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, FRIDAY, JULY 12, 1996 No. 103 House of Representatives

The House met at 9 a.m. and was TON] come forward and lead the House subject to civil or criminal liability arising called to order by the Speaker pro tem- in the Pledge of Allegiance. from the nature, age, packaging, or condi- tion of apparently wholesome food or an ap- pore [Mr. TAYLOR of North Carolina]. Mr. SKELTON led the Pledge of Alle- parently fit grocery product that the non- f giance as follows: profit organization received as a donation in I pledge allegiance to the Flag of the DESIGNATION OF THE SPEAKER good faith from a person or gleaner for ulti- United States of America, and to the Repub- mate distribution to needy individuals.’’; and PRO TEMPORE lic for which it stands, one nation under God, (iv) by striking ‘‘except that this para- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. graph’’ and inserting the following: fore the House the following commu- f ‘‘(3) EXCEPTION.—Paragraphs (1) and (2)’’. (b) TRANSFER TO CHILD NUTRITION ACT OF nication from the Speaker: BILL EMERSON GOOD SAMARITAN 1966.—Section 402 of the National and Com- WASHINGTON, DC, FOOD DONATION ACT munity Service Act of 1990 (42 U.S.C. 12672) July 12, 1996. (as amended by subsection (a))— I hereby designate the Honorable CHARLES Mr. GOODLING. Mr. Speaker, pursu- (1) is transferred from the National and H. TAYLOR to act as Speaker pro tempore on ant to the order of the House of Thurs- Community Service Act of 1990 to the Child this day. day, July 11, 1996, I move to suspend Nutrition Act of 1966; NEWT GINGRICH, the rules and pass the bill (H.R. 2428) to (2) is redesignated as section 22 of the Child Speaker of the House of Representatives. encourage the donation of food and Nutrition Act of 1966; and (3) is added at the end of such Act. f grocery products to nonprofit organiza- The SPEAKER pro tempore. Pursu- tions for distribution to needy individ- PRAYER ant to the rule, the gentleman from uals by giving the Model Good Samari- Pennsylvania [Mr. GOODLING] and the The Chaplain, Rev. James David tan Donation Act the full force and ef- gentleman from Missouri [Mr. CLAY] Ford, D.D., offered the following pray- fect of law, as amended. er: each will control 20 minutes. The Clerk read as follows: The Chair recognizes the gentleman O gracious God, from whom has come H.R. 2428 all the gifts that make us whole and from Pennsylvania [Mr. GOODLING]. Be it enacted by the Senate and House of Rep- (Mr. GOODLING asked and was given make us human, we pray that Your resentatives of the United States of America in permission to revise and extend his re- Spirit will so live in our spirits that Congress assembled, marks.) our thoughts and vision, our words and SECTION 1. CONVERSION TO PERMANENT LAW Mr. GOODLING. Mr. Speaker, I yield deeds will be strengthened and made OF MODEL GOOD SAMARITAN FOOD myself such time as I may consume. right by Your blessings to us. For all DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT Mr. Speaker, today we are consider- Your good gifts that come to us and OF 1966. ing legislation which will have the ef- grace our lives with cleansing and new (a) CONVERSION TO PERMANENT LAW.—Title fect of increasing the donation of food life, that point us on the way and ac- IV of the National and Community Service products to needy individuals and their company us along the path, for these Act of 1990 is amended— families and paying tribute to one of gifts and all the wonders of Your Spir- (1) by striking sections 401 and 403 (42 the finest Members of this body, with it, we offer this prayer of thanksgiving U.S.C. 12671 and 12673); and whom I have had the privilege to serve, and praise. Amen. (2) in section 402 (42 U.S.C. 12672)— (A) in the section heading, by striking Bill Emerson. f ‘‘MODEL’’ and inserting ‘‘BILL EMERSON’’; Many times individuals and corpora- tions are interested in donating food to THE JOURNAL (B) in subsection (a), by striking ‘‘Good Sa- maritan’’ and inserting ‘‘Bill Emerson Good feed the needy. However, the fear of li- The SPEAKER pro tempore. The Samaritan’’; and ability prevents them from doing so. Chair has examined the Journal of the (C) in subsection (c)— According to the executive director of last day’s proceedings and announces (i) by striking ‘‘A person or gleaner’’ and the South Central Pennsylvania Food to the House his approval thereof. inserting the following: Bank, ‘‘We need to mitigate the risk Pursuant to clause 1, rule I, the Jour- ‘‘(1) LIABILITY OF PERSON OR GLEANER.—A and liability so this nutritious food can nal stands approved. person or gleaner’’; go to those in great need.’’ (ii) by striking ‘‘needy individuals,’’ and f inserting ‘‘needy individuals.’’; H.R. 2428, the Bill Emerson Good Sa- maritan Food Donation Act, would en- PLEDGE OF ALLEGIANCE (iii) by inserting after ‘‘needy individuals.’’ (as added by clause (ii)) the following: courage the donation of food products The SPEAKER pro tempore. Will the ‘‘(2) LIABILITY OF NONPROFIT ORGANIZA- by freeing those who, in good faith, do- gentleman from Missouri [Mr. SKEL- TION.—A nonprofit organization shall not be nate such products from the threat of

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.

H7477 H7478 CONGRESSIONAL RECORD — HOUSE July 12, 1996 civil and criminal liability should such the food it produces each year. Bill with it a great responsibility, a respon- products cause harm to the recipients Emerson considered it his mission to sibility to produce, provide, and share. of their generosity. It does not, how- search for ways to combat hunger, and Bill embraced that challenge in the ever, in any way free such individuals so he enthusiastically became a co- way he did so much else in life—with from liability in cases of gross neg- sponsor of the Good Samaritan Food an unrelenting desire to help others. ligence or intentional harm. Donation Act introduced by my col- Bill Emerson was an important voice Mr. Speaker, I am a strong supporter league from Missouri, Congresswoman for countless noble causes in Congress of our Federal nutrition programs and PAT DANNER. We all owe a great deal of and this body is immeasurably better believe they go a long way toward pro- gratitude to Representative DANNER today because of his service. viding the nutritional needs to low-in- for her vision and compassion in devel- As his funeral procession moved from come families. This legislation encour- oping this legislation. Cape Girardeau to Hillsboro, a most ages communities to get involved in ef- By establishing national liability heartfelt scene unfolded as men, forts to feed the hungry and improves standards, this bill will encourage and women, and children, with American our ability to ensure that citizens of enable restaurants, grocers, and other flags held high, lined the road—in this country do not go to bed hungry. donors to feed the hungry. In urging honor of Bill’s service to them—and to Since this bill is all about bringing support for this bill, Congressman Em- our Nation. people together to promote the greater erson stated: And it is a most impressive record of good for their communities, it is only service, indeed. Private companies are too often faced with Bill had moved through the ranks— fitting that we name it in honor of Bill different State laws governing food dona- Emerson. This is exactly what the ca- tions. These differences can stand between a from congressional page at the age of reer of our late beloved colleague Bill willing donor and a needy family. 15 to chief of staff for Congressman Bob Ellsworth of Kansas and later Senator Emerson was all about. That is why we Bill Emerson’s efforts to fight hunger Bob Mathias of Maryland. In 1980, Bill have named this legislation the Bill throughout his career in Congress was elected to Congress from Missou- Emerson Good Samaritan Food Dona- make passage of this bill a fitting trib- ri’s 8th District, where he soon became tion Act as a tribute to this fine man ute to his legacy. one of the most influential Members of and his commitment to improving our Mr. Speaker, I yield 8 minutes to the Congress. Nation’s nutrition programs. gentlewoman from the State of Mis- But as Bill gained new, more signifi- Bill Emerson was a true patriot and souri, Ms. PAT DANNER. cant responsibilities he always re- great Member of Congress. He was a Ms. DANNER. Mr. Speaker, often, we mained, first and foremost, true to Member of the highest character, who hear about the importance of timeli- himself. He was universally regarded as devoted himself to the cause of reduc- ness of legislation. a man of the people who never strayed ing hunger and to making this country As we discuss today’s bill, the Bill from public-minded service to our and this House a better place. I know I Emerson Good Samaritan Food Dona- tion Act, I will be constantly mindful country. speak for all of the members of this Three of the most important inter- of the article that appeared only yes- committee in expressing our sadness ests in Bill Emerson’s life were—fam- terday in the Kansas City Star—my over his loss and express our heartfelt ily, religion, and feeding the hungry. sympathy to his family. hometown newspaper. The Star carried He was a devoted family man, the While we are renaming this bill for the article that I have had partially re- leader of a prayer breakfast group, and Bill Emerson, I would like to point out produced and which is behind me. a giant on the Agriculture Committee that the gentlewoman from Missouri, For the first time ever, Project Hun- when it came to hunger issues, whether Ms. PAT DANNER, the key sponsor of ger, the annual summer food drive, ran at home or abroad. H.R. 2428, deserves an enormous out of supplies while people still waited In fact, he served as chair of the Se- amount of credit for introducing this in line to secure food. This year, the lect Committee on Hunger, and in that legislation and championing this cause. contributions were only one-third of capacity he traveled worldwide in his Despite all the time and effort she has the amount collected last year. effort to fight hunger and improve nu- personally invested in this effort, she Mr. Speaker, this is but a single trition. has graciously given her support for chapter in a much larger story. The I know that all here will agree with our effort to rename this bill to recog- U.S. Conference of Mayors has reported me that there is no more fitting trib- nize Bill Emerson. that 18 percent of all requests for food ute to Bill’s memory than the passage In summary, I urge my colleagues to assistance went unmet last year in the of this legislation that will provide, by support this important piece of legisla- Nation’s cities. some estimates, 50 million additional tion, which will go a long way toward And the Federal Government has es- pounds of food annually to the hungry. ensuring that our Nation’s low-income timated that some 14 billion pounds of Today, as the House of Representa- families will receive the nutrition they food are discarded by businesses each tives considers the Bill Emerson Good require to lead healthy, productive year. Samaritan Food Donation Act, we are, lives. These incredible figures were trou- in effect, saying: ‘‘Bill, your voice will Mr. Speaker, I reserve the balance of bling for Bill Emerson, they are trou- not be forgotten, the course you my time. bling for me—and I’m confident that charted will be followed and your leg- Mr. CLAY. Mr. Speaker, I yield my- other Members of the House will agree acy will endure.’’ self such time as I may consume. that we must act now to address this I might also mention that although Mr. Speaker, I rise to support H.R. issue. this legislation is first and foremost a 2428, the Bill Emerson Good Samaritan Mr. Speaker, the Biblical passage fitting testament to a wonderful man, Food Donation Act. The purpose of this from Leviticus reminds us that: ‘‘When it is also a testament to another man bill is to encourage the donation of you reap the harvest of your land, do who has made feeding the hungry his wholesome, surplus food to nonprofit not reap the corners of your field, and No. 1 priority. organizations, who in turn, distribute do not glean the fallen ears of your May I, briefly, tell the story of how the food to our Nation’s poor and hun- crop * * * you must leave them for the Good Samaritan bill evolved from a gry. the poor and the stranger.’’ local concern in St. Joseph, MO, to leg- Last year the Food Research and Ac- Bill Emerson, as a student of the islation in the U.S. Congress. tion Center [FRAC] reported that 13.6 Scriptures and a tireless advocate in As an aside, I think if we had more million children in America below the the war against hunger, brought both such stories, it would restore the age of 12 go hungry each month. Simi- life and meaning to that verse. American people’s faith that their con- larly, the Administration on Aging es- Bill heard those words in Leviticus cerns really can make a difference. timates that hunger plagues hundreds and at the same time he heard the Last summer, Herald Martin—an ac- of thousands of our elderly each year. voices of the hungry—not only in our tive community volunteer who for 20 My late colleague, Bill Emerson, was Nation—but around the world. years has gleaned food for the Patee alarmed by the prevalence of hunger in He knew that the rich gift of fertile Park Baptist Church Pantry and others a nation that throws away 20 percent of soil in his beloved Missouri carried in St. Joseph—contacted me. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7479 Mr. Martin had worked tirelessly—at Mr. GOODLING. Mr. Speaker, I yield introduced with his colleague. The his own expense, I might add—to pick such time as he may consume to the Food Donation Act, as all of us know up and distribute leftover food. gentleman from Wisconsin [Mr. GUN- and as we have heard, is intended to He was understandably frustrated be- DERSON], a member of the committee. encourage the donation of food from cause a major national corporation in (Mr. GUNDERSON asked and was grocery stores, catering companies, or St. Joseph, which had made food dona- given permission to revise and extend food distributors to whatever food pan- tions in the past, had changed its pol- his remarks.) tries, soup kitchens, or other food serv- icy and decided to dispose of its day-old Mr. GUNDERSON. Mr. Speaker, I ice community organizations that bread and other foods rather than do- rise in strong support of the Bill Emer- might be there. nate them. son Good Samaritan Food Donation b 1020 The corporation had explained to Mr. Act. I want to commend our chairman, Martin, and others, that there were the gentleman from Pennsylvania [Mr. Bill, because of his health, was un- just too many different State laws gov- GOODLING], and I want to commend our able to testify at that hearing we held erning food donations. ranking member, the gentleman from on this legislation. That did not stop After speaking with Mr. Martin and Missouri [Mr. CLAY], and I certainly him from submitting testimony to the doing some research, I learned that the want to commend our colleague and committee. current patchwork of State laws has Bill’s colleague, the gentlewoman from And so today, even in his death, the been cited by many potential donors as Missouri [Ms. DANNER], for the leader- life and the legacy of Bill Emerson the principal reason so much food is ship all three of them have shown in lives on as we pass this important piece thrown away rather than given to food bringing this bill before us today. of legislation. I commend it to all of banks and food pantries for distribu- This bill epitomizes the life and the my colleagues. I thank my colleagues tion to the hungry. service and the philosophy of Bill Em- here for their leadership, and I thank Quite literally, Mr. Martin proved erson. This bill encourages charity Bill Emerson for giving all of us a that a single voice that is heard can with a touch of common sense. We too touch of sensitivity of the heart to make a difference for the millions of often in this House divide ourselves those in America and around the world voices that are not heard. into deep political and ideological con- who are hungry. It is, as a result of that research, flicts. On some things there cannot or Mr. GOODLING. Mr. Speaker, I yield that I decided to introduce the Good at least there ought to be any partisan such time as he may consume to the Samaritan Food Donation Act. gentleman from California [Mr. Recognizing Bill Emerson’s long- debate. The facts of poverty are one of MCKEON], the subcommittee chairman. standing support of issues relating to those. Some 38 million Americans lived in Mr. MCKEON. Mr. Speaker, I rise in the hungry I sought and received his poverty in 1995. Half of those are chil- support of H.R. 2428, the Bill Emerson enthusiastic support for the legisla- dren or senior citizens. One out of Good Samaritan Food Donation Act. tion. This is an important piece of legisla- It was Bill’s tireless effort in talking every four children in American soci- tion and so appropriately named for to members of the leadership, commit- ety today lives in poverty. The United States ranks 24th among all nations in our dear friend, Bill Emerson. tee and subcommittee chairmen, and H.R. 2428 is designed to encourage the other members of the Republican Party infant mortality. Bill Emerson was a conservative, but donation of food and grocery products that made this legislation a reality. Bill Emerson did not believe that con- to nonprofit organizations engaged in Once again, as so often in the past, Bill servatives ought to be insensitive to distribution of such items to the needy. Emerson would be responsible for see- the pain, the reality, and the needs of The bill will relieve concerns over li- ing that additional food would be made the less fortunate among us. As a re- ability that currently exist and that available to the hungry. deter companies and individuals from What started with but a single voice sult, Bill Emerson has had a history donating as freely as they would like. almost a year ago has now grown into during his 16-year service in the U.S. Bill Emerson had a keen interest in a chorus of support for the legisla- Congress of pushing programs to deal nutrition programs and spent a consid- tion—from organizations such as Sec- with hunger and to deal with poverty. erable amount of time focusing and ond Harvest, Foodchain, and Forgotten Whether it be the oceanic shores of Af- working to improve nutrition programs Harvest. rica or it be the river of Cape Simply put, we need a reasonable na- Girardeau, Bill Emerson pursued the during his congressional career. The tionwide law that eliminates confusion fight to end hunger wherever he saw it. Bill Emerson Good Samaritan Food and forges a stronger alliance between Many of us will know him as one of Donation Act compliments the existing the public and private sectors in this the ardent warriors on behalf of com- programs nicely by encouraging com- Nation. That is exactly what this bill modity donation programs. As he sat munity involvement in the effort to delivers. next to me on the House Committee on feed those in need. The Bill Emerson Good Samaritan Agriculture, he would often lean over Again, this bill is a fitting tribute to Food Donation Act will establish a uni- to his left, because that is the side I sat Bill Emerson who is already greatly form national law to protect organiza- on, and say, ‘‘GUNDERSON, can’t you get missed by this body. Enactment of this tions and individuals when they donate the Education and Labor Committee to legislation will ensure that his work food in good faith. just agree with us Agies on this com- will continue to be recognized, espe- A business should not have to hire a modity issue?’’ cially by those involved in efforts to legal team to interpret numerous State And of course when it came time to feed the needy, for many, many years laws so that it feels comfortable in reauthorize the Emergency Food As- to come. contributing food to the hungry. sistance Program, Bill Emerson was Mr. Speaker, I urge support for H.R. In the final analysis, perhaps the ul- the leader in seeing that it was there. 2428, the Bill Emerson Good Samaritan timate tragedy of hunger is that it is When it came time to deal with food Act. preventable. There is simply no excuse stamps, and many of us remember in Mr. CLAY. Mr. Speaker, I have no for any man, woman, or child in our the debate last year on welfare reform further requests for time, and I yield country to suffer the pangs of hunger. and on the budget reconciliation when back the balance of my time. Toward that end, this legislation will we talked about sending everything Mr. GOODLING. Mr. Speaker, again, bring some long overdue common sense back home, Bill Emerson said, ‘‘I am I commend the gracious gentlewoman into the system of laws governing food for sending it home, but there are cer- from Missouri [Mr. DANNER] not only donations. tain places where there has to be a na- for offering this legislation, but also I think we all agree, we can provide tional safety net.’’ Because of Bill Em- for honoring Bill Emerson and for her a better tribute to our dear, departed erson, there is no partisan debate any- very moving message this morning, not friend and colleague, Bill Emerson more about sending food stamps back only in memory of Bill, but I think a than to pass, in his memory, the Bill home. very moving message for the American Emerson Good Samaritan Food Dona- Now, one of Bill Emerson’s last fights people. I ask all to support the legisla- tion Act. is the legislation in front of us that he tion. H7480 CONGRESSIONAL RECORD — HOUSE July 12, 1996 Mr. CONYERS. Mr. Speaker, I have a num- rules and pass the bill, H.R. 2428, as HUTCHISON, Mr. INHOFE, Mr. SANTORUM, ber of serious reservations concerning H.R. amended. Mrs. FRAHM, Mr. NUNN, Mr. EXON, Mr. 2428. Although I am supportive of the impetus The question was taken; and (two- LEVIN, Mr. KENNEDY, Mr. BINGAMAN, behind the legislationÐencouraging private thirds having voted in favor thereof) Mr. GLENN, Mr. BYRD, Mr. ROBB, Mr. entities to donate food to nonprofit organiza- the rules were suspended and the bill, LIEBERMAN, and Mr. BRYAN, to be the tions who distribute food to the needyÐI ques- as amended, was passed. conferees on the part of the Senate. tion whether preempting traditional State law A motion to reconsider was laid on The message also announced that the prerogatives in this area is desirable. the table. Senate disagrees to the amendment of For more than 200 years tort law has been f the House to the bill (S. 1004) ‘‘An Act considered to be a State law prerogative. The to authorize appropriations for the States are in the best position to weigh com- GENERAL LEAVE United States Coast Guard, and for peting considerations and adopt negligence Mr. GOODLING. Mr. Speaker, I ask other purposes,’’ agrees to a conference laws which best protect their citizens from unanimous consent that all Members asked by the House on the disagreeing harm. The area of food donations is a good il- may have 5 legislative days within votes of the two Houses thereon, and lustration of this dynamic. According to the which to revise and extend their re- appoints from the Committee on Com- Congressional Research Service's American marks on H.R. 2428, the Bill Emerson merce, Science, and Transportation: Law Division, all 50 States have enacted spe- Good Samaritan Food Donation Act. Mr. PRESSLER, Mr. STEVENS, Mr. GOR- cial statutory rights concerning food donations. The SPEAKER pro tempore. Is there TON, Mr. LOTT, Mrs. HUTCHISON, Ms. Not surprisingly, the States have crafted a va- objection to the request of the gen- SNOWE, Mr. ASHCROFT, Mr. ABRAHAM, riety of liability rulesÐranging from those who tleman from Pennsylvania? Mr. HOLLINGS, Mr. INOUYE, Mr. FORD, subject all negligent parties to liability, to those There was no objection. Mr. KERRY, Mr. BREAUX, Mr. DORGAN, who limit liability only to grossly negligent or f and Mr. WYDEN; and from the Commit- intentional acts. tee on Environment and Public Works Unfortunately, with adoption of this bill, the RECESS for consideration of Oil Pollution Act House will be seeking to impose a one-size- The SPEAKER pro tempore. Pursu- issues: Mr. CHAFEE, Mr. WARNER, Mr. fists-all legal standard for food donors based SMITH, Mr. FAIRCLOTH, Mr. INHOFE, Mr. on the Model Good Samaritan Food Donation ant to clause 12 of rule I, the House stands in recess, subject to the call of BAUCUS, Mr. LAUTENBERG, Mr. Act, 42 U.S.C. Secs. 12671±12673, despite LIEBERMAN, and Mrs. BOXER, to be the the fact that since its enaction in 1990, only the Chair. Accordingly (at 9 o’clock and 25 min- conferees on the part of the Senate. one State has adopted the Model Act's lan- The message also announced that the guage. This is exactly the type of reckless fed- utes a.m.), the House stood in recess, subject to the call of the Chair. Senate had passed bills of the following eralism so many in Congress purport to op- titles, in which the concurrence of the pose. Worse yet, in federalizing this standard, f House is requested: Congress will be selecting the most lenient AFTER RECESS S. 640. An act to provide for the conserva- possible standard of negligence. In particular, tion and development of water and related I would note that the term ``gross negligence'' The recess having expired, the House resources, to authorize the Secretary of the is so narrowly defined that it may not include was called to order by the Speaker pro Army to construct various projects for im- a failure to act which one should have known tempore (Mr. TAYLOR of North Caro- provements to rivers and harbors of the would be harmful. I believe a standard so lina) at 11 o’clock and 12 minutes p.m. United States, and for other purposes; loosely drawn constitutes an open invitation to f S. 1745. An act to authorize appropriations harm to our poorest citizens. for fiscal year 1997 for military activities of I would also note that Congress is acting on MESSAGE FROM THE SENATE the Department of Defense, for military con- struction and for defense activities of the this measure at a time when there has been A message from the Senate by Mr. Department of Energy, to prescribe person- no demonstrated legal problem. There is no LUNDREGAN, one of its clerks, an- nel strengths for such fiscal year for the outbreak in frivolous litigation. The proponents nounced that the Senate had passed Armed Forces, and for other purposes; arguments for a uniform Federal standard are without amendment a bill of the House S. 1762. An act to authorize appropriations more based on anecdote than fact. of the following title: for fiscal year 1997 for military activities of the Department of Defense, to prescribe per- I am also concerned that to date the legisla- H.R. 2337. An act to amend the Internal sonnel strengths for such fiscal year for the tive process has completely bypassed the Ju- Revenue Code of 1986 to provide for increased Armed Forces, and for other purposes; diciary Committee, which traditionally has had taxpayer protections. S. 1763. An act to authorize appropriations primary jurisdiction for any tort law matters. The message also announced that the for fiscal year 1997 for defense activities of We should not be in such a rush to pass legis- Senate had passed with amendments in the Department of Energy, and for other pur- lation that we fail to consider the opinions of which the concurrence of the House is poses; and those Members with relevant expertise. requested, a bill of the House of the fol- S. 1764. An act to authorize appropriations It is because of concerns such as these that lowing title: for fiscal year 1997 for military construction the conference committee on H.R. 2854, the and for other purposes. H.R. 3230. An act to authorize appropria- Federal Agriculture Improvement and Reform tions for fiscal year 1997 for military activi- f Act of 1996, determined to reject adopting leg- ties of the Department of Defense, for mili- DEFENSE OF MARRIAGE ACT islation similar to that before us today. The tary construction, and for defense activities managers' statement to that legislation wrote: of the Department of Energy, to prescribe The SPEAKER pro tempore. Pursu- [t]he Managers declined to adopt a provi- personnel strengths for such fiscal year for ant to House Resolution 474 and rule sion that would convert the Model Good Sa- the Armed Forces, and for other purposes. XXIII, the Chair declares the House in maritan Food Donation Act (Pub. L. 101–610) The message also announced that the the Committee of the Whole House on to federal law. . . . While the Managers com- Senate insists upon its amendments to the State of the Union for the further mend the philanthropic intent of such legis- lation, the Managers understand possible im- the bill (H.R. 3230) ‘‘An Act to author- consideration of the bill, H.R. 3396. ize appropriations for fiscal year 1997 plications of preempting state laws and ac- b 1113 knowledge jurisdictional complications. See for military activities of the Depart- House Report 104–94 at 405. ment of Defense, for military construc- IN THE COMMITTEE OF THE WHOLE It is my hope that as the process moves for- tion, and for defense activities of the Accordingly the House resolved itself ward these and other problems can be ad- Department of Energy, to prescribe into the Committee of the Whole House dressed. personnel strengths for such fiscal year on the State of the Union for the fur- Mr. GOODLING. Mr. Speaker, I yield for the Armed Forces, and for other ther consideration of the bill (H.R. back the balance of my time. purposes,’’ requests a conference with 3396) to define and protect the institu- The SPEAKER pro tempore (Mr. the House on the disagreeing votes of tion of marriage, with Mr. GILLMOR in TAYLOR of North Carolina). The ques- the two Houses thereon, and appoints the chair. tion is on the motion offered by the Mr. THURMOND, Mr. WARNER, Mr. The Clerk read the title of the bill. gentleman from Pennsylvania [Mr. COHEN, Mr. MCCAIN, Mr. COATS, Mr. The CHAIRMAN. When the Commit- GOODLING] that the House suspend the SMITH, Mr. KEMPTHORNE, Mrs. tee of the Whole rose on the legislative July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7481 day of Thursday, July 11, 1996, all time Amendment No. 1 offered by Mr. FRANK of and instead require that they recognize each for general debate had expired. Massachusetts: Strike section 3 (page 3, line other's laws particularly as they set up con- Pursuant to the rule, the bill is con- 9 and all that follows through the matter fol- tractual obligations and to act as a nation. sidered read for amendment under the lowing line 24). If the State of Hawaii Supreme Court de- 5-minute rule. The CHAIRMAN. Pursuant to House crees that same sex marriages must be reg- The text of H.R. 3396 is as follows: Resolution 474, the gentleman from istered in the State, then, notwithstanding my H.R. 3396 Massachusetts [Mr. FRANK] and the contrary view, I shall defend it as the law. gentleman from Florida [Mr. CANADY] Be it enacted by the Senate and House of I would have preferred the enactment of a 1 Representatives of the United States of each shall control 37 ⁄2 minutes. domestic partner law. It would have provided America in Congress assembled, The Chair recognizes the gentleman all the protections that gays and lesbians have SECTION 1. SHORT TITLE. from Massachusetts [Mr. FRANK]. been seeking over the years. Failure of the This Act may be cited as the ‘‘Defense of Mr. FRANK of Massachusetts. Mr. State to assure gays and lesbians all the pro- Marriage Act’’. Chairman, I yield 31⁄2 minutes to the tections under the law require that we pass a SEC. 2. POWERS RESERVED TO THE STATES. gentlewoman from Hawaii [Mrs. MINK] domestic partner law. Unfortunately the State (a) IN GENERAL.—Chapter 115 of title 28, because this amendment deals with the of Hawaii Legislature chose not to pass a do- United States Code, is amended by adding section of the bill which would have a mestic partner law and in doing so left this after section 1738B the following: particularly negative impact on the matter for the courts to decide. ‘‘§ 1738C. Certain acts, records, and proceed- State of Hawaii. Under this bill, H.R. 3396, same sex mar- ings and the effect thereof Mrs. MINK of Hawaii. Mr. Chairman, riages, if and when allowed in Hawaii, will be ‘‘No State, territory, or possession of the I thank the gentleman for yielding. denied equal protection of the laws insofar as United States, or Indian tribe, shall be re- Mr. Chairman, I rise to state that I believe the Federal Government is concerned. Even quired to give effect to any public act, that the word marriage should be reserved to though it is a valid marriage in Hawaii as de- record, or judicial proceeding of any other man and woman. But I rise to state my un- cided by the Hawaii Supreme Court, these State, territory, possession, or tribe respect- equivocal opposition to H.R. 3396. It goes far ing a relationship between persons of the couples will not be allowed to be considered same sex that is treated as a marriage under beyond the defense of the institution of mar- as ``spouses'' when deciding such things as the laws of such other State, territory, pos- riage. It attacks the U.S. Constitution by allow- Federal retirement benefits, health benefits session, or tribe, or a right or claim arising ing States to ignore the ``full faith and credit'' under Federal programs, Federal housing ben- from such relationship.’’. clause. If same sex marriages are to be ex- efits, burial rights, privilege against testifying (b) CLERICAL AMENDMENT.—The table of cluded from this protection it must be done by against partner in Federal trials, visitation sections at the beginning of chapter 115 of a constitutional amendment. It cannot be done rights at hospitals by partners, rights to family title 28, United States Code, is amended by by statute. and medical leave to care for a partner, and inserting after the item relating to section First, I would like to point out that marriage 1738B the following new item: many more programs which allow special is not only a religious ceremony. A marriage is rights to spouses. This exclusion would be ex- ‘‘1748C. Certain acts, records, and proceed- also a ceremony presided over by a judge or ings and the effect thereof.’’. tremely destructive of the principle of States a justice of the peace. After the marriage cere- SEC. 3. DEFINITION OF MARRIAGE. rights in determining status. (a) IN GENERAL.—Chapter 1 of title 1, Unit- mony in a church the minister has the married Mr. Chairman, it is my regret that ed States Code, is amended by adding at the couple sign a marriage certificate in order to this issue has had to be raised before end the following: have it registered in the State Bureau of Reg- this body. It seems to me quite appar- ‘‘§ 7. Definition of ‘marriage’ and ‘spouse’ istrations. A marriage therefor is a State rec- ent that our court system is going to ‘‘In determining the meaning of any Act of ognized decree. A duly valid marriage in any yield a decision which will validate Congress, or of any ruling, regulation, or in- State is a marriage that is duly recognized in same-sex marriages. It may take sev- terpretation of the various administrative every other State. And despite the minister's eral years. It may require several more bureaus and agencies of the United States, statement during the wedding that this union is legislative sessions in orders to define the word ‘marriage’ means only a legal union ``until death do us part,'' marriages are broken this issue. But the court, in its pre- between one man and one woman as husband by the court, not by a church ceremony. Mar- vious decisions, said to the Attorney and wife, and the word ‘spouse’ refers only to riage is an instrument of the State. It may be General of my State unless there is a a person of the opposite sex who is a husband or a wife.’’. ordained by the church, but it is a decree of compelling State interest to rule oth- (b) CLERICAL AMENDMENT.—The table of the State, and it is dissolved by the State. erwise, this is what they intended to sections at the beginning of chapter 1 of title If in Hawaii the Hawaii Supreme Court de- do. 1, United States Code, is amended by insert- crees that the State of Hawaii Constitution re- Now, this is not a debate about reli- ing after the item relating to section 6 the quires that gays and lesbians be allowed to gion. It is a debate about a State proc- following new item: have a marriage recorded as a State decree, ess which has been in place in all of the ‘‘7. Definition of ‘marriage’ and ‘spouse’.’’. because to do otherwise constitutes discrimi- 50 States, granting to the States the The CHAIRMAN. No amendments nation, then same sex marriage will be the law right to issue licenses. It is not a mat- shall be in order except those specified of the State of Hawaii. ter of invasion of the prerogatives of in House Report 140–666, which shall be Under the U.S. Constitution, laws of one religion or the churches because long considered in the order specified, may State must be given ``full faith and credit'' by ago judges and justices of the peace be offered only by a Member designated every other State. Congress should not be en- were granted the power to also ordain in the report, shall be considered read, acting any bill to declare otherwise. If a State a marriage. shall be debatable for the time speci- decides not to honor the Hawaii Supreme What happens after the marriage fied, equally divided and controlled by Court decision it must justify its decision be- ceremony is that all parties must sign the proponent and an opponent, shall fore a court of law. This congressional bill can a marriage certificate application not be subject to amendment, and shall not answer questions as to whether this re- which is then certified by the State. So not be subject to a demand for division fusal by one State violates the ``full faith and it has become a matter which is im- of the question. credit'' of the U.S. Constitution. Congress can plicitly and explicitly a matter of in- It is now in order to consider amend- not pass a generic law to declare that every terpretation under our Constitution, ment No. 1 printed in House Report State may chose to ignore a duly decreed and our Constitution accords the rights 104–666. State court ordered decision. of civil rights to all parties. Under that We all know that Congress cannot amend interpretation, our State undoubtedly b 1115 the U.S. Constitution. It is a sham to pass a in several years will find itself having AMENDMENT OFFERED BY MR. FRANK OF bill that purports to amend the Constitution. to issue a ruling which authenticates MASSACHUSETTS When we took our oath of office here in the same-sex marriages. Mr. FRANK of Massachusetts. Mr. well of the House, we swore to defend the What is an affront by this legislation Chairman, I offer an amendment. Constitution from all enemies. is an effort to try to clarify and declare The CHAIRMAN. The Clerk will des- The full faith and credit clause of the U.S. by edict what the other 49 States shall ignate the amendment. Constitution was written by the framers of the or shall not do under the full faith and The text of the amendment is as fol- Constitution explicitly to prevent the 50 States credit clues. I believe that that is an lows: from acting as ``independent sovereign States'' invasion of the Constitution, if not an H7482 CONGRESSIONAL RECORD — HOUSE July 12, 1996 outright effort to amend the constitu- Federal purposes is taking something referendum or whether they do it by tional guarantees of full faith and cred- away from somebody. legislation, the Federal Government it, which was an effort by our Founding Yet here we have it. The red herrings will say to the State: Wrong, you can- Fathers to do away with this idea of 50 are flying. Yet we must be resolute. not do that as far as we are concerned. sovereign States and try to develop a This is an issue of fundamental impor- We, the Federal Government, will dis- concept of a Nation. tance to this country, to our families, allow that. While you can make a deci- Mr. Chairman, what we are doing to our children, and I would strongly sion for your State’s processes to allow today is to nullify that full faith and urge all of our colleagues to reject this same-sex marriage, we, the Federal credit clause to allow the State in its killer amendment which guts a very Government, will substantially over- own deliberations how it is to deal with important piece of legislation. rule that because we will say that is this issue once it is determined by my We all must stand up and say we sup- not a marriage as far as Federal law is State. port this. Enough is enough. We must concerned. But the further gravity of this situa- maintain a moral foundation, an ethi- As people understand, given today’s tion is that this body, is being asked, cal foundation for our families and ul- rule, Federal law has a lot to do with beyond that, this body is being asked timately for the United States of their lives, so as far as Federal income to take away rights that are accorded America. tax is concerned and Social Security every other citizen by Federal law in Mr. FRANK of Massachusetts. Mr. and pensions and other things, they determining retirement benefits, Chairman, I yield myself such time as will not be covered. health benefits, the rights to burial in I may consume. Now, let me talk a little bit person- a Federal cemetery, the rights to privi- Mr. Chairman, first a word on this ally. We have had some personal talks. lege in a Federal trial which is ac- amendment. What this amendment I would feel uncomfortable if I thought corded married couples not to have to aims at is the anti-States’ rights por- I was up here advocating something provide testimony against each other. tion of this bill. This bill has been that I thought would be directly bene- It is defining in a way contrary to the grossly misadvertised in several ways. fitting me. citizens of my State rights that will be One, it says that it is a defense of mar- I should say that Herb Moses, the accorded to every other citizen in this riage, and I will return to that. But it man I live with, already has my pen- country. It is a deprivation of the con- is a defense against a nonattack. sion rights. He has exactly the same cept of equal protection. Nothing in what Hawaii is about to pension rights I have. Zero. I do not We hear constantly in this body the say, namely probably sometime late pay into the pension. I am not a mem- need for States to be left alone to de- next year or early in 1998 allowing ber of the congressional pension sys- termine the rights of their citizens and same-sex marriages, nothing in that by tem, so Herb already has those pension the programs that they are is to en- any rational explanation would im- rights. dure. Here we have legislation, before pinge on marriages between men and That is not what I am talking about. anything is done in my State, that will women. Nothing whatsoever. I am talking about people less well fa- deliberately deny all of these rights The factors that erode marriages, the vored in society than I and other Mem- that are characterized by Federal law factors that lead to divorce, the factors bers. I am talking about working peo- by determining that what my courts that lead to abandonment and spousal ple, people who are working together, have decided does not apply under Fed- abuse, none of them have ever been at- pooling their incomes as many Ameri- eral legislation, and that is an extreme tributed to, in any significant degree, cans do that today in difficult situa- travesty against the whole principle of same-sex marriage. tions and economic circumstances, try- equal protection. But there is another ing to get back, and feeling a strong Mr. CANADY of Florida. Mr. Chair- misadvertisement. Proponents of the emotional bond to each other, deciding man, I yield 4 minutes to the gen- bill say it is necessary to keep other they would like to pool their resources tleman from Georgia [Mr. BARR]. States from having to do what Hawaii in a binding legal way. Hawaii says: We Mr. BARR of Georgia. Mr. Chairman, does. Now we should make clear that allow you to do that. This bill says: We I thank the gentleman for yielding. none of them think that is true. None overrule Hawaii. This bill says there Mr. Chairman, as Rome burned, Nero of them believe that, absent this bill, will be no States’ rights here. fiddled, and that is exactly what the any other State would be compelled to Mr. Chairman, what the other side of gentlewoman and others on her side do what Hawaii does. I stress that the aisle believes on the whole is the who spoke yesterday and last night again. Every single sponsor of this bill right of the States to follow what they would have us do. Mr. Chairman, we believes as I do that the States already think is correct. There is nothing new ain’t going to be fooled. have the right that this bill gives about this. When it comes to tort re- The very foundations of our society them. form, they will tell the States what to are in danger of being burned. The Mr. Chairman, this is a bill which do. When it comes to a whole range of flames of hedonism, the flames of nar- conveys on the press the right to write areas, they will tell the States what to cissism, the flames of self-centered mo- articles. This is a bill which conveys on do. rality are licking at the very founda- individuals the right to go to syna- I do not think there is any principle tions of our society: the family unit. gogues on Saturday, church on Sunday, I have ever seen more frequently enun- The courts in Hawaii have rendered a mosques on Friday. This is a bill to do ciated and less frequently followed decision loud and clear. They have told what the people in charge of the bill than States’ rights from the Repub- the lower court: You shall recognize think is already there. That is why we licans. What they mean is that the same-sex marriages. What more does it understand it to be purely political. States will do whatever they tell them take, America? What more does it That is why a Supreme Court decision to do. take, my colleagues, to wake up and in Hawaii from 1993 which will not be Mr. Chairman, I do not claim to be a see that this is an issue being shouted made final probably until 1998 comes States’ rights advocate. I think there at us by extremists intent, bent on up in 1996. It is a declaration that the are times, given a national economy, forcing a tortured view of morality on States have the rights that they al- when a national uniform solution is the rest of the country? ready have coming a few months before the only sensible one, but this is not Yet, I suppose only in the Congress the Presidential election. one of them. I want to be particularly would we have people take the well and But there is another place of it. They clear now. People talk about their mar- say that a provision that guarantees by say this is a States’ rights bill and it is riages being threatened. I find it im- law that each State retains its right to to prevent another State from having plausible that two men deciding to decide this issue is taking something to do what Hawaii does. It has a second commit themselves to each other away from the States. I suppose only in and only operative section, and that threatens the marriage of people a cou- the Congress would we have people section says if Hawaii or any other ple of blocks away. I find it bizarre, take the well and say that a law that State decides to allow same-sex mar- even by the standards that my Repub- simply guarantees the status quo in riage by whatever means, whether they lican colleagues are using for this po- terms of the definition of marriage for do it by court decision or by popular litical argument here, to tell me that July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7483 two women falling in love in Hawaii, as gally responsible for each other. Can I on to something wholly unrelated, po- far away as you can get and still be get to the point where if one of us gets lygamy, and attack the unrelated one, within the United States, threatens the very ill we will be protected in our it is because they cannot think of any marriage of people in other States. ability to undertake financial respon- arguments to attack the first one. That is what this bill says: Do not sibilities? Can we buy property jointly? Yes, it is true polygamy as an option worry, you people in Massachusetts Can we do the other things that people for heterosexuals would weaken the and Nebraska and Wyoming and Texas do? Can we decide that one will work current option of monogamous hetero- and California. The Federal Govern- and one might be in child rearing, sexual marriage. That is why I do not ment is running to the rescue. You say there are people who have children in know anyone who is advocating polyg- your marriage is in trouble? You say these relationships. That is what they amy. Why are they then debating po- there are problems with divorce? are asking for. lygamy? Because they are cannot It would seem to be clear that di- What kind of an almost totalitarian argue over here. vorce does more to dissolve marriages notion is it to say that whatever the There is a story about a guy who is than gay marriages. It is extraordinary Government permits, it sanctions and on his hands and knees under the to have people talking about how mar- approves? That is what is clear. Yes, streetlight, and he is walking around, riage is in peril. When the gentle- there is a role for morality in Govern- looking around. Somebody stops to woman from Colorado [Mrs. SCHROE- ment. Of course there is. The Govern- help him, says, what is the matter. He DER] wanted to offer amendments deal- ment has an absolute overriding duty said, I lost my watch. He said, I will ing with divorce, she was ruled out of to enforce morality in interpersonal re- help you. After 5 minutes, he said, gee, order. lations. We have a moral duty to pro- I do not think your watch is here. He The gentleman from Oklahoma said tect innocent people from those who said, I know, I did not lose it over here. the Bible speaks ill of homosexuality, would impose on them. That is a very He said, why are we looking here and it does. There are also strong pas- important moral duty. under the streetlight. He said, well, the sages in the Bible that say if couples But is it the Government’s duty to light is better. They want to debate po- get a divorce and remarry, they have say, divorce is wrong and there are lygamy because the argument is bet- violated the rules. There are religions strong biblical arguments that say if ter. But there are no arguments about that do not allow people who have been you are divorced, you should not re- same-sex marriage. divorced to remarry. There are reli- marry. And should the Government I have asked Member after Member gions that make divorce very, very dif- then put obstacles in the way? No. who is an advocate of this bill, how ficult: Roman Catholics, Orthodox What we say in this society is, religion does the fact that two men live to- Jews, and others. has its place. If you want a religious gether in a loving relationship and I believe that those religions have ceremony, if you want to be married as commit themselves in Hawaii threaten every right to say if couples get di- Roman Catholic, if you want to be your marriage in Florida or Georgia or vorced, if they take this oath and say married by orthodox Jewish rabbis, if wherever? And the answer is always, it is a lifetime solemn oath and then you want to be married by other well, it does not threaten my marriage, they dissolve, for whatever reason, groups, you better abide by their rules. it threatens the institution of mar- they find someone else more attrac- But if you as an individual say, I do not riage. That, of course, baffles me some. tive, they get tired of each other, we love that person anymore, I am walk- Institutions do not marry. They may will make it difficult for them to dis- ing out, I am tired, I want a new hus- merge, but they do not marry. People solve those bonds as we put them on band, I want a new wife and, therefore, marry, human beings. Men and women and we will not allow them to remarry. I dissolve it, no fault divorce, leave me who love each other marry. And no one That is a right we should fight for out, and I want to remarry, civil law who understands human nature thinks every religion to have, but there are allows you to do that. that allowing two other people who clearly Members in this Chamber, sup- Does civil law say that is a good love each other interferes. porters of this bill, who do not think thing? Does civil law, by allowing you Is there some emanation that is that biblical injunction should be civil to divorce and remarry, say, good, we given off that ruins it for you? Gee, Ha- law. There are people who believe that approve of that, we sanction your waii is pretty far away. Will not the that biblical injunction that says if walking out on that marriage and ocean stop it? Are those waves that un- couples divorce, they shall not re- starting a new one? No, what civil law dercut your marriages? People who are marry, should be disregarded by those says is, in a free society that is a divorced, I had one of my colleagues who wish to disregard it; that the reli- choice you can make. We will require, say to me, I have been divorced a cou- gion should not have the right to en- I hope, that you pay up any obligation ple of times. I was feeling guilty about force them, but individuals should have you have to the children who were the it, but now I know it was your fault, he the right under civil law to make alter- product of the first marriage. We do told me. He said, the Republicans have nate choices. That is all we are talking not do that well enough. explained it to me. That is why I have about here. But beyond that we leave that been married three times. You did it to People say, well, we do not want to choice. And that is all we are talking me. have State sanctions. Let me talk about. No one is asking for sanction- He said, the next time I have an ar- about that. I am very puzzled by the ing. In particular, what we are saying gument with my wife, I am going to antilimited Government notion that is, if the State of Hawaii and, by the blame you. And I guess that is what we brings out. way, if you were going to pick a State do because it has got to be some mys- less likely to infect others, I am still b terious emanation. And apparently it 1130 trying to understand, I said, what is it is such a powerful emanation that it I have not had people come to me and about two men living together that crosses oceans. say, I am in love with another woman, threatens marriage? The people who Hawaii, let me ask my friend, how I want to get married because I really denigrate marriage are the people who many miles, 3,000? How many miles is want to have State sanction. I want to argue that marital bonds are so fragile Hawaii from here? It is 5,000 from here, know that the gentleman from Florida, between man and woman that knowing 5,000 miles away. My friend, the gen- the gentleman from Georgia, that they that two men can marry each other tleman from Hawaii, my friend, the really like me. No one has come for- will somehow erode them. How could gentlewoman from Hawaii, what power ward and said, can you please arrange that be? they have. They allow same sex mar- so that the Republican Party and the We heard one argument about it yes- riage in Hawaii and 5,000 miles away, House of Representatives will express terday. He said, well, it might lead to marital bonds will crumble. That their approval of my lifestyle. That is polygamy. I am a student of legislative seems pretty silly, but that is what the not a request I have ever gotten nor ex- debate. Let me make one very clear bill says. pect to get. point. When people get off the subject, All I am saying here is, and by the What people have said is, can I regu- allowing Hawaii to have gay marriages way, I agree each State ought to be larize this relationship so we are le- without penalizing them federally, and able to decide for itself. That is not H7484 CONGRESSIONAL RECORD — HOUSE July 12, 1996 what this amendment is about. I be- Mr. CANADY of Florida. Mr. Chair- ification, that a valid marriage must lieve the States already have that man, I yield 5 minutes to the gen- be between one man and one woman. right. I am not even touching in this tleman from Wisconsin [Mr. SENSEN- There never has been any reason to amendment the part of the bill that BRENNER]. make this implicit understanding ex- does it. Mr. SENSENBRENNER. Mr. Chair- plicit until now. If Hawaii legalizes This amendment says, if the State of man, I rise in opposition to the amend- same-sex marriage, which the gentle- Hawaii by any reason whatsoever de- ment offered by the gentleman from woman from Hawaii [Mrs. MINK], says cides to allow gay marriage, we, the Massachusetts, [Mr. FRANK]. This is is going to happen, then the basic qual- Federal Government, will treat mar- not a States rights amendment. This ification is altered. riages that Hawaii validates the same amendment would allow the will of Consequently, section 3 of the De- as we treat others. The answer is, that Congress to be usurped by three jus- fense of Marriage Act amends the Unit- will be sanctioning gay marriage, as if tices on a divided Hawaii Supreme ed States Code to make it clear for pur- the Federal Government sanctions, Court. poses of Federal law marriage means what, many divorces and remarriages. In rebuttal to the argument made by what Congress intended it to mean, We have no-fault divorces. People walk the gentlewoman from Hawaii [Mrs. that is, a legal union between one man out for no good reason. That is an un- MINK], the Justice Department, headed and one woman as husband and wife. fortunate trend. We ought to try and by Janet Reno, not one of ours but one Congress certainly has the authority change it. But scapegoating gay men of yours, has twice said that the De- to define qualifications, conditions and and lesbians for the failure of mar- fense of Marriage Act is constitutional. obligations surrounding the applica- riages in this society is very good poli- It is time for the Congress to define the tion of Federal law and the disburse- tics but very terrible social analysis. full faith and credit clause, what the ment of Federal benefits. Exercising That is what we are talking about. Constitution allows us to do, and that such authority is not uncommon. When I am simply saying here, I do not is what this bill proposes. Congress voted on Federal laws that know of another State that is even As was stated several times during conferred benefits on married persons, close to Hawaii in doing this. Hawaii the debate yesterday, this act is nec- I do not think that Congress ever con- will probably do it in about a year. No essary because of a concerted effort on templated their application to same- other State is doing it. Are you that the part of homosexual activities to sex couples. I do not think the Amer- desperate for a political issue that you win the Hawaii case and then to impose ican people did either. Should we not reach out this far? We have in the law the decision on every other State by a let the American people and their something called long-arm statutes. lawsuit invoking the full faith and elected Representatives, as opposed to This is a real long-arm statute. This credit clause. My colleagues do not a sharply divided Hawaii court, decide reaches from the politics of Washing- have to take my word for it. I would whether we should alter the fundamen- ton, DC, 5,000 miles out to Hawaii, and like to reiterate the words from a tal definition of marriage recognized says, how dare you let two women ex- memo written by the director of the by civilizations for thousands of years press the love they feel for each other Marriage Project of the Lambda Legal and always presumed by the U.S. Con- in a legally binding way because that is Defense and Education fund, a gay gress? all we are talking about. We are talk- rights group. This memo is entitled, Gay rights groups are scheming to ing about nothing that undercuts het- ‘‘Winning and Keeping Equal Marriage manipulate the full faith and credit erosexual marriage. We are talking Rights: What will Follow Victory in clause to achieve through the judicial about nothing that promotes divorce, Baehr v. Levin,’’ unquote. On page 2 of system what they cannot obtain nothing that would encourage spousal this memorandum it is written, ‘‘Many through the democratic process. I do abuse, nothing that would encourage same-sex couples in and out of Hawaii not think that Congress should be neglect of children. None of that. are likely to take advantage of what forced by Hawaii’s State court to rec- We are talking about an entirely un- would be a landmark victory. The ognize a marriage between two males related subject. The arguments are, great majority of those who travel to or between two females. Congress did therefore, so weak that, as I said, we Hawaii to marry will return to their not pick that fight. The groups that get into polygamy and other unrelated homes in the rest of the country ex- filed suit in Hawaii did. issues. pecting full recognition of their We are simply responding to an un- If Members are really telling me they unions.’’ precedented overt effort to impose one do not understand the difference be- It is important to remember that State’s marital rules on the rest of the tween a polygamous heterosexual rela- this gay activist scheme may not only Nation. tionship and a monogamous homo- affect every other State but the Fed- We have enough problems financing sexual relationship, then they are eral Government as well. The Federal our Social Security trust funds. If the confessing a degree of confusion that I Government currently extends bene- amendment of the gentleman from guess I would be embarrassed to con- fits, rights, obligations and privileges Massachusetts [Mr. FRANK] is adopted, fess. on the basis of marital status. These there will be a huge expansion of the All this amendment says is, and let include Social Security survivor and number of people eligible to receive us be clear on this amendment, no ar- Medicare benefits, veterans’ benefits, Medicare survivor benefits. We should gument about protecting one State Federal health, life insurance and pen- decide that by ourselves, not by Hawaii from another State is relevant. To the sion benefits and immigration privi- court. extent that this bill has any role in leges. Mr. FRANK of Massachusetts. Mr. protecting one State from another In fact, the word marriage appears Chairman, I yield myself 1 minute to State, this amendment leaves it de- more than 800 times in Federal stat- address one point on what the gen- tached. utes and regulations, and the word tleman from Wisconsin said. He made a What this says is simply, if Hawaii spouse appears over 3,100 times. How- point a couple of times to the effect does it, we will recognize what Hawaii ever, these terms are never defined in that this is a Hawaii Supreme Court does. And we will not falsely claim the statutes and regulations. This bill decision. He said it should be elected that multiple divorces and remar- proposes to do so. representatives. riages, spousal abuse, child neglect, all Because this United States Code does The second version of this amend- of those problems, and economic stress not contain a definition of marriage, a ment says that we will recognize mar- and others things that cause stress in State’s definition of marriage is regu- riages so declared by States if they are marriages, nobody will argue that let- larly utilized in the implementation of done democratically by legislation or ting two women love each other in Ha- Federal laws and regulations. Such def- by referenda. waii in any way, shape, or form threat- erence is possible now because of the I would yield to the gentleman. ens that. That is the vote I will be ask- differences, because the difference in Would that make any difference in his ing Members to take. State marriage laws, although numer- argument? Mr. Chairman, I reserve the balance ous, are relatively minor. Every State Mr. SENSENBRENNER. Mr. Chair- of my time. concurs in the most basic marital qual- man, will the gentleman yield? July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7485 Mr. FRANK of Massachusetts. I yield gentlewoman from California [Ms. tional definition of marriage without to the gentleman from Wisconsin. HARMAN]. subjecting same-sex couples to bias or Mr. SENSENBRENNER. Mr. Chair- (Ms. HARMAN asked and was given harassment. It is our duty in this Con- man, at least in terms of Federal bene- permission to revise and extend her re- gress to affirm what is good in our so- fits, to me, no. marks.) ciety. We need this so much. As special Mr. FRANK of Massachusetts. Mr. Ms. HARMAN. Mr. Chairman, I real- interest pressure increasingly demands Chairman, I thought so. ize that my views are likely to be in a tolerant and fluid definition of mar- Mr. SENSENBRENNER. I think Con- the minority, as well as unpopular, but riage, we progressively attempt to re- gress should decide whether the domes- this is not the first time I have come to define marriage to fit social trends. tic spouses of gays and lesbians should the well to stand up for what I believe Traditional marriage, however, is a get Social Security survivor benefits. in, and it will not be the last. house built on a rock. As shifting sands Mr. FRANK of Massachusetts. Mr. Mr. Chairman, our Nation faces of public opinion and prevailing winds Chairman, reclaiming my time, one many pressing and critical problems: of compromise damage other institu- point on legislative debate, when peo- The size of the Federal deficit and its tions, marriage endures, and so must ple use arguments they do not really effect on our international competi- its historically legal definition. This mean, that is an indicator. The gen- tiveness; threats from rogue nations bill will fortify marriage against the tleman from Wisconsin made a big and terrorists armed with chemical, bi- storm of revisionism, so I urge all of point of saying, we cannot do it if Ha- ological, and small nuclear weapons; a my colleagues to support this very waii does it by court, if they do not do deteriorating public infrastructure; the good bill, the defense of marriage act. it democratically. decline in the quality of public edu- Mr. FRANK of Massachusetts. Mr. Chairman, I urge Members to batten b 1145 cation, to name just a few. Yet, this body is embarked today on an extended down, because I yield 4 minutes and 30 When I mentioned an amendment debate of a nonproblem, an issue which seconds to the gentleman from Hawaii that would allow that, it is, oh, never the States themselves are fully capable [Mr. ABERCROMBIE], and we all know mind. Do not use arguments you do not of handling without the interjection of what power Hawaii has, so get ready. mean. Do not make up arguments. the views of Congress. (Mr. ABERCROMBIE asked and was That does not help the debate. In fact, this issue already has been given permission to revise and extend Mr. SENSENBRENNER. Mr. Chair- carefully considered by the legisla- his remarks.) man, I demand the gentleman’s words tures, the legislatures of 34 States. Mr. ABERCROMBIE. Mr. Chairman, I be taken down. He has impugned my Today, we debate legislation of ques- thank the gentleman for yielding time motives. tionable constitutionality, legislation to me. The CHAIRMAN. The gentleman Mr. Chairman, as long as Hawaii has in which we ‘‘authorize’’ the States to from Massachusetts will be seated. this incredible power to be able to ignore the dictates of the full faith and mandate whatever it decides on the b 1152 credit clause of the Constitution. Yet rest of the Nation, I wan thinking that Mr. FRANK of Massachusetts. Mr. what is clear from the sparse history perhaps we could mandate the Hawaii Chairman, I ask unanimous consent to on the full faith and credit clause is health care system for the other 49 proceed out of order for 1 minute. that whatever powers the States have States, so that we would not have to The CHAIRMAN. Is there objection to have to reject the decision by an- worry about national health care, and to the request of the gentleman from other State are directly derived from we would mandate the weather, if we Massachusetts? the Constitution. Nothing Congress can could, but I think that is even beyond There was no objection. do by statute either adds to or detracts our powers. Mr. FRANK of Massachusetts. Mr. from that power. Congress cannot There is a serious note to be engaged Chairman, in a spirit of conciliation, grant a power to the States which, in here, because the amendment of- even though my plane is not until Sun- under the Constitution, the Congress fered by the gentleman from Massachu- day, but I know others have quicker itself does not have or control. setts [Mr. FRANK] has to do with the ones, I would make it clear that my In addition, Mr. Chairman, today, we definition. If Members are in fact in- point was that I believe when Members debate legislation designed to divide tending to define marriage nationally are debating, they should be careful to and ostracize individuals and to ad- in the terms that have been related in use arguments which are genuinely vance or protect interests which are the debate so far, they have indicated central to their point. And I was ad- hardly threatened. As some of my col- it is an institution in which we have a monishing people about what I think is leagues have already said, what is by secular, sacred duty to maintain the the tendency to use arguments that are far the weakest part of this bill is its union between a man and a woman. not central, and particularly, I think it title. But that is not accidental. This If that is the case, and Members real- is a mistake for people to use an argu- bill reflects a calculated political judg- ly intend to do this, and we are sincere ment and then, when that argument is ment that wedge issues can be used to about covering this as a national defi- met by a change in the legislation, dis- paint individuals in our society, as well nition of marriage, then why do Mem- regard it. That is what I was intending as Members of this Chamber. This bill’s bers not have a national divorce clause to imply accelerated consideration in this House in here as well, forbidding it? Where I believe that the second amendment was, unfortunately, part of that politi- are the criminal penalties associated that I have offered meets part of the cal agenda. Whatever Hawaii finally with adultery? I have heard a continu- argument that was made, and I always decides will be years off, so what is the ous drumbeat from some Members here find it frustrating when people make rush? about this union of a man and a an argument and an amendment is This is a sad day when partisan polit- woman. If that is the case, I presume, then offered which meets that argu- ical considerations once again upstage then, Members are going to forbid di- ment and that is disregarded. careful deliberations designed to ad- vorce and most certainly impose pen- The CHAIRMAN. Does the gentleman dress the Nation’s important chal- alties with adultery. But I do not see it from Wisconsin [Mr. SENSENBRENNER] lenges. in here. seek recognition? I urge my colleagues to stand up and There appear to be circumstances in Mr. SENSENBRENNER. With that reject this divisive, untimely, and pos- which this union of a man and woman explanation, Mr. Chairman, I withdraw sibly unconstitutional bill. can take place in the context of mar- my demand that the gentleman’s words Mr. CANADY of Florida. Mr. Chair- riage again and again and again. I am be taken down. man, I yield 1 minute to the gentle- not quite sure how the transition is The CHAIRMAN. The gentleman woman from California [Mrs. made in Members’ definitions, but that withdraws his demand. SEASTRAND]. is what takes place, all of this within The gentleman from Massachusetts Mrs. SEASTRAND. Mr. Chairman, I the context that this deficition has to may proceed in order. rise in strong support of the Defense of be made in a national context, because Mr. FRANK of Massachusetts. Mr. Marriage Act. As a cosponsor of this of what may or may not happen in Ha- Chairman, I yield 21⁄2 minutes to the bill, I believe it reinforces the tradi- waii. H7486 CONGRESSIONAL RECORD — HOUSE July 12, 1996 But what is left out of this is that Mr. BUYER. Mr. Chairman, permit can’t imagine that two people who sim- the Federal law over and over again, as me to be theological and philosophical, ply want to exercise a basic human stated as recently as 1992, and I am for a moment. I believe that as a peo- right to marry, a right our society en- quoting the Supreme Court, ‘‘Without ple, as a people, as a God-fearing peo- courages could be denied. I can’t imag- exceptions, domestic relations have ple, at times, that there are what are ine that two people could make a com- been a matter of State, not Federal, viewed, what I believe are called de- mitment to spend the rest of their lives concern and control since the founding praved judgments by people in our soci- together—and never be allowed to have of the Republic.’’ ety. They come in all forms of sin. We that commitment recognized under the In this particular instance, it is the learn that early on. law. State constitution in Hawaii that is I believe that the first creature of Because, you see, for many years, the grounds for the suit in Hawaii. The God and the words of the first days was gay couples have made a commitment State constitution in Hawaii has par- the light of sense. We refer to it as to spend their lives together. They ticular references to the right of pri- God-given common sense. The last, per- have spent years building a life to- vacy and equal protection that are not haps, was the light of reason. His Sab- gether, through good times and bad. found in other constitutions in other bath work ever since has been the illu- Yet, if a gay man becomes gravely ill, States. Therefore, it does not apply. mination of his spirit, the Holy Spirit. his partner is not allowed to visit him Members should vote for the amend- Above me it reads, ‘‘In God we in the hospital. A gay couple can share ment offered by the gentleman from trust.’’ It says, ‘‘In God we trust.’’ I be- houses, cars, bank accounts, yet one Massachusetts [Mr. FRANK] because lieve that God breatheth light into the partner cannot inherit a single thing if even if there is a ruling in Hawaii, it face of chaos and into the face of man- the other dies without a will. Further- does not therefore follow that Penn- kind to deliver his word to others who more, no matter how long they are to- sylvania or Florida or Illinois or any of do not see the light of day, who do not gether, a gay couple cannot share med- the other States have to follow it at follow the word of God. ical and pension benefits. all, unless there are similar provisions, Mr. Chairman, we are a nation of This bill denies a group of Americans and there are judges that would make people, a society based upon very a basic right because they lead a dif- decisions based on similar interpreta- strong Biblical principles. To lead a ferent lifestyle. We must be careful tions of similar provisions in Members’ Nation at moments of chaos through when we make legislative determina- own State constitutions. the storm, you rely on God-given prin- tions on who is different. If gay people The attorneys for the coules that ciples for that. He shineth the light are considered ‘‘different’’ today, who came into court in Hawaii have stated into our face. is to say your lifestyle or my lifestyle again and again that it is the particu- We as legislators and leaders for the will not be considered different tomor- lar provisions of the Hawaii State Con- country are in the midst of a chaos, an row? This bill also challenges one of the stitution that they are refering to, so attack upon God’s principles. God laid most basic tenets of the Constitution: it is disingenuous at best for those who down that one man and one woman is a the ‘‘full faith and credit’’ clause. This want to maintain that this amendment legal union. That is marriage, known country is great because people take is something that should be voted for for thousands of years. That God-given for granted that the laws of one State to indicate that unless we have this principle is under attack. It is under bill today, and unless we defeat the are honored by the other States—re- attack. There are those in our society gardless of whether or not one State amendment of the gentleman from that try to shift us away from a society likes another State’s laws. We have not Massachusetts [Mr. FRANK], Members based on religious principles to human- been able to pick and choose for the are going to be forced to accept what istic principles; that the human being past two centuries and now is not the was a result of a court decision in Ha- can do whatever they want, as long as time to start. waii, if it happens to go that way. it feels good and does not hurt others. Our society encourages and values a The State is disputing this at the When one State wants to move to- commitment to long-term present time, and may prevail. So un- wards the recognition of same-sex mar- monogamous relationships—and we less someone who is in favor of the bill riages, it is wrong. The full faith and honor those commitments by creating can tell me how the U.S. Constitution credit of the Constitution would force the legal institution of marriage. reflects the specific provisions in the States like Indiana to abide by it. We If we then deny the right of marriage Hawaii State Constitution, which ex- as a Federal Government have a re- to a segment of our population, we de- tend beyond the Federal Constitution sponsibility to act, and we will act. value their commitment without com- the right of privacy and the equal pro- b 1205 pelling reasons but simply because we tection based on gender, unless they don’t like their choice of partners. We can explain that, I do not see how Mr. FRANK of Massachusetts. Mr. can’t have it both ways. 1 Members can deny the validity of the Chairman, I yield 2 ⁄2 minutes to the Protecting everyone’s right to make amendment offered by the gentleman gentleman from Massachusetts [Mr. a legal commitment to another is a de- from Massachusetts. MEEHAN]. fense of marriage. This bill denies cer- I would yield to anybody who can ex- The CHAIRMAN. I might advise the tain persons that right. It is an attack plain to me how the U.S. Constitution, Members, the gentleman from Massa- on gay men and women. Therefore, I which only deals by implication with chusetts [Mr. FRANK] has 11 minutes urge my colleagues to vote against it. the Hawaii State Constitution, will remaining and the gentleman from Mr. CANADY of Florida. Mr. Chair- somebody please tell me how the U.S. Florida [Mr. CANADY] has 27 minutes man, I yield 3 minutes to the gen- Constitution and the Hawaii State remaining. tleman from Texas [Mr. DELAY]. Constitution are comparable in these Mr. MEEHAN. Mr. Chairman, today Mr. DELAY. Mr. Chairman, I want to two respects, which is the basis for the we are debating a bill that purports to offer my congratulations to the gen- suit in Hawaii? defend marriage. I have been thinking tleman from Massachusetts on his up- There are constitutional experts. Do a lot about this legislation this week coming wedding tomorrow. I did not not look puzzled. Members know per- because tomorrow, I am getting mar- know he was getting married tomor- fectly well what I am talking about. ried. My finance and I are going to vow row. I think that is wonderful. I wish There is a right to privacy in Hawaii, to spend the rest of our lives together— him all the best and a wonderful fu- there is no discrimination based on no matter what lies ahead. For that ture. gender in the Hawaii State Constitu- commitment, we will enjoy all the Mr. Chairman, I think this piece of tion, which does not appear in the U.S. rights and privileges the Government legislation is very timely and very im- Constitution except by implication, if bestows on married couples—from tax portant, and I commend the gentleman Members make the argument. In other breaks to Social Security benefits. from Florida [Mr. CANADY] and the gen- words, I get no response. I can’t imagine that my fiance and I tleman from Georgia [Mr. BARR] for Mr. CANADY of Florida. Mr. Chair- could make such a momentous decision bringing it to the floor. man, I yield 2 minutes to the gen- to wed—and then have the Government Many people are questioning why we tleman from Indiana [Mr. BUYER]. step in and say no, you can’t do that. I are bringing it to the floor today but, July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7487 Mr. Chairman, to me the answer is it attach a great deal of weight to be- amendment. I oppose the amendment very clear. Polls in Hawaii and across cause when I offer an amendment and support the underlying bill. this country show that the majority of which obviates it, it would not make Mr. CANADY of Florida. Mr. Chair- the people of this country do not sup- any difference. man, I yield 21⁄2 minutes to the gen- port legalizing same-sex marriage. Mr. Chairman, I yield 1 minute to the tleman from North Carolina [Mr. However, despite the will of the legisla- gentleman from Connecticut [Mr. FUNDERBURK]. ture in Hawaii, three judges are about GEJDENSON]. Mr. FUNDERBURK. Mr. Chairman, to rule otherwise. Now the Lambda Mr. GEJDENSON. Mr. Chairman, people in my district in North Carolina Legal Defense Fund, an organization there were times and there may still be are outraged by the possibility that that is pushing very hard for the legal- times in this country today where our State might be forced to recognize ization of gay and lesbian marriage, is there are States where you can get same sex marriages performed in other advertising their intent to use the Ha- married if you are 14 or 15. In my State States. They are outraged that their waiian Supreme Court ruling to force that is statutory rape. There were tax money could be spent paying veter- other States to recognize gay and les- times in this country where in many an’s benefits or Social Security based bian marriages. States it took years to get a divorce, on the recognition of same-sex mar- I would just like to read the quote, sometimes almost impossible. People riages. Homosexuals have been saying and this is from a publication of Lamb- could fly to I think Las Vegas and they only want tolerance—now it is da Legal Defense Fund: other places and get a divorce almost clear they have been less than honest. Many same-sex couples in and out of Ha- overnight. We did not rush to the floor They already have tolerance but are waii are likely to take advantage of what to ban those actions, to make them not aiming for government and corporate would be a landmark victory. The great ma- apply to the State where the individual mandated acceptance. The Boy Scouts jority of those who travel to Hawaii to is a resident. of America are under legal attack in marry will return to their home in the rest What we face here is a challenge of of the country expecting full legal recogni- the States which have special rights the majority party, the Republicans, for sexual orientation. The Scouts, a tion of their union. and the failure of their entire agenda, This is not a partisan issue, Mr. private group, are being told to aban- and they need a new scapegoat. To try don their moral code of 80 years and to Chairman. The threat posed by the rul- to salvage their political tailspin, we ing in Hawaii is recognized by Members place young boys under homosexual are here on the floor today trying to men on camping trips—or face finan- of both sides of the aisle. pick on the powerless. The politics The bill before us is very simple. cial ruin. If homosexuals achieve the works very well. It is not popular out power to pretend that their unions are First it honors the State’s right to de- in the countryside. It is a difficult cide its own position on the legaliza- marriages, then people of conscience issue for most Americans to deal with. will be told to ignore their God-given tion of same-sex marriage. Second, it But if we want to protect families, says that for Federal purposes, mar- beliefs and support what they regard as then we ought to give families health immoral and destructive. riage is the legal union between one care. If we want to protect families, we As the Family Research Council man and one woman. The Frank need to protect their pensions. If we points out: Homosexuality has been amendment strikes that. This bill does want to protect families, we ought not discouraged in all cultures because it is not tell people what they can or cannot be raiding Medicare to give tax breaks inherently wrong and harmful to indi- do in the privacy of their own homes. to billionaires. If we want to protect viduals, families, and societies. The It simply says it is not right to ask the families, we need to protect their pen- only reason it has been able to gain American people to condone it. sions, not to come here today with a such prominence in America today is As a father and an observer of this show-stopper that does very little to the near blackout on information culture, I look ahead to the future of protect families and I doubt will get about homosexual behavior itself. We my daughter and wonder what building the political gain that many are seek- are being treated to a steady drumbeat a family will be like for her. We saw ing in this legislation. of propaganda echoing the stolen rhet- startling statistics in 1992 that told us Mr. CANADY of Florida. Mr. Chair- oric of the black civil rights movement that Dan Quayle was right. Children do man, I yield 2 minutes to the gen- and misrepresenting science. Now ac- best in a family with a mom and a dad. tleman from Pennsylvania [Mr. tivists are demanding that society ele- We need to protect our social and GEKAS]. moral foundations. Mr. GEKAS. I thank the gentleman vate homosexuality to the moral level We should not be forced to send a for yielding me this time. of marriage. If you are a devout Chris- message to our children that under- Mr. Chairman, the overwhelming ma- tian or Jew, or merely someone who mines the definition of marriage as the jority of my constituents favor the bill believes homosexuality is immoral and union between one man and one that we are presenting to the Congress harmful, and the law declares homo- woman. Such attacks on the institu- today, and for concomitant reasons op- sexuality a protected status, then your tion of marriage will only take us fur- pose the amendment offered by the personal beliefs are now outside civil ther down the road of social deteriora- gentleman from Massachusetts. law. This has very serious implica- tion. Vote ‘‘no’’ on the Frank amend- If I were not sure of a numerical tions, for if the law declares opposition ment. count of my constituents to determine to homosexuality as bigotry, then the Mr. FRANK of Massachusetts. Mr. what I have just said, that the major- entire power of the civil rights appara- Chairman, I yield myself 30 seconds. I ity opposes the Frank amendment and tus can be brought against you. Busi- do this with trepidation because I un- supports the underlying bill, I would nessmen would have to subsidize homo- derestimated to some extent the sen- now have the action of the Pennsylva- sexuality or face legal sanctions; sitivity on the other side when I point nia House of Representatives to bolster schoolchildren will have to be taught this out, but the gentleman from Texas that count on my part. Recently the that homosexuality is the equivalent of made a point of the fact that three Pennsylvania House, only about 2 marital love; and religious people will judges did this in Hawaii, and not the weeks ago, supported a similar bill by be told their beliefs are no longer valid. legislature and not a referendum. a tune of 177–16. In it they endorsed and Mr. Chairman, let’s do what is right I have a subsequent amendment reendorsed, both in the speeches on the and good for America today. Let’s pass which would allow a State to get Fed- floor and the matters of record that the Defense of Marriage Act and turn eral recognition of marriages only were included finally in their legisla- down both Frank amendments. when it is done by the legislature or by tive record, the notion that marriage Mr. CANADY of Florida. Mr. Chair- referendum or in other ways by the has to be, for the sake of family values, man, I yield myself such time as I may people, and it will probably make no marriage between members of the op- consume. difference. But I just want to say that posite sex. I just want to read the portion of the that argument that this is only the So, with all of that, I am guided by bill that is being stricken by this judges in Hawaii does not appear to me the frank expression of the Pennsylva- amendment. It is called definition of to be one that the Members who make nia legislature rather than the Frank ‘‘marriage’’ and ‘‘spouse.’’ H7488 CONGRESSIONAL RECORD — HOUSE July 12, 1996 ‘‘In determining the meaning of any chapter 7 in Matthew which starts off, (Mr. STEARNS asked and was given Act of Congress, or of any ruling, regu- ‘‘Judge not lest ye be judged.’’ permission to revise and extend his re- lation, or interpretation of the various b 1223 marks.) administrative bureaus and agencies of Mr. STEARNS. Mr. Chairman, I the United States, the word ‘marriage’ Mr. CANADY of Florida. Mr. Chair- would like to say to my colleagues in means only a legal union between one man, I yield 4 minutes to the gen- the House, this is a defining issue. I be- man and one woman as husband and tleman from Georgia [Mr. BARR]. lieve it even goes further than what we wife, and the word ‘spouse’ refers only Mr. BARR of Georgia. Mr. Chairman, have talked about. It is defining in to a person of the opposite sex who is a I thank the gentleman for yielding me terms of Republicans and Democrats. husband or a wife.’’ the time. On this side of the aisle so many people The proponents of the amendment Mr. Chairman, I would like to ad- have lined up to speak, so many people before the House now want to strike dress all of our colleagues here in the feel so passionately about this, we do that provision of the bill. They do not House, those listening as well as those not even have enough time. agree with that definition of marriage. that are on the floor, on both sides of But you know, one thing I would like That is what is at issue here. I think the aisle, because this clearly is a non- to talk about just to be clear and not the Members need to focus on that. Is partisan matter. One merely has to emotional about this, the gentleman this House unwilling to take a stand in look at the long list of cosponsors from from Massachusetts [Mr. FRANK] men- defining marriage in this way? both sides of the aisle. One has to look tions the fact that, he mentions that We are talking about for purposes of no further than the thousands of com- the Defense of Marriage Act preempts the Federal statute. We have a respon- munications to Members of Congress States’ rights. This is wrong. This is sibility as the Congress to make a de- on this legislation and recognize it is not correct. This legislation provides termination on this matter. We have a very much bipartisan. that no State shall be required to give responsibility as the elected represent- The issue is clear and not even re- effect to a same-sex marriage license if atives of the various States to take a motely complex. With this amendment, issued by another State, nor does it stand against what one State is at- with the Frank amendment, if Mem- prevent other States from choosing to tempting to do. bers believe that one State can now de- give effect to same-sex marriage li- This bill does that, as has been dis- fine ‘‘spouse’’ or ‘‘marriage’’ for all censes from other States. cussed and debated at great length, and Federal purposes, if you believe that it This legislation merely provides that there is nothing offensive about this is fiscally responsible to throw open States who do not sanction this distor- definition. It has been described in the doors of the U.S. Treasury, and if tion of marriage do not have to recog- many ways, this bill has been described you believe that the will of the vast nize it. Sixty-seven percent of the peo- in many ways, I will talk about that majority of the American citizens has ple in America agree with this legisla- somewhat later. But if the Members no meaning, no importance whatso- tion. I would like to respond to what I would focus on what is in this amend- ever, then vote for the Frank amend- think are Mr. FRANK’S main arguments ment, I think they will have to come to ment because it represents and does all against the Defense of Marriage Act. the conclusion that all we are doing in three of those things. But if Members believe that the Mr. FRANK says by abandoning the true defi- this amendment is reaffirming what nition of marriage, traditional marriages are everyone has always understood by views of a vast majority of American not threatened. You are right Mr. FRANK you marriage, what everyone has always citizens are important, do have mean- ing and ought to be listened to, and if are not threatening my marriage. You do not understood by the term ‘‘spouse,’’ and threaten my marriage but you do threaten the we are simply resisting a change which Members believe that the Congress of the United States of America and not moral fiber that keeps this Nation together. is being advanced by a small minority You threaten the future of families which have in this country. an individual State has the authority and the sole jurisdiction and respon- traditional marriage at their very heart. If tradi- Mr. Chairman, I reserve the balance tional marriage is thrown by the wayside, of my time. sibility to decide the use of Federal taxpayer benefits, and if you do not be- brought down by your manipulation of the defi- Mr. FRANK of Massachusetts. Mr. nition that has been accepted since the begin- lieve it is fiscally responsible to throw Chairman, I yield 1 minute to the gen- ning of civilized society, children will suffer be- open the doors of the U.S. Treasury to tleman from Maryland [Mr. cause family will lose its very essence. Instead be raided by the homosexual move- GILCHREST]. of trying to ruin families we should be preserv- ment, then the choice is very clear, op- Mr. GILCHREST. I thank the gen- ing them for future generations. tleman from Massachusetts for yield- pose the Frank amendment. You say if we pass the Defense of ing me this time. It is a gutting amendment. It is a Marriage Act we are preempting States Mr. Chairman, I am not going to killing amendment. That is why this rights. You are wrong Mr. FRANK. This stand here and take up a minute to tell opponent of the bill is proposing it. It legislation provides that no State shall people on the floor how to vote. I think is not complex. It is crystal clear. This be required to give effect to a same-sex and I hope earnestly that this debate amendment must be defeated so that marriage license if issued by another will result in a positive picture for the the underlying bill can go forward, as State; nor does it prevent other States values of all Americans. But what I we believe it will, through both Houses from choosing to give effect to same- want to do is quote from two historical of Congress and get to the President’s sex marriage licenses from other figures to show that none of us, none of desk so that he, as he has said, will States. This legislation merely pro- us, have all the right answers to all the sign this important piece of legisla- vides States who do not sanction this questions. tion. Let us give him that opportunity distortion of marriage do not have to The first one is a figure that changed and not deny him that opportunity by recognize it. With at least 67 percent of Catholicism and evolved it into the supporting the Frank amendment. I people polled opposing the legalization Protestant movement, Martin Luther, urge my colleagues to vote ‘‘no’’ on the of same-sex marriages, we are doing in which he said, ‘‘We are all weak and Frank amendment. the right thing. ignorant creatures trying to probe and Mr. FRANK of Massachusetts. Mr. Mr. FRANK may not agree with this also but understand the incomprehensible maj- Chairman, how much time do we have he is here today pushing a definition of mar- esty of the unfathomable light of the remaining? riage which the majority of Americans don't wonder of God.’’ He was saying each of The CHAIRMAN. The gentleman agree with. He may use debaters' techniques us do not have all the answers. from Massachusetts [Mr. FRANK] has 6 to divert our attention on this matter, but the The second historical figure gave a minutes remaining, and the gentleman facts remain. sermon on the side of a mountain. He from Florida [Mr. CANADY] has 151⁄2 Mr. DORNAN. Mr. Chairman, will the said, and I cannot repeat all of that minutes remaining. gentleman yield? sermon because there is not enough Mr. CANADY of Florida. Mr. Chair- Mr. STEARNS. I yield to the gen- time, but I encourage people in the man, I yield 1 minute and 30 seconds to tleman from California. room and my colleagues to read the the gentleman from Florida [Mr. Mr. DORNAN. Mr. Chairman, I want- Sermon on the Mount and especially STEARNS]. ed to point out to the Members that July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7489 the reason I have not asked for time Mr. CANADY of Florida. Mr. Chair- Mr. MORAN. Mr. Chairman, I do not during this debate is that I will be man, I yield 1 minute to the gentleman perceive it in the same way the gen- doing an hour this afternoon following from Virginia [Mr. MORAN]. tleman does. If the gentleman would an hour by Mr. FRANK, be plenty of The CHAIRMAN. The gentleman like to explain why it does, then I time for me to discuss that midafter- from Virginia [Mr. MORAN] is recog- would be happy to yield the time that noon, morning in Hawaii. nized for 3 minutes. I have. I do not interpret it as accom- This is a defining issue. I did not be- Mr. MORAN. Mr. Chairman, I rise in plishing what the gentleman said. lieve when I came here 20 years ago we support of this amendment because I Mr. HYDE. Mr. Chairman, I will send would ever be discussing homosexuals support the U.S. Constitution and par- the gentleman a copy of the opinion have the same rights as the sacrament ticularly the 10th amendment to the and dissent by Justice Scalia. of holy matrimony, and I predict, that Constitution. Mr. CANADY of Florida. Mr. Chair- within 3 or 4 years we are going to be As you know, the 10th amendment man, I yield myself such time as I may discussing pedophilia only for males was designed to prevent us from pre- consume. and that will be the subject of my dis- empting States’ right. Yet for this pur- Mr. Chairman, we have heard quite a cussion this afternoon. pose, we are willing to federalize the bit about the full faith and credit Mr. FRANK of Massachusetts. Mr. one area of law that has been under Clause, I think it might be helpful to Chairman, I yield myself 45 seconds to State control for the last 200 years. read it. It is contained in article IV, say first, if people on the other side are What is worse is that it is the Sub- section 1 of the Constitution, and I will content to have the last comment committee on the Constitution of our read it in its entirety. stand as representative of their view- full Committee on the Judiciary that is willing to limit for the first time in Full faith and credit shall be given in each point, so am I. I would say to the gen- State to the public Acts, Records and judi- tleman from Florida, he totally mis- history the full faith and credit clause cial Proceedings of every other State, and stated this amendment. We are on an of the Constitution. The term that the the Congress may by general laws prescribe amendment that appears to have es- Subcommittee on the Constitution the manner in which such Act, Records and caped him. He said I said it preempts uses is that it wants ‘‘to free the States Proceedings shall be approved and the effect States’ rights and then talked about from a constitutional compulsion.’’ thereof. the section of the bill not relevant to If we want ‘‘to free the States from a The full faith and credit clause, the amendment. He just got it totally constitutional compulsion,’’ we ought which I have just read, recognizes a wrong. Yes, there is a section that to do it with a constitutional amend- role for the Congress to play in cir- purports to give the States rights that ment, not through this kind of a stat- cumstances just such as those that are I believe the States already have. But ute. now before us arising from the situa- there is another section which is what This bill in fact is both unnecessary tion in Hawaii. this amendment was about, and this and premature. The Hawaii appeals Now, that is one element of this bill. second section says that if a State does court is not expected to reach a final On the other hand, there is an element allow such a marriage, the Federal decision until 1997. There is no reason in this bill which deals with Federal Government would recognize it. to act before that. But by rushing to law, Federal benefits, and the interpre- So he was talking about the first sec- judgment, Congress is preventing the tation of the Federal statutes and reg- tion, not about the second section. The States from free and open deliberation ulations that use the terms ‘‘marriage’’ second section is the subject of the and failing to allow them to come to and ‘‘spouse.’’ amendment, and I did want to point their own determinations. We have a responsibility as the Con- out that he was, therefore, totally in- States already have the power to gress to determine how Federal funds accurate in his representation of what refuse to honor same-sex marriages will be spent, and I believe that it is I had said. conducted in other States under the certainly within our prerogative to de- Mr. CANADY of Florida. Mr. Chair- public policy exemption to the full termine that those funds will not be man, I yield 1 minute to the gentleman faith and credit clause. This is the law used to support an institution which is from Kentucky [Mr. LEWIS]. right now. So why are we debating an rejected by the vast majority of the Mr. LEWIS of Kentucky. Mr. Chair- unnecessary bill? I am afraid that the American people. We, as their rep- man, I thank the gentleman for yield- real answer is that it is political ex- resentatives, can take that position. ing me the time. ploitation of prejudicial attitudes. That is not in derogation of States’ Mr. Chairman, 220 years of history in Mr. HYDE. Mr. Chairman, will the rights. That is simply in fulfillment of this Nation where we have not had to gentleman yield? define what marriage is. It has been Mr. MORAN. I yield to the gentleman our responsibilities, and that is what pretty common knowledge and it has from Illinois. we are doing through this bill. been understood by most people. But Mr. HYDE. The Chairman, I would Mr. ABERCROMBIE. Mr. Chairman, now we have reached a period in our just like to ask the gentleman from will the gentleman yield? history when we are going to have to Virginia [Mr. MORAN], what effect on Mr. CANADY of Florida. I yield to define what marriage actually is. We your last statement that the States the gentleman from Hawaii. have to allow the States to define and have the power to do this, what effect Mr. ABERCROMBIE. Mr. Chairman, I Hawaii is going to be making that deci- does the Romer versus Evans case, de- simply want to point out with respect sion and I think in order to allow the cided May 20 of this year, have on that to the constant allusions to other other States to have that opportunity, power of the States, or are you aware States being forced to do what may be then we must proceed with this De- of that case? decided in Hawaii that the case in Ha- fense of Marriage Act to make sure Mr. MORAN. Mr. Chairman, reclaim- waii is based on the Hawaii State Con- that they are not bound by the full ing my time, I would submit to the stitution, which has an expansive pro- faith and credit clause to accept some- gentleman from Illinois [Mr. HYDE] vision for the right of privacy and a thing that would not be acceptable to that any State can pass a law now provision against sex discrimination, the majority of the people in those par- under the public policy exemption that which by definition of the attorneys in ticular States, or in this Nation for makes it clear that whatever Hawaii’s the case is stated as only being implied that matter. But again, I think it is a decision might be, they do not have to at best in the Constitution of the Unit- sad day that we have to stand here in recognize it. They have that right. ed States. Therefore, they are not mak- the Capitol of the United States and Mr. HYDE. Mr. Chairman, if the gen- ing any such claim. define what marriage actually is. tleman will continue to yield, does the Mr. CANADY of Florida. Mr. Chair- Mr. FRANK of Massachusetts. Mr. gentleman know the Romer case? Be- man, reclaiming my time, the gen- Chairman, I yield 2 minutes to the gen- cause the Romer case directly vitiates tleman has made his point. With all tleman from Virginia [Mr. MORAN]. what the gentleman just said. due respect to the gentleman from Ha- I was looking for that long list of Re- Mr. MORAN. The gentleman and I waii, the gentleman has not gotten the publicans, which has apparently dwin- have a difference of opinion. point here. dled, that the gentleman was talking Mr. HYDE. Mr. Chairman, is the gen- I would point out to the gentleman about. tleman familiar with the case? that there is available for him and all H7490 CONGRESSIONAL RECORD — HOUSE July 12, 1996 the other Members a memorandum pre- Mr. Chairman, I reserve the balance haven for those seeking peace, tolerance, and pared by the Lambda Legal Defense of my time. justice. Fund which indicates the clear strat- Mr. FRANK of Massachusetts. Mr. The real issues are extremist Republican egy that is being pursued here. The Chairman, I yield such time as he may values versus American values. Health care idea of the gay rights legal advocacy consume to the gentleman from Cali- for the elderly and needy versus tax breaks for community is that they will have fornia [Mr. WAXMAN]. the wealthy. Money for children and education same-sex marriages recognized in the (Mr. WAXMAN asked and was given versus money for corporate welfare. More po- State of Hawaii, and then folks will go permission to revise and extend his re- lice on the streets versus assault weapons in there from around the country, be mar- marks.) the hands of dope dealers. ried under the laws of the State of Ha- Mr. WAXMAN. Mr. Chairman, I rise In short, the real issue is the kind of Amer- waii, and then go back to where they in support of the Frank amendment ica we wantÐone of hope and fairness, or came from and attempt to use the full and in opposition to this legislation. one of division and hate. faith and credit clause to force those Mr. FRANK of Massachusetts. Mr. b 1241 States to which they have returned to Chairman, I yield such time as he may Mr. CANADY of Florida. Mr. Chair- recognize the legality of that same-sex consume to the gentleman from Michi- man, may I inquire of the Chair con- union contracted in the State of Ha- gan [Mr. CONYERS]. cerning the amount of time remaining waii. (Mr. CONYERS asked and was given on each side? That is what is at stake in that part permission to revise and extend his re- The CHAIRMAN. The gentleman of the bill. That is very clear. That is marks.) from Massachusetts [Mr. FRANK] has why we are here. How Hawaii happens Mr. CONYERS. Mr. Chairman, I rise 31⁄4 minutes remaining and the gen- to get to the point of deciding that is in support of the Frank amendment. tleman from Florida [Mr. CANADY] has a subsidiary issue. Mr. FRANK of Massachusetts. Mr. 6 minutes remaining. Now, do I think the courts around Chairman, I yield such time as he may Mr. CANADY of Florida. Mr. Chair- the country should be required to rec- consume to the gentleman from Cali- man, I yield 2 minutes to the gen- ognize those same-sex marriages that fornia [Mr. BECERRA]. tleman from Tennessee [Mr. BRYANT]. may be contracted in Hawaii? No, I do (Mr. BECERRA asked and was given Mr. BRYANT of Tennessee. Mr. not think they should be required to. permission to revise and extend his re- Chairman, I thank the gentleman for But I do believe that there is substan- marks.) yielding me this time and I rise in sup- tial doubt about that question, and I Mr. BECERRA. Mr. Chairman, I rise port of this bill. am concerned that there is uncer- in opposition to the bill and in support Obviously, as one of the original co- tainty, and this bill is motivated by of this particular amendment. sponsors of this bill, I feel like it is a that uncertainty. We are trying to do Mr. FRANK of Massachusetts. Mr. bill that we ought to pass and I would what we can to put that uncertainty to Chairman, I yield such time as she may oppose, as such, any amendment to it. rest, to bring more certainty to the consume to the gentlewoman from I think it is very important that we remember much of our history lessons, issue. That is the motivation here. Texas [Ms. JACKSON-LEE]. that I am sure have already been dis- That is not hard to discern. (Ms. JACKSON-LEE of Texas asked Mr. Chairman, I understand and I re- and was given permission to revise and cussed here before. Without our action, this would be the first time that any spect those people who say, ‘‘We think extend her remarks.) religious or civil marriage ceremony same-sex marriage is a good thing and Ms. JACKSON-LEE of Texas. Mr. recognized this type of marriage. It we think that they should be able to go Chairman, I rise to support the Frank would be against the traditional mar- there and then have it recognized else- amendment. riage of husband and wife. At some where.’’ That is a principle position. I Mr. FRANK of Massachusetts. Mr. Chairman, I yield such time as she may point I think this bill recognizes, the disagree with the principle. I vehe- underlying bill recognizes the need to consume to the gentlewoman from mently disagree with it. We have heard make this distinction, to draw this Georgia [Ms. MCKINNEY]. that expressed. But you know, it is line, to clarify it, for it, unfortunately (Ms. MCKINNEY asked and was given clear what is going on here. There is a at this time, appears to be necessary in permission to revise and extend her re- real issue that we are trying to deal this country. with. marks.) It is important we accomplish the Ms. MCKINNEY. Mr. Chairman, I rise Mr. ABERCROMBIE. Mr. Chairman, two things that are contained in this will the gentleman yield? in support of the Frank amendment bill. First of all, again for the purposes Mr. CANADY of Florida. I yield to and oppose this bill. of Federal law, Social Security, tax the gentleman from Hawaii. Mr. Chairman, once again, the Republican and so forth, it clarifies what the defi- Mr. ABERCROMBIE. Mr. Chairman, leadership is seeking to divide the American nition of a marriage is. A marriage is that is not the position of the State of people by appealing to our emotions and between one man and one woman. Not Hawaii, that this is a good thing. What fears. more, not less, not anything else out is trying to be determined now is what Rather than working to protect middle-class there, but, clearly, for the first time, it is imperative based on the Hawaii families in this changing economy, the GOP defines for the purposes of Federal law State Constitution. As for the recita- prefers to divert everyone's attention from Re- only. tion about the Lambda Defense Fund, publican efforts to cripple Medicare and cut Certainly we should not allow one the Lambda Defense Fund turned down taxes for the rich. State, whether it be Hawaii or any the people in Hawaii. They did not Why, Mr. Chairman, are we targeting gays other State, to, in effect, establish want to participate in this. and lesbians, blacks, and immigrants this what the Federal law will be in regards Mr. CANADY of Florida. Mr. Chair- year, now, today? The answer, pure and sim- to what a marriage is. man, reclaiming my time, the gen- ple, is politicsÐelection year politics. The Re- Second, as we discussed already tleman will have to continue that on publicans will stop at nothing to win the White today, it gives the States the right to his own time. I would suggest to the House and the Congress. They will fan the recognize or not to recognize these gentleman that the documents pro- flames of intolerance and bigotry right up to types of marriages. it does not prohibit vided by the Lambda Legal Defense November. And if the result is an election marriages of same sex but it gives the Fund are very clear, and I do not think wonÐat the expense of national unityÐtheir States those rights to do it. And once there is much mistaking what the ob- attitude is, so be it. again it would not be appropriate and jective is behind this whole effort. By the time my Republican colleagues are it would not be fair and it would not be It may not turn out that way, even in done, this country will be a boiling cauldron. right to those other States out there to the absence of this bill, but there is a This bill doesn't prevent a single divorce, a have their laws controlled in this type risk that it would and we are trying to single case of spousal abuse, or protect the of very nontraditional sense by one address that risk. That is very clear. institution of marriage. small State, whichever it might be. There is no reason to be confused about Mr. Chairman, America was settled by peo- Again I urge my colleagues to vote it. We are trying to deal with that un- ple fleeing the intolerance and bigotry preva- against this and support the underly- certainty. lent in Europe. Our Nation has always been a ing bill. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7491 Mr. CANADY of Florida. Mr. Chair- the final resolution of this chapter. We heterosexual relationships? Should this man, I reserve the balance of my time. are going to prevail, Mr. Chairman. Congress tell the children of America Mr. FRANK of Massachusetts. Mr. And we are going to prevail just as that in the eyes of the law the parties Chairman, I yield the balance of my every other component of the civil to a homosexual union are entitled to time to my colleague, the gentleman rights movement in this country has all the rights and privileges that have from Massachusetts [Mr. STUDDS]. prevailed. In the words of the great Dr. always been reserved for a man and The CHAIRMAN. The gentleman King, as echoed so eloquently last woman united in marriage? from Massachusetts [Mr. STUDDS] is night by the distinguished gentleman To all these questions the opponents recognized for 31⁄4 minutes. from Georgia, this country is going to of this bill say yes. They say a resound- (Mr. STUDDS asked and was given rise up and live out the true meaning ing yes. They support homosexual mar- permission to revise and extend his re- of its creed. riage. They believe that it is a good marks.) There is nothing any of us can do thing. They believe that opposition to Mr. STUDDS. Mr. Chairman, earlier today to stop that. We can embrace it same-sex marriage is immoral. They this morning, I think somewhere warmly, as some of us do; we can resist want to tell the children of America around a quarter of two, I observed it bitterly, as some of us do; but there that it makes no difference whether with some sadness that there was an is no power on earth that can stop it. they choose a partner of the opposite imbalance between the two aisles in Mr. CANADY of Florida. Mr. Chair- sex or a partner of the same sex; that this debate. man, I yield myself the balance of my the law of this land is indifferent to Words have been thrown around. Al- time. such matters. though they have not been taken down In the course of the debate last Those of us who support this bill re- or requested to be taken down, today I evening and today we have heard many ject the view that such choices are a wrote down so far promiscuity, perver- things from the opponents of the De- matter of indifference. We reject the sion, hedonism, narcissism, well, that fense of Marriage Act. They have said view that the law should be indifferent may be in this House, depravity and much about those who support this bill on such matters, and in doing so I sin. All, I regret to say, from the same and those who oppose same-sex mar- think it is unquestionable that we have side of the aisle. riage. They have described opposition the overwhelming support of the Amer- I also thought for a moment I was in to same-sex marriage and support for ican people. some kind of a revival meeting and was this bill as laughable, prejudiced, mean I would urge my colleagues to listen about to be preached at from Leviticus. spirited, cruel, bigoted, despicable, to the American people, defeat this The particular chapter which was im- hateful, disgusting, and ignorant. amendment and pass this bill. plicitly cited from Leviticus is not One of the leading opponents of the Mr. SKAGGS. Mr. Chairman, first, let me very popular in my district because the bill has described opposition to same- say that this has been one of the toughest next verse forbids the eating of shell- sex marriage as being based on the mo- votes I've had to cast in Congress. I fully em- fish, and I would caution people in cit- rality of the club. In the course of this brace the idea that marriage is an institution ing that. debate those making these assertions that historically, culturally, and morally is set Let me also just ask my Republican have congratulated themselves on the aside to recognize and respect the union of a colleagues. One of them even boasted a quality of the debate they have en- man and a woman. If this bill were a resolu- tion affirming that proposition, I'd gladly have moment ago and asked people to notice gaged in. the partisan divisions here. If ever In my view, all of this is an insult to voted for it. Unfortunately, this bill went far beyond that there was a nonpartisan issue here, the American people, 70 percent of simple affirmation, entering uncharted and this is it. Sexual orientation is the whom oppose same-sex marriages. Sev- very troubling constitutional territory, as well same in Republican families as in enty percent of the American people as being motivated on the part of some of its Democratic families, in Republican are not bigots, 70 percent of the Amer- advocates by a gratuitous hostility toward gays Members as in Democratic Members, as ican people are not prejudiced, 70 per- and lesbians. At best, it is unnecessaryÐfor in the general population. It is a sad cent of the American people are not reasons I'll explain; at worst, it is dangerousÐ and tragic political mistake, never mean spirited, cruel, and hateful. It is for reasons I'll explain. mind a moral mistake, for a party to a slander against the American people Much has been made of the argument that do this. I think that lesson should have themselves to assert that opposition to Hawaii is about to legalize same-sex marriage. been learned 4 years ago. same-sex marriage is immoral. The truth is, nobody knows what decision the I observed last night, Mr. Chairman, All of this rhetoric is simply designed courts in Hawaii may make or when they will that it is a mistake sometimes to say to divert attention from what is really make it. The Hawaii Supreme Court has re- this is the way things have always been at stake here. It is designed to obscure manded to a trial court, for a trial on the mer- and, therefore, that is good and they the fundamental question that is raised its, a case brought asserting the claim that the should always be that way. When this by this bill. It is calculated as a dis- Hawaii State Constitution requires recognition country was founded our revered Con- traction. It is an attempt to evade the of same-sex marriage because that Constitu- stitution was written in part by men basic question of whether the law of tion prohibits gender discrimination. That trial who owned slaves. Women themselves this country should treat homosexual is scheduled for later this year; with inevitable were, in most of these States of ours, relationships as morally equivalent to appeals, no final, appellate decision is likely were virtually chattel. They did not heterosexual relationships. That is before late 1997 or early 1998. In other words, have the right to own property. People what is at stake here. there's no crisis; no imminent threat of same- of color were property for many years Should the law express its neutrality sex couples from Hawaii presenting them- after this country was founded. And between homosexual and heterosexual selves as married in other States. And so, even thereafter, for many years, the relationships? Should the law elevate there's nothing that demands precipitous ac- different races were not allowed to homosexual unions to the same status tion by Congress on this question. marry. as the heterosexual relationships on In addition to borrowing trouble in assuming I wish Members were here last night which the traditional family is based, a the Hawaii case may turn out adversely with to hear our distinguished colleague status which has been reserved from respect to the traditional view of marriageÐa from Georgia, Mr. LEWIS, because time immemorial for the union be- view I shareÐthis legislation is most likely through him came the words and the tween a man and a woman? completely unnecessary insofar as it purports spirit of a very great American, Dr. Should this Congress tell the chil- to grant States powers the States already pos- King. And this is, whether Members dren of America that it is a matter of sess to reject recognition of same-sex mar- like to hear it or not, the last unfin- indifference whether they establish riages. This point involves an examination of ished chapter of civil rights in this families with a partner of the opposite an obscure provision of the U.S. Constitution, country. sex or cohabit with someone of the article IV, section 1, known as the full faith Although I have no doubt, I do not same sex? Should this Congress tell the and credit clause. That provision reads as fol- think anybody in this room has any children of America that we as a soci- lows: doubt, about the outcome of the vote ety believe there is no moral difference Full Faith and Credit shall be given in today, I have equally no doubt about between homosexual relationships and each State to the public Acts, Records, and H7492 CONGRESSIONAL RECORD — HOUSE July 12, 1996 judicial Proceedings of every other State. back-door authority for Congress by law to out to my colleagues in reaffirming the institu- And the Congress may by general Laws pre- greatly expand the now very-limited public-pol- tion of marriage as we know and understand scribe the Manner in which such Acts, icy exception to full faith and credit. But think it. Throughout these discussions, I have sug- Records and Proceedings shall be proved, and about that. the Effects thereof. gested to my gay and lesbian friends that we If you can believe it, we have here an alleg- should not resort to some semantic debate The Framers included this clause, borrowed edly State's-rights-minded Congress offering about the word ``marriage.'' from the Articles of Confederation and then up new constitutional theory to justify a whole expanded significantly, to make sure these new basis on which to nationalize and central- As this issue evolved, I went to Chairman States were truly united, and not a mere legal ize vast areas of law heretofore left to the HYDE and to Speaker GINGRICH. I said to patchwork. The gist of the clause is that each States. If this rational is sound in this instance them, ``I am willing to join with you in reaffirm- State must honor the official acts and judicial as to same-sex marriagesÐand I don't believe ing the definition of marriage, tho I am a gay proceedings of the others. it isÐthen what are the bounds of this new man. All I ask in return is that you remove the However, there soon grew up, in judicial in- Congressional power to preempt State law `meanness, prejudice, and hatred' surrounding terpretation of this clause, what's known as under the guise of ``by general Laws this issue.'' the public policy exception. Related primarily prescrib[ing] * * * the Effect thereof''? I this I went further. to the very question of the circumstances legislation permits State A to ignore the final under which one State must recognize a mar- judgment of the courts of State B as to any The debate fails to recognize the painful re- riage performed in another State, the courts claim derived from a same-sex marriage, then ality thrown on many innocent people who have held that a State can assert its own there is no constitutional bar to our passing a happen to be in long-term relationships out- overriding public policy in refusing to recog- law authorizing State A to ignore State B's no- side of marriage. For example, if I should get nize an out-of-State marriage that runs fault divorce decrees, or anything else. sick, should not my partner have automatic counter to its public policy. The cases here It should be self-evident that this is an ex- visitation rights? Should he not have automatic have dealt with such factors as under-age traordinarily dangerous constitutional prece- consultation rights with the attending physi- marriages, incestuous marriages, and polyg- dent. It takes the objective of the full faith and cian? I think most would say ``yes.'' But I have amous marriages. But the principle is well es- credit clause in unifying the States and assur- letters from many people in my office indicat- tablished and can certainly be extended by ing interstate comity, and turns it on its head. ing that from cancer to AIDS, they have been any State to the matter of same-sex mar- The potential for mischief and invidious intru- denied this basic right. riages. In fact, some 14 States have already sion of the Federal Government into State af- Second, a close friend of ours recently lost acted to assert such a public-policy position, in fairs boggles the mind. his partner of 16 years to AIDS. While the I wish to preserve the institution of marriage anticipation of the possibility that they'll face hospital in Washington respected the relation- for the honorable and traditional relationship the question. ship and gave him visitationÐsomething between a man and women. But reserving There is broad consensus among constitu- worse happened after his partner's death. The that word for that institution means just that. tional scholars that the full faith and credit funeral home would not allow him to sign any I also recognize that gay and lesbian cou- clause already permits such State initiative in of the documents or arrangement forms. behalf of protecting the supremacy of one ples seek legal recognition and permanence State's public policy as against another's at- for their relationships and the rights and re- Third, I have a 13-year relationship with my tempt to legalize same-sex marriage. There- sponsibilities that flow from those relation- partner. Yet, while some of my congressional fore, no need exists for Congress to enact a ships. I hope this society, and its political and colleagues are in their second or third mar- law granting States the power or discretion legal institutions, can move to accommodate riageÐtheir spouse receives the benefits of they already enjoy under the public-policy ex- the legitimate needs of gay and lesbian citi- their health insurance, and automatically re- zens in this respect. No one, I believe, would ception to the full faith and credit clause. Or, ceives their survivor benefits should that want, for example, to deny a claim of inherit- put differently, this legislation is unnecessary. occur. Why should they be given these bene- ance, or of participation in terminal health care Certainly, we've got enough legitimate work to fits, when my partnerÐin a relationship much decisions, for the life-long partner of a gay do around here without passing laws telling longer than theirsÐis denied the same? man or lesbian woman. Yet, by refusing as the States they have powers that they are al- part of this legislation even to permit a formal Many corporations would like to extend such ready known to have. study of disparate treatment of domestic part- benefits to the domestic partners of their em- But wait a minute. Perhaps, the States don't nerships in these areas, the proponents of this ployees. The problem is that there is no have quite all the powers this bill would give legislation may reveal their real motivation. agreement on a civil process to recognize le- them, because it also apparently would grant Because there is no imminent problem of gitimate long-term relationships from those States the power to ignore certain final judicial same-sex marriage-being legalized, because, who would simple seek to fraud the system. proceedings concluded in another State. The even if there were, the full faith and credit These are just some of the basic questions public-policy exception has not previously clause's public-policy exception already gives that our society must and should ask. If we been construed to go that far. States the power not to recognize such a mar- seek civility, mutual respect, and the pro- What does that really mean? Where does it riage, because this legislation is therefore un- motion of long-term relationshipsÐin marriage come from? I believe that dimension of this necessary, because in its insinuation of new or otherwiseÐthen we have no choice. Ac- legislation can only be rationalized constitu- and constitutionally suspect congressional cordingly, I asked my leadership to accept an tionally as falling under the scope of the last power under ``the Effects thereof'' phrase this amendment I or others would offer creating a three words of the full faith and credit clause, legislation is unwise, and because so many commission to look at such questions. which provide that ``Congress may by general advocates of the legislation, by their approach, Laws prescribe * * * the Effect thereof.'' (Em- seem primarily moved to demonstrate a gratu- Chairman HYDE responded that while he phasis added.) itous disrespect for some citizens based on could not support a commission, he would We have no explicit Supreme Court inter- their sexual orientation, I cannot support it and support a GAO study of such questions. pretation of these words to rely on. One possi- will vote against it. Based upon this act of goodwill, I developed bility is a fairly limited meaning, consistent with My faith in the fair-mindedness of the Amer- an amendment to accomplish this goal. We the notion that Congress can figure out how ican people is unshakable. This legislation is created an amendment which would call upon best to implement and give effect to the inter- not true to that wonderful American virtue. GAO to look at the question of the differences state rights and responsibilities already pre- Mr. GUNDERSON. Mr. Chairman, I am a in benefits, rights, and privileges available to scribed by the earlier words in the clause. If traditionalist. My entire life's environment and persons in marriage versus those in a domes- this is correct, ``the effect thereof'' can't be the upbringing have created within me a respect tic partnership. The study would look at State basis for expanding the public-policy exception for traditional values. Theology interprets mar- laws on these questions, Federal differences beyond the bounds that already exist. And, if riage as a union between one man and one in benefits, and even how other nations re- that's the case, then again, this legislation is woman. Random House Dictionary defines sponded to such relationships. The study merely redundant and unnecessary. marriage as a union between man and would be complete by October 1997. It would The other possible reading of these words, woman. not change any policy. Rather, it would simply and the one evidently asserted by the pro- Accordingly, tho I am a gay man in a 13- provide the basis of information necessary for ponents of this legislation, is that they provide year relationship, I was fully prepared to reach rational discussions in the future. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7493

To their credit, both Mr. HYDE and Speaker was that the President would veto this legisla- tween one man and one woman as husband GINGRICH told me personally they believed tionÐand it would be used against him. When and wife. This act will protect the institution of there was merit in my proposal. However, the President announced that he would sign marriage which has been and will remain the when this amendment was offered to the the bill, the focus then was directed on finding foundation of Western civilization. Rules Committee for considerationÐit was de- some Democrat in a marginal district that Mr. COYNE. Mr. Chairman, H.R. 3396, the nied recognition before the full House. would vote against the bill on principle, only to Defense of Marriage Act, presently before the Unfortunately, this action exposes those then lose the political debate back home. House is unnecessary, untimely, purports to who advance this legislation for their real If there was a legitimate desire to reaffirm solve a problem that does not exist, professes goals. There is no sincere attempt to simply marriage in a civil, respectful, and realistic way to defend an institutionÐmarriageÐthat is not reaffirm marriage. There is certainly no at- that recognized the reality of long-term rela- under attack in the manner suggested by the tempt to respond to legitimate and real issues tionships in America today. I reached out to legislation, and violates the full faith and credit facing many Americans in 1996. There is, un- my leadership to find a common middle clause of the Constitution. This legislation is fortunately, every attempt to pursue a mean, groundÐachieving their goals, without the ha- before us as part of a political agenda and for political-wedge issue at the expense of the tred, prejudice, meanness, and insensitivity di- no other reason. It is a proposed solution look- gay and lesbian community in this country. rected to those who happen to be gay or les- ing for a problem. And it hurts me deeply to say that about my bian. That good faith effort was intentionally This legislation is simply yet another attempt own party. rejected. by the Republican majority to shift the Nation's This legislation will do nothing to defend I am willing to reach out, listen to, and work attention away from their extreme agenda that marriage. May I suggest that no gay man is with all elements of society to find common hurts children, the elderly, and the poor. Under after your wives, and no lesbian is after your ground upon which we as a diverse nation current law, States will continue to be free to husbands. If marriage is at risk in this country, might go forward. I am not willing, however, to decline to recognize same-sex marriages if and it may beÐthere are other more real fac- participate in a blatant attempt to score politi- they choose. To date, nearly 80 percent of the tors at the heart of this problem. May I sug- cal points at the expense of those in our soci- StatesÐ37Ðhave already addressed the gest that alcohol abuse, spousal abuse, and ety who might be gay or lesbian. Therefore, I issue of same-sex marriages in their legisla- even Sunday football are far more likely to de- must oppose this bill. tures. Eighteen States thus far have had legis- stroy marriage. Perhaps if people really meant Mr. WELDON of Florida. Mr. Chairman, as lation banning same-sex marriages either fail it when they said their marital vows, marriage a cosponsor of H.R. 3396, the Defense of or die in the legislative process and 13 States would be more stable. Perhaps if people were Marriage Act, I rise in strong support of the have passed legislation that would deny rec- more willing to pursue marriage counseling, bill. We must work to strengthen the American ognition to same-sex marriages. In fact, the when necessary, the institution of marriage family, which is the bedrock of our society. House of Representatives in my State of would be better off. There may be a problem, And, marriage of a man and woman is the Pennsylvania voted on June 28th of this year but we ought to go after the legitimate cause foundation of the family. The marriage rela- to prohibit same-sex marriages. These statis- of that problem, not some scapegoat for politi- tionship provides children with the best envi- tics hardly present a compelling mandate for cal gain. ronment in which to grow and learn. We need the Federal Government to step in and rescue Is this legislation necessary? No. There is to work to restore marriage, and it is vital that the States. not a single State in the Union today where we protect marriage against attempts to rede- Unlike the future solvency of the Medicare gay and lesbian marriages are legal. There fine it in a way that causes the family to lose Program or the problems associated with en- exists only one State in the Nation that even its special meaning. In the 1885 case of Mur- suring that all Americans have the opportunity is debating such an issue in the courtsÐand phy v. Ramsey, the U.S. Supreme Court de- to earn a living wage and enjoy a decent re- that State's court will not decide the issue for fined marriage as the ``union for life of one tirement, establishing a Federal definition of at least 2 years. man and one woman in the holy estate of marriage, when every State has already ad- Is this legislation constitutional? I am not a matrimony.'' dressed this issue, is not the most pressing lawyer, but the constitutional scholars I have Unfortunately, the courts of Hawaii are in item of business before Congress. There is no spoken with and whose opinions I have read the process of deciding if the State is going to clear and compelling reason to address this say that, ultimately, it will be declared uncon- sanction marriages between people of the issue at this time. stitutional. Simply stated, the second sentence same sex despite the Hawaiian people's clear I oppose this legislation because I believe of the full faith and credit clause of the Con- rejection of such a policy change. The reper- that States should continue to have the free- stitution permits Congress only to specify the cussions could be felt by the Federal Govern- dom to define their own policies toward mar- conditions under which one State must recog- ment and the other 49 States almost imme- riage as they have had for the past 220 years. nize the public acts and records of another diately. The full faith and credit provisions of Mr. ENSIGN. Mr. Chairman, I rise in support State. Congress is not given the authority to the Constitution, article IV, require recognition of H.R. 3396, the Defense of Marriage Act. override the mandate of the first sentence of the ``public Acts, Records, and judicial Pro- The need to enact legislation to preserve which requires one State to give full faith and ceedings'' of each State. However, Congress the fundamental definition of matrimony as a credit to the laws of another State. Similarly, has the authority to prescribe the manner in union between one man and one woman is to the extent that the legislation creates a sta- which such acts, records, and proceedings pressing and necessary. This legislation is not tus-based classification of persons for its own shall be proved, and the effect thereof. about mean-spirited antics or election year sake, it violates the recently articulated prin- Federal policies could be dramatically af- politics. A pending ruling by a Hawaii court ciple in the landmark case of Romer versus fected by the Hawaii decision since the Fed- could legalize same-sex marriages in that Evans which was decided on May 20 of this eral Government generally recognizes State State. According to the full faith and credit year. documents in granting benefits and privileges clause of the Constitution, unless Congress Is this legislation morally principled? Per- to married individuals. Veterans' benefits, says otherwise, the other 49 States in the haps, more than anything else, my colleagues labor policies, Federal health and pension Union would be required to abide by the Ha- advancing this legislation believe they are ad- benefits, and Social Security benefits are just waii decision. Requiring the entire Nation to vancing the basic Judeo-Christian ethics of a few of the areas that would be subjected to discard the will of the clear majority of Ameri- our Nation. I would encourage them to pursue substantive revision if Congress does not act cans undermines our democracy and would a closer analysis of the Bible. No where in the soon. I think it would be wrong to take money deny other States the opportunity to enforce Bible does Jesus condemn homosexuality. out of the pockets of working families across laws banning the recognition of same-sex There are many places where Jesus con- America and use those tax dollars to give marriages. demns divorce. How can people, who have Federal acceptance and financial support to The time-honored and unique institution of been divorced, suggest that they can defend same sex-marriages. Without the passage of marriage between one man and one woman is marriage by condemning hoe involved in sin- the Defense of Marriage Act, this would be the a fundamental pillar of our society and its val- gle-sex relationships? case. ues. The Defense of Marriage Act does not Mr. Chairman, this legislation before us it The American people clearly recognize the deny citizens the opportunityÐeither through not a priority in the eyes of the American peo- importance of protecting the sanctity of mar- their elected representatives or ballot referen- ple. We are not responding to some public de- riage. We should not be forced to give public dumÐto enact legislation recognizing same- mand or crisis. Rather, this legislation was de- sanction to relationships that clearly fall out- sex marriages or domestic partnerships within signed, pure and simple, to drive some politi- side the scope of our Nation's traditional un- their own borders. The Defense of Marriage cal wedge for political gain. The first hope, derstanding of marriage as the legal union be- Act says that States should determine their H7494 CONGRESSIONAL RECORD — HOUSE July 12, 1996 own policy and that the Federal Government are yielding to ‘‘spouse,’’ a vague usage that establish common-law marriages based on has a right to define who is entitled to benefits benefits no one but gays. Gov. Roy Romer re- seven years of cohabitation. But gays reject as a spouse. This legislation is consistent with cently vetoed Colorado’s proposed anti-gay these half measures, comparing them to the the need to return power and decisionmaking marriage law, calling it ‘‘mean-spirited,’’ a irregular marriages of slavery, when couples word that functions in America like the bell ‘‘jumped over the broom.’’ to the States where it rightfully belongs. in Pavlov’s laboratory. And now Bill Clinton Mr. Chairman, I think it is important to care- All attempts at compromise elicit cries of has announced, through his gay-liaison of- ‘‘Second-class marriage!’’ and lead to law- fully examine the issue of same-sex marriages fice, that he is ‘‘personally opposed’’ to ho- suits under the Americans with Disabilities and separate two fundamental issues. The mosexual marriage. This phraseology, a sta- Act. Calling themselves ‘‘connubially chal- first issue involves the question of whether in- ple of the abortion debate, is a reminder not lenged,’’ gays will sue the Christian Coali- dividuals have a right to privacy and the to let our premises stand in the way of our tion for forcing them to lead immoral lives. choice to live as they see fit. I think most conclusions. Arguing that marriage will keep them from Americans, myself included, would agree that The major brainwashing, soon to begin, promiscuity, which will keep them from get- will proceed as follows. ting AIDS, they will equate prohibition of everyone should have the right to privacy. The Magazines will run cover stories that second issue involves the question of whether same-sex marriage with capital punishment. thinking Americans—all 17 of us—recognize A Clinton judicial appointee will find the all States must follow Hawaii's example, and as that brand of persuasion called ‘‘nibbled ‘‘right’’ to gay marriage lurking under a con- has greater societal and constitutional implica- to death by a duck.’’ Time does ‘‘Debating stitutional penumbra, and CNN will give a tions than the issue of privacy. The Defense of Same-Sex Marriage’’ and Newsweek does 900 number so viewers can vote yes to prove Marriage Act addresses the second issue and ‘‘Rethinking Gay Marriage.’’ Lofty opinion they aren’t racists. does nothing to deny an individual his or her journals weight in with ‘‘A Symposium on,’’ I find it ironic that gays are now singing right to privacy. ‘‘In Defense of,’’ and ‘‘Voices from,’’ while the praises of wedded bliss in terms that During a time when the traditional two-par- Parade does ‘‘If They Say I do’ . . . Will We were the bane of my existence forty years Say ‘You Can’t’ ’’ Cover art consists of a pair ent family is becoming the exception, I believe ago, when ‘‘settling down’’ proved you were of wedding rings sporting identical biological ‘‘mature and responsible.’’ If they keep it up, it is important to reaffirm our commitment to signs: two arrow-shooting circles for men, ensuring that moms and dads are encouraged they will corroborate the English prostitute two mirror-handle circles for women. We will who plied her trade in the States and wound and strengthened in the task of raising their start seeing these logos in our sleep. up in a book about American sexual atti- Next, the pundits. Molly Ivins writes children. tudes. A great many of her clients, she said, ‘‘Bubba, Hold Yore Peace.’’ Ellen Goodman I urge my colleagues to support this legisla- showed her photos of their wives and chil- waxes earnest about tradition versus change tion. dren. Clearly bemused, her sign almost audi- in ‘‘Something Old, Something New,’’ Ruth Mr. SMITH of Texas. Mr. Chairman, I rise in ble on the page, she added: ‘‘Yanks are born Shalit writes something borrowed, and Rich- strong support of H.R. 3396, the ``Defense of married.’’ ard Cohen, Victim America’s identifier-in- Marriage Act.'' chief, does a column called ‘‘We’re All Sin- My personal opinion of marriage reflects Many of my colleagues today will give elo- gle.’’ my status as a pariah in the Fifties snuggery quent legal arguments in favor of this legisla- Arianna Huffington will figure out a com- of joined-at-the-hip Togetherness. ‘‘Rather a tion. Rather than focus on the legal need for passionate way to be against gay marriage, beggar woman and single be, than Queen and this legislation, I would like to discuss some of but most conservatives stand to fare badly in married,’’ said Elizabeth I, and so say I. My objective opinion, however, conforms with the reasons why I feel it is morally necessary. this debate. Will Durant wrote, ‘‘When reli- gion submits to reason it begins to die.’’ In Timothy Dwight: ‘‘It is incomparably better Same-sex ``marriages'' demean the fun- that individuals should suffer than that an damental institution of marriage. They legiti- a media-saturated society teeming with talk-show producers casting dragnets over institution, which is the basis of all human mize unnatural and immoral behavior. And think tanks, proponents of gay marriage, good, should be shaken or endangered. they trivialize marriage as a mere ``lifestyle win merely by being scheduled. By contrast, [From the Washington Post, May 21, 1996] choice.'' the conservative instinctively recoils from NOT A VERY GOOD IDEA The institution of marriage sets a necessary analyzing eternal verities. He may know the and high standard. Anything that lowers this words to legal arguments such as ‘‘the need (By William J. Bennett) standard, as same-sex ``marriages'' do, inevi- to show a compelling state interest, etc,’’ We are engaged in a debate which, in a less tably belittles marriage. but he doesn’t know the tune. In the final confused time, would be considered pointless Traditional marriage has served across the analysis he believes in the sanctity of mar- and even oxymoronic: the question of same- majority of cultures as a foundation for a sta- riage ‘‘just because.’’ sex marriage. To liberals, the just-because mindset be- But we are where we are. The Hawaii Su- ble society. Undermining traditional marriage tokens racism. Therefore, anyone who op- by forcing States to legalize same-sex ``mar- preme Court has discovered a new state con- poses gay marriage must hate blacks. Anti- stitutional ‘‘right’’—the legal union of same- riages'' will have far-reaching social con- gay marriage laws will be equated with the sequences. The attempt to legitimize same- sex couples. Unless a ‘‘compelling state in- old anti-miscegenation laws, producing tor- terest’’ can be shown against them, Hawaii sex ``marriages'' threatens our cultural values tured sophistry about ‘‘the difference be- will become the first state to sanction such that have proved their worth down the cen- tween race and sex.’’ The liberal will claim unions. And if Hawaii legalizes same-sex turies. that all differences are the same, forcing the marriages, other states might well have to Those who seek to overturn our system of conservative to claim that some differences recognize them because of the Constitution’s values are attempting to achieve not just tol- are more different than others. Caught in an Full Faith and Credit Clause. Some in Con- Orwellian trap, terrified of being called a eration of their behavior, but full social accept- gress recently introduced legislation to pre- racist, he will seek safety in a soundbite of vent this from happening. ance as well. We should not undermine the chortling folksiness. standards that elevate civilization. ‘‘When a baby is born, people don’t say ‘it’s Now, anyone who has known someone who We must act now to preserve traditional white’ or ‘it’s black,’ they say ‘it’s boy’ or has struggled with his homosexuality can ap- marriage as the foundation of American soci- ‘it’s girl.’ ’’ preciate the poignancy, human pain and Because this makes no sense, it becomes sense of exclusion that are often involved. ety. I urge my colleagues to defend the institu- One can therefore understand the effort to tion of marriage by voting ``yes'' on H.R. 3396. instantly popular. Repeated incessantly on talk shows, it starts running through our achieve for homosexual unions both legal [From the National Review, June 3, 1996] heads like the beat-beat-beat of the tom- recognition and social acceptance. Advocates THE MISANTHROPE’S CORNER toms in ‘‘Begin the Beguine,’’ intensifying of homosexual marriages even make what (By Florence King) when Bob Dole soundbites it into a back-to- appears to be a sound conservative argu- Gay marriage is a consummation devoutly basics vision of blood and sex and whatever ment: Allow marriage in order to promote to be missed, but it’s a dead cert. If you in a prime-time press conference. faithfulness and monogamy. This is an intel- doubt it, try to remember the last time Then Jesse Jackson and the feminists ligent and politically shrewd argument. One America turned down a vocal minority. In change the word order, ostentatiously plac- can even concede that it might benefit some the Sixties we were the Girl Who Can’t Say ing ‘‘black’’ before ‘‘white’’ and ‘‘girl’’ before people. But I believe that overall, allowing No, but she was a font of virtue compared to ‘‘boy’’. Remembering to say it the PC way same-sex marriages would do significant, what we are now. Overcome by miasmic becomes such an overriding obsession that long-term social damage. gases of diversity and inclusion wafting from we forget what it has to do with gay mar- Recognizing the legal union of gay and les- the Nineties swamp, we have turned into the riage, especially after Clarence Page points bian couples would represent a profound Punchdrunk Kid, a twitching lummox with out that in slave days the color of a baby was change in the meaning and definition of mar- cauliflower ears who mumbles ‘‘Sure, Jake, indeed the first thing people noticed. riage. Indeed, it would be the most radical sure’’ to everybody. Soon, Republicans panicked by mounting step ever taken in the deconstruction of soci- The preliminary stage of brainwashing is accusations of racism suggest that gay cou- ety’s most important institution. It is not a already underway. ‘‘Husband’’ and ‘‘wife’’ ples be allowed to register their unions and step we ought to take. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7495 The function of marriage is not elastic; the front page, gay and homosexual,’’ according believe it shouldÐit would simply exempt a institution is already fragile enough. Broad- to one psychologist who works with the State from legally recognizing a marriage that ening its definition to include same-sex mar- schools. ‘‘Kids are jumping on it . . . [coun- did not fit it's own definition of marriage. riages would stretch it almost beyond rec- selors] are saying, ‘What are we going to do States would still be free to recognize gay ognition—and new attempts to broaden the with all these kids proclaiming they are bi- definition still further would surely follow. sexual or homosexual when we know they marriages if they so choose. However, and On what principled grounds could the advo- are not?’ ’’ most importantly, this act would define ``mar- cates of same-sex marriage oppose the mar- If the law recognizes homosexual mar- riage'' as ``only a legal union between one riage of two consenting brothers? How could riages as the legal equivalent of heterosexual man and one woman as husband and wife'' at they explain why we ought to deny a mar- marriages, it will have enormous repercus- the Federal level. This Federal definition would riage license to a bisexual who wants to sions in many areas. Consider just two: sex ensure that a State could not define a ``mar- marry two people? After all, doing so would education in the school and adoption. The riage'' that the Federal Government would be a denial of that person’s sexuality. In our sex education curriculum of public schools have to recognize. If the Federal Government time, there are more (not fewer) reasons would have to teach that heterosexual and than ever to preserve the essence of mar- homosexual marriage are equivalent. does not act now, and Hawaii legalizes homo- riage. ‘‘Heather Has Two Mommies’’ would no sexual marriage, the Federal Government Marriage is not an arbitrary constrict; it is longer be regarded as an anomaly; it would would then be obliged to provide the same an ‘‘honorable estate’’ based on the different, more likely become a staple of sex education benefits that heterosexual marriages currently complementary nature of men and women— curriculum. Parents who want their children receive. Unless this bill is passed establishing and how they refine, support, encourage and to be taught (for both moral and utilitarian a Federal definition of marriage, all Americans complete one another. To insist that we reasons) the privileged status of hetero- will then be paying for benefits for homosexual maintain this traditional understanding of sexual marriage will be portrayed as intoler- marriages. marriage is not an attempt to put others ant bigots; they will necessarily be at odds Yes, we must put our foot down. Unless we down. It is simply an acknowledgment and with the new law of matrimony and its de- celebration of our most precious and impor- rivative curriculum. pass the Defense of Marriage Act, we will put- tant social act. Homosexual couples will also have equal ting our stamp of approval on gay marriages, Nor is this view arbitrary or idiosyncratic. claim with heterosexual couples in adopting forcing the rest of the Nation to follow the It mirrors the accumulated wisdom of mil- children, forcing us (in law at least) to deny whim of one State. This bill simply preserves lennia and the teaching of every major reli- what we know to be true: that it is far better the sanctity of the act of marriage between a gion. Among worldwide cultures, where there for a child to be raised by a mother and a fa- man and a woman. It is a bill which will en- are so few common threads, it is not a coin- ther than by, say, two male homosexuals. sure that each State will not have to follow the cidence that marriage is almost universally The institution of marriage is already reel- ing because of the effects of the sexual revo- lead of another on this issue. This bill will give recognized as an act meant to unite a man each State the leverage it deserves to decide and a woman. lution, no-fault divorce and out-of-wedlock To say that same-sex unions are not com- births. We have reaped the consequences of for itself whether or not to legalize gay mar- parable to heterosexual marriages is not an its devaluation. It is exceedingly imprudent riages. argument for intolerance, bigotry or lack of to conduct a radical, untested and inherently However, as we all know, this is more than compassion (although I am fully aware that flawed social experiment on an institution just a legal discussion. We are here because it will be considered so by some). But it is an that is the keystone in the arch of civiliza- the issue of gay marriages is a moral one. argument for making distinctions in law tion. That we have to debate this issue at all Marriage, no matter what your religious belief, about relationships that are themselves dis- tells us that the arch has slipped. Getting it is a sacred act. It is the joining of a man and tinct. Even Andrew Sullivan, among the firmly back in place is, as the lawyers say, a ‘‘compelling state interest.’’ a woman in a unity that is officially recognized most intelligent advocates of same-sex mar- by the State. Marriage is the foundation of our riage, has admitted that a homosexual mar- Mr. LIPINSKI. Mr. Chairman, I rise today to riage contract will entail a greater under- society; families are built on it and values are express my full support of the Defense of Mar- passed on through it. In our current age, standing of the need for ‘‘extramarital out- riage Act. The issue of homosexual marriage lets.’’ He argues that gay male relationships where the sanctity of marriage is constantly are served by the ‘‘openness of the contract,’’ is a major concern to many Americans, and I being compromised, I feel that we must seize and he has written that homosexuals should feel that the time has come for Congress to this rare opportunity to strengthen it. Homo- resist allowing their ‘‘varied and com- take a stand. What we say today and how we sexual marriages are not necessary; gays can plicated lives’’ to be flattened into a ‘‘single, vote on this bill have both legal and moral legally achieve the same legal ends as mar- moralistic model.’’ ramifications for years to come. We cannot sit riage through draft wills, medical powers of at- But this ‘‘single, moralistic model’’ is pre- by and do nothing. cisely the point. The marriage commitment torney, and contractual agreements in the Legally, the Defense of Marriage Act is what event that the relationship should end. There- between a man and a woman does not—it its title states. It will define the act of marriage cannot—countenance extramarital outlets. fore, asking the rest of the country to recog- By definition it is not an open contract; its for Federal purposes and preserve its sanctity. nize such marriages does nothing that the law essential idea is fidelity. Obviously that is Currently, Federal law has no definition of the cannot currently do, it is simply asking for spe- not always honored in practice. But it is nor- words ``marriage'' or ``spouse,'' even though cial privileges. mative, the ideal to which we aspire pre- the Federal Government uses those terms fre- I feel that marriage is not an area where the cisely because we believe some things are quently. Traditionally, it has relied upon the law should bend. Our Nation's moral fabric is right (faithfulness in marriage) and others relevant State's law when applying those based on this sacred institution. Homosexual are wrong (adultery). In insisting that mar- terms. However, today we are at a crossroads marriages would destroy thousands of years riage accommodate the less restrained sex- with this practice, and it is time to make a ual practices of homosexuals, Sullivan and of tradition which has upheld our society. Mar- his allies destroy the very thing that sup- choice. Right now a lawsuit in Hawaii may riage has already been undermined by no-fault posedly has drawn them to marriage in the lead to the legalization of homosexual mar- divorce, pregnancies out of wedlock, and sex- first place. riages in that State. The repercussions of such ual promiscuity. Allowing for gay marriages There are other arguments to consider a decision would legally affect us all. The full would be the final straw, it would devalue the against same-sex marriage—for example, the faith and credit clause of the Constitution re- love between a man and a woman and weak- signals it would send, and the impact of such quires that every State honor the ``Public Acts, en us as a Nation. I have received numerous signals on the shaping of human sexuality, Records and Judicial Proceedings of [every letters and calls from constituents asking me particularly among the young. Former Har- other] State unless specified by Congress.'' By vard professor E.L. Pattullo has written that to vote for this legislation. Literally thousands ‘‘a very substantial number of people are this clause, all 49 other States would then be of churches across the country have asked us born with the potential to live either required by law to recognize a marriage be- for our support. The American people have straight or gay lives.’’ Societal indifference tween members of the same sex as legal for spoken, and now we have the responsibility to about heterosexuality and homosexuality all State purposes. Further, because we cur- answer them. My fellow Congressmen and would cause a lot of confusion. A remarkable rently have no definition of marriage on the Congresswomen, I hope that you have the 1993 article in The Post supports this point. rule books, the Federal Government would be moral strength to vote with me for this bill so Fifty teenagers and dozens of school coun- forced to recognize such homosexual mar- that it may be passed. Our country's moral fu- selors and parents from the local area were riages for Federal benefit purposes. interviewed. According to the article, teen- ture depends on it. agers said it has become ‘‘cool’’ for students The Defense of Marriage Act would safe- Mr. JACKSON of Illinois. Thank you, Mr. to proclaim they are gay or bisexual—even guard the rest of the country from the decision Chairman, for the opportunity to address what for some who are not. Not surprisingly, the made by one State. The American people I fear to be the serious constitutional implica- caseload of teenagers in ‘‘sexual identity cri- might be surprised to learn that this bill would tions implicit in H.R. 3396, ``Defense of Mar- sis’’ doubled in one year. ‘‘Everything is not outlaw homosexual marriages; although I riage Act.'' Specifically, I am concerned that H7496 CONGRESSIONAL RECORD — HOUSE July 12, 1996 this bill poses serious constitutional questions because of ``the fear of the Congress over a form of legislation with respect to achieving on two grounds: First, the full faith and credit hundred years ago was that polygamous mar- the perceived governmental purpose of clause of the U.S. Constitution, and second, riages that were polemized in Utah would ``protect[ing] the institution of marriage'' by de- the equal protection clause of the U.S. Con- have to be recognized in the other States.'' fining a marriage only as ``a legal union be- stitution. This statement suggests that Congress con- tween one man and one woman as husband Upon hearing proponents of this bill argue templated over one hundred years ago that and wife.'' It thus follows that there does not that this bill does not violate the full faith and the drafters of the Constitution intended that seem to be a rational basis between H.R. credit clause of the U.S. Constitution, and all States, not only those which choose to, 3396 and the intended governmental purpose. after studying the analysis of constitutional ex- must give ``full faith and credit'' to the ``Acts, Moreover, the Supreme Court this term in perts, and in particular, Prof. Chai Feldblum of Records and judicial Proceedings'' of all other the case of Romer v. Evans 64 U.S.L.W. 4353 the Georgetown University Law Center, I feel States, including the recognition of out-of- (1996) rejected amendment No. 2 of the Colo- compelled to express my serious concerns on State marriage, and interpreted that require- rado State Constitution on the grounds that this point. ment to its most literal meaning. there was no rational basis between amend- IMPLICATIONS FOR THE FULL FAITH AND CREDIT CLAUSE Proponents of this bill argue that allowing ment No. 2's repudiation of special protection While the Supreme Court has not specifi- States to not recognize the public acts of an- for homosexuals and the State's articulated cally applied the full faith and credit clause to other is a constitutional exercise of Congress' governmental purpose. the status of marriage, we do know that there power under sentence two of the clause. Mr. Approximately 17 areas of federally enacted is absolutely no legal precedent for Congress Chairman, How can this be if this bill directly legislation and programs would be affected if to invite some States to ignore the official acts contravenes sentence one's mandate that this bill were to become law, specifically bank- of others. Mr. Chairman, section 2 of this bill every State is required to recognize the official ing; bankruptcy; civil service; consumer credit; adds a section to the Federal full faith and public acts and judicial proceedings of other copyright; education' Federal lands and re- credit statute, which is no doubt an unconstitu- States? sources; housing; immigration; judiciary; labor; tional attempt to do just this. If we are to follow the flawed logic of this ar- military; social security; taxation; veterans; the The full faith and credit clause of the U.S. gument, it would follow that sentence two of Soldiers' and Civil Relief Act; and, welfare. Constitution, article IV, clause 1, provides, and the clause must be read to say that States In effect, this bill would deny gay men and I quote: must recognize the official acts of other States women hospital visitation rights, health cov- Sentence One: except when Congress passes a law that says erage, and other forms of insurance, inherit- Full Faith and Credit shall be given in they don't have to. Mr. Chairman, this not only ance and taxation rights, government benefits each State to the public Acts, Records, and flies in the face of every States rights argu- for spouses, immigration rights for spouses, judicial Proceedings of every other State. ment I have heard from the majority since I and other rights. Just as the States should not Sentence Two: began serving in this body, but it also has the interfere in any way with religious ceremonies, And the Congress may by general Laws unconstitutional effect of amending the full religious groups may not govern who receives prescribe the manner in which such Acts, faith and credit clause of the Constitution with- a civil marriage license. This would in fact Records and Proceedings shall be proved, and out actually going through the very cum- pose serious problems for the fundamental the Effect thereof. bersome and challenging process of amending principle of the separation of church and state In other words, each State must give ``full the Constitution through a two-thirds majority implicitly established in the first amendment of faith and credit'' to other State laws, and must vote in both houses of Congress and ratifica- the U.S. Constitution. fully recognize the acts and proceedings of tion by the States. Mr. Chairman, when I came to Congress, I other States. For example, in the case of Wil- IMPLICATIONS FOR THE EQUAL PROTECTION CLAUSE placed my hand on the Bible and swore to up- liams v. North Carolina, 317 U.S. 287, 295 Additionally, H.R. 3396 could engender hold the Constitution; now, I am being asked (1942), the Supreme Court interpreted the equal protection challenges because the law to place my hand on the Constitution and up- clause as serving the purpose of ``alter[ing] the may not survive the rational basis test adopted hold the Bible, the Koran, the Torah, and other status of the several states as independent by the Supreme Court with respect to legisla- religious doctrine. The U.S. Constitution must foreign sovereignties, each free to ignore the tion establishing certain types of classifica- remain the supreme law of the land. This doc- obligations created under the laws or by the tions. H.R. 3396 would allow a State not to ument protects the rights of all to believe and judicial proceedings of the others, and to recognize same-sex marriages legalized in worship as they choose. make them integral parts of a single nation.'' other States if it so chooses. Therefore, it is I swore to uphold the Constitution against Never once has Congress implemented necessary to determine whether there is ra- enemies foreign and domestic, to protect mi- laws allowing States not to recognize certain tional connection between this law and the in- norities and minority viewpoints from the tyr- ``Acts, Records, and judicial Proceedings'' of tended governmental purpose it seeks to fur- anny of the majority, to protect African-Ameri- another State. In fact, Congress has height- ther. cans from racism, Jews from anti-Semitism, ened each State's recognition responsibilities In the case of Baehr v. Lewin, 852 P. 2d 44 Arabs from anti-Arabism, women from sexism, under the clause by enacting the following (Haw. 1993) the Hawaii State Supreme Court and gays and lesbians from homophobia and pieces of legislation: rejected the arguments made to deny the right discrimination. First, the Parental Kidnapping Prevention of two individuals of the same sex to marry on With this vote, I am sending a message to Act of 1990 requires States to enforce, not ig- the basis that Hawaii's State Constitution con- all coalitions that those who have sworn to nore, other States' child custody determina- siders classifications on the basis of sex to be protect the Constitution will do just that. We tions; suspect in nature and subject to strict scrutiny will protect their rights. Second, the Full Faith and Credit for Child analysis. However, for purposes of Federal If defense of marriage meant a job in every Support Orders of 1994 requires that other constitutional challenge, legal experts have household and adequate education for all chil- States enforce, not ignore, child support deter- come to the conclusion that the rational basis dren; if defense of marriage meant a single- minations of other States; and test would probably be used to consider the family home for all Americans; if defense of Third, the Safe Homes of Women Act of constitutionality of the H.R. 3396. marriage meant universal health care for all 1994 requires that States recognize, not ig- The authors content that H.R. 3396 is nec- Americans, then we would be truly addressing nore, the protective orders of other States to essary for the preservation of the institution of the moral crisis confronting the institution of protect victims of domestic violence. marriage, hence the title of the bill. However, marriage. Thus, Congress has only passed legislation would H.R. 3396 in fact allow the United We know, however, that the Defense of strengthening, not weakening, requirements States to further its interest in the preservation Marriage Act compels this Congress to exceed on States to recognize the ``Acts, Records and of the institution of marriage? Or put dif- the boundaries of its constitutional authority. judicial Proceedings'' of another. Therefore, it ferently, I have not yet heard of any empirical This bill offends the Constitution, by violating is undoubtedly clear why many constitutional data which may even mildly suggest the ra- both the full faith and credit and equal protec- scholars have concluded that Congress would tional and logical connection between H.R. tion clauses of this sacred document. go beyond the scope of its legislative powers 3396 and its intended governmental purpose. Whether churches choose to perform cere- under the Constitution in passing H.R. 3396. Considering that one in two marriages result monies is within the domain of the churches to It is noteworthy that during the subcommit- in divorce in the U.S., and that many children decide. Under the Constitution, our national tee consideration of this bill, Representative of heterosexual marriages are suffering from government must uphold the wall between SENSENBRENNER stated that Utah's admission family-unit-debacle, it is safe to conclude that church and state. We know that we cannot to the Union was delayed for several years H.R. 3396 is by far not the most appropriate dictate the churches' activities. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7497 It is also clear that the church cannot in- I recognize the general, pervasive discrimina- Mrs. MALONEY. Mr. Chairman, I rise in struct the government to restrict the rights of tion gay men and lesbians face in society and strong support of the Frank amendments to the church, their followers, or their faith; nor in this House. I also recognize that many will H.R. 3396, the Defense of Marriage Act. can the church call upon Congress to con- disagree with me, but by advocating discrimi- This has been a Congress that has repeat- travene or undermine the Constitution. nation, we're breaking down the bonds which edly talked about sending power back to the Both the Bible and the Constitution have a hold this Nation together when we should be States. role, but they are different roles. The Bible did strengthening them. I urge all my colleagues But now, all of a sudden, the Federal Gov- not free African-Americans, it saved African- to oppose this unfair, unnecessary and uncon- ernment must step in on the issue of mar- Americans and it saved me. The Emancipation stitutional legislation. riage, an issue which has always been de- Proclamation and the 13th amendment did not Mrs. COLLINS of Illinois. Mr. Chairman, I cided by the States. save me, but it did outlaw slavery. I am saved rise in support of the gentleman from Massa- Hawaii is now examining this issue, but the today because of the Bible, but I am in Con- chusetts' amendment that suspends the defini- court case is not expected to be settled for gress today because of the 14th amendment tion of marriage for any State that adopts a about 2 more years. and the Constitution as amended. different definition through its normal demo- From a legal perspective, because same- Mr. Chairman, in light of the foregoing, I cratic process. sex marriage is not legal, this bill is not nec- caution my colleagues to look closely at these Mr. Chairman, the so-called Defense of essary except as a direct attack on gays and issues before supporting this bill. Marriage Act should really be called the Re- lesbians. Ms. ESHOO. Mr. Chairman, I rise today in publican Offense on People Who are Different Constitutionally, this bill is also not nec- opposition to what I view as an unfair, unnec- Act because it is nothing more than blatant essary. According to the ``full faith and credit'' essary and unconstitutional bill. This measure homophobic gay-bashing. provision of the Constitution, States already will federally codify discrimination against a The conservative elements of our American have the power not to recognize same-sex group of Americans striking a blow to justice society have often discriminated against and marriages. and equal treatment for all people. tried to prevent whatever they didn't like or There is no clear, compelling reason for the Mr. Chairman, less than 30 years ago many didn't understand. It hasn't been so long ago Federal Government to step in nowÐexcept a in this Nation believed that allowing interracial that blacks and whites weren't allowed to purely political one. couples to marry would seriously denigrate marry in any State. So, devoted couples But this issue is more than a legal oneÐit American society, and many State laws re- pledged their commitment to caring for each is about civil rights, it is about fairness, and it flected that. The U.S. Supreme Court invali- other in private ceremonies, their children is about equal rights for all citizens. dated these laws, recognizing the freedom to were considered illegitimate, and the spouses Despite the rhetoric of the religious right, marry as ``one of the vital personal rights es- were not legally entitled to inherit from their one can honor the relationship between a man sential to the orderly pursuit of happiness by partners, nor share in any public benefits. and a woman without attacking lesbian and free men.'' Should the Federal Government And, not so long ago, 50 States and the gay people or their relationships. step in and dictate to States, it would be an District of Columbia had very different laws This issue is important to me because it is abrogation of States' rights. about who could marry, the age the partners important to my constituents. Currently, no State permits same-sex mar- had to be, the length of the waiting period be- Over 1,000 of my constituents have con- riages. Hawaii is debating the issue, but the tween applying for a marriage license and the tacted me to express their opposition to this final decision is not expected for another 2 ceremonyÐand they still do. Even now there blatant form of discrimination. years. Furthermore, States already have the are different laws about divorce, about resi- I agree with one writer who saidÐthis legis- capacity to determine whether they will recog- dency requirements to obtain a divorce, about lation is ``nothing more than an attempt to di- nize marriages performed in other States. the kind of alimony or support one spouse has vide the country by beating up on gay men to pay to another, and many other differences. Most importantly, in the entire history of this and lesbians.'' NationÐfor over 200 yearsÐnever has the The Federal Government sorts out who is eli- Another constituent added, ``Congress gible to benefit from public support from these Federal Government intervened in the State should be attending to the business of the spouses and former spouses, even as people regulation of marriage. Never. The 10th country, not attacking American citizens.'' move from one State to another; and the Fed- amendment to our ConstitutionÐwhich we are I couldn't have said it better. eral Government can and will continue to sort sworn to upholdÐstates that powers not enu- This bill is about discrimination, pure and these issues out as they become timely, which merated to the Federal Government are re- simple. this Offense on Marriage Act is not. I urge my colleagues to support the Frank served to the States. So, I ask my colleagues, The issue of who should marry within a amendments. why are we getting involved? State are the proper jurisdiction of the individ- Mr. Chairman, I yield back the bal- This brings me to my final point. This meas- ual States. My grandmother probably couldn't ance of my time. ure is unconstitutional. Article four, section one envision a time when interracial marriages The CHAIRMAN. The question is on of the U.S. Constitution states that the ``Full would be legal in America, but today they are. the amendment offered by the gen- Faith and Credit shall be given in each State One kind of discrimination is just as onerous tleman from Massachusetts [Mr. to the public Acts, Records, and judicial Pro- as another, and neither should be tolerated. FRANK]. ceedings of every other State.'' We cannot For the Republican majority of this Congress The amendment was rejected. alter the U.S. Constitution with a simple act of to be taking up this bill, which attempts to Congress. In addition, the 14th amendment usurp States' rights, makes a farce of their fre- PREFERENTIAL MOTION provides for ``equal protection of the laws'' for quent rallying cry to limit Federal intrusion into Mr. GUNDERSON. Mr. Chairman, I all citizens. Clearly the rights of gay and les- the personal lives of America's citizens. How- offer a preferential motion. bian citizens would be abridged by this bill. ever, when it concerns a woman's right to The CHAIRMAN. The Clerk will re- Just as the Supreme Court found in 1967 that choose, or in this case the rights of adults to port the motion. racial distinctions between citizens are ``odious choose their life partners, the Republicans The Clerk read as follows: to a free people whose institutions are found- abandon their mantra of preserving States Mr. GUNDERSON moves that the committee ed upon the doctrine of equality,'' the Court rights. do now rise and report the bill back to the would again, I believe, invalidate this bill. The This bill should be defeated and I urge my House with the recommendation that the en- Court most recently ruled that targeting a seg- colleagues to use their common sense and acting clause be stricken out. ment of society with animus must be unconsti- leave this issue up to the States. It is The CHAIRMAN. The gentleman tutional. homophobic and discriminatory, and it at- from Wisconsin [Mr. GUNDERSON] is Lastly, there is clearly a political agenda tempts to address a situation that should be recognized for 5 minutes in support of driving this legislation. Barely 30 legislative left up to the States. It is not the proper juris- his motion. days remain before the election and we have diction of the Congress or the Constitution. (Mr. GUNDERSON asked and was yet to complete our constitutionally mandated As I walk past the Republican side of the given permission to revise and extend responsibility of funding the government. Yet aisle, I expect to hear something similar to an his remarks.) we are debating this election-year ploy by a old joke from the civil rights era: ``Some of my Mr. GUNDERSON. Mr. Chairman, I party attempting to divide the Nation. We are good friends are gay, I just wouldn't want my offer this motion today so that I might not debating the granting of a sacrament of son or daughter to marry one.'' ask a question. marriage: Congress can't do that. We are de- My response is that: that's their own per- Why are we so mean? Why are we so bating States' rights and the rights of privacy. sonal, private business. motivated by prejudice, intolerance H7498 CONGRESSIONAL RECORD — HOUSE July 12, 1996 and, unfortunately in some cases, big- this with me, suggested that while he Mr. Chairman, I rise in opposition to H.R. otry? Why must we attack one element could not support a commission he 3396, the Defense of Marriage Act. This bill is of our society for some cheap political could support a GAO study. So I draft- unnecessary, discriminatory and possibly un- gain? Why must we pursue the politics ed an amendment which calls for such constitutional. There is no question that we of division, of fear, and of hate? a GAO study to be a part of this bill, have real problems with family disintegration Yes, marriage is under attack in our and I shared it with the gentleman in this country, but this legislation is not in- society today, but may I suggest to my from Illinois and Chairman GINGRICH. tended to defend or improve the success of colleagues it is not because of same-sex Unfortunately, others in my party in- marriage, rather it is intended to further divide relationships. In all due respect, les- sisted that this small step of basic de- the country over the issue of gay rights. bians have no interest in making any- cency and respect not be included in I'm saddened that, at a time when so many one their husband and gay men have no this bill. important issues face this country we are tak- interest in pursuing anyone’s wife. Unfortunately such action, I think, ing up valuable time discussing a bill that truly Rather, marriage might be under at- exposes this legislative initiative for is a solution in search of a problem. tack because of alcohol abuse, because the mean political game it is. And I am Same sex marriage is not currently legal of spousal abuse and, might I suggest, truly sorry about that. anywhere in the United States. And in over even Sunday afternoon football. I stand here today with respect and 200 years, the Federal Government has never Like most of my colleagues, I too with love for each of you as fellow attempted to develop a Federal definition of grew up with basical traditional val- Members of the human race. All I ask marriage. That right and responsibility has ues. My religion and my heritage also in return is that you do not inten- been left to the States. define marriage as a union between one tionally make me any less worthy than The Federal Government recognizes any man and one woman. So I went to my you. State sanctioned marriage. However, States party’s leadership and I went to the Mr. Chairman, I ask unanimous con- do not have to give full faith and credit to mar- distinguished gentleman from Illinois, sent that the motion be withdrawn. riages sanctioned in other States. For in- The CHAIRMAN. Is there objection Chairman HYDE, and I went to Speaker stance, my home State of Oregon does not to the request of the gentleman from GINGRICH, and I said I am willing, as a recognize marriages of 12-year-olds, but the gay man, to support your efforts to re- Wisconsion [Mr. GUNDERSON]? State of Massachusetts allows 12-year-old fe- There was no objection. affirm that the word marriage rep- males to marry, and the State of Alabama al- resents a union between a man and a AMENDMENT OFFERED BY MR. FRANK OF lows 14-year-olds to marry. In fact, several MASSACHUSETTS woman. All I ask in return is that we States even allow first cousins to marry. Mr. FRANK of Massachusetts. Mr. take the meanness out of this legisla- So if States can already refuse to recognize Chairman, I offer an amendment made tive initiative. certain kinds of marriages performed in other in order by the rule. States, what is the point of this legislation? I ask my leadership to recognize that The CHAIRMAN. The Clerk will des- If, as the proponents of this legislation those of us who happen to be in long- ignate the amendment. term loving relationships also might be The text of the amendment is as fol- claim, States do not have the authority to considered or at least studied for the lows: claim exemption from the full faith and credit clause, then a simple statue is not adequate potential of legitimate benefits and Amendment No. 2 offered by Mr. FRANK of privileges. For example, if I were to get Massachusetts: Page 3, after line 20, insert: to circumvent the Constitution's full faith and sick, why should my partner not have (b) APPLICATION.— credit clauseÐwe would need to pass a con- automatic visitation rights and auto- (1) Subsection (a) shall not apply if the stitutional amendment. matic consultation with the doctor? State in which the persons affected by such So, again, what is the point of this legisla- I have letters in my office of people application of subsection (a) has determined tion? that the definition of ‘‘marriage’’ or from cancer to AIDS who have been de- And where would this type of legislation ‘‘spouse’’, or both, shall be different than lead us? We risk setting a dangerous prece- nied that basic privilege. When a friend that in subsection (a), provided such State of mine died last year of AIDS, his determination is in the form of— dent by crossing the threshold of preempting partner of 16 years could not sign the (A) legislation; or States by establishing a Federal definition of documents at the funeral home. Must (B) citizen initiative or referendum. marriage. Once we cross that threshold, what we impose such indignities upon people (2) In the case where such a determination is to prevent the Federal Government from is made by judicial decision interpreting a even upon the death of their very best setting a national age of majority for marriage State constitution, subsection (a) shall cease and preempting all States as in China where friend in life? to apply if the minimum time necessary in And frankly, I want to ask my col- that State for an amendment to the State the legal marriage age has been set as high leagues, why should my partner of 13 constitution elapses and the State’s deter- as 28 years old, and changes almost annually. years not be entitled to the same mination remains in effect. Furthermore, what is to prevent the Federal health insurance and survivor benefits (3) In the case where such a determination Government from setting new and rigorous that individuals around here, my col- is made by judicial decision interpreting a standards for divorces preempting all State State statute, subsection (a) shall cease to leagues with second and third wives, laws? apply with the adjournment of the next ses- I have long supported the ability of long- are able to give to them? sion of the State legislature. So I asked my leadership, can we at Page 3, line 21, strike ‘‘(b)’’ and insert term committed domestic partners to receive least put together a commission to ‘‘(c)’’. some sort of legal recognition. There are a compare the privileges, rights and ben- The CHAIRMAN. Pursuant to House host of areas where family members need efits given to those in marriage but de- Resolution 474, the gentleman from legal standingÐhospital visitations when nied to those in long-term relation- Massachusetts [Mr. FRANK] and a Mem- someone is critically ill or injured, to be at a loved one's side when they die, decisions ships? We will not change any policy, ber opposed each will control 71⁄2 min- we will not change anything in the bill, utes. about medical care and guardianship for rather we would seek simply to look at The Chair recognizes the gentleman someone who is ill or incapacitated, and the Federal, State and international law so from Massachusetts [Mr. FRANK]. authority to carry out someone's last wishes, that we might have a body of accurate Mr. FRANK of Massachusetts. Mr. to name a few. information upon which to deliberate Chairman, let me reassure those Mem- A number of local jurisdictions around the in the future. bers with ‘‘rollcall envy’’ that they can country have extended legal rights to domestic partners. That is exactly where these types of b 1256 have one on this one. Mr. Chairman, I yield such time as he decisions should be madeÐby local commu- In so doing, we would not only reaf- may consume to the gentleman from nities and States, not by the Federal Govern- firm the traditional definition of mar- Oregon [Mr. DEFAZIO]. ment dictating and mandating these issues for riage, but we would also send the sig- (Mr. DEFAZIO asked and was given them. nal of our sensitivity and respect to permission to revise and extend his re- This is not serious legislation to address a those who happen to be gay or lesbian. marks.) real need in this country. It is a cynical political The gentleman from Illinois [Mr. Mr. DEFAZIO. Mr. Chairman, I rise gesture, which has more to do with Presi- HYDE] and I want to thank him for his in support of the amendment and in op- dential election year politics than addressing decency and sensitivity in discussing position to the bill. the needs of the American people. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7499 I urge my colleagues to oppose this legisla- involve under-age minors. Ironically, by enact- stand that. I think the rest of the tion. ing this law, Congress will, by implication, be House does. Mr. FRANK of Massachusetts. Mr. limiting the States authority to reject other Mr. CANADY of Florida. Mr. Chair- Chairman, I yield 2 minutes to the gen- types of marriage which may be contrary to man, I yield 2 minutes to the gen- tleman from Michigan [Mr. CONYERS], public policy. tleman from Georgia [Mr. BARR]. the ranking Democrat on the Commit- It seems clear to me that the only reason Mr. BARR of Georgia. Mr. Chairman, tee on the Judiciary. we are here even debating this issue is that I thank the gentleman for yielding. Mr. CONYERS. Mr. Chairman, I rise Republicans are intent on creating a political Mr. Chairman, the consummate clev- in support of this slimmed-down revi- issue completely out of thin air so they can erness of the amendment’s proponent is sion of section 3 to allow the States, demonize gay and lesbian individuals and fur- obvious once again. His first amend- which enact their own same-sex mar- ther divide the American people. The Contract ment was a killer amendment, pure riage laws, to have those marriages re- With America has been a flop, the Repubican and simple. It trained its cross hairs on spected by the Federal Government. Party is behind in the polls, and their leader- the heart of the bill and made no bones Surely, Members on the other side of ship is desperately trying to manufacture about it. This one is a little bit dif- the aisle can support this amendment. widge political issues. If there were any other ferent. It trains its cross hairs on the I hope they can. reason, they would slow this bill down, wait for heart of the bill, but it kills it with a Mr. Chairman, I hope that the excel- the courts and the State of Hawaii to act, and silencer. Yet the result would be the lent job of whipping up the populace seriously analyze the legal implications of same. into a frenzy will subside somewhat what they are doing. The fact of the matter is, Mr. Chair- and we can consider what we are deal- Fortunatley, I don't think the American peo- man, it is the prerogative, the author- ing with. ple will be fooled by this legislative red her- ity, the responsibility, and the sole ju- For my good friend, the gentleman ring. They want real solutions that improve risdictional power of the Congress of from Florida [Mr. CANADY], the sub- their every day lives, not legislative placebos. the United States to determine the committee chairman who keeps laying We can begin doing so by voting for this reach of Federal laws, Federal benefits, this 70-percent population figure on us, amendment and returning power back to the Federal regulations. may I remind the gentleman that 70 States. I matters not whether that power is percent of the population was against ANNOUNCEMENT BY THE CHAIRMAN attempted to be usurped by a State ending segregation when the civil The CHAIRMAN. The Chair would court, a State legislature, or the citi- rights laws passed in the United States note that remarks in debate should be zens of a State by referendum. The fact of America in the sixties. The gen- addressed to the chair. of the matter is they cannot do so. tleman shakes his head negatively, but Mr. CANADY of Florida. Mr. Chair- They should not be allowed to do so. he is incorrect. man, I rise to claim the time in opposi- And for any Member of this body to Now, I wish my good friend from Wis- tion to the Frank amendment. stand up and say on behalf of my 20 consin who made his very impassioned The CHAIRMAN. The gentleman constituents, I am going to abrogate remarks would have included in the from Florida [Mr. CANADY] is recog- that responsibility to the citizens of a reasons for marriage being in trouble nized for 71⁄2 minutes. State, is an absolute outrage and an ir- in America, if it is, that it is because of Mr. CANADY of Florida. Mr. Chair- responsibility. It is a derogation of joblessness. I do not know what is man, I yield 11⁄2 minutes to the gen- their duty as a representative of the going on between all the spouses, but tleman from Wisconsin [Mr. SENSEN- people to protect the integrity of Fed- joblessness is a huge driving force. BRENNER]. eral powers, Federal jurisdiction, Fed- And finally, for ex-Senator Bob Dole, Mr. SENSENBRENNER. Mr. Chair- eral laws, benefits and responsibilities. who I give advice on occasion, why is man, I deeply regret that my colleague This amendment is a killer amend- he so angry that President Clinton from Wisconsin, Mr. GUNDERSON, left ment. It may be sugar coated, it may agrees with him on this issue? What is before we could respond to his remarks. have a silencer on it, but the effect is the beef, Bob? I mean, after all, you And I regret that he was not here when just as deadly. This amendment de- forced him to do this. I made my remarks on why this legis- serves to be defeated because if it is Mr. Chairman, we are going to stick lation is in front of us. not, the underlying bill will not be en- with the gentleman from Georgia [Mr. Mr. Chairman, this legislation is not acted into law, and I urge my col- LEWIS]. Eventually we will all come mean-spirited. It is not divisive. It is leagues to defeat this second Frank around and realize where this is going. not cynical. It is a legitimate response amendment. I thank the Members for their kind at- to a well-publicized legal move to try Mr. FRANK of Massachusetts. Mr. tention. to expand a decision in Hawaii to the Chairman, I yield myself the balance of I rise in strong support of the gentleman's rest of the country and to Federal law. my time. amendment revising section 3 of the bill to Now, the question is not whether or Mr. Chairman, so much for block allow States, which enact their own same sex not we are compassionate. I think we grants. We heard the gentleman from marriage laws, to have those marriages re- all are compassionate because Georgia. How dare we think that those spected by the Federal Government. uncompassionate people do not get State-elected officials ought to decide Around this body we hear a lot of talk about elected to Congress. But the question is how to spend Federal money. Do not States rights. Well this amendment gives all of how these issues should be debated and let them usurp and preempt. I could the Members a chance to back up their rhet- how the decision should be made. not have heard a better denunciation of oric. For more than 200 years Congress has I believe in the power of the people block grants from the staunchest fed- allowed determinations of marriage status to and the power of the Congress to make eralizing liberal around, because that be a purely State matter. Yet, unless this the right decisions and to do the right is what is at issue. amendment is adopted, we in the Congress thing. And we ought to have an open Mr. Chairman, I do appreciate the will be telling the States how to run their busi- debate on the issue of whether Federal reference of the gentleman from Geor- ness. We will be saying a marriage that they benefits should be expanded to couples gia [Mr. BARR] to my consummate have blessed is not good enough for Federal who get involved in gay marriages. The cleverness. There are circles in which I recognition. place for that debate, I would submit, will have to explain away having re- This amendment serves to illustrate the bla- is in the forum of public opinion, and ceived that compliment from him, but tant hypocrisy which characterizes the entire the greatest deliberative legislative I am willing to take on that burden. legislation. The entire matter has very little to body in the world, the Congress of the Mr. Chairman, the point is that the do with the Federal Government. It is black- United States, rather than having gentleman is upset because the amend- letter law that the States are free to reject judges that are not elected and judges ment is not stupid. And I apologize. marriages approved by other States which vio- that are not responsible to the people There is nothing in the rules that says late public policy. It is pursuant to this author- bootstrap a decision in one State to na- our amendments have to be stupid. I ity that States have invalidated marriages con- tional policy. anticipated some of their arguments. summated in other States which are incestu- Mr. Chairman, I am sorry the gen- They have been arguing, and let us be ous, polygamous, based on common law, and tleman from Wisconsin does not under- clear what this amendment says. This H7500 CONGRESSIONAL RECORD — HOUSE July 12, 1996 amendment leaves alone that part of have been accused of spousal abuse; Mr. Chairman, I hope the amendment the bill that purports to protect other who have been accused of and have ac- is adopted. States from having to do what Hawaii knowledged not supporting their chil- Mr. CANADY of Florida. Mr. Chair- does. I do not think they have to any- dren; who have had multiple divorces man, I yield the balance of my time to way, but this double protects them. and remarriages. Those are serious the gentleman from Illinois [Mr. That is not an issue. problems. We need to help people with HYDE], chairman of the Committee on This amendment says, and it says it that. the Judiciary. clearly. Indeed, let me say immodestly, But implicitly to blame those on the (Mr. HYDE asked and was given per- citing as authority the gentleman from fact that two men love each other is mission to revise and extend his re- Georgia, it says it ‘‘consummately extraordinarily unfair and that is why marks.) cleverly’’ or ‘‘cleverly consummately,’’ we heard the eloquent, passionate Mr. HYDE. Mr. Chairman, I thank that if a State by democratic proce- statement of the gentleman from Wis- the gentleman from Florida [Mr. dures, by involvement of its electorate, consin who proceeded me. He and I and CANADY] and my colleagues. either directly in a referendum or others are willing to take on the bur- Mr. Chairman, I can tell you this is through its legislature or by decision den of working out the difficulties of one of the most uncomfortable issues I to allow a court decision to stand after two human beings becoming mutually can think of to debate. It is something the time has gone by, if a State makes committed. I really shrink from because there is no a democratic decision that says if two Mr. Chairman, we are talking about gentle easy way, if we are to be honest men in this State are in love or two two human beings. And for those who and candid, to discuss the objections to women in this State are in love and pretend not to know the difference be- same-sex marriage, the disapprobation they are prepared to undertake the ob- tween a monogamous relationship be- of homosexual conduct, without offend- ligations of marriage, they are pre- tween two human beings and polyg- ing and affronting an ever-widening pared to live together and commit to amy, I must say that I think they group of people who have come to ac- each other, they are prepared to make debase and debate when they use that cept homosexual conduct. legal, binding representations to each kind of analogy. Everyone knows the But, Mr. Chairman, we are driven to other, the Federal Government will real difference. this debate. We are driven to this de- treat them in that State as it treats We are talking about mutuality; bate by the courts. The Romer versus anybody else. The Federal Government about two people loving each other and Evans case which was decided May 20 will treat them as the beneficiaries of committing to each other. Do Members of this year is a fascinating case, and it that democratic decision. know what they are saying if they vote provides really a preferred status for Mr. Chairman, what the bill says is if down this amendment? ‘‘No, you can- homosexual people, and may very well there is a referendum in a State, if not do that. How dare you have a invalidate a State’s heretofore unques- there is a unanimous vote in the legis- democratic vote in a State to allow tioned power to reject the conduct in lature to allow two people to love each two people to show love and commit- another State on public policy grounds. other, we the Federal Government will ment and affection. We cannot allow If a marriage was incestuous and it say no. Why? We heard the gentleman that, because it threatens our mar- was celebrated in one State, another from Georgia. Because we, the Federal riages.’’ State did not have to accept that on Government, will decide. Mr. Chairman, I do not believe any- public policy grounds. Now, there is a Again, let us not have any of this one really thinks it threatens their real question because of Romer versus block grant nonsense. Let us not talk marriages. I do not understand what Evans, a Supreme Court case. about State autonomy. We will sit here motivates them. In one case someone The fascinating thing is that the in Washington and tell Hawaii who can said: Do not allow them the sacrament Bowers versus Hardwick case was not love each other and who cannot. Of of matrimony. We have no power to even discussed in Romer versus Evans. course, they can make a law in Hawaii, give anyone any sacraments. We are Bowers versus Hardwick is a 1986 case but it will not be a real marriage. It not in the business of dispensing sacra- which said a State may criminalize the will not have Federal tax benefits; it ments, and I hope we never get there. act of sodomy. Twenty-five States have will not have pension benefits; it will Mr. Chairman, we are creating an in- laws criminalizing homosexual con- not have testimonial privilege. stitution called civil marriage. People duct. The defining act of homosexual- Let us be very clear, Mr. Chairman. I in this Chamber have taken full advan- ity is a crime in 25 States. It used to be appreciate the candor of the gen- tage of their right legally to divorce. in all the States, but many of the tleman. Let us not have any of this People have had several divorces. That States have reversed their laws because nonsense about State autonomy. That is not a sacrament. We did not create they cannot enforce them. There is no is what this amendment says. It says if the sacrament of ‘‘holy divorce.’’ We way to enforce them. the Hawaii Supreme Court does it, it allow this, in society, in a sensible so- Mr. FRANK of Massachusetts. Mr. still would not take effect. But if the ciety with personal freedom, individ- Chairman, will the gentleman yield? Hawaii Supreme Court makes a deci- uals to make choices in a civil society. Mr. HYDE. I yield to the gentleman sion and enough time goes by under the Those who find that religiously offen- from Massachusetts. Hawaii constitution, the legislature let sive are free to do nothing about it. Mr. FRANK of Massachusetts. If the it stand, there was a referendum in They are free not to participate in it. gentleman’s interpretation, I mean favor of it, we will then allow it. We are talking here about creating this seriously, if the gentleman’s inter- So here is what we are being told. Do an institution of civil society. In fact pretation of Romer versus Evans is cor- not let the democratic processes of a we are not talking about creating it. rect, and we do not know whether it is single State allow same-sex marriage We are saying if the Federal Govern- or not, would that not also apply then in that State to be a federally valid ment sees a State by democratic means to the section here? In other words, if marriage, even though it means it will in this amendment create an institu- the court were to hold under Romer have no effect on any other State. We tion of civil society that allows two versus Evans—— are not attacking that point. people to love each other, the Federal Mr. HYDE. Yes, it could. If my amendment passes, the bill will Government will do what it can to stop Mr. FRANK of Massachusetts. So say what one State does has no effect it. Why? My colleagues heard the gen- that this could also apply to this sec- on any other State. Another State does tleman from Georgia. Because how tion equally. not have to have it. If a State makes a dare they preempt and usurp the State. Mr. HYDE. It could. But that is why democratic decision to let two women Who is preempting and usurping? The we need this statute in my judgment, love each other in a loving relation- legislature. How dare the legislature of to give a little more leverage to the ship, that cannot be because it will dis- Hawaii preempt our imperial right to States. solve marriage, and we get back to decide who is married and who is not Mr. FRANK of Massachusetts. If the that. married. How dare the people of Hawaii gentleman would continue to yield for There are people in this society, presume to think that they can define 10 seconds, if in fact it is unconstitu- heterosexuals who are married, who love in an effective way. tional because of an interpretation of July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7501 parts of the Constitution, no statute Engel Lewis (GA) Richardson Nethercutt Rohrabacher Tanner Eshoo Lofgren Rivers Neumann Ros-Lehtinen Tate would hold against that. Farr Lowey Rose Ney Roth Tauzin Fattah Maloney Roybal-Allard Norwood Roukema Taylor (MS) b 1315 Fazio Markey Rush Nussle Royce Taylor (NC) Filner Martinez Sabo Oberstar Salmon Tejeda Mr. HYDE. Well, maybe, maybe not. Frank (MA) Matsui Sanders Obey Sanford Thomas Maybe, maybe not is all. You cannot Furse McCarthy Sawyer Ortiz Saxton Thornberry Gejdenson McDermott Schroeder Orton Scarborough Thurman speculate about the court. Gephardt McKinney Schumer Oxley Schaefer Tiahrt The gentleman from Massachusetts Gonzalez Meehan Scott Packard Schiff Torkildsen [Mr. STUDDS] said that the unfinished Gunderson Meek Serrano Parker Seastrand Traficant business of the civil rights movement Gutierrez Millender- Skaggs Pastor Sensenbrenner Upton Harman McDonald Slaughter Paxon Shadegg Visclosky is homosexual acceptability. There is Hastings (FL) Miller (CA) Stark Payne (VA) Shaw Volkmer no power on Earth to stop it. Maybe Hilliard Mink Stokes Peterson (FL) Shays Vucanovich and maybe not. He has something, Hinchey Moakley Studds Peterson (MN) Shuster Walker Horn Moran Torres Petri Sisisky Walsh when I look around and see the enter- Jackson (IL) Nadler Torricelli Pickett Skeen Wamp tainment stars in our country are Mi- Jackson-Lee Neal Towns Pombo Skelton Watts (OK) chael Johnson and Madonna, he could (TX) Olver Velazquez Pomeroy Smith (MI) Weldon (FL) be right. The homosexual movement Jefferson Owens Vento Porter Smith (NJ) Weldon (PA) Johnson, E. B. Pallone Ward Portman Smith (TX) Weller has been very successful in intimidat- Kennedy (MA) Payne (NJ) Waters Poshard Smith (WA) White ing the psychiatric profession. Now Kennedy (RI) Pelosi Waxman Pryce Solomon Whitfield people who object to sodomy, to two Kennelly Rangel Woolsey Quillen Souder Wicker Lantos Reed Yates Quinn Spence Williams men penetrating each other are Radanovich Spratt Wise homophobic. They have the phobia, not NOES—311 Rahall Stearns Wolf the people doing this act. That is a Ramstad Stenholm Wynn Allard Danner Hoke Regula Stockman Young (AK) magnificent accomplishment for public Andrews Davis Holden Riggs Stump Zeliff relations. Archer de la Garza Hostettler Roemer Stupak Zimmer Let us talk about this bill. This is Armey Deal Houghton Rogers Talent Bachus DeLauro Hoyer the most delicate and limited measure Baesler DeLay Hunter NOT VOTING—19 that Congress could possibly produce Baker (CA) Deutsch Hutchinson Dunn Johnston Thompson on this subject. First of all, as to defin- Baker (LA) Diaz-Balart Hyde Ensign LaFalce Thornton Baldacci Dickey Inglis Fields (LA) Lincoln Watt (NC) ing marriage in the Federal code, who Ballenger Dicks Istook else should define it except this Con- Flanagan Longley Wilson Barcia Doggett Jacobs Ford McDade Young (FL) gress, the Federal legislature. Not the Barr Dooley Johnson (CT) Gibbons Morella courts, the courts are usurping legisla- Barrett (NE) Doolittle Johnson (SD) Hall (OH) Roberts Bartlett Dornan Johnson, Sam tive functions. It is appropriate that Barton Doyle Jones b 1335 Congress define marriage. You may not Bass Dreier Kanjorski like the definition the majority of us Bateman Duncan Kaptur The Clerk announced the following want, but most people do not approve Bentsen Durbin Kasich pair: Bereuter Edwards Kelly On this vote: of homosexual conduct. They do not Bevill Ehlers Kildee Mr. Johnston of Florida for, with Mr. approve of incest. They do not approve Bilbray Ehrlich Kim Longley against. of polygamy, and they express their Bilirakis English King Bishop Evans Kingston disapprobation through the law. It is Messrs. ALLARD, SMITH of New Jer- Bliley Everett Kleczka sey, and GENE GREEN of Texas that simple. It is not mean spirited. It Blute Ewing Klink is not bigoted. It is the way it is, the Boehlert Fawell Klug changed their vote from ‘‘aye’’ to ‘‘no.’’ Boehner Fields (TX) Knollenberg Mrs. KENNELLY and Mr. RUSH only way possible to express this dis- Bonilla Flake Kolbe changed their vote from ‘‘no’’ to ‘‘aye.’’ approbation. Bono Foglietta LaHood So the amendment was rejected. Now, two men loving each other does Borski Foley Largent The result of the vote was announced not hurt anybody else’s marriage, but Boucher Forbes Latham Brewster Fowler LaTourette as above recorded. it demeans, it lowers the concept of Browder Fox Laughlin The CHAIRMAN. Under the rule, the marriage by making it something that Brownback Franks (CT) Lazio Committee rises. it should not be and is not, celebrating Bryant (TN) Franks (NJ) Leach Bryant (TX) Frelinghuysen Levin Accordingly the Committee rose; and conduct that is not approved by the Bunn Frisa Lewis (CA) the Speaker pro tempore (Ms. GREENE majority of the people. Bunning Frost Lewis (KY) of Utah) having assumed the chair, Mr. Burr Funderburk Lightfoot Defeat the amendment. Vote for the GILLMOR, Chairman of the Committee bill. Burton Gallegly Linder Buyer Ganske Lipinski of the Whole House on the State of the The CHAIRMAN. The question is on Callahan Gekas Livingston Union, reported that that Committee, the amendment offered by the gen- Calvert Geren LoBiondo having had under consideration the bill tleman from Massachusetts [Mr. Camp Gilchrest Lucas Canady Gillmor Luther (H.R. 3396) to define and protect the in- FRANK]. Cardin Gilman Manton stitution of marriage, pursuant to The question was taken; and the Castle Goodlatte Manzullo House Resolution 474, he reported the Chairman announced that the noes ap- Chabot Goodling Martini bill back to the House. peared to have it. Chambliss Gordon Mascara Chapman Goss McCollum The SPEAKER pro tempore (Ms. RECORDED VOTE Chenoweth Graham McCrery GREENE of Utah). Under the rule, the Mr. FRANK of Massachusetts. Mr. Christensen Green (TX) McHale previous question is ordered. Chrysler Greene (UT) McHugh The question is on the engrossment Chairman, I demand a recorded vote. Clement Greenwood McInnis A recorded vote was ordered. Clinger Gutknecht McIntosh and third reading of the bill. The vote was taken by electronic de- Coble Hall (TX) McKeon The bill was ordered to be engrossed vice, and there were—ayes 103, noes 311, Coburn Hamilton McNulty and read a third time, and was read the Collins (GA) Hancock Menendez not voting 19, as follows: Combest Hansen Metcalf third time. [Roll No. 314] Condit Hastert Meyers MOTION TO RECOMMIT OFFERED BY MS. Cooley Hastings (WA) Mica JACKSON-LEE OF TEXAS AYES—103 Costello Hayes Miller (FL) Ms. JACKSON-LEE of Texas. Madam Abercrombie Brown (CA) Collins (IL) Cox Hayworth Minge Ackerman Brown (FL) Collins (MI) Cramer Hefley Molinari Speaker, I offer a motion to recommit. Barrett (WI) Brown (OH) Conyers Crane Hefner Mollohan The SPEAKER pro tempore. Is the Becerra Campbell Coyne Crapo Heineman Montgomery gentlewoman opposed to the bill? Beilenson Clay DeFazio Cremeans Herger Moorhead Ms. JACKSON-LEE of Texas. Yes, I Berman Clayton Dellums Cubin Hilleary Murtha Blumenauer Clyburn Dingell Cummings Hobson Myers am, Madam Speaker, in its present Bonior Coleman Dixon Cunningham Hoekstra Myrick form. H7502 CONGRESSIONAL RECORD — HOUSE July 12, 1996 Mr. CANADY of Florida. Madam (A) title VII of the Civil Rights Act of 1964 Act. In an action against a State for a viola- Speaker, I reserve a point of order (42 U.S.C. 2000e et seq.), or tion of this Act, remedies (including rem- against the motion to recommit. (B) sections 302, 303, and 304 of the Govern- edies at law and in equity) are available for The SPEAKER pro tempore. The gen- ment Employee Rights Act of 1991 (2 U.S.C. the violation to the same extent as such 1202, 1203, 1204), in the case of a claim alleged remedies are available in an action against tleman from Florida [Mr. CANADY] re- by such individual for a violation of such any public or private entity other than a serves a point of order. title or of section 302(a)(1) of such Act, re- State. The Clerk will report the motion to spectively, (b) LIABILITY OF THE UNITED STATES.—The recommit. (2) the Librarian of Congress shall have the United States shall be liable for all remedies The Clerk read as follows: same powers as the Librarian of Congress (excluding punitive damages) under this Act Ms. JACKSON-LEE of Texas moves to recom- has to administer and enforce title VII of the to the same extent as a private person and mit the bill, H.R. 3396, back to the Commit- Civil Rights Act of 1964 (42 U.S.C. 2000e et shall be liable to the same extent as a non- tee on the Judiciary with instructions to re- seq.) in the case of a claim alleged by such public party for interest to compensate for port the bill back forthwith with the follow- individual for a violation of such title, delay in payment. ing amendment: (3) the Board (as defined in section 101 of SEC. 13. ATTORNEYS’ FEES. Page 3, line 24, at the end of the bill, add the Congressional Accountability Act of 1995 In any action or administrative proceeding the following new sections to the legislation: (Public Law 104–1; 109 Stat. 3) shall have the commenced pursuant to this Act, the court SEC. 4. SHORT TITLE. same powers as the Board has to administer or the Commission, in its discretion, may This Act may be cited as the ‘‘Employment and enforce the Congressional Accountabil- allow the prevailing party, other than the Non-Discrimination Act of 1996’’. ity Act of 1995 in the case of a claim alleged United States, a reasonable attorney’s fee, SEC. 5. DISCRIMINATION PROHIBITED. by such individual for a violation of section including expert fees and other litigation ex- A covered entity, in connection with em- 201(a)(1) of such Act, penses, and costs. The United States shall be ployment or employment opportunities, (4) the Attorney General of the United liable for the foregoing the same as a private shall not— States shall have the same powers as the At- person. (1) subject an individual to different stand- torney General has to administer and en- SEC. 14. RETALIATION AND COERCION PROHIB- ards or treatment on the basis of sexual ori- force— ITED. entation, (A) title VII of the Civil Rights Act of 1964 (a) RETALIATION.—A covered entity shall (2) discriminate against an individual (42 U.S.C. 2000e et seq.), or not discriminate against an individual be- based on the sexual orientation of persons (B) sections 302, 303, and 304 of the Govern- cause such individual opposed any act or with whom such individual is believed to as- ment Employee Rights Act of 1991 (2 U.S.C. practice prohibited by this Act or because sociate or to have associated, or 1202, 1203, 1204), such individual made a charge, assisted, tes- (3) otherwise discriminate against an indi- in the case of a claim alleged by such indi- tified, or participated in any manner in an vidual on the basis of sexual orientation. vidual for a violation of such title or of sec- investigation, proceeding, or hearing under SEC. 6. BENEFITS. tion 302(a)(1) of such Act, respectively, and this act. This Act does not apply to the provision of (5) the courts of the United States shall (b) COERCION.—A person shall not coerce, employee benefits to an individual for the have the same jurisdiction and powers as intimidate, threaten, or interfere with any benefit of his or her partner. such courts have to enforce— individual in the exercise or enjoyment of, or on account of his or her having exercised, en- SEC. 7. NO DISPARATE IMPACT. (A) title VII of the Civil Rights Act of 1964 joyed, assisted, or encouraged the exercise or The fact that an employment practice has (42 U.S.C. 2000e et seq.) in the case of a claim enjoyment of, any right granted or protected a disparate impact, as the term ‘‘disparate alleged by such individual for a violation of by this Act. impact’’ is used in section 703(k) of the Civil such title, Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on (B) sections 302, 303, and 304 of the Govern- SEC. 15. POSTING NOTICES. A covered entity shall post notices for em- the basis of sexual orientation does not es- ment Employee Rights Act of 1991 (2 U.S.C. ployees, applicants for employment, and tablish a prima facie violation of this Act. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section members describing the applicable provi- SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT sions of this Act in the manner prescribed PROHIBITED. 302(a)(1) of such Act, and (C) the Congressional Accountability Act by, and subject to the penalty provided (A) QUOTAS.—A covered entity shall not under, section 711 of the Civil Rights Act of adopt or implement a quota on the basis of of 1995 (Public Law 104–1; 109 Stat. 3) in the 1964 (42 U.S.C. 2000e—10). sexual orientation. case of a claim alleged by such individual for (b) PREFERENTIAL TREATMENT.—A covered a violation of section 201(a)(1) of such Act. SEC. 16. REGULATIONS. entity shall not give preferential treatment (b) PROCEDURES AND REMEDIES.—The proce- The Commission shall have authority to to an individual on the basis of sexual ori- dures and remedies applicable to a claim al- issue regulations to carry out this Act. entation. leged by an individual for a violation of this SEC. 17. RELATIONSHIP TO OTHER LAWS. Act are— SEC. 9. RELIGIOUS EXEMPTION. This Act shall not invalidate or limit the (1) the procedures and remedies applicable (a) IN GENERAL.—Except as provided in rights, remedies, or procedures available to subsection (b), this Act shall not apply to re- for a violation of title VII of the Civil Rights an individual claiming discrimination pro- ligious organizations. Act of 1964 (42 U.S.C. 2000e et seq.) in the case hibited under any other Federal law or any of a claim alleged by such individual for a (b) FOR-PROFIT ACTIVITIES.—This Act shall law of a State or political subdivision of a apply with respect to employment and em- violation of such title, State. ployment opportunities that relate to any (2) the procedures and remedies applicable SEC. 18. SEVERABILITY. employment position that pertains solely to for a violation of section 302(a)(1) of the Gov- If any provision of this Act, or the applica- a religious organization’s for-profit activi- ernment Employee Rights Act of 1991 (2 tion of such provision to any person or cir- ties subject to taxation under section 511(a) U.S.C. 1202(a)(1)) in the case of a claim al- cumstance, is held to be invalid, the remain- of the Internal Revenue Code of 1986. leged by such individual for a violation of der of this Act and the application of such such section, and SEC. 10. NONAPPLICATION TO MEMBERS OF THE provision to other persons or circumstances ARMED FORCES; VETERANS’ PREF- (3) the procedures and remedies applicable shall not be affected thereby. ERENCES. for a violation of section 201(a)(1) of Congres- SEC. 19. EFFECTIVE DATE. (a) ARMED FORCES.—(1) For purposes of this sional Accountability Act of 1995 (Public This Act shall take effect 60 days after the Act, the term ‘‘employment or employment Law 104–1; 109 Stat. 3) in the case of a claim date of the enactment of this Act and shall opportunities’’ does not apply to the rela- alleged by such individual for a violation of not apply to conduct occurring before such tionship between the United States and such section. effective date. THER PPLICABLE ROVISIONS members of the Armed Forces. (c) O A P .—With SEC. 20. DEFINITIONS. (2) As used in paragraph (1), the term respect to claims alleged by covered employ- As used in this Act: ‘‘Armed Forces’’ means the Army, Navy, Air ees (as defined in section 101 of the Congres- (1) The term ‘‘Commission’’ means the Force, Marine Corps, and Coast Guard. sional Accountability Act of 1995 (Public Equal Employment Opportunity Commis- (b) VETERANS’ PREFERENCES.—This Act Law 104–1; 109 Stat. 3)) for violations of this sion. does not repeal or modify any Federal, State, Act, title III of the Congressional Account- (2) The term ‘‘covered entity’’ means an territorial, or local law creating special ability Act of 1995 shall apply in the same employer, employment agency, labor organi- rights or preferences for veterans. manner as such title applies with respect to zation, joint labor management committee, SEC. 11. ENFORCEMENT. a claims alleged by such covered employees an entity to which section 717(a) of the Civil (a) ENFORCEMENT POWERS.—With respect to for violations of section 201(a)(1) of such Act. Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, the administration and enforcement of this SEC. 12. STATE AND FEDERAL IMMUNITY. an employing authority to which section Act in the case of a claim alleged by an indi- (a) STATE IMMUNITY.—A State shall not be 302(a)(1) of the Government Employee Rights vidual for a violation of this Act— immune under the eleventh article of amend- Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an (1) the Commission shall have the same ment to the Constitution of the United employing authority to which section 201(a) powers as the Commission has to administer States from an action in a Federal court of of the Congressional Accountability Act of and enforce— competent jurisdiction for a violation of this 1995 (Public Law 104–1; 109 Stat.3) applies. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7503 (3) The term ‘‘employer’’ has the meaning Nondiscrimination Act says that we The bill relates solely to the subject of given such term in section 701(b) of the Civil will not be a gestapo, that we will re- marriage. The motion to recommit Rights Act of 1964 (42 U.S.C. 2000e(b)). spect and we will lift up the rights of seeks to add language which relates to (4) The term ‘‘employment agency’’ has the all citizens. employment discrimination to a bill meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. b 1345 dealing with marriage. Clearly, this is a proposition on a subject different 2000e(c)). Yes, the Committee on the Judiciary, (5) The term ‘‘employment or employment from that under consideration, in vio- from which this bill has come out, also opportunities’’ includes job application pro- lation of clause 7 of rule XVI, and I ask cedures, hiring, advancement, discharge, has jurisdiction over the Employment the chair to rule the motion to recom- compensation, job training, or any other Nondiscrimination Act of 1996. There- mit out of order. term, condition, or privilege of employment. fore, Madam Speaker, I am not running Ms. JACKSON-LEE of Texas. Madam (6) The term ‘‘labor organization’’ has the away from germaneness, but I do un- Speaker, with great pain in my heart, meaning given such term in section 701(d) of derstand that we have been discussing I would maintain that we are germane, the Civil Rights Act of 1964 (42 U.S.C. over these last 2 days legislation that 2000e(d)). and it is with deepest regrets and great is to respond and control perversion pain that I hear that human dignity is (7) The term ‘‘person’’ has the meaning that characterizes many individuals. given such term in section 701(a) of the Civil not germane. But at this point, Madam I would simply say that this is the Rights Act of 1964 (42 U.S.C. 2000e(a)). Speaker, with this pain and this dis- appropriate way for a nation like ours (8) The term ‘‘religious organization’’ appointment, I will not contest the to go, one that embodies in this House means— point of order. the word ‘‘union,’’ stick together; the (A) a religious corporation, association, or The CHAIRMAN. The point of order society, or word ‘‘justice,’’ justice for all; the word is conceded and sustained. (B) a college, school, university, or other ‘‘tolerance,’’ to tolerate those citizens educational institution, not otherwise a reli- The motion to recommit is not in who have given their lives for this flag order. gious organization, if— and this country; and yes, the word (i) it is in whole or substantial part con- MOTION TO RECOMMIT OFFERED BY MR. BERMAN trolled, managed, owned, or supported by a ‘‘liberty,’’ liberty for all; and yes, the word ‘‘peace.’’ We should go in peace Mr. BERMAN. Madam Speaker, I religious corporation, association, or soci- offer a motion to recommit with in- ety, or and harmony. So I believe that the subject matter structions. (ii) its curriculum is directed toward the The SPEAKER pro tempore. Is the propagation of a particular religion. that deals with gay and lesbian rights (9) The term ‘‘sexual orientation’’ means in the workplace is more than appro- gentleman opposed to the bill? homosexuality, bisexuality, or heterosexual- priate for a motion to recommit, for Mr. BERMAN. I am in its present ity, whether such orientation is real or per- this body to stand equal with America form, Madam Speaker. The SPEAKER pro tempore. The ceived. in responding to the good aspects, to (10) The term ‘‘State’’ has the meaning Clerk will report the motion to recom- the goodness of what this country given such term in section 701(i) of the Civil mit. stands for; for the reason we have lost Rights Act of 1964 (42 U.S.C. 2000e(ii)). The Clerk read as follows: men and women overseas, for liberty Ms. JACKSON-LEE of Texas (during Mr. BERMAN of California moves to recom- and equality for all. How can we not the reading). Madam Speaker, I ask mit the bill, H.R. 3396, back to the Commit- today stand with America and the flag unanimous consent that the motion be tee on the Judiciary with instructions to re- and acknowledge the human dignity of considered as read and printed in the port the bill back forthwith with the follow- all of god’s children? How can we not? ing amendment: RECORD. So I ask my colleagues if they would Page 3, line 24, at the end of the bill, add The SPEAKER pro tempore. Is there accept this motion to recommit so we the following new section to the legislation: objection to the request of the gentle- do not leave this place this day; so we, ‘‘SEC. 4. STUDY OF THE DIFFERENCES IN BENE- woman from Texas? like Esther, will acknowledge that if I FITS, RIGHTS AND PRIVILEGES There was no objection. AVAILABLE TO PERSONS IN A MAR- perish, I perish, for I must stand for The SPEAKER pro tempore. The gen- RIAGE AND TO PERSONS IN A DO- what is right. MESTIC PARTNERSHIP. ACKSON tlewoman from Texas [Ms. J - It is important that we allow this ‘‘(a) GENERAL ACCOUNTING OFFICE STUDY.— LEE] is recognized for 5 minutes in sup- legislation, the Employment Non- The General Accounting Office shall under- port of her motion to recommit. discrimination Act of 1996, to give take a study of the differences in the bene- Ms. JACKSON-LEE of Texas. Madam human dignity to all of our citizens. It fits, rights and privileges available to per- sons in a marriage and the benefits, rights Speaker, I ask for the attention of the is important, it is germane. It provides House because, as many of us have en- and privileges available to persons in a do- the criteria of germaneness, for it mestic partnership resulting from the non- tered houses of worship, this debate deals, as I said, with increasing the op- has been wrapped more in whether recognition of domestic partnerships as legal portunities and decreasing discrimina- unions by State and Federal laws. one’s belief in the Scriptures and Bible tion. ‘‘(b) REQUIREMENTS OF STUDY.—The Gen- will carry the day. Likewise, it deals with gays and les- eral Accounting Office shall— Let me say, Madam Speaker, that I bians, and yes, the subject matter is ‘‘(1) conduct a comprehensive review of am a Bible believer and a Bible reader, relevant. I would hope the subject mat- Federal statutes and administrative regula- but all of God’s children have rights. I tions, rulings, and determinations to compile ter of equality and the dignity of all an inventory of Federal benefits, rights and believe that we have over these last 24 and the respect for the words of this hours lifted up and increased discrimi- privileges available to persons in a marriage Chamber of justice and tolerance and and to determine whether such Federal bene- nation as opposed to decreasing dis- peace and liberty is the way that we fits, rights, and privileges are also available crimination. The Employment Non- should go. to persons in a domestic partnership; discrimination Act is biblical in nature Madam Speaker, I would ask my col- ‘‘(2) analyze the impact of Federal statutes as well, for it gives human dignity to leagues, can we not, can we not, can we and administrative regulations, rulings, and all of God’s children. not acknowledge freedom in America determinations on the private sector to de- termine whether those statutes, rules, regu- I will speak to the issue of germane- goes to all of our citizens, all of our ness, and I appreciate the gentleman lations, and determinations influence the citizens? private sector to make benefits, rights, and from Florida, but in fact this amend- POINT OF ORDER privileges available to persons in a marriage ment and motion to recommit is ger- The SPEAKER pro tempore. (Ms. which are not available to persons in a do- mane. It increases the opportunity for GREENE of Utah). Does the gentleman mestic partnership; all citizens to be treated equally. It from Florida [Mr. CANADY] insist on his ‘‘(3) survey State property, testamentary, takes away the sting of denying people point of order? probate, insurance, credit, and contract laws their rights. This subject matter is, in Mr. CANADY of Florida. Madam to determine whether a difference exists in fact, appropriate, for it seems that the their usefulness to address the legal needs of Speaker, I insist on my point of order. persons in a marriage and their usefulness to legislation that is now on the floor The SPEAKER pro tempore. The gen- address the legal needs of persons in a do- deals with gays and lesbians and sepa- tleman will state his point of order. mestic partnership; rates them out from the Constitution Mr. CANADY of Florida. the motion ‘‘(4) survey the laws of other major indus- of the United States. This Employment to recommit is not germane to the bill. trialized countries to determine whether H7504 CONGRESSIONAL RECORD — HOUSE July 12, 1996 there is a difference in those countries be- the non-recognition of domestic part- study it will also look at how other tween the government benefits, rights and nerships as legal unions by State and countries have legally dealt with the privileges available to persons in a marriage Federal laws. long-term relationships outside of mar- and the governmental benefits, rights and Once again, the passage of this mo- riage. privileges available to persons in a domestic partnership; and tion to recommit will not send the bill It changes no law. It only asks the ‘‘(5) conduct such further investigation and to a committee, it will not bury this GAO to give us the information re- analysis as it deems necessary to study the bill. The bill will come back imme- quested by October 1, 1997. Then we are differences in the benefits, rights and privi- diately for a vote on final passage. free to use such information to decide leges available to persons in a marriage and Mrs. JOHNSON of Connecticut. what if any policy changes we want to the benefits, rights and privileges available Madam Speaker, will the gentleman make. Let us affirm our commitment to persons in domestic partnerships resulting yield? to traditional marriage, but let us do from the non-recognition of domestic part- Mr. BERMAN. I yield to the gentle- so in a way that respects and is sen- nerships as legal unions by State and Fed- woman from Connecticut. eral laws. sitive to those in long-term domestic Mrs. JOHNSON of Connecticut. ‘‘(c) REPORT.—Not later than October 1, partnerships. 1997, the General Accounting Office shall Madam Speaker, I rise in support of For example, if our colleague, the submit to the President and to the Congress this motion to recommit. Clearly there gentleman from Wisconsin, STEVE GUN- a report of its findings pursuant to the study is a need to understand how we enable DERSON, were sick or injured, why conducted under this section. people who are committed to one an- should his partner not have automatic ‘‘(d) ASSISTANCE IN COMPLETING THE STUDY other to have appropriate legal rights visitation privileges or automatic doc- AND REPORT.— and responsibilities with regard to each toral consultations, which many today ‘‘(1) ASSISTANCE FROM OTHER AGENCIES.— other. All this study does is to ask the The General Accounting Office may secure have been denied? directly from any Federal department or GAO to look at the rights and respon- Madam Speaker, when the former agency such information as may be nec- sibilities one has under a marriage con- committee staff director, Matt Fletch- essary to complete the study and report re- tract and the rights and responsibil- er, of the gentleman from Pennsylva- quired by this section. ities that domestic partners have under nia, BILL CLINGER, lost his partner of 16 ‘‘(2) DETAILED PERSONNEL.—On the request current State and Federal law. We sim- years to AIDS, Matt could not sign the of the Comptroller General, the head of any ply need to know this information. documents at the funeral home. All Federal department or agency is authorized Without question, marriage has been this motion to recommit does is ask for to detail, without reimbursement, any per- the pillar of social organization over sonnel of that department or agency to the a study, ask for a study, so when the General Accounting Office to assist it in car- time in every society, because mar- study is completed in 11⁄2 years from rying out its duties under this section. The riage helps to sustain the development now or so, we can have better informa- detail of any individual may not result in of love, loyalty, commitment, and re- tion with which to deal with this issue. the interruption or loss of civil services sta- sponsibility. Domestic partner rela- I ask Members to vote to recommit tus or other privilege of the individual. tionships are not marriage, and that is the bill, and I also ask that Members ‘‘(3) ASSISTANCE FROM ATTORNEY GEN- what this bill says. But domestic part- vote for final passage, whether or not ERAL.—The Attorney General of the United ner relationships do encourage com- the motion to recommit passes. States shall provide the General Accounting Office with such administrative and support mitment, responsibility, love, and loy- Mr. CANADY of Florida. Madam services as the Comptroller General may re- alty, and I think it is important that Speaker, I rise in opposition to the mo- quest to complete the study and report re- our society rise to the challenge of tion to recommit with instructions. quired by this section. finding what legal entitles we need to Madam Speaker, the purpose of the ‘‘(e) DEFINITION.—For the purposes of this develop to allow people who want to instruction is to require by statute section, the term ‘domestic partnership’ take responsibility for one another, that which the chairman of the Com- means two persons committed to an inter- who want to, over time, legally share mittee on the Judiciary has the au- personal relationship with each other, other responsibilities for health care, share thority to do by letter. The chairman than marriage, which has been acknowledged through a publicly established governmental responsibilities for planning funerals of the committee, the gentleman from procedure, through a privately enforceable and so on and so forth, how we help Illinois [Mr. HYDE], during the Com- written agreement, or through other docu- them do that. This is just a study to mittee on Rules meeting when this ments executed by those persons which evi- get the information. We are proposing issue came up offered to write to the dence their intention to commit to an inter- it in a legal form because we want to GAO for the study requested by the personal relationship with each other.’’. acknowledge that this information is proposed instruction. Mr. BERMAN (during the reading). important to us as a society; that all This motion represents a transparent Madam Speaker, I ask unanimous con- relationships of commitment are im- attempt to give some statutory rec- sent that the motion to recommit be portant to a stable society. And in the ognition to domestic partnerships. I do considered as read and printed in the passage of this bill, which I intend to not think this is necessary to encum- RECORD. support, we do not intend to denigrate ber the statute with language which is The SPEAKER pro tempore. Is there other relationships of integrity. superfluous outside. Therefore, I op- objection to the request of the gen- Mr. UPTON. Madam Speaker, will pose the motion to recommit with in- tleman from California? the gentleman yield? structions. There was no objection. Mr. BERMAN. I yield to the gen- Mr. HYDE. Madam Speaker, will the The SPEAKER pro tempore. The gen- tleman from Michigan. gentleman yield? tleman from California is recognized Mr. UPTON. Madam Speaker, I sup- Mr. CANADY of Florida. I yield to for 5 minutes in support of his motion port the base bill, and I would say that the gentleman from Illinois. to recommit. I also support this motion to recom- Mr. HYDE. Madam Speaker, really, Mr. BERMAN. Madam Speaker, this mit, which does not delete, eliminate, this request for a GAO study does not is a motion to recommit with instruc- or change anything in the present bill, belong in the statute. I agreed a long tions. This motion to recommit is sim- as we will vote on final passage on this time ago to request it as chairman of ply adding an amendment to the bill measure whether or not this motion to the Committee on the Judiciary. We and asking that the bill be reported recommit passes or fails. should go forward with that. I pledge back forthwith. If this motion to re- If Members are like me, a very hap- to do so. I have assured the gentleman commit passes, the body will still be pily married man with two wonderful that I will ask for a study of the in- voting on the bill immediately after kids, this issue does not come up a lot stances in which the inability of do- the vote on the motion to recommit. in my household. But what this motion mestic partners to form a legal union The motion to recommit is very sim- to recommit does is it simply adds a causes a disparity of entitlement to ple: It simply asks for a GAO study to section calling upon the GAO to con- Federal benefits, rights, or privileges. look at the differences in benefits, duct a study determining the benefits, So to amend this bill is not necessary. rights, and privileges available to per- rights, and privileges given to those in The study mandated by the Gunder- sons in a marriage and to persons in a marriage but not those in long-term son amendment is overly broad. It in- domestic partnership resulting from domestic partnerships. As part of the cludes all State laws, it includes other July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7505 majority industrialized countries, in Torkildsen Vento Woolsey Meehan Thompson Watt (NC) addition to the Federal law. We think Torres Ward Wynn Roberts Thornton Young (FL) Torricelli Waters Yates our interest should be limited to the Towns Waxman Zimmer b 1414 benefits conferred under Federal law, Upton Williams The Clerk announced the following Velazquez Wilson and it should be tailored to that inter- pair: est. On this vote: There are other objections to it, but NAYS—249 suffice it to say putting it in the stat- Allard Gallegly Ortiz Mr. Johnston of Florida for, with Mr. Armey Ganske Orton Longley against. ute gives it an equivalence to the mar- Bachus Gekas Oxley So the motion to recommit was re- riage institution that we do not think Baesler Geren Packard is appropriate now. I will write the let- Baker (CA) Gillmor Parker jected. ter, I will do it Monday, I will request Baker (LA) Goodlatte Paxon The result of the vote was announced Ballenger Goodling Payne (VA) as above recorded. the study, and that should suffice. I Barcia Gordon Peterson (FL) would ask that this motion to recom- Barr Goss Peterson (MN) The SPEAKER pro tempore (Ms. mit be defeated. Barrett (NE) Graham Petri GREENE of Utah). The question is on Pickett The SPEAKER pro tempore. Without Bartlett Greene (UT) the passage of the bill. Barton Gutknecht Pombo The question was taken; and the objection, the previous question is or- Bass Hall (TX) Pomeroy dered on the motion to recommit. Bateman Hamilton Porter Speaker pro tempore announced that There was no objection. Bereuter Hancock Portman the ayes appeared to have it. Bevill Hansen Poshard Mr. CANADY of Florida. Madam The SPEAKER pro tempore. The Quillen Bilirakis Hastert Speaker, on that I demand the yeas question is on the motion to recommit. Bishop Hastings (WA) Quinn The question was taken; and the Bliley Hayes Radanovich and nays. Rahall Chair announced that the noes ap- Boehlert Hayworth The yeas and nays were ordered. Boehner Hefley Ramstad The SPEAKER pro tempore. This peared to have it. Regula Bonilla Heineman will be a 5-minute vote. Mr. BERMAN. Madam Speaker, on Bono Herger Riggs that I demand the yeas and nays. Boucher Hilleary Roemer The vote was taken by electronic de- Browder Hoekstra Rogers vice, and there were—yeas 342, nays 67, The yeas and nays were ordered. Rohrabacher Brownback Hoke answered ‘‘present’’ 2, not voting 22, as The SPEAKER pro tempore. The Bryant (TN) Holden Ros-Lehtinen Chair will reduce to a minimum of 5 Bunn Hostettler Roth follows: Bunning Houghton Roukema [Roll No. 316] minutes the period of time during Burr Hunter Royce which a vote by electronic device, if or- Burton Hutchinson Salmon YEAS—342 dered, will be taken on the question of Buyer Hyde Sanford Allard Clinger Furse passage. Callahan Inglis Saxton Andrews Clyburn Gallegly Calvert Istook Scarborough Archer Coble Ganske The vote was taken by electronic de- Camp Johnson (SD) Schaefer Armey Coburn Gekas vice, and there were—yeas 164, nays Canady Johnson, Sam Schiff Bachus Coleman Gephardt 249, not voting 20, as follows: Chabot Jones Seastrand Baesler Collins (GA) Geren Chambliss Kaptur Sensenbrenner Baker (CA) Collins (IL) Gilchrest [Roll No. 315] Chapman Kasich Shadegg Baker (LA) Combest Gillmor YEAS—164 Chenoweth Kelly Shaw Baldacci Condit Gilman Christensen Kim Shuster Ballenger Cooley Gonzalez Abercrombie Forbes Matsui Chrysler King Sisisky Barcia Costello Goodlatte Ackerman Fox McCarthy Clement Kingston Skeen Barr Cox Goodling Andrews Frank (MA) McDermott Coble Klink Skelton Barrett (NE) Cramer Gordon Baldacci Frelinghuysen McHale Coburn Knollenberg Smith (MI) Barrett (WI) Crane Goss Barrett (WI) Frost McKinney Collins (GA) LaHood Smith (NJ) Bartlett Crapo Graham Becerra Furse Meek Combest Largent Smith (TX) Barton Cremeans Green (TX) Beilenson Gejdenson Menendez Condit Latham Smith (WA) Bass Cubin Greene (UT) Bentsen Gephardt Millender- Cooley LaTourette Solomon Bateman Cummings Gutknecht Berman Gilchrest McDonald Costello Laughlin Souder Bentsen Cunningham Hall (TX) Bilbray Gilman Miller (CA) Cox Lewis (CA) Spence Bereuter Danner Hamilton Blumenauer Gonzalez Mink Cramer Lewis (KY) Spratt Bevill Davis Hancock Blute Green (TX) Moakley Crane Lightfoot Stearns Bilbray de la Garza Hansen Bonior Greenwood Mollohan Crapo Linder Stenholm Bilirakis Deal Hastert Borski Gunderson Moran Cremeans Lipinski Stockman Bishop DeLauro Hastings (WA) Brown (CA) Gutierrez Morella Cubin Livingston Stump Bliley DeLay Hayes Brown (FL) Harman Murtha Cunningham LoBiondo Talent Blumenauer Deutsch Hayworth Brown (OH) Hastings (FL) Nadler Danner Lucas Tanner Blute Diaz-Balart Hefley Bryant (TX) Hefner Neal de la Garza Manton Tate Boehlert Dicks Hefner Campbell Hilliard Oberstar Deal Manzullo Tauzin Boehner Dingell Heineman Cardin Hinchey Obey DeLay Mascara Taylor (MS) Bonilla Doggett Herger Castle Hobson Olver Diaz-Balart McCollum Taylor (NC) Bonior Dooley Hilleary Clay Horn Owens Dickey McCrery Tejeda Bono Doolittle Hilliard Clayton Hoyer Pallone Dingell McHugh Thornberry Borski Dornan Hobson Clinger Jackson (IL) Pastor Doolittle McInnis Tiahrt Boucher Doyle Hoekstra Clyburn Jackson-Lee Payne (NJ) Dornan McIntosh Traficant Browder Dreier Hoke Coleman (TX) Pelosi Doyle McKeon Visclosky Brown (FL) Duncan Holden Collins (IL) Jacobs Pryce Dreier McNulty Volkmer Brownback Durbin Horn Collins (MI) Jefferson Rangel Duncan Metcalf Vucanovich Bryant (TN) Edwards Hostettler Conyers Johnson (CT) Reed Edwards Meyers Walker Bryant (TX) Ehlers Houghton Coyne Johnson, E. B. Richardson Ehrlich Mica Walsh Bunn Ehrlich Hoyer Cummings Kanjorski Rivers English Miller (FL) Wamp Bunning English Hunter Davis Kennedy (MA) Rose Evans Minge Watts (OK) Burr Evans Hutchinson DeFazio Kennedy (RI) Roybal-Allard Everett Molinari Weldon (FL) Burton Everett Hyde DeLauro Kennelly Rush Ewing Montgomery Weldon (PA) Buyer Ewing Inglis Dellums Kildee Sabo Fawell Moorhead Weller Callahan Fawell Istook Deutsch Kleczka Sanders Fields (TX) Myers White Calvert Fazio Jacobs Dicks Klug Sawyer Flake Myrick Whitfield Camp Fields (TX) Jefferson Dixon Kolbe Schroeder Fowler Nethercutt Wicker Campbell Filner Johnson (CT) Doggett Lantos Schumer Franks (CT) Neumann Wise Canady Flake Johnson (SD) Dooley Lazio Scott Franks (NJ) Ney Wolf Cardin Foley Johnson, E. B. Durbin Leach Serrano Frisa Norwood Young (AK) Castle Forbes Johnson, Sam Ehlers Levin Shays Funderburk Nussle Zeliff Chabot Fowler Jones Engel Lewis (GA) Skaggs Chambliss Fox Kanjorski Eshoo Lofgren Slaughter Chapman Franks (CT) Kaptur Farr Lowey Stark NOT VOTING—20 Chenoweth Franks (NJ) Kasich Fattah Luther Stokes Archer Flanagan LaFalce Christensen Frelinghuysen Kelly Fazio Maloney Studds Brewster Ford Lincoln Chrysler Frisa Kennelly Filner Markey Stupak Dunn Gibbons Longley Clayton Frost Kildee Foglietta Martinez Thomas Ensign Hall (OH) McDade Clement Funderburk Kim Foley Martini Thurman Fields (LA) Johnston H7506 CONGRESSIONAL RECORD — HOUSE July 12, 1996 King Neumann Shuster On this vote: will probably be necessary to work Kingston Ney Sisisky Kleczka Norwood Skeen Mr. Flanagan for, with Mr. Clay against. very late on Tuesday and Wednesday Klink Nussle Skelton Mr. Longley for, with Mr. Johnston of evenings. However, we will finish legis- Klug Oberstar Smith (MI) Florida against. lative business by 6 p.m. on Thursday, Knollenberg Obey Smith (NJ) July 18. Kolbe Ortiz Smith (TX) So the bill was passed. LaHood Orton Smith (WA) The result of the vote was announced Mr. BONIOR. Madam Speaker, I Largent Oxley Solomon as above recorded. thank my colleague for his informa- Latham Packard Souder A motion to reconsider was laid upon tion, and I would ask my friend a cou- LaTourette Parker Spence ple of questions here. Will the welfare Laughlin Pastor Spratt the table. Lazio Paxon Stearns f reform proposal be considered sepa- Leach Payne (VA) Stenholm rately from Medicaid or will they be Levin Peterson (FL) Stockman PERSONAL EXPLANATION considered together as my colleague Lewis (CA) Peterson (MN) Stump Lewis (KY) Petri Stupak Mr. CLAY. Madam Speaker, I missed previously had planned? Lightfoot Pickett Talent the last rollcall vote, rollcall 316, be- Mr. DELAY. Madam Speaker, will the Linder Pombo Tanner cause I was trapped in the elevator. gentleman yield? Lipinski Pomeroy Tate Mr. BONIOR. I yield to the gen- Livingston Porter Tauzin Had I been here I would have voted tleman from Texas. LoBiondo Portman Taylor (MS) ‘‘no.’’ Lowey Poshard Taylor (NC) Mr. DELAY. We anticipate bringing Lucas Pryce Tejeda f welfare reform to the floor as a free- Luther Quillen Thomas standing bill separate from Medicaid. Manton Quinn Thornberry LEGISLATIVE PROGRAM Manzullo Radanovich Thurman Mr. BONIOR. Reclaiming my time, I Martini Rahall Tiahrt (Mr. BONIOR asked and was given thank the gentleman for that answer. Mascara Ramstad Torkildsen permission to address the House for 1 The second question I have is on the McCarthy Reed Torricelli minute.) rule and on debate time. Can my col- McCollum Regula Traficant McCrery Richardson Upton Mr. BONIOR. Madam Speaker, I ask league or the gentleman from New McHale Riggs Vento for this time for the purpose of asking York [Mr. SOLOMON], if he is here, give McHugh Roemer Visclosky the distinguished majority whip the us any indication on how long we will McInnis Rogers Volkmer schedule for the remainder of the week McIntosh Rohrabacher Vucanovich have for debate in this particular rule McKeon Ros-Lehtinen Walker and next week. or any information about the rule it- McNulty Rose Walsh Madam Speaker, I yield to the gen- self? Menendez Roth Wamp tleman from Texas [Mr. DELAY]. Mr. DELAY. If the gentleman will Metcalf Roukema Ward Meyers Royce Watts (OK) Mr. DELAY. Madam Speaker, I thank continue to yield, the Committee on Mica Rush Weldon (FL) the distinguished minority whip for Rules has not met yet on the welfare Miller (FL) Salmon Weldon (PA) yielding. reform bill. We certainly want to work Minge Sanford Weller Madam Speaker, I am pleased to an- Moakley Sawyer White with the minority to make sure ample Molinari Saxton Whitfield nounce that the House has concluded amount of debate time on this very im- Mollohan Scarborough Wicker its legislative business for the week. portant piece of legislation will be Montgomery Schaefer Wilson We will next meet on Tuesday, July 16, held, plus the fact that we want to Moorhead Schiff Wise Morella Schumer Wolf at 10:30 a.m. for morning hour and 12 make sure that every opportunity for Murtha Seastrand Wynn noon for legislative business. Members the minority to have a substitute will Myers Sensenbrenner Yates should note that the House will post- be available to the minority. Myrick Shadegg Young (AK) pone recorded votes until 5 p.m. in ac- Neal Shaw Zeliff Mr. BONIOR. Well, I thank my col- Nethercutt Shays Zimmer cordance with an agreement with the league for that assurance, because as minority to voice vote the rule on we know, there are Members, most of NAYS—67 Treasury, Postal appropriations bill. the Members on our side, in fact, all Abercrombie Hastings (FL) Payne (NJ) On Tuesday, Madam Speaker, the Ackerman Hinchey Pelosi the Members on our side have been Becerra Jackson (IL) Rangel House will consider the following seven deeply interested in the principle of Beilenson Kennedy (MA) Rivers bills under suspension of the rules: getting people off welfare and into Berman Kennedy (RI) Roybal-Allard H.R. 3166, The Government Account- work. We are very much interested in Brown (CA) Lantos Sabo Brown (OH) Lewis (GA) Sanders ability Act of 1996; H.R. 3458, the Veter- assurance from my colleague, which I Collins (MI) Lofgren Schroeder ans’ Compensation Cost-of-Living Ad- would believe we have just received, Conyers Maloney Scott justment Act of 1996; H.R. 3643, Extend- that we will have the opportunity to Coyne Markey Serrano ing Benefits to Veterans Exposed to DeFazio Martinez Skaggs present a Democratic alternative to Dellums Matsui Slaughter Agent Orange; H.R. 3673, The Veterans’ this body when the bill comes to the Dixon McDermott Stark Compensation and Readjustment Bene- floor. Engel McKinney Stokes fits Amendments of 1996; H.R. 3674, The Mr. DELAY. If the gentleman would Eshoo Meek Studds Farr Millender- Torres Veterans’ Education and Compensation yield, I appreciate it, and I concur with Fattah McDonald Towns Benefits Amendments of 1996; H.R. 361, the distinguished whip. I do point out Foglietta Miller (CA) Velazquez The Omnibus Export Administration that under the budget resolution, Frank (MA) Mink Waters Act of 1995; and H.R. 3161, Extending though, any substitute that would be Gejdenson Moran Waxman Gunderson Nadler Williams Most-Favored-Nation Status to Roma- allowed on the floor must conform to Gutierrez Olver Woolsey nia. the budget resolution and therefore Harman Pallone After suspensions, we will take up have to conform to the savings out- ANSWERED ‘‘PRESENT’’—2 under an open rule H.R. 3756, the Treas- lined in the budget resolution in the Jackson-Lee Owens ury, Postal Service and General Gov- underlying bill. (TX) ernment appropriations bill. Mr. BONIOR. I would ask my col- NOT VOTING—22 On Wednesday, July 17, the House league from Texas about the reform will turn to the Commerce, Justice, week that was announced earlier in the Brewster Gibbons Meehan Clay Greenwood Roberts State and Judiciary appropriations summer by the majority. Several press Dickey Hall (OH) Thompson bill, also subject to a rule. reports have outlined six or seven re- Dunn Johnston Thornton On Thursday, July 18, we will con- form bills which would be considered, Ensign LaFalce Watt (NC) Fields (LA) Lincoln Young (FL) sider H.R. 3760, Campaign Finance Re- and I am wondering what happened to Flanagan Longley form and H.R. 3734, the Balanced Budg- that list of reforms. Are we going to Ford McDade et Reconciliation Act. Both bills, of have just the campaign finance reform course, will be subject to rules. bill next week? Is the majority going b 1421 Members should note that next week to have some additional suspension The Clerk announced the following will be a very busy week. We have a lot bills that were not listed in those that pairs: of important business to cover and it he read to us just a few minutes ago? July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7507 What does the gentleman have in store AUTHORIZING USE OF CAPITOL woman from Connecticut [Ms. beyond the campaign finance piece GROUNDS FOR FIRST ANNUAL DELAURO] is recognized for 5 minutes. next week in terms of reform? CONGRESSIONAL FAMILY PICNIC Ms. DELAURO. Madam Speaker, it is Mr. GILCHREST. Madam Speaker, I day 3 and the Republican Senate con- b 1430 ask unanimous consent that the House tinues to hold the minimum wage hos- tage. Does this make any sense? The Mr. DELAY. If the gentleman will be considered to have agreed to the Senate passed an increase in the mini- continue yielding, I appreciate the concurrent resolution (H. Con. Res. mum wage by a vote of 74 to 24, and yet whip asking the question because it al- 198), authorizing the use of the Capitol this legislation is not on its way to the lows me the opportunity to point out Grounds for the first annual Congres- sional Family Picnic. President for signature. that this is the reform Congress; that Why? Because Senate Republicans on the first day of this Congress we The Clerk read the title of the con- current resolution. are holding the minimum wage hostage went until 1:30 the next day reforming to special interests. In exchange for re- this House, reforms that we are all The SPEAKER pro tempore. Is there objection to the request of the gen- leasing their hold on the minimum very proud of and voted for, to open wage, Republican Senators want medi- this House and give it back, and fin- tleman from Maryland? There was no objection. cal savings accounts added to health ished the day with the Congressional care reform as a ransom for its release. Accountability Act that is now law The text of House Concurrent Resolu- tion 198 is as follows: MSAs, the Republican payoff to spe- that makes all of us live under the cial interests and big donor insurance H. CON. RES. 198 same laws that we have passed. We companies. The same MSAs that Con- Whereas as the Member’s and Family have passed the gift ban and lobby re- sumers Union, Consumers Union is the forms, and many reforms over the Room is an official entity of the House of Representatives, administratively under the group that puts out Consumer Report course of the year. Office of the Clerk of the House; that tells you what kind of a car it Because of the problem of floor time, Whereas the purpose of the Member’s and makes sense to buy, what kind of an what we are bringing next week is the Family Room is to facilitate family life in appliance so that you do not buy a campaign finance reform, and I believe congressional families, and to promote colle- lemon. The same MSAs Consumers one other on suspension. Well, just gial relationships among the sitting Mem- Union called a time bomb that will campaign finance reform next week, to bers of Congress; and Whereas a family picnic on the Capitol make health insurance less accessible continue the efforts and the accom- grounds would promote the purposes of the and less affordable for many Ameri- plishments of this reform Congress, the Member’s and Family Room: Now, therefore, cans; the same MSAs that will make us 104th Congress. be it take a step backward in our quest for Mr. BONIOR. Madam Speaker, I Resolved by the House of Representatives (the health care coverage for the majority thank my colleague. I do not intend to Senate concurring), of Americans. debate, at 2:30 on Friday, how much re- SECTION 1. AUTHORIZATION OF FIRST ANNUAL This is an outrage. Over 80 percent of form this Congress has achieved. We CONGRESSIONAL FAMILY PICNIC ON the American people support a mini- CAPITOL GROUNDS. will have a good go at that for I sus- The Advisory Board of the Member’s and mum wage increase. Let me repeat pect about 3 hours next week, and we Family Room (in this resolution referred to that. Over 80 percent of the American obviously have a different point of view as the ‘‘Advisory Board’’) shall be permitted people support a minimum wage in- than my friend from Texas on this to sponsor an event, the first annual Con- crease. The Republican leadership un- issue. gressional Family Picnic, on the Capitol derstands that figure. In fact, the Sen- But I thank him for his information grounds on July 30, 1996, or on such other ate Republican aide told the New York and we wish him a good weekend. date as the Speaker of the House of Rep- Times that ‘‘Republicans do not believe resentatives and the President pro tempore in raising the minimum wage. We Mr. DELAY. Madam Speaker, if the of the Senate may jointly designate. gentleman would yield further, I also voted for it because it was killing us.’’ SEC. 2. CONDITIONS. Talk about political expediency. And wish everyone a good weekend and urge The event to be carried out under this res- them to get rest, because of the short olution shall be arranged under conditions to because they truly believe that they do week and an intense week. And I wish be prescribed by the Architect of the Capitol not believe in raising that minimum my friend a good weekend also. and the Capitol Police Board. wage and they do not believe in helping SEC. 3. STRUCTURES AND EQUIPMENT. American families by increasing their f For the purposes of this resolution, the Ad- economic earning power, and because visory Board is authorized to erect upon the they were forced to vote for it, they are ADJOURNMENT TO TUESDAY, Capitol grounds, subject to the approval of now holding the minimum wage in- JULY 16, 1996 the Architect of the Capitol, such structures crease hostage. and equipment (including cooking equip- f Mr. DELAY. Madam Speaker, I ask ment) as may be required for the event to be unanimous consent that when the carried out under this resolution. ANNOUNCEMENT BY THE SPEAKER House adjourns today, it adjourn to SEC. 4. ADDITIONAL ARRANGEMENTS. PRO TEMPORE meet at 10:30 a.m. on Tuesday, July 16, The Architect of the Capitol and the Cap- itol Police Board are authorized to make any The SPEAKER pro tempore. The 1996, for morning hour debates. Chair would remind Members that The SPEAKER pro tempore (Ms. such additional arrangements that may be required to carry out the event under this under the rules and precedence of the GREENE of Utah). Is there objection to resolution. House it is not in order to cast reflec- the request of the gentleman from The concurrent resolution was agreed tions on the Senate or its Members, ei- Texas? ther individually or collectively. There was no objection. to. A motion to reconsider was laid on Ms. DELAURO. Madam Speaker, a 90- cent increase is all that we are asking f the table. f for, 90-cent increase. But the Repub- licans are firm in their opposition. The DISPENSING WITH CALENDAR SPECIAL ORDERS Republican whip, the gentleman from WEDNESDAY BUSINESS ON The SPEAKER pro tempore. Under Texas, TOM DELAY, who was well com- WEDNESDAY NEXT the Speaker’s announced policy of May pensated as a Member of Congress, as Mr. DELAY. Madam Speaker, I ask 12, 1995, and under a previous order of we all are, to the tune of $133,600 a unanimous consent that the business the House, the following Members will year, he has said that ‘‘Families trying in order under the Calendar Wednesday be recognized for 5 minutes each. to get by on $4.25 an hour do not really rule be dispensed with on Wednesday f exist.’’ next. He should get out of Washington The SPEAKER pro tempore. Is there MINIMUM WAGE BILL HELD more and meet the 12 million Ameri- objection to the request of the gen- HOSTAGE IN SENATE cans, most of them, by the way, who tleman from Texas? The SPEAKER pro tempore. Under a are women, who would benefit from the There was no objection. previous order of the House, the gentle- wage increase. H7508 CONGRESSIONAL RECORD — HOUSE July 12, 1996 This extra pay may seem small but DOMESTIC VIOLENCE/WELFARE and they sent 73 new Members to this would mean 7 months of groceries, a RESOLUTION Congress for a very important reason. year of health care costs, 9 months of The SPEAKER pro tempore. Under a In fact, I think there were three or four utility bills or 4 months of housing. previous order of the House, the gentle- major things they wanted us to do. In the State of Connecticut, 87,158 woman from California [Ms. ROYBAL- First of all, I think they wanted us to hardworking people earn between $4.25 ALLARD] is recognized for 5 minutes. put the Federal Government on a diet. and $5.14 an hour. Each one of those Ms. ROYBAL-ALLARD. Madam Second, I think they really wanted us people would benefit by passing a mini- Speaker, we are all aware of the fact to pass term limits. Third, I think they mum wage increase. that domestic violence is at epidemic want commonsense regulatory reform. And finally, and perhaps most impor- In the Republican Whip TOM DELAY’s levels and rising. tantly, I think the American people State of Texas, 1.1 million people would What was not known until recently want us to change the way Washington benefit. That is 14.7 percent of the however, is the relationship between does business. Texas work force, not an insignificant domestic violence and welfare depend- Well, Madam Speaker, I think we number. ency: namely, that for victims of abuse, the welfare system is often the have made real progress. As a matter But these hardworking Americans in of fact, we passed the balanced budget Connecticut and Texas and their 12 only hope they have for escape and sur- vival. amendment out of this House. Unfortu- million fellow Americans continue to nately, it failed by one vote over in the wait for a boost in their wages because A recent study by the Taylor Insti- tute of Chicago offers insights as to Senate. We went on to pass the first the Republican Party continues to find balanced budget plan in over 25 years. new ways to block the increase. why so many women become trapped in the cycle of violence and dependency. We have eliminated over 270 programs This is legislation that has passed The study found that 50 percent to 80 and, as a matter of fact, we have saved both the House and the Senate and is percent of women on AFDC are current the taxpayers, this Congress, over $43 now being held hostage by extremists, or past victims of domestic violence. billion. people who would rather protect spe- It also documents how abusers keep The budget is moving in the right di- cial interests than to help ordinary women financially and psychologically rection, and we are moving towards working Americans. All the while, dependent by deliberately sabotaging balancing the people’s books. On the America’s workers struggle and they their efforts to succeed in education very first day we began to change the scramble to pay their bills, to put food and job training programs. For exam- way Washington does business, the way on their tables, to clothe their kids, to ple, the study found that abusers have we work. We passed the Shays Act. get them to school and to maintain been known to destroy their victims’ We said that Congress is going to their standard of living. books and homework, hide their cloth- have to live by the same laws as every- A minimum wage worker makes ing, inflict visible and embarrassing in- body else. That was a very important about $8,500 a year. That is it. Two- juries, and engage in abusive behavior change. For many years Congress thirds of these workers are adults and before important events such as high would pass new rules and new laws that almost 60 percent are women. Over 40 school equivalency examinations and everybody else had to live by, but at percent are the sole breadwinners in job interviews. the bottom of that bill it would say their family. The Department of These findings underscore the impor- something to the effect that nothing in Health and Human Services estimates tance of ensuring that any welfare re- this enactment requires the Congress that the minimum wage increase could form legislation enacted by Congress or the Federal Government to live by lift 300,000 families out of poverty, in- maintains this critical safety net. the same rules. cluding 100,000 children. Toward this end, Senator WELLSTONE b 1445 A great American once said, and I and I have introduced resolutions ex- Also, on the first day we opened the quote: pressing the sense of Congress that any committee meetings to the public for No man can be a good citizen unless he has welfare reform proposals shall not fur- the first time. We ended proxy voting, a living wage more than sufficient to cover ther endanger women and children who and this Congress passed the toughest the bare cost of living * * * so that after his are victims of domestic abuse by deny- gift ban in the history of the United day’s work is done he will have time and en- ing them access to their last source of States. ergy to bear his share in the management of support and means of escape. Madam Speaker, there was one area the community, to help in carrying the gen- I urge all of my colleagues to support where this Congress failed, and that is eral load. this important resolution. on the very important issue of term Which great American said that? f limits. We can dress it any way we Theodore Roosevelt. A Republican want, but I think that is one thing the VACATION OF SPECIAL ORDER President of the United States. Unlike American people want from this Con- AND GRANTING OF SPECIAL the Republicans in the Senate, Presi- gress, and that is to limit our own ORDER dent Roosevelt understood that Ameri- terms. They have been too long where cans deserve to be treated fairly and to Mr. GUTKNECHT. Madam Speaker, I Members who have served for years and be honored for their work. ask unanimous consent to claim the years and years are no longer account- Day 3 of the Republicans holding hos- time of the gentleman from Indiana able to them and they begin to believe tage the minimum wage. Day 3, and [Mr. MCINTOSH]. that all wisdom emanates from here in the American people continue to wait The SPEAKER pro tempore. Is there Washington, rather than from back in for something they support overwhelm- objection to the request of the gen- the districts which they are supposed ingly. Day 3, and the special interests tleman from Minnesota? to serve. continue to control the Republican There was no objection. Madam Speaker, I have held over 75 agenda. It is time to free the minimum f town meet meetings in my district. wage. Frankly, at virtually every one of MESSAGE FROM THE VOTERS them the issue of term limits has come f The SPEAKER pro tempore. Under a up. previous order of the House, the gen- Another issue that people are con- The SPEAKER pro tempore. Under a tleman from Minnesota [Mr. cerned about is the whole concern previous order of the House, the gentle- GUTKNECHT] is recognized for 5 min- about congressional pensions. As a woman from Washington [Mrs. SMITH] utes. matter of fact, almost monthly we read is recognized for 5 minutes. Mr. GUTKNECHT. Madam Speaker, I about some Member of Congress who is [Mrs. SMITH of Washington ad- am one of those Members of the fresh- receiving a six-figure income after they dressed the House. Her remarks will man class in the 104th Congress, and I retire from this body. We have read re- appear hereafter in the Extensions of do believe that 2 years ago the Amer- cently, just in the last year, that a Remarks.] ican people sent a very clear message former Speaker, and I will not mention July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7509 names, but a former Speaker is getting good enough. Working families in floor do? It does not take money out. It $123,804 per year; that a former minor- America want us to change the way puts more money into campaigns. In ity leader of this body is getting Washington does business. They want fact, the Speaker himself said in No- $110,538 per year; and another gen- Congressional reform. I hope we can vember, and I quote, ‘‘One of the great- tleman who served as the Chair of one get it in the next several weeks. est myths of modern politics is that of the more powerful committees, who f campaigns are too expensive. The po- will soon become a constituent of litical process in fact is underfunded. It VETERANS ARE AT A mine, will receive a pension of $96,462 is not overfunded.’’ That is not what CROSSROADS per year. my constituents are telling me. The public is saying enough is The SPEAKER pro tempore (Ms. First of all, this bill would reduce po- enough. They did not get term limits. GREENE of Utah). Under a previous litical action committees, what they There is one way that we can perhaps order of the House, the gentleman from can contribute, by one-half, perhaps kill two birds with one stone. That is West Virginia [Mr. WISE] is recognized worthwhile. But it would permit indi- by passing a bill that would limit pen- for 5 minutes. vidual contributions to go up from sion accrual for Members to 12 years. If Mr. WISE. Madam Speaker, there are $1,000 to $2,500, what an individual can we cannot force Members to retire two issues I wish to talk about today. give to a candidate. That does not after 12 years, at least we can take First of all is veterans. sound like reform to me. some of the money out of it. Madam Speaker, I think it is impor- Whereas the bill that has been talked To that end, I have introduced H.R. tant that we recognize that veterans about for the Democratic side would 1618, and we have a companion bill are at a crossroads right now and this limit political action committee con- which is much easier to remember in Congress is at a crossroads, and it is tributions to one-third of what a can- important to reestablish that commit- the Senate. It is Senate bill 1776. So didate could receive, this would in- ment and to reaffirm commitment to Members watching on TV and those on crease and take the limits off what C–SPAN, if they remember Senate bill our veterans. The budget plan that was proposed in PAC’s could contribute. There would be 1776, they can remember the bill. no limitation in the Speaker’s bill on What this bill says is that Members this House just last year would have cut veterans’ programs, VA programs, soft money, which is one of the most would limit their pensions accrual. egregious offenses that either party After they had served for 12 years, by $6.4 billion to the year 2002, and yet at the same time there would have can commit, funneling large amounts their pensions would stop adding up. of money into State parties without What that would mean is that at the been over $2 billion in tax cuts, many of which went to the wealthiest indi- any accounting. current level of salary for a Member of Also, this bill does nothing to take Congress, the maximum level of pen- viduals. This proposal, had it gone through, on the recent Supreme Court decision sion that a Member of Congress could that in effect says a political party, get would be $27,254. would have meant the VA medical sys- tem would have had to reduce employ- Republican or Democrat, can make an Now, under this plan, if this bill were unlimited independent expenditure in in law today, the total savings to the ment by 9,500 employees, denying care behalf of a candidate, one of the great- taxpayer per year would be $7,892,140. to 165,000 veterans that it was planning to take care of. This also means that est loopholes going. But, more importantly, we would take So what this bill does that they are some of the incentive away for Mem- they would have had to have reduced their workforce by the year 2002 by going to bring to the floor does not bers staying years and years and lit- begin to cut down to the flow of money erally beginning to grow roots here in 61,000 workers or about 30 percent of going into campaigns. It only takes the Washington. their work force. limits off and makes the situation far I think the American people are I am happy to say that we beat this speaking loudly and clearly that they back, Madam Speaker, but yet even worse than it is. What we need, in order to deal with support this basic notion. There was under the appropriation bills veterans the Supreme Court decisions as well as some polling done recently by the were going to be asked to increase pre- other actions, we are going to have a Luntz Research Company, and what it scription copayments, to double the co- constitutional amendment that says demonstrates is this: Would you be payment that veterans pay for pre- more or less likely to vote for a Mem- scription drugs, and to deny 150,000 vet- that free speech and expenditure of ber who voted to reduce the growth in erans Medicaid coverage in 2002, most money are not the same thing; that congressional pension? Sixty-five per- of whom could not afford private insur- simply because we can spend more cent of the people in the United States ance and would have been ineligible for money, that is not equated to free said they would be more likely to vote VA medical care. speech. for those candidates. We were able to beat that back, as I am greatly concerned because I see I think the American people are well, and I am happy to say that I sup- the cost of campaigns going up, I see speaking loudly and clearly. They ported on the floor recently the Stump outside groups coming in, I see inde- would like to see term limits and they amendment, a bipartisan amendment pendent expenditures steadily rising, would like to see limits on the amount to increase VA medical care by $40 mil- all of which is taking control farther of pensions that Members of Congress lion over both the President’s request and farther away from the everyday can collect. and the committee bill. Indeed, there voter and constituent. Yet this bill, I think the bill that we have intro- was almost $1 billion of increased fund- branded as reform, only takes us fur- duced, and my sponsor over in the Sen- ing for veterans health care in that ther in that direction. It does not take ate is Senator JIM INHOFE from Okla- bill. I also supported permitting Medi- money out of the electoral system, it homa, I think we have introduced a bill care to reimburse for veterans’ care, puts more money in, and it makes can- that makes sense. It is fair. It is rea- particularly in military hospitals. I am didates more responsive to large indi- sonable. It is responsible, and it is long sorry that that was defeated, but we vidual contributors. overdue. will be back again. The interesting thing is, a family of Madam Speaker, everywhere I go, CAMPAIGN REFORM four could contribute up to $2.4 mil- and as I say, I have had 75 town meet- Madam Speaker, I also want to talk lion. If they have got it, folks could ings, people ask me, ‘‘GIL, why are you about campaign reform, because next contribute up to $2.4 million under this not doing more in terms of reform of week is billed as reform week by the bill. That is not campaign reform, and Washington?’’ And they ask me, ‘‘GIL, Republican leadership in this House. I do not think anybody in my district are you going to pass term limits? What kind of reform are we looking at thinks that it is. When are you going to pass congres- for campaign reform? It is interesting. Another interesting provision in this sional pension limits, so that we do not My constituents tell me, ‘‘BOB, the bill is that it was suggested no money see Members retiring with six-figure problem is there in too much money in could be raised within 50 miles of parachutes?’’ politics, and you ought to get it out.’’ Washington. I ought to be happy with We did not get term limits through, What does this campaign reform bill that provision because the eastern but saying ‘‘Sorry, we tried’’ is not that the Speaker is bringing to the Panhandle, which is just 50 to 60 miles H7510 CONGRESSIONAL RECORD — HOUSE July 12, 1996 from West Virginia, could become the that really does cross political bound- the American well-being. H.R. 3460 is mecca. This could become a boon to aries, because on this particular issue about to be put to this floor, and it the hotel and catering industries. But there is widespread bipartisan support would steal America’s technology. It the reality is that this bill is not good from people who are sincerely con- should be defeated and the for West Virginia and it is not good for cerned about an attack on a fundamen- Rohrabacher amendment put in its voters across the country. This is not tal building block of American prosper- place. reform. ity. f f Both Democrats and Republicans THE MINIMUM WAGE AND HEALTH have signed on to a bill that I have to VACATION OF SPECIAL ORDER CARE REFORM restore the guaranteed patent term to AND GRANTING OF SPECIAL Americans. I know this sounds like a The SPEAKER pro tempore (Ms. ORDER yawner of an issue. I mean, patent law, GREENE of Utah). Under a previous Mr. ROHRABACHER. Madam Speak- after all. But what is happening right order of the House, the gentleman from er, I ask unanimous consent to claim now, and most Americans do not un- New Jersey [Mr. PALLONE] is recog- the time of the gentleman from Vir- derstand it, is that there is an abso- nized for 5 minutes. ginia [Mr. WOLF]. lutely despicable underhanded attack Mr. PALLONE. Madam Speaker, I am The SPEAKER pro tempore. Is there on the American patent system. We here today to talk for 5 minutes about objection to the request of the gen- have multinational corporations that 2 issues that I think are really crucial tleman from California? are engaged in an effort to change the to the American people and that have a There was no objection. fundamental law that has permitted real chance of passing in this House f America to be the No. 1 technological and in the Senate and be signed into law by the President, if only the Re- ATTACK ON THE AMERICAN power in the world. publican leadership would allow the PATENT SYSTEM Yes, patent law is such a yawn. Who is concerned about patent law? Well, legislation to be voted on in, to be The SPEAKER pro tempre. Under a long ago our economic adversaries and, brought to the floor and voted on in a previous order of the House, the gen- yes, our military adversaries figured fashion that most Members agree on, tleman from California [Mr. out what America’s greatest strength whether they happen to be Republican ROHRABACHER] is recognize for 5 min- is. It is not that our people work so or Democrat. utes. hard, because our people do work hard, One is the minimum wage increase Mr. ROHRABACHER. Madam Speak- but people all over the world work and the other is health care reform leg- er, during election years we hear a lot hard. islation that was originally sponsored of people who are steamed on this issue But our people when they work, or in the Senate by Senator KASSEBAUM or that issue. They are very upset our defenders when they defend our and Senator KENNEDY, again on a bi- about it. The fact is that many times it country, have superior technology. partisan basis. is just because it is an election year, That gives us our edge. It always has. The minimum wage hike is long over- and we have to remember that. We have the technological edge. That due. I know that my colleague from For example, the other party did con- is what has secured our country’s secu- California on the other side said, well, trol both Houses of Congress and the rity and has secured us a standard of why did not the Democrats do it 2 Presidency for 2 years just prior to living that has been admired and years ago or why did not such-and-such when Republicans took control of both envied all over the world. do it whenever. I am not really con- Houses of Congress. During that 2-year Is it any surprise, then, that our eco- cerned about the past. time period, if indeed it had been im- nomic adversaries and countries that The reality is that we know there are portant for the Democratic Party to do not like the United States would an overwhelming majority in the pass an increase in the minimum wage, look for our Achilles heel? What is it House and in the Senate, both Demo- they would have passed that increase that gives us that power? What gave crats and Republicans, that would vote in the minimum wage because they had Samson that strength but his long for this very simple minimum wage control of both Houses of Congress and locks? Our secret is the fact that we hike if they were given an opportunity the Presidency, but they did not. have had the best technology, and we to do so. And once again, this week in If, indeed, there is something where have had the best technology because the other body, in fact, there was a Republicans in the Senate are holding we have had the strongest patent sys- vote, and efforts by the Republican back on an increase in minimum wage tem in the world. leadership over there to try to put in in order to get something else that Now, there is an underhanded effort, what I would call poison-pill amend- they want, I think we have to remem- an effort that has been going on for ments that would have delayed imple- ber that if we call that holding it hos- about 2 years to try to change the fun- mentation of the minimum wage hike tage, the liberal Democrats who con- damental patent law of this country so or would have excluded small busi- trolled both Houses of Congress and the that it will undermine America’s abil- nesses so that half the people who now Presidency must have held the mini- ity 10 years down the road to benefit from the minimum wage would mum wage hostage for 2 years because outcompete our economic adversaries. not have gotten the increase. Those they had all the power in the world to Some people, of course, who are sup- amendments were defeated overwhelm- do what they wanted to do. porting the patent changes are doing so ingly, again, on a bipartisan basis. Also, when we hear about other perfectly well-intentioned, and perhaps The only thing that is holding up this apsects that seem to be important now they bought into this or that argu- bill right now is because the Repub- to the people on the other side of the ment. The fact is, what is the driving lican leadership in the other body has aisle, campaign reform, for example, it force behind those who want to change decided that they will not appoint con- should not be any surprise to anyone our patent law? The driving force is an ferees and links the appointment of who is really paying attention that idea that we should globalize all patent conferees to conferees being appointed they could have also passed any type of law, so all of the laws should be the on the health care reform bill, the campaign reform they wanted. After same, and Americans who have had the other bill I mentioned today. all, they did control both Houses of strongest guaranteed patent rights of Well, some of you may, my col- Congress and the Presidency. But they any people in the world will just have leagues certainly know but I am not did not do that. Maybe they are upset to live with fewer rights because we sure that the public knows what we now because they are suggesting that need a global harmonization of law. mean when we talk about appointing they want to do something that they conferees. This is when there is basi- b did not do when they had the power to 1500 cally a meeting or negotiation between do it. That is sort of confusion. Well, that concept may appeal to the two Houses on different bills. If you Well, I would like to talk about some people. It certainly appeals to do not appoint the conferees and you something that I talked about long be- multinational corporations and big do not bring the bill to the floor, the fore it was a political year, something businessmen. But that is a threat to bill does not pass. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7511 That is what we face now. A con- reform. I think most of us on a biparti- China, for example, where President Clinton certed effort on the part of the Repub- san basis would like to see some kind delinked human rights from MFN trading sta- lican leadership in the other body to of welfare reform. How can you have tus. After resounding denouncements of Presi- not let these two bills come to the welfare reform if you do not have an dent Bush's policy to elevate trade matters floor and be passed. It is a shame. increase in the minimum wage? You above concerns for human rights Bill Clinton The American people, those who are have to provide an incentive for people advanced the identical notion to the point on the minimum wage need a hike. to get off of welfare, for people to not where there are no longer even discussions They have not had one for a long time. need government assistance. on human rights with the Chinese. National Many people would benefit from the If they do not make a fair-share wage Security Adviser Anthony Lake just returned Kennedy-Kassebaum health insurance that will not be possible. I want to from a round of high level talks with China. reform because it would provide port- point out that in my own State, on a The topic of human rights was conspicuous by ability, the ability to take your health State level we passed a minimum wage its absence from the agenda. insurance with you when you lose a job increase a few years ago somewhat In Russia itself, anti-Semitism is cropping up or when you transfer jobs. similar to the one proposed on the Fed- more and more. Anti-Jewish rhetoric, if not It would also allow for people to buy eral level. The result was that more commonplace, is at least being voiced by health insurance who now cannot be- jobs were created. some mainstream officials. Presidents Carter, cause they have a preexisting medical There was a study done by two Reagan, and Bush condemned anti-Semitism condition. Princeton University economists re- and antihuman rights policies to every turn. Now, it is time for this legislation to cently for New Jersey and basically Today's White House remains silentÐto of- move and be passed and be sent to the what it pointed out was the minimum fend no one and thereby offend us all. President. We only have a short wage workers take that extra money I visited Chechnya last year, met the peo- amount of time here. I do not know, and they go out and buy things, wheth- ple, Russian and Chechen, soldier and civil- there is maybe 25, 30, possibly fewer er it is food or whatever it is that they ian, and saw first hand the results of this hor- legislative days. If the Republican need as basic necessities of life. That ror. I saw the burned out school of leadership continues to put a hold on creates more jobs. It actually helps the Shamanski. Heard about the grotesque and these bills—— economy. I know some have suggested unspeakable acts drug-crazed soldiers com- f that raising the minimum wage is mitted on old men and women. Since return- ANNOUNCEMENT BY THE SPEAKER going to lose jobs, but that is not the ing, I have urged the President time and again PRO TEMPORE case. It actually increases economic to speak out against this war. I have asked The SPEAKER pro tempore. The activity. I urge that this bill move in him to offer to help by making available a high Chair must interrupt to repeat her ear- both Houses and go to the President. level person experienced and wise in diplo- lier admonition concerning reflections f macy and negotiation to help both sides search for common ground. To search for a on the Senate. TRAGEDY IN CHECHNYA Mr. PALLONE. Madam Speaker, I more humane way out. But this administration just wanted to, if I could, in the time The SPEAKER pro tempore. Under a did nothing. This administration does nothing that remains to me, point out that the previous order of the House, the gen- to advance human rights or to condemn the minimum wage right now is $4.25 an tleman from Virginia [Mr. WOLF] is horrors taking place in Chechnya. hour, which adds up to about $8,800 a recognized for 5 minutes. Here are copies of my exchanges of ideas year. It is a disgrace that someone in Mr. WOLF. Mr. Speaker, yesterday's head- with the President; with the administration. I America can work a 40-hour week for 52 line was ``Russia pounds Chechens as elec- insert these in the RECORD at this time. weeks a year and only earn $8,800. How tion truce unravels.'' Today's headline tells us My point in standing here is to advance the can we as a country that was founded the ``Chechen war escalates once more.'' Re- notion that America stands for something im- on principles that we all have the same port after report details a growing number of portant. Like it or not we are the sole nation opportunity to improve our quality of casualties. Many people, both military and ci- of sufficient stature, strength, and compassion life to pull ourselves up from boot- vilian, are being killed each day. No one which can, in the world court of public opinion, straps only to deny those dreams to seems to know exactly how many but the total speak on the side of those with no voice. If we our working poor. is growing. So is the number of refugees try- do not, they will not be heard. More will die Every day that the Republican ma- ing to stay one step ahead of the fighting and and suffering will intensify. jority delays the vote to increase the destruction; moving like the tide, first here, But we remain silent. Mr. Speaker, we call minimum wage, another American then there. Fleeing, leaving the fighting and on the President to condemn Russian brutality dream is essentially shattered. The Re- danger behind only to reencounter it up in Chechnya. Condemn those who ignore the publican leadership has talked about ahead. basic human rights of others. And urge Vice family values for many years, but I The Russian military has taken off the President GORE to carry this important word to think its mere rhetoric when it comes gloves now that Boris Yeltsin has been safely his Russian counterparts during his visit there to minimum wage. Minimum wage reelected. With tough talking ex-General Alex- next week. workers are forced to leave their fami- ander Lebed in his corner, President Yeltsin HOUSE OF REPRESENTATIVES, lies far beyond the 8-hour day just to has unleashed an awesome array of brutal Washington, DC, July 10, 1996. military might on tiny independent-minded Hon. ALBERT GORE, Jr., provide a balanced meal for their chil- The Vice President, The White House, Washing- dren. Chechnya. The apparent goal is to crush the ton, DC. If a minimum wage earner worked a life out of any desire for independence, no DEAR MR. VICE PRESIDENT: As you prepare 16-hour day, they would only earn $68 matter what the price. The most recent down for your meeting with Viktor Chernomyrdin for that day. Under the Democratic payment was the death of Russian Maj. Gen. this weekend in Moscow, I wanted to share proposal, which again is really a bipar- Nikolai Skripnik and a number of other sol- with you the correspondence between the ad- tisan proposal, they would take home diers on one side and guerrilla fighters and in- ministration and myself on the brutal war in over $82 a day for their efforts, an extra nocent civilians on the other. The numbers Chechnya. I also have enclosed an op-ed by grown each day now. And no one seems to Georgie Anne Geyer from the Washington $14. That means that maybe they can Times with which I strongly agree. go out and buy a meal for their chil- have the will to stop this carnage. It is time for the administration to pub- dren or a healthier meal. Certainly no one in our White House. This licly denounce the fighting in Chechnya and Right now many who live on the min- administration continues to sit on its hands re- find a fair, honest mediator to help work out imum wage do not have health insur- garding Chechnya. It has not spoken out to the differences between the two sides. The ance. They do not have the ability, ba- condemn the brutality and the havoc. The Russian people, the Chechens and, indeed, sically, to provide for their family. My Clinton policy on Chechnya has been to re- the world is waiting for a public statement point is that if we increase the mini- main silent. Deathly silent. Webster's defines of condemnation from the United States. mum wage, we make it possible for a genocide as ``the deliberate, systematic de- While I believe it is way overdue, you now have the opportunity, at this, your first lot of these people to not be so depend- struction of a group.'' Chechnya is a textbook post-election meeting with your Russian ent upon government subsidies. example of genocide and we say nothing. counterpart, to make such a statement. Again, there is going to be a bill com- This administrationÐthis PresidentÐhas Mr. Vice President, this is your oppor- ing to the floor next week on welfare walked away from human rights at every turn. tunity to publicly stand for human rights H7512 CONGRESSIONAL RECORD — HOUSE July 12, 1996 and peace in Chechnya. Please use the up- looking better and better to them each day. He notes: coming meeting to publicly, forcefully and Perhaps it is not too late. Perhaps there is . . . military action could spread from unabashedly condemn the fighting in Russia still time for you to offer the services of an Chechnya to next door neighbor Ingushetia. and urge the Russian government to seek a American statesman to help the warring par- Not only would this bring senseless killing, peaceful settlement. ties in the search for common ground. Per- destruction, and misery to a new region that I also hope, now that the elections are haps there is time to end the killing. is, today, relatively tranquil, it would deny over, that the administration will take a I urge you to try. What more is there to an existing haven to many Chechens who fresh look at offering the use of a tested and lose in this matter? At least let’s get the bat have fled from the daily terrors of their proven statesman to help resolve the conflict off our shoulder and go down swinging. Mr. homeland. When I recently visited that re- between the two sides. It would be a sign President, I do not mean to be disrespectful gion, I went to an Ingushetian refugee camp that the U.S. has advanced beyond a policy but this opportunity will not come again. for Chechens, mostly women, children and of watching the killing to actually doing Please. the aged. They do not need another turn in something about it. Sincerely, a war zone. Thank you. FRANK R. WOLF, Sincerely, Member of Congress. . . . the conflict in Chechnya will not con- FRANK R. WOLF, tinue at its present level. It cannot get bet- ter so it will only become worse. Not only Member of Congress. HOUSE OF REPRESENTATIVES, Washington, DC, May 23, 1996. will pain an suffering intensify with contin- ued fighting but the opportunity for rec- THE WHITE HOUSE, Hon. WILLIAM J. CLINTON, onciliation or consensual peace will recede Washington, DC, June 25, 1996. The PRESIDENT, Hon. FRANK WOLF, The White House, Washington, DC. further into the realm of the improbable. House of Representatives, Washington, DC. DEAR MR. PRESIDENT: Buried on page A–4 . . . the Clinton Administration (Mr. DEAR REPRESENTATIVE WOLF: I am writing of this morning’s New York Times was the Aoushev’s term) is ignoring human rights in response to your letters regarding the ap- enclosed article reporting 160 more killed in violations by Russian military and has not pointment of a special American envoy to fa- Chechnya. Dying there has, I suppose become done enough to use its influence to end the cilitate peace in Chechnya. so commonplace as to barely be newsworthy. conflict. As I wrote to you previously, my Adminis- Won’t you at least consider appointing a spe- I hope you will consider what Mr. Aoushev tration was prepared to consider a special cial American envoy whose sole goal is to has to say and I reiterate my earlier and American envoy had either the Russians or bring these two warring parties to the nego- often made suggestion that you should offer Chechens expressed an interest in such an tiating table to agree to stop shooting one to both sides an American negotiator of prin- intermediary; neither side did. In April, the another? ciple and stature whose task is to urge and Russians considered possible Russian medi- One can try to do good and fail or one can prod the parties to this senseless conflict to ators and expressed interest in the good of- fail to try to do good. They are miles apart. stop it. How could it hurt? It might help. fices of King Hassan II of Morocco. I spoke to I urge you, Mr. President, make this effort. Continuing to do nothing is to accept or even the King about what role he might play. Thank you. to encourage more inhumane acts on help- Appointment of an unsolicited American Sincerely, less people. mediator under such circumstances would FRANK R. WOLF, Please work to stop this senselessness. have accomplished little for peace in Member of Congress. Chechnya. Indeed, it might well have hin- Thank you for your time. dered and undercut the OSCE mission’s ef- 160 REPORTEDLY KILLED IN CHECHNYA BATTLE Sincerely, FRANK R. WOLF, forts, which led to the May 27 meeting in MOSCOW, May 22 (AP).—Up to 40 Russian Member of Congress. Moscow between President Yeltsin and troops and 120 separatists were killed today Chechen rebel leader Yandarbiyev. That in a fierce battle near Bamut, in western meeting produced a cease-fire agreement and Chechnya, the Itar-Tass news agency re- HOUSE OF REPRESENTATIVES, restarted direct Russian-Chechen negotia- ported. Washington, DC, April 25, 1996. tions. While tenuous, these negotiations ap- Up to 1,000 rebels have been defending the Hon. WILLIAM J. CLINTON, pear to be making some progress toward re- hills around he village, which lies in ruin, The PRESIDENT solving the Chechen situation. against Russian artillery, tanks and war- The White House, Washington, DC. I fully agree on the need to help bring planes, a high-ranking Defense Ministry offi- DEAR MR. PRESIDENT: Thank you for your peace to Chechnya. My Administration has cial said. response to my last letter expressing concern pursued various means to promote a settle- The Russians suspect that a large rebel over Chechnya. I have been in Chechnya, ment in Chechnya and will continue to do so weapons cache is hidden at Bamut, a former seen the results of the war, met with the through every available path that does not Soviet missile base 35 miles southwest of people there and have a sense of their re- interfere with or undermine a negotiating Grozny, the capital. solve, their bitterness and their anger. They process that is ongoing. But Defense Minister Pavel S. Grachev are a hearty, robust and proud people. I appreciate your concern about this issue. still said today that Moscow would reduce Chechens are good fighters and will not yield Sincerely, the number of regular army troops in in this situation, not as long as even a few BILL CLINTON. Chechnya as part of a peace plan offered re- have the means to resist. cently by President Boris N. Yeltsin. I believe more must be done and time is HOUSE OF REPRESENTATIVES, Speaking to army officers in Washington, DC, June 3, 1996. Yekaterinburg, Mr. Grachev said the with- running out. Time has already run out for too many Chechen men, women and children Hon. WILLIAM J. CLINTON, drawals would be finished by Aug. 1, but he as well as for too many Russian soldiers and The PRESIDENT, did not say how many units would be pulled The White House, Washington, DC. out. He has announced withdrawals before their families. Though not intended, each time you meet with President Yeltsin or DEAR MR. PRESIDENT: Enclosed is a piece that turned out to be only troop rotations. on Chechnya from today’s Washington Times Tens of thousands of soldiers from the In- visit Russia . . . with the purpose of prop- that I wanted you to see. With Russia’s elec- terior Ministry and the regular Russian ping him up or lending stature to his presi- tions less than two weeks away, it may be Army have been in Chechnya since December dency . . . the opposite and undesired out- too late to do anything about Chechnya. If it 1994 trying to defeat the outmanned separat- come results. Before your meetings, he tries, is not already midnight, we are dangerously ists. once again, to clean up events in Chechnya close. with a renewed and vigorous military on- Mr. President, with all respect, I fear this HOUSE OF REPRESENTATIVES, slaught causing more Chechens and more country—your administration—has squan- Washington, DC, May 7, 1996. Russian soldiers to die, and the two sides be- dered a wonderful opportunity to cement Hon. WILLIAM J. CLINTON, come even more deeply mired in the conflict. tranquil relations with a Russia searching The PRESIDENT, President Yeltsin’s attempt to make for peace and economic development. Rather The White House, Washington, DC. Chechnya disappear from the radar screen we risk the emergence of a different Russia; DEAR MR. PRESIDENT: I am, once again, before you meet has the opposite and un- a Russia not only disillusioned with writing to point out that conditions for the wanted result of more killing, more conflict unfulfilled promises of a more democratic men, women and children in Chechnya con- and a diminished way out of this mess. He form of government and a market based tinue to deteriorate as hopelessness and ha- has apparently even found it necessary to lie economy but now a Russia thoroughly em- tred battle one another. Did you see the en- to you. According to the enclosed Reuters re- barrassed and angered by the inability of its closed Washington Times piece reporting the port, the Russian military attacks which re- military to quell the uprising of tiny views of Duma Member, Mr. Aoushev, who is sulted in Dzhokhar Dudayev’s death were oc- Chechnya. also the deputy chairman of their par- curring even as President Yeltsin assured There is a saying about the devil you know liament’s national security committee? He you that he was pursuing a peaceful resolu- being better than the devil you don’t know. makes several thoughtful points which tion in Chechnya. I sense the Russian people are approaching should give us pause about a ‘‘see nothing— President Yeltsin’s history here is one of this point and a return to communism is do nothing’’ policy. reacting badly in Chechnya each time you July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7513

and he are to meet. The outcome inevitably ment in killing Dudayev, to whom President THE WHITE HOUSE, is an even more difficult problem for him Boris Yeltsin had offered indirect talks to Washington, May 7, 1996. and may result in his downfall in the June end the 16-month conflict, was mired in con- Hon. FRANK R. WOLF, elections. He may not win reelection without troversy. House of Representatives, resolving this Chechnya situation. Tikhomirov was quoted by Interfax as say- Washington, DC. I agree that our interests and Russia’s as ing his troops had not conducted any special DEAR REPRESENTATIVE WOLF: Thank you well are better served with Mr. Yeltsin as operation to assassinate Dudayev. But an In- for your recent letter on Chechnya. I fully president when compared to other likely terior Ministry source said on Wednesday he share your concern about the Chechnya con- candidates. If he loses, Russia and their fed- had been killed in retribution for an ambush flict. eration of states will take a giant stride last week in which Chechen fighters killed I discussed the conflict with President backward. So I believe America must do all up to 90 Russian soldiers. Yeltsin on April 21 and urged, as I have in it can to bring resolution to the Chechen In a more detailed report, Interfax quoted the past, that he seek a peaceful settlement. conflict, for them, certainly, but for us as another source as saying Dudayev had been We have had other high-level communica- well. deliberately targeted by a rocket fired from tions regarding Chechnya with the Russian No one, least of all me, wants US involve- the air which homed in on him by following government since my return from Moscow ment on the ground in that region. But the signal of his satellite telephone. This and have urged a halt to Russian military America, as no other, is a respected and source said it was the fifth attempt in the actions. We have also approached a number trusted force standing for freedom and jus- past two or three months to destroy Dudayev of third countries to ask that they press the tice. Our leadership alone can drive a peace by this means. The first four had failed, the Russian and Chechen sides to pursue a nego- solution. As I have asked before, and copies source said, because the Chechen leader tiated solution. of all my earlier letters on this issue are en- ended his telephone conversation before the I have told President Yeltsin that the closed to refresh your memory, please offer rockets could target him. United States is prepared to do whatever it to President Yeltsin . . . and urge him to ac- can to support a peaceful settlement. To cept . . . the appointment of an American of Tikhomirov called the report of retribu- date, neither side has asked for an American considerable stature to negotiate and to tion ‘‘madness and an attempt to pass on to intermediary, but, if such a request were search for a peaceful end to this tragedy in the federal troops the blame for a possible made, we would certainly consider it. As you Chechnya. I know there are many good can- disruption of a peace settlement in know, the Organization on Security and Co- didates, perhaps a retired flag or general of- Chechnya.’’ He said his forces had stuck to operation in Europe maintains a mission in ficer or a statesman on the order of former Yeltsin’s order to halt military operations Groznyy, which has in the past facilitated Secretary Holbrooke. and only responded to rebel attacks. Russian-Chechen talks. And several promi- Mr. President, when I first wrote on this Yeltsin ordered troops into Chechnya in nent Russians, as well as King Hassan II of issue, our interest was one of bringing a hu- December 1994 to crush its independence Morocco, have been approached by the Rus- manitarian end to a needless war in drive. Over 30,000 people, mostly civilians, sian government to provide good offices. Chechnya. With the passing of time and are believed to have died and Yeltsin is try- We will continue to urge the Russians to evolving political fortunes in Russia, our ing to end the conflict to boost his chances seek a peaceful end to this tragic conflict. own national interests could be also affected of winning a second term as president in a Thank you for your continued interest. by fall-out from this matter, especially if it June poll. He unveiled a peace plan on March Sincerely, results in the return of communism to Rus- 31 which included a halt to Russia’s military BILL CLINTON. sia. This would be bad for America and for offensive, partial withdrawal of troops and the world. indirect talks with Dudayev. But the plan al- THE WHITE HOUSE, I believe we must quickly do something lowed ‘‘special operations against terror- Washington, May 7, 1996. here. I respectfully submit these rec- ists.’’ Hon. FRANK R. WOLF, ommendations and will do anything I can to It was not clear how the killing of Dudayev House of Representatives, help. If I can persuade you on this matter, I and his replacement by Zelimkhan Washington, DC. will come over on a moment’s notice. Yandarbiyev, a hardline pro-independence DEAR REPRESENTATIVE WOLF: Thank you Please act, Mr. President. Thank you and ideologist, could affect peace efforts. for your letter on the conflict in Chechnya. best regards. I share your concern; the fighting there has Sincerely, THE WHITE HOUSE, been a tragedy—for Chechens, for Russians FRANK R. WOLF, Washington, May 11, 1996. and for friends of Russian democracy. Member of Congress. Hon. FRANK R. WOLF, We do not believe that use of force can re- House of Representatives, solve this issue. I therefore welcomed the [From Reuters NewMedia, Apr. 25, 1996] Washington, DC. March 31 announcement by President Yeltsin REPORT: RUSSIAN ’COPTERS ATTACK CHECHEN DEAR FRANK WOLF: Thank you for sharing of steps to halt the conflict and intensify the TOWN the article on Chechnya. search for a negotiated solution. Unfortu- nately, fighting has continued. We have MOSCOW (Reuter).—Russian helicopter We have made our position on Chechnya urged both the Russian and Chechen sides to gunships attacked rebel positions in the clear to the Russians at the highest level. seize the opportunity they now have to reach Chechen town of Shali on Thursday, a day The President raised it with President a peaceful resolution. after slain separatist leader Dzhokhar Yeltsin in their April 21 bilateral in Moscow. I have raised Chechnya regularly in my ex- Dudayev was buried. General Vyacheslav He also addressed it in subsequent cor- changes with President Yeltsin. I will do so Tikhomirov, commander of Russian forces in respondence and in a May 7 phone conversa- again during my upcoming visit to Moscow, Chechnya, told Interfax news agency that tion. In these exchanges, the President urged where I will continue to underscore the need the gunships had made two ‘‘pinpoint the Russians to seek a negotiated settlement for a negotiated settlement. strikes’’ on guerrilla positions in Shali, and to restrain their military actions; he Thank you for your interest on this issue. about 25 miles southeast of the regional cap- also made clear that we stand ready to do Sincerely, ital Grozny. The attacks were in response to whatever we can to facilitate a settlement. rebel fighters firing on Wednesday at Rus- BILL CLINTON. We have additionally approached a number sian helicopters which flew over Shali on a of third countries to ask that they press the reconnaissance mission, he said. THE WHITE HOUSE, Interfax said civilians had been killed and Russian and Chechen sides to pursue a nego- Washington, April 20, 1995. tiated solution, and, in a demarche at the wounded in the attacks, though it gave no Hon. FRANK R. WOLF, casualty figure. It said seven people were Russian Foreign Ministry, our Ambassador House of Representatives, killed when Russian ground forces opened expressed in detail at the end of April our Washington, DC. concern about ongoing Russian military ac- fire on a civilian convoy trying to flee the DEAR REPRESENTATIVE WOLF: Thank you town which had been sealed off by Russian tions. for your letter concerning the conflict in troops for six days. A Shali police official, President Yeltsin has indicated that he Chechnya and my meeting with President quoted by Interfax, said the Russian attacks would like to get negotiations underway Yeltsin. I also understand you have discussed had caused considerable destruction. ‘‘People with the Chechens. Dudayev’s death has this with Strobe Talbott and Sandy Berger, have been killed and wounded,’’ he said. changed the equation, but it is not yet clear and I appreciate your views. The renewed Russian air raids followed the whether this will facilitate or further com- I accepted the invitation to participate in death of Dudayev last Sunday in a rocket at- plicate the search for peace. V–E Day ceremonies in Moscow and sched- tack from the air at Gekhi-Chu, about 20 I know you share our distress at the fight- uled a bilateral meeting with President miles south-west of Grozny, as he stood in an ing. We will continue our strong advocacy Yeltsin based on my conviction that contin- open field speaking by satellite telephone. for a peaceful end to this tragic conflict. ued engagement with Russia is vital to our Dudayev, 52, unchallenged leader of the re- Sincerely, own self-interest in seeing Moscow continue bellion against Russian rule, was buried on ANTHONY LAKE, along the difficult transitional course it has Wednesday at a secret location in the south Assistant to the President for charted. That engagement takes numerous of the territory. Russian military involve- National Security Affairs. forms, including the respect we convey to H7514 CONGRESSIONAL RECORD — HOUSE July 12, 1996 the Russian people by honoring their consid- I understand from Tony Lake that you had able problems, sometimes the issues are too erable sacrifices as our ally during the Sec- a sobering visit to Chechnya several weeks difficult to resolve alone. Feelings run too ond World War. As you have suggested, dur- ago. The conflict is a tragedy for all con- high and past wrongs have seared too vivid a ing my visit to Moscow, I plan to speak di- cerned. We hope the talks begun on June 19 memory to bring about resolution. Families rectly to the Russian people to underscore under OSCE auspices succeed in bringing a often need to bring in outside help to provide the long-term interest we share in building a political solution to the conflict and have counsel and objectivity, defuse tensions, ar- stable and friendly relationship at all lev- urged all parties to take full advantage of bitrate unresolvable differences and provide els—and also to state what we expect from the talks. a fresh outlook. This is a mediation role only Russia if we are to achieve such a relation- I also noted the report language on Fred the United States can play in resolving this ship. I also will meet with a range of Russian Cuny. I raised our concern about him with brutal conflict. I ask that you consider offer- leaders. President Yeltsin in Halifax; he assured me ing to both sides the use of a high-level nego- Pragmatic engagement will be the theme the Russians would do everything that they tiator of unquestionable stature: someone, of my meetings in Moscow with President could. perhaps, who has held at least a cabinet posi- Yeltsin and other Russian leaders. Russian Sincerely, tion in our government. and American interests coincide in a number BILL CLINTON. of important areas: continuing the nuclear When I visited Grozny last May, there build-down, upgrading control and protec- seemed little of the town left to destroy. Yet THE WHITE HOUSE, reports of death and destruction continue. tion over fissile stockpiles, containing and Washington, February 22, 1995. resolving regional conflicts like the Middle What can we lose by offering to negotiate be- Hon. FRANK R. WOLF, East, and promoting Russia’s integration tween the parties? Things could grow even House of Representatives, worse after the June elections if the winner into the global economic system. High-level Washington, DC. meetings help advance our interests in these of the presidential race senses a mandate to DEAR REPRESENTATIVE WOLF: Thank you end the conflict in Chechnya by any means. areas. It is equally important, at the same for your recent letter regarding the conflict I hope the U.S. will lend its weight to seek time, to remain engaged to work through in Chechnya. I agree that the violence in a speedy resolution. Please consider appoint- areas where we and Moscow differ, such as Chechnya is a tragedy for everyone involved. European security, reactor sales to Iran, and While we have publicly stated that ing a high-level negotiator to shuttle be- Chechnya. I have stated my views on the Chechnya is part of Russia, we have criti- tween the sides and push for peace. Our neu- Chechen conflict clearly, in public and in cized the toll of death and suffering the mili- trality should cease to be indifference and we private contacts with Yeltsin: the humani- tary action has inflicted on innocent civil- should use our voice, our experience and our tarian toll of the fighting is unacceptable ians. In our private discussions and in our economic power to stridently work for peace and the search for a political solution must public statements, we have strongly urged in Russia. intensify, ideally through the good offices of an end to the violence. We have also sup- It’s not too late. But too many have died. the OSCE, with respect for Russia’s terri- ported the positive role international organi- I urge you to take decisive action. torial integrity. As you noted in your letter, zations, such as the OSCE, can play in help- Sincerely, continuation of the bloodshed threatens Rus- ing to bring about a lasting end to the blood- FRANK R. WOLF, sia’s nascent democracy. However, it is my shed and in providing humanitarian assist- Member of Congress. firm belief that rejecting dialogue with the ance. I have been in close touch with Presi- Russian leadership to protest actions with dent Yeltsin and am certain he understands HOUSE OF REPRESENTATIVES, which we disagree would minimize our these concerns. Washington, DC, February 21, 1996. chances of effecting a positive outcome, and The events in Chechnya are a reminder Hon. WILLIAM J. CLINTON, would deal a serious blow to the forces of re- that the processes of reform and democra- The PRESIDENT, form that find themselves increasingly chal- tization underway in Russia—and through- The White House, lenged in Russia today. Washington, DC. I continue to view the maintenance of good out the former Soviet Union—will encounter relations with a stable, reforming Russia to setbacks. While no one can predict the final DEAR MR. PRESIDENT: As you know, I trav- be among my highest priorities as President. outcome, it is far too early to write off re- eled to Chechnya in May of last year to view I genuinely value your perspectives on this form in Russia. Indeed, our policy seeks to the ravages of war in that part of the world. question and thank you again for taking the maximize the chance that reform will be sus- I have enclosed a copy of my trip report. time to share them with me and with my ad- tained and will succeed. It is important dur- It has been frustrating to see this conflict visors. ing these periods of uncertainty to recall the drag on for over a year and the fighting and Sincerely, profound stake the United States has in pro- hostage-taking flare up again in recent BILL CLINTON. moting Russia’s further progress on the path weeks. The Russians seem to be getting more to reform. militaristic, but I understand that President Our assistance to Russia serves important THE WHITE HOUSE, Yeltsin recently acknowledged the impor- Washington, March 16, 1996. U.S. interests: building democratic institu- tance of dealing with the conflict before the tions, contributing to the safe dismantle- Representative FRANK WOLF, elections. The U.S. should strongly support House of Representatives, ment of the former Soviet nuclear arsenal, President Yeltsin in any of his efforts to Washington, DC. encouraging privatization and private enter- bring peaceful resolution to the conflict and, DEAR REPRESENTATIVE WOLF: Thank you prise and vastly broadening the access of the if necessary, serve as the catalyst for peace for your letter on Chechnya. I know you Russian people to Western ideas and meth- in the region. Perhaps the U.S. could help have followed this issue closely, and I fully ods. I hope I can count on your leadership in bring the sides together or serve as a medi- share your frustration at watching this con- the new Congress to continue bipartisan sup- ator. flict drag on; it is a tragedy for both the port of the important interests. The U.S. should use every opportunity to Chechens and Russians alike. Sincerely, strongly encourage the Russian government We have consistently encouraged the Rus- BILL CLINTON. to end this conflict peacefully. It’s in the sian government to end the cycle of violence best interest of Russia, and ultimately, the and seek a peaceful solution to the conflict, HOUSE OF REPRESENTATIVES, best interest of the United States. including in my own conversations with Washington, DC, April 4, 1996. Sincerely, Hon. WARREN CHRISTOPHER, President Yeltsin. President Yeltsin has said FRANK R. WOLF, that he needs to end the conflict, and we Secretary of State, Member of Congress. have followed with interest reports that Washington, DC. Moscow is developing a new peace plan. We DEAR MR. SECRETARY: I am writing to HOUSE OF REPRESENTATIVES, will certainly do what we can to support again raise the tragic situation in Chechnya. Washington, DC, May 15, 1996. such an effort. Some 40,000 civilians are dead, hundreds of Hon. ANTHONY LAKE, Sincerely, thousands are homeless and, yet, this was National Security Advisor, National Security BILL CLINTON. not even a topic of discussion during your re- cent visit to Moscow. Why should the United Council, The White House, Washington, DC. THE WHITE HOUSE, States step in? Each time a high-level U.S. Washington, July 5, 1995. delegation has visited Moscow, President DEAR TONY: I received the President’s most recent letter outlining some actions he has Representative FRANK WOLF, Yeltsin, seemingly in an attempt to put this House of Representatives, issue aside, steps up the intensity of the taken to resolve the crisis in Chechnya. Washington, DC. military action and more Chechen civilians I wanted to share a copy of a Special Order DEAR REPRESENTATIVE WOLF: Thank you get pummeled. I gave on the House floor last week. We are for your recent letter regarding the report of President Yeltsin now seems to be making really not doing enough over there. I think the House Subcommittee on Foreign Oper- efforts to establish peace. He has called a more could and should be done. ations Appropriations suggesting that U.S. cease-fire and the fighting has died down Best wishes. assistance to Chechnya be channeled somewhat. We all hope his efforts are sin- Sincerely, through the OSCE and non-governmental or- cere, lasting and fruitful. But like a family FRANK R. WOLF, ganizations. trying to work out solutions to irreconcil- Member of Congress. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7515

HOUSE OF REPRESENTATIVES, bringing to an end the killing and destruc- Casualties were reported among Chechen Washington, DC, February 21, 1996. tion that have rained down upon the civilians and Russian soldiers. The Interfax Hon. WILLIAM J. CLINTON, Chechen people for the past several years. news agency said 15 to 30 civilians were The PRESIDENT, Please read David Hoffman’s report for The killed in the assault on Gekhi; the Russian The White House, Washington, DC. Washington Post talking about the new di- military said 20 were killed. Hundreds of vil- DEAR MR. PRESIDENT: As you know, I trav- rection and the new intensity this 19 month lagers fled the assault on foot. Russia lost eled to Chechnya in May of last year to view war is taking following Russian President eight servicemen, news agencies said, and the ravages of war in that part of the world. Boris Yeltsin’s re-election victory. It is television reports said another 20 had been I have enclosed a copy of my trip report. printed on the reverse. captured by the rebels. There were no re- It has been frustrating to see this conflict With leadership struggles behind them, ports on rebel casualties. drag on for over a year and the fighting and there is little reason for the Russian govern- Interfax quoted a Russian military spokes- hostage-taking flare up again in recent ment to pursue a lasting cease fire or even a man, Maj. Igor Melnikov, as saying that weeks. The Russians seem to be getting more peaceful end to the conflict. Rather, many Russian commanders have ordered the cap- militaristic, but I understand that President would now predict an intensified effort to ture of Yandarbiyev, but the report was later Yeltsin recently acknowledge the impor- pound the Chechens into the ground and into denied. Melnikov said the strikes were in re- tance of dealing with the conflict before the total submission. sponse to the rebels’ ignoring an ultimatum elections. The U.S. should strongly support It didn’t have to be this way. Our govern- by the Russian commander, Gen. Vyacheslav President Yeltsin in any of his efforts to ment has mostly sat on its diplomatic hands Tikhomirov, who threatened to wipe them bring peaceful resolution to the conflict and, as this conflict has raged. At the outset, out if they failed to release all soldiers held if necessary, serve as the catalyst for peace statements by our officials likening this captive by Tuesday night. in the region. Perhaps the U.S. could help clash to our own civil war and setting forth The cease-fire agreement included a dead- bring the sides together or serve as a medi- a ‘‘hands off’’ policy were ill advised, pro- line for Russia to remove its checkpoints in ator. vided Russian hard-liners with more back- Chechnya and for an exchange of prisoners. The U.S. should use every opportunity to bone and destroyed the hopes of Chechens. Each side has accused the other of failing to strongly encourage the Russian government Each time the President, Secretary of honor its commitment, and they have been to end this conflict peacefully. It’s in the State or other high official scheduled a in a war of words since late June. The Orga- best interest of Russia, and ultimately, the meeting with President Yeltsin or his leader- nization for Security and Cooperation in Eu- best interest of the United States. ship, the Russian military would renew the rope (OSCE), which brokered the peace talks, Sincerely, fighting in hopes of ending the war before issued a statement in Grozny today warning FRANK R. WOLF, the issue could be raised between our govern- that fighting could spread. Member of Congress. ments thereby having the unintended effect According to Interfax, the OSCE statement of killing more people and ratchetting up the said that despite the ceasefire agreements, HOUSE OF REPRESENTATIVES, pain and suffering of everyone in that ter- the ‘‘political settlement in Chechnya has Washington, DC, January 26, 1995. rible place. They were never successful in practically been suspended.’’ However, the Hon. WILLAIM J. CLINTON, ending the war but levels of killing, destruc- organization’s chief representative in The PRESIDENT, tion, pain and hatred soared. Chechnya, Tim Guldimann, said a new meet- The White House, Washington, DC. We could have . . . we should have pressed ing between Chechen and Russian nego- DEAR MR. PRESIDENT: The brutal conflict Boris Yeltsin and his government to restore tiators is still possible. in Chechnya is now in its second month. peace to Chechnya. We should have encour- The cease-fire was an important factor in Gruesome images of the fighting emerge day aged him to negotiate a resolution and of- Russian President Boris Yeltsin’s victory, after day. Thousands of Chechnyans have fered to provide a high level person, experi- since it pointed toward an end to the 19- died in the fighting, including many inno- enced and wise in diplomacy and inter- month-old war, which has claimed at least cent women and children. national affairs, to help the sides find a set- 30,000 lives, most of them civilians. The swift While the U.S. position has been that this tlement and end the horrors of war. But we degeneration of the truce into another armed is an ‘‘internal Russian affair,’’ the Amer- did not. And the hour grows late. confrontation raised hackles in the lower ican people certainly have an interest in Now the killing and destruction have re- house of parliament, the State Duma, which bringing an end to the fighting. Besides the sumed. And President Yeltsin does not feel voted today to ask Prime Minister Viktor obvious human tragedy occurring as men, pressed to end it. If nothing is done, more Chernomyrdin to explain the surge in fight- women and children continue to die, Russia will die. But we have one more last chance. ing. is a major recipient of U.S. foreign aid. This Vice President Gore soon leaves for high Sergei Yushenkov, a member of the war is causing many in the Congress to con- level meetings in Moscow. He can speak out Duma’s defense committee, called on sider whether Russia is deserving of such aid against the continuation of this senseless Chernomyrdin, who is head of a special gov- and whether the entire U.S.-Russian rela- slaughter. He can label these acts for what ernment commission on Chechnya, to ex- tionship should be re-examined, particularly they are: genocide. He can offer to help bring plain why the government was making im- our close ties to President Yeltsin. Continu- about a negotiated peace; provide a top level proper use of the army to punish the rebels. ation of this conflict will have major impli- negotiator to help both sides search for com- ‘‘I have to think it over,’’ Chernomyrdin cations for the future of the Yeltsin govern- mon ground. said of the Duma’s request. Chernomyrdin ment, the Russian economy and Russia’s al- Congress should expect the administration told reporters while touring an art exhibit in ready fragile relationship with its neighbors. to stand firm on ending this havoc. Please Moscow that the situation is ‘‘under con- I believe our government should use its dip- encourage President Clinton and Vice Presi- trol’’ and that ‘‘there will be no war in lomatic leverage now to help bring peace to dent Gore to put America on the just side of Chechnya.’’ Chernomyrdin said the Russian the region. this matter. Thank you. offensive was a response to ‘‘insolent’’ rebel I am writing to propose that you appoint Sincerely, commanders. Alexander Lebed, Yeltsin’s new security former President George Bush, or possibly FRANK R. WOLF, chief and a longtime critic of the war, former Secretary of State James Baker, as Member of Congress. blamed the rebels for the latest surge in special emissary for this purpose: to go to fighting. Interfax quoted him as saying the Moscow, meet with President Yeltsin and [From the Washington Post] responsibility is that of ‘‘Yandarbiyev and other Russian leaders, and present your RUSSIA POUNDS CHECHENS AS ELECTION TRUCE other leaders of armed gangs.’’ Lebed is ex- viewpoint on the importance of quickly end- UNRAVELS pected to visit Chechnya but said he would ing the Chechnyan conflict. I believe Presi- (By David Hoffman) not do so until next week at the earliest. dent Bush could be very helpful in ending the MOSCOW, July 10.—Russia’s pre-election Meanwhile, Yeltsin delivered a nationally fighting and stopping the killing. truce with Chechen separatists continued to televised speech from the Kremlin today Mr. President, I hope you will give careful unravel today as Russian helicopter gunships after being certified as the official winner of consideration to this proposal and move and ground troops pounded two Chechen vil- the presidential contest. His inauguration quickly in sending an emissary to Russia. lages in the heaviest fighting since cease-fire has been set for Aug. 9 in the Kremlin’s Ca- Thank you. agreements were reached on May 28 and June thedral Square. Sincerely, 10. Although his aides have predicted an im- FRANK R. WOLF, The strikes came against rebel positions in minent government shakeup, Yeltsin’s ad- Member of Congress. the villages of Gekhi, 20 miles southwest of dress offered few clues to his second-term the capital, Grozny, and Mahkety, 22 miles plans. He said ‘‘the reform course will con- CHECHNYA—TERROR IN PROGRESS south of Grozny. The Chechen rebel leader, tinue,’’ but he also said economic policy ‘‘re- HOUSE OF REPRESENTATIVES, Zelimkhan Yandarbiyev, reportedly has a quires serious correctives.’’ Washington, DC, July 12, 1996. headquarters in Mahkety, and several hun- He added, ‘‘The main thing now is to im- DEAR COLLEAGUE: There is a country song dred of his fighters are in Gekhi, which was part a second wind to [industrial] produc- in which the singer pleads for one more last attacked Tuesday and today. Russian troops tion, to place orders with the enterprises and chance. Perhaps that is where civilized and were reported pulling back from Gekhi to- to give jobs to people,’’ He also promised compassionate people are with regard to night. ‘‘full and timely payment of everything the H7516 CONGRESSIONAL RECORD — HOUSE July 12, 1996 people have earned,’’ a reference to months- ment to the Constitution requiring a how out of touch they are with average overdue wages and pensions. balanced budget. And yet the AFL–CIO working Americans, the very people Yeltsin has not appeared in public since he bosses in Washington are opposed to a that they purport to represent. became ill before the July 3 runoff election, Let me cite some basic statistical in- but he spoke confidently and without any balanced budget amendment to the outward sign of illness. Constitution. It is funny, I had union formation at the beginning of my re- In a separate address to ethnic Russians in reps from Cleveland in my office yes- marks. I think we know that the labor former Soviet republics that are now inde- terday. They were talking about the bosses here in Washington are opposed pendent, Yeltsin vowed to provide ‘‘perma- union bylaws. And one of the fellows to fundamental reforms, the most sig- nent care and support from your homeland.’’ said very clearly that the bylaws pro- nificant changes that we have been try- f hibit the union from spending more ing to make back here in Washington UNION MEMBERS DUES USED FOR than it takes in. That is a perfectly over the last year and a half, since the POLITICAL PURPOSES reasonable policy which is obviously Republican Party became the majority practiced by American families as well. party in both the House of Representa- The SPEAKER pro tempore. Under a tive and in the Senate. previous order of the House, the gen- Yet his leadership in Washington op- poses a balanced budget amendment to These labor bosses, again, I am not tleman from Ohio [Mr. HOKE] is recog- talking about rank and file working nized for 5 minutes. the Constitution, clearly in contraven- tion of what the rank and file members men and women, but the labor bosses Mr. HOKE. Madam Speaker, I think back here in Washington who have be- it is interesting with respect to my want as well. Mr. Speaker, I will give another ex- come the core constituency of the na- good friend and colleague who just tional Democratic Party and almost spoke that in addressing the question ample. The AFL–CIO bosses in Wash- ington are opposed to a balanced budg- the campaign arm of the national as to why when the Members of his Democratic Party. These labor bosses party controlled the House, the Senate et amendment to the Constitution, clearly in contravention of what the here in Washington are opposed to cut- and the White House during the 103d ting spending to balance the Federal Congress, which was 2 years ago, they rank and file members want as well. Mr. Speaker, I will give another ex- budget. We all know that we need to did not, if this was such an important put our fiscal house in order. We all initiative, undertake to in fact raise ample. The AFL–CIO bosses in Wash- ington are opposed to a $500 per child know that we need to balance the Fed- the minimum wage at that time. He eral budget to really preserve the fu- just dismisses it very quickly and tax credit, and that would fall pri- marily to the benefit of working fami- ture of our kids and our grandkids and briefly by saying: Well, I am not inter- to give them a future with more hope ested in the past; I am only interested lies, union families. And yet they are opposed to that $500 per child tax cred- and opportunity than we have enjoyed. in now. I think that is unfortunate and I think it is important to remember it although in polling the AFL-CIO predictable. the legacy that we do not inherit the members, the rank and file members I want to address my comments world from our parents. We borrow it are clearly in favor of it. today to the very hard-working rank from our children. We are obligated to So here we have got a very similar and file union members of America create a more promising future for our situation to what is happening right whose dues are being used for political children and future generations. Yet now in a larger sense in America. That purposes and activities that they are those labor bosses are opposed to cut- is that what we are trying to do with probably both not aware of an almost ting Federal spending to balance the this Congress is send power out of undoubtedly do not agree with. Those Federal budget, something that would, Washington and back to local commu- are dues that should be put to work for by virtue of simply bringing Federal those Members in the negotiation of nities, because the problem that we revenues and expenditures into line, labor contracts, in getting better work- have got is this massive centralization, lower interest rates in this country and ing conditions, in getting higher wages, bureaucratic centralization of power in produce long-term economic benefits in getting better benefits packages and Washington. for every single American family and vacation plans. But they are in fact So one of the primary efforts besides business. being used to further the political reducing the size and scope of govern- agenda of their labor bosses who are lo- ment as well as reducing the tax bur- b 1515 cated not, for example, in Cleveland, den on the American people of this Now, why are they opposed to cutting OH, which I have the privilege of rep- Congress has been to get more deci- spending to balance the Federal budg- resenting, but in Washington, DC. sionmaking back to the local commu- et? Well, because the only sector, the What is happening is that through a nities and the conviction that you are only segment, of the union activity mandatory payroll deduction scheme, going to get better decisionmaking that has been growing in recent years union members dues are being used to process about government. is Government employees. In fact, fund a defamatory and demagogic at- The same needs to be done with re- union membership in the public sector tack on Members who have one fun- spect to the unions as well. We need to has been increasing while union mem- damental problem as far as the unions get that power, the unions need to take bership in the private sector has been are concerned. That is, as far as the that power out of Washington and back declining over the last several years. Washington-based union bosses are to their locals. So they are opposed to cutting Federal concerned, and that is that there is an f spending to balance the budget because R next to their name. In other words, that means that we may have to elimi- what this is really about is partisan UNIONS AND POLITICAL ACTIVITY nate a certain number of positions, politics. It is not about principles and The SPEAKER pro tempore. Under a governmental employee positions, as the principles which different people previous order of the House, the gen- we go about the process of consolidat- believe in. tleman from California [Mr. RIGGS] is ing and streamlining the Federal Gov- Mr. Speaker, let me give an example. recognized for 5 minutes. ernment and eliminating those agen- There was a poll that was taken of over Mr. RIGGS. Madam Speaker, I want- cies which are duplicative in nature or 1,000 union members about 6 or 8 weeks ed to follow up on the gentleman from which duplicate a function better per- ago. One of the questions that was Ohio’s comments. I think he makes a formed or currently performed by asked was, do you believe that the very, very important point regarding State or local government. budget of the United States should be the unbelievably misleading tactics These labor bosses are also opposed balanced and that we should have an that are being used by the big labor to welfare reform. They are opposed to amendment to the Constitution requir- bosses back here in Washington, DC, in tax cuts for families with children. But ing a balanced budget? About 80 per- what I think is a desperate and trans- what makes their opposition so, I cent of the union members responded parent attempt to help the Democratic think, significant is that they are op- positively that we should. That is not minority in the Congress regain con- posing the very changes that their own surprising. trol of this institution. I think it is members want. About 80 percent of all Americans be- very telling and very significant be- A recent poll of union members in lieve that we ought to have an amend- cause it is a clear indication of just America indicated that 82 percent of July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7517 union members support a balanced would reflect on the positives about ceremony, unprecedented, where a budget, 87 percent support welfare re- the United States over this weekend, naval ship, a big naval ship, 956 feet of form, and 78 percent support tax cuts but spend a little time thinking about naval cargo ship, was being named for families with children, and those this amazing vote that we just had, our after an army sergeant. The first one percentages are higher than the gen- last vote today, on the 12th of July, de- took place in San Diego where the U.S. eral public. feating a phony recommit bill with in- Naval Ship Randall Sugart was named, So union members on average sup- structions to study homosexual, quote, with his mother and father and his wife port the fundamental reforms we have marriage, unquote, when that study is presiding, and that was on May 13—ex- been trying to enact back here in going ahead anyway. So 30 Repub- cuse me, Jefferson’s birthday, April Washington over the last year at a licans, kind of threw—well 29 threw a 13—and then on July 4, the second com- greater percentage than the rest of the vote in this direction and joined Mr. missioning of the U.S. Naval Ship Gary American public. GUNDERSON so that they will be able to Ivan Gordon. Both of these army ser- So why are the labor bosses attack- have begging rights not to have Act Up geants won the Medal of Honor, fulfill- ing incumbent Republicans? Why have and other radical homosexual groups ing to the letter of the scripture St. they targeted incumbent Republicans try and wreck their town hall meetings John 15:13, greater love than this no for defeat as part of a concerted effort with rude demonstrations, and the one has that he give his life for his by the National Democratic Party to Democratic vote did not shift that friends. A biblical translation: that regain control of the House and Sen- much, 133 for the phony recommit and they lay down their life for another. ate? Well, it is very simple. They have 118 to back up—or, excuse me, only 65— They begged to have their helicopter a vested interest here. They do not let me back up; 53 voted against Demo- crew get the authority to put them want to see government downsized be- crats, that phony motion to recommit, down at the crash site of CWO Michael cause that would mean the waning or and that jumped up to 65 going the Durant that ended up saving his life the loss of power and influence for other way and saying that they will go and giving up their own lives. On the those very same labor union bosses. out on a limb for homosexual marriage. night of October 3 the film was so bru- So I think it is very important for The final vote is, in this Chamber, 118 tal, a videotape on CNN, that they the average American working men Democrats in spite of the 2-day debate stopped running it by midnight because and women to realize that we are doing going with Clinton, that they are not of people crying and calling in. The our utter best back here in Washington going to sign off on homosexuals get- film, the videotape, was so brutal. to protect their interests and to create ting married civilly, although a few These two Medal of Honor winners, the a better future for America’s families renegade Christian denominations that copilot and I got to meet his widow, because we are not working for the are splitting in pieces will go ahead Willie Frank, down there at Newport labor bosses, we are working for those and go through a mock marriage cere- News at the commissioning of the Gary American families, for those working mony, but 118 Democrats joined Clin- Gordon, the two door gunners, Tommy men and women, and they are the peo- ton and say no way. The one Independ- Fields and William David Cleveland. ple who are the bosses. ent from Vermont, 65 Democrats and We saw their bodies being hacked apart So with that, Madam Speaker, I ap- only one Republican, Mr. GUNDERSON, by the crowds, desecrated, dragged preciate the opportunity to stress that that is 67 people today and 2 voting through the streets, objects stuck in point and follow up on the comments present, approve of homosexual mar- their gaping dead mouths. It was a made by the gentleman from Ohio [Mr. riage. There were 23 not voting; that is pretty rough scene, the roughest Amer- HOKE]. not unusual for a get-away Friday, al- icans have seen since Vietnam, Korea, f though I noticed in the Democratic list World War II, and now we have these 2 beautiful days, Jefferson’s birthday U.S.S. ‘‘GARY GORDON’’ here at least 3 Democrats that were participating in the debate right up and fourth of July, when as long as The SPEAKER pro tempore. Under through recommit and the final pas- these ships are at sea and they have in- the Speaker’s announced policy of May sage vote, which was only a 5-minute vited the families, the skippers of the 12, 1995, the gentleman from California vote followed immediately thereafter, two ships, they will be crewed by civil- [Mr. DORNAN] is recognized for 60 min- and they ditched, I will give them the ians, to come on board at any time. utes as the designee of the majority benefit of the doubt, jump in a car and I saw them invite Gary Gordon’s two leader. speed off to National Airport or Dulles beautiful children, 8-year-old Ian and 5- Mr. DORNAN. Well, Madam Speaker, to get out of town. But it looks very year-old Brittany, to come on board I guess it is clear for the whole world suspicious. any time to see this massive ship sit- to see there will not be an hour special So there is the vote: 23 absent, 2 ting next to our newest supercarrier, order by the Member from Massachu- present, 67 with only one Republican, the U.S.S. Stennis, named after a U.S. setts followed by my special order. Mr. the sole Independent who usually votes Senator who was alive when the ship FRANK told me earlier in the week that in caucuses on the other side of the was commissioned, got to see a ship he was going to critique my point of aisle, and 65 Democrats saying homo- with his name on it when he is alive, personal privilege from this well on sexual marriage is OK. On our side 224 the biggest moving object on the plan- June 27, and I said, ‘‘Well good I’ll be Republicans out of 225 voting, and 118 et Earth. there to critique your hour with my Democrats, for a total of 342, say no These two big ships sat there, the hour,’’ because I said I would keep fo- way to homosexual marriage. Stennis and the Gary Gordon, and Gold- cused on the truth and I was not going So, it looks like my opening remarks en Knight or Special Forces paratroop- to let go of this crude attempt which in the well June 27, when, as I recall, I ers came in, one from each service with we saw again last night late and on the said: American flags flying off their para- floor this morning and early afternoon Mr. Speaker, I now move out into the chute gear, and landed. There was a to brand anybody who thinks there is evil mind fields of political correctness small parade of World War II vehicles something wrong with homosexual be- alone, but I pray and hope not alone on that went up the ramp onto the Gary havior as a bigot, as a hater, and, as this uncomfortable issue of homo- Gordon, which will be a prepositioned Mr. CANADY of Florida pointed out, sexuality. Well, it looks like I am not ship with enough armored vehicles, they added about 15 more sleazy words alone. Fifteen days later, on the 12th of backup vehicles, Humvees, trucks, that we could have spent all day long July, 1996, 342 souls have joined me tankers, supplies, ammunition to sup- taking peoples’ words down to contest. with varying degrees of commitment to port a third of the division. I would like to tell any people that principle and Judeo-Christian ethics. A full Army brigade will be ready to came to visit us in the gallery today, Now to that positive note: On July 4, go at sea anywhere in the world to pro- through the Chair, that I will return to I had the honor of being invited by the tect Americans or American interests, this subject after I do something very families of Americans who lost their and M. Sgt. Gary Gordon’s name; I vis- positive and upbeat to relate what I fighting men in the alleys of ited his grave last November 5 or No- was privileged to behold on the Fourth Mogadishu on October 3 and 4, 1993, not vember 4, remember as the day Rabin of July, and I would hope that people quite 3 years ago. It was the second was assassinated, and I stood at his H7518 CONGRESSIONAL RECORD — HOUSE July 12, 1996 grave with my son, Mark, and told Maine, unloading his truck, probably about his new life in the Army arrived Mark, beneath us are the remains torn so proudly talking about how he was regularly. apart of this handsome, tough, dedi- looking forward to going to Virginia to ‘‘On the day I turned 16, I sat in my cated 33-year-old Army Delta Force watch his daughter-in-law christen the grandparents’ living room and watched sergeant, and I said, ‘‘And like Jesus at Gary Gordon. as his motorcycle pulled into the drive- 33, he was torn apart giving his life for I looked up at the ship. I told this to way, my palms sweaty on my freshly the literal life of Michael Durant and Carmen later. I told her it was prob- ironed dress.’’ others.’’ ably the Irish in me, but I looked up at You will recall when I read her beau- Well, he has a wife about as beautiful the ship, its massive side, and at the tiful letter to the editor of Newsweek as they come, reminded me of my own railing, and I pictured Gary and his magazine, she mentioned another vehi- beautiful wife when she was a young dad, with his armor, on it, the two of cle of Gary’s, how he was so proud of Air Force wife, and I punched out of them looking down at Carmen so his red pickup down at Fort Bragg, two jets, and she wondered if she was proudly, watching her deliver these where the Delta Force is going to have a father for our five stirring words. headquartered; and when he would young kids. Carmen says, ‘‘My daughter Brittany come home after a hard day of training But Carmen had such dignity. Before speaks of the photograph.’’ Then she he would pull into the driveway, and he she broke the champagne bottle on this says, ‘‘These treasures are a comfort to and Ian, then 5, and Brittany, then 3, almost-thousand-foot ship named after my children and a source of pride, but would run out to hug their handsome her Gary, she said these words, and if more important, Gary’s children can daddy. she got through it, I get through it. see and feel these reminders of their fa- Here he is on a motorcycle in Car- July 4, Newport News, shipbuilding ther to keep him close. In much the men’s driveway. ‘‘A few hours of talk, a Newport News, Va, the naming cere- same way, the ship that we christen quick first kiss in the rec room, and mony for U.S. Naval Ship Gordon, T–A– here today, the USNS Gordon, gives us Gary left to go back to his base many K–R, 296; that is its formal number. faith that Gary’s spirit will go forward, miles away. So began our slow dance of For you Navy buffs out there I found his ideals and his beliefs honored by love, one that would give us so much in out what it means. Nobody knew. It those who know of him, and the life he so short a time. We had five summers took me all day. T means crewed by ci- so willingly gave.’’ and winters together, the births of a vilians, A means auxiliary, K means By the way, both the Medal of Honor son and daughter setting a rhythm to such sweet time. cargo because the C is used for cruis- winners were born in Lincoln; Lincoln, ‘‘On Sunday mornings when Ian was ers, and R means rapid response. Nebraska, a little town, the very soul of America, that is Randy Shugert’s still so small, Gary would fill a baby b 1530 birthplace; and Lincoln, Maine, where mug with watered down coffee, folding Here are Carmen’s beautiful words: Gary’s dad died a few days ago. a section of the newspaper to fit Ian’s ‘‘Thank you for that kind introduc- ‘‘The very first time I laid eyes on chubby hands, the two of them would tion, and the opportunity to be with Gary Gordon was the second month of sit together quietly, turning the pages you today. I would like to tell you my 13th summer. I was staying with and sipping from their cups.’’ I watched my wife do that with our about Gary. Just behind a small door my grandparents in rural Maine, Lin- in his bedroom closet, my son Ian has grandkids. She calls it ‘‘coffee talk.’’ coln. Every week we made a trip into ‘‘Gary’s love for Brittany was just as stored the treasures dearest to him: town for supplies. One hot afternoon, strong. Every day when he arrived The uniforms his father wore, the can- in front of Newbury’s department home from work Brittany would run to teens he drank from, the hammock he store,’’ it is still there, and I saw it, meet him, his big hands scooping her slung in so many corners of the world, madam Speaker, just in November up and rubbing her bald head where they are all there; the boots that took when I went up to look at Gary’s grave. baby hair had yet to grow. We never his dad through so many deserts, jun- By the way, there is a big monument knew when these times would be inter- gles, so many parachute jumps now at the end of the street, filled with doz- rupted by a day that brought Gary lace up around Ian’s small ankles. All ens of names, I counted them all and home with his head shaved, anticipa- these things are piled neatly together recorded it for my record, from the tion in his voice, and a timetable for by a little boy’s hands and sought out Civil War, the War Between the States; leaving.’’ during quiet times. a big memorial for World War I, my fa- By the way, Madam Speaker, we ‘‘My daughter Brittany,’’ and keep in ther’s war; an even more massive me- never hear about the Delta Force suc- mind they are both sitting in the front morial and placards in front of the lit- cesses, or how many tragedies have row, ‘‘My daughter Brittany keeps a tle veterans’ building for World War II. been averted over the years, terrorist photograph of her daddy next to her Unlike a lot of wealthy American tragedies, hostage takings that were small white bed, the big 8 by 10 of Gary cities, my hometown of Beverly Hills thwarted before they took place. All smiling straight through to her. It is has not one that I know of, certainly that must remain secret in Gary’s unit the first thing she packs whenever we not a memorial; but killed in action in Fort Bragg until some day, far in leave home, and the first thing she un- fighting for freedom for strangers in the future, 30, 40 years from now, when packs when she arrives anywhere.’’ Laos and Cambodia and Vietnam, doz- his grandchildren will probably learn of By the way, Gary Gordon’s dad, who ens of names from this tiny little town, his courage. felt very uncomfortable receiving the Lincoln, Maine. I will bet it is the same Carmen continues: ‘‘I never worried Medal of Honor from Clinton, both he in Lincoln, Nebraska, which I will visit when Gary left on a mission. As I and Randy Shugert’s father did not feel some day. There is that same Newbury cheerfully kissed him good-bye and that Clinton had done right by these store Carmen speaks of so movingly. waved confidently from my front Medal of Honor-winning sons, that he She says, ‘‘there, in front of porch, it never occurred to me to be did not understand the operation, did Newbury’s department store, I saw a afraid, because Gary was never afraid. not back them up with armor to rescue boy washing windows. You never forget My safe world was shaken in December the downed helicopters, did not back the first time that you see your first of 1989 with the invasion of Panama them up with enough wherewithal to love. I watched him as he worked, calm and the realization that my husband capture the warlord that they were and purposeful and quiet. Then he was in the middle of the fighting. pursuing; warlords. looked up at me, and I knew this was Along with other young mothers I have spoken to Gary’s father, as I no ordinary boy. This boy could win clutching infants, I sat in a darkened have spoken to Herb and Lois Shugert my heart. When he called my grand- living room and watched television many times. Gary’s dad died on the job parents for permission to take me out, news around the clock. Gary came the last day of June, 5 days before the he was turned down flat. ‘She is too back safely. One night when I told him naming ceremony for his son’s ship. He young,’ they told him. And so in the of my fears, he laid a gentle hand on died at the naming ceremony for his way that I was to find out was uniquely my cheek and said quietly, ‘Carmen, son’s ship. He died at the mill where he Gary, he set out to wait three years. don’t worry about things we can’t had worked all his life, in Lincoln, Faithful and sparsely emotional letters change.’ July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7519 ‘‘I know that death often leaves us up to manhood. He said, ‘‘But Sarah, I May 2, just a few days before the com- with the haunting question: Why? I feel as though bound by chains to those missioning of Medal of Honor winner know why Gary died. He died because who fought for our independence,’’ re- Randy Shugart’s ship in San Diego, in he was true to his own code for living, ferring to the Revolutionary War. ‘‘I that rotunda, and I bet there is not trying to help someone else. Fear cannot break faith with them and the one-fifth, one-tenth, one-twentieth of would not have kept Gary from doing lives and fortunes they gave up for our the people visiting with us in the gal- what he needed to do, what he wanted freedom. but I also feel so drawn to lery that know Billy Graham said this, to do, what he had prepared all his life you.’’ Madam Speaker, because the major to do. There is rare strength in the And I do not know if Carmen Gordon dominant liberal media culture creed he shared with his comrades: I has ever seen the exquisite letter from blocked out his words. I happened to be shall not fail those with whom I Sullivan Ballou, or how he talked watching ABC that night. A silent clip serve.’’ about ‘‘some summer day, a cool breeze of him. Did not project his words Greater love than this no man has, will touch your cheek, and oh, Sarah, across America. He said in this rotunda Carmen. Sarah, know that as I.’’ that this Nation is on the brink of self- ‘‘Gary lies buried a few miles from b 1545 destruction. The United States of where I first saw him on that sunny America, that we love, is on the brink Maine morning. It is a spare and simple I meant to have Sullivan Ballou’s let- of self-destruction. No future for Ian or place, open to the weather, bordered by ter here today and put them both in. Brittany Gordon, because of discus- woods that change with the seasons. He So what I will do is put this again in sions like this one today on sanction- is not alone now is that corner of the the RECORD next week with Sullivan ing marriage for homosexuals. Unbe- cemetery. His father, Dwayne, who Ballou’s letter next to it so young lievable. died suddenly of a heart attack last Americans like Ian and Brittany, and I hate to follow something so positive week, was laid to rest alongside his those a little older now, trying to de- with something so negative, but I had son, not far from the papermill where cide what to do with their lives, will a hard time getting time to speak this Dwayne gave so many years of hard learn that in this big, wealthy, exuber- week, Madam Speaker. There are still work. A gentle, sometimes restless ant, wonderful country of ours, there mysteries around here in both parties wind bends the flowers and stirs the are men—and now a lot of women—who that I am trying to figure out. But here flags that are always there by Gary’s put on a blue uniform, a khaki uni- is a column from a man whom God put military headstone,’’ American Legion, form, a firefighter’s rugged clothing in a wheelchair for the rest of his life Veterans of Foreign Wars, ‘‘below the and give up their lives for us, and that with a civilian accident, brilliant psy- chiseled words ‘Beloved Husband and there are people in the Transportation chiatrist, sorry he does not agree with Father,’ and the coin of his unit, the Department, called the U.S. Coast me on people serving in the military Delta Force coin, and his beret etched Guard under the Defense in wartime, with HIV, but you cannot get some- into the 39-inch beautiful alabaster they will die trying to rescue us in a body to agree on everything and I still marble. hurricane like Hurricane Bertha, work- have not written to him and made my ‘‘I hope that some gentle wind will ing her way up the coast, and that in case. But Charles Krauthammer, hand- always guide this ship to sea, and keep my beloved Air Force, my dad’s be- some, vibrant, brilliant young student, her on a safe, steady course. And when loved Army—and he did love it—our in- I think at Yale, when he jumped in a that wind strokes, the cheeks of my comparable Navy and their soldiers at swimming pool, which cost my brother children lying in their beds at night, sea, our unparalleled in the department his two front teeth and has cost a lot of and Ian and Brittany ask me to tell of esprit and faithfulness, our U.S. Ma- people the rest of their lives in a wheel- them what course the USNS Gordon is rine Corps, that there are young men— chair, a tragic accident all too com- striking under the stars, I can tell and now women—all around this world, mon. In that wheelchair, most people them, she is on the same course their from Arctic and Antarctic snows to who hear his brilliance, sitting in on father chose, headed for distant shores, still jungles, trying to feed people in Washington Week in Review and answering the call of those in need.’’ oppressive heat of God-forsaken na- guesting sometimes on Nightline and Madam Speaker, a few years ago, tions in Africa. God does not forsake other Sunday shows, unless a camera September 1992 to be exact, when I was anything. Forgive me that cliche term. shot is very clear, you do not realize explaining why America should never And the 19 young men that died in the that his chair is a metal chair for life. elect a draft-dodger to be the Com- Khobar Barracks bombing or the 19 Charles Krauthammer gave up the mander-in-Chief, I read a letter on this that died with Gary Gordon, if you in- practice of psychiatry, I guess tempo- House floor of a young college profes- clude Sgt. Matt Rearson who was hit at rarily, to be one of the better writers, sor from a sister New England State of the headquarters 3 days after Gary one of the better sages, or what we Maine, the State of Rhode Island. His died, had been flying rescue missions in sometimes say, disdainfully, pundits or name was Sullivan Ballou. He was a for hours. I met a helicopter pilot at talking heads in this country, and I major. He died just a few miles from the christening of the Gordon who flew want you to listen to this column. here, due west out toward Dulles Air- 171⁄2 hours nonstop. His wife came up to Rush Limbaugh made reference to it port, at the first Battle of Manassas, me proudly. She had seen me read the the very same night that I told my wife what the North called First Bull Run, Sullivan Ballou. I had flown a flag for that afternoon, or she told me, read or just Bull Run, then. everyone in their unit who had been this on the House floor, and unfortu- The letter was to his wife, Sarah. It killed or injured on the roof of the Cap- nately Rush Limbaugh only quoted a was so beautiful I could hardly read it itol. As a matter of fact, on July 4, line from it. I think America should through. All of America became aware 1994, and Veterans Day, November 11, hear this July 5, Washington Post col- of it with the beautiful National Insti- 1993, I flew over 200 flags for everybody umn. I think everyone should hear it. tutes of Heritage, the NIH TV series of wounded or killed in Somalia. I will Charles Krauthammer. A President the Civil War. When it was promoted probably do the same next week for the for our time. The subheadline is a on public broadcasting they would send 19 that died in Saudi Arabia. quote from the article. ‘‘A large num- to people the onionskin reprint of Interesting. Nineteen killed in ber of Americans think their President Major Sullivan Ballou’s last letter to Khobar Barracks, 19 killed under Ur- crooked and yet ethically fit for the of- his wife, Sarah, and his two young gent Fury trying to rescue Grenada, fice.’’ boys. While Carmen was delivering and 19 killed on October 3 and 4 and Oc- ‘‘When the Gallup poll of June 18–19 here beautiful christening eulogy to tober 6 in the filthy alleys of asked whether the words ‘‘honest and Sergeant Gary Gordon, I thought of Mogadishu. trustworthy’’ apply to Bill Clinton, Sullivan Ballou’s letter to his wife. So young Americans do not have to Clinton lost 49 percent to 46. Two He died at First Manassas, and that be dispirited by tragic votes like the weeks later in another national poll. was the last treasure his wife had of one that took place today, that cause a same question, Clinton was losing 54 to him. He talked about how dearly he wonderful religious man like Rev. Billy 40. And when Gallup asked whether wanted to see his two young sons rise Graham to say, in that rotunda, on Clinton had the honesty and integrity H7520 CONGRESSIONAL RECORD — HOUSE July 12, 1996 to serve as President, Clinton won 62 to polling questions: ‘‘Do you think a er, they know that that is what they 36, a landslide bigger than Lyndon woman should have her choice to her want. Johnson’s 61’’ or, I might add, Nixon’s own reproductive freedom in a free I will say it again: Smaller govern- 60, with even more people, a bigger plu- country?’’ Yeah, yeah, yeah. ment. Clinton said that standing right rality, more people voted in 1972 than Do you think a baby should be three- up there at that beautiful lectern in in 1964. quarters delivered, its entire body out front of you. ‘‘A milestone of sorts,’’ of the birth canal and scissors stuck ‘‘Balanced budgets, less welfare, Krauthammer says. into the base of its skull and its little more jails. It is no accident that no one ‘‘A quarter century after Nixon, we brain sucked out, do you think we campaigns for national office as a lib- have achieved the normalization of should have that? Clinton just signed eral.’’ Nixonian ethics. A large number of off on that. They say, ‘‘Oh no. That’s Not quite true, Charles. A lot of peo- Americans think their President up in the air.’’ ple over here, you can see it in the vote crooked and yet ethically fit for the of- The SPEAKER pro tempore (Ms. today, 65 of them and the 1 independ- fice. GREENE of Utah). The gentleman will ent. Well, the Republican is a lame ‘‘Whitewater gets worse. 49 to 42 suspend. The Chair needs to remind the duck and about 5 of the Democrats are think Clinton is not telling the truth gentleman that he must refrain from lame ducks, maybe 10. So about 50 peo- about it. 46 to 44 percent think he did referring to the President’s personal ple are willing to go home and cam- something illegal. Filegate grows. 50 to character. paign that they are a flaming liberal 36 percent think Clinton knew about it Mr. DORNAN. Well, let us see how who wants homosexuals to have full all along, something he has explicitly rough Mr. Krauthammer gets here. marriage rights. I want the Chair to be advised, I am denied. All the while Clinton rides high ‘‘Anyone who can get away with it against rule XVIII applying to the ex- in the polls with a strong 56 percent ap- campaigns as a conservative. Clinton is ecutive branch. I am against Clinton proval rating.’’ campaigning as a conservative. Clinton and GORE getting the protection and Is that not his highest ever, Madam is proving that anyone with high intel- violating the separation of powers, but Speaker? ligence—and blank blank—can get ‘‘This is no Teflon presidency. This is I will respect it because we passed it away with it.’’ Velcro. Everything sticks to this man. here. But we did now know what we Gennifer Flowers, Paula Corbin Jones, were passing on. It was not debated. ‘‘Clinton, whose major presidential Whitewater, Filegate, et cetera, et That is for the decorum of this Cham- initiatives were gays in the military’’— cetera, but it does not matter. Expec- ber or so that this House naturally in Charles, that is an adjective. Homo- tations of presidential character have combat, particularly in this current sexuals is a fine word to use, Mr. fallen so low with Clinton that the peo- conference period, do not say disparag- Krauthammer—‘‘homosexuals in the ple believe the worst about him and ing things about the U.S. Senators in military, a stimulus package of more still want him right where he is.’’ here, but I can tear the face off any Su- Federal spending, a tax increase and ‘‘Republicans are at wits’ end’’—I preme Court Justice, or Mrs. Clinton, the nationalization of health care, now admit it—‘‘with frustration that as the which I have chosen not to do, or any is running for reelection as a moderate sordidness of this administration is of the cabinet people who are running conservative.’’ progressively exposed, Clinton suffers up $150,000 on travel cards flying all ‘‘In one of the most cynical and suc- little political damage. The American around the world with huge staff and cessful acts of election year reposition- people say—and Perot’s 19 percent getting massages in exotic hotels, I can ing in recent American history, Clin- claim it is a principle, 24 percent in tear up anybody except under rule ton has moved to the right on a dozen California, claim it is a principle—they XVIII in some strange flush of generos- issues. He’s for school uniforms and want clean government, but they obvi- ity, we added those two offices. It was curfews for minors. He’s for the V–chip ously don’t mean it.’’ never respected with George Bush, cer- and for victims’ rights. He’s for the ‘‘They don’t mean it about character, tainly Nixon was savaged in this well constitutional amendment on victims’ either. And the ultimate Republican for most of his career, Barry Goldwater rights. He’s for Megan’s law, ‘to not frustration is they don’t mean it about as a U.S. Senator received some rough have sexual predators, way more than policy, either.’’ moments here. But I will try and work 50 percent of them homosexual, being Again, I tell my fellow Americans, my way through it and next year in turned loose in a neighborhood.’ ’’ you bet I am frustrated. I thought we January try and take that out. Even if ‘‘He’s against homosexual marriage. were doing what you wanted us to do my friend Bob Dole is elected Presi- Having slashed the staff of the White for a year and a half. I was not in on dent, I will try and take out that rule. House Office of Drug Abuse by 80 per- the decisions to close down the govern- The SPEAKER pro tempore. The cent’’—this is all policy, so this is OK, ment. I knew that would backfire. Be- Chair recognizes the gentleman’s dif- Madam Speaker—‘‘by 80 percent, he’s cause I come out of the media. I won ference of opinion. However, both the now talking tough on crime. Having Emmys in my mid 30s. I know more Chair and the Speaker are constrained submitted a fiscal year 1997 budget about broadcasting, radio and tele- to follow the rules of the House as they with $200 billion worth of deficits as far vision, than any member of my party have traditionally been and are cur- as the eye can see’’—that is a and probably anybody on the other rently interpreted. Clintonian quote—‘‘he’s now for a bal- side. I knew how the media would spin Mr. DORNAN. You bet we are. And I anced budget.’’ this, with Smokey the Bear camp will begin to redact this statement, be- ‘‘Most brazen of all, having twice ve- guards at Yellowstone and Yosemite, I cause I think it does get tougher. toed welfare reform bills, he’s now the predicted it, going to the little shops ‘‘On policy, with few exceptions, champion of welfare reform. Three that sell beautiful little redwood and abortion being the most notable, the days before Bob Dole was to give a sequoia curios and saying to them, country is conservative.’’ Is that not a major speech on welfare, Clinton sud- ‘‘What do you think about this?’’ given? Even Ross Perot agrees with denly announced in a Saturday radio The whole Medicare thing. I could that. address his endorsement of Wisconsin’s smell it coming, how this would be ‘‘The American people say they want radical Republican welfare plan.’’ I do spun. You bet I am a frustrated Repub- smaller government, lower taxes, bal- not think it is so radical. lican at the current polling. But I am anced budgets, less welfare, more ‘‘Clinton aides have since been hard an optimist. It is not going to last for jails.’’ at work watering down what he said to long. That is what you all want up there in co-opt Dole. No matter. That’s for page ‘‘On policy with few expectations, the gallery. We know that, Madam 38, probably the B section. The Satur- abortion being the most notable.’’ This Speaker. Anybody who visits in the day speech of Clinton’s was page 1. Of is one where I disagree with Mr. gallery. Let me phrase that correctly. I course everyone knows that Clinton, Krauthammer. He looks at the wrong am not allowed to refer to you directly under the guidance of Dick Morris, is polling. He is too smart, he should real- in the gallery. Anybody who comes and merely positioning. But that doesn’t ize dirty-in/dirty-out. You ask phony joins us in the gallery, Madam Speak- matter.’’ July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7521 b 1600 are still coming in, that I want to put issue of Chronicles Magazine, under the title The polls show that with these delib- in next week. ‘‘Sex, Drugs, & A Republican Party.’’ It will One from Marc Morano of Electronic be available June 15 at newsstands or people erate rhetorical moves to the center, can call 800–877–5459 for a copy. Clinton has risen significantly in the News Gathering, the reporter thanking me for doing the expose on Jefferson’s In my reply to Rep. Gunderson, I left out polls, 13 points on the question of one point. Rep. Gunderson alleged the secu- whether he reflects the values of the birthday, interestingly, the same day rity guards were stationed in the bathroom American people. Reflect he does, like we were commissioning one of those throughout the night. While it is true that a mirror. big ships for Medal of Honor winner the guards checked the bathrooms periodi- Now remember, these are Randy Shugart, 2,000 wild partying ho- cally, they were not permanently stationed Krauthammer’s words. They are kind mosexuals, hundreds of them almost in there until the lights kept repeatedly of cynical. I do not know if I go along naked down here in our biggest, most going out. beautiful taxpayer-owned and operated I also want to point out that I made my with this, but he sure made me think. whole account of the ‘‘Cherry Jubilee’’ avail- He says, ‘‘He reflects you like a mirror. auditorium, the Andrew Mellon Audi- torium, directly across the street from able to every major news outlet immediately The Republicans are confounded,’’ yes. following dance in April. I faxed CBS News, ‘‘They were elected in 1994 on a de- the actual star-spangled banner. The 30 ABC News, UPI, Washington Post, Wall tailed conservative agenda that they by 40 foot flag that flew up at Fort Street Journal, USA Today and many others, then tried to enact an era of sincerity McHenry up at Baltimore is on the but not one outlet even looked into it. If it and zeal for which they have been ever north wall of the National Museum of weren’t for your efforts, Armstrong Wil- paying in the polls.’’ American History, and directly across liams, and the talk radio medium, this whole Liberal networks taking these polls. the street is this homosexual Cherry story would have faded away. Dirty in, dirty out. Jubilee. Unbelievable. He says I want Once again, thank you for your crusade on to thank you for being the only Mem- this issue. May God bless you! Krauthammer continues, ‘‘Clinton’s Sincerely, ber of Congress with the courage to political genius,’’ that is a com- MARC P. MORANO. pliment, ‘‘is discerning and then be- come forward. coming whatever the American people No, no, no, I am not the only one STATEMENT BY JAMES C. DOBSON, PH.D., want him to.’’ now, Mr. Morano. Marc Morano says FOUNDER AND PRESIDENT, FOCUS ON THE ‘‘They want tough welfare reform, America needs new BOB DORNANS. Well, FAMILY but they do not want to hurt anyone. at least on the vote today there is 342 We feel strongly that as Christians, we are They want to abolish racial pref- of us, including, that is, 118 Democrats. mandated to love and care for people from erences, but they want to save affirma- I am not alone on this any longer. all walks of life, even those with whom we tive action. They want to balance the This marriage thing was a defining disagree or whose lifestyles we believe to be budget but will crucify the politician moment, as my pal CLIFF STEARNS immoral. Thus, Focus on the Family has no who tampers with Medicare,’’ which is from Florida called it today. He said interest in promoting ‘‘hatred’’ toward ho- busting the budget. my full uncensored report of the Cher- mosexuals or any other group of our fellow ry Jubilee weekend will appear, I did human beings. We have not supported, and In other words, Americans are not se- will never support, legislation aimed at de- rious and neither is Clinton. On every not know this, in the July 1996 issue of priving gays and lesbians of their constitu- great issue they say yes and no, Clin- Chronicles Magazine, Madam Speaker, tional rights—rights they share with every ton, the man that smoked but did not a solid mainstream Christian magazine citizen. More than that, we want to reach inhale, lives and breathes, yes and no. under the title ‘‘Sex, Drugs and the Re- out to homosexuals whenever and wherever He talks right and governs when he can publican Party.’’ Uh-oh. It will be we can. to the left. He talks tough and governs available mid-month at newsstands or However, we do strongly disagree with the soft. He is, in short, the perfect Presi- people can call their 800-number. efforts of homosexual activists to redefine marriage and the family, qualify for adop- dent for our time, and if he cuts a few In my reply to Representative GUN- tion, and promote homosexual practices in DERSON I left out one point, and I did blank-blank ethical corners, so what? the schools. We also oppose any attempts to Well, Madam Speaker, how much put Mr. Morano’s reply in, I hope. Mr. equate a sexual lifestyle with immutable time do I have left on this rainy hurri- GUNDERSON alleged that the security characteristics such as race in determining cane Bertha Friday afternoon? guards were stationed in the bathroom who is deserving of special legal protection. The SPEAKER pro tempore. The gen- throughout the night. While it is true We see no evidence that homosexuals as a tleman has 15 minutes remaining. that guards periodically checked the class are oppressed and powerless today. Ac- Mr. DORNAN. First I would like to bathrooms, they were not there until cording to recent surveys, the average homo- put in the RECORD as a follow-up to my the lights kept repeatedly going out. sexual earns $55,430 per year, compared to June 27 point of personal privilege let- Just made a correction. $32,144 for heterosexuals. Homosexuals are ters from conservative groups across not only well-paid, but also highly educated: I want to point out that I made my 59 percent of homosexuals hold college de- this country. I have been around long whole account of the Cherry Jubilee enough that they are all close friends. grees, compared to just 18 percent among all available to every major news outlet Americans. If discrimination exists, it cer- The incomparable, steady as she goes, immediately following the so-called tainly doesn’t appear to operate in education Dr. James C. Dobson, founder and dance in April. I faxed CBS news, ABC or employment. president of Focus on the Family, on news, UPI, the Washington Post, USA And when it comes to political clout, how the homosexual battle in our country. Today and many others, but no one can homosexuals claim to be underrep- I am not alone any longer, Madam even looked into it. If it were not for resented? Virtually every political and cul- tural objective of the gay and lesbian com- Speaker, for my long-time friend of 20 your efforts, courageous Armstrong years, Phyllis Schlafly, speaking for munity is being achieved today. Federal Williams’ efforts and talk show hosts funding for AIDS research and treatment is her great Eagle Forum, and she is also and all the media, that is Rush and all the director of a coalition group to only one example: The Department of Health the rest, this story would have faded and Human Services allocates 37 times more keep our pro-life values in the Repub- away. Thank you for your efforts on dollars per AIDS death than it does per lican platform, she sends a beautiful this issue. Thank you. God bless you. heart-disease death. This is true despite the letter. Put that in the RECORD, too. fact that heart disease kills more Americans Beverly LaHaye, great husband Tim ELECTRONIC NEWS GATHERING, than cancer, tuberculosis, strokes, diabetes LaHaye, good friend of mine. Beverly McLean, VA, June 11, 1996. and AIDS combined. LaHaye for the largest woman’s orga- Memorandum for Congressman Robert K. Even more illustrative, homosexual activ- nization in America, Concerned Women Dornan. ists have distorted public-health law so that for America, sends a letter of support. From: Marc Morano. a woman who’s been raped is not permitted The conscience on Capitol Hill from a I want to personally thank you for being to know the HIV status of the man who small building over in the northeast by the only member of Congress with the cour- raped her. My point is that the homosexual commu- Union Station. What a fighter, what a age to come forth on the ‘‘Cherry Jubilee’’ events. America needs more Bob Dornans! nity is hardly a disadvantaged, powerless mi- brave heart he has, Paul M. Weyrich. Thank you for your eloquent defense of me nority in need of special rights. Instead, it is He sends me a letter. and my reporting of the event. rapidly becoming a privileged class that bit- All five of these letters I want to put My full, uncensored report of the ‘‘Cherry terly attacks those who dare criticize its po- in, as there are about 10 more, and they Jubilee’’ weekend will appear in the July 96 litical objectives. Our opposition to that H7522 CONGRESSIONAL RECORD — HOUSE July 12, 1996 community’s political agenda is not an ex- Ignoring what America wants, homosexual world, are there. The boots that took his dad pression of hate toward homosexual individ- activists have pushed their agenda into our through desert and jungle now lace up uals, but one of social justice and common schools, our media, and our public policy. around Ian’s small ankles. They are all piled sense. Sanctioned by the National Education Asso- neatly together by a little boy’s hands and Finally, homosexual promiscuity is a dead- ciation, now many sex education classes in- sought out during quiet times. ly practice, shortening life and creating clude segments that portray homosexuality My daughter Brittany keeps a photograph painful psychological problems. We regret as a perfectly healthy, normal lifestyle. And of her daddy next to her small white bed, the the political influences that would result in mainstream TV sitcoms reinforce this view. big 8 by 10 of him smiling straight through vulnerable children being taught to perceive Gay activists call this ‘‘progress.’’ But to her. It is the first thing she packs when this deviant behavior as just another equally such ‘‘progress’’ takes a heavy toll on Ameri- leaving home, and the first thing she un- healthy choice about one’s sexuality. The ca’s youth. One former homosexual, Michael packs when she arrives anywhere. Bible teaches us that all sin leads to death, Johnson, explained the effect it had on him. There are comfort to my children. And a and homosexuality, like heterosexual prom- ‘‘One of the things that had an impact on me source of pride. But most important, Gary’s iscuity, is an abomination in the eyes of is those in our society who would tell me it’s children can see and feel these reminders of God. okay to be [homosexual],’’ he said. And what their father to keep him close. that did to me as a young person struggling In much the same way, the ship that we EAGLE FORUM, with the issue was not only to confuse me, christen here today—the USNS Gordon— Washington, DC. but also to ultimately lead me to pursue the gives us faith that Gary’s spirit will go for- DEAR BOB: As you prepare to respond to desires that God would have me reject.’’ Al- ward, his ideals and his beliefs honored by Representative Steve Gunderson’s remarks though Mr. Johnson has left the gay lifestyle those who know of him and the life he so through a point of personal privilege, I want and now runs an ex-gay ministry in Alaska, willingly gave. to share with you several verses from the his years living as a homosexual have quite The very first time I laid eyes on Gary book of Ezekiel that I hope will give you en- literally cost him his life. He has been diag- Gordon was the second month of my thir- couragement and peace. nosed HIV positive. teenth summer. I was staying with my ‘‘The word of the Lord came to me: ‘Son of grandparents in rural Maine. Every week we man, speak to your countrymen and say to America’s youth deserve better than this, and they certainly deserve a better model made a trip into town for supplies. One hot them. When I bring the sword against a land, afternoon in front of Newberry’s Department and the people of the land choose one of their than a congressional defense of the out- rageous behavior that took place at the store, I saw a boy washing windows. You men and make him their watchman, and he never forget the first time that you see your sees the sword coming against the land and Cherry Jubilee. I urge you to keep fighting the good fight for the sake of the next gen- first love. I watched him as he worked, calm blows the trumpet to warn the people, then and purposeful and quiet. Then he looked at if anyone hears the trumpet but does not eration. Sincerely, me, and I knew this was no ordinary boy. take warning and the sword comes and takes This boy could win my heart. BEVERLY LAHAYE, his life, his blood will be on his own head When he called my grandparents for per- Chairman. ** * If he had taken warning, he should have mission to take me out, he was turned down saved himself. But if the watchman sees the flat. She’s too young, they told him. And so, PAUL M. WEYRICH, sword coming and does not blow the trumpet in the way that I was to find out was unique- Washington, DC, May 23, 1996. to warn the people and the sword comes and ly Gary, he set out to wait three years. Congressman BOB DORNAN, takes the life of one of them, that man will Faithful and sparsely emotional letters Longworth House Office Building, be taken away because of his sin, but I will about his new life in the Army arrived regu- Washington, DC. hold the watchman accountable for his larly. On the day I turned 16, I sat in my DEAR BOB: I want to commend you for hav- blood. grandparents’ living room and watched as ing the courage to stand to answer Congress- ‘‘Son of man, I have made you a watchman his motorcycle pulled into the driveway, my man Steve Gunderson. for the house of Israel; so hear the word I palms sweaty on my freshly ironed dress. A It has never been my view that it is our speak and give them warning from me. When few hours of talk, a quick first kiss in the I say to the wicked, ‘O wicked man, you will business what lifestyles people privately rec room, and Gary left to be back at his surely die,’ and you do not speak out to dis- choose. That is between themselves and God. base, miles away. So began our slow dance of suade him from his ways, that wicked man But when individuals, especially elected of- love, one that would give us so much in so will die for his sin, and I will hold you ac- ficials, insist that their lifestyles be vali- short a time. dated by society that is where I draw the countable for his blood. But if you do warn We had five summers and winters together, line. the wicked man to turn from his ways and he the births of a son and daughter setting a That Rep. Gunderson, who openly flaunts does not do so, he will die for his sin, but you rhythm to such sweet time. On Sunday will have saved yourself. his homosexuality, would lend his name and mornings when Ian was still so small, Gary ‘‘Say to them, ‘As surely as I live, declares office to any event where there is immoral would fill a baby mug with watered down the Sovereign Lord, I take no pleasure in the behavior is outrageous. That Gunderson coffee. Folding a section of the newspaper to death of the wicked, but rather than they would be supported in this endeavor by ele- fit Ian’s chubby hands, the two of them turn from their ways and live.’’—Ezekiel ments of the Republican party is reprehen- would sit together quietly, turning the pages 33:1-11. sible. and sipping from their cups. Gary’s love for Bob, thank you for your commitment to When any society through its leadership Brittany was just as strong, Every day when the truth and your willingness to stand up gives its stamp of approval to actions which he arrived home from work, Brittany would for what is right. You are a real American are biblically condemned, it has started run to meet him, his big hands scooping her hero! down the road to perdition. up and rubbing her bald head where baby Faithfully, No so called good intentions (i.e. raising hair had yet to grow. We never knew when PHYLLIS SCHLAFLY. money for AIDS) can mask the blatant at- these times would be interrupted by a day tempt by those in leadership positions who that brought Gary home with his head CONCERNED WOMEN FOR AMERICA, seek an imprimatur for their immoral behav- shaved, anticipation in his voice and a time- Washington, DC, May 29, 1996. ior. Hon. ROBERT DORNAN, table for leaving. I stand with you as you call the nation’s I never worried when Gary left on a mis- Longworth House Office Building, House of attention to actions which are self destruc- Representatives, Washington, DC. sion. As I cheerfully kissed him goodbye and tive. waved confidently from our front porch, it DEAR CONGRESSMAN DORNAN: The 600,000 You know well you will be condemned by members of Concerned Women for America never occurred to me to be afraid. Because those who condone immorality for what you Gary was never afraid. My safe world was want to thank you for your unfailing deter- do. So much the greater your eternal reward mination and leadership in protecting the shaken in December of 1989 with the invasion will be for standing with the truth. traditional family against the assault of the of Panama and the realization that my hus- Sincerely, homosexual agenda. band was in the middle of it. Along with AUL WEYRICH. Over the last decade, we have see homo- P other young mothers clutching infants, I sat sexual activism flood into mainstream soci- in a darkened living room and watched tele- ety. No longer are homosexuals satisfied REMARKS BY MRS. CARMEN GORDON AT THE vision news around the clock. Gary came with a ‘‘live and let live’’ philosophy. They NAMING CEREMONY FOR USNS ‘‘GORDON’’, back, safe. One night when I told him of my want society to endorse and encourage their JULY 4, 1996 fears, he laid a gentle hand on my cheek and behavior—a behavior most Americans deem Thank you for that kind introduction and said quietly, ‘‘Carmen don’t worry about immoral. the opportunity to be here with you today. things we can’t change.’’ A recent Wirthlin poll, commissioned by I’d like to tell you about Gary. I know that death often leaves us with the CWA, found that 66 percent of American Just behind a small door in his bedroom haunting question ‘‘Why?’’ I know why Gary women believe it’s important for govern- closet, my son Ian has stored the treasures died. He died because he was true to his own ment officials to promote traditional family dearest to him. The uniforms his father code for living—trying to help someone else. values over tolerance for ‘‘alternative life- wore, the canteens he drank from, the ham- Fear would have kept Gary from doing what styles.’’ mock he slung in so many corners of the he needed to do, what he wanted to do, what July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7523 he had prepared all his life to do. There is Most brazen of all, having twice vetoed going to do in the other Chamber, in rare strength in the creed he shared with his welfare reform bills, he’s now the champion the other body? That is anybody’s comrades: ‘‘I shall not fail those with whom of welfare reform. Three days before Bob guess, given the difference in our de- I serve.’’ Dole was to give a major speech on welfare, Gary lies buried only a few miles from Clinton suddenly announced in a Saturday fense authorization bill. where I first saw him on that sunny Maine radio address his endorsement of Wisconsin’s I am for ethically asking young re- morning. It is a spare and simple place, open radical (Republican) welfare plan. cruits, ‘‘Are you a homosexual?’’ They to the weather and bordered by woods that Clinton’s aides have since been hard at will not hear of it. I am for taking the change with the seasons. He is not alone now work watering it down. No matter. That’s for almost 1,000 people, that is a regiment, in that corner of the cemetery. His father page 38. The Saturday speech was page 1. who have the AIDS virus and are on, Duane, who died suddenly of a heart attack Of course, everyone knows that Clinton, under the guidance of Dick Morris, is merely we hope, a slow, not a fast path to last week, was laid to rest alongside his son, death, that are lucky to be Americans not far from the paper mill where he gave so positioning. But that too doesn’t matter. many years of hard work. The polls show that with these deliberate and have access to the greatest medical A gentle, sometimes restless wind bends rhetorical moves to the center. Clinton has system in the world that has not been the flowers and stirs the flags that are al- risen significantly in the polls—13 points—on destroyed yet, and I want to give them ways there on Gary’s military headstone, the question of whether he reflects the val- over to the VA so that other people do below the chiseled words ‘‘Beloved Husband ues of the American people. not have to deploy over and over un- and Father,’’ and the coin of his unit pressed Reflect he does. Like a mirror. The Repub- licans are confounded. They were elected in fairly because these people broke the into white stone. I hope that same gentle 1994 on a detailed conservative agenda that UCMJ, with the exception of two cases wind will always guide this ship to sea and they then tried to enact—an error of sincer- that are wives, military wives, who her keep her on a safe and steady course. And when that wind strokes the cheeks of ity and zeal for which they have ever been philandering husband contaminated paying in the polls. my children lying in their beds at night, and like they would bring TB home. Clinton’s political genius is discerning and They want to restore abortion to Ian and Brittany ask me to tell them what then becoming whatever the American peo- course the USNS Gordon is striking under ple want. They want tough welfare reform, military hospitals. That is a contested the stars, I can tell them that she is on the but they don’t want to hurt anyone. They item between the conferences. Lots of same course their father chose: Headed for want to abolish racial preferences, but they issues. We do not know what is going distant shores, answering the call of those in want to save affirmative action. They want to happen over there for sure. need. to balance the budget, but will crucify the Let me tell Members what I did not politician who tamper with Medicare—which [From the Washington Post, July 5, 1996] get to in my point of personal privi- is busting the budget. lege. I entered in the RECORD, but I did A PRESIDENT FOR OUR TIME In other words, they are not serious and (By Charles Krauthammer) neither is Clinton. On every great issue, they not show it. Madam Speaker, you see When the Gallup Poll (June 18–19) asked say yes and no. Clinton, the man who this thick magazine as big as a Read- whether the words ‘‘honest and trustworthy’’ smoked but didn’t inhale, lives and breathes er’s Digest, as large in pages and bill- apply to Bill Clinton, Clinton lost 49 percent yes and no. ing bigger in size? Hard core pornog- to 46 percent. (Two weeks later in another He talks right and governs (when he can) raphy in it, too. I did not realize that. poll, same question, Clinton was losing 54– left. He talks tough and governs soft. He is, All I looked at was the camera, the in short, the perfect president for our time. 40.) And when Gallup asked whether Clinton thickness. It is called Steam. has the honesty and integrity to serve as And if he cuts a few ethical corners too, so what? It is available around this country to president, Clinton won 62–36, a landslide big- tell homosexuals where to have sex ger than Lyndon Johnson’s. Mr. DORNAN. Now, what I did not with strangers in public parks. Where Expectations of presidential character have time to get to—I feel like taking have fallen so low with Clinton that the peo- my coat off and throwing it across the to go in our national parks, where to ple can believe the worst about him and still table—what we did get to take, thanks go in your city parks, and there is a want him where he is. to a former U.S. attorney from Geor- European version. Steam did not come Republicans are at wits’ end with frustra- up in the debate today, nor did this tion that, as the sordidness of this adminis- gia, BOB BARR bringing this on the floor, is this letter from Lambda Legal from the Advocate magazine, which tration is progressively exposed, Clinton suf- used to be a newspaper. It is now the fers little political damage. The American Defense. I would recommend Lambda people say—and Perot’s 19 percent claim it is Report, which is a Judeo-Christian eth- main homosexual magazine in Amer- a principle—they want clean government, ical report on Lambda stuff. I want to ica. It is all pornographic classified ads but they obviously don’t mean it. read again to set the scene here. The to get people to go to leather bars and They don’t mean it about character. And— key line highlighted in red on why we engage in bondage, discipline, things the ultimate Republican frustration—they debated so long Hawaii’s attempt and that I cannot mention on the House don’t mean it about policy either. floor, sadism, sodomy, masochism, On policy, with few exceptions (abortion Hawaii is not far, thousands of miles being the most notable), the country is con- away. That is only physically. I guess things involving craziness, I mean real servative. The American people say they if Virginia across the Potomac were craziness. This is their classifieds that want smaller government, lower taxes, bal- doing what Hawaii is doing or Mary- they have now spun off from the main anced budgets, less welfare, more jails, etc. land surrounding the district on three magazine, so they can do their first It is no accident that no one campaigns for sides, then it would have been a dif- interview with President Clinton. Of national office as a liberal. Anyone who can ferent debate. But oh, let Hawaii do course, he lets them down. He does not get away with it campaigns as a conserv- interview with them face-to-face. He ative. And Clinton is proving that anyone their vacation things and have all these homosexual marriages. mailed in his answers. with high intelligence and no scruples can But the current Advocate magazine get away with it. But listen to this again from the Clinton, whose major presidential initia- Lambda Legal Defense Fund, and I has a Clinton interview, the President tives were gays in the military, a stimulus have debated them on Crossfire: ‘‘Many of the United States, bragging about he package of federal spending, a tax increase same-sex couples in and out of Hawaii has done more for homosexuality than and the nationalization of health care, now are going to take advantage of what all of the 41 preceding Presidents, from is running for reelection as a moderate con- would be a landmark victory. The Washington to George Bush, all servative. wrapped together. Nobody is arguing In one of the most cynical—and success- great majority of those who travel to ful—acts of election-year repositioning in re- Hawaii to marry will return to their that, but he is going to back up the cent American history, Clinton has moved to homes in the rest of the 50 States ex- vote of the Republicans and 118 Demo- the right on a dozen issues. He’s for school pecting full legal recognition of their crats today who voted, if the Senate uniforms and curfews for minors. He’s for the unions,’’ and they will darn well try goes along with it, for no homosexual V–chip and the ‘‘victims rights’’ constitu- and get legal services, tax dollars, your marriages having to be recognized in tional amendment. He’s for Megan’s Law; tax dollars through a corporation we the other 49 States if Hawaii goes bal- He’s against gay marriage. should have shut down, to make you listic. Having slashed the staff of the White In the classifieds here, which they House Office of Drug Abuse by 80 percent, pay for their battles back in these he’s now talking tough on drugs. Having sub- States to make the other 49 recognize spun off so they could do these main- mitted a FY ’97 budget with $200 billion defi- their so-called Hawaiian marriage. stream interviews—I am sorry, I am cits as far as the eye can see, he’s now for a Now, remember, it only passed 342 to just sorry. This is like a visit to balanced budget. 67, 2 present, 23 absent. But what is it Dante’s Inferno. I would recommend H7524 CONGRESSIONAL RECORD — HOUSE July 12, 1996 kids in high school read his Inferno, But get this, and I am going to ask me, and that is the Republican leader- read Milton’s Paradise Lost and avoid unanimous consent to put it in the ship, that they are going to ask back this defilement that is mentioned both RECORD, here in my—at the beginning for the wife pin. in Romans and the New Testament and of my point of personal privilege, here This is the First Armored Division. in Leviticus, which was ridiculed and is the excellent new conservative mag- That is not a wife pin, folks. The wife attacked today in the face of Moses up azine that I held up called the Weekly pin, the spouse pin and their I.D. card, here. I hope guests when they come Standard, started by a good conserv- since this bill is passed, I will make here always recognize the 23 lawgivers ative Fred Barnes and Bill Crystal, Ir- sure that happens. here, some of them without such ster- ving Crystal’s great son. Here is the Pedophilia is going to be debated in ling characters, like Napoleon, but he cover issue, Pedophilia Chic. I held it the spring, and it is sad, just like ev- was a good lawmaker, that they are all up on the floor. Unfortunately, the erybody was shocked today. profiled except one, Moses’ direct face camera, I held it out so far it cut my Mr. Speaker, I ask unanimous con- looking right down on us, the man of arm off and no one ever did see the sent to include for the RECORD the full Exodus. title. By the time I brought it back to article from the Weekly Standard. And When you attack Leviticus, you at- the lectern, it was down. Pedophilia these other letters I already have per- tack the Torah. The Torah is the first Chic is a terrifying article. Get the mission. Thank you, and have a great five books. It is Genesis, Exodus, Le- RECORD of today, not through my of- weekend. viticus, Numbers, Deuteronomy. That fice, please, through your own Con- The SPEAKER pro tempore. Without is the basic thing that so many people gressman, I would ask people watching objection, the gentleman may submit died to hide at the height of the terror us today, Madam Speaker, and read those materials and extraneous other of Nazi Germany, was to protect and this article by a lady, Mary Everstat. documents for the RECORD which are hide the Torah. She brings out that the New Republic consistent with House rules and proce- Now look at this. I predicted on the dures. floor today, Madam Speaker, that we and then the New York Times have been running articles inching toward There was no objection. would be arguing about pedophilia on The material referred to is as follows: this floor in 2 or 3 years. Here is a pedophilia. PEDOPHILIA CHIC book, a new book with an in-your-face Here is a guy with an unusual name, title. Look at this, Mr. Speaker. Cor- sounds like a contract player at MGM (By Mary Eberstadt) ruption. It is all about youth, teen- in the bad old days. Trip Gabriel, T-r- When most Americans hear the word agers, pedophilia. That is what it is all i-p. Trip Gabriel writes in a front-page ‘‘pedophile,’’ they usually think of men like the self-described ‘‘child-molesting demon’’ about. Sickening stuff. report in the New York Times that ‘‘Some on-live discoveries give gay Larry Don McQuay, who was released from a I have got a 14-year-old grandson. He prison in East Texas in April and driven to is tough. He watches television. He is a youths a path to themselves.’’ San Antonio to begin a closely supervised, good student, an ‘‘A’’ student, gateway b 1615 but nonetheless semi-free, new life. And program student, as is his younger sis- when most Americans think of men like They are on the verge of suicide. So ter. She just flew out alone to L.A. and McQuay roaming the streets, they react had great adult conversations on the if a child molester is making contact much as did the outraged, screaming-in-the- plane going out to Los Angeles, her with a male child in a homosexual way, streets, placard-carrying citizens of San An- first big trip on her own, 14, a soccer if we break that connection and bust tonio. About the mildest thing said by one of star, also an A plus student as is the the molester, the young male child them was ‘‘I sure hope there will be more in- threatens to commit suicides. dictments’’ to send McQuay back to jail— younger sister. It looks like hopefully I this, from the chairman of the State Board have raised good kids that are such I will say it again. The heterosexual young lady, and there is no hetero- of Pardons and Paroles, under whose aus- conscientious parents. All my pices McQuay was released. The local vic- grandkids are just working so hard, the sexual young men being contacted by tims-rights groups were less restrained. As television is monitored, they under- women. There are no women predators the president of one such group put it, in a stand and love history, a lot, thank to speak of. The number is infinitesi- straddle between threat and hope, ‘‘In this heavens, their grandfather has been mally small or nonexistent. There is no city, he’s not going to be safe’’—thus sum- able to pass on some of my love for this lesbian, no heterosexual woman who marizing neatly the vigilante desire that country. I would not show these bright prays on children. We cannot even find most parents, when contemplating a figure like McQuay, would doubtless second. oldest of my 10 grandkids. I am count- statistical data. This is basically a male homosexual In addition to a spate of high-profile cases ing one before it has arrived around like McQuay’s, the past few years have also Christmastime. But of my five grand- problem, and the child molesters of the witnessed an ongoing public obsession with daughters and grandsons, this is not for heterosexual variety are usually child abuse in any form; a Congress that, at their eyes, but it is out there and that drunken disgusting stepfathers who are the urging of the White House and Justice is why we are going to discuss dismissing their wife and going after Department, has toughened the penalties for pedophilia and I am going to amend her daughter from another marriage. child-pornography trafficking; and Bill Clin- what I said during the debate today. It Take out that chunk and take out the ton’s signing of the constitutionally com- is not going to be in 3 years. We are numbers and prorate these cohorts, plicated Megan’s Law, which makes it im- since there is only about three-quar- possible for those once convicted of child-sex going to be debating pedophilia, Mr. offenses to move anonymously into an Speaker, on this floor in the spring and ters of a percent of lesbians in the unsuspecting neighborhood. do you know why? Because the country and 1 percent male homo- And yet a funny thing happened on the Internet and that Supreme Court is in sexuals, and the rate of male way to today’s intense fear and loathing of our face saying that child molesters pedophilia, homosexual pedophilia on Chester the Molester. For even as citizens can make contact and, get this, fine makes is 11 to 1 over heterosexual around the country have sought new ways of tuning, make contact with young pedophiles. keeping the McQuays of the world cordoned males. If a child molester is on the This article is terrifying because it off from the rest of us, and even as the public says it is chic, it is in vogue to slowly rhetoric about protecting America’s children Internet making contact with a young has reached deafening levels, a number of en- girl, 10, 11, 12, 13, 15, 16, and he is found inch our way toward saying, well, what lightened voices have been raised in defense out, does anybody suggest the young are we going to do, we have to teach of giving pedophilia itself a second look. girl who is a heterosexual is going to homosexuality in a positive way for After all—or so some of these voices have commit suicide if she continues her our high schools or these young emerg- suggested—what if pedophilia is in fact a vic- dialogue with this guy or if it is broken ing people will commit suicide. tim-less crime? What if teenagers, and even off? I mean she will commit suicide? Of I received a letter today from a Mem- children, are more in control of their emo- course not. This guy should be busted ber’s male significant other, who has a tions, their bodies, their sexuality, than the spouse pin and a wife I.D. card. There rest of us think? What if sexual relations and the young girl should be told to go with adults are actually ‘‘empowering’’ to back to her homework and, if she has are three of them in this House, two on the young? What if pedophilies and would-be abusive or neglectful parents, make it that side and one on this side. In this pedophiles are in fact victims themselves— some way the States, not the Federal debate today, if we won, and we won exploited by the cunning young people they Government, can address that problem. big, 342 to 67, the leadership promised befriend? July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7525 There are also the matters of civil liberty. scrawny and white-chested, posing like pin- peared within weeks of the Calvin Klein ad Is it fair to send people to jail for owning, ups, their cK Clavin Klein jeans partially un- blitz. At the time, as readers may recall, the trading, and obsessively consuming child done. . . . That was really groundbreaking public fear of pedophile predators was being pornography when no one is really injured by advertising.’’ fanned by the discovery of yet another form such practices? And what about the notion of The talent, too, was cutting edge. The ad of outreach: the home computer. In the pre- an ‘‘age of consent’’—isn’t it an anchronism, campaign was shot by the well-known pho- ceding months, one 16-year-old boy had run in this age of adolescent sexual precocity? tographer Steven Meisel (who is credited, away with bus tickets provided by a chat- Shouldn’t it be lowered to a more realistic among other work, with the photos in Ma- line ‘‘friend’’; similar cases of solicitation standard? Say, to fourteen? Thirteen? donna’s Sex book). Meisel in turn made an- had become the subjects of FBI investiga- Twelve? other personnel choice of celebrity interest. tions; and Congress, heavily pressured by in- Once upon a time, the reader losing sleep As the Washington Post reported later in terest groups, had turned its hand to devis- over questions like these would have had to September. ing legislation that would prevent the ex- travel to Times Square, or the local porn When President Clinton railed against ploitation of minors via cyberspace. All in shop, or perhaps the nearest branch of the those notorious Calvin Klein ads . . . he all, it seemed an unlikely moment to suggest North American Man-Boy Love Association probably didn’t know that the off-camera that those selfsame chat rooms and bulletin (NAMBLA). But no longer. Now he need only voice in the television versions belonged to a boards had their bright side. But that is ex- subscribe to the right stylish magazines, the gentleman named Lou Maletta—aka the actly what the N.Y. Times managed to do in right cutting-edge publishers, and be famil- Leather Daddy. Since Calvin Klein pro- a front-page report by Trip Gabriel called iar with the work of the right celebrated au- claimed loudly in his defense that there was ‘‘Some On-Line Discoveries Give Gay Youths thors. It is hard to know what to make of no pornographic intent to the ads, Maletta a Path to Themselves.’’ these piecemeal attempts—which amount to was certainly an interesting casting Though ‘‘a handful of high-profile cases’’ nothing so elevated as a movement—to re- choice. . . . had ‘‘dramatized the threat of on-line preda- write what most of the rest of us persist in Lou Maletta, 58, is founder and president of tors,’’ wrote Gabriel, kids themselves shared thinking about adults whose sexual interests the New York-based Gay Cable Network, no such fears of the screen. In fact, ‘‘all the run to kids. Call it the last gasp of a nihilism which produces ‘‘Gay USA,’’ a news show; young users interviewed’’ for the Times piece that has exhausted itself by chasing down ‘‘In the Dungeon,’’ ‘‘about the New York ‘‘said the threat was exaggerated, adding every other avenue of liberation, only to find leather scene’’; and ‘‘Men & Films,’’ which that they would not be likely to meet blind- one last roadblock still manned by the bour- features excerpts from gay porn videos, and ly with an on-line acquaintance.’’ In fact, if geoisie. Call it pedophilia chic. for which Maletta’s Leather Daddy character the kids had any fear at all, it seemed to be quite the opposite—that their lines of com- CALVIN KLEIN’S LEATHER DADDY was created. The next day, the Post was forced to pub- munication would be shut down by party- For laymen, the best-known example of lish a correction: At the last minute, and for pooping parents and legislators. Recent leg- this phenomenon was last summer’s much- reasons unclear, Klein himself decided to re- islation, in particular, this reporter discov- reviled and ultimately abandoned ad cam- place ‘‘Leather Daddy’’ with a professional ered, ‘‘has made some ‘gay youths’ fearful paign for Calvin Klein jeans. In fact, as the voice-over actor. Interesting though that de- about the future of on-line discussions.’’ record will show, when measured against cision may be—at the very least, it does And fearful they should be, if cyberspace is other recent soundings on the subject of seem to imply an awareness on someone’s really the lifeline the Times made it out to adult-child sex, that ad campaign itself ap- part that there was such a thing as going too be. A ‘‘distraught youth’’ in California was pears—pun intended—mere child’s play. But far—it is not nearly as significant a choice ‘‘on the verge of suicide’’ until reaching one first, a review of the facts. as that of commissioning Maletta in the first ‘‘Daniel Cox, 19, a regular on an Internet Just about a year ago, the company place. What that choice signified was what chat channel dedicated to gay teenagers’’ at launched a series of print and television ads any sophisticated viewer would already have 3 a.m. Cox ministered to the California that were, according to almost every critic discerned—that the ads had an obvious man- youth, and the next day ‘‘the young man was who reviewed them, bizarrely and boy sexual subtext. back on line and doing O.K., Mr. Cox said upsettingly reminiscent of child pornog- The second interesting fact about the out- [emphasis added].’’ This apparently happens raphy. Even for a public made blase´ by expo- come of the Klein affair was the inadvert- all the time. As another of these selfless do- sure to Calvin Klein’s many other provoca- ently revealing rationale put forth by com- gooders put it—one Michael Handler, ‘‘17, a tive images, the seediness of this latest ef- pany officials. The main idea seemed to be moderator of the Usenet news group for gay fort proved just too much. There were, first, that teenagers are more sexually sophisti- youth’’—‘‘We want everybody to be who they the images themselves: teenage models— cated than many adults want to believe. are and be happy and not kill themselves be- most looking bored, with legs spread apart ‘‘The message of the cK Calvin Klein jeans cause they feel they’re some sort of abomi- and underwear revealed—lounging around current advertising campaign,’’ as a full- nation.’’ semi-dressed. There was also the matter of page ad in the New York Times and else- Another teenager, Ryan Matsuno, ‘‘typed setting. The cheap wood paneling and shag where informed the public, was that ‘‘young out a plaint of loneliness’’ one night, only to carpets were supposed to suggest a suburban people today, the most media savvy genera- receive ‘‘more than 100 supportive E-mail rec room—another visual convention, it tion yet, have a real strength of character letters’’ within the next few days—letters seems, of the child-porn genre. and independence. They have very strongly that ‘‘gave me courage’’ and ‘‘the initiative By common consent, the scripts for the TV defined lines of what they will and will not to go through with telling my mother,’’ ac- ads—which ran only in New York before do . . .’’ It was this very strength, officials cording to Master Matsuno. Still another being withdrawn—were even more compel- reiterated, that proved discomfiting to the teenager, we are told, used his computer ling evidence of the campaign’s indebtedness public at large. ‘‘The world,’’ as Klein him- skills to outwit that rarest of things in to the pornographic canon. In those ads, an self told an interviewer shortly after the ads cyberspace, an actual predator: ‘‘Dan Mar- offstage male voice seemed to goad the were pulled, ‘‘is seeing a reflection of what’s tin, a gay 17-year-old in Fresno, Calif., said young models into responding through a really going on.’’ he talked for a year on line to a man claim- combination of wiles and special pleading. In a sense, Calvin Klein got it exactly ing to be 21. Occasionally the conversation ‘‘You take direction well—do you like to right. All that groundbreaking advertising turned to sex. When Mr. Martin suggested a take direction?’’ the voice asked a girl. The was indeed reflecting something real, albeit meeting, the man refused and confirmed Mr. lines to boys were smuttier still. ‘‘You got a something very different from what the Martin’s suspicions that he was really mid- real nice look. How old are you? Are you expost-facto explanations claimed. What dle-aged. ‘After I confronted him, I never strong? You think you could rip that shirt those ads did mirror was something else: the heard from him again,’ Mr. Martin said.’’ off of you? That’s a real nice body. You work In sum, according to Gabriel, ‘‘sites for gay idea that non-adults (particularly if they are out? I can tell.’’ And so on. and lesbian youth are the source of some of boys) are appropriate sex objects for adults Though girls and boys alike appeared in the most stirring stories in cyberspace.’’ (particularly if the are men). the ads, it was clear to any savvy viewer These touching dramas, the Times report Contrary to what some critics implied at that the boys, rather than the girls, were the continued, are social-worker approved—cer- the time, Calvin Klein and his team did not main event. For one thing, there was noth- tainly by one Frances Kunreuther, director invent the idea of using man-boy sex to grab ing really new about the girls. As a critic for of ‘‘a social service agency for gay teenagers public attention; they merely submitted it Adweek remarked at the time, ‘‘Girls have in Manhattan,’’ who says, ‘‘I think the to a commercial plebiscite. Middle America, been objectified forever. It’s not shocking, Internet is a step in the right direction.’’ At to the surprise of the fashion moguls, voted sad to say.’’ (It is particularly unshocking in the same time, though, the social workers the campaign down. But Middle America has a Calvin Klein jeans campaign; after all, it is also ‘‘cautioned that cyberspace could not only been one testing ground for revisionist now fifteen years since an underage Brooke substitute for face-to-face contacts.’’ But suggestions about pedophilia. Other, more Shields was used to suggestive effect.) wait: Aren’t face-to-face contracts exactly sophisticated venues have proved more will- No, what was new in this latest effort was what most people fear when they think of ing to give the subject a second look. the question of who those boys were posing kids in sex-saturated ‘‘chat rooms’’? Well, no for. As James Kaplan noted acidly in New ‘A STEP IN THE RIGHT DIRECTION’ matter. And no matter too, apparently, that York magazine, ‘‘What especially got to Consider an example from the New York anyone logging on as a teenager could be 17, many people was the images of the boys, Times, which, in an errie conjunction, ap- or 70—or 7. The only thing that matters, or H7526 CONGRESSIONAL RECORD — HOUSE July 12, 1996 so it appears from reporter Gabriel, is that Surreptitious filming of students, porno- And, of course, the hapless Bateman was ‘‘the electronic curtain is not a closet’’— graphic tape-making, pornographic tape-ed- also a victim of a society that forces homo- this, from one Reid Fishler, founder of an iting, pornographic tape-swapping with a sexuals to act furtively. When faced with the Internet site called the ‘‘Youth Assistance former student, pornographic reconstruction conservation of Exeter, where ‘‘only one in- Organization,’’ who is said to be 19. of homework videos: Not everyone prizes structor has come out,’’ Lane Bateman ‘‘A danger to his students, or only to him- hobbies like these in a boarding school stayed in the closet. And it was all that time self?’’ teacher, with or without that library of in the closet, it is argued here, that led to Another place willing to ask some hard- kiddie porn on the side. Certainly that was his taste for child pornography. ‘‘It’s not nosed questions about grownups who are sex- the view adopted at last by Exeter itself, healthy to be so secretive, but Lane never ually interested in kids is Vanity Fair maga- which fired Bateman within 24 hours of his felt secure enough at Exeter to come out,’’ zine. For the most part, its glossy pages arrest. Something of that view seems also to explains a friend who has long known of seem an unlikely territory on which to argue have been shared by federal district court Bateman’s interest in pornog- in earnest about anything—much less about judge Jose A. Fuste, who in January 1993 raphy. . . . ‘He’s heavy into fantasy. These anything as obscure as whether a high school sentenced Bateman to five years in prison sex movies are the legacy of the closet.’ ’’ teacher obsessed with child pornography was without parole for one count of possession In case the reader misses the point, Bate- in fact a misunderstood victim himself. and two counts of interstate shipment of man is also provided an opportunity to ex- Nonetheless, it was in a 1992 issue of Vanity child pornography—a sentence that, though pound on it himself. Fair that veteran reporter Jesse Kornbluth hardly the maximum allowed by law, was a Bateman says he purchased the material published what is probably the most heart- far cry from leniency. (Under a fourth count, that ultimately brought him down several felt and sympathetic portrayal of a con- forfeiture, Bateman was also forced to sur- years before he started teaching at Exeter, victed child-pornography trafficker yet to render his video equipment.) There was also when he was coming out of the closet and appear in expensive print. the influential fact that Bateman showed no wanted to make up for lost time. ‘‘For a few ‘‘Exeter’s Passion Play,’’ as the piece was remorse whatever for his behavior. As a re- years, you could buy anything, and I bought called, concerned the fate of Larry Lane (or port in the New York Times put it when the some films and books that featured young ‘‘Lane’’) Bateman, a tenured teacher at the sentence was announced: ‘‘He said he still boys,’’ he says. ‘‘For me, these pictures were elite Phillips Exeter Academy who was con- did not understand what was ‘so wrong’ aesthetic, not pornographic. I know people victed in October 1992 of possessing and about what he had done. ‘If I strangled a say, these images are despicable—how can transporting child pornography. The preced- child, if somebody had been hurt, if some- you think that? But the key point is that I ing summer, a police raid on his apartment body’s property had been destroyed, then identified with the boys, not the men. If had turned up 33 videotapes of child pornog- there certainly would be a victim,’ Mr. Bate- someone young had grabbed me when I was raphy. The police also found hundreds of por- man said ‘Where are the victims?’’’ that age and said, ‘Let me teach you some- nographic tapes featuring adults—that is to Where, indeed? It is that question that re- thing.’ I would have said, Sure.’’ say, men—and still other tapes made by Exe- porter Jesse Kornbluth sets out to answer, And here, as with the example of Calvin ter students on assignment from Bateman and the way he answers it will likely take Klein, we come to the real heart of that their teacher had spliced and doctored some readers by surprise. For the chief vic- pedophilia chic: It’s about boys. It is boys to his liking (for example, zeroing in on geni- tim of the Bateman affair, as it turns out, and boys alone who are seen as fair sexual tal areas). Finally, the police also found so- was not, say, Michael Caven, or the Exeter game. For if Bateman’s cache of child por- phisticated videotaping equipment, some of students filmed in the showers, or even all nography had featured little girls, rather which belonged to Exeter, later valued at be- those little boys who were somehow made to than little boys, it is unthinkable that he tween $200,000 and $250,000. perform in all those movies with titles like would have become the object of a sympa- As Bateman would later admit to the au- Ballin’ Boys Duo, Young Mouthful, and Now, thetic profile in the likes of Vanity Fair. thorities, he had been involved with child Boys? No, the chief victim of it all—perhaps That a teacher whose sexual tastes run to pornography for twenty years—buying it, even the only victim, if the story told in boys rather than girls could come to com- lending it, going out of his way to get it, and Vanity Fair is correct—appears to have been mand a cultural dispensation for that pref- above all, viewing it obsessively. Moreover, Bateman himself. erence—this, rather than the ‘‘legacy of the at least some of the people in his life were In the first place, or so at least closet,’’ would seem to be the ‘‘deeper mean- aware that he was deeply involved in pornog- Kornbluth’s essay makes clear, Bateman was ing’’ of the scandal at Exeter. raphy of some sort; the Vanity Fair piece it- a victim of his accuser, Michael Caven (alias Biased though it was in favor of Lane Bate- self cites at least two. But the question of Pappas). Caven, the reporter tells us, was a man, and much as it seemed to suggest that who knew what, and when, was mostly irrel- hustler, an alcoholic, a druggie. He exploited child pornography may be a victimless evant to Bateman’s criminal trial, which rich, older men (including, we are told, crime, the Vanity Fair piece at least stopped centered on four specific counts relating to Frank Caven, the successful owner of several short of endorsing either child pronography child pornography. That case rested largely gay bars who legally adopted his young sex or pedophilia per se. It is an amazing fact on a single witness named Michael Caven partner in a moment of drunken inspiration). that these omissions would come to seem (born Michael Pappas), a one-time student of In fact, throughout Kornbluth’s essay, not positively retrograde in light of an essay ap- Bateman’s from a high school on Long Island a kind or empathetic word appears for the pearing two and a half years later in yet an- who had now turned chief accuser and in- man who claimed to have been abused by other stylish, widely circulated magazine, formant. Bateman as a teenager. But there are, inter- the New Republic. Bateman denied Caven’s most damning estingly enough, many, many words from the A GOOD WORD FOR NAMBLA charges—that he had molested Caven from Pappas/Caven detractors, and Caven is de- The most overt attempt by a hip journal to the age of 16, and that he had taken porno- scribed by a former colleague in the bar busi- give pedophiles a place at the table came in graphic pictures of him as a legal minor. But ness as ‘‘a jerk and an egotist. He was media the form of a May 8, 1995, ‘‘Washington what Bateman could not deny was that in crazy . . . he loved to get his face in any rag Diarist’’ in the New Republic by Hanna the course of 1990 alone he had sent or given in town.’’ Bateman’s friends, he reports, Rosin entitled ‘‘Chickenhawk.’’ Ostensibly Caven more than 100 pornographic video ‘‘loathe’’ Michael Caven. ‘‘If he wanted to do inspired by a ‘‘riveting’’ documentary of the tapes, and that at least some of these tapes Lane a favor, he could have said, ‘Get help,’ ’’ same name about the North American Man- were child pornography. Bateman, for his one snaps, ‘‘Lane doesn’t deserve to have his Boy Love Association, ‘‘Chickenhawk’’ opens part, never denied having given Caven child life ruined.’’ with the following quote from the film’s pornography; he only denied having sent Second, or so it appears on this telling, star, a real-life pedophile named Leyland those particular tapes through the mail. Bateman was the victim of the ‘‘brutality’’ Stevenson: ‘‘He’s just like a flower in bloom. (‘‘I’m not totally stupid,’’ he explained at his and ‘‘frosty environment’’ of Exeter itself. He’s at that perfect stage, in which he is her- trial.) (This turn looks ironic, for under Kendra maphroditic. . . . He’s in that wonderful And there was more. According to a pre- O’Donnell, who was appointed principal in limbo between being a child and an adoles- sentencing memorandum submitted by the 1987, the school would seem to have entered cent—he’s certainly an adolescent, but he U.S. Attorney’s office, boys at Exeter had a progressive warming phase; it was under has that weird feminine grace about him.’’ been filmed in the showers and bedrooms O’Donnell, for example, that Exeter—which Stevenson, of course, is talking about a lit- without their knowledge, thanks to one of now boasts a Gay/Straight Alliance—invited tle boy. It is a quote intended to jolt the Bateman’s hidden cameras. ‘‘The boys,’’ the gay alumni to come and speak to the stu- reader, and no doubt for most readers it still memo noted, ‘‘are either wearing under- dents about their sexuality.) Surely Bate- does. Having already invited the reader to shorts, towels or nothing.’’ Also in the man’s firing was hypocritical; after all, we imagine a child as seen through the eyes of memo, according to the New York Times, are talking about Exonians, who in a pedophile, Rosin then proceeds to some- was the fact that Bateman spliced pieces of Kornbluth’s telling at least are a worldly- thing more avant-garde still: a chatty review the students’ tapes into pornographic films. wise and sexually sophisticated bunch. ‘‘The of man-boy love and of the North American ‘‘Mr. Bateman,’’ the Times reported, ‘‘dupli- idea that single male teachers might be ho- Man-Boy Love Association (whose informal cated tapes made by about 20 students for mosexual and ‘appreciate’ young men,’’ (he motto, as some readers may know, is ‘‘Eight class onto a master tape, giving each seg- writes of these preppies), ‘‘would not be a is too late’’). ment a name like ‘Blonde Zen Lad’ and ‘Belt soul-shattering revelation to Exeter stu- ‘‘Chickenhawk,’’ the author explains, ‘‘is Spanked.’’’ dents.’’ worth seeing’’ because it ‘‘succeeds, at least July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7527 partially, in making monsters human.’’ mund White. The author of a number of en- White makes a final attempt to get to the Though it may be true that Leyland Steven- thusiastically received novels—Forgetting bottom of it by interviewing an actual son is ‘‘every mother’s worst nightmare,’’ it Elena, A Boy’s Own Story, and The Beautiful pedophile in a bar in Boston. is also true—at least true according to Room is Empty—White has also had a bril- This man, the author coolly reports, ‘‘has Hanna Rosin—that Stevenson and his fellow liant career as an editor and essayist. He has a lover of twelve (he met him when the boy NAMBLA members have gotten an unneces- worked at Saturday Review and Horizon, was six).’’ Far from the voracious predator sarily bad rap. ‘‘There are no steamy orgies’’ been a contributing editor to Vogue and so feared by the general public, however, our in the documentary, she notes dryly, ‘‘or House and Garden, and written for publica- pedophile could scarcely appear more ethe- bound-up boys languishing in NAMBLA’s tions ranging from the New York Times real. He is ‘‘thirty-six, dressed in faded den- basement.’’ NAMBLA itself, she casually ex- Magazine to Christopher Street., In 1980, a ims, his face as innocent and mournful as plains, ‘‘functions mainly as a support group number of his pieces reflecting on post-lib- Petrouchka’s. His voice was breathy and for fantasizers, with the requisite forums for eration gay life were collected into yet an- light, his manner anxious and almost hum- victim-bonding.’’ Like members of any other other critically acclaimed book called States ble.’’ Lest there be any last doubt of this group united by common interests, its rank of Desire: Travels in Gay America. man’s suitability for polite company, White and file have their humdrum clubby mo- On account of its historical timing alone— erases it with the ultimate compliment. ‘‘I ments; they hold roundtables (where they the book amounts to a city-by-city celebra- was,’’ he writes candidly, ‘‘strongly at- ‘‘hug and share persecution stories’’), solicit tion of gay life published on the very eve of tracted to him.’’ There follows a conversation in which the subscriptions, exchange ‘‘bulletins.’’ Not the identification of AIDS—States of Desire amorous adventures of White’s pedophile are only are these activities benign, it seems, remains a fascinating and retrospectively fondly recounted. White asks how the man but their propriety is enforced by the club it- poignant sociological document. But it is a met his present ‘‘lover,’’ and the pedophile self. ‘‘Group policy,’’ we are assured, ‘‘strict- work that deserves to be remembered for replies: ‘‘At the beach. He was there with his ly forbids contact with live boys or even il- something else as well: It is probably the most critically acclaimed piece of reportage mother. He came over to me and started licit pictures on the premises.’’ talking. You see, the kids must make all the Next, Rosin praises NAMBLA’s ‘‘bravery.’’ in which the taboo against pedophilia has been examined at considerable length and moves.’’ In case that point has been missed, ‘‘After all,’’ she writes, ‘‘it is still heresy White reiterates it a few lines later, this even to consider the possibility of the legit- judged archaic—a judgment that moreover passed virtually without comment from time asking explicitly: ‘‘Did your friend take imacy of their feelings.’’ Today’s pedophiles, the sexual initiative with you?’’ ‘‘Abso- she reminds us, live in especially unfriendly White’s admiring critics. Throughout most of this reflection, White studiously keeps to lutely,’’ Petrouchka affirms, adding, ‘‘I’ve times. Politically, things could hardly be been into kids since I was twenty-two and in worse; witness the tough language on child an Olympian ‘‘on the one hand this, on the other hand that’’ rhetorical monologue—in every case the kids were the aggressors.’’ pornography in the Contract with America. ‘‘What do you two do in bed?’’ White next which one hand, as in most such monologues, Even President Clinton, she notes sarcasti- inquires. There follows a graphic description, cally, ‘‘was cowed into taking a courageous consistently manages to get the better of the which the pedophile concludes on a mournful stand against ‘softness on child pornog- other. note. For there is, as it turns out here, at Pedophilia, White asserts at the outset of raphy,’ ’’ Yet NAMBLA, despite it all, con- least one problem with man-boy love that this discussion, is ‘‘the most controversial tinues pluckily on: ‘‘keeping all their activi- most readers may not have anticipated: issue’’ in the lives of many in the gay move- ties above board’’—even publishing their namely, that the kids are too loving. New York phone number. ment. It is also, the reader is led to under- A second writer who has explicitly ad- Just as the grownups of NAMBLA turn out stand, a terribly complicated subject. As one dressed the matter of men and boys, this to be more innocent than one might expect, gay man—ostensibly not himself a time adolescents, is Larry Kramer, author of the boys, for their part, seem to be far more pedophile—puts it in words that the author the hugely celebrated AIDS play ‘‘The Nor- sophisticated. As Rosin reasons, ‘‘it might quotes approvingly, ‘‘There’s no way to an- mal Heart’’ and of an earlier novel called even be that a budding young stud had the swer it [the issue of pedophilia] without ex- ‘‘Faggots (1978),’’ one of the classics of the upper hand over the aging, overweight ploring it. We need information and time for post-liberation gay genre. The comparison loner.’’ And how old does a boy have to be, in deliberation. There are no clear answers— between Kramer and White is particularly the Rosin/NAMBLA view, to qualify for who would provide them?’’ useful insofar as the two authors differ White is willing to try. ‘‘Those who oppose ‘‘budding young stud’’ status? Sixteen? Four- markedly in a number of important ways. pedophilia,’’ he posits, ‘‘argues that the ‘con- teen? Twelve? No? Well, how about ten? Kramer’s authorial perspective, as well as sent’ or seeming cooperation of an eight- One NAMBLA member in his 20s, an entic- his political persona (he is a well-known ac- year-old is meaningless.’’ On the other hand, ing blond with slits for blue eyes, describes a tivist and co-founder of the New York Gay ‘‘those who defend pedophilia reply that chil- sexual experience he had with a karate in- Men’s Health Crisis), have made him some- dren are capable, from infancy on, of show- structor when he was 10. ‘‘I came on to him. thing of an anomaly in his chosen circles. ing reluctance.’’ Similarly, ‘‘critics of I knew what I was doing. I felt very empow- Between the 1970s and the dawn of AIDS, at pedophilia contend that children are easily ered. I felt I controlled the relationship, a time when most gay figures were proclaim- manipulated by adults—through threats, which is a good thing for a kid. It dispels the ing the joys of post-Stonewall ‘‘liberation,’’ through actual force, through verbal coer- belief that adults are always in power in Kramer, for his part, was nearly alone in em- cion, through money.’’ Here again, the other such relationships. You know, I led him phasizing its dark side. ‘‘Faggots,’’ for exam- side is allowed the last—and longest—word: around. I was the one in power.’’ ple—a controversial book then and now— ‘‘Champions of pedophilia (and many other Well, boys just want to have fun—or, as the concerns the plight of a man looking for ho- people) argue that children are already ex- New Republic seems to have it, just boys mosexual love in the hedonistic heyday of ploited by adults in our society—they are want to have fun. It is ‘‘plausible,’’ Rosin Manhattan and Fire Island. Kramer includes bullied by their parents, kept in financial muses, that ‘‘a teenage boy [emphasis added] a number of scenes in which older men drug, and legal subjugation, frequently battered. might agree to sex with an older man.’’ flatter, and seduce teenage boys. Most And they have little legal recourse in at- Similarly, though she notes approvingly prominent among these is a 16-year-old tempting to escape punitive adults. . . . that, for example, the age of consent in the named Timmy, who is initiated into the high They can’t vote, they can’t drink, they can’t Netherlands is twelve, she nowhere advo- life at a party by a series of experienced men run away, they can’t enter certain movie cates changing the age-of-consent laws for and finally ‘‘devoured’’ by ten at one time. theaters, they can’t refuse to go to school, girls. And she certainly shies away from sug- In the course of this brutal description—one they can’t disobey curfew laws—and they gesting that the figure of the ‘‘budding of several in the book involving adolescent can’t determine their own sexual needs and young stud’’ might be interchangeable with boys—Kramer repeatedly invokes the appeal preferences. Pedophiles find it ironic that that of a ‘‘budding young slut’’—a phrase of Timmy’s ‘‘beauty,’’ his ‘‘teenage skin,’’ our society should be so worked up over the whose appearance would surely have in- his status as ‘‘forbidden fruit.’’ One by one, issue of sexual exploitation of children and curred the wrath of a good many New Repub- the men at the party succumb to Timmy’s so unconcerned with all other (and possibly lic readers. ‘‘Chickenhawk’’ itself, interest- charms, including even the most macho of more damaging) forms of exploitation. If ingly enough, passed almost without com- them all (‘‘the Winston Man’’), who finds anything, the pedophiles argue, sex may be the ment from those same subscribers. himself ‘‘excited in a way that he has not one way in which children can win serious con- been since’’ high school. KIDS WANT TO PLEASE YOU sideration from adults and function with them Timmy’s fate in the course of the book, it Actually, these latest attempts to manage on an equal plane; if a child is your lover, you should be added, is not a happy one. Is Kra- a good word for pedophilia are not quite as will treat him with respect.’’ [emphasis added] mer implying that such is the price paid for au courant as they first appear. Similar And where does our narrator locate himself decadence, or is there tacit empathy in his themes have been floated for years by a num- between these camps? ‘‘I am not in the busi- depictions of Timmy’s many would-be ‘‘fa- ber of self-described, self-consciously gay ness of recommending guidelines for sex with thers’’? It is left to the reader to guess. Much writers—and not only by those on the cul- youngsters,’’ he writes coyly, for ‘‘I simply less ambiguous, at any rate, is the role tural fringe, but by several who have crossed haven’t gathered enough information about played by Timmy and other ‘‘youngsters’’ in over to the mainstream literary market. the various issues involved.’’ At the same the world that Faggots portrays. Perhaps the most prominent of these writ- time, though—or so the author insists—‘‘the Another celebrated gay author who ers is the acclaimed novelist and essayist Ed- question of sex with children remains’’; and broached the subject of sex with minors is H7528 CONGRESSIONAL RECORD — HOUSE July 12, 1996 the late Paul Monette. Monette’s 1988 book How did Kinsey and his team get away And there, to return to the figure of Larry Borrowed Time: An AIDS Memoir garnered a with it? ‘‘As we can see now,’’ wrote Tom Don McQuay, is where the matter of National Book Critics Circle Award nomina- Bethell in his excellent review of the Kinsey pedophilia chic would seem to stand. In one tion and was acclaimed by many as ‘‘one of facts for the May 1996 American Spectator, corner, enraged parents from across the the most eloquent works to come out of the ‘‘science had vast prestige at the time and country screaming for help in protecting AIDS epidemic’’ (USA Today). His 1992 book Kinsey exploited it. Any perversion could be their children; in the other, desiccated Becoming a Man: Half a Life Story won the concealed beneath the scientist’s smock and salonistes who have taken to wondering lan- National Book Award. It is in this volume the posture of detached observation.’’ guidly whether a taste for children’s flesh is that Paul Monette, like Edmund White be- Yet if Kinsey is now suffering a public dis- really so indefensible after all. And they fore him, puts forth what would once have robing, his intellectual heirs display their wonder why there’s a culture war. been a controversial thesis about the sexual researches still. For a final model of f wants of prepubescent boys. ‘‘Nine is not too pedophilia chic—this one tricked out with young to feel the tribal call,’’ he notes early all requisite charts, tables, models, and talk EDUCATION IN AMERICA of methodology—consider a volume pub- on while recollecting his own childhood ad- The SPEAKER pro tempore. Under ventures with a boy his age. ‘‘Nine and a half lished in 1993 by Prometheus Books. As its is old enough,’’ he repeats later, adding the name seems to suggest, Prometheus is a pub- the Speaker’s announced policy of May by-now familiar note that ‘‘for me at least, lishing house of cutting-edge aspiration, 12, 1995, the gentleman from Georgia it was a victory of innocence over a world of whose backlist reveals its focus on issues [Mr. NORWOOD] is recognized for 30 min- oppression.’’ like paranormal psychology, freethinking, utes. Several chapters later, while reminiscing and humanism. And, oh yes, a trans-Atlantic Mr. NORWOOD. Mr. Speaker, I come about an aborted affair he had with a high- exploration of the virtues of pederasty called before the House today to speak on the school student while teaching at a boarding Children’s Sexual Encounters with Adults: A future of our Nation—and that future school, Monette sounds another theme that Scientific Study, by a trio identified as C.K. is our children, and whether they will once would have been guaranteed to shock: Li (‘‘a clinical psychologist in Paisley, Scot- that of the predatory, empowered adolescent. land’’), D.J. West (‘‘Emeritus Professor of have the same opportunity to live the ‘‘Behind the gritted teeth of passion,’’ writes Clinical Criminology at Cambridge Univer- American dream that all the members the author of his first sexual encounter with sity’’), and T.P. Woodhouse (‘‘a criminologi- of this House have enjoyed in our life- a particular boy, ‘‘I heard the ripple of cal research worker in Ealing, England’’). times. laughter, so one of us must have been having Like our other pioneering looks at sex Since the 104th Congress was sworn fun. Must’ve been Greg, for I was too busy with kiddies, Children’s Sexual Encounters into office a year and a half ago, we feeding on sin and death to play.’’ with Adults is sexually biased, concentrating have debated the issue of how best to ‘‘It was Greg who always chose the time,’’ as it does on the ‘‘startling contrast’’ be- he continues, adding dramatically, ‘‘I stood tween boys and girls when it comes to sex provide for our children’s education. ready to drop whatever I was doing. . . . I with grownups. (‘‘Surveys,’’ as the authors That is good. We need discourse and lived in thrall to Greg’s unpredictable explain at some length, ‘‘find that on the hotly contested ideas from both side of needs.’’ whole boys are less likely than girls to expe- the aisle if we are to forge a bipartisan, That is not to say that Paul Monette, at rience bad effects attributable to sexual inci- hopefully even a nonpartisan plan for the time, felt himself relieved of responsibil- dents with adults.’’) It is not sexual contacts ensuring that every American has the ity for the affair—far from it. ‘‘If I am par- per se that pose problems for children, the ticular about the fact of being seduced—put- education necessary to not just sur- authors argue, but rather the cultural preju- vive, but to succeed in a global econ- ting it all on him, the will and the dare and dices by which most members of society then the control—it doesn’t mean I didn’t judge such acts. ‘‘The damaging effects on omy. feel the guilt. . . . I had become the thing children of intimate but non-penetrative But, Mr. Speaker, we cannot have the heteros secretly believe about everyone contacts with adults,’’ note the authors in a that needed discourse while the debate gay—a predator, a recruiter, an indoctrina- section on ‘‘cultural relativity,’’ ‘‘are clearly is fraught with distortions and politi- tor of boys into acts of darkness.’’ But this psychological rather than physical and to a cal rhetoric, and that is where we find self-recrimination, he goes on to reveal, was considerable extent dependent upon how simply false consciousness. For finally, ‘‘I ourselves today. So I would like to such situations are viewed in the society in begin by reviewing exactly what edu- don’t think that now. Twenty years of listen- which the child has been brought up.’’ ing to gay men recount their own adolescent Again, and as Hanna Rosin and NAMBLA cational reforms have been passed by seductions of older guys has put it all in a fans everywhere will appreciate, the study this House over the last 18 months. different light.’’ also emphasize the positive side of man-boy Under the Balanced Budget Act, total Have all these trial balloons just passed love for the boy in question. As one typical student loan volume was scheduled to without comment over the public head? One paragraph has it: grow from last year’s $24 to $36 billion of the few critics to have taken notice is ‘‘There is a considerable amount of evi- in 2002. That’s a 50-percent growth in Bruce Bawer, who in his 1993 book, A Place dence that some boys are quite happy in re- at the Table castigates Edmund White in spending. The school lunch program lationships with adult homosexual men so was approved for a 36-percent increase particular for his advocacy of man-boy sex. long as the affair does not come to light and Such radicalism, Bawer argues, is part of the cause scandal or police action. . . . The great over the same period, with the States twisted legacy of the closet—a legacy that majority [of boys in a 1987 study] came from allowed to run their lunchrooms with- has forced ‘‘subculture’’ writers like White apparently normal homes, but were pleased out Federal interference for the first to evermore in-your-face positions on ac- to have additional attention and patronage time in decades. count of their oppression by the rest of soci- from a devoted adult and willingly went The maximum annual Pell grant ety. along with his sexual requirements.’’ But writers have from time immemorial amount for low-income college stu- Parents everywhere will be relieved to dents was raised to the highest level in endured oppression—including jail time and learn that pedophiles themselves are not the execution—without leaping to the defense of predators of popular imaginings, but conge- history at $2,400 per student. pedophilia. And what kind of ‘‘oppression’’ is nial well-wishers much like Edmund White’s The House approved sweeping, and it, exactly, that confers fame, fortune, criti- alluring Petrouchka. ‘‘Men who approach long-needed reforms in the way inter- cal raves, national awards, and—in the case boys,’’ the social scientists write in conclu- est is calculated on some of the loans. of Edmund White—a Guggenheim fellowship sion, ‘‘are generally looking for what Under the proposed changes, no stu- and anointment as a Chevalier de l’Ordre des amounts to a love relationship.’’ Thus, ‘‘they Arts et Lettres? dent would have paid any interest on employ gradual and gentle persuasion. The their loans while they were still in PEDOPHILE SCIENCE average pederast is no more seeking a rape- school. But graduate students would Actually, even the likes of White were style confrontation than is the average het- being more derivative than they would ever erosexual when looking for a congenial adult have been required to pay back the in- like to believe. Hands down, if you’ll pardon partner . . .’’ terest that accrued on their loans the expression, the real big daddy of At a time when almost every kind of advo- while they were getting their graduate pedophilia chic could only be the long-dead cacy comes equipped with statistical bat- degrees, after they graduated and got Alfred C. Kinsey. As Judith A. Reisman and teries, it should come as no surprise that jobs. Edward W. Eichel point out in their 1990 pedophiles and their allies, too, have ac- At present, working-class Americans expose´ Kinsey, Sex and Fraud, ‘‘It is Kinsey’s quired their own pseudo-scientific apparatus. are forced to subsidize that accrued in- work which established the notion of ‘nor- Only the unsophisticated would be surprised terest for doctors, lawyers, and Ph.D. mal’ childhood sexual desire’’—a notion that, to find such a numerological polemic put for- as their book documents, was field-tested on ward by a reputable publishing house and ad- recipients. It is just not right for some- the bodies of hundreds of children, most of vertised in the Barnes and Noble book cata- one earning minimum wage to be pay- them boys, in ways that might today be con- log. But then, only the unsophisticated stand ing the loan cost for someone earning sidered imprisonable offenses. in need of the reeducation its pages offer. six-figures. The budget we passed last July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7529 year would have put an end to the $372 million in just 1 year. It duplicates Why the extraordinary fight over a practice, and saved our children $10 bil- other Federal efforts, creates a mul- program that could at most impact lion they would not have had to pay titude of new bureaucracies, but has no only 2 percent of students in a single back with interest. The demagogs in real impact on day-to-day learning. school district? Because the National Congress call this cutting. And the attempts of the program to re- Education Association decided to make As to the Direct Loan Program, the vise American history to reflect the this a litmus test. Their chief lobbyist budget would have brought that to a new politically correct themes of the told the Washington Post on February halt. Since the very inception of Fed- far-left have been so inflammatory 28 that ‘‘It is much bigger than D.C.’’ eral student aid, loans have success- they were voted down in the Senate by And when Washington’s NEA office fully been processed through private a 99-to-1 vote. So the new plan con- says ‘‘jump,’’ the Washington bureauc- lenders. It is amazing that while the tained not one penny for Goals 2000. racy says ‘‘how high?’’ Federal Government is doing every- The defenders of the failed status-quo The reason, as U.S. News and World thing possible to downsize and pri- in education have tried to convince the Report recently explained, is that—and vatize, and the President himself tells American people that Republicans I quote: us that the era of big Government is would undermine education by holding The NEA has wedded itself to the Demo- over in his State of the Union Address, down the massive spending increases cratic Party . . . teacher unions have used the Clinton administration continues that the Clinton administration had their resources to fight reform—and their re- to launch new big government pro- planned. But maybe they should in- sources are vast. The union’s palatial Wash- grams, seeking to federalize what is stead answer the question of why we ington, D.C. headquarters, renovated in 1991 at a cost of $52 million, is a testament to its now in the private sector. should spend more taxpayer money when our Federal dollars have failed to power in national politics. The union handed The education plan that passed this out $8.9 million to congressional candidates House last year would have made the achieve positive results, year after between 1989 and 1995, only a fraction of it to same student loans available from the year after year. Republicans. And the Clinton White House is same sources as they have been for the This plan to bring our educational ef- banking on the NEA playing a big role in past 30 years. forts into line with our ability to fund this year’s presidential campaign. For those who love to cry out against them, and with the level of achieve- According to the Education Policy mean-spirited Republican cuts, I’m ment of our programs, now sits in Institute, NEA and its related edu- proud to say that although there was limbo, vetoed by the President. cational PAC’s spend $40 million a year absolutely not one nickle of cuts in But the educational reforms in the on the national level lobbying for their Balanced Budget Act are not the only overall spending, there were, indeed agenda, 98 percent of which goes to efforts undertaken by this Congress to cuts in areas that badly needed cut- Democrats. And with a total budget of ting. The Head Start Program was slat- improve the way our children learn. A major battle in the effort took $1.2 billion a year, the amount of over- ed for a true 4-percent reduction in place just this spring here in Washing- all political impact this special inter- funding, which is well warranted, ac- ton, and most of the Nation missed it. est exerts on our children’s education cording to Head Start Founder Edward It was the latest round in the fight is beyond measure. Zeigler, who I quote: What these objections are really over over who has the ultimate authority is not the education of children. It is If 30 percent of the programs closed down, over a child’s education and future— there would be no great loss * * * Until the the parent or the Federal Government. over the billions spent every year on program has reached a certain level of qual- Federal allocations for education pro- ity, they shouldn’t put one more kid in it. This House provided funds for Wash- ington’s public schools to offer a small grams at dozens of Federal agencies. Indeed, over the last 6 years, Head pilot school choice program, that And billions ultimately find their way, Start enrollment has grown by 39 per- would allow about 2 percent of all directly and indirectly, into the coffers cent, while spending has increased 186 Washington, DC, school children to at- of the NEA and their members. The percent. That kind of out-of-control tend better schools, and then only if greatest fear of the NEA is that grant- spending has to stop, and the plan we local school board members choose to ing freedom to families to choose passed would have brought it to a use the plan. where their child is educated will cut screeching halt. For those students locked into at- off the flow of those funds, and their There were also real cuts in spending tendance at the worst public schools in ability to control the educational agen- for the U.S. Department of Education, the District, vouchers would be pro- da of the Nation. which would have taken an 11 percent vided to pay for transportation to al- As long as the liberal trend towards reduction in funding. Since it was cre- ternate public schools, or for transpor- federalization of our local schools con- ated in 1979, the Department of Edu- tation and tuition at private schools. tinue, the NEA’s feast on largesse at cation has spent $342 billion without The program, similar to one in Mil- the Federal trough will continue. Any any evidence the money has improved waukee and nearly two dozen other increase in parental or local control of education in any way. Even the liberal communities, was designed to give poor those funds stands diametrically op- Washington Post wrote in a December parents the same power and freedom of posed to their goal of dominating the editorial: ‘‘America’s schools are not education that rich parents have. It educational industry. noticeably better because a Depart- would have improved public schools by However, a clarification of how this ment of Education was created.’’ making them compete for students, debate is currently framed is badly Why hasn’t the Department of Edu- and most importantly, by giving stu- needed. Those on both sides of the issue cation helped improve our children’s dents the opportunity for a better qual- of school choice often make the same education? Because of simple econom- ity education. mistake. It is not an issue of public ics—you cannot take money from tax- Unfortunately, there are those here versus private education. It is a ques- payers across the country, send it to inside-the-beltway who are adamantly tion of how to provide the best edu- Washington, DC, then send it back to opposed to fairness and equality of op- cation possible for every child in this the States, and not lose most of the portunity. After stalling the D.C. budg- country. original money in the process. Accord- et for months over this single issue, As we face the educational challenges ing to the Congressional Research liberal Senate Democrats under pres- facing us in an era of global competi- Service, of every dollar we send to the sure from President Bill Clinton voted tion, we can no longer afford the illu- Department of Education here in Wash- to filibuster the bill, which prevented sion that we have competing school ington, only 23 cents ever finds it’s way it from even coming to the floor for a systems. We have one educational sys- back to our local schools. That’s not vote. The White House announced it tem in America, and it includes public, efficient, and that’s not how to com- would have vetoed the entire bill over private, and home schooling, and we pete in a global economy. this tiny pilot project, even though the have to maintain the openmindedness Now, there is one program that is District’s local political leaders begged to rethink our approach on a child-by- eliminated entirely under the balanced for passage. The White House, liberal child level. budget plan—Goals 2000. That program Senate Democrats, and the NEA won, For most of our Nation’s children, has skyrocketed in cost from $87 to and Washington’s schoolchildren lost. public education provides a quality H7530 CONGRESSIONAL RECORD — HOUSE July 12, 1996 learning experience with a multitude $204 million for Clinton’s Americorps That would mean free college for of resources often not found in smaller volunteer program that is costing us every child who can pass the courses, private schools or a home schooling en- nearly $30,000 a year per volunteer. not just as undergraduates, but vironment. Those children will likely, Another $42 million for Volunteers in through the doctoral level including and should, continue in their current Service in America. medical and law school. And not just schools even if vouchers are available. $71 million for the Foster Grand- tuition, but dormitories and meals, But for many disadvantaged youth parent Program. rooms, books, lab fees, research, field trapped in inner-city schools overrun $10 million for the Inexpensive Book trips, everything. And this absolutely with drugs and violence, the ability to Distribution Program—which is an revolutionary, quantum leap forward, have a choice would, with absolute cer- oxymoron if one ever existed. could be funded with what we are al- tainty, greatly improve their ability to $48 million for the National Center of ready spending. learn. Education Statistics. Now take a long hard look at that $8 million for the National Education And for children with special needs list of where that money goes now. Dissemination System. or talents, the ability to choose both Comparing the options, which do you $311 million for bilingual and immi- public and private alternate schools, or think will help our children best pre- home schooling, would allow them to grant education. $86 million for Educational Research pare for a global, high technology econ- progress far beyond the level of our omy in the 21st century? ‘‘one-size-fits-all’’ current policy. and Development. $1 million for the Institute of Inter- I implore my friends on both sides of All this is representative of just how the aisle to stand up against the spe- distorted the debate over education has national Public Policy. cial interests, face the future with become. Instead of focusing on improv- $16 million for National AIDS Edu- courage and an open mind instead of ing our children’s learning levels, suc- cation and Training Centers. fear, and join the fight to bring our cess is measured by programs and dol- $180 million for Family Planning schools out of the failed ways of the lars spent, and by squashing reforms Services. $18 million for overseas schools and past, and into a future that is limited that threaten the monopoly held by colleges. only by our ability to see it. powerful special interest groups. It’s a And this is just the tip of the iceberg. Mr. Speaker, it’s time to make edu- debate that I hope changes this year. Mr. Speaker, we need to shift the Now, to be sure, there are some very cation be about our children again—in- focus of Federal education policy back worthwhile expenditures included in stead of just about supporting bureauc- to parents, communities, and States— the totals, such as funding for our Na- racy. tion’s military academies, along with in that order. We need to encourage re- f form efforts like school choice. And research grants to colleges and univer- sities from which we derive direct ben- most importantly, we hope that when LEAVE OF ABSENCE our efforts are done, children will begin efits in many areas of our lives. By unanimous consent, leave of ab- to learn again in even the poorest and But imagine what we could do to im- sence was granted to: most disadvantaged school districts. prove our children’s education if we re- Meanwhile, both the President and turned this fortune to our local Mr. FIELDS of Louisiana (at the re- the Vice President continue to send schools. quest of Mr. GEPHARDT) for today, on their children to private schools in- If my home State of Georgia’s share account of official business. stead of the District of Columbia pub- is calculated on the same percentage as Mr. HALL of Ohio (at the request of lic school system, in spite of denying the formula agreed on for Medicaid Mr. GEPHARDT) for today, on account of that same choice for thousands of poor funding by the Nation’s 50 governors, a death in the family. children in the same city. including Georgia’s Democratic Gov- Mr. ENSIGN (at the request of Mr. But Mr. Speaker, we need to be will- ernor Zell Miller for my friends on the ARMEY) for today, on account of per- ing to look beyond the issue of just other side of the aisle, this comes to an sonal reasons. school choice, and into what our States astounding $3.16 billion a year in edu- Mr. FLANAGAN (at the request of Mr. and communities can accomplish if we cation money for Georgia. And I be- ARMEY) for today, on account of at- return real educational freedom to this lieve my colleagues from both parties tending funerals. will find the following amazing sce- land. For the last 30 years, we have f seen our educational system decline, to nario would ring true for their States a point that many Americans are los- as well as Georgia. SPECIAL ORDERS GRANTED ing hope that their children will have a Bill Alred, statistical analyst for the future. But if we are just willing to Georgia Department of Education in By unanimous consent, permission to cast aside the political blinders, we Atlanta, says Georgia school systems address the House, following the legis- will find that we have an unlimited op- spend a grand total of $5.3 billion on lative program and any special orders portunity to bring real improvement to grades Pre-K through 12 in fiscal year heretofore entered, was granted to: our Nation’s schools. 1994, the last year for which full statis- (The following Members (at the re- For the last year the House Eco- tics are available. If we kept the money quest of Ms. ROYBAL-ALLARD) to revise nomic and Educational Opportunities at home instead of sending it to Wash- and extend their remarks and include Committee has been trying to deter- ington, we could cover nearly 60 per- extraneous material:) mine just how much, and where, the cent of the total cost of elementary Ms. DELAURO, for 5 minutes, today. Federal government has been spending and secondary education in Georgia. Ms. ROYBAL-ALLARD, for 5 minutes, on education. What we have discovered Even more astounding is the impact today. is beyond belief. the Federal spending could have on our Mr. WISE, for 5 minutes, today. Last year, 39 separate agencies of the Georgia colleges and universities. Mr. PALLONE, for 5 minutes, today. Federal Government were allocated Roger Mosshard, assistant vice chan- (The following Members (at the re- over $120 billion for at least 763 edu- cellor of budgets with the Georgia quest of Mr. ROHRABACHER) to revise cation programs. And the nonpartisan State Board of Regents, says Georgia’s and extend their remarks and include Congressional Research Service told us university system took in around $2.5 extraneous material:) they believe there are probably several billion last year from all sources, in- Mr. WOLF, for 5 minutes, today. hundred more programs that they have cluding tuition fees; payments for Mr. BURTON, for 5 minutes, today. yet to find. room and books; Federal, State, and Mr. ROHRABACHER, for 5 minutes, And what are some of the things that private grants; and direct funding. today. we are spending this educational If we kept the Federal spending at Mr. HOKE, for 5 minutes, today. money on today? home, Georgia could fund its entire (The following Member (at his own $3 million for the Intergovernmental university system with over $500 mil- request) to revise and extend his re- Climate Program. lion to spare, and I think that many of marks and include extraneous mate- $1 billion for the Labor Department’s you would find the same true in your rial:) Job Corps Training Programs. State. Mr. RIGGS, for 5 minutes, today. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7531 EXTENSION OF REMARKS As I listen to the dire predictions, God’s name could a question like this By unanimous consent, permission to the ‘‘sky is falling’’ rhetoric and hate- be divided along partisan lines. There revise and extend remarks was granted ful pronouncements, I am reminded of is nothing inherently partisan that I to: one of the greatest declarations in our know of about sexual orientation. I do (The following Members (at the re- Nation’s history: We have nothing to not believe that there is some kind of quest of Ms. ROYBAL-ALLARD) and to fear but fear itself. We have nothing to a misdivision of this question between include extraneous matter:) fear, Mr. Chairman. Same-sex marriage the aisles, and yet there is a strange Mr. SERRANO. is legal in no jurisdiction in the United imbalance here in the debate and the Mr. JACKSON of Illinois. States. We have nothing to fear. tone and quality of the debate. Mrs. MALONEY. The Hawaii case, Bare versus Lewin I want to salute some of the folks Mr. ORTIZ. decided 3 years ago and making its way who have spoken over here, the distin- Mr. STARK. through the appeals process, will not guished gentleman from Georgia. We Mr. SCHUMER. be finally resolved for some time. have talked about this before. I Mr. JACOBS. There is no crisis. We have nothing to marched, although he did not know it Mr. MENENDEZ. fear. Eleven States have already in- at the time, with him in 1963 in the Mr. HINCHEY. voked their unquestioned power and city with Dr. King. I was about as far Mr. MATSUI. enacted laws, objected to same-sex from Dr. King as I am from the gen- Mr. BENTSEN. marriage. There is no need for new tleman from Georgia when he delivered (The following Members (at the re- laws. We really have nothing to fear. that extraordinary speech. quest of Mr. ROHRABACHER) and to in- Loving, long-term relationships be- Two years later I marched, although clude extraneous matter:) tween men and women or between the gentleman did not know it, behind Mr. DIAZ-BALART. same-sex couples do not threaten our him from Selma to Montgomery. A few Mr. ENGLISH of Pennsylvania. children, our families or our commu- years after that, when it was the first Mr. QUINN. nities. On the contrary, stable relation- march for gay and lesbian rights in Mr. ENSIGN. ships enhance society’s ability to raise Washington in 1979, I was a Member of Mr. GUNDERSON. healthy, engaged, and productive citi- Congress too damn frightened to march Mr. COLLINS of Georgia. zens. There is no problem. We have for my own civil rights. Actually, I Mr. ALLARD. nothing to fear but fear itself. changed my jogging path so that I Mr. SCARBOROUGH, in three instances. Many Members of this Chamber are could come within view of the march. I Mr. SHAW. simply afraid to face the changes that thought that was very brave of me at Mr. BILIRAKIS. are taking place in our society. We the time. Mr. HASTERT. cannot run away from change, Mr. But what I know is, because I had f Chairman. We cannot embrace fear and heard people like the gentleman from scare tactics as society advances and Georgia and because I am of the gen- BILLS PRESENTED TO THE eration, and there were many, who evolves. We have a responsibility to PRESIDENT were inspired by Dr. King is that this represent all Americans, as Members of Mr. THOMAS, from the Committee is, as someone has said, the last unfin- the House of Representatives. Let us on House Oversight, reported that that ished chapter in the history of civil not be guided by prejudice, ignorance, committee did on this day present to rights in this country, and I know how and fear. Let us not use a segment of the President, for his approval, bills of it is going to come out. I do not know our population to employ a political the House of the following titles: if I am going to live to see the ending, strategy for this election year. Let us but I know what the ending is going to H.R. 419. An act for the relief of Bench- act with compassion, strengthen vi- mark Rail Group, Inc, and be. There is, as the gentleman said be- sion. H.R. 701. An act to authorize the Secretary fore me change, there has always been We have nothing to fear but fear, Mr. of Agriculture to convey lands to the city of change. Rolls, Missouri. Chairman. Oppose this bill. As I observed earlier, the men who Mr. FRANK of Massachusetts. Mr. (The following Members (at the re- wrote the Constitution, to which we all Chairman, to close for our side, I yield quest of Mr. NORWOOD) and to include swear our oath here, many of them extraneous matter:) my remaining time to the gentleman owned slaves. Slavery was referred to from Massachusetts [Mr. STUDDS], my Mr. MCINTOSH, in two instances. specifically in the Constitution. People friend and colleague. Mr. TATE. of color were property when this coun- (Mr. STUDDS. asked and was given Mr. BLUTE. try was founded. permission to revise and extend his re- Mr. MCDERMOTT. f Mr. FARR in California. marks.) Mr. PASTOR. Mr. STUDDS. Mr. Chairman, some- ADJOURNMENT Mr. TORRES. body may wonder why I or my col- Mr. NORWOOD. Mr. Speaker, I move Mr. MURTHA. league from Massachusetts [Mr. that the House do now adjourn. Mrs. CLAYTON. FRANK] have not taken greater per- The motion was agreed to; accord- Mr. HOKE. sonal umbrage at some of the remarks ingly (at 4 o’clock and 47 minutes p.m.) Mr. VENTO. here. I was thinking a moment ago under its previous order, the House ad- Mr. FIELDS of Texas. that there might even be grounds to re- journed until Tuesday, July 16, 1996, at Mr. SCHUMER. quest that someone’s words be taken 10:30 a.m. for morning hour debates. Mr. KOLBE. down because my relationship, that of f Ms. JACKSON-LEE of Texas. the gentleman from Massachusetts EXECUTIVE COMMUNICATIONS, f and, I suspect, others in the House, was referred to, among other things, I be- ETC. OMISSION FROM THE RECORD lieve, as perverse. Surely if we had used Under clause 2 of rule XXIV, execu- The following was inadvertently those terms in talking about anyone tive communications were taken from omitted from the RECORD of Thursday, else around here, we would have been the Speaker’s table and referred as fol- July 11, 1996, at Page H7447. sat down in one heck of a hurry. lows: Mr. CANADY of Florida. Mr. Chair- I am not taking this personally, be- 4118. A letter from the Assistant to the man, I reserve the balance of my time. cause I happen to be able, I hope, to Board, Federal Reserve System, transmit- Mr. FRANK of Massachusetts. Mr. put this in some context. I would ask ting the Board’s final rule—Management Of- Chairman, I yield 2 minutes to the gen- those, anyone listening to this debate ficial Interlocks Docket Number R–0907—re- ceived July 11, 1996, pursuant to 5 U.S.C. tlewoman from California [Ms. WA- this hour of the morning, to listen 801(a)(1)(A); to the Committee on Banking TERS carefully to the quality and the tone of ]. and Financial Services. Ms. WATERS. Mr. Chairman, I rise in the words over here and the quality of 4119. A letter from the Assistant Secretary, strong opposition to the so-called De- the tone of the words over here. I Department of Education, transmitting no- fense of Marriage Act. would also ask people to wonder how in tice of final priority for school-to-work H7532 CONGRESSIONAL RECORD — HOUSE July 12, 1996 urban/rural grants using fiscal year [FY] 1995 4129. A letter from the Acting Director, De- form management of livestock grazing on funds, pursuant to 20 U.S.C. 1232(f); to the fense Security Assistance Agency, transmit- Federal land, and for other purposes; with an Committee on Economic and Educational ting notification of a cooperative agreement amendment (Rept. 104–674, Pt. 1). Referred to Opportunities. between the United States and Israel for the Committee of the Whole House on the 4120. A letter from the Administrator, En- technology research and development State of the Union. ergy Information Administration, transmit- projects [TRDP] (Transmittal No. 14–96) re- Mr. CLINGER: Committee on Government ting the Administration’s report entitled ceived July 12, 1996, pursuant to 22 U.S.C. Reform and Oversight. H.R. 3586. A bill to ‘‘Uranium Purchases Report 1995,’’ pursuant 2767(f); to the Committee on International amend title 5, United States Code, to to 42 U.S.C. 2296b–5; to the Committee on Relations. strengthen veterans’ preference, to increase Commerce. 4130. A letter from the Acting Director, De- employment opportunities for veterans, and 4121. A letter from the Director, Office of fense Security Assistance Agency, transmit- for other purposes; with an amendment Regulatory Management and Information, ting notification concerning the Department (Rept. 104–675). Referred to the Committee of Environmental Protection Agency, transmit- of the Air Force’s proposed Letter(s) of Offer the Whole House on the State of the Union. ting the Agency’s final rule—Approval and and Acceptance [LOA] to Greece for defense f Promulgation of Implementation Plans; articles and services (Transmittal No. 96–57), California State Implementation Plan Revi- pursuant to 22 U.S.C. 2776(b); to the Commit- PUBLIC BILLS AND RESOLUTIONS sion, El Dorado County Air Pollution Con- tee on International Relations. trol District, Placer County Air Pollution 4131. A letter from the Comptroller General Under clause 5 of rule X and clause 4 Control District, and Ventura County Air of the United States, transmitting a report of rule XXII, public bills and resolu- Pollution Control District (FRL–5464–6) re- entitled, ‘‘Financial Audit: Examination of tions were introduced and severally re- ceived July 12, 1996, pursuant to 5 U.S.C. IRS’ Fiscal Year 1995 Financial Statements’’ ferred as follows: 801(a)(1)(A); to the Committee on Commerce. (GAO/AIMD–96–101) July 1996, pursuant to 31 By Mr. BUYER: 4122. A letter from the Director, Office of U.S.C. 9106(a); to the Committee on Govern- H.R. 3799. A bill to amend title 49, United Regulatory Management and Information, ment Reform and Oversight. States Code, to exclude not-for-hire trans- Environmental Protection Agency, transmit- 4132. A letter from the Chair, Federal Sub- portation of agriculture production mate- ting the Agency’s final rule—Approval and sistence Board, transmitting the Board’s rials from regulation under the Hazardous Promulgation of Air Quality Implementa- final rule—Subsistence Management Regula- Materials Transportation Act; to the Com- tion Plans; Illinois: Motor Vehicle Inspec- tions for Public Lands in Alaska, Subpart C mittee on Transportation and Infrastruc- tion and Maintenance (FRL–5532–3) received and Subpart D—1996–1997 Subsistence Taking ture. July 12, 1996, pursuant to 5 U.S.C. of Fish and Wildlife Regulations (RIN: 1018– By Mr. WAMP: 801(a)(1)(A); to the Committee on Commerce. AD42) received July 12, 1996, pursuant to 5 H.R. 3800. A bill to amend the Federal Elec- 4123. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Re- tion Campaign Act of 1971 to prohibit politi- Regulatory Management and Information, sources. Environmental Protection Agency, transmit- 4133. A letter from the Assistant Attorney cal action committees from making con- ting the Agency’s final rule—Approval and General, Department of Justice, transmit- tributions or expenditures for the purpose of Promulgation of Implementation Plans; Ten- ting the Department’s annual report on the influencing elections for Federal office, and nessee: Approval of Revisions to the Ten- Asset Forfeiture Program fiscal year 1994, for other purposes; to the Committee on nessee SIP Regarding Construction Permits pursuant to 28 U.S.C. 524(c)(6)(A); to the House Oversight. and Volatile Organic Compounds (FRL–5533– Committee on the Judiciary. By Mr. KLECZKA (for himself and Mr. 5) received July 12, 1996, pursuant to 5 U.S.C. 4134. A letter from the Assistant Secretary SENSENBRENNER): 801(a)(1)(A); to the Committee on Commerce. of Defense for Force Management Policy, De- H.R. 3801. A bill to amend the Internal Rev- 4124.A letter from the Director, Office of partment of Defense, transmitting the De- enue Code of 1986 to provide that the furnish- Regulatory Management and Information, partment’s report on the Civilian Separation ing of recreational fitness services by tax-ex- Environmental Protection Agency, transmit- Pay Program, pursuant to 5 U.S.C. 5597 note; empt hospitals shall be treated as an unre- ting the Agency’s final rule—Approval and jointly, to the Committees on National Secu- lated trade or business and that tax-exempt Promulgation of Air Quality Implementa- rity and Government Reform and Oversight. bonds may not be used to provide facilities tion Plans; Washington: Revision to the 4135. A letter from the Administrator, Fed- for such services; to the Committee on Ways State Implementation Plan Vehicle Inspec- eral Aviation Administration, transmitting and Means. tion and Maintenance Programs (FRL–5514– the Administration’s report on the research By Mr. TATE (for himself, Mr. HORN, 4) received July 12, 1996, pursuant to 5 U.S.C. program on Quiet Aircraft Technology for Mrs. MALONEY, and Mr. PETERSON of 801(a)(1)(A); to the Committee on Commerce. Propeller-Driven Airplanes and Rotorcraft, Minnesota): 4125. A letter from the Director, Office of pursuant to Public Law 103–305 section 308(a) H.R. 3802. A bill to amend section 552 of Regulatory Management and Information, (108 Stat. 1593); jointly, to the Committees title 5, United States Code, popularly known Environmental Protection Agency, transmit- on Transportation and Infrastructure and as the Freedom of Information Act, to pro- ting the Agency’s final rule—Approval and Science. vide for public access to information in an Promulgation of Implementation Plans and 4136. A letter from the Railroad Retire- electronic format, and for other purposes; to Designation of Areas for Air Quality Plan- ment Board, transmitting a report on the ac- the Committee on Government Reform and ning Purposes; State of Louisiana; Correc- tuarial status of the Railroad Retirement Oversight. tion of Classification; Approval of the Main- System, including any recommendations for By Mr. BARTON of Texas (for himself, tenance Plan; Redesignation of Pointe financing changes, pursuant to 45 U.S.C. 321f– Mr. GOODLING, Mr. CLAY, Mr. ED- Coupee Parish to Attainment for Ozone 1; jointly, to the Committees on Transpor- WARDS, Mr. LAUGHLIN, Mr. BONILLA, (FRL–5531–4) received July 12, 1996, pursuant tation and Infrastructure and Ways and Mr. BEREUTER, Mr. FIELDS of Texas, to 5 U.S.C. 801(a)(1)(A); to the Committee on Means. Mr. MONTGOMERY, Mr. ACKERMAN, Commerce. f Mr. PETE GEREN of Texas, Mr. WIL- 4126. A letter from the Acting Director, De- SON, Mr. WATTS of Oklahoma, Mr. fense Security Assistance Agency, transmit- REPORTS OF COMMITTEES ON GREENWOOD, Mr. BOEHLERT, Mr. EHR- ting notification concerning the Department PUBLIC BILLS AND RESOLUTIONS LICH, Mr. GONZALEZ, Mr. WELLER, Mr. FROST, Mr. BENTSEN, Mr. DE LA of the Navy’s proposed Letter(s) of Offer and Under clause 2 of rule XIII, reports of Acceptance [LOA} to Japan for defense arti- GARZA, Mr. SAM JOHNSON, Mr. SKEEN, cles and services (Transmittal No. 96–55), committees were delivered to the Clerk Mr. STENHOLM, Mr. TEJEDA, Mr. pursuant to 22 U.S.C. 2776(b); to the Commit- for printing and reference to the proper BATEMAN, Mrs. JOHNSON of Connecti- tee on International Relations. calendar, as follows: cut, Mr. GREEN of Texas, Mr. HALL of 4127. A letter from the Acting Director, De- Mr. LIVINGSTON: Committee on Appro- Texas, Mr. KING, Mr. THORNBERRY, fense Security Assistance Agency, transmit- priations. Report on the revised subdivision Mrs. VUCANOVICH, Mr. SMITH of ting notification concerning the Department of budget totals for fiscal year 1997 (Rept. Texas, Mr. COMBEST, Mr. CHAPMAN, of the Navy’s proposed Letter(s) of Offer and 104–672). Referred to the Committee of the Mr. BREWSTER, Mr. PORTMAN, Mr. Acceptance [LOA] to Spain for defense arti- Whole House on the State of the Union. BRYANT of Texas, Mr. SISISKY, Mr. cles and services (Transmittal No. 96–56), Mr. YOUNG of Alaska: Committee on Re- BARRETT of Nebraska, Mr. COLEMAN, pursuant to 22 U.S.C. 2776(b); to the Commit- sources. H.R. 3249. A bill to authorize appro- Mr. PACKARD, Mrs. KELLY, Mr. tee on International Relations. priations for a mining institute to develop STOKES, Mr. LINDER, and Mr. LIPIN- 4128. A letter from the Acting Director, De- domestic technological capabilities for the SKI): fense Security Assistance Agency, transmit- recovery of minerals from the Nation’s sea- H.R. 3803. A bill to authorize funds for the ting notification concerning the Department bed, and for other purposes; with amend- George Bush School of Government and Pub- of the Army’s proposed Letter(s) of Offer and ments (Rept. 104–673). Referred to the Com- lic Service; to the Committee on Economic Acceptance [LOA] to Greece for defense arti- mittee of the Whole House on the State of and Educational Opportunities. cles and services (Transmittal No. 96–58), the Union. By Mr. BONO: pursuant to 22 U.S.C. 2776(b); to the Commit- Mr. YOUNG of Alaska: Committee on Re- H.R. 3804. A bill to remove the restriction tee on International Relations. sources. S. 1459. An act to provide for uni- on the distribution of certain revenues from July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7533

the Mineral Springs parcel to certain mem- By Mr. JEFFERSON: H.R. 3706: Mr. SANDERS. bers of the Agua Caliente Band of Cahuilla H.R. 3813. A bill to authorize the Secretary H.R. 3714: Mrs. JOHNSON of Connecticut, Indians; to the Committee on Resources. of Transportation to issue a certificate of Mr. BALDACCI, and Mr. NEAL of Massachu- By Mr. BRYANT of Tennessee (for him- documentation with appropriate endorse- setts. self, Mr. CONYERS, Mr. WHITFIELD, ment for employment in the coastwise trade H.R. 3732: Mr. EHLERS. Mr. MANTON, and Mr. LARGENT): for the vessel Sea Sister; to the Committee on H.R. 3745: Mr. HOSTETTLER and Mr. ACKER- H.R 3805. A bill to establish procedures and Transportation and Infrastructure. MAN. remedies governing the relocation of certain f H.R. 3753: Mr. DURBIN and Mr. POMEROY. professional sports teams, and for other pur- poses; to the Committee on the Judiciary, ADDITIONAL SPONSORS H.R. 3757: Ms. SLAUGHTER. H.R. 3760: Ms. GREENE of Utah, Mr. and in addition to the Committee on Com- Under clause 4 of rule XXII, sponsors merce, for a period to be subsequently deter- BALLENGER, Mr. RIGGS, Mr. LIVINGSTON, Mr. mined by the Speaker, in each case for con- were added to public bills and resolu- FOX, Mr. KOLBE, Mr. WELDON of Pennsylva- sideration of such provisions as fall within tions as follows: nia, Mr. WALKER, Mr. ENGLISH of Pennsylva- the jurisdiction of the committee concerned. H.R. 188: Mr. JOHNSTON of Florida. nia, and Mr. CAMP. By Mr. MARTINEZ (for himself, Mr. H.R. 721: Mr. PALLONE. H.R. 3766: Mr. BEREUTER and Mr. PALLONE. KILDEE, and Mr. SCOTT): H.R. 773: Mr. GILCHREST. H.R. 3775: Mr. SOUDER, Mr. COMBEST, Mr. H.R. 3806. A bill to extend and amend the H.R. 820: Mr. PORTER, Mr. HAYES, Mrs. DAVIS, Mr. BRYANT of Tennessee, Mr. QUIL- programs under the Runaway and Homeless KENNELLY, Mr. LIVINGSTON, and Mrs. COLLINS LEN, Mr. WOLF, Mr. GREEN of Texas, Mr. Youth Act, to consolidate authorities for of Illinois. FUNDERBURK, and Mr. COBLE. programs for runaway and homeless youth, H.R. 1100: Mr. LIPINSKI and Mr. HINCHEY. H.R. 3783: Mr. WELLER, Mr. FOLEY, Mr. H.R. 1127: Mrs. MYRICK. and for other purposes; to the Committee on MOORHEAD, Mr. BROWNBACK, Mr. DUNCAN, Mr. H.R. 1591: Mr. VISCLOSKY, Mr. MENENDEZ, Economic and Educational Opportunities. MANZULLO, Mr. VOLKMER, Mr. HERGER, Mr. and Mr. COYNE. By Mr. MCDERMOTT (for himself, Mr. SOLOMON, and Mr. SKEEN. GIBBONS, Mr. RANGEL, Mr. STARK, Mr. H.R. 2011: Ms. PRYCE, Mr. FLAKE, Mr. HAST- H.R. 3798: Mr. FLAKE, Mr. RAHALL, and Mr. MATSUI, Mrs. KENNELLY, Mr. COYNE, INGS of Florida, and Mr. GUTIERREZ. CLAY. Mr. LEWIS of Georgia, and Mr. NEAL H.R. 2065: Ms. DELAURO. H.J. Res. 26: Mr. TIAHRT. of Massachusetts): H.R. 2209: Mr. VOLKMER and Mrs. COLLINS H.R. 3807. A bill to amend the Internal Rev- of Illinois. H. Con. Res. 83: Ms. FURSE. enue Code of 1986 to allow penalty-free with- H.R. 2472: Mr. TOWNS and Ms. MCCARTHY. H. Con. Res. 180: Mr. SKELTON, Mr. GRA- drawals from certain retirement plans dur- H.R. 2697: Mrs. LOWEY. HAM, Mr. WATTS of Oklahoma, Mr. SOLOMON, ing periods of unemployment; to the Com- H.R. 2748: Mr. FILNER, Mr. CARDIN, Mr. Mr. MCNULTY, Mr. KING, Mr. HORN, Mr. LI- mittee on Ways and Means. COYNE, Mr. BREWSTER, Ms. DANNER, Mr. PINSKI, Mr. ENGLISH of Pennsylvania, and By Mr. MOORHEAD (for himself, Mr. YATES, and Mr. KENNEDY of Massachusetts. Mrs. KELLY. HYDE, Mrs. SCHROEDER, and Mr. CON- H.R. 2807: Mr. JEFFERSON, Mr. BACHUS, and H. Res. 399: Ms. FURSE. YERS): Mr. ANDREWS. H. Res. 464: Mr. GILMAN. H.R. 3808. A bill to establish the Intellec- H.R. 2900: Mr. YOUNG of Alaska, Mrs. MEY- ERS of Kansas, and Mr. FROST. tual Property Assembly of the Americas and f to provide for participation in the assembly H.R. 2911: Mr. FAWELL. by the U.S. Delegation; to the Committee on H.R. 2960: Mrs. JOHNSON of Connecticut. International Relations. H.R. 2976: Mrs. MYRICK and Mr. WELLER. DISCHARGE PETITIONS— By Mr. PALLONE (for himself, Mr. H.R. 3000: Mr. PARKER, Mr. DE LA GARZA, ADDITIONS OR DELETIONS WYNN, Mr. KLUG, Mr. CANADY, and Mr. LARGENT, Mr. BROWN of Ohio, Mr. EVANS, Mr. PORTER): and Ms. GREENE of Utah. The following Members added their H.R. 3809. A bill to improve the ability of H.R. 3077: Mr. FATTAH and Mr. BARRETT of names to the following discharge peti- the U.S. Government to collect debts owed Wisconsin. tions: to it, and for other purposes; to the Commit- H.R. 3142: Mr. PAYNE of Virginia, Mr. Petition 12 by Mrs. SMITH of Washington tee on the Judiciary, and in addition to the FRELINGHUYSEN, and Mr. NEAL of Massachu- on House Resolution 373: Tom Johnson, and Committee on Ways and Means, for a period setts. Thomas C. Sawyer. to be subsequently determined by the Speak- H.R. 3187: Mr. ACKERMAN, Mr. ANDREWS, er, in each case for consideration of such pro- Ms. DANNER, Mr. LIPINSKI, Mr. POSHARD, Mr. Petition 13 by Mr. CONDIT on House Reso- visions as fall within the jurisdiction of the FATTAH, and Mrs. COLLINS of Illinois. lution 443: Wally Herger, Phil English, John committee concerned. H.R. 3201: Mr. MEEHAN, Mr. FRANKS of New N. Hostettler and Richard W. Pombo. By Mr. ROSE: Jersey, Mr. FRANK of Massachusetts, Ms. Petition 14 by Mr. TANNER on House Res- H.R. 3810. A bill to provide for the recogni- NORTON, Mr. SALMON, Mr. HUNTER, Mr. KIM, olution 425: Charles W. Stenholm, Bart Gor- tion of the Lumbee Tribe of North Carolina, and Mr. DUNCAN. don, Glen Browder, Gene Taylor, Collin C. and for other purposes; to the Committee on H.R. 3246: Mr. CUMMINGS. Peterson, Scotty Baesler, James A. Hayes, Resources. H.R. 3250: Mr. LAHOOD. Vic Fazio, George Miller, Martin Olav Sabo, By Mr. SHADEGG: H.R. 3351: Mr. BROWN of Ohio. and Barbara B. Kennelly. H.R. 3811. A bill to provide incentives for H.R. 3393: Mr. MORAN. the conservation and recovery of endangered H.R. 3401: Mr. LOBIONDO, Mr. WATT of f species; to the Committee on Resources. North Carolina, Mr. HAYWORTH, Mr. CAL- By Mr. SMITH of New Jersey (for him- VERT, Mr. JEFFERSON, and Ms. MOLINARI. self, Mr. HYDE, Mr. LANTOS, Mr. H.R. 3462: Mr. PALLONE and Mr. SENSEN- AMENDMENTS BRENNER. MORAN, Mr. KENNEDY of Massachu- Under clause 6 of rule XXIII, pro- setts, and Ms. ROS-LEHTINEN): H.R. 3467: Ms. DANNER, Mr. MARTINI, Mr. H.R. 3812. A bill to impose certain sanc- HAYWORTH, and Mr. BACHUS. posed amendments were submitted as tions on countries that do not prohibit child H.R. 3480: Mr. MYERS of Indiana. follows: labor; to the Committee on International Re- H.R. 3482: Mr. OWENS and Ms. JACKSON-LEE. H.R. 3756 lations, and in addition to the Committees H.R. 3505: Mr. DINGELL and Mr. MARKEY. OFFERED BY: MR. SANDERS on Ways and Means, and Banking and Finan- H.R. 3510: Mr. JOHNSTON of Florida, Mrs. cial Services, for a period to be subsequently CLAYTON, Mrs. MALONEY, Ms. SLAUGHTER, AMENDMENT NO. 5: Page 119, after line 8, in- determined by the Speaker, in each case for Ms. DELAURO, Mr. HINCHEY, Mr. OLVER, Ms. sert the following new title: WATERS, Mr. HASTINGS of Florida, Mr. MAN- consideration of such provisions as fall with- TITLE VIII—ADDITIONAL GENERAL TON, Mr. HOYER, Ms. WOOLSEY, and Mrs. in the jurisdiction of the committee con- PROVISIONS cerned. MINK of Hawaii. SEC. 801. None of the funds made available By Mr. MINGE: H.R. 3518: Mr. TORRES. H. Res. 477. Resolution amending the Rules H.R. 3522: Mr. LIPINSKI, Mr. EVANS, and Mr. in this Act may be used to make any pay- of the House of Representatives regarding JACKSON. ment to any health plan under the Federal trust relationships; to the Committee on H.R. 3571: Mr. SENSENBRENNER. employees health benefit program when it is Rules. H.R. 3601: Mr. WICKER, Mr. LARGENT, Mrs. made known to the Federal official having FOWLER, Mr. RADANOVICH, Mr. MCCOLLUM, authority to obligate or expend such funds f and Mr. MICA. that such health plan operates a health care PRIVATE BILLS AND H.R. 3654: Mr. WAMP, Mr. SHUSTER, Mr. provider incentive plan that does not meet RESOLUTIONS BOEHLERT, Mrs. THURMAN, and Mr. BAKER of the requirements of section 1876(i)(8)(A) of Louisiana. the Social Security Act (42 U.S.C. Under clause 1 of rule XXII, private H.R. 3700: Mr. BAKER of Louisiana, Mr. 1395mm(i)(8)(A)) for physician incentive bills and resolutions were introduced CALVERT, Mrs. KELLY, Mr. BARRETT of Wis- plans in contracts with eligible organiza- and severally referred as follows: consin, and Mr. COLLINS of Georgia. tions under section 1876 of such Act. 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, FRIDAY, JULY 12, 1996 No. 103 Senate

The Senate met at 9:30 a.m., and was ator FORD in control of the time from good. Other Senators and I have spoken called to order by the President pro 11 a.m. to 12 noon; and Senator often on this floor at the alarming tempore [Mr. THURMOND]. DASCHLE in control from 12 noon to trend in drug use. We have told the Na- 12:30 p.m. tion that drug use is rising; that drug PRAYER Following morning business, the Sen- users are getting younger; and that the The Chaplain, Dr. Lloyd John ate will adjourn until 9 a.m. on Tues- drugs are getting stronger and more Ogilvie, offered the following prayer: day. No rollcall votes will occur during dangerous. Lord God, our help in ages past and today’s session, and the Senate will not We are heading down a dangerous our hope for years to come, we thank be in session on Monday. road. ‘‘Pulse Check’’ does not report on You for Your mercy and blessing to- When the Senate reconvenes on Tues- trend lines. Instead, it provides a snap- ward the United States throughout our day at 9 a.m., under the provisions of shot of what is happening, a road sign history. Hear us as we seek Your con- rule XXII, a live quorum will begin at to what lies ahead. Here is what the tinued guidance in our day. May the 10 a.m. most recent ‘‘Pulse Check’’ shows: women and men of this Senate be so Following the establishment of a Heroin is gaining in popularity in sensitive to Your grand vision for our quorum, there will be a rollcall vote on many areas of the country. We are see- Nation that they will be a conscience the motion to invoke cloture on the ing higher purity and lower prices. The to our citizens calling them back to motion to proceed to S. 1936, the Nu- increased purity has allowed new users You. Give these leaders soundness of clear Waste Policy Act. If cloture is in- to avoid using needles. The result is in- judgment, courage in their decisions, voked on Tuesday, it is the leader’s creased use and popularity. In some and a united zeal to serve You to- hope that we may proceed in short areas, cocaine and crack dealers are gether. You have warned us that a order to the consideration of this im- being pressured by their South Amer- kingdom divided against itself cannot portant legislation. If cloture is not in- ican distributors to diversify and also stand. Help us to affirm that those voked, there will be a cloture vote on sell heroin. things on which we agree are of greater the Defense appropriations bill. The news on cocaine and crack use is value than those things on which we In that we have lost valuable time also disturbing. While use remains sta- differ. As we work together, deepen our during the consideration of the Defense ble throughout most areas of the coun- understanding of one another’s needs bill, the leader hopes that all Senators try, availability remains high. Prices and enlarge our respect for one an- will cooperate and allow us to finish are fairly stable throughout the United other’s opinions. Make us one in the that matter and move on with the ap- States. Although it is losing some of common cause of justice, righteous- propriations process. its appeal in southern California, New ness, and truth. We all commit our- I ask unanimous consent that the York, and Colorado, it is gaining in selves to the work of government for Senator from Iowa be granted up to 6 popularity in areas in Texas, Delaware, the honor and glory of Your name. minutes, not to be counted against the Georgia, and Washington, DC, espe- Amen. controlled time under my jurisdiction. cially among female drug users. This f The PRESIDING OFFICER (Mrs. supports recent reports that drug use HUTCHISON). Is there objection? With- no longer has a gender gap. RECOGNITION OF THE ACTING out objection, it is so ordered. Perhaps the most disturbing news of MAJORITY LEADER Mr. GRASSLEY. I thank the Senator all, marijuana use is up all over, espe- The PRESIDENT pro tempore. The from Georgia. cially among younger users. This is able acting majority leader is recog- f particularly disturbing in light of nized. marijuana’s role as a gateway drug. As PULSE CHECK ON AMERICA f a recent study by the Center on Addic- Mr. GRASSLEY. Madam President, tion and Substance Abuse shows, the SCHEDULE the Office of National Drug Control earlier someone starts using mari- Mr. COVERDELL. Mr. President, this Policy recently released the latest juana, the more likely they are to morning, there will be a period for ‘‘Pulse Check’’ on drug use and drug move onto harder, more dangerous sub- morning business until the hour of abuse in America. The ‘‘Pulse Check’’ stances. Perhaps the first sign of this 12:30 p.m., with Senator COVERDELL of provides an opportunity to see what is occurring can be seen in reports of in- Georgia, or his designee, in control of happening with drug use in markets creasing incidence of marijuana ciga- the time between now and 11 a.m.; Sen- across the country. The news is not rettes laced with crack or PCP or even

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

S7797 S7798 CONGRESSIONAL RECORD — SENATE July 12, 1996 embalming fluid. ‘‘Pulse Check’’ re- litical. Rising incidence of drug use is The PRESIDING OFFICER. The Sen- ports that these marijuana users are not political. Talking seriously about ator from Georgia. generally younger and represent the the drug problem in America is not f gamut of socioeconomic groups. Also, partisan. It is an exercise in respon- GETTING AMERICA’S BUSINESS the quality of marijuana is higher than sibility. I would welcome the President DONE previous years. This means a much to come out and say ‘‘Drugs are bad. stronger drug is available today than Don’t do drugs. If someone offers you a Mr. COVERDELL. Madam President, was available during the last drug cri- joint, if someone offers you a snort of we heard a really stern leader yester- sis. cocaine, just say no.’’ Unfortunately, day talking to both sides of the aisle Besides these three more traditional after a few public remarks on the issue, and to America about getting the job menaces, methamphetamine use con- the President has, once again, lapsed of America’s business done. I think he tinues to rise in the West and North- into silence. We have had a stealth made a very eloquent case in delineat- west, and is headed toward the east drug policy. It is clear, however, that ing the strategy on the other side of coast. It was once considered mainly a this approach has simply not worked. the aisle to bog the Congress down, to biker drug and found mainly in the But let’s not mistake criticism for keep it gnarled up. At the base of it is Southwest. Now, Mexican organized partisanship. Since 1992, teenage drug a political strategy, and that political crime organizations have moved in and use has surged. Acceptance of drug use strategy is ignoring America’s needs are incorporating this new product into by teens has also risen dramatically. and interests. their existing networks for cocaine and These are not partisan conclusions. Just yesterday, the other side heroin. Meth is a drug which can be in- These are the facts. Modern music, brought forth an outline of a program jected, inhaled, or made into pills. It movies, and even clothing depict drugs they call families first. But in the 104th appeals to wide variety of users. Ear- as ‘‘hip.’’ This is a radical change from Congress they have made American lier I mentioned that cocaine was los- the eighties when the message was loud families and America last by stalling ing some of its appeal in southern Cali- and consistent: ‘‘Just say no!’’ and filibustering and dragging their fornia and Colorado, where it has de- Here in the Capitol, both sides of the feet on issues that are of enormous in- veloped a lowlife reputation. ‘‘Pulse aisle have spoken often on this issue. terest to the welfare and benefit of mil- Check’’ reports that in its stead, meth- Many have issued the warning that we lions of American families. amphetamine has moved in and has be- must change our message now. There I can think of none more important come the new hip drug. are 39 million members of the ‘‘baby than health care reform. Getting that Even though little of this makes the bust’’ generation who are beginning to done would put American families nightly news, there is an alarming face the choice of whether or not to use first. And stalling it and filibustering story to tell here. Perhaps the only one drugs. They will be faced with the it is putting American families last. of these dangerous drugs that is get- choice of saying no, or trying drugs Madam President, just to recount for ting as much national press coverage that are more potent and more addict- a moment what the leader endeavored that it deserves is Rohypnol. As the ing than what was available before. to move forward on behalf of America DEA works toward rescheduling this When this generation looks around to yesterday evening, he asked unanimous date rape drug into the same category see what their leaders are saying, we consent that the Senate insist on an as LSD and heroin, it is becoming in- need to be there loud and strong. We amendment to H.R. 3103 and that the have been down this road before. And creasingly prevalent in the Southwest Senate agree to the request for a con- we know what strong leadership can and Mid-Atlantic region. Senator ference with the House and the Chair accomplish. From 1979 to 1992, drug use BIDEN first warned us of the coming be authorized to appoint conferees on fell at a fairly steady pace. It was not threat of this powerful sedative. And it the part of the Senate. always a smooth ride, but we were is a growing problem. Well, that is a lot of process. What Other so-called club drugs continue headed in the right direction. that means is moving forward on Congress, too, needs to do its part. to rise in popularity, as well as so- health care reform, something that We cannot be satisfied with rhetoric called natural products found in health every American family is looking to and hearings. I would encourage my food stores and mail order catalogs. the 104th Congress to do. And 87 per- colleagues to support the drug czar’s Often these natural products contain cent of the American public want us to proposal to reprogram $250 million move forward on targeted health care ephedrine—one of the key components from the Department of Defense to the reform, but we are in the 80th day of of methamphetamine—and they induce Office of National Drug Policy, as well filibustering by the Senator from Mas- similar effects. These drugs are espe- as increased funding for the Inter- sachusetts. The leader came to the cially popular among younger drug national Narcotics and Law Enforce- floor and to the assembled body and users. They are marketed by compar- ment Effort at the State Department. ing their effects with those of other Madam President, we need to get said, ‘‘I ask unanimous consent we go street drugs, and portraying them as back on the right track. Congress ahead, get the conferees and move for- health supplements. needs to do its part and support fund- ward on health care reform.’’ The other This is what is happening now. The ing. In March we started along this side objected. ‘‘Pulse Check’’ gives us a feel of where path with a $3.9 million appropriation The leader then asked for unanimous we are at in the fight against illegal to restaff the Office of National Drug consent to proceed with the Depart- drug use. We are still on the same Control Policy. We should continue by ment of Defense appropriations bill. downward spiral that we have been on supporting the reprogramming of $250 One of the fundamental responsibilities since 1992. Drug use is climbing, ac- million I just mentioned from DOD to of the Government, of the Federal Gov- ceptance is climbing, and all of the as- the counterdrug effort. And I would ernment, is to provide for the defense sociated problems and difficulties are hope that the President would join us of the Nation and the keeping and care climbing. in support and show some leadership by of our integral defense establishment. The sad part is, this comes after speaking out more on the dangers of The other side objected. years of declines in drug use. From 1979 drugs and drug use. The leader then asked for unanimous to 1991, drug use fell dramatically. We In closing, I hope that when the next consent to move forward with the im- were winning the fight for the future of ‘‘Pulse Check’’ on drug use is released, mediate consideration of the White our children. For some reason, we seem I will have some good news to share House Travel Office. As he said here on to have hit a roadblock in this success. with my colleagues. Unless we change the floor, in all probability when that We have moved off this successful road directions, without a change in mes- legislation finally comes to a vote, it and have found an hauntingly familiar sage, and without a show of strong will pass overwhelmingly. The other course where drug use numbers are moral leadership, I fear this will not side objected. The leader asked for again headed in the wrong direction. happen. unanimous consent to proceed with the Some have said that raising this con- I yield the floor. legislative matter that the Presiding cern is merely partisanship, playing Mr. COVERDELL addressed the Officer has had an interest in for so politics. But kids using drugs is not po- Chair. long, the stalking bill. That bill will July 12, 1996 CONGRESSIONAL RECORD — SENATE S7799 probably ultimately pass 100 to 0. But dates: We began the 104th Congress dis- first, or is that using all of this legisla- for days after days it has been stalled cussing an issue that had become, na- tive time of the 104th Congress for po- on the other side. tionwide, highly visible. America was litical strategy? If you are going to put When he asked for unanimous con- saying to Washington, ‘‘Quit mandat- American families first, you are not sent to turn to the calendar and bring ing costs to our local governments.’’ It going to have 73 filibusters and 15 ve- up stalking legislation, which the Sen- is like appropriating our property toes and veto balanced budgets and tax ator from Texas has pursued for so taxes at the local level. The Federal relief and welfare reform. She says, long, what happened? The other side Government would try to fulfill the ‘‘For Democrats, the hope is to deprive objected. need of some special interest up here in Republicans of any accomplishments.’’ He asked for unanimous consent that Washington, send it down to the States Taking a page from the Republican the Senate proceed to the nuclear and local governments and say, ‘‘Here, playbook, unified Senate Democrats waste bill. There is probably not a sin- here is a new program. You pay for it.’’ are filibustering or otherwise blocking gle piece of legislation that has more Finally, in an unprecedented piece of and delaying almost anything that significance to the environment and legislation that was introduced to threatens to move. She says that the the safety of every American than the begin to control these unfunded man- Senator from Massachusetts has suc- nuclear waste bill. I mean, we have dates, wide support, bipartisan support, ceeded in discombobulating the Repub- over half the States that are deeply in- headed by the junior Senator from lican majority with the bill to raise the volved with how to manage nuclear Idaho, Senator KEMPTHORNE, Senate minimum wage and has led the fight to waste. The leader spoke eloquently on bill 1, we had to file four motions to stop—stop—the hugely popular health the floor before yesterday about the shut off filibusters—four of them—and insurance reform legislation he cospon- importance of this legislation and the then when we finally got it to a vote, it sored with Kansas Republican NANCY environmental impact it would have on was 98 to 2—98 to 2, overwhelming sup- KASSEBAUM. our country. So he asked unanimous port for this legislation. Yet, we had to I might just say, Mr. President, on consent to proceed to this very impor- spend 3 weeks, 3 precious weeks, of the this issue of health care reform, the tant piece of legislation. The other side 104th Congress and had to, 4 times, try Senator from Massachusetts often indi- objected. to shut off the filibuster on the other cates the reason he is into his 80th day He asked, once again, to proceed to side. of filibustering a bill, that millions of the health insurance reform con- It could not be clearer. It does not Americans are suffering because it is ferees—twice now. There is probably no take a rocket scientist to understand not the law, the reason he says he is single piece of legislation that would that from day one, it was the intent of doing it is because we have a possibil- have such a profound effect on the anx- the other side to bog this Congress ity that a conference report would in- iety of working families in America down. That was their reaction to the clude medical savings accounts, and than untying health care reform. So 1994 election mandate, drag it out, slow that is just not the right thing to do again he asked for unanimous consent, it down, see if we cannot get to another because it was not in the Senate ver- and, yes, there was an objection on the election so that all these changes that sion, but it is in the House version, other side of the aisle. were talked about in the 1994 elections Madam President. It is in the House So here, for all of these important could somehow be throttled or choked. version. That is what conference re- pieces of legislation, it was dem- Maybe it is just an interim phenomena ports are about, to work out the dif- onstrated conclusively yesterday that and America will forget all these ferences between House and Senate the strategy of the other side is to just changes of wanting unfunded mandate proposals. I guess he is going to fili- bog everything down. America last, control, taxes lowered, and welfare. buster this until he gets some assur- politics first. Maybe we can get by by stalling and ance that he can manage what the To reinforce the point that I am en- keeping that from happening. We will White House thinks is appropriate for deavoring to make, the number of leg- have 73 filibusters. We will veto all this health care reform, and override the islative items having cloture—that legislation and see if we cannot get fact that almost half the Members of means trying to stop a filibuster, through it. the Senate agree with the House on Madam President—we in the 104th Con- The balanced budget amendment, medical savings accounts. gress have 28 times tried to shut off a balanced budget amendment, House Madam President, I will talk for a filibuster. Joint Resolution 1, we had to try three moment about this filibuster that we The minute we return next Tuesday, different times to shut off the fili- have from the Senator from Massachu- our first task will be to try to shut buster before we could actually get to setts on health care reform. That is down these filibusters from the other a vote. I can go on, from product liabil- probably the single largest and most side. ity to interstate waste. extended filibuster that we have been The Republican majority has filed 54 Try this one: Antiterrorism. We had dealing with. As I said, Madam Presi- percent of their cloture motions on the to even cut off a filibuster on dent, we are into our 80th-plus day. first day a measure was considered. antiterrorism before we could get to In the Washington Post, an article There was an argument that we have that bipartisan proposal. Welfare re- quotes a fellow by the name of David been doing that too often. But the form, the Cuban Liberty and Demo- Nexon, who is Senator KENNEDY’s other side, in the 103d Congress, has cratic Solidarity Act took three at- health policy director, and the quote done it 60 percent of the time. America tempts—three—to bring that to a vote. reads: ‘‘If it’’—that is the health care needs to know, particularly in light of Then, after a tragic occurrence, the reform proposal—‘‘[the Kassebaum- a theme that they are putting Amer- President wants the legislation to sign. Kennedy health care bill] fails, just a ican families first, that on 73 occasions Time and time again, 73 times. narrow political calculation, it helps they put American families last. They The President, as I said, has vetoed us’’—that is the Democrat side—‘‘more have had 73 filibusters in the 104th Con- 15 propositions. Product liability was than them’’—that is the Republican gress on the other side of the aisle. The one, something the whole country has side—‘‘because then we can credibly President has conducted 15 major ve- been endeavoring and calling for, prod- blame the Republicans for killing it.’’ toes of legislation that the 104th Con- uct liability reform, the debt ceiling In other words, again, as I said ear- gress sent to the President in response limit, the Balanced Budget Act, wel- lier, American families last. The Amer- to America calling for major change in fare reform—twice shut it down, stall ican workplace is trying to find an in- America. He vetoed balanced budgets, and see if we cannot get to another surance environment that is easier for the President vetoed welfare reform, election. them to deal with, that comes second- the President has vetoed tax relief, There was a story by Carolyn Lock- ary to having a political advantage and even after promising tax relief to the heed, the Washington bureau of the being able to blame somebody for the middle class. Over and over again, 73 Chronicle, appearing July 8. She says: fact that health care reform, which is filibusters and 15 vetoes. ‘‘For Democrats, the hope is to deprive so needed, could not get passed. Well, I Mr. President, we will talk about a Republicans of any accomplishments.’’ think it is eminently clear that this few of the filibusters. Unfunded man- Now, is that putting American families idea is not going to work. If we do not S7800 CONGRESSIONAL RECORD — SENATE July 12, 1996 have health care reform, it will rest program, with massive new taxes to ditions. It makes it more possible for squarely on the shoulders of the senior run it, and an opportunity for the Gov- individuals to get insurance who do not Senator from Massachusetts and this ernment to be expanded even beyond 50 have it. That is an important ingredi- administration because it will be clear, percent of the American economy. ent. You have many, many Americans and there will be no mistake that they This is Senator KENNEDY’s quote: today that are worried and concerned have been engaged in an extended fili- ‘‘I’m strongly in favor of universal that they have a preexisting condition buster over the interests of American comprehensive health care for all and even though they want to be re- families, who are trying to find a bet- Americans.’’ That was Senator KEN- sponsible and they want to obtain ter and friendlier health insurance NEDY on ‘‘Larry King Live,’’ May 8, health insurance, they cannot do it be- marketplace for them and their 1996. cause they have had a preexisting con- spouses and their children. Senator KENNEDY’s key aide said, ‘‘It dition, some health problem in their How about this quote: ‘‘Certainly, his may be that, ultimately, the effect of past. views haven’t changed.’’ our bill is to lead the Government to This measure begins to get at that That is, President Clinton’s views. He take further steps to increase coverage problem and begins to make it easier was addressing an audience of health and control costs of health care. My for people with preexisting conditions care executives, hospital trustees, and boss still wants universal coverage to get their insurance. others, at a symposium sponsored by with cost containment * * *.’’ Madam President, it also, in the the Hospital Association of Rhode Is- So from his point of view the foot is House version, includes a provision for land. Ira Magaziner—if we remember, in the door and that is a good thing. medical savings accounts. This is the he was, along with Mrs. Clinton, a prin- There can be no mistake that we are issue that the Senator from Massachu- cipal architect of Government health engaged in an attempt to throttle tar- setts focuses on. He uses that as the care, a huge Government-run system. geted health care reform, to stall, and principal reason for his filibuster. We all remember the charts that were to wait to see if there is an opportunity I suggest that my quotes earlier said shown here on this massive Govern- to move to broader health care reform. that there is another reason. He wants ment takeover of medicine. Well, Ira Now, Mr. President, one of the cen- to see if he can stall this and block it Magaziner said, ‘‘The American public terpieces of contention that is always so that maybe there is another chance still cries out for a comprehensive brought up about the senior Senator to go back to the total Government- health care system, and President Clin- from Massachusetts, Senator KENNEDY, run health care system that America ton remains committed to this idea. In- is that the other side, the House, has a says it clearly does not want. It wants deed, the President will try again if a proposal called medical savings ac- the targeted reform, just as I have de- more receptive Congress is ever elect- counts, and somehow that is objection- scribed. So he has taken this medical ed.’’ able. savings account and set it out as the Well, that means to try again for a Madam President, it has been deter- red herring, as I would call it. massive Government-run health care mined by the General Accounting Of- Just what is a medical savings ac- program. That brings up an interesting fice that 25 million Americans could be count? A medical savings account is a point. helped by this targeted health care re- great new idea and product for the Now, the President promised tax re- form proposal. We need to understand marketplace. It would lower costs for lief to the middle class. Just yesterday, that, in this proposal, there are a num- people trying to get health insurance. I pointed to the book called ‘‘People ber of features that the American pub- A lot of small companies in America do First,’’ where, on page 15, he promised lic are waiting for. One is that it en- not offer health insurance. A large a middle-class tax cut. But that be- sures portability. What does that number of Americans who do not have came virtually a half-trillion-dollar mean? The health care reform proposal access to health insurance are em- tax increase—the exact opposite of is designed so that the health care in- ployed by the very, very small compa- what was promised. Then, yesterday, surance can move with the employee if nies who cannot afford a health insur- we had the Families First Program— they change jobs. Currently, in the ance program. The medical savings ac- from People First to Families First. workplace, many of the insurance poli- count gets at this target and would CBO says that could cost another half- cies, if the employee wants to move take millions of Americans off the un- trillion dollars. This Government-run from job A to job B, the insurance insured rolls and get them into insur- health program that America rejected, stays with the old employer. So they ance. for which is still harbored hope on the become vulnerable. They have to leave It is a great idea because it basically other side to resurrect, that was about their job, and their insurance does not eliminates the front-end deductible and another $200 billion in tax increases. travel with them. That is a very, very the back-end copayment and at the The net effect of all of that, I might important problem, one which the same time lowers costs. I am going to add, requires that the average working health care reform that is being filibus- come back to that in just a moment family in America forfeits about an- tered solved. and talk some more about medical sav- other $6,000 to $8,000 of their income to The proposal fights fraud and abuse. ings accounts. the Government. That is what all this It creates a national health care fraud We have been joined by the assistant adds up to. and abuse control program to coordi- majority leader, the Senator from Another quote: ‘‘We’re going to get nate Federal, State, local law enforce- Oklahoma. I yield up to 10 minutes to this done, and we’re going to keep com- ment actions. Funding is increased for the Senator from Oklahoma on this ing back at it * * *. If we can have a investigation and prosecution. I do not subject. big sweep for the Democrats in the talk to many citizens, Madam Presi- The PRESIDING OFFICER. The Sen- House and the Senate, we’ll get single dent, that I do not hear a deep concern, ator from Oklahoma is recognized. payer.’’ That means Government-run usually followed by anecdotal inci- Mr. NICKLES. Thank you very much, health care. Who said that? Well, the dents. They know of somebody that got Madam President. I compliment my senior Senator from Massachusetts in an ambulance and was taken 300 friend and colleague from Georgia for said that. miles to another hospital and it was at bringing to the attention of the Amer- So maybe now it is becoming a little the cost of the insurance or to the Gov- ican people issues which the Senate clearer as to exactly why this filibuster ernment. They will name some inci- needs to work, and it needs to move is going on. The idea is, do not get the dent they have seen, some bill that forward with the Nation’s business. We targeted health care reform that Amer- they got—a bill that is three times the have found it increasingly difficult be- icans have asked for. Let us throttle normal cost. They want us to pursue cause we have been frustrated by the that and let us see if we cannot stall this fraud and abuse. This health care obstructionist tactics by Members of the 104th Congress, and maybe the reform proposal accomplishes that. the Democratic Party in the Senate. American people will change the bal- Madam President, this legislation The Senate is a great body in which ance here and we can get back to pur- will make health insurance far easier to serve. It is a body that has rules suing our ultimate goal, which is a na- to obtain in our workplace, because it that are open for debate. I like that. It tional Government-run health care deals with the issue of preexisting con- is a body where it is easy to have July 12, 1996 CONGRESSIONAL RECORD — SENATE S7801 amendments. You can amend anything. we have to pass these appropriations porations get to deduct 100 percent. You can have any amendment on any bills. They are all important. They Why would a self-employed person only issue. It does not have to be germane. probably all spend money that we get to deduct 30 percent? It does not I happen to like that. I will defend that should not spend, however, if Senators make sense. Now at least that is in- right. It gives the minority enormous disagree with the way some of the creased to 80 percent. It takes 7 years power to influence and delay and ob- money is spent, they can have amend- to get there. But that is a positive pro- struct. Right now we have seen the mi- ments to strike that spending, to re- vision. nority using a lot of the Senate rules duce the spending or to increase the Senator KENNEDY right now is object- to obstruct, to delay, and to make it spending. That is the way the system ing to that provision because we are very difficult to pass legislation. Un- should work. not able to get this bill to conference. fortunately, a lot of that legislation is We should not filibuster appropria- I find that very important. He has ob- very much needed. tions bills. We should give priority to jected now for 80 days; almost a record. We have before the Senate right now appropriations bills over many others I cannot find any bill that anybody has for example the Department of Defense because we know we have to do that. objected to longer for appointing con- appropriations bill. I have been around We have to pass these bills. ferees. If he wants to filibuster the bill here a long time. I cannot remember Again, we can fight, wrestle, argue, when it comes out of conference, he has anybody ever filibustering that bill be- and amend over what the amount of that right, and I respect that right. I cause we all know it needs to pass. We money should be in those bills. But I may not agree with him, but at least I know we need to fund the military. We think all of them agree that we should respect somebody who is abiding by the need to make decisions on how many spend some money in each one of those rules. Under the rules, you can fili- people we are going to have in the 13 accounts for appropriations. To date, buster appointment of conferees. That Armed Forces and what we are going to in the Senate, unfortunately, we have is what he is doing. But what he is pay them. We need to have decisions only passed one—military construc- doing is denying 25 million Americans made on what we are going to buy as tion. We need to pass the Department portability between group insurance far as airplanes, as far as equipment, as of Defense appropriations bill. Hope- and individual insurance. In other far as munitions, and as far as research fully, we will be able to get back to words, if they leave a group—maybe and development. We may have dif- that on Tuesday and move forward. they are working for a company that ferences of opinion on how much, but That is not the only case of obstruc- has health insurance and they are we have to make those decisions. You tion that we have seen from our Demo- fired, or they quit, or they have to cannot make the decision unless you cratic colleagues. Senator COVERDELL move, for whatever reason, and they have the bill on the floor. mentioned the health care bill, the so- want to go into a different plan—this In this case, we have Senators INOUYE called Kassebaum-Kennedy bill. That bill says they will be able to move and STEVENS, two of our more re- bill passed the Senate in April by a their insurance. They will be able to spected Members and two of our more vote of 100 to 0. The House has already get coverage either in an individual talented legislators, who have been to- passed it. The normal course of proce- policy or another group policy. tally frustrated for 3 days trying to dure is that we would appoint conferees That is a good provision. It has bring that bill to the floor. They are and work out the differences between strong bipartisan support. By blocking ready to go to work. I remember seeing the House and the Senate. the appointment of conferees, Senator both Senators having their notebooks We have some differences between KENNEDY is not allowing us to take and ready to go to work. That was on the House and the Senate—however, that up and pass it, and put it on the Wednesday afternoon. We have yet to these are not real substantive dif- President’s desk and have it become have any substantive, real debate on ferences in too many areas. But we law. the Department of Defense appropria- need to go to conference to work them Ostensibly the reason the Democrats tions bill because a couple of Sen- out. Senator KENNEDY has obstructed are objecting to appointing conferees is ators—and I respect their rights—are that. He has objected to appointing they do not like medical savings ac- filibustering that bill because they conferees indicating he would filibuster counts. The House has a medical sav- think this will delay consideration of any effort to appoint conferees. He may ings accounts provision that basically the nuclear waste disposal bill, which well have the opportunity to filibuster makes it available as an option for, I may come up after DOD. So, if they it. believe, most Americans. The Senate can filibuster and tie up the DOD ap- I think we need to make a decision. had a close vote, 52 to 46, on medical propriations bill, maybe that will help Are we going to allow one Senator to savings accounts. We were not success- protect them as far as the nuclear deny us the opportunity to go to con- ful in having a broad medical savings waste bill. I disagree with that strat- ference for final action on a bill that accounts provision. And so since the egy. passed the Senate 100 to 0? I think Sen- Democrats do not want medical sav- I respect the Senators from Nevada, ator KENNEDY is wrong in objecting to ings accounts they have refused to let and I respect their right to try to pro- this bill. This bill is an important bill. the conference go forward. Even yester- tect their State. But by delaying ac- It bears his name—the Kassebaum-Ken- day, the minority leader, Senator tion on the Department of Defense bill, nedy bill. It has a lot of provisions that DASCHLE, said if you will give us the I do not think they are helping their are agreed upon with strong bipartisan medical savings accounts provision or case one iota as far as Nevada is con- support. We made some improvements let us define it, then we will go to con- cerned. That is just the latest tactic. in that bill as originally introduced. ference. That is rather unusual—very unusual, I I remember some of our colleagues That is not the way we do business. If might say—to filibuster one bill, par- saying that we cannot amend that bill, we did business that way, the minority ticularly a bill as important as the De- that, if we amend it, we threaten the would say, well, we will not let you go partment of Defense bill, to hopefully bill. We did amend it. to conference until we see the final influence legislation on the nuclear We put in a provision that I know is outcome. In other words, the con- waste bill, or a bill that is coming sub- of interest to the Presiding Officer that ference does not make any difference; sequently; very unusual in my opinion; allows the self-employed to have de- we will write the final package or we not a good tactic, in my opinion; not ductions for health insurance rising do not have a bill or we will not go to helpful for the Senate. from 30 to 80 percent. That is a very conference. The Senate needs to do its work on important provision, a good provision, I disagree with that. That is a crum- the appropriations bills. If people have one that passed. Nobody objected to it. my way to legislate. That is not good, philosophical differences on different We included it in the Finance Commit- and we should not let it happen. And, issues which they feel strongly about, tee action. No one objected to it on the frankly, we are not going to let it hap- they have a right to filibuster those, Senate floor. It must be a great provi- pen. but not really on appropriations bills. sion. It certainly is common sense. It The proposals we have made in an ef- It does not make any sense to fili- has some equity for taxes as far as fort to compromise on this bill are sev- buster appropriations bills. We know health care is concerned. Major cor- eral. We have already said that we S7802 CONGRESSIONAL RECORD — SENATE July 12, 1996 would drop medical malpractice liabil- somewhat like an individual retire- Far be it for me to come over here ity reform that the House had in their ment account, and if they do not use it and argue that it is inappropriate for bill and we did not have in our bill. We for health care purposes, they could someone to filibuster, and I will not have already said, well, that will be use it for long-term health care pur- make that argument. The Senator dropped. We dropped purchasing alli- poses. If they do not use it today, they from Kentucky is familiar with the ances for small businesses. In my opin- would accumulate it. They do not have procedure, has employed it on numer- ion, we should not have dropped it, but to use it or lose it. So people would ous occasions over the years, to good we did. have an incentive not to run up their end, for the Nation. So we have made several com- medical expenses. They could save it What I would like to say to my col- promises. On medical savings accounts, and use it, if not this year, next year. leagues this morning, Mr. President, is we said that instead of making the They could save it for a real problem in I am not trying to turn the Senate into medical savings accounts open for all the future or perhaps save it for dental the House here. I understand the Sen- people in the country, as I think we care that their health care did not ate is not the House. We all know from should, we will confine it to small busi- cover. Or maybe they could use it for high school civics that in the House of ness, to businesses with 50 or less, and long-term health care, which most peo- Representatives, if you have a major- the self-employed. I think that is a ple in this country do not save for, ity, you can run the place. The House very minimal move toward medical which makes eminent good sense. of Representatives can be sort of like a savings accounts. As of yesterday, Sen- Madam President, I am very dis- triangle, with the Speaker and the ator KENNEDY and others think that is appointed that my colleagues on the chairman of the Rules Committee at still too generous. They do not want to Democrat side have objected to ap- the top of the triangle, and with the give self-employed people the right to pointing conferees on the health care concurrence of a mere majority the have a medical savings account or they bill which benefits up to 25 million place can be run like a fast train out of do not want to give a small business Americans. We should move forward on the station. The House of Representa- with 50 or less employees the right to that bill, and we should move forward tives was constructed by the framers of start a medical savings account. on it now. our Constitution to be a place of great What are they afraid of? That it is I appreciate the fact that the major- passion and quick reaction. That is the going to work? Are they afraid they ity leader yesterday tried to get unani- way it has always been, and we under- are going to be popular? Are they mous consent to move to the health stand that. Many people in the House over the afraid they are going to take off and be care bill, and once again, I think for years have referred to the Senate as a real success? Frankly, they will be. probably about the eighth time, the ‘‘the House of Lords,’’ with some de- They will prove you can save money Democrats have objected. I know that gree of derision. The Senate was a pon- and you can provide an option. he will be making that motion again derous place, a place in which things We are not mandating that anybody on Tuesday. I hope that they will re- were contemplated for quite some in America has to have a medical sav- consider. I have stated my intention to time. And, boy, that is the way it has ings account. We are saying that make sure that we move toward the worked for 200 years, and, in fact, that should be an option. And if they choose health care conferees before we appoint was the way it was designed. Fre- it, great. If they do not choose it, that conferees on the minimum wage. I think both conferences should be ap- quently, we heard the Senate described is great. It would be their option. It as the saucer underneath the coffee cup would be another method of obtaining pointed. I do not make any bones about that. Both conferences should be ap- where the coffee sloshed down the cup health insurance. Individuals and small into the saucer and cooled off. companies could decide for themselves pointed. We should not be objecting to con- I am here to object to none of that. I where they would take that couple of am not in favor of changing the rules thousands of dollars a year and say, ferees. We should let the majority will of the Senate go forth. But I do think of the Senate. I am not in favor of di- well, if I do not use it on medical care, minishing the rights of the minority. I can save if for long-term care. it is important, for a little leverage, for Senator KENNEDY and others, if they But it seems to me what is going on Madam President, I ask unanimous right now in the Senate is different in consent for an additional 5 minutes. really want minimum wage, they are going to have to allow appointment of several measurable ways from what has The PRESIDING OFFICER. Is there been experienced in the past. I could be objection? conferees on the health care bill. I hope they will see the wisdom in allowing wrong about this, but I cannot remem- Mr. COVERDELL. Madam President, ber in any of the years I have been here I yield another 5 minutes to the Sen- the conferences go forward on both and see that the will of Congress can go for- in the minority that we tried to stop ator from Oklahoma. appropriations bills. It is one thing to The PRESIDING OFFICER. Without ward on two very important issues. Madam President, again, I thank my attempt to stop, to pull together 41 objection, it is so ordered. people to try to do what you think is Mr. NICKLES. So we would allow friend and colleague from Georgia for his time and also for his leadership on best for America by stopping a bad small businesses the right to offer to piece of legislation. their employees medical savings ac- this issue. I yield the floor. We saved the country from counts as an option—not a mandate, as Mr. COVERDELL addressed the ‘‘Clintoncare,’’ the Nation’s most ag- an option—so they could use that Chair. gressive effort to take over all of money. It would be their money. Peo- The PRESIDING OFFICER. The Sen- health care by the Federal Government ple are a lot more frugal with their ator from Georgia. through the use of the filibuster. I own money than they are with Govern- Mr. COVERDELL. I thank the assist- make no apologies about that. I am ment money or they are with their em- ant majority leader for his presen- proud of that. We stopped the stimulus ployer’s money. So there will be sav- tation and knowledge on this subject, package in 1993 through the use of the ings involved. That is positive. That is his assistance in participating in our filibuster, saved 20-odd billion dollars good. controlled time. in waste. I make no apologies about What is Senator KENNEDY afraid of, Madam President, I yield up to 10 that. We stopped an effort by the Gov- that this is going to work? I have heard minutes to the distinguished Senator ernment to take over all of the politi- him say something about, well, this from Kentucky. cal campaigns and snuff out the voices would be utilized by the wealthy and The PRESIDING OFFICER (Mr. of Americans and hand the check to the healthy. I disagree with that. We NICKLES). The Senator from Kentucky the Treasury to support political cam- had hearings and listened to people, is recognized. paigns. I make no apologies for that. school teachers and others, who really Mr. MCCONNELL. Mr. President, I However, never in the years I was like this opportunity. thank my friend from Georgia for his here in the minority did we try to stop The States have given them a small leadership and giving us an oppor- appropriations bills, the essential ele- tax advantage. What we would do on tunity to express ourselves on what ap- ment of operating the Government. the Federal level is allow them to have pears to be the state of the Senate It seems to me that is what is going medical savings accounts, treat it today. on here; an orchestrated effort on the July 12, 1996 CONGRESSIONAL RECORD — SENATE S7803 part of our friends on the other side of ficult to deal with an administration tious issues for which there were deep the aisle, maybe in conjunction and that will not stay stuck to any posi- divisions. But we opened the 104th Con- concurrence with the administration, tion. These people can change positions gress on the unfunded mandate bill to simply create a situation where the in the middle of a sentence, and do— which passed here 98 to 2, which was Government must come to a standstill, frequently. Why? They are looking for filibustered by the other side for 3 and to try to do it subtly, somehow to a reason to stop the Government. weeks. That is a distinction. That was try to get it done in a way that every- Mr. President, that is what is going not a filibuster over the issue embraced body does not figure out what is going on here. I do not know whether there is in the bill. It was a strategic design to on. sort of daily coordination between the thwart the interests of the American By any standard that is a new low. White House and our friends on the people and it is not families first, it is That is not trying to stop an issue on other side of the aisle or not, but the America last. the merits because you think it is bad effort here is to do the country harm— Mr. MCCONNELL. Will the Senator for America. That is saying we will not harm, by creating a crisis that does not yield? engage in the elementary, basic func- exist. Because we are not arguing, Mr. COVERDELL. I yield. tion of Government for which the Con- here, in many of these instances, over Mr. MCCONNELL. The Senator gress remains responsible, and that is freestanding policy matters. Although makes a very important point. I discretionary spending. We cannot con- we are having a dispute here on the thought we wanted to pass a health trol interest on the national debt; we minimum wage and the health care care bill. This is essentially the same cannot control, at least on an annual bill, I want to say to the distinguished bill we wanted to pass in 1991. I basis, the entitlements; but the one occupant of the chair, as someone who thought they wanted to pass the mini- thing we do do around here every year, has filibustered appointment of con- mum wage bill. The Senator from at a bare minimum, is the 13 appropria- ferees in the past myself, I think it was Georgia, I think, makes a very impor- tions bills, the fundamental function of entirely appropriate for the assistant tant point as to what is going on here. Government. majority leader to take the position This is not about principle. There is no So let me cite an example. I am that what is good for the goose is good principle involved here. This is pure chairman of the Foreign Operations for the gander. If we are going to object sabotage. I thank my friend from Geor- Subcommittee. It is not a huge amount to going to conference on health care, gia. of money in the grand scheme of things then why not object to going to con- Mr. COVERDELL. I thank the Sen- around here, but this year we will be ference on the minimum wage and ator from Kentucky and I turn to the appropriating about $12 billion to pur- small business tax bill? I think that distinguished Senator from Texas and sue America’s interests around the linkage is appropriate. I think it yield up to 10 minutes to Senator world through the use of means other makes sense. It seems to me it might HUTCHISON of Texas. than sending in the troops; another bring about a condition where we can The PRESIDING OFFICER. The Sen- tool for the No. 1 country in the world pass two bills that at this point clearly ator from Texas. to pursue its interests around the ought to pass the Senate and the Mrs. HUTCHISON. Mr. President, I world without the deployment of House. thank my colleague from Georgia, who troops. But what I fear we are going to see wanted to talk about the gridlock that Last year we had nine different votes here in the next few months, not only has come over the Senate, really in the on the foreign operations appropria- on that side of the aisle but also down- last year and a half. But I think it is tions bill in the House and the Senate town, is an effort to create reasons to beginning to show, because our distin- on the issue of population control, ad- not engage in the basic function of guished majority leader made the elo- mittedly a very divisive issue upon Government, which is to pass these an- quent effort yesterday to bring up nine which Members of this body and the nual appropriations bills. I think it is separate bills, and had objections other body are divided, on a bipartisan important for the American people to raised to every one of them. basis. But finally, after 5 months of understand what is going on here; basic These are bills that range from the ping-ponging this bill back and forth functions of Government, not big ideo- health care reform bill that was passed from the House to the Senate, trying logical disputes about the future of the overwhelmingly by the Senate, which to work out some kind of compromise country, but the fundamental activity is being held up from even having con- on the population control issue that of the Congress. ferees appointed for it, to a stalking would bring the President’s signature, Hopefully, this will not continue bill that was passed unanimously by we were able to do that. The President much longer. I commend the majority the House of Representatives and signed the bill. He signed the bill. leader, who is not on the floor at the would be passed unanimously out of This year I would say, Mr. President, moment, but I want to commend the the U.S. Senate but for the objection of in an effort to secure a signature on majority leader for finally going on one colleague from the Democratic the foreign operations bill, the House and talking about it in public. We have side. of Representatives inserted into their been sort of sensing what has been Mr. President, we have had, in the version of the foreign operations bill going on around here. Everybody has last year and a half since Senator exactly the language that the Presi- been sort of exasperated about it. You DASCHLE became minority leader, over dent signed in February—exactly. It kind of hate to admit publicly this 65 cloture motions that have been re- was an effort to reach out to the ad- body has declined to that level, but it quired to try to get on with the busi- ministration and say, ‘‘Let’s not have a is time to talk about it and I commend ness of the Senate. Let me just give a fight over this issue this year. It was a him for doing that. Hopefully our pub- list of a few of those. difficult compromise to achieve last lic discussion of this will bring about a Unfunded mandates, to keep the year, so we will just put in exactly the more cooperative framework for ad- States from having to pay for the man- language you signed in February— vancing the business of the U.S. Sen- dates that are dreamed up in Washing- now.’’ ate. ton, D.C. It took four cloture motions ‘‘Oh, but that is not good enough. With that I yield the floor. to bring the bill up, and once it was What was good enough in February is The PRESIDING OFFICER. The Sen- brought up the bill passed nearly not good enough now. We will not sign ator from Georgia. unanimously. it again. The standard somehow has Mr. COVERDELL. Mr. President, be- Balanced budget amendment to the evolved from February until now.’’ fore the Senator from Kentucky leaves, Constitution: That is what the people What is going on here, Mr. President? he has given us a good civics lesson on of this country have been asking for, a There is no other conceivable expla- the nature of the Senate, with which I balanced budget amendment so that nation for that, than that the Presi- agree. I concur that the rules ought not when we do finally balance the budget, dent would like to veto this appropria- to be changed. But, if I might just hopefully, we will never again see the tions bill. We have not sent it down to make one point that I made before the spectacle of a Congress that will tax him yet. Hope springs eternal. Maybe Senator arrived, the Senator has con- our future generations for the pro- that will not happen. But it is very dif- ducted filibusters, and on very conten- grams that we ask for today. It took S7804 CONGRESSIONAL RECORD — SENATE July 12, 1996 three cloture motions before we could ing bill. The stalking bill is my bill. It The PRESIDING OFFICER. Senators debate that bill. And when we finally was passed unanimously by the House will go through the Chair. did, we lost it by one vote. of Representatives. It is being held up Mrs. HUTCHISON. To the conference Striker replacement, line-item veto, because one Senator wants to put a gun committee, because we do not know health insurance tax deductions for the control amendment on the bill. how it is going to come out. MSA’s self-employed and the small businesses Other Senators had amendments that were passed by the House—they were of this country: Every one of these re- they had hoped to offer on this bill. not passed by the Senate—by a narrow quired cloture votes before we could Senator FEINSTEIN had an amendment. majority. So why should we not be able even talk about them on the floor, de- Senator GRAMM of Texas had an to work that out? Why would one Sen- bate the differences and pass them. amendment. They were willing to step ator object to even appointing con- Let’s go one step beyond. When we back because they knew if we opened ferees so that we could sit down and are talking about gridlock, it is not up the bill, we might not be able to get work out the differences between our just the Democrats in the Senate, it is it passed, and, of course, we were hop- two bills? Is that not the way this proc- also President Clinton. It is the other ing to send it directly to the President ess works? end of Pennsylvania Avenue. President after its unanimous passage by the The PRESIDING OFFICER. The Sen- Clinton has vetoed 15 bills, 15 bills that House of Representatives. So they ator’s time has expired. have finally made it through this Con- agreed to step back and not change it Mrs. HUTCHISON. Mr. President, I gress, and of those 15, I want to read so that it could go directly to the ask unanimous consent to have 5 addi- you what they are, because I think it is President and give to the stalking vic- tional minutes. important to see the differences be- tims of this country another measure Mr. FORD. Reserving the right to ob- tween President Clinton and the Demo- to help protect them from threats and ject, we have already gone beyond the crats in Congress and what they would harassment that might be fulfilled, be- 11 o’clock period of time. I had changed do versus what the Republicans would cause we have not passed this bill that appointments to be here at 11 o’clock do, as shown by what we have passed in would allow the FBI to come in and because that was the unanimous-con- Congress. track a stalker that goes from one sent agreement. I do not want to inter- The Bosnia-Herzegovina Self-Defense State to another. fere with the distinguished Senator Act, vetoed by the President. This This is especially important in a from Texas, but somehow or another would have allowed the Moslems to State like New York, where many of we are going to have to stay on track. arm and train themselves so that we the people who work in the New York That was the unanimous-consent might not have had to send Americans metropolitan area live in Connecticut agreement last night, that we would with a NATO force to bring peace to or New Jersey. It is especially impor- have 11 o’clock. Now it is 11:10. And if that country. They might have settled tant where the threats become so great I give—— it 2 years earlier if we had given them that a victim moves to another State Mr. COVERDELL. Mr. President, if I the right to have free access to defend to elude the threat and harassment and might, for parliamentary information, themselves. It was vetoed by the Presi- is followed by the stalker, and there is our control of time, as adjusted by dent. no way to have the ability to clamp unanimous consent, runs to 11:10, so it Seven-year balanced budget: The down on that stalker before he fulfills would be under my control to deter- President promised the American peo- his mission of beating up or murdering mine whether I extend additional time ple a balanced budget. So did Members the victim. This bill is being held up to the Senator from Texas. I yield an- of Congress. Congress produced, and for no good reason. other 2 minutes because we have other the President vetoed it. Why would we have a holdup on speakers besides the Senator from Securities litigation reform: We were health insurance reform? The Amer- Texas. trying to have litigation reform that ican people have asked for health in- The PRESIDING OFFICER. The Sen- would cut the costs of the securities in- surance reform. They have asked for ator from Georgia has that right. dustry in this country and for the in- portability so that if they lose their Mrs. HUTCHISON. Thank you, Mr. vestors in this country. It was vetoed jobs, they will not worry about losing President. by the President. That one was over- their health care coverage. They have Mr. President, I think it is uncon- ridden. asked that we do away with preexisting scionable to hold up health care reform Welfare reform: Another promise of condition clauses because they are wor- that the people of this country expect the President to the American people, ried that if they do change jobs, their and that both Houses of Congress have a promise kept by the Republican Con- insurance company will say, ‘‘No, I’m passed because we do not want con- gress, vetoed by the President. sorry, we cannot take you on because ferees to sit down and work out a com- A ban on partial-birth abortions; a you or someone in your family has an promise on medical savings accounts. ban on killing babies that are halfway illness that might be expensive.’’ Medical savings accounts, Mr. Presi- out of the mother’s womb: Vetoed by That is what the bill does that was dent, are something very important for the President. passed overwhelmingly by the Senate health care reform in this country. It Product liability reform: The single and by the House. Why would it be held allows a business to give to an em- most important litigation reform bill up? Why would it be filibustered for 2 ployee the amount of money that that that has been passed by this Congress months? employee would have anyway and have that would have tried to bring down The Senator from Massachusetts has choices, so that the employee could the costs of regulation and the prices raised the objections because—— take that money and perhaps save by to consumers, product liability reform, Mr. FORD. Will the Senator yield for going to different health care coverage vetoed by the President. a question? or perhaps save money for future rainy The rest of the bills vetoed by the Mrs. HUTCHISON. I will be happy to day expenses for their health care President were appropriations bills for yield for a question. needs for themselves and for their fam- specific agencies and departments of Mr. FORD. It is medical savings ac- ilies. What we want is for them to have Government or authorization bills to counts that the Senate turned down, that option and to have the tax breaks run the departments of Government. and the conferees are all for MSA’s. to be able to save for those health care I think we are beginning to see a pat- Therefore, we will get something that needs. tern here, a pattern of gridlock and ob- the Senate turned down, and that is So, Mr. President, we are talking struction, a pattern of broken prom- the basic objection. about not allowing the appointment of ises. I think the American people de- Mrs. HUTCHISON. How would we conferees so we can move health care serve to know what Congress is trying know—— reform as we have promised the Amer- to do and what we are being obstructed Mr. FORD. We absolutely know, if ican people we would do. Mr. President, from doing. you know what is going on in the Sen- I also have to say I do not know why Let’s talk about some of the items ate. the Senator from Massachusetts would that our majority leader tried to bring Mrs. HUTCHISON. If you do not even be so concerned about the ability to up yesterday. He mentioned the stalk- appoint conferees—— have medical savings accounts. I will July 12, 1996 CONGRESSIONAL RECORD — SENATE S7805 just read from his very own health care litical dynamic. It is no longer nec- being the nominee. The Republicans reform bill in 1994, just 2 years ago, essary to have a majority in order to deserve a full-time leader, and I can’t where his bill says: work your will in the Senate. Through do that being the nominee. And the It is the sense of the Committee on Labor the use of the filibuster, all you need is people who nominated me deserve a and Human Resources of the Senate that 40 votes and you can control the Sen- full-time nominee, and I can’t do that provisions encouraging the establishment of ate and you can force your opposition and stay in the Senate.’’ So out of a medical savings accounts be included in any to cast votes that they might not want great sense of duty and responsibility, health care reform bill passed by the Senate. to cast so that you can then go home Senator Dole resigned his position in So, Mr. President, the Senator from and campaign against them. The Sen- the Senate, obviously stepping down as Massachusetts’ own bill includes lan- ate has ceased to be a legislative arena majority leader. guage encouraging the establishment and has turned into a campaign arena I thought that would solve it. I of medical savings accounts. So why that seems to be ongoing and continu- thought once Senator Dole was gone as will the Senator from Massachusetts ous. a target, that the filibusters slowing not allow us to have conferees ap- I will obviously confess to having down the work of the Senate would pointed for that reason? Is he afraid participated in filibusters in the last stop and we could then get ahead with that we cannot sit down and discuss it Congress. There were two issues that the work of the Senate. It turns out I and get the health care reform? were very important, in my view, that was wrong. I have come to the conclu- Mr. President, it does not wash. we engaged in filibusters on. No. 1 was sion that there is a deliberate strategy There is gridlock in the Senate, and it the stimulus package offered by the to try to make the leadership of the has to stop. The majority in the Senate President of the United States. A group Senate look bad in an effort to then go is trying to make that happen. I thank of us felt that was a serious mistake. to the people in the election and say, you, Mr. President, and I yield the We took the floor. We held the floor. ‘‘Change leadership. We will be able to floor. We ultimately forced the President to get things through.’’ I hope I am Mr. COVERDELL addressed the back down on that issue. Looking back wrong, but I have come to the conclu- Chair. on it, we were right. The stimulus sion that that is the strategy and that The PRESIDING OFFICER. The Sen- package that he was calling for was that is why people are filibustering ator from Georgia. clearly nothing more than pork. I do bills that they favor. So, Mr. President, I hope we will step Mr. COVERDELL. I thank the Sen- not apologize for having tied up the back and look at this in a historic con- ator from Texas. I think she makes an Senate to prevent the $19 billion worth text and say, is this the right thing to excellent point when she reminds us of pork that the President proposed. that medical saves accounts—which is Other filibusters—I will not take the do in the Senate? Is it the right thing apparently what is holding this up— time to describe them—but the one to get us in the habit and the pattern of deciding everything that comes be- was an issue for the Senator from Mas- common thread was I participated in fore us in a purely political context, sachusetts in his own legislation. That filibusters against bills I was opposed both sides perhaps equally guilty if we is a very important point. I commend to. We have seen that going on here get into that circumstance? Or should the Senator for bringing that to the at- now. The two Senators from Nevada we all say, let us step back, let us rec- tention of the Senate. are involved in a filibuster against a ognize that the Presidential campaign I now yield 8 minutes, if I might, to bill that they are opposed to. the Senator from Utah. What is different in this Congress is is going to be between Bob Dole, no The PRESIDING OFFICER. The Sen- that we are seeing filibusters against longer a Senator, and Bill Clinton, who is not a Member of this body, and let ator from Utah is recognized. bills that people are for. Yes, they are them fight their issues out? Let us Mr. BENNETT. I thank the Chair. doing their best to delay consideration take our constitutional responsibilities Mr. President, although I am a new of bills they intend to vote for. I have seriously and get on with the business Senator, in my first term, I have had had to ask myself, what is the motiva- association with the Senate going back of the Senate. tion behind a filibuster against a bill Let us stop dilatory tactics that are some 30 years. I started as an intern you are for? I have come to this conclu- geared not to change the content of between school years some 30-odd years sion, Mr. President—I may be wrong; legislation but to simply slow down the ago. I have served on the Senate staff, and I will be happy to have someone process and tarnish the image of the been associated with the Senate for a demonstrate that I am wrong—but leadership. Let us take our lumps. If number of years. I want to draw on until that demonstration is convincing, we lose, we lose. If we feel passionately that experience to give a little histori- I have come to the conclusion that the about an issue, use the filibuster about cal perspective to what I think is going reason filibusters are currently being the issue we feel passionately about; on in the Senate here. mounted against bills that the partici- but if there is an issue that can be de- I remember in the days that I have pants in the filibuster are, in fact, for cided and will be decided by a majority referred to that filibusters used to be is that they wish to embarrass the cur- vote, go ahead and decide it by a ma- very rare. When a filibuster occurred, rent leadership of the Senate for politi- jority vote and not try to tarnish the it was a real filibuster. I remember the cal purposes in November. effectiveness of the leaders we have time when the Senators were told, I could understand that when the ma- chosen. ‘‘Get out the cots. You’re going to be jority leader was the Republican nomi- I voted for Senator LOTT as the lead- here around the clock. We’re going to nee. I did not approve of it, but I could er because I feel he is committed to have quorum calls at 3 o’clock in the at least understand it, people saying, moving the business of the Senate for- morning and do everything we can to ‘‘OK, we will filibuster this bill. We ward in a proper, professional way, re- break the filibuster.’’ It was reserved, will make it look as if Bob Dole is im- gardless of his ideological position. I if you will, for those issues about potent as a leader so that we can then think we should give him the chance to which certain Senators felt most pow- attack him as being an ineffective do that. I think we owe him the cour- erfully. The filibuster was not an ordi- leader as the nominee.’’ Senator Dole tesy of doing that. I think the same nary tool that was used whenever a bill recognized that that was going on, so would be true if Senator DASCHLE were came up that a Senator objected to. he did the thing that surprised all of the majority leader. I would not engage You contrast that to today’s strategy us, and I think perhaps probably dis- in a filibuster myself on any bill I in- when the filibuster is used almost rou- appointed the opposition a little, he tended to vote for. I think it should be tinely, when cloture votes are the most said, ‘‘OK. I will resign as the majority reserved for those bills that we op- common votes that we cast, and you leader. I will even resign from the Sen- posed. realize something rather fundamental ate.’’ Mr. COVERDELL. Mr. President, I has happened in the Senate. He made an interesting comment to thank the Senator from Utah. I yield I think what has happened is that us when he announced to Members of up to the balance of the time remain- people have discovered that through his own party that he was resigning. He ing to the Senator from Arizona. the use of the filibuster, in the present said, ‘‘The people of Kansas deserve a Mr. MCCAIN. Out of curiosity, how circumstance, they can change the po- full-time Senator, and I can’t do that much time remains? S7806 CONGRESSIONAL RECORD — SENATE July 12, 1996 The PRESIDING OFFICER. The Sen- ing attack on Republicans, who he said were tisanship and transcend personal agen- ator has 81⁄2 minutes. ‘‘determined to wreck Congress in order to das. Mr. MCCAIN. I thank my friend from control it, and to wreck the Presidency in I hope, Mr. President, that we will all Georgia, and I thank my colleagues for order to recapture it.’’ Urging Americans to appreciate that their excuse that Sen- rethink their votes 3 weeks before election their indulgence. ator Dole, now departed, now candidate Mr. President, I am worried about day, Gore, on Tuesday, labeled Republicans ‘‘advocates of isolationism and defeatism Dole, is responsible for deadlock is no our ability to serve the American peo- abroad and of a reckless strategy of partisan longer valid, for gridlock is no longer ple. I am worried about the impression paralysis at home,’’ chastised by name sev- valid. I suggest we, together on both that we are creating and giving the eral GOP leaders and a handful of Republican sides of the aisle, should sit down and taxpayers of America that sent us here candidates in close Senate races, saying work out an agenda for the rest of this to do their work to achieve a better ‘‘their campaign platform would result in year so we can, at a minimum, work Government, to meet the needs of giant tax breaks for the wealthy.’’ out the 13 appropriations bills that are those in our society who are less fortu- He takes particular aim, Mr. Presi- necessary—a continuing resolution is nate than we, to fulfill our obligations dent, at Senate GOP leader Bob Dole an abrogation of our responsibilities— to national security as embodied by and House GOP whip, then-GOP whip, and also the authorizing legislation, in- the Department of Defense appropria- GINGRICH. GORE mocked their recent cluding important issues such as the tions bill. There is no higher calling statements that they are already plan- chemical weapons convention and that this body has than to provide for ning a transition to a Republican-con- other issues that are important to the national security. All of that has obvi- trolled Congress. ‘‘We must not and we future of this Nation. ously ground to a halt. will not let the future of America be The PRESIDING OFFICER. The Mr. President, a lot of things have trapped in the dark corner of Dole and Chair advises the Senator from Arizona been said about the gridlock that is deadlock GINGRICH and gridlock reac- his time has expired. here today. Unfortunately, it seems to tion and recession,’’ GORE said. Mr. MCCAIN. I yield the floor. be continuing, particularly in light of I hope the Vice President of the Unit- The PRESIDING OFFICER. The the fact that we have only a handful of ed States would come over and treat us Chair advises that, under the previous weeks left remaining in session. to his views today as to what is going order, the time until 12:10, by an ear- Mr. President, I have only been here on here in the U.S. Senate. lier unanimous-consent agreement, about 10 years. It is a pretty long time Mr. President, I believe and we all be- shall be under the control of the Sen- in the view of some, too long in the lieve that the rights of every Senator view of a few—I hope only a few—but ator from Kentucky [Mr. FORD]. and the minority party have to be pro- Mr. FORD addressed the Chair. not nearly as long as some Members of tected. Mr. President, for 8 of the 10 The PRESIDING OFFICER. The the Senate. One of the Members of the years I have been here, I was in the mi- Chair recognizes the Senator from Ken- Senate that I have grown to admire nority party. I understand and jeal- over the years, that I have engaged in tucky. ously guard those prerogatives and (The remarks of Mr. FORD, Mr. THUR- fierce and sometimes partisan debates those rights. with, is the senior Senator from the MOND, and Mr. HEFLIN pertaining to the Mr. President, I can cite example introduction of S. 1951 are located in State of West Virginia, Senator BYRD, after example—and I see my friend who all of us respect and revere as sort today’s RECORD under ‘‘Statements on from Kentucky here on the floor, one Introduced Bills and Joint Resolu- of the institutional conscience here. of the ferocious defenders of his party Not too long ago, Mr. President, Sen- tions.’’) and its principles and a person who I ator BYRD stated it most succinctly Mr. FORD. Mr. President, I yield have grown to know, admire and re- and in a most compelling fashion. Sen- such time as the distinguished Senator spect in many ways. On this issue, I ator BYRD, back in December of last from North Dakota may desire from think the Senator from Kentucky year, December 15, 1995, said in the the time that we have. I yield my por- would agree with me that there is a CONGRESSIONAL RECORD: tion of the time remaining to his con- time when we have to do the people’s Under the Constitution, the only real re- trol. sponsibility we elected Members of Congress work we are sent here to do, and we The PRESIDING OFFICER. The have to worry ourselves with is that of en- must give the votes and the debate to Chair recognizes the Senator from suring the passage of the 13 appropriations the issues of the day or we are basi- North Dakota for the balance of the bills that fund the Federal Government. cally derelict in our duty. time until the hour of 12:10 p.m. That is all we really have to do. This year, Mr. President, I cite several issues I Mr. DORGAN. Mr. President, might I while Members of Congress have spent was involved in for years, the line-item inquire, following 12:10, is there an- months and months raising the public’s ex- veto, which I was able to bring up time other 30 minute block of time under pectations for an end to the legislative after time on the floor of this body. gridlock and a new blueprint for governing, the control of the minority leader? we seem to be more preoccupied with one The gift ban, recently the campaign fi- The PRESIDING OFFICER. The petty nuance after another. Instead of ensur- nance reform bill, which, through bi- Chair advises the Senator from North ing that the people’s needs are met, we are partisan agreement, was allowed a Dakota that there would be another 30 arguing over the size of the negotiating vote. The recent progress we made in minutes under the control of the table, how many people can attend, and the Department of Defense authoriza- Democratic leader or his designee. which door of the airplane we can use. All of tion bill, an agreement we made in f this is an unnecessary and unwarranted di- order to move forward with a vote on version. This year, as always, there are dif- GRIDLOCK IN THE SENATE ferences in priorities between the Democrats the chemical weapons convention, and and Republicans and the Congress and the others. We should be able to sit down Mr. DORGAN. Mr. President, I appre- White House. and reach agreements on these issues. ciate that information. This morning, I Mr. President, we are rapidly ap- Mr. President, I am not in the busi- listened with great interest to a menu proaching a position where we cannot ness of predicting. I always keep in of opinions that was offered on the carry out what Senator BYRD described mind the words of the great philoso- floor of the Senate about why the Sen- as the only real responsibility we have pher, Yogi Berra, who said, ‘‘Never try ate has not moved forward more expe- in Congress. Mr. President, it is inter- to predict, especially when you are ditiously to address this issue or that esting what a difference a couple years talking about the future.’’ But I do pre- issue, and why the Senate is not work- can make in one’s viewpoint. It is al- dict that the American people will dis- ing as well as it really ought to work, ways interesting to me, because back play their dissatisfaction in these up- who is at fault, what is wrong. The cho- on October 26, 1994, the Vice President coming elections with Members of both rus was a well-rehearsed chorus. Obvi- of the United States, Vice President parties, if they see we are unable to do ously, a fair amount of time was spent GORE, was quoted in an Associated the work they sent us here to do. I be- on this tune, because everybody was Press story of October 26, 1994, which lieve they will exact some kind of ret- singing almost in complete harmony read, in part: ribution on both parties and send peo- on these issues. With the President overseas, Vice Presi- ple here who are committed to working Let me take the most obvious and dent Al Gore stepped in to launch a blister- out these issues which transcend par- the easiest one. The U.S. Senate July 12, 1996 CONGRESSIONAL RECORD — SENATE S7807 passed, by a vote of 100 to 0, a bill deal- this bill with something else. Let us That is no way to run the U.S. Sen- ing with health care. It was a piece of pass this commonsense health care bill ate. If someone wants cooperation in legislation that almost every American by itself the way it is, the way the Sen- the Senate on issues, to debate the is- believes is long past due. It says the ate has crafted it. That is the way it sues that are important to the people kind of commonsense things like this: left the Senate. of this country and to others in the You ought to be able to take your What has happened since that time? Senate, then they must allow debate health care with you when you move The bill is held hostage. No; not by the on these matters—not concoct a strat- from one job to another. Your health Senator from Massachusetts, or not by egy that says, ‘‘By the way, we will care plan ought to be portable. This a dozen unnamed villains. The bill is offer our legislation as we have crafted legislation says to every American held hostage by those who insist that it behind our closed doors without your family that when you move from one the only way this commonsense health involvement, and the day we offer it we job to another, you are not going to be care bill will get through this Repub- will tell you, ‘No debate; no debate.’ threatened by losing your health care lican Congress is if it has medical sav- We are going to shut off your ability to benefits for you or your children. ings accounts attached to it. If they amend. We are going to shut off your It says that we ought not have a cir- are not attached to it, they have no in- ability to debate, and that is the way cumstance where insurance companies terest in passing this legislation. we legislate.’’ insure people as long as they are well That is what is holding this legisla- If you come into this Chamber with and then cancel coverage when they tion hostage. We are told that this Sen- that attitude and then wonder why are sick. It says we will not allow in- ator, that Senator, or some other your vehicle does not develop any surance companies forever now to say, unnamed Senator holds this bill, or speed, I will tell you why it does not if you have a child with a heart defect, that bill in the palm—well, it is non- develop any speed. Because that is not a child with a preexisting condition of sense. This bill, the Kassebaum-Ken- the kind of a vehicle you can drive some sort, or a member of a family nedy bill, has not moved because of through a legislative process in some- with a preexisting condition, that you some people’s insistence that the only thing constituted like the United are not going to get insurance coverage way this will pass the Congress is if States is constituted. because that preexisting condition other things are included with it. If we There have to be some people who means you are no longer insurable. are not able to put other freight on serve in the Congress who believe that This piece of legislation addresses all this train, then we are not going to let we ought to be debating, amending, of those issues and more. It is a piece the train move. That is the attitude of and improving legislation that deals of legislation that every American some in this Chamber. with real issues people are concerned family will want. It is something that We heard a discourse yesterday about about. There are, to be sure, substan- should be done. And it was passed 100 gridlock in the Senate. I think it is a tial disagreements in our philosophies to 0 in the U.S. Senate. curious thing to see in the U.S. Senate, about how to govern. I understand When we debated that bill, however, which is a body where one would expect that. the then majority leader insisted that the issues of the day to be not just de- I think it is really interesting, by the something else be added to it—some- bated but debated fully, understood way, that we have a bill on the floor of thing that was extraneous, an issue and thought out, reasoned, and com- the Senate now that calls for $11 bil- that was outside of the purview of what promised. I think it is unusual to see in lion more in spending than the Penta- was in the Kennedy-Kassebaum or the the Senate a tactic in which the party gon asked for pushed primarily by peo- Kassebaum-Kennedy bill called medical that has the majority says the follow- ple who insist they want to cut Federal savings accounts. I must say, at least ing: We are going to today, on Tuesday, spending—a bill that said let us spend from my own standpoint, that I think or Wednesday, or whatever day it is, hundreds of millions more for national it is useful to evaluate with a test pro- lay down a piece of legislation before missile defense, or a star wars program gram whether medical savings ac- the Senate. This will be the pending which the Pentagon does not want to counts are a good idea or bad idea, business of the U.S. Senate. This piece deploy; a bill that chooses priorities whether they work or do not work. of legislation is what we will now begin that say we can afford the extra $11 bil- That is fine with me. It is a new idea working on today. Then on the same lion but we have decided we cannot af- certainly. Let us figure out whether it day—the same day—the majority party ford enough money to fully fund a Head works. says, ‘‘By the way, we have now de- Start Program. So we are going to tell But to insist on a massive new ap- cided today we will begin debate. We a bunch of little kids that we do not proach—medical savings accounts, will also file cloture to shut off de- have any room for you anymore in the which many economists and other ana- bate.’’ The same day on which a bill is Head Start Program. We know that lysts say would undermine the whole filed to begin debate, repeatedly clo- program works. Do you believe that circumstance of how we pay for health ture motions are filed to end debate. program does not deal with American care costs in this country, I do not Yesterday we heard from the major- security? Do you believe that program know whether they are right; I am just ity leader that this has been done be- does not strengthen this country? That telling you there is a substantial fore. We are simply learning lessons is the difference we have in priorities, amount of testimony about that—to from what happened in previous Con- I guess, in how we spend our money and suggest that must be added to this gresses. how much we spend. commonsense health care bill in order Well, we looked at the 103d Congress. But I just think it is ironic that for it to move just is out of line. But On only one occasion did that happen, those who talk so much about wanting the then majority leader insisted. He and then it happened because there was to cut spending on one of the biggest said this must be added to that bill. uniform agreement on the procedure by bills before Congress demands and in- So he brought it to the floor of the which it would occur. There was no dis- sists that they spend $11 billion more Senate, and we had what you call a agreement about it. It was on product than the generals and the admirals in democratic vote; two ways. A demo- liability. There was agreement by this country felt was necessary to de- cratic vote means that we all have a which a procedure called for two clo- fend our country. chance to express our opinion; and, sec- ture votes and then the bill being with- I am hoping that we will move ahead ond, the then majority leader failed. drawn. It was the only occasion on and deal with a series of issues in this Senator Dole failed. The Senate said which the Democrats would have ever Congress. I do not want a do-nothing no, we do not want to add medical sav- done that in this Chamber in the 103d Congress. I want a do-something Con- ings accounts to the Kassebaum-Ken- Congress. It has been done repeatedly gress. I want to participate in a Con- nedy bill. No, we do not want to do it. in the 104th Congress—not by consent gress that makes progress. I want to do We did not weigh the votes. We counted of anyone, but in a way that is shoved something about the issue of jobs. I the votes. When the votes are counted, down someone’s throat, a demand that want to do something about shutting those who have the most votes win. although we begin debating the bill down the tax incentives that encourage The votes that had the largest tally today, we also insist on shutting off de- runaway plants. I want to do some- were votes that said let us not laden bate today. thing about health care. I want to pass S7808 CONGRESSIONAL RECORD — SENATE July 12, 1996 the Kassebaum-Kennedy bill; invest in ment just a year ago—shut down the laying down a cloture motion to choke education to make sure that every lit- entire Government in order to try to off, to prevent the minority from offer- tle kid in this country has an oppor- dictate the results of the legislative ing amendments, to act as though the tunity to go to Head Start. process. It was their side that shut minority is not even here, to act as There is a litany of issues that we down the entire Government of the though the Democratic Party does not need to address, and address in a United States to try to dictate the re- exist in the U.S. Senate, to act as thoughtful and an appropriate way. sults in this Chamber. though we have one-party rule. I want the majority leader to be a That is not the way this Chamber is Mr. President, we do not have one- successful majority leader. I consider supposed to function. It is not the way party rule, and we are not going to him a friend. I want the Senate to suc- democracy is supposed to function. If have one-party rule in this country or ceed—not as Republicans or Demo- we go back and try to recall what they in this Chamber, and the majority, I crats. I want us to succeed as a Senate were trying to do, I think we can un- hope, will recognize that that kind of by addressing the issues which we derstand why they had to try to be so dictatorial stance has led us to the think are appropriate and necessary to heavy-handed. What was it they were gridlock we have today. They want to address at this point. trying to do a year ago? They were try- know why there is gridlock? It is be- But it does no good, it seems to me, ing to cut Medicare $270 billion in order cause they have tried to choke off le- for the Senate to spend all of its time to provide a $245 billion tax cut that gitimate minority rights. That is not just standing around in a circle point- would have been directed mainly at the democratic, that is not American, and ing fingers saying, ‘‘Well, this person is wealthiest among us. it is not going to be accepted. at fault; that person is at fault.’’ The That is what they were up to. And There is another way. There is an- fact is that you cannot be laying down there was a reaction against that be- other way. We see what works. We see, bills in the U.S. Senate and demanding cause it was too heavy-handed. The when we work together and we respect on the same day that you are going to other side themselves described what each other, that things can actually shut off debate and then say, ‘‘Well, they were trying to do as ‘‘a revolu- get done here. This week we got the boy, I am surprised that you object to tion.’’ That is what they were seeking minimum wage bill through this Cham- that. I mean, it doesn’t make any sense to impose on the American people, a ber by an overwhelming vote. This that you would object to a procedure revolution, and they did not want any- week we got through this Chamber a by which we say we have concocted body standing in their way. They want- significant package of tax cuts for what we want in a locked room some- ed to trample minority rights. They small businesses and reforms in the place outside your view. Now we bring wanted to proceed. They had the arro- pension system and a whole series of it to you to show it to you and demand gance of power, and they abused their other measures to assist small busi- that you have no voice in determining power. And as a result there was a ness. How did it happen? It happened how it is going to be shaped. Shame on strong reaction against them not only by working together, not by one side, you.’’ in this Chamber but in the country as in a heavyhanded, arrogant way, trying Well, no, not shame on us. If those well because the American people did to dictate to the other side. That way who would begin developing this proc- not want a revolution. They wanted creates gridlock. But, instead, if we ess would understand the quick way, change; they wanted us to get our fis- work together, if we respect each the best way to get the Senate to act cal house in order; they wanted to re- other, things can actually get done on these issues is to involve everyone form the welfare system; they wanted here. It happened in the telecommuni- and to reach sensible compromises and this country to work better; they want- cations bill this year—a major piece of then faithfully represent those com- ed more opportunity; but they did not legislation—when both sides were al- promises as we move ahead, we would want a revolution, and they did not lowed to participate in the legislative pass far more legislation that is far want folks taking from those who are process. more beneficial to the American people middle class to give to those who are I hope the majority will remember, than this 104th Congress has done to the wealthiest among us. That was not this is an institution with two sides. date. what the American people wanted. This is an institution that was formed I have some other things to say, Mr. The other side has engaged in a by our forefathers so that minority President, but I will hold them for a whole series of tactics to try to choke rights would not be trampled. This is a bit. My colleague from North Dakota, off the rights of the minority. We use a body that was formed by our fore- Senator CONRAD, is here, and Senator lot of words around here that are for- fathers to prevent a monopoly of Wyden from Oregon is present. eign to most people—cloture, cloture power. This is a body that was formed Mr. President, I yield such time as motion. What do those things mean? by our forefathers to prevent the arro- may be consumed to the Senator from For most people it is not in their vo- gance of power from trampling the le- North Dakota, Mr. CONRAD. cabulary. Most people I talk to back gitimate rights of the minority. The PRESIDING OFFICER. The Sen- home in North Dakota have no idea I heard other things said on the floor ator from North Dakota. what cloture is. I am not sure my col- this morning that require a response. I Mr. CONRAD. I thank the Chair and leagues understand all of what cloture heard the attack on the President for I thank my colleague from North Da- means. vetoing some of the bills that were kota for this time. Very simply, the tactic that has been passed by the Republican majority. Mr. President, I was in my office this engaged by the other side is to prevent You bet the President vetoed some of morning listening to activity in the the minority here from being able to those bills. He should have vetoed Chamber of the Senate, and I must say offer amendments. Now, that is basic them. They were opposed by a majority I was amazed to hear the charges lev- to the legislative process. The majority of the American people. eled at the minority side by those in leader said yesterday, ‘‘I just learned The American people did not want to the majority. I was listening in my of- this tactic from your leader.’’ No, they have a $270 billion cut in Medicare in fice, and I heard a litany of complaints did not. Not once when we were in the order to finance tax cuts that dis- against the minority for bringing majority did we lay down cloture mo- proportionately went to the wealthiest gridlock to this Chamber. tions on bills that could be amended in our country. That is not what the Mr. President, it was as if the major- unless there was an agreement by the American people wanted. Of course the ity has forgotten that they were once two sides that were in dispute, and that President vetoed that legislation. I ap- in the minority and it is though they only happened once. That only hap- plaud him for it. He did exactly the have forgotten that they are now in the pened once, that a cloture motion was right thing, and the American people majority and they are controlling the laid down which choked off amend- agreed with him. flow of business in this Chamber. ments on the day the bill was intro- I also heard on the floor of the Sen- I especially found it fascinating that duced. And the only time we did was ate this morning that we defeated the our friends across the aisle accuse us of when there was agreement between the balanced budget amendment to the stopping Government when it was their two sides in dispute. The other side has Constitution. I am very proud to have side who shut down the entire Govern- engaged in that practice repeatedly, been one who rose in opposition to that July 12, 1996 CONGRESSIONAL RECORD — SENATE S7809 phony balanced budget amendment. they were telling us, ‘‘Well, yes, we are we have a history of fresh and creative Boy, if there was ever a hoax tried to going to use them, but we will stop approaches to issues before the Govern- be perpetrated on the American people doing it in the year 2008.’’ ment. Our citizens do not get up in the it was that so-called balanced budget First they said, ‘‘We will stop doing morning and say, ‘‘Well, whose got the amendment to the Constitution. I tell it in the year 2012,’’ and we checked partisan answer? Is it a Democratic an- you, as more people found out how and we found out they were going to be swer? Is it a Republican answer?’’ they were proposing to balance the using trillions of dollars of Social Se- They get up and talk about tackling budget by looting every penny of So- curity surpluses by that time. We said major issues in a way that is fair and cial Security trust fund surplus over absolutely not. responsible and meets the needs of the the next 7 years and call that a bal- They went back out and came back public. anced budget, the American people in and said, ‘‘Well, we will stop using So I have tried to take that kind of would be in overwhelming opposition the Social Security surpluses in 2008.’’ philosophy, first as a Member of the to it. That is not any kind of honest Again, they would have taken over $1 House and now as a new Senator, in balancing of the budget. trillion of Social Security surpluses, terms of attacking the need to address If a private company tried to take spent every dime, every penny, and the concerns of the public. the retirement funds of their employ- then said they would balance the budg- As the Senator from North Dakota ees and throw those into the company’s et. What a fraud that would be. said very clearly, it is obvious that is pot and call that a balanced budget, You know, as I was thinking about it, how the Senate has made progress. they would be in violation of Federal in considering my vote on that ques- Look at this minimum wage issue, for law. They would be headed to a Federal tion, I thought if I was the only vote in example. It seems to me when workers institution, and it would not be the this Chamber against that proposition, put out the maximum effort, they de- Congress of the United States. They and if every one of my constituents serve a decent minimum wage. The Senate agreed and, fortunately, Sen- would be headed to a Federal prison, was on the other side, I would vote no. ators of both parties came together, because that is a violation of Federal Because I would never want it said of and passed an important small business law. But that is exactly what our me that I had helped to put in the Con- package. My State is just chock-full of friends on the other side were propos- stitution of the United States, the or- small businesses. We have only a hand- ing, that we have a balanced budget ganic law of this country, the docu- ful of big businesses in the State of Or- amendment to the Constitution that ment that has made this the greatest egon. You can almost count the big would have enshrined in the Constitu- country in human history, something businesses on one hand, so we are a tion of the United States the definition that says you balance the budget when small business State, and those tax in- of a balanced budget that included you have looted trust funds in order to centives that were passed with biparti- call it balanced. looting every penny of Social Security san support are going to make a real I just want to conclude by saying, trust fund surplus over the next 7 years difference at home in Oregon and on there is gridlock here. There is to call it a balanced budget. They were Main Street in our country. going to take $525 billion of Social Se- gridlock. And there is gridlock because The same kind of bipartisan approach curity surpluses, throw those into the the majority has tried to stifle the was used in the Kennedy-Kassebaum pot, and call it a balanced budget. rights of the minority. They have tried bill. I think that the health insurance What a charade. What a hoax, to call to dictate legislative results. That is system in our country needs to work that a balanced budget. not the American way. That is not de- for more than the healthy and the Mr. DORGAN. Will the Senator from mocracy. That is not the constitu- wealthy, and yet, so often, when some- North Dakota yield? tional role of the U.S. Senate. body gets sick, the whole system falls Mr. CONRAD. I will be happy to The way to get things done here is to apart. For a lot of families, you can yield. respect the legitimate rights of every- only get coverage when you really do Mr. DORGAN. I wonder if the Sen- one, to respect everyone and to work not need it, which is when you are well. ator recalls the discussions we had, ac- together. When we do that, we get So the Senate came together, a bi- tually inside the Cloakrooms, in which things done. We got the minimum wage partisan bill was passed, and it is going some members of the majority party passed that way. We got the tele- to make a real difference, because, for were, in private, saying to us, ‘‘We will communications bill passed that way. the first time, when citizens are trying stop using the Social Security funds in We got a substantial package of tax re- to get ahead, when they work hard and 2008,’’ while others were out on the lief for small business and reform of play by the rules, they will not be lim- floor saying, ‘‘We are not using Social pension laws of this country that way. ited in terms of their job advancement Security funds to balance the budget.’’ If anybody is serious about trying to because they cannot get health insur- I said it was three stages of denial. Ac- get things done, the way to achieve re- ance as they try to climb up the ladder tually, there was a third person on the sults is to work together. in the free enterprise system. floor saying, ‘‘There are no Social Se- I yield the floor. So there have been real successes curity funds.’’ Mr. DORGAN. Mr. President, I yield since I have been here, when Demo- So the three stages of denial that as much time as he may consume to crats and Republicans worked together were orchestrated, all at the same the Senator from Oregon. on issues like health and the minimum time, in total harmony, and I might The PRESIDING OFFICER. The wage. I am very hopeful that over the give them credit for that, are: First, Chair recognizes the Senator from Or- next 7 or 8 weeks of the session—and I there are no Social Security trust egon. just remind again our colleagues and funds; or, second, there are Social Se- Mr. WYDEN. Mr. President, let me our friends that there are only a hand- curity trust funds, but we are not mis- say, as somebody who is new here, as a ful of weeks left in the session. To get using them; and then, third, back in new Senator who campaigned for real results on issues like welfare and the Cloakroom here, in their own hand- months on the idea that we have to crime and aviation reforms—many of writing, which I still have, by the way, come together, we have to find com- us are concerned about the situation there are Social Security funds, we are mon ground, we have to get beyond with aviation in this country and want misusing them, and we promise to stop some of the partisan labels, I want to to pass real changes to make sure that by the year 2008. come today and speak for a few mo- the Federal Aviation Administration’s Does the Senator recall that? ments about the importance of that ap- mandate is safety first; that there can Mr. CONRAD. I recall it very well. proach and why I feel it is the only an- be public disclosure of the safety The other side was negotiating with swer, and how I hope the Senate can records of airlines in our country. To the Senator from North Dakota and get back on track and look at issues get this kind of work done on crime myself. On the floor, they were saying, that way. and welfare and transportation, we are ‘‘Oh, no, we have no intention of using First, let me say, I have never con- going to have to have a bipartisan kind Social Security surpluses. We have no sidered myself particularly a partisan of approach, once again, in the Senate. intention of doing that.’’ But right in person. I come from a part of the I think it has been very unfortunate. that room, right in that Cloakroom, world, the beautiful Northwest where I have seen it over the last couple of S7810 CONGRESSIONAL RECORD — SENATE July 12, 1996 weeks and hope that it will not be the let’s take the kind of approach that ed for the Medicare Program and use it practice in the last few weeks in the folks in my home region, the Pacific to give tax cuts, the majority of which session that as soon as a bill is essen- Northwest, take, and that is a biparti- will go to the wealthiest Americans. I tially introduced—and my friends from san one. am glad the President said, ‘‘Not on North Dakota, Senator DORGAN and I believe that it is possible to get my life you are going to do that.’’ He Senator CONRAD, are very right to say, some important work done in these vetoed that. He vetoed that. So a whole let’s get away from some of these ar- next 7 weeks, to get a welfare reform series of overreaching and ill-proposed cane, technical terms—‘‘cloture’’ and bill. We have done that in Oregon. Sen- issues that came to the floor of the the like. ator HATFIELD, my senior colleague, Senate last year the President had to What the bottom line is all about is has done yeoman work in terms of our veto. that for the last few weeks, as soon as jobs plus program. It has a tough work Now the question is, are we going to a major bill has been introduced, there requirement, but we are also helping do this in a serious way? I noticed in has been an effort to immediately cut with child care and medical care. That the paper the other day, ‘‘GOP To off the debate. That bars the minority, kind of bipartisan approach can be an Press Missile Defense as Clinton Test.’’ especially, but certainly Members of ideal model for helping the Senate to They are going to load the defense bill the majority may have differing views come together, Democrats and Repub- down with hundreds of millions of dol- on some of these issues, and debate, licans, to reform the welfare system in lars extra for national missile defense, reasonable debate, is what the Senate the last few weeks of this session. demanding that money be spent on the is supposed to be all about. But to reform welfare, to get a good system the Pentagon says it does not The Senator from North Dakota [Mr. crime bill, to have an important trans- want and the defense community says DORGAN] and I both served in the portation bill—the Presiding Officer, this country does not need, demanding House. One of the things that we Mr. STEVENS, for so many years has it be done in order to confront the thought was possible about service in done outstanding work on these avia- President with a defense issue so they the Senate was to have a bit more tion issues. He knows I am anxious to can say the President is weak on de- time, a reasonable amount of time, for work with him in the days ahead—to fense. That is not from people who are all sides to have a fair airing of an really have progress in these last few serious about wanting to balance the issue. Sometimes that time is not weeks of the session, we are going to budget. It is from people who want to available in the House, and sometimes have to protect the rights of the minor- use these issues as a political wedge. the public’s business suffers as a result ity; we are going to have to work in a My own interest is that we address of it. So I think this practice of, in ef- bipartisan way. That is how we best ad- the central questions facing American families. Are there good jobs available fect, trying to shut off debate, almost dress the public’s needs. as soon as it starts, is something that Mr. President, I yield the floor. for them and for their children? Is there some security with those jobs? is especially unfortunate and is going Mr. DORGAN addressed the Chair. Do they pay well? What about the to make it tougher to get the public’s The PRESIDING OFFICER. The Sen- schools you send your kids to? Are business done in the last few weeks of ator from North Dakota. they doing well? Do we have enough this session. Mr. DORGAN. Mr. President, I appre- Mr. President, I say to my col- ciate the comments by the Senator money for the Head Start Program, leagues, let me reiterate my interest from Oregon. We are delighted he is in enough money for the WIC Program? Are we able to take care of the children and desire in looking at these issues in the Senate. I expect he expected to in our country? What about welfare in a bipartisan way. I think, for example, come to the Senate from the House of this country? Are we going to get able- there are a variety of procedural re- Representatives where they have sub- stantially different rules and be in a bodied people off welfare and to work? forms that would be very helpful in I am proud to have helped construct body where there is substantial debate. terms of the work of the Senate. something called the Work First Pro- We know, again, for the last few Probably a surprising discovery for gram. It does help enable people to go weeks of the session, one of the prac- him is a new trend here in the Senate to work, but not injure the children. tices that is often abused is a Senator of filing cloture motions on amendable Do not say to a 10-year-old or 8-year- issues in order to prevent amendments puts a hold on a bill and does it all in old, get off your behind and go to work. and shut off debate on the same day secret. I think the Senator’s procedural Two-thirds of those who are on welfare that a bill is filed in the Senate for de- rights ought to be protected, but I are under 16 years of age. I do not bate. think there ought to be public disclo- think anyone is suggesting we shove I echo the sentiments of the Senator sure. The hold is not the problem, but them out the door and say, ‘‘Get a from Oregon [Senator WYDEN]. We have I think secrecy is. So what I have been job.’’ Let us take care of the children heard a good many Members come to trying to do is work with Senators on in this country, but let us insist able- the floor earlier this morning describ- both sides of the aisle, Democrats and bodied people go to work. Republicans, to try to make a change, ing all the ills of the Senate to be laid Let us reform the welfare system. to try to get public disclosure when at the feet of the President or the There ought to be enough agreement there is a hold that will make the Sen- Democrats in the Congress. on both sides of the aisle to do this in ate more open, more accountable and Frankly, it is not our interest, it is a way that is not politically gamed so more efficient and be in the interest of not my interest, I think it is not Sen- they can construct it and have a veto the public, so that the public’s right to ator WYDEN’s interest to impede the at the White House, but in a way that know is protected. progress of the Senate in addressing really does reform the welfare system I am not trying to do that in a par- the real issues that people want ad- and in a thoughtful, sensible way. tisan kind of way. I am talking to Sen- dressed. We are not going to roll over Health care. I have said before, let us ators on both sides of the aisle, because and play dead when we have people just pass the bill. Let us pass it I think that is the way we have to do coming to the Senate saying to us, through the House and the Senate that the public’s business. ‘‘Here’s our agenda. If you don’t like it, has already been passed. It passed the (Mr. STEVENS assumed the chair.) tough luck. We’re going to ram it down Senate 100 to 0 dealing with the Ken- Mr. WYDEN. So, Mr. President, I say your throat and send it to the White nedy-Kassebaum bill. to my colleagues, I come to take the House and demand the President sign Portability, preexisting condition, so floor today to say that in these last 7 it.’’ many things the American family or 8 weeks of the session, when there is There was a complaint this morning needs. Pass it. Be done with it. Get the so much important work to be done, let about President Clinton’s veto of some President to sign it. He will. We will us make sure that the procedural bills. Well, let me say as well, I am significantly advance the health care rights of the minority are protected, glad he vetoed the piece of legislation that the families need in this country let us get away from this unfortunate that says, by the way, let us take $270 in the right way. practice we have seen in the last few billion out of what is needed to fund There are other things that I want to weeks of literally cutting off the de- Medicare, and let us use the funds we see done. I am sure the Senator from bate almost as soon as it starts, and get by taking that out of what is need- Oregon shares that. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7811 Crime. I tell you, I very much want the stratosphere. In fact, the Justice ists in America for judges when they to see us do another initiative on crime Department had a study recently that sentence, for law enforcement officials in the right way. I want everyone on showed, particularly between 3 and 7 when they pick someone up on the parole and probation in this country to o’clock, 3 in the afternoon and 7 in the streets, to determine, after a crime, is be drug tested, period. End of story. evening, when you have these at-risk this a suspect? Is this someone who has Everyone on parole and probation in kids, that is when you really have a committed three other violent crimes? America ought to be drug tested while great portion of the violent crime in The fact is, we have a system now in they are on parole and probation. If America. which about 80 percent of the available they fail their drug test, it ought to be There is nothing partisan about tack- criminal records are not available in revoked. ling violent juvenile crime. There are the one criminal justice record system I also want to change the system so Senators of both political parties that we have. I know the FBI and others that in every circumstance in this have dealt with it and come up with in- will say, ‘‘Gee, this is a wonderful sys- country, if you are convicted of a vio- novative ideas. There are people like tem. It works well.’’ The fact is, a lent crime, if you are a violent crimi- the criminologist, James Q. Wilson, whole lot of States do not participate nal and convicted of a violent crime, who are advancing approaches that in it or do not participate fully in it, you spend all of your time in jail, you could be backed by both political par- and the system does not have a lot of do not get good time off for good be- ties to try to particularly make sure the criminal records we need. havior. No good time off for people who that these violent juvenile offenders To start addressing the crime issues, commit violent crimes. If you go to are accountable. one of the first things we need to do is jail, you stay in jail and do not get out But we are not going to get the im- make sure we have a computer record until the end of your term. Very sim- portant work done that the Senator of all convicted felons in this country, ple. If you commit a violent crime, you from North Dakota is talking about know who they are, what they have go to jail. There is no good time off for without thoughtful debate that ensures done and where they have done it, so good behavior. I would very much like that both sides have a reasonable op- that everyone—judges, law enforce- to see us do that. portunity. I hope the Senator from ment people and others—will have ac- I would like to see us advance the North Dakota takes the lead on this cess to it instantly, in a complete man- proposition of victims’ rights. Frankly, crime issue as a Member of leadership, ner. there is now a law, which I authored, and the kind of bipartisan approach the The other thing I say to the Senator dealing with, at least in the Federal Senator is talking about will prevail, from Oregon on other issues, the court system, if you are a victim in the because issues like violent juvenile central issues for most families is, are Federal court system you have a right crime are issues that we can bring this we going to have a decent job? Will our to be in court and testify at the sen- body together on in a bipartisan way to kids have opportunities to get a decent tencing investigation. The victim has deal with. I thank the Senator for job after they have had an opportunity the right to come and say, ‘‘Here is yielding. to go to a good school? Schools and what this crime meant to me.’’ Mr. DORGAN. The fastest growing jobs and your kids—that is what this is What happens? The criminal comes area of crime in this country is juve- all about. in, the person that has been convicted nile crime, especially violent juvenile One of the things I would like to pass comes in. They get them a new blue crime. I find it interesting that if you on the floor of the Senate is shutting suit and haircut and they bring the access the NCIC or the III, the Inter- down this insidious provision that minister and the neighbors in and say state Identification Index, to find out says, ‘‘Move your jobs and your plants what a quiet young boy this was, what who is on there, who committed crimes overseas. We will give you a tax a wonderful young person. And you in this country, what you find is some break.’’ I tried last year to do that. have this story about what the crimi- of the most violent crimes committed They turned it down. I was promised nal is about. I want the victim to say, are not in those records because they they would hold hearings. They have ‘‘Here is what this person did to me are committed by a juvenile. You will not, but we will do it again this year. and my family,’’ or the victim’s family not have access, as a judge or a police If you cannot take the first baby step to say, ‘‘Here is what this meant to officer, by accessing the identification of shutting down the tax incentive that me.’’ index. says ‘‘ship your jobs overseas and the I am pleased to tell you that is now One of the things we worked on for American taxpayer will reward you to in Federal law because I wrote that years is very simple, and we are not the extent of $2.2 billion’’—$2.2 bil- provision in the last crime bill. But as there yet. It requires a lot of attention lion—‘‘reward those who ship their jobs you know, the Federal system only by Congress. That is having a computer overseas,’’ if we cannot shut that down, deals with less than 10 percent of the system, so that on a computer in this then, thinking has stopped in the U.S. criminal justice system. I would like to country we have the records of every Congress, in my judgment. see that in every State and local juris- convicted felon in America. Finally, I do not want to hold the diction, in criminal justice all across If the Senator from Oregon would go Senator from Oregon up, but one of the America—victims’ rights. to a department store this afternoon to things I think is interesting, which The issue of jobs. buy a shirt and use a credit card to buy this Congress ought to deal with, is not Mr. WYDEN. Will the Senator yield a shirt, they will take that credit card just the trade deficit—which I will talk on that point? and run it through a little machine about next week with some of my col- Mr. DORGAN. Yes. that is an imager that determines the leagues; I will introduce a piece of leg- Mr. WYDEN. This crime issue is so magnetic strip on the card, and then in islation on the trade deficit—but the important. I share the Senator’s view. 20 seconds they will tell the Senator trade deficit, merchandise trade deficit I just add, this question of violent juve- from Oregon whether his credit card is enjoyed in this country is higher than nile crime is especially important. good or not. Let us assume the Senator the fiscal policy, different by a sub- Again, you see Senators of both parties from Oregon has a credit card that is stantial margin, and there is not a who have done excellent work on this, good. But immediately they will tell whisper of attention to it. But you can Senators HATCH and THOMPSON—I have everyone, is this a good credit card or only repay the trade deficit with a watched Senator BIDEN—all of whom is it not? Twenty seconds. lower standard of living in our country. have been very helpful to me and my They can keep track of 200 million It is a threat to this country, and we staff in my early days as a Senator. I credit cards—more than 200 million must deal with it, not by shutting our think they can help us put together a credit cards—that way, and access in 20 borders, but by dealing with those package dealing with violent juvenile seconds the credit status of someone countries with whom we have large crime. going to buy a shirt. The question is trade deficits, dealing with those cir- In a lot of communities—the adult this: Why do we not have access, for cumstances where it is resulting in a crime rate is still too high but has sort the several millions of people who have substantial export of American jobs. of leveled off—but the rate of violent committed violent crimes in this coun- We have a $170 billion merchandise juvenile crime has just gone through try, to every criminal record that ex- trade deficit, and this country has to S7812 CONGRESSIONAL RECORD — SENATE July 12, 1996 begin to confront the question of why My sense has been the Government ment, headed toward a massive reces- do we have that and what do we do does not even really measure today’s sion. That is not what the jobs data about it. modern economy in an accurate kind of was. The jobs data showed that fewer I wanted to mention one additional way. I served on the Joint Economic people were unemployed, more people item today on the floor of the Senate. Committee for a period of time, and I were employed and the economy was There was a story in the Washington was concerned that the Bureau of getting better. What happens? A deep Post this week that says, ‘‘Federal Re- Labor Statistics was not in a position plunge in the stock market. News that serve policymakers are watching wages to have the resources, it was not in a even unemployment is at a 6-year low for clues to whether they need to raise position to have the tools to really is not good news for Wall Street. NBC interest rates again.’’ Now, the point of measure the modern economy. nightly news lead: ‘‘The Economy Is this is that Federal Reserve policy- This whole idea about the relation- Too Good for Markets.’’ makers are watching wages. What is ship of inflation and growth, I think, The data in February and March. the message there? The message is that really needs a fresh look. My sense is ‘‘Employment revealed increases in we better not see an increase in wages, that because of technology, we can jobs prompting steep sell-offs on Wall we better not see something that is have a higher degree of noninflationary Street.’’ good for American families, or we will economic growth than we could in the ‘‘Economy Surge Hailed by Presi- clamp down. That is the message. past. I look forward to working with dent, but Markets Fall.’’ Now, what does this mean? It is be- the Senator on these issues. ‘‘Wall Street plummeted Friday’’— cause the financial markets took it on I also say, once again, we are talking this is March—‘‘and major sell-off trig- the chin last week. They said, ‘‘A key about something that is not a partisan gered by what seemed to be splendid factor was the report from the Labor kind of issue. Everybody in this body economic news, a drop in unemploy- Department that average hourly earn- wants to make sure that we grow the ment, and the biggest jobs gain in more ings jumped .8 of a percent last month, economy, that we incent the private than a decade.’’ the largest increase since 1982.’’ sector in a way to have good-paying February. ‘‘When Federal Reserve What John Berry, the reporter, does jobs, and we do not want to fan the Board Chairman Alan Greenspan hint- not say, and they never say, is that the fires of inflation. ed in testimony that the economy increase in wages last month, which These are not partisan kinds of is- could grow at a 2.5 percent rate this was a large jump, only takes wages sues. The Senator, talking about wages year, the market gulped. The ensuing back to where they were last Decem- and the Fed, he did not mention Demo- speculation sent the Dow Jones down ber. You do not get a report in the crats, he did not mention Republicans. 45 points.’’ Washington Post by Mr. Berry, month We are talking about kinds of ap- Just to show that it is not all irra- after month, that talks about how far proaches this body ought to be looking tional, some of it is politics, this says, wages have come down, and if you take at in terms of the modern economy. ‘‘GINGRICH blames White House for a look at the drop of American wages When I talk about noninflationary stock market plunge.’’ But that is an month after month after month in real economic growth, I submit that what is aberration. purchasing power, you do not see many driving it is the technological revolu- ‘‘U.S. Stocks Make Steep One-Day stories or much in the headlines about tion, which, again, is not the special Drop.’’ This is October of last year, on that. But have a spike up in wages in 1 prerogative of Democrats or Repub- good economic news. But it is not all month, only to take us back to where licans. clearly irrational on that side. You get it was in December of last year, and all I thank the Senator for yielding. good economic news, and Wall Street of a sudden the market and all those Mr. DORGAN. I agree. There are two looks for a window to jump out of. It who write about the market have an things that drive it. One is the techno- happens the other way as well. ‘‘Last apoplectic seizure. logical revolution and the second is the year, bonds rose after the Labor De- Every time you get a bit of good global economy. Two or 3 billion new partment said Friday morning that un- news for the family that maybe wages workers in the world are now eligible employment claims had risen by 5,000 are stabilizing or going to start to and able to compete in an open market, last week.’’ So you had some bad eco- come up just a little bit, what happens? especially with the lower skilled Amer- nomic news, and Wall Street goes, Wall Street does a somersault. Wall ican workers, the bottom two-thirds of ‘‘Thank God, we got some bad eco- Street looks for a window to jump out of. The unemployment rate drops to its the American work force, and those 2 nomic news. That is good news for us lowest level in 6 years, a July 6 head- or 3 billion people living elsewhere can on Wall Street.’’ What kind of twisted logic is this? line, ‘‘Stocks, Bonds, Plunge on Jobs make 10 cents an hour, 20 cents an Felix Rohatyn wrote a piece that I will Report.’’ Unemployment goes down, hour, or 60 cents an hour. In many send to my colleagues, in which he said more people are working, it means the cases, what you have is 12-year-olds economy is better, and Wall Street making 12 cents an hour, working 12 that many corporate leaders agree and says, ‘‘Oh, my God, look what is hap- hours a day, competing against Amer- believe that it is a false choice in this pening to America. Woe are us. What ican workers, which drives down Amer- country now. Wall Street and the Fed, on Earth is going to happen to our ican wages. When American wages especially, have led us to believe that country? More people are working, and start to firm up a little bit, we simply it is a false choice that we must choose they are getting higher wages. America climb back out of the hole to where we between economic growth and infla- must be going to hell in a handbasket. were last December, the stock market tion—a fundamentally false choice. What on Earth is going to happen to has a heart attack. But those who believe we must choose our economy next?’’ Let me go through a couple other between either growing as a country or Mr. WYDEN. Will the Senator yield? headlines: ‘‘Job and Wage Data Put inflation are the ones who are causing Mr. DORGAN. I am happy to yield to Pressure on Fed,’’ July 8; ‘‘Unemploy- us to drop anchor at the first hint of the Senator. ment Rate Hits 6-Year Level While Pay wind that gets in the sales of this econ- Mr. WYDEN. This issue is really an Posts Big Monthly Gains.’’ Again, it omy. The first time the economy starts interesting issue. I say, it seems to me, just crawled back up to where it was moving a bit, it is time to drop anchor. in today’s economy we can have more the previous December. If you read this What does all that mean? It means noninflationary economic growth than all in the Wall Street Journal, it would that the ups and downs—this casino in you could in the past. You look at give you great cause for alarm if you which there is daily betting with tril- technology, for example, and tech- are on Wall Street and have another lions of dollars, where people make nology is driving so much of today’s agenda. So what happens is the stock money going up and make money going economy. I think the Senator is mak- market and the bond market has a sei- down, and people buy what they will ing a very important point with re- zure. never get from people who never had it, spect to the role of growth and the Fed July 8, ‘‘Jobs Data Sparks 115-Point and they make money on both sides of and the issues that, frankly, are not Plunge.’’ You would think maybe the the transaction—is all at the expense getting the kind of attention they jobs data was that it showed America of working families, who sit around ought to receive. was in deep trouble, deep unemploy- eating supper asking themselves: Well, July 12, 1996 CONGRESSIONAL RECORD — SENATE S7813 what is our life like? What about us? ment said, education is really the key. ‘‘Lee’’ Schoenhard, a good friend and What is the situation in my job? Am I A lot of us here have said that what we one of the most charitable men South being paid more or less? Am I making ought to do, on a bipartisan basis, is Dakota has ever known. progress or falling behind? Is my wage say that when working families are At the age of 4, Lee Schoenhard up, or is it deteriorating? Is my job making payments for college or voca- moved with his family to South Da- more or less secure? What about my tional education, let us make that tax kota in 1924. At the young age of 17, he child, who is ready to go to college? Is deductible. Let us let them write that moved to Chamberlain, SD, to begin a the economy expanding sufficiently so off, so that we have a tax cut geared di- career in farming. He would change ca- that that child is going to have an op- rectly toward working families trying reers often in life. At different times, portunity to get some interviews and to deal with that wage crunch that the he made a living in the construction, maybe have a choice of a job or two? Senator from North Dakota is talking trucking, and the lumber businesses. In That is the central question. Those about. It gives us an opportunity to 1965, he built and opened Lee’s Motor who believe they should scare this have the kind of growth that Felix Inn, a 60-unit motel that is still one of country into accepting a rate of eco- Rohatyn and others are talking about. the finest places to stay in Central nomic growth of 2 or 2.5 percent, and I think the Senator is very much on South Dakota. From 1973 to 1977, he decide that the standard practice in target in bringing these issues up. owned and operated the Missouri Val- this country is to revel in bad eco- There certainly is not anything par- ley Grain Co. as well as a feed lot in nomic news and despair in good eco- tisan about these kinds of questions. I central South Dakota that fed over nomic news, have done a real disservice hope that as we go into the last few 80,000 cattle. Lee’s hard work and keen to the potential of this country’s econ- weeks of the session, this is the kind of sense of business turned almost every approach we should take. I thank the omy. Felix Rohatyn is fundamentally opportunity he encountered into a suc- Senator for letting me work with him right. It is a false choice for us now in cess. Despite having attained only a on this morning’s discussion. the global economy when wages have Mr. DORGAN. Mr. President, I thank sixth grade education, he became one been going down, not up, to say that we the Senator from Oregon, Senator of the most successful and wealthy must choose between economic growth WYDEN, for coming this morning, as businessmen in the State of South Da- or more inflation. well as Senator CONRAD and Senator kota. I do not want more inflation. I do not But, Lee Schoenhard’s wealth ex- FORD. Again, what he said last is, I think it serves this country’s interest. think, most important. The Senate will tended far beyond his earnings. Inflation has been coming down for 5 work its will on issues. But we cannot After he passed away last month, Lee years in a row. If you believe Alan have a circumstance where we are told was remembered, not as a man of Greenspan, that the consumer price we have made the decision in some riches but rather as a man of compas- index overstates inflation by a percent room someplace, and we are bringing it sion, and the fond recollections of the and a half, we have almost no inflation to the floor, and we are cutting off people he helped will forever remain in America today. Yet, we have all your right to debate it and accept it, or the most powerful public statement these micromanagers who see them- else. That is not the way the Senate that can be made about his life. People selves in the hold or the engine room of can work. will remember him driving over 18,000 a ship of state, operating the controls Most of us are anxious to work with miles in 4 months to raise money for a to try to slow the ship down. My Uncle the majority to get things done. I say hospital in Lyman County. They will Joe could slow the ship down. If that is that, despite the anxiety of the end of remember the 22 carloads of scrap iron the job description of the Fed for serv- the week on the legislation that was and the 500 carloads of wheat straw ing on Wall Street, my Uncle Joe can pending, this was actually a pretty pro- that he bought and delivered to the do that job. I want this country to have ductive week in the Senate. We passed Army for material purposes in World an economy that expands and produces some very substantial pieces of legisla- War II. They will remember the $9,000 more jobs and better wages. tion dealing with the minimum wage, he gave every year in scholarships for Mr. WYDEN. Will the Senator yield? with small business regulatory issues, area school children, and the $1 million Mr. DORGAN. I am happy to yield. and tax issues that will be very helpful foundation he created to fund commu- Mr. WYDEN. I share the Senator’s in- to small business. The Defense author- nity projects in his hometown and sur- terest in this Rohatyn analysis. What ization bill was passed on final passage. rounding areas. Through these and is interesting is that there really is a This was actually a productive week. I other numerous gifts, his wealth will link between the growth issue and hope future weeks will be as produc- continue to help South Dakotans into those concerns of working families tive. Our intention is to work, in a se- the next century, and it is in these acts that the Senator from North Dakota is rious and conscientious way, with the of kindness that the memory of Lee right to zero in on. majority. But we will not be rolled Schoenhard will continue to live. There was a study a couple of weeks over by people who insist on doing I will remember Lee Schoenhard as a ago, a Census Bureau study, that things that prevent us from being part dear friend, and can truly say he was showed that the gap between those at of the debate. That is a message that among the wisest and most caring men the very top and those at the bottom is they need to understand, and I hope I have known. He embodied the South widening again and, well, it confirms they will understand. Dakota spirit with a kind and honest what a lot of us suspected. But there Mr. President, I yield the floor. heart, and we will all miss him greatly. was also another study that did not get The PRESIDING OFFICER. In my f the attention, frankly, it should have, capacity as a Senator from Alaska, I which said that the education gap is suggest the absence of a quorum. SAUDI ARABIA BOMBING widening between folks at the top and The clerk will call the roll. Mr. KERREY. Mr. President, I rise to folks at the bottom. The legislative clerk proceeded to comment on a disturbing trend I see So there really is a link, a kind of call the roll. arising in the aftermath of the terror- interdependence between the issues Mr. GORTON. Mr. President, I ask ist killing of our military personnel in that the Senator is talking about. We unanimous consent that the order for Saudi Arabia. I am concerned because I ought to be looking at a noninflation- the quorum call be rescinded. believe we may be developing a re- The PRESIDING OFFICER. Without ary economic growth rate that I think sponse that plays right into the terror- objection, it is so ordered. is increased beyond where we are ists’ hands. today. I think we can get it if Demo- f I frankly question some of the re- crats and Republicans in this body MORNING BUSINESS sponses coming out of the Congress. come together and pass the kind of Some of these responses neglect an- policies that will complement that. swering the fundamental question: For example, if you want to attack IN REMEMBRANCE OF LEE Why did the terrorists choose to kill that education gap, which was the SCHOENHARD Americans in Dhahran on June 25, 1996? study I mentioned last week, which Mr. DASCHLE. Mr. President, I rise This question is fundamental because if complemented what the Census Depart- today to honor the memory of Leland you answer it, you will immediately S7814 CONGRESSIONAL RECORD — SENATE July 12, 1996 reach some conclusions about the right war. We now need to prove we will sup- nomic growth cannot be achieved in a and wrong response to the bombing. port a war that lasts 72 weeks—or how- climate of instability, and human po- I say to my colleagues, in order to ever long it takes to defeat this enemy. tential cannot be realized in an atmos- understand the next steps we should be The nervousness over vulnerabilities, phere of fear. If the people of Niger are taking as a nation, you must try to put the second-guessing of the chain of to find their much-deserved place yourself in the mind of the terrorists command, the search for an exit strat- among the emerging markets and de- to determine what they want. Based on egy should be going on in the terror- veloping nations of Africa, Niger must all of the rhetoric and the history of ists’ lair—not in the United States. return to democracy. terrorism in this region, there are, in Let’s focus the anger where it belongs. f my view, as least three things the ter- f rorists want to have happen as a result REPUBLICAN BUDGET SUPPORTS of their attacks. First, they want to di- FLAWED ELECTIONS IN NIGER STUDENT AID vide Saudi Arabia from the United Mrs. KASSEBAUM. Mr. President, Mr. PRESSLER. Mr. President, States. Second, they want to force the early this week, the people of the Re- today I would like to express my con- United States out of Saudi Arabia. public of Niger were denied their right tinued support for Federal student fi- Third, they want to make it more dif- to choose their own leadership and con- nancial aid programs. I relied on stu- ficult for the United States to deploy trol their destiny. I want to express my dent loans to fund my college edu- its forces overseas. deep disappointment in the Nigerian cation at the University of South Da- If these are in fact the goals of the elections and in the military regime kota, so I understand the importance terrorists, and I believe they are, some that chose to retain power through of these loans for students and fami- reactions in Congress and the media fraud and intimidation rather than lies. Low income levels should not deny are playing right into the terrorists’ honor its word to hold free and fair young people the opportunity to hands. I have heard implications that elections. achieve their dream of a college edu- cast doubt on the competence of the In January, immediately after Gen. cation. Programs such as Stafford military chain of command to protect Ibrahim Barre Mainassara deposed loans, Pell Grants, and work study pro- the troops. I have heard doubt cast on Niger’s democratically elected presi- grams enable young people to fulfill the sincerity and willingness of an im- dent in a military coup, he pledged to that dream and pursue their ultimate portant ally to cooperate with the return the country to democracy as dreams of personal and professional United States. I have heard speculation soon as possible. At that time, the success. about the stability of the government United States rejected the use of mili- One of the great challenges for Amer- of that important ally. If I were the tary solutions for political problems by ican families is the rising cost of a col- terrorist, I’d be pleased at these reac- suspending bilateral development and lege education. For the past two dec- tions and be confident that one more military assistance, as well as support ades, tuition costs have risen twice as fast as inflation. Financial aid has not spectacular attack might just be good for Niger in multilateral financial in- kept pace with these soaring price in- enough to finish the job and drive the stitutions. We urged Barre to keep his creases. The result? More and more Americans out of the region. word and encouraged the military gov- I say to my colleagues, these are not students and their families are strug- ernment to reestablish democracy the appropriate responses when we are gling to pay for college today. In my quickly and transparently. at war. And believe me, whoever they home State of South Dakota, 83 per- Balloting started on Sunday, despite may be, the terrorists have declared cent of students attending public col- the fact that the Independent Electoral war on the United States. And I think leges receive some type of Federal fi- Commission had twice requested a we can all agree, when we are at war, nancial aid. As the number of students postponement in order to ensure that the appropriate response is not to do receiving loans continues to grow, the accurate voter lists and voter cares what your enemy wants. overall student aid debt accumulates were in place. General Barre rejected The appropriate response is to sup- along with it. Even more of a concern, these requests and, instead, extended port our military and its commanders. the rising cost of tuition increases the the voting through Monday. On this The appropriate response is to praise size of the debt students pay off after the airmen at Al Khobar Towers for second day of balloting, the general de- college. South Dakota students now the dedication and alertness which pre- ployed security forces to the homes of graduate with an average debt of more vented greater casualties in the attack. his opponents, shut down private radio than $10,000. This means that college The appropriate response is to pile on stations—including the Voice of Amer- graduates are forced to divert a higher all of the intelligence and war-fighting ica affiliate—and dissolved the Inde- share of their earnings in order to pay resources we can marshal so as to put pendent Electoral Commission. off their student debts. the perpetrators out of business and to Barre appointed a new commission Students struggle to find ways to pay punish their state sponsor, if we find which declared him the winner only off these huge debts. Increasingly, they one. The appropriate response is to be hours later. Quickly after that declara- work while attending school. This sure our troops enjoy the maximum tion all demonstrations and public as- trend tends to deflate the student’s protection consistent with the mission. semblies were banned. Political leaders educational experience. The appropriate response is to continue are under house arrest, and political I am pleased the Republican budget with our vital mission in Saudi Arabia. activists are being detained. that passed Congress earlier this year Mr. President, we should be making Mr. President, I join with the admin- would respond to these trends. The it clear, right now, the United States is istration and other members of the budget includes responsible, cost-effi- angry. But we are not angry because a international community in condemn- cient reforms to student financial aid barrier was too close to a building. We ing these recent events. The age of ac- programs. These programs can be im- should be making it very clear we are cepting military coups and authoritar- proved without harming the actual aid angry because someone attacked us. ian regimes in Africa is over. France, levels that students depend on. Reform That someone should understand they with its unique influence in Niger, can can be achieved by eliminating small, are the focus of our anger, not our have an especially powerful voice in ar- specialized scholarship programs and military commanders. We should be ticulating this message. For this rea- Federal bureaucracy. confirming our commitment the Unit- son, it is particularly disturbing that Unfortunately, liberal interests have ed States will not leave Saudi Arabia. the bilateral French delegation on the tried to use the issue of student finan- We should make sure our enemy under- ground claimed that, by Nigerian cial aid to their benefit. They have stands they will be punished and their standards, this weekend’s election was used false propaganda to scare young organization will be destroyed. And a sound one. people and their parents. I urge Ameri- this will happen to them no matter In this era of change and growth cans to look at the facts, not the false- how far we have to go our how long it throughout much of the African Con- hoods. The Republican plan for student takes. tinent, Niger now stands out as a coun- aid would increase the amount of aid We Americans proved during Desert try moving against the tide of openness available to students, while downsizing Storm that we will support a 72-hour and progress. Development and eco- inefficient Federal bureaucracy. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7815 The Republican budget for student fi- I will continue fighting for afford- accompanying papers, reports, and doc- nancial aid would do three things. able, accessible student financial aid uments, which were referred as indi- First, it would increase the maximum programs and to secure a better future cated: Pell Grant level to $2,470—the highest for the young people of South Dakota. EC–3341. A communication from the Comp- level ever. Second, it would maintain f troller General of the United States, trans- current funding levels for the Federal mitting, pursuant to law, a report relative to Work-Study Program and the supple- THE VERY BAD DEBT BOXSCORE the Capitol Preservation Fund; to the Com- mental education opportunity grants. Mr. HELMS. Mr. President, at the mittee on Rules and Administration. close of business yesterday, Thursday, EC–3342. A communication from the Na- Lastly, it would maintain the in-school tional Marine Fisheries Service, National interest subsidy and postgraduation July 11, 1996, the Federal debt stood at Oceanic and Atmospheric Administration, grace period for all students. I am $5,152,639,995,932.57. Department of Commerce, transmitting, pur- proud we were able to maintain this On a per capita basis, every man, suant to law, the report of a final rule enti- funding during these tough budget woman, and child in America owes tled ‘‘Fisheries of the Northeastern United times. Student aid is a priority in this $19,423.80 as his or her share of that States,’’ (RIN0648–AI21) received on July 2, Congress. debt. 1996; to the Committee on Commerce, f Science, and Transportation. We could provide more for student EC–3343. A communication from the Office aid if we abolished the Clinton admin- MESSAGES FROM THE PRESIDENT of the Managing Director, Federal Commu- istration’s wasteful, expensive direct Messages from the President of the nications Commission, transmitting, pursu- lending program. The Congressional ant to law, a report relative to the interstate United States were communicated to Budget Office estimates that taxpayers average schedules; to the Committee on the Senate by Mr. Thomas, one of his would save more than $1.5 billion over Commerce, Science, and Transportation. secretaries. EC–3344. A communication from the Acting 7 years if the direct lending program f Director of the Office of Fisheries Conserva- were abolished. tion and Management, National Marine Fish- Faceless bureaucrats in Washington EXECUTIVE MESSAGES REFERRED eries Service, National Oceanic and Atmos- are not able to provide students and As in executive session the Presiding pheric Administration, Department of Com- families in South Dakota with the Officer laid before the Senate messages merce, transmitting, pursuant to law, the re- same personal service offered by home- port of a rule entitled ‘‘Groundfish of the from the President of the United Bering Sea and Aleutian Islands Area,’’ re- town banks and credit unions. This is States submitting sundry nominations just common sense. The people of ceived on June 28, 1996; to the Committee on which were referred to the Committee Commerce, Science, and Transportation. South Dakota greatly prefer one-on- on Environment and Public Works. EC–3345. A communication from the Man- one consultation with a small bank or (The nominations received today are aging Director of the Federal Communica- credit union in their hometown, not printed at the end of the Senate pro- tions Commission, transmitting, pursuant to the endless maze of redtape that ac- ceedings.) law, a report relative to the Broadband PCS Competitive Bidding and the Commercial companies the direct-lending program. f This is another example of how the Mobile Radio Service Spectrum Cap; to the Clinton administration believes big MESSAGES FROM THE HOUSE Committee on Commerce, Science, and Transportation. government is the answer and should At 12 p.m., a message from the House EC–3346. A communication from the Man- be involved in our daily lives. of Representatives, delivered by Mr. aging Director of the Federal Communica- Frankly the single best way to show Hays, one of its reading clerks, an- tions Commission, transmitting, pursuant to our support for student financial aid nounced that the House has passed the law, a report relative to the growth of the programs and most importantly, for following bill, in which it requests the Univeral Service Fund; to the Committee on our children, is to balance the budget concurrence of the Senate: Commerce, Science, and Transportation. and reduce the massive national debt. EC–3347. A communication from the Sec- H.R. 3755. An act making appropriations retary of Veterans’ Affairs, transmitting, a These issues are entwined. Young peo- for the Departments of Labor, Health and draft of proposed legislation to redesignate ple today stand to inherit the respon- Human Services, and Education, and related the title of the National Cemetery System sibility of the national debt, which now agencies, for the fiscal year ending Septem- and the position of the Director of the Na- totals $5 trillion. Interest payments on ber 30, 1997, and for other purposes. tional Cemetery System; to the Committee the debt alone are a considerable bur- on Veterans’ Affairs. At 12:44 p.m., a message from the EC–3348. A communication from the Sec- den—more than $200 billion each year House of Representatives, delivered by and rising. As the interest grows, it di- retary of Veterans’ Affairs, transmitting, a Ms. Goetz, one of its reading clerks, an- draft of proposed legislation to ensure that verts Federal resources from programs nounced that the House has passed the appropriated funds are not used for operation like student financial aid. A balanced following bill, in which it requests the of golf courses on real property controlled by budget would protect worthwhile Gov- concurrence of the Senate: the Department of Veterans’ Affairs; to the ernment programs, reduce the debt and H.R. 2428. An act to encourage the dona- Committee on Veterans’ Affairs. EC–3349. A communication from the Direc- the size of interest payments. Just as tion of food and grocery products to non- tor of the Office of Regulations Management, important, it would lower overall in- profit organizations for distribution to needy Office of the General Counsel, Department of terest rates, and increase more jobs. individuals by giving the Model Good Samar- Veterans’ Affairs, transmitting, pursuant to itan Food Donation Act the full force and ef- This means college graduates would law, a rule entitled ‘‘Reestablishing Rule- fect of law. have an easier time to find that first making Procedures,’’ (RIN2900–AI32) received job, buy that first home, pay off their f on June 27, 1996; to the Committee on Veter- student loans, and provide for their MEASURES REFERRED ans’ Affairs. children. f I believe the continuation of student The following bill, previously re- financial aid programs is vital. These ceived from the House of Representa- PETITIONS AND MEMORIALS programs not only give students the tives for the concurrence of the Senate, The following petitions and memori- opportunity to receive an education was read the first and second times by als were laid before the Senate and that is essential in today’s society, but unanimous consent and referred as in- were referred or ordered to lie on the they also allow America to keep a com- dicated: table as indicated: petitive edge in competition in our in- H.R. 1861. An act to make technical correc- POM–652. A resolution adopted by the Leg- creasingly global economy. It is essen- tions in the Satellite Home Viewer Act of islature of the State of Alaska; to the Com- 1994 and other provisions of title 17, United mittee on the Judiciary. tial that the U.S. work force be an edu- States Code; to the Committee on the Judici- ‘‘LEGISLATIVE RESOLVE NO. 54 cated one that is ready to compete ary. ‘‘Whereas the State of Alaska is within the with other countries of the world. Pro- f viding adequate financial support for jurisdiction of the United States Court of students will achieve this essential EXECUTIVE AND OTHER Appeals for the Ninth Circuit; and COMMUNICATIONS ‘‘Whereas the Court of Appeals for the goal. Young people should have the op- Ninth Circuit consists of the States of Alas- portunity to fulfill their potential and The following communications were ka, Arizona, California, Hawaii, Idaho, Mon- achieve their dreams. laid before the Senate, together with tana, Nevada, Oregon, and Washington and S7816 CONGRESSIONAL RECORD — SENATE July 12, 1996 the federal territories, possessions, and pro- ‘‘JOINT RESOLUTION SUBMISSION OF CONCURRENT AND tectorates in the Pacific; and ‘‘Whereas, Improving patient access to SENATE RESOLUTIONS ‘‘Whereas United States Representatives qualify health care is a paramount national Bunn and White of Oregon, Representative The following concurrent resolutions goal; and Dunn of Washington, and Representative and Senate resolutions were read, and Young of Alaska have introduced H.R. 2935, a ‘‘Whereas, The key to improved health referred (or acted upon), as indicated: care, especially for persons with serious bill that would amend Title 28 of the United By Mr. LOTT (for himself and Mr. States Code to divide the Court of Appeals unmet medical needs, is the rapid approval of safe and effective new drugs, biological DASCHLE): for the Ninth Circuit into two circuits, and S. Res. 278. A resolution to authorize testi- products and medical devices; and that has the short title of the ‘‘Ninth Circuit mony, production of documents, and rep- Court of Appeals Reorganization Act of ‘‘Whereas, Minimizing the delay between resentation of Senate employee in State of 1996’’; and discovery and eventual approval of a new Florida v. Kathleen Bush; considered and ‘‘Whereas H.R. 2935 proposes to remove the drug, biological produce, or medical device agreed to. states of Alaska, Arizona, Idaho, Montana, derived from research conducted by innova- f Nevada, Oregon, and Washington from the tive pharmaceutical and biotechnology com- Court of Appeals for the Ninth Circuit and panies could improve the lives of millions of STATEMENTS ON INTRODUCED place them in a new Court of Appeals for the Americans; and BILLS AND JOINT RESOLUTIONS Twelfth Circuit to be headquartered in Port- ‘‘Whereas, Current limitations on the dis- land, Oregon; and semination of information about pharma- By Mr. LAUTENBERG: ‘‘Whereas H.R. 2935 would make each cir- ceutical products reduce the availability of S. 1950. A bill to amend the Federal cuit judge of the Court of Appeals for the information to physicians, other health care Water Pollution Control Act to im- Ninth Circuit whose duty station is in Alas- professionals and patients, and unfairly limit prove the quality of coastal recreation ka, Arizona, Idaho, Montana, Nevada, Or- the right of free speech guaranteed by the waters, and for other purposes; to the egon, or Washington a circuit judge of the First Amendment to the United States Con- Committee on Environment and Public new Court of Appeals for the Twelfth Circuit; stitution; and Works. and ‘‘Whereas the membership of the Court of ‘‘Whereas, The current rules and practices THE BEACHES ENVIRONMENT ASSESSMENT, Appeals for the Ninth Circuit is heavily governing the review of new drugs, biological CLOSURE AND HEALTH ACT OF 1996 weighted toward the State of California and products, and medical devices by the United Mr. LAUTENBERG. Mr. President, I the court seems to concern itself predomi- States Food and Drug Administration can rise to introduce the Beaches Environ- nately with issues arising out of California delay approvals and are unnecessarily expen- sive; now, therefore, be it mental Assessment, Closure, and and the southwestern United States; and Health [BEACH] Act of 1996. ‘‘Whereas the Court of Appeals for the ‘‘Resolved, That this general assembly of the state of Rhode Island and Providence Mr. President, coastal tourism gen- Ninth Circuit’s case filings are greater than erates billions of dollars every year for any other federal circuit; and Plantations hereby respectfully urges the ‘‘Whereas members of the Court of Appeals President and the Congress of the United local communities nationwide. More- for the Ninth Circuit have shown a surpris- States to address this important issue by en- over, our coastal areas provide im- ing lack of understanding of Alaska’s people acting comprehensive legislation to facili- measurable benefits for millions of and geography that has resulted in decisions tate the rapid review and approval of innova- Americans who want to build sand cas- that have often caused the people of Alaska tive new drugs, biological products, and med- tles, cool off in the water, take a walk unnecessary hardship; and ical devices, without compromising patient with that special someone, or just ‘‘Whereas, in the so-called ‘‘Katie John’’ safety or product effectiveness; relax. New Jersey’s tourism sector is subsistence case, which is of tremendous im- ‘‘Resolved, That the secretary of state be the second largest revenue-producing portance to the people of the State of Alas- and he hereby is authorized and directed to ka, even though the Court of Appeals for the transmit duly certified copies of this resolu- industry in the State. Without a doubt, Ninth Circuit granted expedited consider- tion to the President of the United States, the lure of my State’s beaches gen- ation of that case, the court did not issue its the Speaker of the United States House of erates most of this revenue—over $7 decision for over 13 months; this expedited Representatives, the President of the United billion annually. decision is now under reconsideration by the States Senate, and the Rhode Island delega- Mr. President, alarmingly, this heav- court; and tion in Congress. ily used natural resource can actually ‘‘Whereas Attorney General Bruce Botelho pose a threat to human health if it is estimates that there are more than 200 Alas- not properly managed. Studies con- ka cases currently pending before the Court POM–654. A resolution adopted by the of Appeals for the Ninth Circuit; and Council of the City and County of Honolulu, ducted during the past two decades ‘‘Whereas the Attorneys General of the Hawaii relative to the draft of proposed leg- show a definite relationship between States of Idaho, Montana, Oregon, and Wash- islation entitled ‘‘Private Storage Facility the amount of indicator bacteria in ington have also found that similar issues of Authorization Act of 1996’’; to the Commit- coastal waters and the incidence of unnecessary delay concerning, lack of under- tee on Energy and Natural Resources. swimming-associated illnesses. standing of, and lack of consideration for Viruses are believed to be the major cases and issues by the Court of Appeals for f cause of swimming-associated dis- the Ninth Circuit exist in regard to those eases—gastroenteritis and hepatitis are states; and ‘‘Whereas the Attorneys General of the INTRODUCTION OF BILLS AND the most common ones worldwide. And States of Alaska, Idaho, Montana, Oregon, JOINT RESOLUTIONS because an individual afflicted with and Washington have endorsed S. 956, the The following bills and joint resolu- these diseases is contagious to others United States Senate counterpart to in his or her household, the risk of sew- H.R. 2935; and tions were introduced, read the first and second time by unanimous con- age-borne illness does not end with the ‘‘Whereas the creation of a new Court of bather. Additional diseases that can be Appeals for the Twelfth Circuit encompass- sent, and referred as indicated: contracted by swimmers include an in- ing the States of Alaska, Arizona, Idaho, By Mr. LAUTENBERG: Montana, Nevada, Oregon, and Washington fection caused by the toxigenic bac- S. 1950. A bill to amend the Federal Water teria E. coli—the bacteria found in by H.R. 2935 would benefit these similar Pollution Control Act to improve the quality states by providing speedier and more con- of coastal recreation waters, and for other Jack-in-the-Box hamburgers which sistent rulings by jurists who have a greater purposes; to the Committee on Environment caused an outbreak of illnesses a few familiarity with the social, geographical, po- and Public Works. years ago. litical, and economic life of the region; By Mr. FORD (for himself, Mr. HOL- Yet many current, EPA approved ‘‘Be it Resolved, That the Alaska State Leg- LINGS, Mr. HELMS, Mr. WARNER, Mr. techniques to measure marine water islature supports creation of a new Court of BYRD, Mr. HEFLIN, Mr. THURMOND, Appeals for the Twelfth Circuit for the quality appear to underestimate the Mr. SHELBY, and Mr. COHEN): States of Alaska, Arizona, Idaho, Montana, true number of viable pathogens that Nevada, Oregon, and Washington head- S. 1951. A bill to ensure the competitive- are entering the marine environment. quartered in the Pacific Northwest; and re- ness of the United States textile and apparel Existing EPA guidelines allow States spectfully requests the United States Con- industry; to the Committee on Finance. to decide whether their beach waters gress to act in an expeditious manner.’’ By Mr. THOMPSON (for himself and Mr. BIDEN): are safe for swimming based on month- POM–653. A joint resolution adopted by the S. 1952. A bill to amend the Juvenile Jus- ly averages. Waters may appear safe in Legislature of the State of Rhode Island; to tice and Delinquency Prevention Act of 1974, the long term, but short-term viola- the Committee on Labor and Human Re- and for other purposes; to the Committee on tions of the public health standard go sources. the Judiciary. unrecognized. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7817 The existing EPA guidelines are not ters to detect short-term increases in pathogens in coastal recreation waters. Such useful for decisionmakers, who need to pathogenicity and to set minimum criteria shall— decide whether they should allow peo- standards to protect the public from ‘‘(i) be based on the best available sci- ple to swim at the beach tomorrow or pathogen contaminated beach waters. entific information; during the coming weekend. Using ‘‘(ii) be sufficient to protect public health And it will assure that the public is no- and safety in case of any reasonably antici- monthly water quality averages to de- tified when beach waters exceed the pated exposure to pollutants as a result of termine if the beach is safe for swim- standards and public health may be at swimming, bathing, or other body contact ming is like taking a patient’s tem- risk. activities; and perature average over a week to see if Whether they’re in the Carolinas or ‘‘(iii) include specific numeric criteria cal- the patient is sick. The patient’s aver- in California, in New Jersey or New culated to reflect public health risks from age temperature could be just about York, people across the country have a short-term increases in pathogens in coastal normal. But in the meantime, the pa- right to know when the water is and is recreation waters resulting from rainfall, malfunctions of wastewater treatment tient could die. EPA must develop new not safe to swim in. Beach goers should standards because existing EPA guide- works, and other causes. be able to wade or swim in the surf ‘‘(B) For purposes of this paragraph, the lines simply fall short. without the fear of getting sick. Going term ‘coastal recreation waters’ means While some States use these inad- to the beach should be a healthy and Great Lakes and marine coastal waters com- equate EPA guidelines, others have no rejuvenating experience. A day at the monly used by the public for swimming, programs for regularly monitoring beach shouldn’t be followed by a day at bathing, or other similar primary contact their beachwater for swimmer safety. the doctor. purposes.’’. In a report released today, Testing the Mr. President, I urge my colleagues (b) STANDARDS.— Waters: Who Knows What You’re Get- to join me in recognizing the impor- (1) ADOPTION BY STATES.—A State shall ting Into, the Natural Resources De- tance of protecting public health at our adopt water quality standards for coastal fense Council [NRDC] found that only Nation’s beaches by cosponsoring this recreation waters which, at a minimum, are five States—New Jersey, Connecticut, legislation. consistent with the criteria published by the Delaware, Illinois, and Indiana—com- Administrator under section 304(a)(9) of the I ask unanimous consent that the Federal Water Pollution Control Act (33 prehensively monitor their beaches, text of the bill be printed in the and a mere five States consistently U.S.C. 1314(a)(9)), as amended by this Act, RECORD. not later than 3 years following the date of close beaches every time bacteria There being no objection, the bill was such publication. Such water quality stand- water quality standards are violated. ordered to be printed in the RECORD, as ards shall be developed in accordance with Additionally, NRDC found that a high- follows: the requirements of section 303(c) of the Fed- bacteria level can cause a beach clo- S. 1950 eral Water Pollution Control Act (33 U.S.C. sure in one State while in another 1313(c)). A State shall incorporate such Be it enacted by the Senate and House of Rep- standards into all appropriate programs into State people may be allowed to swim in resentatives of the United States of America in which such State would incorporate other the water despite equal health risks. Congress assembled, This discrepancy among coastal States water quality standards adopted under sec- SECTION 1. SHORT TITLE. tion 303(c) of the Federal Water Pollution threatens public health. This Act may be cited as the ‘‘Beaches En- The NRDC report also found that Control Act (33 U.S.C. 1313(c)). vironmental Assessment, Closure, and (2) FAILURE OF STATES TO ADOPT.—If a high levels of bacteria in coastal wa- Health Act of 1996’’. State has not complied with paragraph (1) by ters—primarily from raw human sew- SEC. 2. FINDINGS AND PURPOSES. the last day of the 3-year period beginning age—are responsible for the over- (a) FINDINGS.—Congress finds that— on the date of publication of criteria under whelming majority of beach closures (1) the Nation’s beaches are a valuable pub- section 304(a)(9) of the Federal Water Pollu- and advisories in the United States. In lic resource used for recreation by millions tion Control Act (33 U.S.C. 1314(a)(9)), as 1995, U.S. ocean, bay, and Great Lakes of people annually; amended by this Act, the water quality cri- beaches were closed, or advisories were (2) the beaches of coastal States are hosts teria issued by the Administrator under such issued against swimming, on more than to many out-of-State and international visi- section shall become applicable as the water tors; quality standards for coastal recreational 3,522 occasions. (3) tourism in the coastal zone generates New Jersey has been aggressive when waters for the State. The State shall use the billions of dollars annually; standards issued by the Administrator in im- it comes to protecting public health at (4) increased population has contributed to plementing all programs for which water the beach. New Jersey is the only State the decline in the environmental quality of quality standards for coastal recreation wa- to have a mandatory beach protection coastal waters; ters are used. program that includes a bacteria (5) pollution in coastal waters is not re- stricted by State and other political bound- SEC. 4. COASTAL BEACH WATER QUALITY MON- standard, a monitoring program, and ITORING. mandatory beach closure requirements aries; when the bacteria standard is exceeded. (6) each coastal State has its own method Title IV of the Federal Water Pollution of testing the quality of its coastal recre- The program is designed to address Control Act (33 U.S.C. 1341–1345) is amended ation waters, providing varying degrees of by adding at the end thereof the following water quality from both a health and protection to the public; and new section: an environmental perspective. Beaches (7) the adoption of standards by coastal are closed when bacteria levels exceed States for monitoring the quality of coastal ‘‘SEC. 406. COASTAL BEACH WATER QUALITY MONITORING. the standard regardless of the pollution recreation waters, and the posting of signs at source. beaches notifying the public during periods ‘‘(a) MONITORING.—Not later than 9 months Ironically, New Jersey suffers be- when the standards are exceeded, would en- after the date on which the Administrator cause it does more to protect public hance public health and safety. publishes revised water quality criteria for health. In some years, annual losses (b) PURPOSE.—The purpose of this Act is to coastal recreation waters under section from beach closures in New Jersey require uniform procedures for beach testing 304(a)(9), the Administrator shall publish and monitoring to protect public safety and regulations specifying methods to be used by have ranged from $800 million to $1 bil- improve the environmental quality of coast- States to monitor coastal recreation waters, lion. al recreation waters. during periods of use by the public, for com- The bill that I am introducing today SEC. 3. WATER QUALITY CRITERIA AND STAND- pliance with applicable water quality stand- will address the uneven coastal com- ARDS. ards for those waters and protection of the mitment to protect beach goers by es- (a) ISSUANCE OF CRITERIA.—Section 304(a) public safety. Monitoring requirements es- tablishing uniform testing and mon- of the Federal Water Pollution Control Act tablished pursuant to this subsection shall, itoring procedures for pathogens and (33 U.S.C. 1314(a)) is amended by adding at at a minimum— floatables in marine recreation waters. the end the following: ‘‘(1) specify the frequency of monitoring This bill also requires EPA to establish ‘‘(9) COASTAL RECREATION WATERS.—(A) The based on the periods of recreational use of a nationwide public health standard for Administrator, after consultation with ap- such waters; propriate Federal and State agencies and ‘‘(2) specify the frequency of monitoring determining when States should notify other interested persons, shall issue within based on the extent and degree of use during the public of health risks due to patho- 18 months after the effective date of this such periods; gen contaminated waters. paragraph (and review and revise from time ‘‘(3) specify the frequency of monitoring This bill requires the EPA to estab- to time thereafter, but in no event less than based on the proximity of coastal recreation lish procedures to monitor coastal wa- once every 5 years) water quality criteria for waters to pollution sources; S7818 CONGRESSIONAL RECORD — SENATE July 12, 1996 ‘‘(4) specify methods for detecting levels of on coastal beaches and of recent trends in Mr. President, 2 years ago, Congress pathogens and for identifying short-term in- the amounts and types of such floatable ma- passed the GATT implementing bill creases in pathogens in coastal recreation terials; and which will end all limits on textile im- waters; and (3) an evaluation of State efforts to imple- ports by the year 2005. Our textile and ‘‘(5) specify the conditions and procedures ment this Act, including the amendments under which discrete areas of coastal recre- made by this Act. apparel industry, which argued for a ation waters may be exempted by the Ad- SEC. 6. GRANTS TO STATES. longer phase-out period, very reluc- ministrator from the monitoring require- (a) GRANTS.—The Administrator may make tantly accepted this outcome. ments of this subsection, if the Adminis- grants to States for use in fulfilling require- The industry accepted this outcome trator determines that an exemption will not ments established pursuant to section 3 and because it had already made a commit- impair— 4. ment to compete in the global econ- ‘‘(A) compliance with the applicable water (b) COST SHARING.—The total amount of omy. Our textile and apparel industry quality standards for those waters; and grants to a State under this section for a fis- has invested billions of dollars in be- ‘‘(B) protection of the public safety. cal year shall not exceed 50 percent of the ‘‘(b) NOTIFICATION REQUIREMENTS.—Regula- cost to the State of implementing require- coming more competitive—about $12 tions published pursuant to subsection (a) ments established pursuant to section 3 and billion just since the GATT implement- shall require States to notify local govern- 4. ing bill was passed. ments and the public of violations of applica- SEC. 7. DEFINITIONS. They’ve supported the aggressive ef- ble water quality standards for State coastal In this Act, the following definitions apply: forts of the President and USTR to recreation waters. Notification pursuant to (1) ADMINISTRATOR.—The term ‘‘Adminis- open markets to American products. this subsection shall include, at a mini- trator’’ means the Administrator of the En- And our industry has committed to ex- mum— vironmental Protection Agency. ‘‘(1) prompt communication of the occur- porting. (2) COASTAL RECREATION WATERS.—The But what happens when American rence, nature, and extent of such a violation, term ‘‘coastal recreation waters’’ means to a designated official of a local government Great Lakes and marine coastal waters com- textile and apparel producers go to for- having jurisdiction over land adjoining the monly used by the public for swimming, eign markets to sell their products? coastal recreation waters for which a viola- bathing, or other similar body contact pur- Too often, they find a closed door. tion is identified; and poses. Worse still, those same countries that ‘‘(2) posting of signs, for the period during (3) FLOATABLE MATERIALS.—The term ship the most to the United States are which the violation continues, sufficient to ‘‘floatable materials’’ means any matter often the ones whose markets are give notice to the public of a violation of an that may float or remain suspended in the applicable water quality standard for such closed to U.S. products. China, for ex- water column and includes plastic, alu- ample, which is our No. 1 source of tex- waters and the potential risks associated minum cans, wood, bottles, and paper prod- with body contact recreation in such waters. ucts. tile and apparel imports, shipped $6.6 ‘‘(c) FLOATABLE MATERIALS MONITORING SEC. 8. AUTHORIZATION OF APPROPRIATIONS. billion worth of textile and apparel PROCEDURES.—The Administrator shall— There is authorized to be appropriated to goods in 1995, but allowed the sale of ‘‘(1) issue guidance on uniform assessment the Administrator— only $63 million of United States goods. and monitoring procedures for floatable ma- (1) for use in making grants to States terials in coastal recreation waters; and Likewise, our textile and apparel ex- under section 6 not more than $4,000,000 for ‘‘(2) specify the conditions under which the ports to India and Pakistan were just each of the fiscal years 1997 and 1998; and presence of floatable material shall con- $19 million last year, while those two (2) for carrying out the other provisions of stitute a threat to public health and safety. countries sent us $2.8 billion worth of ‘‘(d) DELEGATION OF RESPONSIBILITY.—A this Act not more than $1,500,000 for each of the fiscal years 1997 and 1998. textile goods. State may delegate responsibility for mon- Clearly, we can’t tell our industry to itoring and posting of coastal recreation wa- sell its products overseas if overseas ters pursuant to this section to local govern- By Mr. FORD (for himself, Mr. ment authorities. HOLLINGS, Mr. HELMS, Mr. WAR- markets are closed to American goods. ‘‘(e) REVIEW AND REVISION OF REGULA- NER, Mr. BYRD, Mr. HEFLIN, Mr. My bill will help by requiring that tex- TIONS.—The Administrator shall review and THURMOND, Mr. SHELBY and Mr. tile agreements include specific mar- revise regulations published pursuant to this COHEN): ket access commitments and by provid- section periodically, but in no event less S. 1951. A bill to ensure the competi- ing for a regular evaluation of the mar- than once every 5 years. ket access given to U.S. products. ‘‘(f) DEFINITIONS.—For the purposes of this tiveness of the United States textile section, the following definitions apply: and apparel industry; to the Commit- Mr. President, nearly 1.5 million ‘‘(1) COASTAL RECREATION WATERS.—The tee on Finance. Americans are employed directly in the textile and apparel industries, term ‘coastal recreation waters’ means THE CUSTOMS ENFORCEMENT AND MARKET Great Lakes and marine coastal waters com- ACCESS ACT OF 1996 about 40,000 of them in my State of monly used by the public for swimming, Mr. FORD. Mr. President, today I am Kentucky. American textile and ap- bathing, or other similar body contact pur- introducing legislation that is badly parel workers are among the most pro- poses. needed by the American textile and ap- ductive in the world and make some of ‘‘(2) FLOATABLE MATERIALS.—The term the finest goods anywhere. Unfortu- ‘floatable materials’ means any matter that parel industry and its workers. It com- may float or remain suspended in the water plements an effort in the other body nately, during 1995, 150,000 of those column and includes plastic, aluminum cans, spearheaded by JOHN SPRATT of South workers lost their jobs, due in large wood, bottles, and paper products.’’. Carolina and supported by over 100 part to surging levels of textile im- SEC. 5. STUDIES TO IDENTIFY INDICATORS OF Members of the House. My legislation ports. Most of these workers live in HUMAN-SPECIFIC PATHOGENS IN is aimed at opening markets around rural areas where jobs, particularly COASTAL RECREATION WATERS. good jobs, are not always easy to come (a) STUDIES.—The Administrator, in co- the world and at enforcing the rules of operation with the Under Secretary of Com- the road that govern trade in textile by. For those workers, when the local merce for Oceans and Atmosphere, shall con- goods. Broadly speaking, it will do so textile mill or apparel facility closes, duct studies to provide additional informa- in four ways. there simply aren’t other jobs. tion to the current base of knowledge for use First, by extending the same author- Now, it’s bad enough that many of for developing better indicators for directly ity that now exists for enforcing intel- those imports and lost jobs are due to detecting in coastal recreation waters the lectual property rights to opening mar- trade agreements that we should not presence of bacteria and viruses which are kets for U.S. textile and apparel prod- have passed, like the NAFTA. But harmful to human health. (b) REPORT.—Not later than 4 years after ucts. Second, by supporting U.S. tex- what’s much worse is the fact that the date of the enactment of this Act, and tile and apparel producers in their on- thousands upon thousands of jobs are periodically thereafter, the Administrator going efforts to modernize and become lost because of illegal textile imports. shall submit to the Congress a report de- more internationally competitive. This bill will give the Customs Service scribing the findings of the studies under Third, by strengthening U.S. laws badly needed tools to fight against tex- this section, including— against illegal trading practices like tile and apparel transshipments and (1) recommendations concerning the need for additional numerical limits or conditions piracy, undervaluation, and trans- counterfeit textile goods. And, it will and other actions needed to improve the shipment in the textile and apparel raise the penalty for those who break quality of coastal recreation waters; area. And lastly, by beefing up the abil- our laws in textile trade. (2) a description of the amounts and types ity of the U.S. Government to enforce Mr. President, I want to thank those of floatable materials in coastal waters and its trade laws and trade agreements. Senators who have agreed to join me in July 12, 1996 CONGRESSIONAL RECORD — SENATE S7819 introducing this important legislation. (B) have diligently carried out laws en- est adverse impact (actual or potential) on I am particularly pleased that we have acted by the Congress and under powers dele- the relevant United States products, and been able to work on this in a biparti- gated to them by the President; and ‘‘(C) that are not— san fashion, as we have so many times (C) have acted in accordance with United ‘‘(i) entering into good faith negotiations, States and international law. in the past on the issues that affect our or SEC. 3. MARKET ACCESS FOR UNITED STATES textile and apparel workers. ‘‘(ii) making significant progress in bilat- TEXTILE AND APPAREL PRODUCTS. eral or multilateral negotiations, This bill is not about protectionism. (a) ACCESSION PROTOCOLS.—In any case in It’s not about special favors for a par- which the United States negotiates a proto- to provide adequate and effective market ac- ticular industry. It’s about basic fair- col for accession of a country to the World cess for textile and apparel products of the ness in how we trade with other na- Trade Organization, the Trade Representa- United States. tions. It’s about enforcing our trade tive shall negotiate for inclusion in that pro- ‘‘(2) In identifying foreign countries under subsection (a)(2), the Trade Representative laws and standing up for American tex- tocol, in addition to any other provisions, the following: shall— tile and apparel workers. (1) Provisions for effective market access ‘‘(A) consult with the Chair of the Commit- Mr. President, my bill’s message is a to that country’s domestic markets for tex- tee for the Implementation of Textile Agree- simple one: Our textile and apparel in- tile and apparel products of the United ments and other appropriate officers of the dustry and its workers are ready to States. Federal Government, and compete. We should pass the Customs (2) Provisions allowing the suspension or ‘‘(B) take into account information from Enforcement and Market Access Act revocation of the provisions of paragraph 14 such sources as may be available to the this year to make sure they can com- (relating to increasing import levels based Trade Representative and such information pete, both here in the United States on growth rates) of the Agreement on Tex- as may be submitted to the Trade Represent- and in markets around the world. tiles and Clothing if the United States deter- ative in reports submitted under section Mr. President, I ask unanimous con- mines that the country has failed to enforce 181(b) and petitions submitted under section sent that my bill be printed in the the provisions referred to in paragraph (1). 302. (b) BILATERAL AGREEMENTS WITH COUN- ‘‘(3) The Trade Representative may iden- RECORD at this time, along with the co- TRIES THAT ARE NOT WTO MEMBERS.—In any tify a foreign country under subsection (a)(1) sponsorship of Mr. HOLLINGS, Mr. case in which the United States negotiates a only if the Trade Representative finds that HELMS, Mr. WARNER, Mr. HEFLIN, Mr. textile agreement with a country that is not a WTO member, including any agreement ne- there is a factual basis for the denial of fair THURMOND, Mr. SHELBY, Mr. COHEN, and equitable market access as a result of and Mr. BYRD, and that it be referred gotiated pursuant to section 5 of this Act, the Trade Representative shall negotiate for the violation of international law or an to the appropriate committee. international agreement, or the existence of The PRESIDING OFFICER. Without inclusion in that textile agreement, in addi- tion to any other provisions, the following: barriers referred to in subsection (d)(1). objection, it is so ordered. (1) Provisions for effective market access ‘‘(4) In identifying foreign countries under Mr. FORD. Mr. President, I ask unan- to that country’s domestic markets for tex- paragraphs (1) and (2) of subsection (a), the imous consent that the RECORD remain tile and apparel products of the United Trade Representative shall take into ac- open until the close of business today States. count— so that other Senators may add their (2) Provisions that recognize the right of ‘‘(A) the history of market access laws and names to the bill as original cospon- the United States to pursue remedies under practices of the foreign country, including sors. United States law, including section 301 of any previous identification under subsection The PRESIDING OFFICER. Without the Trade Act of 1974, to respond to the de- (a)(2); and objection, it is so ordered. nial of market access described in paragraph ‘‘(B) the history of efforts of the United There being no objection, the bill was (1). States, and the response of the foreign coun- (c) REVIEW OF TEXTILE AGREEMENTS.—The try, to achieve fair and equitable market ac- ordered to be printed in the RECORD, as Trade Representative shall take into ac- cess for textile and apparel products. follows: count the compliance of countries with the S. 1951 provisions negotiated under subsections (a) ‘‘(c) REVOCATIONS AND ADDITIONAL IDENTI- Be it enacted by the Senate and House of Rep- and (b) in identifying countries for purposes FICATIONS.— resentatives of the United States of America in of section 183 of the Trade Act of 1974, as ‘‘(1) IN GENERAL.—The Trade Representa- Congress assembled, added by subsection (d) of this section. tive may at any time— (d) PRIORITY FOREIGN COUNTRIES.— SECTION 1. SHORT TITLE. ‘‘(A) revoke the identification of any for- This Act may be cited as the ‘‘Customs En- (1) IN GENERAL.—Chapter 8 of title I of the eign country as a priority foreign country forcement and Market Access Act of 1996’’. Trade Act of 1974 (19 U.S.C. 2241 and follow- under this section, or ing) is amended by adding at the end the fol- SEC. 2. FINDINGS. ‘‘(B) identify a foreign country as a prior- lowing new section: The Congress finds that— ity foreign country under this section, (1) the textile and apparel industry is a key ‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT if information available to the Trade Rep- DENY MARKET ACCESS FOR TEXTILE resentative indicates that such action is ap- part of the United States manufacturing AND APPAREL PRODUCTS. propriate. base and the third largest manufacturing ‘‘(a) IN GENERAL.—By no later than the sector in the United States economy; date that is 30 days after the date on which ‘‘(2) REPORTS TO CONGRESS.—The Trade (2) textile and apparel facilities are often the annual report is submitted to congres- Representative shall include in the semi- located in economically sensitive regions; sional committees under section 181(b), the annual report submitted to the Congress (3) the industry has demonstrated an abil- United States Trade Representative (here- under section 309(3) a detailed explanation of ity to compete in the global economy where after referred to as the ‘Trade Representa- the identification of any foreign country as a market access is available; tive’) shall identify— priority foreign country under this section. (4) the domestic textile and apparel indus- ‘‘(1) those foreign countries that deny fair ‘‘(d) DEFINITIONS.—For the purposes of this try has committed significant resources to and equitable market access to United section— be competitive and productive; States persons that produce or sell textile or ‘‘(1) a foreign country denies fair and equi- (5) workers in the industry make the high- apparel products, and table market access if the foreign country est quality textile and apparel goods in the ‘‘(2) those foreign countries identified world and are the world’s most productive; effectively denies access for textile or ap- under paragraph (1) that are determined by parel products of the United States through (6) the industry is preparing to compete in the Trade Representative to be priority for- the use of laws, procedures, practices, or reg- the world market without the protection of eign countries. ulations which— import quotas authorized by the Multifiber ‘‘(b) SPECIAL RULES FOR IDENTIFICATIONS.— Arrangement; and In identifying priority foreign countries ‘‘(A) violate provisions of international law (7) United States trade policy should be under subsection (a), the following shall or international agreements to which both oriented toward expanding exports and en- apply: the United States and the foreign country suring that United States trade laws are vig- ‘‘(1) In identifying priority foreign coun- are parties, or orously enforced. tries under subsection (a)(2), the Trade Rep- ‘‘(B) constitute discriminatory nontariff (8) The Committee for the Implementation resentative shall identify only those foreign trade barriers; of Textile Agreements, the Office of Textiles, countries— ‘‘(2) a foreign country may be determined Apparel, and Consumer Goods of the Depart- ‘‘(A) that have the most onerous or egre- to deny fair and equitable market access for ment of Commerce, and the Ambassador for gious acts, policies, or practices that deny textile or apparel products, notwithstanding Textiles and Apparel in the Office of the fair and equitable market access to United the fact that the foreign country may be in United States Trade Representative— States persons that sell or produce textile or compliance with the specific obligations of (A) play central and indispensable roles in apparel products, the Agreement on Textiles and Clothing re- administering the laws governing trade in ‘‘(B) whose acts, policies, or practices de- ferred to in section 101(d)(4) of the Uruguay textile and apparel goods; scribed in subparagraph (A) have the great- Round Agreements Act; and S7820 CONGRESSIONAL RECORD — SENATE July 12, 1996 ‘‘(3) fair and equitable market access is not (B) 75 percent of the amounts deposited in resentative shall negotiate for inclusion in demonstrated only by access for those tex- the Fund in each fiscal year shall be made that protocol provisions that require that tile and apparel products that are subse- available for programs designated pursuant the 10-year period provided in the Agreement quently reexported to the United States as to subsection (b)(1). on Textiles and Clothing for phasing out of finished textile or apparel products. (d) ANNUAL REPORT TO CONGRESS.—The quotas under that Agreement begin, with re- In determining whether a foreign country de- Secretary of Commerce shall submit to the spect to that country, on the day on which nies fair and equitable market access, the Congress, not later than April 1 of each year, that country accedes to the WTO. Trade Representative shall consider whether a report on the contribution to the United SEC. 6. CIRCUMVENTION OF TEXTILE AGREE- the foreign country has enacted and is en- States economy of the domestic textile and MENTS. forcing laws which prevent and punish the apparel industry. (a) POLICY FOR COUNTRIES THAT ARE NOT manufacture, sale, or exportation of counter- SEC. 5. TEXTILE AND APPAREL QUOTA LEVELS. WTO MEMBERS.—In the case of any country feit textile and apparel goods. (a) FOR COUNTRIES THAT ARE NOT WTO that is not a WTO member and— ‘‘(e) PUBLICATION.—The Trade Representa- MEMBERS AND DO NOT HAVE TEXTILE AGREE- (1) is negotiating a protocol with the Unit- tive shall publish in the Federal Register a MENTS WITH THE UNITED STATES.— ed States for that country’s accession to the list of foreign countries identified under sub- (1) IF EXPORTS TO THE UNITED STATES EX- World Trade Organization, section (a) and shall make such revisions to CEED $100,000,000 ANNUALLY OR ARE CREATING (2) is a party to a bilateral agreement with the list as may be required by reason of ac- SERIOUS DAMAGE OR ACTUAL THREAT THERE- the United States that governs imports into tion under subsection (c).’’. OF.—The Trade Representative shall take the United States of textile and apparel (2) CONFORMING AMENDMENT.—The table of the necessary steps to negotiate an agree- products of that country, or contents for the Trade Act of 1974 is amended ment, in accordance with paragraph (2), be- (3) is a country with which the United by inserting after the item relating to sec- States is negotiating an agreement under tion 182 the following new item: tween the United States and any country that— section 5(a), ‘‘Sec. 183. Identification of countries that (A) is not a WTO member and is not a the Trade Representative shall ensure that deny market access for textile country to which section 3(a) applies, the protocol under paragraph (1), a subse- and apparel products.’’. (B) is not a party to a textile agreement quent agreement to replace the agreement (3) TITLE III ACTION.—Section 302(b)(2)(A) of with the United States, and under paragraph (2) when it expires, or the the Trade Act of 1974 (19 U.S.C. 2412(b)(2)(A)) (C) whose exports to the United States of agreement described in paragraph (3), as the is amended by inserting ‘‘or section textile and apparel goods— case may be, provides for a reduction in the 183(a)(2)’’ after ‘‘182(a)(2)’’. (i) are valued at more than $100,000,000 in quantity of textile and apparel goods of that SEC. 4. TEXTILE GLOBAL COMPETITIVENESS RE- the most recent 12-month period ending on country that may be imported into the Unit- SEARCH FUND. the last day of the preceding month; or ed States if CITA determines that the agree- (a) ESTABLISHMENT.—There is established (ii) are creating serious damage or actual ment is being circumvented and that no, or in the United States Treasury a Textile threat thereof to the domestic industry in inadequate measures, are being applied by Global Competitiveness Research Fund the United States in any textile category es- that country to take action against such cir- (hereafter in this Act referred to as the tablished by CITA. cumvention. Any determination by CITA ‘‘Fund’’). (2) CONTENTS OF AGREEMENTS.—It is the under the preceding sentence shall be made (b) USE OF FUND.—Amounts in the Fund sense of the Congress that an agreement ne- in accordance with the standards set forth in shall be available, as provided in appropria- section 8. tions Acts, in accordance with subsection gotiated with a country under paragraph (1) (b) DEFINITIONS.—For purposes of this sec- (c)— should establish maximum amounts of tex- tion, a reduction in a country’s textile and (1) for programs aimed at enhancing the tile and apparel products of that country apparel quotas is a reduction in quantitative international competitiveness of the United that may be imported into the United States limitations otherwise applicable to imports States textile and apparel manufacturers; that do not exceed— and (A) in the first 12-month period that the into the United States of that country’s tex- (2) to the Customs Service for the enforce- agreement is in effect, an increase of more tile and apparel products that is equal to— ment of laws governing trade in textile and than 8 percent of the total volume in square (1) the quantity of the goods involved in apparel goods. meter equivalents of all textile and apparel the circumvention if the circumvention is (c) FUNDING.— products of that country imported in the 12- the first within the most recent 36-month pe- (1) DEPOSITS.—There shall be deposited in month period ending on the date the negotia- riod; the Fund in each fiscal year the amount, if tions began; and (2) twice the quantity of goods involved in any, by which— (B) in each subsequent 12-month period the circumvention if the circumvention is (A) the amount collected in fines by virtue that the agreement is in effect, an increase the second in the most recent 36-month pe- of the amendments made by section 9 exceed of not more than the percentage of growth in riod; or (B) the total amount collected for viola- the domestic market in the United States for (3) three times the quantity of goods in- tions involving textile and apparel goods all textile and apparel products in the pre- volved in the circumvention if the cir- during fiscal year 1996 under section 592 of ceding 12-month period. cumvention is the third or more in the most the Tariff Act of 1930, as in effect on the day (3) INCLUSION OF OTHER PROVISIONS.—Those recent 36-month period. before the date of the enactment of this Act, provisions required to be included in an (c) POLICY FOR WTO MEMBERS.—In any adjusted in accordance with paragraph (2). agreement under section 3(b) may be in- case in which a WTO member is found by (2) ADJUSTMENT.—(A) The amount referred cluded in the agreement negotiated under CITA to have circumvented the Agreement to in paragraph (1)(B) shall be increased in this subsection. on Textiles and Clothing or any other textile each fiscal year beginning in fiscal year 1998 (4) DETERMINATIONS OF SERIOUS DAMAGE OR agreement, CITA shall pursue the maximum by an amount equal to the amount described ACTUAL THREAT THEREOF.—CITA shall make penalty consistent with the WTO. in paragraph (1)(B) multiplied by the cost-of- the determinations of serious damage or ac- SEC. 7. CUSTOMS ENFORCEMENT ACTION. living adjustment. tual threat thereof referred to in paragraph (a) SHARING OF CUSTOMS INFORMATION WITH (B) For purposes of subparagraph (A), the (2), using the criteria set forth in paragraph CITA.—The Customs Service shall, upon ini- cost-of-living adjustment for any fiscal year 3 of Article 6 of the Agreement on Textiles tiating an investigation relating to a viola- is the percentage (if any) by which— and Clothing. tion of the laws of the United States govern- (i) the CPI for the preceding fiscal year, ex- (b) FOR COUNTRIES THAT ARE NOT WTO ing international trade in textile and apparel ceeds MEMBERS AND HAVE TEXTILE AGREEMENTS goods, inform CITA of the investigation in (ii) the CPI for the fiscal year 1996. WITH THE UNITED STATES.—In the case of a any case in which the alleged violation, if (C) For purposes of subparagraph (B), the country that is not a WTO member but is a true, would constitute a circumvention of CPI for any fiscal year is the average of the party to a textile agreement with the United any textile agreement. In any such case, the Consumer Price Index as of the close of the States, the Trade Representative shall take Customs Service shall provide to CITA— 12-month period ending on August 31 of such the necessary steps to negotiate a textile (1) all information CITA requests that is fiscal year. agreement to go into effect when the current relevant to the alleged violation and re- (D) For purposes of subparagraph (C), the agreement expires, that allows imports of quired in order for CITA to pursue a charge term ‘‘Consumer Price Index’’ means the last textile and apparel products of that country, against the quotas on imports of textile and Consumer Price Index for all-urban consum- during each 12-month period that the agree- apparel products of that country as a result ers published by the Department of Labor. ment is in effect, to increase by not more of the violation; and (E) If any increase determined under this than the percentage of growth in the domes- (2) notification, at least every 30 days until paragraph is not a multiple of $100, such in- tic market in the United States for all tex- the investigation is referred to the Depart- crease shall be rounded to the nearest mul- tile and apparel products in the preceding 12- ment of Justice or the Customs Service tiple of $100. month period. closes the investigation, of the progress of (3) ALLOCATIONS.—(A) 25 percent of the (c) FOR COUNTRIES THAT ARE ACCEDING TO the investigation. amounts deposited in the Fund in each fiscal THE WTO.—In any case in which the United (b) FACTORS IN PROCEEDING WITH CHARGES year shall be made available to the Customs States negotiates a protocol for accession to AGAINST QUOTAS.—In deciding whether to Service under subsection (b)(2). the WTO under section 3(a), the Trade Rep- pursue a charge described in subsection (a) July 12, 1996 CONGRESSIONAL RECORD — SENATE S7821 as a result of an alleged violation described textile agreement has been circumvented, ‘‘(A) in the case of a first offense, the viola- in subsection (a), CITA, in addition to any CITA shall base its determination on the tion is due to either negligence or gross neg- other relevant factors which CITA may con- best available information. ligence; and sider, shall weigh the impact of proceeding (2) ACTS CONSTITUTING FAILURE TO COOPER- ‘‘(B) in the case of a second or subsequent with such charge on potential prosecutions ATE.—Acts indicating failure of a country to offense, prior disclosure (as defined in sec- or civil penalties and future enforcement of cooperate under paragraph (1) include, but tion 592(c)(4)) is made within 180 days after textile agreements, and shall consider the are not limited to— the entry of the goods. amount of the alleged violation, the prob- (A) denying entry of officials of the Cus- ‘‘(2) SPECIAL RULE FOR PRIOR DISCLOSURES ability of successful criminal prosecution, toms Service to investigate violations of, or AFTER 180 DAYS.—In the case of a second or the degree of compliance by the true country promote compliance with, any textile agree- subsequent offense where prior disclosure (as of origin with textile agreements, and the ment; defined in section 592(c)(4)) is made after 180 damage the alleged violation would inflict (B) providing appropriate United States of- days after the entry of the goods, the Sec- on the domestic textile and apparel industry. ficials with inaccurate or incomplete infor- retary of the Treasury may remit or miti- (c) DECISION NOT TO PURSUE A CHARGE.—In mation, including information demonstrat- gate not more than 50 percent of such fines any case in which CITA decides under sub- ing compliance with United States rules of or penalties.’’. section (b) not to pursue a charge, the Cus- origin for textile and apparel products; and (c) SEIZURE AND FORFEITURE.—Section toms Service shall, as long as that decision (C) denying appropriate United States offi- 596(c)(2) of the Tariff Act of 1930 (19 U.S.C. is in effect, report to CITA, in lieu of the re- cials access to information or documenta- 1595a(c)(2)) is amended— ports under subsection (a)(2)— tion relating to production capacity of, and (1) in subparagraph (E), by striking ‘‘or’’ (1) at least once every 6 months from the outward processing done by, manufacturers after the semicolon; date on which the Customs Service initiated within the country. (2) in subparagraph (F), by striking the pe- the case, on the status of the investigation; SEC. 9. PENALTIES FOR VIOLATIONS OF CUS- riod and inserting ‘‘; or’’; and and TOMS LAWS INVOLVING TEXTILE (3) by inserting after subparagraph (F) the (2) within 10 business days after the Cus- AND APPAREL GOODS. following: toms Service obtains new information or evi- (a) PENALTIES.—Section 592 of the Tariff ‘‘(G) consists of textile or apparel goods in- dence materially relevant to the alleged vio- Act of 1930 (19 U.S.C. 1592) is amended by add- troduced into the United States for entry, lation. ing at the end the following: transit, or exportation, and ‘‘(g) PENALTIES INVOLVING TEXTILE AND AP- (d) STANDING NOT PROVIDED.—Nothing in ‘‘(i) the merchandise or its container bears PAREL GOODS.— this Act shall be construed to provide stand- false or fraudulent markings with respect to ‘‘(1) FRAUD.—Notwithstanding subsection ing in any court or administrative proceed- the country of origin, unless the importer of (c), the civil penalty for a fraudulent viola- ing for legal action against the United the merchandise demonstrates that the tion of subsection (a) involving textile and States arising from actions taken in carry- markings were made in order to comply with apparel goods— ing out the laws governing trade in textile or the rules of origin of the country that is the ‘‘(A) shall, subject to subparagraph (B), be apparel goods. final destination of the merchandise; or double the amount that would otherwise (e) REFERRAL OF CASES TO DEPARTMENT OF ‘‘(ii) the merchandise or its container is in- apply under subsection (c)(1); and JUSTICE.—In any case in which— troduced or attempted to be introduced into ‘‘(B) shall be an amount not to exceed 300 (1) the Customs Service refers an alleged the United States by means of, or such intro- percent of the declared value in the United violation described in subsection (a) to the duction or attempt is aided or facilitated by States of the merchandise if the violation Department of Justice for prosecution, and means of, a material false statement, act, or has the effect of circumventing any quota on (2) no indictment has been brought in the omission with the intention or effect of— textile and apparel goods. case within 6 months after the referral, ‘‘(I) circumventing any quota that applies ‘‘(2) GROSS NEGLIGENCE.—Notwithstanding to the merchandise, or the Attorney General shall provide to CITA subsection (c), the civil penalty for a grossly ‘‘(II) undervaluing the merchandise.’’. all information relevant to imposing a negligent violation of subsection (a) involv- charge against the quotas on imports of tex- (d) CERTIFICATES OF ORIGIN.—Notwith- ing textile and apparel goods— standing any other provision of law, all im- tile and apparel products of the country con- ‘‘(A) shall, subject to subparagraphs (B) cerned as a result of the violation. CITA may portations of textile and apparel goods shall and (C), be double the amount that would be accompanied by— extend the 6-month period referred to in otherwise apply under subsection (c)(2); paragraph (2) if requested to do so by the At- (1)(A) the name and address of the manu- ‘‘(B) shall, if the violation has the effect of facturer or producer of the goods, and any torney General. circumventing any quota of the United (f) DISCLOSURE OF CERTAIN CONFIDENTIAL other information with respect to the manu- States on textile and apparel goods, and sub- facturer or producer that the Customs Serv- INFORMATION NOT REQUIRED.—Nothing in this ject to subparagraph (C), be 200 percent of section shall be construed to require the dis- ice may require; and the declared value of the merchandise; and (B) if there is more than one manufacturer closure by the Customs Service or the De- ‘‘(C) shall, if the violation is a third or sub- partment of Justice of confidential informa- or producer, or there is a contractor or sub- sequent offense occurring within 3 years, be contractor of the manufacturer or producer tion relevant to possible imposition of crimi- the penalty for a fraudulent violation under nal or civil penalties when that information with respect to the manufacture or produc- paragraph (1) (A) or (B), whichever is appli- tion of the goods, the information required is not relevant to the imposition of a charge cable. by CITA against the quotas on imports of under subparagraph (A) with respect to each ‘‘(3) NEGLIGENCE.—Notwithstanding sub- textile and apparel products of a country. such manufacturer, producer, contractor, or section (c), the civil penalty for a negligent subcontractor, including a description of the (g) INITIATION OF INVESTIGATIONS.— violation of subsection (a) involving textile (1) BASIS FOR INITIATION.—Subject to para- process performed by each such entity; and apparel goods— (2) a certification by the importer that the graph (2), whenever the Customs Service re- ‘‘(A) shall, subject to subparagraphs (B) ceives credible evidence that circumvention importer has exercised reasonable care to as- and (C), be double the amount that would certain the true country of origin of the tex- of a textile agreement has occurred, the Cus- otherwise apply under subsection (a)(3); toms Service shall initiate an investigation, tile and apparel goods and the accuracy of ‘‘(B) shall, if the violation has the effect of all other information provided on the docu- to which a customs officer shall be assigned, circumventing any quota of the United to determine if such circumvention has oc- mentation accompanying the imported States on textile and apparel goods, and sub- goods, as well as a certification of the spe- curred, unless such evidence is directly re- ject to subparagraph (C), be 100 percent of lated to an open investigation commenced cific action taken by the importer to ensure the declared value of the merchandise; and reasonable care for purposes of this para- prior to the receipt of such evidence. ‘‘(C) shall, if the violation is a third or sub- (2) WAIVER.—The head of the Division of graph; and sequent offense occurring within 3 years, be (3) a certification by the importer that the Textile Enforcement established under sec- the penalty for a grossly negligent violation tion 10 may determine not to initiate an in- goods being entered do not violate applicable under paragraph (2) (A) or (B), whichever is trademark, copyright, and patent laws. vestigation under paragraph (1) if he or she applicable.’’. transmits to CITA a report setting forth the (b) MITIGATION.—Section 618 of the Tariff Information provided under this subsection reasons for that determination. Act of 1930 (19 U.S.C. 1618) is amended— shall be sufficient to demonstrate compli- SEC. 8. STANDARDS OF PROOF. (1) by striking ‘‘Whenever’’ and inserting ance with the United States rules of origin (a) IN GENERAL.—CITA may determine that ‘‘(a) IN GENERAL.—Whenever’’, and for textile and apparel goods. a country has circumvented a textile agree- (2) by adding at the end the following new SEC. 10. DIVISION ON TEXTILE ENFORCEMENT. ment if CITA determines, after consultations subsection: (a) ESTABLISHMENT.—The Commissioner of with the country concerned, that there is a ‘‘(b) MITIGATION RULES RELATING TO TEX- Customs shall, not later than 6 months after substantial likelihood that the circumven- TILE AND APPAREL GOODS.— the date of the enactment of this Act, estab- tion occurred. ‘‘(1) GENERAL RULE.—Notwithstanding any lish in the Customs Service a Division on (b) FAILURE OF COUNTRY TO COOPERATE.— other provision of law, the Secretary of the Textile Enforcement (hereafter in this sec- (1) RELIANCE ON BEST AVAILABLE INFORMA- Treasury may remit or mitigate any fine or tion referred to as the ‘‘DTE’’), using exist- TION.—If a country fails to cooperate with penalty imposed pursuant to section 592 in- ing resources available to the Customs Serv- CITA in an investigation to determine if a volving textile or apparel goods only if— ice. The head of the DTE shall be an officer S7822 CONGRESSIONAL RECORD — SENATE July 12, 1996

of the Customs Service in a position at the (B) refuses to cooperate with investiga- (10) WTO AGREEMENT.—The term ‘‘WTO level of an Assistant Commissioner of Cus- tions by the United States of any such al- Agreement’’ means the Agreement Estab- toms. leged circumvention, lishing the World Trade Organization en- (b) FUNCTIONS.—The DTE shall be respon- (C) fails to provide adequate enforcement tered into on April 15, 1994. sible for enforcing all laws of the United of intellectual property rights with respect (11) WTO MEMBER.—The term ‘‘WTO mem- States, and all bilateral and multilateral to textile and apparel goods, or ber’’ means a state, or separate customs ter- treaties and agreements, governing the im- (D) fails to provide fair and equitable mar- ritory (within the meaning of Article XII of portation of textile and apparel goods, that ket access for textile and apparel products of the WTO Agreement. the Customs Service is responsible for en- the United States, and SEC. 13. EFFECTIVE DATE. forcing. (2) the United States extends to the prod- This Act and the amendments made by (c) PERSONNEL.—The Commissioner of Cus- ucts of that country preferential tariff or this Act shall take effect on October 1, 1996. toms shall assign personnel to the DTE who quota treatment other than pursuant to a bi- have expertise in textile and apparel goods, Mr. HOLLINGS. Mr. President, I rise lateral or multilateral agreement, including, but not limited to, import special- today to support the efforts of my good then such preferential treatment shall be ists, investigators, attorneys, accountants, friend from Kentucky, Senator FORD, withdrawn from the textile and apparel laboratory technicians, and members of the and the tireless efforts of my colleague textile production verification teams. goods that are products of that country for in the House, Congressman JOHN (d) SUBDIVISIONS.—The DTE shall establish such period as shall be determined by the a separate subdivision for each geographic Trade Representative, in consultation with SPRATT. Mr. President, in the last year region which is a major source of textile and CITA. alone we have lost over 150,000 jobs in apparel goods imported into the United (b) NATIONAL INTEREST WAIVER.—The the textile and apparel industry. Just States, including a subdivision for each of President may waive the application of sub- last week, Springs Industries an- the following: section (a) with respect to a country if the nounced it would close several plants (1) The Far East. President determines that the waiver will and lay off 850 employees. allow the United States to secure effective (2) South Asia. Our trade deficit in textiles and ap- (3) South America. commitments from that country to prevent (4) Central America and the Caribbean. future circumvention of textile agreements parel stands at an appalling $35 billion. (5) The Middle East and Africa. with the United States, or is otherwise in the As bad as that number is, the sad fact (e) ASSIGNMENTS ABROAD.— national interest. The President shall pub- is that $35 billion underestimates the (1) TO CERTAIN COUNTRIES.—If permitted by lish any such waiver, and the reasons for the true size of the trade deficit. Because the host country, at least 1 customs officer waiver, in the Federal Register. of the massive amounts of shall be assigned in each country, other than SEC. 12. DEFINITIONS. transhipment that have flooded our Canada or Mexico, whose annual exports to As used in this Act: shores, the actual trade deficit is some the United States of textile and apparel (1) AGREEMENT ON TEXTILES AND CLOTH- goods equal or exceed 500,000,000 square $6 billion larger. What is left of the ING.—The term ‘‘Agreement on Textiles and quota system has become a porous meter equivalents. Each such customs offi- Clothing’’ means the Agreement on Textiles cer shall be responsible only for matters re- and Clothing referred to in section 101(d)(4) sieve, subject to the manipulation of lating to exports to the United States of tex- of the Uruguay Round Agreements Act (19 shady importers and retailers who look tile and apparel goods. U.S.C. 3511(d)(4)). the other way at fraudulent schemes (2) RESPONSIBILITY OF SECRETARY OF (2) CIRCUMVENT AND CIRCUMVENTION.—The designed to evade our quota system, STATE.—The Secretary of State shall take terms ‘‘circumvent’’ and ‘‘circumvention’’ and steal jobs from the American the necessary steps to facilitate the assign- refer to a situation in which a country— worker. ment abroad of customs officers under para- (A) takes no, or inadequate measures to graph (1), by seeking to obtain the approval The legislation being introduced will prevent illegal transshipment of goods that shut down the illegal evasion of our of the foreign governments concerned for is carried out by rerouting, false declaration such assignments. concerning country or place of origin, fal- quotas. It slaps harsh penalties on cus- (f) REPORTS.— sification of official documents, evasion of toms offenders, and it provides customs (1) REPORTS BY CUSTOMS OFFICERS.—Each United States rules of origin for textile and with adequate resources to enforce our customs officer assigned under subsection apparel goods, or any other means; or textile agreements. (e)(1) shall prepare and submit to the Com- (B) takes no or inadequate measures to Mr. President, the time has come for missioner of Customs, at least monthly, re- ports summarizing his or her activities, as- prevent being used as a transit point for the the administration to crack down on sessing the compliance with applicable tex- shipment of goods in violation of an applica- this lawless behavior and stand up for tile agreements by the country concerned, ble textile agreement. the American worker. and assessing the intellectual property pro- (3) CITA.—The term ‘‘CITA’’ means the Mr. HELMS. Mr. President, this is tection provided to textile and apparel goods Committee for the Implementation of Tex- important legislation that will be ben- in that country. tile Agreements established under Executive Order 11651 of March 3, 1972 (7 U.S.C. 1854 eficial to an enormous number of (2) REPORTS BY DTE.—The DTE shall pre- Americans because it will open foreign pare and submit to the Commissioner an an- note), or any successor entity or officer per- nual report— forming functions of that committee after markets to U.S. products and countries (A) evaluating the extent of circumvention the date of the enactment of this Act. that engage in dishonest activities in of textile agreements with the United (4) COUNTRY.—The term ‘‘country’’ in- international trade. Those that violate States, the extent of compliance with the cludes a separate customs territory, within trade laws and trade agreements will rules of origin of the United States relating the meaning of Article XII of the WTO pay for it. This bill establishes a level to textile and apparel goods, the extent to Agreement or other applicable international playing field for U.S. textile companies which countries act in compliance with Arti- agreement. (5) CUSTOMS SERVICE.—The term ‘‘Customs and takes an unmistakable stand for cle XX of the GATT 1994 (as defined in sec- American workers. If foreign markets tion 2 of the Uruguay Round Agreements Act Service’’ means the United States Customs (19 U.S.C. 3501)) with respect to textile and Service. can be opened, and U.S. trade with apparel goods, and the adequacy of intellec- (6) MULTIFIBER ARRANGEMENT.—The term countries overseas increased, it will be tual property protection provided to textile ‘‘Multifiber Arrangement’’ means the Ar- a tremendous boost for U.S. jobs. and apparel goods; and rangement Regarding International Trade in Mr. President, the economic name of (B) recommending new methods, if nec- Textiles referred to in Article 1(3) of the the game as we approach the 21st cen- essary, to address the matters evaluated Agreement on Textiles and Clothing. tury lies in increasing our exports. under subparagraph (A). (7) TEXTILE AGREEMENT; TEXTILE AGREE- This bill addresses a pressing need. MENT WITH THE UNITED STATES.—The terms (3) AVAILABILITY OF REPORTS.—Each report American workers, as matters now submitted under this subsection shall be ‘‘textile agreement’’ and ‘‘textile agreement made available to appropriate agencies of with the United States’’ mean an agreement stand, are being squeezed from every the executive branch, including the Office of relating to textile and apparel goods that is direction. Many countries, especially Textiles, Apparel, and Consumer Goods of negotiated under section 204 of the Agricul- Mainland China, are deliberately vio- the Department of Commerce. tural Act of 1956 (7 U.S.C. 1854), including the lating their trade agreements; they are SEC. 11. WITHDRAWAL OF UNILATERAL TRADE Agreement on Textiles and Clothing. transshipping their goods through CONCESSIONS. (8) TRADE REPRESENTATIVE.—The term other nations deliberately to cir- (a) WITHDRAWAL OF CONCESSIONS.—In any ‘‘Trade Representative’’ means the United cumvent United States textile import case in which— States Trade Representative. (1) CITA determines that a country— (9) WORLD TRADE ORGANIZATION AND WTO.— laws. American workers should not be (A) has demonstrated a consistent pattern The terms ‘‘World Trade Organization’’ and forced to compete against foreign com- of circumventing textile agreements with ‘‘WTO’’ mean the organization established panies that deliberately engage in ille- the United States, pursuant to the WTO Agreement. gal and immoral trade practices. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7823 Such countries, Communist China, many as in the 3 previous years com- help, and the South’s congressmen have an India, Macau, Hong Kong, to name a bined, with plant shutdowns and lay- equally long record of hastening to erect bar- few, pump billions of dollars of prod- offs costing 11,316 North Carolina jobs. riers to cheap imports. But this is a new economic era. ucts into our markets, cheating every Fruit of the Loom alone was forced to Free trade is now the mantra of centrists step of the way. The Winston-Salem abolish 3,200 jobs in 1995, and a Fruit of in both the Republican and Democratic par- Journal pointed out the other day that the Loom spokesman blamed it on ‘‘the ties. The North American Free Trade Agree- the United States Customs Service es- cumulative impact of NAFTA and ment and the General Agreement on Tariffs timates that China alone illegally GATT’’ trade agreements. and Trade dismantled many trade barriers, transships $4 to $6 billion per year. Headline after headline has an- including protectionist textile quotas that This banditry costs American busi- nounced major company shutdowns or will be completely eliminated by 2005. nesses—and, therefore, consumers—up job layoffs. An eye-popping review arti- Faced with mounting job losses, congress- men from the South cast about for another to $4 billion a year, not to mention the cle in the Winston-Salem Journal pro- avenue and found it with a bill that was in- loss of countless thousands of Amer- vided a long list of companies—includ- troduced last month. ican jobs. ing, among others, Sara Lee, Fieldcrest That bill, called the Textile and Apparel Mr. President, S. 1951—the Textile Cannon, Dupont, and Tultex—that have Global Competitiveness Act, aims not at and Apparel Global Competitiveness closed plants and laid off workers in keeping imports out, but at cracking open Act of 1996—will, when it becomes law, North Carolina in the first part of this foreign markets that are closed to American impose stiff sanctions on countries year. Overall, 2,918 layoffs in 26 North exports. ‘‘We expect their door to be more that transship textile products into the than slightly ajar,’’ said Rep. Howard Coble, Carolina cities and towns were an- the 6th District Republican who is the chair- United States. Current penalties will nounced in the first 4 months of 1996. man of the House textile caucus and an be doubled—in some cases tripled—and Mr. President, I ask unanimous con- original co-sponsor of the bill. ‘‘We’re not more reliable proof of the country of sent that the aforementioned Winston- building a wall around ourselves and trying origin will be required for textile im- Salem Journal article be printed in the to block imports.’’ ports entering the United States. S. RECORD at the conclusion of my re- The bill also aims at ending trans- 1951 enables the Customs Service to marks. shipments, the illegal practice of sneaking seize goods imported illegally by the The PRESIDING OFFICER. Without textiles from one country into the United use of false or misleading statements States under another country’s quota by di- objection, it is so ordered. verting them through that third country. or acts. (See exhibit 1.) The bill is targeted at Asia in general and So, Mr. President, this bill S. 1951, of Mr. HELMS. Mr. President, while for- China in particular. which I am a principal cosponsor, is eign imports are pouring in like a tidal The United States exported $1.96 billion in about fair trade and reciprocity. Since wave, North Carolina workers are textiles to the top 14 textile producing coun- U.S. markets are open, it is only fair to being forced onto the unemployment tries in Asia. Those countries exported $24.79 demand that other countries open their lines. This obviously is having a dev- billion in textiles to the United States. markets. As matters now stand count- astating impact on families and com- A source with the U.S. Customs Service less countries close their markets to says that China transships $4 billion to $6 munities across America. Mr. Presi- billion through such places as Hong Kong American products while pouring their dent, this bill isn’t ‘‘protectionism,’’ and Macau, where the products are relabeled exports through our open doors. China, it’s ‘‘survivalism.’’ United States busi- ‘‘Made in Hong Kong’’ or ‘‘Made in Macau.’’ Pakistan, and India together ship 9.4 ness should—and must—demand access Sen. Jesse Helms, R–N.C., who is no fan of billion dollars’ worth of goods to Unit- to the international market so that China and has railed against transshipping, ed States markets—more than 100 American workers can have a fair shot plans to sponsor a version of the bill in the times the $92 million in United States in world competition. Senate. ‘‘It requires retaliation against goods that were, at last reports, al- countries that just flout honest and decency EXHIBIT 1 in international trade and countries that are lowed into their countries. [From Winston-Salem Journal, July 7, 1996] closed to us and do business in our country,’’ S. 1951, when enacted, will require SOCK IT TO ’EM? he said. ‘‘It’s time for us to stand up for United States negotiators to secure ef- CONGRESS TAKES AIM AT ASIA IN TEXTILE BILL American workers.’’ fective access to foreign markets for The bill strengthens the roles of the U.S. United States textile and apparel prod- (By John Hoeffel) trade representative in negotiating agree- ucts; in other words, it will press open WASHINGTON.—Stories of textile plants ments and the Customs Service in inves- markets of countries that have shut closing and laid-off workers scrambling to tigating illegal shipments. It establishes find scarce low-skilled jobs in this high-tech steep penalties for violations. It doubles their doors in Uncle Sam’s face. If we world have been commonplace for at least 20 are going to be hospitable to foreign some fines and reduces quotas by an amount years. The number of textile employees has equal to three times the volume of trans- imports, it’s only fair to require the been in a steady slide. shipped goods when a country is caught same of them. One specific benefit of But the news appears to be getting worse. transshipping for the third time. this bill is that it will deny to China Last year, North Carolina lost as many Textile importers, who could be socked the free trade benefits of the World textile jobs as in the previous three years with stiff penalties for importing illegal Trade Organization until China dis- combined. Plant closing and layoffs cost the products, oppose the bill. mantles her iron fence against United state 11,316 jobs. ‘‘It’s the same industry coming back after In the first four months of this year, 22 States textiles. China must not be per- many, many years of protection wanting companies announced 2,918 layoffs in 26 more special favors from government,’’ said mitted to hold membership in the WTO North Carolina cities and towns. Laura E. Jones, the executive director of the until China removes her arrogant trade North Carolina is the nation’s No. 1 tex- U.S. Association of Importers of Textiles and barriers. tile-producing state, and it has almost a Apparel. ‘‘They still don’t want to compete.’’ Moreover, Mr. President, Communist third of the employees. The bill’s supporters, sensitive about their China competes with American work- Nationwide, 53,500 textile jobs were lost in protectionist past, react defensively, bring- ers with unspeakable use of slave labor 1995. ing up the subject of protectionism on their and child labor. Chinese slave laborers Even with those stunning losses, textiles own. ‘‘We’re going to have to do a good mar- and apparel are still the top manufacturing are often political prisoners. Exploi- keting job in making it clear that this is not industry in North Carolina, with annual a protectionist proposal,’’ Coble said. tation of children as workers is ramp- sales averaging about $25 billion. Three of But Jones said that the bill amounts to ant, especially in Asia. the state’s top five employers are textile back-door protectionism, making it easier Mr. President, the United States companies, including Sara Lee Corp., which for a select industry to pursue sanctions must never forget that we become a has several divisions based in Winston- against importers and foreign countries. part of what we condone. Therefore, Salem. ‘‘They do not need to have standards lowered the need for this bill is obvious in the At the end of last year, 261,641 North Caro- for them so they can go around harassing our light of the tremendous loss of U.S. linians still worked in the industry, which is industry,’’ she said. jobs inflicted on American workers— concentrated in the Piedmont. Forsyth, As with the old protectionist legislation, Guilford and Surry counties all rank in the Jones said, the consumers lose. ‘‘I just think particularly in North Carolina—by the top 10 counties for textile and apparel em- the consumers end up paying more in the illegal practices of foreign countries. ployment. end.’’ she said. The United States lost 53,000 textile The politically powerful companies have a She also charged that Customs has not dis- jobs last year. North Carolina lost as long record of looking to Washington for covered massive transshipment because they S7824 CONGRESSIONAL RECORD — SENATE July 12, 1996 don’t exist. ‘‘The Customs Service can find that it is imperative to introduced the bill China ...... 63.0 cocaine and heroin, but they can’t find bras because of continuing plant closings, citing Taiwan ...... 93.5 and underpants,’’ she said sarcastically. ‘‘If the two that Sara Lee Knit Products an- Hong Kong ...... 268.3 they can’t find it now, this isn’t going to be nounced in Sparta, costing 250 jobs, and in India ...... 14.9 an incentive to them to find it later.’’ Jefferson, costing 589. Indonesia ...... 21.4 The bill is not expected to pass this session But Sara Lee officials said that both plants Japan ...... 145.6 because the schedule is too crowded. closed because of weak domestic sales and South Korea ...... 136.7 ‘‘We just don’t want this shoved off the that opening foreign markets would not have table,’’ Coble said. prevented the move. ‘‘It’s really completely Macau ...... Rep. John Spratt, D–S.C., was the main au- unrelated,’’ Nancy Young said. Malaysia ...... 23.0 thor and introduced the bill. But in an elec- Textile and apparel companies are suffer- Pakistan ...... tion-year press release, Rep. Richard Burr, ing through an extended retail slowdown. Philippines ...... 53.1 the 5th District Republican and an original But the companies are also cutting jobs, as Singapore ...... 103.6 co-sponsor, claimed credit for introducing it. By all accounts, Burr worked hard to col- Gordon A. Berkstresser III notes, because of Thailand ...... 41.3 lect co-sponsors to help demonstrate wide continuing automation and other effi- support for the bill. It has more than 100. ciencies. Total ...... 1,964.4 Some in the industry have criticized the And Berkstresser, a professor of textile and Clinton administration, arguing that it has apparel management at N.C. State Univer- sity, also questioned whether the companies done little to enforce textile treaties. Helms, U.S. Imports from: are prepared to sell in Indonesia or Malaysia. though, was more expansive in directing his Bangladesh ...... 1,114.5 criticism. ‘‘I have got to be honest and say ‘‘We haven’t gone over and done the kind China ...... 4,802.5 that previous administrations and the of market research to see what kind of prod- present administration have not done ucts we can sell in Asia,’’ he said. Taiwan ...... 2,757.8 enough. It’s a bipartisan folly,’’ he said. But Dennis M. Julian the executive vice Hong Kong ...... 4,390.8 Work on the bill seemed to rattle the ad- president of the N.C. Textile Manufacturers India ...... 1,614.9 ministration’s cage. Association, said he thinks that the bill Indonesia ...... 1,336.2 Customs announced last month that it was would help stabilize the industry. Japan ...... 481.1 taking measures designed to stem Chinese Jerry Cook, the director of international South Korea ...... 2,271.1 transhipments through Macau and Hong trade for Sara Lee Knit Products, said: Macau ...... 764.3 Kong, requiring greater verification that ‘‘Anything that helps open market access, I Malaysia ...... 745.2 textiles shipped from those countries were think we’d be really supportive of. It’s a Pakistan ...... 964.8 made there. Customs just this month re- tough market out there.’’ ceived the power to block shipments from Philippines ...... 1,704.0 TEXTILE TRADE WITH ASIA factories that won’t allow Customs inves- Singapore ...... 425.5 tigators inside. [In millions of dollars] Thailand ...... 1,419.8 Whether the bill and this Customs effort, U.S. Exports to: will half the job losses is unclear. Burr said Bangladesh ...... Total ...... 24,792.5 TEXTILE AND APPAREL PLANT CLOSINGS AND LAYOFFS IN NORTH CAROLINA—ANNOUNCED IN THE FIRST FOUR MONTHS OF THIS YEAR

Company Location Jobs lost Reason given

Champion Products ...... Weaverville ...... 200 Cutting costs CMI Industries ...... Elkin, Boonville ...... 100 Slow sales Comar industries ...... Monroe ...... 105 Decreased demand Dupont ...... Kinston ...... 200 Cutting costs Wilmington ...... 50 Cutting costs Fieldcrest Cannon ...... Concord ...... 150 Relocating operations Ithaca Industries ...... Gastonia ...... 70 Reduction in force Wilkesboro ...... 50 Reduction in force Jaspar Textiles ...... Angler ...... 75 Consolidation Jonbil ...... Henderson ...... 62 Import competition Lucia ...... Winston-Salem ...... 55 Restructuring Elkin ...... 13 Restructuring N.C. Garment Co...... High Point ...... 32 Import competition Oxford industries ...... Burgaw ...... 90 Import competition Rocky Mount Mills ...... Monroe ...... 320 Competition Royals ...... Skyland ...... 50 Import competition Sarah Lee Hosiery ...... Winston-Salem ...... 45 Slow sales Sare Lee Knit Products ...... Lumberton ...... 370 Cutting costs SCT Yarns ...... Cherryville ...... 180 Foreign competition SOft Care Apparel Co...... Fuquay-Varina ...... 100 Economics Southern Apparel Co...... Robersonville ...... 80 Lost contract The Bibb Co...... Rockingham ...... 250 Downsizing Tultex ...... Marion ...... 141 Production moved overseas U.S. Colors ...... Rocky Mount ...... 50 Ceased product line Whisper Soft Mills ...... Kenansville ...... 80 Decreased profits Total jobs lost to closings and layoffs ...... 2,918 Source: Newspaper articles supplied to the N.C. Employment Security Commission.

Mr. BYRD. Mr. President, I whole- apparel goods, with greater access to area, job losses on this scale constitute heartedly support the bill that the Sen- foreign markets for U.S.-produced tex- more than a minor unravelling of the ator from Kentucky [Mr. FORD] has tile and apparel goods. It also provides economic fabric of Ritchie County— just introduced. The Textile and Ap- for increased enforcement of existing they are a tear in the very fabric of parel Global Competitiveness Act of trade laws, with higher fines providing American society. 1996 will provide needed protections for additional trade adjustment assistance Mr. President, these potential job struggling U.S. textile and apparel pro- to U.S. textile and apparel producers. losses are not occurring because the ducers from unfair competition caused In West Virginia, two companies that quality of clothing produced in the by overseas producers who seek to ex- sew clothing proudly bearing ‘‘Made in United States is poor; quite the con- ceed U.S. quotas. These overseas pro- the USA’’ labels, Hodges Apparel and trary. U.S.-made clothing and textiles ducers ship excess goods through cir- Safety Stitch, have been feeling the are competitive with their overseas cuitous routes so that they appear to squeeze created by that kind of over- competitors on the basis of design, originate in third countries whose U.S. seas competition. This spring, both quality, and any standard other than import quotas have not been met. The manufacturers were notified that their cost. But U.S. production costs must Customs Service and industry esti- major supplier would be forced to move include pension and health care pay- mates put the cost of this practice to its work offshore in order to regain ments for workers, and costs to meet American industry and its workers at profitability. Unless these West Vir- workplace safety and environmental $2 to $4 billion. ginia firms can garner other orders, the standards. Overseas producers are not The Textile and Apparel Global Com- last 200 talented and dedicated garment required to cover these costs and meet petitiveness Act requires more equi- workers in Harrisville will be out of these standards. They may overwork table trade negotiations on textile and work. In this economically challenged and underpay their workers, forcing July 12, 1996 CONGRESSIONAL RECORD — SENATE S7825 them to labor in unsafe factories that While the industry enjoys broad sup- imports. This measure attempts to pollute the air and water around them. port in Congress and in the administra- level the playing field for the domestic The United States is proud of its laws tion, it has been the target of aggres- textile and apparel industry. I hope my protecting workers and the environ- sive attacks during the last several colleagues will support this measure ment. The Senate this week voted to years. Most of these attacks have been and move it expeditiously through the increase the minimum wage, so that thwarted, but they have come at a legislative process. working men and women can provide time when the textile and apparel in- f an adequate standard of living for their dustry is undergoing major trans- families. None of us wants to reduce formation as it pushes to increase pro- ADDITIONAL COSPONSORS that standard of living, or give up ductivity and to become more global in S. 1397 workplace safety or clean air and water its perspective and methods of oper- in order to ‘‘compete’’ with inexpensive At the request of Mr. KYL, the name ation. of the Senator from Utah [Mr. BEN- goods produced by workers paid just The American textile and apparel in- pennies a day before they return to NETT] was added as a cosponsor of S. dustry is seeking to make a successful 1397, a bill to provide for State control squalid homes under skies laden with transition to a quota-free environment pollutants. But if we are to preserve over fair housing matters, and for within a 10-year timeframe. This tran- other purposes. our jobs in the face of such undercut- sition must have the safeguards pro- ting competition, we must ensure that vided by this measure in order to allow S. 1868 U.S. producers are needed in order to the industry to realize that success. At the request of Mr. BREAUX, the meet the demand for clothing and tex- I congratulate Senator FORD for his name of the Senator from Louisiana tile goods. That is, in part, why quotas leadership on this issue and urge my [Mr. JOHNSTON] was added as a cospon- exist—to prevent overseas producers colleagues to join us in supporting the sor of S. 1868, a bill to amend the Deep- from saturating the market for U.S. Textile and Apparel Global Competi- water Port Act of 1974 to promote the goods, undercutting U.S. products pro- tiveness Act. use of deepwater ports to transport duced at higher cost. Mr. THURMOND. Mr. President, I Outer Continental Shelf oil by reducing Attempts by these overseas produc- rise today to join with several of my unnecessary and duplicative regulatory ers to evade U.S. import quotas, or to colleagues to sponsor the Customs En- requirements, and for other purposes. evade other U.S. trade laws and trea- forcement Act of 1996. This legislation S. 1938 ties, must be firmly and effectively is designed to strengthen our laws At the request of Mr. BOND, the halted. Enforcement, fines and other which fight illegal trade in textile and names of the Senator from Virginia remedies must be sufficient to deter apparel items and open foreign mar- [Mr. WARNER] and the Senator from this kind of behavior. The bill intro- kets to more American products. A SHCROFT duced by the Senator from Kentucky Missouri [Mr. A ] were added as accurately targets these problems. It companion measure, H.R. 3654, was re- cosponsors of S. 1938, a bill to enact the also provides a source of additional cently introduced in the House of Rep- model Good Samaritan Act Food Dona- revenue for trade adjustment assist- resentatives. tion Act, and for other purposes. Mr. President, I have often stated ance for U.S. textile and apparel pro- S. 1943 that trade with other countries should ducers, helping them to modernize and At the request of Mr. GRAHAM, the be fair, as opposed to free. This means more effectively compete on a cost name of the Senator from North Caro- that when exporters from another basis with overseas competitors, both lina [Mr. HELMS] was added as a co- here and in foreign markets. I am country seek unlimited access to our sponsor of S. 1943, a bill to amend the proud to be a cosponsor, and I thank markets, then our U.S. producers Fair Labor Standards Act of 1938 to ex- should likewise have open access to Senator FORD for his leadership in in- empt inmates from the minimum wage troducing this bill. their country’s markets. Many exam- and maximum hour requirements of Mr. HEFLIN. Mr. President, I am ples exist where the United States has such Act, and for other purposes. given another country access to our pleased to join my colleague from Ken- f tucky and others in introducing the marketplace, only to have our access Textile and Apparel Global Competi- limited in their country. The legisla- SENATE RESOLUTION 278—TO tiveness Act. This important legisla- tion we are introducing today attempts AUTHORIZE TESTIMONY to mitigate this practice. This measure tion addresses a problem of grave con- Mr. LOTT (for himself and Mr. will require the USTR to secure effec- sequence in my State and others where DASCHLE) submitted the following reso- tive market access for U.S. produced the textile and apparel industry has lution; which was considered and textile and apparel products. Further, been hurt dramatically in recent years agreed to: due to job relocation and factors re- if these markets are not opened, the S. RES. 278 sulting from the enactment of NAFTA USTR has the ability to impose pen- and GATT. This bill does nothing to alties in an attempt to force these mar- Whereas, in the case of State of Florida v. Kathleen Bush, Case No. 96–6912 CF10(A), undo these agreements, but it does go a kets open. Mr. President, another major concern pending in the Circuit Court for Broward long way toward strengthening protec- County, Florida, testimony and document tions for the textile and wearing ap- this legislation attempts to address is production has been requested from Mary parel sector of the economy and the transshipping. This is a practice where Chiles, an employee on the staff of Senator millions of workers affected by the an exporter ships goods through a third Bob Graham; changes which are occurring. country to avoid U.S. import quotas. Whereas, pursuant to sections 703(a) and This legislation requires the U.S. The worst offenders in the area of 704(a)(2) of the Ethics in Government Act of Trade Representative, when negotiat- transshipment countries are China, 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the ing textile agreements with nations India, and Pakistan. It is estimated Senate may direct its counsel to represent who are not members of the World that transshipments account for at to employees of the Senate with respect to any subpoena, order, or request for testimony or Trade Organization to secure effective least 4 billion dollars’ worth of the tex- documents relating to their official respon- market access for American textile and tile and apparel items shipped into the sibilities; apparel producers. It includes provi- United States in a year and this figure Whereas, by the privileges of the Senate of sions allowing penalties for noncompli- could be as high as $8 billion. This bill, the United States and Rule XI of the Stand- ance with these market-access agree- Mr. President, tightens the require- ing Rules of the Senate, no evidence under ments under WTO rules and U.S. law. ments for importing items into this the control or in the possession of the Senate Furthermore, it creates a special 301 country and provides for better docu- may, by the judicial process, be taken from list for market access for these prod- mentation so that transshipping can be such control or possession but by permission of the Senate; ucts and requires the Secretary of more easily traced. Further, penalties Whereas, when it appears that evidence Commerce to issue a report to Congress are increased for each transshipping under the control or in the possession of the each year that outlines the economic violation. Senate may promote the administration of contribution of the American textile Mr. President, this is not a protec- justice, the Senate will take such action as and apparel industries. tionist bill. Nor does it limit textile will promote the ends of justice consistently S7826 CONGRESSIONAL RECORD — SENATE July 12, 1996

with the privileges of the Senate: Now, AMENDMENT NO. 4455 That of the funds available under this para- therefore, be it At the appropriate place in the bill, graph, $4,000,000 shall be available for the Resolved, That Mary Chiles, and any other insert the following new section: procurement of a real-time, automatic cargo employee from whom testimony may be re- SEC. . The total amount appro- tracking and control system.’’. quired, are authorized to testify and to priated under the heading ‘‘Former So- produce documents in the case of State of viet Union Threat Reduction’’ is here- GRASSLEY AMENDMENT NO. 4463 Florida v. Kathleen Bush, except concerning matters for which a privilege should be as- by increased by $150,000,000: Provided, (Ordered to lie on the table.) serted. That the total amount appropriated Mr. GRASSLEY submitted an SEC. 2. That the Senate Legal Counsel is under the heading ‘‘Operation and amendment intended to be proposed by authorized to represent Mary Chiles, and any Maintenance, Defense-Wide’’ is hereby him to the bill, S. 1894, supra; as fol- other employee from whom testimony or reduced by $150,000,000. lows: document production may be required, in connection with State of Florida v. Kathleen AMENDMENT NO. 4456 On page 88, between lines 7 and 8, insert Bush. At the appropriate place in the bill, the following: SEC. 8099. Funds appropriated by this Act f insert the following new section: may not be used for supporting more than 68 SEC. . Of the amounts appropriated AMENDMENTS SUBMITTED under the heading ‘‘Operation and general officers on active duty in the Marine Corps. Maintenance, Defense-Wide’’, $150,000,000 is available only for mat- THE DEPARTMENT OF DEFENSE ters related to defense against weapons PELL AMENDMENT NO. 4464 APPROPRIATIONS ACT, 1997 of mass destruction: Provided, That the (Ordered to lie on the table.) total amount available for other pur- Mr. PELL submitted an amendment poses under the heading ‘‘Operation intended to be proposed by him to the NUNN (AND OTHERS) AMENDMENT and Maintenance, Defense-Wide’’ is bill, S. 1894, supra; as follows: NO. 4453 hereby reduced by $150,000,000. On page 88, between lines 7 and 8, insert (Ordered to lie on the table.) the following: AMENDMENT NO. 4457 Mr. NUNN (for himself, Mr. LUGAR, SEC. 8099. Of the amount appropriated or At the appropriate place in the bill, and Mr. DOMENICI) submitted an otherwise made available for the Depart- insert the following new section: amendment intended to be proposed by ment of Defense under title IV of this Act SEC. . The total amount appro- them to the bill (S. 1894) making appro- under the heading ‘‘RESEARCH, DEVELOP- priated under the heading ‘‘Former So- MENT, TEST AND EVALUATION, NAVY’’ for the priations for the Department of De- viet Union Threat Reduction’’ is here- National Oceanographic Partnership Pro- fense for the fiscal year ending Sep- by increased by $150,000,000. gram, there shall be available such funds as tember 30, 1997, and for other purposes; the Secretary of the Navy shall require for as follows: AMENDMENT NO. 4458 the establishment of the National Coastal At the appropriate place in the bill, insert: At the appropriate place in the bill, Data Centers required by section 7901(c) of SEC. . In addition to amounts provided insert the following new section: title 10, United States Code, as added by the elsewhere in this act, $150,000,000 is appro- SEC. . The total amount appro- National Defense Authorization Act for Fis- priated for defense against weapons of mass priated under the heading ‘‘Operation cal Year 1997. destruction, including domestic prepared- and Maintenance, Defense-Wide’’ is ness, interdiction of weapons of mass de- hereby increased by $150,000,000. GRASSLEY AMENDMENT NO. 4465 struction and related materials, control and (Ordered to lie on the table.) disposition of weapons of mass destruction AMENDMENT NO. 4459 Mr. GRASSLEY submitted an and related materials threatening the United At the appropriate place in the bill, States, coordination of policy and counter- amendment intended to be proposed by insert the following new section: measures against proliferation of weapons of him to the bill, S. 1894, supra; as fol- SEC. . The total amount appro- mass destruction, and miscellaneous related lows: programs, projects, and activities as author- priated under the heading ‘‘Operation On page 88, between lines 7 and 8, insert ized by law: Provided, That the total amount and Maintenance, Defense-Wide’’ is the following: available under the heading ‘‘Research, De- hereby reduced by $150,000,000. SEC. 8099. Funds appropriated by this Act velopment, Test and Evaluation, Defense- may not be used for supporting more than 68 Wide’’ for the Joint Technology Insertion DORGAN AMENDMENT NO. 4460 general officers on active duty in the Marine Program shall be $2,523,000: Provided further, Corps until— That the total amount appropriated under (Ordered to lie on the table.) (1) the Inspector General of the Depart- the heading ‘‘Research, Development, Test Mr. DORGAN submitted an amend- ment of Defense— and Evaluation, Defense-Wide’’ is hereby re- ment intended to be proposed by him (A) has conducted a comprehensive review duced by $12,000,000: Provided further, That to the bill, S. 1894, supra; as follows: of all headquarters within the department the total amount appropriated under the On page 30, strike lines 12 through 13 and and all general and flag officer positions that heading ‘‘Operation and Maintenance, De- insert in lieu thereof: ‘‘$8,890,092,000, to re- involves— fense-Wide’’ is hereby reduced by $138,000,000. main available for obligation until Septem- (i) an evaluation of the structure of head- ber 30, 1998: Provided, That, of the amount ap- quarters within the department and the gen- propriated under this heading, not more than NUNN AMENDMENTS NOS. 4454–4459 eral and flag officer positions in relation to $508,437,000 shall be available for national past, current, and future changes in the force (Ordered to lie on the table.) missile defense.’’ structure of the Armed Forces, including Mr. NUNN submitted six amend- consideration of the increasing importance ments intended to be proposed by him FEINSTEIN AMENDMENTS NOS. of joint headquarters since enactment of the to the bill, S. 1894, supra; as follows: 4461–4462 Goldwater-Nichols Department of Defense AMENDMENT NO. 4454 (Ordered to lie on the table.) Reorganization Act of 1986 and the roles and At the appropriate place in the bill, Mrs. FEINSTEIN submitted two missions of the headquarters in the head- insert the following new section: amendments intended to be proposed quarters structure; and (ii) a determination of the adjustments in SEC. . The total amount appro- by her to the bill, S. 1894, supra; as fol- such headquarters and positions that are priated under the heading ‘‘Former So- lows: necessary to provide an appropriate relation- viet Union Threat Reduction’’ is here- AMENDMENT NO. 4461 ship between the headquarters structure and by increased by $150,000,000: Provided, On page 29, line 20, strike out ‘‘Forces.’’ the force structure and between the number That the total amount appropriated and insert in lieu thereof ‘‘Forces: Provided of general and flag officer positions and the under the heading ‘‘Operation and further, That of the funds available under force structure; and Maintenance, Defense-Wide’’ is hereby this paragraph, $18,000,000 shall be available (B) has submitted to the Secretary of De- reduced by $138,000,000: Provided further, for the Pulse Doppler Upgrade modification fense a report on the results of the review, to the AN/SPS–48E radar system.’’. including the Inspector General’s rec- That the total amount appropriated ommendations for eliminating any head- under the heading ‘‘Research, Develop- AMENDMENT NO. 4462 quarters and general and flag officer posi- ment, Test and Evaluation, Defense- On page 29, line 10, strike out ‘‘1998.’’ and tions that the Inspector General considers Wide’’ is hereby reduced by $12,000,000. insert in lieu thereof ‘‘1998: Provided further, redundant or otherwise unnecessary; July 12, 1996 CONGRESSIONAL RECORD — SENATE S7827

(2) the Secretary of Defense— AMENDMENT NO. 4475 priated under this heading, $1,000,000 shall be (A) after considering the Inspector Gen- On page 32, line 18, strike the number made available, by grant or other transfer, eral’s report (including the recommenda- ‘‘$10,256,108,000’’ and insert in lieu thereof to the Harnett County School Board, tions), has developed a plan, including a ‘‘$10,251,208,000’’; Lillington, North Carolina, for use by the schedule, for a phased elimination of excess On page 32, line 19, strike the number school board for the education of dependents headquarters and general and flag officer po- ‘‘$9,936,638,000’’ and insert in lieu thereof of members of the Armed Forces and employ- sitions; and ‘‘$9,931,738,000’’; ees of the Department of Defense located at (B) has submitted the plan to Congress; On page 9, line 4, strike the number Fort Bragg and Pope Air Force Base, North and ‘‘$17,331,309,000’’ and insert in lieu thereof Carolina’’. (3) Congress has enacted a joint resolution ‘‘$17,326,909,000’’; the matter after the enacting clause states On page 3, line 3, strike the number SPECTER AMENDMENT NO. 4480 only the following: ‘‘Congress approves the ‘‘$16,943,581,000’’ and insert in lieu thereof plan for elimination of headquarters and ‘‘$16,948,481,000’’; (Ordered to lie on the table.) general and flag officer positions in the On page 4, line 3, strike the number Mr. STEVENS (for Mr. SPECTER) sub- Armed Forces that was submitted to Con- ‘‘$17,021,810,000’’ and insert in lieu thereof mitted an amendment intended to be gress by the Secretary of Defense on .’’, ‘‘$17,026,210,000’’. proposed by him to the bill, S. 1894, the blank being filled in with the date on supra; as follows: which the Secretary submits the report to AMENDMENT NO. 4476 Congress. On page 29, line 20, before the period, in- On page 26, line 11, before the period, in- sert: ‘‘: Provided further, That of the funds sert: INOUYE AMENDMENT NO. 4466 appropriated under this heading $46,600,000 ‘‘: Provided, That of the funds appropriated shall be made available only for the Inter- (Ordered to lie on the table.) under this heading, $11,500,000 shall be made cooled Recuperated Gas Turbine Engine pro- Mr. INOUYE submitted an amendment available only for modifications to B–52 gram’’. intended to be proposed by him to the bomber aircraft’’. bill, S. 1894, supra; as follows: AMENDMENT NO. 4477 STEVENS AMENDMENT NO. 4481 On page 8, on line 15 after the words On page 88, between lines 7 and 8, insert ‘‘Transaction Fund’’ insert the following: (Ordered to lie on the table.) ‘‘Provided, That from funds available for the following: Mr. STEVENS submitted an amend- the Asia-Pacific Center for Security Studies, SEC. 8099. (a) Of the amounts appropriated ment intended to be proposed by him such sums as may be necessary may be made or otherwise made available by this Act for to the bill, S. 1894, supra; as follows: available to reimburse the cost of con- the Department of the Air Force, $2,000,000 shall be available to provide comprehensive On page 8, line 15, before the period, insert: ferences, seminars, courses of instruction, or ‘‘: Provided, That advance billing for services similar educational activities of the Asia-Pa- care and rehabilitation services to children with disabilities who are dependents of mem- provided or work performed by the Navy’s cific Center for Security Studies for military defense business operating funds activities is officers and civilian official of foreign na- bers of the Armed Forces at Lakeland Air Force Base, Texas. prohibited; Provided further, That of the tions if the Secretary of Defense determines funds appropriated under this heading, that attendance by such personnel, without (b) Subject to subsection (c), the Secretary of the Air Force shall grant the funds avail- $2,976,000,000 shall be available only for depot reimbursement, is in the national security maintenance activities and programs, and interest of the United States’’. able under subsection (a) to the Children’s Association for Maximum Potential (CAMP) $989,700,000 shall be available only for real for use by the association to defray the costs property maintenance activities’’. STEVENS AMENDMENTS NOS. 4467– of designing and constructing the facility re- 4477 ferred to in subsection (a). LIEBERMAN AMENDMENT NO. 4482 (c)(1) The Secretary may not make a grant (Ordered to lie on the table.) (Ordered to lie on the table.) Mr. STEVENS submitted 11 amend- of funds under subsection (b) until the Sec- retary and the association enter into an Mr. STEVENS (for Mr. LIEBERMAN) ments intended to be proposed by him submitted an amendment intended to to the bill, S. 1894, supra; as follows: agreement under which the Secretary leases to the association the facility to be con- be proposed by him to the bill, S. 1894, AMENDMENT NO. 4467 structed using the funds. supra; as follows: On page 8, line 1, strike the number (2)(A) The term of the lease under para- On page 30, line 13, before the period, in- ‘‘$17,700,859,000’’ and insert in lieu thereof graph (1) may not be less than 25 years. sert: ‘‘: Provided, That of the funds appro- ‘‘$17,696,659,000’’. (B) As consideration for the lease of the fa- priated under this heading, $56,200,000 shall cility, the association shall assume respon- AMENDMENT NO. 4468 be available for the Corps Surface-to-Air sibility for the operation and maintenance of Missile (CORPS SAM) program and On page 9, line 11, strike the number the facility, including the costs of such oper- $515,743,000 shall be available for the Other ‘‘$9,953,142,000’’ and insert in lieu thereof ation and maintenance. Theater Missile Defense/Follow-On TMD Ac- ‘‘$9,887,142,000’’. (3) The Secretary may require such addi- tivities program’’. tional terms and conditions in connection AMENDMENT NO. 4469 with the lease as the Secretary considers ap- On page 12, line 22, strike the number propriate to protect the interests of the KEMPTHORNE (AND CRAIG) ‘‘$1,069,957,000’’ and insert in lieu thereof United States. AMENDMENT NO. 4483 ‘‘$1,140,157,000’’. (Ordered to lie on the table.) CRAIG (AND KEMPTHORNE) AMENDMENT NO. 4470 Mr. SEVENS (for Mr. KEMPTHORNE, AMENDMENT NO. 4478 On page 32, line 18, strike the number for himself, and Mr. CRAIG) submitted ‘‘$10,256,108,000’’ and insert in lieu thereof (Ordered to lie on the table.) an amendment intended to be proposed ‘‘$10,251,208,000’’. Mr. STEVENS (for Mr. CRAIG, for by them to the bill, S. 1894, supra; as himself, and Mr. KEMPTHORNE) submit- follows: AMENDMENT NO. 4471 ted an amendment intended to be pro- On page 33, on line 16 before the period, in- On page 32, line 19, strike the number posed by them to the bill, S. 1894, sert: ‘‘: Provided, That of the funds provided ‘‘$9,936,638,000’’ and insert in lieu thereof supra; as follows: under this heading for Research, develop- ‘‘$9,931,738,000’’. Before the period on page 20, line 29, insert: ment, test and evaluation, $3,000,000 shall only be for the accelerated development of AMENDMENT NO. 4472 ‘‘: Provided further, That of the funds appro- priated under this heading, $2,000,000 shall be advanced sensors for the Army’s Mobile Mu- On page 9, line 4, strike the number nitions Assessment System’’. ‘‘$17,331,309,000’’ and insert in lieu thereof available for titanium processing tech- ‘‘$17,326,909,000’’. nology’’. STEVENS AMENDMENTS NOS. 4484– AMENDMENT NO. 4473 HELMS AMENDMENT NO. 4479 4488 On page 4, line 3, strike the number (Ordered to lie on the table.) (Ordered to lie on the table.) ‘‘$17,021,810,000’’ and insert in lieu thereof Mr. STEVENS (for Mr. HELMS) sub- Mr. STEVENS submitted five amend- ‘‘$17,026,210,000’’. mitted an amendment intended to be ments intended to be proposed by him AMENDMENT NO. 4474 proposed by him to the bill, S. 1894, to the bill, S. 1894, supra; as follows: On page 3, line 3, strike the number supra; as follows: AMENDMENT NO. 4484 ‘‘$16,943,581,000’’ and insert in lieu thereof On page 9, line 22, before the period, insert: On page 8, line 3 before the period, insert: ‘‘$16,948,481,000’’. ‘‘: Provided further, That of the funds appro- ‘‘: Provided, That funds appropriated under S7828 CONGRESSIONAL RECORD — SENATE July 12, 1996 this heading for supervision and administra- HARKIN AMENDMENTS NOS. 4491– made available, by grant or other transfer, tion costs for facilities maintenance and re- 4492 to the Harnett County School Board, pair, minor construction, or design projects Lillington, North Carolina, for use by the may be obligated at the time the reimburs- (Ordered to lie on the table.) school board for the education of dependents able order is accepted by the performing ac- Mr. HARKIN submitted two amend- of members of the Armed Forces and employ- tivity: Provided further, That for the purpose ments intended to be proposed by him ees of the Department of Defense located at of this section, supervision and administra- to the bill, S. 1894, supra; as follows: Fort Bragg and Pope Air Force Base, North tion costs includes all in-house government AMENDMENT NO. 4491 Carolina’’. costs’’. On page 88, between lines 7 and 8, insert SIMON AMENDMENT NO. 4494 AMENDMENT NO. 4485 the following: SEC. 8099. None of the funds appropriated On page 8, line 15 before the period, insert: (Ordered to lie on the table.) or otherwise made available for the Depart- ‘‘: Provided, That funds appropriated under Mr. SIMON submitted an amendment ment of Defense by this Act may be obli- this heading for supervision and administra- intended to be proposed by him to the gated or expended to pay a contractor under tion costs for facilities maintenance and re- a contract with the Department for any bill, S. 1894, supra; as follows: pair, minor construction, or design projects costs incurred by the contractor when it is On page 35, line 18, before the period, insert may be obligated at the time the reimburs- made known to the Federal official having the following: ‘‘: Provided, That any individ- able order is accepted by the performing ac- authority to obligate or expend such funds ual accepting a scholarship or fellowship tivity: Provided further, That for the purpose that such costs are restructuring costs asso- from this program agrees to work for and of this section, supervision and administra- ciated with a business combination that make their language skills available to any tion costs includes all in-house government were incurred on or after August 15, 1994. agency or office of the Federal Government costs’’. having national security responsibilities, un- AMENDMENT NO. 4492 less the award recipient demonstrates, in ac- AMENDMENT NO. 4486 cordance with guidelines developed by the On page 8, line 19 before the period, insert: On page 88, between lines 7 and 8, insert the following: Secretary, that no such position is available ‘‘: Provided, That funds appropriated under in which case the recipient may work in the this heading for supervision and administra- SEC. 8099. (a)(1) Not later than February 1, 1997, the Comptroller General shall, in con- field of higher education in a discipline re- tion costs for facilities maintenance and re- lating to the foreign country, foreign lan- pair, minor construction, or design projects sultation with the Inspector General of the Department of Defense and the Director of guage, area study or international field of may be obligated at the time the reimburs- study for which the scholarship or fellowship able order is accepted by the performing ac- the Office of Management and Budget, sub- mit to Congress a report which shall set was awarded, for a period specified by the tivity: Provided further, That for the purpose Secretary’’. of this section, supervision and administra- forth recommendations regarding the revi- tion costs includes all in-house government sions of statute or regulation necessary— costs’’. (A) to assure that the amount paid by the BRYAN AMENDMENTS NOS. 4495– Department of Defense for restructuring 4508 AMENDMENT NO. 4487 costs associated with a business combination does not exceed the expected net financial (Ordered to lie on the table.) On page 9, line 6 before the period, insert: benefit to the Federal Government of the Mr. BRYAN submitted 14 amend- ‘‘: Provided, That funds appropriated under business combination; ments intended to be proposed by him this heading for supervision and administra- (B) to assure that such expected net finan- to the bill, S. 1894, supra; as follows: tion costs for facilities maintenance and re- cial benefit accrues to the Federal Govern- pair, minor construction, or design projects AMENDMENT NO. 4495 ment; and may be obligated at the time the reimburs- On page 30, line 1, strike ‘‘$14,778,540,000’’ (C) in the event that the amount paid ex- able order is accepted by the performing ac- and insert ‘‘$10,778,540,000’’. ceeds the actual net financial benefit, to per- tivity: Provided further, That for the purpose mit the Federal Government to recoup the of this section, supervision and administra- AMENDMENT NO. 4496 difference between the amount paid and the tion costs includes all in-house government actual net financial benefit. On page 29, line 16, strike ‘‘$8,067,543,000’’ costs’’. (2) For purposes of determining the net fi- and insert ‘‘$6,067,543,000’’. nancial benefit to the Federal Government AMENDMENT NO. 4488 of a business combination under this sub- AMENDMENT NO. 4497 At an appropriate place in the bill, insert: section, the Comptroller General shall uti- On page 30, line 1, strike ‘‘$14,778,540,000’’ SEC. . Funds appropriated in title II of lize a 5-year time period and take into ac- and insert ‘‘$11,778,540,000’’. this Act for supervision and administration count all costs anticipated to be incurred by costs for facilities maintenance and repair, the Federal Government as a result of the minor construction, or design projects may AMENDMENT NO. 4498 business combination, including costs associ- be obligated at the time the reimbursable On page 29, line 16, strike ‘‘$8,067,543,000’’ ated with the payment of unemployment order is accepted by the performing activity: and insert ‘‘$7,067,543,000’’. compensation and costs associated with the , That for the purpose of this sec- Provided retraining of workers. AMENDMENT NO. 4499 tion, supervision and administration costs (b) No funds appropriated or otherwise includes all in-house government costs. made available for the Department of De- On page 21, line 10, strike ‘‘$3,295,486,000’’ fense by this Act may be obligated or ex- and insert ‘‘$2,295,486,000’’. BINGAMAN AMENDMENT NO. 4489 pended to process or pay any claim for re- (Ordered to lie on the table.) structuring costs associated with a business AMENDMENT NO. 4500 Mr. BINGAMAN submitted an combination under the following: On page 21, line 10, strike ‘‘$3,295,486,000’’ amendment intended to be proposed by (1) Any contract, advance agreement, or and insert ‘‘$2,795,486,000’’. novation agreement entered into on or after him to the bill, S. 1894, supra; as fol- July 12, 1996. AMENDMENT NO. 4501 lows: (2) Any contract, advance agreement, or On page 22, line 3, strike ‘‘$7,239,704,000’’ On page 70, line 8, strike out novation agreement entered into before that and insert ‘‘$5,239,704,000’’. ‘‘$1,218,000,000’’ and insert in lieu thereof date unless the contract or agreement speci- ‘‘$1,118,000,000’’. fies that payment for costs associated with a AMENDMENT NO. 4502 business combination shall be made under the contract using funds appropriated or oth- On page 22, line 3, strike ‘‘$7,239,704,000’’ BINGAMAN (AND OTHERS) and insert ‘‘$6,239,704,000’’. AMENDMENT NO. 4490 erwise made available for the Department by this Act. (Ordered to lie on the table.) AMENDMENT NO. 4503 Mr. BINGAMAN (for himself, Mr. DO- HELMS AMENDMENT NO. 4493 On page 26, line 10, strike ‘‘$6,630,370,000’’ MENICI, and Mr. SANTORUM) submitted and insert ‘‘$4,630,370,000’’. an amendment intended to be proposed (Ordered to lie on the table.) by them to the bill, S. 1894, supra; as Mr. STEVENS (for Mr. HELMS) sub- AMENDMENT NO. 4504 follows: mitted an amendment intended to be On page 27, line 19, strike ‘‘$5,577,787,000’’ On page 30, line 13, insert before the period proposed by him to the bill, S. 1894, and insert ‘‘$3,577,787,000’’. the following: ‘‘: Provided, That, of such supra; as follows: amount, $10,000,000 is available for the Unit- On page 9, line 22, before the period, insert: AMENDMENT NO. 4505 ed States-Japan Management Training Pro- ‘‘: Provided further, That of the funds appro- On page 27, line 19, strike ‘‘$5,577,787,000’’ gram’’. priated under this heading, $1,000,000 shall be and insert ‘‘$4,577,787,000’’. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7829

AMENDMENT NO. 4506 (K) As assessment of the extent to which health care services to military retirees eli- On page 23, line 19, strike ‘‘$3,909,072,000’’ the Tricare program is prepared to meet re- gible for medicare in the regions in which and insert ‘‘$2,509,072,000’’. quirements of the medicare program for pur- the demonstration program is proposed to be poses of the demonstration program and the conducted in the absence of the program and AMENDMENT NO. 4507 provisions of law or regulation that would an assessment of revisions to such allocation On page 23, line 19, strike ‘‘$3,909,072,000’’ have to be waived in order to facilitate the that would result from the conduct of the and insert ‘‘$2,909,072,000’’. carrying out of the demonstration program. program. (L) An assessment of the impact of the (G) An estimate of the cost to the Depart- AMENDMENT NO. 4508 demonstration program on military readi- ment and to the medicare program of provid- On page 26, line 10, strike ‘‘$6,630,370,000’’ ness. ing health care services to medicare eligible and insert ‘‘$5,630,370,000’’. (M) Contingency plans for the provision of military retirees who enroll in the dem- health care services under the demonstration onstration program. program in the event of the mobilization of (H) An assessment of the likelihood of cost GRAMM AMENDMENTS NOS. 4509– health care personnel. shifting among the Department and the med- 4510 (N) A recommendation of the reports that icare program under the demonstration pro- (Ordered to lie on the table.) the Department and the Department of gram. Mr. GRAMM submitted two amend- Health and Human Services should submit to (I) A proposal for mechanisms for reconcil- ments intended to be proposed by him Congress describing the conduct of the dem- ing and reimbursing any improper payments onstration program. among the Department and the medicare to the bill, S. 1894, supra; as follows: (b) FEASIBILITY STUDY FOR PROGRAM FOR program under the demonstration program. AMENDMENT NO. 4509 ENROLLMENT IN TRICARE FEE-FOR-SERVICE (J) A methodology for evaluating the dem- At the appropriate place, insert the follow- OPTION.—Not later than January 10, 1997, the onstration program, including cost analyses. ing: Secretary of Defense and the Secretary of (K) An assessment of the extent to which SEC. . PLANS FOR MEDICARE SUBVENTION Health and Human Services shall jointly the Tricare program is prepared to meet re- DEMONSTRATION PROGRAMS. submit to Congress and the President a re- quirements of the medicare program for pur- (a) PROGRAM FOR ENROLLMENT IN TRICARE port on the feasibility and advisability of ex- poses of the demonstration program and the MANAGED CARE OPTION.—(1) Not later than panding the demonstration program referred provisions of law or regulation that would September 12, 1996, the Secretary of defense to in subsection (a) so as to provide the De- have to be waived in order to facilitate the and the Secretary of Health and Human partment with reimbursement from the med- carrying out of the demonstration program. Services shall jointly submit to Congress and icare program on a fee-for-service basis for (L) An assessment of the impact of the the President a report that sets forth a spe- health care services provided medicare-eligi- demonstration program on military readi- cific plan and the Secretaries’ recommenda- ble military retirees who enroll in the dem- ness. tions regarding the establishment of a dem- onstration program. The report shall include (M) Contingency plans for the provision of onstration program under which— a proposal for the expansion of the program health care services under the demonstration (A) military retirees who are eligible for if the expansion is determined to be advis- program in the event of the mobilization of medicare are permitted to enroll in the man- able. health care personnel. aged care option of the TRICARE program; (c) APPROPRIATIONS.—$75,000,000 shall be (N) A recommendation of the reports that and made available to carry out the demonstra- the Department and the Department of (B) the Secretary of Health and Human tion program referred to in subsection (a) if Health and Human Services should submit to Services reimburses the Secretary of Defense Congress authorizes the program by the end Congress describing the conduct of the dem- from the medicare program on a capitated of the Second Session of the 104th Congress. onstration program. basis for the costs of providing health care (b) FEASIBILITY STUDY FOR PROGRAM FOR services to military retirees who enroll. AMENDMENT NO. 4510 ENROLLMENT IN TRICARE FEE-FOR-SERVICE (2) The report shall include the following: At the appropriate place, insert the follow- OPTION.—Not later than January 3, 1997, the (A) The number of military retirees pro- ing: Secretary of Defense and the Secretary of jected to participate in the demonstration SEC. . PLANS FOR MEDICARE SUBVENTION Health and Human Services shall jointly program and the minimum number of such submit to Congress and the President a re- participants necessary to conduct the dem- DEMONSTRATION PROGRAMS. (a) PROGRAM FOR ENROLLMENT IN TRICARE port on the feasibility and advisability of ex- onstration program effectively. panding the demonstration program referred (B) A plan for notifying military retirees of MANAGED CARE OPTION.—(1) Not later than September 6, 1996, the Secretary of Defense to in subsection (a) so as to provide the De- their eligibility for enrollment in the dem- partment with reimbursement from the med- onstration program and for any other mat- and the Secretary of Health and Human Services shall jointly submit to Congress and icare program on a fee-for-service basis for ters connected with enrollment. health care services provided medicare-eligi- (C) A recommendation for the duration of the President a report that sets forth a spe- cific plan and the Secretaries’ recommenda- ble military retirees who enroll in the dem- the demonstration program. onstration program. The report shall include (D) A recommendation for the geographic tions regarding the establishment of a dem- a proposal for the expansion of the program regions in which the demonstration program onstration program under which— if the expansion is determined to be advis- should be conducted. (A) military retirees who are eligible for able. (E) The appropriate level of capitated re- medicare are permitted to enroll in the man- (c) APPROPRIATIONS.—$75,000,000 shall be imbursement, and a schedule for such reim- aged care option of the Tricare program; and made available to carry out the demonstra- bursement, from the medicare program to (B) the Secretary of Health and Human tion program referred to in subsection (a) if the Department of Defense for health care Services reimburses the Secretary of Defense Congress authorizes the program by the end services provided enrollees in the demonstra- from the medicare program on a capitated of the Second Session of the 104th Congress. tion program. basis for the costs of providing health care (F) An estimate of the amounts to be allo- services to military retirees who enroll. cated by the Department for the provision of (2) The report shall include the following: CHAFEE AMENDMENT NO. 4511 (A) The number of military retirees pro- health care services to military retirees eli- (Ordered to lie on the table.) gible for medicare in the regions in which jected to participate in the demonstration the demonstration program is proposed to be program and the minimum number of such Mr. STEVENS (for Mr. CHAFEE) sub- conducted in the absence of the program and participants necessary to conduct the dem- mitted an amendment intended to be an assessment of revisions to such allocation onstration program effectively. proposed by him to the bill, S. 1894, that would result from the conduct of the (B) A plan for notifying military retirees of supra; as follows: program. their eligibility for enrollment in the dem- Before the period on page 30, line 13, insert: (G) An estimate of the cost to the Depart- onstration program and for any other mat- ‘‘: Provided further, That of the funds appro- ment and to the medicare program of provid- ters connected with enrollment. priated under this heading, $3,000,000 shall be ing health care services to medicare eligible (C) A recommendation for the duration of available for a defense technology transfer military retirees who enroll in the dem- the demonstration program. pilot program’’. onstration program. (D) A recommendation for the geographic (H) An assessment of the likelihood of cost regions in which the demonstration program shifting among the Department and the med- should be conducted. NUNN (AND OTHERS) icare program under the demonstration pro- (E) The appropriate level of capitated re- AMENDMENTS NOS. 4512–4513 gram. imbursement, and a schedule for such reim- (Ordered to lie on the table.) (I) A proposal for mechanisms for reconcil- bursement, from the medicare program to Mr. NUNN (for himself, Mr. LUGAR, ing and reimbursing any improper payments the Department of Defense for health care among the Department and the medicare services provided enrollees in the demonstra- Mr. DOMENICI, and Mr. HARKIN) submit- program under the demonstration program. tion program. ted two amendments intended to be (J) A methodology for evaluating the dem- (F) An estimate of the amounts to be allo- proposed by them to the bill, S. 1894, onstration program, including cost analyses. cated by the Department for the provision of supra; as follows: S7830 CONGRESSIONAL RECORD — SENATE July 12, 1996

AMENDMENT NO. 4512 SEC. . Of the amounts appropriated under AMENDMENT NO. 4526 At the appropriate place in the bill, insert: the heading ‘‘Operation and Maintenance, On page 22, strike lines 3 through 4, and in- SEC. . In addition to amounts provided Defense-Wide’’, $150,000,000 is available only sert in lieu thereof the following: elsewhere in this act, $150,000,000 is appro- for matters related to defense against weap- ‘‘$7,005,704,000, to remain available for obliga- priated for defense against weapons of mass ons of mass destruction; Provided, That the tion until September 30, 1999: Provided, That destruction, including domestic prepared- total amount available for other purposes of the funds made available under this head- ness, interdiction of weapons of mass de- under the heading ‘‘Operation and Mainte- ing, no more than $255,000,000 shall be ex- struction and related materials, control and nance, Defense-Wide’’ is hereby reduced by pended or obligated for F/A–18C/D aircraft.’’ disposition of weapons of mass destruction $150,000,000. and related materials threatening the United AMENDMENT NO. 4520 KEMPTHORNE AMENDMENT NO. States, coordination of policy and counter- 4527 measures against proliferation of weapons of At the appropriate place in the bill, insert mass destruction, and miscellaneous related the following new section: (Ordered to lie on the table.) programs, projects, and activities as author- SEC. . The total amount appropriated Mr. STEVENS (for Mr. KEMPTHORNE) ized by law: Provided, That the total amount under the heading ‘‘Former Soviet Union submitted an amendment intended to available under the heading ‘‘Research, De- Threat Reduction’’ is hereby increased by be proposed by him to the bill, S. 1894, $150,000,000. velopment, Test and Evaluation, Defense- supra; as follows: Wide’’ for the Joint Technology Insertion Program shall be $2,523,000: Provided further, AMENDMENT NO. 4521 On page 33, on line 16 before the period, in- That the total amount appropriated under At the appropriate place in the bill, insert sert: ‘‘: Provided, That of the funds provided the heading ‘‘Research, Development, Test the following new section: under this heading for Research, develop- and Evaluation, Defense-Wide’’ is hereby re- SEC. . The total amount appropriated ment, test and evaluation, $3,000,000 shall duced by $12,000,000: Provided further, That under the heading ‘‘Operation and Mainte- only be for the accelerated development of the total amount appropriated under the nance, Defense-Wide’’ is hereby increased by advanced sensors for the Army’s Mobile Mu- heading ‘‘Operation and Maintenance, De- $150,000,000. nitions Assessment System’’. fense-Wide’’ is hereby reduced by $138,000,000. AMENDMENT NO. 4522 FRAHM AMENDMENT NO. 4528 AMENDMENT NO. 4513 At the appropriate place in the bill, insert (Ordered to lie on the table.) On page 17, line 24, strike out ‘‘$327,900,000’’ the following new section: Mrs. FRAHM submitted an amend- SEC. . The total amount appropriated and insert in lieu thereof ‘‘$477,900,000’’. ment intended to be proposed by her to On page 9, line 11, strike out $9,953,142,000’’ under the heading ‘‘Operation and Mainte- and insert in lieu thereof ‘‘$9,815,142,000’’. nance, Defense-Wide’’ is hereby reduced by the bill, S. 1894, supra; as follows: On page 30, line 12, strike out $150,000,000. At the appropriate place, insert the follow- ‘‘$9,190,092,000’’ and insert in lieu thereof ing: ‘‘$9,178,092,000’’. D’AMATO AMENDMENT NO. 4523 None of the funds provided for the pur- chase of the T–39N may be obligated until (Ordered to lie on the table.) NUNN AMENDMENTS NOS. 4514–4522 the Under Secretary of Defense for Acquisi- Mr. D’AMATO submitted an amend- tion certifies to the defense committees that (Ordered to lie on the table.) ment intended to be proposed by him the contract was awarded on the basis of and Mr. NUNN submitted nine amend- to the bill, S. 1894, supra; as follows: following a full and open competition con- ments intended to be proposed by him On page 88, between lines 7 and 8, insert sistent with current federal acquisition stat- to the bill, S. 1894, supra; as follows: the following: utes. SEC. 8099. None of the unobligated funds AMENDMENT NO. 4514 made available before the date of enactment On page 17, line 24, strike out ‘‘$327,900,000’’ WELLSTONE AMENDMENTS NOS. of this Act for activities under title III of the 4529–4530 and insert in lieu thereof ‘‘$477,900,000’’. Defense Production Act of 1950 (50 U.S.C. App. 2091 et seq.) may be expended until all (Ordered to lie on the table.) AMENDMENT NO. 4515 such funds available on the day before the Mr. WELLSTONE submitted two On page 9, line 11, strike out date of enactment of this Act to carry out amendments intended to be proposed ‘‘$9,953,142,000’’ and insert in lieu thereof the aluminum metal matrix composite pro- by him to the bill, S. 1894, supra; as fol- ‘‘$9,815,142,000’’. gram (approved as recorded in the purchases, lows: purchase commitments, and cost sharing let- AMENDMENT NO. 4529 AMENDMENT NO. 4516 ter and notification of the President dated On page 30, line 12, strike out October 5, 1995) are fully obligated for such On page 35, between lines 20 and 21, insert ‘‘$9,190,092,000’’ and insert in lieu thereof purchases, purchase commitments, and cost the following: ‘‘$9,178,092,000’’. sharing arrangement for discontinuously re- SEC. 8000. (a) Notwithstanding any other inforced aluminum. provision of this Act, the total amount ap- propriated by this Act is $243,406,197,000. AMENDMENT NO. 4517 BUMPERS (AND OTHERS) At the appropriate place in the bill, insert AMENDMENT NO. 4530 the following new section: AMENDMENTS NOS. 4524–4526 On page 35, between lines 20 and 21, insert SEC. . The total amount appropriated (Ordered to lie on the table.) the following: under the heading ‘‘Former Soviet Union Mr. BUMPERS (for himself, Mr. Treat Reduction’’ is hereby increased by SEC. 8000. (a) Notwithstanding any other $150,000,000; Provided, That the total amount FEINGOLD, and Mr. KOHL) submitted provision of this Act, the total amount ap- appropriated under the heading ‘‘Operation three amendments intended to be pro- propriated by this Act is $243,406,197,000. and Maintenance, Defense-Wide’’ is hereby posed by them to the bill, S. 1894, (b) The Secretary of Defense shall allocate reduced by $138,000,000; Provided further, That supra; as follows: reductions in appropriations under sub- section (a) so as not to jeopardize the mili- the total amount appropriated under the AMENDMENT NO. 4524 heading ‘‘Research, Development, Test and tary readiness of the Armed Forces or the On page 22, strike lines 3 through 4, and in- quality of life of Armed Forces personnel. Evaluation, Defense-Wide’’ is hereby reduced sert in lieu thereof the following: by $12,000,000. ‘‘$5,394,948,000, to remain available for obliga- tion until September 30, 1999: Provided, That LEVIN AMENDMENTS NOS. 4531–4533 AMENDMENT NO. 4518 no funds provided under this heading shall be (Ordered to lie on the table.) At the appropriate place in the bill, insert expended or obligated for F/A–18E/F air- Mr. LEVIN submitted three amend- the following new section: craft.’’ ments intended to be proposed by him SEC. . The total amount appropriated to the bill, S. 1894, supra; as follows: under the heading ‘‘Former Soviet Union AMENDMENT NO. 4525 AMENDMENT NO. 4531 Threat Reduction’’ is hereby increased by On page 22, strike lines 3 through 4, and in- $150,000,000; Provided, That the total amount sert in lieu thereof the following: On page 30, line 12, strike out appropriated under the heading ‘‘Operation ‘‘$6,372,948,000, to remain available for obliga- ‘‘$9,190,092,000’’ and insert in lieu thereof and Maintenance, Defense-Wide’’ is hereby tion until September 30, 1999: Provided, That ‘‘$9,238,092,000’’. reduced by $150,000,000. of the funds made available under this head- ing $1,467,000,000 shall be made available for AMENDMENT NO. 4532 AMENDMENT NO. 4519 procurement of 36 F/A–18C/D aircraft, and no On page 26, line 10, strike out At the appropriate place in the bill, insert funds shall be expended or obligated for F/A– ‘‘$6,630,370,000’’ and insert in lieu thereof the following new section: 18E/F aircraft.’’ ‘‘$6,582,370,000’’. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7831 AMENDMENT NO. 4533 Mr. FEINGOLD (for himself, Mr. SEC. 8099. (a) Not more than 90 percent of On page 26, line 10, strike out BUMPERS, and Mr. KOHL) submitted the funds appropriated or otherwise made ‘‘$6,630,370,000’’ and insert in lieu thereof three amendments intended to be pro- available by this Act for the procurement of ‘‘$6,582,370,000’’. posed by them to the bill, S. 1894, F/A–18E/F aircraft may be obligated or ex- On page 30, line 12, strike out supra; as follows: pended for the procurement of such aircraft ‘‘$9,190,092,000’’ and insert in lieu thereof until 30 days after the Secretary of Defense ‘‘$9,238,092,000’’. AMENDMENT NO. 4545 has submitted to the congressional defense On page 88, between lines 6 and 7, insert On page 88, between lines 7 and 8, insert committees a report on the F/A–18E/F air- the following: the following: craft which contains the following: ‘‘SEC. 8099. None of the funds appropriated SEC. 8099. (a)(1) Not later than March 30, (A) A review of the F/A–18E/ aircraft pro- in title III of this Act may be obligated or 1997, the Secretary of Defense shall submit gram. expended for more than six new production to the congressional defense committees a (B) An analysis and estimate of the produc- F–16 aircraft. report on the F/A–18E/F aircraft program. tion costs of the program for the total num- (2) The report shall contain the following: (A) A review of the F/A–18E/F aircraft pro- ber of aircraft realistically expected to be MURKOWSKI AMENDMENT NO. 4534 gram. procured at each of three annual production (B) An analysis and estimate of the produc- rates as follows: (Ordered to lie on the table.) (i) 18 aircraft. Mr. MURKOWSKI submitted an tion costs of the program for the total num- ber of aircraft realistically expected to be (ii) 24 aircraft. amendment intended to be proposed by procured at each of three annual production (iii) 36 aircraft. him to the bill, S. 1894, supra; as fol- rates as follows: (C) A comparison of the costs and benefits lows: (i) 18 aircraft. of the program with the costs and benefits of On page 88, between lines 7 and 8, insert (ii) 24 aircraft. the F/A–18C/D aircraft program taking into the following: (iii) 36 aircraft. account the operational combat effective- (C) A comparison of the costs and benefits SEC. 8099. Not later than six months after ness of the aircraft. the date of the enactment of this Act, the of the program with the costs and benefits of (b) In this section, the term ‘‘congressional Secretary of the Air Force shall submit to the F/A–18C/D aircraft program taking into defense committees’’ means the following: account the operational combat effective- Congress a cost-benefit analysis of consoli- (1) The Committees on Appropriations and ness of the aircraft. Armed Services of the Senate. dating the ground station infrastructure of (b)(1) None of the funds appropriated or the Air Force that supports polar orbiting (2) The Committees on Appropriations and otherwise made available by this Act for the National Security of the House of Represent- satellites. procurement of F/A–18E/F aircraft may be atives. obligated or expended for the procurement of REID AMENDMENTS NOS. 4535–4544 such aircraft until the end of the 30-day pe- (Ordered to lie on the table.) riod beginning on the date on which the De- FEINGOLD (AND OTHERS) Mr. REID submitted 10 amendments fense Acquisition Board makes the milestone AMENDMENT NO. 4546 decision for the F/A–18E/F program to enter intended to be proposed by him to the into low-rate initial production. (Ordered to lie on the table.) bill, S. 1894, supra; as follows: (2) If the Secretary of Defense has not sub- Mr. FEINGOLD (for himself, Mr. AMENDMENT NO. 4535 mitted the report required by subsection (a) BUMPERS, and Mr. KOHL) submitted an On page 19, line 22, strike out by the end of the period referred to in para- amendment intended to be proposed by ‘‘$1,449,714,000’’ and insert in lieu thereof graph (1), not more than 90 percent of the them to the bill, S. 1894, supra; as fol- ‘‘$1,226,014,000’’. funds appropriated or otherwise made avail- lows: able by this Act for the procurement of F/A– On page 88, between lines 7 and 8, insert AMENDMENT NO. 4536 18E/F aircraft may be obligated or expended the following: On page 19, line 22, strike out for the procurement of such aircraft after the period until the date that is 45 days after SEC. 8099. None of the funds appropriated ‘‘$1,449,714,000’’ and insert in lieu thereof or otherwise made available by this Act for ‘‘$1,287,014,000’’. the date on which the congressional defense committees receive the report. the procurement of F/A–18E/F aircraft may (c) In this section, the term ‘‘congressional be obligated or expended for the procure- AMENDMENT NO. 4537 defense committees’’ means the following: ment of such aircraft until the end of the 30- On page 19, line 22, strike out (1) The Committees on Appropriations and day period beginning on the date on which ‘‘$1,449,714,000’’ and insert in lieu thereof Armed Services of the Senate. the Defense Acquisition Board makes the ‘‘$1,322,514,000’’. (2) The Committees on Appropriations and milestone decision for the F/A–18E/F pro- National Security of the House of Represent- gram to enter into low-rate initial produc- AMENDMENT NO. 4538 atives. tion. On page 19, line 22, strike out (d) Not later than 30 days after the Sec- ‘‘$1,449,714,000’’ and insert in lieu thereof retary of Defense has submitted the report ‘‘$1,342,514,000’’. required by subsection (a), the Comptroller BINGAMAN AMENDMENTS NOS. General of the United States shall submit to 4548–4549 AMENDMENT NO. 4539 the congressional defense committees an (Ordered to lie on the table.) On page 19, line 22, strike out analysis of the report submitted by the Sec- Mr. BINGAMAN submitted two retary. ‘‘$1,449,714,000’’ and insert in lieu thereof amendments intended to be proposed ‘‘$1,392,514,000’’. (e) None of the funds appropriated or oth- erwise made available by this Act for the by him to the bill, S. 1894, supra; as fol- AMENDMENT NO. 4540 procurement of the F/A–18E/F aircraft may lows: On page 25, line 19, strike out ‘‘$660,507,000’’ be obligated or expended for the procure- AMENDMENT NO. 4548 ment of such aircraft if the Congress within and insert in lieu thereof ‘‘$565,507,000’’. On page 70, line 8, strike out the forty-five calendar days after receiving ‘‘$1,218,000,000’’ and insert in lieu thereof AMENDMENT NO. 4541 the report required by subsection (a) enacts a joint resolution prohibiting the obligation ‘‘$1,118,000,000’’. On page 25, line 19, strike out ‘‘$660,507,000’’ or expenditure of funds for such purpose. and insert in lieu thereof ‘‘$590,507,000’’. AMENDMENT NO. 4549 AMENDMENT NO. 4546 On page 30, line 13, insert before the period AMENDMENT NO. 4542 On page 88, between lines 7 and 8, insert the following: ‘‘: Provided, That, of such On page 25, line 19, strike out ‘‘$660,507,000’’ the following: amount, $10,000,000 is available for the Unit- and insert in lieu thereof ‘‘$630,507,000’’. SEC. 8099. None of the funds appropriated ed States-Japan Management Training Pro- or otherwise made available by this Act for gram’’. AMENDMENT NO. 4543 the procurement of F/A–18E/F aircraft may On page 25, line 19, strike out ‘‘$660,507,000’’ be obligated or expended for the procure- and insert in lieu thereof ‘‘$650,507,000’’. ment of such aircraft until the end of the 30- LAUTENBERG AMENDMENT NO. day period beginning on the date on which 4550 AMENDMENT NO. 4544 the Defense Acquisition Board makes the (Ordered to lie on the table.) On page 25, line 19, strike out ‘‘$660,507,000’’ milestone decision for the F/A–18E/F pro- Mr. LAUTENBERG submitted an and insert in lieu thereof ‘‘$655,507,000’’. gram to enter into low-rate initial produc- amendment intended to be proposed by tion. him to the bill, S. 1894, supra; as fol- FEINGOLD (AND OTHERS) AMENDMENT NO. 4547 lows: AMENDMENTS NOS. 4545–4547 On page 88, between lines 7 and 8, insert On page 88, between lines 7 and 8, insert (Ordered to lie on the table.) the following: the following: S7832 CONGRESSIONAL RECORD — SENATE July 12, 1996

SEC. 8099. (a) Not later than March 1, 1997, AMENDMENT NO. 4560 ‘‘(x) section 602 of title 18 (solicitation of the Deputy Secretary of Defense shall sub- On page 25, line 5, strike out political contributions); mit to the Defense Committees a report on ‘‘$2,944,519,000’’ and insert in lieu thereof ‘‘(xi) section 606 of title 18 (intimidation to Department of Defense procurements of pro- ‘‘$2,888,119,000’’. secure political contributions); pellant raw materials. ‘‘(xii) section 607 of title 18 (place of solici- (b) The report shall include the following: tation); (1) The projected future requirements of GREGG AMENDMENT NO. 4561 ‘‘(xiii) section 641 of title 18 (public money, the Department of Defense for propellant (Ordered to lie on the table.) property or records); or ‘‘(xiv) section 1001 of title 18 (statements or raw materials, such as nitrocellulose. Mr. GREGG submitted an amend- (2) The capacity, ability, and production entries generally). ment intended to be proposed by him ‘‘(B) Perjury committed under the statutes cost rates of the national technology and in- to the bill, S. 1894, supra; as follows: of the United States in falsely denying the dustrial base, including Government-owned, commission of an act which constitutes an contractor-operated facilities, contractor- At the appropriate place, insert the follow- ing new section: offense within the purview of a statute owned and -operated facilities, and Govern- named by subparagraph (A). ment-owned, Government-operated facilities, SEC. . CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL PENSION FORFEITURE. ‘‘(C) Subornation of perjury committed in for meeting such requirements. connection with the false denial of another (a) SHORT TITLE.—This section may be (3) The national security benefits of pre- individual as specified by subparagraph serving in the national technology and in- cited as the ‘‘Congressional, Presidential, and Judicial Pension Forfeiture Act’’. (B).’’. dustrial base contractor-owned and -operated (c) ABSENCE FROM THE UNITED STATES TO (b) CONVICTION OF CERTAIN OFFENSES.— facilities for producing propellant raw mate- AVOID PROSECUTION.— (1) IN GENERAL.—Section 8312(a) of title 5, rials, including nitrocellulose. (1) IN GENERAL.—Section 8313 of title 5, (4) The extent to which the cost rates for United States Code, is amended— United States Code, is amended— production of nitrocellulose in Government- (A) by striking ‘‘or’’ at the end of para- (A) by redesignating subsection (b) as sub- owned, contractor-operated facilities is graph (1); section (c); and lower because of the relationship of those fa- (B) by striking the period at the end of (B) by inserting after subsection (a) the cilities with the Department of Defense than paragraph (2) and inserting ‘‘; or’’; following new subsection: such rates would be without that relation- (C) by adding after paragraph (2) the fol- ‘‘(b) An individual, or his survivor or bene- ship. lowing new paragraph: ficiary, may not be paid annuity or retired (5) The advantages and disadvantages of ‘‘(3) is convicted of an offense named by pay on the basis of the service of the individ- permitting commercial facilities to compete subsection (d), to the extent provided by that ual which is creditable toward the annuity for award of Department of Defense con- subsection.’’; or retired pay, subject to the exceptions in tracts for procurement of propellant raw ma- (D) by striking ‘‘and’’ at the end of sub- section 8311 (2) and (3) of this title, if the in- terials, such as nitrocellulose. paragraph (A); dividual— (E) by striking the period at the end of ‘‘(1) is under indictment, after the date of f subparagraph (B) and inserting ‘‘; and’’; and the enactment of the Congressional, Presi- REID AMENDMENTS NOS. 4551–4560 (F) by adding after subparagraph (B) the dential, and Judicial Pension Forfeiture Act, following new subparagraph: for an offense named by section 8312(d)(2) of (Ordered to lie on the table.) ‘‘(C) with respect to the offenses named by this title, but only if such offense satisfies Mr. REID submitted 10 amendments subsection (d) of this section, to the period section 8312(d)(1)(C) of this title; intended to be proposed by him to the after the date of the conviction.’’. ‘‘(2) willfully remains outside the United bill, S. 1894, supra; as follows: (2) IDENTIFICATION OF OFFENSES.—Section States, or its territories and possessions in- 8312 of title 5, United States Code, is amend- AMENDMENT NO. 4551 cluding the Commonwealth of Puerto Rico, ed— for more than 1 year with knowledge of the On page 25, line 5, strike out (A) by redesignating subsection (d) as sub- indictment or charges, as the case may be; ‘‘$2,944,519,000’’ and insert in lieu thereof section (e); and and ‘‘$2,897,119,000’’. (B) by inserting after subsection (c) the fol- ‘‘(3) is an individual described in section lowing new subsection: 8312(d)(1)(B).’’. AMENDMENT NO. 4552 ‘‘(d)(1) The offenses under paragraph (2) are (2) CONFORMING AMENDMENT.—Subsection On page 25, line 5, strike out the offenses to which subsection (a) of this (c) of section 8313 of title 5, United States ‘‘$2,944,519,000’’ and insert in lieu thereof section applies, but only if— Code (as redesignated under paragraph ‘‘$2,909,619,000’’. ‘‘(A) the individual is convicted of such of- (1)(A)) is amended by inserting ‘‘or (b)’’ after fense committed after the date of the enact- ‘‘subsection (a)’’. AMENDMENT NO. 4553 ment of the Congressional, Presidential, and (d) REFUND OF CONTRIBUTIONS AND DEPOS- On page 25, line 5, strike out Judicial Pension Forfeiture Act; ITS.—Section 8316(b) of title 5, United States ‘‘$2,944,519,000’’ and insert in lieu thereof (B) the individual was a Member of Con- Code, is amended— (1) by striking ‘‘or’’ at the end of paragraph ‘‘$2,917,619,000’’. gress (including the Vice President), a con- gressional employee, or a Federal justice or (1); (2) by striking the period at the end of AMENDMENT NO. 4554 judge at the time of committing the offense; and paragraph (2) and inserting ‘‘; or’’; and On page 25, line 5, strike out (3) by adding at the end the following new ‘‘(C) the offense is punishable by imprison- ‘‘$2,944,519,000’’ and insert in lieu thereof paragraph: ment for more than 1 year. ‘‘$2,934,519,000’’. ‘‘(3) if the individual was convicted of an ‘‘(2) The offenses under this paragraph are offense named by section 8312(d) of this title, as follows: AMENDMENT NO. 4555 for the period after the conviction of the vio- ‘‘(A) An offense within the purview of— lation.’’. On page 26, line 10, strike out ‘‘(i) section 201 of title 18 (bribery of public (e) FORFEITURE OF PRESIDENTIAL ALLOW- ‘‘$6,630,370,000’’ and insert in lieu thereof officials and witnesses); ‘‘$5,955,132,000’’. ANCE.—Subsection (a) of the first section of ‘‘(ii) section 203 of title 18 (compensation the Act entitled ‘‘An Act to provide retire- to Members of Congress, officers, and others ment, clerical assistance, and free mailing AMENDMENT NO. 4556 in matters affecting the Government); privileges to former Presidents of the United On page 26, line 10, strike out ‘‘(iii) section 204 of title 18 (practice in States, and for other purposes’’, approved ‘‘$6,630,370,000’’ and insert in lieu thereof United States Court of Federal Claims or the August 25, 1958 (Public Law 85–745; 72 Stat. ‘‘$6,027,132,000’’. United States Court of Appeals for the Fed- 838; 3 U.S.C. 102 note) is amended— eral Circuit by Members of Congress); (1) by striking ‘‘Each former President’’ AMENDMENT NO. 4557 ‘‘(iv) section 219 of title 18 (officers and em- and inserting ‘‘(1) Subject to paragraph (2), On page 26, line 10, strike out ployees acting as agents of foreign prin- each former President’’; and ‘‘$6,630,370,000’’ and insert in lieu thereof cipals); (2) by inserting at the end the following ‘‘$6,237,132,000’’. ‘‘(v) section 286 of title 18 (conspiracy to new paragraph: defraud the Government with respect to ‘‘(2) The allowance payable to an individ- claims); AMENDMENT NO. 4558 ual under paragraph (1) shall be forfeited if— ‘‘(vi) section 287 of title 18 (false, fictitious, ‘‘(A) the individual is convicted of an of- On page 26, line 10, strike out or fraudulent claims); fense described under section 8312(d)(2) of ‘‘$6,630,370,000’’ and insert in lieu thereof ‘‘(vii) section 371 of title 18 (conspiracy to title 5, United States Code, committed after ‘‘$6,441,632,000’’. commit offense or to defraud the United the date of the enactment of the Congres- States; sional, Presidential, and Judicial Pension AMENDMENT NO. 4559 ‘‘(viii) section 597 of title 18 (expenditures Forfeiture Act; On page 26, line 10, strike out to influence voting); ‘‘(B) such individual committed such of- ‘‘$6,630,370,000’’ and insert in lieu thereof ‘‘(ix) section 599 of title 18 (promise of ap- fense during the individual’s term of office ‘‘$6,522,970,000’’. pointment by candidate); as President; and July 12, 1996 CONGRESSIONAL RECORD — SENATE S7833 ‘‘(C) the offense is punishable by imprison- ‘‘(xi) section 606 of title 18 (intimidation to ‘‘(C) the offense is punishable by imprison- ment for more than 1 year.’’. secure political contributions); ment for more than 1 year.’’. ‘‘(xii) section 607 of title 18 (place of solici- This section shall become effective 1 day GREGG AMENDMENT NO. 4562 tation); after the date of enactment. ‘‘(xiii) section 641 of title 18 (public money, (Ordered to lie on the table.) property or records); or AMENDMENT NO. 4563 ‘‘(xiv) section 1001 of title 18 (statements or Mr. GREGG submitted an amend- On page 30, line 2, before the period, insert: entries generally). ment intended to proposed by him to ‘‘: Provided, That not less than $1,000,000 of ‘‘(B) Perjury committed under the statutes the bill, S. 1894, supra; as follows: the funds appropriated in this paragraph of the United States in falsely denying the shall be made available only to assess the In the pending amendment, strike all after commission of an act which constitutes an budgetary, cost, technical, operational, the first word and insert: offense within the purview of a statute training, and safety issues associated with a CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL named by subparagraph (A). PENSION FORFEITURE. ‘‘(C) Subornation of perjury committed in decision to eliminate development of the F– (a) SHORT TITLE.—This section may be connection with the false denial of another 22B two-seat training variant of the F–22 ad- cited as the ‘‘Congressional, Presidential, individual as specified by subparagraph vanced tactical fighter: Provided further, and Judicial Pension Forfeiture Act’’. (B).’’. That the assessment required by the preced- (b) CONVICTION OF CERTAIN OFFENSES.— (c) ABSENCE FROM THE UNITED STATES TO ing proviso shall be submitted, in classified (1) IN GENERAL.—Section 8312(a) of title 5, AVOID PROSECUTION.— and unclassified versions, by the Secretary United States Code, is amended— (1) IN GENERAL.—Section 8313 of title 5, of the Air Force to the Congressional defense (A) by striking ‘‘or’’ at the end of para- United States Code, is amended— committees not later than February 15, graph (1); (A) by redesigning subsection (b) as sub- 1997’’. (B) by striking the period at the end of section (c); and paragraph (2) and inserting ‘‘; or’’; (B) by inserting after subsection (a) the AMENDMENT NO. 4564 (C) by adding after paragraph (2) the fol- following new subsection: At the appropriate place in the bill, add lowing new paragraph: ‘‘(b) An individual, or his survivor or bene- the following general provision: ‘‘(3) is convicted of an offense named by ficiary, may not be paid annuity or retired SEC. . (a) The Secretary of the Air Force subsection (d), to the extent provided by that pay on the basis of the service of the individ- and the Director of the Office of Personnel subsection.’’; ual which is creditable toward the annuity Management shall submit a joint report de- (D) by striking ‘‘and’’ at the end of sub- or retired pay, subject to the exceptions in scribing in detail the benefits, allowances, paragraph (A); section 8311 (2) and (3) of this title, if the in- services, and any other forms of assistance (E) by striking the period at the end of dividual— which may or shall be provided to any civil- subparagraph (B) and inserting ‘‘; and’’; and ‘‘(1) is under indictment, after the date of ian employee of the Federal government or (F) by adding after subparagraph (B) the the enactment of the Congressional, Presi- to any private citizen, or to the family of following new subparagraph: dential, and Judicial Pension Forfeiture Act, such an individual, who is injured or killed ‘‘(C) with respect to the offenses named by for an offense named by section 8312(d)(2) of while traveling on an aircraft owned, leased, subsection (d) of this section, to the period this title, but only if such offense satisfies chartered, or operated by the Government of after the date of the conviction.’’. section 8312(d)(1)(C) of this title; the United States. (2) IDENTIFICATION OF OFFENSES.—Section ‘‘(2) willfully remains outside the United (b) The report required by subsection (a) 8312 of title 5, United States Code, is amend- States, or its territories and possessions in- above shall be submitted to the Congres- ed— cluding the Commonwealth of Puerto Rico, sional defense committees and to the Com- (A) by redesignating subsection (d) as sub- for more than 1 year with knowledge of the mittee on Governmental Affairs of the Sen- section (e); and indictment or charges, as the case may be; ate and the Committee on Government Re- (B) by inserting after subsection (c) the fol- and form and Oversight of the House of Rep- lowing new subsection: ‘‘(3) is an individual described in section resentatives not later than December 15, ‘‘(d)(1) The offenses under paragraph (2) are 8312(d)(1)(B).’’. 1996. the offenses to which subsection (a) of this (2) CONFORMING AMENDMENT.—Subsection (c) of section 8313 of title 5, United States section applies, but only if— CHAFEE AMENDMENT NO. 4565 ‘‘(A) the individual is convicted of such of- Code (as redesignated under paragraph fense committed after the date of the enact- (1)(A)) is amended by inserting ‘‘or (b)’’ after (Ordered to lie on the table.) ‘‘subsection (a)’’. ment of the Congressional, Presidential, and Mr. STEVENS (for Mr. CHAFEE) sub- (3) REFUND OF CONTRIBUTIONS AND DEPOS- Judicial Pension Forfeiture Act; mitted an amendment intended to be ‘‘(B) the individual was a Member of Con- ITS.— Section 8316(b) of title 5, United States proposed by him to the bill, S. 1894, gress (including the Vice President), a con- Code is amended— supra; as follows: gressional employee, or a Federal justice or (1) by striking ‘‘or’’ at the end of paragraph judge at the time of committing the offense; Before the period on page 30, line 13, insert: (1); and ‘‘: Provided further, That of the funds appro- (2) by striking the period at the end of priated under this heading, $3,000,000 shall be ‘‘(C) the offense is punishable by imprison- paragraph (2) and inserting ‘‘; or’’; and ment for more than 1 year. available for a defense technology transfer (3) by adding at the end the following new pilot program’’. ‘‘(2) The offenses under this paragraph are paragraph: as follows: ‘‘(3) if the individual was convicted of an ‘‘(A) An offense within the purview of— offense named by section 8312(d) of this title LOTT AMENDMENT NO. 4566 ‘‘(i) section 201 of title 18 (bribery of public for the period after the conviction of the vio- officials and witnesses); (Ordered to lie on the table.) lation.’’. Mr. STEVENS (for Mr. LOTT) submit- ‘‘(ii) section 203 of title 18 (compensation of (e) FORFEITURE OF PRESIDENTIAL ALLOW- ted an amendment intended to be pro- Members of Congress, officers, and others in ANCE.—Subsection (a) of the first section of matters affecting the Government); the Act entitled ‘‘An Act to provide retire- posed by him to the bill, S. 1894, supra; ‘‘(iii) section 204 of title 18 (practice in ment, clerical assistance, and free mailing as follows: United States Court of Federal Claims or the privileges to former Presidents of the United Before the period on page 30, line 13, insert: United States Court of Appeals for the Fed- States, and for other purposes’’, approved ‘‘: Provided further, That of the funds appro- eral Circuit by Members of Congress); August 25, 1958 (Public Law 85–745; 72 Stat. priated under this heading, $50,000,000 shall ‘‘(iv) section 219 of title 18 (officers and em- 838; 3 U.S.C. 102 note) is amended— be available for the Maritime Technology ployees acting as agents of foreign prin- (1) by striking ‘‘Each former President’’ program and $3,580,000 shall be available for cipals); and inserting ‘‘(1) Subject to paragraph (2) the Focused Research Initiatives program’’. ‘‘(v) section 286 of title 18 (conspiracy to each former President’’; and defraud the Government with respect to (2) by inserting at the end the following claims); new paragraph: PELL AMENDMENT NO. 4567 ‘‘(vi) section 287 of title 18 (false, fictitious, ‘‘(2) The allowance payable to an individ- (Ordered to lie on the table.) or fraudulent claims); ual under paragraph (1) shall be forfeited if— Mr. STEVENS (for Mr. PELL) submit- ‘‘(vii) section 371 of title 18 (conspiracy to ‘‘(A) the individual is convicted of an of- ted an amendment intended to be pro- commit offense or to defraud the United fense described under section 8312(d)(2) of States; title 5, United States Code, committed after posed by him to the bill, S. 1894, supra; (viii) section 597 of title 18 (expenditures to the date of the enactment of the Congres- as follows: influence voting); sional, Presidential, and Judicial Pension On page 88, between lines 7 and 8, insert ‘‘(ix) section 599 of title 18 (promise of ap- Forfeiture Act; the following: ‘‘Provided further, That of the pointment by candidate); ‘‘(B) such individual committed such of- funds appropriated under this heading, ‘‘(x) section 602 of title 18 (solicitation of fense during the individual’s term of office $4,000,000 of the available funds shall be political contributions); as President; and available only for the establishment of the S7834 CONGRESSIONAL RECORD — SENATE July 12, 1996 National Coastal Data Centers required by by this Act include, where appropriate, spe- Dragon Missile System, including pre-pro- section 7901(c) of title 10, United States Code, cific goals for subcontracts with small busi- duction engineering and systems qualifica- as added by the National Defense Authoriza- nesses, small disadvantages businesses, and tion.’’ tion Act for Fiscal Year 1997.’’ women owned small businesses. (b) The Secretary shall ensure that any STEVENS AMENDMENT NO. 4576 MOSELEY-BRAUN AMENDMENT NO. subcontract entered into pursuant to a solic- 4568 itation referred to in subsection (a) that (Ordered to lie on the table.) meets a specific goal referred to in that sub- Mr. STEVENS submitted an amend- (Ordered to lie on the table.) section is credited toward the overall goal of ment intended to be proposed by him Ms. MOSELEY-BRAUN submitted an the Army for subcontracts with the busi- to the bill, S. 1894, supra; as follows: nesses referred to in that subsection. amendment intended to be proposed by On page 88, between lines 7 and 8, insert her to the bill, S. 1894, supra; as fol- the following: lows: SIMON AMENDMENT NO. 4573 SEC. 8099. (a) Notwithstanding any other At the appropriate place, insert the follow- (Ordered to lie on the table.) provision of this Act, the number for Mili- ing: Any college or university that receives Mr. SIMON submitted an amendment tary Personnel, Navy in shall be federal funding under this bill must report $16,948,481,000, the number for Military Per- annually to the Office of Management and intended to be proposed by him to the sonnel, Air Force shall be $17,026,210,000, the Budget on the average cost of tuition at bill, S. 1894, supra; as follows: number for Operation and Maintenance, their school for that year and the previous On page 88, between lines 7 and 8, insert Army shall be $17,696,659,000, the number for two years. the following: Operation and Maintenance, Air Force shall f SEC. 8099. (a) No funds appropriated under be $17,326,909,000, the number for Operation this Act shall be obligated or expended for and Maintenance, Defense-Wide shall be BRADLEY AMENDMENT NO. 4569 new contracts with any person or entity $9,887,142,000, the number for Overseas Con- (Ordered to lie on the table.) that, with a clear pattern and practice (as tingency Operations Transfer Fund shall be $1,140,157,000, the number for Defense Health Mr. BRADLEY submitted an amend- determined by the Secretary of Labor), has violated the provisions of the National Labor Program shall be $10,251,208,000, and the ment intended to be proposed by him Relations Act. number for Defense Health Program Oper- to the bill, S. 1894, supra; as follows: (b) A debarment, as described in subsection ation and maintenance shall be $9,931,738,000. On page 88, between lines 7 and 8, insert (a), may apply to any person or entity, or to (b) Advanced billing for services provided the following: a subsidiary or division thereof, that has en- or work performed by the Navy’s defense SEC. 8099. (1) Not later than April 1, 1997, gaged in a clear pattern and practice of vio- business operating fund activities is prohib- the Comptroller General shall, in consulta- lating the provisions of the National Labor ited: Provided, That of the funds appropriated tion with the Inspector General of the De- Relations Act. for Operation and Maintenance, Navy, partment of Defense, the Secretary of De- (c) A debarment, as described in sub- $2,976,000,000 shall be available only for depot fense, and the Secretary of Labor, submit to sections (a) and (b), may be waived or re- maintenance activities and programs, and Congress a report which shall include the fol- moved by the Secretary of Defense upon the $989,700,000 shall be available only for real lowing: submission of an application to the Sec- property maintenance activities. (A) an analysis and breakdown of the re- retary of Defense that is supported by docu- (c) Of the funds appropriated in this Act, structuring costs paid by or submitted to the mentary evidence and that sets forth appro- $1,000,000 shall be made available, by grant or Department of Defense to companies in- priate reasons for the granting of the debar- other transfer, to the Harnett County School volved in business combination since 1993; ment waiver or removal, including reasons Board, Lillington, North Carolina, for use by (B) an analysis of the specific costs associ- such as compliance with the final orders that the school board for the education of depend- ated with workforce reductions; are found to have been willfully violated, a ents of members of the Armed Forces and (C) an analysis of the services provided to bona fide change of ownership or manage- employees of the Department of Defense lo- the workers affected by business combina- ment, or fraud or misrepresentation by the cated at Fort Bragg and Pope Air Force tions; charging party. The Secretary of Defense Base, North Carolina. (D) an analysis of the effectiveness of the may also waive or remove an order of debar- (d) Funds appropriated in title II of this restructuring costs used to assist laid off ment for reasons of national security, or if Act for supervision and administration costs workers in gaining employment; alternative and timely sources of procure- for facilities maintenance and repair, minor (E) in accordance with Section 818 of 10 ment are not available. construction, or design projects may be obli- U.S.C. 2324, an analysis of the savings gated at the time the reimbursable order is accepted by the performing activity: Pro- reached from the business combination rel- SIMON AMENDMENT NO. 4574 ative to the restructuring costs paid by the vided, That for the purpose of this sub- Department of Defense. (Ordered to lie on the table.) section, supervision and administration (2) The report should set forth rec- Mr. SIMON submitted an amendment costs includes all in-house government costs. ommendations to make this program more intended to be proposed by him to the (e) The Secretary of the Air Force and the effective for workers affected by business bill, S. 1894, supra; as follows: Director of the Office of Personnel Manage- combinations and more efficient in terms of ment shall submit a joint report describing the use of federal dollars. On page 88, between lines 7 and 8, insert in detail the benefits, allowances, services, the following: and any other forms of assistance which may SEC. 8099. (a) No funds appropriated under or shall be provided to any civilian employee HEFLIN (AND SHELBY) this Act shall be obligated or expended for AMENDMENTS NO. 4570–4572 of the Federal government or to any private new contracts with any person or entity citizen, or to the family of such an individ- (Ordered to lie on the table.) that, with a clear pattern and practice (as ual, who is injured or killed while traveling Mr. HEFLIN (for himself and Mr. determined by the Secretary of Labor), has on an aircraft owned, leased, chartered, or violated the provisions of the National Labor operated by the Government of the United SHELBY) submitted three amendments Relations Act. intended to be proposed by him to the States: Provided, That the report required by bill, S. 1894, supra; as follows: this subsection shall be submitted to the SPECTER (AND JOHNSTON) Congressional defense committees and to the AMENDMENT NO. 4570 AMENDMENT NO. 4575 Committee on Governmental Affairs of the On page 23, between lines 21 and 22, insert Senate and the Committee on Government the following: (Ordered to lie on the table.) Reform and Oversight of the House of Rep- Procurement of new main feed pump tur- Mr. SPECTER (for himself and Mr. resentatives not later than December 15, bines for the Constellation (CV–64), $4,200,000; JOHNSTON) submitted an amendment 1996. intended to be proposed by them to the AMENDMENT NO. 4571 bill, S. 1894, supra; as follows: LEVIN AMENDMENT NO. 4577 On page 31, line 5, strike ‘‘$21,968,000’’ and On page 19, line 7, insert the following: ‘‘; insert ‘‘$31,218,000’’. (Ordered to lie on the table.) Provided, That of the funds provided in this Mr. LEVIN submitted an amendment paragraph and not withstanding the provi- AMENDMENT NO. 4572 sions of title 31, United States Code, Section intended to be proposed by him to the On page 88, lines 7 and 8, insert the follow- 1502(a), not to exceed $25,000,000 is appro- bill, S. 1894, supra; as follows: ing: priated for the benefit of the Army National On page 26, line 10, strike out SEC. 8099. (a) The Secretary of the Army Guard to complete the remaining design and ‘‘$6,630,370,000’’ and insert in lieu thereof shall ensure that solicitations for contracts development of the upgrade and to increase $6,582,370,000’’. for unrestricted procurement to be entered gunner survivability, range, accuracy, and On page 34, between lines 19 and 20, insert into using funds appropriated for the Army lethality for the fully modernized Super the following: July 12, 1996 CONGRESSIONAL RECORD — SENATE S7835 ANTI-TERRORISM ACTIVITIES, DEFENSE ADDITIONAL STATEMENTS tients entitled ‘‘From Soup to Nuts.’’ (INCLUDING TRANSFER OF FUNDS) The book offers soft and nutritious gourmet recipes for healing patients, For anti-terrorism activities of the Depart- TRIBUTE TO DR. THOMAS J. ment of Defense, $14,000,000 for transfer to as well as keys to returning to dental appropriations available to the Department BALSHI fitness and the recipes that accompany of Defense for operations and maintenance, ∑ Mr. SANTORUM. Mr. President, I that opportunity. for procurement, and research, development, rise today to pay tribute to a constitu- Dr. Balshi continues a very giving test, and evaluation: Provided, That the ent and fellow Pennsylvanian, Dr. and philanthropic presence in the com- funds appropriated by this paragraph shall Thomas J. Balshi. For almost a quarter munity awarding scholarships as the be available for obligation for the same pe- of a century, Thomas J. Balshi, a fel- chair of educational foundations as riod and for the same purpose as the appro- priation to which transferred: Provided fur- low of the American College of Pros- well as giving countless time and den- ther, That the transfer authority provided in thodontists, has enhanced the health of tal care resources to charity. this paragraph is in addition to any other thousands of individuals worldwide by Mr. President, I wanted to share Dr. transfer authority contained in this Act. contributions to research, education, Balshi’s background and experiences On page 88, between lines 7 and 8, insert and the clinical practice of prosthetic with my Senate colleagues today. I the following: dentistry. hope you will all join me in honoring SEC. 8099. The Secretary of Defense shall Dr. Balshi is a pioneer in the field of and recognizing his presence and con- establish, beginning in fiscal year 1997, a pro- implant prosthodontics and operates a tributions.∑ gram element in the Office of the Secretary state-of-the-art dental clinic in Fort f of Defense, for the purposes of funding emer- Washington, PA. Dr. Balshi and his gency anti-terrorism activities. The fund staff of 23 have touched the lives of AUTHORIZING SENATE LEGAL shall be in addition to funds appropriated COUNSEL REPRESENTATION under other provisions of this Act for anti- many, replacing countless lost, dam- terrorism, and is intended to allow the Sec- aged, or diseased teeth with secure, Mr. GORTON. Mr. President, I ask retary of Defense to respond quickly to permanent prosthetic smiles. Dr. unanimous consent that the Senate emergency anti-terrorism requirements Balshi specializes in saving dental proceed to the immediate consider- identified by the Commanders, of the Unified cases diagnosed as hopeless and has re- ation of a Senate resolution submitted Combatant Commands or Joint Task Force newed dental health, nutritional earlier today by Senators LOTT and Commanders that arise in response to a health, and self-confidence for many. DASCHLE. change in threat level. Dr. Balshi is a recent recipient of the The PRESIDING OFFICER. The SEC. 9000. None of the funds appropriated in prestigious George Washington Medal clerk will report. title III of this Act may be obligated or ex- The legislative clerk read as follows: pended for more than six new production F– of Honor from the National Freedoms 16 aircraft. Foundation at Valley Forge, PA. This A resolution (S. Res. 278) to authorize tes- award was bestowed to honor Dr. timony, production of documents and rep- Balshi’s contributions to dental science resentation of Senate employee in State of Florida versus Kathleen Bush. LEVIN AMENDMENT NO. 4578 through education. The Freedoms Foundation honors Americans whose The PRESIDING OFFICER. Is there (Ordered to lie on the table.) lives reinforce and exhibit the patriotic objection to the immediate consider- Mr. LEVIN submitted an amendment values of our country’s Founding Fa- ation of the resolution? intended to be proposed by him to the thers. There being no objection, the Senate bill, S. 1894, supra; as follows: In his youth, Thomas Balshi was an proceeded to consider the resolution. On page 26, line 10, strike out Eagle Scout. He later graduated from Mr. LOTT. Mr. President, the case of ‘‘$6,630,370,000’’ and insert in lieu thereof the Villanova University in 1968, and, State of Florida versus Kathleen Bush ‘‘$6,582,370,000’’. following graduation from Temple Uni- is a criminal prosecution brought by On page 34, between lines 14 and 20 insert versity School of Dentistry in 1972, be- the State attorney for Broward Coun- the following: came a fellow of the American College ty, FL, alleging aggravated child abuse ANTI-TERRORISM ACTIVITIES, DEFENSE of Prosthodontists [FACP] in 1976. and organized fraud. The case, which (INCLUDING TRANSFER OF FUNDS) A former captain in the U.S. Army, has received significant publicity, pre- For anti-terrorism activities of the Depart- Dr. Balshi was chief, Department of sents allegations that the defendant ment of Defense, $14,000,000, for transfer to Fixed Prosthetics, Mills Army Dental deliberately made her child ill to ob- appropriations available to the Department Clinic, Fort Dix, NJ. He received the tain attention from medical personnel, of Defense for operations and maintenance, Army Commendation Medal for Ex- the media, and others. The State as- for procurement, and for research, develop- traordinary Service. serts that the defendant engaged in a ment, test, and evaluation: Provided, That Today, he is a clinician, teacher, letter-writing campaign to numerous the funds appropriated by this paragraph mentor, researcher, public educator, government officials as part of her shall be available for obligation for the same and devotee of health care. He wel- fraudulent and abusive activities. In- period and for the same purposes as the ap- propriation to which transferred: Provided comes students from around the world deed, the public record reflects that, further, That the transfer authority provided to his clinic, teaching them not only through the defendant’s efforts, the de- in this paragraph is in addition to any other his clinical skills, but also his business fendant and her daughter had personal transfer authority contained in this Act. skills as well. He is committed to mak- meetings with Mrs. Clinton and Sen- On page 88, between lines 7 and 8, insert ing the public aware of quality dental ator GRAHAM, among others. the following: care. The State intends to introduce into SEC. 8099. It is the sense of the Congress Dr. Balshi has trained a specialist evidence at trial the letters that the that (1) the Secretary of Defense should es- from Bosnia-Herzogovina to bring heal- defendant wrote to government offi- tablish, beginning in fiscal year 1997, pro- ing and restoration to the war-torn cials about her daughter. The prosecu- gram element in the Office of the Secretary population where United States mili- tor has requested that Senator GRA- of Defense for the purposes of funding emer- gency anti-terrorism activities, (2) funds ap- tary service personnel are now keeping HAM’s office provide testimony to au- propriated for the program element should the peace. He has championed the bene- thenticate the correspondence between be in addition to other funds available under fits of prosthetic care throughout the defendant and the office. This reso- this Act for anti-terrorism, and is intended India, Uruguay, and Colombia, and has lution would authorize an employee on to allow the Secretary of Defense to respond spoken before the Royal Society of Senator GRAHAM’s staff to testify and quickly to emergency anti-terrorism re- Medicine in London. produce documents in this case, with quirements identified by the commanders of Serving as editor of the International representation from the Senate Legal the unified combatant commands or Joint College of Prosthodontists Newsletter Counsel. Task Force Commanders that arise in re- sponse to a change in threat level.’’ for its inaugural 10 years, Dr. Balshi Mr. GORTON. I ask unanimous con- SEC. 9000. None of the funds appropriated in actively participated in establishing sent that the resolution be agreed to, title III of this Act may be obligated or ex- worldwide communication among prac- the preamble be agreed to, the motion pended for more than six new production F– titioners of his specialty. He recently to reconsider be laid upon the table, 16 aircraft. published a cookbook for dental pa- and that any statements relating to S7836 CONGRESSIONAL RECORD — SENATE July 12, 1996 the resolution be printed in the DEVELOPMENTAL DISABILITIES utive Calendar: No. 590, the nomination RECORD. ASSISTANCE AND BILL OF of W. Craig Broadwater, of West Vir- The PRESIDING OFFICER. Without RIGHTS ACT AMENDMENTS ginia, to be U.S. district judge for the objection, it is so ordered. Mr. GORTON. I ask unanimous con- Northern District of West Virginia; No. The resolution was agreed to. sent that the Labor Committee be dis- 681, Andrew Effron, to be a judge of the The preamble was agreed to. charged from further consideration of U.S. Court of Appeals for the Armed The resolution (S. Res. 278) and its S. 1757 and that the Senate proceed to Forces. preamble are as follows: its immediate consideration. I further ask unanimous consent that S. RES. 278 The PRESIDING OFFICER. Without the nominations be confirmed, the mo- Whereas, in the case of State of Florida v. objection, it is so ordered. The clerk tions to reconsider be laid upon the Kathleen Bush, Case No. 96–6912 CF10(A), table, the President be immediately pending in the Circuit Court for Broward will report. The bill clerk read as follows: notified of the Senate’s action, and the County, Florida, testimony and document Senate then return to legislative ses- production has been requested from Mary A bill (S. 1757) to amend the Developmen- Chiles, an employee on the staff of Senator tal Disabilities Assistance and Bill of Rights sion. Bob Graham; Act to extend the act, and for other pur- The PRESIDING OFFICER. Without Whereas, pursuant to sections 703(a) and poses. objection, it is so ordered. 704(a)(2) of the Ethics in Government Act of The PRESIDING OFFICER. Is there The nominations considered and con- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the objection to the immediate consider- firmed are as follows: Senate may direct its counsel to represent ation of the bill? W. Craig Broadwater, of West Virginia, to employees of the Senate with respect to any be United States District Judge for the subpoena, order, or request for testimony or There being no objection, the Senate proceeded to consider the bill. Northern District of West Virginia. documents relating to their official respon- Andrew S. Effron, of Virginia, to be a sibilities; Mr. GORTON. I ask unanimous con- Judge of the United States Court of Appeals Whereas, by the privileges of the Senate of sent that the bill be deemed read a for the Armed Forces for the term of fifteen the United States and Rule XI of the Stand- third time and passed, the motion to years to expire on the date prescribed by ing Rules of the Senate, no evidence under reconsider be laid upon the table, and law. the control or in the possession of the Senate that any statements relating to the may, by the judicial process, be taken from STATEMENT ON NOMINATION OF CRAIG such control or possession but by permission bill be printed in the RECORD. BROADWATER of the Senate; The PRESIDING OFFICER. Without Mr. BYRD. Mr. President, during my Whereas, when it appears that evidence objection, it is so ordered. years as a United States Senator, I under the control or in the possession of the The bill (S. 1757) was deemed to have have had the opportunity to speak in Senate may promote the administration of been read three times and passed, as support of the confirmation of many justice, the Senate will take such action as follows: outstanding West Virginians who have will promote the ends of justice consistently S. 1757 with the privileges of the Senate: Now, sought to serve on our Federal judici- therefore, be it Be it enacted by the Senate and House of Rep- ary. On this occasion, I am pleased to Resolved, That Mary Chiles, and any other resentatives of the United States of America in urge my colleagues to swiftly confirm employee from whom testimony may be re- Congress assembled, W. Craig Broadwater to serve as a Fed- quired, are authorized to testify and to SECTION 1. SHORT TITLE. eral District Judge for the Northern produce documents in the case of State of This Act may be cited as the ‘‘Developmen- District of West Virginia. Florida v. Kathleen Bush, except concerning tal Disabilities Assistance and Bill of Rights Since 1983, Craig Broadwater has matters for which a privilege should be as- Act Amendments of 1996’’. serted. served on the First Judicial Circuit of SEC. 2. REAUTHORIZATION OF ALLOTMENTS FOR West Virginia, most recently as Chief SEC. 2. That the Senate Legal Counsel is STATES. authorized to represent Mary Chiles, and any Section 130 of the Developmental Disabil- Judge. His path to the state judiciary other employee from whom testimony or ities Assistance and Bill of Rights Act (42 included experience with a general law document production may be required, in U.S.C. 6030) is amended by striking ‘‘the fis- practice, service as a special prosecut- connection with State of Florida v. Kathleen cal years 1995 and 1996’’ and inserting ‘‘the ing attorney, and a stint as a hearing Bush. fiscal years 1995 through 1999’’. examiner for state government. f SEC. 3. REAUTHORIZATION OF AUTHORITIES RE- Craig Broadwater has also dem- PUBLIC HEALTH SERVICE ACT LATING TO PROTECTION AND ADVO- onstrated a special concern for children CACY OF INDIVIDUAL RIGHTS. and families in distress. He chaired the AMENDMENTS Section 143 of the Developmental Disabil- Committee formed to develop child Mr. GORTON. Mr. President, I ask ities Assistance and Bill of Rights Act (42 abuse and neglect rules for the West unanimous consent that the Senate U.S.C. 6043) is amended by striking ‘‘the fis- Virginia Supreme Court of Appeals, as now proceed to the consideration of cal years 1995 and 1996’’ and inserting ‘‘the fiscal years 1995 through 1999’’. well as guidelines for family law mas- H.R. 248 received from the House. ters in West Virginia. He has written The PRESIDING OFFICER. The SEC. 4. REAUTHORIZATION OF AUTHORITIES RE- LATING TO UNIVERSITY AFFILIATED articles and taught on the subject of clerk will report. PROGRAM. The bill clerk read as follows: domestic violence and prevention, and Section 156(a) of the Development Disabil- he is widely regarded and respected for A bill (H.R. 248) to amend the Public ities Assistance and Bill of Rights Act (42 Health Service Act to provide for the con- U.S.C. 6066(a)) is amended by striking ‘‘the the expertise and sensitivity he has duct, expanded studies and the establish- fiscal years 1995 and 1996’’ and inserting ‘‘the demonstrated in this particularly ment of innovative programs with respect to fiscal years 1995 through 1999’’. poignant area of the law. traumatic brain injury, and for other pur- SEC. 5. REAUTHORIZATION OF AUTHORITIES RE- After graduating Phi Beta Kappa poses. LATING TO PROJECTS OF NATIONAL from West Virginia University in 1972, The PRESIDING OFFICER. Is there SIGNIFICANCE. Craig Broadwater entered the United objection to the immediate consider- Section 163(a) of the Developmental Dis- States Army and even today continues abilities Assistance and Bill of Rights Act (42 to serve his country as a Lieutenant ation of the bill? U.S.C. 6083(a)) is amended by striking ‘‘the There being no objection, the Senate fiscal years 1995 and 1996’’ and inserting ‘‘the Colonel in the West Virginia Army Na- proceeded to consider the bill. fiscal years 1995 through 1999’’. tional Guard. Mr. GORTON. I ask unanimous con- f Mr. President, I am proud to lend my sent that the bill be deemed read a support to this exceptional West Vir- third time and passed, the motion to EXECUTIVE SESSION ginian. I believe Craig Broadwater’s ex- reconsider be laid upon the table, and perience, keen legal mind, and personal that any statements relating to the integrity embody the qualities envi- EXECUTIVE CALENDAR bill be printed in the RECORD. sioned by the first Senate when the Ju- The PRESIDING OFFICER. Without Mr. GORTON. I ask unanimous con- diciary Act created the third branch of objection, it is so ordered. sent that the Senate immediately pro- Government. I am confident these tal- The bill (H.R. 248) was deemed to ceed to executive session to consider ents will serve him well on the Federal have been read three times and passed. the following nominations on the Exec- bench. July 12, 1996 CONGRESSIONAL RECORD — SENATE S7837 Mr. ROCKEFELLER. Mr. President, I longtime member of the executive will shortly adjourn over until 9 a.m. am proud to recommend a very distin- board of the Boy Scouts of America. on Tuesday, July 16. There will be no guished West Virginian be confirmed I am also fortunate to know Craig’s session of the Senate on Monday. When today to the post of Federal district family—his wife, Chong, two beautiful the Senate reconvenes on Tuesday, in judge for northern West Virginia. I’m daughters, Chandra and Taeja, and son, accordance with the provisions of rule honored to have joined with my senior Shane. They, too, are testament to his XXII, a live quorum will begin at 10, colleague, Senator BYRD, in rec- deep commitment and values. and upon the establishment of the ommending that the President present Everywhere you turn in our State’s quorum, a cloture vote will occur on this nomination. northern panhandle, you see the im- the motion to proceed to S. 1936, the Senator BYRD and I have rec- print of Judge Broadwater’s intellect Nuclear Waste Policy Act. All Mem- ommended Judge Craig Broadwater to and commitment. He knows the impor- bers can therefore expect a rollcall this important post because he rep- tance of family. A close examination of vote to begin shortly after 10 a.m. on resents the very best of our State. He his record as a judge will reveal a very Tuesday in accordance with Senate is the perfect blend of talent, energy, tough, yet fair man, whose life experi- rules. If cloture is invoked, I hope the strength, and commitment to his fel- ence have prepared him to sit on the Senate would be allowed to proceed to low human beings—and, Mr. President, Federal bench as a judge before his fel- S. 1936 in a timely manner. If cloture is his life and his career are evidence of low citizens. not invoked on that important meas- this fact. Mr. President, Senator J. William ure, there will be an immediate cloture I had the privilege of appointing Fulbright said in 1961: vote on the Department of Defense ap- Judge Broadwater to the West Virginia It is not our affluence, or our plumbing, or propriations bill. First Judicial Circuit in 1993, when I our clogged freeways that grip the imagina- I announce to all of my colleagues was Governor. He was thereafter elect- tion of others. Rather, it is the values upon that I hope next week we will receive ed to the post in 1984. Since then, he which our system is built. These values the cooperation of all Members in al- was rated by the West Virginia State imply our adherence not only to liberty and lowing the Senate to move forward Bar as the No. 1 judge in the circuit, individual freedom, but also to international with both of these issues. became chairman of the West Virginia peace, law and order and constructive social purpose. When we depart from these values, f Judicial Investigation Commission, we do so at our own peril. and then chief judge for the first cir- Every American, and certainly every ADJOURNMENT UNTIL 9 A.M., cuit in 1987, 1988, and 1995. To fully ap- TUESDAY, JULY 16, 1996 preciate this remarkable man, you West Virginia, should be comfortable need to understand that Judge knowing that Craig Broadwater and Mr. GORTON. If there is no further Broadwater is only 45 years old, and he the values upon which his life has been business to come before the Senate, I has already had a outstanding judicial built will be a part of our judicial sys- now ask unanimous consent the Senate career. tem. As his U.S. Senator and his friend, stand in adjournment under the pre- Craig’s career is rooted in a lifetime I’m proud to recommend his confirma- vious order. of incredible service to this country tion. There being no objection, the Senate, and his community. Craig was born and f at 12:48 p.m., adjourned until Tuesday, July 16, 1996, at 9 a.m. raised in Paden City, WV, along the LEGISLATIVE SESSION Ohio River. He graduated magna cum f laude, Phi Beta Kappa, and was a Dis- The PRESIDING OFFICER. Under tinguished Military Graduate, Army the previous order, the Senate will re- NOMINATIONS turn to legislative session. ROTC, from West Virginia University Executive nominations received by in 1972. He received his law degree from f the Senate July 12, 1996: West Virginia University in 1977. AUTHORITY FOR RECORD TO NUCLEAR REGULATORY COMMISSION He served in the U.S. Army as a sec- REMAIN OPEN EDWARD MCGAFFIGAN, JR., OF VIRGINIA, TO BE A ond lieutenant, from 1972 to 1974, and is MEMBER OF THE NUCLEAR REGULATORY COMMISSION still an active reservist in the West Mr. GORTON. I ask unanimous con- FOR THE TERM OF 5 YEARS EXPIRING JUNE 30, 2000, VICE sent that notwithstanding the adjourn- E. GAIL DE PLANQUE. Virginia Army National Guard. He has NILS J. DIAZ, OF FLORIDA, TO BE A MEMBER OF THE been awarded a Special Forces tab, ment of the Senate today, Senators NUCLEAR REGULATORY COMMISSION FOR THE TERM OF have until the hour of 1 p.m. in order 5 YEARS EXPIRING JUNE 30, 2001, VICE IVAN SELIN, RE- master parachutist badge, Meritorious SIGNED. Service Medal, Army Commendation to file first-degree amendments to the Medal, Armed Forces Expeditionary defense appropriations bill. I further f ask that the RECORD remain open until Medal for Korea in 1973 and 1974, the CONFIRMATIONS Humanitarian Service Medal, and the 1 p.m. to allow Senators to submit West Virginia Emergency Service statements. Executive nominations confirmed by Medal. The PRESIDING OFFICER. Without the Senate July 12, 1996: Yet, I also know that Judge objection, it is so ordered. THE JUDICIARY Brodwater may be most proud of his f ANDREW S. EFFRON, OF VIRGINIA, TO BE A JUDGE OF outstanding record on behalf of West THE UNITED STATES COURT OF APPEALS FOR THE PROGRAM ARMED FORCES FOR THE TERM OF 15 YEARS TO EXPIRE Virginia’s children. He has been a great ON THE DATE PRESCRIBED BY LAW. leader in our State in the area of child Mr. GORTON. Mr. President, for the W. CRAIG BROADWATER, OF WEST VIRGINIA, TO BE U.S. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF WEST abuse and neglect laws and has been a information of all Senators, the Senate VIRGINIA. July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1265 EXTENSIONS OF REMARKS

THE PRECISION AGRICULTURE RE- field histories that may also help increase land Members of the Committee on Agriculture SEARCH, EDUCATION, AND IN- values. Collectively, these and other emerging have a very important question to consider in FORMATION DISSEMINATION ACT technologies are being used in a holistic, site- the near future: Is this country's traditional ag- OF 1996 specific systems approach called precision ag- ricultural research system prepared for the riculture. Progressive-minded farmers are al- challenges the next century will bring? Let's HON. RON LEWIS ready using these technologies. In a decade be honestÐwith budget constraints, overlap- OF KENTUCKY they may be as common on the farm as air- ping authorities and competition between IN THE HOUSE OF REPRESENTATIVES conditioned tractor cabs and cellular phones. ARS, extension and competitive grant recipi- Of course, this is not the first technological ents, we must very carefully address that Thursday, July 11, 1996 advancement to revolutionize American agri- question. Mr. LEWIS of Kentucky. Mr. Speaker, I rise culture. Farming has evolved from horsepower I look forward to this legislation becoming today to introduce legislation, with my good to mechanized power, from chemical tools in part of the reforms and reauthorization of the friend and colleague from Idaho [Mr. CRAPO] the 1950's to these new electronic tools in the research title of the farm bill. I'm a strong sup- and other members of the House Agriculture 1990's. American farmers in the next century porter of our research and extension pro- Committee, a bill entitled ``The Precision Agri- will need these new technologies and all the grams, and believe they must remain an im- culture Research, Education, and Information other available tools at their disposal to com- portant source of information for farmers and Dissemination Act of 1996.'' pete in tomorrow's global marketplace. Amer- ranchers. Our precision agriculture research Mr. Speaker, there is a revolution happening ican farmers will, without hesitation, step up to bill will help the research and extension com- in farm country which many Members of Con- the challenge to feed and serve the growing munities take American food and fiber produc- gress may not be aware of. This technological number of consumers whose very lives de- ers into the next century. revolution taking place on farms across the pend on our Nation's tremendous agricultural WORLD HUNGER AND ENVIRONMENTS Nation is already improving the environment, machine. Modern agriculture has demonstrated its and changing the way our farmers and ranch- PRECISION AGRICULTURE RESEARCH BILL unique value as mankind's most powerful ers produce food and fiber. I'm speaking of This legislation my colleagues and I are in- weapon against human hunger. Since 1950, precision agriculture. troducing today is critical to production agri- modern agriculture has helped triple the output Today is an exciting time to be in production culture, to feed the world's growing population of the world's best croplands, sharply reduce agriculture. This bill will compliment our re- and to protect local and global environments. soil erosion per ton of food, forestall severe cently passed farm bill and the new direction This legislation will renew our commitment shortages of agricultural water, and preserve our Nations agricultural policy is taking. Farm- to further increase the amount of food and millions of square miles of wildlife habitat that ers will be able to profit from expanding world fiber which can safely be produced per acre of would otherwise have been converted to food markets and our country will reap the rewards farmlandÐnot as an end in itself, but as a way production. So modern agriculture has played of this increased trade. Mr. Speaker, my farm- of minimizing the economic and environmental and will continue to play an important role in ers are excited about what the 21st century costs of meeting global food and fiber needs. environmental preservation. holds for them. But it's vital that we help pro- This legislation emphasizes research and The world has virtually no other strategy as vide for research in areas like precision agri- education efforts that promote the adoption of cost effective as modern agriculture for pro- culture so that our farmers will continue to be precision agriculture technologies, systems tecting human lives from famine, and wild- the world's most efficient producers of food and electronic tools. These tools will enhance lands from the expansion of low-yield, environ- and fiber. human health and environmental protection, mentally hazardous farming systems. In short, WHAT IS PRECISION AGRICULTURE? and are designed to increase long term, site politically correct agriculture will not feed the Emerging technologies in production agri- specific and whole farm production efficiency, vast majority of the world's population. Or- culture are changing and improving the way productivity and profitability. ganic farming and 1950's style so-called low farmers product food and fiber in this country. This legislation was crafted in consultation input agriculture, will not feed the next cen- New technologies such as global positioning with a broad array of interested parties that tury's growing population. satellites, digital field mapping, georeference support the legislation and the philosophy be- The overwhelming majority of American and information systems, grid soil sampling, vari- hind it. These groups include the Fertilizer In- world consumers are fed by conventional able rate seeding and input applications, port- stitute, Lockheed Martin, Experiment Station farmers and livestock producers. These farm- able electronic pest scouting, on-the-go yield and Extension Service Directors, the National ers employ the latest technologies to improve monitoring, and computerized field history and Center for Resources Innovations, and the production efficiencies. At the same time, they recordkeeping are just a few of the next gen- Open Geographic Information Systems Con- strive for maximum crop yields and livestock eration of tools that make up precision agri- sortium. production in the daily struggle to produce culture. But this legislation is written with the pro- more food for more people with fewer natural These technologies allow farmers to ad- ducer in mind. One of the biggest problems and financial resources. Increased production dress hundreds of variables in the fieldÐlike with any new technology is the education and new products must be the hallmarks soil PH, nutrient levels, and crop yieldsÐon a process, and gathering the information to im- words of American agriculture in the 21st cen- 3- to 5-meter grid that used to cost far too plement the technology on their farms. One of tury. much to calculate for each field. Today, these my goals with this legislation is to assure that We don't have to look far to understand that technologies can map these variables and producers of all sizes are able to take advan- new technologies and advances in production data instantly as an applicator or combine tage of precision agriculture technologies. agriculture will play a critical role in the next drives across the field. In short, each farm USDA RESEARCH REFORM centuryÐand that production agricultural re- field using precision technology becomes a re- The agriculture research process has con- search will have to keep pace. The increasing search plot. And in the down-months or winter tinued to reward investments in science and human population throughout the world, as season, a farmer can use the data from the technology. Recent research breakthroughs in- well as the rising wealth and improving diets previous growing season and adjust dozens of clude conservation tillage, hybrid rice, twinning of persons in developing countries, are driving important agronomic variables to maximize the in cattle, pest-resistant soybeans, precision a major surge in world food requirements. efficient use of time, fuel, commercial inputs, farming, and biotechnology. These findings The United Nations estimates the world's water, seed rate, irrigationÐthe list goes on. are providing new ways to increase agricul- population could climb from 5.6 billion people These precision farming tools are helping tural production efficiency, productivity and last year to more than 9.8 billion people by the farmers increase field productivity, improve profitability, control pests, increase our agricul- year 2050. The planet's population is pro- input efficiency, protect the environment, maxi- tural exports, and feed the world's growing jected to grow by about 85 million people a mize profitability, and create computerized population. year for two or three decades. Ninety percent

∑ 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. E1266 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 of that will occur in the Third world, doubling ANOTHER MILESTONE FOR Award at the All Saints Episcopal Church in demand for food there by the 2025. OZALEE PAYNE AND ROSALEE Western Springs, IL on Sunday, June 23, GEE High-yield agriculture has already proven to 1996 in the presence of his fellow troop mem- ber, his parents, family and friends. be an environmental success by increasing The Eagle Scout Award stands for honor food production from the safest, most produc- HON. DONALD M. PAYNE which is the foundation of all character. It tive, most environmentally sound crop lands. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES stands for loyalty and without loyalty, all char- The first and foremost issue of long-term agri- Thursday, July 11, 1996 acter lacks direction. Finally, the award dis- cultural stainability is preventing the plow- plays courage, which gives character force down of the world's remaining wildlands for Mr. PAYNE of New Jersey. Mr. Speaker, 5 and strength. low-yield production. High-yield modern con- years ago I was proud to bring to the attention Mr. Speaker, I congratulate John and his ventional agriculture is the most critical factor of my colleagues, the birthday of my aunts parents for the many years of participation in in preserving millions of square miles of Ozalee Payne and Rosalee Gee. On Monday, the Scouting program. The Boy Scouts of wildlands from the plow. In contrast, low-yield July 15, 1996, they will celebrate their 80th America has proven to develop a solid founda- organic farming on a global scale could cost birthday. tion for many of our youths, all over this fine The bond that keeps sisters close is a spe- between 20 and 30 million square miles of country of the United States. cial one. When the twins were born 8 decades f wildlifeÐnot to mention millions of livesÐby ago in what is now Monticello, FL, their two the year 2040. older sisters, Laura and Sallie, took care of MIDDLETOWN FIRE POLICE OF Local environments must also be protected. them while their mother recuperated. Laura MIDDLETOWN, NEW YORK, CELE- New precision technologies will further reduce took care of Rosie, while Sallie was in charge BRATE 100TH ANNIVERSARY soil erosion and water quality impairment by of Ozie. Until my Aunt Laura was moved to a applying agricultural inputs in an efficient, pre- nursing home a few years ago, all of the sis- HON. BENJAMIN A. GILMAN ters lived in their own apartments in the same cise and site-specific manner that will help re- OF NEW YORK building in Newark, NJ. They were always duce unwanted runoff and improve surface IN THE HOUSE OF REPRESENTATIVES and ground water quality. close enough to help each other and enjoy each other's company, yet distant enough to Thursday, July 11, 1996 States like Kentucky have been working to lead their separate lives and enjoy their own address water quality and other environmental Mr. GILMAN. Mr. Speaker, it gives me interests. pleasure to recognize the Middletown Fire Po- concerns within the agricultural community. The protection and nurturing they showed lice of the city of Middletown, NY, on the occa- This legislation will help producers reach that each other extended to those of my genera- sion of its 100th anniversary. The Middletown next level of environmental protection. State tion. My mother, Norma Garrett Payne, died Fire Police was organized on May 12, 1896. In efforts like Kentucky's water quality plan, when my sister (Kathryn), my brother (Wil- their constitution, they bound themselves to along with funding and policies of the new liam), and I were small children. As you can uphold law and order and faithful performance. farm bill and precision agriculture tech- imagine, our mother's death was devastating Throughout the past 100 years, the Middle- nologies, will help provide a safe and clean to us. Our father's job prevented him from town Fire Police has dutifully detected and environment for many generations in the fu- being with us as much as he felt he needed prevented fires, assisted the fire department, ture. to be. To solve some of the problems, my aided the police department, and protected the brother and I went to live with Aunt Rosie and Mr. Speaker, it is my hope that the propos- safety of citizens. Through its service, the fire our late Uncle Richard while our sister lived als contained in this bill will be used by the police makes possible the incredible work of with Aunt Sallie and our late Uncle William. Committee on Agriculture as we reform and the Middletown Fire Department. During fire We were eventually brought togetherÐour emergencies, the members of the fire police reauthorize the research programs in the fu- grandparents, the late William and Ollie Payne ture. are vested with all the duties that the fire chief Williams, bought a three-family house and the sees fit. In addition, they are authorized to act families moved together. It was during these f as special officers of the police department times that our grandmother and aunts had the whenever the mayor determines it necessary. greatest impact on our value system. We had HONORING ABRAHAM GRABOWSKY As special officers, the fire policemen have all a Christian upbringing and were taught to take the powers and duties of police officers. In this care of and respect each other. Our late fa- capacity, they further help and protect the HON. ELIOT L. ENGEL ther, William E. Payne, was ever grateful for members of their community. their help. When my wife, Hazel, died when The Middletown Fire Police has a long his- OF NEW YORK our children were small, the cycle repeated it- tory of dedicated service to its community. By self. I had the help of my brother and sister IN THE HOUSE OF REPRESENTATIVES taking on diverse duties, it has provided the and aunts in protecting, nurturing, and teach- citizens of Middletown with greater safety. It Thursday, July 11, 1996 ing values to my son, Donald, Jr., and my has become an integral part of the Middletown daughter, Wanda. I am ever grateful to them. community by providing these services. Mr. ENGEL. Mr. Speaker, I am proud today Mr. Speaker, a loving and supportive family Mr. Speaker, 100 years after its inception, to honor a constituent who has contributed so is wonderful. This weekend our family is gath- the Fire Police still dutifully upholds law and much to the United States, to Israel, indeed to ering to celebrate the birthday of our aunts. As order and faithful performance. Along with our freedom throughout the world through his ac- we count our blessings for still having them in community, I am grateful for their service and tions. Abraham Grabowsky is celebrating his our lives, I am sure my colleagues will want to steadfast dedication to the ideals set forth in 100th birthday in New York, having come from join us as we say ``Happy Birthday Aunt Ozie its constitution a century ago. I am pleased to Poland through Texas, Michigan to Palestine, and Aunt Rosie''. take this opportunity to honor the Middletown where he served in the Allenby Brigade in f Fire Police for all that it has done for our com- World War I. He is the only survivor of that fa- TRIBUTE TO JOHN DAVID DEBOER munity, and I commend all of the members for mous unit, which was formed to liberate Pal- II their hard work and commitment. estine from the Turkish Empire. His recollec- f tion of Tel Aviv in that time was of a village of HON. WILLIAM O. LIPINSKI PERSONAL EXPLANATION ``two or three buildings'' surrounded by desert. OF ILLINOIS On his return from Palestine, he worked IN THE HOUSE OF REPRESENTATIVES HON. PETER BLUTE throughout the western United States before Thursday, July 11, 1996 OF MASSACHUSETTS he ``decided I missed New York.'' He settled in Mr. LIPINSKI. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES the city, married and raised a family. He pay tribute to an outstanding scout, John Thursday, July 11, 1996 fought for Israel 30 years before it existed. I David DeBoer II in achieving the rank of Eagle am proud to honor him and to have him as a Scout. Mr. BLUTE. Mr. Speaker, on rollcall 301 I neighbor and to wish him the very best on his The Boy Scouts of America, Troop 3 pre- inadvertently voted ``yea.'' I intended to vote 100th birthday. sented John DeBoer with the Eagle Scout ``nay.'' July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1267 PERSONAL EXPLANATION the New Jersey Pre-College Program for High The members of the Veterans of Foreign School Students and the Minority Opportunity Wars embody the highest ideals held to man, HON. JON D. FOX Skills Training [MOST] Program. He was also courage, constancy, and service. The Cross of OF PENNSYLVANIA responsible for the legislation which perma- Malta, the official emblem of the VFW, was selected as their emblem because it was the IN THE HOUSE OF REPRESENTATIVES nently established the State's Martin Luther King, Jr., Commemorative Commission. emblem of men who fought to free the op- Thursday, July 11, 1996 Prior to his service in the general assembly, pressed. Additionally, these men have made a Mr. FOX of Pennsylvania. Mr. Speaker, on Mr. Watson served ten years on the Mercer committment to administer to the sick and rollcall No. 301, I inadvertently voted ``aye'' County Board of Chosen Freeholders. I had needy. For the men of the VFW, the Cross of and intended to vote ``no.'' the privilege of meeting him when I served on Malta continues to symbolize the pledge of the f the Essex County Board of Chosen original crusaders who pledged to defend Freeholders from 1972 to 1978. Mr. Watson human rights in time of peace and war. The 25TH ANNIVERSARY OF THE was first appointed to the Board in 1970, VFW continues to honor the pledge of the HANDICAPPED ADULTS ASSOCIA- where he became the first African-American to original crusaders in all that they accomplish. TION OF CO-OP CITY be elected freeholder in the history of Mercer Today, the VFW fulfills their vows of honor by County. He went on to become the first Afri- giving aid to worthy comrades, offering a help- HON. ELIOT L. ENGEL can-American to serve as president of any ing hand to widows and orphans and defends OF NEW YORK Freeholder Board in the State of New Jersey. the right to life, liberty, and happiness. The ad- IN THE HOUSE OF REPRESENTATIVES He became an active member and leader of mirable qualities that the VFW members em- the New Jersey Association of Counties and body are truly worthy of recognition. Thursday, July 11, 1996 the National Association of Counties. I would like to pay special tribute to the offi- Mr. ENGEL. Mr. Speaker, handicapped peo- In 1992, Mr. Watson used his knowledge of cers for 1995±96, Gerald E. Brown, post com- ple are a significant part of our population and the State, its leaders and his coalition-building mander; Jack Westberg, past commander; a group which deserves our support as they skills to create the New Jersey African-Amer- Robert E. Elli, Sr. vice commander; Leon H. strive for independence. The Handicapped ican Political Alliance. I am honored to serve Tursky Jr. vice commander; Ted Karamanski, Adults Association of Co-op City in the Bronx as chairman of the alliance which is a state- adjutant; Art Mitchell, quartermaster; Ernest is an organization of individuals which has wide coalition of political and other leaders Graul, chaplain; Peter Pragit, officer of the done much to achieve that independence. that works to influence decisions that affect day; John A. Barun, service officer; and the HAA was organized in 1971 by individuals our communities and secure equity in the po- trustees, Michael J. McMahon, Arthur Koren, who saw the need to unite the fragmented, litical arena. Mr. Watson served the organiza- and Walter Fieroh. Additionally I would like to disabled adult population. They sought to tion with distinction as a vice chairman and pay tribute to the speakers of this event, Norm make the changes necessary to improve life was an integral part of many of our suc- Busch, Congressman HARRIS FAWELL, Patrick for the disabled everywhere. These valiant cesses. O'Malley, Jack O'Connor, and the Honorable people worked for adequate public transpor- He not only served the people of New Jer- Donald H. Jeanes, the Mayor of the Village of tation, housing, and employment. Their work sey through his legislative work but he was Palos Park. Mr. Speaker, I commend the Veterans of has borne fruit in the Urban Mass Transit Act, active in many civic organizations including Foreign Wars of the United States, Palos Park mandating accessible public transportation, the Trenton Branch NAACP, Junior Achieve- Memorial Post 4861 on their Remembrance and the Americans with Disabilities Act. I want ment, New Jersey Juvenile Delinquency Com- to join all of my neighbors in Co-op City in Day ceremony and wish them continued suc- mission, Trenton State College Equal Oppor- cess in all their endeavors. congratulating HAA on its 25th anniversary tunity Fund [EOF] Community Advisory Board, f and for its many accomplishments. and the Delaware-Raritan Canal Commission. f Mr. Watson's work and accomplishments PERSONAL EXPLANATION have not gone unnoticed. He holds an honor- TRIBUTE TO THE HONORABLE ary doctorate of laws degree from Richard JOHN S. WATSON, SR. HON. JAMES L. OBERSTAR Stockton State College, Pomona, NJ. The Edi- OF MINNESOTA son State College Institute for Public Policy in IN THE HOUSE OF REPRESENTATIVES HON. DONALD M. PAYNE Trenton, NJ, was renamed the John S. Wat- Thursday, July 11, 1996 OF NEW JERSEY son, Sr., Institute for Public Policy. The newly IN THE HOUSE OF REPRESENTATIVES constructed community center of the Patton J. Mr. OBERSTAR. Mr. Speaker, earlier today during the consideration of H.R. 3755, the Thursday, July 11, 1996 Hill School in Trenton, NJ, was named in honor of Mr. Watson. Labor/HHS/Education appropriations bill for Mr. PAYNE of New Jersey. Mr. Speaker, on Mr. Speaker, I am sure my colleagues will fiscal year 1997, I missed two votes on June 29 while we were back in our districts for want to join me as I pay tribute to a man of amendments to this legislation. At the time the Independence Day District Work Period, conviction, commitment and achievement, and those votes were ordered, I was giving impor- the State of New Jersey lost one of its cham- offer my condolences to his four children, tant testimony to the Senate Subcommittee on pions, the Honorable John S. Watson, Sr. A eight grandchildren, and two great-grand- Forests and Public Land Management con- man of many firsts, he chose to use his expe- children. cerning legislation regarding the Boundary riences, talents, and resources to serve the f Waters Canoe Area Wilderness. public. Had I been present, I would have voted Mr. Watson served six terms in the New TRIBUTE TO VETERANS OF FOR- ``aye'' on the Pelosi amendment, rollcall vote Jersey General Assembly beginning in 1981. EIGN WARS, PALOS PARK MEMO- No. 301; and I would have voted ``no'' on the He served on the assembly housing and RIAL POST 4861 Lowey amendment, rollcall vote No. 302. urban policy committee and the assembly ap- f propriations committee. His diligent work on HON. WILLIAM O. LIPINSKI RECOGNIZING BRIG. GEN. PAUL D. the appropriations committee resulted in Mr. OF ILLINOIS MONROE, JR. FOR OUTSTANDING Watson being named assembly minority budg- IN THE HOUSE OF REPRESENTATIVES ACHIEVEMENTS et officer. In 1992, he was appointed chair- person of the assembly appropriations com- Thursday, July 11, 1996 mittee, making him the first African-American Mr. LIPINSKI. Mr. Speaker, I rise today to HON. ZOE LOFGREN legislator to hold such a position. honor the VFW Palos Park Memorial Post OF CALIFORNIA His tenure in the assembly afforded him the 4861 on the occasion of their Remembrance IN THE HOUSE OF REPRESENTATIVES opportunity to author numerous appropriations Day. I was able to attend this moving cere- Thursday, July 11, 1996 committee resolutions funding programs in mony which was filled with tributes of those Ms. LOFGREN. Mr. Speaker, I rise today to housing, arts, health, education and human who have bravely fought the overseas battles recognize the outstanding achievement of services. He sponsored legislation establishing of this country and pledged themselves to de- Brig. Gen. Paul D. Monroe, Jr. of the Califor- a set-aside program for the acquisition of Afri- fend human rights in time of peace and war. nia National Guard. General Monroe is the as- can-American artÐthe first in the Nation's his- It was an honor for me to speak in front of sistant adjutant general of the California Na- tory. He also sponsored legislation creating these great crusaders. tional Guard's Plans and Mobilization Office E1268 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 and has demonstrated excellence in both his ported. Information is power and our ranchers Neighborhood Corporation which organized military and community work. should have access to the same price infor- afterschool programs for area children. This is General Monroe began his military career in mation as the giant packers. This bill would only one example of the way Fred has en- 1957 upon enlistment into the U.S. Army. He give the Secretary of Agriculture explicit au- gaged himself in the process of improving the was released from active duty in August 1960 thority to require price reporting on all cattle quality of life for New Haven and Newhallville and enlisted in the California Army National transactions. residents. He has always focused on how re- Guard in 1961. While serving in the National Another provision of this bill would require development and city improvement projects Guard, General Monroe has held the posts of the Secretary of Agriculture to develop a label- would work for the residents. second lieutenant, signal company com- ing program to let consumers know the origin I am very pleased to join Fred's friends, mander, signal platoon leader, signal battalion of the beef they purchase at the meat counter. former colleagues, and family as they honor staff officer, and assistant operations officer. This bill would require beef of American origin his lifetime of service to the city and people of He has also held battalion staff assignments in to be labeled as such. Consumers can go to New Haven. the brigades support battalion. He was ap- the store and know where their shoes, shirts, pointed to his current assignment as the as- and toys come from but not their beef. Amer- f sistant adjutant general for plans and mobiliza- ican consumers want to help their rancher tion in 1994 and was promoted to his current neighbors but right now consumers have no TRIBUTE TO BRIG. GEN. PAUL D. rank as Brigadier general in 1995. idea if their meat comes from Dickinson, Can- MONROE, JR. General Monroe's military service has ada or Mexico. earned him numerous distinctions. Among his This bill also directs the Secretary to make decorations and awards are the Army Meritori- funds available from the fund for rural America HON. RONALD V. DELLUMS ous Service Medal with two oak leaf clusters, to new value-added cooperatives designed to OF CALIFORNIA Army Good Conduct Medal, National Defense help producers access new markets. These Service Medal, Army Reserve Component cooperatives are examples of a new pioneer IN THE HOUSE OF REPRESENTATIVES Achievement Medal, Armed Forces Reserve spirit taking root across the Nation to produce Thursday, July 11, 1996 Medal; California State Medal of Merit, and the high-quality beef products and carve out high- California Service Medal. value niche markets. This bill would give them Mr. DELLUMS. Mr. Speaker, I rise today to In addition to being a highly decorated mili- a financial boost to make these ventures a re- recognize Brig. Gen. Paul D. Monroe, Jr., on tary officer, General Monroe has also been an ality. the occasion of his retirement from the Califor- active and valued member of his community. The most important aspect of this bill is that nia National Guard following 38 years of dis- He has chaired the bay area chapter of the it represents a bipartisan effort to help out the tinguished patriotic service. March of Dimes and has also volunteered his Nations struggling livestock producers. The bill General Monroe's military career began in time with the Easter Seal Foundation, Boy enjoys support from across the political spec- 1957, when he enlisted in the U.S. Army. He Scouts of America, National Guard Associa- trum. This is the right thing to do and the time was released from active duty in August 1960, tion of the United States, U.S. Army War Col- to do it is now before one more rancher is and enlisted in the California Army National lege Alumni Association, American Business forced to liquidate his or her herd. I urge my Guard in January 1961. He was accepted to Association, and the Association of Public Ad- colleagues to support passage of this vital the Infantry Officer Candidate School in Feb- ministrators. piece of legislation. ruary 1962, and was commissioned a 2d lieu- General Monroe has done an outstanding f tenant on May 1, 1962. job of serving our country and local commu- 1 nity. His efforts are praiseworthy and he FRED WILSON IS HONORED In the 3 ¤2 decades since, General Monroe should be commended for all his community served the California National Guard in a vari- and military achievements. HON. ROSA L. DeLAURO ety of roles. His rise through the ranks of the California National Guard included several f OF CONNECTICUT staff assignments with the office of the adju- IN THE HOUSE OF REPRESENTATIVES THE CATTLE INDUSTRY tant general. He was appointed to his current IMPROVEMENT ACT OF 1996 Thursday, July 11, 1996 assignment as the assistant adjutant general Ms. DELAURO. Mr. Speaker, on July 16, for plans and mobilization in 1994, and was HON. EARL POMEROY 1996, Fred Wilson, Jr., a former civil rights ad- promoted to his current rank of brigadier gen- OF NORTH DAKOTA vocate and alderman for the city of New eral on July 28, 1995. IN THE HOUSE OF REPRESENTATIVES Haven, will be honored with a testimonial din- General Monroe has been liberally deco- ner. It is my great pleasure to rise today to sa- rated for his military service. He has been Thursday, July 11, 1996 lute Fred Wilson, Jr. awarded the Army Meritorious Service Medal Mr. POMEROY. Mr. Speaker, I rise today to Fred moved to New Haven from Greenville, with two oak leaf clusters, the Army Com- join my colleagues in introducing a vital piece NC, in 1950. Upon his arrival, he became in- mendation Medal with oak leaf cluster, the of legislation designed to restore competition volved in the local civil rights movement, lead- Army Good Conduct Medal, the Armed Forces and fairness to our Nation's livestock produc- ing marches, and fighting to improve the qual- Reserve Medal, the California State Medal of ers. The Cattle Industry Improvement Act of ity of life of New Haven African-Americans. Merit, and the California Service Medal. 1996 represents the results of suggestions This concern for the African-American commu- General Monroe has been equally active from farmers and ranchers from across the nity in New Haven led to his involvement in within the community. This includes work with country and especially North Dakota. This bill local politics. the Bay Area Chapter of the March of Dimes, consolidates the efforts that have been under- His political career began in 1969 when he the Easter Seal Foundation, the Boy Scouts of way to address the livestock market conditions was elected to the New Haven Board of Alder- America, the U.S. Army War College Alumni that have cattle producers receiving the lowest men representing Newhallville's 20th ward. He Association, and the University of San Fran- price for their livestock since the Great De- served for three 2-year terms, in many legisla- cisco Alumni Association. pression. In North Dakota, farm income levels tive leadership committee positions and was have dropped over 20 percent over the past the board of aldermen's first president pro General Monroe has served the California year, mostly due to drops in livestock prices. tempore. He was later elected to serve as a National Guard with great distinction and has Congress must act now to preserve a way of representative of the State democratic party to earned our respect and gratitude for his many life that has been a backbone of this Nation the State Central Committee where he served contributions to our Nation's defense. I join since its beginning. for 8 years. Finally, he served on the New with his colleagues in bidding General Monroe First and foremost, this bill seeks to lift the Haven Democratic Town Committee as co- a fond farewell and wish him the very best as cloak of darkness that surrounds so much of chairman of the 19th ward for 6 years. He was he moves into the next phase of his life's work the beef industry today by limiting noncompeti- elected vice chairman of the Democratic Com- and enjoyment. tive captive supply arrangements and mandat- mittee and served under Town Chairman Ar- A lifelong resident of Berkeley, CA, Brig. ing price reporting for cattle sold in the United thur T. Barbieri. Gen. Paul D. Monroe, Jr., provides a shining States. Supply and demand in the free market In conjunction with his political service, Fred example to the Ninth District and to the Nation cannot work if the prices for the majority of has been deeply committed to the people of of service to colleagues, to community, and to cattle slaughtered in this country are never re- New Haven. He helped create the Newhallville country. July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1269 QUINCENTENNIAL OF CORPS OF protected under the law, and not subject to ual's relation to a defined group. The image of SURVEYORS OF PUERTO RICO being fired for arbitrary reasons. Without a leg- a discrimination-free society is undermined by islative remedy such as this, Congress is a society whose laws supercede the value of HON. CARLOS A. ROMERO-BARCELO´ going to be faced with the dilemma of adding those they are intended to protect: the individ- OF PUERTO RICO special categories to those already protected ual. I urge my colleagues to cosponsor my IN THE HOUSE OF REPRESENTATIVES under title VII of the Civil Rights Act, every legislation, and build upon our past successes time it is believed that a certain class is being by creating a new model to combat discrimina- Thursday, July 11, 1996 unjustly treated. This is no laughing matter, tion in America. Mr. ROMERO-BARCELOÂ . Mr. Speaker, in Mr. Speaker, but will left-handed people be f 1996, the Institute of Surveyors from the Col- added to the list next? What about red-headed lege of Engineers and Surveyors of Puerto people? Under current law, such cases could HONORING WILLIAM GRAHAM Rico [CIAPR] and the Puerto Rican Associa- indeed be made. Let us consider the logical tion of Surveyors will celebrate the 150th anni- evolution and consequence of this approach. HON. ELIOT L. ENGEL versary of the enactment of the law which cre- Specifically, the Workplace Fairness Act OF NEW YORK ated the Corps of Puerto Rican Surveyors. On prohibits discrimination in a blanket fashion, IN THE HOUSE OF REPRESENTATIVES January 1, 1846, Mr. Rafael Aristegui, Count rather than establishing newly protected class- Thursday, July 11, 1996 of Marisol and Governor of Puerto Rico, es in addition to those which already exist. It signed this historic law which was one of the does so by establishing that employers shall Mr. ENGEL. Mr. Speaker, William Graham first laws that regulated land development in not subject any employee to different stand- has been helping others since his days in the Puerto Rico and which also established the ards or treatment in connection with employ- U.S. Army when he served as chief social professional responsibilities of surveyors in ment or employment opportunities on any work specialist in Fort Dix. After leaving the Puerto Rico. Since that time, Puerto Rican basis other than that of factors pertaining to Army he continued in social work in New York surveyors have played a significant role in the job performance. My legislation defines factors City where he is currently supervisor of intake development of the Island. pertaining to job performance, which include for non-secure detention for the Department of Mr. Speaker, as the Congressional Rep- employment history, ability and willingness to Juvenile Justice. resentative of Puerto Rico, it is my pleasure to comply with performance requirementsÐin- In his community he is president of the pay tribute to all Puerto Rican surveyors who cluding attendance and proceduresÐof the job Bronx-Westchester Livingstone College Alumni have helped define the land development of in question, educational background, drug and Association, treasurer of the trustees board the island, as well as build their profession alcohol use which may adversely affect job and member of the Board of Stewards of the into a widely recognized one with a solid rep- performance, criminal records, and conflicts of Metropolitan African Methodist Episcopal Zion utation. I extend my thanks and appreciation interest. Church, treasurer fo the Runyon Heights and congratulate those surveyors who today The Workplace Fairness Act establishes Men's Club Church and a member of the Na- continue in the tradition of their ancestors. Mr. that merit is the sole criterion for consideration tional Association for the Advancement of Col- Speaker, I know that you and all our col- in job applications or interviews, hiring deci- ored People. He has been a celebrity chef for leagues join me in wishing all surveyors in sions, advancement, compensation, job train- the YWCA for 9 concecutive years contributing Puerto Rico continued success in the years ing, or any other term, condition or privilege of greatly to the success of that program. He and ahead. employment. Additionally, those currently pro- his wife have a daughter. He has truly earned f tected under title VII of the Civil Rights Act will the title ``Man of the Year'' from the YMCA. still be able to seek redress upon enactment f INTRODUCING THE WORKPLACE of the Workplace Fairness Act, as my legisla- FAIRNESS ACT OF 1996 tion avails existing title VII remedies to any in- CONGRATULATIONS RICHARD GEE dividual discriminated against under my bill. ON INDUCTION INTO THE NEW- HON. BRIAN P. BILBRAY My legislation also exempts religious organiza- ARK ATHLETIC HALL OF FAME OF CALIFORNIA tions, prohibits the establishment of quotas on IN THE HOUSE OF REPRESENTATIVES any basis other than factors pertaining to job HON. DONALD M. PAYNE performance, and specifically does not invali- OF NEW JERSEY Thursday, July 11, 1996 date or limit the rights, remedies or proce- IN THE HOUSE OF REPRESENTATIVES Mr. BILBRAY. Mr. Speaker, the Civil Rights dures available under any other existing Fed- Thursday, July 11, 1996 Act of 1964, the Age Discrimination in Employ- eral, State, or local law to persons claiming ment Act, and the Americans with Disabilities discrimination. Mr. PAYNE of New Jersey. Mr. Speaker, it Act prohibit discrimination in employment be- Under the Workplace Fairness Act, employ- gives me great pride to inform my colleagues cause of race, color, religion, sex, national ori- ers and employees will still be allowed to enter of the induction of my cousin, Richard Gee, gin, age, and disability. I believe that we must into an alternate dispute resolution agreed into the ninth annual Newark Athletic Hall of begin to explore ways to look beyond the tra- upon before the term of employment begins, Fame. I am especially proud of Rick's swim- ditional model of combatting discrimination, just as under current law. Further, the existing ming prowess because he was taught by his which is currently accomplished by protecting Federal statute in rule 11 of the Federal Rule mother, my Aunt Rosie. Rick was great high a class or category of people. Instead, we of Civil Procedure states that if a frivolous law- school varsity basketball material, however, he must begin to pass laws which protect the in- suit is filed by the plaintiff, the employee or chose swimming as his competitive sport. dividual from discrimination. A person's sin- prospective employee, than the court may rule During Rick's high school career he was an gular worth and merit should be the yardstick that the plaintiff may pay the legal expenses of outstanding freestyle swimmer. After his grad- we measure by, rather than a person's behav- the defendantÐthe employer. Additionally, rule uation from Newark's Central High School in ior or characteristics which attach them to a 68 of the Federal Rule of Civil Procedure is 1952, Rick attended Howard University on a group. If we predicate discrimination law on enforced in civil rights cases such as those swimming scholarship. distinctions between groups or categories, we that would be brought about under the Work- He was cocaptain of the Howard University negate the original intention of protecting place Fairness Act. Rule 68 states that the fee swim team in his sophomore, junior, and sen- against discrimination itself. burden can be shifted from the employer to ior years. He won 12 Central Intercollegiate Therefore, I am introducing the Workplace the employee, if the employee files a frivolous Athletic Association [CIAA] championships. Fairness Act of 1996, which will effectively claim, or if the employer is found to not be at Rick also won the Outstanding Individual prohibit discrimination on any basis other than fault. Swimming Award in 1954, 1955, and 1956. In an employee's individual merit. Instead of con- While my legislation will clarify once and for his senior year, Rick was named the winner of tinuing a piecemeal approach to discrimination all the civil rights of all Americans, it still gives the White Blazer Award, Howard's highest ath- law by adding special categories to those now employers adequate flexibility in determining letic award. protected under title VII of the Civil Rights Act, who they wish to hire, and ensures that they After graduation from college, Rick joined my legislation ensures that the only factors provide just cause for termination that is unre- the U.S. Army where he continued his swim- which employers may consider are those per- lated to job performance. Discrimination law ming career. In 1958, he won three freestyle taining to job performance. While this may be should mirror the goal which it is intended to championships for the Army. considered a radical approach to employment embody. Our laws should reflect a standard Rick has been a member of the U.S. Master law, it is only fair that all employees are duly governed by individual merit, not by an individ- Swimming Association since 1985. He is listed E1270 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 as one of the U.S. Masters top swimmers in For my life I have decided to obtain that ‘‘But it’s too late’’, God said three individual events in 1986. He was also desire, to make that effort, so that I may Dear Lord please bless my mom and dad a member of two national relay teams and feel the satisfaction of seeing a persons eyes Who have broken hearts full of pain change from fear to happiness, to know that Please help them to be strong won individual events in 1987 and 1988. we have been freed from the chains of vio- Because they are going insane Rick's induction into the Newark Athletic lence. They lost their little child Hall of Fame places him among such greats I will first put on the helmet of knowledge From the wild life he desired as Leon Day, Larry Hazzard, Marvin Hagler, and educate my mind, so that my mind All this gang life now days Monte Irvin, Rick Cerone, Ray Dandridge, Al wouldn’t be deceived or battered by igno- Everyone’s playing with gunfire***. Attles, Allie Stolz, and Moe Berg. rance. I will then be well aware, and have Today gangs are a big part of our everyday Mr. Speaker, I am sure my colleagues will full understanding. With this tool, I will lives. When kids have problems at home, want to join me as I offer my congratulations learn positive non-violent ways of dealing they tend to turn to gangs which become and best wishes to Richard Gee. with conflicts. Then I will put on the breast their families. Some gangs, when they fight plate of courage; to do what’s right, and pro- with their rival gangs, tend to be trigger f tect my heart from fear. I will also carry the happy. Life is so precious, but they just don’t DAVID ELLIOTT, SHANNON shield of caring, this will keep me protected realize that. So many of today’s youth are in from the arrows of dispassion. Then, finally SHINKE, HAWAII YOUTH CHAL- gangs and not realizing how much trouble I would arm my self with the sword of edu- they are getting into and how much they are LENGE CORP MEMBERS HON- cation, this is what I will use to fight hurting their loved ones. They don’t take ORED against our enemy, violence, and win. death seriously until they are in that situa- With this armor we must fight for the re- tion. Then they start to think that they HON. PATSY T. MINK lease of these chains of apathy. Most impor- don’t want to die. They can go out and shoot tantly we must fight for our young genera- and stab others, but they think that they’re OF HAWAII tion, for our future. We must fight to keep too good or too fast for it to all come back IN THE HOUSE OF REPRESENTATIVES their minds and hearts lighted by knowledge, to them. Thursday, July 11, 1996 and not deceived by the darkness of igno- I think if parents were around more and rance. spent more time with their children, this Mrs. MINK of Hawaii. Mr. Speaker, I rise I would help communities come together world would be less corrupted. Most kids in today to honor two outstanding members of and learn how to raise their young by living gangs have little or no relationship with the Hawaii Youth Challenge Program, corp as good example. Learning that conflicts are their parents. From early childhood, parents members David Elliott and Shannon Shinke. In never settled, or solved, but worsened with need to raise their children in a positive en- their winning entries of the ``Do the Write violence. vironment. Some parents are hooked onto Thing'' essay contest, David and Shannon an- We as a universal family no matter what drugs and alcohol and they abuse their chil- race, creed, or experiences, need to realize dren. Their children adopt that type of life- swered the question ``What can I do about the that violence will destroy us all, and realize violence in my life?'' They addressed a com- style. Some parents can’t handle the respon- that it needs to be conquered. We need to sibilities of being a parent and they leave plex issue with eloquence and fresh insight. In fight against the false glory that TV por- their children to grow up on their own. To ``Time to Make a Change,'' David Elliott urges trays violence to be. We need to fight against stop violence, children need good role mod- action and education to combat apathy and vi- letting our children be influenced by the neg- els. olence. ``Family vs. Violence'' by Shannon ative dispassion of this society and our poor f Shinke explores the problem of youth gangs examples as leaders and followers in our and encourages strength in the family unit. I community. And most of all, let us fight DR. REED BELL AND COMMUNITY against the apathy which kills because it SERVICE NETWORKS join with the Hawaii Youth Challenge Program does not care. And lets stand up, get up, fess to commend corp members David Elliott and up, never give up, let up, or lose hope for a Shannon Shinke for their accomplishment. better tomorrow. Let us fight, fight to care, HON. JOE SCARBOROUGH Their essays are as follows: fight for what’s right, for today and the OF FLORIDA many tomorrow’s to come. TIME TO MAKE A CHANGE IN THE HOUSE OF REPRESENTATIVES (By David Elliot) FAMILY VS. VIOLENCE Friday, July 12, 1996 As I was growing up I moved around a lot. I lived in many types of neighborhoods. I was (By Shannon Shinke) Mr. SCARBOROUGH. Mr. Speaker, I rise influenced greatly by violence. I remember At home one night today to speak about a very ambitious and seeing fear in the eyes of those who had been My mother suddenly dropped by worthwhile program that has been started in abused and violated. I remember seeing my She looked at me and my father my district, and about the man who has And she started to cry own family devastated by violence. During brought it all together. My district, like many my early teens I saw the murder of my best Then she told my father friend. It was a stray bullet from a gang dis- Your son is now dead across the country has its fair share of broken pute. I sat there with my friend in my arms, All feelings of panic homes and families in need. We have learned I didn’t know what to do. One minute we Just rushed to our heads that Washington does not always have the an- were joking and laughing; the next, he was How could this happen swer to these problems. So we in northwest gone. He was just here today Florida have started something called a Com- I will never forget it. Every time I think But after he went out munity Service Network, and with it, we are about it I get disgusted. To think, that a Gangster games he went to play tackling the problems that face our area and She said he was in a lot of trouble death of an innocent person was caused by are helping those in my district who are truly anothers violence. What is violence? The He was fighting in a big gang fight American Heritage Dictionary states, ‘‘Phys- They were all out to kill in need. ical force exerted for the purpose of violat- And the quickness of a bullet got him to- Community Service Networks are an alli- ing, damaging, or abusing’’. To me violence night ance of different church, civic, and volunteer means ignorance, it means you don’t know He had to be down groups that get together to take care of the how to deal with problems. Who shall we He had to prove he was hard-core poor in their communities. The civic groups in blame it on? No one but ourselves. No one He just didn’t realize these networks go directly out into their com- else, not poverty, not our environment, not What he was living for munities as care teams, bringing aid directly to I always told him influences, not pressures are to be blamed. I the poor not only with food and medicine, but have learned throughout my life that vio- Be careful of what you do lence affects everyone and it needs to be re- If you mess with the wrong people sometimes even with just advice or by lending solved. Someday it’ll catch up to you a sympathetic ear. Unfortunately violence is growing. On TV He didn’t take me seriously This idea of a privately organized commu- it is glorified; on the streets it’s magnified. He just wanted to play nity effort to help the poor is a concept I had So what can we do? We cannot sit down and Never a thought of dying hoped to begin for some time. Fortunately, pretend it will go away or ignore it. We as a But he’s dead today northwest Florida has community leaders with community must organize together to fight I wish I could turn back time a strong sense of civic pride and a willingness for unity as the key. And we cannot ignore And put some words in his head the fact that apathy is the reason it contin- If he wasn’t in the gang to help those in need. ues to grow. If people would learn to care Right now he wouldn’t be dead One such community leader is Dr. Reed enough to make the effort, to do what’s At his funeral Bell, a pediatrician who has spent many years right, we can bring about change. That effort I prayed to God in my head in my district caring for children from poor and comes from a desire in our hearts. I wished he was still alive disadvantaged families. Dr. Bell had seen the July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1271 struggles and setbacks of poor children and now protected under Title VII of the Civil employers adequate flexibility in determining he knew firsthand how hard life can be for the Rights Act, my legislation ensures that the who they wish to hire, and ensures that they poor and underprivileged. It is an experience only factors which employers may consider provide just cause for termination that is unre- that left him deeply impressed with the urgent are those pertaining to job performance. While lated to job performance. Discrimination law need for community action to help those who this may be considered a radical approach to should mirror the goal which it is intended to cannot help themselves. employment law, it is only fair that all employ- embody. Our laws should reflect a standard When Dr. Bell approached me with his own ees are duly protected under the law, and not governed by individual merit, not by an individ- ideas for mobilizing community resources, I subject to being fired for arbitrary reasons. ual's relation to a defined group. The image of found that we shared a common belief that Without a legislative remedy such as this, a discrimination-free society is undermined by something needed to be done for the poor Congress is going to be faced with the di- a society whose laws supersede the value of right here at home. We also found that we lemma of adding special categories to those those they are intended to protect: the individ- agreed that whatever was done, it had to be already protected under Title VII of the Civil ual. I urge my colleagues to cosponsor my a private sector initiative, not just another gov- Rights Act, every time it is believed that a cer- legislation, and build upon our past successes ernment program. So Dr. Bell immediately tain class is being unjustly treated. This is no by creating a new model to combat discrimina- began to meet with those in my district who laughing matter, Mr. Speaker, but will left- tion in America. were most interested in aiding the disadvan- handed people be added to the list next? f taged. When it was all done, and after much What about red-headed people? Under current work and numerous meetings with both promi- law, such cases could indeed be made. Let us A FEW INCHES FROM THE YARD nent people, groups, and ordinary citizens, the consider the logical evolution and con- Community Service Network concept was sequences of this approach. HON. ANDREW JACOBS, JR. born. Specifically, the Workplace Fairness Act OF INDIANA Mr. Speaker, I am pleased to say that this prohibits discrimination in a blanket fashion, IN THE HOUSE OF REPRESENTATIVES approach is catching on around the Nation. rather than establishing newly protected class- The New York Times recently reported an ex- es in addition to those which already exist. It Friday, July 12, 1996 plosive growth in groups just like the CSN's. does so by establishing that employers shall Mr. JACOBS. Mr. Speaker, this Annapolis The Times article said that people are tired of not subject any employee to different stand- column, ``A Few Inches From the Yard,'' has waiting for Washington to step in and that they ards or treatment in connection with employ- been written by the great naval son of a great are digging in and doing their part; saying in ment or employment opportunities on any naval father, Jim Holds. effect, ``Forget waiting for the Federal Govern- basis other than that of factors pertaining to Both men make us proud to be Americans. ment. We can do it ourselves.'' job performance. My legislation defines ``fac- A FEW INCHES FROM THE YARD Mr. Speaker, that is what we are doing in tors pertaining to job performance,'' which in- (By Midshipman Tony Holds, USN ’97) my district. That is what Dr. Bell has done his clude employment history, ability and willing- It’s that time again. Another year has whole career and is still doing to this day. This ness to comply with performance require- come and gone, and we, the Class of 1997, is not a political revolution, it is a revolution of mentsÐincluding attendance and proce- have finally assumed the watch. My name is thought and spirit. It is a movement by Ameri- duresÐof the job in question, educational Midshipman Tony Holds and for the next cans to reclaim their country and to say, ``Yes, background, drug and alcohol use which may year I will be your connection to the Brigade we can make a difference.'' So it is today that adversely affect job performance, criminal of Midshipmen. I take this position very seri- I give my congratulations to Dr. Bell and the records, and conflicts of interest. ously, and hope that if any of you ever have any input or feedback for me, you will feel hundreds of men and women who are out The Workplace Fairness Act establishes that merit is the sole criterion for consideration free to drop me a note and let me know. there making a difference. We are all a little I guess the first order of business should be better today for what Dr. Bell has done, and in job applications or interviews, hiring deci- to tell you a little bit about myself. I grew I believe that we in this body owe them a debt sions, advancement, compensation, job train- up in a Navy family. My mother and father of thanks. ing, or any other term, condition or privilege of met when she was a PAO for a squadron at f employment. Additionally, those currently pro- Miramar and he was riding backseat in F–4’s tected under title VII of the Civil Rights Act will with VF–142 on that same base. Dad grad- INTRODUCTION OF THE WORK- still be able to seek redress upon enactment uated from the Boat School in 1959, and PLACE FAIRNESS ACT OF 1996 of the Workplace Fairness Act, as my legisla- throughout my childhood, images of the tion avails existing title VII remedies to any in- Naval Academy were omnipresent in our home. There was a stuffed Bill the Goat star- HON. BRIAN P. BILBRAY dividual discriminated against under my bill. ing sternly down at me from the top of my OF CALIFORNIA My legislation also exempts religious organiza- chest of drawers, overseeing the various IN THE HOUSE OF REPRESENTATIVES tions, prohibits the establishment of quotas on stages of my young life. Threadbare any basis other than factors pertaining to job whiteworks and musty-smelling flight suits Friday, July 12, 1996 performance, and specifically does not invali- filled my toy box. I pored frequently over my Mr. BILBRAY. Mr. Speaker, the Civil Rights date or limit the rights, remedies or proce- Dad’s yearbooks with reverent awe and, once Act of 1964, the Age Discrimination in Employ- dures available under any other existing Fed- I began to read, paged through every issue of ment Act, and the Americans with Disabilities eral, State or local law to persons claiming Proceedings and Shipmate he would receive Act prohibit discrimination in employment be- in the mail. discrimination. The one column that always most fas- cause of race, color, religion, sex, national ori- Under the Workplace Fairness Act, employ- cinated me was ‘‘A Few Inches from the gin, age, and disability. I believe that we must ers and employees will still be allowed to enter Yard’’, because it seemed the best place to begin to explore ways to look beyond the tra- into an alternate dispute resolution agreed get the straight scoop on the pulse of the ditional model of combating discrimination, upon before the term of employment begins, Brigade. Dad was full of stories of the Hall, which is currently accomplished by protecting just as under current law. Further, the existing some probably embellished by years of sepa- a class or category of people. Instead, we Federal statute in rule 11 of the Federal Rule ration from the events in question. This col- must begin to pass laws which protect the in- of Civil Procedure states that if a frivolous law- umn, however, represented an opportunity to dividual from discrimination. A person's sin- suit is filed by the plaintiffÐthe employee or hear what was going on in the Hall from an unbiased source: someone whose perspective gular worth and merit should be the yardstick prospective employeeÐthan the court may was in-your-face and based on the day-to-day we measure by, rather than a person's behav- rule that the plaintiff may pay the legal ex- realities of life in Mother B; and here I am, ior or characteristics which attach them to a penses of the defendantÐthe employer. Addi- years later, honored and humbled to be that group. If we predicate discrimination law on tionally, rule 68 of the Federal Rule of Civil voice for you. Wow. distinctions between groups or categories, we Procedure is enforced in civil rights cases That is not all, though. Here, in my first negate the original intention of protecting such as those that would be brought about ever column, I come to you with a dual pur- against discrimination itself. under the Workplace Fairness Act. Rule 68 pose. Approximately a month ago, when I re- Therefore, I am introducing the Workplace states that the fee burden can be shifted from ceived word that I was to be this year’s writ- er for ‘‘A Few Inches from the Yard’’, I envi- Fairness Act of 1996, which will effectively the employer to the employee, if the employee sioned my first article as an opportunity to prohibit discrimination on any basis other than files a frivolous claim, or if the employer is compose a pleasantly uneventful introduc- an employee's individual merit. Instead of con- found to not be at fault. tion in which I would tell you some anec- tinuing a piece-meal approach to discrimina- While my legislation will clarify once and for dotes about myself, life in the Hall as we pre- tion law by adding special categories to those all the civil rights of all Americans, it still gives pare to welcome the class of Plebes that will E1272 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 lead us into the next millennium, and so on. On December 29, 1995, while serving the legislation with respect to withdrawals from I was hoping to just leave a good taste in city of Buffalo as a firefighter at a residential IRA's. This provision recognizes that when an your mouth and set the stage for future arti- fire, Mr. Herbert suffered traumatic injuries individual or family is faced with long periods cles of more substance. Well, you know what of unemployment, they may have no other they say about the best laid plans of mice when the roof of the building he was in col- and men. It appears my first article is going lapsed. Despite the extensive nature of his in- choice but to draw upon these funds to meet to be more than what I expected. juries, and after a very trying first few months, their everyday living expenses. During this fi- As you know, a dark cloud is hovering over Donald Herbert's personal strength and com- nancially stressful time, an additional 10 per- the Naval Academy right now. Some of the mitment to God and his family have enabled cent tax for early withdrawal is unfair and only recent happenings here, which I’m sure him to make his way toward recovery. serves to make the family's financial situation you’ve been made abundantly aware of by Today, the Herbert family, the Buffalo Pro- worse. This legislation would accomplish the the media, are not things we, as Midshipmen fessional Firefighters Association, and our Buf- goals of that provision by allowing penalty-free are proud of. In fact, we can hardly believe withdrawals during long periods of unemploy- what is going on. We are making the paper falo community have organized an event to and the nightly news much too often for all honor Mr. Herbert, and to convey to him our ment from IRA's as well as qualified retirement the wrong reasons. There seems to be a gen- grateful appreciation for his service, valor, pro- plan 401(k) and 403(b) accounts. eral sense of crisis amongst administration, fessionalism, and bravery. Donald Herbert can Many small businesses offer participation in faculty, and Midshipmen alike. Every last count on our Buffalo community, because we 401(k) plans, this amendment would help un- person I know is scratching their head and have always been able to count on him. employed people who at the time of separa- struggling to fathom what could lead mem- Mr. Speaker, today I join with the Herbert tion from employment chose to leave their bers of the Brigade to conduct themselves so family, the Buffalo Fire Department, the city of 401(k) funds with their former employer. Then, disgracefully. I am sure this sentiment of Buffalo, our western New York community, because of unanticipated long periods of un- disbelief and disappointment is echoed re- and indeed, all of those who have dedicatedly employment, need access to those funds. Ac- soundingly in the minds of Alumni every- cordingly, many small businesses would bene- where. served our Nation and ensured our safety as The bottom line that must be kept in the firefighters to honor Mr. Donald Herbert for his fit from this amendment. In addition, employ- front of our minds, though, is this: Yes, these dedication, hard work, and commitment to our ees who are laid-off from their former employ- events are shocking, yes, they are damaging city; and offer him my sincere best wishes for ment may need access to those funds in order to us as an institution, but in no way are a speedy recovery. to start up their own small business. State and they indicative of what we, the Brigade, rep- f local government employees who are dis- resent. They are nothing more than infuriat- placed through downsizing, also may need ac- ing, high-profile aberrations. My point? Now, LEGISLATION TO ALLOW PEN- cess to the funds in their 403(b) plans for simi- more than ever, is when we need the support ALTY-FREE WITHDRAWALS lar purposes. of our Alumni. It would be tempting, if you FROM RETIREMENT PLANS DUR- The benefit this legislation would offer the were led to believe that these happenings re- long-term unemployed is the right thing to do flected the character of the Brigade as a ING UNEMPLOYMENT whole, to abandon ship on us, but you must in this period of economic uncertainty. You not. Right now, there are thousands of Mid- HON. JIM McDERMOTT can plan for many things in your life finan- cially, but the impact of long, unanticipated pe- shipmen who are just like you were when OF WASHINGTON you called the confines of Mother B home. riods of unemployment can create financial IN THE HOUSE OF REPRESENTATIVES We are worthy of your support and trust. havoc on any individual or family, including The times we live in are different—that’s Friday, July 12, 1996 those that thought they had adequate savings true, but there is a grand universality to Mr. MCDERMOTT. Mr. Speaker, today I am to get them through such a situation. Long pe- many portions of the experience by which we riods of unemployment are similar to major ill- all, young and old, are inextricably bound to- introducing legislation that would allow people gether—the Annapolis experience. My desire to receive penalty-free withdrawals of funds nesses that can result in catastrophic medical is to communicate to you, our predecessors, from certain retirement plans during long peri- expenses. Under current law, taxpayers are that although we live in different times, peo- ods of unemployment. I am pleased that Rep- allowed penalty-free early withdrawals from ple never truly change. All but a profound resentatives SAM GIBBONS, CHARLES RANGEL, qualified retirement plans to meet catastrophic minority of us espouse the same ideals, har- PETE STARK, BARBARA KENNELLY, ROBERT medical expenses, therefore, it makes sense bor the same hopes, and are haunted by the MATSUI, BILL COYNE, JOHN LEWIS, and RICH- to extend this benefit in cases of long periods same fears that most of you had as young ARD NEAL have joined me in cosponsoring this of unemployment. men and women attending this school. We Passage of this legislation would allow un- are here for love of country and a desire to legislation. serve. With an exerted show of solidarity, we This legislation would allow penalty-free employed taxpayers a chance to get back on can all help to quiet those who would like to withdrawals from individual retirement ac- their feet without having to pay an unneces- end or severely break down 150 years of tra- counts [IRA's] and qualified retirement plansÐ sary financial penalty when they can least af- dition based on a random outbreak of iso- 401(k) and 403(b)Ðif the taxpayer has re- ford it. lated incidents. There are, admittedly, those ceived unemployment compensation for 12 f who like to see this happen. They are bank- weeks under State or Federal law. Under the OFFUTT APPRECIATION DAY ing on the assumption that we, the Naval legislation, the distribution of funds would have Academy family, can be divided. Don’t let that happen. Hang on tight and ride out the to be made within 1 year of the date of unem- ployment. In addition, a self-employed individ- HON. JON CHRISTENSEN storm with us, better days are ahead. OF NEBRASKA On a final, brighter note, a hearty con- ual would be treated as meeting the require- IN THE HOUSE OF REPRESENTATIVES gratulations to the Class of 1996 for complet- ments of unemployment compensation if the ing a grueling four years and winning the individual would have received such com- Friday, July 12, 1996 prize. Best of luck in the fleet; make us pensation if the individual would have received Mr. CHRISTENSEN. Mr. Speaker, I rise proud! such compensation if he or she had not been today in recognition of Offutt Appreciation Day. That’s all I have for this month, but I’ll be back keeping you apprised of the latest self-employed. In my district in Nebraska, Offutt Air Force gouge in the next issue. Until then, fair Under current law, when a taxpayer with- Base is the home of more than 10,000 military winds and following seas. draws money from an IRA or a qualified retire- personnel and their 17,000 family members, 1 f ment plan before age 59 ¤2, he or she is employs more than 1,500 civilians, is a valued forced to pay an individual 10 percent tax on part of the Omaha/Bellevue area community TRIBUTE TO DONALD HERBERT the amount withdrawn. This additional tax is and plays a vital part in our global military intended to recapture at least a portion of the strategy. HON. JACK QUINN tax deferral benefits of these plans. This tax is In Congress, I have shown my appreciation OF NEW YORK in addition to regular income taxes the tax- for the families of the Offutt community by IN THE HOUSE OF REPRESENTATIVES payer must pay as the funds are included in fighting for funding for Impact aid, the program the taxpayer's income. The early-withdrawal which compensates public school districts for Friday, July 12, 1996 tax also serves as a deterrent against using revenue lost due to the presence of military Mr. QUINN. Mr. Speaker, I rise today to rec- the money in those accounts for nonretirement bases like Offutt. Although Impact Aid was al- ognize the distinguished service of Mr. Donald purposes. most zeroed out during last year's budget bat- Herbert, a Buffalo firefighter injured in the line The vetoed Balanced Budget Act of 1995 in- tle, we were eventually able to fund the pro- of duty. cludes a provision which is the same as this gram at 100 percent of the total for fiscal year July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1273 1995, providing approximately $7 million to the nificant role in Oakland County religious life. high for such a cynical age. Most importantly, Bellevue Public Schools and about $510,000 Under the leadership of Bishop Basil A. Foley, I observed his total commitment to excellence to the Papillion School District. I'm pleased to the current pastor, it continues to be an instru- and integrity. That commitment not only note that this year the Labor-HHS appropria- ment of positive change in our community. In served as an example to summer law clerks tions bill increased funding for Impact Aid by recognition of its historical importance, a mark- such as myself, but also to his clients, his law $35 million. I fought hard to make sure this er will be erected by the State Historic Preser- firm and his community. funding was included in the bill because I care vation Office of the Michigan Department of On my Capitol Hill desk sits the pen set Mr. deeply about the Offutt community. I want to State, that will declare the Newman African Emmanuel presented me at the end of my ensure that the children of military families re- Methodist Episcopal Church as a historical site summer employment. The set is a reminder of ceive a quality education. in the State of Michigan. a summer where I was introduced to a great In honor of Offutt Appreciation Day, most of Mr. Speaker, it is an honor and a privilege man who had a great impact not only on my the townships and cities surrounding Offutt for me to rise before my colleagues in the life, but on the lives of so many others who have passed proclamations recognizing this House of Representatives to honor a church may never have had a chance to thank him. event. I am pleased to include the text of one and its congregation who have contributed so As the U.S. Representative for that region, I of these proclamations by Robert Eccles, much to society. thank Mr. Emmanuel tonight on behalf of all mayor of Ralston: f those lives he has enriched. Thank you, Mr. PROCLAMATION Emmanuel. IN RECOGNITION OF PATRICK f Whereas, Offutt Air Force Base’s families EMMANUEL are a valued segment of the City of Ralston REPORT FROM INDIANA—FIRST and other communities in Nebraska where BAPTIST CHURCH everyone works as neighbors to ensure that HON. JOE SCARBOROUGH Nebraska continues to be ‘‘where the good OF FLORIDA life began’’, and IN THE HOUSE OF REPRESENTATIVES HON. DAVID M. McINTOSH Whereas, personnel stationed at Offutt Air OF INDIANA Force Base and their families continually Friday, July 12, 1996 IN THE HOUSE OF REPRESENTATIVES dedicate their lives to guarantee our freedom Mr. SCARBOROUGH. Mr. Speaker, I ad- Friday, July 12, 1996 and defend this great nation, dress the House of Representatives today in Now, therefore, be it Resolved that I, Rob- Mr. MCINTOSH. Mr. Speaker, I rise today to recognition of a remarkable man's professional ert J. Eccles, Mayor of the City of Ralston, give a special Report from Indiana. It is a spe- and personal achievements. Rarely does a join with the Offutt Advisory Council, the cial report because I was truly moved by a re- man come along who truly makes a difference Air Force Association, and the Bellevue cent visit to a church in my hometown of Mun- Chamber of Commerce in saying thank you in the life of his community. As Robert Ken- cie, IN. and do hereby designate July 12, 1996 as nedy once observed, few men possess that On June 28, Ruthie and I visited a very spe- Offutt Appreciation Day in the City of Ral- special quality that allows them to actually cial place, the First Baptist Church. Ruthie and ston and urge all citizens to join with me on bend history. Through 50 years of dedicated I were so grateful and honored to be included this day in saluting the members of Offutt service and unwavering integrity, Patrick Em- Air Force Base, Nebraska. in a patriotic celebration called Liberty, in manuel has made a difference in the life of In Witness whereof, I have set my hand and honor of Independence Day. caused the Official Seal of the City of Ral- northwest Florida and the national legal com- The musical celebration was directed by ston to be affixed this last day of July 1996. munity. Steve Clarke, the minister of music. It truly Robert J. Eccles, Mayor. Today, the First Congressional District of captured the spirit of America in song. f Florida celebrates Patrick Emmanuel's 50 year Dr. Edward Strother read patriotic passages commitment to excellence and professionalism from Abraham Lincoln and Ronald Reagan NEWMAN AFRICAN METHODIST in the legal field. Mr. Emmanuel's extraor- during the interludes. He echoed President EPISCOPAL CHURCH dinary achievements put him in a league of his Reagan's inaugural address in asking God own. He has honored his community by serv- that ``You would continue to hold us close as HON. DALE E. KILDEE ing as president of the Florida Bar, as a mem- we fill the world with our songÐa song of OF MICHIGAN ber of the Board of Governors for the Florida unity, affection, and love.'' He also quoted IN THE HOUSE OF REPRESENTATIVES Bar, as president of the Florida Bar Founda- from Lincoln's Gettysburg Address in saying, tion, as a fellow for the American College of Friday, July 12, 1996 ``We here highly resolve that these dead shall Trial Lawyers, as fellow for the American Col- not have died in vainÐthat this nation, under Mr. KILDEE. Mr. Speaker, I rise today be- lege of Probate Counsel and as a fellow for God, shall have a new birth of freedomÐand fore my colleagues in the U.S. House of Rep- the American Bar Foundation. Perhaps his fin- that the government of the people, by the peo- resentatives to pay tribute to the Newman Afri- est hour as a member of the legal profession ple, and for the people shall not perish from can Methodist Episcopal Church, that is lo- was his courageous stand against the Amer- the earth.'' cated in Michigan's Ninth Congressional Dis- ican Bar Association's ideological drive to po- The production was amazing, screens trict. The Newman African Methodist Episcopal liticize that organization instead of focusing flashed to the lyrics as our favorite patriotic Church is recognized as the first African- primarily on the promotion of professionalism songs were coordinated by a cast of all ages, American church established in Oakland in the legal field. from youngsters to seniors. County, MI, and as the birthplace of the Oak- If Patrick Emmanuel's accomplishments Songs: Star Spangled Banner; Yankee Doo- land County Chapter of the National Associa- were limited solely to the legal field, his con- dle; Columbia, the Gem of the Ocean; You're tion for the Advancement of Colored People. tribution to our community would be com- a Grand Old Flag; America the Beautiful; Fifty The church was organized in 1861 by Rev. mendable. But many consider his achieve- States in Rhyme; Oh Susanna; Home on the Augustus Green. Although Reverend Green ments outside the legal field to be his greatest Range; Dixieland; Shenandoah; I've Been and his brethren did not have available to contribution to northwest Florida. Mr. Emman- Working on the Railroad; Johnny Has Gone them a permanent home in which to pray, they uel served as a member of the Board of Direc- For a Soldier; U.S. Air Force; Caisson Go were determined to worship. The first services tors of the Northwest Florida Crippled Chil- Rolling Along; Anchors Aweigh; Marine Corps were held in a church basement and in a dren's Home for over 20 years. He was also Hymn; Battle Hymn of the Republic; From schoolhouse. Eventually, the strength of their appointed by the Governor as a member of Where I Stand; The Golden Dream; My Coun- collective faith prevailed, and the congregation the Florida Children's Commission and served try Tis of Thee; and The Pledge of Allegiance. incorporated in 1868 and purchased their own as chairman of the Advisory Board of Sacred The volunteers and staff at First Baptist church building in 1872. That original temple Heart Hospital. Most importantly, he suc- Church, in Muncie, made ``Liberty,'' a special served to enable the congregation to prosper ceeded where it counts the most: as the re- patriotic program, a big success. Folks like, a grow. In 1961, the present house of worship spected father of 7 children and 11Ðand Elaine Hamilton, produced the event, worked was built and has been a focal point of faith countingÐgrandchildren. the sound, made a huge contribution from be- within the community. While many have respected Patrick Emman- hind the scenes. Their tribute and respect in Mr. Speaker, the work of the church has led uel from afar, I had the privilege of working honor of our Nation's birthday, made me to an increased level of worship within the city. with him as a summer law clerk in 1989. I re- proud. It made so many of us proud. There is no doubt that the Newman African call the law clerks and attorneys holding Mr. So many folks made this patriotic event a Methodist Episcopal Church has played a sig- Emmanuel in a level of esteem remarkably very moving program. The entire staff and all E1274 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 the volunteers at First Baptist Church, are to TRIBUTE TO ALLEN C. ‘‘PETE’’ zations including the U.S. Armed Forces, be commended for their heartfelt celebration OGDEN Phoenix Symphony Orchestra, Salt River honoring our country and freedom. I would like Project, and INTEL. The Corral children have to say thank you for including us. It truly HON. PHIL ENGLISH raised families of their own, and continue to touched both of us. OF PENNSYLVANIA uphold their father's vision. IN THE HOUSE OF REPRESENTATIVES In addition to Jose Corral's accomplished That, Mr. Speaker, is my Report from Indi- family and career, his altruistic nature is truly ana. Friday, July 12, 1996 commendable. The Corral family has a unique NAMES TO BE ENTERED INTO RECORD Mr. ENGLISH of Pennsylvania. Mr. Speaker, love for music, and Jose participates in his this is a proclamation to acknowledge Mr. church's choir each week. He also volunteers Steve & Debbie Clarke, Dr. Edward Allen C. ``Pete'' Ogden as president of the at church retreats and various community Strother, Elizabeth Ratchford, Elaine Hamil- Western Pennsylvania State Association of functions. ton, Jana Allen, MaNell Gregg, Dirk Harris, Township Commissioners. After 78 years of countless accomplish- Andy Rees, Wendy Rees, Wes Russell, Mike In addition to his civic accomplishments, Mr. ments in America, Jose Castro Corral recently Wilson, Elsie Anderson, Walt Baker, Martha Ogden is a retired business manager from Iro- decided to strive for yet another goalÐU.S. Bogle, Sharon Boyle, Wanda Burns, Nancy Callahan, Helen Clark, Bill Conner, Earl quois School District where he also taught citizenship. As the only noncitizen in his fam- Coulson Jr., Susan Coulson, Lois Craig, mathematics. He is a devoted family man and ily, Jose felt that U.S. citizenship would fulfill Denzel Crist, Jack Cronin, Dana Davis, has been married to Pat for 40 years. To- his dream of service to his family, his commu- Heather Davis. gether they have three grown childrenÐPam, nity, and his country. On June 21, 1996, as Paula, and PeterÐas well as three grand- his family waved signs and posters applauding Barbara Eidson, Eleanor Fisk, Mary Flan- childrenÐJennifer, Nicole, and Matthew. his latest accomplishment, Jose Castro Corral nery, Nellie Halt, Jerry Hamilton, Bill Har- He has been a Lawrence Park Township ris, Louise Head, Rodney Head, Harry Irwin, celebrated U.S. citizenship. Jacqueline Irwin, Pat Kissick, Nancy Kosar, commissioner for the last 15 years and 7 of Jose Castro Corral and his family serve as Cathy Mitchell, Kristin Murray, Connie those years he has served as president of the role models for immigrants who come to this Parker, Jane Patton, Lavenna Putman, Bill board. Despite the demands of being a part- country to fulfill America's ideals of opportunity Reid, Phobe Reid, Connie Thalls, Anson time commissioner on a full-time basis, Mr. and individual responsibility. Not only is he a Tooley, Barbara Turner, Betty Unger, Ogden also manages to be vice president of model person, he is now a model citizen. It is Gaylon Washburn, Marsena Washburn, Heidi Northwest Planning, an executive board mem- truly an honor to welcome Mr. Jose Castro Webb, Midge Wooters, Ashley Blackwell, ber of the East Erie Communications Center, Corral as a citizen of this great Nation. Stanley Blackwell, Robbie Craig, Samantha delegate to the Erie Area Council of Govern- f Ratchford. ments, the Watershed Plan Advisory Board, the Allegheny League of Municipalities, the TRIBUTE TO CARLOS LLERAS f Erie County Association of Township Officials, as well as a member of the Erie County Li- HON. SAM FARR TRIBUTE TO FOOD PANTRY VOL- brary Committee, the Erie Eye Bank Associa- OF CALIFORNIA UNTEERS, WEST SIDE CAMPAIGN tion, the Runner's Club, and the Lions Club. IN THE HOUSE OF REPRESENTATIVES AGAINST HUNGER Please join me in recognizing Mr. Ogden as Friday, July 12, 1996 State president and thank him for his many years of dedicated public service. Mr. FARR of California. Mr. Speaker, today HON. CAROLYN B. MALONEY f I rise to pay tribute to Carlos Lleras, a man who exemplifies the very best in public serv- OF NEW YORK A SALUTE TO JOSE CASTRO ice. He retires this month after valiantly serv- IN THE HOUSE OF REPRESENTATIVES CORRAL ing his country of Colombia for the past 2 years as their Ambassador to the United Friday, July 12, 1996 HON. ED PASTOR States. Ambassador Lleras has diligently rep- resented his people, and it has been my Mrs. MALONEY. Mr. Speaker, today I rise OF ARIZONA IN THE HOUSE OF REPRESENTATIVES pleasure to work with him through his tenure. to pay tribute to the food pantry volunteers of His distinguished background will serve him the West Side Campaign Against Hunger, a Friday, July 12, 1996 well as he enters the next stage of his profes- special group of people who regularly give up Mr. PASTOR. Mr. Speaker, I rise today to sional career. their time to assist in feeding the hungry of the pay tribute to one of this Nation's newest citi- Ambassador Lleras came to the United west side of Manhattan. This group of dedi- zens. When Jose Castro Corral came to the States of America in 1994 with impressive cre- cated volunteers is being celebrated by the United States in 1918, Woodrow Wilson was dentials. While he draws upon his vast intel- West Side Campaign Against Hunger at the President, Arizona was celebrating its fourth lectual capacity in fields as expansive as Church of St. Paul and St. Andrew on Sunday, year of statehood, and America was in the agrology, economics, and law, he is masterful July 14 for the enormous contribution they middle of a devastating World War. In this in his application of this knowledge. His past have made to their community. time, Jose Corral and his family immigrated to is as broad as it is deep, and I am confident America because they dreamed of a better life that he will continue to hold the people of Co- The food pantry volunteers generously do- for themselves and their community. Indeed, lombia close and dear to his heart in his future nate their time and energy to staff the food Jose Castro Corral has more than fulfilled his endeavors. pantry. Volunteers assist the pantry daily, tak- family's vision. Ambassador Lleras received his juris doctor ing in deliveries, displaying food, helping cus- Mr. Corral was born in Sonora, Mexico on in law and social science from the Colegio tomers, recycling and cleaning up. These vol- August 9, 1916. Two years later, his family Mayor de Nuestra Senora del Rosario. He re- unteers have contributed 7,600 hours in 1996 moved to the small mining town of Kearny, ceived a diploma in civil cassation in 1960. By to this effort. Due to the steady stream of sup- AZ, where he has lived ever since. Jose Cor- the time he was 24 years of age, Ambassador port from the volunteers, the food pantry has ral's parents raised their children to become Lleras had already become a municipal judge been able to feed nearly 3,000 people each productive, accomplished members of Amer- and professor of economics at the Fundacion month. ican society. During his childhood, Jose Corral Universidad de Bogota Jorge Tadeo Lozano. was encouraged to strive for educational ex- One year later, in 1962, he had become pro- Mr. Speaker, these individuals are deserving cellence and active participation in community fessor of political science at the Universidad of special recognition for their tireless contribu- service. These upstanding ideals continue to de America, and was also appointed dean of tion of time and energy to the plight of those thrive in the Corral family today. the faculty of natural resources at the less fortunate. I am proud to rise here to Not only was Jose Corral dedicated to his Fundacion Universidad de Bogota Jorge honor this much appreciated but far too rarely career as a miner, he also strived to build a Tadeo Lozano, a post he would hold for the acknowledged group of volunteers. I ask my family of high integrity and moral value. To- ensuing 4 years. By 1966, Ambassador Lleras colleagues to join with me and the West Side gether with his wife Amanda, Jose Corral had additionally been appointed academic Campaign Against Hunger to celebrate their raised six educated and accomplished children dean, and given an honorary degree in hard work and commitment. who have become important figures of organi- agrology. Ambassador Lleras then went on to July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1275 lead the Universidad de Bogota Jorge Tadeo the full meaning of the events of that day than write ‘‘HIGH FALLS, 1996’’ on it and give it Lozano to excellence as their president from any newspaper writer or I could possibly hope. to Dad so he could remember what he did on 1969 to 1972. This story pays tribute to a fine uniformed offi- that day. When we got home, I told everybody at In addition to Ambassador Lleras' impres- cer, teacher, role model, and fatherÐCaptain school that my dad saved a little girl’s life. sive academic achievements, he has also pur- Joe Tucker. f sued other fields of interest with the same te- MY DADDY’SA HERO nacity. He has been the president of numer- (The Henry Herald, 6/19/96) INTRODUCTION OF RUNAWAY AND ous organizations, such as the Edible Grase I’m Andrew Tucker. I’m reporting about HOMELESS YOUTH AMENDMENTS and Oil Producers Federation and the National my dad. It all started when my mom and dad OF 1996 Federation of Automobile Dealers. Ambas- and me were coming back from Indian sador Lleras has also been the honorary Springs. We decided to go to High Falls Park to go swimming. We had never been there be- HON. MATTHEW G. MARTINEZ president of the Colombian Society of Busi- OF CALIFORNIA ness Administrators, president of the Advisory fore. Lots of people were swimming in the river and walking on the rocks. Millions of IN THE HOUSE OF REPRESENTATIVES Committee of the Colombian Institute of For- signs around High Falls said not to go on the Friday, July 12, 1996 eign Trade for the reform of the Andean Pact rocks. and a columnist for the ``El Tiempo'' news- We were walking near the waterfall when Mr. MARTINEZ. Mr. Speaker, I am pleased paper in Bogota. In 1993 he became cojudge we heard a lady say ‘‘Can anybody swim?’’ to introduce, with my colleagues Mr. KILDEE for the Constitutional Court and within a year My dad looked kind of strange because we all and Mr. SCOTT, the administration's proposal he was a precandidate for the Presidency of thought someone was drowning, but the lady to reauthorize the Runaway and Homeless Colombia with the liberal party. didn’t sound very excited. Then we saw a boy Youth Act. Though the United States and Colombia in the water, trying to come up for air and waving his arms real slowly, but then went It is estimated that 1.3 million young people have not always seen eye to eye, I am proud under the water and didn’t come back up. run away or are homeless each year. Since to say that we have worked together through Then the lady said, ‘‘there is another one in 1974, the services funded by the Runaway these differences, and Ambassador Lleras has the water.’’ and Homeless Youth Act have meant the dif- played a pivotal role in this dichotomy. Having My dad just took off his hat and glasses ference between life and death for young peo- spent several years in Colombia during the and his shoes, and he went in with all of his ple living on the streets. The basic centers 1960's in the Peace Corps, I am reassured clothes on. It looked like the water was six program has provided safe havens which seek knowing that he will be returning to his won- feet deep, but my dad later said that it was about 12 feet. My dad dove in, but it was too to help reunite families. The transitional living derful and beautiful homeland, with a renewed deep. So he had to go down feet first and feel services have provided older homeless youth, interest in serving the people of Colombia. As around the bottom. who do not return to their families, with the Ambassador, he pulled together the Returned He found something soft so he dove under, skills needed to make a successful transition Peace Corps volunteers who have formed and it was a little girl! The current was to an independent adulthood. Friends of Colombia to begin a continued co- pushing her down between rocks. She had The Runaway and Homeless Youth Amend- partnership to help the Peace Corps spirit to been under there for five minutes. After six ments of 1996 maintain the commitment to flourish. During his tenure I have developed a minutes you are a goner if you are under youth in crisis by authorizing a comprehensive water. She was under for about five minutes close and strong liaison with Ambassador when my dad brought her up. effort that combines the resources of the basic Lleras and I will not only be sad to see him He did mouth-to-mouth (resuscitation), or centers program and the transitional living leave on a personal level, but also for the CPR. She was a little black girl. But then a grant program. This initiative also makes use sake of the Colombian people, whom he has man named Sam Jordan that we had talked of current drug abuse prevention and edu- so well served for the past 2 years. to before came to help with the boy. They cation services, as well as various demonstra- Mr. Speaker, I ask my colleagues to join brought the girl up the hill where I was. tion projects and targeted grant programs au- with me today in honoring Ambassador Lleras, By that time my mom was yelling, ‘‘Has thorized by the act. However, grants for the a very rare and special individual who com- anyone got a cellular phone?’’ The people were just sitting there. I don’t know why. prevention of sexual abuse and exploitation of bines the best of both the academic and pro- She ran up the hill to the pool to get a life- runaway, homeless, and street youth are kept fessional worlds. Throughout his life, and es- guard to call 911. The lifeguard came running separate. pecially during the past 2 years, Ambassador down like a rocket with no shoes on. They Assistance for runaway and homeless youth Lleras has been committed to the ideals of carried the girl up the river bank. will be improved with the elimination of frag- leadership based upon the principle of com- When I saw the little girl, I thought she mented services and funding. Under this legis- passion. Ambassador Lleras is a true public was dead. She looked dead. She wasn’t mov- lation, grantees will be able to provide a vari- servant and will be dearly missed. I wish him ing and her eyes were closed. I felt sad when ety of services, but they must supply short I saw her. well in his future endeavors. They laid her down on the ground. There term shelter, long term residential services, or f were lots of people sitting on blankets, both. At least 20 percent of the funding will be watching, and lots of people crowding set aside at the national level to ensure that CAPT. JOE TUCKER—DISTIN- around. the critical, and often costly, transitional living GUISHED VETERAN, DEDICATED Then I saw her arms move, and then she services for older homeless youth are contin- FATHER, HOMETOWN HERO opened her eyes. It seemed like a long time ued. In addition, either through referrals or on- before she could sit up. Then I knew she was going to be fine. She talked, but I don’t site programs, to address the drug abuse and HON. MAC COLLINS think she knew where she was. I was really alcoholism that plague many of the young OF GEORGIA glad that she was alive. people who come to them for help. IN THE HOUSE OF REPRESENTATIVES My dad stuck with that little girl. I think Mr. Speaker, this legislation goes a long Friday, July 12, 1996 he was worried that she might not make it. way toward addressing the multifaceted issues I’ll bet the girl may not go swimming for a that runaway, thrownaway, and homeless Mr. COLLINS of Georgia. Mr. Speaker, I long time! youth face. I am honored to be its sponsor. By that time the boy started to get up and rise today to salute Capt. Joe Tucker who is f the Chief Naval Instructor at the Henry County walk. They took both children and put them High School in Georgia's Third District. This in an ambulance and drove away. We talked CALPERS GENERAL COUNSEL retired U.S. Coast Guard officer recently dem- to Sam Jordan about the girl. They thanked RETIRES my dad and said he was there at the right onstrated a level of courage, compassion, and time. heroism for which we all can be proud. Cap- I looked back at the river where before HON. ROBERT T. MATSUI tain Tucker is the kind of role model that our there were lots of people swimming and play- OF CALIFORNIA ing. Now there was just water and rocks. children need and deserve. IN THE HOUSE OF REPRESENTATIVES Today, I am submitting for inclusion in the Right there, where the two kids were CONGRESSIONAL RECORD an account of events drowning * * * was a sign that said, ‘‘DO Friday, July 12, 1996 that occurred, appropriately enough, on Me- NOT GO ON THE ROCKS! GO IN THE Mr. MATSUI. Mr. Speaker, I am very WATER AT YOUR OWN RISK!’’ I don’t know morial Day at the High Falls State Park. This why people don’t obey the signs; then they pleased and proud today to pay tribute to account, from the front page of the Henry Her- would be okay. Richard H. Koppes, who at the end of this ald on June 19, 1996, is in the words of 11- We went to a place where Dad could put on month will retire from his position as general year-old Andrew Tucker who can better relate dry clothes. I found a flat rock. I decided to counsel and deputy executive officer of the E1276 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 California Public Employees' Retirement Sys- Counseling Service, a nonprofit United Way only submersion for other subject areas, com- tem, known as CalPERS. agencyÐa cause to which she is very dedi- bining native language instruction in some Mr. Koppes has played a major role in guid- cated. She is the recent past president of the classes with structured English immersion ing the highly regarded CalPERS corporate Womens' Board of All Saints Church. She was strategies in other subject areas, dual immer- governance program, which seeks to improve also selected as the YMCA Woman of the sion programs, and endless other combina- the performance of companies in which Year in 1995. tions. CalPERS invests. Throughout his many years Professional awards seem to follow Dot Despite differing methodologies, all bilingual in working with some of the Nation's largest around Texas. In 1986, she anchored the education programs involve substantial corporations, Mr. Koppes has been known as KLDO newscast in Laredo which was recog- coursework in English. English is the medium a leader who was firm but fair. This even- nized by the United Press International as the of instruction in bilingual classrooms from 72 handed manner quickly won the respect of best newscast in Texas. This year, her news- to 92 percent of the time, depending on grade many chief executive officers and has allowed cast on KRIS was recognized by the Texas level. Furthermore, all bilingual education pro- him to be as influential and accomplished as Associated Press as the Best newscast in grams are transitional. The average length of he is today. In 1994, The National Law Jour- Texas. Dot is very much a part of the entire stay in these programs is only 2±3 years. nal named him as one of the country's 100 south Texas community that she loves. She The primary goal of these programs is the most influential lawyers. has reported in San Antonio, Laredo, and Cor- development of English language skills to pre- Mr. Koppes began his career in 1971, when pus Christi. She speaks Spanish fluently, she pare LEP students to enter mainstream Eng- he received his juris doctorate from the Uni- explores all the aspects of the stories she cov- lish classrooms. These programs give LEP versity of California at Los Angeles. He is the ers, and she asks the tough questions. students a foundation so they can effectively founder and past president of the National As- Tommorrow, I will be with her to promote a compete with their fluent English peers when sociation of Public Pension Attorneys, a mem- cause to supply local school children in dis- they are completely transitioned out of bilin- ber of the American Law Institute, and a cur- advantaged school districts. Operation Supply gual education programs. Bilingual education rent member of the New York Stock Exchange Our Schools asks community members to do- programs produce students who have a good Board of Governors' Legal Advisory Commit- nate school supplies so resources from the knowledge of English so they can compete tee. Mr. Koppes has been widely regarded as school district can be better directed to meet- with other students on a level playing field. As an authority on pensions and the retirement ing other learning needs. It is a cause we both our country becomes more and more lan- system. Specifically, he has written and lec- know is important to the area children. guage-diverse, these classes play a major role tured on many issues related to the role of It will be Dot's last broadcast in Corpus in the education of our Nation's young people. pension fund investors in corporate govern- Christi so I want to take this opportunity to In order for the U.S. to be competitive in the ance and fiduciary duties. wish her well, and I ask my colleagues to do 21st century, it is essential that we have an in- Fortunately, Californians will continue to the same. telligent and highly skilled labor force. The benefit from his expertise even after he de- f only way to create such a labor force is parts CalPERS. Mr. Koppes will continue his through an education system that addresses distinguished career at Stanford University DEPARTMENTS OF LABOR, the needs and makes use of the special tal- Law School, where he will be an instructor of HEALTH AND HUMAN SERVICES, ents of all the Nation's children. law in the school's executive education pro- AND EDUCATION, AND RELATED Diversity in people and languages is not a gram. He will also serve as a counsel to var- AGENCIES APPROPRIATIONS national threat, but an advantage. In today's ious organizations, including the law firm ACT, 1997 information age, we have the ability to connect Jones, Day, Reavis & Pogue and the Amer- with individuals across the globe. The move- ican Partners Capital Group, Inc. Mr. Koppes' SPEECH OF ment of people across countries and con- career in the private sector will focus on pro- HON. SHEILA JACKSON-LEE tinents has intensified. Our businesses, too, viding corporate governance expertise and in- have increasingly moved into the broader OF TEXAS stitutional shareholder consulting. world marketplace where the most influential Mr. Speaker, Richard H. Koppes deserves IN THE HOUSE OF REPRESENTATIVES language is that of the customer. Therefore, recognition for all of his contributions and Thursday, July 11, 1996 the 32 million Americans who speak lan- guages in addition to English are at competi- achievements in the public service. I am proud The House in Committee of the Whole to recognize this talented constituent and House on the State of the Union had under tive advantage. pleased to wish him well in his future endeav- consideration the bill (H.R. 3755) making ap- We should view bilingualism as a resource ors. propriations for the Departments of Labor, and an asset. And we must view bilingual edu- f Health and Human Services, and Education, cation as a necessity. Bilingual education is and related agencies, for the fiscal year end- extremely important and should be retained. TRIBUTE TO DOT PETERSON ing September 30, 1997, and for other pur- As the National Education Association has poses: said: HON. SOLOMON P. ORTIZ Ms. JACKSON-LEE of Texas. Mr. Chair- To silence today’s children in one lan- guage, while they learn another, defies logic OF TEXAS man, bilingual education has proven to be the and common sense. But to value what they IN THE HOUSE OF REPRESENTATIVES most effective tool for successfully teaching English and other subjects to limited English bring to the classroom and build on it makes Friday, July 12, 1996 proficient children, integrating them into our infinitely greater sense in today’s world. Mr. ORTIZ. Mr. Speaker, I rise today to schools and society, and helping them to be- We give immigrants hope to become fully commend an exceptional, award-winning come valuable, productive members of the part of the American dream by helping learn broadcasting at KRIS±TV in Corpus Christi U.S. economy. the skills to survive. who is, regrettably, leaving our community. Bilingual education helps children get start- f Dot Peterson, an anchor at a leading Coast- ed in substantive schooling while also learning TRIBUTE TO VICE ADM. TIMOTHY al Bend television station, is leaving Corpus English. Studies have found that providing W. WRIGHT Christi to advance professional by as a pro- Limited English Proficient [LEP] students with ducer at KOAT in Albuquerque. In television, substantial instruction in their primary lan- HON. JOE SCARBOROUGH producers are higher up in the food chain than guage does not interfere with, or delay their OF FLORIDA the people we see on TV giving us the news acquisition of English language skills, but IN THE HOUSE OF REPRESENTATIVES each evening. Dot has handled the on-air an- helps them to catch up to their English-speak- chor duties in addition to co producing since ing peers in English language arts, English Friday, July 12, 1996 she came to KRIS. However, seeing Dot de- reading and math. Indeed, studies have con- Mr. SCARBOROUGH. Mr. Speaker, I rise liver the news in a steady and honest way at formed that bilingual education students make today to pay tribute to a man who has given 6:00 p.m. and 10:00 p.m. regularly has made greater gains than the students who received to his country 35 years of distinguished serv- her a trusted figure in the Coastal Bend view- all instruction in English. ice. I rise to honor a man who has given to ing area. Bilingual education programs encompass a God, country, family, and community, and who Her dedication to her community is evident variety of approaches such as: combining I believe exemplifies all that is best in the through her community service. She serves as English as a second language [ESL] classes American people. This week Vice Adm. Timo- a board member of the Consumer Credit for English language instruction with English- thy Wright will be retiring from the U.S. Navy, July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1277 and all who served under him, or who worked Several years ago, in my first visit, I formed IN HONOR OF THE PUERTO RICAN with him, as I did, wish Admiral Wright well, a special friendship with a young boy staying FLAG’S 100TH ANNIVERSARY congratulate him, and want to know how much at the home. We sat in his room, and he he will be sorely missed. opened up his special drawer with all of his HON. ROBERT MENENDEZ Emerson once said that what people say prized possessions. As he showed us his OF NEW JERSEY about you behind your back is the measure of matchbox cars, and baseball cards, Ruthie IN THE HOUSE OF REPRESENTATIVES your standing in society. Mr. Speaker, the asked him, one simple question. ``What's your words that have been said about Admiral favorite thing to do?'' His answer, remains in Friday, July 12, 1996 Wright behind his back include: honest, de- my heart, as clear today as it did back then. Mr. MENENDEZ. Mr. Speaker, I rise today cent, a gentleman, hard working, loyal, dedi- ``I want to be with my family.'' That brought to celebrate the 100th anniversary of the de- cated, courageous. From the time he entered tears to my eyes put a lump in my throat, and sign of the Puerto Rican flag, a symbol which the Navy in 1961, through his tours of duty as filled my heart with hope. represents the enormous contribution the citi- commander of a carrier air wing, commander The folks at Wernle Home, help kids like zens of the island have made to our Nation. of the 7th fleet, and Chief of Naval Education this young boyÐand encourage them so they The flag's anniversary will be honored by the and Training, to his work in the Office of the never give up hope for a brighter future. city of Hoboken and the Puerto Rican Week Secretary of the Navy, Admiral Wright has The Lutheran Church founded Wernle in Committee at City Hall in Hoboken on July 13, shown a standard of excellence and dedica- 1879 as an orphanage. Today it assists chil- 1996. tion to duty that marks him out as a singularly dren who have suffered from emotional, phys- The flag was completed in New York City at able and distinguished man of intellect, skill ical, and sexual abuse at the hands of others. Chimney Corner Hall in Manhattan on Decem- and integrity. I'd like to recognize and thank the volun- ber 22, 1895. The flag of Puerto Rico has a Admiral Wright made a career that showed teers and staff who make Wernle Home a rich history. Dr. Julio J. Henna, led a group of him to be one of the Navy's finestÐthe best huge success. 59 Puerto Ricans who organized the Puerto of the best. For anybody who doubts that, look Folks like, Rev. Paul Knecht. For over 40 Rican section of the Cuban Revolutionary at the record: Defense Distinguished Service years he has helped children with special Party. As part of their activities, a flag was Medal, Legion of Merit, Distinguished Flying emotional and behavioral needs. He believes created to rally support for independence from Cross, Meritorious Service Medal. The list in his heart that ``every child deserves a Spain. goes on and on, and its testimony to a man chance.'' Pat Mertz, ensures that Wernle has The Puerto Rican flag was designed by in- that has given to his country an example of the financial stability it needs. He's known for verting the colors of the single starred flag of excellence for which we should all strive. swapping baseball cards with the boys. Pat its neighbor in the Caribbean, Cuba. The first Now Admiral Wright will be retiring, return- makes an impact on their happiness. Judy known incarnation of the symbol was made by ing to the wife and children that he loves, Beeson, teaches handicapped children with a Manuela ``Mima'' Besosa, the Puerto Rican making up for the lost hours that a distin- simple motto, ``You can always see a rainbow Betsy Ross. The motion to adopt the flag was guished career in the Navy requires of its best even in a tornado.'' approved unanimously by the Puerto Rican and brightest. He has earned a period of R Vern Pittman, is a father figure to many of revolutionaries. and R, as they say in the Navy, though I'll bet the boys. Billie Fisher and Paula Wright are For 100 years, the Puerto Rican flag has that he will not spend his free time sitting affectionately referred to as Mom. And Rev- symbolized a proud people. It has served as around the house watching game shows, and erend Jerald Rayl, for over 14 years has en- a symbol of Puerto Rico's cultural tradition and that retirement will not mean the end of an ac- sured that the children receive spiritual needs. heritage. Puerto Ricans are proud of their tive life. Men of such dedication and nobility And my good friend, Mike Wilson, has dedi- many contributions to the United States and are not the kind of people to, if the Admiral will cated his life to raising the public awareness they are proud of the unique identity their flag not mind me quoting a General, ``simply fade of Wernle throughout Indiana and Ohio. Cleo represents. Puerto Rico has been referred to away.'' Lee makes sure the boys receive clothing, and as the ``Shining Star of the Caribbean.'' Her So, I join the people of the United States, of this is no small task. Today there are over 110 citizens residing in Hoboken are shining stars the Navy, and of my district in Florida, in wish- children to care for. Craig Leavell, the director in their community. ing Admiral Wright a hearty congratulations of recreation teaches the children who say, It is an honor to recognize the banner of a and thanks for a job well done and a life well ``No, I can't,'' to discover, ``Yes, I can.'' group of constituents I am proud to represent. lived. May the years ahead bring him contin- Of course the true success of Wernle Home I ask that my colleagues join me in honoring ued good health and happiness, and may Ad- is found in the hearts of volunteers who make the 100th anniversary of the creation of Puerto miral Wright go into the next stage of his life it possible. Irna Chase has faithfully made Rican flag. secure in the knowledge that he has made a sure that cakes are delivered on birthday's. f difference, both to those who know him and Forrest Fox, has formed a special grandfather- even to those who do not. The Navy is a bet- type relationship with one young boy at the TRIBUTE TO THE 10TH DISTRICT ter organization for his having served in it. Home. His love is crucial because the child OF OHIO Godspeed Admiral Wright; I wish for fair winds has no parents, no family. Retired Judge and following seas. Brandon Griffis, conducts discussions on the HON. MARTIN R. HOKE f law and legal issues with the older boys. Al OF OHIO REPORT FROM INDIANA—WERNLE and Marilyn Young, continue to provide lead- IN THE HOUSE OF REPRESENTATIVES ership and support to make Wernle Home HOME Friday, July 12, 1996 successful. HON. DAVID M. McINTOSH Now, I am only mentioning a few. The entire Mr. HOKE. Mr. Speaker, Cleveland Maga- staff and all the volunteers at Wernle Home, zine recently published a story detailing the re- OF INDIANA are Hoosier Heros. They work very hard, to sults of their fourth annual survey of Cleveland IN THE HOUSE OF REPRESENTATIVES take these precious children in from the dark- area communities. The study ranks the 47 Friday, July 12, 1996 ness of despair, and serve as a beacon of communities according to safety, education, Mr. MCINTOSH. Mr. Speaker, I rise today to light. Showing them there is: Hope for tomor- and affordability. I am happy to announce give my Report from Indiana. In the Second row. today the 8 of the top 10 communities are in District of Indiana, I meet wonderful people, That, Mr. Speaker, is my Report from Indi- the 10th District. wonderful, kind and caring people, working ana. Mr. Speaker, I believe this is a tribute to the day and night to help others. Names to be entered into RECORD: good people of the 10th District and dem- Individuals, like those involved with a very Rev. Paul Knecht, Pat Mertz, Judy Beeson, onstrates their strong sense of neighborhood special place, Wernle Home, a children's or- Nancy Carter, Vern Pittman, Marvin and community values. You know, sometimes phanage that I visited just a few weeks ago in Nesheim, Bille Fisher, Paula Wright, Dick people in Washington have a tendency to Richmond, IN. Everyone involved with the suc- Harrell, Rev. Jerry Rayl, Cleo Lee, and Craig think all things good flow from here. But it is Leavell. cess of Wernle are Hoosier Heros in my book. Stan Thomas, Steve Tyler, Irna Chase, at the local level that lives and communities Ruthie and I have visited our friends at Wernle Amy Dillon, Forrest Fox, Judge Brandon are actually improved. on many occasions. And each time we meet Griffis, Jr., Al and Marilyn Young, the staff At a time when crime, poor education, and loving workers and volunteers who care for of WKBV/Hits 101.3 FM, Mike Wilson, and the depletion of values have become com- battered and abused children. Kath Barker. monplace in many communities across the E1278 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 country, it is wonderful to see citizens taking the early 1990's tobacco products caused an 50 years ago when it was chartered. I proudly the initiative to make their communities better. estimated 3 million deaths world wide per ask my colleagues to join me in saluting the I am extremely proud of the people of my dis- year. In addition, WHO documents that at members of VFW Post 7734 for their distin- trict, and I encourage them, and citizens least one person dies every 10 seconds as a guished service to our country. across the country, to keep up the good work. result of tobacco use around the world. f f Don't we have other American products to promote through the U.S. trade Representa- HONORING CONGRESSMAN JOSEPH PERSONAL EXPLANATION tive? Why are we promoting products that un- Y. RESNICK equivocally kill people when used as in- HON. EVA M. CLAYTON tended? The United States has an abundance HON. MAURICE D. HINCHEY OF NORTH CAROLINA of other products that the USTR could be pro- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES moting. Is opening markets for cancer-causing IN THE HOUSE OF REPRESENTATIVES tobacco products the best allocation of USTR Friday, July 12, 1996 Friday, July 12, 1996 resources? Mrs. CLAYTON. Mr. Speaker, on the week From smoke-free workplaces to the pro- Mr. HINCHEY. Mr. Speaker, I want to take of May 17, 1996 I was unavoidably detained posed FDA regulation of tobacco, as the Unit- a moment today to share some memories of and therefore missed the vote on the Solomon ed States continues to enact stricter controls one of my distinguished predecessors, Joseph amendment, for the defense authorization bill. regarding tobacco use, we should set a posi- Y. Resnick, who served in this body during the Had I been present I would have voted ``no'' tive example to the rest of the world by pro- mid-1960's. Joe Resnick was an inspiration to on the amendment. moting healthy, tobacco-free lifestyles. How me as a young man when I was first getting f can we continue to strive to reduce tobacco involved in politics and Government service. use at home, but continue to promote tobacco His commitment to public service and his re- WHEN IT COMES TO U.S. TRADE use abroad? The U.S. is known as the leader sponsiveness to his constituents led to a new POLICY, U.S. TOBACCO MARKET of the free world. We should lead the fight era in representative government in the Hud- SHARE TRUMPS HEALTH WEL- against tobacco use, rather than lead the son Valley region, a legacy which continues to FARE world in tobacco sales. this day. f The first Ulster County Democratic conven- HON. FORTNEY PETE STARK tion that I attended in 1964 featured Joe OF CALIFORNIA HONORING VFW POST 7734 ON ITS Resnick as a candidate for Congress against IN THE HOUSE OF REPRESENTATIVES 50TH ANNIVERSARY a long-time, seldom-seen Republican incum- bent. During his acceptance speech at that Friday, July 12, 1996 HON. ESTEBAN EDWARD TORRES convention Joe Resnick told a story about a Mr. STARK. Mr. Speaker, the U.S. is No. 1. OF CALIFORNIA conversation with a friend of his in Ellenville, But that's nothing to cheer about when you're IN THE HOUSE OF REPRESENTATIVES NY. The man expressed his surprise that Joe the No. 1 exporter of tobacco products. Ac- was a Democrat. You see, back in those days cording to the World Health Organization Friday, July 12, 1996 Democrats in upstate New York were out- [WHO], the U.S. is the top exporter of tobacco Mr. TORRES. Mr. Speaker, I ask my col- numbered 3 to 1. Joe continued on in his products world wide, yet tobacco products rep- leagues to join me today in honoring the Vet- speech, not for a moment defensive or embar- resent less than 1 percent of total U.S. export erans of Foreign Wars Post 7734 in Pico Ri- rassed by it and said ``I'm the best kind of earnings. Two recent studies by the National vera, CA, on the occasion of its 50th anniver- DemocratÐthe winning kind!'' And he was Bureau of Economic Research [NBER] and sary. On Saturday, July 13, 1996, commander right. And it wasn't the first or the last time he WHO have pointed out some disturbing infor- Jose Perez, senior vice commander Richard was right either. mation about the U.S. role in promoting to- Partida, junior vice commander Adres Rami- Joe Resnick brought a new style of leader- bacco products around the world and our rez, quartermaster Randolf Parker, and ad- ship to the region. He was a very visible public international support of this addictive drug. junct Robert Navarro, will join veterans, family, official. Up until that time, Members of Con- Since tobacco consumption has decreased and friends to celebrate this momentous occa- gress in the region didn't have district offices, by as much as 20 percent in the last 20 years sion. but Joe Resnick opening a district office in in the U.S. and other highly industrialized na- In 1946, a group of WWII veterans decided Kingston, NY. Joe Resnick actually wanted his tions, tobacco companies have been forced to to form a VFW post to serve veterans living in constituents to know who he was and that he turn elsewhere to shore up their huge profits. southeast Los Angeles County. They gathered was there to serve them, not the other way That elsewhere is foreign markets like Taiwan, their friends, family, and neighbors, and ap- around. It used to be that the only way you Thailand, Japan, and South Korea. Since the plied for a charter from the national VFW or- could get your Congressman to help you was early 1980's, the tobacco industry has been ganization. On July 12, 1946, a charter was if you had power, money, or good connec- aggressively pressuring countries to open their granted. They decided to name the post after tions. Joe Resnick had a radically new ideaÐ markets to American tobacco productsÐand a well-known comrade and school friend, Lt. serving the public directly, with dedication, and using U.S. trade policy to do it. Spurred by the Ray L. Musgrove, who died in action during without discrimination. It all seems so natural tobacco industry, the U.S. Trade Representa- WWII. Today, the VFW post still bears his to us today to do that, but believe me 30 tive [USTR] and the Commerce Department name. years ago it wasn't. His example inspired me have successfully persuaded Asian countries During the late 1940's and early 1950's to open one of the very first district offices to open their heavily restricted cigarette mar- many of the members began to move into new when I was elected to the New York State As- kets to U.S. tobacco products or face retalia- tract homes in Rivera, Downey, and Santa Fe sembly in 1976. tory measures. Springs. In the early 1950's the post was offi- When I first came to Congress in January of The tobacco industry has been extremely cially moved to the community of Rivera. After 1993, then Speaker Tom Foley told me a won- successful in their conquest of the world to- purchasing property in 1975, the post broke derful story about his service with Joe Resnick bacco market. The NBER study found that in ground and built its new home. VFW Post on the House Agriculture Committee back in 1991, U.S. tobacco market share in four Asian 7734 is currently located in Pico Rivera, serv- the 1960's. Joe Resnick was a freshman and countries that lifted their import curbs was up ing veterans for the past 20 years. the scene was the first day that the committee 600 percent. Since 1975, U.S. cigarette ex- Throughout the year, with the help of its met for that session of Congress. The chair- ports have increased by 340 percent, up from auxiliary, the post has been involved with nu- man of the committee, Speaker Foley went on 50.2 billion cigarettes in 1975 to 220.2 billion merous veterans programs, V.A. hospital visi- to say, was an old Southern gentleman, very cigarettes in 1994. tations, helping needy veterans and their fami- much of the old school as well, speaking in a But at what expenses to world health? Ac- lies, as well as helping community youth ac- thick Southern accent, who propounded the cording to the NBER report, the per capita cig- tivities, and promoting patriotism. The post has popular theory of those days that a freshman arette consumption in Asian countries is al- been active in honoring and perpetuating the Member of Congress should be ``seen and not most 10 percent higher than it would have memory and history of departed comrades heard,'' and that's the kind of treatment that been if markets weren't open to American who valiantly served our Nation. the freshman Members could expect from the cigarettes. In their recent study of world to- Mr. Speaker, VFW Post 7734 today remains committee, and so forth. That was how it was bacco and health trends, WHO found that, in as committed to serving our Nation as it was in the old days. Well, Joe Resnick, who as a July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1279 freshman was seated at the far end of the National Forests and National Wilderness national lands, and 43 percent of all big-game dais from the chairman, heard this and said Areas are among our Nation's greatest bless- hunters use these lands for their activities. ``nobody is going to tell me how to vote; no- ings. We Americans must treasure these spe- Our lands provide far more than fun and games, though. They are like an enormous body is going to tell me what to do'' in a voice cial places just as we treasure peace, free- university, teaching youngsters on field trips loud enough for everyone in the room to hear. dom, and democracy. and all other visitors about the natural And nobody did ever tell him how to vote and America's public lands constitute a historic, world and about our history. The forests fil- get away with it. Joe Resnick was a man of natural legacy that belongs to all Americans. ter rainwater, which then flows to our cities conscience. His campaign literature reflected We simply hold these lands in trust for future and towns. In the West, 96 percent of the pop- thisÐ``I am my own man. I represent no spe- generations, and must manage them for the ulation depends on water from the national cial interest. I speak and vote only in accord- benefit of all. Our children and grandchildren lands. Trees on these lands also help clean ance with my conscience and judgment to deserve to enjoy the beauty and majesty of the air and stabilize the climate. You can even think of these million square benefit the people I represent. The political their rightful natural inheritance in the years to miles as a gigantic natural laboratory, where bosses don't control me.'' And they didn't. come. scientists study and researchers discover Speaker Foley went on to tell me that Joe Today, there are some in Congress who medicines that treat diseases and make us Resnick never did hit it off with that committee see the control of our Nation's crown jewels healthier. Without these places, many of our chairman and never got help from him. But as the province of solely parochial special in- fish, plants and animals would have no Joe Resnick had his own circle of friends in terests who desire to define the use of our chance of surviving. powerful places, most notably his friendship parks and wilderness areas to suit their per- These lands even play a vital economic with President Lyndon Baines Johnson. sonal convenience and preferences, and even role. Those 1.4 billion annual visitors create a lot of business for stores and companies lo- Joe was an energetic public servant as well, for commercial purposes. Within my home cated near these lands. Late last year, when working hard to bring Federal programs to the State of Minnesota, some individuals are ad- gridlock in Congress led to the temporary people who needed themÐfrom food relief to vocating extending authority to a management shutdown of our national parks, businesses helping to keep Castle Point veterans hospital councilÐa new expensive cumbersome bu- lost a total of $14 million a day. Other busi- from closing. He even brought President Lyn- reaucracy of local parochial special interestsÐ nesses, which have nothing to do with tour- don Baines Johnson to Ellenville, for the dedi- for control of the Boundary Waters Canoe ism, are attracted to such areas because of cation of Ellenville Hospital, on a day which is Area Wilderness [BWCAW] and Voyageurs their beauty and peacefulness and thus cre- still remembered today. Although Joe Resnick National Park. These proponents also want to ate jobs in those communities. In addition, the trees, minerals, and other commodities was a prosperous man at the time of his un- enshrine extensive snowmobile use on the on these lands are tuned into paper and other timely death in 1968, he and his brothers, with pristine Kabetogama Peninsula of Voyaguers products. whom he founded the famed Channel Master National Park and to increase motorized vehi- Ownership of all this land, including 3.48 Corporation, have never for a moment forgot- cle use within a BWCAW, a national wilder- million acres in Minnesota, carries a duty. ten their humble origins as children of immi- ness. Such proposals benefit only a select few ‘‘The nation behaves well,’’ President Theo- grant parents from Russia. His story, and the at the expense of the 250 million Americans dore Roosevelt once said, ‘‘if it treats the story of his large, extended family, is the story who share common ownership of these na- natural resources as assets which it must of America itselfÐhardworking, dedicated, and tional treasures in Minnesota. turn over to the next generation increased, and not impaired in value.’’ big hearted in all the right places and at all the I hope all my colleagues will take a few min- Unfortunately, various special interests right times. utes to read Senator Nelson's insightful July are eager to exploit these lands for maxi- Mr. Speaker, tomorrow would have been Fourth essay on what it means to be an Amer- mum short-term financial gain, at the ex- Joe Resnick's birthday and I want to respect- ican and in defense of our National Parks and pense of the lands’ many other values. Con- fully invite my colleagues to join me in offering public lands. We have an obligation to protect gress is now considering bills that would pro- our prayers and best wishes to Joe Resnick's these American crown jewels, not only our na- mote development of many of these places or family on that day. tional legacy, but that of future generations. give them to the states. One example is leg- islation to increase motorized activities and f [From the St. Paul Pioneer Press, July 4, development of Boundary waters and Voya- 1996] PERSONAL EXPLANATION geurs. Passage of these proposals would WE SHOULD RENEW OUR PLEDGE TO PROTECT harm the interests of all citizens, present OUR NATIONAL TREASURES and future. HON. SHEILA JACKSON-LEE (By Gaylord Nelson) On this most American of holidays, we OF TEXAS As you watch the fireworks on the Fourth should commit ourselves to honoring the vi- IN THE HOUSE OF REPRESENTATIVES of July, what is it that makes you glad to be sion of those who protected our best places. In our national lands, we have inherited the Friday, July 12, 1996 an American? The freedom to say whatever you please? The economic opportunities? very essence of ‘‘America the Beautiful,’’ and Ms. JACKSON-LEE of Texas. Mr. Speaker, Peace? On this Independence Day, all of we must make sure our grandchildren do, too. my present vote on H.R. 3396, the Defense of those are worth celebrating. Marriage Act, respects the rights of all of my But one of our greatest blessings is usually f constituents. Those constituents who are taken for granted. Every child born in this country instantly becomes a large land- DEPARTMENTS OF LABOR, members of the vast, believing and proud reli- owner. He or she holds title to 623 million HEALTH AND HUMAN SERVICES, gious community along with those constituents acres—nearly a million square miles. This AND EDUCATION, AND RELATED who simply seek human dignity. This vote ful- acreage includes some of the planet’s most AGENCIES APPROPRIATIONS fills my commitment on behalf of my constitu- spectacular places: the Grand Canyon, Yel- ACT, 1997 ents to be accessible, accountable and re- lowstone, Yosemite, and, closer to home, sponsible. Voyageurs National Park and the Boundary SPEECH OF f Waters Canoe Area. No other country endows its citizens so richly. HON. VIC FAZIO PROTECTING OUR NATIONAL Most of us know about the national parks. OF CALIFORNIA TREASURES But they account for just 12 percent of the IN THE HOUSE OF REPRESENTATIVES lands that all of us own jointly. Three other systems of lands make up the other 88 per- Thursday, July 11, 1996 HON. BRUCE F. VENTO cent and are less well known. There are 155 The House in Committee of the Whole OF MINNESOTA national forests (including the Chippewa and House on the State of the Union had under IN THE HOUSE OF REPRESENTATIVES Superior), 508 national wildlife refuges and consideration the bill (H.R. 3755) making ap- 267 million acres of western heritage lands, Friday, July 12, 1996 propriations for the Departments of Labor, including ancient Pacific Northwest forests, Health and Human Services, and Education, Mr. VENTO. Mr. Speaker, Gaylord Nelson, the California Desert and red rock and related agencies, for the fiscal year end- a former U.S. Senator and the recipient of the canyonlands in Utah. ing September 30, 1997, and for other pur- These places offer world-class recreation poses: Presidential Medal of Freedom, recently wrote opportunities and receive 1.4 billion recre- an eloquent Independence Day July Fourth ation visits a year. They contain 4,000 devel- Mr. FAZIO of California. Mr. Chairman, I rise guest column for the St. Paul Pioneer Press in oped campgrounds and 160,000 miles of hiking today to oppose the funding measure before support of our Nation's natural treasures. As and equestrian trails. About half the game us. While Chairman PORTER and the other Senator Nelson points out, our National Parks, fish habitat in the United States lies on the members of the subcommittee have worked to E1280 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 produce a bill that is much better than last However, critical funding deficiencies remain Mountain National Park has deferred $50 mil- year's legislation; I believe that it still falls and I urge my colleagues to vote ``no'' on this lion in needed improvements. short of the important needs of our children bill. Yellowstone National Park has had to close and schools. f a major campground and two museums for Let me first commend the efforts of the sub- lack of funds, and this year, Great Smoky committee for their efforts in the field of health PERSONAL EXPLANATION Mountains National Park shut down 10 camp- research. Given the many funding restrictions, grounds and adjoining picnic areas. The na- I am pleased that the National Institutes of HON. CHARLES E. SCHUMER tional cemetery at Vicksburg National Military Health have received an increase of 6.9 per- OF NEW YORK Park has been forced to defer $6 million in cent. NIH is the world's leading biomedical re- IN THE HOUSE OF REPRESENTATIVES restoration and stabilization work, while Shen- search institution and funding such research is andoah National Park reports a $12 million Friday, July 12, 1996 today's investment in America's future. backlog in facility maintenance. However, I am troubled by the cuts the bill Mr. SCHUMER. Mr. Speaker, I was unable My legislation is similar to a bill recently in- makes to the education budget. These cuts to vote on the final passage of H.R. 3005, Se- troduced by my distinguished colleague and fall below the level necessary to keep up with curities Amendments of 1996, when the yeas friend, Senator JOHN MCCAIN. It allows private, inflation and projected future growth. More- and nays were ordered on June 19, 1996. nonprofit groups to enter into partnership over, such decreases would result in a total Had I been present, I would have voted ``yea'' agreements with individual parks and the Sec- cut to education programs of 7 percent below on the bill. retary of the Interior, to act as authorized or- the fiscal year 1995 levels at the same time f ganizations for the benefit of the parks they that school enrollment is projected to increase serve. These organizations will work with park NATIONAL PARKS CAPITAL by 7 percent. Similarly, Perkins loans and superintendents to prepare lists of capital im- IMPROVEMENTS ACT OF 1996 State student incentive grants are eliminated, provement projects that are to be financed by affecting over 220,000 college students. Goals taxable capital development bonds. These 2000 education reform and Eisenhower teach- HON. JIM KOLBE nonprofit groups, also, would be authorized to er training grants are also eliminated. OF ARIZONA issue and manage such bonds on behalf of The bill provides $475 million less for title I IN THE HOUSE OF REPRESENTATIVES the parks. funding than the president requested; $307 Friday, July 12, 1996 My bill adds a stipulation that no part of the million less for special education; and $729 bond proceeds, except interest, may be used million less for student financial assistance. Mr. KOLBE. Mr. Speaker, this week I intro- to defray administrative costs. Bond holders Funding for Safe and Drug Free Schools is cut duced legislation that would help alleviate the and the visiting public will be assured that $25 million below last year's level, and enormous $4.5 billion backlog of capital needs every dollar raised will actually be spent on in- billingual education is cut $11 million below in America's national parks. I believe this is a park improvements. Also, the bill will allow last year's amount. problem that demands the immediate attention memoranda of agreement between nonprofit These proposed cuts in education funding of Congress, even as we seek to balance the entities and the National Park Service to be run the risk of creating a real crisis in edu- Federal budget and struggle to reduce the Na- modified in the event funding priorities change. cation for the Nation's children. State and local tion's staggering $5.2 trillion debt. Congress Perhaps most importantly, bonds issued by governments already face difficult challenges has increased funding for national parks in fis- the nonprofit associations will be backed by in educating our children given the growing cal year 1997, but the need is growing much the full faith and credit of the U.S. Government demands placed on schools at a time of con- faster. Park utilization is rising rapidly, and in- in the event that Congress should remove the strained budgets and aging facilities. frastructure needs replacement. We cannot authority to assess the $2 entrance fee. I believe that these cuts are dangerously expect appropriated funds to meet all of these Mr. Speaker, in these fiscally austere times, short-sighted. Funding education programs needs. The time has come for us to explore we simply must become more creative in find- and initiatives should be one of the top prior- more creative solutions to this vexing problem. ing ways to address the needs of our National ities in creating a better future, both for the One thing Congress can do is to make it Park System. The concept of issuing revenue Nation and for individual families everywhere. possible for substantial funds to be raised in bonds to fund capital improvements is not Indeed, a better educated citizenry and the private sector for parks. The bill I am intro- new. Private industry, municipalities, and other workforce are critical to competing in the ducing today does just that. It provides an in- sectors of local government have used reve- changing global economy and in maintaining a novative mechanism for the public to invest di- nue bonds for decades and with great suc- strong democracy. rectly in the preservation and enhancement of cess. We can successfully apply this approach In addition to the cuts in education, the bill our national parks. to fund capital development needs in our na- also contains unnecessarily harsh cuts in pro- Specifically, my bill enables private, non- tional parks, as well. grams needed to enforce labor, wage, and profit organizations associated with the Na- My bill also encourages real, beneficial part- health standards for American workers. For tional Park Service to issue taxable capital de- nerships between the Federal Government example, the bill provides $43 million less than velopment bonds that would be paid for by and the private sector. Many groups, like the the President requested for OSHA, and $46 park entrance fees, that are not to exceed $2 National Park Foundation, the Fish and Wild- million less for enforcement of employment per visitor. Money collected in a particular park life Foundation, and the nearly 70 cooperating standards, including wage and hour standards. will be used to secure bonds that fund im- associations that presently serve the National Funds for the National Labor Relations Board provements in that park. I think the preceding Park Service, already provide invaluable finan- are cut $25 million or 15 percent below last statement is the cornerstone of this legislation cial support to the National Park Service. Their year's level. and it bears repeating. Money collected in a success proves that public-private partner- The American worker has been under attack particular park will be used to secure bonds ships can and do in fact work for the benefit since the first day of this Congress. These that fund improvements in that park. Any na- of our public institutions. My legislation will men and women are the engine of our econ- tional park with capital needs in excess of $5 greatly expand the ability of these organiza- omy and they deserve to be treated with dig- million will be eligible to participate in the reve- tions to aid the parks we cherish, and I believe nity and respect. They also deserve a safe nue bonds program. they are ready and eager to rise to the chal- workplace. I am very pleased that the amend- I believe park officials will enthusiastically lenge. ment offered by my colleague from California, embrace this program, and the Director of the Some have suggested that we should allow Mrs. PELOSI, was accepted by the House. This National Park Service has already informed corporations to become commercial sponsors important amendment deleted a rider that me that he is excited about the prospects of of the National Park Service. Indeed, legisla- would have banned OSHA from protecting this legislation. After all, the needs are real, tion to this effect has been introduced in the workers from musculoskeletal disorders, which immediate, and nationwide. Moreover, my bill Senate, and some park supporters have represent America's fastest growing workplace offers a practical solution to a serious di- voiced qualified support for the proposal. But health problem. In spite of our budget con- lemma. Rangers at Grand Canyon National I, for one, take a dim view of the prospect that straints, we must not retreat from worker pro- Park, for example, are obliged to live in squal- we should commercialize America's crown tection laws that have benefited thousands of id conditions because funds have not been jewelsÐour precious national parksÐin order American workers. available to build sufficient housing. Saguaro to save them. As I stated at the outset, this bill is much National Park has an estimated $10 million Mr. Speaker, my friend Senator JOHN improved over last year's Labor-HHS bill. backlog in infrastructure needs, while Rocky MCCAIN recently noted that ``Americans are July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1281 eager to invest in our Nation's natural herit- signed to promote a responsible Federal dis- the benefits of computer technology and, with age.'' I agree. The American people don't aster policy. common-sense reforms, delivers to the public want to see their national parks succumb to Last Congress, in the aftermath of the increased Government efficiency, accessibility, the ravages of time and use. But neither are Northridge, CA, earthquake, the bipartisan and responsiveness. they willing to see the integrity of the parks House leadership appointed a task force on The Freedom of Information Act turns 30 compromised by commercial exploitation. Let's disasters on which I was proud to serve. As this yearÐit is time to bring the law into the give the National Park Service the same finan- part of this task force, we met with various ex- modern information age, using cutting edge cial opportunities that our schools and commu- perts on disaster management policy, and technology to deliver cutting edge service to nity water systems currently possessÐthe through the leadership of Bill Emerson, we the American people. We in Congress, as ability to utilize capital development bonds. I were able to turn many of this task force's rec- their public servants, should aspire to nothing encourage my colleagues to support this legis- ommendations into legislative language in the less. Mr. Speaker, I urge my colleagues to lation. form of H.R. 1856, the Natural Disaster Pro- support enactment of this bipartisan and im- f tection Partnership Act. portant legislation this year. I believe all of us here today recognize the f A NATURAL DISASTER need for an efficient, effective Federal disaster PROTECTION PARTNERSHIP ACT policy. There is no doubt that we must assist DEPARTMENTS OF LABOR, victims when a disaster strikes, but business HEALTH AND HUMAN SERVICES, HON. E. CLAY SHAW, JR. as usual just isn't acceptable now as our enor- AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS OF FLORIDA mous Federal deficit continues to grow. Those ACT, 1997 IN THE HOUSE OF REPRESENTATIVES of us in Florida who survived Hurricane An- drew know firsthand how destructive the Friday, July 12, 1996 SPEECH OF forces of nature can be, and how costly. Hurri- Mr. SHAW. Mr. Speaker, I rise today in sup- cane Andrew, at the time the task force was HON. KEN BENTSEN port of a Natural Disaster Protection Partner- formed, had the illustrious honor at roughly OF TEXAS ship Act. This legislation was introduced by $20 billion of being the costliest federally de- IN THE HOUSE OF REPRESENTATIVES the late, distinguished Member of this body clared natural disaster of all time in the United who we now greatly miss, Mr. Emerson. It is States. Thursday, July 11, 1996 imperative that we take Mr. Emerson's lead By emphasizing personal responsibility The House in Committee of the Whole and continue to work for the passage of this through private insurance, promoting sensible, House on the State of the Union had under disaster plan into law. Without a natural disas- cost-effective disaster loss mitigation programs consideration the bill (H.R. 3755) making ap- ter protection partnership plan, this country will and encouraging the creation of a privately- propriations for the Departments of Labor, face a severe financial crisis. Health and Human Services, and Education, funded pooling mechanism that allows for the and related agencies, for the fiscal year end- As a Representative from Florida, I am very spreading of disaster risk and minimizes the li- ing September 30, 1997, and for other pur- concerned with the destruction caused by nat- ability of the Federal Government, we can poses: ural forces such as hurricanes and tornadoes. lessen the costs incurred by the Federal Gov- Last year was one of the most active hurri- ernment and in turn the individual taxpayer. Mr. BENTSEN. Mr. Chairman, I rise in op- cane seasons ever. The destruction caused by I urge my colleagues to join me in support- position to the fiscal year 1997 Labor-HHS ap- these hurricanes is tremendous, as can be ing the Natural disaster Protection Act and propriations bill. While it is much improved seen by Andrew and Opal. Moreover, exten- helping the Federal Government achieve a over last year's bill, this legislation does not sive damage is seen every year by other sound national disaster policy that can help meet the needs of millions of Americans who types of natural disasters such as earthquakes prevent loss of life and personal injury as well rely on this funding for education, job training, in California and floods in the Plains States. as reduce costs. workplace safety, and family planning. As a result of the rising costs of these natu- f On the positive side, I am pleased that this ral disasters, consumers in these disaster legislation increases funding for health re- prone areas face difficulty obtaining affordable ELECTRONIC FREEDOM OF INFOR- search at the National Institutes of Health and homeowner's insurance. Moreover, taxpayers MATION AMENDMENTS OF 1996 related agencies. This bill provides $12.7 bil- have been forced to spend $45 billion in 6 lion for the NIH, an increase of 7 percent over years for these disasters because home- HON. RANDY TATE fiscal year 1996. This investment in medical owners and States have been unprepared to OF WASHINGTON research is cost-effective and will help improve handle these catastrophes. Clearly, we must IN THE HOUSE OF REPRESENTATIVES our Nation's health. As a result of this re- act now before FEMA's funds are depleted search new medical treatments will be discov- Friday, July 12, 1996 and homeowners cannot purchase insurance ered that will lower health care costs and im- to protect them from these disasters. Mr. TATE. Mr. Speaker, in commemoration prove the lives of patients with AIDS, cancer, In light of Hurricane Bertha, which is threat- of the 30th anniversary of the Freedom of In- heart disease, Alzheimer's, and other illness. ening the southeastern coast, we must pass a formation Act [FOIA], joined by my colleagues As the representative for Texas Medical Cen- disaster plan that mitigates physical damage, on the Government Management, Information ter, I am keenly aware of the tremendous ad- provides insurance protection for homeowners and Technology Subcommittee, including vances being made by medical researchers and businesses and reduces Federal disaster Chairman STEVE HORN, Ranking Minority and of the funding pressures researchers face costs. I encourage each of you to contact Member CAROLYN MALONEY, and Representa- for the health of our Nation and for the good Chairman BOEHLERT and express your support tive COLLIN PETERSON, today I introduce the of our economy, a strong NIH budget is one for passing this legislation this year. Electronic Freedom of Information Amend- investment we must continue to make even as f ments of 1996. we seek to balance the Federal budget. The Freedom of Information Act [FOIA] was But the rest of this bill fails to set the right SUPPORTING THE NATURAL DIS- enacted in 1966 in order to provide the public priorities, especially in the area of education. ASTER PROTECTION PARTNER- with a presumptive and clear right of access to Our constituents do not want this Congress to SHIP ACT government information. In the 30 years since cut funding for education. In the Houston area, the implementation of the original Freedom of cuts of over $475 million in title I compen- HON. LINCOLN DIAZ-BALART Information Act, our Nation has witnessed satory education for economically disadvan- OF FLORIDA enormous technological advances. The laptop taged children will hurt every one of our IN THE HOUSE OF REPRESENTATIVES computer, cellular phone, fax, and Internet are school districts, including Fort Bend, Houston, just a few of the technological achievements Pasadena, and Goose Creek. These cuts Friday, July 12, 1996 that have brought us into the information age. could result in fewer teachers, larger classes Mr. DIAZ-BALART. Mr. Speaker, I rise today The Electronic Freedom of Information and higher local property taxes. to join my Florida colleagues in supporting Amendments of 1996 [EFOIA] makes it clear Furthermore, cuts in bilingual education and H.R. 1856, the Natural Disaster Protection that FOIA applies to Government records in the Safe and Drug-Free Schools Program will Partnership Act. As the east coast battens any form, including electronic records, while dramatically hurt the ability of schools to pro- down the hatches to brace for Hurricane Ber- increasing on-line access to Government infor- vide adequate education for thousands of His- tha, the time is ripe for passing legislation de- mation. This legislation successfully harnesses panic-Americans and to meet the safety needs E1282 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 of all Houston area students. The complete percent of our wheat and corn, 40 percent of is not in the best interest of the United States. elimination of the Goals 2000 and Eisenhower our fertilizer, $270 million in heating and cool- Mr. Chairman, let us do what is best for Amer- Professional Development Programs will also ing equipment, $330 million in industrial ma- ican and Chinese workers, democracy in prevent schools from incorporation innovative, chinery, $710 million in telecommunications China, and free trade. Let us extend MFN for locally developed teaching techniques into the equipment, and $1.2 billion in civilian aircraft. China. classroom. Manufacturing these goods has created f This bill also dramatically cuts Student Fi- over 200,000 high-skill and high-wage Amer- nancing Aid Programs. Too many Americans ican jobs. In Texas alone, foreign trade has DEPARTMENTS OF LABOR, are already struggling because of the high produced more than 45,000 such jobs. If we HEALTH AND HUMAN SERVICES, cost of higher education. As American workers fail to extend MFN to China, the United States AND EDUCATION, AND RELATED face increased foreign competition, higher will lose the reciprocity that MFN status makes AGENCIES APPROPRIATIONS education is more necessary than ever before. possible. This would increase tariffs paid by ACT, 1997 Over 82 percent of undergraduates at Hous- American firms selling their products in China ton's Rice University, one of the premier uni- from an average rate of 5 percent to an aver- SPEECH OF versities in the United States, receive financial age rate of 50 percent, and in some cases HON. CAROLYN B. MALONEY aid by cutting Perkins loans and eliminating 100 percent. As a result, American exports to OF NEW YORK State student incentive grants, we are sending China would be dramatically reduced, many of IN THE HOUSE OF REPRESENTATIVES a message to America's youth that higher the 200,000 American jobs could be lost to education will be harder to afford. That is overseas competitors, and imports from Thursday, July 11, 1996 wrong. ChinaÐincluding footwear, toys, and ap- The House in Committee of the Whole This legislation also reflects the Republican parelÐwould become more expensive for House on the State of the Union had under leadership's disdain for American workers. It American consumers. consideration the bill (H.R. 3755) making ap- recklessly and foolishly cuts the Occupational China's economy is expanding at an as- propriations for the Departments of Labor, Safety and Health Administration budget by 13 tounding rate. It is estimated that by the year Health and Human Services, and Education, percent and the National Labor Relations 2002 China will have the largest economy in and related agencies, for the fiscal year end- the world and will continue to be a major im- ing September 30, 1997, and for other pur- Board by 20 percent. poses: The two agencies responsible for ensuring porter of American products. The World Bank worker's safety and rights are singled out for projects that China will spend $750 billion on Mrs. MALONEY. Mr. Chairman, I rise to dramatic and unnecessary cuts. The Repub- infrastructure in the next decade. If the United speak in opposition to the Istook amendment. lican leadership places unnecessary restric- States scales back its trade relations with Title X is the only Federal program that pre- tions on both OSHA and the NLRB on how China, American firms will not be in a position vents unintended pregnancy and reduces the the perform their mission. to participate in this rapidly expanding Chinese need for abortion. In my State alone, 300,000 Finally, I would like to point out that mem- economy in the years ahead. Europe and Asia women and teens rely on title X for their only bers of this Congress once again have at- will enjoy unrestricted access to the rapidly reproductive health care. tempted to gut our Nation's Family Planning growing Chinese market, putting the United The radical right is once again putting poli- Program. Title X provides essential health States at a competitive disadvantage. tics ahead of people by attempting to require care services for thousands of low-income I recently traveled to China and witnessed young people to obtain their parents' consent women each year. Without family planning, firsthand the positive impact the information for family planning and other health care serv- American women would not have access to age is having on the Chinese people and the ices. This requirement will cause many teens the safety medical care possible, and I am Chinese government. China is predicted to be- to delay, or, worse yet, avoid seeking essen- pleased that the Congress rejected any at- come the largest market for American exports tial health care servicesÐplacing their health, tempt to limit or eliminate this vital program. of telecommunications equipment in the next future fertility, and even their lives at risk. In summary, I urge my colleagues to op- decade. Not only are the economic implica- I agree that ideally, teens should be encour- pose this misguided legislation because of its tions behind this new openness important, but aged to talk to their parents about all health dramatic effects on the America's working the social ramifications as well. China's in- care decisions, including those of reproductive families. It does not meet the needs of millions creasing desire for high technology products health. But, we don't live in an ideal world, of Americans who rely on funding for edu- and information will be mutually beneficial to and millions of teens don't live in ideal fami- cation, job training, workplace safety, and fam- both the United States and China economi- lies. Study after study has shown that when ily planning, and should be rejected. cally, politically, and socially. parental consent is mandated by law, adoles- f Human rights and democracy are not pro- cents will delay or avoid seeking needed care. moted or enhanced by shutting off the flow of How can anyone oppose such an essential LET US EXTEND MFN FOR CHINA technology and information. Open, fair, and program? Whose best interests are being competitive trade is the most effective means served? Certainly not those of American teen- HON. JACK FIELDS by which the United States can play a role in agers, families, and women. OF TEXAS enhancing the economic and political well- Once again, the new majority has put the IN THE HOUSE OF REPRESENTATIVES being of the Chinese people. radical right's agenda ahead of good govern- MFN should not be an issue the Congress ment. Friday, July 12, 1996 addresses on an annual basis. This trade sta- Consent to give teens the right to make Mr. FIELDS of Texas. Mr. Speaker, I am tus has been extended to virtually every nation good health decisions, and the right to basic here today to endorse the extension of most- around the world. In order to strengthen Sino- health care services. Oppose the Istook favored-nation trading status with China. I be- American trade relationships, the United amendment. lieve that only by doing so can the United States should treat China no betterÐbut cer- f States play a role in promoting democracy, in- tainly no worseÐthan we treat our other trad- dividual freedom, and free market economics ing partners. LET’S MOVE FORWARD WITH THE in China. Extending MFN for China is in the Congress should end the practice of linking PORTABILITY BILL mutual interest of China and the United human rights conditions in China to the issue States. of MFN status for China. The United States HON. J. DENNIS HASTERT Most favored nation [MFN] is merely a term maintains mutually beneficial economic rela- OF ILLINOIS used to indicate the standard or general tariff tionships with many countries around the IN THE HOUSE OF REPRESENTATIVES treatment the United States extends to vir- world with which we have political or cultural tually all countries in return for reciprocal tariff differences. These differences should be ad- Friday, July 12, 1996 treatment for American exports. dressed in the diplomatic arena, not by taking Mr. HASTERT. Mr. Speaker, allow me to Currently our fifth largest trading partner, actions likely to trigger a trade war between quote from an article in this past Tuesday's China accounts for $12 billion in annual Amer- two great trading partners. Washington Post: Senator Kennedy told his ican exports. Our farmers, industrial equip- For all these reasons, it is imperative that health care aide, ```My political sense is that ment producers, high technology firms, and the United States maintain MFN trade rela- Clinton gets somethingÐif the health reform others all export American goods to China. tions with China now and in the years to bill is enactedÐbut Dole does, too.' His aide Last year, the United States sold China 10 come. The revocation of China's MFN status replied, `If it fails * * * it helps us more than July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1283 them, because we can credibly blame them duced the Natural Disaster Protection partner- and volumes of statutes as the basis for their for killing it.''' ship Act the Congress, and I am pleased to be legal systems. Permissive attitudes that had It's clear that the liberals in the other body one of 267 cosponsors. This much needed existed in the wide-open towns gave way to tighter control. Opinions regarding gambling would rather use health care reform as a polit- legislation will provide for an expanded Fed- obviously changed, because prohibitions ical finger-pointing game than give the Amer- eral program of hazard mitigation, relief, and against such activities were written into the ican people portability, or give the self-em- insurance against the risk of catastrophic natu- criminal code in 1913. The legislative dec- ployed 80 percent deductibility on their health ral disasters. laration states, ‘‘the policy of the general as- insurance. The big-government liberals would To understand the importance of this legis- sembly, recognizing the close relationship rather play politics than vigorously attack the lation, one need only be reminded of the dev- between professional gambling and other or- waste and fraud in our health care system. astating effects of Hurricane Andrew that ganized crime, (is) to restrain all persons Yesterday, the Republican Leader in the struck Florida in 1992 and Hurricane Hugo in from seeking profit from gambling activities other body again tried to appoint conferees for in this state . . . from patronizing such 1989. In Florida, many insurance companies activities . . . to safeguard the public the health reform bill. And again, the liberal are canceling insurance policies. against the evils inducted by common gam- Democrat leadership blocked him. Currently, Hurricane Bertha continues it un- blers and common gambling houses . . . ’’ Mr. Speaker, this has to stop. It's time to certain path along the eastern seaboard. (Source: Colorado Revised Statutes, 18–10– stop playing politics with the American peo- Hopefully, Hurricane Bertha will not cause any 101) ple's healthÐlet's move forward with the port- damage and dissipate at sea. Prohibiting gambling was thereby deemed ability bill. While we here in the United States are for- good public policy, holding firm until 1949 f tunate that Hurricane Bertha has not yet made when the Colorado Racing Commission was created. In recent years, the gaming indus- landfall, I want to highlight the importance and DEPARTMENTS OF LABOR, try has been expanded into other areas— need for the Natural Disaster Partnership Act. HEALTH AND HUMAN SERVICES, bingo and raffle, lottery and lotto, and lim- H.R. 1856 will promote stability in the insur- AND EDUCATION, AND RELATED ited stakes gaming. In fiscal year 1995, the ance industry, encourage personal responsibil- AGENCIES APPROPRIATIONS four gaming sources provided nearly $152 ity, and reduce Federal disaster relief costs. I million in revenue. ACT, 1997 urge my colleagues to ensure passage of this RACING important bill. Members of the General assembly began to SPEECH OF f relax the prohibitions against gaming in 1949 when the Colorado Racing Commission was HON. ROSA L. DeLAURO GAMING AND COLORADO’S established. A portion of the legislative dec- OF CONNECTICUT ECONOMY laration reads, ‘‘. . . for the purpose of pro- IN THE HOUSE OF REPRESENTATIVES moting racing and the recreational, enter- tainment, and commercial benefits to be de- Thursday, July 11, 1996 HON. WAYNE ALLARD rived therefrom; to raise revenue for the gen- The House in Committee of the Whole OF COLORADO eral fund . . .’’ (Source: Colorado Revised House on the State of the Union had under IN THE HOUSE OF REPRESENTATIVES Statutes, 12–60–100.2) consideration the bill (H.R. 3755) making ap- The Racing Commission and the Division propriations for the Departments of Labor, Friday, July 12, 1996 of Racing Events are located within the De- Health and Human Services, and Education, Mr. ALLARD. Mr. Speaker, as Congress partment of Revenue. The commission’s five and related agencies, for the fiscal year end- continues to research and debate the impacts members are appointed by the Governor and confirmed by the state Senate. They serve ing September 30, 1997, and for other pur- of gaming, I believe that this report, published poses: staggered terms and represent designated by Colorado's Office of State Planning and geographical areas and political parties. In Ms. DELAURO. Mr. Chairman, I rise in Budgeting, may be a helpful resource for addition, the statute specifies that one of the strong support of the Lowey-Morella amend- members. five members must be a practicing veterinar- ment to provide $2 million in funding for the ISSUE BRIEF: GAMING IMPACTS THE COLORADO ian and two must have racing industry expe- women's Educational Equity Act. The funding ECONOMY rience. Duties of the commissioners range was eliminated under this bill and must be re- Demands on Colorado’s general fund, the from promoting the health and safety of the stored. tax money that pays the state’s bills, in- animals to setting racing calendars. They The Women's Economic Equity Act was es- crease each year, primarily from the areas of also oversee the division’s professional staff, tablished in 1974 to help achieve educational K–12 education, higher education, human which includes veterinarians, security per- sonnel and other racing officials. The com- equity for women and girls. Since that time the services, public safety and capital construc- tion. The state coffers are filled by a variety missioners license racetrack owners and op- act has funded research, development, and erators and hold them to rigid safety stand- the dissemination of curricular materials, train- of taxes and fees, including individual and corporate income taxes, sales and use taxes, ards for spectators and sanitation guidelines ing programs, guidance and testing mate- insurance and excise taxes, and interest for animals. In 1995, Colorado had seven tracks with ap- rialsÐall to combat inequitable educational earnings. State lawmakers and government proved race dates. Four of the tracks feature practices. budget officers try to stretch the general greyhounds, one is a major horse track, and Here are some facts: fund as far as possible to maximize services, the remaining two are fair circuit horse Boys often demand and receive more teach- and they also look for creative ways to raise tracks. The dog tracks operate in either the additional revenues. The gaming industry er attention than girls; they are praised more north or the south circuit, located either has been tapped in many states, including and challenged more by their teachers. above or below ‘‘a latitudinal line drawn Colorado, and each year it contributes a According to the Department of Education, through the location of the Douglas County larger amount to the general fund. How this boys outscore girls in math, science, and his- courthouse in the town of Castle Rock as of industry began and has grown illustrate June 6, 1991.’’ [Colorado Revised Statutes, 12– tory by their senior year. clearly that gaming, when allowed to expand 60–701(2)(a)] In-state and out-of-state simul- This is unfair and this money must be re- even under tightly controlled regulations, is cast racing is legal in Colorado, and off- stored. an ongoing source of state revenue. During track betting (OTB) is also available in four I urge all my colleagues to support and pass the last five fiscal years, revenues from the licensed locations, three in the Denver area gaming industry have steadily increased, the Lowey-Morella amendment. and one in Black Hawk. No one under age 18 demonstrating a trend expected to continue. f is allowed to purchase or redeem any pari- IDENTIFYING A NEW REVENUE SOURCE mutuel ticket. THE IMPORTANCE OF NATURAL Movies about the Old West have left most During the 1995 racing season, 322,614 peo- DISASTER ASSISTANCE viewers with vivid impressions of raucous ple visited Colorado’s horse tracks, with an poker games in dusty, smoke-filled saloons. average daily attendance, including off-track HON. MICHAEL BILIRAKIS Slick gun-totin’ professional gamblers were betting, of 1,204. Total attendance at the dog often paired with innocent greenhorns fresh tracks was 1,190,237 during the same period, OF FLORIDA off the trail. Saloon proprietors were only to with a daily average, including off-track bet- IN THE HOUSE OF REPRESENTATIVES glad to help empty their pockets of any ting, of 1,653. In 1995, the gross amount wa- Friday, July 12, 1996 money, providing liquor by the bottle, a gered, known as the ‘‘handle,’’ was just over room and a bath, entertainment, and, of $257 million, with the average daily handle Mr. BILIRAKIS. Mr. Speaker, I rise today to course, gambling. hitting $260,232, a 21.6% increase over 1994’s express the importance of natural disaster as- Gradually, after statehood was attained, average daily handle. Occupational licenses sistance. Our dear friend, Mr. Emerson intro- Colorado citizens had a state constitution and other fees added another $130,095. E1284 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996 Colorado’s general fund has received over portion of its proceeds to its Compulsive what came to be known as Great Outdoors $8 million in revenues from racing in each of Gamblers Assistance Fund. Only 15 states do Colorado (GOCO) to sponsor a ballot initia- the last five fiscal years, with the largest not designate lottery revenue for specific tive in the 1992 general election. It stated portion coming from the dog tracks. The purposes. that lottery proceeds . . . ‘‘. . . shall be table that follows shows the state’s income Colorado added its state-supervised lottery guaranteed and permanently dedicated to in calendar year 1995 for the horse and dog effective January 1, 1981, after a constitu- the preservation, protection, enhancement race tracks. tional amendment was passed in the 1980 and management of the state’s wildlife, general election. The amendment stated: BINGO AND RAFFLE park, river, trail and open space ‘‘Unless otherwise provided by statute, all Colorado voters adopted a constitutional heritage . . .’’ (Source: Colorado Constitu- proceeds from the lottery, after deduction of tion, Article XXVIL, Section 1) amendment in the 1958 general election per- prizes and expenses, shall be allocated to the mitting ‘‘games of chance,’’ commonly Colorado voters passed the constitutional conservation trust fund of the state for dis- amendment, which established the State known as bingo and raffle, effective January tribution to municipalities and counties for 1, 1959. Regulatory authority for this addi- Board of the Great Outdoors Colorado Trust park, recreation, and open space purposes.’’ Fund. The board is comprised of twelve pub- tional gaming area was assigned to the Sec- (Source: Colorado Constitution, Section 13, retary of State. lic members, two each from the state’s six Article XII) congressional districts, a representative Bingo and raffle games are reserved spe- The Lottery Division was placed in the De- from the State Board of Parks and Outdoor cifically for fund-raising activities by chari- partment of Revenue, and its governing Recreation, one from the Colorado Wildlife table or non-profit organizations. Religious, board is charged with operating and oversee- Commission, and the Executive Director of fraternal, educational and veterans’ groups ing all aspects of Colorado’s lottery. Serving the Department of Natural Resources. The clear enough profit from these games of staggered terms, the five Lottery Commis- public members are to reflect Colorado’s chance to fund extra-curricular activities sion members are appointed by the Governor gender, ethnic and racial diversity, and they and athletic efforts for youth groups and to and confirmed by the state Senate. One of serve staggered four-year terms. They are subsidize targeted projects of churches and the members must be a law enforcement offi- community organizations. cer, one an attorney, and one a certified pub- appointed by the Governor with the state After purchasing operating licenses, which lic accountant; and each of these must have Senate’s consent. The GOCO board is responsible for admin- must be renewed annually, and ensuring that five years of experience in his or her field. their members have completed the necessary The commission meets monthly, or more istering the trust fund, conducting public instructional courses, the groups can rent or often if necessary, and members are com- hearings to obtain comments on grant pro- lease commercial bingo facilities and con- pensated $100 plus expenses for each meeting posals and overseeing the professional staff. duct their games. Licensees are also per- attended. Headquarters for the division’s op- The constitutional amendment stipulated mitted to sell pull tabs, sometimes called erations are located in Pueblo. that prison construction projects then re- pickles or jar raffles. These are sealed tick- There was reluctance by some public offi- ceiving funding from lottery proceeds would ets sold to players who then open them, hop- cials to having a lottery at all, so it was be weaned from that source over a five-year ing to reveal cash amounts that then become written into the statutes that the division span. their winnings. will terminate on July 1, 1999, unless the Beginning in 1999, allocation of lottery pro- Licenses must be purchased by the land- General Assembly decides to continue it. To ceeds will be at the percentages spelled out lords or owners of the bingo halls ($525/re- aid the legislators in making this decision, in the amendment: 40% to the Conservation newable annually), and these individuals are the state auditor will complete a thorough Trust Fund, 10% to the Division of Parks and prohibited from any involvement in manag- analysis of the lottery by January 15, 1999. Outdoor Recreation, and 50% to the Great ing or operating the games. The same license The areas to be evaluated include comparing Outdoor Colorado Trust Fund. The GOCO fees are paid by the suppliers and manufac- lottery collections and the actual revenue portion is capped at $35 million, adjusted for turers of equipment necessary to conduct the derived, determining whether organized 1992 inflation, and any amount over that will games, including the bingo cards or sheets, crime related to gambling has increased, and be added to the State’s general funds. (Colo- raffle tickets and pulltabs. analyzing the competitive effect of the lot- rado Constitution, Article XXVI Section 3) Agents for manufacturers or suppliers pay tery on other forms of legal gambling. In ad- GOCO’s share will be distributed equally to a $125 fee and must renew annually. Addi- dition, the auditor is charged with deciding four area; the Division of Wildlife, the Divi- tionally, manufacturers and suppliers are if the division adequately protects the public sion of Parks and Outdoor Recreation, com- charged 1.1% of their gross equipment sales with regard to investigating complaints and petitive grants to non-profit land conserva- quarterly. Bingo and raffle licensees pay assessing the performance of lottery equip- tion organizations, and competitive, match- 0.3% of their gross receipts quarterly. ment contractors and licensed sales agents. ing grants to local governments. Distribu- In any calendar year a licensee may con- The constitutional amendment gave au- tion to the GOCO Fund began in 1992–93 with duct bingo games on a maximum of 105 occa- thority to the General Assembly to establish $10.9 million, and by 1994–95, GOCO’s portion sions. The largest cash prize or value for any the lottery, so it fell to the legislators to has grown to $23 million. In 1995, lottery and single bingo game cannot exceed $250, and draft the enabling legislation (Colorado Re- lotto generated $100.6 million for the state, the aggregate amount of all prizes on any vised Statutes, 24–35–202). While the law- two-thirds of the total gaming revenues. one occasion is limited to $1,500. Only volun- makers were drawing up the lottery stat- Lottery and lotto tickets can be purchased teers from the sponsoring charities can utes, they were also grappling with a critical by anyone over 18 at licensed outlets, found ‘‘work’’ at the bingo halls, and any remu- need for additional prison space. According primarily at convenience and grocery stores. neration is illegal. The volunteer workers, to the amendment, the lottery’s net proceeds There are just under 2,600 outlets in the while conducting the games, are not allowed were to go to the Conservation Trust Fund state, and they are especially busy Wednes- to play bingo themselves, and no under age ‘‘unless otherwise provided by statute,’’ so days and Staturdays, when the winning num- 14 is permitted to assist. Participants must the General Assembly determined that lot- bers for the lotto jackpot are drawn. The be 18 or older to play bingo or purchase tery proceeds were an appropriate source of largest non-lotto prize to date has been pulltabs. revenue for correctional facilities. Instead of $8,350,000, won by a Grand Junction man in The gross amount wagered on bingo and all of the proceeds going for local parks, rec- 1986, while lotto’s largest jackpot, $27 mil- raffle games in 1995 was nearly $221 million. reational facilities and open space, a large lion, was won by a Boulder woman in 1992. State revenues from the tax on proceeds percentage was diverted to build more prison LIMITED GAMING space and to reimburse counties for housing amounted to almost $1.3 million in fiscal In the 1990 general election Colorado voters year 1994–95, while license fees added $171,000. inmates for whom the state had no space. The Distribution of Lottery Proceeds chart approved a constitutional amendment (Colo- (Source: Secretary of State, Licensing and rado Constitution, Article XVIII, Section 9) Elections Division) shows that the dollars going to capital con- struction for prisons were significant, while that legalized limited gaming in the state LOTTERY AND LOTTO those for the Conservation Trust Fund and beginning October 1, 1991. A primary focus To generate more revenue for ever-increas- the Division of Parks and Recreation were for the limited gaming proceeds was to be ing expenses, states began sponsoring lotter- held down until the early 1990s. historical preservation statewide, and much ies in the mid-1960s, with the first in New Adding electronic lotto games was seen as of the basic framework was outlined in the Hampshire in 1964. More and more states a way to generate more money for correc- amendment. Responsibility for setting up a jumped on the bandwagon, and by the end of tional facilities, and in the mid-80s legisla- commission to operate and oversee gaming the 1970s there were 14 state-sponsored lot- tors began to discuss adding lotto. One of the activities was assigned to the General As- teries, primarily in New England and other major objections to this plan was that this sembly. In their enabling legislation, the eastern states. This total has since grown to money was for prison construction only, and lawmakers stated, ‘‘Public confidence and 37 states and the District of Columbia. there was no funding mechanism in place to trust can be maintained only by strict regu- Lottery proceeds are often earmarked for a operate the new prisons. Nevertheless, lotto lation of all persons, locations, practices, as- variety of state purposes, with 17 states was added to the division in 1988, with its sociations, and activities related to the oper- using the funds for education. Others use lot- proceeds targeted for correctional facilities. ation of licensed gaming establishments and tery proceeds to help fund economic develop- In 1991, an additional game, keno, was added. the manufacture or distribution of gaming ment, tourism, property tax relief and senior Having the lottery proceeds siphoned off devices and equipment.’’ (Source: Colorado citizen programs, while Nebraska dedicates a for prison needs instigated supporters of Revised Statutes, 12–47.1–102) July 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1285 ‘‘Limited gaming’’ was defined as using The Contiguous County Impact Fund is a casinos will pass spectator sports this year slot machines or playing card games (black- response to the increased governmental serv- and become second only to movies as a form jack or poker) with a maximum single bet of ices associated with gaming, including addi- of entertainment in the United States. five dollars. The activity is restricted to just tional law enforcement and social services. Pros and cons of the gaming industry are three sites in the state: Central City, Black Money is distributed to the eight counties argued in many forums, and a consensus Hawk and Cripple Creek. Two additional ca- immediately surrounding Gilpin and Teller opinion will possibly never be achieved. It is sinos are located in the southwestern part of Counties and also to the three counties in apparent, though, that those empowered to the state on Indian reservation land belong- southwest Colorado bordering the Indian implement gaming in Colorado have done so ing to the Ute Mountain Ute and the South- gaming areas. with a great deal of regulatory control. As ern Ute Tribes. While Colorado has a com- Lawmakers have set aside 2.4% from the the industry continues to develop, it appears pact with the two tribes pertaining to gam- general fund allotment for the state High- certain that all of the interested parties will ing activities, their casinos are subject to way Fund beginning in fiscal year 1995–96 be monitoring it closely. taxation nor are they required to report and continuing each year thereafter. This f their revenues to the state. fund transfer is to help offset the increased In the three mountain towns, however, cost of road maintenance due to limited DEPARTMENTS OF LABOR, gaming is so tightly controlled that even the gaming. HEALTH AND HUMAN SERVICES, casino structures must conform to pre-World The amount earmarked for the state His- AND EDUCATION, AND RELATED War I designs so that their architectural torical Fund is apportioned in a 20/80 split, styles fit in with the existing buildings. AGENCIES APPROPRIATIONS with 20% going to the three towns in propor- Gaming establishments are confined to the ACT, 1997 tion to their gaming revenues and 80% to commercial districts of the three towns and other historical preservation and restoration cannot operate between 2:00 a.m. and 8:00 SPEECH OF projects throughout the state. (Source Colo- a.m. The Limited Gaming Control Commission rado Division of Gaming, Gaming in Colo- HON. ROB PORTMAN in the Division of Gaming falls under the rado—Factbook & 1995 Abstract) OF OHIO aegis of the Department of Revenue. Com- LOOKING AHEAD IN THE HOUSE OF REPRESENTATIVES mission members are appointed by the Gov- Every year during the legislative session, Thursday, July 11, 1996 ernor and confirmed by the state Senate. state lawmakers consider new bills related The five members cannot include more than to the gaming industry. In the 1996 session The House in Committee of the Whole three from one political party, and no two these proposals ran the gamut from prohibit- House on the State of the Union had under members can live in the same congressional ing anyone under 21 from being in gaming consideration the bill (H.R. 3755) making ap- district, which means that five of Colorado’s areas to establishing a Compulsive Gambling propriations for the Departments of Labor, six congressional districts have a representa- Prevention Program. One bill authorizes the Health and Human Services, and Education, tive on the commission. The commission use of portable, hand-held electronic bingo and related agencies, for the fiscal year end- must include a law enforcement officer, a minders that will aid persons with disabil- ing September 30, 1997, and for other pur- practicing attorney with experience in regu- ities. poses: latory law, a certified public accountant or A bill expanding simulcast coverage of Mr. PORTMAN. Mr. Chairman, I rise to ex- public accountant with corporate finance ex- horse races to additional off-track betting press my strong support for the amendment perience, a management-level business per- sites became law, while one establishing a offered by the gentleman from Kentucky [Mr. son, and a registered voter who is not em- fee, payable by owners of racing animals, to ployed in any of the preceding professions. cover random drug testing of the animals did BUNNING]. Members serve staggered four-year terms not. This function is currently being pro- As you know, a recent General Accounting and are compensated in a similar manner as vided by the Department of Revenue at a Office [GAO] report brought to our attention the Lottery Commission, though there is a cost in 1994–95 of nearly $300,000 from the the recent surge in taxpayer-financed spend- maximum limit of $10,000 per member per general fund. A resolution was proposed to ing for union activities at the Social Security year. Five types of licenses, which must be earmark $7 million or at least 25% of GOCO’s Administration. Mr. Speaker, I strongly believe renewed annually, are issued by the commis- annual lottery proceeds for construction and we need to protect the Social Security trust sion. Slot machine manufacturers, distribu- maintenance of highway rest areas. This res- tors and operators pay $1,000 per license, funds to ensure the security of the benefits olution was not adopted by the lawmakers, that our seniors deserve. while the cost for a retail gaming license is nor was another that would have increased $250. A person in charge of all gaming activi- the maximum allowable bet in limited gam- I do not challenge the right of Social Secu- ties at a casino, known as a key employee, ing establishments from $5 to $100. It would rity Administration employees to have rep- pays $150 for an initial license, $100 for a re- also have permitted additional games, in- resentationÐbut I do challenge the fact that newal. Support employees pay $100 for origi- cluding craps, roulette and baccarat. Similar money from the Social Security trust funds, nal licenses, $75 for renewals. measures will likely be introduced in future which is collected from the payroll taxes of In addition to overseeing gaming activi- years. Immediately after limited gaming ties, the commission is required to set the millions of hard-working Americans, is being began in the three mountain towns, numer- gaming tax rate on an annual basis. Cur- used to finance greatly expanded union activ- ous other communities tried to gain ap- rently in effect is a four-tiered system under ity over the past few years. proval to expand this revenue source to their which the licensees pay percentages of their Let's insure the integrity of the Social Secu- towns. As yet, none has been successful, but adjusted gross proceeds into the Limited the debate continues over the merits of this rity trust funds and put an end to this abuse Gaming Fund. From that fund, the state seemingly ‘‘easy’’ source of money. Some of taxpayer dollars. I urge my colleagues to Treasurer pays all commission expenses and support the Bunning amendment. all costs of running the Division of Gaming. critics question whether the historical sig- No state general fund-money is used to fi- nificance of the gaming towns is being f nance any portion of limited gaming, and gradually obscured. If this is so, is the reve- nue brought in a worthwhile tradeoff? REMARKS AT THE NAMING CERE- other than keeping a required balance in the MONY FOR THE USNS GORDON account, the Treasurer distributes the re- An editorial in the April 14, 1996, Rocky mainder in the fund at the end of each fiscal Mountain News was less than enthusiastic year. about the expansion of and dependence on gambling as a public revenue source. It stat- HON. JOHN P. MURTHA Distribution of the Limited Gaming Fund OF PENNSYLVANIA is established by the General Assembly (Col- ed, ‘‘the main reason for this growth is that IN THE HOUSE OF REPRESENTATIVES orado Revised Statutes, 12–47.1–701). In addi- states and communities have locked onto tion, the General Assembly has the discre- gambling as a quick-fix * * * at a time of Friday, July 12, 1996 widespread anti-tax sentiment.’’ It also tion to further designate portions from the Mr. MURTHA. Mr. Speaker, on July 4th I general funds’s 50% share. For fiscal year pointed out that the poor gamble more than 1994–95, the lawmakers allocated portions to the affluent, citing a Maryland study which was the speaker at the naming of the USNS the Tourism Promotion Fund, the Municipal showed people with annual incomes over Gordon. Impact Fund, the Contiguous County Fund $50,000 spent $2.57 a week on lottery tickets, The ship was being named for a Congres- and the Colorado Department of Transpor- while those earning less than $10,000 spent sional Medal of Honor winner killed in Soma- tation. $7.30. lia. Mrs. Gordon spoke to the audience, and I There had been concern that local govern- While some may think using gambling as a thought her words were so appropriate to the ment entities were ill-equipped to handle the revenue source is questionable public policy, ceremony, and to describing what it means to projected increase in crime and traffic con- an article in the April 16, 1996, issue of The trol. Some citizens worried that their towns Denver Post pointed out that, according to a be part of the American military, and to be would struggle to deliver some of the most recent survey, Colorado residents visit casi- part of an American military family. basic necessities, including an adequate nos twice as often as the national average. I thought it was very appropriate for Mrs. water supply, even with the increased money With the popularity of the gaming industry Gordon's remarks to be part of the CONGRES- coming their way. growing so quickly, the article predicts that SIONAL RECORD. E1286 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1996

REMARKS BY MRS. CARMEN GORDON AT THE When he called my grandparents for per- vision news around the clock, Gary came NAMING CEREMONY FOR USNS GORDON (T– mission to take me out, he was turned down back, safe. One night when I told him of my AKR 296) flat. She’s too young, they told him. And so, fears, he laid a gentle hand on my cheek and Thank you for that kind introduction and in the way that I was to find out was unique- said quietly, ‘‘Carmen, don’t worry about the opportunity to be here with you today. ly Gary, he set out to wait three years. things we can’t change.’’ I’d like to tell you about Gary. Faithful and sparsely emotional letters Just behind a small door in his bedroom about his new life in the Army arrived regu- I know that death often leaves us with the closet, my son Ian has stored the treasures larly. On the day I turned 16, I sat in my haunting question ‘‘Why?’’ I know why Gary dearest to him. The uniforms his father grandparents’ living room and watched as died. He died because he was true to his own wore, the canteens he drank from, the ham- his motorcycle pulled into the driveway, my code for living—trying to help someone else. mock he slung in so many corners of the palms sweaty on my freshly ironed dress. A Fear would have kept Gary from doing what world, are there. The boots that took his dad few hours of talk, a quick first kiss in the he needed to do, what he wanted to do, what through desert and jungle now lace up rec room, and Gary left to be back at his he had prepared all his life to do. There is around Ian’s small ankles. They are all piled base, miles away. So began our slow dance of rare strength in the creed he shared with his neatly together by a little boy’s hands and love, one that would give us so much in so comrades: ‘‘I shall not fail those with whom sought out during quiet times. short a time. I serve.’’ We had five summers and winters together, My daughter Brittany keeps a photograph Gary lies buried only a few miles from of her daddy next to her small white bed, the the births of a son and daughter setting a rhythm to such sweet time. On Sunday where I first saw him on that sunny Maine big 8 by 10 of him smiling straight through morning. It is a spare and simple place, open to her. It is the first thing she packs when mornings when Ian was still so small, Gary would fill a baby mug with watered down to the weather and bordered by woods that leaving home, and the first thing she un- change with the seasons. He is not alone now packs when she arrives anywhere. coffee. Folding a section of the newspaper to in that corner of the cemetery. His father These are comfort to my children. And a fit Ian’s chubby hands, the two of them source of pride. But most important, Gary’s would sit together quietly, turning the pages Duane, who died suddenly of a heart attack children can see and feel these reminders of and sipping from their cups. Gary’s love for last week, was laid to rest alongside his son, their father to keep him close. Brittany was just as strong. Every day when not far from the paper mill where he gave so In much the same way, the ship that we he arrived home from work, Brittany would many years of hard work. christen here today—the USNS Gordon— run to meet him, his big hands scooping her A gentle, sometimes restless wind bends gives us faith that Gary’s spirit will go for- up and rubbing her bald head where baby the flowers and stirs the flags that are al- ward, his ideals and his beliefs honored by hair had yet to grow. We never knew when ways there on Gary’s military headstone, those who know of him and the life he so these times would be interrupted by a day below the chiseled words ‘‘Beloved Husband willingly gave. that brought Gary home with his head and Father,’’ and the coin of his unit pressed The very first time I laid eyes on Gary shaved, anticipation in his voice and a time- into white stone. I hope that some gentle Gordon was the second month of my thir- table for leaving. wind will always guide this ship to sea and teenth summer. I was staying with my I never worried when Gary left on a mis- keep her on a safe and steady course. grandparents in rural Maine. Every week we sion. As I cheerfully kissed him goodbye and made a trip into town for supplies. One hot waved confidently from our front porch, it And when that wind strokes the cheeks of afternoon in front of Newberry’s Department never occurred to me to be afraid. Because my children lying in their beds at night, and store, I saw a boy washing windows. You Gary was never afraid. My safe world was Ian and Brittany ask me to tell them what never forget the first time that you see your shaken in December of 1989 with the invasion course the USNS Gordon is striking under first love. I watched him as he worked, calm of Panama and the realization that my hus- the stars, I can tell them that she is on the and purposeful and quiet. Then he looked at band was in the middle of it. Along with same course their father chose: Headed for me, and I knew this was no ordinary boy. other young mothers clutching infants, I sat distant shores, answering the call of those in This boy could win my heart. in a darkened living room and watched tele- need. Friday, July 12, 1996 Daily Digest Senate Nominations Received: Senate received the follow- Chamber Action ing nominations: Routine Proceedings, pages S7797–S7837 Edward McGaffigan, Jr., of Virginia, to be a Measures Introduced: Three bills and one resolu- Member of the Nuclear Regulatory Commission for tion were introduced, as follows: S. 1950–1952, and the term of five years expiring June 30, 2000. S. Res. 278. Pages S7816, S7825±26, S7835±36 Nils J. Diaz, of Florida, to be a Member of the Nuclear Regulatory Commission for the term of five Measures Passed: years expiring June 30, 2001. Page S7837 Authorizing Testimony: Senate agreed to S. Res. Messages From the House: Page S7815 278, to authorize testimony, production of docu- ments, and representation of Senate employee in State Communications: Page S7815 of Florida v. Kathleen Bush. Pages S7835±36 Petitions: Pages S7815±16 Traumatic Brain Injury Study: Senate passed Statements on Introduced Bills: Pages S7816±25 H.R. 248, to amend the Public Health Service Act Additional Cosponsors: Page S7825 to provide for the conduct of expanded studies and the establishment of innovative programs with re- Amendments Submitted: Pages S7826±35 spect to traumatic brain injury, clearing the measure Additional Statements: Page S7835 for the President. Page S7836 Adjournment: Senate convened at 9:30 a.m., and Developmental Disabilities Assistance: Commit- adjourned at 12:48 p.m., until 9 a.m., on Tuesday, tee on Labor and Human Resources was discharged July 16, 1996. (For Senate’s program, see the re- from further consideration of S. 1757, to amend the marks of the Acting Majority Leader in today’s Developmental Disabilities Assistance and Bill of Record on page S7837.) Rights Act to extend the Act, and the bill was then passed. Page S7836 Committee Meetings Nominations Confirmed: Senate confirmed the fol- lowing nominations: (Committees not listed did not meet) W. Craig Broadwater, of West Virginia, to be United States District Judge for the Northern Dis- APPROPRIATIONS—INTERIOR trict of West Virginia. Committee on Appropriations: Subcommittee on Interior Andrew S. Effron, of Virginia, to be a Judge of approved for full committee consideration, with the United States Court of Appeals for the Armed amendments, H.R. 3662, making appropriations for Forces for the term of fifteen years to expire on the the Department of the Interior and related agencies date prescribed by law. for the fiscal year ending September 30, 1997.

D734 July 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D735 House of Representatives ployment discrimination based upon sexual orienta- Chamber Action tion. Pages H7501±03 Bills Introduced: 14 public bills, H.R. 3799–3812; Rejected: 1 private bill, H.R. 3813; and 1 resolution, H. Res. The Frank of Massachusetts amendment that 477 were introduced. Pages H7532±33 sought to strike the provision which defines for Fed- Reports Filed: Reports were filed as follows: eral purposes marriage and spouse as a legal union Committee on Appropriations report on the Re- between a man and woman, as husband and wife; vised Subdivision of Budget Totals for Fiscal Year and Pages H7481±97 1997 (H. Rept. 104–672); The Frank of Massachusetts amendment that sought to suspend the Federal definition of marriage H.R. 3249, to authorize appropriations for a min- when a state through its normal democratic process ing institute to develop domestic technological capa- determines a definition different than that which is bilities for the recovery of minerals from the nation’s provided in the measure (rejected by a recorded vote seabed, amended (H. Rept. 194–673); of 103 ayes to 311 noes, Roll No. 314). S. 1459, to provide for uniform management of Pages H7498±H7501 livestock grazing on Federal land, amended (H. Agreed by unanimous consent to withdraw the Rept. 104–674 Part 1); and Gunderson motion that the Committee rise and H.R. 3586, to amend title 5, United States Code, strike the enacting clause. Pages H7497±98 to strengthen veterans’ preference, to increase em- ployment opportunities for veterans, amended (H. Legislative Program: The Majority Whip an- nounced the legislative program for the week of July Rept. 104–675). Page H7532 15. Agreed to adjourn from Friday to Tuesday. Speaker Pro Tempore: Read a letter from the Pages H7506±07 Speaker wherein he appointed Representative Taylor Meeting Hour: Agreed that when the House ad- of North Carolina to act as Speaker pro tempore for journs on Friday, it adjourn to meet at 10:30 a.m. today. Page H7477 on Tuesday, July 16, for morning hour debates. Bill Emerson Good Samaritan Food Donation Page H7507 Act: The House voted to suspend the rules and pass Calendar Wednesday: Agreed to dispense with Cal- H.R. 2428, as amended, to encourage the donation endar Wednesday business of July 17. Page H7507 of food and grocery products to nonprofit organiza- tions for distribution to needy individuals by giving Congressional Family Picnic: House Agreed to H. the Model Good Samaritan Food Donation Act the Con. Res. 198, authorizing the use of the Capitol Grounds for the first annual Congressional Family full force and effect of law. Pages H7477±80 Picnic. Page H7507 Recess: The House recessed at 9:25 a.m. and recon- Amendments: Amendments ordered printed pursu- vened at 11:12 a.m. Page H7480 ant to the rule appear on page H7533. Defense of Marriage Act: By a recorded vote of Senate Messages: Message received from the Senate 342 ayes to 67 noes with 2 voting ‘‘present’’, Roll appears on page H7480. No. 316, the House passed H.R. 3396, to define and protect the institution of marriage. Pages H7480±H7506 Quorum Calls—Votes: One yea-and-nay vote and By a yea-and-nay vote of 164 yeas to 249 nays, two recorded votes developed during the proceedings Roll No. 315, rejected the Berman motion to recom- of the House today and appear on pages H7501, mit the bill back to the Committee on the Judiciary H7505, and H7505–06. There were no quorum with instructions to report the bill back forthwith calls. with an amendment that sought to require a study Adjournment: Met at 9 a.m. and adjourned at 4:47 of the differences in benefits, rights, and privileges p.m. available to persons in a marriage and to persons in a domestic partnership. Pages H7503±05 Sustained the point of order against the Jackson- Committee Meetings Lee motion to recommit the bill back to the Com- mittee on the Judiciary with instructions to report DISTRICT OF COLUMBIA APPROPRIATIONS the bill back forthwith with an amendment that Committee on Appropriations: Subcommittee on the sought to add sections to the bill prohibiting em- District of Columbia approved for full Committee D736 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 1996 action the District of Columbia appropriations for original bill making appropriations for energy and water fiscal year 1997. development for the fiscal year ending September 30, 1997, 2 p.m.; Thursday, business meeting, to mark up GSA LEASING PROGRAM—OVERVIEW H.R. 3675, making appropriations for the Department of Committee on Transportation and Infrastructure: Sub- Transportation and related agencies for the fiscal year committee on Public Buildings and Economic De- ending September 30, 1997, and H.R. 3754, making ap- velopment held a hearing on Overview of GSA Leas- propriations for the Legislative Branch for the fiscal year ing Program. Testimony was heard from the follow- ending September 30, 1997, 2 p.m.; SD–192. ing officials of the GSA: Robert Peck, Commis- July 16, Subcommittee on Labor, Health and Human Services, and Education, to hold hearings on proposed sioner, Public Buildings Service; and William budget estimates for fiscal year 1997 for the Department Whyte, Jr., Assistant Inspector General, Audits; and of Education, 2 p.m., SD–138. a public witness. July 18, Subcommittee on District of Columbia, to MEDICARE CHOICES AND COMPETITIVE hold hearings on proposed budget estimates for fiscal year PRICING DEMONSTRATION PROJECTS 1997 for the Government of the District of Columbia, 9:30 a.m., SD–138. Committee on Ways and Means: Subcommittee on Committee on Banking, Housing, and Urban Affairs: July Health held a hearing on the Administration’s Medi- 18, to hold hearings to review the Federal Reserve’s semi- care Choices and Competitive Pricing Demonstration annual monetary policy report (Humphrey-Hawkins), 10 Projects. Testimony was heard from Bruce Vladeck, a.m., SH–216. Administrator, Health Care Financing Administra- Committee on Commerce, Science, and Transportation: July tion, Department of Health and Human Services; 17, to hold hearings on issues relating to Federal Avia- and public witnesses. tion Administration safety oversight, 9:30 a.m., SR–253. Committee on Energy and Natural Resources: July 18, Sub- f committee on Parks, Historic Preservation and Recre- CONGRESSIONAL PROGRAM AHEAD ation, to hold hearings on S. 988, to direct the Secretary of the Interior to transfer administrative jurisdiction over Week of July 15 through 20, 1996 certain land to the Secretary of the Army to facilitate construction of a jetty and sand transfer system, and S. Senate Chamber 1805, to provide for the management of Voyageurs Na- On Monday, Senate will not be in session. tional Park, 9:30 a.m., SD–366. On Tuesday, Senate will vote on a motion to pro- Committee on Foreign Relations: July 16, Subcommittee ceed to consideration of S. 1936, Nuclear Waste Pol- on Western Hemisphere and Peace Corps Affairs, to hold icy, and if cloture is not invoked, vote on a motion hearings to examine the new international threat of ‘‘date- rape drug’’ trafficking, 2 p.m., SD–419. to close further debate on S. 1894, DOD Appropria- July 17, Full Committee, to hold hearings on Extra- tions, 1997. dition Treaties with Hungary (Treaty Doc. 104–5), Bel- During the balance of the week, Senate expects to gium (Treaty Doc. 104–7), Belgium (104–8), Switzerland complete consideration of S. 1894, DOD Appropria- (Treaty Doc. 104–9), Philippines (Treaty Doc. 104–16), tions, 1997, and may also consider the following: Bolivia (Treaty Doc. 104–22), and Malaysia (Treaty Doc. H.R. 3540, Foreign Operations Appropriations, 104–26), and Mutual Legal Assistance Treaties with 1997; Korea (Treaty Doc. 104–1), Great Britain (Treaty Doc. Further appropriations bills: and 104–2), Philippines (Treaty Doc. 104–18), Hungary Any cleared executive and legislative business, and (Treaty Doc. 104–20), and Austria (Treaty Doc. 104–21), conference reports, when available. 10:30 a.m., SD–419. (Senate will recess on Tuesday, July 16, 1996 from July 18, Subcommittee on East Asian and Pacific Af- fairs, to hold hearings on certain issues with regard to 12:30 p.m. until 2:15 p.m. for respective party con- Hong Kong, 2 p.m., SD–419. ferences.) July 19, Full Committee, to hold hearings on the nom- Senate Committees ination of Jeffrey S. Davidow, of Virginia, to be an As- sistant Secretary of State for Inter-American Affairs, 11 (Committee meetings are open unless otherwise indicated) a.m., SD–419. Committee on Appropriations: July 16, Subcommittee on Committee on Governmental Affairs: July 16, Permanent Transportation, business meeting, to mark up H.R. 3675, Subcommittee on Investigations, to resume hearings to making appropriations for the Department of Transpor- examine the vulnerabilities of national computer informa- tation and related agencies for the fiscal year ending Sep- tion systems and networks, and Federal efforts to promote tember 30, 1997, 10 a.m., SD–124. security within the information infrastructure, 9:30 a.m., July 16 and 18, Full Committee, Tuesday, business SD–342. meeting, to mark up H.R. 3662, making appropriations July 16, Full Committee, to resume hearings on S. for the Department of the Interior and related agencies 1629, to protect the rights of the States and the people for the fiscal year ending September 30, 1997, and an from abuse by the Federal Government, to strengthen the July 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D737 partnership and the intergovernmental relationship be- Select Committee on Intelligence: July 17, to hold hearings tween State and Federal governments, to restrain Federal to examine the use of journalists and clergy for collection agencies from exceeding their authority, and to enforce of intelligence, 9:30 a.m., SH–216. the Tenth Amendment to the U.S. Constitution, 2 p.m., July 17, Full Committee, to hold closed hearings on SD–342. intelligence matters, 2 p.m., SH–219. July 17, Subcommittee on Oversight of Government Management and The District of Columbia, to hold over- House Chamber sight hearings on the implementation of the Information Monday, No legislative business is scheduled. Technology Management Act of 1996, 9:30 a.m., Tuesday, Consideration of the following 8 Suspen- SD–342. sions: July 17, Full Committee, to hold hearings on the Na- 1. H.R. 3166, Government Accountability Act of tional Fine Center, 2 p.m., SD–342. 1996; July 18, Full Committee, to hold hearings to review 2. H.R. 3458, Veterans’ Compensation Cost-of- section 1121 of the Senate-passed Department of Defense Living Adjustment Act of 1996; Authorization Bill (S. 1745) relating to pilot programs for Defense employees converted to contractor employees 3. H.R. 3643, Extending Benefits to Veterans Ex- due to privatization at closed military installations, 10 posed to Agent Orange; a.m., SD–342. 4. H.R. 3673, Veterans’ Compensation and Read- Committee on the Judiciary: July 16, business meeting, to justment Benefits Amendments of 1996; consider pending calendar business, 10 a.m., SD–226. 5. H.R. 3674, Veterans’ Education and Com- July 17, Full Committee, to hold hearings to examine pensation Benefits Amendments of 1996; the development of State criminal identification systems, 6. H.R. 361, Omnibus Export Administration Act 10 a.m., SD–226. of 1995; July 18, Full Committee, to resume hearings to exam- 7. H.R. 3161, Extend MFN to Romania; and ine the dissemination of Federal Bureau of Investigation 8. H.R. 1975, Federal Oil and Gas Simplification background investigation reports and other information to and Fairness Act of 1995. the White House, 10 a.m., SD–226. Committee on Labor and Human Resources: July 16, Sub- Consideration of H.R. 3756, Treasury, Postal committee on Aging, to resume hearings to examine the Service, and General Government Appropriations scope of challenges facing America’s aging society, focus- Act for FY 1997 (open rule, 1 hour of general de- ing on whether working Americans are adequately pre- bate). paring for retirement and what may impede their ability Note: No recorded votes are expected before 5:00 p.m. to do so, 9 a.m., SD–430. on Tuesday. July 17, Full Committee, business meeting, to mark Wednesday, Consideration of H.R. ——, Com- up S. Con. Res. 52, to recognize and encourage the con- merce, Justice, State and the Judiciary Appropria- vening of a National Silver Haired Congress, S. 1897, to tions Act for FY 1997; revise and extend certain programs relating to the Na- Thursday, Consideration of H.R. 3760, Campaign tional Institutes of Health, and S. 1490, to improve en- Finance Reform (subject to a rule); and forcement of Title I of the Employee Retirement Income Security Act of 1974 and benefit security for participants Consideration of H.R. 3734, Budget Reconcili- by adding certain provisions with respect to the auditing ation for FY 1997 (subject to a rule). of employee benefit plans, 9:30 a.m., SD–430. Friday, No legislative business is scheduled. July 18, Subcommittee on Children and Families, to NOTE: Conference reports may be brought up at hold hearings to examine issues relating to youth vio- any time. lence, 1:30 p.m., SD–430. Any further program will be announced later. Committee on Rules and Administration: July 16, to re- sume hearings to examine the role of the Federal Deposi- House Committees tory Library Program of the Government Printing Office Committee on Agriculture, July 17, Subcommittee on Re- in ensuring public access to Government information, source Conservation, Research, and Forestry, hearing to 9:30 a.m., SR–301. review agricultural extension programs administered by Committee on Indian Affairs: July 18, business meeting, the USDA, 9:30 a.m., 1300 Longworth. to mark up S. 1264, to provide for certain benefits of the Committee on Appropriations, July 16, to mark up the Missouri River Basin Pick-Sloan project to the Crow Energy and Water Development appropriations for fiscal Creek Sioux Tribe, S. 1834, to authorize funds for the In- year 1997, 10 a.m., 2360 Rayburn. dian Environmental General Assistance Program Act, S. Committee on Banking and Financial Services, July 16, 1869, to make certain technical corrections in the Indian Subcommittee on Domestic and International Monetary Health Care Improvement Act, and proposed legislation Policy, hearing regarding the future of the Penny, 2 p.m., to amend the Indian Child Welfare Act; to be followed 2128 Rayburn. by hearings on H.R. 2464, to provide additional lands July 18, Subcommittee on Domestic and International within the State of Utah for the Goshute Indian Reserva- Monetary Policy, to mark up H.R. 3727, ATM Fee Re- tion, 9:30 a.m., SR–485. form Act of 1996, 9:30 a.m., 2128 Rayburn. D738 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 1996

July 18, Subcommittee on Domestic and International tinue to participate in that case after taking senior status; Monetary Policy, hearing on BEP procurement exemption H.R. 3215, to amend title 18, United States Code, to re- and the state of the Hamilton Web-Fed Press, 2 p.m., peal the provisions relating to Federal employees contract- 2222 Rayburn. ing or trading with Indians; H.R. 3565, Violent Youth Committee on the Budget, July 17, to continue hearings Predator Act of 1996; H.R. 2092, Private Security Offi- on ‘‘How Did We Get Here From There?’’ A Discussion cer Quality Assurance Act of 1995; H.R. 2128, Equal of the Evolution of the Budget Process from 1974 to the Opportunity Act of 1995; H.R. 351, Bilingual Voting Present, 10 a.m., 210 Cannon. Requirements Repeal Act of 1995; H.R. 3435, Lobbying Committee on Commerce, July 18, Subcommittee on Tele- Disclosure Technical Amendments Act of 1996; H.R. communications and Finance, oversight hearing on the 3680, War Crimes Act of 1996; H.R. 3307, Regulatory implementation of the Telecommunications Act of 1996, Fair Warning Act; H.J. Res. 113, granting the consent 10 a.m., 2123 Rayburn. of Congress to the compact to provide for joint natural Committee on Economic and Educational Opportunities, July resource management and enforcement of laws and regu- 17, Subcommittee on Early Childhood, Youth and Fami- lations pertaining to natural resources and boating at the lies, to mark up the Juvenile Justice and Delinquency Jennings Randolph Lake Project lying in Garrett County, Prevention Act, 10 a.m., 2175 Rayburn. MD, and Mineral County, WV, entered into between the July 18, Subcommittee on Postsecondary Education, States of West Virginia and Maryland; and H.J. Res. Training and Life-long Learning, hearing on the rising 166, granting the consent of Congress to the mutual aid cost of college, 9:30 a.m., 2175 Rayburn. agreement between the city of Bristol, VA, and the city Committee on Government Reform and Oversight, July 16, of Bristol, TN, 9:30 a.m., 2141 Rayburn. Subcommittee on Civil Service, hearing on the Omnibus Committee on National Security, July 17, to mark up Civil Service Reform measure, 1 p.m., 2154 Rayburn. H.R. 3237, Intelligence Community Act, 9:30 a.m., July 16, Subcommittee on Government Management, 2118 Rayburn. Information and Technology, to mark up the following: Committee on Resources, July 16, Subcommittee on Na- H.R. 3452, Presidential and Executive Office Account- tional Parks, Forests and Lands, hearing on the following ability Act; H.R. 1281, War Crimes Disclosure Act; bills: H.R. 3297, to provide for improved access to and H.R. 3637, Travel Reform and Savings Act of 1996; and use of the Boundary Waters Canoe Area Wilderness; H.R. 1907, Federal-aid Facility Privatization Act of H.R. 3298, Voyageurs National Park Intergovernmental 1995; the Electronic Freedom of Information Amend- Council Act of 1996; and H.R. 3470, Minnesota Na- ments of 1996; and the Electronic Reporting and Stream- tional Treasures Conservation and Protection Act, 10 lining Act, 10 a.m., 2154 Rayburn. a.m., 1324 Longworth. July 16, Subcommittee on Human Resources and July 17, full Committee, to markup the following: Intergovernmental Resources, oversight hearing on cur- rent federal approaches to Attention Deficit/Hyperactivity H.R. 3579, to direct the Secretary of the Interior to con- Disorder, 2 p.m., 311 Cannon. vey certain property containing a fish and wildlife facility July 17, full committee, hearing on Security of FBI to the State of Wyoming; H.R. 2505, to amend the Alas- Background Files, 9 a.m., 2154 Rayburn. ka Native Claims Settlement Act to make certain clari- July 18, Subcommittee on Civil Service, to mark up fications to the land bank protection provisions; H.R. the Omnibus Civil Service Reform measure, 9 a.m., 2154 3287, Crawford National Fish Hatchery Conveyance Act; Rayburn. H.R. 3546, Walhalla National Fish Hatchery Conveyance July 18, Subcommittee on National Security, Inter- Act; and H.R. 3557, Marion National Fish Hatchery national Affairs and Criminal Justice, to consider the in- Conveyance Act; H.R. 2122, to designate the Lake Tahoe vestigation into the activities of federal law enforcement Basin National Forest in the States of California and Ne- agencies toward the Branch Davidians, 1:30 p.m., 311 vada to be administered by the Secretary of Agriculture; Cannon. H.R. 2438, to provide for the conveyance of lands to cer- July 18, Subcommittee on Postal Service, to continue tain individuals in Bunnison County, Colorado; H.R. hearings on H.R. 3717, Postal Reform Act of 1996, 2 2518, to authorize the Secretary of Agriculture to ex- p.m., 2247 Rayburn. change certain lands in the Wenatchee National Forest July 19, Subcommittee on the District of Columbia, for certain lands owned by Public Utility District No. 1 oversight hearing on the District of Columbia cash status, of Chelan County, Washington; H.R. 2709, to provide operating deficit, and private financial market access, 9 for the conveyance of certain land to the Del Norte Coun- a.m., 2154 Rayburn. ty Unified School District of Del Norte County, Califor- Committee on International Relations, July 15, Sub- nia; H.R. 3547, to provide for the conveyance of a parcel committee on International Operations and Human of real property in the Apache National Forest in Arizona Rights, to continue hearings on Child Labor, Part II, to the Alpine Elementary School District 7 to be used for 2:30 p.m., 2172 Rayburn. the construction of school facilities and related playing July 17, Subcommittee on Africa, hearing on Africa’s fields; H.R. 3147, to provide for the exchange of certain Environment: The Final Frontier, 2 p.m., 2200 Rayburn. lands in the State of California managed by the Bureau Committee on the Judiciary, July 16, to mark up the fol- of Land Management for certain non-federal lands; H.R. lowing measures: S. 531, to authorize a circuit judge who 2135, to provide for the correction of boundaries of cer- has taken part in an en blanc hearing of a case to con- tain lands in Clark County, Nevada, acquired by persons July 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D739 who purchased such lands in good faith reliance on exist- liner Cabin Air Quality Act of 1995, 1 p.m., 2167 Ray- ing private land surveys; H.R. 2711, to provide for the burn. substitution of timber for the canceled Elkhorn Ridge July 17, Subcommittee on Water Resources and Envi- Timber Sale; and H.R. 2466, Federally Land Exchange ronment and Subcommittee on Coast Guard and Mari- Improvement Act of 1995; H.R. 3534, Mineral King Act time Transportation, joint hearing on H.R. 3217, Na- of 1996; H.R. 3487, National Marine Sanctuaries Preser- tional Invasive Species Act of 1996, 1 p.m., 2167 Ray- vation Act; H.R. 3642, California Indian Land Transfer burn. Act; H.R. 3640, Torres-Martinez Desert Cahuilla Indians June 18, Subcommittee on Public Buildings and Eco- Claims Settlement Act; H.R. 2997, to establish certain nomic Development, to continue oversight hearings on criteria for administrative procedures to extend Federal GSA Leasing Program, 8:30 a.m., 2253 Rayburn. recognition to certain Indian groups; H.R. 2591, Indian July 18, Subcommittee on Surface Transportation, to Federal Recognition Administrative Procedures Act of continue hearings on ISTEA Reauthorization Transpor- 1995; and H.R. 3537, Federal Oceanography Coordina- tation Finance in an Era of Scarce Resources: Innovating tion Improvement Act of 1996, 11 a.m., 1324 Long- Financing, 9:30 a.m., 2167 Rayburn. worth. Committee on Ways and Means, July 16, Subcommittee July 17, Subcommittee on Native American and Insu- on Oversight, hearing on the impact of tax law on land lar Affairs, hearing on the following bills: H.R. 2710, use, 11 a.m., B–318 Rayburn. Hoopa Valley Reservation South Boundary Correction Act July 16, Subcommittee on Trade, hearing on U.S. and H.R. 3671, United Houma Nation Recognition and Trade with Sub-Saharan Africa, 2 p.m., 1100 Longworth. Land Claims Settlement Act of 1996, 2 p.m., 1334 Long- July 18, full committee, hearing on the impact of worth. international competitiveness of replacing the Federal in- July 18, Subcommittee on Energy and Mineral Re- come tax, 10 a.m., 1100 Longworth. sources, to mark up H.R. 2372, Surface Mining Control Permanent Select Committee on Intelligence, July 16, Sub- and Reclamation Amendments Act of 1995, 10 a.m., committee on Human Intelligence, Analysis, and Coun- 1324 Longworth. terintelligence, executive, hearing on Politicization of In- July 18, Subcommittee on National Parks, Forests, and telligence Collection Regarding Haiti, 2 p.m., H–405 Lands, oversight hearing on National Park Service Con- Capitol. cessions, 10 a.m., 1334 Longworth. July 17, full Committee, executive, hearing on Reserve Committee on Rules, July 16, to consider the Department Release, 10 a.m., H–405 Capitol. of Commerce, Justice, and State, the Judiciary, and relat- July 18, full Committee, the Committee on Inter- ed agencies for the fiscal year ending September 30, national Relations and the Committee on the Judiciary, 1997, 4 p.m., H–313 Capitol. executive, joint briefing on Encryption Policy, 1:30 p.m. July 17, hearing to further examine congressional re- S–407 Capitol. form proposals, 10 a.m., H–313 Capitol. Committee on Science, July 18, Subcommittee on Space Joint Meetings and Aeronautics, hearing on NASA’s Uncosted Carry- Conferees: July 17, on H.R. 1617, to consolidate and re- Over, 10 a.m. , 2318 Rayburn. form workforce development and literacy programs, 3 Committee on Small Business, July 16, hearing on Unfair p.m., Room to be announced. Government Competition with Small Business, 10 a.m., Commission on Security and Cooperation in Europe: July 18, 2359 Rayburn. to hold hearings to examine property restitution, com- Committee on Transportation and Infrastructure, July 16, pensation, and preservation in post-Communist Europe, Subcommittee on Aviation, hearing on H.R. 969, Air- 10 a.m., 2255 Rayburn Building. D740 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:00 a.m., Tuesday, July 16 10:30 a.m., Tuesday, July 16 Senate Chamber House Chamber Program for Tuesday: At 10 a.m., upon the establishment of Program for Tuesday: Consideration of the following 8 Sus- a quorum, Senate will vote on a motion to close further debate pensions: on the motion to proceed to S. 1936, Nuclear Waste Policy, 1. H.R. 3166, Government Accountability Act of 1996; and if cloture is not invoked, Senate will vote on a motion to 2. H.R. 3458, Veterans’ Compensation Cost-of-Living Ad- close further debate on S. 1894, DOD Appropriations, 1997. justment Act of 1996; (Senate will recess from 12:30 p.m. until 2:15 p.m. for respective 3. H.R. 3643, Extending Benefits to Veterans Exposed to party conferences.) Agent Orange; 4. H.R. 3673, Veterans’ Compensation and Readjustment Benefits Amendments of 1996; 5. H.R. 3674, Veterans’ Education and Compensation Bene- fits Amendments of 1996; 6. H.R. 361, Omnibus Export Administration Act of 1995; 7. H.R. 3161, Extend MFN to Romania; and 8. H.R. 1975, Federal Oil and Gas Simplification and Fair- ness Act of 1995. Consideration of H.R. 3756, Treasury, Postal Service, and General Government Appropriations Act for FY 1997 (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Jon D., Pa., E1267 Mink, Patsy T., Hawaii, E1270 Gilman, Benjamin A., N.Y., E1266 Murtha, John P., Pa., E1285 Allard, Wayne, Colo., E1283 Hastert, J. Dennis, Ill., E1282 Oberstar, James L., Minn., E1267 Bentsen, Ken, Tex., E1281 Hinchey, Maurice D., N.Y., E1278 Ortiz, Solomon P., Tex., E1276 Bilbray, Brian P., Calif., E1269, E1271 Hoke, Martin R., Ohio, E1277 Pastor, Ed, Ariz., E1274 Bilirakis, Michael, Fla., E1283 Jackson-Lee, Sheila, Tex., E1276, E1279 Payne, Donald M., N.J., E1266, E1267, E1269 Blute, Peter, Mass., E1266 Jacobs, Andrew, Jr., Ind., E1271 Pomeroy, Earl, N. Dak., E1268 Christensen, Jon, Nebr., E1272 Kildee, Dale E., Mich., E1273 Portman, Rob, Ohio, E1285 Clayton, Eva M., N.C., E1278 Kolbe, Jim, Ariz., E1280 Quinn, Jack, N.Y., E1272 Collins, Mac, Ga., E1275 Lewis, Ron, Ky., E1265 Romero-Barcelo´ , Carol, PR, E1269 DeLauro, Rosa L., Conn., E1268, E1283 Lipinski, William O., Ill., E1266, E1267 Scarborough, Joe, Fla., E1270, E1273, E1276 Dellums, Ronald V., Calif., E1268 Lofgren, Zoe, Calif., E1267 Schumer, Charles E., N.Y., E1280 Diaz-Balart, Lincoln, Fla., E1281 McDermott, Jim, Wash., E1272 Shaw, E. Clay, Jr., Fla., E1281 Engel, Eliot L., N.Y., E1266, E1267, E1269 McIntosh, David M., Ind., E1273, E1277 Stark, Fortney Pete, Calif., E1278 English, Phil, Pa., E1274 Maloney, Carolyn B., N.Y., E1274, E1282 Tate, Randy, Wash., E1281 Farr, Sam, Calif., E1274 Martinez, Matthew G., Calif., E1275 Torres, Esteban Edward, Calif., E1278 Fazio, Vic, Calif., E1279 Matsui, Robert T., Calif., E1275 Vento, Bruce F., Minn., E1279 Fields, Jack, Tex., E1282 Menendez, Robert, N.J., E1277

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