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

Vol. 144 WASHINGTON, THURSDAY, MAY 14, 1998 No. 61 House of Representatives The House met at 10 a.m. and was Mr. ADERHOLT led the Pledge of Al- The message also announced that the called to order by the Speaker pro tem- legiance as follows: Senate passed bills of the following ti- pore (Mr. NEY). I pledge allegiance to the Flag of the tles, in which concurrence of the House f United States of America, and to the Repub- is requested: lic for which it stands, one nation under God, S. 1244. An act to amend title 11, United DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. States Code, to protect certain charitable PRO TEMPORE f contributions, and for other purposes. The SPEAKER pro tempore laid be- MESSAGE FROM THE SENATE S. 1260. An act to amend the Securities Act fore the House the following commu- of 1933 and the Securities Exchange Act of A message from the Senate by Mr. 1934 to limit the conduct of securities class nication from the Speaker: Lundregan, one of its clerks, an- actions under State law, and for other pur- WASHINGTON, DC, nounced that the Senate had passed poses. May 14, 1998. without amendment concurrent resolu- I hereby designate the Honorable ROBERT tions of the House of the following ti- f W. NEY to act as Speaker pro tempore on this day. tles: NEWT GINGRICH, H. Con. Res. 255. Concurrent resolution au- MOTION TO ADJOURN Speaker of the House of Representatives. thorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby. Mr. SERRANO. Mr. Speaker, I have a f H. Con. Res. 262. Concurrent resolution au- privileged motion to adjourn at the PRAYER thorizing the 1998 District of Columbia Spe- desk. cial Olympics Law Enforcement Torch Run The SPEAKER pro tempore. The The Chaplain, Reverend James David to be run through the Capitol Grounds. H. Con. Res. 263. Concurrent resolution au- Clerk will report the motion. Ford, D.D., offered the following pray- The Clerk read as follows: er: thorizing the use of the Capitol Grounds for Give us, we pray, the gifts of the spir- the seventeenth annual National Peace Offi- Mr. SERRANO moves that the House do now cers’ Memorial Service. adjourn. it. O gracious God, from whom all The message also announced that the blessings flow, remind us that our daily The SPEAKER pro tempore. The Senate had passed with an amendment lives can be filled with benefits that question is on the motion to adjourn in which the concurrence of the House come from Your good spirit. The gifts offered by the gentleman from New is requested, a bill of the House of the of love, joy, peace, patience, kindness, York (Mr. SERRANO). following title: goodness, faithfulness, gentleness, and The question was taken; and the H.R. 2676, An act to amend the Internal Speaker pro tempore announced that self-control. May these lively contribu- Revenue Code of 1986 to restructure and re- tions to the human condition bless, the ayes appeared to have it. form the Internal Revenue Service, and for Mr. SERRANO. Mr. Speaker, I object strengthen and give encouragement to other purposes. to the vote on the ground that a our daily lives and keep us all in Your The message also announced that the grace now and evermore. Amen. quorum is not present and make the Senate insists upon its amendment to point of order that a quorum is not f the bill (H.R. 2676) ‘‘An Act to amend present. the Internal Revenue Code of 1986 to re- THE JOURNAL The SPEAKER pro tempore. Evi- structure and reform the Internal Rev- dently a quorum is not present. The SPEAKER pro tempore. The enue Service, and for other purposes,’’ The Sergeant at Arms will notify ab- Chair has examined the Journal of the requests a conference with the House sent Members. last day’s proceedings and announces on the disagreeing votes of the two The vote was taken by electronic de- to the House his approval thereof. Houses thereon, and appoints Mr. vice, and there were—yeas 15, nays 379, Pursuant to clause 1, rule I, the Jour- ROTH, Mr. CHAFEE, Mr. GRASSLEY, Mr. answered ‘‘present’’ 1, not voting 37, as nal stands approved. HATCH, Mr. MURKOWSKI, Mr. NICKLES, follows: f Mr. GRAMM, Mr. MOYNIHAN, Mr. BAU- CUS, Mr. GRAHAM, Mr. BREAUX, and Mr. [Roll No. 152] PLEDGE OF ALLEGIANCE KERREY; and from the Committee on YEAS—15 The SPEAKER pro tempore. Will the Governmental Affairs: Mr. THOMPSON, Ackerman Frank (MA) McDermott gentleman from Alabama (Mr. Mr. BROWNBACK, Mr. COCHRAN, Mr. Brown (CA) Hoyer McNulty Conyers Johnson, E. B. Sabo ADERHOLT) come forward and lead the DURBIN, and Mr. CLELAND, to be the Eshoo Lewis (GA) Serrano House in the Pledge of Allegiance. conferees on the part of the Senate. Filner Martinez Slaughter

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.

H3259 H3260 CONGRESSIONAL RECORD — HOUSE May 14, 1998 NAYS—379 Rogers Skeen Thurman resentatives who has had the power to uni- Rohrabacher Skelton Tiahrt Abercrombie Ehlers Latham laterally issue subpoenas and the power to Ros-Lehtinen Smith (MI) Tierney disclose information obtained therefrom, and Aderholt Ehrlich LaTourette Roukema Smith (NJ) Towns Allen Emerson Lazio has abused these powers; Roybal-Allard Smith (OR) Turner Whereas the Committee on Standards of Andrews English Leach Royce Smith (TX) Upton Archer Ensign Lee Rush Smith, Adam Velazquez Official Conduct has determined that it is Armey Etheridge Levin Ryun Smith, Linda Vento improper to alter a House document if such Bachus Evans Lewis (CA) Salmon Snowbarger Visclosky alteration changes the meaning or exten- Baesler Everett Lewis (KY) Sanchez Snyder Walsh sively modifies the document; Baker Ewing Linder Sanders Solomon Wamp Whereas the Speaker of the House of Rep- Baldacci Farr Lipinski Sandlin Souder Waters resentatives has correctly and steadfastly Ballenger Fawell Livingston Sanford Spence Watkins called for adherence to the Rule of Law and Barcia Fazio LoBiondo Sawyer Spratt Watt (NC) emphasized that no man is above the law; Barr Foley Lofgren Saxton Stabenow Watts (OK) Barrett (NE) Forbes Lowey Whereas those upon whom the House of Scarborough Stokes Waxman Representatives has bestowed its Constitu- Barrett (WI) Ford Lucas Schaefer, Dan Strickland Weldon (FL) Bartlett Fossella Luther Schaffer, Bob Stump Weller tional power to investigate must abide by Bass Fox Maloney (CT) Schumer Stupak Wexler the Rule of Law, and must exercise the in- Bentsen Franks (NJ) Maloney (NY) Scott Sununu Weygand vestigative power fairly and judiciously and Bereuter Frelinghuysen Manton Sensenbrenner Tanner White in a manner that will preserve the dignity of Berman Frost Manzullo Sessions Tauscher Whitfield the House and reflect credit thereon. Berry Furse Markey Shadegg Tauzin Wicker Whereas the Rules of the House of Rep- Bilbray Gallegly Mascara Shaw Taylor (MS) Wise resentatives provide that documents and Bilirakis Ganske Matsui Shays Taylor (NC) Wolf other materials obtained pursuant to a Com- Bishop Gejdenson McCarthy (MO) Sherman Thomas Woolsey Blagojevich Gekas McCarthy (NY) mittee subpoena are records of the Commit- Shimkus Thompson Wynn tee that may not be publicly disclosed by a Bliley Gephardt McCollum Shuster Thornberry Yates Blumenauer Gibbons McCrery Sisisky Thune Young (FL) chairman without authorization by the Com- Blunt Gilchrest McGovern mittee; Boehlert Gillmor McHale ANSWERED ‘‘PRESENT’’—1 Whereas the Committee on Government Boehner Gilman McHugh DeFazio Reform and Oversight has adopted proce- Bonilla Goode McInnis dures governing the public disclosure of doc- Bonior Goodlatte McIntosh NOT VOTING—37 uments and other materials obtained pursu- Bono Gordon McIntyre Barton Harman Riggs ant to a Committee subpoena; Borski Goss McKeon Bateman Hefner Rothman Boswell Graham McKinney Whereas pursuant to a Committee sub- Becerra Jones Skaggs Boucher Granger Meehan poena, Representative Burton obtained from Bryant Kaptur Stark Boyd Green Meek (FL) the Department of Justice tape recordings of Christensen Kolbe Stearns Brady Gutierrez Menendez the telephone conversations engaged in by Davis (FL) McDade Stenholm Brown (FL) Gutknecht Metcalf Dixon Meeks (NY) Talent Webster Hubbell while in prison; Brown (OH) Hall (OH) Mica Engel Myrick Torres Whereas the Department of Justice advised Bunning Hall (TX) Millender- Fattah Norwood Traficant Representative Burton of his responsibility Burr Hamilton McDonald Fowler Pombo Weldon (PA) to pay special regard to the sensitive nature Burton Hansen Miller (CA) Gonzalez Quinn Young (AK) of the tape recordings, which recordings the Buyer Hastert Miller (FL) Goodling Radanovich Department of Justice could not lawfully Callahan Hastings (FL) Minge Greenwood Reyes Calvert Hastings (WA) Mink disclose to the public; Camp Hayworth Moakley b 1026 Whereas Representative Burton inten- Campbell Hefley Mollohan tionally violated the Rules of the House of Canady Herger Moran (KS) Ms. FURSE, Ms. PELOSI, and Representatives and the procedures of the Cannon Hill Moran (VA) Messrs. RILEY, EWING, DAVIS of Vir- Committee on Government Reform and Over- Capps Hilleary Morella ginia, LATHAM, LEWIS of California, sight and displayed an utter disregard for Cardin Hilliard Murtha and KASICH changed their vote from both the privacy rights of those involved and Carson Hinchey Nadler the ability of the Bureau of Prisons to per- Castle Hinojosa Neal ‘‘yea’’ to ‘‘nay.’’ form its functions effectively by publicly dis- Chabot Hobson Nethercutt So the motion to adjourn was re- Chambliss Hoekstra Neumann closing the tape recordings and transcripts Chenoweth Holden Ney jected. of telephone conversations between Webster Clay Hooley Northup The result of the vote was announced Hubbell and his wife, other family members, Clayton Horn Nussle as above recorded. friends, and attorneys; Clement Hostettler Oberstar f Whereas the transcripts publicly disclosed Clyburn Houghton Obey by Representative Burton in violation of the Coble Hulshof Olver PRIVILEGES OF THE HOUSE—EX- Rules of the House of Representatives and Coburn Hunter Ortiz the procedures of the Committee had been Collins Hutchinson Owens PRESSING DISAPPROVAL OF CONDUCT OF COMMITTEE ON altered and selectively edited so as to mis- Combest Hyde Oxley lead Members of the House of Representa- Condit Inglis Packard GOVERNMENT REFORM AND tives and the public, distort the public Cook Istook Pallone OVERSIGHT’S INVESTIGATION BY Cooksey Jackson (IL) Pappas record; impair the ability of the House of Costello Jackson-Lee Parker REPRESENTATIVE BURTON Representatives to perform its legislative Cox (TX) Pascrell Mr. GEPHARDT. Mr. Speaker, I rise and oversight functions, and violate the in- Coyne Jefferson Pastor tegrity of Committee proceedings. Cramer Jenkins Paul to a question of the privileges of the Whereas the materials publicly disclosed Crane John Paxon House, and I send to the desk a privi- by Representative Burton in violation of the Crapo Johnson (CT) Payne leged resolution (H. Res. 431), pursuant Rules of the House of Representative and the Cubin Johnson (WI) Pease procedures of the Committee contained con- Cummings Johnson, Sam Pelosi to clause 2 of rule IX, and ask for its Cunningham Kanjorski Peterson (MN) immediate consideration. versations between a husband and wife per- Danner Kasich Peterson (PA) The Clerk read the resolution, as fol- taining to family, personal, medical, and Davis (IL) Kelly Petri lows: marital problems; Davis (VA) Kennedy (MA) Pickering Whereas, through these actions, his failure Deal Kennedy (RI) Pickett H. RES. 431 to abide by the Rule of Law, and his consist- DeGette Kennelly Pitts Whereas the Supreme Court of the United ent abuse of the investigative powers of the Delahunt Kildee Pomeroy States has noted that, although the power to House of Representatives, Representative DeLauro Kilpatrick Porter conduct investigations is inherent in the leg- Burton has brought discredit upon the House DeLay Kim Portman islative process, that power is not unlimited, Deutsch Kind (WI) Poshard of Representatives: Now, therefore, be it Diaz-Balart King (NY) Price (NC) may be exercised only in aid of the legisla- Resolved, That the House of Representa- Dickey Kingston Pryce (OH) tive function, and cannot be used to expose tives disapproves of the manner in which Dicks Kleczka Rahall for the sake of exposure alone; Representative Burton has conducted the Dingell Klink Ramstad Whereas the Supreme Court of the United Committee on Government Reform and Doggett Klug Rangel States has further noted that the investiga- Oversight’s investigation of political fund- Dooley Knollenberg Redmond tive power of Congress contains ‘‘no general raising improprieties and possible violations Doolittle Kucinich Regula authority to expose the private affairs of in- of law. Doyle LaFalce Riley dividuals without justification in terms of Dreier LaHood Rivers b 1030 Duncan Lampson Rodriguez the functions of Congress’’; Dunn Lantos Roemer Whereas Representative Burton is the only The SPEAKER pro tempore (Mr. Edwards Largent Rogan member in the history of the House of Rep- NEY). In the opinion of the Chair, the May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3261 resolution constitutes a question of the Watts (OK) White Young (AK) Members from each side for the pur- Weldon (FL) Whitfield Young (FL) privileges of the House under rule IX. Weldon (PA) Wicker pose of 1-minute speeches. MOTION TO TABLE OFFERED BY MR. ARMEY Weller Wolf f Mr. ARMEY. Mr. Speaker, I move to NOES—196 WHITE HOUSE WOULD RESERVE lay the resolution on the table. Abercrombie Green Nadler PRIVACY RIGHTS FOR CRIMI- The SPEAKER pro tempore. The Ackerman Gutierrez Neal NALS AND NOT THE INNOCENT question is on the motion offered by Allen Hall (OH) Oberstar Andrews Hamilton Obey the gentleman from Texas (Mr. ARMEY) (Mr. KNOLLENBERG asked and was Baesler Hastings (FL) Olver given permission to address the House to lay the resolution on the table. Baldacci Hilliard Ortiz The question was taken; and the Barcia Hinchey Owens for 1 minute and to revise and extend Speaker pro tempore announced that Barrett (WI) Hinojosa Pallone his remarks.) Becerra Holden Pascrell the ayes appeared to have it. Mr. KNOLLENBERG. Mr. Speaker, Bentsen Hooley Pastor we have just gone through an exercise RECORDED VOTE Berman Hoyer Payne Berry Jackson (IL) Pelosi talking about the rule of law. The Mr. GEPHARDT. Mr. Speaker, I de- Bishop Jackson-Lee Peterson (MN) White House has recently become re- mand a recorded vote. Blagojevich (TX) Pickett markably solicitous of the privacy A recorded vote was ordered. Blumenauer Jefferson Pomeroy Bonior Johnson (WI) Poshard rights of convicted felons. The vote was taken by electronic de- Borski Johnson, E. B. Price (NC) While the coddling of criminals is vice, and there were—ayes 223, noes 196, Boswell Kanjorski Rahall nothing new for liberals, what is new is not voting 13, as follows: Boucher Kaptur Rangel Boyd Kennedy (MA) Reyes the idea that the White House cares [Roll No. 153] Brown (CA) Kennedy (RI) Rivers about privacy rights for the law-abid- AYES—223 Brown (FL) Kennelly Rodriguez ing. Brown (OH) Kildee Roemer Aderholt Gallegly Morella I ask the White House, what about Capps Kilpatrick Rothman Archer Ganske Myrick Cardin Kind (WI) Roybal-Allard the privacy rights of the 900 Repub- Armey Gekas Nethercutt Carson Kleczka Rush licans whose FBI files ended up in the Bachus Gibbons Neumann Clay Klink Sabo Baker Gilchrest Ney hands of political operatives in the Clayton Kucinich Sanchez Ballenger Gillmor Northup Clement LaFalce Sanders White House? Barr Gilman Norwood Clyburn Lampson Sandlin What about the privacy rights of Barrett (NE) Goode Nussle Condit Lantos Sawyer Bartlett Goodlatte Oxley Billy Dale and the other Travel Office Conyers Lee Schumer Barton Goodling Packard employees? Rights which were tram- Costello Levin Scott Bass Goss Pappas Coyne Lewis (GA) Serrano pled upon by the IRS and the FBI in a Bereuter Graham Parker Cramer Lipinski Sherman despicable smear campaign. Bilbray Granger Paul Cummings Lofgren Sisisky Bilirakis Greenwood Paxon In this strange new world, privacy Danner Lowey Skelton Bliley Gutknecht Pease Davis (FL) Luther Slaughter rights are reserved for convicted crimi- Blunt Hall (TX) Peterson (PA) Davis (IL) Maloney (CT) Smith, Adam nals and denied to the innocent. Boehlert Hansen Petri DeFazio Maloney (NY) Snyder Boehner Hastert Pickering Mr. Speaker, this entire episode is a DeGette Manton Spratt Bonilla Hastings (WA) Pitts perfect example of the liberal mindset Delahunt Markey Stabenow Bono Hayworth Porter DeLauro Martinez Stark when it comes to crime: Misplaced pri- Brady Hefley Portman Deutsch Mascara Stenholm orities, double standards, and always, Bryant Herger Pryce (OH) Dicks Matsui Stokes Bunning Hill Ramstad always, always, preference for the Dingell McCarthy (MO) Strickland Burr Hilleary Redmond Dixon McCarthy (NY) Stupak rights of criminals over the rights of Burton Hobson Regula Doggett McDermott Tanner the law-abiding. Buyer Hoekstra Riley Dooley McGovern Tauscher Callahan Horn Rogan f Doyle McHale Thompson Calvert Hostettler Rogers Edwards McIntyre Thurman Camp Houghton Rohrabacher b 1100 Engel McKinney Tierney Campbell Hulshof Ros-Lehtinen Eshoo McNulty Towns Canady Hunter Roukema TIME IS NOW TO END U.S. SUP- Etheridge Meehan Turner Cannon Hutchinson Royce Evans Meek (FL) Velazquez PORT FOR SUHARTO DICTATOR- Castle Hyde Ryun Farr Meeks (NY) Vento SHIP Chabot Inglis Salmon Fattah Menendez Visclosky Chambliss Istook Sanford Fazio Millender- Waters (Mr. SANDERS asked and was given Chenoweth Jenkins Saxton Filner McDonald Watt (NC) permission to address the House for 1 Christensen Johnson (CT) Scarborough Ford Miller (CA) Waxman Coble Johnson, Sam Schaefer, Dan minute.) Frank (MA) Minge Wexler Coburn Jones Schaffer, Bob Mr. SANDERS. Mr. Speaker, the Frost Mink Weygand Collins Kasich Sensenbrenner Furse Moakley Wise time is now to end U.S. support for the Combest Kelly Sessions Gejdenson Mollohan Woolsey Suharto dictatorship in Indonesia and Cook Kim Shadegg Gephardt Moran (VA) Wynn Cooksey King (NY) Shaw to help that country move for democ- Gordon Murtha Yates Cox Kingston Shays racy. Crane Klug Shimkus NOT VOTING—13 General Suharto is a dictator who Crapo Knollenberg Shuster Bateman John Skaggs Cubin Kolbe Skeen has been in office for over 30 years and Fowler Pombo Torres Cunningham LaHood Smith (MI) during that period has committed hor- Gonzalez Quinn Traficant Davis (VA) Largent Smith (NJ) Harman Radanovich rendous atrocities. Today his political Deal Latham Smith (OR) Hefner Riggs opponents are in jail, they are being DeLay LaTourette Smith (TX) tortured, they are being kidnapped by Diaz-Balart Lazio Smith, Linda b 1057 Dickey Leach Snowbarger the secret police. Doolittle Lewis (CA) Solomon Messrs. GREENWOOD, LIVINGSTON Just the other day, six unarmed stu- Dreier Lewis (KY) Souder and ROGAN changed their vote from Duncan Linder Spence dent protesters were shot down in cold Dunn Livingston Stearns ‘‘no’’ to ‘‘aye.’’ blood. General Suharto is known not Ehlers LoBiondo Stump So the motion to table was agreed to. only for his brutality but for his cor- Ehrlich Lucas Sununu The result of the vote was announced ruption and greed. In a country where Emerson Manzullo Talent English McCollum Tauzin as above recorded. the average income is less than $20 a Ensign McCrery Taylor (MS) A motion to reconsider was laid on week, his family has amassed a fortune Everett McDade Taylor (NC) the table. of over $30 billion. Ewing McHugh Thomas Fawell McInnis Thornberry f Mr. Speaker, if the brave students of Foley McIntosh Thune Indonesia are prepared to put their Forbes McKeon Tiahrt ANNOUNCEMENT BY THE SPEAKER lives on the line to end the Suharto Fossella Metcalf Upton PRO TEMPORE dictatorship, how can we ignore their Fox Mica Walsh Franks (NJ) Miller (FL) Wamp The SPEAKER pro tempore (Mr. cries for freedom? Let us end our sup- Frelinghuysen Moran (KS) Watkins NEY). The Chair will recognize five port for Suharto now. H3262 CONGRESSIONAL RECORD — HOUSE May 14, 1998 TRIBUTE TO DEPUTY RICH OWEN ance Act, which has 200 bipartisan could move on in our mission of ade- (Mr. HUTCHINSON asked and was sponsors. To date, however, we have quate investigation of financial and given permission to address the House not been able to get a schedule to vote campaign finance violations of the 1996 for 1 minute and to revise and extend on this proposal; and, as a result, election. I think, as a result of our failure to his remarks.) Americans are forced to make a Hob- use the debate process on that privi- Mr. HUTCHINSON. Mr. Speaker, last son’s choice between learning vital leged resolution, we will find that May November, deputies and employees of health information and risking their 14, 1998, by a vote of 223–196, this House the Benton County Sheriff’s Office in health insurance. has decided not to reform campaign fi- Arkansas voted Rich Owen Deputy of I urge my colleagues to demand a nance but to start the political cam- the Year. They selected him for the vote on H.R. 306 to protect all of our paign of 1998. award, they noted, because of his out- constituents against genetic discrimi- f standing professionalism and devotion nation and allow them to make health to helping others. Within days of that decisions based on sound medical facts. FREEDOM OF RELIGION IN vote, Deputy Owen died in the line of f PAKISTAN duty. He died from injuries he received FREEDOM FROM RELIGIOUS (Mr. PITTS asked and was given per- in an auto accident while responding to PERSECUTION ACT mission to address the House for 1 a burglary call. (Mr. WOLF asked and was given per- minute and to revise and extend his re- This week is National Law Enforce- mission to address the House for 1 marks.) ment Officers’ Memorial Week, a time minute and to revise and extend his re- Mr. PITTS. Mr. Speaker, I rise today dedicated to the memory of heroes like marks.) to speak on behalf of a person impris- Rich Owen, men and women who gave Mr. WOLF. Mr. Speaker, today the oned because of his religious beliefs in their lives serving and protecting oth- House will vote on the freedom from Pakistan. ers. I am at once proud and at the same Recently, a Pakistani Christian, religious persecution bill, which covers time sad to pay tribute to these offi- Ayub Masih, was sentenced to death only cases of torture, enslavement, ab- cers. I am proud that Arkansas has pro- under Pakistan’s blasphemy law. In duction, and death. Pakistan, no one has yet been officially duced such courageous individuals as Noted Russian Jewish dissident executed under the blasphemy law. Deputy Owen, but I am sad that some Natan Sharansky said, ‘‘When the West However, extremists have killed a have paid such an awful price for that stood up for its most basic values,’’ as number of accused believers. dedication. this bill does, ‘‘and spoke up for per- I would like to pay special tribute to On May 6, 1998, human rights activist secuted Soviet Jewish communities, Bishop John Joseph allegedly commit- Deputy Owen’s son, Brandon, who is Soviet chains around churches and po- with me here today. And I offer my ted suicide to protest the blasphemy litical dissidents began to shatter.’’ law and Masih’s death sentence. Al- condolences to Brandon’s mother, Noted Chinese dissident Wei though the Pakistani Constitution pro- Frankie Owen, as well. These two stand Jingsheng sent a letter yesterday and tects freedom of religion, the blas- as a constant reminder of the sacrifices said, ‘‘If I did not see it myself, even I phemy law contradicts the constitu- not only our police officers pay every would not imagine the shameful and tion and a number of international day, but their families as well. They despicable means the Communists use stand here today as a reminder of the human rights standards. against believers.’’ Mr. Speaker, every person, every debt the rest of us owe to our law en- This bill gives the President total forcement community. The courage we country in the world should have this and complete waiver authority. Car- fundamental human right, the freedom pay tribute to here today is not only dinal O’Connor of New York, in a letter that of the officers, but of their fami- of religion. I urge the Pakistani Gov- yesterday said, ‘‘The Freedom from Re- ernment to acquit Mr. Ayub Masih and lies as well. The sacrifices they make ligious Persecution Act could begin the are great. release him from prison with full pro- desperately needed process of ending tection of his rights and to protect him f the legitimizing of such persecution.’’ and his family. Failure to pass the bill would send a GENETIC INFORMATION NON- f message to all of the dictators all over DISCRIMINATION IN HEALTH IN- the world that it is open season for TIME FOR CHAIRMAN BURTON TO SURANCE ACT people of all religious beliefs. I hope STEP DOWN AS HEAD OF INVES- (Ms. SLAUGHTER asked and was and I pray that this bill will pass with TIGATION given permission to address the House an almost unanimous vote. (Ms. DELAURO asked and was given for 1 minute and to revise and extend f permission to address the House for 1 her remarks.) CAMPAIGN FINANCE REFORM minute and to revise and extend her re- Ms. SLAUGHTER. Mr. Speaker, sci- marks.) entists recently announced a break- (Mr. KANJORSKI asked and was Ms. DELAURO. Mr. Speaker, I rise through in the treatment of cancer, given permission to address the House today to decry the use of taxpayer one of the deadliest and most common for 1 minute and to revise and extend funds for an investigation that has in diseases plaguing humanity. A com- his remarks.) fact turned into nothing more than a bination of two drugs has been shown Mr. KANJORSKI. Mr. Speaker, I rise partisan political witch hunt. to prevent tumors from spawning the today and perhaps I should ask for a According to yesterday’s Washington growth of new blood vessels that allow moment of silence because the vote Post, the investigation of the gen- the tumor to grow. that was taken to table the privileged tleman from Indiana (Mr. BURTON) The advances in genetic testing now resolution from the gentleman from ‘‘began more than a year ago and has allows us to pinpoint people who are at Missouri (Mr. GEPHARDT) is a sad mo- cost several million dollars,’’ yet has high risk for common cancers like ment in the House of Representatives. ‘‘produced little information beyond breast cancer and colorectal cancer. I have the distinct honor and pleas- what was disclosed during a similar in- Tragically, however, people are afraid ure of serving on the Committee on vestigation by the Senate Govern- to take those genetic tests that would Government Reform and Oversight. mental Affairs Committee.’’ allow them to take advantage of new The fact that we have had a difficult Meanwhile, the gentleman from Indi- anti-cancer drugs at the earliest pos- time in the administration of our mis- ana (Mr. BURTON) has blatantly abused sible phases of cancer. They refuse to sion over the last 18 months is evident his power by unilaterally issuing over take these tests because they fear ge- to everyone in this Chamber and every- 500 subpoenas, releasing tapes of per- netic discrimination, especially in one in this Nation. sonal, private conversations and alter- health insurance. The privileged resolution would have ing the content of those tapes to suit Congress could solve the problem by given this House the opportunity to air his own political purposes. passing H.R. 306, The Genetic Informa- the problems in that committee and to It is time to restore some integrity tion Nondiscrimination Health Insur- attempt to find a solution so that we to this investigation. It is time to end May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3263 this waste of taxpayer money. It is to move in that process. It now is in- friend, the gentleman from Ohio (Mr. time for the gentleman from Indiana cumbent upon the gentleman from In- HALL), pending which I yield myself (Mr. BURTON) to step down as head of diana (Mr. BURTON) as the head of that such time as I may consume. During this investigation. committee to realize that he can no consideration of this resolution, all f longer function properly and to move time yielded is for the purpose of de- that leadership to another member of bate only. CHILD CUSTODY PROTECTION ACT that committee. Mr. Speaker, this rule, House Resolu- (Ms. ROS-LEHTIMEN asked and was f tion 430, is a structured rule providing given permission to address the House for the consideration of H.R. 2431, The for 1 minute and to revise and extend FREEDOM FROM RELIGIOUS Freedom from Religious Persecution her remarks.) PERSECUTION ACT OF 1998 Act of 1998. The admirable purpose of Ms. ROS-LEHTINEN. Mr. Speaker, Mr. DIAZ-BALART. Mr. Speaker, by this legislation is to reduce the wide- although we live in the world’s great- direction of the Committee on Rules, I spread and ongoing religious persecu- est democracy, we also live in a society call up House Resolution 430, and ask tion taking place, unfortunately, in that, unfortunately, in the name of for its immediate consideration. many places in the world today. women’s rights permits parents to be The Clerk read the resolution, as fol- b 1115 stripped of our inherent and sacred lows: right, our right to parent. The rule provides for 1 hour of gen- H. RES. 430 eral debate equally divided and con- H.R. 3682, The Child Custody Protec- Resolved, That at any time after the adop- tion Act, will protect every parent’s trolled by the chairman and ranking tion of this resolution the Speaker may, pur- minority member of the Committee on right to be a parent. It will prevent suant to clause 1(b) of rule XXIII, declare the International Relations, which had pri- every parent from being stripped, de- House resolved into the Committee of the Whole House on the state of the Union for mary jurisdiction over the legislation. prived, and divested of our profound Because the bill was referred to five right to protect our young daughters consideration of the bill (H.R. 2431) to estab- lish an Office of Religious Persecution Mon- committees for their consideration, from abortions and life-altering and and three of those committees reported life-threatening procedure. itoring, to provide for the imposition of sanctions against countries engaged in a pat- varying versions of the bill, a new bill Pro-abortion groups wrongfully tern of religious persecution, and for other for the purpose of amendment, H.R. claim a right to procure secret abor- purposes. The first reading of the bill shall 3806, was introduced last week. tions for minors. But it is not up to a be dispensed with. General debate shall be The gentleman from New York (Mr. stranger to determine whether our confined to the bill and shall not exceed one SOLOMON), chairman of the Committee daughters should have an abortion. The hour equally divided and controlled by the on Rules announced on the House floor Congress and the American people will chairman and ranking minority member of the Committee on International Relations. on May 7 that the bill, H.R. 3806, would take a strong stand against the twisted be used as the base text for purposes of notion that the Constitution somehow After general debate the bill shall be consid- ered for amendment under the five-minute amendment. The rule, therefore, makes confers upon strangers a right to par- rule. In lieu of the amendments rec- in order as an original bill for purposes ent our children. ommended by the Committees on Inter- of amendment an amendment in the Together with Senator SPENCER national Relations, the Judiciary, and Ways nature of a substitute consisting of the ABRAHAM, our bill will be heard in com- and Means now printed in the bill, it shall be text of H.R. 3806 as modified by the mittees next week and we hope that we in order to consider as an original bill for the amendments in Part 1 of the report of can get even more cosponsors for our purpose of amendment under the five-minute the Committee on Rules and provides pro-family protection bill. rule an amendment in the nature of a sub- stitute consisting of the text of H.R. 3806, that the amendment in the nature of a f modified by the amendments printed in part substitute shall be considered as read. CAMPAIGN FINANCE REFORM 1 of the report of the Committee on Rules ac- Mr. Speaker, this is a fair rule which companying this resolution. That amend- allows for a broad range of amend- (Mr. TIERNEY asked and was given ment in the nature of a substitute shall be ments on a very narrowly focused bill. permission to address the House for 1 considered as read. No amendment to that The goal of the bill is to combat reli- minute and to revise and extend his re- amendment in the nature of a substitute gious persecution, and clearly all forms marks.) shall be in order except those printed in part of persecution are to be condemned. Mr. TIERNEY. Mr. Speaker, cam- 2 of the report of the Committee on Rules. But the crafters of this bill, as I stated, paign finance reform still is a critical Each amendment may be offered only in the created a very focused religion-specific issue confronting this House and needs order printed in the report, may be offered only by a Member designated in the report, bill to make clear that we are focusing to be addressed. shall be considered as read, shall be debat- on one particular aspect of unaccept- The Committee on Government Re- able for the time specified in the report able persecution which must, must be form and Oversight had a particular equally divided and controlled by the pro- combated. opportunity to address this issue, to ponent and an opponent, shall not be subject Thus, the bill was not brought with hold hearings, and to come up with to amendment, and shall not be subject to a an amendment, for example, from the some solutions and some facts that demand for division of the question in the distinguished gentleman from North were a basis as to how we should pro- House or in the Committee of the Whole. All Carolina (Mr. WATT) who offered an ceed in that area. points of order against the amendments amendment which would have ex- So far, however, due to lack of lead- printed in the report are waived. At the con- clusion of consideration of the bill for panded the scope of the bill to cover all ership in that committee, we have been amendment the Committee shall rise and re- forms of persecution prohibited by the unable to embark on that process. We port the bill to the House with such amend- Geneva Convention. It was felt by the have had instead a very partisan hear- ments as may have been adopted. Any Mem- framers of the legislation, however, ing process, a fiscally irresponsible ber may demand a separate vote in the that this bill, to have an opportunity process, one that is motivated by per- House on any amendment adopted in the to be considered and to have an oppor- sonal vindictiveness not only of per- Committee of the Whole to the bill or to the tunity for passage, should be framed as sons on the majority but also of their amendment in the nature of a substitute specifically and narrowly as it has staff. made in order as original text. The previous question shall be considered as ordered on been. In fact, we have had a tremendous the bill and amendments thereto to final I believe that the gentleman from amount of incompetence in those pro- passage without intervening motion except North Carolina (Mr. WATT), when he ceedings that have cost the American one motion to recommit with or without in- moves forward, if he does, with his con- taxpayers some $6 million. New com- structions. cept, will get tremendous support on a mittee leadership is needed to restore The SPEAKER pro tempore. The gen- bipartisan basis. I certainly would be credibility to that committee and dig- tleman from Florida (Mr. DIAZ- supportive of the effort by the gen- nity and credibility to this House. BALART) is recognized for 1 hour. tleman from North Carolina (Mr. It is a shame, Mr. Speaker, that the Mr. DIAZ-BALART. Mr. Speaker, for WATT), but I think that it is important Members of the majority were unable the purposes of debate only, I yield the to keep in mind what the purpose of to take the action that would allow us customary 30 minutes to my good this bill is. H3264 CONGRESSIONAL RECORD — HOUSE May 14, 1998 It is a very focused, I would main- officially by the Chinese Government Unfortunately, the brutal suppres- tain, modest and reasonable and, hope- with all the symbolism that that sion of religious expression is all too fully, achievable piece of legislation to means in the world of diplomacy, that common beyond the borders of the focus on upon that egregious and con- there could be no other place to be re- United States. In my travels and in the demnable practice which occurs all too ceived in Beijing except Tiananmen travels of many of the sponsors of the often in different parts of the world, re- Square. bill, especially the gentleman from ligious persecution. I would urge my Even though this bill, as focused as it Virginia (Mr. WOLF) and the gentleman colleagues to support both this fair is, as limited as it is, grants multiple from New Jersey (Mr. SMITH), we have rule and the underlying bill. waiver authority to the President of witnessed firsthand the extraordinary The bill prohibits Federal agencies the United States, it is, nonetheless, a intolerance against people who chose and U.S. persons from exporting goods very important piece of legislation. It to practice their faith outside the offi- to entities engaged in religious perse- is a piece of legislation that is going to cially approved religions. cution. I think that is an important be watched. What we do today is going In Romania, the gentleman from Vir- step to demonstrate that we are seri- to be watched throughout the world ginia (Mr. WOLF) and the gentleman ous about condemning and opposing and, most especially, by those who lan- from New Jersey (Mr. SMITH) and I saw that unconscionable practice. guish in dungeons and in caves and who churches that were burned down, peo- Mr. Speaker, though the bill has been are tortured and oppressed because of ple that were thrown in prison, Bibles limited in the process of amendment their religious views and practices. by the thousands that were shredded and of discussion, this is a very impor- So I would urge my colleagues to not into toilet paper under the official gov- tant piece of legislation that we are only support this fair rule, but the un- ernment policy of repression. dealing with today. I would say it is derlying legislation. In northern Uganda, I saw Catholic somewhat of a definitional piece of leg- Mr. Speaker, I again want to com- girls who were mutilated for no other islation for this Congress at this par- mend the framers of the legislation. I reason than their faith. Their ears and ticular moment in our history. have great admiration for all of them: their noses were cut off. I visited them I often think about what we have the gentleman from New York (Mr. in the hospitals. It goes on in so many witnessed in the last years and the fact GILMAN), of course, the gentleman from countries in the world that practice that we are in a transitional moment. Virginia (Mr. WOLF), the gentleman this brutality. I often think about the fact that, while from New Jersey (Mr. SMITH), the gen- But when I and my fellow House doubtless, we saw an ‘‘evil empire,’’ as tleman from Ohio (Mr. HALL), who is Members would return to the United President Reagan often called it, col- here, my dear friend on the other side States from these countries, there was lapse, I wonder what it is that has won. of the aisle and to whom I have yielded little we could do about the horror we What is it that has won? And what the customary 30 minutes on this rule, saw. We did not have the legal tools kind of world is it that we are walking a tireless champion, as well, for human necessary to stop it. The bill before us today is such a into at this stage in our history? rights and human decency throughout In a certain sense that is what we are this world. tool. The bill was introduced by my discussing. That is what will be dis- I thank them all for their hard work friend, the gentleman from Virginia cussed and debated with this particular on this legislation and other similar (Mr. WOLF), who, as I have said before, legislation. We have to decide, ulti- pieces of legislation that have dignified I have accompanied on many inter- mately, if what we accept and what we this Congress in the past. national trips to investigate human So I would urge my colleagues to wish to embrace as a society and as a rights abuses. support the rule. I know that we have His bill establishes the Office of Reli- world, as an international community, the distinguished presence here of the gious Persecution Monitoring to iden- is ethics as some sort of guide, some gentlewoman from Florida (Ms. ROS- tify and report on religious persecu- sort of factor in human conduct; or LEHTINEN) who will be speaking on the tion. If the Secretary of State deter- whether we are officially going to em- rule, also, by the way, an extraordinary mines persecution exists, then a series brace the law of the jungle, if we are fighter for human rights. of sanctions take effect, including a going to simply embrace the concept, Mr. Speaker, I reserve the balance of prohibition on exports and U.S. foreign as Dostoyevsky said when he pointed my time aid. out that in his belief, those who say Mr. HALL of Ohio. Mr. Speaker, I Because of the importance of reli- that God does not exist in effect are yield myself such time as I may con- gious freedom to our Nation, it seems saying that anything is possible. In sume. fair that our government express this other words, if the concept of ethics Mr. Speaker, I thank the gentleman in our foreign policy. While we cannot will have no relevance whatsoever, from Florida (Mr. DIAZ-BALART) for dictate the internal policies of other then we might as well officially pro- yielding me the time and his very, very countries, we can direct the State De- claim that in this era in which we are kind words. partment and our foreign assistance living. Mr. Speaker, this is a structured programs to deny support for countries So what the framers have done, the rule. It will allow debate on H.R. 2431, and individuals that repress religious gentleman from Virginia (Mr. WOLF), which is called the Freedom From Re- freedom contrary to basic American the gentleman from New Jersey (Mr. ligious Persecution Act. As my col- values. SMITH), the gentleman from New York league has described, this rule will pro- President Clinton has already taken (Mr. GILMAN), and so many others who vide 1 hour of general debate that will an important step towards universal have worked so tirelessly on this legis- be equally divided and controlled by freedom of religious expression by es- lation, through this legislation, this the chairman and the ranking minority tablishing a Commission on Religious very focused legislation, is to say that member of the Committee on Inter- Liberty to advise the State Depart- that particular egregious conduct, reli- national Relations. ment. However, I believe we can do gious persecution, torture, being put The rule self-executes two amend- more. into a dungeon, into a cage, being tor- ments. In addition, it makes in order I regret that we are taking up this tured or killed because of a human four amendments which may be offered bill under such a restrictive rule. I being’s religious beliefs and practices on the House floor. would prefer that we would have more is going to be officially, by the United Mr. Speaker, religious freedom is one of an open rule, but I strongly support States Congress, condemned today. of the most fundamental rights of this bill to express U.S. outrage over Even though there are all sorts of Americans. It is enshrined in the first the religious persecution in other coun- waivers, as the gentleman from Vir- amendment to the Constitution. It is a tries and to help stop the brutality. ginia (Mr. WOLF) stated earlier, and he foundation of the American govern- Reluctantly, I do support this rule so will state subsequently, in his legisla- ment. It is more than just an American that we can proceed with the consider- tion for the President, the same Presi- right. The right to freedom of religion ation of a bill that I consider a most dent who will be, according to what I is recognized by international law, in- important piece of legislation. am told, standing, in just a few weeks, cluding the Universal Declaration of Mr. Speaker, I reserve the balance of at Tiananmen Square, being received Human Rights. my time. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3265 Mr. DIAZ-BALART. Mr. Speaker, I Jehovahs’ Witnesses routinely harassed Mr. Speaker, I want to start by join- yield 5 minutes to the gentlewoman in Cuba. ing my friend, the gentleman from from Florida (Ms. ROS-LEHTINEN), my These are just a few examples of the Florida (Mr. DIAZ-BALART) in praising distinguished colleague and friend. grim destiny that so many of our glob- the work of the gentleman from Ohio Ms. ROS-LEHTINEN. Mr. Speaker, I al brothers and sisters face at the (Mr. HALL). There is not a person in thank the gentleman from Florida (Mr. hands of those who hold no respect for this body more respected on issues re- DIAZ-BALART), my colleague from religious beliefs and no respect for lated to hunger and protecting the Miami, for his leadership on this issue. human life. rights of people who have been per- Mr. Speaker, along with the gen- Religious persecution following the secuted around the world for whatever tleman from Florida (Mr. DIAZ- Cold War has not diminished. Sadly, it reason than the gentleman from Ohio BALART) and the gentleman from Ohio has only persisted, and has now (Mr. HALL). I want to associate myself (Mr. HALL), I also rise in strong sup- reached new heights. H.R. 2431 will pro- with comments that have been made in port of H.R. 2431, the Freedom From vide a permanent mechanism for the praise of the gentleman by the gen- Religious Persecution Act of 1998. I es- United States to investigate religious tleman from Florida (Mr. DIAZ- pecially commend my colleagues, the persecution and ensure that these cases BALART). gentleman from Virginia (Mr. WOLF), receive high priority at the State De- Mr. Speaker, I am rising in opposi- the gentleman from New Jersey (Mr. partment. tion to the rule on this bill. I rise in SMITH), and the gentleman from New By creating an Office of Religious opposition to the rule because the York (Mr. GILMAN), chairman of the Persecution Monitoring within the Committee on Rules ruled that an Committee on International Relations State Department, we will help to de- amendment that I attempted to offer for their leadership and for their dedi- velop a mechanism that will help to on the floor was not in order. I think cation in bringing forward such a criti- strengthen and improve our methods of the Committee on Rules should have cal piece of legislation. addressing religious freedom and perse- made my amendment in order. There is not a person in this house or Jose Marti, the man who liberated cution throughout the world. If and in our country, I believe, who would my homeland of Cuba from tyranny, when a country is identified in engag- not find offensive and abhorrent the said, ‘‘To witness a crime in silence is ing in widespread and ongoing acts of abduction, enslavement, killing, im- to be an accomplice of that crime.’’ persecution, the United States would prisonment, rape, crucifixion or any Today, my colleagues and I are mak- terminate non-humanitarian U.S. for- forms of torture, which this bill con- ing a statement to the world that the eign aid and require U.S. opposition to demns and sanctions. This bill con- United States will not stand by si- loans to such regimes from taxpayer demns and sanctions those forms of lently. We will bear witness to the supported international agencies. It torture, but it does it only when the thousands of our fellow human beings bans the export of torture and other victims are tortured because of reli- who are tortured and, indeed, even crime control related supplies to of- gious beliefs. murdered for exercising their fun- fending countries, and it bans visas to The amendment that I sought to damental right to religious freedom. known persecutors. offer would have expanded this bill to Today, we will give a voice to those This bill furthers U.S. interests by offer the same kind of protections for whose cries for freedom and justice ensuring that U.S. funds do not go to those persecuted because of race, na- have been equaled by violent and re- pariah states which engage in practices tionality, membership in a particular pressive regimes that seek to destroy that run contrary to our values and our social group or political opinion. that which is so precious to us as chil- beliefs and which violate basic human This bill sets up two new categories dren of God. dignity. Through this bill, we will fi- in the law, a category 1 and a category b 1130 nally shine light into the eyes of those 2, for people who have been enslaved or who seek to oppress and destroy lives, killed for religious persecution, and, by This bill will help ensure that prac- and we will hold them responsible for doing so, implies that somehow reli- ticing one’s faith will not become a their cruel acts. gious persecution is more abhorrent death sentence, as it has been, unfortu- Pope John Paul II has said, than persecution for other reasons, nately, for so many men, women and Religious persecution is an intolerable and such as race or political belief or na- children throughout the world. unjustifiable violation of the most fun- tionality or group membership. When we speak of religious persecu- damental human freedom, that of practicing The very example that the gentleman one’s faith openly, which for human beings is tion, we need to fully recognize that in from Florida (Mr. DIAZ-BALART) re- many countries this does not mean their reason for living. ferred to about the President going to simple harassment, but it refers to un- Let us not stand idly by while thou- China and standing in Tiananmen thinkable, monstrous acts, ranging sands continue to suffer. Let us make Square, imagine, if you would, that the from imprisonment, forced slavery, these rogue regimes accountable for tanks in Tiananmen Square had just torture, starvation and murder. These their crimes against humanity. Let us rolled right over the protesters there. acts, endorsed, and in many cases im- render strong support for H.R. 2431. Nothing in this bill would address that posed, by extremist, repressive re- I once again congratulate the gen- issue, because those protesters were gimes, have gone unpunished for too tleman from Virginia (Mr. WOLF) for there for political reasons, not for reli- long. his tenacity, dedication, and never-wa- gious reasons. As we reflect on this issue today, we vering focus on the issue of religious So I rise to say all forms of persecu- ask that you think of people like the 18 persecution worldwide. I regret the bill tion, whether they are for religious year old girl from Laos who was ar- has been changed as it has moved reasons, whether they are for racial rested by government forces and is cur- through the committee process, but it reasons, whether they are for national- rently sitting in a squalid prison cell. definitely is still a powerful weapon to ity reasons, whether they are because And what is her crime? Teaching Bible foster international religious freedom. people are standing up for their politi- classes to neighborhood children. Or We are truly blessed in this house to cal beliefs, most often in defense of de- think about the student from Tibet have a man of vision like the gen- mocracy, all forms of persecution who did nothing but record traditional tleman from Virginia (Mr. WOLF) guid- should be covered under this bill. And music from Tibet, and, for this offense, ing our efforts. the Committee on Rules has decided he was sentenced to 18 years. Mr. Speaker, I thank the gentleman that it will not allow an amendment to I ask you to picture the father who from Florida (Mr. DIAZ-BALART) for be debated on this floor, to be consid- was shot in the streets of Iran because yielding me this time. ered and voted on on this floor, that he was not in the mosque at prayer Mr. HALL of Ohio. Mr. Speaker, I would expand the coverage of this bill time. There are many prisoners in my yield 7 minutes to the gentleman from to those other forms of persecution. By native homeland of Cuba who are in North Carolina (Mr. WATT). doing so, it is implying to the world jail because they dared to hold reli- Mr. WATT of North Carolina. Mr. that somehow religious persecution gious meetings at their homes, and Speaker, I thank the gentleman for should be given extra protection and there are evangelical Christians and yielding me time. heightened priority. H3266 CONGRESSIONAL RECORD — HOUSE May 14, 1998 Mr. Speaker, we should provide spe- Passing this bill will say to the world issue has too often been overlooked, cial protections against all forms of that the United States will no longer and a growing conviction that the core persecution. remain silent while people of faith are American values, including religious Some people would have you believe being tortured—because that is what liberty, must play a proper role in for- that we are paying less attention to re- this bill covers—enslaved, abducted eign policy.’’ ligious persecution in the world than and killed for their religious beliefs. Other supporters of the bill, and we are to the other kinds of persecu- Passing the bill will shatter the si- there are so many, are the Inter- tion that I have made reference to, but lence. national Campaign for Tibet, the Chris- let me suggest that that is simply not There are troubling things taking tian Coalition, the U.S. Catholic the case. place all over the world. In the past Bishops Conference, the Family Re- The United States has 78,000 refugee decade in Sudan alone, 1.5 million search Council, the National Jewish slots allocated for 1998. Twenty-five Christians and Muslims and Animists Coalition, the Anti-Defamation thousand of those funded slots are allo- have been killed for their faith. Starva- League, the Religious Action Center cated to those Bosnians who are Mus- tion is that government’s weapon of for Reformed Judaism. The Southern lim. Religious reasons. Twenty-one choice, liberally spiced with high alti- Baptist Ethics and Religious Liberty thousand of those slots are allocated to tude bombing in the villages, and mass Commission, the American Family As- religious minorities from the former murders. And there is slavery, the sell- sociation, Prison Fellowship Min- Soviet Union. So 59 percent of our refu- ing into slavery in Sudan of young Su- istries, the Union of Orthodox Con- gee allocation is set aside for victims danese boys and girls. gregations of America, the Salvation of religious persecution in one way or In China, Catholic priests and Army, the Catholic Alliance, B’Nai another. Does that mean that we are bishops are imprisoned today, as we B’rith, and many, many others. This treating religious persecution in some now speak, some for decades, simply bill is also supported by so many oth- lesser fashion? I think not. for offering holy communion. Protes- ers that we will put their names in the The only thing I would say to this tant pastors are thrown in jail for hav- RECORD. body is that this bill ought to be broad- ing house church services, and Muslims Mr. Speaker, when this bill hopefully er, and everybody keeps telling me, suffer persecution, as do Buddhist becomes law, America will reaffirm for ‘‘Well, you ought to go and introduce a monks and nuns in Tibet. the world that we still honor those separate bill.’’ In Tibet, where I have been, China’s words that Jefferson penned where he My response to that is, we have a bill government has systematically de- said: ‘‘We hold these truths to be self- on the floor. If everybody thinks this is stroyed up to 4,000 to 6,000 monasteries, evident, that all men women are cre- a good idea to expand the protections and the government tightly controls ated equal, endowed by their Creator, in this bill to victims of persecution all of the existing monasteries. by God, with life and liberty and the based on race, nationality, group mem- Many around the world are enduring pursuit of happiness.’’ bership or political opinion, as the gen- hardships simply because they practice These words by Jefferson were not tleman from Florida (Mr. DIAZ- their faith. They endure mostly in si- just for Virginians, they were not only BALART) indicated everybody does, lence and away from the public spot- for Americans, but they were for people then put it in this bill, and let us vote light and with little hope of improve- around the world. Passage of the bill it up or down. Because it is not in the ment. This bill would apply to all will reaffirm the words of President bill and the amendment has not been faiths, Jewish, Muslim, Hindu, Chris- Reagan where he said, ‘‘We must be made in order, I oppose this rule. tian, Buddhist and all others. staunch in our conviction that freedom Mr. DIAZ-BALART. Mr. Speaker, I This bill is moderate, it is balanced, is not the sole prerogative of a lucky yield myself such time as I may con- and this bill gives the President total few, but the inalienable and universal sume. waiver authority, meaning that if the right of all human beings.’’ Mr. Speaker, I agree with what the President does not want this bill to go The last two points. If this bill were gentleman from North Carolina (Mr. into effect, it will not go into effect. to fail, can we imagine what the prison WATT) has said. I think we have to rec- Finally, the bill, I think, will send a wardens would say to those who are ognize that we have a coalition of in- message to help so many people. It is a imprisoned in Sudan today, those who terests opposing us that, in effect, bipartisan effort, Republicans and are in the ghost houses? What that want there to be absolutely no sanc- Democratic Members alike, with 131 would say would be that nobody cares. tions on any sort of conduct anywhere cosponsors. On the other hand, when this Congress in the world, and that the law of the I will tell Members, on three dif- passes this bill, and those in Yei and world should be if there is a buck to be ferent occasions I personally have Torit and little villages in southern made anywhere, no matter what the looked into the eyes of young boys in Sudan and those in little villages in conditions, no matter under what the southern Sudanese refugee villages who China, as they tune into their crystal circumstances, no matter if it is deal- have lost their moms and dads and had radio sets and listen, they will know ing in or contributing to the most hor- nobody to care for them. that the people’s House, the United rendous conduct conceivable, that that b States Government, the United States is acceptable. That is the coalition 1145 Congress has stood on behalf of those against us. I have seen the monasteries that are who are persecuted. And it will send a The message that we will send out plundered in Tibet and the gentleman message, as Natan Sharansky said today to that coalition, to the world from New Jersey (Mr. SMITH) and I when he was in the old Soviet Perm 35 and to those who are imprisoned, is have been to Beijing Prison No. 1 in and he heard that the Congress stood that we will not be defeated, and that China. for him; it will send a message that we we are going to continue to make Cardinal O’Connor of New York stand for the least of these and we progress. wrote a letter yesterday where he said, stand with them boldly, whereby those Mr. Speaker, I yield 6 minutes to my ‘‘The Freedom From Religious Perse- words of Jefferson hold true for every- dear friend, the distinguished gen- cution Act could begin the desperately body around the world. tleman from Virginia (Mr. WOLF), a needed process of ending the legitimiz- Mr. Speaker, I urge and plead that leader in human rights throughout the ing of such persecution. In my judg- everyone support this bill. world. ment,’’ Cardinal O’Connor said, ‘‘its Mr. Speaker, I rise in strong support of H.R. Mr. WOLF. Mr. Speaker, I thank the passage would be an act of historic pro- 2431, the Freedom from Religious Persecution gentleman for yielding me time. I ap- portions.’’ Act. Passing this bill will say to the world that preciate the comments of the gen- Catholic Archbishop Theodore the United States will no longer remain silent tleman, and I appreciate the comments McCarrick, who just returned from while people of faith around the world are the gentleman made about my very China said, and I quote from a letter being tortured, enslaved, abducted and killed good friend, the gentleman from Ohio yesterday, ‘‘The bill represents a mod- for their religious beliefs. For too long the U.S. (Mr. HALL). I second those, and com- est step that reflects the growing has remained silent on this issueÐpassing pletely agree. awareness that this vital human rights H.R. 2431 helps shatter that silence. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3267 There are troubling things taking place in years in Soviet gulags as a prisoner of con- these are Life, Liberty, and the Pursuit of Hap- the world. In just the past decade, the govern- science. He sent a letter to a group of reli- piness.'' ment of Sudan has killed or allowed to starve gious leaders gathered to talk about this bill, These words by Thomas Jefferson are not over a million of its own people. The fallenÐ ``When the West stood up for its most basic for America alone, but for people everywhere. mostly Christians, Animists and some Muslims values and spoke up for persecuted Soviet And passage of this bill will reaffirm the words in southern SudanÐare victims of a religious Jewish communities, Soviet chains around of President Ronald Reagan, spoken on a dif- war. Starvation is that government's weapon churches and political dissidents began to ferent occasion, when he said, ``We must be of choice, liberally spiced with high-altitude shatter.'' staunch in our conviction that freedom is not bombing, mass murder and even selling Suda- This bill has broad bipartisan supportÐover the sole prerogative of a lucky few, but the in- nese boys and girls as slaves. 131 cosponsors. It is supported by a broad co- alienable and universal right of all human In China, Catholic priests and bishops are in alition of religious and civic groups. beings.'' prisonÐsome for decades, simply for practic- For example, Wei Jingsheng, one of China's I urge you to vote for H.R. 2431. It will help ing their faith. Protestant pastors are thrown in most well known and well respected political people of faith everywhere. jail just for holding house church services. dissidents, supports H.R. 2431. I quote from ORGANIZATIONS IN SUPPORT OF H.R. 2431 Muslims suffer persecution, as do Buddhist his recent letter: American Baptist Evangelicals monks and nuns. I have personally witnessed the oppression American Coptic Association In Tibet, the Chinese government has sys- and exploitation of religious groups and indi- American Copts of California tematically destroyed up to five thousand Bud- viduals that occurs today in China. The true American Family Association dhist monasteries. The monasteries still stand- situation may be difficult for Americans to Anti-Defamation League imagine, and it is difficult for the Chinese Assyrian Academic Alliance ing have a cadre of Chinese police to monitor people to imagine. If I did not see it myself, Assyrian National Congress what goes on. The government tightly controls even I would not imagine the shameful and Assyrian National Foundation the activities of the monks and nuns and even despicable means the Communists use B’Nai B’rith pictures of the Dalai Lama are forbidden. against religious believers . . . I feel that if Campus Crusade for Christ In Pakistan, Ahmadi Muslims and Christians a government such as China which for such a Cardinal Kung Foundation are victimized by the ominously named ``blas- long time totally denied the rights of free- Catholic Alliance phemy'' law under which those who speak dom of religion to its citizens cannot receive Christian Coalition against the prophet Mohammed can be given sanction, than it is completely unjust. I urge Christian Legal Society Christian Reformed Church the death sentence. Just last week, as we pre- the friends of human rights to support this effort. Christian Solidarity International pared to debate this bill, one of Pakistan's I submit Wei's entire letter for the record. He Concerned Women for America leading Catholic bishops, Bishop John Joseph Empower America committed suicide to protest a death sentence knows that pressure worksÐhe's out of jail Ethics and Public Policy Center handed down to Christian Ayub Masih. Bishop today because the U.S. pressed for his re- Evangelical Free Church of America Joseph reportedly said just before putting a lease. Evangelicals for Social Action shot through his head ``It is no longer possible Cardinal O'Connor of New York says, and I Family Research Council for my people to live in Pakistan.'' quote, Focus on the Family Many around the world are enduring hard- The Freedom from Religious Prosecution Freedom House’s Puebla Program Act could begin the desperately needed proc- Institute on Religion and Democracy ships simply because they practice their faith. ess of ending the legitimizing of such perse- International Campaign for Tibet They endure mostly in silence and away from cution. In my judgment, its passage would be International Christian Concern the public spotlight and with little hope for a an act of historic proportions. International Fellowship of Christians and brighter tomorrow. The Freedom from Reli- Archbishop Theodore McCarrick says, Jews Iranian Christian International gious Persecution Act is for them. It would The bill represents a modest step that re- apply to people of all faithsÐJew, Muslim, National Association of Evangelicals flects growing awareness that this vital National Jewish Coalition Hindu, Christian, Buddhist and others. human rights issue has too often been over- The bill establishes the Office of Religious National Religious Broadcasters looked, and a growing conviction that core Open Doors with Brother Andrew Persecution Monitoring at the State Depart- American values—including respect for reli- Prison Fellowship Ministries mentÐa permanent mechanism to monitor re- gious liberty—must play proper roles in Religious Action Center for Reformed Juda- ligious persecution overseas. Countries found shaping the U.S. foreign policy agenda. ism to be engaged in ``widespread and ongoing'' Both letters are submitted for the RECORD. The Rutherford Institute persecution which involves abduction, en- Other supporters of the bill include: the The Salvation Army slavement, killing, imprisonment, forced mass International Campaign for Tibet, the Christian Seventh Day Adventist Church relocation, rape, torture or the imposition of Coalition, the U.S. Catholic Bishops' Con- Southern Baptist Convention particularly severe fines, would be named and ference, the Family Research Council, the Na- U.S. Catholic Bishops Conference tional Jewish Coalition, the Anti-Defamation Union of American Hebrew Congregations subjected to four punitive actions. These ac- Union of Orthodox Jewish Congregations of tions are: League, the Religious Action Center for Re- America (1) A ban on non-humanitarian foreign aid; formed Judaism, the Southern Baptist Ethics Voice of the Martyrs (2) A ban on visas to individuals known to and Religious Liberty Commission, the Amer- World Evangelical Fellowship-Religious Lib- be responsible for persecution; ican Family Association, Prison Fellowship erty Commission (3) A ban on U.S. support for loans by inter- Ministries, the Union of Orthodox Congrega- THE COALITION FOR THE DEFENSE OF HUMAN national financial institutions to offending coun- tions of America, the Salvation Army, the RIGHTS UNDER ISLAMIZATION tries, and Catholic Alliance and B'Nai B'rith. Advocates International (4) Two narrowly-targeted export bans The bill is also supported by a number of Agape International which ban the sale of items used for torture to groups representing ethnic groups suffering American Coptic Association offending countries and the direct export of persecution like the American Coptic Associa- American Coptic Union goods to entities responsible for persecution. tion, the Cardinal Kung Foundation, the Free Asian Christian Ministries The bill is moderate and balanced. It pro- Assyrian International News Agency Vietnam Alliance, the Pakistani-American As- Assyrian National Congress vides the President with the authority to waive sociation, the Ahmadiyya Movement in Islam Assyrian Political Review the sanctions when national security interests and Southern Sudanese in America. Bangladesh Reformed Presbyterian Theo- would be served or if waiving the sanctions And there are many, many more. A total list logical would ``promote the objectives of the act.'' of supporters is submitted for the RECORD. All Seminary Finally, the bill imposes sanctions on the have worked tirelessly to pass this bill and I Bet-Nahrain government of Sudan until it ceases its mas- thank them for their efforts. Canadian Coptic Association sive campaign of religious persecutionÐthe When H.R. 2431 becomes law, America will Christian Amnesty same sanctions that were imposed on the reaffirm for all the world that we still honor Christian Copts of California Christian Voice of Pakistan government of South Africa in the 1980's for those ringing words in the Declaration of Inde- Coptic American Friendship Association its immoral apartheid policy. pendence that, ``We hold these Truths to be Coalition Committee of Experts When America speaks out, it makes a dif- self-evident, that all Men [and women] are cre- Coming Home USA ference. Just ask noted Russian Jewish dis- ated equal * * * endowed by their Creator CREED sident Natan Sharansky, who languished for with certain unalienable Rights, that among Egyptian Relief Agency H3268 CONGRESSIONAL RECORD — HOUSE May 14, 1998 Eritrean Academic Committee to persecution regimes while also creating erend Keith Ackerman, The Episcopal Federation of Hindu Associations real accountability on his part if he chooses Church, Bishop of Quincy; William Foundation for Faith in Search of Under- to do so. Armstrong, Former U.S. Senator (1979– standing The Act’s small, distinguished and inde- 1990); Gary L. Bauer, President, Family Freedom USA pendent office will have no policy-making Research Council; William J. Bennett, Institute on Religion and Democracy authority—thus leading to fact-based, less Co-Director, Empower America; Dr. Indo-American Kashmir Forum politicized findings of whether and where re- Bill Bright, President, Campus Crusade International AWAZ ligious persecution actually occurs. for Christ; Charles Colson, Chairman of The Act’s application of the South Africa International Christian Concern the Board, Prison Fellowship Min- sanctions against Sudan will ensure that we Iranian Christians International istries; Michael Cromartie, Senior Fel- treat genocide with no less resolve than was HIS low, Ethics and Public Policy Center; Jubilee Campaign brought to bear against apartheid. The Act’s moderate reform of immigration Nathan J. Diament, Director, Institute Law and Liberty Trust practices, in a manner fully consistent with for Public Affairs, The Union of Ortho- Lebanese Organization of New York existing immigration law, will help secure dox Jewish Congregation of America; MECHRIC traditional American protection for victims Bishop Alex D. Dickson, Director, In- Middle East Research Center of religious persecution. stitute for Christian Leadership, and National Interreligious Task Force Because various provisions of the Act may Vice President, American Anglican New Sudan Foundation be the subject of amendments on the House Council; Dr. James Dobson, President, Operation Nehemiah for South Sudan floor, we believe it useful to set forth our Focus on the Family; Rev. John C. Open Doors-Netherlands views on a number of important matters. Eby, National Coordinator, American Pakistani-American Association Sudan: This is a regime responsible for Baptist Evangelicals; Sam Elisha, Di- Pakistani Apostolate wholesale torture, rape, starvation, murder rector, Special Ministries Division, HIS Persecution Relief and enslavement of religious communities. International, Inc.; David H. Research and Education Foundation Thus, the Act’s Sudan provision reflects a Engelhard, General Secretary, Chris- South Lebanese Christian Association central moral premise of our movement—the tian Reformed Church of North Amer- Southern Sudanese in America need for full parity in America’s resistance ica; Edward L. Foggs, General Sec- Southern Sudan Resource Center to South African apartheid and Sudanese retary, Leadership Council, Church of Society of St. Stephen genocide. We urge the House to restore the God; Deacon Keith A. Fournier, Catho- The Trinitarians Religious Freedom Pro- most effective sanction against this regime: lic Alliance; Abraham H. Foxman, Na- gram a ban on imports from the Sudan. tional Director, Anti-Defamation Immigration Reform: Given America’s es- Toronto Coptic Association League; Jim Geist, Executive Director, tablishment as a haven for victims of reli- Wake-up Coalition Interfaith Alliance for Christian gious persecution, today’s often-hostile World Evangelical Fellowship-Religious Lib- Human Rights; Chris Gersten, Presi- treatment of religious asylum claimants is erty Commission dent, Institute for Religious Values; World Lebanese Organization deeply troublesome. Yet, despite statutory provisions barring the summary exclusion of Dr. Scott M. Gibson, President, Amer- World Maronite Union ican Baptist Evangelicals; Dr. Os Zwemer Institute of Muslim Studies some classes of asylum applicants, the Act maintains the Immigration Service’s right Guinness, Senior Fellow, The Trinity to summarily exclude religious asylum ap- Forum; E. Brandt Gustavson, Presi- CHRISTIAN LEGAL SOCIETY, dent, National Religious Broadcasters; Annandale, VA, May 11, 1998. plicants without full hearings. The Act’s modest reforms represent minimal progress Michael Horowitz, Director, Project for Hon. NEWT GINGRICH, RICHARD GEPHARDT, in a critical area of concern. We will fight International Religious Freedom, Hud- DICK ARMEY, and DAVID BONIOR, hard to restore them. son Institute; Clyde M. Hughes, Gen- U.S. Congress, Non-Humanitarian Foreign Aid: The Act’s eral Overseer, International Pente- Washington, DC. response to regimes engaged in ‘‘widespread costal Church of Christ; Charles ****, DEAR MR. SPEAKER, CONGRESSMEN GEP- and ongoing’’ acts of hard-core religious per- Research Director, American Anti- HARDT, ARMEY, AND BONIOR: We take great secution—ending their non-humanitarian Slavery Group; James Jacobson, Presi- heart from recent House actions in support taxpayer subsidies—qualifies as a ‘‘sanction’’ dent, Christian Freedom International; of a growing, nationwide movement of con- only by stretching the meaning of that term. The Right Reverend Stephen H. Jecko, science against religious persecution. We believe it axiomatic that no taxpayer The Episcopal Church, Bishop of Flor- We are deeply grateful for the stunning 31– subsidies should go towards such regimes, ida; D. James Kennedy, Ph. D., Coral 5 House International Relations Committee and therefore strongly oppose the removal of Ridge Presbyterian Church; Ed Koch, vote in favor of the Freedom From Religious Export Import Bank subsidies from the Act’s Former Mayor of New York City, New Persecution Act. We are further grateful for reach. Further, because Presidential waivers York; Diane Knippers, Institute on Re- the House Leadership’s scheduling of a floor can restore those subsidies, and because ligion and Democracy; Bishop Richard vote on this Act on May 14. We note as well some hard-core persecutors will be largely W. Kohl, Evangelical Congregational Senate Leadership commitments to ensure unaffected by the Act without withdrawal of Church; Shawley F. Koras, President, 105th Congress consideration of anti-persecu- Export-Import Bank subsidies, we strongly American Coptic Association; Dr. Bev- tion legislation. These developments are believe that the Act will not have its nec- erly LaHaye, Chairman, Concerned critical steps towards achieving the impera- essary effectiveness without this vital fea- Women for America; Dr. Richard Land, tive goal of ending today’s widespread and ture. President and CEO, Ethics and Reli- ongoing persecutions of vulnerable commu- The Freedom From Religious Persecution gious Liberty Commission, Southern nities of faith. Act is moderate in its responses to persecu- Because further Congressional action re- Baptist Convention; Dr. Duane Litfin, tion but serious about putting those re- President, Wheaton College; Michael mains to be taken, we believe it useful to set sponses into effect. It will make the Presi- out our view of the elements necessary for McConnell, Presidential Professor, dent accountable if he exercises his broad University of Utah College of Law; Ste- effective legislation. authority to waive its sanctions. By its tar- ven T. McFarland, Director, Center for In so doing we again endorse the Freedom geted focus on hard-core persecution it offers Law and Religious Freedom, Christian From Religious Persecution Act, in the real protection to vulnerable believers. It Legal Society; Michael Medved, Film strongest terms, and reiterate our intent to will deal evenhandedly with all persecuting Critic, Radio Host; Rev. Dr. Peter work for its rapid passage. The Act’s pros- regimes, whether strong or weak. It is mod- pects in the House result from efforts of a eled on the Jackson-Vanik law, which helped Moore, Dean and President, Trinity broad coalition of religious groups and such bring freedom to people of all faiths in the Episcopal School for Ministry; Father House leaders as Representatives Wolf, Ber- Soviet Union and elsewhere. It puts America Richard Neuhaus, Editor-in-Chief, man, Gilman, Gjedenson, Hall, Pelosi, Chris on the right side of history and ensures that First Things Journal, Institute on Re- Smith and Majority Leader Armey. We be- the world will not see us as the Swiss are ligion and Public Life; Michael Novak, lieve that these efforts will produce historic now seen to be—a country willing to abet George Frederick Jewett Chair, in Re- legislation, and for the following reasons: evil in the pursuit of expedient goals and ligion and Public Policy, American En- The Act’s baseline sanction of withdrawing short-term financial gain. terprise Institute; Marvin Olasky, Edi- non-humanitarian foreign aid from persecut- Prayerfully and with full determination, tor, World Magazine; The Very Rev. ing regimes is both limited and meaningful— we intend to work for the Act’s overwhelm- Keith Roderick, Coalition for the De- and will be a powerful tool to end the threats ing adoption by the House, and for Congres- fense of Human Rights Under of murder, torture, rape, starvation and en- sional enactment of effective legislation. We Islamization; Rabbi David Saperstein, slavement now faced by millions of believers. remain at your pleasure in our continuing ef- Director, Religious Action Center of The Act’s limited but targeted focus on fort to realize this long-needed and historic Reform Judaism; Nina Shea, Director, hard-core persecution ensures that its reach outcome. Center for Religious Freedom, Freedom will not exceed its grasp. Respectfully, House; Ronald J. Sider, President, The Act’s waiver provisions fully allow the John Ackerly, President, International Evangelicals for Social Action; Steven President to maintain non-humanitarian aid Campaign for Tibet; The Right Rev- L. Snyder, President, International May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3269 Christian Concern; Jack Stone, Gen- However, he has been aware for many The Freedom from Religious Persecution eral Secretary, Headquarters Oper- months of Frank Wolf’s particular efforts to Act rightly links U.S. aid to a country’s per- ations Officer, Church of the Nazarene; advance the issue of religious freedom in the formance on religious liberty, a linkage that Randy Tate, Executive Director, Chris- Congress. In February of this year the Dalai the U.S. Catholic bishops have long urged for tian Coalition; Jim Wallis, Editor-in- Lama sent a message, which I enclose, to a the full range of fundamental human rights. Chief, Sojourners Magazine; The Right Washington meeting on religious persecution This bill represents a modest step that re- Reverend William C. Wantland, The which focused on strategies to advance the flects growing awareness that this vital Episcopal Church, Bishop of Eau Wolf bill. I also enclose remarks he made human rights issue has too often been over- Claire; Commissioner Robert A. Wat- this morning at the Wisconsin state legisla- looked, and a growing conviction that core son, National Commander, The Salva- ture, the column mentioned above, and a let- American values—including respect for reli- tion Army; Tom White, The Voice of ter to the editor from Rabbi David gious liberty—must play proper roles in the Martyrs. Saperstein taking issue with Mr. Lewis’ shaping the U.S. foreign policy agenda. ‘‘misassessment.’’ The Freedom from Religious Persecution WEI JINGSHENG FOUNDATION, It would be unfortunate if the efforts of the Act, as revised, covers persecution against Washington, DC, May 12, 1998. International Campaign for Tibet, Students believers of all faiths in all countries. The To All Members of the House of Representatives: for Free Tibet and other U.S. Tibet support bill provides appropriate responses to the I have recently heard that you will soon groups to bring attention to the fact of reli- most egregious forms of religious persecu- consider the Freedom from Religious Perse- gious persecution in Tibet and to gain Con- tion involving widespread killing, torture, cution Act that is sponsored by my friend gressional support for Mr. Wolf’s bill were enslavement, forced relocation and the like. Congressman Frank Wolf. I want to express eclipsed by a misrepresentation of the Dalai It ends military aid, sales and financing to the great interest I have for this effort to Lama’s views in the final hours of debate. some of the world’s most brutal regimes sanction the Chinese communist authorities I hope you will share this information with that, in many cases, also violate the full for their denial of the basic right of freedom your colleagues should the need arise. range of fundamental human rights. The bill of religion. Sincerely, also ends most other forms of U.S. assist- I strongly believe that the freedom of reli- MARY BETH MARKEY, ance, while exempting humanitarian and de- gious beliefs is one important component of Director of Government Relations. velopment aid to avoid indirect harm to man’s fundamental human rights. The Chi- those whom the bill seeks to help. It does nese communist leadership continues to MESSAGE OF THE DALAI LAMA not impose embargoes, but rather imposes trample on freedom of religion as it tramples All religions teach compassion and aim to modest, highly-targeted sanctions against on the basic rights of all Chinese people. I alleviate suffering. It is therefore no surprise specific governmental entities directly in- have personally witnessed the oppression and that Christian men and women in the United volved in egregious persecution. exploitation of religious groups and individ- In addition, the revised bill provides ample States have taken on a campaign to end the uals that occurs today in China. The true sit- waivers for national security reasons and for suffering of those persecuted around the uation may be difficult for Americans to cases where the president deems sanctions world for their religious faith. As a Tibetan imagine, and it is difficult for the Chinese counter-productive. Finally, the revised bill and a monk, I am deeply gratified by the ef- people to imagine. If I did not see myself, contains other helpful features, such as im- forts you are undertaking to draw attention even I would not imagine the shameful and proved training for asylum and foreign serv- to China’s policies in my country which are despicable means the Communists use ice officers. increasingly focused on the eradication of against religious relievers. As pastors of a universal Church we are all the Tibetan Buddhist culture. I feel that if a government such as China too familiar with the human face of religious While many people remember Mao Tse- which has for such a long time totally denied persecution. That is why we respectfully tung’s terrible admonition that ‘‘religion is the rights of freedom of religion to its citi- urge you to support H.R. 2431 as a modest poison,’’ few people understand that this re- zens cannot receive sanction, then it is com- but valuable step toward relieving the plight mains China’s policy on religion to this day, pletely unjust. I urge the friends of human of those who suffer solely for their faith. nor do they understand the insidious nature rights to support this effort. Sincerely yours, of that government’s involvement in religion Respectfully, THEODORE E. MCCARRICK, practice in China and Tibet. For example, in WEI JINGSHENG. Archbishop of Newark, my country, monasteries and temples are Chairman, International Policy Committee. under the purview of the Religious Affairs CARDINAL’S OFFICE, Bureau (a local government body), the local New York, NY, May 12, 1998. RELIGIOUS ACTION CENTER Communist Party Committee, Party work Hon. FRANK R. WOLF, OF REFORM JUDAISM, teams, and branches of police stations set up House of Representatives, Washington, DC, May 12, 1998. under the Public Security Bureau. Since Washington, DC. DEAR REPRESENTATIVE: On behalf of the DEAR CONGRESSMAN WOLF: Be assured of 1959, almost every monastery has been over- Union of American Hebrew Congregations my strong support for the Freedom from Re- seen by a Democratic Management Commit- and the Central Conference of American ligious Persecution Act and my firm hope tee (DMC) which manages the monastery’s Rabbis, which represent 1.5 million Reform that the House of Representatives will vote affairs including religious affairs, study, se- Jews and 1,800 Reform rabbis in North Amer- in favor of it overwhelmingly. curity and finances. These DMCs have sup- ica, I write to express support for the Free- I have been following the tragic course of planted the traditional role of abbot in guid- dom From Religious Persecution Act of 1997 religious persecution with close attention for ing the religious and administrative func- (H.R. 2431) and to urge you to vote for its many years. No religious body can assume tioning of the monastery. passage when the full House considers the itself to be exempt. The Freedom from Reli- The Tibetan people are deeply religious bill on Thursday, May 12. gious Persecution Act could begin the des- and suffer great cruelties for their faith. We have been horrified by stories of reli- perately needed process of ending the legiti- From the Buddhist point of view, this suffer- gious minorities suffering brutal persecution mizing of such persecution. In my judgment, ing is in itself a kind of teaching and bene- at the hands of governments and local au- its passage would be an act of courage of his- fits the spiritual growth of the individual. I thorities. Tibetans are ruthlessly punished toric proportions. know that suffering is of special significance by the Chinese for simply owning a picture I am deeply grateful for your personal role. in the Christian faith as Jesus himself took of their spiritual leader, the Dalai Lama; the Faithfully, on the suffering of mankind. Your campaign Islamic government in Sudan commits Cardinal O’CONNOR, to end religious persecution bears witness to atrocities against its Christian population Archbishop of New York. the suffering of others, challenging devout including torture, rape and murder; and in men and women to recommit to the teach- Egypt, the Coptic Christian minority has INTERNATIONAL CAMPAIGN ings of their faith, which includes the devel- been the target of Islamic fundamentalist vi- FOR TIBET, opment of compassion, not just to friends, olence. We cannot turn our back against in- Washington, DC, May 13, 1998. but to everyone. Again, I commend you for nocent people whose sole ‘‘crime’’ is the ex- Hon. BENJAMIN A. GILMAN, your compassionate work for peace in Tibet pression of their deepest religious beliefs. Chairman, Committee on International Rela- and in the world. Having so often been the victim of persecu- tions, House of Representatives, Washing- tion, it is our duty and obligation as part of ton, DC. DEPARTMENT OF SOCIAL the Jewish community to not only speak out DEAR CHAIRMAN GILMAN: It has come to my DEVELOPMENT AND WORLD PEACE, against the persecution of other religious attention that some House Members are Washington, DC, May 11, 1998. groups around the world, but to take affirm- using a May 11 New York Times column by U.S. House of Representatives, ative steps to prevent such persecution in Anthony Lewis to advance the position that Washington, DC. the future. the Dalai Lama opposes ‘‘The Freedom from DEAR MEMBER: I am writing to renew our The Freedom from Religious Persecution Religious Persecution Act,’’ scheduled for a support for the Freedom from Religious Per- Act (H.R. 2431) works to protect people of all vote in the House tomorrow. secution Act (H.R. 2431), which passed the religions from persecution on the basis of It is the custom of the Dalai Lama not to House International Relations Committee by their faith. The coalition supporting it is take a position on specific U.S. legislation. an overwhelmingly 35–1 vote. broad and unified, spanning the political H3270 CONGRESSIONAL RECORD — HOUSE May 14, 1998 spectrum. The bill is not, nor does it purport tims in the most forceful and effective man- wide anti-semitism. We have heard riv- to be, a solution to all violations of religious ner possible. eting and revolting first-person ac- liberty around the world. It does, however, Sincerely, count testimony of the torture of Ti- offer a serious important and modest tool for HOWARD P. BERKOWITZ, betan Buddhist monks and nuns, of combating the most blatant forms of reli- National Chairman. gious persecution and helping to improve the ABRAHAM H. FOXMAN, atrocities against Muslims in Bosnia situation of millions who suffer simply be- National Director. and East Turkistan, and of Baha’i in cause of their faith. Iran. As committed as we are to combating reli- THE SALVATION ARMY, The time has come, Mr. Speaker, not gious persecution, the legislation as it was Alexandria, VA, March 10, 1998. just to talk about the problem of reli- originally introduced was problematic for Re Freedom from Religious Persecution Act gious persecution—talk is often some of us. However, the bill coming to the (H.R. 2431). cheap—but to do something about it. House floor is substantially different from Hon. FRANK R. WOLF, The gentleman from Virginia (Mr. when it was introduced in September, 1997. 241 Cannon House Office Building, WOLF), a hero of the human rights The current version of the bill now addresses Washington, DC. some of our most pressing concerns by: movement, has clearly shown us the DEAR FRANK: I urge you to support the cap- way. broadening the coverage of the bill to in- tioned bill. clude all religious groups in all countries; The Salvation Army serves in 103 countries During the course of the legislative moving the monitoring office from the White around the world. We see enough evidence of process, the gentleman from Virginia House to the State Department; providing a documented religious persecution to know it worked closely with a broad coalition presidential waiver for sanctions when they is important for the United States to take a of evangelical Christians, Jewish orga- would endanger the persecuted group; ending moral stand, which hopefully can bring some nizations, the United States Catholic U.S. military aid, military sales and mili- relief to those who are suffering because of Conference, and the International Cam- tary financing to some of the world’s most their beliefs. brutal regimes; broadening the exemption paign for Tibet, in order to improve the You have many matters that require bill. It has truly been, I say to my col- for humanitarian and development aid; and thought, prayer, and action. I urge you to restoring some vital procedural safeguards consider supporting this legislation. leagues, a work in progress. We worked for those seeking asylum from persecution May God bless you. very hard to incorporate meaningful on account of their religion, safeguards that Sincerely, reforms and language that were sug- we urge also be restored for those claiming ROBERT A. WATSON, gested by the administration. As a persecution on grounds of race nationality, National Commander. matter of fact, I offered the amend- membership in a particular social group, or political opinion. ments during markup in full commit- FOOD & ALLIED SERVICE TRADES, We urge you to support this bill and to op- tee that makes it very clear that it is Washington, DC, May 13, 1998. pose any major changes to the legislation the Secretary of State and not the di- Hon. FRANK R. WOLF, when it comes to the floor on May 14th; in House of Representatives, rector who makes the final call. That particular, to oppose efforts to change the Washington, DC. was a recommendation that came from definition of persecution, to eliminate the DEAR REPRESENTATIVE WOLF: I am writing the White House, and I think the bot- automatic sanctions requirement, or to to express my support for H.R. 2431, the Free- tom line is that it probably improves weaken the refugee and asylum provisions. dom From Religious Persecution Act of 1998. I hope you will help pass legislation which the bill. This bill would improve the monitoring of represents a modest and long overdue effort We also made it very clear—and I religious persecution and provide for the im- to address vital human rights concerns. offer this as well, because there was position of sanctions against countries en- Sincerely, some ambiguity, although never at all gaged in a pattern of religious persecution. RABBI DAVID SAPERSTEIN. is the intent of the gentleman from Sadly, people of faith continue to be tor- mented in many countries. By simply exer- Virginia (Mr. WOLF)—that this bill ap- ANTI-DEFAMATION LEAGUE, plies to everyone, Christians, Jews, New York, NY, March 19, 1998. cising their beliefs they risk bodily harm, prison, and sometimes death. Your bill reaf- Muslims, Hindus, religious believers of Hon. FRANK WOLF, House of Representatives, firms the idea that this country stands in every and any faith, and I think it is Washington, DC. support of basic human rights and human important that that be underscored DEAR REPRESENTATIVE WOLF: On behalf of dignity and that our national interest tran- this morning. the Anti-Defamation League, we commend scends narrow economic advantage. It places Let me repeat, we not only focused your longstanding efforts on behalf of per- the United States on the side of the op- on persecuted Christians, but also on secuted peoples and your leadership in intro- pressed, not the oppressors. persecuted Muslims. For example, the ducing legislation that has already sparked You are to be commended for your leader- ship on this issue, and I hope this bill re- bill contains a specific finding sug- action to raise the diplomatic profile of the gested by the gentleman from Califor- issue internationally. ceives favorable consideration by the House. Enactment of the Freedom from Religious Sincerely, nia (Mr. ROHRABACHER) with respect to Persecution Act will strengthen our nation’s JEFFREY L. FIEDLER, the Uighur, an overwhelmingly Muslim hand in dealing with countries which torture President. ethnic group in the formerly independ- and oppress individuals on the basis of their The SPEAKER pro tempore (Mr. ent Republic of East Turkistan, who faith. It would codify the kind of increased KINGSTON). The Chair would remind the are now severely persecuted by the reporting and training of U.S. personnel that gentleman from Florida (Mr. DIAZ- Communist Government of China. will be critical to monitoring and addressing BALART) he has 9 minutes remaining, The bill also makes crystal-clear this horrific problem. and the gentleman from Ohio (Mr. We welcome recent modifications in the that in affording heightened protection legislation which take into consideration HALL) has 18 minutes remaining. for members of religious communities both the safety of victims on the ground and Mr. DIAZ-BALART. Mr. Speaker, I whose situation is particularly compel- the disparate circumstances in which perse- yield 5 minutes to the distinguished ling, the Freedom From Religious Per- cution may occur. While the mechanism cre- gentleman from New Jersey (Mr. secution Act will not sacrifice any of ated by the bill was always designed to pro- SMITH). the protections currently afforded to tect all persecuted peoples, the language now Mr. SMITH of New Jersey. Mr. victims of other forms of persecution, makes clearer that it is inclusive of all Speaker, I thank the gentleman for whether it be on religious grounds or faiths. Also, the bill seeks to safeguard pro- yielding to me. tections already in place for victims of all for any other reason. There is no hier- human rights abuses. Mr. Speaker, first of all, let me say archy of human rights. That is an abso- ADL supports addressing all forms of op- that I am very proud to be a cosponsor lutely bogus contention. Every time we pression with equal vigor, but also recog- of H.R. 2431, the Freedom From Reli- pass a human rights bill, we are saying nizes the value of spotlighting problems such gious Persecution Act. The Sub- we want to focus on that, we want to as religious persecution which is a bell- committee on International Operations advance the bill to protect a persecuted wether for how countries behave on other and Human Rights, of which I am privi- or somehow disadvantaged group of in- fronts. We view this legislation as an impor- leged to serve as chairman, has held ex- tant tool to make religious freedom a more dividuals around the world. prominent factor in U.S. diplomacy. As the tensive hearings on the subject of reli- I truly believe that we finely tuned bill moves forward, we are open to exploring gious persecution, including hearings and carefully calibrated the sanctions further refinements that may ensure that on the rising tide of persecution of in this bill, and I would remind Mem- U.S. policy will alleviate the suffering of vic- Christians, and the rising tide of world- bers and ask them to read the bill. We May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3271 are not talking about discrimination, Mr. COOK. Mr. Speaker, I rise in sup- I remember Dr. Veguilla, a constitu- as bad as that is; we are talking about port of The Freedom From Religious ent of mine now, who was expelled persecution. We are talking about peo- Persecution Act. This bill clearly puts from Cuba because he was an evan- ple who have severely suffered for their America on the side of religious lib- gelical; and he still is an evangelical faith. erty. Why should America give eco- minister. Because of his religion and We also have a waiver. The waiver nomic aid to countries that oppress his activities in Cuba, he was placed by states, and there are two waivers, that and persecute people just because of the Cuban dictatorship in a cell with a if the national security interests of the their religion? The thought that a bear as a form of tyranny. United States justify a waiver, the country can have widespread govern- It is to the Dr. Veguillas of the world President has that option, or if such a ment-tolerated, and in some cases, gov- who, today we say, we remember you, waiver will substantially promote the ernment-sponsored religious oppression the United States of America stands purposes of this act, so there are two and still receive U.S. aid is an absolute with you and the conduct of brutal re- good waivers contained in this bill. travesty. While this bill will stop non- gimes made up of thugs will not only Mr. Speaker, I do ask Members to essential aid to offending governments, not be acquiesced, but will be con- support the rule, and I hope they will it does allow continued humanitarian demned by the people’s House, in rep- support the underlying bill when it and agricultural aid, so it will not hurt resentation of the sovereign people of comes up on the floor. the people it aims to help, and it gives the United States of America. Mr. HALL of Ohio. Mr. Speaker, I the President broad authority to grant I would urge passage of this rule and yield 2 minutes to the gentleman from a waiver if sanctions are deemed coun- passage of the underlying legislation, Ohio (Mr. STRICKLAND). terproductive. Clearly, this is a very Mr. Speaker. Mr. STRICKLAND. Mr. Speaker, last balanced and a flexible bill. Mr. Speaker, I yield back the balance weekend in Marietta, Ohio I had a Many of our forefathers came to of my time, and I move the previous chance to talk with the newly ap- America to escape the same kind of re- question on the resolution. pointed Chinese ambassador, and I ligious intolerance this bill will help to The previous question was ordered. raised with him the issue of Christians stop. So of all of the free Nations of the The resolution was agreed to. and others of religious faith who are world, we should have the strongest A motion to reconsider was laid on imprisoned in China. He denied that policy of supporting religious freedom. the table. that was the case. Following that ex- I urge my colleagues to support this The SPEAKER pro tempore (Mr. change, a young student attending very important measure. KINGSTON). Pursuant to House Resolu- Ohio University came to me and Mr. HALL of Ohio. Mr. Speaker, I tion 430 and rule XXIII, the Chair de- thanked me for raising the issue, say- yield myself such time as I may con- clares the House in the Committee of ing that he had been a part of the sume to say in closing that this is a the Whole House on the State of the Tiananmen Square student uprising, good bill, it is an important piece of Union for the consideration of the bill, and he could attest to the fact that legislation. The gentleman from Vir- H.R. 2431. China imprisons people of faith. ginia (Mr. WOLF) has provided great vi- It is almost impossible for us to sion and direction in this, and along b 1201 imagine a place where worship and fel- with the gentleman from New Jersey IN THE COMMITTEE OF THE WHOLE lowship is illegal, but The New York (Mr. SMITH) and the gentleman from Accordingly, the House resolved Times has reported and others have New York (Mr. GILMAN), they have itself into the Committee of the Whole substantiated that for people who live given it great support and direction. I House on the State of the Union for the in China and other oppressive coun- urge support of the rule and of the bill. consideration of the bill (H.R. 2431) to tries, religious persecution is a con- Mr. Speaker, I yield back the balance establish an Office of Religious Perse- stant reality. of my time. The Chinese Government likes to cution Monitoring, to provide for the Mr. DIAZ-BALART. Mr. Speaker, I imposition of sanctions against coun- claim that it allows religious pursuits thank the gentleman from Ohio (Mr. tries engaged in a pattern of religious and only arrests Christians who are HALL) and others, and especially the persecution, and for other purposes, troublemakers. But what they do not gentleman from Virginia (Mr. WOLF) with Mr. LAHOOD in the chair. say is that the so-called churches they who worked so hard on this legislation, The Clerk read the title of the bill. point to, the State-sanctioned church- so diligently. es, are actually under the control of In the last weeks we have witnessed The CHAIRMAN. Pursuant to the the Communist Party. China prohibits a series of diplomatic gestures which rule, the bill is considered as having Christians from worshipping in any served as blank checks of acceptance been read the first time. churches except those they deem patri- for the actions of tyrants and thugs. Under the rule, the gentleman from otic ones, that submit to the Com- The U.N. Human Rights Commission New York (Mr. GILMAN) and the gen- munist Party’s religious domination, failed to take up a resolution on China tleman from Indiana (Mr. HAMILTON) registration, regulation, control of completely. The U.N. Human Rights each will control 30 minutes. clerical appointments, and censorship Commission voted down a resolution The Chair recognizes the gentleman reached to the pulpit and to the altar, condemning the tyranny in Cuba, de- from New York (Mr. GILMAN). like forbidding the Second Coming of spite an increase in repression there in Mr. GILMAN. Mr. Chairman, I yield Jesus Christ. recent months. myself such time as I may consume. China is by no means the only coun- The President, as I mentioned before, (Mr. GILMAN asked and was given try that denies religious liberty. The is going to be received officially in the permission to revise and extend his re- Government of Sudan, for instance, next weeks when he goes to Communist marks.) uses tactics such as slavery, forced China at Tiananmen Square. There can Mr. GILMAN. As we begin today’s conversion, starvation, torture and the be no clearer message to the Chinese historic debate, Mr. Chairman, on the kidnapping of children against Chris- people of what that means in terms of Freedom From Religious Persecution tians and even Muslims they do not acquiescence to the conduct of that re- Act, I want to commend the gentleman agree with. gime, of brutality, and of inhumanity. from Virginia (Mr. WOLF) for his out- All of this is why I urge support for standing work in drawing attention to b the Freedom From Religious Persecu- 1200 the problems of religious persecution tion Act. This act seeks to use Ameri- This very week the First Lady is around the world, and for introducing ca’s leverage as the world’s only super- going to stay in the same hotel in Ge- this legislation to permanently enlist power to pressure oppressive countries neva as the Cuban tyrant. Is there no the United States in the fight against into allowing more religious freedom. other hotel that could have been cho- persecution. If we do not act, who will? If not now, sen by the Government of the United The tireless efforts of the gentleman when? States in Switzerland? What kind of from Virginia (Mr. WOLF) on behalf of Mr. DIAZ-BALART. Mr. Speaker, I message does that send to the ongoing persecuted religious believers has been yield 1 minute to the distinguished repression that is being suffered at this an inspiration to all of us and a bless- gentleman from Utah (Mr. COOK). point by the Cuban people? ing for followers of all faiths. H3272 CONGRESSIONAL RECORD — HOUSE May 14, 1998 Mr. Chairman, I also want to com- This bill, Mr. Chairman, is intended Let me try to give Members some ex- mend the gentleman from New Jersey to make the world a better, more hu- amples of what this bill will do. In (Mr. SMITH), the distinguished chair- mane place in accordance with the fin- Egypt there are, of course, reports of man of our Subcommittee on Inter- est moral values and traditions of our abuse against the Coptic Christians. national Operations and Human Nation. Accordingly, it deserves our How would automatic sanctions Rights, for his unwavering support of full support, and I urge its adoption. against Egypt help Coptic Christians human rights around the world and for Mr. Chairman, I reserve the balance whose leaders are opposed to this bill? his diligent efforts on behalf of this im- of my time. How would automatic sanctions portant legislation. Mr. HAMILTON. Mr. Chairman, I against Egypt, the first and most im- Mr. Chairman, let there be no doubt yield myself such time as I may con- portant Arab country to make peace that the results of the passage of H.R. sume. with Israel, help the peace process at 2431, the Freedom From Religious Per- Mr. Chairman, I rise in opposition to this moment in time? secution Act, is going to be felt around H.R. 2431. Or let us take Saudi Arabia. Chris- the world. That is what is intended. Mr. Chairman, we all agree that the tians have been beaten there, services While reaffirming our Nation’s com- United States should do more to pro- stopped, converts have been beheaded. mitment to the vital protection of reli- mote religious freedom around the How would sanctions against Saudi gious rights, it also sends a long over- world. I think everyone in this Cham- Arabia advance the vital U.S. national due signal to repressive governments ber wants to do that. I believe that the interest in the secure flow of oil? How that their repulsive behavior is no bill that is before us is brought forward would sanctions promote the goal of longer going to be overlooked. We are with the very best of intentions. The containing Saddam Hussein and enforc- not just going to talk about it. question is, what is the best way to ac- ing U.S. Security Council resolutions Persecuted Christians in Sudan, in complish our objective? I do not be- against Iraq? China, North Korea, Cuba, Laos, Viet- lieve this bill, as presently drafted, is Or Pakistan? Right now we are mak- nam, Indonesia, Saudi Arabia, Paki- the best way. I will oppose it. ing every effort, at this moment in stan, and other nations will be encour- I oppose it, really, for three reasons. time, to persuade Pakistan not to con- aged in their struggle to freely practice First of all, I think the bill will do very duct nuclear tests. Automatic sanc- their religion when they learn that serious harm to the United States’ na- tions would make that difficult to ask, world opinion is awakening to their tional interest. The United States’ na- even much more difficult. If we impose plight. They will take comfort from tional interest in any country is multi- automatic sanctions, what chance do the knowledge that at least our Nation faceted, but this bill forces the Presi- we have that the Pakistanis would pay will stop providing economic assist- dent to conduct American foreign pol- any attention to us? Likewise, a similar situation in Indo- ance and taking other actions to prop icy toward countries on the basis of a nesia. Catholics are persecuted in East up the very governments that have single standard, tolerance of religious Timor. The State Department says been oppressing them. freedom, as defined in the bill. I am aware that H.R. 2431 has been The mandatory, automatic sanctions that every single country in Southeast criticized as a ‘‘sanctions bill’’ by those in this bill sharply restrict the Presi- Asia, except Australia and New Zea- who are concerned about making a dent’s ability to conduct foreign pol- land, could be sanctioned under this bill. profit by trading with tyrants, and icy. A determination of religious perse- Would sanctions help the United that it has become fashionable in some cution would automatically trigger all States address the financial crisis in of the sanctions listed in this bill. Even circles to disparage economic sanctions Indonesia and in Asia today, with the if the President chose to waive the as retrograde and being ineffective and, threat that that poses to the entire sanctions, such a determination would indeed, even as being isolationist. world’s financial system? How would a Those who espouse that view conven- damage relations with countries of financial collapse promote religious iently forget that economic sanctions enormous importance to the United tolerance? contributed significantly to our Na- States. On and on we can go, in Germany, in tion’s triumph in the Cold War, and The bill will deprive the President of Greece, and even in Israel. In Israel, that the bipartisan policy we followed the ability to determine what to con- Jehovah’s Witnesses have been threat- for nearly 50 years of resisting com- demn and how to condemn it and how ened and attacked, and their meeting munism around the world was the most to deal with it. We are saying in this hall was firebombed. Is it really in the internationalist policy our Nation ever bill that there is only one way to deal U.S.’s interest to apply automatic followed. with this problem; that is to apply sanctions on our friend and staunch Sanctions helped bring about the end sanctions. ally, Israel, because of such incidents? of apartheid, and the threat of U.S. Foreign policy is not that simple. In This bill places the question of reli- sanctions is today one of the most im- making sanctions decisions, this bill gious persecution ahead of every other portant tools we have in the combat- gives the Secretary of State no author- question in American foreign policy, ting of international drug trafficking, ity to balance our concern about reli- and I think it is going to cause harm to and to discourage the proliferation of gious persecution against any other na- the American national interest. weapons of mass destruction. tional interest, not our economic stake My second objection is that the bill Mr. Chairman, I ask Members to in a foreign country, not our security will harm and not promote efforts to please bear in mind that the purpose of interests, not even our interest in pro- protect religious freedom. This is not this bill is not to impose sanctions on moting other basic human rights. some kind of theoretical concern that I foreign nations that engage in or con- The Secretary of State has no au- am spinning here. We have heard from done religious persecution. The main thority under this bill to exercise judg- churches and evangelical groups with purpose is to encourage countries to ment about how best to promote reli- tens of thousands of missionaries. We stop persecution. The degree to which gious freedom in any particular coun- have heard from people like Ned sanctions are actually imposed under try. The Secretary would be compelled Graham, Billy Graham’s son, who this measure will be the degree to to impose sanctions. The sanctions heads a major Christian mission in which the bill has failed. The degree to waiver does not mitigate the auto- China. which sanctions are not imposed will matic public censure this bill requires, What do these religious leaders say? be the degree to which it has suc- so the bill gives the President a single They do not like the bill. They worry ceeded. tool, sanctions, to promote religious that sanctions will produce a backlash Our sanctions are targeted to make freedom. against the persecuted religious com- certain that only oppressive govern- On a question of immense complexity munity that they are trying to help. ments will be denied foreign aid and in every country, this bill shackles the The bill will put greater pressure on other U.S. benefits, not the innocent United States and says, automatic minority religious communities, and people who live under such govern- sanctions is the answer. I think it these minority communities will be ac- ments. Humanitarian assistance will harms our ability to promote religious cused of complicity in American sanc- never be cut off under this measure. freedom. tions. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3273 The third reason I oppose this bill is address. We are not talking about dis- Sudan. He said, ‘‘Because I want to because it creates a damaging hier- crimination or harassment, although see.’’ If Members look closely, his eye archy of human rights violations. What these are very bad things. This bill has been plucked out. The staff mem- this bill does is it makes religious per- punishes only the worst of the worst: ber asked who tortured him. He said secution the top priority of human governments that engage in wide- they did it because of his religious be- rights and human immigration policy. spread, ongoing persecution that in- liefs. This bill says that religious persecu- cludes murder, torture and other par- Mr. Chairman, let me speak briefly tion is more important than any other ticularly shocking forms of persecu- to two objections raised by the admin- kind of persecution: more important tion. Let us look at what we mean by istration in their talking points than female infanticide, more impor- this. against the bill. First, they say that by tant than racial discrimination, more To my left in the photograph is protecting victims of religious persecu- important than press censorship, more Palden Gyatso, a Tibetan Buddhist tion in a bill that does not address important than ethnic cleansing. None monk. Palden Gyatso testified at one other human rights violations, we are of these equally serious rights abuses of our subcommittee hearings and told establishing a so-called hierarchy of would be monitored by a special State us that the Chinese Government rou- human rights. This is a bogus argu- Department office and punished with tinely uses electric shock guns, ser- ment and unworthy of those who em- its own unique set of sanctions. rated and hooked knives, handcuffs and ploy it. The argument clearly ignores It is a mistake, in my view, to estab- thumbcuffs treatment and other forms some very basic facts about the legisla- lish a hierarchy of human rights viola- of torture. He showed us some of the tive process. Not every bill can address tions in U.S. law, and when we state torture implements that have been every subject. By addressing one ur- that one form of persecution takes pri- used against himself and other pris- gent problem in this bill, we are not de- ority over another form of persecution, oners of conscience in Tibet. Other wit- nying the existence of other urgent we invite governments to test our tol- nesses at the hearing included Harry problems that should be addressed by erance for other forms of persecution. Wu and Katherine Ho who corroborated other legislation or by other means. In conclusion, Mr. Chairman, may I the monk’s testimony. Their witness to Under the administration’s argu- say that I think it is appropriate and torture brought tears to my eyes. ment, it would have been wrong to important for Congress to address this On October 10, the second picture, a enact the Jackson-Vanik amendment important issue. I want to say that the mob destroyed several Christian which protected freedom of immigra- sponsors of this bill have been willing churches in Situbondo, Indonesia. At tion and had the laudatory con- to make adjustments on it, and I ap- the time, some official sources main- sequence of protecting Soviet Jews and preciate that, and I hope they will be tained that this might not be religious others who had been denied right to willing to make more. persecution, that the churches just emigrate. We risked superpower con- I know it is very, very difficult for might have been random targets. But frontation with the Soviet Union be- any Member to come into this Chamber the slogans that were painted on the cause we believed Soviet Jews and vote against this bill, but we need church by the people who burned it mattered and we would never again a bill that will not provoke a backlash (the translation is ‘‘Jesus Excre- turn our back on persecuted Jews? against persecuted religious commu- ment’’—and they used a word far worse Not even the anti-apartheid sanc- nities. We need a bill that will give the than that—‘‘Mother Mary Com- tions against South Africa in the 1980s, President and the Secretary of State munist’’) leave no room for doubt. which I supported and voted for would the power to balance our interests in The third picture, this was a church pass the test proposed by the State De- reducing religious persecution against in which an elderly minister, his wife partment’s talking points, because the full range of important and even and two children and a young woman those sanctions were designed to help vital national interests, and we need a who worked at the church were burned victims of racial discrimination and ra- bill that gives the President the ability to death. The next picture shows their cial persecution but did not address to craft an appropriate response to charred bodies burned almost beyond freedom of religion or other important each distinct instance of religious per- recognition. human rights. Frankly, if we stuck to secution. This is not that bill. At the funeral of their five victims, the administration’s talking points, no Because it falls short in these key re- the caskets had to be closed because important human rights legislation spects, the President’s senior advisers the persecutors had done their work so would ever pass because no bill, no will recommend that he veto it, and I well. matter how good, can do everything. urge Members to vote against it. This next picture, Mr. Chairman, is Next, the administration suggests Congress has before it other legisla- the last view of Reverend Noor Alam, a that it is wrong for Congress to enact tive proposals designed to promote re- Christian clergyman who was murdered what they call ‘‘automatic sanc- ligious freedom overseas. I am hopeful in front of his family in Pakistan by a tions’’—sometimes they call them ‘‘one that we will ultimately be able to mob who first brought down the walls size fits all’’ sanctions—even against agree on a bill that has strong biparti- of his under-construction church build- the most brutal governments. But we san support and the backing of the ing on December 6, 1997, and later have to wonder whether whoever wrote President, a bill to promote our shared killed him by lynching. Lynching has those talking points had actually read objective of religious freedom, without become increasingly common in Paki- the bill. The sanctions are not auto- the damaging consequences of this bill. stan in recent years, as have convic- matic. They will not go into effect if b 1215 tions of Christians and other religious the President waives them, and he can I urge a no vote. dissenters for blasphemy. The most re- waive them for either national security Mr. Chairman, I reserve the balance cent tragedy to result from this spiral reasons or because he believes that the of my time. of violence was the death of Catholic waiver will serve the objective of pro- Mr. GILMAN. Mr. Chairman, I yield 6 Bishop John Joseph, who took his own moting religious freedom. minutes to the gentleman from New life in public protest after a member of Let me just remind my colleagues, Jersey (Mr. SMITH), distinguished his diocese was sentenced to death for this is a very generous waiver. The chairman of our Subcommittee on blasphemy. At Bishop Joseph’s funeral, only way we could go further would be International Operations and Human the mourners chanted, ‘‘End persecu- to give the President the freedom to do Rights. tion of Christians.’’ The police fired absolutely nothing at all in the face of Mr. SMITH of New Jersey. Mr. Chair- tear gas and bullets that wounded severe, widespread and ongoing human man, I thank the gentleman for yield- three people, including a young girl. rights violations and persecution. In ing the time to me and commend him Picture No. 6 on my left, this picture evaluating legislation that deals with for his great work on this, and the gen- is of a Sudanese Christian boy in a ref- persecution of any kind, we must al- tleman from Virginia (Mr. WOLF) as ugee camp in Kenya. A member of a ways remember that tyrants under- well. congressional staff delegation, led by stand strength. They also understand Let us focus on exactly what kind of my staff director, Joseph Rees, asked weakness. Of all the millions of people religious persecution this bill seeks to him why he was afraid to return to who are victimized by tyrants around H3274 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the world, many are in trouble because tleman from Texas (Mr. ARMEY), our Mr. HAMILTON. Mr. Chairman, I they share our values. This bill is de- majority leader, a staunch advocate of yield 3 minutes to the gentleman from signed to help our brothers and sisters human rights and religious freedom New York (Mr. HOUGHTON). around the world who have faith and throughout the world. Mr. HOUGHTON. Mr. Chairman, I suffer because of it. Mr. ARMEY. Mr. Chairman, I thank thank the gentleman from Indiana (Mr. Wei Jingsheng, who also testified be- the gentleman from New York for HAMILTON) for yielding the time. fore our subcommittee, a great leader yielding time to me. First of all, I want to say that this is of human rights who spent his life in I want to personally, if I may, per- a very, very difficult subject because it the gulag because of it, said: ‘‘If I did sonally thank the gentleman from Vir- digs right down into our emotions, our not see it myself, even I could not ginia (Mr. WOLF) for his work on this religious beliefs and what is right and imagine the shameful and despicable legislation and his uncompromising what is wrong. means the Communists use against re- commitment to move it through the I have tremendous respect for the ligious believers.’’ House. I would like to appreciate the gentleman from Virginia (Mr. WOLF) Religious persecution is on the rise. work of the Committee on Inter- and I am sure he is a far better Chris- This bill puts us on a track of saying national Relations, the Committee on tian than I am. I am sure he really has we will no longer look the other way. the Judiciary, and the Committee on thought through this thing very care- We will stand up for those brethren Ways and Means. fully. I just come out on a different who are suffering. This bill has been examined from side of this thing. Mr. HAMILTON. Mr. Chairman, I every possible angle. It is prepared. It I talked a little bit about this last yield 2 minutes to the distinguished is ready. And while it is assertive on night, so therefore I will not go into all gentleman from Washington (Mr. the question of religious liberties and the sort of philosophic background MCDERMOTT). freedom from religious persecution, it here. I just would like to make a few Mr. MCDERMOTT. Mr. Chairman, is also mindful of and respectful of the points. first of all, I would like to associate affairs of state with respect to matters First of all, there is not anybody that myself with the remarks of the gen- of less importance in the lives of peo- I know of who likes persecution, par- tleman from Indiana (Mr. HAMILTON). ple, matters such as monetary systems ticularly those people who are being He stated the case about as well as one and trade relationships. persecuted. The worst kind of persecu- can. The problem that this bill creates It does allow flexibility. tion, of course, is religious persecution. for me is that it pits individuals one Let me just focus for a moment on b 1230 side on the other, as though some the essential purpose of this bill. The Members are in favor of religious per- purpose of this bill is for this great Na- And we would all like to have it secution and do not want to do any- tion to stand before the world and say stopped, period, end of it. The question thing about it and other Members real- we cannot condone and we will not tol- is how do we get at it? ly care and they want to do this. erate nations that persecute people on It seems to me that when we want to The problem with that argument is the basis of their practice of religious help somebody, we should make sure that it is not clear what automatic faith. That is not only fundamental but that the people we want to help want kinds of sanctions really do. We are I think is absolutely prerequisite to to be helped. That is a sort of a basic presently in the midst of automatic and essential to our observation of all human axiom. And the research I have sanctions under the nuclear explosions of our liberties. done and the contacts I have made, in India. We are very likely to have As we study the religions of the particularly through the National automatic sanctions against Pakistan. world, in each and every case the reli- Council of Churches, or through other And the question is, how many, what is gions of the world define, in the hearts friends I have had in the world, I have the ramification of that when we give and the minds of their practitioners, traveled around to different parts of the President no flexibility to tailor or the fundamentals from which other un- this world and talked not only to busi- to craft a response to an event that all derstandings of rights, liberties, and ness and political, but also religious of us deplore? There is nobody on this responsibilities are gathered. leaders, not a single religious group floor that thinks India should have ex- In my own faith, we know beyond a wants this. ploded nuclear devices, absolutely shadow of a doubt that freedom is a So I am saying, why are we doing none. The question is whether or not right granted to us by God Almighty, this? Why are we superimposing our the President has the ability to craft. our Creator. And from our recognition feeling of guilt upon people who do not The bill before us says, on page 21, of that and our desire to honor that, we want us to get involved? the President shall instruct the United develop an appreciation of, a respect, a Now, there are a lot of horror stories, States executive director of each mul- practice of and a requirement for so and I am sure I can give them on either tilateral development bank and the many other liberties. side, but the question is, do we want to International Monetary Fund to vote I do not want to stand before my col- put ourselves in a position of sort of against and use his or her best efforts leagues as an economist and say that being post-colonial arbiters of what is to deny any loan or other utilization of monetary systems are not important, right and what is wrong as far as reli- funds of their respective institutions. that systems of trade are not impor- gion is concerned? It also talks about the Eximbank. tant. Of course, these things are impor- People are scared. Dr. Billy Graham’s Now, what we are talking about here? tant. But let me ask my colleagues: son is scared for what will happen in Let us just take Indonesia. We have the Would you not allow others to say and China. I know some of the people in largest Muslim country in the world in would you not endorse all others across Russia are scared of what will happen tremendous chaos. Their currency is in the Nation to say what you know and there. I know people in Sudan are real problems, and the International I know we would say in our own heart scared. I have talked to somebody who Monetary Fund has been working with and for our own life? If you take away is the titular head of 29 million Mus- them under our leadership to gradually from me the right to my faith, can lims in Indonesia; they are scared of give them money when they make these other things even matter? what the United States is doing. changes. We have pushed on the issue Without the right of each and every There are always horrifying acts. We of corruption. We have pushed on a person on this globe to know they are had one in Waco. Obviously, there was number of issues. And what we are say- free, respected, supported and honored one in Israel when Prime Minister ing is, we are going to back out of In- to practice their faith, most certainly Rabin was shot. But these are fringe donesia and leave it, leave the Presi- they will be lost and in the end so will religious groups, and no government dent no way to deal with that. we. So let us stand together in support can control fanatical religions. It is I think this is wrong to put the Presi- of this legislation, and with a clear wrong to, therefore, label a govern- dent of the United States in that posi- declaration we require for all the peo- ment because of those fanatics. tion. Therefore, I will vote against it. ples of the world the same respect, We must be sure that as we reach out Mr. GILMAN. Mr. Chairman, I yield 3 freedom, and dignity we require for to the rest of the world, we are attuned minutes to the distinguished gen- ourselves. to what they need, what they want, May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3275 what are those things which are so im- this world. And we always have to re- monks being tortured and murdered be- portant to them, not just how we ap- mind ourselves why the United States cause of their faith. He has been silent proach it. Because it is those people of America was created. How did it get on the Government of Sudan intensify- that we will affect. its roots? Why did people come to the ing attacks upon Christians and tribal Mr. SMITH of New Jersey. Mr. Chair- United States? And let us always be re- faiths. man, I yield myself 15 seconds to very spectful to all religions and all faiths I guess if that is the policy, we need briefly respond. and all beliefs in the world. this bill, because although it does not A large number of national and inter- Nearly 2 years ago I cosponsored do a whole lot toward making the national religious groups support this House Resolution 515, condemning per- President do anything, it does make legislation, including the B’nai B’rith, secution of Christians worldwide. Since him break his silence on all of the National Association of Evangelicals, that time I have been closely involved things that are going on in the world. the U.S. Catholic Bishops’ Conference, in trying to craft better policies for us Whether it be in China, whether it be the Anti-Defamation League, the to address religious persecution world- in Pakistan, if America does not stand Southern Baptist Convention on Ethics wide. I wholeheartedly support the at- for freedom, if America does not stand and Religious Liberty, the National tention that this bill has brought to for the worker and the family all over Jewish Coalition, the International the issue and a number of its provi- the world, then what is America? Campaign for Tibet, the Religious Ac- sions, particularly in training our for- I say today that this bill does one tion Center for Reformed Judaism, the eign service and immigration officers. thing: It says America has a conscience Union of Orthodox Congregations of Still, we have more progress to make and America has a heart, and I think America, Campus Crusade for Christ, to reach our goal of the most effective, we should pass it today. the Seventh Day Adventist Church, the comprehensive legislation possible. We Mr. HASTINGS of Florida. Mr. Chair- Salvation Army, National Religious must address, report on and respond to man, I yield 1 minute and 10 seconds to Broadcasters, and I can go on and on. religious persecution not only at its the gentlewoman from Connecticut But large numbers of religious bodies most violent stage of rape, murder and (Mrs. JOHNSON). wholeheartedly embrace this legisla- torture as defined in this bill, but be- Mrs. JOHNSON of Connecticut. Mr. tion. fore it escalates to such terrible levels. Chairman, I rise in opposition to this Mr. HAMILTON. Mr. Chairman, I We must also have more tools to ad- bill. yield 30 seconds to the gentleman from dress persecution rather than sanctions I appreciate the many changes that its New York (Mr. HOUGHTON). only in an all-or-nothing approach pol- sponsors have made to prevent it from having Mr. HOUGHTON. Mr. Chairman, I am icy for all countries in the world. the devastating impact it would have had in its sure those people the gentleman just Sometimes the means will be diplo- original form on our trade and security inter- referred to feel very deeply about this, matic, sometimes economic, but let us ests and on our ability to provide the leader- but I want to say in response to that look at all the foreign policy tools to ship the world needs to prevent the very per- that I have not had a single letter from bring about changes in the world and secution the bill seeks to punish. anybody other than Washington or New end religious Christian persecution in I oppose the bill because it is fun- York who has espoused this. None from the world that does exist. damentally flawed. It would force the overseas. Support the Wolf legislation. United States to treat government- Mr. SMITH of New Jersey. Mr. Chair- Mr. SMITH of New Jersey. Mr. Chair- sponsored or -permitted persecution, man, I yield 30 seconds to the gen- man, I yield 2 minutes to the gentle- that is, killing, imprisonment, enslave- tleman from Virginia (Mr. WOLF). woman from Washington (Mrs. LINDA ment, forced mass relocation, rape, tor- Mr. WOLF. Mr. Chairman, I have a SMITH). ture and the confiscation of property letter from Wei Jingsheng, who spent Mrs. LINDA SMITH of Washington. differently if these crimes were com- 17 years in prison, who was earlier with Mr. Chairman, I first want to stand and mitted against people for their reli- us today. He said, ‘‘I strongly believe show strong support for the chairman, gious beliefs than if these crimes were that the freedom of religious belief is and I believe that this particular spon- committed against people for their po- one important component of man’s fun- sor, the gentleman from Virginia (Mr. litical beliefs or for ethnic cleansing. damental human rights.’’ And he goes FRANK WOLF), is doing something that That is just not right. on to say, ‘‘The true situation may be all America wants him to do. He is say- American foreign policy has always difficult for Americans to imagine, and ing that all policy in America has to opposed religious persecution, political it is difficult for the Chinese to imag- have a heart and all policy has to have oppression, ethnic cleansing policies. It ine. If I did not see it myself, a man in a conscience. is profoundly unwise to adopt a policy prison for 17 years, I would not imagine This bill says that all constructive that implies that government-sup- the shameful and despicable means.’’ engagement, as the President likes to ported persecution is more acceptable Many of these groups around the say, will keep in mind the religious if used for political oppression and eth- world all support this bill, but they are freedom of all people. nic cleansing than for religious perse- afraid to come forward because if they Now, earlier today several speakers cution. This is what this bill would do. do, they may very well be killed. We have said this takes away all the lati- This bill sets up a very bureaucratic mecha- get communication daily from groups tude from the President. This bill is nism that encourages an automatic sanctions in all these countries that say they drafted in a way that the moment his process without any consideration as to support what we are doing, but they administration makes a recommenda- whether or not the sanctions would hurt Amer- are afraid to come forward publicly. tion that there is gross, very strong re- ican interests or have any effect on the sanc- Mr. HAMILTON. Mr. Chairman, I ligious persecution in a country and tioned country. Most seriously, it discourages yield 2 minutes to the distinguished there should be sanctions, he can im- the broader range of diplomatic and multilat- gentleman from Tennessee (Mr. CLEM- mediately say no to the sanctions. eral actions that would have a far greater im- ENT). It just simply says that he has to pact. Mr. CLEMENT. Mr. Chairman, I com- stop being silent. It simply says that Furthermore, government-sponsored mend my colleague, the gentleman we as a Nation will declare that reli- persecution should provoke a far more from Virginia (Mr. WOLF), for his pas- gious persecution, that persecution of comprehensive response than this bill sionate advocacy for the persecuted any kind, is wrong; that this is an envisions. Under current law we have and for bringing this to our attention. America that stands for freedom, for the full range of diplomatic tools at I have had the opportunity to partici- liberty, and for religious liberty. These our disposal, even recalling our ambas- pate in the debate in the committee on are the things America stands for. sador and working to mobilize multi- this most important issue. I do think Now, the President calls for con- lateral sanctions, always more effec- this bill is important for all of us in structive engagement, and yet he is si- tive a multilateral response than a sin- dealing with these tragedies. lent on harvesting livers and corneas gle-nation response. I stand before my colleagues in sup- from religious and political prisoners I appreciate how deeply troubled my port of this legislation, knowing that in China. Is this constructive engage- colleague, the gentleman from Virginia religious persecution is a problem in ment? He was silent on the Tibetan (Mr. WOLF), is by religious persecution, H3276 CONGRESSIONAL RECORD — HOUSE May 14, 1998 but I oppose setting up a separate bu- Perhaps my colleagues saw recently gious freedom, could put American interests reaucracy, a rigid process to identify on May 10 the news in the paper that and security at risk. and respond to religious persecution as he had been released. Did my col- If implemented, this legislation could impose opposed to a comprehensive response to leagues know that he was imprisoned U.S. sanctions over such longstanding allies such violations of human rights for po- for his Catholic beliefs? Maybe not, as Israel, Saudi Arabia, Egypt, Turkey, Great litical and ethnic origin as well. but, oh, there was great celebration Britain, Mexico, Greece and Germany. Mr. SMITH of New Jersey. Mr. Chair- when this was released. But released he This bill could also oblige us to impose U.S. man, I yield 2 minutes to the gentle- was not; he was assigned to house ar- economic sanctions on the world's key emerg- woman from California (Ms. PELOSI). rest. ing powersÐChina and Russia. Mr. HASTINGS of Florida. Mr. Chair- An elderly Catholic bishop whose U.S. sanctions could be profoundly desta- man, I yield the gentlewoman from health is failing, who had been assigned bilizing from the standpoint of ensuring contin- California (Ms. PELOSI) 1 minute. to 3 years in a reform-through-labor ued global peace. The CHAIRMAN. The gentlewoman camp, was, in order to get some kudos Scenario 1: Should the United States im- from California (Ms. PELOSI) is recog- from the Clinton administration, freed pose economic sanctions of Saudi ArabiaÐa nized for 3 minutes. from the labor camp and put under key allyÐbecause it has put down a riot by Ms. PELOSI. Mr. Chairman, I rise house arrest. Iranian Shiites who are on pilgrimage to the today to commend the gentleman from The problems are severe. This legis- holy sites of Mecca? Virginia (Mr. WOLF) for his leadership Scenario 2: Should the United States sanc- lation is modest and moderate. I thank in bringing this legislation to the floor tion Israel, because it has imprisoned Hamas the gentleman from Virginia for giving and to express my gratitude to him for terrorists who engage in violence against the us the opportunity to vote our con- giving us this opportunity today to innocent in the name of Islamic fundamental- science today. I urge my colleagues to speak out for American values. ism? It is interesting for me to hear some support the Wolf legislation. As Members of Congress, we need to look of our colleagues, who have always op- b 1245 long and hard before we push America into posed any initiatives that we have on Mr. HASTINGS of Florida. Mr. Chair- each and every religious conflict through uni- this floor on human rights in every as- man, how much time is remaining on lateral economic sanctions, which history pect, political, freedom of the press, re- each side? shows can backfire on American interests. Mr. SMITH of New Jersey. Mr. Chair- ligious, to come to the floor now and The CHAIRMAN. The gentleman say, oh, no, we cannot support this be- man, I yield 21⁄4 minutes to the distin- from Florida (Mr. HASTINGS) has 111⁄2 guished gentleman from Illinois (Mr. cause it is only about religion and it minutes remaining. The gentleman creates a hierarchy. They were not 3 EWING). from New Jersey (Mr. SMITH) has 11 ⁄4 Mr. EWING. Mr. Chairman, I wonder there for us when we had the full array. minutes remaining. We have an opportunity today with if I could join in a colloquy with the Mr. HASTINGS of Florida. Mr. Chair- this religious persecution act to begin sponsor of the bill, the gentleman from man, I yield 1 minute to the distin- to address the full array, and it is an Virginia (Mr. WOLF). guished gentleman from Pennsylvania opportunity that I believe we must I am wondering if it is the under- (Mr. ENGLISH). take. standing of the gentleman that under My colleagues have said no one likes Mr. ENGLISH of Pennsylvania. Mr. this bill there is no general prohibition religious persecution. Of course we do Chairman, while I salute the intention of exports to a country which is not, and I would stipulate that every of the authors of this legislation, I rise deemed to contain responsible entities person in this body is viscerally and in- to strongly oppose this bill, freighted who are committing religious persecu- tellectually opposed to religious perse- as it is with unintended consequences. tions, as defined by the director of the cution. But the business community is This legislation would put our for- Office of Religious Persecution Mon- once again weighing in and saying, oh, eign policy and our trade policy on itoring, but rather, the ban on export this bill does not go far enough in auto pilot to be dictated by an covers only those to the responsible en- terms of protecting human rights unelected bureaucrat in the bowels of tities themselves? throughout the world. If this was not the State Department. It would insert Mr. WOLF. Mr. Chairman, will the such a serious matter, that would al- America into a surprising range of do- gentleman yield? most be laughable. It is pathetic. mestic policy disputes in Muslim na- Mr. EWING. I yield to the gentleman But, Mr. Chairman, I come to the tions where Shihites suppress from Virginia. floor today to say that what this bill Shunites, or vice versa, in Germany, in Mr. WOLF. Mr. Chairman, the gen- does is give recognition to the persecu- France, in Greece, in Turkey, Mexico, tleman from Illinois (Mr. EWING) is cor- tion of people on the basis of their reli- even in Egypt and Israel. rect. Under this bill, exports of items gious faith. What it does not do is tie But most importantly, Mr. Chair- other than persecution facilitating the President’s hands. Indeed, it gives man, if we are to pursue the dubious products are prohibited from being ex- the President more leverage. It gives course of using clumsy, unilateral ported only to the responsible entities him more leverage because he can then trade sanctions indiscriminately to themselves, such as prisons or slave say to a country that this is what the change the domestic policies of our labor camps, as the case may be, and Congress has said: I can exercise a trading partners, why is it that under not to the country generally. Further- waiver if I see that it would be bene- this bill we would restrict our ability more, under this act, ‘‘responsible enti- ficial to the cause and in our national to export to offending nations but not ties’’ are to be defined as narrowly as interest. But the persecuting country their ability to export to the United possible. must demonstrate that use of the waiv- States? Mr. EWING. So, then, if I understand er would be beneficial. This bill would increase our trade the gentleman, if a farmer exports So I believe that this is appropriate. deficit. And in the end, the only human grain to a country that the director of I think the Committee on Inter- rights that this legislation is certain to the Office of Religious Persecution national Relations did an excellent job affect is the right of many American Monitoring deems to contain respon- in modifying the legislation so that it workers to earn a living. Vote it down. sible entities engaged in religious per- would have the support of many more Mr. Chairman, I rise in strong opposition to secution, and exports that grain to people here who were concerned about H.R. 3806, the Freedom from Religious Perse- other parties either governmental or the Presidential discretion. cution Act. private that are not deemed by the Di- Mr. Chairman, as we debate this bill Like every American, I am committed to rector to be responsible entities, the today, I am sad to report that in China continued U.S. leadership on religious free- farmer has not violated this act? the Catholic bishop, elderly and frail dom. But, I am deeply concerned that this Mr. WOLF. Mr. Chairman, if the gen- Bishop Zeng Jingmu, 78 years old, who billÐhowever well intentionedÐcould backfire tleman would further yield, that is ab- is the unofficial bishop of Yujiang, a di- badly. solutely correct. Under this act, there ocese among the poorest in China, was In addition, I am deeply worried that a one is no blanket prohibition on exports at the top of the list of the jailed size-fits-all strategy, based on using unilateral but only exports to the responsible en- Catholics in China. U.S. sanctions to promote Christianity and reli- tities engaged in persecution. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3277 Furthermore, I would point out to the Chinese people. These people that them. The execution of religious mi- the gentleman from Illinois (Mr. work for these organizations, empow- norities in Iran is almost common- EWING) that if a farmer or exporter ex- ered by their faith, work daily under place. ports grain to a country deemed to very harsh and dangerous conditions, The business community is con- contain responsible entities engaged in subjecting themselves to the scrutiny cerned how economic sanctions will religious persecution but sends the and the whims of their host govern- hurt American businesses abroad. And grain to a party other than a respon- ments. as chairman of the House Committee sible entity, the gulag, that farmer or A bill such as The Freedom From Re- on Education and the Workforce, I take exporter has not violated this act even ligious Persecution Act could seriously a back seat to no one in supporting if the grain eventually reaches the re- jeopardize their ability to continue American business. But as Americans sponsible entity itself. performing missionary activities who live under the protection of the Mr. EWING. So there is no provision abroad. Imagine for a moment that first amendment, we must make it in this act that would punish the farm- they were a foreign government or a clear that the almighty dollar does not er or exporter if the product exported representative. All of a sudden they are and will not take precedence over eventually reached a responsible en- singled out for condemnation and auto- American values and morals, the be- tity? matic economic sanctions by the liefs upon which this great Nation was Mr. WOLF. That is correct. There is United States because of their actions, founded. no requirement that the exporter know even because of actions that are be- Religion is a very personal matter to or be responsible for the ultimate end yond their control, towards Christians, me, and I am proud to be part of this user of his product, but only that the Jews, Muslims or any other religious exercise today. exporter does not export to those found sect. Mr. HASTINGS of Florida. Mr. Chair- by the director to be responsible enti- In many nations the response is not man, I yield 2 minutes to the distin- ties engaged in religious persecution. going to be to openly embrace the crit- guished gentleman from California Mr. EWING. And is it the understand- icism levied but to respond in more (Mr. DOOLEY). (Mr. DOOLEY Of California asked ing of the gentleman that under this predictable ways, to rally around the and was given permission to revise and act there is no prohibition on P.L. 480, flag, embrace their nationalistic roots, extend his remarks.) GSM, or other commodity-related aid retaliate against those who antagonize Mr. DOOLEY of California. Mr. from the United States Government to them. Chairman, we all rise today in opposi- other nations under this act? In fact, we are seeing this in India tion of religious persecution. There is Mr. WOLF. Yes. Under the definition today. And by the way, if we had given not one Member of this House that of ‘‘United States assistance’’ in this away all of our sanctions on religious does not abhor the religious persecu- act, any assistance under the Foreign persecution in India, we would not tion that we find all too often, far too Assistance Act of 1961 is barred. How- have anything today to deal with the frequently in many parts of the world. ever, this definition of ‘‘United States nuclear proliferation problem. But I guess where there is a fun- assistance’’ explicitly carves out an ex- Mr. Chairman, I urge my colleagues damental difference is whether or not emption for ‘‘assistance which involves to have the courage to vote no on this we are going to be most effective in the provision of food, including the bill. Do not place the work of those turning back religious persecution by monetization of food.’’ who do missionary work abroad in taking actions which further isolate Mr. EWING. I thank the gentleman jeopardy. some of the countries which are the for answering my questions. Mr. SMITH of New Jersey. Mr. Chair- worst perpetrators of that act. Mr. HASTINGS of Florida. Mr. Chair- man, I yield 11⁄2 minutes to the distin- Many of us contend that by engaging man, I yield 2 minutes to the gen- guished gentleman from Pennsylvania both economically, socially and cul- tleman from Arizona (Mr. KOLBE). (Mr. GOODLING) senior member of the turally, we are going to be far more ef- Mr. KOLBE. Mr. Chairman, I thank Committee on International Relations. fective in ensuring that the citizens of the gentleman for yielding. Mr. Chair- Mr. GOODLING. Mr. Chairman, I the countries throughout the world man, I rise in opposition to H.R. 2431. thank the gentleman for yielding. will not be subject to the degree of reli- This bill, The Freedom From Reli- It has been said that the opposite of gious persecution that now persists. gious Persecution Act, is a well-inten- love is not hate but indifference. And I rise in opposition to this bill today tioned piece of legislation but it is unfortunately, American indifference because I sincerely believe that we will sadly misguided. I think like every to religious persecution lends our tacit, be shutting the door on perhaps the Member of this body, I share the belief if indirect, support and approval of greatest opportunity we have in order that every individual, wherever they some of the most awful abuses of to improve the plight of people are in the world, ought to be able to human rights, particularly abuses of a throughout the various countries of practice their faith freely without fear right we sometimes take for granted, the world. of harassment or persecution. And if I which of course is the freedom of reli- I think when I look at the issues of believed for one minute that this bill gion. sanctions, that is what brings me to would enhance that right, I would use As a senior member of the House the greatest concern. Because I think every tool at my disposal to ensure its Committee on International Relations, all too often we have seen the imple- passage. But the sad fact is it will not. I have heard a great deal of testimony mentation of sanctions that in fact In fact, it may do the opposite. about the persecution of individuals have actually worked to the detriment The problem of this bill is the prob- abroad, persecution based solely on re- of the very people that we are trying to lem that is at the core of all sanctions ligious beliefs. help. And I am also very concerned legislation. It allows Members of Con- In committee we heard about the that when we also take actions that gress to feel like they are taking ac- atrocities committed by the Chinese are going to impose economic sanc- tions to solve the legitimate foreign Government against Tibetan Bud- tions that are focused primarily on pre- policy problem, without taking any re- dhists. We heard eye-witness testimony venting the exportation of goods which sponsibility for the long-term con- of frightened, weak, and near starving are produced by working men and sequences of their actions or the unin- Tibetans who traveled hundreds of women of the United States, it is going tended impacts of this legislation. miles, often barefoot with nothing but to be our citizens who are going to be My greatest fear is that this bill will the shirt on their back, over the cold paying a good portion of the economic actually lessen tolerance for religious and often deadly Himalayan Mountains cost of this legislation. freedom abroad. Let me explain why I into India to seek relief. We need to be diligent in our efforts say that. Today there are a large num- Most Americans would be shocked to to ensure that we are going to elimi- ber of faith-based organizations per- learn that Christians in the Sudan are nate religious persecution, but let us forming missionary work abroad, orga- actually sold into slavery on a daily not tie the hands of the administra- nizations such as East Gates Min- basis. Those Buddhist monks and oth- tion, let us not tie the hands of our istries, working in China to distribute ers that I mentioned, the Chinese Gov- President. Let us not empower a direc- Bibles and provide religious training to ernment rapes, tortures, and murders tor of this new department with the H3278 CONGRESSIONAL RECORD — HOUSE May 14, 1998 sole responsibility of making a deter- witz said, ‘‘between the way the elites tleman from Nebraska (Mr. BEREUTER) mination on which people are being of the world are dealing with Chris- and myself and others traveling with persecuted and which portion or entity tians who have become the scapegoats us raised subjects of religious persecu- of the government is responsible for of choice for thug regimes around the tion. that entity. world and the way the elites dealt with So long as we are not making those I very much believe that this is a the Jews when Hitler came to power. peremptory judgments, so long as we measure that once again will not ad- ‘‘Another parallel is the tongue-tied are not acting unilaterally, we have vance the interests of freedom and reli- silence of the Christian community in been able to make some progress. With gious freedom throughout the world, the face of persecution. A similar si- reference to this administration, it and I rise in opposition. lence was evident in the years leading needs to be clear that there is more Mr. SMITH of New Jersey. Mr. Chair- to the Holocaust. Silence, anybody’s si- that can be done, but a lot has been man, I yield 3 minutes to the distin- lence in the face of persecution, is done. guished gentleman from Tennessee deadly. So for me’’, Mr. Horowitz said, Last year, the President imposed (Mr. DUNCAN). ‘‘sparking our campaign for awareness sanctions on Sudan because of the per- Mr. DUNCAN. Mr. Chairman, I thank in action is the most important thing I sistent and severe persecution of Chris- the gentleman for yielding. I rise in expect to do. What thugs did to Jews, tians and others by the Government of strong support of this legislation. they are now doing to Christians. Sudan. Religious persecution refugees, I want to first of all commend my Christians are become the Jews of the more than any other category of refu- friends the gentleman from Virginia 21st Century.’’ gees, we are granting them asylum (Mr. WOLF) and the gentleman from All faiths, Catholics, Protestants, here in the United States. New Jersey (Mr. SMITH) for their very Jews, people from all walks of life have The President sent 20,000 United hard work on this bill. This is a very joined in support of this very impor- States troops, and most of us in this moderate and reasoned and sensible ap- tant bill. This is good legislation. I body backed that effort, to Bosnia to proach to a problem that is, unfortu- urge all my colleagues to support it. keep the peace to help end religion- nately, growing very rapidly around The CHAIRMAN. The gentleman based conflict. Secretary of State the world. from Florida (Mr. HASTINGS) has 61⁄2 Albright and other U.S. officials have I am pleased to be an original cospon- minutes remaining, and the gentleman raised religious persecution in numer- sor, and I am also pleased that such a from New Jersey (Mr. SMITH) has 5 ous meetings with foreign officials, wide array of religious organizations minutes remaining. quiet and sometimes not so quiet. have endorsed this bill. Mr. HASTINGS of Florida. Mr. Chair- Diplomacy has reaped dividends. Re- Many immigrants came to our coun- man, I yield myself such time as I may ligious prisoners have been released in try over 200 years ago to practice reli- consume. China. Christian Orthodox classes have gion as they chose and be free from re- Mr. Chairman, I realize that some been permitted in Turkey. I have seen ligious persecution. And if we just look Members are supporting this bill out of evidence of substantial change in above the Speaker’s rostrum, we see frustration with what they perceive as Kazakhstan and Uzbekistan, places the words ‘‘in God we trust.’’ This the apparent lack of progress on for- where, we formerly knew them as of serves as a reminder of how important eign religious persecution issues. the Soviet Union. religion has been and is to this Nation. I would like to share with the body The Secretary of State has also in- Religious freedom is one of the most comments made in an editorial opinion structed all United States embassies to basic of all human rights, one of the by Samuel Berger, the President’s Na- upgrade their reporting and advocacy most basic human rights that any indi- tional Security Advisor. Mr. Berger on this issue. Later, I will introduce an vidual can have. This legislation does says what I believe is something criti- amendment that will discuss what we not apply to simply one religion or just cal that we need to pay attention to. might do to enhance the activities of one religion, it applies to them all. No He says that, ‘‘Moreover, the more the our embassies with reference to advo- matter what a person’s faith or beliefs, United States is perceived as making cacy on the issue of religious persecu- people around the world should be able unilateral, peremptory judgments on tion. to worship as they wish, free from fear the performance of other countries, the In Austria and in Greece, United of abduction and enslavement, impris- less we will be able to work with those States embassies have succeeded in onment, murder, rape, torture and so countries, including on issues of reli- easing restrictions on religious prac- forth. And believe me, that is occurring gious freedom.’’ tices. I, for one, have witnessed and around this world, those types of Mr. Chairman, I have had the good talked with embassy officials in each things, even as we speak. fortune, along with many Members in of those countries and seen the evi- I first became interested in this after this body, to travel to a significant dence of their work. reading a portion of Nina Shea’s recent number of countries in the world. In The State Departments human rights book called ‘‘The Lion’s Den.’’ In that each delegation that I participated in, reports now devote more attention to book Nina Shea said this, quote: be it in China or in Africa or elsewhere, religious freedom. Procedures for re- Millions of American Christians pray in we have raised the subject of religious viewing asylum cases have been modi- their churches each week, oblivious to the persecution. fied to increase sensitivity to religious fact that Christians in many parts of the I traveled to China with the chair- persecution. world suffer brutal torture, arrest, imprison- man of the Committee on International In January, the Secretary of State ment, and even death, their homes and com- Relations, and the template of our re- established a new assistant secretary- munities laid waste, for no other reason than marks to all of the Chinese interlocu- level coordinator position for issues re- that they are Christians. The shocking un- told story of our time is that more Chris- tors had to do with religious persecu- lating to religious persecution. In es- tians have died in this century simply for tion in China. sence, that is what this legislation is being Christians than in the first 19 cen- I traveled to China with the Speaker trying to do at, yet, another level. turies after the birth of Christ. of the House. In each instance when we I urge the administration to fill that Mr. Chairman, I think this is deplor- met, ranging all the way from the position soon, and it would then allow able. In addition, I read a recent inter- prime minister to the president to var- that we are doing parallel activity with view by Michael Horowitz, a leader in ious persons that we were interlocutors what the administration has done. speaking out against this persecution. with, each time, the subject of reli- At the United Nations Commission gious persecution was among our high- on Human Rights, the United States b 1300 est priorities, including those that we has led the successful effort to create a Mr. Horowitz, who happens to be share with the concerns for the rule of special repertoire on religious intoler- Jewish, says in a recent interview, ‘‘I law. ance. I can go on and on and on; I shall am speaking out on behalf of per- I traveled to China with the gen- not at this time, Mr. Chairman. secuted Christians precisely because I tleman from Nebraska (Mr. BEREUTER), We need a bill that will not promote am a Jew in the most deeply rooted one of the most respected Members of a backlash against persecuted religious sense. I see eerie parallels,’’ Mr. Horo- this body. In each instance, the gen- communities. We need a bill that will May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3279 enable the President and the Secretary Then I saw in my lifetime, and we abused Christians and people of other of State to balance our interests in re- have seen in our lifetime, the modern- faiths, time and time again. ducing religious persecution against day miracle of Jericho where we saw I urge my colleagues to vote in sup- the full range of important and even the walls of communism collapse. We port of the Freedom From Religious vital national interests. have to ask ourselves why. If you go to Persecution Act. We need a bill that gives the Presi- Poland, it was the church, the Catholic The CHAIRMAN. The gentleman dent of the United States the ability to church that led the descent. from Florida (Mr. HASTINGS) has 30 sec- craft an appropriate response to each In Czechoslovakia and Romania, it onds. distinct instance of religious persecu- was the Protestant church which al- Mr. HASTINGS of Florida. Mr. Chair- tion. This is not that bill. lowed the people of faith and courage man, I yield myself the remaining por- Some of us, in an amendment that I and conviction to rise up and to stand tion of my time. offer, will be trying to make it a little for their God-given rights which Mr. Chairman, last night, I listened bit better. But this bill falls short in brought about as much as anything to the gentleman from New York (Mr. key respects. Specifically, the Presi- that we ever did in the West with mili- HOUGHTON) who, on both sides of the dent’s senior advisors intend to rec- tary containment. It was the force of aisle, is respected, not only in this ommend that he veto it. I urge Mem- the religious convictions and con- arena, but for his evenhanded approach bers to vote against it. science that brought about the renewal to trying to develop bipartisan efforts. Mr. Chairman, I reserve the balance and the reform and the collapse of a Last night, he spoke agonizingly, as I of my time. brutal and evil system. do now, about this particular legisla- Mr. SMITH of New Jersey. Mr. Chair- Today we are trying to say we should tion. We would want to dispel the no- man, I yield 31⁄2 minutes to the distin- have the same policy, that we stand tion that there are any among the 435 guished gentleman from Mississippi with the persecuted, that we stand for of us who would stand and say we favor (Mr. PICKERING), a good friend and col- the same cornerstone in our country of religious persecution anywhere in the league. Mr. PICKERING. Mr. Chairman, I religious liberty. From that, we will world. We do not. And that is all of the rise in support today of the Freedom have greater economic freedom, great- Republicans and all of the Democrats From Religious Persecution Act. er trade, greater democracy across the and all of those on the committee. I would like to start my time by world. We will have greater stability Mr. SMITH of New Jersey. Mr. Chair- going back to the beginning of our Na- with our allies. This is the cornerstone man, I yield myself the remainder of tion, correspondence between the He- of our Nation, to stand with those to my time. brew Newport congregation and a let- have the freedom of conscience and Mr. Chairman, in 1984, on one of sev- ter written to our first President, faith. eral human rights trips to Romania, George Washington. I ask all of my colleagues that we fol- the gentleman from Virginia (Mr. It says ‘‘Deprived as we hitherto have low the words of our founder George WOLF), the gentleman from Ohio (Mr. been of the invaluable rights of pre- Washington, that we give to bigotry no HALL), and myself pushed for the re- citizens, we now, with a deep sense of sanction, to persecution, no assistance. lease of persecuted Christians and, in gratitude to the Almighty Disposer of The CHAIRMAN. The gentleman particular, Father Calccu. all events, behold a government erect- from Florida (Mr. HASTINGS) has 30 sec- For over a decade, during both the ed by the majesty of the people, a gov- onds remaining. The gentleman from Carter and the Reagan administra- ernment which to bigotry gives no New Jersey (Mr. SMITH) has 11⁄2 min- tions, Father Calccu endured unspeak- sanction, to persecution no assistance, utes remaining. able tortured beatings, solitary con- but generously affording to all liberty Mr. SMITH of New Jersey. Mr. Chair- finement in coffins that were vertical. of conscience and immunities of citi- man, I yield 1 minute to the gentleman Yet, the world, the State Department, zenship, deeming everyone of whatever from Alabama (Mr. ADERHOLT). everybody said, Ceausescu, the dictator nation, tongue, or language equal parts (Mr. ADERHOLT asked and was in Romania was somehow a good guy, of the great government.’’ given permission to revise and extend we need to work with him. George Washington’s response to the his remarks.) The gentleman from Pennsylvania Hebrew Congregation at Newport, Mr. ADERHOLT. Mr. Chairman, I ap- (Mr. GOODLING) said it well. Hate is not Rhode Island, ‘‘The citizens of the plaud the gentleman from Virginia the opposite of love; indifference is. United States of America have a right (Mr. WOLF), the gentleman from New This bill ends our indifference, our bi- to applaud themselves for having given Jersey (Mr. SMITH), and all the other partisan indifference towards religious to mankind examples of an enlarged Members of this House and this body persecution. and liberal policy, a policy worthy of who have worked to fight against the b 1315 imitation; for, happily, the government persecution of people of faith through- of the United States gives to bigotry out the world. Religious persecution has been and it no sanction, to persecution no assist- I am proud to be a cosponsor of this is today the orphan of human rights. ance.’’ bill, because I believe that we can no We need to stand strong. This is This is what we are trying to do longer ignore the cruelty of some gov- against religious persecution, things today, to say that our Nation, which ernment authorities around the world like torture. I urge support for this was founded on the cornerstone of the that has been directed towards people bill, hopefully in a very bipartisan way. freedom of conscience, of religious lib- whose only crime is faith in God. Mr. QUINN. Mr. Chairman, I want to ex- erty, that we will give no assistance to We must not forget that there are press my strong support for H.R. 2431, the those who persecute people of faith. those who are suffering in other coun- Freedom From Religious Persecution Act. This Today I would like to share a little of tries; people are being tortured, bill would reassert the position that the United my own experience that I bring to this enslaved, and killed for their beliefs. States is a defender of personal liberty, includ- debate, for I lived in a Communist This bill will send a clear and resound- ing the liberty to choose and practice one's re- country in 1986 and 1987, in Budapest, ing message that the United States ligion. Hungary. does not support this violation of The Freedom From Religious Persecution I saw during that time, before the human rights and religious freedom. Act makes significant changes in U.S. policy collapse of communism, what happens Abraham Lincoln, the President who that will help identify and terminate discrimina- when religious freedoms are deprived. I is probably best noted for his work to tion against religions around the world. The bill met with ministers who had been in free those who were enslaved and mis- calls for the creation of the office of Religious prison for practicing their faith. I saw treated, once said, ‘‘Those who deny Persecution Monitoring within the State De- the refugees who had fled their coun- freedom to others deserve it not for partment. This office will make an annual re- tries into the West with the hopes and themselves; and under a just God, can- port on the existence and extent of religious the dream of having the freedom to not long retain it.’’ persecution around the world. practice their faith, to capture the If enacted into law, this bill will im- This report will be the basis for punitive dream that we cherish in this land of pose immediate sanctions on those sanctions against countries who take part in or freedom. countries that have mistreated and allow religious persecution. Some may say H3280 CONGRESSIONAL RECORD — HOUSE May 14, 1998 that the United States should not interfere in sanctions and preferential treatment for those hold accountable those nations which are others' business. Yet the United States has al- fleeing religious persecution alone, the bill aware that religious bigotry is occurring within ways stood for personal liberties and would signal to the world that this Nation be- their borders, but do nothing of consequence unalienable rights. For us to stand by and be lieves in a an inappropriate hierarchy of to stop this injustice. mute while thousands of people are discrimi- human rights violations. What about our efforts This legislation would require our govern- nated against or killed for their faith, would be toward universal respect for all civil and politi- ment to stop giving non-humanitarian foreign unacceptable. cal rights? Severe and violent acts of persecu- aid to nations that persecute people for their Did you know that in China, a 76 year-old tion on ethnic, racial, or political grounds, for religious beliefs. It would also require Amer- Protestant leader was sentenced to 15 years example, would not invoke these sanctions or ican executives who sit on the board of inter- in prison for merely passing out bibles? And in bring about procedural advantages in the im- national banking institutions to oppose the Iran, some religious groups are denied the migration context. issuance of loans to countries that practice or right to organize and worship and have no Although some religious organizations have support religious persecution. legal rights. Worst of all, in Sudan, govern- expressed their support for the measure, oth- The Government of Sudan is one particular ment soldiers have systematically enslaved ers have stated that this bill would do more big offender in this regard. Sudan's main politi- and murdered thousands of people because harm than good for the very people it seeks to cal party, the National Islamic Front, is respon- they are Christians. protect. Clearly, we need to foster religious tol- sible for the deaths of an estimated 1.3 million I know the Freedom From Religious Perse- erance and respect for all human rights Christians and others who failed to recognize cution Act will not end suffering throughout the around the world. But we must do it in a prop- Islam as their faith. world. But it will put the United States on er fashion that helps, not hurts those that de- Of course, Sudan is not the only nation with record as a nation that is concerned with the serve our help. blood on its hands. The People's Republic of fundamental right of people to follow their Mrs. CAPPS. Mr. Chairman, I rise today to China has a history of imprisoning and killing faith. I am pleased to be able to support legis- announce that I will vote for the Freedom from citizens who refuse to register with one of the lation that will make a real difference in the Religious Persecution Act. I am compelled, state's official religions, institutions where wor- lives of those who aren't free to practice their however, to express some deep concerns that ship is organized and controlled by the gov- own religion. I have with this legislation. ernment. Mr. DINGELL. Mr. Chairman, persecution Religious persecution around the world is in- Some countries which practice or facilitate for one's religious beliefs is wrong. It should tolerable. All people should have the freedom religious persecution, such as Pakistan, may even be allies of America when it comes to not be permitted anywhere, and this bill, the to express their faith without fear of retribution. national security issues. But we still have an ``Freedom from Religious Persecution Act,'' Tragically, the persecution of religious commu- obligation as Americans to defend freedom. has the important and laudable goal of intend- nities has claimed the lives of millions of peo- Just as America fought the spread of Com- ing to reduce and eliminate the widespread ple in this century, and today continues un- munism during the Cold War, today, the and ongoing religious persecution taking place checked in many countries. Clearly, steps United States must pour its heart and soul into throughout the world today. The United States, must be taken to stop this dangerous trend stopping religious persecution. One good step as a world leader, should do what we can to and I commend the authors of this bill for rais- towards this goal is by Congress passing the eradicate this human rights abuse. This Nation ing awareness in Congress about religious Freedom From Religious Persecution Act. was founded on principles of religious free- persecution. Mr. NADLER, Mr. Chairman, I rise to sup- dom, and we have thriving faith communities Although I strongly support the spirit of this port the Freedom from Religious Persecution today because of our commitment to those bill, I have some questions about the legisla- Act. principles. Persecution is reprehensible, and tion that we are voting on today. This bill is vitally important to combat the we need to pursue all appropriate ways to My first concern is that this bill could pos- violent religious persecution that is tragically stop it. sibly bring harm to those who suffer from reli- occurring in many nations across the world. The bill seeks to achieve its objective by in- gious persecution, if the government in ques- We need more effective tools to end the creasing the priority attached in U.S. foreign tion chooses to blame religious groups for the threats of murder, torture, rape, starvation, policy to the problem of religious persecution. imposition of U.S. sanctions. We surely would and enslavement now faced by millions of The bill would impose sanctions on foreign not want to endanger the safety and well- people of faith. I believe this bill would governments that carry out or condone serious being of the very people we are trying to pro- strengthen the United States' ability to pro- religious persecution. Also, the bill would seek tect. mote human rights and effectively confront re- to increase the refugee and asylum protec- Additionally, I am troubled that this bill es- gimes that are abusive to religious minorities tions available to victims of religious persecu- tablishes a ``hierarchy of human rights''. If in their countries. tion. passed, religious persecutionÐas important as However, the United States must do more While I want to end religious persecution it may beÐwould be seen as a higher priority to become a safe haven for those fleeing per- globally, there are defects in this bill that do than other human rightsÐsuch as racial dis- secution. Our current expedited removal pro- not permit me to support the measure as re- crimination, violations of women's rights, and cedures for asylum seekers are inhumane, ported to the House. The bill's automatic sanc- the suppression of free speech. dangerous, and morally offensive. tions, which include restrictions on exports and Instead of establishing a new office at the Asylum seekers ought to have a fair hearing foreign assistance would be counter- White House, I wonder if it wouldn't be more before an immigration judge before they are productive. Further, these measures will tie efficient to leave the issue of religious freedom sent back to a country where they may be the President's hands in areas of foreign pol- to be dealt with in the State Department's threatened, beaten, or even killed. icy where the executive has traditionally had human rights bureau. Religious persecution is Unfortunately, the provisions in this bill that discretion in the exercise of his constitutional an unforgivable crime around the globe, but would have made our immigration policy duties and powers to promote the full range of our efforts to combat it must not be allowed to slightly more humane were removed from the U.S. interestsÐincluding national security, damage our fight for other critical human legislation. I think we are making a big mis- economic prosperity, and respect for all rights. take. In fact, the provisions that would have human rights. I will vote in favor of this bill today, because protected asylum seekers fleeing religious per- Our laws and policies already give signifi- it sends a strong message against intolerable secution should have been expanded to aid cant weight to human rights, and I would sup- religious persecution. But I hope when the bill those seeking asylum based on racial perse- port strict and severe sanctions against re- is considered in the Senate, and then in con- cution, ethnicity, membership in a in a social pressive governments under current law. Fur- ference, we can roll up our sleeves to draft a group, or political opinion. ther, it is unlikely that the imposition of sanc- better bill, that will work not only to end these Our nation must never turn its back on tions, as provided in this bill, would have much unforgivable practices, but to help those who those fleeing persecution. It is offensive to our effect on governments that are of a mind to are oppressed all around the world. American tradition, our cultural heritage, and persecute people on account of their faith. Mr. WATTS of Oklahoma. Mr. Chairman, I the very nature of our republic. Such automatic sanctions risk strengthening rise today to urge my colleagues to support of This legislation does, however, for the first the grip of those who permit or undertake reli- H.R. 2431, the Freedom From Religious Per- time require the GAO to conduct a study of gious intolerance in their countries. Sanctions secution Act. It is high time that Congress take airport deportations, so that we may gather may trigger reprisals against victims as well as decisive steps to stop foreign governments data about the abuses that may be occurring an end to American engagement with offend- from jailing, torturing or killing people, just be- in our immigration practices. What is happen- ing governments. Furthermore, by establishing cause of their religious beliefs. We must also ing to the people we turn away? How many May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3281 people are we sending to their deaths? We Chances are that the 30-second sound bites From Religious Persecution Act of 1997.'' As need this information, and I am hopeful that and the direct mail pieces that say ``voted Americans, we too often take for granted the once we have it we can revisit our immigration against the Freedom from Religious Persecu- freedoms we enjoy to practice our faith and policy and end the shameful practice of turn- tion Act'' already are in the works. live according to our moral, ethical and spir- ing away those who are seeking asylum from It is sad that some will seek political gain on itual beliefs. What we must not forget is that persecution. an issue so delicate, but that is the state of all over the world, people are being per- Let me reiterate that I strongly support this politics in this day and age. secuted on the basis of their religious beliefs, legislation, I only wish it were stronger. I urge Make no mistake: no one who opposes this and I believe we have an obligation to do what my colleagues to take an important step to bill believes that killing, enslaving, or jailing we can to protect them. protect human rights worldwide and vote for those who practice their faith is just. It seems that every day we are greeted with this legislation. We abhor it. horrifying accounts of religious persecution, in- Mr. FAZIO of California. Mr. Chairman, the But we believe there's a smarter way to put volving forced relocation, enslavement, rape, right to religious freedom should be a fun- an end to these practices. starvation, torture and even murder. Perhaps damental right that every citizen enjoys. America is the greatest nation in the world most disturbing is that these atrocities are Indeed, our nation was founded on this because of our leadership in foreign affairs sanctioned by and carried out under the or- premise. and the bridges we have built nations around ders of foreign governments and local authori- Yet sadly, there are nations where being a the world. ties. It is clearly not enough to simply urge Muslim, a Jew, a Christian, or any of a num- We decry religious persecution whenever these brutal regimes to grant their citizens the ber of other religions, can cause you great we see it. same religious liberties that are enjoyed in this harm. While this legislation is good intentioned, it country, and I believe that this legislation rep- It's difficult for many of us who live in a na- handcuffs our ability to have the flexibility we resents a necessary step in our efforts to com- tion where everyone can worship as he and need to end religious persecution. bat the terrible reality of religious persecution. she chooses without fear of persecution to Let's not put our best efforts to stop reli- H.R. 2431 is a moderate and reasoned re- even imagine the possibility of being thrown in gious persecution at risk with an ill-advised sponse to a serious situation. This legislation jail or being killed because of whom you pray policy that is blind to policies that are effective will link U.S. aid to a country's performance on to. on a nation-to-nation and case-to-case busi- religious liberty and focuses on the most egre- This brutal suppression of religious freedom, ness. gious forms of persecution against all religious of course, is reprehensible. Allow our diplomats to work effectively to groups. It does not impose embargoes, as And President Clinton has made securing allow religious freedom around the world. some of my colleagues have sought to argue, religious freedom for people of all faiths a pri- Mr. PAYNE. Mr. Chairman, I rise in support but rather provides for moderate, targeted ority in our foreign policy. of this bill. The State Department has expanded cov- I cannot condone any government that sanctions against specific governmental enti- erage of religious freedom in its annual human abuses the rights of its citizens whether it is ties which have direct involvement in religious rights report. for abuses in the category of human rights, persecution. In addition, the bill permits waiv- And the Administration has created an Advi- democracy, freedom of speech, press. Like- ers for national security reasons and in situa- sory Committee on Religious Freedom wise religious persecution is equally as impor- tions where sanctions are deemed by the Aboard. tant. This is not a one-size-fits-all approach. president to be counter-productive. In addition, the Secretary of State will be Today people all over the world are still per- Mr. Chairman, I am proud to be a co-spon- creating a senior-level coordinator responsible secuted for their beliefs. Many are living in sor of this important legislation, and I will take for integrating religious freedom into our for- constant terror and some even fear for their great pride in casting my vote in favor of its eign policy. lives. passage. I urge my colleagues to join me in These stepped-up actions by the Clinton Christians, Muslims, Jews, and many others supporting the religious freedom of all of our Administration will help us in persuading gov- are singled out. Even in places like Germany, brothers and sisters around the world by vot- ernments to prevent limitations on religious China, the North of Ireland, and the Sudan ing yes on H.R. 2431. freedom. people are being persecuted for their religion. Mr. PORTER. Mr. Chairman, I would first Our current law already provides an ade- In China officials crack down on unregis- like to thank my friend and colleague FRANK quate basis for us to impose sanctions on for- tered Protestant house church members sim- WOLF for his consistent and strong leadership eign governments when we need to take ply for practicing their religious beliefs. The sit- in bringing this vital issue in front of the Con- tough action. uation in Sudan remains intolerable. In May gress, and for his determination to focus atten- So the question is: do we continue our pol- the Popular Defense Force of the National Is- tion on one of the most critical human rights icy of being quietly effective, using the wide lamic Front (NIF) regime raided several vil- crises of our day, religious persecution. He range of tools in our foreign policy toolbox to lages, burning homes, schools, and two has been a voice crying in the wilderness for get things doneÐor do we engage in a policy churches. Furthermore, it was reported that many years, speaking out for Tibetans in of ranting and raving that may backfire, caus- children of the black Africans in Sudan are China, Christians in Sudan, and Bahai's in ing more harm than good. being enslaved and forced to change their cul- Iran, and I am proud of the work we have Public condemnation of governments that done together on these and other important do not provide religious freedom often is ap- tural identity and become Arabic-speaking Muslims. The Christian Solidarity International human rights issues. I also want to thank the propriate. leadership of the House International Rela- Our President has not been shy about using (CSI) estimates that there are tens of thou- tions CommitteeÐspecifically Mr. GILMAN and the bully pulpit to criticize governments that sands of chattel slaves still in bondage in the Mr. SMITHÐfor shepherding this bill through don't do right by their citizens. borderlands between northern and southern But this bill would make condemnation auto- Sudan. the legislative process and for their commit- maticÐa situation not always appropriate that Sudan has often been described as one mil- ment to human rights. very well might put religious prisoners and lion miles of suffering. A million southern Su- As co-chairman of the Congressional their families in further jeopardy. danese deaths over the past decade, execu- Human Rights Caucus, I have spent many It also may jeopardize our efforts in other tions of political opponents, the thousands of hours in hearings and briefings receiving testi- political and economic arenas that we use to slaves that are branded like cattle to show mony from persons all over the world who improve relations that will result in tolerance ownership combined with the capture of some have suffered from the most serious kinds of for religious diversity. 3,000 ['95 & '96] children by the Lord's Resist- persecution. In fact, the Caucus was founded That is the wrong approach. ance Army (LRA) aided by the al-Bashir gov- in 1983 after I returned from a trip to the We should be bold in our actions without ernment did not go unheeded. former Soviet Union, where I witnessed the jeopardizing our foreign policy and our broad Violations of religious freedom in this world harsh religious persecution practiced by that global interests. are innumerable. Hopefully, we will be able to regime. I have met people who have been im- That's why our current policy is the best live in a world where people can practice their prisoned, tortured, raped and who have lost route to achieving the means that all of us religion peacefully without any threat or fear. loved ones as a result of religious intolerance. here want to achieve. Once again, I support this bill and urge my Today, the House has an opportunity to say to You can be sure that some may use this bill colleagues to do the same. the torturers, rapists and murderers ``The in the Fall campaign to position those who are Mr. POSHARD. Mr. Chairman, I rise today United States is not going to stand by and against it as being against religious freedom. in strong support of H.R. 2431, the ``Freedom allow you to terrorize people who are engaged H3282 CONGRESSIONAL RECORD — HOUSE May 14, 1998 in the peaceful practice of their religious be- (B) Numerous international agreements (A) House Resolution 515, expressing the liefs.'' I call on all of my colleagues to join me and covenants also identify mankind’s inher- sense of the House of Representatives with in supporting this important legislation. ent right to freedom of religion. These in- respect to the persecution of Christians There has been a great deal of talk about clude the following: worldwide; (i) Article 18 of the Universal Declaration what H.R. 2431 does and does not do. Once (B) S. Con. Res. 71, expressing the sense of of Human Rights states that ‘‘Everyone has the Senate with respect to the persecution of you cut through all of the hyperbole, it is clear the right to freedom of thought, conscience Christians worldwide; that this is a reasonable and modest approach and religion; this right includes freedom to (C) H. Con. Res. 102, concerning the eman- to a very serious issue. No government on this change his religion or belief, and freedom, ei- cipation of the Iranian Baha’i community; plant should receive U.S. assistance if they ther alone or in community with others and and are engaged in the type of gross violations of in public or private, to manifest his religion (D) section 1303 of H.R. 1561, the Foreign human rights that are specified in this bill. No or belief in teaching, practice, worship and Relations Authorization Act, Fiscal Years government should fail to take action against observance’’. 1996 and 1997. (ii) Article 18 of the Covenant on Civil and those who perpetrate these abuses, and con- (10) The Department of State, in a report Political Rights declares that ‘‘Everyone to Congress filed pursuant to House Report tinue to receive the benefit of U.S. foreign aid. shall have the right to freedom of thought, 104–863, accompanying the Omnibus Consoli- In these times of fiscal constraint, America's conscience, and religion . . .’’ and further dated Appropriations Act, 1997 (Public Law foreign assistance programs have been cut to delineates the privileges under this right. 104–208) set forth strong evidence that wide- the bone. Every year, worthy projects and ap- (iii) The Declaration on the Elimination of spread and ongoing religious persecution is plicants go unfunded due to a lack of funds. All Forms of Intolerance and of Discrimina- occurring in a number of countries around In this climate, it is morally and fiscally rep- tion Based on Religion and Belief, adopted the world. rehensible to allow abusive or grossly neg- by the United Nations General Assembly on (11)(A)(i) In recent years there have been November 25, 1981, declares that ‘‘religion or ligent regimes to receive aid. H.R. 2431 rem- successive terrorist attempts to desecrate belief, for anyone who professes either, is one and destroy the premises of the Ecumenical edies this situation without punishing the inno- of the fundamental elements in his concep- cent victims because it only cuts off non-hu- Patriarchate in the Fanar area of Istanbul tion of life . . .’’ and that ‘‘freedom of reli- (Constantinople), Turkey. manitarian aid. This is an even-handed and gion and belief should also contribute to the (ii) Attempts against the Ecumenical Pa- compassionate response to the abuse of attainment of the goals of world peace, so- triarchate have intensified, including the human rights. cial justice and friendship among peoples following: and to the elimination of ideologies or prac- I urge all Members to vote for this bill and (I) On September 30, 1996, a hand grenade tices of colonialism and racial discrimina- send our support to those who suffer for their was thrown into the headquarters of the tion’’. Eastern Orthodox Patriarchate and exploded, faith in silence and obscurity around the world. (iv) The Concluding Document of the Third The CHAIRMAN. All time for general causing damage to the physical structure of Follow-Up Meeting of the Organization for the grounds, most notably the Agios debate has expired. Security and Cooperation in Europe commits Georgios Church. Pursuant to the rule, the amendment states to ‘‘ensure in their laws and regula- (II) On May 28, 1994, three powerful bombs in the nature of a substitute consisting tions and in their application the full and ef- of the text of H.R. 3806, modified by the fective exercise of the freedom of thought, were discovered in the living quarters of the amendments printed in part 1 of House conscience, religion or belief’’. Patriarch, and were subsequently defused only minutes before they were set to deto- Report 105–534, is considered as an (3) Persecution of religious believers, par- ticularly Roman Catholic and evangelical nate. original bill for the purpose of amend- (III) In July and August 1993, the Christian ment under the 5-minute rule and is Protestant Christians, in Communist coun- tries persists and in some cases is increasing. Orthodox cemetery in Yenikoy, near considered read. (4) In many countries and regions thereof, Istanbul, was attacked by vandals and dese- The text of the amendment in the na- governments dominated by extremist move- crated. ture of a substitute, as modified, is as ments persecute non-Muslims and religious (iii) His All Holiness Patriarch Bartholo- follows: converts from Islam using means such as mew and those associated with the Ecumeni- Be it enacted by the Senate and House of Rep- ‘‘blasphemy’’ and ‘‘apostasy’’ laws, and such cal Patriarchate are Turkish citizens and resentatives of the United States of America in movements seek to corrupt a historically thus must be protected under Turkish law Congress assembled, tolerant Islamic faith and culture through against blatant and unprovoked attacks to- SECTION 1. SHORT TITLE. the persecution of Baha’is, Christians, and ward ethnic minorities. This Act may be cited as the ‘‘Freedom other religious minorities. (iv) The Turkish Government arbitrarily From Religious Persecution Act of 1998’’. (5) The extremist Government of Sudan is closed the Halki Patriarchal School of The- SEC. 2. FINDINGS AND PURPOSE. waging a self-described religious war against ology in 1971. (a) FINDINGS.—The Congress makes the fol- Christians, other non-Muslims, and moderate (v) The Ecumenical Patriarchate is the lowing findings: Muslims by using torture, starvation, en- spiritual center for more than 250,000,000 Or- (1) Governments have a primary respon- slavement, and murder. thodox Christians worldwide, including ap- sibility to promote, encourage, and protect (6) In Tibet, where Tibetan Buddhism is in- proximately 5,000,000 in the United States. respect for the fundamental and internation- extricably linked to the Tibetan identity, (vi) It is in the best interest of the United ally recognized right to freedom of religion. the Government of the People’s Republic of States to prevent further incidents regarding (2)(A) Since its inception, the United China has intensified its control over the Ti- the Ecumenical Patriarchate and in the States Government has rested upon certain betan people by interfering in the selection overall goals of the United States to estab- founding principles. One of those principles of the Panchen Lama, propagandizing lish peaceful relations with and among the is that all people have the inalienable right against the religious authority of the Dalai many important nations of the world that to worship freely, which demands that reli- Lama, restricting religious study and tradi- have substantial Orthodox Christian popu- gion be protected from unnecessary govern- tional religious practices, and increasing the lations. ment intervention. The Founding Fathers of persecution of monks and nuns. (B) It is the sense of the Congress that— the United States incorporated that prin- (7) In Xinjiang Autonomous Region of (i) the United States should use its influ- ciple in the Declaration of Independence, China, formerly the independent republic of ence with the Turkish Government and as a which states that mankind has the inalien- East Turkistan, where the Muslim religion is permanent member of the United Nations able right to ‘‘life, liberty, and the pursuit of inextricably linked to the dominant Uyghur Security Council to suggest that the Turkish happiness’’, and in the United States Con- culture, the Government of the People’s Re- Government— stitution, the first amendment to which public of China has intensified its control (I) ensure proper protection for the Patri- states that ‘‘Congress shall make no law re- over the Uyghur people by systematically re- archate and all of the Orthodox faithful re- specting an establishment of religion, or pro- pressing religious authority, restricting reli- siding in Turkey; hibiting the free exercise thereof’’. There- gious study and traditional practices, de- (II) provide for the proper protection and fore, in accordance with this belief in the in- stroying mosques, and increasing the perse- safety of the Ecumenical Patriarch and Pa- alienable right of freedom of religion for all cution of religious clergy and practitioners. triarchate personnel; people, as expressed by the Declaration of (8) In countries around the world, Chris- (III) establish conditions that would pre- Independence, and the belief that religion tians, Jews, Muslims, Hindus, and other reli- vent the recurrence of past terrorist activi- should be protected from government inter- gious believers continue to be persecuted on ties and vandalism and other personal ference, as expressed by the United States account of their religious beliefs, practices, threats against the Patriarch; Constitution, the Congress opposes inter- and affiliations. (IV) establish conditions to ensure that the national religious persecution and believes (9) The 104th Congress recognized the facts Patriarchate is free to carry out its religious that the policies of the United States Gov- set forth in this section and stated clearly mission; and ernment and its relations with foreign gov- the sense of the Senate and the House of (V) do everything possible to find and pun- ernments should be consistent with the com- Representatives regarding these matters in ish the perpetrators of any provocative and mitment to this principle. approving— terrorist acts against the Patriarchate; and May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3283 (ii) the Secretary of State should report to under title IV of chapter 2 of part I of that (1) Consider information regarding the the Congress on an annual basis on the sta- Act, relating to the Overseas Private Invest- facts and circumstances of violations of reli- tus and progress of the concerns expressed in ment Corporation), other than— gious freedom presented in the annual re- clause (i). (i) assistance under chapter 8 of part I of ports of the Department of State on human (b) PURPOSE.—It is the purpose of this Act that Act; rights under sections 116(d) and 502B(b) of to reduce and eliminate the widespread and (ii) any other narcotics-related assistance the Foreign Assistance Act of 1961 (22 U.S.C. ongoing religious persecution taking place under part I of that Act or under chapter 4 or 2151n(d) and 2304(b)). throughout the world today. 5 of part II of that Act, but any such assist- (2) Make findings of fact on violations of SEC. 3. DEFINITIONS. ance provided under this clause shall be sub- religious freedom based on information— As used in this Act: ject to the prior notification procedures ap- (A) considered under paragraph (1); or (1) DIRECTOR.—The term ‘‘Director’’ means plicable to reprogrammings pursuant to sec- (B) presented by independent human rights the Director of the Office of Religious Perse- tion 634A of that Act; groups, nongovernmental organizations, or cution Monitoring established under section (iii) disaster relief assistance, including other interested parties, at any stage of the 5. any assistance under chapter 9 of part I of process provided in this Act. (2) LEGISLATIVE DAY.—The term ‘‘legisla- that Act; When appropriate, the Director may hold tive day’’ means a day on which both Houses (iv) antiterrorism assistance under chapter public hearings subject to notice at which of Congress are in session. 8 of part II of that Act; such groups, organizations, or other inter- (3) PERSECUTED COMMUNITY.—The term (v) assistance which involves the provision ested parties can present testimony and evi- ‘‘persecuted community’’ means any reli- of food (including monetization of food) or dence of acts of persecution occurring in gious group or denomination whose members medicine; countries being examined by the Office. have been found to be subject to category 1 (vi) assistance for refugees; and (3) On the basis of information and findings or category 2 persecution in the latest an- (vii) humanitarian and other development of fact described in paragraphs (1) and (2), nual report submitted under section 6(a) or assistance in support of programs of non- make recommendations to the Secretary of in any interim report submitted thereafter governmental organizations under chapters 1 State for consideration by the Secretary in under section 6(c) before the next annual re- and 10 of that Act; making determinations of countries in which port. (B) sales, or financing on any terms, under there is category 1 or category 2 persecution (4) PERSECUTION FACILITATING PRODUCTS.— the Arms Export Control Act, other than under subsection (g), identify the responsible The term ‘‘persecution facilitating prod- sales or financing provided for narcotics-re- entities within such countries, and prepare ucts’’ means those crime control, detection, lated purposes following notification in ac- and submit the annual report described in torture, and electroshock instruments and cordance with the prior notification proce- section 6. dures applicable to reprogrammings pursu- equipment (as determined under section 6(n) (4) Maintain the lists of persecution facili- ant to section 634A of the Foreign Assistance of the Export Administration Act of 1979) tating products, and the responsible entities Act of 1961; and that are directly and substantially used or within countries determined to be engaged in (C) financing under the Export-Import intended for use in carrying out acts of per- persecution described in paragraph (3), revis- Bank Act of 1945. secution described in paragraphs (5) and (6). ing the lists in accordance with section 6(c) (10) UNITED STATES PERSON.—The term (5) CATEGORY 1 PERSECUTION.—The term as additional information becomes available. ‘‘United States person’’ means— ‘‘category 1 persecution’’ means widespread These lists shall be published in the Federal (A) any United States citizen or alien law- and ongoing persecution of persons on ac- Register. fully admitted for permanent residence into count of their religious beliefs or practices, (5) In consultation with the Secretary of the United States; and or membership in or affiliation with a reli- State, make policy recommendations to the (B) any corporation, partnership, or other gion or religious group or denomination, President regarding the policies of the entity organized under the laws of the whether officially recognized or otherwise, United States Government toward govern- United States or of any State, the District of when such persecution— ments which are determined to be engaged in Columbia, or any territory or possession of (A) includes abduction, enslavement, kill- religious persecution. the United States. ing, imprisonment, forced mass relocation, (6) Report directly to the President and the rape, crucifixion or other forms of torture, or SEC. 4. APPLICATION AND SCOPE. Secretary of State, and coordinate with the The responsibility of the Secretary of the systematic imposition of fines or pen- appropriate officials of the Department of State under section 5(g) to determine wheth- alties which have the purpose and effect of State, the Department of Justice, the De- er category 1 or category 2 persecution ex- destroying the economic existence of persons partment of Commerce, and the Department ists, and to identify persons and commu- on whom they are imposed; and of the Treasury, to ensure that the provi- (B) is conducted with the involvement or nities that are subject to such persecution, extends to— sions of this Act are fully and effectively im- support of government officials or agents, or plemented. pursuant to official government policy. (1) all foreign countries in which alleged (f) ADMINISTRATIVE MATTERS.— (6) CATEGORY 2 PERSECUTION.—The term violations of religious freedom have been set (1) PERSONNEL.—The Director may appoint ‘‘category 2 persecution’’ means widespread forth in the latest annual report of the De- partment of State on human rights under such personnel as may be necessary to carry and ongoing persecution of persons on ac- out the functions of the Office. count of their religious beliefs or practices, sections 116(d) and 502(b) of the Foreign As- (2) SERVICES OF OTHER AGENCIES.—The Di- or membership in or affiliation with a reli- sistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)); and rector may use the personnel, services, and gion or religious group or denomination, facilities of any other department or agency, whether officially recognized or otherwise, (2) such other foreign countries in which, either as a result of referral by an independ- on a reimbursable basis, in carrying out the when such persecution— functions of the Office. (A) includes abduction, enslavement, kill- ent human rights group or nongovernmental (g) RESPONSIBILITIES OF THE SECRETARY OF ing, imprisonment, forced mass relocation, organization in accordance with section STATE.—The Secretary of State, in time for rape, crucifixion or other forms of torture, or 5(e)(2) or otherwise, the Director has reason inclusion in the annual report described in the systematic imposition of fines or pen- to believe category 1 or category 2 persecu- subsections (a) and (b) of section 6, shall de- alties which have the purpose and effect of tion may exist. termine with respect to each country de- destroying the economic existence of persons SEC. 5. OFFICE OF RELIGIOUS PERSECUTION scribed in section 4 whether there is cat- on whom they are imposed; and MONITORING. egory 1 or category 2 persecution, and shall (B) is not conducted with the involvement (a) ESTABLISHMENT.—There shall be estab- include in each such determination the com- or support of government officials or agents, lished in the Department of State the Office of Religious Persecution Monitoring (here- munities against which such persecution is or pursuant to official government policy, after in this Act referred to as the ‘‘Office’’). directed. Any determination in any interim but which the government fails to undertake (b) APPOINTMENT.—The head of the Office report described in subsection (c) of section serious and sustained efforts to eliminate, shall be a Director who shall be appointed by 6 that there is category 1 or category 2 perse- being able to do so. the President, by and with the advice and cution in a country shall be made by the (7) RESPONSIBLE ENTITIES.—The term ‘‘re- consent of the Senate. The Director shall re- Secretary of State. sponsible entities’’ means the specific gov- ceive compensation at a rate of pay not to SEC. 6. REPORTS TO CONGRESS. ernment units, as narrowly defined as prac- exceed the rate of pay in effect for level IV ticable, which directly carry out the acts of of the Executive Schedule under section 5315 (a) ANNUAL REPORTS.—Not later than April persecution described in paragraphs (5) and of title 5, United States Code. 30 of each year, the Director shall submit to (6). (c) REMOVAL.—The Director shall serve at the Committees on Foreign Relations, the (8) SANCTIONED COUNTRY.—The term ‘‘sanc- the pleasure of the President. Judiciary, Appropriations, and Banking, tioned country’’ means a country on which (d) BARRED FROM OTHER FEDERAL POSI- Housing, and Urban Affairs of the Senate and sanctions have been imposed under section 7. TIONS.—No person shall serve as Director to the Committees on International Rela- (9) UNITED STATES ASSISTANCE.—The term while serving in any other position in the tions, the Judiciary, Appropriations, and ‘‘United States assistance’’ means— Federal Government. Banking and Financial Services of the House (A) any assistance under the Foreign As- (e) RESPONSIBILITIES OF DIRECTOR.—The Di- of Representatives a report described in sub- sistance Act of 1961 (including programs rector shall do the following: section (b). H3284 CONGRESSIONAL RECORD — HOUSE May 14, 1998

(b) CONTENTS OF ANNUAL REPORT.—The an- (ii) export to that country any persecution that country), effective 1 year after the date nual report of the Director shall include the facilitating products identified in the lists on which the Director submits the report in following: issued under subsections (b)(2) and (c) of sec- which the determination is included, if the (1) DETERMINATION OF RELIGIOUS PERSECU- tion 6. Secretary of State, in the next annual report TION.—A copy of the determinations of the (B) With respect to any country in which of the Director under section 6, determines Secretary of State pursuant to subsection (g) the Secretary of State finds the occurrence that the country is engaged in category 1 of section 5. of category 2 persecution, no United States persecution or that category 2 persecution (2) IDENTIFICATION OF PERSECUTION FACILI- person may export to that country any per- exists in that country. TATING PRODUCTS.—With respect to each secution facilitating products identified in (3) REPORTS TO CONGRESS.—If a country de- country in which the Secretary of State has the lists issued under subsections (b)(2) and scribed in paragraph (1) or (2) is granted a determined that there is either category 1 or (c) of section 6. loan or other utilization of funds notwith- category 2 persecution, the Director, in con- (3) PENALTIES.—Any person who knowingly standing the objection of the United States sultation with the Secretary of Commerce, violates the provisions of paragraph (2) shall under this subsection, the Secretary of the shall identify and list the items on the list be subject to the penalties set forth in sub- Treasury shall report to the Congress on the established under section 6(n) of the Export sections (a) and (b)(1) of section 16 of the efforts made to deny loans or other utiliza- Administration Act of 1979 that are directly Trading With the Enemy Act (50 U.S.C. App. tion of funds to that country, and shall in- and substantially used or intended for use in 16 (a) and (b)(1)) for violations under that clude in the report specific and explicit rec- carrying out acts of religious persecution in Act. ommendations designed to ensure that such such country. (4) EFFECTIVE DATE OF PROHIBITIONS.—The loans or other utilization of funds are denied (3) IDENTIFICATION OF RESPONSIBLE ENTI- prohibitions on exports under paragraphs (1) to that country in the future. TIES.—With respect to each country in which and (2) shall take effect with respect to a (4) DEFINITION.—As used in this subsection, the Secretary of State has determined that country 90 days after the date on which— the term ‘‘multilateral development bank’’ there is category 1 persecution, the Director (A) the country is identified in a report of means any of the multilateral development shall identify and list the responsible enti- the Director under section 6 as a country in banks as defined in section 1701(c)(4) of the ties within that country that are engaged in which category 1 or category 2 persecution International Financial Institutions Act (22 such persecution. Such entities shall be de- exists, U.S.C. 262r(c)(4)). (B) responsible entities are identified in fined as narrowly as possible. (d) RELATIONSHIP TO OTHER PROVISIONS.— that country in a list issued under sub- (4) OTHER REPORTS.—The Director shall in- The effective dates of the sanctions provided section (b)(3) or (c) of section 6, or clude the reports submitted to the Director in this section are subject to sections 8 and (C) persecution facilitating products are by the Attorney General under section 9 and 11. by the Secretary of State under section 10. identified in a list issued under subsection (b)(2) or (c) of section 6, (e) DULY AUTHORIZED INTELLIGENCE ACTIVI- (c) INTERIM REPORTS.—The Director may TIES.—The prohibitions and restrictions of submit interim reports to the Congress con- as the case may be. (b) UNITED STATES ASSISTANCE.— this section shall not apply to the conduct of taining such matters as the Director consid- (1) CATEGORY 1 PERSECUTION.—No United duly authorized intelligence activities of the ers necessary, including revisions to the lists States assistance may be provided to the United States Government. issued under paragraphs (2) and (3) of sub- government of any country which the Sec- (f) EFFECT ON EXISTING CONTRACTS.—The section (b). The Director shall submit an in- retary of State determines is engaged in cat- imposition of sanctions under this section terim report in the case of a determination egory 1 persecution, effective 90 days after shall not affect any contract that is entered by the Secretary of State under section 5(g), the date on which the Director submits the into by the Overseas Private Investment other than in an annual report of the Direc- report in which the determination is in- Corporation before the sanctions are im- tor, that category 1 or category 2 persecu- cluded. posed, is in force on the date on which the tion exists, or in the case of a determination (2) CATEGORY 2 PERSECUTION.—No United sanctions are imposed, and is enforceable in by the Secretary of State under section 11(a) States assistance may be provided to the a court of law on such date. that neither category 1 or category 2 perse- government of any country in which the Sec- (g) EFFECT OF WAIVERS.—Any sanction cution exists. retary of State determines that there is cat- under this section shall not take effect dur- (d) PERSECUTION IN REGIONS OF A COUN- egory 2 persecution, effective 1 year after the ing the period after the President has noti- TRY.—In determining whether category 1 or date on which the Director submits the re- fied the Congress of a waiver of that sanction category 2 persecution exists in a country, port in which the determination is included, under section 8 and before the waiver has the Secretary of State shall include such if the Secretary of State, in the next annual taken effect under that section. persecution that is limited to one or more report of the Director under section 6, deter- SEC. 8. WAIVER OF SANCTIONS. regions within the country, and shall indi- mines that the country is engaged in cat- (a) WAIVER AUTHORITY.—Subject to sub- cate such regions in the reports described in egory 1 persecution or that category 2 perse- section (b), the President may waive the im- this section. cution exists in that country. position of any sanction against a country SEC. 7. SANCTIONS. (c) MULTILATERAL ASSISTANCE.— under section 7 for periods of not more than (a) PROHIBITION ON EXPORTS RELATING TO (1) CATEGORY 1 PERSECUTION.—With respect 12 months each, if the President, for each RELIGIOUS PERSECUTION.— to any country which the Secretary of State waiver— (1) ACTIONS BY RESPONSIBLE DEPARTMENTS determines is engaged in category 1 persecu- (1) determines— AND AGENCIES.—With respect to any country tion, the President shall instruct the United in which— States Executive Director of each multilat- (A) that the national security interests of (A) the Secretary of State finds the occur- eral development bank and of the Inter- the United States justify such a waiver; or rence of category 1 persecution, the Director national Monetary Fund to vote against, and (B) that such a waiver will substantially shall so notify the relevant United States de- use his or her best efforts to deny, any loan promote the purposes of this Act as set forth partments and agencies, and such depart- or other utilization of the funds of their re- in section 2; and ments and agencies shall— spective institutions to that country (other (2) provides to the Committees on Foreign (i) prohibit all exports to the responsible than for humanitarian assistance, or for de- Relations, Finance, the Judiciary, and Ap- entities identified in the lists issued under velopment assistance which directly address- propriations of the Senate and to the Com- subsections (b)(3) and (c) of section 6; and es basic human needs, is not administered by mittees on International Relations, the Judi- (ii) prohibit the export to such country of the government of the sanctioned country, ciary, and Appropriations of the House of the persecution facilitating products identi- and confers no benefit on the government of Representatives a written notification of the fied in the lists issued under subsections that country), effective 90 days after the Di- President’s intention to waive any such (b)(2) and (c) of section 6; or rector submits the report in which the deter- sanction. (B) the Secretary of State finds the occur- mination is included. The notification shall contain an expla- rence of category 2 persecution, the Director (2) CATEGORY 2 PERSECUTION.—With respect nation of the reasons why the President con- shall so notify the relevant United States de- to any country in which the Secretary of siders the waiver to be necessary, the type partments and agencies, and such depart- State determines there is category 2 persecu- and amount of goods, services, or assistance ments and agencies shall prohibit the export tion, the President shall instruct the United to be provided pursuant to the waiver, and to such country of the persecution facilitat- States Executive Director of each multilat- the period of time during which such a waiv- ing products identified in the lists issued eral development bank and of the Inter- er will be effective. When the President con- under subsections (b)(2) and (c) of section 6. national Monetary Fund to vote against, and siders it appropriate, the explanation under (2) PROHIBITIONS ON U.S. PERSONS.—(A) With use his or her best efforts to deny, any loan the preceding sentence, or any part of the ex- respect to any country in which the Sec- or other utilization of the funds of their re- planation, may be submitted in classified retary of State finds the occurrence of cat- spective institutions to that country (other form. egory 1 persecution, no United States person than for humanitarian assistance, or for de- (b) ADDITIONAL INFORMATION.—In the case may— velopment assistance which directly address- of a waiver under subsection (a)(1)(B), the (i) export any item to the responsible enti- es basic human needs, is not administered by notification shall contain a detailed state- ties identified in the lists issued under sub- the government of the sanctioned country, ment of the facts particular to the country sections (b)(3) and (c) of section 6; and and confers no benefit on the government of subject to the waiver which justifies the May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3285 President’s determination, and of the alter- applicant for asylum or refugee status (in- clause (ii) a report containing the results of native measures the President intends to im- cluding any applicant who is not a member a study conducted under subparagraph (A)(i) plement in order to achieve the objectives of of a persecuted community but whose claim or, if the United Nations High Commissioner this Act. is based on race, religion, nationality, mem- for Refugees elected to participate in the (c) TAKING EFFECT OF WAIVER.— bership in a particular social group, or polit- study conducted under subparagraph (A)(ii), (1) IN GENERAL.—Subject to paragraph (2), a ical opinion) any right, privilege, protection, may submit with the Comptroller General of waiver under subsection (a) shall take effect or eligibility otherwise provided by law. the United States a report under clause (ii). 45 days after its submission to the Congress, (4) NO DISPLACEMENT OF OTHER REFUGEES.— (ii) DUTIES OF COMPTROLLER GENERAL.—Not or on the day after the 15th legislative day Refugees admitted to the United States as a later than September 30, 1999, the Comptrol- after such submission, whichever is later. result of the procedures set forth in this sec- ler General of the United States shall submit (2) IN EMERGENCY CONDITIONS.—The Presi- tion shall not displace other refugees in need to the Committees on the Judiciary of the dent may waive the imposition of sanctions of resettlement who would otherwise have House of Representatives and the Senate, the against a country under subsection (b) or (c) been admitted in accordance with existing Committee on International Relations of the of section 7 to take effect immediately if the law and procedures. House of Representatives, and the Commit- President, in the written notification of in- (5) PERIOD FOR PUBLIC COMMENT AND RE- tee on Foreign Relations of the Senate a re- tention to waive the sanctions, certifies that VIEW.—Section 207(d) of the Immigration and port containing the results of the study con- emergency conditions exist that make an Nationality Act is amended by adding at the ducted under subparagraph (A)(ii). If the immediate waiver necessary. end the following: United Nations High Commissioner for Refu- (d) SENSE OF CONGRESS.—It is the sense of ‘‘(4)(A) Notwithstanding any other provi- gees requests to participate with the Comp- Congress that in order to achieve the objec- sion of law, prior to each annual determina- troller General in the preparation and sub- tives of this Act, the waiver authority pro- tion regarding refugee admissions under this mission of the report, the Comptroller Gen- vided in this section should be used only in subsection, there shall be a period of public eral shall grant the request. review and comment, particularly by appro- extraordinary circumstances. (C) ACCESS TO PROCEEDINGS.— priate nongovernmental organizations, SEC. 9. MODIFICATION OF IMMIGRATION POLICY. (i) IN GENERAL.—Except as provided in churches, and other religious communities clause (ii), to facilitate the studies and re- (a) INADMISSIBILITY OF CERTAIN PARTICI- and organizations, and the general public. ports, the Attorney General shall permit the PANTS IN RELIGIOUS PERSECUTION.— ‘‘(B) Nothing in this paragraph may be (1) IN GENERAL.—Section 212(a)(3) of the construed to apply subchapter II of chapter 5 United Nations High Commissioner for Refu- Immigration and Nationality Act (8 U.S.C. of title 5, United States Code, to the period gees and the Comptroller General of the 1182(a)(3)) is amended by adding at the end of review and comment referred to in sub- United States to have unrestricted access to the following: paragraph (A).’’. all stages of all proceedings conducted under ‘‘(F) PARTICIPANTS IN RELIGIOUS PERSECU- (c) ASYLEES.— section 235(b). TION.—Any alien who carried out or directed (1) GUIDELINES FOR ADDRESSING BIAS.—Not (ii) EXCEPTIONS.—Clause (i) shall not apply the carrying out of category 1 persecution later than 180 days after the date of the en- in cases in which the alien objects to such (as defined in section 3 of the Freedom from actment of this Act, the Attorney General access, or the Attorney General determines Religious Persecution Act of 1998) or cat- shall develop and implement guidelines for that the security of a particular proceeding egory 2 persecution (as so defined) is inad- identifying and addressing improper biases, would be threatened by such access, so long missible.’’. affecting the treatment of persons who may as any restrictions on the United Nations (2) APPLICABILITY.—The amendment made be eligible for asylum in the United States, High Commissioner for Refugees’ access by paragraph (1) shall apply to persecution based upon a claim of persecution or a well- under this subparagraph do not contravene occurring before, on, or after the date of the founded fear of persecution on account of re- international law. enactment of this Act. ligion, on the part of immigration officers (D) AUTHORIZATION OF APPROPRIATIONS.— (b) REFUGEES.— carrying out functions under section 208 or There are authorized to be appropriated for (1) GUIDELINES FOR ADDRESSING BIAS AF- 235 of the Immigration and Nationality Act fiscal year 1999 to carry out this paragraph FECTING REFUGEES.—Not later than 180 days and interpreters assisting immigration offi- not to exceed $1,000,000 to the Attorney Gen- after the date of the enactment of this Act, cers in carrying out such functions. eral (for a United States contribution to the the Attorney General and the Secretary of (2) STUDIES OF EFFECT OF EXPEDITED RE- Office of the United Nations High Commis- State shall jointly promulgate and imple- MOVAL PROVISIONS ON ASYLUM CLAIMS.— sion for Refugees for the activities of the ment guidelines for identifying and address- (A) STUDIES.— United Nations High Commissioner for Refu- ing improper biases, affecting the treatment (i) PARTICIPATION BY UNITED NATIONS HIGH gees under this paragraph) and not to exceed of persons who may be eligible for admission COMMISSIONER FOR REFUGEES.—The Attorney $1,000,000 to the Comptroller General of the into the United States as a refugee based General shall invite the United Nations High United States. upon a claim of persecution or a well-found- Commissioner for Refugees to conduct a (d) TRAINING.— ed fear of persecution on account of religion, study, alone or in cooperation with the (1) TRAINING ON RELIGIOUS PERSECUTION.— on the part of— Comptroller General of the United States (as The Attorney General shall provide training (A) immigration officers adjudicating ap- determined in the discretion of the United regarding religious persecution to all immi- plications for admission as a refugee submit- Nations High Commissioner for Refugees), to gration officers and immigration judges ad- ted by such persons and interpreters assist- determine whether immigration officers de- judicating applications for admission as a ing immigration officers in adjudicating scribed in clause (ii) are engaging in any of refugee or asylum applications, including— such applications; and the conduct described in such clause. (A) country-specific instruction on the (B) individuals and entities assisting in the (ii) DUTIES OF COMPTROLLER GENERAL.—The practices and beliefs of religious groups, and identification of such persons and the prepa- Comptroller General of the United States on the methods of governmental and non- ration of such applications. shall conduct a study, alone or, upon request governmental persecution employed on ac- (2) ADMISSION PRIORITY.—For purposes of by the United Nations High Commissioner count of religious practices and beliefs; and section 207(a)(3) of the Immigration and Na- for Refugees, in cooperation with the United (B) other relevant information contained tionality Act, an individual who is a member Nations High Commissioner for Refugees, to in the most recent annual report submitted of a persecuted community, and is deter- determine whether immigration officers per- by the Director to the Congress under sec- mined by the Attorney General to be a refu- forming duties under section 235(b) of the tion 6. gee within the meaning of section Immigration and Nationality Act with re- (2) INSTRUCTION BY NONGOVERNMENTAL EX- 101(a)(42)(A) of the Immigration and Nation- spect to aliens who may be eligible to be PERTS.—It is the sense of the Congress that ality Act, shall be considered a refugee of granted asylum are engaging in any of the the Attorney General, in carrying out para- special humanitarian concern to the United following conduct: graph (1)(A), should include in the training States. In carrying out such section 207(a)(3), (I) Improperly encouraging such aliens to under the paragraph, where practicable, in- applicants for refugee status who are mem- withdraw their applications for admission. struction by nongovernmental experts on re- bers of a persecuted community shall be (II) Incorrectly failing to refer such aliens ligious persecution. given priority status equal to that given to for an interview by an asylum officer for a (3) TRAINING FOR IMMIGRATION OFFICERS AD- applicants who are members of other specific determination of whether they have a credi- JUDICATING REFUGEE APPLICATIONS.—Section groups of special concern to the United ble fear of persecution (within the meaning 207 of the Immigration and Nationality Act States. This paragraph shall be construed of section 235(b)(1)(B)(v) of such Act). (8 U.S.C. 1157) is amended by adding at the only to require that members of a persecuted (III) Incorrectly removing such aliens to a end the following: community be accorded equal consideration country where they may be persecuted. ‘‘(f) The Attorney General shall provide in determining admissions under section (IV) Detaining such aliens improperly or in 207(a) of such Act, and shall not be construed inappropriate conditions. training in country conditions, refugee law, to require that any particular individual or (B) REPORTS.— and interview techniques, comparable to group be admitted under that section. (i) PARTICIPATION BY UNITED NATIONS HIGH that provided to full-time adjudicators of ap- (3) NO EFFECT ON OTHERS’ RIGHTS.—Nothing COMMISSIONER FOR REFUGEES.—The United plications under section 208, to all immigra- in this section, or any amendment made by Nations High Commissioner for Refugees tion officers adjudicating applications for this section, shall be construed to deny any may submit to the committees described in admission as a refugee under this section.’’. H3286 CONGRESSIONAL RECORD — HOUSE May 14, 1998

(e) REPORTING.—Not later than March 30 of after the 15th legislative day, whichever is ice computers may be exported to or for use each year, the Attorney General shall pro- later, after the Director, in an annual report of the Government of Sudan. vide to the Director, for inclusion in the Di- described in section 6(b), does not include a (B) REGULATIONS OF THE SECRETARY OF rector’s annual report under section 6(b)(4), a determination by the Secretary of State that COMMERCE.—The Secretary of Commerce report containing the following: the sanctioned country is among those in may prescribe such regulations as may be (1) With respect to the year that is the sub- which category 1 or category 2 persecution necessary to carry out subparagraph (A). ject of the report, the number of applicants continues to exist, or in an interim report (C) PENALTIES.—Any person who violates for asylum or refugee status whose applica- under section 6(c), includes a determination this paragraph shall be subject to the pen- tions were based, in whole or in part, on reli- by the Secretary of State that neither cat- alties provided in section 11 of the Export gious persecution. egory 1 nor category 2 persecution exists in Administration Act of 1979 (50 U.S.C. App. (2) In the case of such applications, the such country. 2410) for violations under that Act. number that were proposed to be denied, and (b) WITHDRAWAL OF FINDING.—Any deter- (3) PROHIBITION ON NEW INVESTMENT IN the number that were finally denied. mination of the Secretary of State under SUDAN.— (3) In the case of such applications, the section 5(g) may be withdrawn before taking (A) PROHIBITION.—No United States person number that were granted. effect if the Secretary makes a written de- may, directly or through another person, (4) A description of other developments termination, on the basis of a preponderance make any new investment in Sudan that is with respect to the adjudication of applica- of the evidence, that the country substan- not prohibited by paragraph (1). tions for asylum or refugee status that were tially eliminated any category 1 or category (B) REGULATIONS.—The Secretary of Com- based, in whole or in part, on religious perse- 2 persecution that existed in that country. merce may prescribe such regulations as cution. The Director shall submit to the Congress may be necessary to carry out subparagraph (5) A description of the training conducted each determination under this subsection. (A). for immigration officers and immigration SEC. 12. SANCTIONS AGAINST SUDAN. (C) PENALTIES.—Any person who violates this paragraph shall be subject to the pen- judges under subsection (d)(1), including a (a) EXTENSION OF SANCTIONS UNDER EXIST- alties provided in section 11 of the Export list of speakers and materials used in such ING LAW.—Any sanction imposed on Sudan training and the number of immigration offi- because of a determination that the govern- Administration Act of 1979 (50 U.S.C. App. cers and immigration judges who received ment of that country has provided support 2410) for violations under that Act. such training. for acts of international terrorism, includ- (4) AVIATION RIGHTS.— (A) AIR TRANSPORTATION RIGHTS.—The Sec- (6) A description of the development and ing— retary of Transportation shall prohibit any implementation of anti-bias guidelines under (1) export controls imposed pursuant to the aircraft of a foreign air carrier owned or con- subsections (b)(1) and (c)(1). Export Administration Act of 1979; trolled, directly or indirectly, by the Govern- (2) prohibitions on transfers of munitions SEC. 10. STATE DEPARTMENT HUMAN RIGHTS RE- ment of Sudan or operating pursuant to a PORTS. under section 40 of the Arms Export Control contract with the Government of Sudan from (a) ANNUAL HUMAN RIGHTS REPORT.—In Act; engaging in air transportation with respect preparing the annual reports of the State De- (3) the prohibition on assistance under sec- to the United States, except that such air- partment on human rights under sections tion 620A of the Foreign Assistance Act of craft shall be allowed to land in the event of 116(d) and 502B(b) of the Foreign Assistance 1961; an emergency for which the safety of an air- Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), (4) section 2327(b) of title 10, United States craft’s crew or passengers is threatened. the Secretary of State shall, in the section Code; (B) TAKEOFFS AND LANDINGS.—The Sec- on religious freedom— (5) section 6 of the Bretton Woods Agree- retary of Transportation shall prohibit the (1) consider the facts and circumstances of ments Act Amendments, 1978 (22 U.S.C. 286e– takeoff and landing in Sudan of any aircraft the violation of the right to freedom of reli- 11); and by an air carrier owned, directly or indi- gion presented by independent human rights (6) section 527 of the Foreign Operations, rectly, or controlled by a United States per- groups and nongovernmental organizations; Export Financing, and Related Programs Ap- son, except that such aircraft shall be al- (2) report on the extent of the violations of propriations Act, 1998 (as contained in Public lowed to land in the event of an emergency the right to freedom of religion, specifically Law 105–118); for which the safety of an aircraft’s crew or including whether the violations arise from shall continue in effect after the enactment passengers is threatened, or for humani- governmental or nongovernmental sources, of this Act until the Secretary of State de- tarian purposes. and whether the violations are encouraged termines that Sudan has substantially elimi- (C) TERMINATION OF AIR SERVICE AGREE- by the government or whether the govern- nated religious persecution in that country, MENTS.—To carry out subparagraphs (A) and ment fails to exercise satisfactory efforts to or the determination that the government of (B), the Secretary of State shall terminate control such violations; that country has provided support for acts of any agreement between the Government of (3) report on whether freedom of religion international terrorism is no longer in ef- Sudan and the Government of the United violations occur on a nationwide, regional, fect, whichever occurs later. States relating to air services between their or local level; and (b) ADDITIONAL SANCTIONS ON SUDAN.—Ef- respective territories. (4) identify whether the violations are fo- fective 90 days after the date of the enact- (D) DEFINITIONS.—For purposes of this cused on an entire religion or on certain de- ment of this Act, the following sanctions (to paragraph, the terms ‘‘aircraft’’, ‘‘air trans- nominations or sects. the extent not covered under subsection (a)) portation’’, and ‘‘foreign air carrier’’ have (b) TRAINING.—The Secretary of State shall apply with respect to Sudan: the meanings given those terms in section shall— (1) PROHIBITION ON FINANCIAL TRANSACTIONS 40102 of title 49, United States Code. (1) institute programs to provide training WITH GOVERNMENT OF SUDAN.— (5) PROHIBITION ON PROMOTION OF UNITED for chiefs of mission as well as Department (A) OFFENSE.—Any United States person STATES TOURISM.—None of the funds appro- of State officials having reporting respon- who knowingly engages in any financial priated or otherwise made available by any sibilities regarding the freedom of religion, transaction, including any loan or other ex- provision of law may be available to promote which shall include training on— tension of credit, directly or indirectly, with United States tourism in Sudan. (A) the fundamental components of the the Government of Sudan shall be fined in (6) GOVERNMENT OF SUDAN BANK AC- right to freedom of religion, the variation in accordance with title 18, United States Code, COUNTS.— beliefs of religious groups, and the govern- or imprisoned for not more than 10 years, or (A) PROHIBITION.—A United States deposi- mental and nongovernmental methods used both. tory institution may not accept, receive, or in the violation of the right to freedom of re- (B) DEFINITIONS.—As used in this para- hold a deposit account from the Government ligion; and graph: of Sudan, except for such accounts which (B) the identification of independent (i) FINANCIAL TRANSACTION.—The term ‘‘fi- may be authorized by the President for dip- human rights groups and nongovernmental nancial transaction’’ has the meaning given lomatic or consular purposes. organizations with expertise in the matters that term in section 1956(c)(4) of title 18, (B) ANNUAL REPORTS.—The Secretary of described in subparagraph (A); and United States Code. the Treasury shall submit annual reports to (2) submit to the Director, not later than (ii) UNITED STATES PERSON.—The term the Congress on the nature and extent of as- January 1 of each year, a report describing ‘‘United States person’’ means— sets held in the United States by the Govern- all training provided to Department of State (I) any United States citizen or national; ment of Sudan. officials with respect to religious persecu- (II) any alien lawfully admitted into the (C) DEFINITION.—For purposes of this para- tion during the preceding 1-year period, in- United States for permanent residence; graph, the term ‘‘depository institution’’ has cluding a list of instructors and materials (III) any juridical person organized under the meaning given that term in section used in such training and the number and the laws of the United States; and 19(b)(1) of the Act of December 23, 1913 (12 rank of individuals who received such train- (IV) any person in the United States. U.S.C. 461(b)(1)). ing. (2) PROHIBITIONS ON UNITED STATES EXPORTS (7) PROHIBITION ON UNITED STATES GOVERN- SEC. 11. TERMINATION OF SANCTIONS. TO SUDAN.— MENT PROCUREMENT FROM SUDAN.— (a) TERMINATION.—The sanctions described (A) PROHIBITION ON COMPUTER EXPORTS.—No (A) PROHIBITION.—No department, agency, in section 7 shall cease to apply with respect computers, computer software, or goods or or any other entity of the United States Gov- to a sanctioned country 45 days, or the day technology intended to manufacture or serv- ernment may enter into a contract for the May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3287 procurement of goods or services from (B) a detailed description of economic and and actions against the Government of parastatal organizations of Sudan, except for other measures adopted by the other indus- Sudan as will end that government’s policy items necessary for diplomatic or consular trialized countries to bring about an end to of religious persecution. purposes. religious persecution in Sudan, including an (e) DEFINITIONS.—As used in this section: (B) DEFINITION.—As used in this paragraph, assessment of the stringency with which (1) GOVERNMENT OF SUDAN.—The term such measures are enforced by those coun- the term ‘‘parastatal organization of Sudan’’ ‘‘Government of Sudan’’ includes any agency tries. means a corporation, partnership, or entity or instrumentality of the Government of (4) CONFORMITY OF UNITED STATES MEAS- owned, controlled, or subsidized by the Gov- Sudan. ernment of Sudan. URES TO INTERNATIONAL AGREEMENT.—If the (2) NEW INVESTMENT IN SUDAN.—The term President successfully concludes an inter- (8) PROHIBITION ON UNITED STATES APPRO- ‘‘new investment in Sudan’’— national agreement described in paragraph PRIATIONS FOR USE AS INVESTMENTS IN OR (A) means— (2), the President may, after such agreement TRADE SUBSIDIES FOR SUDAN.—None of the (i) a commitment or contribution of funds enters into force with respect to the United funds appropriated or otherwise made avail- or other assets, or able by any provision of law may be avail- States, adjust, modify, or otherwise amend the measures imposed under any provision of (ii) a loan or other extension of credit, able for any new investment in, or any sub- that is made on or after the effective date of sidy for trade with, Sudan, including funding this section to conform with such agree- ment. this subsection; and for trade missions in Sudan and for partici- (B) does not include— (5) PROCEDURES FOR AGREEMENT TO ENTER pation in exhibitions and trade fairs in (i) the reinvestment of profits generated by INTO FORCE.—Each agreement submitted to Sudan. a controlled Sudanese entity into that same (9) PROHIBITION ON COOPERATION WITH the Congress under this subsection shall enter into force with respect to the United controlled Sudanese entity, or the invest- ARMED FORCES OF SUDAN.—No agency or en- ment of such profits in a Sudanese entity; tity of the United States may engage in any States if— (A) the President, not less than 30 days be- (ii) contributions of money or other assets form of cooperation, direct or indirect, with where such contributions are necessary to the armed forces of Sudan, except for activi- fore the day on which the President enters into such agreement, notifies the House of enable a controlled Sudanese entity to oper- ties which are reasonably necessary to facili- ate in an economically sound manner, with- tate the collection of necessary intelligence. Representatives and the Senate of the Presi- dent’s intention to enter into such an agree- out expanding its operations; or Each such activity shall be considered as sig- (iii) the ownership or control of a share or nificant anticipated intelligence activity for ment, and promptly thereafter publishes no- tice of such intention in the Federal Reg- interest in a Sudanese entity or a controlled purposes of section 501 of the National Secu- Sudanese entity or a debt or equity security rity Act of 1947 (50 U.S.C. 413). ister; (B) after entering into the agreement, the issued by the Government of Sudan or a Su- (10) PROHIBITION ON COOPERATION WITH IN- President transmits to the House of Rep- danese entity before the date of the enact- TELLIGENCE SERVICES OF SUDAN.— resentatives and to the Senate a document ment of this Act, or the transfer or acquisi- (A) SANCTION.—No agency or entity of the tion of such a share or interest, or debt or United States involved in intelligence activi- containing a copy of the final text of such agreement, together with— equity security, if any such transfer or ac- ties may engage in any form of cooperation, quisition does not result in a payment, con- direct or indirect, with the Government of (i) a description of any administrative ac- tion proposed to implement such agreement tribution of funds or assets, or credit to a Sudan, except for activities which are rea- and an explanation as to how the proposed Sudanese entity, a controlled Sudanese en- sonably designed to facilitate the collection administrative action would change or affect tity, or the Government of Sudan. of necessary intelligence. existing law; and (3) CONTROLLED SUDANESE ENTITY.—The (B) POLICY.—It is the policy of the United (ii) a statement of the President’s reasons term ‘‘controlled Sudanese entity’’ means— States that no agency or entity of the United regarding— (A) a corporation, partnership, or other States involved in intelligence activities (I) how the agreement serves the interest business association or entity organized in may provide any intelligence information to of United States foreign policy; and Sudan and owned or controlled, directly or the Government of Sudan which pertains to (II) why the proposed administrative ac- indirectly, by a United States person; or any internal group within Sudan. Any tion is required or appropriate to carry out (B) a branch, office, agency, or sole propri- change in such policy or any provision of in- the agreement; and etorship in Sudan of a United States person. telligence information contrary to this pol- (C) a joint resolution approving such agree- (4) SUDANESE ENTITY.—The term ‘‘Sudanese icy shall be considered a significant antici- ment has been enacted. entity’’ means— pated intelligence activity for purposes of (6) UNITED NATIONS SECURITY COUNCIL IMPO- (A) a corporation, partnership, or other section 501 of the National Security Act of SITION OF SAME MEASURES AGAINST SUDAN.—It business association or entity organized in 1947 (50 U.S.C. 413). is the sense of the Congress that the Presi- Sudan; or The sanctions described in this subsection dent should instruct the Permanent Rep- (B) a branch, office, agency, or sole propri- shall apply until the Secretary of State de- resentative of the United States to the etorship in Sudan of a person that resides or termines that Sudan has substantially elimi- United Nations to propose that the United is organized outside Sudan. nated religious persecution in that country. Nations Security Council, pursuant to Arti- (5) SUDAN.—The term ‘‘Sudan’’ means any (c) MULTILATERAL EFFORTS TO END RELI- cle 41 of the United Nations Charter, impose area controlled by the Government of Sudan GIOUS PERSECUTION IN SUDAN.— measures against Sudan of the same type as or by any entity allied with the Government (1) EFFORTS TO OBTAIN MULTILATERAL MEAS- are imposed by this section. of Sudan, and does not include any area in URES AGAINST SUDAN.—It is the policy of the (d) ADDITIONAL MEASURES AND REPORTS; which effective control is exercised by an en- United States to seek an international RECOMMENDATIONS OF THE PRESIDENT.— tity engaged in active resistance to the Gov- agreement with the other industrialized de- (1) UNITED STATES POLICY TO END RELIGIOUS ernment of Sudan. mocracies to bring about an end to religious PERSECUTION.—It shall be the policy of the (f) WAIVER AUTHORITY.—The President may persecution by the Government of Sudan. United States to impose additional measures waive the imposition of any sanction against The net economic effect of such inter- against the Government of Sudan if its pol- national agreement should be measurably icy of religious persecution has not ended on Sudan under paragraph (2) or (8) of sub- greater than the net economic effect of the or before December 25, 1998. section (b) of this section for periods of not more than 12 months each, if the President, other measures imposed by this section. (2) REPORT TO CONGRESS.—The Director for each waiver— (2) COMMENCEMENT OF NEGOTIATIONS TO INI- shall prepare and transmit to the Speaker of (1) determines that the national security TIATE MULTILATERAL SANCTIONS AGAINST the House of Representatives and the Chair- interests of the United States justify such a SUDAN.—It is the sense of the Congress that man of the Committee on Foreign Relations the President or, at his direction, the Sec- of the Senate on or before February 1, 1999, waiver; and retary of State should convene an inter- and every 12 months thereafter, a report con- (2) provides to the Committees on Foreign national conference of the industrialized de- taining a determination by the Secretary of Relations, Finance, the Judiciary, and Ap- mocracies in order to reach an international State of whether the policy of religious per- propriations of the Senate and to the Com- agreement to bring about an end to religious secution by the Government of Sudan has mittees on International Relations, the Judi- persecution in Sudan. The international con- ended. ciary, and Appropriations of the House of Representatives a written notification of the ference should begin promptly and should be (3) RECOMMENDATION FOR IMPOSITION OF AD- President’s intention to waive any such concluded not later than 180 days after the DITIONAL MEASURES.—If the Secretary of date of the enactment of this Act. State determines that the policy of religious sanction. (3) PRESIDENTIAL REPORT.—Not less than persecution by the Government of Sudan has The notification shall contain an expla- 210 days after the date of the enactment of not ended, the President shall prepare and nation of the reasons why the President con- this Act, the President shall submit to the transmit to the Speaker of the House of Rep- siders the waiver to be necessary, the type Congress a report containing— resentatives and the Chairman of the Com- and amount of goods, services, or assistance (A) a description of efforts by the United mittee on Foreign Relations of the Senate on to be provided pursuant to the waiver, and States to negotiate multilateral measures to or before March 1, 1999, and every 12 months the period of time during which such a waiv- bring about an end to religious persecution thereafter, a report setting forth such rec- er will be effective. When the President con- in Sudan; and ommendations for such additional measures siders it appropriate, the explanation under H3288 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the preceding sentence, or any part of the ex- Freedom From Religious Persecution Act of should promote increased advocacy on such planation, may be submitted in classified 1998, acting jointly, shall establish as part of issues during meetings between executive form. the standard training for officers of the Serv- branch and congressional leaders and foreign (g) DULY AUTHORIZED INTELLIGENCE ACTIVI- ice, including chiefs of mission, instruction dignitaries. TIES.—The prohibitions and restrictions con- in the field of internationally recognized (2) RELIGIOUS PERSECUTION PRISONER LISTS tained in paragraphs (1), (2), (3), and (7) of human rights. Such instruction shall in- AND ISSUE BRIEFS.—The Secretary of State, subsection (b) shall not apply to the conduct clude— in consultation with United States chiefs of of duly authorized intelligence activities of ‘‘(1) standards for proficiency in the knowl- mission abroad, regional experts, the Direc- the United States Government. edge of international documents and United tor, and nongovernmental human rights and SEC. 13. EFFECTIVE DATE. States policy in human rights, and shall be religious groups, shall prepare and maintain (a) IN GENERAL.—Subject to subsections (b) mandatory for all members of the Service issue briefs on religious freedom, on a coun- and (c), this Act and the amendments made having reporting responsibilities relating to try-by-country basis, consisting of lists of by this Act shall take effect 120 days after human rights, and for chiefs of mission; and persons believed to be imprisoned for their the date of the enactment of this Act. ‘‘(2) instruction on the international right religious faith, together with brief evalua- tions and critiques of policies of the respec- (b) APPOINTMENT OF DIRECTOR.—The Direc- to freedom of religion, the nature, activities, tor shall be appointed not later than 60 days and beliefs of different religions, and the var- tive country restricting religious freedom. after the date of the enactment of this Act. ious aspects and manifestations of religious The Secretary of State shall exercise appro- priate discretion regarding the safety and se- (c) REGULATIONS.—Each Federal depart- persecution.’’. IGH-LEVEL CONTACTS WITH NGOS.— ment or agency responsible for carrying out (c) H curity concerns of prisoners in considering United States chiefs of mission shall seek any of the sanctions under section 7 shall the inclusion of their names on the lists. out and contact religious nongovernmental VAILABILITY OF INFORMATION.—The issue all necessary regulations to carry out (3) A organizations to provide high-level meetings Secretary of State shall provide these reli- such sanctions within 120 days after the date with religious nongovernmental organiza- gious freedom issue briefs to executive of the enactment of this Act. tions where appropriate and beneficial. branch and congressional officials and dele- The CHAIRMAN. No amendment to United States chiefs of mission and Foreign gations in anticipation of bilateral contacts that amendment in the nature of a sub- Service officers abroad shall seek to meet with foreign leaders, both in the United stitute is in order unless printed in with imprisoned religious leaders where ap- States and abroad. part 2 of that report. Each amendment propriate and beneficial. (g) ASSISTANCE FOR PROMOTING RELIGIOUS may be offered only in the order print- (d) PROGRAMS AND ALLOCATIONS OF FUNDS FREEDOM.— BY UNITED STATES MISSIONS ABROAD.—It is (1) FINDINGS.—The Congress makes the fol- ed in the report, may be offered only by the sense of the Congress that— lowing findings: a Member designated in the report, (1) United States diplomatic missions in (A) In many nations where severe viola- shall be considered read, shall be de- countries the governments of which engage tions of religious freedom occur, there is not batable for the time specified in the re- in or tolerate religious persecution should sufficient statutory legal protection for reli- port, equally divided and controlled by develop, as part of annual program planning, gious minorities or there is not sufficient the proponent and an opponent, shall a strategy to promote the respect of the cultural and social understanding of inter- not be subject to amendment and shall internationally recognized right to freedom national norms of religious freedom. of religion; and not be subject to a demand for a divi- (B) Accordingly, in its foreign assistance (2) in allocating or recommending the allo- already being disbursed, the United States sion of the question. cation of funds or the recommendation of should make a priority of promoting and de- It is now in order to consider Amend- candidates for programs and grants funded veloping legal protections and cultural re- ment No. 1 printed in part 2 of House by the United States Government, United spect for religious freedom. Report 105–534. States diplomatic missions should give par- (2) ALLOCATION OF FUNDS FOR INCREASED AMENDMENT NO. 1 OFFERED BY MR. BRADY ticular consideration to those programs and PROMOTION OF RELIGIOUS FREEDOMS.—Section Mr. BRADY. Mr. Chairman, I offer an candidates deemed to assist in the promotion 116(e) of the Foreign Assistance Act of 1961 is of the right to religious freedom. amendment. amended by inserting ‘‘and the right to free (e) EQUAL ACCESS TO UNITED STATES MIS- religious belief and practice’’ after ‘‘adher- The CHAIRMAN. The Clerk will des- SIONS ABROAD FOR CONDUCTING RELIGIOUS ence to civil and political rights’’. ignate the amendment. ACTIVITIES.— (h) INTERNATIONAL BROADCASTING.— The text of the amendment is as fol- (1) IN GENERAL.—Subject to this sub- (1) Section 302(1) of the United States lows: section, the Secretary of State shall permit, International Broadcasting Act of 1994 is on terms no less favorable than that ac- amended by inserting ‘‘and of conscience (in- Amendment No. 1 offered by Mr. BRADY: corded other nongovernmental activities, ac- Page 14, line 9, strike ‘‘and’’. cluding freedom of religion)’’ after ‘‘freedom cess to the premises of any United States Page 14, line 10, insert ‘‘, and transmit a of opinion and expression’’. diplomatic mission or consular post by any copy of the report to the Commission on (2) Section 303(a) of the United States United States citizen seeking to conduct an International Religious Persecution estab- International Broadcasting Act of 1994 is activity for religious purposes. lished under section 14’’ before the period. amended— (2) TIMING AND LOCATION.—The Secretary of Page 24, line 2 insert ‘‘, the Trade and De- (A) by striking ‘‘and’’ at the end of para- State shall make reasonable accommoda- velopment Agency, or the Export Import graph (6); tions with respect to the timing and location Bank of the United States’’ after ‘‘Corpora- (B) by striking the period at the end of of such access in light of— tion’’. paragraph (7) and inserting ‘‘; and’’; and (A) the number of United States citizens Insert the following after section 12 and re- (C) by adding at the end the following: requesting the access (including any particu- designate the succeeding section accord- ‘‘(8) promote respect for human rights, in- lar religious concerns regarding the time of ingly: cluding freedom of religion.’’. day, date, or physical setting for services); (i) INTERNATIONAL EXCHANGES.—Section SEC. 13. PROMOTION OF RELIGIOUS FREEDOM. (B) conflicts with official activities and 102(b) of the Mutual Educational and Cul- (a) ESTABLISHMENT OF A RELIGIOUS FREE- other nonofficial United States citizen re- tural Exchange Act of 1961 is amended— DOM INTERNET SITE.—In order to facilitate quests; (1) by striking ‘‘and’’ after paragraph (10); access by nongovernmental organizations (C) the availability of openly conducted, (2) by striking the period at the end of (NGOs) and by the public around the world to organized religious services outside the paragraph (11) and inserting ‘‘; and’’; and international documents on the protection of premises of the mission or post; and (3) by adding at the end the following: religious freedom, the Director shall estab- (D) necessary security precautions. ‘‘(12) promoting respect for and guarantees lish and maintain an Internet site contain- (3) DISCRETIONARY ACCESS FOR FOREIGN NA- of religious freedom abroad by interchanges ing major international documents relating TIONALS.—The Secretary of State may per- and visits between the United States and to religious freedom, each annual report sub- mit access to the premises of a United States other nations of religious leaders, scholars, mitted under section 6, and any other docu- diplomatic mission or consular post to for- and religious and legal experts in the field of mentation or references to other sites as eign nationals for the purpose of attending religious freedom.’’. deemed appropriate or relevant by the Direc- or participating in religious activities con- (j) FOREIGN SERVICE AWARDS.— tor. ducted pursuant to this Act. (1) PERFORMANCE PAY.—Section 405(d) of (b) TRAINING FOR FOREIGN SERVICE OFFI- (f) PRISONER LISTS AND ISSUE BRIEFS ON the Foreign Service Act of 1980 is amended CERS.—Chapter 7 of title I of the Foreign RELIGIOUS PERSECUTION CONCERNS.— by inserting after the first sentence the fol- Service Act of 1980 is amended by adding at (1) SENSE OF CONGRESS.—To encourage in- lowing: ‘‘Such service in the promotion of the end the following new section: volvement with religious persecution con- internationally recognized human rights, in- ‘‘SEC. 708. TRAINING FOR FOREIGN SERVICE OF- cerns at every possible opportunity and by cluding the right to religious freedom, shall FICERS. all appropriate representatives of the United serve as a basis for granting awards under ‘‘The Secretary of State and the Director States Government, it is the sense of the this section.’’. of the Office of Religious Persecution Mon- Congress that officials of the executive (2) FOREIGN SERVICE AWARDS.—Section 614 itoring established under section 5 of the branch of the United States Government of the Foreign Service Act of 1980 is amended May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3289 by adding at the end the following new sen- ness of sanctions related to religious perse- Mr. BRADY. Mr. Chairman, I yield tence: ‘‘Distinguished, meritorious service in cution and human rights. myself such time as I may consume. the promotion of internationally recognized (3) POLICY REVIEW AND RECOMMENDATIONS IN Mr. Chairman, America has never human rights, including the right to reli- RESPONSE TO PROGRESS.—The Commission run from taking a stand on injustice in gious freedom, shall serve as a basis for shall make and provide an assessment of— granting awards under this section.’’. (A) the progress of sanctions imposed this world. It is not in our history, it is SEC. 14. COMMISSION ON INTERNATIONAL RELI- under section 7 on a country or responsible not in our heart. I know that the right GIOUS PERSECUTION. entity toward achieving termination of reli- to freedom of religion is under assault, (a) ESTABLISHMENT AND COMPOSITION.— gious persecution, as well as the potential renewed assault, throughout the world. (1) GENERALLY.—There is established the deterrence of religious persecution as a re- Religious believers in many countries United States Commission on International sult of this Act in countries on which sanc- face severe forms of persecution, tor- Religious Persecution (hereinafter referred tions have not been imposed under this Act; ture, beatings, rape, slavery and death to as the ‘‘Commission’’). (B) diplomatic and other steps the United (2) MEMBERSHIP.— for their peaceful beliefs. States has taken or should take to further Mr. Chairman, it is important that (A) APPOINTMENT.—The Commission shall accomplish the intended objectives of the be composed of— sanctions, including the promotion of multi- we take a stand, not simply denounce, (i) the Director; and lateral adoption of comparable measures; but take a stand. So I appreciate the (ii) 4 other members, who shall be ap- (C) comparable measures undertaken by author of this bill, the gentleman from pointed as follows: other countries; Virginia (Mr. WOLF), and the leadership (I) 2 Senators, 1 of whom shall be appointed (D) additional policy options to promote of the gentleman from New Jersey (Mr. by the President pro tempore of the Senate the objectives of this Act and an assessment SMITH), in bringing this dialogue and upon the recommendations of the Majority of their potential effectiveness; Leader, and 1 of whom shall be appointed by bill to the floor. (E) any obligations of the United States The goal of my amendment is simple, the Minority Leader. under international treaties or trade agree- (III) 2 Members of the House of Representa- ments with which sanctions imposed under to strengthen the impact of the act, to tives, 1 of whom shall be appointed by the section 7 have conflicted or proposed policy provide more tools to fight religious Speaker of the House of Representatives options under paragraph (2) may conflict; persecution, to enhance the account- upon the recommendations of the Majority (F) any retaliation resulting from sanc- ability and heighten a year-round pro- Leader, and 1 of whom shall be appointed by tions imposed under section 7 and the likeli- file in the fight against religious perse- the Minority Leader. hood that a proposed policy option under cution. (B) CHAIR.—The Commission shall elect paragraph (2) will lead to retaliation against one of its members as chair. Specifically, this amendment pro- United States interests, including agricul- (C) TIME OF APPOINTMENT.—The appoint- vides more tools, among them estab- tural interests; and ments required by subparagraph (A) shall be lishment of a religious freedom Inter- (G) the estimated impact from sanctions made not later than 120 days after the date imposed under section 7 and proposed policy net site, expanded international broad- of enactment of this Act. options under paragraph (2) on United States casting, publication of religious pris- (3) TERMS.—The term of office of each foreign policy, national security, economic, oner lists, training for foreign service member of the Commission shall be 2 years, and humanitarian interests, including bene- officers and equal access to U.S. mis- except that an individual may not serve fit or harm to United States businesses, agri- more than 2 terms. sions abroad. culture, and consumers, the competitiveness (4) QUORUM.—Three members of the Com- The amendment also expands con- mission constitute a quorum of the Commis- of United States businesses, and the inter- tract sanctity and establishes a five sion. national reputation of the United States as a member U.S. Commission on Inter- reliable supplier of products, technology, ag- (5) MEETINGS.—Not more than 15 days after ricultural commodities, and services. national Religious Persecution, four the issuance of an annual report under sec- Members of Congress and the new di- tion 6, the Commission shall convene. (4) EFFECTS ON RELIGIOUS COMMUNITIES AND INDIVIDUALS.—Together with specific policy rector, to promote accountability, to (6) ADMINISTRATIVE SUPPORT.—The Director shall provide to the Commission such staff recommendations provided under paragraphs evaluate the progress, to tell us how we and administrative services of the Office as (2) and (3), the Commission shall also indi- are doing and what we can do to do it may be necessary for the Commission to per- cate its evaluation of the potential effects of better, to report on efforts to secure form its functions. The Secretary of State such policies, if implemented, on the reli- multilateral cooperation, to put more shall assist the Director and the Commission gious communities and individuals whose pressure on these sanctioned countries rights are found to be violated in the coun- by detailing staff resources as needed and as and entities, to identify how America appropriate. try in question. (5) MONITORING.—The Commission shall, on is being retaliated against, to assess (7) COMPENSATION.— the impact on American jobs and inter- (A) TRAVEL EXPENSES.—Members of the an ongoing basis, monitor facts and cir- Commission shall receive no pay for services cumstances of religious persecution, in con- ests, and make recommendations to performed as such a member, but shall be al- sultation with independent human rights Congress on how we can further effec- lowed travel expenses, including per diem in groups and nongovernmental organizations, tively act to end religious persecution lieu of subsistence, at rates authorized for including churches and other religious com- around this globe. employees of agencies under subchapter I of munities, and make such recommendations Mr. Chairman, I yield one minute to chapter 57 of title 5, United States Code, as may be necessary to the appropriate agen- the gentleman from New Jersey (Mr. cies and officials of the United States Gov- while away from their homes or regular SMITH). places of business in the performance of serv- ernment. (c) REPORT OF THE COMMISSION.— Mr. SMITH of New Jersey. Mr. Chair- ices for the Commission. (1) IN GENERAL.—Not later than March 1 of man, I thank my good friend for yield- (B) NO COMPENSATION FOR GOVERNMENT EM- each year, the Commission shall submit a re- PLOYEES.—Any member of the Commission ing me time. port to the President and the Congress set- who is an officer or employee of the United Mr. Chairman, I rise in strong sup- ting forth its recommendations for changes States shall receive no additional compensa- port of the amendment offered by the in United States policy based on its evalua- tion for services performed as a member of gentleman from Texas (Mr. BRADY). tions under subsection (b). the Commission. While the gentleman from Texas may (b) DUTIES OF THE COMMISSION.— (2) CLASSIFIED FORM OF REPORT.—The re- port may be submitted in classified form, to- be one of the most junior members of (1) In general.—The Commission shall have our Committee on International Rela- as its primary responsibility the consider- gether with a public summary of rec- ation of the facts and circumstances of cat- ommendations. tions, he is one of the most significant, egory 1 or category 2 persecution presented (3) INDIVIDUAL OR DISSENTING VIEWS.—Each and a key participant in our commit- in each annual report issued under section 6 member of the Commission may include the tee’s deliberations on this bill and and the consideration of United States Gov- individual or dissenting views of the mem- many other policy initiatives. The gen- ernment policies to promote religious free- ber. tleman has offered many helpful sug- (d) TERMINATION.—The Commission shall dom and prevent religious persecution, and terminate 8 years after the initial appoint- gestions along the way, and has dem- to make appropriate policy recommenda- ment of its members. onstrated over and over again his com- tions to the President, the Secretary of The CHAIRMAN. Pursuant to House mitment to the struggle against reli- State, and the Congress. gious persecution, and I deeply, deeply, (2) POLICY REVIEW AND RECOMMENDATIONS IN Resolution 430, the gentleman from RESPONSE TO VIOLATIONS.—The Commission, Texas (Mr. BRADY) and a Member op- respect him. in evaluating United States Government posed each will control 5 minutes. The amendment offered by the gen- policies, shall consider and recommend pol- The Chair recognizes the gentleman tleman from Texas (Mr. BRADY) today icy options to further enhance the effective- from Texas (Mr. BRADY). makes further positive contribution to H3290 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the bill, and enhances the bill, as he her freedom, but does not trample on Mr. Chairman, I oppose the bill in pointed out, in a variety of ways. the freedom of others.’’ committee for a number of reasons, I commend the gentleman from It is incumbent upon us as leaders of none of which have been addressed by Texas (Mr. BRADY) for his work on be- the greatest democratic republic in the the legislative process up to this point. half of this legislation and his very world, a Nation founded on the free ex- One of my key concerns is that this constructive amendment, and I do urge ercise of religion, to ensure that the bill takes a negative approach to try- my colleagues to support it. Patriarchate is free to carry out its ing to solve a very, very complex issue. Mr. HASTINGS of Florida. Mr. Chair- non-political religious mission. That is why I offer this amendment, man, I rise in opposition to the amend- My language urges the United States which would institute positive incen- ment. to use its influence with the Turkish tives to promote religious freedom. The CHAIRMAN. The gentleman government to protect the Patriarch, The amendment would authorize the from Florida (Mr. HASTINGS) is recog- the Patriarchate personnel, and all Or- director to weigh in on policy decisions nized for 5 minutes. thodox faithful residing in Turkey. It that promote and develop legal protec- Mr. HASTINGS of Florida. Mr. Chair- also requires the administration to re- tions and cultural respect for religious man, I yield myself such time as I may ported to Congress annually on the sta- freedom in several United States pro- consume. tus of its efforts to achieve these goals. grams. This does not mean increasing Mr. Chairman, I stand in opposition H.R. 2431 states: ‘‘Governments have program costs. It does, however, mean at this time to the amendment, but I a primary responsibility to promote, that the current programs attempt to wish to commend the gentleman from encourage and protect respect for the do something to alleviate religious per- Texas (Mr. BRADY) for attempting to fundamental and internationally rec- secution. improve this bill. I know that Mr. ognized right to freedom of religion.’’ The Secretary of State’s Advisory BRADY has worked diligently, and I The CHAIRMAN. All time has ex- Committee on Religious Freedom compliment him on his efforts. pired. Abroad has recommended that the Sec- The gentleman’s amendment con- The question is on the amendment retary promote a greater awareness of tains a number of useful provisions. I offered by the gentleman from Texas religious freedom in United States de- do not think these provisions have (Mr. BRADY). velopment programs in the broadcast been as carefully examined as we would The amendment was agreed to. of Radio Asia and the other radio serv- like, and, in my view, they do not work The CHAIRMAN. It is now in order to ices throughout the world, and in our well within the context of H.R. 2431. So consider Amendment No. 2 printed in culture and educational exchanges. The while at this time I withdraw any of part 2 of House Report 105–534. amendment follows through on these those reservations and will not oppose AMENDMENT NO. 2 OFFERED BY MR. HASTINGS very productive suggestions. the efforts of the gentleman, I did at OF FLORIDA The amendment would also reinforce least want to register the reservation, Mr. HASTINGS of Florida. Mr. Chair- United States Embassies’ promotion of in the hopes that we will continue in man, I offer an amendment. religious freedom by rewarding dip- the effort to improve this bill. The CHAIRMAN. The Clerk will des- lomats who have made valuable con- Mr. Chairman, I yield back the bal- ignate the amendment. tributions to international human The text of the amendment is as fol- ance of my time. rights efforts, including the right to re- lows: Mr. BRADY. Mr. Chairman, I yield ligious freedom. I hope and expect this two minutes to the gentleman from Amendment No. 2 offered by Mr. HASTINGS amendment to get unanimous support of Florida: Florida (Mr. BILIRAKIS.) Page 15, line 4, insert the following after from my colleagues. (Mr. BILIRAKIS asked and was given line 4: Mr. Chairman, while I seek to im- permission to revise and extend his re- (7) In consultation with the Secretary of prove the bill, I must continue to point marks.) State, make policy recommendations to the to two of the very serious concerns Mr. BILIRAKIS. Mr. Chairman, I President that would make a priority of pro- with the heart of the bill. First, this thank the gentleman for yielding me moting and developing legal protections and bill, in my view, will not help those time. cultural respect for religious freedom, in- who suffer from religious persecution, Mr. Chairman, I support the amend- cluding by— and risks harm to the very commu- ment of the gentleman from Texas (Mr. (A) ensuring that funds made available for development assistance are used, among nities it seeks to protect. Religious mi- BRADY.) I would like to commend the other things, to encourage and promote in- norities in countries likely to be tar- gentleman from Virginia (Mr. WOLF) creased adherence to the right to free reli- geted under this bill fear that they will for his important work crafting this gious belief and practice; be blamed and they will suffer for the important bill to protect fundamental (B) ensuring that United States inter- imposition of U.S. sanctions on their human rights. national broadcasting is designed to promote countries. I support this bill because it sends a respect for human rights, including freedom This was the concern raised by Dr. clear message that the United States of religion, among other broadcasting goals; Youssef Boutros-Ghali, a Coptic Chris- supports freedom of religion and and tian and Egypt’s Minister of Economy, (C) ensuring that United States cultural human rights worldwide. The bill also and educational exchanges promote, among and by Reverend Joseph Pattiasina, contains language I offered to stop the other goals, respect for and guarantees of re- the General Secretary of the Commun- religious persecution of Orthodox ligious freedom abroad, including through ion of Churches in Indonesia, who said Christians in Turkey. The Ecumenical interchanges and visits between the United the bill will jeopardize the relationship Patriarchate in Istanbul, Turkey, is States and other countries of religious lead- between the Christians and Islam. the spiritual center for nearly 300 mil- ers, scholars, and religious and legal experts Second, the mandatory automatic lion Orthodox Christians worldwide, in- in the field of religious freedom. sanctions, although that has been cluding 5 million in the United States. (8) Assist the Secretary of State in estab- modified in many respects, restricts lishing a program of granting awards to It has repeatedly been the target of at- members of the Foreign Service who have the President’s ability to manage the tacks which have resulted in the provided distinguished, meritorious service full range of United States national in- deaths of its personnel. in the promotion of internationally recog- terests, including securing peace and The latest act of violence against the nized human rights, including the right to security, economic prosperity, and Patriarchate came in December 1997, religious freedom. even protection of other human rights. just months after Congress awarded The CHAIRMAN. Pursuant to House A determination of religious persecu- the Congressional Gold Medal to Patri- Resolution 430, the gentleman from tion against any country would auto- arch Bartholomew. When he accepted Florida (Mr. HASTINGS) and a Member matically trigger a fixed set of assist- the Congressional Gold Medal last opposed each will control 5 minutes. ance and trade sanctions. No other U.S. year, the Patriarch emphasized that The Chair recognizes the gentleman interest could be considered in a deci- the Orthodox Church: ‘‘May be op- from Florida (Mr. HASTINGS). sion of whether or not to impose such posed, but opposes no one; may be per- Mr. HASTINGS of Florida. Mr. Chair- sanctions. This bill forces the United secuted, but does not persecute; is fet- man, I yield myself such time as I may States to use a single, inflexible pre- tered, but chains no one; is derived of consume. emptory unilateral weapon, sanctions, May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3291 to address issues of immense complex- body converts from being a Muslim to Forbes Lewis (GA) Rodriguez ity and scope. Christianity. Ford Lewis (KY) Roemer Fossella Linder Rogan Many countries would be exposed to That is serious stuff. If we are going Fox Lipinski Rogers sanctions under this bill, including to look askance and act indifferent or Frank (MA) Livingston Rohrabacher Egypt, Saudi Arabia, Indonesia, Paki- raise our voice with nothing behind it, Franks (NJ) LoBiondo Ros-Lehtinen stan and India. As pointed out by the those beheadings will continue. But we Frelinghuysen Lofgren Rothman Frost Lowey Roukema gentleman from Indiana (Mr. HAMIL- must say very clearly and unambig- Furse Lucas Roybal-Allard TON), we have several national security uously that beheading people is some- Gallegly Luther Royce interests in these countries, heightened thing out of bounds and is truly egre- Ganske Maloney (CT) Rush only more by the events in the world gious behavior, and certainly it is vio- Gejdenson Maloney (NY) Ryun Gekas Manton Sabo today, the Middle East peace process, lative of all of the UN conventions, in- Gephardt Manzullo Salmon secure oil supplies, nonproliferation, cluding the Declaration on Intolerance Gibbons Markey Sanchez and peace and stability in Asia. These on Religion. Gilchrest Martinez Sanders countries buy American products. Gillmor Mascara Sandlin b 1330 Gilman Matsui Sanford Sanctions mandated by this bill can Goode McCarthy (MO) Sawyer and will surely harm some of these in- And so the stories need to conform, Goodlatte McCarthy (NY) Saxton terests. as do others, to these internationally Goodling McCollum Scarborough While H.R. 24312 is well-intentioned, recognized norms, and beheadings cer- Gordon McCrery Schaefer, Dan Goss McDade Schaffer, Bob it is harmful to American national in- tainly are totally out of bounds, as is Graham McDermott Schumer terests and counterproductive to our any other form of torture. Granger McGovern Scott shared goal of ending religious persecu- Mr. Chairman, I hope Members will Green McHale Sensenbrenner tion. My amendment strengthens this support the bill, and again, I think this Greenwood McHugh Serrano Gutierrez McInnis Sessions bill, and I urge its adoption. is a good amendment and I support it. Gutknecht McIntosh Shadegg Mr. Chairman, I reserve the balance Mr. HASTINGS of Florida. Mr. Chair- Hall (OH) McIntyre Shaw of my time. man, at this time I would like to thank Hall (TX) McKeon Shays Mr. SMITH of New Jersey. Mr. Chair- my good friend and distinguished col- Hamilton McKinney Sherman Hansen McNulty Shimkus man, I rise in favor of the amendment, league, the gentleman from New Jersey Hastert Meehan Shuster but I ask unanimous consent to claim (Mr. SMITH). Hastings (FL) Meek (FL) Sisisky the time, since nobody seems to be op- Mr. Chairman, I yield back the bal- Hastings (WA) Meeks (NY) Skeen posed. Hayworth Menendez Skelton ance of my time. Hefley Metcalf Slaughter The CHAIRMAN. Is there objection The CHAIRMAN. The question is on Herger Mica Smith (MI) to the request of the gentleman from the amendment offered by the gen- Hill Millender- Smith (NJ) New Jersey? tleman from Florida (Mr. HASTINGS). Hilleary McDonald Smith (OR) There was no objection. Hilliard Miller (CA) Smith (TX) The question was taken; and the Hinchey Miller (FL) Smith, Adam The CHAIRMAN. The gentleman Chairman announced that the ayes ap- Hinojosa Minge Smith, Linda from New Jersey (Mr. SMITH) is recog- peared to have it. Hobson Mink Snowbarger Hoekstra Moakley Snyder nized for 5 minutes. RECORDED VOTE Mr. SMITH of New Jersey. Mr. Chair- Holden Mollohan Solomon Mr. HASTINGS of Florida. Mr. Chair- Hooley Moran (KS) Spence man, I yield myself such time as I may man, I demand a recorded vote. Horn Moran (VA) Spratt consume. A recorded vote was ordered. Hostettler Morella Stabenow Houghton Murtha Stark Mr. Chairman, first I want to com- The vote was taken by electronic de- mend the distinguished member of our Hoyer Myrick Stearns vice, and there were—ayes 415, noes 3, Hulshof Nadler Stenholm Committee on International Relations not voting 14, as follows: Hunter Neal Stokes for his amendment. I strongly urge its Hutchinson Nethercutt Strickland adoption. [Roll No. 154] Hyde Neumann Stump AYES—415 Inglis Ney Stupak The amendment of the gentleman Istook Northup Sununu Abercrombie Brown (CA) Danner from Florida (Mr. HASTINGS) expands Jackson (IL) Norwood Talent Ackerman Brown (FL) Davis (FL) Jackson-Lee Nussle Tanner the responsibilities of the director of Aderholt Brown (OH) Davis (IL) (TX) Oberstar Tauscher the new Office of Religious Persecution Allen Bryant Davis (VA) Jefferson Obey Tauzin Andrews Bunning Deal Monitoring in several ways. The net ef- Jenkins Olver Taylor (MS) Archer Burr DeFazio fect would be to give the director a role John Ortiz Taylor (NC) Armey Burton DeGette Johnson (CT) Owens Thomas in advising the President and the Sec- Bachus Buyer Delahunt Johnson, E. B. Oxley Thompson retary of State on additional steps that Baesler Callahan DeLauro Johnson, Sam Packard Thornberry Baker Calvert DeLay the United States can take to advance Jones Pallone Thune Baldacci Camp Deutsch religious freedom around the world, in- Ballenger Campbell Diaz-Balart Kanjorski Pappas Thurman cluding in such areas as international Barcia Canady Dickey Kaptur Parker Tiahrt broadcasting and international ex- Barr Capps Dicks Kasich Pascrell Tierney Kelly Pastor Towns changes in personnel incentives for Barrett (NE) Cardin Dingell Barrett (WI) Carson Dixon Kennedy (MA) Paxon Turner State Department employees. Bartlett Castle Doggett Kennedy (RI) Payne Upton Just to respond, and not to get back Barton Chabot Dooley Kennelly Pease Velazquez to general debate, but the gentleman Bass Chambliss Doolittle Kildee Pelosi Vento Kilpatrick Peterson (MN) Visclosky from Florida raised a couple of issues Becerra Christensen Doyle Bentsen Clay Dreier Kim Peterson (PA) Walsh against the bill. I do hope Members will Bereuter Clayton Duncan Kind (WI) Petri Wamp realize that there is a very generous Berman Clement Dunn King (NY) Pickering Waters waiver provision, I think perhaps it is Berry Clyburn Edwards Kingston Pickett Watkins Bilbray Coble Ehlers Kleczka Pitts Watt (NC) too generous, but it does provide for Bilirakis Coburn Ehrlich Klink Pombo Watts (OK) national security concerns. Also under Bishop Collins Emerson Klug Pomeroy Waxman the provisions of the bill, the sanctions Blagojevich Combest Engel Knollenberg Porter Weldon (FL) Kolbe Portman Weller can be waived if the President believes Bliley Condit English Blumenauer Conyers Ensign Kucinich Poshard Wexler that it would substantially promote Blunt Cook Eshoo LaFalce Price (NC) Weygand the purposes of this act. Boehlert Cooksey Etheridge LaHood Pryce (OH) White It is about time we took religious Boehner Costello Evans Lampson Radanovich Whitfield Bonilla Cox Everett Lantos Rahall Wicker freedom seriously. This legislation Bonior Coyne Ewing Largent Ramstad Wise does so. Bono Cramer Farr Latham Rangel Wolf The gentleman from Indiana (Mr. Borski Crane Fattah LaTourette Redmond Woolsey HAMILTON) earlier in the debate talked Boswell Crapo Fawell Lazio Regula Wynn Boucher Cubin Fazio Leach Reyes Yates about the beheadings going on in Saudi Boyd Cummings Filner Lee Riley Young (AK) Arabia. Usually they occur when some- Brady Cunningham Foley Levin Rivers Young (FL) H3292 CONGRESSIONAL RECORD — HOUSE May 14, 1998 NOES—3 and so that the items regarding the on the bill itself. It has been through a Chenoweth Johnson (WI) Paul barriers to export of those items that very long and arduous process, two full NOT VOTING—14 could facilitate persecution are defined hearings in the full committee last to be only those which are specific, and September, a whole series of hearings Bateman Hefner Souder Cannon Lewis (CA) Torres I read, ‘‘directly and substantially used in my subcommittee on religious perse- Fowler Quinn Traficant or intended for use in carrying out acts cution, and then the drafting and re- Gonzalez Riggs Weldon (PA) of religious persecution in such coun- drafting. The gentleman from Califor- Harman Skaggs try.’’ nia (Mr. CAMPBELL) has been very vital b 1351 With these understandings, the bill, for that. We thank him for that. We ap- it seems to me, remains a powerful Mr. GOODLATTE changed his vote preciate his support for the full bill in statement against religious persecu- from ‘‘no’’ to ‘‘aye.’’ final passage. tion, and yet does not interfere with The CHAIRMAN. Does the gentleman So the amendment was agreed to. the appropriate role of the President of from Indiana (Mr. HAMILTON) claim the The result of the vote was announced the United States in foreign policy. time in opposition? as above recorded. Mr. Chairman, my understanding is, Mr. HAMILTON. I am not opposed to The CHAIRMAN. It is now in order to if my amendment is accepted, all sanc- the amendment, Mr. Chairman. consider amendment No. 3 printed in tions provided for in section 12, re- I ask unanimous consent to control part 2 of House Report 105–534. ferred to in section 2, may be waived. the time, Mr. Chairman. AMENDMENT NO. 3 OFFERED BY MR. CAMPBELL Mr. Chairman, I yield 1 minute to my The CHAIRMAN. Is there objection Mr. CAMPBELL. Mr. Chairman, I distinguished colleague, the gentleman to the request of the gentleman from offer an amendment. from Virginia (Mr. WOLF), the author Indiana? The CHAIRMAN. The Clerk will des- of the bill, so that he might perhaps There was no objection. ignate the amendment. speak to whether my understanding is The CHAIRMAN. The gentleman The text of the amendment is as fol- correct. I am not seeking a colloquy, I from Indiana (Mr. HAMILTON) is recog- lows: am seeking merely to yield 1 minute. nized for 5 minutes. Part 2 Amendment No. 3 printed in House Mr. WOLF. Mr. Chairman, that is Mr. HAMILTON. Mr. Chairman, I Report 105–534 offered by Mr. CAMPBELL: correct. I thank the gentleman very, yield myself such time as I may con- In section (12)(f), in the matter preceding very much. sume. paragraph (1), strike ‘‘paragraph (2) or (8) of Mr. CAMPBELL. I am proud to stand Mr. Chairman, I would say, while I do subsection (b) of’’. with the gentleman from Virginia (Mr. not support the bill, I do think this The CHAIRMAN. Pursuant to House WOLF). amendment improves the bill and it Resolution 430, the gentleman from Mr. Chairman, I yield 1 minute to the would be my intention to support it California (Mr. CAMPBELL) and a Mem- gentleman from New York (Mr. GIL- and vote for it. ber opposed each will control 5 min- MAN), the distinguished chairman of Mr. Chairman, I yield to the distin- utes. our committee. guished gentlewoman from Texas, Ms. The Chair recognizes the gentleman (Mr. GILMAN asked and was given JACKSON-LEE. from California (Mr. CAMPBELL). permission to revise and extend his re- b 1400 Mr. CAMPBELL. Mr. Chairman, I marks.) yield myself such time as I may con- Mr. GILMAN. Mr. Chairman, I thank Ms. JACKSON-LEE of Texas. Mr. sume. the gentleman for yielding. I am Chairman, I thank the ranking mem- Mr. Chairman, this amendment pleased to rise in support of the amend- ber, the gentleman from Indiana (Mr. makes the national security waiver ment offered by the distinguished HAMILTON), very much for his overall complete. As the bill left the Commit- member of our Committee on Inter- leadership throughout the years on so tee on International Relations regard- national Relations, the gentleman many important international issues. I ing Sudan, because of a jurisdictional from California (Mr. CAMPBELL). also thank the gentleman from Vir- dispute between the Committee on Mr. Chairman, this amendment re- ginia (Mr. WOLF) and the Committee on Ways and Means and Committee on stores to the bill a feature first sug- International Relations. International Relations, the waiver au- gested to us by the gentleman from I rise to support the Campbell thority given to the President did not California (Mr. CAMPBELL) that we had amendment, as well to support this leg- extend to all of the sanctions in the intended to adopt during markup dur- islation. In particular, I think it is ex- Sudan provision of the bill. With my ing our committee, but were unable to tremely important to note that the amendment, it would do so. adopt because of limitations on our President has already issued a broad Mr. Chairman, I will take an addi- committee’s jurisdiction. range of waivers and sanctions against tional moment to say that if this The gentleman from California right- Sudan, and I think that this particular amendment is adopted, and I am as- ly points out that if the President is to legislation that the gentleman from sured by my good friends that it shall have authority to waive sanctions im- California (Mr. CAMPBELL) has gives be, I will then be very proud to support posed on Sudan pursuant to the bill, he the President greater flexibility but as this bill. I am proud to stand with the should have authority to waive all of well recognizes that we have respon- gentleman from Virginia (Mr. WOLF) those sanctions, and not just some of sibility to uphold the needs of the peo- and the gentleman from New Jersey them. That is the purpose of the ple in Sudan. So I do appreciate this (Mr. SMITH), with the chairman of our amendment. We welcome the improve- amendment. committee, with many Members on the ment to our bill. Mr. Chairman, I know how commit- other side of the aisle, as well. We thank the gentleman from Cali- ted the gentleman from Virginia (Mr. I suggest that with this amendment fornia (Mr. CAMPBELL) for the close at- WOLF) has been to these issues. That is there is really no concern sufficient to tention he has paid to our bill while we why I join him, along with my good oppose this bill from the point of view were considering it within our commit- friend, the gentleman from Florida of the President’s conduct with foreign tee. I am grateful for his many positive (Mr. HASTINGS) who has been very stu- affairs, because with this amendment contributions. dious on these questions. I think when every aspect of the bill that imposes a I urge my colleagues to adopt the we begin to educate the American peo- sanction can, in appropriate cir- Campbell amendment. ple about persecution, as we have seen cumstances, be waived. Mr. SMITH of New Jersey. Mr. Chair- and heard and as it has been expressed, I also would note the kindness, the man, will the gentleman yield? abduction and enslavement, killing and consideration that I have received from Mr. GILMAN. I yield to the gen- imprisonment, forced mass relocation, the authors of this bill through a very tleman from New Jersey. rape, crucifixion or other forms of tor- long process of drafting it, so that the Mr. SMITH of New Jersey. Mr. Chair- ture, then we recognize that the legis- sanctions which deal with the defini- man, we have worked very construc- lation is extremely important. tion of an agency of a foreign nation tively with the gentleman from Cali- While many of my constituents have are defined as narrowly as practicable, fornia on this amendment, as well as raised those concerns because they are May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3293 aware of it, there are others likewise ment, both Christians and Muslims, fighting to 2431, and help to ensure the protection of a who bring to the table questions of preserve their most fundamental religious be- freedom for others, that we in this nation often whether or not we should be involved liefs. In China, millions of ``house church'' take for granted. The freedom to practice and and engaged in unilateral sanctions. Christians are forced to worship in absolute express one's religious beliefs without inter- I would simply say that I am looking secrecy in order to prevent the government ference or persecution. Vote for H.R. 2431. forward to looking at both sides of the from interfering in the practice of their worship. Mr. HAMILTON. Mr. Chairman, I issue and have considered certainly the In Tibet, Buddhists have been brutalized, their yield back the balance of my time. legislation of the Crane-Hamilton bill. religious leaders jailed, and their most holy of But I think this issue is so very impor- worship places completely desecrated. In Iran, The CHAIRMAN. The question is on tant to us as Americans. It is such an practicing Bahai's have been met with a rash the amendment offered by the gen- abiding issue for me, religious freedom, of sudden executions. And most recently, we tleman from California (Mr. CAMP- the lack of religious persecution, that have learned about the violent terrorism BELL). it begs to be answered. against Christians in both Pakistan and Egypt, The amendment was agreed to. So I rise to be able to lend my sup- while the government of these nations have The CHAIRMAN. Are there further port for the leadership of the gen- simply stood back and watched. So now that amendments to the bill? tleman from Virginia (Mr. WOLF) and we know what is happening around us, what The question is on the amendment in to add to the supporters, to acknowl- are we going to do about these on-going trav- the nature of a substitute, as modified, edge the International Campaign of esties of justice? as amended. Tibet, His Holiness, the Dalai Lama, For me, the answer is as simple as this, we the U.S. Catholic Conference, the Reli- must take a stand on these important issues The amendment in the nature of a gious Action Center for Reformed Ju- of principle. This bill, in my opinion, is a work- substitute, as modified, as amended, daism, the Salvation Army, the Anti- able solution to these growing threats to reli- was agreed to. defamation League, a noted Chinese gious freedom surging abroad. First of all, the The CHAIRMAN. Under the rule, the dissident, John Cardinal O’Connor, bill does not exclude any religious groups from Committee rises. Archbishop of New York, and Jeff Fie- its protections. Whether you are Christian, Accordingly the Committee rose; and dler, President of the Food and Allied Jew, Muslim, Hindu or something else, if you the Speaker pro tempore (Mr. MILLER Service Trades. are persecuted because of your religious be- of Florida) having assumed the chair, I think we are being begged for a re- liefs, this bill and its provisions will protect you. Mr. LAHOOD, Chairman of the Commit- sponse. We would be certainly remiss. Furthermore, this bill is in no way mutually ex- tee of the Whole House on the State of More than that, it would be tragic not clusive to any protections that may exist in the Union, reported that the Commit- to stand up for religious freedom current law for any other persecuted group. If around this world. We must stand up you are persecuted for race, national origin, tee, having had under consideration for those to be allowed to express their political affiliation or some other defining char- the bill (H.R. 2431) to establish an Of- beliefs. I thank the leadership, the gen- acteristic of personhood, existing federal law fice of Religious Persecution Monitor- ing, to provide for the imposition of tleman from Virginia (Mr. WOLF) for still addresses these concerns. Religion, I be- this legislation. lieve, because of the many on-going tragedies sanctions against countries engaged in a pattern of religious persecution, and Mr. Chairman, I rise today in support of H.R. of persecution, terrorism and violence that I for other purposes, pursuant to House 2431, the Freedom from Religious Persecution listed above, definitely deserves some form of Resolution 430, he reported the bill Act of 1998. Essentially, this bill is an effort to special consideration and treatment. Thus, the back to the House with an amendment protect one of the most sacred rights that necessity of creating a new federal sub-agen- adopted by the Committee of the human beings can enjoy, the right to seek out cy to be responsible for this volatile issue. Whole. and worship the divine as they may deem fit. The newly created Office of Religious Per- All over the world, nations, sovereign powers secution Monitoring in the State Department The SPEAKER pro tempore. Under and totalitarian groups are restricting the reli- will be headed by a Director appointed by the the rule, the previous question is or- gious freedom of others. From Christians to President and confirmed by the Senate. This dered. Jews to Muslims to Bahai's, religious persecu- director should be recognized as an expert in Is a separate vote demanded on any tion, as we stand on the brink of the next mil- the area of religious persecution and is barred amendment to the amendment in the lennium, is a widespread as ever. So, in re- specifically by the language of the bill, from nature of a substitute adopted by the sponse to the crisis, this bill establishes a new holding any other federal position while serv- Committee of the Whole? If not, the office in the State Department to monitor reli- ing in this capacity. More importantly though, question is on the amendment. gious persecution overseas called the Office this office is empowered by the bill to make The amendment was agreed to. of Religious Persecution Monitoring, directs findings of fact on any potential violations as U.S. sanctions against countries and individ- discovered by the State Department and sub- The SPEAKER pro tempore. The uals determined to have engaged in religious mit these findings to the Secretary (of State) question is on the engrossment and persecution and provides asylum for religious and President with recommendations for ac- third reading of the bill. refugees as determined by a series of guide- tion. This bill, in sum, is a powerful statement The bill was ordered to be engrossed lines mandated by the bill. to nations of the world, that we will not coun- and read a third time, and was read the As our history teaches us, many of the tenance the rampant disregard of our fellow third time. man's unalienable rights. founders of this great nation crossed the im- The SPEAKER pro tempore. The As for the bill's remaining provisions, in re- posing gulf of the Atlantic Ocean in order to question is on the passage of the bill. preserve the sanctity of their personal religious gard to the sanctions against aid given to choices. Without reservation, they flatly re- countries that violate the religious freedom of The question was taken; and the fused to let others dictate for them who they their citizens; we should not, we must not, and Speaker pro tempore announced that could worship and how that worship should be we can not sit back and enrich governments the ayes appeared to have it. conducted. Instead of bowing to the suppres- that either conduct or condone the persecution Mr. SMITH of New Jersey. Mr. sion of their beliefs, these brave pioneers of a of citizens on the basis of their religious be- Speaker, I object to the vote on the new and enlightened sense of public govern- liefs. In all of our policy decisions, we need to ground that a quorum is not present ance, chose to protect their freedom above all. show our displeasure with this kind of heinous and make the point of order that a Well over two centuries later, this same strug- conduct. And finally, the creation of a struc- quorum is not present. gle is being fought again by literally millions of tured asylum program for religious refugees is The SPEAKER pro tempore. Evi- people around the globe who simply refuse to a noble objective; an objective some believe is dently a quorum is not present. betray their most sacred beliefs about God. long overdue. In Sudan, in particular, this struggle has As people all around the world are celebrat- The Sergeant at Arms will notify ab- taken on genocidically proportions. Some re- ing the fiftieth anniversary of the Universal sent Members. ports estimate that well over one million peo- Declaration of Human Rights in their own spe- The vote was taken by electronic de- ple have been killed by the Sudanese govern- cial way, let's do so in ours. Let's support H.R. vice, and there were—yeas 375, nays 41, H3294 CONGRESSIONAL RECORD — HOUSE May 14, 1998 answered ‘‘present’’ 1, not voting 15, as Pryce (OH) Shadegg Thompson There was no objection. Radanovich Shaw Thornberry follows: Rahall Shays Thune f [Roll No. 155] Ramstad Sherman Thurman Redmond Shimkus Tiahrt REMOVAL OF NAME OF MEMBER YEAS—375 Regula Shuster Tierney AS COSPONSOR OF H.R. 3760 Reyes Sisisky Towns Mr. DAVIS of Illinois. Mr. Speaker, I Abercrombie Edwards Klug Riley Skeen Turner Ackerman Ehlers Knollenberg Rivers Skelton Upton ask unanimous consent to have my Aderholt Ehrlich Kucinich Rodriguez Slaughter Velazquez name removed as a cosponsor of H.R. Allen Emerson LaFalce Roemer Smith (MI) Vento 3760. Andrews Engel LaHood Rogan Smith (NJ) Visclosky Archer Ensign Lampson Rogers Smith (OR) Walsh The SPEAKER pro tempore. Is there Armey Eshoo Lantos Rohrabacher Smith (TX) Wamp objection to the request of the gen- Bachus Etheridge Largent Ros-Lehtinen Smith, Linda Watkins tleman from Illinois? Baesler Evans Latham Rothman Snowbarger Watts (OK) There was no objection. Baker Everett LaTourette Roukema Solomon Waxman Baldacci Ewing Lazio Roybal-Allard Souder Weldon (FL) f Ballenger Farr Leach Royce Spence Weldon (PA) Barcia Fattah Lee Rush Spratt Weller ELECTION OF MEMBER TO Barr Fawell Levin Ryun Stabenow Wexler COMMITTEE ON SMALL BUSINESS Barrett (NE) Filner Lewis (GA) Sanchez Stark Weygand Barrett (WI) Foley Lewis (KY) Sandlin Stearns White Mr. FAZIO of California. Mr. Speak- Bartlett Forbes Linder Sawyer Stenholm Whitfield er, by direction of the Democratic Cau- Barton Ford Lipinski Saxton Strickland Wicker cus, I offer a privileged resolution (H. Bass Fossella Livingston Scarborough Stupak Wise Res. 434) and ask for its immediate con- Becerra Fox LoBiondo Schaefer, Dan Sununu Wolf Bentsen Frank (MA) Lofgren Schaffer, Bob Talent Woolsey sideration. Bereuter Franks (NJ) Lowey Schumer Tanner Wynn The Clerk read the resolution, as fol- Berman Frelinghuysen Lucas Scott Tauzin Yates lows: Berry Frost Luther Sensenbrenner Taylor (MS) Young (AK) Bilbray Furse Maloney (CT) Serrano Taylor (NC) Young (FL) HOUSE RESOLUTION 434 Bilirakis Gallegly Maloney (NY) Sessions Thomas Resolved, That the following named Mem- Bishop Ganske Manton ber be, and is hereby, elected to the follow- Blagojevich Gejdenson Manzullo NAYS—41 Bliley Gekas Markey ing standing committee of the House of Rep- Blumenauer Gibbons Pickett resentatives: Blunt Gephardt Martinez Bonilla Hamilton Pombo Boehlert Gilchrest Mascara Brown (CA) Hastings (FL) Rangel To the Committee on Small Business, the Boehner Gillmor McCarthy (MO) Chenoweth Hilliard Sabo following Member: Bono Gilman McCarthy (NY) Clay Houghton Salmon DONNA CHRISTIAN GREEN of the Virgin Is- Borski Goode McCollum Conyers Jefferson Sanford lands. Boswell Goodlatte McCrery Crane Johnson (CT) Smith, Adam The resolution was ageed to. Boucher Goodling McDade Crapo Kolbe Snyder Boyd Gordon McGovern DeGette Matsui Stokes A motion to reconsider was laid on Brady Goss McHale Dicks McDermott Stump the table. Brown (FL) Graham McHugh Dingell Mink Tauscher f Brown (OH) Granger McInnis Dooley Moran (VA) Waters Bryant Green McIntosh English Oberstar Watt (NC) LEGISLATIVE PROGRAM Bunning Greenwood McIntyre Fazio Paul Burr Gutierrez McKeon (Mr. BONIOR asked and was given Burton Gutknecht McKinney ANSWERED ‘‘PRESENT’’—1 permission to address the House for 1 Buyer Hall (OH) McNulty Bonior Callahan Hall (TX) Meehan minute.) Calvert Hansen Meek (FL) NOT VOTING—15 Mr. BONIOR. Mr. Speaker, I ask the Camp Hastert Meeks (NY) Bateman Hefner Riggs gentleman from Texas (Mr. ARMEY), Campbell Hastings (WA) Menendez Dickey Lewis (CA) Sanders the distinguished majority leader, Canady Hayworth Metcalf Fowler Mollohan Skaggs Cannon Hefley Mica Gonzalez Obey Torres what the schedule for today and the re- Capps Herger Millender- Harman Quinn Traficant mainder of the week and for the follow- Cardin Hill McDonald ing week will be. Carson Hilleary Miller (CA) b 1426 Castle Hinchey Miller (FL) Mr. ARMEY. Mr. Speaker, will the Chabot Hinojosa Minge Mr. CONYERS, Mr. JEFFERSON, gentleman yield? Chambliss Hobson Moakley Mrs. MINK of Hawaii, and Mr. CLAY Mr. BONIOR. I yield to the gen- Christensen Hoekstra Moran (KS) changed their vote from ‘‘yea’’ to Clayton Holden Morella tleman from Texas. Clement Hooley Murtha ‘‘nay.’’ Mr. ARMEY. Mr. Speaker, I am Clyburn Horn Myrick Mr. MINGE changed his vote from pleased to announce that we have con- Coble Hostettler Nadler ‘‘nay’’ to ‘‘yea.’’ cluded legislative business for the Coburn Hoyer Neal So the bill was passed. week. The House will next meet on Collins Hulshof Nethercutt The result of the vote was announced Monday, May 18, at 12 noon for a pro Combest Hunter Neumann as above recorded. Condit Hutchinson Ney forma session. There will be no legisla- The motion to reconsider was laid on Cook Hyde Northup tive business and no votes on that day. Cooksey Inglis Norwood the table. On Tuesday, May 19, the House will Costello Istook Nussle f Cox Jackson (IL) Olver meet at 10:30 a.m. for morning hour Coyne Jackson-Lee Ortiz PERSONAL EXPLANATION and at 12 noon for legislative business. Cramer (TX) Owens Cubin Jenkins Oxley Mr. SANDERS. Mr. Speaker, I inad- On Tuesday we will consider a num- Cummings John Packard vertently missed rollcall vote 155, the ber of bills under suspension of the Cunningham Johnson (WI) Pallone Freedom From Religious Persecution rules, a list of which will be distributed Danner Johnson, E.B. Pappas to Members’ offices. Davis (FL) Johnson, Sam Parker Act, H.R. 2431. I am glad it passed. If I Davis (IL) Jones Pascrell had been present, I would have voted We also hope to consider H.R. 512, the Davis (VA) Kanjorski Pastor yes. new Wildlife Refuge Authorization Act, Deal Kaptur Paxon f under an open rule, and begin general DeFazio Kasich Payne debate on H.R. 3616, the National De- Delahunt Kelly Pease GENERAL LEAVE DeLauro Kennedy (MA) Pelosi fense Authorization Act for fiscal year DeLay Kennedy (RI) Peterson (MN) Mr. BLUNT. Mr. Speaker, I ask unan- 1999. Time permitting, we will com- Deutsch Kennelly Peterson (PA) imous consent that all Members may plete consideration of H.R. 3534, the Diaz-Balart Kildee Petri Dixon Kilpatrick Pickering have 5 legislative days within which to Private Sector Mandates Act. Doggett Kim Pitts revise and extend their remarks on Members should note that we do not Doolittle Kind (WI) Pomeroy H.R. 2431, the bill just passed. expect any recorded votes before 5 p.m. Doyle King (NY) Porter The SPEAKER pro tempore (Mr. on Tuesday, May 19. Dreier Kingston Portman Duncan Kleczka Poshard LAHOOD). Is there objection to the re- On Wednesday, May 20, and Thurs- Dunn Klink Price (NC) quest of the gentleman from Missouri? day, May 21, the House will meet at 10 May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3295 a.m., and on Friday, May 22, the House Mr. BONIOR. I yield to the gen- As my colleague is I am sure aware, will meet at 9 a.m. to consider the fol- tleman from Texas. the discharge petition that many of us lowing legislation: Mr. ARMEY. If the gentleman is still felt would have given a very free and Continued consideration of H.R. 3616, talking about the consideration of hon- open debate of the issue includes some the National Defense Authorization est and fair elections, certainly, I have mode of operation that we feel is very, Act for the fiscal year 1999; no doubt, we will get beyond the rule very important to the consideration of H.R. 3150, the Bankruptcy Reform and into the bill. these competing ideas. The so-called Act of 1998; and I simply cannot give my colleague freshman bill and the Shays-Meehan H.R. 2183, the Bipartisan Campaign any assurance about how far we will bill, we believe very strongly, should be Integrity Act of 1997. get relative to the amount of work to considered in what we call the Queen of be done. But certainly the gentleman is the Hill, in which the one that gets the b 1430 correct; we will be discussing the legis- most votes becomes the base bill; and We also hope to have a number of lation itself. then the open rule that I believe every- conference reports ready for next week, Mr. BONIOR. Can I ask my friend one has promised for amendment would including H.R. 2400, The Building Effi- from Texas how much time does he an- then occur thereafter. cient Surface Transportation and Eq- ticipate that he may be setting aside Could my colleague shed some light uity Act conference report; and H.R. for the campaign finance reform bill, as to whether or not the leadership 2646, The Education Savings Act for the honest election bill that he referred might be sympathetic to basically hav- public and private schools conference to? ing the rule that was about to be dis- report. Mr. ARMEY. If the gentleman would charged be the rule under which we Mr. Speaker, we hope to conclude further yield, I appreciate his interest. will conduct the free and open debate? legislative business for the week on But we have sought full participation Mr. ARMEY. As I said before, the Friday, May 22. The House will be in by everyone who has been working on substitutes are still being filed. But I recess for the Memorial Day district this subject to give them an oppor- believe the kind of rule the gentleman work period until Tuesday, June 2. tunity to present their recommenda- from Texas outlined, and again, I do The House will reconvene on Wednes- tions and consider that. We will know not of course have the authority to day, June 3, at 10:30 a.m. However, more, of course, after the filing of all speak on behalf of the Committee on votes will be postponed until after 5:00 the substitutes before the committee. Rules, but I would anticipate that if p.m. on Wednesday, June 3, the re- But we intend to give it as much time the gentleman is requesting the kind of sumption of our work after the recess. as it will take. rule outlined, anticipating that, that I thank the gentleman for yielding Mr. BONIOR. Mr. Speaker, I yield to he should have good expectations that me the time. my friend, the gentleman from Ne- he will be pleased with the rule, from Mr. BONIOR. Mr. Speaker, reclaim- braska (Mr. BEREUTER). the discussions that I have heard. ing my time, can the distinguished ma- Mr. BEREUTER. Mr. Speaker, I Mr. BONIOR. I thank my colleague jority leader assure the House that we thank my colleague the distinguished from Texas. will vote on the final passage of cam- minority whip for yielding. I wonder if paign finance reform before the recess, I might ask a question, under his res- f as promised? ervation, of the majority leader. ADJOURNMENT TO MONDAY, MAY Mr. ARMEY. If the gentleman will As the majority leader I think 18, 1998 continue to yield, I want to, of course, knows, there are bipartisan interests in thank the gentleman for his inquiry. activities of official business on Friday Mr. FOLEY. Mr. Speaker, I ask unan- Next week is, of course, a week where of next week, and I am wondering is it imous consent that when the House ad- we have a great deal of work that is possible for the majority leader to give journs today, it adjourn to meet at pending before the Nation and very im- us a 2 o’clock or a 3 o’clock certain ad- noon on Monday next. portant work. There is no doubt we journment time, or, at least, would he The SPEAKER pro tempore (Mr. will get to campaign finance reform. be willing to entertain a request from LAHOOD). Is there objection to the re- And this is, of course, a very big, this gentleman that we adjourn as quest of the gentleman from Florida? broad-based debate, focused on honest early as possible on Friday? There was no objection. and fair elections; and we intend to Mr. ARMEY. I thank the gentleman. have that full debate and there will be I do understand the importance of the f full consideration. work that my colleague is discussing HOUR OF MEETING ON TUESDAY, So I have no way of assuring the gen- here. And it is a Friday before a dis- MAY 19, 1998 tleman of our ability to complete that trict work period. work, given the fact that we have just, We will undoubtedly find ourselves Mr. FOLEY. Mr. Speaker, I ask unan- I think, until the end of today to file having to stay late on Wednesday imous consent that when the House ad- substitutes. So my anticipation is night, perhaps Thursday night. And it journs on Monday, May 18, 1998, it ad- there will be a large number of voices is our intention to be able to conclude journ to meet at 10:30 a.m. on Tuesday, that will want to be heard. by 2 o’clock so that people can begin May 19, for morning hour debates. Mr. BAESLER. Mr. Speaker, will the their district work period in a manner The SPEAKER pro tempore. Is there gentleman yield? that would be consistent with the plans objection to the request of the gen- Mr. BONIOR. I yield to the gen- they have made. tleman from Florida? tleman from Kentucky. Mr. BEREUTER. If the gentleman There was no objection. Mr. BAESLER. Mr. Speaker, if I would continue to yield, I just wanted could ask a question of the distin- to thank the majority leader for that f guished majority leader. indication. I think it would be helpful DISPENSING WITH CALENDAR Since we are the blue dog with the in our planning and it is of bipartisan WEDNESDAY BUSINESS ON sponsor of the discharge petition, we importance. WEDNESDAY NEXT are concerned, very clearly, that the Mr. BONIOR. Finally, Mr. Speaker, I whole matter be discussed next week. yield to my friend, the gentleman from Mr. FOLEY. Mr. Speaker, I ask unan- And I just heard the comments of the Texas (Mr. STENHOLM) for an inquiry. imous consent that the business in gentleman to the gentleman from Mr. STENHOLM. Mr. Speaker, I order under the Calendar Wednesday Michigan (Mr. BONIOR). thank the gentleman for yielding. rule be dispensed with on Wednesday So does the majority leader think I would like to inquire of the major- next. that we are going to be able discuss the ity leader if the leadership has The SPEAKER pro tempore. Is there substance or just the rule next week? ascertained as yet the nature of the objection to the request of the gen- Mr. ARMEY. Mr. Speaker, will the rule under which we will consider cam- tleman from Florida? gentleman yield? paign finance reform? There was no objection. H3296 CONGRESSIONAL RECORD — HOUSE May 14, 1998 AUTHORIZING THE SPEAKER, MA- The SPEAKER pro tempore. Under a the Everglades, which she helped JORITY LEADER, AND MINORITY previous order of the House, the gen- found, once called her ‘the giant on LEADER TO ACCEPT RESIGNA- tleman from Ohio (Mr. NEY) is recog- whose shoulders we all stand.’ Clay TIONS AND MAKE APPOINT- nized for 5 minutes. Henderson, president of the Florida Au- MENTS NOTWITHSTANDING AD- (Mr. NEY addressed the House. His dubon Society, said her campaign was JOURNMENT remarks will appear hereafter in the ‘certainly the turning point for the Ev- Mr. FOLEY. Mr. Speaker, I ask unan- Extensions of Remarks.) erglades.’ ’’ imous consent that notwithstanding f He also stated, ‘‘The good thing is that she lived long enough to see the any adjournment of the House until The SPEAKER pro tempore. Under a restoration of the Everglades rise to Monday, May 18, 1998, the Speaker, ma- previous order of the House, the gen- the top of the national agenda. And so jority leader, and minority leader be tleman from California (Mr. FILNER) is we’ve come too far now to be able to authorized to accept resignations and recognized for 5 minutes. to make appointments authorized by turn back.’’ (Mr. FILNER addressed the House. ‘‘She was considered the authority on law or by the House. His remarks will appear hereafter in The SPEAKER pro tempore. Is there the delicate ecosystem, which is home the Extensions of Remarks.) to plants and animals found nowhere objection to the request of the gen- f tleman from Florida? else. There was no objection. TRIBUTE TO MARJORY STONEMAN ‘‘In 1947, she helped lead the success- DOUGLAS ful push to have nearly 1.6 million f acres designated as the Everglades Na- The SPEAKER pro tempore. Under a 50TH ANNIVERSARY OF FOUNDING tional Park. That same year, she pub- previous order of the House, the gen- OF MODERN STATE OF ISRAEL lished her book, ‘The Everglades: River tleman from Florida (Mr. FOLEY) is of Grass,’ the first attempt to put the (Mr. LAMPSON asked and was given recognized for 5 minutes. permission to address the House for 1 history of the Everglades into one vol- Mr. FOLEY. Mr. Speaker, I would ume.’’ minute and to revise and extend his re- like to take a moment to pay tribute marks.) to a remarkable Floridian who spent b 1445 Mr. LAMPSON. Mr. Speaker, I would literally a century doing good on this Until then, the Everglades was con- like to take this opportunity to extend Earth before passing away today. sidered a wasteland to be conquered my warmest congratulations and best Restoration of the Florida Ever- and used for farming, and State poli- wishes to the State of Israel and to her glades, one of the largest functioning cies encouraging drainage and develop- people on the occasion of the 50th anni- ecosystems in the world, is a massive ment. The book’s title referred to the versary of the founding of the modern undertaking, and success will depend fact that the Everglades is really a State of Israel. upon a united effort between the Fed- wide river of shallow water flowing In 1948, Israel arose from the ashes of eral Government, the State of Florida, slowly southward across a low grassy the Holocaust. On May 14, 1948, the peo- and all local, regional, and tribal inter- plain. ple of Israel proclaimed the establish- ests. The book combines scientific find- ment of the sovereign and independent While the job of restoring the Ever- ings and traditional lore and reads State of Israel. Over these last 50 glades ecosystem is by no means com- nothing like a textbook. I give you a years, the American people have plete, much has already been accom- quote: ‘‘The clear burning light of the formed a profound friendship with the plished in the 50 years since President sun pours day long into the saw grass people of Israel, and these bonds of Truman designated the Everglades as a and is lost there, soaked up, never friendship and cooperation have been national park. given back,’’ she wrote. ‘‘Only the significant for both our countries, and These accomplishments, Mr. Speak- water flashes in glints. The grass yields we give thanks for the miracle of her er, are in no small part due to the ef- nothing.’’ survival; for the history of Israel and forts of Marjory Stoneman Douglas. Long past an age when most people the Jewish people is the story of re- And for that reason, I was saddened to slow down, she continued to speak out demption and freedom of all oppressed hear the news of her death this morn- on behalf of the imperiled south Flor- peoples everywhere. ing at the age of 108 years old. ida region damaged by rapid develop- So, to the people of Israel, I wish While there are many different points ment. them a peaceful, prosperous, and suc- of view about how to best clean up the Among other honors, a special con- cessful future. Everglades, we all agree that it does in servation award named for her, an act f fact need to be restored. This was not of the legislature in her name, and sev- always the case, though, in Florida. In eral Marjory Stoneman Douglas parks SPECIAL ORDERS fact, during campaigns in the 1930s, and schools. The high-rise gold glass The SPEAKER pro tempore (Mr. people would run for office and say, ‘‘If building in Tallahassee that houses the LAHOOD). Under the Speaker’s an- you will elect me governor of this State Department of Natural Re- nounced policy of January 7, 1997, and State, I will drain that swamp and cre- sources is named for her. In 1993, when under a previous order of the House, ate growth and development opportuni- she was 103 years old, President Clin- the following Members will be recog- ties.’’ But it was through the efforts of ton awarded her the Presidential Medal nized for 5 minutes each. Mrs. Douglas that Floridians began to of Freedom. f view the Everglades as a national Even when others insisted the battle The SPEAKER pro tempore. Under a treasure that needs to be preserved over the Everglades was lost, Mrs. previous order of the House, the gen- rather than a simple swamp that need- Douglas refused to give up. She said, tleman from Michigan (Mr. CONYERS) is ed to be transformed. ‘‘It is not too late, or we would not be recognized for 5 minutes. I read today from the Washington working. We simply cannot let every- (Mr. CONYERS addressed the House. Post. ‘‘Environmentalist Marjory thing be destroyed. We cannot do that, His remarks will appear hereafter in Stoneman Douglas, the fiesty, tireless not if we want water. We have got to the Extensions of Remarks.) grande dame of the Florida Everglades take care of what we have,’’ Mrs. Doug- who led the fight to preserve her river las said in her 1990 interview. She led f of grass, died today. She was 108.’’ us in a valiant fight to preserve the Ev- The SPEAKER pro tempore. Under a Let me give a few quotes from people erglades. previous order of the House, the gen- who worked with her closely on the I am proud of the work. Speaker tleman from North Carolina (Mr. preservation of one of our most signifi- GINGRICH, Senator Dole, and others JONES) is recognized for 5 minutes. cant national treasures. ‘‘For many, have helped, and Senator CONNIE MACK, (Mr. JONES addressed the House. His Mrs. Douglas was more than an envi- in helping us achieve the largest Fed- remarks will appear hereafter in the ronmentalist. Joe Podgor, executive di- eral effort ever to preserve and protect Extensions of Remarks.) rector of the 5,000-member Friends of the Everglades. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3297 I was able to offer a $300 million ef- leadership of the Committee on the the congressional investigation proc- fort on behalf of our colleagues and all Budget and the leadership, Mr. Speak- ess. I am really concerned about what Floridians to preserve our most vital er, in the majority Republican Con- again has taken place. We saw action natural resource in Florida, which is ference, has chosen to attack native on the floor today. water, and our Everglades National Hawaiian health courtrooms is beyond This is a situation that is very seri- Park, which is a treasure for genera- me. ous. For the first time in the history of tions to come. The program addresses the docu- our Federal elections process, we have But it is obviously today more the mented needs of Hawaii’s native citi- seen an attempt to influence congres- work of Marjory Stoneman Douglas zens in a culturally relevant context. sional and presidential elections by that has brought us here today, both to Of all of the races of people in the is- foreign money, foreign resources in our honor her life, celebrate her presence, lands of Hawaii, the native Hawaiian campaign process. Now we see an at- eulogize a tribute to her, the preserva- people have had the most difficult tempt to close down that investigation. tion of something so vitally important times in health and social indicators. I have served on the Committee on to over 14 million Floridians and actu- Why it is a position of the Republican Government Reform and Oversight and ally the entire United States, the pres- majority to attack native Hawaiians is its predecessor since I came to Con- ervation, the lifeblood of Florida, the beyond my grasp at this time, Mr. gress in 1993. That is one of the most Everglades National Park. Speaker. important committees and responsibil- f They are hurting people in the lowest ities in this Congress. socioeconomic status with the highest It was founded and established by our ISSUES AFFECTING HAWAII overall mortality rate, the highest can- Founding Fathers for a purpose, be- The SPEAKER pro tempore. Under a cer mortality rate, the highest acci- cause they did not trust the appropri- previous order of the House, the gen- dent rate, the highest years of produc- ators, they did not trust the legisla- tleman from Hawaii (Mr. ABERCROMBIE) tive life lost to chronic disease, the tors, the authorizers; they wanted a is recognized for 5 minutes. highest infant mortality rate. I could third check and balance on the conduct Mr. ABERCROMBIE. Mr. Speaker, I go on with this, Mr. Speaker. It is a lit- and operation of our governmental sys- have in my hand the Asian American any that we are trying to overcome. tem. and Pacific Islander Journal of Health These grim statistics can be attrib- That is where the Committee on Gov- here from the autumn issue in 1993. It uted to the imposition of foreign cul- ernment Reform and Oversight got its addresses the health status of Kanaka tures and practices upon the native Ha- very roots and bearing. That is the dif- Maoli, the indigenous Hawaiians. It is waiian people. Only since the 1988 in- ference between our system of govern- written by my good friend Dr. Richard troduction of the native Hawaiian ments and other democratic system of Kekuni Blaisdell. health program have we begun to turn governments is that check and balance. In the process of reviewing this, Mr. these statistics around. We need the To close down that investigation, to Speaker, you will find that the purpose budget for it, and we have achieved a divert the attention on the chairman is is to summarize the current health sta- balanced Federal budget in the process. a misuse of power and responsibility in tus of the Kanaka Maoli, the indige- I voted consistently to achieve that this House of Representatives, and I nous Hawaiian people, with historical goal. take great offense to it. background, the underlying factors re- Mr. Speaker, I will end my remarks We have seen, again, unprecedented sponsible for the indigenous Hawaiian now, but will put forward the statistics amounts of money, and our committee health plight and recommendations. as well as the background on the pro- has been investigating. It may be too The principal findings, Mr. Speaker, posal to end these programs for native bad that it comes to the door of the are that the indigenous Hawaiians con- Hawaiians by the majority. I hope, Mr. White House, but it should be dis- tinue to have the worst health and so- Speaker, by the time we finish our closed. It should be investigated. It cioeconomic indicators of the various budget proposal that we will be able to cannot be shut down. ethnic groups who call their home Ha- reverse this proposal. When the other side says that they waii: cardiovascular disorders, cancer, f will close down the proceedings of the diabetes, obstructive lung diseases, House as far as investigation, when the maternal and infant ill health, alcohol DISTRACTIONS AND OBSTRUC- Department of Justice says we agree problems, obesity, major life-style risk TIONS IN CAMPAIGN FINANCE that we will grant immunity and allow factors, societal factors such as de- INVESTIGATION you to grant immunity for cooperation population, foreign transmigration, co- The SPEAKER pro tempore. Under a of these witnesses, and they try to di- lonial exploitation, cultural conflict previous order of the House, the gen- vert attention from that and block us and racism. tleman from Florida (Mr. MICA) is rec- from investigating, they have shut Since 1990, Mr. Speaker, as a result of ognized for 5 minutes. down this process. It is an affront to our native Hawaiian health programs Mr. MICA. Mr. Speaker, I come be- every Member of Congress. It should be funded here in the Congress and under fore the House this afternoon after the an affront to every citizen. It should be our auspices, native Hawaiian commu- proceedings that took place today. I affront to the media that they are try- nities have established five island-wide am really concerned about the process ing to divert, to stall, and obstruct this native Hawaiian health care systems to of the House of Representatives and its process. The process will go forward. improve availability, accessibility, and investigative ability. I happen to be the only Member of acceptability of health services to all Today we saw an attempt to be- the House that serves on both the Com- of the indigenous Hawaiian people, to smirch the reputation and interfere mittee on Government Reform and provide them with resources. with the congressional investigation of Oversight and also on the Committee The health status is a grim one, Mr. campaign financing abuses in the 1996 on House Oversight. It will come to one Speaker, and I have to bring to your election. Personally, I am quite dis- of those committees, or it will come to attention and to the rest of my col- turbed by what we saw take place. I the floor. This matter will be thor- leagues the important matters which think it backfired on the other side of oughly investigated as the Founding we have been addressing by congres- the aisle, and I think that they were Fathers intended and as our congres- sional action and are now com- surprised that some of their colleagues sional process and constitutional proc- promised. from the other side of the aisle joined ess require. The House Committee on the Budget with this side in voting down this un- We have seen, now, the influx of In- yesterday released a proposed budget precedented interference in the con- donesian money, Chinese money, Thai for the Federal Government for the gressional investigative process. money, Venezuelan money, Russian coming year. Mr. Speaker, I am sad- The issue is not the Chairman of the money, and convicted drug dealers’ dened, not just outraged, but saddened House Committee on Government Re- money into this process. In this proc- by the effort contained in that proposal form and Oversight; the issue is, in ess, the American people want to know to eliminate funding for the native Ha- fact, the delay, the diversion, the dis- the answers. Is this affecting our policy waiian health care programs. Why the traction, and the very obstruction of if our ports are given away? If we have H3298 CONGRESSIONAL RECORD — HOUSE May 14, 1998 imported Chinese weapons into this bacco settlements. If Congress is seri- These monies make life possible, country, killing Americans, who is re- ous about passing tobacco settlement bearable, and sometimes even deter- sponsible? If we have a major Chinese legislation this session, we need to act mine the quality of life in rural com- cigarette manufacturer influencing our in a measured and collaborative way. munities. That revenue also streams policy and contributing to our cam- Let me say, though, that I do not into the county, State and Federal tax paigns and influencing our elections? smoke and I do not encourage others to coffers, supporting education and Let it all hang out. smoke, and indeed, I support the ef- health care. I am personally offended by what forts to discourage our teenagers from The total income impact is also felt they have tried to do here today to our smoking. However, the decision to in terms of jobs. Over 108,650 North Chairman who has on every occasion smoke is one best left to mature Carolinians are tobacco farmers or are acted in an honorable fashion. I think adults, and even then, after careful employed in tobacco-related jobs. a disruption of this process is a shame consideration. Children should not Therefore, it is absolutely critical, as on this House of Representatives. smoke, nor should they be enticed to we continue the process from which a f smoke, and therefore, a public policy settlement will emerge, and it should discouraging them from smoking and go forward, that those who are in the ANNOUNCEMENT OF RULES having enforcement to make sure that House as well as those in the Senate COMMITTEE MEETING tobacco companies do not entice them should permit these hard-working (Mr. SOLOMON asked and was given is indeed appropriate. farmers to continue to earn an honest permission to address the House for 1 With regard to the pending tobacco living doing what they do best, farm- minute and to revise and extend his re- settlement, no matter how you feel ing, and sometimes, growing tobacco. marks.) about tobacco, one must view it for The public policy to restrain young Mr. SOLOMON. Mr. Speaker, the what it is; it is a legal commodity, people from smoking is an appropriate Committee on Rules is scheduled to grown by many American farmers. one. Equally as important, as we seek meet in 3 minutes today to consider a These North Carolina farmers, our this public policy, we should not have a rule providing general debate only for tobacco farmers, want the same thing public policy that brings great devasta- H.R. 3616, the Defense Authorization as other Americans: a good quality of tion on large numbers of unintended Bill for Fiscal Year 1999. life overall for them and their families, victims; and I submit to you, the rural We will meet at 3 o’clock next Tues- for their children to have a good edu- communities and farmers are unin- day to make in order other amend- cation, for them to have sufficient re- tended victims. ments to that legislation. The rule sources with which to provide their Mr. Speaker, these small farmers are that we will put out today will be for families with food, shelter and other essential to the continuation of agri- general debate only. amenities of life, saving for their re- culture in North Carolina and the vi- Mr. Speaker, additionally, unfortu- tirement, a secure environment in tality of our rural areas. nately, the minority leadership has de- which to live and to work, and most f importantly, hope for the future. cided to personally attack Members of ORIGINAL COSPONSORSHIP OF H.R. the majority side this morning on the These farmers, our tobacco farmers, care about their children as well as 3868, THE BIPARTISAN NO TO- House floor. Also, there has been a de- BACCO FOR KIDS ACT OF 1998 cision by the minority to oppose on about other children in their commu- two occasions immunity for four wit- nity, instilling in them the values of The SPEAKER pro tempore. Under a nesses which the Department of Jus- honesty, hard work and a sense of com- previous order of the House, the gen- tice approved before a House investiga- munity. tleman from California, Mr. BILBRAY, tive committee. Mr. Speaker, like other American is recognized five minutes. Due to these unfortunate cir- farmers, like those in your home State, Mr. BILBRAY. Mr. Speaker, I rise today to cumstances which the minority has these North Carolina farmers prepare express my strong support for H.R. 3868, the brought to the House floor, the Com- their land, till it carefully, plant their Bipartisan No Tobacco for Kids Act of 1998. mittee on Rules will add to its after- crops, tend their fields, harvest their This legislation, which was authored by my noon agenda the following measures: yields and market their products, colleagues, Representatives JAMES HANSEN H.Res. 432, expressing the sense of the much like commodities such as corn and MARTY MEEHAN, is aimed exclusively at House of Representatives concerning and wheat. preventing kids from smoking and reducing the President’s assertion of executive Tobacco is one of the main reasons the adverse health effects of tobacco on chil- privilege; and H.Res. 433, by myself, that many small farmers are still able dren. calling upon the President of the to stay in business, because no other According to the Centers for Disease Con- United States to urge full cooperation crop yields as much income per acre. trol (CDC), 3,000 kids each day become regu- by his former political appointees and Most of these farmers are unable to lar cigarette smokers. In light of recent statis- friends and their associates with con- find an alternative crop, although sev- tics that shows youth smoking on the rise, I gressional investigations. eral of them are seeking them. To find believe it is imperative that we act assertively Mr. Speaker, these measures will be an alternative crop with a comparative here in Congress to crack down on youth considered on the House floor next income indeed has eluded many. It smoking and access to tobacco. week under an appropriate rule. Since would take almost eight times more Before I came to Washington, D.C., I served the Democratic leadership has regret- acres of cotton, 15 times more acres of on the San Diego County Board of Super- tably decided to embroil the floor in corn, 20 times more acres of soybeans, visors and was responsible for passing one of this kind of partisan and personal at- and 30 times more acres of wheat to the most stringent anti-smoking ordinances in tacks, the House will consider resolu- equal the income from a single acre of the country. Because of my prior commitment tions next week which will bring some tobacco. to and involvement with this issue at the local The money earned by farmers and perspective to the current discussion of level, and the startling statistics that show those employed in tobacco-related ethics in Washington, D.C. youth smoking on the rise, I am only too glad businesses flows into their commu- to support H.R. 3868 as an original cosponsor. f nities, spreading these profits around. H.R. 3868 is the only anti-tobacco bill in Con- b 1500 It has been estimated that the agricul- gress (including the Senate) which has re- tural dollar turns over an average of 10 ceived the endorsement of former Surgeon TOBACCO FARMING IN AMERICA times in the farming local community. General C. Everett Koop and former Food and The SPEAKER pro tempore (Mr. Do the math: $7.7 billion, which is esti- Drug Administration (FDA) Commissioner MCKEON). Under a previous order of the mated as the income to our State, David Kessler. In fact, Koop and Kessler stat- House, the gentlewoman from North equals $77 billion. $77 billion flows from ed that other bills in both the House and Sen- Carolina (Mrs. CLAYTON) is recognized those citizens who sell the seeds, fer- ate do not go far enough to reduce and pre- for 5 minutes. tilizers, pesticides, farm machines, gro- vent youth smoking. Mrs. CLAYTON. Mr. Speaker, there ceries, clothing, as well as other impor- This legislation establishes strong financial has been much discussion about to- tant goods and services. disincentives for tobacco companies that do May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3299 not reduce tobacco consumption by minors by 60 minutes as the designee of the ma- lieve that government spending should specified target dates. It has the stated goal of jority leader. not be going up at all, let me just agree reducing tobacco use by children by 80 per- Mr. NEUMANN. Mr. Speaker, I rise with you. If I got to do this all by my- cent over the next ten years. This provision al- today to talk about a new budget that self, this green line would be down lows each tobacco manufacturer to determine has been introduced out here. There here, and we would not allow govern- the manner in which it will reach this manda- has been a lot of discussion recently ment spending to increase at all. tory goal. Federal requirements will apply only about the House budget, or the John So let me start by making it clear if the manufacturers are unable to achieve the Kasich budget as it is sometimes that this budget that we are talking reduction goals on their own. known in the House Committee on the about, the CATs budget, the Conserva- H.R. 3868 includes an increase of $1.50 per Budget. tion Action Team budget, allows gov- cigarette pack, which will provide a financial I am a member of that committee ernment spending to increase, but at a disincentive for youth tobacco consumption. In and I think JOHN KASICH has done a rate just slower than the rate of infla- addition, H.R. 3868 codifies the FDA provision tremendous job putting together a tion. from last summer's tobacco settlement that budget. But some of us don’t think we So when people talk about this Con- provides the FDA authority to regulate nicotine have done quite enough in terms of servation Action Team’s budget and as a drug or a drug delivery device. This pro- reeling in government spending and draconian cuts, we all ought to under- vision of the bill also contains added restric- getting this whole thing under control stand that what the CATs budget actu- tions on advertising and marketing to youth. out here, so that the American people ally does is hold the rate of growth of H.R. 3868 contains a provision to prohibit can keep more of their own money, so government to approximately the rate smoking in public buildings and facilities, and that Social Security can again be safe, of inflation. So when you talk about it authorizes funding for essential federal to- and again we can start paying down cuts in spending, there are no cuts in bacco education and prevention programs. In the Federal debt. spending. addition, the majority of the revenue generated So I rise today to talk about an al- Spending in the first year of the from this legislation will be used to pay down ternative budget called the CATs budg- CATs budget, the most conservative the federal debt. While H.R. 3868 does not et, or Conservation Action Team budg- budget out here, spending in the first provide any special liability protections for the et, that promotes a lot of visions that year will be approximately $1,720 bil- tobacco industry, it does offer to settle pend- are different. lion. That is a lot of money. In the sec- ing state tobacco lawsuits, such as the one re- Washington is truly an amazing place ond year it is going to be $1,749 billion. cently settled in Minnesota. when you start talking about budgets I am not going to read all the numbers. I believe that this legislation will help to cre- and numbers and things, because ev- But the point is the spending, even in ate an adequate ``firewall'' to protect public erything gets twisted immediately. It the Conservation Action Team’s budg- health and discourage and prevent youth to- amazes me to listen to people talk et, increases each and every year. So bacco smoking and possession. I feel very about how they are cutting spending in when the American people hear about strongly that we should not tolerate youth Washington, D.C. draconian budget cuts in Washington, smoking in our society with a ``wink and a I brought with me a chart today to they ought to understand the fallacy of nod.'' We should treat teenage smoking as show what happens in these different that discussion. harshly as we would teenage drinking. As the budget proposals that are being talked The reality is the most conservative father of two young children, I have a personal about out here. This black line on this budget proposed out here, that is the stake in passing this important legislation and chart shows inflationary increases in least government spending, allows gov- helping to ensure that our kids do not develop government spending. So if we allowed ernment spending to increase at ap- this deadly habit. Statistics by the American Washington or government spending to proximately the rate of inflation. The Journal of Public Health show that minors ille- increase at the rate of inflation, that is Senate proposal, well, that lets govern- gally purchase 256 million packs of cigarettes what this black line on this chart rep- ment spending go up much faster than each year. Our findings show that only 20 resents. the rate of inflation, and the Presi- states have laws prohibiting tobacco posses- The President made a budget pro- dent’s proposal, of course, that in- sion by minors. We need to encourage states posal, and it is very clear from this creases government spending even and localities to adopt and comply with strong that it allows government spending to more yet. anti-possession laws. The need for minor pos- go up much faster than the rate of in- So I start with this discussion about session laws is illustrated by a CDC finding flation. That is growing government. the CATs budget. It is the only budget that 62 percent of minors who smoke say they The United States Senate recently out here that holds the growth rate of buy their own cigarettes. In fact, I would sup- passed a budget, and again you can see Washington spending or government port legislative efforts to require states to out- that the Senate budget grows govern- under the rate of inflation. law tobacco possession by minors as a condi- ment, it allows government spending There are some other very unique tion of receiving federal funds. to increase faster than the rate of in- things about the CATs budget I would Mr. Speaker, my father died of lung cancer flation. like to talk about. There has been at the age of 53 due to his smoking habit. All The American people have a right to much discussion, and I am going to three of my brothers smoke. There is little I know that on the other side of the aisle spend part of this hour today talking can do to change that; however, I can do they are going to call this a spending in more depth about Social Security. something to prevent my five children from cut because, you see, since the Senate There has been much discussion starting to smoke. H.R. 3868 accomplishes budget did not spend as much as the about the problem with Social Secu- these goals. Congress cannot afford to sit idly President’s proposal, they are going to rity. The President of the United by and do nothing while thousands of children call this distance from here to here a States, Mr. Speaker, Saturday right in pick up their first cigarette every day and ‘‘cut,’’ even though the inflationary in- that chair, and he put his fist on the begin this deadly habit. crease in government spending is down table and said, Social Security first; I commend Representatives HANSEN and here at this black line and the Senate Social Security must be protected for MEEHAN for initiating this legislation, and I urge proposal increases spending much fast- our senior citizens. Well, I brought a my colleagues to cosponsor H.R. 3868, and er than the rate of inflation. chart along to show which budget real- build upon the bipartisan coalition of Members Some of us out here thought that ly protects Social Security for our sen- committed to preventing and reducing youth government spending should not in- ior citizens. smoking. crease faster than the family budget or The President’s proposal has a very f faster than the rate of inflation, so we limited amount of money set aside to put together our own budget. Our budg- protect and preserve Social Security. THE CONSERVATION ACTION TEAM et allows government spending to in- The Senate did slightly better than the BUDGET FOR AMERICA crease not quite at the rate of infla- President, setting some money aside to The SPEAKER pro tempore. Under tion, just a little bit slower than the preserve and protect Social Security. the Speaker’s announced policy of Jan- rate of inflation. The CATs budget sets more money uary 7, 1997, the gentleman from Wis- For all of my colleagues out there aside to protect Social Security than consin (Mr. NEUMANN) is recognized for and all the viewers out there that be- any other proposal out here. H3300 CONGRESSIONAL RECORD — HOUSE May 14, 1998 The CATs budget holds the increase ferent than any other proposal here in posal out here either freezes it at last in government spending to the rate of Washington as it relates to defense. year’s level or decreases defense spend- inflation, and it puts more money aside You need to understand Washington ing significantly. I think we have for Social Security than any of the language to understand this defense reached a point in our defense spending other proposals. Again, the President’s discussion. In Washington, when the where we need to wake up and realize proposal puts this much money aside President proposes cutting defense, that this is a dangerous world we live for Social Security, the Senate puts that is, we are spending $260 billion in and we need to maintain our ability this much, and the CATs budget, the this year, and he proposes taking that to defend ourselves in this country. Conservation Action Team’s budget, number down to $250 next year, and I want to just go on from there and puts more money aside for preserving then Congress comes back and actually talk a little bit more about the Social Social Security than any of the other spends 260, so they spent 260 last year, Security situation. proposals out here. they are spending 260 this year, but the The Social Security situation, re- The next important feature of the President proposed cutting that spend- member, the CATs budget puts more CATs budget that sets it apart from all ing to 250, that is called in Washington money aside for Social Security than the rest of the budgets. We recognize a $10 billion increase. any other proposal on the Hill. I want that the tax burden on American citi- Let me walk through that one more to talk through Social Security in de- zens is too high. Since the CATs budget time slowly, because it is confusing. tail so that the viewers understand this spends less money, it allows spending If we spent 260 last year and we spend debate that is going on here about So- to grow only at the rate of inflation, 260 billion again this year, the exact cial Security, because in this commu- instead of faster than the rate of infla- same amount, but the President pro- nity, what they talk about here and tion, that allows us to decrease taxes posed spending 250 instead of 260, that what they say and what it actually on the American workers. 260 is called a $10 billion increase in de- means out in the real world are gen- Today the American workers are fense spending. erally two very different things. So let paying $37 out of every $100 they earn Okay. This has been going on for me go through Social Security. in taxes. A generation ago that number quite some time, and there are some The Social Security system this year was $25. I would like someone to help problems, quite frankly, in the defense is going to collect about $480 billion in me understand why it is that the gov- budget. There are $75 hammers that taxes, out of workers’ paychecks. They ernment needs $37 out of every $100 people have heard about. Frankly, are bringing $480 billion into this city that American workers earn to run there is some waste there. The people from Social Security taxes. We are government at various levels, State, who bought the $75 hammers ought to paying out to our senior citizens in local, Federal, property taxes and so be fired, but that is not a reason to de- benefits, we are paying out in benefits on. stroy our ability to defend ourselves as about $382 billion. Now, if we are col- So the CATs budget looks at this and a Nation. lecting $480 billion and paying $382 out says the tax burden on American work- in benefits, that leaves a $98 billion b 1515 ers is too high. We want to bring down surplus in Social Security. that tax burden on American workers. That is the wrong solution to the So let me be very clear about this. The President’s budget proposes very problems. Our budget allows defensive The Social Security system today col- minimal tax reductions. As matter of spending or spending for the Defense lects more money than what it pays fact, some out here would say it is Department to increase at the rate of back out to our senior citizens in bene- zero. inflation. Let me say that once more fits. The reason they are doing that is The Senate also proposed very mini- very slowly. Like the rest of the CATs because the baby boom generation, mal tax reductions on American work- budget, defense spending increases at people in my age, and as I look around ers. The CATs budget, the Conserva- the rate of inflation. the people here in the House with me tion Action Team, provides $150 billion Now, what is going to happen in this today, people in our age group are rap- of tax relief to American workers. is over the next few weeks there will be idly racing toward retirement, and Now, this should be kept in perspec- a lot of people in Washington D.C. say- there are lots of us. They are collecting tive. We are going to spend over 9,000 ing they are spending lots more money more money than they are paying back billions of dollars. So when we talk on defense. Well, for the last number of out in benefits, and their surplus is about returning or allowing the Amer- years, a lot of years, defense spending supposed to be set aside so when us ican people to keep an extra $150 bil- has been frozen. In fact, we spent less baby boom generation people, lots of lion of their own, we should understand money on defense last year than my us, reach retirement and there is too that is 150 out of over 9,000 billions of first year in office back in 1995. much money going out and not enough dollars. It is just a tiny little bit of I think it is time we look around the money coming in, at that point they what is being taken from the American world and we see what is going on. are supposed to go to the savings ac- people in taxes already. India had nuclear tests. We understand count. They are supposed to take this So the next important feature then Pakistan may have nuclear tests this $98 billion that is supposedly put in a that sets the CATs budget aside from weekend. China has been given the savings account, get the money out of any other proposal out here right now technology to launch an interconti- the savings account, and be able to is the tax relief provided to the Amer- nental missile at the United States and make good on Social Security to to- ican people is significantly larger than get it to reach the United States. It is morrow’s seniors. the President’s proposal, a lot larger time we as a Nation wake up to the The year that these two numbers than the Senate proposal; it is the fact that we ought to have a missile de- turn around is about 2012. So in about most tax relief being proposed out here fense system prepared to defend our 2012, if we had this chart up here, the in Washington, D.C., today. It holds country. amount of money coming in compared government spending increases to the It is time we wake up to the fact that to the amount of money going out, the rate of inflation, no draconian cuts, our defense budget has been cut far amount of money coming in would be sets more money aside for Social Secu- enough. And we are not suggesting dra- less than the amount of money going rity, and provides more tax relief to matic increases in defense spending, we out, and that is the year that they the American people than any other are simply saying we have gone far have to go to that savings account to proposal on the Hill. enough with these cuts in defense, let get the money. I have a chart with a lot of numbers us now level this thing off and allow It is important to understand what on it, but rather than talk about all of defense spending to increase at the rate Washington is doing with that $98 bil- those numbers, I thought I would point of inflation. lion. It comes as no great surprise out a couple of the key numbers. I point that out in our CATs budget, when I am in town hall meetings with The tax relief number is $150 billion because it is the only budget on the my constituents and we talk about being proposed in the CATs proposal. Hill, the only proposal in Washington this. I always ask them the question: Defense is another important area, and D.C. that allows inflationary increases Washington got $98 billion more in So- I have to tell you this proposal is dif- in defense spending. Every other pro- cial Security than what they paid out May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3301 in benefits; what do you suppose they lars into the Social Security Trust to see the parents and the schools and did with the money? And everybody Fund so that Social Security is safe the teachers and the communities says, they spent it. That is exactly and secure for today’s seniors. making decisions on how to best spend right. I see some young people here in the that money. The benefit here, the real Washington has taken that $98 bil- gallery with us today, and my col- benefit, is that instead of 60 cents get- lion, they put it into, think of the sec- leagues are concerned about the people ting to the classroom to help our kids, ond circle as a big government check- in those age groups as well. My col- 95 cents of every dollar gets to them. It book much like your own checkbook in leagues are concerned that even if we effectively wipes out the huge bureauc- your own home. They take that extra put all of this money into the trust racy that is eating up the money that money, put it in the big government fund that is supposed to be there, we is supposed to be going to help our kids checkbook, they then spend all of the still have a problem that in the year in education. money out of that government check- 2029, all of those surpluses in Social Se- I personally think it is disgraceful book and at the end of the year there is curity would be used up. So even if we that America has let our kids slip to nothing left in that government check- put all of the money into the trust 21st in the world. I think when we start book, so they simply write an IOU. It is fund that we are supposed to, that thinking ahead to future years, if we simply like you are going to have a solves the problem from 2012 to 2029, want a goal for the next generation, it savings account, but rather than actu- but we still have that longer term should be that we should restore our ally writing a check, you simply write problem out there past the year 2029 kids to be the best educated kids in the an IOU to the account at the end of the that needs to be dealt with. entire world. I do not want to get them year. Remember, folks, at the year The first thing we need to do as a Na- back in the top 10 or even the top 5. 2012, we need the money out of that tion when we look at these surpluses is Our goal needs to be to get our kids to savings account. We need those IOUs in we first have to enact a bill, the Social be the best educated kids in the whole the year 2012. Security Preservation Act, that will world. We have been going about that Now, we have reached this point out put the money that is coming in from all wrong. here where we are running these ‘‘sur- Social Security into the Social Secu- What we have been doing so far is we pluses.’’ It is important the American rity Trust Fund. We will then be look- have been saying, if we just expand people understand what this surplus ing at true surpluses as opposed to Washington control, Washington can actually is. In all fairness, before I go Washington-defined surpluses. Again, I fix it; honest, trust us, Washington can into this, we should point out that this do not think we should take anything fix education. Folks, we have slid down is the same definition that has been away from the accomplishments of the to 21st. Washington cannot fix edu- used since 1969. That ‘‘surplus’’ is in last 3 years, because before this, it has cation. Parents need to get actively in- this circle right over here. That ‘‘sur- been 30 years since we even got this far volved in the choice of where their kids plus’’ is after we put the $98 billion in in terms of balancing the budget. go to school, what they are taught in the big government checkbook, if they We are now ready to go on to that those schools, and how it is taught, be- spent all of the money out of the big next step, and put the Social Security cause when we get parents back into government checkbook and there was money into the Social Security Trust the picture of education, we have a lot no money left at the end of the year, Fund and get to a point where Social of side benefits, the most important of they would call that a balanced budget, Security is once again solvent, at least which is that our kids will rapidly even though they have not written a from 2012 to 2018. move back to the top in terms of being check down here to the Social Security I would like to go on with another the best educated kids in the world. I Trust Fund. So when we talk about part of the CATs budget and just talk believe the most important thing we surpluses, what it means is with that a little bit more about what the CATs can do is reempower our parents to be $98 billion in the big government budget does. Again, I would reempha- actively involved in the education checkbook, when they are looking at size as it relates to Social Security, as process of our kids. the book at the end of the year, with- it relates to Social Security, it puts I would like to just talk briefly about out writing the check to the Social Se- more money into the Social Security those side benefits, because I think curity Trust Fund that there is some Trust Fund in real dollars, not IOUs. It when we look at goals for a generation, money somehow left in this checkbook. puts more money into the Social Secu- I think it is real important that those Well, the bottom line on this thing, rity Trust Fund than any other pro- benefits get mentioned. When parents folks, is that the surplus is real, as de- posal out here in Washington, D.C. get more involved with their kids, an fined in Washington terms, but most I would like to talk about another interesting thing happens. We looked people in most places across America part of this budget that I think is very at 12,000 teenagers, 12,000, a huge num- would say we better write a check significant and very important, and ber, and of course, if we look at 12,000 down here to the pension fund or Social that is as it relates to education. In the teenagers, some are going to have Security fund before we really call our CATs budget, we make the requirement crime problems, drug problems, teen checkbook balanced. that 95 cents out of every dollar that is pregnancy, teen smoking, and some are For that reason, in our office we spent on education actually reaches not going to have any of those prob- wrote a bill called the Social Security the classroom to help kids. lems. Preservation Act. It is H.R. 857. We Now, that may sound like common What they did is they started looking have about 90 cosponsors, some Demo- sense, but that is not what happens at the ones with crime problems versus crats, some Republicans, currently in today. Today, Washington makes a de- the ones that have not been involved the House of Representatives. The So- cision to reach into the pockets of the with crime, and then they looked at cial Security Preservation Act is pret- American people and collect tax dol- the ones with drug problems and the ty straightforward. It simply takes the lars under the mistaken idea that it is ones without, and then they looked at $98 billion extra that has been collected going to spend it on education. So teen pregnancies and where there is for Social Security and puts it right Washington reaches into the pockets of not teen pregnancies, and teen smok- down here in the Social Security Trust the American people and brings the ing and where there is not teen smok- Fund. It is not exactly Einstein kind of money to Washington. They then spend ing; and they started looking at the stuff, it is just the money coming in 40 cents on every dollar on bureauc- characteristics in these homes where from Social Security actually goes into racy. Washington then attaches strings there were no teen pregnancies or teen the Social Security Trust Fund. The to it and sends 60 cents back to the smoking, teenage crimes or teenage way we do that is instead of putting classroom under the requirements of drug use, and something became very IOUs in there, we put negotiable Treas- whatever Washington deems appro- obvious very quickly. The single most ury bonds, the same kind that any citi- priate. That is not good. important characteristic of the homes zen in America can walk down to their What we would like to see instead is where they did not have problems with local bank and get. we would like to see that money back these things versus the homes where So the Social Security Preservation in the pockets of the local parents, the they did, the single most important Act would require that we put real dol- local communities, and we would like characteristic was the involvement of H3302 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the parent with that child’s, with that years after the tax increase, this red how many people own stocks, bonds, teenager’s life. The greater the in- line shows where the deficit was headed mutual funds, et cetera. Almost every volvement of the parent, the less the the year I came here. Remember, this hand in the room goes up. likeliness of crime, drugs, teen smok- includes using the Social Security When the tax increase took place in ing, teen pregnancies, a whole list of money, as we talked about before. This 1993, the stock market basically did social problems. yellow line shows where we were 1 year not respond. There is virtually no So when we start looking at this edu- later, 1 year after the House changed change in that stock market from cation situation, if we can reempower control. The green line shows what we there right straight through to 1995. our parents to be actively involved in hope to do. That was our promise to But in 1995 when the American people what the kids are taught, where it is the American people. The blue line, got to understand that we were serious taught and how it is taught, that extra now at balance, shows what actually about stopping this growth of Washing- involvement in these teenagers’ lives is happened. ton spending, and understand the going to have a tremendous side bene- So when we talk about tax increasess growth of Washington spending, when fit, helping us solve crime problems, versus controlling Washington spend- you control that by spending less, by drug problems, teen pregnancies, teen ing, when we talk about the 1993 group only allowing it to increase at the rate smoking, a whole realm of social raising taxes, that did not get the job of inflation, that means there is more issues. done. When we talk about 1995 control- money left in the private sector; more I do not want to be considered naive ling spending, that led to the strong money in the private sector, lower in- in this. I do not want to believe that economy and got the job done. terest rates; capital available for just because we reempower our par- There are some other very interest- growth and development, expansion, to ents, there is not going to be any more ing statistics. To me, Americans under- buy houses, buy cars, then that is job crime in America. There are certainly stand that raising taxes is not the opportunities. That means more people other things that we must do. But I do right way to solve our problems. This working, and of course, more taxes believe that an important first step is chart shows the interest rate fluctua- being paid in, which makes it all easier improving education back to number tion starting in 1993, when taxes were to do. one in the world and empowering the raised, and I would point out that from The stock market responded very parents to be the number one influence 1993 virtually right straight through to quickly then. Basically since that 1995 in these kids’ lives. 1995, interest rates climbed. So in the takeover and since we got spending, It leads us right back to the CATs face of higher taxes, the interest rates got our arms around spending here, and budget. When we think about parents immediately went up. just controlled it to a point where it is being forced to pay $37 out of every $100 That makes sense, because when they only going up at the rate of inflation, they earn instead of $26 like it was a take more tax money out here to the stock market has also taken off in generation ago, what is happening in Washington, that means there is less a corresponding way. I think the sta- America is parents are being forced to money available in the private sector; tistical facts, looking at this, make it take second and third jobs, and when less money available in the private sec- pretty clear what has been going on. they take second and third jobs, it is tor led to this higher interest rates. I see my colleague, the gentleman exactly the opposite result of what we When there was a change out here in from Minnesota (Mr. GUTKNECHT) has want. To earn that extra $12 that gov- Washington and the Republicans took joined me. Mr. Speaker, I yield the bal- ernment is collecting in taxes, that over in 1995, the interest rates started ance of my time to the gentleman from second job and third job, that means dropping. Minnesota (Mr. GUTKNECHT). that the parents’ time to spend with The reason was because we started f their kids is cut back dramatically. getting a handle on controlling the CUTTING THE GROWTH OF So when we come back to that CATs growth of Washington spending. Re- WASHINGTON SPENDING budget and we think about relieving member, keep this in the context of some of the tax burden on American what we have been talking about Mr. SPEAKER pro tempore (Mr. workers, it is not going to automati- today. Instead of spending growing at MCKEON). Under the Speaker’s an- cally mean that the parents are going twice the rate of inflation, spending is nounced policy of January 7, 1997, the to go spend more time with the kids, now going up at the rate of inflation; gentleman from Minnesota (Mr. GUT- but what it is going to mean is that in- no draconian cuts, inflationary in- KNECHT) is recognized for the balance of stead of being forced to take the second creases in spending. Instead of twice as the time of the gentleman from Wis- job, at least they will have the oppor- fast as the rate of inflation, what hap- consin (Mr. NEUMANN). tunity to make the decision to spend pened immediately is the interest rates Mr. GUTKNECHT. Mr. Speaker, as that extra time with their kids, and started falling. the gentleman from Wisconsin (Mr. that is what is going to lead us to solu- It is interesting to look at this point NEUMANN) runs out the door, I want to tions to so many of our problems in where they reached their low level. say a special congratulations and this great Nation that we live in. That was January, 1996. To refresh the thanks to my colleague. I want to finish very briefly with a memory of anybody who does not re- I remember a couple of years ago very brief discussion about how we got member what happened in January of when we first started having some to where we are, because there has 1996, that is when we folded. The Amer- joint town hall meetings. I represent been a lot of discussion in this country, ican people starting doubting that we Minnesota, he represents Wisconsin. and of course all the Democrats say it would keep our commitment to actu- When we first started talking about ac- was President Clinton and all the Re- ally balance the budget. The interest tually balancing the budget, and more publicans say, well, of course it was the rates responded immediately with a importantly, even paying down some of Republican House and the Republican spike. the $5.4 trillion worth of debt that we Senate that did it. I thought that rath- They then thought we were serious have run up, that this Congress in the er than have that discussion, I thought again, and Members can see that as we past, at least, has run up on our kids, we should just lay out some statistical have now reached the balanced budget a lot of people thought we were both facts and let the people draw their own out here in March of 1998, the far side crazy. We said that we believed we conclusions. of the chart, it is very, very clear what could balance the budget not just in 7 has happened with the interest rates. years, that it could actually be done in b 1530 By getting to a balanced budget, we much less time. When I came here in 1995, it was 2 have seen the interest rates come down As a matter of fact, the gentleman years after that tax increase. A lot of from a high here to where they were from Wisconsin (Mr. NEUMANN) came people are saying that 1993 tax increase today, almost a twofold percentage over to my district last year, we had a is what has brought us this strong point drop. couple of joint appearances, and then economy. But it is not only the interest rates. we both predicted that there was a I would like to bring just a few of the An amazing thing happens when I am very good chance we would not only facts here. When I came here in 1995, 2 in town hall meetings nowadays. I ask balance the budget this year, but there May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3303 is a very good chance we would have a economy has been much stronger than tire budget process so we have an hon- surplus this year. even some of the most optimistic prog- est and fair budget accounting. How has that happened, I know many nosticators told us a few years ago. So even though we will show a sur- of our colleagues and folks ask who So when we combine a much stronger plus this year technically, we will still have been watching this discussion economy with real restraint in Federal be borrowing about $100 billion this here in this special order this after- spending, what we see today for the year from the Social Security trust noon. It is important, sometimes, to go first time since I was in high school is fund. We have to solve that and at back to where we were. The charts the not only a budget that is going to be in least be aware of that. gentleman from Wisconsin (Mr. NEU- balance, but more important than that, I want to say a special congratula- MANN) was showing a few minutes ago a budget which will probably produce a tions to the gentleman from Ohio (Mr. showed what was happening for the significant surplus, we believe some- JOHN KASICH). No one has fought hard- last 30 years. where in the area of $80 billion this er in this Congress over the last 5 or 6 I had my staff do a little analysis. year, and also has a very good chance years to balance the Federal budget to For the last 30 years, prior to the 1994 of producing surpluses in the $80 to $100 get control of the Federal spending elections, for every dollar Washington billion range every year for a number that that farmer talked about than the took in it spent an average of $1.22. of years to come. gentleman from Ohio (Mr. KASICH). That was the pattern for every year. That is where we were back through- I also want to congratulate him, be- They could raise taxes, sometimes they out the sixties, the seventies, the cause as a member of the Committee would cut taxes, but the problem was eighties. For every dollar that Wash- on the Budget, we have been working spending. ington took in, it spent $1.21. Now that long and hard over the last several In fact, a farmer in my district per- number is actually 99 cents. For every months trying to come up with a budg- haps put it better than anybody else dollar Washington will take in this et plan, number one, which will ad- when we were talking one afternoon year, we will spend 99 cents. vance the values that I think most out on his farm. He said to me, the We still have a lot of problems. One Americans have and want. That is, problem is not that we do not send of them is Social Security. I know the they want us to pay down some of that enough money in to Washington. The gentleman from Wisconsin (Mr. NEU- national debt, they want to save Social problem is that Washington spends it MANN) has talked a lot about this. I am Security, they would like to shrink the faster than we can send it in. He was not certain if he got a chance to talk size of the Federal Government to exactly right. That is what had been about it earlier. We do have a signifi- allow for additional tax relief. happening for the last 30 years. cant problem with Social Security. It That is exactly what the gentleman For the first time in 1995, with the really is generational. from Ohio (Mr. KASICH) and the Repub- leadership of the gentleman from Ohio I think we need to talk about lican members of the Committee on (Mr. JOHN KASICH) and the Committee generational fairness, when we talk the Budget have been working on, and on the Budget, they came out with a about Social Security. Most of us have within the next week or 10 days we are plan to dramatically change the way parents, and I am fortunate that both going to be unveiling that plan, hope- Washington does business. In the proc- my parents are still living. They are fully have it here on the House floor. ess, we have eliminated 300 different both on Medicare, both on Social Secu- Essentially what the gentleman from programs here at the Federal level; rity. Obviously, the last thing we want Ohio (Mr. KASICH) and the Committee some of them big ones that people have to do is pull the rug out from under on the Budget are talking about is re- heard of, like the Interstate Commerce them. stricting the rate of growth in Federal Commission, and many small ones. But I happen to represent the baby spending over the next 5 years to the the point is, we began to change the boomers. I was born in 1951. We once inflation rate. whole tenor, the whole debate, the had a demographer tell us there were I know when that budget hits the whole discussion, and the whole prin- more babies born in 1951 than any other floor there are going to be people who ciples that were at stake here in Wash- year. We are the peak of the baby are going to say, oh, my goodness, you ington began to change. boomers. I understand the con- cannot restrict the rate of growth in In the process, we have reduced the sequences to the Social Security trust Federal spending to the inflation rate. rate of growth in Federal spending. fund when the baby boomers begin to But ultimately they are going to have Now, some people said we were making retire in about the year 2010. to ask themselves this question. They draconian cuts, that kids would lose I also have three children, and I want are going to have to choose between their school lunches, all of these ter- to make certain that we do not do family budgets and the Federal budget; rible things would happen to our senior things with our generation that would why is it more important that the Fed- citizens. make it impossible for the next genera- eral budget grow at greater than the Most of that was hyperbole and is not tion to enjoy anywhere near the stand- inflation rate when many family budg- true, but it is true that this Congress ard of living that we have enjoyed. So ets are not? has dramatically reduced the rate of we really have three separate genera- If we can do that, if we can exercise growth in Federal spending. As a mat- tions we have to deal with with Social even that fiscal discipline to find an ter of fact, we have cut the rate of Security. additional $100 billion, this does re- growth in Federal spending almost in When we talk about Social Security, quire some cuts in terms of what peo- half. and one of the things as it relates to ple had expected to spend in some of When we combine that with a much the budget, currently we are taking in these programs. But generally speak- stronger than expected economy, and I about $100 billion a year more than we ing, as I say, we are going to allow Fed- must say, again, that my colleague, are spending on Social Security. We eral spending to grow at approximately the gentleman from Wisconsin, as a should have a trust fund, there is a the rate of inflation over the next 5 former entrepreneur and trust fund, but what happens is the years. businessperson himself, understood money comes into the trust fund and In doing so, we will generate signifi- that if there were some signals going then is loaned back to the Federal Gov- cant surpluses in our opinion, and more out both to Wall Street and to Main ernment. In the process, it disguises important, we will make room for sig- Street, that for the first time in 30 the size of the debt. That started back nificant tax relief. The tax I want to years Congress was serious about re- in about 1964. talk about that we hope that we will ducing that $1.22 of spending for every Some of us would argue that it was a include in the final budget resolution, dollar it takes in; that that message mistake to go to the unified budget and at least as a recommendation to our would be translated into the lower in- use the surpluses in Social Security to colleagues here in the House, will be terest rates that folks on Wall Street make the budget deficit look smaller. for the marriage penalty tax. and folks on Main Street would under- But that is the way it is, that is the I believe my numbers are correct. stand, that for the first time Congress way it has been. I think at some point There are approximately 12 million was serious about controlling Federal in the future, hopefully in the near fu- American families who pay a tax pen- spending. The net has been that the ture, we will begin to change that en- alty for the privilege or the right or H3304 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the blessing, if you will, of being mar- pay down the debt and ultimately, by that they understand these are not dra- ried. sticking to a very simple formula of conian cuts we are going to be talking I like to tell the story that in less limiting the growth of the Federal about. We are actually talking about than a month my wife and I will cele- budget to approximately the inflation limiting the growth in Federal spend- brate our 26th wedding anniversary. I rate, we can provide additional funds ing over the next five years to the ex- steal this story from Senator PHIL for tax relief. We can make Social Se- pected inflation rate. It can be done. In GRAMM over in the Senate side, one of curity solvent. But here is the best fact, if you compare what we are talk- our colleagues over there, who says he news of all, we can pay off the national ing about to what has happened in cor- has been married a long time. He be- debt. We can pay off the national debt porate America over the last 5 years, lieves his wife still loves him, but says, in approximately 21 years. That may these are very modest decisions that I wish the IRS would stop tempting my seem simple and it may seem almost we are making today. And the budget wife to leave me. too hard to believe, but we have run proposal that we will bring to the floor It is almost unconscionable, and the numbers and they are accurate. of the House here in the next week or frankly, I think it is almost immoral Now, I talked earlier about the 10 days is incredibly modest and some that the Federal Government charges generational fairness and being fair to might even say timid. But if you begin married couples a higher tax rate, so our senior citizens. Certainly we do not to make the right decisions, as we did that approximately 12 million Amer- want to pull the rug out from under 3 years ago, in terms of balancing the ican families pay a tax penalty of al- them as it relates to Medicare or So- budget, limiting the growth in Federal most $2,000 per family for being mar- cial Security. We also understand what spending, eliminating 300 different pro- ried. We ought to encourage stronger the baby boom generation is going to grams, taking other programs and fig- marriages, not discourage them. mean in terms of its retirement, what uring out ways to make them run more Here in Washington one of my favor- is going to happen when we begin to efficiently, ultimately there are big ite expressions, and altogether too draw on those Medicare benefits. What dividends for the American people and often it is true, is that no good deed we really want to do, though, is pre- ultimately for the next generation of goes unpunished. In other words, if you serve the American dream for future Americans. work, you get punished; if you save, generations. I cannot think of any- I want to congratulate the gentleman you get punished; if you create jobs, thing better to leave our kids than a from Wisconsin (Mr. NEUMANN) and the you get punished. That is the kind of debt free future. gentleman from Ohio (Mr. KASICH), thinking that really has occupied I think if the American people have a members of the Committee on the Washington for too long. What we are chance to think about this, I think Budget. We have come a long way. We saying is that it is time to reverse they are going to agree that the time have made tremendous progress in some of those perverse incentives. has come to dream big dreams. There terms of balancing the budget, reform- Clearly the marriage penalty tax is one was an architect from Chicago who ing welfare, saving Medicare. We still of those. said, make no small plans. The Amer- have a lot to do. We have got to make Our estimates are that to get rid of ican people have always made big Social Security not only solvent for the marriage penalty tax, it would plans. We are a people of big dreams. our parents and for the baby boomers, take about $100 billion over the next 5 In fact, Winston Churchill once ob- but we need to create an entirely new years, which, coincidentally, if we served, when he was talking about the retirement system for the younger gen- limit the growth in Federal spending to American people, he said, you did not eration. the inflation rate over the next 5 years, cross the oceans, fjord the streams, Among those options that we are frees up enough money to make that traverse the streams and deal with the looking at, and I think deserve very se- tax penalty go away. droughts and pestilence because you rious consideration, is the notion of were made of sugar candy. The Amer- personalized retirement accounts. Per- b 1545 ican people are a tough people. They haps we can use some of those budget I think that is a good idea. I think believe in big dreams. They believe in surpluses to make every American that is an idea that once the American paying down the debt. stakeholders in a brighter future and people have a chance to evaluate that, Out where I come from in farm coun- in their own retirement system using to understand it, I think they will try, it is almost the American dream personalized retirement accounts. For agree that it is time to end the mar- to pay off the mortgage and leave our example, if we have a $50 billion sur- riage penalty tax and, if we can make kids the farm. It is unfortunate, if you plus and we divide it up among ap- the Federal Government go on just a stop and think about it, what we have proximately 100 million taxpayers, we slight diet over the next five years and, been doing here in the United States, could put $500 in everybody’s personal- to put this in context, over the next particularly here in Washington over ized retirement account. That is every five years it is estimated that the Fed- the last 30 or 40 years. They literally American who pays taxes. And they eral Government will spend about $9 have been selling off the farm and leav- could also contribute to that for them- trillion, that is with a ‘‘T’’ now, $9 tril- ing our kids the mortgage. That is selves. Ultimately this becomes a prof- lion, that is how much we are expected worse than just bad politics. It is worse it sharing plan for the surplus. It en- to spend under the budget agreement than just bad economics. It is fun- courages all Americans to take an ac- that we set with the President last Au- damentally immoral. tive role in their government, to make gust 5. So what we are saying is, if Washing- certain that we do not have wasteful What the Committee on the Budget ton can find a way, if we in Congress spending and that we keep control of is going to ask all Members of Congress can take that 9-foot-long belt and if we Federal spending so that ultimately we to do is to tighten the Federal budget can pull it in just one notch, one inch, have larger and larger surpluses, which by $100 billion. To put that in some we cannot only balance the budget, we then, portions of which could be dis- kind of a context that perhaps we can can actually begin to pay down the na- tributed back to the American people understand better, let us assume the tional debt, and we can make room for through these personalized retirement Federal Government has a belt that is tax relief for working families. We can accounts. 9 feet around, in other words, the make it easier so that they can take It is an idea whose time is coming, waste, the girth of the Federal budget care of their kids and their families by and we are going to have some inter- is 9 feet or $9 trillion. What we are eliminating the marriage penalty tax. esting debate and discussion on that. I going to ask our colleagues to do is That is a big dream. That is a big goal. think ultimately a growing consensus find a way to pull that belt in one inch. But Americans love big dreams and big will agree that that is one way that We are going to pull that belt in one goals, and I think that this Congress is you can save the next generation in notch. up to that task. terms of their own retirement. So, as I If we can do that, we can eliminate I think we can get it done. It is going say, we have made enormous progress. the marriage penalty tax, we can cre- to take the help of the American peo- I am very pleased with the work we ate greater surpluses to make Social ple. I think we have to help. We have to have done. I think if you consider Security more solvent. We can begin to explain it to the American people so where we were few years ago, it is May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3305 amazing to look now at the American sure the trust fund is in fact secure, Mr. GUTKNECHT. I appreciate the people and say, yes, we have a balanced that the dollars are not going to be gentleman. And the whole issue of budget, at least using the accounting there to pay out. taxes, I know this sometimes drives terms that we have had since 1964. Finally, to give back to the Amer- some of our more liberal colleagues There is much more to be done ican people a little bit more of what into orbit when you talk about tax re- though. We have to save Social Secu- they earn. I think that the budget that lief, allowing people to keep more of rity. We have to further strengthen the gentleman from Wisconsin has been their own money. Sometimes we have Medicare. We have to create personal- working on, and you and others, starts to look at that from an historical per- ized retirement accounts for young moving us in that direction. I wanted spective as well. people, and we have to create a system to credit you with the work that is Back when I was growing up, my par- and almost an ethic here in Washing- under way to address, again, the long- ents were able to raise 3 boys on one ton that makes it sure that we do not term problem in this country; that is, paycheck. The reason they could do have deficits anymore, that we are al- that Washington has a tendency, if that is the average family sent only ways working trying to figure out ways there are any dollars around, they are about 4 percent of their gross income to guarantee that we have surpluses. going to get spent. We want to make to the Federal Government in the form That will guarantee lower interest sure that the American people are get- of taxes. Today the average family, rates so that more Americans can af- ting a good return on their taxes. when you put total taxes, now we are ford homes and cars. It ensures a Furthermore, as we look down the talking State, Federal and local taxes, stronger economy so that more people road at what we can do to deliver tax altogether, the average family spends who perhaps were on welfare, who were relief and to give people in this country over 38 percent of their gross income on those welfare rolls can move on to a little bit more, allow them to keep on taxes. payrolls. That is really the goal, and so more of what they earn and make their I think most Americans are shocked we can all have a brighter future and a budgets bigger and the Federal budget when they learn that the average fam- better future for the next generation of smaller, some systematic approaches ily spends more on taxes than they do Americans. toward tax relief and reform, ulti- on food, clothing and shelter combined. I want to thank the gentleman from mately, which I think should be our And that is why so many parents, now Wisconsin (Mr. NEUMANN) for yielding long-term goal, but at this point in both parents have to work and, frank- me the time. I see my friend from time looking at how we best deliver tax ly, that has caused some social prob- South Dakota (Mr. THUNE) has joined relief to people in this country. lems. us. I know that there are a number of al- Mr. Neumann also has an excellent I yield to the gentleman from South ternatives out there, one of which is presentation when he talks about you Dakota (Mr. THUNE). eliminating the marriage penalty can almost predict which kids are Mr. THUNE. I thank my good friend which I support because it is a very pu- going to get involved in drugs, which from Minnesota for yielding to me. nitive thing directed at people who get kids are going to get involved in smok- I appreciate the discussion that has married in this country. It is some- ing cigarettes. It has something to do been held on the floor this afternoon thing that I think we all agree that we with having at least one parent home between he and our colleague, the gen- ought not penalize through the tax when they come home from school. tleman from Wisconsin (Mr. NEUMANN) code as a matter of practice people for There are lots of things that could be who has been a leader and at the fore- getting married. It is something we solved if we could give parents more front of addressing the Federal spend- want to encourage, not only to get time to spend with their kids. If we can ing, the proclivity in this town to con- married but to stay married. I think eliminate the marriage penalty tax, tinue to spend more than we take in, that is something we all support. you take that 12 million American has been very bold, I think, in the ef- There is another piece of legislation families that pay a penalty for being forts that he has made to try and bring that I would like to mention, which I married, and this is why it is so unfair, that spending under control and com- know is part of the cap proposal which if those people were living together ing up with some solutions that in a is out there right now, that addresses without the benefit of marriage, they very deliberate and systematic way ad- this whole notion of allowing more peo- could file separately and save them- dress the long-term problems facing ple to pay at the lower 15 percent tax selves thousands of dollars, $100 billion our country with respect to govern- rate level as opposed to the higher 28 in taxes over the next five years. There ment spending and, in fact, most re- percent level. And this, if we can some- is something just almost insidiously cently has begun discussion of this how raise the threshold at which the 28 wrong with that. I think we have an budget year, what we might do to slow percent rate kicks in, we will have opportunity in this budget plan to the growth rate of Federal spending, more and more people paying more of right that wrong. rather than seeing it grow as it does their income or having more of their I certainly support lowering the and under the President’s budget at income covered at the lower 15 percent death tax. I would like to see lowering, twice the rate of inflation and even rate, therefore, paying less in taxes and if not eliminating capital gains. There under the Senate-passed budget at 11⁄2 having an incentive to go out and to do are lots of areas where I think this times the rate of inflation, to getting better and to improve their lot in life Congress can effect tax relief. But it back to the rate of inflation. and to earn more, because we are not there is one that I think stands out If we can get to where we are control- going to be taking 28 cents out of every like none other, and that is this mar- ling government spending in that fash- dollar they earn. We are only going to riage penalty tax which, coinciden- ion, I think we will see over time the be taking 15 cents, doing that in a way tally, if you limit the growth in Fed- revenue situation improve to where we that delivers tax relief in a very broad eral spending to exactly the inflation not only can address the ongoing needs based way so that anybody in this rate for the next five years, you free up of government but furthermore address country, irrespective of their status, enough in terms of additional savings the long-term challenges that face our married or single or with children, that of Federal spending, less than pro- country, one of which is reestablishing we get away from the Washington jected, to afford to pay for this tax re- the trust fund, the Social Security knows best way of directing tax relief lief which I think families deserve and trust fund, which is going to provide to specific groups and targeting and, I think is the right thing to do. for our retirement needs in the future again, bring tax relief in a broad-based Mr. THUNE. Mr. Speaker, I think it and doing it in a way, again, that not way that says to the American tax- strikes at the very heart, much of the only secures and ensures that those payer, if you pay taxes, you deserve tax fabric of our Nation. There are certain who are currently receiving benefits relief. things that we want to reinforce, fami- continue to receive benefits but also I think that ought to be one of the lies staying together and being able to for future generations, that we do principles that we incorporate and one spend more time with their children. something to address the fact that the of the values that we try to advance as A lot of the social problems that we program, unless we make some changes this debate over budgets begins in this encounter in American today are the and unless we do something to make budget year. result of the fact that we have policies, H3306 CONGRESSIONAL RECORD — HOUSE May 14, 1998 even economic policies, even tax poli- liberal philosophy, which says, let us MICROSOFT ANTITRUST CASE cies that are counterproductive to al- build government programs and allow Mr. MCINTOSH. Mr. Speaker, I want lowing parents and families to spend government to deliver the services and first to thank the gentleman from Min- more time together. If you have more solve these problems and meet these nesota (Mr. GUTKNECHT) and say that I of that cohesive time together, you needs. Or, rather, do we allow the wholeheartedly endorse the budget the would not have some of the social prob- American people, again as a matter in Conservative Action Team has brought lems that we are encountering, kids their day-to-day lives, allow them to to the House and appreciate the gentle- who fail to have the time that they keep more of what they earn and con- man’s work today to bring out that in- need to have with their parents get in- tinually roll back the cost of govern- formation. volved in other activities and probably ment so their family budget is bigger I would like to speak, if I may, on a with people that should not be associ- and, therefore, they are better able and different topic for a few minutes. I ated with. So these things are related. in a position to make decisions about want to applaud the fact that today When you talk about reinforcing the the choices that are out there and the Microsoft Corporation and the Justice values that have helped build this needs that they have. Department reached a temporary country and make it great, I think, I think, again, that is a clear con- cease-fire in the legal dispute about whether they can proceed to issue Win- again, as a matter of policy, when you trast. It is a very clear separation in dows 98 so that American consumers start dealing in the area of taxes and terms of the direction that we take the can have the latest in software tech- economic policy and the things that country between the point of view that we are going to bring to the table and nology for our home computers. the Congress is able to do, it ought to But I am troubled by what is going be with an eye toward what can we do that that the liberals do. So as we continue down this road and on in this case, and I wish to share my to further enhance those institutions concerns with my colleagues today and that have strengthened and built this track and look at ways in which we can better use the resources, be more effi- with the American people, because I country. And certainly the family is sense that our Justice Department is one of those. cient, modernize government in a way that increase employees’ take-home misusing the antitrust laws simply be- As you noted earlier, the fact that cause they see a corporation in Amer- the tax burden on this country consist- pay for people in this country, in this budget debate, these are the things ica that has produced a product that is ently continues to climb and to rise very successful, very much valued by and people are shocked when they find that will be underlying it. We will be talking a lot about numbers, and the the American consumer and, frankly, out how much they are paying. Many numbers are on the surface, but when poised to take us into the next century of them do not realize it because in a we get right down to it, the underlying with a lead in that technology. very subtle way it comes out through values are what we want to reinforce in There is a proper role for antitrust the payroll tax, and it comes out this discussion and the decisions that laws in our economic marketplace, but through the payroll deduction and, are made through the budget process. they are to be used when there is a bar- therefore, unlike some taxes which you So again I want to credit the gen- rier to entry that allows a corporation pay and you know exactly what you tleman from Minnesota (Mr. GUT- to have an unfair competitive advan- are paying in terms of taxes, there are KNECHT), my friend, and the gentleman tage in monopolizing a marketplace. a lot of sort of hidden taxes, I think, from Wisconsin (Mr. NEUMANN), and I When we talk to economists about the today. see the gentleman from Indiana (Mr. computer industry, and particularly b 1600 MCINTOSH) joining us in the well here, about software, we do not see that type of barrier to entry. In fact, as Mr. So when people find out that they are for the work that is ongoing in terms Gates testified to the Senate, if he does spending, which the gentleman said, on of how we can continue to slow the not produce the best-operating soft- average, for a family of 4 is 38 percent growth of government spending and to ware, one of his competitors who is of their income just to pay the cost of recognize the fact that we have serious very capable will produce a better soft- government in this country, that is a problems out there, retirement issues ware and immediately have the oppor- staggering statistic when we consider that have to be addressed, Social Secu- tunity to take over that leading mar- the fact that when we started out some rity, Medicare, and getting the cost of ket share. 30 or 40 years ago, as the gentleman government under control and allowing people in this country to keep more of This is an area where technology is also mentioned, it was 2 to 4 percent, what they earn. changing every day. Back 20 years ago, roughly in that range. Those are the goals, I think, the prin- IBM was the leading computer manu- And that is a trend which I think we ciples and the values that we share and facturer and had a dominant position. have a responsibility as a Congress to which I hope in this debate are rein- But they failed to see the advances try to reverse so that we get to a point forced and become a part of the final that were happening in the software in- in a peacetime economy, in an econ- product. dustry and lost that dominant position omy that continues to grow, we ought Mr. GUTKNECHT. As the gentleman to Microsoft. How did this happen? It not to ask more of the American tax- says, this is about values. And if my happened because the government payer. colleagues believe in faith, family, stood back and allowed ingenuity and I think much of what is being dis- work, thrift, and personal responsibil- innovation to take its course in Amer- cussed today in terms of Federal pro- ity, the budget we are putting forward, ica. grams are an expansion and a bigger where we are going to spend $9 trillion And that is what we need to do role, which calls for more tax dollars over the next 5 years, all we are going today, make sure that no one is pre- from the American taxpayer to fund to ask the government to do is tighten vented from coming to the market- those programs, rather than looking at its belt one notch. place and offering a product, but not what we can do to address some of the I think there is nobody who believes holding back those who have succeeded problems, real problems that real peo- that in a 9-foot belt we cannot find 1 when they invest the fruits of those ple in this country have across the inch of fat that can be reduced in the successes in developing new products country in the area of child care, edu- Federal Government. And if we do which are available for the American cation and health care. that, we allow families to keep more so public. But if we allow them to keep more of they can spend more, they can spend I will remind my colleagues, the what they earn, they have control. more time with their kids and they can product that Microsoft is accused of They are in a position of authority, build a better future not only for them- having used monopoly power for now they are in a position in which they selves but for their country, because costs the American consumer one- can make decisions as they pertain to they will spend that money a whole lot tenth of what it did but 5 years ago. So their family’s particular situation and smarter than we will. I would urge our Justice Department needs and how best to meet those I want to thank and welcome the to be cautious in misapplying the anti- needs. gentleman from Indiana (Mr. trust laws so that we do not stifle inno- I think it is a clear contrast in terms MCINTOSH) and yield to him at this vation, but allow all American consum- of the philosophy that is out there, the time. ers to take advantage of lower prices, May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3307 better technology and an increase in didate’s ability to communicate his Now, what is the question? It is very power to use the personal computer. message to voters. interesting how over the years this has f I urge my colleagues to oppose any never changed. We always have to have measure that would ration our con- a new law, a new regulation proposed CAMPAIGN FINANCE REFORM stitutional rights, and I would remind to fix something. In this case, they are The SPEAKER pro tempore. Under people that the first amendment is trying to fix our campaign system. Let the Speaker’s announced policy of Jan- quite clear on this subject. It states: me suggest that the cause of the pa- uary 7, 1997, the gentleman from Cali- Congress shall make no law, shall tient’s illness is the regulation itself. fornia (Mr. DOOLITTLE) is recognized make no law, abridging the freedom of That is the cause. If we wanted to deal for 60 minutes. speech. with the underlying problem and heal Mr. DOOLITTLE. Mr. Speaker, we Next week the House of Representa- that patient, remove the regulation. constantly hear these days from re- tives will engage in a historic debate Now, there is a truly radical idea; re- formers who support a bigger Federal about campaign reform and what needs move the regulation, do not have more Government that campaigns cost too to be done to address the problems that of it, as virtually everyone on the much and that government must step confront us. Before we can embark other side proposes and some of our in and further regulate campaign upon a course of reform, we had better own Republicans are proposing. Recon- spending. But I ask my colleagues, is have a clear understanding of what sider what is causing the sickness. Get spending on political advertising really those problems are. Once we know a proper diagnosis. Then we will be out of control? what they are, we should then consider able to proceed. Consider this: Tonight Americans how to address them. I would submit that the various ideas will watch the final episode of Seinfeld I would submit that the problem of being advanced by the left and by some and a 30-second ad purchased tonight campaign reform is much like the case of us here on our side of the aisle are during that final episode will cost $1.5 of the sick patient who has been diag- flat-out wrong and they will not solve million for 30 seconds. By contrast, the nosed and treated by the same physi- the problem. I believe them to be high- cost of a typical congressional race is cian for a long period of time. If the di- ly undesirable, unconstitutional. But about $0.5 million or one-third the 30- agnosis is wrong, then the treatment even setting aside those two things, ac- second ad tonight on Seinfeld. prescribed is not going to help the pa- tually they are quite unworkable. If By restricting a candidate’s ability tient. In this case, we see that the pa- regulation worked, we would not have to spend campaign dollars, we will re- tient is ill and the same doctor is the mess that we have today in our strict his ability to speak to potential treating him and the same prescription Federal campaign system; we would voters through television, radio, mail is being offered, only more of it. And not have a presidential system that and personal appearances. This is the the more that is given, the sicker the takes our taxpayer dollars and spends very type of speech the Founders patient gets. it on candidates that we oppose as tax- sought to protect through the first We hear a great deal of talk today payers. That system needs to be re- amendment to the United States Con- about the evils of soft money. Most pealed. That system is hurting us. That stitution. Americans, I would venture, really is denying the parties their most vi- When we support spending limits, we have no idea even what soft money is. brant candidate. must feel that there is too much speech We hear the terms ‘‘hard money’’ in Think for a minute to the 1996 cam- in political campaigns and that can- contrast to ‘‘soft money.’’ We hear dis- paign and what happened on the Re- didates communicate too much with cussions of issue advocacy or we will publican side and think ahead to what voters. How is it that spending a few hear the term ‘‘independent expendi- is likely to happen this time around. billion dollars exercising our most pre- ture.’’ I would just observe that these The candidate who was nominated, the cious rights as Americans is deemed to were terms that really came into being candidate who is going to be nominated be excessive while the tens of billions the first time the Dr. Regulator made is the one who has the highest name ID of dollars spent on disposable consumer his prescription for the patient when, amongst the voters no matter what his products is not? Free political dis- in 1974, the Democrats ran through a ideas or record happens to be. There is course and plenty of it is infinitely partisan law that took partisan advan- very little information available to the more valuable to the protection of our tage and skewed the whole Federal law voter about this person, and there will liberties than any beer or car commer- in favor of their party and against Re- continue to be little information be- cial can ever be. publicans. cause we have such strict spending lim- In 1996, spending on all campaigns, Now, after this law was passed, we its set in law that it is not possible for Federal and State, totaled just $4 bil- began to understand a new term, the the candidates at the presidential level lion, yet Americans spend roughly five term of ‘‘PAC.’’ I remember 2 or 3 years to communicate their ideas. times that much, or $20 billion per ago when our big government reform- We saw that fully played out in the year, on laundry and dry cleaning. In ers were trying to outlaw PACs, or po- Republican side of it. Senator Dole, by comparison, total advertising in a litical action committees; it is funny the time he was able to win enough del- year, that year, 1996, was around $150 that we do not hear much about that egate votes to cinch up the nomina- billion versus the $4 billion spent on anymore. PACs have not changed, it is tion, was unable to continue spending campaigns at all levels of government. just that now all the focus is on some- between that point and the Republican Total campaign spending viewed an- thing else, soft money. But let me just Convention in midsummer because of other way, per eligible voter, averages remind all my colleagues that basi- the Federal campaign law. How on just $3.89, really the cost, approxi- cally the terms of ‘‘PACs’’ and ‘‘soft Earth can this be good policy? How can mately, of a McDonald’s value meal. Is money’’ came into being as a result of this be consistent with the precious that amount too much? Even at a the present Federal law, rammed first amendment, which says so clearly much higher price, liberty would be a through Congress by liberal Democrats that Congress shall make no law much better value. taking advantage of the reaction abridging the freedom of speech? Total campaign spending as a per- against the Republicans and Richard Let me just observe, before this dis- centage of the gross domestic product Nixon. And they put that law through, astrous 1974 law rammed through Con- is not increasing, as is stated by some and ever since we have seen the ill ef- gress, bipartisan liberal Democrats and implied by others, but rather it has fects of that law. twisting the law to their own advan- remained fairly constant since 1980, tage, the law that we live under today, b fluctuating between .04 percent and .06 1615 our campaigns were relatively unregu- percent of the gross domestic product. And now when the body politic is lated and it worked relatively well. It Voters have minds of their own. They deemed to be even sicker, Dr. Regu- was not perfect, but we will never are not helpless to make their own de- lator is back again with the same old achieve perfection as long as mortal cisions in the face of political advertis- prescription; more regulation. The an- human beings are upon the face of the ing. Money spent on advertising does swer is always the same; more regula- Earth governing themselves. So let us not buy votes, it enhances a can- tion. not look for perfection; let us look for H3308 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the best that we can get and something that, is contributed from individuals or amendment, and basically make it pos- that works. PACs or parties to the campaign of the sible so that Congress can legitimately I would submit, Mr. Speaker, that candidates. Those are hard dollars, abridge a citizen’s first amendment the system we have today is worse than strictly regulated by Federal law, very rights and do so to accomplish the what we had. We have tried to correct unfair, very burdensome, very biased greater good of campaign reform, abuses and created far worse problems. Federal law that was passed over 20 greater good in his mind, not in my The problems we have today are viola- years ago. mind and, I would submit, not in the tions of the first amendment. We do As I indicated before, the inflation minds of most Americans. But at least not have free speech in this country has been dramatic, it has eroded the there is honesty in attempting to go anymore when it comes to campaign- real purchasing value of the limitation about it the right way; because we can- ing. by two-thirds, and we live with that not do the things that many of my col- I find in my district voters are hun- today. As the cost of advertising has leagues seek to do and be consistent gry for reliable information about the shot up over the years, campaign with our great U.S. Constitution until candidates. They want to hear directly spending has followed the course of and unless we deregulate this campaign from the candidate and it is getting least resistance. system and follow the Constitution, harder and harder to do that. People It so happens that it is possible to en- which clearly says that Congress is should be offended that under the gage in a form of spending using soft supposed to stay out of it. present law an individual can, or, rath- money. Soft money is money that is And by the way, of all the types of er, a political action committee can not covered by the Federal law and it speech, guess what the most vital, contribute five times what an individ- is money that cannot go directly to most important form of speech was in ual can contribute to a candidate’s campaigns but it must be used for the minds of the framers? It was not campaign. Why is that just or right or voter registration, get-out-the-vote ef- the ability to go out and advertise fair that there is a 5–1 advantage? fort, voter identification, those kinds automobiles or beer or something like After all, the first amendment says of things. That is soft money. that. It was political discourse, the Congress shall make no law abridging That was felt to be very desirable at very thing the British Government the freedom of speech. So how did it one point by our elected officials. And tried to abridge when it was in power. get abridged? By a statute enacted into in fact, after the 1976 campaign Ford v. We tried to prevent that from ever hap- law by the Congress and the President. Carter, both parties felt that we should pening again by having the first Well, this was tested in the famous strengthen the ability of parties and amendment to the United States Con- Buckley v. Valeo case, and almost all we should strengthen it by allowing stitution, which I think is unique of that tremendous law passed in 1994 them to make greater use of the so- amongst the nations of the world. Our was thrown out, except for just a cou- called ‘‘soft money,’’ that in order to adherence to that is better than any ple of parts, the parts that remain with have healthy, vibrant political parties, other country. We have a very, very us today and that still negatively af- they needed to be able to engage in this clear standard. flict the campaign system and really kind of campaign spending. b the body politic. And the Supreme In fact, since that time, the U.S. Su- 1630 Court did uphold the right by Congress preme Court has repeatedly held that The government should not be able to place limits on what amounts could we cannot proscribe spending by politi- to regulate in this area. The govern- be contributed to campaigns, limits cal parties in the soft money area. In ment must not regulate in this area, that skewed it in favor of PACs and fact, very recently in the Supreme and, indeed, the government cannot ef- against individuals. Court case involving the Republican fectively regulate in this area. Because However, as time has gone on, the Party of Colorado, they explicitly held as long as we have any shred of a Con- value of these limits has been eroded; that this was clearly protected by the stitution left, you are going to have whereas at the time, an amount that first amendment to the United States the ability of individuals acting inde- could be contributed to an individual Constitution. pendently or of groups acting independ- was $1,000 or by an individual to a can- I remain amazed, despite these clear ently to contribute whatever amount didate was $1,000 and by a PAC to a pronouncements of the Court time and of money they would like to political candidate was $5,000. And while those time again, Buckley v. Valeo has been campaigns. limits are in effect right now under cited by the Court over 100 times in You see, today we are seeing increas- present law, which has never been subsequent opinions. That was ren- ingly the ability of the average person changed, let me just observe we will dered in 1976. So, for 22 years, this case to run be depreciated. Look how with have extraordinarily high inflation in has been repeatedly cited and yet we increasing frequency, individuals of the intervening years. So that today, are constantly finding bills introduced personal wealth are running for these the $1,000 and the $5,000 have been re- that fly right in the face of the U.S. offices. Why? Because there is a great duced by two-thirds. Constitution as interpreted by the Su- exception to the Federal campaign law, Now, earlier I told my colleagues preme Court. one the drafters of it did not wish to that the cost of a Seinfeld ad for 30 sec- In fact, there is now a special project allow, but one the Supreme Court onds was $11⁄2 million. Those are to- made up of law professors all over the carved, and they carved it legitimately day’s prices in 1998. But we still live by country, I understand, to figure out and correctly; that is, you have the un- a campaign law that was written in ways to bring court challenges to get limited right to spend whatever you 1974, when the equivalent 30-second add Buckley v. Valeo overturned. Because wish on your campaign. was dramatically less. The fact of the as long as that court opinion stands, So an individual that is going to matter is, political advertising of all none of these laws being proposed that spend his own millions can do so for as kinds has gone up with inflation and abridge our first amendment rights is much as he would like or she would probably above inflation, and yet cam- ever going to be able to stand the court like. Yet, that same individual who paigns are still restricted to the old test. may have $1 billion can only give $1,000 limits that are the present limits. To commend a colleague who is a lib- to some other candidate, to a candidate Mr. Speaker, the gentleman from eral Democrat, and with whom I dis- of average means, to someone who New York (Mr. SOLOMON) understands agree completely on this issue because works for a living and who supports his these issues very well and has been val- I will commend him for his honesty, or her family, but who believes that he iant in fighting to protect our First the gentleman from Missouri (Mr. GEP- or she can make a difference in our Amendment rights. And we hope and HARDT) recognizes that to do what he public affairs. pray that others will be similarly val- and the Democrats want to do cannot But this person is not a millionaire iant in the upcoming debate and series be done by statute; it can only be done or a billionaire. This person, therefore, of votes that will be commencing next by amending the Constitution of the cannot contribute his own personal week. United States. And indeed, that is what wealth, because he does not have per- Let me just observe that ‘‘hard he has proposed to do, actually amend sonal wealth. All he or she can do is go money,’’ the term that we apply to the Constitution, modify the first out and live by the limits imposed by May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3309 Federal law and get these contribu- defend themselves in the exercise of to the founders who said that it is a tions in the amounts that I told you, their legitimate constitutional rights, necessary evil, that it could be a fear- $1,000 or $5,000. I mean, I ask myself, I think why on ful master and a troublesome servant. In case anybody is wondering, you Earth would anybody ever put them- These are concepts, I think, that are know, you hear these reports that selves through this? almost lost today upon our students in Members of Congress have these fund- The effect of all of this Federal regu- the school, and their concepts we are raisers, and representatives of PACs lation is to chill free speech. It is to going to have to revive here in the come and tender the check. I will make people think twice before they halls of freedom, in the halls of the check my own campaign reports re- participate in the process. That is basi- United States Congress. cently but, over time, I think I only cally its effect. I believe, frankly, its Mr. Speaker, I have appreciated the have, out of about the half million dol- intended effect is to drive people out in opportunity to engage in this special lars or so that I, as one representative, a way, and it is just better off not to order, to get out some of my thoughts am able to raise in campaign dollars get involved. about what we need to do relative to over a 2-year period, I will bet you I do I would submit, Mr. Speaker, that the topic of campaign reform. Let me not have more than two or at most that is the wrong way to go in our body just close by, I guess, citing an ancient three political action committees do- politic. Free speech is precious. People but well-founded concept, the nate the maximum $5,000 contribution. should be able to engage in free speech hypocritic oath to physicians, which is It just is not that common. without the fear of the government first do no harm. The only reason I share that with coming down on them. People should Mr. Speaker, it is my sincere hope you is to indicate that when you have be encouraged to run for office, not dis- and prayer that as we embark next to raise, as a challenger, by the way, couraged. week upon this important topic of the you see, I am an incumbent now; if I It is very discouraging to a person of Constitution, first amendment rights really wanted to feather my own nest average means who may have good and campaign reform, that we will, in- as an incumbent, I would climb on ideas, great ideas, who seeks to run a deed, do no harm. board and vote tomorrow for McCain- campaign, and find that he has got to Feingold or Shays-Meehan, because I raise that half million dollars by hold- f will make it infinitely more difficult ing numerous fund-raisers, and being for someone to try and challenge me. It on the phone and raising money all the REPORT ON RESOLUTION PROVID- will be infinitely more difficult as an time, whereas, his wealthy opponent ING FOR CONSIDERATION OF incumbent and it will be infinitely simply writes himself a check. He is on H.R. 3616, NATIONAL DEFENSE more difficult for any challenger to be the air and in the mail and can sit back AUTHORIZATION ACT FOR FIS- able to successfully challenge an in- and let all the professionals do it. It is CAL YEAR 1999 cumbent. just not right. Mr. SOLOMON (during the special Why? Because the incumbent has the This Republic was founded upon the order of Mr. DOOLITTLE) from the Com- advantages of office. Let us start with idea that all men are created equal. Ob- mittee on Rules, submitted a privi- name identification in the mind of the viously by men, they meant men and leged report (Rept. No. 105–535) on the voter. That is number one. Most people women, but obviously not equal in re- resolution (H. Res. 435) providing for have heard of me in the Fourth Con- sult, but equal in the opportunity to consideration of the bill (H.R. 3616) to gressional District of California, be- work and to fight for the things that authorize appropriations for fiscal year cause I am an incumbent and have run we believe in. 1999 for military activities of the De- before. That opportunity is constrained partment of Defense, to prescribe mili- By virtue of that fact, it is much today by the heavy hand of govern- tary personnel strengths for fiscal year easier for me to go out and hold a fund- ment. It is going it be made worse by 1999, and for other purposes, which was raiser and have a number of individuals the big government reformers who referred to the House Calendar and or- come in and contribute to me in rel- want to come in and sell you on some dered to be printed. atively small amounts, because I am snake oil formula to give away your known, than it is for a challenger who first amendment rights in exchange for f is virtually unknown to go out and the nirvana of campaign reform. REPORT ON RESOLUTION PROVID- hold a fund-raiser. Mr. Speaker, I for one intend to be ING FOR CONSIDERATION OF H. Almost no one will show up, figu- vigorously involved in this debate and RES. 432, SENSE OF HOUSE CON- ratively speaking, because nobody to stand up for our fundamental free- CERNING PRESIDENT’S ASSER- knows the individual. They have never doms. This is really the right to self- TION OF EXECUTIVE PRIVILEGE, even heard of his name. So why would governance of the American people. It AND OF H. RES. 433, CALLING they show up at some event? Why is not just politicians fighting amongst UPON PRESIDENT TO URGE would they write a check to him? They themselves over how much advantage FULL COOPERATION BY FORMER do not really know him. So name ID they can get. I know that it seems that POLITICAL APPOINTEES AND and incumbency are tremendous advan- way to our American people. tages. I hope through these debates they FRIENDS AND THEIR ASSOCI- Most studies show that the chal- will realize it is really their rights that ATES WITH CONGRESSIONAL IN- lenger has to outspend the incumbent we are protecting, their rights to free- VESTIGATIONS in order to win the seat. You will make dom of speech, their rights to partici- Mr. SOLOMON (during the special it infinitely more difficult for that pate in the political process, their order of Mr. DOOLITTLE) from the Com- challenger in order to prevail if you go rights to dictate to their government, mittee on Rules, submitted a privi- with the big government types of cam- rather than to have their government leged report (Rept. No. 105–536) on the paign reform that impose further lim- controlling them and dictating to resolution (H. Res. 436) providing for its and further restrictions and get the them. consideration of the resolution (H. Res. heavy hand of government even further After all, let us not forget the words 432) expressing the sense of the House into the process. of George Washington: Government of Representatives concerning the Sometimes when I see what happens does not reason. It is not eloquence. It President’s assertions of executive to groups that legitimately participate is force. Like fire, it is a dangerous privilege, and for consideration of the and have the FEC decide to go after servant and a troublesome master. resolution (H. Res. 433) calling upon them or some congressional committee Jefferson referred to it as a necessary the President of the United States to decide to hold a hearing, when you evil. But let us remember that it is not urge full cooperation by his former po- look at the months of negative public- a positive good as President Clinton litical appointees and friend and their ity involved, when you look at the hun- and company would have you think, associates with congressional inves- dreds of thousands of dollars in attor- and therefore the more of it, the bet- tigations, which was referred to the ney’s fees that have to be spent in ter. If some government is good, more House Calendar and ordered to be order for these individuals or groups to is better. That is completely contrary printed. H3310 CONGRESSIONAL RECORD — HOUSE May 14, 1998

LEAVE OF ABSENCE Mr. BLUMENAUER. transmitting certification of a proposed li- cense for the export of defense articles or de- By unanimous consent, leave of ab- Ms. DUNN. Mr. BOB SCHAFFER of Colorado. fense services sold under a contract to sence was granted to: Greece (Transmittal No. DTC–45–98), pursu- Mr. SMITH of Texas. Mrs. FOWLER (at the request of Mr. ant to 22 U.S.C. 2776(c); to the Committee on ARMEY) for today on account of attend- Mr. LATOURETTE. International Relations. ing her daughter’s graduation. Mrs. CUBIN. 9160. A letter from the Assistant Secretary Mr. QUINN (at the request of Mr. Mr. UPTON. for Legislative Affairs, Department of State, ARMEY) for today on account of family Mr. DELAY. transmitting certification of a proposed li- reasons. Mr. LANTOS. cense for the export of defense articles or de- Mr. BARRETT of Wisconsin. fense services sold under a contract to Singa- f Mrs. LOWEY. pore (Transmittal No. DTC–65–98), pursuant to 22 U.S.C. 2776(c); to the Committee on Mr. GUTIERREZ. SPECIAL ORDERS GRANTED International Relations. By unanimous consent, permission to Mr. SKEEN. 9161. A letter from the Assistant Secretary address the House, following the legis- Mr. MARTINEZ. for Legislative Affairs, Department of State, lative program and any special orders Mrs. MYRICK. transmitting certification of a proposed li- heretofore entered, was granted to: Mr. NUSSLE. cense for the export of defense articles or de- fense services sold under a contract to Singa- (The following Members (at the re- Mr. HILLIARD. Mr. FRELINGHUYSEN. pore (Transmittal No. DTC–64–98), pursuant quest of Mr. SKELTON) to revise and ex- to 22 U.S.C. 2776(c); to the Committee on tend their remarks and include extra- f International Relations. neous material:) ADJOURNMENT 9162. A letter from the Assistant Secretary Mr. CONYERS, for 5 minutes, today. for Legislative Affairs, Department of State, Mrs. CLAYTON, for 5 minutes, today. Mr. DOOLITTLE. Mr. Speaker, I transmitting certification of a proposed li- Mr. ABERCROMBIE, for 5 minutes, move that the House do now adjourn. cense for the export of defense articles or de- today. (The motion was agreed to; accord- fense services sold under a contract to Japan (Transmittal No. DTC–55–98), pursuant to 22 Mr. FILNER, for 5 minutes, today. ingly (at 4 o’clock and 40 minutes p.m.), under its previous order, the U.S.C. 2776(d); to the Committee on Inter- Mr. EDWARDS, for 5 minutes, today. national Relations. Ms. JACKSON-LEE of Texas, for 5 min- House adjourned until Monday, May 18, 9163. A letter from the Assistant Secretary utes, today. 1998, at 12 noon. for Legislative Affairs, Department of State, (The following Members (at the re- f transmitting certification of a proposed li- quest of Mr. FOLEY) to revise and ex- cense for the export of defense articles or de- tend their remarks and include extra- EXECUTIVE COMMUNICATIONS, fense services sold under a contract to Tur- neous material:) ETC. key (Transmittal No. DTC–52–98), pursuant to 22 U.S.C 2776(d); to the Committee on Mr. NEY, for 5 minutes, today. Under clause 2 of rule XXIV, execu- International Relations. Mr. MICA, for 5 minutes, today. tive communications were taken from 9164. A letter from the Chairman and Chief Mr. FOLEY, for 5 minutes, today. the Speaker’s table and referred as fol- Executive Officer, Farm Credit Administra- f lows: tion, transmitting the semiannual report on 9154. A letter from the Director, Office of the activities of the Office of Inspector Gen- EXTENSION OF REMARKS Legislative Affairs, Federal Deposit Insur- eral, pursuant to 5 U.S.C. app. (Insp. Gen. By unanimous consent, permission to ance Corporation, transmitting the Corpora- Act) section 5(b); to the Committee on Gov- tion’s final rule—Simplification of Deposit ernment Reform and Oversight. revise and extend remarks was granted 9165. A letter from the Director, Office of to: Insurance Rules (RIN: 3064–AB73) received May 12,1998, pursuant to 5 U.S.C. 801(a)(1)(A); Personnel Management, transmitting the Of- (The following Members (at the re- to the Committee on Banking and Financial fice’s final rule—Reduction In Force And quest of Mr. SKELTON) and to include Services. Mandatory Exceptions (RIN: 3206–AH64) re- extraneous matter:) 9155. A letter from the Director, Office of ceived May 13, 1998, pursuant to 5 U.S.C. Mr. KIND. Regulatory Management and Information, 801(a)(1)(A); to the Committee on Govern- Ms. FURSE. Environmental Protection Agency, transmit- ment Reform and Oversight. 9166. A letter from the Secretary of Edu- Mr. MENENDEZ. ting the Agency’s final rule—Approval and cation, transmitting a report of activities Mr. HOYER. Promulgation of State Plans For Designated Facilities and Pollutants: Georgia [GA–37– under the Freedom of Information Act for Ms. RIVERS. 9811a; FRL–6003–8] received May 12, 1998, pur- the calendar year 1997, pursuant to 5 U.S.C. Mr. BAESLER. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 552(d); to the Committee on Government Re- Mr. PASCRELL. tee on Commerce. form and Oversight. Mr. ROEMER. 9156. A letter from the Acting Director, De- 9167. A letter from the Acting Assistant Mr. UNDERWOOD. fense Security Assistance Agency, transmit- Attorney General for Legislative Affairs, De- Mr. ORTIZ. ting a copy of Transmittal No. 11–98 which partment of Justice, transmitting a draft of proposed legislation entitled the ‘‘Inter- Mr. DINGELL. constitutes a Request for Final Authority for a Supplement Four to the Memorandum national Anti-Bribery Act of 1998’’; jointly to Mr. LEVIN. the Committees on the Judiciary, Com- (The following Members (at the re- of Understanding among the Governments of France, Germany, Italy, United Kingdom merce, and International Relations. quest of Mr. FOLEY) and to include ex- and the United States for the Medium Mul- f traneous matter:) tiple Launch Rocket System (MLRS), pursu- Mr. COLLINS. ant to 22 U.S.C. 2767(f); to the Committee on Mr. LEWIS of California. International Relations. REPORTS OF COMMITTEES ON Mr. WATT of North Carolina. 9157. A letter from the Assistant Secretary PUBLIC BILLS AND RESOLUTIONS Mr. ADERHOLT. for Legislative Affairs, Department of State, Under clause 2 of rule XIII, reports of Mr. BURTON of Indiana. transmitting certification of a proposed li- committees were delivered to the Clerk cense for the export of defense articles or de- Mr. THOMAS. fense services sold under a contract to Japan for printing and reference to the proper Mr. QUINN. (Transmittal No. DTC–67–98), pursuant to 22 calendar, as follows: Mr. PORTMAN. U.S.C. 2776(c); to the Committee on Inter- Mr. SOLOMON: Committee on Rules. Mrs. ROUKEMA. national Relations. House Resolution 435. Resolution providing Mr. SHUSTER. 9158. A letter from the Assistant Secretary for consideration of the bill (H.R. 3616) to au- Mr. LIVINGSTON. for Legislative Affairs, Department of State, thorize appropriations for fiscal year 1999 for Mr. RADANOVICH. transmitting certification of a proposed li- military activities of the Department of De- Mr. DAVIS of Virginia. cense for the export of defense articles or de- fense, to prescribe military personnel (The following Members (at the re- fense services sold under a contract to Japan strengths for fiscal year 1999, and for other (Transmittal No. DTC–68–98), pursuant to 22 purposes (Rept. 105–535). Referred to the quest of Mr. DOOLITTLE) and to include U.S.C. 2776(d); to the Committee on Inter- House Calendar. extraneous matter:) national Relations. Mr. SOLOMON: Committee on Rules. Mr. FOX of Pennsylvania. 9159. A letter from the Assistant Secretary House Resolution 436. Resolution providing Mr. GALLEGLY. for Legislative Affairs, Department of State, for consideration of the resolution (H. Res. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3311

432) expressing the sense of the House of Rep- KENNEDY of Massachusetts, Mr. SCHU- By Mr. CASTLE (for himself and Mr. resentatives concerning the President’s as- MER, Mr. OLVER, Mr. LAFALCE, Ms. RIGGS): sertions of executive privilege, and for con- NORTON, Mr. VISCLOSKY, Mr. ACKER- H.R. 3874. A bill to amend the Child Nutri- sideration of the resolution (H. Res. 433) call- MAN, Mr. MCDERMOTT, Mr. MATSUI, tion Act of 1966 to make improvements to ing upon the President of the United States Mr. LAMPSON, Mr. DELAHUNT, Mr. the special supplemental nutrition program to urge full cooperation by his former politi- MCHALE, Mr. YATES, Mr. POMEROY, for women, infants, and children and to ex- cal appointees and friends and their associ- Mr. BARRETT of Wisconsin, Mr. MAR- tend the authority of that program through ates with congressional investigations (Rept. KEY, Ms. FURSE, Mr. BLUMENAUER, fiscal year 2003; to the Committee on Edu- 105–536). Referred to the House Calendar. Mr. MINGE, Mr. VENTO, Mr. NADLER, cation and the Workforce. By Mrs. CAPPS (for herself, Mr. MIL- f Mr. STARK, Ms. PELOSI, Mr. MCGOV- ERN, Mr. SHERMAN, Ms. DELAURO, Mr. LER of California, Mr. FARR of Cali- PUBLIC BILLS AND RESOLUTIONS HINCHEY, Ms. ESHOO, Mr. GEPHARDT, fornia, and Ms. HARMAN): Mr. FARR of California, Ms. LOFGREN, H.R. 3875. A bill to amend the Outer Con- tinental Shelf Lands Act to direct the Sec- Under clause 5 of Rule X and clause 4 Ms. WOOLSEY, Mr. CARDIN, Ms. retary of the Interior to cease mineral leas- of Rule XXII, public bills and resolu- STABENOW, Mr. LEVIN, Ms. SLAUGH- ing activity on submerged land of the Outer tions were introduced and severally re- TER, Mr. MILLER of California, Mr. Continental Shelf that is adjacent to a coast- ferred, as follows: JOHNSON of Wisconsin, Mr. LIPINSKI, al State that has declared a moratorium on Mr. FROST, Mrs. MALONEY of New By Mr. WATTS of Oklahoma (for him- such activity, and for other purposes; to the York, Mrs. CAPPS, Mr. LANTOS, Mr. self, Mr. DAVIS of Illinois, Mr. TAL- Committee on Resources. WEYGAND, Mr. MENENDEZ, Mr. FIL- ENT, Mr. DAVIS of Virginia, Mr. By Mr. CLAY (for himself, Mr. MAR- NER, Ms. MILLENDER-MCDONALD, Mr. MCINTOSH, Mr. KNOLLENBERG, Mr. TINEZ, Mr. STRICKLAND, Mr. GEP- GUTIERREZ, Mr. BORSKI, Mrs. LOWEY, DEAL of Georgia, Mr. PITTS, Mr. EN- HARDT, Mr. BONIOR, Mr. MCGOVERN, Mr. CUMMINGS, Ms. ROYBAL-ALLARD, SIGN, Ms. GRANGER, Mr. RIGGS, Mr. Mr. WISE, Mr. SAWYER, Ms. PELOSI, Mr. WEXLER, Mr. COYNE, Mr. MORAN SESSIONS, Mr. THORNBERRY, Mr. GING- Mr. FORD, Mr. KILDEE, Mr. PAYNE, of Virginia, Mr. GEJDENSON, Mr. CON- RICH, Mr. SENSENBRENNER, Mr. WAMP, Ms. KILPATRICK, Mrs. LOWEY, Mrs. YERS, Mrs. MCCARTHY of New York, Mr. DELAY, Mr. LARGENT, Mr. KENNELLY of Connecticut, Mr. PAS- Mr. DICKS, Mr. RUSH, Mr. PAYNE, Mr. BONILLA, Ms. FURSE, Mrs. MYRICK, TOR, Ms. CARSON, Mr. CONYERS, Ms. DAVIS of Illinois, Ms. JACKSON-LEE, Mr. COBURN, Mr. CHABOT, Mrs. EMER- SLAUGHTER, Mr. ENGEL, Mr. DOYLE, SON, Mr. BURTON of Indiana, Mr. PE- and Mr. STOKES): H.R. 3868. A bill to prevent children from Mr. GEJDENSON, Mrs. MINK of Hawaii, TERSON of Pennsylvania, Mr. NOR- Mr. WYNN, Ms. VELAZQUEZ, Mr. AN- WOOD, Mr. GRAHAM, Mr. LEWIS of Ken- using tobacco products, to reduce the health costs attributable to tobacco products, and DREWS, Mr. KIND of Wisconsin, Mr. tucky, Mr. DOOLITTLE, Mr. RYUN, for other purposes; to the Committee on STARK, Mr. ALLEN, Mr. DAVIS of Flor- Mrs. NORTHUP, Mr. FROST, Mr. Commerce, and in addition to the Committee ida, Ms. LOFGREN, Mr. SCOTT, Mr. TOWNS, Mr. KING of New York, Mr. on Ways and Means, for a period to be subse- PRICE of North Carolina, Mr. NEAL of ENGLISH of Pennsylvania, Mr. quently determined by the Speaker, in each Massachusetts, Mr. HINOJOSA, Mr. SOUDER, Mr. WATKINS, Mrs. KELLY, case for consideration of such provisions as OBEY, Mr. JEFFERSON, Mr. OWENS, Mr. BOEHNER, Mr. DOOLEY of Califor- fall within the jurisdiction of the committee Ms. WOOLSEY, Ms. NORTON, Mr. FARR nia, Mr. ARMEY, Mr. HINOJOSA, Mr. concerned. of California, Mr. KUCINICH, Mr. DREIER, Mr. CALVERT, and Ms. EDDIE By Mr. BOEHLERT (for himself and TORRES, Mr. BLAGOJEVICH, Mr. MCIN- BERNICE JOHNSON of Texas): Mr. BORSKI): TYRE, Mr. POMEROY, and Mr. HOYER): H.R. 3865. A bill to amend the Internal Rev- H.R. 3869. A bill to amend the Robert T. H.R. 3876. A bill to reduce class size; to the enue Code of 1986 to allow the designation of Stafford Disaster Relief and Emergency As- Committee on Education and the Workforce. renewal communities, and for other pur- sistance Act to authorize programs for By Mr. COLLINS (for himself and Mr. poses; to the Committee on Ways and Means, predisaster mitigation, to streamline the ad- LEWIS of Georgia): and in addition to the Committees on Bank- ministration of disaster relief, to control the H.R. 3877. A bill to amend the Internal Rev- ing and Financial Services, and Commerce, Federal costs of disaster assistance, and for enue Code of 1986 to encourage the produc- tion and use of electric vehicles; to the Com- for a period to be subsequently determined other purposes; to the Committee on Trans- mittee on Ways and Means. by the Speaker, in each case for consider- portation and Infrastructure. ation of such provisions as fall within the ju- By Mrs. CUBIN: By Mr. BLUNT (for himself, Mr. BENT- risdiction of the committee concerned. H.R. 3878. A bill to subject certain reserved SEN, Mr. HULSHOF, Mr. MORAN of Vir- By Mr. SHUSTER (for himself, Mr. mineral interests of the operation of the ginia, Mr. MCCRERY, Mr. YOUNG of OBERSTAR, Mr. BOEHLERT, and Mr. Mineral Leasing Act, and for other purposes; Alaska, Mr. BRADY, Mr. CRAPO, Mr. BORSKI) (all by request): to the Committee on Resources. DEAL of Georgia, Mrs. EMERSON, Mr. H.R. 3866. A bill to provide for the con- By Ms. DUNN of Washington (for her- HILL, Mr. HUTCHINSON, Mr. servation and development of water and re- self, Mr. TANNER, Mr. GINGRICH, Mr. LATOURETTE, Mr. LOBIONDO, Ms. lated resources, to authorize the Secretary COX of California, Mr. JEFFERSON, MCCARTHY of Missouri, Mr. MALONEY to construct various projects for improve- Mr. CRANE, Mr. BUNNING of Ken- of Connecticut, Mr. MORAN of Kansas, ments to rivers and harbors of the United tucky, Mr. HERGER, Mr. MCCRERY, Mrs. MYRICK, Mr. TALENT, Mr. States, and for other purposes; to the Com- Mr. SAM JOHNSON, Mr. ENGLISH of PASCRELL, Mr. PICKERING, Mr. SCHU- mittee on Transportation and Infrastruc- Pennsylvania, Mr. WATKINS, Mr. MER, and Mr. TAYLOR of North Caro- ture. HOSTETTLER, Mr. PICKERING, Mr. lina): WELLER, Mr. CAMP, and Mrs. THUR- By Mr. BAESLER: H.R. 3870. A bill to amend the Internal Rev- MAN): H.R. 3867. A bill to provide long-term eco- enue Code of 1986 to provide additional re- nomic assistance to tobacco farmers and H.R. 3879. A bill to amend the Internal Rev- tirement savings opportunities for small em- enue Code of 1986 to phaseout the estate and workers and to communities dependent on ployers, including self-employed individuals; tobacco production using funds contributed gift taxes over a 10-year period; to the Com- to the Committee on Ways and Means. mittee on Ways and Means. by tobacco product manufacturers and im- By Mr. CASTLE (for himself and Mr. porters; to the Committee on Agriculture, By Mr. MARTINEZ: RIGGS): H.R. 3880. A bill to authorize appropria- and in addition to the Committees on Edu- H.R. 3871. A bill to amend the National tions for fiscal years 1999, 2000, 2001, and 2002 cation and the Workforce, Ways and Means, School Lunch Act to provide children with to carry out the Head Start Act, the Low-In- and the Judiciary, for a period to be subse- increased access to food and nutrition assist- come Home Energy Assistance Act of 1981, quently determined by the Speaker, in each ance during the summer months; to the and the Community Services Block Grant case for consideration of such provisions as Committee on Education and the Workforce. Act, and for other purposes; to the Commit- fall within the jurisdiction of the committee By Mr. CASTLE (for himself and Mr. tee on Education and the Workforce, and in concerned. RIGGS): addition to the Committee on Commerce, for By Mr. HANSEN (for himself, Mr. H.R. 3872. A bill to amend the National a period to be subsequently determined by BILBRAY, Mr. DOGGETT, Mr. COOK, Mr. School Lunch Act to extend the authority of the Speaker, in each case for consideration FAZIO of California, Mr. CANNON, Mr. the commodity distribution program of such provisions as fall within the jurisdic- PALLONE, Mr. FOX of Pennsylvania, through fiscal year 2003; to the Committee tion of the committee concerned. Ms. DEGETTE, Mr. GILMAN, Mr. LEWIS on Education and the Workforce. By Mr. GALLEGLY (for himself, Mr. of Georgia, Mrs. MORELLA, Mr. ABER- By Mr. CASTLE (for himself and Mr. HORN, Ms. LOFGREN, and Mr. PAUL): CROMBIE, Mrs. ROUKEMA, Mrs. RIGGS): H.R. 3881. A bill to amend the Internal Rev- TAUSCHER, Mr. MCKEON, Mr. H.R. 3873. A bill to amend the Child Nutri- enue Code of 1986 to increase the Lifetime BLAGOJEVICH, Mr. HORN, Mr. BROWN tion Act of 1966 to simplify program oper- Learning Credit for tuition expenses for con- of California, Mr. CAMPBELL, Mr. ations and improve program management tinuing education for secondary teachers in BONIOR, Mr. FORD, Mr. KENNEDY of under that Act; to the Committee on Edu- their fields of teaching; to the Committee on Rhode Island, Mr. OBERSTAR, Mr. cation and the Workforce. Ways and Means. H3312 CONGRESSIONAL RECORD — HOUSE May 14, 1998

By Mr. JONES: pointees and friends and their associates H.R. 2821: Mr. SMITH of Michigan. H.R. 3882. A bill to amend the Internal Rev- with congressional investigations; to the H.R. 2855: Mr. UNDERWOOD, Mr. PASCRELL, enue Code of 1986 to provide that a member Committee on the Judiciary. and Mr. BAESLER. of the Armed Forces of the United States By Mr. FAZIO of California: H.R. 3048: Ms. SANCHEZ. shall be treated as using a principal resi- H. Res. 434. A resolution designating mi- H.R. 3093: Mr. OWENS. dence while on extended active duty; to the nority membership on certain standing com- H.R. 3166: Mr. PACKARD. Committee on Ways and Means. mittees of the House; considered and agreed H.R. 3205: Ms. EDDIE BERNICE JOHNSON of By Mr. LEWIS of Kentucky: to. Texas and Mr. MCINTYRE. H.R. 3883. A bill to revise the boundary of By Mr. LINDER (for himself, Mr. H.R. 3274: Mr. BRYANT. H.R. 3283: Mr. SANDLIN. the ABRAHAM Lincoln Birthplace National CHAMBLISS, and Mr. DEAL of Georgia): H.R. 3290: Mr. UPTON, Mr. HASTINGS of Historic Site to include Knob Creek Farm, H. Res. 437. A resolution commending Jack Washington, and Mr. BLUMENAUER. and for other purposes; to the Committee on Elrod for his contributions to the United H.R. 3396: Mr. YOUNG of Florida, Mr. Resources. States; to the Committee on Resources. FOLEY, Mr. WYNN, and Mr. GREENWOOD. By Mr. NADLER (for himself, Mrs. LILEY By Mr. RYUN (for himself, Mr. B , H.R. 3435: Ms. DANNER, Ms. MCCARTHY of MALONEY of New York, Mr. MANTON, ILLER Mr. M of Florida, Mr. Missouri, Mr. HILL, Ms. DELAURO, Mr. Mr. HINCHEY, Mr. TOWNS, Mr. LA- OSTETTLER ING H , Mr. K of New York, HUTCHINSON, Mr. KLUG, Mr. DOYLE, Mr. CLY- FALCE, and Mr. SCHUMER): NGLIS E Mr. I of South Carolina, Mr. P - BURN, and Mr. HUNTER. H.R. 3884. A bill to provide for the disposi- TERSON of Pennsylvania, Mr. STARK, H.R. 3466: Ms. FURSE. tion of Governors Island, New York; to the Mr. PAPPAS, Mr. HILLEARY, Mrs. H.R. 3494: Mr. PAPPAS. Committee on Government Reform and CUBIN, Mrs. FOWLER, Mr. STUMP, Mr. H.R. 3514: Mr. DEUTSCH. Oversight, and in addition to the Committee SAXTON, Mr. TIAHRT, Mr. DICKEY, Mr. H.R. 3561: Mr. ALLEN. on Resources, for a period to be subsequently SNOWBARGER, Mr. WAMP, and Ms. H.R. 3566: Mr. GREENWOOD. determined by the Speaker, in each case for DANNER): H.R. 3567: Mr. MCNULTY, Mr. MANTON, Mr. consideration of such provisions as fall with- H. Res. 438. A resolution expressing the GEKAS, and Ms. RIVERS. in the jurisdiction of the committee con- sense of the House regarding the transfer to H.R. 3572: Mr. HOBSON, Mr. TALENT, Mr. cerned. the People’s Republic of China of technology HALL of Ohio, Mr. KUCINICH, Mr. CLEMENT, By Ms. RIVERS: that can be used in the development of stra- Mr. LATOURETTE, Mr. WELDON of Florida, H.R. 3885. A bill to waive interest and pen- tegic nuclear missiles; to the Committee on and Mr. PRICE of North Carolina. alties for failures to file schedule D of Form International Relations. H.R. 3610: Mr. BUNNING of Kentucky, Mr. 1040 with a timely filed return for 1997; to the By Mr. UNDERWOOD: MALONEY of Connecticut, Mr. BOUCHER, Mr. Committee on Ways and Means. H. Res. 439. A resolution concerning India’s WHITFIELD, Mr. SHAYS, Mr. WYNN, and Mr. By Mr. RYUN (for himself, Mr. STUMP, recent detonation of 5 nuclear devices; to the GOODLING. Mr. SAXTON, Mr. TIAHRT, Mr. DICKEY, Committee on International Relations. H.R. 3613: Mr. BRYANT, Mr. GILMAN, and Mr. SNOWBARGER, Mr. WAMP, and Ms. Mrs. MORELLA. f DANNER): H.R. 3636: Mr. SABO, Mr. BARRETT of Wis- H.R. 3886. A bill to prohibit the export of ADDITIONAL SPONSORS consin, and Mr. MCHALE. missile equipment and technology to the H.R. 3637: Mr. HILLIARD, Ms. LOFGREN, Mr. People’s Republic of China; to the Commit- Under clause 4 of rule XXII, sponsors FROST, and Mr. SCHUMER. tee on International Relations. were added to public bills and resolu- H.R. 3650: Mr. ARMEY, Mrs. EMERSON, Mr. By Mr. STUPAK (for himself, Mr. BAR- tions as follows: GILMAN, and Mr. OWENS. RETT of Wisconsin, Mr. BROWN of H.R. 3680: Mr. PETERSON of Pennsylvania, H.R. 26: Mr. OBEY and Mr. GORDON. Ohio, Mr. HOLDEN, Mr. KIND of Wis- Mr. KNOLLENBERG, Mr. SHAYS, Mr. CAL- H.R. 59: Mrs. BONO. consin, Mr. LUTHER, Mr. VENTO, Mr. LAHAN, Mr. HOEKSTRA, and Mr. NORWOOD. H.R. 65: Mr. SESSIONS. SABO, Mrs. THURMAN, Mr. BONIOR, Mr. H.R. 3783: Mr. ENGLISH of Pennsylvania and H.R. 303: Mr. SESSIONS. QUINN, Mr. OBEY, Mr. JOHNSON of Wis- Mr. KIM. H.R. 306: Ms. ROS-LEHTINEN and Mr. PICK- consin, Ms. STABENOW, Mr. KUCINICH, H.R. 3807: Mr. ADERHOLT, Mr. BALLENGER, ETT. and Ms. RIVERS): Mr. BARCIA of Michigan, Mr. BURTON of Indi- H.R. 3887. A bill to prohibit oil and gas H.R. 1126: Mr. BRYANT, Mr. BONIOR, Mrs. ana, Mr. BUYER, Mr. CALLAHAN, Mr. COLLINS, drilling in the Great Lakes; to the Commit- MORELLA, and Mr. MOAKLEY. Mr. COOKSEY, Mr. CRAPO, Mr. DICKEY, Mr. tee on Resources. H.R. 1159: Mr. OLVER. ENGLISH of Pennsylvania, Mr. EVERETT, Mr. H.R. 1165: Mrs. CAPPS. By Mr. TAUZIN (for himself, Mr. BASS, HUTCHINSON, Mr. SAM JOHNSON, Mr. KIM, Mr. H.R. 1173: Mr. BERRY and Mrs. ROUKEMA. Mr. GOODLATTE, Mr. GILLMOR, Mr. LAHOOD, Mr. MCHUGH, Mr. MANZULLO, Mr. H.R. 1241: Mr. SHERMAN. BURR of North Carolina, Mr. SKEEN, MORAN of Kansas, Mr. NETHERCUTT, Mr. H.R. 1356: Mr. KENNEDY of Rhode Island. Mr. FRANKS of New Jersey, and Mr. QUINN, Mr. SENSENBRENNER, and Mr. H.R. 1376: Ms. BROWN of Florida, Mr. BACHUS): SHIMKUS. H.R. 3888. A bill to amend the Communica- FATTAH, Mr. RODRIGUEZ, Mr. MALONEY of H.R. 3822: Mr. NEUMANN. tions Act of 1934 to improve the protection of Connecticut, Mrs. MCCARTHY of New York, H.R. 3841: Mr. KENNEDY of Massachusetts. consumers against ‘‘slamming’’ by tele- and Mr. OWENS. H. Con. Res. 47: Ms. DANNER, Mr. CALVERT, communications carriers, and for other pur- H.R. 1378: Mr. BLILEY. Mr. MCINTYRE, and Mr. BONIOR. poses; to the Committee on Commerce. H.R. 1382: Mrs. KENNELLY of Connecticut H. Con. Res. 203: Mr. SPRATT. H. Con. Res. 210: Mr. NEAL of Massachu- By Mr. UPTON: and Mr. NEAL of Massachusetts. H.R. 3889. A bill to amend the Federal H.R. 1671: Mr. FRANK of Massachusetts. setts and Ms. STABENOW. H. Con. Res. 214: Mr. DUNCAN, Mr. BLILEY, Food, Drug, and Cosmetic Act to strengthen H.R. 1689: Mr. BERRY, Mr. BAESLER, Mr. and Mr. DAVIS of Virginia. controls over tobacco; to the Committee on SISISKY, and Mrs. BONO. H. Con. Res. 271: Ms. WOOLSEY. Commerce. H.R. 1736: Ms. LOFGREN. H. Res. 247: Mr. MCGOVERN. By Mr. DELAY: H.R. 1766: Mr. BUNNING of Kentucky, Mr. H.J. Res. 119. A joint resolution proposing BURR of North Carolina, Mr. GRAHAM, Mr. f an amendment to the Constitution of the HUNTER, Mr. KENNEDY of Rhode Island, Mr. DELETIONS OF SPONSORS FROM LIVINGSTON, MS. MCCARTHY of Missouri, Ms. United States to limit campaign spending; to PUBLIC BILLS AND RESOLUTIONS the Committee on the Judiciary. MCKINNEY, Mr. MOLLOHAN, Mr. PETERSON of By Mr. BLUNT (for himself, Mr. GIL- Pennsylvania, Mr. REYES, Mr. ROGERS, Mr. Under clause 4 of rule XXII, sponsors MAN, Mr. GALLEGLY, Mr. MICA, Mr. SAWYER, Mr. SHIMKUS, and Mr. WEYGAND, were deleted from public bills and reso- BURTON of Indiana, Mr. PITTS, and H.R. 2009: Mr. SANDERS, Mr. SHAW, Mr. lutions as follows: MOAKLEY, and Mr. MCHALE. Mr. BRADY): H.R. 3760: Mr. DAVIS of Illinois. H. Con. Res. 277. Concurrent resolution H.R. 2023: Mr. WYNN. f concerning the New Tribes Mission hostage H.R. 2088: Mr. FROST. crisis; to the Committee on International H.R. 2202: Mr. JEFFERSON. AMENDMENTS Relations. H.R. 2450: Mr. COBURN. By Mr. DELAY: H.R. 2537: Mr. MCINTOSH. Under clause 6 of rule XXIII, pro- H. Res. 432. A resolution expressing the H.R. 2538: Mr. LAZIO of New York. posed amendments were submitted as sense of the House of Representatives con- H.R. 2719: Mrs. TAUSCHER. follows: cerning the President’s assertions of execu- H.R. 2727: Mr. HALL of Texas, Mr. HEFNER, [Submitted May 13, 1998] tive privilege; to the Committee on the Judi- Mr. ENGLISH of Pennsylvania, and Mr. GOOD- H.R. 2183 ciary. LING. OFFERED BY: MR. BASS By Mr. SOLOMON: H.R. 2804: Mr. SCHUMER, Ms. STABENOW, and H. Res. 433. A resolution calling upon the Ms. DELAURO. (Amendment in the Nature of a Substitute) President of the United States to urge full H.R. 2819: Mr. SHAYS, Mr. WEYGAND, and AMENDMENT NO. 1: Strike all after the en- cooperation by his former political ap- Mr. HUTCHINSON. acting clause and insert the following: May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3313 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. donation, or transfer of funds, or spend any mittee of a political party, by an entity that (a) SHORT TITLE.—This Act may be cited as funds, that are not subject to the limita- is established, financed, maintained, or con- the ‘‘Campaign Reform Act of 1998’’. tions, prohibitions, and reporting require- trolled by a national, State, district, or local (b) TABLE OF CONTENTS.—The table of con- ments of this Act. committee of a political party, or by an tents of this Act is as follows: ‘‘(2) APPLICABILITY.—This subsection shall agent or officer of any such committee or en- Sec. 1. Short title; table of contents. apply to an entity that is directly or indi- tity, to raise funds that are used, in whole or rectly established, financed, maintained, or in part, to pay the costs of a Federal election TITLE I—REDUCTION OF SPECIAL controlled by a national committee of a po- activity shall be made from funds subject to INTEREST INFLUENCE litical party (including a national congres- the limitations, prohibitions, and reporting Sec. 101. Soft money of political parties. sional campaign committee of a political requirements of this Act. Sec. 102. Increased contribution limits for party), or an entity acting on behalf of a na- ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- State committees of political tional committee, and an officer or agent tional, State, district, or local committee of parties and aggregate contribu- acting on behalf of any such committee or a political party (including a national con- tion limit for individuals. entity. gressional campaign committee of a political Sec. 103. Reporting requirements. ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- party, an entity that is directly or indirectly TITLE II—INDEPENDENT AND TEES.— established, financed, maintained, or con- COORDINATED EXPENDITURES ‘‘(1) IN GENERAL.—An amount that is ex- trolled by any such national, State, district, Sec. 201. Definitions. pended or disbursed by a State, district, or or local committee or its agent, an agent Sec. 202. Civil penalty. local committee of a political party (includ- acting on behalf of any such party commit- Sec. 203. Reporting requirements for certain ing an entity that is directly or indirectly tee, and an officer or agent acting on behalf independent expenditures. established, financed, maintained, or con- of any such party committee or entity), shall Sec. 204. Independent versus coordinated ex- trolled by a State, district, or local commit- not solicit any funds for, or make or direct penditures by party. tee of a political party and an officer or any donations to, an organization that is de- Sec. 205. Coordination with candidates. agent acting on behalf of such committee or scribed in section 501(c) of the Internal Reve- entity) for Federal election activity shall be TITLE III—DISCLOSURE nue Code of 1986 and exempt from taxation made from funds subject to the limitations, under section 501(a) of such Code (or has sub- Sec. 301. Filing of reports using computers prohibitions, and reporting requirements of mitted an application to the Secretary of the and facsimile machines. this Act. Internal Revenue Service for determination Sec. 302. Prohibition of deposit of contribu- ‘‘(2) FEDERAL ELECTION ACTIVITY.— of tax-exemption under such section). tions with incomplete contribu- ‘‘(A) IN GENERAL.—The term ‘Federal elec- ‘‘(e) CANDIDATES.— tor information. tion activity’ means— ‘‘(1) IN GENERAL.—A candidate, individual Sec. 303. Audits. ‘‘(i) voter registration activity during the holding Federal office, or agent of a can- Sec. 304. Reporting requirements for con- period that begins on the date that is 120 didate or individual holding Federal office tributions of $50 or more. days before the date a regularly scheduled shall not solicit, receive, direct, transfer, or Sec. 305. Use of candidates’ names. Federal election is held and ends on the date spend funds for a Federal election activity Sec. 306. Prohibition of false representation of the election; on behalf of such candidate, individual, to solicit contributions. ‘‘(ii) voter identification, get-out-the-vote agent or any other person, unless the funds Sec. 307. Soft money of persons other than activity, or generic campaign activity con- are subject to the limitations, prohibitions, political parties. ducted in connection with an election in and reporting requirements of this Act. Sec. 308. Campaign advertising. which a candidate for Federal office appears ‘‘(2) STATE LAW.—Paragraph (1) does not TITLE IV—PERSONAL WEALTH OPTION on the ballot (regardless of whether a can- apply to the solicitation or receipt of funds Sec. 401. Voluntary personal funds expendi- didate for State or local office also appears by an individual who is a candidate for a ture limit. on the ballot); and State or local office if the solicitation or re- Sec. 402. Political party committee coordi- ‘‘(iii) a communication that refers to a ceipt of funds is permitted under State law nated expenditures. clearly identified candidate for Federal of- for any activity other than a Federal elec- fice (regardless of whether a candidate for TITLE V—MISCELLANEOUS tion activity. State or local office is also mentioned or Sec. 501. Prohibiting involuntary use of ‘‘(3) FUNDRAISING EVENTS.—Paragraph (1) identified) and is made for the purpose of in- does not apply in the case of a candidate who funds of employees of corpora- fluencing a Federal election (regardless of tions and other employers and attends, speaks, or is a featured guest at a whether the communication is express advo- fundraising event sponsored by a State, dis- members of unions and organi- cacy). zations for political activities. trict, or local committee of a political ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- party.’’. Sec. 502. Use of contributed amounts for cer- eral election activity’ does not include an SEC. 102. INCREASED CONTRIBUTION LIMITS FOR tain purposes. amount expended or disbursed by a State, Sec. 503. Limit on congressional use of the STATE COMMITTEES OF POLITICAL district, or local committee of a political PARTIES AND AGGREGATE CON- franking privilege. party for— TRIBUTION LIMIT FOR INDIVIDUALS. Sec. 504. Prohibition of fundraising on Fed- ‘‘(i) campaign activity conducted solely on (a) CONTRIBUTION LIMIT FOR STATE COMMIT- eral property. behalf of a clearly identified candidate for TEES OF POLITICAL PARTIES.—Section Sec. 505. Penalties for knowing and willful State or local office, provided the campaign 315(a)(1) of the Federal Election Campaign violations. activity is not a Federal election activity de- Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— Sec. 506. Strengthening foreign money ban. scribed in subparagraph (A); (1) in subparagraph (B), by striking ‘‘or’’ at Sec. 507. Prohibition of contributions by mi- ‘‘(ii) a contribution to a candidate for the end; nors. State or local office, provided the contribu- (2) in subparagraph (C)— Sec. 508. Expedited procedures. tion is not designated or used to pay for a (A) by inserting ‘‘(other than a committee Sec. 509. Initiation of enforcement proceed- Federal election activity described in sub- described in subparagraph (D))’’ after ‘‘com- ing. paragraph (A); mittee’’; and TITLE VI—SEVERABILITY; CONSTITU- ‘‘(iii) the costs of a State, district, or local (B) by striking the period at the end and TIONALITY; EFFECTIVE DATE; REGU- political convention; inserting ‘‘; or’’; and LATIONS ‘‘(iv) the costs of grassroots campaign ma- (3) by adding at the end the following: Sec. 601. Severability. terials, including buttons, bumper stickers, ‘‘(D) to a political committee established Sec. 602. Review of constitutional issues. and yard signs, that name or depict only a and maintained by a State committee of a Sec. 603. Effective date. candidate for State or local office; political party in any calendar year that, in Sec. 604. Regulations. ‘‘(v) the non-Federal share of a State, dis- the aggregate, exceed $10,000’’. TITLE I—REDUCTION OF SPECIAL trict, or local party committee’s administra- (b) AGGREGATE CONTRIBUTION LIMIT FOR IN- INTEREST INFLUENCE tive and overhead expenses (but not includ- DIVIDUAL.—Section 315(a)(3) of the Federal ing the compensation in any month of an in- Election Campaign Act of 1971 (2 U.S.C. SEC. 101. SOFT MONEY OF POLITICAL PARTIES. dividual who spends more than 20 percent of 441a(a)(3)) is amended by striking ‘‘$25,000’’ Title III of the Federal Election Campaign the individual’s time on Federal election ac- and inserting ‘‘$30,000’’. Act of 1971 (2 U.S.C. 431 et seq.) is amended tivity) as determined by a regulation pro- SEC. 103. REPORTING REQUIREMENTS. by adding at the end the following: mulgated by the Commission to determine (a) REPORTING REQUIREMENTS.—Section 304 ‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES. the non-Federal share of a State, district, or of the Federal Election Campaign Act of 1971 ‘‘(a) NATIONAL COMMITTEES.— local party committee’s administrative and (2 U.S.C. 434) (as amended by section 203) is ‘‘(1) IN GENERAL.—A national committee of overhead expenses; and amended by inserting after subsection (d) the a political party (including a national con- ‘‘(vi) the cost of constructing or purchas- following: gressional campaign committee of a political ing an office facility or equipment for a ‘‘(e) POLITICAL COMMITTEES.— party) and any officers or agents of such State, district or local committee. ‘‘(1) NATIONAL AND CONGRESSIONAL POLITI- party committees, shall not solicit, receive, ‘‘(c) FUNDRAISING COSTS.—An amount spent CAL COMMITTEES.—The national committee of or direct to another person a contribution, by a national, State, district, or local com- a political party, any national congressional H3314 CONGRESSIONAL RECORD — HOUSE May 14, 1998 campaign committee of a political party, sition on a campaign issue of 2 or more can- person shall file an additional report within and any subordinate committee of either, didates; 24 hours after each time the person makes or shall report all receipts and disbursements ‘‘(ii) that is not made in coordination with contracts to make independent expenditures during the reporting period. a candidate, political party, or agent of the aggregating an additional $1,000 with respect ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH candidate or party; or a candidate’s agent or to the same election as that to which the ini- SECTION 323 APPLIES.—A political committee a person who is coordinating with a can- tial report relates. (not described in paragraph (1)) to which sec- didate or a candidate’s agent; and ‘‘(2) EXPENDITURES AGGREGATING $10,000.— tion 323(b)(1) applies shall report all receipts ‘‘(iii) does not contain a phrase such as ‘‘(A) INITIAL REPORT.—A person (including and disbursements made for activities de- ‘vote for’, ‘re-elect’, ‘support’, ‘cast your bal- a political committee) that makes or con- scribed in subparagraphs (A) and (B)(v) of lot for’, ‘(name of candidate) for Congress’, tracts to make independent expenditures ag- section 323(b)(2). ‘(name of candidate) in 1997’, ‘vote against’, gregating $10,000 or more at any time up to ‘‘(3) ITEMIZATION.—If a political committee ‘defeat’, or ‘reject’, or a campaign slogan or and including the 20th day before the date of has receipts or disbursements to which this words that in context can have no reasonable an election shall file a report describing the subsection applies from any person aggregat- meaning other than to urge the election or expenditures within 48 hours after that ing in excess of $200 for any calendar year, defeat of 1 or more clearly identified can- amount of independent expenditures has the political committee shall separately didates.’’. been made. itemize its reporting for such person in the (c) DEFINITION OF EXPENDITURE.—Section ‘‘(B) ADDITIONAL REPORTS.—After a person same manner as required in paragraphs 301(9)(A) of the Federal Election Campaign files a report under subparagraph (A), the (3)(A), (5), and (6) of subsection (b). Act of 1971 (2 U.S.C. 431(9)(A)) is amended— person shall file an additional report within ‘‘(4) REPORTING PERIODS.—Reports required (1) in clause (i), by striking ‘‘and’’ at the 48 hours after each time the person makes or to be filed under this subsection shall be end; contracts to make independent expenditures filed for the same time periods required for (2) in clause (ii), by striking the period at aggregating an additional $10,000 with re- political committees under subsection (a).’’. the end and inserting ‘‘; and’’; and spect to the same election as that to which (b) BUILDING FUND EXCEPTION TO THE DEFI- (3) by adding at the end the following: the initial report relates. NITION OF CONTRIBUTION.—Section 301(8)(B) of ‘‘(iii) a payment for a communication that ‘‘(3) PLACE OF FILING; CONTENTS.—A report the Federal Election Campaign Act of 1971 (2 is express advocacy; and under this subsection— U.S.C. 431(8)(B)) is amended— ‘‘(iv) a payment made by a person for a ‘‘(A) shall be filed with the Commission; (1) by striking clause (viii); and communication that— and (2) by redesignating clauses (ix) through ‘‘(I) refers to a clearly identified candidate; ‘‘(B) shall contain the information required (xiv) as clauses (viii) through (xiii), respec- ‘‘(II) is provided in coordination with the by subsection (b)(6)(B)(iii), including the tively. candidate, the candidate’s agent, or the po- name of each candidate whom an expendi- TITLE II—INDEPENDENT AND litical party of the candidate; and ture is intended to support or oppose.’’. COORDINATED EXPENDITURES ‘‘(III) is for the purpose of influencing a SEC. 204. INDEPENDENT VERSUS COORDINATED SEC. 201. DEFINITIONS. Federal election (regardless of whether the EXPENDITURES BY PARTY. (a) DEFINITION OF INDEPENDENT EXPENDI- communication is express advocacy).’’. Section 315(d) of the Federal Election Cam- TURE.—Section 301 of the Federal Election SEC. 202. CIVIL PENALTY. paign Act (2 U.S.C. 441a(d)) is amended— Campaign Act (2 U.S.C. 431) is amended by Section 309 of the Federal Election Cam- (1) in paragraph (1), by striking ‘‘and (3)’’ striking paragraph (17) and inserting the fol- paign Act of 1971 (2 U.S.C. 437g) is amended— and inserting ‘‘, (3), and (4)’’; and lowing: (1) in subsection (a)— (2) by adding at the end the following: ‘‘(17) INDEPENDENT EXPENDITURE.— (A) in paragraph (4)(A)— ‘‘(4) INDEPENDENT VERSUS COORDINATED EX- N GENERAL ‘‘(A) I .—The term ‘independent (i) in clause (i), by striking ‘‘clause (ii)’’ PENDITURES BY PARTY.— expenditure’ means an expenditure by a per- and inserting ‘‘clauses (ii) and (iii)’’; and ‘‘(A) IN GENERAL.—On or after the date on son— (ii) by adding at the end the following: which a political party nominates a can- ‘‘(i) for a communication that is express ‘‘(iii) If the Commission determines by an didate, a committee of the political party advocacy; and affirmative vote of 4 of its members that shall not make both expenditures under this ‘‘(ii) that is not provided in coordination there is probable cause to believe that a per- subsection and independent expenditures (as with a candidate or a candidate’s agent or a son has made a knowing and willful violation defined in section 301(17)) with respect to the person who is coordinating with a candidate of section 304(c), the Commission shall not candidate during the election cycle. or a candidate’s agent.’’. enter into a conciliation agreement under ‘‘(B) CERTIFICATION.—Before making a co- (b) DEFINITION OF EXPRESS ADVOCACY.— this paragraph and may institute a civil ac- ordinated expenditure under this subsection Section 301 of the Federal Election Cam- tion for relief under paragraph (6)(A).’’; and with respect to a candidate, a committee of paign Act of 1971 (2 U.S.C. 431) is amended by (B) in paragraph (6)(B), by inserting ‘‘(ex- a political party shall file with the Commis- adding at the end the following: cept an action instituted in connection with sion a certification, signed by the treasurer ‘‘(20) EXPRESS ADVOCACY.— a knowing and willful violation of section of the committee, that the committee has ‘‘(A) IN GENERAL.—The term ‘express advo- 304(c))’’ after ‘‘subparagraph (A)’’; and not and shall not make any independent ex- cacy’ means a communication that advo- (2) in subsection (d)(1)— penditure with respect to the candidate dur- cates the election or defeat of a candidate (A) in subparagraph (A), by striking ‘‘Any ing the same election cycle. by— person’’ and inserting ‘‘Except as provided in ‘‘(C) APPLICATION.—For the purposes of ‘‘(i) containing a phrase such as ‘vote for’, subparagraph (D), any person’’; and this paragraph, all political committees es- ‘re-elect’, ‘support’, ‘cast your ballot for’, (B) by adding at the end the following: tablished and maintained by a national po- ‘(name of candidate) for Congress’, ‘(name of ‘‘(D) In the case of a knowing and willful litical party (including all congressional candidate) in 1997’, ‘vote against’, ‘defeat’, violation of section 304(c) that involves the ‘reject’, or a campaign slogan or words that reporting of an independent expenditure, the campaign committees) and all political com- in context can have no reasonable meaning violation shall not be subject to this sub- mittees established and maintained by a other than to advocate the election or defeat section.’’. State political party (including any subordi- nate committee of a State committee) shall of 1 or more clearly identified candidates; SEC. 203. REPORTING REQUIREMENTS FOR CER- ‘‘(ii) referring to 1 or more clearly identi- TAIN INDEPENDENT EXPENDITURES. be considered to be a single political com- fied candidates in a paid advertisement that Section 304 of the Federal Election Cam- mittee. is broadcast by a radio broadcast station or paign Act of 1971 (2 U.S.C. 434) is amended— ‘‘(D) TRANSFERS.—A committee of a politi- a television broadcast station within 60 cal- (1) in subsection (c)(2), by striking the un- cal party that submits a certification under endar days preceding the date of an election designated matter after subparagraph (C); subparagraph (B) with respect to a candidate of the candidate and that appears in the (2) by redesignating paragraph (3) of sub- shall not, during an election cycle, transfer State in which the election is occurring, ex- section (c) as subsection (f); and any funds to, assign authority to make co- cept that with respect to a candidate for the (3) by inserting after subsection (c)(2) (as ordinated expenditures under this subsection office of Vice President or President, the amended by paragraph (1)) the following: to, or receive a transfer of funds from, a time period is within 60 calendar days pre- ‘‘(d) TIME FOR REPORTING CERTAIN EXPEND- committee of the political party that has ceding the date of a general election; or ITURES.— made or intends to make an independent ex- ‘‘(iii) expressing unmistakable and unam- ‘‘(1) EXPENDITURES AGGREGATING $1,000.— penditure with respect to the candidate.’’. biguous support for or opposition to 1 or ‘‘(A) INITIAL REPORT.—A person (including SEC. 205. COORDINATION WITH CANDIDATES. more clearly identified candidates when a political committee) that makes or con- (a) DEFINITION OF COORDINATION WITH CAN- taken as a whole and with limited reference tracts to make independent expenditures ag- DIDATES.— to external events, such as proximity to an gregating $1,000 or more after the 20th day, (1) SECTION 301(8).—Section 301(8) of the Fed- election. but more than 24 hours, before the date of an eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(B) VOTING RECORD AND VOTING GUIDE EX- election shall file a report describing the ex- 431(8)) is amended— CEPTION.—The term ‘express advocacy’ does penditures within 24 hours after that amount (A) in subparagraph (A)— not include a printed communication that— of independent expenditures has been made. (i) by striking ‘‘or’’ at the end of clause (i); ‘‘(i) presents information in an educational ‘‘(B) ADDITIONAL REPORTS.—After a person (ii) by striking the period at the end of manner solely about the voting record or po- files a report under subparagraph (A), the clause (ii) and inserting ‘‘; or’’; and May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3315 (iii) by adding at the end the following: ‘‘(x) the provision of in-kind professional amount of contributions in excess of $200 ‘‘(iii) anything of value provided by a per- services or polling data to the candidate or during a calendar year unless the treasurer son in coordination with a candidate for the candidate’s agent. verifies that the information required by purpose of influencing a Federal election, re- ‘‘(D) For purposes of subparagraph (C), the this section with respect to the contributor gardless of whether the value being provided term ‘professional services’ includes services is complete.’’. is a communication that is express advocacy, in support of a candidate’s pursuit of nomi- SEC. 303. AUDITS. in which such candidate seeks nomination or nation for election, or election, to Federal (a) RANDOM AUDITS.—Section 311(b) of the election to Federal office.’’; and office such as polling, media advice, direct Federal Election Campaign Act of 1971 (2 (B) by adding at the end the following: mail, fundraising, or campaign research. U.S.C. 438(b)) is amended— ‘‘(C) The term ‘provided in coordination ‘‘(E) For purposes of subparagraph (C), all (1) by inserting ‘‘(1) IN GENERAL.—’’ before with a candidate’ includes— political committees established and main- ‘‘The Commission’’; and ‘‘(i) a payment made by a person in co- tained by a national political party (includ- (2) by adding at the end the following: operation, consultation, or concert with, at ing all congressional campaign committees) ‘‘(2) RANDOM AUDITS.— the request or suggestion of, or pursuant to and all political committees established and ‘‘(A) IN GENERAL.—Notwithstanding para- any general or particular understanding with maintained by a State political party (in- graph (1), the Commission may conduct ran- a candidate, the candidate’s authorized com- cluding any subordinate committee of a dom audits and investigations to ensure vol- mittee, or an agent acting on behalf of a can- State committee) shall be considered to be a untary compliance with this Act. The selec- didate or authorized committee; single political committee.’’. tion of any candidate for a random audit or ‘‘(ii) a payment made by a person for the (2) SECTION 315(a)(7).—Section 315(a)(7) (2 investigation shall be based on criteria production, dissemination, distribution, or U.S.C. 441a(a)(7)) is amended by striking sub- adopted by a vote of at least 4 members of republication, in whole or in part, of any paragraph (B) and inserting the following: the Commission. broadcast or any written, graphic, or other ‘‘(B) a thing of value provided in coordina- ‘‘(B) LIMITATION.—The Commission shall form of campaign material prepared by a tion with a candidate, as described in section not conduct an audit or investigation of a candidate, a candidate’s authorized commit- 301(8)(A)(iii), shall be considered to be a con- candidate’s authorized committee under sub- tee, or an agent of a candidate or authorized tribution to the candidate, and in the case of paragraph (A) until the candidate is no committee (not including a communication a limitation on expenditures, shall be treat- longer a candidate for the office sought by described in paragraph (9)(B)(i) or a commu- ed as an expenditure by the candidate. the candidate in an election cycle. nication that expressly advocates the can- (b) MEANING OF CONTRIBUTION OR EXPENDI- ‘‘(C) APPLICABILITY.—This paragraph does didate’s defeat); TURE FOR THE PURPOSES OF SECTION 316.— not apply to an authorized committee of a ‘‘(iii) a payment made by a person based on Section 316(b)(2) of the Federal Election candidate for President or Vice President information about a candidate’s plans, Campaign Act of 1971 (2 U.S.C. 441b(b)) is subject to audit under section 9007 or 9038 of projects, or needs provided to the person amended by striking ‘‘shall include’’ and in- the Internal Revenue Code of 1986.’’. making the payment by the candidate or the serting ‘‘includes a contribution or expendi- (b) EXTENSION OF PERIOD DURING WHICH candidate’s agent who provides the informa- ture, as those terms are defined in section CAMPAIGN AUDITS MAY BE BEGUN.—Section tion with the intent that the payment be 301, and also includes’’. 311(b) of the Federal Election Campaign Act made; TITLE III—DISCLOSURE of 1971 (2 U.S.C. 438(b)) is amended by strik- ‘‘(iv) a payment made by a person if, in the SEC. 301. FILING OF REPORTS USING COMPUT- ing ‘‘6 months’’ and inserting ‘‘12 months’’. same election cycle in which the payment is ERS AND FACSIMILE MACHINES. SEC. 304. REPORTING REQUIREMENTS FOR CON- made, the person making the payment is Section 302(a) of the Federal Election Cam- TRIBUTIONS OF $50 OR MORE. serving or has served as a member, em- paign Act of 1971 (2 U.S.C. 434(a)) is amended Section 304(b)(3)(A) of the Federal Election ployee, fundraiser, or agent of the can- by striking paragraph (11) and inserting the Campaign Act of 1971 (2 U.S.C. 434(b)(3)(A)) is didate’s authorized committee in an execu- following: amended— tive or policymaking position; ‘‘(11)(A) The Commission shall promulgate (1) by striking ‘‘$200’’ and inserting ‘‘$50’’; ‘‘(v) a payment made by a person if the a regulation under which a person required and person making the payment has served in to file a designation, statement, or report (2) by striking the semicolon and inserting any formal policymaking or advisory posi- under this Act— ‘‘, except that in the case of a person who tion with the candidate’s campaign or has ‘‘(i) is required to maintain and file a des- makes contributions aggregating at least $50 participated in formal strategic or formal ignation, statement, or report for any cal- but not more than $200 during the calendar policymaking discussions with the can- endar year in electronic form accessible by year, the identification need include only didate’s campaign relating to the candidate’s computers if the person has, or has reason to the name and address of the person;’’. pursuit of nomination for election, or elec- expect to have, aggregate contributions or SEC. 305. USE OF CANDIDATES’ NAMES. tion, to Federal office, in the same election expenditures in excess of a threshold amount Section 302(e) of the Federal Election Cam- cycle as the election cycle in which the pay- determined by the Commission; and paign Act of 1971 (2 U.S.C. 432(e)) is amended ment is made; ‘‘(ii) may maintain and file a designation, by striking paragraph (4) and inserting the ‘‘(vi) a payment made by a person if, in the statement, or report in electronic form or an following: same election cycle, the person making the alternative form, including the use of a fac- ‘‘(4)(A) The name of each authorized com- payment retains the professional services of simile machine, if not required to do so mittee shall include the name of the can- any person that has provided or is providing under the regulation promulgated under didate who authorized the committee under campaign-related services in the same elec- clause (i). paragraph (1). tion cycle to a candidate in connection with ‘‘(B) The Commission shall make a des- ‘‘(B) A political committee that is not an the candidate’s pursuit of nomination for ignation, statement, report, or notification authorized committee shall not— election, or election, to Federal office, in- that is filed electronically with the Commis- ‘‘(i) include the name of any candidate in cluding services relating to the candidate’s sion accessible to the public on the Internet its name; or decision to seek Federal office, and the per- not later than 24 hours after the designation, ‘‘(ii) except in the case of a national, State, son retained is retained to work on activities statement, report, or notification is received or local party committee, use the name of relating to that candidate’s campaign; by the Commission. any candidate in any activity on behalf of ‘‘(vii) a payment made by a person who has ‘‘(C) In promulgating a regulation under the committee in such a context as to sug- engaged in a coordinated activity with a can- this paragraph, the Commission shall pro- gest that the committee is an authorized didate described in clauses (i) through (vi) vide methods (other than requiring a signa- committee of the candidate or that the use for a communication that clearly refers to ture on the document being filed) for verify- of the candidate’s name has been authorized the candidate and is for the purpose of influ- ing designations, statements, and reports by the candidate.’’. encing an election (regardless of whether the covered by the regulation. Any document SEC. 306. PROHIBITION OF FALSE REPRESENTA- communication is express advocacy); verified under any of the methods shall be TION TO SOLICIT CONTRIBUTIONS. ‘‘(viii) direct participation by a person in treated for all purposes (including penalties Section 322 of the Federal Election Cam- fundraising activities with the candidate or for perjury) in the same manner as a docu- paign Act of 1971 (2 U.S.C. 441h) is amended— in the solicitation or receipt of contributions ment verified by signature.’’. (1) by inserting after ‘‘SEC. 322.’’ the fol- on behalf of the candidate; SEC. 302. PROHIBITION OF DEPOSIT OF CON- lowing: ‘‘(a) IN GENERAL.—’’; and ‘‘(ix) communication by a person with the TRIBUTIONS WITH INCOMPLETE (2) by adding at the end the following: candidate or an agent of the candidate, oc- CONTRIBUTOR INFORMATION. ‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No curring after the declaration of candidacy Section 302 of Federal Election Campaign person shall solicit contributions by falsely (including a pollster, media consultant, ven- Act of 1971 (2 U.S.C. 432) is amended by add- representing himself or herself as a can- dor, advisor, or staff member), acting on be- ing at the end the following: didate or as a representative of a candidate, half of the candidate, about advertising mes- ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- a political committee, or a political party.’’. sage, allocation of resources, fundraising, or urer of a candidate’s authorized committee SEC. 307. SOFT MONEY OF PERSONS OTHER THAN other campaign matters related to the can- shall not deposit, except in an escrow ac- POLITICAL PARTIES. didate’s campaign, including campaign oper- count, or otherwise negotiate a contribution (a) IN GENERAL.—Section 304 of the Federal ations, staffing, tactics, or strategy; or from a person who makes an aggregate Election Campaign Act of 1971 (2 U.S.C. 434) H3316 CONGRESSIONAL RECORD — HOUSE May 14, 1998 (as amended by section 103(c) and section 203) ‘‘(3) be printed with a reasonable degree of tion ballot occurs after September 1, the is amended by adding at the end the follow- color contrast between the background and date on which the candidate wins the pri- ing: the printed statement. mary or runoff election. ‘‘(g) DISBURSEMENTS OF PERSONS OTHER ‘‘(d)(1) Any broadcast or cablecast commu- ‘‘(b) PERSONAL FUNDS EXPENDITURE THAN POLITICAL PARTIES.— nication described in paragraphs (1) or (2) of LIMIT.— ‘‘(1) IN GENERAL.—A person, other than a subsection (a) shall include, in addition to ‘‘(1) IN GENERAL.—The aggregate amount of political committee or a person described in the requirements of that paragraph, an audio expenditures that may be made in connec- section 501(d) of the Internal Revenue Code statement by the candidate that identifies tion with an election by an eligible House of 1986, that makes an aggregate amount of the candidate and states that the candidate candidate or the candidate’s authorized com- disbursements in excess of $50,000 during a has approved the communication. mittees from the sources described in para- calendar year for activities described in ‘‘(2) If a broadcast or cablecast commu- graph (2) shall not exceed $50,000. paragraph (2) shall file a statement with the nication described in paragraph (1) is broad- ‘‘(2) SOURCES.—A source is described in this Commission— cast or cablecast by means of television, the paragraph if the source is— ‘‘(A) on a monthly basis as described in communication shall include, in addition to ‘‘(A) personal funds of the candidate and subsection (a)(4)(B); or the audio statement under paragraph (1), a members of the candidate’s immediate fam- ‘‘(B) in the case of disbursements that are written statement that— ily; or made within 20 days of an election, within 24 ‘‘(A) appears at the end of the communica- ‘‘(B) proceeds of indebtedness incurred by hours after the disbursements are made. tion in a clearly readable manner with a rea- the candidate or a member of the candidate’s ‘‘(2) ACTIVITY.—The activity described in sonable degree of color contrast between the immediate family. this paragraph is— background and the printed statement, for a ‘‘(c) CERTIFICATION BY THE COMMISSION.— ‘‘(A) Federal election activity; period of at least 4 seconds; and ‘‘(1) IN GENERAL.—The Commission shall ‘‘(B) an activity described in section ‘‘(B) is accompanied by a clearly identifi- determine whether a candidate has met the 316(b)(2)(A) that expresses support for or op- able photographic or similar image of the requirements of this section and, based on position to a candidate for Federal office or candidate. the determination, issue a certification stat- a political party; and ‘‘(e) Any broadcast or cablecast commu- ing whether the candidate is an eligible ‘‘(C) an activity described in subparagraph nication described in paragraph (3) of sub- House candidate. (C) of section 316(b)(2). section (a) shall include, in addition to the ‘‘(2) TIME FOR CERTIFICATION.—Not later ‘‘(3) APPLICABILITY.—This subsection does requirements of that paragraph, in a clearly than 7 business days after a candidate files a not apply to— spoken manner, the following statement: declaration under paragraph (1) or (2) of sub- llllllll ‘‘(A) a candidate or a candidate’s author- ‘ is responsible for the con- section (a), the Commission shall certify ized committees; or tent of this advertisement.’ (with the blank whether the candidate is an eligible House ‘‘(B) an independent expenditure. to be filled in with the name of the political candidate. ‘‘(4) CONTENTS.—A statement under this committee or other person paying for the ‘‘(3) REVOCATION.—The Commission shall section shall contain such information about communication and the name of any con- revoke a certification under paragraph (1), the disbursements made during the reporting nected organization of the payor). If broad- based on information submitted in such form period as the Commission shall prescribe, in- cast or cablecast by means of television, the and manner as the Commission may require cluding— statement shall also appear in a clearly read- or on information that comes to the Com- ‘‘(A) the aggregate amount of disburse- able manner with a reasonable degree of mission by other means, if the Commission ments made; color contrast between the background and determines that a candidate violates the per- ‘‘(B) the name and address of the person or the printed statement, for a period of at sonal funds expenditure limit. entity to whom a disbursement is made in an least 4 seconds.’’. ‘‘(4) DETERMINATIONS BY COMMISSION.—A aggregate amount in excess of $200; TITLE IV—PERSONAL WEALTH OPTION determination made by the Commission under this subsection shall be final, except ‘‘(C) the date made, amount, and purpose SEC. 401. VOLUNTARY PERSONAL FUNDS EX- of the disbursement; and PENDITURE LIMIT. to the extent that the determination is sub- ‘‘(D) if applicable, whether the disburse- Title III of the Federal Election Campaign ject to examination and audit by the Com- ment was in support of, or in opposition to, Act of 1971 (2 U.S.C. 431 et seq.) (as amended mission and to judicial review. ‘‘(d) PENALTY.—If the Commission revokes a candidate or a political party, and the by section 101) is amended by adding at the the certification of an eligible House can- name of the candidate or the political end the following: didate— party.’’. ‘‘SEC. 324. VOLUNTARY PERSONAL FUNDS EX- ‘‘(1) the Commission shall notify the can- PENDITURE LIMIT. (b) DEFINITION OF GENERIC CAMPAIGN AC- didate of the revocation; and ‘‘(a) ELIGIBLE HOUSE CANDIDATE.— TIVITY.—Section 301 of the Federal Election ‘‘(2) the candidate and a candidate’s au- ‘‘(1) PRIMARY ELECTION.— Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as thorized committees shall pay to the Com- ‘‘(A) DECLARATION.—A candidate is an eli- amended by section 201(b)) is further amend- mission an amount equal to the amount of gible primary election House candidate if the ed by adding at the end the following: expenditures made by a national committee candidate files with the Commission a dec- ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The of a political party or a State committee of laration that the candidate and the can- term ‘generic campaign activity’ means an a political party in connection with the gen- didate’s authorized committees will not activity that promotes a political party and eral election campaign of the candidate make expenditures in excess of the personal does not promote a candidate or non-Federal under section 315(d).’’. funds expenditure limit. candidate.’’. SEC. 402. POLITICAL PARTY COMMITTEE COORDI- ‘‘(B) TIME TO FILE.—The declaration under SEC. 308. CAMPAIGN ADVERTISING. NATED EXPENDITURES. subparagraph (A) shall be filed not later than Section 315(d) of the Federal Election Cam- Section 318 of the Federal Election Cam- the date on which the candidate files with paign Act of 1971 (2 U.S.C. 441d) is amended— paign Act of 1971 (2 U.S.C. 441a(d)) (as amend- the appropriate State officer as a candidate ed by section 204) is amended by adding at (1) in subsection (a)— for the primary election. (A) in the matter preceding paragraph (1)— the end the following: ‘‘(2) GENERAL ELECTION.— ‘‘(5) This subsection does not apply to ex- (i) by striking ‘‘Whenever’’ and inserting ‘‘(A) DECLARATION.—A candidate is an eli- penditures made in connection with the gen- ‘‘Whenever a political committee makes a gible general election House candidate if the eral election campaign of a candidate for the disbursement for the purpose of financing candidate files with the Commission— House of Representatives who is not an eligi- any communication through any broadcast- ‘‘(i) a declaration under penalty of perjury, ble House candidate (as defined in section ing station, newspaper, magazine, outdoor with supporting documentation as required 324(a)).’’. advertising facility, mailing, or any other by the Commission, that the candidate and TITLE V—MISCELLANEOUS type of general public political advertising, the candidate’s authorized committees did or whenever’’; not exceed the personal funds expenditure SEC. 501. PROHIBITING INVOLUNTARY USE OF (ii) by striking ‘‘an expenditure’’ and in- limit in connection with the primary elec- FUNDS OF EMPLOYEES OF COR- serting ‘‘a disbursement’’; and PORATIONS AND OTHER EMPLOY- tion; and ERS AND MEMBERS OF UNIONS AND (iii) by striking ‘‘direct’’; and ‘‘(ii) a declaration that the candidate and ORGANIZATIONS FOR POLITICAL AC- (B) in paragraph (3), by inserting ‘‘and per- the candidate’s authorized committees will TIVITIES. manent street address’’ after ‘‘name’’; and not make expenditures in excess of the per- (a) IN GENERAL.—Section 316 of the Federal (2) by adding at the end the following: sonal funds expenditure limit. Election Campaign Act of 1971 (2 U.S.C. 441b) ‘‘(c) Any printed communication described ‘‘(B) TIME TO FILE.—The declaration under is amended by adding at the end the follow- in subsection (a) shall— subparagraph (A) shall be filed not later than ing new subsection: ‘‘(1) be of sufficient type size to be clearly 7 days after the earlier of— ‘‘(c)(1)(A) Except with the separate, prior, readable by the recipient of the communica- ‘‘(i) the date on which the candidate quali- written, voluntary authorization of the indi- tion; fies for the general election ballot under vidual involved, it shall be unlawful— ‘‘(2) be contained in a printed box set apart State law; or ‘‘(i) for any national bank or corporation from the other contents of the communica- ‘‘(ii) if under State law, a primary or run- described in this section to collect from or tion; and off election to qualify for the general elec- assess a stockholder or employee any portion May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3317 of any dues, initiation fee, or other payment by striking section 313 and inserting the fol- the discharge of official duties by an officer made as a condition of employment which lowing: or employee of the United States, from any will be used for political activity in which ‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR person. the national bank or corporation is engaged; CERTAIN PURPOSES. ‘‘(2) PENALTY.—A person who violates this and ‘‘(a) PERMITTED USES.—A contribution ac- section shall be fined not more than $5,000, ‘‘(ii) for any labor organization described cepted by a candidate, and any other amount imprisoned more than 3 years, or both.’’; and in this section to collect from or assess a received by an individual as support for ac- (2) by inserting in subsection (b) after member or nonmember any portion of any tivities of the individual as a holder of Fed- ‘‘Congress’’ ‘‘or Executive Office of the dues, initiation fee, or other payment which eral office, may be used by the candidate or President’’. will be used for political activity in which individual— SEC. 505. PENALTIES FOR KNOWING AND WILL- the labor organization is engaged. ‘‘(1) for expenditures in connection with FUL VIOLATIONS. ‘‘(B) An authorization described in sub- the campaign for Federal office of the can- paragraph (A) shall remain in effect until re- didate or individual; (a) INCREASED PENALTIES.—Section 309(a) voked and may be revoked at any time. Each ‘‘(2) for ordinary and necessary expenses of the Federal Election Campaign Act of 1971 entity collecting from or assessing amounts incurred in connection with duties of the in- (2 U.S.C. 437g(a)) is amended— from an individual with an authorization in dividual as a holder of Federal office; (1) in paragraphs (5)(A), (6)(A), and (6)(B), effect under such subparagraph shall provide ‘‘(3) for contributions to an organization by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; the individual with a statement that the in- described in section 170(c) of the Internal and dividual may at any time revoke the author- Revenue Code of 1986; or (2) in paragraphs (5)(B) and (6)(C), by strik- ization. ‘‘(4) for transfers to a national, State, or ing ‘‘$10,000 or an amount equal to 200 per- ‘‘(2)(A) Prior to the beginning of any 12- local committee of a political party. cent’’ and inserting ‘‘$20,000 or an amount month period (as determined by the corpora- ‘‘(b) PROHIBITED USE.— equal to 300 percent’’. tion), each corporation described in this sec- ‘‘(1) IN GENERAL.—A contribution or (b) EQUITABLE REMEDIES.—Section tion shall provide each of its shareholders amount described in subsection (a) shall not 309(a)(5)(A) of the Federal Election Campaign with a notice containing the following: be converted by any person to personal use. Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by ‘‘(i) The proposed aggregate amount for ‘‘(2) CONVERSION.—For the purposes of striking the period at the end and inserting disbursements for political activities by the paragraph (1), a contribution or amount ‘‘, and may include equitable remedies or corporation for the period. shall be considered to be converted to per- penalties, including disgorgement of funds to ‘‘(ii) The individual’s applicable percentage sonal use if the contribution or amount is the Treasury or community service require- and applicable pro rata amount for the pe- used to fulfill any commitment, obligation, ments (including requirements to participate riod. or expense of a person that would exist irre- in public education programs).’’. ‘‘(iii) A form that the individual may com- spective of the candidate’s election cam- (c) AUTOMATIC PENALTY FOR LATE FILING.— plete and return to the corporation to indi- paign or individual’s duties as a holder of Section 309(a) of the Federal Election Cam- cate the individual’s objection to the dis- Federal officeholder, including— paign Act of 1971 (2 U.S.C. 437g(a)) is amend- bursement of amounts for political activities ‘‘(A) a home mortgage, rent, or utility pay- ed— during the period. ment; ‘‘(B) It shall be unlawful for a corporation (1) by adding at the end the following: ‘‘(B) a clothing purchase; ‘‘(13) LTY FOR LATE FILING.— to which subparagraph (A) applies to make ‘‘(C) a noncampaign-related automobile ex- disbursements for political activities during ‘‘(A) IN GENERAL.— pense; ‘‘(i) MONETARY PENALTIES.—The Commis- the 12-month period described in such sub- ‘‘(D) a country club membership; paragraph in an amount greater than— sion shall establish a schedule of mandatory ‘‘(E) a vacation or other noncampaign-re- monetary penalties that shall be imposed by ‘‘(i) the proposed aggregate amount for lated trip; such disbursements for the period, as speci- the Commission for failure to meet a time ‘‘(F) a household food item; requirement for filing under section 304. fied in the notice provided under subpara- ‘‘(G) a tuition payment; graph (A); reduced by ‘‘(ii) REQUIRED FILING.—In addition to im- ‘‘(H) admission to a sporting event, con- posing a penalty, the Commission may re- ‘‘(ii) the sum of the applicable pro rata cert, theater, or other form of entertainment amounts for such period of all shareholders quire a report that has not been filed within not associated with an election campaign; the time requirements of section 304 to be who return the form described in subpara- and graph (A)(iii) to the corporation prior to the filed by a specific date. ‘‘(I) dues, fees, and other payments to a ‘‘(iii) PROCEDURE.—A penalty or filing re- beginning of the period. health club or recreational facility.’’. ‘‘(C) In this paragraph, the following defi- quirement imposed under this paragraph nitions shall apply: SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE shall not be subject to paragraph (1), (2), (3), ‘‘(i) The term ‘applicable percentage’ FRANKING PRIVILEGE. (4), (5), or (12). means, with respect to a shareholder of a Section 3210(a)(6) of title 39, United States ‘‘(B) FILING AN EXCEPTION.— corporation, the amount (expressed as a per- Code, is amended by striking subparagraph ‘‘(i) TIME TO FILE.—A political committee centage) equal to the number of shares of the (A) and inserting the following: shall have 30 days after the imposition of a corporation (within a particular class or ‘‘(A) A Member of Congress shall not mail penalty or filing requirement by the Com- type of stock) owned by the shareholder at any mass mailing as franked mail during a mission under this paragraph in which to file the time the notice described in subpara- year in which there will be an election for an exception with the Commission. graph (A) is provided, divided by the aggre- the seat held by the Member during the pe- ‘‘(ii) TIME FOR COMMISSION TO RULE.—With- gate number of such shares owned by all riod between January 1 of that year and the in 30 days after receiving an exception, the shareholders of the corporation at such time. date of the general election for that Office, Commission shall make a determination ‘‘(ii) The term ‘applicable pro rata amount’ unless the Member has made a public an- that is a final agency action subject to ex- means, with respect to a shareholder for a 12- nouncement that the Member will not be a clusive review by the United States Court of month period, the product of the sharehold- candidate for reelection to that year or for Appeals for the District of Columbia Circuit er’s applicable percentage for the period and election to any other Federal office.’’. under section 706 of title 5, United States the proposed aggregate amount for disburse- SEC. 504. PROHIBITION OF FUNDRAISING ON Code, upon petition filed in that court by the ments for political activities by the corpora- FEDERAL PROPERTY. political committee or treasurer that is the tion for the period, as specified in the notice Section 607 of title 18, United States Code, subject of the agency action, if the petition provided under subparagraph (A). is amended— is filed within 30 days after the date of the ‘‘(3) For purposes of this subsection, the (1) by striking subsection (a) and inserting Commission action for which review is term ‘political activity’ means any activity the following: sought.’’; carried out for the purpose of influencing (in ‘‘(a) PROHIBITION.— (2) in paragraph (5)(D)— whole or in part) any election for Federal of- ‘‘(1) IN GENERAL.—It shall be unlawful for (A) by inserting after the first sentence the fice, influencing the consideration or out- any person to solicit or receive a donation of following: ‘‘In any case in which a penalty or come of any Federal legislation or the money or other thing of value for a political filing requirement imposed on a political issuance or outcome of any Federal regula- committee or a candidate for Federal, State committee or treasurer under paragraph (13) tions, or educating individuals about can- or local office from a person who is located has not been satisfied, the Commission may didates for election for Federal office or any in a room or building occupied in the dis- institute a civil action for enforcement Federal legislation, law, or regulations.’’. charge of official duties by an officer or em- under paragraph (6)(A).’’; and (b) EFFECTIVE DATE.—The amendment ployee of the United States. An individual (B) by inserting before the period at the made by subsection (a) shall apply to who is an officer or employee of the Federal end of the last sentence the following: ‘‘or amounts collected or assessed on or after the Government, including the President, Vice has failed to pay a penalty or meet a filing date of the enactment of this Act. President, and Members of Congress, shall requirement imposed under paragraph (13)’’; SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR not solicit a donation of money or other and CERTAIN PURPOSES. thing of value for a political committee or (3) in paragraph (6)(A), by striking ‘‘para- Title III of the Federal Election Campaign candidate for Federal, State or local office, graph (4)(A)’’ and inserting ‘‘paragraph (4)(A) Act of 1971 (2 U.S.C. 431 et seq.) is amended while in any room or building occupied in or (13)’’. H3318 CONGRESSIONAL RECORD — HOUSE May 14, 1998 SEC. 506. STRENGTHENING FOREIGN MONEY amended by striking ‘‘reason to believe TITLE II—ENSURING VOLUNTARINESS OF BAN. that’’ and inserting ‘‘reason to investigate CONTRIBUTIONS OF CORPORATIONS, Section 319 of the Federal Election Cam- whether’’. UNIONS, AND OTHER MEMBERSHIP OR- paign Act of 1971 (2 U.S.C. 441e) is amended— TITLE VI—SEVERABILITY; CONSTITU- GANIZATIONS (1) by striking the heading and inserting TIONALITY; EFFECTIVE DATE; REGULA- the following: ‘‘CONTRIBUTIONS AND DONA- SEC. 201. PROHIBITING INVOLUNTARY USE OF TIONS FUNDS OF EMPLOYEES OF COR- TIONS BY FOREIGN NATIONALS’’; and PORATIONS AND OTHER EMPLOY- (2) by striking subsection (a) and inserting SEC. 601. SEVERABILITY. If any provision of this Act or amendment ERS AND MEMBERS OF UNIONS AND the following: ORGANIZATIONS FOR POLITICAL AC- ‘‘(a) PROHIBITION.—It shall be unlawful made by this Act, or the application of a pro- TIVITIES. for— vision or amendment to any person or cir- (a) IN GENERAL.—Section 316 of the Federal ‘‘(1) a foreign national, directly or indi- cumstance, is held to be unconstitutional, Election Campaign Act of 1971 (2 U.S.C. 441b) rectly, to make— the remainder of this Act and amendments is amended by adding at the end the follow- ‘‘(A) a donation of money or other thing of made by this Act, and the application of the ing new subsection: value, or to promise expressly or impliedly provisions and amendment to any person or to make a donation, in connection with a circumstance, shall not be affected by the ‘‘(c)(1)(A) Except with the separate, prior, Federal, State, or local election to a politi- holding. written, voluntary authorization of the indi- cal committee or a candidate for Federal of- SEC. 602. REVIEW OF CONSTITUTIONAL ISSUES. vidual involved, it shall be unlawful— fice; or An appeal may be taken directly to the Su- ‘‘(i) for any national bank or corporation ‘‘(ii) a contribution or donation to a com- preme Court of the United States from any described in this section (other than a cor- mittee of a political party; or final judgment, decree, or order issued by poration exempt from Federal taxation ‘‘(B) for a person to solicit, accept, or re- any court ruling on the constitutionality of under section 501(c) of the Internal Revenue ceive such contribution or donation from a any provision of this Act or amendment Code of 1986) to collect from or assess a foreign national.’’. made by this Act. stockholder or employee any portion of any dues, initiation fee, or other payment made SEC. 507. PROHIBITION OF CONTRIBUTIONS BY SEC. 603. EFFECTIVE DATE. as a condition of employment which will be MINORS. Except as otherwise provided in this Act, used for political activity in which the na- Title III of the Federal Election Campaign this Act and the amendments made by this tional bank or corporation is engaged; and Act of 1971 (2 U.S.C. 431 et seq.) (as amended Act take effect January 1, 1999. by sections 101 and 401) is amended by adding ‘‘(ii) for any labor organization described SEC. 604. REGULATIONS. at the end the following: in this section to collect from or assess a The Federal Election Commission shall member or nonmember any portion of any ‘‘SEC. 325. PROHIBITION OF CONTRIBUTIONS BY prescribe any regulations required to carry MINORS. dues, initiation fee, or other payment which An individual who is 17 years old or young- out this Act and the amendments made by will be used for political activity in which er shall not make a contribution to a can- this Act not later than 270 days after the ef- the labor organization is engaged. fective date of this Act. didate or a contribution or donation to a ‘‘(B) An authorization described in sub- committee of a political party.’’. H.R. 2183 paragraph (A) shall remain in effect until re- SEC. 508. EXPEDITED PROCEDURES. OFFERED BY MR. CAMPBELL voked and may be revoked at any time. Each (a) IN GENERAL.—Section 309(a) of the Fed- (Amendment in the Nature of a Substitute) entity collecting from or assessing amounts eral Election Campaign Act of 1971 (2 U.S.C. AMENDMENT NO. 2: Strike all after the en- from an individual with an authorization in 437g(a)) (as amended by section 505(c)) is acting clause and insert the following: effect under such subparagraph shall provide amended by adding at the end the following: the individual with a statement that the in- SECTION 1. SHORT TITLE. ‘‘(14)(A) If the complaint in a proceeding dividual may at any time revoke the author- This Act may be cited as the ‘‘Can’t Vote, was filed within 60 days preceding the date of ization. a general election, the Commission may take Can’t Contribute Campaign Reform Act of 1998’’. ‘‘(2)(A) Prior to the beginning of any 12- action described in this subparagraph. month period (as determined by the corpora- ‘‘(B) If the Commission determines, on the TITLE I—LIMITATIONS ON tion), each corporation to which paragraph basis of facts alleged in the complaint and CONTRIBUTIONS (1) applies shall provide each of its share- other facts available to the Commission, SEC. 101. LIMITATION ON AMOUNT OF CONTRIBU- holders with a notice containing the follow- that there is clear and convincing evidence TIONS TO CANDIDATES BY INDIVID- ing: that a violation of this Act has occurred, is UALS NOT ELIGIBLE TO VOTE IN ‘‘(i) The proposed aggregate amount for STATE OR DISTRICT INVOLVED. occurring, or is about to occur, the Commis- disbursements for political activities by the Section 315(a)(1)(A) of the Federal Election sion may order expedited proceedings, short- corporation for the period. Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) ening the time periods for proceedings under ‘‘(ii) The individual’s applicable percentage is amended by striking ‘‘in the aggregate, ex- paragraphs (1), (2), (3), and (4) as necessary to and applicable pro rata amount for the pe- ceed $1,000;’’ and inserting the following: ‘‘in allow the matter to be resolved in sufficient riod. the aggregate— time before the election to avoid harm or ‘‘(iii) A form that the individual may com- ‘‘(i) in the case of contributions made to a prejudice to the interests of the parties. plete and return to the corporation to indi- candidate for election for Senator or for Rep- ‘‘(C) If the Commission determines, on the cate the individual’s objection to or approval resentative in or Delegate or Resident Com- basis of facts alleged in the complaint and of the disbursement of amounts for political missioner to the Congress by an individual other facts available to the Commission, activities during the period. that the complaint is clearly without merit, who is not eligible to vote in the State or ‘‘(B) It shall be unlawful for a corporation the Commission may— Congressional district involved (as the case to which subparagraph (A) applies to make ‘‘(i) order expedited proceedings, shorten- may be) at the time the contribution is made disbursements for political activities during ing the time periods for proceedings under (other than an individual who would be eligi- the 12-month period described in such sub- paragraphs (1), (2), (3), and (4) as necessary to ble to vote at such time but for the failure of paragraph in an amount greater than the allow the matter to be resolved in sufficient the individual to register to vote), exceed sum of the applicable pro rata amounts for time before the election to avoid harm or $100; or such period of all shareholders who return prejudice to the interests of the parties; or ‘‘(ii) in the case of any other contributions, the form described in subparagraph (A)(iii) ‘‘(ii) if the Commission determines that exceed $1,000;’’. to the corporation prior to the beginning of there is insufficient time to conduct proceed- SEC. 102. BAN ON ACCEPTANCE OF CONTRIBU- the period and indicate their approval of ings before the election, summarily dismiss TIONS MADE BY NONPARTY POLITI- such disbursements. the complaint.’’. CAL ACTION COMMITTEES. (b) REFERRAL TO ATTORNEY GENERAL.—Sec- Section 315 of the Federal Election Cam- ‘‘(C) In this paragraph, the following defi- tion 309(a)(5) of the Federal Election Cam- paign Act of 1971 (2 U.S.C. 441a) is amended nitions shall apply: paign Act of 1971 (2 U.S.C. 437g(a)(5)) is by adding at the end the following new sub- ‘‘(i) The term ‘applicable percentage’ amended by striking subparagraph (C) and section: means, with respect to a shareholder of a inserting the following: ‘‘(i)(1) Notwithstanding any other provi- corporation, the amount (expressed as a per- ‘‘(C) The Commission may at any time, by sion of this Act, no candidate for election for centage) equal to the number of shares of the an affirmative vote of at least 4 of its mem- Federal office may accept any contribution corporation (within a particular class or bers, refer a possible violation of this Act or from a political action committee. type of stock) owned by the shareholder at chapter 95 or 96 of the Internal Revenue Code ‘‘(2) In this subsection, the term ‘political the time the notice described in subpara- of 1986, to the Attorney General of the action committee’ means any political com- graph (A) is provided, divided by the aggre- United States, without regard to any limita- mittee which is not— gate number of such shares owned by all tion set forth in this section.’’. ‘‘(A) the principal campaign committee of shareholders of the corporation at such time. SEC. 509. INITIATION OF ENFORCEMENT PRO- a candidate; or ‘‘(ii) The term ‘applicable pro rata amount’ CEEDING. ‘‘(B) a national, State, local, or district means, with respect to a shareholder for a 12- Section 309(a)(2) of the Federal Election committee of a political party, including any month period, the product of the sharehold- Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is subordinate committee thereof.’’. er’s applicable percentage for the period and May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3319 the proposed aggregate amount for disburse- resents as a Federal officeholder, if the event ‘‘(2) additional amounts from State and na- ments for political activities by the corpora- is held in such State. tional party committees under section 506. tion for the period, as specified in the notice ‘‘(c) STATE PARTIES.— ‘‘SEC. 503. DISTRICT LIMITATION ON EXPENDI- provided under subparagraph (A). ‘‘(1) IN GENERAL.—Any payment by a State TURES BY MAJOR PARTY CAN- ‘‘(3) For purposes of this subsection, the committee of a political party for a mixed DIDATES. term ‘political activity’ means any activity political activity— ‘‘(a) IN GENERAL.—Except as provided in carried out for the purpose of influencing (in ‘‘(A) shall be subject to limitation and re- section 506, the maximum amounts of ex- whole or in part) any election for Federal of- porting under this Act as if such payment penditures by major party candidates in fice, influencing the consideration or out- were an expenditure; and House of Representatives general elections come of any Federal legislation or the ‘‘(B) may be paid only from an account shall be based on the median household in- issuance or outcome of any Federal regula- that is subject to the requirements of this come of the districts involved, as provided tions, or educating individuals about can- Act. for in subsections (b) and (c). didates for election for Federal office or any ‘‘(2) MIXED POLITICAL ACTIVITY DEFINED.— ‘‘(b) MAXIMUM FOR WEALTHIEST DISTRICT.— Federal legislation, law, or regulations.’’. As used in this section, the term ‘mixed po- In the congressional district with the high- (b) EFFECTIVE DATE.—The amendment litical activity’ means, with respect to a est median household income, maximum made by subsection (a) shall apply to payment by a State committee of a political combined expenditures for all major party amounts collected or assessed on or after the party, an activity (such as a voter registra- candidates with respect to a House of Rep- date of the enactment of this Act. tion program, a get-out-the-vote drive, or resentatives general election shall be a total TITLE III—RESTRICTIONS ON SOFT general political advertising) that is both for of $1,000,000. ‘‘(c) MAXIMUM FOR OTHER DISTRICTS.—In MONEY the purpose of influencing an election for Federal office and for any purpose unrelated each congressional district, other than the SEC. 301. BAN ON SOFT MONEY OF NATIONAL PO- district referred to in subsection (b), the LITICAL PARTIES AND CANDIDATES; to influencing an election for Federal office. BAN ON USE OF SOFT MONEY BY ‘‘(d) PROHIBITING TRANSFERS OF NON-FED- maximum combined expenditures for all STATE POLITICAL PARTIES FOR ERAL FUNDS BETWEEN STATE PARTIES.—A major party candidates with respect to a FEDERAL ELECTION ACTIVITY. State committee of a political party may House of Representatives general election Title III of the Federal Election Campaign not transfer any funds to a State committee shall be an amount equal to— Act of 1971 (2 U.S.C. 431 et seq.) is amended of a political party of another State unless ‘‘(1) the maximum amount referred to in by adding at the end the following new sec- the funds are subject to the limitations, pro- subsection (b), less tion: hibitions, and reporting requirements of this ‘‘(2) the amount equal to— ‘‘(A) 2⁄3 of the percentage difference be- ‘‘RESTRICTIONS ON USE OF SOFT MONEY BY Act. POLITICAL PARTIES AND CANDIDATES ‘‘(e) APPLICABILITY TO FUNDS FROM ALL tween the median household income of the SOURCES.—This section shall apply with re- district involved and the median household ‘‘SEC. 323. (a) BAN ON USE BY NATIONAL income of the district referred to in sub- PARTIES.— spect to funds of any individual, corporation, labor organization, or other person.’’. section (b), times ‘‘(1) IN GENERAL.—No political committee ‘‘(B) the maximum amount referred to in TITLE IV—EFFECTIVE DATE of a national political party may solicit, re- subsection (b). ceive, or direct any contributions, donations, SEC. 401. EFFECTIVE DATE. ‘‘(d) ALLOCATION.—The maximum expendi- or transfers of funds, or spend any funds, Except as otherwise provided, the amend- ture for a major party candidate in a con- which are not subject to the limitations, pro- ments made by this Act shall apply with re- gressional district shall be 50 percent of the hibitions, and reporting requirements of this spect to elections occurring after January maximum amount under subsection (b) or Act. 1999. (c), as applicable. ‘‘(2) APPLICABILITY.—Paragraph (1) shall H.R. 2183 ‘‘SEC. 504. DISTRICT LIMITATION ON EXPENDI- apply to any entity which is established, fi- OFFERED BY: MR. OBEY TURES BY THIRD PARTY AND INDE- nanced, maintained, or controlled (directly PENDENT CANDIDATES. or indirectly) by, or which acts on behalf of, (Amendment in the Nature of a Substitute) ‘‘(a) IN GENERAL.—Except as provided in a political committee of a national political AMENDMENT NO. 3: Strike all after the en- section 506, the maximum amounts of ex- party, including any national congressional acting clause and insert the following: penditures by third party and independent campaign committee of such a party and any SECTION 1. SHORT TITLE; FINDING. candidates in House of Representatives gen- officer or agent of such an entity or commit- (a) SHORT TITLE.—This Act may be cited as eral elections shall be the amount allocated tee. the ‘‘Let the Public Decide Campaign Fi- under subsection (b). ‘‘(b) CANDIDATES.— nance Reform Act’’. ‘‘(b) ALLOCATION.—The maximum expendi- ‘‘(1) IN GENERAL.—No candidate for Federal (b) FINDING.—The Congress finds that the ture for a third party or independent can- office, individual holding Federal office, or existing system of private political contribu- didate in a congressional district shall be— any agent of such a candidate or officeholder tions has become a fundamental threat to ‘‘(1) the amount that bears the same ratio may solicit, receive, or direct— the integrity of the national election process to the maximum amount under subsection ‘‘(A) any funds in connection with any Fed- and that the provisions contained in this Act (b) or (c) of section 503, as applicable, as the eral election unless the funds are subject to are necessary to prevent the corruption of total popular vote in the district for can- the limitations, prohibitions and reporting the public’s faith in the Nation’s system of didates of the third party or for all independ- requirements of this Act; governance. ent candidates (as the case may be) bears to ‘‘(B) any funds that are to be expended in the total popular vote for all candidates in TITLE I—EXPENDITURE LIMITATIONS connection with any election for other than the 5 preceding general elections; or AND PUBLIC FINANCING FOR HOUSE OF a Federal office unless the funds are not in ‘‘(2) in the case of a candidate in a district REPRESENTATIVES GENERAL ELEC- excess of the applicable amounts permitted in which no third party or independent can- TIONS with respect to contributions to candidates didates (as the case may be) received votes and political committees under paragraphs SEC. 101. NEW TITLE OF FEDERAL ELECTION in the 5 preceding general elections, the (1) and (2) of section 315(a), and are not from CAMPAIGN ACT OF 1971. amount corresponding to the number of sig- sources prohibited from making contribu- The Federal Election Campaign Act of 1971 natures presented to and verified by the tions by this Act with respect to elections (2 U.S.C. 431 et seq.) is amended by adding at Commission according to the following for Federal office; or the end the following new title: table: ‘‘(C) any funds on behalf of any person ‘‘TITLE V—EXPENDITURE LIMITATIONS ‘‘20,000 signatures ...... $75,000 which are not subject to the limitations, pro- AND PUBLIC FINANCING FOR HOUSE OF 30,000 signatures ...... 100,000 hibitions, and reporting requirements of this REPRESENTATIVES GENERAL ELEC- 40,000 signatures ...... 150,000 Act if such funds are for the purpose of fi- TIONS 50,000 signatures ...... 200,000 nancing any activity on behalf of a candidate ‘‘SEC. 501. LIMITATION ON EXPENDITURES IN ‘‘SEC. 505. GRASSROOTS GOOD CITIZENSHIP for election for Federal office or any commu- HOUSE OF REPRESENTATIVES GEN- FUND. nication which refers to a clearly identified ERAL ELECTIONS. ‘‘(a) CREATION OF FUND.—There is estab- candidate for election for Federal office. ‘‘A candidate in a House of Representatives lished in the Treasury a trust fund to be ‘‘(2) EXCEPTION FOR CERTAIN ACTIVITIES.— general election may not make expenditures known as the ‘Grassroots Good Citizenship Paragraph (1) shall not apply to— other than as provided in this title. Fund’, consisting of such amounts as may be ‘‘(A) the solicitation, receipt, or direction ‘‘SEC. 502. SOURCES OF AMOUNTS FOR EXPENDI- credited to such fund as provided in this sec- of funds by an individual who is a candidate TURES BY CANDIDATES IN HOUSE tion. for a non-Federal office if such activity is OF REPRESENTATIVES GENERAL ‘‘(b) DISTRICT ACCOUNTS.—There shall be permitted under State law for such individ- ELECTIONS. established within the Grassroots Good Citi- ual’s non-Federal campaign committee; or ‘‘The only sources of amounts for expendi- zenship Fund an account for each congres- ‘‘(B) the attendance by an individual who tures by candidates in House of Representa- sional district. The accounts so established holds Federal office at a fundraising event tives general elections shall be— shall be administered by the Commission for for a State or local committee of a political ‘‘(1) the Grassroots Good Citizenship Fund, the purpose of distributing amounts under party of the State which the individual rep- under section 505; and this title. H3320 CONGRESSIONAL RECORD — HOUSE May 14, 1998

‘‘(c) PAYMENTS TO CANDIDATES.—Subject to ‘‘(3) the term ‘major party’ means, with re- (c) EFFECTIVE DATE.—The amendments subsection (d), the Commission shall pay to spect to a House of Representatives general made by this section shall apply to taxable each candidate from the Grassroots Good election, a political party whose candidate years beginning after December 31, 1998. Citizenship Fund the maximum amount cal- for the office of Representative in, or Dele- SEC. 202. INCREASE IN CORPORATE INCOME TAX culated for such candidate under section 503 gate or Resident Commissioner to, the Con- ON TAXABLE INCOME ABOVE or 504. gress in the preceding general election re- $10,000,000. ‘‘(d) INSUFFICIENT AMOUNTS.—If, as deter- ceived, as the candidate of such party, 25 per- (a) IN GENERAL.—Paragraph (4) of sub- mined by the Commission, there are insuffi- cent or more of the total number of popular section (b) of section 11 of the Internal Reve- cient amounts in the Grassroots Good Citi- votes received by all candidates for such of- nue Code of 1986 is amended by striking ‘‘35 zenship Fund for payments under subsection fice; percent’’ and inserting ‘‘35.1 percent’’. (c), the Commission may reduce payments to ‘‘(4) the term ‘third party’ means with re- (b) EFFECTIVE DATE.—The amendment candidates so that each candidate receives a spect to a House of Representatives general made by subsection (a) shall apply to taxable pro rata portion of the amounts that are election, a political party whose candidate years beginning after the date of the enact- available. for the office of Representative in, or Dele- ment of this Act. ‘‘(e) TRANSFERS TO FUND.—There are here- gate or Resident Commissioner to, the Con- (c) USE OF AMOUNTS RECEIVED.—Amounts by credited to the Grassroots Good Citizen- gress in the preceding general election re- received by reason of the amendment made ship Fund amounts equivalent to the ceived, as the candidate of such party, less by subsection (a) shall be paid over to the amounts designated under section 6097 of the than 25 percent of the total number of popu- Grassroots Good Citizenship Fund under sec- Internal Revenue Code of 1986. lar votes received by all candidates for such tion 505 of the Federal Election Campaign ‘‘(f) EXPENDITURES.—Amounts in the Grass- office; Act of 1971. ‘‘(5) the term ‘independent candidate’ roots Good Citizenship Fund shall be avail- TITLE III—BAN ON USE OF SOFT MONEY means, with respect to a House of Represent- able for the purpose of providing amounts for BY HOUSE CANDIDATES expenditure by candidates in House of Rep- atives general election, a candidate for the resentatives general elections in accordance office of Representative in, or Delegate or SEC. 301. BAN ON USE OF SOFT MONEY BY HOUSE CANDIDATES. with this title. Resident Commissioner to, the Congress who Title III of the Federal Election Campaign ‘‘SEC. 506. ADDITIONAL AMOUNTS FROM STATE is not the candidate of a major party or a third party; and Act of 1971 (2 U.S.C. 431 et seq.) is amended AND NATIONAL PARTY COMMIT- by adding at the end the following new sec- TEES. ‘‘(6) the term ‘House of Representatives tion: ‘‘(a) CONTRIBUTIONS.—In addition to general election’ means a general election amounts made available under section 503 or for the office of Representative in, or Dele- ‘‘BAN ON USE OF NON-REGULATED FUNDS BY 504, in the case of a candidate in a House of gate or Resident Commissioner to, the Con- HOUSE CANDIDATES Representatives general election who is the gress.’’. ‘‘SEC. 323. (a) IN GENERAL.—No funds may candidate of a political party, the State and TITLE II—AMENDMENTS TO INTERNAL be solicited, disbursed, or otherwise used national committees of that political party REVENUE CODE OF 1986 with respect to any House of Representatives may make contributions to the candidate to- SEC. 201. DESIGNATION OF OVERPAYMENTS AND election unless the funds are subject to the taling not more than 5 percent of the maxi- CONTRIBUTIONS FOR GRASSROOTS limitations and prohibitions of this Act. mum expenditure applicable to the candidate GOOD CITIZENSHIP FUND. ‘‘(b) HOUSE OF REPRESENTATIVES ELECTION under section 503 or section 504. (a) IN GENERAL.—Subchapter A of chapter DEFINED.—In this section, the term ‘House of ‘‘(b) EXPENDITURES.—A House of Represent- 61 of the Internal Revenue Code of 1986 (re- Representatives election’ means any election atives candidate who is the candidate of a lating to returns and records) is amended by for the office of Representative in, or Dele- political party may make expenditures of adding at the end the following: gate or Resident Commissioner to, the Con- the amounts received under subsection (a). ‘‘PART IX—DESIGNATION OF OVERPAY- gress.’’. ‘‘SEC. 507. PUBLIC SERVICE ANNOUNCEMENTS. MENTS AND CONTRIBUTIONS FOR TITLE IV—INDEPENDENT EXPENDITURES ‘‘(a) IN GENERAL.—Beginning on January GRASSROOTS GOOD CITIZENSHIP FUND ‘‘Sec. 6097. Designation of overpayments for SEC. 401. BAN ON INDEPENDENT EXPENDITURES 15, and continuing through April 15 of each IN HOUSE OF REPRESENTATIVES year, the Commission shall carry out a pro- Grassroots Good Citizenship ELECTIONS. Fund. gram, utilizing broadcast announcements (a) IN GENERAL.—Section 315 of the Federal and other appropriate means, to inform the ‘‘SEC. 6097. DESIGNATION OF OVERPAYMENTS Election Campaign Act of 1971 (2 U.S.C. 441a) public of the existence and purpose of the FOR GRASSROOTS GOOD CITIZEN- SHIP FUND. is amended by adding at the end the follow- Grassroots Good Citizenship Fund and the ing new subsection; role that individual citizens can play in the ‘‘(a) IN GENERAL.—With respect to each taxpayer’s return for the taxable year of the ‘‘(i) No person may make any independent election process by voluntarily contributing tax imposed by chapter 1, such taxpayer may expenditure with respect to an election for to the fund. The announcements shall be designate that— the office of Representative in, or Delegate broadcast during prime time viewing hours ‘‘(1) a specified portion (not less than $1 or or Resident Commissioner to, the Con- in 30-second advertising segments equivalent more than $10,000, and not less than $1 or gress.’’. to 200 gross rating points per network per more than $20,000 in the case of a joint re- (b) CLARIFICATION OF DEFINITIONS RELATING week. The Commission shall ensure that the turn) of any overpayment of tax for such TO INDEPENDENT EXPENDITURES.— maximum number of taxpayers shall be ex- taxable year, and (1) IN GENERAL.—Section 301 of such Act (2 posed to these announcements. Television ‘‘(2) any contribution which the taxpayer U.S.C. 431) is amended by striking para- networks, as defined by the Federal Commu- includes with such return, graphs (17) and (18) and inserting the follow- nications Commission, shall provide the ing new paragraphs: broadcast time under this section as part of shall be paid over to the Grassroots Good Citizenship Fund under section 505 of the ‘‘(17) The term ‘independent expenditure’ their obligations in the public interest under Federal Election Campaign Act of 1971. means an expenditure for a communication the Communications Act of 1934. The Federal ‘‘(b) MANNER AND TIME OF DESIGNATION.—A (other than a communication which is de- Election Commission shall encourage broad- designation under subsection (a) may be scribed in clause (i) or clause (iii) of para- cast outlets other than the above mentioned made with respect to any taxable year only graph (9)(B) or which would be described in television networks including radio to pro- at the time of filing the return of tax im- such clause if the communication were oth- vide similar announcements. posed by chapter 1 for such taxable year. erwise treated as an expenditure under this ‘‘(b) GROSS RATING POINT.—The term ‘gross Such designation shall be made on the 1st title)— rating point’ is a measure of the total gross page of the return. ‘‘(A) which is made during the 90-day pe- weight delivered. It is the sum of the ratings ‘‘(c) OVERPAYMENTS TREATED AS RE- riod ending on the date of a general election for individual programs. Since a household FUNDED.—For purposes of this title, any por- for Federal office and which identifies a can- rating period is 1 percent of the coverage tion of an overpayment of tax designated didate for election for such office by name, base, 200 gross rating points means 2 mes- under subsection (a) shall be treated as being image, or likeness; or sages a week per average household. refunded to the taxpayer as of the last date ‘‘(B) which contains express advocacy and ‘‘SEC. 508. DEFINITIONS. prescribed for filing the return of tax im- is made without the participation or co- ‘‘As used in this title— posed by chapter 1 (determined without re- operation of, or consultation with, a can- ‘‘(1) the term ‘House of Representatives gard to extensions) or, if later, the date the didate or a candidate’s representative. candidate’ means a candidate for the office return is filed.’’ ‘‘(18) The term ‘express advocacy’ means, of Representative in, or Delegate or Resident (b) CLERICAL AMENDMENT.—The table of when a communication is taken as a whole Commissioner to, the Congress; parts for such subchapter A is amended by and with limited reference to external ‘‘(2) the term ‘median household income’ adding at the end thereof the following new events, an expression of support for or oppo- means, with respect to a congressional dis- item: sition to a specific candidate, to a specific trict, the median household income of that ‘‘Part IX. Designation of overpayments and group of candidates, or to candidates of a district, as determined by the Commission, contributions for certain pur- particular political party, or a suggestion to using the most current data from the Bureau poses relating to House of Rep- take action with respect to an election, such of the Census; resentatives elections.’’ as to vote for or against, make contributions May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3321 to, or participate in campaign activity, or an ‘‘(2) For purposes of limitations under this period in which such legislation is in effect expression which would reasonably be con- Act, any expenditure by a candidate referred is extended by an Act of Congress which is strued as intending to influence the outcome to in paragraph (1), including an expenditure signed into law by the President.’’. of an election.’’. for the preparation, production, or presen- H.R. 2183 (2) CONTRIBUTION DEFINITION AMENDMENT.— tation of communications through electronic OFFERED BY: MR. OBEY Section 301(8)(A) of such Act (2 U.S.C. media or in written form, shall, regardless of 431(8)(A)) is amended— when the expenditure is made, be attributed (Amendment in the Nature of a Substitute) (A) in clause (i), by striking ‘‘or’’ after the to the appropriate general election, unless AMENDMENT NO. 4: Strike all after the en- semicolon at the end; such expenditure is made solely for an elec- acting clause and insert the following: (B) in clause (ii), by striking the period at tion other than a general election.’’. SECTION 1. SHORT TITLE; FINDING. the end and inserting ‘‘; or’’; and SEC. 502. LIMITATION ON ACCEPTANCE OF (a) SHORT TITLE.—This Act may be cited as (C) by adding at the end the following new LARGE DONOR MULTICANDIDATE the ‘‘Let the Public Decide Campaign Fi- clause: POLITICAL COMMITTEE CONTRIBU- nance Reform Act’’. TIONS BY HOUSE OF REPRESENTA- ‘‘(iii) any payment or other transaction re- (b) FINDING.—The Congress finds that the TIVES CANDIDATES. ferred to in paragraph (17)(A) that does not existing system of private political contribu- Section 315 of the Federal Election Cam- qualify as an independent expenditure under tions has become a fundamental threat to paign Act of 1971 (2 U.S.C. 441a), as amended paragraph (17)(B).’’. the integrity of the national election process by sections 401 and 501, is further amended SEC. 402. BAN ON USE OF SOFT MONEY FOR CER- and that the provisions contained in this Act by adding at the end the following new sub- TAIN EXPENDITURES. are necessary to prevent the corruption of Title III of the Federal Election Campaign section: the public’s faith in the Nation’s system of Act of 1971 (2 U.S.C. 431 et seq.), as amended ‘‘(k)(1) A candidate for the office of Rep- governance. by section 301, is further amended by adding resentative in, or Delegate or Resident Com- at the end the following new section: missioner to, the Congress, and the author- TITLE I—VOLUNTARY EXPENDITURE LIMI- ‘‘BAN ON USE OF NON-FEDERAL FUNDS FOR ized political committees of such candidate, TATIONS AND PUBLIC FINANCING FOR CERTAIN EXPENDITURES may not, with respect to an election other HOUSE OF REPRESENTATIVES GENERAL ELECTIONS ‘‘SEC. 324. (a) IN GENERAL.—No person may than a general election, accept contributions disburse any funds for any expenditure de- from large donor multicandidate political SEC. 101. NEW TITLE OF FEDERAL ELECTION scribed in subsection (b) unless the funds are committees in excess of 20 percent of the CAMPAIGN ACT OF 1971. subject to the limitations, prohibitions, and maximum amount which the candidate may The Federal Election Campaign Act of 1971 reporting requirements of this Act. expend with respect to the election under (2 U.S.C. 431 et seq.) is amended by adding at ‘‘(b) EXPENDITURES DESCRIBED.—The ex- subsection (j). the end the following new title: penditures described in this subsection are as ‘‘(2) In paragraph (1), the term ‘large donor ‘‘TITLE V—VOLUNTARY EXPENDITURE follows: multicandidate political committee’ means a LIMITATIONS AND PUBLIC FINANCING ‘‘(1) An expenditure made by an authorized multicandidate political committee that ac- FOR HOUSE OF REPRESENTATIVES GEN- committee of a candidate for Federal office cepts contributions totaling more than $200 ERAL ELECTIONS or a political committee of a political party. from any single source in a calendar year.’’. ‘‘Subtitle A—Public Financing for Certified ‘‘(2) An expenditure made by a person who, TITLE VI—CONSIDERATION OF House Candidates during the election cycle, has made a con- CONSTITUTIONAL AMENDMENT tribution to a candidate, where the expendi- ‘‘SEC. 501. PUBLIC FINANCING FOR CERTIFIED SEC. 601. EXPEDITED CONSIDERATION OF CON- HOUSE CANDIDATES. ture is in support of that candidate or in op- STITUTIONAL AMENDMENT. ‘‘A certified House candidate in a House of position to another candidate for the same (a) IN GENERAL.—If any provision of this Representatives general election shall be en- office. Act or any amendment made by this Act is titled to payments from the Grassroots Good ‘‘(3) An expenditure made by a person, or a found unconstitutional by the Supreme Citizenship Fund under section 521. political committee established, maintained Court, the provisions of section 2908 (other or controlled by such person, who is required than subsection (a)) of the Defense Base Clo- ‘‘SEC. 502. PROCEDURES FOR CERTIFICATION. to register, under section 308 of the Federal sure and Realignment Act of 1990 shall apply ‘‘(a) IN GENERAL.—The Commission shall Regulation of Lobbying Act (2 U.S.C. 267) or to the consideration of a joint resolution de- certify that a candidate initially meets the the Foreign Agents Registration Act (22 scribed in section 602 in the same manner as requirements for a certified House candidate U.S.C. 611) or any successor Federal law re- such provisions apply to a joint resolution under if the candidate submits to the Com- quiring a person who is a lobbyist or foreign described in section 2908(a) of such Act. mission in writing a statement with the fol- agent to register. (b) SPECIAL RULES.—For purposes of apply- lowing information and assurances: ‘‘(4) An expenditure made by a person who, ing subsection (a) with respect to such provi- ‘‘(1) An agreement to obtain and furnish to during the election cycle, has communicated sions, the following rules shall apply: the Commission such evidence as it may re- with or received information from a can- (1) Any reference to the Committee on quest to ensure that the candidate meets the didate or a representative of that candidate Armed Services of the House of Representa- requirements relating to limitations on ex- regarding activities that have the purpose of tives shall be deemed a reference to the Com- penditures under subtitle B. influencing that candidate’s election to Fed- mittee on the Judiciary of the House of Rep- ‘‘(2) An agreement to keep and furnish to eral office, where the expenditure is in sup- resentatives and any reference to the Com- the Commission such records, books, and port of that candidate or in opposition to an- mittee on Armed Services of the Senate other information as it may request. other candidate for that office. shall be deemed a reference to the Commit- ‘‘(3) An agreement to audit and examina- ‘‘(5) An expenditure if, in the same election tee on the Judiciary of the Senate. tion by the Commission and to the payment cycle, the person making the expenditure is (2) Any reference to the date on which the of any amounts found to be paid erroneously or has been— President transmits a report shall be deemed to the candidate under this title. ‘‘(A) authorized to raise or expend funds on a reference to the date on which the Su- ‘‘(4) Such other information and assur- behalf of the candidate or the candidate’s au- preme Court finds a provision of this Act or ances as the Commission may require. thorized committees; or an amendment made by this Act unconstitu- ‘‘(b) AUTHORITY OF COMMISSION TO REJECT ‘‘(B) serving as a member, employee, or tional. OR REVOKE CERTIFICATION.—The Commission agent of the candidate’s authorized commit- SEC. 602. CONSTITUTIONAL AMENDMENT DE- may reject a candidate’s application for tees in an executive or policymaking posi- SCRIBED. treatment as a certified House candidate or tion.’’. For purposes of section 601, a joint resolu- revoke a candidate’s status as a certified TITLE V—PROVISIONS RELATING TO tion described in this section is a joint reso- House candidate if the candidate knowingly HOUSE OF REPRESENTATIVES PRIMARY lution proposing the following text as an and willfully violates or has violated any of ELECTIONS amendment to the Constitution of the the applicable requirements of this title with SEC. 501. LIMITATION ON EXPENDITURES IN United States: respect to the election involved or any pre- vious election. HOUSE OF REPRESENTATIVES ELEC- ‘‘ARTICLE — TIONS OTHER THAN GENERAL ELEC- ‘‘SECTION 1. Congress may provide for rea- ‘‘Subtitle B—Limitations on Expenditures by TIONS. Certified House Candidates Section 315 of the Federal Election Cam- sonable restrictions on contributions and ex- paign Act of 1971 (2 U.S.C. 441a), as amended penditures in campaigns for election for Fed- ‘‘SEC. 511. LIMITATION ON EXPENDITURES. by section 401, is further amended by adding eral office as necessary to protect the integ- ‘‘A certified House candidate in a House of at the end the following new subsection: rity of the electoral process. Representatives general election may not ‘‘(j)(1) The maximum expenditures for a ‘‘SEC. 2. Congress shall have power to en- make expenditures other than as provided in candidate for the office of Representative in, force this article by appropriate legislation. this subtitle. or Delegate or Resident Commissioner to, No legislation enacted to enforce this article ‘‘SEC. 512. SOURCES OF AMOUNTS FOR EXPENDI- the Congress in any election other than a shall apply with respect to any election held TURES BY CERTIFIED HOUSE CAN- general election may not exceed 1⁄3 of the after the last day of the year of the third DIDATES. maximum applicable to the candidate in a Presidential election held after the date of ‘‘The only sources of amounts for expendi- general election under title V. the enactment of the legislation, unless the tures by certified House candidates in House H3322 CONGRESSIONAL RECORD — HOUSE May 14, 1998 of Representatives general elections shall tion with an opponent who is a major party the Communications Act of 1934. The Federal be— candidate who is not a certified House can- Election Commission shall encourage broad- ‘‘(1) the Grassroots Good Citizenship Fund, didate, the amount otherwise provided in cast outlets other than the above mentioned under section 521; and section 513 or section 514 (as the case may television networks including radio to pro- ‘‘(2) additional amounts from State and na- be) shall be increased by 100 percent. vide similar announcements. tional party committees under section 522. ‘‘Subtitle C—Payments to Certified House ‘‘(b) GROSS RATING POINT.—The term ‘gross rating point’ is a measure of the total gross ‘‘SEC. 513. DISTRICT LIMITATION ON EXPENDI- Candidates TURES BY MAJOR PARTY CAN- weight delivered. It is the sum of the ratings ‘‘SEC. 521. GRASSROOTS GOOD CITIZENSHIP DIDATES. for individual programs. Since a household FUND. ‘‘(a) IN GENERAL.—Except as provided in rating period is 1 percent of the coverage ‘‘(a) CREATION OF FUND.—There is estab- section 515 and section 522, the maximum base, 200 gross rating points means 2 mes- lished in the Treasury a trust fund to be amounts of expenditures by certified House sages a week per average household. known as the ‘Grassroots Good Citizenship candidates in House of Representatives gen- ‘‘SEC. 532. DEFINITIONS. Fund’, consisting of such amounts as may be eral elections who are major party can- ‘‘As used in this title— credited to such fund as provided in this sec- didates shall be based on the median house- ‘‘(1) the term ‘certified House candidate’ tion. hold income of the districts involved, as pro- means, with respect to a House of Represent- ‘‘(b) DISTRICT ACCOUNTS.—There shall be atives general election, a candidate in such vided for in subsections (b) and (c). established within the Grassroots Good Citi- ‘‘(b) MAXIMUM FOR WEALTHIEST DISTRICT.— election who is certified by the Commission zenship Fund an account for each congres- In the congressional district with the high- under subtitle A as meeting the require- sional district. The accounts so established est median household income, maximum ments for receiving public financing under shall be administered by the Commission for combined expenditures for all certified this title; the purpose of distributing amounts under House candidates who are major party can- ‘‘(2) the term ‘median household income’ this title. didates with respect to a House of Represent- means, with respect to a congressional dis- ‘‘(c) PAYMENTS TO CANDIDATES.—Subject to atives general election shall be a total of trict, the median household income of that subsection (d), the Commission shall pay to district, as determined by the Commission, $1,000,000. each certified House candidate from the ‘‘(c) MAXIMUM FOR OTHER DISTRICTS.—In using the most current data from the Bureau Grassroots Good Citizenship Fund the maxi- each congressional district, other than the of the Census; mum amount calculated for such candidate district referred to in subsection (b), the ‘‘(3) the term ‘major party’ means, with re- under section 513 or 514. maximum combined expenditures for all cer- spect to a House of Representatives general ‘‘(d) INSUFFICIENT AMOUNTS.—If, as deter- election, a political party whose candidate tified House candidates who are major party mined by the Commission, there are insuffi- candidates with respect to a House of Rep- for the office of Representative in, or Dele- cient amounts in the Grassroots Good Citi- gate or Resident Commissioner to, the Con- resentatives general election shall be an zenship Fund for payments under subsection amount equal to— gress in the preceding general election re- (c), the Commission may reduce payments to ceived, as the candidate of such party, 25 per- ‘‘(1) the maximum amount referred to in certified House candidates so that each can- subsection (b), less cent or more of the total number of popular didate receives a pro rata portion of the votes received by all candidates for such of- ‘‘(2) the amount equal to— amounts that are available. 2 fice; ‘‘(A) ⁄3 of the percentage difference be- ‘‘(e) TRANSFERS TO FUND.—There are here- tween the median household income of the ‘‘(4) the term ‘third party’ means with re- by credited to the Grassroots Good Citizen- spect to a House of Representatives general district involved and the median household ship Fund amounts equivalent to the income of the district referred to in sub- election, a political party whose candidate amounts designated under section 6097 of the for the office of Representative in, or Dele- section (b), times Internal Revenue Code of 1986. ‘‘(B) the maximum amount referred to in gate or Resident Commissioner to, the Con- ‘‘(f) EXPENDITURES.—Amounts in the Grass- gress in the preceding general election re- subsection (b). roots Good Citizenship Fund shall be avail- ‘‘(d) ALLOCATION.—The maximum expendi- ceived, as the candidate of such party, less able for the purpose of providing amounts for than 25 percent of the total number of popu- ture for a certified House candidate who is a expenditure by certified House candidates in major party candidate in a congressional dis- lar votes received by all candidates for such House of Representatives general elections office; trict shall be 50 percent of the maximum in accordance with this title. amount under subsection (b) or (c), as appli- ‘‘(5) the term ‘independent candidate’ ‘‘SEC. 522. ADDITIONAL AMOUNTS FROM STATE cable. means, with respect to a House of Represent- AND NATIONAL PARTY COMMIT- atives general election, a candidate for the ‘‘SEC. 514. DISTRICT LIMITATION ON EXPENDI- TEES. office of Representative in, or Delegate or TURES BY THIRD PARTY AND INDE- ‘‘(a) CONTRIBUTIONS.—In addition to PENDENT CANDIDATES. Resident Commissioner to, the Congress who amounts made available under section 521, in is not the candidate of a major party or a ‘‘(a) IN GENERAL.—Except as provided in the case of a certified House candidate in a section 515 and section 522, the maximum third party; and House of Representatives general election ‘‘(6) the term ‘House of Representatives amounts of expenditures by certified House who is the candidate of a political party, the candidates who are third party and independ- general election’ means a general election State and national committees of that polit- for the office of Representative in, or Dele- ent candidates in House of Representatives ical party may make contributions to the general elections shall be the amount allo- gate or Resident Commissioner to, the Con- candidate totaling not more than 5 percent gress.’’. cated under subsection (b). of the maximum expenditure applicable to ‘‘(b) ALLOCATION.—The maximum expendi- TITLE II—AMENDMENTS TO INTERNAL the candidate under section 513 or section ture for a certified House candidate who is a REVENUE CODE OF 1986 514. third party or independent candidate in a ‘‘(b) EXPENDITURES.—A certified House SEC. 201. DESIGNATION OF OVERPAYMENTS AND congressional district shall be— candidate who is the candidate of a political CONTRIBUTIONS FOR GRASSROOTS GOOD CITIZENSHIP FUND. ‘‘(1) the amount that bears the same ratio party may make expenditures of the (a) IN GENERAL.—Subchapter A of chapter to the maximum amount under subsection amounts received under subsection (a). (b) or (c) of section 503, as applicable, as the 61 of the Internal Revenue Code of 1986 (re- total popular vote in the district for can- ‘‘Subtitle D—Miscellaneous Provisions lating to returns and records) is amended by didates of the third party or for all independ- ‘‘SEC. 531. PUBLIC SERVICE ANNOUNCEMENTS. adding at the end the following: ent candidates (as the case may be) bears to ‘‘(a) IN GENERAL.—Beginning on January ‘‘PART IX—DESIGNATION OF OVERPAY- the total popular vote for all candidates in 15, and continuing through April 15 of each MENTS AND CONTRIBUTIONS FOR the 5 preceding general elections; or year, the Commission shall carry out a pro- GRASSROOTS GOOD CITIZENSHIP FUND ‘‘(2) in the case of a candidate in a district gram, utilizing broadcast announcements ‘‘Sec. 6097. Designation of overpayments for in which no third party or independent can- and other appropriate means, to inform the Grassroots Good Citizenship didates (as the case may be) received votes public of the existence and purpose of the Fund. in the 5 preceding general elections, the Grassroots Good Citizenship Fund and the ‘‘SEC. 6097. DESIGNATION OF OVERPAYMENTS amount corresponding to the number of sig- role that individual citizens can play in the FOR GRASSROOTS GOOD CITIZEN- natures presented to and verified by the election process by voluntarily contributing SHIP FUND. Commission according to the following to the fund. The announcements shall be ‘‘(a) IN GENERAL.—With respect to each table: broadcast during prime time viewing hours taxpayer’s return for the taxable year of the ‘‘20,000 signatures ...... $75,000 in 30-second advertising segments equivalent tax imposed by chapter 1, such taxpayer may 30,000 signatures ...... 100,000 to 200 gross rating points per network per designate that— 40,000 signatures ...... 150,000 week. The Commission shall ensure that the ‘‘(1) a specified portion (not less than $1 or 50,000 signatures ...... 200,000 maximum number of taxpayers shall be ex- more than $10,000, and not less than $1 or ‘‘SEC. 515. INCREASE IN AMOUNT FOR CAN- posed to these announcements. Television more than $20,000 in the case of a joint re- DIDATES WITH NONPARTICIPATING networks, as defined by the Federal Commu- turn) of any overpayment of tax for such OPPONENT. nications Commission, shall provide the taxable year, and ‘‘In the case of a certified House candidate broadcast time under this section as part of ‘‘(2) any contribution which the taxpayer in a House of Representatives general elec- their obligations in the public interest under includes with such return, May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3323 shall be paid over to the Grassroots Good graphs (17) and (18) and inserting the follow- ‘‘(5) An expenditure if, in the same election Citizenship Fund under section 521 of the ing new paragraphs: cycle, the person making the expenditure is Federal Election Campaign Act of 1971. ‘‘(17) The term ‘independent expenditure’ or has been— ‘‘(b) MANNER AND TIME OF DESIGNATION.—A means an expenditure for a communication ‘‘(A) authorized to raise or expend funds on designation under subsection (a) may be (other than a communication which is de- behalf of the candidate or the candidate’s au- made with respect to any taxable year only scribed in clause (i) or clause (iii) of para- thorized committees; or at the time of filing the return of tax im- graph (9)(B) or which would be described in ‘‘(B) serving as a member, employee, or posed by chapter 1 for such taxable year. such clause if the communication were oth- agent of the candidate’s authorized commit- Such designation shall be made on the 1st erwise treated as an expenditure under this tees in an executive or policymaking posi- page of the return. title)— tion.’’. ‘‘(c) OVERPAYMENTS TREATED AS RE- ‘‘(A) which is made during the 90-day pe- riod ending on the date of a general election TITLE V—LIMITATIONS ON ACCEPTANCE FUNDED.—For purposes of this title, any por- OF LARGE DONOR PAC CONTRIBUTIONS tion of an overpayment of tax designated for Federal office and which identifies a can- didate for election for such office by name, IN HOUSE OF REPRESENTATIVES PRI- under subsection (a) shall be treated as being MARY ELECTIONS refunded to the taxpayer as of the last date image, or likeness; or prescribed for filing the return of tax im- ‘‘(B) which contains express advocacy and SEC. 501. LIMITATION ON ACCEPTANCE OF LARGE DONOR MULTICANDIDATE posed by chapter 1 (determined without re- is made without the participation or co- operation of, or consultation with, a can- POLITICAL COMMITTEE CONTRIBU- gard to extensions) or, if later, the date the TIONS BY HOUSE OF REPRESENTA- return is filed.’’ didate or a candidate’s representative. TIVES CANDIDATES. ‘‘(18) The term ‘express advocacy’ means, (b) CLERICAL AMENDMENT.—The table of Section 315 of the Federal Election Cam- when a communication is taken as a whole parts for such subchapter A is amended by paign Act of 1971 (2 U.S.C. 441a), as amended adding at the end thereof the following new and with limited reference to external events, an expression of support for or oppo- by section 401, is further amended by adding item: sition to a specific candidate, to a specific at the end the following new subsection: ‘‘Part IX. Designation of overpayments and group of candidates, or to candidates of a ‘‘(j)(1) A candidate for the office of Rep- contributions for certain pur- particular political party, or a suggestion to resentative in, or Delegate or Resident Com- poses relating to House of Rep- take action with respect to an election, such missioner to, the Congress who is not a cer- resentatives elections.’’ as to vote for or against, make contributions tified House candidate under title V (and the to, or participate in campaign activity, or an authorized political committees of such can- (c) EFFECTIVE DATE.—The amendments expression which would reasonably be con- didate) may not, with respect to an election made by this section shall apply to taxable strued as intending to influence the outcome other than a general election, accept con- years beginning after December 31, 1998. of an election.’’. tributions from large donor multicandidate SEC. 202. INCREASE IN CORPORATE INCOME TAX (2) CONTRIBUTION DEFINITION AMENDMENT.— political committees in excess of 20 percent ON TAXABLE INCOME ABOVE Section 301(8)(A) of such Act (2 U.S.C. of the maximum amount which a certified $10,000,000. 431(8)(A)) is amended— House candidate may expend with respect to (a) IN GENERAL.—Paragraph (4) of sub- (A) in clause (i), by striking ‘‘or’’ after the the general election under title V. section (b) of section 11 of the Internal Reve- semicolon at the end; ‘‘(2) In paragraph (1), the term ‘large donor nue Code of 1986 is amended by striking ‘‘35 (B) in clause (ii), by striking the period at multicandidate political committee’ means a percent’’ and inserting ‘‘35.1 percent’’. the end and inserting ‘‘; or’’; and multicandidate political committee that ac- (b) EFFECTIVE DATE.—The amendment (C) by adding at the end the following new cepts contributions totaling more than $200 made by subsection (a) shall apply to taxable clause: from any single source in a calendar year.’’. years beginning after the date of the enact- ‘‘(iii) any payment or other transaction re- TITLE VI—CONSIDERATION OF ment of this Act. ferred to in paragraph (17)(A) that does not CONSTITUTIONAL AMENDMENT (c) USE OF AMOUNTS RECEIVED.—Amounts qualify as an independent expenditure under received by reason of the amendment made SEC. 601. EXPEDITED CONSIDERATION OF CON- paragraph (17)(B).’’. by subsection (a) shall be paid over to the STITUTIONAL AMENDMENT. SEC. 402. BAN ON USE OF SOFT MONEY FOR CER- Grassroots Good Citizenship Fund under sec- (a) IN GENERAL.—If any provision of this TAIN EXPENDITURES. Act or any amendment made by this Act is tion 521 of the Federal Election Campaign Title III of the Federal Election Campaign Act of 1971. found unconstitutional by the Supreme Act of 1971 (2 U.S.C. 431 et seq.), as amended Court, the provisions of section 2908 (other TITLE III—BAN ON USE OF SOFT MONEY by section 301, is further amended by adding than subsection (a)) of the Defense Base Clo- BY HOUSE CANDIDATES at the end the following new section: sure and Realignment Act of 1990 shall apply SEC. 301. BAN ON USE OF SOFT MONEY BY HOUSE ‘‘BAN ON USE OF NON-FEDERAL FUNDS FOR to the consideration of a joint resolution de- CANDIDATES. CERTAIN EXPENDITURES scribed in section 602 in the same manner as Title III of the Federal Election Campaign ‘‘SEC. 324. (a) IN GENERAL.—No person may such provisions apply to a joint resolution Act of 1971 (2 U.S.C. 431 et seq.) is amended disburse any funds for any expenditure de- described in section 2908(a) of such Act. by adding at the end the following new sec- scribed in subsection (b) unless the funds are (b) SPECIAL RULES.—For purposes of apply- tion: subject to the limitations, prohibitions, and ing subsection (a) with respect to such provi- ‘‘BAN ON USE OF NON-REGULATED FUNDS BY reporting requirements of this Act. sions, the following rules shall apply: HOUSE CANDIDATES ‘‘(b) EXPENDITURES DESCRIBED.—The ex- (1) Any reference to the Committee on penditures described in this subsection are as ‘‘SEC. 323. (a) IN GENERAL.—No funds may Armed Services of the House of Representa- follows: tives shall be deemed a reference to the Com- be solicited, disbursed, or otherwise used ‘‘(1) An expenditure made by an authorized with respect to any House of Representatives mittee on the Judiciary of the House of Rep- committee of a candidate for Federal office resentatives and any reference to the Com- election unless the funds are subject to the or a political committee of a political party. limitations and prohibitions of this Act. mittee on Armed Services of the Senate ‘‘(2) An expenditure made by a person who, shall be deemed a reference to the Commit- ‘‘(b) HOUSE OF REPRESENTATIVES ELECTION during the election cycle, has made a con- DEFINED.—In this section, the term ‘House of tee on the Judiciary of the Senate. tribution to a candidate, where the expendi- (2) Any reference to the date on which the Representatives election’ means any election ture is in support of that candidate or in op- for the office of Representative in, or Dele- President transmits a report shall be deemed position to another candidate for the same a reference to the date on which the Su- gate or Resident Commissioner to, the Con- office. gress.’’. preme Court finds a provision of this Act or ‘‘(3) An expenditure made by a person, or a an amendment made by this Act unconstitu- TITLE IV—INDEPENDENT EXPENDITURES political committee established, maintained tional. SEC. 401. BAN ON INDEPENDENT EXPENDITURES or controlled by such person, who is required to register, under section 308 of the Federal SEC. 602. CONSTITUTIONAL AMENDMENT DE- IN HOUSE OF REPRESENTATIVES SCRIBED. ELECTIONS. Regulation of Lobbying Act (2 U.S.C. 267) or For purposes of section 601, a joint resolu- (a) IN GENERAL.—Section 315 of the Federal the Foreign Agents Registration Act (22 tion described in this section is a joint reso- Election Campaign Act of 1971 (2 U.S.C. 441a) U.S.C. 611) or any successor Federal law re- lution proposing the following text as an is amended by adding at the end the follow- quiring a person who is a lobbyist or foreign amendment to the Constitution of the ing new subsection; agent to register. United States: ‘‘(i) No person may make any independent ‘‘(4) An expenditure made by a person who, expenditure with respect to an election for during the election cycle, has communicated ‘‘ARTICLE— the office of Representative in, or Delegate with or received information from a can- ‘‘SECTION 1. In campaigns for election for or Resident Commissioner to, the Con- didate or a representative of that candidate Federal office, as necessary to protect the in- gress.’’. regarding activities that have the purpose of tegrity of the electoral process, Congress (b) CLARIFICATION OF DEFINITIONS RELATING influencing that candidate’s election to Fed- may provide for reasonable restrictions on TO INDEPENDENT EXPENDITURES.— eral office, where the expenditure is in sup- the making of independent expenditures for (1) IN GENERAL.—Section 301 of such Act (2 port of that candidate or in opposition to an- public communications made during the 90- U.S.C. 431) is amended by striking para- other candidate for that office. day period ending on the date of a general H3324 CONGRESSIONAL RECORD — HOUSE May 14, 1998 election and on the making of expenditures SEC. 4. DISCLOSURE REQUIREMENTS FOR CER- SEC. 6. WAIVER OF ‘‘BEST EFFORTS’’ EXCEPTION for public communications which contain ex- TAIN SOFT MONEY EXPENDITURES FOR INFORMATION ON IDENTIFICA- press advocacy. OF POLITICAL PARTIES. TION OF CONTRIBUTORS. ‘‘SEC. 2. Nothing in clause 1 may be con- (a) TRANSFERS OF FUNDS BY NATIONAL PO- (a) IN GENERAL.—Section 302(i) of the Fed- strued to affect the validity of any restric- LITICAL PARTIES.—Section 304(b)(4) of the eral Election Campaign Act of 1971 (2 U.S.C. tions on expenditures in campaigns for elec- Federal Election Campaign Act of 1971 (2 432(i)) is amended— tion for Federal office which are in effect U.S.C. 434(b)(4)) is amended— (1) by striking ‘‘(i) When the treasurer’’ prior to the adoption of this article. (1) by striking ‘‘and’’ at the end of subpara- and inserting ‘‘(i)(1) Except as provided in ‘‘SEC. 3. Congress shall have power to en- graph (H); paragraph (2), when the treasurer’’; and force this article by appropriate legislation. (2) by adding ‘‘and’’ at the end of subpara- (2) by adding at the end the following new No legislation enacted to enforce this article graph (I); and paragraph: shall apply with respect to any election held (3) by adding at the end the following new ‘‘(2) Paragraph (1) shall not apply with re- after the last day of the year of the third subparagraph: spect to information regarding the identi- Presidential election held after the date of ‘‘(J) in the case of a political committee of fication of any person who makes a contribu- the enactment of the legislation, unless the a national political party, all funds trans- tion or contributions aggregating more than period in which such legislation is in effect ferred to any political committee of a State $200 during a calendar year (as required to be is extended by an Act of Congress which is or local political party, without regard to provided under subsection (c)(3)).’’. signed into law by the President.’’. whether or not the funds are otherwise treat- (b) EFFECTIVE DATE.—The amendment ed as contributions or expenditures under made by subsection (a) shall apply with re- [Submitted May 14, 1998] this title;’’. spect to persons making contributions for H.R. 2183 (b) DISCLOSURE BY STATE AND LOCAL POLIT- elections occurring after January 1999. OFFERED BY: MR. DOOLITTLE ICAL PARTIES OF INFORMATION REPORTED H.R. 2183 UNDER STATE LAW.—Section 304 of such Act (Amendment in the Nature of a Substitute) OFFERED BY: MR. DOOLITTLE (2 U.S.C. 434) is amended by adding at the AMENDMENT NO. 5: Strike all after the en- (Amendment in the Nature of a Substitute) acting clause and insert the following: end the following new subsection: ‘‘(d) If a political committee of a State or AMENDMENT NO. 6: Strike all after the en- SECTION 1. SHORT TITLE. local political party is required under a acting clause and insert the following: This Act may be cited as the ‘‘Citizen Leg- State or local law, rule, or regulation to sub- SECTION 1. TERMINATION OF TAXPAYER FINANC- islature and Political Freedom Act’’. mit a report on its disbursements to an en- ING OF PRESIDENTIAL ELECTION SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL tity of the State or local government, the CAMPAIGNS. ELECTION CAMPAIGN CONTRIBU- committee shall file a copy of the report (a) TERMINATION OF DESIGNATION OF INCOME TIONS. with the Commission at the time it submits TAX PAYMENTS.—Section 6096 of the Internal Section 315(a) of the Federal Election Cam- the report to such an entity.’’. Revenue Code of 1986 is amended by adding paign Act of 1971 (2 U.S.C. 441a(a)) is amend- (c) EFFECTIVE DATE.—The amendments at the end the following new subsection: ed by adding at the end the following new made by this section shall apply with respect ‘‘(d) TERMINATION.—This section shall not paragraph: to elections occurring after January 1999. apply to taxable years beginning after De- ‘‘(9) The limitations established under this SEC. 5. PROMOTING EXPEDITED AVAILABILITY cember 31, 1997.’’ subsection shall not apply to contributions OF FEC REPORTS. (b) TERMINATION OF FUND AND ACCOUNT.— made during calendar years beginning after (a) MANDATORY ELECTRONIC FILING.—Sec- (1) TERMINATION OF PRESIDENTIAL ELECTION 1998.’’ tion 304(a)(11)(A) of the Federal Election CAMPAIGN FUND.— SEC. 3. TERMINATION OF TAXPAYER FINANCING Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) (A) IN GENERAL.—Chapter 95 of subtitle H OF PRESIDENTIAL ELECTION CAM- is amended by striking ‘‘permit reports re- of such Code is amended by adding at the end PAIGNS. quired by’’ and inserting ‘‘require reports the following new section: (a) TERMINATION OF DESIGNATION OF INCOME under’’. ‘‘SEC. 9014. TERMINATION. TAX PAYMENTS.—Section 6096 of the Internal (b) REQUIRING REPORTS FOR ALL CONTRIBU- ‘‘The provisions of this chapter shall not Revenue Code of 1986 is amended by adding TIONS MADE TO ANY POLITICAL COMMITTEE apply with respect to any presidential elec- at the end the following new subsection: WITHIN 90 DAYS OF ELECTION; REQUIRING RE- tion (or any presidential nominating conven- ‘‘(d) TERMINATION.—This section shall not PORTS TO BE MADE WITHIN 24 HOURS.—Sec- tion) after December 31, 1998, or to any can- apply to taxable years beginning after De- tion 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is didate in such an election.’’ cember 31, 1997.’’ amended to read as follows: (b) TRANSFER OF EXCESS FUNDS TO GENERAL (b) TERMINATION OF FUND AND ACCOUNT.— ‘‘(6)(A) Each political committee shall no- FUND.—Section 9006 of such Code is amended (1) TERMINATION OF PRESIDENTIAL ELECTION tify the Secretary or the Commission, and by adding at the end the following new sub- CAMPAIGN FUND.— the Secretary of State, as appropriate, in section: (A) IN GENERAL.—Chapter 95 of subtitle H writing, of any contribution received by the ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER of such Code is amended by adding at the end committee during the period which begins on 1998.—The Secretary shall transfer all the following new section: the 90th day before an election and ends at amounts in the fund after December 31, 1998, ‘‘SEC. 9014. TERMINATION. the time the polls close for such election. to the general fund of the Treasury.’’ ‘‘The provisions of this chapter shall not This notification shall be made within 24 (2) TERMINATION OF ACCOUNT.—Chapter 96 of hours (or, if earlier, by midnight of the day apply with respect to any presidential elec- subtitle H of such Code is amended by adding on which the contribution is deposited) after tion (or any presidential nominating conven- a the end the following new section: tion) after December 31, 1998, or to any can- the receipt of such contribution and shall in- didate in such an election.’’ clude the name of the candidate involved (as ‘‘SEC. 9043. TERMINATION. ‘‘The provisions of this chapter shall not (B) TRANSFER OF EXCESS FUNDS TO GENERAL appropriate) and the office sought by the apply to any candidate with respect to any FUND.—Section 9006 of such Code is amended candidate, the indentification of the contrib- by adding at the end the following new sub- utor, and the date of receipt and amount of presidential election after December 31, section: the contribution. 1998.’’ (c) CLERICAL AMENDMENTS.— ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER ‘‘(B) The notification required under this (1) Table of sections for chapter 95 of sub- 1998.—The Secretary shall transfer all paragraph shall be in addition to all other title H of such Code is amended by adding at amounts in the fund after December 31, 1998, reporting requirements under this Act.’’. the end the following new item: to the general fund of the Treasury.’’ (c) INCREASING ELECTRONIC DISCLOSURE.— (2) TERMINATION OF ACCOUNT.—Chapter 96 of Section 304 of such Act (2 U.S.C. 434(a)), as ‘‘Sec. 09014. Termination.’’ subtitle H of such Code is amended by adding amended by section 4(b), is further amended (2) The table of sections for chapter 96 of at the end the following new section: by adding at the end the following new sub- subtitle H of such Code is amended by adding ‘‘SEC. 9043. TERMINATION. section: at the end the following new item: ‘‘(e)(1) The Commission shall make the in- ‘‘The provisions of this chapter shall not ‘‘Sec. 9043. Termination.’’ formation contained in the reports submit- apply to any candidate with respect to any ted under this section available on the Inter- Amend the title so as to read: ‘‘A bill to presidential election after December 31, net and publicly available at the offices of amend the Internal Revenue Code of 1986 to 1998.’’ the Commission as soon as practicable (but terminate public financing of presidential (c) CLERICAL AMENDMENTS.— in no case later than 24 hours) after the in- election campaigns.’’. (1) The table of sections for chapter 95 of formation is received by the Commission. H.R. 2183 subtitle H of such Code is amended by adding ‘‘(2) In this subsection, the term ‘Internet’ OFFERED BY: MR. FARR OF CALIFORNIA at the end the following new item: means the international computer network (Amendment in the Nature of a Substitute) ‘‘Sec. 9014. Termination.’’ of both Federal and non-Federal interoper- AMENDMENT NO. 7: Strike all after the en- (2) The table of sections for chapter 96 of able packet-switched data networks.’’. (d) EFFECTIVE DATE.—The amendment acting clause and insert the following: subtitle H of such Code is amended by adding made by this section shall apply with respect SECTION 1. SHORT TITLE; TABLE OF CONTENTS. at the end the following new item: to reports for periods beginning on or after (a) SHORT TITLE.—This Act may be cited as ‘‘Sec. 9043. Termination.’’ January 1, 1999. the ‘‘American Political Reform Act’’. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3325

(b) TABLE OF CONTENTS.—The table of con- Sec. 507. Reporting on general campaign ac- House of Representatives candidate in a con- tents for this Act is as follows: tivities of persons other than tested primary election wins that primary Sec. 1. Short title; table of contents. political parties. election by a margin of 20 percentage points TITLE I—CONGRESSIONAL CAMPAIGN TITLE VI—BROADCAST RATES AND or less, the candidate may make additional SPENDING LIMITS AND BENEFITS CAMPAIGN ADVERTISING expenditures aggregating not more than $200,000 in the election cycle. Sec. 601. Broadcast rates and campaign ad- Subtitle A—Election Campaign Spending ‘‘(d) EXCEPTIONS TO LIMITATIONS.— vertising. Limits and Benefits ‘‘(1) NONPARTICIPATING OPPONENT.—The Sec. 101. Spending limits and benefits. Sec. 602. Campaign advertising amendments. limitations imposed by subsections (a) and Sec. 603. Eligibility for nonprofit third class Subtitle B—Limitations on Contributions to (b) do not apply in the case of an eligible bulk rates of postage. House of Representatives Candidates House of Representatives candidate if any TITLE VII—MISCELLANEOUS Sec. 121. Limitations on political commit- other general election candidate seeking tees. Sec. 701. Prohibition of leadership commit- nomination or election to that office— Sec. 122. Limitations on political committee tees. ‘‘(A) is not an eligible House of Representa- and large donor contributions Sec. 702. Appearance by Federal Election tives candidate; and that may be accepted by House Commission as amici curiae. ‘‘(B) makes expenditures in excess of 30 of Representatives candidates. Sec. 703. Prohibiting solicitation of con- percent of the limitation under subsection tributions by members in hall Subtitle C—Related Provisions (a). of the House of Representa- ‘‘(2) INDEPENDENT EXPENDITURES AGAINST Sec. 131. Reporting requirements. tives. ELIGIBLE CANDIDATE.—The limitations im- Sec. 132. Registration as eligible House of posed by subsections (a) and (b) do not apply Representatives candidate. TITLE VIII—EFFECTIVE DATES; in the case of an eligible House of Represent- Sec. 133. Definitions. AUTHORIZATIONS atives candidate if the total amount of inde- Subtitle D—Tax on Excess Political Expendi- Sec. 801. Effective date. Sec. 802. Severability. pendent expenditures made during the elec- tures of Certain Congressional Campaign tion cycle on behalf of candidates opposing Funds Sec. 803. Expedited review of constitutional issues. such eligible candidate exceeds $15,000. Sec. 141. Tax treatment of certain campaign Sec. 804. Regulations. ‘‘(3) CONTINUED ELIGIBILITY FOR BENEFITS.— funds. An eligible House of Representatives can- TITLE II—INDEPENDENT EXPENDITURES TITLE I—CONGRESSIONAL CAMPAIGN didate referred to in paragraph (1) or para- SPENDING LIMITS AND BENEFITS Sec. 201. Clarification of definitions relating graph (2) shall continue to be eligible for all to independent expenditures. Subtitle A—Election Campaign Spending benefits under this title. Sec. 202. Reporting requirements for certain Limits and Benefits ‘‘(e) EXEMPTION FOR LEGAL COSTS AND independent expenditures. SEC. 101. SPENDING LIMITS AND BENEFITS. TAXES.— ‘‘(1) IN GENERAL.—Any costs incurred by an TITLE III—CONTRIBUTIONS AND EX- (a) IN GENERAL.—The Federal Election eligible House of Representatives candidate PENDITURES BY POLITICAL PARTY Campaign Act of 1971 is amended by adding or his or her authorized committee, or a Fed- COMMITTEES at the end the following new title: eral officeholder, for qualified legal services, ‘‘TITLE V—ELECTION SPENDING LIMITS Sec. 301. Definitions. for Federal, State, or local income taxes on AND BENEFITS Sec. 302. Contributions to political party earnings of a candidate’s authorized commit- committees. ‘‘TITLE V—ELECTION SPENDING LIMITS tees, or to comply with section 512 shall not Sec. 303. Increase in the amount that multi- AND BENEFITS be considered in the computation of amounts candidate political committees ‘‘Subtitle A—Election Campaigns for the subject to limitation under this section. may contribute to national po- House of Representatives ‘‘(2) QUALIFIED LEGAL SERVICES.—For pur- litical party committees. poses of this subsection, the term ‘qualified Sec. 304. Merchandising and affinity cards. ‘‘Sec. 501. Expenditure limitations. Sec. 305. Provisions relating to national, ‘‘Sec. 502. Personal contribution limita- legal services’ means— State, and local party commit- tions. ‘‘(A) any legal service performed on behalf tees. ‘‘Sec. 503. Definition. of an authorized committee; or Sec. 306. Restrictions on fundraising by can- ‘‘Subtitle B—Administrative Provisions ‘‘(B) any legal service performed on behalf of a candidate or Federal officeholder in con- didates and officeholders. ‘‘Sec. 511. Certifications by Commission. nection with his or her duties or activities as Sec. 307. Reporting requirements. ‘‘Sec. 512. Examination and audits; repay- a candidate or Federal officeholder. TITLE IV—CONTRIBUTIONS ments and civil penalties. ‘‘(f) EXEMPTION FOR FUNDRAISING OR AC- ‘‘Sec. 513. Judicial review. Sec. 401. Restrictions on bundling. COUNTING COSTS.—Any costs incurred by an Sec. 402. Contributions by dependents not of ‘‘Sec. 514. Reports to Congress; certifi- eligible House of Representatives candidate voting age. cations; regulations. or his or her authorized committee in con- Sec. 403. Prohibition of acceptance by a can- ‘‘Sec. 515. Closed captioning requirement for nection with the solicitation of contribu- didate of cash contributions television commercials of eligi- tions on behalf of such candidate, or for ac- from any one person aggregat- ble candidates. counting services to ensure compliance with ing more than $100. ‘‘Subtitle C—Congressional Election this Act, shall not be considered in the com- Sec. 404. Contributions to candidates from Campaign Fund putation of amounts subject to expenditure State and local committees of ‘‘Sec. 521. Establishment and operation of limitation under subsection (a) to the extent political parties to be aggre- the Fund. that the aggregate of such costs does not ex- gated. ‘‘Sec. 522. Designation of receipts to the ceed 10 percent of the expenditure limitation Sec. 405. Prohibition of false representation Fund. under subsection (a). to solicit contributions. ‘‘(g) INDEXING.—The dollar amounts speci- ‘‘Subtitle A—Election Campaigns for the Sec. 406. Limited exclusion of advances by fied in subsections (a), (b), and (c) shall be House of Representatives campaign workers from the def- adjusted at the beginning of each calendar inition of the term ‘‘contribu- ‘‘SEC. 501. EXPENDITURE LIMITATIONS. year based on the increase in the price index tion’’. ‘‘(a) IN GENERAL.—An eligible House of determined under section 315(c), except that, Sec. 407. Amendment to section 316 of the Representatives candidate may not, in an for the purposes of such adjustment, the base Federal Election Campaign Act election cycle, make expenditures aggregat- period shall be calendar year 1996. of 1971. ing more than $600,000. ‘‘(h) RECALL ACTIONS.—The limitations of Sec. 408. Prohibition of certain election-re- ‘‘(b) RUNOFF ELECTION AND SPECIAL ELEC- this section do not apply in the case of any lated activities of foreign na- TION AMOUNTS.— recall action held pursuant to State law. tionals. ‘‘(1) RUNOFF ELECTION AMOUNT.—If an eligi- ‘‘SEC. 502. PERSONAL CONTRIBUTION LIMITA- TITLE V—REPORTING REQUIREMENTS ble House of Representatives candidate is a TIONS. Sec. 501. Change in certain reporting from a candidate in a runoff election, the candidate ‘‘(a) PERSONAL CONTRIBUTIONS.—An eligible calendar year basis to an elec- may make additional expenditures aggregat- House of Representatives candidate may not, tion cycle basis. ing not more than $200,000 in the election with respect to an election cycle, make con- Sec. 502. Disclosure of personal and consult- cycle. tributions or loans to the candidate’s own ing services. ‘‘(2) SPECIAL ELECTION AMOUNT.—An eligi- campaign totaling more than $50,000 from Sec. 503. Political committees other than ble House of Representatives candidate who the personal funds of the candidate. Con- candidate committees. is a candidate in a special election may tributions from the personal funds of a can- Sec. 504. Use of candidates’ names. make expenditures aggregating not more didate may not qualify for certification for Sec. 505. Reporting requirements. than $600,000 with respect to the special elec- voter benefits under this title. Sec. 506. Simultaneous registration of can- tion. ‘‘(b) LIMITATION EXCEPTION.—The limita- didate and candidate’s principal ‘‘(c) CLOSELY CONTESTED PRIMARY.—If, as tion imposed by subsection (a) does not campaign committee. determined by the Commission, an eligible apply— H3326 CONGRESSIONAL RECORD — HOUSE May 14, 1998 ‘‘(1) in the case of an eligible House of Rep- have complied with the conditions of eligi- meaning given such term by section 551(13) resentatives candidate if any other general bility and other requirements of this title. of title 5, United States Code. election candidate for that office makes con- The Commission shall conduct an examina- ‘‘SEC. 514. REPORTS TO CONGRESS; CERTIFI- tributions or loans to the candidate’s own tion and audit of the accounts of all can- CATIONS; REGULATIONS. campaign totaling more than $50,000 from didates for election to an office where any el- ‘‘(a) REPORTS.—The Commission shall, as the personal funds of the candidate; or igible candidate for the office is selected for soon as practicable after each election, sub- ‘‘(2) with respect to any contribution or examination and audit. mit a full report to the House of Representa- loan used for costs described in section 501 ‘‘(2) SPECIAL ELECTION.—After each special tives setting forth— (e) or (f). election involving an eligible candidate, the ‘‘(1) the expenditures (shown in such detail ‘‘(c) AGGREGATION.—For purposes of sub- Commission shall conduct an examination as the Commission determines appropriate) section (a), any contribution or loan to a and audit of the campaign accounts of all made by each eligible candidate and the au- candidate’s campaign by a member of a can- candidates in the election to determine thorized committees of such candidate; didate’s immediate family shall be treated as whether the candidates have complied with ‘‘(2) the benefits certified by the Commis- made by the candidate. the conditions of eligibility and other re- sion as available to each eligible candidate ‘‘SEC. 503. DEFINITION. quirements of this Act. under this title; and ‘‘As used in this title, the term ‘benefits’ ‘‘(3) AFFIRMATIVE VOTE.—The Commission ‘‘(3) the names of any candidates against means, with respect to an eligible House of may conduct an examination and audit of whom penalties were imposed under section Representatives candidate, reduced charges the campaign accounts of any eligible House 512, together with the amount of each such for use of a broadcasting station under sec- of Representatives candidate in a general penalty and the reasons for its imposition. tion 315 of the Communications Act of 1934 election if the Commission determines that ‘‘(b) DETERMINATIONS BY COMMISSION.—Sub- (47 U.S.C. 315) and eligibility for nonprofit there exists reason to believe whether such ject to sections 512 and 513, all determina- third-class bulk rates of postage under sec- candidate may have violated any provision tions (including certifications under section tion 3626(e) of title 39, United States Code. of this title. 511) made by the Commission under this title shall be final and conclusive. ‘‘Subtitle B—Administrative Provisions ‘‘(b) NOTIFICATION OF EXCESS EXPENDI- TURES.—If the Commission determines that ‘‘(c) RULES AND REGULATIONS.—The Com- ‘‘SEC. 511. CERTIFICATIONS BY COMMISSION. any eligible candidate who has received ben- mission is authorized to prescribe such rules ‘‘(a) GENERAL ELIGIBILITY.—The Commis- efits under this title has made expenditures and regulations, in accordance with the pro- sion shall certify whether a candidate is eli- in excess of any limit under subtitle A, the visions of subsection (d), to conduct such au- gible to receive benefits under subtitle A. Commission shall notify the candidate. dits, examinations and investigations, and to The initial determination shall be based on ‘‘(c) CIVIL PENALTIES.— require the keeping and submission of such the candidate’s filings under this title. Any ‘‘(1) EXCESS EXPENDITURES.— books, records, and information, as it deems subsequent determination shall be based on ‘‘(A) LOW AMOUNT OF EXCESS EXPENDI- necessary to carry out the functions and du- relevant additional information submitted in TURES.—Any eligible House of Representa- ties imposed on it by this title. such form and manner as the Commission tives candidate who makes expenditures that ‘‘(d) REPORT OF PROPOSED REGULATIONS.— may require. exceed a limitation under subtitle A by 2.5 The Commission shall submit to the House ‘‘(b) CERTIFICATION OF BENEFITS.— percent or less shall pay to the Commission of Representatives a report containing a de- ‘‘(1) DEADLINE FOR RESPONSE TO RE- an amount equal to the amount of the excess tailed explanation and justification of each QUESTS.—The Commission shall respond to a expenditures. rule and regulation of the Commission under candidate’s request for certification for eligi- ‘‘(B) MEDIUM AMOUNT OF EXCESS EXPENDI- this title. No such rule, regulation, or form bility to receive benefits under this section TURES.—Any eligible House of Representa- may take effect until a period of 60 legisla- not later than 5 business days after the can- tives candidate who makes expenditures that tive days has elapsed after the report is re- didate submits the request. exceed a limitation under subtitle A by more ceived. As used in this subsection, the terms ‘‘(2) REQUESTS.—Any request for certifi- than 2.5 percent and less than 5 percent shall ‘rule’ and ‘regulation’ mean a provision or cation submitted by a candidate shall con- pay to the Commission an amount equal to series of interrelated provisions stating a tain— three times the amount of the excess expend- single, separable rule of law. ‘‘(A) such information and be made in ac- itures. ‘‘SEC. 515. CLOSED CAPTIONING REQUIREMENT cordance with such procedures as the Com- ‘‘(C) LARGE AMOUNT OF EXCESS EXPENDI- FOR TELEVISION COMMERCIALS OF ELIGIBLE CANDIDATES. mission may provide by regulation; and TURES.—Any eligible House of Representa- ‘‘(B) a verification signed by the candidate tives candidate who makes expenditures that ‘‘No eligible House of Representatives can- and the treasurer of the principal campaign exceed a limitation under subtitle A by 5 didate may receive benefits under subtitle A committee of such candidate stating that percent or more shall pay to the Commission unless such candidate has certified that any the information furnished in support of the an amount equal to three times the amount television commercial prepared or distrib- request, to the best of their knowledge, is of the excess expenditures plus, if the Com- uted by the candidate will be prepared in a correct and fully satisfies the requirement of mission determines such excess expenditures manner that contains, is accompanied by, or this title. were knowing and willful, a civil penalty in otherwise readily permits closed captioning ‘‘(3) PARTIAL CERTIFICATION.—If the Com- an amount determined by the Commission. of the oral content of the commercial to be broadcast by way of line 21 of the vertical mission determines that any portion of a re- ‘‘(2) MISUSED BENEFITS OF CANDIDATES.—If quest does not meet the requirement for cer- the Commission determines that an eligible blanking interval, or by way of comparable tification, the Commission shall withhold House of Representatives candidate used any successor technologies.’’. the certification for that portion only and benefit received under this title in a manner Subtitle B—Limitations on Contributions to inform the candidate as to how the request not provided for in this title, the Commis- House of Representatives Candidates may be corrected. sion may assess a civil penalty against such SEC. 121. LIMITATIONS ON POLITICAL COMMIT- ‘‘(4) CERTIFICATION WITHHELD.—The Com- candidate in an amount not greater than 200 TEES. mission may withhold certification if it de- percent of the amount involved. (a) MULTICANDIDATE POLITICAL COMMIT- termines that a candidate who is otherwise ‘‘(d) LIMIT ON PERIOD FOR NOTIFICATION.— TEES.—Section 315(a)(2)(A) of the Federal eligible has engaged in a pattern of activity No notification shall be made by the Com- Election Campaign Act of 1971 (2 U.S.C. indicating that the candidate’s filings under mission under this section with respect to an 441a(a)(2)(A)) is amended by striking out this title cannot be relied upon. election more than 3 years after the date of ‘‘with respect’’ and all that follows through ‘‘(c) WITHDRAWAL OF CERTIFICATION.—If the such election. ‘‘$5,000,’’ and inserting in lieu thereof: Commission determines that a candidate ‘‘SEC. 513. JUDICIAL REVIEW. ‘‘which, in the aggregate, exceed $5,000 with who is certified as an eligible House of Rep- ‘‘(a) JUDICIAL REVIEW.—Any agency action respect to an election for Federal office or resentatives candidate pursuant to this sec- by the Commission made under the provi- $8,000 with respect to an election cycle (not tion has made expenditures in excess of any sions of this title shall be subject to review including a runoff election);’’. limit under subtitle A or otherwise no longer by the United States Court of Appeals for (b) CANDIDATE’S COMMITTEES.—(1) Section meets the requirements for certification the District of Columbia Circuit upon peti- 315(a) of such Act (2 U.S.C. 441a(a)) is amend- under this title, the Commission shall re- tion filed in such court within 30 days after ed by adding at the end the following new voke the candidate’s certification. the agency action by the Commission for paragraph: ‘‘SEC. 512. EXAMINATION AND AUDITS; REPAY- which review is sought. It shall be the duty ‘‘(9) For the purposes of the limitations MENTS AND CIVIL PENALTIES. of the Court of Appeals, ahead of all matters provided by paragraphs (1) and (2), any polit- ‘‘(a) EXAMINATIONS AND AUDITS.— not filed under this title, to advance on the ical committee which is established or fi- ‘‘(1) GENERAL ELECTIONS.—After each gen- docket and expeditiously take action on all nanced or maintained or controlled by any eral election, the Commission shall conduct petitions filed pursuant to this title. candidate or Federal officeholder shall be an examination and audit of the campaign ‘‘(b) APPLICATION OF TITLE 5.—The provi- deemed to be an authorized committee of accounts of 5 percent of the eligible House of sions of chapter 7 of title 5, United States such candidate or officeholder. Nothing in Representatives candidates, as designated by Code, shall apply to judicial review of any this paragraph shall be construed to permit the Commission through the use of an appro- agency action by the Commission. the establishment, financing, maintenance, priate statistical method of random selec- ‘‘(c) AGENCY ACTION.—For purposes of this or control of any committee which is prohib- tion, to determine whether such candidates section, the term ‘agency action’ has the ited by paragraph (3) or (6) of section 302(e).’’ May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3327 (2) Section 302(e)(3) of such Act (2 U.S.C. shall not be considered in the computation of cific office the candidate is seeking, which- 432(e)(3)) is amended to read as follows: amounts subject to limitation under this ever is later, and ending on the earlier of— ‘‘(3) No political committee that supports subsection. ‘‘(A) the date of such general election; or or has supported more than one candidate ‘‘(6) TRANSFER PROVISION.—The limitations ‘‘(B) the date on which the candidate with- may be designated as an authorized commit- imposed by this subsection shall apply with- draws from the campaign or otherwise ceases tee, except that— out regard to amounts transferred from pre- actively to seek election. ‘‘(A) a candidate for the office of President vious election cycles or other authorized ‘‘(22) The term ‘immediate family’ means— nominated by a political party may des- committees of the same candidate. Can- ‘‘(A) a candidate’s spouse; ignate the national committee of such politi- didates shall not be required to seek the re- ‘‘(B) a child, stepchild, parent, grand- cal party as the candidate’s principal cam- designation of contributions in order to parent, brother, half-brother, sister or half- paign committee, but only if that national transfer such contributions to a later elec- sister of the candidate or the candidate’s committee maintains separate books of ac- tion cycle. spouse; and count with respect to its functions as a prin- ‘‘(7) INDEXATION OF AMOUNTS.—The dollar ‘‘(C) the spouse of any person described in cipal campaign committee; and amounts specified in this subsection shall be subparagraph (B). ‘‘(B) a candidate may designate a political adjusted at the beginning of each calendar ‘‘(23) The term ‘primary election’ means an committee established solely for the purpose year based on the increase in the price index election which may result in the selection of of joint fundraising by such candidates as an determined under subsection (c), except that, a candidate for the ballot in a general elec- authorized committee.’’ for the purposes of such adjustment, the base tion for a Federal office. (c) EFFECTIVE DATES.—(1) Except as pro- period shall be calendar year 1996.’’ ‘‘(24) The term ‘primary election period’ vided in paragraph (2), the amendments Subtitle C—Related Provisions means, with respect to any candidate, the made by this section shall apply to elections period beginning on the day following the SEC. 131. REPORTING REQUIREMENTS. (and the election cycles relating thereto) oc- date of the last election for the specific of- Title III of the Federal Election Campaign curring after December 31, 1998. fice the candidate is seeking and ending on Act of 1971 is amended by adding after sec- (2) In applying the amendments made by the earlier of— tion 304 the following new section: this section, there shall not be taken into ac- ‘‘(A) the date of the first primary election count— ‘‘REPORTING REQUIREMENTS FOR HOUSE for that office following the last general (A) contributions made or received before CANDIDATES election for that office; or January 1, 1999; or ‘‘SEC. 304A. A candidate for the office of ‘‘(B) the date on which the candidate with- (B) contributions made to, or received by, Representative in, or Delegate or Resident draws from the election or otherwise ceases a candidate on or after January 1, 1999, to Commissioner to, the Congress who— actively to seek election. the extent such contributions are not great- ‘‘(1) makes contributions in excess of ‘‘(25) The term ‘runoff election’ means an er than the excess (if any) of— $50,000 of personal funds of the candidate to election held after a primary election which (i) such contributions received by any op- the authorized committee of the candidate; is prescribed by applicable State law as the ponent of the candidate before January 1, or means for deciding which candidate will be 1999, over ‘‘(2) makes expenditures in excess of 50 per- on the ballot in the general election for a (ii) such contributions received by the can- cent and 100 percent of the limitation under Federal office. didate before January 1, 1999. section 501(a); ‘‘(26) The term ‘runoff election period’ SEC. 122. LIMITATIONS ON POLITICAL COMMIT- shall report that the threshold has been means, with respect to any candidate, the TEE AND LARGE DONOR CONTRIBU- reached to the Commission not later than 48 period beginning on the day following the TIONS THAT MAY BE ACCEPTED BY hours after reaching the threshold. The Com- HOUSE OF REPRESENTATIVES CAN- date of the last primary election for the spe- DIDATES. mission shall transmit a copy to each other cific office such candidate is seeking and Section 315 of the Federal Election Cam- candidate for election to the same office ending on the date of the runoff election for paign Act of 1971 (2 U.S.C. 441a) is amended within 48 hours of receipt.’’ such office. by adding at the end the following new sub- SEC. 132. REGISTRATION AS ELIGIBLE HOUSE OF ‘‘(27) The term ‘special election’ means any section: REPRESENTATIVES CANDIDATE. election (whether primary, runoff, or gen- ‘‘(i) LIMITATIONS ON CONTRIBUTIONS ACCEPT- Section 302(e) of the Federal Election Cam- eral) for Federal office held by reason of a ED BY HOUSE OF REPRESENTATIVES CAN- paign Act of 1971 (2 U.S.C. 432(e)) is amended vacancy in the office arising before the end DIDATE.— by adding at the end the following new para- of the term of the office. ‘‘(1) POLITICAL COMMITTEES.—A candidate graphs: ‘‘(28) The term ‘special election period’ for the office of Representative in, or Dele- ‘‘(6)(A) In the case of a candidate for the means, with respect to any candidate for any gate or Resident Commissioner to, the Con- office of Representative in, or Delegate or Federal office, the period beginning on the gress may not, with respect to an election Resident Commissioner to, the Congress, date the vacancy described in paragraph (28) cycle, accept contributions from political who desires to be an eligible House of Rep- occurs and ending on the earlier of— committees aggregating in excess of $200,000. resentatives candidate, a declaration of par- ‘‘(A) the date the election resulting in the ‘‘(2) PERSONS OTHER THAN POLITICAL COM- ticipation of the candidate to abide by the election of a person to the office occurs; or MITTEES.—A candidate for the office of Rep- limits specified in sections 315(i), 501, and 502 ‘‘(B) the date on which the candidate with- resentative in, or Delegate or Resident Com- and provide the information required under draws from the campaign or otherwise ceases missioner to, the Congress may not, with re- section 503(b)(4) shall be included in the des- actively to seek election. spect to an election cycle, accept contribu- ignation required to be filed under paragraph ‘‘(29) The term ‘eligible House of Rep- tions aggregating in excess of $200,000 from (1). resentatives candidate’ means a candidate persons other than political committees ‘‘(B) A declaration of participation that is for election to the office of Representative whose contributions total more than $200. included in a statement of candidacy may in, or Delegate or Resident Commissioner to, ‘‘(3) CONTESTED PRIMARIES.—In addition to not thereafter be revoked.’’ the Congress, who, as determined by the the contributions under paragraphs (1) and SEC. 133. DEFINITIONS. Commission under section 511, is eligible to (2), if a House of Representatives candidate (a) IN GENERAL.—Section 301 of the Federal receive benefits under subtitle A of title V in a contested primary election wins that Election Campaign Act of 1971 (2 U.S.C. 431) by reason of filing a declaration of participa- primary election by a margin of 20 percent- is amended by striking paragraph (19) and in- tion under section 302(e) and complying with age points or less, the candidate may accept serting the following new paragraphs: the continuing eligibility requirements contributions of— ‘‘(19) The term ‘election cycle’ means— under section 511.’’ ‘‘(A) not more than $66,600 from political ‘‘(A) in the case of a candidate or the au- (b) IDENTIFICATION.—Section 301(13)(A) of committees; and thorized committees of a candidate, the term such Act (2 U.S.C. 431(13)(A)) is amended by ‘‘(B) not more than $66,600 from persons re- beginning on the day after the date of the striking ‘‘mailing address’’ and inserting ferred to in paragraph (2). most recent general election for the specific ‘‘permanent residence address’’. ‘‘(4) RUNOFF ELECTIONS.—In addition to the office or seat which such candidate seeks and Subtitle D—Tax on Excess Political Expendi- contributions under paragraphs (1) and (2), a ending on the date of the next general elec- tures of Certain Congressional Campaign House of Representatives candidate who is a tion for such office or seat; or Funds candidate in a runoff election may accept ‘‘(B) for all other persons, the term begin- SEC. 141. TAX TREATMENT OF CERTAIN CAM- contributions of (A) not more than $100,000 ning on the first day following the date of PAIGN FUNDS. from political committees; and (B) not more the last general election and ending on the (a) GENERAL RULE.—Chapter 41 of the In- than $100,000 from persons referred to in date of the next general election. ternal Revenue Code of 1986 is amended by paragraph (2). ‘‘(20) The term ‘general election’ means adding at the end thereof the following new ‘‘(5) EXEMPTION FOR CERTAIN COSTS.—Any any election which will directly result in the subchapter: amount— election of a person to a Federal office. ‘‘(A) accepted by a House of Representa- ‘‘(21) The term ‘general election period’ ‘‘Subchapter B—Excess Political Expendi- tives candidate; and means, with respect to any candidate, the tures of Certain Congressional Campaign ‘‘(B) used for costs incurred under section period beginning on the day after the date of Funds 501 (e) and (f), the primary or runoff election for the spe- ‘‘Sec. 4915. Tax on excess political expendi- tures of certain campaign funds. H3328 CONGRESSIONAL RECORD — HOUSE May 14, 1998 ‘‘SEC. 4915. TAX ON EXCESS POLITICAL EXPENDI- TITLE II—INDEPENDENT EXPENDITURES (2) by redesignating paragraph (3) as para- TURES OF CERTAIN CAMPAIGN SEC. 201. CLARIFICATION OF DEFINITIONS RE- graph (9); and FUNDS. LATING TO INDEPENDENT EXPENDI- (3) by inserting after paragraph (2), as ‘‘(a) IMPOSITION OF TAX.—If any applicable TURES. amended by paragraph (1), the following new campaign fund has excess political expendi- (a) INDEPENDENT EXPENDITURE DEFINITION paragraphs: tures for any election cycle, there is hereby AMENDMENT.—Section 301 of the Federal ‘‘(3)(A) Any person (including a political imposed on such excess political expendi- Election Campaign Act of 1971 (2 U.S.C. 431) committee) making independent expendi- tures a tax equal to the amount of such ex- is amended by striking paragraphs (17) and tures (including those described in sub- cess political expenditures multiplied by the (18) and inserting the following: section (b)(6)(B)(iii)) with respect to a can- highest rate of tax specified in section 11(b). ‘‘(17)(A) The term ‘independent expendi- didate in an election aggregating $1,000 or Such tax shall be imposed for the taxable ture’ means an expenditure that— more made after the 20th day, but more than year of such fund in which such election ‘‘(i) contains express advocacy; and 24 hours, before the election shall file a re- cycle ends. ‘‘(ii) is made without the participation or port within 24 hours after such independent ‘‘(b) APPLICABLE CAMPAIGN FUND.—For pur- cooperation of and without consultation poses of this section, the term ‘applicable expenditures are made. An additional report with a candidate or a candidate’s representa- campaign fund’ means any political organi- shall be filed each time independent expendi- tive. zation if— tures aggregating $1,000 are made with re- ‘‘(B) The following shall not be considered spect to the same candidate after the latest ‘‘(1) such organization is designated by a an independent expenditure: candidate for election or nomination to the report filed under this subparagraph. ‘‘(i) An expenditure made by an authorized ‘‘(B) Any person (including a political com- House of Representatives as such candidate’s committee of a candidate for Federal office. mittee) making independent expenditures principal campaign committee for purposes ‘‘(ii) An expenditure if there is any ar- with respect to a candidate in an election ag- of section 302(e) of the Federal Election Cam- rangement, coordination, or direction with gregating $2,500 or more made at any time up paign Act of 1971 (2 U.S.C. 432(e)), and respect to the expenditure between the can- to and including the 20th day before the elec- ‘‘(2) such candidate has made contributions didate or the candidate’s agent and the per- tion shall file a report within 48 hours after to such political organization during the son making the expenditure. such independent expenditures are made. An election cycle in excess of the contribution ‘‘(iii) An expenditure if, in the same elec- additional report shall be filed each time limitation which would have been applicable tion cycle, the person making the expendi- independent expenditures aggregating $2,500 under section 501(a) or 512(a) of such Act, ture is or has been— are made with respect to the same candidate whichever is applicable, if an election under ‘‘(I) authorized to raise or expend funds on after the latest report filed under this para- such section had been made. behalf of the candidate or the candidate’s au- graph. ‘‘(c) EXCESS POLITICAL EXPENDITURES.— thorized committees; or ‘‘(C) A report under subparagraph (A) or ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(II) serving as a member, employee, or (B) shall be filed with the Commission and tion, the term ‘excess political expenditures’ agent of the candidate’s authorized commit- the Secretary of State of the State involved, means, with respect to any election cycle, tees in an executive or policymaking posi- and shall identify each candidate whom the the excess (if any) of the political expendi- tion. expenditure is actually intended to support tures incurred by the applicable campaign ‘‘(iv) An expenditure if the person making or to oppose. Not later than 48 hours after fund during such cycle, over, in the case of a the expenditure retains the professional the Commission receives a report, the Com- House of Representatives candidate, the ex- services of any individual or other person mission shall transmit a copy of the report penditure ceiling which would have been ap- also providing services in the same election to each candidate seeking nomination or plicable under subtitle B of title V of such cycle to the candidate in connection with election to that office. Act if an election under such subtitle had the candidate’s pursuit of nomination for ‘‘(D) For purposes of this section, an inde- been made. election, or election, to Federal office, in- pendent expenditure shall be considered to ‘‘(2) SPECIAL RULE FOR DETERMINING cluding any services relating to the can- have been made upon the making of any pay- AMOUNT OF EXPENDITURES.—For purposes of didate’s decision to seek Federal office. For ment or the taking of any action to incur an paragraph (1), in determining the amount of purposes of this clause, the term ‘profes- obligation for payment. political expenditures incurred by an appli- sional services’ shall include any services ‘‘(4)(A) If any person (including a political cable campaign fund, there shall be excluded (other than legal and accounting services committee) intends to make independent ex- any such expenditure which would not have solely for purposes of ensuring compliance penditures with respect to a candidate in an been subject to the expenditure limitations with any Federal law) in support of any can- election totaling $2,500 or more during the 20 of title V of the Federal Election Campaign didate’s or candidates’ pursuit of nomination days before an election, such person shall file Act of 1971 had such limitations been appli- for election, or election, to Federal office. a report no later than the 20th day before the cable, other than any such expenditure For purposes of this subparagraph, the per- election. which would have been exempt from such son making the expenditure shall include ‘‘(B) A report under subparagraph (A) shall limitations under section 501(e) or 501(f) of any officer, director, employee, or agent of be filed with the Commission and the Sec- such Act. such person. retary of State of the State involved, and ‘‘(d) OTHER DEFINITIONS AND SPECIAL ‘‘(18)(A) The term ‘express advocacy’ shall identify each candidate whom the ex- RULES.—For purposes of this section— means, when a communication is taken as a penditure is actually intended to support or ‘‘(1) ELECTION CYCLE.—The term ‘election whole and with limited reference to external to oppose. Not later than 48 hours after the cycle’ has the meaning given such term by events, an expression of support for or oppo- Commission receives a report under this section 301 of the Federal Election Campaign sition to a specific candidate, to a specific paragraph, the Commission shall transmit a Act of 1971. group of candidates, or to candidates of a copy of the statement to each candidate ‘‘(2) POLITICAL ORGANIZATION.—The term particular political party. identified. ‘political organization’ has the meaning ‘‘(B) The term ‘expression of support for or ‘‘(5) The Commission may, upon a request given to such term by section 527(e)(1). opposition to’ includes a suggestion to take of a candidate or on its own initiative, make ‘‘(3) CERTAIN RULES MADE APPLICABLE.— action with respect to an election, such as to its own determination that a person has Rules similar to the rules of section 4911(e)(4) vote for or against, make contributions to, made, or has incurred obligations to make, shall apply.’’ or participate in campaign activity, or to re- independent expenditures with respect to (b) CLERICAL AMENDMENTS.— frain from taking action.’’. any candidate in any election which in the (1) Chapter 41 of such Code is amended by (b) CONTRIBUTION DEFINITION AMEND- aggregate exceed the applicable amounts striking the chapter heading and inserting MENT.—Section 301(8)(A) of such Act (2 U.S.C. under paragraph (3) or (4). The Commission the following: 431(8)(A)) is amended— shall notify each candidate in such election ‘‘CHAPTER 41—LOBBYING AND POLITICAL (1) in clause (i), by striking ‘‘or’’ after the of such determination within 48 hours after EXPENDITURES OF CERTAIN ORGANIZA- semicolon at the end; making it. Any determination made at the TIONS (2) in clause (ii), by striking the period at request of a candidate shall be made within ‘‘Subchapter A. Public charities. the end and inserting ‘‘; or’’; and 48 hours of the request. ‘‘Subchapter B. Excess political expenditures (3) by adding at the end the following new ‘‘(6) At the time at which an eligible House of certain campaign funds. clause: of Representatives candidate is notified ‘‘Subchapter A—Public Charities’’. ‘‘(iii) any payment or other transaction re- under paragraph (3), (4), or (5) with respect to ferred to in paragraph (17)(A)(i) that is not expenditures during a general election pe- (2) The table of sections for subtitle D of an independent expenditure under paragraph riod, the Commission shall certify eligibility such Code is amended by striking the item (17).’’. to receive benefits under section 504(a)(3)(B) relating to chapter 41 and inserting the fol- or section 513(f). lowing: SEC. 202. REPORTING REQUIREMENTS FOR CER- TAIN INDEPENDENT EXPENDITURES. ‘‘(7)(A) A person that makes a reservation ‘‘Chapter 41. Lobbying and political expendi- Section 304(c) of the Federal Election Cam- of broadcast time to which section 315(a) of tures of certain organizations.’’ paign Act of 1971 (2 U.S.C. 434(c)) is amend- the Communications Act of 1947 (47 U.S.C. (c) EFFECTIVE DATE.—The amendments ed— 315(a)) applies, the payment for which would made by this section shall apply to taxable (1) in paragraph (2), by striking the undes- constitute an independent expenditure, shall years beginning after December 31, 1998. ignated matter after subparagraph (C); at the time of reservation— May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3329 ‘‘(i) inform the broadcast licensee that tribution and are distributed (if other than in a year other than the calendar year in payment for the broadcast time will con- by mailing) solely by, volunteers;’’. which the election is held with respect to stitute an independent expenditure; (b) GENERIC ACTIVITIES; STATE PARTY which such contribution is made shall be ‘‘(ii) inform the broadcast licensee of the GRASSROOTS FUND.—Section 301 of such Act treated as made during the calendar year in names of all candidates for the office to (2 U.S.C. 431), as amended by section 133, is which the election is held.’’. which the proposed broadcast relates and further amended by adding at the end the (d) PRESIDENTIAL CANDIDATE COMMITTEE state whether the message to be broadcast is following new paragraphs: TRANSFERS.—(1) Section 315(b)(1) of such Act intended to be made in support of or in oppo- ‘‘(30) The term ‘generic campaign activity’ (2 U.S.C. 441a(b)(1)) is amended to read as fol- sition to each such candidate; means a campaign activity that promotes a lows: ‘‘(iii) transmit to all candidates for the of- political party rather than any particular ‘‘(B) in the case of a campaign for election fice to which the proposed broadcast relates Federal or non-Federal candidate. to such office, an amount equal to the sum a script or tape recording of the communica- ‘‘(31) The term ‘State Party Grassroots of— tion, or an accurate summary of the commu- Fund’ means a separate segregated fund es- ‘‘(i) $20,000,000, plus nication if a script or tape recording is not tablished and maintained by a State com- ‘‘(ii) the amounts transferred by the can- available.’’. mittee of a political party solely for pur- didate and the authorized committees of the candidate to the national committee of the TITLE III—CONTRIBUTIONS AND EXPEND- poses of making expenditures and other dis- candidate’s political party for distribution to ITURES BY POLITICAL PARTY COMMIT- bursements described in section 324(d).’’. State Party Grassroots Funds. TEES SEC. 302. CONTRIBUTIONS TO POLITICAL PARTY COMMITTEES. In no event shall the amount under subpara- SEC. 301. DEFINITIONS. (a) INDIVIDUAL CONTRIBUTIONS TO STATE graph (B)(ii) exceed 2 cents multiplied by the (a) CONTRIBUTION AND EXPENDITURE EXCEP- PARTY.—Section 315(a)(1) of the Federal voting age population of the United States TIONS.—(1) Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. (as certified under subsection (e)). The Com- Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— mission may require reporting of the trans- 431(8)(B)) is amended— (1) by striking ‘‘or’’ at the end of subpara- fers described in subparagraph (B)(ii), may (A) in clause (x)— graph (B); conduct an examination and audit of any (i) by striking ‘‘and’’ at the end of sub- (2) by redesignating subparagraph (C) as such transfer, and may require the return of clause (2), subparagraph (D); and the transferred amounts to the Presidential (ii) by inserting ‘‘and’’ at the end of sub- (3) by inserting after subparagraph (B) the Election Campaign Fund if not used for the clause (3), and following new subparagraph: appropriate purpose.’’ (2) Subparagraph (A) of section 9002(11) of (iii) by adding at the end the following new ‘‘(C) to— the Internal Revenue Code of 1986 is amend- subclause: ‘‘(i) a State Party Grassroots Fund estab- ‘‘(4) such activities are conducted solely ed— lished and maintained by a State committee (A) by striking ‘‘or’’ at the end of clause by, and any materials are prepared for dis- of a political party in any calendar year tribution and mailing and are distributed (if (ii); and which, in the aggregate, exceed $20,000; or (B) in clause (iii), by striking ‘‘offices,’’ other than by mailing) solely by, volun- ‘‘(ii) any other political committee estab- teers;’’; and inserting the following: ‘‘offices, or (iv) lished and maintained by a State committee consisting of a transfer to the national com- (B) in clause (xi), by striking ‘‘That’’ and of a political party in any calendar year all that follows through ‘‘Act;’’ and inserting mittee of the political party of a candidate which, in the aggregate, exceed $5,000, for the office of President or Vice President ‘‘That— except that the aggregate contributions de- ‘‘(1) such payments are made from con- for distribution to State Party Grassroots scribed in this subparagraph which may be Funds (as defined in the Federal Election tributions subject to the limitations and pro- made by a person to the State Party Grass- hibitions of this Act; and Campaign Act of 1971) to the extent such roots Fund and all committees of a State transfers do not exceed the amount deter- ‘‘(2) such activities are conducted solely committee of a political party in any State by, and any materials are prepared for dis- mined under section 315(b)(1)(B)(ii) of such in any calendar year shall not exceed $20,000; Act,’’. tribution and mailing and are distributed (if or’’. SEC. 303. INCREASE IN THE AMOUNT THAT other than by mailing) solely by, volun- (b) MULTICANDIDATE COMMITTEE CONTRIBU- teers;’’ and MULTICANDIDATE POLITICAL COM- TIONS TO STATE PARTY.—Section 315(a)(2) of MITTEES MAY CONTRIBUTE TO NA- (C) in clause (xii)— such Act (2 U.S.C. 441a(a)(2)) is amended— (i) by inserting ‘‘in connection with volun- TIONAL POLITICAL PARTY COMMIT- (1) by striking ‘‘or’’ at the end of subpara- TEES. teer activities’’ after ‘‘such committee’’, graph (B); Section 315(a)(2)(B) of the Federal Election (ii) by striking ‘‘for President and Vice (2) by redesignating subparagraph (C) as Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(B)) President’’, subparagraph (D); and is amended by striking ‘‘$15,000’’ and insert- (iii) by striking ‘‘and’’ at the end of sub- (3) by inserting after subparagraph (B) the ing ‘‘$25,000’’. clause (2), following new subparagraph: SEC. 304. MERCHANDISING AND AFFINITY CARDS. (iv) by inserting ‘‘and’’ at the end of sub- ‘‘(C) to— Section 316 of the Federal Election Cam- clause (3), and ‘‘(i) a State Party Grassroots Fund estab- paign Act of 1971 (2 U.S.C. 441b) is amended (v) by adding at the end the following new lished and maintained by a State committee by adding at the end the following new sub- subclause: of a political party in any calendar year section: ‘‘(4) such activities are conducted solely which, in the aggregate, exceed $15,000; or ‘‘(c) Notwithstanding the provisions of this by, and any materials are prepared for dis- ‘‘(ii) to any other political committee es- section or any other provision of this Act to tribution and mailing and are distributed (if tablished and maintained by a State com- the contrary, an amount received from a cor- other than by mailing) solely by, volun- mittee of a political party which, in the ag- poration (including a State-chartered or na- teers;’’. gregate, exceed $5,000, tional bank) by any political committee (2) Section 301(9)(B) of such Act (2 U.S.C. except that the aggregate contributions de- (other than a separate segregated fund estab- 431(9)(B)) is amended— scribed in this subparagraph which may be lished under section 316(b)(2)(C)) shall be (A) in clause (viii)— made by a multicandidate political commit- deemed to meet the limitations and prohibi- (i) by striking ‘‘and’’ at the end of sub- tee to the State Party Grassroots Fund and tions of this Act if such amount represents a clause (2), all committees of a State committee of a po- commission or royalty on the sale of goods (ii) by inserting ‘‘and’’ at the end of sub- litical party in any State in any calendar or services, or on the issuance of credit clause (3), and year shall not exceed $15,000; or’’. cards, by such corporation and if— (iii) by adding at the end the following new (c) OVERALL LIMIT.—Section 315(a)(3) of ‘‘(1) such goods, services, or credit cards subclause: such Act (2 U.S.C. 441a(a)(3)) is amended to are promoted by or in the name of the politi- ‘‘(4) such activities are conducted solely read as follows: cal committee as a means of contributing to by, and any materials are prepared for dis- ‘‘(3)(A) No individual shall make contribu- or supporting the political committee and tribution and mailing and are distributed (if tions during any election cycle which, in the are offered to consumers using the name of other than by mailing) solely by, volun- aggregate, exceed $100,000. the political committee or using a message, teers;’’; and ‘‘(B) No individual shall make contribu- design, or device created and owned by the (B) in clause (ix)— tions during any calendar year— political committee, or both; (i) by inserting ‘‘in connection with volun- ‘‘(i) to all candidates and their authorized ‘‘(2) the corporation is in the business of teer activities’’ after ‘‘such committee’’, political committees which, in the aggre- merchandising such goods or services, or of (ii) by striking ‘‘for President or Vice gate, exceed $25,000; or issuing such credit cards; President’’, and ‘‘(ii) to all political committees estab- ‘‘(3) the royalty or commission has been of- (iii) by striking ‘‘and’’ at the end of sub- lished and maintained by State committees fered by the corporation to the political clause (2), by inserting ‘‘and’’ at the end of of a political party which, in the aggregate, committee in the ordinary course of the cor- subclause (3), and by adding at the end the exceed $20,000. poration’s business and on the same terms following new subclause: ‘‘(C) For purposes of subparagraph (B)(i), and conditions as those on which such cor- ‘‘(4) such activities are conducted solely any contribution made to a candidate or the poration offers royalties or commissions to by, and any materials are prepared for dis- candidate’s authorized political committees nonpolitical entities; H3330 CONGRESSIONAL RECORD — HOUSE May 14, 1998 ‘‘(4) all revenue on which the commission Any amount spent to raise funds that are meet the requirements of this Act described or royalty is based represents, or results used, in whole or in part, in connection with in such paragraph— from, sales to or fees paid by individual con- activities described in the preceding para- ‘‘(A) a State or local candidate commit- sumers in the ordinary course of retail trans- graphs shall be subject to the limitations, tee’s cash on hand shall be treated as con- actions; prohibitions, and reporting requirements of sisting of the funds most recently received ‘‘(5) the costs of any unsold inventory of this Act. by the committee, and goods are ultimately borne by the political ‘‘(c) GET-OUT-THE-VOTE ACTIVITIES BY ‘‘(B) the committee must be able to dem- committee in accordance with rules to be STATE, DISTRICT, AND LOCAL COMMITTEES OF onstrate that its cash on hand contains suffi- prescribed by the Commission; and POLITICAL PARTIES.—(1) Except as provided cient funds meeting such requirements as ‘‘(6) except for any royalty or commission in paragraph (2), any get-out-the-vote activ- are necessary to cover the transferred funds. permitted to be paid by this subsection, no ity for a State or local candidate, or for a ‘‘(3) Notwithstanding paragraph (1), any goods, services, or anything else of value is ballot measure, which is conducted by a State Party Grassroots Fund receiving any provided by such corporation to the political State, district, or local committee of a polit- transfer described in paragraph (1) from a committee, except that such corporation ical party shall be subject to the limitations, State or local candidate committee shall be may advance or finance costs or extend cred- prohibitions, and reporting requirements of required to meet the reporting requirements it in connection with the manufacture and this Act. of this Act, and shall submit to the Commis- distribution of goods, provision of services, ‘‘(2) Paragraph (1) shall not apply to any sion all certifications received, with respect or issuance of credit cards pursuant to this activity which the State committee of a po- to receipt of the transfer from such can- subsection if and to the extent such advance, litical party certifies to the Commission is didate committee. financing, or extension is undertaken in the an activity which— ‘‘(4) For purposes of this subsection, a State or local candidate committee is a com- ordinary course of the corporation’s business ‘‘(A) is conducted during a calendar year mittee established, financed, maintained, or and is undertaken on similar terms by such other than a calendar year in which an elec- controlled by a candidate for other than Fed- corporation in its transactions with non- tion for the office of President is held, eral office. political entities in like circumstances.’’ ‘‘(B) is exclusively on behalf of (and spe- cifically identifies only) one or more State ‘‘(f) RELATED ENTITIES.—The provisions of SEC. 305. PROVISIONS RELATING TO NATIONAL, or local candidates or ballot measures, and this Act shall apply to any entity that is es- STATE, AND LOCAL PARTY COMMIT- tablished, financed, or maintained by a na- TEES. ‘‘(C) does not include any effort or means tional committee or State committee of a (a) SOFT MONEY OF COMMITTEES OF POLITI- used to identify or turn out those identified political party in the same manner as they CAL PARTIES.—Title III of the Federal Elec- to be supporters of any Federal candidate apply to the national or State committee.’’ tion Campaign Act of 1971 is amended by in- (including any activity that is undertaken in coordination with, or on behalf of, a can- (b) CONTRIBUTIONS AND EXPENDITURES.— serting after section 323 the following new (1) CONTRIBUTIONS.—Section 301(8)(B) of section: didate for Federal office). ‘‘(d) STATE PARTY GRASSROOTS FUNDS.—(1) such Act (2 U.S.C. 431(8)(B)) is amended— ‘‘POLITICAL PARTY COMMITTEES A State committee of a political party may (A) in clause (viii), by inserting after ‘‘Fed- ‘‘SEC. 324. (a) LIMITATIONS ON NATIONAL make disbursements and expenditures from eral office’’ the following: ‘‘, or any amounts COMMITTEE.—(1) A national committee of a its State Party Grassroots Fund only for— received by the committees of any national political party and the congressional cam- ‘‘(A) any generic campaign activity; political party to support the operation of a paign committees of a political party may ‘‘(B) payments described in clauses (v), (x), television and radio broadcast facility’’; not solicit or accept contributions or trans- and (xii) of paragraph (8)(B) and clauses (iv), (B) by striking ‘‘and’’ at the end of clause fers not subject to the limitations, prohibi- (viii), and (ix) of paragraph (9)(B) of section (xiii); tions, and reporting requirements of this 301; (C) by striking clause (xiv); and Act. ‘‘(C) subject to the limitations of section (D) by adding at the end the following new ‘‘(2) Paragraph (1) shall not apply to con- 315(d), payments described in clause (xii) of clauses: tributions— paragraph (8)(B), and clause (ix) of paragraph ‘‘(xiv) any amount contributed to a can- ‘‘(A) that— (9)(B), of section 301 on behalf of candidates didate for other than Federal office; ‘‘(i) are to be transferred to a State com- other than for President and Vice President; ‘‘(xv) any amount received or expended to mittee of a political party and are used sole- ‘‘(D) voter registration; and pay the costs of a State or local political ly for activities described in clauses (xi) ‘‘(E) development and maintenance of convention; through (xvii) of paragraph (9)(B) of section voter files during an even-numbered calendar ‘‘(xvi) any payment for campaign activities 301; or year. that are exclusively on behalf of (and specifi- ‘‘(ii) are described in section 301(8)(B)(viii); ‘‘(2) Notwithstanding section 315(a)(4), no cally identify only) State or local candidates and funds may be transferred by a State commit- and do not identify any Federal candidate, ‘‘(B) with respect to which contributors tee of a political party from its State Party and that are not activities described in sec- have been notified that the funds will be Grassroots Fund to any other State Party tion 324(b) (without regard to paragraph used solely for the purposes described in sub- Grassroots Fund or to any other political (6)(B)) or section 324(c)(1); paragraph (A). committee, except a transfer may be made ‘‘(xvii) any payment for administrative ex- ‘‘(b) ACTIVITIES SUBJECT TO THIS ACT.—Any to a district or local committee of the same penses of a State or local committee of a po- amount solicited, received, expended, or dis- political party in the same State if such dis- litical party, including expenses for— bursed directly or indirectly by a national, trict or local committee— ‘‘(I) overhead, including party meetings; State, district, or local committee of a polit- ‘‘(A) has established a separate segregated ‘‘(II) staff (other than individuals devoting ical party with respect to any of the follow- fund for the purposes described in paragraph a significant amount of their time to elec- ing activities shall be subject to the limita- (1); and tions for Federal office and individuals en- tions, prohibitions, and reporting require- ‘‘(B) uses the transferred funds solely for gaged in conducting get-out-the-vote activi- ments of this Act: those purposes. ties for a Federal election); and ‘‘(1)(A) Any get-out-the-vote activity con- ‘‘(e) AMOUNTS RECEIVED BY GRASSROOTS ‘‘(III) conducting party elections or cau- ducted during a calendar year in which an FUND FROM STATE AND LOCAL CANDIDATE cuses; election for the office of President is held. COMMITTEES.—(1) Any amount received by a ‘‘(xviii) any payment for research pertain- ‘‘(B) Any other get-out-the-vote activity State Party Grassroots Fund from a State or ing solely to State and local candidates and unless subsection (c)(2) applies to the activ- local candidate committee for expenditures issues; ity. described in subsection (b) that are for the ‘‘(xix) any payment for development and ‘‘(2) Any generic campaign activity. benefit of that candidate shall be treated as maintenance of voter files other than during ‘‘(3) Any activity that identifies or pro- meeting the requirements of subsection (b) the 1-year period ending on the date during motes a Federal candidate, regardless of and section 304(e) if— an even-numbered calendar year on which whether— ‘‘(A) such amount is derived from funds regularly scheduled general elections for ‘‘(A) a State or local candidate is also iden- which meet the requirements of this Act Federal office occur; and tified or promoted; or with respect to any limitation or prohibition ‘‘(xx) any payment for any other activity ‘‘(B) any portion of the funds disbursed as to source or dollar amount specified in which is solely for the purpose of influenc- constitutes a contribution or expenditure section 315(a) (1)(A) and (2)(A); and ing, and which solely affects, an election for under this Act. ‘‘(B) the State or local candidate commit- non-Federal office and which is not an activ- ‘‘(4) Voter registration. tee— ity described in section 324(b) (without re- ‘‘(5) Development and maintenance of ‘‘(i) maintains, in the account from which gard to paragraph (6)(B)) or section voter files during an even-numbered calendar payment is made, records of the sources and 324(c)(1).’’. year. amounts of funds for purposes of determining (2) EXPENDITURES.—Section 301(9)(B) of ‘‘(6) Any other activity that— whether such requirements are met; and such Act (2 U.S.C. 431(9)(B)) is amended— ‘‘(A) significantly affects a Federal elec- ‘‘(ii) certifies that such requirements were (A) by striking ‘‘and’’ at the end of clause tion, or met. (ix); ‘‘(B) is not otherwise described in section ‘‘(2) For purposes of paragraph (1)(A), in de- (B) by striking the period at the end of 301(9)(B)(xvii). termining whether the funds transferred clause (x) and inserting a semicolon; and May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3331

(C) by adding at the end the following new TEES.—(1) For purposes of this Act, a can- ‘‘(d) POLITICAL COMMITTEES.—(1) The na- clauses: didate for Federal office, an individual hold- tional committee of a political party and ‘‘(xi) any amount contributed to a can- ing Federal office, or any agent of the can- any congressional campaign committee of a didate for other than Federal office; didate or individual may not solicit funds to, political party, and any subordinate commit- ‘‘(xii) any amount received or expended to or receive funds on behalf of, any Federal or tee of either, shall report all receipts and pay the costs of a State or local political non-Federal candidate or political commit- disbursements during the reporting period, convention; tee— whether or not in connection with an elec- ‘‘(xiii) any payment for campaign activi- ‘‘(A) which are to be expended in connec- tion for Federal office. ties that are exclusively on behalf of (and tion with any election for Federal office un- ‘‘(2) A State, district, or local committee specifically identify only) State or local can- less such funds are subject to the limita- of a political party to which section 324 ap- didates and do not identify any Federal can- tions, prohibitions, and requirements of this plies shall report all receipts and disburse- didate, and that are not activities described Act; or ments for the reporting period, including in section 324(b) (without regard to para- ‘‘(B) which are to be expended in connec- separate schedules for receipts and disburse- graph (6)(B)) or section 324(c)(1); tion with any election for other than Federal ments for State Grassroots Funds. ‘‘(xiv) any payment for administrative ex- office unless such funds are not in excess of ‘‘(3) Any political committee shall include penses of a State or local committee of a po- amounts permitted with respect to Federal in its report under paragraph (1) or (2) the litical party, including expenses for— candidates and political committees under amount of any transfer described in section ‘‘(I) overhead, including party meetings; subsections (a) (1) and (2), and are not from 324(d)(2) and shall itemize such amounts to ‘‘(II) staff (other than individuals devoting sources prohibited by such subsections with the extent required by section 304(b)(3)(A). a significant amount of their time to elec- respect to elections to Federal office. ‘‘(4) The Commission may prescribe regula- tions for Federal office and individuals en- ‘‘(2)(A) The aggregate amount which a per- tions to require any political committee to gaged in conducting get-out-the-vote activi- son described in subparagraph (B) may so- which paragraph (1) or (2) does not apply to ties for a Federal election); and licit from a multicandidate political com- report any receipts or disbursements used in ‘‘(III) conducting party elections or cau- mittee for State committees described in connection with a Federal election, includ- cuses; subsection (a)(1)(C) (including subordinate ing those which are also used, directly or in- ‘‘(xv) any payment for research pertaining committees) for any calendar year shall not directly, to affect a State or local election. solely to State and local candidates and exceed the dollar amount in effect under sub- ‘‘(5) If a political committee has receipts issues; section (a)(2)(B) for the calendar year. or disbursements to which this subsection ‘‘(xvi) any payment for development and ‘‘(B) A person is described in this subpara- applies from any person aggregating in ex- maintenance of voter files other than during graph if such person is a candidate for Fed- cess of $200 for any calendar year, the politi- the 1-year period ending on the date during eral office, an individual holding Federal of- cal committee shall separately itemize its an even-numbered calendar year on which fice, an agent of such a candidate or individ- reporting for such person in the same man- regularly scheduled general elections for ual, or any national, State, district, or local ner as subsection (b) (3)(A), (5), or (6). Federal office occur; and committee of a political party (including a ‘‘(6) Reports required to be filed by this ‘‘(xvii) any payment for any other activity subordinate committee) and any agent of subsection shall be filed for the same time which is solely for the purpose of influenc- such a committee. periods required for political committees ing, and which solely affects, an election for ‘‘(3) The appearance or participation by a under subsection (a).’’. non-Federal office and which is not an activ- candidate for Federal office or individual (b) REPORT OF EXEMPT CONTRIBUTIONS.— ity described in section 324(b) (without re- holding Federal office in any fundraising Section 301(8) of such Act (2 U.S.C. 431(8)) is gard to paragraph (6)(B)) or section event conducted by a committee of a politi- amended by inserting at the end the follow- 324(c)(1).’’. cal party or a candidate for other than Fed- ing new subparagraph: (c) LIMITATION APPLIED AT NATIONAL eral office shall not be treated as a solicita- ‘‘(C) The exclusion provided in clause (viii) LEVEL; PERMITTING COMMITTEES TO MATCH tion for purposes of paragraph (1) if such can- of subparagraph (B) shall not apply for pur- INDEPENDENT EXPENDITURES MADE ON OPPO- didate or individual does not solicit or re- poses of any requirement to report contribu- NENT’S BEHALF.—Section 315(d) of such Act (2 ceive, or make disbursements from, any tions under this Act, and all such contribu- U.S.C. 441a(d)) is amended— funds resulting from such activity. tions aggregating in excess of $200 (and dis- (1) in paragraph (3), by striking ‘‘The na- ‘‘(4) Paragraph (1) shall not apply to the bursements therefrom) shall be reported.’’. tional committee’’ and inserting ‘‘Subject to solicitation or receipt of funds, or disburse- (c) REPORTS BY STATE COMMITTEES.—Sec- paragraph (4), the national committee’’; and ments, by an individual who is a candidate tion 304 of such Act (2 U.S.C. 434), as amend- (2) by adding at the end the following new for other than Federal office if such activity ed by subsection (a), is further amended by paragraph: is permitted under State law. adding at the end the following new sub- ‘‘(4)(A) Notwithstanding paragraph (3), the ‘‘(5) For purposes of this subsection, an in- section: applicable congressional campaign commit- dividual shall be treated as holding Federal ‘‘(e) FILING OF STATE REPORTS.—In lieu of tee of a political party shall make the ex- office if such individual— any report required to be filed by this Act, penditures described in such paragraph ‘‘(A) holds a Federal office; or the Commission may allow a State commit- which are authorized to be made by a na- ‘‘(B) holds a position described in level I of tee of a political party to file with the Com- tional or State committee with respect to a the Executive Schedule under section 5312 of mission a report required to be filed under candidate in any State unless it allocates all title 5, United States Code.’’. State law if the Commission determines such or a portion of such expenditures to either or (b) TAX-EXEMPT ORGANIZATIONS.—Section reports contain substantially the same infor- both of such committees. 315 of such Act (2 U.S.C. 441a), as amended by mation.’’. ‘‘(B) For purposes of paragraph (3), in de- section 122 and subsection (a), is further (d) OTHER REPORTING REQUIREMENTS.— termining the amount of expenditures of a amended by adding at the end the following (1) AUTHORIZED COMMITTEES.—Section national or State committee of a political new subsection: 304(b)(4) of such Act (2 U.S.C. 434(b)(4)) is party in connection with the general elec- ‘‘(k) TAX-EXEMPT ORGANIZATIONS.—(1) If an amended— tion campaign of a candidate for election to individual is a candidate for, or holds, Fed- (A) by striking ‘‘and’’ at the end of sub- the office of Representative, Delegate, or eral office during any period, such individual paragraph (H); Resident Commissioner, there shall be ex- may not during such period solicit contribu- (B) by adding ‘‘and’’ at the end of subpara- cluded an amount equal to the total amount tions to, or on behalf of, any organization graph (I); and of independent expenditures made during the which is described in section 501(c) of the In- (C) by adding at the end the following new campaign on behalf of candidates opposing ternal Revenue Code of 1986 if— subparagraph: the candidate.’’. ‘‘(A) the organization is established, main- ‘‘(J) in the case of an authorized commit- (d) LIMITATIONS APPLY FOR ENTIRE ELEC- tained, or controlled by such individual; and tee, disbursements for the primary election, TION CYCLE.—Section 315(d)(1) of such Act (2 the general election, and any other election U.S.C. 441a(d)(1)) is amended by adding at the ‘‘(B) a significant portion of the activities of such organization include voter registra- in which the candidate participates;’’. end the following new sentence: ‘‘Each limi- (2) NAMES AND ADDRESSES.—Section tation under the following paragraphs shall tion or get-out-the-vote campaigns. ‘‘(2) For purposes of this subsection, an in- 304(b)(5)(A) of such Act (2 U.S.C. 434(b)(5)(A)) apply to the entire election cycle for an of- is amended— fice.’’. dividual shall be treated as holding Federal office if such individual— (A) by striking ‘‘within the calendar year’’, SEC. 306. RESTRICTIONS ON FUNDRAISING BY ‘‘(A) holds a Federal office; or and CANDIDATES AND OFFICEHOLDERS. (B) by inserting ‘‘, and the election to (a) STATE FUNDRAISING ACTIVITIES.—Sec- ‘‘(B) holds a position described in level I of the Executive Schedule under section 5312 of which the operating expenditure relates’’ tion 315 of the Federal Election Campaign after ‘‘operating expenditure’’. Act of 1971 (2 U.S.C. 441a), as amended by sec- title 5, United States Code.’’. tion 122, is further amended by adding at the SEC. 307. REPORTING REQUIREMENTS. TITLE IV—CONTRIBUTIONS end the following new subsection: (a) REPORTING REQUIREMENTS.—Section 304 SEC. 401. RESTRICTIONS ON BUNDLING. ‘‘(j) LIMITATIONS ON FUNDRAISING ACTIVI- of the Federal Election Campaign Act of 1971 Section 315(a)(8) of the Federal Election TIES OF FEDERAL CANDIDATES AND OFFICE- (2 U.S.C. 434) is amended by adding at the Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is HOLDERS AND CERTAIN POLITICAL COMMIT- end the following new subsection: amended to read as follows: H3332 CONGRESSIONAL RECORD — HOUSE May 14, 1998 ‘‘(8)(A) No person, either directly or indi- ‘‘(l) For purposes of this section, any con- (3) by adding at the end the following: rectly, may act as a conduit or intermediary tribution by an individual who— ‘‘(B) Payments by a corporation or labor for any contribution to a candidate. ‘‘(1) is a dependent of another individual; organization for candidate debates, voter ‘‘(B)(i) Nothing in this section shall pro- and guides, or voting records directed to the gen- hibit— ‘‘(2) has not, as of the time of such con- eral public shall be considered contributions ‘‘(I) joint fundraising conducted in accord- tribution, attained the legal age for voting unless— ance with rules prescribed by the Commis- for elections to Federal office in the State in ‘‘(i) in the case of a candidate debate, the sion by 2 or more candidates; or which such individual resides, organization staging the debate is either an ‘‘(II) fundraising for the benefit of a can- shall be treated as having been made by such organization described in section 301 (9)(B)(i) didate that is conducted by another can- other individual. If such individual is the de- whose broadcasts, cablecasts, or publications didate. pendent of another individual and such other are supported by commercial advertising, ‘‘(ii) No other person may conduct or oth- individual’s spouse, the contribution shall be subscriptions, or sales to the public, includ- erwise participate in joint fundraising ac- allocated among such individuals in the ing a noncommercial educational broad- tivities with or on behalf of any candidate. manner determined by them.’’. caster, or a nonprofit organization exempt ‘‘(C) The term ‘conduit or intermediary’ SEC. 403. PROHIBITION OF ACCEPTANCE BY A from Federal taxation under section 501(c)(3) means a person who transmits a contribu- CANDIDATE OF CASH CONTRIBU- or 501(c)(4) of the Internal Revenue Code of tion to a candidate or candidate’s committee TIONS FROM ANY ONE PERSON AG- 1986 that does not endorse, support, or oppose or representative from another person, ex- GREGATING MORE THAN $100. candidates or political parties, and any such cept that— Section 321 of the Federal Election Cam- debate features at least 2 candidates compet- ‘‘(i) a House of Representatives candidate paign Act of 1971 (2 U.S.C. 441g) is amended ing for election to that office; or representative of a House of Representa- by inserting ‘‘, and no candidate or author- ‘‘(ii) in the case of a voter guide, the guide tives candidate is not a conduit or inter- ized committee of a candidate shall accept is prepared and distributed by a corporation mediary for the purpose of transmitting con- from any one person,’’ after ‘‘make’’. or labor organization and consists of ques- tributions to the candidate’s principal cam- SEC. 404. CONTRIBUTIONS TO CANDIDATES FROM tions posed to at least two candidates for paign committee or authorized committee; STATE AND LOCAL COMMITTEES OF election to that office; and ‘‘(ii) a professional fundraiser is not a con- POLITICAL PARTIES TO BE AGGRE- ‘‘(iii) in the case of a voting record, the duit or intermediary, if the fundraiser is GATED. compensated for fundraising services at the Section 315(a) of the Federal Election Cam- record is prepared and distributed by a cor- usual and customary rate; paign Act of 1971 (2 U.S.C. 441a(a)), as amend- poration or labor organization at the end of ‘‘(iii) a volunteer hosting a fundraising ed by section 121, is further amended by add- a session of Congress and consists solely of event at the volunteer’s home, in accordance ing at the end the following new paragraph: votes by all Members of Congress in that ses- with section 301(8)(b), is not a conduit or ‘‘(10) Notwithstanding paragraph (5)(B), a sion on one or more issues; except that such payments shall be treated intermediary for the purposes of that event; candidate for Federal office may not accept, as contributions if any communication made and with respect to an election, any contribution by a corporation or labor organization in ‘‘(iv) an individual is not a conduit or from a State or local committee of a politi- connection with the candidate debate, voter intermediary for the purpose of transmitting cal party (including any subordinate com- guide, or voting record contains express ad- a contribution from the individual’s spouse. mittee of such committee) if such contribu- For purposes of this section a conduit or tion, when added to the total of contribu- vocacy, or any structure or format of the intermediary transmits a contribution when tions previously accepted from all such com- candidate debate, voter guide, or voting receiving or otherwise taking possession of mittees of that political party, exceeds a record, or any preparation or distribution of the contribution and forwarding it directly limitation on contributions to a candidate any such guide or record, reflects a purpose to the candidate or the candidate’s commit- under this section.’’. of influencing the election of a particular tee or representative. SEC. 405. PROHIBITION OF FALSE REPRESENTA- candidate.’’. ‘‘(D) For purposes of this section, the term TION TO SOLICIT CONTRIBUTIONS. SEC. 408. PROHIBITION OF CERTAIN ELECTION- ‘representative’— Section 322 of the Federal Election Cam- RELATED ACTIVITIES OF FOREIGN ‘‘(i) shall mean a person who is expressly paign Act of 1971 (2 U.S.C. 441h) is amended— NATIONALS. Section 319 of the Federal Election Cam- authorized by the candidate to engage in (1) by inserting after ‘‘SEC. 322.’’ the fol- fundraising, and who, in the case of an indi- lowing: ‘‘(a)’’; and paign Act of 1971 (2 U.S.C. 441e) is amended vidual, is not acting as an officer, employee, (2) by adding at the end the following: by adding at the end the following new sub- or agent of any other person; ‘‘(b) No person shall solicit contributions section: ‘‘(c) A foreign national shall not directly ‘‘(ii) shall not include— by falsely representing himself or herself as or indirectly direct, control, influence, or ‘‘(I) a political committee with a con- a candidate or as a representative of a can- participate in any person’s election-related nected organization; didate, a political committee, or a political activities, such as the making of contribu- ‘‘(II) a political party; party.’’. tions or expenditures in connection with ‘‘(III) a partnership or sole proprietorship; SEC. 406. LIMITED EXCLUSION OF ADVANCES BY elections for any local, State, or Federal of- ‘‘(IV) an organization prohibited from CAMPAIGN WORKERS FROM THE fice or the administration of a political com- making contributions under section 316; or DEFINITION OF THE TERM ‘‘CON- mittee.’’. ‘‘(V) a person required to register under TRIBUTION’’. the Lobbying Disclosure Act of 1995 (2 U.S.C. Section 301(8)(B) of the Federal Election TITLE V—REPORTING REQUIREMENTS 1601 et seq.). Campaign Act of 1971 (2 U.S.C. 431(8)(B)), as SEC. 501. CHANGE IN CERTAIN REPORTING FROM ‘‘(E) For purposes of this section, the term amended by section 305, is amended— A CALENDAR YEAR BASIS TO AN ‘acting as an officer, employee, or agent of (1) in clause (xix), by striking ‘‘and’’ after ELECTION CYCLE BASIS. any other person’ includes the following ac- the semicolon at the end; Paragraphs (2), (3), (4), (6), and (7) of sec- tivities by a salaried officer, employee, or (2) in clause (xx), by striking the period at tion 304(b) of the Federal Election Campaign paid agent of a person described in subpara- the end and inserting: ‘‘; and’’; and Act of 1971 (2 U.S.C. 434(b) (2)–(7)) are each graph (D)(ii)(IV): (3) by adding at the end the following new amended by inserting ‘‘(election cycle, in the ‘‘(i) Soliciting contributions to a particu- clause: case of an authorized committee of a can- lar candidate in the name of, or by using the ‘‘(xxi) any advance voluntarily made on be- didate for Federal office)’’ after ‘‘calendar name of, such a person. half of an authorized committee of a can- year’’ each place it appears. ‘‘(ii) Soliciting contributions to a particu- didate by an individual in the normal course SEC. 502. DISCLOSURE OF PERSONAL AND CON- lar candidate using other than the incidental of such individual’s responsibilities as a vol- SULTING SERVICES. resources of such a person. unteer for, or employee of, the committee, if (a) REPORTING BY POLITICAL COMMITTEES.— ‘‘(iii) Soliciting contributions to a particu- the advance is reimbursed by the committee Section 304(b)(5)(A) of the Federal Election lar candidate under the direction or control within 10 days after the date on which the Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A)) is of other salaried officers, employees, or paid advance is made, and the value of advances amended by adding before the semicolon at agents of such a person. on behalf of a committee does not exceed the end the following: ‘‘, except that if a per- For purposes of this subparagraph, the term $500 with respect to an election.’’. son to whom an expenditure is made by a ‘agent’ shall include any person (other than SEC. 407. AMENDMENT TO SECTION 316 OF THE candidate or the candidate’s authorized com- individual members of an organization de- FEDERAL ELECTION CAMPAIGN ACT mittees is merely providing personal or con- scribed in subparagraph (b)(4)(C) of section OF 1971. sulting services and is in turn making ex- 316) acting on authority or under the direc- Section 316(b)(2) of the Federal Election penditures to other persons (not including tion of such organization.’’. Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is its owners or employees) who provide goods SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT amended— or services to the candidate or the can- OF VOTING AGE. (1) by striking ‘‘(2) For’’ and inserting didate’s authorized committees, the name Section 315 of the Federal Election Cam- ‘‘(2)(A) Except as provided in subparagraph and address of such other person, together paign Act of 1971 (2 U.S.C. 441a), as amended (B), for’’; with the date, amount and purpose of such by sections 122 and 306, is further amended (2) by redesignating subparagraphs (A), (B), expenditure shall also be disclosed’’. by adding at the end the following new sub- and (C) as clauses (i), (ii), and (iii), respec- (b) RECORDKEEPING AND REPORTING BY PER- section: tively; and SONS TO WHOM EXPENDITURES ARE PASSED May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3333

THROUGH.—Section 302 of such Act (2 U.S.C. amended in subparagraph (A)(i) by inserting disbursements to pay the cost directly at- 432) is amended by adding at the end the fol- ‘‘, and except that if at any time during the tributable to a get-out-the-vote campaign lowing new subsection: election year a committee receives contribu- described in section 316(b)(2)(B) aggregating ‘‘(j) The person described in section tions in excess of $100,000 ($10,000 in the case $25,000 or more with respect to an election 304(b)(5)(A) who is providing personal or con- of a multicandidate political committee), or shall file a report within 48 hours after such sulting services and who is in turn making makes disbursements in excess of $100,000 disbursements are made. expenditures to other persons (not including ($10,000 in the case of a multicandidate polit- ‘‘(4) An additional report shall be filed each employees) for goods or services provided to ical committee), monthly reports on the 20th time additional disbursements described in a candidate shall maintain records of and day of each month after the month in which paragraph (1), (2), or (3), whichever is appli- shall provide to a political committee the in- that amount of contributions is first re- cable, aggregating $10,000 are made with re- formation necessary to enable the political ceived or that amount of disbursements is spect to the same candidate in the same committee to report the information de- first anticipated to be made during that election as the initial report filed under this scribed in section 304(b)(5)(A).’’. year’’ before the semicolon. subsection. Each such report shall be filed within 48 hours after the disbursements are SEC. 503. POLITICAL COMMITTEES OTHER THAN (d) INCOMPLETE OR FALSE CONTRIBUTOR IN- CANDIDATE COMMITTEES. FORMATION.—Section 302(i) of such Act (2 made. ‘‘(5) For purposes of this subsection, the Section 303(b) of the Federal Election Cam- U.S.C. 432(i)) is amended— (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; term ‘applicable communication activities’ paign Act of 1971 (2 U.S.C. 433(b)) is amend- means activities which are covered by the ed— (2) by striking ‘‘submit’’ and inserting ‘‘re- port’’; and exception to section 301(9)(B)(iii). (1) in paragraph (2), by inserting ‘‘, and if ‘‘(6) Any statement under this subsection— the organization or committee is incor- (3) by adding at the end the following new paragraph: ‘‘(A) shall be filed in the case of— porated, the State of incorporation’’ after ‘‘(i) disbursements relating to candidates ‘‘committee’’; and ‘‘(2) A treasurer shall be considered to have used best efforts under this section only if— for the House of Representatives, with the (2) by striking the ‘‘name and address of Clerk of the House of Representatives and the treasurer’’ in paragraph (4) and inserting ‘‘(A) all written solicitations include a clear and conspicuous request for the con- the Secretary of State of the State involved, ‘‘the names and addresses of any officers (in- and cluding the treasurer)’’. tributor’s identification and inform the con- tributor of the committee’s obligation to re- ‘‘(ii) any other disbursements, with the SEC. 504. USE OF CANDIDATES’ NAMES. port the identification in a statement pre- Commission, and Section 302(e)(4) of the Federal Election scribed by the Commission; ‘‘(B) shall contain such information as the Campaign Act of 1971 (2 U.S.C. 432(e)(4)) is ‘‘(B) the treasurer makes at least 1 addi- Commission shall prescribe.’’ amended to read as follows: tional request for the contributor’s identi- (b) CONFORMING AMENDMENT.—Section ‘‘(4)(A) The name of each authorized com- 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is fication for each contribution received that mittee shall include the name of the can- amended by inserting ‘‘and shall, if such aggregates in excess of $200 per calendar year didate who authorized the committee under costs exceeds the amount described in para- and which does not contain all of the infor- paragraph (1). graph (1), (2), or (4) of section 304(g), be re- mation required by this Act; and ‘‘(B) A political committee that is not an ported in the manner provided in section ‘‘(C) the treasurer reports all information authorized committee shall not— 304(g)’’ before the semicolon at the end of in the committee’s possession regarding con- ‘‘(i) include the name of any candidate in clause (iii). tributor identifications.’’. its name, or (e) WAIVER.—Section 304 of such Act (2 TITLE VI—BROADCAST RATES AND ‘‘(ii) except in the case of a national, State, U.S.C. 434), as amended by section 307, is fur- CAMPAIGN ADVERTISING or local party committee, use the name of ther amended by adding at the end the fol- SEC. 601. BROADCAST RATES AND CAMPAIGN AD- any candidate in any activity on behalf of lowing new subsection: VERTISING. such committee in such a context as to sug- ‘‘(f) WAIVER.—The Commission may relieve (a) BROADCAST RATES.—Section 315 of the gest that the committee is an authorized any category of political committees of the Communications Act of 1934 (47 U.S.C. 315) is committee of the candidate or that the use obligation to file 1 or more reports required amended— of the candidate’s name has been authorized by this section, or may change the due dates (1) by amending subsection (b) to read as by the candidate.’’. of such reports, if it determines that such ac- follows: SEC. 505. REPORTING REQUIREMENTS. tion is consistent with the purposes of this ‘‘(b)(1) Except as provided in paragraph (2), (a) FILING ON THE 20TH DAY OF A MONTH.— Act. The Commission may waive require- the charges made for the use of a broadcast- Section 304(a) of the Federal Election Cam- ments to file reports in accordance with this ing station by a person who is a legally paign Act of 1971 (2 U.S.C. 434(a)) is amend- subsection through a rule of general applica- qualified candidate for public office in con- ed— bility or, in a specific case, may waive or ex- nection with the person’s campaign for nom- (1) in paragraph (2)(A)(iii), by striking tend the due date of a report by notifying all ination for election, or election, to public of- ‘‘15th’’ and inserting ‘‘20th’’; political committees affected.’’. fice shall not exceed the charges made for (2) in paragraph (3)(B)(ii), by striking SEC. 506. SIMULTANEOUS REGISTRATION OF comparable use of such station by other ‘‘15th’’ and inserting ‘‘20th’’; CANDIDATE AND CANDIDATE’S PRIN- users thereof. ‘‘(2) In the case of an eligible House of Rep- (3) in paragraph (4)(A)(i), by striking CIPAL CAMPAIGN COMMITTEE. resentatives candidate, during the 30 days ‘‘15th’’ and inserting ‘‘20th’’; and Section 303(a) of the Federal Election Cam- preceding the date of the primary or primary (4) in paragraph (8), by striking ‘‘15th’’ and paign Act of 1971 (2 U.S.C. 433(a)) is amended runoff election and during the 60 days pre- inserting ‘‘20th’’. in the first sentence by striking ‘‘no later ceding the date of a general or special elec- (b) OPTION TO FILE MONTHLY REPORTS.— than 10 days after designation’’ and inserting tion in which the person is a candidate, the Section 304(a)(2) of such Act (2 U.S.C. ‘‘on the date of its designation’’. charges made for the use of a broadcasting 434(a)(2)) is amended— SEC. 507. REPORTING ON GENERAL CAMPAIGN station by the candidate shall not exceed 50 (1) in subparagraph (A), by striking ‘‘and’’ ACTIVITIES OF PERSONS OTHER percent of the lowest unit charge of the sta- at the end; THAN POLITICAL PARTIES. (a) REPORTING REQUIREMENT.—Section 304 tion for the same class and amount of time (2) in subparagraph (B), by striking the pe- of the Federal Election Campaign Act of 1971 for the same period.’’; riod at the end and inserting ‘‘; and’’; and (2 U.S.C. 434), as amended by sections 307 and (2) by redesignating subsections (c) and (d) (3) by inserting the following new subpara- 505, is further amended by adding at the end as subsections (f) and (g), respectively; graph at the end: the following new subsection: (3) by inserting after subsection (b) the fol- ‘‘(C) in lieu of the reports required by sub- ‘‘(g) CERTAIN COMMUNICATIONS BY CORPORA- lowing new subsections: paragraphs (A) and (B), the treasurer may TIONS AND LABOR ORGANIZATIONS.—(1) Any ‘‘(c)(1) Except as provided in paragraph (2), file monthly reports in all calendar years, person making disbursements to pay the cost a licensee shall not preempt the use, during which shall be filed no later than the 20th of applicable communication activities ag- any period specified in subsection (b)(1)(A), day after the last day of the month and shall gregating $5,000 or more with respect to a of a broadcast station by a legally qualified be complete as of the last day of the month, candidate in an election after the 20th day, candidate for public office who has pur- except that, in lieu of filing the reports oth- but more than 24 hours, before the election chased and paid for such use pursuant to sub- erwise due in November and December of any shall file a report of such disbursements section (b)(1)(A). year in which a regularly scheduled general within 24 hours after such disbursements are ‘‘(2) If a program to be broadcast by a election is held, a pre-primary election re- made. broadcasting station is preempted because of port and a pre-general election report shall ‘‘(2) Any person making disbursements to circumstances beyond the control of the be filed in accordance with subparagraph pay the cost of applicable communications broadcasting station, any candidate adver- (A)(i), a post-general election report shall be activities aggregating $5,000 or more with re- tising spot scheduled to be broadcast during filed in accordance with subparagraph spect to a candidate in an election at any that program may also be preempted. (A)(ii), and a year end report shall be filed no time up to and including the 20th day before ‘‘(d) If any person makes an independent later than January 31 of the following cal- the election shall file a report within 48 expenditure through a communication on a endar year.’’. hours after such disbursements are made. broadcasting station that expressly advo- (c) POLITICAL COMMITTEES.—Section ‘‘(3) Any person required to file a report cates the defeat of an eligible House of Rep- 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is under paragraph (1) or (2) which also makes resentatives candidate, or the election of an H3334 CONGRESSIONAL RECORD — HOUSE May 14, 1998 eligible House of Representatives candidate (2) in the matter before paragraph (1) of TITLE VII—MISCELLANEOUS (regardless of whether such opponent is an subsection (a), by striking ‘‘an expenditure’’ SEC. 701. PROHIBITION OF LEADERSHIP COMMIT- eligible candidate), the licensee, as applica- and inserting ‘‘a disbursement’’; TEES. ble, shall, not later than 5 business days (3) in the matter before paragraph (1) of Section 302(e) of the Federal Election Cam- after the date on which the communication subsection (a), by striking ‘‘direct’’; paign Act of 1971 (2 U.S.C. 432(e)) is amend- is made (or not later than 24 hours after the (4) in paragraph (3) of subsection (a), by in- ed— communication is made if the communica- serting after ‘‘name’’ the following ‘‘and per- (1) by amending paragraph (3) to read as tion occurs not more than 2 weeks before the manent street address’’; and follows: date of the election), transmit to the can- (5) by adding at the end the following new ‘‘(3) No political committee that supports didate— subsections: or has supported more than one candidate ‘‘(1) a statement of the date and time on ‘‘(c) Any printed communication described may be designated as an authorized commit- which the communication was made; in subsection (a) shall be— tee, except that— ‘‘(2) a script or tape recording of the com- ‘‘(1) of sufficient type size to be clearly ‘‘(A) a candidate for the office of President munication, or an accurate summary of the readable by the recipient of the communica- nominated by a political party may des- communication if a script or tape recording tion; ignate the national committee of such politi- is not available; and ‘‘(2) contained in a printed box set apart cal party as the candidate’s principal cam- ‘‘(3) an offer of an equal opportunity for from the other contents of the communica- paign committee, but only if that national the candidate to use the broadcasting sta- tion; and committee maintains separate books of ac- tion to respond to the communication with- ‘‘(3) consist of a reasonable degree of color count with respect to its functions as a prin- out having to pay for the use in advance. contrast between the background and the cipal campaign committee; and ‘‘(e) A licensee that endorses a candidate printed statement. ‘‘(B) a candidate may designate a political for Federal office in an editorial shall, with- ‘‘(d)(1) Any communication described in committee established solely for the purpose in the time period stated in subsection (d), subsection (a)(1) or (a)(2) that is provided to of joint fundraising by such candidates as an provide to all other candidates for election and distributed by any broadcasting station authorized committee.’’; and to the same office— or cable system (as such terms are defined in (2) by adding at the end the following new ‘‘(1) a statement of the date and time of sections 315 and 602, respectively, of the Fed- paragraph: the communication; eral Communications Act of 1934) shall in- ‘‘(6)(A) A candidate for Federal office or ‘‘(2) a script or tape recording of the com- clude, in addition to the requirements of sub- any individual holding Federal office may munication, or an accurate summary of the sections (a)(1) and (a)(2), an audio statement not establish, finance, maintain, or control communication if a script or tape recording by the candidate that identifies the can- any Federal or non-Federal political com- is not available; and didate and states that the candidate has ap- mittee other than a principal campaign com- ‘‘(3) an offer of an equal opportunity for proved the communication. mittee of the candidate, authorized commit- ‘‘(2) If a communication described in para- the candidate or spokesperson for the can- tee, party committee, or other political com- graph (1) contains any visual images, the didate to use the broadcasting station to re- mittee designated in accordance with para- communication shall include a written spond to the communication.’’; and graph (3). A candidate for more than one statement which contains the same informa- (4) in subsection (f), as redesignated by Federal office may designate a separate prin- paragraph (2)— tion as the audio statement and which— ‘‘(A) appears at the end of the communica- cipal campaign committee for each Federal (A) by striking ‘‘and’’ at the end of para- office. This paragraph shall not preclude a graph (1); tion in a clearly readable manner with a rea- sonable degree of color contrast between the Federal officeholder who is a candidate for (B) by striking the period at the end of State or local office from establishing, fi- paragraph (2) and inserting ‘‘; and’’; and background and the printed statement, for a period of at least 4 seconds; and nancing, maintaining, or controlling a polit- (C) by adding at the end the following new ical committee for election of the individual paragraph: ‘‘(B) is accompanied by a clearly identifi- able photographic or similar image of the to such State or local office. ‘‘(3) the terms ‘eligible House of Represent- ‘‘(B) For 2 years after the effective date of atives candidate’ and ‘independent expendi- candidate. ‘‘(e)(1) Any communication described in this paragraph, any political committee es- ture’ have the meanings stated in section 301 tablished before such date but which is pro- of the Federal Election Campaign Act of subsection (a)(3) that is provided to and dis- tributed by any broadcasting station or hibited under subparagraph (A) may con- 1971.’’. tinue to make contributions. At the end of (b) REVOCATION OF LICENSE FOR FAILURE TO cable system described in subsection (d)(1) that period such political committee shall PERMIT ACCESS.—Section 312(a)(7) of such shall include, in addition to the require- disburse all funds by one or more of the fol- Act (47 U.S.C. 312(a)(7)) is amended— ments of that subsection, in a clearly spoken lowing means: making contributions to an (1) by striking ‘‘or repeated’’; manner, the following statement: entity qualified under section 501(c)(3) of the (2) by inserting ‘‘or cable system’’ after ‘ is responsible for the content of Internal Revenue Code of 1986; making a con- ‘‘broadcasting station’’; and this advertisement.’; with the blank to be (3) by striking ‘‘his candidacy’’ and insert- filled in with the name of the political com- tribution to the treasury of the United ing ‘‘his or her candidacy, under the same mittee or other person paying for the com- States; contributing to the national, State terms, conditions, and business practices as munication and the name of any connected or local committees of a political party; or apply to its most favored advertiser’’. organization of the payor. making contributions not to exceed $1,000 to (c) MEETING REQUIREMENTS FOR RATES AS ‘‘(2) If the communication described in candidates for elective office.’’. CONDITION OF GRANTING OR RENEWAL OF LI- paragraph (1) contains visual images, the SEC. 702. APPEARANCE BY FEDERAL ELECTION CENSE.—Section 307 of such Act (47 U.S.C. communication shall include a written COMMISSION AS AMICI CURIAE. 307) is amended by adding at the end the fol- statement which contains the same informa- Section 306(f) of the Federal Election Cam- lowing new subsection: tion as the audio statement and which ap- paign Act of 1971 (2 U.S.C. 437c(f)) is amended ‘‘(f) The continuation of an existing li- pears in a clearly readable manner with a by striking out paragraph (4) and inserting cense, the renewal of an expiring license, and reasonable degree of color contrast between in lieu thereof the following new paragraph: the issuance of a new license shall be ex- the background and the printed statement ‘‘(4)(A) Notwithstanding the provisions of pressly conditioned on the agreement by the for a period of at least 4 seconds.’’. paragraph (2), or of any other provision of licensee or the applicant to meet the re- SEC. 603. ELIGIBILITY FOR NONPROFIT THIRD- law, the Commission is authorized to appear quirements of section 315(b), except that the CLASS BULK RATES OF POSTAGE. on its own behalf in any action related to the Commission may waive this condition in the Paragraph (2) of section 3626(e) of title 39, exercise of its statutory duties or powers in case of a licensee or applicant who dem- United States Code, is amended— any court as either a party or as amicus cu- onstrates (in accordance with such criteria (1) in subparagraph (A) by striking ‘‘Com- riae, either— as the Commission may establish in con- mittee, and the’’ and inserting ‘‘Committee, ‘‘(i) by attorneys employed in its office, or sultation with the Federal Election Commis- the’’, and by striking ‘‘Committee;’’ and in- ‘‘(ii) by counsel whom it may appoint, on a sion) that meeting such requirements will serting ‘‘Committee, and a qualified cam- temporary basis as may be necessary for impose a significant financial hardship.’’. paign committee;’’; such purpose, without regard to the provi- SEC. 602. CAMPAIGN ADVERTISING AMEND- (2) by striking ‘‘and’’ at the end of subpara- sions of title 5, United States Code, govern- MENTS. graph (B); ing appointments in the competitive service, Section 318 of the Federal Election Cam- (3) by striking the period at the end of sub- and whose compensation it may fix without paign Act of 1971 (2 U.S.C. 441d) is amended— paragraph (C) and inserting a semicolon; and regard to the provisions of chapter 51 and (1) in the matter before paragraph (1) of (4) by adding at the end the following: subchapter III of chapter 53 of such title. The subsection (a), by striking ‘‘Whenever’’ and ‘‘(D) the term ‘qualified campaign commit- compensation of counsel so appointed on a inserting ‘‘Whenever a political committee tee’ means the campaign committee of an el- temporary basis shall be paid out of any makes a disbursement for the purpose of fi- igible House of Representatives candidate; funds otherwise available to pay the com- nancing any communication through any and pensation of employees of the Commission. broadcasting station, newspaper, magazine, ‘‘(E) the term ‘eligible House of Represent- ‘‘(B) The authority granted under subpara- outdoor advertising facility, mailing, or any atives candidate’ has the meaning given that graph (A) includes the power to appeal from, other type of general public political adver- term in section 301 of the Federal Election and petition the Supreme Court for certio- tising, or whenever’’; Campaign Act of 1971.’’. rari to review, judgments or decrees entered May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3335 with respect to actions in which the Com- TITLE I—SOFT MONEY AND CONTRIBU- paign Act of 1971 (2 U.S.C. 441a(a)(3)) is mission appears pursuant to the authority TIONS AND EXPENDITURES OF POLITI- amended by striking ‘‘in any calendar year’’ provided in this section.’’. CAL PARTIES and inserting the following: ‘‘to political SEC. 703. PROHIBITING SOLICITATION OF CON- SEC. 101. BAN ON SOFT MONEY OF NATIONAL PO- committees of political parties, or contribu- TRIBUTIONS BY MEMBERS IN HALL LITICAL PARTIES AND CANDIDATES. tions aggregating more than $25,000 to any OF THE HOUSE OF REPRESENTA- Title III of the Federal Election Campaign other persons, in any calendar year’’. TIVES. Act of 1971 (2 U.S.C. 431 et seq.) is amended (b) CONFORMING AMENDMENT.—Section (a) IN GENERAL.—A Member of the House of by adding at the end the following new sec- 315(a)(1)(B) of such Act (2 U.S.C. Representatives may not solicit or accept tion: 441a(a)(1)(B)) is amended by striking ‘‘$20,000’’ and inserting ‘‘$25,000’’. campaign contributions in the Hall of the ‘‘BAN ON USE OF SOFT MONEY BY NATIONAL SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT House of Representatives, rooms leading POLITICAL PARTIES AND CANDIDATES thereto, or the cloakrooms. OF COORDINATED EXPENDITURES ‘‘SEC. 323. (a) NATIONAL PARTIES.—A na- BY POLITICAL PARTIES. (b) DEFINITION.—In subsection (a), the term tional committee of a political party, includ- ‘‘Member of the House of Representatives’’ (a) IN GENERAL.—Section 315(d) of the Fed- ing the national congressional campaign eral Election Campaign Act of 1971 (2 U.S.C. means a Representative in, or a Delegate or committees of a political party, and any offi- 441a(d)) is amended by striking paragraphs Resident Commissioner to, Congress. cers or agents of such party committees, (2) and (3). (c) EXERCISE OF RULEMAKING AUTHORITY.— may not solicit, receive, or direct any con- (b) CONFORMING AMENDMENTS.—Section This section is enacted by Congress— tributions, donations, or transfers of funds, 315(d)(1) of such Act (2 U.S.C. 441a(d)(1)) is (1) as an exercise of the rulemaking power or spend any funds, which are not subject to amended— of the House of Representatives, and as such the limitations, prohibitions, and reporting (1) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; this section is deemed a part of the rules of requirements of this Act. This subsection and the House of Representatives and supersedes shall apply to any entity that is established, (2) by striking ‘‘, subject to the limitations other rules only to the extent inconsistent financed, maintained, or controlled (directly contained in paragraphs (2) and (3) of this therewith; and or indirectly) by, or acting on behalf of, a na- subsection’’. (2) with full recognition of the constitu- tional committee of a political party, includ- SEC. 104. INCREASE IN LIMIT ON CONTRIBU- tional right of the House of Representatives ing the national congressional campaign TIONS BY MULTICANDIDATE POLITI- to change the rule at any time, in the same committees of a political party, and any offi- CAL COMMITTEES TO NATIONAL PO- manner and to the same extent as in the case cers or agents of such party committees. LITICAL PARTIES. of any other rule of the House of Representa- ‘‘(b) CANDIDATES.— Section 315(a)(2)(B) of the Federal Election tives. ‘‘(1) IN GENERAL.—No candidate for Federal Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(B)) TITLE VIII—EFFECTIVE DATES; office, individual holding Federal office, or is amended by striking ‘‘$15,000’’ and insert- AUTHORIZATIONS any agent of such candidate or officeholder ing ‘‘$20,000’’. TITLE II—INDEXING CONTRIBUTION SEC. 801. EFFECTIVE DATE. may solicit, receive, or direct— LIMITS Except as otherwise provided in this Act, ‘‘(A) any funds in connection with any Fed- the amendments made by, and the provisions eral election unless such funds are subject to SEC. 201. INDEXING CONTRIBUTION LIMITS. Section 315(c) of the Federal Election Cam- of, this Act shall take effect on the date of the limitations, prohibitions and reporting paign Act of 1971 (2 U.S.C. 441a(c)) is amend- the enactment of this Act, but shall not requirements of this Act; ed by adding at the end the following new apply with respect to activities in connec- ‘‘(B) any funds that are to be expended in connection with any election for other than paragraph: tion with any election occurring before Jan- ‘‘(3)(A) The amount of each limitation es- uary 1, 1999. a Federal office unless such funds are not in excess of the amounts permitted with re- tablished under subsection (a) shall be ad- SEC. 802. SEVERABILITY. spect to contributions to Federal candidates justed as follows: (a) IN GENERAL.—Except as otherwise pro- and political committees under section ‘‘(i) For calendar year 1999, each such vided in this section, if any provision of this 315(a)(1) and (2), and are not from sources amount shall be equal to the amount de- Act (including any amendment made by this prohibited from making contributions by scribed in such subsection, increased (in a Act), or the application of any such provi- this Act with respect to elections for Federal compounded manner) by the percentage in- sion to any person or circumstance, is held office; or crease in the price index (as defined in sub- invalid, the validity of any other provision of ‘‘(C) any funds on behalf of any person section (c)(2)) for each of the years 1997 this Act, or the application of such provision which are not subject to the limitations, pro- through 1998. to other persons and circumstances, shall hibitions, and reporting requirements of this ‘‘(ii) For calendar year 2003 and each fourth not be affected thereby. Act if such funds are for the purpose of fi- subsequent year, each such amount shall be (b) EXCEPTIONS.—If any provision of sub- nancing any activity on behalf of a candidate equal to the amount for the fourth previous title A of title V of the Federal Election for election for Federal office or any commu- year (as adjusted under this subparagraph), Campaign Act of 1971 (as added by title I) is nication which refers to a clearly identified increased (in a compounded manner) by the held to be invalid, all provisions of such sub- candidate for election for Federal office. percentage increase in the price index for title, and the amendment made by section ‘‘(2) EXCEPTION FOR CERTAIN ACTIVITIES.— each of the four previous years. 122, shall be treated as invalid. Paragraph (1) shall not apply to— ‘‘(B) In the case of any amount adjusted SEC. 803. EXPEDITED REVIEW OF CONSTITU- ‘‘(A) the solicitation or receipt of funds by under this subparagraph which is not a mul- TIONAL ISSUES. an individual who is a candidate for a non- tiple of $100, the amount shall be rounded to (a) DIRECT APPEAL TO SUPREME COURT.—An Federal office if such activity is permitted the nearest multiple of $100.’’. appeal may be taken directly to the Supreme under State law for such individual’s non- TITLE III—EXPANDING DISCLOSURE OF Court of the United States from any final Federal campaign committee; or CAMPAIGN FINANCE INFORMATION judgment, decree, or order issued by any ‘‘(B) the attendance by an individual who SEC. 301. DISCLOSURE OF CERTAIN COMMUNICA- court finding any provision of this Act or holds Federal office or is a candidate for TIONS. amendment made by this Act to be unconsti- election for Federal office at a fundraising (a) IN GENERAL.—Any person who expends tutional. event for a State or local committee of a po- an aggregate amount of funds during a cal- (b) ACCEPTANCE AND EXPEDITION.—The Su- litical party of the State which the individ- endar year in excess of $25,000 for commu- preme Court shall, if it has not previously ual represents or seeks to represent as a Fed- nications described in subsection (b) relating ruled on the question addressed in the ruling eral officeholder, if the event is held in such to a single candidate for election for Federal below, accept jurisdiction over, advance on State. office (or an aggregate amount of funds dur- the docket, and expedite the appeal to the ‘‘(c) PROHIBITING TRANSFERS OF NON-FED- ing a calendar year in excess of $100,000 for greatest extent possible. ERAL FUNDS BETWEEN STATE PARTIES.—A all such communications relating to all such SEC. 804. REGULATIONS. State committee of a political party may candidates) shall file a report describing the The Federal Election Commission shall not transfer any funds to a State committee amount expended for such communications, prescribe any regulations required to carry of a political party of another State unless together with the person’s address and phone out the provisions of this Act within 12 the funds are subject to the limitations, pro- number (or, if appropriate, the address and months after the effective date of this Act. hibitions, and reporting requirements of this phone number of the person’s principal offi- Act. cer). H.R. 2183 ‘‘(d) APPLICABILITY TO FUNDS FROM ALL (b) COMMUNICATIONS DESCRIBED.—A com- OFFERED BY: MR. HUTCHINSON SOURCES.—This section shall apply with re- munication described in this subsection is (Amendment in the Nature of a Substitute) spect to funds of any individual, corporation, any communication which is broadcast to labor organization, or other person.’’. the general public through radio or tele- AMENDMENT NO. 8: Strike all after the en- vision and which mentions or includes (by acting clause and insert the following: SEC. 102. INCREASE IN AGGREGATE ANNUAL LIMIT ON CONTRIBUTIONS BY INDI- name, representation, or likeness) any can- SECTION 1. SHORT TITLE. VIDUALS TO POLITICAL PARTIES. didate for election for Senator or for Rep- This Act may be cited as the ‘‘Bipartisan (a) IN GENERAL.—The first sentence of sec- resentative in (or Delegate or Resident Com- Campaign Integrity Act of 1998’’. tion 315(a)(3) of the Federal Election Cam- missioner to) the Congress, other than any H3336 CONGRESSIONAL RECORD — HOUSE May 14, 1998 communication which would be described in complete as of the 20th day before the elec- (2) The rights of eligible citizens to seek clause (i), (iii), or (v) of section 301(9)(B) of tion; and election to office, vote for candidates of the Federal Election Campaign Act of 1971 if ‘‘(iii) a post-general election report, which their choice and associate for the purpose of the payment were an expenditure under such shall be filed no later than the 30th day after taking part in elections, including the right section. the general election and which shall be com- to create and develop new political parties, (c) DEADLINE FOR FILING.—A person shall plete as of the 20th day after such general are fundamental in a democracy. The rights file a report required under subsection (a) election. of citizens to participate in the election not later than 7 days after the person first ‘‘(B) In any other calendar year, all politi- process, provided in and derived from the expends the applicable amount of funds de- cal committees other than authorized com- first and fourteenth amendments to the Con- scribed in such subsection, except that in the mittees of a candidate shall file a report cov- stitution, have consistently been promoted case of a person who first expends such an ering the period beginning January 1 and and protected by the Federal Government. amount within 10 days of an election, the re- ending June 30, which shall be filed no later These rights include the right to cast an ef- port shall be filed not later than 24 hours than July 31 and a report covering the period fective vote and the right to associate for after the person first expends such amount. beginning July 1 and ending December 31, the advancement of political beliefs, which which shall be filed no later than January 31 For purposes of the previous sentence, the includes the ‘‘constitutional right . . . to cre- of the following calendar year.’’. term ‘‘election’’ shall have the meaning ate and develop new political parties.’’ Nor- (c) CONFORMING AMENDMENTS.—(1) Section given such term in section 301(1) of the Fed- man v. Reed, 502 U.S. 279, 112 S.Ct. 699 (1992). eral Election Campaign Act of 1971. 304(a) of such Act (2 U.S.C. 434(a)) is amended by striking paragraph (8). It is the duty of the Federal Government to (d) PLACE OF SUBMISSION.—Reports re- (2) Section 309(b) of such Act (2 U.S.C. see that these rights are not impaired in quired under subsection (a) shall be submit- 437g(b)) is amended by striking ‘‘for the cal- elections for Federal office. ted— endar quarter’’ and inserting ‘‘for the (3) Certain restrictions on access to the (1) to the Clerk of the House of Representa- month’’. ballot impair the ability of citizens to exer- tives, in the case of a communication involv- SEC. 303. MANDATORY ELECTRONIC FILING FOR cise these rights and have a direct and dam- ing a candidate for election for Representa- CERTAIN REPORTS. aging effect on citizens’ participation in the tive in (or Delegate or Resident Commis- (a) IN GENERAL.—Section 304(a)(11)(A) of electoral process. sioner to) the Congress; and the Federal Election Campaign Act of 1971 (2 (4) Many States unduly restrict access to (2) to the Secretary of the Senate, in the U.S.C. 434(a)(11)(A)) is amended by striking the ballot by nonmajor party candidates and case of a communication involving a can- the period at the end and inserting the fol- nonmajor political parties by means of such didate for election for Senator. lowing: ‘‘, except that the Commission shall devices as excessive petition signature re- (e) PENALTIES.—Whoever knowingly fails require the reports to be filed and preserved quirements, insufficient petitioning periods, to— by such means, format, or method, unless unconstitutionally early petition filing dead- (1) remedy a defective filing within 60 days the aggregate amount of contributions or ex- lines, petition signature distribution cri- after notice of such a defect by the Secretary penditures (as the case may be) reported by teria, and limitations on eligibility to cir- of the Senate or the Clerk of the House of the committee in all reports filed with re- culate and sign petitions. Representatives; or spect to the election involved (taking into (5) Many States require political parties to (2) comply with any other provision of this account the period covered by the report) is poll an unduly high number of votes or to section, less than $50,000.’’. register an unduly high number of voters as shall, upon proof of such knowing violation (b) PROVIDING STANDARDIZED SOFTWARE a precondition for remaining on the ballot. by a preponderance of the evidence, be sub- PACKAGE.—Section 304(a)(11) of such Act (2 (6) In 1983, the Supreme Court ruled uncon- ject to a civil fine of not more than $50,000, U.S.C. 434(a)(11)) is amended— stitutional an Ohio law requiring a nonmajor depending on the extent and gravity of the (1) by redesignating subparagraph (C) as party candidate for President to qualify for violation. subparagraph (D); and the general election ballot earlier than SEC. 302. REQUIRING MONTHLY FILING OF RE- (2) by inserting after subparagraph (B) the major party candidates. This Supreme Court PORTS. following new subparagraph: decision, Anderson v. Celebrezze, 460 U.S. 780 ‘‘(C) The Commission shall make available (a) PRINCIPAL CAMPAIGN COMMITTEES.—Sec- (1983) has been followed by many lower tion 304(a)(2)(A)(iii) of the Federal Election without charge a standardized package of courts in challenges by nonmajor parties and Campaign Act of 1971 (2 U.S.C. software to enable persons filing reports by candidates to early petition filing deadlines. electronic means to meet the requirements 434(a)(2)(A)(iii)) is amended to read as fol- See, e.g., Stoddard v. Quinn, 593 F. Supp. 300 of this paragraph.’’. lows: (D.Me. 1984); Cripps v. Seneca County Board ‘‘(iii) monthly reports, which shall be filed SEC. 304. WAIVER OF ‘‘BEST EFFORTS’’ EXCEP- of Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); TION FOR INFORMATION ON OCCU- no later than the 20th day after the last day PATION OF INDIVIDUAL CONTRIBU- Libertarian Party of Nevada v. Swackhamer, of the month and shall be complete as of the TORS. 638 F. Supp. 565 (D. Nev. 1986); Cromer v. last day of the month, except that, in lieu of Section 302(i) of the Federal Election Cam- State of South Carolina, 917 F.2d 819 (4th Cir. filing the reports otherwise due in November paign Act of 1971 (2 U.S.C. 432(i)) is amend- 1990); New Alliance Party of Alabama v. and December of the year, a pre-general elec- ed— Hand, 933 F. 2d 1568 (11th Cir. 1991). tion report shall be filed in accordance with (1) by striking ‘‘(i) When the treasurer’’ (7) In 1996, 34 States required nonmajor clause (i), a post-general election report and inserting ‘‘(i)(1) Except as provided in party candidates for President to qualify for shall be filed in accordance with clause (ii), paragraph (2), when the treasurer’’; and the ballot before the second major party na- and a year end report shall be filed no later (2) by adding at the end the following new tional convention (Arizona, California, Colo- than January 31 of the following calendar paragraph: rado, Connecticut, Delaware, District of Co- year.’’. ‘‘(2) Paragraph (1) shall not apply with re- lumbia, Florida, Georgia, Illinois, Indiana, (b) OTHER POLITICAL COMMITTEES.—Section spect to information regarding the occupa- Iowa, Kansas, Maine, Maryland, Massachu- 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is tion or the name of the employer of any indi- setts, Michigan, Missouri, Montana, Nevada, amended to read as follows: vidual who makes a contribution or con- New Hampshire, New Jersey, New York, ‘‘(4)(A) In a calendar year in which a regu- tributions aggregating more than $200 during North Carolina, Ohio, Oklahoma, Pennsyl- larly scheduled general election is held, all a calendar year (as required to be provided vania, South Carolina, South Dakota, Ten- political committees other than authorized under subsection (c)(3)).’’. nessee, Texas, Virginia, Washington, West committees of a candidate shall file— TITLE IV—EFFECTIVE DATE Virginia, and Wyoming). Twenty-six of these ‘‘(i) monthly reports, which shall be filed SEC. 401. EFFECTIVE DATE. States required nonmajor party candidates no later than the 20th day after the last day This Act and the amendments made by to qualify before the first major party na- of the month and shall be complete as of the this Act shall apply with respect to elections tional convention (Arizona, California, Colo- last day of the month, except that, in lieu of occurring after January 1999. rado, Connecticut Florida, Georgia, Illinois, filing the reports otherwise due in November Indiana, Kansas, Maine, Maryland, Massa- H.R. 2183 and December of the year, a pre-general elec- chusetts, Michigan, Missouri, Montana, Ne- tion report shall be filed in accordance with OFFERED BY MR. PAUL vada, New Hampshire, New Jersey, North clause (ii), a post-general election report (Amendment in the Nature of a Substitute) Carolina, Oklahoma, Pennsylvania, South shall be filed in accordance with clause (iii), AMENDMENT NO. 9: Strike all after the en- Carolina, South Dakota, Texas, Washington, and a year end report shall be filed no later acting clause and insert the following: and West Virginia). than January 31 of the following calendar SECTION 1. SHORT TITLE. (8) Under present law, in 1996, nonmajor year; This Act may be cited as the ‘‘Voter Free- party candidates for President were required ‘‘(ii) a pre-election report, which shall be dom Act of 1998’’. to obtain at least 701,089 petition signatures filed no later than the 12th day before (or SEC. 2. FINDINGS AND PURPOSES. to be listed on the ballots of all 50 States and posted by registered or certified mail no (a) FINDINGS.—The Congress makes the fol- the District of Columbia—28 times more sig- later than the 15th day before) any election lowing findings: natures than the 25,500 required of Demo- in which the committee makes a contribu- (1) Voting participation in the United cratic Party candidates and 13 times more tion to or expenditure on behalf of a can- States is lower than in any other advanced signatures than the 54,250 required of Repub- didate in such election, and which shall be industrialized democracy. lican Party candidates. To be listed on the May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3337 ballot in all 50 States and the District of Co- candidate for President listed on the ballot (b) PURPOSES.—The purposes of this Act lumbia with a party label, nonmajor party with a party label. are— candidates for President were required to ob- (12) Under present law, in 1996 one State (1) to establish fair and uniform standards tain approximately 651,475 petition signa- (California) required nonmajor party can- regulating access to the ballot by eligible tures and 89,186 registrants. Thirty-two of didates for President or Senate to obtain citizens who desire to seek election to Fed- the 41 States that hold Presidential pri- 147,238 signatures in 105 days, but required eral office and political parties, bodies, and maries required no signatures of major party major party candidates for Senate to obtain groups which desire to take part in elections candidates for President (Arkansas, Califor- only 65 signatures in 105 days, and required for Federal office; and nia, Colorado, Connecticut, Florida, Georgia, no signatures of major party candidates for (2) to maximize the participation of eligi- Idaho, Kansas, Kentucky, Louisiana, Mary- President. Another State (Texas) required ble citizens in elections for Federal office. land, Massachusetts, Michigan, Minnesota, nonmajor party candidates for President or SEC. 3. BALLOT ACCESS RIGHTS. Mississippi, Missouri, Nebraska, New Hamp- Senate to obtain 43,963 signatures in 75 days, (a) IN GENERAL.—An individual shall have shire, New Mexico, North Carolina, North and required no signatures of major party the right to be placed as a candidate on, and Dakota, Oklahoma, Oregon, Rhode Island, candidates for President or Senate. to have such individual’s political party, South Carolina, South Dakota, Tennessee, (13) Under present law, in 1996, seven body, or group affiliation in connection with Texas, Virginia, Washington, West Virginia, States required nonmajor party candidates such candidacy placed on, a ballot or similar Wisconsin). Only three States required no for President or Senate to collect a certain voting materials to be used in a Federal elec- signatures of nonmajor party candidates for number or percentage of their petition signa- tion, if— tures in each congressional district or in a (1) such individual presents a petition stat- President (Arkansas, Colorado, and Louisi- specified number of congressional districts ing in substance that its signers desire such ana; Colorado and Louisiana, however, re- (Michigan, Missouri, Nebraska, New Hamp- individual’s name and political party, body quired a $500 filing fee). shire, New York, North Carolina, Virginia). or group affiliation, if any, to be placed on (9) Under present law, the number of peti- Only three of these States impose a like re- the ballot or other similar voting materials tion signatures required by the States to list quirement on major party candidates for to be used in the Federal election with re- a major party candidate for Senate on the President or Senate (Michigan, New York, spect to which such rights are to be exer- ballot in 1996 ranged from zero to 15,000. The Virginia). cised; number of petition signatures required to (14) Under present law, in 1996, 20 States re- (2) with respect to a Federal election for list a nonmajor party candidate for Senate stricted the circulation of petitions for the office of President, Vice President, or ranged from zero to 196,788. Thirty-one nonmajor party candidates to residents of Senator, such petition has a number of sig- States required no signatures of major party those States (California, Colorado, Connecti- natures of persons qualified to vote for such candidates for Senate (Alabama, Alaska, Ar- cut, District of Columbia, Idaho, Illinois, office equal to one-tenth of one percent of kansas, Colorado, Connecticut, Delaware, Kansas, Michigan, Missouri, Nebraska, Ne- the number of persons who voted in the most Florida, Georgia, Hawaii, Kansas, Kentucky, vada, New Jersey, New York, Ohio, Pennsyl- recent previous Federal election for such of- Louisiana, Maryland, Massachusetts, Min- vania, South Dakota, Texas, Virginia, West fice in the State, or 1,000 signatures, which- nesota, Mississippi, Missouri, Montana, Ne- Virginia, Wisconsin). Two States restricted ever is greater; braska, Nevada, New Hampshire, North Caro- the circulation of petitions for nonmajor (3) with respect to a Federal election for lina, North Dakota, Oklahoma, Oregon, party candidates to the county or congres- the office of Representative in, or Delegate South Carolina, Texas, Utah, Washington, sional district where the circulator lives or Resident Commissioner to, the Congress, West Virginia, Wyoming). Only one State re- (Kansas and Virginia). such petition has a number of signatures of quired no signatures of nonmajor party can- (15) Under present law, in 1996, three States persons qualified to vote for such office didates for Senate, provided they were will- prohibited people who voted in a primary equal to one-half of one percent of the num- ing to be listed on the ballot without a party election from signing petitions for nonmajor ber of persons who voted in the most recent label (Louisiana, although a $600 filing fee party candidates (Nebraska, New York, previous Federal election for such office, or, was required, and to run with a party label, Texas, West Virginia). Twelve States re- if there was no previous Federal election for a candidate was required to register 111,121 stricted the signing of petitions to people such office, 1,000 signatures; voters into his or her party). who indicate intent to support or vote for (4) with respect to a Federal election the (10) Under present law, the number of peti- the candidate or party (California, Delaware, date of which was fixed 345 or more days in tion signatures required by the States to list Hawaii, Illinois, Indiana, Maryland, New Jer- advance, such petition was circulated during a major party candidate for Congress on the sey, New York, North Carolina, Ohio, Or- a period beginning on the 345th day and end- ballot in 1996 ranged from zero to 2,000. The egon, Utah). Five of these 12 States required ing on the 75th day before the date of the number of petition signatures required to no petitions of major party candidates (Dela- election; and list a nonmajor party candidate for Congress ware, Maryland, North Carolina, Oregon, (5) with respect to a Federal election the ranged from zero to 13,653. Thirty-one States Utah), and only one of the six remaining date of which was fixed less than 345 days in required no signatures of major party can- States restricted the signing of petitions for advance, such petition was circulated during didates for Congress (Alabama, Alaska, Ar- major party candidates to people who indi- a period established by the State holding the kansas, Colorado, Connecticut, Delaware, cate intent to support or vote for the can- election, or, if no such period was estab- Florida, Georgia, Hawaii, Kansas, Kentucky, didate or party (New Jersey). lished, during a period beginning on the day Louisiana, Maryland, Minnesota, Mis- (16) In two States (Louisiana and Mary- after the date the election was scheduled and sissippi, Missouri, Montana, Nebraska, Ne- land), no nonmajor party candidate for Sen- ending on the tenth day before the date of vada, New Hampshire, North Carolina, North ate has qualified for the ballot since those the election, provided, however, that the Dakota, Oklahoma, Oregon, South Carolina, States’ ballot access laws have been in ef- number of signatures required under para- Texas, Utah, Washington, West Virginia, Wy- fect. graph (2) or (3) shall be reduced by 1⁄270 for oming). Only one State required no signa- (17) In two States (Georgia and Louisiana), each day less than 270 in such period. tures of nonmajor party candidates for Con- no nonmajor party candidate for the United (b) SPECIAL RULE.—An individual shall gress, provided they are willing to be listed States House of Representatives has quali- have the right to be placed as a candidate on, on the ballot without a party label (Louisi- fied for the ballot since those States’ ballot and to have such individual’s political party, ana, although a $600 filing fee was required). access laws have been in effect. body, or group affiliation in connection with (11) Under present law, in 1996, eight States (18) Restrictions on the ability of citizens such candidacy placed on, a ballot or similar required additional signatures to list a to exercise the rights identified in this sub- voting materials to be used in a Federal elec- nonmajor party candidate for President on section have disproportionately impaired tion, without having to satisfy any require- the ballot with a party label (Alabama, Ari- participation in the electoral process by var- ment relating to a petition under subsection zona, Idaho, Kansas, Nebraska, North Da- ious groups, including racial minorities. (a), if that or another individual, as a can- kota, Ohio, Tennessee). Thirteen States re- (19) The establishment of fair and uniform didate of that political party, body, or group, quired additional signatures to list a national standards for access to the ballot in received one percent of the votes cast in the nonmajor party candidate for Senate or Con- elections for Federal office would remove most recent general Federal election for gress on the ballot with a party label (Ala- barriers to the participation of citizens in President or Senator in the State. bama, Arizona, Arkansas, California, Idaho, the electoral process and thereby facilitate (c) SAVINGS PROVISION.—Subsections (a) Hawaii, Kansas, Louisiana, North Dakota, such participation and maximize the rights and (b) shall not apply with respect to any Nebraska, Ohio, Oregon, Tennessee). Two of identified in this subsection. State that provides by law for greater ballot these States (Ohio and Tennessee) required (20) The Congress has authority, under the access rights than the ballot access rights 5,000 signatures and 25 signatures, respec- provisions of the Constitution of the United provided for under such subsections. tively, to list a nonmajor party candidate for States in sections 4 and 8 of article I, section SEC. 4. RULEMAKING. President or Senate on the ballot in 1996, but 1 of article II, article VI, the thirteenth, The Attorney General shall make rules to required 33,463 signatures and 37,179 signa- fourteenth, and fifteenth amendments, and carry out this Act. tures, respectively, to list the candidate on other provisions of the Constitution of the SEC. 5. GENERAL DEFINITIONS. the ballot with her or his party label. One United States, to protect and promote the As used in this Act— State (California) required a nonmajor party exercise of the rights identified in this sub- (1) the term ‘‘Federal election’’ means a to have 89,006 registrants in order to have its section. general or special election for the office of— H3338 CONGRESSIONAL RECORD — HOUSE May 14, 1998 (A) President or Vice President; (2) to which any other person has access in percent or more of the total number of popu- (B) Senator; or person or through an electronic medium. lar votes received by all candidates for such (C) Representative in, or Delegate or Resi- Amend the title so as to read: ‘‘A bill to re- office; dent Commissioner to, the Congress; quire that candidates who receive campaign ‘‘(B) the term ‘third party’ means with re- (2) the term ‘‘State’’ means a State of the financing from the Presidential Election spect to a House of Representatives general United States, the District of Columbia, the Campaign Fund agree not to participate in election, a political party whose candidate Commonwealth of Puerto Rico, and any multicandidate forums that exclude can- for the office of Representative in, or Dele- other territory or possession of the United didates who have broad-based public sup- gate or Resident Commissioner to, the Con- States; port.’’. gress in the preceding general election re- (3) the term ‘‘individual’’ means an individ- H.R. 2183 ceived, as the candidate of such party, less ual who has the qualifications required by than 25 percent of the total number of popu- OFFERED BY: MR. PETERSON OF MINNESOTA law of a person who holds the office for lar votes received by all candidates for such which such individual seeks to be a can- (Amendment in the Nature of a Substitute) office; and didate; AMENDMENT NO. 11: Strike all after the en- ‘‘(C) the term ‘independent candidate’ (4) the term ‘‘petition’’ includes a petition acting clause and insert the following: means, with respect to a House of Represent- which conforms to section 3(a)(1) and upon SECTION 1. SHORT TITLE. atives general election, a candidate for the which signers’ addresses and/or printed This Act may be cited as the ‘‘Public Fi- office of Representative in, or Delegate or names are required to be placed; nancing of House of Representatives Elec- Resident Commissioner to, the Congress who (5) the term ‘‘signer’’ means a person tions Act of 1998’’. is not the candidate of a major party or a whose signature appears on a petition and SEC. 2. ESTABLISHMENT OF THE HOUSE OF REP- third party. who can be identified as a person qualified to RESENTATIVES CAMPAIGN TRUST ‘‘(e) LIMITATION ON TOTAL AMOUNT OF PAY- vote for an individual for whom the petition FUND. MENTS.—The aggregate amount of payments is circulated, and includes a person who re- (a) IN GENERAL.—Subchapter A of chapter made from the Fund to any candidate with quests another to sign a petition on his or 98 of the Internal Revenue Code of 1986 (re- respect to an election cycle may not exceed her behalf at the time when, and at the place lating to Trust Fund Code) is amended by 50 percent of the expenditure limit applica- where, the request is made; adding at the end the following new section: ble with respect to the cycle under subtitle B (6) the term ‘‘signature’’ includes the in- ‘‘SEC. 9511. HOUSE OF REPRESENTATIVES CAM- of title V of the Federal Election Campaign complete name of a signer, the name of a PAIGN TRUST FUND. Act of 1971. signer containing abbreviations such as first ‘‘(a) CREATION OF TRUST FUND.—There is ‘‘(f) REPAYMENT OF TRUST FUND FROM EX- or middle initial, and the name of a signer established in the Treasury of the United CESS FUNDS.—(1) If at the conclusion of a pri- preceded or followed by titles such as ‘‘Mr.’’, States a trust fund to be known as the mary election or general election in which a ‘‘Ms.’’, ‘‘Dr.’’, ‘‘Jr.’’, or ‘‘III’’; and ‘House of Representatives Campaign Trust candidate who has received payments from (7) the term ‘‘address’’ means the address Fund’, consisting of such amounts as may be the House of Representatives Campaign which a signer uses for purposes of registra- appropriated or credited to such trust fund Trust Fund under this section has excess tion and voting. as provided in this section. campaign funds attributable to that elec- Amend the title so as to read: ‘‘A bill to ‘‘(b) TRANSFER TO FUND OF AMOUNTS DES- tion, such candidate shall within thirty days enforce the guarantees of the first, four- IGNATED BY INDIVIDUALS.—There is hereby refund to the trust fund the amount of the teenth, and fifteenth amendments to the appropriated to the House of Representatives excess campaign funds which equals the pro Constitution of the United States by prohib- Campaign Trust Fund amounts equivalent to rata share that payments provided to such iting certain devices used to deny the right the amounts designated under section 6097. candidate from the trust fund accounted for to participate in certain elections.’’. ‘‘(c) EXPENDITURE FROM FUND FOR PRIMARY of such candidate’s total aggregated receipts H.R. 2183 ELECTIONS.— from all sources with respect to such elec- OFFERED BY: MR. PAUL ‘‘(1) IN GENERAL.—Amounts in the House of tion. ‘‘(2) In no case shall the amount of refund (Amendment in the Nature of a Substitute) Representatives Campaign Trust Fund shall be available to provide payments with re- required under paragraph (1) exceed the total AMENDMENT NO. 10: Strike all after the en- spect to a primary election to qualified aggregated payments provided to such can- acting clause and insert the folowing: House candidates under title V of the Fed- didate from the Trust Fund with respect to SECTION 1. SHORT TITLE. eral Election Campaign Act of 1971. that election. This Act may be cited as the ‘‘Freedom De- ‘‘(2) AMOUNT.—Payments from the Fund ‘‘(g) INDEXING OF AMOUNTS.—Each of the bate Act of 1998’’. shall be made, in such manner as the Federal amounts provided in this section shall be SEC. 2. REQUIREMENT THAT CANDIDATES WHO Election Commission may prescribed by reg- subject to indexing in the same manner as RECEIVE CAMPAIGN FINANCING ulation, to each qualified House candidate in amounts described in title V of the Federal FROM THE PRESIDENTIAL ELEC- Election Campaign Act of 1971.’’. TION CAMPAIGN FUND AGREE NOT a primary election in an amount equal to the (b) CLERICAL AMENDMENT.—The table of TO PARTICIPATE IN MULTI- aggregate total of the first $200 in contribu- CANDIDATE FORUMS THAT EX- tions from individuals. sections for such subchapter A is amended by CLUDE CANDIDATES WITH BROAD- ‘‘(d) EXPENDITURE FROM FUND FOR GENERAL adding at the end the following new item: BASED PUBLIC SUPPORT. ELECTIONS.— ‘‘Sec. 9511. House of Representatives Cam- (a) IN GENERAL.—In addition to the re- ‘‘(1) IN GENERAL.—Amounts in the House of paign Trust Fund.’’. quirements under subtitle H of the Internal Representatives Campaign Trust Fund shall SEC. 3. PUBLIC FINANCING FOR HOUSE CAN- Revenue Code of 1986, in order to be eligible be available to provide payments with re- DIDATES AGREEING TO LIMIT EX- to receive payments from the Presidential spect to a general election to qualified House PENDITURES. Election Campaign Fund, a candidate shall candidates under title V of the Federal Elec- (a) IN GENERAL.—The Federal Election agree in writing not to appear in any multi- tion Campaign Act of 1971. Campaign Act of 1971 (2 U.S.C. 431 et seq.) is candidate forum with respect to the election ‘‘(2) AMOUNT.—Payments from the Fund amended by adding at the end the following involved unless the following individuals are shall be made, in such manner as the Federal new title: invited to participate in the multicandidate Election Commission may prescribed by reg- ‘‘TITLE V—VOLUNTARY EXPENDITURE forum: ulation, to each qualified House candidate in LIMITATIONS AND PUBLIC FINANCING (1) Each other eligible candidate under a general election in an amount determined FOR HOUSE OF REPRESENTATIVES GEN- such subtitle. as follows: ERAL ELECTIONS (2) Each individual who is qualified in at ‘‘(A) In the case of a major party can- ‘‘Subtitle A—Public Financing for Qualified least 40 States for the ballot for the office in- didate, $500,000. House Candidates volved. ‘‘(B) In the case of a third party or inde- (b) ENFORCEMENT.—If the Federal Election pendent candidate, an amount that bears the ‘‘SEC. 501. PUBLIC FINANCING FOR QUALIFIED Commission determines that a candidate— same ratio to $1,000,000 as the total popular HOUSE CANDIDATES. (1) has received payments from the Presi- vote in the district for candidates of the ‘‘A qualified House candidate in a House of dential Election Campaign Fund; and third party or for all independent candidates Representatives election shall be entitled to (2) has violated the agreement referred to (as the case may be) bears to the total popu- payments from the House of Representatives in subsection (a); lar vote for all candidates in the 5 preceding Campaign Trust Fund under subchapter A of the candidate shall pay to the Treasury an general elections. chapter 61 of the Internal Revenue Code of amount equal to the amount of the pay- ‘‘(3) DEFINITIONS.—In this paragraph— 1986. ments so made. ‘‘(A) the term ‘major party’ means, with ‘‘SEC. 502. PROCEDURES FOR CERTIFICATION. (c) DEFINITION.—As used in this Act, the respect to a House of Representatives gen- ‘‘(a) IN GENERAL.—The Commission shall term ‘‘multicandidate forum’’ means a meet- eral election, a political party whose can- certify that a candidate initially meets the ing— didate for the office of Representative in, or requirements for a qualified House candidate (1) consisting of a moderated reciprocal Delegate or Resident Commissioner to, the under if the candidate submits to the Com- discussion of issues among candidates for the Congress in the preceding general election mission in writing a statement with the fol- same office; and received, as the candidate of such party, 25 lowing information and assurances: May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3339 ‘‘(1) An agreement to obtain and furnish to ‘‘Subtitle D—Miscellaneous Provisions ‘‘(A) for any national bank or corporation the Commission such evidence as it may re- ‘‘SEC. 531. QUALIFIED HOUSE CANDIDATE DE- described in this section to collect from or quest to ensure that the candidate meets the FINED. assess its stockholders or employees any requirements relating to limitations on ex- ‘‘In this title, the term ‘qualified House dues, initiation fee, or other payment as a penditures under subtitle B. candidate’ means, with respect to an election condition of employment if any part of such ‘‘(2) An agreement to obtain and furnish to for the office of Representative in or Dele- dues, fee, or payment will be used for politi- the Commission such evidence as it may re- gate or Resident Commissioner to the House cal activity in which the national bank or quest to ensure that the candidate meets the of Representatives, a candidate in such elec- corporation is engaged; and requirements relating to the receipt of tion who is certified by the Commission ‘‘(B) for any labor organization described matching contributions under subtitle C. under subtitle A as meeting the require- in this section to collect from or assess its ‘‘(3) An agreement to keep and furnish to ments for receiving public financing under members or nonmembers any dues, initiation the Commission such records, books, and this title. fee, or other payment if any part of such other information as it may request. ‘‘SEC. 532. INDEXING OF AMOUNTS. dues, fee, or payment will be used for politi- ‘‘(4) An agreement to audit and examina- ‘‘The Commission shall issue regulations cal activity in which the labor organization tion by the Commission and to the payment providing for the biennial indexing of the is engaged. of any amounts found to be paid erroneously amounts provided in this title.’’. ‘‘(2) An authorization described in para- to the candidate under this title. (b) EFFECTIVE DATE.—The amendment graph (1) shall remain in effect until revoked ‘‘(5) Such other information and assur- made by subsection (a) shall apply with re- and may be revoked at any time. Each entity ances as the Commission may require. spect to elections occurring after December collecting from or assessing amounts from ‘‘(b) AUTHORITY OF COMMISSION TO REJECT 1998. an individual with an authorization in effect OR REVOKE CERTIFICATION.—The Commission SEC. 4. DESIGNATION OF INCOME TAX PAYMENTS under such paragraph shall provide the indi- may reject a candidate’s application for TO THE HOUSE OF REPRESENTA- vidual with a statement that the individual treatment as a qualified House candidate or TIVES CAMPAIGN TRUST FUND. may at any time revoke the authorization. revoke a candidate’s status as a qualified (a) IN GENERAL.—Subchapter A of chapter ‘‘(3) For purposes of this subsection, the House candidate if the candidate knowingly 61 of the Internal Revenue Code of 1986 (re- term ‘political activity’ means any activity and willfully violates or has violated any of lating to returns and records) is amended by carried out for the purpose of influencing (in the applicable requirements of this title with adding at the end the following new part: whole or in part) any election for Federal of- respect to the election involved or any pre- ‘‘PART IX—DESIGNATION OF INCOME TAX fice, or educating individuals about can- vious election. PAYMENTS TO BE USED FOR THE didates for election for Federal office.’’. (b) EFFECTIVE DATE.—The amendment ‘‘Subtitle B—Limitations on Expenditures by HOUSE OF REPRESENTATIVES CAM- made by subsection (a) shall apply to Qualified House Candidates PAIGN TRUST FUND amounts collected or assessed on or after the ‘‘Sec. 6097. Designation by individuals. ‘‘SEC. 511. LIMITATION ON EXPENDITURES. date of the enactment of this Act. ‘‘(a) IN GENERAL.—Except as provided in ‘‘SEC. 6097. DESIGNATION BY INDIVIDUALS. Amend the title so as to read: ‘‘A Bill to ‘‘(a) IN GENERAL.—Every individual whose subsection (b), a qualified House candidate in protect individuals from having money in- adjusted income tax liability for the taxable a House of Representatives election may not voluntarily collected and used for political year is $5 or more may designate that $5 make expenditures with respect to the elec- activities by a corporation or labor organiza- shall be paid over to the House of Represent- tion cycle involved in excess of $750,000, of tion.’’. atives Campaign Trust Fund. which not more than $250,000 may be ex- H.R. 2183 pended with respect to any primary election ‘‘(b) ADJUSTED INCOME TAX LIABILITY.—For OFFERED BY: MR. SHAYS occurring within the cycle. purposes of this section, the adjusted income tax liability of an individual is the tax liabil- ‘‘(b) EXCEPTIONS.— (Amendment in the Nature of a Substitute) ity of such individual (as determined under ‘‘(1) NONPARTICIPATING OPPONENT.—In the AMENDMENT NO. 13: Strike all after the en- subsection (b) of section 6096) for the taxable case of a qualified House candidate with an acting clause and insert the following: year reduced by the amount designated opponent who is not a qualified House can- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under section 6096 (relating to designation of didate, the amount otherwise provided in (a) SHORT TITLE.—This Act may be cited as income tax payments to Presidential Elec- subsection (a) shall be increased by the the ‘‘Bipartisan Campaign Reform Act of tion Campaign Fund) for such taxable year. amount by which the amount expended by ‘‘(c) JOINT RETURNS.—In the case of a joint 1998’’. the opponent exceeds the amount under sub- return showing adjusted income tax liability (b) TABLE OF CONTENTS.—The table of con- section (a). of $5 or more, each spouse may designate tents of this Act is as follows: ‘‘(2) CLOSELY CONTESTED PRIMARY.—In the that $10 shall be paid over to the House of Sec. 1. Short title; table of contents. case of a qualified House candidate in a gen- Representatives Campaign Trust Fund. TITLE I—REDUCTION OF SPECIAL eral election who won the primary involved ‘‘(d) MANNER AND TIME OF DESIGNATION.— INTEREST INFLUENCE by a margin of 10 percentage points or less, Subsection (c) of section 6096 shall apply to the amount otherwise provided under sub- Sec. 101. Soft money of political parties. the manner and time of the designation Sec. 102. Increased contribution limits for section (a) shall be increased by 20 percent. under this section.’’. ‘‘(3) RUNOFF ELECTION.—In the case of a State committees of political (b) CLERICAL AMENDMENT.—The table of parties and aggregate contribu- qualified House candidate in a runoff elec- parts for such subchapter A is amended by tion, the amount otherwise provided under tion limit for individuals. adding at the end the following new item: Sec. 103. Reporting requirements. subsection (a) shall be increased by 20 per- ‘‘Part IX. Designation of income tax pay- TITLE II—INDEPENDENT AND cent. ments to be used for the House COORDINATED EXPENDITURES ‘‘SEC. 512. SOURCES OF AMOUNTS FOR EXPENDI- of Representatives Campaign TURES BY QUALIFIED HOUSE CAN- Trust Fund.’’. Sec. 201. Definitions. DIDATES. Sec. 202. Civil penalty. ‘‘The only sources of amounts for expendi- (c) EFFECTIVE DATE.—The amend- Sec. 203. Reporting requirements for certain tures by qualified House candidates in House ments made by this section shall apply independent expenditures. of Representatives general elections shall be to taxable years beginning after De- Sec. 204. Independent versus coordinated ex- the House of Representatives Campaign cember 31, 1998. penditures by party. Trust Fund under subchapter A of chapter 61 H.R. 2183 Sec. 205. Coordination with candidates. of the Internal Revenue Code of 1986, except OFFERED BY: MR. BOB SCHAFFER OF TITLE III—DISCLOSURE that in the case of a primary election, the COLORADO Sec. 301. Filing of reports using computers candidate may expend an amount not in ex- (Amendment in the Nature of a Substitute) and facsimile machines. cess of 50 percent of the applicable expendi- Sec. 302. Prohibition of deposit of contribu- ture limit from matching contributions de- AMENDMENT NO. 12: Strike all after the en- acting clause and insert the following: tions with incomplete contribu- scribed in section 521. tor information. SECTION 1. SHORT TITLE. Sec. 303. Audits. ‘‘Subtitle C—Matching Contribution This Act may be cited as the ‘‘Paycheck Sec. 304. Reporting requirements for con- Requirement for Primary Elections Protection Act’’. tributions of $50 or more. ‘‘SEC. 521. REQUIRING MATCHING INDIVIDUAL SEC. 2. PROHIBITING INVOLUNTARY ASSESS- CONTRIBUTIONS FOR PRIMARY Sec. 305. Use of candidates’ names. MENT OF EMPLOYEE FUNDS FOR PO- Sec. 306. Prohibition of false representation ELECTIONS. LITICAL ACTIVITIES. to solicit contributions. ‘‘With respect to a primary election, a (a) IN GENERAL.—Section 316 of the Federal Sec. 307. Soft money of persons other than qualified House candidate shall report to the Election Campaign Act of 1971 (2 U.S.C. 441b) political parties. Commission that the candidate and the au- is amended by adding at the end the follow- Sec. 308. Campaign advertising. thorized committees of the candidate have ing new subsection: received contributions totaling at least ‘‘(c)(1) Except with the separate, prior, TITLE IV—PERSONAL WEALTH OPTION $25,000 in contributions of $200 or less from written, voluntary authorization of each in- Sec. 401. Voluntary personal funds expendi- individual contributors. dividual, it shall be unlawful— ture limit. H3340 CONGRESSIONAL RECORD — HOUSE May 14, 1998

Sec. 402. Political party committee coordi- identified) and is made for the purpose of in- ‘‘(3) FUNDRAISING EVENTS.—Paragraph (1) nated expenditures. fluencing a Federal election (regardless of does not apply in the case of a candidate who TITLE V—MISCELLANEOUS whether the communication is express advo- attends, speaks, or is a featured guest at a cacy). Sec. 501. Codification of Beck decision. fundraising event sponsored by a State, dis- XCLUDED ACTIVITY.—The term ‘Fed- Sec. 502. Use of contributed amounts for cer- ‘‘(B) E trict, or local committee of a political eral election activity’ does not include an tain purposes. party.’’. Sec. 503. Limit on congressional use of the amount expended or disbursed by a State, SEC. 102. INCREASED CONTRIBUTION LIMITS FOR franking privilege. district, or local committee of a political STATE COMMITTEES OF POLITICAL Sec. 504. Prohibition of fundraising on Fed- party for— PARTIES AND AGGREGATE CON- TRIBUTION LIMIT FOR INDIVIDUALS. eral property. ‘‘(i) campaign activity conducted solely on (a) CONTRIBUTION LIMIT FOR STATE COMMIT- Sec. 505. Penalties for knowing and willful behalf of a clearly identified candidate for TEES OF POLITICAL PARTIES.—Section violations. State or local office, provided the campaign 315(a)(1) of the Federal Election Campaign Sec. 506. Strengthening foreign money ban. activity is not a Federal election activity de- Sec. 507. Prohibition of contributions by mi- scribed in subparagraph (A); Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— nors. ‘‘(ii) a contribution to a candidate for (1) in subparagraph (B), by striking ‘‘or’’ at Sec. 508. Expedited procedures. State or local office, provided the contribu- the end; Sec. 509. Initiation of enforcement proceed- tion is not designated or used to pay for a (2) in subparagraph (C)— ing. Federal election activity described in sub- (A) by inserting ‘‘(other than a committee paragraph (A); described in subparagraph (D))’’ after ‘‘com- TITLE VI—SEVERABILITY; CONSTITU- ‘‘(iii) the costs of a State, district, or local mittee’’; and TIONALITY; EFFECTIVE DATE; REGU- political convention; (B) by striking the period at the end and LATIONS ‘‘(iv) the costs of grassroots campaign ma- inserting ‘‘; or’’; and Sec. 601. Severability. terials, including buttons, bumper stickers, (3) by adding at the end the following: Sec. 602. Review of constitutional issues. and yard signs, that name or depict only a ‘‘(D) to a political committee established Sec. 603. Effective date. candidate for State or local office; and maintained by a State committee of a Sec. 604. Regulations. ‘‘(v) the non-Federal share of a State, dis- political party in any calendar year that, in TITLE I—REDUCTION OF SPECIAL trict, or local party committee’s administra- the aggregate, exceed $10,000’’. INTEREST INFLUENCE tive and overhead expenses (but not includ- (b) AGGREGATE CONTRIBUTION LIMIT FOR IN- SEC. 101. SOFT MONEY OF POLITICAL PARTIES. ing the compensation in any month of an in- DIVIDUAL.—Section 315(a)(3) of the Federal Title III of the Federal Election Campaign dividual who spends more than 20 percent of Election Campaign Act of 1971 (2 U.S.C. Act of 1971 (2 U.S.C. 431 et seq.) is amended the individual’s time on Federal election ac- 441a(a)(3)) is amended by striking ‘‘$25,000’’ by adding at the end the following: tivity) as determined by a regulation pro- and inserting ‘‘$30,000’’. ‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES. mulgated by the Commission to determine SEC. 103. REPORTING REQUIREMENTS. (a) REPORTING REQUIREMENTS.—Section 304 ‘‘(a) NATIONAL COMMITTEES.— the non-Federal share of a State, district, or of the Federal Election Campaign Act of 1971 ‘‘(1) IN GENERAL.—A national committee of local party committee’s administrative and a political party (including a national con- overhead expenses; and (2 U.S.C. 434) (as amended by section 203) is gressional campaign committee of a political ‘‘(vi) the cost of constructing or purchas- amended by inserting after subsection (d) the party) and any officers or agents of such ing an office facility or equipment for a following: ‘‘(e) POLITICAL COMMITTEES.— party committees, shall not solicit, receive, State, district or local committee. ‘‘(1) NATIONAL AND CONGRESSIONAL POLITI- or direct to another person a contribution, ‘‘(c) FUNDRAISING COSTS.—An amount spent CAL COMMITTEES.—The national committee of donation, or transfer of funds, or spend any by a national, State, district, or local com- a political party, any national congressional funds, that are not subject to the limita- mittee of a political party, by an entity that campaign committee of a political party, tions, prohibitions, and reporting require- is established, financed, maintained, or con- and any subordinate committee of either, ments of this Act. trolled by a national, State, district, or local shall report all receipts and disbursements ‘‘(2) APPLICABILITY.—This subsection shall committee of a political party, or by an during the reporting period. apply to an entity that is directly or indi- agent or officer of any such committee or en- ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH rectly established, financed, maintained, or tity, to raise funds that are used, in whole or SECTION 323 APPLIES.—A political committee controlled by a national committee of a po- in part, to pay the costs of a Federal election (not described in paragraph (1)) to which sec- litical party (including a national congres- activity shall be made from funds subject to tion 323(b)(1) applies shall report all receipts sional campaign committee of a political the limitations, prohibitions, and reporting and disbursements made for activities de- party), or an entity acting on behalf of a na- requirements of this Act. ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- scribed in paragraphs (2)(A) and (3)(B)(v) of tional committee, and an officer or agent tional, State, district, or local committee of section 323(b). acting on behalf of any such committee or a political party (including a national con- ‘‘(3) ITEMIZATION.—If a political committee entity. gressional campaign committee of a political has receipts or disbursements to which this ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- party, an entity that is directly or indirectly subsection applies from any person aggregat- TEES.— established, financed, maintained, or con- ing in excess of $200 for any calendar year, ‘‘(1) IN GENERAL.—An amount that is ex- trolled by any such national, State, district, the political committee shall separately pended or disbursed by a State, district, or or local committee or its agent, an agent local committee of a political party (includ- itemize its reporting for such person in the acting on behalf of any such party commit- same manner as required in paragraphs ing an entity that is directly or indirectly tee, and an officer or agent acting on behalf established, financed, maintained, or con- (3)(A), (5), and (6) of subsection (b). of any such party committee or entity), shall ‘‘(4) REPORTING PERIODS.—Reports required trolled by a State, district, or local commit- not solicit any funds for, or make or direct tee of a political party and an officer or to be filed under this subsection shall be any donations to, an organization that is de- filed for the same time periods required for agent acting on behalf of such committee or scribed in section 501(c) of the Internal Reve- entity) for Federal election activity shall be political committees under subsection (a).’’. nue Code of 1986 and exempt from taxation (b) BUILDING FUND EXCEPTION TO THE DEFI- made from funds subject to the limitations, under section 501(a) of such Code (or has sub- NITION OF CONTRIBUTION.—Section 301(8)(B) of prohibitions, and reporting requirements of mitted an application to the Commissioner the Federal Election Campaign Act of 1971 (2 this Act. of the Internal Revenue Service for deter- U.S.C. 431(8)(B)) is amended— ‘‘(2) FEDERAL ELECTION ACTIVITY.— mination of tax-exemption under such sec- (1) by striking clause (viii); and ‘‘(A) IN GENERAL.—The term ‘Federal elec- tion). (2) by redesignating clauses (ix) through tion activity’ means— ‘‘(e) CANDIDATES.— (xiv) as clauses (viii) through (xiii), respec- ‘‘(i) voter registration activity during the ‘‘(1) IN GENERAL.—A candidate, individual tively. period that begins on the date that is 120 holding Federal office, or agent of a can- days before the date a regularly scheduled didate or individual holding Federal office TITLE II—INDEPENDENT AND Federal election is held and ends on the date shall not solicit, receive, direct, transfer, or COORDINATED EXPENDITURES of the election; spend funds for a Federal election activity SEC. 201. DEFINITIONS. ‘‘(ii) voter identification, get-out-the-vote on behalf of such candidate, individual, (a) DEFINITION OF INDEPENDENT EXPENDI- activity, or generic campaign activity con- agent or any other person, unless the funds TURE.—Section 301 of the Federal Election ducted in connection with an election in are subject to the limitations, prohibitions, Campaign Act (2 U.S.C. 431) is amended by which a candidate for Federal office appears and reporting requirements of this Act. striking paragraph (17) and inserting the fol- on the ballot (regardless of whether a can- ‘‘(2) STATE LAW.—Paragraph (1) does not lowing: didate for State or local office also appears apply to the solicitation or receipt of funds ‘‘(17) INDEPENDENT EXPENDITURE.— on the ballot); and by an individual who is a candidate for a ‘‘(A) IN GENERAL.—The term ‘independent ‘‘(iii) a communication that refers to a State or local office if the solicitation or re- expenditure’ means an expenditure by a per- clearly identified candidate for Federal of- ceipt of funds is permitted under State law son— fice (regardless of whether a candidate for for any activity other than a Federal elec- ‘‘(i) for a communication that is express State or local office is also mentioned or tion activity. advocacy; and May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3341 ‘‘(ii) that is not provided in coordination there is probable cause to believe that a per- shall not make both expenditures under this with a candidate or a candidate’s agent or a son has made a knowing and willful violation subsection and independent expenditures (as person who is coordinating with a candidate of section 304(c), the Commission shall not defined in section 301(17)) with respect to the or a candidate’s agent.’’. enter into a conciliation agreement under candidate during the election cycle. (b) DEFINITION OF EXPRESS ADVOCACY.— this paragraph and may institute a civil ac- ‘‘(B) CERTIFICATION.—Before making a co- Section 301 of the Federal Election Cam- tion for relief under paragraph (6)(A).’’; and ordinated expenditure under this subsection paign Act of 1971 (2 U.S.C. 431) is amended by (B) in paragraph (6)(B), by inserting ‘‘(ex- with respect to a candidate, a committee of adding at the end the following: cept an action instituted in connection with a political party shall file with the Commis- ‘‘(20) EXPRESS ADVOCACY.— a knowing and willful violation of section sion a certification, signed by the treasurer ‘‘(A) IN GENERAL.—The term ‘express advo- 304(c))’’ after ‘‘subparagraph (A)’’; and of the committee, that the committee has cacy’ means a communication that advo- (2) in subsection (d)(1)— not and shall not make any independent ex- cates the election or defeat of a candidate (A) in subparagraph (A), by striking ‘‘Any penditure with respect to the candidate dur- by— person’’ and inserting ‘‘Except as provided in ing the same election cycle. ‘‘(i) containing a phrase such as ‘vote for’, subparagraph (D), any person’’; and ‘‘(C) APPLICATION.—For the purposes of ‘re-elect’, ‘support’, ‘cast your ballot for’, (B) by adding at the end the following: this paragraph, all political committees es- ‘(name of candidate) for Congress’, ‘(name of ‘‘(D) In the case of a knowing and willful tablished and maintained by a national po- candidate) in 1997’, ‘vote against’, ‘defeat’, violation of section 304(c) that involves the litical party (including all congressional ‘reject’, or a campaign slogan or words that reporting of an independent expenditure, the campaign committees) and all political com- in context can have no reasonable meaning violation shall not be subject to this sub- mittees established and maintained by a other than to advocate the election or defeat section.’’. State political party (including any subordi- nate committee of a State committee) shall of 1 or more clearly identified candidates; SEC. 203. REPORTING REQUIREMENTS FOR CER- ‘‘(ii) referring to 1 or more clearly identi- TAIN INDEPENDENT EXPENDITURES. be considered to be a single political com- fied candidates in a paid advertisement that Section 304 of the Federal Election Cam- mittee. is transmitted through radio or television paign Act of 1971 (2 U.S.C. 434) is amended— ‘‘(D) TRANSFERS.—A committee of a politi- within 60 calendar days preceding the date of (1) in subsection (c)(2), by striking the un- cal party that submits a certification under subparagraph (B) with respect to a candidate an election of the candidate and that appears designated matter after subparagraph (C); shall not, during an election cycle, transfer in the State in which the election is occur- (2) by redesignating paragraph (3) of sub- any funds to, assign authority to make co- ring, except that with respect to a candidate section (c) as subsection (f); and ordinated expenditures under this subsection for the office of Vice President or President, (3) by inserting after subsection (c)(2) (as to, or receive a transfer of funds from, a the time period is within 60 calendar days amended by paragraph (1)) the following: committee of the political party that has preceding the date of a general election; or ‘‘(d) TIME FOR REPORTING CERTAIN EXPEND- made or intends to make an independent ex- ‘‘(iii) expressing unmistakable and unam- ITURES.— penditure with respect to the candidate.’’. biguous support for or opposition to 1 or ‘‘(1) EXPENDITURES AGGREGATING $1,000.— SEC. 205. COORDINATION WITH CANDIDATES. more clearly identified candidates when ‘‘(A) INITIAL REPORT.—A person (including (a) DEFINITION OF COORDINATION WITH CAN- taken as a whole and with limited reference a political committee) that makes or con- DIDATES.— to external events, such as proximity to an tracts to make independent expenditures ag- (1) SECTION 301(8).—Section 301(8) of the Fed- election. gregating $1,000 or more after the 20th day, eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(B) VOTING RECORD AND VOTING GUIDE EX- but more than 24 hours, before the date of an 431(8)) is amended— CEPTION.—The term ‘express advocacy’ does election shall file a report describing the ex- not include a printed communication that— (A) in subparagraph (A)— penditures within 24 hours after that amount (i) by striking ‘‘or’’ at the end of clause (i); ‘‘(i) presents information in an educational of independent expenditures has been made. (ii) by striking the period at the end of manner solely about the voting record or po- ‘‘(B) ADDITIONAL REPORTS.—After a person clause (ii) and inserting ‘‘; or’’; and sition on a campaign issue of 2 or more can- files a report under subparagraph (A), the (iii) by adding at the end the following: didates; person shall file an additional report within ‘‘(iii) anything of value provided by a per- ‘‘(ii) that is not made in coordination with 24 hours after each time the person makes or son in coordination with a candidate for the a candidate, political party, or agent of the contracts to make independent expenditures purpose of influencing a Federal election, re- candidate or party; or a candidate’s agent or aggregating an additional $1,000 with respect gardless of whether the value being provided a person who is coordinating with a can- to the same election as that to which the ini- is a communication that is express advocacy, didate or a candidate’s agent; tial report relates. in which such candidate seeks nomination or ‘‘(iii) does not contain a phrase such as ‘‘(2) EXPENDITURES AGGREGATING $10,000.— election to Federal office.’’; and ‘vote for’, ‘re-elect’, ‘support’, ‘cast your bal- ‘‘(A) INITIAL REPORT.—A person (including (B) by adding at the end the following: lot for’, ‘(name of candidate) for Congress’, a political committee) that makes or con- ‘‘(C) The term ‘provided in coordination ‘(name of candidate) in 1997’, ‘vote against’, tracts to make independent expenditures ag- with a candidate’ includes— ‘defeat’, or ‘reject’, or a campaign slogan or gregating $10,000 or more at any time up to ‘‘(i) a payment made by a person in co- words that in context can have no reasonable and including the 20th day before the date of operation, consultation, or concert with, at meaning other than to urge the election or an election shall file a report describing the the request or suggestion of, or pursuant to defeat of 1 or more clearly identified can- expenditures within 48 hours after that any general or particular understanding with didates.’’. amount of independent expenditures has a candidate, the candidate’s authorized com- (c) DEFINITION OF EXPENDITURE.—Section been made. mittee, or an agent acting on behalf of a can- 301(9)(A) of the Federal Election Campaign ‘‘(B) ADDITIONAL REPORTS.—After a person didate or authorized committee; Act of 1971 (2 U.S.C. 431(9)(A)) is amended— files a report under subparagraph (A), the ‘‘(ii) a payment made by a person for the (1) in clause (i), by striking ‘‘and’’ at the person shall file an additional report within production, dissemination, distribution, or end; 48 hours after each time the person makes or republication, in whole or in part, of any (2) in clause (ii), by striking the period at contracts to make independent expenditures broadcast or any written, graphic, or other the end and inserting ‘‘; and’’; and aggregating an additional $10,000 with re- form of campaign material prepared by a (3) by adding at the end the following: spect to the same election as that to which candidate, a candidate’s authorized commit- ‘‘(iii) a payment for a communication that the initial report relates. tee, or an agent of a candidate or authorized is express advocacy; and ‘‘(3) PLACE OF FILING; CONTENTS.—A report committee (not including a communication ‘‘(iv) a payment made by a person for a under this subsection— described in paragraph (9)(B)(i) or a commu- communication that— ‘‘(A) shall be filed with the Commission; nication that expressly advocates the can- ‘‘(I) refers to a clearly identified candidate; and didate’s defeat); ‘‘(II) is provided in coordination with the ‘‘(B) shall contain the information required ‘‘(iii) a payment made by a person based on candidate, the candidate’s agent, or the po- by subsection (b)(6)(B)(iii), including the information about a candidate’s plans, litical party of the candidate; and name of each candidate whom an expendi- projects, or needs provided to the person ‘‘(III) is for the purpose of influencing a ture is intended to support or oppose.’’. making the payment by the candidate or the Federal election (regardless of whether the SEC. 204. INDEPENDENT VERSUS COORDINATED candidate’s agent who provides the informa- communication is express advocacy).’’. EXPENDITURES BY PARTY. tion with the intent that the payment be SEC. 202. CIVIL PENALTY. Section 315(d) of the Federal Election Cam- made; Section 309 of the Federal Election Cam- paign Act (2 U.S.C. 441a(d)) is amended— ‘‘(iv) a payment made by a person if, in the paign Act of 1971 (2 U.S.C. 437g) is amended— (1) in paragraph (1), by striking ‘‘and (3)’’ same election cycle in which the payment is (1) in subsection (a)— and inserting ‘‘, (3), and (4)’’; and made, the person making the payment is (A) in paragraph (4)(A)— (2) by adding at the end the following: serving or has served as a member, em- (i) in clause (i), by striking ‘‘clause (ii)’’ ‘‘(4) INDEPENDENT VERSUS COORDINATED EX- ployee, fundraiser, or agent of the can- and inserting ‘‘clauses (ii) and (iii)’’; and PENDITURES BY PARTY.— didate’s authorized committee in an execu- (ii) by adding at the end the following: ‘‘(A) IN GENERAL.—On or after the date on tive or policymaking position; ‘‘(iii) If the Commission determines by an which a political party nominates a can- ‘‘(v) a payment made by a person if the affirmative vote of 4 of its members that didate, a committee of the political party person making the payment has served in H3342 CONGRESSIONAL RECORD — HOUSE May 14, 1998 any formal policy making or advisory posi- ‘‘(i) is required to maintain and file a des- makes contributions aggregating at least $50 tion with the candidate’s campaign or has ignation, statement, or report for any cal- but not more than $200 during the calendar participated in formal strategic or formal endar year in electronic form accessible by year, the identification need include only policymaking discussions with the can- computers if the person has, or has reason to the name and address of the person;’’. didate’s campaign relating to the candidate’s expect to have, aggregate contributions or SEC. 305. USE OF CANDIDATES’ NAMES. pursuit of nomination for election, or elec- expenditures in excess of a threshold amount Section 302(e) of the Federal Election Cam- tion, to Federal office, in the same election determined by the Commission; and paign Act of 1971 (2 U.S.C. 432(e)) is amended cycle as the election cycle in which the pay- ‘‘(ii) may maintain and file a designation, by striking paragraph (4) and inserting the ment is made; statement, or report in electronic form or an following: ‘‘(vi) a payment made by a person if, in the alternative form, including the use of a fac- ‘‘(4)(A) The name of each authorized com- same election cycle, the person making the simile machine, if not required to do so mittee shall include the name of the can- payment retains the professional services of under the regulation promulgated under didate who authorized the committee under any person that has provided or is providing clause (i). paragraph (1). campaign-related services in the same elec- ‘‘(B) The Commission shall make a des- ‘‘(B) A political committee that is not an tion cycle to a candidate in connection with ignation, statement, report, or notification authorized committee shall not— the candidate’s pursuit of nomination for that is filed electronically with the Commis- ‘‘(i) include the name of any candidate in election, or election, to Federal office, in- sion accessible to the public on the Internet its name; or cluding services relating to the candidate’s not later than 24 hours after the designation, ‘‘(ii) except in the case of a national, State, decision to seek Federal office, and the per- statement, report, or notification is received or local party committee, use the name of son retained is retained to work on activities by the Commission. any candidate in any activity on behalf of relating to that candidate’s campaign; ‘‘(C) In promulgating a regulation under the committee in such a context as to sug- ‘‘(vii) a payment made by a person who has this paragraph, the Commission shall pro- gest that the committee is an authorized engaged in a coordinated activity with a can- vide methods (other than requiring a signa- committee of the candidate or that the use didate described in clauses (i) through (vi) ture on the document being filed) for verify- of the candidate’s name has been authorized for a communication that clearly refers to ing designations, statements, and reports by the candidate.’’. the candidate and is for the purpose of influ- covered by the regulation. Any document encing an election (regardless of whether the SEC. 306. PROHIBITION OF FALSE REPRESENTA- verified under any of the methods shall be TION TO SOLICIT CONTRIBUTIONS. communication is express advocacy); treated for all purposes (including penalties ‘‘(viii) direct participation by a person in Section 322 of the Federal Election Cam- for perjury) in the same manner as a docu- paign Act of 1971 (2 U.S.C. 441h) is amended— fundraising activities with the candidate or ment verified by signature.’’. in the solicitation or receipt of contributions (1) by inserting after ‘‘SEC. 322.’’ the fol- on behalf of the candidate; SEC. 302. PROHIBITION OF DEPOSIT OF CON- lowing: ‘‘(a) IN GENERAL.—’’; and TRIBUTIONS WITH INCOMPLETE ‘‘(ix) communication by a person with the (2) by adding at the end the following: CONTRIBUTOR INFORMATION. ‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No candidate or an agent of the candidate, oc- Section 302 of Federal Election Campaign curring after the declaration of candidacy person shall solicit contributions by falsely Act of 1971 (2 U.S.C. 432) is amended by add- representing himself or herself as a can- (including a pollster, media consultant, ven- ing at the end the following: dor, advisor, or staff member), acting on be- didate or as a representative of a candidate, ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- a political committee, or a political party.’’. half of the candidate, about advertising mes- urer of a candidate’s authorized committee SEC. 307. SOFT MONEY OF PERSONS OTHER THAN sage, allocation of resources, fundraising, or shall not deposit, except in an escrow ac- other campaign matters related to the can- POLITICAL PARTIES. count, or otherwise negotiate a contribution (a) IN GENERAL.—Section 304 of the Federal didate’s campaign, including campaign oper- from a person who makes an aggregate ations, staffing, tactics, or strategy; or Election Campaign Act of 1971 (2 U.S.C. 434) amount of contributions in excess of $200 ‘‘(x) the provision of in-kind professional (as amended by section 103(c) and section 203) during a calendar year unless the treasurer services or polling data to the candidate or is amended by adding at the end the follow- verifies that the information required by candidate’s agent. ing: this section with respect to the contributor ‘‘(D) For purposes of subparagraph (C), the ‘‘(g) DISBURSEMENTS OF PERSONS OTHER is complete.’’. term ‘professional services’ includes services THAN POLITICAL PARTIES.— in support of a candidate’s pursuit of nomi- SEC. 303. AUDITS. ‘‘(1) IN GENERAL.—A person, other than a nation for election, or election, to Federal (a) RANDOM AUDITS.—Section 311(b) of the political committee or a person described in office such as polling, media advice, direct Federal Election Campaign Act of 1971 (2 section 501(d) of the Internal Revenue Code mail, fundraising, or campaign research. U.S.C. 438(b)) is amended— of 1986, that makes an aggregate amount of ‘‘(E) For purposes of subparagraph (C), all (1) by inserting ‘‘(1) IN GENERAL.—’’ before disbursements in excess of $50,000 during a political committees established and main- ‘‘The Commission’’; and calendar year for activities described in tained by a national political party (includ- (2) by adding at the end the following: paragraph (2) shall file a statement with the ing all congressional campaign committees) ‘‘(2) RANDOM AUDITS.— Commission— and all political committees established and ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(A) on a monthly basis as described in maintained by a State political party (in- graph (1), the Commission may conduct ran- subsection (a)(4)(B); or cluding any subordinate committee of a dom audits and investigations to ensure vol- ‘‘(B) in the case of disbursements that are State committee) shall be considered to be a untary compliance with this Act. The selec- made within 20 days of an election, within 24 single political committee.’’. tion of any candidate for a random audit or hours after the disbursements are made. (2) SECTION 315(a)(7).—Section 315(a)(7) (2 investigation shall be based on criteria ‘‘(2) ACTIVITY.—The activity described in U.S.C. 441a(a)(7)) is amended by striking sub- adopted by a vote of at least 4 members of this paragraph is— paragraph (B) and inserting the following: the Commission. ‘‘(A) Federal election activity; ‘‘(B) a thing of value provided in coordina- ‘‘(B) LIMITATION.—The Commission shall ‘‘(B) an activity described in section tion with a candidate, as described in section not conduct an audit or investigation of a 316(b)(2)(A) that expresses support for or op- 301(8)(A)(iii), shall be considered to be a con- candidate’s authorized committee under sub- position to a candidate for Federal office or tribution to the candidate, and in the case of paragraph (A) until the candidate is no a political party; and a limitation on expenditures, shall be treat- longer a candidate for the office sought by ‘‘(C) an activity described in subparagraph ed as an expenditure by the candidate. the candidate in an election cycle. (C) of section 316(b)(2). (b) MEANING OF CONTRIBUTION OR EXPENDI- ‘‘(C) APPLICABILITY.—This paragraph does ‘‘(3) APPLICABILITY.—This subsection does TURE FOR THE PURPOSES OF SECTION 316.— not apply to an authorized committee of a not apply to— Section 316(b)(2) of the Federal Election candidate for President or Vice President ‘‘(A) a candidate or a candidate’s author- Campaign Act of 1971 (2 U.S.C. 441b(b)) is subject to audit under section 9007 or 9038 of ized committees; or amended by striking ‘‘shall include’’ and in- the Internal Revenue Code of 1986.’’. ‘‘(B) an independent expenditure. serting ‘‘includes a contribution or expendi- (b) EXTENSION OF PERIOD DURING WHICH ‘‘(4) CONTENTS.—A statement under this ture, as those terms are defined in section CAMPAIGN AUDITS MAY BE BEGUN.—Section section shall contain such information about 301, and also includes’’. 311(b) of the Federal Election Campaign Act the disbursements made during the reporting TITLE III—DISCLOSURE of 1971 (2 U.S.C. 438(b)) is amended by strik- period as the Commission shall prescribe, in- SEC. 301. FILING OF REPORTS USING COMPUT- ing ‘‘6 months’’ and inserting ‘‘12 months’’. cluding— ERS AND FACSIMILE MACHINES. SEC. 304. REPORTING REQUIREMENTS FOR CON- ‘‘(A) the aggregate amount of disburse- Section 302(a) of the Federal Election Cam- TRIBUTIONS OF $50 OR MORE. ments made; paign Act of 1971 (2 U.S.C. 434(a)) is amended Section 304(b)(3)(A) of the Federal Election ‘‘(B) the name and address of the person or by striking paragraph (11) and inserting the Campaign Act at 1971 (2 U.S.C. 434(b)(3)(A) is entity to whom a disbursement is made in an following: amended— aggregate amount in excess of $200; ‘‘(11)(A) The Commission shall promulgate (1) by striking ‘‘$200’’ and inserting ‘‘$50’’; ‘‘(C) the date made, amount, and purpose a regulation under which a person required and of the disbursement; and to file a designation, statement, or report (2) by striking the semicolon and inserting ‘‘(D) if applicable, whether the disburse- under this Act— ‘‘, except that in the case of a person who ment was in support of, or in opposition to, May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3343 a candidate or a political party, and the ‘‘SEC. 324. VOLUNTARY PERSONAL FUNDS EX- ject to examination and audit by the Com- name of the candidate or the political PENDITURE LIMIT. mission and to judicial review. ‘‘(a) ELIGIBLE CONGRESSIONAL CANDIDATE.— party.’’. ‘‘(d) PENALTY.—If the Commission revokes ‘‘(1) PRIMARY ELECTION.— (b) DEFINITION OF GENERIC CAMPAIGN AC- the certification of an eligible Congressional ‘‘(A) DECLARATION.—A candidate for elec- TIVITY.—Section 301 of the Federal Election candidate— tion for Senator or Representative in or Del- Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as ‘‘(1) the Commission shall notify the can- egate or Resident Commissioner to the Con- amended by section 201(b)) is further amend- didate of the revocation; and gress is an eligible primary election Congres- ed by adding at the end the following: ‘‘(2) the candidate and a candidate’s au- ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The sional candidate if the candidate files with thorized committees shall pay to the Com- term ‘generic campaign activity’ means an the Commission a declaration that the can- mission an amount equal to the amount of activity that promotes a political party and didate and the candidate’s authorized com- expenditures made by a national committee does not promote a candidate or non-Federal mittees will not make expenditures in excess of a political party or a State committee of candidate.’’. of the personal funds expenditure limit. a political party in connection with the gen- ‘‘(B) TIME TO FILE.—The declaration under SEC. 308. CAMPAIGN ADVERTISING. eral election campaign of the candidate Section 318 of the Federal Election Cam- subparagraph (A) shall be filed not later than under section 315(d).’’. paign Act of 1971 (2 U.S.C. 441d) is amended— the date on which the candidate files with (1) in subsection (a)— the appropriate State officer as a candidate SEC. 402. POLITICAL PARTY COMMITTEE COORDI- (A) in the matter preceding paragraph (1)— for the primary election. NATED EXPENDITURES. (i) by striking ‘‘Whenever’’ and inserting ‘‘(2) GENERAL ELECTION.— Section 315(d) of the Federal Election Cam- ‘‘Whenever a political committee makes a ‘‘(A) DECLARATION.—A candidate for elec- paign Act of 1971 (2 U.S.C. 441a(d)) (as amend- disbursement for the purpose of financing tion for Senator or Representative in or Del- ed by section 204) is amended by adding at any communication through any broadcast- egate or Resident Commissioner to the Con- the end the following: ing station, newspaper, magazine, outdoor gress is an eligible general election Congres- ‘‘(5) This subsection does not apply to ex- advertising facility, mailing, or any other sional candidate if the candidate files with penditures made in connection with the gen- type of general public political advertising, the Commission— eral election campaign of a candidate for or whenever’’; ‘‘(i) a declaration under penalty of perjury, Senator or Representative in or Delegate or (ii) by striking ‘‘an expenditure’’ and in- with supporting documentation as required Resident Commissioner to the Congress who serting ‘‘a disbursement’’; and by the Commission, that the candidate and is not an eligible Congressional candidate (as (iii) by striking ‘‘direct’’; and the candidate’s authorized committees did defined in section 324(a)).’’. (B) in paragraph (3), by inserting ‘‘and per- not exceed the personal funds expenditure manent street address’’ after ‘‘name’’; and limit in connection with the primary elec- TITLE V—MISCELLANEOUS (2) by adding at the end the following: tion; and SEC. 501. CODIFICATION OF BECK DECISION. ‘‘(ii) a declaration that the candidate and ‘‘(c) Any printed communication described Section 8 of the National Labor Relations in subsection (a) shall— the candidate’s authorized committees will not make expenditures in excess of the per- Act (29 U.S.C. 158) is amended by adding at ‘‘(1) be of sufficient type size to be clearly the end the following new subsection: readable by the recipient of the communica- sonal funds expenditure limit. tion; ‘‘(B) TIME TO FILE.—The declaration under ‘‘(h) NONUNION MEMBER PAYMENTS TO ‘‘(2) be contained in a printed box set apart subparagraph (A) shall be filed not later than LABOR ORGANIZATION.— from the other contents of the communica- 7 days after the earlier of— ‘‘(1) IN GENERAL.—It shall be an unfair tion; and ‘‘(i) the date on which the candidate quali- labor practice for any labor organization ‘‘(3) be printed with a reasonable degree of fies for the general election ballot under which receives a payment from an employee color contrast between the background and State law; or pursuant to an agreement that requires em- the printed statement. ‘‘(ii) if under State law, a primary or run- ployees who are not members of the organi- ‘‘(d)(1) Any communication described in off election to qualify for the general elec- zation to make payments to such organiza- paragraphs (1) or (2) of subsection (a) which tion ballot occurs after September 1, the tion in lieu of organization dues or fees not is transmitted through radio or television date on which the candidate wins the pri- to establish and implement the objection shall include, in addition to the require- mary or runoff election. procedure described in paragraph (2). ments of that paragraph, an audio statement ‘‘(b) PERSONAL FUNDS EXPENDITURE ‘‘(2) OBJECTION PROCEDURE.—The objection by the candidate that identifies the can- LIMIT.— procedure required under paragraph (1) shall didate and states that the candidate has ap- ‘‘(1) IN GENERAL.—The aggregate amount of meet the following requirements: proved the communication. expenditures that may be made in connec- ‘‘(A) The labor organization shall annually ‘‘(2) If a communication described in para- tion with an election by an eligible Congres- provide to employees who are covered by graph (1) is transmitted through television, sional candidate or the candidate’s author- such agreement but are not members of the the communication shall include, in addition ized committees from the sources described organization— to the audio statement under paragraph (1), in paragraph (2) shall not exceed $50,000. ‘‘(i) reasonable personal notice of the ob- a written statement that— ‘‘(2) SOURCES.—A source is described in this jection procedure, the employees eligible to ‘‘(A) appears at the end of the communica- paragraph if the source is— invoke the procedure, and the time, place, tion in a clearly readable manner with a rea- ‘‘(A) personal funds of the candidate and and manner for filing an objection; and sonable degree of color contrast between the members of the candidate’s immediate fam- ‘‘(ii) reasonable opportunity to file an ob- background and the printed statement, for a ily; or jection to paying for organization expendi- period of at least 4 seconds; and ‘‘(B) proceeds of indebtedness incurred by tures supporting political activities unre- ‘‘(B) is accompanied by a clearly identifi- the candidate or a member of the candidate’s lated to collective bargaining, including but able photographic or similar image of the immediate family. not limited to the opportunity to file such candidate. ‘‘(c) CERTIFICATION BY THE COMMISSION.— objection by mail. ‘‘(e) Any communication described in para- ‘‘(1) IN GENERAL.—The Commission shall ‘‘(B) If an employee who is not a member of graph (3) of subsection (a) which is transmit- determine whether a candidate has met the the labor organization files an objection ted through radio or television shall include, requirements of this section and, based on under the procedure in subparagraph (A), in addition to the requirements of that para- the determination, issue a certification stat- such organization shall— graph, in a clearly spoken manner, the fol- ing whether the candidate is an eligible Con- ‘‘(i) reduce the payments in lieu of organi- lowing statement: ‘llllllll is respon- gressional candidate. zation dues or fees by such employee by an sible for the content of this advertisement.’ ‘‘(2) TIME FOR CERTIFICATION.—Not later amount which reasonably reflects the ratio (with the blank to be filled in with the name than 7 business days after a candidate files a that the organization’s expenditures sup- of the political committee or other person declaration under paragraph (1) or (2) of sub- porting political activities unrelated to col- paying for the communication and the name section (a), the Commission shall certify lective bargaining bears to such organiza- of any connected organization of the payor). whether the candidate is an eligible Congres- tion’s total expenditures; If transmitted through television, the state- sional candidate. ‘‘(ii) provide such employee with a reason- ment shall also appear in a clearly readable ‘‘(3) REVOCATION.—The Commission shall able explanation of the organization’s cal- manner with a reasonable degree of color revoke a certification under paragraph (1), culation of such reduction, including cal- contrast between the background and the based on information submitted in such form culating the amount of organization expendi- printed statement, for a period of at least 4 and manner as the Commission may require tures supporting political activities unre- seconds.’’. or on information that comes to the Com- lated to collective bargaining. TITLE IV—PERSONAL WEALTH OPTION mission by other means, if the Commission ‘‘(3) DEFINITION.—In this subsection, the SEC. 401. VOLUNTARY PERSONAL FUNDS EX- determines that a candidate violates the per- term ‘expenditures supporting political ac- PENDITURE LIMIT. sonal funds expenditure limit. tivities unrelated to collective bargaining’ Title III of the Federal Election Campaign ‘‘(4) DETERMINATIONS BY COMMISSION.—A means expenditures in connection with a Act of 1971 (2 U.S.C. 431 et seq.) (as amended determination made by the Commission Federal, State, or local election or in con- by section 101) is amended by adding at the under this subsection shall be final, except nection with efforts to influence legislation end the following: to the extent that the determination is sub- unrelated to collective bargaining.’’. H3344 CONGRESSIONAL RECORD — HOUSE May 14, 1998 SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR President, and Members of Congress, shall (3) in paragraph (6)(A), by striking ‘‘para- CERTAIN PURPOSES. not solicit a donation of money or other graph (4)(A)’’ and inserting ‘‘paragraph (4)(A) Title III of the Federal Election Campaign thing of value for a political committee or or (13)’’. Act of 1971 (2 U.S.C. 431 et seq.) is amended candidate for Federal, State or local office, SEC. 506. STRENGTHENING FOREIGN MONEY by striking section 313 and inserting the fol- while in any room or building occupied in BAN. lowing: the discharge of official duties by an officer Section 319 of the Federal Election Cam- ‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR or employee of the United States, from any paign Act of 1971 (2 U.S.C. 441e) is amended— CERTAIN PURPOSES. person. (1) by striking the heading and inserting ‘‘(a) PERMITTED USES.—A contribution ac- ‘‘(2) PENALTY.—A person who violates this the following: ‘‘CONTRIBUTIONS AND DONA- cepted by a candidate, and any other amount section shall be fined not more than $5,000, TIONS BY FOREIGN NATIONALS’’; and received by an individual as support for ac- imprisoned more than 3 years, or both.’’; and (2) by striking subsection (a) and inserting tivities of the individual as a holder of Fed- (2) by inserting in subsection (b) after the following: eral office, may be used by the candidate or ‘‘Congress’’ ‘‘or Executive Office of the ‘‘(a) PROHIBITION.—It shall be unlawful individual— President’’. for— ‘‘(1) for expenditures in connection with SEC. 505. PENALTIES FOR KNOWING AND WILL- ‘‘(1) a foreign national, directly or indi- the campaign for Federal office of the can- FUL VIOLATIONS. rectly, to make— didate or individual; (a) INCREASED PENALTIES.—Section 309(a) ‘‘(A) a donation of money or other thing of ‘‘(2) for ordinary and necessary expenses of the Federal Election Campaign Act of 1971 value, or to promise expressly or impliedly incurred in connection with duties of the in- (2 U.S.C. 437g(a)) is amended— to make a donation, in connection with a dividual as a holder of Federal office; (1) in paragraphs (5)(A), (6)(A), and (6)(B), Federal, State, or local election to a politi- ‘‘(3) for contributions to an organization by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; cal committee or a candidate for Federal of- described in section 170(c) of the Internal and fice, or Revenue Code of 1986; or (2) in paragraphs (5)(B) and (6)(C), by strik- ‘‘(B) a contribution or donation to a com- ‘‘(4) for transfers to a national, State, or ing ‘‘$10,000 or an amount equal to 200 per- mittee of a political party; or local committee of a political party. cent’’ and inserting ‘‘$20,000 or an amount ‘‘(2) a person to solicit, accept, or receive a ‘‘(b) PROHIBITED USE.— equal to 300 percent’’. contribution or donation described in para- ‘‘(1) IN GENERAL.—A contribution or (b) EQUITABLE REMEDIES.—Section graph (1)(A) from a foreign national.’’. 309(a)(5)(A) of the Federal Election Campaign amount described in subsection (a) shall not SEC. 507. PROHIBITION OF CONTRIBUTIONS BY be converted by any person to personal use. Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by MINORS. striking the period at the end and inserting ‘‘(2) CONVERSION.—For the purposes of Title III of the Federal Election Campaign ‘‘, and may include equitable remedies or paragraph (1), a contribution or amount Act of 1971 (2 U.S.C. 431 et seq.) (as amended penalties, including disgorgement of funds to shall be considered to be converted to per- by sections 101 and 401) is amended by adding the Treasury or community service require- sonal use if the contribution or amount is at the end the following: ments (including requirements to participate used to fulfill any commitment, obligation, in public education programs).’’. ‘‘SEC. 325. PROHIBITION OF CONTRIBUTIONS BY or expense of a person that would exist irre- (c) AUTOMATIC PENALTY FOR LATE FILING.— MINORS. spective of the candidate’s election cam- Section 309(a) of the Federal Election Cam- An individual who is 17 years old or young- paign or individual’s duties as a holder of paign Act of 1971 (2 U.S.C. 437g(a)) is amend- er shall not make a contribution to a can- Federal officeholder, including— ed— didate or a contribution or donation to a ‘‘(A) a home mortgage, rent, or utility pay- (1) by adding at the end the following: committee of a political party.’’. ment; ‘‘(13) PENALTY FOR LATE FILING.— SEC. 508. EXPEDITED PROCEDURES. ‘‘(B) a clothing purchase; ‘‘(A) IN GENERAL.— (a) IN GENERAL.—Section 309(a) of the Fed- ‘‘(C) a noncampaign-related automobile ex- ‘‘(i) MONETARY PENALTIES.—The Commis- eral Election Campaign Act of 1971 (2 U.S.C. pense; sion shall establish a schedule of mandatory 437g(a)) (as amended by section 505(c)) is ‘‘(D) a country club membership; monetary penalties that shall be imposed by amended by adding at the end the following: ‘‘(E) a vacation or other noncampaign-re- the Commission for failure to meet a time ‘‘(14)(A) If the complaint in a proceeding lated trip; requirement for filing under section 304. was filed within 60 days preceding the date of ‘‘(F) a household food item; ‘‘(ii) REQUIRED FILING.—In addition to im- a general election, the Commission may take ‘‘(G) a tuition payment; posing a penalty, the Commission may re- action described in this subparagraph. ‘‘(H) admission to a sporting event, con- quire a report that has not been filed within ‘‘(B) If the Commission determines, on the cert, theater, or other form of entertainment the time requirements of section 304 to be basis of facts alleged in the complaint and not associated with an election campaign; filed by a specific date. other facts available to the Commission, and ‘‘(iii) PROCEDURE.—A penalty or filing re- that there is clear and convincing evidence ‘‘(I) dues, fees, and other payments to a quirement imposed under this paragraph that a violation of this Act has occurred, is health club or recreational facility.’’. shall not be subject to paragraph (1), (2), (3), occurring, or is about to occur, the Commis- SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE (4), (5), or (12). sion may order expedited proceedings, short- FRANKING PRIVILEGE. ‘‘(B) FILING AN EXCEPTION.— ening the time periods for proceedings under Section 3210(a)(6) of title 39, United States ‘‘(i) TIME TO FILE.—A political committee paragraphs (1), (2), (3), and (4) as necessary to Code, is amended by striking subparagraph shall have 30 days after the imposition of a allow the matter to be resolved in sufficient (A) and inserting the following: penalty or filing requirement by the Com- time before the election to avoid harm or ‘‘(A) A Member of Congress shall not mail mission under this paragraph in which to file prejudice to the interests of the parties. any mass mailing as franked mail during the an exception with the Commission. ‘‘(C) If the Commission determines, on the 180-day period which ends on the date of the ‘‘(ii) TIME FOR COMMISSION TO RULE.—With- basis of facts alleged in the complaint and general election for the office held by the in 30 days after receiving an exception, the other facts available to the Commission, Member or during the 90-day period which Commission shall make a determination that the complaint is clearly without merit, ends on the date of any primary election for that is a final agency action subject to ex- the Commission may— that office, unless the Member has made a clusive review by the United States Court of ‘‘(i) order expedited proceedings, shorten- public announcement that the Member will Appeals for the District of Columbia Circuit ing the time periods for proceedings under not be a candidate for reelection during that under section 706 of title 5, United States paragraphs (1), (2), (3), and (4) as necessary to year or for election to any other Federal of- Code, upon petition filed in that court by the allow the matter to be resolved in sufficient fice.’’. political committee or treasurer that is the time before the election to avoid harm or SEC. 504. PROHIBITION OF FUNDRAISING ON subject of the agency action, if the petition prejudice to the interests of the parties; or FEDERAL PROPERTY. is filed within 30 days after the date of the ‘‘(ii) if the Commission determines that Section 607 of title 18, United States Code, Commission action for which review is there is insufficient time to conduct proceed- is amended— sought.’’; ings before the election, summarily dismiss (1) by striking subsection (a) and inserting (2) in paragraph (5)(D)— the complaint.’’. the following: (A) by inserting after the first sentence the (b) REFERRAL TO ATTORNEY GENERAL.—Sec- ‘‘(a) PROHIBITION.— following: ‘‘In any case in which a penalty or tion 309(a)(5) of the Federal Election Cam- ‘‘(1) IN GENERAL.—It shall be unlawful for filing requirement imposed on a political paign Act of 1971 (2 U.S.C. 437g(a)(5)) is any person to solicit or receive a donation of committee or treasurer under paragraph (13) amended by striking subparagraph (C) and money or other thing of value for a political has not been satisfied, the Commission may inserting the following: committee or a candidate for Federal, State institute a civil action for enforcement ‘‘(C) The Commission may at any time, by or local office from a person who is located under paragraph (6)(A).’’; and an affirmative vote of at least 4 of its mem- in a room or building occupied in the dis- (B) by inserting before the period at the bers, refer a possible violation of this Act or charge of official duties by an officer or em- end of the last sentence the following: ‘‘or chapter 95 or 96 of the Internal Revenue Code ployee of the United States. An individual has failed to pay a penalty or meet a filing of 1986, to the Attorney General of the who is an officer or employee of the Federal requirement imposed under paragraph (13)’’; United States, without regard to any limita- Government, including the President, Vice and tion set forth in this section.’’. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3345 SEC. 509. INITIATION OF ENFORCEMENT PRO- and shall include the name of the candidate held to select candidates for any political of- CEEDING. involved (as appropriate) and the office fice; or for any person to solicit, accept, or Section 309(a)(2) of the Federal Election sought by the candidate, the identification receive any such contribution from a foreign Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is of the contributor, and the date of receipt national. amended by striking ‘‘reason to believe and amount of the contribution. ‘‘(2) DEFINITION.—As used in this sub- that’’ and inserting ‘‘reason to investigate ‘‘(B) If a political committee returns a con- section, the term ‘foreign national’ means a whether’’. tribution for which notification is made foreign principal, as defined by section 1(b) TITLE VI—SEVERABILITY; CONSTITU- under subparagraph (A), the committee shall of the Foreign Agents Registration Act of TIONALITY; EFFECTIVE DATE; REGULA- notify the Secretary or the Commission, and 1938 (22 U.S.C. 611(b)). TIONS the Secretary of State (as appropriate). ‘‘(b) INDIVIDUALS NOT QUALIFIED TO REG- ‘‘(C) The notifications required under this ISTER TO VOTE IN FEDERAL ELECTIONS.— SEC. 601. SEVERABILITY. paragraph shall be in addition to all other ‘‘(1) PROHIBITING CONTRIBUTIONS.—It shall If any provision of this Act or amendment reporting requirements under this Act.’’. be unlawful for any individual who is not made by this Act, or the application of a pro- (c) INCREASING ELECTRONIC DISCLOSURE.— qualified to register to vote in an election vision or amendment to any person or cir- Section 304 of such Act (2 U.S.C. 434(a)) is for Federal office directly or through any cumstance, is held to be unconstitutional, amended by adding at the end the following other person to make any contribution of the remainder of this Act and amendments new subsection: money or other thing of value, or to promise made by this Act, and the application of the ‘‘(d)(1) The Commission shall make the in- expressly or impliedly to make any such con- provisions and amendment to any person or formation contained in the reports submit- tribution, in connection with an election to circumstance, shall not be affected by the ted under this section available on the Inter- any political office or in connection with holding. net and publicly available at the offices of any primary election, convention, or caucus SEC. 602. REVIEW OF CONSTITUTIONAL ISSUES. the Commission as soon as practicable (but held to select candidates for any political of- An appeal may be taken directly to the Su- in no case later than 24 hours) after the in- fice. preme Court of the United States from any formation is received by the Commission. ‘‘(2) PROHIBITING SOLICITATION OR ACCEPT- final judgment, decree, or order issued by ‘‘(2) In this subsection, the term ‘Internet’ ANCE OF CONTRIBUTIONS.—It shall be unlawful any court ruling on the constitutionality of means the international computer network for any person to knowingly solicit, accept, any provision of this Act or amendment of both Federal and non-Federal interoper- or receive any contribution of money or made by this Act. able packet-switched data networks.’’. other thing of value from an individual who is not qualified to register to vote in an elec- SEC. 603. EFFECTIVE DATE. (d) LOWERING THRESHOLD FOR COLLECTION tion for Federal office.’’. Except as otherwise provided in this Act, AND DISCLOSURE OF IDENTIFICATION OF CON- (b) EFFECTIVE DATE.—The amendments TRIBUTORS.— this Act and the amendments made by this made by this section shall apply with respect (1) REPORTING REQUIREMENTS.—Section Act take effect January 1, 1999. to elections occurring after January 1999. SEC. 604. REGULATIONS. 304(b)(3) of such Act (2 U.S.C. 434(b)(3)) is amended— SEC. 5. FUNDING OF POLITICAL ACTIVITIES BY The Federal Election Commission shall CORPORATIONS AND LABOR ORGA- prescribe any regulations required to carry (A) in subparagraph (A), by striking NIZATIONS. out this Act and the amendments made by ‘‘whose contribution or contributions have (a) PROHIBITING DONATION OF FUNDS TO PO- this Act not later than 180 days after the an aggregate amount or value in excess of LITICAL PARTIES.— date of the enactment of this Act. $200 within the calendar year, or in any less- (1) IN GENERAL.—Section 316 of the Federal er amount if the reporting committee should H.R. 2183 Election Campaign Act of 1971 (2 U.S.C. 441b) so elect,’’; and is amended by adding at the end the follow- OFFERED BY: MR. SNOWBARGER (B) in subparagraphs (F) and (G), by strik- ing new subsection: (Amendment in the Nature of a Substitute) ing ‘‘in an aggregate amount or value in ex- ‘‘(c)(1) No national bank, corporation, or AMENDMENT NO. 14: Strike all after the en- cess of $200’’ each place it appears. labor organization described in this section acting clause and insert the following: (2) INFORMATION REQUIRED TO BE FOR- may make any payment of any gift, sub- WARDED TO POLITICAL COMMITTEES.—Section scription, loan, advance, or deposit of money SECTION 1. SHORT TITLE. 302(b) of such Act (2 U.S.C. 432(b)) is amend- or anything of value to any political com- This Act may be cited as the ‘‘Fair Elec- ed— mittee established and maintained by a po- tions and Political Accountability Act’’. (A) in paragraph (1), by striking ‘‘and if the litical party (including a congressional cam- SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL amount of the contribution is in excess of paign committee of a political party) in sup- ELECTION CAMPAIGN CONTRIBU- $50’’ and inserting ‘‘together with’’; and port of the committee’s activities. TIONS. (B) in paragraph (2), by striking ‘‘shall—’’ ‘‘(2) Paragraph (1) shall not apply to a con- Section 315(a) of the Federal Election Cam- and all that follows and inserting the follow- tribution or expenditure made by a separate paign Act of 1971 (2 U.S.C. 441a(a)) is amend- ing: ‘‘shall forward to the treasurer such segregated fund of a corporation or labor or- ed by adding at the end the following new contribution, the name and address of the ganization described in subsection paragraph: person making the contribution, and the (b)(2)(C).’’. ‘‘(9) The limitations established under this date of receipt of the contribution, no later (2) EFFECTIVE DATE.—The amendment subsection shall not apply to contributions than 10 days after receiving the contribu- made by paragraph (1) shall apply with re- made during calendar years beginning after tion.’’. spect to elections occurring after January 1998.’’. (3) INFORMATION REQUIRED TO BE KEPT BY 1999. SEC. 3. PROMOTING EXPEDITED AVAILABILITY POLITICAL COMMITTEES.—Section 302(c) of (b) PROHIBITING INVOLUNTARY ASSESSMENT OF FEC REPORTS; LOWERING such Act (2 U.S.C. 432(c)) is amended— OF EMPLOYEE FUNDS FOR POLITICAL ACTIVI- THRESHOLD FOR COLLECTION AND (A) by striking paragraph (2); and TIES.— DISCLOSURE OF IDENTIFICATION (1) IN GENERAL.—Section 316 of such Act (2 OF CONTRIBUTORS. (B) in paragraph (3), by striking ‘‘or con- tributions aggregating more than $200’’. U.S.C. 441b), as amended by subsection (a), is (a) MANDATORY ELECTRONIC FILING.—Sec- further amended by adding at the end the tion 304(a)(11)(A) of the Federal Election (e) EFFECTIVE DATE.—The amendment made by this section shall apply with respect following new subsection: Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) ‘‘(d)(1) Except with the separate, prior, to reports for periods beginning on or after is amended by striking ‘‘permit reports re- written, voluntary authorization of the indi- January 1, 1999. quired by’’ and inserting ‘‘require reports vidual involved, it shall be unlawful— under’’. SEC. 4. PROHIBITING CONTRIBUTIONS BY FOR- ‘‘(A) for any national bank or corporation (b) REQUIRING REPORTS FOR CERTAIN CON- EIGN NATIONALS AND INDIVIDUALS described in this section to collect from or NOT QUALIFIED TO REGISTER TO TRIBUTIONS MADE TO ANY POLITICAL COMMIT- VOTE IN FEDERAL ELECTIONS. assess its stockholders any dues, initiation TEE WITHIN 60 DAYS OF ELECTION; REQUIRING fee, or other payment, or collect from or as- (a) IN GENERAL.—Section 319 of the Federal REPORTS TO BE MADE WITHIN 48 HOURS.—Sec- Election Campaign Act of 1971 (2 U.S.C. 441e) sess its employees any dues, initiation fee, or tion 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is is amended to read as follows: other payment as a condition of employ- amended to read as follows: ment, if any part of such dues, fee, or pay- ‘‘(6)(A) Each political committee shall no- ‘‘CONTRIBUTIONS BY FOREIGN NATIONALS AND ment will be used for Federal campaign ac- tify the Secretary or the Commission, and INDIVIDUALS NOT QUALIFIED TO REGISTER TO tivity in which the national bank or corpora- the Secretary of State, as appropriate, in VOTE IN FEDERAL ELECTIONS tion is engaged; and writing, of any contribution in an aggregate ‘‘SEC. 319. (a) FOREIGN NATIONALS.— ‘‘(B) for any labor organization described amount equal to or greater than $100 which ‘‘(1) IN GENERAL.—It shall be unlawful for a in this section to collect from or assess its is received by the committee during the pe- foreign national directly or through any members or nonmembers any dues, initiation riod which begins on the 60th day before an other person to make any contribution of fee, or other payment if any part of such election and ends at the time the polls close money or other thing of value, or to promise dues, fee, or payment will be used for Federal for such election. This notification shall be expressly or impliedly to make any such con- campaign activity in which the labor organi- made not later than midnight of the day on tribution, in connection with an election to zation is engaged. which the contribution is deposited (but in any political office or in connection with ‘‘(2) An authorization described in para- no event later than 48 hours after receipt) any primary election, convention, or caucus graph (1) shall remain in effect until revoked H3346 CONGRESSIONAL RECORD — HOUSE May 14, 1998

and may be revoked at any time. Each entity H.R. 2183 SOURCES.—The Congress finds and declares collecting from or assessing amounts from OFFERED BY: MR. TIERNEY that the current system of privately fi- an individual with an authorization in effect (Amendment in the Nature of a Substitute) nanced campaigns for election to the House under such paragraph shall provide the indi- of Representatives has the capacity, and is AMENDMENT NO. 15: Strike all after the en- vidual with a statement that the individual often perceived by the public, to undermine acting clause and insert the following: may at any time revoke the authorization. democracy in the United States by— ‘‘(3) For purposes of this subsection, the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) violating the democratic principle of term ‘Federal campaign activity’ means any (a) SHORT TITLE.—This Act may be cited as ‘‘one person, one vote’’ and diminishing the activity carried out for the purpose of influ- the ‘‘Clean Money, Clean Elections Act’’. meaning of the right to vote by allowing encing (in whole or in part) any election for (b) TABLE OF CONTENTS.—The table of con- monied interests to have a disproportionate Federal office or educating individuals about tents of this Act is as follows: and unfair influence within the political candidates for election for Federal office, ex- Sec. 1. Short title; table of contents. process; cept that such term does not include the TITLE I—CLEAN MONEY FINANCING OF (2) diminishing or giving the appearance of making of any communication provided by a HOUSE ELECTION CAMPAIGNS diminishing a Member of the House of corporation to its employees and their fami- Sec. 101. Findings and declarations. Representatives’s accountability to constitu- lies or by a labor organization to its mem- Sec. 102. Eligibility requirements and bene- ents by compelling legislators to be account- bers and their families on any subject.’’. fits of clean money financing of able to the major contributors who finance (2) EFFECTIVE DATE.—The amendment House election campaigns. their election campaigns; made by paragraph (1) shall apply to (3) creating a conflict of interest, perceived ‘‘TITLE V—CLEAN MONEY FINANCING OF or real, by encouraging Members to take amounts collected or assessed on or after the HOUSE ELECTION CAMPAIGNS date of the enactment of this Act. money from private interests that are di- ‘‘Sec. 501. Definitions. rectly affected by Federal legislation; SEC. 6. PROHIBITING CONTRIBUTIONS DURING ‘‘Sec. 502. Eligibility for clean money. SIX MONTHS FOLLOWING GENERAL (4) imposing large, unwarranted costs on ELECTION. ‘‘Sec. 503. Requirements applicable to taxpayers through legislative and regulatory (a) IN GENERAL.—Title III of the Federal clean money candidates. outcomes shaped by unequal access to law- Election Campaign Act of 1971 (2 U.S.C. 431 ‘‘Sec. 504. Seed money. makers for campaign contributors; ‘‘Sec. 505. Certification by Commission. et seq.) is amended by adding at the end the (5) driving up the cost of election cam- ‘‘Sec. 506. Benefits for clean money can- following new section: paigns, making it difficult for qualified can- didates. didates without personal fortunes or access ‘‘PROHIBITING CONTRIBUTIONS DURING SIX ‘‘Sec. 507. Administration of clean to campaign contributions from monied indi- MONTHS FOLLOWING GENERAL ELECTION money. viduals and interest groups to mount com- ‘‘SEC. 323. (a) IN GENERAL.—No person may ‘‘Sec. 508. Expenditures made from funds petitive House of Representatives election make any contribution with respect to an other than clean money. campaigns; election for Federal office to any political ‘‘Sec. 509. Authorization of appropria- (6) disadvantaging challengers, because committee of a candidate for election for tions.’’ large campaign contributors tend to give such office during the 180-day period which Sec. 103. Reporting requirements for expend- their money to incumbent Members, thus begins on the date of the previous regularly itures of private money can- causing House of Representatives elections scheduled general election for such office, didates. to be less competitive; and unless the election is a runoff or special elec- Sec. 104. Transition rule for current election (7) burdening incumbents with a pre- tion. cycle. occupation with fundraising and thus de- ‘‘(b) EXCEPTION FOR CONTRIBUTIONS IN CON- TITLE II—INDEPENDENT EXPENDI- creasing the time available to carry out NECTION WITH EXPENSES OF PREVIOUS ELEC- TURES; COORDINATED POLITICAL their public responsibilities. TION.—Subsection (a) shall not apply with re- PARTY EXPENDITURES (b) ENHANCEMENT OF DEMOCRACY BY PRO- spect to a contribution made solely in con- Sec. 201. Reporting requirements for inde- VIDING CLEAN MONEY.—Congress finds and de- nection with the expenses of an election held pendent expenditures. clares that providing the option of the re- prior to the date on which the contribution Sec. 202. Definition of independent expendi- placement of private campaign contributions is made.’’. ture. with clean money financing for all primary, (b) EFFECTIVE DATE.—The amendments Sec. 203. Limit on expenditures by political runoff, and general elections to the House of made by this section shall apply with respect party committees. Representatives would enhance American de- to elections occurring after January 1999. Sec. 204. Party independent expenditures mocracy by— SEC. 7. INCREASE IN AUTHORIZATION OF APPRO- and other coordinated expendi- (1) helping to eliminate access to wealth as PRIATIONS FOR FEDERAL ELECTION tures. a determinant of a citizen’s influence within COMMISSION. Section 314 of the Federal Election Cam- TITLE III—VOTER INFORMATION the political process and to restore meaning paign Act of 1971 (2 U.S.C. 439c) is amended Sec. 301. Free broadcast time. to the principle of ‘‘one person, one vote’’; by adding at the end the following new sen- Sec. 302. Broadcast rates and preemption. (2) increasing the public’s confidence in the tence: ‘‘There are authorized to be appro- Sec. 303. Campaign advertising. accountability of Members to the constitu- priated to the Commission $60,000,000 for Sec. 304. Limit on Congressional use of the ents who elect them; each of the fiscal years 1999, 2000, and 2001, of franking privilege. (3) eliminating the potentially inherent which not less than $28,350,000 shall be used TITLE IV—SOFT MONEY OF POLITICAL conflict of interest caused by the private fi- during each such fiscal year for enforcement PARTY COMMITTEES nancing of the election campaigns of public officials, thus restoring public confidence in activities.’’. Sec. 401. Soft money of political party com- the fairness of the electoral and legislative SEC. 8. ENHANCING ENFORCEMENT OF CAM- mittees. PAIGN FINANCE LAW. Sec. 402. State party grassroots funds. processes; (a) MANDATORY IMPRISONMENT FOR CRIMI- Sec. 403. Reporting requirements. (4) reversing the escalating cost of elec- tions and saving taxpayers billions of dollars NAL CONDUCT.—Section 309(d)(1)(A) of the TITLE V—RESTRUCTURING AND that are (or that are perceived to be) cur- Federal Election Campaign Act of 1971 (2 STRENGTHENING OF THE FEDERAL rently misspent due to legislative and regu- U.S.C. 437g(d)(1)(A)) is amended— ELECTION COMMISSION latory agendas skewed by the influence of (1) in the first sentence, by striking ‘‘shall Sec. 501. Appointment and terms of Commis- be fined, or imprisoned for not more than contributions; sioners. (5) creating a more level playing field for one year, or both’’ and inserting ‘‘shall be Sec. 502. Audits. imprisoned for not fewer than 1 year and not incumbents and challengers, creating genu- Sec. 503. Authority to seek injunction. ine opportunities for all Americans to run more than 10 years’’; and Sec. 504. Standard for investigation. for the House of Representatives, and en- (2) by striking the second sentence. Sec. 505. Petition for certiorari. (b) CONCURRENT AUTHORITY OF ATTORNEY Sec. 506. Expedited procedures. couraging more competitive elections; and GENERAL TO BRING CRIMINAL ACTIONS.—Sec- Sec. 507. Filing of reports using computers (6) freeing Members from the constant pre- tion 309(d) of such Act (2 U.S.C. 437g(d)) is and facsimile machines. occupation with raising money, and allowing amended by adding at the end the following Sec. 508. Power to issue subpoena without them more time to carry out their public re- new paragraph: signature of chairperson. sponsibilities. ‘‘(4) In addition to the authority to bring TITLE VI—MISCELLANEOUS PROVISIONS SEC. 102. ELIGIBILITY REQUIREMENTS AND BEN- cases referred pursuant to subsection (a)(5), EFITS OF CLEAN MONEY FINANCING Sec. 601. Severability. the Attorney General may at any time bring OF HOUSE ELECTION CAMPAIGNS. Sec. 602. Review of constitutional issues. The Federal Election Campaign Act of 1971 a criminal action for a violation of this Act Sec. 603. Effective date. or of chapter 95 or chapter 96 of the Internal (2 U.S.C. 431 et seq.) is amended by adding at Revenue Code of 1986.’’. TITLE I—CLEAN MONEY FINANCING OF the end the following: (c) EFFECTIVE DATE.—The amendments HOUSE ELECTION CAMPAIGNS ‘‘TITLE V—CLEAN MONEY FINANCING OF made by this section shall apply with respect SEC. 101. FINDINGS AND DECLARATIONS. HOUSE ELECTION CAMPAIGNS to actions brought with respect to elections (a) UNDERMINING OF DEMOCRACY BY CAM- ‘‘SEC. 501. DEFINITIONS. occurring after January 1999. PAIGN CONTRIBUTIONS FROM PRIVATE ‘‘In this title: May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3347

‘‘(1) ALLOWABLE CONTRIBUTION.—The term ‘‘(B) INCLUSIONS.—The term ‘personal use’ quired for a major party candidate under sec- ‘allowable contribution’ means a qualifying includes, but is not limited to— tion 501(9)) receives 1,500 qualifying contribu- contribution or seed money contribution. ‘‘(i) a home mortgage, rent, or utility pay- tions. ‘‘(2) CLEAN MONEY.—The term ‘clean ment; ‘‘(B) OTHER CANDIDATES.—The requirement money’ means funds that are made available ‘‘(ii) a clothing purchase; of this paragraph is met if, during the clean by the Commission to a clean money can- ‘‘(iii) a noncampaign-related automobile money qualifying period, a candidate who is didate under this title. expense; not described in subparagraph (A) receives a ‘‘(3) CLEAN MONEY CANDIDATE.—The term ‘‘(iv) a country club membership; number of qualifying contributions that is at ‘clean money candidate’ means a candidate ‘‘(v) a vacation or other noncampaign-re- least 150 percent of the number of qualifying for Member of or Delegate or Resident Com- lated trip; contributions that a candidate described in missioner to the Congress who is certified ‘‘(vi) a household food item; subparagraph (A) in the same election is re- under section 505 as being eligible to receive ‘‘(vii) a tuition payment; quired to receive under subparagraph (A). clean money. ‘‘(viii) admission to a sporting event, con- ‘‘(C) RECEIPT OF QUALIFYING CONTRIBU- ‘‘(4) CLEAN MONEY QUALIFYING PERIOD.—The cert, theater, or other form of entertainment TION.—A qualifying contribution shall— term ‘clean money qualifying period’ means not associated with an election campaign; ‘‘(i) be accompanied by the contributor’s the period beginning on the date that is 180 and name and home address; days before the date of the primary election ‘‘(ix) dues, fees, and other payments to a ‘‘(ii) be accompanied by a signed statement and ending on the date that is 30 days before health club or recreational facility. that the contributor understands the purpose of the qualifying contribution; the date of the general election. In the event ‘‘(12) PRIMARY ELECTION PERIOD.—The term ‘‘(iii) be made by a personal check or of a special election, the clean money quali- ‘primary election period’ means the period money order payable to the House of Rep- fying period shall begin on the earlier date of beginning on the date that is 90 days before resentatives Election Fund or by cash; and either the date that is 180 days before the the date of the primary election and ending ‘‘(iv) be acknowledged by a receipt that is date of the special election or on the date of on the date of the primary election. In the sent to the contributor with a copy kept by announcement of such special election date event of a special primary election, if appli- the candidate for the Commission and a copy if same as within 180 days of the date of the cable, the term ‘primary election period’ means the period beginning on the date that kept by the candidate for the election au- special election. It shall end on the date that thorities in the candidate’s State. is 30 days before the date of the special elec- is the longer of 90 days before the date of ‘‘(D) DEPOSIT OF QUALIFYING CONTRIBUTIONS tion. such special primary election, or the date of IN HOUSE OF REPRESENTATIVES ELECTION ‘‘(5) GENERAL ELECTION PERIOD.—The term establishment by the appropriate election FUND.— ‘general election period’ means, with respect authority of the special primary election ‘‘(i) IN GENERAL.—Not later than the date to a candidate, the period beginning on the date and ending on the date of the special primary election. that is 1 day after the date on which the can- day after the date of the primary or primary didate is certified under section 505, a can- ‘‘(13) PRIMARY RUNOFF ELECTION PERIOD.— runoff election for the specific office that the didate shall remit all qualifying contribu- candidate is seeking, whichever is later, and The term ‘primary runoff election period’ means, with respect to a candidate, the pe- tions to the Commission for deposit in the ending on the earlier of— House of Representatives Election Fund. riod beginning on the day following the date ‘‘(A) the date of the general election; or ‘‘(ii) CANDIDATES THAT ARE NOT CER- of the last primary election for the specific ‘‘(B) the date on which the candidate with- TIFIED.—Not later than the last day of the office that the candidate is seeking and end- draws from the campaign or otherwise ceases clean money qualifying period, a candidate ing on the date of the runoff election for that actively to seek election. who has received qualifying contributions office. ‘‘(6) GENERAL RUNOFF ELECTION PERIOD.— and is not certified under section 505 shall ‘‘(14) PRIVATE MONEY CANDIDATE.—The term The term ‘general runoff election period’ remit all qualifying contributions to the ‘private money candidate’ means a candidate means, with respect to a candidate, the pe- Commission for deposit in the House of Rep- for Member of or Delegate or Resident Com- riod beginning on the day following the date resentatives Election Fund. missioner to the Congress other than a clean of the last general election for the specific ‘‘(3) TIME TO FILE DECLARATION.—A declara- office that the candidate is seeking and end- money candidate. tion under paragraph (1) shall be filed by a ing on the date of the runoff election for that ‘‘(15) QUALIFYING CONTRIBUTION.—The term candidate not later than the date that is 30 office. ‘qualifying contribution’ means a contribu- days before the date of the primary election. ‘‘(7) HOUSE OF REPRESENTATIVES ELECTION tion that— With respect to any special primary election, FUND.—The term ‘House of Representatives ‘‘(A) is in the amount of $5 exactly; a declaration under paragraph (1) shall be Election Fund’ means the fund established ‘‘(B) is made by an individual who is reg- filed by a candidate not later than the date by section 507(a). istered to vote in the candidate’s State; that is 30 days before the special primary ‘‘(8) IMMEDIATE FAMILY.—The term ‘imme- ‘‘(C) is made during the clean money quali- election. diate family’ means— fying period; and ‘‘(b) GENERAL ELECTION PERIOD.— ‘‘(A) a candidate’s spouse; ‘‘(D) meets the requirements of section ‘‘(1) IN GENERAL.—A candidate qualifies as ‘‘(B) a child, stepchild, parent, grand- 502(a)(2)(D). a clean money candidate during the general parent, brother, half-brother, sister, or half- ‘‘(16) SEED MONEY CONTRIBUTION.—The term election period if— sister of the candidate or the candidate’s ‘seed money contribution’ means a contribu- ‘‘(A)(i) the candidate qualified as a clean spouse; and tion (or contributions in the aggregate made money candidate during the primary elec- ‘‘(C) the spouse of any person described in by any 1 person) of not more than $100. tion period (and primary runoff election pe- subparagraph (B). ‘‘(17) STATE.—The term ‘State’ includes the riod, if applicable); or ‘‘(9) MAJOR PARTY CANDIDATE.—The term District of Columbia, Puerto Rico, the Vir- ‘‘(ii) the candidate files with the Commis- ‘major party candidate’ means a candidate of gin Islands, American Samoa, and Guam. sion a declaration, signed by the candidate a political party of which a candidate for ‘‘SEC. 502. ELIGIBILITY FOR CLEAN MONEY. and the treasurer of the candidate’s principal Member of or Delegate or Resident Commis- ‘‘(a) PRIMARY ELECTION PERIOD AND PRI- committee, that the candidate— sioner to the Congress, for President, or for MARY RUNOFF ELECTION PERIOD.— ‘‘(I) has complied and will comply with all Governor in the preceding 5 years received, ‘‘(1) IN GENERAL.—A candidate qualifies as the requirements of this title; and as a candidate of that party, 25 percent or a clean money candidate during the primary ‘‘(II) meets the qualifying contribution re- more of the total number of popular votes re- election period and primary runoff election quirement of subsection (a)(2); ceived in the State (or Congressional dis- period if the candidate files with the Com- ‘‘(B) the candidate files with the Commis- trict, if applicable) by all candidates for the mission a declaration, signed by the can- sion a written agreement between the can- same office. didate and the treasurer of the candidate’s didate and the candidate’s political party in ‘‘(10) PERSONAL FUNDS.—The term ‘personal principal campaign committee, that the can- which the political party agrees not to make funds’ means an amount that is derived didate— any expenditures in connection with the gen- from— ‘‘(A) has complied and will comply with all eral election of the candidate in excess of the ‘‘(A) the personal funds of the candidate or of the requirements of this title; limit in section 315(d)(3)(C); and a member of the candidate’s immediate fam- ‘‘(B) will not run in the general election as ‘‘(C) the candidate’s party nominated the ily; and a private money candidate; and candidate to be placed on the ballot for the ‘‘(B) proceeds of indebtedness incurred by ‘‘(C) meets the qualifying contribution re- general election or the candidate qualified to the candidate or a member of the candidate’s quirement of paragraph (2). be placed on the ballot as an independent immediate family. ‘‘(2) QUALIFYING CONTRIBUTION REQUIRE- candidate, and the candidate is qualified ‘‘(11) PERSONAL USE.— MENT.— under State law to be on the ballot. ‘‘(A) IN GENERAL.—The term ‘personal use’ ‘‘(A) MAJOR PARTY CANDIDATES AND CERTAIN ‘‘(2) TIME TO FILE DECLARATION OR STATE- means the use of funds to fulfill a commit- INDEPENDENT CANDIDATES.—The requirement MENT.—A declaration or statement required ment, obligation, or expense of a person that of this paragraph is met if, during the clean to be filed under paragraph (1) shall be filed would exist irrespective of the candidate’s money qualifying period, a major party can- by a candidate not later than the date that election campaign or individual’s duties as a didate (or an independent candidate who is 30 days before the date of the general elec- holder of Federal office. meets the minimum vote percentage re- tion. With respect to any special general H3348 CONGRESSIONAL RECORD — HOUSE May 14, 1998 election, a declaration or statement required remit any unspent seed money to the Com- ment is made under this section, the clean to be filed under paragraph (1) shall be filed mission, for deposit in the House of Rep- money amount paid shall be 40 percent of the by a candidate not later than the date that resentatives Election Fund, not later than amount otherwise determined under para- is 30 days before the date of the special gen- the earliest date on which the Commission graph (1). eral election. makes funds available to the candidate for ‘‘(3) DEFINITIONS.— ‘‘(c) GENERAL RUNOFF ELECTION PERIOD.—A an election period under paragraph (1) or (2) ‘‘(A) APPLICABLE PERCENTAGE.—In this sub- candidate qualifies as a clean money can- of section 506(b). section, the ‘applicable percentage’ is as fol- didate during the general runoff election pe- ‘‘(h) NOT CONSIDERED AN EXPENDITURE.—An lows: riod if the candidate qualified as a clean expenditure made with seed money shall not ‘‘(i) 25 percent, in the case of a candidate in money candidate during the general election be treated as an expenditure for purposes of a primary election who is not a major party period. section 506(f)(2). candidate. ‘‘SEC. 503. REQUIREMENTS APPLICABLE TO ‘‘SEC. 505. CERTIFICATION BY COMMISSION. ‘‘(ii) 40 percent, in the case of a major CLEAN MONEY CANDIDATES. ‘‘(a) IN GENERAL.—Not later than 5 days party candidate in a primary election. ‘‘(a) CONTRIBUTIONS AND EXPENDITURES.— after a candidate files a declaration under ‘‘(iii) 60 percent, in the case of any can- ‘‘(1) PROHIBITION OF PRIVATE CONTRIBU- section 502, the Commission shall— didate in a general election. TIONS.—Except as otherwise provided in this ‘‘(1) determine whether the candidate ‘‘(B) BASE AMOUNT.—In this subsection, the title, during the election cycle of a clean meets the eligibility requirements of section term ‘base amount’ means (with respect to money candidate, the candidate shall not ac- 502; and an election cycle) the national average of all cept contributions other than clean money ‘‘(2) certify whether or not the candidate is amounts expended by winning candidates from any source. a clean money candidate. during the 3 most recent general elections ‘‘(2) PROHIBITION OF EXPENDITURES FROM ‘‘(b) REVOCATION OF CERTIFICATION.—The for Member of, or Delegate or Resident Com- PRIVATE SOURCES.—Except as otherwise pro- Commission may revoke a certification missioner to, the Congress preceding the vided in this title, during the election cycle under subsection (a) if a candidate fails to election cycle involved. ATCHING FUNDS IN RESPONSE TO INDE- of a clean money candidate, the candidate comply with this title. ‘‘(d) M PENDENT EXPENDITURES AND EXPENDITURES shall not make expenditures from any ‘‘(c) REPAYMENT OF BENEFITS.—If certifi- OF PRIVATE MONEY CANDIDATES.— amounts other than clean money amounts. cation is revoked under subsection (b), the ‘‘(1) IN GENERAL.—If the Commission— ‘‘(b) USE OF PERSONAL FUNDS.— candidate shall repay to the House of Rep- ‘‘(A) receives notification under— ‘‘(1) IN GENERAL.—A clean money candidate resentatives Election Fund an amount equal ‘‘(i) subparagraphs (A) or (B) of section shall not use personal funds to make an ex- to the value of benefits received under this 304(c)(2) that a person has made or obligated penditure except as provided in paragraph title. to make an independent expenditure in an (2). ‘‘SEC. 506. BENEFITS FOR CLEAN MONEY CAN- aggregate amount of $1,000 or more in an ‘‘(2) EXCEPTIONS.—A seed money contribu- DIDATES. election period or that a person has made or tion or qualifying contribution from the can- ‘‘(a) IN GENERAL.—A clean money can- obligated to make an independent expendi- didate or a member of the candidate’s imme- didate shall be entitled to— ture in an aggregate amount of $500 or more diate family shall not be considered to be use ‘‘(1) a clean money amount for each elec- during the 20 days preceding the date of an of personal funds. tion period to make or obligate to make ex- election in support of another candidate or ‘‘SEC. 504. SEED MONEY. penditures during the election period for against a clean money candidate; or ‘‘(a) SEED MONEY LIMIT.—A clean money which the clean money is provided, as pro- ‘‘(ii) section 304(d)(1) that a private money candidate may accept seed money contribu- vided in subsection (c); candidate has made or obligated to make ex- tions in an aggregate amount not exceeding ‘‘(2) media benefits under section 315 of the penditures in an aggregate amount in excess $35,000. Communications Act of 1934 (47 U.S.C. 315); of 100 percent of the amount of clean money ‘‘(b) CONTRIBUTION LIMIT.—Except as pro- and provided to a clean money candidate who is vided in section 502(a)(2), a clean money can- ‘‘(3) an aggregate amount of increase in the an opponent of the private money candidate didate shall not accept a contribution from clean money amount in response to certain in the same election; and any person except a seed money contribution independent expenditures and expenditures ‘‘(B) determines that the aggregate (as defined in section 501). of a private money candidate under sub- amount of expenditures reported under sub- ‘‘(c) RECORDS.—A clean money candidate section (d) that, in the aggregate, are in ex- paragraph (A) in an election period is in ex- shall maintain a record of the contributor’s cess of 125 percent of the clean money cess of 125 percent of the amount of clean name, street address, and amount of the con- amount of the clean money candidate. money provided to a clean money candidate tribution. ‘‘(b) PAYMENT OF CLEAN MONEY AMOUNT.— who is an opponent of the private money ‘‘(d) USE OF SEED MONEY.— ‘‘(1) PRIMARY ELECTION.—The Commission candidate in the same election or against ‘‘(1) IN GENERAL.—A clean money candidate shall make funds available to a clean money whom the independent expenditure is made, candidate on the later of— may expend seed money for any election the Commission shall make available to the campaign-related costs, including costs to ‘‘(A) the date on which the candidate is clean money candidate, not later than 24 open an office, fund a grassroots campaign, certified as a clean money candidate under hours after receiving a notification under or hold community meetings. section 505; or subparagraph (A), an aggregate amount of ‘‘(2) PROHIBITED USES.—A clean money can- ‘‘(B) the date on which the primary elec- increase in clean money in an amount equal didate shall not expend seed money for— tion period begins. to the aggregate amount of expenditures ‘‘(A) a television or radio broadcast; or ‘‘(2) GENERAL ELECTION.—The Commission that is in excess of 125 percent of the amount ‘‘(B) personal use. shall make funds available to a clean money of clean money provided to the clean money ‘‘(e) REPORT.—Unless a seed money con- candidate not later than 48 hours after— candidate as determined under subparagraph tribution or expenditure made with a seed ‘‘(A) certification of the primary election (B). money contribution has been reported pre- or primary runoff election result; or ‘‘(2) CLEAN MONEY CANDIDATES OPPOSED BY viously under section 304, a clean money can- ‘‘(B) the date on which the candidate is MORE THAN 1 PRIVATE MONEY CANDIDATE.—For didate shall file with the Commission a re- certified as a clean money candidate under purposes of paragraph (1), if a clean money port disclosing all seed money contributions section 505 for the general election, candidate is opposed by more than 1 private and expenditures not later than 48 hours whichever occurs first. money candidate in the same election, the after— ‘‘(3) RUNOFF ELECTION.—The Commission Commission shall take into account only the ‘‘(1) the earliest date on which the Com- shall make funds available to a clean money amount of expenditures of the private money mission makes funds available to the can- candidate not later than 48 hours after the candidate that expends, in the aggregate, the didate for an election period under paragraph certification of the primary or general elec- greatest amount (as determined each time (1) or (2) of section 506(b); or tion result (as applicable). notification is received under section ‘‘(2) the end of the clean money qualifying ‘‘(c) CLEAN MONEY AMOUNTS.— 304(d)(1)). period, ‘‘(1) IN GENERAL.—Except as provided in ‘‘(3) CLEAN MONEY CANDIDATES OPPOSED BY whichever occurs first. paragraph (2), the clean money amount paid CLEAN MONEY CANDIDATES.—If a clean money ‘‘(f) TIME TO ACCEPT SEED MONEY CON- to a clean money candidate with respect to candidate is opposed by a clean money can- TRIBUTIONS.—A clean money candidate may an election shall be equal to the applicable didate, the increase in clean money amounts accept seed money contributions for an elec- percentage of 80 percent of the base amount under paragraph (1) shall be made available tion from the day after the date of the pre- for the election cycle involved, except that to the clean money candidate if independent vious general election for the office to which in no event may the amount determined expenditures are made against the clean the candidate is seeking election through the under this subsection for a clean money can- money candidate or in behalf of the opposing earliest date on which the Commission didate for an election cycle be less than the clean money candidate in the same manner makes funds available to the candidate for amount determined under this subsection for as the increase would be made available for an election period under paragraph (1) or (2) the candidate for the previous election cycle. a clean money candidate who is opposed by a of section 506(b). ‘‘(2) REDUCTION FOR UNCONTESTED ELEC- private money candidate. ‘‘(g) DEPOSIT OF UNSPENT SEED MONEY CON- TIONS.—If a clean money candidate has no ‘‘(e) LIMITS ON MATCHING FUNDS.—The ag- TRIBUTIONS.—A clean money candidate shall opposition in an election for which a pay- gregate amount of clean money that a clean May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3349 money candidate receives to match inde- ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. TITLE II—INDEPENDENT EXPENDITURES; pendent expenditures and the expenditures of ‘‘There are authorized to be appropriated COORDINATED POLITICAL PARTY EX- private money candidates under subsection PENDITURES to the House of Representatives Election (d) shall not exceed 200 percent of the clean Fund such sums as are necessary to carry SEC. 201. REPORTING REQUIREMENTS FOR INDE- money amount that the clean money can- PENDENT EXPENDITURES. didate receives under subsection (c). out this title.’’. (a) INDEPENDENT EXPENDITURES.—Section ‘‘(f) EXPENDITURES MADE WITH CLEAN SEC. 103. REPORTING REQUIREMENTS FOR EX- 304(c) of the Federal Election Campaign Act MONEY AMOUNTS.— PENDITURES OF PRIVATE MONEY of 1971 (2 U.S.C. 434(c)) is amended— ‘‘(1) IN GENERAL.—The clean money amount CANDIDATES. (1) by striking ‘‘(c)(1) Every person’’ and inserting the following: received by a clean money candidate shall be Section 304 of the Federal Election Cam- used only for the purpose of making or obli- ‘‘(c) INDEPENDENT EXPENDITURES.— paign Act of 1971 (2 U.S.C. 434) is amended by gating to make expenditures during the elec- ‘‘(1) IN GENERAL.— tion period for which the clean money is pro- adding at the end the following: ‘‘(A) REQUIRED FILING.—Except as provided vided. ‘‘(d) PRIVATE MONEY CANDIDATES.— in paragraph (2), every person’’; ‘‘(2) EXPENDITURES IN EXCESS OF CLEAN ‘‘(1) EXPENDITURES IN EXCESS OF CLEAN (2) in paragraph (2), by redesignating sub- paragraphs (A), (B), and (C) as clauses (i), MONEY AMOUNT.—A clean money candidate MONEY AMOUNTS.—Not later than 48 hours shall not make expenditures or incur obliga- after making or obligating to make an ex- (ii), and (iii), respectively, and adjusting the tions in excess of the clean money amount. penditure, a private money candidate (as de- margins accordingly; (3) by redesignating paragraphs (2) and (3) ‘‘(3) PROHIBITED USES.—The clean money fined in section 501) that makes or obligates as subparagraphs (B) and (C), respectively, amount received by a clean money candidate to make expenditures, in an aggregate and adjusting the margins accordingly; shall not be— amount in excess of 100 percent of the (4) by adding at the end the following: ‘‘(A) converted to a personal use; or amount of clean money provided to a clean ‘‘(2) HOUSE OF REPRESENTATIVES ELECTIONS ‘‘(B) used in violation of law. money candidate (as defined in section 501), WITH A CLEAN MONEY CANDIDATE.— ‘‘(4) REPAYMENT; CIVIL PENALTIES.— during an election period (as defined by sec- ‘‘(A) INDEPENDENT EXPENDITURES MORE ‘‘(A) If the Commission determines that tion 501) who is an opponent of the clean THAN 20 DAYS BEFORE AN ELECTION.— any benefit made available to a clean money money candidate shall file with the Commis- ‘‘(i) IN GENERAL.—Not later than 48 hours candidate under this title was not used as sion a report stating the amount of each ex- after making an independent expenditure, provided for in this title, or that a clean penditure (in increments of an aggregate more than 20 days before the date of an elec- money candidate has violated any of the amount of $100) made or obligated to be tion, in support of an opponent of or in oppo- spending limits or dates for remission of made. sition to a clean money candidate (as defined funds contained in this Act, the Commission ‘‘(2) PLACE OF FILING; NOTIFICATION.— in section 501), a person that makes inde- shall so notify the candidate and the can- ‘‘(A) PLACE OF FILING.—A report under this pendent expenditures in an aggregate didate shall pay to the House of Representa- subsection shall be filed with the Commis- amount in excess of $1,000 during an election tives’ Election Fund an amount equal to the sion. period (as defined in section 501) shall file amount of benefits so used, or the amount ‘‘(B) NOTIFICATION OF CLEAN MONEY CAN- with the Commission a statement containing spent in excess of the limits or the amount DIDATES.—Not later than 24 hours after re- the information described in clause (ii). not timely remitted, as appropriate. ceipt of a report under this subsection, the ‘‘(ii) CONTENTS OF STATEMENT.—A state- ‘‘(B) Any action by the Commission in ac- Commission shall notify each clean money ment under subparagraph (A) shall include a cordance with this section shall not preclude candidate seeking nomination for election certification, under penalty of perjury, that enforcement proceedings by the Commission to, or election to, the office in question, of contains the information required by sub- in accordance with section 309(a), including a the receipt of the report. section (b)(6)(B)(iii). referral by the Commission to the Attorney ‘‘(3) DETERMINATIONS BY THE COMMISSION.— ‘‘(iii) ADDITIONAL STATEMENTS.—An addi- General in the case of an apparent knowing ‘‘(A) IN GENERAL.—The Commission may, tional statement shall be filed for each ag- and willful violation of this title. on a request of a candidate or on its own ini- gregate of independent expenditures that ex- ‘‘(g) REMITTING OF CLEAN MONEY tiative, make a determination that a private ceeds $1,000. AMOUNTS.—Not later than the date that is 14 money candidate has made, or has obligated ‘‘(B) INDEPENDENT EXPENDITURES DURING days after the last day of the applicable elec- to make, expenditures in excess of the appli- THE 20 DAYS PRECEDING AN ELECTION.—Not tion period, a clean money candidate shall cable amount in paragraph (1). later than 24 hours after making or obligat- remit any unspent clean money amount to ‘‘(B) NOTIFICATION.—In the case of such a ing to make an independent expenditure in the Commission for deposit in the House of determination, the Commission shall notify support of an opponent of or in opposition to Representatives Election Fund. each clean money candidate seeking nomina- a clean money candidate in an aggregate ‘‘SEC. 507. ADMINISTRATION OF CLEAN MONEY. tion for election to, or election to, the office amount in excess of $500, during the 20 days preceding the date of an election, a person ‘‘(a) HOUSE OF REPRESENTATIVES ELECTION in question, of the making of the determina- that makes or obligates to make the inde- FUND.— tion not later than 24 hours after making the pendent expenditure shall file with the Com- ‘‘(1) ESTABLISHMENT.—There is established determination. mission a statement stating the amount of in the Treasury a fund to be known as the ‘‘(C) TIME TO COMPLY WITH REQUEST FOR DE- each independent expenditure made or obli- ‘House of Representatives Election Fund’. TERMINATION.—A determination made at the gated to be made. ‘‘(2) DEPOSITS.—The Commission shall de- request of a candidate shall be made not ‘‘(C) PLACE OF FILING; NOTIFICATION.— posit unspent seed money contributions, later than 48 hours after the date of the re- ‘‘(i) PLACE OF FILING.—A report or state- qualifying contributions, penalty amounts quest.’’. ment under this paragraph shall be filed with received under this title, and amounts appro- SEC. 104. TRANSITION RULE FOR CURRENT ELEC- the Commission. priated for clean money financing in the TION CYCLE. ‘‘(ii) NOTIFICATION OF CLEAN MONEY CAN- House of Representatives Election Fund. DIDATES.—Not later than 24 hours, but ex- ‘‘(3) FUNDS.—The Commission shall with- (a) IN GENERAL.—During the election cycle cluding the time from 5:00 p.m. Friday draw the clean money amount for a clean in effect on the date of enactment of this through and until 9:00 a.m. the following money candidate from the House of Rep- Act, a candidate may be certified as a clean Monday, and legal holidays after receipt of a resentatives Election Fund. money candidate (as defined in section 501 of statement under this paragraph, the Com- ‘‘(b) REGULATIONS.—The Commission shall the Federal Election Campaign Act of 1971 (2 mission shall notify each clean money can- promulgate regulations to— U.S.C. 431)), notwithstanding the acceptance didate seeking nomination for election to, or ‘‘(1) effectively and efficiently monitor and of contributions or making of expenditures election to, the office in question of the re- enforce the limits on use of private money from private funds before the date of enact- ceipt of a statement. by clean money candidates; ment that would, absent this section, dis- ‘‘(D) DETERMINATION BY THE COMMISSION.— ‘‘(2) effectively and efficiently monitor use qualify the candidate as a clean money can- ‘‘(i) IN GENERAL.—The Commission may, on of publicly financed amounts under this didate. request of a candidate or on its own initia- title; and tive, make a determination that a person has ‘‘(3) enable clean money candidates to (b) PRIVATE FUNDS.—A candidate may be made or obligated to make independent ex- monitor expenditures and comply with the certified as a clean money candidate only if penditures with respect to a candidate that requirements of this title. any private funds accepted and not expended in the aggregate exceed the applicable ‘‘SEC. 508. EXPENDITURES MADE FROM FUNDS before the date of enactment of this Act amount under subparagraph (A). OTHER THAN CLEAN MONEY. are— ‘‘(ii) NOTIFICATION.—Not later than 24 ‘‘If a clean money candidate makes an ex- (1) returned to the contributor; or hours after making a determination under penditure using funds other than funds pro- (2) submitted to the Federal Election Com- clause (i), the Commission shall notify each vided under this title, the Commission shall mission for deposit in the House of Rep- clean money candidate in the election of the assess a civil penalty against the candidate resentatives Election Fund (as defined in making of the determination. in an amount that is not more than 10 times section 501 of the Federal Election Campaign ‘‘(iii) TIME TO COMPLY WITH REQUEST FOR the amount of the expenditure. Act of 1971 (2 U.S.C. 431)). DETERMINATION.—A determination made at H3350 CONGRESSIONAL RECORD — HOUSE May 14, 1998 the request of a candidate shall be made not SEC. 204. PARTY INDEPENDENT EXPENDITURES ‘‘(C) For the purposes of subparagraph later than 48 hours after the date of the re- AND OTHER COORDINATED EXPEND- (A)(iii), the term ‘payment made in coordi- quest.’’. ITURES. nation with a candidate’ includes— SEC. 202. DEFINITION OF INDEPENDENT EXPEND- (a) DETERMINATION TO MAKE COORDINATED ‘‘(i) a payment made by a person in co- ITURE. EXPENDITURES.—Section 315(d) of the Federal operation, consultation, or concert with, at (a) IN GENERAL.—Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. the request or suggestion of, or pursuant to Election Campaign Act of 1971 (2 U.S.C. 431) 441a(d)) is amended— any general or particular understanding with is amended by striking paragraph (17) and in- (1) in paragraph (1)— a candidate, the candidate’s authorized com- serting the following: (A) by inserting ‘‘coordinated’’ after mittee, or an agent acting on behalf of a can- ‘‘(17) INDEPENDENT EXPENDITURE.— ‘‘make’’; and didate or authorized committee; ‘‘(A) IN GENERAL.—The term ‘‘independent (B) by striking ‘‘(2) and (3)’’ and inserting ‘‘(ii) a payment made by a person for the expenditure’’ means an expenditure made by ‘‘(2), (3), and (4)’’; and dissemination, distribution, or republica- a person other than a candidate or can- (2) by adding at the end the following: tion, in whole or in part, of any broadcast or didate’s authorized committee— ‘‘(4)(A) Before a committee of a political any written, graphic, or other form of cam- ‘‘(i) that is made for a communication that party makes a coordinated expenditure in paign material prepared by a candidate, a contains express advocacy; and connection with a general election campaign candidate’s authorized committee, or an ‘‘(ii) is made without the participation or for Federal office in excess of $5,000, the com- agent of a candidate or authorized commit- cooperation of and without coordination mittee shall file with the Commission a cer- tee (not including a communication de- with a candidate (within the meaning of sec- tification, signed by the treasurer, that the scribed in paragraph (9)(B)(i) or a commu- tion 301(8)(A)(iii)). committee has not made and will not make nication that expressly advocates the can- ‘‘(B) EXPRESS ADVOCACY.—The term ‘ex- any independent expenditures in connection didate’s defeat); press advocacy’ means a communication with that campaign for Federal office. A ‘‘(iii) a payment made based on informa- that is made through a broadcast medium, party committee that determines to make a tion about a candidate’s plans, projects, or newspaper, magazine, billboard, direct mail, coordinated expenditure shall not make any needs provided to the person making the or similar type of communication and that— transfer of funds in the same election cycle payment by the candidate or the candidate’s ‘‘(i) advocates the election or defeat of a to, or receive any transfer of funds in the agent who provides the information with a clearly identified candidate, including any same election cycle from, any other party view toward having the payment made; communication that— committee that determines to make inde- ‘‘(iv) a payment made by a person if, in the ‘‘(I) contains a phrase such as ‘vote for’, pendent expenditures in connection with the same election cycle in which the payment is ‘re-elect’, ‘support’, ‘cast your ballot for’, same campaign for Federal office. made, the person making the payment is ‘(name of candidate) for Congress’, ‘(name of ‘‘(B) A committee of a political party shall serving or has served as a member, em- candidate) in (year involved)’, ‘vote against’, be considered to be in coordination with a ployee, fundraiser, or agent of the can- ‘defeat’, ‘reject’, ‘put a stop to (name of can- candidate of the party if the committee— didate’s authorized committee in an execu- didate)’, ‘send (name of candidate) home’; or ‘‘(i) makes a payment for a communication tive or policymaking position; ‘‘(II) contains campaign slogans or individ- or anything of value in coordination with ‘‘(v) a payment made by a person if the ual words that in context can have no rea- the candidate, as described in section person making the payment has served in any formal policy or advisory position with sonable meaning other than to recommend 301(8)(A)(iii); the candidate’s campaign or has participated the election or defeat of 1 or more clearly ‘‘(ii) makes a coordinated expenditure in strategic or policymaking discussions identified candidates; or under this subsection on behalf of the can- with the candidate’s campaign relating to ‘‘(ii)(I) refers to a clearly identified can- didate; the candidate’s pursuit of nomination for didate; ‘‘(iii) participates in joint fundraising with election, or election, to Federal office, in the ‘‘(II) is made not more than 60 days before the candidate or in any way solicits or re- same election cycle as the election cycle in the date of a general election; and ceives a contribution on behalf of the can- which the payment is made; and ‘‘(III) is not solely devoted to a pending didate; ‘‘(vi) a payment made by a person if the legislative issue before an open session of ‘‘(iv) communicates with the candidate, or person making the payment retains the pro- Congress.’’. an agent of the candidate (including a poll- (b) DEFINITION APPLICABLE WHEN PROVISION fessional services of an individual or person ster, media consultant, vendor, advisor, or who has provided or is providing campaign- NOT IN EFFECT.—For purposes of the Federal staff member), acting on behalf of the can- Election Campaign Act of 1971, during any related services in the same election cycle to didate, about advertising, message, alloca- a candidate in connection with the can- period beginning after the effective date of tion of resources, fundraising, or other cam- this Act in which the definition, or any part didate’s pursuit of nomination for election, paign matters related to the candidate’s or election, to Federal office, including serv- of the definition, under section 301(17)(B) of campaign, including campaign operations, that Act (as added by subsection (a)) is not ices relating to the candidate’s decision to staffing, tactics or strategy; or seek Federal office, and the payment is for in effect, the definition of ‘‘express advo- ‘‘(v) provides in-kind services, polling data, cacy’’ shall mean, in addition to the part of services of which the purpose is to influence or anything of value to the candidate. the definition that is in effect, a communica- that candidate’s election. ‘‘(C) For purposes of this paragraph, all po- tion that clearly identifies a candidate and ‘‘(D) For purposes of subparagraph (C)(vi), litical committees established and main- taken as a whole and with limited reference the term ‘professional services’ includes tained by a national political party (includ- to external events, such as proximity to an services in support of a candidate’s pursuit election, expresses unmistakable support for ing all congressional campaign committees) of nomination for election, or election, to or opposition to 1 or more clearly identified and all political committees established by Federal office such as polling, media advice, candidates. State political parties shall be considered to direct mail, fundraising, or campaign re- be a single political committee. SEC. 203. LIMIT ON EXPENDITURES BY POLITI- search.’’. ‘‘(D) For purposes of subparagraph (A), any CAL PARTY COMMITTEES. (2) DEFINITION OF CONTRIBUTION IN SECTION Section 315(d)(3) of the Federal Election coordination between a committee of a polit- 315(a)(7).—Section 315(a)(7) of the Federal Campaign Act of 1971 (2 U.S.C. 441a(d)(3)) is ical party and a candidate of the party after Election Campaign Act of 1971 (2 U.S.C. amended— the candidate has filed a statement of can- 441a(a)(7)) is amended by striking paragraph (1) in subparagraph (A)— didacy constitutes coordination for the pe- (B) and inserting the following: (A) in the matter preceding clause (i), by riod beginning with the filing of the state- ‘‘(B)(i) Except as provided in clause (ii), a striking ‘‘in the case’’ and inserting ‘‘except ment of candidacy and ending at the end of payment made in coordination with a can- as provided in subparagraph (C), in the the election cycle.’’. didate (as described in section 301(8)(A)(iii)) case’’, and (b) DEFINITIONS.— shall be considered to be a contribution to (B) by striking ‘‘and’’ at the end; (1) AMENDMENT OF DEFINITION OF CONTRIBU- the candidate, and, for the purposes of any (2) in subparagraph (B)— TION.—Section 301(8) of the Federal Election provision of this Act that imposes a limita- (A) by striking ‘‘in the case’’ and inserting Campaign Act of 1971 (2 U.S.C. 431(8)) is tion on the making of expenditures by a can- ‘‘except as provided in subparagraph (C), in amended— didate, shall be treated as an expenditure by the case’’, and (A) in subparagraph (A)— the candidate for purposes of this paragraph. (B) by striking the period at the end and (i) by striking ‘‘or’’ at the end of clause (i); ‘‘(ii) In the case of a clean money can- inserting ‘‘; and’’; and (ii) by striking the period at the end of didate (as defined in section 501), a payment (3) by adding at the end the following: clause (ii) and inserting ‘‘; or’’; and made in coordination with a candidate by a ‘‘(C) in the case of an election to the office (iii) by adding at the end the following: committee of a political party shall not be of Representative in or Delegate or Resident ‘‘(iii) a payment made for a communica- treated as a contribution to the candidate Commissioner to the Congress in which 1 or tion or anything of value that is for the pur- for purposes of section 503(b)(1) or an expend- more candidates is a clean money candidate pose of influencing an election for Federal iture made by the candidate for purposes of (as defined in section 501), 10 percent of the office and that is made in coordination with section 503(b)(2).’’. amount of clean money that a clean money a candidate (as defined in subparagraph (c) MEANING OF CONTRIBUTION OR EXPENDI- candidate is eligible to receive for the gen- (C)).’’; and TURE FOR THE PURPOSES OF SECTION 316.— eral election period.’’. (B) by adding at the end the following: Section 316(b)(2) of the Federal Election May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3351 Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is the use of a television broadcasting station ‘‘(d)(1) Any broadcast or cablecast commu- amended by striking ‘‘shall include’’ and in- shall not exceed 50 percent of the lowest nication described in subsection (a)(1) or sub- serting ‘‘includes a contribution or expendi- charge described in paragraph (1)(A) during— section (a)(2) shall include, in addition to the ture (as those terms are defined in section ‘‘(A) the 30 days preceding the date of a requirements of those subsections, an audio 301) and also includes’’. primary or primary runoff election in which statement that identifies the candidate and TITLE III—VOTER INFORMATION the candidate is opposed; and states that the candidate has approved the SEC. 301. FREE BROADCAST TIME. ‘‘(B) the 60 days preceding the date of a communication. Section 315 of the Communications Act of general or special election in which the can- ‘‘(2) If a broadcast or cablecast commu- 1934 (47 U.S.C. 315) is amended— didate is opposed. nication described in paragraph (1) is broad- (1) in subsection (a), in the third sentence, ‘‘(3) OTHER HOUSE CANDIDATES.—In the case cast or cablecast by means of television, the by striking ‘‘within the meaning of this sub- of a candidate for election for Member of, or communication shall include, in addition to section’’ and inserting ‘‘within the meaning Delegate or Resident Commissioner to, the the audio statement under paragraph (1), a of this subsection or subsection (c)’’; Congress who is not a clean money can- written statement which appears at the end (2) by redesignating subsections (c) and (d) didate, paragraph (1)(A) shall not apply. of the communication in a clearly readable as subsections (d) and (e), respectively; ‘‘(4) RATE CARDS.—A licensee shall provide manner with a reasonable degree of color (3) by inserting after subsection (b) the fol- to a candidate for Member of or Delegate or contrast between the background and the lowing: Resident Commissioner to the Congress a printed statement, for a period of at least 4 ‘‘(c) FREE BROADCAST TIME.— rate card that discloses— seconds. ‘‘(e) Any broadcast or cablecast commu- ‘‘(1) AMOUNT OF TIME.—A clean money can- ‘‘(A) the rate charged under this sub- didate shall be entitled to receive— section; and nication described in subsection (a)(3) shall ‘‘(A) 30 minutes of free broadcast time dur- ‘‘(B) the method that the licensee uses to include, in addition to the requirements of ing each of the primary election period and determine the rate charged under this sub- those subsections, in a clearly spoken man- the primary runoff election period; and section.’’. ner, the following statement: ‘llllllll is responsible for the con- ‘‘(B) 75 minutes of free broadcast time dur- (b) PREEMPTION.—Section 315 of the Com- ing the general election period and general munications Act of 1934 (47 U.S.C. 315) (as tent of this advertisement.’ (with the blank runoff election period. amended by section 301) is amended— to be filled in with the name of the political ‘‘(2) TIME DURING WHICH THE BROADCAST IS (1) by redesignating subsections (d) and (e) committee or other person paying for the SHOWN.—The broadcast time under paragraph as subsections (e) and (f), respectively; and communication and the name of any con- (1) shall be— (2) by inserting after subsection (c) the fol- nected organization of the payor). If broad- ‘‘(A) with respect to a television broadcast, lowing: cast or cablecast by means of television, the statement shall also appear in a clearly read- the time between 6:00 p.m. and 10:00 p.m. on ‘‘(d) PREEMPTION.— able manner with a reasonable degree of any day that falls on Monday through Fri- ‘‘(1) IN GENERAL.—Except as provided in day; paragraph (2), a licensee shall not preempt color contrast between the background and ‘‘(B) with respect to a radio broadcast, the the use of a broadcasting station by a legally the printed statement, for a period of at time between 7:00 a.m. and 9:30 a.m. or be- qualified candidate for Member of or Dele- least 4 seconds.’’. (b) REPORTING REQUIREMENTS FOR ISSUE tween 4:30 p.m. and 7:00 p.m. on any day that gate or Resident Commissioner to the Con- ADVERTISEMENTS.—Section 304 of the Federal falls on Monday through Friday; or gress who has purchased and paid for such Election Campaign Act of 1971 (2 U.S.C. 434) ‘‘(C) with respect to any broadcast, such use. (as amended by section 103) is amended by other time to which the candidate and broad- ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- adding at the end the following: caster may agree. CENSEE.—If a program to be broadcast by a ‘‘(e) ISSUE ADVERTISEMENTS.— ‘‘(3) MAXIMUM REQUIRED OF ANY STATION.— broadcasting station is preempted because of ‘‘(1) IN GENERAL.—A person that makes or The amount of free broadcast time that any circumstances beyond the control of the 1 station is required to make available to obligates to make a disbursement to pur- broadcasting station, any candidate adver- chase an issue advertisement shall file a re- any 1 clean money candidate during each of tising spot scheduled to be broadcast during the primary election period, primary runoff port with the Commission not later than 48 that program may also be preempted.’’. hours after making or obligating to make election period, and general election period (c) REVOCATION OF LICENSE FOR FAILURE TO shall not exceed 15 minutes.’’; and the disbursement, containing the following PERMIT ACCESS.—Section 312(a)(7) of the information— (4) in subsection (d) (as redesignated by Communications Act of 1934 (47 U.S.C. paragraph (1))— ‘‘(A) the amount of the disbursement; 312(a)(7)) is amended— ‘‘(B) the information required under sub- (A) by striking ‘‘and’’ at the end of para- (1) by striking ‘‘or repeated’’; graph (1); section (b)(3)(A) for each person that makes (2) by inserting ‘‘or cable system’’ after a contribution, in an aggregate amount of (B) by striking the period at the end of ‘‘broadcasting station’’; and paragraph (2) and inserting a semicolon, and $1,000 or greater in a calendar year, to the (3) by striking ‘‘his candidacy’’ and insert- by redesignating that paragraph as para- person who makes the disbursement; ing ‘‘the candidacy of the candidate, under graph (4); ‘‘(C) the name and address of the person the same terms, conditions, and business (C) by inserting after paragraph (1) the fol- making the disbursement; and practices as apply to the most favored adver- lowing: ‘‘(D) the purpose of the issue advertise- tiser of the licensee’’. ‘‘(2) the term ‘clean money candidate’ has ment. the meaning given in section 501 of the Fed- SEC. 303. CAMPAIGN ADVERTISING. ‘‘(2) DEFINITION OF ISSUE ADVERTISEMENT.— eral Election Campaign Act of 1971; (a) CONTENTS OF CAMPAIGN ADVERTISE- In this subsection, the term ‘issue advertise- ‘‘(3) the terms ‘general election period’ and MENTS.—Section 318 of the Federal Election ment’ means a communication through a ‘general runoff election period’ have the Campaign Act of 1971 (2 U.S.C. 441d) is broadcasting station, newspaper, magazine, meaning given in section 501 of the Federal amended— outdoor advertising facility, mailing, or any Election Campaign Act of 1971;’’; and (1) in subsection (a)— other type of general public political adver- (D) by adding at the end the following: (A) in the matter preceding paragraph (1)— tising— ‘‘(5) the term ‘primary election period’ has (i) by striking ‘‘Whenever’’ and inserting ‘‘(A) the purchase of which is not an inde- the meaning given in section 501 of the Fed- ‘‘Whenever a political committee makes a pendent expenditure or a contribution; eral Election Campaign Act of 1971; disbursement for the purpose of financing ‘‘(B) that contains the name or likeness of ‘‘(6) the term ‘private money candidate’ any communication through any broadcast- a candidate for Member of or Delegate or has the meaning given in section 501 of the ing station, newspaper, magazine, outdoor Resident Commissioner to the Congress; Federal Election Campaign Act of 1971; and advertising facility, mailing, or any other ‘‘(C) that is communicated during an elec- ‘‘(7) the term ‘primary runoff election pe- type of general public political advertising, tion year; and riod’ has the meaning given in section 501 of or whenever’’; and ‘‘(D) that recommends a position on a po- the Federal Election Campaign Act of 1971.’’. (ii) by striking ‘‘direct’’; and litical issue.’’. SEC. 302. BROADCAST RATES AND PREEMPTION. (B) in paragraph (3), by inserting ‘‘and per- SEC. 304. LIMIT ON CONGRESSIONAL USE OF THE (a) BROADCAST RATES.—Section 315(b) of manent street address’’ after ‘‘name’’; and FRANKING PRIVILEGE. the Communications Act of 1934 (47 U.S.C. (2) by adding at the end the following: Section 3210(a)(6) of title 39, United States 315(b)) is amended— ‘‘(c) Any printed communication described Code, is amended by striking subparagraph (1) by redesignating paragraphs (1) and (2) in subsection (a) shall be— (A) and inserting the following: as subparagraphs (A) and (B), respectively, ‘‘(1) of sufficient type size to be clearly ‘‘(A)(i) Except as provided in clause (ii), a and adjusting the margins accordingly; readable by the recipient of the communica- Member of Congress shall not mail any mass (2) by striking ‘‘The charges’’ and inserting tion; mailing as franked mail during the period the following: ‘‘(2) contained in a printed box set apart which begins on the first day of the primary ‘‘(1) IN GENERAL.—Except as provided in from the other contents of the communica- election period (as described in section paragraph (2), the charges’’; and tion; and 501(12) of the Federal Election Campaign Act (3) by adding at the end the following: ‘‘(3) consist of a reasonable degree of color of 1971) and ends on the date of the general ‘‘(2) CLEAN MONEY CANDIDATES.—In the case contrast between the background and the election for that office (other than any por- of a clean money candidate, the charges for printed statement. tion of such period between the date of the H3352 CONGRESSIONAL RECORD — HOUSE May 14, 1998

primary election and the first day of the gen- ical party shall not expend any amount to (1) IN GENERAL.—Section 315(a) of the Fed- eral election period), unless the Member has raise funds that are used, in whole or in part, eral Election Campaign Act of 1971 (2 U.S.C. made a public announcement that the Mem- to pay the costs of an activity described in 441a(a)) is amended by striking paragraph (3) ber will not be a candidate for reelection in paragraph (1) unless the amount is subject to and inserting the following: that year or for election to any other Fed- the limitations, prohibitions, and reporting ‘‘(3) OVERALL LIMITS.— eral office. requirements of this Act. ‘‘(A) INDIVIDUAL LIMIT.—No individual shall ‘‘(ii) A Member of Congress may mail a ‘‘(c) TAX-EXEMPT ORGANIZATIONS.—A na- make contributions during any calendar mass mailing as franked mail if— tional, State, district, or local committee of year that, in the aggregate, exceed $25,000. ‘‘(I) the purpose of the mailing is to com- a political party (including a national con- ‘‘(B) CALENDAR YEAR.—No individual shall municate information about a public meet- gressional campaign committee of a political make contributions during any calendar ing; and party) shall not solicit any funds for or make year— ‘‘(II) the content of the mailed matter in- any donations to an organization that is ex- ‘‘(i) to all candidates and their authorized cludes only the Representative’s name, and empt from Federal taxation under section political committees that, in the aggregate, the date, time, and place of the public meet- 501(a) of the Internal Revenue Code of 1986 exceed $25,000; or ing.’’. and that is described in section 501(c) of such ‘‘(ii) to all political committees estab- TITLE IV—SOFT MONEY OF POLITICAL Code. lished and maintained by State committees PARTY COMMITTEES ‘‘(d) CANDIDATES.— of a political party that, in the aggregate, ‘‘(1) IN GENERAL.—A candidate, individual SEC. 401. SOFT MONEY OF POLITICAL PARTY exceed $20,000. COMMITTEES. holding Federal office, or agent of a can- ‘‘(C) NONELECTION YEARS.—For purposes of Title III of the Federal Election Campaign didate or individual holding Federal office subparagraph (B)(i), any contribution made Act of 1971 (2 U.S.C. 431 et seq.) is amended shall not— to a candidate or the candidate’s authorized by adding at the end the following: ‘‘(A) solicit, receive, transfer, or spend political committees in a year other than ‘‘SEC. 324. SOFT MONEY OF PARTY COMMITTEES. funds in connection with an election for Fed- the calendar year in which the election is eral office unless the funds are subject to the held with respect to which the contribution ‘‘(a) NATIONAL COMMITTEES.—A national committee of a political party (including a limitations, prohibitions, and reporting re- is made shall be treated as being made dur- national congressional campaign committee quirements of this Act; ing the calendar year in which the election is of a political party but not including an en- ‘‘(B) solicit, receive, or transfer funds that held.’’. (c) DEFINITIONS.—Section 301 of the Federal tity regulated under subsection (b)) shall not are to be expended in connection with any Election Campaign Act of 1970 (2 U.S.C. 431) solicit or receive any contributions, dona- election other than a Federal election unless is amended by adding at the end the follow- tions, or transfers of funds, or spend any the funds— ‘‘(i) are not in excess of the amounts per- ing: funds, that are not subject to the limita- ‘‘(20) The term ‘generic campaign activity’ tions, prohibitions, and reporting require- mitted with respect to contributions to can- didates and political committees under sec- means a campaign activity that promotes a ments of this Act. political party and does not refer to any par- ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- tion 315(a) (1) and (2); and ticular Federal or non-Federal candidate. TEES.— ‘‘(ii) are not from sources prohibited by ‘‘(21) The term ‘State Party Grassroots ‘‘(1) IN GENERAL.—A State, district, or local this Act from making contributions with re- Fund’ means a separate segregated fund es- committee of a political party shall not ex- spect to an election for Federal office; or tablished and maintained by a State com- pend or disburse any amount during a cal- ‘‘(C) solicit, receive, or transfer any funds mittee of a political party solely for pur- endar year in which a Federal election is on behalf of any person that are not subject poses of making expenditures and other dis- held for any activity that might affect the to the limitations, prohibitions, and report- bursements described in section 326(d).’’. outcome of a Federal election, including but ing requirements of this Act if the funds are for use in financing any campaign-related (d) STATE PARTY GRASSROOTS FUNDS.— not limited to voter registration or get-out- Title III of the Federal Election Campaign the-vote activities and/or generic campaign activity or any communication that refers to a clearly identified candidate for Federal of- Act of 1971 (2 U.S.C. 431 et seq.) (as amended activities unless the amount is subject to the by section 401) is amended by adding at the limitations, prohibitions, and reporting re- fice. ‘‘(2) EXCEPTION.—Paragraph (1) does not end the following: quirements of this Act. ‘‘SEC. 325. STATE PARTY GRASSROOTS FUNDS. ‘‘(2) ACTIVITY EXCLUDED FROM PARAGRAPH apply to the solicitation or receipt of funds by an individual who is a candidate for a ‘‘(a) IN GENERAL.—A State committee of a (1).— political party shall only make disburse- ‘‘(A) IN GENERAL.—Paragraph (1) shall not State or local office if the solicitation or re- ceipt of funds is permitted under State law ments and expenditures from the commit- apply to an expenditure or disbursement tee’s State Party Grassroots Fund that are made by a State, district, or local committee for the individual’s State or local campaign committee. described in subsection (d). of a political party for— ‘‘(b) TRANSFERS.— ‘‘(e) DEFINITION OF COMMITTEE.—In this ‘‘(i) a contribution to a candidate for State ‘‘(1) IN GENERAL.—Notwithstanding section section, the term ‘committee of a political or local office if the contribution is not des- 315(a)(4), a State committee of a political party’ includes an entity that is directly or ignated or otherwise earmarked to pay for party shall not transfer any funds from the indirectly established, financed, maintained, an activity described in paragraph (1); committee’s State Party Grassroots Fund to or controlled by a party committee or its ‘‘(ii) the costs of a State, district, or local any other State Party Grassroots Fund or to agent, an entity acting on behalf of a party political convention; any other political committee, except as pro- committee, and an officer or agent acting on ‘‘(iii) the non-Federal share of a State, dis- vided in paragraph (2). behalf of any such committee or entity.’’. trict, or local party committee’s administra- ‘‘(2) EXCEPTION.—A committee of a politi- tive and overhead expenses (but not includ- SEC. 402. STATE PARTY GRASSROOTS FUNDS. cal party may transfer funds from the com- ing the compensation in any month of any (a) INDIVIDUAL CONTRIBUTIONS.—Section mittee’s State Party Grassroots Fund to a individual who spends more than 20 percent 315(a)(1) of the Federal Election Campaign district or local committee of the same po- of the individual’s time on activities during Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— litical party in the same State if the district the month that may affect the outcome of a (1) in subparagraph (B) by striking ‘‘or’’ at or local committee— Federal election), except that for purposes of the end; ‘‘(A) has established a separate segregated this paragraph, the non-Federal share of a (2) by redesignating subparagraph (C) as fund for the purposes described in subsection party committee’s administrative and over- subparagraph (D); and (d); and head expenses shall be determined by apply- (3) by inserting after subparagraph (B) the ‘‘(B) uses the transferred funds solely for ing the ratio of the non-Federal disburse- following: those purposes. ments to the total Federal expenditures and ‘‘(C) to— ‘‘(c) AMOUNTS RECEIVED BY GRASSROOTS non-Federal disbursements made by the ‘‘(i) a State Party Grassroots Fund estab- FUNDS FROM STATE AND LOCAL CANDIDATE committee during the previous presidential lished and maintained by a State committee COMMITTEES.— election year to the committee’s administra- of a political party in any calendar year ‘‘(1) IN GENERAL.—Any amount received by tive and overhead expenses in the election which, in the aggregate, exceed $20,000; a State Party Grassroots Fund from a State year in question; ‘‘(ii) any other political committee estab- or local candidate committee for expendi- ‘‘(iv) the costs of grassroots campaign ma- lished and maintained by a State committee tures described in subsection (d) that are for terials, including buttons, bumper stickers, of a political party in any calendar year the benefit of that candidate shall be treated and yard signs that name or depict only a which, in the aggregate, exceed $5,000; as meeting the requirements of 324(b)(1) and candidate for State or local office; and except that the aggregate contributions de- section 304(d) if— ‘‘(v) the cost of any campaign activity con- scribed in this subparagraph that may be ‘‘(A) the amount is derived from funds ducted solely on behalf of a clearly identified made by a person to the State Party Grass- which meet the requirements of this Act candidate for State or local office, if the can- roots Fund and all committees of a State with respect to any limitation or prohibition didate activity is not an activity described Committee of a political party in any State as to source or dollar amount specified in in paragraph (1). in any calendar year shall not exceed $20,000; section 315(a) (1)(A) and (2)(A)(i); and ‘‘(B) FUNDRAISING COSTS.—A national, or’’. ‘‘(B) the State or local candidate commit- State, district, or local committee of a polit- (b) LIMITS.— tee— May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3353 ‘‘(i) maintains, in the account from which required for political committees under sub- SEC. 502. AUDITS. payment is made, records of the sources and section (a).’’. (a) RANDOM AUDIT.—Section 311(b) of the amounts of funds for purposes of determining (b) BUILDING FUND EXCEPTION TO THE DEFI- Federal Election Campaign Act of 1971 (2 whether those requirements are met; and NITION OF CONTRIBUTION.—Section 301(8) of U.S.C. 438(b)) is amended— ‘‘(ii) certifies that the requirements were the Federal Election Campaign Act of 1971 (2 (1) by inserting ‘‘(1)’’ before ‘‘The Commis- met. U.S.C. 431(8)) is amended— sion’’; and ‘‘(2) DETERMINATION OF COMPLIANCE.—For (1) by striking clause (viii); and (2) by adding at the end the following: purposes of paragraph (1)(A), in determining (2) by redesignating clauses (ix) through ‘‘(2) RANDOM AUDITS.— whether the funds transferred meet the re- (xiv) as clauses (viii) through (xiii), respec- ‘‘(A) IN GENERAL.—Notwithstanding para- quirements of this Act described in para- tively. graph (1), after every primary, general, and graph (1)(A)— (c) REPORTS BY STATE COMMITTEES.—Sec- runoff election, the Commission may con- ‘‘(A) a State or local candidate commit- tion 304 of the Federal Election Campaign duct random audits and investigations to en- tee’s cash on hand shall be treated as con- Act of 1971 (2 U.S.C. 434) (as amended by sub- sure voluntary compliance with this Act. sisting of the funds most recently received section (a)) is amended by adding at the end ‘‘(B) SELECTION OF SUBJECTS.—The subjects by the committee; and the following: of audits and investigations under this para- ‘‘(B) the committee must be able to dem- ‘‘(g) FILING OF STATE REPORTS.—In lieu of graph shall be selected on the basis of impar- onstrate that its cash on hand contains funds any report required to be filed by this Act, tial criteria established by a vote of at least meeting those requirements sufficient to the Commission may allow a State commit- 4 members of the Commission. tee of a political party to file with the Com- cover the transferred funds. ‘‘(C) EXCLUSION.—This paragraph does not mission a report required to be filed under ‘‘(3) REPORTING.—Notwithstanding para- apply to an authorized committee of a can- State law if the Commission determines that graph (1), any State Party Grassroots Fund didate for President or Vice President sub- such reports contain substantially the same that receives a transfer described in para- ject to audit under chapter 95 or 96 of the In- information.’’. graph (1) from a State or local candidate ternal Revenue Code of 1986.’’. (d) OTHER REPORTING REQUIREMENTS.— committee shall be required to meet the re- (1) AUTHORIZED COMMITTEES.—Section SEC. 503. AUTHORITY TO SEEK INJUNCTION. porting requirements of this Act, and shall 304(b)(4) of the Federal Election Campaign Section 309(a) of the Federal Election Cam- submit to the Commission all certifications Act of 1971 (2 U.S.C. 434(b)(4)) is amended— paign Act of 1971 (2 U.S.C. 437g(a)) is amend- received, with respect to receipt of the trans- (A) by striking ‘‘and’’ at the end of sub- ed— fer from the candidate committee. paragraph (H); (1) by adding at the end the following: ‘‘(d) DISBURSEMENTS AND EXPENDITURES.— (B) by inserting ‘‘and’’ at the end of sub- ‘‘(13) AUTHORITY TO SEEK INJUNCTION.— A State committee of a political party may paragraph (I); and ‘‘(A) IN GENERAL.—If, at any time in a pro- make disbursements and expenditures from (C) by adding at the end the following: ceeding described in paragraph (1), (2), (3), or its State Party Grassroots Fund only for— ‘‘(J) in the case of an authorized commit- (4), the Commission believes that— ‘‘(1) any generic campaign activity; tee, disbursements for the primary election, ‘‘(i) there is a substantial likelihood that a ‘‘(2) payments described in clauses (v), (ix), the general election, and any other election violation of this Act is occurring or is about and (xi) of paragraph (8)(B) and clauses (iv), in which the candidate participates;’’. to occur; (viii), and (ix) of paragraph (9)(B) of section (2) NAMES AND ADDRESSES.—Section ‘‘(ii) the failure to act expeditiously will 301; 304(b)(5)(A) of the Federal Election Campaign result in irreparable harm to a party affected ‘‘(3) subject to the limitations of section Act of 1971 (2 U.S.C. 434(b)(5)(A)) is amended by the potential violation; 315(d), payments described in clause (xii) of by striking ‘‘operating expense’’ and insert- ‘‘(iii) expeditious action will not cause paragraph (8)(B), and clause (ix) of paragraph ing ‘‘operating expenditure, and the election undue harm or prejudice to the interests of (9)(B), of section 301 on behalf of candidates to which the operating expenditure relates’’. others; and other than for President and Vice President; TITLE V—RESTRUCTURING AND ‘‘(iv) the public interest would be best ‘‘(4) voter registration; and served by the issuance of an injunction; ‘‘(5) development and maintenance of voter STRENGTHENING OF THE FEDERAL the Commission may initiate a civil action files during an even-numbered calendar year. ELECTION COMMISSION for a temporary restraining order or prelimi- ‘‘(e) DEFINITION.—In this section, the term SEC. 501. APPOINTMENT AND TERMS OF COMMIS- nary injunction pending the outcome of pro- ‘State or local candidate committee’ means SIONERS. ceedings under paragraphs (1), (2), (3), and a committee established, financed, main- (a) IN GENERAL.—Section 306(a) of the Fed- (4). tained, or controlled by a candidate for other eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(B) VENUE.—An action under subpara- than Federal office.’’. 437c(a)) is amended— (1) in paragraph (1)— graph (A) shall be brought in the United SEC. 403. REPORTING REQUIREMENTS. (A) by striking ‘‘(1) There is established’’ States district court for the district in which (a) REPORTING REQUIREMENTS.—Section 304 and inserting ‘‘(1)(A) There is established’’; the defendant resides, transacts business, or of the Federal Election Campaign Act of 1971 (B) by striking the second sentence and in- may be found, or in which the violation is (2 U.S.C. 434) (as amended by section 303(b)) serting the following: occurring, has occurred, or is about to is amended by adding at the end the follow- ‘‘(B) COMPOSITION OF COMMISSION.—The occur.’’; ing: Commission is composed of 6 members ap- (2) in paragraph (7), by striking ‘‘(5) or (6)’’ ‘‘(f) POLITICAL COMMITTEES.— pointed by the President, by and with the ad- and inserting ‘‘(5), (6), or (13)’’; and ‘‘(1) NATIONAL AND CONGRESSIONAL POLITI- vice and consent of the United States Sen- (3) in paragraph (11), by striking ‘‘(6)’’ and CAL COMMITTEES.—The national committee of ate, and 1 member appointed by the Presi- inserting ‘‘(6) or (13)’’. a political party, any congressional cam- dent from among persons recommended by SEC. 504. STANDARD FOR INVESTIGATION. paign committee of a political party, and the Commission as provided in subparagraph Section 309(a)(2) of the Federal Election any subordinate committee of either, shall (D).’’; Campaign Act of 1971 (2 U.S.C. 437f(a)(2)) is report all receipts and disbursements during (C) by striking ‘‘No more than’’ and insert- amended by striking ‘‘reason to believe the reporting period, whether or not in con- ing the following: that’’ and inserting ‘‘reason to open an in- nection with an election for Federal office. ‘‘(C) PARTY AFFILIATION.—Not more than’’; vestigation on whether’’. ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH and SEC. 505. PETITION FOR CERTIORARI. SECTION 324 APPLIES.—A political committee (D) by adding at the end the following: to which section 324(b)(1) applies shall report ‘‘(D) NOMINATION BY COMMISSION OF ADDI- Section 307(a)(6) of the Federal Election all receipts and disbursements made for ac- TIONAL MEMBER.— Campaign Act of 1971 (2 U.S.C. 437d(a)) is tivities described in section 324(b) (1) and ‘‘(i) IN GENERAL.—The members of the amended by inserting ‘‘(including a proceed- (2)(A)(iii). Commission shall recommend to the Presi- ing before the Supreme Court on certiorari)’’ ‘‘(3) OTHER POLITICAL COMMITTEES.—Any dent, by a vote of 4 members, 3 persons for after ‘‘appeal’’. political committee to which paragraph (1) the appointment to the Commission. SEC. 506. EXPEDITED PROCEDURES. or (2) does not apply shall report any re- ‘‘(ii) VACANCY.—On vacancy of the position Section 309(a) of the Federal Election Cam- ceipts or disbursements that are used in con- of the member appointed under this subpara- paign Act of 1971 (2 U.S.C. 437g(a)) (as amend- nection with a Federal election. graph, a member shall be appointed to fill ed by section 503) is amended by adding at ‘‘(4) ITEMIZATION.—If a political committee the vacancy in the same manner as provided the end the following: has receipts or disbursements to which this in clause (i).’’; and ‘‘(14) EXPEDITED PROCEDURE.— subsection applies from any person aggregat- (2) in paragraphs (3) and (4), by striking ‘‘(A) 60 DAYS BEFORE A GENERAL ELECTION.— ing in excess of $200 for any calendar year, ‘‘(other than the Secretary of the Senate and If the complaint in a proceeding was filed the political committee shall separately the Clerk of the House of Representatives)’’. within 60 days before the date of a general itemize its reporting for the person in the (b) TRANSITION RULE.—Not later than 90 election, the Commission may take action same manner as required in paragraphs days after the date of enactment of this Act, described in this subparagraph. (3)(A), (5), and (6) of subsection (b). the Commission shall recommend persons for ‘‘(B) RESOLUTION BEFORE AN ELECTION.—If ‘‘(5) REPORTING PERIODS.—Reports required appointment under section 306(a)(1)(D) of the the Commission determines, on the basis of to be filed under this subsection shall be Federal Election Campaign Act of 1971, as facts alleged in the complaint and other filed for the same time periods as reports are added by subsection (a)(1)(D). facts available to the Commission, that H3354 CONGRESSIONAL RECORD — HOUSE May 14, 1998 there is clear and convincing evidence that a vision or amendment to any person or cir- a Democratic or Republican party office- violation of this Act has occurred, is occur- cumstance, is held to be unconstitutional, holder or candidate; or ring, or is about to occur and it appears that the remainder of this Act and amendments (C) has provided substantial volunteer the requirements for relief stated in clauses made by this Act, and the application of the services or made any substantial contribu- (ii), (iii), and (iv) of paragraph (13)(A) are provisions and amendment to any person or tion to the Democratic or Republican party met, the Commission may— circumstance, shall not be affected by the or to a Democratic or Republican party of- ‘‘(i) order expedited proceedings, shorten- holding. fice-holder or candidate. ing the time periods for proceedings under SEC. 602. REVIEW OF CONSTITUTIONAL ISSUES. (c) CHAIRMAN.—At the time of the appoint- paragraphs (1), (2), (3), and (4) as necessary to An appeal may be taken directly to the Su- ment, the President shall designate one allow the matter to be resolved in sufficient preme Court of the United States from any member of the Commission as Chairman of time before the election to avoid harm or final judgment, decree, or order issued by the Commission. prejudice to the interests of the parties; or any court ruling on the constitutionality of (d) TERMS.—The members of the Commis- ‘‘(ii) if the Commission determines that any provision of this Act or amendment sion shall serve for the life of the Commis- there is insufficient time to conduct proceed- made by this Act. sion. ings before the election, immediately seek SEC. 603. EFFECTIVE DATE. (e) VACANCIES.—A vacancy in the Commis- relief under paragraph (13)(A). This Act and the amendments made by sion shall be filled in the manner in which ‘‘(C) MERITLESS COMPLAINTS.—If the Com- this Act shall take effect on January 1, 1999. the original appointment was made. (f) POLITICAL AFFILIATION.—Not more than mission determines, on the basis of facts al- H.R. 2183 leged in the complaint and other facts avail- 4 members of the Commission may be of the able to the Commission, that the complaint OFFERED BY MR. WHITE OF WASHINGTON same political party. is clearly without merit, the Commission (Amendment in the Nature of a Substitute) SEC. 4. POWERS OF COMMISSION. may— AMENDMENT NO. 16: Strike all after the en- (a) HEARINGS.—The Commission may, for ‘‘(i) order expedited proceedings, shorten- acting clause and insert the following: the purpose of carrying out this Act, hold ing the time periods for proceedings under SECTION 1. SHORT TITLE. hearings, sit and act at times and places, paragraphs (1), (2), (3), and (4) as necessary to This Act may be cited as the ‘‘Independent take testimony, and receive evidence as the allow the matter to be resolved in sufficient Commission on Campaign Finance Reform Commission considers appropriate. In carry- time before the election to avoid harm or Act of 1998’’. ing out the preceding sentence, the Commis- prejudice to the interests of the parties; or SEC. 2. ESTABLISHMENT AND PURPOSE OF COM- sion shall ensure that a substantial number ‘‘(ii) if the Commission determines that MISSION. of its meetings are open meetings, with sig- there is insufficient time to conduct proceed- There is established a commission to be nificant opportunities for testimony from ings before the election, summarily dismiss known as the ‘‘Independent Commission on members of the general public. the complaint.’’. Campaign Finance Reform’’ (referred to in (b) QUORUM.—Seven members of the Com- SEC. 507. FILING OF REPORTS USING COMPUT- this Act as the ‘‘Commission’’). The purposes mission shall constitute a quorum, but a ERS AND FACSIMILE MACHINES. of the Commission are to study the laws re- lesser number may hold hearings. The ap- Section 302(g) of the Federal Election Cam- lating to the financing of political activity proval of at least 9 members of the Commis- paign Act of 1971 (2 U.S.C. 432(g)) is amended and to report and recommend legislation to sion is required when approving all or a por- by adding at the end the following: reform those laws. tion of the recommended legislation. Any ‘‘(5) FILING OF REPORTS USING COMPUTERS SEC. 3. MEMBERSHIP OF COMMISSION. member of the Commission may, if author- AND FACSIMILE MACHINES .— (a) COMPOSITION.—The Commission shall be ized by the Commission, take any action ‘‘(A) COMPUTERS.—The Commission shall composed of 12 members appointed within 15 which the Commission is authorized to take issue a regulation under which a person re- days after the date of the enactment of this under this section. quired to file a designation, statement, or re- Act by the President from among individuals SEC. 5. ADMINISTRATIVE PROVISIONS. port under this Act— who are not incumbent Members of Congress (a) PAY AND TRAVEL EXPENSES OF MEM- ‘‘(i) is required to maintain and file the and who are specially qualified to serve on BERS.—(1) Each member of the Commission designation, statement, or report for any the Commission by reason of education, shall be paid at a rate equal to the daily calendar year in electronic form accessible training, or experience. equivalent of the annual rate of basic pay by computers if the person has, or has reason (b) APPOINTMENT.— payable for level IV of the Executive Sched- to expect to have, aggregate contributions or (1) IN GENERAL.—Members shall be ap- ule under section 5315 of title 5, United expenditures in excess of a threshold amount pointed as follows: States Code, for each day (including travel determined by the Commission; and (A) 3 members (one of whom shall be a po- time) during which the member is engaged in ‘‘(ii) may maintain and file the designa- litical independent) shall be appointed from the actual performance of duties vested in tion, statement, or report in that manner if among a list of nominees submitted by the the Commission. not required to do so under a regulation Speaker of the House of Representatives. (2) Members of the Commission shall re- under clause (i). (B) 3 members (one of whom shall be a po- ceive travel expenses, including per diem in ‘‘(B) FACSIMILE MACHINES.—The Commis- litical independent) shall be appointed from lieu of subsistence, in accordance with sec- sion shall prescribe a regulation that allows among a list of nominees submitted by the tions 5702 and 5703 of title 5, United States a person to file a designation, statement, or majority leader of the Senate. Code. report required by this Act through the use (C) 3 members (one of whom shall be a po- (b) STAFF DIRECTOR.—The Commission of a facsimile machine. litical independent) shall be appointed from shall, without regard to section 5311(b) of ‘‘(C) VERIFICATION.—In a regulation under among a list of nominees submitted by the title 5, United States Code, appoint a staff this paragraph, the Commission shall pro- minority leader of the House of Representa- director, who shall be paid at the rate of vide methods (other than requiring a signa- tives. basic pay payable for level IV of the Execu- ture on the document being filed) for verify- (D) 3 members (one of whom shall be a po- tive Schedule under section 5315 of title 5, ing a designation, statement, or report. Any litical independent) shall be appointed from United States Code. document verified under any of the methods among a list of nominees submitted by the (c) STAFF OF COMMISSION; SERVICES.— shall be treated for all purposes (including minority leader of the Senate. (1) IN GENERAL.—With the approval of the penalties for perjury) in the same manner as (2) FAILURE TO SUBMIT LIST OF NOMINEES.— Commission, the staff director of the Com- a document verified by signature. If an official described in any of the subpara- mission may appoint and fix the pay of addi- ‘‘(D) COMPATIBILITY OF SYSTEMS.—The Sec- graphs of paragraph (1) fails to submit a list tional personnel. The Director may make retary of the Senate shall ensure that any of nominees to the President during the 15- such appointments without regard to the computer or other system that the Secretary day period which begins on the date of the provisions of title 5, United States Code, gov- may develop and maintain to receive des- enactment of this Act— erning appointments in the competitive ignations, statements, and reports in the (A) such subparagraph shall no longer service, and any personnel so appointed may forms required or permitted under this para- apply; and be paid without regard to the provisions of graph is compatible with any system that (B) the President shall appoint 3 members chapter 51 and subchapter III of chapter 53 of the Commission may develop and main- (one of whom shall be a political independ- that title relating to classification and Gen- tain.’’. ent) who meet the requirements described in eral Schedule pay rates, except that an indi- SEC. 508. POWER TO ISSUE SUBPOENA WITHOUT subsection (a) and such other criteria as the vidual so appointed may not receive pay in SIGNATURE OF CHAIRPERSON. President may apply. excess of the maximum annual rate of basic Section 307(a)(3) of the Federal Election (3) POLITICAL INDEPENDENT DEFINED.—In pay payable for grade GS–15 of the General Campaign Act of 1971 (2 U.S.C. 437d(a)(3)) is this subsection, the term ‘‘political inde- Schedule under section 5332 of title 5, United amended by striking ‘‘, signed by the chair- pendent’’ means an individual who at no States Code. man or the vice chairman,’’. time after January 1992— (2) EXPERTS AND CONSULTANTS.—The Com- TITLE VI—MISCELLANEOUS PROVISIONS (A) has held elective office as a member of mission may procure by contract the tem- SEC. 601. SEVERABILITY. the Democratic or Republican party; porary or intermittent services of experts or If any provision of this Act or amendment (B) has received any wages or salary from consultants pursuant to section 3109 of title made by this Act, or the application of a pro- the Democratic or Republican party or from 5, United States Code. May 14, 1998 CONGRESSIONAL RECORD — HOUSE H3355 SEC. 6. REPORT AND RECOMMENDED LEGISLA- (2) Eliminating the disproportionate influ- tions and appeals in connection with the leg- TION. ence of special interest financing of Federal islation, shall be limited to not more than 10 (a) REPORT.—Not later than the expiration elections. hours, divided equally between those favor- of the 180-day period which begins on the (3) Creating a more equitable electoral sys- ing and those opposing the legislation; date on which the second session of the One tem for challengers and incumbents. (B) debate on the legislation in the Senate, Hundred Fifth Congress adjourns sine die, SEC. 7. EXPEDITED CONGRESSIONAL CONSIDER- and on all debatable motions and appeals in the Commission shall submit to the Presi- ATION OF LEGISLATION. connection with the legislation, shall be lim- dent, the Speaker and minority leader of the (a) IN GENERAL.—If any legislation is intro- ited to not more than 10 hours, divided House of Representatives, and the majority duced the substance of which implements a equally between those favoring and those op- and minority leaders of the Senate a report recommendation of the Commission submit- posing the legislation; and of the activities of the Commission. ted under section 6(b) (including a joint reso- (C) debate in the Senate on any single de- (b) RECOMMENDATIONS; DRAFT OF LEGISLA- lution proposing an amendment to the Con- batable motion and appeal in connection TION.—The report under subsection (a) shall include any recommendations for changes in stitution), subject to subsection (b), the pro- with the legislation shall be limited to not the laws (including regulations) governing visions of section 2908 (other than subsection more than 1 hour, divided equally between the financing of political activity, including (a)) of the Defense Base Closure and Realign- the mover and the manager of the bill (ex- any changes in the rules of the Senate or the ment Act of 1990 shall apply to the consider- cept that in the event the manager of the House of Representatives, to which 9 or more ation of the legislation in the same manner bill is in favor of any such motion or appeal, members of the Commission may agree, to- as such provisions apply to a joint resolution the time in opposition thereto shall be con- gether with drafts of— described in section 2908(a) of such Act. trolled by the minority leader or his des- (1) any legislation (including technical and (b) SPECIAL RULES.—For purposes of apply- ignee), and the majority and minority leader conforming provisions) recommended by the ing subsection (a) with respect to such provi- may each allot additional time from time Commission to implement such rec- sions, the following rules shall apply: under such leader’s control to any Senator ommendations; and (1) Any reference to the Committee on during the consideration of any debatable (2) any proposed amendment to the Con- Armed Services of the House of Representa- motion or appeal. tives shall be deemed a reference to the Com- stitution recommended by the Commission SEC. 8. TERMINATION. as necessary to implement such rec- mittee on House Oversight of the House of ommendations, except that if the Commis- Representatives and any reference to the The Commission shall cease to exist 90 sion includes such a proposed amendment in Committee on Armed Services of the Senate days after the date of the submission of its its report, it shall also include recommenda- shall be deemed a reference to the Commit- report under section 6. tions (and drafts) for legislation which may tee on Rules and Administration of the Sen- be implemented prior to the adoption of such ate. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. proposed amendment. (2) Any reference to the date on which the There are authorized to be appropriated to (c) GOALS OF RECOMMENDATIONS AND LEGIS- President transmits a report shall be deemed the Commission such sums as are necessary LATION.—In making recommendations and a reference to the date on which the rec- to carry out its duties under this Act. preparing drafts of legislation under this sec- ommendation involved is submitted under tion, the Commission shall consider the fol- section 6(b). Amend the title so as to read: ‘‘A bill to es- lowing to be its primary goals: (3) Notwithstanding subsection (d)(2) of tablish the Independent Commission on (1) Encouraging fair and open Federal elec- section 2908 of such Act— Campaign Finance Reform to recommend re- tions which provide voters with meaningful (A) debate on the legislation in the House forms in the laws relating to the financing of information about candidates and issues. of Representatives, and on all debatable mo- political activity.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, MAY 14, 1998 No. 61 Senate (Legislative day of Wednesday, May 13, and Thursday, May 14, 1998)

The Senate met at 9:30 a.m., on the May this be our will, and let us say pay tribute to a former Member of Con- expiration of the recess and was called Amen. gress or former Member of the U.S. to order by the President pro tempore f Senate who has passed away, talking [Mr. THURMOND]. about their career and their contribu- RECOGNITION OF THE ACTING tions to our country. PRAYER MAJORITY LEADER Today I rise to pay tribute to a The guest Chaplain, Rabbi Sidney The PRESIDENT pro tempore. The former Member of Congress from my Guthman, of V.A. Medical Center, Long able acting majority leader is recog- State of Mississippi who will reach his Beach, CA, offered the following pray- nized. 95th birthday on Saturday. Thomas er: f Gerstle Abernethy is the last surviving Our God and God of our ancestors, we member of our State’s delegation of his ask Your blessings for our country, for SCHEDULE generation that was very distin- its government, for its leaders and ad- Mr. ALLARD. Mr. President, for the guished, indeed, and included in the visors, and for all who exercise just and information of all Senators, this morn- House of Representatives: Jamie Whit- rightful authority. ing the Senate will begin a period of ten, Frank Smith, Arthur Winstead, Creator of all flesh, bless all the in- morning business until 10:30 a.m. Fol- John Bell Williams, and Bill Colmer. In habitants of our land with Your Spirit. lowing morning business, the Senate the Senate at that time, Jim Eastland May citizens of all races and creeds will resume consideration of the De- and John Stennis represented our forge a common bond in true harmony partment of Defense authorization bill. State. to banish all hatred and bigotry and to It is hoped that Senators will come to For 30 years, Thomas Abernethy was safeguard the ideals and free institu- the floor to debate this important piece viewed as a prominent and influential tions which are the pride and glory of of legislation and offer amendments Member of Congress from our State, our Nation. under short time agreements. Members and indeed he was. He was a member of May this land under Your Providence should expect rollcall votes throughout the Agriculture Committee. He was not be an influence for good throughout the day’s session in an attempt to reticent or bashful in any way. He the world, uniting all people in peace make good progress on the defense bill. often spoke on the floor of the House and freedom and helping to fulfill the Also, the Senate has reached time on a wide and varied range of subjects, vision of Your prophet: ‘‘Nation shall agreements with respect to the Abra- with intelligence, energy, and in a con- not lift up sword against nation, nei- ham immigration bill and the WIPO scientious way to serve the interests of ther shall they experience war any- copyright treaty legislation, and those our State. He truly was an influence in more.’’—Isaiah 2:4. bills could be considered during today’s national affairs in the Congress. Sovereign of the universe, may it be session. He was born in Eupora, MS, on May Your will that our land should be a I thank my colleagues for their at- 16, 1903. He attended the University of blessing to all the inhabitants of the tention. Alabama and the University of Mis- globe. Cause friendship and freedom to f sissippi and graduated from the Law dwell among all peoples. Vouchsafe Department of Cumberland University unto us, O Lord, wisdom equal to our MORNING BUSINESS in Lebanon, TN, in 1924. He was admit- strength and courage equal to our re- The PRESIDING OFFICER (Mr. ted to practice law in the State of Mis- sponsibilities, to the end that our Na- BROWNBACK). Under the previous order, sissippi that same year and began prac- tion may lead the world in the ad- there will now be a period for the tice in his hometown of Eupora in 1925. vancement and fulfillment of human transaction of morning business. He was elected mayor of Eupora in welfare. The able Senator from Mississippi is 1927. Then in 1929 he moved to Okolona, May all nations become aware of recognized. MS. He continued to practice law their common unity and may all the f there, was elected district attorney, peoples of the world be united in the the prosecuting attorney for several bonds of brotherhood before You, Fa- CONGRATULATIONS THOMAS counties in that part of the State of ther of all. ‘‘All those who trust in the GERSTLE ABERNETHY Mississippi, in 1936. He served until he Lord will renew their strength.’’—Isa- Mr. COCHRAN. Mr. President, often was elected to Congress in 1942. That iah 40:31. we rise on the floor of the Senate to was the 78th Congress that convened on

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

S4845 S4846 CONGRESSIONAL RECORD — SENATE May 14, 1998

January 3, 1943, a turbulent time in the Colorado, Mr. ALLARD, is recognized to is only paid if the investor chooses to history of our country. For three dec- speak for up to 15 minutes. sell the asset. If taxes are high, the in- ades, until his retirement in 1973, f vestor can hold on to the asset for Thomas Abernethy served with distinc- years. But when taxes are dropped REDUCTION IN THE CAPITAL tion as a member of our House delega- down, lowered, investors will often de- GAINS TAX tion. cide to sell the assets and realize the One of the highlights of his career po- Mr. ALLARD. Mr. President, earlier capital gain. litically came very soon after he was this year, I introduced S. 1635, legisla- History confirms this pattern. In elected to Congress. Our State, during tion to reduce the capital gains tax to 1978, when the capital gains tax rate the census of 1950, was reapportioned 14 percent and to provide indexing of was reduced from 40 percent to 28 per- and lost a Member of Congress. He was capital gains. cent, capital realizations increased by put in a congressional district by the This legislation builds on last year’s 50 percent and tax receipts increased. State legislature’s reapportionment tax bill, which moved the capital gains In fact, it was done at that particular plan, with one of the most senior and rate down from 28 percent to 20 per- point in our country’s history to stim- best known members of the State’s del- cent. Last year’s tax change was a good ulate the economy. egation at that time, John Rankin. first step, but I favor a more aggressive In 1981, Congress and President Many expected that John Rankin approach to tax reform. Reagan further reduced the capital would defeat Tom Abernethy in the The U.S. level of tax on capital has gains tax rate to 20 percent. Once Democratic primary in 1952. But as it been among the highest in the world. I again, capital realizations increased turned out, Tom Abernethy won that am dedicated to seeing that it becomes dramatically. And by 1983, they were race and he served for 20 more years as one of the lowest in the world. A low again up by 50 percent. In fact, during a member of our House delegation. rate of tax will encourage capital in- the period from 1978 to 1983, capital He retired the same year that I was vestment, economic growth, and job gains tax rates were cut in half. But by elected to the House with two other creation. the end of the period, the Federal Gov- new Members of our House delegation— This is no time for the United States ernment was receiving twice as much David Bowen, who replaced Tom to sit on its lead; We must continue to revenue from capital gains taxes. I would like to emphasize that point Abernethy; and TRENT LOTT, who re- ensure that America is the premier lo- placed the retiring Bill Colmer. cation in the world to do business. A by turning to a chart which compares Interestingly enough, Tom low capital gains tax will help our the level of capital gains tax with tax Abernethy became a close friend and economy, but it will also help Ameri- revenue over a 20-year period, running advisor to me. I sought his advice on ca’s families by reducing their tax bur- from 1976 and projecting out to the end matters involving agriculture, the den. of 1997. As the chart clearly shows, the Natchez Trace Parkway, and other Mr. President, the profile of the aver- tax rate was cut in half between 1997 issues of importance to me and to our age stock market investor is changing and 1983, right in this time period here, State. I always found his advice and rapidly. To make this point, I would and the revenues more than doubled, counsel very valuable and helpful. like to refer now to a chart that out- from $9 billion in 1978 to nearly $19 bil- When I became a candidate in 1978 for lines the tremendous growth in stock lion by 1983. This was not a temporary the Senate, Tom Abernethy continued ownership among middle class Ameri- blip. As the chart shows, revenues con- to be my friend and advisor, for which cans. This reflects a recent study com- tinued to rise through the 1980s. The underlying point is proven dra- I was very grateful. I will always recall missioned by the NASDAQ stock mar- matically, I think, in 1986. What hap- accompanying him to his hometown of ket, which determined that 43 percent pened in 1986 is this: Congress voted to Okolona during that campaign, meet- of adult Americans now invest in the increase the capital gains tax to 28 per- ing with friends of mine and his who stock market. This is double the level of just 7 years ago. cent. This was a 40 percent increase in had decided to become active in my the tax rate then in place. But the new, campaign for the Senate. I could tell Investing is no longer the exclusive province of the elderly, affluent, or higher rate was delayed until January that he enjoyed that occasion. I en- 1 of 1987. What we saw then was a mas- joyed it very much too and benefited male. A majority of the investors are under 50 years of age, 47 percent of the sive sale of assets through 1986, while greatly from his support throughout the rate was still 20 percent. Investors investors are women, and half of the that campaign. rushed to sell their assets before the investors are not even college grad- Today, I’m pleased to advise the U.S. higher 28 percent went into effect. Senate that Tom Abernethy is going to uates. Most working-age investors de- If we look again at the chart, we find be celebrating his 95th birthday on Sat- scribe themselves as blue- or white-col- that capital gains revenues, after 1986, urday. I encourage those who remem- lar workers rather than managers or began a nearly 5-year decline. In fact, ber him as I do and appreciate him as professionals. I think that this rather despite the much higher tax rate, by I do to wish him well on his birthday dramatically reflects the change in the 1991, capital gains revenues were actu- on Saturday. I congratulate him for his makeup of the investor on the stock ally at their lowest level since 1984. conscientious and effective service to market. Mr. President, the pattern should be our State and our Nation as a distin- In addition to investing in the stock clear by now. But I would like us to guished Member of Congress and as a market, millions of Americans own take one more look at this issue by re- wise and valued citizen in his role as a small businesses and farms, and they viewing the revenue estimates associ- former Member of Congress. certainly feel the impact of any tax on ated with last year’s cut in the capital Mr. President, I suggest the absence capital assets. gains tax rate. Any time Congress con- of a quorum. Mr. President, while a cut in the cap- siders tax changes, it is required to es- The PRESIDING OFFICER. The ital gains tax rate would help investors timate the revenue impact of those clerk will call the roll. and their families, it is also likely to changes. This task falls principally on The assistant legislative clerk pro- increase tax revenues. At first, this the Joint Committee on Taxation, ceeded to call the roll. may seem odd, but there are two prin- which relies on data compiled by the Mr. ALLARD. Mr. President, I ask cipal reasons that a cut in capital Congressional Budget Office. Current unanimous consent that the order for gains taxes increases revenues. First, law requires revenue estimates to the quorum call be rescinded. there is the short-term incentive to stretch 10 years into the future. The PRESIDING OFFICER. Without sell more capital assets. Second is the Last year, when Congress proposed to objection, it is so ordered. long-term progrowth benefit from a cut the capital gains rate from 28 to 20 Mr. ALLARD. Mr. President, it is my capital-friendly tax policy. percent, the Joint Committee on Tax- understanding that I have been allo- Let me first discuss the short-term ation submitted its revenue estimate. cated 15 minutes this morning for com- incentive to sell more assets. In order Despite forecasting an initial pick up ments under morning business. to understand this concept, one has to in revenue due to greater realizations, The PRESIDING OFFICER. Under first recognize that the capital gains JCT forecast a 10 year revenue loss the previous order, the Senator from tax is largely a voluntary tax; the tax from the rate cut of $21 billion. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4847 The JCT and CBO estimates now ap- Admittedly, all of this is difficult to PRIVILEGE OF THE FLOOR pear to have dramatically underesti- measure. However, I would like to see Mr. SMITH of Oregon. I also ask mated the strength of the economy and some attempt made to include these unanimous consent that my assistant, the positive response to the tax rate factors in revenue models. Lourdes Agosto, be allowed floor privi- cut. At a minimum they should be ap- leges while I give this speech. The JCT forecast last July that cap- pended to the official revenue esti- The PRESIDING OFFICER. Without ital gains revenue for 1998 would be $57 mates. This would give Congress a objection, it is so ordered. billion after the rate cut. more complete picture of the impact of Mr. SMITH of Oregon. I thank the Again, this is reflected here on the tax changes on revenues. Chair. chart projecting a much lower impact, As I review the issue of capital gains (The remarks of Mr. SMITH of Oregon actually a loss that we will end up tax revenues I am struck by several pertaining to the introduction of S. with. In the shaded area over here with things. 2079 are located in today’s RECORD the lines drawn we see a dramatic in- First, capital gains tax rate cuts do under ‘‘Statements on Introduced Bills crease in revenue that happened to the not appear to cost the government rev- and Joint Resolutions.’’) Federal Government, just contrary to enue, and may in fact increase revenue Mr. SMITH of Oregon. Mr. President, what our ‘‘budgeteers’’ were projecting rather dramatically. I thank you for the time and yield back when we initiated the capital gains re- Second, the current revenue estimat- the floor. duction in rate. ing model should be updated to reflect I note the absence of a quorum. Recently, I contacted the CBO and evidence that the model exaggerates The PRESIDING OFFICER. The JCT to determine how the forecast was losses from rate cuts, and also exagger- clerk will call the roll. holding up. ates the gains from tax rate hikes. The legislative clerk proceeded to The Congressional Budget Office is call the roll. now anticipating that both the 1997 and In addition, some attempt should be Mr. DEWINE. Mr. President, I ask 1998 capital gains realizations will be made to measure the impact of tax unanimous consent that the order for much higher than previously thought. changes on the level of economic per- the quorum call be rescinded. It is therefore reasonable to assume formance. The PRESIDING OFFICER. Without that even with a lower tax rate, capital Third, less emphasis should be placed objection, it is so ordered. Under the gains tax revenues for 1997 and 1998 will on the revenue models. previous order, the Senator from Ohio be a good deal higher than previously Instead, greater emphasis should be is recognized to speak for up to 15 min- forecast. placed on the impact that changes in utes. The irony here is that the entire 10 the tax treatment of capital gains will year revenue loss that was forecast have on the private economy. f Economic growth, job creation, and may be made up for in the first several 10TH ANNIVERSARY OF DUI CRASH international competitiveness should years of the rate cut. IN KENTUCKY Once again, we will have a situation be our focus, not projections of govern- where a tax rate cut leads to greater ment revenue. Mr. DEWINE. Mr. President, today revenues. This is particularly true when we marks the 10th anniversary of the most Mr. President, what does all this tell know that the revenue projections are tragic drunk driving case in our Na- us? not likely to be terribly accurate. tion’s history. Ten years ago today, on In my view, a review of the last twen- This is not intended as a criticism of Saturday, May 14, 1988, a school bus ty years of capital gains tax rates and those whose job it is to make the esti- filled with children heading home to the associated revenues suggests that mates. This is difficult work. I cer- Radcliff, KY, after having spent a day the model used by JCT and CBO to es- tainly recognize this having served on at King’s Island Amusement Park in timate capital gains revenues is the House Budget Committee for sev- Ohio—that school bus was hit head-on flawed. eral years. And those who do the work by a drunk driver heading the wrong At minimum, it would appear that are professionals who work hard at get- way on Interstate 71 near Carrollton, when tax rates are lowered the model ting it right. KY, 10 years ago today. The collision significantly exaggerates the revenues Unfortunately, this business is a bit caused the front gas tank of the bus to losses. like gazing into a crystal ball. There explode in flames. The crash caused the In fact, in no single year after a rate are just too many factors at work to death of 24 children and three adults, cut has there ever been a loss of reve- think we can accurately project the and left many of the 36 survivors nue. revenue impact of changes in capital burned and disfigured. Conversely, when tax rates are in- gains tax policy. This crash did not just affect the 63 innocent victims who were on the bus creased, the model significantly exag- Mr. President, when it comes to cap- that day. It had significant impact and gerates the level of revenue gains. ital gains taxes I suggest that Congress Not only do the Congressional models changed forever many of the victims’ spend less time gazing into the crystal fail to accurately measure the response families, friends and their community. ball of revenue forecasting, and more of taxpayers to changes in tax rates, This horrible tragedy helped fuel a na- time focusing on the real world impact they completely exclude any estimate tionwide movement which has helped of taxes on capital formation, job cre- of the impact of tax changes on eco- to change our Nation’s attitudes to- ation, and economic growth. nomic performance. wards drinking and driving. This hor- Mr. President, up to this point we I think it will then be abundantly rible tragedy helped spur State legisla- have only been discussing the short clear that we should continue to reduce tures to enact more stronger drunk term behavioral changes that come the tax on capital to 14 percent. This driving laws. It led to tougher enforce- from changes in the capital gains tax will continue the good work that we ment and has caused people to think rate. began last year. twice before drinking and driving. In What about the longer term impact Mr. President, I suggest the absence short, it is no longer ‘‘cool’’ or ‘‘neat’’ on economic growth? Congress is large- of a quorum. in our society to drink and drive. And ly in the dark when it comes to any es- The PRESIDING OFFICER. The this horrible, horrible tragedy did im- timate of this benefit. clerk will call the roll. pact people and has helped to galvanize It is logical to assume that a lower The assistant legislative clerk pro- public opinion in regard to drunken tax rate on capital encourages capital ceeded to call the roll. driving. formation. A higher rate of capital for- Mr. SMITH of Oregon. Mr. President, The effects of this attitude change mation clearly benefits the economy. I ask unanimous consent that the order are well documented. In 1986, 24,050 As a consequence the federal govern- for the quorum call be rescinded. people lost their lives in alcohol-relat- ment will realize greater income, pay- The PRESIDING OFFICER (Mr. ed traffic crashes. A decade later that roll, and excise taxes. In addition, state HUTCHINSON). Without objection, it is number had dropped by 28 percent; and local tax revenues will also rise. so ordered. 17,274 people lost their lives in 1995 in S4848 CONGRESSIONAL RECORD — SENATE May 14, 1998 alcohol-related accidents, a drop of 28 Finally, we included a provision ance that the laws of whatever State percent. This reduction is not attrib- which would establish mandatory mini- we are in—in my case, whether I drive utable to one single event. It is not at- mum penalties for repeat drunk driv- out of Ohio into Kentucky or Indiana tributable just to this horrible acci- ers—the worst of the worst of the or Michigan or West Virginia, wherever dent, this horrible tragedy we are com- worst. I go, when I put my family in a car, I memorating and thinking about today. I can think of no better way to honor will have an assurance there is a na- It was a whole series of actions taken the memories of the victims of the tional .08 standard, a bare minimum by people across this country—Mothers deadliest alcohol-related traffic crash standard to protect our families. Against Drunk Driving, SADD chap- in our Nation’s history, as well as the That is what we are asking for in the ters, grassroots efforts of survivors, memories of all victims of drunk driv- conference committee. I again urge the grassroots efforts of victims and mem- ers, than to include these reasonable members of the conference committee bers of victims’ families. provisions aimed at renewing our Na- to do what is right: Follow what the We have begun, over that decade, to tion’s focus on the tragedy resulting Senate has said, follow the vote in the significantly change public attitudes. from drinking and driving in the final Senate, and include this very reason- Unfortunately, after 10 years of im- bill to reauthorize the Intermodal Sur- able measure. provement, after 10 years of fewer peo- face Transportation Efficiency Act. For my friends, my conservative ple dying every year due to drunken This matter is in conference commit- friends, such as myself—we consider driving, these trends have now been re- tee right now. The conferees are deal- ourselves conservatives—I simply point versed. I think our Nation has lost its ing with a number of very contentious out, this is the same type legislation focus. We no longer focus on this as a and very difficult funding issues. We that Ronald Reagan approved and sup- national issue. From 1994 to 1995, fa- all have our own opinions about those ported and pushed through the U.S. talities in alcohol-related crashes issues. They are very contentious. But Congress, when he was President of the rose—did not decline—rose, and they there is one issue where the over- United States, to go to a nationwide rose by 4 percent. That was the first in- whelming majority of the American standard of 21 as being the age for crease in over a decade. In 1995, 41 per- people have spoken in public opinion drinking. It is the same mechanism, cent of the 41,798 motor vehicle crash poll after public opinion poll, and that the same procedure, and the same basic deaths were attributable to alcohol has to do with the .08. There is one principle. use. Alcohol involvement is the single issue where the members of the con- What Ronald Reagan said then, and I greatest factor in traffic-related deaths ference committee can know that their will paraphrase, is very simple: That in and injuries. In short, the trend is now vote to include the .08 provision will, in some areas of national importance, na- moving in the wrong direction. We fact, save lives. tional concern, we can make small in- have not done enough. We must move Let me repeat, this Senate has spo- trusions into States rights, small to reverse this trend. ken. Sixty-one of the Members of this changes that will have monumental ef- I think what we have to do is to Senate voted ‘‘yes’’ for a nationwide .08 fects to save lives across the country, refocus and to put the emphasis back, standard. The House of Representatives and in some areas we do need a na- again, and public debate, on this hor- did not have the opportunity to vote; tional minimum standard. I urge the rible, horrible problem. This year, Con- they were blocked from voting on this conferees to include this in the legisla- gress has the opportunity to help measure. But I think anyone who has tion. renew our Nation’s focus on the evils of I see my friend, Senator LAUTENBERG, looked at this clearly understands that drinking and driving. During the Sen- who has been a tremendous advocate the House of Representatives also, if ate’s consideration of ISTEA, we took over the years for highway safety, who they had been permitted to vote on the lead in helping our Nation refocus sponsored the bill I just referenced that this, would have approved the .08. on the consequences of drinking and Ronald Reagan pushed through and What we are asking the conference driving. Senator LAUTENBERG pushed through. committee to do is very simple: In- Mr. President, there is no one single Senator LAUTENBERG was the author of clude this provision, which passed so thing in the Senate’s version of ISTEA that bill in the 1980s. He and I were at overwhelmingly in the U.S. Senate, in reauthorization which will change atti- the White House yesterday with the the final version of ISTEA. If the mem- tudes by itself. Rather, the Senate did Vice President. We have been there bers of the conference committee will a number of things which, when taken with the President to support this. do that, they will save lives. It has together, will help renew our Nation’s This is a bipartisan effort to save lives focus on this effort. been estimated that between 500 to in this country. First, the Senate voted to adopt an 1,000 lives in this country will be saved I yield to my colleague. amendment which would encourage every year by going to a .08 standard. The PRESIDING OFFICER. Under States to enact a statute that would Mr. President, the statistics and the previous order, the Senator from make it illegal, in and of itself, to op- facts are clear. The evidence is over- New Jersey is recognized to speak for erate a motor vehicle with a blood al- whelming. No one who tests .08 has any up to 15 minutes. cohol concentration of .08 or higher. business being behind the wheel of a Mr. LAUTENBERG. I thank the This amendment was adopted by a 2-to- car. Think about it. If you were at a Chair. I thank my colleague from Ohio, 1 margin in this Senate Chamber. This party at a neighbor’s house or your Senator DEWINE. was one of the few times I stated on own house, and you saw someone, an Senator DEWINE has experience as a the floor that day that Members of the adult male weighing 160 to 165 pounds, prosecutor. He has seen what happens Senate could come to the Senate floor and you watched him drink over an when alcohol and driving try to mix. and cast their vote and know that a hour period of time—you timed it—four The result is terrible tragedy so often. ‘‘yes’’ vote would, in fact, clearly save beers or four shots of liquor or four big His work here, together with mine, has lives. The individuals we will never glasses of wine on an empty stomach, enabled us to assemble a bipartisan know, but it is clear this legislation, if then that person looked at you and group to support our effort to reduce enacted into law, will save hundreds said, ‘‘I want to take your little girl the blood alcohol content to .08 at and ultimately thousands of lives over Anna to get an ice cream cone,’’ would which point someone can be declared the next few years. Sixty-one of our you let your daughter get in the car driving while impaired. colleagues chose to take advantage of with that person? We all know the an- Today marks the 10th anniversary of that opportunity. swer. The answer is absolutely not— the Nation’s most deadly drunk driving Further, in the same bill, the Senate ‘‘Don’t get near her; she can’t go with crash. On the night of May 14, 1988, a voted to adopt an amendment which you.’’ bus packed with sleeping children was would make it illegal to drive with one That is all we are saying. Mr. Presi- driving south on Interstate 71 to the hand on the steering wheel and the dent, it takes that much alcohol con- First Assembly of God Church in other wrapped around a bottle of whis- sumption to reach .08. What we are Radcliff, KY. Thirty-five girls, twenty- key or beer. That is still legal in many saying is, we set a nationwide standard eight boys, and four adults were re- places in this country. Under this legis- so that, no matter where we go in this turning from a day at the King’s Island lation, it no longer would be tolerated. country, we have some level of assur- amusement park near Cincinnati. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4849 According to newspaper accounts, Mr. President, this body has spoken now a driver legally drunk in one of 16 the group said a short prayer before about this issue. Two months ago, the .08 States merely has to drive over the they began their return trip. I quote Senate passed an amendment to pro- border and—poof—he is legally sober him. He said, ‘‘Please grant us a safe hibit open containers of alcohol in again. We know that is wrong. And we trip. May God have his hand on this motor vehicles. It adopted a tough pro- know once you are over .08 you are too bus.’’ That is what he prayed. gram to combat repeat offenders of drunk to drive in any State. But prayers were not enough that drinking and driving. And by a 2 to 1 Consider this: Someone, again, of my day. At 10:55 p.m., as the bus neared margin, the Senate voted to set a strict height having had four glasses of wine the northern Kentucky town of national drunk driving standard at .08 in an hour—five glasses of wine; again, Carrollton, the driver of the bus spot- blood alcohol content. The Senate I am a little heavier than the average; ted a pickup truck barreling north in voted 62 to 32 for this life-saving meas- five glasses of wine in an hour —on an his southbound lane. Moments later a ure. The House was not even able to empty stomach. That is too much. We collision and the bus burst into flames. vote on this issue. They were prevented are not saying, again, that people can- Twenty-four children and 3 adults from it. not drink. We are saying they cannot were killed in that devastating school- We can ask the question, Why? But drink and drive. bus crash, and 30 more were injured. we must carry the will of the Senate— Think about the 6,000 families who The lives of so many families and of the people—through to completion. will be spared the devastating loss of a friends were destroyed. We want ‘‘.08 in ’98.’’ We are now at the loved one to a drunk driver over the The current president of Mothers crossroads, and it is time to decide. course of a decade if we pass .08. Think Against Drunk Driving, Karolyn The question comes up, Why? Why of what it means. Thousands of parents Nunnallee, lost her daughter Patty in aren’t the House Members permitted to now destined to lose a child will be able that terrible crash. She was on tele- vote on this issue? Well, it stops at a to read their little ones to sleep in- vision this morning trying to explain committee over there. The process is stead of looking at an empty bed; chil- the impact of losing that child. This different than it is over here, and they dren now destined to lose a parent will day across the Nation thousands of do not even have to let a piece of legis- wake up in a full and loving home. mothers, fathers, brothers, and sisters lation come up on the floor. One year ago, Randy Frazier called And why? Why would they say no to will join in a moment of silence to the Congress to action. Randy’s daugh- a vote on this issue when parents lose honor those thousands of victims who ter, Ashley—people from Maryland— children and children lose parents die on our highways each year at the was killed by a .08 drunk driver. Randy across this country in numbers that hands of drunk drivers. said, ‘‘It is time for the leadership and We will honor Patty and the others compare to our worst year in Vietnam? action here in Congress to draw a safer, who died that night and those who In full combat we lost about 17,000 of saner, and more sensible line against were injured during this moment of si- our soldiers. In our country every year impaired driving at .08. If we truly be- lence. we lose more than 17,000 people to lieve in family values, then .08 ought to Sadly, the death toll visited upon us drunk driving, and it does not have the by drunk driving mounts up each year same impact on our society. So we become the law of the land. Four beers with an appalling clock-like efficiency. have to say, Why is it that it does not? in an hour’’—four glasses of wine in an Every 30 minutes a family loses a loved If after coming so close we fail to hour, on an empty stomach—‘‘and get- one to a drunk driver. That means in enact .08 this year, the American peo- ting behind the wheel of a car, in our the decade since the Carrollton crash ple should charge this Congress with estimation, is one definition of family 175,000 people have died. That is almost something I will call ‘‘VUI,’’ voting violence.’’ twice the population of the capital of under the influence of the liquor lobby. Mr. President, it is decision time. my home State of New Jersey, Tren- That is where it stops. They say, The question is whether we are going ton, NJ. These deaths need not have ‘‘You’re going to kill our business,’’ to vote with our conscience. Are we happened. that ‘‘You’re going to arrest social going to vote under ‘‘VUI,’’ voting If we also take into consideration drinkers.’’ No, no, no. We are not say- under the influence of the alcohol that each of these victims had family ing anybody can’t drink. They can lobby? They poured people into this and friends, we are talking about more drink as much as they want. They can town. The Restaurant Association had than—more than—a million people fall off the bar stools, as long as they 130 as reported by a newspaper, 130 lob- grief stricken, which is more people don’t fall on me or my kids. byists come in. They swarmed all over than who live in Washington, DC. And The issue is whether, after having the House, and they got people to this grieving should never have oc- had a blood alcohol content level of .08, change their minds. Then they got peo- curred. they ought to get behind a wheel. And ple, as I said earlier, to be able to hold Drunk driving also takes an enor- we say no. I think the Senator from that bill from getting consideration. mous economic toll, as well, on our Na- Ohio made it very clear. He said if he That is not the way law ought to be de- tion. Alcohol-related crashes cost soci- watched someone at a party or some- cided when it comes to American fami- ety over $45 billion each year. One alco- one at a dinner, or something like that, lies. And we hope we are going to stand hol-related fatality is estimated to have four drinks in an hour—a man my up to our responsibility as we pause to cost society about $950,000; and an in- size would have five—on an empty honor the victims of drunk driving. jury averages about $20,000 in emer- stomach, to have your child get in the Let us be moved to action. We must gency and acute health care costs, back seat of a car with that driver, I enact tough drunk driving laws this long-term care and rehabilitation, po- would say never, never. That is what year. It has to be ‘‘.08 in ’98.’’ lice and court services, insurance, lost we want to say across this country. Be- I yield the floor. productivity, and social services. cause every family is entitled to that Mr. TORRICELLI addressed the Just look at this toll of needless kind of safety and security. Chair. death, needless grief, and needless In 1984, President Reagan signed a The PRESIDING OFFICER. The Sen- spending. These facts should move us bill that I wrote over here to make the ator from New Jersey. to rage. And our rage should move us national drinking age 21 and eliminate f to action. blood borders. Those are the borders EXTENSION OF MORNING Mr. President, we can act. Right now, between States with different drinking the House-Senate conference commit- ages. Since then, more than 10,000 lives BUSINESS tee is meeting to resolve the competing have been saved, enough to fill a small Mr. TORRICELLI. Mr. President, I ISTEA reauthorization bills. I sit on town. That is 10,000 families that did ask unanimous consent to extend that conference committee. As part of not have to mourn or grieve the loss of morning business for 5 minutes. this process, the Congress is going to a child or a parent or a brother or a sis- The PRESIDING OFFICER. Without make one decision—will we get tougher ter—10,000 people. That is a lot of peo- objection, it is so ordered. on drunk driving and enact laws that ple. Mr. TORRICELLI. Mr. President, let will save lives or will we fall prey to Now we have a different kind of blood me first thank Senator THURMOND and the liquor and restaurant lobbyists? border—the blood alcohol border. Right Senator LEVIN for their consideration. S4850 CONGRESSIONAL RECORD — SENATE May 14, 1998 I will not use all the time I have yield- tual understanding for the defense of Roslyne D. Turner ed myself. that society. Mr. THURMOND. Mr. President, f I yield the floor. today the Senate begins consideration f of S–2057, the National Defense Author- THE IMPORTANCE OF THE U.S. ization Act for Fiscal Year 1999. I want RELATIONSHIP WITH KUWAIT CONCLUSION OF MORNING to thank all members of the Commit- Mr. TORRICELLI. Mr. President, I BUSINESS tee who have worked so hard this year rise on an issue of great importance to The PRESIDING OFFICER. Morning to bring this bill to the floor. I particu- me, personally, and I believe many business is closed. larly want to thank Senator LEVIN, the other Members of the Senate. Ranking Member, for his cooperative f Winston Churchill once noted that support. nations whose sons fight and die to- NATIONAL DEFENSE AUTHORIZA- I also want to acknowledge the con- gether forever change their relation- TION ACT FOR FISCAL YEAR 1999 tributions of Senator COATS, Senator ship. Seven years ago, the United KEMPTHORNE, and Senator GLENN. This The PRESIDING OFFICER. Under States and Kuwait tragically shared will be their last defense authorization the previous order, the Senate will now this experience. The liberation of Ku- bill. On behalf of the committee and resume consideration of S. 2057, which wait forever changed the relationships the Senate, I want to thank them for the clerk will report. between our two peoples. Though our their dedication to the national secu- The legislative clerk read as follows: cultures and the faiths of many are dif- rity of our country and their support ferent, we share a sense of national A bill (S. 2057) to authorize appropriations for the young men and women who for the fiscal year 1999 for military activities serve in our armed forces. We will miss independence and, I believe, a growing of the Department of Defense, for military awareness of a burgeoning potential for construction, and for defense activities of these three outstanding Senators who democracy in Kuwait. the Department of Energy, to prescribe per- have served our country and the com- It was, therefore, extremely disturb- sonal strengths for such fiscal year for the mittee so well. ing on November 19, 1997, when several Armed Forces, and for other purposes. Mr. President, I also want to express members of the Islamic faction in Par- The Senate resumed consideration of my appreciation to the members of the liament in Kuwait sought the ouster of the bill. staff of the Senate Armed Services the Minister of Information, Sheikh Committee. We on the Committee are PRIVILEGE OF THE FLOOR very proud of our staff. I believe that Saud Al-Nasir Al-Sabah. It did so be- Mr. THURMOND. Mr. President, I cause of an allegation that he per- we have the most competent and pro- ask unanimous consent that a list of fessional staff on Capitol Hill. They mitted books to be displayed at a book staff that I send to the desk, be per- fair which fundamentalists deemed to work well together in a very bi-par- mitted the privilege of the floor during tisan way and all of us on the Commit- be offensive. Members of this Senate— the pendency of the Department of De- indeed, many people in the administra- tee are indebted to them for their self- fense authorization bill. less dedication. I ask unanimous con- tion—not only know Sheikh Saud Al- The PRESIDING OFFICER. Without Nasir Al-Sabah well, they consider him sent that a list of the members of the objection, it is so ordered. staff be included following my re- a friend. During the darkest days of the The list of staff follows: invasion and occupation of Kuwait, he marks. was the voice of that Nation in the ARMED SERVICES COMMITTEE STAFF MEMBERS The PRESIDING OFFICER. Without United States. We trusted him. More, Les Brownlee, Staff Director objection it is so ordered. George Lauffer, Deputy Staff Director (See exhibit 1.) perhaps, than anyone we know in Ku- Scott Stucky, General Counsel Mr. THURMOND. This is the 40th de- waiti society, he rallied support to the David Lyles, Minority Staff Director fense authorization bill on which I liberation of his country. Peter Levine, Minority Counsel have worked since I joined the Armed These allegations against him we Charlie Abell Services Committee in 1959. It is my now recognize were little more than an John R. Barnes fourth as Chairman of the committee Stuart H. Cain effort by Islamic fundamentalists to and as I indicated earlier this year, extend their control over the Ministry Lucia Monica Chavez Christine E. Cowart while I intend to remain on the Com- of Information, which would have mittee, this will be my last year as changed the nature of the political sys- Daniel J. Cox, Jr. Madelyn R. Creedon Chairman. I look forward to the floor tem in Kuwait. Judgments about Ku- Richard D. DeBobes debate on this bill as well as the con- wait’s future are for the Kuwaiti peo- John DeCrosta ference with the House. I am hopeful ple, obviously, and entirely. But I be- Marie F. Dickinson that we are able to complete the bill lieve as friends of that Nation who Keaveny Donovan and send it to the President before the have fought and died with them, we all Shawn H. Edwards July 4th recess. It is essential that we have a stake in the growing movement Jonathan L. Etherton Pamela L. Farrell complete floor action before the Memo- of that society for free expression. rial Day recess in order to meet this I know my colleagues join me with Richard W. Fieldhouse Maria A. Finley ambitious schedule. some relief and considerable pride in Cristina W. Fiori We have accelerated significantly our that in a reformed Government follow- Jan Gordon process this year. I cannot recall ever ing this incident, Sheikh Saud Al-Nasir Creighton Greene bringing the defense authorization bill Al-Sabah was kept as Oil Minister. In- Gary M. Hall to the floor this early in the year. If we deed, not only did he remain in the Patrick ‘‘PT’’ Henry are successful in completing conference Government, therefore, but he received Larry J. Hoag in late June, we may be setting a mod- a promotion. Andrew W. Johnson ern day record. I know the people of Kuwait have Melinda M. Koutsoumpas Mr. President, the Defense Author- been traumatized by this effort, Lawrence J. Lanzillotta Henry C. Leventis ization bill for Fiscal Year 1999 which I through this emergence of Islamic fac- Paul M. Longsworth bring before the Senate today is only tions within their political system, to Stephen L. Madey, Jr. 3.1 percent of Gross Domestic Prod- extend their control and threaten ris- Michael J. McCord uct—the lowest since 1940. Defense out- ing elements of democracy in their so- J. Reaves McLeod lays peaked in 1986 at 6.5 percent. ciety. I trust that Kuwaiti democracy John H. Miller President Reagan’s defense buildup was will be the stronger for this experience, Ann M. Mittermeyer one of the great investments in our his- that the people of Kuwait will not only Bert K. Mizusawa tory. As a result of President Reagan’s understand but appreciate the interests Cindy Pearson Sharen E. Reaves strong leadership and our strengthened of the U.S. Senate in the political sys- Sarah J. Ritch military, we won the Cold War. There- tem of that country, since the concept Moultrie D. Roberts fore, we have been able to reduce our of the government and free expression Cord A. Sterling defense force structure. These reduc- in Kuwait is so much a part of our mu- Eric H. Thoemmes tions enabled the Nation to reduce the May 14, 1998 CONGRESSIONAL RECORD — SENATE S4851 deficit and achieve a balanced budget. shore up our defense budgets with an- ing increases intended to continue the The victory in the Cold War and the re- nual add-ons. However, reductions in improvement of the readiness of the re- sulting peace dividend, which began, by the defense budgets over the last 3 serve forces and to permit greater use the way, under President Reagan, is years to pay for Bosnia have deni- of the expertise and capabilities of the now saving us over $250 billion per grated the effect of those Congressional reserve components. One such measure year—the major factor in achieving a plus-ups. Almost half of the $21 billion is the authority for the reserve compo- balanced budget. we added to the defense budgets over nents to prepare to respond to domes- Mr. President, we haven’t debated the last 3 years, which was intended to tic emergencies involving the use or in- the levels for defense spending on the enhance readiness and modernization, tended use of a weapon of mass de- floor of the Senate for some time. was spent instead for operations in struction. I am proud to be able to rec- Maybe its because defense doesn’t rank Bosnia. The maintenance of our forces ommend this important legislation very high these days in the polls which in Bosnia and in the Persian Gulf, which will enable the Nation to be pre- reflect the concerns of the American places great strain on our military pared for the most unimaginable ter- people. Or maybe it’s because everyone forces and budgets. rorist incident. assumes that the defense budget is ade- As many of you are aware, we have I do want to tell my colleagues that quate and there is no reason to debate been forced to cope with a $3.6 billion this defense bill does not include a long it. I am concerned first of all because I outlay shortfall in the defense budget list of new major projects or new ini- believe there is a clear shortfall be- resulting from scoring differences be- tiatives. Quite simply, there is no tween the ambitious foreign policy of tween the Office of Management and money to support new major projects this Administration and the resources Budget and the Congressional Budget or new initiatives. However, I should we are willing to provide for national Office. The Chairman of the Budget note that over the past three or four defense. Committee, Senator DOMENICI has been years, the Committee on Armed Serv- The operational tempo of our mili- very helpful in working out a solution ices has produced defense bills with tary forces is at an all time high. to help alleviate this problem. I am major new program starts, reforms of American forces are deployed literally sure the Chairman of the Appropria- the acquisition process, initiatives re- around the globe. The foreign policy of tions Committee joins me in thanking lated to missile defense and counter this Administration has raised the Senator DOMENICI and his staff for proliferation, and programs to achieve number of separate deployments to the their assistance. efficiencies and enhance readiness. The highest in our history. Our servicemen Under the budget agreement, we have Secretary of Defense must now imple- and women spend more and more time not added funds to the defense budget ment these major programs. As the De- away from their homes and families on this year. I do not believe that a major- partment of Defense executes the pro- more frequent and extended deploy- ity of Senators would support adding grams we enacted over the past several ments. As a result, recruiting grows funds to the defense budget in violation years, I anticipate that they will come more difficult and retention is becom- of the budget agreement. Therefore, we back to the Congress to suggest modi- ing an extremely serious problem—es- have conducted our markup consistent fications addressing areas in which pecially for pilots. with the budget agreement. However, I they believe they need additional flexi- We are also beginning to see increas- have stated in the past and I say again, bility. ing indicators of readiness problems. I believe that we are not providing ade- Mr. President, I would like to remind Spare parts shortages, increased can- quate funds for defense. The Chairmen my colleagues that any amendments to nibalization, declining operational and Ranking Members of the House Na- the defense authorization bill that readiness rates, cross-decking of criti- tional Security Committee have also would increase spending should be ac- cal weapons, equipment and personnel called for increases in the defense companied by offsetting reductions. foretell a potential emergence of readi- budget. It remains my firm belief that Mr. President, this is a sound bill. It ness difficulties that could seriously we should provide additional funds for provides a road map to take our Na- cripple our military forces in the very our national security. tion’s Armed Forces into the 21st cen- near future. The Chiefs of the military In this bill, the Committee has tury. I urge my colleagues to join the services indicate that they are on the achieved a balance among near-term Members of the Armed Services Com- margin in readiness and modernization. readiness; long-term readiness, through mittee and pass this bill with a strong The Chief of one of our military serv- investments in modernization infra- bipartisan vote. ices has recently stated orally as well structure and research and develop- I yield the floor. as in writing that his budget for fiscal ment; force levels; quality of life and EXHIBIT I year 1999 is, for the third year in a row, ensuring an adequate, safe and reliable ARMED SERVICES COMMITTEE STAFF MEMBERS inadequate. nuclear weapons capability. The Com- Les Brownlee, Staff Director While, at the present time, the Amer- mittee modified the budget request to George Lauffer, Deputy Staff Director ican people may not be expressing con- improve operations and achieve greater Scott Stucky, General Counsel cern about threats to our national se- efficiencies and savings and to elimi- David Lyles, Minority Staff Director curity or the readiness of our armed Peter Levine, Minority Counsel nate spending that does not contribute Charlie Abell forces, we in the Senate are not re- directly to the national security of the John R. Barnes lieved of our responsibilities to ensure United States. Stuart H. Cain that we have capable, effective mili- The Committee recommended provi- Lucia Monica Chavez tary forces ready to defend our nation’s sions to provide a 3.1 percent pay raise Christine E. Cowart vital interests. It is our job in the Con- for the uniformed services; to enhance Daniel J. Cox, Jr. gress to examine the readiness and ca- the ability of the services to recruit Madelyn R. Creedon pability of our armed forces and ensure and retain quality personnel; and to re- Richard D. DeBobes that we have provided adequate re- store appropriate funding levels for the John DeCrosta Marie F. Dickinson sources and guidance to the Secretary construction and maintenance of both Keaveny Donovan of Defense so that he can carry out his bachelor and family housing. The bill Shawn H. Edwards mission to protect our national secu- recommends increased investment in Jonathan L. Etherton rity. I believe, as I have stated so many research and development activities to Pamela L. Farrell times on this floor, that nothing that ensure that the Department of Defense Richard W. Fieldhouse we do here in the Congress is as impor- can leverage advances in technology. Maria A. Finley tant as providing for our national secu- The Committee remains concerned Cristina W. Fiori rity. I intend to continue to make this about the level of resources available Jan Gordon for the reserve components and the Creighton Greene point whenever I believe that we in the Gary M. Hall Senate may not be paying enough at- continued lack of a spirit of coopera- Patrick ‘‘PT’’ Henry tention to this most critical issue. tion between the active and reserve Larry J. Hoag Mr. President, the Congress has en- forces. The Committee recommended a Andrew W. Johnson deavored over the past several years to number of policy initiatives and spend- Melinda M. Koutsoumpas S4852 CONGRESSIONAL RECORD — SENATE May 14, 1998

Lawrence J. Lanzillotta Senator THURMOND has already sum- gram; and (2) the financial benefits of Henry C. Leventis marized the provisions of the bill. I will going forward with the program exceed Paul M. Longsworth just highlight a few provisions that the financial risks. Stephen L. Madey, Jr. will make a significant contribution to Michael J. McCord I am also pleased that the bill con- J. Reaves McLeod the national defense and to our men tains a provision to encourage and fa- John H. Miller and women in uniform. cilitate organ donation by service men Ann M. Mittermeyer The bill contains a 3.1 percent pay and women. Organ donation represents, Bert K. Mizusawa raise for military personnel and au- in my view, one of the most remark- Cindy Pearson thorizes a number of bonuses to en- able success stories in the history of Sharen E. Reaves hance our ability to recruit and retain medicine. Over the past several years, Sarah J. Ritch quality men and women for our armed the Department of Defense has made Moultrie D. Roberts services. some strides in increasing the aware- Cord A. Sterling The bill would authorize three health Eric H. Thoemmes ness among service members of the im- Roslyne D. Turner care demonstration projects that would portance of organ donation. With our address concerns about gaps in the Mr. LEVIN addressed the Chair. encouragement, DOD has included The PRESIDING OFFICER. The Sen- military health care system by requir- organ donation decisions in their auto- ator from Michigan. ing the Department of Defense to pro- mated medical databases, and estab- Mr. LEVIN. Mr. President, I am vide health care to retired military lished policies that give service mem- pleased to join the chairman of our personnel and their families who are bers regular opportunities to state a committee in bringing the defense au- over 65 and Medicare-eligible. desire to become organ donors upon thorization bill for fiscal year 1999 to The bill contains a bipartisan De- their deaths. the floor. As we all know, as Senator fense Commercial Pricing Management In an effort to enhance the value of THURMOND has so eloquently reminded Improvement Act, which would require these initiatives, the bill provides the us, this is the last year that he will be the Department to address manage- framework in which DOD will provide chairman of the Senate Armed Serv- ment problems in sole-source buying each new recruit and officer candidate ices Committee, through his choice. practices. information about organ donation dur- Therefore, it is the last year that he The bill would provide funding for ing their initial weeks of training, and will be bringing an authorization bill the U.S.-Canada environmental clean- will include organ donation procedures to the floor. I just want to thank him up agreement, and for a new $24 million in the training of medical personnel and commend him for the commitment initiative for the development of pollu- and in the development of medical that he has made to our Nation’s de- tion prevention technology. equipment and logistical systems. This Finally, the bill includes a series of fense. It has been longstanding, it has initiative is likely to have a vital im- other provisions that are designed to been a matter of keen devotion. It is pact on the survival of countless indi- assist the Secretary of Defense in his really a significant moment for me to viduals who will, one day, benefit from effort to streamline our defense infra- be here with him as this defense au- organs donated by service men and structure and improve the Depart- thorization bill comes to the floor. I women. ment’s so-called ‘‘tooth-to-tail’’ ratio. know I am thanking him on behalf of From the beginning of the year, Sec- These provisions would require reduc- all of the members of our committee retary Cohen and the Joints Chiefs of tions in DOD headquarters staff; ex- and the Senate for the energy he has Staff have stressed three things that tend current personnel authorities placed into this issue of defense, secu- they would like to achieve in this bill: available to the Department to assist rity, and this bill itself. First, they have requested authority Mr. THURMOND. Thank you very in downsizing; encourage public-pri- to close excess military bases in order much. vate competition in the provision of to fund their modernization priorities Mr. LEVIN. Mr. President, this is support services; require improvements in the next decade; also the final defense authorization bill in the Department’s inventory manage- for three other members of our com- ment and financial management sys- Second, they have urged us not to un- dermine military training and readi- mittee—Senators GLENN, COATS and tems; enable the Department to under- ness by reducing operations and main- KEMPTHORNE. They will be leaving us take needed reforms in travel manage- this year, also through their choice. We ment and the movement of household tenance budgets; and will miss them keenly. They have all goods; and require the Department to Third, they have urged us to provide made tremendous contributions to the streamline its test and evaluation in- the necessary funding to support U.S. work of the Armed Services Committee frastructure. military operations in Bosnia during and to the national security of our Mr. President, the committee was FY 1999 in a manner that does not cut country. Sometimes their ways were presented with a dilemma on the Air into current levels of DOD funding. similar and sometimes they were dif- Force’s F–22 fighter program. Although I would say that the committee has ferent, but we are grateful for their there is broad support for achieving the achieved roughly one and a half of contributions. I wanted to note that as revolutionary capability the F–22 pro- these three goals. we get to work on the defense author- gram promises, a number of us remain First, the bill before us would au- ization bill. concerned about the degree of overlap thorize $1.9 billion for continued U.S. The bill that we bring to the floor between development, testing, and pro- military operations in Bosnia, in the this morning is the product of several duction in the program. Four years manner requested by the Department. I months of hard work by the Armed ago, we expected that 27 percent of the am sure that many Members will want Services Committee. It is a large and flight testing hours would have been to be heard on this subject as we de- complicated bill that could not have completed before the Air Force signed bate this bill. At the appropriate time been produced without the dedicated a contract for the first production air- I intend to offer my own amendment, effort of our chairman, the other mem- craft. Last year, that number had fall- which would ensure that the President bers of our committee and our staffs. I en to 14 percent. This year, the com- reports to the Congress on progress to- join Senator THURMOND in thanking mittee was faced with the Air Force’s ward achieving benchmarks toward im- our staffs for their work. plan of signing a production contract plementation of the Dayton Accord While I don’t agree with everything with only four percent of the flight with an exit strategy and that the Con- in this bill—none of us do or ever can testing completed. gress has an opportunity to vote on the in a bill this big and complicated—I The bill would address this problem continued presence of U.S. ground com- think it will improve the quality of life by making the long-lead funding for bat forces in Bosnia beyond June 30, for the men and women in uniform and the six F–22 aircraft in FY 2000 contin- 1999. for their families. It will continue the gent upon certifications by the Sec- Second, the Armed Services Commit- process of modernization of our Armed retary of the Air Force that: (1) ade- tee did a reasonable job of funding Forces to meet the threats of the fu- quate flight testing has been conducted training and readiness, given the budg- ture. to address technical risk in the pro- etary constraints under which we were May 14, 1998 CONGRESSIONAL RECORD — SENATE S4853 operating. Overall, the bill would re- Based on the savings from the first important day for us. I know it is duce operations and maintenance fund- four BRAC rounds, every year we delay meaningful for him, but it is an impor- ing by roughly $300 million, but these another base closure round, we deny tant day for us and for this institution, cuts would be achieved through reduc- the Defense Department, and the tax- and for this country to note that Sen- tions for fuel savings, foreign currency payers, about $1.5 billion in annual sav- ator CLELAND, who is truly a hero for fluctuations, and civilian underexecu- ings that we can never recoup by all of us, is now managing this bill. I tion—which, if DOD’s and CBO’s pre- studying to death the question of sav- can’t think of anyone I would rather dictions prove right, should not have a ings from previous rounds. In his re- have do that, anyone in whom I have significant negative impact on mili- port on base closures last month, Sec- greater confidence to protect this Na- tary training and readiness. retary Cohen stated: ‘‘More than any tion’s interest, as he always has, than On the other hand, the Secretary has other initiative we can take today, Senator CLELAND. asked us not to cut operations and BRAC will shape the quality and I yield the floor. maintenance accounts at all, because strength of the forces protecting Amer- AMENDMENT NO. 2399 any cuts to these accounts pose some ica in the 21st century.’’ General (Purpose: To increase the amount for classi- risk of a negative impact on training Shelton told our committee: ‘‘I strong- fied programs by $275,000,000, and to offset and readiness. We have been hearing the increase by reducing the amount for ly support additional base closures. Air Force procurement for the Advance complaints for several years now that Without them we will not leave our Medium Air-to-Air Missile System pro- the Administration has not provided successors the warfighting dominance gram by $21,058,000, and by reducing the adequate funding for military training of today’s force.’’ amount for Defense-wide research, develop- and readiness. If we are not able to in- Admiral Jay Johnson, the Chief of ment, test, and evaluation for engineering crease the level of O&M funding in con- Naval Operations, stated: and manufacturing development under the Theater High Area Defense program by ference, the cuts in this bill mean that This is more than about budgeting. It’s $253,942,000) Congress must share responsibility about protecting American interests, Amer- with the Department of Defense for ican citizens, American soldiers, sailors, air- Mr. THURMOND. Mr. President, I any training and readiness problems men, and Marines. We owe them the best send an amendment to the desk and resulting from O&M funding shortfalls force we can achieve. Reducing excess infra- ask for its immediate consideration. that DOD may experience in the next structure will help take us there and is The PRESIDING OFFICER. The clearly a military necessity. year. clerk will report. On the third point, I am deeply dis- Mr. President, closing bases is a pain- The legislative clerk read as follows: appointed that the Armed Services ful process. I know that as well as any- The Senator from South Carolina [Mr. one. All three Air Force bases in my THURMOND], for himself and Mr. LEVIN, pro- Committee has again filed to authorize poses an amendment numbered 2399. a new base closure round, as requested state have been closed, and we are still Mr. THURMOND. Mr. President, I by the Secretary of Defense, the Joint working to overcome the economic ask unanimous consent that reading of Chiefs of Staff, the Quadrennial De- blow to those communities. We have heard a lot of complaints in the last the amendment be dispensed with. fense Review, and the Joint Chiefs of The PRESIDING OFFICER. Without Staff. The Secretary’s Report on Base year about inadequate funds for mod- ernization or for readiness. I am sure objection, it is so ordered. Closures from Secretary Cohen con- The amendment is as follows: tains almost 1,800 pages of backup ma- that we will hear more such complaints in the next year. But we don’t have In section 103(2), strike out ‘‘$2,375,803,000’’ terial. It is responsive to those who and insert in lieu thereof ‘‘$2,354,745,000’’. said last year that we need a thorough much standing to be critical of DOD for In section 201(3), strike out ‘‘$13,398,993,000’’ analysis before we can reach a decision underfunding important defense needs and insert in lieu thereof ‘‘$13,673,993,000’’. on the need for more base closures. if we don’t allow them to do what Sec- In section 201(4), strike out ‘‘$9,837,764,000’’ The Report reaffirms that DOD still retary Cohen and the Chiefs have re- and insert in lieu thereof ‘‘$9,583,822,000’’. has more bases than it needs. From peatedly said they need to do—close Mr. THURMOND. Mr. President, I 1989 to 1997, DOD reduced total active unneeded bases. rise to offer an amendment on behalf of duty military endstrength by 32 per- There are several other issues in the the Armed Services Committee. cent, a figure that will grow to 36 per- bill that concern me. I am disappointed This amendment implements an agreement between the Armed Services cent by 2003. Even after 4 base closure by the committee’s cuts in the Depart- Committee and the Intelligence Com- rounds, the reduction in DOD’s base ment of Energy’s stockpile stewardship mittee. Pursuant to this agreement, structure in the United States has been program, which Secretary Pen˜ a says the Armed Services Committee has reduced only 21 percent. will have a real and dramatic impact agreed to reduce by $275 million funds DOD’s analysis concluded that DOD on our ability to maintain the safety in the pending bill for nonintelligence has about 23 percent excess capacity in and reliability of our nuclear weapons programs and to increase by $275 mil- its current base structure. For exam- stockpile and undermine confidence in our nuclear deterrent. I am dis- lion funds for the next Foreign Intel- ple, by 2003: ligence Program, which is also part of The Army will have reduced the per- appointed by the cuts we have made in the chemical demilitarization program, this bill. sonnel at its classroom training com- The Armed Services Committee has which may make it impossible for the mands by 43 percent, while classroom considered the range and options for United States to comply with our obli- space will have been reduced by only 7 implementing this agreement, all of percent. gations under the Chemical Weapons which involve making difficult choices The Air Force will have reduced the Convention. And I am disappointed to cut defense programs. After consid- number of fighters and other small air- that we have funded several weapons erable deliberation, the committee has craft by 53 percent since 1989, while the systems for which the Department of decided to reduce funding for the Thea- base structure for those aircraft will be Defense says that it has no current ter High Altitude Area Defense Pro- only 35 percent smaller. need. I look forward to amendments gram by $250 million and the Advanced The Navy will have 33 percent more that will improve the bill in these and Medium Range Air-To-Air Missile Sys- hangars for its aircraft than it re- other areas in the course of our debate. tem by $21 million. These funds are quires. Mr. President, I know that there will now assigned to these two programs. Secretary Cohen’s report also docu- be some vigorous debate on this bill, Mr. LEVIN. Mr. President, the DoD ments the substantial savings that and I hope Senators will come to the authorization bill, as reported, includes have been achieved from past base clo- floor and offer their amendments so a cut of some $550 million in classified sure rounds. Between 1990 and 2001, that we can complete Senate action on intelligence programs. I serve on both DOD estimates that BRAC actions will the bill in a timely manner then go to the Armed Services and the Intel- produce a total of $13.5 billion in net conference with the House. ligence Committees. I am very aware savings. After 2001, when all of the I must leave here for perhaps a half of the tough choices that members of BRAC actions must be completed, hour to an hour. I note that Senator both committees have to make in dis- steady state savings will be $5.6 billion CLELAND will be floor managing the charging our respective responsibil- per year. bill for this side of the aisle. This is an ities. However, I must say that the S4854 CONGRESSIONAL RECORD — SENATE May 14, 1998 magnitude of this cut to intelligence defense programs. After consideration The PRESIDING OFFICER (Mr. programs disturbed me, as it did other deliberation, the committee has de- ENZ1). Is there further debate on the members of the Committee. cided to reduce funding for the Theater amendment? Based on these concerns, the Com- High Altitude Area Defense (THAAD) Mr. CLELAND. Mr. President, our mittee agreed during the markup of program by $254 million and the Ad- side supports the amendment. We the Defense Authorization Bill to try vanced Medium Range Air-to-Air Mis- think it is a good compromise. We to come to some compromise with the sile system by $21 million. The $21 mil- think the staff and the committee did Intelligence Committee that would re- lion in AMRAAM is now excess to pro- an excellent job of putting this to- duce the magnitude of this reduction. gram requirements as a result of con- gether. It was a difficult choice. But we This amendment restores $275 million tract negotiations between the Air support the amendment. of the original reduction made by the Force and the contractor. The funding I urge its adoption. Committee. I am glad that we have issue related to THAAD is more com- The PRESIDING OFFICER. Is there worked together to achieve this out- plex. further debate on the amendment? If come. We have all heard the news of Tues- not, the question is on agreeing to the The bulk of the funds to increase the day’s THAAD test failure. This was the amendment of the Senator from South level of intelligence programs in this fifth time in a row that THAAD has Carolina. amendment comes from one particular filed to intercept a target. Although we The amendment (No. 2399) was agreed program, the Theater High Altitude don’t have the details, we know that to. Area Defense, or THAAD program. The there was an electrical failure in the Mr. THURMOND. Mr. President, I THAAD program is designed to meet a booster which caused the missile to move to reconsider the vote by which theater missile defense requirement. I self-destruct early in flight. Whatever the amendment was agreed to. have supported theater missile defense impact this may have on the long-term Mr. CLELAND. I move to lay that programs like THAAD because we have prospects for THAAD, judging by what motion on the table. a clear requirement for theater missile we now know it appears that the The motion to lay on the table was defense systems. THAAD program will not be able to agreed to. The THAAD program has had a num- enter engineering and manufacturing Mr. THURMOND. Mr. President, I ber of testing failures, and two days development (EMD) during fiscal year now turn to Senator COATS for recogni- ago, there was another unfortunate 1999. tion. test failure in the program. Mr. Presi- In its markup of the Defense Author- The PRESIDING OFFICER. The Sen- dent, this failure led the Committee to ization Bill, the committee expressed ator from Indiana is recognized. the conclusion that it would be appro- concern that THAAD might not be able Mr. COATS. Mr. President, I thank priate to adjust the fiscal year 1999 to spend all of its EMD budget during the chairman for his recognition. funding for the THAAD system. While fiscal year 1999 even if the recent flight I want to also thank Senator LEVIN we do not know the full implications of test was a success. Therefore, the for the kind remarks he made about this test failure, it is clear that it markup included a reduction of $70 my service on the committee. It has would now be premature for the million in THAAD EMD. This left $254 truly been an honor for me and a privi- THAAD program to move from the million in the THAAD EMD budget, lege to serve for 10 years on the Armed demonstration/validation phase of the $498 million in the THAAD Demonstra- Services Committee. I say without res- program to engineering and manufac- tion and Validation (Dem/Val) budget, ervation that my service on that com- turing development (EMD) next year as for a total of $752 in fiscal year 1999 for mittee is the most enjoyable aspect of proposed in the fiscal year 1999 budget. THAAD. anything I have done in the U.S. Sen- The Committee amendment to the bill With the recent test failure, however, ate. It is a truly bipartisan committee implementing the agreement with the it will be virtually impossible for working for one purpose: To strengthen Intelligence Committee eliminates THAAD to enter EMD during fiscal our Armed Forces, and to strengthen EMD funding for THAAD in fiscal year year 1999, which means that the re- our national security, and to provide 1999, since it is unrealistic to expect maining $254 million of THAAD EMD our men and women in uniform with THAAD to enter EMD during that pe- money cannot be spent. the very best that we can under obvi- riod. I am very disappointed by the results ously difficult budget conditions. I must point out that the Committee of the THAAD test, but I continue to It is the first responsibility of gov- is proposing that the Senate make this believe that this program is important ernment to provide for the common de- adjustment without prejudice to the and must be permitted to proceed. fense. We are proud of the work that THAAD program. I believe that the Therefore I believe that the Senate our men and women in uniform have Committee will need to follow this pro- should support the full budget request done—their dedication, their commit- gram as we proceed to conference with of $497 million for THAAD demonstra- ment, their sacrifice, their loyalty, the House on this bill. If it turns out tion and validation. Nonetheless, due their duty, their honor—all virtues that we need to adjust this position to to the circumstances that the THAAD which are in short supply in this coun- one that is better for the underlying program is now in, I believe the best try today. There are few institutions THAAD program, I will work with course of action to take now is to dis- left that honor those virtues. The mili- Chairman THURMOND to do just that. approve funding for THAAD to enter tary is one of them. Mr. SMITH of New Hampshire. Mr. EMD during FY99. I would remind the It has been a great pleasure for me President, I rise to address the com- Senate that this would leave almost over the past 10 years to be a part of mittee amendment offered by the Sen- $500 million in the THAAD program that, to help shape those forces to ad- ator from South Carolina and the Sen- overall. dress the needs and concerns, to look ator from Michigan. This amendment I would like to emphasize that I fully to the future to see what is needed, and implements agreements made between support the THAAD program and I to hopefully put in place those pro- the Armed Services Committee and the would not have supported this reduc- grams and policies that will address Intelligence Committee. Pursuant to tion if I felt it would in any way hinder those needs in the future. It has not this agreement, the Armed Services current progress on the program. The been easy. Committee has agreed to reduce by $275 THAAD program is a critical upper-tier The decade of the 1980s was clearly a million funds in the pending bill for theater missile defense program that great time to be serving on that com- non-intelligence programs, and to in- has encountered a setback, but I have mittee. We had a challenging and im- crease by $275 million funds for the Na- full confidence these programs can be portant time. We had a demonstrated tional Foreign Intelligence Program, corrected and the program can move need. We had a demonstrated biparti- which is also part of this bill. forward to its next test. san commitment to address that need, The Armed Services Committee has Mr. THURMOND. Mr. President, this and we had the resources to accomplish considered a range of options for imple- amendment has been agreed to on both that. It all culminated in the most ex- menting this agreement, all of which sides of the aisle. I now ask for a vote traordinary and outstanding victory in involve making difficult choices to cut on this amendment. the history of warfare. The United May 14, 1998 CONGRESSIONAL RECORD — SENATE S4855 States’ and the allies’ performance in ways forged a consensus, and we have us to compete, and to attract and to re- Desert Shield and Desert Storm was done so because foremost in our minds tain these personnel. revolutionary in terms of the way war- was providing for the common defense In that regard, we have provided in fare is dictated. in an effective way and looking out for this bill a 3.1-percent pay raise for I will never forget the debate that we the needs and the interests of our serv- military personnel. We also provide an had both in committee and on the floor ice personnel. increase of $500 million in military regarding what our participation Mr. President, let me just briefly construction projects, $164 million of should be in that situation, and the au- comment on the fiscal year 1999 defense which will fund barracks, dining facili- thorization for use of force, if nec- authorization bill that has just come ties, and military housing. If there is a essary. Those were difficult times. We out of committee and that we are ad- shortfall in terms of what we have done feared significant loss of life. And yet, dressing here on the floor. First of all, for our troops over the years, it is mili- the magnificent synergy of quality per- I want to start with quality of life and tary housing. Much of it, nearly two- sonnel, quality leadership, quality briefly touch on that. thirds of military housing is sub- weapons, quality training, doctrine and I served for 4 years as ranking mem- standard, substandard by military command resulted in something that ber and 2 years as chairman of the Per- code, military, not commercial stand- was truly extraordinary: A decisive sonnel Subcommittee. ards —and the military standards in victory in a very short period of time While I still serve on that committee, many cases are not up to the same with minimal loss of life and injury— I no longer am chairman. I will leave level as private standards—and yet creating a dominant military the world much of the details of what that com- year after year we ask our military has seldom witnessed in its history. mittee has done to Senator KEMP- However, that was the culmination of THORNE and the ranking member. How- families to live in this housing. It is in- the decade of the 1980s. Those were de- ever, I view this as the No. 1 priority of adequate housing, it is substandard cisions that were made during the 1980s the committee in establishing our housing, and they do so without com- in terms of how we structure our budget because no weapon, no doctrine, plaint. We owe it to them, to the single forces, what kind of training and equip- no training manual, nothing can take soldiers and airmen and marines, men ment we provide them, how we develop the place of quality personnel. And so and women, and to their families. We our leadership, and how we bring all of our goal has been to attract the very owe it to them to give them affordable, that together. The 1990s have been a best we can, to retain those personnel, decent housing. different story. It has been a time of and to provide them with the essentials We are underway with an initiative budget constraints. It has been a time of what they need, and to provide for that was started by Secretary Perry to, of very significant cutbacks, a time of them a standard of living that is com- in many cases, privatize or leverage rejoicing over the fall of the Berlin mensurate with their sacrifice. the ability of the Department of De- Let me say that no standard of living Wall, over the fall of the Iron Curtain, fense to utilize private contractors to that we can provide is commensurate the demise of a nuclear superpower provide military housing in arrange- with the kind of hours and the kind of that was challenging us for world supe- ments which allow us to make maxi- sacrifice and the kind of commitments mum use of the funds we have, to lever- riority, not that we were looking for that are made by our military person- age those funds in the way that the pri- that, but that it was a triumph of an nel, but we try to do the best we can. vate sector leverages their money to idea, a triumph of an idea of freedom, Over the years they have been short- address this housing shortfall, and so the concept of freedom, and an eco- changed in terms of housing. They we are underway with that. nomic concept of free enterprise over have been shortchanged in terms of totalitarianism and Marxism. That, ob- pay. And they have been shortchanged Health care is another major issue. I viously, led to major changes in the in terms of benefits. We have tried to won’t go into that. I will let Senator way we structured our defense. make up for some of that. It is cer- KEMPTHORNE address that. This is a The decade of the 1990s has been a tainly better than it was but nowhere major concern of our military person- transition period, a period in which equal to the kind of commitment and nel, something that needs to be ad- budget limitations have driven very the demands that we ask of our mili- dressed. We are in the transition period significant changes, a period in which tary personnel. Yet, day after day, year with that also, and there are many the Department of Defense has contrib- after year, they continue to provide questions that need to be answered. We uted more to the elimination of deficit the kind of effort and the kind of serv- attempt to do some of that in this bill spending than perhaps all of the other ice that is unheard of in the private including the direction of three health aspects of Government combined. The sector, and we owe them a great debt of care demonstrations for our military little-told story about why we now gratitude as a Nation. It means that we retirees who are Medicare eligible: one have a surplus with our budget, why we need to keep their pay consistent with related to FEHBP; one related to have been able to control Government pay on the outside. TRICARE; and one related to mail spending, is the contribution of the De- Today, we are attempting to attract order pharmacy benefits. I support partment of Defense to that achieve- people who are skilled in technical these initiatives, but more needs to be ment. That contribution has over- areas, who have the capacity and the done. whelmed all other contributions put capability and the training and the ex- Let me now talk about readiness. together. The roughly 30-percent to 40- perience to employ today’s modern percent declines in spending in real The bill also adds over $400 million to military equipment using today’s ad- the readiness account levels requested dollars, the substantial downsizing of vanced operational concepts. It is not the military, the substantial in the President s budget for our Ac- just simply foot soldiers carrying tive and Reserve Forces. We are all downsizing in procurement, the sub- heavy loads, walking through the mud, aware of the demand on readiness with stantial savings that have been although that will always be an essen- our commitments overseas—Bosnia achieved over what we would have had tial part of our military as it needs to and the Persian Gulf, to name just two, to spend had we maintained our mili- be. But it is that foot soldiers and ev- and there are many, many more. These tary defense spending at the level of eryone else involved in our military are stretching our capacity. These are the 1980s, has made the most signifi- are today operating very sophisticated, costly. They affect our readiness and cant contribution to deficit reduction. modern equipment. They need to think our ability to sustain the preparedness And we shouldn’t forget that fact. That on their feet. They need to have capa- of the force. And we need to understand has happened with a truly bipartisan bilities in terms of information proc- that this is a major concern which effort. essing, in terms of utilizing the latest So it has been a joy for me to work in technologies, in weapons and com- should be continually monitored and with my colleagues, Republican and puters and information sources that addressed by the Congress. Democrat, on these issues. Have we had are commensurate with what is needed I want to focus most of my com- differences of opinion? Yes. Have we in the private sector. ments, though, Mr. President, on the had difficult debates? Closed-door de- And so we have to have the incen- modernization question. For years we bates? Yes. But in the end we have al- tives in place, and pay in place to allow have deferred modernization of our S4856 CONGRESSIONAL RECORD — SENATE May 14, 1998 weapons systems and of our equip- faster, smaller, more lethal and more Let me talk about TACAIR, tactical ment—trucks, radios, and basic equip- deployable force structure it will need aircraft. We have held a number of ment. We have deferred that mod- in the 21st Century. But the Army’s hearings on TACAIR to assess the sta- ernization because we have not had the modernization strategy to pursue this tus of the F/A18–E/F, Super Hornet and resources available to fund quality of modernization is short particularly in the F–22 Raptor. The Navy and the Di- life, readiness, all other aspects of our some of the less glamorous areas of rector for Operational Test and Evalua- national defense such as research and aviation, armored vehicles, and trucks. tion provided their assessment that the development, as well as the moderniza- The committee has added provisions Super Hornet’s, the F/A18–E/F, the tion of weapon platforms and systems. which address these issues. Again, wing-drop and buffeting issues have Now, this underfunding of moderniza- there is not as much procurement for been fixed, and that the program tion was done with the understanding landpower as we would like, but at should proceed with production as that by fiscal year 1998, which we are least we are moving in the right direc- planned. This authorization supports now in, and we are dealing with the tion. those funds requested for the F/A18–E/ 1999 fiscal year with this budget, we I want to say, Mr. President, that we F. will have ended this pause where we have also made some very significant These issues with the Super Hornet have downsized our modernization progress in this whole question of ad- were not as serious as many had spending by as much as 70 percent over dressing Reserve component mod- thought. They were, really, reported as previous levels. And the understanding, ernization. Thanks to the fine work of being more serious than they were. the promise, was that this administra- Senator GLENN in particular, and com- However, they were issues that needed tion would bring procurement back to mittee and staff, we have for the very to be addressed. The Department of the at least a $60 billion a year procure- first time structured what I believe is a Navy and the contractors have success- ment level in fiscal year 1998 in order coherent process in determining Guard fully addressed these issues, and I am to replace aging tanks, aging planes, and Reserve procurement. For the first pleased that the F/A18–E/F program and aging equipment. This is what was time, the budget request by the De- will proceed as planned. originally programmed and projected. partment has included a substantial Now, let me speak about the F–22. Not all of us thought that was attain- amount of funds for National Guard Last year I spoke on the floor at length able. We thought that we were doing and Reserve procurement—a $1.4 bil- about my concerns with F–22 cost over- less than we should. We were able to lion level, which is a 50-percent in- runs and demonstrated performance. secure some funds to plus-up some of crease over last year. Our mark adds to And I want to state for the record here, that modernization in the past but at this another $700 million. up front, I address these issues as a levels far below what was rec- But the important point to note here supporter of F–22 development, not as a ommended to us by experts outside the is that all of the additions that we critic of the F–22. And I spoke last year military and by military personnel who have added for the Army Guard were because was concerned that if we don’t were looking at this question. requested by the Army Chief of Staff, keep our arms around this issue and Well, here we are with an increased including Blackhawk helicopters to en- keep a good, clear oversight of the modernization budget but still at a $50 hance tactical airlift, new and remanu- issue, the F–22 may run into very seri- billion level, not the $60 billion level factured trucks that improve our ous problems in terms of funding and we were supposed to have achieved last transportation capabilities and reduce in terms of support for that funding. year. So, again, modernization ac- operating costs, and radios that enable And I don’t want to jeopardize that. counts remain on the margin. We are the Guard to integrate with the Active Based on the testimony of the Air unable to modernize in a way that we Army’s tactical internet. Clearly, the Force and the assessment of the Gen- believe is most effective from a cost Senate’s bipartisan efforts in this re- eral Accounting Office and other enti- standpoint and from a requirements gard have had a very positive effect on ties, there are many who share a deep standpoint. We have increased procure- the whole concept of total force inte- concern over whether or not we can ment in some areas. And I think we ap- gration. maintain support for the F–22 if costs preciate the ability to gain some extra As we look at limited defense budgets continue to escalate toward $200 mil- funds for that, but I just want our col- on and over the horizon, and as we look lion per aircraft. So we need, and we leagues to know there is no basis on at ways in which we assess the threats ask for, adequate demonstration of per- which to come to this floor and criti- of the future, and at our ability to de- formance and cost control. cize the Armed Services Committee for ploy, and at the cost of those overseas The bill that is before us authorizes spending too much on new systems. We deployments, and at our ability to the requested F–22 funding levels. I are still spending too little on the mod- preposition equipment, and at, perhaps, want to repeat that. The bill before us, ernization of our military forces. We the denial of access to facilities over- for those who are supporters of F–22— are below what the Department of De- seas—to landing strips, sea ports, and and there are many here, because it is fense has told us, well below what they bases—we need total force integration a marvelous new leap-ahead tech- have told us is required to replace the across our Active Army, and our Army nology that is important for our na- aging weapons systems that we cur- Reserves, and our Army National tional security and our national de- rently use, and recapitalize our joint Guard. And in order to accomplish fense in the future—many support this warfighting capabilities. that, we need to dispense with the marvelous new development in tech- Several of these modernization issues former practice of making the Guard nology that is going to provide the come through my committee. I am and Reserve budget requests a second- basis for Air Force air dominance capa- privileged to chair the Airland Com- ary priority to that of the Active bilities in TACAIR for many, many mittee. Let me just talk about some of Army, but to make them an integral years in the future. We have authorized these major procurement items. part of the budget request sent over every penny that has been requested First, the land portion of this—land from the Department of Defense. The for next year’s budget in order to con- power. The committee has held hear- Department needs to assess what the tinue developing the F–22. But we have ings on land power, and we are pleased Reserve components need, and they put some key oversight provisions in to note that the Marine Corps advances need to tell us that in the budget re- place that will help the Congress and in urban warfare experiments and revo- quest, and then we need to look at that help the administration keep the pro- lutionary expeditionary capabilities as an integrated requirement, rather gram on track. And the reason we have with the MV22 and the AAAV seem to than as two separate entities. done this is because there is a great be on schedule. They are important in We have begun, under the prodding of deal in jeopardy if we don’t do that. the future. the SASC, that process of total force Several things could happen if we We are also pleased that the Army is integration and taken a significant cannot control F–22 costs, none of moving forward to consolidate gains it step forward this year. I commend the which are good. One, we could end up has learned from its Force XXI process. Department for doing that and we need treating F–22 as we ended up treating And that the Army says it is inves- to do more for total force integration B–2, another leap-ahead technology tigating the transformation to the in the future. that provided us with one of the most May 14, 1998 CONGRESSIONAL RECORD — SENATE S4857 amazing developments in long-range the technical specifications of the pro- will not turn out as we hope it turns strategic aircraft that any nation has gram that are so significant they don’t out, risk that the flight testing be- ever enjoyed. But we ended up produc- justify the expense to go forward and tween the current level, the 4-percent ing far fewer than what we had planned fix the problem. You almost have to go level, or the 14-percent level will turn because the cost per copy had escalated back to page 1 of the program, and ob- up something that is a showstopper, so high we just simply couldn’t afford viously that puts it in great jeopardy. that is a ‘‘program killer.’’ So we are to produce more. While the threat So we were concerned that before we trying to balance this risk against the today doesn’t necessarily justify addi- execute a contract for production, we cost of delay. tional B–2s, the threat of tomorrow reach a threshold level of testing, In addition to this, there has been a could and we won’t have those planes. flight testing that would give us some very complex set of negotiations that We don’t want that to happen to the F– assurance that executing that contract have taken place with the Air Force 22. would be wise—a wise business deci- and the contractor, in particular, that Second, we could lose support for sion, and a decision in the best inter- imposes a fixed-price contract for these other key systems that are necessary ests of our taxpayers, but also in line initial production aircraft. The Air to provide for our future defense needs, with our defense needs before we exe- Force states: ‘‘This is all the money such as carriers, Comanche, V–22. We cuted that contract. you are going to get. No matter what could jeopardize those systems if the Unfortunately, this F–22 flight test- problems come up, we’re not going to cost overruns for F–22 escalate to the ing program has had to slip. The first give you more, so you have to operate point where we are spending more flight was nearly 4 months late. In- under the fixed-price contract.’’ money on that program, and we have stead of May of 1997, it was in Septem- The contractor comes back and says: to take it from somewhere else. And I ber 1997. Another test flight had to be ‘‘Well, if we have to operate under the am afraid we would have to take it canceled. To date, only 3 hours of flight fixed-price contract, you can’t delay from these key and necessary weapons time have been accumulated. In addi- the contract, because there is no way platforms that we require in the fu- tion, the program is experiencing man- we can meet the goal of producing ture. ufacturing delays of up to five months. what you want us to produce at the Or third, we could lose the ability to And we have already had the previous time you want us to produce it under produce what we need of the Joint assessment of a Joint Evaluation Team the cost cap that you have imposed on Strike Fighter. The Joint Strike of Air Force and industry experts that us if you delay the contract and pro- duction process.’’ Fighter is the complement to the F–22 concluded the F–22 program would sig- So all of this has to be put into the that is coming on at a later date. It is nificantly exceed its cost estimates mix and a decision must be made in currently in its early stages of its engi- and that it should be restructured to terms of how we proceed. neering and manufacturing develop- reduce risk. This caused us to reallo- This is what we decided to do: No. 1, ment, and we could jeopardize this pro- cate a very significant amount of we are going to approve the budget re- gram if F–22 costs grow. The reason funds, $2.2 billion, to get the program quest for the full funding of continued why we cannot allow that to happen is back on sound footing. development for the F–22. However, we that the Navy and the Marines are ab- Yet, despite all these problems, the are going to put what we call a fence— solutely depending on the Joint Strike Air Force wants to move the contract that is, we are going to put some of the Fighter to provide stealth and to ad- award not back, not to keep it at the what we call long lead money, money dress their other TACAIR needs for the same level, but to move it forward 6 that is going to be spent in the future future, just as the Air Force is depend- months when the program hopes to on items that allow us to prepare for ing on F–22 to address their needs. have only 4 percent of its flight testing production—we are going to put that In fact, the Marine Corps has staked We have had a lot of debate about money in a category which says it will their entire TACAIR future on Joint this. We have had hearings. We have not be released for expenditure until a Strike Fighter. So we have to be care- heard from the contractors. We have couple of things happen. ful that we preserve our ability to go heard from the Air Force. We have First of all, I need to point out, we forward with the conventional variant, heard from outside witnesses. We have are going to go ahead and produce and the carrier variant, and the short take- heard from experts. We have debated buy the Lot I series of F–22 which con- off / vertical land (STO/VL) variant of among ourselves. And I believe we have sists of two aircraft. We are going to the JSF. And that is why we have reached an acceptable consensus as to keep that on schedule. There are no re- placed some prudent oversight provi- how we ought to address this particu- straints on that, no holds, no fences, no sions on F–22. lar problem. conditions. This is underway. We need Here is what we have done and here We need to address it because the ob- to proceed. We are going to buy those is why we did it. When we reviewed the vious answer, the first answer that first two planes. F–22 program, the Air Force planned F– comes to mind, is, ‘‘Well, let’s just Lot II consists of the next six planes. 22 flight tests beginning in May of 1997 delay; let’s just delay until they get to What we are going to do is say that ad- with a contract award for the Lot I 14 percent.’’ I wish it were that easy. vance procurement of lot II F–22s, the production scheduled in June 1999. Lot Delay means that the prime contrac- next six aircraft, cannot commence 1 is the first two production planes, tors have to cease a schedule of lining until we reach a threshold level of 10 which are followed by a Lot 2 of six air- up subcontractors, of establishing pro- percent of testing, which is the mini- craft. And this gets a little esoteric duction lines, of hiring workers—a mum that was specified by the Defense here—they planned for that contract myriad of tasks that have to be accom- Science Board back in 1995—not the 14 award for June of 1999 when there plished, people who have to be hired, percent, but the 10 percent. Remember, would be 601 hours of flight testing procedures that have to be put in they gave us the range of 10 to 20 per- complete, which is 14 percent of the place—and that delay costs a great cent. We thought 14 percent was an total flight-test program. deal of money and can break the pro- adequate number. We are going to drop The 14 percent is an important duction base of the program. that down to 10 percent. That is the threshold because the Defense Science We have had this very complicated minimum. So there is still risk, and we Board Report of 1995 on the F–22 pro- schedule to put together. We are talk- are trying to minimize risk and bal- duction noted that most of the ‘‘pro- ing about one of the most complex and ance risk against cost. gram killer’’—how they describe it, difficult development processes and We are going to fence that money ‘‘program killer’’ problems are usually production processes that anybody can until 10 percent of testing is complete discovered in the first 10 to 20 percent imagine. This involves a great deal of or until the Secretary of Defense cer- of developmental flight tests. effort, time, and cost. To delay that in- tifies to us that a lesser amount of Our experience in the past has dem- curs considerable risk and considerable flight testing is sufficient and provides onstrated that somewhere in that 10- to cost. his rationale and analysis for that cer- 20-percent range we find the kind of By the same token, going forward tification. And we are also requiring problems that can potentially termi- without adequate testing produces a the Secretary to certify that it is fi- nate or cause major modifications to great deal of risk—risk that the F–22 nancially advantageous to proceed to S4858 CONGRESSIONAL RECORD — SENATE May 14, 1998 Lot II production, aircraft three or more years from now. Just as the as- We believe there needs to be an ongo- through eight, rather than wait for tounding success of Desert Storm was ing, continuing process, a continual up- completion of the 10 percent of the cur- the result of decisions made in the late date and assessment of the threat, and rently planned test schedule. seventies and throughout the eighties, how we address that threat, and what That last portion is something Sen- the successes that we can achieve in changes need to be made, and what ator LEVIN suggested. The first portion addressing threats of the future in the structures need to be imposed in order is what I suggested. The two together, year 2014 or the year 2020 or beyond to successfully address those threats in I believe, form a good basis for us to will be determined by the decisions the future. impose upon the Secretary of Defense a that are made today, and in 2001, and With that, we combined the QDR certification and verification process 2003, and 2007. with a process which we labeled the that provides us the necessary assur- Those decisions—in terms of the kind National Defense Panel (NDP). It was a ance that they have kept their eyes on of platforms and equipment that we selection of outside experts who took a the program, have determined through purchase, in terms of the kind of doc- look at the same situation, a second testing that if that level is 8, 81⁄2, 9 or trine that we develop to address those opinion, if you will. Faced with a seri- 91⁄2, that is sufficient. There is no new threats, in terms of the kind of ous disease, people should—and I think magic to the 10-percent number. Again, forces that we structure, in terms of in most cases do—get a second opinion. it was selected because the Defense the kind of assessments that we make We don’t just go to the very first doc- Science Board set it as its minimum. of those threats and the response to tor and say, ‘‘Well, that sounds good. However, we have new production tech- those threats —those decisions will be Let’s go ahead.’’ And we should treat niques, we have new manufacturing made now and in the next several our national security the same way. processes in place for this plane, which years. And we will understand the sig- ‘‘This is so serious, potentially life have never been done before. And if we nificance of that well beyond the time threatening, I want a second opinion can, through simulation, if we can, that most of us will still be in the U.S. before I make a decision.’’ The NDP through other procedures, determine Senate. was our second opinion, but it was an that we have adequate information rel- But we owe it to the future—just as outside opinion. ative to the performance and capabili- those who made the decisions in the We worked closely with Secretary ties of this plane to go into production late 1970s and in the 1980s provided for Perry, Deputy Secretary White, and at a lower level of demonstrated per- the future success of our national de- others to fashion how we select these formance, then the Secretary can cer- fense strategy in the late 1980s and individuals for the NDP, and how we tify that for us. 1990s—we owe it to the future and fu- put this process together. It was led by He can’t do that if the flight testing ture generations to make the right de- Phil Odeen, chairman of the National is less than 4 percent. We have to get cisions now. Defense Panel, and with distinguished to at least that level. Of course, that is We know that the threats of the fu- and recognized outside thinkers, ex- the level suggested to us by the Air ture will be different than the threats perts, and experienced people with Force as necessary, and that is the of the past. Few, if any, tyrants or dic- military background and training. level they currently plan to achieve be- tators or world leaders will ever again That panel produced an extraor- fore contract award. Those are the nec- amass forces in a desert situation and dinary report which ought to be one of essary flight test hours that are re- line them up in traditional warfare and the blueprints for the future. We have quired to move up the contract award 6 take on the capabilities that the combined this external NDP process months. United States demonstrated during the with the internal QDR process to try to Those are the committee’s efforts to Gulf War. lay out an assessments of where we try to balance risk with excess cost for No dictator is going to pour tens and are, where we are going, and how we delay and put in place a process that hundreds of billions of dollars into will get there. Our defense authoriza- will give us the opportunity to have building the kind of defense structure tion bill this year includes a sense of the oversight and to force the Sec- that the United States annihilated in the Congress on a key process at the retary of Defense to keep his focus on Desert Storm. They are going to be foundation of fulfilling some of these the F–22 program and on any kind of looking at different types of threats, requirements—the designation of a cost escalation that might jeopardize threats that we call asymmetric, not combatant commander who has the the program. what is typical, not what we expect, mission of developing, preparing, con- We have reached this accord with the not the war of the past, but the war of ducting, and assessing a process of significant help of members on both the future. joint warfare experimentation. sides of the committee. The committee Historians will tell you that those This joint warfighting experimen- was unanimous, Republicans and who fight wars based on the last war tation is at the foundation of this Democrats—unanimous—that this is lose the next war—because their adver- whole defense transformation. Basi- the procedure that we ought to put in saries are always adjusting, always cally, what this process says is that be- place. So there is complete bipartisan evaluating and transforming. We saw fore we rush into what Senator COATS support for this effort. that with Blitzkrieg; we saw that in or Senator LIEBERMAN or the Armed I am urging my colleagues, and I naval aviation and a number of ways Services Committee, or even the Chair- have already had discussions with some throughout history. The last thing we man of the Joint Chiefs or the Sec- of our House colleagues about why this want to do is maintain the status quo, retary of Defense, thinks is the direc- is important. This should not be an because the status quo will not be ade- tion we ought to go, let us test it, let item for compromise. We have made quate to address threats of the future. us test some ideas, let us experiment, some very, very tough decisions here. So defense transformation is necessary. let us look at how we develop all of Mr. President, in moving away from It is necessary to prepare us for the fu- this, let us take the good ideas and TACAIR, let me talk for a moment ture. But how do we transform our throw out the bad, let us not just com- about defense transformation, some- military capabilities? mit to something that turns out 4 or 5 thing Senator LIEBERMAN and I have The Armed Services Committee has years from now to be the wrong item or worked on diligently in the past sev- focused on this issue. A couple of years the wrong direction. eral years. I am pleased he has joined ago we authorized what we call the Secretary Cohen is reviewing cur- me on the floor, and I know we will Quadrennial Defense Review (QDR). It rently, for his signature, a charter hear from him about this when I am simply means once every 4 years there which would assign the mission of joint finished. is a review of the threats, and the proc- warfighting experimentation to a com- Defense transformation is, I think, a esses and capabilities we have put in batant commander, the Commander in necessary process to address the place as the means by which we address Chief of US Atlantic Command threats of the future and to have the those threats. This QDR was an inter- (USACOM) in Norfolk. We have met capability to deal with those threats. nal process. It was a process that takes with Secretary Cohen. And we met What happens under defense trans- place within the Department of De- with General Shelton and Admiral formation will bear fruit 10 or 15 or 20 fense. Gehman, the CINC of USACOM. They May 14, 1998 CONGRESSIONAL RECORD — SENATE S4859 have worked with us to craft this lan- As I said earlier, it is just as impor- avoid those circumstances. And the guage. We have their full support. tant to select winners as it is to deter- tragedy that we should have learned is We are not going forward here think- mine losers. Under joint experimen- that being unprepared for the threats ing that we know all the answers to tation, failure can be a virtue. We we face at the outset of conflict results these issues. We are not the experts. know everything will not be a success. in the need to build significant memo- We have some ideas and we would like We do not want to reward failure, but rials to those who sacrifice their lives, to move them forward. And we have we want to recognize failure as impor- and to those whose lives were cor- bounced them off the Department. And tant to determining what works and respondingly changed forever—those we have worked together. And we have what does not. The worst thing we families, those relatives, those friends. structured something which we agree could do is make a commitment to a All this because we failed to prepare on. I visited USACOM. I visited their major change in doctrine, operational for the relevant threats that confront joint training and simulation center, concepts, weapon systems, or force us. and their joint battle lab. And I can re- structure only to find out that it does We desperately want to avoid this port, Mr. President, that progress is not address the relevant threats of the situation. We know we will be facing being made to develop the foundation future. It is through experimentation different threats in the future. We for this joint experimentation process. that we can distinguish the true leap- know that the way we are currently The Senate, I believe, has been keen- aheads in capability, from those that constituted doesn’t necessarily prepare us to address those threats success- ly aware of the need to transform our fall short. military capabilities to address the po- Identifying these failures will be just fully. Obviously, the most successful tentially very different challenges we as important to our achieving success thing we can do is ensure we are never are going to face in the future. The Na- in transformation, as identifying the vulnerable to be exploited in the first place—to be so prepared and to be so tional Defense Panel report argues that leap-aheads themselves because it will strong that no adversary desires to these challenges—which include things allow us, in a time of limited budget, take us on. For us to achieve this pre- such as challenges in power projection, to deploy and to utilize our resources paredness, it is going to take a trans- information operations, and weapons of in the most effective way. mass destruction—can place our secu- We cannot afford to do what we did formation in thinking. And it is going rity at far greater risk than what we in the 1980s. The threat was so great, to take a transformation in structur- face today. the work that we had to do was so ing our military forces and in our oper- Correspondingly, the NDP rec- needed, the status of our defense forces ational concepts for us to be prepared to address the threats of the future. ommended establishing this combatant and our national security was so at The joint experimentation program is command which will drive the trans- risk, that we had to risk failure to de- one piece of the puzzle in terms of how formation of our military capabilities termine success. But we had the budget we transform our capabilities to do through this process of joint experi- to accommodate this failure if we had that, and this bill supports that effort. mentation. The NDP testified that the to. We had the budget to experiment In short, joint experimentation is es- need for this joint experimentation and still develop all the potential sys- sential to ensuring that our Armed process is ‘‘absolutely critical’’ and tems. We don’t have that luxury any- Forces are prepared to address the se- ‘‘urgent.’’ I am pleased that the De- more. We don’t have the kind of funds curity challenges of the 21st century. partment of Defense has been so coop- that were available in the 1980s. There- In conclusion—I have taken a long erative in working with us in helping fore, we must be selective. And there- time—the bill makes great strides in to establish this new mission for a fore we must have a process which al- improving quality of life, readiness, command and this new process. The re- lows us to determine what is the wisest and modernization of the force. And sounding consensus from several hear- course of action to take. this bill also lays the framework for ings on defense transformation that we Mr. President, previously in our his- the transformation of defense capabili- have held in the committee support the tory this country has found itself un- ties to address the operational chal- combination of joint and service ex- prepared for the threats we have faced lenges envisioned in the 21st century. perimentation as the foundation for at the outset of war. With God’s grace I want to acknowledge and thank the the transformation of military capa- and with the magnificent commitment distinguished service of our chairman, bilities to address the operational chal- and response of the American people, Senator THURMOND, who has provided lenges of the future. we have always rallied to eventually such diligence and tremendous effort as So we are taking joint and service ex- overcome these threats to our freedom. chairman of this committee. He has perimentation, and combining our ef- That was always done at a cost, not been a member of the Senate Armed forts, those best efforts and forces of only the fiscal cost to the taxpayer, Services Committee for nearly 40 our services and of our unified com- but the cost in terms of the lives of years. This will mark his last defense manders, along with individual service young people who made the ultimate authorization bill as chairman of the experimentation initiatives—Force sacrifice for our country. We are cur- committee. He will always be chairman XXI, Sea Dragon—and a whole number rently contemplating the construction in our hearts, and chairman emeritus of other joint and individual service of a World War II memorial down on of that committee, and will continue to processes, and looking at ways in The Mall. It will join the Vietnam me- make significant contributions. What a which we take the very best insights as morial. It will join a tribute to the Ko- privilege it has been for this Senator to the basis for developing our capabili- rean war. It will join other monuments serve under this distinguished leader- ties for the future. to wars that this country has fought ship of this distinguished member who This process of experimentation is which ought to sober all of us and re- has given so much to this committee! designed to investigate the co-evo- mind us of the tremendous cost we had I also thank Senator GLENN for his lution of advances in technology, with to pay in order to secure and maintain support and stewardship of defense changes in the organizational structure our freedom, and to provide freedom issues in this, our last defense author- of our forces, and with the development for millions of people around the world. ization bill. People have said, ‘‘What of new operational concepts. The pur- Previously in this nation’s history, has happened to our heroes in this pose of joint experimentation is to de- we have found ourselves unprepared for country?’’ JOHN GLENN is a genuine termine those technologies, those orga- the threats we faced at the outset of American hero—first to orbit the nizations, and those concepts which war. Because we were unprepared, we Earth, and now, at the age of 77, at the will provide a leap-ahead in joint were vulnerable. Because we were vul- termination of a distinguished Senate warfighting capability. Just as we are nerable, we were exploited. And we had career, he will climb back in the shut- looking to leap-ahead technologies in no choice but to respond. We did so, tle and orbit the Earth once again. I platforms, aircraft carriers, joint but we did so often at a terrible cost. It think that is one of the most remark- strike fighters, et cetera, we are look- was worth the cost because we have able achievements of this century. And ing for leap-ahead development in con- maintained our freedom and we enjoy we recognize him for that. cepts, and in doctrine, and in force that freedom today. But we desperately Senator LEVIN, as ranking member, structure. want to learn from our history how to has made an outstanding contribution S4860 CONGRESSIONAL RECORD — SENATE May 14, 1998 to our efforts. Many others, up and Senator from South Carolina, the Sen- think about how to stay with it and down the committee, have also played ator from Michigan, who have worked produce the most cost-effective defense very significant roles in this. Again, I together as chairman and ranking we could. From that coincidence, we say this is a truly bipartisan effort. member to do exactly what Senator began to work together on some of the Finally, without the support of our COATS said earlier, which is to build a elements of this authorization bill that staff, this could not have been accom- strong, bipartisan—in many ways, non- Senator COATS has spoken of and which plished: Les Brownlee, staff director; partisan—effort to meet the defense I will get back to in a moment. I want- and his counterpart David Lyles as mi- national security needs of our country. ed to thank him, while he was on the nority staff director; our committee We used to say, and sometimes we floor, for his tremendous contributions, staff, Steve Madey and John Barnes are still able to, that partisanship and in a personal way, thank him for who have been so helpful to me on the stops at the Nation’s borders, at the the partnership that we have had, Airland Subcommittee; Charlie Abell, water’s edge, when we enter foreign which has also become a friendship. I who I think is on the floor here, was so policy, defense policy. It could also be hate to see him leave; I am going to helpful to me during my time as Per- said in good measure that partisanship miss him, and the Senate will miss sonnel Subcommittee chairman. stops when we enter the rooms of the him. I know that wherever he is, by his My personal staff—Frank Finelli, Senate Armed Services Committee. I nature, he will be involved in public Pam Sellars, Bruce Landis, Sharon thank the leadership of this committee service. I wish him Godspeed in that Soderstrom, and others—has been so for making that possible. work. helpful. I couldn’t do it without their I want to pay particular tribute to Mr. President, I rise to support the help. Senator THURMOND, who is an Amer- bill before us because I believe it is a And in closing, I wish to state that ican institution, a figure that looms very responsible bill. It is a bill that this defense bill has my full support, large in our history, who, as we all adequately provides for our Armed and I strongly encourage all members know from personal service with him, Forces, which is our constitutional re- to support it. manages to do what they used to say sponsibility, fully in accord with our PRIVILEGE OF THE FLOOR only about wine, which is that he gets duty of raising Armed Forces to pro- Mr. COATS. Mr. President, in that better as he adds years. He is not only tect our Nation. After all, it is one of regard, I ask unanimous consent Bruce informed and experienced and commit- the primary responsibilities that moti- Landis, a fellow in my office, be grant- ted; the truth is, he is a great patriot. vates people to form governments, and ed floor privileges throughout the con- In so many ways that will never be I think this bill continues to carry out sideration of this bill. visible, his leadership has strengthened that responsibility, uphold that duty in The PRESIDING OFFICER. Without the security of the United States of a way that is measured and as best we objection, it is so ordered. America in the world. It has been a could do under the circumstances. It The Chair recognizes the Senator great honor to get to know him at this has never been easy to make the from South Carolina. stage of his career, to work with him, choices that are necessary to make Mr. THURMOND. Mr. President, I particularly on the Armed Services when one deals with national security. wish to commend the able Senator Committee, to thank him on this his- I would say, having been honored to be from Indiana. First, he has delivered a toric occasion as he manages the last part of this process on the committee, magnificent address on the importance of these armed services bills through that it has been even harder than nor- of the Armed Services Committee work the Senate. The nation is in his debt, mal this time, because we have been and defense in general. deep debt. I think all of us who have working with very severe fiscal con- Next, I want to commend him for the served with him are very proud that we straints. long, faithful service he has rendered have. Senator COATS made the important to this committee. I don’t know of any This is a person who, in the hurly- point—one that I think is little appre- member of the committee that has burly and sometimes mean-spirited ciated here in Congress and, more worked harder and has stood stronger world of politics, never seems to have broadly, around the country—that as for defense and has been more knowl- anything but a positive word to say— we have worked very hard to bring our edgeable in accomplishing what we certainly, toward his colleagues. In ad- Federal Government books into bal- have been able to do than the able Sen- dition to all of the substance that I ance, the real contributor to that bal- ator from Indiana. He is truly an ex- have talked about, that notion of spirit ance in reduced spending has been the pert on armed services matters. I wish is one that I deeply appreciate. defense side of the budget. That is the him well in all that he does in the fu- Mr. President, while we are talking fact. Sometimes people look at the ture. about members of the committee, I do amount of money we are authorizing I regret that he has seen fit not to want to thank Senator COATS, the Sen- and appropriating for national security run again. We will miss him here. A ator from Indiana, for the remarkable and say, ‘‘You folks don’t understand vacuum will be created. It will be hard statement he has just made—eloquent, that the cold war is over.’’ Believe me, to fill. He is such a fine man, such a thoughtful, informed. He has made a we understand, and the programs have knowledgeable man, and such a dedi- tremendous contribution on this com- been constricted, have been in some cated man. I want him to know that mittee. It has been a real pleasure to ways squeezed, and even strangled oc- our country appreciates what he has work with him on a host of issues. In casionally to live within the con- done. our case, it almost seems that I don’t straints, to give what we have been I yield the floor. have to say ‘‘across party lines,’’ be- asked to give to help in this great ef- PRIVILEGE OF THE FLOOR cause we never thought about that; we fort that is now successfully achieved— Mr. BINGAMAN. Mr. President, I ask were focused on common interests. to balance our budget. unanimous consent floor privileges be We got interested in this business of Lets talk specifically. By my reckon- granted to John Jennings, a fellow in the military transformation when we ing, this is the 14th straight year in my office, during the pendency of this were both invited, on the same day, to which our defense authorization and defense bill. a day-long seminar that a think tank the spending to follow has declined in The PRESIDING OFFICER. Without in town was holding on national secu- real dollars. We are spending a smaller objection, it is so ordered. rity. We spoke at different times dur- percentage of our gross domestic prod- The Chair recognizes the Senator ing the day. We had not talked to each uct on defense today than at any time from Connecticut. other about the fact that we were on since prior to the beginning of the Sec- Mr. LIEBERMAN. Mr. President, I the same program, and we both essen- ond World War. I know the cold war is rise today in support of the fiscal year tially gave the same speech about the over, but the reality is that the world 1999 defense authorization bill. challenges facing our military—that in not only remains an unsettled and dan- I do want to add my own voice to a world where we have faced a remark- gerous place—as we have seen in the those who have offered thanks and able range of challenges, post-cold war last few days with the nuclear explo- praise to the leadership of our commit- revolution, technology, and fiscal re- sions in India—but that our military, tee, the distinguished chairman, the sources constraint we had to begin to in many ways, is operating at a more May 14, 1998 CONGRESSIONAL RECORD — SENATE S4861 intense and faster up-tempo than it did how important innovation and knowl- tion, chemical, biological, and nuclear; during the cold war. And the limitation edge are, are investing more and more. the means to deliver those weapons on funding that we have imposed on The best businesses constantly reinvest with the unprecedented ability from ourselves has made it difficult to do all in basic research technology and cre- standoff positions and with great accu- that we need to do, has made it dif- ative development. This is an alarming racy. ficult to provide for our personnel as trend, and I point it out on the floor Ballistic missiles: I voted yesterday we want to provide for them, and has here this morning with the hope that for cloture on the measure introduced put us in a position to push them at a we will see it, come to understand, and by the Senator from Mississippi, Sen- very intense level, leading some to turn it around. I am encouraged to be- ator COCHRAN, and the Senator from leave. lieve that my colleague from New Mex- Hawaii, Senator INOUYE, on the policy As is well known, Mr. President, the ico, Senator BINGAMAN, will, at some of creating a national missile defense Air Force particularly is seeing a sig- point, be offering an amendment to and stating that clearly here in the nificant departure of pilots. They have this bill, if not a freestanding bill, Senate. I didn’t agree with every provi- invested a lot of money in training, which would set some higher standards sion of the bill. To me, it is an urgent pushing them at a very hard pace, and and goals for increasing our support of national problem that deserved our de- more and more of them are just reach- the science and technology aspect of bate. When we got to it, I was going to ing the conclusion that, well, I love my the defense budget. prepare some amendments. I hope country, I love to serve, I have been Incidentally, Mr. President, there is eventually we do get to it and we can trained to do this, I love being a pilot a bright story to be told here. The in- have an agreement across not only the for the U.S. military, but my family vestments we make in defense tech- aisles here but between the Congress can only take so much; it is time to nologies have produced enormous bene- and the administration to state clearly leave and get a much higher-paying job fits for civilian and commercial tech- that the development of a national in commercial airlines and have more nology, and for our world, our econ- missile defense is a national priority time with my family. omy. Most people, if you ask them and here is the way we ought to go at So this steady constriction of our what the most exciting technological it. spending on the military has had an af- development of recent years is, would Incidentally, when we go at it, we fect on us. This budget is 1.1 percent say personal computers, the Internet— ought to begin to negotiate it with our below the rate of inflation. The budget the unprecedented ability we have to friends in Russia about how it affects that we put before you, the authoriza- communicate with each other and the the Anti-Ballistic Missile Treaty, not tion bill, S. 2057, is 1.1 percent below people around the world to gain knowl- to do it by way of surprise or antag- the rate of inflation. That means more edge rapidly. onism. But the Anti-Ballistic Missile pressure to get more out of what is The Internet is the result of invest- Treaty was negotiated and signed more being provided. It is having an affect. ments that the Defense Department— than a quarter of a century ago. The Let me describe one area I am par- DARPA, the research agency—made world is a very different place. In many ticularly interested in, because I have years ago for its own original military ways, the strategic interests of Russia had the privilege of serving as the uses. Then it spun off and become the and the United States are comparable ranking Democrat on the Subcommit- Internet. You could mention one after certainly on this ground: Common con- tee of Armed Services on Acquisition another of the remarkable develop- cerns about being affected by the and Technology. It is a pleasure to ments that make our lives more excit- spread of technology and ballistic mis- serve with the Senator from Pennsyl- ing and make it easier to be educated siles delivering weapons of mass de- vania, Mr. SANTORUM, who has done a but in effect make us safer but struction. superb job as chairman of the sub- healthier. They came from science and So put that together—revolution of committee. There are no partisan dif- technology budgets of the DOD. We cut military affairs, global changes—and ferences here. We both agree that there that. We are again down from $9.5 bil- add to that the fiscal restraints that I is a dangerous trend in our investment lion in 1993 to almost $7.2 billion in have described, and you have a tough in science and technology. It has often 1999, the next fiscal year. That is a situation, one that falls on us here in been said, but it bears repeating, that problem. We are all going to pay for it. Congress and on those who serve our we are some distance from the great Mr. President, overall when we look Nation in uniform and as civilian lead- victory we achieved in Desert Storm at the various factors that create the ers in the Pentagon, to not accept the and the Gulf war. The remarkable tech- environment for security and inter- status quo, to stick with it. Everything nologically and sophisticated weapons national security, when we look at the is changing. You can’t succeed and system that so dominated the enemy in effect that these technological changes stay static, stay the way you have been that war didn’t just spring out of no- are having in creating what the experts doing. You have to keep moving. You where a year or two before the war; call a revolution in military affairs, we have to keep looking for better ways they are the result of investments in can do things we could never do before. for doing what you are doing. You have science and technology that occurred Commanders are able to see the entire to keep looking for efficiencies and in the 1970s, which came to maturation battlefield before them in real time, finding ways to save money so you can in the 1980s, which produced the sys- not only on the battlefield. We have use that money to invest in other areas tems and the equipment that we used the ability now to send a picture of that help you with your future defense. so successfully in the early 1990s in Op- real time back to somebody at a base, There is a great company eration Desert Storm. or even at the Pentagon thousands of headquartered in the State of Con- The Department of Defense’s science miles away from the battlefield, to see necticut. Awhile back, I was reading in and technology budget has three basic what is happening and sight the one of our newspapers that they were elements: basic research, applied re- enemy. We have the ability to strike about to achieve record profits in a search, and advanced technology devel- an enemy from standoff positions, ex- quarter, that they were going to go opment. The total science and tech- posing our own personnel to no danger, well over a couple of billion dollars on nology budget, comprised of these com- with remarkable accuracy. And it is an annual basis, I believe, in profits. ponents just mentioned, has declined changing constantly. What is the story? The CEO of the com- from $9.5 billion in fiscal year 1993 to So we have the revolution in military pany is calling in all of the division $7.7 billion last year, and to somewhat affairs. We have the global changes heads and pushing them for how they over $7.1 billion this year. These are that are occurring: The end of the cold are going to find new efficiencies in the the investments we are making in the war; breakouts in some places of na- company—What are the market oppor- brilliant ideas that lead to the remark- tionalistic and ethnic rivalries; and the tunities of the future? What are their able weapons systems that we are spread of technology so that nations competitors going to be doing?—know- going to need in the future to defend that are less wealthy than we are can ing that, as great as things are now, ourselves. focus their energy into, unfortunately, unless they keep asking those ques- No business would do this. Today, in lower priced means of not only defense tions, they are not going to stay on top fact, private business, understanding but offense—weapons of mass destruc- 5 years from now or 10 years from now. S4862 CONGRESSIONAL RECORD — SENATE May 14, 1998 That is exactly the way I think we ity. I want to speak about them. The war fighting—a very important step have to approach our national security. first supports the Chairman of the forward. We are the strongest nation in the Joint Chiefs of Staff, our current chair- We in Congress have also been con- world; unrivaled. Yet the world is man, General Shelton—doing a superb cerned about the shortcomings in de- changing. We have to keep focusing on job—in his decision to establish a joint fense policies and programs derived those changes. experimentation process. The second from some of the earlier assessments. General Shalikashvili a while ago, requires on a regular basis a Quadren- In 1996, we passed the Military Force when he was Chairman of the Joint nial Defense Review and a National De- Structure Review Act. That act re- Chiefs of Staff, informed us and warned fense Panel assessment be done every 4 quired the Secretary of Defense to us about what we call—as Senator years—the experience we have been complete in 1997 a Quadrennial Defense COATS mentioned today—‘‘asymmetric through in the last couple of years not Review of our programs to include a warfare.’’ Yes, we are the superpower, to be a one-time experience but it con- comprehensive examination of our de- but a much lesser power, much less tinue on. fense strategy, force structure, force wealthy, less technically developed, Let me talk about the first. And, modernization plans, infrastructure, smaller military can focus its invest- again, I see this not only as a move to and other elements of the defense pro- ment of funds into an area where they jointness, not only as a way to better gram and policies with a view toward see some vulnerability in us, asymmet- take advantage of the revolution of determining and expressing the defense ric, and strike at that vulnerability— military affairs, but to be more effi- strategy of the United States and es- perhaps our capacity to forward deploy cient. We have developed a force serv- tablishing a revised defense program our troops, perhaps using weapons of ice. They are remarkable centers of ex- through the year 2005. mass destruction, chemical warfare; or, cellence and purpose, patriotism, but That Military Force Structure Re- noting how dependent we are now on no one would want to diminish the view Act of 1996 also established a Na- space-based assets for navigation, for unique contributions each one of them tional Defense Panel, a team B, a group surveillance, targeting, for commu- makes; and yet there are redundancies of outside experts, many of them with active military experience, to assess nications, perhaps to try to develop and we have to find ways while preserv- the Quadrennial Defense Review and to systems that would focus on that de- ing the uniqueness of each service—and conduct their own independent, non- pendence and try to incapacitate some the special edge that some of that com- partisan review of the strategy force of those systems, hurting us in a con- petition among them brings—to also structure and funding required to meet flict. bring them together more in joint re- So we have to look at that wide quirements, joint experimentation be- anticipated threats to our security range of threats and protecting our as- cause our premise is—and the experts through the year 2010 and beyond—an attempt to force the process to do what sets in space, developing our ability to tell us this, the National Defense Panel our colleagues in the private sector do, defend against weapons of mass de- told us this—that more and more war try to look out beyond the horizon, struction delivered by ballistic mis- fighting of the future will be joint war make some reasoned and informed siles. fighting. That is why we have to continue to During the 1980s it became clear that judgments as best we could about what find within a budget that is going to be we needed to change the way our mili- threats we face, what competition we constrained—I don’t see in the near fu- tary was organized, with more joint face, and then come back and decide where should we be investing, how ture, certainly barring the kind of planning, more joint conduct of mili- should we be restructuring and reor- international crisis that none of us tary operations. The Congress of the ganizing to be in the best possible posi- wants, hope and pray never occurs, a United States in that period of time tion to meet those threats of the fu- great public support, a support here in stepped up to the responsibility when, ture. Congress, for the kinds of increases in frankly, the Pentagon would not and I appreciate the bipartisan, unani- our military spending that we truly responded with the Goldwater-Nichols mous support that was given to that need. act, which I would say that most ev- Military Force Structure Review Act So we are going to have to squeeze erybody today in Congress and outside of 1996, and I believe it resulted in two more out of the rock. That means says was right and necessary. reports that have had a very important The collapse of the Soviet Union and tough questions. It means, in my opin- effect on our military and how we view the unprecedented explosion of techno- ion, that we are going to have to go our future needs. back and do another look at our infra- logical advances that could fundamen- The QDR, as it is called, the structure. It is controversial; I under- tally redefine military threats and Quadrenniel Defense Review, com- stand. But all of the statistics tell us military capabilities in the future, pleted by the Secretary in May 1997, that we have more infrastructure than once again, have generated the need defined the defense strategy in terms of we need, that we have reduced our per- this bill responds to to examine the shape, respond and prepare now—three sonnel and other expenditures much suitability of our defense policies, our cardinal principles. The QDR placed more than we have reduced the spend- strategy, and our force structure to greater emphasis on the need to pre- ing we are doing on our bases. We have meet future American defense require- pare now for an uncertain future by ex- to come back to that and acknowledge ments. Several assessments have been ploiting the revolution in technology that maybe we have to find a better done but the rapid pace of change, I and transforming our forces toward way to do it, but somehow we have to think, outstripped the ability of these Joint Vision 2010. It concluded that our do it because we need that money. As I assessments to give us durable and con- future force will be different in char- say, we have to continue the work we tinuing relevant answers. acter than our current force. have done on acquisition reform as a General Shalikashvili, the former Then came the National Defense way to find more funds for these pro- Chairman of the Joint Chiefs of Staff, Panel. Its report, published in Decem- grams that we need to support. reacted to this changing environment ber of 1997, concluded that ‘‘the Depart- It is in this context that I come to and published Joint Vision 2010 in May ment of Defense should accord the two amendments that are in this bill, of 1996 as a basis for the trans- highest priority to executing a trans- in which I think we have, as a commit- formation of our military capabilities. formation strategy for the U.S. mili- tee and hopefully now as a full Senate, I think this was a brilliant and far- tary starting now.’’ stepped up to our responsibility to sighted document which embraced the Let me just repeat those words. A oversee the transformation of our mili- improved intelligence and command transformation strategy, broad, bold tary to the future course that will not and control available in the informa- transformation strategy to the next only protect our security better in the tion age, and also developed the oper- era of threat and opportunity, offense 21st century but will do it in a more ational concepts of dominant maneu- and defense, and the final words ‘‘start- cost-effective fashion. ver, precision engagement, full-dimen- ing now.’’ It is timely. It is important. There are two provisions in this bill sional protection, and focused logistics It recommended the establishment of a that I think are very important for our to achieve the objective of the widest joint forces command with responsibil- execution of this oversight responsibil- spectrum, full spectrum dominance in ity as the joint force integrator and May 14, 1998 CONGRESSIONAL RECORD — SENATE S4863 provider, a center of activity to meld forming the Armed Forces of the tion of these two reports, the QDR and the services together in some joint ex- United States to meet the anticipated the Inside the Pentagon Review, and perimentation, investments, require- threats of the 21st century. the NDP, a nonpartisan, independent ments, training. Mr. President, in this regard I refer review, offer that same hope of con- Also, the NDP recommended that my colleagues to title XII of this de- stant reevaluation, sometimes provo- this joint forces command have the re- fense authorization bill, S. 2057, which cation, and hopefully, some good, solid sponsibility and budget for driving the sets this out in the form of a sense of ideas. That kind of formal review of transformation process of U.S. forces, the Senate, in a quite detailed form our national security posture every 4 including the conduct of joint experi- and, in my opinion, quite progres- years will permit the needed look at mentation. If we are not experimenting sively, as a result of very constructive where we have been and what course together, how are we going to really be discussion among the Senate Armed corrections we need to make without prepared for the joint war fighting that Services Committee, Secretary of De- the disruption of too frequent inter- the experts tell us will dominate the fense, and the Chairman of the Joint ference, with the certainty that we will future? Chiefs of Staff. I think we have a blue- not slide into destructive or unproduc- Admiral Owens, former Vice Chair- print here which expresses the trans- tive or irrelevant paths because we man of the Joint Chiefs of Staff, said to formation that our military is now un- simply haven’t stopped to look at what us on many occasions to look around dergoing, led by the Secretary and the we are doing and where it is taking us. and note that we don’t have joint Chairman of the Joint Chiefs of Staff, Mr. President, I thank the Chair, I bases, and that is something to think and sets down a mark that is an expres- thank my colleagues. Bottom line, this about. That may be one. sion of the policy desires of the Con- is a balanced bill, the best I think this Both of these assessments, the QDR gress in this regard, that we not only committee could offer the Senate, Con- and the NDP, provide Congress with a appreciate that the military move in gress, and the Nation, to protect our compelling argument that the future this direction; dispatching our con- national security in a time of restraint security environment and the military stitutional responsibility, we urge on resources that is greater than I challenges we will face will be fun- them to do just that. And we require, think is really in our national interest. damentally different from today’s. here, a series of reports to tell us how But we have done the best we could. They also reinforce the fundamental they are doing. The joint experimen- Again, I thank the leadership of the principle, the underpinning of the De- tation provision in the bill, title XII, is committee for the purposive, coopera- partment of Defense Reorganization our statement of support to General tive and informed way they have led us Act of 1986, the so-called Goldwater- Shelton, as he designs and executes his through the exercise that has produced Nichols act, and that fundamental plans for joint experimentation, to se- this bill. principle was that warfare in all its va- lect a command, the Atlantic Com- rieties will be joint warfare requiring mand, presumably, to carry out this I yield the floor. the execution of joint operational con- important responsibility. If there is no one else on the floor cepts. Title XII does not dictate either the seeking recognition, I suggest the ab- As a result of these two assessments, method that the Chairman of the Joint sence of a quorum. the Chairman of the Joint Chiefs of Chiefs should choose nor the outcomes The PRESIDING OFFICER (Mr. ROB- Staff, General Shelton, and the Senate that he should arrive at. It is a sense of ERTS). The clerk will call the roll. Armed Services Committee certainly the Congress. It helps establish a The legislative clerk proceeded to have concluded that a process of joint framework for us to explore the op- call the roll. experimentation is required to inte- tions for our future security in the grate advances in technology with hard light of tests on the ground, the Mr. THURMOND. Mr. President, I changes in the organizational structure only place where these arguments can ask unanimous consent that the order of the Armed Forces and the develop- begin to be settled objectively and for the quorum call be rescinded. ment of joint operational concepts where these theories can be tested real- The PRESIDING OFFICER. Without which will be effective against the wide istically. And this provision in title XII objection, it is so ordered. range of anticipated threats, and will offers a mechanism for us to get a re- The distinguished Senator from not just be effective, but will be cost port about the process, about the re- South Carolina is recognized. effective because they will achieve effi- sults, that is detailed enough for us to Mr. THURMOND. Mr. President, I ciencies of scale; they will eliminate provide the kind of oversight we should thank the able Senator from Connecti- redundancies; they will pool resources and must provide if we are going to cut for the kind remarks he made for maximum results. make the right decisions about our na- about me. I also wish to thank him for It is necessary to identify and assess tional security in the coming years. the great service he renders as a mem- independent areas of joint warfare Finally, the provision that requires a ber of the Armed Services Committee. which will be key to transforming the quadrennial defense review and na- He is one of the most valuable mem- conduct of future U.S. military oper- tional defense plan to be conducted bers of our committee. ations. To do this, U.S. Armed Forces every 4 years is equally important. The must innovatively investigate and test assessments that were conducted and I also thank him for the great service technologies, forces and joint oper- the debate they have engendered with- he renders this Nation. He has taken ational concepts in simulation, war in the Congress, within the inner com- sound positions and he has followed a game and virtual settings, as well as in munity of active defense thinkers, and course of action that our Nation would field environments under realistic con- hopefully increasingly within the coun- be well to follow. I appreciate all he ditions against the full range of future try, has been very useful. But the valid does for his country and want him to challenges. The Department of Defense, criticism by some, of both of these know his colleagues hold him in high I am pleased to note, is committed to studies, and the conflicting ideas that esteem. conducting aggressive experimentation they have raised make it obvious that Mr. WARNER. Mr. President, I sug- as a key component of its trans- a one-time assessment is not going to gest the absence of a quorum. formation strategy. Service experimen- provide us all the answers we need. The PRESIDING OFFICER. The tation and the resultant competition of We also know that the world is not clerk will call the roll. ideas is vital in this pursuit. To com- going to stop changing, and just as The legislative clerk proceeded to plement the ongoing service experi- that CEO of that large private com- call the roll. mentation, it is essential that an ener- pany headquartered in Connecticut Mr. HUTCHINSON. Mr. President, I getic and innovative organization be that I described who, at the moment of ask unanimous consent that the order established within the military and greatest historic success, was pressing for the quorum call be rescinded. empowered to design and conduct this his managers to review where they process of joint experimentation to de- were, look forward, decide what they The PRESIDING OFFICER. Without velop and validate new joint had to do so they would stay on top, 5, objection, it is so ordered. warfighting concepts aimed at trans- 10, 15, 20 years from now—the repeti- The Senator is recognized. S4864 CONGRESSIONAL RECORD — SENATE May 14, 1998

AMENDMENT NO. 2387 ing to smuggle 2,000 AK–47s into Oakland, relating to importation), without regard to (Purpose: Relating to commercial activities California, and offering to sell urban gangs section 202 of that Act. in the United States of the People’s Lib- shoulder-held missile launchers capable of (2) PENALTIES.—The penalties set forth in eration Army and other Communist Chi- ‘‘taking out a 747’’ (which the affidavit of the section 206 of the International Emergency nese military companies) United States Customs Service of May 21, Economic Powers Act (50 U.S.C. 1705) shall 1996, indicated that the representative of apply to violations of any license, order, or Mr. HUTCHINSON. Mr. President, I Poly Technologies and Norinco claimed), and regulation issued under paragraph (1). have an amendment No. 2387 which I Communist Chinese authorities punished SEC. ll. DEFINITION. call up at this time. only 4 low-level arms merchants by sentenc- For purposes of this title, the term ‘‘Peo- The PRESIDING OFFICER. The ing them on May 17, 1997, to brief prison ple’s Liberation Army’’ means the land, clerk will report the amendment. terms. naval, and air military services, the police, The legislative clerk read as follows: (10) The People’s Liberation Army contrib- and the intelligence services of the Com- utes to the People’s Republic of China’s fail- munist Government of the People’s Republic The Senator from Arkansas (Mr. HUTCH- ure to meet the standards of the 1995 Memo- of China, and any member of any such serv- INSON), for himself and Mr. ABRAHAM, pro- ice or of such police. poses an amendment numbered 2387. randum of Understanding with the United States on intellectual property rights by Mr. HUTCHINSON. Mr. President, I Mr. HUTCHINSON. Mr. President, I running factories which pirate videos, com- ask unanimous consent that my good ask unanimous consent that the read- pact discs, and computer software that are friend and colleague, Senator ABRAHAM ing of the amendment be dispensed products of the United States. of Michigan, be added as an original co- (11) The People’s Liberation Army contrib- with. sponsor of the amendment. The PRESIDING OFFICER. Without utes to the People’s Republic of China’s fail- ing to meet the standards of the February The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. The amendment is as follows: 1997 Memorandum of Understanding with the United States on textiles by operating enter- Mr. HUTCHINSON. Mr. President, to- Add at the end the following new title: prises engaged in the transshipment of tex- day’s debate is about the security of TITLE ll—COMMERCIAL ACTIVITIES OF tile products to the United States through the United States. The underlying PEOPLE’S LIBERATION ARMY third countries. question in the debate today on the De- SEC. ll. FINDINGS. (12) The estimated $2,000,0000,000 to fense Department authorization bill Congress makes the following findings: $3,000,000,000 in annual earnings of People’s concerns the safety and security of the (1) The People’s Liberation Army is the Liberation Army enterprises subsidize the citizens of the United States, and that principal instrument of repression within the expansion and activities of the People’s Lib- is why I am offering an amendment People’s Republic of China, responsible for eration Army described in this subsection. that will give the President increased occupying Tibet since 1950, massacring hun- (13) The commercial activities of the Peo- ple’s Liberation Army are frequently con- powers to confront America’s greatest dreds of students and demonstrators for de- threat, or certainly America’s greatest mocracy in Tiananmen Square on June 4, ducted on noncommercial terms, or for non- 1989, and running the Laogai (‘‘reform commercial purposes such as military or for- external threat, and that is the Peo- through labor’’) slave labor camps. eign policy considerations. ple’s Liberation Army of the People’s (2) The People’s Liberation Army is en- SEC. ll. APPLICATION OF AUTHORITIES UNDER Republic of China. gaged in a massive military buildup, which THE INTERNATIONAL EMERGENCY My amendment mirrors exactly the has involved a doubling since 1992 of an- ECONOMIC POWERS ACT TO CHI- language that passed overwhelmingly nounced official figures for military spend- NESE MILITARY COMPANIES. on the floor of the House of Represent- ing by the People’s Republic of China. (a) DETERMINATION OF COMMUNIST CHINESE atives last November. This language, in (3) The People’s Liberation Army is engag- MILITARY COMPANIES.— bill form, in the House passed by a vote ing in a major ballistic missile moderniza- (1) IN GENERAL.—Subject to paragraphs (2) of 405 to 10. tion program which could undermine peace and (3), not later than 90 days after the date The amendment would do two things: and stability in East Asia, including 2 new of the enactment of this Act, the Secretary of Defense, in consultation with the Attor- First, it would require the Secretary of intercontinental missile programs, 1 sub- Defense, in consultation with the At- marine-launched missile program, a new ney General, the Director of Central Intel- class of compact but long-range cruise mis- ligence, and the Director of the Federal Bu- torney General, the Director of the siles, and an upgrading of medium- and reau of Investigation, shall compile a list of Central Intelligence and the Director short-range ballistic missiles. persons who are Communist Chinese mili- of the FBI, to maintain a current list (4) The People’s Liberation Army is work- tary companies and who are operating di- of Chinese military firms operating di- ing to coproduce the SU–27 fighter with Rus- rectly or indirectly in the United States or rectly or indirectly in the United sia, and is in the process of purchasing sev- any of its territories and possessions, and States. This list, consisting strictly of eral substantial weapons systems from Rus- shall publish the list of such persons in the PLA-owned companies, would be up- sia, including the 633 model of the Kilo-class Federal Register. On an ongoing basis, the dated regularly in the Federal Reg- submarine and the SS–N–22 Sunburn missile Secretary of Defense, in consultation with the Attorney General, the Director of Cen- ister. system specifically designed to incapacitate Secondly, the amendment would give United States aircraft carriers and Aegis tral Intelligence, and the Director of the cruisers. Federal Bureau of Investigation, shall make the President enhanced authority (5) The People’s Liberation Army has car- additions or deletions to the list based on under the International Emergency ried out acts of aggression in the South the latest information available. Economic Powers Act to take action China Sea, including the February 1995 sei- (2) COMMUNIST CHINESE MILITARY COM- against Chinese military-owned firms zure of the Mischief Reef in the Spratley Is- PANY.—For purposes of making the deter- if circumstances warrant, including the lands, which is claimed by the Philippines. mination required by paragraph (1), the term President would have the authority to (6) In July 1995 and in March 1996, the Peo- ‘‘Communist Chinese military company’’— freeze assets or otherwise regulate ple’s Liberation Army conducted missile (A) means a person that is— these firms’ activities. Thus, if a PLA- tests to intimidate Taiwan when Taiwan (i) engaged in providing commercial serv- owned firm is found to be shipping mis- ices, manufacturing, producing, or exporting, held historic free elections, and those tests sile-guidance components to a rogue effectively blockaded Taiwan’s 2 principal and ports of Keelung and Kaohsiung. (ii) owned or controlled by the People’s state like Iran, the President would (7) The People’s Liberation Army has con- Liberation Army, and have the authority to take immediate tributed to the proliferation of technologies (B) includes, but is not limited to, any per- action against a United States subsidi- relevant to the refinement of weapons-grade son identified in the United States Defense ary of that firm which might, for ex- nuclear material, including transferring ring Intelligence Agency publication numbered ample, be selling sporting goods in the magnets to Pakistan. VP–1920–271–90, dated September 1990, or PC– United States. (8) The People’s Liberation Army and asso- 1921–57–95, dated October 1995, and any up- I should note that this amendment ciated defense companies have provided bal- date of such reports for the purposes of this would not require the President to listic missile components, cruise missiles, title. take any action whatsoever. It would and chemical weapons ingredients to Iran, a (b) PRESIDENTIAL AUTHORITY.— simply enhance his ability to do so country that the executive branch has re- (1) AUTHORITY.—The President may exer- should he believe that the cir- peatedly reported to Congress is the greatest cise the authorities set forth in section 203(a) sponsor of terrorism in the world. of the International Emergency Economic cumstances warrant that action. (9) In May 1996, United States authorities Powers Act (50 U.S.C. 1702(a)) with respect to Let me explain the reasoning behind caught the People’s Liberation Army enter- any commercial activity in the United this amendment and why it is so criti- prise Poly Technologies and the civilian de- States by a Communist Chinese military cal, I believe, that the Senate adopt fense industrial company Norinco attempt- company (except with respect to authorities this amendment. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4865 Mr. President, last week I came to and selling CDs, socks, consumer elec- It is estimated that the PLA earns $2 this floor to discuss the growing threat tronics, and scores of other commercial billion to $4 billion a year in earnings that the People’s Republic of China items to U.S. consumers. through the many enterprises that it poses to the citizens of the United For example, the People’s Liberation operates that deal in nonmilitary com- States. I discussed the recent CIA re- Army has contributed to the prolifera- modities and that these enterprises port covered in the Washington Times tion of technologies relevant to the re- profit handsomely from their activities on May 4, 1998, under the headline, finement of weapons-grade nuclear ma- in the United States. A report released ‘‘China Targets Nukes At U.S.’’ This terial, including transferring ring earlier this year indicated that vast article and this CIA report noted that magnets to Pakistan. Additionally, the quantities of goods, as varied as toys, 13 of China’s 18 long-range strategic PLA and its associated defense compa- skis, garlic, iron weight sets, men’s missiles, with ranges exceeding 8,000 nies have provided ballistic missile pants, car radiators, glassware, swim- miles, have single nuclear warheads components, cruise missiles, chemical ming suits, and many more such com- aimed at the United States of America. weapons ingredients, to Iran, a country mercial domestic items are being sold These missiles, which are under the that the executive branch has repeat- to U.S. consumers by PLA-owned control of the PLA, with PLA officers edly reported to this Congress is the firms. manning their nuclear buttons, are in greatest sponsor of terrorism in the This chart indicates—and I will quote addition to China’s 25 CSS–3 missiles, world today. from this chart regarding the PLA-af- with ranges of more than 3,400 miles; I point to this chart. The source is filiated companies and their operation its 18 CSS–4 missiles, with ranges ex- the Office of Naval Intelligence, March in the United States. This comes from ceeding 8,000 miles; and its planned of 1997. They reported: the Institutional Investor, July of 1996: DF–31, with a range exceeding 7,000 Discoveries after the Gulf War clearly indi- ‘‘And we find that military-affiliated miles. cate that Iraq maintained an aggressive companies can be found in virtually Until last year, China lacked the (W)eapons of (M)ass (D)estruction procure- ment program. every part of the Chinese economy military intelligence necessary to with the most rapid expansion occur- And then they point out: manufacturer boosters that could reli- ring in the lucrative service industries. ably strike at such long distances. A similar situation exists today in Iran Though the PLA enterprises are scat- with a steady flow of materials and tech- Unfortunately, the Pentagon has re- nologies from China to Iran. This exchange tered throughout the economy, they ported that two U.S. companies—Loral is one of the most active weapons of mass de- have carved out niches in the eight Space and Communications and Hughes struction programs in the Third World, and areas to the right’’—including trans- Electronics—illegally gave China space is taking place in a region of great strate- portation, vehicle production, pharma- expertise during cooperation on a com- gic interest to the United States. ceuticals, hotels, real estate develop- mercial satellite launch which could be So we have, I think, very clear, over- ment, garment production, mining and used to develop an accurate launch and whelming evidence that China contin- communications. guidance system for ICBMs. This issue ues to export technology, nuclear tech- Some of these products are being ex- is still under investigation. But while nology as well, and in so doing places ported—which becomes a rich source of it was still under investigation, in Feb- at risk the national security of the revenue for the People’s Liberation ruary, Loral launched another satellite United States. Army. Even those products and those on a Chinese rocket and provided the They also are funding the arms build- services that are sold domestically to Chinese with the same expertise that is up in China, not only by selling weap- the Chinese people become an unac- at issue in the criminal case. ons to rogue states like Iraq and Iran, counted for subsidy, if you will, for the The chairman of the House Science but also there is evidence that they are arms race, in the development of the Subcommittee on Space and Tech- trying to actually sell weapons pro- PLA military strength and might. So I nology has received word from an duced in the People’s Republic of China believe this should be of great concern unnamed official at Motorola that to gangs in the United States. to us as we continue to see the PLA they, too, have been involved in ‘‘up- In May 1996, the U.S. authorities fund the arms race. grading’’ China’s missile capability. In- caught the People’s Liberation Army I point out that the Chinese defense terestingly, this executive claims that enterprise entitled Poly Technologies— industrial trade organizations have a the work is being done under a waiver a PLA-owned and operated enterprise— broad, broad interrelationship with the from this administration, thus cir- they were caught by U.S. authorities, industries in China. This chart shows cumventing all bans and restrictions and the civilian defense industrial the web of PLA-owned enterprises that on such technology transfers. company, Norinco, that is also in- operate in the United States and The People’s Liberation Army is en- volved, the U.S. authorities caught around the world. gaged in a massive military buildup these two companies attempting to All of the companies on the left, in which has involved a doubling since smuggle 2,000 AK–47s into Oakland, CA, the peach color, are companies that 1992 of announced official figures for and offering to sell urban gangs shoul- have been documented by our Defense military spending by the PRC. We do der-held missile launchers capable of Intelligence Agency as being directly not know how much may be spent, how taking out a 747. owned by the People’s Liberation much investment there may be in their Communist authorities, upon capture Army. The ones to the other side, in military establishment that is not re- of these individuals, punished only four the yellow, are their defense industrial leased for official consumption, but the of them—four low-level arms mer- base. Some of them have indirect con- official public figures indicate a dou- chants—and they did so, sentencing nections also, but they are not directly bling of that expenditure since 1992. them May 17, 1997, to brief prison owned by the People’s Liberation The PLA is working to coproduce the terms. Army. SU–27 fighter with Russia and is in the I would suggest and I suspect that This next chart I believe shows the process of purchasing several substan- the prison terms given to these mer- chain of command for companies like tial weapons systems from Russia, in- chants of arms to the young people of China Poly Group, China Carrie Corp., cluding the 633 model of the Kilo-class this country were far less than the and other well-known Chinese compa- submarine and the SS-N–22 Sunburn prison terms that have been exacted nies and their interrelationship with missile system specifically designed to upon those prisoners of conscience, the government and the PLA and the incapacitate U.S. aircraft carriers and those who dared to speak up against Communist Party. In fact, the Com- Aegis cruisers. the oppressive regime that controls the munist Party Central Military Com- So the question arises, Mr. President, largest nation in the world. Eight mission is right at the top of the chain how does the People’s Liberation Army years was given to Wang Dan for his of command—going down to these var- fund the ongoing arms race? By selling support of the demonstrations in ious companies, including the China its technology to rogue states is one Tiananmen Square almost 9 years ago Poly Group, and the 999 Enterprise means by which they do it, selling in addition to the 12 years that he was Group, and so forth. I think the Amer- arms, or at least attempting to sell recently serving for supporting democ- ican people would be shocked to see the arms, to U.S. gangs in our inner cities racy in China. companies listed on this chart. This, I S4866 CONGRESSIONAL RECORD — SENATE May 14, 1998 might add, is a very incomplete list, ditions. The latest State Department lease of four, in return for all of these which is why I emphasize again the report on human rights in China shows concessions that we have granted, we need for this amendment which would that China is still one of the major of- have seen the Chinese Communist gov- require a listing to be published of all fenders of internationally recognized ernment release four prominent pris- PLA-owned enterprises that are buying human rights standards. This report oners out of the thousands upon thou- and selling and doing business in the notes that China is continuing to en- sands of political and religious dis- United States. gage in ‘‘torture, extrajudicial killings, sidents being held today in Chinese It is well documented that the PLA arbitrary arrest and detention, forced prisons. violates international intellectual abortion and sterilization, crackdowns So I say to my colleagues, the Amer- property rights by running factories on independent Catholic and Protes- ican people have a right to know they which pirate videos, compact discs, and tant bishops and believers, brutal op- are funding the People’s Liberation computer software that are products of pression of ethnic minorities and reli- Army. I believe the American consum- the United States. This is the main gions in Tibet and Xinjiang, and abso- ers ought to know whether the prod- reason the People’s Republic of China lute intolerance of free political speech ucts they are buying—including things failed to meet the standards of the 1995 or free press.’’ like toys, sweaters and porcelain that memorandum of understanding with To visit Shanghai, to visit Beijing, they might purchase for the upcoming the United States on the protection of some of the largest cities in the world, holidays—are supporting the People’s intellectual property rights. During my the most populous cities in the world, Liberation Army and the kind of ac- trip to China in January, I saw first- and to realize there is not one free tivities that I have identified today. hand the evidence of the pirating of newspaper in those cities—in north- The American people have a right to videos and CDs and the selling of those west Arkansas, in a two-county area, know. It may not be possible for Amer- pirated products on the market, on the population of 200,000, we have half a ican consumers to go into a Wal-Mart streets of Shanghai and Beijing. dozen competing newspapers. These are or Kmart or Target store and to iden- In violation of a February 1997 agree- free voices—free to criticize me, free to tify all of the Chinese-produced prod- ment with the United States, the Peo- criticize this U.S. Senate, free to criti- ucts and to decide voluntarily they are ple’s Liberation Army continued to op- cize our President—and in the largest not going to support that. But at least erate enterprises which engaged in the cities in the world in China, not one they ought to know which of those transshipment of textile products voice of freedom, not one voice to re- companies are controlled, directly or through third countries, thus thwart- flect the values of democracy. indirectly, by a military establishment ing tariffs and restrictions on illegally So let us in this China debate, and as in China that has targeted American produced items from China. we look at amendments to the Depart- cities with its missiles. With all but five of China’s long- ment of Defense authorization bill, re- This amendment will help to do just range nuclear missiles pointed at the member the ongoing human rights that. It is needed both to shed light on citizens of the United States, it is obvi- abuses that are taking place. Further- the PLA’s activities in the United ous that the increasingly aggressive more, that the current policy that we States and to ensure that the President People’s Liberation Army views the have pursued has so dismally failed. has the latitude and has the authority United States as its most serious ad- According to a recent report in the he needs to take appropriate actions versary. My colleagues have said they Washington Post entitled ‘‘U.S.-China when the evidence of wrongdoing would like China as an ally. We would Talks Make Little Progress on Summit arises. I hope my colleagues will sup- all like to have China as an ally. But Agenda,’’ the United States is getting port this amendment. let us not fool ourselves. When our very few concessions from China relat- Again, this amendment merely re- Central Intelligence Agency tells us ing to the inspection of the technology quires the Secretary of Defense to doc- their missiles—13 of 18 of their long- we share with them, concessions on ument and list PLA-owned companies range nuclear missiles—are pointed at limiting proliferation of technology to operating in the United States and pro- the citizens of the United States, it is third parties like Iran, or concessions vides the President with the power, au- clear they view us as an adversary. It is on human rights conditions, particu- thority, and discretion to take action a sad paradox that U.S. consumers, larly in Tibet. against these companies, should cir- American consumers, purchasers of So our President is preparing to go to cumstances so warrant. It does not re- products in retail stores across this China next month, negotiations going quire the President to do anything. I country, are the unwitting supporters on. We would hope they would be posi- believe it is a commonsense amend- of and funders of the military that has tive in light of our so-called policy of ment that, once again, passed by an their hand on the nuclear button that constructive engagement, yet we find overwhelming margin in the U.S. threatens cities in the United States. our policy is one of give and give and House of Representatives. I ask for my Now, as we talk about the response of give. We are not seeing corresponding colleagues’ support. this amendment, of letting the Amer- concessions on the part of the Chinese I ask for the yeas and nays. ican people know what companies are Government. In fact, we are continuing The PRESIDING OFFICER (Ms. owned directly and indirectly by the to see these horrible human rights SNOWE). Is there a sufficient second? military of the Chinese communist abuses taking place. There is a sufficient second. government, it seems to me to be a We have provided key technology The yeas and nays were ordered. very basic freedom-of-information kind that puts our own country at risk. We Mr. WARNER. Madam President, the of issue, the right-to-know kind of have set up a hotline that reaches from Senator brings to the attention of the issue. the White House to China. We have Senate through this amendment a very We talk about the response of the begun assisting China on its efforts to important subject, one which is cur- President, having the enhanced author- gain membership in the World Trade rently before the Senate in a number of ity to deal with those PLA-owned com- Organization. We dropped, to the con- committees—Foreign Relations Com- panies that might be subsidizing the sternation of many Members of this mittee, Banking Committee, and in all military buildup in China. It is impor- body, we dropped our annual push for a probability the Commerce Committee tant for us to remember the ongoing resolution condemning China’s human has an interest in it. I say to my col- human rights violations that are oc- rights record at the United Nations, league that the Armed Services Com- curring in China. Not only are they in- something this country has done year mittee, indeed, would have an interest, creasing their threat internationally, after year as part of our foreign policy. of course, because it goes to the fun- but within their own borders they con- We dropped that resolution so as not to damental proposition of national secu- tinue to oppress their own people. This offend the Chinese Government. We rity. is not some human rights watchdog continue to allow PLA-owned compa- But I have to say in total candor that group that I am going to cite. It is our nies to operate unregulated in the this amendment would require consid- own State Department which each year United States, and we continue to pro- eration by at least the three enumer- issues a report from various countries vide China most-favored-nation status. ated committees as well as ours. What around the world on human rights con- In return, we have witnessed the re- I am asking of my colleague, and I May 14, 1998 CONGRESSIONAL RECORD — SENATE S4867 want to ask a few questions about it, is defer taking any action upon those be- So I am prepared to talk about these that I hope the Senator would be agree- cause of the committee’s anticipation bills if that is what we are going to do. able to laying this amendment aside so of looking at these next week. But, procedurally, it doesn’t seem to that the Senate would proceed with The ones in Banking and Finance I me that this is the appropriate place to other amendments, and within that pe- thought were important to move ahead deal with the bills. We can go on for a riod of time it would be the pending on. This was the most appropriate ve- very long time if that is what is going amendment, within that period of hicle before us. I am not aware that to take place on this authorization bill. time, we will get the expression and there were any plans for hearings. I yield the floor. the views of colleagues serving on Since so much time had elapsed since Mr. ABRAHAM. Mr. President, I rise those other committees. they were referred to the Senate, it to support the amendment to the Na- Mr. HUTCHINSON. I thank the chair- would seem to be the appropriate time tional Defense Authorization bill of- man for his consideration, and I would to move them. fered by the Senator from Arkansas to not object to laying it aside so long as Mr. LEVIN. If I could ask the Sen- address what is clearly a national de- I will be assured there will be a rollcall ator an additional question. I am not fense issue—the conduct of Chinese vote if I so request it. familiar with his amendment. Is this companies, owned and operated by the Mr. WARNER. Madam President, he particular amendment—has this been People’s Liberation Army, in the has requested and gotten his rollcall introduced as a bill in the Senate sepa- United States. It is based on a provi- vote. rately, or was it a House bill that came sion in a comprehensive bill I intro- Mr. HUTCHINSON. Madam Presi- over and was referred? And, if so, was duced last year, the China Policy Act. dent, I only point out that I think it it referred to Banking or Foreign Rela- I believe that this bill is not only an would be very appropriate to consult tions? appropriate place to consider this with and visit with the appropriate Mr. HUTCHINSON. This particular issue, it is the most appropriate, and is chairman. I remind my distinguished bill was referred to Banking. indeed an issue of supreme national se- colleague that this is the exact lan- Mr. LEVIN. Has the Banking Com- curity interest. Furthermore, Mr. guage that passed by a 405–10 vote in mittee indicated that they are likely President, if I thought the original bill to hold a hearing and have a markup the House, and I would regard that as that was passed by the House by a vote on this bill? pretty bipartisan and noncontroversial. of 405–10 would actually be considered Mr. HUTCHINSON. They have not in- by the Banking Committee, it may be That language passed out of the House dicated to me their intent to hold hear- last November and has been referred to appropriate to wait. But it has been ings or move on this bill. over six months, Mr. President, and no the appropriate committees, where it Mr. LEVIN. Have there been discus- action has been taken. Given this is a has—if I might use the word—‘‘lan- sions between you and the chairman? national security issue, we need to dis- guished’’ for several months without Mr. HUTCHINSON. I have not talked cuss this here and now. any action. So it is for that reason I to Senator D’AMATO about the bill. Therefore, Mr. President, I wish to think it is imperative that the Senate Mr. LEVIN. I thank my friend. outline some of my specific national have an opportunity to express its will Mr. THOMAS addressed the Chair. security concerns regarding these Peo- on something the House expressed its The PRESIDING OFFICER. The Sen- ple’s Liberation Army companies. opinion on months ago. ator from Wyoming is recognized. First, we are all familiar with the well Mr. THOMAS. Madam President, I Mr. WARNER. I thank my colleague. publicized examples of Polytech and rise to talk not so much about this bill At this time, Madam President, I ask Norinco, two companies caught trying but the bills that have been talked unanimous consent that this amend- to smuggle fully automatic AK–47 as- about here that passed in the House ment be laid aside but that it remain sault rifles, along with 4,000 clips of last year. Many of them were referred as the pending business on this bill. ammunition, valued at over $4 million, to the Foreign Relations Committee, of The PRESIDING OFFICER. Is there to supply street gangs and drug run- objection? which I happen to be chairman of the ners in the United States. During the Without objection, it is so ordered. Subcommittee on Asia and the Pacific course of this undercover sting oper- Mr. WARNER. Madam President, I Rim. These were not heard because the ation, U.S. agents were offered a slew see other colleagues here who may committee did not choose to hear of other heavy ordinance, including wish to continue with opening state- them. Now we find ourselves having a shoulder-fired surface-to-air missiles. ments on the bill. hearing this morning on China. We find Now Mr. President, these two compa- Mr. LEVIN. I wonder if my friend the President preparing to go to China. nies are effectively controlled by the from Virginia would yield to me so I So this bill, of course, as the Senator People’s Liberation Army. In fact, the could ask the Senator from Arkansas a pointed out, was referred to Banking. I head of the Polytech parent company, question? am not familiar with that one. I am Poly Group, is Major General He Ping, Mr. WARNER. Yes, I yield the floor. here to tell you that I don’t think this the son-in-law of Deng Xiao-ping. He Mr. LEVIN. Madam President, on the is the appropriate procedural place to heads Poly Group, a company that re- matter that was set aside, I wonder if deal with these bills. There are com- ports directly to the Central Military the Senator could tell us whether or mittees that have jurisdiction over Commission of the People’s Liberation not there have been any discussions be- them. They have been referred to those Army. At the same time, Norinco is tween you and those committees that committees. They can be referred to the parent company of 150 businesses, we have now asked their reaction from those committees, and, in my view, including the largest motorcycle relative to holding hearings on that they should be referred to those com- maker in China and one of the coun- amendment. Could he give us a little mittees. So if we are going to extend try’s most successful automakers. background on that? the length of this debate by having As state-owned enterprises, PLA Mr. HUTCHINSON. I think there each of 10 bills discussed here and companies frequently operate on non- were 10 bills that passed out of the voted on, then I think we need to pre- commercial terms, conducting their af- House regarding China policy as a pare ourselves for a rather long time. fairs for such non-market reasons as block, separate bills, but that was last Furthermore, I think we talked at military espionage and prestige consid- November. Two of those have passed, in great length this morning about China erations. Critics have also contended various forms, in the Senate. Six of and about these kinds of issues. The that the China Ocean Shipping Com- those bills were referred to the Foreign point of the matter is that nobody dis- pany, otherwise known as COSCO, have Relations Committee. The other two— agrees with some of the issues that are offered transoceanic shipping at well the two I am now offering—one was re- to be done here; the disagreement is below market rates because of state ferred to Banking and the other to Fi- how they should be handled. To send subsidization and extremely low crew nance. I have had ongoing discussions the President off to China with lan- costs, in order to penetrate markets with Senator HELMS of the Foreign Re- guage of this kind doesn’t seem to be a and further develop a strategic lift ca- lations Committee. It is my under- proper thing to do. They were talking pability. standing that they will address these about it when Jiang Zemin came here Last, Mr. President, the profits from bills this coming week. Therefore, I last time. these companies will end up financing S4868 CONGRESSIONAL RECORD — SENATE May 14, 1998 the Chinese military. Karl deeply, and these cuts are beginning while we find out whether the tech- Schoenberger, writing in Fortune Mag- now to affect the effectiveness of our nology and the operational concept is azine, estimated that the profits from military force. valid. This is what congressional over- these PLA activities is conservatively The budgets of both DOD and DOE, sight is all about. estimated at $2 to $3 billion. Based in which are in my Strategic Subcommit- We have increased funding for Navy part on this purchasing power and the tee, had to be reduced. I tried to do Upper Tier, another missile defense Chinese military establishment’s con- that as fairly as I possibly could. Let program, and the space-based laser siderable use of off-budget financing, me just outline some of the tough readiness demonstrator, which is the the Arms Control and Disarmament choices that we had to make. Missile ultimate step, I think, in missile de- Agency estimated that Chinese mili- defense, of course, is an area that I fense—the space-based laser. tary spending is nine times what it an- care deeply about. But there is some We tried to reduce as much of the nounced. redundancy in some of the programs risk as possible in the NMD Program The question therefore becomes, Mr. that we have. We have to begin to set by encouraging the Department to President, do we want to know which some priorities. modify the program. Currently the so- companies in the United States are fi- The budget, as it was presented to us called 3+3 program is extremely high nancing Chinese military expansion? by the President, had some areas in it risk. To deploy a complex system in 3 Do we want to know which companies that were funded in this budget but not years is very, very difficult. It is an ar- are financing the arm of repression in in future years. So the question is, If a tificially compressed date and an arti- the PRC that has been extensively de- program such as MEADS—Medium Ex- ficially compressed program. It re- tailed on this floor over the past year? tended Air Defense System—is not quires us to do everything at once in- Do we want to give the American con- funded beyond 1999, what is the purpose stead of running a low-risk program to sumer the opportunity to know wheth- of providing funding for it in fiscal ensure everything fits together first. er the product they are buying will 1999? So I tried to look at this. If I There is no margin for failure or prob- help finance the oppression in Tibet? I could not get a commitment from the lems. If one thing goes wrong, the believe that is our responsibility, Mr. administration to fund beyond fiscal whole program could collapse. It needs President, and that this amendment year 1999, then I, for the most part, re- to be run like any other defense acqui- will provide that vital information for duced or eliminated the funds for next sition program, with the objective of our national security, by mandating year. In the case of MEADS, our intent reducing the program risk. that the Director of Central Intel- is to encourage DOD to find alternative With the Administration’s 3+3 pro- ligence and the Director of the FBI approaches to meeting the require- gram, we must first decide that there compile a list of these PLA companies ment. But we cannot support the pro- is a missile threat to the United operating in the United States. gram if DOD has no budget for it in the States. Then we assume that in 3 years Finally, Mr. President, the President future. we can deploy a system to intercept of the United States needs the addi- Another very controversial reduc- that missile. I think that assumption tional authority to take decisive ac- tion, which I was not happy about, was just does not make sense. tion against those companies that do our cut of $97 million from the Air- Can we depend on our intelligence to threaten our national security. This borne Laser Program. Because this was give us that information? I draw my amendment provides that economic au- a tough decision, I want to explain colleagues’ attention to what happened thority to stop the operation of these what happened. in the last few days with India’s nu- front companies, and provides the only There were a lot of news reports that clear tests. We didn’t, frankly, know effective tools in this economic war- said we ‘‘slashed’’ the Airborne Laser what was happening until it happened. fare—the prohibition of economic ac- Program, that we ‘‘ruined’’ the pro- We either did not have that informa- tivity. gram, that we ‘‘killed’’ the program, tion, or we did not heed it. Therefore, Mr. President, I urge my that we have made it impossible for the I am not trying to fault the intel- colleagues to support this amendment program to recover, and so on. This is ligence community, other than to say as necessary, germane to the Defense unfair and inaccurate. I simply felt that intelligence is not always objec- Authorization bill, and vital to our na- that we had an obligation to review the tive. It is not always thorough. It is tional security. technical and operational viability of not always timely. It is not always Mr. SMITH of New Hampshire ad- the program. heeded. The question we have to ask is, dressed the Chair. Two years ago, our Committee in- Are we willing to take the risk once we The PRESIDING OFFICER. The Sen- cluded report language which basically know that somebody has the capability ator from New Hampshire is recog- called on the Air Force and Airborne and the intent to use a missile against nized. Laser Program advocates to come for- us, and are we then prepared to say Mr. SMITH of New Hampshire. ward and justify the program. I do not that in 3 years we will have the tech- Madam President, I rise as chairman of believe that they have done so. nology deployed to intercept that mis- the Strategic Subcommittee of the So we withheld funds for placing this sile? I am not prepared to take that Armed Services Committee to focus on very complex technology on an actual kind of chance, which is why I was very some areas that are very critical to our aircraft, a 747, until the capability is disappointed in the vote in the Senate Nation’s defense. Certainly, ‘‘strate- more fully tested and the operational yesterday on Senator COCHRAN’s legis- gic’’ takes on a new meaning as we concepts are better defined by the Air lation, which would have established a hear news in the last few days of what Force. I do not want to go into great policy to deploy a national missile de- is happening in India. detail; to some degree I cannot because fense system when it becomes tech- We tried, in our subcommittee, to it is classified. But let me be clear—we nically feasible. That wise legislation continue initiatives that have been only cut the dollars intended for inte- was rejected; it did not get enough started in previous years. At the same grating this technology on an aircraft. votes to bring it to cloture. So the cur- time, because of overall funding reduc- This does not destroy the Airborne rent administration plan for NMD 3+3 tions, we were forced to make some Laser Program, nor does it make any means an NMD system will be devel- substantial cuts, cuts that I did not comment, subtle or otherwise, by any- oped in 3 years, and when a threat is want to make. But as part of the over- one on the committee that somehow acknowledged this system will be de- all budget, we felt we had to do it. So this program is not worthy. It does re- ployed in 3 years. we do have a budget cap, and that quire the Secretary of Defense, with This just does not make a lot of issue, in and of itself, is somewhat con- the help of outside experts, to review sense. It naively assumes that we will troversial. the program’s technology and concept see all emerging threats, and that if I think it is time, as we look at the of operations, and show us how this and when we see one, we can con- reduction in defense spending, to begin technology will work when it is placed fidently deploy a complex system in to look at that cap and, in my opinion, upon an aircraft. I don’t think it de- just 3 years. remove the cap. We must recognize stroys the program to delay the pur- So I hope my colleagues in the Sen- that the defense budget has been cut chase of an airplane for a year or two ate sometime sooner rather than later May 14, 1998 CONGRESSIONAL RECORD — SENATE S4869 will come to the realization of how 1996, DOD funding has decreased by 5.2 serious, and at some times it is dev- dangerous this 3+3 approach really is. percent, and DOE has increased by 7.7 astating. It is devastating for the fami- Perhaps a few more unforseen nuclear percent. lies who lose loved ones in crisis, in tests will convince them. If not, this We did the best we could. I hope that war, in conflict. extremely naive and extremely dan- my colleagues will be supportive of the But when I say it is costly, Mr. Presi- gerous complacency could cost us dear- recommendations that we have made, dent, I mean costly. As one who has ly in years to come. We are seeing pro- not only in the Strategic Subcommit- spent some time in the Armed Forces, liferation of missiles, and of the tech- tee but in other subcommittees as well. who is somewhat familiar with the sac- nology to develop missiles, all over the It is a tough job. I don’t think there is rifices that we ask of our men and world—China, North Korea, India, a member of the committee who women and their families, I am as con- Pakistan, Iran. And, yet, we were de- doesn’t feel that we have gone probably cerned today about the defense capa- nied the opportunity yesterday on the too far, that we need to, perhaps, re- bilities of our armed services as I have Cochran proposal to get going on a na- move that budget firewall and begin to been since the late 1970s. Not that our tional missile defense system. put more dollars into defense. But men and women, our warriors, are not It is extremely disturbing. As one given the constraints of the budget up to the task, but I fear what we are who deals with these issues every day agreement, we had to do with what we doing to our men and women who have on the Armed Services Committee, and had. committed their lives to the defense of specifically as the chairman of the In conclusion, I thank Senators freedom and the defense of this Nation Strategic Subcommittee, I know full THURMOND, LEVIN, and BINGAMAN for is that we are not providing them, we well that this is a naive policy. It is the cooperation that we have had to- are not making to them, the kind of well intended—there is no question gether, especially Senator BINGAMAN commitment in the resources they there—but naive. on the subcommittee who has always need to do their job. Colin Powell, former National Secu- been courteous to me. We are asking—and this has been the rity Adviser to President Reagan and I want to thank Eric Thoemmes, case over the last 10 years—our Armed the Chairman of the Joint Chiefs of Paul Longsworth, and Monica Chavez Forces to do more with less—more de- Staff under Presidents Bush and Clin- of the Armed Services Committee staff, ployments, longer deployments. And as ton, used to say we have to be con- and John Luddy, Brad Lovelace, and you look at our Defense Department cerned first and foremost about the ca- Steve Hellyar of my own staff as well. budgets, this fiscal year 1999 budget pability of an enemy because we never I would be happy to yield the floor, represents the 14th consecutive year of know what his intent will be. The in- Madam President. I see others who decline in defense spending. In real dol- tent tomorrow might be good. It might wish to speak. lars, I think the American public be bad. But what is the capability? We PRIVILEGE OF THE FLOOR should know that this budget rep- all know that the Chinese, and the Mr. DORGAN. Madam President, I resents $3 billion less than current lev- Russians, have the capability to fire a ask unanimous consent that privileges els and about a 40-percent drop from missile at the United States of Amer- of the floor be granted to Adam the spending levels of the mid to late ica. Do they have the intent? Maybe Pawluk, Chrissie Timpe, and Meg 1980s. not today. But what about tomorrow? Dimeling for today’s session of the I compliment my colleagues on the So we have to deal with capability. If Senate. Armed Services Committee for dealing we deny that, if we look the other way, The PRESIDING OFFICER. Without with a difficult issue. I especially com- we are really putting our heads in the objection, it is so ordered. pliment Chairman THURMOND, who, I sand. Who seeks recognition? understand, will lead this authoriza- In space programs, the committee in- Mr. SMITH of New Hampshire. I note tion bill fight for the last time. His crease funding for a range of activities: the absence of a quorum. commitment to his country is not only space control technology development; The PRESIDING OFFICER. The exemplary but it is truly unmatched in the enhanced global positioning sys- clerk will call the roll. this Chamber. There is no one who un- tem; the microsatellite program and The bill clerk proceeded to call the derstands this business better than the space maneuver vehicle. The budg- roll. Chairman THURMOND and who under- et for those programs were increased. Mr. HAGEL. Mr. President, I ask stands what I am talking about today. These efforts are critical for the future unanimous consent that the order for I will jump to the conclusion of my exploitation and use of space by the the quorum call be rescinded. remarks by saying this. It is time the United States. The PRESIDING OFFICER (Mr. Congress of the United States be direct Another area of the strategic forces FRIST). Without objection, it is so or- and honest with the American public subcommittee budget concerns weap- dered. and say what needs to be said, and that ons and other activities of the Depart- Mr. HAGEL. Mr. President, I rise this is, we need to increase spending for our ment of Energy. We tried there to sta- afternoon to reflect on the business at Defense Department. We need to in- bilize the core mission funding for hand today; that is, our Department of crease spending. Any measurement you weapons activities and environmental Defense authorization bill. take of where we are in inflation-ad- cleanup. As you know, we have a lot of Three hours ago, I had the privilege justed dollars, this year’s defense budg- environmental cleanup to do as a re- of joining a couple of my colleagues at et represents the smallest, in real dol- sult of DOD and DOE activities over the Tomb of the Unknown Soldier dur- lars, the smallest Defense Department the past several decades, especially ing a very somber, serious ceremony to budget since the beginning of the Ko- during the cold war. exhume the remains of the unknown rean war. We have the smallest mili- So we tried in our budget to main- Vietnam veteran from the Tomb of the tary in nearly 50 years. tain the capability to remanufacture Unknown Soldier. If you have followed I am astounded that the President of and certify enduring U.S. nuclear war- this, as all of our colleagues in this the United States comes before the heads. We tried to maintain the pace of body and most of America have, you Congress and the American public and cleanup at DOE facilities with our are aware that through sophisticated, says we have the smallest Government funding, and though the overall DOE primarily DNA testing—and you, Mr. ever. First of all, we don’t have the budget was reduced, a number of fund- President, of all people understand this smallest Government ever; a $1.7 tril- ing increases were authorized for pro- very well—we now are going to be able lion Government is rather significant. grams critical to achieving these goals. to identify almost all remains from the But he is half right; we have a military Increases include additional funding Vietnam war. that we have continued to hollow out for the four weapons production plants, I begin my remarks this afternoon over the last 10 years. We will pay a se- tritium production, and environmental with that reflection because what we vere price for what we are doing to our management technology development. are about here today is serious busi- Armed Forces capability. Some will criticize these DOD cuts. ness. It is about the business of na- About 3 percent of our gross domestic But it is a matter of balance. If you tional defense—defending America’s in- product today, less than half of what look at the budget in real terms, since terests in the world. It is costly, it is we had in the 1980’s, goes to defense S4870 CONGRESSIONAL RECORD — SENATE May 14, 1998 spending. By any measurement you at Offutt Air Force Base alone, there is As we step back for a moment and take of this issue of research, acquisi- a terrible need for decent housing. survey the world as it is—not as we tion, and deployment of new weapons When I say decent housing, I don’t hope or wish it will be, but as it is—if systems, we are relying on aging and mean villas, I mean running water, hot we in fact are, and I believe we are, ca- older equipment. water, plaster not falling from the ceil- pable of taking advantage of the tre- I had an interesting conversation ing, windows not broken out. These mendous opportunities and hopes and over the weekend at the airport in people in our Armed Forces are not the series of historical consequences Omaha, NE. It was with two DOD audi- asking for palaces. How do we expect and events that have come together in tors who have been with the DOD, au- the men and women in our Armed a rather magnificent way to make the diting systems equipment, for almost Forces, as we send them, deploy them world better, it is going to require 30 years. Each of them told me inde- all over the world, to concentrate on American leadership. Not that we need pendently that they have never seen the serious business before them if to shoulder all the burden—of course such a situation since the late 1970s. they are worried about their families not. But part of that American leader- When they are auditing military orders at home because we in the Congress ship is a national security worthy of to cannibalize equipment in order to and the President are not paying atten- who we are and a commitment to the get spare parts off of our jets, off of our tion to focusing on the resources that people that we ask daily to defend our ships, off of our military vehicles, our men and women need? Nation—a commitment to give them something is drastically wrong when Military pay lags 13 percent behind the resources they need. that happens, drastically wrong. that of the private sector. By the De- I would say finally, Mr. President, to I hear very interesting commentary partment of Defense’s own estimates, me a part of that commitment is not to from the Secretary of Defense, whom I more than 23,000 men and women in underfund our military but, in fact, it admire greatly, about, if you would uniform, and their families, are eligible is to start rebuilding our military. I just close more bases, that would give for food stamps. What does this do to hope as this issue develops and debate us more money and free up the re- retention, recruitment and readiness? develops, that the issue we are about That is the essence of a capable mili- sources. Well, that may do some of today will extend far beyond the nar- tary. The Army has fallen short of its rowness of the focus that we debate that, but what is interesting is that it recruitment goal for the first time today, but interconnects with the fu- does not give you any more manpower, since 1979—the first time. And the per- ture and our leadership, and much of and in fact in the President’s budget centage of recruits in the United that future resides at the core of our this year he calls for cutting 36,000 uni- States Army with high school diplomas national defense capabilities. formed men and women from military is declining. Since Desert Storm, the I thank my colleagues who serve on service, 12,000 Reserve men and women. percentage of Navy petty officers who the Armed Services Committee for How can we, in fact, focus the re- say they intend to make the Navy a ca- their efforts, their leadership, and their sources and make the commitment we reer has dropped by 10 percent. lives that many have devoted to mak- need to make to our men and women Look at the world today. Is it getting ing this a more secure world and help- who defend this Nation? safer? Need we really look beyond what ing our military. Let’s remember something. National happened earlier this week with the I yield the floor. defense is the guarantor of our foreign atomic testing done by India? We have Several Senators addressed the policy. Without a national defense, we major troop deployments around the Chair. have no foreign policy. Yet we continue world today: 37,000 troops in South The PRESIDING OFFICER. The Sen- to ask our men and women in uniform Korea, major deployments of forces in ator from South Carolina. to do more. Since 1990, our Armed the Middle East, Japan, Europe, Bos- Mr. THURMOND. Mr. President, I Forces have been used in 36 foreign nia. And what about the flash points thank my able colleague from Ne- missions compared to 22 from 1980 to that are there today, the real possibili- braska for his kind words about me. I 1989. The Army decreased its manpower ties of conflict south of Bosnia, also wish to thank him for the great by 36 percent while increasing the Kosovo? What is yet to happen on the service he has rendered this country workload by over 300 percent. Since subcontinent of Asia with Pakistan here in the Senate. He is an expert on 1989, the Air Force personnel have been and India? I will be in the Caspian Sea defense matters and his opinions are cut by one-third yet the number of region in 2 weeks—a tinderbox. Are we certainly worth the consideration of missions has quadrupled. From October prepared? every Senator here. to January of last year, we lost over The end of the cold war has reduced Again, it is a pleasure to serve with 600 Air Force jet pilots. The Army esti- some threat. But now is no time to not him. I wish him continued success. The PRESIDING OFFICER. The Sen- mated in 1997 that its deployable units only withdraw American leadership but ator from Wyoming. spent 180 to 190 days away from home to withdraw the commitment to our Mr. LEVIN. Mr. President, I wonder each year. This was before—before—the Armed Forces. Our armed services are if the Senator will yield just for one recent escalation of our forces in the the capability that we are relying on to moment? Persian Gulf. protect our national interests, our role Mr. THOMAS. Certainly. The Army Chief of Staff, General in the world, to guarantee our foreign The PRESIDING OFFICER. The Sen- Dennis Reimer recently said, ‘‘Our re- policy. That will not be done by ator from Michigan. quirements exceed our people to man hollowing out our military. Today we Mr. LEVIN. I simply want to add my those requirements.’’ see a world that is shifting globally in thanks to the Senator from Nebraska. Let’s look at the quality of life. Let’s its geopolitical, economic, and mili- Every year when this bill comes up, he ask what we are doing for the men and tary power structures. We cannot allow is here. It is a very important contribu- women we are asking to commit, in America to become weaker, or with- tion which he is making to the na- some cases, their lives; what we are draw from that world. Now is not the tional defense. We on the Armed Serv- asking them to do and what we are giv- time. Now is the time for America to ices Committee do the best we can, but ing in return—not only the increasing project its leadership and help form we have colleagues such as the Senator rate of deployment, longer deployment, and help craft and help incentivize and from Nebraska who add their immense cutting their time with families, im- lead the world to more freedom. You expertise and passion and feeling about pacting their quality of life, but what cannot accomplish that with an unpre- these issues, and it is significantly im- about housing? It is disgraceful. Last pared military. portant to us and I thank the Senator year, the outgoing Chairman of the I looked at the President’s budget for doing that. Joint Chiefs of Staff, General John again this week, his fiscal year 1999 The PRESIDING OFFICER. The Sen- Shalikashvili, said that, ‘‘* * * we have budget. The President proposes $123 bil- ator from Wyoming. family housing that we ought not be lion in new domestic programs, but Mr. THOMAS. Mr. President, what is asking our folks to live in.’’ again proposes to cut our military the pending business? In the Air Force alone there are over budget. Surely now—surely America’s The PRESIDING OFFICER. The 41,000 families on waiting lists for de- national interests and our national se- pending business is the Hutchinson cent housing. In my State of Nebraska, curity has some priority in this budget. amendment. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4871 AMENDMENT NO. 2401 TO AMENDMENT NO. 2387 Mr. HUTCHINSON. Mr. President, I labor, including improved procedures to re- Mr. THOMAS. Mr. President, I send ask unanimous consent that the read- quest investigations of suspected prison an amendment to amendment No. 2387 ing of the amendment be dispensed labor facilities by international monitors. ll to the desk. with. SEC. . DEFINITION OF FORCED LABOR. As used in sections ll through ll of this The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Act, the term ‘‘forced labor’’ means convict clerk will report. objection, it is so ordered. labor, forced labor, or indentured labor, as The assistant legislative clerk read The amendment is as follows: such terms are used in section 307 of the Tar- as follows: Add at the end the following new sections: iff Act of 1930. The Senator from Wyoming [Mr. THOMAS] SEC. ll. FINDINGS. Mr. HUTCHINSON. Mr. President, I proposes an amendment numbered 2401 to Congress makes the following findings: ask unanimous consent to add my good amendment No. 2387. (1) The United States Customs Service has friend and colleague, Senator ABRAHAM Mr. THOMAS. Mr. President, I ask identified goods, wares, articles, and mer- of Michigan, as an original cosponsor unanimous consent that reading of the chandise mined, produced, or manufactured of this amendment. amendment be dispensed with. under conditions of convict labor, forced The PRESIDING OFFICER. Without labor, and indentured labor in several coun- objection, it is so ordered. The PRESIDING OFFICER. Without tries. objection, it is so ordered. Mr. HUTCHINSON. Mr. President, (2) The United States Customs Service has this amendment is simple and, again, it The amendment is as follows: actively pursued attempts to import prod- was noncontroversial when it was In the pending amendments, on page 1, ucts made with forced labor, resulting in sei- strike lines 5 through page 5, line 4. zures, detention orders, fines, and criminal voted on in the House of Representa- prosecutions. tives. In fact, the language in this Mr. THOMAS. Mr. President, I sim- amendment passed the House with al- ply send the amendment which will (3) The United States Customs Service has taken 21 formal administrative actions in most unanimous support. Having deal with the findings of this bill and the form of detention orders against dif- served in the House 4 years, I know this eliminate them in a second-degree ferent products destined for the United happens rarely. It was a 419-to-2 vote. amendment. States market, found to have been made So, it had overwhelming bipartisan I yield the floor and suggest the ab- with forced labor, including products from support. sence of a quorum. the People’s Republic of China. This amendment will simply do two The PRESIDING OFFICER. The (4) The United States Customs Service does things: First, it will express the sense not currently have the tools to obtain the clerk will call the roll. of the Congress that the President The assistant legislative clerk pro- timely and in-depth verification necessary to identify and interdict products made with should replace any memorandums of ceeded to call the roll. forced labor that are destined for the United understanding on prison labor that Mr. THURMOND. Mr. President, I States market. lack effective monitoring procedures ask unanimous consent that the order SEC. ll. AUTHORIZATION FOR ADDITIONAL like the one negotiated with the Peo- for the quorum call be rescinded. CUSTOMS PERSONNEL TO MONITOR ple’s Republic of China and replace the The PRESIDING OFFICER. Without THE IMPORTATION OF PRODUCTS agreement with a stricter monitoring objection, it is so ordered. MADE WITH FORCED LABOR. system. There are authorized to be appropriated for Second, the bill authorizes $2 million PRIVILEGE OF THE FLOOR monitoring by the United States Customs Mr. THURMOND. Mr. President, I Service of the importation into the United in additional funds for the U.S. Cus- ask unanimous consent that Mr. Ed States of products made with forced labor, toms Service to monitor the importa- Fienga, a Department of the Air Force the importation of which violates section 307 tion of slave-labor-produced goods. As fellow in the office of Senator KAY BAI- of the Tariff Act of 1930 or section 1761 of everyone in this body knows, the im- LEY HUTCHISON be granted the privilege title 18, United States Code, $2,000,000 for fis- portation of goods made by convicts of the floor during the consideration of cal year 1999. has been banned for more than a half a ll S. 2057. SEC. . REPORTING REQUIREMENT ON century. This law underscores Ameri- FORCED LABOR PRODUCTS DES- cans’ firm conviction that such prod- The PRESIDING OFFICER. Without TINED FOR THE UNITED STATES objection, it is so ordered. MARKET. ucts produced by coerced and forced Mr. THURMOND. Mr. President, I (a) REPORT TO CONGRESS.—Not later than 1 labor should not be sold in this coun- suggest the absence of a quorum. year after the date of the enactment of this try. I believe Americans are repulsed The PRESIDING OFFICER. The Act, the Commissioner of Customs shall pre- by the very thought of benefiting from clerk will call the roll. pare and transmit to Congress a report on cheap prices on products produced by products made with forced labor that are the sweat and blood of foreign pris- The assistant legislative clerk pro- destined for the United States market. ceeded to call the roll. oners. (b) CONTENTS OF REPORT.—The report Despite this ban, products made in Mr. HUTCHINSON. Mr. President, I under subsection (a) shall include informa- Communist China’s vast archipelago of ask unanimous consent that the order tion concerning the following: slave labor camps, known as the laogai, for the quorum call be rescinded. (1) The extent of the use of forced labor in continue to flow into this country The PRESIDING OFFICER (Mr. manufacturing products destined for the United States market. unabated. This system of laogai, a HAGEL). Without objection, it is so or- word meaning reform through labor, dered. (2) The volume of products made with forced labor, destined for the United States was designed for the dual purposes of Mr. HUTCHINSON. Mr. President, I market, that is in violation of section 307 of political control and forced economic ask unanimous consent that the pend- the Tariff Act of 1930 or section 1761 of the development. Interestingly, this sys- ing business be set aside so that I can title 18, United States Code, and is seized by tem is modeled on Stalin’s Soviet offer a second amendment. the United States Customs Service. Gulag, which we all remember was ex- The PRESIDING OFFICER. Is there (3) The progress of the United States Cus- posed most graphically by Alexander toms Service in identifying and interdicting objection? Without objection, it is so Solzhenitsyn. ordered. products made with forced labor that are destined for the United States market. This system of forced labor, slave AMENDMENT NO. 2388 SEC. ll. RENEGOTIATING MEMORANDA OF UN- labor, has been an integral part of Chi- (Purpose: Relating to the use of forced labor DERSTANDING ON FORCED LABOR. nese totalitarianism since the incep- in the People’s Republic of China) It is the sense of Congress that the Presi- tion of the People’s Republic of China Mr. HUTCHINSON. Mr. President, I dent should determine whether any country in 1949. Harry Wu, a survivor of the call up amendment No. 2388 and ask for with which the United States has a memo- laogai, and a friend of mine, has esti- its consideration. randum of understanding with respect to re- mated that some 50 million Chinese The PRESIDING OFFICER. The ciprocal trade which involves goods made men and women have passed through clerk will report. with forced labor is frustrating implementa- these camps, of whom 15 million have tion of the memorandum. Should an affirma- The assistant legislative clerk read tive determination be made, the President perished. Today, anywhere from 6 to 8 as follows: should immediately commence negotiations million people are captive in the 1,100 The Senator from Arkansas (Mr. HUTCH- to replace the current memorandum of un- camps of laogai, held and forced to INSON), for himself and Mr. ABRAHAM, pro- derstanding with one providing for effective work under grossly inhumane condi- poses an amendment numbered 2388. procedures for the monitoring of forced tions. S4872 CONGRESSIONAL RECORD — SENATE May 14, 1998 According to official statistics, the Mr. President, the two most recent employment in these industries fall. laogai operate 140 export enterprises State Department human rights re- Thus, despite the productivity advan- selling products to over 70 nations ports on China state that ‘‘Repeated tage of U.S. labor—and I do not believe abroad, including the United States. delays in arranging prison labor site there is a better worker in the world; I These enterprises are responsible for visits called into question the govern- do not believe there are harder workers producing key commodities, including ment’s intention regarding the imple- in the world than the American work- uranium, graphite, rubber, cotton, as- mentation of the two agreements.’’ er—but in spite of that high productiv- bestos, and one-third of Chinese tea is So we have two agreements with ity, how can we ask them to compete? produced in these slave labor camps, as China which were to provide for inspec- And, in fact, they cannot compete well as a huge array of consumer tions of these camps in which these against low- or no-cost employment in goods, including toys, artificial flowers kinds of products are made to compete the People’s Republic of China. and, ironically, Christmas lights and with American workers. According to Mr. President, I doubt American con- rosaries. our State Department, we have found, sumers would knowingly fund a Stalin- When I went to China in January, I instead of cooperation, obstructionism ist system of forced labor and repres- asked to visit a laogai prison. In fact, and delays in arranging for visits to sion. That is why they support laws I asked every day. I asked repeatedly, those labor camps. banning this practice and expect the and repeatedly, but my requests to Obviously, I think this indicates that U.S. Government to do everything pos- visit a laogai prison were denied. For- the Chinese Government is not intent sible to ensure that such products are tunately, one of my colleagues in the on cooperating with us on trying to en- not sold in the United States. Yet be- House on an earlier trip, Representa- sure that the products produced are cause of the lax enforcement and the tive FRANK WOLF, was able to visit Bei- not being sold domestically or to the open Chinese disregard for United jing Prison No. 1. This is the exterior foreign market and that humane condi- States law, Americans are being duped of that prison camp that Congressman tions prevail in these camps. into buying products made by slave la- WOLF visited, a prison camp that in- The U.S. Customs Service has al- borers. I think that is unfortunate. I cludes a slave labor industry. ready banned 27 different products of think they are doing so unwittingly. This second photo shows us the pic- laogai camps. Unfortunately, in testi- But I think we have to do a better job ture of the Beijing hosiery factory. mony before the Senate Foreign Rela- to ensure, in monitoring those prod- This is located inside of that prison tions Committee, on May 22, 1997, the ucts that are coming into this country, camp. Customs Commissioner George Weise that they are not made in inhumane, The third photo actually shows the noted that the Customs Service is too slave labor conditions that exist in assembly line where these products are weak and understaffed to monitor Chi- hundreds of prisons in China today. made. na’s slave labor enterprises. That is why this is a modest—what I In this prison, Mr. WOLF found slave Specifically, he said: would call a baby step, this is a laborers producing socks on this as- We simply do not have the tools within our minimalist approach. This is the least sembly line. I have some of the very present arsenal at Customs to gain the time- we can do, to simply give $2 million to socks produced on that assembly line ly and in depth verification that we need. the Customs Service and say we have which Mr. WOLF brought back. You can I want to say I do not know whether to have better monitoring of these see the socks. This particular pair was he is accurate in that contention or products. We have a moral obligation determined to be for export. This is not not. I would not presume to say wheth- to do everything in our power to stop just a matter of laogai slave labor pris- er or not the Customs Service actually slave labor and to end the flow of slave- ons, which would be horrific enough, has the resources to do the job or not. labor-produced goods in this country that would be bad enough, but these But I want them to have no excuse; I which will stop the flow of profits or at particular products were made for ex- do not want them to be able to come to least slow the flow of profits into the port to other countries. the House or to the Senate, to our com- PRC. I think it is a rational first step, When I was in China, I saw many mittees, our oversight committees, and a small step but a rational step. things. One thing I did not see was any say, we simply cannot do the job that I urge my fellow Senators to join 419 golf courses, but the logo on these we are mandated to do in ensuring that Members of the U.S. House of Rep- socks is a person swinging a golf club, these products are not being sold in the resentatives by passing this amend- obviously not intended for sale within United States of America that are ment to increase the Customs Service China but for sale on the foreign mar- being produced in these slave labor enforcement funding and to reach ket. camps. agreements that give the Customs Although the United States entered These expansive forced-labor camps Service the powers they need to end into binding agreements with China in operate at very low costs even in rela- this bloody trail. 1992 and 1994 to bar trade in prison tion to China’s lower wage scale, thus I ask for the yeas and nays on this labor products and to allow inspection providing them a competitive advan- amendment. of its forced-labor camps, the Chinese tage over other firms and giving them The PRESIDING OFFICER. Is there a Government has frustrated their imple- sizable profit margins that help to fund sufficient second? mentation, both by using dual names the Chinese Government. The laogai Is there a sufficient second? to disguise camp products and by deny- are in a win-win situation. It is a win- There is not a sufficient second. ing access to those slave labor camps. win for China. They help maintain Several Senators addressed the In 1996, the Chinese Government their political control and indoctrina- Chair. granted access to just one prison labor tion of the citizenry, and they funnel The PRESIDING OFFICER. The Sen- camp. Out of the whole laogai system, money into their treasury through ator from South Carolina. access in 1996 was granted to only one these slave labor enterprises. American Mr. THURMOND. I would like to in- that had been requested by the U.S. businesses that use wage-earning em- quire of the Senator, here he provides Customs Service. ployees are being placed at a competi- $2 million to be used to handle this sit- Mr. President, the following two tive disadvantaged by less scrupulous uation. Will that come out of the de- charts show examples of laogai prison competitors who use this illegal source fense bill? camps that have never been inspected, of artificially cheap labor. Mr. HUTCHINSON. I say to the chair- though the request has been made to These socks are the kind of thing man, I would presume that the $2 mil- visit. These photos were taken, obvi- they are producing. And they are pro- lion—this is an amendment to the De- ously, outside the camp. This is laogai ducing them with slave labor, prisoners partment of Defense bill, so I would as- slave labor camp No. 5 and Zhejiang who are being paid little, if anything. sume the $2 million would come out of laogai slave labor camp. Both of these And those laborers are competing with the defense bill. And $2 million, I might labor camps—we have a second picture American workers, placing our workers add—if I might inquire of the chair- as well—show individuals going into at an incredible disadvantage. As more man, the total budget, the total the camp. These pictures were obtained businesses rely on Chinese slave labor amount authorized in the defense bill, by the Laogai Research Foundation. and slave-labor-produced goods, U.S. is how much? May 14, 1998 CONGRESSIONAL RECORD — SENATE S4873 Mr. THURMOND. If that comes out (4) However, the United States Customs effective procedures for the monitoring of of defense, then I will have to oppose Service has never formally investigated or forced labor or indentured labor, including the amendment. pursued enforcement with respect to at- forced or indentured child labor. The memo- Mr. HUTCHINSON. I simply say that tempts to import products made with forced randum of understanding should include im- or indentured child labor. proved procedures for requesting investiga- the national security of the United (5) The United States Customs Service can tions of suspected work sites by inter- States—part of that is ensuring that use additional resources and tools to obtain national monitors. the People’s Liberation Army and the the timely and in-depth verification nec- SEC. 5. DEFINITION OF FORCED LABOR. Chinese Government not receive re- essary to identify and interdict products In this Act, the term ‘‘forced labor’’ means sources and revenues through products made with forced labor or indentured labor, convict labor, forced labor, or indentured produced by slave labor. including forced or indentured child labor, labor, as such terms are used in section 307 Mr. HARKIN. Will the Senator yield? that are destined for the United States mar- of the Tariff Act of 1930. The term includes Mr. HUTCHINSON. I am glad to. ket. forced or indentured child labor— Mr. HARKIN. To answer the chair- (6) The International Labor Organization (1) that is exacted from any person under man’s point, it does not come out of de- estimates that approximately 250,000,000 15 years of age, either in payment for the children between the ages of 5 and 14 are debts of a parent, relative, or guardian, or fense. It just authorizes the Depart- working in developing countries, including ment of Treasury to allocate $2 mil- drawn under false pretexts; and millions of children in bondage or otherwise (2) with respect to which such person is lion. forced to work for little or no pay. confined against the person’s will. Mr. HUTCHINSON. Two million dol- (7) Congress has clearly indicated in Public Section 307 of the Tariff Act of 1930 (19 lars. Law 105–61, Treasury-Postal Service Appro- U.S.C. 1307) is amended by adding at the end Mr. HARKIN. For this purpose. priations, 1998, that forced or indentured the following new paragraph: Mr. HUTCHINSON. I thank my col- child labor constitutes forced labor under ‘‘For purposes of this section, forced or league for that clarification. section 307 of the Tariff Act of 1930 (19 U.S.C. indentured labor includes forced or inden- Mr. HARKIN. It does not come out of 1307). tured child labor. this. SEC. 2. AUTHORIZATION FOR ADDITIONAL CUS- TOMS PERSONNEL TO MONITOR THE Mr. HARKIN. Mr. President, this is a Mr. HUTCHINSON. I say to the chair- IMPORTATION OF PRODUCTS MADE second degree to the Hutchinson man, may I clarify my previous re- WITH FORCED OR INDENTURED amendment. sponse that in fact it would not come LABOR. I ask unanimous consent to add my from the Department of Defense, not There are authorized to be appropriated name to the Hutchinson amendment as $2,000,000 for fiscal year 1999 to the United come from the defense budget, but au- a cosponsor; and Senator WELLSTONE thorizes $2 million from the Depart- States Customs Service to monitor the im- portation of products made with forced labor also wanted to be added as a cosponsor ment of Treasury. So it would not in or indentured labor, including forced or in- of the amendment. any way intrude upon that which your dentured child labor, the importation of The PRESIDING OFFICER. Without committee has sought to ensure ade- which violates section 307 of the Tariff Act of objection, it is so ordered. quate defenses for the country. 1930 or section 1761 of title 18, United States Mr. HARKIN. I have spoken with the Mr. THURMOND. Thank you for the Code. author of the pending amendment, and clarification. SEC. 3. REPORTING REQUIREMENT ON FORCED I am very supportive of Senator Hutch- Mr. HARKIN addressed the Chair. LABOR OR INDENTURED LABOR inson’s amendment. This is a friendly The PRESIDING OFFICER. The Sen- PRODUCTS DESTINED FOR THE UNITED STATES MARKET. amendment, which he accepts. My ator from Iowa. (a) REPORT TO CONGRESS.—Not later than 1 amendment does not in any way AMENDMENT NO. 2402 TO AMENDMENT NO. 2388 year after the date of enactment of this Act, change the intent of the Hutchinson (Purpose: To increase monitoring of im- the Commissioner of Customs shall prepare amendment nor does it add any more ported products made with forced or inden- and transmit to Congress a report on prod- money. tured labor and forced or indentured child) ucts made with forced labor or indentured Basically, this amendment reflects Mr. HARKIN. Mr. President, I have labor, including forced or indentured child the intent of Congress to include forced an amendment to the Hutchinson labor that are destined for the United States and indentured child labor in the inter- amendment I send to the desk. market. (b) CONTENTS OF REPORT.—The report pretation of section 307 of the Tariff The PRESIDING OFFICER. The under subsection (a) shall include informa- Act of 1930. clerk will report. tion concerning the following: The legislative clerk read as follows: The Congress spoke with one voice (1) The extent of the use of forced labor or when it instructed the U.S. Customs The Senator from Iowa [Mr. HARKIN], for indentured labor, including forced or inden- Service to block from entry into the himself and Mr. WELLSTONE, proposes an tured child labor in manufacturing or mining amendment numbered 2402 to amendment products destined for the United States mar- United States any imports made by No. 2388. ket. forced or indentured child labor, as Mr. HARKIN. Mr. President, I ask (2) The volume of products made or mined they are inherently for imports made that reading of the amendment be dis- with forced labor or indentured labor, includ- with forced and indentured labor. pensed with. ing forced or indentured child labor that is— This clarification of congressional in- The PRESIDING OFFICER. Without (A) destined for the United States market, tent was part of the fiscal year 1998 (B) in violation of section 307 of the Tariff objection, it is so ordered. Treasury-Postal appropriations bill Act of 1930 or section 1761 of title 18, United which the President has signed into The amendment is as follows: States Code, and In lieu of the language proposed to be in- (C) seized by the United States Customs law. So, again, this amendment does serted, insert the following: Service. not change anything really of the SECTION 1. FINDINGS. (3) The progress of the United States Cus- Hutchinson amendment. It simply adds Congress makes the following findings: toms Service in identifying and interdicting forced and indentured child labor as (1) The United States Customs Service has products made with forced labor or inden- part of the amendment. identified goods, wares, articles, and mer- tured labor, including forced or indentured As I said, it preserves the congres- chandise mined, produced, or manufactured child labor that are destined for the United sional intent passed last year. The U.S. under conditions of convict labor, forced States market. Customs Service will still be able to labor, or indentured labor, in several coun- SEC. 4. RENEGOTIATING MEMORANDA OF UN- tries. DERSTANDING ON FORCED LABOR. aggressively pursue items made with (2) The United States Customs Service has It is the sense of Congress that the Presi- convict labor, forced labor, or inden- made limited attempts to prohibit the im- dent should determine whether any country tured labor, and prevent them from port of products made with forced labor, re- with which the United States has a memo- reaching our shores. They should right- sulting in only a few seizures, detention or- randum of understanding with respect to re- ly do so. That is why I am supportive of ders, fines, and criminal prosecutions. ciprocal trade that involves goods made with the Hutchinson amendment. (3) The United States Customs Service has forced labor or indentured labor, including Again, the reason this is necessary is taken 21 formal administrative actions in forced or indentured child labor is frustrat- a little over a year ago—actually about the form of detention orders against dif- ing implementation of the memorandum. If ferent products destined for the United an affirmative determination be made, the 2 years ago now—I contacted the States market, found to have been made President should immediately commence ne- Treasury Department to ask if section with forced labor, including products from gotiations to replace the current memoran- 307 of the Tariff Act of 1930 covered the People’s Republic of China. dum of understanding with one providing for forced and indentured child labor. S4874 CONGRESSIONAL RECORD — SENATE May 14, 1998 I got a letter back saying, well, they One day Mohan was weeping to go to meet ‘‘child.’’ In other words, under ‘‘forced did not know. They needed clarifica- his parents at the very moment, his cruel and indentured labor’’ to include tion. Last year, under the Treasury- employer hitted him by a pointed weapon. ‘‘forced and indentured child labor’’ to Postal appropriations bill, we provided His left eye had injured. His parents came to clarify section 307 of the Tariff Act of that clarification that it indeed cov- know of his pathetic condition, they re- ported the matter to the activists of BBA– 1930. ered forced and indentured child labor. SACCS. A raid and rescue operation was or- I am proud to be a cosponsor of the And that is what my amendment does ganized by activists of BBA–SACCS for re- Hutchinson amendment. here; it just adds those words back in leasing of Mohan Kumar. Mr. HUTCHINSON. Will the Senator there. After releasing, Mohan Kumar joined yield? And, again, it should be added be- Mukti Ashram, he was suffering from the Mr. HARKIN. Yes. cause in many cases these children are traumatic effects. Still he has the mark of Mr. HUTCHINSON. I may have like slaves. They are sold, maybe some- that brutal act of his master under his left missed this. Would you clarify it, was times for an outstanding debt that is eye. Slowly and gradually, he accustomed this the language that was adopted last owed to a family. They are traded like with the environment of Mukti Ashram and year? cattle. Typically what happens is, a recovered from the traumatic effect. He Mr. HARKIN. Yes, this exact lan- began to taking interest in his studies. Now guage was adopted by both the House child is sold into a factory or plant as his ambition to become a Sub-divisional a payment for an outstanding debt. Magistrate (SDM) so that, he can help to and the Senate last year on the Treas- The middle man, a loan shark, trans- those miserable children, who are in bond- ury-Postal appropriations bill. fers the child to a work setting far age. Mr. HUTCHINSON. But because it away from his home. And these kids was appropriations, it was only good literally work as virtual slaves doing SMILE EVEN WHEN YOU ARE IN TROUBLE for 1 year? anything from making rugs to soccer One fine morning Nageshwar sang while Mr. HARKIN. That is the problem. balls to serving as prostitutes, to walking in Mukti Ashram’s garden—‘‘Smile Mr. HUTCHINSON. I express my sup- and sing even when you are in trouble.’’ For port for the friendly amendment and breaking bricks or mining granite or every winter follows spring as the dawn fol- making glassware. Many times these appreciate your support for the under- lows dusk. lying amendment. kids are never released from their And the Mukti Ashram celebrated it, Ev- Mr. WARNER. Mr. President, I sug- bondage until they get too old to do eryone, children and teachers were singing gest the absence of a quorum. the work. They are punished severely; and dancing, ‘Thank God! Nageshwar’s voice The PRESIDING OFFICER. The a lot of times they work 12 to 15 hours came back, which he lost for more than three weeks. clerk will call the roll. a day. The legislative clerk proceeded to Mr. President, last year I visited a Nageshwar comes from a remote district of Bihar. When he was seven and playing with call the roll. place out of New Delhi called the Muki his two younger brothers, a Dalal (Labour Mrs. FEINSTEIN. Mr. President, I Ashram, or ‘‘liberation retreat’’ estab- recruiter) came along with four children of ask unanimous consent that the order lished in 1991 by Kailash Satiyarti, the same age of Nageshwar lured him by giv- for the quorum call be rescinded. president of the South Asian Coalition ing some sweets and false promise of a good The PRESIDING OFFICER. Without on Child Servitude, located right out- life and bright future. Due to allurement, objection, it is so ordered. side of New Delhi, a place where bonded Nageshwar and his brothers were ready to go Mr. WARNER. Mr. President, if the child laborers are freed from the shack- with Dalal. Dalal taken away them to a car- Chair will advise as to the pending les of slavery. They are brought there, pet loom situated in the remote area of Al- lahabad, Uttar Pradesh. amendment so everybody listening has they are rehabilitated, they are able to Carpet loom owner treated him just like a it clearly in mind. go to school, learn a trade and regain slave. Nageshwar was forced to work for 18 to The PRESIDING OFFICER. The their sense of self-worth. I was deeply 20 hours a day even some times for whole pending amendment is amendment moved by this establishment. night also. While weaving the carpet his numbered 2402 offered by the Senator I saw somewhere between 50 and 100 cruel employer often beat him brutally with from Iowa as a second-degree amend- kids who were there, many as young as a panja ( a tool used in carpet weaving). In ment to the amendment of the Senator 8 years of age, many of whom had been the name of food, Nageshwar’s employer from Arkansas. beaten. I saw kids that had marks still given him two chapaties with salt twice a Mr. WARNER. For further clarifica- day and forced to eat. Nageshwar has no sep- on their face and their arms where tion, the yeas and nays have not been they had been burned with red-hot pok- arate place to sleep and forced to sleep only for two hours in the same place where he ordered? ers and things like that. These kids worked. The PRESIDING OFFICER (Mr. were now being taught in a school, pro- It was November 1st, 1995 the acts of barba- INHOFE). That is correct. vided nutrition. As I said, they get rism against Nageshwar reached their peak. Mr. WARNER. And therefore the de- their sense of self-worth back. Around mid night after Nageshwar had bate and the colloquy on this amend- I have two stories here of two of the helped his two younger brothers to escape ment should continue. I am advised kids who I saw when I was there. I ask from the continuous harassment, physical that we would not be successful in a unanimous consent that these two sto- torture and tyranny they had been suffering unanimous consent requirement to lay for years, his employer punished him with ries be printed in the RECORD. it aside and am perfectly willing at There being no objection, the mate- red hot iron rod, causing irreparable damage to his body. Nageshwar cried and cried—‘Oh this time to continue debate on the rial was ordered to be printed in the God, Oh father’ but no body was their to help Senator’s amendment. RECORD, as follows: him. Mr. HUTCHINSON. Mr. President, I STORY OF EXPLOITED CHILD When the villagers noticed the sign of this would like to modify my amendment to Mohan, a seven year old boy exploited by a torture they reported to BBA–SACCS. No- accept the Harkin second degree. carpet loom owner. He was taken away by a vember 4th 1995 was the independence day for The PRESIDING OFFICER. The dalal from his native village of Bihar to a Nageshwar. On that day Nageshwar and his amendment will be so modified. carpet loom in Allahabad, U.P. Labour re- younger brothers and other four children The amendment (No. 2388), as modi- cruiter (Dalal) came to his parents and lured were released with the great efforts of the fied, is as follows: them by giving false promises of a good life activists of BBA–SACCS. and bright future of Mohan Kumar. When Nageshwar came to the Mukti At the end of the bill add the following: After reaching Allahabad, his cruel em- Ashram, he was ‘‘shell shocked’’, and lost his SECTION 1. FINDINGS. ployer treated him just like an animal, speech. After a month of comprehensive Congress makes the following findings: Mohan was forced to work for 16–18 hours a medical treatment and special care and at- (1) The United States Customs Service has day. While working he was beaten very fre- tention from other children and the Ashram identified goods, wares, articles, and mer- quently by his master or his attendant. staff, he became able to speak and express chandise mined, produced, or manufactured Some times he passed sleepless night due to his feelings Slowly and gradually he had under conditions of convict labor, forced pain, but nobody was taking care of him. In begun to enjoy the life of Mukti Ashram. labor, or indentured labor, in several coun- the name of food, he was given only two Mr. HARKIN. Again, I want to make tries. chapaties, and forced to eat at the same (2) The United States Customs Service has place where he worked. He was guarded by it clear I am very supportive of the made limited attempts to prohibit the im- the attendant of his master in the night and Hutchinson amendment. I believe it is port of products made with forced labor, re- even not allowed to go for routine work a good amendment. This is a friendly sulting in only a few seizures, detention or- alone. amendment—just to add the word ders, fines, and criminal prosecutions. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4875 (3) The United States Customs Service has forced labor or indentured labor, including Without objection, it is so ordered. taken 21 formal administrative actions in forced or indentured child labor is frustrat- Mr. D’AMATO. Mr. President, I ask the form of detention orders against dif- ing implementation of the memorandum. If unanimous consent that I may be per- ferent products destined for the United an affirmative determination be made, the mitted to proceed for up to 5 minutes States market, found to have been made President should immediately commence ne- with forced labor, including products from gotiations to replace the current memoran- as in morning business. the People’s Republic of China. dum of understanding with one providing for The PRESIDING OFFICER. Is there (4) However, the United States Customs effective procedures for the monitoring of objection to the unanimous consent re- Service has never formally investigated or forced labor or indentured labor, including quest? pursued enforcement with respect to at- forced or indentured child labor. The memo- Without objection, it is so ordered. tempts to import products made with forced randum of understanding should include im- f or indentured child labor. proved procedures for requesting investiga- (5) The United States Customs Service can tions of suspected work sites by inter- THE FIGHT AGAINST BREAST use additional resources and tools to obtain national monitors. CANCER the timely and in-depth verification nec- SEC. 5. DEFINITION OF FORCED LABOR. Mr. D’AMATO. Mr. President, I see essary to identify and interdict products In this Act, the term ‘‘forced labor’’ means the Senator from California on the made with forced labor or indentured labor, convict labor, forced labor, or indentured floor and I would like to give her what- including forced or indentured child labor, labor, as such terms are used in section 307 that are destined for the United States mar- of the Tariff Act of 1930. The term includes ever part of my time that might be left ket. forced or indentured child labor— because this is in regard to legislation (6) The International Labor Organization (1) that is exacted from any person under that I think is so important. It is im- estimates that approximately 250,000,000 15 years of age, either in payment for the portant for the psychology of the children between the ages of 5 and 14 are debts of a parent, relative, or guardian, or women of America who, unfortunately, working in developing countries, including drawn under false pretexts; and will be diagnosed with breast cancer. It millions of children in bondage or otherwise (2) with respect to which such person is is important in their medical treat- forced to work for little or no pay. confined against the person’s will. (7) Congress has clearly indicated in Public Section 307 of the Tariff Act of 1930 (19 ment. It is important to their families. Law 105–61, Treasury-Postal Service Appro- U.S.C. 1307) is amended by adding at the end It is important to the community. It is priations, 1998, that forced or indentured the following new paragraph: important to let people know we are child labor constitutes forced labor under ‘‘For purposes of this section, forced or in- serious in our battle to win the fight section 307 of the Tariff Act of 1930 (19 U.S.C. dentured labor includes forced or indentured against breast cancer and to see that 1307). child labor. those who are diagnosed get the proper SEC. 2. AUTHORIZATION FOR ADDITIONAL CUS- Mr. WARNER. Mr. President, on be- treatment and don’t have some medical TOMS PERSONNEL TO MONITOR THE half of the chairman of the Armed IMPORTATION OF PRODUCTS MADE plan or medical director who says WITH FORCED OR INDENTURED Services Committee, Mr. THURMOND, I that—as a result of the ERISA laws LABOR. suggest the absence of a quorum. passed more than 20 years ago—we There are authorized to be appropriated The PRESIDING OFFICER. The don’t have to provide you basic cov- $2,000,000 for fiscal year 1999 to the United clerk will call the roll. erage; we don’t have to say that recon- States Customs Service to monitor the im- The legislative clerk proceeded to structive surgery is covered. And, in- portation of products made with forced labor call the roll. or indentured labor, including forced or in- deed, we have had plans today in Amer- Mr. THURMOND. Mr. President, I ica where millions of women face being dentured child labor, the importation of ask unanimous consent that the order which violates section 307 of the Tariff Act of denied basic coverage as it relates to 1930 or section 1761 of title 18, United States for the quorum call be rescinded. cancer and its treatment and the re- The PRESIDING OFFICER. Without Code. constructive surgery that is necessary. objection, it is so ordered. SEC. 3. REPORTING REQUIREMENT ON FORCED On January 30, 1997, Senator FEIN- LABOR OR INDENTURED LABOR PRIVILEGE OF THE FLOOR STEIN and myself, along with a dozen or PRODUCTS DESTINED FOR THE Mr. THURMOND. Mr. President, I more colleagues—now 21—introduced UNITED STATES MARKET. ask unanimous consent that Richard (a) REPORT TO CONGRESS.—Not later than 1 the Women’s Health and Cancer Rights year after the date of enactment of this Act, Voter, a military fellow in the office of Act. We have amended that and, in- the Commissioner of Customs shall prepare Senator WARNER, be granted floor deed, put some provisions aside, and we and transmit to Congress a report on prod- privileges for the duration of the Sen- have reduced it to two main parts. No. ucts made with forced labor or indentured ate debate on S. 2057, the Defense Au- 1, no bean counter, no statistician can labor, including forced or indentured child thorization Act. set an arbitrary limit on the length of labor that are destined for the United States The PRESIDING OFFICER. Without market. time that a woman takes after a medi- objection, it is ordered. cal procedure for breast cancer. Some (b) CONTENTS OF REPORT.—The report Mr. THURMOND. Mr. President, I plans limit her stay to 24 hours. Imag- under subsection (a) shall include informa- suggest the absence of a quorum. tion concerning the following: The PRESIDING OFFICER. The ine that. If there are complications, it (1) The extent of the use of forced labor or is too bad. She and her family then indentured labor, including forced or inden- clerk will call the roll. The legislative clerk proceeded to have to pay for any longer stay. That is tured child labor in manufacturing or mining unconscionable. The decision in terms products destined for the United States mar- call the roll. ket. Mr. WARNER. Mr. President, I ask of the length of stay should be predi- (2) The volume of products made or mined unanimous consent that the order for cated upon the needs of that patient. with forced labor or indentured labor, includ- the quorum call be rescinded. That determination should be made ac- ing forced or indentured child labor that is— The PRESIDING OFFICER. Without cording to the medical necessity and (A) destined for the United States market, objection, it is so ordered. by her physician, not some bean (B) in violation of section 307 of the Tariff Mr. WARNER. Mr. President, the counter who arbitrarily looks at a pol- Act of 1930 or section 1761 of title 18, United chairman of our committee, the distin- icy and says, ‘‘We won’t pay for more States Code, and than 24 hours.’’ We say that decision (C) seized by the United States Customs guished ranking member, and myself Service. are trying the best we can to accommo- should be made as the medical neces- (3) The progress of the United States Cus- date a number of Senators. The Sen- sity requires. toms Service in identifying and interdicting ator from Minnesota is anxious to The second major provision of that products made with forced labor or inden- speak in relation to one of the pending bill is that reconstructive surgery will tured labor, including forced or indentured amendments by the Senator from Ar- not be treated as something optional or child labor that are destined for the United kansas. cosmetic. Let me refer to the case of a States market. I ask unanimous consent that follow- young woman. This past February, not SEC. 4. RENEGOTIATING MEMORANDA OF UN- ing the Senator from Minnesota, the that long ago, her doctor called me. Dr. DERSTANDING ON FORCED LABOR. Wider of Long Island said to me, It is the sense of Congress that the Presi- Senator from California be recognized dent should determine whether any country for the purpose of another amendment, ‘‘Janet Franquet, a 31-year-old woman, with which the United States has a memo- and then we will take it from there. needs a radical mastectomy. When I randum of understanding with respect to re- The PRESIDING OFFICER. Is there contacted her medical plan, the medi- ciprocal trade that involves goods made with objection? cal director said that they would not S4876 CONGRESSIONAL RECORD — SENATE May 14, 1998 authorize payment for reconstructive So this has been reported out 11 to 9 There is a sufficient second. surgery.’’ Here is a young woman, 31 and will be on the tobacco bill. I thank The yeas and nays were ordered. years of age. I called the director of the 11 members on the Finance Com- Mr. GRAMS. Mr. President, I ask that plan, Dr. Hodos, and I said to him, mittee who voted for it. But under- unanimous consent that the vote occur ‘‘How could you be saying that this is stand, this Senator is serious. We are at 3 o’clock. not necessary?’’ He said, ‘‘Replacement going to continue until this ‘‘win’’ The PRESIDING OFFICER. Is there of a breast is not medically necessary turns into a real win and America’s objection? and not covered under the plan.’’ Then women do not have to be held hostage Without objection, it is so ordered. he said, ‘‘This is not a bodily function any longer. Mr. GRAMS. Thank you, very much, and therefore cannot and should not be I yield the floor. Mr. President. I yield the floor. replaced.’’ f Mrs. FEINSTEIN addressed the That is not an isolated case, Mr. Chair. President. The women of America—our NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 1999 The PRESIDING OFFICER. The Sen- mothers, daughters, sisters, neighbors, ator from California. friends—should know that they are The Senate continued with the con- f covered. sideration of the bill. Let me tell you something. The sorry Mr. GRAMS addressed the Chair. THE FIGHT AGAINST BREAST history of this legislation is that, in The PRESIDING OFFICER. The Sen- CANCER spite of Senator FEINSTEIN, myself, ator from Minnesota is recognized. Mrs. FEINSTEIN. Mr. President, be- Senator SNOWE, and I think every Mr. GRAMS. What is the pending fore I send an amendment to the desk, woman Senator who signed on to sup- business before the Senate? if I may, I would like to make one com- port this bill—I have colleagues who The PRESIDING OFFICER. The ment on the remarks posed to the body say we should not legislate by body pending business is the Hutchinson by the Senator from New York with re- part. Imagine that. We should not man- amendment No. 2388, as modified. spect to the legislation that we cospon- date that. You are right, we should not AMENDMENT NO. 2387 sored. have to mandate it. But the situation Mr. GRAMS. Mr. President, I ask I want to congratulate him for get- requires that. Then we get others who unanimous consent that the pending ting this legislation on the tobacco say, oh, no, we are not going to let you amendment be set aside and that we bill. have a vote on this bill until or unless consider the Hutchinson amendment I also want to express my dismay you let us have a vote on some other numbered 2387. that this route has been taken and that legislation. What nonsense—to hold the The PRESIDING OFFICER. Without an amendment which is very direct women of America captive. objection, it is so ordered. cannot get by this body any other way. Senator FEINSTEIN and I, and a num- Mr. GRAMS. Mr. President, this Mr. President, every day women of ber of colleagues, have decided that we amendment lies within the jurisdiction this country are being subjected to a will bring this legislation up and offer of the Banking Committee’s Inter- mastectomy being performed in the it as an amendment on every piece of national Financial Subcommittee, of morning and being pushed out on the legislation that goes through here that which I am chairman, and the Senator streets that afternoon. It is called a is vital, where there is a bipartisan in- from Virginia, Senator WARNER, also ‘‘same-day mastectomy,’’ a ‘‘drive- terest in seeing this pass. We are going requested consultation with the com- through mastectomy.’’ I never thought to put it on. Indeed, at some point in mittee of jurisdiction on this amend- in my lifetime that I would see the time, we may hold this assembly hos- ment. medical profession in a position where tage. I hereby am registering my opposi- the length of hospital stay could not be When the wheels slow down—under- tion. This is a controversial amend- determined by the physician. stand, it is almost a year and a half ment. I believe it deserves to be consid- All we would do in this amendment is now we have been trying to get this ered through the normal committee say that the length of a woman’s hos- vote. I don’t want people saying we are process. pital stay, having had a mastectomy, attempting to work our will against So, with all due respect to my col- would be based on the advice and the majority. We backed down on the league from Arkansas, and many Sen- knowledge of her physician. Whether education bill; we took it off the IRS ators formally registering concern she has a radical mastectomy, what reform bill. We introduced this bill on about these bills, Mr. President, I move her reaction to anesthesia is, what her January 30, 1997, 14 months ago. We to table the underlying Hutchinson preconditions are, all should be party brought it up during the consideration amendment but also ask unanimous to that decision, and not some HMO of IRS reform. We lost in committee. consent that the vote not occur before that says henceforth all major surgical We got six votes. We brought it up 3 o’clock. procedures called mastectomies will be again. In terms of the package that has The PRESIDING OFFICER. Is there conducted on a same-day basis. This, to just gone by, we brought it up and it objection? me, is bad medicine. was rejected 6 to 6 during the A+ edu- Mr. WARNER. Mr. President, reserv- We also, as the Senator said, simply cation bill. We brought it up on the ing the right to object, I apologize to provide that the insurance company IRS bill during committee and we lost the Senator, I was momentarily dis- must provide for reconstructive sur- 8 to 10. We brought it up again today tracted. Could the Senator repeat his gery or prosthetic surgery, and that and we won 11 to 9. It is on the tobacco UC request? the doctor cannot be penalized for rec- bill and it will be coming to this floor. Mr. GRAMS. I move to table the un- ommending additional treatment for When people say ‘‘what relevance,’’ derlying Hutchinson amendment and the woman. we are talking about the health of ask unanimous consent that the vote It seems to me, Mr. President, that American women. Indeed, I am pre- not occur before 3 o’clock. we owe this simple gesture to the pared to offer it as an amendment to Mr. WARNER. Mr. President, does women of America, because to say to the defense bill, because we spend de- the Senator wish to put that motion in any woman that she has to go into a fense funds, as Senator FEINSTEIN says, right now, or is he going to state it at hospital for major, major surgery and for cancer research and the defense of 3 o’clock so the debate will continue is going to get pushed out on the the families, and the women of Amer- between now and 3? street—I would hazard a guess that ica should not be shelved by partisan Mr. GRAMS. I could state it at 3. there isn’t a man in this room who considerations or some ideological phi- Could I move to have it tabled now wants to have major surgery, leave losophy that says we can’t have man- with that unanimous consent agree- with two to four drains in their body, dates. We have mandates every day. ment and have the vote at 3 o’clock? having had a general anesthetic, and And some of the same people who voted Mr. President, I ask for the yeas and losing a significant portion of their against this bill vote for mandates nays on the motion. torso, and hear, ‘‘You cannot stay over- every day. That is nonsense. It is too The PRESIDING OFFICER. Is there a night in the hospital no matter how bad we need this. sufficient second? you feel.’’ May 14, 1998 CONGRESSIONAL RECORD — SENATE S4877 So I hope that the leadership of this non-nuclear weapons state that detonates a up to late, have been very difficult ad- body, hearing the capacity, the energy, nuclear explosive device; versaries. More recently—this makes the stubbornness of the Senator from It is the sense of Senate that the Senate these detonations even more concern- (1) Condemns in the strongest possible New York, would really realize that terms the decision of the Government of ing—I think there has been a kind of the better part of valor is to allow us India to conduct three nuclear tests on May rapprochement. And we hopefully were to have an up-or-down vote on this 11, 1998 and two nuclear tests on May 13, 1998; seeing some improvement in the rela- amendment. It seems to me, humbly (2) Supports the President’s decision to tions between these two countries. stating, that this is the way this body carry out the provisions of the Nuclear Pro- Mr. President, I can hardly think of a should, in fact, function. liferation Prevention Act of 1994 with respect more important issue to the interests to India and invoke all sanctions therein; of the United States than preventing Mr. D’AMATO. Mr. President, I sim- (3) Calls upon the Government of India to ply would like to say that I have never take immediate steps to reduce tensions that the proliferation of weapons of mass encountered such graciousness, such this unilateral and unnecessary step has destruction. As the Secretary of State tenacity, such great dedication to a caused; said the other day, this Nation has no cause than the Senator from California (4) Expresses its regret that this decision other agenda than peace and stability has given to this effort for the past al- by the Government of India will, of necessity throughout the world. And that, in- most year and a half; and what a great set back relations between the United States deed, is an agenda to which I believe and India; this body can wholeheartedly sub- fighter she is for all of the families of (5) Urges the Government of Pakistan, the this country. Government of the People’s Republic of scribe. So each State that acquires nu- I thank her. And it is a great privi- China, and all governments to exercise re- clear weapons creates additional com- lege and pleasure for me to have the straint in response to the Indian nuclear plications in maintaining international opportunity to work with her in this tests, in order to avoid further exacerbating security. endeavor. the nuclear arms race in South Asia; In south Asia today it appears to be (6) Calls upon all governments in the re- f too late to talk about preventing the gion to take steps to prevent further pro- acquisition of nuclear weapons. Both NATIONAL DEFENSE AUTHORIZA- liferation of nuclear weapons and ballistic countries, India and Pakistan, now TION ACT FOR FISCAL YEAR 1999 missiles; (7) Urges the Government of India to enter clearly have nuclear capability. And The Senate continued with the con- into a safeguards agreement with the Inter- ultimately India must determine for sideration of the bill. national Atomic Energy Agency which would itself whether its interests are best AMENDMENT NO. 2405 cover all Indian nuclear research facilities at served by ridding South Asia of weap- the earliest possible time. (Purpose: To express the sense of the Senate ons of mass destruction or by turning regarding the Indian Nuclear Tests) Mrs. FEINSTEIN. Mr. President, I the region into a potential nuclear bat- Mrs. FEINSTEIN. Mr. President, I rise today to offer an amendment to tleground. That, I think, is no less the send an amendment to the desk the Department of Defense authoriza- decision that has to be made. We all hope that India will choose The PRESIDING OFFICER. The tion bill to express the concern of this the course of deescalation, of standing clerk will report. body and condemnation of the recent down, of beginning to reduce its nu- The legislative clerk read as follows: Indian nuclear tests. Mr. President, this is a sense of the clear arsenal and at the very least The Senator from California (Mrs. FEIN- Senate. Before I go into the provisions showing a willingness, now that these STEIN), for herself, and Mr. BROWNBACK, Mr. underground tests have been carried GLENN, and Mr. BRYAN, proposes an amend- of it, let me state what I understand ment numbered 2405. the facts to be. out, to sign the Nuclear Non-Prolifera- In the last 2 days, there have been tion Treaty. Mrs. FEINSTEIN. Mr. President, I five underground nuclear tests in India And, all of us saying to the Pakistani ask unanimous consent that reading of about 70 miles from the border of Paki- Government, please, we urge you not the amendment be dispensed with. stan. According to Prime Minister to respond in kind but to show that, in- The PRESIDING OFFICER. Without Vajpayee of India, there was a fission deed, Pakistan understands that great- objection, it is so ordered. device, a low-yield device, and a ther- ness is not indigenous to nuclear pro- The amendment is as follows: monuclear device. duction, I believe, in the long run, will At the appropriate place insert: Findings: According to the Carnegie Founda- bring inordinate credibility to the Gov- The Government of India conducted an un- ernment and the people of Pakistan, derground nuclear explosion on May 18, 1974; tion, India is estimated to have ap- Since the 1974 nuclear test by the Govern- proximately 400 kilograms of weapons- and the favorable response of this body ment of India, the United States and its al- usable plutonium. Given that it takes as well. lies have worked extensively to prevent the about 6 kilograms of plutonium to con- Mr. President, the amendment I sub- further proliferation of nuclear weapons in struct a basic plutonium bomb, this mit today on behalf of Senators South Asia; amount would be sufficient for 65 BROWNBACK, GLENN, BRYAN and myself On May 11, 1998, the Government of India bombs. With a more sophisticated de- essentially reports what has happened conducted underground tests of three sepa- sign, it is possible that this estimate in the last 2 days. It then goes on to rate nuclear explosive devices, including a say that it is the sense of the Senate fission device, a low-yield device, and a ther- could go as high as 90 bombs. mo-nuclear device; India also possesses several different that we condemn in the strongest pos- On May 13, 1998 the Government of India aircraft capable of nuclear delivery, in- sible terms the decision of the Govern- conducted two additional underground tests cluding the Jaguar, the Mirage 2,000, ment of India to conduct three nuclear of nuclear explosive devices; the MiG–27, and the MiG–29. India has 2 tests on May 11 and two on May 13 and This decision by the Government of India missile systems potentially capable of that we support the President’s deci- has needlessly raised tension in the South delivering a nuclear weapon: The sion to carry out the provisions of the Asia region and threatens to exacerbate the Prithvi, which can carry a 1,000-kilo- Nuclear Proliferation Prevention Act nuclear arms race in that region; gram payload to approximately 150 kil- of 1994 with respect to India and to in- The five declared nuclear weapons states and 144 other nations have signed the Com- ometers or a 500-kilometer payload to voke all sanctions therein. prehensive Test Ban Treaty in hopes of put- 250 kilometers; and the Agni, a two- I might add that the author of that ting a permanent end to nuclear testing; stage, medium-range missile which can act is a distinguished Member of this The Government of India has refused to conceivably carry a 1,000-kilogram pay- body, none other than Senator JOHN sign the Comprehensive Test Ban Treaty; load as far as 1,500 to 2,000 kilometers. GLENN of the great State of Ohio. And The Government of India has refused to India, according to a report, has pos- that is a rather comprehensive state- sign the Nuclear Non-Proliferation Treaty; sibly deployed, or at the very least is ment of sanctions that in fact can be India has refused to enter into a safeguards storing, conventionally armed Prithvi placed on India. It will effectively ter- agreement with the International Atomic minate assistance to that country Energy Agency covering any of its nuclear missiles in Punjab very near the Paki- research facilities; stani border. under the Foreign Assistance Act of The Nuclear Proliferation Prevention Act Mr. President, it is no secret that 1961 except for humanitarian assistance of 1994 requires the President to impose a va- there are intense feelings between or food or other agricultural commod- riety of aid and trade sanctions against any these two nations. Pakistan and India, ities. S4878 CONGRESSIONAL RECORD — SENATE May 14, 1998 It will terminate sales to that coun- stan, and China—also will recognize Pakistan, which is most likely the next try of any defense articles, defense the fact that we in this body wish to do place for there to be a response, wheth- services or design and construction everything we possibly can to find con- er they would step forward and set off services, and licenses for the export to sensus rather than animus, to put an a nuclear weapon themselves, and that country of any item on the U.S. end to the adversarial relationships, where do we escalate from there? These munitions list. and to have sanity and soundness pre- two nations have gone to war three It will terminate all foreign military vail when it comes to nuclear weapons. times in the last half century. This, to financing for that country, and it will I thank the Chair. Perhaps I might me, is a grave situation we are facing deny to that country credit, credit ask for the yeas and nays on this today. guarantees or other financial assist- amendment. The world was duly horrified this ance by any department, agency or in- Mr. BROWNBACK addressed the week when the Government of India strumentality of the U.S. Government, Chair. detonated these three nuclear devices. except that it will not apply to any The PRESIDING OFFICER. Is there a I think India has behaved irresponsibly transaction subject to the reporting re- sufficient second? and has relegated itself to the category quirement of title V or to humani- Mr. BROWNBACK. Mr. President, I of an outcast. It is a terrible shame for tarian assistance. would like to be heard. a great nation. Rather than a celebra- And it will oppose, in accordance The PRESIDING OFFICER. Is there a tion in the streets, the people of India with the International Financial Insti- sufficient second? should be demonstrating against their tutions Act, the extension of any loan There is a sufficient second. government for plunging their nation or financial or technical assistance to The yeas and nays were ordered. into this international crisis. That is that country by any international fi- Mrs. FEINSTEIN. I now see my dis- why I support this resolution. nancial institution and prohibit any tinguished colleague. I did not see Sen- South Asia is facing a moment of U.S. bank from making any loan or ator BROWNBACK. Perhaps he would like truth. India has already acted. We providing any credit to the Govern- to comment as well. know Pakistan is poised to retaliate. I ment of that country except for loans The PRESIDING OFFICER. The Sen- believe we have to have a chance—and or credits for the purpose of purchasing ator from Kansas. I want to note this, just a chance—to food or other agricultural commod- PRIVILEGE OF THE FLOOR stop Pakistan, or encourage Pakistan ities. Mr. BROWNBACK. I wish to address from taking a foolish and dangerous Finally, it will prohibit exports to this body on this very important issue. step. We must, as President Clinton that country of specific goods and tech- Before I get started, I ask unanimous has recognized, do all we can to per- nology. consent that Terry Williams of my suade the Government of Pakistan to My point in reading this, Mr. Presi- staff be allowed in the Chamber. show restraint, moderation, and intel- dent, is that these, indeed, are strong The PRESIDING OFFICER. Without ligence. Deputy Secretary of State sanctions. I believe all Members of this objection, it is so ordered. Talbott, Assistant Secretary body are in support of the President’s Mr. BROWNBACK. Mr. President, I Inderfurth and General Zinni are in decision and this amendment gives us am a cosponsor of the Feinstein Pakistan right now. I support their ef- an opportunity to say so. amendment. Senator FEINSTEIN and I forts and wish them every success in The sense of the Senate also calls spoke yesterday about this issue and their discussions with Prime Minister upon the Government of India to take the need to speak and to act quickly by Sharif. immediate steps to reduce tensions the United States in a statement of But I think we, too, must act in the that this unilateral and unnecessary condemnation towards India, of sup- U.S. Senate. With this resolution, I step has caused. We express our regret port towards Pakistan, to encourage think we must demonstrate, also, our that this decision by the Government the Pakistanis to stand strong as a na- support for Prime Minister Sharif in of India will by necessity set back rela- tion and not to ignite and set forth a the face of incredible pressure that he tions between the United States and nuclear weapon and escalate this chain is going to have from his country to re- India, and we urge the Government of reaction. We put forward this resolu- spond to India’s nuclear tests. That is Pakistan, the Government of the Peo- tion of which I am a cosponsor. I be- why I believe the Senate should do ple’s Republic of China and all govern- lieve it is the right and appropriate this, and I also think the Senate should ments to exercise restraint in response step for us. She has offered it, and she go further. I think we need to take fur- to Indian nuclear tests in order to has been a peacemaker and a peace- ther and even more aggressive and bold avoid further exacerbating the nuclear keeper for these countries, had their action to try to encourage the Paki- arms race in south Asia. representatives in her home to try to stanis: Don’t respond in kind. We call upon all governments in the get the Ambassadors of these two na- With that, I think we need to act region to take steps to prevent further tions to speak together and to not fur- today to repeal the Pressler amend- proliferation of nuclear weapons and ther proliferate but, rather, to seek ment as an action we can take, as an ballistic missiles, and we urge the Gov- peace. And all of that to no avail as far overt carrot to hold out to the Paki- ernment of India to enter into a safe- as the action that the Indian Govern- stanis, saying, ‘‘We believe in your guards agreement with the Inter- ment has taken this week. cause. Please, show restraint. Don’t go national Atomic Energy Agency which We had, yesterday, a hearing in my on forward. Don’t ignite a nuclear would cover all Indian nuclear research subcommittee that Senator FEINSTEIN weapon. Don’t continue this chain re- facilities at the earliest possible time. attended where we heard of the great action. And if you don’t, we are pre- Mr. President, this is the text and problems we are facing on this entire pared to move forward with removing sum of this sense-of-the Senate amend- subcontinent. Indeed, this is probably something that has been a thorn in ment before this body. I might say, for the most difficult area of the world your side for some time, the Pressler someone who has taken an interest in today and the most problematic, and amendment itself.’’ India, who has spent time with prior the most probable flash point that the This is not about rewarding Pakistan Ambassadors, both of India and Paki- world is facing today with the use of or punishing India. This is a signal to stan, attempting to reconcile dif- nuclear weapons. Pakistan at a crucial moment. Repeal- ferences between the two countries, With the Indians taking this action, ing the Pressler amendment will have that these tests come to me personally five being set off, and then the response little impact on the ground. Pakistan as a very low blow. in India, not being one of ‘‘My good- is already subject to Glenn-Symington I did not think we would see the day ness, what have we unleashed, these sanctions dating back more than a dec- when the detonation of these nuclear first devices being set off since 1974 by ade. Those sanctions already preclude devices would take place. However, a nonnuclear-weapons state; my gosh, providing Pakistan any assistance that is now past. We have seen that what have we released?’’ the reaction under the Foreign Assistance Act. day. We hope we learn from that, and in the street has been jubilation, which So, in this regard I would like to send we hope, most importantly, that the is greater cause for concern, for con- an amendment to the desk regarding governments concerned—India, Paki- cern of what is going to happen in the Pressler amendment and ask for its May 14, 1998 CONGRESSIONAL RECORD — SENATE S4879 immediate consideration. This will be don’t respond in kind we can get the 2 or 5 months, or a year, but it is now in the form of an amendment to the onus of this off our back that we have that it counts. It is now that decisions amendment. tried to have removed for some time. If are being made. I hate to rush people AMENDMENT NO. 2407 TO AMENDMENT NO. 2405 we do respond in kind, the Glenn towards these sorts of actions, but if (Purpose: To repeal a restriction on the pro- amendment automatically hits the we fail to act now, with all the poten- vision of certain assistance and other Pakistanis as well, and you are going tial we have to urge restraint in Paki- transfers to Pakistan) to have a wider range of issues and of stan, I am fearful we will have acted Mr. BROWNBACK. Mr. President, I sanctions that will be hitting Paki- too late and the graphite rods will have send the amendment to the desk. stan. So now there is a carrot and a big been pulled out and the chain reaction The PRESIDING OFFICER. The stick sitting out there of, How do we continues and we have not done every- clerk will report. respond? And the pressure is building thing we possibly can. The bill clerk read as follows: in the streets in Islamabad and This is something we can possibly do. I wish it were in another place on an- The Senator from Kansas [Mr. BROWNBACK] throughout Pakistan of, How do we re- proposes an amendment numbered 2407 to spond? We have to do everything we other vehicle. There is no other place amendment No. 2405. can, near term, to stop that and pro- or time to be able to do this. I think Mr. BROWNBACK. Mr. President, I vide them some option and some means the base amendment is a good one to ask unanimous consent that reading of and some reason not to set off a nu- pass. I think this one sends the abso- the amendment be dispensed with. clear weapon. lute positive signal to Pakistan, please, The PRESIDING OFFICER. Without What repealing this outdated, I please show restraint. That is why I objection, it is so ordered. think, unilateral sanction will do is ask consideration of my amendment to The amendment is as follows: bring Pakistan on the same playing the amendment. At the end of the amendment, add the fol- field as the rest of the world and will At the appropriate time, if necessary, lowing: offer them a carrot. If Pakistan deto- I will be asking for the yeas and nays. The PRESIDING OFFICER. The Sen- SEC. 1064. REPEAL OF RESTRICTION ON CERTAIN nates a nuclear weapon, as India has, it ASSISTANCE AND OTHER TRANS- will be subject to the same sanctions as ator from California. Mrs. FEINSTEIN. Mr. President, re- FERS TO PAKISTAN. India. And believe me, I will be the gretfully I rise to oppose this amend- Section 620E(e) of the Foreign Assistance first one to urge that the United States Act of 1961 (22 U.S.C. 2375(e)) is repealed. ment which, in the current heated en- move swiftly and decisively to impose vironment surrounding the Indian nu- Mr. BROWNBACK. Mr. President, as the sanctions. clear tests, seeks to repeal the Pressler I pointed out, I am a cosponsor of Sen- It is important that we factor in sev- amendment. ator FEINSTEIN’s efforts in this regard, eral considerations as we consider this the resolution being put forward. I I believe that to put a repeal of the amendment. The first is that there are Pressler amendment on this bill and to think that is positive and it is a right multiple laws in place to deal with nu- step to do. I think we need to do that. allow the United States to resume clear proliferators: the Glenn-Syming- military aid to Pakistan would be But I think at this critical juncture we ton amendment, the Glenn amend- have to act even more decisively than counterproductive and would contrib- ment, and various others. Pakistan ute to a further destabilization of an what we are doing with this resolution, will not, and should not, be allowed to and that is why I am proposing this already unstable South Asian security get away with nuclear proliferation. environment. amendment to the resolution that I co- There can be no excuse for transgress- sponsor. I think the amendment that What would India do in response? I ing international norms or U.S. laws. urge the Members of this body, when Senator FEINSTEIN has put forward is However, we must also face an impor- considering whether to vote for an im- the right thing to do. tant reality. Pakistan, a long-term I think, as well, at this very moment minent repeal of the Pressler amend- friend and ally of the United States, is ment, to think that we are doing this in Islamabad and throughout Pakistan next door to a nation of 960 million they are considering: How do we re- before our people have even had a people who just tested five nuclear chance to ascertain what the particu- spond? What do we do? Should we set weapons this week. India could not off a nuclear weapon ourselves, in this lars of this situation are. We are doing have been more clear that it was send- it before we have any assessment of escalating set of events? ing a message to China and as well to If you are in Islambad and you are what might be the response to this ac- Pakistan and the rest of the world. It tion. I think that is precipitous, and I the Prime Minister of this country, or is not unnatural, though it is clearly a parliamentarian, or somebody that’s think it is unfortunate. unwise, for Pakistan to consider its op- Most immediately, what would be the an official in this nation, you have to tions. effect? A repeal of Pressler would re- be sitting there saying, What do we do? Pakistan’s conventional military lease 28 F–16s which Pakistan pur- Is this the time we should show abilities have been seriously eroded be- chased in 1989, but due to the inability strength in the form of retaliation, in cause of the Pressler sanctions. I be- of the President to certify in 1990 that the form of setting off another nuclear lieve that were Pakistan able to be Pakistan does not possess a nuclear de- weapon, and we get the escalation more reliant on a conventional deter- vice—— going on? And there is pressure build- rent the nuclear option might seem The PRESIDING OFFICER. If the ing in the streets, and the people in the less attractive. In addition, were Paki- Senator will withhold. streets say, ‘‘We need to respond, we stan aware of the immense inter- Mr. LEVIN. Mr. President, I ask need to show strength in the form of national support behind a policy of re- unanimous consent that after the com- detonating a nuclear weapon.’’ straint, so, too, might they feel less pletion of this vote, the floor be re- We have to do everything we can threatened and feel like there is some- stored to the Senator from California. today to try to encourage the Paki- thing in this for them if they show a The PRESIDING OFFICER. Without stanis not to respond in kind. We need bit of moderation and a bit of re- objection, it is so ordered. to hold out some carrots to them, say- straint. VOTE ON AMENDMENT NO. 2387 ing if you will show restraint, if you We are at a crucial moment. Failure The PRESIDING OFFICER. The hour will show wisdom, if you will show to take decisive action at this juncture of 3 p.m. having arrived, the question is moderation, we can help and we can could mean disaster in south Asia. I on agreeing to the motion to lay on the work with you and here is a way. The think time is absolutely of the essence table amendment No. 2387. The yeas Pressler amendment has been in place. or I would not have brought it out on and nays have been ordered. The clerk It has been partially repealed over this today. Decisions are being made will call the roll. time. We can say to them, If you will now in Islamabad of what reaction The bill clerk called the roll. show restraint, we are going to move they will take to the Indian’s action, The PRESIDING OFFICER (Mr. GOR- towards lifting this; we are going to what they have done this week in deto- TON). Are there any other Senators in lift this Pressler amendment. nating five nuclear weapons. Those de- the Chamber desiring to vote? Then they have a different choice to cisions are being made now. I wish we The result was announced—yeas 24, make. They can say, You know, if we could put this debate off for a month or nays 76, as follows: S4880 CONGRESSIONAL RECORD — SENATE May 14, 1998 [Rollcall Vote No. 136 Leg.] EXECUTIVE OFFICE OF THE PRESI- ator from California had asked for, on YEAS—24 DENT, OFFICE OF MANAGEMENT her amendment. AND BUDGET, Akaka Glenn Levin Mr. LEVIN. Will the Senator from Baucus Graham Lugar Washington, DC, November 4, 1997. Virginia yield on that point? Biden Grams McConnell STATEMENT OF ADMINISTRATION POLICY Mr. WARNER. I yield. Bingaman Hagel Murkowski H.R. 2647—MONITORING COMMERCIAL ACTIVITIES Breaux Inouye Reed Mr. LEVIN. I believe we did enter a Cleland Johnson Robb OF CHINESE MILITARY COMPANIES (FOWLER (R) unanimous consent agreement that the Daschle Kennedy Roberts FL AND 16 OTHERS) Senator from California be recognized Ford Kerrey Rockefeller The Administration opposes H.R. 2647 be- after the disposition of the Hutchinson NAYS—76 cause it is unnecessary and counter- amendments, since she was in the mid- productive. In particular, the Administra- Abraham Faircloth McCain tion opposes the requirement to disclose pub- dle of her remarks at the time that the Allard Feingold Mikulski regular order required us to begin the Ashcroft Feinstein Moseley-Braun licly the list of Chinese military companies Bennett Frist Moynihan operating directly or indirectly in the United last votes. Bond Gorton Murray States. The requirement for such disclosure I am wondering if we could just spend Boxer Gramm Nickles could implicate classified information that 30 seconds seeing if the Senator from Brownback Grassley Reid needs to be protected in the interests of na- Bryan Gregg Roth California would like the floor. tional security, i.e., intelligence sources and Mr. WARNER. Mr. President, I join Bumpers Harkin Santorum methods. Burns Hatch Sarbanes in that request, and then the Senate The Administration is also seriously con- Byrd Helms Sessions can proceed to the amendment of the Campbell Hollings Shelby cerned about the precedent of authorizing Chafee Hutchinson Smith (NH) the exercise of authorities under the Inter- Senator from Oklahoma. I ask unani- Coats Hutchison Smith (OR) national Emergency Economic Powers Act mous consent that following the re- Cochran Inhofe Snowe (IEEPA) without regard to the Act’s strict marks of the Senator from California, Collins Jeffords Specter standards of an international threat. H.R. the Senate proceed to the amendment Conrad Kempthorne Stevens 2647 establishes no clear standards for invok- Coverdell Kerry Thomas that will be submitted by the Senator Craig Kohl Thompson ing the IEEPA authorities against Chinese from Oklahoma. D’Amato Kyl Thurmond military companies and bears no relation to The PRESIDING OFFICER. Without DeWine Landrieu Torricelli the effect on the United States of the com- Dodd Lautenberg Warner mercial activities of the designated Chinese objection, it is so ordered. Domenici Leahy Wellstone companies. If the People’s Liberation Army Mr. LEVIN. Mr. President, I under- Dorgan Lieberman Wyden companies, or any other foreign companies, stand that the Senator from California Durbin Lott undertake specific illegal activities, there is on her way and will be here in a few Enzi Mack are U.S. laws authorizing a broad range of moments. I suggest the absence of a The motion to lay on the table the sanctions. In cases when U.S. law is violated, quorum. amendment (No. 2387) was rejected. the Administration can, and will, act to en- The PRESIDING OFFICER. The Mr. HUTCHINSON. Mr. President, I force the law. clerk will call the roll. move to reconsider the vote. VOTE ON AMENDMENT NO. 2387, AS AMENDED The legislative clerk proceeded to The PRESIDING OFFICER. The mo- The PRESIDING OFFICER. If there call the roll. tion to lay on the table the motion re- be no further debate, the question is on Mr. BROWNBACK. Mr. President, I consider is agreed to. agreeing to the amendment. The Senator from Arkansas. ask unanimous consent that the order The amendment (No. 2387), as amend- for the quorum call be rescind. VOTE ON AMENDMENT NO. 2401 ed, was agreed to. The PRESIDING OFFICER. Without Mr. HUTCHINSON. Mr. President, I, AMENDMENT NO. 2388, AS AMENDED, AS MODIFIED objection, it is so ordered. as the sponsor of the amendment, ac- Mr. BROWNBACK. Mr. President, I cept the second-degree amendment by Mr. WARNER. Mr. President, my un- derstanding is the Senator from Arkan- had been asked previously by the Sen- Senator THOMAS, ask unanimous con- ator from Iowa that he be listed as a sent to vitiate the yeas and nays, and sas has a second amendment. cosponsor of the amendment I put for- urge the adoption of the amendment. Mr. HUTCHINSON. Mr. President, The PRESIDING OFFICER. Without amendment No. 2388 is the second ward. I ask unanimous consent that objection, the yeas and nays are viti- amendment. Has the amendment been while we are waiting that he be added ated. Without objection, the second-de- modified by the Harkin amendment? as a cosponsor. gree amendment is adopted. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The amendment (No. 2401) was agreed amendment has been modified. objection, it is so ordered. to. Mr. HUTCHINSON. Once again, this Mr. BROWNBACK. I suggest the ab- Several Senators addressed the is a good amendment. It was broadly sence of a quorum. Chair. supported in the House on a bipartisan Mr. LEVIN. Will the Senator with- Mr. LEVIN. Mr. President, the reason basis. I urge its adoption. hold? Mr. President, I ask unanimous for my concern about this amendment The PRESIDING OFFICER. Is there consent that the Senator from Okla- is reflected in the statement that was further debate on the amendment? homa be recognized for 5 minutes at sent to us by the administration. I very Mr. LEVIN. I again commend my this time and then the Senator from much support the purpose of this friend, the Senator from Arkansas, on California regain recognition. amendment. I think it is right on tar- this amendment. I think it is a good The PRESIDING OFFICER. Without get, and I commend the Senator from amendment. I ask unanimous consent I objection, it is so ordered. The Senator Arkansas for focusing on this problem. be listed as a cosponsor. from Oklahoma is recognized. But the statement of the administra- The PRESIDING OFFICER. Without Mr. INHOFE. Thank you, Mr. Presi- tion policy raises a concern that the objection, it is so ordered. dent. requirement to disclose publicly the If there be no further debate, the As chairman of the Readiness Sub- list of Chinese military companies op- question is on agreeing to the amend- committee, I want to make a couple of erating directly or indirectly in the ment. comments concerning the defense au- United States could implicate classi- The amendment (No. 2388), as modi- thorization bill of 1999 and how it af- fied information that needs to be pro- fied, was agreed to. fects readiness. tected in the interests of national secu- The PRESIDING OFFICER. The Sen- Over the past several years, a number rity, i.e., intelligence sources and ator from Virginia. of military officers have expressed deep methods. That is the basis for my con- Mr. WARNER. Mr. President, to ad- concerns regarding the trends in the cern, and therefore I will vote ‘‘no’’ on vise Senators, we will not have further operational readiness of the Armed a voice vote, and I ask unanimous con- votes prior to the hour of 5 o’clock. My Forces. Last year, these trends led one sent that this statement of administra- understanding is the Senator from military officer to state, ‘‘The storm tion policy be printed in the RECORD. Oklahoma has an amendment which he clouds are on the horizon.’’ There being no objection, the state- wishes to bring to the Senate. I am This was a year in which most of the ment was ordered to be printed in the hopeful we could accommodate a few Armed Forces were ready to meet their RECORD, as follows: more minutes of debate, which the Sen- wartime mission, but in order to do so May 14, 1998 CONGRESSIONAL RECORD — SENATE S4881 in a resource-constrained environment, I think most people realize it costs $6 and ranking member of the Armed they were forced to resort to cost-sav- million to put a guy into the cockpit of Services Committee to be reasonable. ing practices which could impact nega- an F–16, and yet our retention rate And, along with everyone else, I call on tively on our wartime readiness. right now has gone down 28 percent. In the Government and the contractors For example, the Marine Corps began the Mojave Desert, the National Train- supporting the program to do every- using retreaded tires. This had not ing Center in Twentynine Palms tells thing they can to ensure future suc- been done before. We have no way of us the troops they get in for advance cess. knowing how these will perform in the training are far below the level of pro- Let’s not forget, however, that we case of some type of a Persian Gulf or ficiency that they were 10 years ago. have test programs to find and solve Middle East desert-type of operation. Nellis Air Force Base where they have problems. We would move our weapons While the overall readiness of for- a red-flag operation, which is a very systems right from the drawing board ward deployed units remains adequate, good operation for training combat pi- to the field if we never expected to un- this is increasingly accomplished at lots, they now have dropped these oper- cover problems during testing. While the expense of nondeployed units. Ac- ations from every 12 months to 18 we would prefer there to be as few cording to Vice Admiral Browne, Com- months. This means they go down from problems as possible, test programs are mander of the Navy’s Third Fleet: six to four operations each year. conducted to wring these problems out ‘‘More today than in the past, forward What this means is, these pilots who of our weapons systems. We should not deployed readiness is being maintained would otherwise be going through the be too quick to overemphasize the re- with the slimmest of margins and at red-flag exercises getting this simu- sults of any one test. the expense of CONUS based training lated training that is actually for com- The level of scrutiny being applied to and increased individual PERS- bat are off providing missions, support- the Demonstration and Validation TEMPO.’’ ing areas like Bosnia. phase of the THAAD Program is higher He went on to say: ‘‘To get the U.S.S. I draw attention to the 21st TACON, than that applied to any other program Denver underway early as part of the because in this area, we have both of in its Dem-Val phase that I am aware Tarawa ARG amphibious readiness these problems occurring. The 21st of. In fact, the scrutiny it is under- group, two other ships were cannibal- TACON is using old equipment. Some going is more like that normally found ized for parts.’’ of the 915 trucks that they use have in the EMD phase of a program. This Furthermore, Colonel Bozarth of the over a million miles on them. I person- intense scrutiny will ultimately be Air Force’s 388th Operations Group ally saw that they are using for loading beneficial in helping us get this system stated: ‘‘The people that pay the price, docks old flatbeds that are wired to- fielded as soon as the technology is though, are the folks that are back gether. ready. Given the EMD-like scrutiny in home. Because if you take a wing like As far as the deployment is con- the THAAD Dem-Val program, Con- ours, 5 years ago, in 1993, we were look- cerned, we know there are serious prob- gress should examine the Department ing at full mission capable rates in the lems around the world. We know that of Defense plans for the structure and nineties. In the 1995–1997 timeframe, we Iraq is about to boil. We know we may length of its EMD program. It is impor- are looking at mission capable rates in have to send in ground troops, and yet tant for this program to be long the eighties. Now we are down into the they would have to be logistically sup- enough to ensure the THAAD system lower seventies.’’ ported by the 21st TACON. Right now ultimately produced is the right one, Unfortunately, there are reports that they are at 100 percent capacity just but not so long as to leave U.S. forces even the readiness of the forward de- supporting the Bosnia operation. vulnerable for a minute longer than ployed units is beginning to suffer. Ac- What we are dealing with in the de- technologically necessary. cording to naval officers in the Pacific, fense authorization bill for 1999 is a The need for missile defense doesn’t 20 percent of the deployed planes on budget that is not adequate and it does disappear because of a single flight the carriers are grounded awaiting not put us in the state of readiness we test. Given the results of the most re- spare parts and other maintenance, all should be in, but it is the very best we cent intercept attempt, it is reasonable the time cannibalization of the aircraft can do under the constraints that we to delay provision of THAAD EMD is taking place. It has gone up 15 per- are operating. funding beyond fiscal year 1999. Addi- cent over the past year. In fact, Admi- While it is inadequate, I do ask that tional reductions, however, are not ral Browne recently acknowledged our colleagues support the defense au- warranted. that, ‘‘Full mission capable rates from thorization bill for 1999. Mrs. HUTCHISON. Mr. President, I fiscal year 1996 to 1997 for our deployed Mr. COCHRAN. Mr. President, it is commend the Senator from Mississippi. aircraft have declined from 62 to 55 per- critically important that the United He has shown such leadership in bring- cent.’’ States be able to protect its troops in ing to our attention the importance of I am very much concerned about the field from ballistic missile attack, a missile defense system for this coun- this. Mr. President, I think this is due and this includes modern ballistic mis- try. We have all been shocked this to two problems that we have. One is siles of increasing range and sophis- week to hear what is happening across the deprived budget, insofar as our tication. To do that, we need both the globe with India actually testing a modernization program, which is lead- lower tier systems like the Patriot and nuclear weapon and starting an arms ing us to have to use older equipment, more capable, upper tier systems like race, tension that we haven’t seen in a and the other is the high deployment the Theater High Altitude Air Defense, long time. rate. or THAAD, and Navy Theater Wide. I can’t think of another country in It is interesting that since 1992, we It is disappointing that the THAAD the world that would be testing its own have had twice the number of deploy- system has not yet achieved a success- missile defense system out in the open ments that we had in the entire 10 ful intercept in its test program. Given as we are, the THAAD missile that my years before that. This is not for mis- the program’s history of lengthy delays colleague just talked about, but we did. sions that are affecting our Nation’s between flight tests, it is unlikely that Yes, it didn’t work. And, yes, we are all security. a sufficient number of tests can be con- disappointed and we are hoping that we I have had occasion to go to many, ducted in fiscal year 1999 to enable the can learn from what didn’t work on many, many installations throughout program to enter into the Engineering that test and perfect it. But that is America and around the world. I can and Manufacturing Development, or why we have tests of defensive sys- tell you right now, we have very seri- EMD, phase. Accordingly, I understand tems. ous problems. In Camp Lejeune, in the rationale for the amendment of- But I think what Senator COCHRAN talking to these guys down there—they fered today which would remove an ad- has done is, he is putting in context are tough marines, but their ditional $250 million from the THAAD how important it is that we put our OPTEMPO and PERSTEMPO rate, to Program. While I am disappointed that full force behind the priority of defend- the extent the divorce rate is up, the the program’s lack of progress has ing our shores and our troops, wherever retention rates are down. It is a very brought about this decision, I believe they may be, anywhere in the world, serious problem. the action proposed by the chairman against any incoming ballistic missile, S4882 CONGRESSIONAL RECORD — SENATE May 14, 1998 a Scud missile or an intercontinental United States Code, is amended by striking with unexploded BLU–26 cluster bomb missile. Senator COCHRAN is right. The out ‘‘on duty at a location’’ and all that fol- units. Another crash site excavation Senate had a very important vote yes- lows and inserting in lieu thereof ‘‘perform- was located next to sidewinder mis- terday, and by only one vote—by only ing duty in the United States or outside the siles. In addition, the teams are ex- one vote in the Senate, we were not United States that is designated by the Sec- retary of Defense as hardship duty.’’. posed to resistant strains of malaria, able to move and clearly say that this (b) REPEAL OF EXCEPTION FOR MEMBERS RE- dengue fever, and other diseases while country’s first priority is going to be a CEIVING CAREER SEA PAY.—Subsection (c) of they are deployed in these isolated and defensive system for the ballistic mis- such section is repealed. remote areas. Furthermore, most of siles that we know 30 countries are now (c) CONFORMING AMENDMENTS.—(1) Sub- these sites are far removed from any in the process of perfecting. sections (b) and (d) of such section are modern medical facility. So I commend him for the statement amended by striking out ‘‘hardship duty lo- Mr. President, I feel it not only the he just made, for the efforts he has cation pay’’ and inserting in lieu thereof right thing to do, but that it will help ‘‘hardship duty pay’’. been making over the last year, and for (2) Subsection (d) of such section is redes- the services to adequately compensate the future efforts that we are all going ignated as subsection (c). our men and women in uniform so as to to make to continue to press this very (3) The heading for such section is amended entice these young Americans to stay important issue. As we are debating by striking out ‘‘location’’. in the service and to consider a career the defense authorization bill for our (4) Section 907(d) of title 37, United States in the military. For the difficult and country, I can think of no higher prior- Code, is amended by striking out ‘‘duty at a hardship duty location’’ and inserting in lieu dangerous duties that they do, they de- ity than to make sure that the shores serve no less. of our country are protected against an thereof ‘‘hardship duty’’. (d) CLERICAL AMENDMENT.—The item relat- Mr. WARNER. Mr. President, I sug- incoming ballistic missile, whether it ing to section 305 in the table of sections at gest the absence of a quorum. be from a rogue nation or terrorist act. the beginning of chapter 5 of such title is The PRESIDING OFFICER. The That our people would know that we amended to read as follows: clerk will call the roll. would be protected is the very highest ‘‘305. Special pay: hardship duty pay.’’. The legislative clerk proceeded to priority. We are debating right now Mr. MCCAIN. Mr. President, this call the roll. how to fund and make sure that our amendment will give the Secretary of Mr. SPECTER. Mr. President, I ask troops have everything they need to do Defense authority to compensate our unanimous consent that the order for the job to protect us. They should have men and women in uniform that are the quorum call be rescinded. that same protection anywhere that serving in remote areas, in very dif- The PRESIDING OFFICER. Without they would be representing the United ficult situations. Specifically, this objection, it is so ordered. States of America. In any theater any- Mr. SPECTER. I ask unanimous con- amendment amends hardship duty lo- where in the world, we should be able sent that I may speak for up to 10 min- cation pay and allows the Secretary of to have a defense against an incoming utes as in morning business. ballistic missile. Defense to designate certain ‘‘duties’’ The PRESIDING OFFICER. The Sen- So I commend the Senator from Mis- as a hardship rather than limiting the ator is informed there is an order to sissippi, and I want to say we will not pay to hardship duty ‘‘locations’’ only. recognize the Senator from California. rest until we have won this issue, that This will allow for designation of cer- Is there objection to the request? we would be able to deploy right now tain missions like Joint Task Force Mr. THURMOND. No objection. our first priority, a defensive system Full Accounting (JTF–FA), the POW/ The PRESIDING OFFICER. Without for incoming ballistic missiles. MIA search teams, and the Central objection, it is so ordered. The PRESIDING OFFICER. The Sen- Identification Lab (CILHI) to be des- f ator from Mississippi. ignated for receipt of the hardship duty Mr. COCHRAN. Mr. President, I wish pay. These teams are exposed to the RELIGIOUS PERSECUTION to thank the distinguished Senator most arduous conditions while de- THROUGHOUT THE WORLD from Texas for her kind and generous ployed to remote, isolated areas of Mr. SPECTER. Mr. President, I have remarks. I agree with her that we need Laos, Cambodia, Vietnam, North Korea sought recognition to compliment the to do everything we can to study the and China to conduct excavations of House of Representatives on passage of test results, translate that into solving crash sites and identification of re- legislation this afternoon to take a the problems we have in these systems mains of U.S. servicemembers. stand against religious persecution for theater weapons that we have to This amendment also allows the Sec- worldwide. protect our troops that are already retary to recognize members serving in And, I compliment Congressman being programmed—there are already high operation tempo missions and FRANK WOLF of Virginia for his leader- deployment decisions that have been eliminates the restriction on members ship on this very important legislation. made, even though we haven’t com- receiving sea pay and hardship duty Legislation is pending in the U.S. pleted the development and the testing pay simultaneously. This would allow Senate identical with or very similar phase. naval members who are serving in high to the legislation passed in the House— I hope we can see some successful operations tempo units to receive the I am not sure what amendments may tests soon and we urge the contractors added benefit. The hardship duty pay have been crafted on the House floor and the Department to work as hard as limit of $300 per month would not be this afternoon and what last-minute they can to see that is done. changed. changes may have been made—but AMENDMENT NO. 2410 I commend my friends of the Veter- similar legislation has been introduced (Purpose: To provide eligibility for hardship ans of Foreign Wars (VFW) for bringing by this Senator in the U.S. Senate. And duty pay on the basis of the nature of the this to my attention. Their concern for the purpose of this legislation is for the duty performed instead of the location of the state of the military and those that United States to take a stand against the duty, and to repeal an exception) serve is unsurpassed. During a recent religious persecution worldwide. Mr. KEMPTHORNE. Mr. President, I trip to Southeast Asia, the VFW We have a very unfortunate situation ask unanimous consent that it be in learned that personnel deployed under today where Catholic priests are being order for the Senate to consider the command of JTF–FA are not au- incarcerated in China, Buddhists are amendment No. 2410; that the amend- thorized and do not receive imminent being persecuted in Tibet, and Evan- ment be agreed to; and that the motion danger pay when deployed on Joint gelical Christians are being imprisoned to reconsider be laid upon the table. in Saudi Arabia and in Egypt. The es- The PRESIDING OFFICER. Without Field Activity operations in Laos and sence of freedom of religion is a very objection, it is so ordered. Vietnam. They reported their concerns The amendment (No. 2410) was agreed to me because many of the crash sites fundamental value in the United States to, as follows: were in extremely difficult terrain, lit- and a very fundamental moral value. And, the legislation which passed the At the end of subtitle B of title VI, add the tered by unexploded munitions. following: At one Joint Field Activity exca- House today and which is pending in SEC. 620. HARDSHIP DUTY PAY. vation site that they visited in western the Senate will enable the U.S. Govern- (a) DUTY FOR WHICH PAY AUTHORIZED.— Laos, the area in which the team was ment to take a stand against this reli- Subsection (a) of section 305 of title 37, conducting excavations was littered gious persecution worldwide. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4883 Freedom of religion is the first part The legislative clerk proceeded to The PRESIDING OFFICER. The of the first amendment. The United call the roll. question is on agreeing to the motion. States was founded for religious free- Mr. THURMOND. Mr. President, I The motion was agreed to, and at 5:07 dom. The Pilgrims came here in 1607 ask unanimous consent that the order p.m., on Thursday, May 14, 1998, the for that purpose, as did my father for the quorum call be rescinded. Senate adjourned until 5:08 p.m. the Harry Specter, who literally walked The PRESIDING OFFICER. Without same day. across Europe with barely a ruble in objection, it is so ordered. f his pocket in 1911 seeking a new life for f himself and a family which he hoped to AFTER ADJOURNMENT have, and religious freedom, because PRIVILEGE OF THE FLOOR The Senate met at 5:08 p.m., pursuant the Cossacks rode up and down the Mr. THURMOND. Mr. President, I to adjournment, and was called to streets of Batchkurina, a small village ask unanimous consent that James order by the Hon. DAN COATS, a Sen- in Ukraine, in Russia, where my fa- Bynum, a Capitol Hill fellow, and Kurt ator from the State of Indiana. ther’s brother, Mordechai Spectorski, Volker, a State Department fellow The PRESIDING OFFICER. The ma- had fought with the Cossacks, and they serving on Senator MCCAIN’s staff, be jority leader is recognized. were looking for Mordechai Spectorski, granted privileges of the floor during f who had fled the city. And, the Cos- the debate and any votes concerning S. ORDER OF PROCEDURE sacks continued to look for members of 2057, the fiscal year 1999 National De- Mr. LOTT. I now ask that the routine the Specter family. My father immi- fense Authorization bill, as well as any requests through the morning hour be grated to the United States, as did my related amendments. granted. mother Lillie Shanin, leaving a small The PRESIDING OFFICER. Without town on the Russian-Polish border at The PRESIDING OFFICER. Is there objection, it is so ordered. the age of 5, coming to the United objection? Without objection, it is so Mr. THURMOND. Mr. President, I States in 1905. ordered. suggest the absence of a quorum. The legislation which has passed the f House of Representatives has some The PRESIDING OFFICER. The sanctions in it. It provides that there clerk will call the roll. UNIVERSAL TOBACCO SETTLE- be no weapons of torture sold, and pro- The legislative clerk proceeded to MENT ACT—MOTION TO PROCEED call the roll. vides limitations as to what U.S. tax- CLOTURE MOTION Mr. INHOFE. Mr. President, I ask payer money can be given for, other Mr. LOTT. Mr. President, I now move unanimous consent that the order for than humanitarian purposes. And, it to proceed to Calendar No. 370, S. 1415, the quorum call be rescinded. seems to me that if the legislation is to and send a cloture motion to the desk. The PRESIDING OFFICER. Without have any effect, there have to be sanc- The PRESIDING OFFICER. The objection, it is so ordered. tions, there have to be weapons in the clerk will read the motion. Mr. INHOFE. Mr. President, what is bill—teeth—in order to promote com- The assistant legislative clerk read the current order? pliance. as follows: I visited this past January in Saudi The PRESIDING OFFICER. The cur- CLOTURE MOTION Arabia and talked to Saudi officials rent order is the Brownback amend- We, the undersigned Senators, in accord- about concerns which I have and which ment, No. 2407, to the Feinstein amend- ment, No. 2405. ance with the provisions of rule XXII of the others have had where Christians can- Standing Rules of the Senate, do hereby not display a Christmas tree in a win- Mr. INHOFE. Mr. President, I ask move to bring to a close debate on the mo- dow if it is visible from the outside, unanimous consent that be set aside tion to proceed to calendar No. 370, S. 1415, where Jewish soldiers are reluctant to and that I be allowed to send an regarding tobacco reform: wear their dog tags identifying them- amendment to the desk. Trent Lott, John McCain, Ben selves as being Jewish, a situation Mr. LEVIN. Mr. President, I object. Nighthorse Campbell, James Inhofe, which is intolerable, where we have The PRESIDING OFFICER. Objec- Christopher Bond, Gordon Smith, Rob- some 5,000 young men and women who tion is heard. ert Bennett, Harry Reid, Ted Stevens, Mr. LEVIN. Mr. President, I note the Richard Shelby, Mike DeWine, Susan are in Saudi Arabia to protect the Collins, Slade Gorton, Jay Rockefeller, Saudis. absence of a quorum. John Kerry, Christopher Dodd. The situation in Egypt is very seri- The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I want to ous where there are Evangelical Chris- clerk will call the roll. announce, for the information of all tians who are being persecuted, where The assistant legislative clerk pro- Senators, that the vote will occur on they land in jail if there is a conversion ceeded to call the roll. this cloture motion Monday, May 18, at from Islam to Christianity. I was un- Mr. LOTT. Mr. President, I ask unan- a time to be determined by the major- able to visit the Sudan because of dif- imous consent that the order for the ity leader after consultation with the ficulties there, but visiting in nearby quorum call be rescinded. Democratic leader, and the mandatory Eritrea, I heard stories about the per- The PRESIDING OFFICER (Mr. quorum under rule XXII be waived. secution of Christians in Sudan. COATS). Without objection, it is so or- It is anticipated this vote will occur It is my hope that this legislation dered. at 5:30 Monday afternoon. We have, in will be considered by the Senate in f short order so that a firm stand will be the past, over the past month, tried to make Senators aware of Mondays and taken to deal with the very serious UNANIMOUS CONSENT REQUEST— Fridays, that we would not be having issue of religious persecution world- S. 1415 votes. This Friday we will not be hav- wide. Mr. LOTT. Mr. President, I ask unan- Again, I compliment the House and ing any votes. We notified the Members imous consent that the Senate now chief sponsor, FRANK WOLF, and look of that, I think at least 3 weeks ago. proceed to Calendar No. 370, which is S. forward to enactment of this legisla- But we have been saying all along on 1415, the tobacco bill, just reported tion in the Senate. The bill passed by a Monday, the 18th, they should expect a from the Finance Committee. vote of 375–41, which is well beyond the vote. But we will try to have it late in The PRESIDING OFFICER. Is there number necessary to be veto proof. The the afternoon, so we could conduct administration has been opposed to objection? some business during the morning and having sanctions in legislation, sanc- Mr. ASHCROFT. I object. afternoon, so Senators will have time tions such as some of the ones proposed The PRESIDING OFFICER. Objec- to get back here from their respective in the bill which I have offered and is tion is heard. States. We do expect that vote prob- pending in the U.S. Senate. f ably around 5:30, but we want to check I yield the floor and suggest the ab- with all the Senators to see if that is sence of a quorum. ADJOURNMENT the best possible time. We may need to The PRESIDING OFFICER. The Mr. LOTT. I now move that the Sen- move it a little bit one way or the clerk will call the roll. ate stand in adjournment for 1 minute. other. S4884 CONGRESSIONAL RECORD — SENATE May 14, 1998 Mr. LOTT. I now withdraw the mo- Mr. ASHCROFT. Mr. President, I marketplace for copyrighted works. It tion I made. suggest the absence of a quorum. will facilitate making available quick- The PRESIDING OFFICER. The mo- The PRESIDING OFFICER. The ly and conveniently via the Internet tion is withdrawn. clerk will call the roll. the movies, music, software, and lit- f The assistant legislative clerk pro- erary works that are the fruit of Amer- ceeded to call the roll. ican creative genius. It will also en- DIGITAL MILLENNIUM COPYRIGHT Mr. HATCH. Mr. President, I ask courage the continued growth of the ACT OF 1998 unanimous consent that the order for existing off-line global marketplace for Mr. LOTT. Mr. President, I ask the the quorum call be rescinded. copyrighted works in digital format by Senate turn to Calendar No. 358, S. The PRESIDING OFFICER. Without setting strong international copyright 2037, regarding the WIPO treaty, which objection, it is so ordered. standards. is the treaty dealing with digital copy- Mr. HATCH. I would like to yield to The copyright industries are one of right. the distinguished Senator from Arizona America’s largest and fastest growing The PRESIDING OFFICER. Under for an amendment that he has to take economic assets. According to Inter- the previous order, the clerk will re- care of. national Intellectual Property Alliance port. Mr. MCCAIN. Mr. President, I ask statistics, in 1996 (when the last full set The assistant legislative clerk read unanimous consent to send to the desk of figures was available), the U.S. cre- as follows: an amendment that is on the DOD bill. ative industries accounted for 3.65% of A bill (S. 2037) to amend title 17, United The PRESIDING OFFICER. The Pre- the U.S. gross domestic product States Code, to implement the WIPO Copy- siding Officer will advise the Senator (GDP)—$278.4 billion. In the last 20 right Treaty and the WIPO Performances the DOD bill is not the pending busi- years in which comprehensive statis- and Phonograms Treaty, to provide limita- ness. tics are available—1977–1996—the U.S. tions on copyright liability relating to mate- Mr. MCCAIN. Can I, by unanimous copyright industries’ share of GDP rial online, and for other purposes. consent, send up that amendment? grew more than twice as fast as the re- The Senate proceeded to consider the Mr. LEVIN. I object. Reserving the mainder of the economy—5.5 percent bill. right to object. versus 2.6 percent. Mr. LOTT. Mr. President, the Senate Mr. MCCAIN. It is an amendment Between 1997 and 1996, employment is now considering the WIPO Copyright that has been accepted by both sides. in the U.S. copyright industries more Treaty which has up to 1 hour under Mr. LEVIN. On the DOD bill? I have than doubled to 3.5 million workers— the consent agreement that was to object. There are too many pending 2.8 percent of total U.S. employment. reached on May 12. Therefore, the next amendments. I am sorry, if the Senator Between 1977 and 1996 U.S. copyright vote will occur shortly—hopefully in can clear that—— industry employment grew nearly less than an hour—on passage of the The PRESIDING OFFICER. Objec- three times as fast as the annual rate WIPO copyright bill, and that will be tion is heard. The Senator from Utah. of the economy as a whole—4.6 percent the last vote of the day. Mr. HATCH. Mr. President, I ask this versus 1.6 percent. In fact, the copy- I know there are some Senators here time not be charged. right industries contribute more to the who have worked on this issue who do The PRESIDING OFFICER. The U.S. economy and employ more work- want to be heard briefly—the Senator amendments are submitted and will be ers than any single manufacturing sec- from Missouri, and, of course, the Sen- numbered. The Senator from Utah. tor, including chemicals, industrial ator from Utah has been working on Mr. HATCH. I ask that time not be equipment, electronics, food process- this assiduously. We had a little prob- charged to the present act. ing, textiles and apparel, and aircraft. lem we ran into yesterday, but we are The PRESIDING OFFICER. Without More significantly for the WIPO trea- going forward with this and we will try objection, it is so ordered. ties, in 1996 U.S. copyright industries to work it out with the House, and I Mr. HATCH. Mr. President, I rise to achieved foreign sales and exports of will certainly try to be helpful with speak in support of the Digital Millen- $60.18 billion, for the first time leading that. nium Copyright Act of 1998, S. 2037. The all major industry sectors, including This is important legislation. A lot of DMCA is the most comprehensive bill agriculture, automobiles and auto effort has been put into it. Some of the that has come before the Senate re- parts, and the aircraft industry. There problems have been resolved, thanks to garding the Internet and the digital can be no doubt that copyright is of su- the courtesy and leadership of Senator world in general. preme importance to the American HATCH, working with Senator The DMCA in Title I implements the economy. Yet, American companies are ASHCROFT. So I think we need to go World Intellectual Property (WIPO) losing $18 to $20 billion annually due to ahead and do it today and we will have treaties on copyright and on perform- the international piracy of copyrighted had, really, an incredible week on these ers and phonograms, and in Title II works. high-tech bills. limits the copyright infringement li- But the potential of the Internet, Again, the next vote will occur on ability of on-line and Internet service both as information highway and mar- Monday—there will be no further votes providers (OSPs and ISPs) under cer- ketplace, depends on its speed and ca- after the WIPO vote tonight—and I will tain circumstances. The DMCA also pacity. Without clarification of their notify all Members as to the time of provides in Title III a minor but impor- liability, service providers may hesi- that vote. tant clarification of copyright law that tate to make the necessary investment With regard to the DOD authoriza- the lawful owner or lessee of a com- to fulfill that potential. In the ordi- tion matter, I will be talking with the puter may authorize someone to turn nary course of their operations service managers of this legislation to see on their computer for the purposes of providers must engage in all kinds of what their wishes are, and we will have maintenance or repair. Title IV ad- acts that expose them to potential some further announcements of when dresses the issues of ephemeral record- copyright infringement liability. that legislation will be brought up ings, distance education, and digital For example, service providers must again. preservation for libraries and archives. make innumerable electronic copies in I yield the floor. Due to the ease with which digital order simply to transmit information The PRESIDING OFFICER. Under works can be copied and distributed over the Internet. Certain electronic the previous order, the time allocated worldwide virtually instantaneously, copies are made to speed up the deliv- for this debate is 60 minutes, equally copyright owners will hesitate to make ery of information to users. Other elec- divided and controlled between the their works readily available on the tronic copies are made in order to host Senator from Utah, Mr. HATCH, and the Internet without reasonable assurance World Wide Web sites. Many service Senator from Vermont, Mr. LEAHY, that they will be protected against providers engage in directing users to with 15 minutes of the time of Mr. massive piracy. Legislation imple- sites in response to inquiries by users HATCH controlled by the Senator from menting the treaties provides this pro- or they volunteer sites that users may Missouri, Mr. ASHCROFT. tection and creates the legal platform find attractive. Some of these sites The Senate will be in order. for launching the global digital on-line might contain infringing material. In May 14, 1998 CONGRESSIONAL RECORD — SENATE S4885 short, by limiting the liability of serv- phone companies, long distance car- On page 17, beginning on line 21, strike ice providers, the DMCA ensures that riers, and other OSPs and ISPs. It is paragraph (3) and insert in lieu thereof the the efficiency of the Internet will con- also supported by the Information following: ‘‘(3) distribute, import for distribution, or tinue to improve and that the variety Technology Industry Council, which in- publicly perform works, copies of works, or and quality of services on the Internet cludes the leading computer hardware phonorecords, knowing that copyright man- will continue to expand. manufacturers, and by representatives agement information has been removed or Besides the major copyright owners of individual creators, such as the altered without authority of the copyright and the major OPSs and ISPs (e.g., the Writers Guild, the Directors Guild, the owner or the law, local telephone companies, the long Screen Actors Guild, and the American knowing, or, with respect to civil remedies distance carriers, America OnLine, Federation of Television and Radio under section 1203, having reasonable etc.), the Committee heard from rep- Artists. The breadth of support for S. grounds to know, that it will induce, enable, resentatives of individual copyright 2037 is reflected in the unanimous roll facilitate or conceal an infringement of any owners and small ISPs, from represent- call vote (18–0) by which the DMCA was right under this title.’’. On page 19, line 4, insert the following new atives of libraries, archives and edu- reported out of Committee. paragraph and redesignate the succeeding cational institutions, from representa- Mr. President, the United States paragraphs accordingly: tives of broadcasters, computer hard- started the Internet, and remains its ‘‘(6) terms and conditions for use of the ware manufacturers, and consumers— most significant hub. No country work;’’. and this is not an exhaustive list. comes close to the United States in On page 19, line 4, strike ‘‘of’’ and insert in Title II, for example, reflects 3 creative output. In these areas, we are lieu thereof ‘‘or’’. months of negotiations between the the undisputed leaders. This bill will Mr. HATCH. This is a technical major copyright owners and the major help us maintain this edge in an in- amendment, and I urge its adoption. OSPs, and ISPs, which I encouraged creasingly competitive global market. The PRESIDING OFFICER. If there and in which I participated, and which Mr. President, I urge my colleagues is no objection, the amendment is took place with the assistance of Sen- in the Senate to vote favorably for S. agreed to. ator ASHCROFT. Intense discussions 2037. This bill has such important rami- The amendment (No. 2411) was agreed took place on distance education too, fications for the continued prosperity to. with the participation of representa- of the U.S. as we enter the next millen- Mr. HATCH. I yield the floor. tives of libraries, teachers, and edu- nium and has such powerful support Mr. LEAHY addressed the Chair. cational institutions, and with the as- that it should be enacted immediately. The PRESIDING OFFICER. The Sen- sistance of Senator LEAHY, Senator Finally, I would like to particularly ator from Vermont. ASHCROFT, and the Copyright Office. pay tribute to the ranking member of Mr. LEAHY. Mr. President, I thank As a result, the Committee took sub- the Senate Judiciary Committee, Sen- my friend from Utah for his gracious stantial steps to refine the discussion ator LEAHY. I don’t know of anyone comments, and I do appreciate working draft that I laid down before the Com- who has more interest in the Internet, with him on this matter. He and I have mittee through a series of amend- more interest in computers, more in- discussed this so many times in walk- ments, each of which was adopted terest in copyright matters than Sen- ing back and forth to votes and in the unanimously. For example, the current ator LEAHY, unless it is myself, and I committee room, and so on. I think the legislation contains: don’t think I have more. He has done a Senator from Utah and I long ago de- (1) a provision to ensure that parents great job on this committee. It is a termined that if we were going to have will be able to protect their children pleasure to work with him. this WIPO implementing bill passed, from pornography and other inappro- It has been a wonderful experience its best chance would be one where the priate material on the Internet; throughout the 22 years I have been on Senator from Utah and the Senator (2) provisions to provide for the up- the committee to work with him on from Vermont were basically holding dating of the copyright laws so that technical and difficult issues. I person- hands on it. educators, libraries, and achieves will ally thank him before everybody today The Senator from Utah may recall a be able to take full advantage of the for his good work. Without his help, we time once when the then-Senator from promise of digital technology; wouldn’t be this far, and we all know Nevada, Senator Laxalt, and I were (3) important procedural protections it. I thank him. I would also like to here and we had two pieces of legisla- for individual Internet users to ensure thank Manus Cooney, Edward Damich, tion, a Laxalt-Leahy bill and a Leahy- that they will not be mistakenly de- Troy Dow, and Virginia Isaacson of my Laxalt bill. One of our colleagues said, nied access to the World Wide Web; staff for their long hours of hard work ‘‘This is either a very good bill or one (4) provisions to ensure that the cur- on this issue. And I want to commend of you didn’t read.’’ rent practice of legitimate reverse en- the hard work and cooperation I re- In this case, the Hatch-Leahy-et al. gineering for software interoperability ceived from Bruce Cohen, Beryl How- piece of legislation is a very good bill, may continue; and ell, and Marla Grossman of Senator and one which the two of us have read (5) provisions to accommodate the LEAHY’s staff, and Paul Clement, and every word. We have tried to make needs of broadcasters for ephemeral re- Bartlett Cleland of Senator ASHCROFT’s very clear to the Senate that the issues cordings and regarding copyright man- staff. we are raising in this bill are not par- agement information. AMENDMENT NO. 2411 tisan issues. These are issues that cre- These provisions are in addition to (Purpose: To make technical corrections) ate jobs in the United States. These are provisions I had already incorporated Mr. HATCH. Mr. President, I send an issues that allow the United States to into my discussion draft, such as provi- amendment to the desk and ask for its go into the next century with our inno- sions on library browsing, provisions immediate consideration. vative genius in place. These are issues addressing the special needs of individ- The PRESIDING OFFICER. The that allow the United States, in creat- ual creators regarding copyright man- clerk will report. ing that innovative genius, to continue agement information, and provisions The assistant legislative clerk read to lead the world. Senators, in voting exempting nonprofit archives, non- as follows: for this legislation, will be voting to profit educational institutions, and The Senator from Utah [Mr. HATCH] pro- maintain the intellectual leadership of nonprofit libraries from criminal pen- poses an amendment numbered 2411. the United States. alties and, in the case of civil pen- The amendment is as follows: The successful adoption by the World alties, remitting damages entirely On page 12, line 15 strike subsection (c) and Intellectual Property Organization, when such an institution was not redesignate the succeeding subsections and what we call WIPO, in December 1996, aware and had no reason to believe references thereto accordingly. of two new copyright treaties—one on that its acts constituted a violation. On page 17, line 4, insert ‘‘and with the in- written material and one on sound re- Consequently, the DMCA enjoys tent to induce, enable, facilitate or conceal cordings—was praised in the United infringement’’ after ‘‘knowingly’’ widespread support from the motion On page 17, beginning on line 8, strike ‘‘, States. The bill that we have before us picture, recording, software, and pub- with the intent to induce, enable, facilitate today, the DMCA, the Digital Millen- lishing industries, as well as the tele- or conceal infringement’’ nium Copyright Act, will effectuate the S4886 CONGRESSIONAL RECORD — SENATE May 14, 1998 purposes of those treaties in the United nationally to ensure that the appro- nesses, ISPs and OSPs, telephone com- States and, I believe, will serve as a priate copyright protections are in panies, computer users, broadcasters, model for the rest of the world. place around the world to foster the content providers, and device manufac- The WIPO treaties will fortify intel- growth of the Internet and other digi- turers, we in the Senate Judiciary lectual property rights around the tal media and networks. Committee were able to reach unani- world. They will help unleash the full The Clinton administration showed mous agreement. potential of America’s most creative great foresight when it formed, in 1993, For example, significant provisions industries, including the movie, record- the Information Infrastructure Task were added to the bill in Title II to ing, computer software, and other Force, IITF, which established a Work- clarify the liability for copyright in- copyrighted industries that are subject ing Group on Intellectual Property fringement of online and Internet serv- to online and other forms of piracy, es- Rights to examine and recommend ice providers. The bill provides ‘‘safe pecially in the digital age where it is changes to keep copyright law current harbors’’ from liability under clearly easier to pirate and steal exact copies with new technology. Then they re- defined circumstances, which both en- of works. leased a report in 1995 explaining the courage responsible behavior and pro- If they don’t have the protection, the importance of this effort, stating: tect important intellectual property owners of intellectual property are The full potential of the NII will not be re- rights. In addition, during the commit- going to be unwilling to put their ma- alized if the education, information and en- tee’s consideration of this bill, an terial online. If there is no content tertainment products protected by intellec- Ashcroft-Leahy-Hatch amendment was worth reading online, then the growth tual property laws are not protected. .. adopted to ensure that computer users and usefulness of the Internet will be The report said further: are given reasonable notice when their stifled and public accessibility will be All the computers, telephones, fax ma- Web sites are the subject of infringe- retarded. chines, scanners, cameras, keyboards, tele- Secretary Daley of the Department visions, monitors, printers, switches, rout- ment complaints, and to provide proce- of Commerce said, for the most part, ers, wires, cables, networks, and satellites in dures for computer users to have mate- ‘‘The treaties largely incorporate intel- the world will not create a successful NII, if rial that is mistakenly taken down put there is no content. What will drive the NII back online. lectual property norms that are al- is the content moving through it. ready part of U.S. law.’’ What the trea- We have a number of provisions de- The same year that report was ties will do is give American owners of signed to help libraries and archives. issued, Senator HATCH and I joined to- copyrighted material an important First, libraries expressed concerns gether to introduce the NII Copyright tool to protect their intellectual prop- about the possibility of criminal sanc- Protection Act of 1995, S. 1284, which erty in those countries that become a tions or potentially ruinous monetary incorporated the recommendations of party to the treaties. liability for actions taken in good With ever-expanding electronic com- the Administration. That legislative faith. This bill makes sure that librar- merce, trafficking the global super- proposal confronted fundamental ques- ies acting in good faith can never be highway, international copyright tions about the role of copyright in the subject to fines or civil damages. Spe- standards are critical to protecting next century—many of which are cifically, a library is exempt from mon- American firms and American jobs. echoed by the DMCA, which we con- etary liability in a civil suit if it was The future growth of the Internet and sider today. not aware and had no reason to believe Title I of the DMCA is based on the of digital media requires rigorous that its acts constituted a violation. In Administration’s recommendations for international intellectual property addition, libraries are completely ex- legislation to implement the two WIPO protections. empt from the criminal provisions. I have in my hand the 1998 Report on treaties. It makes certain technical changes to conform our copyright laws We have a ‘‘browsing’’ exception for Copyright Industries in the United libraries so they can look at encrypted States Economy. This was released last to the treaties and substantive amend- ments to comply with two new treaty work and decide whether or not they week by the International Intellectual want to purchase it for their library. Property Alliance. obligations. This report shows conclusively just Specifically, the treaties oblige the Senator HATCH, Senator ASHCROFT, how important the U.S. copyright in- signatories to provide legal protections and I crafted an amendment to provide dustries are to American jobs and how against circumvention of technological for the preservation of digital works by important it is to protect that U.S. measures used by copyright owners to qualified libraries and archives. The copyright industry from global piracy. protect their works, and against viola- ability of libraries to preserve legible If you look at the chart over here, tions of the integrity of copyright copies of works in digital form is one I Mr. President, it shows that from the management information (CMI). Such consider critical. Under present law, li- years 1977 to 1996, the U.S. copyright information is used to identify a work, braries are permitted to make a single industries’ share of the gross national its author, the copyright owner and facsimile copy for their collections for product grew more than twice as fast any information about the terms and preservation purposes, or to replace as the rest of the economy. conditions of use of the work. The bill copies in case of fire and so on. That These are the core copyright indus- adds a new chapter to U.S. copyright worked back in the nondigital age. It tries. Look how fast they grew as com- law to implement the anticircum- does not work today. This gives us a pared to the rest of the U.S. economy. vention and CMI provisions, along with chance to be up to date. We would One of the things that has expanded corresponding civil and criminal pen- allow libraries to transfer a work from and fueled our expanding economy is alties. one digital format to another if the the copyright industry. Title II of the DMCA limits the li- equipment needed to read the earlier Now, during those same 20 years, job ability for copyright infringement, format becomes unavailable commer- growth in the core copyright industries under certain conditions, for Internet cially. was nearly three times as fast as the and online service providers. Title III rest of the economy. What this shows The bill ensures that libraries’ col- gives a Copyright Act exemption to lections will continue to be available us, Mr. President, is that we are under- lawful computer owners or lessees so going unprecedented expansion of our to future generations by permitting li- that independent technicians may serv- braries to make up to three copies in economy, but this is the area expand- ice the machines without infringement ing the fastest. any format—including in digital form. liability. This was one of the proposals in The These statistics underscore why, Title IV begins a process of updating National Information Infrastructure when the President transmitted the our Nation’s copyright laws with re- (NII) Copyright Protection Act of 1995, two WIPO treaties and draft legislation spect to library archives, and edu- which I sponsored with Senator HATCH to implement the treaties to the U.S. cational uses of copyrighted works in in the last Congress. The Register of Senate, I was proud to introduce the the digital age. implementing legislation, S. 1121, with Title I is based on the administra- Copyrights, among others, has sup- Senators HATCH, THOMPSON, and KOHL. tion’s recommendations, as I said. ported that proposal. We did it the same day. The legislation Following intensive discussions with These provisions go a long way to- we have before us today is the result of a number of interested parties, includ- ward meeting the concerns that librar- years of work domestically and inter- ing libraries, universities, small busi- ies have expressed about the original May 14, 1998 CONGRESSIONAL RECORD — SENATE S4887 implementing legislation we intro- Amendments sponsored by Senator on my committee working on this bill duced. ASHCROFT, Senator HATCH, and I were than I do toward Senator ASHCROFT. I We address distance learning. When crafted to address the question of re- just wanted to say he played a signifi- Congress enacted the present copyright verse engineering, ephemeral record- cant role in this legislation. I person- law it recognized the potential of ings, and to clarify the use of copyright ally thank him. broadcast and cable technology to sup- management. I yield the floor. plement classroom teaching, and to Finally, to assuage the concerns of Mr. ASHCROFT addressed the Chair. bring the classroom to those who, be- the consumer, electronics manufactur- The PRESIDING OFFICER. Under cause of their disabilities or other spe- ers, and others, that the bill might re- the previous order, the Senator from cial circumstances, are unable to at- quire them to design their products to Missouri is recognized to speak for 15 tend classes. At the same time, Con- respond to a particular technological minutes. gress also recognized the potential for protection measure, Senator HATCH, Mr. ASHCROFT. Thank you, Mr. unauthorized transmissions of works to Senator ASHCROFT, and I crafted an President. harm the markets for educational uses amendment to clarify the bill on this I am grateful for the kind remarks of of copyrighted materials. The present issue. the Senator from Utah and am pleased Copyright Act strikes a careful balance I mention all of these things, Mr. to have the opportunity to work with and includes a narrowly crafted exemp- President, because it shows why the him and the Senator from Vermont. tion. administration has sent a Statement of I rise today to speak in favor of one As with so many areas of copyright Administration policy saying the Ad- of the most important pieces of tech- law, the advent of digital technology ministration supports passage of this nology legislation in the 105th Con- requires us to take another look at the bill. This is a well-balanced package of gress. At its heart, this legislation is issue. proposals. As we go into the next cen- about updating the copyright laws for I recognize that the issue of distance tury—the creators, the consumers, the digital age and preparing a sizable learning has been under consideration those in commerce in this country need portion of our economy for the next for the past several years by the Con- the best laws possible. The United century. ference on Fair Use (CONFU) that was States is the leader today. The United The affected parties include the on- established by the Administration to States will not be the leader tomorrow line service providers, computer hard- consider how to protect fair use in the without adequate laws. ware and software manufacturers; digital environment. In spite of the These laws allow the United States every educator in America is affected hard work of the participants, CONFU to continue to be the electronic and in- by this legislation; every student; all has so far been unable to forge a com- tellectual property leader of the world. the libraries; all the consumer elec- prehensive agreement on guidelines for We should pass this bill. We can pass it tronics manufacturers and consumers the application of fair use to digital with pride. of electronics; the motion picture com- distance learning. I would like to close by praising the panies, and everyone who uses the We made tremendous strides in the dedicated staff members from the Judi- Internet. This measure will have as Committee to chart the appropriate broad an impact on the American pub- course for updating the Copyright Act ciary Committee who have assisted us to permit the use of copyrighted works in crafting this legislation. They appre- lic as virtually any measure we will ad- in valid distance learning activities. ciate the significance of this legisla- dress. The full Senate’s consideration of Senator HATCH, Senator ASHCROFT, tion for our country and its economy. and I joined together to ask the Copy- In particular, I want to thank Edward this bill culminates an effort of updat- right Office to facilitate discussions Damich and Troy Dow from the Chair- ing our copyright law that I began last among interested library and edu- man’s staff, and Paul Clement and September when I introduced S. 1146, cational groups and content providers Bartlett Cleland from Senator the Digital Copyright Clarification and with a view toward making rec- ASHCROFT’s staff, for demonstrating Technology Education Act. S. 1146 was ommendations for us to consider with what can be done when we put political a comprehensive bill designed to jump- this legislation. We incorporated into party allegiances aside and strive to start a process that had ground to a the DMCA a new section 122 requiring work together in a bipartisan fashion halt and appeared to be going nowhere. the Copyright Office to make broader to craft the best bill possible. My hope The bill addresses three basic prob- recommendations to Congress on digi- is that the bipartisan manner in which lems. First, the liability of online serv- tal distance education within six they worked on behalf of the Chairman ice providers for copyright violations; months. Upon receiving the Copyright and Senator ASHCROFT to bridge dif- second, the need to update the provi- Office’s recommendations, it is my ferences rather than exacerbate them sions of the copyright law that affect hope that the Senate Judiciary Com- can be replicated on a number of other educators and libraries for the digital mittee will promptly commence hear- important issues pending in our Com- age; and third—and not least, of ings on the issue and move expedi- mittee. course—the need to implement the tiously to enact further legislation on I would also like to thank those peo- World Intellectual Property Organiza- the matter. I know that all members ple on my Judiciary Committee staff— tion, or WIPO, treaties. on this Committee are as anxious as I Bruce Cohen, Beryl Howell, Marla The United States of America, as the am to complete the process that we Grossman, Bill Bright and Mike generator of so much content and ma- started in Committee of updating the Carrasco—for their work on this bill. terial—the innovator, the creator of so Copyright Act to permit the appro- They each put in long hours to help me much of what is copywritten—stands priate use of copyrighted works in find solutions to the concerns of a to gain most by making sure that our valid distance learning activities. This number of stakeholders in this bill. I copyrights are respected worldwide. step should be viewed as a beginning— could always trust their counsel to be I am gratified that today the full and we are committed to making more fair and conscientious. Senate will vote on this bill that ad- progress as quickly as possible. Mr. President, I reserve the remain- dresses all three of these concerns, es- We have also asked the Copyright Of- der of my time. pecially the concerns regarding the fice to examine, in a comprehensive Mr. HATCH. Mr. President, let me need to implement the World Intellec- fashion, when the actions of a univer- just praise my colleague from Mis- tual Property Organization treaties sity’s employees might jeopardize the souri. Senator ASHCROFT has been com- which will provide that the United university’s eligibility for the safe har- mitted and has worked very, very hard States effort to protect copyrights— bors set out in the bill for online serv- to make this bill one that all of us can the intellectual property of those who ice providers. This is an important and support. He has done a terrific job. He are the creators in this country and de- complex issue with implications for has worked on this OSP liability thing velop things in this country—those other online service providers, includ- with us ad infinitum and added matters treaties will protect those copyrights. ing libraries and archives, and I look to this bill that made this a much bet- The original administration language forward to reviewing the Copyright Of- ter bill and strengthened the bill. I just that was introduced by Senators HATCH fice’s analysis of this issue. could not feel better about somebody and LEAHY focused exclusively on the S4888 CONGRESSIONAL RECORD — SENATE May 14, 1998 WIPO treaties. However, through hard mitted in contravention of the copy- mittee makes it clear that a parent work, numerous amendments and the right law. may protect his children from pornog- assistance of Senators HATCH and Although I applauded the efforts of raphy without running afoul of this LEAHY and their staffs—and this was the affected industries to resolve the law. I think moms and dads will want really a cooperative effort—we were OSP liability issue, there was one issue to be able to protect their children and able to fashion a comprehensive ap- which the industry agreement did not shouldn’t have to risk running afoul of proach to updating the copyright laws address—the protections that need to the law to do so. My own belief is that for the digital age. be given to users of the Internet. The when moms and dads do their jobs, gov- Many important changes were made agreement that the OSPs entered into erning America will be easy. If moms to the bill, including amendments rein- would have protected the interests of and dads don’t do their jobs, governing forcing on-line privacy rights, ensuring the copyright owners, but it provided this country could be impossible. We that the bill would not be read to man- little or no protection for an Internet need to make it possible for parents in date design decisions and addressing user who was wrongfully accused of every instance to do their job. the need to update the copyright laws violating copyright laws. The amendment recognizes that de- to permit distance education using dig- I think of a little girl, perhaps, who vices designed to allow such parental ital technology. puts on her Internet site the picture of monitoring must be allowed. We should When I was a professor—I won’t want a duck she draws. We shouldn’t allow never allow any legislation to move to admit how long ago—I used to teach Disney to say, ‘‘We own Donald Duck. forward that intentionally or uninten- a television course. The very same pro- That looks too much like Donald,’’ and tionally makes good parenting illegal. cedures I used in analog technology for be able to bully a little girl from hav- When the choice is between protecting television transmission might well ing a duck on her web site. We needed our children from obscene material and have been illegal if the TV signal had protection for the small user, not just perhaps allowing one machine to be di- been transmitted digitally. It is impor- for the big content promoters. verted for unlawful use, Congress and tant that we give the capacity for dis- Even though several Judiciary Com- the court should choose the protection tance education in the digital age the mittee members claimed no amend- of the children every time and then same potential that we had for dis- ments were needed, I made sure that prosecute anyone who makes unlawful tance education in the analog age. the industry compromise respected the use of such machine. I will focus on three important rights of typical Internet users, ordi- There are a number of individuals changes, one reflecting each of the nary people, by offering an amendment who deserve our specific thanks here, three basic problems addressed by the that provided a protection included in and I want to take the time to make original bill. the original bill I had offered. It is an sure that deserving individuals and or- First, there is the issue of the liabil- idea which is referred to as the ‘‘notice ganizations are thanked. I want to ity of on-line service providers. The no- and put-back’’ provision. If material is take a moment to thank a few particu- tion that service providers should not wrongfully taken down from the Inter- lar staff members who labored into the bear the responsibility for copyright net user’s home page, my amendment night over and over again and through infringements when they are solely ensures that the end user will be given weekends to put together this legisla- transmitting the material is one key to notice of the action taken and gives tion. I commend my colleagues Sen- the future growth of the Internet. Now, them a right to initiate a process that ators HATCH and LEAHY. I want to say what we are really talking about is if allows them to put their material back that a number of my concerns were ac- someone illegally transmits material on line without the need to hire a law- commodated because these members of on the Internet, the Internet compa- yer or go to court. This was a critical the Leahy and Hatch staff were so nies that provide the opportunity for improvement over the industry’s prior hard-working. Ed Damich and Troy people to transmit the material compromise agreement. Dow with Senator HATCH were critical shouldn’t be held responsible any more A second concern of mine throughout to moving forward on all issues, par- than the phone company should be held this process has been the need to up- ticularly by coordinating the OSP dis- responsible if you were to say some- date protections for educators and li- cussions. thing illegal over the phone, or that braries already included in the copy- Beryl Howell and Marla Grossman of Xerox should be held responsible if you right law to reflect the digital tech- Senator LEAHY’s staff were similarly violate a copyright by illegally copying nology. I have already mentioned that. important to the process, particularly material on the Xerox machine. Having been an individual who had the in regard to the education provisions This is very important because of the privilege of teaching a college course and on drafting language for several way the Internet operates in terms of on television I knew just how impor- key areas. I thank the staff. They assembling and reassembling digital tant it would be for libraries and edu- worked very closely with two of the messages that they not be considered cational institutions to be able to use best staff members that I think work to be an illegal publisher; they, there- digital transmissions of documents and in any arena on Capitol Hill, and that fore, needed the protections that are signals in the same way that they were is Bartlett Cleland of my staff and Paul provided in this bill so that we can authorized to do so with analog signals Clement. They worked extremely hard have and continue to use the infra- under our copyright law as it has ex- with industry and with other Members structure of the Internet and allow it isted. of the Senate to craft a piece of legisla- to operate effectively. I did offer an amendment in commit- tion which I believe is going to be a Proper resolution of this issue is crit- tee, and it was unanimously incor- tremendous asset in allowing the po- ical to unlock the potential for the porated into the bill, which will allow tential of the Internet to be realized. Internet. For that reason, I included a libraries to use digital technology for Finally, I want to thank all of the in- title addressing on-line service pro- archiving and for interlibrary loans, dividuals representing various industry vider liability in my legislation. Make for example. This will help libraries and education interests who were criti- no mistake about it, clarification of serve the American public. cal not only in educating me on the on-line service provider liability was A final issue of profound importance, myriad of technical issues addressed in one of my fundamental concerns in the ensuring that the bill did not inadvert- this legislation, but were helping in debate, and after months of negotia- ently make it a violation of the Fed- every way to reach agreement when tions the affected parties were able to eral law to be a good parent. The origi- the time came. In the end, this is per- agree to legislative language that pro- nal bill or draft of this bill took such a haps not a perfect bill. I would have fa- tects on-line service providers, or what broad approach to outlawing any de- vored a different approach to some we call the OSPs, from liability when vices that could be used to gain access issues. But this is a bill that has be- they simply transmit—they are not in- to a copyrighted work that it may have come a comprehensive effort to bring volved, they don’t have any interest in made it illegal to manufacture and use the copyright law into the digital age. the message, but they are just trans- devices that were designed to protect It is an important piece of legislation mitters. If there is a violation, it is not children from obscenities and pornog- which we can work together to make their fault that something was trans- raphy. An amendment I offered in com- work for America. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4889 Accordingly, I am happy to support language that protects on-line service and Yahoo! has done just that. In no this bill. I look forward to its final pas- providers, or OSPs, from liability when way should Congress discourage true sage, with appreciation to the out- they simply transmit information entrepreneurship, particularly when standing leadership of Senator HATCH along the Internet. the better ‘‘mouse trap’’ in this case and Senator LEAHY in the committee. The principles expressed in this legis- has propelled a company to the top of Working with them has been one of the lation will provide a clear path for its market. The safe harbor should not most gratifying experiences of a proc- OSPs to operate without concern for dissipate merely because a service pro- ess of reaching a conclusion on legisla- legal ramifications or copyright in- vider viewed a particular online loca- tion which I think will advance our op- fringement that may occur in the regu- tion during the course of categoriza- portunity significantly to access the lar course of the operation of the Inter- tion for a directory. If the rule were advantages of electronic and digital net, or that occur without the OSPs otherwise, true consumer oriented communication for the entirety of knowledge. Without these issues being products would be eliminated or dis- America. clearly delineated we would have faced couraged in the marketplace. Mr. President, I want to go over some a future of uncertainty regarding the Finally, I also insisted on language of these notions again and expand the growth of Internet and potentially in the Committee role that recognized ideas a bit further. whether it could have operated at all. that the OSP liability provisions must I rise today to speak in favor of one Make no mistake that the clarification be applied to educators and libraries of the most important pieces of tech- of on-line service provider liability was with sensitivity to the special nature nology legislation in the 105th con- one of my fundamental concerns in this of those institutions and the unique re- gress. At its heart, this legislation is debate. While this was not the only lationships that exist in those settings. about updating the copyright laws for crucial change in the legislation it is a The report also makes it clear that the the digital age and preparing a sizable change that I found essential for this notice and put-back provision I men- portion of our economy for the next legislation to even be considered, tioned above provides all the process century. The affected parties include which is why Title I of my original leg- that is due, so that state institutions the on-line service providers, computer islation was devoted to clearly defining need not worry about having to choose hardware and software manufacturers, liability. between qualifying for the safe harbors educators students, libraries, consumer Although I was supportive of the af- provided in the bill and the require- electronics manufacturers and consum- fected industries’ efforts to resolve the ments imposed by the Due Process ers, motion picture companies, and ev- OSP liability issues, there was one Clause. eryone who uses the Internet. The full issue which the industry agreement did The second title of my original legis- Senate’s consideration of this bill cul- not address—what protections would be lation was dedicated to similar con- minates an effort at updating our copy- given the typical users of the Internet. cerns of universities, libraries, schools, right law that I began last September The agreement protected the interests educators and students, and ensured when I introduced S. 1146, the Digital of OSPs, and it protected the interests that these groups would not be left out Copyright Clarification and Tech- of copyright owners, but it provided when the content providers rushed to nology Education Act. S. 1146 was a little or no protection for an Internet secure their position in the digital age. comprehensive bill designed to jump user wrongfully accused of violating This legislation now includes some of start a process that had ground to a the copyright laws. the same provisions. I worked closely halt and appeared to be going nowhere. The original draft would have left with Senator LEAHY, educators, librar- The bill addressed three basic prob- these wrongly injured, innocent users ies and publishers to guarantee that li- lems: (1) the liability of on-line service with limited recourse. They would have braries will be able to update their ar- providers for copyright violations, (2) to hire an attorney and go to court to chives and provide materials to the the need to update the provisions of have the court require the OSP and public in a way that keeps pace with the copyright law that affect educators copyright holder to allow the web page technology. and libraries for the digital age, and (3) to go back up—in other words the end Additionally, this legislation begins the need to implement the World Intel- user would have to go to court to prove the process to allow distance education lectual Property Organization, or their innocence. I found this situation in the digital world. We should not tol- WIPO, treaties. I am gratified that to be totally unacceptable. Even erate laws that discriminate against today the full Senate will vote on a bill though several Judiciary Committee technology, instead we should seek to that addresses all three of these con- members claimed that no amendments guarantee that what people can do in cerns. were needed I made sure that the in- the analog that they can continue The original Administration lan- dustry compromise protected the those actions in the digital world. A guage that was introduced by Senators rights of the typical Internet user by study will be undertaken to help Con- HATCH and LEAHY focused exclusively offering an amendment that provided gress to sort out the many techno- on the WIPO Treaties. However, protection included my original bill— logical and legal challenges of updating through hard work, numerous amend- an idea referred to as notice and put the copyright law regarding distance ments, and the assistance of Senators back. If material is wrongly taken education. At the beginning of the next HATCH and LEAHY and their staffs, we down from an Internet user’s home Congress I fully expect to introduce were able to fashion a comprehensive page because the original notice mis- legislation specifically on distance edu- approach to updating the copyright takenly did not take into account that cation and I understand that both Sen- laws for the digital age. the Internet user was only making a ators HATCH and LEAHY have agreed to The bill before the Senate today now fair use of the copyrighted work, my support legislation based on the study addresses all three of the basic prob- amendment ensures that the end-user conducted by the Copyright Office. In lems identified in my bill. First, the will be given notice of the action addition, I look forward to working notion that service providers should taken, and gives them a right to initi- with both the education community not bear the responsibility for copy- ate a process that allows them to put and the content community to pass, right infringements when they are pro- their material back on-line, without not block, this important legislation. viding a means of communication is a the need to hire a lawyer and go to Distance education is of fundamental key notion for the future growth and court. This was a critical improvement importance to Missouri, as it is to development of digital communica- over the industry’s compromise agree- most rural states, and of great impor- tions and most importantly the Inter- ment. tance to the many parents who home net. Resolution of this issue is critical Another modification to the OSP li- school their children. for the future development of the ability material was to guarantee that A third portion of the bill addresses Internet. For that reason, I included a companies, such as Yahoo!, could con- the means by which the WIPO treaties title regarding on-line service provider tinue to operate as they have previous will be implemented in the United liability in my legislation. After to the passage of this legislation. I ad- States, also referred to as section 1201. months of negotiations, the affected mire companies that can succeed in the This issue is of fundamental impor- parties were able to agree to legislative highly competitive technology sector, tance for a vital part of our nations S4890 CONGRESSIONAL RECORD — SENATE May 14, 1998 economy. Piracy is a large and growing rectly and will look forward to working of consumers to buy that first genera- problem for many content providers, with all the parties that support this tion of VCRs. I want to make it clear but particularly to our software indus- bill to ensure passage of such legisla- that I did not come to Washington to try. Billions of dollars in pirated mate- tion. vote for a bill that could be used to ban rial is lost every year and in impact is One industry that has concerns about the next generation of recording equip- felt directly to our national bottom this legislation is the encryption indus- ment. I want to reassure consumers line. try. I sought to have included in the that nothing in the bill should be read While the overall structure of the legislative language a provision to to make it unlawful to produce and use legislation in this part is not the way I guarantee that the highly successful the next generation of computers or would have approached the issue I be- means for encryption research that are VCRs or whatever future device will lieve that I have been given enough as- used in this country may continue to render one or the other of these famil- surance both in legislative language be used in the future, despite some of iar devices obsolete. and in legislative history that I can the prohibitions included in this bill. Another important amendment was support the bill. I still find troubling Unfortunately, we were not able to added that makes clear that this law any approach that makes technology work out any acceptable legislative does not mandate any particular selec- the focus of illegality rather than the language. We were able to craft lan- tion of components for the design of bad conduct of a bad actor, but with guage for the report that made clear any technology. I was concerned that the accommodations that have been that most forms of current encryption this legislation could be interpreted as given I think that the bill is workable. research were left undisturbed by the a mandate on product manufacturers One issue of profound importance to bill. While I believe that this is better to design products so as to respond af- me was ensuring that parents continue than nothing, I understand that there firmatively to effective technical pro- to have the legal ability to be good par- are lingering concerns, and I would cer- tection measures available in the mar- ents. The original draft of this bill tainly support efforts to try to address ketplace. In response to this concern I took such a broad approach to outlaw- this issue before the House completes was pleased to offer an amendment, ing devices, that it may have inadvert- work on this important piece of legisla- with the support of both the Chairman ently made it illegal to manufacture tion. and the Ranking Member of the Com- and use devices designed to protect In discussing the anti-circumvention mittee, to avoid the unintended effect children from on-line pornography. The portion of the legislation, I think it is of having design requirements imposed bill, as amended recognizes that cer- worth emphasizing that I could agree on product and component manufactur- tain devices—such as devices that to support the bill’s approach of out- ers, which would have a dampening ef- allow parents to protect their children lawing certain devices because I was fect on innovation, and on the research from on-line pornography—must be al- repeatedly assured that the device pro- and development of new products. Ac- lowed. An amendment I offered in Com- hibitions in 1201(a)(2) and 1201(b) are cordingly, my amendment clarified mittee makes clear that a parent may aimed at so-called ‘‘black boxes’’ and that product designers need not design protect their children from pornog- not at legitimate consumer electronics consumer electronics, telecommuni- raphy without running afoul of this and computer products that have sub- cations, or computing products, nor de- law. We should never be in the position stantial non-infringing uses. I specifi- sign and select parts or components for with any legislation that intentionally cally worked for and achieved changes such products, in order to respond to or unintentionally makes good parent- to the bill to make sure that no court particular technological protection ing illegal. When the choice is between would misinterpret this bill as outlaw- measures. This amendment reflects my belief protecting our children from obscene ing legitimate consumer electronics that product manufacturers should re- material and perhaps allowing one ma- devices or computer hardware. As a re- main free to design and produce con- chine to be diverted for unlawful use, sult, neither section 1201(a)(2) nor sec- sumer electronics, telecommunications Congress and the courts should choose tion 1201(b) should be read as outlawing and computing products without the the protection of children every time. any device with substantial non-in- Additionally, the protection of pri- threat of incurring liability for their fringing uses, as per the tests provided vacy remains a concern. While the leg- design decisions under this legislation. in those sections. islation makes some effort to make Nothing could cause greater disaster If history is a guide, however, some- clear that a person acting to protect and a swifter downfall of our vibrant one may yet try to use this bill as a their individual privacy should not be technology sector than to have the fed- basis for initiating litigation to stop liable for or guilty of circumvention eral government dictating the design of legitimate new products from coming some further clarification is needed. computer chips or mother boards. By to market. By proposing the addition One of my primary concerns has been way of example, during the course of of section 1201(d)(2) and (3), I have the use of ‘‘cookies’’ and their det- our deliberations, we were made aware sought to make clear that any such ef- rimental impact for on-line privacy. I of certain video boards used in personal fort to use the courts to block the in- am not convinced that cookies could computers in order to allow consumers troduction of new technology should be not be copyrighted and protected in to receive television signals on their bound to fail. such a way that getting rid of them or computer monitors which, in order to As my colleagues may recall, this turning them off would not violate the transform the television signal from a wouldn’t be the first time someone has new law. Recently my concern has been TV signal to one capable of display on tried to stop the advance of new tech- proven further by a piece of software a computer monitor, remove attributes nology. In the mid 1970s, for example, a developed by Blizzard Entertainment of the original signal that may be asso- lawsuit was filed in an effort to block called StarCraft. This software rifles ciated with certain copy control tech- the introduction of the Betamax video through the player’s hard drives and nologies. I am acutely aware of this recorder. I think it useful to recall sends the information found back to particular example because I have one what the Supreme Court had to say in the company. Again, I was told by of these video boards on my own com- ruling for consumers and against two some that I should not be concerned, puter back in my office. It is quite use- movie studies in that case: but I will tell you that I am concerned ful as it allows me to monitor the Sen- and everyone in this body and in the One may search the Copyright Act in vain ate floor, and occasionally ESPN on for any sign that the elected representatives country should have similar concerns of the millions of people who watch tele- those rare occasions when the Senate about this or any legislation that with- vision every day have made it unlawful to is not in session. My amendment out careful thought could create a situ- copy a program for later viewing at home, or makes it clear that this legislation ation where an individual’s privacy is have enacted a flat prohibition against the does not require that such trans- jeopardized. I believe the savings sale of machines that make such copying formations, which are part of the nor- clause I added to the bill will address possible. mal conversion process rather than af- this problem. However, if that does not As Missouri’s Attorney General, I firmative attempts to remove or cir- prove sufficient, I will introduce legis- had the privilege to file a brief in the cumvent copy control technologies, lation to deal with this problem di- Supreme Court in support of the right fall within the proscriptions of chapter May 14, 1998 CONGRESSIONAL RECORD — SENATE S4891 12 of the copyright law as added by this problem. Even when they cannot solve works—such as movies, books, musical bill. the problem, the private sector prob- recordings, and software. The copy- Further, concerns were voiced during lem solving process will at least nar- right industry is one of our most thriv- the Committee’s deliberations that be- row the issues for the government to ing businesses. But we still lose more cause 1201 applies not only to devices address. Getting a law passed is very than $15 billion each year due to for- but to parts and components of devices, difficult, getting it changed is some- eign copyright piracy, according to it could be interpreted broadly to times even more difficult, and so rely- some estimates. sweep in legitimate products such as ing on government really elevates the This foreign piracy is out of control. personal computers and accessories and need to have no garbage in, to result in For example, one of my staffers inves- video and audio recording devices. the right output. tigating video piracy on a trip to China While the manufacturers of these prod- I would encourage the content com- walked into a Hong Kong arcade and ucts were understandably concerned, it munity and the device and hardware bought three bootlegged computer was quite apparent to me that it was manufacturers to work together to games—including ‘‘Toy Story’’ and not the Committee’s intention that avoid situations in which effective ‘‘NBA ‘97’’—for just $10. These games such useful multipurpose articles of technological measures and copyright normally sell for about $100. Indeed, commerce be prohibited by 1201 on the management information affect dis- the manager was so brazen about it, he basis that they may have particular play quality. There is no reason why even agreed to give a receipt. parts or components that might, if the interested parties cannot resolve Illegal copying has been a longstand- evaluated separately from such prod- these issues to ensure both optimal ing concern to me. I introduced one of ucts, fall within the proscriptions of protection of content and optimal pic- the precursors to this bill, the Motion 1201(a)(2) or (b). My amendment adding ture quality. To the extent that a par- Picture Anti-Piracy Act, which in prin- sections 1201(d)(2) and (3) was intended ticular technological protection meas- ciple has been incorporated into this to address these concerns. ure or means of applying or embedding measure. And I was one of the original Another issue of concern is that un- copyright management information to cosponsors of the original proposed less product designers are adequately or in a work is designed and deployed WIPO implementing legislation, the consulted on the design and implemen- into the marketplace without adequate preliminary version of this measure. In my opinion, this bill achieves a tation of technological protection consultation with potentially affected fair balance by taking steps to effec- measures and means of preserving manufacturers, the proprietor of such a tively deter piracy, while still allowing copyright management information, measure or means and those copyright fair use of protected materials. It is the such measures may have noticeable owners using it must be aware that product of intensive negotiations be- and recurring adverse effects on the au- product adjustments by a manufac- tween all of the interested parties—in- thorized display or performance of turer to avoid noticeable and recurring cluding the copyright industry, tele- works. Under such circumstances, cer- adverse effects on the normal, author- phone companies, libraries, univer- tain adjustments to specific products ized operation of affected products are sities and device manufacturers. And may become necessary after sale to a foreseeable, legitimate and commer- every major concern raised during that consumer to maintain the normal, au- cially necessary. Such actions by man- process was addressed. For these rea- thorized functioning of such products. ufacturers may not, therefore, be pro- sons, it earned the unanimous support Such adjustments, when made solely to scribed by this chapter. of the Judiciary Committee. mitigate the adverse effects of the Again, several individuals and orga- I am confident that this bill has the measure on the normal, authorized op- nizations deserve thanks from every- best approach for stopping piracy and eration of a manufacturer’s product, one involved in this debate. I want to strengthening one of our biggest export device, component, or part thereof, take a moment to thank those few par- industries. It deserves our support. would not, in my view, constitute con- ticular staff who labored into the night Thank you. duct that would fall within the pro- and over weekends to put together this Mr. GRASSLEY. Mr. President, I scriptions of this legislation. legislation and to accommodate some wanted to make a few brief remarks on The problems described may occur at of my concerns. Ed Damich and Troy S. 2037, the Digital Millennium Copy- a more fundamental level—with notice- Dow with Senator HATCH’s office were right Act of 1998, which would imple- able and recurring adverse effects on critical to moving forward on all issues ment the World Intellectual Property the normal operation of products that particularly by coordinating the OSP Organization treaties. The amend- are being manufactured and sold to discussions. Beryl Howell and Marla ments adopted in Committee make consumers. The best way to avoid this Grossman were similarly important to some significant improvements to the problem is for companies and indus- the process particularly in regards to original bill. For example, the bill now tries to work together to seek to avoid the education provisions and on draft- includes provisions clarifying edu- such problems to the maximum extent ing language for several key areas. I cational institution and library liabil- possible. I am pleased to note that would like to thank all of the individ- ity and use exemptions, as well as pro- multi-industry efforts to develop copy uals representing various industry and visions dealing with distance learning. control technologies that are both ef- educational interests who were critical The Committee also adopted provisions fective and avoid such noticeable and not only in educating me on the myr- addressing concerns regarding pornog- recurring adverse effects have been un- iad issues but also on copyright law in raphy and privacy. Further, I worked derway over the past two years in rela- general. Finally, I would again like to with Senator KYL to make sure that tion to certain copy protection meas- thank the members of my own staff, our law enforcement and intelligence ures. I join my colleagues in strongly Bartlett Cleland and Paul Clement who people are able to carry out their du- encouraging the continuation of these worked so well to produce a piece of ties in the best, and most effective, efforts, since, in my view, they offer legislation that could guide this coun- manner possible. substantial benefits to copyright own- try to a digital future. It was important to me that the bill ers who add so much to the economy In the end, this is not a perfect bill. be clarified to ensure that parents are and who obviously want devices that I would have favored a different ap- not prohibited from monitoring, or do not interfere with the other normal proach to some issues. However, this limiting access to, their children in re- operations of affected products. bill is an important step forward in gard to pornography and other inde- The truth of the matter is that Con- bringing the copyright law into the cent material on the Internet. I don’t gress ought to operate contempora- digital age. I am happy to support this believe anyone wants to restrict par- neously with industry to solve prob- bill and look forward to its final pas- ents’ rights to take care of their chil- lems. Anytime the affected industries sage. dren, or to take away tools that might beat government to the solution they Mr. KOHL. Mr. President, I rise to be helpful for parents to ensure that ought to be praised. In many respects I express my support for the Digital Mil- their kids aren’t accessing sites con- invite the private sector to be there lennium Copyright Act of 1998. In my taining pornography. The interests of first and get it done well. If they are view, we need this measure to stop an the copyright owners had to be bal- there first, they will often solve the epidemic of illegal copying of protected anced with the needs of consumers and S4892 CONGRESSIONAL RECORD — SENATE May 14, 1998 families. I think that the Committee tives from the law enforcement com- ISPs. It ensures that creative works re- made a significant improvement to the munity, the Administration, as well as ceive the protection they deserve while bill in defense of this important protec- the content providers and other par- also assuring that OSPs/ISPs are not tion for our families. ties. I’d like to especially thank Sen- held liable for unknowingly posting in- Also, the Committee worked on ator KYL and his fine staff for their fringing material or for merely provid- changes which protect individuals’ hard work on this important clarifica- ing the physical facilities used to right to privacy on the Internet. I’ve tion to the bill. upload infringing material. heard concerns about software pro- I want to thank Senator ASHCROFT I think this is a good bill, a balanced grams, probes, contaminants and and his staff for all the hard work and and fair bill, and I am proud to support ‘‘cookies,’’ and how they obtain per- long hours they put into this difficult it. sonal and confidential information on negotiations process to improve this Mr. THOMPSON. Mr. President, I am Internet users and then convey it to bill. Their efforts in working for a bal- pleased to support S. 2037, the Digital companies for commercial purposes, ance of interests in the bill are to be Millennium Copyright Act. This legis- sometimes without the users even commended. I’d also like to thank lation implementing the World Intel- knowing that this is happening. Even if Chairman HATCH and Senator LEAHY, lectual Property Organization Treaty users are aware a ‘‘cookie’’ or one of and their staffs, for their hard work on is of vital importance to the American these other techniques has been sent to the bill. economy. them, I think we’d all agree that Inter- Mrs. BOXER. Mr. President I am No nation benefits more from the net users should have a choice on proud to support the Digital Millen- protection of intellectual property whether to give up their personal infor- nium Copyright Act (DMCA) of 1998 than the United States. We lead the mation or not. While some argue that which I believe is an important step in world in the production and export of this is a non-issue because ‘‘cookies’’ the evolution of international digital intellectual property, including the and ‘‘cookie-cutting’’ do not violate commerce. The DMCA accomplishes many forms of artistic intellectual the provisions of the bill, I’ve heard two important goals—it implements property and computer software. These otherwise. In fact, I’ve heard about a the World Intellectual Property Orga- industries are among the fastest grow- case where a computer game company nization Copyright Treaty and the ing employers in our country. When admitted that it surreptitiously col- World Intellectual Property Organiza- the owners of intellectual property are lected personal information from users’ tion Performances and Phonograms not fairly compensated, that hurts computers when they were playing the Treaty. Both treaties include provi- Americans and it decreases incentives game via the Internet. So I was not sions that respond to the challenges of for creating additional intellectual convinced that there did not need to be digital technology. property that educates, entertains, and a clarification in the bill on this sub- Although the treaties contain little does business for us. ject. The intent behind the bill is now that is not already covered by U.S. law, New technology creates exciting op- portunities for intellectual property, clear that an Internet user can protect the treaties will provide U.S. copyright but the digital environment also poses his or her privacy by disabling pro- holders the worldwide protections they threats to this form of property. Un- grams that transmit information on need and deserve. In addition, the trea- scrupulous copyright violators can use that user to other parties, or by utiliz- ties will go along way towards stand- the Internet to more widely distribute ing software programs like ‘‘cookie- ardizing international copyright prac- copyrighted material without permis- cutters’’ to do this. tice. I’d also like to make a few remarks Intellectual property, including sion. To maintain fair compensation to the owners of intellectual property, a on the clarification Senator KYL and I copyright, is an integral part of the regime for copyright protection in the worked on dealing with the law en- U.S. economy. The core copyright in- digital age must be created. Tech- forcement exceptions in the bill. The dustries accounted for $238.6 billion in nology to protect access to copyrighted changes Senator KYL and I made sub- value added to the U.S. economy, ac- work must be safeguarded. Copyright stantially improve the bill’s language counting for approximately 3.74 per- management information that identi- by making it clear that the exceptions cent of the Gross Domestic Product. In fies the copyright owner and the terms will protect officers, agents, employ- addition, between 1977 and 1993, em- and conditions of use of the copy- ees, or contractors of, or other persons ployment in the core copyright indus- acting at the direction of, a law en- righted material must be secured. tries doubled to 3 million workers, There are new issues with respect to forcement or intelligence agency of the about 2.5 percent of total U.S. employ- copyright in the digital age that never United States, a State, or a political ment. The copyright industries con- were issues before. The bill addresses subdivision of a State, who are per- tribute more to the U.S. economy and such issues as on-line service provider forming lawfully authorized investiga- employ more workers than any single liability in a way that is fair to all par- tive, protective, or intelligence activi- manufacturing sector including air- ties. And it governs a number of other ties. Further, the bill’s language was craft, textiles and apparels or chemi- issues that have been accommodated in clarified to indicate that the excep- cals. the new era. tions also apply to officers, agents, em- Intellectual property is a particu- Passage of this bill is important if ployees, or contractors of, or other per- larly integral part of the economy of American intellectual property is to be sons acting at the direction of, any ele- my home state of California. California protected in other countries. I was ment or division of an agency or de- is the leading producer of movies, com- pleased to be an original co-sponsor of partment of the United States, a State, puter software, recordings, video the initial bill, and to have supported or a political subdivision of a State, games, and other creative works. Cali- the bill in the Judiciary Committee which does not have law enforcement fornia’s movie and television industries and now on the floor. I strongly sup- or intelligence as its primary function, employed approximately 165,000 Cali- port its enactment. when those individuals are performing fornians in 1995 and the combined pay- Mrs. FEINSTEIN. Mr. President, it is lawfully authorized investigative, pro- roll of those industries was $7.4 billion. with great pleasure that I rise today to tective, or intelligence activities. I’d Similarly, the California pre-packaged speak on passage of S. 2037, the Digital like to note that the Committee report computer software industry employs Millennium Copyright Act. This Act makes clear that these exceptions only more than 25,000 Californians. implements two treaties adopted by apply when the individuals are per- Finally Mr. President, I want to note the World Intellectual Property Orga- forming these activities within the the importance of this bill to Online nization, or WIPO, in December, 1996— scope of their duties and in furtherance Service Providers (OSPs) and to Inter- the WIPO Copyright Treaty and the of lawfully authorized activities. Our net Service Providers (ISPs). I believe WIPO Performances and Phonograms law enforcement and intelligence peo- it is important to update our copyright Treaty. ple must have the opportunity and the laws to comport with the digital elec- Passage of this important legislation tools to carry out their duties effec- tronic age in which we now operate. will clear the way for ratification of tively. This language was crafted with This bill appropriately balances the in- these treaties, which are in the para- the input and support of representa- terests of copyright holders and OSPs/ mount interest of the United States— May 14, 1998 CONGRESSIONAL RECORD — SENATE S4893 and of the State of California, in par- my State of California, telecommuni- law enforcement exception in the bill. ticular. These treaties are intended to cations companies, and educational in- At the Judiciary Committee mark-up, ensure that foreign countries give in- stitutions. Senator GRASSLEY and I, along with tellectual property to the same high Title II includes a provision which I the assistance of Chairman HATCH and level of protection that we afford it authored, section 204 of the bill, which Senator ASHCROFT worked to strength- here in the U.S. requires the Copyright Office to take a en the law enforcement exception in The United States is the world’s lead- comprehensive look at the issue of the the bill. We received input on the lan- er in intellectual property, the home of liability of schools and universities for guage from the copyright community the most creative and dynamic individ- the acts of their students and faculty and the administration: the National uals and enterprises in the world—the who may use their network to post in- Security Agency (NSA), the Central In- majority of whom are located in Cali- fringing materials, and to make rec- telligence Agency (CIA), the Depart- fornia. This industry constitutes a very ommendations for legislation. ments of Commerce and Justice, and important sector of the U.S. economy, Among the factors which the Copy- the Office of Management and Budget and contributes greatly to our global right Office is to consider are: What is (OMB). economic position: American creative the direct, vicarious, and contributory The law enforcement exception en- industries grew twice as fast as the liability of universities for infringe- sures that the government continues to rest of the U.S. economy from 1987–94; ment by: faculty, administrative em- have access to current and future tech- more than 3 million Americans worked ployees, students, graduate students, nologies to assist in their investiga- in the core copyright industries as of and students who are employed by the tive, protective, or intelligence activi- 1994; exports of U.S. intellectual prop- university. ties. I am concerned that the tools and erty were more than $53 billion in 1995; What other users of university com- resources of our intelligence and law and the Business Software Alliance re- puters universities may be responsible enforcement communities are pre- ports that 50–60 percent of its revenues for; the unique nature of the relation- served—and more importantly, not come from overseas. ship between universities and faculty; limited, by passage of S. 2037. Under It is vital that we do everything we what policies should universities adopt this bill, a company who contracts can to protect and defend this impor- regarding copyright infringement by with the government can continue to tant sector of the economy from for- university computer users; what tech- develop encryption/decryption devices eign piracy, especially in this new digi- nological measures are available to under that contract, without having to tal age, when the potential exists for monitor infringing uses; what monitor- worry about criminal penalties. thousands of absolutely perfect, ing of the computer system by univer- Because much of our leading tech- priated copies of American intellectual sities is appropriate; what due process nologies come from the private sector, property to be made almost instantly, should the universities afford in dis- the government needs to have access to at the tough of a button: American abling access by allegedly infringing this vital resource for intelligence and copyright owners lose $15 billion in computer users; should distinctions be law enforcement purposes. The law enforcement exception rec- overseas sales to piracy every year; the drawn between open computer systems, ognizes that oftentimes governmental digital gaming industry loses $3.2 bil- closed computer systems, and open sys- agencies work with non-governmental lion per year to priacy—almost one tems with password-protected parts; entities—companies, in order to have third of its $10.1 billion annual sales; and taking into account the tradition access to and develop cutting edge and the recording industry’s domestic of academic freedom. technologies and devices. Such conduct I want to thank the Chairman, Sen- business is flat and they need a strong should not be prohibited or impeded by ator HATCH, and the Ranking Member, export market for sales growth. this copyright legislation. Indeed, some countries, such as Ar- Senator LEAHY, for working with me Mr. BIDEN. Mr. President, I com- gentina, have said that computer pro- on this provision. mend my colleagues for their hard grams aren’t even protected by copy- It is my hope and expectation that work on this legislation—which imple- right; ratifying WIPO will ensure that copyright content providers and the ments the two world intellectual prop- they are. Foreign countries have been educational community will get to- erty organization copyright treaties waiting for the U.S., as the world’s gether and work cooperatively to ad- adopted by the 1996 Geneva diplomatic largest producer of intellectual prop- dress these issues during the course of conference. erty, to take the lead in WIPO ratifica- the Copyright Office study. As is the practice on such intellec- tion before the ratify the WIPO treaty, Title III of the bill ensures that com- tual property matters, we are first so this is an important step we are tak- puter maintenance and repair providers seeking to pass the implementing leg- ing today. will not be found liable for copyright islation. This, I believe, will pave the The bill which we crafted in the Judi- infringement for performing their ordi- way for the Foreign Relations Commit- ciary Committee is a truly impressive nary services. tee—and the full senate—to ratify the achievement. We worked together with Title IV of the bill provides addi- treaties, which the administration sub- a plethora of diverse industries, aca- tional copyright exemptions for librar- mitted last July. demic interests, and law enforcement ies, archives and broadcasters, and an- The WIPO treaties and the imple- to forge a bill which advances other study, of distance learning, menting legislation will update intel- everybody’s interest. which could benefit educational insti- lectual property law to deal with the Title I of the bill implements the tutions. explosion of the Internet and other WIPO treaties, and outlaws so-called So this bill helps an incredibly broad forms of electronic communications. ‘‘black boxes’’: devices designed to ac- spectrum of American interests: au- Delegates from the United States and complish the perfect digital piracy thors, telecommunications, univer- 160 other member nations agreed to which I have mentioned. By protecting sities, computer makers, movies, soft- give authors of ‘‘literary and artistic against this piracy and paving the way ware, broadcasters, and on and on. No works,’’ including books, computer for ratification of the WIPO treaties, small number of these industries are programs, films, and sound recordings, this title provides immense help to centered or have very substantial pres- the exclusive right to sell or otherwise America’s creative industries, includ- ence in, and immense importance to make their work available to the pub- ing authors, composers, publishers, the economy of, my state of California. lic. performers, movie-makers, the record- Thus, it is with great pleasure that I The treaties give tougher inter- ing industry, and the software indus- applaud the passage of this legislation, national protection to software makers try. and urge the House to protect Ameri- and the recording industry—the U.S. Title II of the bill provides for pro- ca’s economy and rapidly pass it as Government’s biggest goal. The U.S. tection from copyright infringement li- well. wanted—and got—tough international ability for on-line service providers Mr. KYL. Mr. President: I rise today protection for sound recordings in who act responsibly. This title provides to speak about a section in the Digital order to stop pirating of music com- much-desired protection for on-line Millennium Copyright Act that I am pact discs overseas. The treaties pro- service providers, such as Yahoo! from particularly proud of, and that is the tect literary and artistic works from S4894 CONGRESSIONAL RECORD — SENATE May 14, 1998 digital copying, but do not make it il- its unanimous passage and yield the re- Sec. 202. Limitations on liability for Inter- legal to use the Internet in the normal mainder of my time. net copyright infringement. Mr. HATCH. Mr. President, on behalf Sec. 203. Conforming amendment. way. Sec. 204. Liability of educational institu- To give a concrete example of what of Senator LEAHY and myself, I yield tions for online infringement of passage and implementation of the the remainder of our time. The yeas copyright. WIPO treaties will mean—before the and nays have been ordered. Sec. 205. Effective date. treaty it was illegal to photocopy the The PRESIDING OFFICER. All time TITLE III—COMPUTER MAINTENANCE OR contents of an entire book or copy a having been yielded, the question is on REPAIR videotape without permission, but it the engrossment and third reading of Sec. 301. Limitation on exclusive rights; was not clear whether it was illegal to the bill. computer programs. e-mail copies of a digital book or movie The bill was ordered to be engrossed TITLE IV—EPHEMERAL RECORDINGS; to 500 friends all over the world. Pas- for a third reading and was read the DISTANCE EDUCATION; EXEMPTION sage of this bill and the WIPO treaties third time. FOR LIBRARIES AND ARCHIVES will ensure that both will be illegal— The PRESIDING OFFICER. The Sec. 401. Ephemeral recordings. both domestically and overseas. question is on passage of the bill, as Sec. 402. Limitations on exclusive rights; distance education. I am pleased that this bill contains amended. The yeas and nays have been Sec. 403. Exemption for libraries and ar- provisions to clarify the actions Inter- ordered. chives. net service providers—as well as librar- The clerk will call the roll. TITLE I—WIPO TREATIES ies and educational institutions—will The assistant legislative clerk called IMPLEMENTATION the roll. be legally required to take when con- SEC. 101. SHORT TITLE. fronted with evidence of copyright vio- Mr. NICKLES. I announce that the This title may be cited as the ‘‘WIPO Copy- lations by users of their services. Senator from New Hampshire (Mr. right and Performances and Phonograms I am also pleased that this bill con- GREGG) is necessarily absent. Treaties Implementation Act of 1998’’. tains language intended to preserve the The result was announced—yeas 99, SEC. 102. TECHNICAL AMENDMENTS. ability of consumer electronics manu- nays 0, as follows: (a) Section 101 of title 17, United States facturers—and computer manufactur- [Rollcall Vote No. 137 Leg.] Code, is amended— ers and software developers—to con- YEAS—99 (1) by deleting the definition of ‘‘Berne Convention work’’; tinue research and development of in- Abraham Faircloth Lott (2) in the definition of ‘‘The ‘country of or- novative devices and hardware prod- Akaka Feingold Lugar igin’ of a Berne Convention work’’, by delet- ucts. Allard Feinstein Mack Ashcroft Ford McCain ing ‘‘The ‘country of origin’ of a Berne Con- These provisions in my view strike Baucus Frist McConnell vention work,’’, capitalizing the first letter an appropriate balance between the Bennett Glenn Mikulski of the word ‘‘for’’, deleting ‘‘is the United rights of copyright holders and the Biden Gorton Moseley-Braun States’’ after ‘‘For purposes of section 411,’’, need to encourage continuing expan- Bingaman Graham Moynihan and inserting ‘‘a work is a ‘United States Bond Gramm Murkowski sion of access to digital information to work’ only’’ after ‘‘For purposes of section Boxer Grams Murray 411,’’; greater numbers of users throughout Breaux Grassley Nickles Brownback Hagel Reed (3) in paragraph (1)(B) of the definition of the world. ‘‘The ‘country of origin’ of a Berne Conven- Therefore, I commend my Judiciary Bryan Harkin Reid Bumpers Hatch Robb tion work’’, by inserting ‘‘treaty party or Committee colleagues for their hard Burns Helms Roberts parties’’ and deleting ‘‘nation or nations ad- work on this bill and I look forward to Byrd Hollings Rockefeller hering to the Berne Convention’’; its passage by the Congress. Campbell Hutchinson Roth (4) in paragraph (1)(C) of the definition of Mr. HATCH addressed the Chair. Chafee Hutchison Santorum ‘‘The ‘country of origin’ of a Berne Conven- Cleland Inhofe Sarbanes The PRESIDING OFFICER. The Sen- Coats Inouye Sessions tion work’’, by inserting ‘‘is not a treaty ator from Utah is recognized. Cochran Jeffords Shelby party’’ and deleting ‘‘does not adhere to the Mr. HATCH. Mr. President, we are Collins Johnson Smith (NH) Berne Convention’’; prepared to yield back the remainder Conrad Kempthorne Smith (OR) (5) in paragraph (1)(D) of the definition of Coverdell Kennedy Snowe ‘‘The ‘country of origin’ of a Berne Conven- of our time. First, I understand that Craig Kerrey Specter the Senator from Illinois would like up tion work’’, by inserting ‘‘is not a treaty D’Amato Kerry Stevens party’’ and deleting ‘‘does not adhere to the Daschle Kohl Thomas to 2 minutes. We will yield that time to Berne Convention’’; him, and then we will yield the remain- DeWine Kyl Thompson Dodd Landrieu Thurmond (6) in subsection (3) of the definition of der of the time and go to a vote. Domenici Lautenberg Torricelli ‘‘The ‘country of origin’ of a Berne Conven- The PRESIDING OFFICER. The Sen- Dorgan Leahy Warner tion work’’, by deleting ‘‘For the purposes of ator from Illinois is recognized. Durbin Levin Wellstone section 411, the ‘country of origin’ of any Mr. DURBIN. Mr. President, many Enzi Lieberman Wyden other Berne Convention work is not the good reasons have been stated on the NOT VOTING—1 United States.’’; (7) after the definition for ‘‘fixed’’, by in- floor for the passage of this important Gregg legislation. I hold in my hand convinc- serting ‘‘The ‘Geneva Phonograms Conven- The bill (S. 2037), as amended, was tion’ is the Convention for the Protection of ing evidence. It is an unsolicited e-mail passed, as follows: Producers of Phonograms Against Unauthor- sent to my Senate computer a few S. 2037 ized Duplication of Their Phonograms, con- weeks ago. It boasts that they will Be it enacted by the Senate and House of Rep- cluded at Geneva, Switzerland on October 29, offer for me to purchase 500 different resentatives of the United States of America in 1971.’’; bootleg video games from a person who Congress assembled, (8) after the definition for ‘‘including’’, by says in this solicitation, ‘‘All the SECTION 1. SHORT TITLE. inserting ‘‘An ‘international agreement’ is— games I sell are pirated. I do not sell This Act may be cited as the ‘‘Digital Mil- ‘‘(1) the Universal Copyright Convention; originals.’’ This business is operating lennium Copyright Act of 1998’’. ‘‘(2) the Geneva Phonograms Convention; ‘‘(3) the Berne Convention; SEC. 2. TABLE OF CONTENTS. across the United States, Canada, Eng- ‘‘(4) the WTO Agreement; land, Australia, and claims to trade Sec. 1. Short title. ‘‘(5) the WIPO Copyright Treaty; copies made in Hong Kong. Sec. 2. Table of contents. ‘‘(6) the WIPO Performances and When you think of the importance of TITLE I—WIPO TREATIES Phonograms Treaty; and intellectual property to America’s ex- IMPLEMENTATION ‘‘(7) any other copyright treaty to which ports and the importance of this busi- Sec. 101. Short title. the United States is a party.’’; ness in terms of the United States and Sec. 102. Technical amendments. (9) after the definition for ‘‘transmit’’, by Sec. 103. Copyright protection systems and inserting ‘‘A ‘treaty party’ is a country or the world, it is clear that we need this copyright management infor- legislation to stop this type of flagrant intergovernmental organization other than mation. the United States that is a party to an inter- abuse, which I received and I am sure Sec. 104. Conforming amendment. national agreement.’’; many others could receive if they surf Sec. 105. Effective date. (10) after the definition for ‘‘widow’’, by in- the Internet. TITLE II—INTERNET COPYRIGHT serting ‘‘The ‘WIPO Copyright Treaty’ is the I commend Senators HATCH, LEAHY, INFRINGEMENT LIABILITY WIPO Copyright Treaty concluded at Gene- ASHCROFT, and so many others. I urge Sec. 201. Short title. va, Switzerland, on December 20, 1996.’’; May 14, 1998 CONGRESSIONAL RECORD — SENATE S4895 (11) after the definition for ‘‘The ‘WIPO ‘‘(D) adheres to the WIPO Performances authority of the copyright owner, to gain ac- Copyright Treaty’, by inserting ‘‘The ‘WIPO and Phonograms Treaty; or cess to the work. Performances and Phonograms Treaty’ is the ‘‘(E) after such date of enactment becomes ‘‘(b) ADDITIONAL VIOLATIONS.—(1) No person WIPO Performances and Phonograms Treaty subject to a proclamation under subsection shall manufacture, import, offer to the pub- concluded at Geneva, Switzerland on Decem- (g).’’; lic, provide, or otherwise traffic in any tech- ber 20, 1996.’’; and (3) in paragraph (6)(C)(iii), by deleting nology, product, service, device, component, (12) by inserting, after the definition for ‘‘and’’ after ‘‘eligibility’’; or part thereof that— ‘‘work for hire’’, ‘‘The ‘WTO Agreement’ is (4) at the end of paragraph (6)(D), by delet- ‘‘(A) is primarily designed or produced for the Agreement Establishing the World Trade ing the period and inserting ‘‘; and’’; the purpose of circumventing protection af- Organization entered into on April 15, 1994. (5) by adding the following new paragraph forded by a technological protection measure The terms ‘WTO Agreement’ and ‘WTO mem- (6)(E): that effectively protects a right of a copy- ber country’ have the meanings given those ‘‘(E) if the source country for the work is right owner under this title in a work or a terms in paragraphs (9) and (10) respectively an eligible country solely by virtue of its ad- portion thereof; of section 2 of the Uruguay Round Agree- herence to the WIPO Performances and ‘‘(B) has only limited commercially signifi- ments Act.’’. Phonograms Treaty, is a sound recording.’’; cant purpose or use other than to cir- (b) Section 104 of title 17, United States (6) in paragraph (8)(B)(i), by inserting ‘‘of cumvent protection afforded by a techno- Code, is amended— which’’ before ‘‘the majority’’ and striking logical protection measure that effectively (1) in subsection (b)(1), by deleting ‘‘foreign ‘‘of eligible countries’’; and protects a right of a copyright owner under nation that is a party to a copyright treaty (7) by deleting paragraph (9). this title in a work or a portion thereof; or to which the United States is also a party’’ (d) Section 411 of title 17, United States ‘‘(C) is marketed by that person or another and inserting ‘‘treaty party’’; Code, is amended— acting in concert with that person with that (2) in subsection (b)(2) by deleting ‘‘party (1) in subsection (a), by deleting ‘‘actions person’s knowledge for use in circumventing to the Universal Copyright Convention’’ and for infringement of copyright in Berne Con- protection afforded by a technological pro- inserting ‘‘treaty party’’; vention works whose country of origin is not tection measure that effectively protects a (3) by renumbering the present subsection the United States and’’; and right of a copyright owner under this title in (b)(3) as (b)(5) and moving it to its proper se- (2) in subsection (a), by inserting ‘‘United a work or a portion thereof. quential location and inserting a new sub- States’’ after ‘‘no action for infringement of ‘‘(2) As used in this subsection— section (b)(3) to read: the copyright in any’’. ‘‘(A) to ‘circumvent protection afforded by ‘‘(3) the work is a sound recording that was (e) Section 507(a) of title 17, United States a technological protection measure’ means first fixed in a treaty party; or’’; Code, is amended by adding at the beginning, avoiding, bypassing, removing, deactivating, (4) in subsection (b)(4) by deleting ‘‘Berne ‘‘Except as expressly provided elsewhere in or otherwise impairing a technological pro- Convention work’’ and inserting ‘‘pictorial, this title,’’. tection measure; and graphic or sculptural work that is incor- SEC. 103. COPYRIGHT PROTECTION SYSTEMS ‘‘(B) a technological protection measure porated in a building or other structure, or AND COPYRIGHT MANAGEMENT IN- ‘effectively protects a right of a copyright an architectural work that is embodied in a FORMATION. owner under this title’ if the measure, in the building and the building or structure is lo- Title 17, United States Code, is amended by ordinary course of its operation, prevents, cated in the United States or a treaty adding the following new chapter: restricts, or otherwise limits the exercise of party’’; ‘‘CHAPTER 12—COPYRIGHT PROTECTION a right of a copyright owner under this title. (5) by renumbering present subsection AND MANAGEMENT SYSTEMS ‘‘(c) OTHER RIGHTS, ETC., NOT AFFECTED.— (1) Nothing in this section shall affect rights, (b)(5) as (b)(6); ‘‘Sec. remedies, limitations, or defenses to copy- (6) by inserting a new subsection (b)(7) to ‘‘1201. Circumvention of copyright protec- right infringement, including fair use, under read: tion systems. ‘‘(7) for purposes of paragraph (2), a work ‘‘1202. Integrity of copyright management this title. ‘‘(2) Nothing in this section shall enlarge that is published in the United States or a information. or diminish vicarious or contributory liabil- treaty party within thirty days of publica- ‘‘1203. Civil remedies. ity for copyright infringement in connection tion in a foreign nation that is not a treaty ‘‘1204. Criminal offenses and penalties. with any technology, product, service, de- party shall be considered first published in ‘‘1205. Savings Clause. vice, component or part thereof. the United States or such treaty party as the ‘‘§ 1201. Circumvention of copyright protec- ‘‘(3) Nothing in this section shall require case may be.’’; and tion systems that the design of, or design and selection of (7) by inserting a new subsection (d) to ‘‘(a) VIOLATIONS REGARDING CIRCUMVENTION parts and components for, a consumer elec- read: OF TECHNOLOGICAL PROTECTION MEASURES.— tronics, telecommunications, or computing ‘‘(d) EFFECT OF PHONOGRAMS TREATIES.— (1) No person shall circumvent a techno- product provide for a response to any par- Notwithstanding the provisions of subsection logical protection measure that effectively ticular technological protection measure, so (b), no works other than sound recordings controls access to a work protected under long as such part or component or the prod- shall be eligible for protection under this this title. uct, in which such part or component is inte- title solely by virtue of the adherence of the ‘‘(2) No person shall manufacture, import, grated, does not otherwise fall within the United States to the Geneva Phonograms offer to the public, provide or otherwise traf- prohibitions of subsection (a)(2) or (b)(1). Convention or the WIPO Performances and fic in any technology, product, service, de- ‘‘(d) EXEMPTION FOR NONPROFIT LIBRARIES, Phonograms Treaty.’’. vice, component, or part thereof that— ARCHIVES, AND EDUCATIONAL INSTITUTIONS.— (c) Section 104A(h) of title 17, United ‘‘(A) is primarily designed or produced for (1) A nonprofit library, archives, or edu- States Code, is amended— the purpose of circumventing a technological cational institution which gains access to a (1) in paragraph (1), by deleting ‘‘(A) a na- protection measure that effectively controls commercially exploited copyrighted work tion adhering to the Berne Convention or a access to a work protected under this title; solely in order to make a good faith deter- WTO member country; or (B) subject to a ‘‘(B) has only limited commercially signifi- mination of whether to acquire a copy of Presidential proclamation under subsection cant purpose or use other than to cir- that work for the sole purpose of engaging in (g),’’ and inserting— cumvent a technological protection measure conduct permitted under this title shall not ‘‘(A) a nation adhering to the Berne Con- that effectively controls access to a work be in violation of subsection (a)(1). A copy of vention; protected under this title; or a work to which access has been gained ‘‘(B) a WTO member country; ‘‘(C) is marketed by that person or another under this paragraph— ‘‘(C) a nation adhering to the WIPO Copy- acting in concert with that person with that ‘‘(A) may not be retained longer than nec- right Treaty; person’s knowledge for use in circumventing essary to make such good faith determina- ‘‘(D) a nation adhering to the WIPO Per- a technological protection measure that ef- tion; and formances and Phonograms Treaty; or fectively controls access to a work protected ‘‘(B) may not be used for any other pur- ‘‘(E) subject to a Presidential proclama- under this title. pose. tion under subsection (g)’’; ‘‘(3) As used in this subsection— ‘‘(2) The exemption made available under (2) paragraph (3) is amended to read as fol- ‘‘(A) to ‘circumvent a technological protec- paragraph (1) shall only apply with respect lows: tion measure’ means to descramble a scram- to a work when an identical copy of that ‘‘(3) the term ‘eligible country’ means a na- bled work, to decrypt an encrypted work, or work is not reasonably available in another tion, other than the United States that— otherwise to avoid, bypass, remove, deacti- form. ‘‘(A) becomes a WTO member country after vate, or impair a technological protection ‘‘(3) A nonprofit library, archives, or edu- the date of enactment of the Uruguay Round measure, without the authority of the copy- cational institution that willfully for the Agreements Act; right owner; and purpose of commercial advantage or finan- ‘‘(B) on the date of enactment is, or after ‘‘(B) a technological protection measure cial gain violates paragraph (1)— the date of enactment becomes, a nation ad- ‘effectively controls access to a work’ if the ‘‘(A) shall, for the first offense, be subject hering to the Berne Convention; measure, in the ordinary course of its oper- to the civil remedies under section 1203; and ‘‘(C) adheres to the WIPO Copyright Trea- ation, requires the application of informa- ‘‘(B) shall, for repeated or subsequent of- ty; tion, or a process or a treatment, with the fenses, in addition to the civil remedies S4896 CONGRESSIONAL RECORD — SENATE May 14, 1998 under section 1203, forfeit the exemption pro- ‘‘(1) provide copyright management infor- ‘‘(B) such person did not intend, by engag- vided under paragraph (1). mation that is false, or ing in such activity, to induce, enable, facili- ‘‘(4) This subsection may not be used as a ‘‘(2) distribute or import for distribution tate or conceal infringement. defense to a claim under subsection (a)(2) or copyright management information that is ‘‘(2) DIGITAL TRANSMISSIONS.— (b), nor may this subsection permit a non- false. ‘‘(A) If a digital transmission standard for profit library, archives, or educational insti- ‘‘(b) REMOVAL OR ALTERATION OF COPY- the placement of copyright management in- tution to manufacture, import, offer to the RIGHT MANAGEMENT INFORMATION.—No per- formation for a category of works is set in a public, provide, or otherwise traffic in any son shall, without the authority of the copy- voluntary, consensus standard-setting proc- technology which circumvents a techno- right owner or the law— ess involving a representative cross-section logical protection measure. ‘‘(1) intentionally remove or alter any of radio or television broadcast stations or ‘‘(5) In order for a library or archives to copyright management information, cable systems and copyright owners of a cat- qualify for the exemption under this sub- ‘‘(2) distribute or import for distribution egory of works that are intended for public section, the collections of that library or ar- copyright management information knowing performance by such stations or systems, a chives shall be— that the copyright management information person identified in subsection (e)(1) shall ‘‘(A) open to the public; or has been removed or altered without author- not be liable for a violation of subsection (b) ‘‘(B) available not only to researchers af- ity of the copyright owner or the law, or with respect to the particular copyright filiated with the library or archives or with ‘‘(3) distribute, import for distribution, or management information addressed by such the institution of which it is a part, but also publicly perform works, copies of works, or standard if— to other persons doing research in a special- phonorecords, knowing that copyright man- ‘‘(i) the placement of such information by ized field. agement information has been removed or someone other than such person is not in ac- ‘‘(e) LAW ENFORCEMENT AND INTELLIGENCE altered without authority of the copyright cordance with such standard; and ACTIVITIES.—This section does not prohibit owner or the law, ‘‘(ii) the activity that constitutes such vio- any lawfully authorized investigative, pro- lation is not intended to induce, enable, fa- tective, or intelligence activity of an officer, knowing, or, with respect to civil remedies cilitate or conceal infringement. agent or employee of the United States, a under section 1203, having reasonable ‘‘(B) Until a digital transmission standard State, or a political subdivision of a State, grounds to know, that it will induce, enable, has been set pursuant to subparagraph (A) or a person acting pursuant to a contract facilitate or conceal an infringement of any with respect to the placement of copyright with such entities. right under this title. management information for a category or ‘‘(f) Notwithstanding the provisions of sub- ‘‘(c) DEFINITION.—As used in this chapter, works, a person identified in subsection (e)(1) section (a)(1), a person who has lawfully ob- ‘copyright management information’ means shall not be liable for a violation of sub- tained the right to use a copy of a computer the following information conveyed in con- section (b) with respect to such copyright program may circumvent a technological nection with copies or phonorecords of a management information, where the activity protection measure that effectively controls work or performances or displays of a work, that constitutes such violation is not in- access to a particular portion of that pro- including in digital form— tended to induce, enable, facilitate or con- gram for the sole purpose of identifying and ‘‘(1) the title and other information identi- ceal infringement, if— analyzing those elements of the program fying the work, including the information ‘‘(i) the transmission of such information that are necessary to achieve interoper- set forth on a notice of copyright; by such person would result in a perceptible ability of an independently created computer ‘‘(2) the name of, and other identifying in- visual or aural degradation of the digital sig- program with other programs, and that have formation about, the author of a work; nal; or not previously been readily available to the ‘‘(3) the name of, and other identifying in- ‘‘(ii) the transmission of such information person engaging in the circumvention, to the formation about, the copyright owner of the by such person would conflict with— extent any such acts of identification and work, including the information set forth in ‘‘(I) an applicable government regulation analysis do not constitute infringement a notice of copyright; relating to transmission of information in a under this title. ‘‘(4) with the exception of public perform- digital signal; ‘‘(g) Notwithstanding the provisions of sub- ances of works by radio and television broad- ‘‘(II) an applicable industry-wide standard sections (a)(2) and (b), a person may develop cast stations the name of, and other identi- relating to the transmission of information and employ technological means to cir- fying information about, a performer whose in a digital signal that was adopted by a vol- cumvent for the identification and analysis performance is fixed in a work other than an untary consensus standards body prior to the described in subsection (f), or for the limited audiovisual work; effective date of this section; or purpose of achieving interoperability of an ‘‘(5) with the exception of public perform- ‘‘(III) an applicable industry-wide standard independently created computer program ances of works by radio and television broad- relating to the transmission of information with other programs, where such means are cast stations, in the case of an audiovisual in a digital signal that was adopted in a vol- necessary to achieve such interoperability, work, the name of, and other identifying in- untary, consensus standards-setting process to the extent that doing so does not con- formation about, a writer, performer, or di- open to participation by a representative stitute infringement under this title. rector who is credited in the audiovisual cross-section of radio or television broadcast ‘‘(h) The information acquired through the work; stations or cable systems and copyright own- acts permitted under subsection (f), and the ‘‘(6) terms and conditions for use of the ers of a category of works that are intended means permitted under subsection (g), may work; for public performance by such stations or be made available to others if the person re- ‘‘(7) identifying numbers or symbols refer- systems. ferred to in subsections (f) or (g) provides ring to such information or links to such in- ‘‘§ 1203. Civil remedies such information or means solely for the formation; or ‘‘(a) CIVIL ACTIONS.—Any person injured by purpose of achieving interoperability of an ‘‘(8) such other information as the Register a violation of section 1201 or 1202 may bring independently created computer program of Copyrights may prescribe by regulation, a civil action in an appropriate United with other programs, and to the extent that except that the Register of Copyrights may States district court for such violation. doing so does not constitute infringement not require the provision of any information ‘‘(b) POWERS OF THE COURT.—In an action under this title, or violate applicable law concerning the user of a copyrighted work. brought under subsection (a), the court— other than this title. ‘‘(d) LAW ENFORCEMENT AND INTELLIGENCE ‘‘(1) may grant temporary and permanent ‘‘(i) For purposes of subsections (f), (g), and ACTIVITIES.—This section does not prohibit injunctions on such terms as it deems rea- (h), the term ‘‘interoperability’’ means the any lawfully authorized investigative, pro- sonable to prevent or restrain a violation; ability of computer programs to exchange tective, or intelligence activity of an officer, ‘‘(2) at any time while an action is pending, information, and for such programs mutu- agent, or employee of the United States, a may order the impounding, on such terms as ally to use the information which has been State, or a political subdivision of a State, it deems reasonable, of any device or product exchanged. or a person acting pursuant to a contract that is in the custody or control of the al- ‘‘(j) In applying subsection (a) to a compo- with such entities. leged violator and that the court has reason- nent or part, the court may consider the ne- ‘‘(e) LIMITATIONS ON LIABILITY.— able cause to believe was involved in a viola- cessity for its intended and actual incorpora- ‘‘(1) ANALOG TRANSMISSIONS.—In the case of tion; tion in a technology, product, service or de- an analog transmission, a person who is ‘‘(3) may award damages under subsection vice, which (i) does not itself violate the pro- making transmissions in its capacity as a (c); visions of this chapter and (ii) has the sole radio or television broadcast station, or as a ‘‘(4) in its discretion may allow the recov- purpose to prevent the access of minors to cable system, or someone who provides pro- ery of costs by or against any party other material on the Internet. gramming to such station or system, shall than the United States or an officer thereof; ‘‘§ 1202. Integrity of copyright management not be liable for a violation of subsection (b) ‘‘(5) in its discretion may award reasonable information if— attorney’s fees to the prevailing party; and ‘‘(a) FALSE COPYRIGHT MANAGEMENT INFOR- ‘‘(A) avoiding the activity that constitutes ‘‘(6) may, as part of a final judgment or de- MATION.—No person shall knowingly and such violation is not technically feasible or cree finding a violation, order the remedial with the intent to induce, enable, facilitate would create an undue financial hardship on modification or the destruction of any device or conceal infringement— such person; and or product involved in the violation that is May 14, 1998 CONGRESSIONAL RECORD — SENATE S4897 in the custody or control of the violator or vides any defense or element of mitigation in ‘‘(4) no such copy of such material made by has been impounded under paragraph (2). a criminal prosecution or civil action under, the service provider is maintained on the ‘‘(c) AWARD OF DAMAGES.— any Federal or State law that prevents the system or network in a manner ordinarily ‘‘(1) IN GENERAL.—Except as otherwise pro- violation of the privacy of an individual in accessible to anyone other than anticipated vided in this chapter, a person committing a connection with the individual’s use of the recipients, and no such copy is maintained violation of section 1201 or 1202 is liable for Internet.’’. on the system or network in a manner ordi- either— SEC. 104. CONFORMING AMENDMENT. narily accessible to the anticipated recipi- ‘‘(A) the actual damages and any addi- The table of chapters for title 17, United ents for a longer period than is reasonably tional profits of the violator, as provided in States Code, is amended by adding at the end necessary for the communication; and paragraph (2), or the following: ‘‘(5) the material is transmitted without ‘‘(B) statutory damages, as provided in ‘‘12. Copyright Protection and Man- modification to its content. paragraph (3). agement Systems ...... 1201’’. ‘‘(b) SYSTEM CACHING.—A service provider shall not be liable for monetary relief, or ex- ‘‘(2) ACTUAL DAMAGES.—The court shall SEC. 105. EFFECTIVE DATE. cept as provided in subsection (i) for injunc- award to the complaining party the actual (a) IN GENERAL.—Subject to subsection (b), tive or other equitable relief, for infringe- damages suffered by the party as a result of the amendments made by this title shall ment for the intermediate and temporary the violation, and any profits of the violator take effect on the date of the enactment of storage of material on the system or net- that are attributable to the violation and are this Act. work controlled or operated by or for the not taken into account in computing the ac- (b) AMENDMENTS RELATING TO CERTAIN service provider, where (i) such material is tual damages, if the complaining party INTERNATIONAL AGREEMENTS.—(1) The follow- elects such damages at any time before final ing shall take effect upon entry into force of made available online by a person other than judgment is entered. the WIPO Copyright Treaty with respect to such service provider, (ii) such material is transmitted from the person described in ‘‘(3) STATUTORY DAMAGES.— the United States: clause (i) through such system or network to ‘‘(A) At any time before final judgment is (A) paragraph (5) of the definition of someone other than that person at the direc- entered, a complaining party may elect to ‘‘international agreement’’ contained in sec- tion of such other person, and (iii) the stor- recover an award of statutory damages for tion 101 of title 17, United States Code, as age is carried out through an automatic each violation of section 1201 in the sum of amended by section 102(a)(8) of this title. technical process for the purpose of making not less than $200 or more than $2,500 per act (B) the amendment made by section such material available to users of such sys- of circumvention, device, product, compo- 102(a)(10) of this title; tem or network who subsequently request nent, offer, or performance of service, as the (C) subparagraph (C) of section 104A(h)(1) access to that material from the person de- court considers just. of title 17, United States Code, as amended scribed in clause (i), provided that: ‘‘(B) At any time before final judgment is by section 102(c)(1) of this title; and ‘‘(1) such material is transmitted to such entered, a complaining party may elect to (D) subparagraph (C) of section 104A(h)(3) subsequent users without modification to its recover an award of statutory damages for of title 17, United States Code, as amended content from the manner in which the mate- each violation of section 1202 in the sum of by section 102(c)(2) of this title. rial otherwise was transmitted from the per- not less than $2,500 or more than $25,000. (2) The following shall take effect upon the son described in clause (i); ‘‘(4) REPEATED VIOLATIONS.—In any case in entry into force of the WIPO Performances ‘‘(2) such service provider complies with which the injured party sustains the burden and Phonograms Treaty with respect to the rules concerning the refreshing, reloading or of proving, and the court finds, that a person United States: other updating of such material when speci- has violated section 1201 or 1202 within three (A) paragraph (6) of the definition of fied by the person making that material years after a final judgment was entered ‘‘international agreement’’ contained in sec- available online in accordance with an ac- against the person for another such viola- tion 101 of title 17, United States Code, as cepted industry standard data communica- tion, the court may increase the award of amended by section 102(a)(8) of this title. tions protocol for the system or network damages up to triple the amount that would (B) the amendment made by section through which that person makes the mate- otherwise be awarded, as the court considers 102(a)(11) of this title; rial available; provided that the rules are not just. (C) the amendment made by section used by the person described in clause (i) to ‘‘(5) INNOCENT VIOLATIONS.— 102(b)(7) of this title; prevent or unreasonably impair such inter- ‘‘(A) IN GENERAL.—The court in its discre- (D) Subparagraph (D) of section 104A(h)(1) mediate storage; tion may reduce or remit the total award of of title 17, United States Code, as amended ‘‘(3) such service provider does not inter- damages in any case in which the violator by section 102(c)(2) of this title; and fere with the ability of technology associ- sustains the burden of proving, and the court (E) the amendment made by section ated with such material that returns to the finds, that the violator was not aware and 102(c)(4) of this title; and person described in clause (i) the informa- had no reason to believe that its acts con- (F) the amendment made by section tion that would have been available to such stituted a violation. 102(c)(5) of this title. person if such material had been obtained by ‘‘(B) NONPROFIT LIBRARY, ARCHIVES, OR EDU- TITLE II—INTERNET COPYRIGHT such subsequent users directly from such CATIONAL INSTITUTIONS.—In the case of a non- INFRINGEMENT LIABILITY person, provided that such technology— profit library, archives, or educational insti- SEC. 201. SHORT TITLE. ‘‘(A) does not significantly interfere with tution, the court shall remit damages in any This title may be cited as the ‘‘Internet the performance of the provider’s system or case in which the library, archives, or edu- Copyright Infringement Liability Clarifica- network or with the intermediate storage of cational institution sustains the burden of tion Act of 1998’’. the material; proving, and the court finds, that the li- SEC. 202. LIMITATIONS ON LIABILITY FOR INTER- ‘‘(B) is consistent with accepted industry brary, archives, or educational institution NET COPYRIGHT INFRINGEMENT. standard communications protocols; and was not aware and had no reason to believe (a) IN GENERAL.—Chapter 5 of title 17, ‘‘(C) does not extract information from the that its acts constituted a violation. United States Code, is amended by adding provider’s system or network other than the ‘‘§ 1204. Criminal offenses and penalties after section 511 the following new section: information that would have been available ‘‘(a) IN GENERAL.—Any person who violates ‘‘§ 512. Liability of service providers for on- to such person if such material had been section 1201 or 1202 willfully and for purposes line infringement of copyright accessed by such users directly from such of commercial advantage or private financial ‘‘(a) DIGITAL NETWORK COMMUNICATIONS.—A person; gain— service provider shall not be liable for mone- ‘‘(4) either— ‘‘(1) shall be fined not more than $500,000 or tary relief, or except as provided in sub- ‘‘(A) the person described in clause (i) does imprisoned for not more than 5 years, or section (i) for injunctive or other equitable not currently condition access to such mate- both for the first offense; and relief, for infringement for the provider’s rial; or ‘‘(2) shall be fined not more than $1,000,000 transmitting, routing, or providing connec- ‘‘(B) if access to such material is so condi- or imprisoned for not more than 10 years, or tions for, material through a system or net- tioned by such person, by a current individ- both for any subsequent offense. work controlled or operated by or for the ual pre-condition, such as a pre-condition ‘‘(b) LIMITATION FOR NONPROFIT LIBRARY, service provider, or the intermediate and based on payment of a fee, or provision of a ARCHIVES, OR EDUCATIONAL INSTITUTION.— transient storage of such material in the password or other information, the service Subsection (a) shall not apply to a nonprofit course of such transmitting, routing or pro- provider permits access to the stored mate- library, archives, or educational institution. viding connections, if— rial in significant part only to users of its ‘‘(c) STATUTE OF LIMITATIONS.—Notwith- ‘‘(1) it was initiated by or at the direction system or network that have been so author- standing section 507(a) of this title, no crimi- of a person other than the service provider; ized and only in accordance with those con- nal proceeding shall be brought under this ‘‘(2) it is carried out through an automatic ditions; and section unless such proceeding is commenced technical process without selection of such ‘‘(5) if the person described in clause (i) within five years after the cause of action material by the service provider; makes that material available online with- arose. ‘‘(3) the service provider does not select the out the authorization of the copyright ‘‘§ 1205. Savings Clause recipients of such material except as an owner, then the service provider responds ex- ‘‘Nothing in this chapter abrogates, dimin- automatic response to the request of an- peditiously to remove, or disable access to, ishes or weakens the provisions of, nor pro- other; the material that is claimed to be infringing S4898 CONGRESSIONAL RECORD — SENATE May 14, 1998 upon notification of claimed infringements ‘‘(vi) a statement that the information in that is removed, or to which access is dis- described in subsection (c)(3); provided that the notification is accurate, and under pen- abled by the service provider pursuant to a the material has previously been removed alty of perjury, that the complaining party notice provided under subsection (c)(1)(C), from the originating site, and the party giv- has the authority to enforce the owner’s unless the service provider— ing the notification includes in the notifica- rights that are claimed to be infringed. ‘‘(A) takes reasonable steps promptly to tion a statement confirming that such mate- ‘‘(B) A notification from the copyright notify the subscriber that it has removed or rial has been removed or access to it has owner or from a person authorized to act on disabled access to the material; been disabled or ordered to be removed or behalf of the copyright owner that fails sub- ‘‘(B) upon receipt of a counter notice as de- have access disabled. stantially to conform to the provisions of scribed in paragraph (3), promptly provides ‘‘(c) INFORMATION STORED ON SERVICE PRO- paragraph (3)(A) shall not be considered the person who provided the notice under VIDERS.— under paragraph (1)(A) in determining subsection (c)(1)(C) with a copy of the ‘‘(1) IN GENERAL.—A service provider shall whether a service provider has actual knowl- counter notice, and informs such person that not be liable for monetary relief, or except as edge or is aware of facts or circumstances it will replace the removed material or cease provided in subsection (i) for injunctive or from which infringing activity is apparent, disabling access to it in ten business days; other equitable relief, for infringement for provided that the provider promptly at- and the storage at the direction of a user of ma- tempts to contact the complaining party or ‘‘(C) replaces the removed material and terial that resides on a system or network takes other reasonable steps to assist in the ceases disabling access to it not less than controlled or operated by or for the service receipt of notice under paragraph (3)(A) when ten, nor more than fourteen, business days provider, if the service provider— the notice is provided to the service provid- following receipt of the counter notice, un- ‘‘(A)(i) does not have actual knowledge er’s designated agent and substantially satis- less its designated agent first receives notice that the material or activity is infringing, fies the provisions of paragraphs (3)(A) (ii), from the person who submitted the notifica- ‘‘(ii) in the absence of such actual knowl- (iii), and (iv). tion under subsection (c)(1)(C) that such per- edge, is not aware of facts or circumstances ‘‘(d) INFORMATION LOCATION TOOLS.—A son has filed an action seeking a court order from which infringing activity is apparent, service provider shall not be liable for mone- to restrain the subscriber from engaging in or tary relief, or except as provided in sub- infringing activity relating to the material ‘‘(iii) if upon obtaining such knowledge or section (i) for injunctive or other equitable on the service provider’s system or network. awareness, the service provider acts expedi- relief, for infringement for the provider re- ‘‘(3) To be effective under this subsection, tiously to remove or disable access to, the ferring or linking users to an online location a counter notification means any written material; containing infringing material or activity by communication provided to the service pro- ‘‘(B) does not receive a financial benefit di- using information location tools, including a vider’s designated agent that includes sub- rectly attributable to the infringing activ- directory, index, reference, pointer or hyper- stantially the following: ity, where the service provider has the right text link, if the provider— ‘‘(A) a physical or electronic signature of and ability to control such activity; and ‘‘(1) does not have actual knowledge that the subscriber; ‘‘(C) in the instance of a notification of the material or activity is infringing or, in ‘‘(B) identification of the material that has claimed infringement as described in para- the absence of such actual knowledge, is not been removed or to which access has been graph (3), responds expeditiously to remove, aware of facts or circumstances from which disabled and the location at which such ma- or disable access to, the material that is infringing activity is apparent; terial appeared before it was removed or ac- claimed to be infringing or to be the subject ‘‘(2) does not receive a financial benefit di- of infringing activity. cess was disabled; rectly attributable to the infringing activ- ‘‘(C) a statement under penalty of perjury ‘‘(2) DESIGNATED AGENT.—The limitations ity, where the service provider has the right that the subscriber has a good faith belief on liability established in this subsection and ability to control such activity; and apply only if the service provider has des- that the material was removed or disabled as ‘‘(3) responds expeditiously to remove or a result of mistake or misidentification of ignated an agent to receive notifications of disable the reference or link upon notifica- claimed infringement described in paragraph the material to be removed or disabled; tion of claimed infringement as described in ‘‘(D) the subscriber’s name, address and (3), by substantially making the name, ad- subsection (c)(3); provided that for the pur- dress, phone number, electronic mail address telephone number, and a statement that the poses of this paragraph, the element in sub- subscriber consents to the jurisdiction of of such agent, and other contact information section (c)(3)(A)(iii) shall be identification of deemed appropriate by the Register of Copy- Federal Court for the judicial district in the reference or link, to material or activity which the address is located, or if the sub- rights, available through its service, includ- claimed to be infringing, that is to be re- ing on its website, and by providing such in- scriber’s address is outside of the United moved or access to which is to be disabled, States, for any judicial district in which the formation to the Copyright Office. The Reg- and information reasonably sufficient to per- ister of Copyrights shall maintain a current service provider may be found, and that the mit the service provider to locate such ref- subscriber will accept service of process from directory of agents available to the public erence or link. for inspection, including through the Inter- the person who provided notice under sub- ‘‘(e) MISREPRESENTATIONS.—Any person section (c)(1)(C) or agent of such person. net, in both electronic and hard copy for- who knowingly materially misrepresents ‘‘(4) A service provider’s compliance with mats. under this section (1) that material or activ- paragraph (2) shall not subject the service ‘‘(3) ELEMENTS OF NOTIFICATION.— ity is infringing, or (2) that material or ac- provider to liability for copyright infringe- ‘‘(A) To be effective under this subsection, tivity was removed or disabled by mistake or ment with respect to the material identified a notification of claimed infringement misidentification, shall be liable for any in the notice provided under subsection means any written communication provided damages, including costs and attorneys’ fees, (c)(1)(C). to the service provider’s designated agent incurred by the alleged infringer, by any ‘‘(g) IDENTIFICATION OF DIRECT INFRINGER.— that includes substantially the following: copyright owner or copyright owner’s au- ‘‘(i) a physical or electronic signature of a The copyright owner or a person authorized thorized licensee, or by the service provider, to act on the owner’s behalf may request an person authorized to act on behalf of the who is injured by such misrepresentation, as owner of an exclusive right that is allegedly order for release of identification of an al- the result of the service provider relying leged infringer by filing (i) a copy of a notifi- infringed; upon such misrepresentation in removing or cation described in subsection (c)(3)(A), in- ‘‘(ii) identification of the copyrighted work disabling access to the material or activity cluding a proposed order, and (ii) a sworn claimed to have been infringed, or, if mul- claimed to be infringing, or in replacing the declaration that the purpose of the order is tiple such works at a single online site are removed material or ceasing to disable ac- to obtain the identity of an alleged infringer covered by a single notification, a represent- cess to it. and that such information will only be used ative list of such works at that site; ‘‘(f) REPLACEMENT OF REMOVED OR DIS- for the purpose of this title, with the clerk of ‘‘(iii) identification of the material that is ABLED MATERIAL AND LIMITATION ON OTHER any United States district court. The order claimed to be infringing or to be the subject LIABILITY.— shall authorize and order the service pro- of infringing activity that is to be removed ‘‘(1) Subject to paragraph (2) of this sub- vider receiving the notification to disclose or access to which is to be disabled, and in- section, a service provider shall not be liable expeditiously to the copyright owner or per- formation reasonably sufficient to permit to any person for any claim based on the son authorized by the copyright owner infor- the service provider to locate the material; service provider’s good faith disabling of ac- mation sufficient to identify the alleged di- ‘‘(iv) information reasonably sufficient to cess to, or removal of, material or activity rect infringer of the material described in permit the service provider to contact the claimed to be infringing or based on facts or the notification to the extent such informa- complaining party, such as an address, tele- circumstances from which infringing activ- tion is available to the service provider. The phone number, and, if available an electronic ity is apparent, regardless of whether the order shall be expeditiously issued if the ac- mail address at which the complaining party material or activity is ultimately deter- companying notification satisfies the provi- may be contacted; mined to be infringing. sions of subsection (c)(3)(A) and the accom- ‘‘(v) a statement that the complaining ‘‘(2) Paragraph (1) of this subsection shall panying declaration is properly executed. party has a good faith belief that use of the not apply with respect to material residing Upon receipt of the order, either accompany- material in the manner complained of is not at the direction of a subscriber of the service ing or subsequent to the receipt of a notifica- authorized by the copyright owner, or its provider on a system or network controlled tion described in subsection (c)(3)(A), a serv- agent, or the law; and or operated by or for the service provider ice provider shall expeditiously give to the May 14, 1998 CONGRESSIONAL RECORD — SENATE S4899 copyright owner or person authorized by the taken to prevent or restrain the infringe- tions for copyright infringement committed copyright owner the information required by ment; with the use of computer systems for which the order, notwithstanding any other provi- ‘‘(C) whether implementation of such an such an institution is a service provider, as sion of law and regardless of whether the injunction would be technically feasible and that term is defined in section 512 of title 17, service provider responds to the notification. effective, and would not interfere with access United States Code, (as amended by this ‘‘(h) CONDITIONS FOR ELIGIBILITY.— to noninfringing material at other online lo- Act), including recommendations for legisla- ‘‘(1) ACCOMMODATION OF TECHNOLOGY.—The cations; and tion the Register of Copyrights considers ap- limitations on liability established by this ‘‘(D) whether other less burdensome and propriate regarding such liability, if any. section shall apply only if the service pro- comparably effective means of preventing or (b) In formulating recommendations, the vider— restraining access to the infringing material Register of Copyrights shall consider, where ‘‘(A) has adopted and reasonably imple- are available. relevant— mented, and informs subscribers of the serv- ‘‘(3) NOTICE AND EX PARTE ORDERS.—Injunc- (1) current law regarding the direct, vicari- ice of, a policy for the termination of sub- tive relief under this subsection shall not be ous, and contributory liability of nonprofit scribers of the service who are repeat in- available without notice to the service pro- educational institutions for infringement by fringers; and vider and an opportunity for such provider to faculty, administrative employees, students, ‘‘(B) accommodates and does not interfere appear, except for orders ensuring the preser- graduate students, and students who are em- with standard technical measures as defined vation of evidence or other orders having no ployees of a nonprofit educational institu- in this subsection. material adverse effect on the operation of tion; ‘‘(2) DEFINITION.—As used in this section, the service provider’s communications net- (2) other users of their computer systems ‘‘standard technical measures’’ are technical work. for whom nonprofit educational institutions measures, used by copyright owners to iden- ‘‘(j) DEFINITIONS.— may be responsible; tify or protect copyrighted works, that— ‘‘(1)(A) As used in subsection (a), the term (3) the unique nature of the relationship ‘‘(A) have been developed pursuant to a ‘‘service provider’’ means an entity offering between nonprofit educational institutions broad consensus of copyright owners and the transmission, routing or providing of and faculty; service providers in an open, fair, voluntary, connections for digital online communica- (4) what policies nonprofit educational in- multi-industry standards process; tions, between or among points specified by stitutions should adopt regarding copyright ‘‘(B) are available to any person on reason- a user, of material of the user’s choosing, infringement by users of their computer sys- able and nondiscriminatory terms; and without modification to the content of the tems; ‘‘(C) do not impose substantial costs on material as sent or received. (5) what technological measures are avail- service providers or substantial burdens on ‘‘(B) As used in any other subsection of able to monitor infringing uses; their systems or networks. this section, the term ‘‘service provider’’ (6) what monitoring of their computer sys- ‘‘(i) INJUNCTIONS.—The following rules means a provider of online services or net- tems by nonprofit educational institutions is shall apply in the case of any application for work access, or the operator of facilities appropriate; an injunction under section 502 against a therefor, and includes an entity described in (7) what due process nonprofit educational service provider that is not subject to mone- the preceding paragraph of this subsection. institutions should afford in disabling access tary remedies by operation of this section: ‘‘(2) As used in this section, the term by users of their computer systems who are ‘‘(1) SCOPE OF RELIEF.— ‘‘monetary relief’’ means damages, costs, at- alleged to have committed copyright in- ‘‘(A) With respect to conduct other than torneys’ fees, and any other form of mone- fringement; that which qualifies for the limitation on tary payment. (8) what distinctions, if any, should be remedies as set forth in subsection (a), the ‘‘(k) OTHER DEFENSES NOT AFFECTED.—The drawn between computer systems which may court may only grant injunctive relief with failure of a service provider’s conduct to be accessed from outside the nonprofit edu- respect to a service provider in one or more qualify for limitation of liability under this cational systems, those which may not, and of the following forms: section shall not bear adversely upon the combinations thereof; ‘‘(i) an order restraining it from providing consideration of a defense by the service pro- (9) the tradition of academic freedom; and access to infringing material or activity re- vider that the service provider’s conduct is (10) such other issues relating to the liabil- siding at a particular online site on the pro- not infringing under this title or any other ity of nonprofit educational institutions for vider’s system or network; defense. copyright infringement committed with the ‘‘(ii) an order restraining it from providing ‘‘(l) PROTECTION OF PRIVACY.—Nothing in use of computer systems for which such an access to an identified subscriber of the serv- this section shall be construed to condition institution is a service provider that the ice provider’s system or network who is en- the applicability of subsections (a) through Register considers appropriate. gaging in infringing activity by terminating (d) on— SEC. 205. EFFECTIVE DATE. the specified accounts of such subscriber; or ‘‘(1) a service provider monitoring its serv- This title and the amendments made by ‘‘(iii) such other injunctive remedies as the ice or affirmatively seeking facts indicating this title shall take effect on the date of the court may consider necessary to prevent or infringing activity except to the extent con- enactment of this Act. restrain infringement of specified copy- sistent with a standard technical measure TITLE III—COMPUTER MAINTENANCE OR righted material at a particular online loca- complying with the provisions of subsection REPAIR tion, provided that such remedies are the (h); or ‘‘(2) a service provider accessing, removing, SEC. 301. LIMITATION ON EXCLUSIVE RIGHTS; least burdensome to the service provider COMPUTER PROGRAMS. or disabling access to material where such that are comparably effective for that pur- Section 117 of title 17, United States Code, conduct is prohibited by law. pose. is amended— ‘‘(m) RULE OF CONSTRUCTION.—Subsections ‘‘(B) If the service provider qualifies for (1) by striking ‘‘Notwithstanding’’ and in- (a), (b), (c), and (d) are intended to describe the limitation on remedies described in sub- serting the following: separate and distinct functions for purposes section (a), the court may only grant injunc- ‘‘(a) MAKING OF ADDITIONAL COPY OR ADAP- of analysis under this section. Whether a tive relief in one or both of the following TATION BY OWNER OF COPY.—Notwithstand- service provider qualifies for the limitation forms: ing’’; on liability in any one such subsection shall ‘‘(i) an order restraining it from providing (2) by striking ‘‘Any exact’’ and inserting be based solely on the criteria in each such access to an identified subscriber of the serv- the following: subsection and shall not affect a determina- ice provider’s system or network who is ‘‘(b) LEASE, SALE, OR OTHER TRANSFER OF tion of whether such service provider quali- using the provider’s service to engage in in- ADDITIONAL COPY OR ADAPTATION.—Any fringing activity by terminating the speci- fies for the limitations on liability under any exact’’; and fied accounts of such subscriber; or other such subsection.’’. (3) by adding at the end the following new ‘‘(ii) an order restraining it from providing SEC. 203. CONFORMING AMENDMENT. subsections: access, by taking specified reasonable steps The table of sections for chapter 5 of title ‘‘(c) MACHINE MAINTENANCE OR REPAIR.— to block access, to a specific, identified, for- 17, United States Code, is amended by adding Notwithstanding the provisions of section eign online location. at the end the following: 106, it is not an infringement for an owner or ‘‘(2) CONSIDERATIONS.—The court, in con- ‘‘512. Liability of service providers for online lessee of a machine to make or authorize the sidering the relevant criteria for injunctive infringement of copyright.’’. making of a copy of a computer program if relief under applicable law, shall consider: SEC. 204. LIABILITY OF EDUCATIONAL INSTITU- such copy is made solely by virtue of the ac- ‘‘(A) whether such an injunction, either TIONS FOR ONLINE INFRINGEMENT tivation of a machine that lawfully contains alone or in combination with other such in- OF COPYRIGHT. an authorized copy of the computer program, junctions issued against the same service (a) Not later than six months after the for purposes only of maintenance or repair of provider under this subsection, would signifi- date of enactment of this Act, the Register that machine, if— cantly burden either the provider or the op- of Copyrights, after consultation with rep- ‘‘(1) such new copy is used in no other man- eration of the provider’s system or network; resentatives of copyright owners and non- ner and is destroyed immediately after the ‘‘(B) the magnitude of the harm likely to profit educational institutions, shall submit maintenance or repair is completed; and be suffered by the copyright owner in the to the Congress recommendations regarding ‘‘(2) with respect to any computer program digital network environment if steps are not the liability of nonprofit educational institu- or part thereof that is not necessary for that S4900 CONGRESSIONAL RECORD — SENATE May 14, 1998 machine to be activated, such program or (4) the parties who should be entitled to necessary to render perceptible a work part thereof is not accessed or used other the benefits of any distance education ex- stored in that format is no longer manufac- than to make such new copy by virtue of the emption; tured or is no longer reasonably available in activation of the machine. (5) the parties who should be designated as the commercial marketplace.’’. ‘‘(d) DEFINITIONS.—For purposes of this sec- eligible recipients of distance education ma- Mr. HATCH. Mr. President, I move to tion— terials under any distance education exemp- ‘‘(1) the ‘maintenance’ of a machine is the tion; reconsider the vote. servicing of the machine in order to make it (6) whether and what types of techno- Mr. SMITH of Oregon. I move to lay work in accordance with its original speci- logical measures can and/or should be em- that motion on the table. fications and any changes to those specifica- ployed to safeguard against unauthorized ac- The motion to lay on the table was tions authorized for that machine; and cess to, and use or retention of, copyrighted agreed to. ‘‘(2) the ‘repair’ of a machine is the restor- materials as a condition to eligibility for The PRESIDING OFFICER. The Sen- ing of the machine to the state of working in any distance education exemption, includ- ator from Mississippi. accordance with its original specifications ing, in light of developing technological ca- f and any changes to those specifications au- pabilities, the exemption set out in section thorized for that machine.’’. 110(2); MORNING BUSINESS TITLE IV—EPHEMERAL RECORDINGS; DIS- (7) the extent to which the availability of TANCE EDUCATION; EXEMPTION FOR LI- licenses for the use of copyrighted works in Mr. COCHRAN. Mr. President, I ask BRARIES AND ARCHIVES distance education through interactive digi- unanimous consent that there now be a tal networks should be considered in assess- SEC. 401. EPHEMERAL RECORDINGS. period for the transaction of routine ing eligibility for any distance education ex- Section 112 of title 17, United States Code morning business until 7 p.m., with is amended by— emption; and Senators permitted to speak for up to (8) such other issues relating to distance (1) redesignating section 112(a) as 112(a)(1), 10 minutes each. education through interactive digital net- and renumbering sections 112(a) (1), (2), and works that the Register considers appro- The PRESIDING OFFICER. Without (3) as sections 112(a)(1) (A), (B), and (C), re- priate. objection, it is so ordered. spectively; f (2) in section 112(a)(1), after the reference SEC. 403. EXEMPTION FOR LIBRARIES AND AR- CHIVES. to section 114(a), add the words ‘‘or for a Section 108 of title 17, United States Code, TRIBUTE TO REAR ADMIRAL transmitting organization that is a broad- is amended— KENDELL PEASE, USN cast radio or television station licensed as (1) in subsection (a) by— Mr. LOTT. Mr. President, I want to such by the Federal Communications Com- (A) striking ‘‘Notwithstanding’’ and insert- mission that broadcasts a performance of a ing ‘‘Except as otherwise provided and not- recognize and honor Rear Admiral sound recording in a digital format on a non- withstanding’’; Kendell Pease, United States Navy, as subscription basis,’’; (B) inserting after ‘‘no more than one copy he prepares to retire upon completion (3) adding new section 112(a)(2) as follows: of phonorecord of a work’’ the following: of more than 34 years of faithful serv- ‘‘(2) Where a transmitting organization en- ‘‘except as provided in subsections (b) and titled to make a copy or phonorecord under ice to our great nation. (c),’’; and A Boston native, Rear Admiral Pease section 112(a)(1) in connection with the (C) by inserting after ‘‘copyright’’ in clause transmission to the public of a performance grew up in Natick, Massachusetts, en- (3) the following: ‘‘if such notice appears on or display of a work pursuant to that section the copy or phonorecord that is reproduced listed in the United States Navy in 1963 is prevented from making such copy or pho- under the provisions of this section, or a leg- and was selected to attend the United norecord by reason of the application by the end stating that the work may be protected States Naval Academy. Upon gradua- copyright owner of technical measures that by copyright if no such notice can be found tion in 1968, he was commissioned an prevent the reproduction of the work, such on the copy or phonorecord that is repro- copyright owner shall make available to the Ensign and began a distinguished ca- duced under the provisions of this section’’; transmitting organization the necessary reer as a Public Affairs Officer. He ini- (2) in subsection (b) by— means for permitting the making of such tially served in the Republic of Viet- copy or phonorecord within the meaning of (A) striking ‘‘a copy or phonorecord’’ and nam and had follow-on public affairs inserting in lieu thereof ‘‘three copies or that section, provided that it is techno- assignments in Charleston, South logically feasible and economically reason- phonorecords’’; (B) striking ‘‘in facsimile form’’; and Carolina; Naples, Italy; and Norfolk, able for the copyright owner to do so, and Virginia. He served as the Public Af- provided further that, if such copyright (C) striking ‘‘if the copy or phonorecord re- owner fails to do so in a timely manner in produced is currently in the collections of fairs Officer for the Navy’s Atlantic light of the transmitting organization’s rea- the library or archives.’’ and inserting in Fleet, the Naval Academy, and was as- sonable business requirements, the transmit- lieu thereof ‘‘if— signed to multiple tours in Washington ting organization shall not be liable for a ‘‘(1) the copy or phonorecord reproduced is including the Department of Defense, currently in the collections of the library or violation of section 1201(a)(1) of this title for the On-Site Inspection Agency and the engaging in such activities as are necessary archives; and ‘‘(2) any such copy or phonorecord that is Department of the Navy. to make such copies or phonorecords as per- Since 1992, Rear Admiral Pease mitted under section 112(a)(1).’’. reproduced in digital format is not otherwise distributed in that format and is not made served as the Navy’s Chief of Informa- SEC. 402. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION. available to the public outside the premises tion. In this capacity, he has been in- (a) Not later than six months after the of the library or archives in that format.’’; strumental in educating the American date of enactment of this Act, the Register and public about the Navy’s role in protect- of Copyrights, after consultation with rep- (3) in subsection (c) by— ing American interests around the resentatives of copyright owners, nonprofit (A) striking ‘‘a copy or phonorecord’’ and inserting in lieu thereof ‘‘three copies or world. During his watch, he led hun- educational institutions and nonprofit li- dreds of successful efforts to commu- braries and archives, shall submit to the phonorecords’’; Congress recommendations on how to pro- (B) striking ‘‘in facsimile form’’; nicate Navy operations in areas from A mote distance education through digital (C) inserting ‘‘or if the existing format in to Z, Albania to Zaire, including Bos- technologies, including interactive digital which the work is stored has become obso- nia, the Persian Gulf and Somalia. He networks, while maintaining an appropriate lete,’’ after ‘‘stolen,’’; and also deserves tremendous credit for his balance between the rights of copyright own- (D) striking ‘‘if the library or archives has, efforts to communicate the need for ers and the needs of users. Such rec- after a reasonable effort, determined that an very important Navy programs such as unused replacement cannot be obtained at a ommendations shall include any legislation the SEAWOLF and NSSN submarine the Register of Copyrights considers appro- fair price.’’ and inserting in lieu thereof ‘‘if— priate to achieve the foregoing objective. ‘‘(1) the library or archives has, after a rea- programs; CVN 77 and CVX; DDG 51 (b) In formulating recommendations, the sonable effort, determined that an unused re- and DD 21; and Super Hornet. He ac- Register of Copyrights shall consider— placement cannot be obtained at a fair price; complished all of this while navigating (1) the need for an exemption from exclu- and the Navy through a number of conten- sive rights for distance education through ‘‘(2) any such copy or phonorecord that is tious issues, earning deep respect for digital networks; reproduced in digital format is not made his style of aggressively and honestly (2) the categories of works to be included available to the public in that format except communicating all of the facts. under any distance education exemption; for use on the premises of the library or ar- (3) the extent of appropriate quantitative chives in lawful possession of such copy.’’; Most significantly, Rear Admiral limitations on the portions of works that (E) adding at the end the following: ‘‘For Pease served as a passionate advocate may be used under any distance education purposes of this subsection, a format shall be for the Sailors in the Fleet—the men exemption; considered obsolete if the machine or device and women who serve far from home May 14, 1998 CONGRESSIONAL RECORD — SENATE S4901 anywhere, anytime, 24 hours a day, their stories each of us would realize God, his family, the people he worked seven days a week. Their welfare was the important role that peace officers for and with. He always had a smile on always his number one priority, for he play in our everyday lives. his face and a good word.’’ truly understood that Sailors are the While searching for the body of an 18 The bravery and commitment to backbone of our nation’s strategy of month old infant who had been lost in community that these men possessed forward presence, and providing them the Salmon River, William Inman, a will be carried on by their families. I with better internal communication Lemhi County deputy Sheriff, was am pleased to say that I have had the would make for a more successful Sail- killed when his hyper-light aircraft opportunity to spend time with the or. He focused on improving the Navy’s struck an unmarked power line and he families of both officers. internal communication tools and tragically plunged into the river. I met with the Inman family this methods—including improvements to Deputy Inman devoted his entire life morning, and yesterday I met with the the fleet-wide internal magazine (All to being an excellent police officer. He Stall family, with his wife and his Hands), the television program ‘‘Navy was a Sergeant in the police force in daughters and also with his mother and and Marine Corps News’’ shown each Peoria, Illinois, where he retired in father, with his mother-in-law and fa- week aboard ships at sea, and a new order to become the Chief of Police in ther-in-law, brothers and sisters and all of their children. What a beautiful program to take satellite television di- Farmington. After retiring from the family. The only thing that was miss- rect to Sailors at sea. Rear Admiral Farmington force he moved to Salmon, ing was Mark. But you can see the Pease made it his mission to ensure Idaho, where he went to work as Sher- blessing that Mark had given to that that opinion leaders and decision mak- iff’s Deputy for Lemhi County. After family because of the wonderful memo- ers understood the special needs of his death deputy Inman was inducted posthumously into the American Po- ries of a great man. He will be missed Sailors and their families. greatly by his community and by his An individual of exceptional char- lice Hall of Fame. William Inman was a father of four family, but every life that Mark acter and uncommon vision, this great touched will be blessed because of his Nation and our military are indebted children: Maria, Tracy, Jeff and Jen- nifer and was a loving husband to his being here. to Rear Admiral Pease for his many The strength and perseverance that wife Donna. Along with spending as years of outstanding service. I am is exemplified by each of them is an in- proud, Mr. President, to thank him for much time with his family as he could, spiration to me. My thoughts and pray- his honorable service in the United Bill was an avid outdoorsman. ers go out to these families and others Bill Inman will be greatly missed by States Navy and to wish him ‘‘fair that have been devastated by this type winds and following seas’’ as he closes many, many people. of senseless loss. his distinguished military career. The second tragedy struck Idaho’s This resolution is not the answer to Mr. KEMPTHORNE addressed the capital city of Boise in the early morn- the meaningless violence that occurs in Chair. ing hours of September 20, 1997. Boise our communities but it is a small at- The PRESIDING OFFICER. The Sen- Police Officer Mark Stall pulled over a tempt to celebrate and memorialize ator from Idaho. car bearing Pennsylvania plates that the lives of the officers who serve and Mr. KEMPTHORNE. Thank you, Mr. had committed a traffic violation. The protect us. I would like to thank my President. driver and passenger of the vehicle re- colleagues for their cosponsorship and f fused to cooperate with Officer Stall’s would like to again thank the officers requests, when the driver suddenly re- and the families that have come from NATIONAL PEACE OFFICERS moved a gun from under his coat and all fifty states to our Nation’s capital MEMORIAL DAY shot Officer Stall. Officer Stall, in- on this special day to eulogize these of- Mr. KEMPTHORNE. Mr. President, I flicted with a mortal gunshot wound, ficers that have given the greatest sac- stand today as the sponsor of Senate fell back to his patrol vehicle for cover rifice of all—their lives—in the per- Resolution 201 designating May 15, and continued firing at the men in formance of their duties. 1998, as National Peace Officers Memo- order to protect other Bosie officers in Mr. President, I know I speak for all rial Day. the ensuing gunfight. Both Officer Senators and for Americans when I sa- This is the fifth year in a row that I Mark Stall and the two assailants were lute the peace officers of America in all have sponsored this resolution and I killed. Mark Stall’s sacrifice protected the communities, large and small. am proud to be joined this year by 62 of not only the officers at the scene but When they perform their duties, they my Senate colleagues in honoring the the entire community, when a search are not sure what the outcome will be. brave men and women who serve this of the suspect’s residence revealed an They are never sure if it is going to be country as peace officers. arsenal of guns and explosive mate- a peaceful stop or one that ends in vio- Mr. President, tomorrow we will be rials. You know it was not for peaceful lence and the loss of life. adding the names of 159 officers to the purposes. I know many of the police officers National Law Enforcement Officers Officer Stall was an exemplary police throughout my State of Idaho. I am Memorial. Since the inception of this officer and set the standard for other proud to know each and every one of memorial, 14,662 peace officers names officers both in Boise and around the them, and I pray for their safety and have been inscribed on the wall. I am nation. He was a loving father to his that the officers will return safely to also pleased to share with my Col- daughters Jonelle and Julia, and a de- their families. leagues that tomorrow, at the State voted husband and best friend to his It is an honor to serve here, with all Police complex in Meridian, Idaho, the wife, Cheryl. Officer Stall was commit- of the police officers on Capitol Hill State will dedicate its own Law En- ted to his family, his community, his who we come to know personally. Again, they are an outstanding group forcement Memorial to those Idahoans job and above all his God. I would like of peace officers, as they are through- who have paid the ultimate sacrifice. to share with you an excerpt from an out this Nation. These memorials, and others around Idaho Statesman article that outlines Today, Mr. President, I thank the the nation, serve as proof that the indi- the lives of Idaho Peace Officers. In the Senate for properly acknowledging the viduals who serve this nation as our article Officer Heath Compton charac- role of peace officers and saying to the guardians of peace do so at great per- terized his hero, Mark Stall. ‘‘One Inman family and to the Stall family, sonal risk. There are few communities night quite a while back, I was driving thank you for your sacrifice. God bless in America that have not been touched down State Street in my patrol car, you and may you have peace in the by the senseless death of a peace officer when a Boise police officer shined his days that follow. by violent means. Last year, two com- spotlight in my face. I stopped to talk Thank you, Mr. President. munities in Idaho experienced the trag- with him. I had never met the officer f ic deaths of two very talented and before, but realized quickly that he was brave officers. I would like to share very likable. He introduced himself as THE VERY BAD DEBT BOXSCORE with you the sacrifices these men gave Mark Stall. Over the next several Mr. HELMS. Mr. President, at the to protect the sanctity of their commu- months, I got to know Mark quite well. close of business yesterday, Wednes- nities. It is my hope that while I relay What I learned was that Mark loved day, May 13, 1998, the federal debt S4902 CONGRESSIONAL RECORD — SENATE May 14, 1998 stood at $5,492,157,484,525.10 (Five tril- MEASURES REFERRED Resolved further, That the Clerk of the Sen- lion, four hundred ninety-two billion, The following bill was read the first ate transmit copies of this resolution to the Speaker of the United States House of Rep- one hundred fifty-seven million, four and second times by unanimous con- hundred eighty-four thousand, five resentatives, the President of the United sent and referred as indicated: States Senate, the members of the Congres- hundred twenty-five dollars and ten H.R. 10. An act to enhance competition in sional Delegation of Virginia, and the Gov- cents). the financial services industry by providing ernor in order that they may be apprised of One year ago, May 13, 1997, the fed- a prudential framework for the affiliation of the sense of the Virginia General Assembly eral debt stood at $5,337,495,000,000 banks, securities firms, and other financial in this matter. (Five trillion, three hundred thirty- service providers, and for other purposes; to seven billion, four hundred ninety-five the Committee on Banking, Housing, and POM–402. A joint resolution adopted by the million). Urban Affairs. Legislature of the State of New Hampshire; f to the Committee on Rules and Administra- Five years ago, May 13, 1993, the fed- tion. eral debt stood at $4,247,269,000,000 PETITIONS AND MEMORIALS HOUSE JOINT RESOLUTION 21 (Four trillion, two hundred forty-seven The following petitions and memori- Whereas, the voters and citizens of the billion, two hundred sixty-nine mil- als were laid before the Senate and state of New Hampshire demand and are en- lion). were referred or ordered to lie on the titled to the highest level of integrity in the Ten years ago, May 13, 1988, the fed- table as indicated: electoral and legislative processes; and eral debt stood at $2,510,149,000,000 (Two Whereas, the general court has enacted POM–400. A resolution adopted by the Soci- laws to limit political contributions and po- trillion, five hundred ten billion, one ety of Guerrillas and Scouts International litical expenditures to improve the integrity hundred forty-nine million). relative to benefits for Filipino-American of the electoral and legislative processes; Fifteen years ago, May 13, 1983, the World War II veterans; to the Committee on and federal debt stood at $1,258,087,000,000 Veterans’ Affairs. Whereas, the general court has also en- POM–401. A joint resolution adopted by the (One trillion, two hundred fifty-eight acted laws requiring disclosure of contribu- Legislature of the Commonwealth of Vir- billion, eighty-seven million) which re- tions to candidates and gifts to elected offi- ginia; to the Committee on Environment and flects a debt increase of more than $4 cials to improve the integrity of the elec- Public Works. trillion—$4,234,070,484,525.10 (Four tril- toral and legislative processes; and lion, two hundred thirty-four billion, SENATE JOINT RESOLUTION NO. 85 Whereas, notwithstanding the desires of seventy million, four hundred eighty- Whereas, the people of the Commonwealth the voters and the citizens of the state of of Virginia revere the deeds of men and four thousand, five hundred twenty- New Hampshire, the United States Congress, women on both sides who struggled through relying upon article I, section 4 of the United five dollars and ten cents) during the four years of conflict, 1861–1865; and States Constitution, has preempted the past 15 years. Whereas, Virginia’s Civil War battlefields power of the states to regulate campaign fi- f are places of contemplation, reverence, and nancing in connection with elections for the education, and are of incalculable value to United Senate and House of Representatives; U.S. FOREIGN OIL CONSUMPTION the health and identity of the Common- and FOR WEEK ENDING MAY 8TH wealth and the nation; and Whereas, article I, section 4 of the United Mr. HELMS. Mr. President, the Whereas, the preservation of these hal- States Constitution was never intended to lowed places is critical to a tourism industry American Petroleum Institute’s report deprive the states of the authority to regu- that attracts millions of visitors and sup- late campaign financing; and for the week ending May 8, disclosed ports thousands of jobs across the Common- Whereas, recent hearings conducted by the that the U.S. imported 8,772,000 barrels wealth; and United States Senate have established that of oil each day, an increase of 1,206,000 Whereas, many of Virginia’s battlefields political parties receive large contributions barrels over the 7,566,000 imported sit astride important historic transportation of ‘‘soft money’’ in order to ‘‘buy’’ direct ac- every day during the same week a year corridors that link or traverse rapidly-grow- cess to Congress and to the President; and ing areas; and Whereas, the revelations concerning these ago. Whereas, a critical need exists to modern- Americans relied on foreign oil for contributions foster voter cynicism; and ize, expand, and modify many of the road- Whereas, the use of ‘‘soft money’’ by the 57.9 percent of their needs last week. ways and transportation systems on or near major parties has undermined the utility of There are no signs that the upward spi- these historic battlefields; and New Hampshire’s voluntary limitations on ral will abate. Before the Persian Gulf Whereas, the continued health and vitality political expenditures laws; and War, the United States obtained ap- of Virginia’s Civil War tourism industry de- Whereas, ‘‘soft money’’ contributions un- proximately 45 percent of its oil supply pends upon better long-range transportation dermine the campaign disclosure laws be- from foreign countries. During the planning and greater cooperation and dia- cause the source of the contributions is logue among the various stakeholders in the Arab oil embargo in the 1970s, foreign untraceable, thereby making it impossible nation’s historic resources and Virginia’s for the voter to determine the likelihood of oil accounted for only 35 percent of transportation system, including private improper influence on policy decisions; now, America’s oil supply. property owners and local governments; now, therefore, be it Politicians had better give consider- therefore, be it Resolved by the Senate and House of Rep- ation to the the economic calamity Resolved by the Senate, the House of Dele- resentatives in General Court convened: sure to occur in America if and when gates concurring, That Congress, the Gov- That the general court of the state of New foreign producers shut off our supply— ernor of the Commonwealth of Virginia, and Hampshire hereby urges the United States local governing bodies of those jurisdictions or double the already enormous cost of Congress to take such actions as are nec- where major Civil War battlefields are lo- essary to return to the states the power to imported oil flowing into the U.S.— cated be urged to identify, fund, and imple- regulate campaign financing in connection now 8,772,000 barrels a day. ment policies and programs to address trans- with elections for the United States Senate f portation needs within the historic battle- and House of Representatives and to take fields in Virginia. In developing legislation, immediate action to adequately regulate MESSAGES FROM THE HOUSE administrative policies and regulations af- ‘‘soft money’’ donations to political commit- At 5:34 p.m., a message from the fecting the National Park Service, the U.S. tees of political parties; and House of Representatives, delivered by Department of Transportation, the Common- That, if the United States Congress has not Mr. Hays, one of its reading clerks, an- wealth Transportation Board, and local taken such action prior to the commence- transportation agencies, the Congress, the nounced that the House has passed the ment of the filing period for the New Hamp- Governor, and affected local governing bod- shire presidential primary election, the sec- following bills, in which it requests the ies are encouraged to undertake cooperative retary of state is directed to deliver to each concurrence of the Senate: and integrated long-range transportation presidential candidate a copy of this resolu- H.R. 10. An act to enhance competition in planning, particularly for the construction tion and a declaration to be executed by the the financial services industry by providing of new highways affecting historic battle- candidate stating whether the candidate sup- a prudential framework for the affiliation of fields in Virginia and to jointly seek new and ports or opposes this resolution; and banks, securities firms, and other financial innovative transportation strategies that That copies of this resolution be sent by service providers, and for other purposes. will (i) meet the long-term transportation the clerk of the house of representatives to H.R. 2431. An act to establish an Office of needs of Virginia’s citizens, (ii) respect the the President of the United States, to the Religious Persecution Monitoring, to provide interests of all levels of government and the President of the United States Senate, to the for the imposition of sanctions against coun- rights of private property owners, and (iii) Speaker of the United States House of Rep- tries engaged in a pattern of religious perse- minimize the impact on Virginia’s Civil War resentative, and to each member of the New cution, and for other purposes. battlefields; and, be it Hampshire Congressional delegation. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4903 POM–403. A resolution adopted by the Whereas it is appropriate for Alaska to growing and most robust of the eastern Eu- Council of the City of Cincinnati, Ohio rel- join other states in the effort to encourage ropean nations, their economic ties to the ative to the proposed ‘‘Safety Advancement Swiss banking institutions to release infor- United States overall, and in particular to for Employees Act’’; to the Committee on mation that will bring closure to the painful California, have broadened significantly Labor and Human Resources. chapter in history we know as the Holocaust from year to year, and the 1990 United States POM–404. A resolution adopted by the and justice to those who lost everything, Census indicates that well over 750,000 Cali- Council of the City of Cincinnati, Ohio rel- even their lives, to the actions of the Nazi fornians claim Polish, Hungarian, or Czech ative to the proposal entitled ‘‘Child Care Germans and the Swiss banks; and ancestry; now, therefore, be it That Strengthens American Families’’; to Whereas the establishment of two commis- Resolved by the Senate and Assembly of the the Committee on Labor and Human Re- sions by the Swiss government to investigate State of California, jointly, That the Legisla- sources. Switzerland’s wartime dealings reflects ture of the State of California expresses its POM–405. A resolution adopted by the Su- Swiss recognition of a moral obligation to complete support for full inclusion of the Re- perintendent and Board of Education of Lau- uncover the truth, especially in light of the public of Poland, the Republic of Hungary, derdale County (Alabama) relative to public advanced age of the Holocaust survivor popu- and the Czech Republic into the North At- schools; to the Committee on Labor and lation; be it lantic Treaty Organization; and be it further Human Resources. Resolved, That the Senate expresses its Resolved, That the Legislature of the State POM–406. A joint resolution adopted by the gratitude to the members of the Swiss gov- of California respectfully memorializes the General Assembly of the State of Georgia; to ernment and banking officials who have co- President and the Congress of the United the Committee on Labor and Human Re- operated thus far in allowing investigations States to take all actions necessary to sup- sources. to be carried out because, without their as- port inclusion of the Republic of Poland, the SENATE RESOLUTION 766 sistance, these investigations would not be Republic of Hungary, and the Czech Republic Whereas, Congress is considering legisla- possible and none of the assets in question as full members of the North Atlantic Treaty tion to exempt insurance arrangements of- would be recoverable by their rightful own- Organization; and be it further fered by associations and multiple employer ers or their heirs; and be it further Resolved, That the Legislature of the State welfare arrangements from state insurance Resolved, That the Senate requests the gov- of California respectfully memorializes the reform standards; and ernment of Switzerland and the Swiss bank- United States Senate to promptly ratify the Whereas, this proposal would allow asso- ing industry to compensate Holocaust sur- proposed amendment to the North Atlantic ciations and multiple employer welfare ar- vivors, their heirs, and Jewish communities Treaty to include the Republic of Poland, rangements to be regulated by the federal in Switzerland and throughout the world for the Republic of Hungary, and the Czech Re- government under inadequate federal stand- denying their property for more than 50 public as full members of the North Atlantic ards; and years. Treaty Organization; and be it further Whereas, Congress explicitly gave states Copies of this resolution shall be sent to Resolved, That the Secretary of the Senate the authority to regulate multiple employer the Honorable Bill Clinton, President of the transmit copies of this resolution to the welfare arrangements in 1983 after numerous United States; the Honorable Al Gore, Jr., President and Vice President of the United cases of fraud, abuse, and insolvency regard- Vice-President of the United States and States, to the Majority Leader of the United ing multiple employer welfare arrangements; President of the U.S. Senate; the Honorable States Senate, to the Speaker of the United and Strom Thurmond, President Pro Tempore of States House of Representatives, and to each Whereas, the states, as the primary regu- the U.S. Senate; the Honorable Newt Ging- Senator and Representative from California lators of the local insurance market, are bet- rich, Speaker of the U.S. House of Represent- in the Congress of the United States. ter able to ensure effective regulation of atives; to the Honorable Ted Stevens and the those entities than the federal government; Honorable Frank Murkowski, U.S. Senators, POM–409. A joint resolution adopted by the and and the Honorable Don Young, U.S. Rep- Legislature of the State of California; to the Whereas, federal preemption would under- resentative, members of the Alaska delega- Committee on Foreign Relations. mine efforts states have made to protect tion in Congress; and to the seven members ASSEMBLY JOINT RESOLUTION NO. 47 consumers through establishing minimum of the Federal Council, or Bundesrat, of the Whereas, the State of Israel was founded standards for health plans; and Swiss government. Whereas, federal preemption would under- on the 19th century Zionist vision of Theodor Herzl and came into existence on May 14, mine state insurance reforms passed in re- POM–408. A joint resolution adopted by the 1948, as a homeland for Jewish people from cent years at the urging of business groups Legislature of the State of California; to the all parts of the world; and to improve access and affordability for small Committee on Foreign Relations. employers; and Whereas, for half a century, Israel has been SENATE JOINT RESOLUTION NO. 28 Whereas, this exemption would seriously one of America’s closest allies and has served erode the funding mechanisms of access Whereas, the Republic of Poland, the Re- as a stable, democratic anchor in a turbulent measures for the uninsured and for uncom- public of Hungary, and the Czech Republic region; and pensated care enacted by the states: now, are free, democratic, and independent na- Whereas, Israel has shared America’s per- therefore, be it tions with long and proud histories and cul- spective in advancing democracy and free Resolved by the General Assembly of Georgia, tures; and markets worldwide and in offering humane That the members of this body urge the Whereas, their recently attained freedom treatment to refugees fleeing religious perse- Georgia congressional delegation and the was achieved following decades of struggle cution; and United States Congress to reject any legisla- under the repressive yoke of brutal Com- Whereas, Israel has served as an invaluable tion that would exempt health plans spon- munist regimes; and ally against both unstable, anti-Western sored by associations and multiple employer Whereas, the North Atlantic Treaty Orga- states and terrorists, and has worked well welfare arrangements from state insurance nization (NATO) is a defense alliance com- with America’s military, sharing key tech- standards and oversight; be it further prised of democratic states and is dedicated nological advances; and Resolved, That the Secretary of the Senate to the preservation and security of its mem- Whereas, the longstanding and close emo- is authorized and directed to transmit appro- ber nations; and tional ties between Israel and the United priate copies of this resolution to each mem- Whereas, the Republic of Poland, the Re- States have forged an unshakable cultural ber of the Georgia congressional delegation, public of Hungary, and the Czech Republic bond between the two nations; and the Speaker of the United States House of desire to share in both the benefits and obli- Whereas, with the launching of the Middle Representatives, and the President of the gations of NATO in pursuing the develop- East peace process, the United States looks United States Senate. ment, growth, and promotion of democratic forward to continuing its uniquely intimate institutions and ensuring free market eco- relationship with the State of Israel in a new POM–407. A resolution adopted by the Sen- nomic development; and context characterized by peace, stability, ate of the Legislature of the State of Alaska; Whereas, article 10 of the North Atlantic and prosperity; and to the Committee on Foreign Relations. Treaty provides the opportunity for NATO to Whereas, many Californians hold close per- Whereas, when the Nazis came to power in accept as new members those nations that sonal ties to Israel and many more share the Germany more than half a century ago, will promote the high standards of the Alli- dream of a peaceful and prosperous Israel; many European Jews and other individuals ance and will contribute to the strengthen- and frantically sent their valuables to secret ing of the North Atlantic region; and Whereas, the State of Israel has been and bank accounts in neutral Switzerland, trust- Whereas, Poland’s, Hungary’s, and the continues to be a vital economic partner ing their possessions would be safe; and Czech Republic’s democratic governments with this state in areas ranging from high Whereas Swiss bank deposits made by Jews and free market economies place them in technology to agriculture; and and other individuals later murdered in the full compliance with the membership cri- Whereas, a year-long celebration of Israel’s Holocaust have not all been made available teria in accordance with Article 10 of the 50th anniversary, involving art exhibits, con- to heirs or to the world Jewish community; North Atlantic Treaty as well as the ‘‘Study ferences, festivals, films, lectures, concerts, and on the Expansion of NATO’’; and parties, religious services, and organized Whereas all Americans have a responsibil- Whereas, Poland’s, Hungary’s and the trips to Israel, has begun throughout the ity to ensure that justice is done; and Czech Republic’s economies are the fastest state; and S4904 CONGRESSIONAL RECORD — SENATE May 14, 1998

Whereas, when looking back upon the ac- HOUSE JOINT RESOLUTION 227 grams based on mortgage revenue bonds was complishments of the State of Israel during Whereas, private activity tax-exempt last adjusted a decade ago. As a result, an- its first 50 years, Americans should expect bonds finance many worthy projects with a nual demand exceeds supply for mortgage this special relationship with Israel to con- public benefit such as environmental infra- revenue bond money by approximately $2 bil- tinue long into the foreseeable future; now, structure projects, including sewage facili- lion; and therefore, be it ties, solid waste disposal facilities, hazard- Whereas, mortgage revenue bonds help fi- Resolved, by the Assembly and Senate of the ous waste disposal facilities, industrial de- nance mortgages for buyers with nearly 80 State of California, jointly, That the Legisla- velopment projects, student loans, and low- percent of the national median income, with ture of the State of California hereby ac- income housing project; and the average price of the homes also approxi- knowledges the 50th anniversary of inde- Whereas, in 1988, Congress lowered the vol- mately 80 percent of average conventionally pendence for the State of Israel and looks ume cap on the issuance of such bonds to $50 financed, first-time homes. The programs’ forward to the celebration of the centurion per person, even though this cap is lower requirements for income levels and the safe- in the Jewish calendar year 5808; and be it than the 1986 cap originally established, guards against abuse make this one of the further which fails to factor in the passage of time most successful initiatives for home owner- Resolved, That the Legislature hereby ex- and inflation; and ship in our country; and tends its heartiest congratulations to the Whereas, many of these worthy projects Whereas, there are two bills currently be- State of Israel and the entire Jewish and are not going forward due to the lack of fore Congress that seek to raise the cap for pro-Israel community throughout California available financing; and mortgage revenue bonds. These bills, H.R. upon the occasion of Israel’s 50th anniver- Whereas, while taxable financing may be 979 and S. 1251, would amend the Internal sary of its founding and reaffirms the link of available, the cost of such financing can Revenue Code to raise the cap. An important common culture and values between the make a project economically unfeasible be- feature of the proposal is that this amount Israeli and American peoples; and be it fur- cause most of these projects do not provide a would be indexed to inflation, beginning in ther positive rate of return; and 1999. This is an approach that is long over- Resolved, That the Chief Clerk of the As- Whereas, the allocation of these bonds in due; now, therefore, be it Resolved by the House of Representatives, sembly transmit copies of this resolution to Alabama has been oversubscribed for many That we memorialize the Congress of the the President and Vice President of the years, and in 1997, applications exceeded al- United States to enact legislation to raise United States, to the Speaker of the House locations by a large percentage; and the cap on mortgage revenue bonds; and be it of Representatives, and to each Senator and Whereas, demand for private activity bond further Representative from California in the Con- cap allocation will certainly continue to in- crease, given Alabama’s growing economy, Resolved, That copies of this resolution be gress of the United States. transmitted to the President of the United but the $50 per person allocation will de- States Senate, the Speaker of the United crease in real value over time, increasing de- POM–410. A resolution adopted by the States House of Representatives, and the House of the Legislature of the State of Ari- mand relative to the available ceiling; and Whereas, unless Congress increases the vol- members of the Michigan congressional dele- zona; to the Committee on Foreign Rela- gation. tions. ume cap and provides an inflation adjust- ment for the future, there will be fewer and HOUSE MEMORIAL 2001 POM–413. A resolution adopted by the Leg- fewer of these projects that will receive fi- Whereas, in December, 1997, the United Na- islature of the State of Minnesota; to the nancing; and Committee on Finance. tions framework convention on climate Whereas, as entities decide to delay or can- change met at Kyoto, Japan and adopted a cel planned investments, economic growth RESOLUTION NO. 7 treaty that commits the United States to re- will necessarily slow, causing negative ripple Whereas, seventy-four percent of working- ducing carbon dioxide emissions to seven effects throughout the economy; and age adults with severe disabilities are unem- percent below 1990 levels; and Whereas, legislation has been introduced in ployed; and Whereas, fears of global warming due to in- the Congress of the United States that would Whereas, many people with disabilities are creased levels of carbon dioxide are not increase the volume caps and index them for highly dependent on local, state, and federal based on sound scientific evidence; and inflation in the future; now therefore, be it assistance for support and survival, particu- Whereas, studies of past records of carbon Resolved by the Legislature of Alabama, both larly for necessary health care; and dioxide levels in the atmosphere show no Houses thereof concurring, That we hereby re- Whereas, a 1995 Lou Harris poll reported correlation to global temperatures; and spectfully request the Congress of the United that two-thirds of unemployed people with Whereas, the general circulation models States to enact legislation that would in- disabilities are eager to work; and that have been developed to predict future crease the volume caps on private activity Whereas, advances in technology, the civil global temperatures based on atmospheric tax-exempt bonds. rights protections of the Americans with levels of carbon dioxide have failed to Resolved further, That we request Congress Disabilities Act, and the current labor short- produce credible results when compared to to consider the impact of inflation in any fu- age are opening up many new employment past records of global temperatures; and ture legislation concerning this issue. opportunities for people with disabilities; Whereas, the adoption of the Kyoto treaty Resolved further, That we request Congress and may lead to government control of industry to consider the funds for this program that Whereas, current government policies, par- through the imposition of carbon production are not used by other states should be al- ticularly those relating to Medicaid, discour- permits, rationing and a tax levy on con- lowed to be allocated to oversubscribed age people with disabilities from working; sumer carbon emissions, resulting in sharply states such as Alabama. and Whereas, existing Medicaid work incen- increased costs and the loss of thousands of Resolved further, That copies of this resolu- tives are flawed and are completely unavail- jobs; and tion be provided to the President of the able to people with disabilities who do not Whereas, many major countries, including United States, the Speaker of the House of Representatives and the President of the qualify for the SSI 1619(b) program; and certain Latin American and Asian nations, Whereas, removing policy barriers to em- Senate of the United States Congress, and to are exempt from the restrictions of the ployment would enable more people with dis- all the members of the Alabama delegation Kyoto treaty, putting the United States at a abilities to reduce their dependence on So- to Congress with the request that this reso- severe competitive disadvantage in the glob- cial Security, Medicaid, Medicare, subsidized lution be officially entered on the Congres- al economy. housing, food stamps, and other state, local, sional Record as a memorial to the Congress Wherefore your memorialist, the House of and federal government programs; and Representatives of the State of Arizona, of the United States of America. Whereas, becoming employed allows indi- prays: viduals with disabilities to contribute to so- 1. That the members of the Senate of the POM–412. A resolution adopted by the House of the Legislature of the State of ciety by becoming taxpayers themselves; and United States not ratify the Kyoto treaty Whereas, employer-based health care and Michigan; to the Committee on Finance. adopted by the United Nations framework government programs, such as Medicare, convention on climate change under its HOUSE RESOLUTION NO. 211 Minnesota Comprehensive Health Associa- present terms and enact legislation prohibit- Whereas, over the past quarter century, tion, and MinnesotaCare, do not typically ing the adoption of an executive order or reg- mortgage revenue bonds have helped many cover long-term supports needed by people ulation attempting to make effective any families in our state and across the country with disabilities: Now, therefore, be it provision of the treaty. realize their goal of purchasing their first Resolved by the Legislature of the State of 2. That the Secretary of State of the State home. Mortgage revenue bonds help people of Minnesota, That it urges the Congress of the of Arizona transmit copies of this Memorial modest means gain a greater stake in their United States to adopt Medicaid buy-in leg- to the President of the Senate of the United communities through home ownership. As islation that would allow people with perma- States and to each Member of Congress from many as 125,000 lower income families buy nent disabilities to retain Medicaid coverage the State of Arizona. their first home each year through programs to address unmet health needs when they be- in the states financed with mortgage revenue come employed; be it further POM–411. A resolution adopted by the Leg- bonds; and Resolved, That such Medicaid buy-in legis- islature of the State of Alabama; to the Whereas, the cap on the amount of money lation should require individuals to take ad- Committee on Finance. the states can use for home ownership pro- vantage of employer-based health coverage, May 14, 1998 CONGRESSIONAL RECORD — SENATE S4905 if available and affordable, and should fur- Resolved, That copies of this resolution be United States House of Representatives, the ther require individuals to purchase needed transmitted to the presiding officers of each President of the United States Senate, and Medicaid coverage on a sliding fee scale, house of Congress and to each member of to each member of the Alabama Congres- based on their ability to pay; and be it fur- Congress from Pennsylvania. sional Delegation. ther Resolved, That the Secretary of State of POM–416. A resolution adopted by the Leg- POM–417. A concurrent resolution adopted the State of Minnesota is directed to prepare islature of the State of Alabama; to the by the Legislature of the State of Louisiana; copies of this memorial and transmit them Committee on the Judiciary. to the Committee on the Judiciary. to the President and the Secretary of the HOUSE JOINT RESOLUTION 261 SENATE CONCURRENT RESOLUTION NO. United States Senate, the Speaker and the Whereas, separation of powers is fun- 41 Clerk of the United States House of Rep- damental to the United States Constitution Whereas, the National Crime Victimiza- resentatives, and Minnesota’s Senators and and the power of the federal government is tion Survey from the Bureau of Justice Sta- Representatives in Congress. strictly limited; and tistics, United States Department of Justice reports that in 1992 and 1993, nearly five mil- POM–414. A joint resolution adopted by the Whereas, under the United States Con- stitution, the states are to determine public lion women age twelve or older were victims Legislature of the State of Washington; to of violent crimes annually; and the Committee on Finance. policy; and Whereas, it is the duty of the judiciary to Whereas, these acts of violence included HOUSE JOINT MEMORIAL 4030 interpret the law, not to create law; and homicide, rape, sexual assault, robbery, ag- Whereas, Medicaid has emerged as the Whereas, our present federal government gravated assault, and simple assault; and most important governmental program to has strayed from the intent of our founding Whereas, domestic violence is not just a provide health and long-term care services fathers and the United States Constitution household, home, or family problem but is a to low-income persons and such program has through inappropriate federal mandates; and societal problem; and continued to grow substantially placing an Whereas, these mandates by way of stat- Whereas, over the past twenty years there ever-growing demand on budgets of the na- ute, rule, or judicial decision have forced has been an increased acknowledgment of vi- tional and state governments, and if the spi- state governments to serve as the mere ad- olence against women; and raling costs of Medicaid is left unchecked it ministrative arm of the federal government; Whereas, each year violence against will continue to have a detrimental effect on and women continues to be a major cause of in- the social and economic viability of our com- Whereas, federal district courts, with the jury to women: (1) more than one thousand women, about munities; and acquiescence of the United States Supreme four every day, die as a result of domestic vi- Whereas, Although it is well accepted by Court, continue to order states to levy or in- olence; the people and most policymakers that pub- crease taxes to comply with federal man- (2) domestic violence continues to be a lic programs can be more effective and effi- dates, in violation of the United States Con- leading cause of homicide in our states, ciently administered in our states and com- stitution and the legislative process; and munities without excessive regulations, (3) fifty percent of the men who abuse their Whereas, the time has come for the people female partners also abuse their children; Medicaid remains highly bureaucratic grant- of this great nation and their duly elected ing flexibility to states sparingly and only and representatives in state government, to reaf- Whereas, more than half of the female chil- after an extensive and costly waiver process; firm, in no uncertain terms, that the author- dren who witness violence in the home be- and ity to tax under the Constitution of the come victims of domestic violence as adults; Whereas, The recent success of welfare re- United States is retained by the people who, form is closely associated with the degree of and by their consent alone, do delegate such Whereas, in 1994, the Congress passed the flexibility granted states in administering power to tax explicitly to those duly elected Violence Against Women Act (Public Law that program and that similar success can be representatives in the legislative branch of No. 103–322, 42 U.S.C. § 3796, et seq.) which realized in Medicaid if states are given the government whom they choose, such rep- gave states funding to create programs to same authority; resentatives being directly responsible and Now, therefore, Your Memorialists respect- help improve the responses of victim service accountable to those who have elected them; providers and law enforcement authorities to fully pray that the President submit and and Congress quickly pass legislation that grants violence against women and provided for vig- Whereas, several states have petitioned the orous apprehension and prosecution of per- states extensive flexibility in the use of Med- United States Congress to propose an amend- icaid funding for acute and long-term care sons committing crimes against women; and ment to the Constitution of the United Whereas, Congress will be considering re- services. States of America which was previously in- Be It Resolved, That copies of this Memo- authorization of this Act under the Violence troduced in Congress; and Against Women Act of 1998 which seek fund- rial be immediately transmitted to the Hon- Whereas, the amendment seeks to prevent orable William J. Clinton, President of the ing to continue the important programs federal courts from levying or increasing originally enacted in the first Violence United States, the President of the United taxes without representation of the people States Senate, the Speaker of the House of Against Women Act of 1994; additional fund- and against the people’s wishes; now there- ing for new programs to address other issues Representatives, and each member of Con- fore, gress from the State of Washington, and the including child custody, insurance discrimi- Be It Resolved by the Legislature of Alabama, nation, legal services eligibility, medical Secretary of the United States Department both Houses thereof concurring, as follows: of Health and Human Services. training, workplace safety, and campus 1. That we hereby urge the Congress of the crime; and funding for training programs for United States to prepare and submit to the social service providers and law enforcement POM–415. A resolution adopted by the several states an amendment to the Con- House of the Legislature of the Common- officials to target violence against older stitution of the United States to add a new women, disabled women, and provisions to wealth of Pennsylvania; to the Committee article providing as follows: on Finance. address the special needs of battered immi- ‘‘Neither the Supreme Court nor any infe- grant women; therefore, be it HOUSE RESOLUTION NO. 358 rior court of the United States shall have the Resolved That the Legislature of Louisiana Whereas, four domestic producers of stain- power to instruct or order a state or a politi- memorializes the Congress of the United less steel products have filed a complaint cal subdivision thereof, or an official of such States to support reauthorization of and with the Department of Commerce alleging a state or political subdivision, to levy or in- funding for the Violence Against Women Act that the subsidies and other practices of sev- crease taxes.’’ of 1998; be it further eral foreign companies have allowed foreign 2. That this resolution constitutes a con- Resolved That a copy of this Resolution companies to sell stainless steel products in tinuing application in accordance with Arti- shall be transmitted to the secretary of the the American marketplace at prices well cle V of the Constitution of the United United States Senate and the clerk of the below what they are being sold for in their States. United States House of Representatives and home markets; and 3. That we urge the legislatures of each of to each member of the Louisiana congres- Whereas, preliminary findings released by the several states comprising the United sional delegation. the Department of Commerce indicate that States that have not yet made a similar re- the allegations of dumping relating to cer- quest to apply to the United States Congress POM–418. A resolution adopted by the tain stainless steel products have merit; requesting enactment of an appropriate Board of Trustees, Northville Township, therefore be it amendment to the United States Constitu- Michigan relative to land use zoning author- Resolved, That the House of Representa- tion, and apply to the United States Con- ity; to the Committee on the Judiciary. tives memorialize the Congress of the United gress to propose such an amendment in the POM–419. A resolution adopted by the States to urge the Department of Commerce United States Constitution. Council of the City of Romulus, Michigan to continue in a timely fashion this ongoing 4. That copies of this resolution be pro- relative to land use zoning authority; to the investigation and to take the matter before vided to the President and Vice President of Committee on the Judiciary. the International Trade Commission for the the United States, the presiding officer in POM–420. A joint resolution adopted by the imposition of appropriate sanctions; and be each house of the legislature in each of the Legislature of the Commonwealth of Vir- it further states in the union, the Speaker of the ginia; to the Committee on the Judiciary. S4906 CONGRESSIONAL RECORD — SENATE May 14, 1998 SENATE JOINT RESOLUTION NO. 63 EXECUTIVE REPORTS OF for other purposes; to the Committee on For- Whereas, Article V of the United States COMMITTEES eign Relations. By Mr. BINGAMAN (for himself, Mr. Constitution provides two methods by which The following executive reports of the Constitution may be amended: by presen- SANTORUM, and Mr. LIEBERMAN): tation of an amendment by Congress to the committees were submitted: S. 2081. A bill to guarantee the long-term states for ratification and by Constitutional By Mr. JEFFORDS, from the Committee national security of the United States by in- Convention, convened at the request of the on Labor and Human Resources: vesting in a robust Defense Science and state legislatures; and Douglas S. Eakeley, of New Jersey, to be a Technology Program; to the Committee on Whereas, to date, the Constitution has Member of the Board of Directors of the Armed Services. been amended only by means of the first Legal Services Corporation for a term expir- By Mr. COCHRAN: method, with many experts suggesting that ing July 13, 1999. (Reappointment) S. 2082. A bill to amend chapter 36 of title a Constitutional Convention contains the in- Jeanne Hurley Simon, of Illinois, to be a 39, United States Code, to provide authority herent danger of altering the Constitution Member of the National Commission on Li- to fix rates and fees for domestic and inter- more extensively than the proponents of the braries and Information Science for a term national postal services, and for other pur- Convention might have intended; and expiring July 19, 2002. (Reappointment) poses; to the Committee on Governmental Whereas, by providing both methods of Cyril Kent McGuire, of New Jersey, to be Affairs. amending the Constitution, the Framers Assistant Secretary for Educational Re- By Mr. GRASSLEY (for himself and clearly intended to provide a mechanism by search and Improvement, Department of Mr. KOHL): which the several states could initiate the Education. S. 2083. A bill to provide for Federal class Constitutional amendment process but did William James Ivey, of Tennessee, to be action reform, and for other purposes; to the not anticipate the later reluctance to con- Chairperson of the National Endowment for Committee on the Judiciary. vene a Constitutional Convention; and the Arts for a term of four years. By Mrs. BOXER (for herself, Mr. SAR- Whereas, House Joint Resolution No. 84, Raymond L. Bramucci, of New Jersey, to BANES, Mr. ROBB, Mr. LAUTENBERG, introduced in the 105th Congress by Virginia be an Assistant Secretary of Labor. Mrs. MURRAY, and Mr. GRAHAM): Congressman Tom Bliley and cosponsored by Seth D. Harris, of New York, to be Admin- S. 2084. A bill to amend the Outer Con- Virginia Congressman Virgil Goode, proposes istrator of the Wage and Hour Division, De- tinental Shelf Lands Act to direct the Sec- a process by which the states could initiate partment of Labor. retary of the Interior to cease mineral leas- the amending process without the perils of a Robert H. Beatty, Jr., of West Virginia, to ing activity on submerged land of the Outer Constitutional Convention; and be a Member of the Federal Mine Safety and Continental Shelf that is adjacent to a coast- Whereas, under the proposal, ‘‘two thirds Health Review Commission for a term expir- al State that has declared a moratorium on of the legislatures of the several states may ing August 30, 2004. (Reappointment) mineral exploration, development, or pro- propose an amendment to the Constitution Thomas Ehrlich, of California, to be a duction activity in adjacent State waters; to by enacting identical legislation in each Member of the Board of Directors of the Cor- the Committee on Energy and Natural Re- such legislature proposing the amendment’’; poration for National and Community Serv- sources. and ice for a term of five years. (Reappointment) By Mr. HUTCHINSON: Whereas, if two-thirds of the House and Dorothy A. Johnson, of Michigan, to be a S. 2085. A bill to assist small businesses Senate did not vote to disapprove of the pro- Member of the Board of Directors of the Cor- and labor organizations in defending them- posed amendment, it would be submitted to poration for National and Community Serv- selves against Government bureaucracy; to the states for ratification, and upon ratifica- ice for a term of five years. protect the right of employers to have a tion by three-fourths of the state legisla- Rita R. Colwell, of Maryland, to be Direc- hearing to present their case in certain rep- tures, the amendment would become part of tor of the National Science Foundation for a resentation cases; and to prevent the use of the Constitution; and term of six years. the National Labor Relations Act for the Whereas, Congressman Bliley’s Constitu- (The above nominations were re- purpose of disrupting or inflicting economic tional Amendment is a reasonable and pru- ported with the recommendation that harm on employers; to the Committee on Labor and Human Resources. dent proposal to provide the states with a they be confirmed subject to the nomi- f means of modifying the Constitution of the nees’ commitment to respond to re- United States, thus providing the states an quests to appear and testify before any SUBMISSION OF CONCURRENT AND option that the Framers clearly intended; now, therefore, be it duly constituted committee of the Sen- SENATE RESOLUTIONS Resolved By the Senate, the House of Dele- ate.) The following concurrent resolutions gates concurring, That the General Assem- f and Senate resolutions were read, and bly hereby urge the Congress to approve referred (or acted upon), as indicated: House Joint Resolution No. 84, which pro- INTRODUCTION OF BILLS AND poses an amendment to the United States JOINT RESOLUTIONS By Mr. LAUTENBERG (for himself and Mr. SPECTER): Constitution to provide a means by which The following bills and joint resolu- the states can initiate the amendment proc- S. Con. Res. 96. A concurrent resolution ex- tions were introduced, read the first pressing the sense of Congress that a postage ess without the necessity of a Constitutional and second time by unanimous con- Convention; and, be it further stamp should be issued honoring Oskar sent, and referred as indicated: Resolved, That the Clerk of the Senate Schindler; to the Committee on Govern- transmit copies of this resolution to the By Mr. SMITH of Oregon (for himself, mental Affairs. President of the United States Senate, the Mr. HATCH, Mr. GRAMS, Mr. ABRA- f HAM, Mr. WYDEN, and Mr. HUTCH- Speaker of the United States House of Rep- STATEMENTS ON INTRODUCED resentatives, and the members of the Con- INSON): gressional delegation of Virginia so that S. 2079. A bill to amend the Internal Reve- BILLS AND JOINT RESOLUTIONS they may be apprised of the sense of the Gen- nue Code of 1986 to replace the dependent By Mr. SMITH of Oregon (for care credit for children age 5 and under with eral Assembly of Virginia. himself, Mr. HATCH, Mr. GRAMS, an increase in the amount of the child tax Mr. ABRAHAM, Mr. WYDEN, and f credit for such children; to the Committee on Finance. Mr. HUTCHINSON): By Mr. HELMS (for himself, Mr. LOTT, S. 2079. A bill to amend the Internal REPORTS OF COMMITTEES Mr. MACK, Mr. GRAHAM, Mr. Revenue Code of 1986 to replace the de- TORRICELLI, Mr. COVERDELL, Mr. The following reports of committees pendent care credit for children age 5 D’AMATO, Mr. REID, Mr. LIEBERMAN, were submitted: and under with an increase in the Mr. HATCH, Mr. ROTH, Mr. THURMOND, amount of the child tax credit for such By Mr. ROTH, from the Committee on Fi- Mr. NICKLES, Mr. GRASSLEY, Mrs. children; to the Committee on Finance. nance, with amendments: HUTCHISON, Mr. ASHCROFT, Mr. FAIR- S. 1415: A bill to reform and restructure the CLOTH, Mr. INHOFE, Mr. SMITH of New CHILD TAX CREDIT LEGISLATION processes by which tobacco products are Hampshire, Mr. HOLLINGS, Mr. Mr. SMITH of Oregon. Mr. President, manufactured, marketed, and distributed, to DEWINE, and Mr. THOMPSON): colleagues, and ladies and gentlemen, I prevent the use of tobacco products by mi- S. 2080. A bill to provide for the President rise today to introduce legislation to nors, to redress the adverse health effects of to increase support to the democratic opposi- change the Tax Code to put stay-at- tobacco use, and for other purposes. tion in Cuba, to authorize support under the home moms and dads on an equal foot- By Mr. STEVENS, from the Committee on Cuban Liberty and Democratic Solidarity Appropriations: Special Report entitled ‘‘Al- (LIBERTAD) Act of 1996 for the provision ing with two-income families. My leg- location to Subcommittees on Budget Totals and transport of increased humanitarian as- islation is cosponsored by Senators From the Concurrent Resolution for Fiscal sistance directly to the oppressed people of HATCH, GRAMS, WYDEN, and ABRAHAM. Year 1999’’ (Rept. 105–191). Cuba to help them regain their freedom, and This legislation that we introduce will May 14, 1998 CONGRESSIONAL RECORD — SENATE S4907 increase the current $500-per-child Mr. SMITH of Oregon. Rene´e, like By Mr. HELMS (for himself, Mr. credit to $1,500 per child for children up many mothers and fathers, sees most LOTT, Mr. MACK, Mr. GRAHAM, to 6 years of age. This credit would re- government spending as ‘‘day care’’ Mr. TORRICELLI, Mr. COVER- place the current dependent care tax and not ‘‘child care.’’ Child care, she DELL, Mr. D’AMATO, Mr. REID, credit with real money that directly says, is something that every family Mr. LIEBERMAN, Mr. HATCH, Mr. benefits families and restores equality does. Day care is the activity under- ROTH, Mr. THURMOND, Mr. NICK- and fairness in child care. taken out of either preference or neces- LES, Mr. GRASSLEY, Mrs. Mr. President, there are many pro- sity that some families are able to HUTCHISON, Mr. ASHCROFT, Mr. posals to reduce tax burdens, many of choose or forced to choose. FAIRCLOTH, Mr. INHOFE, Mr. which I wholeheartedly support, such A recent Wirthlin poll shows that SMITH of New Hampshire, Mr. as the elimination of the marriage pen- care by a child’s own parent or imme- HOLLINGS, Mr. DEWINE, and Mr. alty. But I must confess some frustra- diate family member is rated as the THOMPSON): tion that I felt on the night our Presi- most desirable form of child care, with S. 2080. A bill to provide for the dent gave his State of the Union Ad- child care by a family’s mother rank- President to increase support to the dress when he spoke at great length ing the highest. democratic opposition in Cuba, to au- about child care. He made a proposal, Census Bureau statistics show that thorize support under the Cuban Lib- about $20 billion worth, that contained many families—nearly half of those erty and Democratic Solidarity many laudable provisions and parts of with children under 6 years of age— (LIBERTAD) Act of 1996 for the provi- which I could support. But it contained pass up a second income and care for sion and transport of increased human- a very glaring omission, in my view. their children themselves, and yet itarian assistance directly to the op- The Clinton administration policy is where is the tax relief to help ease the pressed people of Cuba to help them re- both a direct and indirect subsidy to burden of child care expenses for fami- gain their freedom, and for other pur- the marketplace day care industry. lies that choose to take care of their poses; to the Committee on Foreign The administration seeks to help only children in their homes? It simply is Relations. not there. This legislation will elimi- a small portion of working parents, THE CUBAN SOLIDARITY ACT OF 1998 ruling out those who wish to stay at nate the current discriminatory tax (SOLIDARIDAD) home to take care of their child and policy and replace it with one that is Mr. HELMS. Mr. President, imme- those who do not want to use market- fair to all families regardless of the diately upon his return from Cuba, place day care. Government policy child care choices they make. Pope John Paul II gave an audience at I hope many of my colleagues can ought not to discriminate in this man- the Vatican where he discussed his his- join in supporting this legislation. I ner against the best form of child care toric Cuban pilgrimage. While Fidel know it competes with many other pro- where the child is taken care of by his Castro and others were working hard to posals, but I, frankly, can think of no or her own parents or family member. distort the purpose of his visit, the greater priority that we ought to have A few months ago Rene´e Anderson of Pope was unambiguous about the aims than helping mothers and fathers take Medford, OR, sent me an e-mail com- and purposes of his visit in Cuba. care of their children, for truly the menting that government spending will His Holiness said: ‘‘I wish for our hand that rocks the cradle is the hand not give tax relief to parents of pre- brothers and sisters on that beautiful that controls the future. There is no schoolers who take care of their own island that the fruits of this pilgrimage more important responsibility that any will be similar to the fruits of that pil- children. of us as mortals undertake than to rear Here is her letter, Mr. President. I grimage in Poland,’’ referring to his a child. So the Federal Government ask unanimous consent it be printed in June 1979 visit to his native Poland—a ought to not get in the way of that but the RECORD. visit which is widely credited with in- ought to reduce its take and leave There being no objection, the letter spiring the Polish people to throw off more resources to mothers and fathers was ordered to be printed in the the shackles of their oppression, and to leave them at home where they can RECORD, as follows: serve real human and child needs. embrace their God-given spiritual and MEDFORD, OR, Mr. President, I ask unanimous con- political freedom. March 7, 1998. sent that the text of the bill be printed That visit marked the beginning of Re the President’s National Day Care Plan. the end for Poland’s communist dicta- in the RECORD. DEAR SENATOR GORDON SMITH: Please do There being no objection, the bill was torship—just as, I believe, the Pope’s all you can to squelch Bill and Hillary Clin- ordered to be printed in the RECORD, as historic visit to Cuba has marked the ton’s $21.7 billion National Day Care Plan. beginning of the end of Fidel Castro’s It is loaded with a number of government- follows: S. 2079 despotic rule. controlled programs. With his Cuban pilgrimage, John New spending will not give tax relief to Be it enacted by the Senate and House of Rep- parents of preschoolers who take care of resentatives of the United States of America in Paul II has sown the seeds of spiritual their own children. Congress assembled, and political liberation in the Cuban Not one penny of relief will help increase SECTION 1. REPLACEMENT OF DEPENDENT CARE mind. The United States must now the amount of time parents will have avail- CREDIT FOR CHILDREN UNDER AGE help the Cuban people to cultivate able to spend with their children. 6 WITH INCREASE IN CHILD TAX those seeds of liberation which His Ho- This is ‘‘day care,’’ not ‘‘child care.’’ Child CREDIT. liness had planted in Cuba—just as the care is something that every family does. (a) INCREASE IN CHILD TAX CREDIT.—Sub- Day care is the activity, undertaken out of section (a) of section 24 of the Internal Reve- United States worked with him in help- preference or necessity, that some families nue Code of 1986 (relating to child tax credit) ing the Polish people in their struggle choose. is amended by striking ‘‘an amount equal to against communist oppression nearly There is a rampant prejudice against stay- $500’’ and all that follows through the period two decades ago. at-home parents. and inserting the following: ‘‘an amount That is why today—along with more Here’s what’s at stake: the continued im- equal to— than 20 of my Senate colleagues—I am portance of parental care of children and ‘‘(1) $1,500 in the case of a qualifying child introducing legislation that will bring through that care, passing on the values that who is 5 years of age or less, and new energy and focus to the U.S. Cuba families hold dear. ‘‘(2) $500 in the case of all other qualifying Commercial day care is often avoided if at children.’’. policy—‘‘The Cuban Solidarity Act of all possible because there is a lack of person- (b) COORDINATION OF DEPENDENT CARE 1998’’ or ‘‘SOLIDARIDAD’’ Act. alized attention and affection. Plus there is CREDIT.—Section 21 of the Internal Revenue The buttons we are all wearing may a greater exposure to childhood diseases and Code of 1986 (relating to expenses for house- look familiar to many watching today. many other sicknesses. hold and dependent care services necessary Our buttons bear the logo of the Polish Surely this new public policy is very char- for gainful employment) is amended by in- Solidarity movement—but with a acteristic of today’s government arrogance. serting ‘‘over the age of 5 and’’ before ‘‘under Cuban twist. You see, we are calling I strongly oppose this $21.7 billion national the age of 13’’ each place it appears in sub- this legislation the ‘‘Cuban Solidarity day care plan. It is an alarming example of sections (b)(1)(A) and (e)(5)(B). government encroachment. (c) EFFECTIVE DATE.—The amendments Act’’ for a reason. Our goal is to do Sincerely, made by this section shall apply to taxable today for the people of Cuba, what the RENE´ E ANDERSON. years beginning after December 31, 1998. United States did for the Solidarity S4908 CONGRESSIONAL RECORD — SENATE May 14, 1998 movement in Poland during the 1980s: millions of Cubans who cannot afford Cuba, food and medicine is available Give the Cuban people the resources to buy basic necessities; it will remove everywhere. In Havana, there are bak- they need to build a free, functioning his ability to use deprivation as a tool eries overflowing with fresh bread, civil society within the empty shell of of oppression; and it will help inde- pharmacies stocked with Western Castro’s bankrupt communist ‘‘revolu- pendent institutions create space for medicines, grocery stores brimming tion.’’ themselves in Cuba society. with foods. But these products are The Cuban Solidarity Act proposes to But if he does not allow the food and completely out of reach to most Cu- authorize $100 million over four years medicine in, them 11 million Cubans bans. in U.S. government humanitarian as- will know exactly who is responsible Why? Castro allows them to be sold sistance to the Cuban people—dona- for their daily suffering. They will only for dollars, which the vast major- tions of food and medicine, to be deliv- know that the American people wanted ity of Cubans don’t have. Castro pays ered through the Catholic Church and to send them $100 million in food and them in worthless Cuban pesos. The truly independent relief organizations medicine, but that Castro said ‘‘No’’. only Cubans who can afford to shop in in Cuba like Caritas. In addition to this humanitarian re- these exclusive stores are cronies of The legislation we are introducing lief, the Cuban Solidarity Act also in- the Castro regime, and those few lucky today will authorize direct humani- structs the President to take a series Cubans who get dollars from abroad— tarian flights to deliver both private of steps intended to hasten the libera- or those poor Cuban women and girls and U.S. government donations to tion of the Cuban people. Among other who are forced to prostitute them- Cuba. And it will mandate a proactive provisions: selves to foreign tourists from Canada U.S. policy to support the internal op- The bill instructs the President to in- and Europe in order to survive. position in Cuba, just as the U.S. sup- crease all forms of U.S. government Instead of trading with the Castro re- ported the Solidarity movement in Po- support for ‘‘democratic opposition gime (and thus subsidizing the brutal land during the 1980s. groups in Cuba,’’ who risk life and limb state security apparatus which keeps This legislation is not about the each day to challenge the regime. him in power), our call today is: Let us The bill also urges the President to Cuban embargo. It does not tighten the unite to circumvent this monstrous seek a U.N. Security Council resolution embargo; it does not loosen the embar- system Castro has built; Let’s give food calling on Fidel Castro to ‘‘imme- go. What it does is add a new dimen- and medicine directly to the Cuban diately respect all human rights, free sion to the U.S. policy regarding Cuba: people. all political prisoners, legalize inde- With the enactment of this legislation, The Cuban Solidarity Act will also pendent political parties, allow inde- U.S. policy will no longer be simply to encourage and facilitate increased pri- pendent trade unions, and conduct free- isolate the Castro regime, but to ac- vate donations to Cuba. There are tively support those working to bring ly contested elections.’’ The Cuban Solidarity Act also calls many in the private sector who have about change inside Cuba. been enormously generous in their hu- As Secretary of State Madeline for creative measures to overcome Cas- manitarian efforts for the Cuban peo- Albright recently put it, there are two tro’s blockade on information coming ple, and we will be encouraging them embargoes in Cuba today: The U.S. em- into Cuba instructing the President to to redouble their efforts. bargo on the Castro regime, and Cas- commence ‘‘freedom broadcasting’’ But we will also be issuing a chal- tro’s embargo on his own people. We through Radio and TV Marti from the lenge to all of our big-hearted friends must, Secretary Albright said, main- U.S. naval base at Guantanamo, and in the corporate community who have tain the first, while breaking the sec- other suitable sites around Cuba. been lobbying to lift the Cuban embar- ond. The bill also requires the Adminis- This legislation is designed to break tration to produce a series of reports go. Since they claim to have so much Fidel Castro’s brutal embargo on the on the plight of average Cubans, in- concern for the Cuban people, we will Cuban people. The Cuban Solidarity cluding conditions of human rights, be asking them: What are you willing Act has four central objectives: workers’ rights, and the apparent pol- to donate to help suffering Cubans who First, this bill will provide free food icy of coercing abortions among poor, cannot afford to buy food and medicine and medicine to Cubans most in need— less-educated Cuban women. for themselves? We’ll see if the flood- those who cannot possibly afford to And the bill will authorize increased gates of generosity open up, showing buy the necessities of life because they personnel in the Treasury and Com- corporate America’s concern for Cuba’s have no access to U.S. dollars. merce Departments to facilitate li- suffering people. Second, it will strengthen those in- censes for American medical sales to Fidel Castro will never change his stitutions delivering this aid by giving Cuba—which have been fully legal stripes. The Cuban Solidarity Act is them the resources they need to ex- since 1992—taking away Castro’s ex- based on the belief that we must do pand their space in Cuba and nurture a cuses for his failure to provide Amer- more than wait for Fidel Castro to die nascent civil society on the island. ican medicine and medical equipment or ‘‘get religion.’’ We must do what was Third, this bill will undermine the for his people. done for Lech Walesa and his coura- Castro regime’s ability to stifle dissent The Cuban Solidarity Act is a bill geous Polish brothers; that is, we must through the denial of work and basic that could and should be supported by undertake a proactive policy under necessities. In Cuba today, anyone who all U.S. Senators, those for the Cuban which the United States will lend deci- dares to speak out against Castro’s des- embargo, and those opposed. sive support to the cause of freedom in potic rule can lose his or her job (or be All of us should unite behind a policy Cuba. thrown in jail) and thus lose their abil- of providing free food and medicine to The Pope’s visit planted the seeds of ity to feed their families. This bill will those trapped in Castro’s Orwellian liberation in Cuba. The Cuban Solidar- help undermine Castro’s ability to economy. I cannot imagine that any- ity Act is the American people’s way of maintain social control through depri- one would disagree with the notion cultivating those seeds for the benefit vation, by helping build alternative that the United States should bring the of Cubans and freedom-loving people sources of food and medicine in Cuba. same intense commitment to its Cuba everywhere. And finally, this bill will take away policy that made the difference in Po- Let’s get about it. Fidel Castro’s excuses, by neutralizing land’s struggle with communist tyr- Mr. GRAHAM. Mr. President, I am Castro’s propaganda which falsely anny. proud to join Senators HELMS, LOTT, blames the U.S. embargo for the hard- Now some have suggested that we MACK, and nearly twenty other Sen- ships suffered by the Cuban people. should not give the Cuban people free ators in introducing the Cuban Solidar- This legislation puts Castro in a no- food and medicine—rather, we should ity Act. This bill will capitalize on the win situation. There is no way for him sell it to them. My question is this: historic opportunity provided by Pope to be on the right side of denying the What exactly will they use to buy this John Paul II’s visit to Cuba this past Cuban people access to free food and American food and medicine? Soviet January. It provides for $100 million in medicine from the United States. rubles? humanitarian assistance directly to If Castro allows this food and medi- The Cuban people can’t afford to buy the Cuban people over four years, and cine into Cuba, it will bring relief to American food and medicine! Today, in does so in a way that will strengthen May 14, 1998 CONGRESSIONAL RECORD — SENATE S4909 the Catholic Church and other inde- of freedom and human rights in Cuba. will no longer be able to prevent the pendent organizations in Cuba. We A number of periodic reports on ex- people from receiving food and medi- must seize this opportunity to help our ploitative labor conditions and the cine without the knowledge that he is Cuban brothers and sisters who have plight of political prisoners in Cuba responsible for their pain and suffering, suffered under Castro’s brutal rule for will help bring the world’s attention to not the United States. far too long. the reality of Castro’s oppression. De- Further, this bill requires the Presi- Communism has collapsed around the mocracy efforts in Cuba will be bol- dent to take several timely and appro- world, and the only countries that stered through pro-active U.S. support priate pro-democracy steps regarding maintain this economic sytsem—Cuba for the Cuban opposition. Direct mail Cuba, such as strengthening support and North Korea—are crumbling under delivery from the U.S. to Cuba and ad- for democratic opposition within Cuba; their own weight. This failed system ditional Radio and TV Marti broad- seeking a U.N. Security Council resolu- has created shortages of food and medi- casts will allow the Cuban people to re- tion on free elections; beginning ‘‘free- cine, and Castro has denied the basic ceive uncensored news from the outside dom broadcasting’’ through Radio and freedoms that we take for granted to world, breaking Catro’s monopoly on TV Marti; producing a series of reports millions of ordinary Cubans. the dissemination of information. on the plight of average Cubans; au- In addition to providing humani- Let us not forget that U.S. support thorizing increased personnel to expe- tarian assistance to Cuba, this bill also for the democracy movements of East- dite American medical sales licenses; directs the administration to expedite ern Europe helped millions of people and obtaining the International Court the licensing of sales of medicine and there win the freedom to express their of Justice indictment in the downing of medical supplies to Cuba. Since 1992, ideas, live without fear, and create bet- two unarmed planes and the murder of the embargo has been lifted on the sale ter lives for their children. We should four people in 1996. of medicines, medical equipment, and not turn our backs on the Cuban people Mr. President, I urge all of my col- medical supplies to Cuba. While Castro now, when they need our help more leagues to take a proactive stand for continues to claim that the United than ever. The Castro government does the people of Cuba and support the States is responsible for Cubans’ lack not need food and medicine: the Cuban SOLIDARIDAD Act. of access to much needed medicines, people do. We must ensure that our aid the truth is that we are doing every- does not go to those who torture and By Mr. BINGAMAN (for himself, thing we can to ensure that the Cuban kill. The Cuban Solidarity Act works Mr. SANTORUM, and Mr. people can get the medical supplies de- to give food and medicine to those who LIEBERMAN): nied them by the Castro government. S. 2081. A bill to guarantee the long- Pope John Paul II called the world’s are forgotten by Castro’s regime—the poor mothers who need prenatal care, term national security of the United attention to the suffering of the Cuban States by investing in a robust Defense people during his visit to Cuba in Janu- the children who need bread and milk, the elderly who die of easily curable Science and Technology Program; to ary. I feel the time is right to make as- the Committee on Armed Services. sistance to oppressed Cubans more eas- diseases. Mr. President, the 11 million Cubans THE NATIONAL DEFENSE SCIENCE AND ily available through organizations TECHNOLOGY ACT OF 1998 such as the Catholic Church and other imprisoned by Castro’s reign of terror are counting on us to enact this vital Mr. BINGAMAN. Mr. President, I am independent groups. Targeting addi- pleased to introduce today the Na- tional aid in this matter will have and historic piece of legislation. I hope that all of my colleagues will join Sen- tional Defense Science and Technology three important effects. First, it will Investment Act of 1998. In line with the provide humanitarian assistance di- ators HELMS, LOTT, MACK, myself, and clear bipartisan support for Defense re- rectly to the Cuban people who have nearly twenty others in supporting this search I am very pleased to be joined suffered under communism. Second, it effort to provide a lifeline to the Cuban by Senator SANTORUM and LIEBERMAN will strengthen the position of the people. in introducing this important bill. Catholic Church as a more independ- Mr. THURMOND. Mr. President, I The National Defense Science and ent, viable institution in Cuba. Finally, rise as an original cosponsor of the Technology Investment Act of 1998 will it will help to undermine Castro’s pol- Cuban Assistance and Solidarity lay the fiscal framework for the De- icy of denying food and medicine as a (SOLIDARIDAD) Act that my distin- fense research needed to achieve, early means of political control. guished friend and Chairman of the for- Pope John Paul II asked the world to eign Relations Committee, Senator in the next century, what the Depart- open up to Cuba, and asked Cuba to HELMS, is introducing today. I com- ment of Defense call ‘‘Full Spectrum open itself to the world. This bill will mend the Chairman for his leadership Dominance’’—the ability of our armed begin that process by providing human- on this issue and strongly support him forces to dominate potential adversar- itarian assistance to the Cuban people. in this endeavor. ies in any conceivable military oper- We hope that Castro will respond by The intent of this legislation is very ation, from humanitarian operations opening Cuba to the world. simple * * * to actively assist the re- through the highest intensity conflict. Just yesterday, Cuban Cardinal Or- pressed Cuban people and those dedi- The bill creates a plan that would tega expressed concern that the Castro cated to ending the regime of Fidel achieve the equivalent of at least a $9 regime was not making an effort to Castro. billion Defense Science and Technology open Cuba to the world—specifically This Act will authorize $100 million Program budget in today’s dollars regarding the political prisoners that in humanitarian assistance over four within the next 10 years—an increase continue to fill Cuban jails. Four of years for food, medicine, and medical of 16% over today. The bill also sets these political prisoners are in particu- supplies, donated by the U.S. govern- similar increases for the non-prolifera- larly desperate condition—Marta ment. In addition, direct flights to de- tion research of the Department of En- Beatriz Roque, Vladimiro Roca, Felix liver this humanitarian aid will be au- ergy. Bonne, and Rene Gomez Manzano—and thorized and monitored to ensure that Much of the technology that gave the Castro has refused appeals by the Pope all aid is directly delivered to the Cu- United States a quick victory with so and Canadian Prime Minister Jean bans who need it most, those who are few casualties in Desert Storm came Chretien to release them on humani- unable to afford to make purchases in from DoD’s research of the 1960s and tarian grounds. In fact, Marta Beatriz the Castro controlled dollar-only 1970s. More Defense research is needed Roque is very ill with breast cancer stores. today to prepare for the next century and is being denied medical attention Mr. President, this is an important for a number of reasons. in jail. I hope that these political pris- piece of legislation. This bill will elimi- First, as the DoD has noted, the two oners, as well as thousands of others, nate Castro’s claims that the U.S. em- key enablers of ‘‘Full Spectrum Domi- live to see a time when expressing bargo is the cause of the hardships suf- nance’’ will be information superiority one’s political ideas does not mean a fered by the Cuban people. It effec- and technological innovation. The DoD death sentence. tively creates a Catch-22 for him. If he has been the preeminent federal agency This legislation will provide an allows the aid, he loses his control by funding the disciplines undergirding upwelling of support for the advocates deprivation. If he prohibits the aid, he these enablers, for example, supporting S4910 CONGRESSIONAL RECORD — SENATE May 14, 1998 roughly 80% of the federally sponsored unpredictable competitors. Would we, public or private, can be expected to sub- research in electrical engineering, and as shareholders, say that shifting half stitute for the role of the Department of De- 50% of that in computer science and a percent of its revenue into research fense and Department of Energy in these re- mathematics. No other organizations, search areas. over ten years would be something it (5) However, the current budget plan for public or private, can be expected to couldn’t afford to do? No. It would be the Defense Science and Technology Pro- substitute for the unique role of the clear that is something it couldn’t af- gram is essentially flat in real terms DoD in these research areas. Second, ford not to do. I suggest the DoD is in through fiscal year 2003. The planned budget the global spread of advanced tech- a similar position. for nonproliferation science and technology nology and a nascent revolution in Technological supremacy has been a activities at the Department of Energy will military affairs are creating new keystone of America’s security strat- decline. threats to the United States which will egy since World War II. Supporting (6) These budget plans are not consistent with the vision of Full Spectrum Dominance, challenge our ability to achieve Full that supremacy has been Defense re- the threats or uncertainties on the horizon, Spectrum Dominance. These include: search, one of the highest return in- or the opportunity presented by the current information warfare; cheap precise vestments this nation makes. This state of international relations. The planned cruise missiles; and the spread of weap- coming decade is the time to start in- level of investment could pose a serious ons of mass destruction. Finally, we creasing this investment in our na- threat to our national security in the next 15 are now in a relatively secure interlude tional security. The National Defense years, given the usual time it takes from the in our international relations, a time Science and Technology Investment start of Defense research to achieving new when we can afford to work on trans- Act of 1998 is a modest approach to military capabilities. (7) Consequently, the Congress must act to forming our military forces. While the making this investment, but one, I am establish a long-term vision for the Defense world is still a dangerous place, it will sure, which will yield immodest re- Science and Technology Program’s funding be even more dangerous in the future. turns to our military. if the United States is to encourage the re- So now is the time to undertake the Mr. President, I urge my colleagues search and experimentation needed to seize Defense research needed to secure our to join Senators SANTORUM, the current opportunity and begin trans- future. LIEBERMAN, and myself in support of forming our military to meet the new Yet, the DoD’s current Science and this important bill. threats and achieve Full Spectrum Domi- Technology budget plans do not reflect Mr. President, I ask unanimous con- nance early in the next century. (8) The Congress must also act to establish these realities. The outyear budgets sent that the text of the bill be placed a robust long-term vision and funding plan are basically flat in real terms out to in the RECORD. in support of nonproliferation science and 2003, at a level $200 million lower than There being no objection, the bill was technology activities at the Department of 1998’s level. This money pays for the re- ordered to be printed in the RECORD, as Energy. search and concept experimentation follows: SEC. 3. PURPOSE AND FUNDING REQUIREMENTS. needed to invent and experiment with S. 2081 (a) PURPOSE.—The purpose of this Act is to new military capabilities. Worse yet, Be it enacted by the Senate and House of Rep- create a ten-year budget plan to support the the Department of Energy’s budget for resentatives of the United States of America in disciplines, research, and concept of oper- non-proliferation research will decline Congress assembled, ations experimentation that will transform our military and reduce the threat from SECTION 1. SHORT TITLE. by around 20% in real terms by 2003. weapons of mass destruction early in the This Act may be cited as the ‘‘National De- Simply put, Mr. President, these budg- next century. fense Science and Technology Investment et plans are just not consistent with (b) FUNDING REQUIREMENTS.— Act of 1998.’’ the vision of Full Spectrum Domi- (1) DEFENSE SCIENCE AND TECHNOLOGY PRO- nance, the threats on the horizon, and SEC. 2. FINDINGS. GRAM BUDGET.—For each year from fiscal The Congress of the United States finds year 2000 until fiscal year 2008, it shall be an the opportunity we have today. the following: National Defense Science and Tech- objective of the Secretary of Defense to in- (1) To provide for the national security of crease the Defense Science and Technology nology Investment Act creates budget the United States in the 21st century, the Program budget by no less than 2.0 percent plans that are consistent with the vi- U.S. military must be able to dominate the over inflation greater than the previous fis- sion, threats, and opportunity. Start- full range of military operations, from hu- cal year’s budget requests. ing with fiscal year 2000, the Act calls manitarian assistance to full-scale conflict. (2) NONPROLIFERATION SCIENCE AND TECH- on the Secretary of Defense to increase The keys to achieving this ‘‘Full Spectrum NOLOGY ACTIVITIES BUDGET.—For each year the Defense Science and Technology Dominance,’’ as described in the Department from fiscal year 2000 until fiscal year 2008, it of Defense’s ‘‘Joint Vision 2010,’’ are techno- shall be an objective of the Secretary of En- budget request by at least 2% a year logical innovation and information superi- over inflation until fiscal year 2008. ergy to increase the budget for nonprolifera- ority. tion science and technology activities by no The end result will be a Defense (2) The global spread of advanced tech- less than 2.0 percent a year over inflation Science and Technology budget that nology is transforming the military threats greater than the previous fiscal year’s budg- reaches at least $9 billion in today’s faced by the United States and will challenge et request. dollars by 2008, an increase of $1.2 bil- our ability to achieve Full Spectrum Domi- SEC. 4. GUIDELINES FOR THE DEFENSE SCIENCE lion or 16% over today’s level. The De- nance. Some of the major technological chal- AND TECHNOLOGY PROGRAM. partment of Energy’s non-proliferation lenges our military face include information (a) SYNERGISTIC MANAGEMENT OF RESEARCH warfare; proliferating weapons of mass de- research would also increase the same AND DEVELOPMENT.—The Secretary of De- struction; inexpensive, precise, cruise mis- fense may allocate a combination of funds 2% over inflation yearly. siles; and increasingly difficult operations in These budget increases are signifi- from Department of Defense 6.1, 6.2, or 6.3 ac- urban environments. counts in supporting any individual project cant for research, yet modest and (3) The United States is now in a relatively or program of the Defense Science and Tech- achievable; they will be an excellent secure interlude in its international rela- nology Program. investment. While they may require tions, but the future security environment is (b) RELATIONSHIP OF THE DEFENSE SCIENCE some shifting of funds within DoD’s very uncertain. Thus, now is the time to AND TECHNOLOGY PROGRAM TO COMMERCIAL budget, the total amount shifted will focus our Defense investments on the re- RESEARCH AND TECHNOLOGY.— search and experimentation needs to meet (1) In supporting projects within the De- be around half a percent of that total new and undefined threats and achieve Full budget over ten years. I am extremely fense Science and Technology Program, the Spectrum Dominance. Secretary of Defense shall attempt to lever- confident that the Secretary of Defense (4) The Department of Defense has been the age commercial research, technology, prod- will be able to make this gradual shift preeminent federal agency supporting re- ucts, and processes for the benefit of the De- in the budget without damaging other search in engineering, mathematics, and partment of Defense to the maximum extent priorities. I am also quite sure its computer science, and a key supporter of re- practicable. something we need to do. search in the physical and environmental (2) Funds made available to the Defense Imagine, if you will, a large company sciences. These disciplines remain critical to Science and Technology Program must only in the most ferociously competitive achieving information superiority and main- be used to benefit the Department of De- taining technological innovation in our mili- fense, which includes— high tech business in the world—a com- tary. The Department of Energy has played (A) the development of defense unique pany that has done very well over the a critical role in supporting the research technology; years, but faces downstream a series of needed to limit the spread of weapons of (B) the development of military useful, new, highly aggressive, innovative and mass destruction. No other organizations, commercially viable technology; or May 14, 1998 CONGRESSIONAL RECORD — SENATE S4911 (C) the adaption of commercial technology, cumstances will last? We don’t know jecting international postal services to products, or processes for military purposes. the answer to that question. The future review by the Postal Rate Commission. (c) RELATIONSHIP OF DEFENSE SCIENCE AND is uncertain and, if history is our At present, the Board of Governors’ TECHNOLOGY PROGRAM TO UNIVERSITY RE- guide, will be considerably more dan- and Postal Rate Commission’s author- SEARCH.—The following shall be key objec- tives of the Defense Science and Technology gerous than today. At the same time, ity to collect and review Postal Service Program— the ongoing technology revolution is data on costs, volumes, and revenues (1) the sustainment of research capabilities creating revolutionary new capabilities extends only to domestic mail. There- in scientific and engineering disciplines crit- that will change the nature of warfare fore, the regulators and Congress, and ical to the Department of Defense; itself. These new capabilities would en- the public, cannot require data to sup- (2) the education and training of the next able our forces to engage an enemy in port statements by the Postal Service generation of scientists and engineers in dis- a coordinated fashion across an entire that international mail is covering its ciplines relevant to future Defense systems, theater of operations and thereby rap- attributable costs. particularly through the conduct of basic re- Allegations have been made that the search; and idly and totally dominate the (3) the continued support of the Defense battlespace. By aggressively exploiting Postal Service uses its revenues from Experimental Program to Stimulate Com- the new capabilities that technology first class mail to subsidize its inter- petitive Research and research programs at has to offer, the U.S. can assure its de- national postal services. The Postal Historically Black Colleges and Universities cisive military superiority over any po- Service denies this, and reminds its and Minority Institutions. tential adversary, even with numeri- competitors that the Postal Reorga- SEC. 5. DEFINITIONS. cally smaller forces than are fielded nization Act prohibits the Postal Serv- As used in this Act— today. Our ability to realize this vision ice from using the revenues from one (1) DEFENSE SCIENCE AND TECHNOLOGY PRO- of the future, however, depends on the service to reduce the price of another. GRAM.—The term ‘‘Defense Science and research and development we conduct When Congress drafted, and later Technology Program’’ means work funded in passed, the postal Reorganization Act Department of Defense accounts 6.1, 6.2, or today. 6.3; and All of the assessments, both internal of 1970, no specific language was in- (2) NONPROLIFERATION SCIENCE AND TECH- and external, of our nation’s defense cluded that would grant the Postal NOLOGY ACTIVITIES.—The term ‘‘nonprolifera- posture concur that we must transform Rate Commission jurisdiction over tion science and technology activities’’ our force structure through greatly ac- international postal services—as it was means work related to preventing and coun- celerated rates of technology insertion. granted for all domestic postal serv- tering the proliferation of weapons of mass The transformed military force envi- ices. I believe this was an oversight by destruction that is funded by the Depart- sioned in, for example, General Congress, and I believe it would be best ment of Energy under the following pro- if, for the purposes of establishing grams and projects of the Department’s Of- Shalikashvili’s Joint Vision 2010 re- fice of Nonproliferation and National Secu- quires a much higher level of research, classes and rates for mail, inter- rity and Office of Defense Programs: development, prototyping, and testing national postal services were to be (A) the Verification and Control Tech- than we are engaged in today. Our cur- treated the same as domestic postal nology program within the Office of Non- rent defense R&D budgets simply don’t services are treated. proliferation and National Security; support the accelerated rates of tech- I invite Senators to consider this pro- (B) projects under the ‘‘Technology and nology insertion and integration that posal and support this effort to bring Systems Development’’ element of the Nu- these assessments imply. harmony to the treatment of inter- clear Safeguards and Security program with- Mr. President, I realize that our mili- national and domestic postal services. in the Office of Nonproliferation and Na- tary has many needs today that com- tional Security; By Mr. GRASSLEY (for himself (C) projects relating to a national capabil- pete for scarce defense dollars. But we and Mr. KOHL): ity to assess the credibility of radiological cannot mortgage our future security to and extortion threats, or to combat nuclear short-term demands. Increased funding S. 2083. A bill to provide for Federal materials trafficking or terrorism, under the for our nation’s defense R&D enterprise class action reform, and for other pur- Emergency Management program within the is essential if we are to realize the vi- poses; to the Committee on the Judici- Office of Nonproliferation and National Se- sion of a transformed force structure ary. curity; that takes advantage of the new oppor- THE CLASS ACTION FAIRNESS ACT (D) projects relating to developing or inte- tunities that the high-tech revolution Mr. GRASSLEY. Mr. President, I rise grating new technology to respond to emer- today to introduce a bill that will help gencies and threats involving the presence, has to offer. The National Defense or possible presence, of weapons of mass de- Science and Technology Investment fight class action lawsuit abuses. This struction; radiological emergencies; and re- Act of 1998 would put us on the path of bill, which Senator KOHL and I are in- lated terrorist threats, under the Office of higher defense R&D budgets by outlin- troducing today, will go a long way to- Defense Programs; and ing a plan for real increases of 16% over ward ending class action lawsuit (E) program direction costs for the pro- ten years. This is a modest proposal, abuses where the plaintiffs receive very grams and projects funded under subpara- Mr. President, and one that holds the little and their lawyers receive a whole graphs (A) through (D). promise of very significant future re- lot. It will also preserve class action Mr. LIEBERMAN. Mr. President, I turns. I urge my colleagues to join Sen- lawsuits as an important toll that am pleased to introduce, along with ator BINGAMAN, SANTORUM, and me and bring representation to the unrepre- Senators BINGAMAN and SANTORUM, the support this important piece of legisla- sented and result in important dis- National Defense Science and Tech- tion. crimination and consumer decisions. nology Investment Act of 1998. I have My Judiciary Subcommittee held a been concerned for some time now that By Mr. COCHRAN: hearing last Fall that exposed and dis- our investments in defense R&D are S. 2082. A bill to amend chapter 36 of cussed the problem of certain class ac- not commensurate with the oppor- title 39, United States Code, to provide tion lawsuit settlements. Let me give tunity that new technology develop- authority to fix rates and fees for do- you an example of a class action law- ments afford. I recognize, Mr. Presi- mestic and international postal serv- suit settlement that I find particularly dent, that relative to the procurement ices, and for other purposes; to the disturbing. In an antitrust case settled budget, defense R&D has fared well in Committee on Governmental Affairs. in the Northern District of Illinois in recent years. While the ratio of R&D THE INTERNATIONAL POSTAL SERVICES ACT OF 1993, the plaintiff class alleged that funding relative to procurement was an 1998 multiple domestic airlines participated appropriate benchmark during the Cold Mr. COCHRAN. Mr. President, today in pricefixing beginning at least as War, I would argue that it is a mislead- I am introducing the International early as January 1, 1988. This ing indicator in the current environ- Postal Services Act of 1998. This bill pricefixing resulted in plaintiffs paying ment. would amend section 3621 of title 39 of more for airline tickets that they oth- We find ourselves in a comparatively the U.S. Code, dealing with the author- erwise would have had to pay. peaceful historical interlude in which ity of the Board of Governors of the The settlement in this case gave a we face no peer military competitors. U.S. Postal Service to establish rates coupon book to all of the plaintiffs. How likely is it that this set of cir- and classes of postal services, by sub- These coupons varied in amount and S4912 CONGRESSIONAL RECORD — SENATE May 14, 1998 number, according to how many plane that, ‘‘It is generally agreed that fees are calling for reform in his area. This tickets the plaintiffs had purchased. drive plaintiffs’ attorneys’ filing be- bill is not just procedural reform; this These coupons can be used toward the havior, that defendants’ risk aversion is substantive reform of our courts sys- purchase of future airline tickets. The in the face of large aggregate exposures tem. This bill will remove the conflict catch is that the plaintiff still has to drives their settlement behavior. . . . of interest that lawyers face in class pay for the majority of any new airline In other words, the problems with class action lawsuits, and ensue the fair set- ticket out of his or her own pocket. actions flow from incentives that are tlement of these cases. This means that only $10 worth of cou- embedded in the process itself.’’ Mr. KOHL. Mr. President, Senator pons can be used towards the purchase The Glassley/Kohl Class Action Fair- GRASSLEY and I today introduce the of a $100 dollar ticket; up to $25 worth ness Act does the following: Class Action Fairness Act of 1998. This of coupons can be used towards the PLAIN ENGLISH legislation addresses a growing prob- purchase of a $250 ticket; up to $50 Notice of proposed settlements (as lem in class action litigation—too worth of coupons can be used towards well as all class notices) in all class ac- many class lawyers put their self-inter- the purchase of a $500 ticket, and so on. tions must be in clear, easily under- est above the best interests of their cli- In addition, these coupons cannot be stood English and must include all ma- ents, often resulting in unfair and abu- used on certain blackout dates, which terial settlement terms, including the sive settlements that shortchange class seem to include all holidays and peak amount and source of attorney’s fees. members while the class lawyers line travel times. One thing that I knew before our hear- their pockets with high fees. The attorneys, interestingly enough, ing, but that witness testimony con- Let me share with you just a few dis- did not get paid in coupons. The plain- firm, is that the notice most plaintiffs turbing examples. tiffs’ attorneys got paid in cash. They receive are written in small print and One of my constituents, Martha Pres- got paid $16 million dollars in cash. If confusing legal jargon. Even one of the ton of Baraboo, Wisconsin, was an the coupons were good enough for their lawyers testifying before my sub- unnamed member of a class action law- clients, I wonder why coupons were not committee said that he couldn’t under- suit against her mortgage company good enough for the lawyers. stand the notice he received as a plain- that ended in a settlement. While at Another egregious class action law- tiff in a class action lawsuit. Since first she got four dollars and change in suit settlement was discussed by one of plaintiffs are giving up their right to compensation, a few months later her the witnesses in my subcommittee sue, it is imperative that they under- lawyers surreptitiously took $80—twen- hearing. Ms. Martha Preston was a stand what they are doing and the ty times her compensation—from her member of the class in Hoffman versus ramifications of their actions. escrow account to pay their fees. In BancBoston, where some of the plain- NOTICE TO STATE ATTORNEYS GENERAL total, her lawyers managed to pocket tiffs received under $10 dollars each in The Class Action Fairness Act re- over $8 million in fees, but never ex- compensation for their injuries, yet quires that State Attorneys General be plained that the class—not the defend- were docked around $75 or $90 for attor- notified of any proposed class settle- ant—would pay the attorneys’ fees. neys’ fees. This means that attorneys ment that would affect residents of Naturally outraged, she and others that they had never met, who were sup- their states. The notice give a state AG sued the class lawyers. Her lawyers posed to be representing their best in- the opportunity to object if the settle- turned around and sued her in ala- terests, agreed to a settlement that ment terms are unfair. bama—a state she had never visited— cost some of the plaintiffs more money ATTORNEYS’ FEES BASED ON ACTUAL DAMAGES and demanded an unbelievable $25 mil- than they received in compensation for Our bill requires that attorney’s fees lion. So not only did she lose $75, she being wronged. These lawsuit abuses happen for a in all class actions must be a reason- was forced to defend herself from a $25 number of reasons. One reason is that able percentage of actual damages and million lawsuit. plaintiffs’ lawyers negotiate their own actual costs of complying with the Class lawyers and defendants often fees as part of the settlement. This can terms of a settlement agreement. engineer settlements that leave plain- result in distracting lawyers from fo- REMOVAL OF MULTISTATE CLASS ACTIONS TO tiffs with small discounts or coupons cussing on their clients’ needs, and set- FEDERAL COURT unlikely ever to be used. Meanwhile tling or refusing to settle based on the This bill provides that class acting class lawyers reap big fees based on un- amount of their own compensation. lawsuits may be removed to a federal duly optimistic valuations. For exam- During our hearing, evidence was court by a defendant or unnamed class ple, in a settlement of a class action presented that at least one group of member if the total damages exceed against major airlines, most plaintiffs plaintiffs’ lawyers meets regularly to $75,000 and parties include citizens received less than $80 in coupons while discuss initiating class action lawsuits. from multiple states. Currently, only class attorneys received $14 million in They scan the Federal Register and defendants can seek removal, and only fees based on a projection that the dis- other publications to get ideas for law- if each name plaintiff has at minimum counts were worth hundreds of mil- suits, and only after they have identi- a $75,000 claim and complete diversity lions. In a suit over faulty computer fied the wrong, do they find clients for exists between all named plaintiffs and monitors, class members got $13 cou- their lawsuits. Rather than having cli- defendants, even if only one class mem- pons, while class lawyers pocketed $6 ents complaining of harms, they find bers is from the same state as a defend- million. And in a class action against harms first, and then recruit clients ant. The bill also eliminates the ability Nintendo, plaintiffs received $5 cou- with the promise of compensation. of a lone class action defendant to veto pons, while attorneys took almost $2 The defendants are not always inno- removal, and it forecloses class attor- million in fees. cent, though. Plaintiffs’ lawyers say neys from avoiding removal by raising Competing federal and state class ac- that they are approached by lawyers a class action claim for the first time tions engage in a race to settlement, from large corporations who urge them only after the suit already has been where the best interests of the class to find a class and sue the corporation. pending for a year. Removal still must lose out. For example, in one state The corporations may use this as a tool be sought within 30 days from when class action the class lawyers nego- to limit their liability. Once this suit there is notice of the class claim. tiated a small settlement precluding is initiated and settled, no member of MANDATORY SANCTIONS FOR FRIVOLOUS SUITS. all other suits, and even agreed to set- the class may sue based on that claim. This section of our bill will reduce tle federal claims that were not at In other words, if a corporation settles frivolous lawsuits by requiring that a issue in state court. Meanwhile, a fed- a class action lawsuit by paying all violation of Rule 11 of the Federal eral court found that the federal claims class members $10 as compensation for Rules of Civil Procedure, which penal- could be worth more than $1 billion, a faulty car door latch, the plaintiffs izes frivolous filings, will require the while accusing the state class lawyers can no longer sue for any harm caused imposition of sanctions. The nature of ‘‘hostile representation’’ that ‘‘sur- by the faulty door latch. this is one and extent of sanctions will remain dis- passed inadequacy and sank to the way of buying immunity for liability. cretionary. level of subversion;’’ ‘‘vigorous dispar- The Preliminary Results of the Rand We need this bill. We need this re- agement’’ of the value of the federal Study of Class Action Litigation states form. Both plaintiffs and defendants claim in order to sell the settlement to May 14, 1998 CONGRESSIONAL RECORD — SENATE S4913 the state court; and pursuit of self-in- tifies the class, and certification is per- if they have little at stake. Not only is terest in ‘‘getting a fee’’ that was mitted only if the class procedure will it expensive to get representation, but ‘‘more in line with the interests of [de- be fair to all class members. Prospec- also it can be extremely difficult to ac- fendants] than those of their clients.’’ tive class members are usually sent no- tually understand what the settlement Class actions are often filed in state tice about the class action, and are pre- really does. Settlements are often writ- courts that are more likely to certify sumed to join it, unless they specifi- ten in long, finely printed letters with them without adequately considering cally ask to be left out. incomprehensible legalese, which even whether a class action would be fair to Often, these suits are settled. The well trained attorneys are hard pressed all class members. On several occa- settlement agreements provide money to understand. And settlements often sions, a state court has certified a class and/or other forms of compensation. omit basic information like how much action although federal courts rejected The attorneys who brought the class money will go towards attorney’s fees, certification of the same case. And in action also get paid for their work. All and where that money will come from. several Alabama state courts, 38 out of class members are notified of the terms In Martha Preston’s case, one promi- 43 classes certified in a three-year pe- of the settlement, and given the chance nent federal judge found that ‘‘the no- riod were certified on an ex parte basis, to object if they don’t think the settle- tice not only didn’t alert the absent without notice and hearing. One Ala- ment is fair. A court must ultimately class members to the pending loss but bama judge acting ex parte certified 11 approve a settlement agreement. also pulled the wool over the state class actions last year alone. Com- The vast majority of these suits are judge’s eyes.’’ parably, only an estimated 38 class ac- brought and settled fairly and in good We all know that class actions can tions were certified in federal court faith. Unfortunately, the class action result in significant and important last year (excluding suits against the system does not adequately protect benefits for class members and society, U.S. and suits brought under federal class members from the few unscrupu- and that most class lawyers and most law). This lack of close scrutiny ap- lous lawyers who are more interested state courts are acting responsibly. pears to create a big incentive to file in in big attorneys’ fees than compensa- Class actions have been used to deseg- state court, especially given the recent tion for their clients, the victims. The regate racially divided schools, to ob- findings of a Rand study that class ac- primary problem is that the client in a tain redress for victims of employment tions are increasingly concentrated in class action is a diffuse group of thou- discrimination, and to compensate in- state courts. sands of individuals scattered across dividuals exposed to toxic chemicals or Class lawyers often manipulate the the country, which is incapable of exer- defective products. Class actions in- pleadings in order to avoid removal of cising meaningful control over the liti- crease access to our civil justice sys- state class actions to federal court, gation. As a result, while in theory the tem because they enable people to pur- even by minimizing the potential class lawyers must be responsive to sue claims that collectively would oth- claims of class members. For example, their clients, the lawyers control all erwise be too expensive to litigate. state class actions often seek just over aspects of the litigation. The difficulty in any effort to im- $74,000 in damages per plaintiff and for- Moreover, during a class action set- prove a basically good system is weed- sake punitive damage claims, in order tlement, the amount of the attorney ing out the abuses without causing to avoid the $75,000 floor that qualifies fee is negotiated between plaintiffs’ undue damage. The legislation we pro- for federal diversity jurisdiction. Or lawyers and the defendants, just like pose attempts to do this. It does not they defeat the federal requirement of other terms of the settlement. But in limit anyone’s ability to file a class ac- complete diversity by making sure at most cases the fees come at the ex- tion or to settle a class action. It seeks least one named class member is from pense of class members—the only party to address the problem in several ways. the same state as a defendant, even if that does not have a seat at the bar- First, it requires that State attorneys every other class member is from a dif- gaining table. general be notified about proposed ferent state. In addition, defendants may use class class action settlements that would af- Out-of-state defendants are often action settlements to advance their fect residents of their states. With no- hauled into state court to address na- own interests. A settlement will gen- tice, the attorneys general can inter- tionwide class claims, although federal erally preclude all future claims by vene in cases where they think the set- courts are a more appropriate and class members. So defendants have tlements are unfair. more efficient forum. For example, an ample motivation to give class lawyers Second, the legislation requires that Alabama court is now considering a the fees they want as the price for set- class members be notified of a poten- class action—and could establish a na- tling all future liabilities. tial settlement in clear, easily under- tional policy—in a suit brought against In light of the incentives that are stood English—not legal jargon. the big three automakers on behalf of driving the parties, it is easy to see Third, it limits class attorneys’ fees every American who bought a dual- how class members are left out in the to a reasonable percentage of the ac- equipped air bags in the past eight cold. Class attorneys and corporate de- tual damages received by plaintiffs and years. The defendants failed in their fendants sometimes reach agreements the actual costs of complying with set- attempt to remove to federal court that satisfy their respective interests— tlement agreements. This will deter based on an application of current di- and even the interests of the named class lawyers from using inflated val- versity law. And, unlike federal courts, class plaintiffs—but that sell short the ues of coupon settlements to reap big states are unable of consolidate mul- interests of any class members who are fees, even if the settlement doesn’t tiple class actions that involve the not vigilantly monitoring the litiga- offer much practical value to victims. same underlying facts. tion. And although the judge is sup- Some courts have already embraced These examples show that abuse of posed to determine whether the settle- this standard, which parallels the re- the class action system is not only pos- ment is fair before approving it, class cent securities reform law. sible, but real. And part of the problem lawyers and defendants ‘‘may even put Fourth, it permits removal to federal are the incentives and realities created one over on the court, a staged per- court of class actions involving citizens by the current system. formance. The lawyers support the set- of multiple states, at the request of A class action is a lawsuit in which tlement to get fees; the defendants sup- unnamed class members or defendants. an attorney not only represents an in- port it to evade liability; the court This provision eliminates gaming by dividual plaintiff, but, in addition, can’t vindicate the class’s rights be- class lawyers to keep cases in state seeks relief for all those individuals cause the friendly presentation means court. It reinforces the legitimate role who suffered a similar injury. For ex- that it lacks essential information.’’ for diversity jurisdiction—to establish ample, a suit brought against a phar- Kamilewicz v. Bank of Boston Corp., 100 the federal courts as the proper forum maceutical company by a person suf- F.3d 1348, 1352 (Easterbrook, J., dissent- for lawsuits directly affecting residents fering from the side effects of a drug ing) (7th Cir. 1996). from diverse states. Diversity jurisdic- can be expanded to cover all individ- Although class members get settle- tion makes little sense if a $76,000 uals who used the drug. A class action ment notices and have the opportunity claim by one out-of-state plaintiff claim may proceed only if a court cer- to object, they rarely do so, especially qualifies for federal jurisdiction but a S4914 CONGRESSIONAL RECORD — SENATE May 14, 1998 multimillion dollar class action bun- that Representatives CAPPS and MIL- the moratoria make long-range busi- dling thousands of $74,000 claims by LER are introducing the House version ness planning difficult, divert re- out-of-state citizens cannot be brought of this legislation. sources and attention from the real in federal court, and if remote state After many years of hard work to need for national energy security plan- courts can make decisions affecting na- prevent further oil drilling in the Outer ning, and send confusing signals to tionwide classes of citizens. Continental Shelf (OCS), I am very both industry and those concerned Finally, it amends Rule 11 of the Fed- pleased to see the broad bi-partisan about the impacts of offshore develop- eral Rules of Civil Procedures to re- support that now exists for this issue. I ment. quire the imposition of sanctions for began fighting for ocean protection on I understand that some feel that we filing frivolous lawsuits, although the the Marin County Board of Super- are losing revenue because of these nature and extent of sanctions remains visors, continued during my 10 years in moratoria. I have two things to say discretionary. This provision will deter the House of Representatives, and as a about that. First, the public strongly the filing of frivolous class actions. United States Senator representing supports the moratorium. And second, Let me emphasize the limited scope California. if the oil companies paid the royalties of this legislation. We do not close the Simply put, my bill says that when a that they currently owe the federal courthouse door to any class action. state establishes a drilling moratorium government we could make up for the We do not require that State attorneys on part or all of its coastal water, that so-called ‘‘lost revenue’’ caused by the general do anything with the notice protection would be extended to adja- moratorium. Oil companies currently they receive. We do not deny reason- cent federal waters. owe the federal government millions able fees for class lawyers. And we do It does a state little good to protect upon millions of dollars. It does not not mandate that every class action be its own waters which extend three make sense to give oil companies ac- brought in federal court. Instead, we miles from the coast only to have drill- cess to more federal oil when they are simply promote closer and fairer scru- ing from four miles to 200 miles in fed- already cheating the American tax- tiny of class actions and class settle- eral waters jeopardizing the entire payer out of millions of dollars. ments. state’s coastline—including the state’s As we celebrate the United Nations We are aware that some are critical protected waters. Year of the Ocean, we have a prime op- of provisions in this bill. For example, An oil spill in federal waters will rap- portunity to strengthen our commit- there is concern that attorneys’ fee idly foul state beaches, contaminate ment to environmental protection by provision does not adequately address the nutrient rich ocean floor upon giving Americans a long lasting legacy settlements which offer primarily in- which local fisheries depend, and en- of coastal protection. junctive relief. For this reason, this danger habitat on state tidelands. We must recognize that the resources bill should be viewed as a point of de- My legislation simply directs the of the lands offshore California, and parture, not a final product. Secretary of Interior to cease leasing the rest of the country, are priceless. But Mr. President, right now, people activities in federal waters where the We must recognize that renewable uses across the country can be dragged into state has declared a moratorium on of the ocean and OCS lands are irre- lawsuits unaware of their rights and such activities thus coordinating fed- placeable elements of a healthy, grow- unarmed on the legal battlefield. What eral protection with state protection. ing economy. These moratoria recog- our bill does is give regular people The bill has a very fundamental phi- nize that the real costs of offshore fos- back their rights and representation. losophy—do no harm to the magnifi- sil fuel development far outweigh any This measure may not stop all abuses, cent coastlines of America and respect benefits that might accrue from those activities. but it moves us forward. It will help state and local laws. I am very pleased that Senators MUR- ensure that good people like Martha I also want to express my strong sup- RAY, SARBANES, ROBB, LAUTENBERG, Preston don’t get ripped off. port for the current protection of our and GRAHAM are original co-sponsors of Mr. President, Senator GRASSLEY and precious marine resources. this legislation. The major portions of fragile Califor- I believe this is a moderate approach to I ask unanimous consent that the correct the worst abuses, while pre- nia coastline is currently protected text of the bill be printed in the from the dangers of oil and gas drilling serving the benefits of class actions. It RECORD. is both pro-consumer and pro-defend- in offshore waters by several provisions There being no objection, the bill was ant. We believe it will make a dif- of law. The State has a permanent ordered to be printed in the RECORD, as ference. moratorium on oil and gas leasing, follows: which covers state waters up to three S. 2084 By Mrs. BOXER (for herself, Mr. miles out. U.S. waters, up to 200 miles Be it enacted by the Senate and House of Rep- SARBANES, Mr. ROBB, Mr. LAU- out, have been protected by a succes- resentatives of the United States of America in TENBERG, Mrs. MURRAY, and Mr. sion of one-year leasing and drilling Congress assembled, GRAHAM): moratoria enacted by Congress each SECTION 1. SHORT TITLE. S. 2084. A bill to amend the Outer year since 1982. This Act may be cited as the ‘‘Coastal Continental Shelf Lands Act to direct In addition, in 1990, President George States Protection Act’’. the Secretary of the Interior to cease Bush issued a statement directing his SEC. 2. STATE MORATORIA ON OFFSHORE MIN- mineral leasing activity on submerged Secretary of the Interior to cancel sev- ERAL LEASING. land of the Outer Continental Shelf Section 8 of the Outer Continental Shelf eral existing leases and withhold any Lands Act (43 U.S.C. 1337) is amended by add- that is adjacent to a coastal State that further leases in California waters for ing at the end the following: has declared a moratorium on mineral 10 years. With this directive, President ‘‘(p) STATE MORATORIA.—When there is in exploration, development, or produc- Bush showed his commitment to pro- effect with respect to lands beneath navi- tion activity in adjacent State waters; hibiting offshore drilling in areas gable waters of a coastal State a moratorium to the Committee on Energy and Natu- where environmental risks outweigh on oil, gas, or other mineral exploration, de- ral Resources. velopment, or production activities estab- the potential energy benefits to the lished by statute or by order of the Gov- THE COASTAL STATES PROTECTION ACT Nation. ernor, the Secretary shall not issue a lease Mrs. BOXER. Mr. President, today, I The strongest protection would be a for the exploration, development, or produc- am introducing the Coastal States Pro- permanent ban on further offshore oil tion of minerals on submerged lands of the tection Act—legislation which I also and gas leases in California waters, and outer Continental Shelf that are seaward of introduced in the 104th Congress. This I have asked the President to consider or adjacent to those lands.’’. act will provide necessary protection this. Mr. GRAHAM. Mr. President, I am for the nation’s Outer Continental California, and the rest of the nation, very pleased to join my colleague Sen- Shelf (OCS) from the adverse effects of need a clear statement of coastal pol- ator BOXER in introducing the ‘‘Outer offshore oil and gas development by icy to provide industries, small busi- Continental Shelf Lands Act.’’ It is a making management of the federal nesses, homeowners and fishermen key step forward in Florida’s long bat- OCS consistent with state-mandated more certainty than can be provided by tle to preserve our beautiful coastal protection of state waters. I am pleased yearly moratoria. Annual battles over and marine ecosystems. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4915 Floridians oppose offshore oil drilling fending themselves against Govern- The last provision, ‘‘The Fair Access because it poses a tremendous threat ment bureaucracy; to protect the right to Indemnity and Reimbursement Act to one of our state’s greatest natural of employers to have a hearing to (FAIR) Act,’’ would amend the NLRA and economic resources—our coastal present their cases in certain represen- to provide that a small business or environment. Florida’s beaches, fish- tation cases; and to prevent the use of labor organization which prevails in an eries, and wildlife draw millions of the National Labor Relations Act for action against the NLRB will auto- tourists each year from around the the purpose of disrupting or inflicting matically be allowed to recoup the at- globe. Tourism directly or indirectly economic harm on employers; to the torneys’ fees and expenses it spends de- supports millions of jobs all across Committee on Labor and Human Re- fending itself. Small employers often Florida, and the travel industry gen- sources. cannot afford the qualified legal rep- erates billions of dollars in economic THE FAIRNESS FOR SMALL BUSINESS AND resentation necessary to defend them- activity every year. EMPLOYEES ACT OF 1998 selves against NLRB charges. The Florida coastline boasts some of Mr. HUTCHINSON. Mr. President, I Mr. President, it is time to stop the the richest estuarine areas in the am pleased to introduce today an im- devastating impact of unfair labor law world. These brackish waters, with portant piece of legislation which enforcement on small businesses and their mangrove forests and seagrass would restore fairness to small busi- their employees. Small businesses are beds, are an irreplaceable link in the nesses and their employees in the na- truly the backbone of our nation’s life cycle of many species, both marine tion’s labor laws, and ensure freedom economy. We must curtail the anti- and terrestrial. Florida’s commercial of choice in the marketplace. ‘‘The competitive attacks, and instead help fishing industry relies on these estu- Fairness for Small Business and Em- these companies devote time, money, aries because they support the nurs- ployees Act of 1998’’ will achieve these and resources toward productivity, eries for the most commercially har- goals, and improve fairness in the Na- growth, and providing new jobs. vested fish. Perhaps the most environ- tional Labor Relations Board (NLRB) I would urge my fellow Senators to mentally delicate regions in the Gulf, process. join me in cosponsoring this legisla- estuaries could be damaged beyond re- Small businesses are facing a serious tion, and work to pass ‘‘The Fairness pair by even a relatively small oil spill. and devastating problem. They are the for Small Business and Employees Act Over the years, we have met with targets of unethical attempts to ma- of 1998.’’ The survival of America’s some success in our effort to protect nipulate the law in order to injure or small businesses demand that we act. Florida’s OCS. In 1995, the lawsuit sur- destroy the competition. We cannot Mr. President, I ask unanimous con- rounding the cancellation of the leases allow any group with an ulterior and sent that the text of the bill be printed around the Florida Keys was settled, destructive motive to use coercive gov- in the RECORD. There being no objection, the bill was removing the immediate threat of oil ernmental power just to harass small ordered to be printed in the RECORD, as and gas drilling from what is an ex- businesses and their workers. tremely sensitive area. Frivolus charges cost companies sig- follows: In June of 1997, Senator MACK and I nificant time, money, and resources to S. 2085 introduced the Florida Coast Protec- defend themselves against complaints Be it enacted by the Senate and House of Rep- tion Act to cancel six leases in an area resentatives of the United States of America in that have no merit. Small businesses, Congress assembled, 17 miles off the coast of Pensacola. in particular, need these resources to This bill would have provided lease- SECTION 1. SHORT TITLE. secure more work opportunities, invest holders with the absolute right to just This Act may be cited as the ‘‘Fairness for in better equipment, and create more compensation from the federal govern- Small Business and Employees Act of 1998’’. jobs. ment in order to recover their invest- TITLE I—TRUTH IN EMPLOYMENT The bill I am introducing today con- SEC. 101. FINDINGS. ment in these leases, while simulta- sists of three separate small business neously protecting the Florida coast- Congress makes the following findings: bills, which I have previously intro- (1) An atmosphere of trust and civility in line that is so critical to our economy. duced in the Senate: ‘‘The Truth in labor-management relationships is essential Luckily, it was never necessary. Less Employment Act,’’ ‘‘The Fair Hearing to a productive workplace and a healthy than a week after we introduced our Act,’’ and ‘‘The Fair Access to Indem- economy. legislation, Mobil Oil announced that nity and Reimbursement Act (FAIR) (2) The tactic of using professional union it was ending its drilling operation off organizers and agents to infiltrate a targeted the Northwest Florida coast and can- Act.’’ employer’s workplace, a practice commonly The first provision, ‘‘The Truth in celling its exploratory leases. While referred to as ‘‘salting’’ has evolved into an Employment Act,’’ remedies the un- Mobil’s action did not completely aggressive form of harassment not con- scrupulous practice of ‘‘salting’’ by eliminate the threats posed by oil and templated when the National Labor Rela- amending the National Labor Rela- tions Act was enacted and threatens the bal- gas drilling, it did mean that the resi- tions Act (NLRA) to make clear that ance of rights which is fundamental to our dents of Florida’s Gulf Coast faced one an employer is not required to hire any system of collective bargaining. fewer environmental catastrophe-in- person who seeks a job in order to pro- (3) Increasingly, union organizers are seek- the-making. mote interests unrelated to those of ing employment with nonunion employers The Florida delegation has also been not because of a desire to work for such em- successful in blocking other attempts the employer. I would point out that ployers but primarily to organize the em- to search for energy resources off our the language in no way infringes upon ployees of such employers or to inflict eco- state’s precious coastline. We’ve any rights or protections otherwise ac- nomic harm specifically designed to put non- worked—and will continue to work—in corded employees under the NLRA, in- union competitors out of business, or to do both. a united, bipartisan fashion to main- cluding the right to organize. This pro- vision would merely alleviate the legal (4) While no employer may discriminate tain the federal moratorium on drilling against employees based upon the views of in sensitive coastal areas. pressures imposed upon employers to hire individuals whose overriding pur- employees concerning collective bargaining, Mr. President, the bill that Senator an employer should have the right to expect BOXER has introduced today will pro- pose for seeking the job is to disrupt job applicants to be primarily interested in vide further protection to all coastal the employer’s workplace, or otherwise utilizing the skills of the applicants to fur- states that have taken action to pre- inflict economic harm designed to put ther the goals of the business of the em- vent offshore oil drilling by issuing a the employer out of business. ployer. state moratorium on oil, gas, or min- The second section, ‘‘The Fair Hear- SEC. 102. PURPOSES. eral exploration, development, or pro- ing Act,’’ would create a statutory The purposes of this title are— right to a hearing for the employer (1) to preserve the balance of rights be- duction within state waters. Florida tween employers, employees, and labor orga- will benefit greatly from this bill, and when there is a dispute regarding the proper bargaining unit of a company nizations which is fundamental to our sys- I urge its speedy passage. tem of collective bargaining; with multiple locations. While the (2) to preserve the rights of workers to or- By Mr. HUTCHINSON: NLRB proposal has been ‘‘tabled’’ for ganize, or otherwise engage in concerted ac- S. 2085. A bill to assist small busi- now, there is still nothing in the law to tivities protected under the National Labor nesses and labor organizations in de- assure fairness for employees. Relations Act; and S4916 CONGRESSIONAL RECORD — SENATE May 14, 1998

(3) to alleviate pressure on employers to (2) The attempt to ‘‘level the playing field’’ (b) COURT PROCEEDINGS.—Subsection (b) of hire individuals who seek or gain employ- for small businesses and labor organizations section 20 of the National Labor Relations ment in order to disrupt the workplace of by means of the Equal Access to Justice Act Act (as added by section 302) applies to civil the employer or otherwise inflict economic has proven ineffective and has been underuti- actions commenced on or after the date of harm designed to put the employer out of lized by these small entities in their actions the enactment of this Act. business. before the National Labor Relations Board. f SEC. 103. PROTECTION OF EMPLOYER RIGHTS. (3) The greater expertise and resources of Section 8(a) of the National Labor Rela- the National Labor Relations Board as com- ADDITIONAL COSPONSORS tions Act (29 U.S.C. 158(a)) is amended by pared with those of small businesses and S. 831 adding after paragraph (5) the following flush labor organizations necessitate a standard At the request of Mr. SHELBY, the sentence: that awards fees and costs to certain small names of the Senator from North Caro- entities when they prevail against the Na- ‘‘Nothing in this subsection shall be con- lina [Mr. HELMS], the Senator from strued as requiring an employer to employ tional Labor Relations Board. Michigan [Mr. ABRAHAM] and the Sen- any person who is not a bona fide employee (b) PURPOSE.—It is the purpose of this applicant, in that such person seeks or has title— ator from Oklahoma [Mr. INHOFE] were sought employment with the employer with (1) to ensure that certain small businesses added as cosponsors of S. 831, a bill to the primary purpose of furthering another and labor organizations will not be deterred amend chapter 8 of title 5, United employment or agency status: Provided, That from seeking review of, or defending against, States Code, to provide for congres- this sentence shall not affect the rights and actions brought against them by the Na- sional review of any rule promulgated tional Labor Relations Board because of the responsibilities under this Act of any em- by the Internal Revenue Service that ployee who is or was a bona fide employee expense involved in securing vindication of their rights; increases Federal revenue, and for applicant, including the right to self-organi- other purposes. zation, to form, join, or assist labor organi- (2) to reduce the disparity in resources and zations, to bargain collectively through rep- expertise between certain small businesses S. 882 resentatives of their own choosing, and to and labor organizations and the National At the request of Mrs. BOXER, the engage in other concerted activities for the Labor Relations Board; and name of the Senator from South Caro- (3) to make the National Labor Relations purpose of collective bargaining or other mu- lina [Mr. HOLLINGS] was added as a co- tual aid or protection.’’. Board more accountable for its enforcement sponsor of S. 882, a bill to improve aca- actions against certain small businesses and TITLE II—FAIR HEARING labor organizations by awarding fees and demic and social outcomes for students SEC. 201. FINDINGS. costs to these entities when they prevail by providing productive activities dur- Congress makes the following findings: against the National Labor Relations Board. ing after school hours. (1) Bargaining unit determinations by SEC. 302. AMENDMENT TO NATIONAL LABOR RE- S. 1252 their nature require the type of fact-specific LATIONS ACT. At the request of Mr. GRAHAM, the analysis that only case-by-case adjudication The National Labor Relations Act (29 names of the Senator from Arkansas allows. U.S.C. 151 et seq.) is amended by adding at [Mr. BUMPERS), the Senator from Lou- (2) The National Labor Relations Board the end the following new section: isiana [Mr. BREAUX), the Senator from has for decades held hearings to determine ‘‘AWARDS OF ATTORNEYS’ FEES AND COSTS the appropriateness of certifying a single lo- New Jersey [Mr. LAUTENBERG], and the ‘‘SEC. 20. (a) ADMINISTRATIVE PROCEED- cation bargaining unit. Senator from Massachusetts [Mr. KEN- INGS.—An employer who, or a labor organiza- (3) The imprecision of a blanket rule limit- tion that— NEDY] were added as cosponsors of S. ing the factors considered material to deter- ‘‘(1) is the prevailing party in an adversary 1252, a bill to amend the Internal Reve- mining the appropriateness of a single loca- adjudication conducted by the Board under nue Code of 1986 to increase the tion bargaining unit detracts from the Na- this or any other Act, and tional Labor Relations Act’s goal of promot- amount of low-income housing credits ‘‘(2) had not more than 100 employees and ing stability in labor relations. which may be allocated in each State, a net worth of not more than $1,400,000 at the and to index such amount for inflation. SEC. 202. PURPOSE. time the adversary adjudication was initi- S. 1334 The purpose of this title is to ensure that ated, the National Labor Relations Board con- shall be awarded fees and other expenses as At the request of Mr. BOND, the name ducts a hearing process and specific analysis a prevailing party under section 504 of title of the Senator from Massachusetts of whether or not a single location bargain- 5, United States Code, in accordance with [Mr. KERRY] was added as a cosponsor ing unit is appropriate, given all of the rel- the provisions of that section, but without of S. 1334, a bill to amend title 10, evant facts and circumstances of a particular regard to whether the position of the Board United States Code, to establish a dem- case. was substantially justified or special cir- onstration project to evaluate the fea- SEC. 203. REPRESENTATIVES AND ELECTIONS. cumstances make an award unjust. For pur- sibility of using the Federal Employees Section 9(c) of the National Labor Rela- poses of this subsection, the term ‘adversary tions Act (29 U.S.C. 159(c)) is amended by adjudication’ has the meaning given that Health Benefits program to ensure the adding at the end the following: term in section 504(b)(1)(C) of title 5, United availability of adequate health care for ‘‘(6) If a petition for an election requests States Code. Medicare-eligible beneficiaries under the Board to certify a unit which includes ‘‘(b) COURT PROCEEDINGS.—An employer the military health care system. the employees employed at one or more fa- who, or a labor organization that— S. 1392 cilities of a multi-facility employer, and in ‘‘(1) is the prevailing party in a civil ac- At the request of Mr. BROWNBACK, the the absence of an agreement by the parties tion, including proceedings for judicial re- name of the Senator from Colorado (stipulation for certification upon consent view of agency action by the Board, brought election or agreement for consent election) by or against the Board, and [Mr. ALLARD] was added as a cosponsor regarding the appropriateness of the bargain- ‘‘(2) had not more than 100 employees and of S. 1392, a bill to provide for offset- ing unit at issue for purposes of subsection a net worth of not more than $1,400,000 at the ting tax cuts whenever there is an (b), the Board shall provide for a hearing time the civil action was filed, elimination of a discretionary spending upon due notice to determine the appro- shall be awarded fees and other expenses as program. priateness of the bargaining unit. In making a prevailing party under section 2412(d) of S. 1677 its determination, the Board shall consider title 28, United States Code, in accordance functional integration, centralized control, At the request of Mr. CHAFEE, the with the provisions of that section, but with- name of the Senator from Delaware common skills, functions and working condi- out regard to whether the position of the [Mr. BIDEN] was added as a cosponsor of tions, permanent and temporary employee United States was substantially justified or interchange, geographical separation, local special circumstances make an award unjust. S. 1677, a bill to reauthorize the North autonomy, the number of employees, bar- Any appeal of a determination of fees pursu- American Wetlands Conservation Act gaining history, and such other factors as ant to subsection (a) or this subsection shall and the Partnerships for Wildlife Act. the Board considers appropriate.’’. be determined without regard to whether the S. 1924 TITLE III—ATTORNEYS FEES position of the United States was substan- At the request of Mr. MACK, the SEC. 301. FINDINGS AND PURPOSE. tially justified or special circumstances names of the Senator from Washington make an award unjust.’’. (a) FINDINGS.—Congress makes the follow- [Mr. GORTON], the Senator from Mary- ing findings: SEC. 303. APPLICABILITY. land [Mr. SARBANES], and the Senator (1) Certain small businesses and labor orga- (a) AGENCY PROCEEDINGS.—Subsection (a) nizations are at a great disadvantage in of section 20 of the National Labor Relations from New Jersey [Mr. LAUTENBERG] terms of expertise and resources when facing Act (as added by section 302) applies to agen- were added as cosponsors of S. 1924, a actions brought by the National Labor Rela- cy proceedings commenced on or after the bill to restore the standards used for tions Board. date of the enactment of this Act. determining whether technical workers May 14, 1998 CONGRESSIONAL RECORD — SENATE S4917 are not employees as in effect before S. CON. RES. 96 centration camp, Gross-Rosen, after the Tax Reform Act of 1986. Whereas during the Nazi occupation of Po- Plaszow was shut down. On his third S. 2033 land, Oskar Schindler personally risked his day there, he was chosen as one of 900 life and that of his wife to provide food and At the request of Mr. ABRAHAM, the workers for Schindler’s new factory in medical care and saved the lives of over 1,000 Brinnlitz, Czechoslovakia. Both men name of the Senator from Oregon [Mr. Jews from death, many of whom later made SMITH] was added as a cosponsor of S. their homes in the United States; later emigrated to the United States. 2033, a bill to amend the Controlled Whereas Oskar Schindler also rescued They have lived in New Jersey since Substances Act with respect to pen- about 100 Jewish men and women from the shortly after the war where they start- alties for crimes involving cocaine, and Golezo´ w concentration camp, who lay ed a home building business. To honor for other purposes. trapped and partly frozen in 2 sealed train Mr. Schindler, these men are respon- cars stranded near Bru¨ nnlitz; sible for over 20 Schindler Courts, Ter- S. 2067 Whereas millions of Americans have been At the request of Mr. ASHCROFT, the made aware of the story of Schindler’s brav- races and Plazas all over the Garden name of the Senator from Washington ery; State. [Mr. GORTON] was added as a cosponsor Whereas on April 28, 1962, Oskar Schindler Mr. President, we recognize that Mr. of S. 2067, a bill to protect the privacy was named a ‘‘Righteous Gentile’’ by Yad Schindler was a human being, not in- Vashem; and fallible like many heroes. But his brav- and constitutional rights of Americans, Whereas Oskar Schindler is a true hero and to establish standards and procedures ery has truly made him stand out and humanitarian deserving of honor by the worthy of honor. There is nothing I can regarding law enforcement access to United States Government: Now, therefore, decryption assistance for encrypted be it say that could describe him any better communications and stored electronic Resolved by the Senate (the House of Rep- than in the words of Mr. Zuckerman. information, to affirm the rights of resentatives concurring), That it is the sense ‘‘I am one of the Survivors and I owe Americans to use and sell encryption of Congress that the Postal Service should my life to the courage and strength of products, and for other purposes. issue a stamp honoring the life of Oskar this great man. He was not a diplomat Schindler. SENATE RESOLUTION 189 or a politician, he was a very good ma- Mr. LAUTENBERG. Mr. President, nipulator. He had the courage and the At the request of Mr. TORRICELLI, the today we celebrate the 50th Anniver- names of the Senator from Nevada [Mr. knowledge to save over 1200 Jews from sary of the establishment of the State death. He managed somehow to fool REID] and the Senator from Connecti- of Israel. As we do so, we also remem- the Germans into thinking he was on cut [Mr. DODD] were added as cospon- ber the tragedy of the Holocaust and their side when all along he was going sors of Senate Resolution 189, a resolu- the events that culminated in the cre- tion honoring the 150th anniversary of behind their backs to save the Jews. ation of a Jewish homeland. His life was always in danger but still the United States Women’s Rights I rise today to submit a measure to Movement that was initiated by the he persisted to do what he knew to be honor an individual who stands in the the right thing, he saved the Jews any- 1848 Women’s Rights Convention held highest esteem of the citizens of Israel, in Seneca Falls, New York, and calling way he could. He bartered, he lied, he and throughout the world. I am pleased used his own money, he did everything for a national celebration of women’s to be joined by the senior senator from rights in 1998. humanly possible to save us. He was Pennsylvania, Senator SPECTER, in very unselfish as his life could have AMENDMENT NO. 2387 submitting this measure calling on the ended at any time but still he did all he At the request of Mr. HUTCHINSON the Postal Service to issue a stamp com- could to save the Jews.’’ name of the Senator from Michigan memorating the life of Oskar Mr. President, Senator SPECTER and I [Mr. ABRAHAM] was added as a cospon- Schindler. are submitting this resolution today to sor of amendment No. 2387 proposed to Millions of people around the world call on the Postal Service to issue a S. 2057, an original bill to authorize ap- know the story of Oskar Schindler, stamp commemorating the life of propriations for the fiscal year 1999 for whose heroism was brought to light by Oskar Schindler. Such a stamp would military activities of the Department the author Thomas Keneally and the bring the story to millions of people. It of Defense, for military construction, film maker Steven Spielberg. During would help us all understand that one and for defense activities of the De- the Nazi occupation of Poland, Oskar individual can make a difference in the partment of Energy, to prescribe per- Schindler demonstrated that one per- lives of others. sonnel strengths for such fiscal year son truly could make a difference. He We understand that we face some- for the Armed Forces, and for other saved the lives of over 1,200 Jewish what of an uphill battle as Mr. purposes. men, women, and children, while risk- Schindler is not a citizen of the United AMENDMENT NO. 2388 ing his own life and that of his wife. States. The Postal Service tells me At the request of Mr. HUTCHINSON the Mr. Schindler also rescued approxi- that its policy is to issue stamps that name of the Senator from Michigan mately 100 Jewish men and women depict American subjects. But we say [Mr. LEVIN] was added as a cosponsor of from the Golezow concentration camp, in response that Mr. Schindler’s life amendment No. 2388 proposed to S. who were trapped in a sealed and freez- was largely devoted to the pursuit of 2057, an original bill to authorize ap- ing railroad car. freedom, to opposing tyranny, and to Two of the individuals whose lives propriations for the fiscal year 1999 for humanitarianism. These qualities cer- were saved by Oskar Schindler are resi- military activities of the Department tainly represent the American ideal dents of New Jersey. Before the war, of Defense, for military construction, and we believe that Mr. Schindler de- Abraham Zuckerman lived in Krakow, and for defense activities of the De- serves the honor that the Postal Serv- Poland. In 1942, he was sent to the partment of Energy, to prescribe per- ice has bestowed on other individuals Plaszow concentration camp where he sonnel strengths for such fiscal year who stood for these ideals. I am pleased faced unspeakable horrors and certain for the Armed Forces, and for other to sponsor this important measure. death. While he waited out his days purposes. f f toiling in a coal yard, one day, to his great fortune, Mr. Zuckerman was told AMENDMENTS SUBMITTED SENATE CONCURRENT RESOLU- that he was one of the fortunate indi- TION 96—EXPRESSING THE viduals whose name appeared on SENSE OF CONGRESS THAT A ‘‘Schindler’s List.’’ Mr. Zuckerman was THE NATIONAL DEFENSE AUTHOR- POSTAGE STAMP SHOULD BE relatively safe for a little more than a IZATION ACT FOR FISCAL YEAR ISSUED HONORING OSKAR year, but when Schindler’s factory in 1999 SCHINDLER Krakow was liquidated, he was sent to Mr. LAUTENBERG (for himself and a concentration camp at Mauthausen Mr. SPECTER) submitted the following and later Gusen II, where he was fi- THURMOND (AND LEVIN) concurrent resolution; which was re- nally liberated. Meanwhile, Mr. AMENDMENT NO. 2399 ferred to the Committee on Govern- Zuckerman’s close friend Murray Mr. THURMOND (himself and Mr. mental Affairs: Pantirer was sent to another con- LEVIN) proposed an amendment to the S4918 CONGRESSIONAL RECORD — SENATE May 14, 1998 bill (S. 2057) to authorize appropria- (l) the antitrust defense under subsection in the Gulf, and no clear authority to tions for the fiscal year 1999 for mili- (f) shall not extend to the international allo- respond to oil supply shortages. Play- tary activities of the Department of cation of petroleum products unless alloca- ing political games with this bill has Defense, for military construction, and tion is required by chapters III and IV of the always been irresponsible; now it is international energy program during an for defense activities of the Depart- international energy supply emergency.’’; downright dangerous. In the future, the ment of Energy, to prescribe personnel (6) in section 281 (42 U.S.C. 6285) by striking only way to avoid the annual crisis is strengths for such fiscal year for the ‘‘1997’’ both places it appears and inserting in to renew EPCA for more than one year. Armed Forces, and for other purposes; lieu thereof ‘‘1999’’; and I am disappointed that we can’t do that as follows: (7) at the end of section 154 by adding the now. But for now, we must avert the following new subsection: In section 103(2), strike out ‘‘$2,375,803,000’’ (f)(1) The drawdown and distribution of pe- immediate crisis. and insert in lieu thereof ‘‘$2,354,745,000’’. troleum products from the Strategic Petro- I have tried to address concerns In section 201(3), strike out ‘‘$13,398,993,000’’ leum Reserve is authorized only under sec- about the future of the SPR. Like and insert in lieu thereof ‘‘$13,673,993,000’’. tion 161 of this Act, and drawdown and dis- many of you, I am dismayed by the re- In section 201(4), strike out ‘‘$9,837,764,000’’ tribution of petroleum products for purposes cent use of the SPR as a ‘‘piggy bank’’. and insert in lieu thereof ‘‘$9,583,822,000’’. other than those described in section 161 of In 1995, DOE proposed the sale of oil to this Act shall be prohibited. pay for repairs and upkeep, opening the MURKOWSKI (AND BINGAMAN) (2) In the Secretary’s annual budget sub- floodgates to continued sales of oil for AMENDMENT NO. 2400 mission, the Secretary shall request funds for acquisition, transportation, and injection budget-balancing purposes. So far, (Ordered to lie on the table.) of petroleum products for storage in the Re- we’ve lost the American taxpayer over Mr. MURKOWSKI (for himself and serve. If no request for funds is made, the half a billion dollars. Buying high and Mr. BINGAMAN) submitted an amend- Secretary shall provide a written expla- selling low never makes sense. We’re ment intended to be proposed by them nation of the reason therefore. like the man in the old joke who was to the bill, S. 2057, supra; as follows: Mr. MURKOWSKI. Mr. President, buying high and selling low who Insert in the appropriate place: this legislation should have been the claimed that ‘‘he would make it up on SEC. . ENERGY POLICY AND CONSERVATION easiest thing we did this Congress. The volume.’’ I am pleased that we were ACT AMENDMENTS. Senate passed a bill on this issue by successful in canceling the oil sale or- The Energy Policy and Conservation Act is unanimous consent three times this dered by the fiscal year 1998 Interior amended— Congress. This bill contains nothing Appropriations bill. I thank the appro- (1) in section 104(b)(1) by striking ‘‘1994’’ less than our Nation’s energy security priators for keeping my oil-sale can- and inserting in lieu thereof ‘‘1999’’; insurance policy. This bill authorizes cellation amendment in the conference (2) in section 166 (42 U.S.C. 6246) by striking ‘‘1997’’ and inserting in lieu thereof ‘‘1999’’; two vital energy security measures: on the Supplemental Appropriations (3) in section 181 (42 U.S.C. 6251) by striking the Strategic Petroleum Reserve and bill. By my calculations, we have saved ‘‘1997’’ both places it appears and inserting in U.S. participation in the International the American taxpayer over $500 mil- lieu thereof ‘‘1999’’; Energy Agency. lion. I am also pleased that the Presi- (4) by striking ‘‘section 252(l)(1)’’ in section Both of these authorities have ex- dent’s budget does not propose oil 251(e)(1) (42 U.S.C. 6271(e)(1)) and inserting pired. Again, this year we have sent sales. I hope we have broken the habit ‘‘section 252(k)(1)’’; our soldiers to the Gulf to protect our of selling SPR oil forever. (5) in section 252 (42 U.S.C. 6272)— Nation’s energy security interests. We We have already invested a great deal (A) in subsection (a)(1) and (b), by striking, owe it to our soldiers, and the Nation’s ‘‘allocation and information provisions of of taxpayer dollars in the SPR. We the international energy program’’ and in- civilian consumers, to do everything proved during the Persian Gulf War serting ‘‘international emergency response we can to ensure that our energy insur- that the stabilizing effect of an SPR provisions’’; ance policy is in effect. drawdown far outstrips the volume of (B) in subsection (d)(3), by striking However, to ensure our Nation’s en- oil sold. The simple fact that the SPR ‘‘known’’ and inserting after ‘‘cir- ergy security fully, we need more than is available can have a calming influ- cumstances’’ ‘‘known at the time of ap- just a simple extension of these au- ence on oil markets. The oil is there, proval’’; thorities. We must change the anti- waiting to dampen the effects of an en- (C) in subsection (e)(2) by striking ‘‘shall’’ trust exemption in EPCA to comply and inserting ‘‘may’’; ergy emergency on our economy. How- (D) in subsection (f)(2) by inserting ‘‘vol- with current IEA policy. The IEA ever, if we don’t ensure that there is untary agreement or’’ after ‘‘approved’’; changed its emergency response policy authority to use the oil when we need (E) by amending subsection (h) to read as at our request, switching from com- it, we will have thrown those tax dol- follows— mand-and-control measures to more lars away. So, the first step is to en- (h) Section 708 of the Defense Production market-oriented coordinated sure that our emergency oil reserves Act of 1950 shall not apply to any agreement stockdraw procedures. However, our are fully authorized and available. or action undertaken for the purpose of de- laws haven’t kept up. We are talking about people’s lives veloping or carrying out— Right now, our U.S. oil companies and jobs. The least we can do is stop (1) the international energy program, or don’t have any assurance that their at- (2) any allocation, price control, or similar holding this measure hostage to politi- program with respect to petroleum products tempts to cooperate with the IEA and cal ambition. I urge my colleagues to under this Act.; our government in a crises won’t be a support the adoption of this amend- (F) in subsection (k) by amending para- violation of antitrust laws. The IEA’s ment. graph (2) to read as follows— efforts to respond to a crisis are al- (2) The term ‘‘international emergency re- ready being critically impaired, be- THOMAS AMENDMENT NO. 2401 sponse provisions’’ means— cause they can’t coordinate with U.S. Mr. THOMAS proposed an amend- (A) the provisions of the international en- oil companies or even conduct exer- ment to the amendment No. 2387 pro- ergy program which relate to international cises to prepare for an emergency. Our allocation of petroleum products and to the posed by Mr. HUTCHINSON to the bill, S. oil companies want to cooperate with information system provided in the program, 2057, supra; as follows and our government and the IEA and strongly support this amendment. In the pending amendment, on page 1, (B) the emergency response measures strike lines 5 through page 5, line 4. adopted by the Governing Board of the Inter- For every year in recent memory, we national Energy Agency (including the July have authorized this Act on a year-to- 11, 1984, decision by the Governing Board on year basis. Every year, we face a poten- HARKIN (AND WELLSTONE) ‘‘Stocks and Supply Disruptions’’) for— tial crises when these authorities go AMENDMENT NO. 2402 (i) the coordinated drawdown of stocks of unrenewed until the very end of the Mr. HARKIN (for himself and Mr. petroleum products held or controlled by Congress. The provisions of this bill are WELLSTONE) proposed an amendment to governments; and the amendment No. 2388 proposed by (ii) complementary actions taken by gov- not controversial. However, there are ernments during an existing or impending those who see any important bill as le- Mr. HUTCHINSON to the bill, S. 2057, international oil supply disruption.’’; and verage. supra; as follows (G) by amending subsection (l) to read as This year, we are on the edge of a In lieu of the language proposed to be in- follows— real crises. We have military activity serted, insert the following: May 14, 1998 CONGRESSIONAL RECORD — SENATE S4919

SECTION 1. FINDINGS. (3) The progress of the United States Cus- (b) AVAILABILITY OF FUNDS FOR CERTAIN Congress makes the following findings: toms Service in identifying and interdicting PRE-CLOSURE ACTIVITIES.— Subsection (d) of (1) The United States Customs Service has products made with forced labor or inden- the section is amended is amended by adding identified goods, wares, articles, and mer- tured labor, including forced or indentured at the end the following: chandise mined, produced, or manufactured child labor that are destined for the United ‘‘(3) No funds appropriated or otherwise under conditions of convict labor, forced States market. available to the Department of Defense may labor, or indentured labor, in several coun- SEC. 4. RENEGOTIATING MEMORANDA OF UN- be obligated or expended for the purpose of tries. DERSTANDING ON FORCED LABOR. planning or carrying out a transfer of civil- (2) The United States Customs Service has It is the sense of Congress that the Presi- ian or military personnel or equipment in made limited attempts to prohibit the im- dent should determine whether any country connection with a closure of a military in- port of products made with forced labor, re- with which the United States has a memo- stallation not covered by subsection (a) un- sulting in only a few seizures, detention or- randum of understanding with respect to re- less the use of funds for that purpose is spe- ders, fines, and criminal prosecutions. ciprocal trade that involves goods made with cifically authorized by law.’’. (3) The United States Customs Service has forced labor or indentured labor, including (c) DEFINITIONS.—Subsection (e) of that taken 21 formal administrative actions in forced or indentured child labor is frustrat- section is amended— (1) in paragraph (3), by inserting ‘‘(includ- the form of detention orders against dif- ing implementation of the memorandum. If ing a consolidation)’’ after ‘‘any action’’; and ferent products destined for the United an affirmative determination be made, the States market, found to have been made (2) by adding at the end the following: President should immediately commence ne- ‘‘(5) The term ‘closure’ includes any action with forced labor, including products from gotiations to replace the current memoran- to inactivate or abandon a military installa- the People’s Republic of China. dum of understanding with one providing for tion or to transfer a military installation to (4) However, the United States Customs effective procedures for the monitoring of caretaker status.’’. Service has never formally investigated or forced labor or indentured labor, including pursued enforcement with respect to at- SEC. . SENSE OF THE SENATE ON FURTHER forced or indentured child labor. The memo- ROUNDS ON BASE CLOSURES. tempts to import products made with forced randum of understanding should include im- (a) FINDINGS.—The Senate finds that— or indentured child labor. proved procedures for requesting investiga- (1) There may be a need for further rounds (5) The United States Customs Service can tions of suspected work sites by inter- of base closures, but there is no need to au- use additional resources and tools to obtain national monitors. thorize in 1998 a new base closure commis- the timely and in-depth verification nec- SEC. 5. DEFINITION OF FORCED LABOR. sion that would not begin its work until essary to identify and interdict products In this Act, the term ‘‘forced labor’’ means three years from now, in 2001; made with forced labor or indentured labor, convict labor, forced labor, or indentured (2) While the Department of Defense has including forced or indentured child labor, labor, as such terms are used in section 307 submitted a report to the Congress in re- that are destined for the United States mar- of the Tariff Act of 1930. The term includes sponse to Section 2824 of the National De- ket. forced or indentured child labor— fense Authorization Act for Fiscal Year 1998, (6) The International Labor Organization (1) that is exacted from any person under that report— estimates that approximately 250,000,000 15 years of age, either in payment for the (A) based its estimates of the costs and children between the ages of 5 and 14 are debts of a parent, relative, or guardian, or savings of previous base closure rounds on working in developing countries, including drawn under false pretexts; and data that the General Accounting Office has millions of children in bondage or otherwise (2) with respect to which such person is described as ‘‘inconsistent’’, ‘‘unreliable’’ forced to work for little or no pay. confined against the person’s will. and ‘‘incomplete’’; (7) Congress has clearly indicated in Public Section 307 of the Tariff Act of 1930 (19 (B) failed to demonstrate that the Defense Law 105–61, Treasury-Postal Service Appro- U.S.C. 1307) is amended by adding at the end Department is working effectively to im- priations, 1998, that forced or indentured the following new paragraph: prove its ability to track base closure costs child labor constitutes forced labor under ‘‘For purposes of this section, forced or in- and savings resulting from the 1993 and 1995 section 307 of the Tariff Act of 1930 (19 U.S.C. dentured labor includes forced or indentured base closure rounds, which are ongoing; (C) modeled the savings to be achieved as a 1307). child labor.’’ SEC. 2. AUTHORIZATION FOR ADDITIONAL CUS- result of further base closure rounds on the TOMS PERSONNEL TO MONITOR THE 1993 and 1995 rounds, which are as yet incom- IMPORTATION OF PRODUCTS MADE INHOFE (AND OTHERS) plete and on which the Department’s infor- WITH FORCED OR INDENTURED AMENDMENT NO. 2403 mation is faulty; and LABOR. (Ordered to lie on the table.) (D) projected that base closure rounds in There are authorized to be appropriated 2001 and 2005 would not produce substantial $2,000,000 for fiscal year 1999 to the United Mr. INHOFE (for himself, Mr. DOR- savings until 2008, a decade after the federal States Customs Service to monitor the im- GAN, Ms. SNOWE, Mr. BENNETT, Mr. government will have achieved unified budg- portation of products made with forced labor SMITH of New Hampshire, Ms. COLLINS, et balance, and 5 years beyond the planning or indentured labor, including forced or in- Mr. SHELBY, Mr. SESSIONS, and Mr. period for the current congressional budget dentured child labor, the importation of HATCH) submitted an amendment in- and Future Years Defense Plan; which violates section 307 of the Tariff Act of tended to be proposed by them to the (3) Section 2824 required that the Congres- 1930 or section 1761 of title 18, United States bill, S. 2057, supra; as follows: sional Budget Office and the General Ac- Code. counting Office review the Defense Depart- SEC. 3. REPORTING REQUIREMENT ON FORCED At the appropriate place in Title XXVIII of ment’s report, and— LABOR OR INDENTURED LABOR the bill, insert the following: (A) The General Accounting Office stated PRODUCTS DESTINED FOR THE SEC. . MODIFICATION OF LIMITATIONS ON GEN- on May 1, that ‘‘we are now conducting our UNITED STATES MARKET. ERAL AUTHORITY RELATING TO analysis to be able to report any limitations (a) REPORT TO CONGRESS.—Not later than 1 BASE CLOSURES AND REALIGN- that may exist in the required level of detail. year after the date of enactment of this Act, MENTS. .. . [W]e are awaiting some supporting docu- the Commissioner of Customs shall prepare (a) ACTIONS COVERED BY NOTICE AND WAIT mentation from the military services to help and transmit to Congress a report on prod- PROCEDURES.—Subsection (a) of section 2687 us finish assessing the report’s informa- ucts made with forced labor or indentured of title 10, United States Code, is amended by tion.’’; labor, including forced or indentured child striking out paragraphs (1) and (2) and in- (B) The Congressional Budget Office stated labor that are destined for the United States serting in lieu thereof the following new on May 1 that its review is ongoing, and that market. paragraphs (1) and (2); ‘‘it is important that CBO take the time nec- (b) CONTENTS OF REPORT.—The report ‘‘(1) the closure of any military installa- essary to provide a thoughtful and accurate under subsection (a) shall include informa- tion at which at least 150 civilian personnel evaluation of DoD’s report, rather than issue tion concerning the following: are authorized to be employed; a preliminary and potentially inaccurate as- (1) The extent of the use of forced labor or ‘‘(2) any realignment with respect to a sessment.’’; indentured labor, including forced or inden- military installation if such realignment (4) The Congressional Budget Office rec- tured child labor in manufacturing or mining will result in an aggregate reduction in the ommended that ‘‘The Congress could con- products destined for the United States mar- number of civilian personnel authorized to sider authorizing an additional round of base ket. be employed at such military installation closures if the Department of Defense be- (2) The volume of products made or mined during the fiscal year in which notice of such lieves that there is a surplus of military ca- with forced labor or indentured labor, includ- realignment is submitted to Congress under pacity after all rounds of BRAC have been ing forced or indentured child labor that is— subsection (b) equal to or greater than— carried out. That consideration, however, (A) destined for the United States market, ‘‘(A) 150 such civilian personnel; or should follow an interval during which DoD (B) in violation of section 307 of the Tariff ‘‘(B) the number equal to 50 percent of the and independent analysts examine the actual Act of 1930 or section 1761 of title 18, United total number of civilian personnel author- impact of the measures that have been taken States Code, and ized to be employed at such military instal- thus far.’’ (C) seized by the United States Customs lation at the beginning of such fiscal year; (b) SENSE OF THE CONGRESS.—It is the sense Service. or’’. of the Congress that: S4920 CONGRESSIONAL RECORD — SENATE May 14, 1998 (1) Congress should not authorize further rate nuclear explosive devices, including a ‘‘(1) The term ‘decoration’ means any deco- rounds of base closures and realignments fission device, a low-yield device, and a ther- ration or award that may be presented or until all actions authorized by the Defense mo-nuclear device; awarded to a member of the armed forces. Base Closure and Realignment Act of 1990 On May 13, 1998 the Government of India ‘‘(2) The term ‘serious violent felony’ has are completed; and conducted two additional underground tests the meaning given that term in section (2) The Department of Defense should sub- of nuclear explosive devices; 3359(c)(2)(F) of title 18.’’. mit forthwith to the Congress the report re- This decision by the Government of India (b) CLERICAL AMENDMENT.—The table of quired by Section 2815 of Public Law 103–337, has needlessly raised tension in the South sections at the beginning of that chapter is analyzing the effects of base closures and re- Asia region and threatens to exacerbate the amended by adding at the end the following: alignments on the ability of the Armed nuclear arms race in that region; ‘‘1132. Presentation of decorations: prohibi- Forces to remobilize, describing the military The five declared nuclear weapons states tion on entering into correctional fa- construction projects needed to facilitate and 144 other nations have signed the Com- cilities for certain presentations.’’. such remobilization, and discussing the as- prehensive Test Ban Treaty in hopes of put- sets, such as air space, that would be dif- ting a permanent end to nuclear testing; ficult to reacquire in the event of such re- The Government of India has refused to BROWNBACK (AND HARKIN) mobilization. sign the Comprehensive Test Ban Treaty; The Government of India has refused to AMENDMENT NO. 2407 INHOFE (AND OTHERS) sign the Nuclear Non-Proliferation Treaty; Mr. BROWNBACK (for himself and India has refused to enter into a safeguards AMENDMENT NO. 2404 Mr. HARKIN) proposed an amendment to agreement with the International Atomic the amendment No. 2405 proposed by Energy Agency covering any of its nuclear (Ordered to lie on the table.) Mrs. FEINSTEIN to the bill, S. 2057, research facilities; Mr. INHOFE (for himself, Mr. HUTCH- supra; as follows: INSON, Mr. ASHCROFT, Mr. BROWNBACK, The Nuclear Proliferation Act of 1994 re- quires the President to impose a variety of At the end of the amendment add the fol- and Mr. SMITH of New Hampshire) sub- aid and trade sanctions against any non-nu- lowing: mitted an amendment intended to be clear weapons state that detonates a nuclear SEC. 1064. REPEAL OF RESTRICTION ON CERTAIN proposed by them to the bill, S. 2057, explosive device; ASSISTANCE AND OTHER TRANS- supra; as follows: It is the sense of Senate that the Senate— FERS TO PAKISTAN. In title XXVIII, insert the following: (1) Condemns in the strongest possible Section 620E(e) of the Foreign Assistance SEC. . PROHIBITION ON CONVEYANCE OF PROP- terms the decision of the Government of Act of 1961 (22 U.S.C. 2375(e)) is repealed. ERTY AT LONG BEACH NAVAL STA- India to conduct three nuclear tests on May TION, CALIFORNIA, TO CHINA 11, 1998 and two nuclear tests on May 13, 1998; OCEAN SHIPPING COMPANY. (2) Supports the President’s decision to MURRAY (AND SARBANES) (a) PROHIBITION AGAINST DIRECT CONVEY- carry out the provisions of the Nuclear Pro- AMENDMENT NO. 2408 ANCE.—In disposing of real property in con- liferation Prevention Act of 1994 with respect (Ordered to lie on the table.) nection with the closure of Long Beach to India and invoke all sanctions therein; Mrs. MURRAY (for herself and Mr. Naval Station, California, under the provi- (3) Calls upon the Government of India to sions of the Defense Base Closure and Re- take immediate steps to reduce tensions that SARBANES) submitted an amendment alignment Act of 1990 (part A of title XXIX this unilateral and unnecessary step has intended to be proposed by them to the of Public Law 101–510; 10 U.S.C. 2687 note), caused; bill, S. 2057, supra; as follows: the Secretary of Defense may not convey (4) Expresses its regret that this decision On page 109, below line 20, add the follow- any portion of the property (whether by sale, by the Government of India will, of neces- ing: lease, or other method) to China Ocean Ship- sity, set back relations between the United SEC. 531. HONOR GUARD DETAILS AT FUNERALS ping Company, or any successor entity to States and India; OF VETERANS. the company. (5) Urges the Government of Pakistan, the (a) IN GENERAL.—(1) Chapter 75 of title 10, (b) PROHIBITION AGAINST INDIRECT CONVEY- Government of the People’s Republic of United States Code, is amended by adding at ANCE.—The Secretary shall impose as a con- China, and all governments to exercise re- the end the following: dition on each conveyance of real property straint in response to the Indian nuclear ‘‘§ 1491. Honor guard details located at Long Beach Naval Station the re- tests, in order to avoid further exacerbating quirement that the property may not be sub- the nuclear arms race in South Asia; ‘‘(a) AVAILABILITY UPON REQUEST.—The sequently conveyed (whether by sale, lease, (6) Calls upon all governments in the re- Secretaries of the military departments or other method) to China Ocean Shipping gion to take steps to prevent further pro- shall provide honor guard details at funerals Company, or any successor entity to the liferation of nuclear weapons and ballistic of veterans of the armed forces only upon re- company. missiles; quest. (c) REVERSIONARY INTEREST.—If the Sec- (7) Urges the Government of India to enter ‘‘(b) MINIMUM SIZE OF DETAILS.—The Sec- retary determines at any time that real into a safeguards agreement with the Inter- retaries of the military departments shall property located at Long Beach Naval Sta- national Atomic energy Agency which would ensure that honor guard details at funerals tion and conveyed under the provisions of cover all Indian nuclear research facilities at of veterans of the armed forces consist of not the Defense Base Closure and Realignment the earliest possible time. less than four members of the armed forces. Act of 1990 has been conveyed to China Ocean ‘‘(c) AVAILABILITY OF APPROPRIATIONS.— Shipping Company (or any successor entity FEINSTEIN AMENDMENT NO. 2406 Any amounts appropriated to the Depart- to the company) in violation of subsection ment of Defense may be used in order to (b), or is otherwise being used by China (Ordered to lie on the table.) meet the requirement set forth in subsection Ocean Shipping Company (or any successor Mrs. FEINSTEIN submitted an (b).’’. entity to the company) in violation of such amendment intended to be proposed by (2) The table of sections at the beginning of subsection, all right, title, and interest in her to the bill, S. 2057, supra; as fol- such chapter is amended by adding at the and to the property shall revert to the lows: end the following: United States, and the United States shall At the end of subtitle C of title V, add the ‘‘1491. Honor guard details.’’. have the right of immediate entry thereon. following: (b) TREATMENT OF PERFORMANCE OF SEC. 531. PROHIBITION ON ENTRY INTO CORREC- HONOR GUARD FUNCTIONS BY RESERVES.— FEINSTEIN (AND OTHERS) TIONAL FACILITIES FOR PRESEN- Chapter 1215 of title 10, United States Code, AMENDMENT NO. 2405 TATION OF DECORATIONS TO PER- is amended— SONS WHO COMMIT CERTAIN (1) by striking out the following: Mrs. FEINSTEIN (for herself, Mr. CRIMES BEFORE PRESENTATION. ‘‘[No present sections]’’; and BROWNBACK, Mr. GLENN, and Mr. (a) PROHIBITION.—Chapter 57 of title 10, (2) by inserting in lieu thereof the follow- BRYAN) proposed an amendment to the United States Code, is amended by adding at ing: bill, S. 2057, supra; as follows: the end the following: ‘‘Sec. At the appropriate place insert: ‘‘§ 1132. Presentation of decorations: prohibi- ‘‘12551. Honor guard functions: prohibition on The Government of India conducted an un- tion on entering into correctional facilities treatment as drill or training. derground nuclear explosion on May 18, 1974; for certain presentations Since the 1974 nuclear test by the Govern- ‘‘(a) PROHIBITION.—No member of the ‘‘§ 12551. Honor guard functions: prohibition ment of India, the United States and its al- armed forces may enter into a Federal, on treatment as drill or training lies have worked extensively to prevent the State, or local correctional facility for pur- ‘‘Any performance by a Reserve of honor further proliferation of nuclear weapons in poses of presenting a decoration to a person guard functions at the funeral of a veteran of South Asia; who has been convicted of a serious violent the armed forces may not be considered to be On May 11, 1998, the Government of India felony. a period of drill or training otherwise re- conducted underground tests of three sepa- ‘‘(b) DEFINITIONS.—In this section: quired.’’. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4921 (c) REPEAL OF LIMITATION ON AVAILABILITY United States Code, to implement the Agriculture, Commodity Futures Trad- OF FUNDS FOR HONOR GUARD FUNCTIONS BY WIPO Copyright Treaty and the WIPO ing Commission and Farm Credit Ad- NATIONAL GUARD.—Section 114 of title 32, Performances and Phonograms Treaty, ministration. United States Code, is amended— to provide limitations on copyright li- The PRESIDING OFFICER. Without (1) by striking out ‘‘(a)’’; and (2) by striking out subsection (b). ability relating to material online, and objection, it is so ordered. (d) APPLICABILITY.—The amendments made for other purposes; as follows: COMMITTEE ON FINANCE by this section shall apply to burials of vet- On page 12, line 15 strike subsection (c) and Mr. THURMOND. Mr. President, I erans that occur on or after the date that is redesignate the succeeding subsections and ask unanimous consent that the Com- 180 days after the date of enactment of this references thereto accordingly. mittee on Finance be permitted to Act. On page 17, line 4, insert ‘‘and with the in- meet Thursday, May 14, 1998, beginning (e) REPORT ON IMPLEMENTATION.—Not later tent to induce, enable, facilitate or conceal at 9:30 a.m. in room SH–215, to conduct than 180 days after the date of enactment of infringement’’ after ‘‘knowingly’’. this Act, the Secretary of Defense shall sub- On page 17, beginning on line 8, strike ‘‘, a markup. mit to Congress the directives prescribed by with the intent to induce, enable, facilitate The PRESIDING OFFICER. Without the Secretary of the Army, the Secretary of or conceal infringement’’. objection, it is so ordered. the Navy, and the Secretary of the Air Force On page 17, beginning on line 21, strike COMMITTEE ON FOREIGN RELATIONS in order to carry out the requirements under paragraph (3) and insert in lieu thereof the Mr. THURMOND. Mr. President, I the amendments made by this section. following: ask unanimous consent that the Com- ‘‘(3) distribute, import for distribution, or mittee on Foreign Relations be author- publicly perform works, copies of works, or MURRAY (AND SNOWE) ized to meet during the session of the AMENDMENT NO. 2409 phonorecords, knowing that copyright man- agement information has been removed or Senate on Thursday, May 14, 1998, at 10 (Ordered to lie on the table.) altered without authority of the copyright a.m. and 1:30 p.m. to hold two hearings. Mrs. MURRAY (for herself and Ms. owner or the law, The PRESIDING OFFICER. Without SNOWE) submitted an amendment in- knowing, or, with respect to civil remedies objection, it is so ordered. tended to be proposed by them to the under section 1203, having reasonable COMMITTEE ON GOVERNMENTAL AFFAIRS bill, S. 2057, supra; as follows: grounds to know, that it will induce, enable, Mr. THURMOND. Mr. President, I At the end of title VII add the following: facilitate or conceal an infringement of any ask unanimous consent on behalf of the right under this title.’’. SEC. 708. RESTORATION OF PREVIOUS POLICY Governmental Affairs Committee to REGARDING RESTRICTIONS ON USE On page 19, line 4, insert the following new OF DEPARTMENT OF DEFENSE MED- paragraph and redesignate the succeeding meet on Thursday, May 14, 1998, at 2 ICAL FACILITIES. paragraphs accordingly: p.m. for a business meeting and mark- Section 1093 of title 10, United States Code, ‘‘(6) terms and conditions for use of the up. is amended— work;’’. The PRESIDING OFFICER. Without (1) by striking out subsection (b); and On page 19, line 4, strike ‘‘of’’ and insert in objection, it is so ordered. (2) in subsection (a), by striking out ‘‘(a) lieu thereof ‘‘or’’. COMMITTEE ON THE JUDICIARY RESTRICTION ON USE OF FUNDS.—’’. f Mr. THURMOND. Mr. President, I MCCAIN (AND OTHERS) NOTICE OF JOINT HEARING ask unanimous consent that the Com- mittee on the Judiciary be authorized AMENDMENT NO. 2410 COMMITTEE ON ENERGY AND NATURAL RE- to meet during the session of the Sen- Mr. MCCAIN (for himself, Mr. LEVIN, SOURCES AND COMMITTEE ON FOREIGN RELA- ate on Thursday, May 14, 1998, at 2 and Mr. THURMOND) proposed an TIONS p.m., in room 226 of the Senate Dirksen amendment to the bill, S. 2057, supra; Mr. MURKOWSKI. Mr. President, I Office Building to hold a hearing on as follows: would like to announce for the infor- mation of the Senate and the public ‘‘Judicial Nominations.’’ At the end of subtitle B of title VI, add the The PRESIDING OFFICER. Without following: that a joint hearing has been scheduled objection, it is so ordered. SEC. 620. HARDSHIP DUTY PAY. before the Committee on Energy and (a) DUTY FOR WHICH PAY AUTHORIZED.— Natural Resources and the Committee COMMITTEE ON SMALL BUSINESS Subsection (a) of section 305 of title 37, on Foreign Relations. Mr. THURMOND. Mr. President, I United States Code, is amended by striking The hearing will take place on Thurs- ask unanimous consent that the Com- out ‘‘on duty at a location’’ and all that fol- day, May 21, 1998, beginning at 10 a.m. mittee on Small Business be authorized lows and inserting in lieu thereof ‘‘perform- in Room SD–419 of the Dirksen Senate to meet during the session of the Sen- ing duty in the United States or outside the ate for a hearing nominating Fred P. United States that is designated by the Sec- Office Building. retary of Defense as hardship duty.’’. The purpose of this hearing is to re- Hochberg to be Deputy Administrator (b) REPEAL OF EXCEPTION FOR MEMBERS RE- ceive testimony on the subject of Iraq: of the U.S. Small Business Administra- CEIVING CAREER SEA PAY.—Subsection (c) of Are Sanctions Collapsing? tion. The hearing will begin at 9:30 a.m. such section is repealed. Those who wish to submit written on Thursday, May 14, 1998, in room (c) CONFORMING AMENDMENTS.—(1) Sub- 428A Russell Senate Office Building. sections (b) and (d) of such section are statements should write to the Com- mittee on Foreign Relations, United The PRESIDING OFFICER. Without amended by striking out ‘‘hardship duty lo- objection, it is so ordered. cation pay’’ and inserting in lieu thereof States Senate, Washington, D.C. 20510. ‘‘hardship duty pay’’. For further information, please contact SELECT COMMITTEE ON INTELLIGENCE (2) Subsection (d) of such section is redes- Ms. Danielle Pletka of the Foreign Re- Mr. THURMOND. Mr. President, I ignated as subsection (c). lations Committee staff at (202) 224– ask unanimous consent that the Select (3) The heading for such section is amended 4651 or Mr. Howard Useem of the En- Committee on Intelligence be author- by striking out ‘‘location’’. (4) Section 907(d) of title 37, United States ergy & Natural Resources Committee ized to meet during the session of the Code, is amended by striking out ‘‘duty at a staff at (202) 224–6567. Senate on Thursday, May 14, 1998, at hardship duty location’’ and inserting in lieu f 3:30 p.m. to hold closed hearing on In- thereof ‘‘hardship duty’’. telligence Matters. (d) CLERICAL AMENDMENT.—The item relat- AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without ing to section 305 in the table of sections at MEET objection, it is so ordered. the beginning of chapter 5 of such title is COMMITTEE ON AGRICULTURE, NUTRITION, AND SUBCOMMITTEE ON INVESTIGATIONS amended to read as follows: FORESTRY Mr. THURMOND. Mr. President, I ‘‘305. Special pay: hardship duty pay.’’. Mr. THURMOND. Mr. President, I ask unanimous consent on behalf of the f ask unanimous consent that the Com- Permanent Subcommittee on Inves- THE DIGITAL MILLENNIUM mittee on Agriculture, Nutrition, and tigations of the Governmental Affairs COPYRIGHT ACT OF 1998 Forestry be allowed to meet during the Committee to meet on Thursday, May session of the Senate on Thursday, 14, 1998, at 9:30 a.m. for a hearing on May 14, 1998, at 9 a.m. in SR–328A. The the topic of ‘‘The Safety of Food Im- HATCH AMENDMENT NO. 2411 purpose of this meeting will be to ex- ports.’’ Mr. HATCH proposed an amendment amine the year 2000 computer problem The PRESIDING OFFICER. Without to the bill (S. 2037) to amend title 17, compliance of the U.S. Department of objection, it is so ordered. S4922 CONGRESSIONAL RECORD — SENATE May 14, 1998 SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC nomic hardship on the poorest of the ing more than 40 million people in the PRESERVATION poor. On the other, the radiation from United States. The Centers for Disease Mr. THURMOND. Mr. President, I these nuclear blasts has severe health Control and Prevention predict that by ask unanimous consent that the Sub- impacts on all Indians including those the year 2020, arthritis prevalence will committee on National Parks, Historic closest to New Delhi. It was irrespon- increase to 59.4 million Americans—one Preservation, and Recreation of the sible for the leaders of India to sac- out of every five people, including Committee on Energy and Natural Re- rifice the economic and physical well- 285,000 children. sources be granted permission to meet being of its people for a display of mili- If that is not enough, the economic during the session of the Senate on tary might. impact of arthritis is significant. I Thursday, May 14, for purposes of con- Moreover, countries that break inter- have been informed that arthritis re- ducting a subcommittee hearing which national law by detonating nuclear de- sults in 39 million physician visits a is scheduled to begin at 2 p.m. The pur- vices are subject to denial of U.S. cred- year and more than half a million hos- pose of this hearing is to receive testi- its and credit guarantees. pitalizations annually. Medical costs mony on titles IX and X of S. 1693, the Federal law also requires U.S. opposi- and lost productivity due to arthritis Vision 2020 National Parks Restoration tion to loan requests to international are estimated at almost $65 billion per lending institutions and bars loans Act; and S. 1614, a bill to require a per- year—approximately 1.1 percent of the from any U.S. bank to the Indian gov- mit for the making of motion picture, gross national product. television program, or other form of ernment except those that provide food or other agricultural commodities. I Through it all, the Arthritis Founda- commercial visual depiction in a unit tion has increased public awareness of the National Park System or Na- will bring the issue of international sanctions and international lending up and has help provide guidance for com- tional Wildlife Refuge System. bating arthritis. The Arthritis Founda- The PRESIDING OFFICER. Without with my colleagues on the Senate Banking Committee, which overseas tion, an Atlanta based nonprofit orga- objection, it is so ordered. nization, supports research to find the f World Bank issues, to ensure that ap- propriate actions are taken with regard cure for the prevention of arthritis and ADDITIONAL STATEMENTS to countries who disregard inter- seeks to improve the quality of life for national law and conduct nuclear tests. those affected by this disease. Further, India, one of several nations widely the Arthritis Foundation encourages NUCLEAR TESTS CONDUCTED BY suspected of nuclear capability which people with arthritis to seek early di- INDIA ON MONDAY, MAY 11, AND has not joined the 1970 CTBT treaty, agnosis and treatment, and provides WEDNESDAY, MAY 13, 1998 now observed by 185 countries, should programs to facilitate self-manage- ∑ Mr. JOHNSON. Mr. President, I am be pressured to sign the treaty imme- ment. deeply concerned that India conducted diately. India’s leaders acted with dis- The Arthritis Foundation’s sponsor- three underground nuclear tests in the regard and India must be shown that ship of research for 50 years has re- western desert state of Rajasthan on its actions are unacceptable. The sulted in major treatment advances for Monday, May 11, and two additional United States will be forced to impose most types of arthritis and related con- tests at the same site on Wednesday, sanctions on India, and I would urge ditions. The Foundation currently pro- May 13. These tests were conducted swift action on this front. Neverthe- vides $16 million annually in grants to without any advance warning to the less, this irresponsible act by India more than 300 researchers to help find rest of the world and are a dangerous should not be an impetus to step up the cures, promote prevention and provide precedent for future testing by other arms race by Pakistan. Instead, Paki- better treatments. Since its inception, nations. No nation should think that it stan should exercise restraint and cau- the Foundation has spent more than can conduct secret nuclear tests and tion while the international commu- $200 million on research while support- not be held accountable for its actions. nity imposes sanctions. In the long- ing more than 1,700 scientists and phy- Furthermore, these tests run counter term, Pakistan will benefit most by re- sicians. to an international campaign to pass sponding to this action, not with mili- The organization has informed me the Comprehensive Test Ban Treaty tary buildup, but with a higher level of that they are moving toward a new era (CTBT), of which I fully support, and dignity and morality. of public health activity that includes are both irresponsible and unaccept- Mohandas Gandhi said, We must sup- collaboration with the Centers for Dis- able. The United States and the inter- port friends even in their mistakes, ease Control and Prevention to develop however, it must be the friend and not national community must speak out the National Arthritis Action Plan. the mistake we are supporting.’’ In- against this action and act swiftly and They are seeking support for the inclu- dia’s decision to conduct nuclear tests justly. sion of arthritis in Healthy People 2010, was a mistake that was both irrespon- India, which has not signed the 1970 the nation’s strategic planning guide sible and unacceptable. Although I nonproliferation treaty, gave no ad- for health promotion and disease pre- wish no ill on the people of India, the vance warning about the nuclear tests vention. leaders of the country must accept re- on Monday and Wednesday. Indian The National Arthritis Action Plan sponsibility for this mistake and the Prime Minister Atal Bihari Vajpayee will focus on such elements as defining consequences that, no doubt, will fol- said that the explosions in the desert, the nature, extent and distribution of low.∑ 330 miles southwest of New Delhi, did the arthritis burden; identifying modi- f not result in the release of radiation fiable risk factors; developing creative into the atmosphere. However, this is ARTHRITIS FOUNDATION’S 50TH and effective public health programs simply untrue. Nuclear explosions, ANNIVERSARY and policies to reduce this burden; and even when they are conducted under- ∑ Mr. COVERDELL. Mr. President, I implementing and coordinating these ground, release deadly radioactive ma- rise today to congratulate the Arthri- programs and policies through partner- terials into the atmosphere and water tis Foundation on its 50th anniversary. ship with government, voluntary, pro- table, posing health risks for genera- Since its inception in 1948, the Arthri- fessional, private and academic institu- tions to come. Treating the human tis Foundation is stronger than ever tions and organizations. race and the environment with such and is forging ahead with an increased The Arthritis Foundation also pro- complete disrespect is unacceptable commitment to providing help and vides a large number of nationwide and will not go unnoticed. hope for those who suffer from the community-based services to make life While many of India’s leaders have more than one hundred forms of arthri- easier and less painful. These services applauded these tests, the people of tis and related conditions, including include self-help courses, water and India are hurt the most. India is a osteoarthritis, rheumatoid arthritis, land-based exercise classes, support country of extreme poverty and all In- lupus, fibromyalgia and juvenile ar- groups, instructional videotapes, edu- dians will be harmed by this act. On thritis. cational brochures and booklets, and one hand, international sanctions are Arthritis, in its various forms, is a continuing education courses and pub- imminent which will pose further eco- major national health problem, affect- lications for health professionals. May 14, 1998 CONGRESSIONAL RECORD — SENATE S4923 In the past 50 years, the Arthritis ‘‘Space is increasingly global in all as- mercialization of space, and in particu- Foundation has funded research, in- pects. The strong interrelationship be- lar have been supportive of the efforts creased public awareness and provided tween government, private industry of our Colorado companies that plan to needed education and services. These and military space activities has cre- operate remote-sensing satellites that major contributions have placed the ated a completely new environment.’’ will offer unique high-resolution sat- goal of curing and managing the im- The location of this symposium high- ellite photos. pact of some forms of arthritis within lights the significant position of my In addition to the panels, more than a realistic reach. I congratulate the state of Colorado in the global space sixty exhibitors displayed the latest in Foundation on this golden achievement business. All aspects of space thrive in space technology at this international and wish it continued success in the fu- Colorado; we have an extensive and conference. The Foundation honored ture.∑ growing industry and a significant exceptional achievement in space ac- f military presence. tivities, recognizing NASA’s Jet Pro- The symposium addressed several pulsion Laboratory for their public HONORING THE RETIREMENT OF issues and opportunities with a broad outreach efforts associated with last DR. H. JAMES MAHAN international flavor, and with a focus summer’s remarkable Pathfinder Mis- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- on commercial and market concerns. sion, and the career of space leadership dent, it is my pleasure today to take a Demonstrating the interrelated na- of General Thomas S. Moorman, Jr. few minutes to honor the career of a ture of space activity, each of the sym- USAF (ret.), the former vice chief of champion of public education, Dr. H. posium’s eleven professional panels had staff of the Air Force. James Mahan, as he retires from the at least one representative from the General Estes and others from the position of Superintendent of civil sector, one representing the com- Space Command laid out the future of Homewood School District Number 153 mercial perspective and one from the military space with the unveiling at in Homewood, Illinois. national security perspective. This in- the symposium of their Long Range For 15 years, Dr. Mahan has led tegrated approach produced a spirited Plan. Two technologies were inducted Homewood School District #153 down a dialog on critical space issues. into the Space Technology Hall of path of educational excellence and in- The list of participants was impres- Fame, the Global Positioning System novation. In 1984, the district had 1,450 sive, a few especially captured my at- and Temper Foam, a NASA Ames Re- students and 90 professional staff mem- tention. NASA Administrator Dan search Center technology used in medi- bers. Today, there are 2,240 students Goldin detailed accomplishments of cal and recreational applications. The and 180 professional staffers. During the agency, announced cooperative ef- Hall of Fame marketed its 10th anni- this period of expansion, Dr. Mahan forts with the Air Force and substan- versary of honoring technologies origi- worked to ensure that the quality of tiated the need for the International nally developed for the space program education in his school district im- Space Station, rejecting suggestions and later adapted to benefit others proved as well. that the Russians should be dropped here on Earth. Under his stewardship, district from the program. Mr. Goldin also The symposium’s sponsor, the United schools have twice been named Blue spoke to what I believe may be NASA’s States Foundation, is a national non- Ribbon Winners by the United States greatest accomplishment: increasing profit organization with headquarters Department of Education. This success their productivity while reducing their in Colorado Springs. The Foundation’s is in large part due to the sound edu- budget. The NASA budget has de- mission it to aggressively advance cational principles that have been the creased 30% since 1993, and in that civil, commercial and national security basis of Dr. Mahan’s leadership. He has same time 10 new programs and numer- space endeavors for a brighter future developed meaningful physical im- ous partnerships have been created. In and to provide and support educational provement plans, initiated the use of the coming era of public and private excellence through the excitement of the Internet and other technology as partnership in space exploration and space. The Foundation should be com- classroom tools, and he has encouraged development, NASA has established a mended for this symposium and for local businesses and organizations to high standard of efficiency and their other important projects, such as provide his district’s students with achievement. the Mission HOME program, a public hands-on learning experiences through The capstone panel, led by Mr. Gold- awareness campaign for the space com- internships and mentoring programs. en, also featured General Howell Estes, munity, and Space Discovery graduate Furthermore, Dr. Mahan has instilled Commander in Chief of NORAD and US courses and teacher education opportu- in his schools the principles of fiscal Space Command. General Estes empha- nities. prudence, good discipline and teacher sized the marketplace as the driving This annual event has grown consid- development. force, while recognizing the necessity erably in the past few years, and I ex- Dr. Mahan’s commitment to public of a proper partnership between the pect it to continue growing in scope education and to the students of private sector and government. and significance. I am already looking Homewood School District #153 are Robert Mallett, the Deputy Sec- forward to next April and the 15th An- commendable and serve as a model for retary of Commerce, stressed the need nual National Space Symposium.∑ others to follow. I congratulate Dr. to recognize commercial space as the Mahan on this milestone of his career, driver of a higher growth job machine f and wish him good luck and Godspeed in industry that will deliver prosperity in all of his future endeavors. and security for coming generations of ∑ SECURITIES LITIGATION UNIFORM f Americans. Our colleague in the House, Rep- STANDARDS ACT OF 1998— NATIONAL SPACE SYMPOSIUM resentative Curt Weldon, addressed na- AMENDMENT NO. 2397 ∑ Mr. ALLARD. Mr. President, I had tional security, space and arms control ∑ Mr. DODD. Is it the intention of the the pleasure of participating in the concerns as he spoke passionately from sponsor of amendment No. 2397 to the 14th National Space Symposium hosted his experience of working with the Securities Litigation Uniform Stand- last month by the United States Space Russians. ards Act that it should apply solely to Foundation. The annual symposium I spoke about the important mission States, their political subdivisions, and was designed to display and discuss of our military to secure the use of their pension plans? current trends in the space commu- space, and my perspective as a member Mr. SARBANES. Yes. nity, and the 1998 theme reflected what of the Senate Intelligence Committee Mr. DODD. And is it the Senator’s in- has become very significant to the de- on space implications for national se- tention that the amendment not be velopment of the United States space curity. I believe that the private and used by plaintiff’s lawyers to piggy- industry: ‘‘The Global Relevance for public sector must work together to back class action suits onto suits Space: Civil, Commercial and Mili- ensure that the United States is the brought by the entities mentioned in tary’’. As the Foundation’s President, first and best in space. I support legis- the amendment? Bill Knudsen, said in his remarks, lation in Congress to encourage com- Mr. SARBANES. That is correct.∑ S4924 CONGRESSIONAL RECORD — SENATE May 14, 1998 HELEN LUCILE WULFMEYER repeated to us as babies, following our fa- perhaps the most famous of Marine ther’s death, and were as much a part of our Corps clashes, the seizure of Iwo Jima. ∑ Mr. ROBERTS. Mr. President, I rise essence as eating or speaking. The faith to recognize a life-long Kansas native, The valor demonstrated by the General which she instilled in us was invaluable: the in all of these hard fought battles con- Lucile Wulfmeyer, who passed away on unswerving foundation of a God who loves May 11, 1997. Her memorial service at us, in spite of any adversity. tinues to be an example for young Ma- First Presbyterian Church included the Mother’s ability to teach also shows rines deployed around the world today. following remembrance of Lucile, writ- through in her three grandchildren: Au- General Cates died at age 76 in June ten by her elder daughter, Roberta tumn’s love of art; Lauren’s organizational of 1970 after an extremely distinguished Doerges: skills, service inclinations, and musical in- and long career. It is only appropriate terests; Kyle’s appreciation of theater . . . all that the Congress express its desire to My earliest memories of mother and my of these are owed in great part to a grand- family roots seem to materialize in the home have the Secretary of the Navy bestow mother who took the time of summer visits the honor of naming a vessel for Gen- she purchased at 316 S. Bluff. Here, I remem- to send grandchildren to art classes, or es- ber a formal dining room converted to a fam- cort them to Wichita Music Theater. That eral Cates.∑ ily room; learning to ride my first bicycle; love and those lessons will last a lifetime. f and meeting the man who would later be- Small wonder that Lucile had already TRIBUTE TO KORTNEY SHERBINE come my father: Lawrence Wulfmeyer. What begun a life of service as a young woman. come before all of that dims in childhood Her father died when she was seventeen. She ∑ Mr. HOLLINGS. Mr. President, I rise lost, but along with Marian’s ‘‘I wuv you, assisted her mother through years of ill- today in tribute to one of our nation’s Wawrance,’’ and my manipulative acts to nesses, operations at Mayo, bitterness over fine young students, Ms. Kortney prevent my mother’s dating, I remember an poor health, and tender care in her elder abundance of motherly patience and forbear- Sherbine of Cheraw, South Carolina. years. This attitude of service also include She has been named the South Caro- ance. The nearly four years between my fa- care for her elderly father-in-law, Sidney ther, Francis Chambers’ death, and my Chambers, and for Lawrence’s mother, Clara. lina state winner in The Citizens Flag mothers’ union of 37 years to Lawrence, set Her love and service seemingly knew no Alliance Essay Contest. Her essay, the stage for revealing my mother’s life of bounds. ‘‘The American Flag Protection service. Those who loved Lucile will remember her Amendment: A Right of the People . .. Today’s stories might have described a devotion to protocol, her gracious way of liv- woman with 18-month-old and not-quite- the Right Thing to Do’’, is a thoughtful ing, and her love of family. They will re- three-year-old daughters as capitulating to paean to our Nation’s banner. I ask member her acute appreciation of the fine welfare, but not so for our mother. A woman that it be printed in the RECORD. arts; her gifts of writing prose and poetry; wise beyond her decade, she returned to The essay follows: her love of reading and of books, her fascina- work at Wichita’s McConnell AFB and man- tion with history (especially through the THE AMERICAN FLAG PROTECTION AMEND- aged to provide her daughters with a live-in D.A.R.), and her delight in the unique (how MENT: A RIGHT OF THE PEOPLE . . . THE housekeeper, as well as financial support. I many American ‘‘witches’’ do you know)? RIGHT THING TO DO have always marveled at her courage to do She will be remembered for her life of service (By Kortney Beth Sherbine) this: a ‘‘woman’s libber’’ before her time, to her family and her church; and her appre- working in a predominately male field, and It is my profound and adamant belief that ciation of God’s divine purpose. providing two young daughters with love and an American Flag-Protection Amendment While recent months may have seemingly sustenance. must be enacted to unequivocally ensure robber her of many of the things which she Knowing that she needed companionship, America’s survival as a thriving, democratic appreciated most, her inability to enjoy and a helpmate to raise these little girls, Lu- nation. The significance of our beloved flag those things completely made all of us who cile married again in October of 1959. Law- is best immortalized through America’s he- visited and loved her, acutely aware of all rence’s Brownie camera recorded two little roic and valorous history. From the moment those finer appreciations which she enjoyed girls, dressed identically, and participating of our country’s inception, the flag has and instilled in others. in the celebration of their parents’ union and served as an inspiration and motivation dur- She was greatly loved, and will be greatly a new father. A new home in East Wichita, ing times of exaltation as well as tribu- missed. ‘‘Well done, thou good and faithful and a new family life ensued. lation. All Americans should be moved to Always a large part of the family picture servant.’’∑ tears as they see Old Glory through Francis was First Presbyterian Church: group calling f Scott Key’s eyes as he peered anxiously from on prospective new members, UPY meetings a British prison ship during the War of 1812 and youth choir through junior and senior GENERAL CLIFTON B. CATES, (World Book, 238). As he drifted in the Balti- high school years. Even the conception and USMC more Harbor, the sole affirmation of Ameri- realization of the Wulfmeyer ‘‘Dream Home’’ ∑ Mr. FRIST. Mr. President, I come to ca’s surviving liberty waved highly in air. As in Clearwater did not dim that emphasis. the Senate floor today to ask that my he witnessed the perseverance of our flag, he realized our nation was destined for great- Many a Lucckock Class picnic, or a Brown colleagues join with me in paying trib- Sunday School Class open house was held at ness. the home in Clearwater, dubbed ‘‘Spring ute to the 19th Commandant of the Ma- In addition, our flag’s sacredness was Creek Acres,’’ and the seat of so many col- rine Corps, General Clifton B. Cates. I poignantly displayed at Libby’s Prison where lective family memories. am confident the Senate will grant ap- soldiers cut our banner in twenty-two pieces Mother’s life of service continued through proval to express a Sense of the Con- saving it from desecration at the hands of all of those years. Whether creating musical gress that the next LPD–17 amphibious the Confederates (Krythe, 17). Subsequently, programs for Marian, Roberta and Lucile to vessel be named in General Cates’ the American people will never forget the perform, or lovingly constructing costumes honor. powerful image of five marines and one to enhance them; whether taxiing busy corpsman planting the Stars and Bars at Iwo daughters to endless high school extra- General Cates was a native of Ten- Jima. These aforementioned tributes to Old curricular activities, or typing term papers nessee, born in Tiptonville, and later Glory should touch the very core of our iden- at 7:30 am (at 120 words per minutes pro- educated at the University of Ten- tity as American citizens. The planting of ficiency, this was one skill that was too nessee earning a Bachelor of Laws de- the American flag throughout history has tempting for at least her elder daughter to gree. He was Commissioned a second carved our role as the great defender of de- overlook taking advantage of!) Reading and lieutenant on June 13, 1917. General mocracy. correcting school papers, assisting with col- Cates had a remarkable career that For over two hundred years, the flag has lege choices, consoling unrequited crushes— took him to battles defending Amer- been the most honorable, tangible shrine to no act was too demeaning for Mother. Her freedom the people of the world have wit- creative juices seemed endless; her power to ican interests around the globe. The nessed. It is a beacon of hope and light for be supportive was astonishing; her innova- then-Lieutenant Cates demonstrated the oppressed and downtrodden. The Amer- tion was impressive. (To this day, I owe my his dedication to duty in such legend- ican flag is as necessary and integral a part own extensive and find vocabulary to her ary battles as Belleau Wood and Ver- of our patriotism as God and family. It is a love of literature, and the ingenious idea dun where he won the Navy Cross and symbol of the turmoil our nation conquered during our late high school years to put a two Silver Star medals. to become a superpower today. ‘‘new’’ vocabulary word on the table daily, at During WW II, General Cates com- No action can be more disheartening and breakfast. The challenge was not only to manded the 1st Marine Regiment’s devastating to a true American than seeing learn its meaning, but, by dinner time, to be one of our own deface and desecrate our most able to use it correctly in conversation.) landing in Guadalcanal and later was precious symbol of liberty. Throughout the My mother’s ability to teach and instill the Commander of the Fourth Marine span of time, our fallen heroes have paid the was amazing. I never remember learning the Division in the Marianas operation. ultimate debt for our freedoms and rights. 23rd Psalm or the Lord’s Prayer. These were General Cates fought in Tinian and These great patriots sacrificed their very May 14, 1998 CONGRESSIONAL RECORD — SENATE S4925 lives for the values and unalienable privi- stealing our freedoms when we are perfectly and the Senate then return to legisla- leges that Old Glory emulates. How dare our willing to sacrifice them free of charge? We tive session. countrymen have the vile audacity to dis- must protect our Stars and Bars as ada- The PRESIDING OFFICER. Without honor the memories of our veterans and our mantly as we fight for our very rights to life, objection, it is so ordered. hallowed history? Captain William Driver re- liberty and the pursuit of happiness. flected the true American spirit as he pro- A wise President, Calvin Coolidge, summa- The nominations considered and con- claimed, ‘‘Thank God! I lived to raise Old rized the necessity of our respect for the flag firmed en bloc are as follows: Glory . . . I am now ready to die and go to as he urged, ‘‘It will be futile merely to show DEPARTMENT OF DEFENSE my forefathers’’ (Adams, 26). outward respect of our National Emblem if Paul J. Hoeper, of California, to be an As- The media shows day after day how Amer- we do not cherish in our hearts, an un- sistant Secretary of the Army. ican citizens cling to the philosophy of basic quenchable love for, and devotion to, the un- Sue Bailey, of Maryland, to be an Assist- human rights in a democratic society. We seen which it represents’’ (Adams, 30) Seeing ant Secretary of Defense. should hold the Stars and Stripes, the cloak our flag flutter majestically in the air should THE JUDICIARY of our very freedom, dear to our hearts with move every American to tears. We should be an equal conviction. Charles W. Stewart inspired to be profoundly grateful for the William P. Dimitrouleas, of Florida, to be laced this concept with eloquence as he re- great human sacrifices that have provided us United States District Judge for the South- flected, ‘‘The Stars and Stripes is our sign of with a rare nation; a nation where all citi- ern District of Florida. national sovereignty and unity. It is a sym- zens, regardless of race, sex, religion, or Stephen P. Mickle, of Florida, to be United bol of the Constitution as the cross is a sym- wealth have the right to pursue their dreams States District Judge for the Northern Dis- bol of Christianity’’ (Krythe, 26). We should and reach for the ‘‘stars’’. trict of Florida. value our flag’s worth as we value our very f existence in this grand nation. BIBLIOGRAPHY In 1989, our Supreme Court, through Texas Adams, John W. Stars and Stripes Forever. LEGISLATIVE SESSION v. Johnson, invalidated the flag-protection Greenwhich, CT: Brompton Books Corp, 1992. laws in 48 states and the District of Colum- Citizen’s Flag Alliance. http://www.cfa- The PRESIDING OFFICER. Under bia (CFA, 3). Currently, five national surveys inc.org/about.htm. Internet Web Site. Feb- the previous order, the Senate will re- show that 80 percent of Americans support a ruary 15, 1998. turn to legislative session. flag-protection amendment (CFA, 1). A gov- ‘‘Francis Scott Key.’’ World Book. 1987 ed. f ernment should conform to the wishes of the Krythe, Maymie R. What So Proudly We majority of its citizens. Our forefathers were Hail. New York: Harper and Row, 1968. ORDERS FOR FRIDAY, MAY 15, 1998 indeed wise as they anticipated the changing Ritchie, Donald A. The U.S. Constitution. Mr. KEMPTHORNE. Mr. President, I needs and demands of future generations. New York: Chelsea House Publishers, 1989.∑ ask unanimous consent that when the They set forth two possible routes for f amendments. Firstly, two-thirds of the state Senate completes its business today, it legislatures may call a convention for the APPOINTMENTS BY THE stand in adjournment until 9:30 a.m. on proposing of amendments. In addition, two- PRESIDENT PRO TEMPORE Friday, May 15th. I further ask unani- thirds of the Senate and House can propose mous consent that on Friday, imme- an amendment (Ritchie, 59). This wisely The PRESIDING OFFICER. The diately following the prayer, the rou- crafted system of checks and balances has Chair, on behalf of the President pro tine requests through the morning truly kept our country operated by its citi- tempore and upon the recommendation hour be granted and the Senate then zens. of the Majority Leader, pursuant to Among many basic rights, the first amend- begin a period of morning business P.L. 103–227, appoints the following in- until 12 noon, with Senators permitted ment of our Constitution prohibits the gov- dividuals to the National Skill Stand- ernment from restricting freedom of speech to speak for up to 5 minutes each. (Ritchie, 65). An American’s right to speak ards Board: Jon A. Reeves, of Mis- The PRESIDING OFFICER. Without out for one’s beliefs was born in the colonial sissippi, Representative of Business; objection, it is so ordered. era and has remained a unique component of Ronald K. Robinson, of Mississippi, Mr. KEMPTHORNE. I further ask our nation thereafter. The Supreme Court Representative of Labor; and Earline unanimous consent that at 12 noon on has grossly contorted the intention of this N. Ashley, of Mississippi, Representa- Monday, May 18, the Senate proceed to freedom and has made a mockery of it for tive of Human Resources. the world to scorn. Freedoms must have lim- consideration of S. 1723, the Abraham itations for humans to live in harmony. If no f immigration legislation under the con- sent agreement of May 13. boundaries are enforced, chaos will certainly APPOINTMENT BY THE VICE ensue. The ‘‘clear and present’’ danger sys- The PRESIDING OFFICER. Without PRESIDENT tem of limiting freedoms should extend to objection, it is so ordered. desecrating the flag (Ritchie, 67). Con- The PRESIDING OFFICER. The f sequently, when 80% of Americans are ex- Chair, on behalf of the Vice President, tremely offended by the defacing of our most in accordance with 22 U.S.C. 1928a– PROGRAM treasured symbols, the possibility for clear 1928d, as amended, appoints the Sen- and present danger is imminent and inevi- Mr. KEMPTHORNE. Mr. President, table. ator from Arkansas (Mr. HUTCHINSON) for the information of all Senators, to- Vital steps do exist to allow the American as a member of the Senate Delegation morrow morning at 9:30 a.m. the Sen- people to have a voice concerning the pre- to the North Atlantic Assembly during ate will be in a period of morning busi- serving of Old Glory. Laws should reflect the the Second Session of the 105th Con- ness until 12 noon. As a reminder, there feelings of the majority, not the whims of a gress, to be held in Barcelona, Spain, will be no votes during Friday’s ses- minority. A democracy is a government of May 22–27, 1998. sion. A cloture motion was filed today action. Inaction does not hold a place in our thriving nation. Many steps can be taken by f on the motion to proceed to the to- citizens to make positive changes in our gov- bacco legislation. That vote will occur ernment. It is an American’s right to con- EXECUTIVE SESSION on Monday at a time to be determined tact members of congress, contact the news by the two leaders, but not prior to 5 media, write an editorial, talk via radio, and p.m. circulate petitions and materials to show EXECUTIVE CALENDAR Also, at noon on Monday, the Senate support for his cause (CFA 1). Every true be- Mr. KEMPTHORNE. Mr. President, I will begin consideration of S. 1723, the liever in the United States of America ask unanimous consent that the Sen- Abraham immigration legislation. should take these steps to save and preserve our beloved flag. ate immediately proceed to executive Therefore, Members can expect a roll- If we want our great, democratic nation to session to consider the following nomi- call vote on cloture and additional survive, then we must save the banner of our nations on the Executive Calendar: votes with respect to the immigration triumphs and freedoms. If our symbol of free- Calendar Nos. 560, 561, 598 and 599. I fur- legislation Monday evening. dom is destroyed, then our nation will surely ther ask unanimous consent that the f follow. By losing respect for our American nominations be confirmed, the motions flag, we ultimately sacrifice the right to to reconsider be laid upon the table, ADJOURNMENT UNTIL 9:30 A.M. refer to ourselves as ‘‘The land of the free TOMORROW and the home of the brave.’’ In essence, we any statements relating to the nomina- would merely reduce ourselves to ‘‘The land tions appear at the appropriate place in Mr. KEMPTHORNE. Mr. President, if of the ungrateful and the home of the mis- the RECORD, the President be imme- there is no further business to come be- guided.’’ Why worry about foreign nations diately notified of the Senate’s action, fore the Senate, I now ask unanimous S4926 CONGRESSIONAL RECORD — SENATE May 14, 1998 consent that the Senate stand in ad- CONFIRMATIONS THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- journment under the previous order. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Executive nominations confirmed by CONSTITUTED COMMITTEE OF THE SENATE. There being no objection, the Senate, the Senate May 14, 1998: THE JUDICIARY at 6:41 p.m., adjourned until Friday, DEPARTMENT OF DEFENSE WILLIAM P. DIMITROULEAS, OF FLORIDA, TO BE May 15, 1998, at 9:30 a.m. UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN PAUL J. HOEPER, OF CALIFORNIA, TO BE AN ASSIST- DISTRICT OF FLORIDA. ANT SECRETARY OF THE ARMY. STEPHAN P. MICKLE, OF FLORIDA, TO BE UNITED SUE BAILEY, OF MARYLAND, TO BE AN ASSISTANT SEC- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT RETARY OF DEFENSE. OF FLORIDA. May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E857 EXTENSIONS OF REMARKS

INTRODUCTION OF THE TEEN TO- a higher age. Requires retailers to verify that CAMPAIGN FINANCE REFORM BACCO USE PREVENTION ACT OF purchasers are 18 or older by checking identi- 1998 fication that includes the bearer's date of birth HON. RON KIND and photograph for anyone 26 years of age or OF WISCONSIN HON. FRED UPTON younger. Includes civil monetary penalties for IN THE HOUSE OF REPRESENTATIVES the sale of tobacco products to minors. For OF MICHIGAN Thursday, May 14, 1998 IN THE HOUSE OF REPRESENTATIVES the first offense, the FDA will send a letter to Mr. KIND. Mr. Speaker, today was to be the Thursday, May 14, 1998 the violator describing the law, describing the violation, and describing the potential liability day that the House of Representatives was to Mr. UPTON. Mr. Speaker, I rise today in facing the retailer for subsequent violations. debate campaign finance reform, but we are support of legislation that I am introducing to For the second violation, the penalty shall be not. The leadership of the House has broken address a very serious and growing problem $250. For the third, $500. The penalty will another promise to the people of this nation. in this countryÐtobacco use by our youth. I double in size for each subsequent violation. It is time to allow a vote on this important have long been concerned about the increas- issue. ing number of teensÐand increasingly young- 5. Enforcement. States are required to strict- In an election this last Tuesday in Nebraska er teensÐwho start smoking every year. ly enforce restrictions on sales to minors and the voters rejected the candidate who run a Every day, 3,000 teens begin smoking. Teen- report annually on their progress in reducing negative campaign, in support of the can- agers typically begin to smoke at 141¤2 and such sales and the strategies they are or will didate who ran a positive issue oriented cam- become daily smokers before age 18. We be using. States are required to conduct ran- paign. Hopefully the voters around the nation know that if individuals do not start smoking dom, unannounced inspections to ensure will reject these negative campaigns in favor as teenagers, they will probably never smoke. compliance. If states fail to comply, the Sec- of honest open discussion of the issues. We For many thousands of Americans, discourag- retary is authorized to reduce their Substance can help the process by reforming our cam- ing teens from tobacco use and making it Abuse Prevention and Treatment allotments. paign finance system. That won't happen if we much more difficult for them to purchase to- 6. Individual cigarettes and packages of less are never allowed a vote on the floor of the bacco products is literally a matter of life and than 20. Prohibits sales or distribution of ei- House. death. ther. I hope that next week the leadership finally That is why I am introducing the ``Teen To- keeps it's word and allows a vote on cam- bacco Use Prevention Act of 1998.'' This leg- 7. Sampling. Prohibits. paign finance reform. The people of this nation islation amends the Federal Food, Drug, and 8. Distribution through the mail. Prohibits the are hungry for clean campaigns and clean Cosmetic Act to keep tobacco products out of distribution of tobacco products through the elections and it is our responsibility to pass the hands of our nation's children, strengthen mail, except for mail order sales subject to campaign finance reform now. warning labels, and restrict tobacco product proof of age requirements. Manufacturers or f advertisements. Specifically, the legislation in- others who wish to distribute tobacco products cludes the following provisions: through the mail must first file with the Sec- INTRODUCTION OF THE ADMINIS- 1. Content and warning labels. Requires retary of HHS for approval of the system they TRATION’S WATER RESOURCES DEVELOPMENT ACT OF 1998 more complete product constituent labeling will use to ensure that these products will go and increases the number, prominence, and only to persons 18 years of age or older. The strength of tobacco product warning labels on Secretary will review these sales after two HON. BUD SHUSTER packages and print ads. Includes the require- years to determine whether minors are obtain- OF PENNSYLVANIA ment that the FDA promulgate a rule govern- ing tobacco products through the mail. Im- IN THE HOUSE OF REPRESENTATIVES ing the testing, reporting, and disclosure of to- poses the same penalties as those imposed Thursday, May 14, 1998 bacco smoke constituents that the Agency de- for sales to minors. termines the public should be informed of to Mr. SHUSTER. Mr. Speaker, today I'm protect public health. Prohibits the advertising 9. Tobacco product use reduction targets. pleased to introduce by request the adminis- of cigarettes and little cigars on media subject Requires the Secretary of HHS to establish a tration's Water Resources Development Act of to FCC jurisdiction. benchmark rate of current tobacco use by chil- 1998 (or WRDA 98). The proposed constitutes 2. Statement of intended use. Requires dren and adolescents, measure youth tobacco the Department of the Army's Civil Works leg- manufacturers, distributors, and retailer adver- product use annually, and report this informa- islative program for the Second Session of the tising of tobacco products to include, after the tion to Congress three years from the date of 105th Congress. product name, a statement of intended use as enactment, together with recommendations for The Transportation and Infrastructure Com- specified in the bill. For cigarettes, for exam- additional recommendations if rates are not mittee works very closely with the administra- ple, the intended use statement is: ``Ciga- substantially declining (declining at a rate that tion, particularly the Army Corps of Engineers rettesÐA Dangerous Tobacco Product In- would produce a 35 percent or greater reduc- and the office of the Assistant Secretary of the tended For Use Only By Persons 18 or tion in the rate of youth tobacco use five years Army (Civil Works), to ensure that the Nation's Older.'' from the date of enactment; at least 50 per- largest water resources program is effective 3. Vending machine sales. Prohibits the sale cent by the seventh year; and at least 80 per- and responsive to current and future needs. of cigarettes or smokeless tobacco products cent by the tenth year). The Committee welcomes the transmittal of from vending machines, except in those loca- 10. Effective Date. January 1, 1999. this proposal to Congress as a sign of good tions in which the retailer or operator ensures faith and genuine interest in facilitating the en- that no person younger than 18 years of age Mr. Speaker, I am introducing this legislation actment of a WRDA 98 before the year's end. is present or permitted to enter at any time. In- because I believe that reducing teens' access The Committee has held three hearings on cludes a provision requiring the FDA to mon- to tobacco products and desire to use them proposals for a WRDA 98. We intend to look itor compliance with the vending provisions for must be at the heart of any tobacco initiatives very closely at the administration's bill, request two years and to propose additional restric- we consider this year. I am very open to sug- from our Congressional colleagues, and rec- tions if there is evidence that young people gestions for improvements in the legislation I ommendations from public witnesses and are continuing to purchase tobacco products am introducing today, and I am most inter- other interested parties. The intent is then to from vending machines. ested in working with my colleagues on both introduce and move through the Committee a 4. Minimum age. Prohibits the sale or dis- sides of the aisle to pass meaningful tobacco bipartisan, widely supported bill. tribution of tobacco products to anyone young- control and reform legislation in this session of The administration's bill, which we introduce er than 18 years of age. Permits states to set Congress. by request today, has numerous provisions

∑ 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. E858 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 that should be supported. At the same time, I TEACHER INVESTMENT AND Forty years ago this month, President must emphasize that some of the bill's ENHANCEMENT ACT Dwight D. Eisenhower recognized the value projects and programmatic proposals raise se- of stopping nuclear testing by initiating for- mal discussions with the Soviets for a ‘‘dis- rious questions and, in some circles, strong HON. ELTON GALLEGLY continuance of all nuclear weapons tests.’’ opposition. I look forward to working closely OF CALIFORNIA His effort, unfortunately, fell short; but with with my colleagues and the administration to IN THE HOUSE OF REPRESENTATIVES the end of the Cold War, new opportunities ensure that a WRDA 98 can move swiftly and even stronger reasons for the test ban through the Congress and become law before Thursday, May 14, 1998 have emerged. the year's end Mr. GALLEGLY. Mr. Speaker, today I will in- The collapse of America’s old rival created troduce the Teacher Investment and Enhance- the possibility of dramatically reducing the f risk of a conflict involving nuclear weap- ment Act (TIE Act) along with my colleagues ons—a possibility that still threatens each Steve Horn, Zoe Lofgren and Ron Paul to en- and every American. In 1991, Presidents IN RECOGNITION OF FOOD courage secondary teachers to go back and ALLERGY AWARENESS WEEK George Bush and Mikhail Gorbachev decided take college courses in their fields of teaching. to seize the opportunity to reduce the nu- While it is important to know how to teach, clear danger. They signed a new strategic HON. NITA M. LOWEY it is equally if not more important to know what nuclear arms reduction agreement. Presi- dent Bush took our nuclear-armed bombers OF NEW YORK you are teaching. This was proven, unfortu- nately, with the disappointing outcome of U.S. off alert and withdrew most U.S. tactical nu- IN THE HOUSE OF REPRESENTATIVES clear weapons. President Gorbachev insti- 12th graders in the Third International Math tuted a temporary halt to Soviet nuclear Thursday, May 14, 1998 and Science Study (TIMSS). Our 12th graders weapons testing. Mrs. LOWEY. Mr. Speaker, I rise to recog- out-performed only two countriesÐCyprus and While serving the people of Oregon as members of Congress, the two of us re- nize Food Allergy Awareness Week. South AfricaÐout of 21 countries in math and science. Education Secretary Richard Riley at- sponded by introducing legislation to match My colleagues, 5 to 8 million Americans suf- tributed this to the fact that ``too many science the Soviet nuclear test moratorium with a fer from food allergies. Five percent of all chil- and math teachers are teaching out-of-field.'' one-year U.S. testing halt. We believed that dren are food allergic and hundreds of Ameri- it was—and still is—vital that the United The TIE Act would increase the Lifetime cans die every year from food allergies. Stats, as the world’s pre-eminent power, set Learning Tax Credit for tuition expenses for an example so that we can persuade other And the number of food allergy sufferers is the continuing education of secondary teach- increasing. Indeed among children, allergy to nations to refrain from acquiring nuclear ers in their fields of teaching. weapons, and avoid giving any nuclear power nuts has skyrocketed in just the last twenty We need to ensure teachers are well-edu- reason to resume testing. years alone. cated. How can we expect our children to Later, in 1992, our legislation gained broad Indeed, I have spoken to many learn a subject if their teachers are not knowl- support and was strengthened to require the constitutentsÐyoung and old alikeÐwho have edgeable in the subjects themselves? We sim- initiation of negotiations on a global ban on nuclear weapon test explosions. In 1993, shared with me their terrible experiences with ply cannot. Offering more education opportuni- allergies. I will never forget hearing the President Clinton extended the U.S. morato- ties for our teachers is an investment in our rium on nuclear testing. In 1996, negotiations harrowing tale of a five year old rushed to the children and one we cannot afford not to take. on the Comprehensive Nuclear Test Ban hospital in anaphylactic shock after inadvert- I strongly encourage my colleagues to cospon- Treaty were completed. It has been signed by ently eating a nut. sor this important piece of legislation and work 149 nations, including all five nuclear weapon Tragically, there is no cure for food aller- for its passage. states. In September 1997, the president sent gies. That is why it is so critical that we invest f the treaty to the U.S. Senator for its ap- more resources in allergy research and pre- proval. The questions debated in 1992 are similar vention programs. RATIFY THE COMPREHENSIVE TEST BAN TREATY to the questions about the treaty in 1998: Can As a member of the Appropriations sub- we verify the reliability of our nuclear arse- committee that funds the National Institutes of nal without testing? Can we enforce a global Health, I will be working hard with my col- HON. ELIZABETH FURSE ban on nuclear tests? What happens if Amer- leagues this year to increase funding for bio- OF OREGON ica fails to act or approve the test ban? The answer is the same as it was in 1992: A medical research so that we can find a cure IN THE HOUSE OF REPRESENTATIVES for food allergies. We must also invest more in nuclear test ban is clearly in America’s na- Thursday, May 14, 1998 tional security interest. public awareness and prevention programs at The U.S. nuclear weapons arsenal is well- the CDC and FDA so that restaurants and Ms. FURSE. Mr. Speaker, in light of the ap- tested. We have conducted 2,046 nuclear food processors become more sensitive to the palling underground nuclear testing in India, I tests—more than 1,000 in the atmosphere. health needs of their consumers and cus- submit the following editorial ``What did We The United States possesses the most ad- tomers. Tell You'' written by former Senator Mark O. vanced, accurate and deadly nuclear arsenal I look forward to working with my colleagues Hatfield and former Representative Mike in the world. Since the nuclear test morato- rium of 1992, our nuclear weapons labora- to address this serious health problem so that Kopetski. I would like to join my former col- leagues in urging the Senate to ratify the tories have maintained the safety and reli- we can find a cure for allergies in our life- ability of the U.S. nuclear Weapons without times. Comprehensive Test Ban Treaty. nuclear testing. The directors of the three WHAT DID WE TELL YOU? national nuclear weapons laboratories, as f INDIA’S TESTS OF NUCLEAR BOMBS PROVE THE well as leading independent nuclear weapon NEED FOR TEST BAN TREATY scientists, have determined that the remain- PERSONAL EXPLANATION ing arsenal can be maintained through non- (By Mark O. Hatfield and Michael J. nuclear tests and evaluations. Kopetski) Given the overwhelming nuclear capability HON. LAMAR S. SMITH The U.S. Senate has an historic oppor- of the United States, the Test Ban Treaty is OF TEXAS tunity to help shut the door on the most clearly in our national interest. It would threatening menace to Americans: the risk make it much more difficult for other coun- IN THE HOUSE OF REPRESENTATIVES of a renewed nuclear weapons arms race with tries with advanced nuclear weapons to Thursday, May 14, 1998 Russia and China, and the proliferation of produce new and even more threatening nuclear weapons. This lingering danger was ones. It also would help stop nuclear pro- Mr. SMITH of Texas. Mr. Speaker, yester- dramatically illustrated on Monday when liferation by deterring, if not preventing, day during Roll Call Vote 146, I voted aye be- India conducted three nuclear tests at its any nation from developing sophisticated lieving that I was supporting Congresswoman Pokhra test site. nuclear weapons that can be delivered by Roukema's amendment #19 when in fact the These tests are certain to alarm neighbor- ballistic missiles. With the Test Ban Treaty vote was on Congressman Leach's amend- ing Pakistan and China, both of whom pos- in place, no would-be violator could be con- sess nuclear weapons of their own, and ment that I opposed. Please let the record re- fident that a test nuclear explosion could es- heighten tensions in this volatile region of cape detection. flect that I intended to vote no on Congress- the world. In order to reduce these risks, the Failure to act on the Test Ban Treaty this man Leach's amendment (Roll Call Vote 146), Senate has the responsibility to promptly year would severely undermine U.S. leader- and aye on Congresswoman Roukema's consider and ratify the Comprehensive Nu- ship efforts to stop the spread of nuclear amendment #19 (Roll Call Vote 147). clear Test Ban Treaty. weapons. In 1995, the United States and other May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E859 nuclear nations promised to deliver on the less spending and a me-first attitude. This Burris, Kenneth Hill, Dennis Rust and Gary Test Ban Treaty in exchange for the indefi- country was born on the promise of hope and Jones. nite extension of the Nuclear Non-Prolifera- opportunity, and by taxing families and busi- Since their inception, they have been led by tion Treaty. It is a good deal that must be strong leadership focused on ensuring that honored. nesses at their most agonizing time, we de- The Test Ban Treaty enjoys broad support. stroy their hope for the future. their department has the personnel and re- If the Senate is allowed to vote on the treaty By today's tax system, it is easier and sources to safely and efficiently perform their this year, it would likely win the 67 votes cheaper to sell a business before death rather jobs of helping the public. Dennis Rubin, John needed for ratification. Current and past than try to pass it on after. More than 70% of Boon, Ken Hahn, Richard Miller, Joel U.S. military leaders support the treaty, in- family business and farms do not survive Hendelman, Frank Hall, and Jay Callan have cluding Gen. Colin Powell and three other through the second generation. 9 out of 10 served as President. Today, President Adrian former chairmen of the Joint Chiefs of Staff. successors whose family-owned businesses Munday leads Local 2702 in serving the needs The public also strongly supports a perma- failed within three years of the principal own- of the City of Fairfax's 20,000 residents. nent end to nuclear testing. A September 1997 national opinion poll revealed that 70 er's death said trouble paying estate taxes The members of local 2702 respond to an percent of the public wants the Senate to ap- contributed to the company's demise. For fam- astounding 8,000 fire and emergency calls a prove the treaty; only 13 percent oppose it. ily owned business, this is a tax just because year. That's an average of 22 calls a day, Unfortunately, the leadership of the Sen- the business is changing ownership due to the which equals to almost one call per hour. ate Foreign Relations Committee is prevent- death of an owner. When not answering calls for help, Local ing the full Senate from considering the Aside from being a source of revenue, an- 2702's members spend countless hours in the treaty. The committee needs to be persuaded other express purpose of the estate tax was to community teaching fire prevention, CPR, and to send the Test Ban Treaty to the Senate break up large concentrations of wealth. 75 other safety courses, conducting home safety floor. inspections, installing fire detectors, and con- In the interest of a safer America and a years later, however, reality suggests that more secure world, senators who recognize rather than being an important means for pro- ducting child safety seat inspections. Further- the risk of nuclear proliferation and the moting equal economic opportunity, the estate more, they support several charities, such as: value of the test ban must provide the lead- tax is in fact a barrier to economic advance- Aluminum Cans for Burned Children, Muscular ership necessary to allow the Senate to de- ment for people of all economic cir- Dystrophy Association's Fill The Boot Cam- bate and vote on the treaty this year. cumstances. It unduly burdens individual sac- paign, Cub Scouts and Boy Scouts of Amer- The time for nuclear testing is over. The rifice to gain savings and investment, com- ica, Fairfax Little League, Braddock Road time to approve the Comprehensive Nuclear pared with consumptive uses of income. It im- Youth Clubs, the International Association Fire Test Ban Treaty is now. pedes the upward mobility of labor by stifling Fighter's Fallen Fire Fighter Fund, and Heros f productivity, wage growth, and employment Inc. Local 2702 also answers the call for help INTRODUCTION OF THE ESTATE opportunities. In effect, the death tax, which was established to redistribute wealth, hurts from other Fire Departments in need around AND GIFT TAX RATE REDUCTION the country during times of crises. Last year, ACT those it was meant to helpÐnamely, Ameri- ca's working men and women. When small when North Dakota was devastated by rushing businesses close their doors, loyal employees waters of a terrible flood, Local 2702 spent HON. JENNIFER DUNN lose their jobs. several days running calls for many of their OF WASHINGTON The saying goes that death and taxes are fire departments so their fire fighters could re- IN THE HOUSE OF REPRESENTATIVES the only certainties in life. I believe it is ridicu- turn to their homes to be with their families Thursday, May 14, 1998 lous that the government force the American and salvage their homes. When Hurricane An- people to deal with both on the same day. drew touched down in Homestead, Florida, Ms. DUNN. Mr. Speaker, it's been said that Families should be allowedÐand encour- Local 2702 collected clothes and helped re- only with our government are you given a agedÐto save for future generations. I invite build homes in this ransacked area. After the ``certificate at birth, a license at marriage and my colleagues to join JOHN TANNER and me in tragic bombing of Oklahoma City, Local 2702 a bill at death.'' Today I am introducing the our bi-partisan effort to reduce this detrimental provided financial assistance to families with Estate and Gift Tax Rate Reduction Act which and cruel tax. children injured by the blast. seeks to phase-down the onerous death tax. f Mr. Speaker, on behalf of my colleagues in Each death tax rate will be reduced by five the House of Representatives, I salute these percentage points every year, until the highest IN HONOR OF THE FAIRFAX CITY heroes of public service. For all their extraor- rate bracketÐ55%Ðreaches zero in 2009. As PROFESSIONAL FIREFIGHTERS dinary services, we owe the members of Local these rates are lowered to zero, more and AND PARAMEDICS ASSOCIATION, 2702 a debt of gratitude. more families will no longer be forced to give LOCAL 2702 f the family savings to Uncle Sam and the fam- ily business will be saved. HON. THOMAS M. DAVIS TRIBUTE TO MARJORIE LANSING One of the most compelling aspects of the OF VIRGINIA American dream is to make life better for your IN THE HOUSE OF REPRESENTATIVES HON. LYNN N. RIVERS children and loved ones. Yet, the current tax OF MICHIGAN Thursday, May 14, 1998 treatment of individuals and families and fami- IN THE HOUSE OF REPRESENTATIVES lies at death is so onerous that when one Mr. DAVIS of Virginia. Mr. Speaker, on May Thursday, May 14, 1998 dies, their children are many times forced to 16, 1998, the Fairfax City Professional Fire- sell and turn over more than half of their inher- fighters and Paramedics Association, Local Ms. RIVERS. Mr. Speaker, I would like to itance just to pay the taxes. It takes place at 2702, is celebrating their 20th Anniversary. No insert into the CONGRESSIONAL RECORD an an agonizing time for the family; when families matter what the emergency is, their members obituary of Marjorie Lansing, which appeared should be grieving for a loved one, with are committed to providing outstanding emer- in the New York Times on Monday, May 11, friends and relatives, rather than spending gency services to those in need. They are 1998. painful hours with lawyers and bureaucrats. dedicated to fulfilling their organization's goals Marjorie Lansing, a political scientist and By confiscating between 37% and 55%, the of saving lives, preserving property and the sometime politician whose scholarly delinea- tion of a gender gap in American voting pat- estate tax punishes life-long habits of savings, environment and ensuring the health and safe- terns helped change the shape of political discourages entrepreneurship and capital for- ty of our community. campaigns and spurred women into politics mation, penalizes families, and has an enor- Local 2702 was officially chartered on May in the 1980s. mous negative effect on other tax revenues. 16, 1979 as a local union of the International Ms. Lansing died on May 1 at a hospital Americans today are living longer and enjoy- Association of Fire Fighters. The 22 charter near her home in Ann Arbor, Michigan. She ing their retirement. At a time when this Con- members were: Dennis Rubin, Larry Retzer, was 82 and had been a professor of political gress is discussing the future of Social Secu- John Boon, Joel Hendelman, Mike science at Eastern Michigan University. Her family said the cause was cancer. rity, and how to personalize and modernize Kalasanckas, John Long, Dwaine McCollum, Though Dr. Lansing was not the first to in- the system, we also need to encourage pri- Donald Barklage, Jr., Robert Keith vestigate women’s voting patterns, the issue vate investment. We should be encouraging Cunningham, Joseph Toy, Thomas Schwartz, received little serious attention until she people to plan for their future with retirement Jeffery Sheriff, Joseph Bailey, George Brown, published the first persuasive statistical evi- plans and IRAs, rather than encouraging reck- Charles Johnson, George Klumph, William dence that women form a distinctive voting E860 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 bloc. The dominant view had been that if CONGRATULATIONS TO THE I ask my colleagues to support me in this ef- women did not mimic their husbands’ voting GEORGETOWN COLLEGE TIGERS fort to correct the error by BLM and to further patterns, their attitudes at least reflected NAIA NATIONAL CHAMPIONS oil and gas development in southwestern Wy- the same mix of socioeconomic and ethnic factors. If it seems surprising that those oming. Natural gas is the fuel of choice for quaint views survived into the 1970s, it must HON. SCOTTY BAESLER many Americans today, and this bill would in be at least partly because Dr. Lansing came OF KENTUCKY a very small way contribute to our nation's en- late to scholarship. IN THE HOUSE OF REPRESENTATIVES ergy needs by allowing prospectively valuable A native of Geneva, Florida, Dr. Lansing, Thursday, May 14, 1998 federal mineral rights to be competitively auc- who was born Marjorie Tillis, graduated tioned and to recognize the validity of an im- from the old Florida State College for Mr. BAESLER. Mr. Speaker, today I would providently issued lease. Women in Gainesville, taught high school like to congratulate the Georgetown College f and made a life-changing trip to Europe. At- men's basketball team on its first National As- tracted to the political left since college, she sociation of Intercollegiate Athletics (NAIA) DEFEAT THE GEPHARDT CON- raised money for the Spanish loyalist cause tournament victory. On March 23rd, the Tigers STITUTIONAL AMENDMENT TO from fellow passengers on the voyage over, beat Southern Nazarene 83±69. The following AMEND THE FIRST AMENDMENT and after a heady tour of the continent re- day, the national championship team returned turned to the United States eager to attend graduate school. After receiving a master’s from Tulsa, Oklahoma, to a parade down HON. TOM DeLAY in sociology from Columbia in 1940, she Georgetown's Main Street and a rousing pep OF TEXAS rally with hundreds of delighted fans. worked as a government researcher in Wash- IN THE HOUSE OF REPRESENTATIVES ington and met and married a young econo- The Georgetown Tigers got to the final mist named John Lansing. She set up house- round by defeating Hannibal-LaGrange 80±68, Thursday, May 14, 1998 keeping in Cambridge, Mass., while he com- Montana State-Northern 78±65, Central Wash- Mr. DELAY. Mr. Speaker, today I submit for pleted his doctorate at Harvard and she ington 92±79 and top-seeded Azusa Pacific consideration of the House during the upcom- plunged into the local leftist political scene, 94±76. They had advanced to the NAIA title campaigning for Henry Wallace in the 1948 ing debate on campaign reform the constitu- presidential race. game twice before, but this win represents tional amendment authored by House Minority only the fifth time since 1948 that a Kentucky A high-spirited woman with an engaging Leader Dick Gephardt. I intend to offer the manner, Dr. Lansing made a powerful impact team has won the NAIA championship game. amendment if Mr. Gephardt chooses not to on at least one political associate. According My heartiest congratulations to the George- offer his legislation. I will offer the amendment, to family legend, after a single political town Tigers on a well-deserved victory! not in the hope of having it passed. I will offer meeting in Boston, the actor Zero Mostel f it to demonstrate the truthÐthat reformers are was so taken with Dr. Lansing that he fol- INTRODUCTION OF BIG PINEY PUB- trying to gut the First Amendment of the Con- lowed her to a bus stop, pretended he was her stitution. abandoned husband and in an impromptu LIC SALE ACT MINERAL ESTATE f performance worthy of the Broadway stage RELIEF made an impassioned plea that she return to HUMAN SERVICES AMENDMENTS him and their babies. HON. BARBARA CUBIN OF 1998 In 1949, the Lansings moved to Ann Arbor, OF WYOMING where he became a professor of economics at IN THE HOUSE OF REPRESENTATIVES the University of Michigan and she became HON. MATTHEW G. MARTINEZ active in the Democratic Party while rearing Thursday, May 14, 1998 OF CALIFORNIA three children, studying for a Ph.D. in politi- Mrs. CUBIN. Mr. Speaker, today I am intro- IN THE HOUSE OF REPRESENTATIVES cal science at Michigan and teaching at ducing legislation which opens to federal oil Eastern Michigan. Thursday, May 14, 1998 and gas leasing certain parcels that have pro- She is survived by two sons, Steve, of Ann spective value for oil and gas development. Mr. MARTINEZ. Mr. Speaker, I rise today to Arbor, and Philip, of Boise, Idaho; a daugh- This bill will correct an error made by the BLM introduce the Human Services Amendments of ter, Carol, of Santa Barbara, California, and 1998. This legislation will reauthorize and six grandchildren. in leasing parcels of land near Big Piney, Wy- strengthen the Head Start, Low-Income Home By the time she obtained her doctorate in oming which were subject to the 1964 Public 1970, Dr. Lansing had come up with the find- Land Sale Act's statutory closure of the min- Energy Assistance (LIHEAP) and Community ings that would make her reputation. But it eral estate to leasing. BLM has agreed that Service Block Grant (CSBG) programs. When had taken some doing. When she proposed as there is no current reason for the closure to Congress last reauthorized these programs in a doctoral dissertation a study that she ex- continue and believes that the holder of the 1994 it was the product of true bipartisan ne- pected would establish that women’s voting lease should be allowed to move forward with gotiations. I strongly believe that this bill is one patterns were significantly different from development. which can capture the same bipartisan spirit. men’s, her professors were so convinced The lands affected by this provision were The last reauthorization cycle produced there was no difference that they tried to sold at auction under the 1964 Act that re- major successful structural changes in these discourage her. She persisted, and the dis- programs, eliminating the current need for an sertation she turned in was essentially the quired the mineral estate to be reserved to the same book she and a statistician, Sandra United States in the patent to the high bidder. expansive rewrite of each statute. Presently Baxter, published in 1980. One reason for the When BLM classified the lands for sale, BLM these programs are working well and do not delay between the dissertation and the book and the USGS recognized that the lands were need significant modification. Instead of imple- was that after her husband died in 1970, she ``valuable for oil, gas and coal''. menting wholesale change, this legislation concentrated on her teaching while stepping That 1964 Sale Act provided that the re- builds upon the positive changes made in up her political activities, unsuccessfully served federal minerals would be closed to 1994 allowing the good work presently being running for several offices, including a House done to continue. seat. mineral leasing, apparently because the lands were expected to be improved as part of ex- Title I of the bill amends the Head Start Pro- To those who had assumed that women fol- gram. This legislation will refine Head Start's lowed men’s voting patterns, her most sur- pected local community growth after the sale prising finding was that the greatest sex dif- and patenting of the surface. focus in two major areasÐimproving the tran- ference was not on home-and-hearth issues The lands here remain grazing lands that sition of children from Head Start programs to like the economy and education but in for- are currently of the same type that are under school by strengthening the coordination be- eign affairs, particularly military issues, multiple use for grazing and oil and gas explo- tween Head Start programs and schools and with women being distinctly less hawkish ration and development throughout southwest- increasing the financial resources available than men. ern Wyoming. and access to Early Head Start programs. The Although dozens of similar studies have Air quality, wildlife and other public resource bill would increase the setaside for Early Head since been published, Dr. Lansing’s work is concerns can and will be addressed and pro- Start to 10%, with the stipulation that funds still cited by scholars. It is a measure of Dr. tected through federal lease stipulations, just not be taken from current Head Start pro- Lansing’s prescience, if not of her influence, that three years after her landmark study, as was and is done for all the federal acreage grams. The legislation would also allow expan- ‘‘Women in Politics: The Invisible Major- currently under lease throughout the Big sion grants to be used by existing Head Start ity,’’ was published by the University of Piney-Labarge area, including one of these grantees to expand service to the Early Head Michigan Press, a revised edition carried the parcels that was already mistakenly leased by Start population. Significant research has subtitle ‘‘The Visible Majority.’’ BLM. shown the importance of brain development in May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E861 young children and an increased focus on in- CONGRATULATIONS TO MISS from Merino were Kari Accomasso and Mac- tervening in a young child's life during the KATIE PROPST kenzie Peake. Propst and Accomasso pre- most sensitive of years in vitally important. sented their projects on Friday to the Colo- rado-Wyoming Junior Academy of Science, In improving the transition of children from HON. BOB SCHAFFER and they hope to get their work published. Head Start programs to school, the bill would OF COLORADO Propst’s study was to inject tobacco also require Head Start programs to coordi- IN THE HOUSE OF REPRESENTATIVES hornworms with a bacterial infection. ‘‘Rather then treating this with an anti- nate services with the educational services of Thursday, May 14, 1998 biotic, the infection was treated with a the local education agency projected to serve Mr. BOB SCHAFFER of Colorado. Mr. bacteriophage (virus).’’ Propst said. The the children enrolled in their programs. The Speaker, today, I rise to recognize Miss Katie virus’s job was to get rid of the infection legislation would also require that the Sec- Propst, a Merino High School Junior, residing without harming the worm. Propst said she retary, in considering the expansion of Head decided to do this project ‘‘Because I’m in- in Merino, Colorado, Katie is the daughter of terested in a major in pathology.’’ She Start programs, to consider the extent to Ted and Penny Propst. Miss Propst recently which Head Start programs will coordinate added, ‘‘An antibiotic resistance alternative drew honor to herself, her family, and her is needed for bacterial infections. If found services with local education agencies. Both of community by placing first place in the 43rd successful in future studies, this form of these provisions will ensure that the edu- Annual Colorado Science and Engineering treatment could possibly be used to treat in- cational experiences and cognitive develop- Fair. fections.’’ ment gained by children in Head Start pro- Propst placed first in the contest's senior di- Propst decided on this project after read- grams are not lost when they progress ing about a similar experiment in mice. She vision of Health and Behavioral Sciences. Her adjusted her experiment for hornworms. through school. project in entitled ``Bacteriophage Therapy: Is Propst began her research in August and In addition, the bill improves the access of It a Possible Alternative Treatment for Bac- started doing experiments in January. ‘‘It’s children with disabilities to quality programs terial Infections?'' Her immediate prize is an a 12-hour injection procedure. Then I follow and ensures that Head Start programs maxi- all-expense paid trip to the International the data for a week,’’ she said. Propst’s mize their enrollment and resources and in- Science and Engineering Fair in Fort Worth, mother is a science teacher at Merino. Texas. There, she will compete at the Inter- Propst said having access to the science crease flexibility to deal with the transition of room helped with her experiment. Propst families from welfare to work by allowing the national Science and Engineering Fair. said that her mother ‘‘Inspired me, she Secretary to permit up to 25% of enrollees in Katie has earned scholarships from Colo- hasn’t pushed me. Whatever I want to do is a Head Start program to be from families with rado State University and Colorado Northwest- okay with her.’’ incomes above the poverty line. ern Community College. She also received Propst didn’t expect to win at the state award prizes from the Colorado Association of fair. ‘‘I saw all those awesome displays and Title II of the bill amends LIHEAP. This leg- Science Teachers, and the Rocky Mountain didn’t think I had a chance. The key to win- islation will maintain LIHEAP's focus on serv- Inventors and Entrepreneurs Congress. ning is relating to the judges, be excited ing low-income individuals with the highest Propst's personal interests are in pathology about what you are doing. The others who won were also personable. It’s selling what proportion of energy expenses. In addition, and microbiology sciences. She believes that this bill reinforces that weatherization and en- you’ve found.’’ microbiology will help find alternatives to anti- Propst said, ‘‘The people that deserve rec- ergy-related home repair should be directed to biotic resistant viruses. Propst undertook the ognition are the school’s faculty and admin- low-income households, particularly those study of treating an infection with a istration. Without their financial and emo- households with the lowest incomes and the bacteriophage (virus) instead of the traditional tional support I wouldn’t be doing this. highest proportion of household income for antibiotic. The test subjects Propst used were There’s an advantage to going to a small home energy. With this increased targeted tobacco hornworms. By injecting them with a school. I’m looking forward to representing a small school.’’ emphasis on the poorest of our poor, the bacterial infection and then treating the infec- weatherization portion of LIHEAP will truly Propst has been interested in pathology tion with a bacteriophage, Propst observed, and microbiology since her last science help those most in need. ``An antibiotic resistant alternative is needed project in the seventh grade. She said micro- Title III of the bill amends CSBG. Similar to for bacterial infections. If found successful in biology will help find alternatives to virus the other two programs, a significant rewrite is future studies, this form of treatment could that have become resistant to antibiotics, vi- not necessary, but the legislation does make possibly be used to treat infections.'' ruses that have become more deadly. ‘‘It’s At this point, Mr. Speaker, I submit for the amazing something so small can be so power- several changes designed to improve the pro- ful,’’ she said. gram. The bill raises the authorization level of RECORD, the following newspaper article about the program by over $100 million to $650 mil- Katie Propst taken from the May 2, 1998, edi- f lion in FY 1999 and such sums in FYs 2000± tion of the Sterling Journal Advocate. RECOGNIZING THE WORK OF MR. Mr. Speaker, it is exciting to recognize Miss 2002. This will ensure that the significant in- ARNETT FLOWERS, WARDEN OF Katie Propst of Colorado's Fourth Congres- creases in appropriations which this program EL RENO FEDERAL CORREC- sional District. She is obviously very bright and has received in the last few years can be re- TIONAL FACILITY peated. Also, the bill would give preference to certainly motivated to succeed. Please join me private, non-profit organizations should an ex- in wishing her well in her academic endeav- ors. HON. J.C. WATTS, JR. isting entity running a local program author- OF OKLAHOMA ized under the statute terminate. In addition, MERINO GIRL YOPS STATE SCIENCE EXHIBITOR IN THE HOUSE OF REPRESENTATIVES LIST this legislation would provide that CSBG carry- Thursday, May 14, 1998 over funds are reprogrammed at the local (By Rebecca Giggs) level. For each of the last three years similar Katie Propst, Merino High School Junior, Mr. WATTS of Oklahoma. Mr. Speaker, re- language has been attached to the Labor-HHS will soon be traveling to Fort Forth, Texas. cently, we recognized the hard work of the Appropriations bill requiring this provision. It won’t be a sightseeing trip, she will be dedicated men and women who work in cor- competing at the International Science and rectional facilities across the country. Today, I Lastly, the measure would allow local commu- Engineering Fair from May 10–16. nity action agencies to offer services to im- wish to honor the accomplishments and efforts Propst’s project ‘‘Bacteriophage Therapy: of Mr. Arnett Flowers, who is the Warden at prove literacy in the community. This would be Is It a Possible Alternative Treatment For an new activity for local community action Bacterial Infections?’’ won top exhibitor at the Federal Correctional Institution in El Reno, agencies to address the illiteracyÐone of the the 43rd Annual Colorado Science and Engi- Oklahoma. Prisons and correctional facilities are not most pressing problems and indicators of pov- neering Fair. Her prize is an all-expense paid easy places to work. They are dangerous erty in our nation today. trip to Internationals. Propst placed first place in the senior divi- places and an officer risks his life every day In closing Mr. Speaker, I would like to stress sion of Health and Behavioral Sciences. She he or she works there. We must therefore es- that I believe this legislation is the beginning earned scholarships from Colorado State pecially appreciate the excellent work of peo- of another historic bipartisan effort to reauthor- University and Colorado Northwestern Com- ple like Warden Flowers, who go the extra ize and strengthen these programs. I urge all munity College. Propst also earned $50 Colorado Associa- mile to serve the public and keep our families members of Congress to join me in supporting tion of Science Teachers for excellence in safe. this legislation and to support the bill which the use of the scientific method and $50 from For 26 years, Warden Flowers has dedi- will be the eventual product of our joint biparti- the Rocky Mountain Inventors and Entre- cated his life to saving taxpayer dollars by run- san discussions. preneurs Congress. Other winners at the fair ning efficient prisons. Most recently, by E862 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 streamlining offices while maintaining the qual- doctor. His plans were temporarily sidelined up to twenty-five million dollars a year for a ity of prison maintenance at the El Reno facil- by World War II when he joined the Army new matching grant program to help state and ity, Warden Flowers has saved taxpayers with hopes of becoming a fighter pilot. He local law enforcement departments purchase was a member of the famous Tuskegee Air- new bulletproof vests and body armor. The $850,000 in operating expenses. men, the first squadron of black American Under his direction, the El Reno Facility has pilots to be allowed to fight for their coun- new body armor today is thinner, lighter and worked with several state and federal law en- try. offers more protection. The vests can even be forcement agencies to improve the quality of Returning to Iowa he attended the Univer- fitted with additional plates for even extra pro- law enforcement. For example, Warden Flow- sity of Iowa and went to Meharry Medical tection. ers worked with the Federal Bureau of Inves- College, Nashville, Tenn. He worked in New The bill would also give preference in tigation to construct a badly-needed pistol Jersey for four years before starting his awarding grants to jurisdictions where officers range on Bureau of Prisons property, therefore practice in McGregor. do not currently have vests. The grants will be In the nomination sent to the National allowing both FBI agents and state correc- sent directly to the agencies that apply for Rural Health Care Association by Prairie du them, resulting in the officers getting their new tional officers to use the new facility to im- Chien Memorial Hospital and the Smith prove their training. Gundersen McGregor Clinic staff, several vests and body armor that much quicker. Perhaps Warden Flowers' most important stories are related to Dr. Smith’s compassion From 1987 to 1996, 637 officers ere feloni- accomplishment is his work to help prisoners and bedside manner. ously killed by a firearm. Of that figure, 393 of- rehabilitate themselves, to cut down on the Until his affiliation with Gundersen, Dr. ficers, roughly 62 percent, were not wearing a rate of repeat offenders. He has worked with Smith was known to accept bartering in ex- bulletproof vest or body armor when they were several youth crime prevention initiatives, pub- change for care when the patient could not shot. afford to pay. lic, private and religious in nature. Warden Every police officer and correctional officer He always carries his black bag and contin- in this country should have the protection of a Flowers realizes the best way to prevent crime ues to make house calls to patients unable to is to give kids a positive influence and spiritual bulletproof vest or body armor. This bill will go come to the clinic. a long way in making that vision a reality. guidance at an early age. Jean Bacon, RNC of Monona, has worked Dedicated correctional officers like Warden with Dr. Smith since his first day in What better way to recognize national Police Arnett Flowers play an integral role in main- McGregor. Today as Memorial Hospital’s Week than by passing this legislation. Support taining law and order in our society. All Ameri- Emergency Department Clinical Coordina- H.R. 2829. cans should appreciate the efforts of the hard- tor, she still works with him. She says ‘‘Dr. f Smith has been my family physician since he working correctional officers across our coun- moved to this area. My family dearly loves PERSECUTION OF ASSYRIAN try who help keep violent offenders behind him as do all of his patients. When my chil- CHRISTIANS bars and who work tirelessly to keep our fami- dren were young they spoke of him as being lies safe. really cool.’’ She adds, ‘‘He is respected for HON. LUIS V. GUTIERREZ f his knowledge, but even more so for his com- OF ILLINOIS passion, caring and leadership as a role IN THE HOUSE OF REPRESENTATIVES HONORING DR. CLIFFORD SMITH model.’’ Ellen Nierling, RNC, education director at Thursday, May 14, 1998 HON. JIM NUSSLE Memorial Hospital, recalled a particularly Mr. GUTIERREZ. Mr. Speaker, I rise today busy night at the hospital working with Dr. to urge my colleagues to recognize the reli- OF IOWA Smith that left them both wondering at gious persecution and ethnic bigotry confront- IN THE HOUSE OF REPRESENTATIVES their career choices, but the following day Dr. Smith said, ‘‘It feels great when you ing the Assyrian Christian community in East- Thursday, May 14, 1998 know you make a difference in a patient’s ern Turkey, Syria, Northern Iraq and Iran. As Mr. NUSSLE. Mr. Speaker, many people in life.’’ we consider the Freedom from Religious Per- this chamber are aware of my commitment to Marilu Benz MD, Chief of Surgery and secution Act, I believe that the record should improving access to health care for rural resi- Chief of Staff at Memorial Hospital, states, document our Nation's concern and commit- ‘‘Dr. Smith is always willing to lend encour- ment to stopping the violence and oppression dents. A doctor who practices in my district, agement to hospital staff, and has a talent Dr. Clifford Smith, was recently honored by facing the Assyrian people. for bringing out the best in all of us. Our The Assyrian people have faced persecution the National Rural Health Association (NRHA) lives are truly enriched by his fine examples as the NRHA Rural Practitioner of the Year. of devotion, compassion and dedication.’’ throughout their history. As a religious and lin- He will officially receive this award tomorrow, Dr. Smith is looking forward to the trip to guistic minority throughout the Near East, As- May 15, 1998. Orlando. He says he has never been any place syrian Christians have long been the victims of Dr. Smith was raised in my district, and I am like it and, it should be fun. violence and repression. Forced assimilation pleased that he decided to remain in a rural His patients are proud of his national rec- and gross brutality against this persevering ognition, but they are even happier that area to practice medicine. I am wish to con- people have occurred too often. From the even at 72, he is still there when they need murder of thousands of Assyrians by the Iraqi gratulate Dr. Smith for this fine achievement. him. I am honored to submit an article from the military in August of 1933, known as the April 15, 1998 edition of the Monona Billboard f Simele Massacre, to the recent attacks on As- syrian villages in Northern Iraq by Kurdish ter- which describes Dr. Smith's commitment to his BULLETPROOF VEST rorist factions, the Assyrian people have and patients. PARTNERSHIP GRANT ACT OF 1998 I am grateful for the many years of service still continue to be the victims of violent perse- that Dr. Smith has provided to my constitu- SPEECH OF cution for their beliefs and values. ents. More than 30 Assyrians have been killed in HON. JACK QUINN Southeastern Turkey during the past three DR. SMITH NAMED NATIONAL RURAL HEALTH OF NEW YORK years. Assyrian Christians are caught in the PRACTITIONER IN THE HOUSE OF REPRESENTATIVES escalating warfare that has long engulfed this McGregor physician Dr. Clifford Smith has crossroads at the head of two ancient rivers, been selected as the 1998 National Rural Tuesday, May 12, 1998 the Tigris and Euphrates. The conditions fac- Health Care Association Rural Practitioner of the Year. He will receive the award during Mr. QUINN. Mr. Speaker, I rise today to ing Assyrian Christians continue to deteriorate. the NRHA’s 21st annual National Conference speak on behalf of H.R. 2829, the ``Bulletproof It is also clear that our nation must do more May 15, at Orlando, Fla. Vest partnership Grant Act of 1998.'' I would to protect the Assyrian people, their unique Dr. Smith has practiced medicine in north- like to thank my friend from Indiana Congress- culture and their religious freedoms. east Iowa and southwest Wisconsin since man Visclosky, and my friend from New Jer- Reports of religious intolerance toward coming to McGregor in 1962. He first prac- sey Congressman LoBiondo, for bringing this members of the Syriac Orthodox Church and ticed at the McGregor Hospital. In 1963, he long overdue and much needed bill to the floor the Church of the East have been docu- moved his office to 626 Main Street in of the House. Times have changed and we mented by United Nations (UN) human rights McGregor and in 1979 the clinic was built. Dr. Smith became affiliated with Gundersen must pass H.R. 2829 in order to protect the observers. The education of young Assyrians 1987. Dr. Smith also comes to the Monona men and women who risk their lives everyday about their history and the traditions of their Gundersen clinic. for our safety. The bulletproof vests of 15 or ancestors has been prevented by national and Smith was raised in Waterloo and decided 20 years ago are no longer adequate protec- local authorities across the region. This perse- as a youngster that the wanted to become a tion. The passage of this bill would authorize cution threatens the ability of Assyrians to May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E863 freely practice their faith in their ancient home- Dr. Haifa Fakhouri is the President and and appreciate the problems, duties and re- land. CEO of the Arab-American and Chaldean sponsibilities faced by all law enforcement offi- I believe our Government should pursue a Council, the nation's largest community-based cials throughout this country. policy that works to end this blatant religious human service agency serving the Arabic and Everyday, men and women across America bigotry toward Assyrian Christians. We must Chaldean speaking populations of southeast go to work with the single purpose of making work with local and national leaders in Turkey Michigan. Under her leadership, the Council all of our lives safer. They work long hours in to demand that the religious and civil rights of grew from a single office in downtown Detroit an often thankless job. But this week is our the Assyrian people be protected under Turk- to an agency of 28 outreach centers in the tri- chance to thank them for all they have done ish laws. We must continue to pressure the county area. She has also served as a Special and continue to do. It is also a chance to re- various Kurdish factions across the region to Advisor to the United Nation's on women's member those that have died while making respect the rights and autonomy of individual issues in the Arab World and as a delegate to our country a safer place. Assyrian towns and villages. We must also the International Women's Conference in Mex- Mr. Speaker, I call upon all citizens of this maintain the safe zone in Northern Iraq, to en- ico. Her work has been recognized through country to observe Friday May 15 as Peace sure that Saddam Hussein's tyranny cannot several awards including the Wayne State Officers' Memorial Day in honor of those cause further destruction of the Assyrian com- University Headliner Award and the Gov- peace officers who, through their courageous munity. ernor's Leadership Award. deeds, have lost their lives or have become The traditions and customs of the Assyrian Ms. Florine Mark is the President and CEO disabled in the performance of duty. people have endured for countless genera- of The WW Group, Inc., the nation's largest f tions. Our Nation must do all it can to ensure franchise of Weight Watchers International. that these proud people can continue to abide She started the company and has been the HONORING JACK MCDOWELL, PUL- and thrive in their ancestral homeland for CEO for over 30 years during which the com- ITZER PRIZE WINNING JOURNAL- countless more. pany has grown to approximately 70,000 IST, POLITICAL CONSULTANT, f members. She also serves as the Chair of the BELOVED FATHER AND HUS- Detroit Branch of the Federal Reserve Bank of BAND PERSONAL EXPLANATION Chicago and serves on the boards of numer- ous community organizations including the HON. GEORGE P. RADANOVICH HON. SUE MYRICK American Red Cross, the Detroit Renaissance OF CALIFORNIA OF NORTH CAROLINA Board, and Hospice of Southeastern Michigan. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Her work has been recognized through sev- Thursday, May 14, 1998 Thursday, May 14, 1998 eral awards including the National Association of Women Business Owners and the Michigan Mr. RADANOVICH. Mr. Speaker, I rise with Mrs. MYRICK. Mr. Speaker, due to a death the sad duty of informing you that America in my extended family, I was unavoidably ab- Entrepreneur of the Year Award. Mr. Speaker, it is my pleasure to pay tribute has lost an honored journalist, a warm friend sent on Tuesday, May 12, 1998, and as a re- and a great family man. Jack McDowell, sult, missed rollcall votes on H. Res. 423, H.R. to these outstanding leaders and friends and to an organization which plays an important whose storied career included winning a Pul- 3811, H.R. 2829, and H. Res. 422. itzer Prize for the now-defunct San Francisco Had I been present for these votes, I would role in reminding all of us that we share a common goal of peace and security in the Call-Bulletin, serving as political editor and col- have voted ``aye'' for all of these rollcall votes. umnist for the San Francisco Examiner and And I ask that my statement appear at the Middle East and community activism at home. culminating with 26 years as partner in the appropriate place in the CONGRESSIONAL f highly successful political consulting firm RECORD. IN APPRECIATION OF NATIONAL Woodward & McDowell, has died at this home f POLICE WEEK MAY 14TH, 1998 in Atherton. He was 84. AMERICAN ARAB AND JEWISH Born in Alameda to the founder and pub- FRIENDS OF METROPOLITAN DE- HON. JACK QUINN lisher of the Alameda Times-Star, McDowell TROIT HOLDS 12TH ANNUAL OF NEW YORK quite literally had journalism in his blood. As a AWARDS AND SCHOLARSHIP DIN- IN THE HOUSE OF REPRESENTATIVES boy he snuck out of camp to make a lone trek NER through the Sierra snow to file a report from Thursday, May 14, 1998 the ranger's station about how his Alameda HON. SANDER M. LEVIN Mr. QUINN. Mr. Speaker, thirty-six years boy scout troop was marooned by a freak ago, President John F. Kennedy designated springtime storm. OF MICHIGAN May 15th as Peace Officers' Memorial Day, After attending what is now San Jose State IN THE HOUSE OF REPRESENTATIVES and the week in which May 15th falls as Na- University during Prohibition, McDowell went Thursday, May 14, 1998 tional Police Week. I rise today to salute all on to become managing editor and co-owner Mr. LEVIN. Mr. Speaker, I rise today to rec- law enforcement officers across this country, with his brother, W. Clifford McDowell, of the ognize the American Arab and Jewish Friends and to remember those who lost their lives in Eugene (Ore.) Daily News and Turlock Daily of Metropolitan Detroit as they hold their 12th the line of duty. Journal. Annual Awards and Scholarship Dinner on The protection offered to each of us by this In 1942 he was hired as a reporter for the Sunday, May 17, 1998 and honor two distin- country's law enforcement officials should not Call-Bulletin. Three years later his story about guished leaders from each community. be taken for granted, nor should we forget the the new process of donating blood that fol- ``The Friends'' organization was established men and women who lost their lives in the line lowed a donor's pint into the Pacific Theater of in 1981 to promote greater understanding and of duty. In 1997, 160 law enforcement officers, World War II and into the soldier who received friendship between these two communities in- nearly forty percent more than in 1996, lost the transfusion was awarded the Pulitzer volving issues in Metropolitan Detroit. This an- their lives in the line of duty. From 1990±1995, Prize. nual dinner reflects their mission statement as there had been an average of 151 fatalities As his career progressed to writing a daily it raises funds for college scholarships for annually. column, ``Memo from Mac'' and on to city edi- Arab and Jewish high school seniors. The Over the past two years, the city of Buffalo tor of the Call-Bulletin, McDowell's noteworthy scholarship recipients are the winners of an has lost two of our finest law enforcement offi- stories included confronting a wanted killer on essay contest emphasizing ``The Ties That cials, killed in the line of duty. On April 9, the streets of San Francisco and taking the Bind'' Americans of Arab, Chaldean, and Jew- 1997, Officer Charles McDougal was sense- suspect back to the city room for an exclusive ish backgrounds. lessly murdered while on duty. Just a few interview before turning him over to the police. This year ``The Friends'' will honor two out- months ago, Officer Robert McLellan was It was during the eras of Governors Good- standing individuals who have sought to pro- killed while chasing a fugitive sought by boun- win Knight, ``Pat'' Brown and Ronald Reagan mote greater understanding between Arabs ty hunters. Both officers served their commu- that McDowell served as political editor and and Jews. They are both influential community nity with honor, distinction and bravery. columnist for the San Francisco Examiner. He activists who have been successful because Members of the law enforcement agency was recognized as the dean of the capitol of their intelligence, hard work, persistence, throughout this country play an essential role press corps and was often found at his ``unof- and a deep commitment to and caring for their in safeguarding the rights and freedoms of all ficial'' office, the renowned gathering spot for community. Americans. We must continue to recognize California politicos, Frank Fat's. E864 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 After a learning period under the wing of worse, and it is costing the country a great being of the people of Bakersfield over the famed California political consultants Stuart deal of money, and a larger amount of credi- past century. Spencer and Bill Roberts and serving as bility. Of great men, Ralph Waldo Emerson once Statewide News Director of Governor Ronald f said ``brave men who work while others sleep, Reagan's re-election campaign, McDowell and who dare while others fly . . . they build a na- partner Richard Woodward, formed the firm RECOGNIZING KODAK OF tion's pillars deep and lift them to the sky.'' Woodward & McDowell in 1971. WINDSOR, COLORADO The names which will be etched on this me- They successfully guided former San Fran- morial will be an eternal reminder of the seven cisco State University President S.I. Haya- HON. BOB SCHAFFER brave men who lost their lives daring to pro- kawa to a seat in the United States Senate OF COLORADO tect the people of Bakersfield. Mr. Speaker, it is with great pride that I pay and went on to run some of the most con- IN THE HOUSE OF REPRESENTATIVES tribute to the law enforcement officials in Ba- troversial ballot measure campaigns in Califor- Thursday, May 14, 1998 nia, winning more than 95% of the time. kersfield who died in the line of duty. The McDowell earned the firm a reputation for hon- Mr. BOB SCHAFFER of Colorado. Mr. somber black granite monument will be a last- esty, credibility and journalistic standards that Speaker, on May 7, 1998, officials of Kodak ing tribute to these individuals who put the are a hallmark of the industry. Colorado Division located in Colorado's Fourth safety of the community ahead of their own. I Mr. Speaker, with the loss of Jack McDowell Congressional District announced that the am proud to live in a town which has chosen to honor its fallen police officers in such a fit- we have lost a man for whom the standard company is the first facility in the State of Col- ting and lasting manner. was excellence, and nothing less. He will be orado and the first sensitized manufacturing f sorely missed by his loving family, his col- facility of Eastman Kodak Company to be- leagues at Woodward & McDowell and the come registered for ISO 14001. PEACE OFFICERS MEMORIAL DAY many others who knew him as a man not only ISO 14001 Registration is given to compa- AND POLICE WEEK, 1998 with a story to tell, but the best way to tell it. nies by the British Standards Institution, Inc. f (BSI) after completing a rigorous audit con- HON. TIM ROEMER ducted by BSI representatives. The audit is a OF INDIANA IN SUPPORT OF ALEXIS HERMAN thorough examination of Environmental Man- IN THE HOUSE OF REPRESENTATIVES agement Systems in all major production and HON. EARL F. HILLIARD support areas on site including manufacturing Thursday, May 14, 1998 OF ALABAMA processes, pollution prevention plans, and site Mr. ROEMER. Mr. Speaker, this week Con- IN THE HOUSE OF REPRESENTATIVES procedures. ``This registration is a true reflec- gress and the nation pause to honor the more tion of the efforts of our employees on behalf than half a million law enforcement officers Thursday, May 14, 1998 of environmental protection'', said Lucille across the country who put their lives on the Mr. HILLIARD. Mr. Speaker, I rise today in Mantelli, director of Communications and Pub- line each day to protect us and our families. support of my friend, and our Labor Secretary, lic Affairs. ``The Kodak Colorado Division is These dedicated men and women are pre- Ms. Alexis Herman. From what I have read, I committed to being an environmentally re- pared to give what Abraham Lincoln called do not believe that there exists any sound evi- sponsible citizen, and to be registered as a ``their last full measure of devotion'' so that we dence that she was involved in any illegal ISO 14001 company is a recognition of our ef- can continue to enjoy the freedom and quality acts. The charges are frivolous and unsub- forts in this arena.'' In order to retain the reg- of life that we sometimes take for granted. stantiated. And, for the life of me, I cannot un- istration as a ISO 14001 company, third party Federal, state, and local police officers per- derstand what continues to possess the Attor- audits are required semi-annually. form a great service for our communities. All ney General to appoint Independent Counsels Mr. Speaker, this recognition shows the too often they literally are the last thread be- to investigate overtly partisan and unsubstan- commitment Kodak has as a company, to be tween us and the forces of violence and tiated hearsay. an environmentally sound, competitive organi- chaos. We ask a great deal of the officers who protect us. We ask them to defend our homes Even officials at the United States Depart- zation maintain high standards of excellence and families; to patrol our roads and high- ment of Justice, in their memo to the three for the community. I would like to thank Kodak ways; and to bring justice to criminals and Judge panel overseeing this process, stated of Windsor, Colorado for being such a con- murderers who would otherwise prey on our that no tangible evidence exists which proves scientious corporate citizen. that Secretary Herman was involved in any- society. We ask a great deal from this ``blue f line,'' but it never breaks and is always there thing even remotely illegal. to guard us. For this we owe the nation's po- Mr. Speaker, I am deeply troubled at this MARKING THE DEDICATION OF lice officers our deepest gratitude and our wanton spirit of unwarranted prosecution, and THE BAKERSFIELD POLICE ME- MORIAL strong support. at the Justice Department's willingness to ap- Last year, 159 law enforcement officers point Independent Counsels to investigate un- made the ultimate sacrifice while working to substantiated rumors. HON. WILLIAM M. THOMAS protect us. This means that, on average, one Since the beginning of the Clinton adminis- OF CALIFORNIA law enforcement officer is killed somewhere in tration, these so-called Special Prosecutors IN THE HOUSE OF REPRESENTATIVES America nearly every other day. In Indiana, have cost the American taxpayers a fortune, Thursday, May 14, 1998 seven officers lost their livesÐranking Indiana yet; not one of the principals investigated, has fifth in the nation in terms of officers lost in the yet to be convicted of any crime. Mr. THOMAS of California. Mr. Speaker, line of duty. Two officers from the congres- The costs of the investigations of the this week is Law Enforcement Officers Memo- sional district I represent made the ultimate present administration total over $51 million, rial Week, seven days set aside to honor the sacrifice last year: Paul Richard Deguch, from with no apparent end in sight. The examples courageous men and women who gave their the South Bend Police Department, was mur- of these politically inspired investigations in- lives protecting us and upholding the law. Yes- dered in the line of duty; and James Kautz, clude: $29 million and still counting for Ken terday, I was proud to vote for House Resolu- from the Long Beach Police Department, was Starr's investigations; $14 million for Donald tion 422 which states that law enforcement of- killed while helping at the scene of a traffic ac- Smaltz's investigations; $5.4 million for David ficers who have died in the line of duty should cident. Barrett's; $3.2 million for Daniel Pearson's; be honored, recognized, and remembered for This week we pay tribute not only to those and $244,000 for Curtis von Kann's investiga- their great sacrifice. Today I rise to help pay who gave their lives, but also to every spouse, tion. tribute to the law enforcement officers who every child, every parent, and every friend. It seems as though the leadership at the died while serving Bakersfield, California. We pay tribute not only to those who died, but Justice Department is like a willow which With all of the advances that have been to those who have lost them, to the survivors. blows in the wind, allowing it to bend to the made in the field of American law enforcement And we pay tribute to the law enforcement of- desires of the current rumor-of-the-day. this century, one sad and sobering fact re- ficers who continue to go to work each day, All I can say is, shame on you Madame At- mains the same: police officers are often killed putting their lives on the line, in the name of torney General, for allowing yourself to be in- in the line of duty. On May 15, the Bakersfield freedom. fluenced, at the eleventh hour, by unwar- Police Department will dedicate a monument As we honor these heroes with ceremonies ranted, last minute, right-wing, rumor- to honor the law enforcement officers who and flags standing at half-staff, we should re- mongering. This is political folly at its very sacrificed their lives for the safety and well- dedicate ourselves to ending the violence that May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E865 has taken such a toll on these peace officers. phony. I may speak loudly and run for public CONGRATULATIONS TO JACK V. We can best honor their service by seeing that office. Or I may speak softly by writing to PANDOL today's officers have the training, equipment my representative to tell him my opinions and public support they need to accomplish on an issue. But regardless of how I speak, my voice will always be audible. It must be, HON. GEORGE P. RADANOVICH their dangerous mission. To quote Lincoln OF CALIFORNIA in order for me to be a fully participating again, our greatest tribute to these fallen offi- member of our democracy. It is my duty to IN THE HOUSE OF REPRESENTATIVES cers is to see that they ``shall not have died those who have sacrificed and those who con- Thursday, May 14, 1998 in vain.'' tinue to work for freedom throughout the f Mr. RADANOVICH. Mr. Speaker, I rise world to exercise my right to participate in today to congratulate Jack V. Pandol for being 1997–98 VFW VOICE OF DEMOCRACY our government. honored with the Boy Scouts of America SCHOLARSHIP COMPETITION I realize that using my voice is critical to Southern Sierra Council's Great American the continuation of democracy. Our govern- Award. This is one of the highest awards ment consists of millions of voices. Those of given by the Boy Scouts and is only the fourth HON. DAN BURTON politicians and those of voters, but all of OF INDIANA in the 86-year history of the local Scout Coun- which are American voices. Exercising our cil. As a man who has made lasting contribu- IN THE HOUSE OF REPRESENTATIVES voices through voting is our privilege, right, Thursday, May 14, 1998 and duty as American citizens. In order to tions to his community and country, Jack is very deserving of this award. Mr. BURTON of Indiana. Mr. Speaker, I am truly have a government of, by, and for the people, we must all work to build it. We Jack Pandol began his service in the United pleased to submit the following for the CON- must all contribute our piece of the puzzle, States Army 25th Infantry Division during GRESSIONAL RECORD: our voice, to our democracy. When I cast my World War II. He fought in the Philippines and ‘‘MY VOICE IN OUR DEMOCRACY’’ vote a year from now, I will be doing far Japan and received the Purple Heart, Bronze (By Lori Parcel, Indiana Winner) more than choosing one candidate from the Star, and Combat Infantry Badge for his distin- Who hasn’t solved a jigsaw puzzle? We all ballot. I will be contributing my voice to the guished service. have been faced with the task at one time or extensive puzzle which depicts the tapestry Jack V. Pandol is of Croatian descent and another. I remember the last time I tried to of our government. And I will be raising my has been a Delano based farmer since 1941. solve one. After hours of work, the puzzle voice, in harmony, to contribute to that In 1948, Jack and his two brothers purchased was nearly complete . . . and then I realized symphony we call democracy. 400 acres of land from their parents. Today, that some of the pieces were missing. I this family owned farming operation has grown scoured the area in search of the missing pieces, but I was unable to find them. The f to over 6,000 acres of land in Kern and Tulare puzzle remained incomplete. In many ways, counties. He began as a grape grower, but our democracy is a puzzle that consists of HONORING WIVB–TV CHANNEL 4 soon branched out to become a grower, mar- over 250 million pieces. Over 250 million keter, exporter, and importer. Jack is currently voices which are inextricably bound. And the President of Pandol Brothers, Inc. National interlocked within this tapestry, the tap- HON. JACK QUINN and International Sales, and a partner in estry of democracy, is my voice. Pandol & Sons Farming. The Pandol firm cur- I realize that all of the pieces of the puzzle OF NEW YORK must be present for our government to be rently does business in over thirty countries, fully effective. However, looking around, I IN THE HOUSE OF REPRESENTATIVES representing growers from Washington state to South America and as far away as China. can’t help but notice gaps in democracy’s Thursday, May 14, 1998 tapestry. Gaps which surely weaken the en- Jack has been instrumental in the opening tire structure. I raise my voice to cry out to Mr. QUINN. Mr. Speaker, I rise today to of foreign markets for international trade in Eu- the missing pieces, to tell them to join the rope, the Orient and South America. He is bring to the attention of my colleagues a very majority of Americans, to exchange ideas known for his innovations in ``barter'' trade, special anniversary in my district, that of our and strengthen our government, but my cry fresh produce marketing, and general agri- does not reach some. They do not understand local television channel, WIVB±TV. culture. Jack has received many awards for that by discounting their own voices, and by On May 14, 1948, then known as WBEN± ignoring my plea, they are hurting both his work in the farming and shipping indus- themselves and our government. They do not TV, WIVB began service to the Greater Buf- tries, and has served in many distinguished realize that a democracy such as ours cannot falo areas as our community's first television positions. Among these are Director of Califor- effectively operate without their input. I use station. In addition to being the first television nia Pacific Corporation, Advisory Board Mem- my voice to tell them about the time I was station in Western New York, WIVB was also ber for the U.S. Department of Agriculture for paging in the state legislature. I tell of a first to offer live news broadcasts, live weather Fruit and Vegetables, Member of the Califor- man who came into the statehouse and ob- reports, live coverage of sporting events, and nia Export Finance Board, Advisory Board served me tallying opinion surveys. The Member for the U.S. Maritime Commission, man, presumably a stray piece, was surprised color broadcasting. This pioneering and inno- that the surveys were tallied. He expressed vative spirit has established WIVB a leader in President of Delano Grape Products, Vice his astonishment by saying, ‘‘That’s where local broadcasting. President of the Rag Gulch Water District, and those surveys go. You actually read these. I President of the California Grape and Tree did not think anyone listened, or that it was In that proud tradition, WIVB±TV looks to Fruit League. worth spending money for a stamp.’’ The the future with a continued commitment to eth- Mr. Speaker, it is with great honor that I man did not understand that the absence a ical and ambitious journalism, technological in- congratulate Jack V. Pandol for being honored single voice, a solitary note in the symphony novations through Doppler Radar, and a grow- with the Boy Scouts of America Southern Si- of our government, can throw harmony into ing system of local weather stations. erra Council's Great American Award. Jack discord. I plea to the stray pieces once again. I tell These impressive accomplishments would Pandol is an exceptional patriot whose con- them that, during my experience paging, I not have been possible without the many tal- tributions to agriculture have made a promi- learned that legislators are people. They ented individuals who have served WIVB. nent impact in his community and beyond. I have pictures of their families on their Whether as an on-air television personality, or ask my colleagues to join me in wishing Jack desks, and they even drink coffee. They are V. Pandol many more years of success. as one of the countless behind-the-scenes no different from the rest of us except they f have decided to make a career out of using men and women who contribute so much to their voices to build our democracy, to add the success of the program, WIVB±TV, and in- TRIBUTE TO HUGO F. SON- more pieces to the puzzle in hope of solving deed, our entire community, are indebted to NENSCHEIN, PRESIDENT OF THE our nation’s problems. their service. UNIVERSITY OF CHICAGO But certainly one does not have to hold public office to have a voice in our govern- Mr. Speaker, today I would like to join with ment. Rosa Parks provided the impetus for the many residents of Buffalo and Western HON. SANDER M. LEVIN the Civil Rights movement by simply refus- New York who enjoy WIVB's programming ev- OF MICHIGAN ing to give up her seat on the bus. She did eryday in expressing my enthusiastic com- IN THE HOUSE OF REPRESENTATIVES not even have to open her mouth to have her Thursday, May 14, 1998 voice heard throughout the nation. mendation to WIVB±TV Channel 4 on the oc- My voice will not be the missing piece of casion of its Fiftieth Anniversary, and send our Mr. LEVIN. Mr. Speaker, as a proud alum- the puzzle or the chord absent in the sym- best wishes for the next half-century. nus of the University of Chicago, I rise today E866 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 to welcome Dr. Hugo F. Sonnenschein, Presi- During a meeting with a variety of Christian sacrifices made by Gold Star Mothers. I con- dent of the University of Chicago, to Washing- religious leaders organized by the National gratulate the cast on their achievements in re- ton, D.C. and the U.S. Capitol on Thursday, Council of Churches, I had the opportunity to minding us all the true reason we celebrate May 21, 1998 in recognition of his substantial visit with a number of bishops and ministers Memorial Day in America. contribution to American education and to the from Indonesian, Pakistan, the Middle East On May 21st, 1998, the cast, dressed in his- general welfare of the United States as leader and the former Soviet Union. They were unan- torical period costumes, will accompany a of that esteemed institution. On Thursday, imous in their fear that the United States had local Gold Star Mother on a trip to Buffalo, May 21, President Sonnenschein will pay a very little cause to force countries to be more New York. There, the cast will perform with rare visit to the University of Chicago alumni tolerant with different religious faiths. They students from Riverside High School in their in the Greater Washington, D.C. area, to bring were unanimous in their fear that this bill could Memorial Day Assembly. This productionÐ them news of developments at the University, be perceived interference by the United States ``Reflections Going Home''Ðis dedicated as a and learn of developments among alumni in and could actually make things worse for the Mother's Day Card Gold Card to all Gold Star the Nation's capital. members of their faith. Mothers. Dr. Sonnenschein has served American Since I've arrived in Congress I have been Previously, the troupe has traveled to our higher education with extraordinary distinction, working to understand the role the United nation's capital where they laid a wreath at the as researcher, teacher, and administrator. Be- States plays as the remaining superpower, Vietnam War Memorial on the National Mall fore becoming the 11th President of the Uni- militarily and economically, and I would hope and were honored by Congress just last year. versity of Chicago in 1993, Dr. Sonnenschein morally. I have met with religious and busi- The Gold Star Mothers are part of a group (A.B., University of Rochester, 1961; Ph.D., ness and political leaders both overseas and that had its roots in the first great conflict of Purdue University, 1964) served as Provost, here in the United States including Aung San the 20th CenturyÐWorld War I. President Princeton University, 1991 to 1993; Dean, Suu Kyi, the 1991 Nobel Peace Prize winner Woodrow Wilson proclaimed that service flags School of Arts and Sciences, University of from Myanmar (formerly known as Burma) and would be displayed at homes that had family Pennsylvania, 1988 to 1991; and as a re- known dissidents in Thailand. I am convinced members serving the country. Blue Stars were spected scholar of microeconomics. we do have a constructive role to play regard- displayed for each family member in the Mr. Speaker, President Sonnenschein's visit ing religious persecution, but this legislation Armed Forces. And, as the war progressed to the Nation's capital is particularly significant. does not meet that goal. and casualties mounted, the stars were turned There are some four thousand graduates of f to Gold Stars to represent each service mem- the University of Chicago who enrich the politi- ber killed defending our country. cal, educational, scientific, cultural, legal and HONORING OUR GOLD STAR The Gold Star Mothers were officially orga- business life of Greater Washington, D.C. The MOTHERS nized in Washington, DC, in 1929. But one university educates all manner of leaders, and does not have to be a formal member of the in the Nation's capital alone has produced dis- HON. JON D. FOX national organization to be a Gold Star Moth- tinguished Members of this great Congress, OF PENNSYLVANIA er. The standard for entering this revered dedicated managers and administrators in the IN THE HOUSE OF REPRESENTATIVES group of Americans is much, much higher and Executive Branch, and effective judges in the more difficult than simply joining an organiza- Federal Courts. Thursday, May 14, 1998 tion. One must have had a child who made In addition, the University of Chicago takes Mr. FOX of Pennsylvania. Mr. Speaker, I the supreme sacrifice for our country. It is a special pride in its reputation as a teacher of rise today to pay tribute to our Gold Star non-profit, non-political organization which was teachers. A great number of its graduates are Mothers who have suffered the terrible losses first organized by 25 mothers in June 1928 an educators improving the lives of students at all of their sons and daughters for the defense of was incorporated on January 5, 1929. In 1936 levels of the American educational system and our nation. These young men and women CongressÐin a joint resolutionÐdesignated all over the world. were in the prime of life, full of hope and the last Sunday in September as Gold Star Mr. Speaker, since its founding in 1892, the youthful promise, when they died defending Mother's Day. In 1940, President Franklin University has been uniquely devoted to the their country and preserving our freedom. Roosevelt further recognized the day. creation of knowledge, and the research of its Their loss was and is heart-breaking for the These Gold Star Mothers, perhaps better scholars in the humanities, social sciences, bi- families and friends left behind. AndÐenjoying than anyone else, know the agony that comes ological sciences, and natural sciences has the long period of peace and freedom that from caring for, nurturing, and raising up a made innumerable contributions both to our these young American service men and child only to see that young life lost just as it national life and to international progress. women bought so dearlyÐwe are in danger of is beginning. But these fine Americans de- The University's Washington, D.C.-area forgetting their great sacrifice. serve the greatest admiration, thanks and re- alumni look forward to greeting President But there is one group of fine Americans spect from all of us and I find it remarkable Sonnenschein on May 21 to make friends, ex- who are uniquely able to make sure that the that this group of courageous women is that change ideas, and express their appreciation rest of us do not forget. They are the Gold they refuse to allow their grief to become the for his outstanding service to that esteemed Star Mothers. Each one lost a child who died victor. Instead, they chose to channel their educational institution. in the military service of our country during pain and suffering into productive work to ben- For these reasons, Mr. Speaker, it is an this of war. efit veterans and the community at large. honor and a privilege to ask my colleagues in I am proud and grateful that we have a These ladies whose loved ones did not this great Congress to join me in recognizing strong and active group of Gold Star Mothers make it home devote themselves to caring for University of Chicago President Hugo F. in the Delaware Valley region including the and helping those who did. In a supreme act Sonnenschein on his visit to the Nation's cap- 13th District of Pennsylvania which I represent of love and concern for others, many Gold ital. in Congress. Star Mothers dedicate themselves to helping f The cast of ``Reflections'' is composed of the children of other mothers, children who STATEMENT ON THE FREEDOM students from Erdenheim Elementary School survived war. Gold Star Mothers assist in all FROM RELIGIOUS PERSECUTION in Springfield Township, Montgomery County manner of ways. They visit veterans' hospitals BILL and students from Upper Dublin High School to help service people there. They take part in from Fort Washington, Pennsylvania as well patriotic observances that help all of us re- HON. EARL BLUMENAUER as students from Thomas Edison and Olney member the sacrifices that bought our free- High Schools in Philadelphia. The play is a dom. OF OREGON retrospective of our patriotism and a testament But the Gold Star Mothers did not stop IN THE HOUSE OF REPRESENTATIVES to the sacrifices our country has asked of its there. They wanted to expand their opportuni- Thursday, May 14, 1998 mothers. ties to assist veterans and their families and Mr. BLUMENAUER. Mr. Speaker, I voted The Play was written, produced and di- sought a Congressional Charter so they could against the ``Freedom From Religious Perse- rected by one of my constituents, Vietnam work in veterans' hospitals throughout the cution Act'' because of conversations I had Veteran Frank ``Bud'' Kowalewski. I commend country. Their charter was granted in 1984 with religious leaders from around the world his tireless work in offering our young people and outlines the objectives and purposes for who convinced me this approach would not the opportunity to honor lost lives, and teach- which they were organized including; (1) as- stop religious persecution, but could actually ing them the nature of valor and patriotism. sisting all veterans and their dependents in backfire. The play strives to educate the nation on the claims to the U.S. Veterans Administration, (2) May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E867 inspiring respect for our flag, the Stars and at risk of disease. Indeed, the VNA's pro- Bureau of Investigation, 42 percent of those Stripes, (3) encouraging a sense of individual digious outreach work served as an impetus officers could have survived if they had been obligation to the community, state and Union; for hospitals in the area to establish their own wearing bulletproof vests. Today, 25 percent and (4) perpetuating the memory of those outpatient departments. of state and local law enforcement officers do whose lives were sacrificed in our nation's By 1936, the VNA's outreach methods pro- not have access to a single bulletproof vest. wars. vided for considerable success in fighting Tu- That is 150,000 police officers who every day I salute the Gold Star Mothers of the Thir- berculosis, and played a major role in reduc- are 14 times more likely to die if they are hit teenth Congressional District, the entire Great- ing it from the number one cause of death to by a bullet. The statistics are shocking and the er Philadelphia area and the Nation as a the eighth in Morris County. During World War public policy is uncontrovertible. Please join whole. Starting with just 25 members, Gold II, and in ensuing years, the VNA focused on me in supporting final passage of H.R. 2829. Star Mothers grew quickly and today has increasing its staff size, so as to widen its abil- Thank you. members from all 50 states, the District of Co- ity to serve the community. By 1960, the VNA f lumbia and Puerto Rico. All of us should be had expanded to eight nurses serving 37 grateful that our Nation produces men and towns in Morris County, with a total budget of CONDEMNING THE ATTACK ON women with the courage and dedication to $60,000. Less than twenty years later, the AKIN BIRDAL: TURKEY’S LEAD- make the supreme sacrifice so that we might VNA had revenues in excess of $1 million, ING RIGHTS ADVOCATE be free. We should be thankful too that our and today boasts a staff of 400 employees of- Nation has mothers whose courage and com- fering comprehensive health services to the HON. STENY H. HOYER passion help make those sacrifices worth it Morris County area. OF MARYLAND andÐin the most special wayÐmake sure that Mr. Speaker, throughout its long history, the IN THE HOUSE OF REPRESENTATIVES the memory of those who died for our country Visiting Nurse Association of Northern New Thursday, May 14, 1998 lives on. Jersey has never lost sight of its crucial role God bless the Gold Star Mothers. We hum- in providing superior home health care to Mr. HOYER. Mr. Speaker, yesterday morn- bly offer our tears, humility and gratitude as a those in need. As the VNA today deals with ing Akin Birdal, the President of the Human nation. We pray there will be no more lives the extraordinary challenges of meeting the Rights Association of Turkey (IHD), was unnecessarily lost and no more tears. God specific needs of those suffering from AIDS gunned down in his Ankara office. A right-wing love and protect all of our brave soldiers in and other diseases, I ask you, Mr. Speaker, squad has claimed responsibility for the attack this great Nation. and my colleagues, to join me in commemo- which left Turkey's most vocal human rights f rating the Visiting Nurse Association of North- critic comatose. ern New Jersey on this special anniversary Since 1986, under Akin Birdal's leadership, THE 100TH ANNIVERSARY OF THE year. the IHD has established itself as the largest VISITING NURSE ASSOCIATION f independent human rights monitoring NGO in OF NORTHERN NEW JERSEY Turkey. Akim Birdal has appeared before the BULLETPROOF VEST Helsinki Commission and met with its staff in HON. RODNEY P. FRELINGHUYSEN PARTNERSHIP GRANT ACT OF 1998 Washington and Ankara. He is in high regard OF NEW JERSEY by legislators and diplomats around the world. SPEECH OF IN THE HOUSE OF REPRESENTATIVES In recent years he has received awards from the Lawyers Committee for Human Rights, the Thursday, May 14, 1998 HON. MICHAEL N. CASTLE OF DELAWARE International Human Rights Law Group and Mr. FRELINGHUYSEN. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES NGOs in Europe. Last year, he was elected today to commemorate the 100th Anniversary Vice-President of the prestigious International of the Visiting Nurse Association of Northern Tuesday, May 12, 1998 Federation of Human Rights Leagues (FIHD). New Jersey. Mr. CASTLE. Mr. Speaker, I want to ex- This vile assault takes place against a back- The Visiting Nurse Association of Northern press my strong support for H.R. 2829, the drop of repression and intimidation against New Jersey, officially incorporated in 1916, Bulletproof Vest Partnership Grant Act. This is rights workers throughout Turkey. The Gov- traces its roots to the Female Charitable Soci- much needed legislation to help protect our ernment of Turkey has criminalized non-violent ety established in Morristown in 1813. The So- law enforcement officers as they work to make human rights advocacy. Security forces and ciety was established by women who felt obli- our communities safe. right-wing death squads have collaborated in gated to provide coal, food and clothing to The threats facing our police officers have the murders of human rights activities, Jour- poor individuals in northern New Jersey, and, grown more complex and dangerous. Police- nalists, Kurdish dissidents and others. More by 1898, also provided nursing services. The men who put their lives on the line every day than a dozen IHD offices have been closed by VNA was founded on the enduring civic and too often find themselves in the sights of crimi- authorities and IHD leaders, including Mr. charitable virtues embodied by the Society, nal who have high powered automatic and Birdal face continuous legal and other harass- and today continues their long tradition of semi-automatic weapons. Violent criminals ment. serving the community. have too often used these weapons against Mr. Speaker, despite great personal danger, In the early 1900's, Morris County, like law enforcement officers. We need to give Akin Birdal and his colleagues dared to con- many other areas in the country, experienced ``the good guys,'' our law enforcement profes- tinue speaking against human rights violations a wave of immigration that brought with it sionals, every means of protection against by the State. The IHD has been especially many challenges in providing health outreach criminals. This problem is so severe that the critical of the ``dirty war'' waged against Tur- services. To respond more effectively to these federal government should support state and key's Kurdish rebels. In recent weeks, the cli- changing social conditions, the VNA hired its local efforts to provide more protection to our mate of intimidation escalated. Mr. Birdal re- first full-time nurse in 1914, Ms. Mable R. police men and women. That is the purpose of ported numerous death threats against himself Saulpaugh, who went on to make 771 house this legislation. and his family. Unsubstantiated allegations by calls without the use of a car. By 1918, the The Bulletproof Vest Partnership Grant Act security officials leaked to the media stated VNA opened up its first day care center for ex- authorizes the Bureau of Justice Assistance to that Birdal took orders from the PKK, an out- pectant mothers, and, later that same year, make $25 million in grants to states or local lawed Kurdish guerrilla group. Mr. Birdal vigor- purchased their first automobile, which greatly governments to purchase bulletproof vests for ously denied such allegations and denounced increased its sphere of influence. use by law enforcement officers. These grants the ``primitive conspiracy'' orchestrated by Tur- During the 1920's and 1930's, the VNA es- are matched by state and local governments, key's military rulers against their ``enemies tablished several key outreach tools to ensure unless it would produce a financial hardship list.'' that a broad spectrum of individuals were on the community. Additionally, it gives pref- Mr. Speaker, the shooting of Akin Birdal is aware of the health services that the VNA erential treatment considerations to applica- a great tragedy for all who cherish human could provide to them. Most popular among tions from jurisdictions that have the greatest rights. His steadfast support for peace and these was the Well Babies and Children pa- need for such funding, a mandatory policy for non-violence is an inspiration to many in Tur- rade, where prizes were awarded for the using bulletproof vests, or a violent crime rate key and abroad. IHD was working with NGOs healthiest-looking baby and toddler. Additional above the national average. around the world to commemorate the 50th tools included going directly into the schools Since 1980, 1,182 police officers have been anniversary of the Universal Declaration of and following up with home visits for children killed by firearms. According to the Federal Human Rights. On this auspicious occasion, it E868 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 is sad to note deteriorating human rights con- name the new college sponsored by the Hi- CLINTON ADMINISTRATION’S ditions in Turkey and a steady slide towards Desert Publishing Company. In 1981, commu- CHINA POLICY THREATENS outright military rule. Instead of supporting the nity leaders gathered for the official INTERNATIONAL SECURITY work of independent human rights NGOs, groundbreaking at the future site of Copper which make significant contributions to devel- Mountain College. Today, the campus contin- HON. MAC COLLINS opment of civil society and the rule of law, the ues to grow and prosper in remarkable ways OF GEORGIA Government of Turkey instead represses as a result of Virnita's vision and determina- IN THE HOUSE OF REPRESENTATIVES them, labels their members ``terrorists,'' and tion. Thursday, May 14, 1998 makes them open targets. In 1984, I had the distinct honor of nominat- Mr. Speaker, the United States Government Mr. COLLINS. Mr. Speaker, increased re- ing the Friends of Copper Mountain College supports Turkey militarily, economically and gional tension and instability resulting from this for the Presidential Volunteer Action Award. At politically. Turkey is a NATO ally and member week's nuclear test detonations in India have the time, Virnita was serving as president of of the Organization for Security and Coopera- heightened concerns over the Administration's the college board and was largely responsible tion in Europe. I therefore welcome the settle- policy toward Communist China. China's tar- for the incredible progress being made in mov- geting of thirteen CSS±4 missiles at the con- ment by the State Department spokesperson ing the campus forward. Later that year, a tinental United States and its unwillingness to condemning the attack and urging that the group of ``Friends'' traveled to Washington, DC abide by existing non-proliferation agreements perpetrators be brought to justice. prove that China is a threat to peace, in gen- However, our government must do more to to accept the award from President Reagan. It eral, and American interests, in particular. In demonstrate our commitment to democracy in was a touching and fitting tribute to Virnita and light of these critical concerns, I urge the Turkey. If we truly value a stable and long- many others who had worked so hard to fulfill President not to agree to any future dual-use term relationship, we must not continue to ig- the dream of establishing a college campus in technology transfers to China at this time, in- nore the fact that the military's predominance the Morongo Basin. cluding those in the Administration's proposed in politics precludes true democracy. The in- Mr. Speaker, Virnita McDonald has been at space agreement. Furthermore, I strongly urge ability of military or civilian administrations to every step in the creation of Copper Mountain the President and all Members of Congress to peacefully address the Kurdish problem or the College and deserves a great deal of credit for oppose maintaining China's Most-Favored Na- rise of Islamic political activism remains a rec- her longtime devotion to this fine campus. I tion (MFN) trade status. ipe for disaster. The resulting political instabil- ask that you join me and our colleagues in Since President Clinton's election in 1992, ity fuels the climate in which human rights ac- paying tribute to this remarkable woman who China has violated non-proliferation agree- tivists are attacked, free speech is curtailed fittingly will have her name associated in per- ments at least twenty times. On a number of and other fundamental freedoms eroded. petuity with the new student center. Virnita occasions, China has transferred military tech- Mr. Speaker, as I speak today, my thoughts McDonald is one of the finest, most devoted nologies directly to nations hostile to American and prayers are with Akin Birdal, his family, women I have ever met. As a mother, grand- interests, including Pakistan, Iran and Libya. his colleagues at IHD and all those in Turkey mother, great-grandmother, and as a commu- Additionally, China continues to refuse to join committed to the ideals of human rights and nity leader, Virnita continues to set a remark- the Missile Technology Control Regime to pre- democracy. It is a sad day for all, and we can able example for all of us to emulate. It is only vent the future spread of these dangerous only hope that this incident will make people appropriate that the House pay tribute to her technologies. In spite of a clear record of Chi- think and act seriously about the state of today. nese unreliability and irresponsibility, the Clin- human rights in Turkey. ton Administration has continued to support f f waivers allowing additional missile tech- nologies to be transferred from American cor- A TRIBUTE TO VIRNITA NATIONAL POLICE WEEK McDONALD porations to the Chinese government. Of par- ticular concern to me is the recent waiver granted by the President to Loral Space and HON. JERRY LEWIS HON. ROBERT B. ADERHOLT communications, a company currently under OF CALIFORNIA OF ALABAMA investigation by the Justice Department for IN THE HOUSE OF REPRESENTATIVES making allegedly illegal transfers of sensitive Thursday, May 14, 1998 IN THE HOUSE OF REPRESENTATIVES missile technologies to Communist China. As the editors of the New York Times noted in Thursday, May 14, 1998 Mr. LEWIS of California. Mr. Speaker, I April, this waiver ``could open the door to dis- would like to bring to your attention today the Mr. ADERHOLT Mr. Speaker, fantasy he- cussions about the same kind of guidance fine work and truly remarkable dedication of system expertise under investigation in the Virnita McDonald of Joshua Tree, California. roes can't help but call attention to them- selves, with their unusual cars and costumes. 1996 case, effectively undermining the Justice My dear friend Virnita will be recognized at a Department investigation'' of Loral. dinner honoring her longtime service to Cop- Real life heroes, however, are often humble people, preferring to avoid the spotlight. In the interest of justice and international se- per Mountain College as it commemorates the curity, I urge the President to withdraw his McDonald Hall Student Center. In October, 1997, Police Officer Chris support for Most-Favored Nation status for Virnita McDonald, a fine writer and public McCurley of Etowah County, Alabama, lost his China and to end American dual-use tech- relations professional, has long been active in life in an unexpected gunfire battle. Three nology transfers to China. Only after it ceases numerous community and civic affairs through- other officers were also shot in this savage at- to deploy missiles capable of attacking the out the Morongo Basin. She has served on tack: Rick Correll, Khris Yancey, and Gary Lee United States mainland, ends its transfers of many boards and local commissions and has EntrekinÐwho lost a leg as a result of military technology to nations such as Paki- received a number of awards for her fine wounds. Officer McCurley's wife Donna, stan, Iran and Libya, and agrees to the terms work. But Virnita is perhaps best known for Tommy Watts, Officer Entrekin, and other offi- of the Missile Technology Control Regime her work relating to Copper Mountain College. cers are in Washington DC for National Police should China become eligible to receive mili- Virnita has been a driving force behind the Week, which honors the work of officers all tary technologies from the U.S. and be consid- establishment and success of Copper Moun- over the country. ered a candidate for Most-Favored Nation sta- tain College since 1977 when she was first Officer Entrekin's words about Chris tus. elected to the Board of Trustees. As of today, McCurley are more eloquent than anything I I further urge that the President refuse to she has served five terms on the Board. Her could say: accept so-called ``detargeting agreements'' as tenacious advocacy for a campus in the progress toward any national security goal. As Morongo Basin led her to participate in the I worked side by side with him for years, most Members are aware, retargeting can very first fundraising efforts in 1979. The fol- and he helped me through a lot of hard occur with a single keystroke in today's com- lowing year, Virnita went to Sacramento to times. He was the best partner you could puter age. As long as China maintains offen- ever ask for. He never backed down. He personally lobby state legislators on establish- would be the one I’d want with me. sive missile capabilities against the United ing an auxiliary for the purpose of fundraising States, American policy should seek to render for the yet unnamed campus. Shortly there- These are true, American heroes, and on these weapons unreliable and ineffective. De- after, the trustees choose the name ``Copper behalf of those whom they serve, it is my privi- nial of technology transfers could prove a val- Mountain College'' as a result of a contest to lege today to thank them. uable tool in achieving this objective. May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E869 THE CINCINNATI OBSERVATORY: vision from Kean College, and a Doctor of TRIBUTE TO COMMANDER ROBERT NATIONAL HISTORIC LANDMARK Education in administration, Curriculum, and WALKER DURFEY, JR. Supervision from Rutgers University. He has HON. ROB PORTMAN served as an Adjunct Professor in Reading HON. SOLOMON P. ORTIZ OF OHIO Studies at Middlesex County College, 1970± OF TEXAS IN THE HOUSE OF REPRESENTATIVES 71, as Assistant Director of the Evening IN THE HOUSE OF REPRESENTATIVES Divsion, 1971±72, also at Middlesex County Thursday, May 14, 1998 Thursday, May 14, 1998 College, and as House Principal of Plainfield Mr. PORTMAN. Mr. Speaker, I rise today to High School, 1972±81. Mr. ORTIZ. Mr. Speaker, I rise today to pay recognize the Cincinnati Observatory in Cin- Frank joined the Nutley School District in tribute to an outstanding patriot, United States cinnati, Ohio, which recently received the Na- 1982, serving as Principal of Nutley High Coast Guard Commander Robert Walker tional Park Service's designation as a National School. He served in this capacity until 1986 Durfey, Jr. Today, in Corpus Christi, friends Historic Landmark. when he was promoted to Assistant Super- and colleagues will celebrate Commander The Cincinnati Observatory is a nationally intendent of Schools for Nutley. Ten years Durfey's tenure, to date, in service to the significant historical site for its association with later he was promoted to Superintendent of United States. All of us wish him well as he individuals, institutions and events related to Schools for the Nutley School District. continues his service in California. astronomy. Its two structures, now on 11 Frank is a representative of the New Jersey During Commander Durfey's tenure at acres, were designed by nationally recognized Association of School Administrators and Group and Air Station Corpus Christi as Dep- master architect Samuel Hannaford and built served as President of the Assistant Super- uty Group Commander and Air Station Execu- in 1873 and 1904. intendents Roundtable for Essex County. tive Officer, I have become familiar with his ef- The Cincinnati Observatory is the oldest Since 1978, he has also served as Adjunct ficiency and uncanny ability to exercise good functioning observatory in the United States. Professor in Administration, Curriculum, and judgment in delicate situations. He was The original telescope was the largest in the Supervision at Jersey City State College. thoughtful about keeping my office appraised U.S. and the second largest in the world at the Mr. Speaker, I ask that you join me, our col- of situations as they occurred with regard to time. The observatory was associated with the leagues, Frank's family and friends, and the matters of security. He played a pivotal role in careers of such famous American astronomers Town of Nutley in recognizing the many out- Operation Gulf Shield, the largest multi-agency as Ormsby MacKnight Mitchel (1809±1862), standing and invaluable contributions Dr. counter-drug operation in the history of the who published Sidereal Messenger, the first Frank T. Votto has made to the Public School United States. As a former law enforcement officer myself, attempt to bring astronomy to the public and System of Nutley, New Jersey. I am deeply aware of the price illegal drugs Cleveland Abbe (1838±1916), a meteorologist f exact from our communities and our nation. who instituted daily weather bulletins in 1869. Commander Durfey and I share a commitment Abbe's work became popular with the public SECOND ANNIVERSARY OF TAI- to keeping drugs off the streets of our country. and led directly to the creation of the federal WAN PRESIDENT DR. LEE TENG- This warrior has been diligent and dignified in agency National Weather Bureau in 1870. HUI’S INAUGURATION Paul Hergert (1908±1981) the world's fore- carrying out the policies of the United States; most authority on the commodation of plan- he is a true public servant. HON. ROBERT A. UNDERWOOD But that is not the entire reason the Coastal etary orbits, served as director of the Observ- OF GUAM Bend of South Texas will miss him. He is just atory from 1946±1978. Under his leadership, IN THE HOUSE OF REPRESENTATIVES an outstanding human being. He is a devoted the observatory became the original location Thursday, May 14, 1998 Christian with a beautiful family. He is decent of the Minor Planet Center, which was found- and dedicated to the service, to his family, but ed in 1947 by the International Astronomical Mr. UNDERWOOD. Mr. Speaker, in 1996, most of all to his men. He is thoughtful of the Union. For the work he initiated at the Observ- Dr. Lee Teng-hui was sworn in as the ninth sailors in the ranks, and deeply respectful of atory, Herget was elected to the National President of Taiwan, Republic of China after having been elected in the first-ever popular his superiors. Academy of Science in 1962. He has the highest level of commitment and The Cincinnati Observatory embodies the election held in this island nation. This year marks the second year of his inauguration into represents the height of integrity. If you are rich history of American astronomy. It has looking for an honest man, go meet Com- gained international prominence for its land- office. In addition to being one of our closest asso- mander Durfey. He is always willing to go the mark work in field of proper motions, gravita- extra mile for his duty; he is determined to do tional studies and sidereal astronomy, includ- ciates in Asia, Taiwan has steadily matured as an economic stronghold. The last few years the job well. The Coast Guard is genetic with ing double stars, nebulae and clusters. Today, him. His father was Rear Admiral Robert it serves as a vibrant public resource on the has seen the republic's economy grow at a spectacular rate. It is currently one of the Durfey (USCG, retired) and Commander history and practice of astronomy. Durfey readily admits to being in the Coast All of us in Greater Cincinnati congratulate United States' largest trading partners. As the delegate from Guam, I recognize the Guard ``all his bloomn' life.'' the Cincinnati Observatory, the Cincinnati We will miss him in the Coastal Bend, but Planning Association and the Observatory fact that the island and people that I represent share deep cultural and historical ties with Tai- we can find great comfort that he will continue Planning Committee for their hard work and his quality service in northern California, which dedication to preserve this window to the past wan. My constituency includes a substantial number of Taiwanese immigrants. As in nu- is familiar territory to him. He attended high and inspiration for the future. school in Alameda and now returns with a f merous locales, Taiwanese immigrants have integrated themselves with our island commu- vast amount of experience under his belt. TRIBUTE TO FRANK T. VOTTO, nity over the years and have emerged as a While I cannot be at his ceremony today, I Ed.D vital force in the development and growth of hope all of you will join me in commending Guam. In addition, Taiwanese tourists contrib- this outstanding public servant and dedicated ute to the island's economy. Made possible by Coastie. HON. BILL PASCRELL, JR. f OF NEW JERSEY the visa-waiver program recently implemented IN THE HOUSE OF REPRESENTATIVES for Taiwanese citizens, Guam has greatly ben- REMEMBERING JOHN B. BENNETT efited from the business they bring. Thursday, May 14, 1998 We applaud Taiwan's economic achieve- HON. JACK QUINN Mr. PASCRELL. Mr. Speaker, I would like to ments and political progress. I am positive that OF NEW YORK call to your attention Frank T. Votto, Ed.D., their leaders, many of whom were educated in IN THE HOUSE OF REPRESENTATIVES Superintendent of the Nutley School District the United States, will continue to lead their who is retiring after 16 years of service to the nation towards prosperity and success. Thursday, May 14, 1998 Town of Nutley. On behalf of the people of Guam I would Mr. QUINN. Mr. Speaker, I rise today to Frank has been a public school and colle- like to congratulate President Lee Teng-hui on bring to the attention of my colleagues the giate educator for 35 years in New Jersey. He the second anniversary of his inauguration as dedication of a plaque commemorating the holds a Bachelor of Arts degree in Secondary president. I join them the people of Taiwan in service of Mr. John B. Bennett, which oc- Social Studies from Montclair State, a Master their celebrations and wish them continued curred in my District this past Saturday at the of Arts degree in Administration and Super- prosperity. West Side Rowing Club. E870 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 Mr. Bennett, who passed away May 27, over conflict, and the rule of law over anarchy. Chetcuti and his selfless contributions to the 1995, is a true legend in Rowing in every . . . We lean heavily on this thin blue line, people of Millbrae. sense of the word. During an era when club and it never breaks.'' crews were as powerful as those at some of Officer Chetcuti honored this truth every day f the big Universities, he dominated the field as of his life through his extraordinary commit- North America's winningest Coach. His eight- ment to protecting all of us. As Mike Parker, IN RECOGNITION OF SAMUEL oared crews won the U.S. National Champion- Chief of the Millbrae Police Department, so STEEL ships in 1947, 1949, 1950, and 1951. Those eloquently remarked, ``We lost Officer David J. same crews went on to win the Royal Cana- Chetcuti when he was doing what he loved dian Henley Championships in 1946, 1947, and did best, helping others.'' HON. JOE SKEEN 1949, 1950, 1951, and 1956. David John Chetcuti was born in San Fran- OF NEW MEXICO Coach Bennett also led a four-oar team to cisco on March 5, 1955. He was the youngest a National Championship in 1956, and rep- of seven children born to John and Lily IN THE HOUSE OF REPRESENTATIVES resented our Nation in the 1956 Olympic Chetcuti. Dave graduated from Capuchino Thursday, May 14, 1998 Games in Melbourne, Australia. High School in San Bruno, and later joined the Even more important than his will to win and Millbrae Police Department as a Reserve Po- Mr. SKEEN. Mr. Speaker, I rise today to pay impressive records was Coach Bennett's lead- lice Officer in November, 1983. In April 1987, tribute to Samuel Steel, the first graduate of ership, involvement, and motivation of count- Dave was hired as a Deputy Sheriff with the New Mexico Agricultural College, now known less young men who were fortunate enough to Alameda County Sheriff's Department. He re- as New Mexico State University, who will be turned to the Millbrae Police Department in be part of his teams. receiving his honorary degree during tomor- December, 1987, shortly after graduating from Born and raised in Buffalo, New York, row's pregraduation ceremonies in Las Alameda County's 91st Basic Academy. Coach Bennett served as a Member of the Cruces, New Mexico at the university. Buffalo Police Department for Thirty-three Throughout his distinguished eleven-year years, and attained the rank of Lieutenant. career, Officer Chetcuti consistently performed Samuel Steel was completing his last se- Mr. Speaker, today I would like to join with as an outstanding officer and leader in many mester toward his Bachelor of Science Degree the West Side Rowing Club, the Bennett Fam- different service capacities. In 1992, he was at New Mexico Agricultural College when he ily, and our entire Western New York commu- the first officer from the Millbrae Police Depart- was shot on March 9, 1893. He would have nity in remembrance of Coach Bennett's serv- ment to receive recognition for the highest been the first graduate of a New Mexico Terri- ice. I close with a caption from the newly dedi- number of drunk driving arrests during the tory institution of higher learning had he not cated plaque, which best sums up his amaz- ``Avoid the 23'' campaign. In 1995, he re- been killed at the age of 17. ing contributions: ceived the Department's Lifesaving Award for Steel entered New Mexico Agricultural Col- ``As remarkable as his coaching record was, initiating CPR on a heart attack victim. Over lege at the age of 13. Accounts of his abilities his moral influence on hundreds of young the years, Officer Chetcuti received more than indicated a young man of genius or near-ge- men, many of who were war veterans, was 33 written commendations and was named in nius aptitude. he entered his senior year in the stronger. He motivated his charges to be win- countless news stories reporting arrests, in- fall of 1892 as the only member of his class. ners in life as well as on the water.'' vestigations, and outstanding achievements. He was a member of the Columbian Literary God Bless that unending commitment and Mr. Speaker, 23 police officers have died in Society, which created the New Mexican Col- Mr. John B. Bennett. the line of duty in the history of San Mateo legian, the first college newspaper in the terri- f County, California. Behind each murder is a tory. family grieving, a department devastated, and TRIBUTE TO THE MEMORY OF a community shaken. As we mourn Officer President Hiram Hadley said of Steel: ``It is MILLBRAE POLICE OFFICER Chetcuti, and as we share our grief with his rather more than 40 years since I consecrated DAVID JOHN CHETCUTI family, friends, and the people of Millbrae, I my life to the work of education. In that period would like to pay tribute to these 22 brave I have had under my care many brilliant HON. TOM LANTOS men who preceded him in making the ultimate youths, a large number of whom now fill ex- OF CALIFORNIA sacrifice for the safety and security of all of us. alted positions in their chosen callings; but taken in all, I have never known the superior, IN THE HOUSE OF REPRESENTATIVES These 22 officers are: Hugo Olazar, Califor- nia Highway Patrol (1989); Joel M. David, if the equal of Samuel Steel. Personally, I Thursday, May 14, 1998 East Palo Alto Police (1988); George L. Gar- loved him with a paternal affection, and had Mr. LANTOS. Mr. Speaker, I would like to rett, Jr., Redwood City Police (1981); Ralph planned for him labor in which he was sure to invite my colleagues to join me in expressing Percival, California Highway Patrol (1974); distinguish himself.'' our deepest sorrow at the devastating loss last Gordon Joinville, San Mateo Police (1968); In the 100th anniversary year of his death, month of Officer David John Chetcuti of the Richard J. Klass, Daly City Police (1966); the Sam Steel Society was formed to carry on Millbrae, California, Police Department. Officer Charles Manning, Broadmoor Police (1964); the scholarly tradition of Steel by inducting Chetcuti, who was only 43 years old, was Dale Krings, California Highway Patrol (1962); new graduates and honored individuals into killed on April 25 while aiding another officer William E. Pitois, California Highway Patrol the Society. Two years later, the frontage road during an exchange of gunfire with a heavily (1960); John W. Lyle, Menlo Park Police on I±10 along the southern edge of the cam- armed man. (1960); Eugene A. Doran, Hillsborough Police pus was named Sam Steel Way. Mr. Speaker, I ask my colleagues to join me (1959); William Moyle, South San Francisco in expressing our most sincere condolences to Police (1953); James Dalziel, California High- On May 15, 1998, 105 years after he would his wife Gail, his three sonsÐDavid, Jr., John, way Patrol (1945); Forrest Gerken, California have been the territory's first graduate of a and RickeyÐand their friends and family in Highway Patrol (1944); Herman G. Fleishman, New Mexico college, an honorary bachelor of Millbrae and throughout the Bay Area. All of Redwood City Police (1939); Jack Doyle, Daly science degree in general agriculture is being us have been touched by Officer Chetcuti's City Police (1936); Pierre J. Larrecou, Sheriffs' awarded to the late Samuel Steel. On hand to generosity, service, duty and commitment to Department (1927); Albert D. Coturri, San accept the degree will be three nephewsÐ his community. Bruno Police (1924); Herbert W. Lampkin, Captain Gordon Steel of the United States Air Last month's tragedy hangs even more Sheriff's Department (1924); Arthur G. Mee- Force, Ric Steel of El Paso, and namesake heavily in our hearts this week as we com- han, San Bruno Police (1924); William Phillip Dr. Samuel Steel of San Francisco. memorate National Police Week. President McEvoy, Sheriff's Department (1897); and The diploma reads: ``Be it known that for his Clinton's words proclaiming this solemn occa- George Washington Tallman, Sheriff's Depart- outstanding scholarship as the first member of sion ring especially true in reflecting upon Offi- ment (1988). a senior class in a college in the New Mexico cer Chetcuti: ``This week a grateful Nation Mr. Speaker, I invite my colleagues to join Territory, which set a standard of excellence pauses to honor the more than half a million me in paying tribute to the courageous officers for those who followed as students at New dedicated law enforcement officers across our of the Millbrae Police Department and all other Mexico State University, the Regents hereby country who put their lives on the line each police officers across America who risk their confer posthumously upon Samuel Steel the day to protect us. These courageous and lives every working day. As we mark National honorary degree of bachelor of science in dedicated men and women daily wage the Police Week, let us all take a moment to general agriculture with all the honors and dis- timeless battle for right over wrong, peace honor them, and to remember Officer David J. tinctions appertaining hereto.'' May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E871 A TIME TO HONOR THE FALLEN I am honored to be able to pay tribute not Mental Health Board from 1969 to 1975 and only to our fallen officers from home, but also has served on the boards of the Family Coun- HON. STEVE C. LaTOURETTE to all those who have bravely served our seling Service of Ridgewood and the Health OF OHIO country. We must never forget their unselfish and Welfare Council of Bergen County. She IN THE HOUSE OF REPRESENTATIVES service because they never forgot their duty to was a member of the Lay Development Board serve and protect that helped establish a College of Professional Thursday, May 14, 1998 f Psychology at Rutgers University and a mem- Mr. LATOURETTE. Mr. Speaker, this week ber of the Professional Standards Review thousands of law enforcement officers from CONGRATULATING ELEANOR Committee of the New Jersey Psychological around the country have assembled in our na- NISSLEY Association. She was an advisory associate to tion's capital for National Police Week. One of the Graduate School of Applied and Profes- the enduring ceremonies of Police Week is the HON. MARGE ROUKEMA sional Psychology at Rutgers. She is a former candlelight vigil held each year at the National OF NEW JERSEY trustee of Bergen Community College and a Law Enforcement Officers Memorial. IN THE HOUSE OF REPRESENTATIVES founding member of the Bergen Community Each year at this memorial, about 10,000 Thursday, May 14, 1998 College Foundation. Eleanore has also served people join together to honor our fallen offi- on the boards of the Community Chest and cers. At last night's 10th Annual Candlelight Mrs. ROUKEMA. Mr. Speaker, I rise to con- the United Way. She is a former commissioner Vigil, the names of 159 law enforcement offi- gratulate Eleanore S. Nissley on being named of the New Jersey Sports and Exposition Au- cers who lost their lives in the line of duty in 1998 Woman of the Year by the New Jersey thority and is currently vice chairwoman of the 1997 were added to the memorial. To date, Federation of Republican Women. This award Hackensack Meadowlands Development Com- more than 14,000 men and women have died is highly deserved, based on Eleanore's long mission. while trying to keep our communities safe, record of service to the Republican Party, However, this is not the first award Eleanore with the earliest known death in 1794 when which spans five decades. Eleanore is a stal- has received. She has been honored by a U.S. Marshal Robert Forsyth was shot and wart veteran of our party who has fought for number of groups, including the Bergen Coun- killed. Republican values since the Eisenhower Ad- ty Young Republicans, the Meadowlands On average, one law enforcement officer is ministration and is still fighting today. No one Chamber of Commerce, the New Jersey killed somewhere in America nearly every could be more deserving of this high honor. Council of County Colleges, and Bergen Com- other day, so it is important that we as a na- Eleanore is an accomplished business- munity College, to name a few. tion honor those men and women in blue who woman, an active participant in our political All of this has been done while pursuing an have died. One of the men whose name was process, an advocate of higher education, a impressive business career and raising a fam- added to the wall this year is from the 19th supporter of mental health programs, and a ily. A graduate of New York University with a Congressional District of Ohio, which I have true member of her community through organi- bachelor's degree in education, Eleanore has the honor of representing. Ashtabula Police zations such as the United Way. She has truly been president of Anclote Estates since 1995 Department Patrolman Bill Glover was shot followed the philosophy that a successful per- and of Steffens Reality Co. since 1984. She November 17, 1997, while apprehending a son should return something to the commu- was previously with Cogenic Energy Systems robbery suspect. He left behind a wife, nity, underscoring the contribution of volun- Inc., the Fifth Avenue Collection Inc., and Marianne, and three young children. teers to making their communities a better Sartex International Inc. Eleanore lives in The addition of Officer Glover's name will place to live, work, and raise a family. Ridgewood. She has four children, Jim, Gale, bring the total number of Ohioans killed in I can think of fewÐif anyÐindividuals who Peter, and Debbie. duty to 621. Sadly, only four statesÐNew have a record of service to the Republican I would like to take this occasion to bring at- York, California, Illinois and TexasÐhave had Party as impressive as Eleanore's. Her politi- tention to the achievements and service of this more officers killed in the line of duty than cal activities go back to 1953, when she joined outstanding lady and add the recognition of Ohio. Six of the Ohio officers who died in the the Bergen County Young Republicans Club. my colleagues in this House for all she has line of duty are from my hometown of Lake She joined the Bergen County Republican done for her community and the Republican Country, Ohio: Woman's Club and the Bergen County Repub- Party. Eleanore is truly one of the outstanding Constable Ernest C. Gray, Willoughby lican Committee the following year and the Republican women in our State and has been Township, July 16, 1919. New Jersey Federation of Republican Women a leader in promoting Republican candidates Deputy Marshal Lawrence R. Yaxley, Men- in 1958. She has been the Republican State and ideals and making us the majority party tor Village, January 30, 1927. Committeewoman for Bergen County since across the USA. She has been an inspiration Lt. Joyce Robbin Moore, Willoughby Police 1965. She was secretary of the Republican for women seeking to become active in our Department, March 22, 1955. State Committee from 1981 to 1997, when electoral process. I thank her for her many Patrolman John Apanites, Cleveland Police she became vice-chairwoman. contributions and wish her continued success Department, April 7, 1969. Eleanore has been to six of the last eight in the future. Auxiliary Capt. George Maxin, Willowick Po- Republican National Conventions as either a f lice Department, December 31, 1976. delegate or alternate delegate. She was on Detective Jack Spohn, Willoughby Police hand for the nomination of Richard Nixon, RESOLUTIONS APPROVED BY THE Department, August 2, 1998. Gerald Ford, Ronald Reagan, George Bush, NATIONAL SOCIETY DAUGHTERS As a member of Congress, I have had the and Bob DoleÐevery Republican President OF THE AMERICAN REVOLUTION privilege of participating in National Police and Presidential nominee of the past two gen- Week the last three years. Tonight, like the erations. Eleanore's participation in these HON. BOB LIVINGSTON past three years, I will participate in a solemn events extended far beyond her official duties OF LOUISIANA Pipe Band March that will conclude with a as a delegate, however. She returned home IN THE HOUSE OF REPRESENTATIVES wreath laying ceremony at the at the National charged with the energy of the convention and Thursday, May 14, 1998 Law Enforcement Officers Memorial. As in worked tirelessly to campaign for the GOP past years, I will be joined by Chief Jim nominee and to encourage other Republican Mr. LIVINGSTON. Mr. Speaker, I want to McBride of the Lakeland Police Department. women to do the same. She worked not only take this opportunity to insert the following res- I wish from the bottom of my heart we had to support the presidential nominee at the olutions passed by the National Society no need for such a memorial, that every year head of the ticket but every Republican can- Daughters of the American Revolution (DAR) could pass without candlelight vigils and didate as well. She was a leader among into the CONGRESSIONAL RECORD. The resolu- wreath laying ceremonies. It would be a won- women whose strong advocacy and support tions were passed by the DAR at its 107th derful world if all our officers could live full were important to many women candidates. Continental Congress which was held on April lives, watch their children and grandchildren Her advocacy and support for me was a key 22, 1998. grow up, and die of old age in their beds next to my election to Congress. I have always re- EMERGENCY RESOLUTION to their loved ones. Unfortunately, far too lied on her for sound advice and counsel. THE NATO EXPANSION TREATY many die far too young, and we are left to try Eleanore has an equally strong record of Scheduled for U.S. Senate vote the week of and make sense of their senseless deaths. community service, particularly in education, 4/20/98 Our National Law Enforcement Officers Me- young people and mental health. She served Whereas, Article 5 of the North Atlantic morial helps to make this possible. as vice chairwoman of the Bergen County Treaty obligates each NATO member to E872 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 ‘‘agree that an armed attack against one or that they can ‘‘Do Everything’’ to which natural Heritage Sites in the United States more of them in Europe or North America they set their minds and hearts. The Na- can be designated Biosphere Reserves under shall be considered an attack against them tional Society Daughters of the American the UNESCO Man and the Biosphere Pro- all’’; Revolution pays tribute to this famous gram, and 47 Biosphere Reserves have been Whereas, Expanding NATO to include Hun- American. selected in the United States covering 50 gary, Poland and the Czech Republic will fur- A PATRIOT & A PIONEER million acres, land in which economic devel- ther obligate the United States to defend not Dr. Anita Newcomb McGee, one of the opment, property rights and population dis- only the borders but the NATO defined ‘‘in- founders of the NSDAR, its first Librarian persion are to be centrally managed by agen- terests’’ of Eastern Europe, and could result General and a co-founder with General cies of the United Nations; and Whereas, In an effort to preserve federal, in further deployment of United States George M. Sternberg of the DAR Hospital state and private property rights, The Amer- troops throughout the world; and Corps in April 1898. She recruited qualified ican Land Sovereignty Protection Act, cur- Whereas, The Treaty will add nothing to nurses for the Spanish American War. the territorial security of the United States, She was appointed Acting Assistant Sur- rently before the United States Senate, but will stretch an already thin United geon, U.S.A., in charge of army nurses on would end United States participation in the States military across an ever expanding August 29, 1898; this empowered her to orga- United Nations Biosphere Reserves and area, increasing the risk to American serv- nize the Army Nurse Corp. After the war, in World Heritage programs and eliminate the icemen, who will be fighting under United 1900, when the Army Reorganization Act was designation of all sites in the United States unless approved by Congress; therefore, be it Nations command; therefore, be it being written, Dr. McGee, at General Resolved, That the National Society Resolved, That the National Society Sternberg’s request prepared the Army Daughters of the American Revolution be Daughters of the American Revolution does Nurse Corps section of the act which was not not view the NATO Expansion Treaty as in aware of the danger posed to freedom by the changed until 1947. UNESCO controlled World Heritage Sites the best interest of the United States, and is Her indomitable spirit lives on in the Dr. and Biosphere Reserve programs in which opposed to any treaty that will undermine Anita Newcomb McGee Award to the Out- sovereign United States land is to be man- Congress’ Constitutional responsibility to standing Army Nurse of the year. Dr. Anita aged by the United Nations in accordance declare war, place United States troops Newcomb McGee was a patriot and a pioneer with international goals and dictates; and under United Nations command and commit physician and deserves this centenary ac- support the American Land Sovereignty Pro- the United States to permanent involvement knowledgement. tection Act which would require consent of in foreign conflicts and wars. HISTORIC VIEW OF THE UN AND THE NSDAR Congress, state and local authorities before PREAMBLE Whereas, In 1946, the National Society submitting any American site to inter- Lord Thomas Macaulay Daughters of the American Revolution national supervision. Letter to an American Friend, 23 May 1857, adopted a resolution in support of the United UNITED NATIONS CLIMATE CHANGE CONVENTION ‘‘. . . The average age of the world’s greatest Nations as an instrument to ‘‘promote inter- Whereas, The United Nation’s Framework democratic nations has been 200 years. Each national understanding and permanent Convention on Climate Change, signed in has been through the following sequence: peace’’ but at the same time began a ‘‘con- Japan in 1997, will mandate massive energy From bondage to spiritual faith. structive campaign of education to prevent cuts, resulting in the loss of millions of jobs, From faith to great courage. the confusion of this plan of world respon- exacerbating the exodus of energy dependent From courage to liberty. sibility with any plan of World Government industry, and affecting all business, includ- From liberty to abundance. involving world citizenship, universal cur- ing agriculture; From abundance to complacency. rency, free trade, and the dominance of the Whereas, This will cause living standards From complacency to selfishness. United States by other nations’’; to plummet and food prices to soar, while From selfishness to apathy. Whereas, The NSDAR continued to view giving rise to a new global regulatory bu- From apathy to dependency. the UN as a world organization of sovereign reaucracy and forcing American industry to And from dependency back again into nations working together for world peace relocate in the 128 under developed countries bondage.’’ and understanding, while opposing any form exempt from the treaty, such as China, India Can we escape this fate? of world government, but by 1955, citing UN and Mexico; and assaults upon the Constitution of the United Whereas, The government’s own satellite COMMEMORATIVE DEDICATIONS States, the NSDAR resolved that it was program over the past 18 years shows a slight OBSERVE THE CENTENARY OF THE DEATH OF A ‘‘clear that a CONCEALED purpose (of the cooling, and many prominent climate sci- DAUGHTER: FRANCES E. WILLARD UN) is to destroy the sovereignty of the entists consider the global climate conven- (September 28, 1839—February 17, 1898), United States of America in order to build a tion or treaty to be flawed and its goals un- NSDAR #243; Chicago Chapter Charter & Ft. WORLD GOVERNMENT without the right of realistic ‘‘. . . based solely on unproven sci- Dearborn Member secession’’, and in 1958, for the first time, by entific theories, imperfect computer models The National Society Daughters of the an overwhelming vote, requested the United . . . and unsupported assumptions that cata- American Revolution, at the Seventh Con- States to withdraw from the UN; and strophic global warming follows from the tinental Congress in 1898, mourned ‘‘the Whereas, Over the years the NSDAR has burning of fossil fuels . . .’’; therefore, be it death of one of its most distinguished mem- objected to various UN commissions, special Resolved, That the National Society bers’’. This year will mark the 100th anniver- agencies and treaties and, believing control Daughters of the American Revolution op- sary of the death of Frances Elizabeth Caro- of the military is an essential ingredient of pose the United Nations Framework Conven- line Willard, a remarkable woman. sovereignty, has also opposed agreements tion on Climate Change which would result Through the Women’s Christian Temper- such as the Program for General and Com- in deindustrialization of the United States, ance Union (WCTU), she educated millions to plete Disarmament ‘‘creating a permanent drastically lowering living standards as in- the dangers of alcohol, tobacco and drug use. UN peacekeeping force subjecting American dustry is forced to relocate in under devel- As a suffragist for the rights of women and troops to international control’’; therefore, oped countries exempt from the convention, children, she helped create protection for be it and in a new global regulatory bureaucracy them in working for their education and Resolved, That every DAR member be which would further destroy sovereignty. women’s right to vote, the eight hour work mindful that upon application for member- INJUSTICE FOR ALL—WORLD COURT day, equal pay for equal work, uniform mar- ship, she pledges allegiance to the United Whereas, a global treaty conference to es- riage and divorce laws, prison reform, and States of America and agrees to support its tablish a world tribunal supported by the she worked as a tireless advocate for the Constitution, and as stated in the NSDAR General Assembly of the United Nations, and sanctity of the home. Author, educator, Handbook, ‘‘DAR Membership is incompat- already considered by many as an accom- worker for peace and improvement of the ible with any form of international, regional plished fact, will be held during June, 1998 in human condition through passive demonstra- or world government which would dilute Rome to begin the treaty ratification proc- tions of strength, she made the nation and American sovereignty, supersede our con- ess to establish an International Criminal then the world conscious of the newly found stitutional rights and guarantees or limit Court (ICC); resource of women. She trained women, en- our nation’s independence.’’ Whereas, The definition of the new World courage them to achieve at their highest po- WORLD HERITAGE SITES JEOPARDIZE AMERICAN Court of War Crimes is loosely defined and tential and then helped to provide a door LAND SOVEREIGNTY presently includes genocide, crime against through which they could enter into service. Whereas, Independence Hall, cradle of humanity and war crimes with power to add She was an integral part of many organiza- American liberty, and 20 other uniquely other categories such as ecological crimes; tions, including the NSDAR, that a century American properties have been designated and serious concerns are being raised about a after her death still continue their missions. World Heritage Sites in direct violation of tribunal dedicated to the creation of prece- In 1905, her statue was placed in Statuary Article IV, Section 3 of the U.S. Constitution dents in international law by judges from Hall in the Capitol Building in Washington, which authorizes Congress to make ‘‘all countries that are culturally alien to Amer- D.C. as an honored Illinoisan, the first needful Rules and Regulations respecting ican values and outside the common law tra- woman to stand among the figures of great Property belonging to the United States’’; dition, with no procedural rights or immuni- Americans of the United States. Today, Whereas, The World Heritage program, ties as guaranteed by the United States Con- Frances Willard is a reminder to all women under the control of UNESCO mandates that stitution and the Bill of Rights; and May 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E873

Whereas, The United States will be ex- CENSUS 2000: SUPPORT FULL ENUMERATION to ‘yes or no’, while prohibiting all rights to pected to provide most of the enforcement VERSUS SAMPLING amend executive trade agreements; there- personnel for the ICC, and American mili- Whereas, The Constitution of the United fore, be it tary personnel on United Nations peacekeep- States mandates the enumeration of the pop- Resolved, That the National Society ing forces will be at risk of being targeted ulation every ten years for the purpose of ap- Daughters of the American Revolution rec- with war crime charges; therefore, be it portioning Congressional representation and ommend NAFTA be rescinded and oppose ex- Resolved, the National Society Daughters determining the distribution of funding for tension of ‘‘fast track’’ trade authority to of the American Revolution oppose any ef- government programs among the states the President of the United States, whereby forts to surrender our nation’s sovereignty which is essential to provide statistical in- the Constitutional right of Congress to act to the United Nations by establishing the formation to be utilized in drawing district on trade agreements would be eroded and International Criminal Court, a world tribu- boundary lines which effect Congressional power would be transformed to the Execu- nal that will override the United States Con- and local elections; tive. stitution, the American legal system, and Whereas, In order to reduce the estimated AMERICAN FAMILY our inherent rights. cost of 4.8 million dollars for Census 2000, the Whereas, Remembering that the NSDAR THE AMERICAN HERITAGE RIVERS INITIATIVE Bureau of the Census is exerting pressure to motto ‘‘God, Home and Country’’ focuses at- (AHRI) change from the traditional method of full tention on the importance of God—spiritual Whereas, The American Heritage Rivers enumeration to a sampling procedure of values and morals, home—one’s own dwelling Initiative (AHRI), implemented by Presi- unproven accuracy, in which only a percent- place and that of their immediate kindred, dential Executive Order 13061, allows federal age of the population would be counted; and comprising parents and children, and con- takeover of 10 American rivers initially and Whereas, The information recorded in past stituting the fundamental social unit in soci- ultimately as many as 114, establishing census records is an invaluable tool for gene- ety, and country—the United States of vaguely defined ‘‘river communities’’ includ- alogists, historians and sociologists and America to which we pledge our allegiance; ing watershed areas 1; should continue to be so; therefore, be it Whereas, Since 1973, the family income has Whereas, Although communities are en- Resolved, That the National Society declined necessitating many families with couraged to submit future plans for their Daughters of the American Revolution sup- both parents in the work force and children river designation, the final decisions will be port the Constitutional requirement of full in day-care; the quality and parental control made by the AHRI Committee which is ap- enumeration of the Census 2000 which will of many schools has been diminished; many pointed by the President’s Council on Envi- provide important and necessary informa- types of media have overwhelmed American ronmental Quality, leaving nonelected state tion to the United States Government and life altering moral standards; the pervasive administrators, employees and nongovern- its people. influence of drugs, alcohol and violence has mental organizations (NGO’s) in control of compromised the safety of the family; and designated rivers; and NO TO PUERTO RICAN STATEHOOD the roles of both mother and father have Whereas, U.S. Representative Helen Whereas, When the House of Representa- been eroded by government and societal Chenoweth—Idaho has introduced legislation tives recently voted by a margin of one to intervention; and to stop federal funding of the AHRI, an ini- enable Puerto Rico to become the 51st state, Whereas, Before passing laws, Congress and tiative which imposes another layer of fed- the public was unaware that this was on the State Legislatures should consider the ef- eral bureaucracy, violates constitutional and Congressional agenda although the President fects of law on the family, communities statutory law, reduces the states’ domain of Puerto Rico and his associates had re- should support solutions so that families are and restricts private property rights; there- tained 30 Washington, D.C. firms to lobby for nurtured and encouraged; families should in- fore, be it statehood; crease their involvement in school matters; Resolved, The National Society Daughters Whereas, The per capita income of Puerto parents should carefully guide their family of the American Revolution oppose the Rico is half that of our poorest state, more consumption of media and assume their re- American Heritage Rivers Initiative, a ma- than one half of its population would qualify sponsibility as family leaders of moral neuver by the Executive Branch to thwart for welfare, and 80% do not speak English standards, thus producing families with high the powers reserved to Congress regarding and are resistant to learning English; yet as moral standards and conscientious citizens; regulation of navigable waters, to curb juris- a state, Puerto Rico would have two Sen- diction of states over land use planning as therefore, be it ators and probably six Representatives, the Resolved, That the National Society well as to restrict water rights, local zoning latter to be taken from the 50 States since and individual property rights. Daughters of the American Revolution the House of Representatives is capped at 435 proudly proclaim its motto ‘‘God, Home and NATIONAL ID—ALL PERSONAL DATA members; and Country’’ as an example to the nation. Whereas, The Fourth Amendment to the Whereas, The reason given for statehood Constitution grants ‘‘The Rights of the peo- by a number of prominent Americans of His- MILITARY STRENGTH ple to be secure in their person, house, and panic descent is that Puerto Rico’s present Whereas, In the last five years the govern- effects’’; and most losses of their individual commonwealth status does not meet the ment has downsized United States military freedoms have come as a result of govern- United Nations’ criteria for ending colonial- forces by 40%, thus not only calling into mental programs ‘‘to assist and make safe’’ ism; therefore, be it question our ability to handle two conflicts all of which are seemingly benign when Resolved, That the National Society in different parts of the world simulta- taken individually; Daughters of the American Revolution op- neously, a stated military goal, but also en- Whereas, Massive numbers of regulations pose making Puerto Rico the 51st state dangering our status as the preeminent mili- and laws and a national ID enforced by a which, with more than one half of its popu- tary power in the world; powerful bureaucracy, are characteristic of lation qualifying for welfare, would create a Whereas, Although this country now has communism, fascism, and totalitarianism severe financial drain on taxpayers, would no defense against ballistic missiles, and al- and, proposed legislation on encryption receive Congressional representation at the though the proliferation of nuclear, chemi- would necessitate giving a third party ‘‘the expense of other states, and would lead to so- cal, and biological weapons and missile tech- ability to read all E-mail, listen to telephone cial polarization, not assimilation, consider- nology is increasing around the world to an calls and read computer files’’, precluding ing its different language and culture which alarming degree among nations of doubtful privacy from government agencies; and its leaders have declared will be maintained. friendliness, our government, citing the con- Whereas, Data consolidation into a na- straints of the 1972 Anti-Ballistic Missile tional identification card is an approaching FAST TRACK TRADE AUTHORITY Treaty with the former Soviet Union, is op- eventuality with the implementation of the Whereas, Article I, Section 8, of the United posed to a space based missile defense sys- military MARC card, the Employment Au- States Constitution gives to Congress the tem, the most economical and efficient kind thorization Reader Card, bar coding, Social power ‘‘to regulate commerce with foreign of middle defense; and Security Card, Governmental Employment nations and among the several states’’, and Whereas, The administration has just re- Card, biometric ID, and compilation of edu- the Framers of the Constitution, after exten- leased to China our most advanced missile cation, legal, family and health history; sive debate, relegated this power to Congress technology even though China threatened therefore, be it as a check and balance on the President’s au- the United States with a missile strike on Resolved, That the National Society thority to make treaties and conduct foreign Los Angeles at the height of the Taiwan cri- Daughters of the American Revolution must policy; sis, is arming rogue nations world wide, and continue to remain vigilant in regard to the Whereas, The North Atlantic Fair Trade its military strategist have written a book encroachment on our constitutionally guar- Act (NAFTA) set a precedent when it passed on how to win the coming war with the anteed liberties and freedoms, and oppose Congress by using a ‘‘fast track’’ procedure United States; therefore, be it further increasingly invasive expansion of not found in the Constitution, and the Presi- Resolved, That the National Society government into our daily lives and oppose dent of the United States is now requesting Daughters of the American Revolution rec- data consolidation into a national identifica- extension of ‘‘fast track’’ authority to pass ommend the following steps by the United tion card. multinational trade agreements; and States Government for the safety of the na- Whereas, ‘‘Fast track’’ authority will re- tion: 1 The Mississippi River watershed area drains over strict Congressional input to twenty hours of 1. Rebuild the nation’s armed forces so 40% of the United States. debate, and will limit the Congressional vote that there can be no doubt that the United E874 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 1998 States is the preeminate military power in pose the granting of Most Favored Nation citizenry as intended by the Founding Fa- the world and able to handle two conflicts si- trading status, the leasing of the Long Beach thers. multaneously in different parts of the globe, naval base or any other American port facil- 3. UNITED STATES PATENT RIGHTS a stated military goal, ity, any joint military training exercises and 2. Stop any further high technology trans- the sale of military technology or hardware (1997) fers to China, to communist China. Resolved, That the National Society 3. Cancel the 1972 Anti-ballistic Missile 2. RESTORE CONSTITUTIONAL GOVERN- Daughters of the American Revolution Treaty with the former Soviet Union and its MENT (1997) stands opposed to the restructuring of the constraints on missile defense, and Resolved, That the National Society United States Patent and Trademark Office 4. Fund the manufacture and deployment Daughters of the American Revolution sup- and to laws and international agreements of a space based Anti-Ballistic Missile De- ports enumerated powers legislation which fense System for the protection of the Amer- would require Congress to cite constitutional that encroach on United States patent and ican homeland. authority for all legislation, and further sup- trademark laws and Constitutional rights to REAFFIRMATIONS ports efforts to abolish the use of unbridled ‘‘writings and discoveries’’ which rob inven- 1. C H I N A SPELLS TROUBLE (1997) Executive Orders, restore Constitutional bal- tors/writers/designers of their creative en- Resolved, That the National Society ance with strict limitation of Presidential deavors and allow worldwide use of their ef- Daughters of the American Revolution op- power, thereby preserving the rights of the forts. Thursday, May 14, 1998 Daily Digest

HIGHLIGHTS The House passed H.R. 2431, Freedom From Religious Persecution Act of 1998. House Committees ordered reported 7 sundry measures. Senate for such fiscal year for the Armed Forces, taking ac- Chamber Action tion on amendments proposed thereto, as follows: Routine Proceedings, pages S4845-S4926 Pages S4850±83 Measures Introduced: Seven bills and one resolu- Adopted: tion were introduced, as follows: S. 2079–2085 and Thurmond/Levin Amendment No. 2399, to in- S. Con. Res. 96. Page S4906 crease the amount for classified programs, and to off- Measures Reported: Reports were made as follows: set the increase by reducing the amount for Air Force procurement for the Advance Medium Air-to- S. 1415, to reform and restructure the processes Air Missile System program, and the amount for De- by which tobacco products are manufactured, mar- fense-wide research, development, test, and evalua- keted, and distributed, to prevent the use of tobacco tion for engineering and manufacturing development products by minors, to redress the adverse health ef- under the Theater High Area Defense program. fects of tobacco use, and for other purposes, with amendments. Pages S4853±54 Hutchinson/Abraham Amendment No. 2387, re- Special Report entitled ‘‘Allocation to Subcommit- lating to commercial activities in the United States tees of Budget Totals for the Concurrent Resolution of the People’s Liberation Army and other Com- for the Fiscal Year 1999’’. (S. Rept. No. 105–191) munist Chinese military companies. (By 24 yeas to Page S4906 76 nays (Vote No. 136), Senate earlier failed to table Measures Passed: the amendment.) Pages S4864±71, S4876, S4879±80 WIPO Copyright Treaty Implementation: By a Thomas Amendment No. 2401 (to Amendment unanimous vote of 99 yeas (Vote No. 137), Senate No. 2387), to strike the findings provisions. passed S. 2037, to amend title 17, United States Pages S4871, S4880 Code, to implement the WIPO Copyright Treaty Hutchinson/Abraham Modified Amendment No. and the WIPO Performances and Phonograms Trea- 2388, relating to the use of forced labor in the Peo- ty, and to provide limitations on copyright liability ple’s Republic of China. Pages S4871±75 relating to material online, after agreeing to the fol- Harkin Amendment No. 2402 (to Amendment lowing amendment proposed thereto: No. 2388), to increase monitoring of imported prod- Pages S4884±S4900 ucts made with forced or indentured labor and Hatch Amendment No. 2411, to make technical forced or indentured child labor. (The amendment corrections. Page S4885 was incorporated into the modification of Amend- Department of Defense Authorizations: Senate ment No. 2388.) Pages S4873±75 resumed consideration of S. 2057, to authorize ap- McCain/Levin Amendment No. 2410, to provide propriations for fiscal year 1999 for military activi- eligibility for hardship duty pay on the basis of the ties of the Department of Defense, for military con- nature of the duty performed instead of the location struction, and for defense activities of the Depart- of the duty, and to repeal an exception. ment of Energy, and to prescribe personnel strengths Pages S4882±83

D507 D508 CONGRESSIONAL RECORD — DAILY DIGEST May 14, 1998 Pending: Sue Bailey, of Maryland, to be an Assistant Sec- Feinstein Amendment No. 2405, to express the retary of Defense. Pages S4925, S4926 sense of the Senate regarding the Indian nuclear Messages From the House: Page S4902 tests. Page S4877 Brownback Amendment No. 2407 (to Amend- Measures Referred: Page S4902 ment No. 2405), to repeal a restriction on the provi- Petitions: Pages S4902±06 sion of certain assistance and other transfers to Paki- Executive Reports of Committees: Page S4906 stan. Page S4879 Statements on Introduced Bills: Pages S4906±16 Universal Tobacco Settlement Act: A motion was entered to close further debate on the motion to pro- Additional Cosponsors: Pages S4916±17 ceed to consideration of S. 1415, to reform and re- Amendments Submitted: Pages S4917±21 structure the processes by which tobacco products Notices of Hearings: Page S4921 are manufactured, marketed, and distributed, to pre- vent the use of tobacco products by minors, and to Authority for Committees: Pages S4921±22 redress the adverse health effects of tobacco use and, Additional Statements: Pages S4922±25 in accordance with the provisions of Rule XXII of Record Votes: Two record votes were taken today. the Standing Rules of the Senate, a vote on the clo- (Total—137) Pages S4879±80, S4894 ture motion will occur on Monday, May 18, 1998. Page S4883 Adjournment: Senate adjourned for 1 minute dur- ing today’s proceedings, thus changing the legisla- American Competitiveness Act—Agreement: A tive day. Page S4883 unanimous-consent agreement was reached providing for the consideration of S. 1723, to amend the Im- Adjournment: Senate convened at 9:30 a.m., and migration and Nationality Act to assist the United adjourned at 6:41 p.m., until 9:30 a.m., on Friday, States to remain competitive by increasing the access May 15, 1998. (For Senate’s program, see the re- of the United States firms and institutions of higher marks of the Acting Majority Leader in today’s education to skilled personnel and by expanding Record on page S4925–26.) educational and training opportunities for American students and workers, on Monday, May 18, 1998. Committee Meetings Page S4925 (Committees not listed did not meet) Appointments: National Skill Standards Board: The Chair, on YEAR 2000 COMPLIANCE behalf of the President pro tempore and upon the Committee on Agriculture, Nutrition, and Forestry: Com- recommendation of the Majority Leader, pursuant to mittee held hearings to examine the Department of P.L. 103–227, appointed the following individuals Agriculture information technology systems to en- to the National Skill Standards Board: Jon A. sure compliance with Year 2000 deadline, receiving Reeves, of Mississippi, Ronald K. Robinson, of Mis- testimony from Marsha Pyle Martin, Chairman and sissippi, and Earline N. Ashley, of Mississippi. Chief Executive Officer, Farm Credit Administration; Page S4925 Brooksley Born, Chairperson, Commodity Futures North Atlantic Assembly: The Chair, on behalf of Trading Commission; Anne F. Thomson Reed, Chief the Vice President, in accordance with 22 U.S.C. Information Officer, Department of Agriculture; Joel 1928a–1928d, as amended, appointed Senator C. Willemssen, Director, Civil Agencies Information Hutchinson as a member of the Senate Delegation to Systems, Accounting and Information Management the North Atlantic Assembly during the Second Ses- Division, General Accounting Office; Peter de Jager, sion of the 105th Congress, to be held in Barcelona, de Jager and Company, Ltd., Toronto, Canada; and Irene Dec, Prudential Insurance Company of Amer- Spain, May 22–27, 1998. Page S4925 ica, Roseland, New Jersey. Nominations Confirmed: Senate confirmed the fol- Hearings were recessed subject to call. lowing nominations: Paul J. Hoeper, of California, to be an Assistant SUBCOMMITTEE ALLOCATIONS Secretary of the Army. Committee on Appropriations: Committee completed its William P. Dimitrouleas, of Florida, to be United review of subcommittee 302(b) allocations of budget States District Judge for the Southern District of outlays and new budget authority allocated to the Florida. committee in S. Con. Res. 86, setting forth the con- Stephan P. Mickle, of Florida, to be United States gressional budget for the United States Government District Judge for the Northern District of Florida. for fiscal years 1999, 2000, 2001, 2002, and 2003. May 14, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D509 ERISA Salt Lake City; and Victor S. Perlman, American So- Committee on Appropriations: Subcommittee on Labor, ciety of Media Photographers, Princeton Junction, Health and Human Services, and Education and Re- New Jersey. lated Agencies concluded hearings to examine the Employee Retirement Income Security Act (ERISA) BUSINESS MEETING preemption, focusing on remedies for denied or de- Committee on Finance: Committee ordered favorably layed health claims, after receiving testimony from reported S. 1415, to reform and restructure the proc- Olena Berg, Assistant Secretary of Labor for Pension esses by which tobacco products are manufactured, and Welfare Benefits; Evan Miller, Hogan & marketed, and distributed, to prevent the use of to- Hartson, on behalf of the Association of Private Pen- bacco products by minors, and to redress the adverse sion, and Ronald F. Pollack, Families USA Founda- health effects of tobacco use, with amendments. tion, both of Washington, D.C.; and Mark Smith, AMP Incorporated, Harrisburg, Pennsylvania, on be- CHINA half of the National Association of Manufacturers. Committee on Foreign Relations: Committee held hear- APPROPRIATIONS—BUREAU OF ALCOHOL, ings to examine United States interests at the forth- TOBACCO AND FIREARMS coming U.S.-China summit to be held in June, re- Committee on Appropriations: Subcommittee on Treas- ceiving testimony from Stanley O. Roth, Assistant ury and General Government concluded hearings on Secretary of State for East Asian and Pacific Affairs; proposed budget estimates for fiscal year 1999 for Robert Kagan, Carnegie Endowment for Inter- the Department of the Treasury, focusing on the Bu- national Peace, Mike Jendrzejczyk, Human Rights reau of Alcohol, Tobacco and Firearms’ Gang Resist- Watch/Asia Division, and Robert A. Kapp, United ance, Education and Training program, after receiv- States-China Business Council, all of Washington, ing testimony from John W. Magaw, Director, and D.C.; and Arthur Waldron, University of Pennsyl- Gale Rossides, Assistant Director for Training and vania, Philadelphia. Professional Development, both of the Bureau of Hearings were recessed subject to call. ATF, Department of the Treasury; Edward N. Kondracki, La Crosse Police Department, La Crosse, IRAN Wisconsin; Cuyler Windham, Cumberland County Committee on Foreign Relations: Subcommittee on Near Police Department, Fayetteville, North Carolina; and Eastern and South Asian Affairs concluded hearings numerous public witnesses. to examine United States policy toward Iran, after NATIONAL PARK SYSTEM receiving testimony from Martin S. Indyk, Assistant Secretary of State for Near Eastern Affairs; Richard Committee on Energy and Natural Resources: Sub- W. Murphy, Council on Foreign Relations, New committee on National Parks, Historic Preservation, York, New York; and Michael Eisenstadt, Washing- and Recreation concluded hearings on S. 1693, to ton Institute for Near East Policy, and Steven Emer- improve state-of-the-art protection and interpretation son, both of Washington, D.C. to NPS sources, focusing on Title IX, Commercial Filming in National Parks, and Title X, Capital Im- SAFETY OF FOOD IMPORTS provement Project Bond Demonstration Program, and S. 1614, to require a permit for the making of Committee on Governmental Affairs: Permanent Sub- a motion picture, television program, or other forms committee on Investigations held hearings to exam- of commercial visual depiction in a unit of the Na- ine the adequacy of procedures and systems used by tional Park System or National Wildlife Refuge Sys- the Department of Agriculture Food Safety and In- tem, after receiving testimony from Representative spection Service and the Department of Health and Hefley; Destry Jarvis, Assistant Director for External Human Services Food and Drug Administration to Affairs, National Park Service, Department of the In- oversee the safety of food imported into the United terior; Albert C. Eisenberg, National Parks and Con- States, receiving testimony from Robert E. Robert- servation Association, Jack Valenti, Motion Picture son, Associate Director, Food and Agriculture Issues, Association of America, Jeff Perlman, American Ad- Resources, Community, and Economic Development vertising Federation, and Daniel L. Jaffe, Association Division, General Accounting Office; Reggie Jang, of National Advertisers, Inc., all of Washington, San Francisco, California, former Consumer Safety D.C.; Matthew Miller, Association of Independent Inspector, Food and Drug Administration, Depart- Commercial Producers, Inc., and Alfred R. Califano, ment of Health and Human Resources; and Mary OneSuch Films, both of New York, New York; Ellen Camire, University of Maine, Orono. Leigh von der Esch, State of Utah Film Commission, Hearings were recessed subject to call. D510 CONGRESSIONAL RECORD — DAILY DIGEST May 14, 1998 NOMINATIONS NOMINATION Committee on the Judiciary: Committee concluded Committee on Small Business: Committee ordered favor- hearings on the nominations of Rosemary S. Pooler ably reported the nomination of Fred P. Hochberg, and Robert D. Sack, both of New York, each to be of New York, to be Deputy Administrator of the United States Circuit Judge for the Second Circuit, Small Business Administration. Victoria A. Roberts, to be United States District Prior to this action, committee concluded hearings Judge for the Eastern District of Michigan, Richard on the nomination of Mr. Hochberg, after the nomi- W. Roberts, to be United States District Judge for nee testified and answered questions in his own be- the District of Columbia, and Ronnie L. White, to half. Testimony was also received on the nominee be United States District Judge for the Eastern Dis- from Senator D’Amato; Representative Forbes; and trict of Missouri, after the nominees testified and an- Ada Alvarez, Administrator, Small Business Admin- swered questions in their own behalf. Ms. Roberts istration. was introduced by Senators Levin and Abraham and INTELLIGENCE Representative Upton, Mr. Roberts was introduced Select Committee on Intelligence: Committee held closed by District of Columbia Delegate Norton, and Mr. hearings on intelligence matters, receiving testimony White was introduced by Senator Bond and Rep- from officials of the intelligence community. resentative Clay. Committee recessed subject to call. h House of Representatives privileges of the House did constitute a question of Chamber Action privilege and was in order. Pages H3260±61 Bills Introduced: 25 public bills, H.R. 3865–3889; Subsequently, agreed to the Armey motion to and 9 resolutions, H.J. Res. 119, H. Con. Res. 277, table the resolution by a recorded vote of 223 ayes and H. Res. 431–434 and 437–439, were intro- to 196 noes, Roll No. 153. Page H3261 duced. Pages H3311±12 Freedom From Religious Persecution Act of Reports Filed: Reports were filed as follows: 1998: The House passed H.R. 2431, to establish an H. Res. 435, providing for consideration of H.R. Office of Religious Persecution Monitoring, to pro- 3616, to authorize appropriations for fiscal year 1999 vide for the imposition of sanctions against countries for military activities of the Department of Defense, engaged in a pattern of religious persecution by yea to prescribe military personnel strengths for fiscal and nay vote of 375 yeas to 41 nays with 1 voting year 1999 (H. Doc. 105–535); and ‘‘present’’, Roll No. 155. Pages H3271±94 H. Res. 436, providing for consideration of H. Agreed To: Res. 432, Expressing the Sense of the House of Rep- The Brady amendment that establishes provisions resentatives Concerning the President’s Assertion of to promote religious freedom including an internet Executive Privilege and providing for consideration site, training for foreign service officers, equal access of H. Res. 437, Calling Upon the President of the to U.S. missions abroad for conducting religious ac- United States to Urge Full Cooperation By His tivities, international broadcasting and exchanges; Former Political Appointees and Friends and their and foreign service awards for promotion of inter- Associates with Congressional Investigations (H. nationally recognized human rights; creates a five Doc. 105–536). Pages H3310±11 member commission on international religious perse- Speaker Pro Tempore: Read a letter from the cution composed of a Director, two Senators and two Speaker wherein he designated Representative Ney Members of the House of Representatives; and pro- to act as Speaker pro tempore for today. Page H3259 vides limited contract sanctity for transactions in- volving the Trade and Development Agency or the Motion To Adjourn: Rejected the Serrano motion Export Import Bank; Pages H3288±90 to adjourn by a yea and nay vote of 15 yeas to 379 The Hastings of Florida amendment that permits nays, with 1 voting ‘‘present’’, Roll No. 152. the Director of the Office of Religious Persecution Pages H3259±69 Monitoring, in consultation with the Secretary of Question of Privilege of the House: The Chair State to make policy recommendations to the Presi- ruled that H. Res. 431, relating to a question of the dent to promote and develop legal protections and May 14, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D511 cultural respect for religious freedom; and requires Adjournment: Met at 10:00 a.m. and adjourned at the Director to assist the Secretary of State in estab- 4:40 p.m. lishing an award program for foreign service officers who provide meritorious service in the promotion of Committee Meetings human rights including the right to religious free- dom (agreed to by yea and nay vote of 415 yeas to MISCELLANEOUS MEASURES 3 nays, Roll No. 154); and Pages H3290±92 Committee on Commerce: Ordered reported the follow- The Campbell amendment that permits the Presi- ing measures: H. Con. Res. 171, declaring the me- dent to waive sanctions against Sudan if the Presi- morial service sponsored by the National Emergency dent determines that national security interests jus- Medical Services (EMS) Memorial Service Board of tify a waiver and notifies specified Senate and House Directors to honor emergency medical services per- of Representatives committees in writing of his in- sonnel to be the ‘‘National Emergency Medical Serv- tention to waive any sanction. Pages H3292±93 ices Memorial Service’’; H.R. 2202, amended, Na- H. Res. 430, the rule that provided for consider- tional Bone Marrow Registry Reauthorization Act of ation of the bill was agreed to by a voice vote. Pur- 1998; and H.R. 3849, amended, Internet Tax Free- suant to the rule, an amendment in the nature of a dom Act. substitute consisting of the text of H.R. 3806, CHINA TRADE POLICY modified by the amendments printed in part 1 of H. Rept. 105–534, the report accompanying the rule, Committee on Commerce: Subcommittee on Tele- was considered as an original bill for the purpose of communications, Trade, and Consumer Protection amendment. Pages H3263±71 held a hearing on China Trade Policy. Testimony was heard from Ambassador David Aaron, Under Committee Election: the House agreed to H. Res. Secretary, International Trade, Department of Com- 434, electing the Delegate of the Virgin Islands, the merce; and public witnesses. Honorable Christian-Green to the Committee on Small Business. Page H3294 MISCELLANEOUS MEASURES Legislative Program: The Majority Leader an- Committee on Education and the Workforce: Subcommit- nounced the legislative program for the week of May tee on Workforce Protections approved for full Com- 18. Pages H3294±95 mittee action the following bills: H.R. 2869, to amend the Occupational Safety and Health Act of Meeting Hour—Monday, May 18: Agreed that 1970 to exempt safety and health assessments, au- when the House adjourns today, it adjourn to meet dits, and reviews conducted by or for an employer at noon on Monday, May 18. Page H3295 from enforcement action under such Act; H.R. 2873, Meeting Hour—Tuesday, May 19: Agreed that amended, to amend the Occupational Safety and when the House adjourns on Monday, it adjourn to Health Act of 1970; H.R. 2661, amended, Sound meet at 10:30 a.m. on Tuesday, May 19, for Morn- Scientific Practices Act; and H.R. 3725, amended, ing Hour debate. Page H3295 Postal Service Health and Safety Promotion Act. Calendar Wednesday: Agreed that the business in GULF WAR VETERANS’ ILLNESSES order under the Calendar Wednesday rule be dis- Committee on Government Reform and Oversight: Sub- pensed with on Wednesday, May 20. Page H3295 committee on Human Resources held a hearing on Resignations—Appointments: Agreed that not- the Status of Efforts to Identify Gulf War Veterans’ withstanding any adjournment of the House until Illnesses: Tumor Data. Testimony was heard from Monday, May 18, the Speaker, Majority Leader, and Kwai Chan, Director, Special Studies and Evaluation Minority Leader be authorized to accept resignations Group, GAO; Susan Mather, M.D., Chief, Public and to make appointments authorized by law or by Health and Environmental Hazards Officer, Depart- the House. Page H3295 ment of Veterans Affairs; Gary Christopherson, Act- Senate Messages: Message received today from the ing Assistant Secretary (Health Affairs), Department Senate appears on page H3259. of Defense; Richard Miller, M.D., Director, Medical Amendments: Amendments ordered printed pursu- Follow-Up Agency, Institute of Medicine/National ant to the rule appear on pages H3312–55. Academy of Sciences; and public witnesses. Quorum Calls—Votes: Two yea and nay votes and MISCELLANEOUS MEASURES two recorded votes developed during the proceedings Committee on International Relations: Subcommittee on of the House today and appear on pages H3259–60, Asia and the Pacific approved for full Committee ac- H3261, H3291–92, and H3294. There were no tion the following resolutions: H. Res. 392, relating quorum calls. to the importance of Japanese-American relations D512 CONGRESSIONAL RECORD — DAILY DIGEST May 14, 1998 and the urgent need for Japan to more effectively ad- OVERSIGHT—ROCKY MOUNTAIN WEST— dress its economic and financial problems and open FOREST HEALTH its markets by eliminating informal barriers to trade Committee on Resources: Subcommittee on Forests and and investment, thereby making a more effective Forest Health held an oversight hearing on Forest contribution to leading the Asian region out of its Health in the Rocky Mountain West. Testimony was current financial crisis, insuring against a global re- heard from Lyle Laverty, Regional Forester, Rocky cession, and reinforcing regional stability and secu- Mountain Region, Forest Service, USDA; and public rity; and H. Res. 404, commemorating 100 years of witnesses. relations between the people of the United States and the people of the Philippines. NATIONAL DEFENSE AUTHORIZATION ACT BANKRUPTCY REFORM ACT; RELIGIOUS LIBERTY AND CHARITABLE DONATION Committee on Rules: Granted, by voice vote, a rule PROTECTION ACT providing 1 hour of debate on H.R. 3616, National Defense Authorization Act for Fiscal Year 1999. The Committee on the Judiciary: Ordered reported the fol- rule waives all points of order against the bill. Fi- lowing bills: H.R. 3150, amended, Bankruptcy Re- nally, the rule provides that there shall be no further form Act of 1998; and H.R. 2604, Religious Liberty consideration of the measure except by subsequent and Charitable Donation Protection Act of 1997. order of the House. Testimony was heard from Chairman Spence and Representative Skelton. OVERSIGHT—PUBLIC SAFETY OFFICERS VALOR—CONGRESSIONAL RECOGNITION SENSE OF THE HOUSE RESOLUTION Committee on the Judiciary: Subcommittee on Crime CONCERNING EXECUTIVE PRIVILEGE; held an oversight hearing on Congressional Recogni- COOPERATION WITH CONGRESSIONAL tion for Acts of Exceptional Valor by Public Safety INVESTIGATIONS Officers. Testimony was heard from Peter E. Bergin, Committee on Rules: Granted by a vote of 7 to 1, a Acting, Principal Deputy Assistant Secretary and Di- rule providing for consideration of H. Res. 432, ex- rector, Diplomatic Security Service, Department of pressing the sense of the House of Representatives State; Donnie R. Marshall, Acting Deputy Adminis- concerning the President’s assertions of executive trator, DEA, Department of Justice; and public wit- privilege, in the House with 1 hour of debate equal- nesses. ly divided and controlled by the Majority Leader or his designee and an opponent. The rule provides that OVERSIGHT—OUTER CONTINENTAL SHELF the resolution shall be considered as read. The rule OIL AND GAS LEASING provides that the previous question shall be consid- Committee on Resources: Subcommittee on Energy and ered as ordered on the resolution to final adoption Mineral Resources held an oversight hearing on without intervening motion. Outer Continental Shelf Oil and Gas Leasing. Testi- The rule provides for consideration of H. Res. mony was heard from Senator Boxer; Representatives 433, calling upon the President of the United States Jones, Pallone, Cunningham, Capps, Lampson, Reg- to urge full cooperation by his former political ap- ula, Scarborough, Goss and Taylor of Mississippi; pointees and friends and their associates with con- and Cynthia Quarterman, Director, Minerals Man- gressional investigations, in the House with one hour agement Service, Department of the Interior. of debate equally divided and controlled by the Ma- jority Leader and an opponent. The rule provides DISABLED SPORTSMEN’S ACCESS ACT that the resolution be considered as read. Finally, the Committee on Resources: Subcommittee on Fisheries rule provides that the previous question shall be con- Conservation, Wildlife and Oceans held a hearing on sidered as ordered on the resolution to final adoption H.R. 2760, Disabled Sportsmen’s Access Act. Testi- without intervening motion. mony was heard from Representatives Cunningham, Peterson of Minnesota, Chambliss and Kelly; the fol- COMMUNICATING SCIENCE AND lowing officials of the Department of Defense: Sherri ENGINEERING W. Goodman, Deputy Under Secretary, Environ- Committee on Science: Held an oversight hearing on mental Security; and Lt. Col. A. Lewis Deal, USMC, Communicating Science and Engineering in a Executive Officer, Weapons Training Battalion, Sound-Bite World. Testimony was heard from public Quantico Marine Corps Base; and public witnesses. witnesses. May 14, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D513 OVERSIGHT—MILLENNIUM SHORT on Criminal Liability for Oil Pollution. Testimony CIRCUIT was heard from Capt. Malcolm Williams, USCG, Committee on Science: Subcommittee on Technology Chief, Office of Maritime and International Law, De- and the Subcommittee on Management, Information, partment of Transportation; and public witnesses. and Technology of the Committee on Government Reform and Oversight held a joint oversight hearing VA MEDICAL CENTER—ALLEGED DEATH on Millennium Short Circuit: The Y2K Effect on COVERUPS Energy Utilities. Testimony was heard from Hugh L. Committee on Veterans’ Affairs: Subcommittee on Over- Thompson, Jr., Deputy Executive Director, Regu- sight and Investigations held a hearing on the GAO latory Programs, NRC; Kathleen M. Hirning, Chief report of the Inspector General investigation of an Information Officer, Federal Energy Regulatory alleged cover-up of deaths at the Columbia, Missouri Commission, Department of Energy; and public wit- VA Medical Center in 1992, and an examination of nesses. VA’s development of a quality assurance/risk man- DRUG-FREE WORK PLACES agement reporting system. Testimony was heard from Representative Hulshof; Eljay B. Bowron, As- Committee on Small Business: Subcommittee on Em- sistant Comptroller General, Special Investigations, powerment held a hearing on how to best obtain Office of Special Investigations, GAO; and the fol- drug-free work places. Testimony was heard from lowing officials of the Department of Veterans Af- Representative Portman; and public witnesses. fairs: Richard J. Griffin, Inspector General; and AVIATION SECURITY EFFORTS Thomas L. Garthwaite, M.D., Deputy Under Sec- Committee on Transportation and Infrastructure: Sub- retary, Veterans Health Administration. committee on Aviation held a hearing on the Status of Aviation Security efforts with a focus on the Na- MISCELLANEOUS MEASURES tional Safe Skies Alliance and Passenger Profiling Committee on Ways and Means: Ordered reported Criteria. Testimony was heard from Keith O. Fultz, amended the following bills: H.R. 3828, Veterans Assistant Comptroller General, Resources, Commu- Medicare Access Improvement Act of 1998; and nity and Economic Development Division, GAO; the H.R. 3809, Drug Free Borders Act of 1998. following officials of the Department of Transpor- f tation: Alexis M. Stefani, Deputy Assistant Inspector General, Aviation; and Adm. Cathal L. Flynn, Asso- COMMITTEE MEETINGS FOR FRIDAY, ciate Administrator, Civil Aviation Security, FAA; James E. Orlando, Advisor to the Aviation Mail Se- MAY 15, 1998 curity Committee, U.S. Postal Service; and public Senate witnesses. No committee meetings are scheduled. OIL POLLUTION—CRIMINAL LIABILITY Committee on Transportation: Subcommittee on Coast House Guard and Maritime Transportation held a hearing No committee meetings are scheduled. D514 CONGRESSIONAL RECORD — DAILY DIGEST May 14, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 15 12 noon, Monday, May 18

Senate Chamber House Chamber Program for Friday: No legislative business is sched- Program for Monday: House will meet in pro forma uled. session.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E858 Pascrell, Bill, Jr., N.J., E869 Gutierrez, Luis V., Ill., E862 Portman, Rob, Ohio, E869 Aderholt, Robert B., Ala., E868 Hilliard, Earl F., Ala., E864 Quinn, Jack, N.Y., E862, E863, E865, E869 Baesler, Scotty, Ky., E860 Hoyer, Steny H., Md., E867 Radanovich, George P., Calif., E863, E865 Blumenauer, Earl, Ore., E866 Kind, Ron, Wisc., E857 Rivers, Lynn N., Mich., E859 Burton, Dan, Ind., E865 Lantos, Tom, Calif., E870 Roemer, Tim, Ind., E864 Castle, Michael N., Del., E867 LaTourette, Steve C., Ohio, E871 Roukema, Marge, N.J., E871 Collins, Mac, Ga., E868 Levin, Sander M., Mich., E863, E865 Schaffer, Bob, Colo., E861, E864 Cubin, Barbara, Wyo., E860 Lewis, Jerry, Calif., E868 Shuster, Bud, Pa., E857 Davis, Thomas M., Va., E859 Livingston, Bob, La., E871 Skeen, Joe, N.M., E870 DeLay, Tom, Tex., E860 Lowey, Nita M., N.Y., E858 Smith, Lamar S., Tex., E858 Dunn, Jennifer, Wash., E859 Martinez, Matthew G., Calif., E860 Thomas, William M., Calif., E864 Fox, Jon D., Pa., E866 Myrick, Sue, N.C., E863 Underwood, Robert A., Guam, E869 Frelinghuysen, Rodney P., N.J., E867 Nussle, Jim, Iowa, E862 Upton, Fred, Mich., E857 Furse, Elizabeth, Ore., E858 Ortiz, Solomon P., Tex., E869 Watts, J.C., Jr., Okla., E861

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