a Your staff has indicated that the trial in United States v. James B. McDougal, et al. is Counsel’s ability ‘‘successfully to prosecute particular paragraph on page 2, which not likely to commence until at least early criminal violations.’’ (§ 5(b)(6).) concludes, and I read it: 1996 and is expected to last at least two As you know, the Special Committee has For these reasons we believe that the con- months. Our staffs have discussed the possi- solicited the views of your office prior to cerns expressed in your letter do not out- bility that this trial could be delayed even making requests for documents. We will con- weigh the Senate’s strong interest in con- further by pretrial motions and by possible tinue to take into account, where prac- cluding its investigation and public hearings interlocutory appeals, depending on certain ticable, your views with regard to the public into the matters specified in Senate Resolu- pretrial rulings. Under these circumstances, disclosure of particular documents. tion 120. if the Special Committee were to continue to In sum, it is our considered judgment that defer its investigation and hearings, it would the time has come for the Senate to com- So at the very outset last fall, there not be able to complete its task until well mence its investigation and public hearings was a delinking, if you will, in terms of into 1996. into the remaining matters of inquiry speci- the Senate’s actions with respect to Over the past month, we have instructed fied in Senate Resolution 120. We pledge to the Whitewater inquiry and the actions the Special Committee’s counsel to work do so in a manner that, to the greatest ex- undertaken by the special counsel, or diligently with your staff to find a solution tent practicable, is sensitive to the concerns prosecutor. That was done in a spirit of that appropriately balances the prosecu- expressed in your September 27th letter. Sincerely yours, bipartisanship. torial concerns expressed in your September 27th letter and the Senate’s constitutional PAUL S. SARBANES, Let me say that I believe the premise oversight responsibilities. We have now de- Ranking Member. of that letter, which is dated October termined that the Special Committee should ALFONSE M. D’AMATO, 2—I ask unanimous consent it be print- not delay its investigation of the remaining Chairman. ed in the RECORD—that premise is as matters specified in Senate Resolution 120. Mr. BRYAN. Mr. President, I am not valid today as it was last October. The Senate has determined, by a vote of unmindful, nor is anybody in this There being no objection, the mate- 96–to–3, that a full investigation of the mat- Chamber, nor anyone in America, that ters raised in Senate Resolution 120 should we are in the heat of a great Presi- rial was ordered to be printed in the be conducted. The Senate has the well estab- RECORD, as follows: lished power under our Constitution to in- dential debate. That is as it should be. U.S. SENATE, COMMITTEE ON BANK- quire into and to publicize the actions of That is a quadrennial experience in ING, HOUSING, AND URBAN AF- agencies of the Government, including the America. But we ought not to allow FAIRS, Department of Justice. At the same time, that Presidential debate to divert the March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1587 focus of our own energies on the Bank- spects. So very clearly as a result of ferent agenda. It is not an agenda to ing Committee and on every other those circumstances the defendants, if find out exactly what happened and to committee in the Congress in which we they were acquitted, would not have get to the bottom of this. It is to keep have very serious public business to lost their right to assert the privilege, this issue alive, to generate a headline, undertake. and their testimony would not nec- to generate ongoing controversy with I must say that the proposal that has essarily be available to this commit- the hope that somehow this may spill been advanced—that we extend these tee. over into the Presidential race this hearings in the Senate not to a time Although it has a superficial appeal— year and disable the President politi- certain but until after the so-called well, let us wait until after the trial cally. McDougal trial is concluded—in my and then we will hear from the various What has been proposed is a very rea- judgment is nothing more than an defendants—in point of fact, that is sonable compromise, and I think any open-ended extension which I regret to clever but simply an open-ended pros- fairminded person who has looked at say smacks of partisanship seeking pect in which there may be no defini- the 277 days, the 100 witnesses, the some advantage, seeking to embarrass tive conclusion by reason of the two al- 45,000 pages of documents we have ex- the President, seeking to develop head- ternatives I posit here—either a con- amined would conclude that another 5 lines, and not in the advancement of viction, in which case they are cer- weeks is a reasonable period of time. our effort to ascertain the truth—that tainly not going to be forthcoming in And so I commend the distinguish Sen- is going to occur through the aggres- their testimony, or in the event of an ator from Maryland. That is a reason- sive investigation of Mr. Starr—but to acquittal by reason of the prior experi- able approach. I say to the American seek some political gain at the Presi- ence they have had there could be some people that in 5 weeks, done ener- dent’s expense. other ancillary prosecution that could getically, not just one hearing for 1 First of all, we do not know when be commenced. hour, 1 day each week, but I mean an that trial might be concluded. This is a So I think that the premise upon aggressive hearing schedule that would trial of extraordinary complexity. At a which this extension is sought is fun- engage the members of the committee bare minimum, it would take several damentally flawed—that is, namely, for a 4- or 5-day workweek, we can rea- months for this trial to be concluded. this testimony would be available to us sonably examine any evidence or tie up Moreover, it is not without precedent at such time as the trial would be con- any loose ends that might have existed. in cases like this that there could be cluded, whenever that might be, for But that offer was rejected. That offer further unanticipated delays in which whatever period of time, which could was rejected. this body, the Senate of the United be for an extended period of weeks or What we are faced with is a propo- States, would have no ability to con- even months, or, even assuming it is sition that in effect has no time limit, trol or influence, nor should we. concluded either by reason of a deter- no constraint at all. After the trial, So we have no idea when this matter mination of guilt or acquittal, that in whenever that might be, whatever will be concluded based upon the uncer- either of those two circumstances the week, whatever month, who knows, tainties that a very complicated trial, testimony might be available to us. whatever year, we do not know what as this has every expectation of being, I respectfully submit that a careful might occur. Those of my colleagues would conclude. analysis of the information would indi- who have done trial work know that of- Let us assume for the sake of argu- cate that in neither of those two events tentimes in the course of a major piece ment that, indeed, a conviction were is it reasonable to assume that that of litigation—and this is certainly a secured against all of the defendants. I evidence would be made available to major case—unexpected events occur do not believe that anybody in this us, and that in each of those cases it is and, indeed, the trial is recessed for a Chamber would challenge the propo- very likely the defendants would con- considerable period of time—weeks, sition that there will be an appeal tinue to assert their privilege and the even months. taken during the course of the after- committee would not have the ability And so I would urge my colleagues to math of that conviction or convictions. to receive their testimony. enable us to reach a responsible com- As a result, those defendants would I began my comments by saying that promise that has been suggested by the certainly not be available to the Sen- I am as committed as any Member in distinguished ranking member, the ate committee because it is clear in this Chamber to getting at the facts. If senior Senator from Maryland, and let every circuit in the country that the there is evidence of misconduct, it us go on with this. There are so many privilege which exists with respect to should be brought to public attention. other things I would like to do in this each of those defendants is not waived, Indeed, the trials which are occurring year in the Banking Committee. Some nor is it extinguished in any form be- right now will be public trials and that are interested in regulation reform cause it is entirely possible that an ap- information, if there is such evidence, with respect to the banking industry. I pellate court could reverse those con- will come out. The American people would like to work on some of those victions, in which case, if there was a will fully understand. provisions. subsequent trial, the defendants ought I have indicated that I think Mr. I would like to see us complete our not to be disadvantaged by being com- Starr is a competent and an aggressive, work here on the floor, the Fair Credit pelled to disclose testimony which sub- energized prosecutor. There is every Reporting Act, which was something sequently could be used against them. reason to believe he will follow any that I personally invested a good many So that is very clear. leads, any evidence that may suggest years on. But the reality is that the en- Let us assume for the sake of argu- wrongdoing, and he will be aggressive tire agenda of the Banking Committee, ment that the trial concludes and the in doing so. the legitimate public policymaking defendants are found innocent. Does I believe an argument could be made part of that agenda, has been held cap- that extinguish the privilege? Would that the Whitewater matter has gone tive or hostage to the political machi- that constitute some kind of a waiver? on long enough in the Senate and it nations with an attempt to prolong a Look at the experience that the ought to be concluded at this point. hearing on Whitewater, not for the pur- McDougals themselves had. They were But I believe the compromise that has pose of getting at the truth, but for the prosecuted and subsequently acquitted. been offered by the ranking member, purpose of trying to embarrass the They are now subject to trial once namely, that we extend the hearings President. again. They argued that they were pre- for a period of 5 weeks, and then allow- I regret that I have to say that on cluded under the double jeopardy provi- ing another 4 weeks thereafter to com- the floor, Mr. President, but in my sions of the Constitution from being pile the report, is reasonable. In that view the evidence lends itself to no tried again, and they lost in that argu- period of time we ought to be able to other conclusion. ment. conclude this matter, unless there is a I will conclude as I began by pointing No one is arguing that the jurisdic- different agenda here. And I think the out that last October, what may very tion of the special prosecutor and the American people need to understand well be the high-water mark in terms jurisdiction of the Senate Whitewater that. I believe—and I hate to say this, of the bipartisan approach which I Committee is concurrent in all re- but I think it is true—there is a dif- hoped would characterize the entire S 1588 CONGRESSIONAL RECORD — SENATE March 6, 1996 Whitewater inquiry in the Senate, in The original resolution, Senate Reso- tees, including the allowance for a which it was affirmatively stated that lution 120, was silent on how agency COLA, if authorized, and the employ- these matters needed to be concluded, contributions were to be paid, but was er’s share of all committee staff bene- that we should not hold our hearings in amended, Mr. President, to provide fits. I go back and repeat, that means abeyance until the trial and those an- retroactively that additional sums may FICA, life insurance, health insurance, cillary proceedings are concluded, but be provided to pay these expenses. So, retirement, and the match for con- that we had a compelling public inter- really the original amount is now well tributions to the FERS thrift savings est to address this issue and to address over $1 million. The $900,000, $950,000 is plan. it thoroughly but to address it prompt- well over $1 million. We will get to that In addition, all salaries and expenses ly and responsibly. That, I fear, Mr. in a minute. of the Ethics Committee are paid from President, we are not doing. Any agency contributions include this account. Also, the initial $950,000 Mr. President, I yield the floor. such expenses as the employer’s share for the special committee, plus agency Mr. FORD addressed the Chair. of health insurance, life insurance, re- contributions, were paid from this ac- The PRESIDING OFFICER. The Sen- tirement, FICA tax, and the employer count. ator from Kentucky is recognized. match for the FERS thrift savings As my colleagues are well aware, we Mr. FORD. Mr. President, we have plan. For standing committees, the are now subject to the overtime provi- heard a lot of reasons why the rule of thumb for figuring agency con- sions of the Fair Labor Standards Act. Whitewater Special Committee should tributions is about 26 percent of pay- Just last week—and I repeat myself get on with its work and be limited. roll. here—we heard from both the Sec- But this evening I am going to take a It is my understanding that the per- retary of the Senate and the Sergeant- different approach that I think my col- cent incurred by the special committee at-Arms that they anticipate a sub- leagues ought to consider that has might be slightly more than that. But stantial amount of overtime costs. nothing to do with the facts of the in- let us consider the 26 percent. So, Mr. The Rules Committee has heard from vestigation. President, based on 26 percent of pay- committee chairmen and ranking That may seem strange, but I have roll expense, the additional cost to the members who are facing the potential been chairman of the Rules Committee taxpayer and expense to the contingent of substantial amounts of overtime with a strong responsibility; I am now fund of the extension of the costs without any funds budgeted to ranking member of the Rules Commit- Whitewater Special Committee could pay these costs. If the Senate should find it necessary tee with a strong responsibility. So, be upward of $150,000 more than the to authorize additional funds to pay Mr. President, I feel that it is incum- $600,000 that is being requested, bring- overtime expenses of committees, bent upon me to let my colleagues ing the actual total to over some these expenses would be paid from the know what the actual costs are and $750,000. inquiries and investigations account of what the prospects of getting the I should also point out to my col- the contingency fund. money might be. leagues that the same is true of the While we have no history of overtime Mr. President, under title II of the $950,000 authorized under Senate Reso- costs for Senate committees, it is clear United States Code, it gives the Com- lution 120. The retroactive amendment that we will incur overtime costs be- mittee on Rules and Administration to Senate Resolution 120, which pro- fore the end of this fiscal year. the exclusive authority—I underscore vided additional funds to pay for agen- Based upon the current projected sur- ‘‘exclusive authority’’—to approve pay- cy contributions, could cost upward of plus in this account, if we should fund ments made from the contingency fund $247,000. So we have a $950,000 figure. the extension of the special committee of the Senate. No payment may be Then we have to add $247,000 to that. at the recommended level, we would made from the contingency fund with- That comes out of the contingency have only about a 3-percent-of-payroll out the approval of the committee. I fund. That could bring the initial cost cushion for paying overtime expenses. think that is pretty clear. of the special committee, as we add it This may be dry, and you may not be Inherent in that authority is the re- up, to be well over $1 million to date. interested in what I am saying, but sponsibility to assure that there are So, Mr. President, in reviewing the when you run out of money and your adequate funds—adequate funds—in the financial state of the inquiries and in- staff cannot be paid, you go back and contingency fund to cover the various vestigations account, I am advised remember what I said on this particu- expenses of the Senate. This is just there is an estimated $2.3 million unob- lar date. one. We are affecting every committee ligated in this account for this fiscal We simply cannot authorize an addi- chairman in the Senate. I will get to year. I am concerned that this is not a tional $600,000 in expenses from the that in a minute. sufficient balance to allow the Senate contingency fund at this time. Doing Senate Resolution 227 before us today to authorize another $600,000 or more in so means nothing less than choosing authorizes funds to be paid from the in- expenses for continuation of the between funding our obligations to our quiries and investigation account with- Whitewater Special Committee and committee staff and hiring more con- in the contingency fund of the Senate. have sufficient resources to meet other sultants and issuing more subpoenas During the meeting of the committee obligations of the Senate. for more documents that have proven on this resolution, I raised the concern Overtime is coming, whether you like no wrongdoing at all. that there may be insufficient funds it or not. We voted for that. Offices are Let me be very clear. My colleagues within this account to support an open- already paying overtime. If you have may be choosing between paying ended extension of the Whitewater Spe- been listening to the Secretary of the COLA’s, overtime expenses and the em- cial Committee at an additional Senate and the Sergeant-at-Arms, they ployer’s share of health insurance, life amount of $600,000. are very concerned about overtime. We insurance, retirement, and other items Similarly, the full Senate should think that will be a minimum of 4 per- for our staff, or the consultant fees for consider whether there is adequate cent for committees. That is over $2 an open-ended fishing license. funds in this account to provide for the million. Moreover, while an amount is theo- extension. Not to consider this issue, in If you take Whitewater out of that retically budgeted for the expense of my opinion, Mr. President, would be ir- contingency fund, you add on the other the Ethics Committee, that committee responsible. expenses that are necessary, you have has unlimited budget authority, which First, let me advise my colleagues a fund that is short, that is absolutely is funded out of this account. While the that the actual cost of extending the short. We will not have money. You Ethics Committee funding needs vary special committee is considerably more jeopardize every committee in the U.S. from year to year, investigations in the than $600,000. Senate Resolution 227 au- Senate. recent past have required substantial thorizes—and I quote—‘‘additional Let me advise my colleagues as to expenditures for hiring outside counsel. sums as may be necessary for agency the expenses that are paid out of this Again, my colleagues need to be aware contributions related to the compensa- account. These expenses include all that there are numerous important and tion of employees of the Special Com- salaries and expenses of the 19 standing unforeseen expenses that must be paid mittee.’’ committees, special and select commit- from the contingency fund. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1589 Mr. President, during the Rules Com- The American people will best be none. Some people may be upset by mittee consideration of Senate Resolu- served if we reach a reasonable com- that. There may be findings that in- tion 270, I offered two amendments promise for the extension of the special deed there was improper conduct and which we believe provided sufficient committee. activities. time and funding to complete the busi- So I urge the leadership on both sides Regardless of which way it is, wheth- ness of the special committee without of the aisle to make an effort to try to er it is to clear away the clouds of sus- jeopardizing benefits to committee em- arrive at a compromise that will give picion, or whether the ultimate find- ployees. The first amendment would us an opportunity to be sure that the ings are that there was serious mis- have both reduced the additional fund- contingency fund is not diluted. conduct on the part of people in the ad- ing for the Whitewater Special Com- Mr. President, I just reiterate that ministration, we have a duty to get the mittee and limited the ability to obli- we authorized $950,000 for Senate Reso- facts. If those facts are exculpatory, if gate expenses to be paid from the con- lution 120 and over $220,000 in addition they clear away the doubts, then fine, tingency fund after May 10, 1996. to that which we had to pay. That is let the chips fall where they may. This amendment would have reduced this unobligated—the little quotes that To oppose the proper work of this the funding for the special committee we get at the end of the bill. This one committee, which is authorized, pursu- from $600,000 to $185,000, with a cor- will be well up there, too, and well over ant to almost unanimous consent—96 responding reduction in the amount the $600,000 that the chairman of the to 3—to undertake this investigation, which can be used for consultants committee is asking for. is to say very clearly that there may under this resolution from $475,000 What I have done here is to alert my be facts that may not be exculpatory, down to $147,000. colleagues to the possibility of jeopard- they may be damaging. Now, look, it is It would also have prohibited obli- izing the contingency fund, the possi- easy to suggest that this committee gated expenses from the contingency bility of jeopardizing our ability to has conducted its work in what one fund after May 10, 1996, and based upon take care of the other 19 committees to would call an unfair partisan manner. I prior experience, it is clear that the ad- pay what the Sergeant at Arms and the say, let us look at the record. Yes, we ditional witnesses and hearings the Secretary of the Senate have said they have had suggestions and, yes, there special committee wishes to call could are very concerned about—overtime. have been subpoenas initially drafted, be accommodated within that amount. Overtime is tough, and it is going to but not served, that may have been However, with virtually no debate, get tougher. When we have approxi- overly broad. That is not unusual. You that amendment was defeated on a mately 3 percent left in the contin- negotiate to determine what the scope party-line vote 9 to 7. gency fund, then I think we are on the should be. Al Smith, the Governor of The second amendment that was of- verge of depleting that contingency New York State, coined an expression. fered would have reduced the addi- fund. He used to say, when there were con- tional funding for expenses and salaries So I hope my colleagues will look at troversies, ‘‘Let us look at the record.’’ of the special committee without the that; that they will see that it will If one were to look at the record, you sunset date. This amendment would take more money from the committees would ultimately find, notwithstanding also have reduced authorization from than is absolutely necessary; that this that there may have been negotiations $600,000 to $185,000, with a correspond- committee can wind it up by May 10; between the Democrats and Repub- ing reduction in the amount available that we cannot dilute the contingency licans, that ultimately, in almost all for consultants from $475,000 to $147,000. cases, over the life of this committee So with this resolution, if adopted, fund. I am very concerned, not for my- self, not for the Senators, but I cer- and its predecessor, agreement has we would go out and get private con- been reached. On only one occasion— sultants and pay them $475,000, almost tainly am concerned for those who out of the dozens of subpoenas that half a million dollars of taxpayers’ work for us on our committees every were issued and requests for witnesses’ money to come in and help us gin up day and put in a good job, work hard testimony—did we really have one dis- some more subpoenas, for all the tele- and long, and they are entitled to have agreement that could not be solved in phone calls for the total State of Ar- the overtime, because we now made it law. a bipartisan manner. kansas. To come forth at this time and sug- This amendment would have allowed So, therefore, Mr. President, I yield gest that this is politically inspired is the special committee to complete its the floor. at variance with the record. Al Smith work without jeopardizing the funding Mr. D’AMATO addressed the Chair. said, ‘‘Let us look at the record.’’ That of the other 19 Senate committee budg- The PRESIDING OFFICER. The Sen- record indicates, quite clearly, that ets and the benefits of the employees ator from New York. who work for those committees. Again, Mr. D’AMATO. Mr. President, last notwithstanding the times that we that amendment was defeated on a week, my colleagues on the Demo- may have had differences, we were able party-line vote. cratic side objected to us taking up to surmount them in a way that We are going to be here after this very same resolution by way of brought clarity and dignity to our Whitewater. The committees are going unanimous consent essentially to em- work. We may not have found what to be functioning after Whitewater. power the committee, to authorize the some would characterize as the smok- Staff is going to have to be paid on all committee to do its job, to finish the ing gun. But, indeed, ours is not to an- the committees after Whitewater. But work that it has started. ticipate what will or will not be found. I tell you, when you dilute this fund— Make no mistake about this: This is The work of this committee is to gath- and we are going to have to have a line not an argument about funds; this is er the facts, my friends, not to pre- item, I say to the ranking member, for not an argument about a deadline. This judge, not to offer speculation, not to the new procedures of the Senate, and really comes down to the crucial ques- suggest that, well, what do you do then it is going to be a humongous amount tion of whether or not we are going to if you unearth some terrible, horrible of money. Some of it may start this do our job and to fulfill the constitu- chilling thing. Ours is to gather the year, and we will not have the amount tional responsibilities and to get the facts. If those facts clear away the of money necessary to complete. facts. By the way, it may not be pleas- clouds of doubt that may exist, fine. Let me be clear that we are not sug- ant. Those facts may be very distress- But I suggest to you that there was gesting the special committee not be ing or disturbing to some. Let me sug- sufficient room, at least, to say there allowed to finish its work. I am only gest that they may be disturbing be- are some very real concerns—repeated urging that we be responsible with the cause some may suspect that all kinds memory lapses, tied to factual situa- American taxpayers’ money and be re- of misdeeds may have been committed tions; diaries that people kept notes in, sponsible to our staff by limiting both by people in the administration or which mysteriously turn up after the the life and the additional funding of close to the administration, by friends work of this committee could have the special committee to an amount of the administration, and suspect the come to an end; missing records that that will not jeopardize the quality or, possibility of attempting to impede in- turn up. Contradictory testimony of more important, the obligations of the vestigations. But, indeed, there may be Secret Service Officer O’Neill and Senate contingency fund. findings that there were no misdeeds— young Mr. Castleton, two people who S 1590 CONGRESSIONAL RECORD — SENATE March 6, 1996 have no reason to make up stories, cast is difficult—I think we want to at- I bring it up now for the first time be- very real doubts and concerns as to the tempt to be as fair and reasonable in cause, Mr. President, if we want de- manner in which key documents that our presentations of our cases as we mocracy to work, then we have to stop were removed from Mr. Foster’s office possibly can be. I do not know the these dirty little games, the dirty were handled. Who requested the move- truth or falsity of what Judge Hale is tricks of attempting to embarrass, at- ment of those documents? What were reported to have said. I do not know tempting to hurt so that one is di- those documents? Officer O’Neill says whether he can shed any light on any verted, one’s attention is diverted from that he saw the first lady’s chief of factual material. It certainly is impor- the facts. staff, Maggie Williams, removing files. tant enough to make the effort. If, in- Now, Mr. President, I believe that we It was very clear in his testimony. deed, at the conclusion of the trial could come to a resolution. I have not Very clear. As a matter of fact, it is so when we subpoena him—together, spelled out any particular methodol- clear that I think most people, if they hopefully, and I have every reason to ogy. It seems to me that we know with have heard his account, would believe believe that my Democratic colleagues a good degree of certainty that the it. And I can assure my friends and col- will join in that because that has been trial will be concluded. There may be leagues on the other side that I will go the indication of the ranking member— appeals. So what? That will not pre- over that narrative very carefully if his lawyers may assert and raise the clude us from asking for witnesses to they continue to oppose us going for- constitutional questions about self-in- come in. Indeed, their lawyers may or ward and orchestrate what is a fili- crimination. That may take place. may not assert constitutional rights. Then we could say, ‘‘Well, Senator, buster. At least at that point we have given to I do not think it behooves the inter- why did you do this?’’ I admit we have the special counsel the opportunity to est of the committee, the Senate, no assurance that any of these wit- do his work. He may disagree. The Democrats or Republicans, or the en- nesses that we want will be forthcom- committee may say, ‘‘Look, we want to tire political process, given the grave ing. But, by gosh, we have an obliga- resolve this and go forward.’’ doubts that people have with respect to tion to do the job, thoroughly, cor- Washington, that we fail in our duties rectly, and in the right way. All the ar- On the other hand, the committee and obligations to continue to do our guments about money, and how much may say, reasonably, we should not. At work in an expeditious a manner as has been spent, is a red herring. There that point, I would be first to say we reasonable, dealing with the cir- is no truth to that. This committee has may have to conclude, or certainly cumstances that we have, recognizing been rather frugal. Indeed, if you want there is no further reason to continue that there are key witnesses that are to look at the costs, hundreds of thou- going forward if there are not other unavailable. sands of dollars were spent correctly in areas that have not been successfully Mr. President, those witnesses may gathering the evidence, taking deposi- covered. never be available. I am the first to tions—these transcripts cost thousands It would seem to me we would be in suggest that. They may never be avail- of dollars a day. That is part of the a position to look into the question of able. But at least we will have done the cost. This has not been a wasteful exer- the leases that have been made with re- best we can do. If we file a report based cise that costs $30 million. I hear peo- spect to Mr. McDougal and the State. upon all of the work, our best efforts, ple say, ‘‘Why are you wasting money— We would be able to look into the Ar- then we can say that we have dis- $30 million?″ kansas Development Finance Author- charged our responsibility. The Amer- Let me say again, the committee’s ity, the propriety of its acts, the rela- ican people have a right to know, and work has been extended. It has been ex- tionships that it had or did not have we have an obligation to get the facts. tended because the special counsel has with various people, the probity of Some people say, ‘‘Why do you con- asked us as it relates to key times and those—all of those areas that are left tinue with this? People are bored.’’ It dates to withhold from the subpoena- unresolved. I am not going to take the is not our job to be concerned with ing of information, to withhold from time at this point to go into them, but whether or not people are bored. The the subpoenaing witnesses. We have I will. And I will spell them out in de- question is not whether there are sen- worked with them. I think that is re- tail as we will spell out the testimony sational headlines that will come out sponsible. Did I want to get those wit- of Mrs. Williams, Maggie Williams, in of revelations. The question is: What nesses in? Yes, absolutely. There is a detail and the testimony of young Mr. are the facts? Were there misdeeds, an degree of responsibility that this com- Castleton and the testimony of the of- abuse of power, an attempt to cover mittee must exercise. It does not mean ficer, which is clearly at variance with up? Was there an attempt to stop in- that we cede to the special counsel all what her memory and what her reflec- vestigations from taking place? And authority and say, ‘‘When you raise an tions are to such a degree that one has then going to the heart of the issue, objection, we shall not go forward,’’ to say that there are very real issues was there misuse of taxpayers’ moneys but in good conscience we have at- that are not resolved. I will do that. in Little Rock? That is the question. If tempted to act in a way that would not Mr. President, I think we have an op- there was, who was responsible? As a jeopardize the important work of the portunity to do the business of the peo- result, was there a concerted effort to special counsel. keep these facts from being revealed to Mr. President, I think that if the mi- ple, not to create these doubts—what the American people? nority continues to thwart, as it can, if are my Democratic friends worried I am sorry that this matter has been it votes against cloture—and there will about? What is the White House wor- drawn out as it has. Notwithstanding be a cloture vote scheduled—then I ried about? What are they hiding? If those who would claim that this was think they are very clearly saying to there is nothing there, then, fine, the deliberate, that is not the case. Nor the American people that they are committee will fold its tent, as it would I differ with my friends if they afraid of the facts that will be revealed. should. It will conclude. But it has an were to say that there were dates that There is no doubt in my mind this is a obligation to first have the real oppor- we could have held more hearings. Cer- carefully orchestrated opposition being tunity to conclude its work as we tainly, but that would not have per- raised, and that orchestration comes should, as honest factfinders. That is mitted us to complete the work of this from the White House. what this is about, being honest committee. It absolutely would not Indeed, packets of information have factfinders. Nothing more, nothing have. Indeed, it would have left a situa- been distributed to denigrate individ- less. tion where there were still numbers of ual Members. That is not what a White I hope that we would not engage in documents that we have no reason to House should be about. That is not the kind of accusations that oftentimes believe would have been produced any what this investigation should be come about where there are conten- earlier, and numbers of witnesses, in- about—people assigned tasks, respon- tious matters, matters of conscience. cluding Judge Hale, who I believe the sibilities of gathering information on a There may be some of my colleagues committee wants to at least make a Senator from the DNC. That is not who absolutely feel that the only rea- good-faith effort to bring before the right. That is not fair. This Senator son we are going forward is to seek to committee. And again—and I know it has known about that for quite a while. discredit politically. There may be March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1591 some on my side who seek partisan ad- miraculous production. Always on a consider S. Res. 227, I believe, reported vantage for that purpose. But irrespec- Friday. Always late on a Friday. This it to the floor, and that is the subject tive of those feelings, we have an obli- time I think it was about 7 or 8 o’clock of the pending business. gation. The obligation is to get the Friday. Mr. D’AMATO. Correct. facts and to try to do it in a manner Why? To avoid the news, avoid the Mr. WARNER. I thank the chairman that really demonstrates to the Amer- news. The White House got these docu- and his staff for their cooperation in ican people that notwithstanding con- ments, I understand, on a Wednesday. conducting that hearing with expedi- tentious issues—issues that could very But they did not make them available tion. The matter is now before the Sen- easily be blown out of proportion by to the committee until Friday. What is ate. partisanship—that we are above it. that all about? Managing the flow of Mr. SARBANES. Mr. President, I lis- Now, I am not suggesting to you that information. That is managing the flow tened to Senator D’AMATO, the chair- reasonable people may not have reason of facts. Is that right? Is that proper? I man of the Whitewater Committee, to disagree with some of my decisions will tell you what it appears like to with great interest. I want to say that or actions on that committee. But I be- me. It appears to me that my Demo- the unreasonable element in this cur- lieve if one were to examine his or her cratic friends are so interested in the rent situation is a request for an in- conscience, they would have to say management of the facts, facts that definite extension of the work of the that the chairman has endeavored to may be embarrassing, that they are committee. That was not the premise be fair. Yes, fair; yes, thorough; yes, willing to scuttle our constitutional on which the committee was estab- comprehensive; but, above all, fair. obligations. That is just wrong and lished in Senate Resolution 120. In fact, That does not mean we have to agree that is what leads people to say: What it is very clear that in Senate Resolu- on every issue. are you hiding? What are you hiding? tion 120 we agreed to a termination It seems to me that one way which is Do I believe that all my colleagues date just as we did in the Iran-Contra not recommended, a recommended are in league with that? No, I do not. investigation at the strong urging of course, is to continue our work and But I believe that there are those who Senator DOLE who at that time was the look at the conclusion of the trial as a are so intent upon stopping this inves- minority leader and who pressed the point in which we would look to set tigation that they have laid down a Democratic majority at that time in some kind of reasonable time, and that hard and fast rule. They are probably the Senate and the House to have a we would agree if there was work that polling right now to ascertain whether closing date on the inquiry in order to still needed to be done, that we would or not this is going to hurt their credi- avoid making it a political exercise in take up whether or not it should be ex- bility or not. a Presidential election year in 1988. tended. I do not see how you can set a I think whenever you want to end a That is exactly what we sought to do limit based upon a date certain—what duly constituted investigation when here by having a termination date of if the trial does go 2 months, and we there are substantial open questions February 29, 1996, and the request that say we have to wrap up the work of the and work to do, people have to say: has been made is for an indefinite ex- committee by April 5. That means that Why? Why are you keeping the com- tension. those key witnesses would be pre- mittee from doing its work? I think we The minority leader, Senator cluded. can do our work. I think we can do it DASCHLE, has responded to that by pro- That means that we set a timeline. It again in a reasonably fast way, but in posing a limited time period. But the has been suggested, and I know ref- a way that meets our obligations. proposal before us that was brought erenced by some of my colleagues in I do not look to draw this out. I said first from the Banking Committee, and the debate, that when you set a dead- to this committee, to the Rules Com- then by the Rules Committee, on a line for the completion of congres- mittee, when we sought authorization, straight partisan vote is for an indefi- sional investigations, decisions are it was my hope that we could keep this nite time period in order to carry out often dictated by political cir- matter from continuing into the politi- this inquiry. And, as I have indicated, cumstances and the need to avoid the cal season. I still think we can deal this is perceived as unreasonable. appearance of partisanship. This is with this in a manner which means I know of no plot, as my colleague what was done in the Iran-Contra case. that it would end sometime in June, suggested, to denigrate Senators. Cer- They set a particular timeline. What late June or maybe even earlier. I tainly no one on this side of the aisle is that did is set a convenient drop-dead think we really can. involved in any such endeavor. I want date by which lawyers sought to delay But there has to be a starting point to establish that in a very clear fash- and wait out the investigation. that is reasonable and will assure that ion. My distinguished colleagues, the we have some opportunity to get the Two things have been argued. One is former Democratic majority leader and facts. If we never get the opportunity we have not gotten all of the material Senator COHEN, suggested that should to examine the witnesses—and that is in, and, therefore, we need to extend. not have been done. Here is a quote: what would take place if we had an ar- Of course, Senator DASCHLE proposed a ‘‘The committee’s deadline provided a bitrary deadline of April and that trial period of time for extension. I just ob- convenient stratagem for those who is not over—we will be denied this op- serve that the material is all now in. were determined not to cooperate.’’ portunity. I recognize they can take We got these notes. We had hearings on That is in this book, ‘‘Men of Zeal.’’ I appeals. They could take appeals for these notes. I have to take the expla- have to suggest that, given the appear- years. I am not suggesting we wait nations as they come. ance of documents at the last minute— until the appellate process is over. The Lindsey notes constitute three and I am not going to argue the mer- That is not the case at all. pages. This is what came. That is the its—but I have to suggest there has Mr. President, I am going to ask that extent of it. These notes, in fact, cor- been a history of documents coming in my colleagues on the Democratic side roborate what has previously been conveniently late. The last of them was consider an attempt to deal with this available to the committee. the miraculous production of the Bruce in a way that will not put us to the Let me just read the note that comes Lindsey documents. Mr. Lindsey, the test of coming to vote to end this fili- from their counsel. It says: assistant to President Clinton, his buster. They should not be filibuster- Following a recent Senate committee close confidant and friend, testified be- ing this. We have other things to do. hearing in which questions were raised as to fore the committee, that he did not whether a January 10, 1994 memorandum We have important things to do. from Harold Ickes was copied to other White take notes—he did not remember tak- The PRESIDING OFFICER (Mr. DO- House officials and whether they had pro- ing notes. He was asked specifically MENICI). The Senator from Virginia. duced their copies of such documents in re- about it. His lawyer was requested to Mr. WARNER. Mr. President, I wish sponse to the committee’s request, Mr. look and see and to make a proper to stand and commend the distin- Lindsey and this firm undertook a review of search. He did undertake this so-called guished Senator from New York. The all our prior document productions. review and this search, and lo and be- Rules Committee, of which I am a And I think it is important to point hold, after the committee’s funding member, proceeded to meet yesterday, out that there have been very exten- ended, guess what? On a Friday, the in a very correct manner, hoping to sive prior document productions. S 1592 CONGRESSIONAL RECORD — SENATE March 6, 1996 With respect to the January 10th memo- Mr. D’AMATO. I understand. And privilege, which the President of the randum, we found that an identical copy of then we made a request after that tes- United States said he would not—he the document produced to the committee by timony and his lawyer said that he was would not—why, then, that is their Mr. Ickes was in Mr. Lindsey’s White House going to look, to search the records. right. But for Mr. Lindsey’s attorney files and had been produced by Mr. Lindsey And we did not get anything. And now, to the White House Counsel’s office January to withhold and say, ‘‘We are not going 1995 for review with regard to executive on March 2, after the committee goes to do it,’’ that is improper. privilege and other issues. In the course of out of its authority—I do not know Now, if the White House wants to this review, we have identified two other whether we have authority, but cer- come in and say, ‘‘We are asserting documents in our files which inadvertently tainly authorization expired February that Mr. Lindsey had communications were not produced to you, or the White 29—this letter is sent to us enclosing with the President’s private counsel House Counsel’s Office, earlier and which are the notes he had taken. that are privileged,’’ then they have a attached. I find the letter interesting; this is right to do that. I am not agreeing that Those are these three pages of notes. the first time I have seen the letter, we are going to say that falls within And he then goes on to say: and I would ask my friend if he would the parameters of the privilege. We First, while Mr. Lindsey previously in- take a look at the second page of the may insist on enforcement. But I have formed your committee that he did not re- letter, the last paragraph, last sen- to tell you that this again raises ques- call taking any notes as of November 5, 1993 tence. ‘‘We have not produced, of tions. And when do we get this infor- with Mr. David Kendall and other counsel for course, attorney-client privileged docu- mation? Saturday. the President, our recent review has located ments reflecting either Mr. Lindsey’s How is it that we have got so many of some very brief handwritten notes set forth communications with this firm.’’ I un- as attachment A here, to which Mr. Lindsey these convenient kinds of lapses? And derstand that. In other words, he this is not the first time. Mr. Lindsey did write at that meeting but did not pre- should not have to report his commu- viously recall. As you will see, these brief is an assistant to the President of the notes are completely consistent with the tes- nications that he has had with his law- United States. He has the lapse. The timony of Mr. Lindsey and others, and the yer. Those are privileged. He has a deputy chief of staff, Mr. Ickes, he has Kennedy notes of the same meeting pre- right to assert that. But this is where a lapse. He finds documents, again, at sented to your committee about that meet- I have some real trouble, and I think the last minute. Mr. Gearan, he has a ing. the committee will, and it is a very lapse. Again, every one of these people You may want to go at one or an- proper question. We will look and we involved with the Whitewater team has will press and we will subpoena, if nec- other of these people for not producing a lapse. I have to suggest to you that it essary, these documents, whatever the documents early but the fact is the does raise real questions and is very they may be, because obviously his document had been produced—the troubling. Gearan document. Then we had a full lawyer thought they were important That is why I think there are many day of hearing on those documents. enough that they would not place him people who believe that we have an ob- And the same thing, of course, is true in a position where he might be ligation to finish this and to get the charged with obstructing justice or not with respect to the Ickes notes. facts, and I think that if we were to responding to the subpoena. He has So those matters have been furnished move forward you would see even more very smart lawyers. He is a lawyer to the committee. And, as I understand documents be produced, more discov- himself, a former senior partner in a it, now every request made by the com- eries, more things that have not been law firm. ‘‘Or his’’—meaning Mr. mittee to the White House has been re- turned over to this committee. I can- Lindsey’s—‘‘attorney-client privileged sponded to with the exception of two not believe given the tasks—and I am communications with private counsel new requests for e-mail that the chair- prepared to go through the list—that for the President.’’ man made in the latter part of Feb- Mr. Ickes assigned to various people ruary that have not yet been responded I have to suggest he does not have a privilege with respect those conversa- that all of the documents related to to. tions that he had and cannot assert their Whitewater activities have been Those two e-mail requests are pend- that with respect to those conversa- turned over to this committee. ing, and the White House has indicated tions and those documents, and we I yield the floor to my friend because that it will provide them to the com- have been in touch with him about the Senator has been more than gra- mittee as soon as it is able to prepare this. We have gone to the point that we cious. I just wanted to raise this mat- them and furnish them to the commit- brought down to the Senate floor and ter. tee. voted on—this is the one area that we Mr. SARBANES. All I would say to Mr. D’AMATO. If the Senator will could not agree on—whether or not the Senator is that these documents yield for an observation. documents were privileged. That same have been furnished to the committee. Mr. SARBANES. Sure. kind of question about whether they They have not been concealed from the Mr. D’AMATO. This is the first time would be required to waive privilege committee, and they have not been that I have seen the letter conveying came, and we were ready to vote en- hidden. the notes. I guess we got these last Fri- forcement of the subpoenas that we is- Now, the people who furnished them day. They did not really come into our sued. That was the only time that we said, ‘‘We were late furnishing them for possession until Saturday. had a disagreement. the following reasons.’’ Now, you may That would be a week ago Saturday? I have to say to my friend, again, accept or reject those reasons. And if Yes, last Saturday. Last Saturday. this raises very substantial questions. you want to inquire into the reasons, So when we got these notes, I think Now, reasonable people might disagree, you are perfectly free to do so. But the you have to understand very clearly but I have to suggest to you that was fact remains that the committee has that Mr. Lindsey testified to the com- not just placed in there as some legal these documents. They are now in mittee that he did not take notes. nicety. That is important. And I have hand. Then there is another encounter—— to say, what information does he have? I have been sitting here listening Mr. SARBANES. If the Senator will We have settled the manner in which today to my colleagues recite various yield, they state that in the letter. to deal with many of these issues. We aspects of our inquiry. The fact is the They are not trying to conceal that have had majority counsel and minor- matters they have been reciting they fact. ity counsel meet to see whether or not can recite because we have gotten doc- Mr. D’AMATO. Sure. I understand. information should be made public, uments, we have had hearings, we have Mr. SARBANES. They are very up whether the committee had a right to had witnesses that we have been able front about saying ‘‘previously in- it or not. At the very least, we have a to question, we have taken depositions, formed your committee that he did not right to see whether or not this falls and therefore they can get up and talk recall taking any notes.’’ within that area of information that is about these matters—often I think Mr. D’AMATO. Sure. not germane to the subject of our in- drawing conclusions not warranted by Mr. SARBANES. And he now says quiry—at the very least. the facts, but leave that to one side— they have found these brief hand- Now, if people want to raise, if the they can talk about these matters be- written notes. White House wants to raise the issue of cause this material has been furnished March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1593 to the committee. So the fact is now leged. By the way, it would seem that final verdict—guilty, innocent, hung, that there has been a tremendous drag- constitutional authorities would indi- et cetera—that within 10 weeks after net set out for material and a tremen- cate in some cases that we would actu- that trial, we will conclude. dous amount of material furnished ally have the right to that documenta- You have to start someplace. I do not back to the committee, the fact is tion. like setting a time because I think when we set out on this endeavor last So, ‘‘* * * of course, attorney-client again when you set a time line, you set May it was agreed that we would draw privilege documents reflecting either a prescription for people looking to it to a conclusion at the end of Feb- Mr. Lindsey’s communications with delay and get past that time line. That ruary. this firm or—get this; now we search is what our friends in ‘‘Men of Zeal’’ That has been a consistent principle very carefully—‘‘or his attorney-client said. And they were right. Again, this that has been applied to all inquiries privileged communication with private was authored by Senator COHEN and and all investigations by the Senate. counsel for the President.’’ Senator Mitchell about Iran-Contra. None of them has been open ended. In He is withholding documents. We do They said, ‘‘The committee’s deadline 1987, when Democrats pushed for an not have those documents. We have not provided a convenient stratagem for open-ended hearing, Senator DOLE was seen those documents. And he is now those who were determined not to co- very strong in saying that should not asserting for the first time that he has operate.’’ be done, and the Democrats actually information. He did not know he had it I suggest, given the manner in which acceded to his representations and a before. He just remembered it. He just these documents came forward, that concluding date was set—in fact, quite found it. He did not know it. But he this is part of the stratagem. When I an early one—and in order to accom- now says, ‘‘I’ve got documents that you see this letter, we know conclusively modate it, the Iran-Contra committee have subpoenaed. But I’m not going to that we have not had an opportunity to held 21 days of hearings in the last 23 give them to you because, guess what, examine documents that were subpoe- days of its working period in order to I had conversations with or commu- naed. get the job done. nications with the President’s coun- Now, as the chairman knows, we sel.’’ Let me tell you something, as an This is a very brilliant, lawyerly, urged him in mid January to have an assistant to the President, if he has scholarly letter. I read it for the first intensified hearing schedule in respect communications and shares documents time, and it just jumped out at me. to this matter. We now find ourselves with a private counsel for the Presi- Then counsel told me they have at- here at the beginning of March. I think dent, they are not privileged. And this tempted to get some kind of an agree- that the minority leader has been very Senate and the Congress has a right to ment from Mr. Lindsey’s counsel in forthcoming in proposing an extension know what that information is. order to inspect this material. They of time until the April 3 in order to Look, it may be that we are arguing were told no. complete our hearings. And, in any over nothing. We have agreed to a So where is the cooperation? If the event, I do not regard it as a reason- methodology, a methodology of not at- White House has nothing to hide, able proposition to ask for an indefi- tempting to provoke a court confronta- where is that cooperation? It’s a needle nite time period which is completely tion. I will tell you, I will ask for en- in a haystack. We want the facts and contrary to the premise on which we forcement of the subpoena because this information—the needles—but we get set out. It is completely contrary to subpoena was served before the author- the whole haystack, we do not get the the premise of Iran-Contra, and it is ization of committee funds ran out. critical information. completely contrary to the premise of This response is carefully contrived, This is just another example. Let me every other inquiry and investigation. and the documents are produced after suggest to you, is it not great coopera- Mr. D’AMATO. I do not know if my the committee goes out. tion when lawyers tell their clients, friend is finished, and without losing Is it any wonder why reasonable peo- ‘‘What are you holding back?’’ and the right to the floor, I would like to ple say, ‘‘Why are you doing this? Why ‘‘You better not hold back’’? I see a make an observation if he would care are you holding this?’’ Is there any rea- pattern here. I see some very bright to comment. son why newspapers say, ‘‘How come lawyers saying, ‘‘You can’t withhold Mr. SARBANES. Certainly. you keep dribbling this thing out? this stuff. You have memorandums all Mr. D’AMATO. Mr. President, the What are you trying to hide?’’ over this place. If someone comes over fact is that this letter—by the way, not At the very least, it all seems to me and says, ‘Where is that memoran- so clearly, not so clearly—is what I that the majority counsel and the mi- dum?’ and you sent it to eight different consider to be a brilliant legal, scholas- nority counsel have done this before. people, where do you think we get tic exercise in extricating one’s client We can look at this information, see if these documents from?’’ from meeting the obligations that he it is relevant or not, and examine would be required to meet pursuant to whether or not a claim of privilege is Some very capable lawyers would tell the subpoena that asked him to valid. I cannot see how it can be as- a client, ‘‘I’m not going to be part of produce all relevant documents with serted, but if it is not relevant, we will advising you to withhold.’’ Perhaps, respect to Whitewater. Brilliant. This not ask for it. We will agree to take a that is why we have been getting docu- is absolutely terrific. pass. ments from them. Of course, that is an And this fellow, Allen B. Snyder, is I do not want to know whether he assumption on my part. There are a one good lawyer. He is the lawyer who was discussing whether a football team number of suspicious instances. We signed this letter. Let me tell you why. or basketball team was going to win could take Susan Thomases and the re- Analyze this; you have to agree, this is the game the night that they went to peated requests to her for records—two good. This is good. Listen to this, Mr. see it, or if he was in the company of times, three times, four times before President. ‘‘We have not produced’’— the President, that he discussed that we get all of the information, before we this is the last sentence in this letter kind of thing. But if it is relevant, we get the logs that show the communica- that says, here we give you these have a right to it. If he communicated tions, key communications, informa- things, how we found them—‘‘We have to the President’s counsel, ‘‘By the tion withheld from us. I think there not produced, of course,’’—gets you way, I’m worried about X, Y and Z,’’ we are some very capable lawyers that she into believing, of course—‘‘attorney- have a right to that. has representing her saying, ‘‘Wait a client privilege documents reflecting Either we want the facts or we do minute. Wait a minute. They have either Mr. Lindsey’s communication not. Do we want to hide the facts? Let asked you about these things. You with this firm’’—oh, OK, all right, we me say, as it relates to the proposition can’t withhold these things.’’ are not going to ask about that. that we are not willing to set a time You really think that a very capable You are talking to your lawyer and certain, I think that is bad. I think it lawyer like Ms. Thomases would not saying, by the way, I have a problem, is really bad. But I am willing to say, have looked at the diaries and logs as et cetera, whatever. We have some let us provide a period of time after the it relates to communications that she facts or are talking strategy, et cetera. conclusion of the trial. We know, had during critical periods of time on That is what we consider to be privi- whether that trial concludes with a or about the day of the suicide, or the S 1594 CONGRESSIONAL RECORD — SENATE March 6, 1996 day following the suicide, of Vince Fos- facts are and see if we cannot work out Mr. D’AMATO. Again, I have not ter? She would have missed these dur- a way cooperatively to go forward. heard any response, but I have indi- ing that week? And it took us months Mr. SARBANES. Let me say to the cated that, obviously, the committee to obtain this vital information. chairman, let me make a couple of would be very hard pressed to continue We have not been able to examine points. First of all, they cite editorials its work past 4 months. That is No. 1. her. She broke her leg. We examined that say do an indefinite extension. I At $150,000 a month, in some cases even her twice. She was scheduled to come have cited on the floor today editorials more, and particularly if we are going in a third time. Unfortunately, we that say—let me just quote a couple of to attempt to conclude this and take could not do that because she said she them. the necessary depositions, et cetera, broke her leg. What were we supposed . . . Whitewater hearing needs to wind that is about the time frame that we to do? Drag her in there? Have her down. A legitimate probe is becoming a par- are talking about. come in a wheelchair? tisan sledgehammer. It is reasonable to assume we are I recognize the discomfort level that . . . The Senate Whitewater hearings, led going to talk about a trial that lasts my friends and colleagues on the other since last July by Senator Al D’Amato, have anywhere in the area of 6 to 8 weeks. I served their purpose. It’s time to wrap this side would have as it relates to an in- thing up before the election season. suggested we take a time line from the definite extension. I understand that. conclusion of that trial and attempt to That is the Greensboro, NC, paper. But as a practical matter, if we receive The Sacramento Bee says: use that as the date. $600,000, and spend it at the rate of ap- So I have given an opportunity to our With every passing day, the hearings have proximately $150,000 a month, Mr. looked more like a fishing expedition in the Democratic colleagues and friends to President, we are talking about 4 Dead Sea. consider this, instead of just being months. That is the practical side of And says these ought not to be ex- placed in a position of those of us who this. tended. would come to the conclusion, right- We could be doing that business with- Mr. D’AMATO. That is at least an fully or wrongfully, that there may be out rancor, doing it to the best of our imaginative image, fishing in the Dead people who are calling and orchestrat- ability. We may not be able to com- Sea. I like that. ing this from the White House who just plete all of the work as we would like. Mr. SARBANES. It is very imagina- do not want those facts to come out, If there were facts and information tive, in my opinion. This is a growing whatever they may be. that clearly demonstrated that we had body of editorial view about the nature I do not know what they will be. I to go forward, I am sure that my col- of these hearings. tell you, if they are exculpatory, if leagues would then say, maybe reluc- When we agreed to these hearings on they clear the record, if they clear the tantly, we have to do that. That is the a 96 to 3 vote last May, an essential clouds away, fine, so be it. position we would be placed in. premise was that they would come to a While Senator DOLE has indicated You know, the editorials indicate conclusion. In fact, when the chairman previously the need and necessity to that we should go forward. They also went before the Rules Committee, he keep investigations and hearings from say that there is a caveat, a clear ca- made the point that he wanted to keep going into the political season—and I veat, as it relates to the work of the it a year, so it would not extend into recognize that and I have addressed committee, if we begin to appear to be the election season. that—there is the experience that our unfair, if we appear to be partisan in It was very clear that we were not colleagues and the former majority terms of being demanding, and that we, going to defer to Starr and his trial. leader had during that same period of those of us who are pressing to finish We were going to carry out our hear- time. In his book, ‘‘Men of Zeal,’’ it our work, could feel the political fall- ings, just the way Iran-Contra carried was said that to set a time line is basi- out. But there are what we call com- out their hearings, and Walsh kept cally to encourage people to look at mon sense, common decency, in han- going after they concluded their hear- delay. dling the inquiry in a manner that is ings. Iran-Contra did not come in be- We can continue this back and forth, proper. I think we can do that. I would hind the trials. They carried out their but I hope my colleague will consider like to proceed in that manner. hearings and brought them to a close, what I suggested as a way to attempt I thank my colleague for giving me and, in fact, we stated that to Starr to resolve this without us becoming in- the opportunity, at least, to share very clearly back on October 2 when we volved in other matters. these thoughts with you. I hope that joined and wrote him a letter and said: Let me say this to you. Tomorrow I will advance, if we do not get an exten- between now and tomorrow, when we For these reasons, we believe the concerns come to the floor again, that I have put expressed in your letter do not outweigh the sion and if my colleagues continue to forth something in a manner in a way Senate’s strong interest in concluding its in- vote against cloture—and I have no in which we could possibly move for- vestigation and public hearings into the reason to believe my Democratic col- ward. matter specified in Senate Resolution 120 leagues will not come in here and, to a I suggested some way to begin to re- consistent with section 9 of the resolution. man, vote against proceeding and we solve this, such as taking a period of And section 9 was the February 29 will continue this filibuster—then we time after the completion of the trial. date. So we were very clear about that, will go through the record very clearly I said 10 weeks. My friend may feel as far back as October. and attempt to make the case why it is that is too long, but let us see if we By seeking an indefinite extension, we are seeking to continue, what facts cannot do it. Again, there is a finite there is a complete change in the we are still seeking, what information, amount of time, constrained by very ground rules by which the special com- what witnesses, in detail. They can limited resources, resources of $600,000. mittee has been operating heretofore. still vote that particular way. But then There has been an endeavor by my And I say to the chairman, that is part there will come a point in which we friends to put forth a proposal for 5 of the basis for the very strong opposi- will attempt to do the work of the weeks starting now and $185,000. I tion that we have to an indefinite ex- committee. It may not be as neat, it think we have to say even if that is the tension of this inquiry. It has not been may not be as tidy, but I can assure my most good-faith offer they can make— done before. friend and colleague that we will per- and I do not question the fact that my I commend to you Senator DOLE’s sist. I think when I say we are going to colleague advances that in good faith— very strong comments in 1987 on this undertake something and I am com- I hope that my friend, Senator SAR- very issue in which he was very ex- mitted to seeing to it that we do the BANES, will understand that it will not plicit, repeatedly, with respect to this best job we can, that is something we deal with the question of access to question, and actually to accommo- can count on. those witnesses. date, the Democratic Congress agreed I put forth an offer that I think I can Again, we may never have access to that we would not extend the inquiry get substantial support for. There will them. I admit that. I am not trying to into the election year, thereby politi- be some of my colleagues, as I am sure score debating points here. What I am cizing the matter and, I think, increas- there will be a number of yours, who trying to do is tell you clearly where ing the public perception that what is are adamantly opposed to any kind of we are troubled, what some of those going on is simply a political exercise. compromise. I recognize that, and I March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1595 recognize, in all due sincerity, that my and let us be able to do the best we period for the transaction of routine friend probably has a number of col- can, given that we cannot control all morning business with Senators per- leagues who just do not want to agree the circumstances in this investiga- mitted to speak therein for up to 5 to even 5 weeks. I recognize that, too. tion. Some of it is beyond our ability minutes each. Mr. SARBANES. If the Senator will to control. The PRESIDING OFFICER. Without yield on that point, there are many I yield the floor, and I thank my objection, it is so ordered. people who feel the committee should friend for his courtesies in giving me f have done its work within the require- the opportunity at various times to ments of Senate Resolution 120, just as make some points that I thought were DEPLORING TERRORIST ATTACKS Iran-Contra had to do its work within important. IN ISRAEL its allotted requirements under the res- The PRESIDING OFFICER. Who Mr. DASCHLE. Mr. President, every olution under which it was operating. seeks recognition? American deplores the bombings in Tel Mr. D’AMATO. I really tried as hard Mr. D’AMATO. Mr. President, I be- Aviv and Jerusalem in the past days. as possible to attempt to put forth an lieve, without imposing upon my col- The Tel Aviv bombing was a sense- offer—— league, that concludes our discussion less act of violence cynically targeted Mr. SARBANES. No, I just want you with respect to going forward on the to hit as many innocent people as pos- to understand there are some strongly Whitewater resolution. sible at a shopping mall on a school held views of that sort. Mr. SARBANES. Yes. holiday commemorating what is to be Mr. D’AMATO. Sure, and you must f a joyous holiday of Purim. Once again, recognize that there are legitimately VACANCIES AT THE FEDERAL a suicide bomber did this awful deed; held views that people themselves feel RESERVE BOARD people are dead and injured; a nation is strongly about without any partisan stricken; and the peace process is fur- Mr. D’AMATO. Mr. President, on ther jeopardized. motives being attached to their feel- that note, let me say this. The Banking Ironically, Purim commemorates the ing; that they say we want to end that. Committee has been waiting for time in which Esther, a Jewish hero- I understand that, and I am saying to months now for the President to fill ine, convicted her husband to stop the you that I have a number of Members vacancies at the Federal Reserve who do not want to compromise as it Board. It was just a little less than 2 slaughter of the Jews. There was no relates even to a time line and they weeks ago last Saturday, March 2— modern day Esther Monday in Tel suggest we are going to be back in the there are two vacancies, two other va- Aviv. same problem again. But there comes a cancies aside from Mr. Greenspan—I Monday’s bombing follows Sunday’s point in time when you have to make guess it was about 10 days ago when in Jerusalem, which took place on a the best of the situation. the President indicated that he was street down which I have walked. I can I am suggesting possibly we explore going to recommend not only Chair- see with terrible clarity the horror of looking at a time certain, from which man Greenspan but two other people, Sunday’s bombing. we say we will conclude, that being the Alice Rivlin as the Vice Chairman, and Mr. President, along with my col- conclusion of the trial, one way or the Lawrence Meyer as a Governor. leagues, the President, and all Ameri- other, if it is a hung jury, whatever it Since this announcement from the cans, I offer my condolences to the might be. We may not be able to get White House—and I have indicated pub- families of those killed and injured. I any of those witnesses. licly that we would move expeditiously fear for the future of the peace process, Mr. SARBANES. That is right, and to take up these nominees—we have which offers hope that, maybe, some we need to examine that up front. not received any word and the Federal day, Israelis and Palestinians can walk Mr. D’AMATO. I am first to admit Reserve has been forced to adopt var- down these same streets in Jerusalem that. I am first to admit that. What I ious rules to address this gap so that and Tel Aviv in peace, free of the fear am trying to do is to say there is a Chairman Greenspan could carry on his that they may be the terrorists’ next good faith offer, an attempt to wind work. This continues to be a very criti- victims. I join the President in pledg- this up in a manner that does not de- cal post, and these positions are criti- ing to do all we can to stop this sense- tract from everything and everybody cal. I hope the administration will less slaughter; apprehend the terrorists because there are going to be those move with some speed and alacrity in and bring them to justice; and get the who say in the drumbeat of the politi- sending those nominations over to us peace process back on track. cal spin doctors on one side saying the so we can move. f Senator from New York is attempting I pledge to the body here and to the GEN. BARRY MCCAFFREY, DIREC- to keep this going for political reasons. administration and to the President Mr. SARBANES. That is right. TOR OF THE OFFICE OF NA- that we will move as quickly as we pos- TIONAL DRUG CONTROL POLICY Mr. D’AMATO. I understand that. On sibly can. We will set up a hearing—if the other side, there will be the chorus, it means in the afternoon, if it means Mr. WARNER. Mr. President, in to- What are you hiding? For every edi- whatever time convenient to the nomi- day’s Washington Post there is a re- torial you can produce, I can produce nees—to deal with these important markable article. I commend all to one, two, three, four and you can nominations, because they are impor- read it. It is about the President’s ap- produce some, and back and forth. tant and they are critical. pointment of Gen. Barry McCaffrey, a What does that achieve? My gosh, what We want to move this. I hope they four-star general, to the position of have we advanced? will send those nominations over. Cer- drug czar. It has been my privilege to So I am—and I am not asking you for tainly they should send over Mr. know this fine American for some an answer now—I am asking you to Greenspan at this point in time. We many years. I recall on one occasion, consider attempting to deal with this could dispose of that. I do not under- together with other colleagues in this impasse, so that we do not have to stand why they would not have Mrs. body—it may well have been the distin- come down here and have our col- Rivlin ready, given her long steward- guished whip was on that trip, the Sen- leagues vote, line up on one side, those ship in Federal Government and the ator from Kentucky, when we visited vote to cut off debate, cut off the fili- fact that she has had all her clear- the gulf region. We visited a number of buster, and those who take the oppo- ances, et cetera. So at least two of the U.S. commanders who had taken an site possible positions and all the var- those positions are something we active participation in the war in the ious characterizations that are going would be willing to move on very expe- gulf. General McCaffrey was the gen- to flow—from both sides, absolutely to- ditiously. eral who spearheaded the tank column tally well-meant. All right. So I hope I Mr. President, I yield the floor. which crushed Saddam Hussein’s have covered the waterfront on that. f armor. It may be that we cannot find a way From that experience and many to resolve this. But I am suggesting MORNING BUSINESS other chapters of complete heroism as that I am certainly willing to spare us Mr. D’AMATO. Mr. President, I ask a soldier, he now takes on another as- further debate here, further time here, unanimous consent that there now be a signment and immediately goes into S 1596 CONGRESSIONAL RECORD — SENATE March 6, 1996 battle, this time a battle to counter General McCaffrey considerable sup- In all, the new Clinton drug policy office the threat of illegal drugs and drug port, and I am glad General will have funding for 150 employees, four abuse to this Nation. It is a threat as McCaffrey’s conditions are being met. more than its high point in the Bush admin- serious as any that has ever faced this Just look at the record. The Clinton istration. It was these workers that Clinton administration has virtually wiped out turned to in large measure when he had to Nation in our history from any foreign make the cuts in White House operations to military power or terrorist organiza- the Drug Control Policy office reducing meet his campaign pledge to shave the staff tion. I congratulate the President of the staff from 146 in 1993 to just 25 as of by 25 percent. the United States. Indeed, he had awe- today. This decision to staff up, made Despite significant misgivings from his some powers of persuasion, to get this in conjunction with the appointment of own staff and many outsiders, Clinton ar- American to step aside, to promptly re- General McCaffrey, comes at a time gued during the campaign that the White tire as a four-star officer, a man who when numerous articles and television House should operate with 25 percent fewer may well have been destined to become programs about the terrible increase in workers than in the Bush era. The pledge substance abuse are appearing through- was meant to symbolize the president’s com- Chief of Staff of the U.S. Army. He will mitment to make sacrifices himself before take on a new challenge and enter an- out our country. he asked other parts of government and the other battle in a life which, although Mr. President, thank you for getting American people to sacrifice in the name of this man is quiet and humble, is filled the message from the American people. deficit reduction and more efficient govern- with heroism. I pledge to this fine general and his ment. But General McCaffrey’s appoint- staff my full cooperation so long as I On taking office, the Clinton team used ment is timely, Mr. President. As to- am privileged to be a Member of the some creative accounting to readjust the day’s Washington Post article opens U.S. Senate. I daresay my colleagues baseline of what is normally considered White House staff so that fewer cuts would up—and I will quote the article and I likewise will support him. I yield the floor. I thank the Chair. produce the 25 percent goal. But they still ask unanimous consent that it be had to cut 350 slots from a total of 1,394, and EXHIBIT 1 printed in full at the end of my state- the drug office took by far the biggest hit. ment. ABOUT-FACE White House officials argued that other parts The PRESIDING OFFICER. Without (By Ann Devroy) of the government, including the Pentagon objection, it is so ordered. Moving full circle in this election year, and the State Department, could pick up the (See exhibit 1.) President Clinton plans an ambitious up- slack. Mr. WARNER [reading]: ‘‘By moving grading of the White House drug control pol- White House officials now say they will try full circle in this election year, Presi- icy office three years after virtually wiping to keep the staff level down for the full year out that office in order to fulfill a campaign to meet the 25 percent reduction, even with dent Clinton plans an ambitious up- pledge to reduce White House staff. the rush of new workers. grading of the White House drug con- According to requests submitted yesterday And they reject any link between the elec- trol policy office three years after vir- to Congress and sources at the White House, tion year and staffing up anti-drug efforts. tually wiping out that office in order the president is seeking to increase drug pol- ‘‘Our policy has been strong throughout. to fulfill a campaign pledge to reduce icy staffing from 40 to 150 slots, reversing The president has emphasized anti-drug ef- White House staff.’’ steps he took in 1993 to reduce the office forts throughout his administration. It has How tragic, Mr. President. Just look from 146 workers to 25. been an important priority,’’ Barry Toiv, a In addition, the White House has agreed to what happened statistically since the deputy to White House Chief of Staff Leon E. requests by its new drug policy chief, retired Panetta, said yesterday. ‘‘The president ob- Clinton administration has been in of- Gen. Barry R. McCaffrey, to move the oper- viously has tremendous respect for General fice. ation from a relatively distant office near McCaffrey’s ability, and the general feels The statistics over the past 21⁄2 years the New Executive Office Building back into that with additional resources he can do an are astonishing and alarming. The the Old Executive Office Building, where it even better job. The president wants him to number of 12- to 17-year-olds using was located under its first and most high- have those resources.’’ marijuana in the United States in- profile director, William J. Bennett. McCaf- f creased from 1.6 million in 1992 to 2.9 frey, also at his request, will be a given a slot on the National Security Council, a new MESSAGES FROM THE PRESIDENT million in 1994. power perk, and the job will continue to hold The category of recent marijuana use Cabinet rank. Messages from the President of the increased a staggering 200 percent One White House official explained the re- United States were communicated to among the 14- to 15-year-olds in this versal this way: ‘‘The general wants some the Senate by Mr. Thomas, one of his same period of time. troops to command, and Clinton wanted the secretaries. Since 1992 there has been a 52-percent general.’’ But White House aide Rahm Eman- f jump in the number of high school sen- uel, who handled the upgrading of the oper- EXECUTIVE MESSAGES REFERRED iors using drugs on a monthly basis. ation, said the new staffing levels and access for McCaffrey signal Clinton’s confidence in I spoke with a group of parents the As in executive session the Presiding the former head of the military’s Southern Officer laid before the Senate messages other day. The principal theme of our Command and his commitment to an ex- meeting was education. Yes, we talked panded fight against drugs. from the President of the United extensively about education, but in the ‘‘This is what he needs to get the presi- States submitting sundry nominations course of an exchange between myself dent’s policy implemented,’’ Emanuel said. which were referred to the appropriate and this group they quickly turned to ‘‘It is what the president believes will help committees. the threat that drug abuse poses to us improve on our record.’’ (The nominations received today are While the new staff and spending are likely printed at the end of the Senate pro- their children’s safety. We all know to consign Clinton’s staff-cut efforts to his- that safety in the educational environ- tory, it will help him with what may be a ceedings.) ment equates with the quality of edu- more potent political issue: his commitment f cation that these children hope to re- to drug control at a time when drug use MESSAGES FROM THE HOUSE ceive. We also know that a portion of among young people has risen every year he the violence that occurs in our schools has been in office. At 1:52 p.m., a message from the is related to illegal drugs and their Clinton yesterday sent to Congress a re- House of Representatives, delivered by quest for $3.4 million in supplemental spend- Ms. Goetz, one of its reading clerks, an- sales and distribution. ing for the Office of National Drug Control One in three high school seniors now nounced that the House has passed the Policy. That request will pay for 80 new jobs, following bills, in which it requests the smoke marijuana. The American peo- according to the White House submission. In ple recognize the problems with drug addition, McCaffrey has gotten White House concurrence of the Senate: abuse. A December 1995 Gallup Poll approval to take 30 ‘‘detailees’’ from the H.R. 497. An act to create the National shows that 94 percent of Americans feel Pentagon to his new operation. Detailees are Gambling Impact and Policy Commission. illegal drug abuse is either a crisis, or paid by their home agencies, so their cost is H.R. 2778. An act to provide that members a very serious problem. not reflected in the White House budget. of the Armed Forces performing services for The White House also has given McCaffrey the peacekeeping effort in the Republic of So, Mr. President, I am glad the the go-ahead to formulate a plan for spend- Bosnia and Herzegovina shall be entitled to President of the United States has re- ing an additional $250 million this year on certain tax benefits in the same manner as if sponded. He has gone to general quar- the anti-drug effort, much of it repro- such services were performed in a combat ters, as well he should. He is providing grammed Pentagon funds. one, and for other purposes. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1597 H.R. 2853. An act to authorize the exten- plaints for calendar year 1995; to the Com- S. Res. 227: An original resolution to au- sion of nondiscriminatory treatment (most- mittee on Commerce, Science, and Transpor- thorize the use of additional funds for sala- favored-nation treatment) to the products of tation. ries and expenses of the Special Committee Bulgaria. EC–1922. A communication from the Sec- To Investigate Whitewater Development At 4:02 p.m., a message from the retary of Transportation, transmitting, pur- Corporation and Related Matters, and for suant to law, a report on the Federal Avia- House of Representatives, delivered by other purposes. tion Administration; to the Committee on f Mr. Hays, one of its reading clerks, an- Commerce, Science, and Transportation. nounced that the House agrees to the EC–1923. A communication from the Sec- REPORTS OF COMMITTEES committee of conference on the dis- retary of Transportation, transmitting, pur- The following reports of committees suant to law, a report on the benefits of safe- agreeing votes of the two Houses on were submitted: the amendment of the Senate to the ty belts and motorcycle helmets; to the Committee on Commerce, Science, and By Mr. HATFIELD, from the Committee bill (H.R. 927) to seek international on Appropriations, without amendment: sanctions against the Castro govern- Transportation. EC–1924. A communication from the Sec- S. 1594. An original bill making omnibus ment in Cuba, to plan for support of retary of Transportation, transmitting, pur- consolidated rescissions and appropriations transition leading to a democratically suant to law, a report entitled ‘‘Effectiveness for the fiscal year ending September 30, 1996, elected government in Cuba, and for of Occupant Protection Systems and Their and for other purposes (Rept. No. 104–236). other purposes. Use’’; to the Committee on Commerce, By Mr. BOND, from the Committee on Small Business, with an amendment in the f Science, and Transportation. EC–1925. A communication from the Sec- nature of a substitute: MEASURE REFERRED retary of Commerce, transmitting, pursuant S. 942. A bill to promote increased under- to law, a report on Federal technology part- standing of Federal regulations and in- The following bill was read the first nerships; to the Committee on Commerce, creased voluntary compliance with such reg- and second times by unanimous con- Science, and Transportation. ulations by small entities, to provide for the sent and referred as indicated: EC–1926. A communication from the Sec- designation of regional ombudsmen and H.R. 2853. An act to authorize the exten- retary of Commerce, transmitting, pursuant oversight boards to monitor the enforcement sion of nondiscriminatory treatment (most- to law, a report entitled ‘‘Fisheries of the practices of certain Federal agencies with re- favored-nation treatment) to the products of United States’’; to the Committee on Com- spect to small business concerns, to provide Bulgaria; to the Committee on Finance. merce, Science, and Transportation. relief from excessive and arbitrary regu- EC–1927. A communication from the Chair- latory enforcement actions against small en- f man of the National Transportation Safety tities, and for other purposes. MEASURE READ THE FIRST TIME Board, transmitting, pursuant to law, a re- By Mr. HATFIELD, from the Committee port of a budget estimate, request, or infor- on Appropriations: The following bill was read the first mation; to the Committee on Commerce, Special Report entitled ‘‘Revised Alloca- time: Science, and Transportation. tion to Subcommittees of Budget Totals H.R. 497. An act to create the National EC–1928. A communication from the Ad- from the Concurrent Resolution for Fiscal Gambling Impact and Policy Commission. ministrator of the Energy Information Ad- Year 1996’’ (Rept. No. 104–237). ministration, Department of Energy, trans- f f mitting, pursuant to law, a report entitled EXECUTIVE AND OTHER ‘‘Performance Profiles of Major Energy Pro- EXECUTIVE REPORTS OF COMMUNICATIONS ducers 1994’’; to the Committee on Energy COMMITTEES and Natural Resources. The following executive reports of The following communications were EC–1929. A communication from the Sec- committees were submitted: laid before the Senate, together with retary of Energy, transmitting, pursuant to accompanying papers, reports, and doc- law, the 1994 annual report on low-level ra- By Mrs. KASSEBAUM, from the Commit- uments, which were referred as indi- dioactive waste management; to the Com- tee on Labor and Human Resources. Marca Bristo, of Illinois, to be a Member of cated: mittee on Energy and Natural Resources. EC–1930. A communication from the Sec- the National Council on Disability for a term EC–1915. A communication from the Under retary of Energy, transmitting, pursuant to expiring September 17, 1998. (Reappointment) Secretary of Defense, transmitting, pursuant law, a report relative to Exxon and stripper Kate Pew Wolters, of Michigan, to be a to law, the report of a violation of the well oil overcharge funds as of September 30, Member of the National Council on Disabil- Antideficiency Act, case number 94-08; to the 1995; to the Committee on Energy and Natu- ity for a term expiring September 17, 1998. Committee on Appropriations. ral Resources. (Reappointment) EC–1916. A communication from the Sec- EC–1931. A communication from the Dep- Edna Fairbanks-Williams, of Vermont, to retary of Energy, transmitting, pursuant to uty Associate Director for Compliance, Roy- be a Member of the Board of Directors of the law, the report on the Elk Hills Reserve; to alty Management Program, Minerals Man- Legal Services Corporation for a term expir- the Committee on Armed Services. agement Service, Department of the Inte- ing July 13, 1998. (Reappointment) EC–1917. A communication from the Direc- rior, transmitting, pursuant to law, notice of Donna Dearman Smith, of Alabama, to be tor of Administration and Management, Of- the intention to make refunds of offshore a Member of the Board of Trustees of the fice of the Secretary of Defense, transmit- lease revenues where a refund or recoupment Barry Goldwater Scholarship and Excellence ting, pursuant to law, the report of agree- is appropriate; to the Committee on Energy in Education Foundation for a term expiring ments and transactions for fiscal year 1995; and Natural Resources. March 3, 1998. to the Committee on Armed Services. EC–1932. A communication from the Direc- LaVeeda Morgan Battle, of Alabama, to be EC–1918. A communication from the Presi- tor of the Minerals Management Service, De- a Member of the Board of Directors of the dent and Chairman of the Export-Import partment of the Interior, transmitting, pur- Legal Services Corporation for a term expir- Bank, transmitting, pursuant to law, a state- suant to law, the report of the Proposed 5- ing July 18, 1998. (Reappointment) ment regarding a transaction involving ex- Year Outer Continental Shelf (OCS) Leasing John N. Erlenborn, of Illinois, to be a ports to Ukraine; to the Committee on Bank- Program for 1997–2002; to the Committee on Member of the Board of Directors of the ing, Housing, and Urban Affairs. Energy and Natural Resources. Legal Services Corporation for a term expir- EC–1919. A communication from the Execu- EC–1933. A communication from the Dep- ing July 13, 1998. tive Director of the Thrift Depositor Protec- uty Associate Director for Compliance, Roy- David Finn, of New York, to be a Member tion Oversight Board, transmitting, pursu- alty Management Program, Minerals Man- of the National Council on the Humanities ant to law, the report under the Freedom of agement Service, Department of the Inte- for a term expiring January 26, 2000. Information Act for calendar year 1995; to rior, transmitting, pursuant to law, notice of William P. Foster, of Florida, to be a Mem- the Committee on Banking, Housing, and the intention to make refunds of offshore ber of the National Council on the Arts for a Urban Affairs. lease revenues where a refund or recoupment term expiring September 3, 2000. EC–1920. A communication from the Vice is appropriate; to the Committee on Energy Patricia Wentworth McNeil, of Massachu- President of Government and Public Affairs and Natural Resources. setts, to be Assistant Secretary for Voca- of the National Railroad Passenger Corpora- f tional and Adult Education, Department of tion, transmitting, pursuant to law, the Am- Education. trak annual report for calendar year 1995 and REPORTS OF COMMITTEE Norman I. Maldonado, of Puerto Rico, to grant request and legislative report for cal- SUBMITTED DURING RECESS be a Member of the Board of Trustees of the endar year 1996; to the Committee on Com- Harry S Truman Scholarship Foundation for merce, Science, and Transportation. Pursuant to the order of the Senate a term expiring December 10, 1999. EC–1921. A communication from the Comp- of March 5, 1996, the following report Wallace D. McRae, of Montana, to be a troller of the Currency, transmitting, pursu- was submitted during the recess of the Member of the National Council on the Arts ant to law, the report on consumer com- Senate: for a term expiring September 3, 1998. S 1598 CONGRESSIONAL RECORD — SENATE March 6, 1996 Luis D. Rovira, of Colorado, to be a Mem- proposed missile tests by the People’s Repub- register as a lobbyist under the Lobbying ber of the Board of Trustees of the Harry S lic of China; to the Committee on Foreign Disclosure Act of 1995 (2 U.S.C. 1601 et Truman Scholarship Foundation for a term Relations. seq.).’’. expiring December 10, 2001. f (b) REPORTING.—Section 304(b) of the Fed- Patrick Davidson, of California, to be a eral Election Campaign Act of 1971 (2 U.S.C. Member of the National Council on the Arts STATEMENTS ON INTRODUCED 434(b)) is amended— for a term expiring September 3, 2000. BILLS AND JOINT RESOLUTIONS (1) in paragraph (7), by striking ‘‘and’’ Townsend D. Wolfe, III, of Arkansas, to be after the semicolon; a Member of the National Council on the By Mr. MCCAIN: (2) in paragraph (8), by striking the period Arts for a term expiring September 3, 2000. S. 1591. A bill to prohibit campaign at the end and inserting ‘‘; and’’; and Pascal D. Forgione, Jr., of Delaware, to be expenditures for services of lobbyists, (3) by adding at the end the following new Commissioner of Education Statistics for a and for other purposes; to the Commit- paragraph: term expiring June 21, 1999. tee on Rules and Administration. ‘‘(9) for an authorized committee, an iden- Speight Jenkins, of Washington, to be a CAMPAIGN EXPENDITURES LEGISLATION tification, including the name and address, Member of the National Council on the Arts of any lobbyist (as that term is defined in Mr. MCCAIN. Mr. President, recently for a term expiring September 3, 2000. ∑ section 3 of the Lobbying Disclosure Act of Mary Burrus Babson, of Illinois, to be a the Congress was successful in passing 1995 (2 U.S.C. 1602)) who provided services to Member of the Board of Directors of the Cor- legislation that would ban gifts from the authorized committee, regardless of poration for National and Community Serv- Members and staff and put a wall be- whether disbursements were made for such ice for a term of one year. (New Position.) tween lobbyists who seek to curry spe- services.’’. (The above nominations were re- cial favor by the giving of gifts. Unfor- SEC. 2. AMENDMENT OF LOBBYING DISCLOSURE ported with the recommendation that tunately, recent news articles have ex- ACT OF 1995. they be confirmed, subject to the nomi- posed a loophole that some have sought Section 5(b) of the Lobbying Disclosure nees’ commitment to respond to re- to exploit. Specifically, some lobbyists Act of 1995 (2 U.S.C. 1604(b)) is amended— quests to appear and testify before any (1) in paragraph (3), by striking ‘‘and’’ have served as fundraisers for Members after the semicolon; duly constituted committee of the Sen- of Congress and sought to increase (2) in paragraph (4), by striking the period ate.) their influence by means of coordinat- at the end and inserting ‘‘; and’’; and f ing campaign contributions (3) by adding at the end the following new Mr. President, this practice must paragraph: INTRODUCTION OF BILLS AND stop. Registered lobbyists who work for ‘‘(5) the amount and date of each contribu- JOINT RESOLUTIONS campaigns as fundraisers clearly rep- tion by the registrant to a candidate, or an The following bills and joint resolu- resent a conflict of interest. When a authorized committee (as that term is de- fined in section 301 of the Federal Election tions were introduced, read the first campaign employs an individual who and second time by unanimous con- Campaign Act of 1971 (2 U.S.C. 431)) of a can- also lobbies that Member, the percep- didate, for the office of Senator or Rep- sent, and referred as indicated: tion of undue and unfair influence is resentative in, or Delegate or Resident Com- By Mr. MCCAIN: raised. This legislation would stop such missioner to, the Congress.’’.• S. 1591. A bill to prohibit campaign expend- practices. itures for services of lobbyists, and for other This bill would ban a candidate or a By Mr. LAUTENBERG (for him- purposes; to the Committee on Rules and Ad- self, Ms. MOSELEY-BRAUN, Mrs, ministration. candidate’s authorized committee from BOXER, Ms. SNOWE, Mr. SIMON, By Mr. LAUTENBERG (for himself, paying registered lobbyists. Addition- Mr. KERRY, and Mr. FEINGOLD): Ms. MOSELEY-BRAUN, Mrs. BOXER, Ms. ally, the bill would mandate that any SNOWE, Mr. SIMON, Mr. KERRY, and contributions made by a registered lob- S. 1592. A bill to strike the prohibi- Mr. FEINGOLD): byist be reported by such individual tion on the transmission of abortion- S. 1592. A bill to strike the prohibition on when he or she files his or her lobbying related matters, and for other pur- the transmission of abortion-related mat- disclosure report as mandated by the poses; to the Committee on the Judici- ters, and for other purposes; to the Commit- Lobbying Disclosure Act. ary. tee on the Judiciary. THE COMSTOCK CLEAN-UP ACT OF 1996 By Mr. SPECTER (for himself and Mr. Mr. President, this bill is not aimed KERREY): at any individual, but instead at a ∑ Mr. LAUTENBERG. Mr. President, S. 1593. A bill to amend the National Secu- practice that has come to light. It is on behalf of Senators SNOWE, MOSELEY- rity Act of 1947 to provide for the appoint- also not meant in any way to impugn BRAUN, BOXER, FEINGOLD, KERRY, ment of two Deputy Directors of Central In- anyone’s integrity or good name. But SIMON, and myself, today I am intro- telligence, to strengthen the authority of the it does seek to end a practice that is ducing legislation, the Comstock Director of Central Intelligence over ele- giving the Congress as a whole a bad Clean-up Act, to repeal a law that pro- ments of the Intelligence Community, and hibits the transmission of abortion-re- for other purposes; to the Select Committee name. on Intelligence. These two small changes in law rep- lated information over the Internet By Mr. HATFIELD: resent a substantial effort to close any and through the mail. S. 1594. An original bill making omnibus loopholes that exist in our lobbying Mr. President, freedom of speech is consolidated rescissions and appropriations and gift laws. The Congress has begun among the most fundamental of demo- for the fiscal year ending September 30, 1996, to make great strides to restore the cratic rights. Yet the recently-enacted and for other purposes; from the Committee public’s confidence in this institution. telecommunications bill include a lit- on Appropriations; placed on the calendar. We must continue that good work. tle-noticed provision that directly vio- By Mr. BRADLEY (for himself, Mr. Mr. President, I ask unanimous con- lates this basic principle. LEAHY, Mr. SIMON, Mr. LAUTENBERG, Mr. GRAHAM, Mr. BRYAN, Mr. PELL, sent that the text of the bill be printed The provision applies to the Internet Ms. MOSELEY-BRAUN, and Mr. in the RECORD. an archaic law known as the Comstock KERRY): There being no objection, the bill was Act. The Comstock Act prohibits the S. 1595. A bill to repeal the emergency sal- ordered to be printed in the RECORD, as interstate transport of materials that vage timber sale program, and for other pur- follows: provide information about abortion, or poses; to the Committee on Energy and Nat- S. 1591 the interstate transport of drugs or de- ural Resources. Be it enacted by the Senate and House of Rep- vices that are used to perform abor- f resentatives of the United States of America in tions. These prohibitions were first en- SUBMISSION OF CONCURRENT AND Congress assembled, acted in 1873, and they have been on SENATE RESOLUTIONS SECTION 1. AMENDMENT OF FECA. the books ever since. Under the law, The following concurrent resolutions (a) IN GENERAL.—Section 315 of the Federal first-time violators are subject to a Election Campaign Act of 1971 (2 U.S.C. 441a) fine of up to $250,000 and five years in and Senate resolutions were read, and is amended by adding at the end the follow- referred (or acted upon), as indicated: prison. ing new subsection: Mr. President, these prohibitions al- By Mr. THOMAS (for himself, Mr. ‘‘(i) Notwithstanding any other provision most certainly are unconstitutional. HELMS, Mr. MURKOWSKI, Mr. SIMON, of this Act, a candidate and the candidate’s and Mr. MACK): authorized committees shall not make dis- And, fortunately, President Clinton S. Con. Res. 43. A concurrent resolution ex- bursements for any services rendered by, any has said that his Justice Department pressing the sense of the Congress regarding individual if such individual, was required to will not enforce them. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1599 Yet many users of the Internet are SECTION 1. SHORT TITLE. sion reflecting a prosecution of abortion-re- concerned, and understandably so. This Act may be cited as the ‘‘Comstock lated speech under § 1462. After all, Bill Clinton is a pro-choice Clean-up Act of 1996’’. Nothing in the Telecommunications Act SEC. 2. IMPORTATION OR TRANSPORTATION OF provides any reason to alter the Department President. But what if Pat Buchanan CERTAIN ABORTION-RELATED MAT- of Justice’s nonenforcement policy. In his wins the Presidency? Or BOB DOLE? TERS. signing statement yesterday, the President Zealous prosecutors in their adminis- Section 1462 of title 18, United States Code, stated: trations might well use the new law to is amended by striking subsection (c). I . . . object to the provision in the Act harass people who are pro-choice, and SEC. 3. MAILING OF ABORTION-RELATED MAT- concerning the transmittal of abortion-relat- to chill speech about abortion over the TERS. ed speech and information. Current law, 18 Internet. Section 1461 of title 18, United States Code, U.S.C. 1462, prohibits transmittal of this in- In other words, if you distribute in- is amended by striking ‘‘; and—’’ and all that formation by certain means, and the Act follows through ‘‘Is declared’’ and inserting would extend that law to cover transmittal formation about abortion over the ‘‘is declared’’. Internet today, there’s no assurance by interactive computer services. The De- partment of Justice has advised me of its that you won’t be prosecuted next OFFICE OF THE ATTORNEY GENERAL, longstanding policy that this and related year. Washington, DC., February 9, 1996. abortion provisions in current law are un- Mr. President, anyone prosecuted Hon. NEWT GINGRICH, constitutional and will not be enforced be- under this law almost certainly would Speaker of the House, House of Representatives, cause they violate the First Amendment. be able to successfully challenge its Washington, DC. The Department has reviewed this provision constitutionality. Yet who wants to be DEAR MR. SPEAKER: On February 7, 1996, a of S. 652 and advises me that it provides no lawsuit was filed challenging the constitu- the one innocent American who’s basis for altering that policy. Therefore, the tionality of a provision of 18 U.S.C. § 1462, as Department will continue to decline to en- forced to defend hereself against the amended by section 507(a)(1) of the Tele- power of the U.S. Government? The force that provision of current law, amended communications Act of 1996. Sanger, et al. v. by this legislation, as applied to abortion-re- costs of defending oneself in a criminal Reno, Civ. No. 96–0526 (E.D.N.Y.). Yesterday, lated speech. case often are enormous. And many a second lawsuit was filed, raising the same The principal function of § 1462 is to pro- Internet users will be unwilling to risk challenge to § 1462 along with claims that hibit the interstate carriage of ‘‘obscene, being a test case. Current law therefore several other provisions of the Tele- lewd, lascivious, . . . filthy . . . [and] inde- threatens to have a severe chilling ef- communications Act are unconstitutional. cent’’ materials. See § 1462(a). The Supreme fect on abortion-related speech. American Civil Liberties Union, et al. v. Reno, Court has construed this prohibition to be Over the past few years, numerous Civ. No. 96–963 (E.D. Pa.). This letter relates limited to materials that meet the test of solely to the claims regarding § 1462, as pro-choice groups, such as the National ‘‘obscenity’’ announced in Miller v. Califor- amended. Plaintiffs in both cases allege that 2 Abortion and Reproductive Rights Ac- nia, 413 U.S. 15 (1973). Congress’s express § 1462, as amended, violates the First Amend- purpose in enacting the amendment to § 1462 tion League and Planned Parenthood, ment insofar as it prohibits the interstate in Telecommunications Act § 507 was to have established home pages on the transmission of certain communications re- ‘‘clarify[]’’ that obscene materials cannot be world wide web. These home pages pro- garding abortion via common carrier or via transmitted interstate via interactive com- vide important information about birth an interactive computer service. puter services.3 In this respect, § 1462 and its control, women’s health, and abortion. This is to inform you that the Department amendment in § 507 are constitutionally Women can also obtain information of Justice will not defend the constitutional- unobjectionable, and the Department will about clinics in their area over the ity of the abortion-related speech provision continue to enforce § 1462 with respect to the of § 1462 in those cases, in light of the Depart- transmittal of obscenity. Internet. Within the last month and a ment’s longstanding policy to decline to en- However, § 1462 also prohibits the inter- half alone, over 1,500 people have force the abortion-related speech prohibi- state transmission of certain communica- accessed such an Internet site. Under tions in § 1462 (and in related statutes, i.e., 18 tions regarding abortion. As amended by § 507 this new law, these 1,500 persons poten- U.S.C. § 1461 and 39 U.S.C. § 3001) because they of the Telecommunications Act, § 1462 pro- tially could have been arrested, fiend are unconstitutional under the First Amend- vides, in pertinent part, that it shall be a fel- up to $250,000, or sent to prison for five ment. ony to: years. In 1981, Attorney General Civiletti in- knowingly use[] any express company or Mr. President, this law adversely af- formed the Speaker of the House and the other common carrier or interactive com- fects people on both sides of the abor- President of the Senate that it was the pol- puter service . . . for carriage in interstate icy of the Department of Justice to refrain tion issue. Groups opposed to abortion or foreign commerce [of] . . . from enforcing similar speech prohibitions in (c) any . . . written or printed card, letter, are at risk when they mail information two cognate statutes—39 U.S.C. § 3001 and 18 circular, book, pamphlet, advertisement, or about abortion providers, just as are U.S.C. § 1461—with respect to ‘‘cases of truth- notice of any kind giving information, di- those who support abortion rights. All ful and non-deceptive documents containing rectly or indirectly, where, how, or of whom, Americans should be able to freely dis- information on how to obtain a lawful abor- or by what means any [drug, medicine, arti- cuss abortion-related matters, no mat- tion.’’ Letter to Attorney General Benjamin cle, or thing designed, adapted, or intended ter how they might feel about this R. Civiletti to the Hon. Thomas P. O’Neill, for producing abortion] may be obtained or issue. Jr., at 2 (Jan. 13, 1981). According to the At- made. So this bill would repeal the prohibi- torney General, there was ‘‘no doubt’’ that Thus, on its face, § 1462 prohibits the use of those statutes were unconstitutional as ap- an interactive computer service for ‘‘car- tion against the interstate transpor- plied to such speech. Id. at 1. The Attorney tation of drugs and articles that riage in interstate . . . commerce’’ of any in- General left open the possibility that the formation concerning ‘‘any drug, medicine, produce abortions and the dissemina- two statutes might still be applied to certain article, or thing designed, adapted, or in- tion of abortion-related information abortion-related commercial speech. Id. at 3. tended for producing abortion.’’ 4 across State lines. It also would repeal Two years later, the Supreme Court held It plainly would be unconstitutional to en- a prohibiton against mailing informa- that § 3001 cannot constitutionally be applied force § 1462 with respect to speech or infor- tion about abortions, abortion provid- to commercial speech concerning contracep- mation concerning abortion, because the re- ers and articles or drugs that produce tion, at least not where the speech in ques- striction on abortion-related speech is tion is truthful and not misleading. Bolger v. impermissibly content-based. This conclu- abortions. Youngs Drug products Corp., 463 U.S. 60 (1983). sion is confirmed by the judicial and Execu- Mr. President, I hope my colleagues The holding in Bolger would apply equally tive Branch treatment of similar prohibi- on both sides of the aisle and both sides with respect to abortion-related commercial tions on speech concerning abortion and con- of the abortion debate join me in sup- speech. See Bigelow v. Virginia, 421 U.S. 809 traception, contained in two cognate stat- port of this legislation and I ask unani- (1975). utes, 39 U.S.C. § 3001 and 18 U.S.C. § 1461. Sec- mous consent that a copy of the bill, Section 1462 is subject to the same con- tion 3001 provides that abortion and contra- and related materials, be printed in the stitutional defect as §§ 1461 and 3001 with re- ception-related speech is ‘‘nonmailable’’; and spect to its application to abortion-related § 1461 makes such mailing subject to criminal RECORD. 1 There being no objection, the mate- speech and information. As a result of the sanctions. In 1972, a district court declared Department’s conclusion that prosecution of that § 3001 was unconstitutional insofar as it rial was ordered to be printed in the abortion-related speech under § 1462 and re- rendered abortion-related speech ‘‘non- RECORD, as follows: lated statutes would violate the First mailable.’’ Atlanta Coop. News Project v. Unit- S. 1592 Amendment, the Department’s longstanding ed States Postal Serv., 350 F. Supp. 234, 238–39 Be it enacted by the Senate and House of policy has been to decline to enforce those (N.D. Ga. 1972).5 The next year, another dis- Representatives of the United States of America statutes with respect to that speech. What is trict court declared both § 3001 and § 1461 un- in Congress assembled, more, we are not aware of any reported deci- constitutional as applied to noncommercial S 1600 CONGRESSIONAL RECORD — SENATE March 6, 1996 speech concerning abortion and contracep- § 1461 because the plaintiffs in that case were § 1462(c) which deny women access to real tion. Associated Students for Univ. of Califor- not threatened with prosecution. Id. at 239. health care information about abortion. nia at Riverside v. Attorney General, 368 18 U.S.C. § 1462(c) must be repealed. Not F.Supp. 11, 21–24 (C.D. Calif. 1973). As the At- NARAL PROMOTING only does it threaten the First Amendment, torney General later explained to the Con- REPRODUCTIVE CHOICES, jeopardize free flow of medical information, gress, the Solicitor General declined to ap- Washington, DC, March 6, 1996. and exclude issues critical to women from peal the decisions in Atlanta Coop. News Hon. FRANK LAUTENBERG, new communications technology, it also re- Project and Associated Students ‘‘on the U.S. Senate, flects a broader agenda to drive abortion un- ground that 18 U.S.C. § 1461 and 39 U.S.C. Washington, DC. derground by characterizing this health care § 3001(e) were constitutionally indefensible’’ DEAR SENATOR LAUTENBERG. I am writing as an illicit procedure. as applied to abortion-related speech. See to lend NARAL’s strong support to legisla- For these reasons, we applaud your efforts Letter of Attorney General Benjamin R. tion your introducing today which seeks to to repeal § 1462(c) as a necessary step toward Civiletti to the Hon. Thomas P. O’Neill, Jr., delete the ban on abortion-related speech safeguarding women’s health and providing at 2 (Jan. 13, 1981). And, as explained above, from the 1873 Comstock Law governing the women the information they need to make in 1981 the Attorney General informed the importation or transportation of obscene thoughtful and responsible health care deci- Congress that the Department of Justice matters. A little noticed provision in the re- sions. would decline to enforce §§ 1461 and 3001 in cently passed 1996 Telecommunications Act Sincerely, cases of truthful and non-deceptive docu- resurrects and expands the 123 year old law, KATHRYN KOLBERT. ments containing information on how to ob- making it a federal crime to use interactive tain a lawful abortion. computer systems to provide or receive in- PLANNED PARENTHOOD Nothing in recent Supreme Court law re- formation about abortion. OF NEW YORK CITY, INC., specting the First Amendment has affected As an organization committed to ensuring New York, NY, February 27, 1996. the conclusions reached by the district that American women have access to all in- Hon. FRANK R. LAUTENBERG, courts in Atlanta Coop. News Project and Asso- formation relating to reproductive health U.S. Senate, Senate Hart Office Building, ciated Students, the 1981 opinion of Attorney care services, we and other pro-choice orga- Washington, DC. General Civiletti, or the Supreme Court’s de- nizations have filed a lawsuit in U.S. District DEAR SENATOR LAUTENBERG: We thank you cision in Bolger. Indeed, the Supreme Court Court in New York to block this criminal for introducing critical legislation to repeal on several recent occasions has strongly ban on abortion related speech on the the ‘‘abortion gag rule’’ portion of the Tele- reaffirmed the principle that the First Internet. communications Act. Amendment, subject only to narrow and Millions of Americans use the Internet to We are gratified that pro-choice leaders well-understood exceptions not applicable communicate with other Americans and to like you are battling this misguided attempt here, ‘‘does not countenance governmental read information on a wide range of topics. to turn back the clock 80 years—to 1916, control over the content of messages ex- The Internet provides an unprecedented op- when the Comstock Law was used to jail my pressed by private individuals.’’ Turner portunity to provide critical information grandmother and Planned Parenthood found- Broadcasting System, Inc. v. FCC, 114 S. Ct. about women’s reproductive rights and er Margaret Sanger. It is shocking to realize 2445, 2458–59 (1994) (citing R.A.V. v. City of St. health. Without swift passage of your legis- that I, too, could be jailed for violating the Paul, 505 U.S. 377 (1992); Texas v. Johnson, 491 lation, millions of American women could same law, having published on the Internet U.S. 397 (1989)). lose access to vital information they need to our brochure ‘‘How to Find A Safe Abortion In the Sanger case, Judge Sifton yesterday make informed, responsible decisions about Clinic.’’ At times like these it is reassuring denied plaintiffs’ motion for a temporary re- their reproductive health. I applaud your ef- to know that we can count on some voices of straining order after the United States At- forts to remove this anachronistic ban on reason in Congress: those who understand torney represented that the Department’s abortion-related speech and your commit- that the freedom to speak about sexual and policy is to decline to enforce the pertinent ment to ensuring that American women have reproductive health issues, including infor- provision of § 1462. Judge Sifton further ruled access to vital reproductive health care in- mation on safe abortion services are rights that a three-judge court hearing on any dis- formation. protected by our Constitution. positive motions will be convened next Sincerely, Planned Parenthood of New York City month, after briefing. In the ACLU case be- KATE MICHELMAN, deeply appreciates your courageous stance to fore Judge Buckwalter, the Government is President. protect and advance the rights of all Ameri- due to respond to a motion for a TRO on Feb- cans. We stand ready to help you in any way ruary 14, 1996. In accordance with the prac- THE CENTER FOR REPRODUCTIVE we can, and hope you will call on us to do so. tice of the Department, I am informing the LAW AND POLICY, Sincerely, Congress that in neither case will the De- New York, NY, March 5, 1996. ALEXANDER C. SANGER, partment of Justice defend the constitu- Hon. FRANK LAUTENBERG, President. tionality of the provision of § 1462 that pro- Senate Hart Office Building, hibits speech concerning abortion. Washington, DC. CALIFORNIA ABORTION AND Sincerely, DEAR SENATOR LAUTENBERG: On behalf of REPRODUCTIVE RIGHTS ACTION LEAGUE, JANET RENO. the Center for Reproductive Law and Policy San Francisco, CA, February 26, 1996. FOOTNOTES (CRLP), I am writing to support your effort SENATOR FRANK LAUTENBERG, 1 The only material difference between to repeal the ban on abortion information on Hart Office Building, § 1462 and the cognate prohibitions in §§ 1461 the Internet found in 18 U.S.C. 1462(c). CRLP, Washington, DC. and 3001 is that § 1462 regulates interstate an independent non-profit legal organization DEAR SENATOR LAUTENBERG: On behalf of ‘‘carriage’’ of information by common car- dedicated to preserving and ensuring wom- the California Abortion and Reproductive rier, rather than dissemination of that infor- en’s access to reproductive health and rights, Rights League-North (CARAL-North), I am mation through the mail. This distinction is represents the plaintiffs in Sanger v. Reno, a writing in support of legislative efforts to not material to the constitutional issue in federal case challenging this ban. amend the Comstock Act, 18 U.S.C. 1462, by this context. 18 U.S.C. § 1462(c) is an affront to the First striking subsection (c) dealing with the 2 See Hamling v. United States, 418 U.S. 87, Amendment rights of our plaintiffs, as well transportation of certain abortion-related 114 (1974); United States v. Orito, 413 U.S. 139, as all reproductive health care professionals, matters. 145 (1973), United States v. 12 200-Ft. Reels of women’s civil rights activists, students, and CARAL-North is one of the plaintiffs in Super 8mm Film, 413 U.S. 123, 130 n.7 (1973). particularly women seeking information in Sanger v. Reno, the lawsuit challenging re- 3 The Conference Committee on the Tele- order to make comprehensive reproductive cently enacted restrictions on the dissemina- communications Act noted that § 507 is in- health care decisions. 18 U.S.C. 1462(c)’s ban tion of information and material about abor- tended to address the use of computers to on abortion information on the Internet is tion. CARLA-North maintains a site on the sell or distribute ‘‘obscene’’ material. Joint broad enough to encompass a wide range of World Wide Web and uses the Internet to Explanatory Statement of the Committee of activities, including advertisement of abor- provide information about abortion and re- Conference at 77, reprinted in 142 Cong. Rec. tions services; transmission of chemical for- productive rights—activities proscribed H1130 (daily ed. Jan. 31, 1996). mulas for drugs that can be used to induce under the Comstock Act as amended by the 4 The Conference Committee Report on the abortion; purchase or sale of medical equip- telecommunications bill recently passed by Telecommunications Act explicitly notes ment used in abortion procedures; and com- Congress and signed into law by President that the prohibitions in § 1462 apply regard- puter bulletin boards or World Wide Web Clinton. less of whether the purpose for distributing sites that tell women where they can obtain CARAL-North believes that the protection the material in question is commercial or abortions. of women’s health and women’s rights re- non-commercial in nature. Joint Explana- While anti-choice forces promote coercive quires the greatest possible availability of tory Statement of the Committee of Con- so-called ‘‘informed consent’’ laws requiring information about where, when and how ference at 77, reprinted in 142 Cong. Rec. health care professionals to recite a litany of women can obtain safe and legal abortions. H1130 (daily ed. Jan. 31, 1996). unwanted and misleading information to Legislation like 18 U.S.C. 1462(c)—which re- 5 That court did not reach the merits of the women seeking abortions, they simulta- stricts or prohibits the spread of such infor- challenge to the criminal prohibition in neously enact provisions such as 18 U.S.C. mation and the transport of materials used March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1601 in performing legal, accepted medical proce- The Brown Commission, which filed issue of Soviet domination in sending dures—has no place in this society. its report last Friday, March 1, today tainted material back to the CIA, CARAL-North commends your work to testified before the Senate Intelligence which the CIA had known to be taint- protect women’s rights and health by remov- ing this barrier to reproductive health, and Committee, which I chair, and, as a ed, controlled by Soviet sources, and thanks you. courtesy, Senator KERREY, the distin- yet that information was passed on to Sincerely, guished vice chairman of the commit- the highest levels, one key bit of infor- ANN G. DANIELS, tee, and I are introducing their legisla- mation going to the White House in Executive Director. tive package. January of 1993 for both the President The Brown Commission came to and the President-elect. THE FEMINIST MAJORITY, some very important conclusions, When questioned by the Intelligence Arlington, VA, March 5, 1996. many of which I agree with, some of Committee, this ranking, ex-CIA offi- Hon. FRANK LAUTENBERG, U.S. Senate, 506 Hart Senate Office Building, which I do not agree with. cial said, ‘‘Well, we pass it on. We know Washington, DC. I think they made an important better than the customers. If we told DEAR SENATOR LAUTENBERG: On behalf of statement on the need for continuing them it was tainted, they wouldn’t use the Feminist Majority, I am writing to sup- U.S. intelligence activities because it.’’ Really, an incomprehensible sort port your effort to repeal the ban on abor- there are still many dangers in the of a situation. tion information on the Internet found in 18 world, notwithstanding the demise of I think Director Deutch has done a U.S.C. 1462(c). The Feminist Majority is one very good job in his few months at the of the plaintiffs in the Sanger v. Reno case, a the Soviet Union. They have taken a federal case challenging this ban. step to eliminate secrecy by their rec- CIA. He faces a very, very difficult sit- Use of 18 U.S.C. 1462(c) is an affront to the ommendation on the disclosure of the uation. When he concurred in testi- First Amendment rights of the Feminist Ma- total Intelligence Committee budget, a mony before the commission as to a jority and the other plaintiffs, as well as all position adopted on the floor of this Guatemala incident, that there had reproductive health care professionals, wom- body several years ago but overturned been willful failure to disclose, he later en’s civil rights activists, students, and par- changed that view in a letter to the In- ticularly women seeking information in in conference. The suggestion, I think, order to make comprehensive reproductive is very, very important as a start on telligence Committee a few days later, health care decisions. 18 U.S.C. 1462(c) is declassification. My sense has been, in showing the difficulties of being the broad enough to encompass a wide range of so many documents that crossed my Director of the CIA compared with a activities, including advertisement of abor- desk as chairman of the Intelligence more independent role or at least a dif- tion services over the Internet; Internet Committee, many are classified that ferent role than the Senate Intel- transmission of chemical formulas for drugs need not be classified. As we have seen ligence Committee has. that can be used to induce abortion; pur- We also heard testimony today from chase or sale of medical equipment used in from the recent slush fund in the NRO, abortion procedures over the Internet; and the National Reconnaissance Office, former Senator, former majority leader computer bulletin boards or World Wide Web there is a need for public scrutiny, in- Howard Baker of a very important na- sites that tell women where they can obtain vestigative reporting, so we have a bet- ture, including Senator Baker’s rec- abortions. ter idea as to what is going on in the ommendation that there be a combina- While anti-choice forces promote coercive intelligence community. Where there tion of the Senate and the House Intel- so-called ‘‘informed consent’’ laws requiring ligence Committees, a recommendation health care professionals to recite a litany of is a need for secrecy—and I think the unwanted and misleading information to presumption ought to be in favor of se- that at least preliminarily I agree women seeking abortions, they simulta- crecy, but it ought not to be absolute— with. We will have to pursue it and neously promote provisions such as 18 U.S.C. if there is a need for secrecy, then let have hearings. But it is more than 1462(c) which deny women access to real us maintain that secrecy, but let us worth considering. It is something that health care information about abortion. The not do so as a matter of rote, only as a really is an idea whose time, probably, ban must be repealed not only because it matter of reason. has come. I am just limiting the final threatens the First Amendment, jeopardizes the free flow of medical information, and ex- The Brown Commission came to the decision until we do have a hearing cludes issues critical to women from new conclusion that the Director of Central process and collaborate with our coun- communications technology, but also be- Intelligence needs to have his or her terparts in the House of Representa- cause it is part of a broader agenda to drive hand strengthened. Senator KERREY tives. abortion underground by characterizing this and I agree with that. But there is con- Mr. President, to reiterate, today health care as an illicit procedure. siderable feeling on the Intelligence Senator ROBERT KERREY and I are in- For these reasons, we applaud your efforts Committee that we need to go further troducing legislation as a courtesy to to repeal Section 1462(c) with the Freedom to the Commission on the Roles and Capa- Choose Internet Information Act of 1996 as a on that particular line. necessary step toward safeguarding women’s When the Brown Commission says bilities of the United States Intel- health and providing women the information that an enormous amount of intel- ligence Community. In August 1994, the they need to make thoughtful and respon- ligence community work ought to stay Senate adopted a provision establish- sible health care decisions. Thank you for in the Department of Defense, I have ing this Commission to ‘‘review the ef- your courage in undertaking this repeal ef- grave reservations about that. It is ficacy and appropriateness of the ac- fort. true that the Department of Defense is tivities of the United States Intel- Sincerely, the customer and the Department of ligence Community in the post-cold- ELEANOR SMEAL, war global environment.’’ On March 1, President.∑ Defense provides a great deal of the re- sources. But, if you have agencies like 1996, the Commission submitted its re- By Mr. SPECTER (for himself NRO, NSA, and so much of HUMINT— port, entitled ‘‘Preparing for the 21st and Mr. KERREY): human intelligence—remaining under Century, An Appraisal of U.S. Intel- S. 1593. A bill to amend the National the Department of Defense, it does not ligence.’’ In addition, the Commission Security Act of 1947 to provide for the give the Director of the Central Intel- submitted proposed legislation to im- appointment of two Deputy Directors ligence Agency the authority that he plement some of its proposals. We are of Central Intelligence, to strengthen needs to really be able to operate. introducing the Commission’s proposed the authority of the Director of One of the very serious problems in legislative package today at their re- Central Intelligence over elements of the intelligence community today is an quest. It is our hope that other Mem- the Intelligence Community, and for attitudinal problem. We saw that in bers of the Senate and the public at other purposes; to the Select Commit- the Aldrich Ames matter. We have seen large can participate fully in the up- tee on Intelligence. it in the investigation on Guatemala, coming debate on this important issue. THE INTELLIGENCE ORGANIZATION ACT OF 1996 where, in a hearing, one of our Mem- Moreover, the Senate Select Commit- Mr. SPECTER. Mr. President, I seek bers, Senator COHEN, was very blunt in tee on Intelligence intends to use this recognition, reasonably briefly, to in- an open hearing saying that the CIA legislation, and other Commission rec- troduce legislation proposed by the had lied in withholding information ommendations, as a basis for addi- Brown Commission on the reorganiza- from the oversight committee. tional proposals of the committee. tion of the U.S. intelligence commu- Testimony was taken by the commit- The legislation proposed by the Com- nity. tee from a veteran of the CIA on the mission would make a number of S 1602 CONGRESSIONAL RECORD — SENATE March 6, 1996 changes in the way the intelligence recommendation to make the Select telligence activities, * * *. How effec- community is organized and managed. Committee on Intelligence a standing tively and efficiently the intelligence First, it replaces the current Deputy committee. However, I believe that the community operates is to a large de- Director of Intelligence with two new Commission did not go far enough in gree a function of how these budgets Deputies: one to manage the commu- some areas. are put together and how they are ap- nity and one to manage the Central In- The changes brought about by the proved and implemented.’’ I agree with telligence Agency. In addition, it collapse of the Soviet Union have dra- this assessment and conclude that the amends the National Security Act to matic implications for U.S. intel- DCI must have ultimate control over require DCI concurrence with respect ligence efforts. The demands for rapid the formulation and execution of these to the appointment by the Secretary of responses to diverse threats in a rap- budgets if he or she is to effectively Defense of the heads of the National idly changing world necessitate a manage the intelligence community. Security Agency [NSA], the Central steamlined intelligence community The Select Committee on Intel- Imagery Office [CIO], and the National and a DCI with clear lines of authority. ligence will consider these and other Reconnaissance Office [NRO]. In addi- This is lacking in the intelligence bu- alternative proposals over the upcom- tion, its requires consultation with the reaucracy that emerged during the bi- ing weeks as we move toward mark-up DCI by the Secretaries of Defense, polar world of the cold war. of legislation to renew and reform the State, and Energy, as well as the Direc- As the Commission noted: ‘‘The In- U.S. intelligence community to meet tor of FBI, before the appointment of telligence Community * * * has the challenges of our changing world. the heads of the intelligence elements evolved over nearly 50 years and now Mr. KERREY. Mr. President, I rise within these agencies. This bill also amounts to a confederation of separate today to join with Chairman SPECTER mandates that the DCI provide to the agencies and activities with distinctly to introduce legislation. We are em- Secretary of Defense an evaluation of different histories, missions, and lines barking on a course to change the U.S. the performance of the heads of NSA, of command.’’ Recognizing the pitfalls intelligence community, and this legis- NRO and the proposed National Im- of decentralized intelligence—less at- lation is the chart upon which we will agery and Mapping Agency. The Com- tention devoted to non-Defense re- be marking that course. Over a year ago, Congress created a mission’s legislation also replaces the quirements, waste and duplication, the Presidential commission to evaluate National Intelligence Council with a absence of objective evaluation of per- the intelligence community’s ability to National Assessments Center that formance and ability to correct short- respond to a rapidly changing world. would remain under the purview of the comings, and loss of synergy—the Com- Sadly, the commission’s first chair- DCI but would be located outside the mission supported centralized manage- man, the Honorable Les Aspin, passed CIA to take advantage of a broader ment of the intelligence community by away after he had ably established the range of information and expertise. the DCI. The Commission concluded, Commission and they had started their The most extensive aspect of this leg- however, that the DCI has all the au- islation is that which addresses person- work. We owe many debts of gratitude thority needed to accomplish this ob- to Les Aspin, and this legislation is one nel issues. The Commission is propos- jective of centralized management, if more example of the fine work he did ing new legislative authority for the only he spent less time on CIA matters in the service of his country. most severely affected intelligence and had the budget presented to him in Chairman HAROLD BROWN and our agencies, for 1 year, to ‘‘rightsize’’ a clearer fashion. former colleague, Vice Chairman War- their work forces to the needs of their It is my sense that the current dis- ren Rudman, quickly took the helm, organization. Agencies wishing to incentives for intelligence to operate and the Commission embarked on al- downsize by at least 10 percent over as a community, reduce unnecessary most a year’s evaluation of the U.S. and above the current congressionally waste and duplication, and become Government’s intelligence needs and mandated levels would identify posi- more effective and efficient in meeting the intelligence community’s ability to tions to be eliminated ‘‘in order to the Nation’s needs can only be over- meet those needs. We are especially achieve more effectively and effi- come by enhancing the DCI’s statutory grateful to our able colleagues, Senator ciently the mission of the agencies authority over the budget and adminis- JOHN WARNER and Senator JIM EXON, concerned.’’ The incumbents of such tration of all nontactical intelligence who played important and active roles positions, if close to retirement, would activities and programs. A key issue in the Commission’s work. Their broad be allowed to retire with accelerated for congressional oversight of the intel- base of experience coupled with the eligibility. If not close to retirement, ligence community is accountability. other Commission members’ outstand- they would be provided generous pay It has become increasingly clear that a ing credentials permitted a wide vari- and benefits to leave the service of the single manager, the DCI, must be ac- ety of views and ideas to come to- agency concerned, or, with the concur- countable for the success or failure of gether. There are no assumptions here. rence of the agency affected, exchange the intelligence community. Therefore, They looked wide and deep. They inter- positions with an employee not in a po- the DCI must be given the authorities viewed over 200 experts and received sition identified for elimination who he needs to carry out this responsibil- formal testimony from 84 witnesses. It was close to retirement and would be ity. was a remarkable effort which has pro- allowed to leave under the accelerated For example, the Commission rec- duced a significant report. I do not con- retirement provisions. This bill also ommends that the DCI concur in the cur with all their recommendations, creates a single ‘‘senior executive serv- appointment or recommendation of the and there are some areas in which they ice’’ for the intelligence community heads of national intelligence elements do not go as far as I would. I look on under the overall management of the within the Department of Defense, and their report as a solid base upon which DCI. be consulted with respect to the ap- Congress and the administration can The Commission did an excellent job pointment of other senior officials build. identifying the key issues and the Vice within the intelligence community. We For me, one of the most important Chairman and I agree with some of believe the DCI should recommend the results of their evaluation is their reaf- their recommendations, particularly appointment of all national agency firmation of the need for intelligence. regarding institutional mechanisms for heads, with concurrence from the heads Intelligence contributes heavily to getting the policymakers more in- of the parent organizations. Along most of our national decisions about volved in identifying and prioritizing these lines, the heads of the major col- foreign policy, law enforcement, and their information needs and for ad- lection agencies should be confirmed to military matters. I am convinced intel- dressing transnational threats, ways to that position; today they are confirmed ligence is the edge we must have in the improve intelligence analysis, and the only with respect to their promotion to face of stiff global competition for need to enhance accountability and the rank designated for each position. leadership, and as our Government ful- oversight—to include declassifying the The Commission noted in its report: fills its responsibility to protect Amer- aggregate amount appropriated for the ‘‘The annual budgets for U.S. intel- icans in an increasingly dangerous intelligence budget. The committee ligence organizations constitute one of world. The Brown Commission clearly also will consider the Commission’s the principal vehicles for managing in- explains why this is so. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1603 The Brown Commission recognized need to be strengthened beyond what Members thought they were voting the world today is very different from the Commission recommended, and the to remove dead and dying trees from the world which existed while the In- many agencies of the Intelligence Com- our national forests in order to protect telligence Community was growing up. munity need to be pulled into a closer forest health and capture the remain- Confronted with the overwhelming relationship. There is no other way to ing value of trees which had been dam- military threat of the Soviet Union, make sure both the national and mili- aged in a series of devastating forest the intelligence community responded tary customer get what they need, and fires. However, the rationale on which by organizing itself to examine every there is also no other way to wring re- the rider was based, deteriorating for- part of that military threat as best as dundancy and excess cost out of the est health conditions, the rationale on it could. While some critics argue that system. which the rider was based, is supported the intelligence community missed the I do not want leave the impression by very little data. We lack even basic big ones—the fall of the Berlin Wall, that U.S. intelligence is broken. Some- information to justify cutting trees on the collapse of the Soviet economy— thing is wrong, but the Nation is well- the scale endorsed by the rider and there is no question the United States served by the men and women of the under conditions which effectively sus- was ably informed on the Soviet intelligence agencies serving around pend environmental laws, and termi- Union’s military threat. But that the world. Their patriotism and tech- nate almost all avenues for administra- threat, while still capable of attacking nical competence is unquestioned. tive and judicial appeal. us, is receding. Moreover, the director of Central Intel- Members were surprised to find that Today, the threats, facing the United ligence, John Deutch, has brought out- the courts have interpreted the law to States do not initially present them- standing leadership to the community. mandate the cutting of some of Ameri- selves as military threats—although if Working closely with Secretary Perry, ca’s most valuable trees, including the we fail to recognize them in time, we he already has set a new course for in- healthy, old growth forests of western have to deploy our military when noth- telligence. The corporate culture which Oregon and Washington which have ing else works. The erosion of nation- allowed an Aldrich Ames to continue is been off-limits to timber sales for state power in many places, the rise of being dismembered. Congressional no- years due to environmental concerns. transnational movements and global tification of significant intelligence ac- These forests support a rich mix of fish crime, and the fierce economic com- tivities has never been more prompt and wildlife, from endangered bird spe- petition we face, have together created and complete. We need to institu- cies to commercially important salmon a new set of threats that are not mili- tionalize these changes and the superb and are valuable as well for their own tary soluble. cooperative relationship that exists be- beauty and uniqueness. Yet under the Insight and predictive analysis is as tween Director Deutch and Secretary rider these majestic trees might be important in charting the American Perry. Intelligence must and will serve sold at bargain prices under outdated course in this new world as it was in all of its customers with timely, com- contracts and using outdated environ- the old world of superpower military prehensive, and hard-hitting analysis. mental terms. confrontation. We must make sure the The Brown Commission’s recommenda- This is not just an issue for the intelligence community is optimally tions have provided us with the basis Northwest. The rider also requires that organized for this new world. That is to make this happen. the Forest Service offer salvage sales why I urge consideration of the Brown In conclusion, I want to thank Chair- in all regions of the country including Commission report, and why the Intel- man SPECTER for his leadership on this sales that would otherwise be rejected ligence Committee will take up these issue. His close attention to the chal- for legitimate environmental reasons. and other reform proposals in the lenges facing the intelligence commu- Although agencies such as the National months ahead. nity and their solutions has created an Marine Fisheries Service, Fish and The Brown Commission establishes environment where the committee can Wildlife Service and the Environ- three recurring themes about intel- draft this legislation in a thoughtful, mental Protection Agency have ob- ligence: The need to better integrate informed environment. jected to many of these sales, courts intelligence into the policy commu- have held that they must go forward, nity; the need for intelligence agencies By Mr. BRADLEY (for himself, no matter how devastating, because to operate as a community; the need to Mr. LEAHY, Mr. SIMON, Mr. LAU- they are required by the letter of the create greater efficiency. These themes TENBERG, Mr. GRAHAM, Mr. law. are clearly discernible and they also BRYAN, Mr. PELL, Ms. MOSELEY- In addition, the rider undermines are quite consistent with a large seg- BRAUN, and Mr. KERRY): President Clinton’s consensus North- ment of the public’s view on intel- S. 1595. A bill to repeal the emer- west forest plan which took many ligence: Something is wrong. If every- gency salvage timber sale program, and months to produce and gave some hope thing was all right, we wouldn’t have a for other purposes; to the Committee for settling the region’s longstanding heinous spy like Aldrich Ames; we on Energy and Natural Resources. timber wars. Instead, under the rider, wouldn’t have missed the fall of the THE RESTORATION OF NATURAL RESOURCES the timber wars have resumed at full wall or the collapse of the Soviet LAWS ON THE PUBLIC LANDS ACT OF 1996 force. Union; we wouldn’t have a palace for ∑ Mr. BRADLEY. Mr. President, today Now we have a chance to reverse the an NRO headquarters building; we I am introducing legislation to repeal mistakes we made last year and take a wouldn’t have unspent billions of NRO the emergency salvage timber provi- more measured approach to timber sal- dollars sitting around unused and wait- sions that Congress enacted as part of vage sales. First, my bill returns for- ing for a rainy day. I agree that we last year’s rescissions bill. I believe estry law to where it was before the need to better integrate intelligence that the salvage rider is one of the big- rider was passed. Trees can still be cut with policy, enhance the effectiveness gest mistakes that Congress has made but environmental laws must be of the community and improve its effi- in natural resource management in the obeyed. I believe it is appropriate to ciency. The time for reorganization is last 25 years. We need to admit our completely repeal the salvage rider, upon us. error and correct it as soon as possible not just modify it around the edges and The Brown Commission has made with new legislation. invite further confusion from the many important recommendations Both consciously and unwittingly, courts. that address each of these themes. The last Spring this body endorsed a pro- Second, my bill calls for a study of Intelligence Committee will evaluate gram of logging without laws which the forest health issue by the National them closely. But I have already con- undermines environmental protections Academy of Sciences and the General cluded that in some areas the Commis- for precious resources and has slight Accounting Office in order to deter- sion did not go far enough to ensure in- economic justification. Even worse, we mine the extent of the problem and telligence is integrated, effective, and passed the original rider with little un- how it can best be addressed, both fi- efficient in a world continuing to derstanding of its potential impact, nancially and ecologically. evolve. In my view, the authorities of without holding hearings, and based on I urge my colleagues to join me in re- the Director of Central Intelligence an ‘‘emergency’’ that may not exist. versing last year’s mistake. It is time S 1604 CONGRESSIONAL RECORD — SENATE March 6, 1996 to restore lawful logging on our na- (5) PRESENTATION.—The report shall (2) SIMILARITIES AND DIFFERENCES.—The tional forests. present data at the national forest or a com- study shall compare and contrast the various I ask unanimous consent that a copy parable level and shall be displayed geo- alternatives with systems in existence on of the bill be printed in the RECORD. graphically and tabularly. the date of the study, including— There being no objection, the bill was (6) REVIEW.—The report shall be properly (A) ecological effects; reviewed by the scientific community prior (B) forest health changes; ordered to be printed in the RECORD as to transmission under paragraph (7). (C) Federal, State, and local fiscal and follows: (7) TRANSMISSION.—The report shall be other economic consequences; and S. 1595 transmitted to Congress not later than 1 (D) opportunities for the public to be in- Be it enacted by the Senate and House of Rep- year after the date of enactment of this Act. volved in decisionmaking before activities resentatives of the United States of America in (c) ECOLOGICAL EFFICACY OF ACTIVITIES.— are undertaken. Congress assembled, (1) IN GENERAL.—Not later than 90 days (3) REQUIREMENTS OF STUDY.—To ensure SECTION 1. SHORT TITLE. after the date of enactment of this Act, the the validity of the study, in measuring the This Act may be cited as the ‘‘Restoration Secretary of Agriculture shall enter into a effect of the use of contracting, the study of Natural Resources Laws on the Public contract with the National Academy of shall specify the costs that contractors Lands Act of 1996’’. Sciences for the purpose of conducting a would bear for health care, retirement, and SEC. 2. REPEAL OF EMERGENCY SALVAGE TIM- study of the ecological and forest health con- other benefits afforded public employees per- BER SALE PROGRAM. sequences of various activities intended, at forming the same tasks. (a) DEFINITION OF SECRETARY CONCERNED.— least in part, to improve forest health. (4) TRANSMITTAL.—The report shall be In this section, the term ‘‘Secretary con- (2) ACTIVITIES EXAMINED.—The activities transmitted to Congress not later than 1 cerned’’ means— examined under paragraph (1) shall include— year after the studies conducted under sub- (1) the Secretary of Agriculture, with re- (A) site preparation for reforestation, arti- sections (c) and (d) are transmitted to Con- spect to an activity involving land in the Na- ficial reforestation, natural regeneration, gress. tional Forest System; and stand release, precommercial thinning, fer- (g) PUBLIC AVAILABILITY.—The reports con- (2) the Secretary of the Interior, with re- tilization, other stand improvement activi- ducted under this section shall be published spect to an activity involving land under the ties, salvage harvesting, and brush disposal; in a form available to the public at the same jurisdiction of the Bureau of Land Manage- (B) historical as well as recent examples time the reports are transmitted to Con- ment. and a variety of conditions in ecological re- gress. Both a summary and a full report (b) REPEAL.—Section 2001 of Public Law gions; and shall be published.∑ 104–19 (109 Stat. 240; 16 U.S.C. 1611 note) is re- (C) a comparison of various activities with- Mr. KERRY. Mr. President, today I pealed. in a watershed, including activities con- (c) SUSPENSION.— join Senator BILL BRADLEY in introduc- ducted by other Federal land management (1) IN GENERAL.—Notwithstanding any out- ing legislation to repeal the timber sal- standing judicial order or administrative de- agencies. vage rider, a law that has permitted de- cision interpreting section 2001 of Public (3) TRANSMISSION.—The report shall be structive logging of ancient forests be- Law 104–19 (109 Stat. 240; 16 U.S.C. 1611 note) transmitted to the Chief of the Forest Serv- cause it waives important environ- (as in existence prior to the date of enact- ice and to Congress not later than 2 years after the date of enactment of this Act. mental safeguards. ment of this Act), the Secretary of Agri- Let me first say that I do not oppose culture and the Secretary of the Interior (d) ECONOMIC EFFICACY OF ACTIVITIES.— (1) IN GENERAL.—The Comptroller General responsible logging on public or private shall suspend each activity that was being lands, as long as it is done in compli- undertaken in whole or in part under the au- of the United States, through the General thority provided in the section, unless the Accounting Office, shall conduct a study of ance with our environmental statutes. Secretary concerned determines that the ac- the Federal, State, and local fiscal and other The fundamental problem with the tivity would have been undertaken even in economic consequences of activities in- timber salvage provision as it is cur- the absence of the subsection. tended, at least in part, to improve forest rently written, is that it does not com- (2) RESUMPTION OF AN ACTIVITY.—The Sec- health. ply with current Federal protection retary concerned may not resume an activ- (2) COORDINATION.—The study conducted laws. ity suspended under paragraph (1) until the under this subsection shall be coordinated During debate of the 1995 Rescissions with the study conducted under subsection Secretary concerned determines that the ac- Act, proponents of the emergency tim- tivity (including any modification after the (c)— (A) to ensure that the same groups of ac- ber measure stressed the need to re- date of enactment of this Act) complies with move dead and dying trees to protect environmental and natural resource laws. tivities in the same geographic area are ex- the health of our forests in the Pacific SEC. 3. STUDIES. amined; and (B) to develop historic as well as recent ef- (a) PURPOSE.—The purpose of this section Northwest. We were told that the rider is to provide factual information useful to fects that illustrate financial and economic would not cost the federal treasury one the President and Congress in setting fund- trends. dime; in fact it would make money. We ing and operational levels for the public for- (3) FEDERAL FISCAL EFFECTS.—In assessing were told that the measure would not ests in order to ensure that the public forests the Federal fiscal effects, the Comptroller harm fish and wildlife and that it was are operated so that the health of forest re- General shall distinguish the net effects on the Treasury of the United States from needed only to expedite a small num- sources is secured with ecological and finan- ber of outstanding timber sales. cial effectiveness. changes in the balances in the various spe- (b) NATURE AND EXTENT OF THE SITUA- cial accounts and trust funds, including ap- In other words, we were told that this TION.— propriated funds used to conduct the plan- rider would be a simple fix to a small (1) IN GENERAL.—The Secretary of Agri- ning, execution, sale administration, support problem and should be added without a culture, through the research branch of the from other programs, regeneration, site res- congressional hearing or review to an Forest Service, shall undertake a study to toration, agency overhead, and payments in entirely unrelated bill that was moving report on the nature and extent of the forest lieu of taxes associated with timber cutting. quickly through congress. As are all health situation in the National Forest Sys- (4) TRANSMISSION.—The study shall be too aware, this was the way many anti- transmitted to the Chief of the Forest Serv- tem. environmental statutes were being sold (2) NATURE.—The nature of forest health ice and to Congress not later than 2 years shall be categorized into types of situations, after the date of enactment of this Act. by the Republican leadership during including— (e) IMPROVEMENT OF ACTIVITIES.—In re- the 1995 congressional term. (A) overstocked stands of unmerchantable- sponse to the findings of the National Acad- Regrettably, we know of the severe size trees; emy of Sciences and the Comptroller General environmental damage that this stat- (B) stands with excessive fuel loads; under subsections (c) and (d), the Chief of the ute has wrought on some of our most (C) mixed conifer stands with an inappro- Forest Service shall assess opportunities for beautiful and oldest forest lands. priate mix of tree species; and improvement of, and progress in improving, We now know that this statute is (D) combinations of the situations de- the ecological, economic, and fiscal con- being used to clearcut healthy forests scribed in subparagraphs (A) through (C). sequences and efficacy for each national for- across the Nation including ancient (3) EXTENT.—The extent of forest health est. forests as old as 500 years. shall include acreage estimates of each situ- (f) FOREST SERVICE STUDY.— We know that this statute will cost ation type and shall distinguish variations in (1) IN GENERAL.—The Chief of the Forest American taxpayers billions of dollars severity. Service shall conduct a study of alternative (4) REPRESENTATIVE SAMPLE MEASURE- systems for administering forest health-re- by requiring them to subsidize bargain MENTS.—If feasible, the Secretary shall use lated activities, including, modification of basement logging of our national for- representative sample measurements with a special account and trust fund management ests. specified degree of confidence in extending and reporting, land management service con- We know that timber is being the measurements to the whole population. tracting, and government logging. clearcut on steep slopes next to March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1605 streams of spawning endangered salm- ice is poised to release hundreds of mil- S. 1491 on. lions of board feet of timber, and we At the request of Mr. GRAMS, the And we now know that the Federal must not leave the door open for such names of the Senator from Indiana Government is being forced to enter abuse. Both bills are steps in the right [Mr. COATS], the Senator from Michi- into far more than just a small number direction, and I hope we can unsaddle gan [Mr. ABRAHAM], and the Senator of contracts, and in fact, that the ef- the salvage rider very soon. from Kansas [Mrs. KASSEBAUM] were fect of this rider will be felt in the log- f added as cosponsors of S. 1491, a bill to ging of national forests across the reform antimicrobial pesticide reg- country. ADDITIONAL COSPONSORS istration, and for other purposes. I commend the Senator from New S. 684 S. 1524 Jersey for his leadership on this issue, At the request of Mr. HATFIELD, the At the request of Mr. LAUTENBERG, and I hope that the Senate will act ex- name of the Senator from Massachu- peditiously to enact the bill being in- the name of the Senator from Massa- setts [Mr. KENNEDY] was added as a co- chusetts [Mr. KENNEDY] was added as a troduced today and thereby repeal this sponsor of S. 684, a bill to amend the extremely harmful so-called timber cosponsor of S. 1524, a bill to amend Public Health Service Act to provide title 49, United States Code, to prohibit salvage rider. for programs of research regarding Par- Mr. LEAHY. Mr. President, we need smoking on any scheduled airline kinson’s disease, and for other pur- flight segment in intrastate, inter- our environmental laws back. Old- poses. growth trees that have stood for 400 state, or foreign air transportation. S. 949 years are falling today, and it will the S. 1554 At the request of Mr. GRAHAM, the year 2400 before we get them back. We At the request of Mr. COCHRAN, the need to restore the laws. name of the Senator from New Jersey name of the Senator from North Caro- [Mr. LAUTENBERG] was added as a co- To achieve this goal, I have cospon- lina [Mr. FAIRCLOTH] was added as a co- sored two efforts. One is a straight, sponsor of S. 949, a bill to require the sponsor of S. 1554, a bill to amend the fundamental attempt to overturn the Secretary of the Treasury to mint Fair Labor Standards Act of 1938 to salvage law, and one that is a practical coins in commemoration of the 200th clarify the exemption for houseparents attempt to stop the lawless logging. No anniversary of the death of George from the minimum wage and maximum Washington. one has worked harder than PATTY hours requirements of that act, and for MURRAY to restore economic and eco- S. 1072 other purposes. At the request of Mr. THURMOND, the logical balance to the hoax of a ‘‘jobs S. 1563 versus the environment’’ campaign. I name of the Senator from North Caro- At the request of Mr. SIMPSON, the am proud to be an original cosponsor of lina [Mr. HELMS] was added as a co- name of the Senator from Kentucky her effort. sponsor of S. 1072, a bill to redefine [Mr. MCCONNELL] was added as a co- Senator BRADLEY, ranking Democrat ‘‘extortion’’ for purposes of the Hobbs on the Forests and Public Land Man- Act. sponsor of S. 1563, a bill to amend title 38, United States Code, to revise and agement Subcommittee, has taken the S. 1217 improve eligibility for medical care lead to simply overturn one of the At the request of Mr. COATS, the worst environmental laws Congress has and services under that title, and for name of the Senator from Tennessee other purposes. considered in years. As soon as the so- [Mr. FRIST] was added as a cosponsor of called salvage law passed, industry S. 1217, a bill to encourage the provi- S. 1567 sued to cut the big old-growth trees. sion of medical services in medically At the request of Mr. LEAHY, the This will be a difficult bill to overturn, underserved communities by extending name of the Senator from Vermont especially since we still have the same Federal liability coverage to medical [Mr. JEFFORDS] was added as a cospon- Congress through which it originally volunteers, and for other purposes. sor of S. 1567, a bill to amend the Com- passed. Nonetheless, I am a proud S. 1268 munications Act of 1934 to repeal the original cosponsor of Senator BRAD- amendments relating to obscene and At the request of Mr. THOMAS, the LEY’s bill to repeal the salvage rider. name of the Senator from Mississippi harassing use of telecommunications Proponents of logging without laws facilities made by the Communications [Mr. COCHRAN] was added as a cospon- say that they must cut, build roads, sor of S. 1268, a bill to provide assist- Decency Act of 1995. risk mudslides, threaten fisheries, and ance for the establishment of commu- SENATE JOINT RESOLUTION 50 scar the forest to create jobs. The facts nity rural health networks in chron- At the request of Mr. D’AMATO, the don’t support this twisted rationale. ically underserved areas, to provide in- names of the Senator from North Caro- There were more than 14,200 new jobs centives for providers of health care lina [Mr. HELMS], the Senator from in the Rocky Mountain-Pacific North- services to furnish services in such Kentucky [Mr. MCCONNELL], and the west timber industry from 1992 until areas, and for other purposes. Senator from South Dakota [Mr. PRES- Congress forced through the rider, and SLER] were added as cosponsors of Sen- the sector was still growing. Oregon S. 1452 At the request of Mr. GRAMS, the ate Joint Resolution 50, a joint resolu- had the lowest unemployment in a gen- tion to disapprove the certification of eration. We did not need to derail name of the Senator from North Caro- lina [Mr. FAIRCLOTH] was added as a co- the President under section 490(b) of steady responsible growth with a re- the Foreign Assistance Act of 1961 re- turn to the conflicts of the 1980’s. Un- sponsor of S. 1452, a bill to establish procedures to provide for a taxpayer garding foreign assistance for Mexico fortunately, some groups have bought during fiscal year 1996. into the gluttony of the salvage rider, protection lock-box and related down- but have forgotten about putting food ward adjustment of discretionary SENATE RESOLUTION 226 on the table for working families when spending limits and to provide for addi- At the request of Mr. NUNN, the the salvage free-for-all days are over. tional deficit reduction with funds re- names of the Senator from North Caro- Our No. 1 priority should be to re- sulting from the stimulative effect of lina [Mr. HELMS] and the Senator from store stability to working families in revenue reductions. Idaho [Mr. CRAIG] were added as co- rural communities. No one can tolerate S. 1483 sponsors of Senate Resolution 226, a another short-term logging binge. The At the request of Mr. KYL, the names resolution to proclaim the week of Oc- current rider is bringing conflict. When of the Senator from Colorado [Mr. tober 13 through October 19, 1996, as it is repealed or expires, workers face BROWN], the Senator from New Hamp- ‘‘National Character Counts Week.’’ another round of economic instability shire [Mr. SMITH], the Senator from At the request of Mr. DOMENICI, the while we struggle with environmental New Hampshire [Mr. GREGG], and the names of the Senator from Alaska [Mr. triage on the forest resource. Senator from Kentucky [Mr. MCCON- STEVENS] and the Senator from West But most importantly, we need to re- NELL] were added as cosponsors of S. Virginia [Mr. ROCKEFELLER] were added store the environmental laws that this 1483, a bill to control crime, and for as cosponsors of Senate Resolution 226, Congress suspended. The Forest Serv- other purposes. supra. S 1606 CONGRESSIONAL RECORD — SENATE March 6, 1996 SENATE CONCURRENT RESOLU- conduct from March 8 through March 15, People’s Republic of China’s commit- TION 43—RELATIVE TO THE PEO- 1996, and views them as a threat to the peace, ment to settle the Taiwan issue by PLE’S REPUBLIC OF CHINA security, and stability of Taiwan and not in peaceful means. As such, they are of the spirit of the three United States Joint grave concern to me and, I believe, to Mr. THOMAS (for himself, Mr. Communique´s; HELMS, Mr. MURKOWSKI, Mr. SIMON, and (2) the Government of the People’s Repub- the United States. Mr. MACK) submitted the following lic of China should cease it bellicose actions I hope that the People’s Republic of concurrent resolution; which was re- directed at Taiwan and instead enter into China would move to diffuse the esca- ferred to the Committee on Foreign meaningful dialogue with the Government of lating problems in the straits and re- Taiwan at the highest levels, such as Relations: frain from further provocations. At the through the Straits Exchange Foundation in same time, I hope that the Taiwan S. CON. RES. 43 Taiwan and the Association for Relations Government would do its part to re- Whereas the People’s Republic of China, in Across the Taiwan Straits in Beijing, with duce tensions. Both sides need to sit a clear attempt to intimidate the people and an eye towards decreasing tensions and re- Government of Taiwan, has over the past 8 solving the issue of the future of Taiwan; down with each other, and discuss the months conducted a series of military exer- (3) the President, consistent with section issue in a considered and rational man- cises, including missile tests, within alarm- 3(c) of the Taiwan Relations Act (22 U.S.C. ner, without threats and without the ingly close proximity to Taiwan; 3302(c)), should immediately consult with need to continually draw the United Whereas on March 5, 1996, the Xinhua News Congress on an appropriate United States re- States into what is a matter solely for Agency announced that the People’s Repub- sponse to the tests; and the Chinese on both sides of the (4) the President should, consistent with lic of China will conduct missile tests from straits—and Mr. President, I emphasize March 8 through March 15, 1996, within 25 to the Taiwan Relations Act (22 U.S.C. 3301 et 35 miles of the 2 principal northern and seq.), reexamine the nature and quantity of both sides—to decide. It is not an issue southern ports of Taiwan, Kaohsiung and defense articles and services that may be for the People’s Republic of China to Keelung; necessary to enable Taiwan to maintain a decide unilaterally at the barrel of a Whereas the proximity of these tests to the sufficient self-defense capability in light of gun. ports and the accompanying warnings for the heightened threat. Mr. President, the resolution is fairly ships and aircraft to avoid the test areas will Mr. THOMAS. Mr. President, I rise self explanatory. result in the effective blockading of the today as the chairman of the Sub- Mr. President, in closing, let me note ports, and the probable disruption of inter- committee on East Asian and Pacific that I am pleased to be joined by Sen- national shipping, for the duration of the tests; Affairs to submit Senate Concurrent ator HELMS, the distinguished chair- Whereas these tests are a clear escalation Resolution 43, expressing the sense of man of the Foreign Relations Commit- of the attempts by the People’s Republic of the Congress regarding proposed mis- tee, Senators MURKOWSKI and SIMON, China to intimidate Taiwan and influence sile tests in the Taiwan Straits. two longstanding leaders on the issue the outcome of the upcoming democratic Yesterday, the People’s Republic of of Taiwan in the Senate, and Senator presidential election in Taiwan; China announced that it would conduct MACK, in submitting this legislation Whereas the decision of the United States a series of missile tests from March 8 today; I thank them for their support. to establish diplomatic relations with the through March 15, 1996, off the coast of I hope the rest of our colleagues will Peoples’ Republic of China rested upon the expectation that the future of Taiwan would Taiwan. While the Chinese have con- join us so that we can move this reso- be settled solely by peaceful means; ducted other tests within close proxim- lution quickly through the Senate and Whereas the strong interest of the United ity to Taiwan in the past 8 months, on the House. States in the peaceful settlement of the Tai- these are especially provocative. The Mr. MURKOWSKI. Mr. President, I wan question is one of the central premises People’s Republic of China has an- am pleased to join Senator CRAIG of the three United States-China Joint nounced that it will conduct these THOMAS, chairman of the East Asia and Communique´s and was codified in the Tai- tests within between 25 and 35 miles of the Pacific Subcommittee of the For- wan Relations Act; Whereas the Taiwan Relations Act states the Taiwan port cities of Kaohsiung eign Relations Committee in offering that peace and stability in the western Pa- and Keelung. The effect will be that, this resolution that reaffirms the Tai- cific ‘‘are in the political, security, and eco- for a week, a wide corridor of ocean wan Relations Act and condemns the nomic interests of the United States, and are both immediately north and south of People’s Republic of China for their at- matters of international concern’’; Taiwan will be unsafe for commercial tempts to influence the upcoming Pres- Whereas the Taiwan Relations Act states traffic. Thus, the People’s Republic of idential election in Taiwan through that the United States considers ‘‘any effort China has knowingly created what is in threats and coercion. to determine the future of Taiwan by other effect a blockade of these two ports— The resolution has been submitted to than peaceful means, including by boycotts, or embargoes, a threat to the peace and secu- through which flows more than 70 per- the Chair previously by Senator THOM- rity of the western Pacific area and of grave cent of Taiwan’s ship-borne trade—for AS. This resolution makes four impor- concern to the United States’’; the duration of the tests. In addition, tant points. Whereas the Taiwan Relations Act directs the tests come just a week before Tai- First, the United States deplores the the President to ‘‘inform Congress promptly wan’s first fully democratic Presi- missile test scheduled for March 8 to of any threat to the security or the social or dential elections on March 23. Clearly, 15. It appears that these tests will im- economic system of the people on Taiwan the tests are part of the People’s Re- pose a virtual blockade of Taiwan’s two and any danger to the interests of the United major ports and threaten international States arising therefrom’’; public of China’s ongoing attempts to Whereas the Taiwan Relations Act further intimidate Taiwan and influence the shipping lanes in the Taiwan Straits. directs that ‘‘the President and the Congress upcoming elections. Second, the Congress calls on the shall determine, in accordance with con- It is both the proximity to Taiwan People’s Republic of China to cease its stitutional process, appropriate action by and the timing that make these tests threats, and instead enter into a con- the United States in response to any such especially troubling to me, and the sig- structive dialog with the Republic of danger’’; nal they send. China, perhaps through their respec- Whereas the United States, the People’s When we normalized relations with tive informal organizations: the Straits Republic of China, and the Government of the People’s Republic of China in 1978 Exchange Foundation in Taiwan and Taiwan have each previously expressed their commitment to the resolution of the Taiwan and 1979, we did so on the expectation the Association for Relations Across question through peaceful means; and that the future of Taiwan would be set- the Taiwan Straits in Beijing. Whereas these missile tests and accom- tled solely by peaceful means. That ex- Third, the resolution directs the panying statements made by the Govern- pectation underlies the three United President of the United States to con- ment of the People’s Republic of China call States-People’s Republic of China joint sult with the Congress, as required by into serious question the commitment of communique´s, and is codified in the the Taiwan Relations Act, because China to the peaceful resolution of the Tai- Taiwan Relations Act, the statute that there is a threat to the security and wan question: Now, therefore, be it the social and economic system of the Resolved by the Senate (the House of Rep- governs our relationship with Taiwan. resentatives concurring), That it is the sense However, these tests and accompany- people of Taiwan. of the Congress that— ing statements made at the highest Fourth, the President and the Con- (1) the United States deplores the missile levels of the Chinese Government in gress should reexamine the nature and tests that the People’s Republic of China will my mind call into serious question the quantity of the defense articles and March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1607 services that may be necessary to en- wan Relations Act of 1979, which clear- COMMITTEE ON ARMED SERVICES able Taiwan to maintain a sufficient ly states that America believes that Mr. HATCH. Mr. President, I ask self-defense capability in light of the peace and stability in the area are in unanimous consent that the Commit- heightened threat. the political, security and economic in- tee on Armed Services be authorized to Mr. President, I suggest that Presi- terests of the United States. meet at 2 p.m. on Wednesday, March 6, dent Nixon must be simply spinning in Further, the law of the land, the Tai- 1996, in open session, to receive testi- his grave tonight. When Richard Nixon wan Relations Act, commits the United mony on the Department of Energy En- first opened relations with Beijing States to resist any resort to force or vironmental Management Program some 20 years ago he believed that Asia other forms of coercion that would [EM], and on the Defense Nuclear Fa- could not progress if China remained jeopardize the security or the social or cilities Safety Board [DNFSB] activi- isolated. His actions promised to help economic system of the people of Tai- ties. that country enter into a new and con- wan. The PRESIDING OFFICER. Without We must remind Beijing that the de- structive relationship with the rest of objection, it is so ordered. the modern world. But in recent cision of the United States to establish months, the leaders of Beijing have diplomatic relations with the People’s COMMITTEE ON ENERGY AND NATURAL taken a number of self-defeating ac- Republic of China in 1979 was based RESOURCES tions that can only turn back the pages upon the expectation that the future of Mr. HATCH. Mr. President, I ask of history and cripple China’s economic Taiwan will be determined by peaceful unanimous consent that the Commit- progress. means. tee on Energy and Natural Resources Over the past 8 months, the People’s We also must continue selling Tai- be granted permission to meet during Republic of China has conducted a se- wan defensive weapons to help counter the session of the Senate on Wednes- ries of military exercises, including any thoughts China may have of using day, March 6, 1996, for purposes of con- missile tests, in close proximity to Tai- military force against the island. ducting a full committee hearing wan. Now, we hear reports of the larg- Along with these weapons, we must let which is scheduled to begin at 9:30 a.m. est and closest military exercise to the leaders in Beijing know that The purpose of this oversight hearing take place next week, just 1 week be- threats are useless as tools of foreign is to receive testimony on the issue of fore the first democratic Presidential policy and are the rusted relics of di- competitive change in the electric elections on Taiwan. What is more, plomacy from a bygone and dangerous power industry. Beijing has reportedly included veiled era. The PRESIDING OFFICER. Without threats against the United States for China’s leaders must know economic objection, it is so ordered. supporting the process of free elec- gains will evaporate if continued mili- tary threats—or worse—create havoc COMMITTEE ON GOVERNMENTAL AFFAIRS tions. One news report indicated that Mr. HATCH. Mr. President, I ask during an interview, a Chinese leader in East Asia. Beijing’s officials must understand they cannot conduct busi- unanimous consent on behalf of the scoffed at the notion that the United Governmental Affairs Committee to States would defend Taiwan by saying ness as usual with the world if missiles start falling in the Straits of Taiwan. meet on Wednesday, March 6, for a the United States cares more about joint hearing with the House Govern- ‘‘Los Angeles than Taiwan.’’ China, of They also need to know that the fear of war is often every bit as chilling to in- ment Reform and Oversight Committee course, produces missiles capable of at 9:30 a.m., for a hearing on the Over- launching nuclear warheads against vestment as the real thing. Mr. President, I also want to add that sight of the Government Performance both Taiwan and Los Angeles, and cer- Congress should congratulate the peo- and Results Act. tainly against my home State of Alas- ple of Taiwan for their continued ad- The PRESIDING OFFICER. Without ka. I feel confident that these reports, of vancement toward democracy. Con- objection, it is so ordered. course, are false, but China’s most re- gress should also state our support for COMMITTEE ON THE JUDICIARY cent announcement that it intends to the people of Taiwan to become in- Mr. HATCH. Mr. President, I ask conduct massive tests near Taiwan, in volved in international organizations. unanimous consent that the Commit- effect imposing a miniblockade of Tai- Taiwan has emerged as a force for de- tee on the Judiciary be authorized to wan’s two major ports prior to the Tai- mocracy and stability in Asia, and its meet during the session of the Senate wan Presidential elections, does little people should be represented. The Unit- on Wednesday, March 6, 1996, at 10 a.m. to inspire confidence. ed States must also continue at the in SD–226 to hold a hearing on ‘‘Inter- Some China watchers are inclined to same time to encourage a true dialog state Transportation of Human Patho- rationalize Beijing’s behavior. Apolo- between Beijing and Taipei that will gens.’’ lead to understanding and conciliation, gists have blamed China’s belligerence The PRESIDING OFFICER. Without rather than threats and confrontation. on the firm stand taken by this Con- objection, it is so ordered. gress. Today it is clear that China, not With this latest round of threats the Congress, is to blame for the cur- against Taiwan—and the United COMMITTEE ON LABOR AND HUMAN RESOURCES rent state of United States-China rela- States—it simply is time to step back Mr. HATCH. Mr. President, I ask tions. Time and time again, before and and gather forces to support reason and unanimous consent that the Commit- after the 1989 Tiananmen Square at- dialog rather than the rumblings of tee on Labor and Human Resources be tack on student protesters, China’s rul- hostility and war. authorized to meet for a hearing on the President Nixon was certainly cor- ers have shown themselves to be al- Reauthorization of National Institutes rect in seeing the vast potential impor- most oblivious to the fact that a larger of Health, during the session of the tance of China as a world economic world—a world sensitive to human Senate on Wednesday, March 6, 1996, at power. But 25 years later the world rights concerns, one that believes in re- 9:30 a.m. still waits for Beijing to abandon its ligious and political freedom, and free The PRESIDING OFFICER. Without totalitarian ways and behave consist- and fair trade—exists beyond the Peo- objection, it is so ordered. ently as a civilized nation. ple’s Republic of China’s borders. f COMMITTEE ON SMALL BUSINESS People’s Republic of China’s Presi- Mr. HATCH. Mr. President, I ask AUTHORITY FOR COMMITTEES TO dent Jiang Zemin and his lieutenants unanimous consent that the Commit- MEET must understand that this is why the tee on Small Business be authorized to United States finds China’s ballistic COMMITTEE ON ARMED SERVICES meet during the session of the Senate missile diplomacy unacceptable. We Mr. HATCH. Mr. President, I ask on Wednesday, March 6, 1996, at 10 a.m., support the peaceful settlement of dif- unanimous consent that the Commit- in room SR–428A, to mark up legisla- ferences between China and Taiwan tee on Armed Services be authorized to tion pending in the committee. and cannot idly watch a peaceful, meet at 9:30 a.m. on Wednesday, March The PRESIDING OFFICER. Without democratic ally—which Taiwan is—be 6, 1996, in open session, to receive testi- objection, it is so ordered. threatened. mony on the 1996 ballistic missile de- Therefore, it is time for Congress, as fense update review. SELECT COMMITTEE ON INTELLIGENCE set forth in this Senate resolution, to The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask recommit the United States to the Tai- objection, it is so ordered. unanimous consent that the Select S 1608 CONGRESSIONAL RECORD — SENATE March 6, 1996 Committee on Intelligence be author- don’t show the will to confront terror- lustrates the dedication Minnesotans ized to meet during the session of the ism, the chance for peace will be lost. have to providing quality education for Senate on Wednesday, March 6, 1996, at I hope that the peace process can our children. It is also my honor to 9 a.m., in SH–216, to hold an open hear- continue. But friends do not tell note that three previous National ing on intelligence matters. friends what to do. As Americans, we Teachers of the Year have been from The PRESIDING OFFICER. Without cannot tell Israel what risks are worth Minnesota and only California has con- objection, it is so ordered. taking for peace. We can only imagine tributed more teachers to this national SPECIAL COMMITTEE ON AGING what it is to live in a country that is award. Mr. HATCH. Mr. President, I ask less than 9 miles wide at its narrowest I’d also like to recognize Minnesota’s unanimous consent that the Special point—and still surrounded by enemies. biggest education organization, the Committee on Aging be authorized to Israel has defended itself in five wars Minnesota Education Association meet during the session of the Senate for survival. But in this war against [MEA], and it’s 48,000 members, who on Wednesday, March 6, at 9:30 a.m., to terrorism, all ordinary citizens are on represent over 80 percent of Min- hold a hearing to discuss tele- the front lines. The international com- nesota’s public school teachers. MEA marketing fraud against the elderly. munity must stand with Israel. We has sponsored the Minnesota Teacher The PRESIDING OFFICER. Without must ensure that the fanatics do not of the Year program for 33 years.∑ objection, it is so ordered. prevail.∑ f SUBCOMMITTEE ON NEAR EASTERN AND SOUTH f ASIA AFFAIRS TAX RELIEF FOR UNITED STATES Mr. HATCH. Mr. President, I ask HONORING THE U.S. TAP TEAM TROOPS SERVING IN BOSNIA unanimous consent that the Sub- ∑ Mr. LIEBERMAN. Mr. President, I Mr. D’AMATO. Mr. President, I ask committee on Near Eastern and South rise today to honor Gloria Jean unanimous consent that the Senate Asia Affairs of the Committee on For- Cuming and the United States Tap proceed to the immediate consider- eign Relations be authorized to meet Team, recent winners of the Annual ation of H.R. 2778, just received from during the session of the Senate on World TapDance Championships, which the House. Wednesday, March 6, 1996, at 2 p.m., to were held in Dresden, Germany. The PRESIDING OFFICER. Without hold hearing. Not only is this victory prestigious objection, it is so ordered. The PRESIDING OFFICER. Without and respected around the world, but The clerk will state the bill by title. objection, it is so ordered. the victory was a special one for the The legislative clerk read as follows: f team and our country. This is the first A bill (H.R. 2778) to provide that members of the Armed Forces performing services for ADDITIONAL STATEMENTS time in the history of the competition that the U.S. team won the coveted the peacekeeping efforts in Bosnia and Herzegovina, Croatia and Macedonia, shall title. In addition to the sterling team be entitled to tax benefits in the same man- TERRORISTS IN ISRAEL performance, two individuals, Linda ner as if such services were performed in a ∑ Ms. MIKULSKI. Mr. President, once Provo and Stacy Eastman, advanced to combat zone, and for other purposes. again, terrorists have targeted the the finals of the individual competi- The PRESIDING OFFICER. Is there heart of Israel. My prayers are with the tion, the only 2 women among the 12 objection to the immediate consider- people of Israel as they mourn the lat- semi-finalists to do so. ation of the bill? est victims. Over 60 people have died in All 22 dancers are from the New There being no objection, the Senate the terror of the last 10 days, and the Haven area in my State of Connecticut, proceeded to consider the bill. peace process may die as well. and they all study at Ms. Cuming’s Mr. ROTH. Mr. President, the House We cannot understand the kind of dance studios. Ms. Cuming not only se- recently passed legislation to provide evil and cowardice that kills children lected the team, but was their choreog- much needed tax relief for American as they walk to a party; families as rapher and assistant technical director troops who are performing peacekeep- they walk down the street on a holi- as well. ing services in Bosnia and Herzegovina, day; ordinary and innocent people on Mr. President, I know that you and Croatia and Macedonia. their way to work. They time their at- the entire Senate joins me in congratu- When our young men and women tacks to kill as many civilians as pos- lating these fine performers, who rep- wear our uniform in these war-torn re- sible. They load their bombs with resent their art and their country with gions, I want them to know that they nails—to make sure that all injuries the greatest of skill and pride.∑ have my unqualified support. I want are serious. Their goal is to kill Jews f them to know that they are there for a and to strike a death knell on the reason. They are on important mis- MARY BETH BLEGEN, MINNESOTA peace process. sions—missions to help free these war- TEACHER OF THE YEAR Israelis are angry and afraid. Their torn areas from their undemocratic confidence in the peace process is badly ∑ Mr. WELLSTONE. Mr. President, pasts. shaken—and I don’t blame them. They with great pleasure and enthusiasm I While I would have preferred to limit have given up land and security in ex- would like to recognize Mary Beth our involvement to strategic and tac- change for peace. Yet they still live Blegen as the Minnesota Teacher of the tical air and sea support, we must now under constant threat. Year. Not only has Ms. Blegen been give our full support to our troops. We must stand by Israel as a friend awarded the 1995 Minnesota Teacher of This legislation provides much needed and ally. I support the President’s plan the Year, but she has also been selected tax relief for our troops in Bosnia and to provide immediate assistance to Is- as one of the four distinguished final- Herzegovina, Croatia, and Macedonia. rael. The United States will use our in- ists for the National Teacher of the Let me briefly outline the major as- telligence agencies to help them route Year program. Ms. Blegen arrived in pects of this legislation. First, the bill out these terrorists. We will provide Washington Sunday and has been giv- exempts from Federal income tax mili- specialized explosive detection equip- ing a presentation sharing her dedica- tary pay received by enlisted personnel ment and technical experts. And Amer- tion to the youth of Minnesota, attend- while performing peacekeeping services ica will lead an international effort to ing press conferences, and giving inter- in Bosnia and Herzegovina, Croatia, better coordinate the war against ter- views for the National Teacher of the and Macedonia. rorism. Only an international effort Year Award. Despite her rigorous Second, the bill exempts military will track down these killers and those schedule I was delighted to meet with pay received by commissioned officers who bankroll them. The international Ms. Blegen to give her my support and while serving in those areas in an community must also condemn these of course wish her the best in the com- amount equal to the highest monthly acts of terrorism—and ensure that no petition. pay for enlisted personnel which is cur- country provides a sanctuary for these Mary Beth Blegen a dedicated educa- rently $4,104.80 per month. killers. tor for 30 years, is a teacher of English, Third, military pay received by those The Palestinian Authority can and writing, and humanities at Worthing- hospitalized as a result of injuries in- must do more to stop Hamas. If they ton Senior High School. Ms. Blegen il- curred while performing peacekeeping March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1609 services would be exempt from Federal a bill designed to provide tax relief for to the bill be placed at the appropriate income tax for up to 2 years after ter- our service men and women participat- place in the RECORD. mination of peacekeeping activities in ing in Operation Joint Endeavor in The PRESIDING OFFICER. Without the hazardous duty area. Bosnia. This bill is very similar to S. objection, it is so ordered. Fourth, the bill extends the time for 1553, a bill I introduced in the Senate So the bill (H.R. 2778) was deemed filing tax returns, paying tax and other on February 1, 1996, mirroring the ef- read the third time, and passed. deadlines to allow our troops to focus forts of our colleague in the House, f on their dangerous task rather than on Congressman BUNNING. GREEK INDEPENDENCE DAY tax deadlines. I want to convey my thanks to the Fifth, the bill reduces Federal estate House for their quick action in approv- Mr. D’AMATO. Mr. President, I ask taxes and forgives Federal income ing this bill. The amendments of the unanimous consent that the Senate taxes for those whose lives are taken House incorporated certain modifica- proceed to the consideration of cal- while performing the peacekeeping tions and additional provisions which endar item No. 340, Senate Resolution mission. Let me just say that I am will improve the beneficial impact of 219. deeply troubled that similar relief was the bill for our men and women in uni- The PRESIDING OFFICER. Without not provided to Americans killed while form. objection, it is so ordered. serving in Somalia. Whether or not we supported the de- The clerk will report the resolution. Sixth, the bill eliminates tax with- ployment of United States troops to The legislative clerk read as follows: holding on military pay earned tax-free Bosnia, all Americans are considered A resolution (S. Res. 219) designating in these hazardous duty areas. for the safety and security of our fel- March 25, 1996, as ‘‘Greek Independence Day: Seventh, the bill provides special low countrymen who are deployed as a national day of celebration of Greek and rules for surviving spouses and couples part of Operation Joint Endeavor. Al- American Democracy.’’ who file joint tax returns, as well as an though this is a peacekeeping mission, The PRESIDING OFFICER. Is there exemption from the telephone excise it is clearly not without risk. Land objection to the immediate consider- tax for calls made from the hazardous mines and sniper fire will continue to ation of the resolution? duty area. threaten our troops throughout the du- There being no objection, the Senate Finally, in addition to the tax relief ration of this operation. As long as our proceeded to consider the resolution. for military personnel in the hazardous Mr. D’AMATO. Mr. President, I ask duty areas, the bill also postpones var- service men and women are on the ground, they may come into harm’s unanimous consent that the resolution ious tax deadlines for support person- be agreed to, the preamble be agreed nel. To be eligible for such tax relief, way. Sadly, we have already experienced to, the motion to reconsider be laid the individual must be deployed away upon the table, and that any state- from such individual’s regular duty the first American casualty in Bosnia, and we probably have not seen the last. ments relating to the resolution be station and performing services outside placed at the appropriate place in the the United States as part of Operation Let us not forget the family of Sfc. Donald Dugan. While enactment of this RECORD. Joint Endeavor. Such relief would be The PRESIDING OFFICER. Without available to Department of Defense legislation will not return him to his objection, it is so ordered. employees. family, it contains provisions which So the resolution (S. Res. 219) was I fully support this legislation and will alleviate some of the financial agreed to. encourage the Senate to pass it quickly hardships his family may be experienc- The preamble was agreed to. to ease the tax burden and tax filing ing as a result of his death. The resolution, with its preamble, is requirements on our courageous Amer- Because this is a peacekeeping mis- ican troops who are serving in these sion and not a war, the President has as follows: hazardous duty areas. not declared the area of operation to be S. RES. 219 ∑ Mr. DOLE. Mr. President, today is a a combat zone. Therefore, existing law Whereas the ancient Greeks developed the significant day for our troops in Bosnia does not permit our service members in concept of democracy, in which the supreme and Herzegovina, Croatia, and Macedo- Bosnia to receive any of the tax bene- power to govern was invested in the people; nia. Today the Senate will pass impor- fits and relief normally provided to Whereas the Founding Fathers of the Unit- ed States of America drew heavily upon the tant legislation that will provide tax those deployed to combat zones. This legislation will extend to American political experience and philosophy of an- relief to our military forces deployed cient Greece in forming our representative in the former Yugoslavia. military personnel in Bosnia and their democracy; This relief is essential to ensure that families the same benefits available to Whereas the founders of the modern Greek the Internal Revenue Service does not service members who were deployed to state modeled their government after that of make life more difficult for our sol- the Persian Gulf war. the United States in an effort to best imitate diers than the rigors of their Bosnian The more than 20,000 United States their ancient democracy; duty has already. Speaker GINGRICH military personnel deployed to Bosnia Whereas Greece is one of only three na- and I announced in December our in- are performing their duties in service tions in the world, beyond the former British to their country. On a recent trip to Empire, that has been allied with the United tention to send to the President tax fil- States in every major international conflict ing and other relief for our soldiers. Bosnia, I had the opportunity to per- this century; Earlier this week the House passed the sonally visit with many of our men and Whereas 1996 will mark the historic first legislation and I am pleased that the women, and I let them know what a official state visit to the United States of an Senate is doing so today. fantastic job they were doing. elected head of state of Greece; I believe that it is critical for Con- This bill is a small gesture to show Whereas these and other ideals have forged gress to continue demonstrating its un- our troops they are not forgotten. Its a close bond between our two nations and equivocal support for our men and provisions will alleviate their worries their peoples; about financial hardships experienced Whereas March 25, 1996 marks the 175th an- women in uniform involved in Oper- niversary of the beginning of the revolution ation Joint Endeavor and Operation by their families left at home. It is an which freed the Greek people from the Otto- Able Sentry. Our troops have more im- import expression of our support for man Empire; and portant things to focus on than compil- their professionalism and patriotism. Whereas it is proper and desirable to cele- ing records, meeting paperwork dead- I understand the President has indi- brate with the Greek people, and to reaffirm lines, or computing their tax liability. cated he supports this bill. I urge my the democratic principles from which our And they should receive income and es- colleagues to support adoption of this two great nations were born: Now, therefore, tate tax relief for participating in the legislation, and I hope the President be it Resolved, That March 25, 1996 is designated operations. will act promptly to sign it into law. Mr. D’AMATO. Mr. President, I ask as ‘‘Greek Independence Day: A National I thank my colleagues for voting Day of Celebration of Greek and American with me to pass this critical legisla- unanimous consent that the bill be Democracy’’. The President is requested to tion.∑ deemed read the third time, passed, the issue a proclamation calling upon the people Mr. MCCAIN. Mr. President, I am motion to reconsider be laid upon the of the United States to observe the day with pleased to rise in support of H.R. 2778, table, and that any statements relating appropriate ceremonies and activities. S 1610 CONGRESSIONAL RECORD — SENATE March 6, 1996

MEASURE READ THE FIRST are therefore possible during Thurs- (The remarks of Mr. MURKOWSKI per- TIME—H.R. 497 day’s session of the Senate. taining to the submission of Senate Mr. D’AMATO. Mr. President, I Mr. SARBANES. Mr. President, be- Concurrent Resolution 43 are printed in would inquire of the Chair if H.R. 497 fore the distinguished Senator puts the today’s RECORD under ‘‘Submission of has arrived from the House of Rep- proposal to recess, Senator PELL has Concurrent and Senate Resolutions.’’) been on the floor for quite a period of resentatives. f The PRESIDING OFFICER. The bill time today. We would like for him to is at the desk. be able to make his statement before RECESS UNTIL 9:30 A.M. Mr. D’AMATO. Therefore, I ask for the Senate goes out this evening. TOMORROW its first reading. f The PRESIDING OFFICER. Under The PRESIDING OFFICER. The ORDER FOR RECESS the previous order, the Senate now clerk will read the bill for the first Mr. D’AMATO. Mr. President, I ask stands in recess until 9:30 a.m. tomor- time. unanimous consent that the Senate row, Thursday, March 7, 1996. The legislative clerk read as follows: stand in recess following the remarks Thereupon, the Senate, at 7:04 p.m., A bill (H.R. 497) to create the National of Senator PELL and Senator MURKOW- recessed until Thursday, March 7, 1996, Gambling Impact and Policy Commission. SKI. at 9:30 a.m. Mr. D’AMATO. Mr. President, I now The PRESIDING OFFICER. Without f ask for its second reading. objection, it is so ordered. Mr. SARBANES. Mr. President, I ob- f NOMINATIONS ject. Executive nominations received by The PRESIDING OFFICER. Objec- WHITEWATER the Senate March 6, 1996: tion is heard. Mr. PELL. Mr. President, we should The bill will remain on the calendar. not be asked to consider this resolu- THE JUDICIARY f tion. Senate Resolution 227 is, to my ERIC L. CLAY, OF MICHIGAN, TO BE U.S. CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE RALPH B. GUY, JR., RE- mind, simply a license to continue a TIRED. ORDERS FOR THURSDAY, MARCH wild goose chase, and to do so at the JOSEPH F. BATAILLON, OF NEBRASKA, TO BE U.S. DIS- 7, 1996 TRICT JUDGE FOR THE DISTRICT OF NEBRASKA VICE expenditure of public funds which could LYLE E. STROM, RETIRED. Mr. D’AMATO. Mr. President, I ask well be spent for true public needs. DEPARTMENT OF STATE unanimous consent that when the Sen- When the Whitewater matter first HAROLD WALTER GEISEL, OF ILLINOIS, A CAREER ate completes its business today, it came before us 2 years ago, I said that MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF stand in recess until the hour of 9:30 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- it involved distant dealings with mar- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES a.m., Thursday, March 7, that imme- ginal involvement of Federal interests, OF AMERICA TO THE REPUBLIC OF MAURITIUS AND TO diately following the prayer, the Jour- SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- and that it simply did not rise to the PENSATION AS AMBASSADOR EXTRAORDINARY AND nal of the proceedings be deemed ap- level of scrutiny appropriate for Senate PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA proved to date, the time for the two TO THE FEDERAL AND ISLAMIC REPUBLIC OF THE inquiry. COMOROS. leaders be reserved, and there then be a Nothing has happened since to AUBREY HOOKS, OF VIRGINIA, A CAREER MEMBER OF period for morning business until the change my initial judgment one iota. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND hour of 11 a.m., with Senators per- The Senate investigation has dragged PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA mitted to speak therein for up to 5 on for 294 days at a cost of $1.34 million TO THE REPUBLIC OF THE CONGO. ROBERT KRUEGER, OF TEXAS, TO BE AMBASSADOR EX- minutes each, with the following ex- and has not yielded a single result wor- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED ceptions: Senator FEINSTEIN, 15 min- thy of further action. STATES OF AMERICA TO THE REPUBLIC OF BOTSWANA. utes; Senator REID, 15 minutes; Sen- This investigation in my view is an FOREIGN SERVICE ator DORGAN, 20 minutes; Senator BAU- exercise in political harassment. Its in- THE FOLLOWING-NAMED CAREER MEMBERS OF THE definite continuance would be an em- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- CUS, 10 minutes, Senator THOMAS, 30 RICULTURE FOR PROMOTION IN THE SENIOR FOREIGN minutes. barrassment to the Senate. And I SERVICE TO THE CLASSES INDICATED: might add that continuance of the in- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE The PRESIDING OFFICER. Without OF THE UNITED STATES OF AMERICA, CLASS OF MIN- objection, it is so ordered. vestigation holds little promise of ben- ISTER-COUNSELOR: f efit to the majority party, given the SUZANNE K. HALE, OF VIRGINIA widespread public indifference to the FRANK J. PIASON, OF NEW JERSEY PROGRAM matter. THE FOLLOWING-NAMED CAREER MEMBERS OF THE FOREIGN SERVICE OF THE DEPARTMENT OF AGRI- Mr. D’AMATO. For the information In short, Mr. President, we are being CULTURE FOR PROMOTION INTO THE SENIOR FOREIGN of all Senators, tomorrow the Senate asked to approve not just the use of SERVICE TO THE CLASS INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE will resume the pending motion to pro- Senate funds but indeed the exploi- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ceed to Senate Resolution 227, the tation of the full constitutional au- SELOR: Whitewater legislation. It is also pos- thority of the Senate to continue a so- LLOYD J. FLECK, OF TENNESSEE JAMES D. GRUEFF, OF MARYLAND sible that the Senate will begin consid- called inquiry into matters of little THOMAS A. HAMBY, OF TENNESSEE eration of S. 942, the small business consequence, and to do so for clearly PETER O. KURZ, OF MARYLAND KENNETH J. ROBERTS, OF MINNESOTA regulatory reform bill. Rollcall votes partisan purposes. ROBERT J. WICKS, OF VIRGINIA March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 279 EXTENSIONS OF REMARKS

A YOUNG SPEAKER VOICES TIME- HONORING VICTOR CRAWFORD, service clubs and civic organizations in the TESTED IDEALS 1933–1996 greater Springfield community. Today more than 60 clubs, civic organizations, and agen- HON. MARTIN T. MEEHAN cies are affiliated with the ISCC. HON. JAMES A. BARCIA OF MASSACHUSETTS Mr. Speaker, the following individuals who OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES received awards for their distinguished service to the community are: Tuesday, March 5, 1996 IN THE HOUSE OF REPRESENTATIVES Sylvia Bonner. Sylvia has been a Girl Tuesday, March 5, 1996 Mr. MEEHAN. Mr. Speaker, I want to take Scouts Council of the Nation's Capital Service this opportunity to honor Victor Crawford, who Unit comanager in the central Springfield area Mr. BARCIA. Mr. Speaker, Hubert Hum- died March 2, 1996, at Johns Hopkins Hos- since 1992, Sylvia has worked hard to build a phrey, a distinguished former Vice President pital in Baltimore, MD. Mr. Crawford was a strong cohesive program for the youth of our and Senator, observed over 50 years ago, that leader and a national spokesman in the fight community. Most recently she has picked up ``It is not enough to merely defend democracy. to curb tobacco use. the banner of the Springfield Santa refurbishes To defend it may be to lose it; to extend it is Mr. Crawford served in Maryland's State experienced toys for needy children during the to strengthen it. Democracy is not property; it legislature for over 26 years. After he retired holidays. Under her leadership Santa's Green is an idea.'' One of the best ways of extending from his legislative career, Mr. Crawford be- Elves are keeping a Springfield tradition alive. our democratic ideals is to help more Ameri- came a lobbyist. One of his largest lobbying John Garilli. John with his guide dog, Guy, cans, both young and old, improve their ap- contracts was with the tobacco industry, in- has served the Springfield-Franconia Host preciation for democracy. Tracey Sierras of cluding the Tobacco Institute, which paid him Lions Club as secretary, vice president, flea Bay City, MI, has exemplified this effort with over $20,000 in fees. market chairman, sight chairman, and commu- her outstanding participation in this year's As a tobacco lobbyist, Mr. Crawford used nications chairman. He is founder and advisor Voice of Democracy contest, sponsored by the his considerable legislative and personal skills for the Leo Club at Hayfield High School. John Veterans' of Foreign Wars, in which she was to derail a number of State initiatives that and Guy also serve as spokesman for Leader selected as the best speaker in the State of would have curbed tobacco use in public Dog in the Washington metro area. Michigan, and this week is participating in the places and by young people. ``I was in it for Mr. Speaker, the following individuals who national finals here in Washington. the money,'' he said, ``and I was never con- received awards for their outstanding commu- cerned if people were dying.'' Tracey is the manifestation of what we want nity service are: Mr. Crawford's views on tobacco radically our young people to be. She is concerned Dominick Caridi. Dominick has been a tire- changed after he was diagnosed with cancer, about her community and nation, as evi- less and resourceful Boy Scout leader. He led a product of his lifelong smoking addiction. He denced by her efforts in this year's speaking the Scouting for Food Drive in southern Fair- became an eloquent and persuasive speaker contest. She understands the importance of fax County and the city of Alexandria. Under on the issue of tobacco. His message was the eloquence of words being followed with his exceptional leadership and enthusiasm the clear and sobering, ``It's too late for me, but the commitment of action. She is vice presi- Scouts collected more than 80 tons of food for it's not too late for you.'' the hungry residents of the Greater Washing- dent of Bay City All Saints High School stu- By appearing on ``60 Minutes'', Massachu- dent council, and has been actively involved ton area. setts' Department of Public Health's ``Let's Robert E. Denny. Robert, an author, a Civil with Students Against Drunk Driving. She Make Smoking History'' campaign, and a radio leads by example, including her outstanding War historian, a tireless volunteer who has address with President Clinton, Victor worked on the developmental programs for se- 3.5 grade point average. Crawford made a difference in the fight Competing for achievement is nothing new verely handicapped residents of the Northern against youth tobacco use. His was a credible Virginia Training Center. for Tracey. She has done it this year in Michi- voice, a man who realized he had made a gan, and is facing our Nation's best here in Bob Lund. Bob serves the community in mistake and wanted to make amends. many ways. As the coordinator of volunteer ef- Washington. She is planning on making her Mr. Crawford will be missed not only by his forts to maintain the grounds at the Pohick presence known internationally as she has set family and friends but also by countless chil- Regional Library, he has coordinated the ef- her long-term goal on becoming an inter- dren who listened to his message and decided forts of over 35 Eagle Scout service projects, national business lawyer. She will take more not to start smoking. His legacy will include serving as mentor and role model to countless concrete steps towards the goal when she en- thousands of healthy lives that otherwise young people and saving the community un- ters Saginaw Valley State University, my alma would have ended prematurely from tobacco mater, this fall, putting to good use the schol- told costs. related illnesses. Lt. Tyrone Morrow. Lieutenant Morrow of arship she won as part of the Voice of Democ- f the Fairfax County Police Department serves racy contest. HONORING THE SPRINGFIELD his community in many ways. In addition to his Mr. Speaker, at a time when we seem to INTER-SERVICE CLUB COUNCIL unselfish service as a police officer he serves hear stories about young people who are AWARD WINNERS as a mentor and role model for children at risk heading down the wrong path, who have failed of being lost to education. Through his per- to set goals for themselves and do not appre- HON. THOMAS M. DAVIS sonal efforts as a tutor and through his inspi- ciate what life has to offer to them, it is impor- rational example and ability to recruit others to OF VIRGINIA tant and refreshing for us to learn about capa- serve as tutors, Lt. Morrow has instituted on- IN THE HOUSE OF REPRESENTATIVES ble, energetic and focused young people like going projects to help young people in our Tracey Sierras. I know her parents, Randy Tuesday, March 5, 1996 community who had nowhere to turn. and Judy, are rightly proud of their daughter. Mr. DAVIS. Mr. Speaker, it gives me great Mr. Speaker, the following individuals re- I want to add for the record that all of us in pleasure to rise today and pay tribute to some ceived the Award for Persons of the Year: Bay City and in the fifth district are proud of very special people in Virginia's 11th District. Carl and Betty Kohlmeier. Carl and Betty her, too. These are individuals who put the good of have been unsung heroes in our community I congratulate Tracey on her accomplish- their community above their own needs. since 1959. In service to the victims of family ments, as I do all of the other State winners. These people received awards from the violence, helping the Northern Virginia Hotline, I urge all of our colleagues to join me in con- Springfield Inter-Service Club Council ISCC on active in the United Methodist Church, and gratulating her as we prepare to welcome this February 20, 1996. feeding the needy through ``Lazarus at the new generation of new thoughtful leaders to The Springfield ISCC was founded in 1986 Gate.'' With seemingly endless energy and a the proud heritage of our Nation. to coordinate the good works of the numerous gift to know what is right they have quietly and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 280 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 ably given their hearts and their hands to en- Old Blue Eyes: ‘‘It’s a make you town or a Most people choose a President roman- sure success in their endeavors. bring you down and break you town.’’ tically, a choice made in unfathomable ways Mr. Speaker, I know my colleagues join me Which is why I would like to talk tonight which is now romance is formed. Like John about what I have learned since I arrived in Kennedy and Ronald Reagan. in congratulating these fine citizens on their the Federal City aboard Air Force One on I learned never to humiliate an antagonist outstanding work. It is citizens like these, scat- November 22, 1963. In the intervening 32 and never desert a friend. In a political tered across America, that provide this country years I have in turn been an intimate partic- struggle, never got personal else the dagger with our margin for excellence, in providing ipant at the highest station of this govern- digs too deep. Your enemy today may need services to those in need, keeping our com- ment, serving my President with loyalty and to be your ally tomorrow. munities clean and beautiful, and restoring the fidelity, as well as a clinical observer I learned that nothing lasts. What is up American dream to our young people. The through the administrations of seven Presi- will inevitably go down and sooner or later in reverse. It took forty years, but the House Springfield Inter-Service Club Council and its dents, from the 88th Congress through the 104th Congress. Perhaps some of these changed masters. Victory is often the prel- member organizations deserve our thanks and musings will be some casual interest of a few ude to defeat. President Bush can rise to tes- efforts. of you. They are quite interesting to me. tify about that. Failure is often the precur- f So, let me count the lessons I have learned. sor of triumph. Ask Bill Clinton. Richard Or more accurately, lessons learned as de- Nixon tasted both ends of those beguiling JACK VALENTI—ADDRESS TO THE fined by my experience, not necessarily by equations. The breeding ground of politics is FEDERAL COMMUNICATIONS BAR yours. irrigated and nourished by change. As one ASSOCIATION: LESSONS OF ONE I learned that in the White House there is who has fallen from political power, I can in- OF WASHINGTON’S KEENEST OB- one enduring standard by which every assist- struct George Stephanopoulos in how quick- SERVERS ant to the President, every presidential ad- ly you lose your charm and your entice- viser, every presidential consultant must in- ments when you no longer sit at the right evitably be measured. Not whether you went hand of the Sun King. HON. TOM LANTOS to Harvard or Yale, or whether you scored I learned that a political poll is Janus in OF CALIFORNIA 1600 on your SATs, or whether you are end- disguise. The life of a poll is about 10 nano- IN THE HOUSE OF REPRESENTATIVES lessly charming and charismatically enable seconds. It is already in decay when it is or whether you made millions in what we published. A political poll, like the picture of Tuesday, March 5, 1996 sardonically call ‘‘the private sector.’’ These Dorian Gray, is the face of entropy. The vet- Mr. LANTOS. Mr. Speaker, Jack Valenti, the are all attractive credentials which one may eran professionals know that. The old pols president and CEO of the Motion Picture As- wear modestly or otherwise. But when the use polls to raise money. When polls are up, decision crunch is on in the Oval Office they go for the fat wallets. But the politician who sociation of America, is one of the most distin- are all merely tracings on dry leaves in the persistently lifts his wet finger to test the guished and insightful observers of the Wash- wind. What does count, the ultimate and political polls before he acts, usually leaves ington scene. As my colleagues know, Jack only gauge, is whether you have ‘‘good judg- office with a wet finger. arrived in Washington aboard Air Force One ment.’’ I learned that if a President, a Congress- with President Lyndon Johnson on November I learned that no presidential decision is man, a Senator does not have convictions, he 22, 1963. In the three decades since Jack ar- ever made where the President had all the or she will be right only by accident. I must rived at the White House, he has been a information he needed to make the decision. confess I have a grudging admiration for There is never enough facts. Very quickly, those freshmen House Republicans who thoughtful and careful eyewitness to the ad- the decision corridor grows dark, the map- won’t budge from their fixed convictions. ministrations of seven Presidents and every ping indistinct, the exit inaccessible. What is They truly believe, heavily, explicitly. Congress from the 88th to the 104th. not useful are precedents or learned Which is why Speaker Gingrich is finding Jack shared his wisdom and thoughts about disquisitions by Op-Ed page pundits, some of out what Mirabeau finally knew: When you our National Government based on his first- whom would be better suited to raising pi- undertake to run a revolution, the difficulty hand participation and his perceptive observa- geons. Finally, the decision is made on judg- is not to make it go. It is to hold it in check. tions in an outstanding address to the mem- ment alone. Sometimes the judgment is But I have also learned that the frustrat- bers of the Federal Communications Bar a few good. Sometimes it is not. ing constant of modern day American poli- You don’t learn ‘‘good judgment’’ in the tics is perennial gridlock, caused by forces at weeks ago. The lessons he shared with these Ivy League or by reading the New York either extreme. It has been said that a man attorneys are lessons that would be beneficial Times, the Washington Post or even the does not show his greatness by being at the to all of us in the Congress as well. Mr. Weekly Standard. It is well to remember, as end of one political boundary or the other, Speaker, I ask that the address of Jack Va- Oscar Wilde once said, that from time to but rather by touching both at once. In our lenti be placed in the RECORD, and I urge my time nothing that is worth knowing can be free Republic, political parties argue and colleagues to give it thoughtful attention. taught. Judgment is something that springs shout, but finally they touch both ends of from some little elf who inhabits an area be- the extremes and draw them together. That WASHINGTON, DC: ‘‘IT’SA MAKE YOU TOWN OR tween your belly and your brain, and who is called ‘‘compromise.’’ It is not an ignoble A BRING YOU DOWN AND BREAK YOU TOWN.’’ from time to time, tugs at your nerve edges, word. Compromise is the canopy under which (By Jack Valenti) and says, ‘‘no, not that way, the other way.’’ men and women finally behave wisely, once As one who has spent his entire adult ca- This mysterious inhabitant is called in- they have exhausted all other alternatives. reer in two of life’s classic fascinations, poli- stinct, intuition, judgment. It is the one in- Without compromise, parliamentary bodies tics and movies, I have known in both those gredient on which the rest of human condi- will ‘‘split into a bundle of unfriendly and worlds the great, the near great and those tion depends for guidance. distrustful fragments.’’ who thought they were great. The latter cat- I learned that the one political component I have learned that if we live in the inces- egory outnumbers the first two by a long above all else which can insure electoral vic- tuous world of Washington long enough we ton. I have become convinced that movie tory or crushing defeat is timing. A whack become, in the main, skeptics, cynics, who people and politicians spring from the same to your political solar plexus six to eight view with lacerating contempt the boobs and DNA. months before an election is survivable. Two the rabble, the unlearned and unlettered, They are both: weeks before the election, and you’re dead. who live out there, somewhere east of Bev- Unpredictable. Ask Jimmy Carter. In politics, twenty-hours erly Hills and west of the Beltway. But those Sometimes glamorous. is a millennium. boobs are the very folks who over two cen- Usually in crisis, imagined or otherwise. I learned that economic forecasts beyond turies of cruel disjointings have sustained Addicted to power. about two weeks have the same odds of accu- this free and loving land. Anxious to please. racy as guessing the winning numbers in the I have a special feeling for the rabble. My Always on stage. D.C. lottery. If you truly believe in long- grandparents were part of that rabble. They Hooked on applause. term predictions of economic activity, esti- came to Texas from Sicily, poor immigrant Enticed by publicity. mates based on so-called ‘‘real numbers,’’ peasants, strangers in a strange and won- Always reading from scripts prepared by which is the mantra of the current budget drous land. They became unabashed patriots, someone else. debate, then you are enrolled in a defunct which to them meant fierce loyalty and un- Constantly taking the public pulse. mythology. Economic forecasts are usually breakable fidelity to their new country. Never really certain, except publicly. unwarranted assumptions leaping to a pre- These days we are uneasy with the des- Indeed, it’s difficult to say which deserves conceived conclusion. Just remember, when- ignation ‘‘patriot.’’ We regard it in much the more the description of entertainment cap- ever an economist can’t remember his phone same queasy manner as one does holding a ital of the world, Hollywood or Washington, number, he will give you an estimate. wolf by the ears. Too bad. When the night is D.C. I learned that when there is no unamiable full of knives, when lightning is seen and The lyrics of the song ‘‘This Town,’’ as issue like war, or prospect of war or reces- drums are heard, the patriots are always sung by Frank Sinatra explain most accu- sion or economic disaster, most people vote there, ready to fight, and ready to die if need rately what Washington is all about. Sang for a President viscerally not intellectually. be, to defend their country and to protect March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 281 those who stayed home, for sound and con- COMMEMORATING BLACK HISTORY morrow'' I would like to pay tribute to an out- venient reasons, of course. MONTH standing St. Louisan who exemplifies the high- But the greatest lesson I have learned, the est values and qualities of leadership in the most important of my education, is really SPEECH OF African-American community, Mrs. Margaret the essential imperative of this century. It is called leadership. We brandish the word. We HON. NANCY PELOSI Bush Wilson. Mrs. Wilson is a St. Louis native who grad- admire its light. But we seldom define it. OF CALIFORNIA uated from Sumner High School and received Outside Caen in the Normandy countryside IN THE HOUSE OF REPRESENTATIVES of France is a little cemetery. Atop one of a B.A. degree in economics, cum laude, from the graves is a cross on which is etched these Wednesday, February 28, 1996 Talladega College. She went on to earn her words: ‘‘Leadership is wisdom and courage Ms. PELOSI. Mr. Speaker, I thank my distin- LL.B from Lincoln University School of Law. and a great carelessness of self.’’ Which guished colleagues, Congressmen STOKES Mrs. Wilson has been a highly respected jurist means, of course, that leaders must from and PAYNE, for calling this special order in in St. Louis for many years and is admitted to time to time put to hazard their own politi- celebration of Black History Month for choos- practice before the U.S. Supreme Court. She cal future in order to do what is right in the has also taught at the CLEO Institute and St. long term interests of those they have by ing this year's theme: African-American solemn oath sworn to serve. Easy to say. Women: Yesterday, Today and Tomorrow. Louis University School of Law. Tough to do. The theme today heralds women who have Margaret Bush Wilson has dedicated her life I remember when I first bore personal wit- made distinctive contributions to our country. to the fight for civil rights and racial equality, ness to its doing. It was in December, 1963. For every woman from Harriet Tubman to carrying on a family tradition of community Lyndon Johnson had been President but a Rosa Parks to Myrlie Evers-Williams who have service. Mrs. Wilson's mother, Berenice few short weeks. At that time I was actually become household names, there are legions Casey, served on the executive committee of living on the third floor of the White House the St. Louis NAACP in the 1920's and 1930's until my family arrived. The President said of women from past to present who have made great contributions to their communities and her father, James T. Bush, Sr., a pioneer to me on a Sunday morning, ‘‘call Dick Rus- real; estate broker in St. Louis was the moving sell and ask him if he would come by for cof- with little or no recognition. We are here to fee with you and me.’’ honor all of them today. force behind the Shelley versus Kraemer case Senator Richard Brevard Russell of Geor- When we examine this theme, it is only nat- which led to the landmark U.S. Supreme Court gia was the single most influential and hon- ural that our thoughts would turn to our re- decision outlawing racial restrictive housing ored figure in the Senate. His prestige tow- cently departed friend and colleague Barbara covenants. ered over all others in those years before the Jordan. Congresswoman Jordan was a for- In addition to being a prominent St. Louis dialogue turned sour and mean. When in 1952, midable force, not only in the African Amer- leader, Margaret Bush Wilson has served in the Senate Democratic leader’s post fell many national positions. She was national open, the other Senators turned immediately ican community, but throughout our country. A champion of liberal causes, she was not only chairperson of the NAACP Board of Directors to Russell, imploring him to take the job. from 1975±84. She has also served in the fol- ‘‘No,’’ said Russell, ‘‘let’s make Lyndon a role model for African American women, but Johnson our leader, he’ll do just fine.’’ So at also an inspiration to people of all colors. lowing Federal, State, and local posts: U.S. the age of 44, just four years in his first Sen- Mr. Speaker, I am very fortunate to rep- Attorney, Legal Division, the Rural Electrifica- ate term, LBJ became the youngest ever resent California's 8th Congressional District tion Administration of the U.S. Department of Democratic leader and in a short time the and to work with many outstanding African- Agriculture, assistant attorney-general of Mis- greatest parliamentary commander in Sen- American leaders, both women and men, and souri, Legal Services specialist, State Tech- ate history. community organizations based in the city of nical Assistance Office, War on Poverty; ad- When Russell arrived, the President greet- San Francisco. These are leaders like Enola ministrator, community services and continuing ed him warmly with a strong embrace, the education programs, title I, Higher Education six-foot four LBJ and the smallish, compact Maxwell, who has been a driving force for the Russell, with his gleaming bald head and Potrero Hill Neighborhood House, guiding and Act of 1965 in Missouri, and acting director, penetrating eyes. The President steered him mentoring several generations of neighbor- St. Louis Lawyers for Housing. to the couch overlooking the Rose Garden, in hood youth; or like Naomi Gray, who spent Mrs. Wilson actively serves in numerous or- the West Hall on the second floor of the Man- many years on the San Francisco Health ganizations committed to education and social sion. I sat next to Russell. The President was Commission as an advocate for health care justice. She is a member of Alpha Kappa in his wing chair, his knees almost touching for low-income communities; or like Sharon Alpha Sorority and is the recipient of many Russell’s, so close did they sit. civic and professional awards including honor- The President drew even closer, and said in Hewitt, who recently helped organize a city- wide summit to find ways to prevent youth vio- ary degrees from St. Paul's College, Smith an even voice, ‘‘Dick, I love you and I owe College, Washington University, Kenyon Col- you. If it had not been for you I would not lence among communities of color in San have been Leader, or Vice President or now Francisco. These women are working within lege, Talladega College, Boston University, President. But I wanted to tell you face to the community to make it a better place. I ap- and the University, of Missouri-St. Louis. Margaret Bush Wilson is a cherished mem- face, please don’t get in my way on this Civil plaud their efforts, and the efforts of the many ber of the St. Louis community and a distin- Rights Bill, which has been locked up in the African-American women in my district who guished black woman. She has demonstrated Senate too damn long. I intend to pass this are working every day to improve life in the bill, Dick. I will not cavil. I will not hesitate. a deep understanding of the history of the city of San Francisco and in our Nation. And if you get in my way, I’ll run you black community and displayed the highest In just a few days, we will end Black History down.’’ level of compassion for equal justice. She has Month and enter a celebration of Women's Russell sat mutely for a moment, impas- truly dedicated her life to improving the future sive, his face a mask. Then he spoke, in the History Month. Let us continue to acknowl- of the black community. rolling accents of his Georgia countryside. edge the accomplishments of pioneering Mr. Speaker. I am honored to salute Mrs. ‘‘Well, Mr. President, you may just do that. women of the past and promote and support Margaret Bush Wilson, a force for good in our But I pledge you that if you do, it will not the goals of African-American women present society who has helped changed the course of only cost you the election, it will cost you and future. Their struggles deserve credit and the South forever.’’ African-American history. recognition every day of the year, not just dur- President Johnson in all the later years in f which I knew him so intimately never made ing Black History Month. me prouder than he did that Sunday morning f THE DEATH OF HIS EMINENCE, so long, long ago. He touched Russell lightly JOHN CARDINAL KROL, D.D., on the shoulder, an affectionate gesture of COMMEMORATING BLACK HISTORY J.D.C., ARCHBISHOP EMERITUS one loving friend to another. He spoke softly, MONTH OF PHILADELPHIA, 1910–96 almost tenderly: ‘‘Dick, my old friend, if that’s the price I have to pay, then I will SPEECH OF gladly pay it.’’ HON. JON D. FOX Of all the lessons I have learned in my po- HON. WILLIAM (BILL) CLAY OF PENNSYLVANIA litical life, that real life instruction in lead- OF MISSOURI IN THE HOUSE OF REPRESENTATIVES ership on a Sunday morning in the White IN THE HOUSE OF REPRESENTATIVES Wednesday, March 6, 1996 House was the most elemental, and the most Wednesday, February 28, 1996 valuable. It illuminated in a blinding blaze Mr. FOX of Pennsylvania. Mr. Speaker, I the highest point to which the political spir- Mr. CLAY. Mr. Speaker, in keeping with this rise today to share my thoughts about a great it can soar. I have never forgotten it. I never year's Black History Month theme, ``African spiritual leader who led the archdiocese of will. American Women: Yesterday, Today and To- Philadelphia for nearly 30 years. E 282 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 This week, the city of Philadelphia, the en- liness, Pope John XXIII, called the meeting of church law. But its acceptance was delayed tire Delaware Valley region, the United States, all the world's Catholic bishops in an effort to out of a reluctance to see him step down. Fi- and people throughout the world are mourning renew the church for life in modern times. It nally, 2 years later, after the cardinal had be- the death of one of the great spiritual leaders was to be only the 21st such council in the come seriously ill, the Pope named Cardinal of our time, John Cardinal Krol, archbishop church's history and the first in a century. Anthony Bevilacqua, then bishop of Pittsburgh, emeritus of the archdiocese of Philadelphia. It was amid these preparations that Pope to succeed him. He was 85. He came to Philadelphia an un- John named Bishop Krol to be archbishop of On the occasion of his 75th birthday, the known bishop from Cleveland. He leaves with Philadelphia. He succeeded John Cardinal cardinal listed among the high points of his friends in the city, the Nation, and around the O'Hara, who had died the previous summer. tenure in Philadelphia the canonization in world. Then the youngest Catholic archbishop in the 1977 of his 19th-century predecessor, St. In my capacity of public service, I have had United States, Krol approached his new job John Neumann, the fourth bishop of Philadel- the great opportunity to know His Eminence. with trepidation. Still, he later recalled that he phia; the meeting in Philadelphia in 1976 of Through my contacts with members of his was given a warm welcome by the priest, reli- the 41st International Eucharistic Congress, a flock, I have come to appreciate the spirit, gious, and the people of Philadelphia. major gathering of Catholics from around the dedication, and integrity of a man who was A talented administrator, he kept the arch- world; Pope John Paul II's visit to Philadelphia unwavering in his faith in God, his commit- diocese financially secure at a time when even in 1979 during His Holiness' first trip to the ment to his church and its people, and his the Vatican was experiencing monetary prob- United States; and the development of the dedication to the Greater Philadelphia area he lems. He ran the five-county archdiocese like new parishes and the construction of new served. He was a prince of the church who a business and responsibly provided for the churches. never lost touch with the common man and 1.5 million Catholics who live there. He main- When many Catholics fled the city of Phila- woman. He was a doctrinal conservative who tained the Catholic school system, one of the delphia for the suburbs, Cardinal Krol adopted had compassion for workers and the poor. He best in the Nation, despite severe economic a policy of keeping as many churches and was, at once, a man who moved in powerful pressures and a decline in teaching nuns. schools open as possible in innercity neigh- worldwide circles which dictated the course of At the same time he was administering the borhoods despite the fact that the majority of Roman Catholicism and international politics archdiocese with great skill, his stature rose in the people served by the churches and and a shepherd whose humble service to God Rome. During the Vatican Council, Pope John schools there were not Catholic. Cardinal Krol also took satisfaction in the and His people made him a role model for made him one of the five under secretaries. In establishment in 1981 of Business Leaders those of all faiths. He served his people and 1967, Pope Paul VI named Archbishop Krol a Organized for Catholic Schools [BLOCS], an his church with strong, steady, and effective cardinal, a prince of the church. organization of local corporate executives, leadership and with great distinction. In 1971, the cardinal's fellow bishops elect- Catholic and non-Catholic, that raised millions The cardinal was born in Cleveland in 1910, ed him to a 3-year term as president of the National Conference of Catholic Bishops, so- of dollars for Catholic schools. the fourth of eight children of John and Anne Cardinal Krol stayed on the job longer after lidifying his position as a premier prelate of the Krol, Polish immigrants. One day, the cardinal reaching retirement age than any other Amer- Catholic Church in America. liked to remember, a coworker asked him four ican bishop. questions about Catholicism that he couldn't It is widely believed that Cardinal Krol The Cardinal, whose name in Polish means answer. Annoyed, he began poking around in played a key role in the 1978 conclave that king, was uncomfortable with the trappings of theology books. Instead of answers, he found elected Wojtyla, then the archbishop of his office. He disliked pomp and was happiest more questions. That search for answers led Krakow, Poland, to the papacy. The two re- when he was with the children of his arch- him, at age 21, to the door of St. Mary's Semi- mained close friends and Cardinal Krol was diocese or helping the poor. nary in Cleveland where he enrolled in 1931 one of the few people in the world who could Over the years, honors have been as a candidate for the priesthood. There he get through to His Holiness on the telephone, showered on the prelate. A score of colleges developed a reputation for scholastic brilliance giving him unique input to the decisionmaking and universities, including all the Philadelphia- and was ordained a priest in 1937. process of the Roman Catholic Church. area ones, conferred honorary degrees upon His obvious intelligence and his devotion to Poland was always an important cause in him. His biography lists 45 awards, including God led him to Rome where he studied canon Cardinal Krol's life. He made radio broadcasts ones from Poland, Italy, and the Republic of law. He arrived in a Europe restless under the in Polish to his ancestral land for more than Chad. He received the Philadelphia Freedom shadow of Adolph Hitler. He visited Poland in 25 years and headed relief efforts during the Medal, the city's most prestigious award, in 1939 to seek out the birthplace of his parents economic crises of the 1980's when his friend 1978. and managed to flee just before Nazi troops Lech Walesa and the Solidarity movement The last award listed, and perhaps the most overran the country. Father Krol returned to were challenging Communist rule. revered by Cardinal Krol, was the this country and began further law studies at In this country, he offered advice and direc- Commandery with the Star of the Order of Catholic University here in Washington. He tion to several American Presidents including Merit, presented by Polish President Lech obtained his doctorate in canon law in 1942. Richard Nixon who asked him to deliver ser- Walesa in March 1991. Poland's highest A year later, he was named vice chancellor mons in the White House during his Presi- award for people of other nations who are not of the Cleveland diocese and, in 1951, he be- dency. He offered prayers at two Republican heads of state, it had not been awarded in 52 came chancellor. In 1953, he was named aux- national conventions and traveled extensively years. iliary bishop of Cleveland and, later that year, to Israel, Egypt, India, Ireland, Jordan, Leb- The health of Cardinal Krol has not been vicar general of the diocese. anon, and Poland. He called for Catholics and good for years, Mr. Speaker, but he never lost It was from this position he was named Protestants to lay down their arms in Northern his sense of humor. ``You get tired and you archbishop of Philadelphia in 1961. Ireland and urged both sides to share the lan- get into a rocking chair and you can't get it As a public figure in Philadelphia, Cardinal guage of peace in the Middle East. started,'' he quipped. But even when his Krol often moved among the wealthy and pow- In 1972, he concelebrated Mass with Pope health was not good, Cardinal Krol kept work- erful in public life. Still, those who know him John Paul II, then a cardinal, in a field at ing on behalf of his church and its people. He well described the cardinal as shy, compas- Auschwitz honoring the Polish priest and mar- traveled to Rome to celebrate the elevation of sionate, caring, and most at ease with children tyr St. Maximilian Kolbe, who volunteered to his successor, Anthony Bevilacqua, to the Col- and the disabled. die in place of a Polish Army sergeant. lege of Cardinals in June 1991. And last Octo- It was at the Second Vatican Council in1962 When the Vatican was faced with staggering ber, he was at Giants Stadium to welcome his that Bishop Krol became friendly with Karol deficits in the early 1980's, Cardinal Krol was dear friend, the Pope, to America. Jozef Wojtyla, the Polish priest who would appointed to a council of 15 cardinals and Cardinal John Krol died on the Feast of later become Pope John Paul II. The future helped rescue the Holy See's finances. In Katherine Drexel, the Philadelphia heiress and pope had been born in a town less than 50 1985, Pope John Paul II appointed Cardinal nun who he sought to elevate to the status of miles from where Bishop Krol's parents hailed, Krol one of three copresidents over the Ex- saint. and the two could lapse easily into a local Pol- traordinary Synod of Bishops, a special con- The woman, known as Mother Drexel, was ish dialect that no one around them could un- ference summoned by the Pope to evaluate beatified November 20, 1988, in a ceremony derstand. the condition of the church 20 years after the at the Vatican. Beatification is the second- Bishop Krol had been the only American close of Vatican II. highest honor the Catholic Church can confer, named the year before to serve on a commis- Cardinal Krol submitted his resignation to the next-to-last step in the long process to- sion preparing for the Vatican Council. His Ho- the Pope on his 75th birthday as required by ward granting sainthood to a member. March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 283 Cardinal Krol, then a retired archbishop, all across the flooded area, that show how im- tation units and ANG support units. (I am said at the time that the honor was a dream portant the Oregon National Guard is to our also pleased to tell you that critical parts for come true. State. At this time, I would like to submit for our CH–47D aircraft were delivered ‘‘just in time’’ by our OSA ANG C–26.) A truly bal- The quest to honor Mother Drexel began in the RECORD comments provided by Major anced force of combat, combat support, and 1964 when Cardinal Krol approved a request General Rees of the Oregon National Guard combat service support units made the day. by the Sisters of the Blessed Sacrament that which further illustrate the need for the Na- Keep up the fight, we need an informed ap- the church consider the possibility of declaring tional Guard. proach on this issue, not a quick legislative Mother Drexel a saint. HEADQUARTERS, OREGON NATIONAL enactment based on an anecdote. An heiress who lived in poverty as a nun, GUARD, OFFICE OF THE ADJUTANT Best regards, Mother Drexel gave $20 million to support the GENERAL, RAYMOND F. REES, church's work among black people and native Salem, OR, February 26, 1996. Major General, OR NG, Adjutant General. Americans. I think it is fitting that Cardinal Krol Maj. Gen. EDWARD J. PHILBIN, Executive Director, National Guard Association f chose such a person to champion. Her spirit of the United States, Washington, DC. was reflected in his life. Her compassion for DEAR ED: Knowing the keen interest you AFFIRMATIVE STEPS OF THE ST. those in need was mirrored by his own. Her and the leadership of the NGAUS have shown LOUIS FIRE DEPARTMENT rejection of wealth and status in favor of a life in regard to H.R. 1646, I have decided to write of service was matched by his rejection of this letter to inform you of our experiences in the recent traumatic flooding in Oregon. HON. WILLIAM (BILL) CLAY earthly trappings in favor of unfailing spiritual- OF MISSOURI ity. I am proud to say that the men and women of the Oregon National guard, Army and Air, IN THE HOUSE OF REPRESENTATIVES Unfortunately, Cardinal Krol's friend, Pope responded magnificently. A total of over Wednesday, March 6, 1996 John Paul II, will be unable to attend the fu- 1,200 individuals responded, reaching a peak neral services in Philadelphia because of se- of 750 on duty at one time. Mr. CLAY. Mr. Speaker, it is a well-known curity restrictions but he was saddened by the In a similar flooding in 1964 over 70 lives fact that in spite of the many gains women news of his friend's death. His Holiness said, were lost. In 1996, only 4 perished. Techno- have made in the workplace, there are still ``I have received news of the death of Cardinal logical improvements such as satellite employers who have yet to recognize their tal- John Krol, with a sense of great loss. With im- weather, cell phones, et al, played a signifi- ents and reward them accordingly. This is es- cant part. However, a modernized National pecially true in law enforcement. I am proud to mense gratitude for his fruitful and untiring co- Guard played a huge role in that ‘‘golden’’ 24 operation with the Holy See from the time of hours when everyone must get it right or say that St. Louis officials have taken affirma- the Second Vatican Council and with me per- fail. Mud slides and high water made our tive steps to resolve this problem. Recently, sonally throughout my pontificate, I am certain highway system a shambles. National St. Louis Fire Department chief, Neil that his memory will live on in the community Guardsmen in many different modes but pri- Svetanics, appointed the department's first he so faithfully served.'' marily in modernized aircraft or aircraft woman captain, Gail Simmons, to the busiest Mr. Speaker, the death of John Cardinal with aircrews equipped with night vision de- engine company in the city. Krol was a loss to the archdiocese of Philadel- vices and thermal imagers executed 68 per- I want to share the following editorial re- sons from extremely perilous circumstances. garding the St. Louis Fire Department's effort phia and the entire Nation as well as to the To those who say that the Guard is in too Catholic Church, both here in the United many communities and needs to reduce, let to recruit and hire women. Entitled ``Climbing States and throughout the world. Cardinal Krol me say that we would have failed if we had The Fire Department's Ladder,'' the editorial was a quiet, graceful man in life and he was been concentrated only in mega-armories in appeared in the February 2, 1996, edition of graceful in death. He chose to return home metropolitan areas. To those who say that the St. Louis Post-Dispatch. It is my hope that where he died, in his own bed, surrounded by we can share resources with other compo- the account will enlighten my colleagues who friends, family, and colleagues. By extension, nents, let me say thank you, but I need dual- have questions regarding employment politics Mr. Speaker, all of us who ever knew him, missioned and highly functional units avail- that target qualified and deserving women and able at a moment’s notice and under the other minorities. who ever benefited by his leadership and faith, Governor’s control. who ever felt the grace of this man were there Geographic dispersal, community involve- [From the St. Louis Post-Dispatch, Feb. 29, as well. He will be missed but his spirit will live ment, familiarity with municipal govern- 1996] on in the lives of all he touched. ment, the right mix of modernized capabili- CLIMBING THE FIRE DEPARTMENT’S LADDER f ties, and unity of command is what the peo- With the elevation of women to the ranks ple of Oregon needed and got in their time or of captain in both the city’s Fire and Police H.R. 1645 AND THE FLOODING IN peril. departments, it now seems rather ludicrous OREGON Only the National Guard can deliver that that society used to ask whether females support. I fear that H.R. 1646 may create were capable of becoming police officers and some false sense that the Army Reserve will firefighters. HON. JIM BUNN ride to the rescue in a dire local emergency Eventually the question became why so OF OREGON in lieu of a diminished National Guard. few of them held such jobs. That was the IN THE HOUSE OF REPRESENTATIVES Additionally, I must tell you of the sup- issue the Department of Justice raised dur- port I received from fellow TAG’s and the ing the 1970s to prod fire and police depart- Wednesday, March 6, 1996 National Guard Bureau. In the response ments across the country to hire more Mr. BUNN of Oregon. Mr. Speaker, with the process, the California National Guard put a women. recent floods in the Pacific Northwest, one of C–130 with 240,000 sand bags in to Portland Just recently, the city’s Fire Department Air National Guard base within 6 hours of the things that became clear to me is that reached a milestone of sorts by appointing the request. In the recovery phase, Califor- the first woman captain in 139 years. She is there are times when neighbors doing every- nia, Utah, and Washington put units on Gail Simmons. thing they can to help their neighbors just is stand-by (primarily ribbon-bridge companies Capt. Simmons is one of 118 captains; she’s not enough. These are the times where peo- and water purification units). This was all assigned to the city’s busiest engine com- ple need help that only the State and Federal done without an interstate compact because pany, No. 28, at 4810 Enright Avenue. Chief governments can provide, whether that be we made it work without a compact. How- Neil Svetanics wants to go further. His goal, through the Federal Emergency Management ever, please do not diminish your advocacy he says, is the appointment of the city’s first Agency [FEMA] or the National Guard, or any of the national compact. Many important female batallion chief. Whereas a captain questions such as liability and insurance commands a fire truck, a batallion chief su- other Government program designed to help need to be addressed systematically and not pervises five firehouses within a district. those in the most need. In this case, I was on the tarmac with each event. Reaching that goal will necessarily mean the lucky enough to witness first-hand the National Finally, I can say that the foresight shown department will have to accelerate it’s re- Guard in Oregon and the important role in by previous Oregon Adjutants General in se- cruitment and hiring of women. They now saving lives and property. I am very thankful lecting force structure paid great dividends. number 10 in a city firefighting force of for having that opportunity. At the heart of our operation was the 41st about 700. Immediately after the rains, I observed the Brigade and 116th Brigade combat units with Police Board President Anne-Marie Clarke their inherent command, control, and com- flood-damaged areas while riding in a National adds that recruitment of more women is a munications. Their Table of Organization priority. The department already is way Guard helicopter. During that ride, we found a and Equipment support units of engineer, ahead of the Fire Department when it comes family stranded. The National Guard used the medical, and MP’s were supplemented by to hiring women. helicopter to rescue the family and take them force multipliers from echelon above division They make up roughly 12 percent of the to safety. It is actions like this, that happened ARNG aviation, engineers, and transpor- city’s police force, and the board already has E 284 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 promoted a woman. Antoinette ‘‘Toni’’ Filla, 39 years in the labor movement, 22 of them Kassebaum-Roukema bill, and he urged Con- to the rank of captain. A 21-year veteran, she as president of the Milwaukee Building and gress to take quick action on this legislation. commands the Eighth District and formerly Construction Trades Council, AFL±CIO, re- The House of Representatives has an oppor- headed the internal affairs division. Capts. Simmons and Filla don’t regard cently retired. tunity to move the Roukema health care re- their achievements as all that special. But After serving his country in the Air Force, form bill one step closer to the President's they are special in one important sense. As Jim returned to Milwaukee and began working desk by passing it as soon as possible. Unfor- trailblazers, these two have opened the doors at Otis Elevator, where he joined the Elevator tunately, some Members of this body want to for others who will be less stigmatized by the Constructors Local 15. Five years later, while delay enactment of these much-needed re- old question of whether women are phys- still at Otis, following his parent's examples of forms by loading the Roukema bill down with ically capable of being cops and firefighters. union activism and involvement, he was elect- controversial provisions. f ed full-time business manager for the union, a Mr. Speaker, we can't afford to let this mod- A TRIBUTE TO LOUISE ST. JEAN post he held for 18 years. In 1974, Jim put his est, but essential health care reform plan fall years of union experience to work once again by the wayside. The American people need HON. JERRY LEWIS and was elected president of the Milwaukee this health care reform bill, and they need it OF CALIFORNIA Building and Construction Trades Council, the now. I urge my colleagues to support the Rou- IN THE HOUSE OF REPRESENTATIVES post he held until his retirement just last kema health care reform bill. month. f Wednesday, March 6, 1996 During his distinguished career, Jim has Mr. LEWIS of California. Mr. Speaker, I served his union brothers and sisters well in A TRIBUTE TO PHYLLIS L. would like to bring to your attention the fine various capacities, including the United Way of PETERSON work and outstanding public service of Louise Greater Milwaukee; the Greater Milwaukee St. Jean. Louise, the department of economic Committee; the Wisconsin Board of Voca- HON. GEORGE MILLER and community development's executive sec- tional, Technical and Adult Education; the Mil- OF CALIFORNIA retary, is retiring at the end of March after 23 waukee County Labor Council, AFL±CIO; and IN THE HOUSE OF REPRESENTATIVES years of exemplary service with the County of the University of Wisconsin Board of Regents. Wednesday, March 6, 1996 San Bernardino in California. Best wishes, Jim, to you and Sandy, and to Louise was born in San Bernardino at St. your children and grandchildren. Enjoy your Mr. MILLER of California. Mr. Speaker, I Bernardine Hospital. As the youngest of eight well-deserved retirement and thanks for every- rise today to pay tribute to Phyllis L. Peterson, children, she was raised on a 100-acre farm in thing over the years. God bless. who is retiring after 12 distinguished years as Bloomington where her dad grew boysen- f president of Diablo Valley College in Concord, berries. Her mother, who is 91, still lives in CA. Bloomington. PERSONAL EXPLANATION Dr. Peterson's career began 37 years ago Louise began her professional work with as a high school French teacher. She later San Bernardino County in 1973 as a clerk with HON. STEVE C. LaTOURETTE was recruited into community college adminis- the transportation/flood control department. OF OHIO tration at De Anza College in Cupertino, CA, She was promoted in 1975 and served with IN THE HOUSE OF REPRESENTATIVES and later at Cuyamaca College in San Diego the county surveyor's office. A short time later, County. Louise returned to the county and in 1985 was Wednesday, March 6, 1996 In 1984, Dr. Peterson became the fourth promoted to executive secretary to the director Mr. LATOURETTE. Mr. Speaker, unfortu- president of Diablo Valley College. During her of Economic and Community Development. nately, yesterday I was unavoidably detained. illustrious career at DVC, she helped develop Louise was recognized as the department's As a result, I was unable to vote on rollcall the Center for Higher Education at DVC's sat- County Employee of the Year in 1994 by the No. 44. However, had I been able to vote, I ellite center in San Ramon, CA, and led the board of supervisors. She was particularly in- would have voted ``yes.'' college to its highest enrollment of 23,000 stu- strumental in facilitating the public sector ap- I ask unanimous consent that my statement dents. She guided the college's faculty and proval process for the issuance of over $800 appear in the RECORD following rollcall vote staff into an era of shared governance and million in tax-exempt housing and industrial No. 44. provided the vision for DVC's nationally ac- development bonds to finance new homes, f claimed instructional program. apartments, and commerce in San Bernardino Dr. Peterson has proven herself a leader in County. HEALTH INSURANCE REFORM BILL higher education. In 1993, she served as head Louise is also well known for her versatility of the Chief Executive Officers of the Califor- and professionalism which has allowed her to HON. LYNN C. WOOLSEY nia Community Colleges. The University of assume many diverse responsibilities. While OF CALIFORNIA Texas Community College Leadership Pro- she has served primarily as the secretary to IN THE HOUSE OF REPRESENTATIVES gram recognized her as an outstanding com- the ECD director, she was also the secretary Wednesday, March 6, 1996 munity college president and the Association for the county's appointed economic and com- of California Community College Administra- munity development commission and sec- Ms. WOOLSEY. Mr. Speaker, I rise today in tors honored her with the Harry Buttimer Dis- retary to the Agua Mansa Growth Association strong support of the Kennedy-Kassebaum- tinguished Administrator Award. comprised of elected officials from the cities of Roukema health insurance reform bill. Of the Through her accomplishments as a teacher Colton, Riverside and Rialto and the Counties more than 43 million Americans who still have and administrator, Dr. Peterson embodies the of San Bernardino and Riverside. no health insurance, 21 million lack coverage very best in our educational leadership. I per- Mr. Speaker, I ask that you join me, our col- because of preexisting conditions. An addi- sonally want to thank her for her years of leagues, Louise's husband Ed, their family, tional 4 million must stay in their jobs because dedicated service to the education community and many friends in wishing her many more they fear losing coverage if they leave. and wish her the very best in the future. years of happiness and success in writing that The Roukema bill will expand the availability f book she has always wanted to write. It is only of health insurance by eliminating preexisting appropriate that the House recognize Louise condition restrictions and guaranteeing port- RECOGNITION OF NATIONAL St. Jean today for her many years of dedi- ability. Americans who want to change jobs SPORTSMANSHIP DAY cated service to San Bernardino County. will no longer be locked into their current jobs f because they fear they will lose their health in- HON. PATRICK J. KENNEDY TRIBUTE TO JIM ELLIOTT surance. OF RHODE ISLAND Of course, we should continue our efforts to IN THE HOUSE OF REPRESENTATIVES enact comprehensive health care reform legis- HON. GERALD D. KLECZKA lation that will control costs and ensure univer- Wednesday, March 6, 1996 OF WISCONSIN sal coverage. While the Roukema bill is by no Mr. KENNEDY of Rhode Island. Mr. Speak- IN THE HOUSE OF REPRESENTATIVES means the solution to our Nation's health care er, I rise today in support of National Sports- Wednesday, March 6, 1996 crisis, it is a good start. manship Day, March 7, 1996. Since 1991, stu- Mr. KLECZKA. Mr. Speaker, I rise today in In his State of the Union Address, President dent athletes from across the country have tribute to Jim Elliott of Milwaukee, who after Clinton said he would sign the Kennedy- come together to celebrate sportsmanship, March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 285 and the importance of fairness, character, and But even if we expand these programs, we COMBATING TERRORISM ethics in athletics at all levels. Parents, teach- must ask, ``Are we training the right people?'' ers, coaches, and students of all ages will A recent study of CPR training courses by Dr. HON. GERALD B.H. SOLOMON spend this day participating in creative activi- Nisha Chandra, a Johns Hopkins researcher OF NEW YORK ties that will emphasize the rewards of being and member of the American Heart Associa- IN THE HOUSE OF REPRESENTATIVES a good sport. Teamwork, cooperation, hon- tion's Emergency Cardiac Care Committee, esty, and integrity are the themes of the life found that three out of four of those participat- Wednesday, March 6, 1996 lessons that are learned by the young people ing in an American Red Cross CPR training Mr. SOLOMON. Mr. Speaker, I would like to who take part in this day. course were under age 40. However, the peo- take this opportunity to condemn in the For the past 6 years, the Institute for Inter- ple most likely to be called on to use CPR in harshest terms the recent wave of suicide- national Sport, located at the University of the home, where 70 percent of cardiac arrests bomb attacks in Israel. These cowardly at- Rhode Island, has worked hard to help estab- occur, are those between 50 and 70. We tacks, carried out by Hamas, indiscriminately lish greater awareness in the area of physical should be training more older Americans to maimed and killed hundreds of innocent civil- fitness. In addition to National Sportsmanship perform CPR. ians and must be stopped. How many times Day, the institute works all year to promote ini- The need for CPR training is particularly must Israel watch her children be butchered in tiatives like the Student-Athlete Outreach Pro- acute in the 10th Congressional District of the street while she stands by idly in the name gram, where student-athletes from high Massachusetts where there is a high propor- of peace? How long would the United States schools and colleges travel to local elementary tion of elderly residents. I believe it is essential tolerate this level of terror if these scenes and middle schools to serve as positive role to increase public awareness of this issue. In were played out in the streets of New York or models and promote good sportsmanship. fact, many of my congressional staff have re- Washington? I am proud to offer my support to programs ceived CPR training. The time has come for Chairman Arafat and like this that provide students of all ages the But, according to the American Heart Asso- the Palestinian Authority [PA] take action opportunity to develop the skills that will help ciation, CPR training is not enough. To in- against the perpetrators. If Chairman Arafat is them through life. I would like to acknowledge crease survival after cardiac arrest, a se- serious about achieving a lasting peace in the the parents, teachers, coaches, participants, quence of events needs to occur, including Mideast and Palestinian self-determination, and especially those individuals who have early CPR responseÐwithin 4 minutesÐopen- then he must step forward and honor his com- committed their time and efforts to broaden ing airways and providing oxygen, administer- mitment to combat terrorism in areas under participation in the arena of friendly competi- ing electric shock, known as defibrillationÐto controlled of the PA. It is time to start disarm- tion and sportsmanship. restore heart rhythmÐand medication. Each of ing Hamas and apprehending the perpetrators f these activities must be successfully linked in of these heinous crimes. If Chairman Arafat a chain of survival. Any weak link in this chain and the PA hope to further appeal to the Unit- THE CARDIAC ARREST SURVIVAL ed States and international community for fi- ACT OF 1995 undermines the likelihood of success. This legislation I am introducing today would nancial assistance they must send a clear and encourage States to increase CPR and life unmistakable message to Hamas and other HON. GERRY E. STUDDS saving first aid training for anyone likely to be terrorist groups that they are not welcome and OF MASSACHUSETTS in frequent contact with people at high risk of further attacks on Israel will not be tolerated. IN THE HOUSE OF REPRESENTATIVES cardiac arrest, such as health professional, In closing let me send my heartfelt condo- Wednesday, March 6, 1996 police and fire personnel, athletic coaches, lences to the friends and families of victims of these horrible bombings and assure the peo- Mr. STUDDS. Mr. Speaker, today I rise to and lifeguards. In addition, States would be encouraged to train members of the lay public, ple of Israel that the United States of America introduce the Cardiac Arrest Survival Act of is firmly committed to combating terrorism and 1995. This legislation would encourage greater such as school teachers, high school students, licensed professionals, and even anyone ap- its roots abroad. training of citizens and professionals who re- f spond first to victims whose heart suddenly plying for a driver's license. stops, known as cardiac arrest, or other cases The Secretary of the Department of Health A TRIBUTE TO DR. LEONARD of serious trauma injury. It would expand the and Human Services would be directed to de- BAILEY number of health professionals and members velop recommendations to States regarding of the lay public who are trained to perform life how to increase training in CPR and other life HON. JERRY LEWIS savings techniques, such as cardio-pulmonary saving techniques and who should be trained. The Secretary would make recommendations OF CALIFORNIA resuscitation [CPR], rescue breathing, reliev- IN THE HOUSE OF REPRESENTATIVES ing airway obstruction, and other first aid tech- regarding how to increase the availability of niques. automatic external defibrillators on ambu- Wednesday, March 6, 1996 Each year, approximately 350,000 people lances, in large public buildings, and at large Mr. LEWIS. Mr. Speaker, I would like to die when they suffer cardiac arrest. Less than public gatherings, such as sports events. bring to your attention the fine work and out- 5 percent of people suffering cardiac arrest The Secretary would also recommend ap- standing public service of Dr. Leonard Bailey outside of a hospital survive, according to the proaches to reduce the cost of liability insur- of Loma Linda, CA. On March 12, Dr. Bailey, American Heart Association. ance associated with defibrillators to make a pioneer in infant heart transplants, will be I know we can do better than this. We owe them more affordable and available. The Sec- appropriately honored for his contributions to it to ourselves and our loved ones to try. For retary would study options for self-insurance the health of children, with the dedication of a instance, in Seattle, where CPR training is re- by the Federal Government for defibrillators it 10-acre park named in his honor in Loma quired for high school students, cab drivers, buys and consider the advisability of establish- Linda. and Seattle sports arena vendors, and is of- ing an industry funded compensation fund to Dr. Bailey is a world famous authority on in- fered free to anyone who wants it, a person is pay claims arising from devices purchased by fant cardiac transplantation and his education, five times more likely to survive a cardiac ar- private entities. training, and professional accomplishments rest than in most other parts of the country. In Finally, the Secretary would monitor the fre- are very well known. In 1984, Dr. Bailey first Seattle, the average survival rate for cardiac quency of cardiac arrest and survival and re- received attention with the transplantation of a arrest is 29 percent and rises to 40 percent for port to the Congress regarding improvement in baboon heart into a 12-day-old girl. While the victims who receive the quickest emergency these areas. infant, known around the world as Baby Faye, response. This legislation would not mandate any died 3 weeks later, she was the first of many As a member of the Health Subcommittee, State or local actions and would authorize only infant heart transplants. Eddie AnguianoÐwho I have received evidence that strongly sug- the funds necessary to carry out authorized was known as Baby Moses when he was gests that we should be training more people Federal activities. given a human heart transplant as a four-day- to learn CPR. Merely eight States currently re- I urge my colleagues to join the American old baby in 1984Ðis today a healthy, active quire elementary and secondary school teach- Heart Association, the American Red Cross, youngster as a result of Dr. Bailey's work. ers to be trained in CPR and first aid before the American Association of Critical Care Dr. Bailey is chairman of the department of receiving a teaching certificate. Only 15 States Nurses, and the National Association of EMS surgery and surgeon-in-chief of the Loma demand that athletic coaches know CPR, Physicians in support of this potentially life Linda University Children's Hospital. He is pro- while 16 States require students to learn CPR. saving legislation. fessor of surgery in the School of Medicine of E 286 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 Loma Linda University and directs surgical legal services specialist, State Technical as- stories or taking them on a ‘‘virtual field training programs at the University Medical sistance Office, War on Poverty; administrator, trip’’ through the Amazon rain forest with- Center. Community Services and Continuing Edu- out ever learning their class-room. College In 1989, the city of Loma Linda purchased students could tap into courses being taught cation Programs, title I, Higher Education Act at distant campuses in areas such as life a 10-acre parcel of land adjacent to the Bryn of 1965 in Missouri, and acting director, St. sciences, business management or engineer- Mawr Elementary School. Elmer Digneo, then Louis Lawyers for Housing. ing technology. Someone working during the mayor of Loma Linda, suggested that because Mrs. Wilson actively serves in numerous or- day could spend some time at a business or the park was adjacent to an elementary ganizations committed to education and social industry site to improve skills in everything school, it be named after Dr. Bailey for his life- justice. She is a member of Alpha Kappa from speech communication to computer- long dedication to the health of children. On Alpha Sorority and is the recipient of many aided design. February 13, 1990 the local city council offi- civic and professional awards including honor- FEDERAL GOVERNMENT EFFORTS cially named the park the Leonard Bailey ary degrees from St. Paul's College, Smith The federal government helped lay the Park. Work is now underway to provide di- College, Washington University, Kenyon Col- groundwork for the Internet, the worldwide verse recreational useÐa baseball diamond, lege, Talladega College, Boston University, connection of computers at libraries, univer- tennis courts, a full-sized soccer field, facilities and the University of Missouri-St. Louis. sities, governments, and businesses. It is also Margaret Bush Wilson is a cherished mem- helping to build the Information Super- for little league baseball, and othersÐat the highway—including Indiana’s version, Access park. Dr. Bailey joins Mayor Digneo and Hulda ber of the St. Louis community and a distin- Indiana—which will make access to the Crooks as two local citizens distinguished by guished black woman. She has demonstrated Internet much easier. parks named in their honor. a deep understanding of the history of the The National Science Foundation recently Mr. Speaker, I have known Dr. Bailey and black community and displayed the highest funded the Rural Datafication Project, a have admired his work for a great many years. level of compassion for equal justice. She has nineties version that brought electricity to A photograph of Dr. Bailey and many of the truly dedicated her life to improving the future rural areas some sixty years ago. This children he has provided with a second of the black community. project is to determine how rural commu- Mr. Speaker, I am honored to salute Mrs. nities spread over large areas can be given chance, hangs proudly in my office. I ask that access to the Internet. The federal govern- you join me, our colleagues, and many of Dr. Margaret Bush Wilson, a force for good in our ment also helps promote distance learning Bailey's friends and colleagues in recognizing society who has helped change the course of and rural student access to previously un- his remarkable achievements at the official African-American history. available courses. dedication of the Leonard Bailey Park in Loma f President Clinton recently announced an Linda. initiative that makes upgrading the techno- TECHNOLOGY FOR EDUCATION f logical literacy of our young people a high AND TRAINING priority for his administration. He has pro- SALUTE TO MARGARET BUSH posed creating a $2 billion seed money fund WILSON that would help connect all U.S. schools and HON. LEE H. HAMILTON libraries to the Internet. OF INDIANA INDIANA EFFORTS HON. WILLIAM (BILL) CLAY IN THE HOUSE OF REPRESENTATIVES In Indiana, Governor Bayh has undertaken OF MISSOURI Tuesday, March 5, 1996 several initiatives to improve distance learn- IN THE HOUSE OF REPRESENTATIVES Mr. HAMILTON. Mr. Speaker, I am inserting ing and computer use in the schools. Wednesday, March 6, 1996 Indiana now ranks among the top ten my Washington Report for Wednesday, March states in the ratio of students to computer. Mr. CLAY. Mr. Speaker, in keeping with this 6, 1996 into the CONGRESSIONAL RECORD. Indiana is also among those states which year's Black History Month theme, ``African- TECHNOLOGY FOR EDUCATION AND TRAINING have state-supported telecomputing net- American Women: Yesterday, Today and To- Although the Indiana economy has shown works for K–12 instruction, and several K–12 morrow'' I would like to pay tribute to an out- some strengths in past months, I sense a schools in the 9th District have already standing St. Louisan who exemplifies the high- great deal of unease as I travel around the made their debut on the World Wide Web est values and qualities of leadership in the 9th District. People are concerned about the with their own Home Pages posting a variety of information on school activities and edu- African-American community, Mrs. Margaret economy and job security, and worry about their future and their children’s future. And cational material. Bush Wilson. this is not just in Indiana. Many people The Indiana Higher Education Tele- Mrs. Wilson is a St. Louis native who grad- across the country are uneasy about their communications System (IHETS) operates a uated from Sumner High School and received economic future in the new global economy satellite-based TV network that delivers its a B.A. degree in economics, cum laude, from that means stronger competition and rapidly programs to 300 sites across the state, in- Talladega College. She went on to earn her advancing technology. Hoosiers are inter- cluding 100 K–12 schools, 48 business and in- LL.B. from Lincoln University School of Law. ested in what it will take to better prepare dustry sites, and 33 hospitals. Most of the Mrs. Wilson has been a highly respected jurist themselves in this new global job market. programming allows for ‘‘live interaction’’ of students off-campus. in St. Louis for many years and is admitted to One idea getting increased attention—espe- cially for rural areas—is distance learning The Indiana Partnership for Statewide practice before the U.S. Supreme Court. She through sophisticated computer links. Education (IPSE), a consortium of Indiana’s has also taught at the CLEO Institute and St. OPPORTUNITIES independent and public higher educational Louis University School of Law. institutions, is developing programs to bring We often hear of the cyberspace revolution, higher education courses via satellite, cable Margaret Bush Wilson has dedicated her life the Internet, the Web, and going on-line. Be- TV, and computers to citizens wherever they to the fight for civil rights and racial equality, hind the new and often confusing terminol- may live. It is already offering 300 degree and carrying on a family tradition of community ogy is the potential to significantly upgrade non-degree courses throughout Indiana. The service. Mrs. Wilson's mother, Berenice the skills of Hoosier students and workers. offerings include undergraduate and grad- Casey, served on the executive committee of The economy increasingly demands a uate, continuing education, professional de- workforce that is well-educated, particularly the St. Louis NAACP in the 1920's and 1930's velopment, and independent study courses. in math and science, and has important com- and her father, James T. Bush, Sr., a pioneer Indiana is also active in the Rural munication and computer skills. Rural real estate broker in St. Louis was the moving Datafication Project, with a site in Moores areas, such as in southern Indiana, often do Hill hosted by the Southeastern Indiana force behind the Shelley vs. Kraemer case not have the resources to build new training Rural Telephone Cooperative providing an which led to the landmark U.S. Supreme Court or education facilities, but can get the latest Internet access program. Another project decision outlawing racial restrictive housing information and expertise through tele- initiated by the Wilson Education Centers in convenants. communications and computer technologies. Jeffersonville has connected to the Internet In addition to being a prominent St. Louis ‘‘Distance learning’’ means using a variety 180 school buildings in 12 counties in the of technologies to reach learners hundreds of leader, Margaret Bush Wilson has served in southeastern corner of our state. Various miles away. Instead of traditional, instruc- many national positions. She was national state grants are available to help schools and tor-led classroom teaching, people could chairperson of the NAACP Board of Directors communities hook up to the Internet. learn through self-directed and interactive from 1975 to 1984. She has also served in the courses run through multi-media computers. ASSESSMENT following Federal, State, and local posts: U.S. Thus, for example, teachers in elementary The solution to the challenge of upgrading attorney, legal division, the Rural Electrification and secondary schools could bring the vast the education of our children and the skills Administration of the U.S. Department of Agri- resources available on the Internet to our of our workers cannot be found in tech- culture, assistant attorney-general of Missouri, students, such as accessing the latest news nology alone. But there is no doubt in my March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 287 mind that we must take advantage of what Hellenic past and a springboard to the future. young people and families a clear message technology has to offer. Indiana is taking Under the presidency of Professor Christopher regarding values such as hard work, dis- some important steps to improve its distance I. Koronieos, the organization is concentrating cipline, respect for human life, individual re- learning programs, and these need our sup- port, especially for the rural areas of our on its young since those individuals will play sponsibility, and the sanctity of marriage. And state. We cannot afford to have another two- an important role in the growth and success of since we can still begin each day with prayer tiered population—those who have access to the United States. But, they do not forget their in the U.S. House, it's time we return prayer the information highway and those who do heritage and will always fight for freedom and to our schools. not. human rights, be it in New York or Imia. But we need more than technology and So I ask my colleagues to join me in con- f hookups. We also need a sustained dialogue gratulating the Federation of Dodecanese So- among students, teachers, businesses, and cieties for their past accomplishments and fu- TRIBUTE TO CARDINAL JOHN community leaders to formulate a workforce KROL development policy that is best suited for ture endeavors. the particular needs of our region. Busi- f nesses interested in expanding their oper- ations in southern Indiana have to play a CELESTIAL ECONOMICS HON. CURT WELDON role in defining the skills they expect from OF PENNSYLVANIA potential employees. Similarly, teachers HON. ANDREW JACOBS, JR. know our strengths as well as weaknesses, IN THE HOUSE OF REPRESENTATIVES OF INDIANA and are crucial in defending curriculum and teacher training in the new technology so it IN THE HOUSE OF REPRESENTATIVES Wednesday, March 6, 1996 becomes an integral part of instruction. Wednesday, March 6, 1996 Combining these recommendations with in- Mr. WELDON of Pennsylvania. Mr. Speaker, puts from the community, we can build on Mr. JACOBS. Mr. Speaker, the great Sid I rise today to pay tribute and honor Cardinal and enhance the various programs already in Taylor of the National Taxpayers Union Foun- John Krol. One of the Philadelphia region's the works. dation takes pen in hand once more, and hits dearest religious leaders, Cardinal Krol passed Few things are more important to me than the bull's eye. away early Sunday morning at his home in the education of our children and good jobs CELESTIAL ECONOMICS Pennsylvania. for our communities. Distance learning and improved computer links will play an in- (By Sid Taylor, Fiscal Poet) Born on October 26, 1910, in Cleveland, creasingly important role in our efforts to We had a bitter standoff OH, Cardinal Krol's beginnings were humble upgrade our students’ and workers’ skills. It But, the controversy is through. and his aspirations never lofty. All that he ever is an investment in our future worth mak- We’re going to balance the budget wanted was to be a priest so that he could ing. In the fiscal year of 2002. better serve God and people. During his 27 f So, now there’s no need to worry, Our national debt is fine, years as Archbishop of Philadelphia, the Na- SALUTE TO THE FEDERATION OF The White House and Congress tion's sixth largest archdiocese, Cardinal Krol DODECANESE SOCIETIES Agree on a $5 trillion credit line. accomplished that goal, helping to create a The deficits don’t really matter, better life for the residents of the Delaware They’re just a little more red ink, Valley and everyone whose lives he touched. HON. CAROLYN B. MALONEY So, like the sinking of the Titanic As Archbishop, his accomplishments in the OF NEW YORK $164 billion won’t put us in the drink. IN THE HOUSE OF REPRESENTATIVES Now, about those interest payments Archdiocese of Philadelphia were great. Dur- To finance our national debt, ing his tenure, over 100 new churches were Wednesday, March 6, 1996 They’re only $333 billion a year built, the Catholic school system was ex- Mrs. MALONEY. Mr. Speaker, I rise today So, there’s no need to get upset. tended far into the suburbs, and services for to bring to the attention of my colleagues a f refugees, the elderly, youth, and the hungry philanthropic organization that traces its roots were expanded. SCHOOL PRAYER back to the Dodecanese Islands of Greece. Best known for his strict conservatism on The Dodecanese Islands include Rhodes, matters of Church doctrine, such as his oppo- Kos, Patmos, Kasos, Symi, Kalymnos, Haiki, HON. DAVID FUNDERBURK sition to the ordination of women and his Tilos, Astypalea, Kastelorizo, Nisyros, OF NORTH CAROLINA strong stand against abortion, Cardinal Krol Karpathos, and Leros. These historic islands IN THE HOUSE OF REPRESENTATIVES was steadfast in his beliefs. However, he also housed the Colossus of Rhodes and are Wednesday, March 6, 1996 pursued a social policy that championed the where Hippocrates, the father of medicine, rights of workers and the poor. Additionally, founded the first western medical school. Mr. FUNDERBURK. Mr. Speaker, I believe Cardinal Krol reformed the confusing and These islands are prominently mentioned in our leadership should express its concern cumbersome annulment process in the arch- Greek history and legend. about the despicable act of an Atlanta TV sta- diocese for Catholics who were trapped in When migrating to the United States, the tion toward one of our Presidential candidates. marriages without love. Dodecanese Greeks brought with them their I, for one, regret the way Alan Keyes was love of Hellenic culture and Democracy. They treated by being handcuffed and shoved in a Cardinal Krol is also well known as being a were the first to form an antifascist movement, parking lot. While I have made no endorse- close friend of Pope John Paul II, and by in New York City, after Mussolini's ascension ment in this primary, the profamily and some accounts was instrumental in his elec- to power in Italy. The movement's members provalues message of Alan Keyes deserved to tion as the first Polish pope by the Cardinal played a major role in the liberation of the is- be heard in the Georgia debate. College in 1978. While Pope John Paul II is lands from Italy and Turkey. The Dodeca- The 104th Congress has spent its first year credited by some as playing a pivotal role in nesians who love democracy and freedom, not addressing economic issues. While these is- freeing Poland and Eastern Europe from com- only fought in Greece, they served in the ar- sues are of vital importance to American busi- munism, Cardinal Krol also worked to achieve mies of Abysinnia, Spain, and the American nesses and families, let us not forget the con- those same goals. Of Polish ancestry himself, military on all fronts in the Second World War. tract with American families. Especially in the Cardinal Krol often made Polish-language On March 7, 1996, the members of the Do- absence of White House leadership, it is now broadcasts on Radio Free Europe. Addition- decanese Societies in my district together with time for us in the second session of the 104th ally, Cardinal Krol, like Pope John Paul II, sup- all the members and friends of the society will Congress to address the moral and spiritual ported Lech Walsea and Solidarity in their ulti- celebrate the 48th anniversary of the unifica- crisis facing America. The breakdown of fami- mately successful anti-Communist activities. tion of the islands with Greece. The members lies and the disregard of moral values are at A great religious and spiritual leader, Car- of the Dodecanese Societies are unique indi- the very root of our economic woes. dinal Krol will be remembered in the hearts of viduals who love their Greek heritage and the Many Federal programs may have contrib- the people of Delaware Valley for many years United States. They take the best of both uted to increased drug use, promiscuity, to come. Mr. Speaker, at this time, I ask my worlds, to create a true cultural blend, that is breakup of the traditional family unit, alter- colleagues to join me in paying tribute to the better than the individual. native lifestyles, and reliance on Government late Cardinal John Krol. He will be greatly Today, the society continues its positive rather than work and individual responsibility. missed by his family, friends, and all of the role. The Federation serves as a link to the It's time the Federal Government sends our people of the Philadelphia area. E 288 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 LEGISLATION TO REAUTHORIZE SPECIAL APPLICATION OF SEC- Startling new statistics reflect a resurgent drug THE SAFE DRINKING WATER ACT TION 1034 OF THE INTERNAL crisis and a sharp increase in the use of her- REVENUE CODE oin, cocaine, and crack cocaine, LSD, and HON. EARL POMEROY marijuana by our childrenÐusually between OF NORTH DAKOTA HON. PATSY T. MINK the ages of 12 and 17. We have attempted to IN THE HOUSE OF REPRESENTATIVES OF HAWAII fight the drug war by creating joint Federal- IN THE HOUSE OF REPRESENTATIVES State-local task forces and with the Depart- Wednesday, March 6, 1996 ment of Justice's Weed and Seed sites, and Mr. POMEROY. Mr. Speaker, I rise today to Wednesday, March 6, 1996 by passing strict sentencing laws for drug traf- discuss a bill I introduced to reform the Safe Mrs. MINK of Hawaii. Mr. Speaker, today I fickers. Drinking Water Act [SDWA]. This bill, which is introduced a bill to provide for a special appli- Now it is clear, however, that we must not identical to legislation passed unanimously by cation of section 1034 of the Internal Revenue only have a tough domestic drug policy, such the Senate, would cut burdensome regula- Code of 1986. as by enforcing minimum mandatory sen- tions, eliminate unnecessary testing require- According to section 1034 of the Internal tences for drug traffickers, we must also take ments, and assist communities in making sure Revenue Code: If a property used by the tax- our fight across our borders into other coun- their drinking water is clean and safe. payer as his principal residence is sold by him tries. We need to send a strong signal to all Since I was elected to Congress, I have and, within a period beginning 2 years before foreign governments that we are serious about been working to pass legislation to reauthorize the date of such sale and ending 2 years after our war on drugs. and reform the Safe Drinking Water Act. Dur- such date, property is purchased and used by Despite the increase of drug use this past ing the 103d Congress, I joined Congressman the taxpayer as his principal residence, gain year, the administration continues to grant sig- Slattery and others in introducing H.R. 3392 from such sale shall be recognized only to the nificant trade benefits to countries whose gov- which passed the House and was the main bill extent that the taxpayer's adjusted sales price ernments have failed to cooperate with the around which negotiations centered. Unfortu- of the old residence exceeds the taxpayer's United States in drug interdiction efforts. nately, Congress adjourned before final action cost of purchasing the new residence. Clearly, Members of Congress must now as- could be completed. I am hopeful that with the When Hurricane Iniki hit on September 11, sume this responsibility and ban together to overwhelming support this bill received in the 1992, the island of Kauai was totally dev- protect our country and children from these Senate, swift action will be taken in the House astated. Thousands lost their homes along drugs. in the near future. with all of their possessions. The hurricane de- My bill authorizes the imposition of trade Over the past 3 years, I have visited several stroyed documents and caused numerous sanctions on countries that fail to cooperate small water systems in North Dakota. Through other problems. The crisis left the County of fully with us to stop the flow of illicit drugs. Re- my visits and conversations with system oper- Kauai unable to process claims already in ducing U.S. trade benefits will make foreign ators, I have become very familiar with the progress in the usual timely fashion. As a re- governments that willingly allow these drugs to workings of this law. Many small and rural sult, the 24 month IRS rollover period permit- end up on American streets and in American water systems simply cannot comply with ting nonrecognition of gain, on Ms. Rita schools to think twice before they look the these mandatesÐthey don't have the tech- Bennington's sale of her old principal resi- other way while drug kingpins in their country nology and they don't have the resources. dence, expired. The delays caused by the dis- cultivate and or transport cocaine right before This law has driven many North Dakota com- aster are well documented, however the IRS their eyes. I urge my colleagues to cosponsor this im- munities to the edge of bankruptcy, while oth- code has no leniency for such unforeseen cir- portant legislation and send a strong message ers have had to ignore the law in order to sur- cumstances. to foreign countries that the United States is vive financially. My constituent, Ms. Rita Bennington, pur- serious about halting the flow of illicit drugs. I firmly believe the rules of SDWA should fit chased her new residence within the meaning f the communities it is designed to serve. The of section 1034, however was unable to meet original law was based on large water systems its requirements with respect to the sale of her EXTENSION OF AGENCY RULE- and subscribes to a one-size-fits-all approach old principal residence, due to the delays MAKING PERIOD UNDER TITLE I to the problem. I believe a more prudent ap- caused by Hurricane Iniki. This bill would allow OF THE INDIAN SELF-DETER- proach is to take the actual threat to public her 2.5 years, instead of 2 years, to complete MINATION AND EDUCATION AS- health into consideration and allow commu- the transaction thereby allowing her to apply SISTANCE ACT nities to target scarce resources to those nonrecognition of gain provisions to the sale of needs. her old principal residence. This bill does just that. It reduces the regu- HON. GEORGE MILLER Natural disasters are truly unfortunate. Nev- OF CALIFORNIA latory burden imposed on States and public ertheless, individuals who suffer as a direct re- IN THE HOUSE OF REPRESENTATIVES water systems, increase State authority and sult of such destruction should not be addition- Wednesday, March 6, 1996 flexibility, provides financial assistance for un- ally penalized with the denial of an expected funded mandates, and directs the Environ- tax deduction. Such circumstances should be Mr. MILLER of California. Mr. Speaker, mental Protection Agency to consider costs given legislative relief. today I am introducing a simple bill that and benefits when setting new standards. Im- Mr. Speaker, I urge the immediate consider- amends title I of the Indian Self-Determination portantly, small systems are given special con- ation of this legislation. and Education Assistance Act. The act, which sideration under the legislation. The bill re- f was enacted in 1975, empowers tribes and quires the EPA to consider system size when tribal organizations to take over the operation determining the best available technology to IT IS TIME TO STOP THE FLOW OF of Federal programs that directly benefit Amer- address a risk, permits States to issue ILLICIT DRUGS IN THE UNITED ican Indian and Alaska Native tribes. In giving variances, and provides for technical assist- STATES tribes greater control of the programs which ance grants. affect their lives on a daily basis, we sought to Of particular concern to me regarding the HON. E. CLAY SHAW, JR. foster true Indian self-determination as well as current law are the arbitrary numbers of spe- OF FLORIDA to limit the growth of the attendant Federal bu- cific contaminants that must be regulatedÐ IN THE HOUSE OF REPRESENTATIVES reaucracy which had sprung up around the without regard to the risk they present. Cur- Federal Indian programs. rently, communities must monitor for 83 con- Wednesday, March 6, 1996 In the 103d Congress, we amended the In- taminants and the EPA will require monitoring Mr. SHAW. Mr. Speaker, I rise today to in- dian Self-Determination Act in response to the for 25 more contaminants every 3 years. The troduce legislation that will authorize the impo- 6-year refusal of the Departments of the Inte- bill passed by the Senate and which I have in- sition of trade sanctions on countries which rior and Health and Human Services to pro- troduced eliminates this requirement and es- threaten the health and safety of U.S. citizens mulgate rules to carry out certain provisions in tablishes a process for EPA to select and list by failing to cooperate fully with the United the act. Through the Indian Self-Determination contaminants for regulatory consideration States regarding the reduction and interdiction Act Amendments of 1994, we streamlined the based on occurrence and health effects. of illicit drugs. contracting process, curbed the Departments' I am hopeful that the House of Representa- The United States has been saturated by a rulemaking authority, and required the Depart- tives will follow the Senate's lead and take flood of illegal drugs which has resulted in our ments to negotiate new regulations with the swift action to move this bill. national security being seriously threatened. Indian tribes. March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 289 In order to prevent any further agency in- ciated AIDS. At least 8,000 people with hemo- a tree, they were guaranteed a series of transigence in promulgating regulations pursu- philia and other blood-clotting disorders con- transfusions and weeks in the hospital. ant to the Departments' remaining rulemaking tracted HIV/AIDS from transfusions of con- So when drug companies started selling a blood-clotting solution that their sons could authority, the 1994 amendments contained a taminated antihemophilic factor [AHF] between inject at home, the Savoies were thankful. sunset provision which terminates the Depart- 1980 and 1987. This means that as many as Then their gratitude turned to outrage. ments' ability to issue regulations if they fail to half of all individuals who suffer from blood- The same product that granted Joe, Steve do so within 18 months of the date of enact- clotting disorders were exposed to HIV and Phil such freedom became a death sen- ment. The Departments' rulemaking authority through the use of AHF. tence. is set to expire on April 25, 1996. Every death from AIDS is a tragedy that Sometime during the early to mid-1980’s each of the three brothers contracted the Since enactment of the 1994 amendments, touches many lives. Yet who can fathom the AIDS virus from contaminated blood used in the tribes and the Departments have pro- sheer devastation inflicted on families such as the clotting solution. ceeded to negotiate a draft set of regulations these? The enormity of their experience be- Joe was the first to die of AIDS-related to carry out the terms of the act. Although the comes still more compelling when one learns lung cancer in January 1992. He was 40. tribes and the Departments finished work on that the Government could have acted to pre- Phil, the baby of the family, died June 6 of the draft regulations by the end of October vent it. AIDS-related illnesses, including pneumonia. In 1980, when the first gay men began fall- He was one week short of his 38th birthday. 1995, the two Government shutdowns and a Steve, 41, is the sole survivor. spate of bad weather prevented the agencies ing ill from the mysterious ailment that would ‘‘I’m really scared,’’ he said. ‘‘Since from publishing the proposed regulations until ultimately be called AIDS, the technology be- Thanksgiving, I’ve had problems with my January 24, 1996. The 60-day public comment came available to pasteurize blood-clotting throat. I’m afraid it’s the beginning of period runs until March 25. The tribes and the agents. Yet for 7 years the Reagan adminis- things.’’ Departments have both committed to a final tration failed to require the blood products in- His weight has dropped from 200 to 176 meeting prior to publication of the final regula- dustry to make use of this technology. Nor did pounds, and his tonsils have become so swol- the Government require the industry to inform len in the last few days he just eats Cream of tions in order to review, discuss, and reach a Wheat. consensus regarding the comments received the public about the risks of contamination Steve’s mother lies awake at night and by the Departments. with blood-borne pathogens such as HIV. prays. The tribes and the Departments both fear The failures of our public health system that ‘‘We prayed for a miracle, we prayed for that there will not be enough time to conduct contributed to this catastrophe are docu- drugs, we prayed to every saint, and finally a final meeting and allow for adequate agency mented in a report by the Institute of Medicine you give up,’’ she said. ‘‘You feel like you’re review and integration of tribal comments into of the National Academy of Sciences, commis- sitting on railroad tracks and you know the sioned by Secretary Shalala and published train is coming but there is nothing you can the final regulations by April 25. The tribes do to stop it.’’ and agencies are in agreement that they are last year. The report recommends a series of Kathy Savoie, Steve’s wife, interjected: better off with the negotiated regulations than steps that will help ensure the safety of the ‘‘We’re still praying.’’ with no regulations at all. Thus, the tribes and blood supply so that future tragedies can be The Savoies told no one but a few close the Departments have asked Congress to prevented. friends and their extended family what was amend section 107(a)(2)(B) of the Indian Self- Such forward-looking measures are essen- killing their sons. Not their coworkers and tial. But we also have a responsibility as a so- not their neighbors in Weymouth and Abing- Determination Act to extend the sunset provi- ton. They worried that people in their subur- sion by 2 months. ciety to make restitution to those for whom these steps have come too late. That is why ban communities would ostracize them or Mr. Speaker, that is what this bill does. I ask too many painful questions. would like to note that not only does this bill I have joined with Congressmen PORTER But Steve convinced his family that talk- have the support of the Indian tribes and the GOSS of Florida in introducing bipartisan legis- ing about their very personal tragedy will administration, but it enjoys bipartisan support lation to provide partial compensation to these help ease their frustration. in the Congress. I urge my colleagues to sup- individuals and their families. The bill, H.R. Steve and Kathy live in Weymouth with port its swift passage. 1023, is known as the Ricky Ray Hemophilia their two teenagers, Steven Jr., 14, and Kelly, 17. Kathy and the children have tested f Relief Fund Act. It is named for a young man from Florida with hemophilia-associated AIDS, negative for HIV, the virus that causes AIDS. THE RICKY RAY HEMOPHILIA RE- who died in 1992, at the age of 15. He decided to tell his story after the Su- LIEF FUND ACT: HELPING THE The bill would establish a Federal trust fund preme Court declined in October to consider VICTIMS OF HEMOPHILIA-ASSO- to provide $125,000 in compensation to vic- a class-action lawsuit, which was brought by CIATED AIDS tims or their survivors. This may seem like a AIDS-infected hemophiliacs against four substantial amount of money in these budget- drug companies and the National Hemophilia HON. GERRY E. STUDDS cutting days. In fact, it will not even cover the Foundation. annual medical costs incurred by many of He and the rest of the family are also frus- OF MASSACHUSETTS trated that legislation giving $125,000 to any- these families. As Steve Savoie wrote to me IN THE HOUSE OF REPRESENTATIVES one with hemophilia-related AIDS, or to last year, ``I have been stripped of my dignity Wednesday, March 6, 1996 their survivors, has been stalled in Congress and can no longer support my family. * * * for months. Supporters say the money would Mr. STUDDS. Mr. Speaker, I would ask The financial stress is a big part of our lives. compensate victims for the Food and Drug each of my colleagues to imagine that you are * * * There are days I can just barely make Administration’s failure to pull the contami- the parent of three fine sons, each of whom it through the day, only to get bill collectors nated products off the market sooner. has inherited the gene for hemophilia. Then calling the house looking for payment.'' ‘‘It makes me so awful damn mad to think we lost two boys and they sit back and act imagine, if you can, that each of your sons ac- The compensation this legislation would pro- vide cannot undo the terrible harm that has like it’s nothing,’’ said Joseph Savoie, a re- quires the AIDS virus through a contaminated tired Weymouth firefighter who now lives in blood transfusion. Your first son dies at age been done to Ricky Ray, Joe, Phil, and Steve Abington with his wife. 40; the second, at 37, and your surviving son Savoie, and the thousands like them. But it is The Centers for Disease Control estimates is very sick. Among them, they have nine chil- the very least we can and must do. I com- that 10,000 hemophiliacs—half of all those in drenÐyour grandchildrenÐall of whom will be mend Congressman GOSS for introducing this the United States—contracted the AIDS left fatherless. bill, and urge my colleagues to join us and our virus before the mid-1980s. That’s when drug At least one family in my congressional dis- 181 current cosponsors in supporting it. companies started heat-treating the blood products used in the clotting solution, a pro- [From the Patriot Ledger, Jan. 6–7, 1996] trict does not have to imagine what that would cedure that usually kills the virus. be like. They know, because it is precisely ANGER, TEARS REVEAL FAMILY’S TRAGEDY About 2,000 hemophiliacs nation-wide have what has happened to them. The heart- (By Liz Kowalczyk) died of AIDS. In Massachusetts, 358 people breaking story of the family of Joseph and For the past five years, Joseph and Jac- are known to have contracted HIV from Jacqueline Savoie is movingly told in an article queline Savoie have watched life slip away blood products. Two-thirds of those people by Liz Kowalczyk of the Patriot Ledger, pub- from their three youngest sons. But they have died. Activists estimate that in the sub- lished January 6±7, 1996, which I ask to have couldn’t bring themselves to tell people why. urbs south of Boston about two dozen fami- When the boys were born with hemophilia lies have children who are infected. inserted in the RECORD. in the 1950s, the Savoies thought that was The numbers haunt Steve Savoie. Nor is their story unique. I have received let- the worst they would have to face. ‘‘The last time I was in the hospital, I was ters from people throughout New England who Each time Joseph Jr., Steven and Philip looking out the window,’’ he said, ‘‘I imag- have lost family members to hemophilia-asso- hurt themselves playing baseball or climbing ined I saw Joe’s and Phil’s faces. They were E 290 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 asking me to do something. I’m the only one in Abington. All of the couple’s other chil- Today he wishes he had done more then, left.’’ dren—Rhona Barone, David Savoie, Joann and could do more now. He would like people ‘‘WE WERE HELLIONS’’ Dunbar and Dan Savoie—have stuck close to to pressure Congress to pass the compensa- During the 1950s and 1960s, when Joe, Steve home, settling in either Weymouth or Abing- tion bill. The family recently contacted one lawyer, and Phil were children, hemophiliacs had to ton. Another child, also named Joseph, died but was told they might not be able to sue go to the hospital for blood-clotting trans- of meningitis as an infant many years. But these days many of the family’s tradi- successfully because of the state’s statute of fusions. tionally boisterous birthday and Christmas limitations in such cases. The family plans Hemophiliacs—who are almost always boys parties end in tears, so they just don’t get to investigate this further. who inherit the condition from their moth- together as often. Joseph and Jacqueline And while Steve says he’d like to be more ers—lack clotting proteins in their blood. have 27 grandchildren, four great-grand- active in the fight for compensation, it’s be- Some needed weekly transfusions. Less se- children and two more great-grandchildren come harder to maintain his energy. vere hemophiliacs, like the Savioe brothers, on the way. He stopped working as a carpenter three have some clotting power in their blood, and ‘‘I had everyone over for Christmas, and I years ago when he came down with shingles. need transfusions only when they get hurt. tried to be strong,’’ Steve said. ‘‘I didn’t He remained fairly healthy until November, ‘‘The doctors said not to climb trees, but want to show my sadness. But it was a ter- when he had to check into Quincy Hospital we did. They said not to ice skate, but we rible night for me.’’ twice for bleeding in his esophagus. But did,’’ he said. ‘‘We were hellions.’’ Steve is one of the quieter members of the mostly, he is just exhausted. Steve ended up in the hospital every couple family, and his parents and wife express ‘‘I don’t go out much anymore,’’ he said. of months for the little accidents that al- many of the emotions one would expect him ‘‘There are a lot of lousy moments.’’ most every kid stumbles into. Once, he to show. He holds it in. Steve and Kathy, an auto claims super- absentmindedly stuck his tongue to an iced- His wife is hopeful that he will live a long visor for a local insurance company, don’t over porch railing and pulled off the skin. time. His father is sad, and his tears come have the physical relationship they used to Another time, he tripped over some bricks in easily. When his parents talk about the past have. To feel close, they sit by a fire and a yard while delivering newspapers. The 10 years, they both have have spurts of talk. A good day is like the one they spent in sprained ankle caused internal bleeding. anger. Hyannis in October, visiting craft shops and So in 1968, when the FDA approved the Everyone seems numb. stopping for lunch. first clotting powder that hemophiliacs ‘‘There’s no sudden impact,’’ Joseph Savoie While Kathy is working, Steve does laun- could mix with sterile water and inject at said. ‘‘It’s not like you open the door and dry and housework—if he feels well enough. home, it seemed like a gift. there it is. We live with each new pain, day ‘‘He’d rather remodel the entire house than But there was a problem. By the late 1970s, to day.’’ do laundry,’’ Kathy said. The last few times the clotting medicine was manufactured What makes Joseph and Jacqueline so mad he’s felt energetic, Steve built rollers for the from the blood of tens of thousands of do- is that all three of their sons were born with kitchen drawers and put down a new base- nors, many of them intravenous drug users mild cases of hemophilia, so mild that if ment floor. who were paid for their blood. they’d known about the risk of contracting He gives Kathy pop quizzes about what to The collection centers did not screen them AIDS, they would not have used the clotting do if something goes wrong in the house. for HIV, and just one infected donor could product. They would have waited out the ‘‘He’s so afraid that I might not be able to contaminate the entire pool of blood. pain of an internal injury, or checked into a keep things going,’’ she said. ‘‘He’s tried to Steve said he had no idea how big a risk he hospital for a transfusion, which would have pick out his funeral plot and I won’t. I hate was taking each time he injected the solu- greatly lessened the chance of HIV infection. all the planning. I don’t want to throw in the tion until one night in 1985 or 1986 when he The more they’ve found out, the angrier towel.’’ turned on the national news. they’ve become. Sometimes they just sit and cry for hours. He was shocked by what he heard: There Steve said the drug companies should have Steve tries to spend as much time as he was evidence that the blood products were been purifying their products with heat can with his children. He let them miss a day contaminated with the AIDS virus, and he- treatment long before AIDS became a prob- of school to go sledding. On Thanksgiving mophiliacs should order heat-treated blood lem. There was suspicion as early as the eve, he baked nine pumpkin, squash and products. Steve said he immediately called 1970s that hemophiliacs were contracting mincemeat pies with the two teenagers, an his brothers to warn them. hepatitis from the blood products. effort that left him exhausted and in bed the The next morning, Kathy Savoie called the He said the National Hemophilia Founda- next day. New England Hemophilia Center at Worces- tion did not advise members against inject- ‘‘We tell them I’m feeling good and doing ter Memorial Hospital, from which the ing the products in the early 1980s because it all the right things,’’ he said. ‘‘We just have Savoies ordered their clotting medicine. received financial support from the drug to enjoy our time together.’’ ‘‘They said we could not get a new supply companies, Rhone-Poulenc Rorer; Armour f until ours was gone,’’ she said. ‘‘I hung up, Pharmaceutical; Miles, Baxter Healthcare; we took everything out of the refrigerator and Alpha Therapeutic. LEGISLATION INTRODUCED BY and put it all in a big garbage bag. I called The manufacturers have said they acted as REPRESENTATIVE ED MARKEY them back and said ‘We’re out of it, so send quickly as possible, and that little was ON BIOLOGICAL WEAPONS us the heat-treated stuff.’ ’’ known about how AIDS was transmitted. But it was too late. A recent report from the non-profit Insti- Jacqueline Savoie said tests later showed tute of Medicine said the FDA depended too HON. JOSEPH P. KENNEDY II that Joe, an electrician, was infected some- heavily on company officials for advice on OF MASSACHUSETTS time in the spring of 1984. She’s not sure whether to pull the products off the market. IN THE HOUSE OF REPRESENTATIVES when Phil, a carpenter, contracted the virus. And even after the companies started the Wednesday, March 6, 1996 Steve was so afraid that he waited six heat treatments in 1983, the companies kept months to get tested for HIV, and then he selling the old product for two years, accord- Mr. KENNEDY of Massachusetts. Mr. waited another six months to call for the re- ing to Wendy Selig, assistant to Rep. Porter Speaker, I rise in strong support of legislation sults. Goss, the Florida Republican who proposed introduced by Representatives MARKEY, KA- Steve said he doesn’t know exactly when the compensation legislation. SICH, and myself addressing problems associ- he was infected. AIDS first started appearing Today many AIDS-infected hemophiliacs ated with biological and chemical weapons in the United States in 1981, and the drug are pursuing individual lawsuits. But in companies did not start exclusively selling and the potential threat to the American pub- many states they are running into obstacles, lic. heat-treated blood products until 1985. His such as a statute of limitations. infection was probably sometime in between. A few people are suing Worcester Memorial Together, we have developed two pieces of During that period, Steve worked as a car- Hospital, and Dr. Peter Levine, the former legislation: first, the measure deals with ac- penter, and as is often the case in his line of medical director of the hemophilia clinic and cess to etiological agents, also commonly re- work, he was injured several times. He could now chief executive officer of the hospital. ferred to as pathogens, toxins, or disease or- have contracted the virus in July 1984, the Levine declined to comment. ganisms, and second, a measure, which I will month that he replaced the roof on his TOUGH TO KEEP GOING introduce in the very near future, deals with house. When the wooden planks he was Before he died, Phil Savoie served on the the appropriate criminal punishments when standing on collapsed from their metal stag- board of directors of the Committee of Ten ing, he fell to the ground. these agents are used as a weapon of mass Thousand, which spearheaded the class-ac- destruction to cause death or inflict harm or LIVING WITH ANGER tion lawsuit against the drug companies. damage. One day last month, Joseph, Jacqueline, Steve used to ignore his brother’s pleas for JOHN KASICH, ED MARKEY, and I intend to Steve and Kathy gathered to talk around the help with his work. kitchen table at the younger couple’s home ‘‘I was running from it,’’ Steve said. ‘‘I offer amendments to the comprehensive in Weymouth. used to take the documents he’d give me and antiterrorism legislation scheduled for consid- Joseph Savoie retired in 1983 after 30 years just file them away. They made me too eration before the House of Representatives as a Weymouth firefighter, and built a house upset.’’ next week. March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 291 The Kennedy-Kasich-Markey Biological tunately, were stopped before a domestic ter- retary of State, one or more of these trade Weapons Restrictions Act of 1996 would add rorism incident occurred. sanctions must and should be applied. This provisions recommended by the Federal Bu- In closing, I'd also restate my support for will provide the administration with yet another reau of Investigation, the Justice Department, the approach developed by Representative vital weapon against the flow of deadly drugs and the Centers for Disease Control [CDC] to MARKEY, myself, and others. into our Nation. current law on weapons of mass destruction Congressman MARKEY'S legislation would I want to compliment Mr. SHAW and Mr. and biological and chemical weapons by mak- allow the Centers for Disease Control to de- HAMILTON for their leadership in this effort. We ing the criminal misuse of such biological or- velop regulations limiting the relative easy ac- are and will continue to be very serious about ganisms a Federal crime. cess to these dangerous biological agents to drugs, and the American people's deep con- On the surface, the bipartisan Kennedy-Ka- those individuals with insincere motives and il- cerns, as this effort being announced today sich-Markey legislation is very basic. But it legitimate intentions, while also protecting the clearly reflects. represents some very fundamental and nec- very sincere and legitimate scientific research f essary changes to current law to fill some very involving pathogenic or etiological material. clear gaps identified by the FBI and Justice There is obviously legitimate day-to-day re- TRIBUTE TO GREATER BETHEL Departments. search involving these dangerous viruses, A.M.E. CHURCH, MIAMI, FL Specifically, the Kennedy-Kasich-Markey bill such as efforts to find an antidote to the Ebola and amendment would amend the Federal virus, ongoing at dozens, if not hundreds of HON. CARRIE P. MEEK criminal statute to impose mandatory pen- academic laboratories. This research is ongo- OF FLORIDA alties. ing at both Harvard University and Massachu- IN THE HOUSE OF REPRESENTATIVES First, against anyone who knowingly devel- setts Institute of Technology [MIT] in my con- Wednesday, March 6, 1996 ops, produces, stockpiles, transfers, acquires, gressional district. We must take the appro- Mrs. MEEK of Florida. Mr. Speaker, I rise to or attempts to acquire under false pretenses priate steps to protect this legitimate research, pay tribute to Greater Bethel A.M.E. Church, any biological agent, toxin or delivery system and I believe the Markey-Kennedy-Kasich bill the oldest African-American congregation in for use as weapons, or knowingly assists a is a reasonable step in this direction. the city of Miami. foreign or any organization to deliver a weap- f Since its founding on March 12, 1896, in the on of mass destruction intended to kill, injure home of Mr. A.C. Lightburn, Greater Bethel or otherwise harm any persons living in the NARCOTICS TRADE A.M.E. has been at the center of Miami's spir- United States; and itual and community development. Second, against anyone who knowingly at- HON. BENJAMIN A. GILMAN Today, in fulfillment of its founder's vision, tempts, conspires, or threatens to use any bio- OF NEW YORK Greater Bethel A.M.E. Church still nurtures the logical agent, toxin or delivery system for use IN THE HOUSE OF REPRESENTATIVES spirit of its congregation and the entire Miami as a weapon, or knowingly assists a foreign Wednesday, March 6, 1996 community. state or any organization to do so. Standing on the word, under the cross, in its The legislation would also add the term ``re- Mr. GILMAN. Mr. Speaker, I am pleased to 100 years of existence, 13 men have served combinant DNA material'' to the definitions of join my good friends and colleagues, Mr. as pastor: Rev. W.G. Fields, Rev. W.A. Jack- what constitutes a potential biological weapon SHAW of Florida and Mr. HAMILTON of Indiana, son, Rev. S.J. Johnson, Rev. A.P. Postell, if used improperly or as a weapon of mass de- in announcing this new and tougher approach Rev. R.B. Sutton, Rev. H.B. Barkley, Rev. struction. in the battle against the international narcotics H.W. Fayson, Rev. W.F. Ball, Rev. J.B. Finally, the legislation would expand the cur- trade. Our bill, further linking foreign trade to Blacknell, Rev. S.A. Cousin, Rev. T.S. John- rent definition of what constitutes a criminal of- the deadly narcotics business from abroad, is son, Rev. Ira D. Hinson, and Rev. John F. fense to include those who threaten to use a long overdue. Vice President GORE said not long ago that White. biological weapon to kill or injure another. As it begins its second century, Greater This gap in current law was evident last the annual cost to our society here at home Bethel A.M.E. Church is responding to many year, on Good Friday, when, in the weeks fol- from drug abuse is a staggering $67 billion new challenges. Greater Bethel A.M.E. Church lowing the terrorist incidents in Japan involving each and every year. Most of those drugs provides programs for children and senior citi- the toxin Sarin, an anonymous threat was come from abroad. While the Vice President's zens. The church provides counseling to drug lodged against Disneyland and its thousands estimate is very low in my opinion, it makes and alcohol abusers, shelters and clothes the of visitors. The threat demanded a ransom amply clear the seriousness of the threat that homeless, as well as gives support to people note be paid, or the toxic substance would be illicit drugs from abroad pose for our society here at home. For example, the FBI Director infected with HIV. released in the Disneyland amusement park. A solid rock in Miami's African-American attributes about 90 percent of our crime to Fortunately, that incident did not result in the community, Greater Bethel A.M.E. Church drugs. threat being carried out, but clearly there is a continues to uplift and nurture the human spirit No nation can and should tolerate such de- need to address cases where such threats or while reinforcing the fabric of the community's struction coming from abroad, and not take other acts of extortion would occur. social and economic well-being. drastic and dramatic action. If we were to add In summary, there are two important issues Greater Bethel A.M.E. Church recognizes this $67 billion annual cost from drug abuse to facing this Congress when considering biologi- that salvation and service go hand in hand. any yearly trade picture with the major drug cal or chemical weapons legislation. Church members realize, all too well, that you producing or transit nationsÐwho want easy The first is how best we can limit access to can't speak to someone about God if they are access to our marketsÐwe would see an biological organisms that can be used by a hungry; and that if you're going to save souls, overwhelming and staggering U.S. trade deficit domestic terrorist to make a weapon of mass you have to save their bodies too. destruction without inhibiting the very legiti- each and every year with these same nations. Mr. Speaker, I congratulate Greater Bethel The American people know something must mate research of the scientific community in A.M.E. Church on the first 100 years and I be done. Just recently, a survey of public this area. The other issue is how best and wish them much success as they carry on opinion on U.S. foreign policy indicated that 85 how swiftly we will address some very glaring their mission through the next 100 years of percent of the U.S. public believes stopping gaps in the current weapons of mass destruc- service and dedication to God and mankind. the flow of illegal drugs to our Nation is the tion Federal law. f The legislation I have developed, the Ken- most important foreign policy issue, topping nedy-Kasich-Markey legislation, addresses is- even the concern for protecting U.S. jobs. Our LEGISLATION TO REAUTHORIZE sues involving the Federal criminal code, title bill responds to that justifiable public concern THE ADVISORY COUNCIL ON HIS- 18 of the United States Code. of the American people. TORIC PRESERVATION The FBI and the CIA have both testified be- Mr. SHAW'S bill, which I am pleased to be an fore Congress that terrorism in the form of bio- original cosponsor of, will require the imposi- HON. JAMES V. HANSEN logical and chemical weapons is the greatest tion of trade sanctions on countries failing to OF UTAH law enforcement challenge of the next decade. cooperate fully with U.S. efforts against the IN THE HOUSE OF REPRESENTATIVES These bills respond to several recent inci- production and sale of narcotics as evidenced dents in Ohio, Minnesota, and Mississippi by 2 consecutive years of decertification. Wednesday, March 6, 1996 where fringe groups were able to acquire dan- Under our bill, on the recommendation of Mr. HANSEN. Mr. Speaker, today I am in- gerous viruses, pathogens, and toxins but, for- the U.S. Trade Representative and the Sec- troducing, by request, legislation to reauthorize E 292 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 the Advisory Council on Historic Preservation movement was on the cutting edge of the of the world unites these days is support for for an additional 5 years. The Advisory Coun- boldest actions. More than 800 people were the Olympic games. For most Americans, the cil on Historic Preservation, established by arrested challenging discrimination in the con- fact that the games will be held in the United statute in 1966, is charged with a variety of re- struction industry at Downstate Medical Cen- States makes this year's games especially im- sponsibilities in carrying out the National His- ter. We dumped garbage on the steps of Bor- portant. And for these reasons, the people of toric Preservation Act. The authorization for ough Hall to demand better collection in Bed- southeastern Massachusetts, and especially the Advisory Council on Historic Preservation ford Stuyvesant. We organized over 100 build- the people of the town of Freetown, are proud is scheduled to expire at the end of the cur- ings with rent strikes. Through it all Mary that Melissa Cornell of Freetown has been rent calendar year. Phifer was our inspiration in Brooklyn CORE. named as one of those who will carry the On March 20, the National Parks, Forest Mary Phifer moved to Brooklyn from Olympic torch. As the accompanying article and Lands Subcommittee has scheduled a Kannapolis, NC, in 1948. As a single parent from the New Bedford Standard Times shows, hearing to conduct oversight of the process for she has raised four sonsÐJohn, Willis, Ber- Melissa Cornell is an extremely impressive listing resources on the National Register of nard, and QuentinÐa daughter Teresa, plus young woman, and I congratulate Lisa Devlin Historic Places and the section 106 review several nieces and nephews. In 1975 she of the I.H. Schwartz Center for nominating her process for analyzing impacts to National Reg- married Randolph Kirton. During the entire pe- and the U.S. Olympic Committee for selecting ister properties, as well as several historic riod of her residency in New York, Mary has her for this honor. Mr. Speaker, the story of preservation measures currently before the always resided in Brooklyn. This adopted this young woman is an inspiring one and I subcommittee. It is my intend to consider this daughter of Brooklyn obtained an AA in public ask that the article from the New Bedford legislation at this hearing. Therefore, I encour- administration from Kingsborough Community Standard Times about Melissa Cornell and her age all Members who have an interest in this College and a BS in public administration from selection as an Olympic torch bearer be print- topic to make their views known to the sub- Medgar Evers College. ed here. committee so they can be fully considered. A very special person, Mary Ellen Phifer- [From the New Bedford Standard Times] Kirton is retiring after 28 years of dedicated ADVISORY COUNCIL ON COMMUNITY HERO CHOSEN TO CARRY OLYMPIC service with the New York City Community HISTORIC PRESERVATION, TORCH Washington, DC, February 26, 1996. Development Agency. Mary has been a com- (By Elizabeth Lawton) Hon. NEWT GINGRICH, mitted community advocate and volunteer. In July, the Olympics will be coming to Speaker of the House of Representatives, Wash- She serves on the boards of the Association Atlanta. For lifelong resident Melissa Cor- ington, DC. of Community Organizations for Reform Now nell, the festivities have already begun. DEAR MR. SPEAKER: Enclosed is a bill [ACORN], the Brooklyn chapter of the Amer- Thanks to a nomination sent in to the U.S. amending the National Historic Preservation ican Civil Liberties Union, Fort Greene Senior Olympic Committee by Lisa Devlin of the Act of 1966, as amended, that will continue I.H. Schwartz Center in New Bedford, stating Citizens Council, the Mutual Housing Associa- Melissa’s kindness, generosity and willing- the appropriations authorization for the Ad- tion of New York, and the United Communities visory Council on Historic Preservation. Es- ness to always help others, a package arrived tablished in 1966, the Council is an independ- Democratic Club. She is also a member of the at her Chipaway Lane home via UPS, in- ent Federal agency responsible for advising Greater Bibleway Temple, 100 Women for forming her of being selected to carry the the President and the Congress on historic Major Owens, and the League of Women Vot- Olympic torch on June 15 in Boston. preservation matters and commenting to ers, Midwood chapter. ‘‘I’m wicked excited, but I didn’t really be- Federal agencies on the effects of their ac- In addition to her lifetime of activism in the lieve it,’’ said Melissa. The road that brought Melissa here has not tivities upon significant historic properties. world community, Mrs. Phifer-Kirton has de- been without pain and struggles. In 1992, the Council requested the Presi- voted 28 years of her civil service career to Melissa, daughter of Steven and Alice Cor- dent and the Congress to amend Section 212 community action at the New York City Com- nell, was 4 years old when a brain tumor was of the National Historic Preservation Act of munity Development Agency [CDA]. During discovered. She endured three operations 1966 (16 U.S.C. Section 470t) to continue the the 6 years that I served as commissioner of that left her partially paralyzed. She was a appropriations authorization for the Council student at the I.H. Schwartz Center before at a level of $5 million from FY 1993 through the CDA, Mary was a staff member. Mary has been in the field since April 1967 when she going on to graduate in 1983 from FY 1996. That amendment was subsequently Apponequet Regional High School in enacted as Public Law 102–575 on October 30, began her first assignment at CDA monitoring Lakeville. 1992. the neighborhood summer programs. By May She has since given freely of her time at Because the Council’s appropriations au- 1981, she was the district officer of all of the the center, and to Easter Seals and many thorization expires with the current fiscal CDA funded agencies in the borough of other charitable organizations that she feels year, we are now requesting that legislation Brooklyn. she can help. be passed to continue the necessary author- Individuals like Mary are all too rare. She Melissa’s philosophy for life is one of giv- ization. We recommend that the enclosed bill ing back to those who have helped her along be referred to the appropriate committee for cares deeply about the community, so much the journey. Some might look at Melissa and consideration, and that it be enacted. The that she has devoted over two decades of see her as physically challenged; I had the draft bill would coordinate the Council’s re- struggle in the fight to improve the lives of oth- privilege of spending a recent snowy after- authorization with current budgetary plan- ers. At a time when voluntarism and commu- noon watching her teach an 8-year-old to tie ning, which attains a balanced budget in FY nity involvement is decreasing, it is appro- shoes, do origami and zipper, all with the use 2002, by providing appropriations authority priate that we join with Mary's friends and of only her left hand. It was I who felt chal- from FY 1997 through FY 2002. family in celebrating this point-of-light in the lenged. Melissa doesn’t allow much to slow her Sincerely, 11th Congressional District. Before she relo- CATHRYN BUFORD SLATER, down. ‘‘I like to get up every day and do Chairman. cates to Kannapolis, NC, friends and followers things,’’ she says. f of Mary Phifer are assembling for a special On Feb. 21, Melissa, along with 67 other tribute to Mary Phifer on Friday, March 8, Massachusetts residents, was honored as a A POINT-OF-LIGHT FOR ALL 1996. We all welcome this opportunity to show community hero in a reception at Boston AMERICANS: MARY ELLEN how much we appreciate Mary's life of service City Hall, with the Boston Mayor Thomas Menino welcoming his guests, along with PHIFER-KIRTON in New York. She will always be ``First Lady'' Marion Heard, president of the United Way in our hearts. And for the people of the Nation of Massachusetts Bay, and respresentatives HON. MAJOR R. OWENS Mary Ellen Phifer-Kirton is a great point-of- of Coca-Cola Bottlers of New England. light. Melissa will receive an official Olympic OF NEW YORK f running uniform that she will wear June 15 IN THE HOUSE OF REPRESENTATIVES as she carries the 31⁄2-pound torch and runs Wednesday, March 6, 1996 MELISSA CORNELL NAMED TO her half mile toward yet another goal: rep- CARRY OLYMPIC TORCH resenting Freetown in this official Olympic Mr. OWENS. Mr. Speaker, I rise to join event. thousands of my constituents and friends in We all need heroes to help us remember the Brooklyn and New York in saluting Mary Ellen HON. BARNEY FRANK goodness in all people. OF MASSACHUSETTS Phifer-Kirton as a point-of-light for all Ameri- Melissa, we are proud to know you and IN THE HOUSE OF REPRESENTATIVES have you as our hometown hero. We will be cans. Wednesday, March 6, 1996 with you—if not in body, in spirit—on June ``First Lady of Brooklyn CORE'' is the title 15 as you continue on your journey. we assigned Mary Phifer in the turbulent six- Mr. FRANK of Massachusetts. Mr. Speaker, The Olympic Search Committee lists a ties, when Brooklyn's chapter of the CORE one of the few positive issues on which much community hero as someone who performs March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 293 outstanding volunteer work, serves as a com- nual appropriations battle and give rural com- has 2 children, Steven and Darolyn. Bill is munity leader, role model or mentor, per- munities and air carriers a greater degree of fondly known as Belva's husband. Let the forms acts of generosity or kindness; and certainty about the future of their air service. record state that Bill is an all-around-nice-guy, performs extraordinary feats locally or na- and an accomplished professional. tionally. The Rural Air Service Survival Act would The statement of purpose of the U.S. transform EAS, placing the program on solid William V. ``Bill'' Moore, photojournalist Olympic Committee in Atlanta says: ‘‘The fiscal grounds by creating a required expendi- extraordinaire, and his contribution in docu- committee for the Olympic Games seeks to ture within the FAA budget. Funding for the menting historic domestic and international honor America’s community heroes, people program would be provided by a user fee as- news are a treasure of human events shaping whose service to others embraces the Olym- sessed to foreign carriers that utilize U.S. air the development and future of our world. pic Spirit. For 84 days and 15,000 miles across traffic control services. As a result, the legisla- America, Community Hero Torchbearers will tion will have no impact on overall Federal f bring the glow of the Olympic Flame to their communities along the route of the 1996 spending. I should also point out that almost TRIBUTE TO PLATO (BUDDY) Olympic Torch Relay.’’ every major U.S. competitor nation levies simi- lar overflight fees on foreign carriers. MATHIS f Senator DORGAN introduced similar legisla- RURAL AIR SERVICE SURVIVAL tion in the Senate which was adopted by HON. CLIFF STEARNS ACT unanimous vote in the Commerce Committee as an amendment to the FAA reform legisla- OF FLORIDA HON. EARL POMEROY tion. I am hopeful that this proposal will be en- IN THE HOUSE OF REPRESENTATIVES acted as part of FAA reform when the House Wednesday, March 6, 1996 OF NORTH DAKOTA and Senate consider this legislation in the IN THE HOUSE OF REPRESENTATIVES coming weeks. Mr. STEARNS. Mr. Speaker, I rise today to Wednesday, March 6, 1996 Mr. Speaker, I urge all Members to cospon- pay tribute to an outstanding employee who sor and support the Rural Air Service Survival has worked at Munroe Regional Medical Cen- Mr. POMEROY. Mr. Speaker, today I am in- Act. ter in my home town of Ocala, FL. Munroe's troducing legislation to ensure the future of longest serving employee and his name is f commercial airline service in rural America. Plato ``Buddy'' Mathis. He will be soon retiring. When Congress passed the Airline Deregu- WILLIAM V. ‘‘BILL’’ MOORE, Mr. Buddy Mathis' loyalty and dedication to lation Act in 1978, it was understood that rural PHOTOJOURNALIST EXTRAORDI- Munroe spans over 50 years. He first came to air service would deteriorate as airlines raced NAIRE work at the hospital in 1946 as a young boy. to compete in high-volume markets. Therefore, In fact, back then he had to stand on a wood- to preserve an integrated national air service en box to perform many of his chores. network, Congress created Essential Air Serv- HON. RONALD V. DELLUMS Munroe Regional has seen many changes ice, a program to support air carriers that OF CALIFORNIA both in its physical makeup, not to mention maintain routes in smaller, rural markets. For IN THE HOUSE OF REPRESENTATIVES changes in personnel. But, one thing that did the last 15 years, EAS has continued to Wednesday, March 6, 1996 not change over the years at Munroe was achieve this objective and has received bipar- Buddy Mathis. He remained a constant in the tisan support in Congress. Mr. DELLUMS. Mr. Speaker, I rise today to lives of the people who worked in the medical A link to the national air transportation sys- celebrate and chronicle the 28 year career of center and a constant in the community. tem must be maintained for rural states to fos- Mr. William V. ``Bill'' Moore, a photojournalist, ter economic development. The fact is that who was honored on March 3, 1996. He is the Buddy should serve as a role model to all without reliable air service, it is difficult to re- first African-American full-time staff news cam- of us. He is the exemplification of the true tain existing businesses and industries, and eraman on television in the State of California. work ethic. He started working at Munroe even more difficult to attract new ones. As He has been affiliated with KTVU Channel 2 when he could barely reach the counter tops farming operations continue to mechanize and in Oakland, CA, and for the past 5 years serv- without standing on a box. And through the consolidate, rural America must aggressively ing as chief photographer. years he moved up, performing a variety of pursue efforts to diversify its economy. Bill is a native of Oakland and graduated duties, including putting away stock and gath- Key to that diversification is access to the from Oakland Technical High School. He at- ering vegetables from a small garden on the national network of air transportation. With the tended Laney College and the California Col- north side of the building. He also assisted fel- air service supported by the EAS Program, lege of the Arts and Crafts, majoring in pho- low employees such as Felicia StevensÐhead small cities from North Dakota to Texas and tography. Bill was a freelance photographer cookÐMrs. Annie Lee Stroud, and Mrs. Luella Maine to California can market themselves to for the Associated Press before joining what Strupp, among others. investors around the country and indeed was then a tiny news staff at KTVU Channel In 1951, he joined the military to serve in around the world. However, if the EAS Pro- 2. the Korean war and served for several years. gram were discontinued and rural air service Bill's assignments ranged from the San After the war, he returned to Munroe as a allowed to evaporate, it would be nearly im- Francisco Police Department Press for 5 years cook and was also in charge of inventory. He possible for communities in rural America to to U.S. Presidents since Richard Nixon. In be- then attended night school under the GI bill attract new business opportunities. tween, he covered and recorded on film and and finished his education. But EAS is about more than just rural eco- tape the events related to the assassination of During the last 10 years, he and Jim Ruth nomic development. Air travelers around the San Francisco Mayor George Mascone and have worked as a team, running the dietary country, whether urban or rural, benefit from the trial of his accused killer, Dan White, the department. Buddy has seen many changes an interconnected, national air service net- antiwar and civil rights demonstrations of the take place in the building and operations of work. In fact, the majority of passengers on 1970's; the Oakland-Berkeley hills fire storm of the hospital. EAS routes are not residents of EAS cities but 1991; the 1989 and 1993 earthquakes in the Everybody who has or is still working at the people from around the country who are able San Francisco Bay Area and Los Angeles as hospital loved working with Buddy and I'm to reach rural destinations thanks to this pro- well as the Nicaraguan earthquake in 1988; sure they will all hate to see him go. Buddy is gram. the O.J. Simpson murder trial; the training respected by all. I am pleased to be able to In recent years, the EAS Program has been camps and opening season games of the join with his many, many friends and col- under increasing assault in the appropriations Oakland A's, San Francisco Giants, and the leagues in paying tribute to Plato ``Buddy'' process. In fact, the fiscal year 1996 Transpor- San Francisco 49'ers. Bill did films for tele- Mathis for his hard work through the years tation Appropriations Act reduced the program vision on location in Haiti, Italy, and Brazil. His and his kindness and generosity over the by over 30 percent, forcing airlines to sharply skill with the camera is as legendary as his years. reduce the number of round trips in small good natured way of dealing with his fellow I sincerely wish him the best in his retire- cities across the country, threatening the via- workers. ment and congratulate him on his outstanding bility of rural air service. The legislation I am He is married to Belva Davis, an established service to my hometown hospital, Munroe Re- introducing today will extract EAS from the an- and accomplished TV news personality, and gional Medical Center. E 294 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 INTRODUCTION OF A BILL TO DES- nally brought to fruition a matter that has been law. It is a bill that I supported and I am IGNATE THE UNITED STATES their primary concern for over 13 years. And pleased to see this important legislation be- COURTHOUSE IN WASHINGTON, I am very proud that my fellow Vermonters come law. DC, AS THE ‘‘E. BARRETT have played such a significant role in this ef- However, I am outraged at the way in which PRETTYMAN UNITED STATES fort. this extreme Republican leadership snuck a lit- COURTHOUSE’’ I cosponsored the Missing Service Person- tle-known provision into the conference report. nel Act of 1995 after being convinced by Patri- In the attempt to eliminate ``obscene'' material HON. ELEANOR HOLMES NORTON cia Sheerin, Don Amorosi, Sean McGuirl, Walt from the Internet, this provision included an Handy, and Al Diacetis of the desperate need old, outdated definition of the word ``obscene.'' OF THE DISTRICT OF COLUMBIA for this law. The act is the culmination of years IN THE HOUSE OF REPRESENTATIVES Known as the Comstock Act, it included as of effort on the part of my fellow VermontersÐ part of the definition of obscene materials ``any Wednesday, March 6, 1996 Tom Cook, Bob Jones, and Brian Lindner, the drug, medicine, article, or thing * * * intended Ms. NORTON. Mr. Speaker, I am pleased to president, vice president, and chief of re- for producing abortion.'' This obscure, never introduce a bill to name the U.S. district courts search, respectively, of the Northeast POW/ enforced law dates back to the early 1900's and circuit court of appeals building for the MIA Network; and Jim HowleyÐand the veter- and is clearly an unconstitutional violation of District of Columbia Circuit after the late chief ans organizations who have supported it, in- free speech. If enforced, this outdated law judge E. Barrett Prettyman. I am very pleased cluding Vietnam Veterans of America, the would prohibit the discussion of abortion over that the Chair of the District of Columbia Sub- American Legion, the Veterans of Foreign the telephone, on the computer, or through the committee is an original cosponsor. Senator Wars, and the Disabled American Veterans. mail. Most notable were the contributions of the JOHN WARNER has introduced an identical bill The new telecommunication law makes it a family members of the missing and prisoners: in the Senate. felony, punishable by 5 years for the first of- Tom Cook, Sharon Roraback, and Sarah Judge Prettyman was born in Virginia, fense and 10 years for each subsequent of- Pendris. where he graduated from Randolph-Macon Were it not for a special conference held in fense, for anyone to discuss abortion on the College in Ashland. He then graduated from 1993 by the Northeast POW/MIA Network, we Internet. I believe that it would be unconstitu- Georgetown University School of Law. would not today have a law to protect missing tional to ban citizens from speaking freely on Judge Prettyman served on the Federal service persons, to protect their families from the issue of abortion. bench for 26 years. He was the chief judge of exploitation, and to grant basic human rights Women's rights have continually been chal- the U.S. Circuit Court from 1953 to 1960. He to the missing as well as their families. Under lenged by this Congress. This is just the latest was widely regarded as one of America's the guidance of a former POW, Lt. Col. Orson attempt to silence those who advocate a wom- leading legal scholars and a pioneer for judi- Swindle, participants in that conference were an's right to choose. I believe that Congress cial reform. He sought the advice of his col- able to clarify the goals of the proposed Miss- should act immediately to ensure that free leagues to better understand the issues to ing Service Personnel Act as originally au- speech is not violated by this law. help improve the efficiency of the judiciary. He thored by John Holland. Mr. Swindle pointed a I lived through the era before Roe versus also testified many times before Congress as new direction: That while we cannot solve all Wade. I know what poor women went through a strong advocate for increasing the number the problems of the past, we can protect miss- in the back alleys when abortion was not of judges on the District's juvenile court. ing service persons in the future, based on legal. Any attempt to restrict this medical pro- As a jurist, Judge Prettyman was known for what we have learned from past mistakes. cedure is just one more way this Congress is his centrist positions and his thorough opin- Through her courage and intuition, Ver- throwing away a woman's right to choose. ions. His most notable opinion concluded that monter Patricia Sheerin, policy analyst for the Mr. Speaker, It is outrageous that this ex- the State Department had the authority to bar Northeast POW/MIA Network, convinced the treme anti-choice movement would use the U.S. citizens from entering certain areas of the National Vietnam Veterans Coalition to sup- new telecommunications law to threaten a per- world. He wrote: ``While travel is a right, it can port the legislation and work for its passage. son's rights to discuss abortion. Choosing be restrained like any other right.'' The Su- She also formed a plan and policy uniting vet- abortion is the most heartwrenching and per- preme Court ultimately upheld the decision. erans organizations and veterans advocates sonal decision a woman may ever make. But Judge Prettyman also championed the with the sole purpose of correcting and updat- It is a decision that should be made between cause of the indigent. At Georgetown Univer- ing the outdated Missing Service Persons Act a woman, her doctor, her family, and her spir- sity, he established a program where lawyers of 1942. itual conscience. This Congress should not be were trained to better assist indigent defend- Crucial to passage of this new law was the meddling with our ability to freely discuss a ants. support of citizens who were informed about woman's most personal medical decision. Naming the courts after Judge Prettyman its benefits. Joe and Paula Donaldson of Fair f would be a fitting tribute to an outstanding ju- Haven, VT, deserve credit for organizing a rist and legal scholar. I strongly urge my col- weekly vigil as part of this educational effort. INTRODUCTION OF THE INFEC- leagues to support this measure. Nationwide distribution of information on the TIOUS AGENTS CONTROL ACT OF f progress of the legislation, a responsibility of 1996 Bob Necci, helped pave the way to passage of GIVING CREDIT FOR THE MISSING this important act. Education is often the key HON. EDWARD J. MARKEY SERVICE PERSONNEL ACT OF 1995 to success, and such was the case with the OF MASSACHUSETTS Missing Service Personnel Act of 1995. IN THE HOUSE OF REPRESENTATIVES HON. BERNARD SANDERS I commend the supporters of this bill for their loyalty and devotion to the men and Wednesday, March 6, 1996 OF VERMONT women who wear the uniform of the U.S. IN THE HOUSE OF REPRESENTATIVES Mr. MARKEY. Mr. Speaker, I am introducing Armed Forces. These Vietnam veterans and today the Infectious Agents Control Act of Wednesday, March 6, 1996 family members of those missing and captured 1996, which will address the need to keep in- Mr. SANDERS. Mr. Speaker, on Saturday, in Vietnam have left a legacy of justice and fectious agents that could pose a serious February 10, in signing the National Defense fair treatment for future soldiers who become threat to the public health and safety out of Authorization Act for Fiscal Year 1996, the missing while fighting to defend our country the hands of dangerous people while ensuring President signed into law the Missing Service and our freedom. that these substances remain available to sci- Personnel Act of 1995, which had been incor- f entists with a legitimate research need for porated into the authorization bill. The pas- THE ABORTION PROVISION IN THE them. sage of the provisions of the Missing Service TELECOMMUNICATION BILL By now, most of Members of this body have Personnel Act is a significant milestone for probably read news reports about Larry veterans and for the families of our MIA's, and Wayne Harris, the Ohio white-supremacist I rise today to give credit to some of the peo- HON. CORRINE BROWN who ordered bubonic plague through the mail OF FLORIDA ple, including some of my fellow Vermonters, last summer. It is frightening to think that just IN THE HOUSE OF REPRESENTATIVES who worked hard for the passage of these about anybody with a 32-cent stamp and a lit- provisions. Wednesday, March 6, 1996 tle chutzpah could get a hold of any number Their dedication, commitment, and persist- Ms. BROWN of Florida. Mr. Speaker, the of potentially dangerous infectious substances. ence in the face of overwhelming odds has fi- telecommunications bill has been signed into The Ohio case may be an isolated incident or March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 295 it may not beÐwe really don't know. Why? access to those infectious agents that could Grenfell, has stated: ``The U.S. is already in Because the Federal Government has no sys- pose the greatest threat to public health if they recession,'' ``even though we haven't had two tem in place today to regulate the transfer of fell into the wrong hands. It is my understand- straight quarters of negative growth in gross these agents within the United States. I think ing that a working group including representa- domestic product.'' He believes that GDP will that's a situation that needs to be corrected, tives of CDC, the Department of Justice, and shrink at a 1.5 percent annual rate during the and I am introducing legislation today to do other relevant Federal agencies already has first half of 1996. How did he draw this conclu- so. begun to develop such a regime. My bill would sion? Since the Commodity Research Bu- Why worry about the flow of potentially dan- ensure that that work is completed and the reau's price index of raw industrial materials gerous infectious agents within our borders? system is in place within 1 year of its enact- fell 6 percent for the 12 months in January, Let me read you a few lines from an article on ment. I am pleased to be joined in this effort this was the signal that led him to make this the threat posed by these agents when they by Budget Chairman JOHN KASICH and Rep- conclusion. are converted into biological weapons, written resentative JOSEPH P. KENNEDY II. Let's be clear about one very important fact. by U.S. Navy Commander Stephen Rose for I am hopeful that this legislation will be In the third quarter of 1992, the economy grew the Naval War College Review. Cmdr. Rose given the swift attention that the issue it ad- 5.8 percentÐthe Commerce Department an- writes that: dresses demands in the House, and that the nounced this number after the 1992 election. Science can now reshuffle the genetic deck Senate will take up similar legislation soon. President Bush tried in vain to get this mes- of micro-organisms to produce a theoreti- f sage across but neither the press nor the cally unlimited number of combinations, media seemed the least bit interested. Why each with its own unique blend of toxicity, NATION’S TRUE ECONOMIC give the American public the facts? For the hardness, incubation period, etc. In short, it PICTURE record, the growth rate for the fourth quarter is becoming possible to synthesize biological agents to military specifications. Thus, the was an outstanding 8.6 percent. So, President world lies on the threshold of a dangerous HON. CLIFF STEARNS Clinton could claim that under his administra- era of designer bugs as well as designer OF FLORIDA tion the average annual rate of growth was 2.5 drugs. IN THE HOUSE OF REPRESENTATIVES percent since 1993. Let's examine what happened in 1995, the Biological weapons have been called the Wednesday, March 6, 1996 poor man's atomic bomb. They are relatively first year President Clinton's economic policies cheap to produce, and you get an appallingly Mr. STEARNS. Mr. Speaker, who said this? were fully in effect. Growth that year was a big bang for your buck. In fact, experts report ``Washington has abandoned working families. dismal 1.4 percent. How does this compare to that some of the supertoxins that have been Millions of Americans are running harder and other administrations? From 1982 to 1989, the average rate of growth was 3.9 percent. Dur- developed in recent years are ten thousand harder just to stay in place. Wages are flat ing that same period the annual median family times more potent than the nerve gases we ** *'' income rose about 2 percent yearly. How does are more accustomed to, which have been de- On February 20, 1996 the Labor Depart- the Clinton administration compare with the scribed as mere perfume in comparison to ment released its employment cost index, Reagan administration? Unfortunately, for all some of their biological competitors. The Of- showing the smallest gain in wages and bene- fits since the Government began keeping sta- of us the family income has only risen 0.25 fice of Technology Assessment reports that percent per annum. some 15 nations, including Libya, North tistics in 1982. A far more disturbing figure was given about You might say to yourself that all might be Korea, and Iraq, are suspected of having bio- true but President Clinton fulfilled his promise logical weapons development programs. the median family income. Under Ronald Rea- gan's watch, 1982±89, real income increased and created almost 8 million new jobs. OK, Clearly, the potential of biological weapons let's take a look at his claim. The Bureau of an average of 2 percent annually. President to rain devastation down upon their victims Labor Statistics backs up the President's num- Clinton declared in his 1996 State of the should give those charged with preventing bers. He has lived up to his promise and cre- Union ``Our economy is the healthiest it has international terrorist attacks on our Nation ated 7.5 million new jobs since taking office in been in three decades.'' cause for serious concern. However, the les- January 1993. What is deceptive about these How does the current rate of recovery com- son we learned from the tragedy at Oklahoma numbers is that the Bureau of Labor Statistics pare to other periods of recovery over the past City is that we cannot be satisfied to only look counts people, not the number of hours they 35 years? In 1961 through 1969 the increased outward for terrorist threats. We must also be work. For instance, two 20 hour per week vigilant against home-grown threats from para- real gross domestic product was 23.5 percent part-timers are counted as two jobs. If you military groups within our borders, which could from the low point of the recession. The 1975± look at the number of hours worked, then only use biological or chemical weapons against 80 figure increased by 20 percent. The 1982± 758,000 new jobs have been created annually their fellow Americans to further their radical 90 recovery saw an increase of 17.9 percent. since 1993. anti-government agendas. I wonder how President Clinton could make The Wall Street Journal reported on January On the morning of March 20, 1995, the Jap- such a claim about the state of our Nation's 24, 1996 that during a Democrat focus group, anese Government was faced with just such a economy since the recovery from the reces- a pollster announced that thanks to Clinton 8 situation. A home-grown Armageddon-group sion in March 1991 has only been 13.1 per- million new jobs had been created. At that called Aum Shinrikyo released sarin gasÐa cent so far. point, one woman yelled out: ``Yeah, I know, deadly nerve agent that is 500 times more A major factor in the 1992 Presidential elec- I have three of them.'' This response rein- toxic than cyanide gasÐin the Tokyo subway tion was the economy. ``It's the economy, stu- forces what the Bureau of Labor Statistics system, killing 12 people and injuring thou- pid'' was the hue and cry of the Clinton cam- found during its review of the number and sands more. According to a staff report on the paign. Just as President Bush was reminded types of jobs that were actually created under incident prepared by the Senate Permanent over and over again during the 1992 cam- the Clinton administration. Subcommittee on Investigations, the Aum sect paign about the promise he made: ``Read my It has become very apparent, especially in had its own chemical weapons manufacturing lips, no new taxes.'' President Clinton may the last few months, that people are feeling in- plant, for the production of sarin gas, and was also come to realize just how salty his words secure and anxious. Many have expressed the trying to develop biological weapons, including may become. No doubt he will be haunted by fear that if they lose their job they will not be botulism and anthrax. To get a sense of power ``it's the economy, stupid'' during his campaign able to find a new job that will provide them of those weapons, consider this: 3 billionths of for reelection. President Bush took his lickings with the salary that will allow them to have the an ounce of botulism toxin would be enough about his tax promise; President Clinton will same standard of living. What has caused to kill me. be subjected to the same standard of scrutiny American workers to think this way? There are Incidentally, the staff report concluded that and criticism. After all, he did run on improving several factors which account for this negative the Aum sect was ``a clear danger to not only the economy. He stated that he believed outlook. Corporate downsizing has had the the Japanese Government but also to the se- America should come first. That he would greatest impact upon middle managers. The curity interests of the United States,'' which make the U.S. economy vibrant and he would statistics bear out the fact that many of these was the target of much of the Aum leader's be known for his domestic policy, not just his people trying to reenter the market must ac- rhetoric. foreign policy. He said America will come first. cept lower pay. Between 1990 and 1992, on In an effort to reduce the risk of a similar at- Well here we are 4 years later. Guess average, these workers were forced to take a tack in the United States, I am introducing leg- what? The economy does not seem to be im- pay cut of 20 percent. You might find it hard islation directing the Centers for Disease Con- proving, rather it is stagnating. Edward to believe but the median income is less now trol to develop a regulatory regime to control Yardeni, chief economist at Deutsche Morgan than it was in 1986. E 296 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 There is compelling evidence to show that U.S. House of Representatives join me in COMMEMORATING BLACK HISTORY reaching middle class earnings has been on mourning the passage of Walter W. Krueger, MONTH the decline since 1980. According to the Uni- a man of both vision and action. Having SPEECH OF versity of Michigan's Panel Study on Dynam- served this Nation for so long, Walter Krueger ics, which has tracked the same families since understood the problems of our noncommis- HON. NICK J. RAHALL II 1968, they found that 65 percent of white sioned officers. So after his service to this Na- OF WEST VIRGINIA American men who turned 21 before 1980 tion was over, at a time when many hang up IN THE HOUSE OF REPRESENTATIVES were earning middle class wagesÐtwice the poverty levelÐby the age of 30. By compari- their uniforms, salute the flag, and retire, Wal- Wednesday, February 28, 1996 son, only 47 percent of those who reached the ter Krueger went to work for the noncommis- Mr. RAHALL. Mr. Speaker, I am as proud age of 21 after 1980 were able to reach this sioned officers of this Nation. And when Wal- as a father today, to have this opportunity to same level of earning power. Blacks do not ter Krueger went to work, good things hap- pay tribute to Vicky L. Bandy, of Beckley, WV, fare half as well, reaching 29 and 19 percent, pened. during Black History Month. For more than a respectively. Mr. Krueger served this Nation honorably in decade, Ms. Bandy served as my executive Since there are more people without a col- the U.S. Army for 33 years. When he retired, assistant here in Washington, and Ms. Bandy lege education than people with the benefit of he was serving as Command Sergeant Major was ever as loyal and dedicated as she was a higher education, these workers tend to be a professional, at all times and in all situa- of the U.S. Army, Europe [ASAREUR]. He far more insecure and anxious. tions. I knew that I could depend upon her in Education can be an influential factor as to served this Nation all over the world, including all things. how successful an individual will be in secur- assignments in Panama, Korea, Europe and Mr. Speaker, on February 24, 1996, Ms. ing a well-paid job. Education is becoming a Vietnam. During his long and very honorable Bandy gave a speech at the Beckley Federal much more important factor in finding good job career, he earned the Combat Infantryman's Correctional Institution's Black Affairs Banquet, opportunities than ever before. As a result, the Badge and the Distinguished Service Medal. as part of its celebration of Black History gap in income distribution is increasing, and While still serving this Nation in Europe, Mr. Month. this is adding to blue collar anxiety. Krueger was appointed to the board of direc- I am privileged to place in the RECORD at We must find ways to encourage our work- this point, Ms. Bandy's stirring words as she tors of the Noncommissioned Officers Asso- ers to get the necessary jobs skills to compete encouraged and surely inspired her sisters as in this high tech global economy. We must ciation. Upon retirement, he was elected vice she spoke eloquently about their theme: Afri- also find a way to provide this training to re- president of the association. A year later, he can-American Women: Past, Present and Fu- train our workers. became president. ture. Mr. Speaker, I commend Ms. Bandy's re- We must expand our technological base Walter Krueger's accomplishment as presi- marks to my colleagues for their reading and and find creative and innovative methods to dent of the association are legendary. The Or- their remembrance. create new industries. In the past, we have ganization received a Federal Charter from AFRICAN-AMERICAN WOMEN: PAST, PRESENT been able to transfer a worker's knowledge this U.S. Congress. The association began its AND FUTURE and ability into learning new skills to allow (By Vicky L. Bandy) them to participate in a new job market. A medical trust, which awards funds each year to military families who need the assistance. It ‘‘Stony the road we trod, bitter the chasten- good example of this is when Henry Ford cre- ing rod, felt in the days when hope un- ated the automobile and displaced the horse significantly raised the funding for and number born had died.’’ and buggy trade. of scholarships awarded to deserving young Today, we gather 370 years after the first What happened is a lesson that we should people. The NCOA operation appreciation pro- African American landed at Jamestown, Vir- all try to emulate. These same workers started gram raised funds for equipment to be used ginia, 133 years after the signing of the working in the Ford factories that had dis- by veterans in hospitals. Under his leadership, Emancipation Proclamation, and 31 years placed them. The telecommunications bill the organization began the NCOA national de- after the Enactment of the Voting Rights Act of 1965, which gave African Americans passed by Congress and signed into law by fense foundation, which works to ensure that the President will provide the same type of op- power at the Ballot Box. active duty military enjoy their full right to par- portunities by creating millions of new jobs. Last October, the African American Com- So far, President Clinton hasn't delivered. If ticipate in the democracy which they defend. munity pledged itself to pursue a bold new course with the success of the Million Man we balance the budget, we will be well on our Mr. Krueger received every award offered by the association, as is fitting for a man who led March. way to jump starting. The success of the effort is still being felt. Why is a 7-year balanced budget so impor- this organization so well and for so long, a But today, ladies, it is our turn. The Theme tant? Many leading economists believe that a man who fought for the rights and benefits for the 1996 observance of Black History balanced budget would result in a drop in in- due our noncommissioned officers, and who Month is: African American Women: Past, terest rates of up to 2 percent. For a 30-year, took every opportunity to honor and fight for Present and Future. As I thought about what I would say, I $75,000 mortgage, that's $37,000 saved over our veterans. the life of the loan. Americans will have more thought about how far we as African Ameri- cans have come. I thought of the stories that take home pay because our budget includes a I respectfully ask that this U.S. House of Representatives note the passage of this sin- were told to me by my Grandmother, Ella $500 per child tax credit. We also have true Bandy. I recall stories about how this Strong welfare reform, which is a No. 1 priority for gular and distinguished American, and that we Black Woman worked hard in the fields of most Americans. send our deepest condolences to Walter Alabama. She would leave her babies in a f Krueger's wife, Betty Krueger, to his mother, wagon under a shade tree, while she worked Ruth Droes, to his five daughters, Kathy the long rows of the fields. At the end of TRIBUTE TO WALTER W. Logan, Karen Pagel, Judy Shaw, Pam Salada, each row, she would run back to check on KRUEGER, A DISTINGUISHED her babies. Grandmama was a strong African AMERICAN WHO SERVED IN and Patty Krueger, to his eight grandchildren, American Woman. She never gave up, she WORLD WAR II AND FOUGHT and to both his sisters. Walter Krueger was a was a woman of principle; and she never gave FOR VETERANS’ RIGHTS strong family man, who loved this Nation and in. Grandmama’s hands, hard and calloused all that it stands for, who served all of the citi- from toiling in the hot Alabama Sun, so that her children and grandchildren could have a HON. FRANK TEJEDA zens of this country, first as a member of our better way of life. OF TEXAS armed services and then as an unparalleled Earlier this week, I witnessed the Swear- ing-In ceremony of Congressman Kweisi IN THE HOUSE OF REPRESENTATIVES advocate for our veterans. I am proud to call him my friend, and I am proud to ask that the Mfume, as President and CEO of the NAACP, Wednesday, March 6, 1996 House of Representatives of the Nation he an event that was attended by a very small Mr. TEJEDA. Mr. Speaker, I rise today to but elite group of people, among them being loved so much take a moment to return to him the President and Vice President of the Unit- pay tribute to the memory of an American sol- a little of the honor and respect he showed us ed States. I reflected back to the point in dier, a man who dedicated his life to the de- throughout his life. time when I would ride in the car with my fense of the freedoms that we enjoy and to grandfather on election day—a day that I the veterans who paid for those freedoms with equated to Thomas ‘n Joyland carnival com- their sacrifice. I respectfully request that the ing to town. March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 297 Grand daddy’s car windows held many beat, have not our weary feet, come to the stituents, from American taxpayers who are campaign signs belonging to various politi- place for which our fathers signed? African disturbed by the large number of illegal cians, seeking a vote in the Black commu- American women; past, present, and future. aliens entering the country, to immigrants nity. I suppose it never occurred to Grand Poet Maya Angelou sums it up by saying: who complain about long lines and insensi- daddy that his granddaughter would grow up ‘‘You may write me down in history, with tive treatment at INS offices. to become a part of the Political Process. He your bitter twisted lies. You may trod me in One of Jenifer’s first management deci- did not know that he was molding me for a the very dirt, but still, like dust, I’ll rise’’. sions was to improve the atmosphere by in- successful career with your Congressman We will rise. African American women, past, stalling brighter lights in the crowded wait- Nick J. Rahall. Well, Grand daddy did not present, and future. ing room. She is considering hiring a cus- live to see the end results of the many rides f tomer-service representative to handle com- we shared on Election Day, but I will always plaints generated by the 48 million people be grateful to him. For I did not meet the TRIBUTE TO CAROL JENIFER who pass through INS checkpoints in her ju- normal standards. Ladies and Gentlemen, risdiction each year, including the Detroit- you see, I never attended an Ivy League Windsor Tunnel, the Ambassador Bridge and school. I was educated in a four room school- HON. JOHN CONYERS, JR. Detroit Metropolitan Airport. She is also de- house. My parents were not politically con- OF MICHIGAN termined to hire an inspector who is fluent nected, nor did they contribute to a cam- IN THE HOUSE OF REPRESENTATIVES in Arabic because her client base is 50 per- paign committee. The one thing that they Wednesday, March 6, 1996 cent Middle Eastern and no one in the office did, was to teach me how to seize an oppor- is fluent in that language. tunity. Mr. CONYERS. Mr. Speaker, given that we Jenifer has made it a point to get to know That same lesson is equally important are so frequently confronted with the troubles the names—and personal details—of the 254 today. Too many of us today let opportunity and the travails of the Immigration and Natu- employees and one drug-sniffing dog who pass us by, because we look for it in a pretty ralization Service, I would like to have the fol- work with her in patrolling eight ports of entry along 804 miles of water boundary be- package, delivered to our doors by Federal lowing uplifting article from the May 1995 Express or priority Mail. Often times, when tween the United States and Canada. we do seize the opportunity, we take all of issue of Management Review inserted into the So far, one of Jenfier’s ‘‘employee’’ rela- the credit and forget that the way was paved RECORD. The article, by Anita Lienert, profiles tions challenges has been communicating by someone else, who labored and toiled in Carol Jenifer, the first African-American with the German shepherd: Gitta only re- the fields from sun up to sun down. woman to manage day-to-day operations in an sponds to commands in German. Even so, ‘‘Stony the road we trod, bitter the chas- INS district office. Ms. Jenifer is the District Di- Jenifer still knows how to work a room— tening rod’’. I’ve got mine and you get yours, whether it’s full of customers or employees— rector of the INS district office at the United in a charismatic style reminiscent of Ronald never offering to lend a hand to help an- States-Canada border located in my home- other. Well, I heard the songwriter say ‘‘The Reagan. She stops often to ask about sick only time you should look down on a man, is town of Detroit, MI. I hope and expect that the wives or new husbands. But don’t confuse her when you are picking him up’’. Imagine Har- INS will continue to attract and promote indi- familiarity and warm-and-fuzzy approach riet Tubman, Conductor of the Underground viduals of Ms. Jenifer's caliber. with wimpiness. In reality, her management Railroad, not reaching back, after seizing Carol Jenifer does not look like a huggable style is much closer to the tenets of Tough the opportunity to become a freed slave. person. She wears her hair in a Marine Love. After all, her office deported 1,249 people in Where would we be had it not been for So- Corps-style buzz cut and shuns makeup and 1994. And shortly after the heartwarming journer Truth, who traveled the country to jewelry. Although she’s six feet tall, she scene with the Haidous family, Jenifer proclaim to others the truth about slavery. seems even taller, carrying herself with a stands firm on a $15,000 bond set by her dep- Would we be able to sit in any seat on a bus military bearing that reflects her years as a uty director earlier in the afternoon on a today, had it not been for Rosa Parks, who police officer in Washington, D.C. She car- Jordanian immigrant whose wife had blurted refused to give up her seat in the front of the ries a gold badge that says ‘‘District Direc- out during his naturalization interview that bus, when Coloreds were not allowed to ride tor’’ and has just ordered a Glock handgun to she had been ‘‘paid to marry him.’’ He also keep in her desk. To get inside her office at in the front. had prior felony convictions and there was African American women; past, present, the U.S.-Canada border in Detroit, you need an outstanding warrant for his arrest. and future. What about Dr. Mae Jamison, to get by a metal detector and armed em- But to get a real feel for Jenifer, you need first African American female Astronaut? ployees. to see her in action at 7:30 a.m., as a single What about Elizabeth Drewey, first African So when one of her clients leaps out of a parent in Detroit getting her two daughters, American Woman elected to the West Vir- seat in the waiting room at the Detroit Eboni and Kia, both 13, off to school, Jenifer ginia House of Delegates? What about Carol branch of the U.S. Immigration and Natu- skips breakfast and barks orders like ‘‘Kia, Moseley Braun, the first female African ralization Service and gives Jenifer a big did you finish those dishes?’’ and ‘‘Eboni, American U.S. Senator, and my boss, Hazel hug, it seems somewhat out of place. give me that assignment notebook to sign.’’ R. O’Leary, the first African American and ‘‘Oh, Miss Jenifer,’’ says Chadia Haidous, a While her girls scurry around, Jenifer female African American to become Sec- Lebanese immigrant ‘‘I just got sworn in straightens her simple black dress, snaps on retary of the U.S. Department of Energy, one today! I’m an American citizen! And now I a beeper and bundles up in a coat and scarf, who has opened many doors to expose Minor- don’t have to worry about my daughter.’’ stopping only to grab her ever-present black ity Students to the world of Science. What Jenifer, 45, the first African-American leather organizer. about your mother and my mother, strong woman to manage day-to-day operations at Outside, it’s 20 degrees and still dark, with and courageous African American Women, one of the 33 INS district offices in the Unit- a light snowfall. Sounding like a typical who made tremendous sacrifices and stood ed States, hugs her back and rejoices with mother, Jenifer grumbles that she can’t get firm, despite the obstacles they faced—de- the Haidous family. the girls to wear their ski caps to school and spite society’s denial; despite low paying Moments later, loping up the back steps to that they keep pestering her to buy a dog. jobs; despite prejudice and racism—women her office that overlooks the Detroit River, ‘‘When I applied for the job a year ago, I who because of their determination, paved Jenifer explains that little Alica Haidous, 11, told my supervisors that the girls were a the way for you and me. who was born in Senegal, could have faced huge part of my life,’’ Jenifer says in the car ‘‘We have come over a way that with tears deportation because her mother was not a on the way to work. ‘‘I told them I would has been watered, we have come treading our U.S. citizen. have to limit travel because I attend games, path thru the blood of the slaughtered.’’ But, ‘‘The family was afraid the daughter would go to parent conferences and pick them up I would ask you today, what profit a person have to go back to Senegal unescorted,’’ after school. It didn’t seem to hurt, because to gain, if he or she does not reach back to Jenifer explains. ‘‘I could have stuck to the I think they wanted someone who could hu- help another? Now that we have arrived, book, but why? I made a heart decision and manize the office.’’ what are we doing to ensure that we will I made it in the name of family unity. I At work, her office is decorated with strik- have famous African American Women in could have sent her back and had them peti- ing paintings of ‘‘buffalo soldiers’’—the all- the future? tion for her, but I didn’t. And now it won’t black cavalry who fought and resettled the There are young women in our own neigh- happen because we don’t treat our citizens West. Jenifer explains that since taking the borhoods who need to know that there is a like that.’’ job last spring, she has been worried about way off of Welfare and on to Faring Well. Jenifer, who oversees a hectic operation every little detail, including whether or not Each of you today has a Special Gift to give with a $14 million annual budget, considers she should have hung the artwork. back, so that others can realize their herself one of the new breed of INS man- ‘‘I almost took the pictures down,’’ she dreams, their hopes, their goals. I challenge agers. While the southern border with Mex- says. ‘‘I didn’t want to overwhelm people you to stir up your gifts, to lift up somebody, ico draws most of the media attention, INS who couldn’t relate to something like that. to respect each other, to love yourself and to officials say the northern border has its But after I thought about it, I realized I never stop striving to reach for your goals, share of illegal immigrants—they just don’t needed those men (in the pictures) to watch never give up—don’t give in. talk about how many. my back. Management has some pitfalls.’’ We are African American women, march- Therefore, it’s her mission to walk a tight- In private, Jenifer admits that ‘‘being a ing on till victory is won. Yet with a steady rope to satisfy a number of different con- tall, black female has had its problems.’’ E 298 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 Testifying before a congressional commit- work contesting deportations or apply for At the bridge at noon, Jenifer is still ob- tee last fall on equal employment oppor- green cards. Although she speaks English sessed with signage. She tells Norman tunity protection and employment practices only, she communicates well, sometimes Byron, port director for the bridge, that at the INS, she described the low points of with gestures or hand-holding or by repeat- she’s worried that people won’t be able to see her career, beginning with her job interview ing phrases over and over. the express lane signs at night. He assures 12 years ago for an INS analyst position. Today, about 75 people are assembled by her that they will be well-lit. ‘‘The interviewer seemed more surprised 9:30 a.m., under disconcerting signs that say The two tour a trailer-type office set up at that I was articulate and a product of the things like Fingerprinting—Now Serving the foot of the bridge to accommodate the D.C. public school system than in other #823. Jenifer later explains that the signs new program and staff. Jenifer checks out qualifying factors,’’ Jenifer told the commit- record the number of people from January 1 every closet and toilet and pushes back part tee. ‘‘It was quite obvious that I did not fit to the present. Still, the signs just seems to of the wall paneling that has bowed out. She whatever image this manager had regarding magnify the ‘‘Waiting for Godot’’ atmos- nearly slips coming down the steps in the African-Americans. He later remarked that phere in the room. The Detroit office serves snow and asks when skid strips will be put one day I would be his ‘boss’ . . . There re- about 350 people a day and conducts about in. mains a perception that my advancement 1,300 naturalization interviews a month. ‘‘The skid strip for steps costs $3,000 a was due to connections and not based on Jenifer doesn’t identify herself, but roll,’’ Byron says. ‘‘Some things we can’t do merit.’’ plunges into the crowd, smiling and joking. until the weather gets warmer.’’ She says she had to struggle for every pro- ‘‘Where are you from?’’ she asks one man. Back in Byron’s office, Jenifer banters motion at the federal agency, at one point ‘‘Nigeria,’’ he replies tersely. with several INS agents and asks for their hiring an attorney to present her concerns ‘‘What part?’’ Jenifer continues. recommendations on good places to eat near- ‘‘Africa,’’ he says. by. They direct her to a restaurant in De- about lack of advancement to INS personnel ‘‘I know it’s Africa, silly,’’ she chides him, troit’s nearby Mexican Village that looks officials. laughing. ‘‘I’ve been there. What part?’’ Despite those early challenges, Jenifer By this time, the man and his companions like a dive, but turns out to have decent says the transition to her new $88,000-a-year are smiling. Everyone in the room is staring. food. position has been relatively smooth, due in ‘‘Lagos,’’ he says. ‘‘Have you been there?’’ Jenifer orders the quesadillas and chicken part to her long INS experience that ranges She has been accused of working the enchiladas and ends up taking home a doggie from working as an officer in the detention- crowd, but ‘‘this is some of the most impor- bag of most of the food for her kids. ‘‘I’m a and-deportation branch to holding the post tant work I do,’’ she explains afterward. ‘‘I horrendous cook, so I love leftovers,’’ She of second-in-command in Detroit before she got a real feel for front-line work when I admits. got the director’s job. Her boss, Carol worked for the INS processing refugees in By 1 p.m., she’s on her way to Detroit’s Chasse, INS eastern region director, de- Kenya a couple of years ago. It sure gives Metro airport to check on a request for more scribes Jenifer as ‘‘a shining star.’’ you a different perspective on naturaliza- INS inspectors to accommodate a 60 percent ‘‘She’s got it,’’ Chasse says. ‘‘She’s a prac- tion. It makes you realize that these are peo- increase in international passengers since titioner of good human relations. Leadership ples’ lives you’re making decisions about.’’ 1993 due to airline mergers. It’s a 45-minute in the ’90s is about people skills and that’s Back in her office around 10:15 a.m., drive to the airport, and on the way she critical here because we deal with huge vol- Jenifer sucks on another hard candy and talks about the mundane, yet important is- umes of people.’’ meets with Harold Carter, an INS examiner sues that face single parents, such as getting Although Jenifer grew up in Washington, who chairs a committee representing minori- the laundry done and whether it’s wise to D.C., she never dreamed of working for the ties in the Detroit district. hire a housekeeper. INS. The daughter of a bookbinder at the ‘‘Come on Harold, get comfortable,’’ Stuck in rush-hour traffic with Jenifer, Federal Bureau of Engraving wanted to be a Jenifer coos as she scrabbles around on her you find yourself sharing the problems of firefighter. ‘‘But back in those days, women desk looking for a pen. After Carter settles raising teenagers and getting along with didn’t get to be firefighters,’’ she says. ‘‘I into a chair, she launches into her concerns: men. She seems more like an old friend by had to settle for police work.’’ Her time on ‘‘There are no Hispanics in investigations mid-afternoon than an interview subject. the D.C. force included a stint undercover on . . . We don’t have any representative [mi- But then, her staff has warned you that the prostitution detail. nority] groups at Sault Ste. Marie. We have Jenifer often ‘‘pulls an Oprah,’’ or gets peo- Jenifer later earned two master’s degrees, to show we’ve tried to reach parity. Can we ple to tell all unwittingly. one in counseling from the University of the get people to work up there? At the INS section of the airport, Michael District of Columbia and one in public ad- Carter laughs, noting it’s pretty cold at Freeman, the supervisory immigration in- ministration for Southeastern University. the Soo, which is an INS port-of-entry lo- spector at the airport, prints up a computer She said the degrees helped her develop the cated in Michigan’s Upper Peninsula. But list of how passengers have increased on each discipline to manage efficiently. they get serious again quickly. After all, airline since 1989. Jenifer studies the print- The first order of almost ever day is meet- there is a class-action suit in Los Angeles out and tells him she’ll consider hiring 10 or ing with her top managers. Six out of seven about lack of advancement among black INS 11 new inspectors to ease the crunch. Jenifer of Jenifer’s managers are women, which is officers. asks Freeman if he’s lost weight. It’s clear notable considering there are no female bor- After the meeting, she’s off to the Detroit- Freeman’s busting to tell her something else der patrol chiefs in the United States and Windsor Tunnel, which runs underneath the and he finally does. there are only two female district directors. Detroit River, but first stops to order Girl ‘‘I just found out my wife is having a On the day of the interview, Jenifer seems to Scout cookies from a coworker. ‘‘I should baby,’’ he says. They chat about children and be running later for her daily briefing, until have ordered more,’’ she muses. ‘‘My kids health concerns. If Jenifer ever tires of the she explains that she sets her office clock 15 know I hide them under my bed.’’ INS, she could probably have her own talk minutes fast on purpose. She grabs a piece of Jenifer needs to see how work is progress- show. hard candy from the jar on her desk and ing at the tunnel and Detroit’s Ambassador She makes it a point to shake hands with heads out right on time. Bridge—the largest commercial-vehicle or speak to all 12 of the INS inspectors on The meeting is fast-paced and informal, entry port in the United States—on the duty that afternoon before heading back to and covers topics ranging from the need for ‘‘Portpass’’ program. Portpass allows pre- her office. The new hires, whose desks are air fresheners in the office bathrooms to a qualified drivers to use express lanes, which piled with books like The Art of Cross-Exam- video for employees about avoiding sexual will speed up the flow of traffic. ination, stiffen when Jenifer walks in the harassment. Jenifer insists that her man- ‘‘Traffic can be my worst nightmare,’’ room. But within minutes they are relaxed. agers keep their remarks to a minimum, and Jenifer says. ‘‘We have a federal mandate to Back at the office, Jenifer goes through they give their daily reports in a sort of get people inspected here in less than 20 min- the paperwork that has sprouted on her desk verbal shorthand that takes a total of 21 utes—and we have to keep it moving or the over the last few hours. Her secretary puts minutes. complaints start backing up.’’ The INS in- the most urgent notes on her chair. There ‘‘E-mail is negative,’’ begins administra- spects people crossing the border, while U.S. are employee identification cards to sign, a tive officer Judy McCormack. Customs agents inspect things, but the two quarterly meeting with immigration lawyers ‘‘No arrests yesterday,’’ pipes up James cross-train and work together. To the public, to arrange and an application for a bowling Wellman, acting assistant district director they are virtually indistinguishable. tournament with the heads of other federal for investigations. Touring the new tunnel Portpass office, agencies in Detroit, from the Secret Service The issue of bathroom air fresheners Jenifer is complimentary about the to the FBI. prompts some discussion. ‘‘I don’t care what countertops that will separate staff and cus- ‘‘Oh,’’ Jenifer groans, ‘‘I need a coach to you get, as long as we get them in there,’’ tomers. ‘‘Good,’’ she notes, ‘‘I like them wide help me bowl better. I bowled an 80 last time she says to her staff, slightly annoyed after so nobody can reach across and grab our peo- and have yet to live down the shame.’’ being questioned about what type should be ple.’’ By 4:45 p.m., Jenifer is walking out the ordered. She’s less sanguine, however, about the door to pick up the girls. They are waiting Jenifer is anxious to end the meeting and Portpass signs in the traffic lanes at the tun- for her in the school library, complaining get down into the public waiting room for nel. ‘‘The signs are too little,’’ she com- about their eight-grade class pictures. her daily ‘‘walkaround’’ with people who are plains. ‘‘I don’t know if people will be able to Jenifer studies the photos as closely as here to take citizenships tests, file paper- see them.’’ she’s looked at any paperwork today. ‘‘Yes, March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 299 I’m keeping these for blackmail purposes,’’ eral mandateÐthe status quo will continue Relations are working cooperatively to es- she says. The three of them burst out laugh- and Puerto Rico will remain a locally self-gov- tablish an official record which we believe ing. erning unincorporated territory under congres- will enable to House to address the subject- By 5:15 p.m., the INS manager who insists matter of Concurrent Resolution 62, adopted that ‘‘fair management and families’’ are the sional administration. by the Legislature of Puerto Rico on Decem- cornerstones of her personal and professional Under the U.S. Constitution and applicable ber 14, 1994. While the specific measures ad- life, is walking in the side door of her house principles of international law, the three recog- dressing Puerto Rico’s status which the 104th holding the leftover chicken enchiladas in nized options for full self-government are inde- Congress will consider are still being devel- her free hand. pendence, separate sovereignty in free asso- oped, we believe the history of the self-deter- f ciation with the United States, and full integra- mination process in Puerto Rico, as well as tion into the United States leading to state- the record of the Joint Hearing conducted on UNITED STATES-PUERTO RICO hood. In order for Congress to determine how October 17, 1995 by the Subcommittee on Na- POLITICAL STATUS ACT tive American and Insular Affairs and the to respond to the aspirations of the people of Subcommittee on Western Hemisphere, lead Puerto Rico regarding a permanent, future po- to the following conclusions with respect to HON. DON YOUNG litical status in a manner which promotes and the plebiscite conducted in Pertro Rico on OF ALASKA preserves the U.S. long-term national interest, November 14, 1993: IN THE HOUSE OF REPRESENTATIVES we need to address the status question based 1. The plebiscite was conducted under local on clearly defined principles and standards. law by local authorities, and the voting proc- Wednesday, March 6, 1996 ess appears to have been orderly and consist- This is precisely what the bill does. ent with recognized standards for lawful and Mr. YOUNG of Alaska. Mr. Speaker, today, Locally conducted plebiscites have been in- the introduction of the United States-Puerto democratic elections. This locally organized conclusive, and were unduly influenced by self-determination process was undertaken Rico Political Status Act will, for the first time vested interests exploiting the status quo. It is within the authority of the constitutional in nearly a century of U.S. administration, pro- time for the U.S. Congress to meet its respon- government of Puerto Rico, and is consistent vide a congressionally recognized framework sibility under the Constitution to provide for a with the right of the people of Puerto Rico for the inhabitants of Puerto Rico to freely ex- self-determination procedure in which the U.S. freely to express their wishes regarding their press their wishes regarding the options for national interest in resolving the status issue is political status and the form of government full self-government. I want to acknowledge under which they live. The United States taken into account, rather than allowing the recognizes the right of the people of Puerto the insightful leadership of Speaker NEWT issue to be dominated by local political rival- Rico to self-determination, including the GINGRICH in working with the committee to for- ries and interference from those who thrive right to approve any permanent political mulate a process to advance the United opportunistically on the present territorial sta- status which will be established upon termi- States-Puerto Rico relationship toward a con- tus. The United States also has a right of self- nation of the current unincorporated terri- clusive one of full self-government. A number determination and this process requires action tory status. Congress will take cognizance of of Members have been supportive and instru- by both the United States and Puerto Rico in the 1993 plebiscite results in determining fu- mental in the development of the legislation, ture Federal policy toward Puerto Rico. order to advance toward a full self-government 2. The content of each of the three status including ELTON GALLEGLY, chairman of the relationship. options on the ballot was determined by the Subcommittee on Native American and Insular After 400 years of colonial rule by Spain three major political parties in Puerto Rico Affairs of the Committee on Resources, BEN ended in 1898, it should not have taken an- identified with those options, respectively. GILMAN, chairman of the Committee on Inter- other 100 years of American administration for The U.S. Congress did not adopt a formal po- national Relations, and DAN BURTON, chairman the U.S. Congress to define the options for full sition as to the feasibility of any of the op- of the Subcommittee on the Western Hemi- and permanent self-government. The United tions prior to presentation to the voters. sphere who cochaired with Mr. GALLEGLY the States-Puerto Rico Status Act permits full self- Consequently, the results of the vote nec- essarily must be viewed as a an expression of October 17, 1995, joint hearing on the 1993 government to be realized in Puerto Rico in Puerto Rico status plebiscite. There also has the preferences of those who voted as be- definitive steps, with a smooth transition to tween the proposals and advocacy of the been substantial input from Members on the whatever form of full self-government the peo- three major political parties for the status other side of the aisle. ple choose: independence, separate sov- option espoused by each such party. This matter of tremendous importance to the ereignty in free association with the United 3. None of the status options presented on United States and the nearly 4 million United States, or statehood. the ballot received a majority of the votes States citizens in Puerto Rico can only be re- There is an important event which took cast. While the commonwealth option on the solved by adhering to constitutionally and ballot received a plurality of votes, this re- place recently which is relevant to the intro- sult is difficult to interpret because that op- internationally based principles and standards duction of this legislation. On February 29, for full self-government. While many may mis- tion contained proposals to profoundly 1996, I joined three other House committee change rather than continue the current construe this legislation to be designed to ben- and subcommittee chairmen from the Commit- Commonwealth of Puerto Rico government efit one local Puerto Rico political party over tees on Resources and International Relations structure. Certain elements of the common- another, it is, in fact, a serious bipartisan effort in responding to Concurrent Resolution 62 of wealth option, including permanent union to enact into law a pragmatic process with the the Puerto Rico Legislature. with the United States and guaranteed U.S. long-term objective of resolving the Puerto In the Concurrent Resolution the legislature citizenship, can only be achieved through Rico status dilemma. The legislation divides asks the 104th Congress to respond to the re- full integration into the U.S. leading to statehood. Other elements of the common- the process into three manageable stages sults of the November 14, 1993, status plebi- which follow historical precedent set by the wealth option on the ballot, including a gov- scite in Puerto Rico, wherein the Common- ernment-to-government bilateral pact which Congress in providing for final political wealth ballot proposition received a plurality of cannot be altered, either are not possible or statuses of territories and trust territories dur- 48.6 percent votes cast, and to indicate the could only be partially accomplished ing this century. next steps in resolving Puerto Rico's political through treaty arrangements based on sepa- The first step in the process is the initial de- status. After extensive research, oversight, rate sovereignty. While the statehood and cision stage in which voters are asked which and a joint hearing, a substantial record was independence options are more clearly de- fundamental relationship they prefer with the developed enabling a concise response to fined, neither of these options can be fully understood on the merits, unless viewed in United StatesÐone of separate sovereignty Concurrent Resolution 62. leading to independence or free association or the context of clear Congressional policy re- Following is the text of the response to the garding the terms under which either option under United States sovereignty leading to President of the Senate and Speaker of the could be implemented if approved in a future statehood. House of the Puerto Rico Legislature: plebiscite recognized by the federal govern- The second and final steps are the transi- HOUSE OF REPRESENTATIVES, ment. Thus, there is a need for Congress to tion and implementation stages which follow COMMITTEE ON RESOURCES, define the real options for change and the the historical patterns of enabling and admis- Washington, DC, February 29, 1996. true legal and political nature of the status sion acts for territories becoming States and Hon. ROBERTO REXACH-BENITEZ, quo, so that the people can know what the similar measures for insular areas becoming President of the Senate. actual choices will be in the future. Hon. ZAIDA HERNANDEZ-TORRES, 4. Although there is a history of confusion separate sovereigns. Speaker of the House of Commonwealth of Puer- and ambiguity on the part of some in the If this self-determination process does not to Rico, San Juan, Puerto Rico. U.S. and Puerto Rico regarding the legal and result in voter approval of one of the rcognized DEAR MR. REXACH-BENITEZ AND MS. HER- political nature of the current ‘‘common- options for full self-government, then by demo- NANDEZ-TORRES: The Committee on Re- wealth’’ local government structure and ter- cratic choice of the votersÐinstead of by Fed- sources and the Committee on International ritorial status, it is incontrovertible that E 300 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 Puerto Rico’s present status is that of an un- period in which Puerto Rico remains an un- of Puerto Rico, the approach of a new cen- incorporated territory subject in all respects incorporated territory. tury in which a protracted status debate will to the authority of the United States Con- 7. The alternative to full integration into interfere with Puerto Rico’s economic and gress under the Territorial Clause of the U.S. the United States or a status based on sepa- social development, and the domestic and Constitution. As such, the current status rate sovereignty is continuation of the cur- international interest in determining a path does not provide guaranteed permanent rent unincorporated territory status. In that to full self-government for all territories union or guaranteed citizenship to the inhab- event, the present status quo, including the with a colonial history before the end of this itants of the territory of Puerto Rico, nor Commonwealth of Puerto Rico structure for century. does the current status provide the basis for local self-government, presumably could 9. The record of the October 17, 1995 hear- recognition of a separate Puerto Rican sov- continue for some period of time, until Con- ing referred to above makes it clear that the ereignty or a binding government-to-govern- gress in its discretion otherwise determines realities regarding constitutional, legal and ment status pact. the permanent disposition of the territory of political obstacles to implementing the 5. In light of the foregoing, the results the Puerto Rico and the status of its inhabitants changes required to fulfill the core elements November 14, 1993 vote indicates that it is through the exercise of its authority under of the ‘‘commonwealth’’ option on the ballot the preference of those who cast ballots to the Territorial Clause and the provisions of were not made clear and understandable in change the present impermanent status in the Treaty of Paris. Congress may consider the public discussion and political debate favor of a permanent political status based proposals regarding changes in the current leading up to the vote. Consequently, Con- on full self-government. The only options for local government structure, including those a permanent and fully self-governing status set forth in the ‘‘Definition of Common- gress must determine what steps the Federal are: (1) separate sovereignty and full na- wealth’’ on the 1993 plebiscite ballot. How- government should take in order to help tional independence, (2) separate sovereignty ever, in our view serious consideration of move the self-determination process to the in free association with the United States; proposals for equal treatment for residents next stage, so that the political status aspi- (3) full integration into the United States po- of Puerto Rico under Federal programs will rations of the people can be ascertained litical system ending unincorporated terri- not be provided unless there is an end to cer- through a truly informed vote in which the tory status and leading to statehood. tain exemptions from federal tax laws and wishes of the people are freely expressed 6. Because each ballot option in the 1993 other non-taxation in Puerto Rico, so that within a framework approved by Congress. plebiscite addressed citizenship, we want to individuals and corporations in Puerto Rico Only through such a process will Congress clarify this issue. First, under separate sov- have the same responsibilities and obliga- then have a clear basis for determining and ereignty Puerto Ricans will have their own tions in this regard as the states. Since the resolving the question of Puerto Rico’s fu- nationality and citizenship. The U.S. politi- ‘‘commonwealth’’ option on the 1993 plebi- ture political status in a manner consistent cal status, nationality, and citizenship pro- scite ballot called for ‘‘fiscal autonomy,’’ with the national interest. vided by Congress under statutes implement- which is understood to mean, among other Ultimately, Congress alone can determine ing the Treaty of Paris during the unincor- things, continuation of the current exemp- Federal policy with respect to self-govern- porated territory period will be replaced by tions from federal taxation for the territory, ment and self-determination for the resi- the new Puerto Rican nationhood and citi- this constitutes another major political, dents of Puerto Rico. It will not be possible zenship status that comes with separate sov- legal and economic obstacle to implementing for the local government or the people to ad- ereignty. To prevent hardship or unfairness the changes in Federal law and policy re- vance further in the self-determination proc- in individual cases, the U.S. Congress may quired to fulfill the terms of the ‘‘Definition ess until the U.S. Congress meets its moral determine the requirements for eligible per- of Commonwealth.’’ and governmental responsibility to clarify sons to continue U.S. nationality and citi- 8. In addition, it is important to recognize Federal requirements regarding termination zenship, or be naturalized, and this will be that the existing Commonwealth of Puerto of the present unincorporated territory sta- governed by U.S. law, not Puerto Rican law. Rico structure for local self-government, and tus of Puerto Rico in favor of one of the op- If the voters freely choose separate sov- any other measures which Congress may ap- tions for full self-government. ereignty, only those born in Puerto Rico who prove while Puerto Rico remains an unincor- The results of the locally administered 1993 have acquired U.S. citizenship on some other porated territory, are not unalterable in a vote are useful in this regard, but in our legal basis outside the scope of the Treaty of sense that is constitutionally binding upon a view are not definitive beyond what has been Paris citizenship statutes enacted by Con- future Congress. Any provision, agreement stated above. The question of Puerto Rico’s gress during the territorial period will not be or pact to the contrary is legally unenforce- political status remains open and unre- affected. Thus, the automatic combined able. Thus, the current Federal laws and solved. Puerto Rican and U.S. citizenship described policies applicable to Puerto Rico are not Sincerely, under the definition of independence on the unalterable, nor can they be made unalter- DON YOUNG, 1993 plebiscite ballot was a proposal which is able, and the current status of the inhab- Chairman, Committee misleading and inconsistent with the fun- itants is not irrevocable, as proposed under on Resources. damental principles of separate nationality the ‘‘commonwealth’’ option on the 1993 ELTON GALLEGLY, and non-interference by two sovereign coun- plebiscite ballot. Congress will continue to Chairman, Subcommit- tries in each other’s internal affairs, which respect the principle of self-determination in tee on Native Amer- includes regulation of citizenship. Under its exercise of Territorial Clause powers, but ican and Insular Af- statehood, guaranteed equal U.S. citizenship that authority must be exercised within the fairs. status will become a permanent right. Under framework of the U.S. Constitution and in a BEN GILMAN, the present Commonwealth of Puerto Rico manner deemed by Congress to best serve the Chairman, Committee government structure, the current limited U.S. national interest. In our view, promot- on International Re- U.S. citizenship status and rights will be ing the goal of full self-government for the lations. continued under Federal law enacted under people of Puerto Rico, rather than remaining DAN BURTON, the Territorial Clause and the Treaty of in a separate and unequal status, is in the Chairman, Subcommit- Paris, protected to the extent of partial ap- best interests of the United States. This is tee on the Western plication of the U.S. Constitution during the particularly true due to the large population Hemisphere. March 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 301 SENATE COMMITTEE MEETINGS 1997 for the Department of Defense, and Officers Association, and the Blinded Title IV of Senate Resolution 4, the future years defense plan. Veterans Association. SR–222 agreed to by the Senate on February 4, 345 Cannon Building 10:00 a.m. 2:00 p.m. 1977, calls for establishment of a sys- Budget Armed Services tem for a computerized schedule of all To hold hearings to examine immigra- Readiness Subcommittee meetings and hearings of Senate com- tion and public welfare benefits. To hold hearings on current and future mittees, subcommittees, joint commit- SD–608 military readiness as the armed forces tees, and committees of conference. Foreign Relations prepare for the 21st century. This title requires all such committees To hold hearings on the Convention on SR–232A to notify the Office of the Senate Daily Chemical Weapons (Treaty Doc. 103–21). Digest—designated by the Rules Com- SD–419 MARCH 19 Judiciary mittee—of the time, place, and purpose 9:30 a.m. Youth Violence Subcommittee of the meetings, when scheduled, and Commerce, Science, and Transportation To hold hearings to examine how youth any cancellations or changes in the To hold oversight hearings on activities violence programs should be funded in meetings as they occur. of the Federal Communications Com- the future. As an additional procedure along mission. with the computerization of this infor- SD–226 2:00 p.m. SR–253 mation, the Office of the Senate Daily Foreign Relations 10:00 a.m. Digest will prepare this information for African Affairs Subcommittee Budget printing in the Extensions of Remarks To hold hearings to examine the pros- To hold hearings on the President’s fiscal section of the CONGRESSIONAL RECORD pects for peace and democracy in An- year 1997 budget proposals. on Monday and Wednesday of each gola. SD–608 week. SD–419 Governmental Affairs Meetings scheduled for Thursday, Permanent Subcommittee on Investiga- March 7, 1996, may be found in the MARCH 13 tions Daily Digest of today’s RECORD. 9:30 a.m. To hold hearings to examine the asset forfeiture program, focusing on issues MEETINGS SCHEDULED Energy and Natural Resources Business meeting, to consider pending relating to the Bicycle Club Casino. calendar business. SD–342 MARCH 8 SD–366 9:00 a.m. Governmental Affairs MARCH 20 Appropriations Permanent Subcommittee on Investiga- 9:30 a.m. VA, HUD, and Independent Agencies Sub- tions Appropriations committee To resume hearings to examine global Defense Subcommittee To hold hearings to review the status of proliferation of weapons of mass de- To hold hearings on proposed budget es- the reorganization of the Veterans struction. timates for fiscal year 1997 for the De- Health Administration and related ini- SD–342 partment of Defense, focusing on the tiatives to improve VA health care de- 10:00 a.m. ballistic missile defense program. livery methods. Armed Services SD–192 SD–192 Personnel Subcommittee 9:30 a.m. Governmental Affairs To hold hearings on proposed legislation Governmental Affairs Permanent Subcommittee on Investiga- authorizing funds for fiscal year 1997 Oversight of Government Management and tions The District of Columbia Subcommit- for the Department of Defense and the To resume hearings to examine global tee future years defense program, focusing proliferation of weapons of mass de- To hold hearings to examine the over- on manpower, personnel, and com- struction. sight of government-wide travel man- pensation programs. SD–342 agement. SR–222 10:00 a.m. SD–342 Veterans’ Affairs Veterans’ Affairs Labor and Human Resources To hold hearings to examine the reform To resume hearings to examine the re- To hold hearings on S. 553, to amend the of health care priorities. form of health care priorities. Age Discrimination in Employment SR–418 SR–418 10:30 a.m. Act of 1967 to reinstate an exemption 2:00 p.m. Commerce, Science, and Transportation for certain bona fide hiring and retire- Energy and Natural Resources Science, Technology, and Space Sub- ment plans applicable to State and Energy Research and Development Sub- committee local firefighters and law enforcement committee officers. To hold hearings to examine recent de- To hold hearings on S. 1077, to authorize SD–430 velopments in the Space Station pro- research, development, and demonstra- Joint Economic gram. tion of hydrogen as an energy carrier, To hold hearings to examine the employ- SR–253 ment-unemployment situation for Feb- 2:00 p.m. S. 1153, to authorize research, develop- ruary. Armed Services ment, and demonstration of hydrogen 334 Cannon Building To resume hearings on proposed legisla- as an energy carrier, and a demon- tion authorizing funds for fiscal year stration-commercialization project MARCH 11 1997 for the Department of Defense and which produces hydrogen as an energy 10:00 a.m. the future years defense plan. source produced from solid and com- Finance SR–222 plex waste for on-site use fuel cells, Social Security and Family Policy Sub- and H.R. 655, to authorize the hydrogen committee MARCH 14 research, development, and demonstra- To hold hearings to examine the Social 9:30 a.m. tion programs of the Department of Security program in relation to future Energy and Natural Resources Energy. retirees, focusing on the original intent To hold hearings on S. 1425, to recognize SD–366 of the program, expectations of dif- the validity of rights-of-way granted ferent generations, and changes nec- under section 2477 of the Revised Stat- MARCH 26 essary to ensure that retirees born ures. 2:00 p.m. after 1946 will be treated fairly relative SD–366 Commerce, Science, and Transportation to current and past retirees. Veterans’ Affairs Science, Technology, and Space Sub- SD–215 To hold joint hearings with the House committee Committee on Veterans’ Affairs to re- To hold hearings on the proposed budget MARCH 12 view the legislative recommendations request for fiscal year 1997 for the Na- 9:30 a.m. of the Paralyzed Veterans of America, tional Aeronautics and Space Adminis- Armed Services the Jewish War Veterans, the Retired tration (NASA). To resume hearings on proposed legisla- Officers Association, the Association of SR–253 tion authorizing funds for fiscal year the U.S. Army, the Non-Commissioned E 302 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 1996 MARCH 27 AMVETS, the American Ex-Prisoners view the legislative recommendations 9:30 a.m. of War, the Vietnam Veterans of Amer- of the American Legion. Commerce, Science, and Transportation ica, and the Military Order of the Pur- 335 Cannon Building To hold hearings to examine Spectrum’s ple Heart. use and management. 345 Cannon Building SR–253 CANCELLATIONS Governmental Affairs APRIL 18 Permanent Subcommittee on Investiga- 9:30 a.m. MARCH 7 tions Commerce, Science, and Transportation 10:00 a.m. To resume hearings to examine global To resume hearings to examine Spec- Foreign Relations proliferation of weapons of mass de- trum’s use and management. To hold hearings on the Convention on struction. SR–253 Chemical Weapons. SD–342 SD–419 Veterans’ Affairs SEPTEMBER 17 2:00 p.m. To hold joint hearings with the House 9:30 a.m. Select on Intelligence Committee on Veterans’ Affairs to re- Veterans’ Affairs To hold a closed briefing on intelligence view the legislative recommendations To hold joint hearings with the House matters. of the Veterans of World War I, Committee on Veterans’ Affairs to re- SH–219 Wednesday, March 6, 1996 Daily Digest Senate Nominations Received: Senate received the follow- Chamber Action ing nominations: Routine Proceedings, pages S1537–S1610 Eric L. Clay, of Michigan, to be United States Measures Introduced: Five bills and one resolution Circuit Judge for the Sixth Circuit. were introduced, as follows: S. 1591–1595, and S. Joseph F. Bataillon, of Nebraska, to be United Con. Res. 43. Page S1598 States District Judge for the District of Nebraska. Harold Walter Geisel, of Illinois, to be Ambas- Measures Reported: Reports were made as follows: sador to the Republic of Mauritius and to serve con- S. 1594, making omnibus consolidated rescissions currently and without additional compensation as and appropriations for the fiscal year ending Septem- Ambassador Extraordinary and Plenipotentiary of the ber 30, 1996. (S. Rept. No. 104–236) United States of America to the Federal and Islamic S. 942, to promote increased understanding of Republic of The Comoros. Federal regulations and increased voluntary compli- Aubrey Hooks, of Virginia, to be Ambassador to ance with such regulations by small entities, to pro- the Republic of the Congo. vide for the designation of regional ombudsmen and Robert Krueger, of Texas, to be Ambassador to oversight boards to monitor the enforcement prac- the Republic of Botswana. tices of certain Federal agencies with respect to small A routine list in the Foreign Service. Page S1610 business concerns, to provide relief from excessive Messages From the House: Pages S1596±97 and arbitrary regulatory enforcement actions against small entities, with an amendment in the nature of Measures Referred: Page S1597 a substitute. Measures Read First Time: Page S1597 Special report entitled ‘‘Revised Allocation to Sub- Communications: Page S1597 committees of Budget Totals from the Concurrent Resolution for Fiscal Year 1996’’. (S. Rept. No. Executive Reports of Committees: Pages S1597±98 104–237) Page S1597 Statements on Introduced Bills: Pages S1598±S1606 Measures Passed: Additional Cosponsors: Page S1605 Armed Forces Benefits: Senate passed H.R. 2778, Authority for Committees: Pages S1607±08 to provide that members of the Armed Forces per- Additional Statements: Pages S1608±09 forming services for the peacekeeping effort in the Republic of Bosnia and Herzegovina shall be entitled Notice of Proposed Rulemaking: Pages S1547±50 to certain tax benefits in the same manner as if such Recess: Senate convened at 9:30 a.m., and recessed services were performed in a combat zone, clearing at 7:04 p.m., until 9:30 a.m., on Thursday, March the measure for the President. Pages S1608±09 7, 1996. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Record on Greek Independence Day: Senate agreed to S. page S1610.) Res. 219, designating March 25, 1996 as ‘‘Greek Independence Day: A National Day of Celebration of Greek and American Democracy’’. Page S1609 Committee Meetings Whitewater Investigation: Senate began consider- ation of a motion to proceed to the consideration of (Committees not listed did not meet) S. Res. 227, to authorize the use of additional funds for salaries and expenses of the Special Committee to OMNIBUS APPROPRIATIONS Investigate Whitewater Development Corporation Committee on Appropriations: Committee ordered favor- and Related Matters. Pages S1552±95 ably reported an original bill (S. 1594) making om- Senate will continue consideration of the motion nibus consolidated rescissions and appropriations for to proceed on Thursday, March 7, 1996. the fiscal year ending September 30, 1996. D 144 March 6, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 145

APPROPRIATIONS—DEFENSE Wisconsin Public Service Commission, Madison, on Committee on Appropriations: Subcommittee on Defense behalf of the National Association of Regulatory held hearings on proposed budget estimates for fiscal Utility Commissioners; Daniel W. Fessler, California year 1997 for the Department of Defense, receiving Public Utilities Commission, San Francisco; Lisa testimony from John J. Hamre, Under Secretary of Crutchfield, Pennsylvania Public Utility Commis- Defense, Comptroller/Chief Financial Officer. sion, Harrisburg; Richard H. Cowart, Vermont Pub- Subcommittee will meet again on Wednesday, lic Service Board, Montpelier; and Robert W. Gee, March 20. Texas Public Utility Commission, Austin. Hearings were recessed subject to call. BALLISTIC MISSILE DEFENSE NOMINATION Committee on Armed Services: Committee concluded hearings to review the current status of the ballistic Committee on Foreign Relations: Committee concluded missile defense program, after receiving testimony hearings on the nomination of Rita Derrick Hayes, from Paul G. Kaminski, Under Secretary of Defense of Maryland, for the rank of Ambassador during her for Acquisition and Technology. tenure of service as Chief Textile Negotiator, Depart- ment of State, after the nominee, who was intro- DOE DEFENSE PROGRAMS duced by Senators Thurmond and Hollings, testified Committee on Armed Services: Subcommittee on Strate- and answered questions in her own behalf. gic Forces concluded hearings to examine the status of the Department of Energy Environmental Man- MINORITIES IN SOUTH ASIA agement Program and the activities of the Defense Committee on Foreign Relations: Subcommittee on Near Nuclear Facilities Safety Board, after receiving testi- East and South Asia concluded hearings to examine mony from Thomas P. Grumbly, Assistant Secretary the treatment of minorities in South Asia, after re- of Energy for Environmental Management; John T. ceiving testimony from Robin Raphel, Assistant Sec- Conway, Chairman, Defense Nuclear Facilities Safety retary of State for South Asia; David Forte, Cleve- Board; Ambrose L. Schwallie, Westinghouse/Savan- land State University, Cleveland, Ohio; Anne nah River Co., Aiken, South Carolina; Lincoln E. Buwalda, The Jubilee Campaign, Vienna, Virginia; Hall, Lockheed Martin Energy Systems, Oak Ridge, Patricia Gossman, Human Rights Watch Asia, Tennessee; W. John Denson, Lockheed Martin Idaho Washington, D.C.; and Kristen Obadal, Obadal & Technologies, Idaho Falls; William C. Moffitt, Wes- McLeod, Alexandria, Virginia. tinghouse/Hanford Co., Hanford, Washington; Rob- INTERSTATE TRANSPORTATION OF ert G. Card, Kaiser Hill Co., Golden, Colorado; and HUMAN PATHOGENS Donald Ofte, Fernald Environmental Restoration Management Corp., Fernald, Ohio. Committee on the Judiciary: Committee concluded hearings to examine issues relating to the interstate ECONOMIC OUTLOOK transportation of human pathogens, after receiving Committee on the Budget: Committee concluded hear- testimony from Representatives Markey and Joseph ings to examine the state of the United States econ- Kennedy; Mark M. Richard, Deputy Assistant Attor- omy, economic impact of deficit reduction, and the ney General, Criminal Division, Department of Jus- role of fiscal policy in enhancing long-term pros- tice; James M. Hughes, Director, National Center pects, after receiving testimony from Martin N. for Infectious Diseases, Centers for Disease Control Baily, Member, Council of Economic Advisors; and Prevention, Department of Health and Human James R. Capra, Capra Asset Management, Inc., Rye, Services; David N. Sundwall, American Clinical Lab- New York; and Mickey D. Levy, NationsBanc Cap- oratory Association, Washington, D.C.; Kenneth I. ital Markets, Inc., New York, New York. Berns, Cornell University Medical College, New ELECTRIC POWER INDUSTRY York, New York, on behalf of the American Society of Microbiology; and L. Barth Reller, Duke Univer- Committee on Energy and Natural Resources: Committee sity Medical Center, Durham, North Carolina, on held oversight hearings on issues relating to com- behalf of the American Type Culture Collection. petitive change in the electric power industry, and on S. 1526, to provide for retail competition among NIH electric energy suppliers, and to provide for recovery Committee on Labor and Human Resources: Committee of stranded costs attributable to an open access elec- held oversight hearings on activities of the National tricity market, receiving testimony from Charles B. Institutes of Health, receiving testimony from Har- Curtis, Deputy Secretary, and Elizabeth A. Moler, old E. Varmus, Director, Francis S. Collins, Director, Chair, Federal Energy Regulatory Commission, both National Center for Human Genome Research, Rich- of the Department of Energy; Cheryl L. Parrino, ard D. Klausner, Director, National Cancer Institute, D 146 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 1996

Kenneth Olden, Director, National Institute of Envi- after receiving testimony from former Senator Rud- ronmental Health Sciences, Zach W. Hall, Director, man and former Secretary of Defense Harold Brown, National Institute of Neurological Disorders and both on behalf of the Commission on the Roles and Stroke, Carl Kupfer, Director, National Eye Insti- Capabilities of the United States Intelligence Com- tute, and Alan I. Leshner, Director, National Insti- munity; former Senator Baker; Richard N. Haass, tute on Drug Abuse, all of the National Institutes Director, National Security Programs and Senior Fel- of Health, Department of Health and Human Serv- low, Council on Foreign Relations; and Richard K. ices. Betts, Columbia University, New York, New York. Hearings continue tomorrow. SMALL BUSINESS REGULATORY FAIRNESS TELEMARKETING FRAUD ACT Special Committee on Aging: Committee concluded Committee on Small Business: Committee ordered favor- hearings to examine the scope and trends of ably reported, with an amendment in the nature of telemarketing fraud operations that target the elder- a substitute, S. 942, to promote increased under- ly, after receiving testimony from Kathryn E. standing of Federal regulations and increased vol- Landreth, United States Attorney, District of Ne- untary compliance with such regulations by small vada, and Charles L. Owens, Section Chief, Financial entities, to provide for the designation of regional Crimes Section, Federal Bureau of Investigation, ombudsmen and oversight boards to monitor the en- both of the Department of Justice; Jodie Bernstein, forcement practices of certain Federal agencies with Director, Bureau of Consumer Protection, Federal respect to small business concerns, and to provide re- Trade Commission; Agnes Johnson, Biddeford, lief from excessive and arbitrary regulatory enforce- Maine, on behalf of the American Association of Re- ment actions against small entities. tired Persons; John F. Barker, National Fraud Infor- mation Center, and Peder Anderson, both of Wash- U.S. INTELLIGENCE ington, D.C.; Edward B. Gould, Jr., Las Vegas, Ne- Select Committee on Intelligence: Committee concluded vada; and Mary Ann Downs, Raleigh, North Caro- hearings on the future of United States intelligence, lina. h House of Representatives House agreed to the Speaker’s approval of the Jour- Chamber Action nal of Tuesday, March 5. Pages H1723±24 Bills Introduced: 20 public bills, H.R. 3020–3039; Cuban Liberty and Democratic Solidarity: By a 1 private bill, H.R. 3040; and 1 resolution, H. Res. yea-and-nay vote of 336 yeas to 86 nays, Roll No. 373 were introduced. Pages H1774±75 47, the House agreed to the conference report on Reports Filed: Reports were filed as follows: H.R. 927, to seek international sanctions against the H. Res. 369, to provide to the Committee on Castro government in Cuba, and to plan for support Government Reform and Oversight special authori- of a transition government leading to a democrat- ties to obtain testimony for purposes of investigation ically elected government in Cuba. Pages H1736±49 and study of the White House Travel Office matter H. Res. 370, the rule which waived all points of (H. Rept. 104–472); order against consideration of the conference report, H. Res. 371, providing for the consideration of was agreed to earlier by a yea-and-nay vote of 347 H.R. 3021, to guarantee the continuing full invest- yeas to 67 nays, Roll No. 46. Pages H1724±36 ment of Social Security and other Federal funds in Recess: House recessed at 6:46 p.m. and reconvened obligations of the United States (H. Rept. 104–473); at 7:10 p.m. and H. Res. 372, providing for the consideration of Senate Messages: Message received from the Senate H.R. 3019, making appropriations for fiscal year today appears on page H1719. 1996 to make a further downpayment toward a bal- Amendments Ordered Printed: Amendments or- anced budget (H. Rept. 104–474). dered printed pursuant to the rule appear on page Pages H1749, H1773±74 H1776. Journal: By a yea-and-nay vote of 346 yeas to 65 Quorum Calls—Votes: Three yea-and-nay votes de- nays, with 2 voting ‘‘present’’, Roll No. 45, the veloped during the proceedings of the House today March 6, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 147 and appear on pages H1723–24, H1736, and MILITARY CONSTRUCTION H1749. There were no quorum calls. APPROPRIATIONS Adjournment: Met at 11 a.m. and adjourned at Committee on Appropriations: Subcommittee on Mili- 7:12 p.m. tary Construction held a hearing on the Army. Testi- mony was heard from Robert M. Walker, Assistant Committee Meetings Secretary of the Army, Department of Defense. TRANSPORTATION APPROPRIATIONS AGRICULTURE APPROPRIATIONS Committee on Appropriations: Subcommittee on Trans- Committee on Appropriations: Subcommittee on Agri- portation held a hearing on Inspector General Re- culture, Rural Development, Food and Drug Admin- ports. Testimony was heard from A. Mary Schiavo, istration, and Related Agencies continued appropria- Inspector General, Department of Transportation. tion hearings. Testimony was heard from congres- sional and public witnesses. TREASURY-POSTAL SERVICE-GENERAL GOVERNMENT APPROPRIATIONS ENERGY AND WATER APPROPRIATIONS Committee on Appropriations: Subcommittee on Treas- Committee on Appropriations: Subcommittee on Energy ury, Postal Service, and General Government held a and Water Development continued appropriation hearing on issues in Treasury Law Enforcement. Tes- hearings. Testimony was heard from congressional timony was heard from the following officials of the and public witnesses. Department of the Treasury: Robert E. Rubin, Sec- retary; John W. Magaw, Director, Bureau of Alco- FOREIGN OPERATIONS APPROPRIATIONS hol, Tobacco and Firearms; Charles F. Rinkevich, Committee on Appropriations: Subcommittee on Foreign Director, Federal Law Enforcement Training Center; Operations, Export Financing and Related Agencies Eljay B. Bowron, Director, U.S. Secret Service; and held a hearing on Jordan Arms Transfers. Testimony George Weise, Commissioner of Customs, U.S. Cus- was heard from Walter B. Slocombe, Under Sec- toms Service. retary, Policy, Department of Defense; and Robert VA-HUD AND INDEPENDENT AGENCIES H. Pelletreau, Assistant Secretary, Near Eastern Af- APPROPRIATIONS fairs, Department of State. Committee on Appropriations: Subcommittee on Veter- INTERIOR APPROPRIATIONS ans’ Affairs, HUD and Independent Agencies held a Committee on Appropriations: Subcommittee on Interior hearing on the NSF. Testimony was heard from Neal held a hearing on the National Endowment for the F. Lane, Director, NSF. Humanities. Testimony was heard from Sheldon MISCELLANEOUS MEASURES Hackney, Chairman, National Endowment for the Committee on Commerce: Ordered reported the follow- Humanities, National Foundation on the Arts and ing bills: H.R. 2972, amended, Securities and Ex- the Humanities. change Commission Authorization Act of 1996; and LABOR-HHS-EDUCATION H.R. 2969, Federal Tea Tasters Repeal Act of 1996. APPROPRIATIONS MEDICAID—BIPARTISAN NATIONAL Committee on Appropriations: Subcommittee on Labor, GOVERNORS ASSOCIATION AGREEMENT Health and Human Services, and Education contin- Committee on Commerce: The Committee also continued ued appropriation hearings. Testimony was heard hearings on the Unanimous Bipartisan National from public witnesses. Governors Association Agreement on Medicaid. Tes- timony was heard from Donna E. Shalala, Secretary LEGISLATIVE APPROPRIATIONS of Health and Human Services; Gail Wilensky, Committee on Appropriations: Subcommittee on Legisla- Chairman, Board of Directors, Physician Payment tive continued appropriation hearings. Testimony Review Commission; and public witnesses. was heard from Representative Ehlers; and public witnesses. ERISA TARGETED HEALTH INSURANCE The Subcommittee also held a hearing on the Of- REFORM ACT; CONGRESSIONAL fice of Compliance. Testimony was heard from the ACCOUNTABILITY ACT REGULATIONS following officials of that Office: Glen Nager, Chair- Committee on Economic and Educational Opportunities: man, Board of Directors; and Ricky Silberman, Exec- Ordered reported amended H.R. 995, ERISA Tar- utive Director. geted Health Insurance Reform Act of 1995. D 148 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 1996 The Committee also adopted a motion to instruct the report equally divided and controlled by the pro- the Chairman to seek adoption by the House of reso- ponent and an opponent. Said amendments shall not lutions regarding the Congressional Accountability be subject to amendment and shall not be subject to Act regulations. a demand for division of the question in the House OVERSIGHT—IRS FINANCIAL or in the Committee of the Whole. The rule waives MANAGEMENT all points of order against the amendments specified in the report of the Committee on Rules. Finally, Committee on Government Reform and Oversight: Sub- the rule provides that the previous question shall be committee on Government Management, Informa- considered as ordered on the bill to final passage tion, and Technology held an oversight hearing on without intervening motion except one motion to re- IRS Financial Management. Testimony was heard commit which, if containing instructions, may only from Gene L. Dodaro, Assistant Comptroller Gen- be offered by the Minority Leader or his designee. eral, Accounting and Information Management Divi- Testimony was heard from Chairman Livingston and sion, GAO; Margaret Milner Richardson, Commis- Representatives Istook, Gekas, Morella, Zeliff, sioner of Internal Revenue, IRS, Department of the Greenwood, Crapo, McIntosh, Obey, Pelosi, Lowey, Treasury; and public witnesses. Rangel, Richardson, Pallone, Sawyer, and Furse. REQUIRING TWO-THIRDS MAJORITIES— CONTINUING INVESTMENT OF SOCIAL BILLS INCREASING TAXES SECURITY AND OTHER FEDERAL FUNDS Committee on the Judiciary: Subcommittee on the Con- Committee on Rules: Granted, by a voice vote, a closed stitution held a hearing on H.J. Res. 159, proposing rule providing for the consideration of H.R. 3021, an amendment to the Constitution of the United to guarantee the continuing full investment of Social States to require two-thirds majorities for bills in- Security and other Federal funds in obligations of creasing taxes. Testimony was heard from Senator the United States, in the House. The rule provides Kyl; Representatives Barton of Texas, Skaggs, Geren a motion to recommit which may include instruc- of Texas, and Shadegg; Ken Blackwell, Treasurer, tions only if offered by the Minority Leader or his State of Ohio; and public witnesses. designee. Testimony was heard from Chairman Ar- MARIJUANA USE IN AMERICA cher and Representatives Smith of Michigan and Gibbons. Committee on the Judiciary: Subcommittee on Crime held a hearing on marijuana use in America. Testi- GLOBAL CHANGE mony was heard from public witnesses. RESEARCH PROGRAMS Committee on Science: Held a hearing on Global DEFENSE AUTHORIZATION Change Research Programs: Data Collection and Sci- Committee on National Security: Began hearings on the entific Priorities. Testimony was heard from Robert fiscal year 1997 national defense authorization re- T. Watson, Associate Director, Environment, Office quest. Testimony was heard from the following offi- of Science and Technology Policy; Charles Kennel, cials of the Department of Defense: William J. Associate Administrator, Office of Mission to Planet Perry, Secretary; and Gen. John M. Shalikashvili, Earth, NASA; Brad Hathaway, Associate Director, USA, Chairman, Joint Chiefs of Staff. Defense Management Issues, National Security and FURTHER BALANCED BUDGET International Affairs Division, GAO; Michael APPROPRIATIONS MacCracken, Director, Office of the U.S. Global Change Research Program, National Scientific and Committee on Rules: Granted, by a recorded vote of 9 Technology Council; Arno Ledebuhr, Lawrence to 2, a modified closed rule providing 1 hour of de- Livermore National Laboratory; and public witnesses. bate on H.R. 3019, making appropriations for fiscal year 1996 to make a further downpayment toward TECHNOLOGY TRANSFER AND a balanced budget. The rule provides for the adop- INNOVATIVE RESEARCH PROGRAMS tion in the House and in the Committee of the Committee on Small Business: Held a hearing on assess- Whole of an amendment printed in section 2 of the ing the Small Business Technology Transfer Pilot report of the Committee on Rules. Program and Small Business Innovation Research The rule further provides for the consideration of Program. Testimony was heard from Victor S. the amendments specified in the report of the Com- Rezendes, Director, Energy, Resources and Science mittee on Rules, which shall be considered only in Issues, Resources, Community and Economic Devel- the order specified in the report, may be offered only opment Division, GAO; Daniel O. Hill, Assistant by a Member designated in the report, shall be con- Administrator, Technology Programs, SBA; and sidered as read, debatable for the time specified in public witnesses. March 6, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 149 NATIONAL TRANSPORTATION SAFETY Russian democratic development, receiving testi- BOARD mony from Anatol Lieven, Senior Fellow, United Committee on Transportation and Infrastructure: Sub- States Institute of Peace; Jack F. Matlock, Jr., Co- committee on Aviation and the Subcommittee on lumbia University, New York, New York, former Railroads held a joint hearing on reauthorizing the United States Ambassador to the Soviet Union; and National Transportation Safety Board. Testimony Sergei Kovalev, Moscow, Russia. was heard from James E. Hall, Chairman, National Commission recessed subject to call. Transportation Safety Board. f OVERSIGHT—RAIL SAFETY NEW PUBLIC LAWS Committee on Transportation and Infrastructure: Sub- (For last listing of Public Laws, see DAILY DIGEST p. D80) committee on Railroads continued hearings on Rail H.R. 1718, to designate the United States court- Safety Oversight: Human Factors and Grade Cross- house located at 197 South Main Street in Wilkes- ing Issues. Testimony was heard from Robert Lauby, Barre, Pennsylvania, as the ‘‘Max Rosenn United Chief, Railroad Division, National Transportation States Courthouse’’. Signed March 5, 1996. (P.L. Safety Board; and Jolene Molitoris, Administrator, 104–112) Federal Railroad Administration, Department of Transportation. f WATER SUPPLY INFRASTRUCTURE COMMITTEE MEETINGS FOR ASSISTANCE ACT THURSDAY, MARCH 7, 1996 Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Water Resources and Environment ap- proved for full Committee action the following: Senate H.R. 2747, amended, Water Supply Infrastructure Committee on Armed Services, business meeting, to con- Assistance Act of 1995; and 13 water resources sur- sider pending military nominations; to be followed by vey resolutions. hearings on the nominations of Kenneth H. Bacon, of the District of Columbia, to be Assistant Secretary of Defense BROWN/RUDMAN COMMISSION REPORT for Public Affairs, Franklin D. Kramer, of the District of Permanent Select Committee on Intelligence: Held a hear- Columbia, to be Assistant Secretary of Defense for Inter- ing on the Brown/Rudman Commission Report. Tes- national Security Affairs, and Alvin L. Alm, of Virginia, timony was heard from Warren B. Rudman, former to be Assistant Secretary of Energy for Environmental Senator, State of New Hampshire; and Harold Management, 10 a.m., SR–222. Brown, former Secretary of Defense. Committee on Commerce, Science, and Transportation, to hold hearings to examine air bag safety issues, 9:30 a.m., SR–253. Joint Meetings Committee on Energy and Natural Resources, Subcommittee GOVERNMENT PERFORMANCE on Parks, Historic Preservation and Recreation, to hold hearings on S. 745, to require the National Park Service Joint Hearing: Senate Committee on Governmental to eradicate brucellosis afflicting the bison in Yellowstone Affairs held joint oversight hearings with the House National Park, S. 796 and H.R. 238, bills to provide for Committee on Government Reform and Oversight the protection of wild horses within the Ozark National on the implementation of the Government Perform- Scenic Riverways, Missouri, and prohibit the removal of ance and Results Act of 1993, receiving testimony such horses, and S. 1451, to authorize an agreement be- from Charles A. Bowsher, Comptroller General of tween the Secretary of the Interior and a State providing the United States, General Accounting Office; Mal- for the continued operation by State employees of na- colm Holmes, Senior Public Sector Management tional parks in the State during any period in which the Specialist, World Bank, former Australia Senior Offi- National Park Service is unable to maintain the normal level of park operations, 9:30 a.m., SD–366. cial Ministry of Finance; Donald F. Ketti, University Subcommittee on Forests and Public Land Manage- of Wisconsin, Madison; Robert W. Lauterberg, Vir- ment, to hold hearings on S. 393 and H.R. 924, bills to ginia Department of Planning and Budget, Rich- prohibit the Secretary of Agriculture from transferring mond; and Frank Fairbanks, Phoenix, Arizona. any national forest system lands in the Angeles National Hearings were recessed subject to call. Forest in California out of Federal ownership for use as CHECHEN CONFLICT a solid waste landfill, 1 p.m., SD–366. Committee on Foreign Relations, Subcommittee on East Commission on Security and Cooperation in Europe (Hel- Asian and Pacific Affairs, to hold joint hearings with the sinki Commission): Commission held hearings to ex- House International Relations Subcommittee on Asia and amine issues relating to the Chechen conflict and the Pacific to examine U.S.-Sino relations, focusing on D 150 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 1996 the intellectual property rights agreement and related tration testimony on the White House Travel Office mat- trade issues, 2 p.m., 2172 Rayburn Building. ter; and the administration’s certification program for Committee on Governmental Affairs, to resume hearings Narcotics producing and transit countries in Latin Amer- on S. 356, to declare English as the official language of ica, 10 a.m., 2172 Rayburn. the Government of the United States, 9:30 a.m., SD–342. Committee on Judiciary, Subcommittee on the Constitu- Committee on the Judiciary, business meeting, to resume tion, to mark up H.R. 2128, Equal Opportunity Act of consideration of S. 269 and S. 1394, proposed Immigra- 1995, 9:30 a.m., 2226 Rayburn. tion Reform Act, 10 a.m., SD–106. Subcommittee on Crime, hearing on the following Committee on Labor and Human Resources, to continue bills: H.R. 1143, to amend title 18, United States Code, hearings on proposed legislation authorizing funds for the with respect to witness retaliation; H.R. 1144, to amend National Institutes of Health, 9:30 a.m., SD–430. title 18, United States Code, with respect to witness tam- NOTICE pering; H.R. 2092, Private Security Officer Quality As- surance Act of 1995; H.R. 2137, Megan’s Law; H.R. For a Listing of Senate Committee Meetings 2453, Fugitive Detention Act of 1995; H.R. 2587, War scheduled ahead, see pages E301–02 in today’s Crime Act of 1995; H.R. 2607, Veterans’ Memorials Pro- Record. tection Act of 1995; H.R. 2641, United States Marshals Service Improvement Act of 1995; H.R. 2650, Mandatory House Federal Prison Drug Treatment Act of 1995; H.R. 2803, Committee on Appropriations, Subcommittee on Agri- Anti-Car Theft Improvements Act of 1995; H.R. 2804, culture, Rural Development, Food and Drug Administra- to amend the auto theft provisions of title 49, United tion, and Related Agencies to continue on congressional States Code, to add air bag modules to the list of major and public witnesses, 1 p.m., 2362A Rayburn. auto parts protected under such provisions; H.R. 2974, Subcommittee on Interior, public witnesses on Depart- Crimes Against Children and Elderly Persons Punishment ment of Energy and other programs, 10 a.m. and 1:30 and Prevention Act of 1995; H.R. 2980, Interstate Stalk- p.m., B–308 Rayburn. ing Punishment and Prevention Act of 1996; and H.R. Subcommittee on Labor, Health and Human Services, 2996, Law Enforcement and Industrial Security Coopera- and Education, to continue on public witnesses, 10 a.m. tion Act of 1996, 10 a.m., 2141 Rayburn. and 2 p.m., 2358 Rayburn. Committee on National Security, Subcommittee on Mili- Subcommittee on Military Construction, on Air Force, tary Installations and Facilities, hearing on alternative au- 9:30 a.m., B–300 Rayburn. thorities for construction and improvement of military Subcommittee on National Security, on fiscal year housing, 2 p.m., 2216 Rayburn. 1997 Defense Budget, 9 a.m., 2360 Rayburn. Subcommittee on Military Personnel, to begin hearings Subcommittee on Transportation, on GAO, 10 a.m., on the fiscal year 1996 national defense authorization re- and on National Transportation Safety Board, 2 p.m., quest, 2 p.m., 2212 Rayburn. 2358 Rayburn. Subcommittee on Military Procurement and the Sub- Committee on Committee on Banking and Financial Services, committee on Military Research and Development, joint Subcommittee on Domestic and International Monetary hearing on the fiscal year 1997 national defense author- Policy, to continue hearings on the Future of Money, Part ization request, 10 a.m., 2118 Rayburn. III, 10 a.m., 2128 Rayburn. Committee on Resources, Subcommittee on Energy and Committee on the Budget, hearing on Corporate Welfare, Mineral Resources, hearing on H.R. 1813, Mineral Man- 11 a.m., 210 Cannon. agement Service Organic Act, 2 p.m., 1324 Longworth. Committee on Commerce, Subcommittee on Health and Subcommittee on Water and Power Resources, over- Environment, hearing on Health Care Reform: Reforming sight hearing on dam safety and deferred maintenance is- the Small Business Marketplace and the Individual sues at Bureau of Reclamation facilities, 10 a.m., 1334 Health Insurance Market, 10 a.m., 2322 Rayburn. Longworth. Subcommittee on Telecommunications and Finance, to Committee on Science, Subcommittee on Energy and Envi- mark up H.R. 3005, Securities Amendments of 1996, 1 ronment, hearing on Department of Energy’s Restruc- p.m., 2123 Rayburn. tured Fusion Energy Sciences Program, 9:30 a.m., 2318 Committee on Economic and Educational Opportunities, Sub- Rayburn. committees on Early Childhood, Youth and Families, Committee on Small Business, hearing on EPA’s Progress hearing on Individuals with Disabilities Education Act, in Reducing Unnecessary Regulations and Paperwork 10 a.m., 2175 Rayburn. Burdens Upon Small Business, 2 p.m., 2359 Rayburn. Committee on Government Reform and Oversight, to con- Subcommittee on Regulation and Paperwork, hearing sider the following: Sections 356 and 523 of H.R. 2202, on rulemaking at the NLRB, 10 a.m., 2359 Rayburn. Immigration and National Interest Act of 1995; Special Committee on Transportation and Infrastructure, to mark Committee Rules to obtain deposition testimony on the up the following: a resolution authorizing the 1996 Spe- White House Travel Office matter; and a draft report en- cial Olympics Torch to be run through the Capitol titled ‘‘National Drug Policy: A Review of the Status of Grounds; a resolution authorizing the use of the Capitol the Drug War,’’ 10 a.m., 2154 Rayburn. Grounds for the 15th Annual National Peace Officers’ Committee on International Relations, Subcommittee on Memorial Service; pending water resolutions; H.R. 2747, the Western Hemisphere, hearing to review the Adminis- Water Supply Infrastructure Assistance Act of 1995; and March 6, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 151

Views and Estimates Report to the Committee on the tions for the Department of State and related agencies for Budget, 2 p.m., 2167 Rayburn. fiscal years 1996 and 1997; to responsibly reduce the au- Subcommittee on Aviation, to continue hearings on the thorizations of appropriations for the United States for- Airport Improvement Program, with emphasis on revenue eign assistance programs for fiscal years 1996 and 1997, diversion, 10 a.m., 2167 Rayburn. 10:30 a.m., S–116, Capitol. Committee on Veterans’ Affairs, Subcommittee on Edu- Joint Hearing: Senate Committee on Foreign Relations, cation, Training, Employment and Housing, oversight Subcommittee on East Asian and Pacific Affairs, to hold hearing on the Montgomery GI Bill, 9 a.m., 334 Cannon. joint hearings with the House International Relations’ Permanent Select Committee on Intelligence, executive, hear- Subcommittee on Asia and the Pacific to examine U.S.- ing on China, 10 a.m., H–405 Capitol. Sino relations, focusing on the intellectual property rights Joint Meetings agreement and related trade issues, 2 p.m., 2172 Rayburn Building. Conferees, on H.R. 1561, to consolidate the foreign af- fairs agencies of the United States; to authorize appropria- D 152 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 7 10 a.m., Thursday, March 7

Senate Chamber House Chamber Program for Thursday: After the recognition of five Program for Thursday: Consideration of H.R. 3019, Senators for speeches and the transaction of any morning further balanced budget appropriations (modified closed business (not to extend beyond 11 a.m.), Senate will re- rule, 1 hour of general debate); sume consideration of the motion to proceed to S. Res. H.R. 3021, guaranteed continuing investment of social 227, extension of Whitewater investigation. security and other Federal funds in U.S. obligation (closed rule, I hour of general debate); and H. Res. 369, to provide the Committee on Govern- ment Reform and Oversight special authorities to obtain testimony for investigation and study of the White House Travel Office matter.

Extensions of Remarks, as inserted in this issue

HOUSE Hansen, James V., Utah, E291 Norton, Eleanor Holmes, D.C., E294 Jacobs, Andrew, Jr., Ind., E287 Owens, Major R., N.Y., E292 Barcia, James A., Mich., E279 Kennedy, Joseph P., II, Mass., E290 Pelosi, Nancy, Calif., E281 Brown, Corrine, Fla., E294 Kennedy, Patrick J., R.I., E284 Pomeroy, Earl, N. Dak., E288, E293 Bunn, Jim, Ore., E283 Kleczka, Gerald D., Wis., E284 Rahall, Nick J., II, W. Va., E296 Clay, William (Bill), Mo., E281, E283, E286 Lantos, Tom, Calif., E280 Sanders, Bernard, Vt., E294 Conyers, John, Jr., Mich., E297 LaTourette, Steve C., Ohio, E284 Shaw, E. Clay, Jr., Fla., E288 Davis, Thomas M., Va., E279 Lewis, Jerry, Calif., E284, E285 Solomon, Gerald B.H., N.Y., E285 Dellums, Ronald V., Calif., E293 Maloney, Carolyn B., N.Y., E287 Stearns, Cliff, Fla., E293, E295 Fox, Jon D., Pa., E281 Markey, Edward J., Mass., E294 Studds, Gerry E., Mass., E285, E289 Frank, Barney, Mass., E292 Meehan, Martin T., Mass., E279 Tejeda, Frank, Tex., E296 Funderburk, David, N.C., E287 Meek, Carrie P., Fla., E291 Weldon, Curt, Pa., E287 Gilman, Benjamin A., N.Y., E291 Miller, George, Calif., E284, E288 Woolsey, Lynn C., Calif., E284 Hamilton, Lee H., Ind., E286 Mink, Patsy T., Hawaii, E288 Young, Don, Alaska, E299

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