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

Vol. 142 WASHINGTON, TUESDAY, MARCH 5, 1996 No. 28 House of Representatives

The House met at 9:30 a.m. and was subdue the freedom to exercise new is to bring about for the first time an called to order by the Speaker pro tem- ideas and innovative ways to bring new opportunity for judicial review. That pore [Mr. REGULA]. products and new services to the mar- is, a small business or entity or indi- f ketplace. So, as part of the Contract vidual who is adversely impacted by a With America, the House endeavored regulation that says you must do this. DESIGNATION OF SPEAKER PRO very early, right at the outset of the Many times the regulation has taken TEMPORE new legislative year in 1995, to bring on the form of an edict, a mandate, an The SPEAKER pro tempore laid be- about hearings and examination of the unappealable fiat, as it were. fore the House the following commu- issues involved. As a result we are now What now we provide for is judicial nication from the Speaker: poised here in this week of legislative review. So if in the final analysis, after WASHINGTON, DC, action to put the final touches on some this joint venture of trying to create a March 5, 1996. of these relief measures for our small regulation that everyone can live with, I hereby designate the Honorable RALPH business. if everything else fails, we also give to REGULA to act as Speaker pro tempore on Some of the important features that the disaffected regulatee, if there be this day. we have taken into the regulation re- such a word, the option to appeal to NEWT GINGRICH, form arena are, No. 1, we have have a judicial review of that situa- Speaker of the House of Representatives. strengthened the hand of counsel for tion. f the Small Business Administration Now, this is important, of course, in MORNING BUSINESS who before had a role to play, under its own right, just to bring about a new set of rules between the business com- The SPEAKER pro tempore. Pursu- the original act, in advising, so to speak, the small business community munity and the agencies of the Federal ant to the order of the House of May 12, as to the impact of regulations. But Government. But that is not the real 1995, the Chair will now recognize now we strengthen his position by giv- reason, the real emphasis that we Members from lists submitted by the ing him additional powers and more should be placing on what we are ac- majority and minority leaders for flexibility and more actual power to be complishing here. What we are accom- morning hour debates. The Chair will one of the decisionmakers as to the plishing here is creating an additional alternate recognition between the par- final texture of a rule or a regulation atmosphere for the creation of new ties, with each party limited to not to that would affect small business. jobs, for the creation of new business exceed 30 minutes, and each Member We have done other things with re- activity, for the lifting up of the Amer- except the majority and minority lead- spect to the kinds of analyses that ican business community into a new er limited to not to exceed 5 minutes. must be accorded to the public and to and better stance for competitive en- The Chair recognizes the gentleman the small business community by the terprises throughout the world. from Pennsylvania [Mr. GEKAS] for 5 agencies involved so that they will This is the importance of what we minutes. have a better idea and a more involved are about here today and for the re- f undertaking on themselves to deal mainder of this week. When these pro- with the agencies and in a cooperative visions become law, we will have ful- manner bring about the final product filled the Contract With America, that REGULATORY RELIEF FOR SMALL of a regulation. Thus, we would be hav- BUSINESS COMMUNITY portion of which promised to the Amer- ing a rule or regulation offered in ican people that we would unsnarl the Mr. GEKAS. Mr. Speaker, it was 1 which the small business community, number of lassos that are thrown year ago today when during the flurry the one that would be affected, would around our business communities by of activity that accompanied the floor have had a part in creating. That is a the Federal agencies through their reg- action with respect to the Contract new way and a good way to do business ulations and we would loosen them up with America that this Chamber passed in this very important sector of our for the business competition and activ- overwhelmingly several pieces of legis- business activity. ity with which they will lead the lation, all combined to relax the stran- Third, and this, to me, is the most world. glehold that the various agencies have important new feature of what the f had for generations over our small Contract With America and what my business community. committee and the committee chaired WOMEN’S HISTORY These regulations have served over by the gentlewoman from Kansas [Mrs. The SPEAKER pro tempore. Under the years to strangle competition, to MEYERS] has been able to accomplish, the Speaker’s announced policy of May

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

H 1665 H 1666 CONGRESSIONAL RECORD — HOUSE March 5, 1996 12, 1995, the gentlewoman from Colo- that the white folks thought were just States, in particular the President of rado [Mrs. SCHROEDER] is recognized nice little songs. They were really sing- the United States, with a coddling of during morning business for 5 minutes. ing the map to the underground rail- Gerry Adams of the IRA, now that they Mrs. SCHROEDER. Mr. Speaker, I road. Is that not a brilliant, intelligent have broken away from the peace proc- take the floor today to talk about undercover operation? As I say, what a ess and have continued the indiscrimi- March because March is the month of strategist. nate acts of terror. I was almost left National Women’s History week. We Would Lewis and Clark ever have speechless, having to defend the Presi- keep saying, his story. I guess what we found the west coast if a native Amer- dent of the United States in what he are really trying to do in this month is ican woman had not helped them had done in the past and not only in tell her story. I think women’s role in through the forest to get there? the past, but I am now deeply disturbed history has really been left out in so This is not to say women did every- that while in Northern Ireland they many cases. thing. But when you read the history have broken away from the peace proc- We have this great image that the books, they forget to tell us that ess, that the President continues to men in America all came here on these women did anything. I think it is real- coddle Gerry Adams, the leader of the dangerous ships, coming across the ly reflected in the attitude that we Sinn Fein, the political party of the North Atlantic and all that and set- have today about women’s roles. If we IRA, while the citizens in London and tling the great country. Yet women look at America, women are still the the rest of the United Kingdom do not came in cruise ships, sitting around major care giver, every woman I know, know if they can walk down the streets swimming pools getting their nails including myself. Life could be stopped in safety, whether the phone booth will done and their hair done. It is not quite tomorrow if someone in the family gets explode, whether they can ride on a true. critically ill because we have given city bus. And I can understand why Women were there shoulder to shoul- women absolutely very little help with they ask, what are you doing in the der, came to this great country and any kind of those care giver roles. United States. said, we didn’t come here to walk in They are the ones that is to rush with My only response is that for some front of you or behind you but along- the family’s safety net whenever some- reason this one does not resonate with side in building this Nation. I think it one is in trouble, be they young, be the American people like it should. For is important to remind ourselves that they old, be they sick. so long we have been insulated from in- I think it is time that we do not do early on many of our forefathers got it discriminate acts of terror, yet we had gender wars but we just treat each right. George Washington, had every- the explosion in the World Trade Cen- other as brothers and sisters and figure body followed him, I think, we would ter. We had the experience of Okla- out how we are going to get on with be in great shipshape. George Washing- homa City bombing. And how it moved this great country. How do we respect ton insisted that the women in the everyone in this Nation that someone Revolutionary Army be paid equally. that? There is tremendous value to care giver roles. We should be trying to could actually commit a cowardly act Most people did not even know there of terror, such as the Oklahoma City were women in the Revolutionary help women who are not only doing their care giver roles but are often bombing of the Federal building. Yet Army but, yes, there were. And there when trying to relate this to what are women who were Revolutionary forced out of the home to work because of this deplorable economy. It only Gerry Adams and others in the IRA are soldiers buried at West Point. How doing in London, for some reason it come they forgot to tell us that? generates more and more stress that gets reflected in the family and every does not resonate. You see how would George Washington also did something we feel if the President of the United very interesting. We think of Martha other way. So I would hope that during this States had coddled those involved with Washington as one who sat home and month of Women’s History Week more the Oklahoma City bombing at the waited for George. Martha was not that and more people would sit down and White House prior to the Oklahoma way at all. She ran a very sophisti- find out what her story really was and City bombing, how would we feel in cated plantation. The minute the crops really realize we did not come on cruise this country? were in during all 3 years of the Revo- ships. We did a lot to help build this b lutionary War, Martha Washington 0945 Nation, too. We should start taking picked up everything she had and We probably would be having im- that into account as we plan our legis- moved to winter camp. peachment proceedings right now. Now lative strategy, as we do every other So she was there in Valley Forge. what we have is the President, who such thing. Because this is the way She was in New Jersey, and she was in now exempts them from the terrorist that the country will continue to be New York where the military was en- list, permits fundraising to occur in great. camped those three terrible winters. this country, and the President now, The reason we know that is after the f even though they have broken away war was won and this great Republic SITUATION IN UNITED KINGDOM from the peace process, says, OK, and began to come together, George Wash- The SPEAKER pro tempore. Under we will grant this visa to Gerry Adams ington insisted that the Congress pay the Speaker’s announced policy of May to come to the United States. Some- her for having been there and held the 12, 1995, the gentleman from Indiana thing is not right here. This is a dis- morale and the troops together winter [Mr. BUYER] is recognized during morn- connect. How can that happen? after winter. ing business for 5 minutes. So I want to share to my colleagues, Is it not interesting they did the Mr. BUYER. Mr. Speaker, I come to if you are going to travel the United painting of George Washington shiver- the well today to share an insight with Kingdom, be prepared to answer that ing at Valley Forge but they forgot to my colleagues. About 10 days ago I was tough question, what are you doing in put Martha in it. If you look at women in London, the United Kingdom, actu- the United States coddling Gerry of all different colors and backgrounds, ally there by invitation of the Royal Adams and the Sinn Fein Party while they from the very beginning did inno- British Legion to discuss the gulf war indiscriminate acts of terror are occur- vative and wonderful things that held illness issues to coordinate our re- ring? this country together. Harriet Tubman search efforts between the two coun- You know we are going to have an was probably one of the most brilliant tries. antiterrorism bill come to this House strategists ever. She figured that if What brings me to the well today is, floor here relatively soon, and I think they ever wrote down anything about I was constantly asked the question, what we should do is take a good hard the underground railroad for which whether it be from the news media, look here as to whether or not it is many African Americans were able to members of the Parliament, House of going to permit fundraising to occur. escape from slavery in the South, if Lords or even the citizens in the Unit- Perhaps what the President should do; they ever wrote it down, somebody ed Kingdom, what are you doing in the he has not asked for my advice; but I would find it and that would be the end United States? think what he should do is in fact not of the underground railroad. So they Many people in the United Kingdom grant the visa to Gerry Adams, play a put it all in code and sang it in songs were extremely upset with the United much harder line. I would also stop any March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1667 forms of fundraising to occur in this would be those who call for death and PRAYER country. We all want the peace process condemnation of those leaders, and I The Chaplain, Rev. James David to be successful in the United Kingdom simply ask for a reckoning, a reckon- Ford, D.D., offered the following pray- with regard to Northern Ireland. ing that we must move forward in er: So I wanted to share with the Amer- peace, however vile these acts, however Open our eyes, O God, so we have a ican people and with my colleagues my wrenching, however deep the pain we better vision of Your glory; guide our dismay and my disappointment with feel embedded in our heart. words so we speak good news; strength- the President of the United States and As I read yesterday’s paper, the head- en our hands so we do the works of jus- with regard to how he is treating Gerry lines said everybody is crying, crying tice and peace, and move our hearts to Adams and the Sinn Fein Party. with our soul, crying with our minds, feel compassion toward every person. f crying in confusion. But you see that is For all these gifts and the blessings of the purpose of the evil doers, for they WE MUST SPEAK UP AGAINST life, we offer this prayer of thanks- are certainly seeking to destroy the TYRANNY AND HORROR AND giving. Amen. progress made in the peace talks. EVIL SO IT WILL NOT BE RE- f I would ask that this Congress, as it PEATED gathers to deliberate, and this adminis- THE JOURNAL The SPEAKER pro tempore. Under tration, seek to reinforce the policies the Speaker’s announced policy of May The SPEAKER pro tempore. The that have allowed the peace discussions Chair has examined the Journal of the 12, 1995, the gentlewoman from Texas to go forward, be tempered in their dis- [Ms. JACKSON-LEE] is recognized during last day’s proceedings and announces cussion and debate to find the real so- to the House his approval thereof. morning business for 5 minutes. lution that will respond to the evil Ms. JACKSON-LEE of Texas. Mr. Pursuant to clause 1, rule I, the Jour- doers by punishing them, and promote nal stands approved. Speaker, this past Sunday in Houston those who would do good. These peace we had somewhat of the joy and cele- Mr. GOSS. Mr. Speaker, pursuant to talks, as I understand from the leader- clause 1, rule I, I demand a vote on bration and elation of long years of toil ship on both sides of this issue, from for Jewish citizens in our community agreeing to the Speaker’s approval of the Arab world and the Israeli world, the Journal. to give back a measure of their life and must go forward, and it is certainly dif- their history to those of us living in The SPEAKER pro tempore. The ficult in the shadow of these great question is on the Chair’s approval of Houston, TX, for 2,000 individuals at- tragedies, and it is great, the loss of tended the opening of the Holocaust the Journal. children, men and women, disruption of The question was taken; and the Museum in Houston, TX. Participating families, the fear for their lives, the in that ceremony, I listened to the re- Speaker pro tempore announced that violation of the sanctity of a sovereign the ayes appeared to have it. counting of the toiling and the hard nation. But we must stand for peace work that helped to bring about this Mr. GOSS. Mr. Speaker, I object to and moving forward. the vote on the ground that a quorum outstanding facility for our commu- I will simply ask that as we rise to nity. There was a chronicling of how is not present and make the point of speak, in grief of course, that our re- order that a quorum is not present. the idea started, and how it generated, marks are in fact tempered, but that and how it grew. But there was a sense The SPEAKER pro tempore. Pursu- they are strong with the desire to en- ant to clause 5 of rule I, further pro- of love and appreciation for all who sure that people can live in peace, and gathered for a recognition of the true ceedings on this question are post- that peace negotiations are respected, poned. symbol of this Holocaust Museum, an and that the evil doers be caught and acknowledgment of the tragedy of tyr- The point of order is considered with- condemned and penalized. drawn. anny and the horror of silence, 6 mil- As I listened to my colleague, the lion lost in Germany and other places gentlewoman from Colorado [Mrs. f before and through World War II. SCHROEDER], this is the month to cele- PLEDGE OF ALLEGIANCE We heard from Benjamin Meed, presi- brate women, and it was interesting, dent of the American Gathering Fed- Mr. Speaker, as I close, that we had a The SPEAKER pro tempore. Will the eration of Jewish Holocaust Survivors, schoolteacher, dressed in a mask for gentlewoman from Wyoming [Mrs. and he eloquently reminded us, ‘‘every the Purim celebration, bring to our at- CUBIN] come forward and lead the survivor, and there are many here, can tention God’s, promise to Noah in Gen- House in the Pledge of Allegiance. recall someone near death saying, if esis 9: 14–15: Mrs. CUBIN led the Pledge of Alle- you survive, tell the story.’’ It was not giance as follows: And it shall come to pass when I bring a done in harshness or meanness, but it cloud over the Earth that the bow shall be I pledge allegiance to the Flag of the was done in the spirit of educating all seen in the cloud and I will remember my United States of America, and to the Repub- of us that if we fail to speak up against covenant and the waters shall no more be- lic for which it stands, one nation under God, tyranny and horror and evil, we are come a flood to destroy all flesh. indivisible, with liberty and justice for all. doomed to repeat that same horror. Let us believe, and let us realize to- f It was interesting to hear holocaust gether that we can bring peace to this SUNDRY MESSAGES FROM THE survivor William Morgan describe what world, to Israel and the Arab world. PRESIDENT the building meant to some 350 survi- vors in the Houston area. ‘‘This holo- f Sundry messages in writing from the caust museum in Houston I call the President of the United States were House of Love,’’ Morgan said. ‘‘It will RECESS communicated to the House by Mr. remove the hate from the hearts that The SPEAKER pro tempore. Pursu- Edwin Thomas, one of his secretaries. enter. It will unite all of us no matter ant to clause 12 of rule I, the House f what race or color.’’ stands in recess until 11 a.m. ON AMENDMENT PROCEDURE ON I found that to be most striking in Accordingly (at 9 o’clock and 53 min- the shadow of the tragedies that are H.R. 2703, THE EFFECTIVE DEATH utes a.m.), the House stood in recess PENALTY AND ANTITERRORISM occurring all over the world, and I until 11 a.m. stand now to vigorously condemn the BILL horrorful bombing that is occurring in f (Mr. GOSS asked and was given per- Israel, horrorful and vicious and incit- mission to address the House for 1 ing, clearly a major effort to under- b 1100 minute and to revise and extend his re- mine the powerful efforts of good men marks.) and good women. Certainly not in the AFTER RECESS Mr. GOSS. Mr. Speaker, the Rules spirit of Prime Minister Rabin and his The recess having expired, the House Committee is planning to meet this efforts, followed now by Prime Min- was called to order by the Speaker pro Friday, March 8, to grant a rule on ister Peres and Yasser Arafat, there tempore [Mr. ROGERS] at 11 a.m. H.R. 2703, the effective death penalty H 1668 CONGRESSIONAL RECORD — HOUSE March 5, 1996 and antiterrorism bill. Subject to the Finally, Mr. Speaker, our Committee what they do so well—create jobs and approval of the Rules Committee, this on International Relations will hold a grow the American economy. rule may include a provision limiting hearing on Tuesday, March 12, into f amendments to those specified in the these vicious attacks, and on compli- EDUCATION CUTS rule. ance of the PLO with the commitments Any Member who desires to offer an it has made to the peace process. (Ms. DELAURO asked and was given amendment should submit 55 copies f permission to address the House for 1 and a brief explanation of the amend- minute and to revise and extend her re- ment by noon on Thursday, March 7, to SMALL BUSINESS RELIEF marks.) the Rules Committee, at room H–312 in (Mr. PALLONE asked and was given Ms. DELAURO. Mr. Speaker, yester- the Capitol. permission to address the House for 1 day I visited a local school in my dis- Members who filed amendments last minute.) trict and met with parents and edu- December to H.R. 1710, the Comprehen- Mr. PALLONE. Mr. Speaker, this cators, the people we entrust with the sive Antiterrorism Act, do not have to afternoon the Republican leadership is lives of our children, with the future of file those same amendments again. brining up the Small Business Relief our Nation. Those amendments were already draft- and Regulatory Accountability Act. Mr. Speaker, these dedicated people are afraid that the devastating edu- ed to the text of H.R. 2703. Members This is nothing more than the Contract cation cuts passed by my Republican should use the Office of Legislative With America repackaged. colleagues spell disaster for our schools Counsel to ensure that their amend- It is an effort to bog down Federal ments are properly drafted and should and for our children. agencies, particularly those involved The temporary spending bill which check with the Office of the Par- with the environment such as the EPA, liamentarian to be certain their expires in a week includes deep cuts in so that they cannot get the job done. basic skills training and in Federal vio- amendments comply with the rules of From the beginning of this session last lence prevention funds to keep our the House. year, the Republicans made a point schools safe. In my State of Connecti- f that they were going to push through cut, these cuts alone amount to a $9 PERMISSION FOR SUNDRY COM- regulatory reform. But this regulatory million loss in aid to education. MITTEES AND THEIR SUB- reform is nothing more than but an ef- At a time when Americans are anx- COMMITTEES TO SIT TODAY fort to burden departments and agen- ious about their job security and in an DURING THE 5-MINUTE RULE cies that protect our public health and age the income you earn is tied to the safety with duplicative and unneces- skills you have learned, education is Mr. GOSS. Mr. Speaker, I ask unani- sary paperwork and bureaucracy. the last place we should cut. mous consent that the following com- It is a shame that the Republican This week, we are scheduled to take mittees and their subcommittees be leadership is going to try again to raise up an extension of the spending bill permitted to sit today while the House this issue and do what is necessary, through the end of the fiscal year. I is meeting in the Committee of the what they think they can do to break urge my Republican colleagues to do Whole House under the 5-minute rule. down environmental protection and more than pay lipservice to the anxiety Committee on Agriculture, Committee make it impossible for the EPA and in the American workplace. Retreat on Commerce, Committee on Govern- other agencies that protect our envi- from your extreme agenda. Restore the ment Reform and Oversight, Commit- ronment and protect our public health funds you took from our classrooms, tee on International Relations, Com- from doing their job. But we will have and give our students the tools they mittee on National Security, Commit- to fight it again today and make the need. tee on Resources, Committee on Trans- point that this is not the way that Con- f portation and Infrastructure, Commit- gress should be run. tee on Veterans’ Affairs, and Perma- PASS H.R. 994 f nent Select Committee on Intelligence. (Mrs. CUBIN asked and was given It is my understanding that the mi- IN SUPPORT OF H.R. 994, SMALL permission to address the House for 1 nority has been consulted and that BUSINESS GROWTH AND ADMIN- minute.) there is no objection to these requests. ISTRATIVE ACCOUNTABILITY Mrs. CUBIN. Mr. Speaker, later The SPEAKER pro tempore. Is there ACT OF 1996 today we will take up H.R. 994, the objection to the request of the gen- (Mr. BALLENGER asked and was Small Business Growth and Adminis- tleman from Florida? given permission to address the House trative Accountability Act. H.R. 994 There was no objection. for 1 minute and to revise and extend will improve the Federal regulatory f system and is the first step toward end- his remarks.) Mr. BALLENGER. Mr. Speaker, ing the Clinton crunch. IN SUPPORT OF ANTITERRORIST For too long small businesses have working Americans have suffered under LEGISLATION been subjected to a flood of regulation the proregulation, protax policies of (Mr. GILMAN asked and was given and compliance costs. It is estimated permission to address the House for 1 the Clinton administration. In 1993, that for the smallest of businesses— minute and to revise and extend his re- Bill Clinton enacted the largest tax in- those with only one to four employ- marks.) crease in history. Since then, average ees—the regulatory costs per employee Mr. GILMAN. Mr. Speaker, the hei- working Americans have had to deal are over $30,000. It is no wonder that so nous terrorist bombings in Israel that with higher taxes on one hand, and many people today feel that the entre- have claimed the lives of more than 50 stagnant wages on the other. preneurial spirit is being choked by Israelis, Americans, and others, and in- Under President Reagan family in- Washington taxes, Washington regula- jured more than 150 have shocked all come increased, the economy grew, and tion, and Washington interference. Americans. They must be stopped. economic confidence soared. Today, Today we have the chance to do Today I plan to introduce legislation the Clinton administration is over- something about this problem. Today calling upon Yasir Arafat, and the Pal- joyed if growth is over 2 percent in a we can send a message to small busi- estinian leadership to crack down deci- year. That’s simply not getting the job ness owners and those who dream one sively against the terrorists and those done. We need faster economic growth day of owning their own business. Let’s who support them. and the way we do that is by easing the pass H.R. 994 and fix the burdensome My resolution also calls for a review burden of Government. We need to cut regulatory system and let small busi- of United States assistance to the Pal- taxes for families and cut repetitive nesses do what they do best: create estinians, and calls upon President and burdensome regulation on small jobs. Clinton to consider making available business. f to Israel appropriate antiterrorist and Mr. Speaker, later today we will vote intelligence resources. on H.R. 994. This bill will help create a SUPREME COURT RULING I urge my colleagues to cosponsor cheaper and more effective regulatory (Mr. TRAFICANT asked and was and support his measure. system and let small businesses do given permission to address the House March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1669 for 1 minute and to revise and extend Mr. KLINK. Mr. Speaker, in the 103d MOST AMERICANS FAVOR RES- his remarks.) Congress, the Congress that preceded TORATION OF FUNDS FOR EDU- Mr. TRAFICANT. Mr. Speaker, the this, I had the honor of serving on a CATION Supreme Court ruled it is OK for the committee then known as the Commit- (Mr. STUPAK asked and was given government to seize the car of an inno- tee on Education and Labor. We were permission to address the House for 1 cent wife, innocent because her hus- known collectively in the 103d Congress minute and to revise and extend his re- band had sex in the car with a pros- as the education Congress. We had done marks.) titute. Watch out Hertz and Avis here. school to work transition, goals 2000, Mr. STUPAK. Mr. Speaker, the Re- Mr. Speaker, has the Supreme Court reauthorized the Elementary and Sec- lost their marbles? This ruling is tan- publican majority is out of step with ondary Education Act. the bedrock concerns of the American tamount to allowing the government Now in this Congress, the 104th, the to seize your home, your car, your public when it comes to education GOP piecemeal governing strategy is funding. A recent Gallup poll shows boat, your BVD’s, your rubber duckies, threatening to wreak havoc on our edu- even if you had been victimized by the two-thirds of the Americans rank qual- cational system and on the local school ity of education as their top priority action and you are innocent and did districts. The constant uncertainty nothing wrong. Beam me up, Mr. over such issues as crime, health care, about Federal funding has meant noth- and the deficit. A January Wall Street Speaker. ing short of chaos for school districts Whatever happened to government of poll shows 9 out of 10 Americans favor across this Nation who are awaiting increased spending in education. A the people, by the people, and for the final word on the future funding levels people? Now the Supreme Court says, January Post poll shows 8 of 10 Ameri- for elementary and secondary edu- it is government from the people. cans oppose cutting education. cation programs. Beam me up again here. It is not the Despite these dramatic and over- This uncertainty, coupled with the President evidently who smoked dope; whelming numbers, the current con- likelihood of sharply reduced funding, it is the membership of the Supreme tinuing resolution cuts $1.5 billion na- has made it difficult for schools to plan Court who voted for this, and it is ab- tionwide and $64 million in Michigan, for next year. The result could be fewer solutely evident they inhaled all the my home State, for title I, vocational teachers, larger classes, and a decline way through. education, drug free schools and other Congress, do something. The Su- in the quality of education, and that is programs. If we extend the continuing preme Court should not set the law in not what Americans want for their resolution to year’s end, more than a America. That is the legislative role. children. million young people will be deprived f The GOP record this year so far has of services in the title I program alone. been the largest education cuts in the Our budget process has been turned up- AN ARGUMENT FOR EDUCATION history of this Nation. If congressional side-down this year. REFORM Republicans decide to extend their cur- Let us get back to common sense. (Mr. CHABOT asked and was given rent short-term budget for the remain- Our real contract with the American permission to address the House for 1 der of the year, the result would be the people demands that we restore fund- minute.) largest setback in education in the his- ing to education, protect our children, Mr. CHABOT. Mr. Speaker, I am a tory of this country. These cuts would and invest in America’s future. former schoolteacher. I taught the sev- include basic reading, math skills, drug f enth and eighth grades in an inner city and safe schools, and vocational edu- school in Cincinnati. There is perhaps cation. We cannot afford this. ENDING THE CLINTON CRUNCH no greater argument for education re- f (Mr. METCALF asked and was given form than the school system right here permission to address the House for 1 in Washington, DC. The numbers and b 1115 minute.) the statistics are shocking. Mr. METCALF. Mr. Speaker, Ameri- The District spends 76 percent more THE DIFFERENCES BETWEEN cans are feeling the pinch of the Clin- per pupil than any other jurisdiction in REPUBLICANS AND DEMOCRATS ton crunch. Their taxes go up, but their the Nation. Yet its students rank last real wages decline, and not only are in eighth-grade math proficiency, last (Mrs. SEASTRAND asked and was families feeling the pinch, but small in fourth-grade math proficiency, and given permission to address the House businesses are being ground down by last in fourth-grade reading pro- for 1 minute and to revise and extend overtaxation and overregulation. This ficiency. her remarks.) Washington, DC teachers are among Mrs. SEASTRAND. Mr. Speaker, over is sad because, if you look at the the best paid teachers in the entire the last year the American people record, small businesses account for country, and they have a very favor- watched the actions of this body very more than 70 percent of the jobs in able student-teacher ratio. But even closely. And they learned many things. America. with these advantages, the District One thing learned is how very dif- According to a recent survey, nearly ranks 49th in on-time graduations. De- ferently the two parties think about half the small businesses surveyed said spite these shortcomings, the liberal the great issues that face them. that overregulation had a substantial special interests continue to block any They see that Republicans fight for adverse effect on profit making. Small meaningful reform of Washington tax cuts and a smaller government. businesses today are faced with a bar- schools, including school choice. They also see that liberal Democrats rage of Federal regulations and a sea of Let us improve educational opportu- fight for more government and higher redtape. Sometimes these rules are nities and the lives of the children here taxes. contradictory or they are just too com- in Washington and across the Nation. During the budget negotiations, the plex to understand. Even more importantly, let us pass the American people saw for themselves Mr. Speaker, American small busi- Back to Basics Education Act, which very clearly that liberals, including the ness people deserve a break from sense- takes the power and the money away President, will go to bat for govern- less overregulation. Today Congress from the bureaucrats here in Washing- ment programs, but not for the average should apply the brakes to overregula- ton and gives it back to parents and taxpayer and worker. tion and take a huge step toward end- teachers and local school boards where Mr. Speaker, the American people’s ing the Clinton crunch. it ought to be. desire for government reform has not f f subsided. That is something that is not going away overnight. Big government A WORLD-CLASS EDUCATION FOR GOP RECORD ON EDUCATION advocates are on the wrong side of his- OUR CHILDREN (Mr. KLINK asked and was given per- tory. America’s future depends on less (Mr. MILLER of California asked and mission to address the House for 1 government and less taxation. And was given permission to address the minute and to revise and extend his re- that is something that is obvious to all House for 1 minute and to revise and marks.) Americans. extend his remarks.) H 1670 CONGRESSIONAL RECORD — HOUSE March 5, 1996 Mr. MILLER of California. Mr. Mr. Speaker, as men and women effort in the Republic of Bosnia and Speaker, Members of the House, among struggle to bring peace to a region that Herzegovina shall be entitled to certain the highest priorities for America’s has seen more than its fair share of tax benefits in the same manner as if families and America’s parents is a horror and tragedy in Bosnia, we have such services were performed in a com- good education for their children and decided that it is very timely at this bat zone, as amended. the ability of their local schools to be time of year, before April, to address The Clerk read as follows: able to deliver world class standards in the concerns of our men and women in H.R. 2778 world class education for our young Bosnia and their tax situation, and Be it enacted by the Senate and House of Rep- people and, at the same time, to make what we have done is make it easier for resentatives of the United States of America in sure that today’s students go to school men and women in Bosnia to file their Congress assembled, in a safe environment and a drug-free income tax returns and have their com- SECTION 1. TREATMENT OF CERTAIN INDIVID- environment. bat pay exempt from taxation. UALS PERFORMING SERVICES IN CERTAIN HAZARDOUS DUTY AREAS. Unfortunately, under the current Also, it was realized that officers in (a) GENERAL RULE.—For purposes of the funding plan proposed by the Repub- the area had a cap on their compensa- following provisions of the Internal Revenue licans we see funding for safe and drug- tion that could not end. As a result, Code of 1986, a qualified hazardous duty area free schools cut by 25 percent, funding only a part of it could be tax free. shall be treated in the same manner as if it for title I that for the first time is I am pleased that the Committee on were a combat zone (as determined under bringing the advances in technology Ways and Means was able to report this section 112 of such Code): and teacher improvements to economi- important legislation in a bipartisan (1) Section 2(a)(3) (relating to special rule where deceased spouse was in missing sta- cally disadvantaged schools cut by 17 manner, and I also am pleased that we tus). percent, Goals 2000 that allows the are able to relieve our men and women (2) Section 112 (relating to the exclusion of Governors of States to implement in Bosnia from the worries that all of certain combat pay of members of the Armed world class standards in reading and the rest of us across the United States Forces). mathematics and critical thinking in have concerning getting ready to pay (3) Section 692 (relating to income taxes of the sciences for the first time so that our taxes to the United States Govern- members of Armed Forces on death). young people can compete against the ment. (4) Section 2201 (relating to members of the Armed Forces dying in combat zone or by best the world has to offer to keep f reason of combat-zone-incurred wounds, America’s economy strong; we see etc.). these programs slashed in this funding COMMUNICATION FROM THE (5) Section 3401(a)(1) (defining wages relat- resolution. Hopefully on March 15 we CLERK OF THE HOUSE ing to combat pay for members of the Armed will reverse that trend and restore aid The SPEAKER pro tempore (Mr. Forces). to education. (6) Section 4253(d) (relating to the taxation ROGERS) laid before the House a com- of phone service originating from a combat f munication from the Clerk of the zone from members of the Armed Forces). PEACE THROUGH STRENGTH AS House of Representatives: (7) Section 6013(f)(1) (relating to join return OPPOSED TO INSTABILITY OFFICE OF THE CLERK, where individual is in missing status). THROUGH WEAKNESS U.S. HOUSE OF REPRESENTATIVES, (8) Section 7508 (relating to time for per- Washington, DC, February 27, 1996. forming certain acts postponed by reason of (Mr. HUNTER asked and was given Hon. NEWT GINGRICH, service in combat zone). permission to address the House for 1 Speaker, House of Representatives, Washington, (b) QUALIFIED HAZARDOUS DUTY AREA.—For minute and to revise and extend his re- DC. purposes of this section, the term ‘‘qualified marks.) DEAR MR. SPEAKER: This is to formally no- hazardous duty area’’ means Bosnia and Mr. HUNTER. Mr. Speaker, Presi- tify you pursuant to Rule L (50) of the Rules Herzegovina, Croatia, or Macedonia, if as of of the House that a member of my staff has the date of the enactment of this section any dents Bush and Reagan brought down member of the Armed Forces of the United the Berlin Wall with a defense policy been served with a subpoena issued by the Circuit Court for Baltimore City, Maryland. States is entitled to special pay under sec- that was called peace through This subpoena relates to her employment by tion 310 of title 37, United States Code (relat- strength. They built up our military, former Representative Kweisi Mfume. ing to special pay; duty subject to hostile rebuilt declining forces, and they After consultation with the General Coun- fire or imminent danger) for services per- forced the Soviet Union to the bargain- sel, I have determined that compliance with formed in such country. Such term includes ing table, and they, by doing that, the subpoena is consistent with the privi- any such country only during the period brought stability to the world. leges and precedents of the House. such entitlement is in effect. Solely for pur- Sincerely, poses of applying section 7508 of the Internal Mr. Speaker, despite President Clin- Revenue Code of 1986, in the case of an indi- ton’s own Joint Chiefs of Staff rec- ROBIN H. CARLE, Clerk of the House. vidual who is performing services as part of ommending that he spend more money Operation Joint Endeavor outside the United f on defense to give the right kind of States while deployed away from such indi- equipment to these young troops that ANNOUNCEMENT BY THE SPEAKER vidual’s permanent duty station, the term he is deploying all over the world, he PRO TEMPORE ‘‘qualified hazardous duty area’’ includes, has refused to do that. His new defense during the period for which such entitlement budget has come down. It drastically The SPEAKER pro tempore. Pursu- is in effect, any area in which such services ant to the provisions of clause 5 of rule are performed. cuts the new equipment that his own (c) EXCLUSION OF COMBAT PAY FROM WITH- people recommended he give to his I, the Chair announces that he will postpone further proceedings today on HOLDING LIMITED TO AMOUNT EXCLUDABLE troops, and this President apparently FROM GROSS INCOME.—Paragraph (1) of sec- follows a policy of instability through each motion to suspend the rules on tion 3401(a) of the Internal Revenue Code of weakness. which a recorded vote or the yeas and 1986 (defining wages) is amended by inserting nays are ordered or on which a vote is f before the semicolon the following: ‘‘to the objected to under clause 4 of rule XV. extent remuneration for such service is ex- TAX RELIEF FOR UNITED STATES Such rollcall votes, if postponed, will cludable from gross income under such sec- TROOPS IN BOSNIA. be taken after the debate is concluded tion’’. on all motions to suspend the rules. (d) INCREASE IN COMBAT PAY EXCLUSION FOR (Mrs. KENNELLY asked and was OFFICERS TO HIGHEST AMOUNT APPLICABLE TO given permission to address the House f ENLISTED PERSONNEL.— for 1 minute and to revise and extend (1) IN GENERAL.—Subsection (b) of section her remarks.) SPECIAL TAX TREATMENT FOR 112 of such Code (relating to commissioned Mrs. KENNELLY. Mr. Speaker, I rise UNITED STATES TROOPS IN officers) is amended by striking ‘‘$500’’ and in support of H.R. 2778, tax relief for BOSNIA inserting ‘‘the maximum enlisted amount’’. United States troops in Bosnia. We Mr. BUNNING of Kentucky. Mr. (2) MAXIMUM ENLISTED AMOUNT.—Sub- section (c) of section 112 of such Code (relat- have before us today a piece of legisla- Speaker, I move to suspend the rules ing to definitions) is amended by adding at tion that really is an excellent piece of and pass the bill (H.R. 2778) to provide the end the following new paragraph: legislation. It shows that we can in that members of the Armed Forces per- ‘‘(5) The term ‘maximum enlisted amount’ fact work in a bipartisan manner. forming services for the peacekeeping means, for any month, the sum of— March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1671

‘‘(A) the highest rate of basic pay payable In Somalia, the families of the sol- and IKE SKELTON for their contribution for such month to any enlisted member of diers who lost their lives could not re- to this report. the Armed Forces of the United States at the ceive the benefits that should have Making sure that our military per- highest pay grade applicable to enlisted gone to them under the Tax Code be- sonnel in Bosnia receive all of the ben- members, and ‘‘(B) in the case of an officer entitled to cause the President never declared it a efits that we can give them under the special pay under section 310 of title 37, Unit- combat zone. Tax Code is the least that we can do for ed States Code, for such month, the amount Two of those who were killed were them. of such special pay payable to such officer Congressional Medal of Honor winners. I hope that we will demonstrate our for such month.’’. But because of the technical language unqualified support for our troops in (e) EFFECTIVE DATE.— of the Code they could not receive the Bosnia by adopting the bill before us (1) IN GENERAL.—Except as provided in tax benefits because Somalia had not today. paragraph (2), the provisions of and amend- been designated as a combat zone. This is not about whether you agree ments made by this section shall take effect H.R. 2778 provides that members of with the policy that put United States on November 21, 1995. (2) WITHHOLDING.—Subsection (a)(5) and the Armed Forces in Bosnia and forces in Bosnia. Many of us have had the amendment made by subsection (c) shall Herzegovina, Croatia, or Macedonia grave reservations about the policy apply to remuneration paid after the date of who receive hostile fire or imminent that sent our troops there in the first the enactment of this Act. danger pay will receive combat zone place; but, the point is—they are there. SEC. 2. EXTENSION OF INTERNAL REVENUE tax benefits. And, since they are there, we need to SERVICE USER FEES. That means enlisted personnel sta- do everything in our power to make Subsection (c) of section 10511 of the Reve- tioned in these countries would not be sure that they are treated fairly in the nue Act of 1987 is amended by striking ‘‘Oc- taxed on their pay for any month that Tax Code. This bill does that. tober 1, 2000’’ and by inserting ‘‘October 1, they receive hostile fire or imminent 2003’’. b 1130 danger pay. The SPEAKER pro tempore. Pursu- Officers would be taxed on only a por- Mr. Speaker, I reserve the balance of ant to the rule, the gentleman from tion of their pay. Members of the my time. Kentucky [Mr. BUNNING] will be recog- Armed Forces would be eligible to (Mr. GIBBONS asked and was given nized for 20 minutes, and the gen- postpone their tax filing and payment permission to revise and extend his re- tleman from Florida [Mr. GIBBONS] will obligations. Additional benefits would marks.) Mr. GIBBONS. Mr. Speaker, I yield be recognized for 20 minutes. also apply. The Chair recognizes the gentleman The bill also makes some technical myself such time as I may consume. Mr. Speaker, this is a needed piece of from Kentucky [Mr. BUNNING]. and administrative improvements to legislation. It is a bipartisan piece of GENERAL LEAVE the combat zone tax provisions. More legislation. The chairman has ade- Mr. BUNNING of Kentucky. Mr. importantly, it makes some long-need- quately and totally described it. I sup- Speaker, I ask unanimous consent that ed changes to the combat zone tax port what he is doing, what we are all Members may have 5 legislative laws. days within which to revise and extend Currently, enlisted personnel in a doing on a bipartisan basis. I would their remarks and include extraneous combat zone are not taxed on their pay only say that it makes good common material on H.R. 2778. for any month they are in the combat sense that soldiers who go to zones, The SPEAKER pro tempore. Is there zone, but officers are allowed to receive such as the one they are now occupying objection to the request of the gen- only $500 each month tax-free. in the former Yugoslavia and its sur- tleman from Kentucky? This $500 was set in 1966 and has not rounding areas, do not take with them There was no objection. been increased for inflation. This bill their tax records. They are not in a po- Mr. BUNNING of Kentucky. Mr. would raise that $500 limit to equal the sition to file an income tax return. Speaker, I yield myself such time as I top pay grade for enlisted personnel. They are certainly entitled to all of the may consume. The bill also extends one of the com- benefits that are included in this bill. Mr. Speaker, I am proud to bring be- bat zone tax benefits, the suspension of This is something we have done in fore the House today a bill I sponsored tax filing and payment obligations, to various forms for most soldiers, at to make sure that our brave men and personnel involved in Operation Joint least since World War II, in my own women serving in Bosnia are able to re- Endeavor even if they are not phys- memory, so I urge a unanimous vote ceive the benefits that they deserve ically located in the former Yugo- for it as a show of solidarity that we while risking their lives in the service slavia. support those whose lives are at risk. of their country. Members of the Armed Forces and Mr. Speaker, I yield such time as he The Internal Revenue Code provides Department of Defense personnel who may consume to the gentleman from specific benefits to our service person- have been deployed as part of Oper- Missouri [Mr. SKELTON]. He is a distin- nel who are on active duty in a combat ation Joint Endeavor outside of the guished member of this committee zone. But, these benefits are available United States and away from their per- whose record is replete with his con- only if the President issues an Execu- manent duty stations would be eligible cern for the welfare of our country and tive order designating the area as a for this benefit. of the military personnel who make it combat zone. Plainly, these people do not have up. Unfortunately, the peacekeeping op- easy access to their tax records and Mr. SKELTON. Mr. Speaker, I espe- erations in the former Yugoslavia have have concerns other than finding the cially appreciate the gentleman’s kind not been designated by the President nearest post office. words. I am grateful for the oppor- as being in a combat zone. This is truly a bipartisan bill. More tunity to express my support for H.R. There have already been casualties in than 120 Members of Congress have co- 2778. I commend the chairman of the Bosnia and more are likely. That sponsored this bill. It was reported by committee, the gentleman from Texas means that our service personnel are in the Ways and Means Committee on a [Mr. ARCHER], the gentleman from a combat zone type situation even if unanimous voice vote. Florida [Mr. GIBBONS], the ranking the President has not declared it a Moreover, as it was reported by the member, and the Committee on Ways combat zone. Ways and Means Committee, the bill and Means for bringing this legislation Let us be honest. When you are being incorporates the best of practically all to the floor. I especially thank the gen- shot at or dodging landmines you are of the various combat zone benefit bills tleman from Kentucky [Mr. BUNNING] in a combat zone. Diplomatic niceties introduced in recent months. for his hard work. I commend him for aside, these brave warriors are in dan- In short, the bill before us reflects his thorough and painstaking effort. It ger because of the policies of their Gov- the input of many Members, Democrats was a pleasure to work with him on ernment and we must take care of and Republicans, as well as the Defense this legislation. them. Department and the Treasury Depart- Mr. Speaker, late last year I began Quite frankly, we must act to insure ment. working with the gentleman from Ken- that we do not have a repeat of what In particular, I want to recognize tucky [Mr. BUNNING] to draft legisla- happened in Somalia. Chairman BILL ARCHER, SAM GIBBONS, tion providing tax relief for United H 1672 CONGRESSIONAL RECORD — HOUSE March 5, 1996 States troops serving our Nation in zone type tax exemption to our troops in the cial tax treatment to U.S. troops in Bosnia. contingency operations overseas, par- former Yugoslavia. This legislation will assist the families of those ticularly those in Bosnia and Mr. Speaker, many Members of this body, troops serving in the Balkans with filing their Herzegovina, Croatia, and Macedonia. I including myself, may have considerable doubt taxes and is an appropriate gesture in re- introduced my own legislation, H.R. about the wisdom of the President's decision sponse to the peacekeeping efforts of those 2776, to meet this end. I am pleased the to commit military forces to uphold the Dayton troops who are serving in that region. committee adopted a key provision Peace agreement in Bosnia. But there is one The Dayton Peace Accord, signed in De- originally from my bill that would ex- thing about which there is no doubt in my cember 1995, outlined a peaceful settlement pand a pay exemption. mind, and that is my unshakable support for for the 3 year old conflict in Bosnia and We need to take care of our troops. the military men and women assigned this ar- Herzegovina. Part of this agreement called for The American people can be proud of duous duty. I am confident that the vast major- the deployment of a NATO peackeeping force the fine service of the members of our ity of this House will not falter when the wel- to enforce the cease-fire which was the foun- Armed Forces. We are sending them fare of our troops is at stake, especially when dation of the accord. The U.S. commitment to into dangerous and difficult missions they serve in such a dangerous place such as this force in Bosnia was 20, 000 soldiers. Fur- as participants in Operation Joint En- Bosnia. thermore, an additional 12,000 Americans are H.R. 2778 as reported by the Committee on deavor and Operation Able Sentry, stationed in Croatia, Italy, Hungary, and other Ways and Means is a superb bill. It provides thousands of miles from their friends neighboring countries to provide support for full exclusion of income for enlisted members and families. the implementation force [IFOR]. In December, and warrant officers as would be provided It is only proper that we extend an the Secretary of Defense estimated the cost of under current law in a combat zone. Another exemption from Federal income taxes this mission to be $2 billion. during their deployment, as we did important aspect of the legislation is the long Additionally, there are 550 Americans serv- those who served in the gulf war in Op- overdue update in the income exemption for ing as part of a 1,000 man U.N. force in Mac- eration Desert Shield and Operation officers. We on the Committee on National Se- edonia. The purpose of this mission, Oper- Desert Storm. In some instances, the curity have been working since the Persian ation Able Sentry, which began in 1993, is to living conditions and dangers are as Gulf war to update the $500 cap on officer ex- prevent the conflict in Bosnia from spilling over bad or worse than some experienced in emptions in current law. The $500 cap dates into Macedonia. the gulf war. back to 1966 and has long since lost any rel- H.R. 2778 deserves, and I am sure will evance to officer income levels. H.R. 2778 not Under current law, U.S. military personnel receive, a wide bipartisan support. Let only restores the value of this benefit for offi- serving in Areas designated by the President us all express our support for our cers, it precludes this problem from reoccur- as a combat zone are exempt from performing American troops by passing this legis- ring by linking the cap to the maximum pay for a number of tax-related duties, including filing lation, hopefully unanimously, today. an enlisted person, or $3,377.10. tax returns, paying taxing, or filing a claim for Mr. BUNNING of Kentucky. Mr. The other very important aspect of this bill credit until the individual is no longer serving Speaker, I have the pleasure to yield is that it provides a series of benefits to the in the designated area. This allows these indi- such time as he may consume to the survivors of members who lose their lives in viduals to attend to their financial affairs after Bosnia. We all hope that we have seen the gentleman from Texas [Mr. ARCHER], their service is complete. Additionally, the fam- chairman of the Committee on Ways last United States servicemember die in ilies of active service personnel killed in a and Means. Bosnia, but we must acknowledge that the combat zone are not subject to income tax for Mr. ARCHER. Mr. Speaker, I thank prospect for further casualties remains very the year of death and are entitled to a reduc- the gentleman for yielding time to me. real. H.R. 2778 ensures that a second tragedy tion in estate taxes. Mr. Speaker, I rise in strong support is not visited upon a deceased member's fam- To date, President Clinton has not declared of H.R. 2778. I compliment the gen- ily by the Internal Revenue Service. any areas within the Balkans as combat H.R. 2778 is an important bill that supports tleman from Kentucky [Mr. BUNNING], zones. By not classifying the area as a com- our troops. I urge my colleagues to vote ``yes.'' bat zone, the families of soldiers killed in serv- chairman of the Subcommittee on So- Mr. BEREUTER. Mr. Speaker, this Member ice will not be able to receive a variety of spe- cial Security of the Committee on rises in the strongest possible support for H.R. cial tax waivers and benefits. Ways and Means, for his leadership in 2778, legislation designed to provide that introducing this bill, even though it members of the Armed Forces serving in This legislation will correct the oversight of does not have anything to do with So- Bosnia will be entitled to combat zone tax the administration and allow personnel serving cial Security. benefits. in Bosnia and Herzegovina, Croatia, and Mac- He has done a great service for our The benefits provided in this legislation are edonia, all qualified hazardous duty areas, to service men and women in Bosnia by relatively modest. Enlisted personnel will not be eligible for the eight specific provisions of pointing out the appropriateness of be taxed on their base pay, and officers re- the Internal Revenue Service Code which re- this legislation, because those people ceive a $500 exclusion. Servicemembers killed late to personnel serving in a combat zone. over there, as we know and we have in Bosnia are granted a reduced estate tax. In addition, this legislation will raise the heard, are placed in the same sort of They are given a filing extension so that our amount of income an officer may claim as tax- danger as if it were a combat zone. peacekeeping operation does not shut down exempt combat pay from $500 to the highest Quite honestly, I do not know why on April 15 while our troops are filling out re- rate of basic pay for any enlisted member of the President did not declare it a com- turns. Telephone calls back home are not sub- the Armed Forces. bat zone. It clearly is a combat zone. ject to a 3-percent excise tax. I strongly support this legislation and urge But by the President failing to declare But while the provisions may seem modest, its passage. By doing so we will be sending a it as one, he has denied, effectively, the the effect on the morale of American troops vote of confidence to our troops in the Balkans benefits to our service people over serving in Bosnia, Croatia, and Macedonia will regarding their ability and dedication to enforc- there that they would otherwise be en- be significant. This Member recently had the ing peace in a war-torn land. titled to. This legislation provides our opportunity to visit with General Nash, com- Ms. DELAURO. Mr. Speaker, first, I want to troops and their families with a little manding general of the U.S. Army's 1st Ar- express my sadness that our colleague, Rep- relief and demonstrates Congress’ sup- mored Division in Bosnia. He expressed the resentative GIBBONS, is retiring. We will miss port for our troops. troops' strong support for the passage of H.R. your leadership. In the past they would have, as I 2778. It was, General Nash argued, at this mentioned, in a combat zone automati- point perhaps the single most positive and I strongly support this bill to give favorable cally have received these benefits personally important expression of support tax treatment to American troops, just as I which now we will give especially to that the Congress could send to the troops strongly supported American troops during the them by this legislation. This bill en- serving in IFOR. debate on Bosnia. American service men and joys great bipartisan support, and I Mr. Speaker, the very least we can do is en- women who are keeping the peace in Bosnia know of no opposition to it. I therefore sure that, when our troops return, they will not deserve all of the support that we in Congress urge my colleagues on both sides of the be met at the airport by the IRS. This Member can give. aisle to support it. urges swift passage of H.R. 2778. Under this bill, we will allow our Armed Mr. SPENCE. Mr. Speaker, I rise in strong Mr. GILMAN. Mr. Speaker, I rise today in Forces to focus on the difficult task at handÐ support of H.R. 2778, a bill to provide combat strong support of H.R. 2778, a bill to give spe- keeping peace in a land ravaged by nearly 4 March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1673 years of fightingÐwithout worrying about filing Mr. GIBBONS. Mr. Speaker, I have (1) determine that such title should no their tax forms on time. We will signal how no further requests for time, and I longer apply to Bulgaria; and much we value the extraordinary service of yield back the balance of my time. (2) after making a determination under paragraph (1) with respect to Bulgaria, pro- American troops by exempting Operation Joint Mr. BUNNING of Kentucky. Mr. claim the extension of nondiscriminatory Endeavor pay from taxation. The bill also will Speaker, I have no further requests for treatment (most-favored-nation treatment) make it easier for families to stay in touch dur- time, and I yield back the balance of to the products of that country. ing a time of separation by waiving the excise my time. (b) TERMINATION OF APPLICATION OF TITLE tax for troops to call home from Bosnia. The SPEAKER pro tempore (Mr. IV.—On and after the effective date of the This bill corrects a technicality, but one that ROGERS). The question is on the motion extension under subsection (a)(2) of non- I believe is extremely important. Troops in offered by the gentleman from Ken- discriminatory treatment to the products of Bulgaria, title IV of the Trade Act of 1974 tucky [Mr. BUNNING] that the House combat zones have traditionally received tax shall cease to apply to that country. breaks, but American forces in Bosnia are suspend the rules and pass the bill, The SPEAKER pro tempore. Pursu- there not to fight a war, but to keep the peace. H.R. 2778, as amended. ant to the rule, the gentleman from Il- I urge my colleagues to pass this bill and The question was taken. linois [Mr. CRANE] will be recognized show our troops in Bosnia that we understand Mr. BUNNING of Kentucky. Mr. for 20 minutes, and the gentleman from their sacrifice and value their service. Speaker, I object to the vote on the Florida [Mr. GIBBONS] will be recog- Mr. TATE. Mr. Speaker, while I do not be- ground that a quorum is not present and make the point of order that a nized for 20 minutes. lieve the President ever made the case to the The Chair recognizes the gentleman American people and Congress that sending quorum is not present. from Illinois [Mr. CRANE]. United States ground troops to Bosnia is The SPEAKER pro tempore. Pursu- clearly within our vital national security inter- ant to clause 5, rule I, and the Chair’s GENERAL LEAVE ests, I cannot express how profoundly proud prior announcement, further proceed- Mr. CRANE. Mr. Speaker, I ask unan- and deeply appreciative I am of the men and ings on this motion will be postponed. imous consent that all Members may women that once again have been called The point of no quorum is considered have 5 legislative days within which to upon to serve our great Nation. withdrawn. revise and extend their remarks on H.R. 2853. The men and women of our military risk f The SPEAKER pro tempore. Is there their lives every day in Bosnia. I believe if our MOST-FAVORED-NATION objection to the request of the gen- Government can do anything to help our sol- TREATMENT FOR BULGARIA tleman from Illinois? diers and their families during these difficult Mr. CRANE. Mr. Speaker, I move to There was no objection. times, it is our obligation to do so. That is why Mr. CRANE. Mr. Speaker, I yield my- suspend the rules and pass the bill I am so disappointed that the President has self such time as I may consume. (H.R. 2853) to authorize the extension not extended combat zone tax benefits to Mr. Speaker, I rise in strong support of nondiscriminatory treatment—most- troops serving in Bosnia. In the past, these of H.R. 2853, which would extend per- favored-nation treatment—to the prod- benefits have been automatic. manent most-favored-nation [MFN] ucts of Bulgaria. As a Member of the 104th Congress, I am tariff treatment to the products of Bul- The Clerk read as follows: proud this body has chosen to step up to the garia. This legislation, which was in- plate and show how profoundly grateful we H.R. 2853 troduced by myself and the ranking are for those troops serving at the request of Be it enacted by the Senate and House of Rep- member of the Ways and Means Sub- resentatives of the United States of America in the President. Today, we will pass a measure committee on Trade, Mr. RANGEL, is Congress assembled, to provide tax relief to our troops serving in non-controversial and is identical to Operation Joint Endeavor. This will include SECTION 1. CONGRESSIONAL FINDINGS AND SUP- PLEMENTAL ACTION. legislation that the House passed last eliminating taxation of combat pay, reducing year, H.R. 1643, by a voice vote. The estate taxes in the event of combat-related (a) CONGRESSIONAL FINDINGS.—The Con- gress finds that Bulgaria— House needs to take action on this im- death, and forgiving income tax upon a com- (1) has received most-favored-nation treat- portant legislation again because the bat-related death. ment since 1991 and has been found to be in provisions on Bulgaria were not con- This tax relief cannot fully compensate full compliance with the freedom of emigra- tained in the version of H.R. 1643 that members of the military for their service, but if tion requirements under title IV of the Trade was ultimately enacted. it helps one family or service member through Act of 1974 since 1993; The reasons for the normalization of this trying ordeal, then it will have been worth (2) has reversed many years of Communist trade relations between the United it. dictatorship and instituted a constitutional republic ruled by a democratically elected States and Bulgaria through the pas- Mr. FARR of California. Mr. Speaker, I rise government as well as basic market-oriented sage of H.R. 2853 remain the same as today to speak in support of H.R. 2778. This reforms, including privatization; they were at the time of the House’s important legislation would ensure that Amer- (3) is in the process of acceding to the Gen- consideration of this issue last year. At ican soldiers now serving in the former Yugo- eral Agreement on Tariffs and Trade (GATT) present, Bulgaria’s MFN status is regu- slavia receive the same tax benefits as other and the World Trade Organization (WTO), lated by title IV of the Trade Act of soldiers in combat zones. and extension of unconditional most-fa- 1974, which is commonly referred to as Our troops serving in Operation Joint En- vored-nation treatment would enable the the Jackson-Vanik amendment. Since United States to avail itself of all rights deavor face special dangers and challenges under the GATT and the WTO with respect 1993, Bulgaria has received MFN status unique to their mission, including mine clear- to Bulgaria; and after the President has found the coun- ance and monitoring the withdrawal and rede- (4) has demonstrated a strong desire to try to be in full compliance with the ployment of armed groups. Though they are build friendly relationships and to cooperate freedom of emigration requirements not serving in conventional combat conditions, fully with the United States on trade mat- contained in this provision of United their work is no less dangerous. Clearly, they ters. States law. should not be treated any differently than (b) SUPPLEMENTAL ACTION.—The Congress The political and economic cir- other American soldiers who serve overseas notes that the United States Trade Rep- cumstances in Bulgaria have changed resentative intends to negotiate with Bul- in an area of potential danger. garia in order to preserve the commitments considerably since the enactment of Unfortunately, without this bill, our troops in of that country under the bilaterial commer- the Jackson-Vanik amendment, which Bosnia would not get the same tax benefits as cial agreement in effect between that coun- was intended to address United States soldiers serving in a combat zone. This legis- try and the United States that are consistent trade relations with nonmarket econo- lation will correct this discrepancy and ensure with the GATT and the WTO. mies. In recent years, the Communist that the young American men and women en- SEC. 2. TERMINATION OF APPLICATION OF TITLE dictatorship in Bulgaria has collapsed forcing the Dayton Peace Accords in the IV OF THE TRADE ACT OF 1974 TO and a democratically elected govern- former Yugoslavia are treated the same as BULGARIA. ment has taken office which has imple- (a) PRESIDENTIAL DETERMINATIONS AND EX- soldiers serving in equally hazardous areas. TENSION OF NONDISCRIMINATORY TREAT- mented basic market-oriented prin- I am glad to see Congress take action on MENT.—Notwithstanding any provision of ciples, including privatization. Normal- this issue, and I urge the prompt passage of title IV of the Trade Act of 1974 (19 U.S.C. izing United States trade relations the legislation to correct this oversight. 2431 et seq.), the President may— with Bulgaria, as has been done for H 1674 CONGRESSIONAL RECORD — HOUSE March 5, 1996 other East European countries, will en- Mr. Speaker, I have often mentioned [WTO] and extension of unconditional MFN hance our bilateral relations with the to folks that it was the Democratic would enable the United States to avail itself country. Moreover, it will foster the party traditionally that embraced free of all rights under the WTO with respect to economic development of Eastern Eu- trade, and it was the Republicans that Bulgaria. Fourth, finally, Bulgaria has dem- rope by providing the business commu- tried to put the Great Wall of China onstrated a strong desire to build friendly rela- nity with greater certainty with re- around this country. In the post World tions with the United States and to cooperate spect to Bulgaria’s status under United War II era, our positions tended to fully with us on trade matters. States law. shift somewhat, but not totally. It was, In closing, Mr. Speaker, this Member reiter- At present, Bulgaria is also in the in fact, McKinley, a Republican, who ates his strong support for H.R. 2853 and final stages of its negotiations to be- imposed what at that point was the urges his colleagues to join in this support. come a member of the World Trade Or- highest tariff in our history in 1890. Mr. GILMAN. Mr. Speaker, I rise in support ganization [WTO]. In this process, Bul- That brought on the panic of 1893. of H.R. 2853, a bill extending most-favored- garia has presented a market access Grover Cleveland was reelected in nation trade status to Bulgaria. offer that would further open the Bul- 1892, and he got the tariffs lowered and Bulgaria emerged from Communist dictator- garian economy to United States ex- he restored a stable economy again. He ship in November 1989, when Communist ports. For this reason, passage of H.R. said in a State of the Union message at leader Todor Zhivkov was removed from 2853 is important in order for the Unit- that time, when you put those walls power and the path was laid for the free elec- ed States to avail itself of all WTO around your country, you inflict the tions that were later held in June 1990. rights in our trade relations with Bul- greatest injury on that man who earns Just as the other Eastern European coun- garia at the time of the country’s ac- his daily bread with the sweat of his tries that emerged from Communist dictator- cession to the agreement. brow. That was a profound truth that ship after 1989, Bulgaria has faced consider- The Congressional Budget Office has he uttered. But I have mentioned to able challenges in transforming its economy indicated that its baseline revenue pro- many people that the gentleman from and building a new foreign policy focused on jections assume that Bulgaria’s condi- Florida, SAM GIBBONS, is our Grover integrating Bulgaria into European and trans- tional MFN status will be renewed by Cleveland, and he has faithfully stood Atlantic institutions. the President in the future. Therefore, on behalf of those free market prin- Unfortunately, Bulgaria and the problems it enactment of H.R. 2853 will not affect ciples, and has tried to advance them, faces have not often received sufficient atten- projected Federal Government re- and we have worked amicably on a bi- tion from the international community. ceipts. partisan basis on all of these issues. In fact, given the pressing problems else- Mr. Speaker, I urge my colleagues to His announcement of his retirement I where in the regionÐparticularly the conflicts support the passage of this legislation, deeply regret. He will be profoundly in the nearby states of the former Yugo- slaviaÐmany have preferred to see Bulgaria and I reserve the balance of my time. missed. I salute you, SAM, and thank Mr. GIBBONS. Mr. Speaker, I yield you for your guidance. as simply an oasis of stability in the otherwise myself such time as I may consume. Mr. BEREUTER. Mr. Speaker, this Member turbulent Balkans, overlooking the fact that Mr. Speaker, the gentleman from Il- rises in support of H.R. 2853, which would ex- Bulgaria's economy has suffered from more linois [Mr. CRANE] has adequately ex- tend nondiscriminatory most-favored-nation than just the problems associated with trans- plained this bill. I will not belabor the treatmentÐnormal tariff statusÐto the export forming a Communist economy to one based time. I had planned to do a little fili- products of Bulgaria. This Member commends on a market mechanism. The reality is that, in the last few years, Bul- bustering here, because I was waiting his colleagues from the Ways and Means garia's economy has been adversely affected for the gentleman from Illinois [Mr. Committee, especially the chairman of the by its observance of economic sanctions HYDE] to reach the floor, but he is al- committee, the distinguished gentleman from placed on two of its traditional trading partners ready here, so I will not do the fili- Texas [Mr. ARCHER], for bringing this legisla- buster. by the international community. tion to the House floor. This Member would Since the early part of this decade, sanc- I was going to point out at great also commend the ranking minority member, length the strides Bulgaria has made tions on Serbia and Iraq have resulted in con- the distinguished gentleman from Florida [Mr. siderable commercial losses for BulgariaÐ since it has become a free nation. It GIBBONS], who has recently announced his re- has joined the family of nations very losses Bulgaria has accepted as a member of tirement and who will be sorely missed by this the international community, but losses none- well, conducted itself as well as we can Member and all Members of this body. really expect, considering the tortuous theless. He is among the first Members of Congress The United States has tried to assist Bul- history that this country has gone who took a deep interest in the nations of garia in this difficult time with direct aid for po- through. Eastern and Central Europe even before these litical and economic reform and as a member Mr. Speaker, I would like to com- countries emerged from behind the Iron Cur- of the G±24 group of nations coordinating aid mend all the people in Bulgaria for tain. This Member first visited Bulgaria in the for that country. what they have done. I do not think it early 1980's as part of a Gibbons-led trade It is now time, however, for us to try to do is widely known here in the Congress delegation. His good counsel and knowledge a little more to help Bulgaria and its people as or widely known throughout the world, about these countries has helped us facilitate they work to transform their economy and join but Bulgaria has modernized its reve- our relations with those emerging democracies in a new, modern, prosperous, and democratic nue collection system, and has adopted and active trading partners. Europe. a very comprehensive value-added tax. Finally, this Member congratulates the chair- I hope my colleagues will join in supporting Now, that is something that we are man of the Ways and Means Trade Sub- this measure, which should help Bulgaria by going to hear more about in our future committee, Mr. CRANE, and the ranking minor- providing it with most favored nationÐor around here, but the gentleman from ity member, Mr. RANGEL, for their leadership MFNÐtrade status for its exports to the United Illinois is here, and I urge the adoption on this important legislation. Their effort is ap- States. of this bill. preciated by this Member. Let us today voice our support for those Mr. Speaker, I yield back the balance There are four major reasons that Bulgaria positive steps that Bulgaria has taken since of my time. has earned most-favored-nation status. First, emerging from communism just a few short Mr. CRANE. Mr. Speaker, I yield my- Bulgaria has received MFN treatment since years ago, and urge it forward toward a pros- self such time as I may consume. 1991 through the waiver process, and has perous and democratic future. Mr. Speaker, before we conclude this been found to be in compliance with the free- Mr. CRANE. Mr. Speaker, I yield exchange on this important piece of dom of emigration requirements of the Trade back the balance of my time. legislation, I want to take this oppor- Act of 1974. Second, Bulgaria has reversed The SPEAKER pro tempore. The tunity briefly to pay tribute to the many years of Communist dictatorship and question is on the motion offered by former chairman of our Committee on has instituted a constitutional republic, a the gentleman from Kentucky [Mr. Ways and Means and the man under democratically elected government and basic BUNNING] that the House suspend the whom I served when he was chairman market-oriented reforms. The Bulgarian people rules and pass the bill, H.R. 2853. of the Subcommittee on Trade. I refer, enjoyed their first direct Presidential elections The question was taken. of course, to the gentleman from Flor- in 1992. Third, Bulgaria is in the process of Mr. BUNNING of Kentucky. Mr. ida [Mr. GIBBONS]. acceding to the World Trade Organization Speaker, I object to the vote on the March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1675 ground that a quorum is not present (A) gambling in the United States, includ- (3) FAILURE TO OBEY A SUBPOENA.—If a per- and make the point of order that a ing State-sponsored lotteries, casino gam- son refuses to obey a subpoena issued under quorum is not present. bling, pari-mutuel betting, and sports bet- paragraph (1), the Commission may apply to The SPEAKER pro tempore. Pursu- ting; and a United States district court for an order ant to clause 5, rule I, and the Chair’s (B) existing Federal, State, and local pol- requiring that person to appear before the icy and practices with respect to the legal- Commission to give testimony, produce evi- prior announcement, further proceed- ization or prohibition of gambling activities dence, or both, relating to the matter under ings on this motion will be postponed. and to formulate and propose such changes investigation. The application may be made The point of no quorum is considered in those policies and practices as the Com- within the judicial district where the hear- withdrawn. mission shall deem appropriate. ing is conducted or where that person is f (2) MATTERS STUDIED.—The matters studied found, resides, or transacts business. Any by the Commission shall include— failure to obey the order of the court may be b 1145 (A) the economic impact of gambling on punished by the court as civil contempt. NATIONAL GAMBLING IMPACT the United States, States, political subdivi- (4) SERVICE OF SUBPOENAS.—The subpoenas of the Commission shall be served in the AND POLICY COMMISSION ACT sions of States, and Indian tribes, both in its positive and negative aspects; manner provided for subpoenas issued by a Mr. HYDE. Mr. Speaker, I move to (B) the economic impact of gambling on United States district court under the Fed- suspend the rules and pass the bill other businesses; eral Rules of Civil Procedure for the United (H.R. 497) to create the National Gam- (C) an assessment and review of political States district courts. bling Impact and Policy Commission, contributions and their influence on the de- (5) SERVICE OF PROCESS.—All process of any as amended. velopment of public policy regulating gam- court to which application is to be made The Clerk read as follows: bling; under paragraph (3) may be served in the ju- dicial district in which the person required H.R. 497 (D) an assessment of the relationship be- tween gambling and crime; to be served resides or may be found. Be it enacted by the Senate and House of Rep- (E) an assessment of the impact of patho- (b) INFORMATION FROM FEDERAL AGEN- resentatives of the United States of America in logical, or problem gambling on individuals, CIES.—The Commission may secure directly Congress assembled, from any Federal department or agency such families, social institutions, criminal activ- information as the Commission considers SECTION 1. SHORT TITLE. ity and the economy; necessary to carry out the provisions of this This Act may be cited as the ‘‘National (F) a review of the demographics of gam- Act. Upon request of the Chairman of the Gambling Impact and Policy Commission blers; Commission, the head of such department or Act’’. (G) a review of the effectiveness of existing SEC. 2. ESTABLISHMENT OF COMMISSION. agency may furnish such information to the practices in law enforcement, judicial ad- Commission. There is established a commission to be ministration, and corrections to combat and known as the National Gambling Impact and (c) DETAIL OF GOVERNMENT EMPLOYEES.— deter illegal gambling and illegal activities Any Federal Government employee may be Policy Commission (in this Act referred to as related to gambling; the ‘‘Commission’’). detailed to the Commission without reim- (H) a review of the costs and effectiveness bursement, and such detail shall be without SEC. 3. MEMBERSHIP. of State, Federal, and Tribal gambling regu- interruption or loss of civil service status or (a) NUMBER AND APPOINTMENT.— latory policy; privilege. (1) GENERALLY.—The Commission shall be (I) an assessment of the effects of advertis- composed of 9 members, appointed from per- SEC. 6. COMMISSION PERSONNEL MATTERS. ing concerning gambling, including— (a) COMPENSATION OF MEMBERS.—Subject to sons specially qualified by training and expe- (i) whether advertising has increased par- the limitation provided in subsection (e), rience to perform the duties of the Commis- ticipation in gambling activity; each member of the Commission who is not sion, as follows: (ii) the effects of various types of advertis- an officer or employee of the Federal Gov- (A) three appointed by the Speaker of the ing, including the sponsorship of sporting ernment shall be compensated at a rate House of Representatives; events; equal to the daily equivalent of the annual (B) three appointed by the majority leader (iii) the relationship between advertising rate of basic pay prescribed for level IV of of the Senate; and and the amount of the prize to be awarded; the Executive Schedule under section 5315 of (C) three appointed by the President of the and title 5, United States Code, for each day (in- United States. (iv) an examination of State lottery adver- cluding travel time) during which such mem- (2) CONSULTATION BEFORE APPOINTMENT.— tising practices, including the process by ber is engaged in the performance of the du- Before the appointment of members of the which States award lottery advertising con- ties of the Commission. All members of the Commission (including to any vacancies), tracts; Commission who are officers or employees of the appointing authorities shall consult with (J) a review of gambling that uses inter- the United States shall serve without com- each other to assure that the overall mem- active technology, including the Internet; pensation in addition to that received for bership of the Commission reflects a fair and (K) a review of the extent to which casino their services as officers or employees of the equitable representation of various points of gambling provides economic opportunity to United States. view. residents of economically depressed regions (b) TRAVEL EXPENSES.—Subject to the lim- (3) TIMING OF APPOINTMENTS.—The appoint- and to Indian tribes; itation provided in subsection (e), the mem- ing authorities shall make their appoint- (L) a review of the effect of revenues de- bers of the Commission shall be allowed ments to the Commission not later than 60 rived from State-sponsored gambling on travel expenses, including per diem in lieu of days after the date of the enactment of this State budgets; and subsistence, at rates authorized for employ- Act. (M) such other relevant issues and topics ees of agencies under subchapter I of chapter (b) DESIGNATION OF THE CHAIRMAN.—The as considered appropriate by the Chairman 57 of title 5, United States Code, while away from their homes or regular places of busi- Speaker of the House of Representatives and of the Commission. majority leader of the Senate shall designate ness in the performance of services for the (b) REPORT.—No later than 2 years after Commission. a Chairman and Vice Chairman from among the Commission first meets, the Commission (c) STAFF.— the members of the Commission. shall submit a report to the President and (c) PERIOD OF APPOINTMENT; VACANCIES.— (1) IN GENERAL.—The Chairman of the Com- the Congress which shall contain a detailed Members shall be appointed for the life of mission may, without regard to the civil statement of the findings and conclusions of the Commission. Any vacancy in the Com- service laws and regulations, appoint and the Commission, together with its rec- mission shall not affect its powers, but shall terminate an executive director and such ommendations for such legislation and ad- be filled in the same manner as the original other additional personnel as may be nec- ministrative actions as it considers appro- appointment. essary to enable the Commission to perform priate. (d) INITIAL MEETING.—No later than 60 days its duties. The employment of an executive after the date on which all members of the SEC. 5. POWERS OF THE COMMISSION. director shall be subject to confirmation by Commission have been appointed, the Com- (a) HEARINGS AND SUBPOENAS.— the Commission. mission shall hold its first meeting. (1) The Commission may hold such hear- (2) COMPENSATION.—Subject to the require- (e) MEETINGS.—The Commission shall meet ings, sit and act at such times and places, ments of subsection (e), the executive direc- at the call of the Chairman. administer such oaths, take such testimony, tor shall be compensated at the rate payable (f) QUORUM.—A majority of the members of receive such evidence, and require by sub- for level V of the Executive Schedule under the Commission shall constitute a quorum, poena the attendance and testimony of such section 5316 of title 5, United States Code. but a lesser number of members may hold witnesses and the production of such mate- The Chairman of the Commission may fix hearings. rials as the Commission considers advisable the compensation of other personnel without SEC. 4. DUTIES OF THE COMMISSION. to carry out the purposes of this Act. regard to the provisions of chapter 51 and (a) STUDY.— (2) ATTENDANCE OF WITNESSES.—The at- subchapter III of chapter 53 of title 5, United (1) IN GENERAL.—It shall be the duty of the tendance of witnesses and the production of States Code, relating to classification of po- Commission to conduct a comprehensive evidence may be required from any place sitions and General Schedule pay rates, ex- legal and factual study of— within the United States. cept that the rate of pay for such personnel H 1676 CONGRESSIONAL RECORD — HOUSE March 5, 1996 may not exceed the rate payable for level V tween gambling and crime, including considering the legalization of gam- of the Executive Schedule under section 5316 organized crime. bling in various forms, are often vul- of such title. Based upon this extensive committee nerable to exaggerated claims about (d) PROCUREMENT OF TEMPORARY AND record and personal study, I concluded the positive effects of gambling and the INTERMITTENT SERVICES.—The Chairman of the Commission may procure temporary and that a study commission on gambling prospects for painless revenue genera- intermittent services under section 3109(b) of in the United States is a good idea. As tion. Just 3 months ago, a Maryland title 5, United States Code, at rates for indi- the Washington Post proclaimed in its State study commission concluded: viduals which do not exceed the daily equiva- headline for an editorial endorsing the The Maryland Congressional delegation lent of the annual rate of basic pay pre- bill: ‘‘For Once, a Useful Commission!’’ should support the immediate creation of a scribed for level V of the Executive Schedule The Post went on to observe that national commission to study issues related under section 5316 of such title. ‘‘commissions can * * * play the useful to commercial gaming and should rec- ommend that the commission complete its (e) LIMITATION.—No payment may be made role of bringing to national attention under the authority of this section except to work within one year. the extent provided for in advance in an ap- issues that were previously submerged States are unable to confidently make de- propriation for this purpose. or debated in fragmentary ways.’’ cisions about casino gaming because of com- SEC. 7. TERMINATION OF THE COMMISSION. In my view, it is particularly timely petitive concerns about the decisions of their The Commission shall terminate 30 days for us to have a balanced, impartial, neighbors and because of the inadequate data and analysis available to them. The Task after the date on which the Commission sub- and comprehensive look at whether or Force believes that the proposed national com- mits its report under section 4. not the spread of gambling is good for mission on gambling, currently being considered The SPEAKER pro tempore (Mr. this country. Over the last two dec- by Congress, could make a significant contribu- ROGERS). Pursuant to the rule, the gen- ades, legalized gambling has expanded tion to public policy development. tleman from Illinois [Mr. HYDE] and extensively throughout our country. Final Report of the Joint Executive- the gentleman from Massachusetts Currently, 48 States allow some form of Legislative Task Force to Study Com- [Mr. FRANK] each will be recognized for legalized gambling. We have State-con- mercial Gaming Activities in Mary- 20 minutes. ducted lotteries, riverboat gambling, land, December 1995, at xiv (emphasis The Chair recognizes the gentleman Indian gambling, and casino gambling. added). from Illinois [Mr. HYDE]. For better or worse, gambling has be- I also want to stress that I have lis- Mr. HYDE. Mr. Speaker, I yield my- come a commonplace part of the Amer- tened to the critics of H.R. 497 as intro- self such time as I may consume. ican culture. Just this week, the Wash- duced, and they too have some valid (Mr. HYDE asked and was given per- ington Post illustrated the explosive points to make. In particular, they said mission to revise and extend his re- growth of gambling: that they do not fear the outcome of an marks.) What had been a mob-infested vice has be- objective study. However, they did ex- Mr. HYDE. Mr. Speaker, National come state-approved fun—a new national press concern that the Commission as Gambling Impact and Policy Commis- pastime. While 70 million people attend pro- proposed in the original version of H.R. sion Act (H.R. 497) would create a na- fessional baseball games each year, 125 mil- 497 might be biased against gambling tional commission to study the eco- lion go to government-sanctioned casinos. per se and that it was only charged nomic and social impact of gambling in Adults now spend more money gambling with looking at the negative effects of than they spend on children’s durable toys. gambling. our country. Three times more pilgrims from around the The legislation is the concept of our world visit the pyramid-shaped Luxor Hotel I believe that this Commission can do colleague, and my good friend, Con- in Las Vegas than visit Egypt. Casinos rake the most good if its study is as neutral, gressman FRANK WOLF of Virginia. in more profits than movie houses and thea- objective, and comprehensive as pos- This measure is on the floor of the ters and all live concerts combined. sible—considering the views of all sides House largely because of his articulate The Washington Post, March 3, 1996 of this issue. In that spirit, I proposed advocacy and persistence. A study of at A1. a committee amendment in the nature the impact of gambling on our soci- Many believe that this widespread of a substitute to H.R. 497, which the ety—focusing on both its positive and expansion of legalized gambling has Judiciary Committee adopted on a negative aspects—will be a helpful tool had numerous negative effects. In some voice vote. for policymakers at the Federal, State, instances, this conclusion is undoubt- My substitute included the vast ma- jority of the provisions contained in and local government levels. FRANK edly true. For example, many opportu- H.R. 497 as originally introduced, but it WOLF has identified a very important nities to gamble are now available to added language so as to assure that all public policy issue and he deserves high minors who are not ready to make a points of view would be represented on praise for his efforts. mature judgment about the nature of the Commission. Specifically, the bill On September 29, 1995, the full Judi- this kind of activity. Furthermore, ciary Committee held a hearing on now requires that the appointing au- compulsive gamblers frequently have a thorities consult together to ensure H.R. 497. At that time, we heard from negative, sometimes tragic, impact on that the overall makeup of the Com- 15 witnesses, including 8 Members of their families. mission fairly and equitably represent Congress. Also, subsequent to our hear- The traditional linkage between various points of view. It also drops the ing, the committee received 15 addi- gambling and crime is also an obvious requirement that one seat on the Com- tional statements for the record from concern. To give just one example, a mission go to a State Governor. I want other interested organizations and in- GAO report issued in January con- to avoid going down the difficult road dividuals. cluded that ‘‘the proliferation of casi- of specifying which group gets what During our hearing, we heard vir- nos, together with the rapid growth of seat on the Commission because I be- tually every point of view on gambling the amounts wagered, may make these lieve that is a decision better left to and its effects. For example, we had operations highly vulnerable to money the collective wisdom of the appointing testimony on the problem of compul- laundering.’’ General Accounting Of- authorities—the President, the Speak- sive gambling. We also heard from a fice, ‘‘Money Laundering—Rapid er, and the majority leader of the other university professor focusing on the Growth of Casinos Makes Them Vul- body. economic aspects of gambling—that is, nerable,’’ GAO/GGD–96–28, B–259791 In addition, the amendments add lan- job creation, impact on tourism, State (January 1996) at 2. As gambling con- guage that would require the Commis- and local government revenue, et tinues to spread, these negative effects sion to study both the positive and cetera. We also heard testimony from and others spread with it. negative aspects of the economic im- the chairman of the National Indian In addition, the proponents of H.R. pact of gambling. I believe that the op- Gaming Association, documenting how 497 have pointed out the lack of reli- ponents of H.R. 497 will agree that the emergence of an Indian gambling able information about the actual ef- these changes are a good-faith effort to industry in recent years has had a posi- fects of gambling. We simply need bet- address their concerns about the fair- tive impact on employment, economic ter and more accurate scientific and ness and balance of the Commission. development, and overall self-suffi- behavioral data concerning gambling. At the Judiciary Committee hearing, ciency for Indian tribes. Still others Because of this lack of information, I heard members of the committee ex- testified regarding the relationship be- State and local policymakers, who are press particular concern about the March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1677 issue of advertising concerning gam- amendment, and it is part of the sub- garding State gaming policy issues bling activities. Because of that con- stitute text we consider today. I want must be directed to State and local cern, the amendment adds language to thank Chairman DON YOUNG for his governments. But it does not. Does this that would require the Commission to cooperation in this matter. I also want mean new costly Federal laws or regu- study that issue. At the suggestion of to note that by cooperating with the lations will be implemented on gaming our colleague, Congressman HOKE, we Resources Committee, the Judiciary at a time when we are working to re- added even further specificity to the Committee does not waive any of its duce regulation? And, once again, when advertising language, and I appreciate traditional jurisdiction over Federal our States are the best ones to be han- his contribution and his willingness to gambling statutes and gambling issues dling this issue, why are we advocating work with us on this issue. generally. more Federal intrusion? Senator DICK LUGAR, as well as the I think all of these changes make the A final point I’d like to make is that Governor of my own State of Illinois, bill more balanced and comprehensive, if we are going to have a study, this Gov. Jim Edgar, raised the issue of and I appreciate the contributions of bill should be inclusive of all forms of gambling through the Internet and all of these members in working with gaming present in 48 of the 50 States other interactive technologies. The us to make this a better bill. including casino gaming, State lotter- amendment adds language directing I have discussed the various changes ies, charitable gaming, Native Amer- the Commission to look at this aspect contained in my substitute amend- ican gaming, Internet gaming, sports of the issue. We have also added lan- ment, as well as the Resources Com- betting, horse and dog racing and other guage that will require the Commission mittee amendment, with Congressman pari-mutuel activities. Why does this to study the impact of revenue from WOLF, and he has indicated his full sup- bill exclude charitable gaming from its State-sponsored gambling on State port for all of these changes. study? If you want a study on gaming, budgets. With respect to all of these I urge my colleagues to adopt the im- why are we picking and choosing, rath- changes, my thinking is that the more provements embodied in the committee er than including every type of gam- comprehensive the Commission’s study amendment and to pass H.R. 497 as ing? is, the more useful it will be. amended. Mr. Speaker, we don’t need another Mr. Speaker, I yield 3 minutes to the Another major change the amend- costly Federal study and we don’t need gentlewoman from Nevada [Mrs. ment would make is to shorten the more intrusion on our States’ right to VUCANOVICH]. time period for the study commission guide their existence. I urge defeat of from 3 to 2 years. The Maryland study Mrs. VUCANOVICH. Mr. Speaker, I rise today in opposition to this legisla- this bad legislation. commission urged that we make the tion, H.R. 497, which would create a na- Mr. FRANK of Massachusetts. Mr. time period even shorter. This will re- tional gambling commission to study Speaker, I yield 2 minutes to the gen- duce the costs involved with this ef- the impact of gaming on this country. tleman from New York [Mr. LAFALCE], fort. The amendment also made My time is short and my opposition is a cosponsor of the bill. changes of a technical and conforming (Mr. LAFALCE asked and was given well documented in my testimony last nature. permission to revise and extend his re- During committee consideration of year before the Judiciary Committee. But I believe, Mr. Speaker, what we marks.) this bill, Congressman BONO, Congress- are about to do here today goes against Mr. LAFALCE. Mr. Speaker, I rise in man SCHIFF, and Congressman everything this new Congress is sup- support of H.R. 497, the National Gam- GALLEGLY expressed concerns about posed to stand for—and that is limiting bling Impact and Policy Commission whether the proposed Commission the ever increasing intrusion of the Act. I wish to commend my colleague would end up being overly biased Federal Government into our everyday from Virginia [Mr. WOLF], for his ef- against gambling operations in gen- lives. Gaming and its regulation has forts and his leadership in bringing this eral, and Indian gambling operations, been the sole responsibility of our indi- legislation to the House floor today. in particular. I worked with these vidual States and it is my belief that The legislation before us today ad- members to craft language to amend this is where that responsibility must dresses issues and concerns that I have H.R. 497 to address these concerns. remain. Creation of a national gaming sought to bring to the attention of These changes include: First, language commission to study the impacts of Congress since 1994. As chairman of the to clarify that the Commission is to gaming simply infringes on that right Committee on Small Business, I con- study all forms of commercial gam- and we should be taking a very dim ducted hearings in 1994 that docu- bling include State lotteries, casino viewpoint of that action. mented the rapid proliferation of ca- gambling, pari-mutuel betting, and Quite honestly, Mr. Speaker, this sino gambling throughout the United sports betting; second, language that proposed commission leaves the States States and examined the economic im- clarifies that the study of political out in the cold. The proponents claim pact of Government-sponsored gam- contributions should include all politi- that the purpose of the study is for the bling on small businesses, on individual cal contributions that influence public States to be well informed about the communities, and on the Nation as a policy on gambling, not just those of gaming industry. First, let me say that whole. gambling operators; and third, lan- the States are extremely well informed Based on the findings of those hear- guage originally suggested by Con- about what their job is and they don’t ings, I introduced in 1994 the National gressman FRANK that would require need Washington to tell them how to Policies Toward Gambling Review Act the Commission to study the extend to do it. After all, they deal with the reg- to authorize a Federal study of the eco- which casino gambling has provided ulation of gaming on a daily basis. But nomic and social implications of this economic opportunity for Indians and this proposed commission avoids the widespread growth of legalized gam- residents of economically depressed State’s expertise by precluding our bling. This proposal, like that intro- areas. I also agreed to add language to Governors, State legislators, mayors, duced by Mr. WOLF, creates a new na- the report that further addresses their and locally elected officials from a tional commission, along the lines of concerns about the fairness of the major role in the study. This is of such the commission that last studied gam- makeup of the Commission. concern that in a recent letter, Gov- bling in 1976, and would expand its Subsequent to our consideration of ernor Roy Rowland of Connecticut, study to all aspects of gambling in all the bill, the Resources Committee cited his deep concern and specifically States and localities. I reintroduced sought and received sequential referral requested that State and local law- my bill in the current Congress as H.R. of the bill to review specifically its ef- makers have representation on the 462, and was delighted to sign on Mr. fect on Indian gambling. After its con- commission. WOLF as my first cosponsor. When he sideration, that committee made a sug- The approach taken by this bill is the subsequently introduced his most simi- gestion of one amendment that would usual Washington-knows-best syn- lar bill, H.R. 497, I was pleased to sign clarify the bill’s description of the drome. Let’s just say, I object to that on as his lead cosponsor. gambling regulatory policies to be premise. The 1994 Small Business Committee studied so that it now includes tribal This legislation should also require hearings convinced me that widespread regulatory policy. I have accepted that that commission recommendations re- legalized gambling has raised serious H 1678 CONGRESSIONAL RECORD — HOUSE March 5, 1996 questions that few local officials, and economy, discretionary spending is di- tracting spending from other States, American society generally, are pre- verted from other forms of entertain- the task force said that the issue must pared to address. The hearings also ment and consumer expenditures to ca- be addressed on at least a regional, if confirmed what a New York Times ar- sinos and other gambling establish- not national, basis. The task force also ticle headline had proclaimed several ments. Restaurants, hotels, and other concluded that, given the limited sta- weeks earlier, that gambling is now competing local businesses lose reve- tistical and economic analysis avail- bigger than baseball as a national pas- nues and fail. Scarce resources are di- able, it needed far more information to time. Some 125 million people visited verted to the least productive local ac- understand all potential consequences casinos in 1994, a whopping 36 percent tivities and economic wealth becomes of initiating casino gambling. increase from 92 million in 1993. Annual concentrated in fewer and fewer hands. Contrary to the arguments of some attendance at professional baseball In short, rather than the economic in the gambling industry, the bill be- games averaged only 70 million. Casino panacea promised by gambling promot- fore us today does not seek to restrict revenues increased by a whopping 33 ers, the opposite of economic develop- or regulate organized gambling, nor is percent between 1993 and 1994, from $30 ment appears to be occurring in many it intended as a preliminary step to- billion to $40 billion, and easily exceed communities. ward such regulation. It merely re- the combined revenues for other major The social costs of gambling also sponds to a growing public demand for leisure activities, including movies, have become more visible as gambling more and better information about books, recorded music, spectator has spread to more locations. However, gambling. And it responds to requests sports, theme parks, and arcades. there is little comprehensive data, for by officials in Maryland and elsewhere Americans wagered $462 billion on all example, on the costs of gambling-re- for a broad analysis of gambling that forms of legalized gambling in 1994, lated crimes, on personal losses and can incorporate information from all more than the entire gross national bankruptcies or on lost jobs and work States and from Indian tribal jurisdic- product of Communist China. More time due to gambling. Nor do we know tions. than $360 billion was wagered in casi- the costs inflicted on families in terms As State and Federal funding for so- nos in 10 States and on Indian reserva- of gambling-related alcoholism, abuse, cial services and other programs con- tions in 24 States, most of which were divorce, or suicide. tinue to decline, local officials will built after 1991. All but three States Recent studies in Iowa and Missouri come under even greater pressure to now permit parimutuel betting, slot found that between 3 to 6 percent of heed promises of new revenue and machines, video poker, keno, bingo, or gamblers become compulsive gamblers greater prosperity in legalized gam- other forms of gambling. And 36 States and that a large percentage of compul- bling. It is imperative that these offi- actively encourage gambling with gov- sive gamblers resort to crime to cover cials, and the public generally, have all ernment-run lotteries. their losses. Other studies have esti- This is a far different situation than mated the public costs of each problem the information available to make rea- existed when the last national commis- gambler, in terms of treatment, serv- soned and prudent policy decisions. sion issued its report on gambling in ices and court expenses, as between Nearly 2 years have passed since I 1976. Legalized gambling was then con- $13,000 and $35,000. Even at the lowest first proposed legislation to create a fined to Nevada, and was under consid- cost estimate, according to witnesses national commission to study gam- eration in Atlantic City. The focus of in our 1994 hearing, an increase in gam- bling. It was needed then, it is impera- the commission’s study was the influ- bling addiction of only one-half of 1 tive now. I urge adoption of this impor- ence of organized crime in gambling, percent of a State’s adult population tant legislation. not the various economic and social would translate into added costs of $73 Mr. HYDE. Mr. Speaker, I yield 3 implications of widespread gambling million a year in a small State like minutes to the gentleman from Vir- across the country. For Nevada, and Iowa and more than $780 million in new ginia [Mr. WOLF], the chief sponsor of later Atlantic City, gambling provided costs in a large State like California. this bill. what experts termed a monopoly ex- Such costs could eventually nullify any (Mr. WOLF asked and was given per- port economy—the popular conception economic gains from gambling. mission to revise and extend his re- of gambling as a model for economic Concern with the economic, social marks.) development in which new jobs, higher and moral implications of Government- Mr. WOLF. Mr. Speaker, I rise in tax revenues, and other economic bene- sponsored gambling has created some- strong, strong support of this bill. The fits are created for a local economy by thing of a public backlash against the bill has over 150 to 160 cosponsors. tourists from other locations. This gambling industry. In the November Let me begin by thanking Chairman model offered the added benefit of hid- 1994 elections voters from Florida to HYDE personally for his work on this ing the economic and social problems Wyoming rejected 90 percent of all effort. I want to commend the gen- of gambling—including bankruptcies, State and local referenda to legalize or tleman. I appreciate the good work gambling addiction and crime—which expand gambling operations. Last No- that he has done. I also want to thank tourists simply took home with them. vember, gambling initiatives were de- As gambling has spread across the feated in Washington and Massachu- Alan Coffey, who I have known for United States, and even to locations on setts, while special panels in Maryland about 30 years, for his outstanding our border with Canada, it has become and Connecticut rejected new casino work; and lastly for Joe Gibson, your clear that this model of gambling as proposals. This suggest a growing pub- staff, and your other staff people who economic development is no longer ef- lic consensus that the pace of future have done a superb job. fective. States and localities now com- casino development should be more This is important. There are now 48 pete with Indian reservations, with measured and that future growth of States that have some form of gam- other States and with other countries gambling generally must be given bling, whether it be lottery, casino to lure potential gamblers or, at mini- greater scrutiny at the local, State, gambling, and whatever the case may mum, to keep their own gambling reve- and national levels. be. This is important to stop and take nues at home. Casinos that were touted A report issued in November by a a close look at it. Now, there are going as bringing jobs and economic enrich- special Maryland task force to study to be many other things, and I have ment to communities in 1994 are now casino gambling is particularly in- spoken from the floor on this issue going bankrupt. structive and highlights two of the many, many times. What we now have is an economic most important issues in the legisla- I believe it is inappropriate, the model of gambling that the casino in- tion before us today. In recommending spread of gambling that has taken dustry itself refers to as ‘‘convenience’’ against casino gambling, the task force place in the country. All you have to gambling. Rather than confining gam- concluded that casino gambling is an do is read the Washington Post series bling to specific locations for purposes issue Maryland cannot address on its that was on Sunday and Monday and of economic development, gambling is own. Since the economic benefits of Tuesday and again tomorrow to see made readily available to all potential gambling come largely from reductions that from two States we have grown to customers. In a convenience gambling in other consumer spending or by at- roughly 48 States. March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1679 Let me just say—it is not in my gambling. It does not tax gambling. It does not ing the slots with their children's lunch money statement—for the record, powerful in- regulate gambling. It merely recognizes that or the Northeast Mississippi Daily Journal arti- terests in this city have been hired to gambling is spreading throughout the country cle that indicated that more money was bet in derail this bill. Prominent people in like wildfire and it needs a hard look. This is casinos, $29.7 billion, in 1994 than was spent the Republican Party and prominent our responsibility as Federal legislators to cre- on all taxable sales, $27.6 billion, in the State. people in the Democratic Party from ate a commission to bring together all the rel- No longer can we ignore reports of teenagers the K Street corridor have been hired evant data so that Governors, State legisla- so addicted to gambling that they prostitute to detract and derail and stop this bill. tors, and citizens can have the facts they need their girlfriends to pay off their mob debts. And This bill is going to pass today by an to make informed decisions. Congress will no longer be able to disregard overwhelming vote. There literally is In the early 1970's Congress was con- accounts of Americans so distraught over their very, very little opposition because it cerned about problems related to gambling, mounting gambling debts that their only per- is a fair study that the American peo- and it established a commission similar to the ceived recourse is suicide. ple want to see. What is the impact one pending before the House today. Since Mr. Speaker, America has begun to focus with regard to economic cannibaliza- the Commission on the Review of the National on the issue of gambling and its related prob- tion, what impact does it have, and Policy Toward Gambling issued its 1976 re- lems. By passing H.R. 497 today, Congress what is the impact with regard to cor- port, gambling has greatly expanded, and it will take a meaningful step toward bringing to- ruption and political contributions? has grown in many ways that are contrary to gether all the relevant data so that Governors, What is the impact to social aspects the recommendations of that early report. In State legislators, and citizens can have the with regard to Gamblers Anonymous 1976 only two States had casino gambling. facts they need to make informed decisions. and things like this? Today, every State but two have some form of Mr. Speaker, I include for the RECORD four So we are going to watch it, and I ap- legal gambling. According to U.S. News & editorials in support of this legislation, as fol- preciate the efforts in the House. It is World Report, people wagered $482 billion in lows: bipartisan. We have the gentleman 1994 on all forms of gambling, 85 percent of [From the Saturday Oklahoman, Oct. 28, from Illinois [Mr. HYDE] and the gen- which took place in casinos in 27 States, most 1995] tleman from Michigan [Mr. BONIOR]. I of them built in the past 5 years. As gambling STUDY COULD HELP remember one day I was giving a 1- proliferates in casinos, on riverboats, on Indian The battle over legalizing casino gambling minute speech and the gentleman from reservations and elsewhere, problems such as in Oklahoma apparently will be fought at crime, political corruption, cannibalization of the polls instead of in the courtroom. Michigan got up and said, ‘‘I want to be Casino proponents have gathered 202,993 on that bill.’’ We have come together existing businesses, gambling addiction, family signatures on petitions to place the proposal in the best interest of this body. breakups, and suicide appear to be a growing on the ballot, the secretary of state says. A In closing, I appreciate the Speaker and unfortunate consequence. It is time for leading opponent says his group believes it of the House, the gentleman from Geor- Congress to take a comprehensive look at would be useless to challenge the petition, gia [Mr. GINGRICH], making this a pri- gambling and its associated problems. based on past Supreme Court rulings. In- ority item to bring up, and also the The gambling industry and its proponents stead, foes will focus on defeating the pro- posal, possibly at the time of the presi- gentleman from Texas [Mr. ARMEY] in argue that this study is not needed because dential primary on March 12. Casino boosters not allowing some of these people that this issue should be left up to the States. Well, Governors Lowry, Washington; Bush, Texas; want to question on the November 1996 gen- are—and I am reluctant to get into eral election ballot. their names—who have been hired by Dean, Vermont; Carper, Delaware; Sundquist, In either case, Oklahomans will have time the gambling interests to derail this Tennessee; Merrill, New Hampshire; to study the issue and should try to get all bill. Cayetano, Hawaii; Voinovich, Ohio; and the information they can to help them make My closing comment is, I personally Racicot, Montana disagree and support H.R. their decision. care about this almost as much as I 497. I have heard from many State attorneys Of interest in this respect is an editorial in The News Journal of Wilmington, Del. It care about a lot of things that we are general and legislators who also support a na- tional study of gambling. H.R. 497 has re- raises concerns about casinos due to open taking. I am going to watch what hap- this year at Delaware racetracks. pens on this bill. I am going to watch ceived wide editorial support as well from pa- News stories in the paper estimate perhaps and see what takes place over in the pers such as the Washington Post, Dallas $400 million will be poured into 1,200 slot ma- Senate. Morning News, Los Angeles Times, Cincinnati chines the first year. But the profit to the What I would ask is those who have Enquirer, Philadelphia Inquirer, Richmond- state would be only $8 million, about 2 per- some problem with this bill, this bill Times Dispatch, Capital Times, Madison, WS, cent of the wagering. The slot machines ought to be allowed to pass, whereby Sacramento Bee, Chicago-Sun Times, Sun- would return 90 percent or more to the bet- Sentinel, Fort Lauderdale, FL. Also, this legis- tors, with the rest going to track owners, we can set up a national commission, purses for the horses, slot machine leases whether it be for 18 months or 2 years, lation is supported by the Christian Coalition, Traditional Values Coalition, Concerned and state administrative costs, according to whereby 9 men and women of decency the paper. and honesty who are not tied into any Women for America, American Family Asso- The editorial worries about the potential particular community can look at and ciation, Focus on the Family, Family Research for abuse existing in all aspects: gambling examine this issue. Council, and others. Recently, a coalition of 16 contractors, casino employees, bettors, own- Again, I want to thank the gen- churches in America wrote the House and ers and operators. It notes that smaller oper- Senate leadership in support of this important ations like Delaware’s are considered more tleman from Illinois [Mr. HYDE] and his susceptible to corruption than the big gam- staff very, very much from the bottom legislation. Why do so many Governors, State attorneys bling meccas, like Atlantic City and Nevada. of my heart. general, State legislators, and citizens support ‘‘While much is said about the possible Mr. Speaker, as the original sponsor of the benefits from slots to racing and new jobs, H.R. 497? The reason is that there exists little pending legislation, I rise in ardent support of businesses and revenue, how much is really credible or reliable information about gam- H.R. 497, the Gambling Impact and Policy known about the influence of organized bling, and much of the information that does crime, the potential for political corruption Commission Act and appreciate your schedul- exist is produced by the gambling industry it- ing this important legislation for floor consider- and the social toll on individuals and fami- self. Joseph Tydings and Peter Reuter, chair- lies?’’ the paper asks. ation. Also, I would like to take a moment to man and executive director respectively of The editorial supports legislation pending recognize the diligent efforts of the chairman Maryland's Joint Executive Legislative Task in Congress to establish a National Gambling of the Judiciary Committee and his able staff Force to Study Commercial Gambling, in an Impact and Policy Commission to help states in guiding this legislation through the commit- evaluate the effects of legalized gambling. opinion article which ran in the Washington Such a study could also prove useful also for tee process. It was a pleasure working with Post, wrote: Chairman HYDE in bringing this bipartisan bill Oklahoma as it is confronted by efforts to The problem of legal casino gambling is a expand gambling activities in the state. to the floor. national one. . . . The problem cries out for Mr. Speaker, H.R. 497 is complicated. It attention from the President and Congress. [From the Indianapolis News, Feb. 29, 1996] would charge the National Gambling Impact Unfortunately, the casino industry has mobi- LOOKING AT THE FACTS and Policy Commission with the duty of mak- lized cash and lobbyists to prevent Federal Since it’s only a study commission, it ing an objective, comprehensive, and impartial action on the issue. might be pertinent to wonder why the gam- legal and factual assessment of gambling. Let Mr. Speaker, Congress can no longer turn a bling industry wants to delay or water down me be clear. This legislation does not outlaw blind eye to the stories of poor mothers play- House Resolution 497. H 1680 CONGRESSIONAL RECORD — HOUSE March 5, 1996 This proposal, by Rep. Frank Wolf, R-Va., As recently as 1984, just two states, Nevada governments all over the country to sponsor would establish a national commission to and New Jersey, allowed casino gambling. their own forms of gambling through lotter- study the economic and social impact of le- Today nearly half the states have casinos on ies and other games. The idea was that a por- galized gambling. land, water or Indian reservations. Only tion of the public treasury would be filled The problem for the gambling industry is Utah and Hawaii have no state-sanctioned with money ‘‘voluntarily’’ handed over in the fact that such studies tend to hurt their gambling. bets. Once Atlantic City got going, many cause. Researchers who study this business The increase in the number of gambling economically strapped communities that keep finding unpleasant facts and informa- outlets clearly seems to have changed the saw no other way to support themselves fig- tion that make it harder for the industry to public’s betting habits. According to the ured they too should get a piece of the ac- make its case to local and state govern- General Accounting Office, between 1984 and tion. Jobs in casinos look mighty attractive ments. 1994 the annual amount bet on legalized gam- to the unemployed and underemployed, and University of Illinois economist Earl ing—including casinos, lotteries, parimutual local officials staring at huge local budget Grinols, for example, keeps coming up with betting and sports books—jumped by 137%, problems tend to look kindly on any new studies showing that the economic develop- from $147 billion in 1984 to $482 billion in revenue sources. Finally, there was the 1987 ment claims offered by the industry are ex- 1994, more than twice the current annual Supreme Court ruling legalizing gambling on aggerated or false. He finds that off-track budget deficit that consumes so much con- Indian reservations, which opened up whole betting outlets, for example, do not gen- gressional attention. new areas of the country to gambling—and erally bring new economic development to a Rapid-fire expansion of legal wagering has gave a new moral justification to casinos as community but transfer discretionary spend- meant new jobs and tax revenues to state Native American leaders argued that their ing from retail businesses such as res- and local governments, but it has also re- people were at last getting their due. taurants to gambling establishments. sulted in serious problems. Though most of This is how large social changes happen— Additionally, the facts on gambling addic- the evidence is anecdotal, signs of the social in small increments that no one notices tion are devastating to legalized gambling and economic downside are proliferating, much until a big transformation has taken promoters. The financial costs are difficult from housewives blowing monthly household place. Mr. Wolf and his allies are suggesting to pinpoint precisely, but they run into the budgets to sharp-suited toughs showing up in that on gambling, the country look ahead billions of dollars when all factors are town. before it is too late, or too complicated, to weighed. Families wind up on welfare when What is the extent of gambling addiction? turn back. fathers or mothers get addicted. Crime in- Has its expansion increased criminal activ- Mr. FRANK of Massachusetts. Mr. creases as the addicted turn to theft, forgery ity? Has political corruption become a prob- lem? Is there a multiplier effect on jobs from Speaker, I yield 2 minutes to the gen- and other such practices to feed this habit. tleman from American Samoa [Mr. But the human cost is harder to weigh. Some gaming? Or does legal betting drain money people have committed suicide. Others wind away from other businesses and drive them FALEOMAVAEGA]. up all but abandoning their children in favor into the ground? Mr. FALEOMAVAEGA. Mr. Speaker, of this form of entertainment. As it now stands, there are no clear an- I would like to engage the distin- Wolf’s proposal is timely. Critics claim the swers to these questions. Opponents, includ- guished chairman of the committee in issue is a state or local matter. But the fed- ing the American Gaming Assn., argue that a brief colloquy. eral government allows Indian gambling ini- by involving itself in an expansive gaming Was it the intent of the Committee tiatives to circumvent state or local govern- study, the federal government is potentially on the Judiciary to include the U.S. ment jurisdiction, and there are other na- interfering in local matters. But this is only Territories, Commonwealths, and pos- a study. If gambling is the sure-fire winner tional implications of legalized gambling’s sessions within the meaning of the proliferation in recent years. that proponents say it is, there ought to be Sen. Richard Lugar, R-Ind., has made a nothing to worry about. terms ‘‘United States,’’ ‘‘States,’’ and proposal similar to Wolf’s, offering it in his ‘‘political subdivisions of States’’ as presidential campaign. Lugar and Wolf have [From the Washington Post, Oct. 3, 1995] used in section 4 of this legislation? been joined by many other members of Con- GAMBLING NATION? Mr. HYDE. Mr. Speaker, will the gen- gress. In Indiana, newspaper publisher On the opposite page, Rep. Frank Wolf (R- tleman yield? George Witwer, as a candidate for governor, Va.) makes a strong case for his bill to set up Mr. FALEOMAVAEGA. I yield to the has called for a state study commission, and a National Gambling Impact and Policy gentleman from Illinois. legislation in the General Assembly may be Commission. His point is hard to refute: If Mr. HYDE. Yes, Mr. Speaker, it is adopted to provide for a legislative study the United States’ headlong rush into be- our intent that the U.S. Territories, committee on the subject. coming Gambling Nation is a great idea— Commonwealths, and possessions be in- The Washington Post warns that the gam- good for business, for the social order, for cluded in H.R. 497, as the gentleman bling industry will be trying to stop or delay government revenues—surely a fair-minded the national proposal in Congress. A recent commission would discover such a thing. has stated. editorial noted: ‘‘The gambling industry has And please, no talk about ‘‘undue govern- Mr. FALEOMAVAEGA. I thank the a great deal of money, has been making large ment interference with free enterprise.’’ As distinguished gentleman. campaign contributions and recently hired Mr. Wolf points out, there is absolutely Mr. Speaker, while having some res- some of Washington’s most influential lob- nothing in his bill that involves taxing or ervations which I will note later, I rise byists. We have no doubt that the industry regulating gambling. He simply suggests today in support of H.R. 497. can bring a lot of pressure against this bill that states and localities that get inundated Mr. Speaker, the amount of gambling and construct some ingenious strategies to with pro-gambling propaganda—and politi- has increased considerably in the Unit- weaken it.’’ cians who get inundated with political con- ed States over the last two decades. Congress ought to listen to Wolf, Lugar tributions from gambling interests—get a and others calling for a study commission on While before many Americans were chance to see how all the arguments for confined to gambling in the States of this issue. There is much at stake, as such a gambling pan out in reality. commission would point out. What needs to be understood in this debate Nevada and New Jersey, or to pari- is that the central issue is not the end to all mutuel betting, today fully 48 of the [From the Los Angeles Times, Mar. 5, 1996] legalized gambling in America—this is not a States of the United States participate TAKING A HARD LOOK AT GAMBLING replay of the arguments over Prohibition. in some form of gambling. This has Rocked to attention by the explosion of For better or worse, most Americans seemed provided a new stream of revenue for legal gambling across the country in the to accept the situation that existed some State and municipal treasuries, which past two decades, Congress is belatedly, but years ago in which large-scale casino oper- has in turn provided additional services sensibly, considering legislation calling for a ations were confined to the states of Nevada to the residents of those States. comprehensive national study on the social and New Jersey. This sent powerful mes- The issues this legislation tries to and economic effects of gambling. Lobbyists sages: that casino gambling was not a rou- accuse government of trying to stack the tine activity and that communities had good address are very comprehensive, and I deck to expand its regulatory reach. But reason not to turn themselves over to gam- commend the chairman and members without a study and reliable data, what con- bling. The nation effectively accepted that of the Judiciary Committee for trying clusions can be drawn? many people liked to gamble, but it also ac- to address these issues. For most The bipartisan legislation, endorsed by 143 cepted that organized commercial gambling Americans, gambling provides leisure- cosponsors in the House and 16 in the Senate, was not the sort of activity that ought to be- time entertainment. For a small mi- calls for the creation of a commission to con- come a routine part of life. Implicit in this nority, however, many of whom are duct a two-year national study of the effects national compact was an understanding that those who least can afford to lose their of gambling. Its recommendations are ex- the potential for crime and political corrup- limited earnings or savings, gambling pected to provide guideposts for states and tion ought to be contained. Call it the en- localities in dealing with legal gambling’s clave theory of gambling. is an addictive, destructive habit. The transformation from sleepy enterprise to a Several things have happened since. One is question is, as a matter of public pol- national economic force. that popular resistance to taxes has moved icy, Are the drawbacks to permitting March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1681 gambling so destructive that legal The U.S. Government does not have Mr. HYDE. Yes, Mr. Speaker, it is gambling should be restricted or elimi- the money to make all the capital im- our intent the commission would be nated? provements needed on the reservations, free to study the public safety cost While I am not a gambler, as I noted and through the Indian Gaming Regu- that gambling operations, including earlier, gaming activities are being latory Act, Congress has established a those operations on Indian reserva- used by almost all States for public system to pay for improvements in In- tions, impose on local law enforcement purposes. Gaming operations are also dian country through voluntary, pri- agencies. I believe that is implicit in now being used by American Indians vate contributions. After 500 years of subparagraphs A, D, G, H, and M of throughout our country to raise money mistreatment, this is one Indian pro- subsection 4(a)(2). for improvements to schools, hospitals, gram I feel good about—it is voluntary, Mr. RIGGS. I thank the gentleman. I and roads on their Indian reservations. efficient, and privately funded. strongly support the legislation. As a member of the Committee on Re- I have heard accusations that Indian Mr. Speaker, I want to bring to Members' at- sources, I am especially concerned that gaming is fraught with criminal activ- tention a matter of importance brought about Indian gaming not be unfairly targeted ity including Mafia and other syn- from the proliferation of gaming operations in should this legislation become law. dicate-type operations, but the truth is northern California. My concern is that there may be in- these allegations have been inves- Mr. Speaker, I am a strong supporter of the dividuals who want to use this bill in tigated by Federal authorities and they National Gambling Impact and Policy Commis- an attempt to stop or curtail gaming are unfounded. In fact, at hearings I sion Act. I believe, however that it is important throughout the United States, and that helped organize, the Federal Bureau of to clarify one aspect of the legislation. this opposition is centered on moral Investigation testified before the House Like many other regions of hte Nation, the grounds but more particularly, that Subcommittee on Indian Affairs during Indian tribes in northern California are estab- this is an attack on the successes the 104th Congress that there is no lishing gaming operations in order to provide a which have been achieved by American truth to these allegations. Indian gam- much needed source of revenue for de- Indians through gaming. ing is a well-managed, highly regulated pressed rural areas. If this were truly a moral concern, activity providing widely disbursed While, I support the efforts of native Amer- why is the Commission being empow- public benefit. ican communities to establish a self-sufficient ered to study only gaming? Why not I appreciate the willingness of the form of revenue, the residual impacts of the also include the study of alcohol con- Committee on Judiciary to remove gaming operations on local communities are sumption, the use of cigarettes and to- some of the most egregious anti-In- having unanticipated consequences. bacco among teenagers and adults, and dian-gaming provisions contained in Not long ago, the Elem Indian colony, in abortion, too? Are those activities any H.R. 497, as it was introduced. Given Lake County, CA, erupted in 5 days of shoot- more or less moral than gaming? Congress’ efforts over the years to ing over control of two casinos where video Again, for those who may be deter- monitor and regulate this activity, I poker and pool are played. On more than one mined to eliminate Indian gaming, I am concerned that other amendments occasion, the county swat team and law en- find it very unfair to target only gam- offered by the Committee on Resources forcement officials have been called to the ing in this Commission. Those of us on were not included in the legislation to scene to prevent the continuation of hostilities the Committee on Resources are famil- ensure Indian gaming received fair con- between the two competing factions. Tensions iar with the long-standing problems sideration. For example, given the ex- on the reservation are high and are directly at- within Indian country. By most, if not tent to which Indian gaming is feder- tributable to the operation of the gaming facili- all measures, our American Indians are ally regulated, and the complexity of ties. at the bottom of the ladder when it. those regulations, I believe it would be The resulting hostilities have been a drain comes to housing, income, education, beneficial to include on the Commis- on local law enforcement. The county govern- or any other measure of economic de- sion persons with an expertise in this ment is not recompensed for its services relat- velopment. Here are a few facts which area. ing to the reservation. portray the dismal conditions in which I also want to express my concern I would hope that the Commission would many of our first Americans live. with the limited time in which the study the financial and public safety costs of I ask my colleagues to keep in mind Committee on Resources was afforded Indian gaming operations on county and mu- that the locations of the reservations to consider this bill. H.R. 497 was re- nicipal law enforcement. on which many American Indians now ferred to the Committee on Resources Although the legislation does not directly ad- live, are not locations of their choos- for the period beginning December 21, dress this topic, I have noticed that section 4, ing. Many tribes were forcibly moved 1995, through February 28, 1996, most of subsections D, G, and H, include reviews re- to these reservations from much more which time the House was adjourned or lating to crime and the effectiveness of law en- desirable locations at which they could in pro forma session. forcement and regulatory polity as it relates to and did provide for themselves. Finally, I want to express my appre- Indian Gambling. It would seem to me that the Fact: the life expectancy of an Amer- ciation to Chairman HYDE for his will- Commission should address the impact and ican Indian is 47 years; the life expect- ingness to include the territories in cost of native American gaming operations on ancy of all Americans is 78 years. this legislation. county law enforcement. Fact: the 1990 census determined that b 1200 It is my hope that the Commission will ad- 30.9 percent of our Nation’s Indians live Mr. HYDE. Mr. Speaker, I yield 1 dress the concerns of northern California com- in poverty; the poverty rate for the minute to the distinguished gentleman munities, and communities across the Nation U.S. population was 13.1 percent. from California [Mr. RIGGS]. that reside near native American gaming facili- Fact: in 1991, the unemployment rate (Mr. RIGGS asked and was given per- ties? on Indian reservations was 45 percent; mission to revise and extend his re- Mr. FRANK of Massachusetts. Mr. for the United States, when that num- marks.) Speaker, I yield such time as she may ber goes above 7 percent we take sig- Mr. RIGGS. Mr. Speaker, I would like consume to the gentlewoman from nificant action to reduce it. to engage the gentleman in a brief col- Texas [Ms. JACKSON-LEE]. I could go on, but I think my point is loquy. (Ms. JACKSON-LEE of Texas asked clear: the Indians are in trouble, and Is it the intent of the Committee on and was given permission to revise and they can use whatever assistance is the Judiciary that the Commission be extend her remarks.) available. free to study the public safety costs Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, through the judicious that gambling operations, including Speaker, as a member of the Commit- use of gaming operations, Indian coun- those operations on Indian reserva- tee on the Judiciary, I rise in support try is slowly pulling itself up the lad- tions, impose on local government and of H.R. 497, for it covers an area that der of life. Indian gaming is a well-reg- local law enforcement agencies? provides information for all of us to ulated system that is serving its pur- Mr. HYDE. Mr. Speaker, will the gen- move forward and to ensure that gam- pose remarkably well. No one is forced tleman yield? bling is not hurtful. to gamble and all the profits received Mr. RIGGS. I yield to the gentleman Mr. Speaker, I am pleased to cosponsor this by the tribes go directly to tribal uses. from Illinois. important legislation, which establishes a nine- H 1682 CONGRESSIONAL RECORD — HOUSE March 5, 1996 member Commission to study gambling in the Something is going on, and you can Mr. FRANK of Massachusetts. Mr. United StatesÐincluding gambling on Indian relate it to a lot of different things; the Speaker, I yield 2 minutes to the gen- reservations, State-sponsored lotteries, casino stagnant wages of 80 percent of the tleman from Michigan [Mr. KILDEE]. gambling and sports betting. population who have not seen an in- (Mr. KILDEE asked and was given Gambling has become an important part of crease in wages basically, real in- permission to revise and extend his re- American life. Americans are betting and los- crease, since 1979, may attribute to marks.) ing more money each year than it spends on that. I mean, are we really to the point Mr. KILDEE. Mr. Speaker, the ques- all spectator sports combined. Gambling has the American dream means pinning tion we face today is not whether one also become a major source of revenue for your hopes on a weekly basis on the is for or against gaming. The fact is many State governments. I am concerned, lottery? that gambling has been part of our so- however, that we do not completely under- We have got to look at this. There ciety for a long, long time—and it stand the impact of gambling on our society. are serious social implications with re- probably will continue to be that way. Just yesterday, the Washington Post re- spect to gambling. Gamblers Anony- The question we face today is what role ported the story of a Louisiana woman who mous, in Illinois, did a study. A third should the Federal Government play in became addicted to video poker. She de- of the people said they lost or quit regulating gambling. I am not sure scribed it as an addiction as powerful as any their jobs because of gambling. Sev- what that role should be. I am not con- drug. This woman squandered her entire sav- enty-six percent said they missed time vinced that today’s system of checks ings, including a trust reserved for her from work because of gambling. Forty- and balances is broken. Today, the grandson's education, on the video poker four percent had stolen from work to States have been used as the primary games which are in many of the State's bars pay for gambling debts. It goes on and regulatory body that oversees commer- and restaurants. Do State governments that on and on. cial gaming. Like my friend from Mas- push gambling have any responsibility for peo- I am conflicted by this issue, because sachusetts, I thought the Republicans ple who become hooked was just one ques- of how the native Americans in our would be happy knowing that the tion that the article asked. country have been become resourceful States are regulating gaming oper- The Commission established by this bill and done well economically because of ations—much like the Republicans would be required to conduct a comprehen- this, and I understand that concern, want the States to regulate WIC, sive, legal and factual study of the impact of and it is a legitimate concern that we school lunch programs, welfare, and gambling on Federal, State, and Tribal govern- have to face. Medicaid. ments in an attempt to answer some of the But it seems to me, with all of this But if this study is going to happen, questions that have arisen from the Nation's proliferation of gambling in the coun- it should not be used as a vehicle to at- new obsession. try, we need to really have a serious, tack Indian gaming and the sov- The Commission would also study the influ- rational look at it, and I support the ereignty of tribal governments. Mr. ence of political contributions on the develop- efforts on the part of my colleagues Speaker, if one was reading the Wash- ment of public policy regulating gambling, as bringing this up, and commend the ington Post this morning, they may be well as the relationship between gambling and gentleman from Illinois [Mr. HYDE] and led to believe that Indian tribes who crime. The bill requires the Commission to re- the gentleman from Virginia [Mr. engage in gaming are basically unregu- view the effectiveness of existing practices in WOLF]. lated entities operating casinos across law enforcement, judicial administration, and Mr. HYDE. Mr. Speaker, I yield 1 the country. But as we know, nothing corrections to combat and deter illegal gam- minute to the gentlewoman from Utah could be further from the truth. The bling and illegal activities related to gambling. [Mrs. WALDHOLTZ]. fact is that Indian gaming is the most The bill also directs the Commission to study Mrs. WALDHOLTZ. Mr. Speaker, I heavily regulated gaming industry in the effects of advertising and whether it in- rise in strong support of H.R. 497, the America. The tribes have three layers creases participation in gambling activities. National Gambling Impact and Policy of regulatory bodies they have to deal America has become a gambling nation. Commission Act, of which I am proud with. The tribes themselves have their This bill will study the effects, both positive to be a cosponsor. own law enforcement and court sys- and negative, of our new favorite pastime and I want to commend the gentleman tems to provide oversight on the res- I believe it is important to do so. from Virginia [Mr. WOLF] and the gen- ervations. And tribal regulatory and Mr. FRANK of Massachusetts. Mr. tleman from Illinois [Mr. HYDE] for control standards are generally equal Speaker, I yield 2 minutes to the gen- their leadership on this important leg- or greater than State or industry tleman from Michigan [Mr. BONIOR], islation. standards. The tribes must also deal the minority whip. Mr. Speaker, we dearly need a com- with a host of Federal regulators—in- (Mr. BONIOR asked and was given mission to study effects of gambling in cluding the Department of Justice, the permission to revise and extend his re- the United States. One only needs to FBI, the IRS, and the Department of marks.) read the front page of last Sunday’s Interior. And as a result of the Indian Mr. BONIOR. Mr. Speaker, I do not Washington Post to understand why. Gaming Regulatory Act of 1988, the come at this issue as a Pollyanna. I Legalized gambling in the United States have also been given a role to mean, I have on rare occasions bought States has exploded 2,800 percent in the limit Indian gaming during the com- a lottery ticket and played the ponies last two decades, from $17 billion in pact process. in my day. 1974 to $482 billion in 1994. Mr. Speaker, another fact is that in I must be very frank with you, Mr. As has been earlier stated, Americans Indian country, the money generated Speaker, I watch this gambling explo- lost $40 billion of what they bet, more from gaming must, by law, be used for sion now in the last two decades since than 6 times what Americans spent on purposes to benefit the tribes. Today, 1974. It really has become something all spectator sports combined. We need the tribes employ 140,000 people nation- we as a country really need to look at to ask ourselves what this explosive wide, with about 85 percent being held and study. growth is doing to our economy, our by non-Indians. The tribes have used Two decades ago we spent $17 billion communities and to our families. their gaming dollars to build schools, on gambling in this country; in 1994, There is disturbing evidence of urban homes, and health clinics to better $482 billion. Americans lost $40 billion decay, public corruption, despair and serve their members. But I have some of what they bet, more than 6 times suicide among addicted gamblers. We real concerns about this bill. I am con- what they spent on all spectator sports must know for certain what the net ef- cerned that while this Commission will combined, and while 70 million people fects of legalized gambling are. focus a great deal of its time on Indian attend professional baseball games The stakes are too high to let these gaming, there is no guarantee that a each year, 125 million go to govern- questions go unanswered, and I urge person from Indian country will even ment-sanctioned casinos. Adults spend my colleagues to support this impor- be a member of the Commission. I hope more money gambling than they spend tant legislation so that we can have any Senate bill will include a provision on children’s durable toys. Lottery the facts as we make decisions about requiring two members of the Commis- ticket sales have increased 829 percent what role gambling should play in our sion be from federally recognized tribes since 1982. country. who engage in gaming. Finally, Mr. March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1683 Speaker, I remain deeply concerned There is no evidence that such a study is that educational funds for our children that there are some people in the even necessary. The gambling operations of have been enhanced because of the rev- House who would like to use this bill as the native American tribes, which would be enues that they receive from the gam- a vehicle to attach amendments that one of the subjects of this study, have shown ing industry. would be detrimental to Indian gam- no evidence of any connection with organized Mr. Speaker, I strongly urge a ‘‘no’’ ing. If this bill passes the House and criminal activity. The bill does not provide a re- vote on this bill. moves over to the Senate, I would hope quirement that there be native American mem- Mr. HYDE. Mr. Speaker, I yield 1 that body would reject any attempt to bers of the Commission. minute to the gentleman from Indiana add such amendments to this bill. Such The bill's study does not cover all forms of [Mr. ROEMER]. a move would be unwise and counter- gambling. (Mr. ROEMER asked and was given productive. It would lead many people Indian gambling has produced hundreds of permission to revise and extend his re- who support this bill, to actively op- thousands of jobs, both directly and indirectly, marks.) pose it. and has been of tremendous economic bene- Mr. ROEMER. Mr. Speaker, I thank Mr. HYDE. Mr. Speaker, I yield 1 fit. This is the first time that the tribes have the gentleman for yielding me this minute to the gentleman from Guam been able to bring in a significant amount of time. I would like to begin by saluting the [Mr. UNDERWOOD]. revenue, and they have used it for hospitals, gentleman from Virginia [Mr. WOLF] Mr. UNDERWOOD. Mr. Speaker, I schools, and other improvements to their com- for his hard work on this particular thank the chairman for yielding time munities. to me. bill. Creating this Commission will create an- We are hearing a lot about what this I rise in support of H.R. 497, which other Federal bureaucracy which will have would establish a national commission bill is and what it is not. I think one of subpoena power. our former Presidents once said, ‘‘Edu- to study the impact of gambling in Regardless of one's position on whether America. cation is expensive, but ignorance is gambling is a positive or negative force, the even more expensive.’’ This bill is Numerous studies have been con- States and localities must decide for them- ducted on the impact of gambling, about educating the American people. selves, and they are already doing so. It is not about mandating the States. studies which have generated a variety Mr. FRANK of Massachusetts. Mr. It is about getting information out to of conclusions, largely dependent on Speaker, I yield 2 minutes to the gen- the people about what the gaming in- who funds them. tleman from New Jersey [Mr. This commission will be unique in dustry and the gambling is doing to LOBIONDO]. that it will hopefully provide an objec- our small businesses and our families (Mr. LOBIONDO asked and was given tive and dispassionate view of the eco- and our wages. That is what this is permission to revise and extend his re- nomic and social effects of gambling. about. marks.) This kind of information is vital if we I recommend the ‘‘Luck Business’’, Mr. LOBIONDO. Mr. Speaker, I are to make responsible decisions by Robert Goodman, to see some of the proudly represent the Second District about commercial and governmental devastating consequences that gaming of New Jersey, which includes Atlantic gambling. is having in our small communities. City and the casino industry in Atlan- If gambling continues to generate Second, this is about values. Our val- tic City. New Jersey also has a State popularity as a revenue-generating ues in American society are not to say lottery and racing and other types of mechanism, we will need accurate in- to our children, ‘‘Go out and win the legalized betting. formation in order to help State, terri- lottery. We are going to go out to 7– In turn, New Jersey is able to provide torial, local governments, and Indian Eleven and buy enough tickets and go programs for senior citizens, programs tribes make decisions about gambling. gaming and gambling, and that is the Earlier in this debate, the gentleman for the disabled and programs for way to make the American dream.’’ It from American Samoa [Mr. schoolchildren that would not be there is about hard work and sacrifice and if it were not for this source of reve- FALEOMAVAEGA] and the chairman, the commitment. nue. gentleman from Illinois [Mr. HYDE], en- So let us study and see what this pro- tered into a colloquy to clarify the roll Mr. Speaker, this is not an area for liferation of gambling is having on of territories in this legislation. I sup- the Federal Government to get in- American families and American small port the effort of my friend in that re- volved in. It is an area that has been businesses. That is all this bill does. gard. run by the States. It is an area that Mr. FRANK of Massachusetts. Mr. I am especially interested in what has been based on the approval by the Speaker, I yield 2 minutes to the gen- the commission’s findings will reveal people of those States. tleman from California [Mr. MILLER], about the affects of gambling on our Gaming includes a wide variety of ac- the ranking member of the Committee local economies. My home of Guam is tivities in States. It involves racing, on Resources, which should have had considering legalizing casino gambling lottery, sports betting, charitable gam- jurisdiction over this bill. as a way to attract more tourists to ing, and the casino industry. (Mr. MILLER of California asked and our island. I do not think it is nec- I would like to at least suggest that was given permission to revise and ex- essary, but we need information in this study be completed by those in- tend his remarks.) order to make that decision better and volved in the industry at the State and Mr. MILLER of California. Mr. more effective for our local commu- local level, those who know it best, and Speaker, I rise in support of this reso- nity. that its results be shared with States lution, and I want to commend the gen- Support H.R. 497. and local governments, and that if Fed- tleman from Virginia [Mr. WOLF] for Mr. FRANK of Massachusetts. Mr. eral issues are to be examined, that the bringing it to our attention and the Speaker, I yield such time as he may agenda should focus on Indian gaming gentleman from Illinois [Mr. HYDE] and consume to the gentleman from New and gaming on the Internet. the Committee on the Judiciary for re- Mexico [Mr. RICHARDSON]. I can tell you, Mr. Speaker, what this porting it. (Mr. RICHARDSON asked and was study is going to find. It is going to I wish that our committee would given permission to revise and extend find that there were a lot of jobs that have spent more time on it because of his remarks.) were created because of the industry, its significant impact on Indian gam- Mr. RICHARDSON. Mr. Speaker, I good-paying jobs, with good benefits. It ing in this country. rise against the bill because of its neg- is going to find that has been a reduc- But I think with the proliferation of ative impact on native Americans. tion in the welfare roles because people gambling in the United States, we have Mr. Speaker, a National Gambling Commis- have been put to work. It is going to got to ask these questions. We have got sion is in many ways an unnecessary intrusion find a highly regulated industry that is to start to have some answers as to the by the Federal Government into the business extremely well run. It is going to find real impacts of gambling. There is a lot of State and local and tribal governments. It that services provided to the elderly of impact that appears at first, and a will cost millions of dollars to fund the Com- and disabled would not have been there lot of it appears positive, but there are mission and its study, which can surely be put if this industry would not be allowed to obviously some ongoing studies, anec- to better use. flourish, and it is also going to find dotal evidence from communities that H 1684 CONGRESSIONAL RECORD — HOUSE March 5, 1996 some of it that is so positive in the be- cent since 1974Ðfrom $17 to $482 billion in Gambling is a drug, an addiction just like al- ginning maybe turns out not to be the 1994. Moreover, the $40 billion in revenue cohol or cocaine. The bottom line is that the case later. raised in 1994 from all gambling related activi- gambling industry and State legislatures do ties is more than all of the combined revenue b 1215 nothing to stop the promotion of gambling as raised from movie theaters, sporting events, family entertainment. They are willing to watch I must also say that I am concerned theme parks, cruises, and music concerts. small businesses fail, crime spread, and fami- that this resolution starts to get into a The economic impact of gambling on com- lies fall apartÐall to raise revenue, precious number of areas that are beyond those munity businesses can be devastating. Money revenue. See, gambling is a State tourist at- generic questions as to the impact of that would normally be invested into local traction, as are theme parks and ski resorts. gaming on our families and our com- economies is instead being thrown away at munities and our social structure. the nearby casino. Local merchants, retailers, Mississippi generates two-thirds of its gam- Many of the areas where States have and restaurantuers are seeing business dry up bling revenue from out of State, mainly from made decisions, the people have voted because the money that people used to spend Florida and Tennessee. People flood into Mis- to engage in this activity, and we do on their goods and services is being gambled sissippi and spend their money, then they not get back into trying to create some at the card table, the slot machine, the scratch leave and take their problems home with type of Federal regulatory body. off lotto cards. them. But I think the resolution on balance The reality of individual and family owned It is estimated that Gamblers Anonymous businesses going out of business is exacer- is a good one. I would hope that the groups have almost doubled to over 1,000 bated by the corporate structure of casinos. members of the Commission will re- since 1990. Is this what we want to perpetuate main sensitive to the unique status of Casinos provide cheap food and entertainment on site in order to keep gamblers near the ac- in the United States? State-supported addic- the Indian tribes and the laws and the tion? Is it worth destroying peoples lives, fami- treaties governing those tribes and the tion, and to keep spending money. So, in lies, the moral backbone of our Nation, just to laws that govern their ability to con- order for restaurants to remain competitive make some money? I certainly think not. duct gambling as a result of State ac- and attract business, or just to take advantage tivities in which those tribal lands re- of a State's liberal gambling regulations, many We must move forward and scrutinize the side. restaurants generate more money from their impact of gambling on all levels. Support Con- So I hope that this Commission will video poker machines than they do from sell- gressman WOLF's legislation. Our Nation can't be productive, and I hope that it will be ing food. afford to do without it. able to report back to us, so that deci- And, as individual dependency on gambling grows, so too do the loss of homes and jobs. Mr. HYDE. Mr. Speaker, I am pleased sions can be made by us, I think indi- to yield 2 minutes to the gentleman vidually, because I think we are going Families are faced with bankruptcy and unpaid from Ohio [Mr. HOKE]. to find out most of these decisions re- bills. Divorces increase, families break up, and side with the States, as they have prop- chronic gamblers contemplate suicide. Theft Mr. HOKE. Mr. Speaker, I thank the erly in the past. But maybe this na- and crime increase. Crime rates are twice as gentleman for yielding me time, and I tional Commission will have enough high in places with gambling. In 1994, towns appreciate the chairman for bringing with casinos saw a 5.8-percent jump in crime status so that local communities and this bill to the floor, and I appreciate while the national average fell 2 percent. And, States can make informed decisions be- the work of the gentleman from Vir- a 7.7-percent increase was seen at places fore plunging into the further expan- with casinos in operation for less than a year. ginia [Mr. WOLF], as well. sion of gambling before they know the People such as Betty Yakey, a 65-year-old Mr. Speaker, I have a particular in- results and whatever the downside may woman from Louisiana, lose $190,000 to the terest in one section of this that the be. lures of gambling. In doing so, she used up Mr. HYDE. Mr. Speaker, I yield such committee was gracious enough to ac- her grandson's college savings. Other people time as she may consume to the gen- cept as part of this. I am on the com- in Betty Yakey's position sell off possessions tlewoman from New Jersey [Mrs. ROU- mittee and was glad to be able to add and file false theft reports to collect insurance KEMA]. this. to feed their habit. This habit not only destroys (Mrs. ROUKEMA asked and was the life of the gambler, but also the lives of It has to do with the effects of adver- given permission to revise and extend spouses and children, and in Betty Yakey's tising concerning gambling. Because her remarks.) case, grandchildren. Gambling is not just an my concern with respect to gambling Mrs. ROUKEMA. Mr. Speaker, I individual problem, but one that a whole family advertising, as with the advertising of thank the gentleman for yielding me must face together. And, it is an issue that other vices, such as alcohol and to- time. must be recognized and addressed by gam- bacco, is that what happens is some- Mr. Speaker, I rise in strong support bling interests. thing that is essentially negative and of this legislation. I might remark, as However, the irony in all of this is that those bad, for a person gets glamorized and one from New Jersey, which has a responsible for making sure that gambling misleads the public into thinking that strong gambling casino industry, nev- habits like Betty Yakey's continue to be fed there is something very positive and ertheless I believe this is a study that are the same people who are responsible for is long overdue. I rise in strong sup- fulfilling and wonderful and glamorous writing gambling regulations and issuing ca- about partaking in this. port. sino licenses. These are our State legislators, Mr. Speaker, I rise in strong support of this many of whom have been corrupted by the What happens with our legislation is legislation which would set up a commission gambling lobby. that it calls for a review, particularly, to study the impact of gambling on our Nation. State legislators facing sagging economies and an assessment of the effects of ad- I also do this as one from New Jersey a State justify gambling with the argument that, with- vertising concerning gambling, includ- that has a casino industry that is nationally out the revenue generated by gambling, they ing whether the advertising has in- prominent. This study is long overdue and I would be forced to either increase taxes or cut creased participation in gambling ac- commend my good friend from Virginia for his programs. But, they set gambling policy hav- tivity, the effects of various types of hard work on this important issue. In doing so, ing already received huge amounts of money advertising, including the sponsorship he has recognized what many of us have also from gambling interests within the State. In Illi- of sporting events, the relationship be- grown aware ofÐthat the moral, social, eco- nois in 1995, gambling PAC's contributed $1.2 tween advertising and the amount of nomic, and political ramifications of gambling million to State legislators, including almost the prize that is going to be awarded, are far too great to go unaddressed any $100,000 each to the Governor and the House and an examination of State lottery longer. We must carefully evaluate what has Republican and Democratic leaders. In Louisi- advertising practices, including the become an uncontrollable epidemic that has ana, gambling put more money into cam- process by which States award lottery destroyed peoples lives and families. paigns than the next four industries combined. advertising contracts. All we need to do is look at the staggering In 1994, gambling interests gave $3.1 million statistics on gambling. The amount of money to parties and candidates, making them one of I think it is terribly important, be- legally gambled has skyrocketed by 2,800 per- the top five special interest contributors. cause what it strikes me is happening March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1685 is we are undermining and misleading none of them have that level of in- Where in the Constitution can anyone the public with respect to creating the volvement. If you own any part of any point out to me that this body has false impression that gambling is a le- company involved in casino gaming in oversight over legalized casinos that gitimate, bona fide, way to get rich New Jersey, you, your family, your fi- are regulated by a State? Nowhere in quick. That is really what is behind so nances, your holdings, are inspected. the Constitution. much of the advertising. I hope, Mr. Speaker, in the other Now, if one wants to regulate Indian I would also like to say, Mr. Speaker, body we can make this a commission gaming or regulate Internet gaming, and I am very happy about this, there that really involves the industry and that is interstate commerce, we cer- was an attempt in the telecom bill to our States in what is a State industry. tainly have the constitutional jurisdic- make casino gambling advertising Mr. HYDE. Mr. Speaker, I include for tion to do that. But we do not have the legal on television. That had been the RECORD a letter from the chairman jurisdiction in this body over regular brought in from the other body. When of the Committee on House Oversight casinos. in conference, and I was a conferee on with reference to this legislation. Second, this legislation should re- that committee, I was able, with the COMMITTEE ON HOUSE OVERSIGHT, quire that the study commission make help of the gentleman from Virginia HOUSE OF REPRESENTATIVES, recommendations regarding purely [Mr. WOLF], and a number of other peo- Washington, DC, March 5, 1996. State gaming policy issues, and that ple, to make sure that that specific Hon. HENRY HYDE, those recommendations be directed to section was knocked out. Chairman, Committee on the Judiciary, Wash- the States, not to this body. Because Mr. Speaker, we need this to find out ington, DC. DEAR CHAIRMAN HYDE: On Tuesday, March our biggest fear is that people will take exactly what the impact is of advertis- 5, the House will consider on the suspension this information into this body and ing on gambling. calendar, H.R. 497, to establish a Commission make either taxes, which the gen- Mr. FRANK of Massachusetts. Mr. to study the impact of gambling in the Unit- tleman from New Jersey [Mr. Speaker, I yield 2 minutes to the gen- ed States. TORRICELLI], referred to, or more regu- tleman from New Jersey [Mr. A portion of this legislation directs the lations. We feel that this is a thinly TORRICELLI]. Commission to study the impact of campaign veiled disguise for future regulation of Mr. TORRICELLI. Mr. Speaker, when contributions on public policy related to gambling. the gaming industry. This is purely a the 104th Congress began, it was our Under House Rule 10(h) 12 and 15 the Com- State issue that should stay at the mandate, it was alleged, to enhance the mittee on House Oversight has jurisdiction State and local level. role of State government, to reduce the over matters pertaining to ‘‘corrupt prac- Last, let me conclude by saying that role of Federal regulations, to ease the tices’’ and ‘‘the raising, reporting, and use of to improve this bill we should at least burdens on industry. And now here we campaign contributions for office of Rep- have local and State input. People on are, a year later, creating a new Fed- resentative. . . .’’ the gaming commission should at least eral commission to review an industry The parliamentarian has indicated in con- sultations with the Committee that the con- be local mayors, legislators, and State that has always been the province of sideration of this bill on suspension does not Governors. the State government, an industry constitute any precedent for avoidance of Mr. Speaker, I rise in strong opposi- about which the Federal Government this Committee’s jurisdiction in future mat- tion to this bill. has never been involved and has no ex- ters that relate to campaign finance as a Mr. FRANK of Massachusetts. Mr. pertise. And, to compound the problem, matter of Federal public policy. Speaker, I yield 1 minute to the gen- this new Commission will all be named I would appreciate your entering this let- tleman from Pennsylvania [Mr. ter as part of the record during the floor con- by elements of the Federal Govern- GEKAS]. sideration of H.R. 497. ment. No involvement by the attorneys Thank you very much for your cooperation Mr. HYDE. Mr. Speaker, I yield 1 general, who have enforced the laws for on this matter. minute to the gentleman from Penn- 200 years, no role by the State Gov- Sincerely, sylvania, even though the gentleman is ernors, who have had this responsibil- BILL THOMAS, bitterly hostile to what we are trying ity, and no role by tribal leaders, who Chairman. to do. now have the fastest growing element Mr. FRANK of Massachusetts. Mr. The SPEAKER pro tempore [Mr. of this industry. We have managed to Speaker, I yield 2 minutes to the gen- ROGERS]. The gentleman from Penn- ask a recommendation uniquely from tleman from Nevada [Mr. ENSIGN]. sylvania [Mr. GEKAS] is recognized for 2 the one element of government in the (Mr. ENSIGN asked and was given minutes. entire country with no expertise, no permission to revise and extend his re- Mr. GEKAS. Mr. Speaker, I thank knowledge, and no involvement. marks.) the gentlemen for yielding me time. Mr. Speaker, I see the realities that Mr. ENSIGN. Mr. Speaker, I have Mr. Speaker, the cost of this venture the Commission may carry the day. several contentions with this bill. First into the inquiry on gambling is going Let me at least suggest this: The other of all, I have heard testimony over the to be about $4 million. It occurred to body has a chance to improve it, get last year about that this bill is just a me that this Congress, and I approve of the Governors involved, get the indus- study, and what is wrong with a study? its measures to a large extent, is seek- try involved, get the tribal leaders in- One of the reasons for this study is just ing ways to cut spending, so the $4 mil- volved, to make it a better report. to give States the information so that lion you might say means nothing. We While I may still believe that it is they can make the decision about can gamble that away in 2 minutes. the role of the Federal Government whether they should have gambling le- But this same Congress, which is now that is not appropriate and I oppose galized or not, because there is the as- about to vote $4 million for this gam- the commission, let us at least for the sertion made that the States do not bling commission, has eliminated the record make this clear: The gentleman have the proper information to make Administrative Conference of the Unit- from Virginia [Mr. WOLF] in his state- that decision at this point. ed States, a little, small bureau that ment earlier made clear, this Commis- The sponsor of this bill, the gen- was very useful, which only cost $1.5 sion does not have a mandate for new tleman from Virginia [Mr. WOLF], his million. We zeroed it out to save $1.5 Federal taxes. It is my belief it does own State defeated a State measure million. And now, in a double or noth- not have a role in new Federal regula- that would have legalized gaming in ing mode, we are doubling the expendi- tions. I have heard no Member come to Virginia, even though they were out- ture for the purpose of this commis- this floor talking about new Federal spent, I think it was something like 16 sion. That is a little odd, and it gives taxes on this industry. to 1, by the casino industry to try to me a great discomfort about the prior- Let the record at least be clear on legalize it in that State. ities that my own leadership is trying this: this is the most taxed, most regu- State after State after State is de- to set in cutting the budget. That is lated, most inspected industry in the feating legalized casino gaming. It No. 1. United States today. In New Jersey seems that they do have the informa- Mr. Speaker, I just wanted to make alone we have 1,000 inspectors for 12 ca- tion to make the decision that is prop- one other observation. When the gen- sinos. The petroleum industry, the er for their own State. And that is my tleman from Michigan [Mr. BONIOR] chemical industry, the drug industry, biggest contention with this bill. was at the well, he very properly H 1686 CONGRESSIONAL RECORD — HOUSE March 5, 1996 enumerated a lot of different statistics and proposing recommendations and I have never heard so many Members about what others had learned and changes in what the States do. defending States rights. This is virgin other studies have created about the This confirms my view that there is territory for them, and I welcome them evils of gambling. That is the point. not on the other side any consistent to the ranks of States rights defenders, We all know what the evils of gam- belief in States’ rights. The people on but I almost began to imagine the bling are. We can call the Library of the other side believe that the issue Stars and Bars were being waved over Congress and in 6 minutes get every should be decided at that level of gov- there with some vigor because, God for- single report and analysis ever made on ernment where they will like the out- bid, the Federal Government cross into gambling and have it on this floor for come. a State to examine its gaming indus- final consideration of what evil gam- b 1230 try. bling poses to the American public, and There are many over there who do First of all, there is no proposal to we need no commission at all. We have not think that people should gamble. regulate here. There is no proposal to the information at hand. We know it is The States have, from their stand- tax. The only proposal is to recommend bad when gambling becomes a vice, not point, been lax. So forget about the changes. We do that every day in the just a play thing. States rights stuff. We will stick thousands. We are great change So I am eager, if at all, to defeat this Thomas Jefferson back on the shelf. We recommenders. But that would be resolution and go about the business of will spend millions of dollars to make based on a study made of an industry cutting the budget. these recommendations of what the that is indeed an interstate industry. It Mr. FRANK of Massachusetts. Mr. States are doing. I presume we will is a national phenomenon, and it deals Speaker, I yield myself the balance of probably be then asked to act on these with big, big money. It has an impact my time. on commerce. The SPEAKER pro tempore. The gen- things. By the way, whatever happened to tleman from Massachusetts [Mr. Money that is spent in a casino is not the notion of government not interfer- money that is spent in a local store or FRANK] is recognized for 31⁄2 minutes. ing with individuals? How dare these Mr. FRANK of Massachusetts. Mr. retail outlet, and that is fine. Let peo- adults earn money and go out and gam- Speaker, this has been the month of ple spend the money the way they ble. How dare they offend the morality self-repudiation by the Republican ma- want. Let them gamble up a storm. I of some of our friends on the other side jority. Last week, the Party of Free once heard about a slot machine that who do not think it is right. Enterprise brought forward a bill took wristwatches when you ran out of I read the Washington Post series. Do money. That is all right. Let it happen. which said that while the free enter- my colleagues know what it sounded prise system can handle telecommuni- But let us know about it. Let us study like yesterday? Prohibition of alcohol. it. Let us find out what the impact is cations and computers and auto- Sure, we can find in any human en- mobiles, it is not quite up to peanuts on our society, on our commerce, and deavor people who abuse it. There are on the people engaged in this activity. or sugar. So peanuts and sugar remain people who smoke too much and drink It is a legitimate activity. I would exempt from the free enterprise system too much and gamble too much and never want to declare it illegal. But in this Republican bill. they buy more expensive cars than what is wrong with learning something Now the party that talks about they ought to buy, and there are people about it? I do not think there is any- States’ rights is planning to spend mil- who watch too much C–SPAN and be- thing wrong with it. lions of Federal dollars on a study that come adversely affected. will, among other things, look into the But in a free society, in a free soci- All this bill does is set up a commis- enormous national question of, and I ety, particularly people who purport to sion. We assume and hope and expect quote from page 6, ‘‘an examination of distrust government do not answer that it will be fairly constituted by State lottery advertising practices, in- that by saying, The government will people of intelligence and integrity, cluding the process by which States tell you what to do with your money; and at the end of the 2 years we will award lottery advertising contracts.’’ you are not doing it wisely. That is ob- know something about a major indus- Apparently the States, now we are viously the premise behind this. try dealing with important money in going to test them. We are going to let Then, of course, we have the Indians, this country. I do not see anything them experiment with easier issues who have been running casinos quite wrong with that. like Medicaid, welfare, a few things successfully. And they listen to these Mr. BEREUTER. Mr. Speaker, this Member like that. Once they have shown that kinds of assaults on them and, as I is pleased to support H.R. 497, legislation to they can handle Medicaid and welfare, have said before, I believe that this establish a National Gambling Impact and Pol- then maybe we will let them handle kind of legislation further convinces icy Commission to study gambling in the Unit- the tough issue of lottery advertising native Americans that the only mis- ed States and recommend any appropriate contracts. take in Pat Buchanan’s immigration changes in public policy in light of the Com- Now, how do people who purport to policies is that they come 300 years too mission's findings. The results will provide an be advocates of States’ rights tell us late, because the native Americans objective body of data about the gambling in- we are going to spend millions of Fed- have been running the gambling quite dustry which does not currently exist. eral dollars to investigate the way the successfully and they have been bene- This issue is certainly worthy of examination States issue lottery contracts, and tell fiting from it. And here comes big and H.R. 497 is a reasonable step on which the States how to do it better? Because brother and sister, millions of dollars, to proceed. Over the past 10 years various on page 5 it says this commission shall forget about the States, forget about types of gambling have spread to most every look into gambling and make such the Indians, forget about individuals State. The expanded availability of gambling changes, it says, existing Federal, rights. We know better and we will tell has greatly increased the number of people State, and local policy and practices you what to do. It is wholly inconsist- participating in and the amount of money with respect to legalization and pro- ent. spent on gambling on a regular basis. Such a pose such changes in those policies and Mr. HYDE. Mr. Speaker, I yield my- large increase over such a short period of time practices as the commission shall deem self the balance of my time. certainly warrants a study of the issue. appropriate. The SPEAKER pro tempore (Mr. It should be noted that this legislation in no Here come big brother and sister, not ROGERS). The gentleman from Illinois way targets one type of gambling over an- out of the goodness of the heart, by the [Mr. HYDE] is recognized for 4 minutes. way, under this fiscally responsible (Mr. HYDE asked and was given per- other. Nor, for example, is it intended to con- Congress. These people will be paid at mission to revise and extend his re- centrate on Indian gaming more than chari- an annual rate of $115,000 a year for 2 marks.) table gambling or keno more than video poker. years, depending on how many meet- Mr. HYDE. Mr. Speaker, I hesitate to Mr. Speaker, this Member urges support for ings they have. They can self-pay. quote Shakespeare, and probably H.R. 497. They can generate meetings for them- inartfully, but me thinks ‘‘thou doth Mr. PACKARD. Mr. Speaker, as a cospon- selves until they myth the $115,000. And protest too much’’ seems to hang over sor of H.R. 497, The National Gambling Im- they will be investigating the States this Chamber today. pact and Policy Commission Act, I would like March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1687 to encourage all of my colleagues, both Dem- Report of the Interagency Arctic Re- By statute, the Commission is grant- ocrat and Republican to support the establish- search Policy Committee (February 1, ed subpoena power to conduct fact- ment of such a commission. 1994 to January 31, 1996). finding hearings on discrimination and With the recent explosion in the number of WILLIAM J. CLINTON. racial tensions. But whose civil rights casinos across the country, concerns have THE WHITE HOUSE, March 5, 1996. are they protecting? It certainly does been raised about the effects of expanded f not appear to be the rights of those gambling Advocates of legalizing gambling Floridians who were exercising their promise economic growth, jobs, and windfall REPORT ON DEFERRAL AND PRO- constitutional rights of free speech and of tax revenues. However, we must also con- POSED RESCISSIONS OF BUDG- free association. sider the negative impacts which include regu- ETARY RESOURCES—MESSAGE Regardless of any individual’s per- latory costs, lost productivity and more impor- FROM THE PRESIDENT OF THE sonal beliefs or political associations, tantly, the social costs. UNITED STATES (H. DOC. NO. 104– no one should be subjected to this type This legislation would create a blue ribbon 182) of intimidation by Federal agencies. It panel charged with the duty of conducting a The SPEAKER pro tempore laid be- is for this reason that I am introducing comprehensive and objective study of gam- fore the House the following message the Civil Rights Commission Amend- bling in the United States. Negative impacts of from the President of the United ments Act of 1996 to prevent further gambling on State and local economies, small States; which was read and, together fishing expeditions at the expense of businesses and families can no longer be ig- with the accompanying papers, without law-abiding citizens. The bill would nored. Crime and social problems related to objection, referred to the Committee allow the Commission to subpoena only gambling could add to already overburdened on Appropriations and ordered to be government officials, or in cases where criminal justice and social welfare systems. printed: a person’s right to vote has been vio- This issue is of particular concern to myself lated. To the Congress of the United States: and my district because of largely unrestricted In accordance with the Congressional f Indian gaming and its impact on the commu- Budget and Impoundment Control Act nity. But this is more than a local issue. It is SPECIAL ORDERS of 1974, I herewith report one revised an issue of National social and economic im- deferral, totaling $91 million, and two The SPEAKER pro tempore. Under portance. proposed rescissions of budgetary re- the Speaker’s announced policy of May Mr. Speaker, the States, local governments sources, totaling $15 million. 12, 1995, and under a previous order of and citizens need unbiased and factual infor- The deferral affects the Department the House, the following Members are mation about gambling. Gambling must be of State U.S. emergency refugee and recognized for 5 minutes each. carefully studied to provide citizens with all the migration assistance fund. The rescis- f information they need when deciding whether sion proposals affect the Department of The SPEAKER pro tempore. Under a to allow legalized gambling in their commu- Agriculture and the General Services previous order of the House, the gen- nities. I strongly urge all of my colleagues to Administration. tleman from Florida [Mr. BILIRAKIS] is support H.R. 497. recognized for 5 minutes. Mr. HYDE. Mr. Speaker, I yield back WILLIAM J. CLINTON. the balance of my time. THE WHITE HOUSE, March 5, 1996. [Mr. BILIRAKIS addressed the The SPEAKER pro tempore. The f House. His remarks will appear here- after in the Extensions of Remarks.] question is on the motion offered by RECESS the gentleman from Illinois [Mr. HYDE] f The SPEAKER pro tempore. Pursu- that the House suspend the rules and The SPEAKER pro tempore. Under a ant to clause 12 of rule I, the Chair de- pass the bill, H.R. 497, as amended. previous order of the House, the gentle- clares the House in recess until ap- The question was taken; and (two- woman from New York [Mrs. MALONEY] proximately 1 p.m. thirds having voted in favor thereof) is recognized for 5 minutes. Accordingly (at 12 o’clock and 36 the rules were suspended and the bill, [Mrs. MALONEY addressed the as amended, was passed. minutes p.m.), the House stood in re- cess until approximately 1 p.m. House. Her remarks will appear here- A motion to reconsider was laid on after in the Extensions of Remarks.] the table. f f f b 1301 PROMOTING GREATER GENERAL LEAVE AFTER RECESS EDUCATIONAL CHOICE Mr. HYDE. Mr. Speaker, I ask unani- The recess having expired, the House The SPEAKER pro tempore. Under a mous consent that all Members may was called to order by the Speaker pro previous order of the House, the gen- have 5 legislative days to revise and ex- tempore. [Mr. ROGERS] at 1 p.m. tleman from California [Mr. RIGGS] is tend their remarks on H.R. 497, the bill recognized for 5 minutes. just passed. f Mr. RIGGS. Mr. Speaker, I rise today The SPEAKER pro tempore. Is there THE CIVIL RIGHTS COMMISSION to focus on a very serious debate that objection to the request of the gen- AMENDMENTS ACT OF 1996 has been going on back here in Wash- tleman from Illinois? (Mr. FOLEY asked and was given per- ington over the last several weeks. In There was no objection. mission to address the House for 1 fact, it is a debate that reminds me, f minute and to revise and extend his re- the longer I serve in Congress, the REPORT OF INTERAGENCY ARCTIC marks.) more convinced I become that Wash- RESEARCH POLICY COMMITTEE— Mr. FOLEY. Mr. Speaker, last year ington just does not get it. MESSAGE FROM THE PRESIDENT the U.S. Commission on Civil Rights Mr. Speaker, I am referring to the OF THE UNITED STATES subpoenaed members of the Florida fact that the District of Columbia ap- proposition 187 committee, a grassroots propriations spending bill is now held The SPEAKER pro tempore laid be- organization interested in curbing ille- up in the other body under the threat fore the House the following message gal immigration. The Commission of a filibuster, and for one simple rea- from the President of the United went so for as to subpoena all of the son. That is because Senate Democrats States; which was read and, together group’s internal documents, including are opposed to the notion of giving low- with the accompanying papers, without reports, memos, and computer-gen- income students, those students who objection, referred to the Committee erated printouts. In the words of one come from low-income families here in on Science: housewife who was paid a visit by a the District of Columbia, educational To the Congress of the United States: U.S. marshal, she felt intimidated and choice. As required by section 108(b) of Pub- harassed by the Commission and felt The House version of the District of lic Law 98–373 (15 U.S.C. 4701(b)), I like she was living in the land of the Columbia appropriations bill contains transmit herewith the Sixth Biennial Gestapo. language that appropriates funds for a H 1688 CONGRESSIONAL RECORD — HOUSE March 5, 1996 demonstration program, the idea being is because we have robust competition The SPEAKER pro tempore. Under a to grant scholarships or educational between private and public univer- previous order of the House, the gen- vouchers to these particular students. sities, and that has raised the quality tleman from Florida [Mr. DEUTSCH] is Bear in mind a couple of facts: One, of both. How ironic that we have edu- recognized for 5 minutes. the District of Columbia schools have cational choice in preschool and in [Mr. DEUTSCH addressed the House. the worst performance record of any higher education. The only place we do His remarks will appear hereafter in inner-city school district in the coun- not have it is in our primary and sec- the Extensions of Remarks.] try in terms of test scores and gradua- ondary schools. f tion rate. Only 56 percent of the stu- Why is that? Really, U.S. News & dents in the District of Columbia pub- World Report last week, I think, points The SPEAKER pro tempore. Under a lic schools graduate from those par- up the reason why we do not have previous order of the House, the gen- ticular schools. Yet, our political oppo- greater educational choice in this tleman from Indiana [Mr. BURTON] is nents here in the Congress remain ve- country. That is the militant opposi- recognized for 5 minutes. hemently opposed to the notion of even tion of the teachers unions, which have [Mr. BURTON of Indiana addressed trying or experimenting with school become the campaign arm of the na- the House. His remarks will appear choice right here in our backyard in tional Democratic Party, and which hereafter in the Extensions of Re- the District of Columbia public schools are still operating based on an old-fash- marks.] through the partnership that we are ioned 1940’s and 1950’s industrial union f trying to create between the Congress model. The SPEAKER pro tempore. Under a and the District of Columbia public The largest union is the National previous order of the House, the gen- schools. Education Association, the NEA. The tleman from Massachusetts [Mr. Despite their adamant opposition, we other union is the American Federa- FRANK] is recognized for 5 minutes. tion of Teachers. Both of these unions, have a message, those of us who believe [Mr. FRANK of Massachusetts ad- in real educational reform, we have a according to U.S. News & World Re- port, are ‘‘driving out good teachers, dressed the House. His remarks will ap- message for those in the other body pear hereafter in the Extensions of Re- and here in the House who have been coddling bad ones, and putting bu- reaucracy in the way of quality edu- marks.] fighting our plans to try to reform and f improve the District of Columbia pub- cation.’’ Both of these unions are lic schools, and for that matter, public fiercely opposed to the idea of edu- The SPEAKER pro tempore. Under a education across the lands. cational choice and promoting greater previous order of the House, the gen- That is that voucher programs, the competition in education. tleman from California [Mr. HUNTER] is idea of promoting educational competi- They also, of course, donate millions recognized for 5 minutes. tion through a greater choice and the of dollars to the Democratic Party and [Mr. HUNTER addressed the House. idea of giving parents the full range of their candidates. In fact, a second arti- His remarks will appear hereafter in choice across all competing institu- cle in the Washington Post last week the Extensions of Remarks.] tions, that is an idea whose time has pointed out that the NEA, the National f come. Voucher programs are moving Education Association, is the largest EXPRESSING APPRECIATION FOR ahead around the country, certainly in union in the country, with 2.2 million CONGRESSIONAL SUPPORT FOR Wisconsin, where Milwaukee public members. They are the richest, with a EVERGLADES PRESERVATION schools have now expanded their par- nearly $800 million budget. They are also intertwined in Democratic poli- LEGISLATION, AND ADDRESSING ticular educational choice or voucher tics, really the campaign arm of the TOPICS WHICH CREATE HAVOC program to include 15,000 inner-city National Democratic Party. IN THE NATION students, and in my home State of I will conclude, Mr. Speaker. I want California, which will have a statewide The SPEAKER pro tempore. Under a to talk more about this in later special previous order of the House, the gen- initiative on the November ballot pro- orders. I just want to conclude by viding for educational choice through a tleman from Florida [Mr. FOLEY] is quoting Stephen Jobs, the founder of recognized for 5 minutes. voucher system. Apple Computers, who said he has This is a terribly important debate Mr. FOLEY. Mr. Speaker, first of all, probably spearheaded giving away going on back here in Washington. Let I want to thank the Congress for their more computer equipment to the me tell the Members what is at stake excellent efforts on behalf of the Ever- schools than anybody on the planet, glades in Florida, with their resound- here is nothing less than the success of but he has come to the inevitable con- the U.S. economy. According to a ing 299 vote of support for the $210 mil- clusion that the problem is not one lion appropriation for our National James Glassman article in last Tues- technology can solve, it is a political Park, the Everglades. days Washington Post, languishing problem. The problems are unions. You Particularly I would like to thank wages, which is obviously an issue that plot the growth of the NEA and the the Speaker of the House, the gen- keeps cropping up in the Republican dropping of test scores, and they are tleman from Georgia, NEWT GINGRICH, Presidential primary, languishing inversely proportional. He concludes: for appearing in the well and debating wages, this idea of income stagnation ‘‘I am one of those people who believe this issue with me for the preservation in America, can be linked directly to a the best thing we could ever do is go to of our endangered Everglades. I think poor education and training system. the full voucher system.’’ That deficiency begins in our pri- Congress sent a message across Amer- f mary and secondary schools, especially ica that this is a bipartisan effort to in our high schools, where high school The SPEAKER pro tempore. Under a preserve and protect our environment, test scores and a high school diploma previous order of the House, the gentle- and I again applaud the Speaker and woman from Ohio [Ms. KAPTUR] is rec- have been watered down to the point of the gentleman from Texas, [Mr. ognized for 5 minutes. almost becoming meaningless in terms ARMEY], and others who valiantly sup- of predicting a student’s ability to go [Ms. KAPTUR addressed the House. ported our efforts, as well as the gen- on to a higher education institution, or Her remarks will appear hereafter in tleman from Florida, [Mr. DEUTSCH], to obtain a good-paying job in the the Extensions of Remarks.] and members of the Florida delegation, workplace. f for their strong, steadfast belief that in Therefore, we are trying to promote The SPEAKER pro tempore. Under a order to preserve the quality of life of greater educational choice. We realize previous order of the House, the gen- Florida, we must protect our natural private schools cannot replace public tleman from Nebraska [Mr. resources, including our water supply. schools, but we believe that the model CHRISTENSEN] is recognized for 5 min- I would also like to take a moment for U.S. secondary education should be utes. to commend the Caring Foundation in the U.S. higher education system, [Mr. CHRISTENSEN addressed the West Palm Beach, FL, headed by Larry which is the best in the world. One of House. His remarks will appear here- and Betty Brown, who are dear friends the reasons it is the best in the world after in the Extensions of Remarks.] of mine. They put on a performance March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1689 called We the Living, which was pro- tween a small group of fanatics who East. And whatever we can do as a duced by the School of the Arts and the want to destroy the chances for peace country, working together with the South Area High School. It is a play re- and the millions of Israelis and Pal- White House and our President, there flecting the problems faced by our estinians who want to live side-by-side is a resolve within this House and with- youth today regarding drugs and vio- in peace, prosperity, and security, the in this Congress that we do everything lence. fanatics must not be allowed to pre- and anything we can to make sure that The young people put on this per- vail. peace is brought to that region of the formance to display the concerns that Both sides, the Israelis and the Pal- world and that we support Prime Min- are expressed in the school environ- estinians, want peace. There are a few ister Peres in his efforts to continue ment: the peer pressure, the degrada- radical groups that are trying to dis- the peace process. tion of life, and all the tragedies that lodge that peace. We must remain calm I have today the opportunity also to result in the abuse of narcotics. It is and committed to peace in Israel. We introduce legislation which goes to important today, as we have many must remain calm and keep the PLO much of what the 104th Congress on a closeup students in the gallery, to un- and others at the table to ensure the bipartisan fashion has been working derstand how destructive drugs are and survival of the Middle East. We cannot on, and that is to create jobs, have a how destructive violence is in our condone or tolerate terrorism, and we pro-growth Congress which will sustain school system. certainly cannot condone it in Israel not only the economic future of Amer- ‘‘We the Living,’’ the play, exempli- or, as I mentioned, in London. It sim- ica but make sure there are better fied why students are fighting, fighting ply must stop. chances for more jobs. That is why I for survival in the classroom, fighting The hatred, the violence, the have introduced today legislation deal- for survival in the streets of our com- antisemitics in this country must stop. ing with creating and providing tax munities, all recognizing that the one The campaigns that are being waged credits for investment and research fundamental problem that is so dif- for the Presidency, the dialog needs to and experimentation. These are pro- ficult for them to overcome is the in- change and we need to focus on the fu- business, pro-people measures which I fluence of drugs in our society and the ture of America, not dividing people by think will help create the jobs and the influence peer pressure has in the first color, race or ethnicity, not dividing investment that is important. attempt to use drugs. people by differences of opinion, but Specifically H.R. 2984 will extend the Again, I applaud the Caring Founda- thinking of what unites this country research tax credit through December tion, and I urge all of our schools and together in a spirit of independence 1997, expand the definition of start-up all of our youth to do what they can to and democracy. firms, allow taxpayers to elect an al- not make it cool to be involved in nar- This is the greatest Nation in the ternative incremental credit process, cotics or illegal activities, but in fact, world. We have so much to be proud of, and treat 80 percent of research as that it would be cool to say no. As in and at the same time we seem to be de- qualified instead of the 65 percent limit the DARE Program and the Just Say stroying everything we have worked we now have. In addition, the 10 per- No Program, stand up and be counted for for 200-plus years by divisive, nasty, cent investment tax credit will be rein- against the destruction of human life, mean-spirited debate. It needs to stop, stated and have the effect of reducing the destruction and aggravation of the tax burden on new investment, human suffering which drugs provide. and it needs to stop by arguments by I would also like to speak about child both sides of the aisle that for democ- speeding up the growth of the econ- abuse today, because that is another racy to prevail, men need to think with omy, improving competitiveness of the topic that is creating tremendous their heads clearly, committed to com- U.S. business firms, and laying the havoc in our Nation. Our children are passion and to people’s rights. foundation for a future rise in the abused daily. We are reading about f United States’ standard of living. more shocking details of abuse and I would ask that the Congressman ANNOUNCEMENT BY THE SPEAKER from Florida [Mr. FOLEY], and the Con- abandonment, both sexually and other- PRO TEMPORE wise, and it just has to stop. As a na- gressman from California [Mr. RIGGS], tion, we have to lead the charge The SPEAKER pro tempore (Mr. join me in this special order with re- against child abuse, most strictly pe- ROGERS). The gentleman is reminded gard to the kinds of things that we nalize those that would bring about that Members are not to make ref- have been trying to do in this Con- child abuse, especially sexual abuse, erence to visitors in the gallery of the gress, in this historic 104th House, to and fight for the rights of our children, House. get our fiscal house in order. because once they are abused, it is a f I am speaking of balancing the budg- very difficult and tragic way to come et, having a line-item veto passed, my THE 104TH CONGRESS PROMISES legislation to sunset review Federal back into society. Palm Beach County BRIGHT ECONOMIC FUTURE is starting a Home Safe project, which agencies that have outlived their use- The SPEAKER pro tempore. Under will give children a chance to be in an fulness or should be privatized, the Speaker’s announced policy of May environment safe from the dangerous downsized or consolidated, the kinds of 12, 1995, the gentleman from Penn- opportunities they experienced in their things we have done to help businesses sylvania [Mr. FOX] is recognized for 60 homes. by having deductibility for health in- I would also like to take a moment minutes as the designee of the major- surance, regulatory review so it is easi- and look at the headlines ‘‘Hamas ity leader. er for businesses to operate. And also Bomb Kills 13 at Mall in Tel Aviv; Mr. FOX of Pennsylvania. Mr. Speak- our legislation has already brought Bomb Ravages Israel.’’ The war in Is- er, I join with Congressman FOLEY in $190 billion in spending reductions and rael is a tragedy. The New York Times his astute remarks regarding our need $190 billion in deficit reduction. did a wonderful editorial today, basi- for prayer for the families of those who So I would ask the gentleman from cally outlining the problems: The sui- were killed and those who were injured Florida [Mr. FOLEY], to tell us with re- cide bombings, the difficulties that are senselessly in Israel in recent days and gard to the interaction you have had being experienced by the people of Is- weeks at the hands of the Hamas. We with your constituents in Florida, have rael. We in America, and I know my certainly cannot tolerate this kind of they discussed with you the benefits colleague, the gentleman from Penn- violence in this country or any other they see of having a balanced budget, sylvania, JON FOX, joins in a strong country, including Israel, one of our one that would be bipartisan and one condemnation of these attacks, a greatest allies in this world. that would embrace collectively what strong condemnation against violence, I do hope, as Congressman FOLEY the White House and the Congress not only in Israel, but in London and in pointed out, our work will continue wants with regard to our children’s fu- other places around the globe. with this country and with Israel to ture and the country’s future and a bal- make sure the peace process moves for- anced budget. b 1315 ward, and the senseless acts of a few fa- Mr. FOLEY. Mr. Speaker, I appre- But the one thing they stress in the natics will not deter us from our mis- ciate the gentleman from Pennsylvania editorial, the war in Israel, the war be- sion to restore peace to the Middle [Mr. FOX] yielding. One of the things H 1690 CONGRESSIONAL RECORD — HOUSE March 5, 1996 that I hear from my constituents when er’s pockets from interest savings tions in the debate that is going to I return home is the fact that the bal- alone, $2,000 per annum, which is about rage in November, not about whose anced budget is first and foremost in $180 per month in the homeowners’ party is right or whose party is wrong. their minds. They are not necessarily pockets to spend on their families, va- It is about what did you personally do interested in what party gets credit, cations, children’s savings account, as an individual that we sent here to but they want this Government to and what have you. So clearly, clearly represent our great district, to make a learn to live by the same standards our the balanced budget will provide an difference in America. society imposes on the average citizen. economic windfall, not only for the Mr. FOX of Pennsylvania. Mr. Speak- Balancing your checkbook, that is nor- taxpayers of having to pay fewer dol- er, I would ask if the gentleman from mal. I mean if you do not, as you know, lars into the public treasury, but more California [Mr. RIGGS] would join us in Mr. FOX, if somebody issues a worth- yield back home in their individual ac- this discussion regarding the balanced less check, it is rejected by the bank. counts. budget and its benefit to the country. Mr. FOX of Pennsylvania. Right. Mr. FOX of Pennsylvania. Mr. Speak- From California, as a favorite son, he Mr. FOLEY. If you overcharge on er, reclaiming my time, I think it is might want to give us a little bit of his your credit card, they will cancel your also important to note that frankly insights into what his district believes card. If you do not pay your home this can be done easily if we put our and what he thinks is appropriate as mortgage, they will foreclose your heads and minds and hearts into work- we move forward in this debate. home. But the Federal Government ing together. We have seen since the Mr. RIGGS. Mr. Speaker, I very somehow spends $200 plus billion a year beginning of this balanced budget de- much appreciate the gentleman yield- that they do not have and they call bate that the majority side of the aisle ing, and taking the leadership initia- that compassionate and good Govern- has added $440 billion more funding for tive in organizing this special order. ment. Medicare, for Medicaid, for the envi- What I would really like to do is Well, they are telling me, ‘‘MARK, ronment, for education, and for the compare the Clinton crunch with the seek out a solution. The rhetoric needs earned income tax credit. balanced budget bonus; that is to say, to stop. We don’t want to hear anymore So those kinds of cooperative ven- the benefits to the average American about during the Reagan years and the tures by the Republican side certainly family that will result from putting Bush years, those Presidents ran up the have gone without notice in some quar- our fiscal house in order back here, budget because you know the that Con- ters, but are certainly not lost on those eliminating deficit spending and bal- gress is the one with the checkbook, of us who are still speaking today in ancing the Federal budget, versus the not the Presidents.’’ the well of the House, because we be- present economic predicament that we So it is our incumbent responsibility lieve that there can be, in fact in the as a nation find ourselves in. as legislators to focus on where the not too distant future, an actual agree- As both gentlemen will very well re- spending is occurring and how we alle- ment on the balanced budget. The member, the President back on Janu- viate the spending, and I think we have President has actually said, under dif- ary 23 visited our Chamber and stood done a yeoman’s job of attempting to ferent year points he has talked about, at this podium right behind me to de- portray that. You know, the other out- we can have a balanced budget in any liver his annual State of the Union side influences try to paint us as number of years. I think if we can just Message, and in that speech just less noncaring, wanting to destroy the fiber get to the table and talk about remov- than 2 months ago he told us that our and safety net of this Nation. But to ing gridlock, getting away from finger economy is the healthiest it has been the contrary, when you read some pointing and not worrying about who in three decades and he proclaimed the great editorials, I think Mr. RIGGS re- gets the credit, it is amazing how much era of big government over. ferred to one earlier, Mr. Glassman has we can get done. We have all learned to expect, par- been great in portraying the fact that Mr. FOLEY. Mr. Speaker, will the ticularly from this President, some Republicans are not cutting near what gentleman yield? fairly outrageous statements. In fact, I is being accused, 7 percent growth rate Mr. FOX of Pennsylvania. I yield to think it was Jay Leno that pointed in Medicare, 7.5. All of the programs the gentleman from Florida. that out the other night. I guess we can grow in excess of CPI. Mr. FOLEY. That is the sad part of sort of plagiarize from Jay Leno, be- Mr. FOX of Pennsylvania. Mr. Speak- the political debate, people need credit cause once he says it on The Tonight er, reclaiming my time, to expand on for everything. We were sent here from Show, it is out there in the public that, people might be listening and around the country, 435 individuals, 100 realm. saying, some of my colleagues, what is Members in the Senate, and the Presi- Jay Leno said the other night, ‘‘Re- the advantage of a balanced budget? dent, Vice President, elected by the publicans have the choice of eight pres- Well, the advantage, according to people of America to lead, not to take idential candidates.’’ But then he went Alan Greenspan with the Federal Re- unnecessary advantage but to solve the on to say, ‘‘But you know, the Demo- serve, is by having reduced interest people’s problems. crats have much more than eight when costs it will be easier to afford a mort- So again, I think we have got to put you think about it. They have got the gage, easier to pay for a college loan, beyond our debate who eventually gets old Clinton, the new Clinton, the big- easier to pay for a car expense. Those credit for the legislation. It is more government-is-over Clinton, the high- kinds of things are in real dollars going important that the American public est-tax-increase-in-history Clinton, to be decreased in cost if we can in fact sense a victory here, that the consumer and so on.’’ pass a balanced budget, and also create senses a victory. Well, I think when we scrutinize the about 300,000 new jobs a year. So the Mr. FOX of Pennsylvania. I agree. President’s comments, we realize that, overall boost to our economy will be Mr. FOLEY. That the public at large No. 1, the economy is not by any terrific. senses that Congress is acting respon- stretch of the imagination the healthi- Mr. FOLEY. People do not realize the sibly, that they are no longer going to est it has been in three decades. And nexus. The Government is out bidding send or return Members of Congress to second, we realize that if the President for dollars like a private consumer. So this great body just simply because really ended or would join us in ending while the Government drives up inter- they said, ‘‘Look at all that I have the era of big government, and if he est costs with its ever-excessive appe- done for you, and look at all the bacon really helped us in turning over Wash- tite for credit, it is driving up com- and pork that I have brought home to ington power to individuals and com- parable mortgage costs. our district. Isn’t that reason enough munities, the American people would A plain example by Mr. Greenspan is to reelect me?″ not now be experiencing the Clinton the fact that with current rates at It is about saying, ‘‘What have you crunch: higher taxes and stagnant about 71⁄4 to 75⁄8 on a 30-year fixed home done to reduce the burden on the wages. mortgage, we could see those rates de- American consumer, reduce the burden The reality behind the President’s cline to 6 percent, maybe below. A 2- on business? What have you done to rhetoric is that in each and every year percent difference in a $100,000 mort- make it easier for us to educate our of his presidency, the typical American gage is $200 in savings in the consum- children?’’ I think these are the ques- family has had less income than when March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1691 President Clinton took office. Last jority trying to help a Democratic time. This is legislation that is going year alone, the typical family earned President make good on his fundamen- to make sure child support is paid, to $790 less than in 1992, according to the tal campaign promises. That is exactly make sure food, nutrition programs, Census Bureau. But while family in- the case. frankly, we feed more children, we also comes have fallen, the family tax bur- Mr. FOX of Pennsylvania. It shows do so with quality standards that the den has risen in America and, that is a the cooperation we are giving. Federal Government is going to enu- result obviously of policies adopted by Mr. RIGGS. That is right. Yet, as the merate, so I think that, you know, the this body prior to the Republican gentleman points out, the President welfare reform we discussed and pro- Party becoming the majority in Con- campaigned on promises of balancing posed and passed in the House in a bi- gress, and policies that were signed the Federal budget, ending welfare as partisan fashion certainly will, hope- into law by the President during the we know it, as you pointed out, cutting fully, come to life again in this second first 2 years of his administration. middle-class taxes. The middle-class session of the 104th Congress. So we have had this Clinton crunch, tax cut was the centerpiece of his eco- Perhaps the gentleman from Califor- this double whammy of stagnant wages nomic plan, which he called Putting nia [Mr. RIGGS] could shed some light and rising taxation, including payroll People First. He certainly did not on why he feels this bill, the revitalized taxes rising on the backs of American make good on any of those promises bill, would be beneficial, what your workers. We all remember that back in during the first 2 years of his adminis- take is from California. 1993 the President and the liberal tration, when he had a Democratic ma- Mr. RIGGS. I appreciate the gen- House Democrats or liberal congres- jority in the Congress to work with. tleman yielding to me. He just de- sional Democrats enacted the largest He has turned around, of course, in scribed a version of welfare reform that tax increase in history, and the result this session of Congress, vetoed legisla- received the unanimous bipartisan en- is that the typical family now spends tion that would accomplish all three of dorsement of 45 of the 50 Governors, or 24.5 percent of its income in Federal those fundamental promises to the Nation’s Governors, meeting back here taxes, a greater share of its income American people that we, the Repub- in Washington in February. than at any other time in America’s lican majority here in the Congress, You know, I think the President has peacetime history. And we will remem- enacted with very little support from revealed his true colors on the question ber, of course, that that Clinton demo- the other side of the aisle. There is a of welfare reform. Not only has he cratic tax increase passed the Congress certain irony, again, in a Republican twice vetoed the welfare reform legis- without a single Republican vote. majority of Congress trying to help a lation sent to him by the House and b 1330 Democratic President make good on the Senate, but he is now saying, after his fundamental campaign promises. initially encouraging this bipartisan When you add up Federal, State, and Mr. FOLEY. I am anxious if some- group of Governors to help us craft a local taxes, families today are paying body can tell me what is right with our more than 38 percent of their income in bipartisan compromise, he is now pull- welfare system today. For a President ing the rug out from underneath them. taxes, according to the Tax Founda- to veto what I believe is a bipartisan tion, and in many families that ulti- He has indicated through his Cabinet effort to reform a tragic situation that mately means one spouse has to work, Secretary, Secretary of Health and perhaps people in a welfare system, not to support the family but simply to Human Services Shalala, last week the with no means of exit, how anybody support the government and the burden administration’s disapproval of the can defend the current status quo and of taxation. unanimous Governors’ agreement. I So I want to talk a little bit about not be seriously concerned about not just want to again stress how rare una- here over the next few minutes again only the future of this Nation but those nimity is in American politics today. those two factors, falling incomes and we pretend to care for is beyond me. I We had 45 of the 50 Nation’s Governors rising taxes, and how that has created go home to the district. I would be in- meeting back here in February. Again, the Clinton crunch versus the bonus terested if the gentleman from Califor- they unanimously supported and en- that every single American family nia [Mr. RIGGS] or the gentleman from dorsed these welfare reforms which the would receive from balancing the Fed- Pennsylvania [Mr. FOX] have any other President is indicating that he opposes eral budget. indications. When I go home to the dis- and will veto. I appreciate, again, the gentleman trict, my constituents resoundingly So it is very clear to me that this organizing this special order. say, ‘‘MARK, help people with the Asso- President, who as a candidate promised Mr. FOX of Pennsylvania. Reclaim- ciation for Retarded Citizens, help to end welfare as we know, is not sin- ing my time, I appreciate the gentle- those mentally or physically chal- cere in that promise. He would, fur- man’s remarks. I think that you have lenged who have not been given the full thermore, have a real political problem been one of the leaders, along with the tools to do what they need to do to with the far left wing of his party if he gentleman from Florida [Mr. FOLEY], function in society. But, by God, get were to meet us somewhere in the mid- in moving ahead in a fiscally respon- healthy, capable, able-bodied people dle in trying to craft bipartisan welfare sible balanced budget debate and one out of the welfare rolls and out in the reform legislation. that embraces, I think, what most workplace.’’ What is good about the So it is very disappointing again to Americans want, and that is more proposed legislation, not adopted by see the President fail to make good on money in their pocket and less money the President, but certainly, hopefully, one of his fundamental campaign in the Government’s pocket, and that in the near future will be, under that promises from 1992. makes a big difference. legislation you spoke of, there are Mr. FOX of Pennsylvania. I wanted In addition to having a balanced some or many good points with it, the to reclaim the time because one of the budget and removing, you know, fraud, able-bodied people to be in a job within other items I thought was very sen- waste, and abuse from the Government, 5 years, with the Federal Government sitive in the legislation dealing with we are talking about tax reform, and assisting with job training, job coun- welfare reform, that is, making sure that it is what the President cam- seling, job placement, day care, if nec- teenage moms who need health care, paigned on. He said he wanted to give essary. That is certainly, in a sense, formulas for their children, clothing, us three things in 1992; he wanted to moving ahead, still leaving a safety net under the present program they would have a middle-class tax reform, bal- for those who are unable to work, or get cash assistance. Unfortunately, anced budget, and he wanted to end have to take care of a child, and in- some of those teenage mothers frankly welfare as we know it. We have sent creased enforcement by Governors to do not have the wherewithal to under- him three bills, and he has vetoed three collect child support. stand we cannot use those funds for of them. Hope springs eternal. I still I always love the example about the drugs or alcohol and have been doing believe in the long run he is going to State of Maine, where they threatened so. Under our legislation they would sign bills we in a bipartisan fashion can to take away the drivers licenses of get vouchers instead, not for drugs or agree on. those deadbeat dads who have not paid alcohol but vouchers for formula, Mr. RIGGS. There is a certain irony child support, but all but 50 out of health care, clothing for the child and in a new Republican congressional ma- 21,000 paid within a record period of the baby or child, and frankly this is a H 1692 CONGRESSIONAL RECORD — HOUSE March 5, 1996 much more humane way of making societal ideals. It is a system that is would have had their entire Federal sure we take care of those truly in need riddled with perverse incentives that tax burden eliminated? And that is real and not waste the money for what it discourage working, marriage, savings, relief from the Clinton crunch. was not intended. investment, and that is why it is so im- But the President stood in the way of So, while some may cast that this portant that we reform the welfare sys- this balanced budget bonus for fami- Congress is being tough, we are not tem. lies. He vetoed the balanced budget and being fair in making sure the benefits If the gentleman would just yield fur- tax cuts for families and economic that those who are in the safety net ther, because unfortunately I am going growth. Far from feeling our pain, as must be saved, and we are going to to have to leave and I want to kind of again he promised back in 1992, the save them. We do not want people complete this idea of the Clinton President has become the cause of it. milking the system and taking the crunch versus the balanced budget So I wanted to just remind my col- money, using it for purposes other than bonus. leagues that while President Clinton what was intended. I want to stress, because I think the promised a middle-class tax cut when Mr. RIGGS. Very clearly we have to gentleman from Florida alluded ear- he ran for President, again he made reform the welfare system that fails lier, there is really nothing to be that the centerpiece of his economic too many of our fellow citizens and too gained, going back and revisiting the plan, Putting People First, he raised often subsidizes illegitimacy, really, 1980’s. I think if we look at economic taxes instead. with our current welfare system, and policy, fiscal policy in the 1980’s, there So, again, as I said earlier, there is a this political constituency of depend- is plenty of blame to go around. We certain juxtaposition or irony in the ency that has been created back here have no intention here, as the new Re- fact that President Clinton promised a in Washington over the last three to publican majority in Congress, of re- middle-class tax cut and Republicans four decades created a welfare state, if peating those same mistakes, and that want to deliver one. you will, where too many families now again the perverse notion that we What we got from President Clinton find themselves also dependent on wel- could cut taxes and increase spending, and congressional Democrats, we all fare over several generations, and which gave us these enormous deficits know now, was the largest tax increase again that has led to soaring rates of that have ultimately left us with a in history. As I mentioned earlier, it illegitimacy and family disintegration staggering national debt which our passed without a single Republican in America. kids and grandkids are going to in- vote. I think the American people know herit. Later President Clinton himself ad- the welfare system is broke. They cer- Instead, when we passed the balanced mitted that tax increase was a big mis- tainly have every right to expect of us budget, the balanced budget, the first take. He actually told an audience of that we will acknowledge the problem balanced budgets in 26 years, the bal- major Democratic Party donors in and attempt to fix it in a bipartisan anced budget the President vetoed, we Houston that he realized in hindsight manner. Again, that is exactly what we had tax cuts for working families. We that he had made a mistake by raising have done. That is the legislation the believe that it is possible to cut Fed- taxes so high, but then he went on to President vetoed. That is the legisla- eral spending and cut taxes, and that infer that somehow the Republican mi- tion that is heartily recommended and the combination of the two will give nority in Congress had forced him to endorsed by 45 of the Governors meet- the American people a tremendous eco- raise taxes. Nothing could be further ing back here in February. nomic dividend, what we call the bal- from the truth, because again not a Mr. FOLEY. It is not just the public anced budget bonus. single Republican voted for that Clin- that is upset. I met with a young girl, So let me just tell you what every ton Democratic tax increase back in 22 years old, in Belle Glade, FL, in a American family would have realized 1993. had the President signed our balanced course sponsored by the Private Indus- b try Council to learn to be a nurse. She budget bill into law, the same bill that 1345 came up to me at a graduation recep- he instead vetoed. Again, remember His tax increase not only raises taxes tion, where she had gotten her degree that we want incomes to go up while on the rich, but on the middle class, for nursing all on her own. She said, taxes go down so that every American the poor, senior citizens, and American ‘‘Mr. Foley, I am 22. I have five chil- family can earn more and keep more of small businesses, which are the back- dren. I am not married. The welfare what they earn. So here is the balanced bone of our economy. These are the system has encouraged me to stay in budget bonus, because I do not think very businesses which create most new the welfare system and have babies.’’ that you will get much disagreement jobs in America. These are the small This is not a made-up story. This is an here in Washington or across the land. and very small companies that give us absolute occurrence that happened in Most economists, and I recognize that most of our new job creation, most of my district. economists can often be wrong, but I our economic growth in the private She said, ‘‘For the first time, the Pri- believe this is one case where, as Mary sector. These are companies typically vate Industry Council is giving me Chapin Carpenter said, the stars might with 10 or fewer employees accounting some hope for my future and for my lie, but the numbers never do, the for 70 percent of all American busi- children. But I am telling you it is a economists widely agreed the balanced nesses. tragedy what we do as a Nation to en- budget would have led to a drop in in- The President and congressional courage people to have additional ba- terest rates by as much as 2 percentage Democrats like to claim they only bies out of wedlock, that they will get points. That would save the typical raised taxes on the rich. But according additional food stamps, AFDC and American family between $1,600 and to the Internal Revenue Service, nearly housing allowances if they simply add $1,800 annually on an average home 87 percent of tax returns showing another child to the roster.’’ She said, mortgage. It would save the typical $200,000 or more in annual income were ‘‘This has got to stop.’’ She said, ‘‘I am American family $174 on an average car filed by small businesses and family a sad example of what is wrong with loan, $216 on the average student loan, businesses. These are business owners. the system. I am 22 years old, with five and if you add to that the $500 per child Many times these are family busi- kids.’’ I was amazed. She said, ‘‘You tax credit, a typical family of four, nesses, but these are business owners have got to do everything you can to that is, two adult parents and two chil- who are organized as a partnership or not hurt children, to make sure I or dren, that typical family of four would sole proprietorship or sole corporation. others like me are not encouraged to have received a balanced budget bonus So when the President talks about proliferate additional children to the of $2,990, so let us call it $3,000. raising taxes on the rich, he is not society, knowing more money is com- If I ask you, my colleagues, when was talking about General Motors. These ing your way.’’ the last time that an American family business taxes most impact that hard- Mr. RIGGS. I think our fellow citi- got a $3,000 average bonus, 29 million ware store owner on Main Street. zens know the American welfare sys- American families would have bene- Second, the President’s tax and spend tem today too often discourages the fited from our $500 per child tax credit, policies have turned a healthy econ- very things that we want to promote as and nearly 4 million American families omy into an economy that is on the March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1693 verge of recession. More jobs were cre- will pass it, and not only will your dis- You only have to look at Habitat for ated in the last 6 months of the Bush trict benefit in California, but the Humanity and other good organiza- administration than in the last 6 whole country will. We appreciate your tions like that that are community- months of the Clinton administration. leadership on continuing the dialog and driven and people-driven that do not The economy was growing 3 times fast- getting the legislation adopted. depend on taxpayer dollars, but rather er in President Bush’s last year in of- I go back to the gentleman from on sweat equity, and the involvement fice than it did under President Clinton Florida with regard to some issues and caring of clergy and community last year. In fact, for the last quarter dealing with keeping jobs and making and citizens, in making sure that they of 1995, the most recent economic sta- sure that Government is decreased in take abandoned houses and turn them tistics, the economy grew barely at all, responsible ways. We discussed jointly into homes, and they really make a dif- a growth rate of 0.9 percent annually, our interest in having sunset review of ference. according to the Commerce Depart- Federal regulations, which has been in- So we need to be reaching out, ap- ment. troduced in the House, and also sunset plauding, supporting, and buttressing So I go back to my original premise. review of Federal agencies. the private sector everywhere we can, The failing Clinton economy, with its I know that in Pennsylvania we had and making sure we realize that not income stagnation and economic inse- legislation like that adopted, and we every need is answered by a Federal curity, is the direct result of the Clin- were able to sunset agencies that were program, but maybe sometimes ton-Democratic high tax, big-govern- not doing their job, or consolidate through a private sector initiative. ment policies. We have record high them, privatize them, eliminate them, Mr. FOLEY. If the gentleman will taxes, record high spending, excessive because they were not meeting their yield, you mentioned Habitat for Hu- regulatory costs, and 25 consecutive original mission from 50 to 100 years manity. That is a prime example. Peo- years of deficit spending that have ago. ple say, when we go looking into HUD, sucked trillions of dollars out of the I wanted your thoughts on what you that we, the Republicans, are evil, economy. have heard from your Florida constitu- mean-spirited, we do not want to pro- So it is really little wonder that ents with regard to properly vide housing. wages are stagnant, because the Gov- downsizing those programs which have You just mentioned Habitat. In Okee- ernment got your pay raise. So I be- outlived their usefulness. chobee County, the McArthur Dairy lieve that unless we reverse these poli- Mr. FOLEY. I thank the gentleman Foundation deeded over 35 former cies, the policies that President Clin- for yielding. First of all, I think it is housing units, single-family homes, to ton and the congressional Democrats important in every level, every walk of the Habitat for Humanity. About 2 put in place, there will be no relief life, for a review. When you create an weeks ago I went to the dedication of a from the Clinton crunch. They believe, agency or commission or a study or a home that a woman and her four chil- the President and the liberal congres- rule, I do not think it was ever meant dren were about to move into. Through sional Democrats, believe higher taxes, to be perfected in its entirety through- sweat equity, determination, persever- increased Federal spending, and more out its lifetime. I think in Florida we ance, she was now in a single-family Federal programs will lead to more and always would call back a commission home, the girls and boys had their own better jobs and higher pay. or authority or issue for a 5-year re- bedrooms, and they had a home to call We Republicans, on the other hand, view, to find out if it is doing what it their own, pride of ownership. They believe that lower taxes, less govern- was established to do. Is it operating worked on it. It was their home. It was ment, and a balanced budget are the within the guidelines? Is it spending in the neighborhood. It was not some- surest way to more jobs and more take- appropriately the public’s funds? Obvi- thing HUD did for them. home pay for the average working ously that is the No. 1 component. Are It was not something they were American. they spending the public resources cor- trapped in. Here, this is your rental So we are working hard back here in rectly? quota and this is what you get every Washington, and that is why we wanted These are the things I think a sunset month and you can’t move, and this is to take this time to present a special review would provide for us. Think not really your home, it is a rental order on the House floor, to emphasize about it: the Department of Energy es- home and subsidized. You feel these we are working hard to reverse the eco- tablished in 1978 under the Carter ad- constant strings attached by govern- nomic effects of the Clinton crunch on ministration because of the fuel crisis, ment. the average American family and the and we were to set our thermostats to Habitat has given people the willing- average American worker. We believe 78. ness to succeed, to own, to be proud of, again that the right approach is tax Look at what that agency has be- and to prosper. That is the difference cuts for families and for economic come. Now, are we indeed saving en- in what our philosophies are when we growth, an end to the excessive regula- ergy in America? Consumption is up al- start talking about where we want our tions that stifle wages and increase most in every category. Has it fulfilled Nation to go. prices and create a constant drag on its usefulness? I do not think there is Privatization in Florida: The Depart- economic growth and job creation, and anything wrong with analyzing agency- ment of Commerce is becoming the a balanced budget, which is just ter- by-agency on a frequent basis its need, ‘‘Enterprise Florida,’’ which is made up ribly important, to make it easier ulti- its necessity, and cost effectiveness for of large corporations. If corporations mately for American families to bal- the consumer. think it is great to promote the State ance their own budgets. Mr. FOX of Pennsylvania. If the gen- and its opportunities, that is a role for So again I thank the gentleman for tleman would yield, that is exactly corporations. Not the State or Federal organizing the special order and yield- what we do in private industry. When treasury to prop up organizations that ing the time to me. companies look each year or each 5 do not really promote. Mr. FOX of Pennsylvania. Thank years to where they are going and The Commerce Department, you are you, Mr. RIGGS, the gentleman from where they have been, they analyze only lucky enough to get on a Com- California. Your comments were right every department, every single activ- merce trip if you have donated signifi- on when it comes to the fact that most ity, to see whether the cost benefit is cantly to either a Democratic or Re- citizens want to make sure the raise there, whether they have achieved publican President. You do not get to they get stays in their pocket so they their original goal, and whether there go because of a novel or unique oppor- can spend it for their family, their is a way to change. tunity or invention. community, in the ways they have to, Frankly, we can take a page out of So when we talk about downsizing, and not have big brother, so to speak, business and make Government more Mr. FOX, I think we have to be very, take their funds and use it and waste responsive, giving the people their very aggressive and outline what we it. We have seen a lot of waste. money’s worth, and making sure that hope for the outcomes, that we are in Under your proposals, the tax dollars are being spent wisely. Be- fact liberating companies, businesses, probusiness, projobs legislation you cause frankly, some programs are best individuals, to seek their own opportu- have filed, I am hopeful that Congress handled by of the private sector. nities, rather than stifling them. H 1694 CONGRESSIONAL RECORD — HOUSE March 5, 1996 Mr. FOX of Pennsylvania. I think Everglades, almost acting like a kid- portunities we have as a nation to so- that will come with our legislation to ney in a body, to filter the water as it licit input from a variety of groups. have sunset review and also working comes through these areas, and then Not any one individual or group has with Congressman MICA in regulatory taking the nutrients or phosphorus the right answer for any given question review, because many times I have seen contents away and allowing cleaner of the day. It is seeking compromise, where we have had Federal regulations water to flow into the Everglades and seeking consensus, and getting the introduced, there are already State the Florida Bay. agencies all together in the same room agencies that do that. So there is no It is vitally important for the sus- and saying we have a common mission, reason to have duplicative legislation, taining of life. No human life, no plant we have a common problem. Let us which puts a further burden on busi- life, no animal, can survive without solve it with a common solution, rath- ness, and we put a further burden on water. So basically this is a step in the er than 100 different solutions that end business that is already being covered, right direction of helping the Ever- up not getting the problem addressed. the safety hazard has been addressed. glades. Mr. FOX of Pennsylvania. I am sure Why should we put the further burden But what I wanted to fundamentally your colleagues would want to have up- on business to do more forms that do point out, and you mentioned Mr. MICA dates on a regular basis of what is hap- not help safety, but add to the cost of from Florida. Mr. MICA stated very pening with the Everglades, and it will a product and therefore make it more clearly in a press account that the Re- be important to the body. difficult to hire. publicans are not against the environ- Mr. FOLEY. It is essential they be Mr. FOLEY. Think with about your ment. Clearly by their vote for this forthcoming, because after I have own family. When you are planning $210 million, we have stepped up to the asked for that commitment of re- something for your future, I am certain plate of committing Federal resources sources, that is the largest single ap- you and Judy sit down and go over the to a vital, national interest park. propriation ever in our Federal history pros and cons of a situation, you re- But what we are tired of spending our toward the Everglades, the dollar view where you are currently, where money on is study after study, report amount. Two hundred was allocated by after report, consultants, lawyers and you hope to be, but you do it through the Senate, Mr. DOLE specifically, and others, giving us ideas that are never a deliberative fashion. In Government Senators MACK and GRAHAM, both Flor- carried out. Here we have for the first it is we who have set it up, we have ida members Democrat and Repub- time dollars allocated to the project done our job, let us leave it alone and lican, led the initiative in the Senate. for actual construction and work, for forget it. And that I think is a signifi- Of course, we had a bipartisan coalition something we can go back and talk cant problem, because there is no over- in the House. I think they deserve the about tangibly, as a result of Federal sight, no checking up on the kind of followup to that expenditure, to see action rather than inaction. initiatives that were proposed and So one of the things that I want to that the dollars they spend in fact are whether they yield any benefits. stress when we talk about the environ- working. I know they will. So sunset review, your initiative to ment is that we are not b 1400 push and pursue this legislation, it is antienvironment. The Speaker of the vitally important for Congress to be- Mr. FOX of Pennsylvania. You know House came to the floor and spoke of when we talk about the environment; come more efficient and effective. the Everglades, announced we had to Mr. FOX of Pennsylvania. I want to you know Earth Day is coming up in do this, the time had arrived for us to change gears if I could to go back to April; it occurs to me that for us to work together collectively for the Ev- something I heard you speak about on continue the environmental movement erglades. It is about making certain the House floor recently, and I helped started some years ago and to carry on that the monies we are appropriating vote and work for the bill that you in- the issues that Major Carson, an envi- actually end up in the critical areas troduced to save the Everglades. While ronmental leader, started in the years that need our attention. before that by other conservationists, I the Everglades are not in my part of So that is why I was proud. You mar- am wondering whether we are doing the country in the sense it is not in shalled the troops from Pennsylvania enough to inform, educate, and inspire Pennsylvania, we, who have to be stew- and your northeast corridor, because, youth to go into fields that deal with ards of the environment and conserva- again, as you clearly stated, this is not conservation, that deal with commu- tion for future generations, have to a Pennsylvania issue, but it is a na- nity participation, even if it is not look at the country as a totality and tional issue. It proves for all that enjoy try to help and make sure we preserve the vast wonders of our continent, the going to be a profession, in those areas natural areas. So I have to applaud you Grand Canyon, you name the desert, of environmental preservation, and for your leadership in having your leg- the parks, the Allegheny Forests, all of whether you had thought about pro- islation adopted, which will in fact the things we enjoy together as a na- grams in your district and for the make sure the Everglades are main- tion, our pursuit of the preservation of country which would accentuate that tained in their present form. those national resources should be first and would promote it. You might tell me further illustra- and foremost on our minds. Not wheth- Mr. FOLEY. Yes, I spoke to tively what was due to happen with re- er we are getting rated on a vote, this Forestdale High School yesterday, and gard to the Everglades for which we is a good environmental vote or what they have a class, an actual magnet had the legislation come up to begin have you. It is about are the dollars we program, on environmental studies. It with? are spending as a nation being applied is the youth of the community working Mr. FOLEY. As everyone knows that effectively to solving problems. in a classroom setting, learning about follows the environment and particu- Mr. FOX of Pennsylvania. With re- the environment. larly the Everglades, because of gard to Florida generally, is there a Again, one of the things that I want growth, 5 million population in south conservation board within the State to stress, too, is the fact that one of Florida, 41 million visitors to our State with which you work? my concerns with the government is last year from Pennsylvania, New Mr. FOLEY. Actually there are a the fact that we do have so many agen- York, and all throughout the great 50 number of things. We have a number of cies doing similar functions with dif- States and throughout the entire con- initiatives. We have the Preservation ferent agendas and different mandates. tinent and the globe, visited our State, 2,000 fund, the Carl Land programs, we I think the young people need to get and obviously that impact has greatly have obviously the Audubon, Ever- involved and look at the practical ap- affected the water quantity and quality glades National Park, a number of dif- plications of environmental sciences going into the Everglades. ferent groups that are very intricately because there is a cause and effect. I The Everglades is one of the motion involved in the process. South Florida have always suggested that farming unique National Forest Park water Water Management, Corps of Engi- and the environment can coexist with systems, and one we are all immensely neers, Fish and Wildlife, all are looking the right guidelines and the right proud of. What we are doing with the for solutions. tools. I think it is important that we $210 million appropriated last week is That is another thing that I think is train our young people to understand, acquiring additional lands to buffer the important, is to look at the broad op- yes, recycling is a viable method of March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1695 preserving our Earth and also to con- I went to an authorizing committee LARGENT], yourself, the gentlewoman sider all of the other aspects of how of the Committee on Science and with- from North Carolina [Mrs. MYRICK], a can a business coexist with an environ- drew an amendment for 25 million of number of people that stood up and mental movement and not look at spending. I had not a unanimous, but a fought for this initiative, and we do them as enemies. And ofttimes you try majority support for the cancellation not want to see that initiative lost in to draw lines, if you are for business, of this wasteful spending, 25 million. It this Congress. you are against the environment; if turns out a day later one of my col- Mr. FOX of Pennsylvania. I appre- you are for the environment, you are leagues found the 25 million that I cut ciate your leadership in that and oth- against business; and I think we have and immediately inserted it into an- ers in moving forward on it. I know clearly indicated with our cooperation other program. that we can achieve, as far as I am con- with the gentleman from New York Now, I would work very, very hard in cerned, the balanced budget that we [Mr. BOEHLERT] and others to try and order to save the taxpayers 25 million. talked about at the top of this hour if make that connection that we can In this process everybody says, ‘‘Oh, we continue making sure that we find make it happen. MARK, 25 million, that’s no money. the common ground, that we work The EPA has a tremendous program You’re not talking serious dollars. overtime in making sure that the is- in Louisiana, which is a fast-track ap- That’s a nickel and dime.’’ And I sues that we hold so dear, whether it be proach to permitting. They are doing a thought to myself never let me think Medicare, Medicaid, environment, edu- good job, and I will commend them for that 25 million is not significant cation; those are not just one party’s that. It is a leadership environmental money. But they went and put the 25 issues or one branch of the Govern- movement within the EPA, but they million on another project. ment’s issues. They are everyone’s is- actually work hand and hand with Well, at that time I heard about Mr. sues, and we are working on them as business, they get together with them CRAPO’s lockbox, which is a phenome- well as anyone else is, and on Medicare and get their executives on board early nal technique meaning I could cut that I might say I think we have made some so they can streamline the permitting 25 million, but before it goes anywhere real progress. When the original debate process and in fact encourage that dia- I designate it to the lockbox. That started out on Medicare, we only log so, No. 1, the company’s resources means just like a Christmas club ac- learned this past April that in fact the are not expended unnecessarily. It is a count, or a savings account, or a travel President’s trustees told us there was cooperative effort, so you got both account that a family sets up. That going to be a shortfall, Medicare would sides working for harmonious relation- money is earmarked for deficit reduc- be out of business in 7 years. ships, and the reports from both the tion only. So basically the mechanism So I think we have done the biparti- corporation and from the EPA were a would take the 25 million, put it in the san, correct thing in advancing legisla- resounding success. expense account but, more importantly tion which will in fact make sure that There are things in our Government Medicare is preserved, protected, and that I think we need to work on to ex- reduce the appropriations authorized extended, but doing it; the way we take emplify and highlight so the public for that committee by a like amount so care of the problem I think is legisla- says, you know, these people are seri- no longer would they have the where- tion that is going to eliminate the ous about helping the environment, but withal to bump up other projects since fraud, abuse and waste. I was amazed they are not just going to sit there and you save money, and that is critical in to find; I do not know if you were; that throw billions of dollars at it and say order to bring the deficit down. If we do not establish some mecha- there is $30 billion a year now wasted now we feel good in our conscience be- in fraudulent, inflated claims and bill- cause we have spent money and that nism for savings where a Member can ing for services not rendered by provid- should solve everyone’s problems. actually not only take credit for waste- Mr. FOX of Pennsylvania. If the gen- ful spending, but can take credit for ers, and I do not know if you have re- tleman would yield, what you say deficit reduction, then all of our work searched that as well and found that to about fast tracking we see in Penn- and efforts is for naught because you be the case. sylvania under the leadership of our start competing against regions and Mr. FOLEY. Well, that is what we new Governor, Tom Ridge, who was a areas. know about. I mean the problem with former member of this body, where he The 25 million was important to cer- Medicare, the fraud and abuse that is has taken a leadership role on restruc- tain districts, they were upset, but bot- being perpetrated on the taxpayers is turing our State Department of Envi- tom line: everybody recognized it for so pervasive and so difficult to track ronmental Resources such that fast what it was, a wasteful spending. But if that I think in my heart if we merely tracking for permitting and working we do not have a mechanism by which went after that with the full force and with industry and the environmental- to save those dollars, to put them aside weight of the Federal Government and ists is taking place. That cooperative and to reduce the Federal deficit, this put the resources behind it we would role where government is becoming Nation will never achieve any fiscal probably save enough to hopefully bal- user friendly is what Governor Ridge of sanity. ance not only Medicare, but lead us to Pennsylvania is all about, and I think So the lockbox is critical. We are a balanced budget in our Nation. There that is going to go a long way, hope- working to get it into House legisla- is a lot of waste and fraud. But I will fully, toward getting government more tion overall and to get the Senate to tell you one thing about Medicare be- responsive to people’s needs. adopt it, and thereby, if a Fox amend- cause there is a hue and a cry by the Speaking of being responsive, I want- ment is offered to reduce spending in a other side of shame on you, and GOP ed to highlight one of the legislative unwarranted project, if it reaches the stands for get old people, and you are initiatives that you and the gentleman majority consensus that the spending destroying Medicare. from Idaho, Mr. CRAPO, have worked is unwarranted and that it should be in When I went to the district, and I am on, and that is the lockbox for savings a lockbox, we can achieve those vic- the first among freshmen Congressmen deficit reduction, and remember there tories one at a time. With a $1.6 trillion with the largest number of Medicare is an interesting story you had in com- budget we have got a long way to go recipients I am No. 7 in the Nation of mittee where you were able to reduce a based on $1.4 trillion of income and the all Members of Congress with the most budget item that you felt was wasteful rest excess spending, we have got a Medicare recipients, we would have only to find that the funds taken from long way to go to reduce our Federal often 150 to 200 people attend the hear- one wasteful item was given to another dependency on dollars and to wean us ings, and when I explain the program, pet project for someone else’s district, off of a natural addiction toward spend- stay in traditional Medicare, do not and I believe that your lockbox legisla- ing. change premiums, stay the same, no tion with Congressman CRAPO will in Lockbox is the only answer that I different than they would have been, fact ameliorate that problem, and if have found in all of my budgetary pur- they become more comfortable, they you can outline that further for our suits that works, and the gentleman find that they can go to a managed colleagues, I would appreciate it. from Idaho [Mr. CRAPO] is to be com- care physician, care network or a medi- Mr. FOLEY. Just a quick summary mended, as are other Members, the cal savings account more and more for those listening: gentleman from Oklahoma [Mr. comforted. The fact is if they choose a H 1696 CONGRESSIONAL RECORD — HOUSE March 5, 1996 product that they do not like, the fol- pork barrel, just in there for one Rep- the process is that allows the member- lowing year they can disenroll in that resentative or Senator and not really ships to pass bills onto other people and reenroll in something else or go there to have permanent, long-term and not have them impact their own back to traditional Medicare, and the value for our Nation. And the line-item lives or their own offices. options and ranges of options created veto is an idea whose time has cer- When I first toured the Capitol com- in the plan do not deny benefits, in fact tainly arrived. plex after being elected, I go to many encourage opportunities for seniors. Mr. FOLEY. Well, if you think about offices looking for which one I may po- One person at a town hall meeting the debate that can occur, and when tentially select in the draw, and in said, ‘‘You know, I like chiropractic people say line-item veto, what power front of every door that had, you know, care and it is not covered under Medi- does that give the President? Well, just the exits out into the hallways were care; why not?’’ I said, well, in the like you mentioned with your Gov- books and computers and desks block- medical savings account you could ernor, they can strike through the ap- ing the exists. There was generally in make that discretionary choice with propriation as wasteful pork spending most offices one exit remaining open. the moneys we provide in your account without having to veto an entire bill. Now in a business, OSHA, the fire to spend on the health care you think But the safeguard for Congress is if a marshall, everyone would have cited best suits your appropriate condition, President, and a lot of people say, well, that facility for not having a proper es- 7.5-percent increase. I mean, every- they can take retribution against a cape for an employee. thing, when I finished the hearings I Member. If the President does not like Congressman FOLEY, he can strike out did not get but one or two persons still b 1415 disapproving, and often that was more all of his projects. Well, if my projects of a partisan than it was a practical are so good, I can go back to the floor Here in Congress they can do what- disagreement. after the veto and defend them among ever they want, clog up the offices, What they were saying was you know my colleagues and get an override junk everywhere, and they consider you have comforted me knowing, first within the next couple of days to re- that fair. of all, it is not going out of business if store the project. Civil rights laws, fair labor stand- you get your bill enacted. Second, So I do not sense this disastrous con- ards, all the things that we impose on choices. Third, competition. Fourth, sequence of a line-item veto. In fact, I small businesses, Members of Congress we are not creating a new commission sense that there could be a bigger op- sat back and said, ‘‘Oh, no, but I am for fraud, waste and abuse; it stays portunity for us to really tighten the holier than thou. I do not need to en- with Donna Shalala, it stays with HHS. rein of Government, and give the Presi- force those laws on ourselves, because We are getting a hotline and increased dent an active hand in budgetary nego- we are in fact the Congress. We are the enforcement in penalties, but the Medi- tiations, and in fact strike through superior body of mankind.’’ I think it some of these things you read about, care bill for the first time provides a was that attitude that got this Con- these studies, asparagus studies, or, road map for our system to make cer- gress into such trouble. you know, this and that study, none of tain that seniors, ourselves included Mr. FOX of Pennsylvania. Mr. Speak- which lead to any better prosperity for some day when we make that golden er, I think the gentleman from Penn- anyone that has a response to the year, are in fact provided for, not a sylvania [Mr. WELDON] would be glad to study. It is just another give-back to Band-aid, not a political let us ignore know that we will now have a change communities, a little pork barrel it until it really becomes a crisis. Let in that, as the person who started the spending that I think has to stop. Line- us look at it now strategically and firefighters’ caucus in the Capitol. I am item veto is the only mechanism in make certain Medicare is something sure he will take the initiative to work which to do that. we can all be proud of in the year 2010, with the appropriate authority to Mr. FOX of Pennsylvania. And with change that. 2020, and beyond. two other programs which have been Mr. FOX of Pennsylvania. What is in- It is also interesting to note that we adopted, that one is soon to be signed have taken not only reform measures teresting is the President and the First by the President hopefully, as soon as Lady a couple a years ago said the way when it comes to fiscal responsibility, the compromise version is agreed to, but we have changed how we run the to solve the Medicare crisis is to make but two other bills I think of note that sure we control the rate of growth, and institution. We have one-third less this 104th Congress has passed and the committee staff. We have in fact also that is exactly what the majority pro- President has signed, one would be the made sure that the pensions that Mem- posal was and is, so hopefully we can accountability law which says all the bers receive are now not special, they work together with the White House, laws we pass are now also applied to are the same as any other Federal em- and both sides of the aisle and both the Congress. Prior Congresses said, ployee. We have eliminated the right of Chambers, the House and Senate, to well, the fair labor standards, civil lobbyists to give us gifts. Our constitu- make sure we save Medicare for our rights law, family leave does not apply ents do not get gifts, except at holiday seniors. We want that quality health to our employees. care to be there for them and to make Now, how can we in heavens under- time and birthdays. Why should we sure it is a system that is not just stand the bills if they do not affect us have anything special as well? We also going to stop in the year 2002. too? Well, now those laws do apply to have passed lobbying disclosure, and Mr. FOLEY. One other item, line- us, and we, as well, passed legislation campaign reform is in the offing, very item veto. That seems to be a signifi- dealing with unfunded mandates, local shortly to be passed. There are several cant legislative initiative passed by government, State government. We are good bills out there, I think, to make this body. I hope we are going to be all told by prior Congresses, well, look, campaign reform a reality. able to flush that out and get it passed we are going to send you this bill, you So this Congress is different. We are by the Senate and onto the President are going to have to do it. If it costs getting our fiscal house in order with a for his signature. money? That is too bad, we are not line item veto, with a balanced budget, Mr. FOX of Pennsylvania. Well, we sending you any. stopping the unfunded mandates. But passed a version early on in the 104th Well, this new Congress has said, and the reforms of the Congress itself have Congress, first session. The Senate the President agreed and signed the also come about when it comes to how passed a slightly different version. But bill, saying no more unfunded man- we operate the institution. Hopefully I am hopeful that this bill will get to dates. If we think it is such a good that will continue as we move forward. the President and a compromise ver- idea, then we are going to send the Mr. FOLEY. Mr. Speaker, if the gen- sion after the conferees have met be- money back to local districts so we do tleman will continue to yield a final cause line-item veto like 43 Governors not bankrupt townships and towns and moment, I want to thank him very have in the country, the chance to burroughs and villages just because we much. I thank him for this excellent eliminate waste, fraud, and abuse, that think here in Congress it is such a good opportunity to portray the things we exists. My own Governor, Governor idea. are trying to do, to balance the budget, Ridge, has a chance in Pennsylvania to Mr. FOLEY. If the gentleman would and for his leadership on a number of eliminate those programs that are just yield, if you can imagine how in name issues. March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1697 Mr. FOX of Pennsylvania. I thank The Sergeant at Arms will notify ab- Montgomery Roemer Talent Moorhead Rogers Tanner the gentleman, Mr. Speaker. I appre- sent Members. Moran Rohrabacher Tate ciate the opportunity to address the The vote was taken by electronic de- Murtha Ros-Lehtinen Tauzin House and my colleagues. vice, and there were—yeas 416, not vot- Myers Rose Taylor (MS) ing 15, as follows: Myrick Roth Taylor (NC) RECESS Nadler Roukema Tejeda The SPEAKER pro tempore. (Mr. [Roll No. 44] Neal Roybal-Allard Thomas ROGERS). Pursuant to clause 12 of rule YEAS—416 Nethercutt Royce Thompson Neumann Rush Thornberry I, the Chair declares the House in re- Ackerman Dellums Holden Ney Sabo Thornton cess until approximately 3 p.m. Allard Deutsch Horn Norwood Salmon Thurman Accordingly (at 2 o’clock and 15 min- Andrews Diaz-Balart Hostettler Nussle Sanders Tiahrt Archer Dickey Houghton utes p.m.), the House stood in recess Oberstar Sanford Torkildsen Armey Dicks Hoyer Obey Sawyer Torres until approximately 3 p.m. Bachus Dingell Hunter Olver Saxton Torricelli f Baesler Dixon Hutchinson Orton Scarborough Towns Baker (CA) Doggett Hyde Owens Schaefer Traficant b 1501 Baker (LA) Dooley Inglis Oxley Schiff Upton Baldacci Doolittle Istook Packard Schroeder Velazquez AFTER RECESS Ballenger Dornan Jackson (IL) Pallone Schumer Vento Barcia Doyle Jackson-Lee Parker Scott Visclosky The recess having expired, the House Barr Dreier (TX) Pastor Seastrand Volkmer was called to order by the Speaker pro Barrett (NE) Duncan Jacobs Paxon Sensenbrenner Vucanovich Barrett (WI) Dunn Jefferson tempore (Mr. ROGERS) at 3 o’clock and Payne (NJ) Serrano Waldholtz Bartlett Edwards Johnson (CT) 1 minute p.m. Payne (VA) Shadegg Walker Barton Ehlers Johnson (SD) Pelosi Shaw Walsh f Bass Emerson Johnson, E. B. Peterson (FL) Shays Wamp Bateman Engel Johnson, Sam Peterson (MN) Shuster Ward ANNOUNCEMENT BY THE SPEAKER Becerra English Johnston Petri Sisisky Waters PRO TEMPORE Beilenson Ensign Jones Pickett Skaggs Watt (NC) Bentsen Eshoo Kanjorski Pombo Skeen Watts (OK) The SPEAKER pro tempore. Debate Bereuter Evans Kasich Pomeroy Skelton Waxman has concluded on all motions to sus- Berman Everett Kelly Porter Slaughter Weldon (FL) Bevill Ewing Kennedy (MA) pend the rules. Pursuant to clause 5 of Portman Smith (MI) Weldon (PA) Bilbray Farr Kennedy (RI) Poshard Smith (NJ) Weller rule I, the Chair will now put the ques- Bilirakis Fattah Kennelly Pryce Smith (TX) White tion on approval of the Journal and Bishop Fawell Kildee Quillen Smith (WA) Whitfield then on each motion to suspend the Bliley Fazio Kim Quinn Solomon Wicker Blute Fields (LA) King Radanovich Souder Williams rules on which further proceedings Boehlert Fields (TX) Kingston Rahall Spence Wilson were postponed earlier today in the Boehner Filner Kleczka Ramstad Spratt Wise order in which the motion was enter- Bonilla Flake Klink Rangel Stark Wolf Bonior Flanagan Klug tained. Reed Stearns Woolsey Bono Foglietta Knollenberg Regula Stenholm Yates Votes will be taken in the following Borski Foley Kolbe Richardson Stockman Young (AK) order: Boucher Forbes LaFalce Riggs Studds Young (FL) Approval of the Journal; de novo; Brewster Ford LaHood Rivers Stump Zeliff Browder Fowler Lantos Roberts Stupak Zimmer H.R. 2778, de novo; and Brown (CA) Fox Largent H.R. 2853, de novo. Brown (OH) Frank (MA) Latham NOT VOTING—15 The Chair will reduce to 5 minutes Brownback Franks (CT) Laughlin Abercrombie Durbin McCarthy Bryant (TN) Franks (NJ) Lazio the time for any electronic vote after Brown (FL) Ehrlich Morella Bryant (TX) Frelinghuysen Leach Chenoweth Kaptur Ortiz the first such vote in this series. Bunn Frisa Levin Collins (MI) LaTourette Stokes f Bunning Frost Lewis (CA) DeFazio Lipinski Wynn Burr Funderburk Lewis (GA) THE JOURNAL Burton Furse Lewis (KY) b 1523 Buyer Gallegly Lightfoot The SPEAKER pro tempore. Pursu- Callahan Ganske Lincoln Mr. SCARBOROUGH changed his ant to clause 5 of rule I, the pending Calvert Gejdenson Linder vote from ‘‘nay’’ to ‘‘yea.’’ Camp Gekas Livingston business is the question de novo of Campbell Gephardt LoBiondo So (two-thirds having voted in favor agreeing to the Speaker’s approval of Canady Geren Lofgren thereof) the rules were suspended, and the Journal of the last day’s proceed- Cardin Gibbons Longley the bill, as amended, was passed. Castle Gilchrest Lowey The result of the vote was announced ings. Chabot Gillmor Lucas Pursuant to clause 1, rule I, the Jour- Chambliss Gilman Luther as above recorded. nal stands approved. Chapman Gonzalez Maloney A motion to reconsider was laid on Christensen Goodlatte Manton the table. f Chrysler Goodling Manzullo Clay Gordon Markey f SPECIAL TAX TREATMENT FOR Clayton Goss Martinez UNITED STATES TROOPS IN Clement Graham Martini PERSONAL EXPLANATION BOSNIA Clinger Green Mascara Clyburn Greenwood Matsui Mr. ABERCROMBIE. Mr. Speaker, earlier The SPEAKER pro tempore. The Coble Gunderson McCollum today the House considered on the suspen- pending business is the question de Coburn Gutierrez McCrery sion calendar, H.R. 2778, a bill to give special novo of suspending the rules and pass- Coleman Gutknecht McDade tax treatment to United States troops in Collins (GA) Hall (OH) McDermott ing the bill, H.R. 2778, as amended. Collins (IL) Hall (TX) McHale Bosnia. As a strong supporter of the members The Clerk read the title of the bill. Combest Hamilton McHugh of our Armed Forces I strongly support this The SPEAKER pro tempore. The Condit Hancock McInnis measure. Had I been present on roll No. 44 I Conyers Hansen McIntosh question is on the motion offered by Cooley Harman McKeon would have noted ``aye.'' the gentleman from Kentucky [Mr. Costello Hastert McKinney f BUNNING] that the House suspend the Cox Hastings (FL) McNulty rules and pass the bill, H.R. 2778, as Coyne Hastings (WA) Meehan MOST-FAVORED-NATION Cramer Hayes Meek TREATMENT FOR BULGARIA amended. Crane Hayworth Menendez The question was taken. Crapo Hefley Metcalf The SPEAKER pro tempore (Mr. Mr. BUNNING. Mr. Speaker, I object Cremeans Hefner Meyers ROGERS). The pending business is the Cubin Heineman Mica to the vote on the ground that a Cunningham Herger Miller (CA) question of suspending the rules and quorum is not present and make the Danner Hilleary Miller (FL) passing the bill, H.R. 2853. point of order that a quorum is not Davis Hilliard Minge The Clerk read the title of the bill. present. de la Garza Hinchey Mink The SPEAKER pro tempore. The Deal Hobson Moakley The SPEAKER pro tempore. Evi- DeLauro Hoekstra Molinari question is on the motion offered by dently a quorum is not present. DeLay Hoke Mollohan the gentleman from Illinois [Mr. H 1698 CONGRESSIONAL RECORD — HOUSE March 5, 1996

CRANE] that the House suspend the from Kentucky, JIM BUNNING. But I BUNNING, to my constituency. I would rules and pass the bill, H.R. 2853. know that our friends in Philadelphia, like to point out to my colleagues that The question was taken; and (two- like the gentlemen from Pennsylvania, his election came from his peers, peo- thirds having voted in favor thereof) CURT WELDON and JIM GREENWOOD, and ple like Ted Williams and Stan Musial the rules were suspended and the bill many others, BOB BORSKI, TOM FOGLI- and Yogi Berra and Pee Wee Reese and was passed. ETTA, all the other Members, know Bill White. The greats of baseball rec- A motion to reconsider was laid on that the gentleman from Kentucky, ognized another great. the table. JIM BUNNING, is a hero not only on the For those of you who have dreams of f field of baseball, but JIM BUNNING has coming to Cooperstown, NY, I would been a hero as a congressional leader like to welcome you all to come up to NAMING OF THE HONORABLE JIM and as someone who has held the great that magnificent community to see the BUNNING TO BASEBALL’S HALL family principles of life, someone who induction of the gentleman from Ken- OF FAME is fair dealing, someone who cares tucky, JIM BUNNING, this year. (Mr. HYDE asked and was given per- about others, and someone who, in his Mr. FOGLIETTA. Mr. Speaker, will mission to address the House for 1 lifetime, has really made a difference. the gentleman yield? minute.) Mr. Speaker, I would ask my col- Mr. HYDE. I yield to the gentleman Mr. HYDE. Mr. Speaker, I have a leagues to stand and rise to this great from Pennsylvania for a brief com- very special announcement to make. American hero, the gentleman from ment. Mr. FOGLIETTA. I thank the gen- One of our colleagues, the gentleman Kentucky, JIM BUNNING. tleman for yielding to me. from Kentucky [Mr. BUNNING], was just Mr. HYDE. Mr. Speaker if I might Mr. Speaker, not only is this an named to the Baseball Hall of Fame. yield very briefly to the gentleman honor for Pennsylvania and for the city Mr. Speaker, I am sure that my col- from Pennsylvania, CURT WELDON, who of Philadelphia, but the fact is that the leagues all know that the gentleman formerly was the Congressman of JIM gentleman from Kentucky, JIM from Kentucky [Mr. BUNNING] is the BUNNING. BUNNING, achieved his greatness in the only major league pitcher ever to pitch Mr. WELDON of Pennsylvania. Mr. First Congressional District of Penn- a no-hit game in both the National Speaker, I thank my colleague for sylvania, in Philadelphia, that I now League and the American League and yielding to me. represent. JIM, it is a good, solid Demo- that his selection to the Hall of Fame Let me just say, Mr. Speaker, that cratic district. was not by baseball writers, but by the there is no one that the members of the The heritage in south Philadelphia veterans themselves, which makes it, Pennsylvania delegation would fear was from Joe DiMaggio, and most of it seems to me, a little loftier in stat- more in coming back to our State and the kids in south Philadelphia were ure. running for elective office than JIM Yankee rooters, so we were thrilled b 1530 BUNNING, because he is adored by all of when JIM finally came to Philadelphia our constituents, whether they be in with the Phillies, rather than with the Mr. Speaker, I might trespass upon the district of the gentlemen from my friendship with the gentleman from A’s, so he would not have to pitch Pennsylvania, TOM FOGLIETTA, CHAKA against the Yankees anymore. But Kentucky [Mr. BUNNING] to tell the FATTAH, or BOB BORSKI’s district, or Members a true story. I think I have when he came to Philadelphia, all whether they be over in the district of Philadelphia became fans of JIM the year right. 1958. Maybe it was 1968, the gentleman from New Jersey, ROB BUNNING’s. but I am going to say 1958. The gen- ANDREWS, or the district of the gen- Only last week in the article, letters tleman from Kentucky [Mr. BUNNING] tleman from Delaware, MIKE CASTLE, to the editor, young people were writ- was pitching for the Detroit Tigers or in our suburban districts around ing praising the exploits of JIM against the New York Yankees. The Philadelphia. BUNNING, and urging those who were New York Yankees had a first base JIM is adored because the gentleman going to vote to elect him to the Base- coach named Bob Turley, a former from Kentucky, years ago, and I will ball Hall of Fame. I am so happy that pitcher who was very skilled at steal- not say how long ago, was my boyhood they did. We admire you, JIM. You are ing signs. Every time JIM would throw idle when I was a Phillies fan growing a great, great, great Philadelphian. a fastball, Turley would whistle, and up in the suburbs. I have told him that Mr. HYDE. Mr. Speaker, I wonder if I the batters knew what the pitch was. many times. But JIM BUNNING, years might yield to the gentleman from Now, the first batter up was Bobby ago, represented the same ideals that Kentucky [Mr. BUNNING] for a few com- Richardson, and JIM got him out. The Cal Ripken stands for today. ments. second batter up was Tony Kubek, the Mr. Speaker, while we acknowledge Mr. BUNNING of Kentucky. Mr. shortstop. JIM got him out. The third JIM BUNNING’s leadership as a profes- Speaker, I want to thank the gen- batter stepped in, Mickey Mantle, and sional baseball player, let us also ac- tleman from Illinois [Mr. HYDE]. JIM walked over to the first base coach, knowledge his stature as a human Mr. Speaker, it is hard to speak after Turley, and he said, ‘‘If you whistle, I being and as a father and as a husband 25 years. I have been retired from base- am going to hit him right in the back and a man. As the proud parent of nine ball for 25 years. None of the numbers with a pitch.’’ JIM took the mound. He children, and who knows how many that were on the back of my card have got his sign and he was at the top of his grandchildren, JIM BUNNING really epit- changed in that time. They are all the windup when Turley whistled. JIM de- omizes what is right with this country. same numbers that I retired with, so it cided to cross everybody up. He threw I am proud to call him not just a col- has been a long waiting process. Thank a slider. It got away from him, and hit league, but someone that all of us can God it happened while I was still on my Mantle right in the back. Mantle head- look up to in this country as a true feet. Sometimes it happens post- ed toward the mound with his bat, but role model for America. humously, and I really deeply appre- decided better of it, and trotted down Congratulations, JIM. The people of ciate the veterans committee. As the to first base. Philadelphia are real proud to call you gentleman from Illinois, HENRY HYDE, The next batter was Yogi Berra. Yogi their own. said, ‘‘Those are some of your peers stepped in, pounded the plate, looked Mr. BOEHLERT. Mr. Speaker, will that voted you in.’’ at JIM BUNNING and said, ‘‘Hey, JIM, if the gentleman yield? Particularly I talked with Yogi Turley whistles, I ain’t listening.’’ Mr. HYDE. I yield to the gentleman Berra, who was on the committee, and Mr. FOX of Pennsylvania. Mr. Speak- from New York. I talked with Peewee Reese, who was er, will the gentleman yield? Mr. BOEHLERT. I thank my col- on the committee. I talked to Bill Mr. HYDE. I yield to the gentleman league for yielding to me. White, one of my teammates from from Pennsylvania. Mr. Speaker, I would like to tell my Philadelphia, after the vote was taken Mr. FOX of Pennsylvania. Mr. Speak- colleagues, as the Congressperson who today. So it is deeply appreciated. I er, it is hard to top what our good was privileged to represent Coopers- would be remiss if I did not mention friend, the gentleman from Illinois, has town, NY, I would like to welcome the Alan Lewis, who happened to be a writ- said about the wonderful gentleman gentleman from Kentucky, JIM er, a beat writer in Philadelphia, when March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1699 I was playing. It was through his ef- PERSONAL EXPLANATION necessarily an issue of personal respon- forts that this happened, nobody else’s. Mr. FILNER. Mr. Speaker, I was un- sibility, but of environment. They tend Thank you very much. able to be present for a number of re- to believe that the slick criminal trial Mr. HYDE. It was through your ef- sent rollcall votes. lawyers, the liberal jurists, and endless forts, JIM, not anybody else’s. Had I been present, I would have death penalty appeals have been a good Mr. LEVIN. Mr. Speaker, will the voted as follows: rollcall No. 20, ‘‘no’’; development for our criminal justice gentleman yield? rollcall No. 21, ‘‘yes’’; rollcall No. 22, system. They advocate rehabilitation, Mr. HYDE. I yield to the gentleman ‘‘yes’’; rollcall No. 23, ‘‘no’’; rollcall No. lenient sentences, and legal loopholes, from Michigan. 24, ‘‘yes’’; rollcall No. 25, ‘‘yes’’; rollcall often in the name of compassion. Then there are those like myself, Mr. LEVIN. Mr. Speaker, Michigan No. 26, ‘‘no’’; rollcall No. 27, ‘‘no’’; roll- those who are sick and tired of crimi- would be remiss if it did not add its call No. 28, ‘‘no’’; rollcall No. 29, ‘‘no’’; nals preying on our families and chil- words of congratulations. I have the rollcall No. 30, ‘‘yes’’; and rollcall No. dren. We are tired of our kids being privilege of sitting on the Committee 43, ‘‘yes’’. afraid to walk to school alone, we are on Ways and Means with the gen- f tired of illegal drugs that are poisoning tleman from Kentucky, JIM BUNNING. I our youth, eating away at their fu- just want to say to you, to JIM, he is MOST-FAVORED-NATION TREATMENT FOR BULGARIA tures. We are tired of slick criminal de- still throwing strikes, and now and fense lawyers pushing criminals to then a curve ball. I am sometimes the The SPEAKER pro tempore. Without freedom through legal loopholes. We recipient, and all I can say is I am glad objection, the title of H.R. 2778, to pro- are tired of seeing our prisoners treat- I am receiving them in the Committee vide that members of the Armed Forces ed better than the working men and on Ways and Means, rather than on a performing services for the peacekeep- women of this country. baseball team. ing effort in the Republic of Bosnia and I would like to give you just one re- JIM was a terrific person and a ter- Herzegovina shall be entitled to certain cent example of what those of us in the rific pitcher for the Tigers, and tax benefits in the same manner as if silent majority are tired of. A recent brought moments of great glory to our such services were performed in a com- decision by Federal Judge Herald Baer State of Michigan. JIM, if I might bat zone, passed earlier today, is illustrates what is wrong with the lib- speak on behalf of a lot of people, I amended. erals’ view on crime, and why it is so think, from the State of Michigan to There was no objection. important that we put justice back congratulate you on an award long in The title was amended so as to read: into our criminal justice system. coming and more than richly deserved: ‘‘A bill to provide that members of the Judge Baer was appointed by Presi- Congratulations. Armed Forces performing services for dent Clinton, due to, in President Clin- Mr. STEARNS. Mr. Speaker, will the the peacekeeping efforts in Bosnia and ton’s own words, ‘‘his outstanding gentleman yield? Herzegovina, Croatia, and Macedonia record of achievement.’’ One wonders if Mr. HYDE. I yield to the gentleman shall be entitled to tax benefits in the President Clinton would stand by those from Florida. same manner as if such services were words today, after reading Judge Mr. STEARNS. Mr. Speaker, I had performed in a combat zone, and for Baer’s recent opinion. the honor to have the gentleman from other purposes.’’. b 1545 Kentucky, JIM BUNNING, in my congres- f This is an account of his recent opin- sional district. I represented Ted Wil- RESIGNATION AS MEMBER OF ion. liams. Ted Williams being a constitu- COMMITTEE ON SMALL BUSINESS During the early morning hours of ent of mine, he wanted to meet with April 21, 1995, police officer Richard JIM BUNNING, so the two of them met in The SPEAKER pro tempore laid be- Carroll and his partner, Sergeant Bent- my congressional district at a dinner, fore the House the following resigna- ley, were assigned to plainclothes duty and we had a wonderful time. I would tion as a member of the Committee on patrol on the north end of Manhattan, point out to my colleagues here that Small Business: an area well known for being a hub for JIM BUNNING struck out the greatest CONGRESS OF THE UNITED STATES, the drug trade. At about 5 in the morn- hitter of all time, Ted Williams, three HOUSE OF REPRESENTATIVES, ing, these veteran officers observed a March 5, 1996. times in one afternoon. He has that woman slowly driving a car with out- kind of staying power and that kind of NEWT GINGRICH, Speaker, House of Representatives, of-State license plates. The woman pitching power. Washington, DC. stopped the car, double-parked, and But one thing that Ted Williams did DEAR MR. SPEAKER: I hereby resign from waited. say to me confidentially is that ‘‘JIM the Committee on Small Business. Soon four men approached the car, BUNNING should be in the Hall of Fame, Very truly yours, walking single file. Without saying so and God willing, JIM BUNNING some day CHAKA FATTAH, much as one word to the female driver, will be in the Hall of Fame,’’ so I think Member of Congress. the men lifted open the trunk of the Ted Williams was forecasting what has f car and placed several duffle bags into occurred. I congratulate him, and I CALLING FOR REFORM OF THE the car. think, on behalf of Ted Williams and For obvious reasons becoming a little CRIMINAL JUSTICE SYSTEM others, we wish JIM BUNNING the best. suspicious, Officers Carroll and Bentley We are glad that he was finally recog- The SPEAKER pro tempore. Under a drove up to the four males. Imme- nized. previous order of the House, the gen- diately the four males began running. tleman from Nebraska [Mr. Unable to apprehend the fleeing men, f CHRISTENSEN] is recognized for 5 min- the officers immediately pulled over utes. the woman’s car. Mr. CHRISTENSEN. Mr. Speaker, I REMOVAL OF NAME OF MEMBER Upon opening the trunk of the car, also serve on the Subcommittee on So- AS COSPONSOR OF H.R. 1963 AND the officers discovered more than 80 cial Security, and I am honored to call H.R. 1972 pounds of cocaine and heroin in the the gentleman from Kentucky [Mr. trunk with a street value of over $4 Mr. FILNER. Mr. Speaker, I ask BUNNING] my chairman, and it is indeed million. The woman admitted that she unanimous consent that my name be with honor that I serve on his commit- was purchasing drugs, even stating removed as a cosponsor of H.R. 1963 and tee. that she had expected to be paid $20,000 H.R. 1972. Mr. Speaker, today I want to talk for the trip and that she had made 20 The SPEAKER pro tempore (Mr. about another issue. If I have learned similar trips in the past. ROGERS). Is there objection to the re- anything over the past year in Con- Now, where I come from in Nebraska, quest of the gentleman from Califor- gress, it is that there are two opposing common sense tells us that people like nia? views on crime in our country. There that should go to jail. These trained of- There was no objection. are those who believe that crime is not ficers clearly had a reason to pull over H 1700 CONGRESSIONAL RECORD — HOUSE March 5, 1996 the car. You had an out-of-State car, it TRUTH IN ADVERTISING FOR FARRAKHAN’S MIDDLE EAST TRIP was moving slowly, in a drug-dealing STATE-RUN LOTTERIES CHALLENGES NATIONAL SECURITY neighborhood, in the wee hours of the The SPEAKER pro tempore Mr. (FOX The SPEAKER pro tempore. Under a morning, four men put duffle bags in of Pennsylvania). Under a previous previous order of the House, the gen- the trunk without speaking to the order of the House, the gentleman from tleman from Georgia [Mr. BARR] is rec- driver. The four men took off running Texas, Mr. PETE GEREN, is recognized ognized for 5 minutes. when approached by the police. for 5 minutes. Mr. BARR of Georgia. Mr. Speaker, Well, unfortunately, that did not Mr. PETE GEREN of Texas. Mr. recently a gentleman named Louis happen. After the slick criminal trial Speaker, today I introduce legislation lawyers and liberal Judge Baer got Farrakhan toured over a dozen African requiring State lotteries to inform con- through with the case, the court ruled and Middle Eastern countries, includ- sumers of the statistical probability of that the officers did not have a reason- ing Libya, Nigeria, Iraq, and Iran. Dur- winning the lottery prize as a part of able suspicion that the woman was in- ing Mr. Farrakhan’s trips abroad, and all radio and television advertising. volved in criminal activity. Judge specifically during his trip to Libya, As a general principle, the Federal Baer, in his infinite wisdom, suppressed Libyan strong man and known terror- Government has been quite aggressive all of the evidence, and now it appears ist Mu’ammar Qadhafi pledged $1 bil- in requiring truth in advertising from that yet another drug dealer will go lion to Mr. Farrakhan’s Nation of those who use our Nation’s airwaves. free. Islam to be used here in this country Why? Because Judge Baer decided However, it has neglected to act in one to, I believe, improperly influence the that it was normal for people to run of the Nation’s fastest growing indus- American political system. from the police in this drug-ridden tries, that is, State-run lotteries. By the pledges and statements made neighborhood. According to this Clin- In 1994, nationwide, consumers spent by strong man Qadhafi, the following ton appointee, quote, had the men not $34.4 billion on lottery tickets. In laws may have been broken, and fur- run when the cops began to stare at Texas alone we spent almost $3 billion. ther may have been broken by Mr. them, it would have been unusual, end These billions were spent in spite of Farrakhan himself: the Foreign Agents of quote. Well, maybe our men in blue the fact that the chance of winning the Registration Act; the Libyan sanctions should start arresting everyone who lottery grand prize is less likely than regulations; restrictions on campaign does not run, then. getting struck by lightning. contributions and expenditures by for- The bottom line, I believe, is this: It Mr. Speaker, there were 1.178 billion eign nationals; passport travel restric- is high time judges stopped looking for lottery tickets bought for the Lotto tions; and the Logan Act. ways to protect criminals, and it is Texas grand prize last year. There were Mr. Speaker, this is a direct chal- high time our leaders started looking 74 grand prize winners. Statistically, lenge to the national security and na- for ways to protect families. We can the chance of winning the Lotto Texas tional interest of the United States of and we must restore safety to our grand prize is 1 in 15,890,700. America and her people. Mr. Qadhafi streets and sanity to our justice sys- Mr. Speaker, if a medical product of- has himself stated that this is one way tem. fered one person in 15,890,700 a chance to infiltrate America. Moslems from We are fighting hard here in the 104th of growing hair on a bald head, the abroad, through these various political Congress to protect the American FDA would not approve it and the FTC organizations, are calling to unite with dream, but an essential part of that would not allow it to be advertised on those in this country in subversion of dream is restoring freedom from fear in TV as a cure for baldness. Unfortu- the U.S. Government and its govern- our streets in America. We must have nately. If a stock broker, price indexer, mental systems. safe streets and secure schools, and I advertised an investment where 1 per- Mr. Speaker, further, Iranian Prime believe we can achieve this on a bipar- son gets rich and 15 million get nothing Minister Rafsanjani has stated regard- tisan fashion here in the 104th Con- in TV ads showing only the person who ing Mr. Farrakhan’s visit to his coun- gress. got rich, the SEC would shut him try, also on the list of terrorist na- f down. tions, ‘‘Let our enemies call this export The SPEAKER pro tempore. Under a The duty of a State to its people is of revolution. We do not fear this.’’ previous order of the House, the gen- higher than I would ask of private citi- Congress must hold hearings and the tleman from Florida [Mr. BILIRAKIS] is zens or a business. If a State is going to appropriate law enforcement agencies recognized for 5 minutes. be in the numbers business and use the in the executive branch must inves- Nation’s airwaves to market the [Mr. BILIRAKIS addressed the tigate these matters. We cannot turn a chance of living the life style of the House. His remarks will appear here- blind eye to blatant disregard of our rich and famous, it has the duty to tell after in the Extensions of Remarks.] Nation’s laws and national interests. those people their chances of winning f Questions must be answered as to the that life style. The SPEAKER pro tempore. Under a legality of Mr. Farrakhan’s actions, For most of our Nation’s history lot- and this administration’s apparent un- previous order of the House, the gentle- teries and other numbers games were woman from New York [Mrs. MALONEY] willingness to pursue Mr. Farrakhan illegal. They were illegal because they for an explanation of his actions must is recognized for 5 minutes. were deceptive and tricked people out [Mrs. MALONEY addressed the not be allowed to lie. of their hard-earned money. Times Did this administration send a letter House. Her remarks will appear here- have changed, and today lotteries are after in the Extensions of Remarks.] to Farrakhan stating it was illegal to an accepted fact of life. We have a duty travel to certain of these nations? f to ensure our Nation’s airwaves; we What steps has this administration The SPEAKER pro tempore. Under a have a duty to ensure that the people taken, if any, to investigate possible previous order of the House, the gen- get the facts. violations of U.S. law? Why did this ad- tleman from Indiana [Mr. BURTON] is In Texas, every ad that brings the ministration allow Mr. Farrakhan to recognized for 5 minutes. smiling face of our State’s newest mil- reenter the United States, knowing of [Mr. BURTON addressed the House. lionaire in the living room should con- his activities and statements abroad, His remarks will appear hereafter in clude with the tag line, ‘‘The chances without even checking his passport for the Extensions of Remarks.] of winning are 1 in 15,890,700.’’ a Libyan stamp? f f Mr. Speaker, I have called for hear- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a ings, as have others. I have written to previous order of the House, the gentle- previous order of the House, the gen- Secretary of State Warren Christopher woman from Ohio [Ms. KAPTUR] is rec- tleman from California [Mr. HUNTER] is and Attorney General Janet Reno call- ognized for 5 minutes. recognized for 5 minutes. ing for an immediate and in-depth re- [Ms. KAPTUR addressed the House. [Mr. HUNTER addressed the House. view of these matters. Her remarks will appear hereafter in His remarks will appear hereafter in Mr. Speaker, I include the following the Extensions of Remarks.] the Extensions of Remarks.] correspondence for the RECORD: March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1701 CONGRESS OF THE UNITED STATES, With kind regards, I am, mall, struck a crowded center filled HOUSE OF REPRESENTATIVES, Very truly yours, with families and many children Washington, DC, February 14, 1996. BOB BARR, dressed in costume for the Jewish holi- Hon. WARREN CHRISTOPHER, Member of Congress. day festival of Purim. At least 12 were U.S. Department of State, Mr. Speaker, to say that Mr. killed and 120 wounded in yesterday’s Washington, DC. Farrakhan is, quote, cavorting with Re Louis Farrakhan’s Trip to Iran and Libya bombing, only 1 day after a bus bomb- dictators, close quote, as one presi- DEAR MR. SECRETARY: I write to urge you ing in Jerusalem killed 18 people. The as the Secretary of State to investigate dential spokesman initially said, is not latest terrorist attacks bring the death Louis Farrakhan’s recent trips to Libya and enough. Our laws should be the rule of toll of this 9-day siege to 59. Iran, which are listed on the United States’ the land, not political interests of the The United States and the world terrorist list for their roles in state spon- moment. must stand with Israel in this time of sored terrorism. By engaging in such travel, Even beyond, Mr. Speaker, the imme- crisis. The actions of Hamas, the mili- it is my understanding that Mr. Farrakhan diate questions about whether Mr. tant Moslem group which has claimed may have violated several federal statutes, Farrakhan has violated U.S. laws, responsibility for these bombings, including the Foreign Agents Registration looms the broader issue of whether Act, various passport travel restrictions, should not be tolerated. We cannot sanctions regulations and the Logan Act. U.S. laws purporting to guard against allow these terrorists to undermine the An investigation by your department is U.S. citizens conspiring to work peace process and reverse the tremen- critical to determine the means by which against U.S. national security interests dous progress that has been made. Mr. Farrakhan traveled to Libya and Iran, have any meaning whatsoever. Do our More importantly, we must do all we what economic contributions he may have laws, which prevent U.S. citizens from can to stop these terrorist attacks and made to these countries, whether there ex- serving as conduits for foreign money all who would support them militarily ists any financial relationship between these being interjected into the U.S. political and financially. terrorist governments and Louis system, have any meaning or not? Israeli President Shimon Peres reit- Farrakhan’s Nation of Islam, and answers to other relevant questions. These fundamental and basic ques- erated yesterday that Israel would not It is unconscionable and unacceptable for tions about the scope and strength and surrender to terrorists, and I have no our government to stand idly by, while fed- rule of U.S. laws guarding our national doubt he will bring the nation’s full eral laws may have been disregarded with security and guarding the integrity of weight to bear on Hamas and their al- impunity by this man. our political system must be addressed. lies who would threaten the very exist- I respectfully urge your department to We must have the backbone to ask ence of Israel. take whatever action is necessary, including these questions through appropriate I am pleased that President Clinton comprehensive investigations to fully dis- congressional hearings and through ap- has moved swiftly to assist Israel in its close Louis Farrakhan’s travels and inter- propriate law enforcement review by efforts to battle this deadly wave of action with the terrorist regimes in Libya the Department of Justice. terrorism. The highly sophisticated and Iran. bomb detection equipment and tech- Thank you for your consideration and co- f operation in this matter, and I look forward nical experts the United States sent to to working with you in this regard. REPORT ON RESOLUTION WAIVING Israel today will support Israel’s ef- With kind regards, I am, POINTS OF ORDER AGAINST CON- forts to bring the killers to justice and Very truly yours, FERENCE REPORT ON H.R. 927, to prevent future bombings. BOB BARR, CUBAN LIBERTY AND DEMO- While these attacks have been por- Member of Congress. CRATIC SOLIDARITY (LIBERTAD) trayed as acts of revenge for Israel’s ACT OF 1996 killing of a Hamas terrorist leader, CONGRESS OF THE UNITED STATES, Mr. DIAZ–BALART, from the Com- there can be no doubt today that these HOUSE OF REPRESENTATIVES, mittee on Rules, submitted a privi- attacks are designed to undermine the Washington, DC, February 14, 1996. peace process between Israel and the Hon. JANET RENO, leged report (Rept. No. 104–470) on the Attorney General, U.S. Department of Justice, resolution (H. Res. 370) waiving points Palestinian authority led by Yasser Washington, DC. of order against the conference report Arafat. The actions of Hamas should Re Louis Farrakhan’s trip to Iran and Libya. to accompany the bill (H.R. 927) to seek not be tolerated nor should they be al- DEAR ATTORNEY GENERAL RENO: I write to international sanctions against the lowed to sway our commitment to urge you as Attorney General of the United Castro government in Cuba, to plan for peace. States to, as soon as possible, investigate support of a transition government We here in the U.S. Congress must Louis Farrakhan’s recently trips to Libya leading to a democratically elected not waiver on our own commitment to and Iran, which are listed on the United this effort. Domestically, we must do States’ terrorist list for their roles in state- government in Cuba, and for other pur- poses, which was referred to the House everything within the law to ensure sponsored terrorism. By engaging in such that Hamas and other terrorist groups travel, it is my understanding that Mr. Calendar and ordered to be printed. do not receive financial support from Farrakhan may have violated several federal f statutes, including the Foreign Agents Reg- within the United States. Internation- istration Act, various passport travel re- The SPEAKER pro tempore. Under a ally, we must lead the world in taking strictions, sanctions regulations, and the previous order of the House, the gen- strong action against any nation that Logan Act. tleman from Florida [Mr. DEUTSCH] is harbors or supports terrorists. An investigation by your department is recognized for 5 minutes. We must also demand that Chairman critical to determine the means by which (Mr. DEUTSCH addressed the House. Arafat and Palestinian Authority use Mr. Farrakhan traveled to Libya and Iran, His remarks will appear hereafter in the police powers granted under the what economic contributions he may have the Extensions of Remarks.] peace process to bring these terrorists made to these countries, whether there ex- ists any financial relationship between these f to justice. Finally, we must endorse the Israeli Cabinet’s position of troop terrorist governments and Louis CONDEMNING VIOLENCE IN THE Farrakhan’s Nation of Islam, and answers to deployment as an allowable exception other relevant questions. MIDDLE EAST to the Peace accords to address an in- It is unconscionable and unacceptable for The SPEAKER pro tempore. Under a excusable action on the part of a ter- our government to stand idly by, while fed- previous order of the House, the gen- rorist organization. eral laws may have been disregarded with tleman from Texas [Mr. BENTSEN] is Today, all Israel mourns the loss of impunity by this man. recognized for 5 minutes. its friends and family, and the entire I respectfully urge your office to take Mr. BENTSEN. Mr. Speaker, for the world grieves with them. We can best whatever action is necessary, including com- fourth time in 9 days, a savage suicide honor the victims of these bombings by prehensive investigations to fully disclose Louis Farrakhan’s travels and interaction bomber has attacked the people and recommitting ourselves to a com- with the terrorist regimes in Libya and Iran. the state of Israel, seeking to terrorize prehensive peace for Israel and the en- Thank you for your consideration and co- its people and destabilize the Middle tire Middle East. But we must also rec- operation in this matter, and I look forward East peace process. The latest bomb- ognize there can be no true peace until to working with you in this regard. ing, outside Tel Aviv’s largest shopping the terrorists behind these attacks are H 1702 CONGRESSIONAL RECORD — HOUSE March 5, 1996 brought to justice. They must not suc- Arguments that somehow this is in- one of the things they will have mur- ceed. compatible with the peace process can- dered will be the peace process. I urge my colleagues to join me in not be given any weight, because what f condemning this senseless campaign of could be less compatible with the peace SECRETARY OF COMMERCE AND terror against the people of Israel and process than the systematic brutal SECRETARY OF ENERGY MUST in sending our condolences to the fami- murder of dozens of innocent people by ACCOUNT FOR WASTED MONEY lies of the victims of these horrible at- the Hamas terrorists. tacks. America stands with you and People should understand that, The SPEAKER pro tempore (Mr. will support you throughout your fight again, Israel being a democratic soci- QUINN). Under a previous order of the against terrorism and for peace. ety, it cannot go forward with a peace House, the gentleman from Kansas [Mr. b 1600 process until and unless its security TIAHRT] is recognized for 5 minutes. can be provided. Mr. TIAHRT. Mr. Speaker, this coun- The SPEAKER pro tempore (Mr. FOX I thought the chance for genuine try and this legislative body and the of Pennsylvania). Under a previous peace in the Middle East was one of the administration have been struggling to order of the House, the gentleman from finest hours we have seen. I still hope achieve a balanced budget. The people Indiana [Mr. MCINTOSH] is recognized that we will get the benefits of that. really do not understand this problem, for 5 minutes. But people must understand that pro- and, frankly, I do not either. [Mr. MCINTOSH addressed the House. tecting the innocent citizens of Israel The working Americans balance their His remarks will appear hereafter in against this sort of butchery is an ab- checking accounts monthly. I cannot the Extensions of Remarks.] solute precondition to any further think of a business in Kansas, where I f progress in the peace process. am the Fourth District Congressman, A TERRIBLY SAD DAY FOR No democratically elected govern- or a nonprofit organization or an indi- HUMANITY ment would try, and it would not suc- vidual that has not balanced their ceed if it did try, and it would not de- budget over the last 26 years, nowhere The SPEAKER pro tempore. Under a serve to succeed if it did try, to go for- except right here in the Federal Gov- previous order of the House, the gen- ward with a peace process without se- ernment. tleman from Massachusetts [Mr. curing the defense of its citizens. And This Congress has also been striving FRANK] is recognized for 5 minutes. to be a House of the people, bringing Mr. FRANK of Massachusetts. Mr. an especially important burden lies common sense from the common peo- Speaker, I welcome the eloquent com- with the leadership of the Arab world, ple back to Government. But we have ments of my colleague from Texas who of Yasser Arafat, who has clearly done just spoke. This is for all who care far too little, we now learn, to enforce had many obstacles in achieving that. The administration has submitted about the best instincts of humanity, a the law and true peace. The Palestin- multiple budgets that did not balance. terribly sad day. ian leadership cannot at the same time The people of Israel, a democratic so- profit from the steps towards peace and The President personally lobbied ciety represented by a democratically then fail to use the authority they are against the balanced budget amend- elected government, have been in the getting to put an end to this murder. ment, which passed in the House and process for the past couple of years of If the Palestinian authority cannot failed by only one vote in the U.S. Sen- taking risks for peace, of reaching out put an end to this systematic, orga- ate, and the President, in his last budg- in ways that societies do not always nized murder that comes from within et, which was scored as a balanced do. The Israelis have shown a willing- their ranks, they will not have a moral budget by the CBO, has 95 percent of ness to cede control of territory that claim and they will not have a legal the savings in the last 2 years, which was hard-earned in wartime and in a claim and they will not have a claim would be after his administration, as- war forced on them by the intran- anyone will recognize to control the suming that he would be successful sigence and hostility of its enemies, territory. next November. and the effort by the Government of Is- But it is also important for us to talk Perhaps the most confusing, though, rael to bring about this peace has trag- to our Arab friends, the Saudi Arabians is how the President condones actions ically been responded to by a minority, and others. It is not enough simply to that are directly in opposition to but unfortunately a significant minor- dissociate themselves from these mur- achieving a balanced budget. I am ity, within the Arab world, by a cam- derers, it is simply not enough to look speaking of the waste and the abuse paign of vicious murder. the other way unless there is a sus- and the potentially fraudulent activity No society, and certainly no demo- tained willingness on the part of the that have been occurring in the De- cratic society where the people rule as Arab leadership to cut off funds. These partment of Commerce and the Depart- they do in Israel, can tolerate this sort are not people who are earning a living ment of Energy. The President’s Sec- of assault on the citizenry. We should by some honorable means. They cannot retary of Commerce, Secretary Ron make very clear from the outset that go forward with this terrorism without Brown, has allowed the excessive issu- the Government of the United States is substantial subsidies in which govern- ance of Government credit cards; for fully supportive of the decisions that ments are complicit. example, half of the employees at the have been made and will be made by The President of Syria, a great de- National Oceanic and Atmospheric the government of Prime Minister fender of terrorism, must be told any Agency, NOAA, as it is called, have Peres. No one has done more to show dream he has of regaining control of been issued Government credit cards. his dedication to true peace and by the Golan Heights totally evaporates Even nongovernment employees have that very fact, as well as by the right now and for the foreseeable future been issued Government credit cards. of self-defense inherent in any state, until he begins a reversal and says, Reportedly, there have been 600 in- and particularly for a democratic soci- ‘‘We will crack down on terrorism.’’ stances where they have taken Govern- ety, Prime Minister Peres and his col- I believe the peace process was one of ment credit cards and used an auto- leagues have earned the right to take the finest hours of mankind. I believe matic teller to receive cash, cash bene- the steps that they need to in self-de- the Israeli government was distin- fits, unaccountable for. I wonder how fense with our full support, and that guishing itself. I was hopeful there was long do people like Tim Schwilling, will include sending Israeli security within the Arab world the kind of re- who works at the Boeing Co. delivering forces anywhere in the area where they sponsible leadership that would reach parts, or Craig Faroh, who works for are required to go, because you cannot out and meet that. Today that is in Sedgwick County, how long do they sit back and let dozens and dozens of question. It is not enough to condemn have to work to pay in tax to the Fed- your people be slaughtered defense- and wink and look the other way. It is eral Government to just have it taken lessly. You have the absolute, not just important that we get a full commit- out in cash benefits, unaccounted for? right, but obligation to defend them, ment from the Arab leadership to co- There is Mr. Clinton’s Secretary of and the United States should make operate fully with the Israeli leader- Energy, Secretary O’Leary, who has very clear that it will be supportive of ship in putting an end to these mur- been known for her excessive travel. this. derers’ ability to murder. Otherwise, Some call her a congenital flyer, over March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1703 100 domestic trips, 16 overseas trips. SUPPORT ADEQUATE FUNDING longer term needs, funding for things The gentleman from Ohio [Mr. HOKE] LEVELS FOR EDUCATION that include the basic tools of learning and myself asked for a General Ac- The SPEAKER pro tempore. Under a as well as technology adaptation, to counting Office audit of two overseas previous order of the House, the gen- professional development, and an ele- trips, South Africa and India, and the tleman from Ohio [Mr. SAWYER] is rec- vated curriculum for all kids. All of GAO found out Secretary O’Leary ognized for 5 minutes. this comes at a time when we really could not account for $255,000 of tax- Mr. SAWYER. Mr. Speaker, I rise need to talk about investing in edu- payers’ money, a quarter of a million today in support of maintaining ade- cation. dollars. We have called for her resigna- quate funding levels for education, be- In the fall of 1996 we will have more tion. cause as we end, as we near the end of students enrolled in K through 12, ele- This Congress has wanted account- another continuing resolution, I think mentary and secondary education, ability from the administration, ac- we all agree that the improvement of than at any other time in our Nation’s countability to the people, because it is public education is one of the greatest history. This will surpass the previous the people’s money. challenges facing our entire Nation on record of the baby-boom years. It is It is known that the President has every level of government and in every going to come at a time that will ne- opposed a balanced budget during his locality. cessitate the hiring of about 50,000 new administration. You cannot balance Investment in the learning capacity teachers, at the very same time that the budget when the presidential ap- of this and future generations is cru- the cuts proposed through the continu- pointees, like Secretary Brown and cial to both our long-term economic ing resolution, if extended throughout Secretary O’Leary, waste taxpayers’ strength and our continued cultural the year, would cause the loss of be- dollars and remain unaccountable for growth. It is at the heart of what many tween 40,000 and 50,000 teachers and their actions. families mean when they talk about teachers’ aides throughout the United I ask for the President to ask them personal economic security and the States. to account for the money that has been stability of their families themselves. This increase is not a 1-year anom- wasted and resign from their office. I think we all recognize that edu- aly. It is expected to continue. These cation has traditionally been, and demographic changes are no one’s f should remain, a local function and a fault. This is not a matter of throwing State responsibility, but Federal sup- bombs from one side of the aisle to an- KEEP THE GOVERNMENT OPEN port for education as an overarching other. They really come at a time when ACT OF 1996 national concern can make a crucial we all need to recognize that the force difference, especially where local re- of demographic change is at the heart The SPEAKER pro tempore. Under a sources are strained or where a coordi- of what is driving policy imperatives previous order of the House, the gentle- nated effort can help achieve national throughout the Nation. We need to rec- woman from Florida [Mrs. MEEK] is objectives; in short, where we can ognize that this investment is an in- recognized for 5 minutes. begin to unify our Nation in common vestment in the security of all of us, Mrs. MEEK of Florida. Mr. Speaker, purpose. and I would urge all Members to con- as we all know, for 3 weeks part of the sider the consequences of our decisions b 1615 Federal Government was shut down. I over the next several weeks. They will do not want to dwell in the past and Poll after poll today shows education undoubtedly reverberate through our worry about who was to blame for this as the highest economic priority for population for decades to come. shutdown. I want to look to the future voters, more than crime or the budget f and try to prevent another shutdown. deficit, Medicare, moral issues, Federal On February 6 I introduced a biparti- taxes, and welfare reform. Education ORDER OF BUSINESS san bill to prevent another shutdown if stands at the top of the list for 82 per- Mr. GEJDENSON. Mr. Speaker, I ask there should be another lapse in appro- cent of the Americans who oppose cut- unanimous consent to take the time al- priations. H.R. 2963, the Keep the Gov- ting education. located for the gentlewoman from ernment Open Act of 1996, amends the To that end, Mr. Speaker, on Feb- Texas [Ms. JACKSON-LEE]. Anti-Deficiency Act to permit Federal ruary 1 of this year I introduced House The SPEAKER pro tempore (Mr. employees to continue to work and to Concurrent Resolution 144, a sense of QUINN). Is there objection to the re- be paid during a lapse in appropria- Congress resolution that demonstrates quest of the gentleman from Connecti- tions, if the President determines that support for education funding at this cut? a sufficient appropriation is likely to critical time. The bill calls for an ap- There was no objection. be made before the end of the fiscal propriation for education programs by f year. March 15 that is no less than the The recent shutdown of the Federal amount spent on those programs in ALL NATIONS MUST JOIN IN Government wasted one billion tax- 1995. I am pleased to tell you as of QUEST FOR MIDDLE EAST PEACE payer dollars. We ended up paying today 192 bipartisan colleagues of ours The SPEAKER pro tempore. Under a 285,000 Federal employees who were or- have joined me in cosponsoring this previous order of the House, the gen- dered not to work for 3 weeks. This resolution, and I am confident that tleman from Connecticut [Mr. GEJDEN- shutdown also imposed a serious finan- more will join. SON] is recognized for 5 minutes. cial hardship on many of the 476,000 I am hopeful this showing of unity, of Mr. GEJDENSON. Mr. Speaker, the Federal workers who were not paid purpose, will send a message to the tragic events in Israel in the last sev- during this period even though they people of this Nation and the leader- eral days, the bombings by Hamas, are were ordered to work. ship of this Congress that America is not simply actions taken by a handful The shutdown of the Federal Govern- serious about protecting our children’s of extremists. These extremists func- ment hurt many private firms, both education. School districts that do not tion because they have economic sup- those that normally sell to Federal em- receive notification by March 15 that port that comes from countries and in- ployees and those that have Federal they will have adequate funds for the dividuals around the globe. contracts. They were unable to recoup upcoming school year will have to It is time that the efforts to attain the business they lost during the shut- start planning which teachers to lay peace be broadened beyond the United down. off, which programs to cut, which States, Israel, and the PLO. It is time The other cosponsors of this biparti- classes to eliminate. These kinds of for our Western Allies to join the san bill are Mr. DAVIS, Mr. HOYER, Mrs. choices will be grim reality in many American effort to isolate forces in the MORELLA, Mr. MORAN, Ms. NORTON, and school districts around the country. world that support terrorism. Mr. WYNN. But March 15 is only the deadline for Our Western European Allies con- I urge all my colleagues to support the schools most immediate needs. A tinue to do business as usual with the this insurance against another failure commitment to education funding in Government of Iran, that is probably to enact funding bills. the future is necessary to satisfy the most central supporter of Hamas H 1704 CONGRESSIONAL RECORD — HOUSE March 5, 1996 and its terrorism. Our Western Euro- street of Tel Aviv and Jerusalem is on state of American education address. pean Allies, like England, France, and your hands. If the peace process fails, In those remarks he said, ‘‘American Germany, continue to buy oil and pro- it is on your hands. You cannot simply schools are where the future of Amer- vide technical assistance to that Gov- go on and do business as usual with the ica is being created each and every sin- ernment that provides the economic single worst government in the Middle gle day.’’ That, in fact, is so true about support and often the direction for East. what goes on and is supposed to go on these terrorist movements. Countries For Syria, if it wants to enter the in our American schools. that Americans have bled for, like peace process, it has to renounce its In fact, public education is the great Saudi Arabia and Kuwait, also send a support of Hamas and terrorism as equalizer in this country. It allows large portion of the funds that go to well. Before we take you into the fam- children, all children, regardless of Hamas. Several months ago when Yas- ily of nations that operates on the their economic status, to be able to go ser Arafat was here in this Capitol, he legal and respected basis, we need to as far as their God-given talents will complained it was easier for Hamas to know that the Syrian leadership is allow them. get funding from some of these groups ready to reject its support for terror- That is what we are here to talk than it was for Yasser Arafat trying to ism. about, the fact that public education is lead the Palestinians toward a lasting War has a terrible price. The cost of under attack in this Congress. Ensur- peace with the Israelis. peace has been dear as well. We dare ing a bright future is a basic part of United States leadership has existed not turn away from it. The alternative the job that we have here, Mr. historically around the globe. That is is so much worse and so much more PALLONE’s job, my job, each and every why much of the world turns to us devastating. But the Israelis and the Member of the Congress who is given when there is a crisis. In Yugoslavia it Palestinians cannot do it alone. They that public trust, to come here. What was clear the world could not deal with alone cannot succeed in this effort if we need to try to do is to ensure, in that crisis unless America played a the richest of all of Western Europe go fact, a bright future for our children. central role. The United States led the to Iran and then a portion of that is Part of our sacred trust as elected of- effort to end the apartheid in South Af- transferred to terrorists to take their ficials is to honor those who have come rica. toll on the peace process. before us, for example, by ensuring It is now time for the Europeans to The governments of Israel and Egypt, that our seniors have a dignified retire- join the Americans and for Americans the leadership of the PLO have made ment and making the investments in to take the lead in isolating the Gov- their effort. It is now our turn to sup- our future so that the generation that ernment of Iran, that continues to be port that effort more seriously. comes after us can live a full and a the single most destructive force of the prosperous and a secure life. f Despite this obligation, we have con- peace process in the Middle East. The PROPOSED CUTS WILL HURT gressional Republicans today who are extremism that they breed, that they EDUCATION making times tougher for kids who are teach, that they finance, continues to trying to get a good education and for threaten not only the peace process be- The SPEAKER pro tempore. Under their parents, hard-working parents, I tween Israel and the Palestinians, but the Speaker’s announced policy of May 12, 1995, the gentlewoman from Con- might add, who want to see their kids governments that have been supportive get ahead in life. They are making the necticut [Ms. DELAURO] is recognized of the peace process, like the Govern- largest cuts in the history of Federal ment of Egypt, led by Mr. Mubarak. for 60 minutes as the designee of the minority leader. aid to education. American efforts will not succeed if The temporary spending measure Ms. DELAURO. Mr. Speaker, I rise we are isolated from our Western that they have passed that funds edu- today with my colleague, the gen- friends. Business as usual with the gov- cation, what is known as the continu- tleman from New Jersey [Mr. ernment of Iran continues to provide ing resolution, cuts basic skills train- PALLONE], during this special order to the billions of dollars of revenue that ing, which is known as title I, by 17 really call some attention to an issue they can divert for terrorism. The percent. Funding to keep our schools blood that lays on the streets of Jeru- that I think is near and dear to the safe and free of drugs is being cut by 25 salem and Tel Aviv is simply not the hearts of every American family, ev- percent. Before we can expect our kids fault of those who actually built the eryone in this country, and that is the to do all of the great things that we bomb. It is not simply the fault of whole issue of education and educating wish them to do and they are anxious those who brought the bomb in. It is our children and providing for our chil- and excited to do, we need to provide the fault of those who provide the fi- dren that opportunity, that first start, them with some essentials, training in nancing to buy the chemicals, to fly if you will, on the road to what their the basic skills, a safe place in which the materials, to energize these deadly lives will be about in terms of oppor- they can learn. But it is in these areas destructions and this attempt to bring tunity, of economic ability, their abil- where my Republican colleagues have the peace process to an end. ity to compete, to succeed in this great made the most crippling cuts. The world has paid a heavy price for Nation of ours, something that, in fact, This temporary spending measure ex- these conflicts. Both the government of has been part of the American dream. pires on March 15 so that Congress will Israel and the government of Egypt What we want to try to call attention soon have to face a choice. Will my Re- have paid prices that most countries to in this time period is the fact that publican colleagues extend these cuts are shaken to their roots by, losing there are, as proposed by the congres- through the end of the fiscal year, or their leaders, seeing their citizens on a sional majority, devastating cuts to will they restore the funds that they daily basis being the victims of terror- education. In fact,there are cuts that have taken from America’s classrooms? ism. have been passed into law by our Re- Let me tell my colleagues about The Palestinian leadership of Yasser publican colleagues. what happens in my State of Connecti- Arafat may not be perfect, may not Congressional Republicans are on the cut. These cuts spell disaster. Yester- have total control of the West Bank, brink of making the largest education day, I met with parents and educators but it is the only hope for peace at this cuts in our Nation’s history, and there- at a school in my congressional Dis- point. They need to do a better job, but by are on the brink of harming, truly trict, and we had represented there the rest of us need to provide them the harming, our Nation’s children. At a both urban schools and suburban support they need. time when Americans are rightly anx- schools. Western Europe sits back with its ious about their job security, at a time I will tell my colleagues what the continental coolness thinking that when we all know that a good edu- parents and the educators are con- somehow it is above the fray. Let me cation is the key to a good job, we have cerned about. They are concerned that tell the governments in England and congressional Republicans who are these cuts will hurt school kids who France and Germany and others, if you launching an assault on American edu- are trying to build their basic skills, do business with the terrorists in Iran, cation. stay off the streets, and stay away if you do business with the government Last week, Secretary of Education from drugs. Under the Republican pro- of Iran, then the blood of those on the William Riley delivered his annual posals for basic skill training, funding March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1705 would be cut by $8.6 million in Con- Democrats and Republicans and Inde- tive impact on the ability for local and necticut, affecting 9,200 needy stu- pendents, to remember the children in State officials to plan for educational dents. Schools in my district will lose classrooms all over America and their purposes over the next year. $1.5 million. Under the Safe and Drug hard-working parents, parents who The other thing that I guess dis- Free School Program, $729,000 would be have bright hopes for their kids’ fu- appoints me a great deal is that if you cut in Connecticut. ture. Please remember these people. think about the effort that President Let me read a quote from one of the We need to restore the Federal funds Clinton has made in trying to highlight parents who was there yesterday. Caro- that enable our children to make those education, when he was first elected lyn Jackson, who met with me, said dreams a reality. and in the first few years of his admin- the proposed cuts would eliminate stu- And what I would like to do is to ask istration he established a number of dents’ chances of being competitive. my colleague from New Jersey, FRANK initiatives on the Federal level that This is her quote. PALLONE, to talk about his concerns really have already started to make a ‘‘They won’t make it, they won’t be about this issue and what effect it has difference in terms of improving edu- trained, they won’t be able to go on to in his own community and for us to cation at every level, and those initia- a trade school or to college,’’ she said. have a conversation and a dialog about tives are right now very much in limbo These after school programs that this issue. because of the Republican leadership would be cut keep kids off the streets. Mr. PALLONE. I want to thank my budget. It keeps them occupied, it gives them colleague from Connecticut, Ms. I just wanted to mention a couple of something positive to do. If they cut DELAURO, for raising this issue again them because, for example, the Na- that out, the only place that they have this evening on the floor of the House tional Service Program, which allows left to go is to the streets. of Representatives, and I guess you students to work in the community know I approach the education issue when they are in college and then use b 1630 from two perspectives in the House. the money that they earn to pay for The teachers, the administrators, First of all, I think most people real- their college tuition or their college both again from urban and suburban ize that maybe it needs to be stated education. He actually came to Rut- schools, talked about having to cut again that the amount of money that gers University, which is in my dis- math and reading programs, remedial the Federal Government contributes trict, and announced that program a programs, programs that provide our for education is really very minuscule. couple of years ago, and Rutgers and young people with being able to be I think if you look at your local school students in my district have taken ad- ready to learn when they go to school. budget, for example, in the municipali- vantage of that to the hilt. I mean ba- If these cuts go through, how, in fact, ties that any of us represents, you will sically it was a supplemental program will we be able to deal with these is- find maybe 7 or 8 percent of their budg- where right now you can get some sues? et is Federal dollars. grants for scholarships, you can get Mr. Speaker, what makes these cuts So we are not really talking about a some student loans from the Federal so wrong headed is that our Nation now tremendous amount of money that the Government. But this now allows a stands at a crossroads, and I know my Federal Government actually does con- whole other area where I think you can colleague, Mr. PALLONE, understands tribute, particularly on the local level, earn up to about $4,000 a year, which is that. We have been listening to and and if that is cut significantly, as is a significant amount of money, you talking to people about if our people in being proposed by the Republicans, know, given the cost of tuition and the this country do not have the basic then the Federal role, the Federal com- cost of higher education today, and the skills to compete to win in the global mitment to education, will even be community benefits because the stu- workplace, how can we allow our peo- more minuscule. dents are back in the community work- ple, our kids and their futures, to fall The other thing, I think, is a lot of ing either in hospitals or on environ- further and further behind as they try people believe that because of this mental projects or in schools, whatever to compete with low skilled workers budget battle that we have had be- it happens to be. And this is the pro- around the world for low skilled jobs? tween Democrats and Republicans over gram, this National Service or That is not what we want to do. We the last year and because it is not re- AmeriCorps, which the Republican want our young people to have all of solved at this point, perhaps that the leadership wants to eliminate outright. the advantages that they need and all status quo continues and that the Their budget actually just kills the of the tools that they need to be able money continues to flow to local dis- program completely. to compete in a world order, in a New tricts for various educational func- The other thing is if goal 2000—— World order, to be able to compete tions, and that is simply not true. As Ms. DELAURO. Let me just interrupt right here in the United States so that you pointed out, the level of funding my colleague for a second because I they can have highly skilled, high pay- under this continuing resolution, if think the AmeriCorps Program is a ing jobs so that they can make their that level of funding were to continue perfect example of how we have, how way for the future. through the rest of this year, would be they have, our values backward, what Getting a good education has always about a 20-percent cut overall in Fed- AmeriCorps is all about, and just to been a big part of what enabled the eral education funding on every level. say that about 691 young people in Con- people of this country to stake their That is a significant cut from 1 year to necticut would be denied the oppor- claim in the American dream. My par- the next, and the impact on local tunity to participate in the National ents, other parents, have worked hard school districts, on colleges and univer- Service Program if the funding is to see that their kids get the opportu- sities will be severe. eliminated. nities that they need so that they can Already I know that in my own area But this says to young people you serve, that they can have good paying State and local officials have told me have an obligation to give back to your jobs. We are taking away this Amer- that they are unable to plan for the community. You need to participate in ican dream for parents today, but also coming year in terms of their edu- the life of your community, get in- for youngsters. These cuts will dash cation budget. They do not know volved with helping, whether it is in that dream for too many of our chil- whether or not they can keep as many education, or in health, or in some dren. teachers as they have. They do not other area, because if we are going to For generations, as I have said, pub- know whether or not they can offer provide you with some help, you have lic education has allowed children, re- certain courses, you know, whether got to do something for that. This is gardless of their economic status, to go their curriculum is going to change. So not, you know, just without any kind as far as their God-given talents will this uncertainty, if you will, that ex- of responsibility. This is a way in allow, but despite that public edu- ists out there because we are operating which we try to instill responsibility in cation is under attack today in this under these continuing resolutions, our people. Congress. This week, as Congress con- where we have to keep extending the And so many times today you hear siders a new spending measure for the funding every 2 weeks or every month from people about we do have, in what- rest of the year, I urge my colleagues, or so, really is having a terribly nega- ever segment, if it is for young people, H 1706 CONGRESSIONAL RECORD — HOUSE March 5, 1996 with adults or so forth, that people just let us go back to the old way where the we are going to do any kind of tax cut do not have the responsibility that middleman, the banker, or financial in- or tax break, that should be the kind of they had in the past, they do not take stitution, makes the money and no one tax cut or break that we should insti- on areas where they need to dem- is proposing that this makes any sense. tute because it is an investment in the onstrate that they are willing to put It is certainly going to make it harder future of the country. their heart and soul into something, to get a loan for individual college stu- b 1645 but they only want to grab a handout dents and obviously eliminate a lot of and not give something in return. opportunities that students would have Ms. DELAURO. That makes enor- This program epitomizes the values to be able to go to college. It makes no mous sense, Mr. Speaker, because it is of work, responsibility, and commu- sense. probably one of the areas that most nity, and if you engage in those ways, Ms. DELAURO. Let me just comment parents are worried about, after a job then, yes, we will give you a tool, if on that one because I think that there or the increase in their wages, because you will, to help you meet your goals. is—you made a very, very good point, they have not seen a raise for a number But it is a two-way street. This is not which is that they are willing to do of years. But if you could target the just one way, and this is what is so in- harm to young people who want to tax cut to working families, to take comprehensible, that on one side of again further their education and go to the education costs as a deduction, it their mouth they want to talk about college, hurt working families who are makes enormous sense. how we want to stop this handout for struggling to get their kids to school. I What you are seeking in that tax people, which is right. But they also could not have gone to school without break package at the moment is that want to take away the opportunity for student loans. My folks could not have the richest corporations are winding up young people to contribute as well as afforded it. This was, you know, they with the elimination of the alternate to be able to engage and to move for- killed themselves to, you know, to see minimum tax getting a windfall again. ward with their own objectives, and me through college and to utilize the You are seeing that special interest ef- that is wrong. student loan program to do that. But it fort do very, very well. That is a $17 We need to have people be respon- is doing harm. But at the same time, billion windfall for the richest corpora- sible and take on a direction or an and particularly with this one, is to tions, if you will eliminate the alter- acton and get involved before we are cater to a special interest because the nate minimum tax. willing to do something for them. banks are up in arms about the direct Mr. PALLONE. Exactly. Mr. PALLONE. Absolutely, and I lending program. Ms. DELAURO. Mr. Speaker, to try think you are pointing it out, and Mr. PALLONE. They are not—— to make it a little easier for working again this is not pie in the sky. I have Ms. DELAURO. Because they are not families to be able to see some realiza- talked to students, as I know you have, going to make their percentage. That tion of their dreams and their aspira- college students who were involved in is what this is about. This is not saying tions for themselves and for their chil- these various national service pro- to hard-working middle class families dren, this is the direction that we grams, and they are working, and they you get the advantage, you get the in- ought to go in. On that score, it is my are in the schools, out in the commu- centive. Banks are doing OK. They can hope that we will have an agenda over nity, they are in hospials. They are live without this. We want to give you the next several months where we will doing all kinds of things. a break, Mr. and Mrs. America. You introduce legislation in this body here, The other thing that the President want to have your kids get ahead. Do and that we can get it on the floor for established was the direct loan pro- not take it away from hard-working a vote. gram. Now again maybe it sounds a lit- families to cater to special interests Mr. PALLONE. Again, I do not want tle bureaucratic, but it is important and wind up hurting the family and the to prolong this, but we talked about because again Rutgers University in youngster. higher education. If you talk about pri- my district has taken advantage of it In that program in the State of Con- mary and second, as I pointed out be- where traditionally student loans, necticut we will see 14 schools forced fore, the Federal contribution to local when I was in college and until re- out of the direct lending program, los- education is not very much in dollars. cently, you had to go to the bank, and ing over 14,000 loans. It is about 7 percent or 8 percent of the the Government would guarantee the Mr. PALLONE. Exactly. budget. But the Federal Government loan. Well, some of the universities, in- Ms. DELAURO. And an opportunity has traditionally, and again, President cluding Rutgers, went to the adminis- for people and young people. Clinton has talked about trying to cre- tration and to the Congress and said, Mr. PALLONE. And again what we ate incentive programs that will basi- look, if we administer this program di- are really talking about here is the rec- cally try to improve the quality of edu- rectly, if the money comes directly to ognition of the fact that today, unlike cation, with the few Federal dollars us and the students apply directly for maybe 10 or 20 years ago, it takes a lot that go to the local districts. the student loans from us, then we more money to go to college, and so if One of the areas that he has been a eliminate the middle person, if you you do not have a national service pro- champion of is Goals 2000. Basically, will, and we can expand opportunities gram, if you do not have direct loans, this is where you set standards, if you and give out a lot more direct loans. if you do not have innovative ways of will, for the quality of education, for Ms. DELAURO. Costs you less money. trying to pay for college tuition, you curricula, whatever, within the school, Mr. PALLONE. Exactly, and they are not going to be able to make it. and then you give the schools, on a started it on an experimental basis at Now, the President in his State of competitive basis, a certain amount of certain colleges and universities, Rut- the Union Address talked about fami- Federal dollars to try to implement gers being one of the first, and at Rut- lies, parents, being able to pay up to some changes, some innovations, that gers it expanded the number of student $10,000 in tuition for their students and would improve the standards of the loans that they can give out. Now all of that that would be tax deductible. As curriculum or the education. That, a sudden we are hearing as a part of you know, in the process of this budget again, is something that is signifi- this budget that they want to cap the debate the Republicans and the Demo- cantly cut back, almost eliminated in direct loan program, I think it is at 10 crats have talked about some sort of the Republican leadership budget. percent, and not allow it to be ex- tax cuts or tax breaks. But again I The other thing is that traditionally panded to other colleges and univer- would suggest that if you look at the the Federal Government, I guess for at sities. tax breaks suggested by the Republican least 10 years or more now, has been in- In my district, my college, for exam- leadership, they are mostly for large volved in providing new equipment or ple, which was a 4-year institution, corporations and for the well-to-do, high-technology type things, whether would not be able to establish a direct whereas the President now is saying it is computers or ways of trying to im- loan program under this Republican here again education is a major issue. prove the sciences; things that, as you budget or proposal, and again it makes If we allow that kind of tax deductibil- know, many schools simply cannot af- no sense. I mean it is essentially noth- ity, it expands the ability of parents to ford to buy that kind of high-tech- ing but a special interest effort to say help pay their kids’ education, and if nology equipment or whatever, because March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1707 they do not have the budget for it. well-trained, who have the skills, who American families, working families, Again, that is another area where there can make it in their jobs. Now we are that today they do not see a bright fu- are significant cuts that are being pro- saying, ‘‘Sorry, we are just going to ture for their kids. They do not believe posed, and the President is talking close the door on this effort.’’ It is that their kids will have the same about trying to come up with some in- wrongheaded. It really is wrongheaded. kinds of advantages that they had. novations. Mr. PALLONE. You talked about That is a sad commentary on what our Ms. DELAURO. Yesterday when I programs that work. Just the last one values are in this Nation and what our went to visit the school I was in three that I wanted to mention, of course, priorities are. kindergarten classes. You just see even earlier is the Head Start Program, So that there is a full-scale assault, these little bits of kids, it was just as- preschool Head Start Program, because whether it is on Head Start and you are tounding; there they are, in terms of from 1992 to 1995, which is, of course, looking at preschool programs, readi- the equipment, and they have these the span of the current administration, ness; whether it is in a school lunch computers in front of them, and they we have had an increase of 130,000 chil- program that they would like to away are there with their earphones or their dren that were able to participate in with; whether it is in a summer jobs listening program, where they are lis- the Head Start Program over the last 3 program that is being cut out so kids tening to the story in order to prepare years, because we were expanding a can make some money, go back to them to move on. very successful program, which is en- school, and then, again, demonstrate But these kids with the computers, it joying—it really had support under some responsibility; whether it is in is just really mind-boggling. There President Bush, President Reagan, as education, skills training, and school- they are with the mouse going back well as President Clinton and President to-work, or whether it is in moving and forth, and several of them were Carter. It has always been very biparti- kids forward in terms of higher edu- showing people how they were learning san. Now all of a sudden this Repub- cation. the alphabet, and they had the letter lican leadership budget would deny I do not understand it. I think it is D, and then they were using the com- Head Start benefits to 180,000 children outrageous. My hope will be in the next puter to point to a deer or a duck, and over the next few years. So again, we 2 weeks, as we discuss what is going to so forth, or using a C and pointing to a are talking about misplaced priorities happen before March 15, that when it cake and so forth. here. comes to the issue of education, that Here they are, again, these little bits When I go out of my district, when I we are not about the business of doing of kids, getting proficient in a tech- am in the State of New Jersey and I harm, and doing harm for the special nology which is our future, but it is talk to people, they all tell me that interests of this Nation, but that we their future more than it is ours. Why education is paramount. Everyone un- are in the business of doing what peo- are we trying to be in the business of derstands that. I really for the life of ple sent us here to do. That is to do taking away these tools from them? me do not understand why the Repub- something for the public good and par- One program that I wanted to men- lican leadership in this House does not ticularly for the kids and for the future tion was something called School-to- get it. Education is crucial. If we are of the youngsters in this Nation. Work. The heart and soul is being cut going to start talking about cutting Mr. Speaker, I thank my colleague out of the School-to-Work Program. education 20 percent here over the next for joining with me this evening. I am This is a program that says to young fiscal year, it just makes no sense. It is sure that we will be engaged in this people who are seniors in high school, totally out of sync with what the conversation over the next few weeks. who do not want to, cannot afford to, American people want. Mr. PALLONE. Absolutely. or maybe do not have the skills to go Ms. DELAURO. Just in terms of on to a 4-year liberal arts college, and translating that 20 percent, and I think f God knows, we probably have enough you have made the excellent point that The SPEAKER pro tempore. Under a history and English majors to last us a there is a minuscule amount of Federal previous order of the House, the gen- lifetime, but these young people want aid in education—sometimes people do tleman from Florida [Mr. to go on from school to work. They not realize that or understand that— SCARBOROUGH] is recognized for 60 min- want to be gainfully employed, they from this minuscule amount of money, utes. want to get some skills. we are looking at, roughly, if things [Mr. SCARBOROUGH addressed the This program has allowed that bridge continue the way they are with this, at House. His remarks will appear herein- from school to work, really, the first this level, we are looking at about a after in the Extensions of Remarks.] piece of legislation that in so many $3.1 billion cut from those funds. We years has recognized the aspirations of are looking overall, in terms of the col- f these young people, and their dreams lege loan programs, you know, at al- The SPEAKER pro tempore. Under a of moving from school to work, with- most $5 billion over the next few years previous order of the House, the gen- out having a 4-year college education. in terms of cutbacks in college loans, tleman from New York [Mr. OWENS] is That is truly the fate of most of our to say nothing of what is going on in recognized for 60 minutes. young people in this country. The larg- the Pell Grant Program. In the Pell [Mr. OWENS addressed the House. est percentage do not go on to a 4-year Grant Program, what they did, the bill His remarks will appear hereinafter in college. eliminates assistance to students who the Extensions of Remarks.] But this program is going to be cut qualify for grants of less than $600; and decimated, and we just say one about 250,000 students in this Nation f more time to these young people, are going to be eliminated from the The SPEAKER pro tempore. Under a ‘‘Sorry, you really do not make any program. previous order of the House, the gen- difference. Do it on your own.’’ Why Perkins loans. Again, these are not tleman from Georgia [Mr. KINGSTON] is are we not in the business of trying to great amounts of money that are being recognized for 60 minutes. provide a bridge from school to work; put in play at the moment, but the re- [Mr. KINGSTON addressed the House. again, responsibility? ‘‘We will give moving of that kind of money has an His remarks will appear hereinafter in you some tools so you can carry out unbelievable effect on how many young the Extensions of Remarks.] what you need to make your way.’’ people can look to a brighter future. We cannot do it for you. That is not I think you would agree with me that f what anybody is saying here, nor we are at a crossroads. We truly are at should we. We do not have the re- a crossroads, because we have never sources to do that. But how do we en- seen the level of cuts in education that RECESS able young people to move ahead? This we are seeing today. Education has al- The SPEAKER pro tempore. Pursu- is a program that works, it is gaining ways been the way for people to expand ant to clause 12 of rule I, the House all kinds of endorsements from the their horizons, move forward, and have will stand in recess subject to the call academic communities, from the busi- a brighter future. That has been true of the Chair. ness community, because they are see- with succeeding generations. Accordingly (at 4 o’clock and 55 min- ing the fruits of the labor here, because This is the first time in the history utes p.m.), the House stood in recess they are getting these kids who are of this country that if you talk to subject to the call of the Chair. H 1708 CONGRESSIONAL RECORD — HOUSE March 5, 1996 b 1823 uation and not have it wreck our econ- port that military strength, economic AFTER RECESS omy. prowess, leadership in the world. Un- It is a revolution that is displacing derneath it is an educated populace. The recess having expired, the House large numbers of workers. We have Nothing is more important than an was called to order by the Speaker pro seen large numbers of blue collar work- educated populace. Nothing is more tempore. (Mr. MCINNIS) at 6 o’clock and ers displaced over the last 20 years, but important for the security of the coun- 23 minutes p.m. now we have the middle-management try. f workers, clerical workers. Large num- INVESTMENT IN EDUCATION bers of them are being displaced, cer- b 1830 VITAL TO RESPOND TO TECHNO- tainly temporarily dislocated, and Nothing is more important to the LOGICAL REVOLUTION there is no solution in sight to this. Large amounts of money are being quality of life in the country. Nothing The SPEAKER pro tempore. Under a made in a booming economy. The econ- is more important in terms of main- previous order of the House, the gen- omy is booming if we look at it in gen- taining our central humanity than a tleman from New York [Mr. OWENS] is eral. These are very prosperous times. massive investment in education. recognized for 60 minutes. So if in very prosperous times we are Instead of a massive investment in Mr. OWENS. Mr. Speaker, we are now losing large numbers of jobs and there education which is going forward, this in our second week following the re- is a great deal of dislocation and up- present Congress is proposing that we cess, a recess where every Member had heaval in the job market, then what is disinvest, that we deescalate, that we an opportunity to consult with his con- going to happen if we fall into a reces- downsize the commitment in edu- stituents, and I think that most of the sion and the boom is no longer there? cation. Part of that disinvestment ar- Members had the same kind of experi- We have a boom which is unprece- gument is that the Federal Govern- ence that I had. That was an experi- dented, in that profits are higher than ment should get out of the business of ence of talking with constituents who ever on Wall Street, and yet at the education. displayed in their commonsense rea- same time people are less secure than We have had the Republican majority soning far greater wisdom than is often ever before. More jobs are being lost propose that the Education Depart- displayed here in this institution. than ever before. ment be totally dismantled, that we This body seems to have lost touch I would certainly call to the atten- get rid of the Department of Edu- with common sense. Common sense of tion of all the Members of this House cation. They put zero in one of the the people says clearly that education an article which is must reading. It is budgets for the Department of Edu- is a No. 1 priority. They have been tell- a series of articles that started in the cation. ing us this in many ways for the last 5 Sunday New York Times, March 3 New You know, no sane industrialized na- years. For the last 5 years, education York Times. It is called, ‘‘On the Bat- tion walks away from its commitment as a spending priority has ranked in tlefields of Business, Millions of Cas- to education to that extent. Every in- the top five priorities as designated by ualties.’’ That is the title for this par- dustrialized nation, on the other hand, the American people in public opinion ticular article which is the beginning really has a far greater commitment to polls. They clearly have shown that of the series: ‘‘On The Battlefields of education at the central government education is very important. Business, Millions of Casualties.’’ level. There is not a single industri- Seventy-two percent of the people re- This is a series which is called ‘‘The alized nation that does not have a sub- cently interviewed said that if there Downsizing of America’’ and this is the stantial commitment to education, and are going to be cuts made in the Fed- first of 7 articles. It is must reading for it is reflected in some kind of single eral Government, then the cuts should all Americans, must reading for government coordinating body at the not be in education. Education should decisionmakers in Washington, and top, whether they basically are highly not be one of the areas where you must reading for Members of the centralized, as they are in Japan and streamline or downsize. They clearly House, because it talks about mostly Germany, France, or whether they are stated that this was not desirable. middle-class people, mostly people who moving away from a centralized model We have common sense repeating were employed as of 2 or 3 years ago in and having more flexibility and greater over and over again what ought to be very good jobs, and the kind of suffer- innovation at the local level, as they clear to everybody that is in a deci- ing they are going through and have are in Great Britain, and they still sionmaking position in Government. gone through as a result of this techno- have very strong centralized depart- We have a crisis. logical escalation, the age of comput- ments of education to give some kind We have a situation that ought to be ers and telecommunications displacing of guidance and direction. clear by now, where technological large numbers of people. change is escalating. Technological It has not yet moved to the point In this country, traditionally we change, the telecommunications revo- where they are offering remedies, but I have had a strong central department lution, the information age revolution think previous editorials in the New of education. I am certainly not advo- are all upon us. As they take hold, it is York Times and a few other of our cating that we have one now. I am not quite clear that we need more and leading newspapers have quite clearly advocating that we go to the other ex- more educated people. It is quite clear come down on the side of more edu- treme, that we have zero, nothing, be- that the people who are educated now cation. Nobody understands all that cause our involvement at the central need to have an upgrading and dif- has to be done, as I said before, but ev- government level in education is mini- ferent changes in their education. erybody who is thinking about the mal. At its very height, when the De- In order to meet the present up- problem clearly understands that there partment of Education was even funded heaval, in order to be able to deal with will have to be a greater amount of in- at a higher level than it is funded at it, the minimum need is a massive edu- vestment in education, a greater now, we had a very minimal commit- cation and job training program. Com- amount of investment in job training. ment to education at the central level, mon sense tells us we need a massive It is self-evident. If the experts cannot and the operation of education in this education and job training program. see what is self-evident, then certainly Nation remains in the hands of local Without any further research, that is the common sense of the American education agencies and local school quite clear. people has repeatedly reinforced and boards. It still does. Nobody knows where this techno- underlined the fact that it is self-evi- Our commitment to education at this logical information is going, this age of dent to them that we need a greater in- point at the Federal level is less than 8 information, the age of telecommuni- vestment in education and a greater in- percent of the total amount spent on cations. Nobody can really predict vestment in job training. education, 8 percent of the total. You where it is going to go and what we National security now must be de- know, more than $360 billion was spent should do. Nobody can lay out a de- fined not in terms of our military on education last year, and of that $360 tailed plan as to exactly where we are strength and not in terms of our eco- billion, most of it was spent by State going to be able to take hold of the sit- nomic prowess, but the things that sup- governments and local governments. March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1709 Only 7 percent, between 7 and 8 per- ficial hearings have not been accepted 25 percent cut. And you follow that cent, was provided by the Federal Gov- by the majority. In fact, the majority, pattern with other programs. Even ernment. A large part of that 7 to 8 per- not following the tradition and the pat- Head Start, which is frowned upon un- cent provided by the Federal Govern- tern set by the Democratic majority, favorably by certain sectors of the Re- ment comes in the form of commit- which always allowed a reasonable publican majority, and Head Start gets ments to higher education through the number of witnesses from the minority the first cut in the history of the pro- loan programs and grant programs at in ration to the majority witnesses, the gram. Ronald Reagan did not cut Head the higher education level. So, when majority has chosen to limit the mi- Start. He increased the amount of you are talking about Federal commit- nority, the Democratic minority has funds for Head Start. George Bush did ment to education at the elementary been limited in our committee to no not cut Head Start. No President has and secondary level to the schools more than one witness at each hearing. cut Head Start. Only now does the Re- across America, you know, at the local You know, one witness has been all we publican majority in the House venture school boards and local school dis- have been limited to as we proceeded to cut Head Start by $300 million. tricts, you are talking about a very to discuss revolutionary changes in Summer Youth Employment Pro- minimal commitment. That minimal education, and even the number of gram, which is on the border between commitment, however, sets a tone. It hearings has been limited. education and job training, very impor- sets a direction, a sense of direction, a The hearings that are stacked in tant for education because it sends a sense of tone. It has been very impor- favor of the majority witnesses and positive message to the young people tant in the last 10 to 15 years in stimu- opinions that are only favored by the during the summer. They can be em- lating reform, in stimulating more ac- majority have been all too few. So we ployed. It says to them that their Gov- tivity that is positive at the local and are proposing revolutionary changes, ernment cares something about them. State level. gigantic budget cuts, changes in struc- It has been program that has been cut The fact that our national govern- ture, elimination of the Department of down, whittled down over the years. ment, the Federal Government, now is Education, the restructuring of the Ten years ago, in New York City, choosing to back away from that com- School Lunch Program, the restructur- 90,000 young people were employed in mitment and to downsize and to cut ing of the careers program, total re- the summer youth employment pro- education at the Federal level has set vamping of education for individuals gram. Last year, 32,000 were employed. off a domino reaction at the State lev- with Disabilities Act, all of those It has been steadily cut down to lower els and at the local levels to cut edu- sweeping changes have been proposed and lower levels over the years. Now cation fiercely in some places, and in and are under way without any reason- we do not know what is going to be my home State of New York, large cuts able number of hearings. funded for the coming summer or not. are being proposed in education aid We have spat upon the democratic There is a shadow over it. It is in the from the State to the city of New York process. We have just denigrated the continuing resolution, like everything and in the upstate district also, but democratic process, which at least else, but when it is not mentioned spe- greatly the cut impacts most on the called for an opportunity for controver- cifically, it say it is funded at 75 per- city of New York. sial ideas and new proposals to be dis- cent of last year’s level. In the case of In the city of New York itself, the cussed. The Republican majority has the Summer Youth Employment Pro- city government, the mayor has waged not permitted that. gram, we cannot really determine what a war against the board of education, So we had to have our own hearing last year’s level is, because there was a and in his attempt to balance the budg- out of frustration, and large numbers move to phase out the program, and et of the city, the board of education is of people were called on one day, kind the amount of funds appropriated was being made to pay a higher price than of an overwhelming enterprise that we an amount needed administratively to most other city agencies. had to undertake today. I do not recall phase it out. So there is a big question So, what started at the Federal level exactly how many witnesses, but I mark. has set off a chain reaction which has think there were more than 20, 20 wit- This is March 5. Summer youth em- been carried through devastating pro- nesses called by five panels, and some ployment programs usually go into mo- portions at the State and local level. I of the witnesses, of course, were out- tion sometime this month in terms of give New York as an example, but standing spirits, outstanding philoso- administrative planning, the recruit- across the country this phenomenon phers, outstanding advocates for edu- ment, et cetera. As of March 5, we do has taken hold in most big States. cation. We are quite proud of the fact not really know what is going to hap- There are cutbacks in most big cities. that we finally had the opportunity to pen in the Summer Youth Employment There are cutbacks, and we are going have them go on record in this very Program. in just the opposite direction than we critical year of decisionmaking. We have, through the budget process, should be going. There should be an es- This is a critical year of decision- through the back door, been able to calation of investment and an esca- making because even through the Re- Whittle down very critical education lation of activities in the area of edu- publican majority has not been able to programs. We have done all of this, as cation, and we are going in just the op- go through the usual democratic legis- I said before, without going through posite direction. lative procedure and work its will, they the democratic legislative process. We Today the Education and Economic have not been able to get many of the have treated the process with great Opportunity Committee, the Commit- revolutionary changes they wanted contempt. tee on Economic and Educational Op- passed. They have chosen the appro- To compensate for the contempt that portunity, what we used to call the priations route, the budget-making and the majority has shown for the demo- Education and Labor Committee; the appropriations route, to work their cratic process, the Democrats on the new Republican majority went to great will. They cannot get the reauthoriza- committee called today’s forum, which lengths to take out the word ‘‘labor,’’ tion of certain laws. They cannot get is, again, not an official hearing. It not have ‘‘labor’’ appear anywhere. I many of the items that they passed at does not have minutes and records of am glad they at least left ‘‘education’’ the level of the House of Representa- the same type as we have in official in the title of the committee; the Com- tives passed in the other body. So they hearings. It does not or did not have mittee on Economic and Educational have turned to the appropriations proc- both parties there, and only the Demo- Opportunities, Democratic members ess and legislate through the denial of crats were there. So it is not a sub- held a hearing, a forum, you cannot ac- funds to certain activities, denial of stitute for what should have happened. tually call it a hearing; it was a frus- funds to the Department of Education, But it is an opportunity or was an op- tration forum, because out of frustra- cutting back at a certain level, the de- portunity for people who have opin- tion, the Democrats had to set aside nial of funds to title I. ions, people who are advocates, people time and recruit witnesses for an un- You do not like title I, you do not who have been around a long time who usual kind of exercise. It was not an of- have the opportunity to get ride of it have experience. They should have ficial hearing, because the people that fully, revamp it in the way you want their voices heard in this process of we have sought to call for all of the of- it, so you cut it be $1.1 billion, about a changing education radically. H 1710 CONGRESSIONAL RECORD — HOUSE March 5, 1996 The radical changes are unnecessary. b 1845 are throwing a lot of money at that. I always frowned on radical approaches All of those factors we try to build We have thrown billions and billions of when they are not necessary. Revolu- into the standard setting process. dollars at the military in order to have tion is a dangerous operation always. There is a great debate, and we had a the military solve problems and come Revolution, things can always get compromise. At least the phrase ‘‘op- up with some gadgets that nobody real- more chaotic and more people can end portunity to learn’’ is built into the ly needs and continue to throw money up suffering if you take the revolution- standards. at the military. We are building an- ary route. So, revolution should only If you follow the course of action pro- other Seawolf submarine in Connecti- be undertaken when it is necessary. It posed by Goals 2000 and deal with cut, and the only justification for that is not necessary to have a revolution in standards for curriculum, course con- submarine is we want to keep the tech- education, however bad things may be. tent, you deal with standards for eval- nology alive. We want to keep the We were moving forward in an evolu- uation and have some kind of uniform- workers’ ability to deal with that tech- tionary way. ity so you can compare from one dis- nology current and alive. That is the I think proposals that have been on trict and one State to another. And if justification for building another the table for a long time, made a lot of you deal with standards for oppor- Seawolf submarine, which costs $2.1 bil- sense, starting with the Republican tunity to learn, if you move in that lion. We are throwing $2.1 billion at a President, George Bush, and his pro- way, then you put some funding behind problem that is really not a problem posal for America 2000 and his estab- the opportunity to learn standards. anymore, because we already have lishment of the six goals, the Clinton You have to have some money. You enough Seawolf submarines. The Soviet Union does not exist any- program of Goals 2000, are not so far need more money for science equip- more and is not building new sub- from the Bush Program of American ment, you need money for books. We marines. We are throwing money at it. 2000. There was some continuity. have libraries in New York that have That is a problem that the establish- Democratic Governors and Democratic books that are 35 years old, history ment, a problem that the people who legislators were involved in both proc- books that are 35 years old. What can are hypocritical about streamlining esses. All of that was moving forward. you teach a youngster from a history the budget, choose to designate as a Standards were being established book that is 35 years old that is going which were first proposed by the Re- problem. So they throw money at it. to allow them to really deal with 1996 We are throwing money in the sky at publican administration, and they are and history standards being promul- F–22 fighter planes. In Marietta, GA, now being established under a Demo- gated for the rest of the country, where the Speaker’s district, we are building cratic administration. We did not need the rest of the country has books that F–22 fighter planes that are not needed. a revolution. are up to date. There are high-technology fighter The evolutionary process needed to So in numerous ways, investment is planes unlike anything the world has be speeded up. The evolutionary proc- needed. You need to put money behind ever seen. We already have the best ess needed to have some resources put the effort. Among the people testifying fighter planes in the world. We already behind it. All of the structural changes today at our forum was the distin- have fighter planes that nobody is were not being accompanied by propos- guished author, Jonathan Kozol. Mr. challenging. The Soviet Union is not als to increase the investment. We Kozol has written many books, and I building any new fighter planes to needed more money. You know, to keep think the most famous and current of challenge the ones we have. changing the structure and playing the two is ‘‘Amazing Grace.’’ Before Why do we have to throw money at with standards to institute new evalua- ‘‘Amazing Grace’’ is his recent book the problem of high-technology fighter tions and do all the kinds of things which was released last year, before planes? But we are throwing money at that are proposed in the Goals 2000 leg- that a book called ‘‘Savage Inequal- it at Marietta, GA. It might not be a islation does not really allow education ities.’’ I think that there is no more ap- problem we need to throw money at to to be impacted in the way it should be propriately entitled book than ‘‘Savage solve the problem. By throwing money impacted. Inequalities.’’ at the F–22’s in Marietta, GA, in the During the process of these negotia- Mr. Kozol spent the day with us, Speaker’s district, we are certainly tions and discussions on Goals 2000 last since he testified. In fact, he is here solving the problem of employment in year, not last year, year before last, right now in the audience. I think that district. That district happens to when the Democrats were in the major- nothing was more penetrating than his be the district that receives the great- ity, during those discussions we had statement that you cannot keep asking est amount of Federal aid in the coun- long debates about opportunity to the question that most conservatives try. The county that the Speaker rep- learn standards. Everybody was inter- use. The favorite statement of the Re- resents receives the greatest amount of ested in standards for teaching the sub- publican majority, the favorite evasion money per capita of any county in the ject matter. Everybody was interested of the Republican majority, the favor- whole country. So by throwing money in standards for testing. But we talked ite evasion of the Republican majority, in that direction, we certainly are solv- about opportunity to learn standards, is ‘‘You can’t solve educational prob- ing a problem of prosperity and em- and opportunity to learn standards lems by throwing money at them. You ployment in that country. means that you have to provide the re- can’t solve the problems related to So why not provide appropriate re- sources for young people to be able to urban education by throwing money at sources, or even, if you must have a measure up to the standards that are them.’’ phrase, throw money at education, if the educational standards and to be One is supposed to cringe and fall you want to solve the problem of edu- able to pass the tests. back in the face of that kind of state- cation? We need money to build If you do not have science equipment, ment and apologize for asking for more schools, because some of them are lit- then do not ask youngsters to pass a money. I think Mr. Kozol made it quite erally unsafe and falling down. Many of test which is a strenuous test about clear that the answer to that state- them are, if not unsafe, are not condu- science if they do not have science ment is, Oh, yes, you can. Oh, yes, you cive to learning. We need money to equipment, if they do not have the must. You must have more money, throw at that problem and get new books, if you do not have the necessary more resources applied to the problem, schools built. physical plant. We have many schools or you definitely will not solve it. Senator CAROL MOSELEY-BRAUN and I across the country where it is just un- We do not try to solve any other introduced a bill 2 years ago which safe to have young people in the problems in this Nation or this society would provide for the introduction of a schools, let alone they do not have without the appropriate resources. I program just to repair dilapidated proper lighting, they do not have prop- think this country would sort of ap- schools and maybe build a few. It was er ventilation. We have asbestos, in plaud itself for its high-technology passed in the Senate she even got an many cases, still around when it should military machine that we have, a mili- authorization of $600 million, which is not be around, unsafe school as well as tary unlike any that the world has ever a small amount when you are consider- schools that are not conducive to seen. We are continuing to perfect that ing physical renovations and construc- study. high-technology military machine. We tion. But the other body passed it. March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1711 Later on they cut that down to $100 child. When studies are done on how of the people in a democracy. The great million, and it passed both the Senate the $7,000 per child per year is spent, question is when are the people going and the House in the reauthorized leg- there is a clear indication that it is to wake up and understand that they islation that we passed in the fall of lopsided from one district to another. have the power? They have the power, 1994, before the Republican majority New York City has a student body of 1 if they really believe that education is took over in January 1995. million pupils, 60,000 to 65,000 teachers. a priority and it has been that way for That money has been totally wiped It is a mammoth system, shifting the last 5 years, it is ranked in the top out of the budget, $100 million to deal things around. You will find the poor- four or five. Health care was once a pri- with asbestos problems, to deal with est neighborhoods and the lowest ority 3 or 4 years ago, but education lead in the water, to deal with unsafe grades which have the most difficulty was No. 2 or No. 3. Recently the New conditions, $100 million zeroed out in teaching children have the least York Times and USA Today and some completely. It is not even under discus- amount of resources. They are not others did polls which show that edu- sion anymore. spending $7,000 per child simply be- cation had eclipsed everything. It was We needed to throw money at the cause the biggest expenditure in any at the very top for a while, over health problem of asbestos and lead in the budget is the personnel budget. The care, over crime. So people keep telling water. We needed to throw money at personnel budget is driven by the us again and again that their common- unsafe conditions in certain schools. length of time that teachers are in the sense knowledge tells them that we So I want to salute Mr. Jonathan system. The districts which have the ought to be investing more in edu- Kozol today when he said, children which need the help most, cation. But we refuse to do it. We let Despite all that we face in education, we they have the least experienced teach- these savage inequalities that Jona- face the strange phenomena of being asked ers, because they have the most dif- than Kozol talks about, savage inequal- repeatedly by those who spend as much as ficult school systems, difficult jobs. ities that are destroying young people, $20,000 yearly to enroll their children in ex- Many teachers, as soon as they qualify continue year in and year out. We are clusive private schools, whether money real- for tenure, they move out of those dis- reminded of Shakespeare’s words in ly matters when it comes to the education of King Lear, ‘‘Fool me not so much to the poor. Can you solve these kinds of prob- tricts, they get transfers, so you have an ongoing condition where the dis- bear it tamely; touch me with noble lems, we are asked, by throwing money at anger,’’ which in street language them? tricts that need the help most and the best teachers have the least experi- means somebody ought to get mad, I think that no more appropriate ought to get very mad. statement could be made than to begin enced teachers. The most experienced b the dialog on whether Americans in de- teachers move out, and subsequently 1900 cisionmaking positions are serious the amount of money being spent per This is rotten. Smells to high heaven. about wanting a society which is a fair child is lower and lower in the districts Why are our mayors cutting education society, a society which is feasible in that need the most expenditures. when the people said that education That is just one basic phenomena terms of being able to maintain a sense should be the highest priority expendi- which explains expenditure difference, of justice and some kind of law and ture? Why are Governors cutting edu- even in a city where the average is order that everybody can live with. cation when the people in the States $7,000 per child. You have in the poor- To continue from Mr. Kozol’s testi- said education ought to be the highest est districts, in Brownsville, which is mony, priority? Why does our Federal Govern- in my district, or the South Bronx, I always find this a strange question, but ment insist on cutting education when which is in Congressman SERRANO’s especially when it is asked by those who do the people across the Nation said edu- precisely this for their own children. Money district, you will have the expenditure cation should be the highest priority? cannot do everything in life. It cannot buy down as low as $3,000 per child, because What is going on? What is going on in decency. It obviously does not buy honesty of these disparities in personnel sala- our democracy? or generosity of spirit. But if the goal is to ries. Somebody ought to get very mad, repair a roof or to install a wiring system or So it is far too low in many cases, and I hope that every parent, every remove lead poison or to pay for a computer and in many cases, of course, there are person who cares about America, will or persuade a first-rate teacher to remain in always ways in which you can improve understand that we ought to get angry a tough job. I think money is a fine solution. the distribution. Money is a fine solution. at decisionmaking which completely So I want to go back to the basic the- ignores priorities that are set by the If money is a solution for the mili- sis, is if we are in times which require people. Education is that clear prior- tary machine, then why is it not a so- greater and greater amounts of edu- ity. lution for the building of a society cation, where individuals cannot sur- We had testifying today Deputy Sec- where the most important resource is vive, families cannot survive unless retary of Education Madeleine Kunin, an educated population? An educated they have wage earners who do have and she only echoed what the other population is the most important re- exceptional education, wage earners witnesses had said before. I quote from source of a great power. who have the kind of education which the testimony of Deputy Secretary Mr. Kozol goes on to point out that allows them to fit into this high-tech Kunin: many people use as an example some telecommunications information age As Secretary Riley and I meet with par- urban district somewhere which has a society, we need those people, and the ents, students and business and community high per capita education expenditure, only way you are going to get those leaders around the country, we hear what but is not working. This is using an ex- people is to have an education system you hear, that education is America’s top ample of why money does not solve which allows them the opportunity to priority because it is America’s greatest con- problems. get the kind of education necessary to cern. The public understands what education I doubt if you can find three or four means for our children’s future and for the qualify for these jobs. future of our Nation. As they see companies education systems where you have a This is something that planners have downsizing, their own jobs threatened or higher amount of money being spent understood for a long time, professors lost, they look around and they see who is per capita than is being spent in the in universities have understood a long left standing: the men and women with the suburban districts across the country. time. The people in the street under- highest computer and technical skills. Where people have money, they choose stand it, too. They keep crying. They In short, Americans are seeing that to spend large amounts on their cry out for more and more resources to the greatest job security belongs to schools. There per capita rates are be devoted to education. Whenever those who have the best and most ad- much higher. they are asked a question or given an vanced education. Education is the cur- In New York State, the highest per opportunity to express their opinion, rency of the future. capita rate is $17,000 per pupil. That is they make it quite clear that edu- I continue to quote Deputy Secretary only one district. Many other districts cation ought to be one of the highest Kunin. ‘‘As the President has often spend $12,000, $11,000, $10,000 on their priorities in Federal expenditures. said, how much you learn determines schools per pupil. In New York City We keep ignoring them. It is amazing what you earn.’’ Few Americans argue they barely eke out $7,000 per year per how we just turn our back on the will with that conclusion. H 1712 CONGRESSIONAL RECORD — HOUSE March 5, 1996 Many Americans, however, argue big hit in the budget fight. Education the springtime, months after Congress with the approach that the majority in takes a 17-percent cut across the board. usually enacts an education appropria- Congress has taken in cutting support In some communities with a high per- tions bill for the next school year. But for education at the very moment when centage of poor children, the impact of this springtime, time is running out. the demand for higher and more edu- this cut will be as high as 25 percent. If It makes no sense that some of the cation by all Americans is growing at these cuts are enacted, some 40,000 to same people who say government an unprecedented rate. Demand is 50,000 aides and teachers will have to be should be run like a business are will- growing on two fronts. Sheer numbers let go. The Washington jargon, con- ing to let school principals, super- tell part of the story. We are going to tinuing resolution it is called, has a intendents, legislators, and school be educating more children in elemen- different meaning for the children boards twist in an uncertain wind with tary and secondary education than served by these aides and teachers. For no sense of how much Federal aid they ever before. We expect growth to in- them it is a discontinuing resolution, can expect. The result of this uncer- crease by a million students next year, stopping their education just when tainty is that decisions to cut back on nearly 6 million students by the year many were getting started. education are being made at school 2005, a 10 percent increase nationwide, Let me give you a few examples of board meetings around the country as including a 22 percent increase in Cali- what these cuts mean in classrooms we speak. fornia alone. across this country. ‘‘Last year I was In Boston, school officials had to sub- Continuing to quote Deputy Sec- in California,’’ I am quoting Madeleine mit their draft budget for next year 4 retary Kunin: Kunin, Deputy Secretary of the De- weeks ago. If nothing changes, teachers Just to imagine present class sizes, which partment of Education: must be notified by May 15 of any lay- already are too large, 50,000 new teachers Last year I was in California meeting with offs. Monroe County, WV, receives 25 will have to be hired for the coming school San Francisco School Superintendent Bill percent of its district budget from Fed- year. Fifty thousand new teachers have to be Rojas and mayor Willie Brown. They told me eral funds and would have to announce hired just to keep up with the growing num- that these cuts would force elimination of 12 teacher contracts by April 1. Right bers. If we want to move to improve the schools from the title I program, affecting now, they plan to lay off 15 to 20 teach- ratio of teachers to students and have lower 4,162 students who need to learn the basics to class sizes, smaller classes, then of course we pass and get ahead. The remaining schools of ers in six schools. would need more than 50,000 new teachers. the title I program could face the elimi- Moreover, the House-approved appro- To continue to quote Secretary nation, would face the elimination of teacher priations bill would actually eliminate Kunin: aides, library staff, computer labs, and the all funding for Goals 2000, ending excel- gutting of reading labs through the loss of lence grants to thousands of schools Today every student has to reach here or reading specialists, materials, and equip- his full potential. No mind can be wasted. around the country which are trying to ment. Without a high school degree today, you raise their academic standards, involve can’t earn a decent living. Even with a high Their story is not unique. New York parents in communities and education, school degree, you have a tough time in the City, while we have seen great success and they are preparing teachers for the job market. K–12 is becoming K–14 as tech- recently in improved test scores, will challenges of the 21st century class- nical schools and community colleges are lose $67 million in title I funds. And room. providing first-generation college students those dollars support 1,500 classroom At a time when 72 percent of Ameri- with the skill they want and they need. Our teachers. These cuts come at a bad cans say drugs and violence are serious ability to meet this avalanche of demand for education depends on support from all levels time, right when the new chancellor problems in local schools, it is not easy of government aimed at providing better announced that he is determined to to understand how the House could ap- educational opportunities for children. All make sure that every third-grade child prove a 55-percent cut in the safe and those who have an impact on education must reads at grade level. drug-free schools program, reducing join hands. Together we must build this vil- Secretary Riley, in his state of edu- funding in this program by nearly $200 lage in which to raise our children. There is cation speech last week, called for the million. no time for the politics of blame or for de- entire Nation to focus on helping our The impact of budget cuts will be felt monizing the Federal Government. children read, a goal that will not be on higher education as well. If direct It is hard to understand why the ma- achieved if these budget cuts stay in lending is capped or killed, students jority in Congress would decrease re- place. The same story is true in Phila- and schools in the program will be de- sources in the face of rising demand for delphia. A loss of $13 million, 300 teach- prived of a streamlined program that education. the House appropriations ers and aides as well as services. In has worked, making access to student bill would create a massive education Chicago, these title I cuts could trans- loans easier and cheaper and enabling deficit, and among the victims would late to layoffs of 600 teachers. In San them to pay their loans back more be our children and our Nation’s fu- Diego, 11,000 students could be denied readily. ture. Their cuts are in the areas of title I services. Perhaps the most disas- We also have a difference of opinion highest priority to the American peo- trous impact will be felt by our young- with the congressional leadership on ple: support for basic skills, safe and est children at the highest poverty lev- Pell grants. We are pleased that a $100 drug-free schools, raising standards, els. increase was approved, but we must do better training for teachers, getting At McNair school in north Charles- more and raise the grant to $2,620 as technology into the classroom, and ac- ton, 80 percent of the students live in more students depend on financial aid cess to college and post-secondary edu- public housing. The school receives to further their college education. cation. $455,000 in title I support. What will I am still quoting from the Deputy To continue to quote the Deputy Sec- change without this money? The Secretary of Education, Madeleine retary: Charleston Post and Courier report Kunin: From my own life, I know the For example, the House-approved appro- that the programs at risk include all- value of education. I came to this coun- priations bill would take away $3.7 billion day kindergarten, special reading pro- try as a child who could not speak Eng- from education. That is for one year, the grams, the schools’ computer lab, staff lish. My mother believed that anything coming fiscal year. Sadly, the loss of these development, and a 6-week summer en- is possible in America and our access funds will have the greatest impact on chil- dren who need to read better, who want to richment program. These cuts will be to education made her more than an prepare for a career, and who may attend real and painful if the Congress does idol dreamer. It made her a prophet. schools where standards are still low, and not act to prevent them. What was there for me and for you these children can catch up and do well if Already schools are being forced to must be there for this generation of they are given extra help, the extra help that take action because they must plan children. That is what this budget bat- they need. ahead. As you know, the education tle is all about. It is about making Why should we take this chance budget is forward-funded, and for good hope more than rhetoric, making it a away from them? Indeed, the purpose reason. Schools must get budgets reality. of title I programs is to help these passed in their own communities and I end the quote from the testimony of needy children succeed. How odd it is sign contracts and buy books for next the Deputy Secretary of Education, then that this program takes such a year. Such local decisions are made in Madeleine Kunin, and I return to the March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1713 statement of author Jonathan Kozol develop miniaturization, to develop information superhighway, so let us and the spirit of the testimony of Jona- ways in which you could use fre- use the analogy. We have a highway than Kozol. The spirit of the testimony quencies more effectively. All of this trust fund very successfully. The high- of Jonathan Kozol is that we have a was developed by the resources and the way trust fund is based upon a tax that moral dilemma. We have a situation taxes of the American people. And the is placed on gasoline. That tax money where the powerful decisionmakers of American people deserve to have a is used to build highways, a successful America have made a decision to throw share of that investment. interstate net across the country. We overboard large numbers of children, a b 1915 have the best highway system in the large percentage of the population, just world, because we had a dedicated tax forget about them. We have a situation We now have frequencies, spectrums to take care of that. in America where large numbers of above our head. I have used this exam- Now we are on the information super- decisionmakers, people in power, are ple many times, and I do not think I highway, and why not have that funded choosing to take care of their children, can say it too often. The spectrum be- in the same way: establish a trust fund send them to the best schools, appro- longs to the American people. The air through dedicated revenue, give the priate money and resources or make over our heads, the atmosphere over revenue that we have derived back to available money and resources through our heads, nobody has the right to the States on a per capita basis. If we private sources for their own children, claim that. It belongs to the people. want to hand things down to the State, while the rest of America, a large part The Government should not give that there is a situation where we could eas- of it, goes down the drain. away. The Government should use it in ily, without a bureaucracy, hand down I think Mr. Kozol used the word ways which benefit all of the people. the money that is collected through ‘‘triage.’’ Triage is something that If we are going to sell it, we should this dedicated revenue process to the originated in war. It is a French term sell it at prices which benefit all the States on the basis of the number of where when you had large numbers of taxpayers. I certainly propose we do people in each State. wounded congregated, they had to not even sell it, we lease it, so nobody I say that because I would like to see make some decisions about how to use thinks they own the spectrum, they New York State for a change get a fair their meager resources. They had a own the frequencies up there. It is like shake in some kind of Federal pro- limited number of doctors, nurses, and the early America, where we had the gram. We have the phenomenon in New medicine, so they would line people up, great land rush, and there was land York where we are still paying far and those who were only partially which we claimed that nobody owned, more into the Federal Treasury than wounded or not so serious were put in and we gave it to white American set- we get back in aid. You would not be- one category and not given much at- tlers. The native Americans, they lieve that when you hear them talk. tention, and those who were so far gone owned it, so it was taken from them. We get large amounts of aid from title that it was felt that resources should But without getting into that argu- I, a large amount of aid from Medicaid not be wasted on them were put in an- ment, at least there was a democratic and Medicare. People look at all that other category and left to die, and process of allowing people to partici- and say ‘‘New York gets more than those in the middle, of course, who be- pate in the land rush. Black people anybody else.’’ New York has more longed to neither category were given were not allowed to participate, even people, and New York chooses to spend attention. after the slaves were freed. They could its money on Medicaid and on Medi- Well, we have decided to do some- not participate in the land rush, but all care, instead of on F–22 planes or Sea thing similar in a situation where white Americans could participate in Wolf submarines. I can think of no there is no need for it. We are not on a the land rush. Immigrants who were more noble way to spend money than battlefield. There is no emergency. We white could participate in the land to spend it on the health of people. do not need a revolution. We do not rush. They were given land, land that Yes, you can always get rid of some need to balance the budget overnight belonged to the people, that belonged waste, some corruption; you can al- in ways which force us into a situation to the Government. ways streamline the process. But if you where we have to participate in triage. So we have a similar situation above are spending money on the health care But triage is going forward because the our heads with a spectrum as invalu- of New Yorkers, that is money well majority in this House and the major- able as land. Let us not cry about the spent. In New York, we should raise ity which controls the Congress at this lack of resources. Let us not tax Amer- our heads high, because our share of point has decided that America should ican families anymore. Let us make what we are getting from the Federal be an America for an elite group. We the corporations who want to use those Government is being used to help peo- are going to go into the pampering of frequencies and want to use those spec- ple in various positive ways. We are an oligarchy. A small group will be trums, let us let them pay for it. It is not building weapons systems that will placed into the situation where they a way to justly derive revenue, revenue no longer be needed, weapons systems will be able to make unlimited profits, which can then be used to pay for more that are very expensive and obsolete. they will be able to live without any education. New York State in 1994 gave, through disturbances from the rest of the popu- Why do we not have a dedicated tax a tax collection process, the Federal lation. Ten percent of the people will for all the Internet transactions above Government $18.9 billion more than it make all the money they can make. a certain amount of money, commer- got back in Federal aid. You might say Ten percent of the people would not cial transactions above $10, put a tax ‘‘Why did you calculate it that way?’’ have to be bothered with any taxes on them of some percentage, and have We have been following this for a few which fund the programs that make that tax on the Internet transactions years. The Kennedy School of Govern- the Nation go. Ten percent of the peo- become a way to finance the informa- ment has a table which shows that con- ple are going to be parasites on the na- tion access that is needed for the rest sistently, New York has given more to tional tradition and on all that has of the public? We need to have access the Federal Government then it has gone before them. for everybody, so we need libraries and gotten back in terms of aid. We do not People are making large amounts of schools to be wired, we need computers have any big defense plants, any Sea money on Wall Street on telecommuni- to be available in some public centers, Wolf submarines, any aircraft carriers, cations investments, investments in public telecommunication centers, or so we do not get back large amounts of computers, investments in cable tele- in libraries where people can go in and money like Marietta, GA, does. The vision, investments of all kinds of make use of the information age, re- southern States altogether get back $65 gadgets which are driven by modern gardless of their income. billion more from the Federal Govern- technology which was developed by the All of this could be financed pain- ment than they pay into the Federal American people’s money. Taxpayers lessly by attaching a dedicated tax to Government. financed the development of tele- transactions that take place over the I am mentioning this because we communications. At the end of World Internet, or various other electronic have a dogma here about States rights War I and World War II, we invested communications transactions. We and block grants to the States, the billions of dollars to develop radar, to could have a trust fund. We call it the States can do it so much better. New H 1714 CONGRESSIONAL RECORD — HOUSE March 5, 1996

York could probably exist far better if [Mr. KINGSTON] is recognized for 60 (The following Members (at the re- you were to give it back its own minutes. quest of Mr. MCDERMOTT) and to in- money. If we had $18 billion, almost $19 [Mr. KINGSTON addressed the House. clude extraneous material:) billion that is ours to spend as we see His remarks will appear hereafter in Mr. CLAY. fit, we can solve all the budget prob- the Extensions of Remarks.] Mr. LANTOS. lems of New York State. f Mrs. SCHROEDER. Those who talk about States rights Mr. UNDERWOOD. and passing education programs and RECESS Mr. REED. school lunch programs and AFDC, Med- The SPEAKER pro tempore. Pursu- (The following Members (at the re- icaid, passing it down to the States, ant to clause 12 of rule I, the House quest of Mr. FOLEY) and include extra- you had better stop and think twice will stand in recess subject to the call neous matter:) about placing such a high priority on of the Chair. Mr. CUNNINGHAM. States rights in running programs and Accordingly (at 7 o’clock and 24 min- Mr. RADANOVICH. funding programs. On education, there utes p.m.), the House stood in recess (The following Members (at the re- are many States that would be short- subject to the call of the Chair. quest of Mr. BENTSEN) and to include changed if they have to pay for their f extraneous material:) Mr. BERMAN. own costs without Federal funds. Many b 2128 of the Federal funds flow out of the Ms. PELOSI. northwest States like New York and AFTER RECESS Mr. ORTIZ. Michigan; midwest States like Michi- The recess having expired, the House Ms. DELAURO. gan and Wisconsin. They are still pay- was called to order by the Speaker pro Mr. MENENDEZ in two instances. ing far more to the Federal Govern- tempore (Mr. COBLE) at 9 o’clock and 28 Mr. STARK. ment than they get back. minutes p.m. Mr. BORSKI. Let me conclude by saying what we f (The following Members (at the re- need is leadership that recognizes that quest of Mr. OWENS) and to include ex- triage will not work. No part of the LEAVE OF ABSENCE traneous material:) population should be thrown over- By unanimous consent, leave of ab- Mr. DAVIS. board. If you are not going to throw a sence was granted to: Mrs. MORELLA in two instances. portion of the population overboard, Miss COLLINS of Michigan (at the re- Mr. MENENDEZ in two instances. then you invest in education. quest of Mr. GEPHARDT), for today and Mr. BEREUTER in two instances. You must face the realities of 1996. the balance of the week, on account of Mr. RADANOVICH. There is a technological revolution. illness in the family. Mr. GILLMOR. There is an information age revolution. Mrs. CHENOWETH (at the request of Mr. JACOBS. There are going to be large dislocations Mr. ARMEY), for today, on account of Mr. STARK. that you have always in the work illness in the family. Mr. BORSKI. force. We want to have certain kinds of f Mr. MOAKLEY. Mr. GOODLATTE. value systems developed. We want to SPECIAL ORDERS GRANTED have fairness across the board, and ev- Mr. PALLONE. By unanimous consent, permission to erybody participate in the prosperity Mr. LEWIS of California. address the House, following the legis- of America. Mr. DIAZ-BALART. The only way we know at this point lative program and any special orders Mr. MEEHAN. to do that, the way we are certain will heretofore entered, was granted to: Mr. BARCIA. (The following Members (at the re- have a direct impact on that problem, f quest of Mr. MCDERMOTT) to revise and is education, more investment in edu- extend their remarks and include ex- ADJOURNMENT cation, more investment in job train- traneous material:) The SPEAKER pro tempore. Without ing. Some genius may come along later Mrs. MALONEY, for 5 minutes, today. objection, the House stands adjourned. on and find some other way to deal Ms. KAPTUR, for 5 minutes, today. There was no objection. with the problem in addition to invest- Mr. DEUTSCH, for 5 minutes, today. Accordingly (at 9 o’clock and 29 min- ing in education and job training. It Mr. FRANK of Massachusetts, for 5 utes p.m.), the House adjourned until may be there may be a pill people can minutes, today. Wednesday, March 6, 1996, at 11 a.m. take to help solve the problem at some (The following Members (at the re- f time in the future. I do not know. We quest of Mr. FOLEY) to revise and ex- do not have any way to predict the tend their remarks and include extra- EXECUTIVE COMMUNICATIONS, wonders of technology and medicine. neous material:) ETC. But we do know education and job Mr. BURTON of Indiana, for 5 minutes Under clause 2 of rule XXIV, execu- training are absolutely necessary in each day on today and March 6, 7, and tive communications were taken from order to cope with the current difficul- 8. the Speaker’s table and referred as fol- UNTER, for 5 minutes, today. ties we are facing in this society, Mr. H lows: whether you are talking about crime Mr. FOLEY, for 5 minutes, today. (The following Members (at the re- 2174. A communication from the President problems, AIDS problems; you name of the United States, transmitting his re- quest of Mr. CHRISTENSEN) to revise the problem, and education is part of quests for emergency fiscal year 1996 supple- the solution. and extend their remarks and include mental appropriations for emergency ex- Let us go forward and reject the phi- extraneous material:) penses related to recent natural disasters in losophy of the Republican majority. Mr. MCINTOSH, for 5 minutes, today. the United States and the Virgin Islands, and Let us not disinvest in education at Mr. TIAHRT, for 5 minutes, today. to designate the amount made available as this point. Let us follow the trend of Mr. BARR of Georgia, for 5 minutes, an emergency requirement pursuant to sec- the thinking of the people who ap- today. tion 251(b)(2)(D)(i) of the Balanced Budget (The following Member (at his own peared at our forum today. Twenty and Emergency Deficit Control Act of 1985, request) to revise and extend his re- as amended, pursuant to 31 U.S.C. 1107 (H. people came from all walks of life. marks and include extraneous mate- Doc. No. 104–183); to the Committee on Ap- They said ‘‘The American people say rial:) propriations and ordered to be printed. that common sense dictates that we Mr. PETE GEREN of Texas, for 5 min- 2175. A letter from the Secretary of En- should invest more and more in edu- utes, today. ergy, transmitting notification of the De- cation.’’ I hope we will go forward and partment’s intention to contract the sale of f do that. Naval Petroleum Reserve Numbered 1, also known as the Elk Hills Reserve without pro- f EXTENSION OF REMARKS viding for the use of competitive procedures; The SPEAKER pro tempore (Mr. By unanimous consent, permission to to the Committee on National Security. COBLE). Under a previous order of the revise and extend remarks was granted 2176. A letter from the Secretary of Edu- House, the gentleman from Georgia to: cation, transmitting final priority—Research March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1715 in Education of Individuals with Disabilities to the Committee on Government Reform H.R. 3007. A bill to establish an inter- Program, pursuant to 20 U.S.C. 1232(d)(1); to and Oversight. agency task force to design and implement a the Committee on Economic and Edu- 2189. A letter from the Director, U.S. Infor- plan for determining the extent to which cational Opportunities. mation Agency, transmitting a report of ac- U.S. currency is held in foreign countries 2177. A letter from the Secretary of Health tivities under the Freedom of Information and estimating the extent to which such cur- and Human Services, transmitting the De- Act for calendar year 1995, pursuant to 5 rency is being counterfeited outside the partment’s report entitled ‘‘Ambulatory Sur- U.S.C. 552(d); to the Committee on Govern- United States, and for other purposes; to the gery, Preadmission Testing, and Same-day ment Reform and Oversight. Committee on Banking and Financial Serv- Surgery: State Medicaid Programs’ Experi- 2190. A letter from the U.S. Trade Rep- ices, and in addition to the Committee on ence and Findings from the Literature,’’ pur- resentative, transmitting a report of activi- the Judiciary, for a period to be subse- suant to Public Law 101–508, section ties under the Freedom of Information Act quently determined by the Speaker, in each 4755(b)(3)(d) (104 Stat. 1388–210); to the Com- for calendar year 1995, pursuant to 5 U.S.C. case for consideration of such provisions as mittee on Commerce. 552(e); to the Committee on Government Re- fall within the jurisdiction of the committee 2178. A letter from the Acting Secretary of form and Oversight. concerned. By Mr. COX (for himself, Mr. YOUNG of State, transmitting a list of all potential f sales and licensed commercial exports under Alaska, Mr. CALVERT, and Mrs. the act of major weapons or weapons-related REPORTS OF COMMITTEES ON VUCANOVICH): defense equipment valued at $7 million or PUBLIC BILLS AND RESOLUTIONS H.R. 3008. A bill to amend the Helium Act more, or of any other weapons or weapons- to authorize the Secretary to enter into related defense equipment valued at $25 mil- Under clause 2 of rule XIII, reports of agreements with private parties for the re- lion or more, which the administration con- committees were delivered to the Clerk covery and disposal of helium on Federal siders eligible for approval during the cal- for printing and reference to the proper lands, and for other purposes; to the Com- endar year 1996 and which may, therefore, re- calendar, as follows: mittee on Resources. sult in notification to the Congress this By Mr. FOLEY: Mr. DIAZ-BALART: Committee on Rules. H.R. 3009. A bill to amend the Civil Rights year, pursuant to section 25(a)(1) of the Arms House Resolution 370. Resolution waiving Commission Act of 1983 with respect to the Export Control Act; to the Committee on points of order against the conference report subpoena power of the Commission; to the International Relations. to accompany the bill (H.R. 927) to seek Committee on the Judiciary. 2179. A letter from the Assistant Secretary international sanctions against the Castro By Mr. PETE GEREN of Texas: for Legislative Affairs, Department of State, government in Cuba, to plan for support of a H.R. 3010. A bill to assure that advertise- transmitting a report on the progress made transition government leading to a demo- ments by States for participation in their toward opening the U.S. Embassy in Jerusa- cratically elected government in Cuba, and lotteries provide information to the lem, pursuant to Public Law 104–45, section 6 for other purposes (Rept. 104–470). Referred consumer on the statistical probability of (109 Stat. 400); to the Committee on Inter- to the House Calendar. winning and for other purposes; to the Com- national Relations. Mr. YOUNG of Alaska: Committee on Re- mittee on Commerce. 2180. A letter from the Executive Director, sources. H.R. 1332. A bill to establish certain By Mr. GOODLATTE (for himself, Mr. Committee for Purchase from People who policies and responsibilities with respect to DELAY, Mr. BOEHNER, Mr. MOORHEAD, are Blind or Severely Disabled, transmitting the administration of the Rongelap Resettle- Mrs. SCHROEDER, Mr. GEJDENSON, Mr. a report of activities under the Freedom of ment Trust Fund, and for other purposes; MANZULLO, Mr. COBLE, Mr. BARR of Information Act for calendar year 1995, pur- with an amendment (Rept. 104–471). Referred Georgia, Mr. BONO, Ms. LOFGREN, Mr. suant to 5 U.S.C. 552(e); to the Committee on to the Committee of the Whole House on the CAMPBELL, Ms. ESHOO, Mr. DOO- Government Reform and Oversight. State of the Union. LITTLE, Mr. FARR of California, Mr. 2181. A letter from the Director, Commu- f MCKEON, Mr. ENGEL, Mrs. nications and Legislative Affairs, Equal Em- WALDHOLTZ, Mr. EWING, Mr. MICA, ployment Opportunity Commission, trans- PUBLIC BILLS AND RESOLUTIONS Mr. CHAMBLISS, Mr. EVERETT, Mr. mitting a report of activities under the Free- EHLERS, Mr. ORTON, Mr. MATSUI, Mr. Under clause 5 of rule X and clause 4 dom of Information Act for calendar year BOUCHER, Mr. CHABOT, Mr. MOAKLEY, 1995, pursuant to 5 U.S.C. 552; to the Commit- of rule XXII, public bills and resolu- and Mr. BARTLETT of Maryland): tee on Government Reform and Oversight. tions were introduced and severally re- H.R. 3011. A bill to amend title 18, United 2182. A letter from the Chairman, Federal ferred as follows: States Code, to affirm the rights of U.S. per- Deposit Insurance Corporation, transmitting sons to use and sell encryption and to relax a report of activities under the Freedom of By Mr. GONZALEZ: H.R. 3003. A bill to establish requirements export controls on encryption; to the Com- Information Act for calendar year 1995, pur- mittee on the Judiciary, and in addition to suant to 5 U.S.C. 552(d); to the Committee on applicable to rent-to-own transactions; to the Committee on Banking and Financial the Committee on International Relations, Government Reform and Oversight. for a period to be subsequently determined Services. 2183. A letter from the Chairman, Federal by the Speaker, in each case for consider- By Mrs. LINCOLN (for herself, Mr. Maritime Commission, transmitting a report ation of such provisions as fall within the ju- TAUZIN, Mr. POSHARD, Mr. HUTCHIN- of activities under the Freedom of Informa- risdiction of the committee concerned. SON, and Mr. MINGE): tion Act for calendar year 1995, pursuant to By Mr. MORAN (for himself, Mr. H.R. 3004. A bill to amend title XVIII of the 5 U.S.C. 552(d); to the Committee on Govern- SAXTON, Mr. DAVIS, Mr. FROST, Mr. Social Security Act to extend the maximum ment Reform and Oversight. PASTOR, Mr. DEUTSCH, Mr. FARR of period permitted between standard surveys 2184. A letter from the Chairman, Board of California, Mr. COLEMAN, Mr. HAST- of home health agencies and to expand the Governors, Federal Reserve System, trans- INGS of Florida, Ms. NORTON, Mr. scope of deemed status and permit recogni- mitting a report of activities under the Free- FILNER, Mr. BILBRAY, Mr. GENE tion of surveys by national accreditation dom of Information Act for calendar year GREEN of Texas, Ms. LOFGREN, and bodies for providers under the Medicare Pro- 1995, pursuant to 5 U.S.C. 552; to the Commit- Mr. NORWOOD): tee on Government Reform and Oversight. gram; to the Committee on Ways and Means, H.R. 3012. A bill to amend title 10, United 2185. A letter from the National Endow- and in addition to the Committee on Com- States Code, to permit covered beneficiaries ment for Democracy, transmitting a report merce, for a period to be subsequently deter- under the military health care system who of activities under the Freedom of Informa- mined by the Speaker, in each case for con- are also entitled to Medicare to enroll in the tion Act for calendar year 1995, pursuant to sideration of such provisions as fall within Federal Employees Health Program; to the 5 U.S.C. 552(e); to the Committee on Govern- the jurisdiction of the committee concerned. Committee on National Security, and in ad- ment Reform and Oversight. By Mr. FIELDS of Texas: dition to the Committee on Government Re- 2186. A letter from the Chairman, Securi- H.R. 3005. A bill to amend the Federal secu- form and Oversight, for a period to be subse- ties and Exchange Commission, transmitting rities laws in order to promote efficiency and quently determined by the Speaker, in each a report of activities under the Freedom of capital formation in the financial markets, case of consideration of such provisions as Information Act for calendar year 1995, pur- and to amend the Investment Company Act fall within the jurisdiction of the committee suant to 5 U.S.C. 552(b); to the Committee on of 1940 to promote more efficient manage- concerned. Government Reform and Oversight. ment of mutual funds, protect investors, and By Mr. NEY: 2187. A letter from the Chairman, U.S. provide more effective and less burdensome H.R. 3013. A bill to increase the availabil- Merit Systems Protection Board, transmit- regulations; to the Committee on Commerce. ity and continuity of health coverage for in- ting a report of activities under the Freedom by Mr. LEWIS of California: dividuals, small employers, and other of Information Act for calendar year 1995, H.R. 3006. A bill to provide for disposal of groups, to reduce paperwork and simplify ad- pursuant to 5 U.S.C. 552(e); to the Committee public lands in support of the Manzanar His- ministration of health care claims, and for on Government Reform and Oversight. toric Site in the State of California, and for other purposes; to the Committee on Com- 2188. A letter from the U.S. Copyright Of- other purposes; to the Committee on Re- merce, and in addition to the Committees on fice, transmitting a report of activities sources. Economic and Educational Opportunities, under the Freedom of Information Act for By Mr. BACHUS (for himself, Mr. and Ways and Means, for a period to be sub- calendar year 1995, pursuant to 5 U.S.C. 552; LEACH, and Mr. SPRATT): sequently determined by the Speaker, in H 1716 CONGRESSIONAL RECORD — HOUSE March 5, 1996 each case for consideration of such provi- H.R. 447: Mr. THORNTON, Mr. WELDON of DELETIONS OF SPONSORS FROM sions as fall within the jurisdiction of the Pennsylvania, and Mr. WELDON of Florida. PUBLIC BILLS AND RESOLUTIONS committee concerned. H.R. 777: Mr. BROWN of California. By Mr. REED (for himself, Mr. KEN- H.R. 778: Mr. BROWN of California. Under clause 4 of rule XXII, sponsors NEDY of Rhode Island, and Mr. GEJD- H.R. 779: Mr. HILLIARD, Mr. BORSKI, and were deleted from public bills and reso- ENSON): Mr. FROST. lutions as follows: H.R. 3014. A bill to amend title 46, United H.R. 780: Mr. HILLIARD, Mr. BORSKI, and H.R. 1963: Mr. FILNER. States Code, to ensure the safety of barges Mr. FROST. H. R. 1972: Mr. FILNER. carrying oil or hazardous material in bulk on H.R. 789: Mr. GRAHAM. f lakes, bays, or sounds of the United States, H.R. 820: Ms. SLAUGHTER, Mr. HALL of by establishing equipment and manning re- Texas, Mr. PETE GEREN of Texas, Mr. BREW- AMENDMENTS STER, Mr. PETERSON of Minnesota, Mr. quirements for those barges; to the Commit- Under clause 6 of rule XXIII, pro- CONDIT, Mr. COLEMAN, Mr. EVERETT, Mr. CAL- tee on Transportation and Infrastructure. posed amendments were submitted as By Mrs. SCHROEDER (for herself, Ms. LAHAN, and Mr. PAYNE of Virginia. WATERS, Ms. JACKSON-LEE of Texas, H.R. 833: Mr. BILBRAY and Mr. DEFAZIO. follows: and Ms. NORTON): H.R. 972: Mr. LUTHER. H.R. 994 H.R. 3015. A bill to amend the Public H.R. 995: Mr. QUINN. OFFERED BY: MR. SANDERS H.R. 1010: Mr. KILDEE. Health Service Act to establish a program (Page and line number references are to H.R. 1386: Mr. NETHERCUTT. for postreproductive health care; to the Com- Amendment No. 1) mittee on Commerce. H.R. 1416: Mr. LAFALCE, Ms. ROYBAL-AL- AMENDMENT NO. 2: Page 5, line 16, insert By Mr. YATES: LARD, Mr. BROWN of California, and Mr. before the period the following: ‘‘especially H.R. 3016. A bill to require the Secretary of EHLERS. small entities employing 50 or fewer employ- the Treasury and the Attorney General of H.R. 1423: Mr. ENGLISH of Pennsylvania, ees’’. the United States to be consulted before the Ms. PELOSI, and Ms. WOOLSEY. manufacture, importation, sale, or delivery H.R. 1513: Mr. WALSH. H.R. 994 of armor piercing ammunition for the use of H.R. 1560: Mr. OLVER. OFFERED BY: MR. SANDERS H.R. 1573: Mr. ROYCE. a governmental entity; to the Committee on (Page and line number references are to H.R. 1610: Mr. CAMP and Mr. BILBRAY. the Judiciary. Amendment No. 1) H.R. 3017. A bill to amend title 18, United H.R. 1619: Mr. NADLER. H.R. 1625: Mr. PETRI and Mr. EMERSON. AMENDMENT NO. 3: Page 15, line 17, strike States Code, to prohibit the possession or H.R. 2143: Mr. CAMPBELL. ‘‘functional interrelations’’ and insert ‘‘func- transfer of handgun ammunition capable of H.R. 2193: Mr. KLUG. tional interrelationships (including the rela- being used to penetrate standard body H.R. 2202: Mrs. LINCOLN, Mr. SISISKY, and tionship of rules which affect business enti- armor; to the Committee on the Judiciary. Mr. GREENWOOD. ties employing 50 or fewer employees)’’. H.R. 3018. A bill to prohibit the importa- H.R. 2214: Ms. LOFGREN. H.R. 994 tion, manufacture, sale, purchase, transfer, H.R. 2270: Mr. MILLER of Florida. receipt, or transportation of handguns in any OFFERED BY: MR. SMITH OF MICHIGAN H.R. 2306: Mr. EVANS and Mrs. MEYERS of manner affecting interstate or foreign com- AMENDMENT NO. 4: Strike title III and in- Kansas. merce, except for or by members of the sert the following: H.R. 2320: Mr. COBLE, Mr. ROHRABACHER, Armed Forces, law enforcement officials, Mr. EWING, Ms. DUNN of Washington, Mr. TITLE III—REQUIREMENT FOR CONGRES- and, as authorized by the Secretary of the SCARBOROUGH, Mr. NEUMANN, Mr. MOORHEAD, SIONAL APPROVAL OF SIGNIFICANT Treasury, licensed importers, manufacturers, Mr. KIM, Mr. NEY, and Mr. METCALF. RULES and dealers, and pistol clubs; to the Commit- H.R. 2566: Mr. FRANKS of New Jersey. SEC. 301. SHORT TITLE. tee on the Judiciary. H.R. 2575: Mr. YATES. This title may be cited as the ‘‘Significant By Mr. LIVINGSTON: H.R. 2604: Mr. SHAW. Regulation Oversight Act of 1996’’. H.R. 3019. A bill making appropriations for H.R. 2664: Mr. STUDDS, Mr. BRYANT of SEC. 302. FINDING AND PURPOSE. fiscal year 1996 to make a further downpay- Texas, and Mr. TAYLOR of Mississippi. (a) FINDING.—The Congress finds that over- ment toward a balanced budget, and for H.R. 2779: Mr. BLILEY, Mr. SOLOMON, Mr. sight of significant rules will be enhanced if other purposes; to the Committee on Appro- FOLEY, Mr. WELDON of Florida, and Mr. EM- they are subject to congressional review and priations, and in addition to the Committee ERSON. approval after being proposed by an agency. on the Budget, for a period to be subse- H.R. 2795: Mr. MICA and Mr. SCARBOROUGH. (b) PURPOSE.—The purpose of this title is quently determined by the Speaker, in each H.R. 2807: Mrs. MEYERS of Kansas and Mr. to ensure that before a significant rule takes case for consideration of such provisions as HUNTER. effect— fall within the jurisdiction of the committee H.R. 2820: Ms. PRYCE and Mr. LINDER. (1) Congress is given an adequate oppor- concerned. H.R. 2837: Mr. DEFAZIO and Mr. HOYER. tunity to review the rule and ensure that it By Mr. SHAW (for himself, Mr. ZELIFF, H.R. 2879: Mr. DINGELL. is in accordance with the intent of Congress and Mr. MCCOLLUM): H.R. 2900: Mr. JACOBS. in enacting the law under which the rule is H.J. Res. 162. Joint resolution to dis- H.R. 2959: Ms. ROYBAL-ALLARD, Ms. MCCAR- proposed; and approve the certification of the President THY, Mr. BRYANT of Texas, and Mr. DICKS. (2) Congress approves the rule in accord- under section 490(b) of the Foreign Assist- H.R. 2966: Mr. CALVERT, Mr. BRYANT of ance with the procedures established by this ance Act of 1961 regarding foreign assistance Tennessee, and Mr. EHLERS. title. for Mexico during fiscal year 1996; to the H.R. 2976: Mr. DELLUMS, Mr. HOUGHTON, Mr. Committee on International Relations. SEC. 303. REVIEW OF SIGNIFICANT RULES BY NORWOOD, Mr. OWENS, Mr. TAYLOR of North CONGRESS. By Mr. GILCHREST: Carolina, and Mr. WALSH. (a) CONGRESSIONAL APPROVAL OF SIGNIFI- H. Con. Res. 146. Concurrent resolution au- H.R. 2992: Mr. COBURN, Mr. GILLMOR, and CANT RULES REQUIRED.—A significant rule thorizing the 1996 Special Olympics Torch Mr. KIM. shall not take effect before the date of the Relay to be run through the Capitol H.R. 2994: Mr. HERGER, Mr. LEVIN, Ms. enactment of a joint resolution described in Grounds; to the Committee on Transpor- DUNN of Washington, Mrs. KENNELLY, Mr. section 304(a) comprised solely of the text of tation and Infrastructure. TOWNS, Mr. CAMP, Mr. LEACH, Mr. FATTAH, the significant rule. By Mr. TRAFICANT: Ms. LOFGREN, Mr. FARR, and Mr. HUTCHIN- (b) REPORTING AND REVIEW OF SIGNIFICANT H. Con. Res. 147. Concurrent resolution au- SON. RULES.—(1) Before a proposed significant thorizing the use of the Capitol Grounds for H.J. Res. 158: Mr. MOAKLEY, Mr. THOMPSON, rule would take effect as a final rule, the the 15th annual National Peace Officers’ Me- Mr. FROST, Ms. LOFGREN, Mrs. MORELLA, Mr. agency proposing the rule shall submit to morial Service; to the Committee on Trans- OLVER, Mrs. MALONEY, Mr. WAXMAN, Mr. each House of Congress a report containing portation and Infrastructure. BERMAN, Mr. ACKERMAN, Mr. BEILENSON, Mr. the following: f JEFFERSON, Ms. KAPTUR, Mr. PORTER, Mr. (A) A copy of the proposed significant rule. MCNULTY, Mr. MCDERMOTT, Mr. MURTHA, Mr. (B) A concise summary of the proposed sig- ADDITIONAL SPONSORS HILLIARD, Mr. HORN, Mr. STUDDS, Mr. FRAZ- nificant rule, its purpose, and anticipated ef- Under clause 4 of rule XXII, sponsors ER, Mrs. CLAYTON, Mrs. SCHROEDER, Mr. fects. PAYNE of New Jersey, Mr. DELLUMS, Mr. WIL- (C) A complete copy of any cost-benefit were added to public bills and resolu- SON, Ms. VELAZQUEZ, Mr. TORRES, Ms. FURSE, analysis report that has been prepared by tions as follows: Mr. FRANK of Massachusetts, Mr. BUNN of Or- the agency with respect to the proposed sig- H.R. 65: Mr. DORNAN, Mr. HANSEN, Mr. egon, and Mrs. MEYERS of Kansas. nificant rule. FARR, and Mr. SMITH of New Jersey. H. Con. Res. 144: Mr. BARRETT of Wiscon- (D) An explanation of the specific statu- H.R. 103: Mr. BALDACCI and Mr. COMBEST. sin, Mr. BERMAN, Mr. BLUTE, Mr. FILNER, Mr. tory interpretation under which a rule is H.R. 218: Mr. LONGLEY. GEPHARDT, Mr. LANTOS, Mrs. MALONEY, Mr. proposed, including an explanation of— H.R. 303: Mr. HANSEN and Mr. SMITH of New MANTON, Mr. RANGEL, Mrs. SCHROEDER, and (i) whether the interpretation is expressly Jersey. Mr. WILSON. required by the text of the statute; or March 5, 1996 CONGRESSIONAL RECORD — HOUSE H 1717

(ii) if the interpretation is not expressly (D) Except to the extent specifically pro- (b) INTRODUCTION.—If a petition for review required by the text of the statute, an expla- vided in the preceding provisions of this sub- is filed with the Clerk of the House of Rep- nation that the interpretation is within the section, consideration of a joint resolution resentatives or the Secretary of the Senate, range of permissible interpretations of the under this section shall be governed by the the Clerk or the Secretary shall determine statute as identified by the agency, and an Rules of the House of Representatives appli- whether the petition meets the requirements explanation why the interpretation selected cable to other joint resolutions in similar of subsection (d). If the Clerk or the Sec- by the agency is the agency’s preferred inter- circumstances. retary determines that a petition meets pretation. (4)(A) A motion in the Senate to proceed to those requirements, he or she shall notify (E) Any other relevant information or re- the consideration of a joint resolution under the majority leader of that House. The ma- quirements under any other Act and any rel- this section shall be privileged and not de- jority leader so notified shall, within 3 legis- evant Executive order. batable. An amendment to the motion shall lative days, introduce a joint resolution (by (2) Upon receipt of a report under para- not be in order, nor shall it be in order to request) that makes the revision or revoca- graph (1), each House of Congress shall pro- move to reconsider the vote by which the tion of existing rules proposed by the peti- vide a copy of the report to the Chairman motion is agreed to or disagreed to. tion upon the enactment of that joint resolu- and ranking minority party member of each (B) Debate in the Senate on a joint resolu- tion. If the joint resolution is not introduced committee with jurisdiction over the subject tion under this section, and all debatable as provided in the preceding sentence, then matter of the report. motions and appeals in connection there- any Member of that House may introduce (c) NO INFERENCE TO BE DRAWN WHERE with, shall be limited to not more than 10 the joint resolution. CONGRESS FAILS TO APPROVE.—If Congress hours. The time shall be equally divided be- fails to enact a joint resolution approving a (c) PROCEDURES FOR CONSIDERATION IN THE tween, and controlled by, the majority lead- proposed significant rule, no court or agency HOUSE OF REPRESENTATIVES AND THE SEN- er and the minority leader or their des- may infer any intent of Congress from any ATE.—Any joint resolution introduced under ignees. action or inaction of Congress with regard to subsection (b) shall be considered in the (C) Debate in the Senate on any debatable such rule or related statute. House of Representatives and the Senate in motion or appeal in connection with a joint accordance with the procedures respecting a SEC. 304. CONGRESSIONAL APPROVAL PROCE- DURE FOR SIGNIFICANT RULES. resolution under this section shall be limited joint resolution set forth in section 304. to not more than 1 hour, to be equally di- (a) INTRODUCTION.—Not later than 3 legisla- (d) PETITIONS FOR REVIEW.—A petition for tive days after the date on which an agency vided between, and controlled by, the mover review under subsection (a) shall contain the submits a report under section 303(b) con- and the manager of the joint resolution, ex- following: taining the text of any proposed significant cept that in the event the manager of the (1) Any rule affected by the petition and rule, the majority leader of each House of joint resolution is in favor of any such mo- the contents of that rule as it would exist if the Congress shall introduce (by request) a tion or appeal, the time in opposition there- a joint resolution revising or revoking that joint resolution comprised solely of the text to, shall be controlled by the minority leader rule pursuant to the petition were enacted. of that significant rule. If the joint resolu- or his designee. Such leaders, or either of (2) For a petition in the Senate, the signa- tion is not introduced in either House as pro- them, may, from time under their control on tures of 30 Senators, or for a petition in the vided in the preceding sentence, than any the passage of a joint resolution, allot addi- House of Representatives, the signatures of Member of that House may introduce the tional time to any Senator during the con- 120 Members. sideration of any debatable motion or ap- joint resolution. SEC. 306. DEFINITIONS. (b) REFERRAL AND CONSIDERATION.—The peal. joint resolution shall be referred to the ap- (D) A motion in the Senate to further limit For purposes of this title: propriate committee of the House in which it debate on a joint resolution under this sec- (1) AGENCY.—The term ‘‘agency’’ has the is introduced. The committee may report the tion is not debatable. A motion to recommit meaning given that term in section 551 of joint resolution without substantive revision a joint resolution under this section is not in title 5, United States Code (relating to ad- and with or without recommendation or with order. ministrative procedure). an adverse recommendation, or the commit- (c) AMENDMENTS PROHIBITED.—No amend- (2) RULE.—(A) The term ‘‘rule’’ has the tee may vote not to report the joint resolu- ment to a joint resolution considered under meaning given such term by section 551 of tion. If the committee votes to order the this section shall be in order in either the title 5, United States Code, except that such joint resolution reported, it shall be reported House of Representatives or the Senate. No term does not include— not later than the end of the period (not to motion to suspend the application of this (i) any rule of particular applicability in- exceed 45 legislative days) established for subsection shall be in order in either House, cluding a rule that approves or prescribes— consideration of the joint resolution by the nor shall it be in order in either House for (I) future rates, wages, prices, services, or Speaker of the House of Representatives or the presiding officer to entertain a request allowances therefor, the majority leader of the Senate, as the to suspend the application of this subsection (II) corporate or financial structures, reor- case may be. Except in the case of a joint by unanimous consent. ganizations, mergers, or acquisitions thereof, resolution which a committee votes not to (d) TREATMENT IF THE OTHER HOUSE HAS or report, a committee failing to report a joint ACTED.—If, before the passage by one House (III) accounting practices or disclosures resolution within such period shall be auto- of a joint resolution of that House described bearing on any of the foregoing, or matically discharged from consideration of in subsection (a), that House receives from (ii) any rule of agency organization, per- the joint resolution, and it shall be placed on the other House a joint resolution described sonnel, procedure, practice, or any routine the appropriate calendar. in subsection (a) comprised of the same text, matter. (2) A vote on final passage of the joint res- that: olution shall be taken in that House on or (B) The term ‘‘final rule’’ means any final (1) The procedure in that House shall be rule or interim final rule. before the close of the 90th legislative day the same as if no joint resolution had been (3) SIGNIFICANT RULE.—The term ‘‘signifi- after the date of the introduction of the joint received from the other House. cant rule’’ means any rule proposed by an resolution in that House. (2) The vote on final passage shall be on agency that is specified or described as such (3)(A) A motion in the House of Represent- the joint resolution of the other House. in the Act that authorizes the rule. atives to proceed to the consideration of a (e) CONSTITUTIONAL AUTHORITY.—This sec- joint resolution under this section shall be tion is enacted by Congress— SEC. 307. EXEMPTION FOR MONETARY POLICY. highly privileged and not debatable. An (1) as an exercise of the rulemaking power Nothing in this title applies to any rule amendment to the motion shall not be in of the Senate and the House of Representa- concerning monetary policy proposed or im- order, nor shall it be in order to move to re- tives, respectively, and as such it is deemed plemented by the Board of Governors of the consider the vote by which the motion is a part of the rules of each House, respec- Federal Reserve System or the Federal Open agreed to or disagreed to. tively, but applicable only with respect to Market Committee. (B) Debate in the House of Representatives the procedure to be followed in that House in on a joint resolution under this section shall H.R. 994 the case of a joint resolution described in be limited to not more than 4 hours, which OFFERED BY: MR. TRAFICANT subsection (a), and it supersedes other rules shall be divided equally between those favor- only to the extent that it is inconsistent (Page and line number references are to ing and those opposing the joint resolution. Amendment No. 1) A motion further to limit debate shall not be with such rules; and debatable. It shall not be in order to move to (2) with full recognition of the constitu- AMENDMENT NO. 5: Page 33, line 17, strike recommit a joint resolution under this sec- tional right of either House to change the ‘‘and’’, in line 21 strike the period and insert tion or to move to reconsider the vote by rules (so far as relating to the procedure of ‘‘; and’’, and after line 21 insert the follow- which the joint resolution is agreed to or dis- that House) at any time, in the same man- ing: agreed to. ner, and to the same extent as in the case of (vii) regulations or other agency state- (C) All appeals from the decisions of the any other rule of that House. ments that impose trade sanctions against chair relating to the application of the Rules SEC. 305. EXISTING RULES. any country that engages in illegal trade ac- of the House of Representatives to the proce- (a) GENERAL.—Any existing rule may be re- tivities against the United States that are dure relating to a joint resolution under this vised or revoked in accordance with this sec- injurious to American technology, jobs, pen- section shall be decided without debate. tion if a petition for review so requests. sions, or general economic well-being. H 1718 CONGRESSIONAL RECORD — HOUSE March 5, 1996 H.R. 994 from a subsidiary of a foreign company doing ‘‘; and’’, and after line 21 insert the follow- OFFERED BY: MR. TRAFICANT business in the United States. ing: (Page and line number references are to H.R. 994 (vii) regulations or other agency state- Amendment No. 1) ments that protect the health and safety of OFFERED BY: MR. TRAFICANT AMENDMENT NO. 6: Page 33, line 17, strike the American worker. ‘‘and’’, in line 21 strike the period and insert (Page and line number references are to ‘‘; and’’, and after line 21 insert the follow- Amendment No. 1) ing: (vii) regulations or other agency state- AMENDMENT NO. 7: Page 33, line 17, strike ments that ensure the collection of taxes ‘‘and’’, in line 21 strike the period and insert E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, MARCH 5, 1996 No. 28 Senate The Senate met at 9:30 a.m., and was served with Susie’s father in the State votes beginning at 2:15 this afternoon, called to order by the President pro legislature in Texas. Our family ties the first vote being on the Cuban con- tempore [Mr. THURMOND]. have gone back a long way. ference report, followed by a vote on The PRESIDENT pro tempore. Our I want to say Dr. Hawkins is one of cloture on the D.C. conference report. Chaplain this morning is Dr. O.S. Haw- the great future religious leaders of our kins, pastor of the First Baptist country. He already has taken over f Church of Dallas, TX. He is sponsored this great Baptist church of Texas. We by Senator HUTCHISON. are very proud of him. He has been CUBAN LIBERTY AND DEMOCRATIC wonderful to my family and to me. SOLIDARITY [LIBERTAD] ACT OF PRAYER I also want to thank Dr. Ogilvie for 1996—CONFERENCE REPORT The guest Chaplain, Dr. O.S. Haw- helping us bring him in for the great kins, pastor of the First Baptist honor of opening the Senate. I think it The PRESIDING OFFICER. The Church of Dallas, TX, offered the fol- is a wonderful tradition we have to Chair lays before the House a con- lowing prayer: start every day as we do by just taking ference report on H.R. 927. The report Dear Lord, thank You for the realiza- a moment to thank God for the bless- will be stated. The assistant legislative tion that You are truly alive today. ings that we have in this country. I clerk read as follows: Bring us to a conscious awareness that, think Dr. Hawkins did it very well The committee on conference on the dis- as Your Word states, ‘‘The Most High today. I commend him. I am proud to agreeing votes of the two Houses on the still rules over the affairs of men,’’ be one of his constituents. amendment of the Senate to the bill (H.R. that ‘‘Your eyes run to and fro over Thank you, Mr. President. I yield the 927) to seek international sanctions against this whole world to show Yourself floor. the Castro government in Cuba, to plan for strong in behalf of those whose hearts The PRESIDING OFFICER (Mr. support of a transition government leading are fixed on You.’’ COVERDELL). The Chair recognizes the to a democratically elected government in Lord, impart a spirit of faith, hope, Senator from Mississippi. Cuba, and for other purposes, having met, after full and free conference, have agreed to and love to this body of men and f recommend and do recommend to their re- women in these strategic places of SCHEDULE spective Houses this report, signed by a ma- leadership. A spirit of faith because jority of the conferees. You said ‘‘without faith it is impos- Mr. LOTT. Mr. President, today the sible to please You.’’ A spirit of hope Senate will immediately begin consid- The Senate proceeded to consider the because You are the personification of eration of the conference report accom- conference report. our hope, our blessed hope. And, a spir- panying H.R. 927, the Cuban sanctions (The conference report is printed in it of love because You said that is the bill. Under the current consent agree- the House proceedings of the RECORD of single distinguishing characteristic by ment reached last week, there will be March 1, 1996.) 1 which we would be known. We ask 2 ⁄2 hours of debate on the conference Mr. LOTT. I believe the managers of these things in Jesus’ name. Amen. report divided equally between Sen- the legislation will be ready to go in a The PRESIDENT pro tempore, Sen- ators COVERDELL and DODD. few minutes. Until they arrive, I sug- ator HUTCHISON of Texas. Following debate on the conference gest the absence of a quorum. f report, the conference report will be set aside with a vote to occur on the The PRESIDING OFFICER. The ACCOLADES TO GUEST CHAPLAIN, adoption of that conference report at clerk will call the roll. The assistant DR. O.S. HAWKINS 2:15 today. At the hour of 12 noon today legislative clerk proceeded to call the Mrs. HUTCHISON. I want to say how the Senate will begin 30 minutes of de- roll. pleased I am to have been able to invite bate on the motion to invoke cloture Mr. COVERDELL. Mr. President, I Dr. O.S. Hawkins of the First Baptist on the District of Columbia conference ask unanimous consent that the order Church of Dallas, one of the largest report, with the vote to invoke cloture for the quorum call be rescinded. Baptist churches in the whole world, to immediately following the 2:15 vote on The PRESIDING OFFICER (Mr. be with us today. He is a very special the Cuban sanctions legislation. LOTT). Without objection, it is so or- person in my life, along with his wife, The Senate will recess from the dered. Susie, whose father I served with in the hours of 12:30 to 2:15 today for the Texas Legislature. Susie Hawkins was weekly party conferences to meet. Sen- PRIVILEGE OF THE FLOOR just a girl when her father and I served ators should therefore be reminded Mr. COVERDELL. Mr. President, I in the legislature. My husband also there will be two consecutive rollcall ask unanimous consent that floor

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

S1479

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VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1480 CONGRESSIONAL RECORD — SENATE March 5, 1996 privileges be granted to the following regretting profoundly the numerous thority to delay the effective date on a staff members from the House Com- violations of human rights and funda- 6-month basis if he determines that mittee on International Relations, Mr. mental freedoms in Cuba. such an act of delay is ‘‘necessary to Roger Noriega and Mr. Stephen Beginning on February 15, 1996, the the national interest of the United Rademaker, during the pendency of the Cuban Government began a crackdown States and will expedite the transition conference report on H.R. 927 and for on members of the Concilio Cubano, an to a democratic government in Cuba.’’ the rollcall votes thereon. umbrella group of more than 100 dis- Title IV: Exclusion of certain aliens. The PRESIDING OFFICER. Without sident organizations that had applied It denies visas to aliens who confiscate, objection, it is so ordered. for permission to hold a national meet- convert or traffic or benefit from prop- Mr. COVERDELL. Mr. President, we ing on February 24, 1996. erty confiscated from United States are beginning deliberation on the And then, Mr. President, on February nationals by the Cuban Government. Cuban Liberty and Democratic Soli- 24, Cuban MiG–29 fighter jets shot down Mr. President, opponents of this leg- darity Act, H.R. 927. There has been two United States private airplanes, islation will contend that it will dis- much said about this piece of legisla- Cessna 336’s, in the Florida straits, rupt trade with our European and other tion. It has been controversial from the flown by members of the Cuban-Amer- allies and claim that the bill violates beginning. ican group, Brothers to the Rescue. our international trade agreements. I believe it is important that we put Mr. President, I might add that both Although a number of our allies have this legislation in context. This legis- aircraft were destroyed, unarmed, in expressed displeasure with this meas- lation, Mr. President, is directed at a international waters, 4 and 6 miles be- ure, the right-of-action provision will dictator and regime that has engaged yond Cuban airspace. provide a measure of protection for all in the violation of human rights of This incident has caused considerable international investors by making it their own people and others, murder, outrage and has caused the administra- clear that trafficking in stolen prop- terrorism, exportation of revolution, tion to alter its policy of befriending erty will not be tolerated. and has been an open adversary of the the Castro government; and they have We will be asked, ‘‘Why limit the United States of America and her peo- now come together with the authors of property rights debate encompassed in ple. this resolution, Senator HELMS of this bill to Cuban-Americans? Why not To put it in context, there have been North Carolina and Representative expand it to Americans from Poland or decades of pursuit of the objectives I BURTON of Indiana, in an agreement to China or Vietnam or other nations of just referred to. In 1959, Cuba aided finally pass the Libertad Act and direct Eastern Europe?’’ armed expeditions against Panama, the our hostility toward the Cuban Govern- In fact, the United States has Dominican Republic, and Haiti. During ment. reached settlements of confiscated the 1960’s, Cuba backed attempts to de- But the point is that this is not an American property claims with Alba- velop guerrilla insurgencies in Guate- isolated incident. This is but one of nia, Vietnam, the People’s Republic of mala, Colombia, Venezuela, Peru, and hundreds of incidents and infractions China and most of the States of Cen- Bolivia. In the 1970’s and the 1980’s, of common and civil and appropriate tral and Eastern Europe, including the Cuba had 50,000 troops in Angola; in behavior on the part of the Cuban Gov- former German Democratic Republic Ethiopia, 24,000; and in Nicaragua 1,500. ernment, which it continues to fail to —East Germany—Bulgaria, Yugo- By the end of 1960, the Cuban Govern- practice. slavia, Poland, Hungary, Romania, and ment, under Fidel Castro, had expropri- Let us look at a summary of the Czechoslovakia. ated all—all—private United States Libertad Act. Title I: Strengthening Castro, conversely, has shown no se- property in Cuba. international sanctions against the rious interest in the settling of prop- We all remember—or should remem- Castro government. erty claims—neither of American citi- ber—the confrontation between the It urges the President to seek in the zens at the time of the seizures in the United States and Cuba and the Soviet U.N. Security Council an international early 1960’s, nor for the thousands of Union as they attempted to put hostile embargo against the Castro dictator- Cuban citizens who had property stolen missiles on Cuban soil, directed at the ship. by the regime since then. The only United States. In July 1964 the Organi- It authorizes the President to furnish remedy the Libertad bill allows is for zation of American States voted to sus- assistance to support the democratic American citizens who meet the juris- pend diplomatic and trade relations opposition and human rights groups in dictional requirements to have their with Cuba because of Cuban support for Cuba. day in court to deter the continuing subversive activities in Venezuela. It instructs the United States execu- wrong of Castro’s exploitation of prop- In the 1980’s, from April through Sep- tive directors to international finan- erty. tember of 1980, 125,000 Cubans fled Cuba cial institutions to oppose Cuban mem- Opponents will say that the bill will in the so-called Mariel boatlift. In Feb- bership until the President determines result in an explosion of claims in the ruary 1982 the Secretary of State added that a democratically elected govern- United States court system; but the Cuba to the list of countries supporting ment is in power in Cuba. primary intent of the right of action is international terrorists for its com- It codifies—this is very important—it as a deterrent to would-be investors in plicity with the M–19 movement in Co- codifies the existing embargo on Cuba, Cuba. Few actions are expected to be lombia. making it law unless a transition gov- brought under this conference report On April 29, 1994, Cuban border ernment is in place. because both parties must be suffi- guards rammed and sank a private ves- Title II: Assistance to a free and ciently present in the United States to sel, the Olympia, which had fled Cuba independent Cuba, instructs the Presi- sustain jurisdiction in our courts. The and was 25 nautical miles off its shores; dent to develop a plan for providing Congressional Budget Office, in its es- 3 of the 21 Cubans aboard drowned, in- support to the Cuban people during the timate of the House bill, stated that cluding two 6-year-old children. transition to a democratically elected they expect that only a few cases On July 13, 1994, approximately 40 Cu- government; and it authorizes the would actually go to trial. bans, many of whom were children, President to suspend the embargo, once Further, in the process of arriving at drowned when the tugboat Trece de a transition government is in place, this conference agreement, there is a Marzo, stolen by a group of Cubans at- and to terminate the embargo once a cap. The cases must involve property tempting to flee Cuba, sank after being democratic government is in power in valued at $50,000 or more. We have con- rammed by Cuban border guard vessels Cuba. cluded that there are only about 700 and flooded with fire hoses into the Title III: Protection of property claims, principally commercial inter- hold, sweeping the innocent citizens off rights of United States nationals. It es- ests, that would therefore come under the deck. tablishes, as of August 1, 1996, a private the act. On December 22, 1995, the U.N. Gen- right of action by which U.S. citizens Mr. President, the Libertad con- eral Assembly approved a resolution, can protect their interest in property ference report, as I said, provides a way again calling on Cuba to cooperate confiscated—stolen—by the Castro gov- for American citizens whose property fully with the U.N. Special Rapporteur, ernment. The President has the au- was stolen by Fidel Castro to protect

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1481 their claim or receive compensation it is benchmark legislation. I believe it President Clinton for 3 years has cod- from those who knowingly and inten- is legislation that can initiate positive dled Fidel Castro. He announced a pol- tionally exploit that property and are new developments; that the scope and icy last year that enforced the impris- in the United States under the jurisdic- the breadth of it, as it moves the issue onment of the Cuban people—that ac- tion of U.S. courts. of property rights forward, will not tually used the United States Navy to Castro is running a fire sale in stolen only serve the citizens of the United enforce the imprisonment of the Cuban properties. Since his loss of $5 to $6 bil- States but the international commu- people. The United States Navy was lion in annual Soviet subsidies, Castro nity in general as we globally deal with given the assignment by the President is looking to capitalize on the sale of the issue of property rights and the of the United States to pick up people stolen property. He has gotten into the victims of property thefts. This is a who risk their lives to flee Communist business of joint ventures with stolen singular case that demands our atten- oppression from Cuba, put them in property. tion as it relates to Fidel Castro, his American naval vessels, and then turn Imagine if you were in an airport in dictatorship, and the brutality of his those people back over to Fidel Castro. Canada or Europe and picked up a bro- regime. The President set out a policy that chure actually advertising these prop- Mr. President, I yield the floor to my opened the door for nongovernment or- erties to the highest bidder? The Cas- distinguished colleague from Texas for ganizations to establish a presence in tro regime offers the sale of the a period of up to 5 minutes. Cuba and in the process started what Hermanos Diaz Refinery in Santiago, Mr. GRAMM. Can we make that 10? Fidel Castro believed, and the world be- Cuba. Its rightful owner, however, Mr. Mr. COVERDELL. Can we use 5 min- lieved, was a movement toward nor- President, is Texaco. utes and come back? malization. Voices were raised in Con- ‘‘Item 119’’ for sale is the Manuel M. Mr. GRAMM. All right. gress in opposition to the President’s Prieto sugar mill; its rightful owner is Mr. GRAMM addressed the Chair. policy. Both the distinguished Senator a naturalized U.S. citizen whom Castro The PRESIDING OFFICER. The Sen- from Georgia and I spoke out against has never been forced to compensate ator from Texas. it, as did many others. for the claim. Mr. GRAMM. Mr. President, 50 years We now see the fruit of that policy, This is why title III is needed. It puts ago today Winston Churchill came to and the fruit of that policy is that would-be investors—those who would America to a tiny college in the middle Fidel Castro brutally murdered four be accomplices to a dictator and his of the Midwest—to Westminster Col- Americans. We have the tapes of the property theft—on notice that, if they lege—and gave a speech that awakened communications from the MiG’s as enrich themselves with stolen prop- America and the world to a crisis. We they talked to their home base, identi- erty, they will be held liable to the le- all know that speech. We all remember fying civilian planes with no arma- gitimate U.S. owners. it from our childhood, or reading about ment. We have the tapes of those con- For some reason, the opponents of it in history books. He talked about versations when they then boasted how the pending bill have expressed outrage the descending of an iron curtain they were going to destroy these that American citizens would be given across the face of Europe. And, while planes. On an order from their home a means of defending their property in the cold war was already underway, base, they fired the missiles that killed the United States. This bill violates no that speech probably more than any- four American citizens. treaty or international convention. It thing else awakened America and the We are now considering a bill to does not violate customary inter- world to the Soviet threat. change our relationship with Castro’s national law, which recognizes that a We started to respond with the policy Cuba and bring it back to what it has nation’s domestic courts may reach ac- of containment. We responded by build- always been; that is, a policy of strong tions abroad when those actions di- ing up NATO and SEATO. We re- opposition. The PRESIDING OFFICER. The Sen- rectly affect that nation. There is no sponded by fighting in Korea and Viet- nam. We responded with the Marshall ator’s 5 minutes has expired. doubt that Castro’s illegal Mr. COVERDELL. Mr. President, I plan and the Truman plan to expand confiscations and the exploitation of yield an additional 5 minutes to the trade and work toward free trade. Our those properties has a direct effect on Senator from Texas. American citizens. policies won the cold war, tore down The PRESIDING OFFICER. The Sen- Mr. President, there is an old cliche the Berlin Wall, liberated Eastern Eu- ator from Texas. that the truth is often stranger than rope, and transformed the Soviet Mr. GRAMM. Mr. President, our posi- fiction. I think that is the case here. Union. We won one of the greatest vic- tion expressed with this bill goes back The United States has more effective tories in the history of mankind. to what our position has been with re- mechanisms to protect fish and marine But there still is important unfin- gard to Fidel Castro since the early life than it has to protect Americans ished business from the cold war. Com- days of that brutal regime. Our posi- who have property stolen. We have munist China is in transition, and so is tion is founded on the recognition that statutes on the books to protect dol- Vietnam. But there are two Com- Fidel Castro is a brutal dictator and phins from tuna fishermen even when munist regimes on this planet that are murderer and that his regime in Cuba those provisions violate trade agree- totally unchanged, that still believe in must end. ments. Other nations are required by Marxism and Leninism, that still are Our position under Democrat and Re- U.S. law to protect sea turtles in order committed to everything that we op- publican administrations has always to continue having access to U.S. mar- pose in the world. One of those regimes been—until the Clinton administra- kets. Yet opponents of the Libertad bill is the military dictatorship in North tion—a commitment to the isolation of object to protecting the legitimate in- Korea. The other is Fidel Castro’s Castro’s Cuba, and a commitment to terests of U.S. citizens. Cuba. seeing the overthrow of Fidel Castro Mr. President, property rights are For 3 years, Bill Clinton has coddled and his accomplices. the core of investments and commerce both of those regimes. We have a policy Today with this bill, we restore that historically and forever. in place today to give, through an policy and we hit Fidel Castro where it I was recently in Nicaragua and had international consortium, $4 billion to hurts the most. We hit him in the discussions with the Chamarro govern- North Korea to build for them two nu- pocketbook. We allow Americans to ment, which was struggling to deal clear powerplants even though there is sue those who buy their property sto- with property rights following the fall no evidence whatsoever that either of len by Castro, to sue those who are of the Sandinistas. Until they got that the existing nuclear powerplants in trafficking in stolen goods. With this straight, there would be no investment. North Korea was ever used to generate bill we allow Americans to sue inter- There will never be a rebuilt Cuba a watt of electricity or ever had any national interests in American courts without property adjudication—never. purpose other than building nuclear to recover damages. The effective re- Mr. President, this legislation moves weapons. We are today supplying oil sult of that will be that private inves- to the center of the debate the issue of through that consortium to North tors will think two and three times be- property rights and international Korea and propping up a Communist fore they bring their investment treatment of property rights. I believe regime. money to Castro’s Cuba.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1482 CONGRESSIONAL RECORD — SENATE March 5, 1996 Let me also say, Mr. President, that Mr. DOMENICI. Mr. President, I rise No compensation has been made in there is more that we can do. I think to support the conference report of any U.S. claim in 37 years. Instead Cas- the President ought to act unilaterally H.R. 927, the Cuban Liberty and Demo- tro has energetically promoted the ex- to deny Americans the ability to send cratic Solidarity Act. I commend Sen- ploitation of this stolen property by money to Castro’s Cuba. ator HELMS and Congressman BURTON third-country joint ventures and for- While it is true that allowing people for their foresight and fortitude in eign investment in order to sustain its to send money to their relatives pro- tackling the Castro regime. faltering economy. These joint ven- vides some temporary assistance to On Saturday, February 24, two Cuban tures have abounded, but to the benefit them, some relief to them, those funds, MiG fighter jets shot down two civil- of Castro, not to the Cuban people that hard currency also props up Cas- ian, unarmed Cessna aircraft off the whose labor is exploited. The Cuban tro’s Cuba, allowing Castro to continue coast of Cuba. The Cuban pilots gave Government has used the exploitation his imprisonment of the people. It pro- the Cessnas no warning. These planes of working people and the absence of longs their misery, and in my opinion were operated by Brothers to the Res- individual human rights as a lure to at- that should be ended. cue, a group based in Miami whose mis- tract investors. I believe that we should demand that sion is to look for Cuban refugees float- Mr. President, I rise in support of Cuba turn over the two pilots who fired ing toward the United States. H.R. 927 because it would stop such the missiles, turn over the air traffic The Havana government has failed to deals and stop the resources Castro controller who gave the order to fire, provide proof that the Cessnas were in needs to restrain his ruthless and re- and turn over anyone in the chain of Cuban airspace, but never mind that. pressive regime. command who was engaged in giving No country has the right to shoot down Might I say to my friend from Texas, the orders or carrying those orders civilian planes. Cuba even adopted the Senator GRAMM, I listened to part of that killed four Americans. As we did 1983 international rules stating that his remarks, and I commend him for in Iraq, as we have done in Bosnia, I there is never a justification for such them. I think the Senator would share think we need to declare a no-fly zone actions. with me a concern about the very over Cuba for military aircraft until These planes posed no threat to strange situation that in the United those people are turned over, and I Cuba’s security. They were unarmed on States we are bragging about. The think we ought to enforce that no-fly a nonviolent humanitarian mission, world is moving toward democracy and zone. and the Cuban Government knew it. To free enterprise and private property I believe we need to recommit our- respond with deadly force is a shame- rights—we kind of call it Pax Ameri- selves to the principle that Fidel Cas- lessly cruel act. This is cold-blooded cana. Everybody is moving in that di- tro and his regime will not survive the murder and shows Fidel Castro’s total rection, and everybody is saying we are end of the 20th century. What a terrible disregard for human life as an alleged going to have a better life for billions tragedy it would be if this tidal wave of attempt to enforce Cuban sovereignty. of people than we ever thought we freedom which has covered the planet My deepest sympathy goes out to the would have had 10 years ago when the is allowed to subside before it drowns families and friends of the four pilots potential for Communist dictatorships Fidel Castro. I think we have in these killed. was very prevalent throughout the brutal murders a new example to re- Mr. President, some politicians and world. Is it not strange that right off mind us again of who Fidel Castro is businessmen were encouraged over this our coastline sits a Communist dic- and what he stands for, and I believe past year, encouraged that Castro and tator who is still in power, still in of- we should dedicate ourselves to the Cuba were reforming and open to a fice while his people suffer, while his principle that the 20th century will not warmer United States relationship. economy deteriorates, while people end and find the Castro dictatorship in- But we should not have been surprised have no chance there of freedom and tact in Cuba. by Cuba’s latest crime against the individual opportunity and individual This bill is a step forward. I urge the United States. Castro is a ruthless dic- rights? President to take other actions, such I am sorry that it takes this kind of tator and we must stop under- as to cut off cash transfers to Cuba by incident for the U.S. Government to American citizens, to demand that the estimating him. No matter how open the Cuban econ- become serious about doing everything pilots and the air traffic controllers omy becomes, Castro never will in its power to erase that dictatorship who were responsible for the death of change. A dictator who enforces doc- from the face of the Earth. four Americans be turned over, along This bill will push in that direction, trines through the secret police, firing with anyone in the chain of command but obviously this country also re- squads, taking political prisoners, con- who gave or carried out those orders. I quires sustained leadership at the top think we ought to enforce that with a fiscating property, and limiting the levels of our Government. Leadership no-fly zone. basic rights of Cuban citizens. Only a that will not bend its ideas to any con- I congratulate our colleagues from brutal and vicious dictator could jus- cept that Castro is going to reform, Georgia and North Carolina for their tify the murder of these four unarmed and that things are going to work out leadership on this bill. This is long pilots all to counter the threat the in some normal way. We have to lend overdue. We should have made this bill Brothers to the Rescue makes on his ourselves in legitimate ways to getting the law of the land last year. I remind cruel, authoritarian government. rid of this dictator and letting those my colleagues and the American people Our best chance to oust Fidel Castro people be free. that up until the last few days Presi- from power is now. The Cuban economy Can you imagine what is going to dent Clinton fought this bill and is in a crisis and Castro’s totalitarian happen to that country when they are threatened to veto this bill. He thought leadership has been threatened. H.R. free and when enterprise is alive again? his policy of coddling Fidel Castro was 927 is our chance to exert more pres- Just go to Florida and see what those working. He thought a movement to- sure on Mr. Castro, on the Cuban econ- people who have escaped this yoke are ward normalization of relations with omy, and on those aiding the Cuban doing. Cubans will do the same in their Castro’s Cuba could be successful. We economy by trafficking in confiscated country once they are free, but for now now know what the fruits of that pol- United States property. they cannot. icy were: death for four Americans. I Within 2 weeks of taking power in Today, Cubans are prisoners in their say enough is enough. Let us restore 1959, Castro issued his constitutional own country. freedom and democracy to Cuba. Let us amendment authorizing the confisca- Again, I compliment the committee do it in this century. Starting with this tion of property. In the following 2 for what they have done in this bill and bill let us get serious. years, Castro demolished private prop- urge that the President sign it. I think I thank our colleague for yielding to erty rights by expropriating all busi- that is what the Senator is saying, and me. nesses in Cuba owned by United States perhaps that is not even enough, but Mr. COVERDELL. Mr. President, I citizens, nationalizing industries let us get started today. yield the Senator from New Mexico 3 owned by United States companies, and Mr. President, I yield the floor. minutes to speak in support of the con- confiscating personal property of Cu- Mr. COVERDELL. Mr. President, I ference report. bans who left the country. yield 5 minutes to the Senator from

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1483 Florida to speak in support of the con- refugees and now through the brutal stop foreign investment in Cuba for the ference report. and calculated shooting down of civil- life of the Castro regime. I promise (Mr. FRIST assumed the chair.) ian humanitarian planes have come you, without that foreign investment, Mr. MACK. I thank the Senator from during Democratic administrations Castro’s regime of repression cannot Georgia for yielding me this time. when Cuban policy has been weakened. stand. It will be all that much sooner I rise today in support of the Cuban It was incumbent upon President Clin- when the Cuban people can create a Liberty and Democratic Solidarity ton to stop delaying the Cuban Liberty new society of freedom, justice, democ- Act, H.R. 927. I am proud that I was an and Democratic Solidarity Act. Any- racy and the protection of basic human original cosponsor of this bill and to thing less would have been a travesty rights. have worked in support of its passage. and dishonored the lives of the Broth- I yield the floor. I commend my colleagues, particu- ers to the Rescue who lost their lives. Mr. BINGAMAN addressed the Chair. larly Senator HELMS and Congressmen With the President’s agreement and The PRESIDING OFFICER. The Sen- BURTON, DIAZ-BALART, and MENENDEZ, with his call to congressional Demo- ator from New Mexico. and Congresswoman ROS-LEHTINEN for crats to support the legislation, Amer- Mr. BINGAMAN. Mr. President, I their efforts. ica’s long history of bipartisan opposi- wish to add my voice to those who have expressed their outrage about the This bill reflects the heartfelt desire tion to tyranny in Cuba has been re- Cuban Government’s reckless and cal- of many Americans to see the end of stored. the tyranny and decades-long repres- The bill that passed the House-Sen- loused shooting down of two small, un- sion Castro has inflicted on his people. ate conference is even stronger than armed civilian aircraft flown by the exile humanitarian group, Brothers to Make no mistake: The killing of the the bill that first passed the House. It the Rescue. These shootings, which four Brothers to the Rescue was not contains the extremely important pro- took place on the 24th of February, are out of character for Fidel Castro. The visions of title III which deny Castro deplorable, and I endorse the Presi- Cuban Government’s heinous conduct the ability to profit from illegally con- dent’s efforts to console and aid the reminded the world of Fidel Castro’s fiscated properties of Americans. families of those who died in this trag- true colors. It also contains title IV’s powerful I might just say to those who take edy. provisions denying U.S. visas to indi- But as heinous as this shooting was, the opportunity to read about Fidel viduals who traffic in confiscated prop- Castro’s history, you will find that it does not justify the passage of erty. wrongheaded legislation. Everything those words I just mentioned about not Although the bill gives waiver au- that was wrong with the Helms-Burton being out of character are quite accu- thority to the President, President legislation before the incident remains rate. The Cuban Government’s heinous Clinton will be hard pressed to find wrong today. conduct, as I said a moment ago, re- conditions that merit waiving the title I am reminded of the words of former minded the world of his true colors. III provisions. Chief Justice Oliver Wendell Holmes The brutal murder of unarmed Broth- It took tremendous pressure from the who, in a dissenting decision, stated as ers to the Rescue occurred on a week- Congress to make the President accept follows: end when a prodemocracy and human title III. He will face the same pressure Great cases like hard cases make bad law. rights group was to conduct an organi- again should he attempt to delay the For great cases are called great, not by rea- zational meeting before Castro stopped effect of title III’s right to sue. son of their real importance in shaping the it. Scores of Cubans affiliated with the The bill also provides that all provi- law of the future, but because of some acci- group have been arrested, detained and sions of the United States embargo dent of immediate overwhelming interest harassed. In 1994, a tugboat with free- against Cuba will be codified in law, which appeals to the feelings and distorts dom-seeking Cubans was rammed by ensuring that the embargo will be pre- the judgment. These immediate interests ex- Cuban Government ships until it sank. served until a democratic transition is ercise a kind of hydraulic pressure which makes what previously was clear seem Year after year, Cuba has had one of underway in Cuba. doubtful, and before which even well settled the world’s worst human rights All existing Cuban embargo Execu- principles of law will bend. records. tive orders and regulations will now be Mr. President, the shooting of these It is time for tough talk to give way signed into law. This is a major victory planes have created, in Justice Holmes’ to tough actions. Guided by the prin- for the opponents of the Castro regime. words ‘‘overwhelming interest which ciple that freedom is the core of all No longer can President Clinton react appeals to the feelings and distorts the human progress, the bill contains pro- unilaterally to a supposed reform in judgment.’’ We in the Senate are feel- visions designed to isolate Fidel Cas- Cuba and lift a sanction here or there. ing that ‘‘hydraulic pressure’’ to which tro, squeeze him from power and usher No longer can administration wavering Justice Holmes referred. Senator in an era of democracy and freedom. on the embargo threaten the historic HELMS and others who have stated that In the best spirit of the American policy of isolating the repressive Cuban the message of this bill is ‘‘Farewell, people, this legislation holds out the regime. Fidel,’’ are ignoring the utter failure of prospect of United States aid to transi- When President Clinton announced 35 years of our embargo against Cuba. tion and democratic governments in measures in reaction to the shooting Rather, the Helms-Burton legislation Cuba. down of American citizens, he said is now being adopted and embraced by America will be there as soon as we they were a first step, and they had both parties and, unfortunately, by the can but not a moment before the long better be. While Ambassador Albright’s President in a bid to curry favor with nightmare of the Castro regime is performance at the United Nations was the Cuban-American community. As I ended. So long as Fidel Castro is in commendable, the administration must have argued before on this floor, the power, United States hard currency, fi- do more to convince our allies to im- passage of this bill will harm rather nancing and other kinds of support will pose an international embargo against than help American interests in Cuba. not go to the Cuban regime. We know Cuba and treat Fidel Castro as an out- It will restrict this President and any that Castro uses the hard currency he cast. His record deserves nothing less. future President’s hand in conducting gets from foreign investment to sup- The fight must be taken up in every foreign policy with an important port the instruments of power and re- capital around the world. I believe our neighboring nation and in responding pression, and that must stop. allies would respond to a sincere and to events quickly when the need arises. President Clinton last week finally concerted effort to win our cooperation And it will codify in law an Executive agreed so support the Cuban Liberty in the embargo. Our Government must order imposing an economic embargo and Democratic Solidarity Act. His make the case that foreign investment on Cuba that has clearly failed. support for the bill is welcome, if over- perpetuates a dictatorship bent on bru- Our Nation’s foreign policy is rife due. I am sorry it took the tragic mur- tality and repression, and it must stop. with anachronisms, and I cannot sup- der of four pilots to focus the adminis- I thank the President’s support of port helping to reinforce and entrench tration’s mind on this bill. the Libertad bill. Now he must take in our foreign policy such an outmoded Castro’s efforts to intimidate the our Cuba policy to another level—to and regressive policy as is reflected in United States through onslaughts of make it a priority with our allies to this bill.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1484 CONGRESSIONAL RECORD — SENATE March 5, 1996 In October of last year, the President which it needs to move on. America is until American citizens lives were lost. announced a plan that received much the only industrial power in the world Now we are going to give this adminis- bipartisan praise. The President prom- maintaining an economic embargo tration and this country some teeth to ised to more vigorously enforce laws against Cuba. It is time we consider a come forward and say to Cuba, ‘‘No against unlicensed travel to Cuba, but new course. The shooting down of two longer will we tolerate your form of to broaden support for cultural, intel- civilian aircraft was a great tragedy government and to support the Cuban lectual and educational exchange in a that we all should mourn, but as Chief people and especially Cuban Americans way that the people of Cuba could en- Justice Holmes warned, we need to who have lost their property in that counter more frequently and broadly stand strong against the ‘‘hydraulic nation.’’ the fruits of democracy at work in the pressure’’ of momentary events that So I want to commend again this bill, United States. evidently will cause this Congress to and I want to commend the authors of The President stated that he would enact this very misguided law. this bill. I was one of the original co- license non-Government organizations Mr. President, I yield the floor. authors of this bill. I strongly support to operate in Cuba, to provide informa- Mr. COVERDELL. Mr. President, I its initiatives, and I congratulate the tion and to provide emergency relief yield 3 minutes to the Senator from Senator from North Carolina and the when needed, to provide the necessary New Hampshire. Senator from Georgia for bringing it infrastructure to help guide Cuba and The PRESIDING OFFICER. The Sen- forward today. I hope we will pass it its people toward democracy in the fu- ator from New Hampshire. overwhelmingly, send it to the White ture. Mr. GREGG. Mr. President, I wish to House, and we will finally see a defini- The President also noted that Cuban- congratulate the Senator from Georgia tive course from the White House by Americans with relatives still in Cuba and also the Senator from North Caro- their signing this piece of legislation. would be permitted to visit Cuba to lina for bringing forward the Libertad I yield back the remainder of my tend to family crises and that these Act, which is a very appropriate act in time. one-time-per-year licenses to visit light of what has happened recently in Mr. PELL addressed the Chair. would not be stymied by the delays and Cuba, but it is more appropriate in The PRESIDING OFFICER. The Sen- management problems that frustrate light of what has happened in the last ator from Rhode Island. American citizens attempting to get to 37 years. Mr. PELL. Mr. President, I believe Cuba when a family emergency hits. This is not an event of momentary we all want to promote a peaceful tran- These steps were important ones and instance, as was just referred to by the sition to democracy and economic lib- they did not strengthen Castro’s hand. Senator from New Mexico, in my opin- eralization in Cuba. Where we clearly What these provisions did was to help ion. This is a problem that has existed differ is on how we get there. bond the people of Cuba to the people and confronted this country for 37 Despite the recent tragic loss of life of the United States. For 35 years, we years, and we have failed to take the in the shootdown of two unarmed civil- have tried to bring Fidel Castro down aggressive action we should have to re- ian aircraft by the Cuban Air Force, I with heavy-handed tactics. One would lieve the Cuban people of the dictator- continue to believe that the Cuba legis- think that during such a long period of ship which has oppressed them in the lation before us takes us further away time, we might have figured out that last 37 years. from achieving the goal of democracy our policy had completely failed. We The least we can do as a nation is not and economic reform on the island of need a new direction, and it must in- aid and abet the activities of Fidel Cas- Cuba. volve building bridges with the Cuban tro and his actions, which have been to If anything, the conference agree- people. oppress his people, by giving him eco- ment takes us even further down that The Helms-Burton legislation will nomic assistance and by giving him wrong road than either the House- or only injure and alienate ordinary Cu- psychological support. This bill makes Senate-passed versions of the bill did. bans, weaken Cuba’s civil society, and it very clear that no longer shall we It is naive, in my view, to think that retard Cuba’s democratization. And the give Cuba economic assistance in any this bill or any sanctions legislation we unprecedented effort to impose United way, indirectly or directly. We will no might pass will succeed in forcing Cas- States policies on other countries will longer allow our citizens, American tro to step aside when all similar ac- make it more difficult for the United citizens, to have their property expro- tions in the past over many, many States Government to cooperate with priated and mismanaged by this illegal years have failed. its allies in fashioning a joint approach and criminal government which now All we are likely to ensure is that the towards Cuba. The problems with the bill before us governs Cuba, but rather we will say living conditions of the Cuban people are summed up well in an article this clearly to the world that you have to are made even worse, making a mass week by Walter Russell Mead in the choose between a democracy of Amer- exodus from for Miami the only attrac- New Yorker. Let me just quote a cou- ica and American citizens whose rights tive option. Taken to its most extreme, ple of sentences from that article. He are being abused, and in the instances this bill could even provoke serious vi- says: of 2 weeks ago actually being killed, at olence on the island. In some ways, this legislation is even Now President Clinton has agreed to sign the hands of this dictatorship, or you the so-called Helms-Burton bill—a piece of can choose the Government of Cuba op- more problematic than earlier efforts legislation that will cement the embargo erated by a dictator. to tighten the screws on Castro. I say into law and deprive the President of the op- That is what this bill essentially this because its implications go well tion of modulating it for diplomatic pur- says. It says to the world it is time to beyond United States and Cuban rela- poses. It will also permit lawsuits in Amer- choose up in this confrontation. Unfor- tions. It now allows that our foreign al- ican courts against Canadian, Mexican, Eu- tunately, this administration has had a lies and friends can be sued in Amer- ropean and other foreign companies whose schizophrenic, almost bumper-car ap- ican courts for undertaking activities Cuban investments involve the use of expro- priated property—a category broad enough proach to its foreign policy, but also on totally lawful in their own countries. to include virtually every activity in Cuba. its policy to Cuba, it almost looks as if It mandates that the Secretary of Moreover, the officers of these companies with Cuba they are looking through State deny entry into the United will be ineligible for American visas... the eyes of the radical chic, the 1960’s States those foreign businessmen and . . . Fidel Castro has survived the enmity view of the world, which still views women and their families. Clearly, of nine American Presidents. In concert with Castro as some sort of character of these measures can only alienate our his enemies in South Florida, he retains a hypnotic ability to induce stupidity in sympathy or character of international allies and undermine American global Yankee policymakers. That seems unlikely quality, whereas, in fact, he has proven foreign policy objectives. to change until the United States Govern- himself over 37 years to be nothing Thirty-five years of policies of ment gets around to taking control of its more than a petty 2-cent dictator who United States isolation have failed to Cuba policy away from a small, self-inter- has oppressed his people for his own change Castro, or convince our allies of ested lobby group. personal gain. the wisdom of our policy. Is it not time Mr. President, this bill is an anachro- Yet, this administration is not will- to try something else? I think of the nism that ties America to a past from ing to face up to that, or has not been success we had in Eastern Europe, when

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1485 freedom, free thinking and democracy against Castro since he came to power in support at home and weakening, not came over those countries as they 1959, and if they had succeeded, we wouldn’t strengthening, the embargo’s prohibi- opened. Is it not time to try a similar be dealing with him today. The Cuban dic- tion on trade with Cuba.’’ approach in Cuba, particularly when tator has outlasted eight American presi- This is a Cuban-American exile. This dents, and the odds are good that Bill Clin- whole thing just does not make sense. we think that it has now been 35 years ton will also leave office long before Castro that we have been trying this approach does. By any conceivable standard, our ef- The only thing that makes sense is and we have had absolutely no success? forts to bring down his regime or force him yielding to the national passion and We are just about where we were—a into democratic reforms have been a monu- yielding to electoral politics. It is not little worse off with our relationship— mental failure.’’ good foreign policy. I will vote against 35 years ago. No question about it. If in the old it. I continue to hold the view that con- days of the Soviet Union, the Soviets Mr. DODD. Mr. President, I yield my- tact and dialog between Havana and and Castro had gotten together and self such time as I may consume. Let Washington is more likely to bring said, ‘‘How can we design American me thank my colleagues, Senator PELL about democracy on the island of Cuba, policy so Fidel Castro can stay in of Rhode Island, Senator BINGAMAN of not isolation and impoverishment. Per- power,’’ they could not have designed a New Mexico, and my colleague from Il- haps if we took that approach, our al- better policy than the United States linois, Senator SIMON, for their state- ments here this morning. lies would be more likely to support followed. It is absolutely self-defeating. Mr. President, I rise to express my our policy with respect to Cuba, which It is interesting how we treat two dif- strong opposition to this legislation. virtually none of them do at this time. ferent incidents. Belorussia shot down This piece of legislation before us is The bill before us has gone through a two American balloonists—innocent truly just a bad proposal, Mr. Presi- number of changes since it was first in- balloonists. We protested. Belorussia dent. The unfortunate part of it is that troduced. However, no version to date apologized. The incident has been for- resolves the fundamental problem that it comes in the wake of a tragedy of gotten. Now, there are differences. One significant proportions in the Straits I have with the direction it takes U.S. is that Cuba has not apologized, which policy. It take us further down the of Florida. That is what makes it so they should. But the other difference difficult to act sensibly. road and leads to no where rather than is, those balloonists were completely Obviously, the authors of the legisla- reversing course, as we should have innocent. They were not trying to tion had a difficult time, over a year or done years ago and can still do, and overthrow the Government of Belo- so, moving this bill forward for the ob- open up. When we have a free exchange russia. vious reasons that the bill is so flawed of ideas in which we have free competi- It is a different situation, but the re- substantively that many Members were tion between democratic ideas and sponse is obviously an emotional re- reluctant to sign on to it. However, in Communist ideas, democracy usually, sponse on our part. Foreign policy the wake of what I call a terrorist act one can say always, wins out. ought to represent national interests in the straits of Florida by a rogue gov- I yield the floor. and not national passion. What our pol- ernment attacking innocent pilots and Mr. DODD. Mr. President, I yield 5 icy toward Cuba represents is national unarmed planes, it is virtually impos- minutes to my colleague from Illinois. passion, rather than national interests sible at this point to have an intel- Mr. SIMON. Mr. President, I recog- and a desire to get those electoral ligent discussion about the specifics of nize this bill is going to pass, and I rec- votes in Florida. this bill. ognize the President is going to sign it. Now, both parties are guilty. I recog- I suspect that today this measure It is bad legislation. It is an emotional nize that. That is not the way you will pass overwhelmingly, and I feel reaction to a situation that, obviously, ought to make foreign policy. that is a great tragedy. I think it will all Americans are unhappy about. The Mr. DODD. I yield 2 additional min- come back to haunt us terribly. With action of Castro in shooting down utes to the Senator from Illinois. the provisions of this bill—we are carv- those planes is indefensible. I have to The PRESIDING OFFICER (Mr. ing out exceptions that will create a add, our policy toward Cuba has been THOMAS). The Senator from Illinois. nightmare for us in our Federal courts, the basic cause of the friction. If that Mr. SIMON. It does not make sense. in our consular offices, in our relations policy had changed a long time ago, The bill that is before the Senate, with our friends and allies—I will go those planes would not have been shot among other things, codifies existing through the reasons why here this down. sanctions. That means, and I say to my morning. I will take two examples—Cuba and colleague from Georgia and I say to my I certainly want to begin my re- China. Will anyone here suggest—and I colleague from Wyoming, if BOB DOLE marks, Mr. President, by saying to my do not for a moment defend the human is elected President of the United colleagues and others, and particularly rights policies of Fidel Castro—but States and wants some flexibility in to the families of these young men who does anyone here suggest that Cuba’s dealing with Cuba, we have taken that lost their lives at the hands of an human rights policy is worse than Chi- away. I think we ought to leave flexi- armed MiG attacking single-engine na’s? Yet, what do we do? We say to bility in the hands of the President of planes, Piper-Cubs how much I regret China, ‘‘We are going to give you the the United States. that violent act. To me it does not MFN status, the favorable treatment Canada’s Trade Minister, quoting in matter whether they were flying over on trade.’’ When China growls, as the the Washington Post: Havana. It is inexcusable for a heavily Presiding Officer knows, we quake. ‘‘If the United States wants to get at Cuba, armed plane to attack unarmed com- I think it is a bad policy to have one that’s one thing. But what they are doing mercial private planes under any cir- policy like this on China and another here is contrary to the relationship we have cumstances. totally different policy on Castro, who had with them and it is a violation of The debate ought not be about is not a threat to anybody. How many NAFTA.’’ That is the Trade Minister of Can- whether or not we are all horrified and nations in the world follow the policy ada. angry over what happened a week ago that we do on Cuba? None. Not even I read, and I regret I did not cut out Saturday in the straits of Florida. our good friend, Israel, who frequently, an article by a woman professor who is That is not the debate. I think people probably sometimes in embarrassment, a Cuban exile who said we are just agree with the President’s actions—he votes with the United States. No na- playing into Castro’s hands. What he spoke out clearly on this issue imme- tion follows our policy on Cuba. It just wants is for the United States to beat diately. I want to applaud Madeleine does not make sense. up on Castro so he can say, ‘‘I am Albright, our Ambassador at the Stephen Chapman had an op-ed piece standing up to this big bully.’’ United Nations, who did a remarkable in the Chicago Tribune—he is a regular In the Washington Post, March 3, job. Getting the People’s Republic of columnist there—in which he quotes Louis F. Desloge had an article in China to agree to a statement of con- Senator DOLE as saying: which he says, talking about this bill, demnation was no small feat consid- ‘‘Firmness and pressure’’ is what we have ‘‘They may very well achieve just the ering the relationship that exists be- to use against Cuba. He says, ‘‘Firmness and opposite of what they seek by but- tween Cuba and the PRC. The fact she pressure are what the United States has used tressing, not undermining, Castro’s was able to

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1486 CONGRESSIONAL RECORD — SENATE March 5, 1996 do that speaks volumes about her abil- markup in the Senate Foreign Rela- It may seem trite to say this, Mr. ity as our Ambassador. tions Committee. That was not the President, but I believe, as I said a mo- I regret we did not build on that par- case. The conference was similarly con- ment ago, that our legislative process ticular momentum and seek to expand ducted with the proponents of the bill as it has evolved with experience exists the support within the United Nations working behind closed doors to produce to protect citizens from bad laws. for other joint initiatives which might yet another version of the bill. There is a reason that we normally have had even a greater effect on By the way, the bill has been changed hold hearings on legislative proposals Cuban behavior. As we all know, every at least four times on the Senate side and conduct markups to examine high- time there has been an issue in the alone. Similarly the final conference ly complex issues. There is a reason we United Nations on the Cuban embargo, agreement is decidedly different than seek to take testimony from recog- we get two or three votes in support of either the House or Senate passed bills nized experts on the implications of a our policy and that is it. We get clob- I am sure my colleagues have not read measure, intended or unintended. bered on this issue. I suspect as a re- all the details of it. I do not expect There is a reason that our Founding sult of the legislation we are about to them to; they are busy. Nonetheless, Fathers provided for the possibility of adopt here today that will be the case we are about to vote on something here extended debate in the U.S. Senate. We once again. Instead of building on Am- that is just bad law. all know why. It is to try to at least bassador Albright’s efforts, the Secu- There is a reason why we take our protect against the passage of bad rity Council will now squander that time in the U.S. Senate. It is because laws. particular achievement. we do not want to react to the emotion In the case of this legislation, we Mr. President, again, I do not take a of the moment. We have seen too many have short-circuited that process, par- back seat to anybody when it comes to occasions, historically, when this body, ticularly in the U.S. Senate. Most condemnation of this act. I do not take because of the emotions of the mo- Members of this body, let alone the a back seat to anyone in my desire to ment, has passed legislation and looked general public, do not have the vaguest see change in Cuba. It is a dictatorship. back only weeks later and wondered idea what is in this legislation before No other way to describe it. That is what it was doing at the time. If this is us. The conference report was only what it is. Our hope is that democracy a good bill, it will be a good bill a week available yesterday—and on a very lim- will come to this island as the last na- from now, a month from now, 6 months ited basis, I might point out. tion in this hemisphere to be denied from now. If it is a bad piece of legisla- Suffice it to say, the final version of the Helms–Burton bill is worse than the opportunity of its own people to tion, it does not change. Taking a few the previous versions that passed ei- choose its own leadership. days, which we are not going to have, ther body of this Congress last year. I In the strongest of possible terms, to analyze the implications of enacting fear many of us are going to be in for Mr. President, I would say to my col- this measure into law, how it will af- a surprise once legal experts and others leagues that I carry no brief for the fect our country, is the least we ought have an opportunity to review this bill. Cuban Government—none whatsoever. to be able to do. Unfortunately, that will not happen Nor do any of my colleagues who join I will make a case here—by the way, until it has already become law. me in opposition to this bill. Our oppo- for the many people who showed up in As I said on numerous occasions, the the Orange Bowl the other day who sition to this legislation is rooted in stated purposes of the legislation are may have claims, against the Cuban something that each and every one of laudable. I do not have any debate with Government who think that they are us ought to ask ourselves when we con- what the purposes are: to assist the sider any bill that comes before the going to be able to seek compensation Cuban people in regaining their free- Congress, particularly one involving once this bill becomes law. They may dom and prosperity, to encourage the international relations: Is it good for not know it, but many of them are ex- holding of free and fair elections, and my country first and foremost? It is cluded from exercising the right of pri- to protect American nationals’ prop- not about Cuba, not about Castro, not vate action included in this bill. erty against confiscatory takings by Pay attention, Cuban-Americans, pay about others. It is strictly is it good for the Castro regime. We all agree on attention. The majority of you are us? What does it do to my country? I that. That is not what is at issue. Un- am a U.S. Senator; I am not a Senator probably not going to be benefit from fortunately, the conferees on this for any particular group. I am not a this legislation. It is the fat cats who measure adopted legislation that will Senator for any particular nation ex- are going to get the money, not you. not make any of this achievable. cept my own. Pay attention to this bill and pay at- We only have a couple of hours to So the first, threshold question is: tention to those who would seek to make the case against this bill. I will What does this bill do to my people, to have this legislation passed and what attempt to do that this morning. I my country, to my interests? their interests are. would say that I believe we would all I will make the case here this morn- So, again, I regret we are moving as have been better served had outside an- ing that this bill is devastating to my quickly here as we are, carving out alysts had an opportunity to review people and to my country. It is foolish. unique and special pieces of legislation and comment on this measure before Despite the obvious emotion sur- that I think will come back to haunt we vote. That isn’t going to be pos- rounding what happened last week, we us very, very quickly. sible. ought to be looking carefully at the Mr. President, let me take some time Let me begin by highlighting some of contents of this measure. There is a here, if I can, just to go over some of the more problematic provisions in the reason why the Senate is a deliberate the provisions contained in the con- final conference agreement that were body—why we follow a process here. ference agreement. I probably have had in neither the House bill nor the Sen- The consideration of this bill has more time than some of my colleagues ate-passed bill as it came out of con- been anything but deliberative. We had to follow the changes that have been ference. no markup of this bill in the Senate made in this legislation. In my view, First among these is codification in Foreign Relations Committee, not a the fundamental premises of this legis- law of all current embargo regulations. markup of this bill. We held a hearing lation remain fatally flawed; namely, Let me point out here, this is unique, on a very early version of the bill and that it will strangle Fidel Castro, caus- what we are about to do here and pass no followup hearings once the legisla- ing him to scream ‘‘uncle’’ and step here. To the best of my knowledge we tion had been significantly altered. The down; that our allies will be bludg- have never codified in law outstanding bill itself came directly to the Senate eoned—we are going to beat up our al- regulations and executive orders tar- floor without any vote to report it lies—into going along with this ap- geted at Libya, Iran, Iraq, China, Viet- from the committee of jurisdiction. proach; and that there will be no nega- nam, North Korea—none of these coun- Normally, on a bill of this signifi- tive consequences to the United States, tries. We are now going to say, with re- cance, this magnitude, considering to the American people, or to the myr- gard to Cuba, that all of the sanctions what an exception we are creating in iad other outstanding foreign policy and regulations are now going to be law, you would have thought we would concerns that we have in common with codified into law. Senator SIMON of Illi- have had extensive hearings and a our allies around the globe. nois was making this point. Any effort

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1487 on the part of this President or future country. It has been international law to mandate legislatively that the Presidents to in any way modify what for 46 years. So, all of a sudden, 46 United States depart from the nation- are normally executive branch deci- years of law and practice world wide ality principle of international claims sions when it comes to economic sanc- are going to be overturned for one par- laws. Fortunately, on those occasions tions can occur only once we enact a ticular country in one part of the Congress wisely rejected such efforts. law to change them until democracy world. During the 84th Congress the Senate has come to Cuba. We have never taken Moreover, this legislation will broad- Foreign Relations Committee ex- such a draconian action anyplace else en the universe of those eligible to be pressed very clearly why that should in the world. This is really going far compensated to include individuals not be done in its report dealing with beyond anything we have ever done. As who were not U.S. citizens at the time claims programs related to property angry as we were about what happened their property was taken. For those losses in Hungary, Romania, and Bul- to our hostages in Iran, as angry as we who follow this expropriation of prop- garia. were about what happened in Iraq, as erty without compensation, a funda- The committee said: angry as we are about what could hap- mental principle for 46 years inter- The committee has carefully considered pen in North Korea, or as we watch the nationally has been that you must the arguments advanced in support of the proposed extension of eligibility which, if human rights abuses in China, yet have been a citizen of the country that seeks to espouse your claim at the adopted, would mark the first time in claims Presidents have had the flexibility to history of the United States that a declara- deal with those situations through ex- time the property was taken. That is, tion of intention was equated with citizen- ecutive orders and the promulgation of you must have been a United States ship. While sympathetic to the plight of regulations. citizen, in this case, at the time your those unfortunate individuals who are not In the case of Cuba that isn’t tough property was expropriated in Cuba. American citizens when they sustained war enough. Read the bill; we codify these That is the rule internationally. losses, the committee has to keep utmost in sanctions. That is unwise foreign pol- We are now saying, ‘‘No, in this case view the interests of those individuals who you do not have to be a U.S. citizen at did possess American nationality at the time icy. It is unwise. Yet the emotions of of the loss. the moment are carrying us along here. the time of the expropriation, and you That is why I said our first responsi- We are going to be looking back in a go to the Federal courts.’’ I urge my bility is to our own citizenry—to matter of days and saying, ‘‘My Lord, colleagues, no matter how angry you American citizens. We are placing what did we do here by doing that?’’ are about what happened a week ago, them in second-class status. That is So that is my first concern. I urge consider what we are doing here. We why in the 84th Congress we rejected, my colleagues to look at section 102(h) have already rejected over the years no matter how laudable, no matter how of the conference agreement. We have similar attempts to change the eligi- sympathetic we are to the claims of never, in my view, done that before. We bility requirements for property com- Hungarians, Rumanians, and Bul- have imposed a lot of sanctions and pensation cases. garians, we said, ‘‘No. We are sorry. We done a lot of things, but codifying So my colleagues on the Foreign Re- cannot do that.’’ Today we are about to them all into law is, I think, very dan- lations Committee will recall it was a difficult case—expropriation of prop- reverse that. Forget the other coun- gerous. With the codification of the erty. They came and said, ‘‘Won’t you tries where individuals may have simi- embargo regulations we have tied the allow Hungarians who were not citi- lar cases to make. They, of course, will hands of this and future Presidents, as zens at the time to be able to be cov- not be handled accordingly, although I said a moment ago, in their efforts to ered in the compensation program?’’ they may come forward and seek simi- respond flexibly to changes that we We said as a body here, ‘‘We are deeply lar treatment, I presume, once this leg- hope will occur in Havana. None of us sorry. We understand your point. You islation has been adopted. knows for sure if they will. They may have a vehicle available to you through The committee went on to say, ‘‘Fur- not. But if they do, Presidents ought to your courts. If we carve out an excep- ther, these persons who have a para- have the ability to respond to that. tion for you, then what are we going to mount claim [speaking about Amer- Make no mistake about what this codi- say to Polish-Americans, Chinese- ican citizens] to any funds which may fication does. It sidelines, our Govern- Americans, Vietnamese-Americans, be available to include the not-na- ment as a participant in facilitating and Arab-Americans?’’ Up until now, tional-in-origin group will only dilute positive change in Cuba for the foresee- we have said ‘‘no’’ to them. Now we are the funds still further and increase the able future. saying ‘‘yes’’ here. Now we are going to injustice to American owners.’’ Let me turn to what I believe is the have to back other countries, I pre- So here you are going to take an ac- most troublesome provision in this sume, who are likely to seek similar tion that is likely to increase the in- conference report, and that is title III. treatment. justice against those American citizens This title, which was deleted from the No matter how angry we are, to carve whose property was taken by Castro— Senate-passed version, grants a private out an exception to one country here 1,911 of them. I say that because their right of action to some individuals who and deny others the opportunity is a chances of being fully compensated for have had property expropriated by bad, bad practice. their losses once this bill passes will be Fidel Castro. While the sponsors have The principle of international law worse than beforehand because of the tinkered with this title continuously in and practice in the area of expropria- vastly expanded pool of claimants pro- response to criticisms leveled against tion is very well established. Let me duced by this bill. In essence we are it, the essence of this title remains fun- quote from the legal brief prepared by taking funds that might otherwise be damentally the same and, therefore, Mr. Robert Muse which summarizes available to them and diluting them by continues to be objectionable. very clearly the international law of carving out this one exception to our Instead of the United States utilizing claims: global property claims programs. the Foreign Claims Settlement Com- If international law is to apply to a gov- So, if you run to pass this bill and mission to validate the claims of ernmental taking of property, a party claim- sign up for it, remember what you are American citizens and the U.S. Govern- ing the loss must occupy at the time of loss doing. You are taking American citi- ment to then espouse those claims with the status of an alien with respect to the zens and putting them in second place. the foreign government that has taken Government that took the property. The in- U.S. citizens at the time of the expro- U.S. citizens’ property to obtain com- jured person must be a foreign national. priation get second-class status when pensation—which, by the way, has been The U.S. courts have stated on nu- this bill passes because we are caught the practice for more than 40 years,— merous occasions that confiscations by up in the emotion and the horror of our Federal court system, the Federal a State of the property of its own na- what happened a week ago. Why not court system, now will be given the tionals, no matter how flagrant and re- slow down and take a few days and role of effecting compensation for ex- gardless of whether other compensa- think about what we are doing here in- propriated property claims. tion has been provided, do not con- stead of jamming this through on the By the way, the historic treatment stitute violations of international law. emotion of the moment? by the United States of expropriated This is not the first time, as I said a Proponents of the Helms–Burton leg- property claims is not unique to our moment ago, an effort has been made islation appear to be indifferent, I must

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1488 CONGRESSIONAL RECORD — SENATE March 5, 1996 say, to the injustice that this legisla- Finally, the creation of a lawsuit right or the next day, and demand equal tion will entail to certified American that benefits one national origin group, treatment as we are giving in this par- claimants, although these claimants Cuban-Americans, at the exclusion of all ticular case? Why not? Is this somehow are terribly mindful of it and for that others, will not be tolerated under our Con- different than the horrors that went on stitution. The equal protection clause of the reason continue to oppose title III in Constitution will require the extension of in Poland, or Vietnam, or China? Is this bill. this lawsuit right to other national origin anyone going to stand up on this floor I ask unanimous consent to have groups. Consequently, Vietnamese-Ameri- and suggest to me that they are some- printed in the RECORD a February 29 cans, for example, will be able to sue U.S. how different, were not quite as bad as letter that we received from one of the companies that today or in the future are what goes on in Cuba when we lose four largest U.S. claimants, Mr. David Wal- ‘‘trafficking’’ in the properties they once citizens in a tragic act of shooting lace, chairman of Lone Star Industries, owned as nationals of Vietnam. The same these people down, as horrible as it is? who states quite clearly his opposition right will be extended to all naturalized citi- What about the young people on the zens who have lost properties in their native Pan Am flight that we now know Libya to this change in law and practice. countries as a result of governmental ac- There being no objection, the mate- tions. was involved with? What about claims rial was ordered to be printed in the I regret that in its haste to demonstrate there? They have a case to make? I do RECORD, as follows: our abhorrence of the Castro regime’s ac- not see them included in this bill. JOINT CORPORATE COMMITTEE tions, Congress is prepared to enact ill-con- What happened under the Communist ON CUBAN CLAIMS, ceived legislation that, apart from strength- regimes before? Where are they here? Stamford, CT, February 29, 1996. ening sanctions against the Cuban Govern- They had their property expropriated Hon. CHRISTOPHER J. DODD, ment, will penalize U.S. certified claimants and taken from them. Why are they Ranking Member, Foreign Relations Sub- and create a myriad of undesirable domestic not included in this bill? If I were they, committee on Western Hemisphere and consequences. Your principled opposition to Title III and your resolute support of the I would be angry. This is special-inter- Peace Corps Affairs, Dirksen Senate Office est legislation carving out extraor- Building, Washington, DC. claimants is all the more appreciated under dinary treatment for a special group. DEAR SENATOR DODD: As Chairman of these difficult circumstances. Lonestar Industries and on behalf of the Sincerely, By the way, in order to exercise the Joint Corporate Committee on Cuban DAVID W. WALLACE. provisions of title III with respect to Claims, I want to express my deep apprecia- Mr. DODD. Mr. President, ironically the right of private action you will tion for your unwavering leadership in title III, which has been so fiercely de- have to have a claim worth more than standing up for the rights of U.S. certified fended by its sponsors, is not going to $50,000—I will get to that in a minute— claimants. do much to harm Fidel Castro either. so your average poor Cuban is not in- The Joint Corporate Committee deplores He is not likely to make himself avail- cluded in this. Out of 5,911 U.S. cer- the recent actions of the Cuban Government tified claims, only slightly more than in the strongest possible terms, but as egre- able, as I point out, as a defendant in gious as those actions are, we should not let our courts coming down the road. 800 will benefit from title III. The rest the passions of the day lead us to Mr. President, this legislation will of them are excluded. Pay attention, uncritically enact legislation that is harmful have serious implications on our Fed- Cuban-Americans. Pay attention to to the rights of U.S. certified claimants, con- eral court system, on the value of what this bill does or doesn’t do for trary to international law, and constitu- claims of certified U.S. claimants and most of you. You are not going to get tionally suspect. on our relations with our close trading any benefit. It is the fat cats who are As I’ve indicated in my previous commu- partners who will feel much of the going to benefit. The tobacco and the nications to you, Title III of the Helms-Bur- rum interests are going to be the bene- ton bill will lead to a flood of litigation in brunt of these lawsuits. If this new ap- our federal courts. As you know, the Title is proach to resolving expropriated ficiaries of this. Read carefully how the so broadly drafted that not only third coun- claims is so good, why do a number of law is written here. try foreign investors would be subject to suit the largest U.S. certified claimants So, Mr. President, to all of those who in U.S. courts for ‘‘trafficking’’ in con- continue to oppose the legislation? say they support title III of this bill, I fiscated properties, but agencies and instru- I believe that many of my colleagues would say that I hope they have had an mentalities of the Government of Cuba also in the Senate had come to share my opportunity to study the final version would be subject to suit. As a consequence, view that title III was not in the inter- and understand the implications. I sus- we can reasonably expect that tens if not est of the United States and, for that pect, for example, that when the more hundreds of thousands of Cuban-Americans than 85 percent of the 5,911 U.S. cer- will file Title III lawsuits for the property reason, they joined in opposing its in- losses they suffered over thirty years ago as clusion in the Senate-passed version of tified claimants discover that they are Cuban nationals. the bill. precluded by provisions in this title Apart from the burden these lawsuits will While the events of a week ago Sat- from availing themselves of this new place on our already clogged federal court urday were tragic and senseless, Mr. private right of action, they are going system, serious constitutional questions President, they do not in any way to be doubly opposed to this bill. Un- arise that may result in substantial liability change the fact that title III is con- fortunately, they will not find out to our government. The harm U.S. certified trary to the interests of our country, of until it is passed. claimants will suffer as a result of the enact- In the final conference report, the ment of Title III is indisputable. The U.S. the United States, and inconsistent, as State Department has estimated the total I have tried to point out, with inter- sponsors sought to address a signifi- value of Cuban-American claims at $94 bil- national law. cant criticism leveled against this lion. U.S. certified claims, by contrast, total To disregard, without even a markup title—that it would cause an avalanche $6 billion. Faced with the prospect of tens of in our committee, 46 years of inter- of lawsuits in our courts. They have re- billions of dollars in federal court judg- national law and practice in the han- sponded to that by putting a floor on ments, the Cuban Government will have nei- dling of expropriation issues, as this the value of the claims that will be ad- ther the means nor the incentive to nego- title does clearly, is foolhardy, in my missible in U.S. court in adjudication. tiate a settlement of the U.S. certified view. Putting aside my underlying objection claims. This effective nullification of the property interests of the U.S. certified There is also a question of whether to that, the floor in the bill is $50,000. claimants is not without consequence. Under title III is constitutional because of the The problem with their efforts to limit the takings clause of the Fifth Amendment, equal protection provisions of law. lawsuits is that only suits that are if the U.S. Government elects to advance a But even if on narrow legal grounds really excluded by this floor are those foreign policy objective at the expense of the this bill stands the constitutional test, by U.S. certified claimants whose prop- certified claims lawfully held by its citizens, on political grounds it is indefensible, erty has already been valued at $50,000 it will be required to pay just compensation Mr. President. As I said earlier, why or less. to that group of citizens. In other words, by should not Polish-Americans, Viet- Can you imagine, in 1959, $50,000 of enacting Title III, we may be putting the namese-Americans, Arab-Americans— value of United States citizen property U.S. taxpayer in the shoes of the Govern- ment of Cuba—ironically, the very Govern- the list of 38 countries where we have in Cuba? It has to be valued at the time ment this legislation seeks to punish—to pay claims outstanding—be granted similar of the taking, by the way. As a result the debt these claimants are owed under access to our United States courts? of that, you are seeing here a situation international law. Will they not come forward tomorrow, where 85 percent of the 5,911 certified

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1489 claimants get excluded. They cannot view, does not change that conclusion Inc. (oil), Fortuna Petroleum, Fracmaster go to court here—just the 800 or so peo- at all—this is bad law. (oil), Globafon, Havana House Cigar and To- ple that have claims in excess of that There are also serious problems with bacco Ltd., Heath and Sherwood (oil), Hola can. I presume that Cuban/Americans other parts of the legislation, Mr. Cuba, Holmer Goldmines, Joutel Resources who were ineligible to submit their (mining), LaBatt International Breweries, President, provisions that restrict our Marine Atlantic Consultant (shipping), Mac- claims to the Foreign Claims Settle- ability to provide assistance to Russian Donalds Mines Exploration, Metal Mining, ment Commission and who therefore and other New Independent States Mill City Gold Mining Corp, Miramar Mining have no particular value associated countries. As angry as we are at Cuba Corp. (Minera Mantua), Pizza Nova (tour- with their claim will start alleging and what the Cuban authorities have ism), Realstar Group (tourism), Republic claims in excess of $50,000 so that they done, why are we going to jeopardize Goldfields, Scintres-Caribe (mining), Sherrit can get access to the courts. our relationship with Russia and the Inc. (mining), Talisman Energy Inc., Teck On the other hand, of course, the New Independent States. That is what (mining), Toronto Communications, Val d’Or $50,000 floor is not likely, as I said, to (mining), Wings of the World (tourism). the bill does. Read it. Chile: Dolphin Shoes (clothing), Ingelco limit filing of lawsuits by Cuban-Amer- I understand the anger. I understand ican claimants. They are obviously S.A. (citrus), Latinexim (food/tourism), New the frustration. But why would we World Fruit, Pole S.A. (citrus), Santa Ana going to allege more than $50,000. You jeopardize the delicate relationship we (food/tourism), Santa Cruz Real Estate (tour- can argue $50,001 and you get into are trying to build in Russia and the ism). court. That is available to them. But New Independent States and have those Colombia: SAM (an Avianca Co.) (tourism), our people, U.S. citizens, who have al- relationships hang on legislation here Intercontinental Airlines, Representaciones ready been certified by the commission Agudelo (sporting goods). dealing with Cuba? That is not smart. Ecuador: Caney Corp. (rum). as having a property value of $50,000 or That is dangerous, in my view. less can’t try the same thing. These China: Neuke (manufacturing), Union de Provisions in this bill also impact on Companentes Industriales Cuba-China. U.S. citizens are out of luck. our adherence to provisions of GATT Dominican Republic: Import-Export SA Again, let us remind ourselves why and NAFTA, provisions that seek to (manufacturing), Meridiano (tourism). we are here, who we represent, to micromanage our relationships with France: Accord (tourism), Alcatel (tele- whom is our first obligation. Last time future Cuban Governments—post-Cas- communications), Babcock (machinery), I looked it was to U.S. citizens—U.S. Bourgoin (oil), Compagnie Europeene des tro governments. citizens. That is my first obligation, Petroles (oil), Devexport (machinery), Fives Let me predict right now our allies’ U.S. citizens. They get taken to the Lille (machinery), Geopetrol, Geoservice, response to title IV of the bill. Let me cleaners on this; 85 percent of them do Jetalson (construction), Maxims (cigars- not get any advantage under this. And spend a minute or so talking about this owned by Pierre Cardin), OFD (oil), OM (tourism), Pernod Ricard Group (beverages/ for the bulk of people who have claims part of the bill. And people ought to pay attention to this so-called exclu- tourism), Pierre Cardin, Pompes Guinard of less than $50,000 who were not United (machinery), Societe Nationale des Tabacs States citizens when their property sion of certain aliens title of the bill. It is going to make foreign commerce and (Seita) (tobacco), Sucres et Donrees (sugar), was taken, they will allege more and Thompson (air transport), Total (oil), Tour they get to access to our courts. So travel a nightmare, in my view, for our Mont Royal (tourism). U.S. citizens lose. U.S. citizens lose. business community. Germany: Condor Airlines (charters for Clearly, these small claimants would Title IV calls upon the Secretary of Lufthansa), LTU (LTI in Cuba) (tourism). be foolish, as I said earlier, not to avail State—listen to this—calls upon the Greece: Lola Fruits (citrus). Secretary of State to deny entry into Holland: Curacao Drydock Company (Ship- themselves of this relief by alleging a ping), Golden Tulips (tourism), ING (bank- claim in excess of $50,000. the United States to any alien whose been involved in the confiscation or ing), Niref (minerals). They can claim that their property Honduras: Facuss Foods. falls above the threshold value, file trafficked in Cuban property formerly Hong Kong: Pacific Cigar. suit and attempt to convince the owned by a United States national. The Israel: GBM (citrus), Tropical (manufac- courts that they qualify for a positive actions called for by title IV, require turing), World Textile Corp. S.A. judgment. At the very least, this will that the Secretary of State and the At- Italy: Benetton (textiles), Fratelli Cosulich put them in a position to perhaps nego- torney General deny entry into the (gambling), Going (tourism), Italcable (tele- communications), Italturis (tourism), tiate a side deal with the alleged of- United States by any foreign business person, foreign official and their family Viaggo di Ventaglio (tourism). fending party, clearly permissible Jamaica: Caricom Investments Ltd. (con- under this law, negotiation of a deal. members for an activity which is law- struction), Caricom Traders (Int’l mrktg of I predict that even in this latest ful in the country where that person is Cuban products), Intercarib (tourism), version there will be a flood of lawsuits a citizen and consistent with inter- Superclubs (tourism). in our courts. What is most troubling national law. This action flies in the Japan: Mitsubishi (auto’/tourism), Nissan about putting our courts at the center- face of international commitments we Motor Corp. (auto), Nissho Iwai Corp. piece of this legislation is that it trans- have made. We talking about poten- (sugar), Toyota, Sumitomo Trading Corp. forms our judicial system, the prin- tially a great many countries being ef- (auto), Suzuki Motor Corp. (auto). Mexico: Aero-Caribe (subsid. of Mexicana cipal duty of which is to adjudicate fected here. de Aviacion), Bufete Industrial, Cemex (con- legal disputes, into an instrument of I ask unanimous consent that this struction), Cubacel Enterprises (tele- U.S. foreign policy, something we have list be printed in the RECORD. communications), Del Valle (manufac- always tried to avoid in this body, al- There being no objection, the list was turing), Domeq (export-rum), DSC Consor- ways tried to avoid. Do not turn your ordered to be printed in the RECORD as tium (tourism), Grupo Domos (telecommuni- courts into an instrument of foreign follows: cations), Grupo Industrial Danta (textiles), Grupo Infra de Gases, Incorporacion Inter- policy. And yet this provision of this U.S.-CUBA TRADE AND ECONOMIC COUNCIL, INC. bill not only vaguely requires that; it national Comercial (beer), Industrias Unidas NON-UNITED STATES COMPANIES AND THE de Telephonia de Larga, Distancia, La insists upon it. REPUBLIC OF CUBA So all of a sudden we say to the Fed- Magdalena Cardboard Co., Mexpetrol (oil), Corporations and companies cited in the Pemex, Bancomex, Mexican Petroleum Insti- eral courts now, with all the com- international media as having commercial tute, Protexa, Bufete Industrial, Inggineiros plaints we get from our States about activities with the Republic of Cuba. Civiles Asociados, Equipos Petroleos the overload of work, here comes an- Australia: Western Mining Corp. Nacionales, Telecomunica- cionales de Mex- other load of work in your lap. When Austria: Rogner Group (tourism) ico, Vitro SA (manufacturing). people start complaining about han- Brazil: Andrade Gutierrez Perforacao (oil), Panama: Bambi Trading dling criminal cases in the United Coco Heavy Equipement Factory (sugar), South Africa: Anglo-American Corp. (min- States and drug cases, consider the fact Petrobras S.A. (oil). ing), Amsa (mining), De Beers Centenary you are going to be inundated now with Canada: Advanced Laboratories (manufac- (mining), Minorco (mining), Sanachan (fer- turing), Anglers Petroleum International, tilizers). a bunch of claims matters, that we Bow Valley Industries Ltd. (oil), Canada Spain: Caball de Basto (S.L., Camacho have all of a sudden involved you in a Northwest Energy Ltd. (oil), Caribgold Re- (manufacturing), Consorcio de Fabricantes foreign policy matter with Cuba. sources Inc. (mining), Commonwealth Hospi- Expanoles, Cofesa, Corporacion Interinsular The inclusion of periodic Presidential tality Ltd. (tourism), Delta Hotels (tourism), Hispana S.A. (tourism), Esfera 2000 (tour- waiver authority in this title, in my Extel Financial Ltd., Fermount Resources ism), Gal (manufacturing), Guitart Hotels

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1490 CONGRESSIONAL RECORD — SENATE March 5, 1996 S.A., Grupo Hotelero Sol, Hialsa Casamadrid about to run through and adopt this ful. However, the operative provisions Group, Iberia Travel, Iberostar S.A. (tour- legislation probably on an over- of the bill are totally at odds with ism), Kawama Caribbean Hotels, K.P. Winter whelming vote, without for a moment what we state is our policy in section Espanola (tourism), Miesa SA (energy), Na- tional Engineering and Technology Inc., considering and the consequences of it. 201. There are 19 criteria in this bill Nueva Compania de Indias S.A., P&I Hotels, I know in some quarters it is consid- that the future Cuban government Raytur Hoteles, Sol Melia (tourism), ered good form to say the United must meet—a future government, not Tabacalera S.A. (tobbaco), Tintas Gyr SA States is prepared to renounce our the Castro government in order for the (ink manufacturer), Tryp (tourism), Tubos trade agreements. I listened to the United States to engage in any signifi- Reunidos Bilbao (manufacturing), Vegas de Presidential debate going on and cer- cant way with that government. Nine- la Reina (wine imports). tainly there are those who are against teen criteria they have to meet, 19 of Sweden: Foress (paper), Taurus Petroleum. United Kingdom: Amersham (pharma- NAFTA and against GATT, well, we are them, before we deem it to be in transi- ceuticals), BETA Funds International, Body about to do it here. You do not have to tion to democracy including when it Shop International (toiletries), British Bor- wait for Buchanan to become President should hold its elections—within 18 neo PLC (oil), Cable & wireless comm., of the United States. We are about to months, how and who must not be at Castrol (oil), ED&F Man (sugar), Fisions do it. the head of State. (pharmaceuticals), Glaxo (pharmaceuticals), I do not think those of our citizens Does this really constitute respect Goldcorp Premier Ltd., (manufacturing), ICI who count on the integrity of these for self-determination? Can you imag- Export (chemicals), Ninecastle Overseas agreements to protect the sanctity of Ltd., Premier Consolidated Oilfields, Roths- ine if we had these criteria with the child (investment bank), Simon Petroleum their international business trans- New Independent States or in Russia? Technology, Tate & Lyle (sugar), Tour World actions find this acceptable. I for one Do you know how difficult their transi- (tourism), Unilever (soap/detergent), take these national commitments seri- tion has been, as they have wrestled Welcomme (pharmaceuticals). ously. When I vote on them here, I vote with trying to form their own notion of Venezuela: Cervecera Nacional, on them seriously because I think they democracy. When you want to help Covencaucho, Fiveca (paper), Fotosilvestrie, are right and the right direction to go. Gibralter Trading (steel), Grupo Corimon, that process, nurture it, provide aid Grupo Quimico, Ibrabal Trading, Interlin, I think most Americans do, and I think and assistance that would be impos- Intesica, Mamploca, Mamusa, Metalnez, MM most of our colleagues do. sible if this legislation governed our re- Internacional, Pequiven, Plimero del Lago, Overall, this bill is bad for U.S. busi- lations with those countries. We would Proagro, Sidor, Venepal, Venoco. ness. It will undercut efforts by the be prohibited from doing it in this bill. Mr. DODD. On this list are roughly 26 United States to ensure that U.S. in- Similarly even if Castro goes and the countries and nearly 200 foreign compa- vestors face a stable and predictable Cuban Government is in transition, we nies doing business in Cuba today. And environment when they do business cannot do anything meaningful to as- so under this provision of title IV of abroad. sist until the requirements of the bill the bill, as you go through the list now, We can hardly insist that our trading have been met. That is foolhardy—fool- we are going to have to go and I guess partners respect international law in hardy—to do that. do a fact finding of some kind or an- the areas of trade and investment when Mr. President, I have said on numer- other and determine whether or not—I we ourselves are prepared to violate it. ous occasions, when we consider for- presume that a lot of this may in some Where is our moral high ground when eign policy legislation of this nature— way touch on confiscated property in we give these speeches around the and I said at the outset—we have to Cuba. Obviously, we have seen that world about the sanctity of the efforts ask ourselves two very basic questions: happen—they were involved in confis- to try and get the world to live by the Is what is being proposed in the best cation. All these companies are going rules we adopt. Here we are about to go interest of our own country, and is it to have to go through it. And then, of in and just blow that apart on our own, likely to achieve the stated goals in course, we will have to let our consular and then presumably give a lecture to the country to which it is directed? the rest of the world about how they service know because any one of the Two basic questions: Is it good for ought to live up to these agreements. people involved in these companies or my country, and is it likely to achieve family members who seek to come to I wonder what our response is going to be when other governments whose the stated goals in the country that the United States can be stopped from may be the target of the legislation? coming. It is going to put us in a dif- citizens are adversely affected by this In the case of the pending legislation, ficult situation in Australia, Austria, legislation decide to enact some special I think the answer to both of these Brazil, Canada, Chile, and so on. interest legislation of their own di- Read the language. If you do not rected at our people, our country, our questions is a resounding no. think we are going to get reprisals citizens and their properties abroad. I regretfully say that I think this is from this nightmare, this quagmire, let We are hardly going to be in any posi- a bad bill, and for that reason, I strong- us see what happens when an Israeli is tion to object or to assert some provi- ly oppose it. I also realize that I may denied a visa because some of their sion of international law in that situa- be in the minority, a small minority, people are doing business in Cuba or tion. but I could not stand here and watch what happens when Canadians try to This legislation, Mr. President, has a this go by today and not point out the come to this country. Do not think we great deal of hortatory language. Much fundamental flaws in the whole ap- are not going to feel the brunt of it. of it I agree with. For example, section proach. Again, I ask my colleagues to read 201 sets forth U.S. policy toward a tran- I will point out again that I think it this legislation. This is unwise. This is sition and a democratic government in is dreadful what happened a week ago unwise. Why are we not doing this in Cuba. It is good language. Among other Saturday—dreadful what happened. China? My Lord, there are human things, it states that it is the policy of There is no excuse for it. But if we rush rights problems there. Imagine if you the United States to ‘‘support the self- to legislate a bill that has been around tried to do that here. You would be determination of the Cuban people and a year or so, and it has been around be- laughed off the floor if you tried it to recognize that the self-determina- cause, frankly, people had serious prob- here, or Vietnam or other places. And tion of the Cuban people is a sovereign lems with it. The problems are not any yet are they any less guilty in a sense. and national right of the citizens of less because of what happened last Sat- And so here are 26 countries, most of Cuba which must be exercised free of urday. This bill would have passed a them allies, where we are now going to interference by the government of any long time ago if it had intelligent pro- have our immigration service at the other country.’’ visions in it dealing with how might ef- gates denying entry to members of Exercising their right, the right of fectively we deal with Castro. families of people who are doing busi- the citizens of Cuba which must be ex- The only reason it is up today is be- ness on property that may have been ercised free of interference by the Gov- cause of the tragedy a week ago. In confiscated without compensation in ernment of any other country in that fact, I argue the bill is worse today Cuba. transition. Who can disagree with than before. There are a lot of provi- Again, I urge my colleagues just look that? I could not have written it better sions, as part of this conference report, at what we are doing here; we are myself. I love it. I think it is wonder- that none of us ever voted on.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1491 I realize this may be a futile effort on that Spain’s continued possession of Cuba interests and domestic politics are different my behalf to urge my colleagues in the threatened ‘‘our internal peace and the exist- matters. Castro was too proud—and too con- next few hours to do something, which ence of our cherished Union.’’ If we cannot vinced of U.S. hostility—to make concilia- I guess none of us do with great fre- acquire Cuba in any other way, said the dip- tory gestures toward Washington. Castro lomats, we should take it through war. Noth- also believed that Mikhail S. Gorbachev lost quency. And that is to just read this ing came of this because the United States control of the Soviet Union because he aban- conference report, in particular read was hurtling toward civil war—but its tone doned a repressive political system. Castro title III and read title IV. Consider and its intimate connection to politics in the says he will not make the same mistake. what we are about to do. I believe if United States set a pattern. And in the United States, politicians of both you sit back objectively and look at In the 1870s and again in the 1890s, the parties competed for the support of the this and see how we are changing so Cuban people rose in armed rebellion against Cuban American community by dem- many things in this bill, carving out the Spanish colonial regime. The Spaniards onstrating how tough they could be on Cas- became alarmed, with good reason, over the tro. unique exceptions that, I think, are support for the rebels coming from the going to cause us serious problems, you By 1995, Republicans in Congress appeared United States, in general, and Cuban Ameri- to have won the tough-posture competition. will come to the same conclusions I cans, in particular. The Helms-Burton bill—officially the Cuban have. Spain suppressed the first insurrection, but Liberty and Democratic Solidarity Bill—sets This does not diminish our deter- not the second, in 1895–98. This time, Cuba new heights of obsession with Cuba and pre- mination to see change occur in Cuba, was a far hotter issue in U.S. politics— tensions for dictating that country’s future. to see democracy and freedom come to thanks to coverage by mass-circulation And it has gained tremendous momentum the Cuban people; that Fidel Castro newspapers, deeper economic interconnec- since the planes were shot down. tions, the strident lobbying of Cuban Ameri- leave or that we find ways in which to cans and heightened concerns in Washington The bill’s purpose is unequivocal: Use eco- effectively make our case that what over the strategic security of the Caribbean. nomic strangulation to eliminate Castro, happened there not only should not President William McKinley, eager to assure then establish, with military help, a transi- happen but must not happen again. his reelection, joined those who said Spain tional government and market economy We will not forget what happened in must be ousted. The sinking, in Havana har- under U.S. supervision, followed by free elec- the Straits of Florida, and we will not bor, of the U.S. battleship Maine as a result tions. These measures are justified both on the idealistic ground that Castro is a viola- forget who is responsible. Let us not, in of an internal explosion in February 1898, (260 Americans died) inflamed a war spirit— tor of human rights—which he is—and on a the emotion of the moment in dealing fanciful description of his regime as a threat with that particular issue, do damage though it is highly unlikely that the Spanish government was responsible. McKinley did to U.S. security and international peace. The to ourselves. My sole point is this bill not make a serious effort to negotiate. The bill’s arrogant and overblown rhetoric re- does damage to our country. It does Spanish government, in turn, preferred war calls the Ostend Manifesto and its specific damage to our citizens. It does damage to what it considered dishonorable conces- provisions are more intrusive than the Platt to our ability as the leading super- sions. And war it was—‘‘the splendid little Amendment of 1903–34. power in the world today to negotiate war’’ of 1898. Spain lost Cuba—along with Helms-Burton assumes that Castro is on and to conduct its foreign policy. Puerto Rico and the Philippines. the edge of a cliff and the Cuban economy is I ask unanimous consent to have The Cuban freedom fighters expected im- in shambles. But both assumptions are wrong. Castro is paranoiac about internal printed in the RECORD a number of edi- mediate independence. Instead, the United criticism, but remains popular. And the is- torials and articles in opposition to States militarily occupied the island for four years, then imposed, through the Platt land’s economy is reviving with expanding this bill. Amendment, its right to control Cuba’s for- trade and considerable new investment from There being no objection, the mate- eign relations and to intervene, with troops Canada and Europe. rial was ordered to be printed in the if necessary, in the country’s internal af- This trade and foreign investment are the RECORD, as follows: fairs. President Franklin D. Roosevelt for- real targets of Helms-Burton. If its provi- [From the Los Angeles Times, Mar. 3, 1996] mally relinquished these rights in 1934—but sions become law, and are sustained in the THE RECIPROCAL OBSESSION OF CASTRO AND U.S. influence remained pervasive. courts, they would burn down the house of WASHINGTON Fast-forward to Jan. 1, 1959. Fulgencio U.S. foreign policy. Seeking to overthrow (By Gaddis Smith) Batista, a corrupt and non-ideological dic- the regime of one little country, the law in- NEW HAVEN, CT.—Throughout our history, tator, fled Havana and Castro, leader of a flicts great injury to the larger fabric of U.S. the U.S. government, on the one hand, and successful rebellion, entered the city and es- trade and investment. whatever regime was in power in Cuba, on tablished the regime he heads to this day. The key provisions flow from the assertion the other, have been prone to spasms of re- Scholars debate whether the regime was that the confiscation and nationalization of ciprocal obsession—marked by wild rhetoric, communist from the outset or became so private property in Cuba, carried out by the economic warfare and sometimes armed vio- within a year or two. They also debate regime sine 1959, violates U.S. and inter- lence. Cuba’s stupidly brutal shooting down whether an accommodating posture by national law. Therefore, any person, corpora- of two U.S. civilian airplanes last weekend, Washington, instead of an obsession with un- tion or state entity engaging in trade and in- and President Bill Clinton’s subsequent sur- dermining the regime, could have preserved vestment in Cuba is likely to be ‘‘traf- render to Congress on maniacal legislation amicable relations. Or were Castro’s obses- ficking’’ with stolen property—since, by defi- aimed at the destruction of Fidel Castro’s re- sion with Washington as the source of all nition, virtually all economic activity in gime, mark the latest spasm. Cuba’s problems and his welcome of the So- Cuba is based on confiscated property. Any Today, no U.S. presidential candidate viet Union as protector the real obstacles? current U.S. citizen, or any U.S. corpora- dares challenge the wisdom of escalating There can be no question, however, that a tion—like the Bacardi rum company—with a intervention against a small, if unpleasant, pattern of reciprocal obsession and provo- claim to such property can sue these ‘‘traf- neighboring government. The angriest voices cation was evident from the outset. Wash- fickers’’ in U.S. courts and be awarded dam- in Washington and Florida advocate a naval ington organized an exile force to invade ages. blockade and do not rule out invasion—ig- Cuba at the Bay of Pigs in April 1961. It was, Furthermore, individual traffickers, or of- noring international law and the opinion of as one historian said, ‘‘the perfect failure.’’ ficers or controlling stockholders of traf- other governments. This furor has an all-too More serious, of course, was the 1962 crisis ficking corporations—including their familiar ring. over the placement of Soviet nuclear mis- Since the early 19th century, Cuba’s prox- siles in Cuba—the most dangerous moment spouses and children—can be excluded from imity to the United States, strategic loca- of the Cold War and a genuine threat to U.S. the United States. In theory, the son or tion on the seaways of the Caribbean and security. Castro was ignored in the nego- daughter of an executive of a Canadian hotel economic importance have induced U.S. poli- tiated Soviet-U.S. settlement. The Russians company with Cuban interests attending ticians to assert the right to dictate Cuba’s removed the missiles and Washington prom- school in the United States could be de- foreign policy and internal arrangements. ised not to invade Cuba. ported. The bill’s implementation would cre- But the line between legitimate U.S. na- For the next 30 years, Castro poked his fin- ate a nightmare for U.S. courts and would tional-security interests in Cuba and domes- ger in Uncle Sam’s eye at every oppor- violate major treaties and international- tic political partisanship has always been tunity—supporting leftist revolutionaries in trade agreements. blurred. Latin America, sending troops to Africa at Last summer, Secretary of State Warren For example, in 1853, Washington, influ- Moscow’s behest—and Washington did every- M. Christopher recommended that Clinton enced by the slaveholding states, tried to thing possible to inflict economic pain and veto the bill when and if it came to his desk. buy Cuba from Spain to increase the area of make Cuba a pariah state—only to be Until Feb. 24, the chances of the bill being slaveholding and suppress a feared insurrec- thwarted by the subsidies sent to Castro by passed and signed were slight. But then Cas- tion of slaves in Cuba and its spread to the the Soviet Union. tro blundered into the hands of his enemies— United States. Spain refused to sell. In re- With the end of the Cold War and dis- by authorizing the destruction of the two ci- sponse, three senior U.S. diplomats—includ- appearance of the Soviet Union, easing ten- vilian planes flown by the Brothers to the ing soon-to-be President James Buchanan— sions, even normalizing relations, might Rescue group. The Cuban government is bra- issued the ‘‘Ostend Manifesto,’’ which argued have been expected. But objective security zenly unapologetic and said it was defending

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1492 CONGRESSIONAL RECORD — SENATE March 5, 1996 its sovereignty—but even Castro’s newest people miserable. Castro remains—resplend- had been saying since last summer that it friend, China, has joined in deploring the ent, entrenched and still wearing those silly would veto the measure unless these provi- deed. fatigues. He is no more and no less a com- sions were removed. By this action, Castro achieved what his munist than the leaders of Vietnam, old foes The United States is the only country that most fervent critics in Congress could not: with whom we now do business. maintains an economic embargo against He persuaded Clinton to agree to Helms-Bur- The influence Cuban Americans have over Cuba, an outdated policy that has failed in 35 ton. Clinton, like McKinley in 1898, wants a U.S.-Cuba policy is neither illegitimate nor years to topple the Castro Government. Try- second term. The final details of the legisla- novel. American Jews have a passionate con- ing to coerce other countries to join the em- tion remain to be worked out, but the presi- cern about Israel, and the Irish here are in- bargo is offensive to American allies and un- dent said he will sign. Reciprocal obsessions tensely interested in the Irish there. One likely to succeed. have again triumphed. might even suggest that the recent U.S. oc- Backers of the Helms-Burton bill believe cupation of Haiti would not have happened the Cuban economy has been so enfeebled by [From the Washington Post, Feb. 29, 1996] were it not for the political clout of African the loss of subsidized Soviet trade that the U.S. POLICY: HELD HOSTAGE IN MIAMI Americans—an assertion, you might say; a Castro regime can be brought down with one final shove. But Cuba’s economy, though (By Richard Cohen) fact, I would insist. Yet, some Cuban Americans are in a class hurting, has already revived from the depths Question: Who sets U.S. policy toward of their own. Basulto, for one, does more of the early 1990’s. Its recovery has been Cuba? than write his congressman or raise money. built on austerity, limited reforms and new (A) The president. He was at the Bay of Pigs and, a year later trade relationships with the rest of the (B) Congress. (1962), was one of 23 men who took two con- world. It is unrealistic to think that a rein- (C) Any Cuban American with an airplane. verted PT boats into Cuban waters and forced American embargo would bring Mr. The answer, apparently, is ‘‘C’’—or, if shelled a Havana suburb. The Associated Castro down. you’d like a name, Jose Basulto. He is the Press named him ‘‘the man behind the gun.’’ What Havana really worries about is the leader of Brothers to the Rescue, the human- Since then, he has formed Brothers to the resurgence of opposition in Cuba itself. Op- itarian group with a political mission, and a Rescue, which, among other things, has position groups have been invigorated by survivor of the recent massacre in the skies dropped anti-Castro leaflets on Havana, test- Cuba’s widened contacts with the outside near (or over) Cuban waters. Four others ing the dictator’s celebrated sense of humor. world. They are also encouraged by a more died when their unarmed Cessnas were Basulto had been warned by both Wash- supportive attitude on the part of Miami- downed by Cuban MiGs. They were brave ington and Havana to watch his step. That based exile organizations. These used to view men. does not excuse the subsequent killings, but all Cubans who remained on the island, even It is important to say, as the American it does tend to explain them. The same holds opposition activists, with suspicion. Now government has, that Cuba was wrong. The for Washington’s policy toward Havana. It’s groups like Brothers to the Rescue, the orga- downing of the two planes, no matter what easy enough to explain why Washington nization whose planes were shot down last their location, was a violation of inter- toughened the embargo in response to the week, see opposition groups on the island as national law—not to mention common de- shoot-down (all those votes in Florida), but a key to political change. cency. It was as if the police here had caught harder to excuse. It makes little sense. The Castro regime is alarmed by this po- some burglars red-handed, determined they Toughening the embargo causes ordinary Cu- tential link between domestic opponents and were unarmed and executed them on the bans—not Castro—to suffer even more. outside support groups, heralded by Brothers spot. Fidel Castro committed murder—and The Clinton administration had little to the Rescue’s previous airborne leafletting not for the first time. choice but to get tougher with Castro. But it of Havana. Indeed, Havana’s concern over Whatever its faults, though, the nature of has to be firmer, too, with certain Cuban this prospect may have been a factor in last the Castro regime is well known. It is a mu- Americans. U.S. policy toward Cuba, inching week’s missile attack against the exile’s seum piece, a relic of the communist era, toward sanity until the recent shootings, planes. Washington should be doing every- frozen in ideological amber and, like Pav- cannot become the captive of anyone, no thing it can to promote opposition within lov’s famous dog, predictable in its reaction matter how well-intentioned, who literally Cuba by encouraging more human inter- to certain stimuli. After years of a U.S. em- flies off on his own. More than planes got change between the island and the outside bargo—after the Bay of Pigs and other CIA shot down the other day. So did U.S. policy. world, not less. operations, after Radio Marti and numerous The Helms-Burton Act is not an appro- attempts at coups, a farcical facial (the CIA [From the New York Times, Mar. 2, 1996] priate response to Cuba’s murderous deed. It tried to make his beard fall out) and, prob- is a wholesale policy reversal that weakens ably, assassination—it would be just plain A BAD BILL ON CUBA America’s ability to encourage democracy in insulting to call Castro paranoid. The man The Clinton Administration had done Cuba. Mr. Clinton should return to his origi- has enemies, and they are out to kill him. many things right and one thing terribly nal sound position. One of them, in fact, is Basulto. Not only wrong in response to Cuba’s shootdown of was he flying the one plane that was not two unarmed planes flown by Miami-based [From the Chicago Tribune, Mar. 1, 1996] downed, but he announced himself to the exiles. SURRENDERING U.S. POLICY ON CUBA Cuban authorities as the guy in the cockpit: Providing a Coast Guard escort to accom- After more than 30 years of them, it should ‘‘Cordial greetings from Brothers to the Res- pany an exile flotilla to the site of the down- be clear that trade sanctions against Cuba cue, from its president, Jose Basulto, who is ing today registers American determination will not force Fidel Castro to surrender. talking.’’ to protect the security of international wa- What a shame, then, that a great power like That greeting, it turned out, was met with ters and airspace. Equally important, it the United States has surrendered its foreign a warning: ‘‘Sir, be informed that the north minimizes the risk of either the exiles’ or policy to a tiny population of hard-line anti- zone of Havana is activated.’’ Basulto was Havana’s provoking a new incident. The Ad- Castro Cubans. What an embarrassment. then told he was in ‘‘danger,’’ and he re- ministration’s decision earlier this week to By agreeing this week to impose new eco- sponded with an acknowledgment: ‘‘We are suspend charter flights to Cuba and to im- nomic penalties against Cuba, President aware that we are in danger each time we pose travel restrictions on Cuban diplomats Clinton and the Republican-controlled Con- cross the area to the south of the 24th [par- in this country made clear that Havana had gress have proven that, given a choice be- allel], but we are willing to do it as free Cu- attacked not just anti-Castro activists but tween sound foreign policy and pandering to bans.’’ international law itself. the rabid anti-Castro crowd in a critical Ah, but Basulto is not merely a ‘‘free However, the Administration is about to electoral state, they’ll pander. Cuban.’’ He is also a Cuban American. As make a huge mistake by signing into law a In no way do we defend Castro’s dictator- such he reminds me of those zealous Israeli bill, sponsored by Senator Jesse Helms and ship or the outrageous disregard for human settlers who, citing the Bible, declare a cer- Representative Dan Burton, that aims to co- life represented by Cuba’s downing last tain spot divinely zoned for Jewish occupa- erce other countries into joining the Amer- weekend of two small civilian aircraft. But tion and promptly establish a settlement ican embargo of Cuba. By dropping his oppo- in that regard, an old American adage is in- there. The Arabs respond with clenched sition to the bill, Mr. Clinton junks his own structive: Don’t go looking for trouble, it teeth and unsheathed daggers, and the set- balanced policy for encouraging democracy cautions, cause it’ll find you anyway. tlers demand that the Israeli army protect in Cuba and signs on to an approach that will Brothers to the Rescue, an exile group, them. Which side are you on? they demand inevitably slow the opening of Cuban society went looking for trouble by violating Cuba’s to know, ours or the Arabs? The army moves and pick a pointless quarrel with American sovereign air space to drop leaflets and by in. allies. playing hide-and-seek with Cuban jets along In this case, the Clinton administration is The bill threatens foreign companies with its periphery. playing the role of the Israeli army: Deep lawsuits and their executives with exclusion By law, private citizens may not make for- down it has all sorts of reservations about from American soil if they use any property eign policy. Yet the Cuban exiles invited this the United States’ traditional Cuba policy, in Cuba ever confiscated from anyone who is ‘‘crisis,’’ if they didn’t actually manufacture but it cannot afford to show good sense lest now a United States citizen. Some of its pro- it, and suckered both a Democratic president it be seen as weakness. The boycott of Cuba visions appear to violate international law and a Republican Congress into making pol- has done little more than make the Cuban and trade treaties, and the Administration icy to suit their purposes.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1493 Ironically, the new sanctions, while aimed If history is any guide, the courts will not stored in the conference report. I still at isolating Castro and weakening his power, void the rights proposed to be accorded believe it is unwise for Congress to set are certain only to complicate trade rela- Cuban-Americans by the Burton bill; rather up United States Federal courts as tions with key U.S. allies and commercial they will decree, pursuant to the equal pro- tools in the pursuit of foreign policy partners such as Canada, Mexico and France. tection clause of the Constitution, that such Under the sanctions, U.S. visas will be de- rights be extended to other similarly situ- objectives in Cuba, although I take nied to foreign corporate executives—and ated national-origin groups. It is anyone’s some comfort in the new authority pro- their stockholders—if these firms are among guess how many additional hundreds of thou- vided for the President to weigh this those that have invested billions of dollars in sands of litigations will then ensue. provision. Cuban property. (The U.S. is the only nation The second question posed by the Burton Third, I also am disappointed that that observes the absurd embargo of Cuba.) bill is, once a class of hundreds of thousands the conference report goes further than Another provision would allow U.S. citi- of Cuban-Americans judgment creditors the Senate bill in two important areas, zens to file suit against foreign firms uti- against Cuba is created, how will relations which, of course, the Senator from lizing property that was seized by Castro. ever be normalized with that country? The But in a cynical provision designed to neuter answer is that such normalization will inevi- Connecticut also discussed, neither of that very same proposal, the president is tably require the dismissal of the underlying which has had the benefit of examina- granted power to waive the rule every six federal court awards because of the running- tion in the Senate. months to throw out the backlog of antici- sore problems of the attachments in the The conference report would deny pated cases. United States—following the lifting of the United States visas to any person who Like all dictators, Castro shows unwaver- embargo—of Cuban bank accounts, ships, invests in confiscated property in Cuba ing patience in allowing his people to suffer. airplanes, agricultural produce and manufac- But if America wants to influence Cuba to with only two narrow exceptions. We tured items of Cuban origin by hundreds of have allowed no flexibility to accom- liberalize, then more ties—not a trade em- thousands of Cuban-American judgment bargo—is the answer. holders. modate the awkward situations that When those judgments are dismissed by inevitably will arise. The conference [From the Washington Times, Sept. 30, 1995] the president, the issue of liability of the report also codifies in statute all exist- CUBA EXPROPRIATION BILL COULD END UP U.S. government to the Cuban-American ing sanctions and embargoes against COSTING U.S. TAXPAYERS BILLIONS holders of extinguished federal court awards Cuba, stripping this President and fu- In his Sept. 25 Op-Ed, Rep. Dan Burton un- inevitably will arise. ture presidents of the flexibility to re- derstates an important aspect of his Cuban It is not alarmist to warn that the U.S. spond step-by-step to changes in the taxpayer may well be made, under the Fifth Liberty and Democratic Solidarity Act of situation in Cuba. 1995 (‘‘Cuban-American claims . . . and coun- Amendment ‘‘takings clause’’ of the Con- terclaims’’). stitution, to indemnify hundreds of thou- For these many reasons, I would pre- Mr. Burton says that his proposed legisla- sands of Cuban-Americans in the amount of fer that we enact something other than tion will allow U.S. citizens to sue ‘‘for- approximately $95 billion. this bill. But, Mr. President, that is eigners’’ who ‘‘buy or use’’ expropriated If anyone doubts that Mr. Burton’s bill not an option. Nobody has done more properties in Cuba. The litigation provisions harbors such consequences for the U.S. to ensure enactment of this legislation of Mr. Burton’s bill, like Sen. Jesse Helms’ Treasury, then he or she might usefully con- than Fidel Castro himself. By shooting counterpart Cuba bill that is awaiting action sult the Supreme Court’s opinion in Dames & down two American civilian airplanes in the Senate, are far broader than that. Moore vs. Regan, 453 U.S. 654 (1981). We In fact, the nation of Cuba itself will be the should hope that the Senate, member by last week, he demanded that we re- chief defendant in the 300,000 to 430,000 law- member, will do precisely that before voting spond. suits that will be filed in the federal courts on Mr. Helms’ bill—Robert L. Muse, Wash- I strongly believe we must respond to of Florida by naturalized Cuban Americans if ington. this latest provocation and that Amer- Mr. Burton’s bill becomes law. Mr. DODD. I yield the floor. ica should speak with one voice on this It is this aspect of the bill that its pro- Mr. COVERDELL. Mr. President, I matter. While this particular legisla- ponents tend to downplay. The reason such tion would not be my preference, it an avalanche of litigation is inevitable is yield 5 minutes to the Senator from that the bill bestows—in flagrant disregard Kansas to speak on behalf of the con- clearly is the preference of the Repub- of international law—a set of retroactive ference report. lican leadership in both houses of Con- lawsuit rights against their native country The PRESIDING OFFICER. The Sen- gress. It now is the preference of the upon Cuban Americans who were naturalized ator from Kansas. President of the United States. I am in the United States after suffering property Mrs. KASSEBAUM. Mr. President, I one who believes the President should losses in Cuba. appreciate the Senator from Georgia have some discretion to shape U.S. for- Unfortunatley, the unprecedented rights yielding. I intend to vote in favor of eign policy. that are intended to be conferred on Cuban The situation reminds me of a young Americans by the bill are at the expense of this conference report despite some se- U.S. citizens who do have rights under inter- rious reservations about several of the cowboy who worked hard each week to national law with respect to Cuba—that is, provisions. earn money so he could ride into town the 5,911 holders of $6 billion in claims cer- The Senator from Connecticut has each weekend and play poker. He al- tified against that nation by the Foreign just spoken strongly about several of ways lost. After months of watching Claims Settlement Commission in the 1950s. the same reservations that I hold, al- him lose, a sympathetic bartender (One such certified corporate claimant is my though I suggest, Mr. President, I pulled him aside one evening and said, client, Amstar.) think some of the examples he has ‘‘Son, I just want you to know, this If the lawsuit provisions of Mr. Burton’s bill become law, certified claimants will see given about unintended consequences game is rigged. The cards are marked. their prospects of recovering compensation might be a bit exaggerated. The deck is stacked. And the dealer from an already impoverished Cuba extin- I would like to outline some of my keeps an ace up is sleeve.’’ guished in a sea of Cuban-American claims concerns and the reasoning for them. ‘‘I know,’’ replied the young cowboy. that have been estimated by the State De- First, I question whether this bill, on The bartender was flabbergasted. partment at approximately $95 billion. the whole, moves us in the right direc- ‘‘You know?’’ he exclaimed. ‘‘Then why It is ironic that a pair of well-meaning Re- tion. The laws of nature dictate that do you keep coming back?’’ publican legislators are threatening with Castro cannot remain in power forever, ‘‘That’s simple,’’ replied the cowboy. their bill (1) to create a litigation explosion and I am skeptical that the best means ‘‘This is the only game in town.’’ in this much-heralded year of tort reform, and (2) to destroy or gravely damage the ad- at this point of ensuring a peaceful Mr. President, there is no other op- judicated interests of one group of Ameri- transition is to further tighten the tion before this body for those of us cans in an era of supposed greater protec- noose around Cuba, despite the out- who believe strongly that the United tiveness of the property rights of U.S. citi- rageous acts of a week ago. States must respond to Fidel Castro’s zens. Second, I remain concerned about latest outrage. Despite its faults, this The bill raises two further serious ques- title III of the legislation, as has been legislation is the only game in town. tions. First, on what principled basis are the addressed, which allows new lawsuits For that reason, I will support it. lawsuit rights proposed to be given Cuban- I yield back any time I may have, Americans to be denied other national-origin in Federal court against investors of groups (e.g., Vietnamese-Americans, Chi- property that was confiscated in Cuba. Mr. President. nese-Americans, Polish-Americans, Pales- I opposed this provision when the leg- Mr. COVERDELL. Mr. President, I tinian-Americans, etc.) that have suffered islation first came before the Senate, yield 4 minutes to the distinguished property losses in their former countries? and I am disappointed it has been re- Senator from Texas.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1494 CONGRESSIONAL RECORD — SENATE March 5, 1996 The PRESIDING OFFICER. The Sen- ment, and hasten the day that it will I want to deal with that for a minute, ator from Texas [Mrs. HUTCHISON] is fall. Mr. President. This world today is recognized. The legislation before us will rein- sieged with acts of terrorism. All of our Mrs. HUTCHISON. I thank the Chair state and reaffirm United States eco- hearts are filled with compassion and and the manager of the bill, Senator nomic sanctions, it will deny foreign sadness for the people of Israel today COVERDELL. investment and hard currency to sus- for the total useless taking of life in Mr. President, the premeditated, tain this corrupt government, and it those recent terrorist acts. We admire cold-blooded murder of four American will protect the interests of American the courage the people of Israel have citizens by Cuban war planes last Sat- citizens whose property was seized ille- shown in the face of these attacks. urday is an outrage, an outrage against gally by the Cuban Government. Just over a week ago, four innocent the United States of America, against Without huge Soviet subsidies that lives were lost in the Straits of Florida international law, and against every propped it up for decades, the provi- due to the Cuban shoot-down of two un- concept of human decency. Neither the sions of this legislation will inevitably armed civilian aircraft. These acts, at United States nor the world commu- bring the Castro government to the the explicit direction of Fidel Castro, nity can allow these murders to go brink of two alternatives: give up were first-degree, premeditated mur- unpunished. The four Americans who power voluntarily, or have it taken der—offenses which would be punished were killed were part of Brothers to away by the long-suffering Cuban peo- in the United States upon conviction, the Rescue, an organization that has ple. The goals of United States policy and in most instances with the death helped to save countless Cuban citizens toward Cuba must be: the end of the penalty. I regret the level of reaction who risked their lives to flee oppres- Castro regime, and the opportunity for by the current administration. But this sion and poverty in their country. freedom and democracy for the Cuban legislation will go further and bring Without the Brothers’ heroic, humani- people. about, through economic means, an in- tarian efforts, thousands of Cuban fam- Mr. President, we must do more than centive to stop it, because terrorism ilies would have died on the open seas. we are even doing today. This is a step knows no boundaries, and unless it is How did the Cuban Government react in the right direction, and I am pleased thoroughly and unanimously oppressed to this heroism? How did it reward that we are going to pass this impor- across the board, it will spring up else- those who had saved thousands of its tant legislation. I am also pleased that where, as we see in this very troubled own citizens? It carried out the ruth- the President has thought better of his world today. less execution of four of these brave earlier opposition to this legislation. Castro’s total lack of support for Americans. But we must also address another ur- democratic reform, and his lack of The Cuban Government can try to gent problem, and that is the threat willingness to even attempt to provide some economic recovery for his re- argue that its actions were justified as posed by Cuban construction of two nu- pressed people, brought about, in some an act of self defense, but the whole clear reactors. These reactors are fa- world knows the truth—that Cuban measure, this legislation. tally flawed—Chernobyls in the mak- The Cuban Liberty and Democratic MiG’s pursued and shot down the crews ing. In the event of a meltdown, lethal Solidarity Act—what a fine name that of two unarmed Cessna aircraft. radioactivity would threaten the entire is—contains three primary objectives: The whole world was watching, Mr. southeastern United States. These two To strengthen international sanctions Castro. It was not self-defense. It was reactors cannot be allowed to go on- against the Castro regime, to develop a cold-blooded murder. line. This is a matter of direct and plan for future support for a free and We are shocked by what happened vital national security interest to the independent Cuba, and provide for the the weekend before last, but nobody United States. protection of property rights of United should be surprised. Mr. Castro is a Our allies and the Cuban Government States nationals. brutal dictator with no regard for basic must understand that we cannot per- I firmly believe that this legislation, human rights, no respect for inter- mit the existence of this threat to our if passed and signed into law by the national law, and he has an abiding ha- country. So I call on the President President, will greatly enhance the tred for the United States and every- today to take the lead in coming to likelihood that Cuba, some day, will thing it stands for. grips with this impending crisis. join the other nations in this hemi- This is a man responsible for the suf- I extend my sympathies to the fami- sphere with a democratic form of gov- fering in Cuba—hunger, forced labor, lies of the four brave men who lost ernment and a freedom to which those oppression, and worse. This is the man their lives in the name of freedom. people are entitled. who has exported military equipment Nothing can replace the husbands and Mr. President, as I look through the and Cuban soldiers to foment civil war fathers they lost. But it would be a fit- technical aspects of this legislation, I in nations in our hemisphere and ting testament to the sacrifices of would like to address a question, for around the world. This is the man who these American patriots if the tragedy clarification, to the distinguished man- tried to put his finger on the launch strengthened American resolve and ager of the bill. It is about a concern I button of nuclear missiles aimed at the thereby hastens the day that the Cas- have with respect to the $50,000 limita- United States. tro dictatorship crumbles and freedom tion in section 302 of title III. It seems Mr. President, he is an evil man. A is restored to the people of Cuba. to me that a lot of people under the fig- series of American Presidents, Repub- Thank you, Mr. President. ure of $50,000 are severely injured, as licans and Democrats, have understood Mr. COVERDELL. Mr. President, I are those above the figure of $50,000. To this and have sought to isolate and in- yield 4 minutes to the Senator from them, the few dollars they could re- dividually bring down his government, Virginia. cover, with a lesser cap, is of equal im- for the good of the Cuban people and The PRESIDING OFFICER. The Sen- portance to them and their families— the world. Nevertheless, Mr. Castro al- ator from Virginia [Mr. WARNER] is rec- and to try and assure their life in this ways has had his apologists in this ognized. country to be a better one—than the country. Until Saturday before last, it Mr. WARNER. Mr. President, I join higher limit. I know it was a difficult had become popular in some circles to others in expressing our profound ap- decision. But if the distinguished Sen- see him as ‘‘older and mellower,’’ a preciation to the chairman of the For- ator from Georgia could give me some more ‘‘moderate’’ revolutionary Com- eign Relations Committee, the Senator background on that particular issue, I munist. That view of a ‘‘kinder, from Georgia, and other colleagues on would appreciate it. gentler’’ Fidel Castro was evidenced in that committee, for their absolute Mr. COVERDELL. Mr. President, the the recent relaxation of travel and steadfast determination to bring this $50,000 cap comes from the workings of other restrictions against Cuba. The measure to the Senate for a vote and the Congress itself. The distinguished folly of appeasement and accommoda- eventually for passage and enactment Senator from Connecticut, in his oppo- tion is now tragically apparent. into law. That took real courage. And sition to the bill, and several others, Today, we will act to restore United it is regrettable that the final impetus were worried about a flood of court States policy to its previous and proper to get this legislation passed had to cases, and so the cap was placed to ad- direction—to isolate the Castro govern- come in a week of absolute tragedy. dress that concern. There are some

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1495 500,000 claims, or so some opponents previously had been reserved for the Each leaflet reproduced one of the Uni- claim, that could have come into the citizens of Cuba. This time, Fidel Cas- versal Articles on Human Rights. This court system without the cap. So in re- tro extended his violent reach outside is information the Cuban people do not sponse to the concern that the court his own airspace. have because the Castro regime refuses system could not manage this number These men knew, when they em- to allow a free press, or the free ex- of claims, the cap came into play. Sec- barked on their mission, that it in- change of ideas. ondarily—— volved significant personal risk. But MAKING THE BROTHERS’ MISSION OUR OWN Mr. WARNER. To make that fair, Mr. they also believed that the suffering of Changes are afoot in Cuba. The best President, in other words, the initia- the Cuban people demanded courage in way we can take advantage of those tive to put the cap in came from those the face of risk. changes and bring democracy, pros- originally opposed to the legislation? The brave, tireless, humanitarian perity, and an end of the Castro regime Mr. COVERDELL. Absolutely. Sec- acts of Brothers to the Rescue must to Cuba is to make the Brothers to the ond, the focus of this bill is to discour- live on despite the deaths of these Rescue mission our own. age and chill economic joint ventures brave pilots. The Brothers are committed humani- with Castro. Economic joint ventures Mr. President, their mission must be- tarians, They reach out to all people in do not involve residential housing come ours. need. properties, instead they deal with the CASTRO OPPRESSES, THE BROTHERS RESCUE Last week, I had the privilege of broad commercial properties. So there While Fidel Castro has terrorized the meeting with some of the family mem- were these two reasons for setting the Cuban people, Brothers to the Rescue bers and friends of the lost pilots. One $50,000 cap. I, myself, more than wel- has extended the hand of brotherhood of them recounted a story about Mario come the opportunity at some later to his victims. De La Pena, a 24-year-old Miami resi- point to lower the cap to zero. Fidel Castro has never hesitated to dent who had flown with Brothers to Mr. WARNER. Mr. President, with resort to violence to protect his auto- the Rescue for several years. that assurance, I depart the floor bet- cratic rule. Last weekend’s incident is Last Christmas Eve, Mario was re- ter informed, because if at a later time a perfect example of that inclination turning home from a mission when he Congress, looking at how well this act toward violent action. spotted a man stranded in the water. has performed and will serve the goals Brothers to the Rescue deplores vio- The man was not a Cuban rafter, but in here, would begin to consider that lence. Their mission is strictly human- Mario dropped supplies anyway. Mario perhaps there is a hardship, and could itarian. Its leaders receive training at flew home to join his family for Christ- address that. the Martin Luther King Center for mas Eve, but the thought of this man Mr. COVERDELL. I join the Senator Non-Violence in Atlanta. Its leaders trapped in the Straits of Florida during in welcoming that. speak and practice Gandhi’s precepts of Christmas haunted him. Mr. WARNER. I yield the floor. nonviolence. The next morning, he woke up early Mr. COVERDELL. Mr. President, They use volunteer pilots to search and flew back to check on the stranded how much time remains on the pro- for Cuban rafters and others in need of boater. ponents side? rescue. They drop bottled water, pro- To his relief, the man was fine. He The PRESIDING OFFICER (Mr. tective clothing, and other needed sup- was soon rescued, and later that day, ASHCROFT). The Senator from Georgia plies to those refugees. Mario saw the man on television, jubi- has 161⁄2 minutes. Mr. COVERDELL. I yield to the Sen- Castro has harassed thousands of lant and relieved. Mario’s friends tell ator from Florida for 10 minutes. Cuban journalists and thousands of me that this rescue, and the others he Mr. GRAHAM. Thank you, Mr. Presi- nonviolent political dissenters. Re- participated in, were among the big- dent. I appreciate the opportunity to cently: gest thrills of his life. speak today on this very important July 11, 1995: Cuban police initiate a The United States must continue to issue. widespread crackdown on independent support people-to-people humanitarian Mr. President, as an original cospon- journalists; efforts to free Cuba. We must continue sor of the Helms-Burton bill, I urge my February 16–24, 1996: Castro cracks our support for those non-govern- colleagues to support this legislation, down on the nonviolent Concilio mental organizations working to en- which has taken on increased impor- Cubano, a coalition of 131 prodemoc- courage democracy in Cuba. tance as the level of repression has es- racy dissident groups; and The Brothers rescue people in danger. calated both within and outside Cuba. On February 24, Castro murdered The determination to rescue Cubans For 37 years, Fidel Castro has held four U.S. citizens over international from Castro’s enslavement was em- the Cuban people hostage to his brutal waters. bodied by Armando Alejandre, who also repression and mismanagement. He has The Brothers have rescued more than lost his life on February 24. Armando brazenly violated their human rights. 5,000 men, women, and children refu- didn’t just look for rafters in the Since 1992—a year after the collpase gees from the waters of the Straits of Straits of Florida. He carried food and of the Soviet Union and its subsidiza- Florida. supplies to Cuban refugees stranded in tion of Cuba’s economy—United States First flight: May 15, 1991. the Bahamas. And he never passed on Cuba policy has been based upon tight- Total flights: Over 1,780. an opportunity to criticize the Castro ening the economic embargo around SOME WILL ACCUSE BROTHERS TO THE RESCUE regime for its brutal suppression of Castro’s neck, while at the same time OF BEING PROVOCATEURS rights. extending the hand of democracy and To be sure, there were instances The enslaved people of Cuba are in human rights to the Cuban people. where the organization’s commitment danger of further abuses by the Castro The Cuban Democracy Act of 1992 exceeded its charter. On several occa- regime. We must rescue them. started us down this road. Today’s ac- sions, they have penetrated Cuban air- The fallen Brothers pilots were brave tion will accelerate our pace. space and dropped leaflets. men. They took enormous risks to Our drive to free Cuba from Castro’s Two such occasions were: bring hope to the Cuban people. grip would benefit from the example of June 1994—returning from Guanta- Another one of last weekend’s vic- an organization whose bravery, self- namo Bay, dropped Brothers to the tims was a young man named Carlos lessness, and unflagging humanitarian Rescue bumper stickers on Eastern Costa. His sister tells me that he was spirit deserves recognition on this his- Cuba; July 13, 1995—dropped leaflets on terrified of the small Cessna he flew for toric occasion. Havana. Brothers to the Rescue. The winds in On February 24, four brave members These were leaflets—their impact on the Straits of Florida violently buf- of Hermanos al Rezkate—Brothers to Cuban citizens was the power of their feted his plane and frightened Carlos the Rescue—lost their lives at the ideas. and his passengers. Yet he volunteered hands of a dictator and his brutal re- These actions, however, were taken to fly his rescue plane every week. He gime. to provide the Cuban people with infor- flew on Christmas and other holidays. They were the victims of a pattern of mation they are badly lacking—infor- We must also be willing to take risks escalating human rights abuses that mation on their basic human rights. to hasten Castro’s fall from power. We

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1496 CONGRESSIONAL RECORD — SENATE March 5, 1996 need a tougher, more ambitious Cuba Cuban military plane on the United tionship with the United States and policy. States naval station near Key West, U.S. business and still run roughshod The Brothers were tireless, searching FL. He landed that plane unchallenged. over the rights of his people. He is a every mile of the Straits of Florida for Castro has made repeated threats member of a dwindling circle of Cuban rafters. against a major nuclear power facility friends. Fidel still believes in building Some of the most determined were in the southern portions of my State. a utopian socialist society. A fraudu- those pilots who had once been rafters We must expand our efforts through lent nationalist, he believes his people themselves. Pablo Morales was one of television and Radio Marti to reach out incapable of the exercise in self-govern- those pilots. He fled Cuba on a raft in to the people of Cuba. ment we have witnessed from Haiti to 1992 and quickly became an active vol- Mr. President, this past weekend, the Russia. Fine—he can believe what he unteer in Brothers to the Rescue. remaining members of Brothers to the wants to. But he should not expect to He returned to help others on Feb- Rescue led another mission in the have his egomaniacal dreams of totali- ruary 24—Castro sentenced Pablo Mo- Straits of Florida. This time, their goal tarianism and socialism subsidized by rales to death in these same Straits of was not to rescue but to celebrate the Americans. Florida. memories and brave acts of those four This is why I support the Cuban Lib- We must be as vigilant as Pablo was. fallen pilots. erty and Democratic Solidarity Act. It We must not rest until we have As they have for the past 5 years, the makes the choice for Cuba clear. searched for every possible way to boats and planes dispatched on this The bill codifies the existing embar- force Castro from power. mission encountered tremendous obsta- go of Cuba. Many of the actions taken SEIZING THE DAY—MORE PRESSURE ON CASTRO cles. Mother Nature greeted them with in response to Fidel’s outrages, includ- Fidel Castro has once again shown rough seas, black skies, pounding rain, ing President Clinton’s recent re- that he is a brutal dictator. We must and fierce winds. sponse, have been done by Executive reiterate our commitment to ending But when the flotilla stopped to lay order. By including them in this bill, his stranglehold on Cuba. wreaths and hold religious services in we have ensured that they will not be How? There are three ways: memory of their fallen colleagues, the overturned without a genuine demo- First, enact Helms-Burton. black clouds disappeared. For a mo- cratic transition in Cuba. This will tighten the economic ment, the Sun came out and shone The bill also builds on the current chokehold on Castro, and sharpen his down on the boats gathered below, as if embargo in important ways. It at- isolation from his own people. to smile upon their mission. tempts to freeze foreign investment in This will continue the work of the Mr. President, for the last 5 years, Cuba by denying United States visas to Cuban Democracy Act, which began Brothers to the Rescue has been a ray those who improve on investments in our effort to sanction and isolate the of light in the black clouds hovering confiscated property; by giving, with the approval of the President, United Castro regime with one hand, and over the Cuban people. If we are to States citizens the right to sue those reach out to the Cuban people with the turn that ray of light into permanent who invest in confiscated property; and other. sunshine, the United States must sa- by barring Cuba from international fi- Helms-Burton will help us in our goal lute their mission by making it our nancial institutions. of building democratic sentiment own. The bill also restricts assistance to I urge my colleagues to do that by among the Cuban people. Russia in proportion to the assistance Second, work with our allies to bring supporting the Helms-Burton Cuba Russia offers Cuba. This is an espe- international pressure to bear on the sanctions bill. cially important provision. It is high Mr. MCCAIN. Mr. President, increas- Castro regime. time that we make a concerted at- Last month, I visited Chile to assess ingly an anachronism in the affairs of tempt to enlist the support of our al- the shape of United States-Chilean re- the world, Fidel Castro has burnished lies and friends in the efforts to end the his credentials as the Western Hemi- lations. And though Chile maintains Castro dictatorship. diplomatic relations with the Castro sphere’s most vicious dictator. Unfor- The bill provides for a lifting of the government, I was pleased to return tunately for the four downed Brothers- embargo in response to democratic with a firm commitment that Chile to-the-Rescue pilots and their families, change in Cuba. will support the U.N. resolution con- and the members of Concilio Cubano, Castro has a choice. He can continue demning Castro’s human rights abuses. he has again turned to terrorism to as- to isolate his nation, or by allowing his Third, assess our preparedness for sert his control over the Cuban people. people to exercise their God-given dealing with Castro in the future. All of the overtures made by the rights, he can bring his nation the ben- We must maintain a clear under- Clinton administration, some Members efits of a relationship with the United standing of what our objectives are: To of Congress and the business commu- States. support the legitimate aspirations of nity have failed to pacify Fidel Castro. I do not know how long it will take the Cuban people to replace Fidel Cas- Only weeks ago he arrested more than before the pressure of the tightened tro with a democratic, human rights- 50 Cuban citizens in anticipation of a embargo has its intended effect. It may friendly government that brings about conference by the dissident coalition still be years away. I do know, how- the political and economic reconstruc- Concilio Cubano. Apparently, Castro ever, that one day democracy will tion of Cuba. felt so threatened by a peaceful assem- come to Cuba, and that in the mean- In the future, we cannot afford to bly of free Cubans that he disregarded time, Americans should do everything wait 48 hours to issue a response. That the concern of the international com- in their power to withhold support is an unacceptable delay. Our Govern- munity. To his relief, the Concilio from a government that so thoroughly ment needs to develop an anticipatory Cubano conference was canceled. denies its people their basic rights. I stance. We need contingency plans that Determined to maintain control over believe the bill before us does that. can be implemented swiftly and judi- the information and views to which his Ms. SNOWE. Mr. President, I will ciously. countrymen are exposed, Fidel also keep my remarks brief, as I know there We must be committed to a response seeks to limit dissent from abroad. He are so many of my colleagues who wish which is proportional to the offense. has always been too weak to directly to add their voices in support of this As the Helms-Burton and other sanc- confront the United States and termi- conference report. As a member of the tions take hold, we must anticipate the nate our efforts to bring freedom to the Foreign Relations Committee, and as potential for further escalation of at- people of Cuba. But Fidel Castro can no an original cosponsor and conferee on tacks against U.S. citizens and U.S. in- longer even muster the strength to ter- this landmark legislation, I rise in the terests. This means making certain rorize our friends in Latin America. He strongest possible support for the that our borders are secure from Cas- has been reduced to lashing out at un- Cuban Liberty and Democratic Soli- tro’s terror. armed Americans guilty only of stray- darity Act. I continue to be concerned about in- ing too close to his Marxist paradise. Before going further, I would like to cidents such as that which occurred in Fidel Castro cannot have it both join so many other Americans in ex- 1994, when a Cuban defector landed a ways. He cannot cultivate a new rela- pressing personal outrage at the most

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1497 recent crimes of the Castro regime. tinued access to intelligence-gathering that will offer a tough, united response Just 11 days ago, Cuban dictator Fidel facilities in Cuba. to the recent destruction of two small Castro ordered the shooting down of Calls on the President to develop a planes and four American lives by two unarmed civilian small planes over plan for providing support to Cuba dur- Cuban MiG’s. While I would have pre- international waters, murdering four ing that country’s transition to a ferred a compromise which eliminated American citizens. I extend my deepest democratically elected government. titles III and IV of the conference re- sympathy to the victims’ families. Also permits during the transition port, the agreement moves us in the They deserve justice for Castro’s mur- period Eximbank financing, Overseas right direction. derous, tyrannical act, and this legisla- Private Investment Corporation-sup- I believe all of us are united in our tion is a first step in process. ported investment projects, Trade and desire to see a peaceful transition to For 36 years, Castro has ruled Cuba Development Agency assistance, democracy in Cuba, Mr. President. The with an iron, totalitarian hand. But as counter-narcotics assistance, and downing of the planes heightened the he steadily impoverished and brutal- Peace Corps assistance. concerns of many of us that we should ized the Cuban people, his key source Fully terminates the United States take further steps to bring about this of support came from massive subsidies trade embargo upon President’s certifi- transition. There are many differences from the old Soviet Union. But since cation of a democratic government in in how we reach our goal of a demo- the 1991 collapse of the Soviet Union, Cuba, and provides for extension of cratically elected government in Cuba. those subsidies have ended, the ideolog- most-favored-nation status. While I supported the Senate version of ical underpinnings of his tyranny have Mr. President, with Castro’s regime the Helms-Burton legislation, I had evaporated, and his regime has come facing its gravest crisis ever, it is im- some problems with the possible inclu- under pressure as never before. portant to understand that his decision sion of titles III and IV of the House Castro has tried to compensate for to kill four innocent Americans in cold bill in a conference agreement. Fortu- the loss of Soviet aid by developing a blood is not an isolated act. This ac- nately, the conferees added waiver au- hard-currency tourist industry. To tion came on the heels of yet another thority to enable the President to build that industry, he has sold off at brutal crackdown on the Cuban people waive title III, and, in effect title IV, fire-sale prices confiscated American just the week before. From February 15 for national security reasons or if nec- property to foreign companies for de- to 18, Castro ordered arrested 50 leaders essary to promote a democratic transi- velopment. The purpose of this bill, of the Concilio Cubano, an pro-democ- tion. among other things, is to deter these racy umbrella group similar to Po- Because election pressures may make kind of actions by foreign companies land’s Solidarity movement. a waiver difficult, I would like to re- who may be tempted to invest in Cas- The arrest was Castro’s answer to mind my constituents what my con- tro’s Cuba at the expense of uncompen- their attempt to simply hold a meeting cerns with titles III and IV are. In my sated Americans. to discuss the future of democracy in judgment, these titles will cause more This bill accomplishes that in two Cuba. Many of these pro-democracy harm to our own country than to serve ways. In title IV it applies mandatory leaders have already been convicted by their intended purpose of limiting for- travel restrictions on top Cuban Gov- the Castro regime, and have joined the eign investment in Cuba and thereby ernment and foreign individuals who thousands of Cuban political prisoners exacerbating Cuba’s economic prob- participate in trafficking in con- that today languish in Cuba’s gulags. lems, which would increase pressures fiscated American property. Perma- I would like to recognize the stalwart for a new government. nent exclusion from the United States leadership of the sponsor of this legis- To remind my colleagues, there was is a serious sanction that will give any lation and the distinguished chairman concern about titles III and IV in the multinational firm second thoughts of the Foreign Relations Committee, Senate, and neither of these titles was about taking possession of stolen U.S. Chairman HELMS. I also congratulate included in the Senate version of the property. the leadership of the chairman of our In title III, the bill permits American bill. Modified versions of both titles Western Hemisphere Subcommittee, citizens to bring suit against foreign are included in the conference report, Senator COVERDELL, who is managing persons who traffic in their confiscated along with the waiver authority. this conference report today. Together, My primary concern with title III is property in Cuba. To obtain the admin- they have been unswerving in their its extraterritorial reach. I have con- istration’s support for this bill, in con- commitment to supporting the efforts cerns with laws which attempt to im- ference we granted the President re- of the Cuban people to bring freedom pose our own laws and standards on newable 6-month waiver authority. But this still achieves the main goal of this and democracy to that long-troubled other countries that they face costly title by creating an environment of un- island nation. lawsuits if they seek to invest in Cuba I would also note that in both the certainty that foreign firms will want on properties which ownership 37 years House and Senate this has long been a to avoid. ago may be difficult to verify, is un- All would-be foreign traffickers in bipartisan cause, and I hope and expect wise, in my judgment. This kind of confiscated United States property in that this conference report will receive U.S. attempt to infringe on the sov- Cuba will be put on notice that if they overwhelming support from both sides ereignty of other nations should con- would always be within 6 months of of the aisle. The bipartisan nature of cern us. having legal action taken against them this bill is further demonstrated from Some of our allies have commu- in the United States for their actions. the fact that last week, after Castro’s nicated to us that they do not view And this presupposes that the Presi- brutal action against innocent Ameri- their investment in Cuba any dif- dent will even initially invoke his cans, President Clinton himself gave ferently than our own efforts to invest waiver authority, which in the current his support to this legislative initia- in Vietnam or China, which also could climate is not, I believe, a foregone tive. Now, we will be able to move for- be on disputed properties. It is possible conclusion. ward together to strengthen our Na- that one or more of these countries This bill also: tion’s resolve to see an end to 36 years could reciprocate against us in the fu- Calls for an international embargo of totalitarian rule just 90 miles from ture, in injuring United States compa- against Cuba. our shores. nies and jobs. Prohibits any United States loans to Again, Mr. President, I would like to While I sympathize with anyone who foreign individuals who purchase congratulate the efforts of all those has had property confiscated in any United States-owned property con- who worked on this bill over the past country, I believe the foreign claims fiscated by the Cuban government. year. I urge my colleagues to join in settlement process is the right way to Requires the United States to vote supporting the conference report we pursue property claims for United against multilateral bank loans to will soon be adopting. States citizens. There are many cer- Cuba until the country has had a demo- Mr. GRAMS. Mr. President, I am tified claimants now eligible for claims cratic election. pleased that the conferees on H.R. 927, against the Cuban Government for con- Disapproves of Russia’s $200 million the ‘‘Liberatad bill’’ were able to reach fiscated properties, which will be pur- in loans to Cuba in exchange for con- an agreement with the administration sued once a transition has occurred in

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1498 CONGRESSIONAL RECORD — SENATE March 5, 1996 Cuba. This bill was designed to help dent will exercise his authority to This bill includes a number of provi- Cuban-Americans, who were not United waive title III. sions which would: strengthen inter- States citizens at the time of the take- Mr. CRAIG. Mr. President, I am national sanctions against the Castro over, receive similar benefits through pleased to speak today in support of Government in Cuba; develop a plan to the courts. Now, those citizens would the Cuban Libertad Act. support a transition government lead- have the right to pursue their claims in We were all troubled by the an- ing to a democratically elected govern- Cuba once a transition occurs, which nouncements that two civilian aircraft ment in Cuba; and enact provisions ad- would be a parallel effort to that of our belonging to the Brothers to the Res- dressing the unauthorized use of own certified claimants. Title III would cue, Organization had been shot down United States-citizen-owned property provide a private right of action in by a Cuban MiG–29. However, this confiscated by the Castro government. Federal courts to all United States event, described by the President and Mr. President, I am pleased that citizens, including the Cuban-Ameri- other world leaders as ‘‘abominable’’ President Clinton has committed to cans who were not citizens at the time and ‘‘abhorrent,’’ was not an isolated support and sign this legislation. of confiscation. This is a radical depar- incident. Rather, it was the most re- Mr. President, some Senators and cent act of aggression perpetrated by ture to our traditional use of the Members have concerns about the Castro’s tyrannical regime. courts and is contrary to international ramifications of this legislation. I re- law. Despite efforts to narrow this In the last few years, the Castro gov- ernment has taken a hard-line position spect those concerns and am pleased right of action, this change will create that the sponsors of the legislation a precedent in our courts that would and has continued to tighten the crackdown on dissent, arrested human have done such an excellent job of allow this right to be extended to natu- working on addressing some of those ralized citizens of over 85 countries rights activists, and staged demonstra- tions against their regime’s critics. concerns. Certainly, some concerns where we have had similar property Mr. President, the harassment, in- that I had with respect to certified disputes. This would result in a flood of timidation, and beatings of activists claimants under title III have been ad- lawsuits at a time we are striving for was well documented. dressed. I appreciate the efforts of tort reform. Dissidents and political prisoners Chairman Helms, and his staff. One inconsistency in title III is that were routinely subjected to a variety of In closing, I would just reiterate that only properties valued over $50,000 at actions. For example, sleep deprivation this bill is a response to far more than the time of confiscation can be in- in prisons was used to coerce state- the recent attack on civilian aircraft. volved in the lawsuits. I am not sure ments from inmates. In addition, pris- It is a response to the continued ag- how this would accomplish the bill’s on conditions were characterized by gression of Castro’s regime. authors’ goal of limiting foreign in- habitual beatings, severe overcrowding Mr. HATCH. Mr. President, today we vestment in Cuba. And again, despite and a lack of food, and medical care. are again debating U.S. foreign policy this attempt to limit the right of ac- Arbitrary arrests, detention, and toward the Communist regime of Fidel tion, I still believe a court precedent is exile are routine methods of discour- created for an expanded right of action Castro. We are here to strengthen the aging dissidents from speaking out in the future. policy that the majority of both par- against the Government. Freedom of The language which would terminate ties have supported for over 30 years. the right of action for new cases once a expression is severely restricted. One And, we are here to show that as long democratically elected government is person was arrested for wearing at t- as Mr. Castro and his brutal regime re- in power combined with the President’s shirt which said, ‘‘Abaja Fidel,’’ which main, he shall see no easing of that current authority under the Inter- means ‘‘Down With Fidel.’’ This indi- policy. national Emergency Economic Powers vidual was taken to a police station, That policy has been one of economic Act to nullify any claims and judg- beaten and held incommunicado for 8 containment and diplomatic isolation. ments against the Cuban Government days. He was finally tried and sen- That policy has worked. It has isolated after a transition also concerns me. tenced to prison for 6 months. a brutal regime and restrained its abil- This sounds attractive, but many legal Mr. President, 1994 was also a period ity to undermine stability around the of tyranny on the high seas. In April experts have concluded that these citi- world. and July of that year, the Cuban Gov- zens would have private property Unfortunately, this policy has not ernment was implicated in the sinking rights under the takings clause of the forced Castro from power, nor elimi- of two vessels which resulted in the fifth amendment. So what will happen nated his ability to cause mayhem deaths of a number of people, including is that Cuba won’t have to pay any about the world. Castro was still able children. judgments—the United States tax- to send his forces to Angola, pro- payers will pay. They will pay treble President Clinton has referred to the attack in the press as, ‘‘An appalling longing that war as a payback to Cas- damages for property confiscated from tro’s Soviet masters. Our containment people who weren’t citizens at the reminder of the nature of the Cuban re- gime: repressive, violent, scornful of policy did not prevent Castro’s hench- time. United States citizens who were men from conspiring with Latin Amer- certified claimants for years will be international law.’’ I couldn’t agree with him more. It is ican drug bosses to smuggle cocaine only partially reimbursed from funds poison into our country. And, our pol- negotiated from the new Cuban Gov- another action taken by Castro that shows nothing but disregard for human icy did not prevent Castro from shoot- ernment. ing down two unarmed airplanes in Title IV forces the President to re- life, let alone international law, norms, international airspace last week, kill- strict visas for any foreigner who traf- and values. ing four American citizens. fics in any property under dispute. For- This action requires more than just a tunately, this language was made pro- rhetorical response. Therefore, I am But, Castro’s behavior should never spective, for new investments. Further, pleased that we will be voting today on surprise us. His regime is built on op- it would not kick in if title III is the conference report to the Cuban pression; his currency is flagrant dis- waived. It is further limited since visas Libertad Act, or Helms-Burton Act, as respect for basic human rights. are not currently required for residents it has been referred to in press ac- Now that Fidel Castro’s tab at the of all countries which may be subject counts. Moscow cafe has been closed, we see to this restriction in the future. How- President Clinton announced a series how desperately his regime is to sur- ever, this title could affect multi- of actions he proposed in response to vive. Without rubles and oil, the dic- nationals with thousands of employees this unwarranted attack. These in- tator of Havana stands without the globally in the future, most of whom cluded; ensuring that the families of slightest shred of a functionary econ- would have had nothing to do with de- the pilots are compensated; imposing omy. Without his Soviet sponsors, Em- cisions to invest in Cuba. In a global restrictions on Cuban nationals trav- peror Castro has no clothes. Our em- economy it could be counterproductive eling in the United States; suspending bargo has ensured that the United to limit this type of access. United States charter flights into States has not in any way participated Mr. President, I support this con- Cuba; and, passing the Helms-Burton in granting a figleaf of legitimacy to ference report but hope that the Presi- Act. the aging strongman.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1499 I say let us strengthen our embargo. echism. The evaporation of Soviet sub- vigilant rather than provide suste- If Castro wishes to use foreign invest- sidies brought more misery for the nance. We must tighten the embargo, ment to replace the rubles from his Cuban people, and Castro, no doubt rather than engage in the ‘‘Lax Ameri- Communist masters, let us at least en- thinking more of Ceausescu than of cana’’ policies of President Clinton. sure that the firms that would succor Havel, clamped down even more. Mr. President, this bill addresses the the Castro regime do not do so with Human rights have not improved in role the United States will play during property stolen from U.S. citizens. For- Cuba. the transition from the Castro dicta- eign investors are free to take the No talk about looking at Cuba from a torship. In this manner, this legisla- place of the Kremlin powerbrokers, but post-cold-war perspective will change tion provides some forward thinking they cannot trade in stolen property this dismal fact. The Cuban people are that I believe was lacking in some of without consequence. not free. They are not free to choose our policies conducted during the cold In recent years, the debate over U.S. their own government; they do not war. This bill looks to a post-Castro re- policy toward the autocratic Castro re- have an independent judiciary; they gime, and outlines our responsibility to gime and, in particular, the debate cannot work in a free economy. They prepare for the inevitable. over maintaining the embargo have in- are never free from their political It is one of the many paradoxes of a cluded the introduction of two argu- jailers. Those brave ones who dare at- current historical myopia that many ments. tempt political discourse continue to view the cold war from simply a secu- One argument suggests that, now be harassed and jailed by Castro’s po- rity perspective. The result is that we that we are in a post-cold-war world, lice, as we saw 2 weeks ago when doz- hear the reasoning that says, ‘‘now we need not maintain a cold war policy ens of members of Concillio Cubano that we defeated the Soviet Union, we toward Cuba. were arrested, interrogated, and jailed. need not concern ourselves with an is- A second argument we have heard The second argument suggests that if land run by a bunch of ragged and in- suggests that if we can engage authori- we can engage China and Vietnam, creasingly isolated Communists.’’ tarian states like China and Vietnam, under the hope of moderating and in- But, the cold war was not just fought we should be able to engage in the fluencing their policies, we can do the for security reasons alone. It was Cuban regime. same for Cuba. fought over ideals: the ideals of Regarding the first argument, we are I am not sympathetic to the analogy humankind’s right to liberty, to demo- constantly reminded that we now live with Vietnam, mostly because I am not cratic government and to freedom from in the post-cold-war world. In this new sympathetic to opening relations with oppression. These are the fruits that world, we are told, we need to revisit so Vietnam. many of the formerly captive nations I believe that Vietnam had much many of the crises and flashpoints that of Central Europe now enjoy; these are more to gain from recognition by the we saw through the bipolar lens of cold the fruits denied to captive citizens of United States than we did, and that, as war competition. Castro. a result, we should have been able to Derivative of this approach is the no- But, in Castro’s Cuba, the instru- extract more concessions before we tion that we must learn to give up our ments of oppression remain. And, this granted the valuable diplomatic asset neuralgic distaste for the few remain- is why this body now debates the mer- of recognition. For recognition from ing Communist regimes, and we must its of the bill presented by the distin- Washington, we should have gained recognize that the basic security and from Hanoi more openness on the POW- guished chairman of the Foreign Rela- political notions of the cold war no MIA issue, and more concessions on tions Committee, which stands for con- longer provide the touchstones for U.S. human rights. tinuing a firm and resolute policy to- policy. A specific point of this ration- It’s clear the authorities in Hanoi ward the dictator Castro. ale is that our Cuba policy must no recognized that they were getting away And, this is why, today, I believe that longer be containment. with a lot: Less than a month after rec- we should declare that we stand for a The problem with this argument is ognition, they jailed a handful of elder- policy that recognizes that the Cuban simple: The cold war may be over, but ly Buddhist monks. We recognized dictatorship remains in place, and that Fidel Castro still rules. While I admit their dictatorship, and the jailers kept this brutal reality demands of us that that the Cuban regime is a cold war jailing. In all the debate over Vietnam, we remain vigilant in our opposition to anachronism, which certainly belongs I never heard adequate reasoning for the Castro regime, determined to out- on the scrap heap of history, the harsh why we should, at this time, open our last it, and dedicated to help the Cuban political reality is that Castro and his Embassy there. So, from my perspec- people when the dictatorship falls. secret police remain as the dictator- tive, Vietnam hardly justifies as a rea- Because fall it will, as so many of ship of Cuba. son to adjust our Cuba policy. those rusted and despised statues dedi- With the conclusion of the cold war, Mr. President, I don’t believe we can cated to Communists ideals fell all we saw the end of our global competi- compare countries. Cuba is not China, over Central Europe and the newly tion with Communist states and the which has the world’s largest popu- independent states when the victors of collapse of totalitarian regimes before lation, a booming economy, a predomi- the cold war were finally freed. the popular will of newly freed peoples. nant position in Asia, and a nuclear ar- I urge my colleagues to support the Throughout Central Europe, the senal. Global foreign policy for this Libertad bill. withdrawal of Soviet support combined country must take into account this Mrs. BOXER. Mr. President, we con- with the decay of Communist client Asian giant, and United States na- sider this conference report less than 2 governments. Faced with the uprisings tional security must account for the weeks after a tragic day for the cause of the people demanding freedom, the role of China. of democracy in Cuba. On February 24, dictators fled and freedom won the day. Cuba has 11 million people, a supine Fidel Castro’s brutal regime shot down The result was the transformation of a economy, and has become largely irrel- two unarmed American aircraft belong- part of Europe that had been frozen in evant in Latin America. With no Com- ing to Brothers to the Rescue who were time and oppression for nearly 50 munist sponsors, it no longer provides flying over international waters. years. a major security threat. This unprovoked ambush was a gross The United States welcomed these While I don’t believe it can threaten violation of international law and an nations to the democratic fold, for we stability in the region—unless Castro affront to standards of human decency. were no longer threatened by their hos- unleashes another wage of refugees—we It was a cowardly attack, dem- tile diplomatic postures, their support have seen that the regime is a threat onstrating clearly that Fidel Castro for terrorists, and their dedication to to international civility. When MiG’s will resort to any means—no matter undermining democracies around the are dispatched to shoot down Cessnas, how vile and repugnant—to hold on to world. you know that the regime is showing power. But the end of the cold war brought its true colors, and those are not the I was appalled by this despicable in- no popular revolution to Cuba. Castro colors of a civilized nation. cident and I would gladly vote for leg- denounced the last Soviet leaders as Mr. President, containing the Castro islation that directly addresses this at- having failed the Communist cat- regime has worked. We must remain tack as well as legislation that would

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1500 CONGRESSIONAL RECORD — SENATE March 5, 1996 foster the democratization of Cuba. Un- cluded provisions which sought to in- cency—had its MiG fighters shoot down fortunately, the bill before us today clude the international community in those two defenseless Cessnas. I join will not carry out those objectives. our efforts to ratchet down the pres- my colleagues, the U.S. Government, The conference report would deny a sure on the Castro regime while hold- and the international community in United States travel visa to anyone ing out the promise of United States deploring this act of brutality. with a stake in certain companies that assistance to a post-Castro Cuban Gov- As appalling as this act was, Mr. do business in Cuba. This provision ernment striving to achieve demo- President, it should not surprise us. threatens to seriously damage rela- cratic, free-market reforms in Cuba. I Castro is a dictator who, for 37 years, tions with many of our closest allies, still support this approach, and believe has ruthlessly trampled on the rights including Canada, whose citizens could our policy should continue to move in of the Cuban people. The State Depart- be denied entry into the United States. this direction. However, the bill that ment and all reputable human rights The measure creates a new cause of we have before us today includes provi- organizations point to the routine use action in U.S. courts allowing citizens sions not in the version that passed the of torture, beatings, economic coer- to sue any foreign national who traffics Senate. Titles III and IV of Helms-Bur- cion, and suppression of legitimate pro- in confiscated Cuban property. This ton will open the floodgates to new test by the Castro regime. alone could result in a huge logjam in lawsuits in U.S. courts and will put us Only 2 weeks ago, a small pro-democ- our Federal courts. But by establishing in an adversarial position in our rela- racy group, the Concilio Cubano, was an arbitrary $50,000 claim threshold, tions with our allies throughout the prevented from holding a meeting and the legislation denies legal recourse to world. two of its members were summarily many Americans whose homes or shops Provisions of title III and IV which thrown into prison after kangaroo were confiscated by the Castro regime. give United States citizens the right to court proceedings. That Castro would have his military lash out callously There is no logical justification for this sue foreign companies that operate in and viciously at a perceived threat, discriminatory treatment. It winds up Cuba are viewed by our allies as an at- then, is pretty much what we could ex- helping the wealthiest and hurting tempt by the United States to act uni- pect. middle-class Americans. It makes laterally to dictate to them a Cuba pol- What surprises me, Mr. President, is sense to adopt measures to punish icy. This will undoubtedly lead to re- how a small, poor island like Cuba con- Fidel Castro and his thugs for their sentment and resistance to future tinues to elicit the most knee-jerk re- reprehensible action. It makes no United States policy efforts in connec- sponse from Washington. Certainly, the sense, however, to do so in a way that tion with Cuba. Rather than alienating administration did the right thing in will hurt many Americans and punish our allies, our policies toward Cuba seeking an international condemnation our best allies. should seek to be inclusive. of these intentional murders. I also Mr. KERREY. Mr. President, I come It is far too easy to vote in favor of support President Clinton’s order re- to the floor of the Senate today to ex- Helms-Burton as an emotional re- quiring restitution by the Cuban Gov- press my opposition to the legislation sponse to Castro’s unlawful shootdown ernment—drawing on frozen Cuban as- currently under consideration. While of United States civilian aircraft, but sets—for the families of the victims, the Helms-Burton legislation seeks to to do so would ignore the negative im- and the increased use of Radio Marti— hasten the end of the Castro regime in pact this legislation will have on our and notably not that proven failure, Cuba—a goal that is shared by every foreign policy objectives both in Cuba TV Marti—to bring uncensored news Member of this body—I am concerned and in a larger sense. Mr. President, it and information to the Cuban people. that it will in fact do more to damage is my hope that we will be able to sepa- The rush to punish, however, must stop our larger foreign policy goals than rate our current anger at the Castro at that point where ill-considered poli- bring about a democratically elected Government from these proceedings. I cies undermine U.S. national interest, government in Cuba. say this not to minimize the gravity of or lead to a misguided and ineffective The shootdown by the Cuban mili- Cuba’s actions, nor would I necessarily policy altogether. That’s what this bill tary of two unarmed United States ci- rule out further action against Castro, did before the shootdown, and what it’s vilian aircraft engaged in humani- but rather because I believe that the going to do regardless of the tarian activities in international air- legislation before us will hurt our abil- shootdown. space is reprehensible. This clear viola- ity to exact change in Cuba. By strain- In seeking to pound the final nail in tion of international law required a ing our relations with our closest al- Castro’s coffin, H.R. 927 misses its tar- strong U.S. response—a response which lies, it is my fear that we will further get, causing pain for all but Castro. was delivered by the Clinton adminis- isolate ourselves from the inter- Very briefly, allow me to enumerate tration immediately following the at- national community on this issue, and the most obvious flaws: tack. Charter flights between the that in the future we will be unable to Title I instructs the President to United States and Cuba were sus- work on a multilateral basis to bring seek a mandatory international embar- pended, steps were taken to com- about a democratic Cuba. go against Cuba. This is untenable: The pensate the victims’ families from I conclude, Mr. President, by urging United States is regularly outvoted at Cuban assets frozen in the United my colleagues to fully consider their the United Nations by margins along States, and the United States led a suc- vote today in the larger context of how the lines of 140 to 2 when we seek to de- cessful campaign in the U.N. Security this legislation will affect U.S. foreign fend our unilateral trade embargo. It is Council to strongly deplore the policy. all the less likely to pass given that unprovoked attack on these unarmed Mr. FEINGOLD. Mr. President, on our closest allies object vociferously to aircraft. February 24, the Cuban regime shot the other provisions of this bill. Mr. President, there is now great down and killed four men, American Title I also requires the President to pressure for those of us in the Senate citizens, apparently flying over inter- make it clear to the Cuban Govern- to voice our distaste for the Castro re- national waters, off the coast of Cuba. ment that: gime by passing the Helms-Burton leg- No matter how one judges the intent of The completion and operation of any nu- islation. I will vote against this bill, these four Brothers to the Rescue—and clear power facility, or b) further political manipulation of the desire of Cubans to es- not because I am opposed to trying to some have pointed out that in the past cape that results in mass migration to the tighten sanctions on Castro’s Govern- Brothers to the Rescue violated Cuban United States, will be considered an act of ment, but because I believe that provi- airspace and went so far as to overfly aggression which will be met with an appro- sions of the Helms-Burton bill would Havana and drop anti-Castro leaflets priate response.... have a detrimental effect on relations over the Cuban capital—the fact is that What does this mean? Are we threat- with our closest allies. they were flying in small, unarmed ci- ening, in fact, to bomb or disable a nu- Last fall, I voted in favor of the Sen- vilian aircraft. They certainly did not clear energy facility in Cuba? I should ate version of this bill which, in my represent a real, physical threat to hope not, and suggesting it as a policy opinion, represented a bipartisan ap- Cuban security. But the Castro govern- undermines U.S. credibility. proach to strengthening economic ment—no respecter of human rights, of Another fault of the bill is section sanctions on Cuba. The Senate bill in- international law, or of common de- 102, which codifies the trade embargo

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1501 as law. By this provision, Congress de- tus. The Chinese Government regularly course of action, our trading partners prives the executive branch of the right takes steps which threaten inter- have vociferously objected to its long- to modify, ease or even strengthen the national security in fact: Nuclear term ramifications. Some of our clos- embargo. It would restrict the Presi- equipment sales to Pakistan; saber-rat- est allies are considering equally harm- dent’s ability to react quickly to tling across the Taiwan strait; human ful measures in response and you know events within Cuba or on the inter- rights violations on a very brutal scale. that once we start down this type of national scene as related to Cuba. Mr. China’s policies on intellectual prop- road, it will be extremely difficult to President, I am a strong supporter of erty even violate major United States halt until an economic disaster occurs. the Congress’ constitutional preroga- financial interests. Why are we not im- Third, the further starving of the tive to advise and consult closely with posing sanctions on China? Sadly, I Cuban people in an attempt to force a the White House on matters of foreign know that a bill proposing the same change in their government is not the policy. But I do not support leaving sanctions on China that we are today way to promote a democratic move- Congress alone to legislate United imposing against Cuba would fail—in- ment. In order to win the hearts and States foreign policy, and in fact fear dicating that to the United States Con- minds of a subjugated people one that we do a disservice to the country gress fossilized cold war fantasies are doesn’t beat them even more. We want if we try. more powerful than the real national to see them change their government With title III, Mr. President, the bill security goals of 1996. from within and view us as a bene- steps beyond domestic politics and into Mr. President, Cuba is a pariah. Cer- factor and not as a martinet. offending accepted norms of inter- tainly we as a nation have the right to I too, want the Cuban Government to national law. This section, which limit our relations, economic and oth- change. I too, want the Cuban Govern- grants to persons, including those not erwise. Although some might note that ment to bear full responsibility and U.S. citizens at the time of the alleged after 35 years of embargo, Castro re- consequence for their totally unwar- taking, a cause of action in U.S. Fed- mains entrenched and that the policy ranted and illegal actions. I don’t be- eral court against individuals and for- needs careful review, I am not advo- lieve that unilaterally attacking world eign entities trafficking in expropri- wide trading policies and harming our cating a loosening of the embargo. ated Cuban properties. This procedure relationships with our allies and part- That cannot take place absent an im- not only threatens to clog U.S. courts, ners is the way to do it. provement in the atrocious human but also defies logic. Their cause of ac- Mr. JEFFORDS. Mr. President, I rights situation in Cuba. But I think tion is rightfully in some, future, must strongly condemn the Cuban Gov- we should be consistent in our foreign Cuban court, not the United States ju- ernment for its gross violation of inter- policy. If we sanction Cuba, then why diciary. national law in shooting down two Furthermore, contrary to the asser- not those current and former Com- small, unarmed civilian aircraft last tions of supporters of this bill, an munists—including those which are ac- Saturday, resulting in the presumed international claims settlement proce- tual threats to international security, loss of four American lives. This was a dure already provides an effective such as China, or with whom we met in cowardly, cold-blooded act by Cuban mechanism for asserting claims, which battle at the cost of 55,000 United authorities. There is no excuse for this is why most certified claimants oppose States soldiers, such as Vietnam? If we violent act and no explanation that this bill. Moreover, this provision will choose, instead, to engage such coun- Cuba can offer which justifies such bla- not benefit the little guy who lost tries in dialog and with economic rela- tant disregard for international norms. property in Cuba, since there is a tions to effect change, then why not I must note that Cuba’s action on threshold level of $50,000 in con- Cuba? Saturday came on the very date that troversy, a tremendous amount in 1959 Instead, we shoot ourselves in the the Cuban Council, an alliance of Cuba. Further, to mollify critics, a fil- foot. This bill will not topple Castro; it human rights and dissident groups, had ing fee of perhaps $4,500 will be im- will only give him cause to tighten his asked to hold a first-ever conference of posed. Of course, very few beyond cor- grip in the face of the Yanqui threat. It such groups in Cuba. Beginning on Feb- porate interests can afford to pursue increases our isolation internationally ruary 15, the Cuban Government re- such a costly litigation. and hobbles our ability to influence sponded to the council’s request, a re- If that was not bad enough, title IV events in Cuba in a positive manner. It quest made in accordance with Cuba’s of this conference report takes the ex- is an expensive resolution which will Constitution, by retaining and arrest- traordinary step of mandating the ex- bring United States-Cuba politics into ing more than 50 people active in the clusion from the United States of our courts. Helms–Burton damages the council. I must also strongly condemn third-party nationals who traffic in United States national interest and the Cuban Government of Fidel Castro such property. Canadian and European hurts innocent Cubans and I will vote for this crackdown. business executives, and their govern- against it. By these actions, the Cuban Govern- ments, are understandably upset at the Mr. BOND. Mr. President, as we con- ment has once again demonstrated its prospect of their citizens being kept sider instituting the provisions of title fundamental disregard for internation- out of the United States because they III of the Cuban Sanctions Act, I am ally recognized humanitarian norms. do business with Cuba. There is an troubled that in a rush to exact ret- These actions also sadden me because international consensus that countries ribution for the heinous act of shooting they have extinguished summarily the such as Iran pose a threat to global down United States unarmed civil light pin-pricks of light which were begin- stability, and therefore travel by its of- aircraft by Cuban MiG fighters, we will ning to show, for the first time in ficials should be limited. But people accomplish nothing more than antago- many, many years, in our relations doing business in Cuba are not threats nizing our worldwide trading partners. with Cuba. Recently, there had been an to our security, and accordingly should First, monetary restrictions and fil- increased number of exchanges and vis- not categorically be denied access to ing procedures currently in the lan- its, activities which I continue to be- the United States. Of course, most of guage, prevent compensation to by the lieve are crucial to creating space for a our allies don’t need visas and will vast majority of Cuban exiles and ben- democratic change in Cuba. enter anyway, undermining the force of efit only large business concerns which The legislation before the Senate the statute. But it looks tough —and is look to use the offices of the U.S. Gov- today, however, is not an appropriate, more or less pointless. ernment to practice international tort or even a relevant, response. As I noted Mr. President, this bill’s myopic law through legislation. This course of during our consideration of this bill focus on Cuba is one that I find par- action can only lead to the muddying last October, instead of promoting ticularly disturbing. Cuba is not sig- of the legal trade policies and agree- democratic change in Cuba, this legis- nificant on the world scene; whatever ments which we have long supported. lation, namely title III, creates a po- geostrategic threat it may have posed Second, though we are unarguably tential windfall for a small group of disappeared 5 years ago, a fact our own the leader in free trade throughout the people at the expense of the greater in- military acknowledges. world, this action will isolate us from terests of the United States. This bill In China, by comparison, we find a our loyal and historic trading partners. alienates major allies and trading part- country bordering on superpower sta- Even as we contemplate this drastic ners, such as Canada, Mexico, and

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1502 CONGRESSIONAL RECORD — SENATE March 5, 1996 France, with its clear extra-territorial they wish. And for too long, Cubans position-backed hopes for political and application. Further, the effects of this have been unable to improve their economic liberalization there by ena- legislation risk destabilizing Cuba to standard of living through much-need- bling Fidel Castro to play the nation- the point where we could face another ed economic reforms. I would of course alist card, using the U.S. sanctions as a exodus of boat people. We must ask support and vote for legislation if I rationale for tightening his grip on ourselves: Are we ready to deal with thought it would achieve that goal. power. We have seen in Russia, Viet- But unfortunately that’s not the such a crisis anew in order to serve the nam, Eastern Europe, and to some de- case. Instead we have before us the so- interests of a deep-pocketed few? I say gree even in China that the process of we are not. The Presidential waiver called Helms-Burton legislation, and we have to decide if it is likely to move political and economic reform in these provision for title III is not enough to places has been accelerated by a more overcome my deep reservations. This us toward the twin goals of greater open exchange of ideas, people, infor- bill also carries with it a high human economic opportunity and greater po- mation, technology, and other goods cost and I should note that the Cuban- litical freedom in Cuba. Unfortunately, American community is far from mon- the answer, I believe, is no. So while I and services—not by increasing the iso- olithic in its support for this bill. share the goal of my colleagues who lation of these people from the outside I am also deeply concerned by this support this bill—a peaceful transition world. bill’s codification of the Executive or- to democracy in Cuba—I do not believe North Korea is a good example of ders and regulations that implement this bill will get us to that goal. There what happens when we isolate Com- the existing embargo. In spite of Cuba’s are several major areas of concern that munist states; a disaster for United recent actions, codifying the embargo I want to focus on. First, as I observed, I fear that the States policy. In Cuba, as elsewhere, takes us in the wrong direction, mak- ensuring an open flow of Western, ing our eventual and necessary rap- burden of harsh sanctions often falls on innocent Cubans, not on the Govern- democratic ideas, information, and prochement all the more difficult. I technology could be critical to helping also believe that a mandatory visa ban ment or on elites. Its provisions to enact into law prohibitions on families to transform those societies. This bill on officers and majority shareholders flies in the face of almost all of our re- companies which are trafficking in in the United States sending any sig- cent positive experience in helping to such properties is an unnecessarily nificant funds to their own family transform collapsing Communist states petty provision. I will vote against this members in Cuba, to all but cut off travel between the United States and legislation. around the world. Cuba so family members can at least DRACONIAN HELMS-BURTON CUBA SANCTIONS The bill could also prompt our allies visit one another, and to prohibit in- BILL GOES TOO FAR and trading partners to retaliate, put- vestments in open telephone commu- Mr. WELLSTONE. Mr. President, ting limits on U.S. firms which trade nication between the United States and today we will be voting on legislation abroad, and eliminating the good-pay- Cuba are especially unfair and counter- to codify permanently some of the ing U.S. jobs that depend on such most far-reaching, harshest economic productive. Its provision to place in law a prohi- trade. Many are already voicing loud and political sanctions the United bition on sales of food and medicines to complaint, and some have threatened States has ever imposed by law upon Cuba—even to nongovernmental orga- such retaliation. Over 50 countries now another country. While I support the nizations, like churches or relief have substantial business interests in goal of pressing Cuba toward demo- groups—is wrong, and likely to do fur- Cuba. Should we refuse visas to cratic rule, this bill is not the way to ther real harm to those whom pro- businesspeople—and their families— get there. ponents claim most to want to help. As Let me be clear: Cuba’s recent shock- from Britain, France, Germany, Japan, is so often the case when ideology ing attack against unarmed civilian or other of our trading partners who presses all other considerations into aircraft, apparently in international want to do business and create jobs the background, the reality of people’s waters, was an outrageous breach of within the United States, if they hold lives—those innocent Cubans who will international law, even considering the an interest in a Cuban business? Under be most directly affected, and who unwise acts of the Cuban-American pi- this bill, in many cases we would have struggle to maintain their families to do just that. lots who had been consistently warned under Cuba’s repressive government—is of the dangers. This action, and Cuba’s dismissed as inconsequential. Americans expect a tough, firm re- detention of members of the Cuban Second, I do not believe it is in our sponse to Cuba’s recent actions. But Council—journalists, human rights ac- national political or economic interest they also expect common sense, some- tivists, and others—has been met with to codify into law, and then tighten, thing which has been in short supply in widespread condemnation, both here this already harsh U.S. embargo. I will America’s policy approach to Cuba for and abroad. Cuba must respect inter- offer a few examples later of the rea- a long time. Usually, if a policy doesn’t national aviation law, internationally sons why, including my concerns, as work, you try something else. United recognized human rights, and demo- one who represents a State which bor- States-Cuba policy, like the shop-worn cratic freedoms if it is to reenter the ders Canada, about its impact on community of nations. Communist policies of the Cuban Gov- United States-Canada relations, on ernment itself, has been frozen in ideo- The President has responded with a Minnesota firms which do business logical amber for too long, driven as series of firm economic and political with our Canadian neighbors. steps, unilaterally and multilaterally. Third, even if it were judged to be in much by domestic political concerns as This bill simply piles on, in a way that our interest, I don’t believe it will have by responsible foreign policy. I don’t believe is in U.S. long-term in- the desired effect on Fidel Castro’s gov- Let me offer a few examples that I terests. I know that in the wake of the ernment that its proponents intend. In think highlight why this bill is not in air tragedy, it will pass by over- fact, it could backfire on us, prompting our own national interest. Russia is whelming margins in both Houses, and Castro to become more repressive, and now moving toward elections that will be signed by President Clinton, de- worsening social and political tensions could determine the fate of the reform spite his earlier strenuous opposition. there which could in turn lead to vio- movement there for years to come. While there are elements of the bill lence, and another major outflow of United States aid has played a key role which I support, including its author- refugees to the United States. It was in helping the Russians to dismantle ization of assistance to democratic or- not long ago we had thousands of Cu- their nuclear arsenals, open up their ganizations, human rights groups, and bans coming across the Florida Straits international observers, as a whole it in leaky boats, who were stopped and economy, and become a more open and embodies a fundamentally flawed pol- then held at Guantanamo Naval Base democratic society. But this bill would icy. for many months, at a cost of millions require substantial reductions in It’s true that the people of Cuba have of dollars. Is that what Americans United States aid to any country, like for too long been denied basic political want to see again? I don’t think so. But Russia, that provides assistance to rights, including the right to speak that very well could happen. Cuba. The way I read it, we couldn’t freely, to criticize their Government, Ultimately, additional harsh sanc- provide key assistance, including that and to associate with one another as tions could undermine, not bolster, op- designed

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1503 to bolster Russia’s ability to buy give the same rights to Bulgarians, speak for up to 6 minutes from time United States products, if they provide Russians, Poles, Vietnamese, Chinese, that had been allotted to the opponents aid, however unrelated, to the Cubans. Hmong, Lao, too, who may have had of this bill. This is true not only of Russia, but of unresolved property claims when they The PRESIDING OFFICER. Without any of our allies or trading partners were citizens of their own countries? objection, it is so ordered. whose firms have long been doing busi- Providing access to U.S. courts for Mr. LIEBERMAN. Mr. President, I ness in Cuba. claims filed on behalf of those who rise in support of the Cuban Liberty The tight and inflexible strictures weren’t even U.S. citizens, and thus not and Democratic Solidarity Act. I am this bill places on assistance to a tran- entitled to U.S. court review when the pleased and proud to say I am an origi- sitional government there would also claims originally arose, sets a prece- nal sponsor of this legislation which not be in our political interest. When dent which I am sure we will regret, passed the Senate, passed the House, the transition to a post-Castro, more and which will likely be very expen- and languished in a conference com- democratic Cuba begins, we must be sive. Who pays to give this special mittee because of a dispute over cer- ready to move quickly to help to en- treatment to this special group? U.S. tain provisions of the bill. But, as so sure its success, as we did in Haiti. The taxpayers pay. Of course, this disparate often happens, dictators like Castro, if new rules proposed by this bill could treatment not only raises legal ques- given the time, will show their true in- leave us on the sidelines in a rapidly- tions. It also raises constitutional clination and will, by their acts, pro- moving transition—a dangerous place questions, especially about equal pro- vide the best evidence and the best sup- to be during such an unstable period. tection of the law, which its pro- port for action by great and free na- As in Haiti, the United States needs ponents have brushed aside. tions like ours against them. So it was, the flexibility to respond to changing Don’t let anyone confuse the issue by painfully, tragically, in the case of circumstances, sometimes even to leaving the impression that this bill is Cuba and Castro, over the last few overnight changes. But it takes designed to protect small Cuban land- weeks. months for Congress to act on simple holders who lost their homes and of- This is in the context of attempts by bills declaring National Auto Safety fices when Cuba overthrew the brutal many in our country, well-intentioned Week, or National Ice Cream Day. It’s Batista regime. These regular folks get attempts, to open some lines of com- unrealistic to think we would move left out. As is so often the case, the big munication with Castro to see if that quickly to provide aid to a new govern- corporate interests who reportedly might tame this beast, if that might ment. We should be there with re- helped to draft the bill, like the rum make this tiger into a pussy cat. Just sources, ideas, and the diplomatic manufacturers and sugar processors, a few weeks ago, a distinguished group flexibility to react just as the transi- many of whom supported the brutal of visiting Americans had pictures tion begins—not panting up to the fin- and corrupt Batista regime in the taken with Castro, all looking very ish line once it’s over. 1950’s, and the big families that com- friendly. But what is happening on the Nor is this bill in our economic inter- posed Cuba’s elites for decades, are the ground at the same time in Cuba? In est. Its provisions to effectively impose ones who would most benefit from the response to the deterioration of the a boycott on third-party countries and new legal rights accorded by this bill. economy and the continued suppres- businesses who are not the primary But they cloak themselves in the rhet- sion of the human rights of Cubans, I target of Cuba sanctions are especially oric of protecting the little guy who gather for the first time in three dec- unwise. For example, should Minnesota lost his shack on the beach in Havana, ades, the disparate opposition groups, farmers who sell grain to Russian joint in order to persuade Congress, and that is groups opposed to Castro—and Venture partners be penalized because other Americans, to protect their eco- it is not easy, as we all know, to be op- Russia trades with Cuba? nomic interests. posed to Castro in Cuba—come to- Should Minnesota businesses who Mr. President, it’s clear that we must gether, form this group, Concilio may be working in partnership with send a strong message to the Cuban Cubano, and begin to discuss peaceful, Canadian firms be subject to multi- Government, and that we must do all nonviolent ways to oppose the dictato- million dollar lawsuits simply because we can to help accelerate a democratic rial regime of Castro. their Canadian partner happens to sell transition there. But this bill would What is the response of that govern- computers, or medical equipment, or harm innocent Cubans far more than it ment, of Castro’s government, to this anything else, to a Cuban humani- would serve to pressure the Cuban Gov- group? He arrests its leaders, the lead- tarian organization? I don’t think so. ernment. It could undercut the very ef- ers of the opposition, and puts them in But this bill would do that, exposing forts at political and economic reform jail. Think about the contrast. A dis- firms in my State to huge potential li- that its proponents support, escalating tinguished group of Americans visiting, abilities for something they have little social tensions, and prompting another holding peaceful discussions, and at the or no control over. That’s not common outflow of refugees to U.S. shores. same time the courageous domestic op- sense, and it would endanger jobs and Given the new frictions it will cause position to Castro—finally beginning trade for Minnesotans. with our allies, and the other problems to come together against the force of There are other objections that have I’ve discussed, I do not believe it is in this state—gets locked up; all that in been raised about the legal implica- America’s long-term interests. I know the week or so before this next tragic tions of this bill. As Senators DODD, it will pass today. But I would be less incident. PELL and others have observed, the bill than honest if I took the politically ex- They were four Americans. Some- would open U.S. courts to potentially pedient route and voted with many of times we are too sensitive about things thousands of new property claims. This my colleagues who want to simply send said in the media, but it struck me at provision was dropped from the origi- a strong signal, whatever the vehicle, the outset, when these planes were nal Senate bill. Current law provides whatever the potential costs and unin- shot down, they were described as for a means of addressing property tended consequences, whatever the being piloted by representatives of the claims, through a Claims Settlement troubling legal precedents it sets. This Cuban exile community. There is a Commission. This bill would give spe- bill does not meet the Minnesota com- Cuban-American community that has cial rights under United States law to mon sense test. It does not meet the left Cuba. But these are not Cuban ex- a particular class of people, Cuban citi- fairness test. It will not, in my view, iles in the sense that the term sug- zens who can make a claim that their have the effect its proponents hope. I gests, that they are somehow the properties were nationalized in the late urge my colleagues to oppose it. other. They are us. These are Cuban- 1950’s by the Cuban Government, and The PRESIDING OFFICER. The Sen- Americans who have attained citizen- who later became U.S. citizens by ator from Connecticut. ship and are proud of their extraor- means of very generous United States Mr. LIEBERMAN. Mr. President, I dinarily productive community in immigration laws—more generous than gather there has been an agreement be- Florida. for virtually any other group. Why are tween the forces supporting and oppos- So, four Americans in these unarmed we giving these special rights to Cu- ing this measure. Pursuant to that planes were shot down, without appro- bans who became citizens? Why not agreement, I ask unanimous consent to priate warning under international

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1504 CONGRESSIONAL RECORD — SENATE March 5, 1996 law: an outrageous act; an act of mur- Keep the pressure on. Bring Castro bill. The LIBERTAD Act has undergone sig- der—let us call it that, plain and sim- down. Let us move together on a bipar- nificant change since the bill was originally ple. An act of murder of civilians by a tisan basis. The President strongly introduced. Council members have inquired as to how the Council views the potential military government has now dislodged supports this legislation. Great majori- impact of this bill on the U.S. business com- this bill from the conference com- ties of both parties in this Congress munity. mittee and brought it to the floor, and support the legislation. Let us pass it The measure, in its current form, addresses I am grateful for the support that has and send the strongest possible mes- many of the concerns expressed by the Exec- been given to the bill. sage of hope to those who live under utive Branch, the business community and The act of cowardice represented by tyranny in Cuba and, hopefully, the legal scholars. As modified, we believe that that military attack demonstrates—as strongest possible message that will the LIBERTAD Act is fundamentally con- clearly as we could ask for it, much bring fear to that individual who has sistent with the goal of current U.S. policy on Cuba designed to foster a democratic more clearly than any of us could tyrannized this proud people and that change with guarantees of freedom and argue on this floor or had argued before great island for much too long. human rights under the rule of law. Congres- on behalf of this bill—that the Cuban I thank the Chair and I yield the sional action on the bill may take place as Government’s opposition to freedom is floor. early as this week. as strong as ever. The Castro regime Mr. COVERDELL. Mr. President, I Chapter I of the bill includes measures to remains hostile to the United States yield myself 3 minutes. strengthen the embargo against Cuba. Ques- and the people of Cuba. This crackdown The PRESIDING OFFICER. The Sen- tions have been raised about the ‘‘extra- territoriality’’ of these provisions. As cur- on the opposition, the shootdown of ator from Georgia. rently drafted, LIBERTAD Act is consistent these planes, the litany of outrageous Mr. COVERDELL. Mr. President, I with U.S. obligations under the North Amer- dictatorial acts that my friend and col- ask unanimous consent that the letter ican Free Trade Agreement and the General league from Florida has stated, show from President Bill Clinton to Major- Agreement on Tariffs and Trade and does not us once again that Castro is not re- ity Leader BOB DOLE in support of the involve secondary boycotts. deemable. Forget it. Do not have ideal- conference report be printed in the Chapter II establishes a framework for trade with, and economic assistance to, a istic dreams that this man, who comes RECORD. out of the Stalinist era of communism, transitional or democratic government in There being no objection, the mate- Cuba. Some U.S. certified claimants have ex- can suddenly become a freedom fighter. rial was ordered to be printed in the pressed concerns that Section 737 of the bill In supporting the Cuban Liberty and RECORD, as follows: may diminish the pool of available assets for Democratic Solidarity Act, we are act- THE WHITE HOUSE, American property claimants by condi- ing in the best traditions of America’s Washington, March 5, 1996. tioning U.S. assistance to Cuba on resolution foreign policy because we are acting in Hon. ROBERT DOLE, of claims held by those who were not U.S. the interests of human rights. We are Majority Leader, U.S. Senate, Washington, DC. citizens at the time of confiscation. Section acting in the interests of human rights. DEAR MR. LEADER: The Cuban regime’s de- 737 of the LIBERTAD Act has been signifi- We are acting on behalf of the sup- cision on February 24 to shoot down two U.S. cantly modified to address such concerns. As amended, this section protects the rights of pressed people who have lived too long civilian planes, causing the deaths of three American citizens and one U.S. resident, de- certified U.S. claimants by conditioning as- under Castro’s domination in Cuba. manded a firm, immediate response. sistance to a transitional government in They have no less a right to live in Beginning on Sunday, February 25, I or- Cuba on U.S. Presidential certification that freedom than the other peoples of the dered a series of steps. As a result of U.S. ef- the Cuban government is taking appropriate world toward whom we have extended forts, the United Nations Security Council steps to resolve property claims involving ourselves, or against whom we have unanimously adopted a Presidential State- U.S. claimants as described in Section imposed economic sanctions to try to ment strongly deploring Cuba’s actions. We 620(a)(2) of the Foreign Assistance Act of will seek further condemnation by the inter- 1961. raise the liberty of the people who live A key element of the LIBERTAD Act in- within those countries. national community in the days and weeks ahead. In addition, the United States is tak- volves measures under Chapter III to defend There are those who say that Castro ing a number of unilateral measures to ob- U.S. property rights and discourage foreign denies human rights. That is true. And tain justice from the Cuban government, as investors from trafficking in confiscated it is in the tradition of America, the well as its agreement to abide by inter- U.S. properties. Under these provisions, for- best tradition of our foreign policy, to national law in the future. eign firms trafficking in stolen U.S. property stand for human rights. As part of these measures, I asked my Ad- in Cuba would risk action by U.S. claimants Mr. President, pursuant to the pre- ministration to work vigorously with the against their U.S.-based assets [(Chapter III) vious agreement, I wonder if I might Congress to set aside our remaining dif- Sections 741–744] and invite U.S. action to re- ferences and reach rapid agreement on the voke entry visas of foreign corporate execu- ask for 3 more minutes from the time tives trafficking in confiscated U.S. prop- of the opponents to the legislation? Cuban Liberty and Democratic Solidarity (LIBERTAD) Act. Last week, we achieved erties. Mr. COVERDELL. I would like to that objective. The conference report is a We believe these measures will enhance yield to the Senator from Connecticut strong, bipartisan response that tightens the the leverage of U.S. claimants seeking to 2 minutes, if I might. economic embargo against the Cuban regime discourage prospective foreign investors Mr. LIEBERMAN. The Senator from and permits us to continue to promote demo- from trafficking in their confiscated prop- Connecticut gratefully accepts. cratic change in Cuban. erties in Cuba, facilitate the rapid and effec- The PRESIDING OFFICER. Without I urge the Congress to pass the LIBERTAD tive resolution of claims disputes, and level objection, it is so ordered. bill in order to send Cuba a powerful message the playing field for U.S. firms preparing to that the United States will not tolerate fur- participate in the economic development of a Mr. LIEBERMAN. Mr. President, the democratic Cuba. point is this. The opponents of the bill ther loss of American life. Sincerely, Some U.S. claimants have expressed con- and others may say, ‘‘Yes, Castro de- cerns about allowing Cuban American claim- BILL CLINTON. nies human rights, but he does not rep- ants to file suits against traffickers or to ob- resent a threat to the United States.’’ Mr. COVERDELL. Mr. President, I tain default judgements against the Cuban He does not, in a fundamental sense of ask unanimous consent that the letter government. Sections 742 and 744 of the our existence and security. But so long of endorsement of the conference re- LIBERTAD Act have also been modified to as there is a hostile government in port by the U.S. Cuba Business Council clarify that the bill does not authorize the be printed in the RECORD. President to espouse the claims of natural- Cuba, the fact is that enemies of the ized U.S. citizens in any settlement with United States will find a partner. So There being no objection, the mate- rial was ordered to be printed in the Cuba and will not dilute the pool of assets long as there is a hostile government available to U.S. claimants. As modified, the in Cuba 90 miles from our shore, those RECORD, as follows: LIBERTAD Act significantly narrows and who wish us ill will find an ally. For U.S.-CUBA BUSINESS COUNCIL, limits the filing of suits to effectively target that reason of our own national secu- Washington, DC, September 20, 1995. foreign firms trafficking in confiscated U.S.- rity, as well as the faithful support of DEAR COUNCIL MEMBER: As you know, the owned property. U.S.-Cuba Business Council has closely mon- In the new version of LIBERTAD, it is not the best principles of our country, itored congressional and Executive Branch possible to obtain a default judgement human rights, I think the Cuban Lib- action on the Cuban Liberty and Democratic against the current government of Cuba. erty and Democratic Solidarity Act is Solidarity Act of 1995 [H.R. 1868], known as Moreover, the right of action to sue a traf- a strong step in the right direction. the LIBERTAD Act or the Helms-Burton ficker in stolen U.S. assets applies almost

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1505 exclusively to commercial property. Claim- tening, and the opposition, that the Mr. President, I believe that this leg- ants must provide suspected traffickers with bill is directed at people who engage in islation will send a signal worldwide 180 days notice before filing legal action and the business of exploiting stolen—I re- about this rogue regime, that it is not the case must involve property worth more peat stolen—property confiscated by in the interest of business, or individ- than $50,000. The Cuban government claims a total of 212 joint ventures on the island. Few Fidel Castro and his regime. uals, to be predators over confiscated of those enterprises are likely to have U.S.- Mr. President, until the Soviet aid and stolen property. I think the effects based subsidiaries or other assets. Thus, only was cut off, joint ventures were not the that I just alluded to moments ago are a handful of cases against foreign firms in key issue that they have become. In very positive, and I hope that all will the U.S. would qualify for consideration in 1981, there was one transaction of this take note and that there will be no U.S. courts. Accordingly, the Congressional type. But by 1993, there were 60; and in more transactions in stolen property. Budget Office estimated that the cost of en- 1994, there were 74. Yet, just the intro- I hope that we give comfort to those forcement of the LIBERTAD Act would be duction of the Helms–Burton legisla- who have had their lifelong possessions less than $7 million. Furthermore, under cur- tion has cut the number of new joint confiscated by the Cuban Government, rent law the President could halt such suits ventures in half. that we will begin to signal hope to through his authority under the Inter- Mr. President, I ask unanimous con- national Emergency Economic Powers Act them, that there may be light at the once a transition regime is in power in Cuba. sent to have printed in the RECORD a end of the tunnel, and that they will be On balance, the Council considers the chart titled ‘‘Cuban Economic Associa- compensated for that which was lost. LIBERTAD Act, in its current form, to be tion with Foreign Capital Participa- I hope to the Cuban people we will be consistent with the Council’s mission state- tion’’, showing joint ventures in Cuba saying that the United States stands ment and beneficial for the U.S. business by country and year. here ready to be an ally and ready to community, protection of U.S. property There being no objection, the mate- be an assistant to the transition to de- rights, and the economic development of a rial was ordered to be printed in the mocracy and to the transition to a free market, democratic Cuba. RECORD, as follows: democratic government. Please contact me or USCBC Executive Di- Mr. President, I see the author of the rector Tom Cox in our Washington office CUBAN ECONOMIC ASSOCIATIONS WITH FOREIGN CAPITAL bill has arrived on the floor. I yield (202) 293–4995 if you need further information PARTICIPATION on issues relating to this measure. I look for- whatever time is remaining to the dis- ward to hearing from you. [By country and year] tinguished Senator from North Caro- lina. Best regards. Country 1988 1990 1991 1992 1993 1994 1995 Total Sincerely yours, Mr. HELMS. I thank the Senator OTTO J. REICH. Spain ...... 1 ...... 3 9 10 14 10 47 from Georgia. Mexico ...... 2 3 3 4 1 13 Mr. COVERDELL. Mr. President, I Canada ...... 2 8 16 ...... 26 Mr. HELMS addressed the Chair. want to remind all listening to this de- Italy ...... 1 5 4 7 17 The PRESIDING OFFICER. The Sen- France ...... 1 ...... 3 5 2 2 13 ator from North Carolina. bate that we are not talking about nor- Holland ...... 1 2 3 3 9 Mr. HELMS. Thank you for recog- mal business transactions. We are talk- Offshore ...... 1 3 10 5 12 ...... 31 Latin America...... 2 3 11 9 4 29 nizing me, Mr. President. ing about a dictator, a murderer, a vio- Other ...... 1 1 11 10 4 27 Mr. President, let me first say with lator of human rights, and an evil force Total ...... 1 2 11 33 60 74 31 212 the friendliest of intent to our neigh- in our hemisphere. That is the basis of Source: Cuba, Inversiones y Negocios 1995–96, CONAS, Havana, 1995, p. bors to the north, Canada, who have this conference report. 18. overspoken themselves in criticism of It was suggested that we have not Mr. COVERDELL. Mr. President, it the United States—and particularly of had appropriate time to deal with this this bill—declaring that they think it legislation. It has been before the Sen- has been stated that our allies, some 58 countries, are going to be intimidated. is all right for them and others to con- ate for 13 months. There have been two tinue to deal with Castro. Let me re- subcommittee hearings on the measure I hope they are chilled by this. I hope they are. We are saying ‘‘quit dealing mind them that Castro has had a mur- and, of course, extensive negotiations derous regime from the very beginning. between the White House and the com- and assisting this dictator by giving him hard currency in exchange for the More Cuban citizens have been killed, mittee itself. murdered, locked up, imprisoned, It has been suggested that it violates use of our stolen property.’’ Mr. President, let me say that I robbed—you name it—than anybody NAFTA. The administration has con- think the argument that international can imagine. firmed our finding that this document law, which protects these types of They advocate making a deal with does not violate NAFTA. transactions, has a higher standing Castro. It has been suggested that we have a than our country’s interest in defend- That is precisely what Neville Cham- $50,000 cap denying the residential own- ing our property owners is flawed. I berlain advocated about dealing with ers with smaller claims the oppor- think the pursuit of perfecting inter- Hitler. Mr. Chamberlain went to Mu- tunity to be benefited by the act. That national law to protect our citizens nich, was wined and dined by Hitler. is a result of the opponents’ complaint from a rogue regime is legitimate and When he came back, he declared, ‘‘We that the number of claims under the good sound public policy. can do business with Hitler. We can original bill would crowd the court sys- I yield the floor. make a deal. We can have peace in our tem. So we have acceded to their de- Mr. President, how much time is re- time.’’ Well, Neville Chamberlain was mand to limit the number of cases. We maining total? wrong; one man, Winston Churchill, re- are perfectly willing to open these The PRESIDING OFFICER. Five buked Chamberlain and declared that legal remedies to those with claims minutes and fifty-one seconds. he was wrong. Winston Churchill was valued at less than $50,000 and welcome Mr. COVERDELL. It is my under- right. legislation to lower this cap. standing that no one chooses to speak Furthermore, I will say to our crit- It had been suggested that it is a vio- on the measure. So I will make a clos- ical friends in Canada that some of us lation of 40 years of international law, ing comment and then yield back time. in the United States are a bit weary that no nationalized citizens have ever The PRESIDING OFFICER. Without about Canada’s flagrant transshipment had rights under an international objection, it is so ordered. of Cuban sugar and other things which claims settlement. I would suggest the Mr. COVERDELL. Mr. President, are brought into Canada and then un- opposition read the 1992 annual report first, I think we owe the authors, Sen- lawfully shipped into the United of the Foreign Claims Settlement Com- ator HELMS and Congressman BURTON, States. mission of the United States. You will the cosponsors, and the White House— So, if the Canadians want to discuss find the precedents for our efforts to all who participated extensively to per- what’s right, what’s moral, they should provide compensation to naturalized fect this conference report that I be- bear in mind that all of us become a citizens. lieve will soon become law—a great part of what we condone. And by their It has been suggested that we are deal of support. They need to be com- advocacy in this matter, by their oppo- going to chill the business community, plimented extensively for the vast sition to this bill, the Canadians are that this just deals with business work they have done to perfect this condoning Fidel Castro. Shame on transactions. I want to remind all lis- legislation over the last 2 years. them.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1506 CONGRESSIONAL RECORD — SENATE March 5, 1996 Mr. President, about a year ago, on objective reports regarding Cuban Gov- that objective. The conference report is a February 9, 1995, I introduced legisla- ernment activities. strong, bipartisan response that tightens the tion to hasten the day when Fidel Cas- They arrested Olance Nogueras Roce economic embargo against the Cuban regime tro no longer can inflict terror and for trying to protect the health and and permits us to continue to promote demo- cratic change in Cuba. hardship upon the people of Cuba. well-being of his fellow Cubans by de- I urge the Congress to pass the LIBERTAD Today, the Cuban people have reason tailing the perilous violations of safety bill in order to send Cuba a powerful message to hope that Castro’s days are indeed regulations and the faulty construction that the United States will not tolerate fur- numbered: The Cuban Liberty and of the Cuban nuclear powerplant. ther loss of American life. Democratic Solidarity Act is on its Perhaps the most despicable attacks Sincerely, way to the White House for the Presi- made by Castro, Mr. President, were BILL CLINTON. dent’s promised signature. against Cuba’s blossoming religious Mr. HELMS. I thank the distin- So, we are today one step away from community. After years of persecution guished manager of the bill, Mr. seeing the long-awaited legislation and open hostility by the Castro re- COVERDELL, of Georgia. signed into law. This conference report gime, the Cuban people, especially the I yield the floor. I yield such time as has broad bipartisan support, and the young people, are flocking to the I may have. President has endorsed the bill and is church in record numbers. But, fearful The PRESIDING OFFICER. Who urging all Members of Congress to sup- that the church will tell the truth yields time? port it. about Fidel Castro, his security agents Mr. COVERDELL. Mr. President, I The Libertad Act may very well per- have closed churches, arrested clergy, ask that all time be yielded and the de- suade Fidel Castro to withdraw his and harassed church-goers. Freedom to bate be concluded. stranglehold on the Cuban people. It is worship is nonexistent in Castro’s dic- The PRESIDING OFFICER. All time difficult to see how Castro can sensibly tatorship. is yielded. continue to hope that his dictatorship So, Mr. President, this conference re- f can survive the tough provisions of this port recommending that the Libertad DISTRICT OF COLUMBIA APPRO- legislation, for example, the strength- Act become law is more desperately PRIATIONS ACT, 1996—CON- ening of all international sanctions by needed by the people of Cuba than ever FERENCE REPORT putting into law all the scores of Cuban before. The enactment of the Libertad embargo Executive orders and regula- Act will give these beleaguered Cuban The PRESIDING OFFICER. Under tions enacted and imposed since Presi- people hope. the previous order, the clerk will re- dent Kennedy. Simply stated, the em- This is the light at the end of the port the conference report to accom- bargo cannot and will not be lifted tunnel for which the Cuban people have pany H.R. 2546, the District of Colum- until Castro has departed and a demo- prayed—those poor souls locked in Cas- bia appropriations bill. cratic transition is underway in Cuba. tro’s gulags, those desperate people The assistant legislative clerk read In short, it is time for Mr. Castro to who attempt to cross the dangerous as follows: wake up and smell the coffee. straits to Florida, the journalists and The committee of conference on the dis- Most importantly, the Libertad Act clergy who have sought the freedom to agreeing votes of the two Houses on the forces foreign investors to make a deci- shed light on Castro’s lies, and the av- amendment of the Senate to the bill (H.R. sion, a choice: They can trade with the erage Cuban citizen struggling to sur- 2546) making appropriations for the Govern- United States or they can trade with vive under Castro’s tyranny. Now that ment of the District of Columbia and other activities chargeable in whole or in part Cuba, but not with both without pay- they are about to have this new law on against the revenues of said District for the ing a serious price. This legislation their side, surely it will be only a mat- fiscal year ending September 30, 1996, and for specifically creates a right of action ter of time before the Cuban people other purposes, having met, after full and for American citizens to sue those who enjoy the freedoms that too many free conference, have agreed to recommend traffic in property stolen from them by Americans take for granted. and do recommend to their respective Houses the Castro regime. The bill also makes Mr. President, earlier I mentioned this report, signed by a majority of the con- it mandatory that the Secretary of that President Clinton supports the ferees. State deny entry into the United Libertad Act. I ask unanimous consent The Senate resumed consideration of States to individuals who are enriching that the President’s letter to the dis- the conference report. themselves with confiscated American tinguished majority leader be printed The PRESIDING OFFICER. Under properties. in the RECORD. the previous order, there are 15 min- Mr. President, it may be hard to be- There being no objection, the letter utes allotted to each side. lieve but there are still a few voices was ordered to be printed in the Who yields time? calling for the United States to lift the RECORD, as follows: Mr. KOHL addressed the Chair. embargo. In the past 2 weeks, those ar- THE WHITE HOUSE, The PRESIDING OFFICER. The Sen- guments have been completely, totally, Washington, March 5, 1996. ator from Wisconsin. and utterly discredited. For during Hon. ROBERT DOLE, Mr. KOHL. Mr. President, my re- these past 2 weeks, the Castro regime Majority Leader, U.S. Senate, marks will be very brief. This after- deliberately, intentionally, and in vio- Washington, DC. noon—after the vote on the Cuba reso- DEAR MR. LEADER: The Cuban regime’s de- lution—the Senate is scheduled to vote lation of international law, blew two cision on February 24 to shoot down two U.S. unarmed civilian planes out of the sky. civilian planes, causing the deaths of three on a third motion to invoke cloture on Castro has launched the most brutal American citizens and one U.S. resident, de- the D.C. appropriations bill. The first crackdown on dissidents in more than manded a firm, immediate response. motion was rejected by a vote of 54 to a decade. There have been wholesale Beginning on Sunday, February 25, I or- 44. Last Thursday, the Senate rejected arrests in the middle of the night, fol- dered a series of steps. As a result of U.S. ef- a second cloture motion by a vote of 52 lowed by show trials; there have been forts, the United Nations Security Council to 42. Today, I urge my colleagues to unanimously adopted a Presidential State- reject this motion as well. illegal searches that have shown what ment strongly deploring Cuba’s actions. We Fidel Castro is—a brutal dictator. will seek further condemnation by the inter- The time has arrived for the Senate These atrocities have not surprised national community in the days and weeks to move beyond single issue politics to the Cuban people who, for three dec- ahead. In addition, the United States is tak- address the urgent needs of our Na- ades now, have witnessed brutal atroc- ing a number of unilateral measures to ob- tion’s Capital. It is clear that there is ities every day of their lives under Cas- tain justice from the Cuban government, as a significant—and unresolvable—dif- tro’s tyrannical regime. well as its agreement to abide by inter- ference of opinion on the scholarship Fidel Castro has also launched a national law in the future. program proposed in the conference crackdown on members of the inde- As part of these measures, I asked my Ad- report. ministration to work vigorously with the pendent news media in Cuba. Since Congress to set aside our remaining dif- Repeated attempts to move this re- early 1995, Castro and his agents have ferences and reach rapid agreement on the port have failed, and I am certain that arrested and jailed journalists who Cuban Liberty and Democratic Solidarity the question of vouchers will not be made the mistake of trying to make (LIBERTAD) Act. Last week, we achieved settled on this particular legislative

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1507 vehicle. I believe it is time now to in interest proceeds as a result of not portunities as the rich of this city who move forward with the many other re- having these funds to invest. That is choose to send their children to private forms that will begin to put the Dis- not fair. schools. I do not know what more can be said trict on a sound fiscal and operational Now, I have not historically pro- to convince Senators that this is the footing. As Chairman JEFFORDS and moted the wholesale move to school best deal possible under the cir- others have indicated, the District is vouchers because I have in the past about to experience a serious cash cumstances and that the District des- perately needs the money. Last week, only supported a limited demonstra- shortage. If the remainder of the Fed- tion program that would provide school eral payment is not released within the the Chairman of the D.C. Control vouchers to poor families that reside in next 2 weeks, the city will be unable to Board, Dr. Andrew Brimmer, visited troubled school districts. pay its bills or to provide essential me and gave me a letter concerning the services. The debate over the scholar- effect of delay in enacting the D.C. bill. Obviously, the District of Columbia ship program has been a robust and in- He stated that without the remainder falls into that category. But it is cer- formative one but it is time to move of the Federal payment, the District tainly an idea, the idea of school on. So I urge my colleagues to vote could run out of cash this spring. He vouchers, that deserves a chance. And against the cloture motion. also noted that without the bill being more importantly, it may give many Mr. JEFFORDS. Mr. President, I enacted, the District cannot spend $42 poor children in the District of Colum- yield myself such time as I may con- million in new Federal grants identi- bia a chance for a better education. sume. fied after the 1996 budget was prepared. How ironic. We have been told that The PRESIDING OFFICER. The Sen- That authority is contained in the con- the President’s advisers may suggest a ator from Vermont. ference agreement. veto. How ironic that this very same Mr. JEFFORDS. Mr. President, I In closing, Dr. Brimmer states: President, when he was Governor of Ar- honestly hope this is the last time that The Authority has begun to make signifi- we are called upon to debate the D.C. cant progress toward the goal of restoring fi- kansas, supported a voucher program. appropriations conference report. It is nancial stability to the District without sac- Thank goodness for a candid story in time to get beyond our differences and rificing core public services or adversely im- the Post explaining why the President come to agreement. This conference pacting our disadvantaged citizens. . . All of the United States now has a dif- agreement represents the best con- this is jeopardized by failure to enact the ferent view. The Washington Post last D.C. budget. I plead with you and your col- sensus that can now be achieved. To Sunday showed why President Clinton leagues to adopt the District’s FY 1996 ap- flip-flopped on school vouchers and those who believe that by delaying or propriation bill without further delay. why the other side of the aisle is in defeating this conference report they The White House has issued a state- lockstep behind him in opposition to can somehow ensure a better deal, I ment which threatens that the Presi- this bill. You see, it is the special in- can tell you that this is highly un- dent’s senior advisers would rec- terests. Now, in Iowa, special interest likely. I do not know what the House ommend he veto this bill in its present reaction is going to be, but I do know form. The Mayor has written a letter when it comes to education means chil- that we negotiated long and hard on to the President in which he appeals to dren or, if it is not education, it means this conference report which essen- the President’s good sense and judg- the elderly or the disabled veterans, tially gave total local control on the ment as he weighs the advice of those but here in Washington the special in- question of vouchers and, to my mind, senior advisers. The Mayor makes the terests are fellows waving big check- brought it out of the specter of being a case very well when he states, ‘‘This books. The special interest in this case national test on your feelings on this appropriations bill is not a vouchers is the National Education Association issue. bill. It is a bill that only gives local of- which provided $4.4 million to Federal Mr. President, the Federal Govern- ficials the option to do so if they office seekers, virtually all of them ment still owes the District govern- choose.’’ Democrats, according to the Wash- ment more than $254 million, of which Mr. President, we have come to an- ington Post story. $219 million is the remaining portion of other vote on this conference report. I So I do not want to hear from the the Federal payment. There are real hope my colleagues will heed the words other side of the aisle how they are human consequences to this delay. Dis- of the mayor and the chairman of the voting to save education when they trict vendors are carrying the city’s control board and invoke cloture so vote against cloture. They are not vot- debt. The city owes more than $300 mil- that we do not have to wait for some ing for the children’s interest of the lion to its vendors. Partially as a re- other legislation to enact this bill. District. They are voting for the spe- sult of not receiving the Federal pay- Time and the District’s need for cash cial interests of the District. ment, the city has taken steps to con- are of urgent concern. I ask my col- Incredibly, many people in the White serve cash including delaying pay- leagues to support the conference House and in Congress who oppose this ments to vendors. Many of these indi- agreement so that we may discharge small effort to give children of working viduals are small businessmen who de- our obligations to the city. pend upon prompt payment to meet Mr. President, I yield the floor and families a chance send their own chil- their own payroll and business ex- yield 4 minutes to the Senator from dren to the most expensive private penses. When one of their customers is Iowa. schools in the city. I hope as they drive late, it causes a hardship. Some have The PRESIDING OFFICER. The Sen- their sons and daughters to their elite gone out of business. Some have had to ator from Iowa. academies that they can roll up the lay off employees, and some, like snow- Mr. GRASSLEY. Mr. President, the tinted windows of their cars and, thus, plow operators, refuse to do further issue before us is not just the city gov- will not have to look at the children business with the city. And let us hope ernment of Washington, DC, because who have no chance, and they can shut we do not get another snowstorm. But that general issue is not what is hold- out the noises of those children asking it is still too early to be sure of that. ing up this legislation. The issue is for a chance. Mr. President, each year we make an whether or not the children of the Dis- The Post story recounts that Presi- appropriation of $52 million to the Dis- trict of Columbia ought to have a bet- dent Clinton told the NEA after he was trict’s retirement fund for police, fire- ter education and a better educational elected that he would not ‘‘forget who fighters, teachers, and judges, who system. And if that educational system brought me to the White House.’’ were formerly Federal employees when does not evolve, then that the poor of the District government was a Federal the District of Columbia would have No, President Clinton has not forgot- agency. As a result of the delay in en- the same opportunity as the rich of the ten his big special interest friends. Un- acting this bill, the Federal Govern- District of Columbia to make sure fortunately, it is the children of the ment has not paid $35 million of this their children have an equal edu- poor struggling to get a good education amount for those pensioners. These cational opportunity. And that re- who have been forgotten by this White funds are invested for the future ben- volves around whether or not school House if they, in fact, veto this bill. efit of retirees. Through the end of vouchers ought to be available to the I hope my colleagues will do the January, the retirement fund esti- poor of Washington, DC, so that they right thing for the children of the Dis- mates that it has lost over $2 million can have then the same educational op- trict and vote for this bill and give

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1508 CONGRESSIONAL RECORD — SENATE March 5, 1996 them a chance for a better education that is going to say to the District of mire both his commitment to the qual- tomorrow and a better future as a re- Columbia, ‘‘Use this money our way or ity of education nationwide and also in sult thereof. you’re not going to get it.’’ That is real the District of Columbia. We will work Mr. JEFFORDS addressed the Chair. choice. That is real choice. That is real with him and the other Members of the The PRESIDING OFFICER. The Sen- choice for the citizens here. House to make sure the District of Co- ator from Vermont. So we ought to understand, this is lumbia gets its payment, but on this Mr. JEFFORDS. Mr. President, I the third time that we are being asked proposal we should say no. want to thank the Senator from Iowa to vote on this, Mr. President, along Mr. President, I see my friend and for some very explicit and appropriate with the other provisions of the legisla- colleague. I yield 4 minutes. comments on the situation that we are tion that provide an assault on the in- The PRESIDING OFFICER. The Sen- in. I hope that my colleagues will heed comes of working families here, unlike ator from Illinois. his words. any other part of the country, where Mr. SIMON. Mr. President, I simply I yield the floor, seeing there are the changes in the worker protection want to underscore what Senator KEN- speakers on the other side, I believe, under Davis-Bacon have been included, NEDY has had to say. The Presiding Of- ready to go. and the position of the Congress on the ficer, as a new Member of this body, Mr. KENNEDY. Mr. President, how issues of funding for abortions. We are may not be aware of this, but in addi- much time remains? making a judgment which the Supreme tion to everything that Senator KEN- The PRESIDING OFFICER. The Sen- Court has recognized ought to be a NEDY had to say, one of the things that ator from Massachusetts has 13 min- State or a local judgment, but, oh, no, is happening in our world that is really utes, 6 seconds remaining. we are saying we know best, we know dramatic is the spread of democracy. It Mr. KENNEDY. I yield myself 6 min- what is really best for the education of is in Russia, it is in Poland, it is in utes. the students, and we know what is in many countries of Africa now. Mr. President, just to sum up where the best interest of the poor and needy It is interesting, Mr. President, that we are in the U.S. Senate, and really women in the District, and we know in all of the democracies of the world, speaking to the people who live in the what is in the best interest of workers there is only one democracy where we District, we are seeing a third vote on in the District. deny the people in the capital city the an issue in which I believe our good Re- We will hear, as we have over the pe- right to be represented in a democracy, publican friends are basically playing riod of these past months, that we in in their parliament. That democracy, I politics with the children of the Dis- this body do not always know what is regret to say, is the United States of trict of Columbia. best for the people around this coun- America. It is an interesting fact that 2 years try. How often we have heard that The District of Columbia has their ago, the majority cut $28 million out of speech. Now you have the chance to own elected school board, and we make funding for education in the District. say no to that judgment by rejecting all these speeches about local control, This last year, they cut some $14 mil- this conference report and saying yes but we say to only one school board— lion out, and then $8.5 million out of to workers, yes to needy women, yes to and it is not insignificant, it is a school title I. the parents and to the enhanced qual- board that does not have a vote in So that is the background, and now ity of education for the people of the terms of having a U.S. Senator—we say what they are doing is asking $42 mil- District. to one school board, ‘‘You have to do lion over the period of the next 5 years So, Mr. President, I hope for these this or you don’t get this money.’’ That for a very narrow program, which has reasons and the excellent reasons that just does not make sense. I add one been rejected 8 to 1 by the District of have been outlined by Senator KOHL other point, Mr. President. I have been Columbia, and that is the voucher sys- earlier today and during the last de- around here now 22 years and, gen- tem that is not going to give the choice bates and my friend and colleague from erally, we try and work out com- to the individual, it is going to give the Illinois, Senator SIMON, that this con- promises between the House and the choice to the school. ference report will not be considered; Senate. These are provisions that were That is something that our Repub- that we will send a very clear message. not favored by a single Member of the lican friends do not seem to under- As Senator KOHL has pointed out, Senate side. Democrats and Repub- stand. Only 2 percent of the children in and it has not been controverted, if you licans capitulated to the House. I un- the District would be able to qualify eliminated these kinds of restrictions derstand capitulating because you have for this particular program. Who is that have no business whatsoever being to do that sometimes. But the body going to make the judgment? Do you on this bill, this funding would be does not need to do that. The precedent think the parents are? Of course, they available this afternoon. But, no, we is simply wrong. are not. It is going to be the schools have voted on it. People understand So I hope that our vote on cloture that are making the judgment about where those votes are, and we are being will be the same. There is no reason for which children they are going to take. asked to go through this routine and anyone to change his or her mind. This So, on the one hand, we have seen the what I think is basically blackmailing is not good policy, and I hope we will commitment to try and enhance the the children and families of the Dis- continue to resist the cloture motion. academic achievement and accomplish- trict of Columbia to achieve some pur- I yield the remainder of my time ment for all of the children 2 years ago, pose for the majority that the majority back to Senator KENNEDY. and that was cut back, and then you might be able to explain to us. But we Mr. JEFFORDS. Mr. President, first, see the commitment to enhance oppor- are asked to do that, Mr. President. I thank my colleagues for their kind tunities for all of the children, and I want to make it very, very clear to words about our relationship, which I that is cut back. all the members of the District of Co- cherish. I thank them for very elo- Now we are faced with a conference lumbia, we stand strong to make sure quently making my arguments, be- proposal that effectively undermines that the District of Columbia is going cause they have pinned it all on the the first elected school board for the to get its funding. It could get it this fact that we are shoving something at District of Columbia by not funding afternoon if they drop these three pro- a city that has no opportunity with them. Do you hear that, Mr. President? posals off the conference report. They their elected officials to say no. I hope all of our Republican colleagues could work that conference report. All That is not the case. I wish they understand, local control. How often of us have been around this institution would read the bill. What it says is we hear, ‘‘Let’s have local control over to know the conferees would be able to simply that we set up the operation, school planning, local control over the get back together. Drop those three, and there is a nonprofit corporation set allocations of resources.’’ That is not and they could get it this afternoon. up to handle private funds and public this bill. We have had the two votes, and still funds. Then there will be two voucher The officials elected by the District they want to have the third one. But plans. One voucher plan nobody dis- of Columbia selected their school we will do everything we possibly can agrees with. One is that every child board, and that program is defunded. to work with our friend and colleague, that has problems with their education We have basically a Federal oversight the Senator from Vermont, who we ad- will have an opportunity to seek a

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1509 voucher to go after school—or to go should do to help the city and to, most That is unacceptable, Mr. President. someplace to get the kind of remedial of all, help the kids get the education I hope that we will defeat the cloture attention they need. Nobody disagrees they need in this city. motion and move toward providing the with that. The bill further states that, I reserve the remainder of my time. funding to the District of Columbia. however, the corporation can rec- Mr. KENNEDY. How much time do I Mr. JEFFORDS. How much time re- ommend that money would go for tui- have? mains? tion vouchers. However, there must be The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. There agreement upon how much to spend on ator has 4 minutes. are 30 seconds remaining. tuition vouchers, down to zero, and Mr. KENNEDY. Mr. President, I yield Mr. JEFFORDS. I point out that we that is up to the elected city officials, myself 3 minutes. have never cut the school budgets of Mr. President, I appreciate the expla- the District Council. They can say no the city. The city has recommended re- nation of the Senator from Vermont. money. ductions, some of which were accepted. But I do not think that that ought to When we reached this agreement, I We have never imposed cuts. So, again, be very satisfying to the parents of the was fully aware there had been a ref- let us get the facts straight. school district in the District of Co- erendum that said, 8 to 1, ‘‘We do not In addition to that, this $5 million is lumbia. Effectively, what the Repub- want any vouchers.’’ That simply the only thing at risk here. All of that lican Congress has done is this: They means that I knew, and I am sure oth- can be used if the city council and the have cut $52 million in the last 2 years ers that have agreed to this know, that scholarship corporation agree. It can on the one hand, and they are giving many people in the District are against all be used for the kind of vouchers $42 million back on the other, if it is it. To make the presumption that the that no one opposes, for remedial in- used as explained by the Senator from city council does not remember this struction. Local control is total here. Vermont, and that is whether it is vote, that was on the ballot, which said Mr. WARNER. Mr. President, as the vouchers or after-school vouchers. But Senate today again attempts to limit that the city voters do not want vouch- if they do not spend it for the vouchers, ers, 8 to 1, and they are going to say debate on H.R. 2546, the fiscal year 1996 they lose it. They lose it. They do not District of Columbia appropriations forget about that, forget about how get the money. bill, I would like to address what seems you feel now—of course, they are not. You have had these draconian cuts to be the principal roadblock to Senate So I appreciate Senators on the other that we have seen in the last 2 years, side making the argument strongly and they are dangling the money in approval. That issue is the proposed that we should not have anything that front of the District now and saying discretionary educational voucher pro- is locally controlled. This conference the only way you can use this money is gram. The conference report on H.R. 2546 agreement gives the city local control. if you use it for the programs of after- So how can you say you are against school vouchers and the other vouch- would authorize school vouchers for as it because it does not have local con- ers. many as 1,500 low-income children at trol when the whole thing is based What do you say to the school that up to $3,000 each. These vouchers could upon local control? says they would like just a few more be used for one of two purposes: Either The other issues, we have argued be- hundred thousand dollars for the lit- for supplemental educational services fore, with respect to Davis-Bacon may eracy program, or they would like to such as remedial training after school, not be a problem. If it is, we will cor- have an in-school after-school pro- or as tuition scholarships to assist rect it. The abortion issue is a com- gram? It would not be just the kids with the costs of private education. promise between the language adopted that get the vouchers, but all the chil- As proposed, the voucher demonstra- in 1995, and which was adopted by the dren. You are saying no to that group tion is not mandated. It is authorized Senate this year and the more restric- of parents that want to have an after- first as a choice for the District of Co- tive language of the House bill. The school program and use some of the lumbia Council. No voucher program conference agreement states that no money. We otherwise would have got- could go forward until it was approved funds, either from the local govern- ten another $42 million for the after- by the District government. ment or the Federal Government, can school program. What if the teachers Furthermore, should the District de- be used to perform an abortion unless and parents say we would like to have cide to implement the voucher dem- it is to save the life of the mother or in more technology, computers? Oh, no, onstration, the D.C. Council could cases of rape or incest. That was the we have to permit 2 percent of the specify the type of vouchers which best we could do. school children to go to some other would be available. For instance, all of Let us concentrate on the edu- schools. We cannot say that in your the demonstration funds could be tar- cational provisions now. Mr. President, school you might be able to get some geted to supplemental educational we have done everything in this agree- additional resources for technology. services with no tuition assistance al- ment we can to protect the people of Those are the things that are out ternative. this city from a mandatory Federal there, parents, and under this proposal, Mr. President, this legislation re- program which would violate local con- you are denying it. You have had sig- spects home rule by giving the D.C. trol. That is the case in this agree- nificant cuts in the last 2 years. You government the discretion to choose ment. are offering them a lot of money this the type of program it may wish to In addition, we must remember that way, but it has to be used not the way provide, or reject the program out- there are many other important edu- the District of Columbia wants to use right. It would also give up to 1,500 D.C. cation reforms in this bill besides that it, which has rejected vouchers in re- families the ability to make important one provision. We run the risk, as I cent years by 8 to 1—if they had want- choices to improve their children’s mentioned earlier, of ending up with ed vouchers, they would have had it be- education. nothing here, and all the catastrophes fore this year. They never have. So you I strongly support the bill, and I that can come from that, including los- are saying we know best, and you are strongly support the discretionary ing the funding for the reforms. going to use the money this way, or school voucher demonstration. This is I want to say briefly that I know you are going to lose it. consistent with my support of a similar there are several Members—enough to That is unacceptable. We say that voucher demonstration proposal during pass this bill—that are tortured by this the schools know best and the parents, the 1994 debate on the Goals 2000 legis- vote right now, who want to support who may want to be able to develop lation. the cloture motion, but they know that after-school programs. Schools and The American education system the problem has been an agreement by parents want to have literacy and tech- should provide an environment which the unions to hold the line. The White nology, and schools and parents want fosters innovation and experimen- House is putting pressure on and say- to have enhancement of math and tation. Here is an opportunity to test ing they will veto it if it is presented in science. But we are saying, no, you that environment in the Nation’s Cap- its present form. I urge those Members cannot do that. You have to use it our ital. I urge my colleagues to join in to look at the facts and get the grit to way, or you lose the money. That is the voting in favor of educational choice be able to do what you know you issue. for the District of Columbia.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1510 CONGRESSIONAL RECORD — SENATE March 5, 1996 Mr. JEFFORDS. Mr. President, I Third, effective August 1, 1996, the help demonstrate a genuine change of yield back the remainder of my time. Helms-Dole-Burton bill creates legal heart by the White House. f recourse in American courts against Let there be no mistake: Castro’s dic- firms and individuals who profit from tatorship will end. From Poland and RECESS property confiscated from Americans. Prague, from Moscow to Managua, The PRESIDING OFFICER. Under Limited authority to suspend this pro- from Kiev to Kazakhstan, Communist the previous order, the Senate will now vision is included in the conference re- tyrants have fallen to the will of peo- stand in recess until the hour of 2:15 port, but only for 6-month periods, ple. Castro stands alone as the last dic- p.m. only with advance notice to Congress, tator in the hemisphere. When the his- Thereupon, the Senate, at 12:29 p.m., and only if the President certifies that tory of the fall of Castro is written, to- recessed until 2:15 p.m.; whereupon, the such a suspension will expedite demo- day’s action will have a central place. Senate reassembled when called to cratic change in Cuba. The atrocity over the Florida Straits— order by the Presiding Officer [Mr. There are many other important pro- the murder of martyrs of February 24— COATS]. visions in the bill: Authorization to has galvanized opposition to Castro. f support democratic and human rights And it has overcome obstacles to pass- CUBAN LIBERTY AND DEMOCRATIC groups in Cuba, tough conditions on ing their Libertad bill before us today. SOLIDARITY [LIBERTAD] ACT OF aid to the former Soviet states if they There is a long list of people who 1996—CONFERENCE REPORT provide aid to Cuba, mandatory reduc- worked hard on the legislation before us. Senator HELMS made enactment of The Senate continued with the con- tions in United States assistance and this legislation a priority when he as- sideration of the conference report. credits to any country which support Mr. DOLE addressed the Chair. completion of the nuclear reactors in sumed the chairmanship of the Foreign The PRESIDING OFFICER. The Cuba, and tough requirements for Relations Committee. Senator MACK of majority leader. United States Government action on Florida was critical in mobilizing Sen- Mr. DOLE. Mr. President, as I under- American fugitives in Cuba. ate support for the bill. stand, the vote is set for 2:15. The Libertad bill is a comprehensive In the House, Congressman BURTON The PRESIDING OFFICER. That is package which will cutoff Castro’s for- played a critical role in shepherding correct. eign economic lifeline. The Libertad the legislation to the overwhelming Mr. DOLE. Mr. President, the Senate conference report will speed up demo- vote last September. Congressman is taking a historic step today. We will cratic change in Cuba. It sends a clear DIAZ-BALART and Congresswoman ROS- soon vote on the conference report on message: The time of Fidel Castro has LEHTINEN were tireless in their work the Cuban Liberty and Democratic Sol- come and gone. It has been a long, hard for the bill—in the House and in the idarity Act of 1996. It is a tragedy it road to get to the point of final Senate Senate. Congressman MENENDEZ of New took the brutal attack on unarmed action. I wish we could have been here Jersey was central in getting the Clin- American citizens in international air- much sooner. I wish we could have ton administration to see the light on space to overcome resistance to tight- acted without facing veto threats and the legislation last week. All of these ening the economic noose around Cas- filibusters. Members deserve credit for the tro. Many of us believed legislation But today, these differences are be- Libertad conference report. Without should have been enacted much sooner. hind us. President Clinton has endorsed their efforts, we would not be where we Fifty-nine Senators voted for cloture the Helms-Burton bill—in its tough- are today. Enactment of this legisla- on this bill last October. Though we ened form. President Clinton has asked tion will end the debate over how to were forced to delete a critical section all Members of Congress to support foster democratic change in Cuba. En- to overcome the filibuster last year, this legislation. In a letter to me this actment of this legislation will send a that section has been restored in the morning, he wrote: signal to our allies and our adversaries conference report pending in the Sen- The conference report is a strong, bipar- that the United States is united in op- ate. tisan response that tightens the economic posing Fidel Castro. And enactment of Castro still has a few supporters in embargo against the Cuban regime and per- this legislation will bring the end of the United States. The tired rhetoric mits us to continue to promote democratic Fidel Castro’s reign of terror much defending his dictatorship is the last change in Cuba. I urge Congress to pass the closer. I urge my colleagues to support stand of the old left. But their voices Libertad bill in order to send Cuba a power- the Libertad bill to send the strongest are irrelevant. Their voices are ful message that the United States will not possible message to the hemisphere’s tolerate further loss of American life. drowned out by the overwhelming and last dictator. uncontestable evidence of Castro’s true There can be no doubt that the signal The signals are clear. It is now non- nature. Castro is clearly determined to from the United States is stronger partisan, bipartisan, call it what you cling to power at all costs, but his days when the Democratic White House and will. I hope with an overwhelming vote are numbered. Enactment of the Republican Congress speak with the that Castro will finally get the mes- Libertad bill will weaken, and eventu- same voice. There can be no doubt that sage. And I think the administration ally end, Castro’s desperate dictator- the signal from the United States is has finally gotten the message. After ship. unmistakable: Democracy yes, dicta- cozying up to Castro in 1994 and 1995, There has been much said in the de- torship no. they now see the error of their ways. bate this morning about this bill. The Now that the White House is on And I am happy that they are now on key provisions deserve special men- board with a tougher approach to the board. tion. First, the Helms-Dole-Burton Castro regime, I hope they will enact I particularly want to thank the dis- Libertad bill codifies all regulations unilateral steps to increase pressure on tinguished chairman of the committee, implementing the embargo on Cuba. Castro—steps they could take today. Senator HELMS, for his tireless efforts This will ensure no more mixed signals The Clinton administration should beef throughout the past several months. will be sent from the United States— up enforcement of the embargo, includ- f the Cuban embargo stays in place until ing opening a Treasury Department of- a transition government is in place. fice in Miami. The Clinton administra- MIDDLE EAST TERRORISM Second, the Libertad bill requires tion should also instruct the FBI to Mr. DOLE. Mr. President, apparently entry to the United States be denied to crack down on Cuban agents in the the White House press secretary made all individuals who traffic in stolen United States including tougher re- some statements this morning that I property in Cuba. Entry into the strictions on so-called diplomats and think probably he should not have United States is a privilege, not a stronger steps to counter Cuban spies made. I am not certain it helps the right. Enactment of this bill will guar- in Miami. The administration should cause of counterterrorism to talk pub- antee that the privilege of entry to the also require strict compliance with the licly about the type of equipment we United States is not extended to those Foreign Agents Registration Act to en- are sending to help our allies. I sup- who profit from property stolen from sure all of Castro’s lobbyists are pub- port, and I am certain all of my col- American citizens. licly disclosed. Measures like these will leagues support, United States efforts

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1511 to support Israel’s fight against the Moseley-Braun Murray Simon The yeas and nays are ordered under killers of Hamas. I have pointed out Moynihan Pell Wellstone rule XXII. that continued United States aid to the NOT VOTING—4 The clerk will call the roll. Palestinian authority is difficult to Inouye Nunn The bill clerk called the roll. justify unless Arafat takes concrete ac- Lugar Roth Mr. LOTT. I announce that the Sen- tion against terrorists who threaten So the conference report was agreed ator from Indiana [Mr. LUGAR] and the the peace process. Congress has had to. Senator from Delaware [Mr. ROTH] are many contentious delays in extending Mr. COVERDELL. Mr. President, as necessarily absent. the Middle East Facilitation Act in the manager of the conference report on Mr. FORD. I announce that the Sen- past. We could have a continuing reso- H.R. 927 just adopted by the Senate, I ator from Hawaii [Mr. INOUYE] and the lution in the Chamber maybe next ask unanimous consent to address the Senator from Georgia [Mr. NUNN] are week or maybe even this week, some- Senate for 1 minute. necessarily absent. time very soon, and unless and until The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. Arafat does more to crack down on ter- objection, the Senator from Georgia is FAIRCLOTH). Are there any other Sen- rorism, I would assume—I am not sug- recognized. ators in the Chamber desiring to vote? gesting I am going to plead it, but I as- Mr. COVERDELL. Mr. President, I The yeas and nays resulted—yeas 53, sume there might be an effort by some wish to thank Senator HELMS, the nays 43, as follows: to cut off aid to the Palestinian au- chairman of the Foreign Relations [Rollcall Vote No. 23 Leg.] thority, and that is the point I made. It Committee, and the majority leader, YEAS—53 seems to me it is up to Mr. Arafat to Senator DOLE, for their leadership on Abraham Domenici Lott take some decisive action. It is not this issue. Ashcroft Faircloth Mack I also wish to thank my fellow Sen- Bennett Frist McCain enough to say that he regrets it and it Bond Gorton McConnell ate conferees—Senators THOMPSON, is intolerable. I think we need action Bradley Gramm Murkowski not only from Arafat but some action SNOWE, and ROBB—for their relentless Breaux Grams Nickles from Syria which has been a safe haven effort and willingness to work long Brown Grassley Pressler Burns Gregg Santorum for terrorists the last decade or so. hours to pass the conference report. Byrd Hatch Shelby Further, I wish to thank Senator DODD Campbell Hatfield Simpson f Coats Helms for his knowledgeable input and man- Smith agement of the conference report on Cochran Hutchison CUBAN LIBERTY AND DEMOCRATIC Cohen Inhofe Snowe SOLIDARITY [LIBERTAD] ACT OF the floor, and for his willingness to Coverdell Jeffords Stevens 1996—CONFERENCE REPORT bring this to closure even though he Craig Kassebaum Thomas does not support the measure. D’Amato Kempthorne Thompson The Senate continued with the con- Thurmond In addition, I want to add my thanks DeWine Kyl sideration of the conference report. Dole Lieberman Warner to the staff involved in this conference The PRESIDING OFFICER. The report, especially Steve Schrage of my NAYS—43 question is now on agreeing to the con- office, and Dan Fisk and Gina Marie Akaka Ford Moseley-Braun ference report to accompany H.R. 927. Lichacz of the Senate Foreign Rela- Baucus Glenn Moynihan The yeas and nays have been ordered. Biden Graham Murray tions Committee who worked dili- The clerk will call the roll. Bingaman Harkin Pell gently throughout the process to keep Boxer Heflin The legislative clerk called the roll. Pryor me fully briefed and prepared. I also Bryan Hollings Reid Mr. LOTT. I announce that the Sen- Bumpers Johnston wish to express my gratitude to Randy Robb ator from Indiana [Mr. LUGAR] and the Chafee Kennedy Rockefeller Conrad Kerrey Scheunemann of the leader’s office for Sarbanes Senator from Delaware [Mr. ROTH] are Daschle Kerry his invaluable expertise, and to Janice Simon necessarily absent. Dodd Kohl O’Connell of Senator DODD’s staff for Specter Mr. FORD. I announce that the Sen- Dorgan Lautenberg graciously working with us during Exon Leahy Wellstone ator from Hawaii [Mr. INOUYE] and the floor consideration of this conference Feingold Levin Wyden Senator from Georgia [Mr. NUNN] are report. Finally, I wish to acknowledge Feinstein Mikulski necessarily absent. all the other Senators and staff who NOT VOTING—4 The result was announced—yeas 74, made passage of the Libertad Act a re- nays 22, as follows: Inouye Nunn ality. Lugar Roth [Rollcall Vote No. 22 Leg.] f The PRESIDING OFFICER. On this YEAS—74 vote, the yeas are 53, the nays are 43. Abraham Faircloth Mack DISTRICT OF COLUMBIA APPRO- PRIATIONS ACT, 1996—CON- Three-fifths of the Senators duly cho- Ashcroft Feinstein McCain sen and sworn not having voted in the Baucus Ford McConnell FERENCE REPORT Bennett Frist Mikulski affirmative, the motion is rejected. Biden Glenn Murkowski CLOTURE MOTION Mr. JEFFORDS. Mr. President, I Bradley Gorton Nickles The PRESIDING OFFICER. The move to reconsider the vote. Breaux Graham Pressler clerk will report the motion to invoke Brown Gramm Mr. LOTT. I move to lay that motion Pryor cloture on the conference report to ac- Bryan Grams Reid on the table. Burns Grassley Robb company H.R. 2546, the D.C. appropria- The motion to lay on the table was Byrd Gregg Rockefeller tions bill. agreed to. Campbell Hatch Santorum Coats Heflin The legislative clerk read as follows: The PRESIDING OFFICER. The Sarbanes Cochran Helms CLOTURE MOTION Chair recognizes the Senator from Cohen Hollings Shelby Simpson We, the undersigned Senators, in accord- Vermont. Conrad Hutchison ance with provisions of rule XXII of the Mr. JEFFORDS. Mr. President, once Coverdell Inhofe Smith Craig Johnston Snowe Standing Rules of the Senate, do hereby again the Senate has expressed its will D’Amato Kassebaum Specter move to bring to a close debate on the con- on the conference report for the Dis- Daschle Kempthorne Stevens ference report to accompany H.R. 2546, the trict of Columbia appropriations bill. Thomas DeWine Kohl District of Columbia appropriations bill: Clearly there are provisions in the con- Dole Kyl Thompson Trent Lott, Jim Jeffords, Dan Coats, Domenici Lautenberg Thurmond Larry E. Craig, Paul D. Coverdell, ference agreement that are not accept- Dorgan Lieberman Warner Conrad Burns, Pete V. Domenici, Jon able to a significant minority of the Exon Lott Wyden Kyl, John Ashcroft, Slade Gorton, Senate, which makes it impossible at NAYS—22 Spencer Abraham, Craig Thomas, Mark this time to pass the bill in its present Akaka Dodd Kerrey O. Hatfield, C.S. Bond, P. Gramm, Don form. Bingaman Feingold Kerry Nickles. I will work with my colleagues here Bond Harkin Leahy The PRESIDING OFFICER. The in the Senate and in the other body to Boxer Hatfield Levin Bumpers Jeffords question is, Is it the sense of the Sen- find a common ground. I want to as- Chafee Kennedy ate that debate be brought to a close? sure the District officials I will seek

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1512 CONGRESSIONAL RECORD — SENATE March 5, 1996 every legislative vehicle to ensure that riod for the transaction of routine contraceptive supplies, such as pills, the remainder of the Federal payment morning business until the hour of 3:30 condoms or injectables, or to start use of a to the city is provided as quickly as p.m., with Senators permitted to speak long-term method, such as voluntary steri- lization, hormonal implants or IUDs. possible. I will discuss with the distin- for up to 5 minutes each. A cut in program resources of 35% means guished chairman of the Committee on The PRESIDING OFFICER. Without that 12.9 rather than 19.8 million couples will Appropriations the possibility of in- objection, it is so ordered. be able to be served in a year’s time, leaving cluding the District in any omnibus Mr. HATFIELD. Mr. President, I 7.0 million couples without access to contra- bill or continuing resolution in the have recently expressed my concern for ceptive supplies or services. Senate, which we may consider, hope- the harm done through the 85-percent The second step is estimating what effect fully this week. cut in international voluntary family losing U.S. supported family planning serv- I intend to get the money available planning programs which is now law ices will have on the couples who were de- pending on them for contraceptive care. for education reform so it is not lost to for this fiscal year. There are few other contraceptive choices the city, and to secure as much edu- I wish to submit for the record a in developing countries for women who lack cation reform as possible. It is impera- body of statistics which describe what access to modern contraceptives. A conserv- tive for the kids—and that is why we is likely to happen in the aftermath of ative estimate is that of the 7.0 million are here, is for those kids—and essen- a 35-percent cut in voluntary family women losing services because of U.S. fund- tial to the District’s ability to attract planning programs. Again, the cut in ing cuts 2.8 million will turn to traditional business and people. this fiscal year is 85 percent. methods and 4.2 million will use no contra- These statistics represent the most ceptive. I thank the Senators who have sup- Because pregnancy rates are so much high- ported us, the majority, in attempting conservative estimates of what a 35- er among couples relying on no method or on to bring an end to this debate and en- percent cut would mean. In sum, we a traditional method than if they use a mod- courage those who did not to keep an can expect nearly 2 million more abor- ern contraceptive, 4.0 million more unwanted open mind and consider the larger issue tions, and a minimum of 8,000 more pregnancies are expected in developing coun- of the needs of the Capital as we at- women dying in pregnancy and child- tries due to the drop in family planning pro- tempt to resolve this issue, and espe- birth. One need not be a professional gram resources. cially consider the children so badly in demographer to calculate what this About 40% of these unintended pregnancies are likely to end in induced abortion, even need of education reform. Mr. Presi- year’s 85 percent cut will mean for fam- though it is often not legal and performed in dent, I am concerned about where we ilies across the globe. unsafe conditions—accounting for 1.6 million have gone. I still have hopes we will be Mr. President, I ask unanimous con- abortions among the expected additional un- able to resolve this. I will keep doing sent that these estimates be printed in warranted pregnancies. that until such time as we have the RECORD. Some 47% of these unintended pregnancies reached the kind of solution that we There being no objection, the mate- are likely to end in unwanted births with the need for this city. rial was ordered to be printed in the remaining 13% resulting in spontaneous abortions or miscarriages—accounting for 1.9 I yield the floor. RECORD, as follows: million unwanted births among the expected Mr. GORTON addressed the Chair. METHODOLOGICAL SUMMARY additional unwanted pregnancies. The PRESIDING OFFICER. The (Prepared by the Alan Guttmacher Institute) Maternal mortality rates in developing Chair recognizes the Senator from The potential effect of a 35% cut in U.S. countries are high, about 4.1 deaths per 1,000 Washington. funding for family planning is estimated by women giving birth, leading to an estimated Mr. GORTON. Mr. President, are we gathering and sometimes reconciling infor- 8,000 additional deaths due to pregnancy still on this bill? What is the issue be- mation from a wide variety of sources, rang- among the women facing additional uninten- fore the Senate at this time? ing from national censuses and population tional pregnancies. The PRESIDING OFFICER. The con- estimates to country-specific surveys of In summary, it is estimated that, in a ference report is still pending. women of reproductive age to special studies year’s time as a result of a 35% cut in AID Mr. GORTON. Mr. President, I ask of contraceptive use and of pregnancy out- funding, there will be: comes. Detailed references and calculations 7.0 million couples in developing countries unanimous consent I be permitted to who would have used modern contraceptive speak as in morning business for not to are available on request. The following out- line describes the basic steps in the esti- methods will be left without access to these exceed 5 minutes. mation. methods. The PRESIDING OFFICER. Without Estimation of the impact of the funding As a result, there will be 4.0 million more objection, it is so ordered. cut starts by determining how many of the women experiencing unintended pregnancies, Mr. LOTT. Mr. President, certainly I couples who depend on U.S funded family leading in turn to: 1.9 million more unplanned births, and planning programs will lose their access to will not object, but will the Senator 1.6 million more abortions (the remainder contraceptives. withhold so I can make some impor- of the unintended pregnancies ending in mis- Population censuses and estimates indi- tant points at this point? carriages); and Mr. GORTON. I would indeed with- cate an estimated 829 million women of re- 8,000 more women dying in pregnancy and hold, and also for the Senator from productive age are living today in developing childbirth. countries other than China (which receives Vermont, if he wished to speak to the no U.S. family planning program support). Estimate of number of additional abortions re- conference report. Surveys of women in developing countries sulting from a 35-percent cut in USAID fund- Mr. LEAHY. Mr. President, I just ask show that roughly 247.5 million of these ing for family planning services for all devel- I be recognized after the distinguished women and their partners use modern meth- oping countries excluding China Senator from Washington. ods of contraception to lengthen the time be- 1. WRA ...... 829,000,000 I understand the Senator from Mis- tween the births of their children or to avoid 2. Percent in union ...... having more children than they already 3. MWRA ...... sissippi has some housekeeping mat- 4. Percent MWRA using ters to take care of first, but after that have. Because of their poverty, 190.5 million, or modern methods ...... is done and after the distinguished Sen- 5. Percent WRA using mod- 77%, of the couples in developing countries ator from the State of Washington, I ern methods ...... outside of China who are using modern con- 6. Modern method users ..... 247,473,000 ask I might be recognized as in morn- traceptive methods rely on public-sector ing business. That is a unanimous-con- 7. Percent FP supplied by family planning programs for their contra- public sector ...... 74 sent request. ceptive method. 8. Percent of private sector The PRESIDING OFFICER. Without The United States contributes about 17% subsidized ...... 10 objection, it is so ordered. of all public funds spent on family planning 9. Modern method users re- The Senator from Mississippi. in developing countries other than China, ac- lying on public sources ... 190,455,221 Mr. LOTT. Mr. President, I do just counting for 32.4 million couples using mod- 10. Percent of USAID share have a couple of items we need to do ern contraceptive methods. [Of these cou- of total funding ...... 17 ples, 12.6 million are estimated to be pro- right away. 11. Users protected by tected by contraceptive sterilization or long- USAID ...... 32,377,388 f lasting methods including hormonal im- 12. Percent users using MORNING BUSINESS plants (such as Norplant) and intra-uterine long term methods ...... 43 devices (IUDs).] 13. New sterilization accep- Mr. LOTT. Mr. President, I ask unan- On an annual basis, 19.8 million couples de- tors as percent of ster. imous consent that there now be a pe- pend on U.S. supported programs to obtain users ...... 10

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0655 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1513 14. USAID-funded users 19. Percent of failure rate 24. Percent resorting to needing current protec- for traditional methods .. 30 abortion ...... 40 tion ...... 19,847,339 20. Unwanted pregnancies 25. Additional abortions .... 1,583,818 15. Percent of USAID budg- from traditional use ...... 833,588 26. Percent of pregnancies et cut ...... 35 21. Percent of pregnancy 16. Current users left un- resulting in live births ... 47 rate for those unpro- protected ...... 6,946,568 tected ...... 75 27. Additional unwanted 17. Proportion adopting births ...... 1,860,986 traditional methods in 22. Unwanted pregnancies percent ...... 40 from those unprotected .. 3,125,956 28. Maternal mortality rate 410 18. New users of traditional 23. Total unwanted preg- 29. Additional maternal methods ...... 2,778,627 nancies from budget cuts 3,959,544 deaths ...... 7,630 ESTIMATE OF NUMBER OF ADDITIONAL ABORTIONS AND MATERNAL DEATHS RESULTING FROM A 35-PERCENT CUT IN USAID FUNDING FOR FAMILY PLANNING

Developing coun- Bangladesh 1993/ Date of DHS tries minus China 94 Ghana 1993 Philippines 1993 Peru 1991/92

1. Women of reproductive age (WRA) ...... 829,000,000 29,100,183 3,970,368 17,019,483 6,143,800 2. Percent in union ...... 79 ...... 3. Married women of reproductive age (MWRA) ...... 23,076,445 ...... 4. Percent MWRA using modern methods ...... 36 ...... 5. Percent WRA using modern methods ...... 9 15 20 6. Modern method users ...... 247,473,000 8,353,673 369,244 2,569,942 1,222,616 7. Percent FP supplied by public sector ...... 74.4 79 43 70 48 8. Percent of private sector subsidized ...... 10 10 10 10 10 9. Modern method users relying on public sources ...... 190,455,221 6,774,829 179,822 1,876,058 650,432 10 Percent of USAID share of total funding ...... 17 24 40 65 57 11. Users protected by USAID ...... 32,377,388 1,625,959 71,929 1,219,437 370,746 12. Percent of users using long term methods ...... 43 31 16 61 37 13. New sterilization acceptors as percent of ster. users ...... 10 6 13 7 9 14. USAID-funded users needing current protection ...... 19,847,339 1,153,415 61,859 525,171 246,041 15. Percent of USAID budget cut ...... 35 35 35 35 35 16. Current users left unprotected ...... 6,946,568 403,695 21,651 183,810 86,114 17. Proportion adopting traditional methods in percent ...... 40 40 40 40 40 18. New users of traditional methods ...... 2,778,627 161,478 8,660 73,524 34,446 19. Percent of additional pregnancy rate with traditional methods ...... 30 30 30 30 30 20. Unwanted pregnancies from traditional use ...... 833,588 48,443 2,598 22,057 10,334 21. Percent of additional pregnancy rate for those unprotected ...... 75 75 75 75 75 22. Unwanted pregnancies from those unprotected ...... 3,125,956 181,663 9,743 82,714 38,751 23. Total unwanted pregnancies from budget cuts ...... 3,959,544 230,106 12,341 104,772 49,085 24. Percent resorting to abortion ...... 40 38 40 52 43 25. Additional abortions ...... 1,583,818 87,440 4,936 54,481 21,107 26. Percent of pregnancies resulting in live births ...... 47 49 46 36 43 27. Additional unwanted births ...... 1,860,986 112,752 5,800 37,718 21,107 28. Maternal mortality rate ...... 410 600 1000 100 300 29. Additional maternal deaths ...... 7,630 677 58 38 63

SOURCES AND NOTES cluding China becomes 74.4%: (460.6 million years of protection, or 115 million. The 1. Population Division, 1995, World Popu- users 86.3% public—213.2 Chinese users)/247.5 USAID figure of 19.6 million is 17 percent of lation Prospects: The 1994 Revision. New York: million users in LDC-China.) 115 million. Department for Economic and Social Affairs, 8. According to Contraceptive Use and Com- The third approach assumes that official United Nations. ST/ESA/SER.A/145. All fig- modity Costs in Developing Countries, 1994–2005, development assistance accounted for 25% of ures are for 1995. p. 30, 4.4% of all private sector services are total funds spent on family planning; private 2. DHS country reports. provided by NGOs. Other private sector serv- payments by users accounted for another 3. WRA [1] percent in unions [2]. ices, such as social marketing, are also sub- 25% and governments of developing countries 4. DHS country reports. sidized. We have estimated that 10% of all funded the remaining 50% (R. Bulatao, 1993. 5. DHS country reports. private sector services are subsidized by the Effective Family Planning Programs, Wash- 6. For specific countries modern method public sector. ington, DC: World Bank). Thus, 75% of funds users are calculated by: WRA [1] percent WRA 9. Modern users relying on public are from public sources. USAID contributes using modern methods [5] if data are available, sources=Modern method users [6] percent public about 50% of all foreign assistance family otherwise MWRA [3] percent MWRA using [7] + modern method users [6] percent private planning dollars. Thus it contributes 17% of modern methods [4]. percent of private sector subsidized [8]. Percent public funding for family planning: 50%25%/ For all developing countries, the number of private=1-percent public [7]. 75%=16.7%. 11. Modern method users relying on public modern method users is derived from: W. 10. Estimates for individual countries are sources [9]USAID share of funding [10]. This es- Parker Mauldin and Vincent C. Miller, 1994. from Population Action International (un- timate coincides well with an estimate based Contraceptive Use and Commodity Costs in De- published tabulations). on commodities distributed. USAID provided veloping Countries, 1994–2005. Technical Report For the developing world excluding China 19.6 million couple-years of protection based estimates are based on three different ap- Number 18. New York; United National Popu- on all methods other than sterilization (see lation Fund, p. 17. This source gives the total proaches. 10 above). In the developing world, 56 percent number of modern method users in the devel- The first approach is based on the fol- of users rely on these methods, the other 44 oping world in 1995 as 460,673,000. Modern lowing assumptions and calculations by Pop- percent use sterilization (Contraceptive Use method users in China (213.2 million) were ulation Action International: total family and Commodity Costs in Developing Countries, subtracted to estimate users in the rest of planning expenditure in the developing world 1994–2005, p. 20). If the same ratio applies to the developing world. The estimate for China is $4–5 billion, expenditure in China is $1 bil- USAID-supported users, then total USAID- is based on contraceptive prevalence of 83 lion, USAID expenditure in FY 1995 was $547 supported users would be 19.6 million/0.56 or percent of MWRA (World Contraceptive Use million, thus USAID expenditure is 14–18% of 35 million. 1994, United Nations Department of Eco- all expenditure outside China. 12. Figures for individual countries are nomic and Social Information and Policy The second approach is based on commod- from DHS. They refer to sterilization users. Analysis, Population Division, New York.) ities distributed. In FY 1995 USAID provided In countries with significant reliance on the The number of MWRA in China is estimated 608 million condoms, 3.1 million IUDs, 52.5 IUD, 70 percent of IUD users have also been to be 256.9 million, based on a 1990 estimate million cycles of oral contraceptives, 14.8 included as long-term use (based on an aver- in World Contraceptive Use 1994 of 222.7 mil- million vaginal foaming tablets, 82 thousand age duration of use of about 3.5 years). For lion and an annual growth rate of WRA of 2.9 units of Norplant and 2.9 million units of all developing countries the estimate is cal- percent (World Population Prospects). Depo-Provera. (NEWVERN Information Sys- culated as the weighted average for the 18 7. For individual countries figures are from tem, special tabulation provided by JSI). countries with the largest USAID programs DHS reports for users of reversible methods. This translates in 19.6 million couple-years (weighted by the number of USAID-sup- For the developing world excluding China of protection for these methods alone. Ac- ported users). the figure is based on an estimate of users cording to Contraceptive Use and Commodity 13. Calculated as 1/(45—mean age at steri- supplied by government sources for all devel- Costs in Developing Countries, 1994–2005, p. 24, lization). Estimates of mean age are from oping countries of 86.3% from Contraceptive total couple-years of protection for all meth- DHS and/or AVSC. Average for all developing Use and Commodity Costs in Developing Coun- ods except sterilization is 212.4 million. Chi- countries is from John Stover, et al., Empiri- tries, 1994–2005, p. 30. Assuming that all users nese users account for 46 percent of all mod- cally Based Conversion Factors for Calculating in China are supplied by the public sector, ern method users (213.2/460.7), so the remain- Couple-Years of Protection, The EVALUA- the estimate for all developing countries ex- ing countries have 54 percent of these couple- TION Project, 1996, draft.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1514 CONGRESSIONAL RECORD — SENATE March 5, 1996 14. Users protected by USAID [11] x (1-percent methods (note 19) leaves an additional preg- ing on the real problem: America does using long term methods [12] + percent using nancy rate of 75%. not have real trade troubles with na- long term methods [12] * New ster acceptors as % 22. (Users unprotected [18]—new traditional tions that accept and sell products of users [13]). method users [20] x pregnancy rate [23]. 15. Assumed to be 35 percent. 23. Unwanted pregnancies from traditional from America. America’s trade prob- 16. Users needing current protection [16] x per- method failure [22] + unwanted pregnancies lems are with countries like Japan and cent of budget cut [17]. from users left unprotected [24]. China that won’t let American prod- 17. This is an estimate of the percent peo- 24. Estimated to be 40%. Estimates are ucts into their markets. ple who lose their family planning services based on the following information: Across the Nation, columnist and due to USAID budget cuts that would adopt The number of unintended pregnancies is now Presidential candidate Pat Bu- traditional methods as an alternative. Since the sum of abortions, unintended births and the people losing their services are com- chanan has opened up the wound of dis- unintended pregnancies that end as sponta- investment in America. Unlike the mitted users, many would adopt traditional neous abortions (estimated as 10% of abor- methods. However, traditional methods re- tions + 20% of unintended births). Washington pundits and experts, people quire the active participation of both part- The main source of data on abortions is across America know that trade mat- ners, so many would probably not adopt World Health Organization, 1994. Abortion: A ters. Hard-working people have a tre- these methods. One approach to estimating tabulation of available data on the frequency of mendous disaffection with our trade this figure has been developed by The Alan unsafe abortion, Geneva: WHO. These figures policies and that unsettledness is Guttmacher Institute. This approach uses are also supported by S.K. Henshaw, 1990. bound to grow. DHS data to determine traditional method ‘‘Induced abortion: A world review’’, Family Mr. President, Roger Milliken hit the use as a proportion of all women either using Planning Perspectives, 22, 76–89 and The Alan nail on the head of trade in this inter- a traditional method or having an unmet Guttmacher Institute, 1994. Clandestine Abor- need for family planning. The average of 36 tion: A Latin American Reality, New York: view. I ask unanimous consent that it developing countries for which data are AGI. be printed in the RECORD. available shows that 20 percent of these The number of unintended births is ob- There being no objection, the mate- women use traditional methods (Alan tained by applying regional average propor- rial was ordered to be printed in the Guttmacher Institute, 1995. Hopes and Reali- tions of all births that are unintended, to UN RECORD, as follows: ties; Closing the Gap Between Women’s Repro- estimates of the total number of births in [From USA Today, Mar. 5, 1996] ductive Aspirations and their Reproductive Ex- each region. Estimates of the total number TEXTILE MAGNATE CRITIQUES RECENT TRADE periences, AGI, New York, Appendix Table 7). of births that are unintended are obtained DEALS This is likely to be an under-estimate since from DHS surveys done in the late 1980s/ there are many reasons other than lack of early 1990s. The weighted average for coun- Roger Milliken, the South Carolina textile access for women to have an unmet need tries that have surveys, in a given region, is magnate, is a leading advocate of protec- (lack of knowledge, religious objections to assumed to apply to the region as a whole. tionist trade policies and a major contrib- family planning, spouse opposes family plan- These proportions are based in women’s re- utor to GOP presidential candidate Patrick ning, fear of side effects). Therefore, to be ports of the wantedness status of each birth Buchanan and other conservative politicians conservative, we have doubled this figure to in the five years prior to the survey. Re- and causes. In a rare interview, Milliken 40 percent. gional distributions of all pregnancies by tells USA Today’s Beth Belton why he 18. Users left unprotected [18] x percent adopt- planning status were published in chart form thinks recent trade deals have been a mis- ing traditional methods [19]. in Hopes and Realities: Closing the Gap Be- take. 19. Failure rates for withdrawal and peri- tween Women’s Reproductive Aspirations and Q: You’re against free trade, right? odic abstinence in developed countries are their Reproductive Experiences, p. 25). These A: Stop right there. We do believe in free reported to be around 20% (Contraceptive data were used to recalculate the distribu- trade. We have plants offshore. We have one Technology, 16th Revised Edition, Robert A. tion of unintended pregnancies by pregnancy in Japan and 11 in Europe. But the products Hatcher, et al., New York: Irvington Pub- outcome (that is, excluding wanted births we make are all sold in those countries. We lishers, Inc. 1994, p. 652). For developing and that proportion of wanted pregnancies don’t take advantage of low labor costs to countries there is very little information. that end as spontaneous abortions). bring products back and destroy U.S. jobs. Q: But you are against the North American One study used DHS data to calculate that Country or region specific numbers were Free Trade Agreement. Do you have plants 16% of users of withdrawal had a birth in the used for the individual countries. For Peru in Canada or Mexico? first years of use (Lorenzo Moreno and No- estimates are from: The Alan Guttmacher A: No. And we wouldn’t consider either reen Goldman, 1991. ‘‘Contraceptive Failure Institute, 1994. Clandestine Abortion: A Latin country because I’ve studied history, and Rates in Developing Counties: Evidence from American Reality, New York: The Alan I’ve found that no country has ever remained Demographic and Health Surveys.’’ Inter- Guttmacher Institute. Other country esti- a major economic factor in the world that national Family Planning Perspectives, 17(2), mates are based on regional data (The Alan has lost its own manufacturing. . . . We have June 1991, pp. 44-49.) The number of preg- Guttmacher Institute, unpublished tabula- a manufactured goods trade deficit of $174 nancies (rather than births) due to tradi- tions). billion, and if you use Clinton administra- tional method failure would be even higher 25. Unwanted pregnancies [25] percent resort- tion figures that every $1 billion of exports (Elise F. Jones, ‘‘Contraceptive Failure and ing to abortion [26]. supports 20,000 jobs, it’s not far-fetched to Abortion.’’ International Family Planning Per- 26. Estimated as 47% for all developing say that if we didn’t have a deficit, we would spectives, 17(4), December 1991, p. 150) Also, countries. (Alan Guttmacher Institute, un- have 3.4 million more manufacturing jobs in this study was based on respondent recall. published tabulation.) For Peru estimates the U.S. than we have. There is a tendency, especially with tradi- are from: The Alan Guttmacher Institute, Q: The USA has been losing manufacturing tional method users, to forget or not report 1994. Clandestine Abortion: A Latin American jobs for decades, and many economists say use immediately before a pregnancy. There- Reality, New York: The Alan Guttmacher In- technology, not trade is the reason. You dis- fore, we assume that the annual pregnancy stitute. Other country estimates are based agree? rate among traditional method users is on regional data (the Alan Guttmacher Insti- A: Technology companies in this country about 40%. For users of modern methods the tute, unpublished tabulations). pay lower wages than textile companies. The pregnancy rate is about 10%. (It is estimated 27. Unwanted pregnancies [25] percent result- biggest piece—$52 billion—of our $174 billion to be about 14% in the U.S. among users of ing in live births [28]. goods trade deficit is in autos and auto reversible methods. [Elise F. Jones and J.D. 28. The Progress of Nations: 1995, UNICEF, parts. The second is textiles and apparel—$37 Forrest, 1992. ‘‘Contraceptive failure rates pp. 52–53. billion. We’re talking about year-round, full- based on the 1988 NSFG,’’ Family Planning 29. Additional live births [25] maternal mor- time jobs. Most of the U.S. jobs created now Perspectives, 24:12-19.] but this number is high tality rate [26] / 100,000. because there is little use of the IUD. For are in the tourist trade or part-time fast- USAID-supported users, the IUD accounts f food jobs. These jobs don’t pay benefits. for about half of all couple-years of protec- WAKE UP: TRADE MATTERS They don’t hold the family together. The tion provided by reversible methods.) There- turnover rate in the fast-food business is fore, the additional pregnancy rate due to Mr. HOLLINGS. Mr. President, I 250%. There’s nothing steady or stabilizing users switching from modern methods to tra- would like to draw my colleagues’ at- to the economy about that. ditional methods is 30% (40%–10%). tention to a short interview that ap- Q: But don’t statistics from your home 20. New traditional method users [20] x failure peared this morning in USA Today. In state, South Carolina, show trade is helping rate [21]. it, textile businessman Roger Milliken create manufacturing jobs? 21. The annual pregnancy rate for those outlines the inaccuracies in the A: I take total exception to that. Four couples using no method is 85% (Contracep- weeks ago in Spartanburg County, where I tive Technology, 16th Revised Edition, Robert present-day argument that only free live, five textile plants closed down perma- A. Hatcher, et al., New York: Irvington Pub- trade can improve our Nation’s econ- nently. That’s 800 jobs. Sure, the state lishers, Inc. 1994, p. 652). Subtracting the 10% omy. With a plethora of hard facts, Mr. gained 6,000 jobs last year because foreign pregnancy rate for couples using modern Milliken debunks this myth by focus- companies invested in South Carolina.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1515 That’s absolutely terrific. But if we put in basis, every man, woman, and child in REPORT CONCERNING THE INTER- more protectionist laws, more of those jobs America owes $19,041.42 as his or her AGENCY ARCTIC RESEARCH POL- would be coming here. Foreign companies share of the Federal debt. ICY COMMITTEE—MESSAGE would have to locate here to get U.S. busi- FROM THE PRESIDENT—PM 126 ness. f Q: Has NAFTA increased export demand The Presiding Officer laid before the for cloth and other products? MESSAGES FROM THE PRESIDENT Senate the following message from the A: It’s not true, and it’s worse than that President of the United States, to- because what everybody isn’t told is that the Messages from the President of the United States were communicated to gether with an accompanying report; textile industry today is operating six days a which was referred to the Committee week instead of seven, or five days instead of the Senate by Mr. Thomas, one of his six. Most of them have cut off the third shift secretaries. on Governmental Affairs. or are closing one day a month because im- To the Congress of the United States: ports are hurting demands here. f As required by section 108(b) of Pub- Q: What’s the solution? lic Law 98–373 (15 U.S.C. 4701(b)), I A: I’d like to see us withdraw from the EXECUTIVE MESSAGES REFERRED World Trade Organization. The U.S. has one transmit herewith the Sixth Biennial As in executive session the Presiding Report of the Interagency Arctic Re- vote. Cuba can cancel our vote. Or St. Kitts, Officer laid before the Senate messages an island in the (Caribean). . . .We also want search Policy Committee (February 1, higher tariffs. Our opponents say that would from the President of the United 1994, to January 31, 1996). prompt retalization. I don’t know how any- States submitting sundry nominations WILLIAM J. CLINTON. body retaliates against their best customer. which were referred to the Committee THE WHITE HOUSE, March 5, 1996. I would love to retaliate against some of my on Armed Services. best customers who treat us badly. (The nominations received today are f Q: Why are you speaking out now? printed at the end of the Senate pro- REPORT CONCERNING REVISED A: We’re a private company and we like to ceedings.) stay private, but we’re fighting for our in- DEFERRAL OF BUDGETARY RE- SOURCES—MESSAGE FROM THE dustry. We have 14,000 employees in the U.S., f and one of my jobs is to fight for preserva- PRESIDENT—PM 127 tion of those jobs. REPORT CONCERNING THE NA- The Presiding Officer laid before the Q: Didn’t some in the textile industry sup- TIONAL EMERGENCY WITH RE- Senate the following message from the port passage of NAFTA? SPECT TO CUBA—MESSAGE President of the United States, to- A: It was a split vote in the industry. FROM THE PRESIDENT RE- There were some who believed the industry gether with an accompanying report; might benefit. They believed no textile CEIVED DURING RECESS—PM 125 which was, pursuant to the order of plants would go to Mexico. But already we Under the authority of the order of January 30, 1975 as modified by the see plants setting up there, where all-in the Senate of January 4, 1995, the Sec- order of April 11, 1986, referred to the costs are $2 an hour compared to $12 an hour retary of the Senate, on March 1, 1996, Committee on Appropriations, the in the U.S. during the recess of the Senate, re- Committee on the Budget, the Com- Q: Have you had to downsize? mittee on Foreign Relations, the Com- A: No, but I have to tell you we’re running ceived the following message from the on curtailed schedules and the industry has President of the United States, to- mittee on Agriculture, Nutrition, and had to close 12 plants in an economy that’s gether with an accompanying report; Forestry, and the Committee on Gov- growing all over. We ought to be a growing which was referred to the Committee ernmental Affairs. industry. We ought to be creating jobs. on Banking, Housing, and Urban Af- To the Congress of the United States: Q: What about plans to expand? fairs: A: We plan to continue expanding. Last In accordance with the Congressional year, we bought a company in Japan that To the Congress of The United States: Budget and Impoundment Control Act makes fabric for auto interiors. When you Pursuant to section 1 of title II of of 1974, I herewith report one revised deal with international auto companies, one Public Law 65–24, ch. 30, 50 U.S.C. 191 deferral, totaling $91 million, and two of their requirements is that you be located and sections 201 and 301 of the National proposed rescissions of budgetary re- in parts of the world where they can ex- Emergencies Act, 50 U.S.C. 1601 et seq., sources, totaling $15 million. change products. United States Code, I hereby report The deferral affects the Department Q: You don’t often give interviews. Why? of State U.S. emergency refugee and A: The media emphasize the growth in ex- that I have exercised my statutory au- ports and the jobs created by exports. There thority to declare a national emer- migration assistance fund. The rescis- are figures collected by the government that gency in response to the Government sion proposals affect the Department of are put together very skillfully. But there is of Cuba’s destruction of two unarmed Agriculture and the General Services no way to look at government figures to find U.S.-registered civilian aircraft in Administration. out how many jobs have been lost to im- international airspace north of Cuba. WILLIAM J. CLINTON. ports. I hear a lot of talk about the growth In the proclamation (copy attached), THE WHITE HOUSE, March 5, 1996. of exports but hardly anyone talks about the I have authorized and directed the Sec- growth of imports, which in percentage f terms are slightly less. But in absolute num- retary of Transportation to make and issue such rules and regulations that MESSAGES FROM THE HOUSE bers, the U.S. imports three times as much RECEIVED DURING ADJOURNMENT as it exports. the Secretary may find appropriate to f prevent authorized U.S. vessels from Under the authority of the order of entering Cuban territorial waters. the Senate of January 4, 1995, the Sec- THE BAD DEBT BOXSCORE I have authorized these rules and reg- retary of the Senate, on March 4, 1996, Mr. HELMS. Mr. President, 4 years ulations as a result of the Government during the adjournment of the Senate, ago I commenced these daily reports to of Cuba’s demonstrated willingness to announcing that the House insists upon the Senate to make a matter of record use reckless force, including deadly its amendment to the bill (S. 1004) to the exact Federal debt as of the close force, in the ostensible enforcement of authorize appropriations for the U.S. of business the previous day. its sovereignty. I have determined that Guard, and for other purposes, and asks In that report of February 27, 1992, the unauthorized departure of vessels a conference with the Senate on the the Federal debt stood at intending to enter Cuban territorial disagreeing votes of the two Houses $3,825,891,293,066.80, as of close of busi- waters could jeopardize the safety of thereon; and appoints the following ness the previous day. The point is, the certain U.S. citizens and other persons Members as the managers of the con- Federal debt has escalated by residing in the United States and ference on the part of the House: $1,190,704,977,476.86 since February 26, threaten a disturbance of international From the Committee on Transpor- 1992. relations. I have, accordingly, declared tation and Infrastructure, for consider- As of the close of business yesterday, a national emergency in response to ation of the Senate and the House Monday, March 4, 1996, the Federal these threats. amendment, and modifications com- debt stood at exactly WILLIAM J. CLINTON. mitted to conference: Mr. SHUSTER, Mr. $5,016,596,270,543.66. On a per capita THE WHITE HOUSE, March 1, 1996. YOUNG of Alaska, Mr COBLE, Mrs.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1516 CONGRESSIONAL RECORD — SENATE March 5, 1996 FOWLER, Mr. BAKER of California, Mr. defense of Pearl Harbor and other military nesses are suffering a double blow from OBERSTAR, Mr. CLEMENT, and Mr. installations in Hawaii against attack by the our current encryption policies. First, POSHARD. Japanese on December 7, 1941; to the Com- American firms lose billions of dollars mittee on Armed Services. From the Committee on the Judici- each year due to the theft of propri- ary, for consideration of section 901 of By Mr. COHEN (for himself and Ms. SNOWE): etary economic information, which the Senate bill, and section 430 of the S. 1586. A bill for the relief of Nancy B. could be better protected if strong House amendment, and modifications Wilson; to the Committee on Finance. encryption were more widely used. Sec- committed to the conference: Mr. By Mr. LEAHY (for himself, Mr. ond, government export restrictions tie HYDE, Mr. MCCOLLUM, and Mr. CON- BURNS, Mr. DOLE, Mr. PRESSLER, and the hands of American high-technology YERS. Mrs. MURRAY): f S. 1587. A bill to affirm the rights of Amer- businesses by barring the export of icans to use and sell encryption products, to strong encryption technology. The size EXECUTIVE AND OTHER establish privacy standards for voluntary of these combined losses makes COMMUNICATIONS escrowed systems, and for other purposes; to encryption one of the critical issues the Committee on the Judiciary. The following communications were facing American businesses today. laid before the Senate, together with By Mr. STEVENS: S. 1588. A bill to authorize the Secretary of accompanying papers, reports, and doc- Moreover, the increasing use of and Transportation to issue a certificate of docu- dependency on networked computers uments, which were referred as indi- mentation and coastwise trade endorsement cated: for the vessel Kalypso; to the Committee on by Americans to obtain critical med- EC–1909. A communication from the Sec- Commerce, Science, and Transportation. ical services, to conduct research, to be retary of Housing and Urban Development, By Mr. GORTON (for himself and Mr. entertained, to go shopping and to transmitting pursuant to law, the semi- LIEBERMAN): communicate with friends and business annual reports for the period April 1 through S. 1589. A bill to provide for a rotating associates, raises special concerns September 30, 1995; to the Committee on schedule for regional primaries for Presi- Banking, Housing, and Urban Affairs. dential elections, and for other purposes; to about the privacy and confidentiality EC–1910. A communication from the Presi- the Committee on Rules and Administration. of their computer transmissions. I have dent and Chairman of the Export-Import By Mrs. MURRAY (for herself, Mr. long been concerned about these issues, Bank, transmitting, pursuant to law, a state- LEAHY, Mr. BAUCUS, Mr. BUMPERS, and have worked over the past decade ment regarding a transaction involving ex- and Mrs. FEINSTEIN): to create a legal structure to foster pri- ports to Ghana; to the Committee on Bank- S. 1590. A bill to repeal the emergency sal- ing, Housing, and Urban Affairs. vage timber sale program, and for other pur- vacy and security for our wire and elec- EC–1911. A communication from the Presi- poses; to the Committee on Energy and Nat- tronic communications. Encryption dent and Chairman of the Export-Import ural Resources. technology provides an effective way to Bank, transmitting, pursuant to law, a state- By Mr. D’AMATO: ensure that only the people we choose ment regarding a transaction involving ex- S.J. Res. 50. A joint resolution to dis- can read our communications. ports to Indonesia; to the Committee on approve the certification of the President Banking, Housing, and Urban Affairs. under section 490(b) of the Foreign Assist- A leading encryption expert, Matt EC–1912. A communication from the Chair- ance Act of 1961 regarding foreign assistance Blaze, told me in a recent letter that man of the Board of Governors of the Federal for Mexico during fiscal year 1996; to the our current regulations governing the Reserve System, transmitting, pursuant to Committee on Foreign Relations. law, the Monetary Policy Report; to the use and export of encryption are hav- f Committee on Banking, Housing, and Urban ing a ‘‘deleterious effect on our coun- Affairs. STATEMENTS ON INTRODUCED try’s ability to develop a reliable and EC–1913. A communication from the Man- BILLS AND JOINT RESOLUTIONS trustworthy information infrastruc- aging Director of the Federal Housing Fi- nance Board, transmitting, pursuant to law, By Mr. LEAHY (for himself, Mr. ture.’’ It is time for Congress to take the report of salary ranges for graded em- BURNS, Mr. DOLE, Mr. PRESS- steps to put our national encryption ployees for calendar year 1996; to the Com- LER, and Mrs. MURRAY): policy on the right course. mittee on Banking, Housing, and Urban Af- S. 1587. A bill to affirm the rights of The Encrypted Communications Pri- fairs. Americans to use and sell encryption EC–1914. A communication from the Acting products, to establish privacy stand- vacy Act would accomplish three goals: Chairman of the Thrift Depositor Protection ards for voluntary escrowed systems, First, the bill encourages the use of Oversight Board, transmitting, pursuant to law, the semi-annual report of the Office of and for other purposes; to the Com- encryption by legislatively confirming the Inspector General for the period October mittee on the Judiciary. that Americans have the freedom to 1 through December 31, 1995; to the Com- THE ENCRYPTED COMMUNICATIONS PRIVACY ACT use and sell here in the United States mittee on Banking, Housing, and Urban Af- OF 1996 any encryption technology that they fairs. Mr. LEAHY. Mr. President, I am feel is most appropriate to meet their f joined today by Senators BURNS, DOLE, privacy and security needs. The bill REPORTS OF COMMITTEES PRESSLER, and MURRAY in introducing bars any government-mandated use of The following reports of committees a bill that is pro-business, pro-jobs and any particular encryption system, such were submitted: pro-privacy. as a key escrow encryption system. The Encrypted Communications Pri- By Mr. HATCH, from the Committee on Second, for those Americans who the Judiciary, with an amendment in the na- vacy Act of 1996 would enhance the ture of a substitute: global competitiveness of our high- choose to use a key escrow encryption H.R. 782. A bill to amend title 18 of the technology industries, protect the method, the bill establishes privacy United States Code to allow members of em- high-paying good jobs in those indus- standards for key holders and stringent ployee associations to represent their views tries and maximize the choices in procedures for how law enforcement before the United States Government. By Mr. HATCH, from the Committee on encryption technology available for can obtain access to decoding keys and the Judiciary, without amendment and with businesses and individuals to protect decryption assistance. These standards a preamble: the privacy, confidentiality and secu- would subject key holders to criminal S. Res. 219. A resolution designating March rity of their computer, telephone, and and civil liability if they released the 25, 1996 as ‘‘Greek Independence Day: A Na- other wire and electronic communica- keys or divulged the identity and infor- tional Day of Celebration of Greek and tions. mation about the user of the American Democracy.’’ The guiding principle for this bill can encryption system, without legal au- f be summed up in one sentence: thorization. Commenting on these pro- INTRODUCTION OF BILLS AND Encryption is good for American busi- JOINT RESOLUTIONS ness and good business for Americans. visions, Bruce Schneir, who has lit- erally written the textbook on The following bills and joint resolu- FBI Director Louis Freeh testified tions were introduced, read the first last week at a hearing on economic es- encryption, said in a recent letter to and second time by unanimous con- pionage and quoted Secretary of State me that the bill ‘‘recognizes the special sent, and referred as indicated: Warren Christopher as saying that obligations of keyholders to be vigilant in safeguarding the information en- By Mr. AKAKA: ‘‘Our national security is inseparable S. 1585. A bill to authorize award of a from our economic security.’’ I could trusted to them, without imposing hur- medal to civilians who participated in the not agree more. Yet, American busi- tles on the use of cryptography.’’

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1517 Finally, the bill loosens export re- 28 countries were available with 2000 from breaches of computer secu- strictions on encryption products. encryption security. Almost 200 of rity systems to be from $40 to $80 bil- Under the bill, it would be lawful for these foreign products used strong lion. Unfortunately, some of these American companies to export high- encryption that American companies losses are already occurring. One U.S.- technology products with encryption are barred from selling abroad. This based manufacturer is quoted in the capabilities when comparable study draws the obvious conclusion Project’s report, saying: encryption capabilities are available that ‘‘As a result, U.S. Government re- We had a multi-year, multi-billion dollar from foreign suppliers, and generally strictions may be succeeding only in contract stolen off our P.C. (while bidding in available encryption software, includ- crippling a vital American industry’s a foreign country). Had it been encrypted, ing mass market products and exporting ability.’’ [the foreign competitor] could not have used encryption that is in the public do- At the Clipper Chip hearing I chaired it in the bidding time frame. main. According to Mr. Schneir, the in 1994, I heard a number of reports New technologies present enormous bill ‘‘removes the strangle-hold that about American companies losing busi- opportunities for Americans, but we has encumbered the development of ness opportunities due to U.S. export must strive to safeguard our privacy if mass-market security solutions’’ which restrictions. One data security com- these technologies are to prosper in are so vital to the development of our pany reported that despite its superior this information age. Otherwise, in the information infrastructure. system, it had been unable to respond service of law enforcement and intel- Senator MURRAY took a leading role to requests from NATO and foreign ligence needs, we will dampen any en- in the last Congress on reforming our telecommunications companies be- thusiasm Americans may have for tak- export restrictions on encryption, and I cause it cannot export the encryption ing advantage of the new technologies. commend her for continuing to give they demanded. This cost this single I look forward to working with my this important issue her committed at- American company millions in fore- colleagues on this important matter, tention again in this Congress. gone business. Another major com- and ask unanimous consent that the Current export restrictions allow the puter company lost two sales in West- bill, a summary of the bill, and three export of primarily weak encryption ern Europe in a single year totaling letters of support from Matt Blaze, software programs. So weak, in fact, about $80 million because the file and Bruce Schneir, and Business Software that a January 1996 report by an ad hoc data encryption in the integrated sys- Alliance, be included in the RECORD. group of world-renowned cryptog- tem they offered was not exportable. There being no objection, the mate- raphers and computer scientists esti- Our current export restrictions on rial was ordered to be printed in the mated that it would take a pedestrian encryption technology are fencing off RECORD, as follows: hacker a matter of hours to break and the global marketplace and hurting the S. 1587 a foreign intelligence agency a matter competitiveness of this part of our Be it enacted by the Senate and House of Rep- of nanoseconds to break. No wonder high-technology industries. While na- resentatives of the United States of America in that foreign buyers of encryption prod- tional and domestic security concerns Congress assembled, ucts are increasingly looking elsewhere must weigh heavily, we need to do a SECTION 1. SHORT TITLE. for strong security. This hurts the better job of balancing these concerns This Act may be cited as the ‘‘Encrypted competitiveness of our high-technology with American business’ need for Communications Privacy Act of 1996’’. industry. encryption and the economic opportu- SEC. 2. PURPOSE. A recent report by the Computer Sys- It is the purpose of this Act— nities for our high-technology indus- (1) to ensure that Americans are able to tems Policy Project, which is a group tries that encryption technology pro- have the maximum possible choice in of major American computer compa- vides. encryption methods to protect the security, nies estimated that U.S. companies American businesses are not only confidentiality, and privacy of their lawful stand to lose between $30 and $60 bil- suffering lost sales because of our cur- wire or electronic communications; and lion in revenues and over 200,000 of rent export restrictions, but are also (2) to establish privacy standards for key high-technology jobs by the year 2000 suffering staggering losses due to eco- holders who are voluntarily entrusted with because U.S. companies are handi- nomic espionage. FBI Director Freeh the means to decrypt such communications, capped in the global market by out- testified that the White House Office of and procedures by which investigative or law enforcement officers may obtain assistance dated export restrictions. Science and Technology Policy puts in decrypting such communications. Even the Commerce Department re- the amount of that loss at $100 billion SEC. 3. FINDINGS. ported in January that U.S. export per year. At a hearing last week on The Congress finds that— controls may have a ‘‘negative effect economic espionage, we heard from one (1) the digitization of information and the on U.S. competitiveness’’ and ‘‘may witness who had to close down his soft- explosion in the growth of computing and discourage’’ the use of strong ware company, with a loss of 25 jobs, electronic networking offers tremendous po- encryption domestically since manu- after China bribed an employee to steal tential benefits to the way Americans live, facturers want to make only one prod- the source code for the company’s soft- work, and are entertained, but also raises uct for export and for use here. ware. new threats to the privacy of American citi- Although American companies ac- We have bills pending before Con- zens and the competitiveness of American businesses; count for almost 75 percent of the glob- gress to enact new criminal laws to (2) a secure, private, and trusted national al market for prepackaged software, punish people who steal trade secrets and global information infrastructure is es- the rest of the world is competing or other proprietary information and sential to promote economic growth, protect strongly in the market for encryption who break into computers to steal sen- citizens’ privacy, and meet the needs of software. Shortsighted government sitive information. But new criminal American citizens and businesses; policy is holding back American busi- laws are not the whole answer. Crimi- (3) the rights of Americans to the privacy ness. Almost 2 years ago, I chaired a nal laws often only come into play too and security of their communications and in hearing of the Judiciary Subcommittee late, after the theft has occurred or the conducting their personal and business af- fairs should be preserved and protected; on Technology and the Law on the ad- injury inflicted. (4) the authority and ability of investiga- ministration’s Clipper Chip key escrow We must encourage American firms tive and law enforcement officers to access encryption program. I heard testimony to take preventive measures to protect and decipher, in a timely manner and as pro- about 340 foreign encryption products their vital economic information. That vided by law, wire and electronic commu- that were available worldwide, 155 of is where encryption comes in. Just as nications necessary to provide for public them employing encryption in a we have security systems to lock up safety and national security should also be strength that American firms were pro- our offices and file drawers, we need preserved; hibited from exporting. strong encryption systems to protect (5) individuals will not entrust their sen- In 2 short years, those numbers have sitive personal, medical, financial, and other the security and confidentiality of information to computers and computer net- increased. According to a survey of business information. works unless the security and privacy of that cryptographic products conducted by The Computer Systems Policy information is assured; Trusted Information System, as of De- Project estimates that, without strong (6) business will not entrust their propri- cember 1995, 497 foreign products from encryption, financial losses by the year etary and sensitive corporate information,

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1518 CONGRESSIONAL RECORD — SENATE March 5, 1996 including information about products, proc- ‘‘§ 2801. Definitions ‘‘(i) specifies the decryption key or esses, customers, finances, and employees, to ‘‘As used in this chapter— decryption assistance which is being sought; computers and computer networks unless ‘‘(1) the terms ‘person’, ‘State’, ‘wire com- and the security and privacy of that information munication’, ‘electronic communication’, ‘‘(ii) identifies the termination date of the is assured; ‘investigative or law enforcement officer’, period for which release or assistance has (7) encryption technology can enhance the ‘judge of competent jurisdiction’, and ‘elec- been authorized; and privacy, security, confidentiality, integrity, tronic storage’ have the same meanings ‘‘(C) in compliance with an order or certifi- and authenticity of wire and electronic com- given such terms in section 2510 of this title; cation under subparagraph (A), the key hold- munications and stored electronic informa- ‘‘(2) the term ‘encryption’ means the er shall provide only such key release or tion; scrambling of wire or electronic communica- decryption assistance as is necessary for ac- (8) encryption techniques, technology, pro- tions using mathematical formulas or algo- cess to communications covered by subpara- grams, and products are widely available rithms in order to preserve the confiden- graph (B). worldwide; tiality, integrity or authenticity and prevent ‘‘(2) STORED WIRE AND ELECTRONIC COMMU- (9) Americans should be free lawfully to unauthorized recipients from accessing or al- NICATIONS.—(A) A key holder is authorized to use whatever particular encryption tech- tering such communications; release a decryption key or provide niques, technologies, programs, or products ‘‘(3) the term ‘key holder’ means a person decryption assistance to an investigative or developed in the marketplace they desire in located within the United States (which law enforcement officer authorized by law to order to interact electronically worldwide in may, but is not required to, be a Federal obtain access to stored wire and electronic a secure, private, and confidential manner; agency) who is voluntarily entrusted by an- communications and transactional records (10) American companies should be free to other independent person with the means to under chapter 121, only if the key holder is compete and to sell encryption technology, decrypt that person’s wire or electronic com- directed to give such assistance pursuant to programs, and products; munications for the purpose of subsequent the same lawful process (court warrant, (11) there is a need to develop a national decryption of such communications; order, subpoena, or certification) used to ob- tain access to the stored wire and electronic encryption policy that advances the develop- ‘‘(4) the term ‘decryption key’ means the communications and transactional records. ment of the national and global information variable information used in a mathematical ‘‘(B) The notification required under sec- infrastructure, and preserves Americans’ formula, code, or algorithm, or any compo- tion 2703(b) shall, in the event that right to privacy and the Nation’s public safe- nent thereof, used to decrypt wire or elec- encrypted wire or electronic communica- ty and national security; tronic communications that have been tions were obtained from electronic storage, (12) there is a need to clarify the legal encrypted; and include notice of the fact that a key to such rights and responsibilities of key holders ‘‘(5) the term ‘decryption assistance’ communications was or was not released or who are voluntarily entrusted with the means providing access, to the extent pos- decryption assistance was or was not pro- means to decrypt wire or electronic commu- sible, to the plain text of encrypted wire or nications; vided by a key holder. electronic communications. ‘‘(C) In compliance with the lawful process (13) the Congress and the American people ‘‘§ 2802. Prohibited acts by key holders have recognized the need to balance the under subparagraph (A), the key holder shall ‘‘(a) UNAUTHORIZED RELEASE OF KEY.—Ex- provide only such key release or decryption right to privacy and the protection of the cept as provided in subsection (b), any key assistance as is necessary for access to the public safety and national security; holder who releases a decryption key or pro- communications covered by such lawful (14) the Congress has permitted lawful vides decryption assistance shall be subject process. electronic surveillance by investigative or to the criminal penalties provided in sub- ‘‘(3) USE OF KEY.—(A) An investigative or law enforcement officers only upon compli- section (e) and to civil liability as provided law enforcement officer to whom a key has ance with stringent statutory standards and in subsection (f). been released under this subsection may use procedures; and ‘‘(b) AUTHORIZED RELEASE OF KEY.—A key the key only in the manner and for the pur- (15) there is a need to clarify the standards holder shall only release a decryption key in pose and duration that is expressly provided and procedures by which investigative or law its possession or control or provide for in the court order or other provision of enforcement officers obtain assistance from decryption assistance— law authorizing such release and use, not to key holders who are voluntarily entrusted ‘‘(1) with the lawful consent of the person exceed the duration of the electronic surveil- with the means to decrypt wire or electronic whose key is being held or managed by the lance for which the key was released. communications, including such communica- key holder; ‘‘(B) On or before completion of the author- tions in electronic storage. ‘‘(2) as may be necessarily incident to the ized release period, the investigative or law SEC. 4. FREEDOM TO USE ENCRYPTION. holding or management of the key by the enforcement officer to whom a key has been (a) LAWFUL USE OF ENCRYPTION.—It shall key holder; or released shall destroy and not retain the re- be lawful for any person within any State of ‘‘(3) to investigative or law enforcement of- leased key. the United States, the District of Columbia, ficers authorized by law to intercept wire or ‘‘(C) The inventory required to be served the Commonwealth of Puerto Rico, and any electronic communications under chapter pursuant to section 2518(8)(d) on persons territory or possession of the United States, 119, to obtain access to stored wire and elec- named in the order or the application under and by United States persons in a foreign tronic communications and transactional section 2518(7)(b), and such other parties to country to use any encryption, regardless of records under chapter 121, or to conduct elec- intercepted communications as the judge encryption algorithm selected, encryption tronic surveillance, as defined in section 101 may determine, in the interest of justice, key length chosen, or implementation tech- of the Foreign Intelligence Surveillance Act shall, in the event that encrypted wire or nique or medium used except as provided in of 1978 (50 U.S.C. 1801), upon compliance with electronic communications were intercepted, this Act and the amendments made by this subsection (c) of this section. include notice of the fact that during the pe- Act or in any other law. ‘‘(c) REQUIREMENTS FOR RELEASE OF riod of the order or extensions thereof a key (b) GENERAL CONSTRUCTION.—Nothing in DECRYPTION KEY OR PROVISION OF to, or decryption assistance for, any this Act or the amendments made by this DECRYPTION ASSISTANCE TO INVESTIGATIVE OR encrypted wire or electronic communica- Act shall be construed to— LAW ENFORCEMENT OFFICER.— tions of the person or party intercepted was (1) require the use by any person of any ‘‘(1) CONTENTS OF WIRE AND ELECTRONIC or was not provided by a key holder. form of encryption; COMMUNICATIONS.—A key holder is authorized ‘‘(4) NONDISCLOSURE OF RELEASE.—No key (2) limit or affect the ability of any person to release a decryption key or provide holder, officer, employee, or agent thereof to use encryption without a key escrow func- decryption assistance to an investigative or shall disclose the key release or provision of tion; or law enforcement officer authorized by law to decryption assistance pursuant to subsection (3) limit or affect the ability of any person conduct electronic surveillance under chap- (b), except as may otherwise be required by who chooses to use encryption with a key es- ter 119, only if— legal process and then only after prior notifi- crow function not to use a key holder. ‘‘(A) the key holder is given— cation to the Attorney General or to the SEC. 5. ENCRYPTED WIRE AND ELECTRONIC ‘‘(i) a court order signed by a judge of com- principal prosecuting attorney of a State or COMMUNICATIONS. petent jurisdiction directing such release or any political subdivision of a State, as may (a) IN GENERAL.—Part I of title 18, United assistance; or be appropriate. States Code, is amended by inserting after ‘‘(ii) a certification in writing by a person ‘‘(d) RECORDS OR OTHER INFORMATION HELD chapter 121 the following new chapter: specified in section 2518(7) or the Attorney BY KEY HOLDERS.—A key holder, shall not ‘‘CHAPTER 122—ENCRYPTED WIRE AND General stating that— disclose a record or other information (not ELECTRONIC COMMUNICATIONS ‘‘(I) no warrant or court order is required including the key) pertaining to any person by law; whose key is being held or managed by the ‘‘2801. Definitions. ‘‘(II) all requirements under section 2518(7) key holder, except— ‘‘2802. Prohibited acts by key holders. have been met; and ‘‘(1) with the lawful consent of the person ‘‘2803. Reporting requirements. ‘‘(III) the specified release or assistance is whose key is being held or managed by the ‘‘2804. Unlawful use of encryption to obstruct required; key holder; or justice. ‘‘(B) the order or certification under para- ‘‘(2) to an investigative or law enforcement ‘‘2805. Freedom to sell encryption products. graph (A)— officer pursuant to a subpoena authorized

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1519 under Federal or State law, court order, or the communication of information in fur- is widely offered for sale, license, or transfer lawful process. therance of a felony which may be pros- including, but not limited to, over-the- An investigative or law enforcement officer ecuted in a court of the United States, to an counter retail sales, mail order transactions, receiving a record or information under investigative or law enforcement officer phone order transactions, electronic dis- paragraph (2) is not required to provide no- shall— tribution, or sale on approval; tice to the person to whom the record or in- ‘‘(1) in the case of a first conviction, be ‘‘(B) the term ‘as is’ means, in the case of formation pertains. Any disclosure in viola- sentenced to imprisonment for not more software (including software with encryption tion of this subsection shall render the per- than 5 years, fined under this title, or both; capabilities), a software program that is not son committing the violation liable for the or designed, developed, or tailored by the soft- civil damages provided for in subsection (f). ‘‘(2) in the case of a second or subsequent ware company for specific purchasers, except ‘‘(e) CRIMINAL PENALTIES.—The punish- conviction, be sentenced to imprisonment that such purchasers may supply certain in- ment for an offense under subsection (a) of for not more than 10 years, fined under this stallation parameters needed by the software this section is— title, or both. program to function properly with the pur- ‘‘(1) if the offense is committed for a ‘‘§ 2805. Freedom to sell encryption products chaser’s system and may customize the soft- tortious, malicious, or illegal purpose, or for ‘‘(a) IN GENERAL.—It shall be lawful for any ware program by choosing among options purposes of direct or indirect commercial ad- person within any State of the United contained in the software program; vantage or private commercial gain— States, the District of Columbia, the Com- ‘‘(C) the term ‘is designed for installation ‘‘(A) a fine under this title or imprison- monwealth of Puerto Rico, and any territory by the purchaser’ means, in the case of soft- ment for not more than 1 year, or both, in or possession of the United States, to sell in ware (including software with encryption ca- the case of a first offense under this subpara- interstate commerce any encryption, regard- pabilities)— graph; or less of encryption algorithm selected, ‘‘(i) the software company intends for the ‘‘(B) a fine under this title or imprison- encryption key length chosen, or implemen- purchaser (including any licensee or trans- ment for not more than 2 years, or both, for tation technique or medium used. feree), who may not be the actual program any second or subsequent offense; and ‘‘(b) CONTROL OF EXPORTS BY SECRETARY OF user, to install the software program on a ‘‘(2) in any other case where the offense is COMMERCE.— computing device and has supplied the nec- committed recklessly or intentionally, a fine ‘‘(1) GENERAL RULE.—Notwithstanding any essary instructions to do so, except that the of not more than $5,000 or imprisonment for other law, subject to paragraphs (2), (3), and company may also provide telephone help- not more than 6 months, or both. (4), the Secretary of Commerce shall have line services for software installation, elec- ‘‘(f) CIVIL DAMAGES.— exclusive authority to control exports of all tronic transmission, or basic operations; and ‘‘(1) IN GENERAL.—Any person aggrieved by computer hardware, software, and tech- ‘‘(ii) that the software program is designed any act of a person in violation of sub- nology for information security (including for installation by the purchaser without sections (a) or (d) may in a civil action re- encryption), except computer hardware, soft- further substantial support by the supplier; cover from such person appropriate relief. ware, and technology that is specifically de- ‘‘(D) the term ‘computing device’ means a ‘‘(2) RELIEF.—In an action under this sub- signed or modified for military use, includ- device which incorporates one or more section, appropriate relief includes— ing command, control, and intelligence ap- microprocessor-based central processing ‘‘(A) such preliminary and other equitable plications. units that can accept, store, process, or pro- or declaratory relief as may be appropriate; ‘‘(2) ITEMS NOT REQUIRING LICENSES.—No vide output of data; and ‘‘(B) damages under paragraph (3) and pu- validated license may be required, except ‘‘(E) the term ‘computer hardware’, when nitive damages in appropriate cases; and pursuant to the Trading With The Enemy used in conjunction with information secu- ‘‘(C) a reasonable attorney’s fee and other Act or the International Emergency Eco- rity, includes, but is not limited to, com- litigation costs reasonably incurred. nomic Powers Act (IEEPA) (but only to the puter systems, equipment, application-spe- ‘‘(3) COMPUTATION OF DAMAGES.—The court extent that the authority of the IEEPA is cific assemblies, modules, and integrated cir- may assess as damages whichever is the not exercised to extend controls imposed cuits.’’. greater of— under the Export Administration Act of (b) TECHNICAL AMENDMENT.—The table of ‘‘(A) the sum of the actual damages suf- 1979), for the export or reexport of— chapters for part I of title 18, United States fered by the plaintiff and any profits made ‘‘(A) any software, including software with Code, is amended by inserting after the item by the violator as a result of the violation; encryption capabilities, that is— relating to chapter 33, the following new or ‘‘(i) generally available, as is, and designed item: ‘‘(B) statutory damages in the amount of for installation by the purchaser; or $5,000. ‘‘(ii) in the public domain or publicly avail- ‘‘122. Encrypted wire and electronic ‘‘(4) LIMITATION.—A civil action under this able because it is generally accessible to the communications ...... 2801’’. subsection shall not be commenced later interested public in any form; or SEC. 6. INTELLIGENCE ACTIVITIES. than 2 years after the date upon which the ‘‘(B) any computing device solely because (a) CONSTRUCTION.—Nothing in this Act or plaintiff first knew or should have known of it incorporates or employs in any form soft- the amendments made by this Act con- the violation. ware (including software with encryption ca- stitutes authority for the conduct of any in- ‘‘(g) DEFENSE.—It shall be a complete de- fense against any civil or criminal action pabilities) exempted from any requirement telligence activity. (b) CERTAIN CONDUCT.—Nothing in this Act brought under this chapter that the defend- for a validated license under subparagraph or the amendments made by this Act shall ant acted in good faith reliance upon a court (A). affect the conduct, by officers or employees warrant or order, grand jury or trial sub- ‘‘(3) SOFTWARE WITH ENCRYPTION CAPABILI- of the United States Government in accord- poena, or statutory authorization. TIES.—The Secretary of Commerce shall au- thorize the export or reexport of software ance with other applicable Federal law, ‘‘§ 2803. Reporting requirements with encryption capabilities for nonmilitary under procedures approved by the Attorney ‘‘(a) IN GENERAL.—In reporting to the Ad- end-uses in any country to which exports of General, or activities intended to— ministrative Office of the United States software of similar capability are permitted (1) intercept encrypted or other official Courts as required under section 2519(2) of for use by financial institutions not con- communications of United States executive this title, the Attorney General, an Assist- trolled in fact by United States persons, un- branch entities or United States Government ant Attorney General specially designated less there is substantial evidence that such contractors for communications security by the Attorney General, the principal pros- software will be— purposes; ecuting attorney of a State, or the principal ‘‘(A) diverted to a military end-use or an (2) intercept radio communications trans- prosecuting attorney of any political sub- end-use supporting international terrorism; mitted between or among foreign powers or division of a State, shall report on the num- ‘‘(B) modified for military or terrorist end- agents of a foreign power as defined by the ber of orders and extensions served on key use; or Foreign Intelligence Surveillance Act of holders to obtain access to decryption keys ‘‘(C) reexported without requisite United 1978; or or decryption assistance. States authorization. (3) access an electronic communication ‘‘(b) REQUIREMENTS.—The Director of the ‘‘(4) HARDWARE WITH ENCRYPTION CAPABILI- system used exclusively by a foreign power Administrative Office of the United States TIES.—The Secretary shall authorize the ex- or agent of a foreign power as defined by the Courts shall include as part of the report port or reexport of computer hardware with Foreign Intelligence Surveillance Act of transmitted to the Congress under section encryption capabilities if the Secretary de- 1978. 2519(3) of this title, the number of orders and termines that a product offering comparable extensions served on key holders to obtain security is commercially available from a ENCRYPTED COMMUNICATIONS PRIVACY ACT OF access to decryption keys or decryption as- foreign supplier without effective restric- 1996—SUMMARY sistance and the offenses for which the or- tions outside the United States. Sec. 1. Short Title. The Act many be cited as ders were obtained. ‘‘(5) DEFINITIONS.—As used in this sub- the ‘‘Encrypted Communications Privacy ‘‘§ 2804. Unlawful use of encryption to ob- section— Act of 1996.’’ struct justice ‘‘(A) the term ‘generally available’ means, Sec. 2. Purpose. The Act would ensure that ‘‘Whoever willfully endeavors by means of in the case of software (including software Americans have the maximum possible encryption to obstruct, impede, or prevent with encryption capabilities), software that choice in encryption methods to protect the

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1520 CONGRESSIONAL RECORD — SENATE March 5, 1996 security, confidentiality and privacy of their would be covered, but not encrypted data offenses for which the orders were obtained, lawful wire and electronic communications. merely stored on computers. in the report to Congress under 18 U.S.C. For those Americans who choose an § 2802. Prohibited acts by key holders § 2519(3). encryption method in which another person, § 2804. Unlawful use of encryption to obstruct (a) Unauthorized release of key.—Key hold- called a ‘‘key holder,’’ is voluntarily en- justice. Persons who willfully use encryption ers will be subject to both criminal and civil trusted with the decryption key, the Act in an effort and for the purpose of obstruct- liability for the unauthorized release of would establish privacy standards for the ing, impeding, or prevent the communica- decryption keys or providing unauthorized key holder, and procedures for law enforce- tion of information in furtherance of a fed- decryption assistance. eral felony crime to a law enforcement offi- ment officers to follow to obtain assistance (b) Authorized release of key.—Key holders from the key holder in decrypting encrypted cer, would be subject to a fine and up to 5 are authorized to release decryption keys or years’ imprisonment for a first offense, and communications. provide decryption assistance with the con- Sec. 3. Findings. The Act enumerates fifteen up to 10 years’ imprisonment for a second or sent of the key owner, as may be necessary congressional findings, including that a se- subsequent offense. for the holding or management of the key, or cure, private and trusted national and global § 2805. Freedom to sell encryption products to investigative or law enforcement officers information infrastructure is essential to (a) In general.—The Act, legislatively con- upon compliance with the procedures set promote citizens’ privacy and meet the needs firms that it is lawful to sell any encryption, forth in subsection (c). of both American citizens and businesses, regardless of encryption algorithm, key (c) Requirements for release of decryption that encryption technology widely available length or implementation used, domestically key to investigative or law enforcement offi- worldwide can help meet those needs, that in the United States or its territories. cer.—To obtain access to a decryption key or Americans should be free to use, and Amer- (b) Control of exports by Secretary of Com- decryption assistance from a key holder, an ican businesses free to compete and sell, merce.—Notwithstanding any other law, the investigative or law enforcement officer encryption technology, programs and prod- Act vests the Secretary of Commerce with must present to the key holder the same ucts, and that there is a need to develop a control of exports of hardware, software and form of lawful process used to obtain access national encryption policy to advance the technology for information security, includ- to the encrypted content. For example, to global information infrastructure and pre- ing encryption for both communications and obtain the decryption key to, or decryption serve Americans’ right to privacy and the other stored data, except when the hardware, assistance for, an encrypted telephone con- Nation’s public safety and national security. software or technology is specifically de- versation that is the subject of a court-or- signed or modified for military use. Sec. 4. Freedom to Use Encryption dered wiretap under 18 U.S.C. § 2518, a law en- No export license may be required for (a) Lawful Use of Encryption. The Act legis- forcement agent must present a court order encryption software and hardware with latively confirms current practice in the to the key holder to obtain the decoding key. encryption capabilities that is generally United States that any person in this coun- Likewise, to obtain the decryption key to, or available, including mass market products try may lawfully use any encryption meth- decryption assistance for, an encrypted (i.e., those generally available, sold ‘‘as is’’, od, regardless of encryption algorithm, key stored wire or electronic communication, a and designed for installation by the pur- length or implementation selected. The Act law enforcement officer must present a court chaser) or encryption in the public domain thereby prohibits any government-mandated warrant, order, subpoena or certification, de- and generally accessible. For example, no li- use of any particular encryption system, pending upon what process was used to ob- censes would be required for encryption such as a key escrow encryption system. tain access to the stored communication. products commercially available without re- The Act further makes lawful the use of Key holders may only provide the minimal striction and sold ‘‘as is’’, such as Netscape’s any encryption method by United States per- key release or decryption assistance needed commercially available World Wide Web sons in a foreign country. This provision is to access the particular communications Browser, which cannot be exported. Simi- consistent with, though broader than, the specified by court order or other legal proc- larly, no license would be required to export Department of State’s new personal use ex- ess. Released keys or other decryption as- software and corresponding hardware placed emption published in the Federal Register on sistance may only be used in the manner and in the public domain and generally acces- February 16, 1996, that permits the export of for the purpose and duration expressly pro- sible, such as Phil Zimmerman’s Pretty cryptographic products by U.S. citizens and vided by court order or other legal process. Good Privacy program, which has been dis- permanent residents who have the need to A key holder who fails to provide the tributed to the public free of charge via the temporarily export the cryptographic prod- decryption key or decryption assistance Internet. ucts when leaving the U.S. for brief periods called for in the court order, subpoena or In addition, the Secretary of Commerce of time. For example, under this new exemp- other lawful process may be penalized under must authorize the export of encryption soft- tion, U.S. citizens traveling abroad will be current contempt or obstruction laws. ware to commercial users in any country to able to take their laptop computers con- (d) Records or other information held by which exports of such software has been ap- taining copies of Lotus Notes software, many key holders.—Key holders are prohibited proved for use by foreign financial institu- versions of which contain an encryption pro- from disclosing records or other information tions, except when there is substantial evi- gram otherwise not exportable. (not including decryption keys) pertaining to dence that the software will be diverted or (b) General Constructions. Nothing in the key owners, except with the owner’s consent modified for military or terrorists’ end-use Act is to be construed to require the use of or to an investigative or law enforcement of- or re-exported without requisite U.S. author- ization. Finally, the Secretary of Commerce encryption, a key escrow encryption system, ficer, pursuant to a subpoena, court order or must authorize the export of computer hard- or a key holder if a person chooses to use a other lawful process. ware with encryption capabilities if the Sec- key escrow encryption system. (e) Criminal penalties.—Key holders who retary determines that a product with com- Sec. 5. Encrypted wire and electronic commu- violate this section for a tortious, malicious parable security is commercially available nications. This section of the Act adds a new or an illegal purpose, or for direct or indirect from foreign suppliers without effective re- chapter 122, entitled ‘‘Encrypted Wire and commercial advantage or private commer- strictions outside the United States. Electronic Communications,’’ to title 18 of cial gain, will be subject to a fine and up to Significantly, the government is author- the United States Code to establish privacy 1 year imprisonment for a first offense, and ized to continue controls on countries that standards for key holders and to set forth fine and up to 2 years’ imprisonment for a pose terrorism concerns, such as Libya, procedures that law enforcement officers second offense. Other reckless and inten- Syria and Iran, or other embargoes coun- must follow to obtain decryption assistance tional violations would subject the key hold- tries, such as Cuba and North Korea, pursu- from key holders. er to a fine of up to $5,000 and up to 6 ant to the Trading With the Enemy Act or (a) In General. New chapter 122 has five sec- months’ imprisonment. the International Emergency Economic Pow- tions. (f) Civil damages.—Persons aggrieved by ers Act. § 2801. Definitions. Generally, the terms key holder violations may sue for injunctive (b) Technical Amendment. The Act adds new used in the new chapter have the same mean- relief, and actual damages or statutory dam- chapter 122 and the new title in the table of ings as in the federal wiretap statute in 18 ages of $5,000, whichever is greater. chapters in title 18 of the United States U.S.C. § 2510. Definitions are provided for (g) Defense.—A complete defense is pro- Code. ‘‘encryption’’, ‘‘key holder’’, ‘‘decryption vided if the defendant acted in good faith re- Sec. 6. Intelligence activities. The Act does key’’, and ‘‘decryption assistance’’. A ‘‘key liance upon a court order, warrant, grand not authorize the conduct of intelligence ac- holder’’ may, but is not required to be, a jury or trial subpoena or statutory author- tivities, nor affect the conduct by Federal Federal agency. ization. government officers or employees in inter- This chapter applies only to wire or elec- § 2803. Reporting requirements. The Attorney cepting (1) encrypted or other official com- tronic communications and communications General is required to include in her report munications of Federal executive branch or in electronic storage, as defined in 18 U.S.C. to the Administrative Office of the U.S. Federal contractors for communications se- § 2510, and not to stored electronic data. For Courts under 18 U.S.C. § 2519(2), the number curity purposes; (2) radio communications example, encrypted electronic mail mes- of orders and extensions served on key hold- between or among foreign powers or agents, sages, encrypted telephone conversations, ers to obtain access to decryption keys or as defined by the Foreign Intelligence Sur- encrypted facsimile transmissions, decryption assistance. The Director of the veillance Act (FISA); or (3) electronic com- encrypted computer transmissions and Administrative Office of the U.S. Courts is munication systems used exclusively by for- encrypted file transfers over the Internet required to include this information, and the eign powers or agents, as defined by FISA.

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MURRAY HILL, NJ, As the bill recognizes, we can no longer af- made this one of its top policy issues. As im- March 1, 1996. ford to hold on to the obsolete notion that portantly, the availability of easy to use, af- Hon. PATRICK LEAHY, cryptography is the sole province of govern- fordable encryption will be essential to the U.S. Senate. ment communications; the growth of modern successful development of the Global Infor- DEAR SENATOR LEAHY: Thank you for in- networks has irrevocably pushed it into the mation Infrastructure (GII). As more and troducing the Encrypted Communications mainstream. I applaud your leadership to- more transactions are being done on-line, Privacy Act of 1996. As a member of the com- wards codifying these principles in a bal- consumers are increasingly demanding soft- puter security and cryptology research com- anced and responsible way. In particular, the ware with strong encryption capabilities. In munity, I have observed firsthand the delete- bill: two studies, 90% of the respondents believe rious effect that the current regulations gov- Removes the regulatory strangle-hold that information security is important. In one erning the use and export of cryptography has encumbered the development of mass- study 37% of the respondents said that they are having on our country’s ability to de- market security solutions; Recognizes the would consider purchasing foreign software velop a reliable and trustworthy information futility of applying regulations intended to with otherwise less desirable features if that infrastructure. Your bill takes an important control the international arms trade to even software offered data security not available first step toward creating regulations that the most mundane and commonly available in a U.S. program. Additionally, a recent reflect the modern realities of this increas- software; Encourages public confidence in study shows there are nearly 500 foreign ingly critical technology. encryption by allowing the marketplace to encryption products from 28 countries cur- Unlike previous government encryption provide a full range of choices for privacy rently available. U.S. export restrictions initiatives such as the technically-flawed and security needs; Recognizes the special simply put U.S. industry at a competitive and unworkable ‘‘Clipper’’ chip, your bill re- obligations of keyholders to be vigilant in disadvantage. Your bill would address this affirms the role of the marketplace in pro- safeguarding the information entrusted to issue by allowing U.S. industry to export viding ordinary citizens and businesses with them, without imposing hurtles on the use of generally available software with strong se- a full range of choices for securing their pri- cryptography; Allows the United States to curity features. vate information. In particular by freeing continue its leadership role as a techno- As you may know, the Administration has mass-market cryptographic software and logical innovator; Acknowledges the pivotal attempted to address this issue with a ‘‘64- hardware from the burdensome export con- role of cryptography in electronic commerce. bit key escrow encryption proposal.’’ Under trols that govern the international arms I continue to have concerns that the new that proposal, in order to be allowed to ex- trade, the bill will help the American soft- criminal obstruction provision will discour- port software with strong security features, ware industry compete, for the first time, in age law abiding citizens from using cryptog- U.S. industry would be required to build a the international market for high-quality se- raphy. I hope that legislative history and back door into the program with a spare key curity products. further discussion will demonstrate the nar- held by a U.S. government certified agent. Law enforcement need not fear the wide- row intent of this crime. After careful and serious deliberation by our spread availability of encryption; indeed, Overall, your bill takes very necessary members, we concluded that the Administra- they should welcome and promote it. strides towards ensuring that the protec- tion’s approach is fatally flawed and cannot Encryption thwarts electronic predators by tions we take for granted in traditional be the basis for progress in this area. We preventing unauthorized access to private media keep pace with technology, and I com- simply have not found a market for such a data and computer systems, and the use of mend your efforts. product. Any resolution must be market strong cryptography to protect computer Sincerely, driven. Your bill takes a very different ap- networks is becoming as natural and nec- BRUCE SCHNEIER. proach. It reaffirms Americans right to essary as the use of locks and burglar alarms chose the encryption they use, either with to protect our homes and businesses. While BUSINESS SOFTWARE ALLIANCE, key escrow or without. For those who chose criminals, too, might occasionally derive Washington, DC, March 4, 1996, voluntarily to use key holders, your legisla- some advantage from the use of cryptog- Hon. PATRICK J. LEAHY, tion provides standards so that their privacy raphy, the benefits of widely-available Russell Senate Office Building, is not violated. Your legislation allows the encryption technology overwhelmingly favor Washington, DC. market to work. We wholeheartedly endorse the honest user. By recognizing that those DEAR SENATOR LEAHY: As President of the this market driven approach. who hold decryption keys on behalf of others Business Software Alliance (BSA), I am writ- The digital information age and the Global are in a special position of trust, your bill is ing to express our strong support for the Information Infrastructure present opportu- respectful of the privacy of law-abiding citi- Encryption Communications Privacy Act of nities and challenges to computer users con- zens without introducing impediments to the 1996 which I understand you will introduce cerned about privacy at home and in their government’s ability to investigate and pre- tomorrow. BSA represents the leading pub- businesses, as well as for the U.S. govern- vent crime. lishers of software for personal computers ment. From that point of view, we are all in I have also examined the new provision de- and the client server environment including a similar position. Information security poli- signed to discourage the use of cryptography Adobe, Autodesk, Bentley, Lotus Develop- cies for the electronic world are fundamental by criminals in the furtherance of a felony, ment, Microsoft, Novell, Sybase, Symantec to the success of the GII and we are pleased and hope to see your carefully-worded lan- and the Santa Cruz Operation. to support your legislation which is pro-mar- guage reinforced by a narrow interpretation We have had an opportunity to review the ket, pro-competition, pro-privacy and pro- in the courts, consistent with your intent. legislation and find it a significant step to- progress. Again, thank you for your continued lead- ward placing the U.S. software industry on a We look forward to working with you to- ership in this area, and I look forward to level playing field with our foreign competi- ward the enactment of this legislation. doing whatever I can to help you bring tors. Currently, we are only allowed to ex- Sincerely, encryption regulations in line with the fast- port weak (40-bit) encryption. Your legisla- ROBERT W. HOLLEYMAN II, changing reality of this emerging tech- tion would allow us to export generally President. nology. available software which offers security at Mrs. MURRAY. Mr. President, I am Sincerely, prevailing world levels. While many would pleased to join Senator LEAHY today as MATT BLAZE. prefer export restrictions being lifted in their entirety, this legislation at least would an original cosponsor of the Encrypted March 1, 1996. place us on an equal footing with our foreign Communications Privacy Act. Senator Hon. PATRICK LEAHY, competitors which is critical to the contin- LEAHY is truly a leader on this issue, U.S. Senate. ued success of the U.S. software industry in and I’ve had the pleasure of working on DEAR SENATOR LEAHY. I would like to the global market place. encryption policy with him over the thank you for introducing the Encrypted As you well know, today, America’s soft- past 3 years. I’m excited to once again Communications Privacy Act. As a member ware industry is the envy of the world. U.S. join him in this effort to make sense of the computer and information security re- software companies hold an estimated 75% search community, I am keenly aware of the worldwide market share for mass market out of our national export control poli- vital role of cryptography in fostering the software with exports accounting for more cies, and to promote export opportuni- development of our information infrastruc- than one-half of revenues for our companies. ties for American software and hard- ture. According to a 1993 study by Economists ware producers. As the author of the book, ‘‘Applied Cryp- Inc., the American mass market software in- As many of my colleagues know, tography’’, I have unusual insights into the dustry was the fastest growing industry in with help from Congresswoman Cant- absurdity of cryptography export restric- the U.S. between 1982 and 1992 and had be- well in the 103d Congress, I was able to tions. It is not without irony that one may come larger than all but five manufacturing persuade the administration to study export my book in paper format, but not industries. This translates into jobs here in the extent to which U.S. companies are electronically. Presumably no rational per- the U.S. son believes that the current restrictions ac- The continued growth and success of our stymied by our country’s current tually prevent the spread of cryptography. I industry is directly threatened by existing encryption and export control policies. believe you recognize this, as evidenced from U.S. government export controls. For that The Department of Commerce re- the strong stance taken in your bill. reason, our companies have consistently leased that report last month. And let

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1522 CONGRESSIONAL RECORD — SENATE March 5, 1996 me just say that there are some find- afford to persist in holding U.S. compa- tations and money, the nearly endless cam- ings in this report that we should be nies back from potential world sales. paigns that begin almost as soon as the win- aware of, and concerned about. For in- This legislation makes good sense. ner of the previous round has been inaugu- stance, the report acknowledges there First and foremost, it ensures every rated, the more I thought how bizarre it must sound to a person from another coun- are tremendous international growth American’s right to use any appro- try. . . opportunities for software exporters in priate encryption available on the mar- To the extent that the word ‘‘system’’ im- the next 5 to 10 years. Unfortunately, ket. It also sets out necessary guide- plies rationality and forethought, we really the report also finds that most U.S. lines that should accompany any pol- do not have a system for choosing nominees companies don’t pursue international icy regarding the use of key escrow. for president of the United States. sales because our export control laws And finally, it paves the way for new, This bill also reflects a cartoon that are too cost prohibitive. streamlined export policies. this same individual had in the news- Mr. President, there are legitimate Mr. President, this legislation is paper about 3 or 4 weeks ago. In that national security concerns underpin- badly needed, and I urge my colleagues cartoon, several of the Founding Fa- ning the Export Administration Act. to join Senator LEAHY and me in sup- thers, Benjamin Franklin, Thomas Jef- However, these outdated laws are no porting it. ferson, and Alexander Hamilton are longer relevant to the post-cold-war ‘‘Brainstorming at the Constitutional world we now lived in. Today’s na- By Mr. STEVENS: Convention.’’ Ben Franklin turns to his tional security controls should target S. 1588. A bill to authorize the Sec- colleagues in jest and rattles off an those items that really need to be con- retary of Transportation to issue a cer- idea for a Presidential election system, trolled in order to maintain national tificate of documentation and coast- with the following statement: security. Simply, they should make wise trade endorsement for the vessel Kalypso; to the Committee on Com- ‘‘The President shall be chosen from better sense; it doesn’t make sense to among those persons who can hone complex tell a U.S. software producer they can’t merce, Science, and Transportation. ideas into simplistic sound bites, defame the export a product that is already widely JONES ACT WAIVER LEGISLATION character of their opponents, hide their own available on the world market. ∑ Mr. STEVENS. Mr. President, today blemishes from an intrusive swarming press Senator LEAHY’S bill seeks a bal- I am introducing a bill to provide a cer- corps and’’—get this!—‘‘win the most votes anced approach to implementing via- tificate of documentation for the vessel from a tiny number of citizens in a remote ″ ble, safe, and secure encryption tech- Kalypso. corner of New England! nology on both domestically sold prod- The Kalypso (vessel number 566349) is While this was simply a newspaper ucts and exported products. It protects a 36-foot recreational vessel owned by cartoon figure, it nonetheless comes all our privacy concerns, and it lays out Ronald Kent of Anchorage, AK. It was too close to describing the way in the appropriate procedures law enforce- built in Largo, FL, in 1974. The vessel which we pick nominees for President ment officials should use when obtain- was apparently at one time owned by a of the United States at the present ing encrypted materials. And, most im- non-U.S. citizen, and it is therefore in- time. portant, it protects industry ingenuity eligible for documentation under the A relatively small handful of voters and prohibits mandatory key escrow. Jones Act. Mr. Kent intends to use the in two or three States are wooed for Mr. President, I introduced the Com- vessel for charter fishing and sight- more than a year while the rest of the mercial Export Administration Act in seeing in Prince William Sound, AK. country is ignored, and the influence of the 103d Congress. I am pleased Senator I ask unanimous consent that this their votes, or even their sound bites LEAHY is incorporating my language bill be printed in the RECORD. on radio and on television, has a dis- into his bill. My language reduces regu- There being no objection, the bill was proportionate impact on the way in latory redtape and makes it easier to ordered to be printed in the RECORD, as which we nominate our Presidents. At export generally available mass-mar- follows: the same time, it means that the can- keted commercial software. Wash- S. 1588 didates must have very narrow plat- ington State is home to some of the Be it enacted by the Senate and House of Rep- forms, appealing to this not highly rep- most innovative software producers in resentatives of the United States of America in resentative group of American citizens. the world, and they are eager to export Congress assembled, That notwithstanding It also has the paradox, or had the their goods. Unfortunately, our export sections 12106, 12107, and 12108 of title 46, paradox this year, of requiring major controls keep Washington State’s com- United States Code, and section 27 of the candidates to ignore States that some- Merchant Marine Act, 1920 (46 App. U.S.C. panies from penetrating the world mar- how or another are deemed to be less 883), as applicable on the date of enactment influential. We saw an example this ket. Senator LEAHY’S bill, however will of this Act, the Secretary of Transportation fix this problem. may issue a certificate of documentation year when most of the candidates We are hearing a lot on the Presi- with appropriate endorsements for employ- skipped primaries and caucuses in Lou- dential campaign trail about the dam- ment in the coastwise trade for the vessel isiana and Delaware for fear of upset- age that comes from trade—how trade Kalypso (vessel number 566349).∑ ting States that, for an extended period hurts our economy and our workers. of time, had gone earlier than they did. That’s nonsense. My Washington State By Mr. GORTON (for himself and This is absolutely ridiculous, and we friends and neighbors know full-well Mr. LIEBERMAN): need a new and better system. We need that trade is essential to our State’s S. 1589. A bill to provide for a rotat- a system that empowers and enfran- success. One out of every five jobs in ing schedule for regional primaries for chises all of the citizens of the United Washington State is trade related; and Presidential elections, and for other States equally; that treats the nomi- these are highly skilled, family wage purposes; to the Committee on Rules nating process in both parties as being jobs that pay 15 percent higher than and Administration. vitally important to the future of the national average. Moreover, Wash- THE PRESIDENTIAL PRIMARY ACT OF 1996 democratic institutions in the United ington State’s small- and mid-sized Mr. GORTON. Mr. President, react- States; that does so fairly; that causes high-technology companies provided ing to a proposal which I am about to the campaigns to speak about major over 98,000 jobs in 1995. introduce in bill form, a columnist and national and regional issues on a much Mr. President, I mention this because cartoonist on the Seattle Post Intel- broader focus than they have at the our bill will increase exports and en- ligencer wrote, in yesterday’s edition present time. So, this is the time, it able our high-technology companies to of that newspaper: seems to me, when all of this is green grow further. Higher growth means My English friend, Carolyn, having re- in our memories, that we should begin more jobs—plain and simple. A recent cently arrived in the United States from the process toward a new system. study revealed that in 1995 U.S. export- London, asked me to explain how Americans As a consequence, the bill that I am ers lost $60 billion in international decide who will be their President. introducing today, together with my We were at a social occasion just before I sales, and it estimates the industry headed up to New Hampshire to witness the distinguished friend and colleague, the will lose 200,000 potential jobs by the process firsthand. The longer I rambled on, junior Senator from Connecticut [Mr. year 2000. Given the increase in inter- detailing the haphazard series of primaries LIEBERMAN], creates a simple system of national competition, we can no longer and caucuses, the influence of media expec- regional primaries. There will be four

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1523 regions, each including either 12 or 13 (3) the term ‘‘political party’’ means an as- (3) REGION III.—Region III shall be com- States, all required to hold primaries sociation, committee, or organization prised of the following: respectively on the first Tuesday in which— (A) Illinois. March—incidentally, today—the first (A) nominates a candidate for election to (B) Indiana. any Federal office whose name appears on (C) Iowa. Tuesday in April, and in May, and then the election ballot as the candidate of such (D) Kansas. in June, with the regions rotating first association, committee, or organization; and (E) Michigan. position, second position, third posi- (B) won electoral votes in the preceding (F) Minnesota. tion, fourth position over four cycles, Presidential election; (G) Missouri. or 16 years. So the people in each re- (4) the term ‘‘primary’’ means a primary (H) Nebraska. gion would go first once every four election held for the selection of delegates to (I) North Dakota. Presidential elections and last every a national Presidential nominating conven- (J) Ohio. fourth Presidential election. tion of a political party, but does not include (K) South Dakota. a caucus, convention, or other indirect (L) Wisconsin. The delegates would be bound for at means of selection; and (4) REGION IV.—Region IV shall be com- least two ballots on the vote for the (5) the term ‘‘State committee’’ means the prised of the following: candidate to carry their State, or their organization which, by virtue of the bylaws (A) Alaska. congressional district, and leave the of a political party, is responsible for the (B) Arizona. rules as to how the votes are divided to day-to-day operation of such political party (C) California. be determined by each individual at the State level, as determined by the Fed- (D) Colorado. State. eral Election Commission. (E) Hawaii. So the people of each State will have SEC. 3. SCHEDULE. (F) Idaho. (a) SCHEDULE.— (G) Montana. an equal opportunity to participate in (H) Nevada. and to influence the nomination in (1) FIRST ELECTION CYCLE.—In the first election year after the date of enactment of (I) New Mexico. that process. Instead of 4 or 5 percent this Act, each State shall hold a primary in (J) Oregon. of the people of the United States hav- accordance with this Act, according to the (K) Utah. ing a disproportionate impact on the following schedule: (L) Washington. outcome, all of the people of the United (A) REGION I.—Each State in Region I shall (M) Wyoming. States will have an equal opportunity, hold its primary on the first Tuesday in (5) TERRITORIES.—The national committees and, equally significant, the candidates March. shall jointly determine the region of each territory of the United States. for President will have had the cam- (B) REGION II.—Each State in Region II paign in all corners of the United shall hold its primary on the first Tuesday in SEC. 4. QUALIFICATION FOR BALLOT. April. (a) CERTIFICATION BY FEDERAL ELECTION States and in every State to be af- (C) REGION III.—Each State in Region III COMMISSION.—The Federal Election Commis- fected. shall hold its primary on the first Tuesday in sion shall certify to the States in the rel- I believe, Mr. President, it will prob- May. evant region the names of all seriously con- ably give a slightly greater advantage (D) REGION IV.—Each State in Region IV sidered candidates of each party— to those candidates who are not inde- shall hold its primary on the first Tuesday in (1) for the first primary in the election pendently wealthy or do not have huge June. year, not later than 6 weeks before such pri- campaign chests because, with 12 or 13 (2) SUBSEQUENT ELECTION CYCLES.— mary; and primaries going on at the same time, (A) GENERAL RULE.—Except as provided in (2) in the subsequent primaries in the elec- tion year, not later than 1 week after the they could attempt to establish a niche subparagraph (B), in the second and each subsequent election year after the date of en- preceding primary in that election year. in one or two or three of those States actment of this Act, each State in each re- (b) STATE PRIMARY BALLOTS.—Each State and become well known, win one or gion shall hold its primary on the first Tues- shall include on its primary ballot— two, and be major candidates by the day of the month following the month in (1) the names certified by the Federal Elec- time the second round comes around. which it held its primary in the preceding tion Commission; and Not at all incidentally, Mr. Presi- election year. (2) any other names determined by the ap- dent, it would place the nomination (B) LIMITATION.—If the States in a region propriate State committee. process a little bit closer to the na- were required to hold their primaries not SEC. 5. VOTING AT NATIONAL PARTY CONVEN- tional convention, and that perhaps earlier than the first Tuesday in June of the TIONS BY STATE DELEGATES. preceding year, such States shall hold their (a) IN GENERAL.—Each State committee would slightly shorten the entire proc- primaries on the first Tuesday in March of shall establish a procedure for the apportion- ess. the succeeding election year. ment of delegates to the national Presi- I think, in summary, Mr. President, (b) REGIONS.—For purposes of subsection dential nominating convention of each polit- that we should do everything we pos- (a): ical party based on 1 of the following models: sibly can to improve the nomination (1) REGION I.—Region I shall be comprised (1) WINNER-TAKE-ALL.—A binding, winner- system for President and see to it that of the following: take-all system in which the results of the all of our people have equal oppor- (A) Connecticut. primary bind each member of the State dele- tunity to participate. (B) Delaware. gation or Congressional district delegation (C) District of Columbia. Mr. President, I ask unanimous con- (or combination thereof) to the national con- (D) Maine. vention to cast his or her vote for the pri- sent that a copy of the bill be printed (E) Maryland. mary winner in the State. in the RECORD. (F) Massachusetts. (2) PROPORTIONATE PREFERENCE.—A binding There being no objection, the bill was (G) New Hampshire. proportionate representation system in ordered to be printed in the RECORD, as (H) New Jersey. which the results of the State primary are follows: (I) New York. used to allocate members of the State dele- S. 1589 (J) Pennsylvania. gation or Congressional district delegation (K) Rhode Island. (or combination thereof) to the national con- Be it enacted by the Senate and House of Rep- (L) Vermont. vention to Presidential candidates based on resentatives of the United States of America in (M) West Virginia. the proportion of the vote for some or all of Congress assembled, (2) REGION II.—Region II shall be comprised the candidates received in the primary in the SECTION 1. SHORT TITLE. of the following: State. This Act may be cited as the ‘‘Presidential (A) Alabama. (b) SELECTION OF DELEGATES.— Primary Act of 1996’’. (B) Arkansas. (1) SUBMISSION OF NAMES.—Not later than SEC. 2. DEFINITION. (C) Florida. the date on which a candidate is certified on For purposes of this Act— (D) Georgia. the ballot for a State, such candidate shall (1) the term ‘‘election year’’ means a year (E) Kentucky. submit to the State committee, in priority during which a Presidential election is to be (F) Louisiana. order, a list of names of individuals proposed held; (G) Mississippi. by the candidate to serve as delegates for (2) the term ‘‘national committee’’ means (H) North Carolina. such candidate. the organization which, by virtue of the by- (I) Oklahoma. (2) SELECTION.—Delegates apportioned to laws of a political party, is responsible for (J) South Carolina. represent a candidate pursuant to the proce- the day-to-day operation of such political (K) Tennessee. dure established under subsection (a) shall be party at the national level, as determined by (L) Texas. selected according to the list submitted by the Federal Election Commission; (M) Virginia. the candidate pursuant to paragraph (1).

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1524 CONGRESSIONAL RECORD — SENATE March 5, 1996 (c) VOTING AT THE NATIONAL CONVEN- timber land owner in the region are In my view, people ought to be will- TIONS.—Each delegate to a national conven- working on comprehensive habitat con- ing to settle for this as a responsible tion who is required to vote for the winner of servation plans. Every single one of approach. the State primary under the system estab- these groups assume full implementa- Mr. President, I intend to pursue this lished under subsection (a) shall so vote for matter on the continuing resolution at least 2 ballots at the national convention, tion of option 9 as the basis of fish and unless released by the winner of the State wildlife protection in their own plans. when it comes before the full Senate. It primary to which such delegate’s vote is If option 9 goes belly up, all of these is my understanding that the CR will pledged. habitat plans are worthless. contain limited language on this issue, SEC. 6. EFFECTIVE DATE. Third, my bill establishes a perma- but I do not believe it will solve the This Act shall apply to the primaries in nent, reasonable salvage program. The problem. I look forward to working the year 2000 and in each election year there- key work is permanent. I propose mov- with my colleagues. after. ing away from ad hoc forest planning Mr. President, I would also like to explain further some of the concepts By Mrs. MURRAY (for herself, by Congress, switching gears with every swing of the political pendulum. contained in this bill. Mr. LEAHY, Mr. BAUCUS, Mr. Instead, we should put a long-term pro- REPLACEMENT VOLUME FOR SECTION 2001(K) BUMPERS, and Mrs. FEINSTEIN): SALES, SECTION 102(B) S. 1590. A bill to repeal the emer- gram in place, something everyone can The Secretary and contract holder/ gency salvage timber sale program, and plan around, year in and year out. sale purchaser should immediately for other purposes; to the Committee Let me be very clear: This is not begin negotiations to locate alter- on Energy and Natural Resources. about salvage logging; this is about public input and accountability. Sal- native volume agreeable to both par- THE PUBLIC PARTICIPATION IN TIMBER SALVAGE ties. Because these purchasers have ACT OF 1996 vage logging is appropriate—and some- Mrs. MURRAY. Mr. President, I rise times necessary—is done right. My bill owned these contracts for half a dec- today to introduce legislation to cor- sets up a program that allows the agen- ade, the Secretary should make every rect serious problems with a law passed cies to target salvage logging on an ex- effort to find and plan environmentally by this Congress at the beginning of pedited basis when needed, under the sound timber sales or modifications of last year. This law was intended to by- full scrutiny of the public eye. If the the existing sale. The Secretary should pass environmental safeguards to speed agencies can defend their proposals, direct agency personnel to make sub- up tree harvesting in national forests. then they will go forward unimpeded. stitute volume a priority. Mr. President, this law, commonly Mr. President, I remember what it New sales or modifications of exist- known as the salvage rider, has not was like last spring. There was a new ing sales must comply with all applica- worked. Instead, it has reopened old feeling in Congress; the people had ble law, forest and regional plans, and wounds in the Pacific Northwest, and called for change, so the leadership was standards and guidelines. Specifically, sparked major controversy throughout running through bills left and right in they must comply with the Northwest the region. It has once again cast polit- the heat of the moment. A lot of things forest plan and, when developed, the ical uncertainty over working families, passed that might not have stood up plan—or plans—implementing the Inte- and blatantly cut regular people out of under closer scrutiny, and this was one rior Columbia Basin ecosystem man- decisions over their own forests. of them. agement project. Furthermore, they In short, what was billed as a com- The irony here is thick: The salvage must comply with Forest Service and monsense approach to removing dead rider gave the Federal Government BLM standards and guidelines, includ- trees has turned out to be another case more power, and less accountability. ing PACFISH, INFISH, and Eastside of legislative overkill on the environ- As a result, the public has no say in screens. ment. how their own national forests are BIDDING RIGHTS, SECTION 102(C)(2) Mr. President, it doesn’t have to be managed. I don’t think the people This bill contains provisions allowing this way. My bill will defuse a tense wanted that kind of change. for purchasers holding timber sale con- situation, provide certainty for work- People say this issue is too con- tracts for sales that do not comply ers, and restore a role for the public in troversial to resolve, and that over the with environmental or natural re- forest management. Let me explain years it has become too polarized. To source laws to exchange the value of how. watch the debate, you might think those contracts for bidding credits. The salvage rider has three problems: that’s true. Any person’s idea is imme- Such a concept has operated for min- It allows large, old-growth timber sales diately rejected by someone else. And eral rights in at least two other nat- previously declared illegal to be har- that may be the case with my bill. But ural resource laws—see Public Law 97– vested without regard to fish and wild- if we keep rejecting everything, we will 466, 96 Stat. 2540; and Public Law 96– life concerns; it could relegate the be left with nothing, except more 401, 94 Stat. 1702. Northwest forest plan to the trash chaos. This bill authorizes monetary credits heap; and it cuts the public completely With all the controversy, people ask based on the negotiated value of the out of any final decision to harvest me, ‘‘why bother?’’ I’ll tell you why: purchaser’s timber sale contract. The trees in national forests. Because I care deeply about the North- bidding credits extend to the purchaser First, my bill resolves the old-growth west. I care deeply about what govern- and his or her successors and assigns to issue by suspending timber sales com- ment is saying to people about tough use in whole or part payment for future monly referred to as section 318 sales, issues; more often than not, we’re tell- timber sales on Forest Service sales and requiring the Forest Service to ing people that someone, somewhere, where the credits originated therefrom provide substitute timber volume or has to lose. That’s not what I’m about. or on Bureau of Land Management buy these sales back from the pur- Most of all, I care deeply about the sales, where the credits originated chaser. In either case, the purchaser is kind of legacy we’re leaving for our therefrom. held harmless, and so are the sensitive children in this world. SALVAGE SALES INITIATED UNDER THE RIDER, old-growth areas. We simply cannot continue the way SECTION 103(A) Second, my bill expedites implemen- of divide and conquer. Sales initiated under section 2001 (b) tation of the Northwest forest plan by There are several ideas out there or (d) are all those begun since passage making sure resources are available to about how to proceed on this issue, of the Emergency Timber Salvage Act, complete recommended watershed from doing nothing at all, to repealing on July 27, 1995. Title III of this bill ap- analyses. The primary goal of this pro- the salvage rider outright. My bill cuts plies to sales where its provisions are vision is to protect the scientific valid- a middle path. It says to workers: Sal- timely. For example, if a sale has been ity of option 9, so that timber sales can vage logging is something we should al- advertised, this law does not require move ahead and private land owners ways be able to do. It says to conserva- the agency to host an interdisciplinary can proceed with their habitat con- tionists: You will have an opportunity team meeting with public participa- servation plans. to hold the administration to its word. tion. All sales that have not been This is a very important point: The It says to large landowners: Your habi- awarded are subject to appeal under State of Washington and every major tat planning efforts will pay off. the provision of title III.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1525 APPEAL OF AWARDED SALVAGE SALES, SECTION programs, watershed restoration, in- Finally, this pilot project should ben- 103(B) cluding road decommission, and data efit timber workers in several ways. In section 103(b), I address sales that inventory and collection. This fund First, salvage timber sales or thinning have been awarded to timber sale pur- may not be used to carry out any ac- sales that were previously uneco- chasers under the salvage and North- tivities that violate the forest plans, nomical to harvest would be offered, west forest plan provisions of the re- agency standards and guidelines, or the providing jobs for loggers and other re- scissions bill. I give the public an op- intent of this bill. This flexibility of source experts. Second, timber compa- portunity to appeal immediately and funding will allow the agency to ad- nies would be purchasing wood after thereby suspend sales that are causing dress critical salvage situations, cor- seeing its quality and knowing the environmental damage. The adminis- rect an apparent agencywide problem exact board footage, rather than tration insists that it is complying with inadequate inventory of forest re- hypothesizing about the quantity of with all environmental laws, and I sources, and address a backlog of stew- wood contained in a standing timber want to give the public an opportunity ardship and restoration projects. sale and not knowing how weather or to prove that is the case. PILOT PROGRAM FOR HARVEST CONTRACTING, timber markets might affect the abil- However, the agencies were required SECTION 306 ity to harvest or make a profit from by the law at the time these sales were The legislation authorizes a pilot the wood. Third, companies would not awarded—section 2001 of Public Law program to change the way salvage be subject to changes or delays in abil- 104–19—to take procedural short cuts. I timber sales are undertaken on Forest ity to harvest based on legal or polit- do not believe the purchasers should be Service and BLM lands. The Forest ical changes as they held long-term denied their contract rights while the Service currently sells timber by plan- timber sale contracts; they would sim- public challenges the agencies for ning and preparing the sale, offering ply purchase wood. obeying the law’s procedural timelines. the sale to bidders, and administering While harvest contracting appears to On the other hand, I do not want any the timber harvest. Harvest con- offer many benefits from many dif- sales that cause environmental harm tracting or stewardship contracting is ferent aspects, it remains untested on a to go forward. Thus, I try to strike a an alternative to the current method, large scale. This bill requires the For- balance between these competing needs entailing a two-step process: A timber est Service and BLM to establish pilot by limiting appeals to substantive harvest contract or contracts to cut programs. This should provide guid- complaints. and remove wood, and log sales from ance as to the feasibility, benefits, and I understand that often substantive the collected and sorted wood. drawbacks of the concept. claims are raised in the context of pro- There are several advantages to har- In addition, Senator MAX BAUCUS has cedural laws, such as the National En- vest contracting, including allowing introduced a bill, S. 1259, that also es- vironmental Policy Act. Some courts the agencies to better implement eco- tablishes a demonstration program to have suggested that NEPA is a purely system management, providing an op- use stewardship contracting. The con- procedural statute. The term ‘‘proce- portunity to improve tree health with- cepts contained in this bill were devel- dural’’ in this bill is not meant to out a large component of merchandise oped by a group of conservationists, eliminate claims regarding environ- timber, eliminating below-cost timber forest product industry representa- mental harm, even if they could be sales, and reducing timber theft. tives, and community leaders. This characterized as a purely procedural Specifically, harvest contracting should also offer guidance as how to would improve ecosystem management challenge. Let me give some examples. implement this pilot program. by basing contracts on the work per- Where an agency had documentation FOREST TIMBER STAND STUDY TITLE IV formed and the resulting conditions of in which a biologist recommended a The Forest Service has initiated a the forest. This would eliminate incen- sale not go forward, but the agency al- similar study to that required in this tives for purchasers to inappropriately lowed the sale to be awarded to a pur- bill. The Western Forest Health Initia- harvest large, lucrative trees. This chaser, then such documentation could tive should be used as a foundation for pilot project encourages harvest so be the basis for an appeal and would the requirements of this bill. There is smaller, less valuable trees that have not be considered a procedural chal- no need for the agencies to be duplica- proliferated in many years of the West lenge. Another example would be where tive, rather this bill’s provisions should due to fire suppression and historic the agency went forward with a sale timber practices, such as highgrading. be supplemental to the work done in prior to obtaining the concurrence These young, dense stands are expen- the WFHI. from the National Marine Fisheries sive to harvest, but many scientists be- COLLABORATIVE DECISIONMAKING Service or the U.S. Fish and Wildlife lieve it is important to remove them in Early drafts of this bill included use Service regarding whether an activity order to restore health to timber of collaborative decisionmaking. The will or will not jeopardize a species stands. concept was dropped from the bill be- under the Endangered Species Act. The primary financial benefit is that cause it was too difficult to described This should not be characterized as a gross timber sale revenues would be in legislative language. However, this procedural challenge. A final example substantially higher because pur- decisionmaking process was very effec- would be that section 2001 of Public chasers would not have road construc- tive when it was used to plan and de- Law 109–14 required the agencies to, in tion or logging costs—they would sim- velop timber salvage sales after the their discretion, file only environ- ply buy the wood from the log yard. wildfires of 1994 on the Wenatchee Na- mental assessments, not environ- Because the agencies may not be as ef- tional Forest. The process was devel- mental impact statements. Because ficient as a private enterprise, the oped by Steve Daniels and Gregg Walk- both EA’s and EIS’s should disclose the agencies should consider contracting er, of Oregon State University, as a effects of a sale on the environment, a the log marketing business to a private tool to support ecosystem-based man- challenge could not be made simply be- business. agement of forest. cause the agency published such infor- A secondary financial benefit would Collaborative learning is a frame- mation in an EA, rather than an EIS. be the elimination of many opportuni- work designed for natural resource However, if the documentation, no ties for timber sale fraud and theft. management situations that have the matter what its title, failed to disclose Under harvest contracting, the scaling following features: Multiple parties the effects on the environment, it system would be eliminated and the and issues, deeply held values and cul- would be open to challenge. contractor would not benefit from cut- tural difference, scientific and tech- FUNDING TO IMPLEMENT TITLE III, SECTION 304 ting trees designated to be left stand- nical uncertainty, and legal and juris- In this bill, the agencies are given ing because of the fixed contract price dictional constraints. The key notions discretion at the forest supervisor’s and, in fact, might be penalized for not that define collaborative learning are: and district manager’s levels to com- performing to contract specifications. Redefining the task away from solving bine several funds and accounts to im- That is why the bill contains a provi- a problem to one of improving a situa- plement this bill. The intent is to pro- sion limiting the ability of the con- tion; viewing the situation as a set of vide adequate funds for such activities tractor who performs the contract interrelated systems; defining improve- as salvage timber sales, stewardship from also selling the harvested wood. ment as desirable and feasible change;

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1526 CONGRESSIONAL RECORD — SENATE March 5, 1996 recognizing that considerable learning ator from Mississippi [Mr. LOTT] were ico international boundary line and by about science, issues and value dif- added as cosponsors of S. 953, supra. persons of Mexico who establish enter- ferences—will have to occur before At the request of Mr. BINGAMAN, his prises in the United States seeking to implementable improvements are pos- name was added as a cosponsor of S. distribute international cargo in the sible; and promoting working through 953, supra. United States shall not be approved the issues and perspectives of the situ- S. 1028 until certain certifications are made to ation. At the request of Mrs. KASSEBAUM, the Congress by the President and the Because of its success on the the name of the Senator from Alabama Secretary of Transportation, and for Wenatchee National Forest, I rec- [Mr. SHELBY] was added as a cosponsor other purposes. ommend the agencies consider use of of S. 1028, a bill to provide increased S. 1553 collaborative decisionmaking proce- access to health care benefits, to pro- At the request of Mr. MCCAIN, the dures to increase valuable and produc- vide increased portability of health names of the Senator from Louisiana tive participation by various interest care benefits, to provide increased se- [Mr. JOHNSTON], the Senator from Ohio parties. curity of health care benefits, to in- [Mr. DEWINE], the Senator from Wyo- crease the purchasing power of individ- ming [Mr. THOMAS], the Senator from By Mr. D’AMATO: uals and small employers, and for other Alaska [Mr. STEVENS], the Senator S.J. Res. 50. A joint resolution to dis- purposes. from Missouri [Mr. ASHCROFT], the approve the certification of the Presi- S. 1039 Senator from Louisiana [Mr. BREAUX], dent under section 490(b) of the Foreign and the Senator from Minnesota [Mr. Assistance Act of 1961 regarding for- At the request of Mr. ABRAHAM, the WELLSTONE] were added as cosponsors eign assistance for Mexico during fiscal names of the Senator from Kentucky [Mr. MCCONNELL] and the Senator from of S. 1553, a bill to provide that mem- year 1996; to the Committee on Foreign bers of the Armed Forces performing Relations. South Carolina [Mr. THURMOND] were added as cosponsors of S. 1039, a bill to services for the peacekeeping effort in CERTIFICATION DISAPPROVAL LEGISLATION the Republic of Bosnia and Herzegovina Mr. D’AMATO. Mr. President, I rise require Congress to specify the source of authority under the United States shall be entitled to certain tax benefits today to introduce a joint resolution in the same manner as if such services that disapproves of the administra- Constitution for the enactment of laws, and for other purposes. were performed in a combat zone. tion’s certification of Mexico. I am SENATE JOINT RESOLUTION 18 S. 1420 joined by my colleagues Senator At the request of Mr. HOLLINGS, the At the request of Mr. STEVENS, the HELMS, Senator MCCONNELL, and Sen- name of the Senator from Mississippi names of the Senator from Illinois [Ms. ator PRESSLER in presenting this reso- [Mr. COCHRAN] was added as a cospon- MOSELEY-BRAUN] and the Senator from lution and urge its immediate passage. sor of Senate Joint Resolution 18, a South Carolina [Mr. THURMOND] were As a result of the amount of drugs joint resolution proposing an amend- added as cosponsors of S. 1420, a bill to that are found to have come into the ment to the Constitution relative to amend the Marine Mammal Protection United States through Mexico, we contributions and expenditures in- Act of 1972 to support International know that Mexico has failed to stem tended to affect elections for Federal, Dolphin Conservation Program in the the international drug trade. If this ad- State, and local office. ministration does not want to recog- eastern tropical Pacific Ocean, and for SENATE JOINT RESOLUTION 49 nize Mexico’s failure, then it is up to other purposes. At the request of Mr. KYL, the names Congress to do so. I will speak on this S. 1451 of the Senator from North Carolina issue in more detail tomorrow. I en- At the request of Mr. MCCAIN, the [Mr. HELMS] and the Senator from courage my colleagues to join us in name of the Senator from South Da- Michigan [Mr. ABRAHAM] were added as this effort. kota [Mr. PRESSLER] was added as a co- cosponsors of Senate Joint Resolution Mr. President, I ask unanimous con- sponsor of S. 1451, a bill to authorize an 49, a joint resolution proposing an sent that the text of the joint resolu- agreement between the Secretary of amendment to the Constitution of the tion be printed in the RECORD. the Interior and a State providing for There being no objection, the joint United States to require two-thirds the continued operation by State em- majorities for bills increasing taxes. resolution was ordered to be printed in ployees of national parks in the State SENATE RESOLUTION 133 the RECORD, as follows: during any period in which the Na- At the request of Mr. HELMS, the S.J. RES. 50 tional Park Service is unable to main- name of the Senator from Arizona [Mr. Resolved by the Senate and House of Rep- tain the normal level of park oper- KYL] was added as a cosponsor of Sen- resentatives of the United States of America in ations, and for other purposes. Congress assembled, That pursuant to sub- ate Resolution 133, a resolution ex- S. 1483 section (d) of section 490 of the Foreign As- pressing the sense of the Senate that sistance Act of 1961 (22 U.S.C. 2291j), Congress At the request of Mr. KYL, the name the primary safeguard for the well- disapproves the determination of the Presi- of the Senator from Nevada [Mr. REID] being and protection of children is the dent with respect to Mexico for fiscal year was added as a cosponsor of S. 1483, a family, and that, because the United 1996 that is contained in the certification bill to control crime, and for other pur- Nations Convention on the Rights of (transmittal no. ) submitted to Congress by poses. the Child could undermine the rights of the President under subsection (b) of that S. 1506 section on , 1996. the family, the President should not At the request of Mr. ABRAHAM, the sign and transmit it to the Senate. f names of the Senator from Arizona SENATE RESOLUTION 152 ADDITIONAL COSPONSORS [Mr. KYL] and the Senator from Mis- At the request of Mr. ABRAHAM, the S. 953 souri [Mr. BOND] were added as cospon- names of the Senator from Kentucky At the request of Mr. DOLE, the sors of S. 1506, a bill to provide for a re- [Mr. MCCONNELL] and the Senator from names of the Senator from Kansas duction in regulatory costs by main- South Carolina [Mr. THURMOND] were [Mrs. KASSEBAUM], the Senator from taining Federal average fuel economy added as cosponsors of Senate Resolu- Michigan [Mr. ABRAHAM], and the Sen- standards applicable to automobiles in tion 152, a resolution to amend the ator from Tennessee [Mr. FRIST] were effect at current levels until changed Standing Rules of the Senate to re- added as cosponsors of S. 953, a bill to by law, and for other purposes. quire a clause in each bill and resolu- require the Secretary of the Treasury S. 1548 tion to specify the constitutional au- to mint coins in commemoration of At the request of Mrs. FEINSTEIN, the thority of the Congress for enactment, black revolutionary war patriots. name of the Senator from North Caro- and for other purposes. At the request of Mr. CHAFEE, the lina [Mr. HELMS] was added as a co- SENATE RESOLUTION 224 names of the Senator from Wyoming sponsor of S. 1548, a bill to provide that At the request of Mr. D’AMATO, the [Mr. SIMPSON], the Senator from New applications by Mexican motor carriers names of the Senator from North Caro- Jersey [Mr. LAUTENBERG], the Senator of property for authority to provide lina [Mr. FAIRCLOTH], the Senator from from Virginia [Mr. ROBB], and the Sen- service across the United States-Mex- Vermont [Mr. JEFFORDS], the Senator

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1527 from Ohio [Mr. DEWINE], and the Sen- mony is by committee invitation. For the Judiciary be authorized to meet ator from Wyoming [Mr. SIMPSON] were further information, please contact Jo during the session of the Senate on added as cosponsors of Senate Resolu- Meuse or Brian Malnak at (202) 224– Tuesday, March 5, 1996, at 10 a.m. to tion 224, a resolution to designate Sep- 6730. hold a hearing on ‘‘A Decade Later: tember 23, 1996, as ‘‘National Baseball SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT The Drug Price Competition and Pat- Heritage Day.’’ MANAGEMENT AND THE DISTRICT OF COLUMBIA ent Term Restoration Act. ’’ SENATE RESOLUTION 226 Mr. COHEN. Mr. President, I wish to The PRESIDING OFFICER. Without announce that the Subcommittee on At the request of Mr. DOMENICI, the objection, it is so ordered. name of the Senator from New York Oversight of Government Management COMMITTEE ON VETERANS’ AFFAIRS and the District of Columbia, Com- [Mr. D’AMATO] was added as a cospon- Mr. LOTT. Mr. President, The Com- mittee on Governmental Affairs, will sor of Senate Resolution 226, a resolu- mittee on Veterans’ Affairs asks unani- hold a hearing on Friday, March 8, 1996, tion to proclaim the week of October 13 mous consent to hold a joint hearing at 9:30 a.m., in room 342 of the Dirksen through October 19, 1996, as ‘‘National with the House Committee on Vet- Senate Office Building, on oversight of Character Counts Week.’’ erans’ Affairs to receive the legislative governmentwide travel management. presentation of the Veterans of Foreign f f Wars. The hearing will be held on NOTICE OF HEARINGS AUTHORITY FOR COMMITTEES TO March 5, 1996, at 9:30 a.m., in room 345 COMMITTEE ON ENERGY AND NATURAL MEET of the Cannon House Office Building. The PRESIDING OFFICER. Without RESOURCES COMMITTEE ON ARMED SERVICES Mr. DOMENICI. Mr. President, I Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. would like to announce for the public imous consent that the Committee on f that a hearing has been scheduled be- Armed Services be authorized to meet ADDITIONAL STATEMENTS fore the Subcommittee on Energy Re- at 9:30 a.m. on Tuesday, March 5, 1996, search and Development. in open session, to receive testimony The hearing will take place Wednes- on the Defense authorization request SUPPORT OF NATIONAL day, March 20, 1996, at 2 p.m. in room for fiscal year 1997 and the future years SPORTSMANSHIP DAY SD–366 of the Dirksen Senate Office Defense program. ∑ Mr. CHAFEE. Mr. President, today Building in Washington, DC. The PRESIDING OFFICER. Without marks the sixth annual celebration of The purpose of this hearing is to re- objection, it is so ordered. National Sportsmanship Day. Designed ceive testimony on S. 1077, a bill to au- COMMITTEE ON BANKING, HOUSING, AND URBAN to promote ethics, integrity, and good thorize research, development, and AFFAIRS sportsmanship in athletics, as well as Mr. LOTT. Mr. President, I ask unan- demonstration of hydrogen as an en- in society as a whole, National Sports- imous consent that the Subcommittee ergy carrier, and for other purposes, S. manship Day was established by the In- on HUD Oversight and Structure, of 1153, a bill to authorize research, devel- stitute for International Sport at the the Committee on Banking, Housing, opment, and demonstration of hydro- University of Rhode Island. and Urban Affairs be authorized to gen as an energy carrier, and a dem- As my colleagues may recall, the In- meet during the session of the Senate onstration-commercialization project stitute for International Sport gained on Tuesday, March 5, 1996, to conduct a which produces hydrogen as an energy national attention 3 years ago as the hearing on oversight of the Office of source produced from solid and com- sponsor of the inaugural World Schol- HEO and implementation of the 1992 plex waste for on-site use in fuel cells, ar-Athlete Games in Newport, RI. More Federal Housing Enterprises Safety and for other purposes, and H.R. 655 a than 1,600 student-athletes from 108 bill to authorize the hydrogen re- and Soundness Act. The PRESIDING OFFICER. Without countries participated in athletic and search, development, and demonstra- objection, it is so ordered. scholastic competitions. In 1995, the in- tion programs of the Department of stitute sponsored the Rhode Island Energy, and for other purposes. COMMITTEE ON ENERGY AND NATURAL RESOURCES Scholar-Athlete Games, which served Those who wish to submit written Mr. LOTT. Mr. President, I ask unan- as a model for similar contests across statements should write to the Com- imous consent that the Committee on the country. mittee on Energy and Natural Re- Energy and Natural Resources be Schools and colleges from across the sources, U.S. Senate, Washington, DC granted permission to meet during the United States are encouraged to par- 20510. For further information, please session of the Senate on Tuesday, ticipate in National Sportsmanship call Judy Brown or David Garman at March 5, 1996, for purposes of con- Day. This year, some 6,000 schools rep- (202) 224–8115. ducting a full committee hearing resenting all 50 States and 61 nations COMMITTEE ON ENERGY AND NATURAL which is scheduled to begin at 9:30 a.m. are expected to take part in the cele- RESOURCES The purpose of this hearing is to con- bration. Working with material pro- Mr. MURKOWSKI. Mr. President, I sider the nominations of Thomas Paul vided by the institute, classrooms would like to announce that a full com- Grumbly to the Under Secretary of En- around the globe will take this oppor- mittee hearing has been scheduled be- ergy; Alvin L. Alm to be Assistant Sec- tunity to debate questions related to fore the Committee on Energy and Nat- retary of Energy for Environmental gender equity, competition, and fair ural Resources. Management; Charles William Burton play. In addition, for the third year in The hearing will take place Thurs- and Christopher M. Coburn to be mem- a row USA Today is sponsoring a na- day, March 14, 1996, at 9:30 a.m. in room bers of the Board of Directors of the tional essay contest. SD–366 of the Dirksen Senate Office U.S. Enrichment Corporation. Another key component of National Building in Washington, DC. The PRESIDING OFFICER. Without Sportsmanship Day is the Student- The purpose of this hearing is to re- objection, it is so ordered. Athlete Outreach Program. This pro- ceive testimony on S. 1425, a bill to rec- COMMITTEE ON GOVERNMENT AFFAIRS gram encourages high schools and col- ognize the validity of rights-of-way Mr. LOTT. Mr. President, I ask unan- leges to send talented student-athletes granted under section 2477 of the Re- imous consent on behalf of the Govern- to local elementary and middle schools vised Statutes, and for other purposes. mental Affairs Committee to meet on to promote good sportsmanship and It will also address the Department of Tuesday, March 5, at 9:30 a.m. for a serve as positive role models. These the Interior’s July 29, 1994, proposed hearing on S. 1376, the Corporate Sub- students help young people build self- regulations regarding R.S. 2477 rights- sidy Review, Reform and Termination esteem, respect for physical fitness, of-way. Act of 1995. and an appreciation for the value of Those who wish to testify or to sub- The PRESIDING OFFICER. Without teamwork. mit written testimony should write to objection, it is so ordered. National Sportsmanship Day is rec- the Committee on Energy and Natural COMMITTEE ON THE JUDICIARY ognized by the President’s Council on Resources, U.S. Senate, Washington, Mr. LOTT. Mr. President, I ask unan- Physical Fitness and Sports. In a letter DC 20510. Presentation of oral testi- imous consent that the Committee on to the institute, Florence Griffith

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1528 CONGRESSIONAL RECORD — SENATE March 5, 1996 Joyner and Tom McMillen, cochairs of sponsoring an amendment last year about little Davids going up against the President’s Council, point out ‘‘the which called for auctioning spectrum Goliath telecommunications corpora- valuable life skills and lessons that are for a direct broadcast satellite license. tions. The auctions will be between learned by youth and adults through The FCC concluded the auction for this small, locally owned stations bidding participation in sports.’’ I will ask that license earlier this year, netting nearly against large, national corporations. the full text of the letter be printed in $700 million for the Federal Treasury. The vast majority of broadcast sta- the RECORD at the conclusion of my re- I think if my colleagues will look tions in this country are small, locally marks. through the rhetoric and focus on the owned stations and many of these sta- I am delighted that National Sports- serious policy consequences of this de- tions have well under $1 million in manship Day was initiated in Rhode Is- bate, they will realize that the very fu- pretax revenues. Local broadcast sta- land and I applaud all the students and ture of free over-the-air broadcasting is tions cannot successfully compete teachers who are participating in this at stake. If up front auctions are re- against other interests vying for the inspiring event today. Likewise, I con- quired for the digital spectrum, as sug- spectrum. The other interests who plan gratulate all of those at the Institute gested by some of my colleagues, it is to use the spectrum for more profitable for International Sport, whose hard local television stations and the con- subscriber-based services will simply work and dedication over the last 6 sumers who rely upon them as their overwhelm the local broadcasters’ ef- years have made this program so suc- only source of television that will be forts. cessful. the losers. Even if we assume that broadcasters I ask that the letter be printed in the At issue in this debate is the current would win the licenses at an auction, RECORD. plan of the FCC to allocate an addi- this would not ensure that broad- The letter follows: tional 6 MHz of spectrum to broad- casters will have the opportunity to THE PRESIDENT’S COUNCIL casters. The purpose of this allocation compete with other digital-quality ON PHYSICAL FITNESS AND SPORTS, is to allow broadcast television to con- services. A costly fight for the spec- WASHINGTON, DC, March 1996. vert their broadcast signals from ana- The President’s Council on Physical Fit- trum could make digital conversion fi- log to digital, which will be a necessity nancially prohibitive. We are told that ness and Sports is pleased to recognize in the digital world that is rapidly ap- March 5, 1996, as National Sportsmanship local broadcast stations are going to Day. The valuable life skills and lessons that proaching the video industry, and in have to invest nearly $10 million per are learned by youth and adults through par- fact, is already here with direct broad- station to convert to digital. Investing ticipation in sports cannot be overestimated. cast satellite. Digital conversion will in digital equipment and technology Participation in sports contributes to all permit broadcast television to keep for small locally owned stations such aspects of our lives, such as heightened pace with the vast changes in tele- awareness of the value of fair play, ethics, as those in my home state of North Da- communications technology, and kota is going to be challenging enough. integrity, honesty and sportsmanship, as thereby help to make broadcast TV well as improving levels of physical fitness Add on top of the equipment costs a and health. competitive. sizable fee for the spectrum, and dig- The FCC is not planning on giving The President’s Council congratulates the ital conversion for broadcasters will spectrum to the broadcasters. Rather, Institute for International Sport for its con- never become a reality. Tomorrow’s TV it intends to loan the additional spec- tinued leadership in organizing this impor- will be like today’s AM radio when the tant day. We wish you every success in your trum to broadcasters for a period of rest of the video world goes digital. efforts to broaden participation in and years in order to permit a transition awareness of National Sportsmanship Day. from analog to digital. After a certain ANALOG VERSUS DIGITAL AUCTIONS FLORENCE GRIFFITH point, the broadcasters will return The administration has a different JOYNER, their current analog spectrum—but not and equally troublesome proposal to Co-Chair. auction the analog broadcast spectrum. TOM MCMILLEN, until Americans have become equipped Co-Chair.∑ with digital televisions. That has been Under the administration’s proposal, broadcasters would have to accelerate f the plan for years. The process of con- verting to digital television was born the giveback of the analog spectrum DIGITAL BROADCAST SPECTRUM by the FCC over a decade ago. It is after completing the conversion to dig- AUCTIONS: CONSUMERS WILL only in the rush of the moment when ital. A 15–20 year process would be PAY THE HIGHEST PRICE politicians are searching for revenue to crammed in a 10-year window under THERE IS NO SPECTRUM GIVEAWAY balance the budget, that this plan has this approach. While I strongly support ∑ Mr. DORGAN. Mr. President, the come into question. the notion that broadcasters should Senate majority leader has said that he DAVID AND GOLIATH AUCTIONS have to give back the analog spectrum intends to stop the big spectrum give- Some believe that broadcasters after converting to digital, and I fur- away in the telecommunications bill. should have to pay for this spectrum— ther support the notion that this The Senator from Kansas is referring rather than receive it on a loan basis. should be auctioned, the administra- to spectrum that the FCC has set aside If the spectrum is placed up for auc- tion’s proposal is seriously flawed be- for broadcasters to use to convert to tion, there is very little chance that cause the acceleration is totally unre- digital television. He wants this spec- local broadcast stations will have the alistic. Under this approach, broad- trum to be put up for auction, which he resources to compete with the giant casters would be required to vacate the believes will net billions of dollars in telecommunications corporations that analog spectrum they are currently revenues for the Federal Treasury. And want the spectrum for subscriber-based using by the year 2005. the chairman of the Senate Commerce services. The proposals talked about up The consequences under this ap- Committee has announced that he will to this point will permit anyone to bid proach fall largely on the American soon hold hearings on this issue. for the spectrum. Thus, the tele- consumer. When the broadcasters stop I don’t think the real question is not communications giants like AT&T, sending analog signals, existing tele- whether there should be auctions of MCI, the RBOC’s, Microsoft, and others vision sets will be useless. Thus, under broadcast spectrum. Rather, the ques- will be competing against local tele- this approach, the administration is tion is when. Some, like the majority vision stations for the spectrum. The asking that all Americans replace all leader, have proposed up front auctions fact is, up-front auctions mean that existing television sets with new, yet of spectrum intended for the transition broadcast stations will not have a to be manufactured digital sets, within to digital television. Others, such as chance at the digital spectrum, and 10 years. The cost to the American con- myself, believe that the auctions therefore, will never have the oppor- sumer will likely exceed any revenue should occur on the analog spectrum, tunity to compete in a digital world. gained from this accelerated auction. after the transition occurs. Everyone needs to realize how the As I stated earlier, there really I am a strong supporter of auctions cards will be stacked in this kind of should be no question about whether or as a means of allocating spectrum. As auction. When we talk about broad- not broadcast spectrum should be auc- my colleagues know, I joined the Sen- casters having to compete in an auc- tioned. The timing of the auction is the ator from Arizona, Senator MCCAIN, in tion for this spectrum, we are talking question. It seems to me that the best

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1529 policy approach should guide this tim- cal year 1996 covers the period of Octo- SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS ing—not budget pressures. If we ask ber 1, 1995, through December 31, 1995. FOR THE QUARTER ENDING DEC. 31, 1995—Continued ourselves what is the best policy—what The official mail allocations are avail- is best for the public interest and able for frank mail costs, as stipulated Pieces Cost FY 96 Of- Senators Total per, Total cost per ficial American consumers—we must con- in Public Law 104–53, the Legislative pieces capita capita mail allo- clude that broadcasters ought to be Branch Appropriations Act for fiscal cation given the opportunity to convert to year 1996. Thomas ...... 1,300 0.00026 349.06 0.00007 41,633 digital television. Once that conversion The allocations follow: Thompson ...... 0 0.00000 0.00 0.00000 106,658 Thurmond ...... 0 0.00000 0.00 0.00000 85,277 has been successfully completed, then Warner ...... 0 0.00000 0.00 0.00000 121,897 the analog spectrum that is currently SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS Wellstone ...... 0 0.00000 0.00 0.00000 96,024• FOR THE QUARTER ENDING DEC. 31, 1995 being used should be made available f through an auction. If this process can- FY 96 Of- not realistically be completed within Total Pieces Cost ficial RECENT DEVELOPMENTS TOWARD Senators pieces per, Total cost per mail allo- PEACE IN NORTHERN IRELAND the arbitrary 7-year budget cycle we capita capita cation have created for ourselves, then we ∑ Mr. LEAHY. Mr. President, much has Abraham ...... 0 0.00000 0.00 $0.00000 $160,875 should not force ourselves into making Akaka ...... 0 0.00000 0.00 0.00000 48,447 happened since the Irish Republican a serious policy mistake. Ashcroft ...... 0 0.00000 0.00 0.00000 109,629 Army broke its cease-fire with two Baucus ...... 0 0.00000 0.00 0.00000 46,822 CONCLUSION Bennett ...... 0 0.00000 0.00 0.00000 56,493 bloody bombings in London. Those Broadcast television is the universal Biden ...... 0 0.00000 0.00 0.00000 44,754 cowardly acts cast doubt on the viabil- Bingaman ...... 0 0.00000 0.00 0.00000 56,404 video service in this country. In many Bond ...... 0 0.00000 0.00 0.00000 109,629 ity of the entire peace process. But the rural and remote areas, where cable is Boxer ...... 1,000 0.00003 $247.60 0.00001 433,718 people rose up en mass, as I had a feel- Bradley ...... 0 0.00000 0.00 0.00000 139,706 not available, it is the only video serv- Breaux ...... 0 0.00000 0.00 0.00000 92,701 ing they would. Tens of thousands dem- ice. Currently, a little more than one- Brown ...... 9,300 0.00268 3,152.24 0.00091 86,750 onstrated in the streets of Dublin and Bryan ...... 0 0.00000 0.00 0.00000 56,208 third of Americans do not subscribe to Bumpers ...... 0 0.00000 0.00 0.00000 69,809 elsewhere, demanding that the per- cable. That’s 33 million TV households Burns ...... 0 0.00000 0.00 0.00000 46,822 petrators of the violence give them Byrd ...... 0 0.00000 0.00 0.00000 59,003 that have no choice but to rely upon Campbell ...... 0 0.00000 0.00 0.00000 86,750 back their peace. broadcast television. In addition, over Chafee ...... 0 0.00000 0.00 0.00000 48,698 Responding to the will of the people, Coats ...... 0 0.00000 0.00 0.00000 112,682 60 percent of all the TV sets in the Cochran ...... 0 0.00000 0.00 0.00000 69,473 the Irish and British Governments United States—close to 138 million— Cohen ...... 0 0.00000 0.00 0.00000 52,134 reached agreement on a way forward, Conrad ...... 7,091 0.01115 5,748.14 0.00904 43,403 are not hooked to cable. Coverdell ...... 0 0.00000 0.00 0.00000 131,465 including a date of June 10 for full- If the FCC is permitted to move for- Craig ...... 0 0.00000 0.00 0.00000 49,706 party talks. The peace process is back D’Amato ...... 0 0.00000 0.00 0.00000 262,927 ward with its plan to allocate the need- Daschle ...... 0 0.00000 0.00 0.00000 44,228 on track and moving ahead, and Sinn ed spectrum for digital conversion, DeWine ...... 0 0.00000 0.00 0.00000 186,314 Fein and the IRA should waste no time Dodd ...... 0 0.00000 0.00 0.00000 80,388 consumers will continue to have access Dole ...... 0 0.00000 0.00 0.00000 70,459 in seizing this opportunity. Their par- to free television. Converting to digital Domenici ...... 1,050 0.00066 254.20 0.00016 56,404 ticipation is needed if lasting peace is Dorgan ...... 5,900 0.00928 1,091.59 0.00172 43,403 will not give broadcasters a leg up—it Exon ...... 0 0.00000 0.00 0.00000 57,167 to be achieved. As Irish Foreign Min- is a necessity in the new digital age. Faircloth ...... 0 0.00000 0.00 0.00000 134,344 ister Dick Spring said in an eloquent Feingold ...... 0 0.00000 0.00 0.00000 102,412 Rather, it is consumers that will lose if Feinstein ...... 1,737 0.00006 547.83 0.00002 433,718 speech to the Dail Eireann on February this conversion does not occur. I am Ford ...... 0 0.00000 0.00 0.00000 86,009 29, the ‘‘fixed date surely now offers Frist ...... 0 0.00000 0.00 0.00000 106,658 convinced that up front auctions for Glenn ...... 0 0.00000 0.00 0.00000 186,314 the basic assurances that the repub- this spectrum will result in fewer Gorton ...... 0 0.00000 0.00 0.00000 109,059 lican movement has sought. Given the Graham ...... 0 0.00000 0.00 0.00000 259,426 choices for consumers. In areas where Gramm ...... 0 0.00000 0.00 0.00000 281,361 intolerable human cost, and the grave cable is available—and in homes where Grams ...... 650 0.00015 542.74 0.00012 96,024 political damage caused by the vio- Grassley ...... 0 0.00000 0.00 0.00000 73,403 it is affordable—it will mean fewer Gregg ...... 0 0.00000 0.00 0.00000 50,569 lence to date, how can the IRA explain choices. But for one-third of the popu- Harkin ...... 0 0.00000 0.00 0.00000 73,403 the continuation, for one more day, of Hatch ...... 0 0.00000 0.00 0.00000 56,493 lation, it will mean no choice. Hatfield ...... 0 0.00000 0.00 0.00000 78,163 its renewed campaign?’’ In my judgment, this is too high a Heflin ...... 0 0.00000 0.00 0.00000 89,144 Mr. President, Foreign Minister price to pay for the short-term revenue Helms ...... 0 0.00000 0.00 0.00000 134,344 Hollings ...... 0 0.00000 0.00 0.00000 85,277 Spring has been on a relentless quest gain in up front auctions. My concern Hutchison ...... 0 0.00000 0.00 0.00000 281,361 for peace in Northern Ireland for much is the future of free over-the-air tele- Inhofe ...... 0 0.00000 0.00 0.00000 82,695 Inouye ...... 0 0.00000 0.00 0.00000 48,447 of his distinguished career. I know his vision—not a financial giveaway to the Jeffords ...... 12,700 0.02228 2,747.97 0.00482 42,858 hopes were dashed when the IRA ended broadcast industry. I urge my col- Johnston ...... 0 0.00000 0.00 0.00000 92,701 Kassebaum ...... 0 0.00000 0.00 0.00000 70,459 its cease-fire, as were all of ours. But leagues to examine this issue carefully. Kempthorne ...... 0 0.00000 0.00 0.00000 49,706 he did not lose hope. He persevered, It is not the corporate welfare as some Kennedy ...... 0 0.00000 0.00 0.00000 117,964 Kerrey ...... 0 0.00000 0.00 0.00000 57,167 and we all owe him and Prime Minister have claimed. Rather, it is a question Kerry ...... 0 0.00000 0.00 0.00000 117,964 John Bruton our support and admira- of the survival of our local television Kohl ...... 0 0.00000 0.00 0.00000 102.412 Kyl ...... 0 0.00000 0.00 0.00000 93,047 tion for their determination, their fair- stations and the universal service that Lautenberg ...... 0 0.00000 0.00 0.00000 139,706 ness, and their commitment to a better only they can provide. I urge my col- Leahy ...... 6,004 0.01053 2,798.18 0.00491 42,858 Levin ...... 0 0.00000 0.00 0.00000 160,875 life for all the people on that island. leagues to oppose the proposal of up Lieberman ...... 0 0.00000 0.00 0.00000 80,388 I ask that Foreign Minister Spring’s front auctions and the unrealistic ac- Lott ...... 0 0.00000 0.00 0.00000 69,473 Lugar ...... 3,600 0.00064 877.65 0.00016 112,682 February 29 speech be printed in the celeration of auctioning the analog Mack ...... 0 0.00000 0.00 0.00000 259,426 RECORD. spectrum. Let’s not be tempted by the McCain ...... 0 0.00000 0.00 0.00000 93,047 McConnell ...... 0 0.00000 0.00 0.00000 86,009 The speech follows: revenue, instead carefully examine the Mikulski ...... 0 0.00000 0.00 0.00000 101,272 STATEMENT BY TANAISTE AND MINISTER FOR policy implications behind spectrum Moseley-Braun ...... 0 0.00000 0.00 0.00000 184,773 Moynihan ...... 5,250 0.00029 1,283.37 0.00007 262,927 FOREIGN AFFAIRS DICK SPRING, DAIL auctions.∑ Murkowski ...... 0 0.00000 0.00 0.00000 42,565 EIREANN, 29 FEBRUARY 1996 Murray ...... 0 0.00000 0.00 0.00000 109,059 f Nickles ...... 0 0.00000 0.00 0.00000 82,695 The British and Irish Governments have SENATE QUARTERLY MAIL COSTS Nunn ...... 0 0.00000 0.00 0.00000 131,465 long shared a common analysis and a com- Pell ...... 0 0.00000 0.00 0.00000 48,698 mon objective: a comprehensive political set- ∑ Pressler ...... 0 0.00000 0.00 0.00000 44,228 Mr. WARNER. Mr. President, in ac- Pryor ...... 0 0.00000 0.00 0.00000 69,809 tlement based on consent. We have also been cordance with section 318 of Public Reid ...... 0 0.00000 0.00 0.00000 56,208 united in agreement that this objective can Robb ...... 19,645 0.01084 6,092.98 0.00336 121,897 only be attained through all party negotia- Law 101–520 as amended by Public Law Rockefeller ...... 0 0.00000 0.00 0.00000 59,003 103–283, I am submitting the frank mail Roth ...... 0 0.00000 0.00 0.00000 44,754 tions addressing comprehensively all the rel- allocations made to each Senator from Santorum ...... 0 0.00000 0.00 0.00000 199,085 evant relationships and issues in an inter- Sarbanes ...... 0 0.00000 0.00 0.00000 101,272 locking three-stranded process. The neces- the appropriation for official mail ex- Shelby ...... 0 0.00000 0.00 0.00000 89,144 Simon ...... 0 0.00000 0.00 0.00000 184,773 sity for all-party negotiations is also appre- penses and a summary tabulation of Simpson ...... 0 0.00000 0.00 0.00000 41,633 ciated by all parties in Northern Ireland. Senate mass mail costs for the first Smith ...... 0 0.00000 0.00 0.00000 50,569 Where they, and we, have differed, has been Snowe ...... 0 0.00000 0.00 0.00000 52,134 quarter of fiscal year 1996 to be printed Specter ...... 0 0.00000 0.00 0.00000 199,085 on how to proceed into such negotiations. in the RECORD. The first quarter of fis- Stevens ...... 951 0.00204 241.79 0.00052 42,565 Was it possible to ensure that, on the one

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1530 CONGRESSIONAL RECORD — SENATE March 5, 1996 hand, all parties could enter into such nego- meaningful political alternative to violence. cent paper, The Democratic Imperative, dis- tiations freely, on a basis of equality, and Negotiations conducted on a fully inclusive played some understanding of the basis of without prejudice to their fundamental aspi- basis, and in the absence both of violence the nationalist requirement for meaningful rations, and, on the other hand, that all and of security counter-measures, have al- North/South links. I hope that all parties, in- could negotiate in full confidence that there ways seemed more likely in the long run to cluding the Unionists, will feel able, both be- was a basic commitment all round to exclu- produce a stable agreement in which all fore and throughout the negotiations, to sively peaceful methods and to the demo- could acquiesce. It is the hope of the two prove to others their determination to forge cratic process? Governments, accordingly, that the negotia- a new and all-embracing accord. This conundrum has dominated discussions tions will be fully inclusive, with all parties The Unionist parties have stressed that for between the two Governments, and wider de- being able to participate in them. We call on them an elective process is of crucial impor- bate, for the last year. It has been a difficult Sinn Fein, and the IRA, to make Sinn Fein’s tance in enabling them to go to the table. and frustrating period. Disputes over a wide participation in the process of such negotia- Both Governments are of the view that such range of complex and interconnected, but ul- tions possible. a process would have to be broadly accept- timately secondary, issues have been per- On 15 February, the President of Sinn Fein able and would have to lead immediately and mitted to obscure the fundamental point, said that ‘‘the absence of negotiations led to without further pre-conditions to the con- that there is an overwhelming consensus for the breakdown. The commencement of nego- vening of all-party regotiations with a com- peace, and for agreement between the people tiations therefore provides the way forward. prehensive agenda. who share this island. Debate about ques- Any new process must contain As is reflected in the Communigue´, the de- tions of substance has been crowded out by copperfastened and unambiguous public as- tails of an elective process are primarily a debate about questions of procedure. surances that all party talks will be initi- matter for the Northern Ireland parties, The appalling prospect that the peace proc- ated by both Governments at the earliest which will be the participants in any such ess might run into the sands has loomed be- possible date.’’ process, and for the British Government, fore us. In their mass demonstrations last All-party negotiations will begin on 10 which will have to introduce the necessary Sunday, the people underlined their deter- June. While many would have wished for an legislation, and to ensure that it is speedily mination that this could not be allowed to earlier date, we wanted to be sure that the processed. The question of how elections are happen. Even before yesterday’s Commu- appointed date was realistic and could be to be integrated into the launch of negotia- nique was written, the wider Irish public had fixed without doubt. This fixed date surely tions, on the other land, is one in which we demonstrated that the peace does indeed be- now offers the basic assurances that the re- have entirely legitimate interest, as one of long to all the people. publican movement has sought. Given the in- the participants in those negotiations. The The two Governments agreed at the end of tolerable human cost, and the grave political Irish Government is prepared to support any November that is was their firm aim to damage caused by the violence to date, how process which satisfies the criteria set out launch all-party negotiations by the end of can the IRA explain the continuation, for by the International Body; it must be broad- February—that is, today. A clear and unal- one more day, of its renewed campaign? It is ly acceptable to the Northern parties, have terable timetable leading to negotiations on up to it to decide its own course. I cannot an appropriate mandate, and be within the 10 June has now been put in place. The pretend to know how the minds of its leaders three stranded structure. It is on this basis timescale now envisaged is consistent with work. But I expect that all those with influ- that the Government has agreed with the the implications of an elective process, the ence upon it will do what they can to point British Government on the approach out- possibility of which was signalled in the No- out to it the straightforward and positive lined in the Communique´. vember communique. implications of agreement on a fixed date It is no secret that the Northern parties The essential point agreed at the summit and timetable for negotiations. continue to disagree on the form of any elec- is that there is a fixed date on which all- The Taoiseach and the Prime Minister tive process, and on the precise function of party negotiations will begin. This is a firm both recognized that confidence building that process. There are significant disagree- and unambiguous commitment. Neither Gov- measures will be necessary in the course of ments even between those who have advo- ernment has sought to enter any qualifica- all-party negotiations. Negotiations are a cated such a process from the beginning. tions, to hedge or to equivocate. dynamic process, depending on the interplay There is a range of possible options con- We now see a definite commitment that the two Governments and the Northern par- of personalities and arguments, and not a sistent with the requirement that elections ties will sit down together to begin to fash- matter of static calculation. As one such lead directly and without pre-conditions into ion that lasting settlement which is required measure, all participants would need to three-stranded all party negotiations. There are also numerous other significant to underpin peace and to allow for a new be- make clear at the beginning of negotiations details which need to be resolved in advance ginning in all three core relationships. their total and absolute commitment to the The need for negotiations has been ac- principles of democracy and non-violence set of the launch of negotiations. These are knowledged on all sides. We want them be- out in the Mitchell Report. These principles broadly grouped together under the rubric of cause, objectively, they are necessary. They offer essential guarantees that negotiations ‘‘the basis, participation, structure, format would be necessary even if the paramilitary will not be affected by violence or by the and agenda’’ of such negotiations. Both Gov- organizations had never existed, because threat of violence, and that they will address ernments have had useful discussions with there is a political conflict that must be re- and, as part of their outcome, achieve, the the parties during the series of preparatory solved. total and verifiable decommissioning of all talks which were initiated after last Novem- Nor can the will of the people for negotia- paramilitary weapons. ber’s Summit. Nevertheless, there is still tions leading to an agreement founded on All parties will also have to address, as a much work to be done. For example, we need consent be thwarted by violence. The high priority, the Report’s proposals on de- to ensure that, irrespective of the form and Taoiseach and the Prime Minister resolved commissioning. Negotiations must, in a nut- outcome of any elective process, there will that neither violence, nor the threat of vio- shell, deal fully and satisfactorily with this be a way for all the relevant players in the lence, would be allowed to influence the issue. situation, including the loyalist parties, course of negotiations, or preparations for But decommissioning is by no means the which have played so crucial and construc- negotiations. They also agreed that the only item on the agenda, nor should the tive a role, to be involved in resolving the IRA’s abandonment of its cessation of vio- commitments we seek be exploited to avoid conflict. There are several other key points, lence was a fundamental breach of the de- serious negotiation on the many other ques- and myriad lesser details on which it will be clared basis on which both Governments had tions to be addressed. The two Governments necessary to be clear in advance. engaged Sinn Fein in political dialogue. have been at pains to stress that confidence It seemed to me for some time that the They reiterated what has already been stat- is required all round if the negotiations are only practical way to hammer out agree- ed more than once in this House, that the re- to gain the momentum necessary for their ment on these issues, given both their com- sumption of full political dialogue with Sinn success. The parties must have reassurance plexity and the number of participants in- Fein requires the restoration of the that a meaningful and inclusive process of volved, would be through some form of con- ceasefire. negotiations is genuinely being offered to ad- centrated and accelerated dialogue, which The vast majority of the people of Ireland, dress the legitimate concerns of their tradi- would allow us all to bounce ideas off one an- North and South, who utterly repudiate the tions, and the need for new political arrange- other and to explore common ground. use of violence for any purpose whatever, can ments with which all can identify. Negotia- The Prime Minister and the Taoiseach be assured that there will be no bending of tions must be for real, and must be under- have now agreed that the two Governments the principle that violence has no place in taken in good faith. Every participant has will conduct intensive multi-lateral con- any political process. the right to expect that every other partici- sultations on these lines with the relevant Equally, the Governments have empha- pant will make a genuine effort to under- Northern Ireland parties, in whatever con- sized that they are determined to press on in stand opposing perspectives and to seek ac- figuration, or indeed configurations, are ac- the search for political agreement, irrespec- commodation. ceptable to those concerned. These consulta- tive of whether the republican movement A heavy onus will rest on all of us. For all tions will begin on Monday next, 4 March. makes it possible for Sinn Fein to rejoin to gain, each must be prepared to change. A Preparations at official level are already un- that quest or not. flexible and accommodating approach will be derway. The Secretary of State for Northern Nevertheless, a fundamental objective of essential. For example, I was heartened by Ireland and I will meet in Belfast on that the peace process has always been to offer a the fact that the Ulster Unionist Party’s re- day to launch the consultations and to agree

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1531 on how we will make the best use of the time minting and sale of commemorative tivities. Under the capable and dy- available, to ensure that every effort is made coins to finance the construction of a namic leadership of Diane, the club’s to secure widespread agreement among the memorial in our Nation’s Capital, hon- first treasurer, the Staff Club has parties on elections and the organisation of oring those African-Americans who grown to over 3,000 members. negotiations, and to allow us to come to a view on the question of a referendum. I fought for our Nation’s independence. The organization has been respon- would appeal to all parties to cooperate fully Mr. President, our Nation owes those sible for a number of variety shows, in that process. African-American patriots who fought dances, and dinners, however, an inte- These consultations are to be strictly in the American Revolution a deep gral part of the club has been chari- time-limited. They will end on Wednesday 13 debt of gratitude. All together, over table activities. Diane Kaseman has March. They will not be allowed to drag on 5,000 African-American men and women been instrumental in the success of inconclusively, and in so doing to threaten served as guides, spies, teamsters, and these efforts. In 1955 Diane helped to the timetable set out for the launch of nego- sailors in pursuit of a free nation. form a Senate hospitalization plan, tiations. The existence of a deadline will focus the minds of participants. These African-Americans accounted for which is still active under the jurisdic- 1 After 13 March, the two Governments will over 2 ⁄2 percent of the total American tion of the Secretary of the Senate. immediately review their outcome. The Brit- force. They served with distinction and The Staff Club was asked by the Red ish Government will bring forward legisla- honor. Cross to become part of its blood donor tion for an elective process, based on a judge- In this month, designated as Black drive in 1978 and has continued this ment of what seems most broadly accept- History Month, it is appropriate to re- support. Diane has been a driving force able. Decisions will also be announced as ap- mind ourselves of the service African- behind this noteworthy campaign and propriate on the other matters relating to Americans have given to this Nation’s has dedicated many hours of hard work the negotiating process which are to be ad- armed services. African-American serv- dressed by the consultations. The two Gov- to ensure that the Senate blood drive ernments are of the shared view that the ice men and women have left an indel- meets its goal. As a result of her ef- parties must be given every opportunity to ible mark upon our Nation’s history. forts, the Senate Staff Club has re- shape these matters in an agreed fashion, In researching the role of African- ceived four Outstanding Merit Awards but ultimately we are prepared to make Americans in the American Revolu- for its contributions. judgements and where appropriate to take tion, I was surprised to learn that Diane won the 22d Annual Roll Call the necessary decisions on the basis of what many of those patriots who served Congressional Staff Award in 1953 as we have learned in the consultations. were, indeed, slaves. How ironic it is one of the founders of the Senate Staff In essence, we have mapped out a clear that many of the patriots serving to path to the negotiating table. This combina- Club. In 1981, Diane Kaseman received tion of steps offers to all parties a balanced found a nation based on the ideals of the Sid Yudain Award in recognition of and honourable way forward. It guarantees freedom were unable to enjoy this very ‘‘her dedication to the well-being of her negotiations, and it also guarantees that freedom. We as a nation have strug- coworkers and for the generous expend- those negotiations will be conducted on the gled, and continue to struggle today, to iture of her time, talent, and personal basis of the principles of democracy and non- ensure that all Americans can enjoy resources in the service of the congres- violence. There is no reason for any party to the fruits of living in a nation dedi- sional community.’’ Diane was also refuse to participate in negotiations. Equal- cated to democracy and freedom for commended by U.S. Capitol Chief of ly, there is no reason for the IRA, through a all. Police James M. Powell for her refusal to restore its ceasefire, to deny Sinn We have a long way to go to meet Fein the possibility of full participation in unending assistance and patience dur- political dialogue and entry into the nego- that ideal. It is my sincere hope that ing a special 5-week assignment in 1984 tiations on a basis of equality. the construction of the memorial to be with the U.S. Capitol Police in estab- Negotiations are a necessary means to an built from the proceeds of the sale of lishing a system for providing security essential end. We must never forget what it these commemorative coins, will in- badges for all employees of the Senate. is that we seek to attain through them. It is spire us to continue this fight for de- Diane’s contributions have been vast important to remind ourselves of the ulti- mocracy and equality. We owe the pa- and effectual. She enjoys volunteering mate prize we seek to gain. triots who fought in the American Rev- her time and special talents in helping Political violence could be eradicated for- olution no less.∑ ever through a draining of the swamp of in- others and has contributed to the Red herited distrust and incomprehension. f Cross, Children’s Hospital, Walter Reed Through partnership in agreed institutions, TRIBUTE TO DIANE KASEMAN Hospital, Saint Joseph’s food drive, unionism and nationalism could learn to re- Hungary relief, Mexico’s earthquake ∑ spect one another and to work together for Mr. D’AMATO. Mr. President, I am relief, and Help for Retarded Children, the common good. Nationalists could feel se- pleased to take the opportunity to ac- among others. cure and valued within Northern Ireland: knowledge the 43 years of dedicated As U.S. Senator from New York, I am Unionists could feel secure and valued on the service of Diane Kaseman, upon her re- island of Ireland. We could achieve perma- particularly pleased to congratulate tirement. A native of Rochester, NY, Diane Kaseman for her outstanding nent agreement on the rules which would Diane began her distinguished career order our relationships, through matching contributions and dedicated service of and reciprocal guarantees which would tran- on March 27, 1953. Diane began her ten- the past 43 years and wish Diane con- scend disputes about sovereignty. The last ure here on Capitol Hill as a recep- tinued success in all her future endeav- ghosts which haunt the relationship between tionist for Representative Kenneth ors.∑ Britain and Ireland would be laid to rest. Keating. She then moved to the Senate f It is long past time that we began to work and worked for Senator John Sherman out together how to reach this destination. Cooper and has since served under the RUNAWAY AND HOMELESS YOUTH Now we know when negotiations will begin, administrations of 11 separate Senate REAUTHORIZATION ACT and we must prepare ourselves for the task Sergeants at Arms, where she has ∑ ahead. The Irish Government, working on Mr. LEAHY. Mr. President, I ask the foundations and with the commitments worked with the service and computer that the tape of S. 1582, a bill to reau- of yesterday’s communique´, will approach facilities staff of the U.S. Senate. thorize the Runaway and Homeless that task with the utmost urgency and re- Diane’s accomplishments have not Youth Act and the Missing Children’s solve.∑ been limited to her professional career, Assistance Act, introduced by myself f as she has endlessly devoted herself to and Senator SIMON on Thursday, Feb- volunteer activities benefiting not only ruary 29, be printed in the RECORD. THE BLACK REVOLUTIONARY WAR her colleagues, but also many chari- PATRIOT’S COMMEMORATIVE The text of the bill follows: table organizations. In 1953, Diane ac- S. 1582 COIN ACT tively sought and obtained approval ∑ Be it enacted by the Senate and House of Rep- Mr. BINGAMAN. Mr. President, I from the Senate Rules Committee for resentatives of the United States of America in rise today to cosponsor S. 953, the the establishment of the Senate Staff Congress assembled, Black Revolutionary War Patriot’s Club. Founded in 1954 with 150 members SECTION. 1. SHORT TITLE. Commemorative Coin Act. This legisla- as a social organization for all Senate This Act may be cited as the ‘‘Runaway tion, sponsored by Senators CHAFEE employees, the club has sponsored a va- and Homeless Youth Reauthorization Act of and MOSELEY-BRAUN, would allow the riety of social, civic, and charitable ac- 1996’’.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1532 CONGRESSIONAL RECORD — SENATE March 5, 1996 SEC. 2. JUVENILE JUSTICE AND DELINQUENCY (b) MISSING CHILDREN’S ASSISTANCE.—Sec- AUTHORITY FOR THE RULES PREVENTION ACT OF 1974. tion 408 of the Juvenile Justice and Delin- COMMITTEE TO FILE LEGISLATION (a) RUNAWAY AND HOMELESS YOUTH.—Sec- quency Prevention Act of 1974 (42 U.S.C. 5777) tion 385 of the Juvenile Justice and Delin- is amended to read as follows: Mr. LOTT. Mr. President, I further ask unanimous consent that the Rules quency Prevention Act of 1974 (42 U.S.C. 5733) ‘‘AUTHORIZATION OF APPROPRIATIONS is amended to read as follows: Committee have until 6 p.m. this ‘‘SEC. 408. To carry out the provisions of ‘‘AUTHORIZATION OF APPROPRIATIONS this title, there are authorized to be appro- evening to file the Whitewater legisla- ‘‘SEC. 385. (a)(1) There are authorized to be priated $6,000,000 for each of the fiscal years tion. appropriated to carry out this title (other 1997, 1998, 1999, and 2000.’’. The PRESIDING OFFICER. Without than part B and section 344) $75,000,000 for (c) INCENTIVE GRANTS FOR LOCAL DELIN- objection, it is so ordered. each of the fiscal years 1997, 1998, 1999, and QUENCY PREVENTION PROGRAMS.—Section 506 f 2000. of the Juvenile Justice and Delinquency Pre- ‘‘(2) Not less than 90 percent of the funds vention Act of 1974 (42 U.S.C. 5785) is amend- PROGRAM appropriated under paragraph (1) for a fiscal ed to read as follows: Mr. LOTT. Mr. President, for the in- year shall be available to carry out section ‘‘AUTHORIZATION OF APPROPRIATIONS formation of all Senators, the Senate 311(a) in such fiscal year. ‘‘SEC. 506. To carry out this title, there are will recess, then, today at 3:30 until 9:30 ‘‘(3) After making the allocation required authorized to be appropriated $30,000,000 for a.m. tomorrow. At 11 a.m. it will be the by paragraph (2), the Secretary shall reserve each of the fiscal years 1997, 1998, 1999, and majority leader’s intention to turn to for the purpose of carrying out section 331 2000.’’. not less than $911,700 for each of the fiscal the legislation concerning the White- years 1997, 1998, 1999, and 2000. SEC. 3. ANTI-DRUG ABUSE ACT OF 1986. water investigation, therefore votes ‘‘(4) In the use of funds appropriated under (a) DRUG EDUCATION AND PREVENTION RE- could occur during this session of the paragraph (1) that are in excess of $38,000,000 LATING TO YOUTH GANGS.—Section 3505 of the Senate. but less than $42,600,000, priority may be Anti-Drug Abuse Act of 1986 (42 U.S.C. 11805) We will have no further votes today, is amended to read as follows: given to awarding enhancement grants to Mr. President, for the information of ‘‘SEC. 3505. AUTHORIZATION OF APPROPRIA- programs (with priority to programs that re- all Senators. ceive grants of less than $85,000), for the pur- TIONS. ‘‘To carry out this chapter, there are au- With that I thank the Senator from pose of allowing such programs to achieve Vermont and the Senator from Wash- higher performance standards, including— thorized to be appropriated $16,000,000 for ‘‘(A) increasing and retaining trained staff; each of the fiscal years 1997, 1998, 1999, and ington for allowing me to get this in ‘‘(B) strengthening family reunification ef- 2000.’’. the RECORD, to get these approvals, and forts; (b) PROGRAM FOR RUNAWAY AND HOMELESS I yield the floor. ‘‘(C) improving aftercare services; YOUTH.—Section 3513 of the Anti-Drug Abuse The PRESIDING OFFICER. The ‘‘(D) fostering better coordination of serv- Act of 1986 (42 U.S.C. 11823) is amended to Chair recognizes the Senator from ices with public and private entities; read as follows: Washington. ‘‘(E) providing comprehensive services, in- ‘‘SEC. 3513. AUTHORIZATION OF APPROPRIA- Mr. GORTON. I thank the Chair. TIONS. cluding health and mental health care, edu- (The remarks of Mr. GORTON per- ‘‘To carry out this chapter, there are au- cation, prevention and crisis intervention, taining to the introduction of S. 1589 and volcational services; and thorized to be appropriated $16,000,000 for each of the fiscal years 1997, 1998, 1999, and are located in today’s RECORD under ‘‘(F) improving data collection efforts. ‘‘Statements on Introduced Bills and ‘‘(5) In the use of funds appropriated under 2000.’’. paragraph (1) that are in excess of SEC. 4. CRIME CONTROL ACT OF 1990. Joint Resolutions.’’) $42,599,999— Section 214B of the Crime Control Act of Mr. GORTON. I yield the floor. ‘‘(A) 50 percent may be targeted at devel- 1990 (42 U.S.C. 13004) is amended to read as Mr. LEAHY. Mr. President, I do not oping new programs in unserved or under- follows: see others seeking recognition. So I served communities; and ‘‘SEC. 214B. AUTHORIZATION OF APPROPRIA- ask unanimous consent that upon the ‘‘(B) 50 percent may be targeted at pro- TIONS. conclusion of my remarks, the Senator gram enhancement activities described in ‘‘(a) SECTIONS 213 AND 214.—There are au- from California [Mrs. BOXER] be paragraph (4). thorized to be appropriated to carry out sec- recognized for 5 minutes. ‘‘(b)(1) Subject to paragraph (2), there are tions 213 and 214 $15,000,000 for each of the The PRESIDING OFFICER. Without fiscal years 1997, 1998, 1999, and 2000. authorized to be appropriated to carry out objection, it is so ordered. part B of this title $25,000,000 for each of the ‘‘(b) SECTION 214A.—There are authorized fiscal years 1997, 1998, 1999, and 2000. to be appropriated to carry out section 214A f ‘‘(2) No funds may be appropriated to carry $5,000,000 for each of the fiscal years 1997, AMERICAN LANDMINE 1998, 1999, and 2000.’’.∑ out part B of this title for a fiscal year un- CASUALTIES IN BOSNIA less the aggregate amount appropriated for f such fiscal year to carry out part A of this Mr. LEAHY. Mr. President, I have title exceeds $26,900,000. ORDER FOR RECESS spoken on this floor many times about ‘‘(c) There is authorized to be appropriated Mr. LOTT. Mr. President, I ask unan- the danger of antipersonnel landmines. to carry out section 344 of this title $1,000,000 imous consent that at 3:30 p.m. today In fact, I find that this is an issue on for each of the fiscal years 1997, 1998, 1999, the Senate immediately stand in recess which I get thousands of letters and and 2000. until 9:30 a.m. on Wednesday, March 6. comments on my web page and over ‘‘(d) The Secretary (through the Adminis- tration on Children, Youth and Families The PRESIDING OFFICER. Without the Internet and telephone calls from which shall administer this title) shall con- objection, it is so ordered. all over the country and all over the sult with the Attorney General (through the f world from people urging the ultimate Administrator of the Office of Juvenile Jus- banning of antipersonnel landmines ORDERS FOR TOMORROW tice and Delinquency Prevention) for the and applauding steps that we took in purpose of coordinating the development and Mr. LOTT. Mr. President, I ask unan- this body to vote to ban them. implementation of programs and activities imous consent that at 9:30 a.m. on Mr. President, the NATO peace- funded under this title with those related Wednesday, March 6, immediately fol- keeping operation has been underway programs and activities funded under title II lowing the prayer, the Journal of pro- in Bosnia for less than 12 weeks. Dur- of this Act and under the Omnibus Crime ceedings be deemed approved to date, Control and Safe Streets Act of 1968 (42 ing that period, at lest 40 IFOR soldiers U.S.C. 3701 et seq.). the time for the two leaders reserved, have been wounded or killed by land- ‘‘(e) No funds appropriated to carry out the and there be a period for morning busi- mines. The first American killed in purposes of this title— ness until the hour of 11 a.m. with Sen- Bosnia, Sgt. Donald A. Dugan, may ‘‘(1) may be used for any program or activ- ators permitted to speak for up to 5 have died from a landmine. He was ap- ity which is not specifically authorized by minutes each, with the following ex- parently trying to disarm it, when it this title; or ceptions: Senator FEINSTEIN for 15 min- detonated in his hand. ‘‘(2) may be combined with funds appro- utes, Senator DORGAN for 15 minutes, Sargent Dugan was 38 years old. He priated under any other Act if the purpose of Senator BINGAMAN or his designee for died trying to help end the most brutal combining such funds is to make a single dis- cretionary grant or a single discretionary 30 minutes, and Senator THOMAS for 30 war in Europe in 50 years. He died so payment unless such funds are separately minutes. others, many of whom have lost par- identified in all grants and contracts and are The PRESIDING OFFICER. Without ents, children, or brothers and sisters, used for the purposes specified in this title.’’. objection, it is so ordered. could live.

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1533 The first American wounded in Bos- No matter how or what type of land- on the White House lawn. When Prime nia was also the victim of a landmine. mines are used, they are indiscrimi- Minister Rabin was assassinated by a Another American lost part of his foot nate. They are triggered by the victim, Jewish fanatic I thought we had from a mine. Three British soldiers and usually it is a civilian. Our mines, reached the low point. But the situa- were among those killed by landmines. and the mines of countless other na- tion has only deteriorated since then. In the 3 years that the United Na- tions, are killing and maiming hun- At least 60 people, innocent civilians, tions force was there, 204 U.N. soldiers dreds of innocent people each week. have been killed in the past 9 days were injured by mines, and 25 died. As Mr. President, we have a tremendous alone. The people responsible in an al- the snow melts and the ground thaws, opportunity. The law signed by the most obscene perversion seem to take there will be more landmine casualties. President will halt, in 3 years, our use pride in claiming responsibility for the Since 1990 when the war started, of antipersonnel landmines except in slaughter of men, women, and children. thousands of civilians have been in- very limited areas. We will not be So our sympathies—and I believe this jured and killed by landmines, and alone. Canada and Belgium have uni- can be said of all Americans—and our they will continue to suffer casualties laterally halted their production, use, prayers are with the victims and their long after the NATO troops leave. The and export of these weapons, and 20 families. Army’s advice is ‘‘if it’s not paved, other nations have declared support for The White House has said that they don’t step on it.’’ That’s great. That an immediate, total ban. means that 99 percent of the land in During the next 3 years, we can lead will provide counterterrorism assist- Bosnia is too dangerous to walk on. other nations to join with us in repudi- ance to Israel, and the Palestinian au- The landmines in Bosnia, like many ating this weapon. If the Congress, the thority—and the Congress, of course— other countries, will be cleared an arm President, the Vice President, the Sec- is going to support whatever can be and a leg and a life at a time for gen- retary of Defense, the Chairman of the done to stop these atrocities. But we erations. Joint Chiefs, the Secretary of State, know there are no guarantees. If some- Mr. President, I have spoken often on our U.N. Ambassador, all our Ambas- one is prepared to sacrifice his life to this subject and I will continue to do sadors in posts around the world—if we commit murder, there are real limits so. Today I want to make just one all speak loudly and with one voice, on what we can do to prevent that. point. the message will be heard. Prime Minister Peres has said he will If there ever was an opportunity for Mr. President, a recent Washington take all necessary steps to fight back. American leadership to make the world Post article entitled ‘‘A Global Bid To He has no alternative. To stand by and a safer place, this is it. On February 12, Ban Landmines,’’ described how the not do whatever he can would be incon- President Clinton—and I applaud him Serbs used minefields in their cam- ceivable, and I know the Prime Min- for it—signed the foreign operations paign of ethnic cleansing, by forcing ister’s determination is to do all that bill which contains my amendment to their Moslem captives to walk through is possible that he, his government, halt, for 1 year, U.S. use of anti- minefields, triggering the mines. and his great country can do. personnel landmines. That many sound appalling, and it is. Chairman Arafat has condemned the Some in the Pentagon have com- But it is little different from what mil- attacks and has pledged to fight back, plained that since they use landmines lions of people are forced to do each as he should have done long, long ago. responsibly they should not have to day, in countries where survival means He should be taking all necessary stop using them. tilling the land, and the land is a mine- measures to track these people down Mr. President, no one is more proud field. and stop them before they strike again. than I am of our Armed Forces. Our So Mr. President, we remember Sgt. Those who would urge Prime Minister men and women in uniform, whether Donald Dugan for his sacrifice for Peres to turn his back on the peace they are in Bosnia, Korea, or here in peace in Bosnia. Let us also remember process should also understand that is Washington, make every American him by renouncing these cowardly exactly what the terrorists want. They proud for what they stand for, and weapons that have claimed the lives of want the war to go on because they their unmatched professionalism. I so many innocent people. know that if peace prevails—as we all have voted for just about every defense f appropriations bill since I came to the pray it will—then they lose. U.S. Senate. BOMBINGS IN ISRAEL Real opportunities for peace come If I thought for a minute that getting Mr. LEAHY. Mr. President, each one rarely. It took great courage and years rid of antipersonnel landmines would of us has been horrified at what we of patient work to get to this point. put our troops or our national security have seen on our television sets with Prime Minister Rabin gave his life for in jeopardy, I would not be speaking the tragedies in Israel. I was at my it, as have dozens of others. There is no here today. On the contrary, I believe home and reading the recent account— other way than to search and continue we have far more to gain. Anti- what I thought was the most recent ac- searching for peace. personnel landmines cannot be justi- count of bombing in Israel—when I got So I express my sorrow and my hor- fied on military grounds or on moral a call from somebody in my office who ror at what has happened to this brave grounds. started referring to the terrible bomb- country. I hope that now steps can be I have received calls and letters from ing in Israel. I said, ‘‘I am reading taken to stop terrorists from striking combat veterans from every part of about it right now.’’ He said, ‘‘No; not again and stop those who would plan this country who experienced the hor- the one that is in this morning’s paper, even more terrorism but also let the rors of landmines, and who agree with the one that happened within the last peace process go forward. me that they made their job more dan- few minutes.’’ Mr. President, I yield the floor. gerous, not safer. Some were wounded The shock that fell on everybody in Mrs. BOXER addressed the Chair. by mines. Some saw troops under their my office, on everybody in my family, command killed by mines, even by and on the family members of those in The PRESIDING OFFICER. The their own minefields when the battle my office—one of whom lives with his Chair recognizes the Senator from changed direction. wife and daughter in Israel. California. I know landmines have some military I believe that we are witnessing a de- Mrs. BOXER. Thank you very much, use. But consider the cost. Over 24,000 termined, relentless suicidal attempt Mr. President. Americans were injured or killed by to destroy the peace process in the I thank the Senator from Vermont mines in World War II. There were over Middle East. It may be predictable. We for his eloquence. We come to the Sen- 2,400 recorded landmine casualties in have seen these attempts before. Fa- ate floor all too often to talk about Korea, and over 7,400 in Vietnam. natical extremists have tried time and tragedy and needless loss of life. The Twenty-one Americans died in the Per- again to intimidate and destroy the Senator talked about the tragedy in sian Gulf from mines—20 percent of all forces for peace; unfortunately, on both Israel; needless tragedy. We see it in our casualties there. Twenty-six per- sides. But so far they have failed. England. We see it here at home. We cent of our casualties in Somalia were I think that Israel today faces its saw it in Oklahoma City, in New York from mines. greatest challenge with the handshake City. Terrorism must be—and will be—

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1534 CONGRESSIONAL RECORD — SENATE March 5, 1996 stopped because people in this world Yasser Arafat signed the Declaration of has and will offer Israel. The fact that want peace, and they want life as they Principles on the White House lawn President Mubarak and King Hussein choose to live in peace. and began a new era in the Middle not only set foot in Jerusalem but also Tragedy also comes too often in the East. As much as we hoped there would eulogized Prime Minister Rabin at his course of our lives here in America in be an end to terrorism, bloodshed, and funeral spoke to the commitment for our hectic life. I am here to talk about occupation, I think just about every- peace with a strong Israel. The more one such tragedy that occurred in Cali- one knew the road to peace would not than 40 heads of State and representa- fornia. be that simple. tives from over 80 countries who were f We had reason to cheer though be- there also signaled international in- cause now the battle lines would be vestment in the peace process as well BRIAN OHLEYER drawn differently. Rather than Arab as the tremendous personal tribute to Mrs. BOXER. Mr. President, I want versus Jew, the peace process created a Rabin that it represented. to pay tribute to a young man named new alliance, moderate versus extre- I think Prime Minister Peres has Brian Ohleyer, who was killed yester- mism, where Israelis, Palestinians, and been equally determined in this quest. day in a tragic automobile accident in others were joined to pursue a peaceful He has continued implementation of northern California. Brian was in his and prosperous Middle East. the Oslo II Agreement, expanded rela- twenties. He was a light in every life While there were some very tenuous tions with Jordan, pursued preliminary that he touched, in every community periods during 1994—continued ter- peace talks with Syria and he has also that he was a part of, in every school rorist attacks, such as the disastrous cemented ties with other countries. that he went to, and in every job he bombing in the center of Tel Aviv, and We had hoped that the extremists in had. And he brought light to my life. the bomb attack in Beit Leid where the Middle East would have been weak- He was my friend. over 20 soldiers were killed, the mas- ened. But as their ranks have been Brian’s future was as bright as you sacre of 28 Palestinians in Hebron by withering, their hatred was inten- could imagine—a wife, Elle, whom he an extremist Israeli named Baruch sifying. Israel, with some cooperation adored; a career that he loved; a mom Goldstein—nonetheless, Mr. President, from Palestinian leader Yasser Arafat, has continued its war against ter- and dad, brother and sister, nephews the peace process was progressing. By rorism, and it is widely assumed that and nieces whom he treasured, which late 1995, in fact, it seemed relations that led to the January assassination made up the happiest and warmest of between Arafat and Rabin were warm- of the engineer, the so-called engineer, families. Brian was blessed, and he ing. Yahyia Ayash, the Hamas technician blessed everyone that he touched. Israelis themselves, Mr. President, who masterminded the bus explosions And then came yesterday, a truck were becoming more confident that in Israel. crashing into all his dreams and the this was the path to take. On Novem- Mr. President, in the last 9 days, we dreams of everyone who loved him. The ber 4, 1995, 150,000 Israeli supporters at- all know we have seen 4 devastating news was like a stab in the heart. News tended a Tel Aviv peace rally to dem- bombs, all delivered by fanatics on a like this strikes too many Americans. onstrate their depth of commitment to suicide mission, explode during com- And when it happens, we have to reach the peace process. muter rush hours in urban centers in out to one another. In the days ahead, Then, of course, as we all sadly know, Israel, murdering at least 59 people and we will reach out to this family. extremism struck again. This time a injuring many more. The horrific im- I talked to Michael Luckhoff, the Jewish radical gunned down Prime ages we see on television cannot even general manager of KGO Radio in San Minister Rabin in an effort, of course, compare with the terror any Israeli Francisco, Brian’s employer. He said to kill the peace process. must now feel when they get on a bus Brian was a shining star, a wonderful, I think it is important to note that to go to work, pick up their shopping, polite young man—a superstar, he said. this, too, was a terrorist attack, an at- send their kids to school. This is a real He said he was the future, a gem tack in the vein of a new Middle East source of insecurity and pandemonium among gems, liked by everyone, a pace- where extremism and violence of any in Israel now. setter, a breath of fresh air. stripe lashes out against any sign of What makes this problem so chal- I am here to say that when we lose peace and tolerance. lenging is how does Israel stop a sui- someone like this, all we can do is pray Of course, with the assassination of cide bomber? There are young Hamas that this tragedy does not happen to Prime Minister Rabin, the world lost supporters who are willing to blow anyone we love. All we can do is re- one of its great leaders and great men. themselves up as long as they can take member the best and brightest memo- He possessed so many attributes that a few Israelis with them. At first they ries. And what I am going to do, be- made him an extraordinary figure. As a said the attacks were in retaliation for cause this young man was a model of soldier, he helped build Israel, and as the killing of the engineer. Now it is what a young person should be, full of Prime Minister, he paved the way for a because of Israel’s announced war on life and expectation, playing by the peace that can only come from Israel’s Hamas. It is really a war against any rules, just the best, I am going to name strengths. With this, he earned the kind of Western or modern presence in my internship program after Brian, trust and confidence of Israelis who the Middle East and against the peace and all the interns that come in my of- knew that Rabin would not take risks process. Prime Minister Peres has re- fice will learn about him and they will for peace that outweighed the dangers sponded forcefully and decisively. He be Brian Ohleyer interns. Maybe in of continued war. has pledged that Israel will take all that small way I can do my part in He recognized the day had passed measures necessary to fight the war keeping his spirit alive. when one people in the Middle East can against terrorism. Last night, they ar- I thank the Chair. I yield the floor. really think seriously about domi- rested a man from Ramallah who they Mr. FEINGOLD addressed the Chair. nating another people; when most believe orchestrated three of the last The PRESIDING OFFICER. The Sen- Israelis, Palestinians, Jordanians, and four attacks. A strict closure, a drastic ator from Wisconsin is recognized. others saw that they must co-exist if effort to fully separate Israelis and Mr. FEINGOLD. I thank the Chair. there is to be any security or pros- Palestinians, will be in effect, I expect, I am moved by the remarks of the perity in the region. until the election at the end of May. junior Senator from California. Let me Rabin put his full weight behind the I am also very proud of President follow with just a few remarks about peace process as the only way to pro- Clinton’s efforts and commitments to recent events in the Middle East. tect Israel’s security. His achievements crack down on the supporters of terror- f were illustrated again, sadly, during ists. I feel confident the United States the funeral, an event that in itself will continue to support Israel, be it MIDDLE EAST PEACE PROCESS helped solidify the process the assassin through strict enforcement of the ban Mr. FEINGOLD. On September 13, had tried to stop. The huge United on contributions to Hamas or through 1993, the world watched with hope and States delegation, which I was fortu- more intelligence sharing with Israel fear when Israeli Prime Minister nate to be part of, testified to the to avert would-be attacks, or whatever. Yitzhak Rabin and Palestinian leader depth of support that the United States But the next steps are really with the

VerDate Aug 31 2005 04:28 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S05MR6.REC S05MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 5, 1996 CONGRESSIONAL RECORD — SENATE S1535 Palestinians. The protest demonstra- lifelong work, violent extremism, such To be major tion by tens of thousands of Palestin- as that which killed Rabin—and Presi- JEFFERY S. ANTES, 000–00–0000 ians in Gaza against the bombers who dent Sadat before him—must be con- STEVEN L. HACK, 000–00–0000 ALGER E. HASELRIG, JR., 000–00–0000 struck on Sunday in Jerusalem was ex- fronted, condemned, and stopped. That, HAROLD D. HITES, 000–00–0000 actly the kind of support the peace indeed, will continue to be the biggest IN THE COAST GUARD process needs. While moderate Pal- obstacle to peace. THE FOLLOWING REGULAR AND RESERVE OFFICERS OF estinians may feel their lives are in Mr. President, I yield the floor. THE U.S. COAST GUARD TO BE PERMANENT COMMIS- SIONED OFFICERS IN THE GRADES INDICATED: danger by openly opposing Hamas, the f peace process could potentially fail if To be lieutenant they do not speak out against extre- RECESS UNTIL 9:30 A.M. GERALD E. ANDERSON MICHAEL L. GATLIN CHARLES D. DAHILL CHRISTINE R. GUSTAFSON mism and demonstrate their invest- TOMORROW NANCY R. GOODRIDGE JAMES BORDERS, JR. ment in the process. DOUGLAS I. HATFIELD KEVIN R. SCHEER The PRESIDING OFFICER. Under JAMES J. JONES THOMAS S. MAC DONALD Mr. Arafat must do all he can in his the previous order, the Senate stands MARK A. WILLIS JAMES W. BARTLETT power now to prevent further attacks. in recess until 9:30 a.m. tomorrow, STEPHEN E. SCHROEDER PETER J. CLEMENS TIMOTHY J. GILBRIDE JAMES A. STEWART Political agreements, such as that March 6, 1996. JAMES J. MIKOS CARLA J. GRANTHAM which he made with Hamas 2 weeks Thereupon, the Senate, at 3:31 p.m., PAUL A. GUMMEL KEVIN A. JONES EDWARD J. VANDUSEN SUSAN R. KLEIN ago, are simply and clearly insuffi- recessed until Wednesday, March 6, DAVID M. FLAHERTY JEFFREY K. PASHAI cient. Hamas may now be splintered JOHN L. BEAMON WESLEY K. PANGLE 1996, at 9:30 a.m. KAREN L. BROWN HEWITT A. SMITH III into several camps and Arafat must NEIL H. SHOEMAKER MARCUS X. LOPEZ f BRIAN P. WASHBURN counter all of them. He must also rec- SEAN D. SALTER KRISTIN K. BARLOW JAMES Q. STEVENS III ognize that merely arresting people, NOMINATIONS LARA N. BURLESON CHARLES H. SIMPSON, JR. though a good first step, is hardly suf- CHRISTEL A. DAHL Executive nominations received by DANIEL J. MOLTHEN MARK A. EMMONS ROGERS W. HENDERSON ficient. There must be an aggressive the Senate March 5, 1996: JOSE M. ZUNICA policy of hot pursuit and follow- SCOTT H. OLSON ANDRES V. DELGADO IN THE AIR FORCE BRIAN W. ROCHE GARTH B. HIRATA through in the Palestinian justice sys- ROBERT T. HENDERICKSON, DAVID E. HOTEN tem if peace is to be sustained. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JR. GEORGE R. LEE TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- PAUL E. GERECKE ROBERT L. SMITH Mr. President, it is with great dis- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- DAVID W. MOONEY ROBERT C. GAUDET appointment that I say it may be unre- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION GERALD M. CHARLTON, JR. MARK J. MORIN 601: KURT A. LUTZOW JEFFREY A. BAILLARGEON alistic to think that Arafat can control GERALD A. WILLIAMS To be lieutenant general BARBARA N. BENSON the extremists in the Hamas, even if he JOSE A. SALICETI MICHELLE R. WEBBER MAJ. GEN. RICHARD T. SWOPE, 000–00–0000 TIMOTHY A. MAYER DARNELL C. BALDINELLI puts all of his efforts into it. For that TODD C. HALL MICHAEL H. DAY IN THE ARMY reason, it is time again Israel not only To be lieutenant (junior grade) join with Arafat in the fight, but also THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFI- CERS FOR PROMOTION IN THE RESERVE OF THE ARMY JEFFREY R. MC CULLARS RAMON E. ORTIZVALEZ pursue its own means where necessary TO THE GRADES INDICATED UNDER TITLE 10, UNITED PAUL E. DITTMAN THOMAS W. HARKER to protect its citizens. STATES CODE, SECTIONS 3385, 3392 AND 12203(A): DANIEL H. MADES KYLE A. ADAMS CHRISTOPHER B. O’BRIEN DANIEL R. NORTON The peace process is in danger. But, To be major general PETER V. NOURSE BRUCE D. CHENEY, SR. CHRISTOPHER K. BISH as Leah Rabin appealed to us yester- BRIG. GEN. JEROME J. BERARD, 000–00–0000 DAVID R. SIMEUR II KEVIN L. REBROOK BRIG. GEN. JAMES W. EMERSON, 000–00–0000 DEAN J. DARDIS day, it is far from over. In the context MARK P. DORNAN BRIG. GEN. RODNEY R. HANNULA, 000–00–0000 PATRICK S. MC ELLIGATT KATHLEEN M. MC NULTY of the bombings and atrocities of the BRIG. GEN. JAMES W. MAC VAY, 000–00–0000 NANCY L. PEAVY BRENDAN C. BENNICK BRIG. GEN. JAMES D. POLK, 000–00–0000 EDWARD A. WESTFALL last 9 days, there should be a suspen- WILLIAM A. BIRCH WILLIAM E. RUNNELS sion of implementation or further ne- To be brigadier general RANDALL G. WAGNER MICHAEL R. CHARBONNEAU DOUGLAS R. CAMPBELL BRADLEY J. RIPKEY gotiations. Israel is in no position to be COL. EARL L. ADAMS, 000–00–0000 KARL D. DORNBURG MICHAEL SAKAIO COL. H. STEVEN BLUM, 000–00–0000 JOYCE E. AIVALOTIS CHRISTINA M. BJERGO talking further peace when the current COL. HARRY B. BURCHSTEAD, JR., 000–00–0000 MELVIN WALLACE JAMES E. ELLIOTT COL. JAMES E. CADLWELL III, 000–00–0000 situation gives its citizens no security. ANDRE L. MC GEE BRETT A. TAFT COL. LARRY K. ECKLES, 000–00–0000 But that is the genius of the Oslo CHARLES G. ALCOCK JOSEPH F. ROCK, JR. COL. WILLIAM L. FREEMAN, 000–00–0000 THOMAS J. SALVEGGIO JOSEPH M. FIERRO process which Rabin left: Israel can go COL. GUS L. HARGETT, JR., 000–00–0000 TONY M. CORTES CHARLES A. CARUOLO COL. ALLEN R. LEPPINK, 000–00–0000 KARL I. MEYER at its own speed, and it should focus on STEVEN E. VIGUS COL. JACOB LESTENKOF, 000–00–0000 MICHAEL A. BAROODY MATTHEW X. GLAVAS the fight against terrorism now. COL. JOSEPH T. MURPHY, 000–00–0000 ROBERT I. COLLER LISA A. RAGONE COL. WILLIAM T. NESBITT, 000–00–0000 ROBERT R. HARPER, JR. Mr. President, this has been a very RONALD K. GRANT COL. LARRY G. POWELL, 000–00–0000 JOSEPH PONSETI, JR. ERIC L. TYSON difficult period and leaves the past and COL. ROGER C. SCHULTZ, 000–00–0000 GREGORY L. CARTER WILLIAM R. TIMMONS COL. MICHAEL L. SEELY, 000–00–0000 ROGER A. SMITH the future in a very confusing posture. PETER A. YELLE COL. LARRY W. SHELLITO, 000–00–0000 JAMES V. MAHNEY, JR. CLAUDIA C. GELZER But we do know that peace is the only COL. GARY G. SIMMONS, 000–00–0000 KEVIN N. KNUTSON DANIEL D. UNRUH COL. NICHOLAS P. SIPE, 000–00–0000 DONNA G. URBAN alternative to this war and insecurity. MARK MARCHIONE COL. GEORGE S. WALKER, 000–00–0000 RAYMOND C. MILNE III I hope the forces of peace will prevail COL. LARRY WARE, 000–00–0000 MATTHEW D. WOODWARD JOEL B. ROBERTS COL. JACKIE D. WOOD, 000–00–0000 JOHN A. DENARD DALE DEAN over the destructive and powerful—but JOHN B. MILTON THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- DAVID J. WIERENGA minority—forces of hate. JOHN A. CROMWELL MARK J. BRUYERE MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE SCOTT A. HINTON U.S. ARMY WHILE ASSIGNED TO A POSITION OF IMPOR- THOMAS J. GOLDBERG Israel and the Palestinians are too ORIN E. RUSH, JR. TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED MICHAEL F. TREVETT invested in the peace to throw it away MITCHELL A MORRISON STATES CODE, SECTION 601(A): JOHN G. WHITE now. Even more compelling is that if CHRISTOPHER B. HILL TIMOTHY A. TOBIASZ To be lieutenant general ALAN L. BLUME Christopher S. they did throw it away, war will con- JEFFERY W. THOMAS Nicholson LT. GEN. JOHN G. COBURN, 000–00–0000 tinue in this and many other forms. LARRY L. LITTRELL Dale A. Bluemel IN THE MARINE CORPS CHRISTOPHER M. HOLMES Lawrence A. Kiley For that reason, they must put all THOMAS N. THOMSON Whitney L. Yelle their efforts into fighting these forces. THE FOLLOWING-NAMED COLONEL OF THE U.S. MARINE BRYAN P. RORKE James F. Blow CORPS FOR PROMOTION TO THE GRADE OF BRIGADIER DAVID H. ANDERSON Edward W. Sandlin II The United States also has a contin- GENERAL, UNDER THE PROVISIONS OF SECTION 624 OF EDWARD W. PRICE, JR. Scott D. Stewart ued interest in Israel’s security, and TITLE 10, UNITED STATES CODE: THOMAS J. ROBINSON II Ismal Curet RICHARD M. KLEIN Michael A. Vanvoorhees the world has a humanitarian interest To be brigadier general JERRY J. BRIGGS Lewis M. Werner in halting this mindless violence. I COL. GUY M. VANDERLINDEN, 000–00–0000 WILLIAM G. LUTMAN Charles A. Roskam II GREGORY N. DELONG James A. Nussbaumer think and hope all parties will rise to IN THE AIR FORCE DAVID A. BULLOCK Kevin Y. Pekarek TIMOTHY J. COTCHAY Michael T. Lingaitis the challenge. We must counter the THE FOLLOWING-NAMED OFFICERS FOR PERMANENT BOB I. FEIGENBLATT Erich M. Telfer PROMOTION IN THE U.S. AIR FORCE, UNDER THE PROVI- horrific forces of extremism that took STEPHEN A. MC CARTHY CONSTANTINA A. STEVENS SIONS OF SECTION 628, TITLE 10, UNITED STATES CODE, Prime Minister Rabin’s life, and fight AS AMENDED, WITH DATE OF RANK TO BE DETERMINED THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- and extinguish the forces such as BY THE SECRETARY OF THE AIR FORCE: CERS, TO BE APPOINTED IN THE LINE OF THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION Hamas that undermine the future of LINE OF THE AIR FORCE 531: the Middle East. To be lieutenant colonel to be lieutenant commander In Rabin’s vision of the Middle East, DOUGLAS W. ANDERSON, 000–00–0000 MARK A. ADMIRAL, 000–00–0000 one nation will not stand in opposition PAUL E. BISHOP, 000–00–0000 RUSSELL P. ASHFORD, 000–00–0000 to the rights and dignity of another. To RAYMOND H. CAPLINGER, 000–00–0000 VINCENT S. CROMER, 000–00–0000 RONALD E. HARVEY, 000–00–0000 KELLY C. DAWSON, 000–00–0000 achieve this, and to carry on Rabin’s RICHARD K. SPRENGER, 000–00–0000 CARL G. DECKERT, 000–00–0000

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JOHN D. DEEHR, 000–00–0000 ALAN LIM, 000–00–0000 KIERAN G. MANDATO, 000–00–0000 WILLARD E. DYURAN, 000–00–0000 RONALD LOCKE, 000–00–0000 DEBORAH L. MARIYA, 000–00–0000 GREGORY B. GALLARDO, 000–00–0000 ROBERT R. LOWE, JR., 000–00–0000 DAVID D. MITCHELL, 000–00–0000 JOHN P. GILLENWATER II, 000–00–0000 MARIAN L. MAC DONALD, 000–00–0000 NESTOR NAZARIO, 000–00–0000 ERIC L. GOTTSHALL, 000–00–0000 JAMES A. MARRON, 000–00–0000 DENNIS T. PINKNEY, 000–00–0000 FRANK M. HARRILL, 000–00–0000 ROBERT C. MARSHALL, 000–00–0000 JOHN O. REITZ, 000–00–0000 STEPHANIE T. KECK, 000–00–0000 LAURA M. MARTIN, 000–00–0000 ROBBIE H. SCOTT, JR., 000–00–0000 MERRILL F. KING, 000–00–0000 JOHN R. MASCOLA, 000–00–0000 MARK G. STEINER, 000–00–0000 JOHN N. LEWIS, 000–00–0000 DANIEL L. MAXWELL, 000–00–0000 PETER B. STMARTIN, 000–00–0000 ROBERT W. MARSHALL, 000–00–0000 DERVILLA M. MC CANN, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- ISAAC H. MAY, 000–00–0000 JOHN L. MC DONOUGH, 000–00–0000 CER, TO BE APPOINTED IN THE DENTAL CORPS OF THE MICHAEL H. MERRILL, 000–00–0000 ROBERT W. MC MAHON, 000–00–0000 U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES GRETCHEN O. MERRYMAN, 000–00–0000 ROSS MC QUIN, 000–00–0000 CODE, SECTION 531: ADAM J. MOORE, 000–00–0000 ROBERT A. MEVORACH, 000–00–0000 JOHN R. MOORMAN, 000–00–0000 JOHN A. MICHALSKI, 000–00–0000 DENTAL CORPS THOMAS G. MUNSON, 000–00–0000 DAVID W. MINER, 000–00–0000 DAVID D. PHELPS, 000–00–0000 MICHAEL J. NOWICKI, 000–00–0000 To be commander RUSSELL H. PHELPS, III, 000–00–0000 THOMAS J. O’BRIEN IV, 000–00–0000 RICHARD L. SZAL, 000–00–0000 TONY D. RYKKEN, 000–00–0000 STEPHAN E. OOSTERMAN, 000–00–0000 BRETT R. SCHEXNIDER, 000–00–0000 RICHARD L. PARKER, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- JERRY D. SEAGLE JR., 000–00–0000 ROBERT L. PARRY, 000–00–0000 CERS, TO BE APPOINTED IN THE MEDICAL SERVICE LARRY THOMAS, 000–00–0000 DREW A. PETERSON, 000–00–0000 CORPS OF THE U.S. NAVY, PURSUANT TO TITLE 10, VINCENT D. TRAEYE, 000–00–0000 FRANK J. PINTO, JR., 000–00–0000 UNITED STATES CODE, SECTION 531: MICHAELPETER VASKE, 000–00–0000 PABLO D. PIZARRO, 000–00–0000 DAVID M. WARNER, 000–00–0000 PAUL POTTER, 000–00–0000 MEDICAL SERVICE CORPS DANIEL E. ZIMBEROFF, 000–00–0000 JEFFREY G. PROCTOR, 000–00–0000 To be lieutenant commander THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- GERARD S. REBAGLIATI, 000–00–0000 CERS, TO BE APPOINTED IN THE MEDICAL CORPS OF THE DAVID ROBERTS, 000–00–0000 ELLEN M. ANDERSEN, 000–00–0000 U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES WILLIAM P. ROBINSON, JR., 000–00–0000 MELISSA T. BERRY, 000–00–0000 CODE, SECTION 531: MARCO A. ROSS, 000–00–0000 CHARLENE C. COLON, 000–00–0000 ANDREW K. SALTZMAN, 000–00–0000 JOSEPH D. DUPRE, 000–00–0000 MEDICAL CORPS JAMES J. SCHNEIDER, 000–00–0000 RALPH L. HOWE, 000–00–0000 To be captain SCOTT R. SCHOEM, 000–00–0000 WILLIE R. HUNTER, 000–00–0000 RUDY A. SEGNA, 000–00–0000 KEVIN R. KENNEDY, 000–00–0000 LAWRENCE, E. COOT, 000–00–0000 JAMES F. SMITH, JR., 000–00–0000 THOMAS MOSZKOWICZ, 000–00–0000 WILLIAM R. CORSE, 000–00–0000 STEPHEN K. SOUTHER, 000–00–0000 CELIA A. QUIVERS, 000–00–0000 RICHARD M. GILBERT, 000–00–0000 RAYMOND G. SPAW, 000–00–0000 LEISA R. RICHARDSON, 000–00–0000 DAVONNE S. LOUP, 000–00–0000 KIRTH W. STEELE, 000–00–0000 ANNE R. SHIELDS, 000–00–0000 WILLIAM R. SCHINDLER, 000–00–0000 ERIC S. SUAREZ, 000–00–0000 STEPHANIE M. SIMON, 000–00–0000 RONALD L. SOLLOCK, 000–00–0000 WILLIAM J. SWARTWORTH, 000–00–0000 ROBERT M. WAGNER, 000–00–0000 JANE F. VIEIRA, 000–00–0000 JAMES R. SWEGLE, 000–00–0000 PATRICIA J. WATSON, 000–00–0000 RUDOLPH V. TACORONTI, 000–00–0000 RICKY A. WENNING, 000–00–0000 To be commander STEVEN M. TEMERLIN, 000–00–0000 REVLON O. WILLIAMS, 000–00–0000 CORNELIUS W. THOMAS, 000–00–0000 TOBY L. WILSON, 000–00–0000 JOSE A. ACOSTA, 000–00–0000 MICHAEL L. TOBIN, 000–00–0000 KIMBERLY AGEE, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- GEORGE G. ULRICH, 000–00–0000 PHILIP P. ALFORD, 000–00–0000 CERS, TO BE APPOINTED IN THE NURSE CORPS OF THE DANIEL V. UNGER IV, 000–00–0000 SCOTT A. BILDSTEN, 000–00–0000 U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES JAMES D. VALENTE, 000–00–0000 HAROLD D. BOYD, 000–00–0000 CODE, SECTION 531: JONATHAN G. VUKOVICH, 000–00–0000 STEVEN E. BRAATZ, 000–00–0000 ROBERT S. WALL, 000–00–0000 PAULETTE C. BRYANT, 000–00–0000 NURSE CORPS AMY G. WANDEL, 000–00–0000 ROSE M. BULGER, 000–00–0000 HOWARD C. WETSMAN, 000–00–0000 To be lieutenant commander DONALD J. CENTNER, 000–00–0000 BRITT C. WILSON, 000–00–0000 COLIN G. CHINN, 000–00–0000 MARIA E. S. AGUILA, 000–00–0000 JAMES S. WILSON, 000–00–0000 BRUCE R. CHRISTEN, 000–00–0000 ANDREW R. BIEGNER, 000–00–0000 TIMOTHY J. WILSON, 000–00–0000 EDWARD N. COHILL, 000–00–0000 KAREN K. BIGGS, 000–00–0000 KENNETH A. WINGLER, 000–00–0000 GREGG J. COLLE, 000–00–0000 JULIA E. BOND, 000–00–0000 JAMES J. WOYTASH, 000–00–0000 DAVID C. COMBEST, 000–00–0000 ELIZABETH N. BOULETTE, 000–00–0000 ROBERT P. YOUNG, 000–00–0000 JOEL P. COOK, 000–00–0000 DEAN P. CARY, 000–00–0000 MARK L. ZUKOWSKI, 000–00–0000 DENNIS M. CRUFF, 000–00–0000 BRENDA A. CLARK, 000–00–0000 MARK A. DAELEY, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- ROSEMARY COTA, 000–00–0000 TERRENCE X. DWYER, 000–00–0000 CERS, TO BE APPOINTED IN THE SUPPLY CORPS OF THE MARK S. DAHLEN, 000–00–0000 WALTER ELIAS III, 000–00–0000 U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES CINDY L. DAVIS, 000–00–0000 STEPHEN H. FLAX, 000–00–0000 CODE, SECTION 531: JAMES P. FOWLER, 000–00–0000 DONALD J. FLEMMING, 000–00–0000 SUPPLY CORPS DEBRA A. GAGNON, 000–00–0000 JOHN C. FORSYTH, 000–00–0000 LAURIE GENTENE, 000–00–0000 DANIEL R. GACCIONE, 000–00–0000 To be lieutenant commander EDWARD W. GREER, 000–00–0000 TAMMY S. GERSTENFELD, 000–00–0000 CAROL J. HADDOCK, 000–00–0000 LORRAINE J. GRIFFIN, 000–00–0000 KIT A. DUNCAN, 000–00–0000 KATHY A. HANSEN, 000–00–0000 RICHARD L. GRIFFIN, 000–00–0000 CEDRIC D. HENRY, 000–00–0000 JEANETTE S. HIRTER, 000–00–0000 BEVERLY G. HARRELLBRUDER, 000–00–0000 THOMAS B. O’DOWD, 000–00–0000 GARY M. JACKSON, 000–00–0000 STEPHEN L. HENDRIX, 000–00–0000 TIMOTHY A. STARK, 000–00–0000 JOHN J. S. KANE, 000–00–0000 MARY J. HERDEN, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL RESERVE OFFI- GAYLE S. KENNERLY, 000–00–0000 BARRY E. HERMAN, 000–00–0000 CERS, TO BE APPOINTED IN THE CHAPLAIN CORPS OF PATRICIA A. KISNER, 000–00–0000 JAMES C. HIGGINS, 000–00–0000 THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED STATES RAYMOND B. LANPHERE, 000–00–0000 GREG W. HOEKSEMA, 000–00–0000 CODE, SECTION 531: LORI A. MARTIN, 000–00–0000 ERIC S. HOLMBOE, 000–00–0000 LINDA S. V. MC CORD, 000–00–0000 MARK P. HONIG, 000–00–0000 CHAPLAIN CORPS MATTHEW L. MC COUCHA, 000–00–0000 DENNIS L. HUFFORD, 000–00–0000 To be commander PATRICIA MC DONALD, 000–00–0000 ROBERT B. HUNTER III, 000–00–0000 SUSAN P. MC KEEFREY, 000–00–0000 WILLIAM HURST, 000–00–0000 CESAR V. BUENAVENTURA, 000–00–0000 SHARON A. MULLANEY, 000–00–0000 JOSEPH J. JANKIEWICZ, 000–00–0000 DAVID G. KLOAK, 000–00–0000 JOANN E. SERSLAND, 000–00–0000 ROBERT L. KARL, 000–00–0000 CARLA J. STANG, 000–00–0000 KELLY S. KEEFE, 000–00–0000 CHAPLAIN CORPS TANYA STEVENSONGAINES, 000–00–0000 DOUGLAS P. KEMPF, 000–00–0000 To be lieutenant commander DEBRA A. TERRELL, 000–00–0000 JOHN J. KNIGHTLY, 000–00–0000 MARY E. VERBECK, 000–00–0000 TIMOTHY KOBERNIK, 000–00–0000 ROOSEVELT H. BROWN, 000–00–0000 CLARENCE H. WAGONER, 000–00–0000 JEFFERY J. KUHN, 000–00–0000 STEVEN R. BROWN, 000–00–0000 MARGARET S. WOOD, 000–00–0000 CHARLES L. LAMB, 000–00–0000 JOSEPH T. DEVINE, 000–00–0000 VICTORIA M. WOODEN, 000–00–0000 JOHN I. LANE, 000–00–0000 STEPHEN A. GAMMON, 000–00–0000 SHARRON L. YOKLEY, 000–00–0000 JERRY T. LIGHT, 000–00–0000 MARK J. LOGID, 000–00–0000 ALICE A. ZENGEL, 000–00–0000

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THE CLINTON ‘‘DEFENSE’’: The American Legion has a history of con- Police Athletic League program in Bayonne. a ANOTHER STEP TOWARD TROUBLE tributing to the community since its founding sports enthusiast, Mr. Hogan also served as a after the First World War as a ``patriotic, mu- coach in both the Bayonne Little League and HON. RANDY ‘‘DUKE’’ CUNNINGHAM tual-help, and community service organiza- Catholic Youth Organization programs. OF CALIFORNIA tion.'' The membership consists of honorably Frances Hogan is an individual inspired with IN THE HOUSE OF REPRESENTATIVES discharged wartime veterans of the U.S. a commitment to family and her fellow citi- zens. Mrs. Hogan played an integral role in Tuesday, March 5, 1996 Armed Forces. Today's members, men and women, have served overseas in World War the development of her children. As a full-time Mr. CUNNINGHAM. Mr. Speaker, President II, Korea, Vietnam, Lebanon, Granada, Pan- mother, Mrs. Hogan's guidance led to her chil- Clinton's 1997 defense budget returns us to a ama, and Desert Storm. All are committed to dren becoming responsible community mem- Carter-era hollow military. It's like the dif- improving their communities through active bers. After her children had grown, Mrs. ference between Desert Storm and Desert volunteerism. These efforts have helped many Hogan went to work for the Bayonne Eco- One, Jimmy Carter's failed mission to rescue people, most especially our youngsters. nomic Opportunity Foundation. A very reli- hostages in Iran. By chopping about $10 bil- Of particular note are the many activities gious woman, Mrs. Hogan also became an ex- lion from 1996 spending, President Clinton and programs for young people. Every year, tremely active member of St. Andrew's parish. jeopardizes the military's ability to train, repair Post 171 helps send teenagers to Boys State It is an honor to have two such exceptional and maintain equipment, and ultimately to de- and Girls State, sponsors an awards program individuals residing in my district. They exem- fend our Nation. for elementary school children and Boy Scout plify the important relationship that exists be- While the defense pot shrinks, President troops, and provides a college scholarship tween family and community. I ask my col- Clinton has increased our commitments to program for high school students. leagues to join me in recognition of Bill and places like Haiti and Bosnia, costing the Pen- Mr. Speaker, please join me in saluting the Frances Hogan's life-long commitment to their tagon and the taxpayer billions of dollars. He efforts of the veterans of American Legion community and to each other. identifies spending for some important initia- Post 171. They are an important, vital part of f tives, but remains silent on where the cuts will Maryland's Eighth Congressional District. CUBAN EMBARGO NOT THE come from. The fact is they will eventually f come from important accounts that fund train- ANSWER ing, maintenance and upgrades to equipment. IN HONOR OF BILL AND FRANCES Either President Clinton is assuming Congress HOGAN: TWO OUTSTANDING CITI- HON. DOUG BEREUTER will provide necessary funding for defense, or ZENS CELEBRATING 70 YEARS OF NEBRASKA he is not serious about defending our country. OF MARRIAGE IN THE HOUSE OF REPRESENTATIVES Our soldiers who risk their lives for our Tuesday, March 5, 1996 country are continuously being asked to do HON. ROBERT MENENDEZ Mr. BEREUTER. Mr. Speaker, Cuba's more with less. Without the proper training shootdown of two civilian aircraft, resulting in and equipment our national security and our OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES the loss of four American lives just over a soldiers suffer. The 3-percent pay raise for our week ago, was a reprehensible and cowardly Tuesday, March 5, 1996 soldiers included in the bill will help them act. Certainly, a swift and decisive response make ends meet back home, but we must do Mr. MENENDEZ. Mr. Speaker, I rise today from the U.S. Government is entirely war- more than that. We must make sure our mili- to pay tribute to two outstanding citizens, Bill ranted. Whether the Clinton administration has tary personnel have the training and equip- and Frances Hogan, who celebrated their 70th chosen the appropriate response is far less ment necessary to do their jobs. Cutting de- wedding anniversary on March 1. Father John certain. fense spending makes this difficult, if not im- Doherty of St. Andrew's Church, Bayonne This Member would call to the attention of possible, to do. celebrated a special Mass in their honor on his colleagues an editorial in the March 3, Clinton's shortsighted defense policy has Saturday, March 2 at noon. 1996 edition of the Washington Post, entitled been recognized by the Joint Chiefs of Staff Saturday's remembrance acknowledged the ``The Great Cuban Embargo Scam''. A key in- who admit that defense has been under fund- enormous contributions made by Bill and tent behind the embargo legislation is to dis- ed. Congress, which recognized the problem, Frances Hogan to their family and community. courage foreign investment in Cuba by allow- kept its promise to begin fixing it. We began March was destined to be an important month ing Cuban-Americans to sue in U.S. Federal making the investments necessary to maintain for Mr. and Mrs. Hogan; Frances was born on courts those foreign companies doing busi- America's standing as the world's most for- the 14th of the month and Bill on the 26th. On ness on land once owned by these exiles. Au- midable military power. Unfortunately, while March 1, 1926, the future Mr. and Mrs. Hogan thor Louis F. Desloge argues that, conversely, we took one step forward, President Clinton's were married by Msgr. Charles Doyle in the companies are unlikely to abandon viable op- 1997 defense budget takes us two steps back. same St. Andrew's Church where their union erations in Cuba because of lawsuits, and f will be commemorated. On that happy day, would be more than willing to settle out of SALUTE TO DAMASCUS, MD, the bride and groom were attended by Ed and court. AMERICAN LEGION POST 171 Carrie Van Dwight as best man and maid of Mr. Speaker, this Member would ask that honor. Mr. Desloge's editorial from the Washington HON. CONSTANCE A. MORELLA This joyful marriage produced eight children Post be placed in today's record and urges to follow in their parents' footsteps of service that his colleagues read it. OF MARYLAND to the community: Virginia, Donovan, Cecilia [From the Washington Post, March 3, 1996] IN THE HOUSE OF REPRESENTATIVES Van Wagner, Dolores, Matt, Bill, Jerry and THE GREAT CUBAN EMBARGO SCAM Tuesday, March 5, 1996 Bernadette Stuponski. Mr. and Mrs. Hogan are (By Louis F. Desloge) Mrs. MORELLA. Mr. Speaker, I rise today to the proud grand-parents of 28 and great Virtually everyone agrees that President salute the 50th anniversary of American Le- grand-parents of 19 with 1 more due in May. Clinton should retaliate forcefully against gion Post 171, which is located in my congres- Bill Hogan is a citizen who has distinguished Cuba’s tragic and murderous downing of two sional district. This post has over 360 active himself with dedication to his community in civilian aircraft last weekend. But the least effective and most counterproductive pun- members; several members have been with Bayonne. Mr. Hogan was an active participant ishment is Clinton’s acquiescence to the the post for 50 years. The post is headed by in the administration of his town's judicial sys- Helms-Burton bill to tighten the U.S. embar- Comdr. Robert Morris with help from Gerald tem serving as chief court clerk for over 25 go of Cuba. This legislation, which the White Duvall, Leonard Tolley, Robert Morris, Robert years. In addition to his duties as father and House endorsed last week, albeit with res- Ray, Luther Burke, and Jack Day. public official, Mr. Hogan was a founder of the ervations, will only play into Castro’s hands

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 272 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 1996 by creating an expansive loophole for prop- suit. More likely, these foreign businessmen over Cuba’s economy to people who symbol- erty claimants, especially wealthy Cuban will agree, reluctantly, to pay off Cuban ex- ize the corrupt rule of the 1950s. Rather than Americans, to circumvent the embargo. iles suing under Helms-Burton. Given the undermining Castro’s rule, this bill would Jesse Helms and Dan Burton, conserv- choice of forfeiting millions of dollars in- drive the people into his camp. atives whom I admire, are no doubt sincere vested in Cuba or their financial interests in Where is the logic in denying the vast ma- in their motivation to subvert Castro’s rule the United States, the practical business so- jority of the American people the right to by applying economic pressure on his re- lution might be to give the exiles a cut of become economically engaged in Cuba if it is gime. However, they may very well achieve the action. Far better to have 90 percent of extended to only a select, wealthy few? Is just the opposite of what they seek by but- something than 100 percent of nothing, these the concept of ‘‘equal protection under the tressing, not undermining, Castro’s support businessmen will reason. Allowing Cuban law’’ served if non-Cuban Americans are now at home and weakening, not strengthening, Americans a share of their profits will just relegated to the status of second-class citi- the embargo’s prohibition on trade with be factored in as another cost of doing busi- zens? Or is the real intent of this bill to Cuba. ness. allow rich Cuban exiles the opportunity to Indeed, Helms-Burton gives the Cuban The Helms-Burton bill is a slick strata- get a jump start and thereby head off the exile community a strong financial stake in gem. Its stated purpose is to tighten the em- ‘‘gringo’’ business invasion certain to follow Castro’s Cuba. If the foreign businesses sim- bargo by allowing Cuban Americans to have the demise of the embargo and the inevitable ply withdrew in the face of Helms-Burton, the unprecedented right to sue, in U.S. fed- passing of Castro. eral courts, foreign companies doing business the exiled tobacco, sugar and rum interests on land once owned by these exiles. The idea would get nothing. But if British-American Let us put an end to this special interest is to discourage foreign business investment Tobacco or Pernod Ricard or any other for- subterfuge. Whatever obligation the United in Cuba, thus undermining the island’s finan- eign firm now doing business with the Castro States had to my fellow Cuban Americans cial recovery which, the bill’s supporters na- regime offers an out-of-court settlement to has been more than fulfilled by providing us ively hope, will result in a collapse of the Cuban American exiles, who is going to turn safe haven and the opportunity to prosper Castro regime. The bill’s practical con- them down? Given the option, at least some and flourish in a free society. Providing us, sequences are a different story. people are going to choose personal enrich- once again, another special exemption which A little-noticed provision in the Helms- ment over the principle of not doing business makes a mockery of the American Constitu- Burton measure will enable a small group of with Fidel. After all, Fidel has been in power tion, laws and courts, not to mention mak- Cuban Americans to profit from the eco- for 37 years, and the exiles are not getting ing a farce of U.S.-Cuban policy, is an insult nomic activity occurring in Cuba. any younger. to both the American and Cuban people. To understand this provision, one must The Clinton White House is not unaware of If we are going to lift the embargo for a first know who helped write it. As the Balti- the scam at the heart of the bill. Before the few wealthy exiles then, fine, let us lift it for more Sun reported last May, the bill was shooting down of the plane, the president all Americans. To be fair and consistent, drafted with the advice of Nick Gutierrez, an had objected to the provisions allowing U.S. why not liberate the entire American com- attorney who represents the National Asso- nationals to sue companies doing business in munity to bring the full weight if its influ- ciation of Sugar Mill Owners of Cuba and the Cuba. During last week’s conference with ence to bear upon Cuban people? Implement- Cuban Association for the Tobacco Industry. Congress, the president’s men surrendered ing an aggressive engagement policy to Gutierrez acknowledges his involvement, as and asked for a face-saving compromise: a transmit our values to the Cuban people and does Ignacio Sanchez, an attorney whose provision giving the president the right to to accelerate the burgeoning process of re- firm represents the Bacardi rum company. block such deals later on if they do not ad- form occurring on the island has a far better Sanchez told the Sun that he worked on the vance the cause of democracy in Cuba. But chance of ending Castro’s rule than the bill in his capacity as a member of the Amer- how likely is Clinton to block Cuban Ameri- machinations of Helms-Burton. ican Bar Association’s Cuban Property cans in Florida, a key election state, from suing Castro’s foreign collaborators later in Rights Task Force and not as a representa- f tive of the rum company. the final months of an election year? Now It is not hard to surmise what these former very. sugar, tobacco and rum interests will do if The bottom line is that Clinton, in the WORKFORCE PARTNERSHIP and when the law takes effect: sue their com- name of getting tough with Castro, has en- AWARD petitors who are now doing business in Cuba. dorsed a bill that allows the embargo to be Gutierrez told the Miami Herald last fall evaded and protects Cuban Americans who as saying that he (and his clients) are eyeing want to legally cut deals to exploit their HON. GEORGE P. RADANOVICH a Kentucky subsidiary of British-American former properties in Cuba while the rest of OF CALIFORNIA Tobacco (B.A.T.) that produces Lucky Strike the American business community must cigarettes. B.A.T. has a Cuban joint venture watch from the sidelines. IN THE HOUSE OF REPRESENTATIVES In fact, the legislation could encourage a with the Brazilian firm Souza Cruz to Tuesday, March 5, 1996 produce tobacco on land confiscated from his massive influx of new foreign investment in clients, Gutierrez claims. Cuba. Armed with the extortionist powers Mr. RADANOVICH. Mr. Speaker, the Na- Bacardi would be able to sue Pernod conferred by the legislation, former property tional Association of Private Industry Councils Ricard, the French spirits distributor, cur- holders could shop around the world for pro- rently marketing Havana Club rum world- spective investors in Cuba and offer them a [NAPIC] will be in Washington, DC, on March wide. Bacardi claims that Pernod Ricard’s full release on their property claim in ex- 3 to open an important conference on improv- rum is being produced in the old Bacardi dis- change for a ‘‘sweetheart’’ lawsuit settle- ing America's work force. At this conference, tillery in the city of Santiago de Cuba. ment entitling them to a piece of the eco- well-deserved recognition will be given to Ruiz Here is how this vexatious scheme will nomic action. Thus, the embargo is legally Food Products, Inc. for their progressive lead- work if Helms-Barton becomes law. The bypassed and everyone laughs all the way to ership and tireless efforts in enhancing our former landowner of a tobacco farm files a the bank. Nation's goal of a better educated labor force. Actually, not everyone would benefit. The suit in federal court against British-Amer- As the 1996 recipient of NAPIC's Workforce ican Tobacco and seeks damages. If both Clinton-endorsed version of Helms-Burton sides want to avoid prolonged litigation they only exempts the wealthiest cabal of Cuba’s Partnership Award, Ruiz Food Products lo- can reach an out-of-court settlement where- former elites from the embargo’s restraints. cated in California's Tulare County, has shown by the former tobacco grower can now share The bill will only allow those whose former that its efforts to energize the area's commit- in the profits of the ongoing B.A.T.-Brazilian property is worth a minimum value of $50,000 ment to develop job skills have not gone un- joint venture in Cuba. Likewise, Bacardi (sans interest) to file suits. And you had to noticed. Ruiz Food Products, with the vision of could reach a settlement to get a share of be very rich to have owned anything of that individuals such as Fred Ruiz, has clearly Pernod Ricard’s profits from sales of Havana value in Cuba in 1959. If you were a Cuban forged the strategic partnerships with private Club internationally. butcher, baker or candlestick maker, too These agreements do not need the blessing bad. This bill is not for you. industry councils necessary to lift up, in an era of the U.S. government. This is the million What could be more useful to Castro in his of downsizing, a sometimes discouraged work dollar loophole in Helms-Burton. The bill efforts to shore up his standing with the force. My hat's off to them since America is a states: ‘‘an action [lawsuit] . . . may be Cuban people? The spectacle of the U.S. Con- better place for their efforts. Many of the brought and may be settled, and a judgment gress kowtowing to these Batista-era planta- unique and compassionate programs they rendered in such action may be enforced, tion owners and distillers provides Fidel his have developed, such as on-site education without the necessity of obtaining any li- most effective propaganda weapon since the and literacy enhancement centers, strike a Bay of Pigs debacle. Castro surely knows cense or permission from any agency of the ringing cord of commitment in a society in- United States.’’ that the overwhelming majority of the What will be the practical result? Foreign Cuban people—60 percent of whom were born creasingly silent on these matters. Mr. Speak- companies like Pernod Ricard and British- after 1959—would deeply resent what can be er, I would like to extend the recognition of American Tobacco are unlikely to abandon characterized, not unfairly, as an attempt to this Congress to Ruiz Food Products' recent viable operations in Cuba because of a law- confiscate their properties and revert control job well done. March 5, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 273 INTRODUCTION OF THE OWENS the over 120,000 Japanese-Americans in- ends, so may their contact with the health RIVER VALLEY ENVIRONMENTAL terned at 10 sites throughout the United care system. Yet women's health needs do RESTORATION AND MANZANAR States. not end at menopause; in fact, they often in- LAND TRANSFER ACT OF 1996 The National Park Service determined in the crease. 1980's that of the 10 former internment This legislation would enable clinics to pro- HON. JERRY LEWIS camps, Manzanar was best suited to be pre- vide a continuity of service from the reproduc- tive years through the menopausal years. It OF CALIFORNIA served and to thus serve as a reminder to would help clinics offer services and train pro- IN THE HOUSE OF REPRESENTATIVES Americans of the glaring violation of civil rights that the internment represented. As a result, fessionals in mid-life issues such as meno- Tuesday, March 5, 1996 the Congress passed legislation in 1992 to es- pause, hormone replacement therapy, Mr. LEWIS of California. Mr. Speaker, today tablish a National Historic Site at Manzanar. hysterectomy, and cancer screening/preven- I join my colleague, BOB MATSUI, in introducing The legislation that Mr. LEWIS and I are in- tion. And it would provide funds to help train the Owens River Valley Environmental Res- troducing will allow us to finish the process of clinic staff about issues affecting older and toration and Manzanar Land Transfer Act of creating the Manzanar National Historic Site. mid-life women. 1996. The bill will make it possible for the Federal The bill also would help improve outreach This legislation releases outdated watershed Government to obtain the Manzanar site services to low-income women in such areas withdrawals on lands managed by the Bureau through a land exchange with the Los Angeles as heart disease, breast cancer, and of Land Management [BLM] in order to ac- Department of Water and Power [LADWP], osteoporosis. Information and education are quire land for the Manzanar Historic Site which currently owns the property. LADWP re- urgently needed for these women. While both which is managed by the National Park Serv- cently reached an agreement with the National breast and cervical cancer increase with age, ice [NPS]. Lifting these outdated withdrawals Park Service, the Bureau of Land Manage- disproportionately fewer low-income women are necessary to facilitate land exchanges be- ment, and Inyo County that identifies a land over age 40 have had a clinical breast exam tween the BLM and the Los Angeles Depart- exchange that can occur rapidly once our leg- and mammogram; the figures for pap smears ment of Water and Power [LADWP] and Inyo islation is passed. I commend these parties, are even more dismal. County, CA. The Manzanar site is currently as well as the Manzanar National Historic Site Menopause is a confusing time for many owned by LADWP. This legislation also makes Advisory Commission and the Japanese- women, especially those who do not have the other lands in the area available for the long- American community, for their work in bringing resources to differentiate between medical term community expansion and other uses as us to this stage in the process. I also deeply facts, harmful stereotypes, and lore. This leg- identified in the BLM's Bishop Resources appreciate the commitment of my colleague, islation would fight misinformation with accu- Management Plan. JERRY LEWIS, to this effort. rate information and services specifically relat- This legislation is necessary to carry out the In 1988, the Congress passed legislation to ed to menopause. intent of Public Law 102±248 which estab- make redress for the suffering that Japanese- I urge my colleagues to support this much- lished the Manzanar National Historic Site to Americans endured as a result of the intern- needed approach to preventative health care provide for the protection and interpretation of ment. In addition to directing an official apol- for women. the historic, cultural, and natural resources as- ogy by the Federal Government and symbolic f sociated with the relocation of Japanese payments to Japanese Americans that were NATIONAL SPORTSMANSHIP DAY Americans during WW II. interned, the bill included efforts to educate Further, this legislation will allow an innova- Americans about the internment. In many HON. JACK REED tive and unique environmental restoration ways, this final aspect of redress is the most OF RHODE ISLAND project to move forward. The intent of this en- important. It is essential that we instill in our IN THE HOUSE OF REPRESENTATIVES vironmental restoration project is to revive 60 citizens a high level of public awareness about miles of the Owens River Valley in Inyo Coun- the internment, so that our country never Tuesday, March 5, 1996 ty, CA. This project will lead to increased wet- again makes such a terrible mistake. Creation Mr. REED. Mr. Speaker, I rise in honor of lands, riparian areas and wildlifeÐincluding of a national historic site at Manzanar clearly National Sportsmanship Day, which is being fish and waterfowl. This restoration project is will make an important contribution to this ef- observed today in the United States and another step in the ongoing and positive rela- fort. I urge my colleagues to support this bill, throughout the world. Since its inception in tionship which has developed between Inyo so that we can quickly make the Manzanar 1991, over 7,000 schools in all 50 States and County and LADWP. National Historic Site a reality. 48 countries have joined in the National The development of this legislation was a f Sportsmanship Day festivities. process which involved active participation National Sportsmanship Day was conceived from local citizens in Inyo County, the Inyo THE POSTREPRODUCTIVE HEALTH by the Institute for International Sport, located County Board of Supervisors, officials from the CARE ACT in my congressional district at the University of BLM and the Park Service, LADWP and Japa- Rhode Island. This year's slogan, ``Dare to nese-American community. Mr. MATSUI and I HON. PATRICIA SCHROEDER Play Fair,'' challenges athletes, coaches, ad- look forward to swift consideration of this im- OF COLORADO ministrators, and parents to reflect on the true portant measure by our colleagues on the IN THE HOUSE OF REPRESENTATIVES meaning of competition and to discuss the im- portance of ethics and fair play in sport, the House Resources Committee and expedited Tuesday, March 5, 1996 consideration by the full House. classroom, and everyday life. f Mrs. SCHROEDER. Mr. Speaker, today I The institute has enlisted the help of several and my colleagues, Congresswomen WATERS, Sports Ethics Fellows, including two time Bos- THE OWENS RIVER VALLEY ENVI- NORTON, WOOLSEY, and JACKSON-LEE, are re- ton Marathon winner and Olympic gold medal- RONMENTAL RESTORATION AND introducing the Postreproductive Health Care ist Joan Benoit Samuelson, to promote this MANZANAR LAND TRANSFER Act. This is a bill that former Representative event. These men and women are wonderful ACT OF 1996 Marilyn Lloyd introduced in the previous Con- role models who can be admired for more gress to address the all-too-often ignored than just their athletic prowess. They have HON. ROBERT T. MATSUI health care needs of older women. consistently demonstrated an interest in fur- OF CALIFORNIA This legislation directs the Secretary of thering the principles of honesty and integrity IN THE HOUSE OF REPRESENTATIVES Health and Human Services [HHS] to provide in sport and society. grants to health clinics serving women so they Indeed, the Sports Ethics Fellows are help- Tuesday, March 5, 1996 can develop programs to meet the unique ing to teach the important lessons of National Mr. MATSUI. Mr. Speaker, I am pleased to needs of mid-life and older women. Sportsmanship Day by writing articles relating join my colleague JERRY LEWIS in introducing Most clinics devote the majority of their re- to sportsmanship and assisting in the develop- legislation that would allow the Federal Gov- sources to serving young women in their re- ment of programs for National Sportsmanship ernment to rapidly obtain the lands designated productive years, providing family planning Day. Through competition, young athletes can as the Manzanar National Historic Site. and prenatal care services. For some women, learn that while winning is a goal worth work- During World War II, 11,000 Japanese- this is their only contact with the health care ing for, honor, discipline, and hard work are Americans were held at the Manzanar Intern- system. As these women age and their need more important. These values will guide them ment Camp. These individuals were some of for reproductive and childbirth-related care in all aspects of everyday life. E 274 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 1996 Mr. Speaker, I ask my colleagues to join the Americans would not be able to enjoy the COMMENDATION FOR JAMES A. President's Council on Physical Fitness and blessings of our country without the tireless HENWOOD ON HIS RETIREMENT Sports and the Rhode Island congressional dedication of those who have the talent and FROM THE PHILADELPHIA PO- delegation in recognizing this day and the willingness to work for the community. It is for LICE DEPARTMENT principles it embodies. this reason we owe a special debt of gratitude f to people like Carolyn, who had done an out- HON. ROBERT A. BORSKI standing job as grants administrator. Whether OF PENNSYLVANIA TRIBUTE TO MORTON GOULD it was her activism in establishing 911 in the IN THE HOUSE OF REPRESENTATIVES area or her involvement in numerous business Tuesday March 5, 1996 HON. HOWARD L. BERMAN and housing programs, Carolyn Lineback has Mr. BORSKI. Mr. Speaker, I rise today to OF CALIFORNIA shown an impressive dedication to the causes pay tribute to one of Philadelphia's finest po- IN THE HOUSE OF REPRESENTATIVES of public service, public health, and public safety. lice officers, and a good friend of mine, James Tuesday, March 5, 1996 A. Henwood, on the celebration of his retire- Mr. Speaker, we have often heard that Mr. BERMAN. Mr. Speaker, almost 1 year ment from the force on January 26, 1996. America works because of the unselfish con- Jim was born in Philadelphia on January 27, ago I extended my congratulations to Morton tributions of her citizens. I know that Ohio is Gould who was honored with the 1995 Pulitzer 1949, to Emile and Eunice Henwood. He was a much better place to live because of the educated throughout his young life in Philadel- Prize for music composition. Sadly, Mr. Gould dedication and countless hours of effort given passed away on February 21, and today I phia, graduating from Good Shepherd Grade by Carolyn Lineback. While she may be leav- School, West Catholic High School, and the wish to pay tribute to him. ing her official capacity, I know she will con- Mr. Gould was one of the century's most prestigious Saint Joseph's College, where Jim tinue to be actively involved in those causes earned a bachelor of science degree in his- celebrated American composers and conduc- dear to her. tory. tors, whose career spanned eight decades. A I ask my colleagues to join me in paying a Mr. Henwood joined the Philadelphia Police child prodigy, he composed and published his special tribute to Carolyn and wishing her, her Department on June 21, 1971. Upon gradua- first work at the age of 6, and was a pioneer husband Richard, their children Lyn and Anne tion from the police academy in September of live radio broadcasts at the age of 21, as and their families, all the best in the years 1971, he proudly served the community of the the star, host, and conductor of long-running ahead. 26th district for 3 years, earning merit com- radio programs on the Mutual and CBS Radio mendations for 1973 and 1974. Promoted to Networks. f detective in 1974, Jim served briefly in the His compositions explored and elevated all TRIBUTE TO JOSE JOSE east detective district, and later moved to the aspects of American style by integrating folk, northeast detective district, again being award- blues, jazz, gospel, and other elements of ed commendations every year from 1974 to music. Orchestras throughout the United HON. SOLOMON P. ORTIZ 1981. States and the world have performed his com- OF TEXAS Mr. Henwood was promoted to sergeant in positions and they have been enjoyed by all. IN THE HOUSE OF REPRESENTATIVES 1981, and to Lieutenant of the major crimes He has been honored with numerous Tuesday, March 5, 1996 division in 1985. Six months later, he was awards including a Grammy award and 12 moved to the homicide division of the police Grammy nominations, the 1985 Medal of Mr. ORTIZ. Mr. Speaker, I ask that the department. Serving as lieutenant of homicide Honor for Music from the National Arts Club, House commend today a great Mexican pop division from 1986 to 1989, Jim faithfully com- and the Kennedy Center Honor in 1994 for a singer, Jose Jose. Jose Jose is to Hispanic manded a platoon of 15 detectives with city- lifetime of contributions to the performing arts. music lovers throughout the United States and wide responsibilities to investigate all homi- He also served on the board of directors of Latin America what Frank Sinatra is to many cides, suspicious deaths, and police-involved ASCAP for over 36 years and was its presi- 1950's music fans. shootings. dent from 1986 to 1994. Jose Jose is a crooner who has enthralled In 1989, Jim was appointed to be the ad- Morton Gould was not just a wonderful mu- Spanish-speaking audiences with his sweet, ministrative lieutenant for the 5th police dis- sician, he was also a warm and humorous gentle manner. He is stylish and elegant, and trict, where he directed the administrative, man. I enjoyed working with him over the his voice conveys a passionate blend of anticrime, and community relation functions of years, and am saddened by his loss. I offer strength and vulnerability. the 5th district and managed a staff of over my most sincere condolences to his family. He was born Jose Romulo Sosa Ortiz in 100 officers. Mr. Gould's memory and spirit will forever live February of 1948 and first appeared on the Finally, in 1994, Mr. Henwood was selected on in his music. music scene in Mexico in the late 1960's. His to be the commanding officer for the court liai- f commercial success in music, however, did son unit, where he directed a multi-faceted not come until the 1970's. He was the first unit, consisting of 70 police officers, civilian TRIBUTE HONORING CAROLYN Latino artist in the United States to sell over clerks, and supervisors, to interact with the LINEBACK ON THE OCCASION OF 1 million albums. Philadelphia District Attorneys Office, munici- HER RETIREMENT In the 1990's, after years of stardom, Jose pal, common pleas and Federal court systems struggled publicly with a divorce and a bout and ensure the successful prosecution of HON. PAUL E. GILLMOR with alcoholism. But, he was sustained during criminal cases and civil litigation. OF OHIO this time by the love and kindness of his fam- Jim Henwood's accomplishments as a dedi- cated and valiant officer of the Philadelphia IN THE HOUSE OF REPRESENTATIVES ily, friends, and a faithful public. Last year he triumphed over the difficulties in his life, and Police Department have earned him well-de- Tuesday, March 5, 1996 used his experiences to communicateÐ served respect and praise from his peers. I Mr. GILLMOR. Mr. Speaker, I rise today to through musicÐthe pain and agony of life. join his wife, Maureen, his children, Jimmy, pay tribute to an outstanding public servant in Songs full of candor describe his long climb Jessica, Brian, and Megan, as well as the rest northwest Ohio. On March 8 of this year, back from the pain of chemical dependency of his family and friends in wishing him an en- Carolyn Lineback, the grants administrator for and divorce. His new songs are autobiograph- joyable retirement. the city of Bowling Green, will retire. ical, talking about relationships, of losing f Carolyn can look back on her career with someone and finding a way back. Some of his IN HONOR OF JOHN NICARETTA: A great pride. During her tenure she researched emotional songs include ``El Triste'' (The Sad DISTINGUISHED GENTLEMAN and wrote successful grants in excess of $10 One), ``Promesas'' (Promises), and ``Re- NAMED MAN OF THE YEAR million to the city. By working in close associa- flexiones'' (Reflections). tion with numerous Federal and State agen- But Jose Jose does not dwell on sadness. cies, including the Federal Housing and Urban Some of his greatest hits, including ``Gavilan o HON. ROBERT MENENDEZ OF NEW JERSEY Development Department, the Ohio Depart- Paloma'' (Hawk or Dove), speak to facing IN THE HOUSE OF REPRESENTATIVES ment of Transportation, and Ohio Department challenges and making the right choices. of Natural Resources, she has literally im- I hope my colleagues will join me today in Tuesday, March 5, 1996 proved the lives of all the residents of Bowling commending Jose Jose for his lasting musical Mr. MENENDEZ. Mr. Speaker, I rise today Green. talent. to pay tribute to a distinguished gentleman, March 5, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 275 John Nicaretta, who was named man of the President Clinton’s immediate response is when she played a tape in which the Cuban year by the Bayonne Chapter of UNICO. He to slink off and ask the United Nations to do pilots expressed joy about their success and was honored at a black tie dinner dance at the something. By Sunday evening, the Security made crude remarks about their victims. Council is meeting in closed session. Cuba At one point, one of the fighter pilots Richfield Regency in Verona on Saturday, asks for more time to give its version of the radioed that the target was in sight and that March 2. event. The question of whether the United it was a small plane. Ground control ac- Saturday's festivities celebrated the many States would respond unilaterally seemed to knowledged that it was a ‘‘small plane.’’ The contributions made by Mr. Nicaretta to his be on hold. pilot identified the plane as a Cessna 337. An family, country, and community. Being 1 of 12 Monday, Clinton belatedly came through. order came back: ‘‘Authorized to destroy.’’ children, family holds a prominent place in the He halted charter air travel between Cuba Ms. Albright said she was ‘‘struck by the life of Mr. Nicaretta. While attending Bayonne and the mainland, places further restrictions joy of these pilots as they committed cold- Technical High School, he helped his parents on the movements of Cuban diplomats in the blooded murder.’’ Her fellow Security Coun- United States and threw his support to pend- cil members, however, showed little outrage. by doing odd jobs before and after class. As ing legislation to tighten U.S. sanctions This should be a lesson to the administra- a young adult, Mr. Nicaretta worked in the against the island nation. He also allowed tion. There may be times when the United kitchen of Balbo's Riviera Restaurant which frozen Cuban assets to be used to help the Nations serves a purpose. But certainly there was run by his family. On November 12, 1955, families of the victims. are other times—and this was one—when the our honoree married Helen Dragshchuk. The But even as Clinton acted, the effective- United States has better things to do than union produced two children Catherine and ness of his previous policies toward Castro solicit an expression of support from the John. In 1970, Mr. Nicaretta established came under scrutiny. Under Clinton, travel United Nations. Nicaretta Construction Co. with his brother between Cuba and the mainland had become f easier. Telephone links were established. Gino. U.S. businesses encountered less resistance THE IMPACT OF FAMILY Duty to his country has played a significant from their own government in establishing PLANNING CUTS role for Mr. Nicaretta. He enlisted in the U.S. contacts with the Cubans—indeed, when a Army in July 1951 at which time he attended move originated in Congress to punish them basic infantry training and cooking school at for doing business on the island, Clinton was HON. CONSTANCE A. MORELLA Fort Dix, NJ. The following January Mr. against it. OF MARYLAND Nicaretta was sent to Korea where he was When Castro wanted to attend the U.N. an- IN THE HOUSE OF REPRESENTATIVES promoted to mess sergeant for the 151st niversary celebration in New York City, the Tuesday, March 5, 1996 U.S. government did not stop him. Moreover Combat Engineers Headquarters Co., I Corp the U.S. government had urged Brothers to Mrs. MORELLA. Mr. Speaker, I would like to Division. Previous experience with his family's the Rescue pilots not to fly into Cuban air express my dismay and disappointment with restaurant assisted Mr. Nicaretta in prepara- space during their flights to spot refugees at recent legislation that devastates international tion of meals for 300 men per day. sea and notify U.S. authorities—a warning family planning programs. Community involvement has been a consist- that the Brothers ignored when they dropped Although this is not an abortion issue, we ent theme in Mr. Nicaretta's life. Through the leaflets on Cuban cities, urging that Castro be overthrown. have opted to treat it like one. People on both construction company, he started with his ends of the abortion issue spectrum have ar- brother, Mr. Nicaretta contributed to a number U.S. concessions made no more impression on Fidel Castro than they did on Gerry gued that they want to strengthen the family, of community oriented endeavors. His dona- Adams, apparently. A few days earlier, it yet the impact of these funding cuts will result tion to the ``Adopt-A-School Program'' of Ba- was the Irish Republican Army that repaid in millions of couples losing contraceptive yonne helped design two programs at the hopeful concessions with unspeakable vio- services, millions of unwanted pregnancies, John Bailey School to promote reading and lence. Clinton had given the IRA and its and inevitably millions of abortions. In addition, student recognition. Also benefiting from Mr. Sinn Fein partners a claim to respectability this funding cut will stymie maternal and infant Nicaretta's generosity has been Boy Scout by inviting Adams to be a guest in the White House. The naivete of that approach became health programs, as well as education about Camp Louis and the ``Cleaner and Greener sexually transmitted diseases/HIV, around the Project,'' which plants trees in Hudson County clear when the IRA went back to its old practice of planting bombs where dozens of world as agencies shuffle what little appropria- Park. Among the numerous organizations to innocent people were likely to be injured. tions they have. which he belongs are the Assumption Catholic The intentional destruction of unarmed This is not the way to promote the family. War Veterans, Bayonne Chamber of Com- airplanes was once considered an act of war. The Washington Post published a Judy Mann merce, Sons of Italy and the Bayonne Sicilian As Patrick Buchanan said Sunday, this was column February 2 which addresses these Citizens Club. Mr. Nicaretta is an active mem- murder. U.S. citizens, flying the small devastating cuts. I submit for the consideration planes, were the victims. Clinton was too ber of Our Lady of the Assumption Parish of my colleagues. where he volunteers his time and talents. quick, in our opinion, to turn to the United Nations. This attack endangers the peace of [From the Washington Post, Feb. 2, 1996] It is an honor to have such an outstanding the Caribbean and is accordingly, America’s EXTRACTING THEIR POUND OF FLESH and caring individual residing in my district. business. (By Judy Mann) John Nicaretta is a dedicated community lead- er. I am certain my colleagues will join me in Congressional opponents of family plan- [From the Omaha World-Herald, Feb. 28, ning scored a major victory last week by recognition of this well deserved honor. 1996] passing legislation that will strangle U.S. f U.N. RESPONSE TO CUBA TOO TIMID support for international contraceptive serv- The Clinton administration unnecessarily ices. CUBAN ATTACK humbled itself by going hat in hand to the Led by House Republicans and backed by United Nations after Cuba’s air force used the Christian Coalition and other right-wing HON. DOUG BEREUTER missiles to shoot down two American-based, groups that oppose abortion, these efforts small civilian planes. The incident need not ironically will lead to an additional 200,000 OF NEBRASKA have required a finding by an international illegal and unsafe abortions, according to IN THE HOUSE OF REPRESENTATIVES body that Cuba was wrong. That was self-evi- Nils Daulaire, deputy assistant adminis- Tuesday, March 5, 1996 dent. It required only an appropriate U.S. re- trator for policy and child health policy ad- sponse, firm and prompt. viser at the U.S. Agency for International Mr. BEREUTER. Mr. Speaker, this Member As it turned out, the U.N. response was Development. commends to his colleagues two important minimal and perfunctory. The United States Damage to family-planning programs will editorials which appeared in the Omaha had requested a formal resolution, condemn- be far more extensive than it appeared from World-Herald on February 27 and February ing the assault. Instead, it received a ‘‘presi- early news reports about the temporary 28, 1996. dential statement,’’ which required no vote budget agreement. The legislation will de- and which deplored rather than condemned. crease by 35 percent the amount of money [From the Omaha World-Herald Feb. 27, 1996] To their credit, the drafters of the statement available to spend on international family- CUBAN ATTACK IS U.S. BUSINESS; CLINTON mentioned that international covenants ban planning programs—that is, it will cut the TOO QUICK TO CALL IN U.N. the use of weapons against civilian aircraft. budget by nearly $200 million. USAID will Saturday, Feb. 24, 1996. Two American- But any outrage was muted. Diplomats not be permitted to spend any of its appro- based civilian aircraft, belonging to a Cuban said there was no support for punitive action priation for family planning until July 1, exile group called Brothers to the Rescue, against Cuba. nine months after the start of the fiscal are blasted out of the sky by Fidel Castro’s Madeleine Albright, the U.S. ambassador year, which, in Daulaire’s words, will cause a warplanes. Four people are missing and pre- to the United Nations, called attention to ‘‘tremendous disruption in services.’’ It is sumed dead. the heinousness of the Cuban barbarism the only international assistance program E 276 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 1996 that is restricted in this way. After July 1, TRIBUTE TO CHARLES A. WALTON, And American citizens and businesses will spending cannot exceed 6.7 percent per SR. not tolerate big brother holding the keys to month of the total appropriated, which their private and proprietary information. means that only a small amount of the American consumers are demanding infor- whole will actually be spent before Oct. 1, HON. ANDREW JACOBS, JR. when a new fiscal year begins. OF INDIANA mation security and are getting it. Without se- Daulaire projects that as many as 5,000 IN THE HOUSE OF REPRESENTATIVES curity features, the innovative content, elec- more women will die over the next year as a Tuesday, March 5, 1996 tronic commerce, and enhanced communica- result of unsafe abortions and mistimed tions capabilities necessary to make the devel- pregnancies, and that roughly 500,000 addi- Mr. JACOBS. Mr. Speaker, the following opment of the GIIÐglobal information infra- tional births will result, putting further obituary appeared in the Indianapolis Star on structureÐa success simply will not occur. stress on child-survival programs that are February 20, 1996. It should have been de- Current law allows Americans to utilize any strained already. Further, he says, the layed for at least 30 more years. level of encryption that innovative minds can piecemealing restrictions imposed by Con- Charlie Walton was one of God's noble- develop, but the administration wants to gress will increase administrative costs by menÐundoubtedly still is now that he is in the change that. They want to use export controls four to five times, costing U.S. taxpayers arms of the Almighty for eternity. $750,000 to $1 million more. Obituaries tend to be rather sterile. Just the as a back door approach to controlling the use Most of the campaign against family plan- facts. Here is another fact, Charlie Walton was of encryption here at home. ning has been carried out in the guise of pre- The administration has proposed allowing one of the brightest and gentlest people who venting U.S. foreign aid funds from paying the export of products with strong security fea- ever lived. His death leaves an enormously for abortions, although that practice has tures but only if key escrow is built in. If this lonesome place in Indianapolis. been banned since 1973. This current fight does not work, administration officials have [From the Indianapolis Star, Feb. 20, 1996] began last year when House Republicans said they will seek legislation forcing Ameri- voted for a measure sponsored by Rep. Chris- CHARLES WALTON SR., ATTORNEY, EX-CENTER topher H. Smith (R–N.J.) that would have TOWNSHIP TRUSTEE cans to use only encryption to which the Gov- prevented any foreign nongovernmental or- Charles A. Walton Sr., 59, an Indianapolis ernment has access. We are here to tell the ganization from receiving any U.S. family- attorney and former Center Township trust- administration not to bother. We reject that so- planning money if it attempted to provide ee, died Feb. 19. lution as a big Government answer to a Big information about abortion or lobby its own Services will be at 1 p.m. Feb. 22 in Stuart Government problem. It completely ignores government to change regulations regarding Mortuary Chapel, with calling from 11 a.m. consumer privacy and security. abortion. The Senate refused to go along Burial: Crown Hill Cemetery. While we recognize the concerns of law en- He was elected interim trustee in 1986 by with the Smith language, the White House forcement officials who want to preserve sur- said it would veto any bill with this lan- Democratic precinct committeemen to fill guage, and a stalemate on the whole foreign the unexpired term of the late Benjamin veillance capabilities, the technology genie is aid package ensued. Osborne. Mr. Walton, a controversial figure, clearly out of the bottle. The administrations' Pressure to get a foreign operations appro- subsequently was denied the nomination for ``64-bit key escrow'' policy ignores the realities priation bill mounted steadily after Oct. 1, a four-year term by party officials despite of today's marketplace and the technology when checks to Israel and Egypt weren’t de- support from the precinct committeemen. which abounds. Criminals and terrorists are livered, foreign aid missions weren’t getting He was an attorney 36 years with several not always stupid, they are going to use the firms, including Walton and Pratt, which he their funding, their contractors weren’t highest security to communicate and conspire being paid and population programs weren’t helped start in 1992 with a daughter, a son and son-in-law. that is technologically available. Terrorists will being funded at all, according to Victoria not buy American just because of it's PC. Markell, vice president of Population Action Mr. Walton was elected to the Indiana Gen- International, a nonprofit, research-based eral Assembly in 1964. He was also a former There are currently over 500 foreign prod- advocacy organization that receives no fed- deputy prosecuting attorney for Marion ucts and programs with strong encryption ca- eral funding. County and an Indianapolis city attorney. pabilities available in the world marketplace. He was an unsuccessful candidate for The Smith language was cut out of the These are products that U.S. companies can mayor of Indianapolis in 1987. final bill last Thursday in the face of grow- He was a member of Metropolitan Baptist not even export. Some of them are here on ing public outrage over the prospect of yet Church; National, American, Indiana, Indi- display. These products are being produced another government shutdown. ‘‘The anapolis and Marion County bar associa- and sold by foreign companies and can be ideologues had to come up with some formu- tions; and a life member of the NAACP. downloaded on the Internet and used any- lation that will restrict population-planning He was a graduate of Morehouse College where in the world. spending as much as they could,’’ Markell and Indiana University School of Law, Indi- says. Neither the Senate nor the White An economic study released in December anapolis. Memorial contributions may be by the Department of Commerce dem- House wanted the blame for another govern- made to the Indianapolis Morehouse College ment shutdown. Alumni Association Scholarship Fund, in onstrates that failure to address these export ‘‘It’s such an attack on women and chil- care of Walton and Pratt law firm. controls by the year 2000Ð4 years from dren,’’ Markell says. ‘‘How in the world can Survivors: wife Joan Blackshear Walton; nowÐwill cost the U.S. economy $60 billion you pretend to care about child survival children Charles A. Jr., John C. Walton, Mia- and 200,000 jobs. The administration's pro- when we know that women and mothers are Lon Washington, Tanya Walton Pratt; sis- posed policy would be yet another blow to the going to die without access to family plan- ters Adell Van Buren, Johnnie Marie Cliff; U.S. computer industry. It is time we gave our ning?’’ She cites a World Health Organiza- four grandchildren. companies the ability to compete rather that tion statistic that 90 percent of children in f developing countries who lose their mothers giving foreign competitors the advantage. in delivery will die by their first birthday. INTRODUCTION OF SAFE: THE SE- Therefore, our bill will do four things: ‘‘We know that if women have fewer chil- CURITY AND FREEDOM THROUGH Continue to ensure that all Americans have dren, the children they have live longer and ENCRYPTION ACT the right to choose any security system to pro- are healthier and everyone benefits.’’ tect their confidential information. ‘‘One of the key priorities of our family- Prohibit big brother from mandating a back planning program is to reduce abortions HON. BOB GOODLATTE door into people's computer systems. OF VIRGINIA worldwide,’’ Daulaire says. Yet, when it be- Make it unlawful to use encryption in the IN THE HOUSE OF REPRESENTATIVES came clear that the Smith language gutting commission of a crime or to willfully coverup family-planning services would not pass, Tuesday, March 5, 1996 ‘‘they decided that the way to extract a cost a crime. was by severely restricting AID’s ability to Mr. GOODLATTE. Mr. Speaker, today, I am Allow the U.S. computer industry to export provide family-planning services around the pleased to introduce the Security and Free- generally available software and hardware if a world. They understood very clearly that dom Through Encryption Act. The SAFE Act. product with comparable security is commer- this language would mean not just a 35 per- Twenty-seven of my colleagues in the House cially available from foreign suppliers. cent reduction in funding but was really join me as cosponsors of this important legis- U.S. software companies, world leaders in much harsher.’’ lation. We joint Senators LEAHY and BURNS in cutting edge technology, must have the free- What is clear from this exercise is that the this bipartisan initiative which is intended to dom to develop products with strong security conservative Christian bloc of House Repub- licans is targeting international contracep- send the administration two loud and clear features which meet computer user demands tive and family-planning services, not just messages: and privacy concerns in the United States and abortion services. And the people who will Our antiquated export restrictions are out of abroad. Mr. Speaker, this is a bipartisan effort suffer are women and children in the poorest step with today's technology and must be that I urge of all my colleagues to join and parts of the world. Is that the Christian way? brought into the information age; and support. March 5, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 277 The original cosponsors are Representa- Americans run their own newspapers, tele- Women's Day has over the past 85 years in- tives DELAY, BOEHNER, MOORHEAD, SCHROE- vision and radio programs. They do not want spired many young women to better under- to be stereotyped. They want to maintain DER, GEJDENSON, MANZULLO, COBLE, BARR, stand their working futures in a global context. their identity. BONO, LOFGREN, CAMPBELL, ESHOO, DOO- ‘‘The black press has been an institution in On Thursday evening, Mr. Speaker, a public LITTLE, FARR, MCKEON, ENGLE, WALDHOLTZ, our community for hundreds of years. We event will be held at Rutger's Cook Campus EWING, MICA, CHAMBLISS, EVERETT, EHLERS, support our own media, tell our own story. Center to offer awards to those selected from ORTON, MATSUI, BOUCHER, CHABOT, and It’s a historical fact that the general media over 400 student essays collected from MOAKLEY. doesn’t represent us,’’ said Mark Kimber, throughout New Jersey. This is a special Mr. Speaker, I would like the text of my leg- publisher of the California Advocate news- evening and will help start International Wom- islation reprinted in the RECORD. paper in Fresno, a weekly publication that en's DayÐNew Jersey, as each awardee and has served the African-American community f for almost 29 years. It has 22,000 paid sub- presenter will help to inspire the goals of Inter- IN SUPPORT OF FREEDOM OF THE scribers. national Women's Day. PRESS Kimber said that many times when the Mr. Speaker, I rise today to offer a special mainstream media show African-Americans, congratulations to International Women's they are being arrested. He said his news- DayÐNew Jersey on their achievement of be- HON. GEORGE P. RADANOVICH paper tries to highlight the accomplishments coming the first State to plan a statewide cele- of African-American lawyers and doctors. OF CALIFORNIA bration in schools and universities this Friday, IN THE HOUSE OF REPRESENTATIVES Bee Vang, an anchor for Asian Broadcast- ing, which airs Hmong-language programs on March 8, 1996. Tuesday, March 5, 1996 local television stations, knows Kimber’s It is truly commendable that New Jersey has Mr. RADANOVICH. Mr. Speaker, as an avid frustration. so many leaders committed to making an im- ‘‘[The mainstream media] usually rep- portant event, such as International Women's believer in the Constitution of the United resent the worst side of the Hmong,’’ he said. States of America, I take particular pride in the That does not mean journalists in the mi- DayÐNew Jersey, a vivd reality. To know that diversity of our people and those who make nority media represent their communities in this event will be celebrated in every school use of the powers vested in our Constitution to a positive light only, he and others said. district in each of New Jersey's 21 counties is make this country great. Vang said the Hmong program last year remarkable and I hope each individual can There are several people in my district who aired the story regarding the rape of a girl take the important lessons from these events. share in my desire to keep the minority com- by Hmong youths, for example. ‘‘The thing is, we talk to the leadership of Mr. Speaker, we do not always have the op- munity informed about issues at home and the community,’’ he said. ‘‘Say we do a story portunity to honor an organization with such a abroad. People such as Bee Vang, who in- and we talk to leaders to ask them how the rich history of progressive thought and I am so terned in my office last summer, is now the [Hmong] culture is affected—then there’s proud to be able to recognize their achieve- anchor of Hmong TV USA and Uniting Hmong less of a negative response [to the story].’’ ments today. Radio. Rafael Hernandez, El Grafico news- Rafael Hernandez, director of El Grafico, a International Women's Day will be an un- paper director, keeps the Hispanic community Spanish-language weekly in Fresno, said his newspaper is not afraid to go after anyone— qualified success and I am proud to have had abreast of issues with his weekly newspaper. the distinct pleasure of supporting this initiative Harout Sassounian, who has many ties with even if they are Hispanic. About 20,000 copies of the newspaper are distributed at no charge throughout our State and nationally. the large Armenian-American population in the in Fresno. district, is the publisher of the California Cou- ‘‘We’re not like big newspapers who are f rier in Glendale, CA. Finally, there is Mark afraid of lawsuits. * * * We write what the Kimber, who has made the California Advo- people want,’’ he said. IN RECOGNITION OF THE HIA- cate a reputable publication in Fresno for Harut Sassounian, publisher of the Califor- LEAH-MIAMI LAKES ADULT EDU- nearly three decades. nia Courier, a 38-year-old English-language CATION CENTER VOLUNTEERS Armenian newspaper, said minority-run Recently there was an article in The Fresno newspapers serve a special role. Bee, the leading newspaper in my congres- The California Courier was published in HON. LINCOLN DIAZ-BALART sional district, in which the writer, Karla Fresno until 1988 and is now in Glendale. It Bruner, wrote about the minority media, and has 3,000 paid subscribers. OF FLORIDA its impact on the 19th Congressional District. He said minority-run newspapers are like IN THE HOUSE OF REPRESENTATIVES Her Journalistic talents and keen awareness the ‘‘village newspaper that is read by every- body.’’ Tuesday, March 5, 1996 of minority communities in the district make ‘‘The Fresno Bee and New York Times her account all the more informative. aren’t going to take a political position on Mr. DIAZ-BALART. Mr. Speaker, I rise today The press has played an important part in every Armenian issue and people want direc- to pay tribute to staff and volunteers at the shaping our history and our great Nation. I sa- tion,’’ he said. Hialeah-Miami Lakes Adult Education Center lute the above mentioned people for their valu- f and to recognize their considerable accom- able contributions to the 19th District. I take plishments. pleasure in sharing the following article by INTERNATIONAL WOMEN’S DAY— The Hialeah-Miami Lakes Adult Education Karla Bruner for the Fresno Bee: NEW JERSEY Center is guided by the leadership of Principal MINORITY MEDIA OUTLETS STRIVE TO TELL Robert P. Villano and Assistant Principal Mar- THEIR SIDE OF THE STORY HON. FRANK PALLONE, JR. tin D. Simonoff. The backbone of the adult A handful of racial and ethnic groups in OF NEW JERSEY education center, however, is composed by Fresno are practicing freedom of the press IN THE HOUSE OF REPRESENTATIVES the numerous volunteers who work so dili- their way. Tuesday, March 5, 1996 gently with the adult students. Frustrated with mainstream media that they believe do not represent their ethnic Mr. PALLONE. Mr. Speaker, I am pleased I would like to mention one of these volun- community well or just do not speak the lan- to pay special tribute today to an important se- teers in particular. His name is Otto Esteire. guage, they have set up their own media ries of events that will take place on Inter- Otto has distinguished himself by his extraor- groups. national Women's Day. International Women's dinary dedication and assistance and is Joining this tradition will be The Hmong scheduled to receive an award from the Office American Times, which will begin publishing Day will be celebrated with great enthusiasm and energy throughout New Jersey on March of Applied Technology, Adult, Career, and Feb. 1. It will replace The Hmong Times, Community Education. which began under another name in 1990. 8, 1996, and I am delighted to be able to help Locha Thao, the newspaper’s new pub- organizers in their goal of recognizing the Mr. Speaker, it is through the hard work of lisher, said he entered the business to help achievements and contributions of working Otto, the other volunteers and staff, that the his community, not to make money. women. Hialeah-Miami Lakes Adult Education Center ‘‘We need voices. We need a newspaper in International Women's Day is one of New is able to assist students of all ages to pre- our own language for the elders to under- Jersey's most exciting community initiatives. pare for the G.E.D. exam, to sharpen their stand,’’ he said. Several thousand subscribers skills in preparation for entering the work are expected to continue paying for the Its New Jersey inception dates back to 1909 newspaper. Other copies are distributed free in Metuchen which is in my Sixth Congres- force, and to encourage them in their efforts to at Hmong stores and businesses. sional District. succeed in their goals. The entire south Flor- Thao echoes one of the main reasons why Created as an opportunity to facilitate dis- ida community is grateful for their contribu- Hmong, Armenians, Hispanics and African- cussions on women and work, International tions. E 278 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 1996 GREEK INDEPENDENCE DAY Lt. Drew Helms grew up in Seattle where he made a positive contribution to the people of learned the importance of service to his fellow Guam through their hard work and dedication. HON. JOHN JOSEPH MOAKLEY man early in life. His parents, Gordon and Tun Pedro, as he was known to his family OF MASSACHUSETTS Peggy Helms, were training to become Salva- and friends, was born on the Island of Saipan IN THE HOUSE OF REPRESENTATIVES tion Army officers and brought Drew and his in 1903. He attended the business program at Tuesday, March 5, 1996 older brother, Paul, along with them as they Sophia University in Tokyo, Japan, at age 17 attended the School for Officers's Training. and returned to Guam in 1925. In 1927, Tun Mr. MOAKLEY. Mr. Speaker, I rise today in Drew grew up in the corps and credited his Pedro married his wife and business partner recognition of the 175th anniversary of Greek parents with teaching him early on to honor for life, Maria Palomo. With only the proceeds Independence Day which will take place on and respect all human life and to dedicate of a $200 loan from the Bank of Guam, the March 25, 1996. It is my pleasure to join the one's life to helping those less fortunate. many friends of Greece and the nearly 3 mil- While still in Seattle, Drew met Nancy Adas began their first business, a grocery lion Greek-Americans living in the United Newbould. After years of friendship and serv- store, in 1938. In 1941 the Japanese invaded States in celebrating the day the Greeks ice together in the Salvation Army, they were our island. The occupying forces confiscated began their long struggle for independence married in 1987 while Drew was a student at all of the merchandise in the Adas' grocery from the Ottoman Empire. Simpson College in San Francisco. In June in store and imprisoned Tun Pedro for a month We must remember that the ancient Greeks 1988, Drew graduated from Simpson with a because he was suspected of being a spy for first developed the concept of democracy and bachelor of arts degree in Christian education. the United States. After the island was liber- many of their philosophies serve as the cor- In 1990 Drew and Nancy, along with their 1- ated by the United States in 1944, Tun Pedro nerstones of our modern democracy. Time year-old son, Nicholas Andrew, entered the was able to reopen his grocery store across has not lessened the wisdom of Aristotle's in- School for Officers' Training as members of the street from the site of his old store. For the sight when he said: the Followers of Jesus Session. In 1992, Drew next 12 years, Tun Pedro continued to expand If liberty and equality, as is thought by his business. some, are chiefly to be found in democracy, and Nancy moved to Honolulu, HI, after re- they will best be attained when all persons ceiving their commissions as lieutenants in the By 1956, the Adas had three grocery stores, alike share in the government to the utmost. Salvation Army. Once there, Drew was ap- warehouses in four villages, and a fleet of 18 March 25 is a day to reflect on these words pointed commanding officer of the Leeward vehicles to haul goods that came into Guam's and remember the courage of the Greeks who Corps. In September of the same year, Drew port. On the advice of his accounting firm, proclaimed their independence on that day in and Nancy's second son, Cameron David was Turn Pedro incorporated his grocery business 1821 and fought bravely for nearly a decade. born. After only a year in Hawaii, the Helms and created Ada's Inc. During the next 15 The belief in democracy and the willingness to family moved to Hayward, CA where Drew years, the Adas continued to expand their sacrifice for it is a common heritage that the served as commander of the Hayward Corps. business to include a bowling alley and sev- people of Greece and the people of the United They served in Hayward together for the next eral office buildings. In 1970, Ada's Inc. States share and is reflected by the contribu- 5 years and had a daughter, Katherine Leigh, teamed up with Chinn Ho, a Hawaiian busi- tions Greek-Americans make nationwide. in May of 1995. nessman, to build Guam's first condominium Lt. Drew Helms was on his way from Hay- While celebrations will take place nation- project, Alupang Cove Condominiums. wide, a very special event is planned for Bos- ward to the corps to participate in a neighbor- ton. My friends at the Federation of Hellenic- hood feeding program when he was involved Tun Pedro and his family worked during the American Societies of New England and the in a fatal automobile accident. He is survived 1970's and 1980's to renovate his various Greek Orthodox Diocese of Boston have orga- by his wife, Nancy; their three children, Nich- properties and to strengthen his company. In nized their 2d Annual Greek Independence olas, Cameron, and Katherine; his parents, May of 1985, Tun Pedro and his wife were Day Parade. It is my great pleasure to recog- Majors Gordon and Peggy Helms; and his both awarded honorary doctorate degrees nize this event and I know it will be another brothers Paul, Derek, and Craig. My thoughts from the University of Guam in recognition of tremendous success. and prayers are with them. their civic and corporate leadership. f Mr. Speaker, I ask that you and my col- Mr. Pedro Ada was a hard-working and gen- leagues join me in honoring the memory of Lt. erous man who was dedicated to Guam. Tun IN MEMORY OF LT. DREW DAVID Drew David Helms. His dedication and com- Pedro had been the chairman of the board for HELMS SEPTEMBER 26, 1962 TO mitment to those less fortunate should serve Ada's Inc., since its beginning. He was also a FEBRUARY 11, 1996 as an example to us all. charter member of the Civilian Advisory Coun- f HON. FORTNEY PETE STARK cil and a member of the Knights of San Syl- IN MEMORY OF PEDRO MARTINEZ vester. Tun Pedro contributed to many char- OF CALIFORNIA ADA ities and organizations on Guam and had es- IN THE HOUSE OF REPRESENTATIVES tablished the Pedro M. Ada scholarship pro- Tuesday, March 5, 1996 HON. ROBERT A. UNDERWOOD gram at the University of Guam. His accom- plishments and contributions to our island will Mr. STARK. Mr. Speaker, I rise today to pay OF GUAM live on for many years to come. Tun Pedro tribute to Lt. Drew David Helms, a man who IN THE HOUSE OF REPRESENTATIVES touched the lives of thousands. Lieutenant passed away on November 14, 1995. I extend Helms was a member of the Salvation Army Tuesday, March 5, 1996 my condolences and the sympathy of the peo- corps in California's 13th Congressional Dis- Mr. UNDERWOOD. Mr. Speaker, I rise ple of Guam to the family of Tun Pedro. Our trict. He passed away on Sunday, February today to share with our Nation the story of a island has been blessed by his life's work, and 11, 1996, as a result of injuries received in an very remarkable man, Mr. Pedro Ada. During we appreciate the many good things he has automobile accident. his lifetime, Mr. Ada, along with his wife Maria, done for Guam. Tuesday, March 5, 1996 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate agreed to Cuban Liberty Act Conference Report. Senate of a transition government leading to a democrat- Chamber Action ically elected government in Cuba. Routine Proceedings, pages S1479–S1536 Pages S1479±S1506, S1510±11 Measures Introduced: Six bills and one resolution Messages From the President: Senate received the were introduced, as follows: S. 1585–1590, and S.J. following messages from the President of the United Res. 50. Page S1516 States: Measures Reported: Reports were made as follows: Received on Friday, March 1, 1996, during the H.R. 782, to amend title 18 of the United States recess of the Senate: Code to allow members of employee associations to Transmitting the report concerning the national represent their views before the United States Gov- emergency with respect to Cuba; referred to the Committee on Banking, Housing, and Urban Affairs. ernment, with an amendment in the nature of a (PM–125). Page S1515 substitute. Received today: S. Res. 219, designating March 25, 1996 as Transmitting the Sixth Biennial Report of the ‘‘Greek Independence Day: A National Day of Interagency Arctic Research Policy Committee; re- Celebration of Greek and American Democracy’’. ferred to the Committee on Governmental Affairs. S. Res. 227, to authorize the use of additional (PM–126). Page S1515 funds for salaries and expenses of the Special Com- Transmitting the report concerning one revised mittee to Investigate Whitewater Development Cor- deferral and two proposed rescissions of budgetary poration and Related Matters. Page S1516 resources; pursuant to the order of January 30, 1975, D.C. Appropriations—Conference Report: Senate as modified by the order of April 11, 1986, referred resumed consideration of the conference report on jointly to the Committee on Appropriations, Com- H.R. 2546, making appropriations for the govern- mittee on the Budget, Committee on Foreign Rela- ment of the District of Columbia and other activities tions, Committee on Agriculture, Nutrition, and chargeable in whole or in part against the revenues Forestry, and the Committee on Governmental Af- of said District for the fiscal year ending September fairs. (PM–127). Page S1515 30, 1996. Pages S1506±12 Nominations Received: Senate received the follow- During consideration of this measure today, Senate ing nominations: took the following action: 1 Air Force nomination in the rank of general. By 53 yeas to 43 nays (Vote No. 23), three fifths 26 Army nominations in the rank of general. of those Senators duly chosen and sworn not having 1 Marine Corps nomination in the rank of general. voted in the affirmative, Senate failed to agree to Routine lists in the Air Force, Navy, and Coast close further debate on the conference report. Guard. Pages S1535±36 Page S1511 Messages From the President: Page S1515 Cuban Liberty and Democratic Solidarity Act— Messages From the House: Pages S1515±16 Conference Report: By 74 yeas to 22 nays (Vote Communications: Page S1516 No. 22), Senate agreed to the conference report on H.R. 927, to seek international sanctions against the Statements on Introduced Bills: Pages S1516±26 Castro Government in Cuba, and to plan for support Additional Cosponsors: Pages S1526±27 D 135 D 136 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 1996

Notices of Hearings: Page S1527 CORPORATE SUBSIDY REFORM Authority for Committees: Page S1527 Committee on Governmental Affairs: Committee held Additional Statements: Pages S1527±32 hearings on S. 1376, to terminate unnecessary and inequitable Federal corporate subsidies, receiving tes- Record Votes: Two record votes were taken today. timony from Senators McCain and Thompson; and (Total—23) Page S1511 Stephen Moore, CATO Institute, Robert J. Shapiro, Recess: Senate convened at 9:30 a.m., and recessed Progressive Policy Institute, Martha Phillips, Con- at 3:31 p.m., until 9:30 a.m., on Wednesday, March cord Coalition Citizens Council, and Ann McBride, 6, 1996. (For Senate’s program, see the remarks of Common Cause, all of Washington, D.C. the Acting Majority Leader in today’s Record on Hearings were recessed subject to call. page S1532.) PHARMACEUTICAL PATENT PROTECTION Committee on the Judiciary: Committee concluded Committee Meetings hearings on the effects of the Drug Price Competi- tion and Patent Term Restoration Act of 1984 on (Committees not listed did not meet) generic competition and drug innovation, after re- ceiving testimony from Representative Waxman; LABOR/HHS/EDUCATION John Klein, on behalf of the Generic Pharmaceutical APPROPRIATIONS Industry Association and the National Association of Committee on Appropriations: Subcommittee on Labor, Pharmaceutical Manufacturers, Gerald J. Health and Human Services, and Education con- Mossinghoff, Pharmaceutical Research and Manufac- cluded hearings on resolving the funding impasse for turers of America, Daniel Perry, Alliance for Aging the Departments of Labor, Health and Human Serv- Research, and Dixie D. Horning, Gray Panthers, all ices, and Education, and to examine how these agen- of Washington, D.C.; Bruce L. Downey, Barr Lab- cies would function without a budget agreement, oratories, Inc., Pamona, New York; David Beier, after receiving testimony from Robert B. Reich, Sec- Genentech, San Francisco, California, on behalf of retary of Labor; Donna E. Shalala, Secretary of the Biotechnology Industry Organization; and Henry Health and Human Resources; and Richard W. G. Grabowski, Duke University, Durham, North Riley, Secretary of Education. Carolina. BUSINESS MEETING AUTHORIZATION—DEFENSE Committee on Labor and Human Resources: Committee Committee on Armed Services: Committee held hearings ordered favorably reported the following business on proposed legislation authorizing funds for fiscal items: year 1997 for the Department of Defense and the fu- S. 1423, to make modifications to certain provi- ture years defense program, receiving testimony from sions of the Occupational Safety and Health Act of William J. Perry, Secretary of Defense; Gen. John 1970, with amendments; and M. Shalikashvili, USA, Chairman, Joint Chiefs of The nominations of Patricia Wentworth McNeil, Staff; and John J. Hamre, Comptroller, Department of Massachusetts, to be Assistant Secretary of Edu- of Defense. cation for Vocational and Adult Education, Pascal D. Hearings were recessed subject to call. Forgione, of Delaware, to be Commissioner of Edu- cation Statistics, Department of Labor, Mary Burrus NOMINATIONS Babson, of Illinois, to be a Member of the Board of Committee on Energy and Natural Resources: Committee Directors of the Corporation for National and Com- concluded hearings on the nominations of Thomas munity Service, David Finn, of New York, to be a Paul Grumbly, of Virginia, to be Under Secretary, Member of the National Council on the Humanities, and Alvin L. Alm, of Virginia, to be Assistant Sec- Donna Dearman Smith, of Alabama, to be a Member retary for Environmental Management, both of the of the Board of Trustees of the Barry Goldwater Department of Energy, and Charles William Burton, Scholarship and Excellence in Education Foundation, of Texas, and Christopher M. Coburn, of Ohio, each LaVeeda Morgan Battle, of Alabama, John N. Erlen- to be a Member of the Board of Directors of the born, of Illinois, and Edna Fairbanks-Williams, of United States Enrichment Corporation, after the Vermont, each to be a Member of the Board of Di- nominees testified and answered questions in their rectors of the Legal Services Corporation, Marca own behalf. Mr. Coburn was introduced by Senators Bristo, of Illinois, and Kate Pew Wolters, of Michi- Glenn and DeWine. gan, each to be a Member of the National Council March 5, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 137 on Disability, Patrick Davidson, of California, Wil- Board of Trustees of the Harry S. Truman Scholar- liam P. Foster, of Florida, Speight Jenkins, of Wash- ship Foundation. ington, Wallace D. McRae, of Montana, and Town- WHITEWATER send D. Wolfe, III, of Arkansas, each to be a Mem- ber of the National Council on the Arts, and Nor- Committee on Rules and Administration: Committee or- man I. Maldonado, of Puerto Rico, and Luis D. dered favorably reported S.Res. 227, to authorize the Rovira, of Colorado, each to be a Member of the use of additional funds for salaries and expenses of the Special Committee to Investigate Whitewater Development Corporation and Related Matters. h House of Representatives sources in accordance with the Congressional Budget Chamber Action and Impoundment Control Act of 1974—referred to Bills Introduced: 17 public bills, H.R. 3003–3019; the Committee on Appropriations and ordered print- and 3 resolutions, H.J. Res. 162, and H. Con. Res. ed (H. Doc. 104–182). Page H1687 146–147 were introduced. Pages H1715±16 Recess: House recessed at 12:36 p.m. and recon- Reports Filed: Reports were filed as follows: vened at 1:01 p.m. Page H1687 H. Res. 370, waiving points of order against the conference report to accompany H.R. 927, to seek Recess: House recessed at 2:15 p.m. and reconvened sanctions against the Castro government in Cuba, at 3:01 p.m. Page H1697 and to plan for support of a transition government Suspensions: House voted to suspend the rules and leading to a democratically elected government in pass the following measures: Cuba (H. Rept. 104–470); and Tax status of United States troops in Bosnia: H.R. H.R. 1332, to establish certain policies and re- 2778, amended, to provide that members of the sponsibilities with respect to the administration of Armed Forces performing services for the peacekeep- the Rongelap Resettlement Trust Fund, amended ing effort in the Republics of Bosnia and (H. Rept. 104–471). Pages H1701, H1715 Herzegovina shall be entitled to certain tax benefits Recess: House recessed at 9:53 a.m. and reconvened in the same manner as if such services were per- at 11 a.m. Page H1667 formed in a combat zone (passed by a yea-and-nay Committees to Sit: The following committees and vote of 416 yeas, Roll No. 44); and their subcommittees received permission to sit today Pages H1670±73, H1697 during proceedings of the House under the five- MFN status for Bulgaria: H.R. 2853, to authorize minute rule: Agriculture, Commerce, Government the extension of nondiscriminatory treatment (most- Reform and Oversight, International Relations, Na- favored-nation treatment) to the products of Bul- tional Security, Resources, Transportation and Infra- garia. Pages H1673±75, H1697±98 structure, Veterans’ Affairs, and Select Intelligence. Recess: House recessed at 4:55 p.m. and reconvened Page H1668 at 6:22 p.m. Pages H1707±08 Gambling Policy and Impact: House voted to sus- Recess: House recessed at 7:24 p.m. and reconvened pend the rules and pass H.R. 497, amended, to cre- at 9:20 p.m. Page H1714 ate the National Gambling Impact and Policy Com- mission. Pages H1675±87 Amendments Ordered Printed: Amendments or- Agreed to amend the title. Page H1699 dered pursuant to the rule appear on pages Presidential Messages: Read the following mes- H1716–18. sages from the President: Quorum Calls—Votes: One yea-and-nay vote de- Arctic research policy: Message wherein he transmits veloped during the proceedings of the House today the Sixth Biennial Report of the Interagency Arctic and appears on page H1697. There were no quorum Research Policy Committee—referred to the Com- calls. mittee on Science; and Page H1687 Adjournment: Met at 9:30 a.m. and adjourned at Impoundment control: Message wherein he transmits 9:29 p.m. one revised deferral and two rescissions of budget re- D 138 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 1996 of Illinois; H.R. 2695, amended, to extend the dead- Committee Meetings line under the Federal Power Act applicable to the IMMIGRATION IN THE NATIONAL construction of certain hydroelectric projects in the INTEREST ACT State of Pennsylvania; H.R. 2773, amended, to ex- Committee on Agriculture: Ordered reported amended tend the deadline under the Federal Power Act ap- H.R. 2202, Immigration in the National Interest plicable to the construction of 2 hydroelectric Act of 1995. projects in North Carolina; H.R. 2816, to reinstate the license for, and extend the deadline under the AGRICULTURE APPROPRIATIONS Federal Power Act applicable to the construction of, Committee on Appropriations: Subcommittee on Agri- a hydroelectric project in Ohio; H.R. 2869, amend- culture, Rural Development, Food and Drug Admin- ed, to extend the deadline for commencement of istration, and Related Agencies continued appropria- construction of a hydroelectric project in the State of tion hearings. Testimony was heard from congres- Kentucky; and H.R. 1514, Propane Education and sional and public witnesses. Research Act of 1995. ENERGY AND WATER APPROPRIATIONS IMMIGRATION IN THE NATIONAL Committee on Appropriations: Subcommittee on Energy INTEREST ACT and Water Development continued appropriation Committee on Government Reform and Oversight: Sub- hearings. Testimony was heard from congressional committee on Civil Service approved for full Com- and public witnesses. mittee action amended H.R. 2202, Immigration in LABOR-HHS-EDUCATION the National Interest Act of 1995. APPROPRIATIONS VIOLATIONS OF UNITED STATES Committee on Appropriations: Subcommittee on Labor, EMBARGO ON CUBA Health and Human Services, and Education contin- ued appropriation hearings. Testimony was heard Committee on International Relations: Subcommittee on from public witnesses. the Western Hemisphere held a hearing on Viola- tions of the United States Embargo on Cuba. Testi- LEGISLATIVE APPROPRIATIONS mony was heard from Michael Ranneberger; Coordi- Committee on Appropriations: Subcommittee on Legisla- nator, Office of Cuban Affairs, Department of State; tive Branch held a hearing on the Joint Committee Richard Newcomb, Director, Office of Foreign As- on Printing, the GPO and the Library of Congress. sets Control, Department of the Treasury; and Mark Testimony was heard from Representative Thomas; M. Richard, Deputy Assistant Attorney General, the following officials of the GPO: Michael F. Criminal Division, Department of Justice. DiMario, Public Printer; and Wayne P. Kelley, Su- perintendent of Documents; and James H. DEFENSE AUTHORIZATION Billington, Librarian of Congress. Committee on National Security: Subcommittee on Mili- FEDERALISM tary Research and Development began hearings on Committee on the Budget: Held a hearing on Federal- the fiscal year 1997 national defense authorization ism. Testimony was heard from Becky Norton Dun- request, with emphasis on Federally Funded Re- lop, Secretary, Natural Resources, State of Virginia; search and Development Centers and University Af- and public witnesses. filiated Centers. Testimony was heard from Paul G. Kaminski, Under Secretary, Acquisition and Tech- MISCELLANEOUS MEASURES nology, Department of Defense; and public Committee on Commerce: Subcommittee on Energy and witnesses. Power approved for full Committee action the fol- lowing bills: H.R. 2596, to extend energy conserva- AUTHORIZATION—PANAMA CANAL tion programs under the Energy Policy and Con- COMMISSION AND U.S. MARITIME servation Act through fiscal year 1999; H.R. 2967, ADMINISTRATION amended, to extend the authorization of the Ura- Committee on National Security: Special Oversight nium Mill Tailings Radiation Control Act of 1978; Panel on the Merchant Marine began hearings on the H.R. 2501, amended, to extend the deadline under fiscal year 1997 Panama Canal Commission and U.S. the Federal Power Act applicable to the construction Maritime Administration authorization requests. of a hydroelectric project in Kentucky; H.R. 2630, Testimony was heard from Albert H. Herberger, Ad- amended, to extend the deadline for commencement ministrator, Maritime Administration, Department of construction of a hydroelectric project in the State of Transportation; and the following officials of the March 5, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 139 Panama Canal Commission: Joe R. Reeder, Chair- ommendations of the Veterans of Foreign Wars, after man, Board of Directors; and Gilberto Guardia, receiving testimony from Paul Spera, Veterans of Administrator. Foreign Wars of the United States, Washington, HOUSING IMPROVEMENT ACT FOR LAND D.C., who was accompanied by several of his associ- MANAGEMENT AGENCIES ates. Committee on Resources: Subcommittee on National FOREIGN RELATIONS AUTHORIZATION Parks, Forests and Lands held a hearing on H.R. ACT 2941, Housing Improvement Act for Land Manage- Conferees continued to resolve the differences between ment Agencies. Testimony was heard from Roger the Senate- and House-passed versions of H.R. 1561, Kennedy, Director, National Park Service, Depart- to consolidate the foreign affairs agencies of the ment of the Interior; Mark Reimers, Deputy Chief, United States; to authorize appropriations for the Forest Service, USDA; and public witnesses. Department of State and related agencies for fiscal CONFERENCE REPORT—CUBAN LIBERTY years 1996 and 1997; and to responsibly reduce the AND DEMOCRATIC SOLIDARITY ACT authorizations of appropriations for the United States foreign assistance programs for fiscal years 1996 and Committee on Rules: Granted, by voice vote, a rule 1997, but did not complete action thereon, and re- waiving all points of order against the conference to cessed subject to call. accompany H.R. 927, Cuban Liberty and Demo- cratic Solidarity Act of 1995, and against its consid- COMMITTEE MEETINGS FOR eration. The rule provides that the conference report WEDNESDAY, MARCH 6, 1996 shall be considered as read. Testimony was heard Senate from Chairman Gilman and Representatives Burton (Committee meetings are open unless otherwise indicated) of Indiana, Ros-Lehtinen, Campbell, and Hamilton. Committee on Appropriations, Subcommittee on Defense, WHITE HOUSE TRAVEL INVESTIGATION to hold hearings on proposed budget estimates for fiscal year 1997 for the Department of Defense, 9:30 a.m., Committee on Rules: Ordered reported, by voice vote, SD–192. H. Res. 369, to provide to the Committee on Gov- Full Committee, business meeting, to mark up proposed ernment Reform and Oversight special authorities to legislation making omnibus appropriations for fiscal year obtain testimony for purposes of investigation and 1996, 2 p.m., SD–192. study of the White House Travel Office matter. Committee on Armed Services, to hold hearings on the Prior to this action, the committee held a hearing 1996 Ballistic Missile Defense update review, 9:30 a.m., on this resolution. Testimony was heard from Chair- SD–G50. man Clinger and Representative Collins of Michigan. Subcommittee on Strategic Forces, to hold hearings on the Department of Energy’s Environmental Management Pro- RAIL SAFETY OVERSIGHT gram, and Defense Nuclear Facilities Safety Board activi- Committee on Transportation and Infrastructure: Sub- ties, 2 p.m., SR–232A. committee on Railroads held a hearing on Rail Safe- Committee on the Budget, to hold hearings to review the current state of the U.S. economy, 10 a.m., SD–608. ty Oversight: Human Factor and Grade Crossing Is- Committee on Energy and Natural Resources, to hold over- sues. Testimony was heard from Senator Lautenberg; sight hearings on issues relating to competitive change in David Winstead, Secretary, Department of Transpor- the electric power industry, 9:30 a.m., SR–325. tation, State of Maryland; and public witnesses. Committee on Foreign Relations, to hold hearings on the Hearings continue tomorrow. nomination of Rita Derrick Hayes, of Maryland, for the COUNTERTERRORISM rank of Ambassador during her tenure of service as Chief Textile Negotiator, 10 a.m., SD–419. Permanent Select Committee on Intelligence: Subcommit- Subcommittee on Near Eastern and South Asian Affairs, to tee on Human Intelligence, Analysis, and Counter- hold hearings to examine the treatment of minorities in intelligence met in executive session to hold a hear- South Asia, 2 p.m., SD–419. ing on Counterterrorism. Testimony was heard from Committee on Governmental Affairs, to hold joint hearings departmental witnesses. with the House Government Reform Committee to exam- ine the implementation of the Government Performance and Results Act, 9:30 a.m., 2154 Rayburn Building. Joint Meetings Committee on the Judiciary, to hold hearings to examine VETERANS OF FOREIGN WARS the interstate transportation of human pathogens, 10 a.m., SD–226. Joint Hearing: Senate Committee on Veterans’ Affairs Committee on Labor and Human Resources, to hold hear- concluded joint hearings with the House Committee ings on proposed legislation authorizing funds for the on Veterans’ Affairs to examine the legislative rec- National Institutes of Health, 9:30 a.m., SD–430. D 140 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 1996

Committee on Small Business, business meeting, to mark Committee on Economic and Educational Opportunities, to up S. 942, to promote increased understanding of Federal mark up the following: H.R. 995, ERISA Targeted regulations and increased voluntary compliance with such Health Insurance Reform Act of 1995; and Congressional regulations by small entities, to provide for the designa- Accountability Act Regulations, 10 a.m., 2175 Rayburn. tion of regional ombudsmen and oversight boards to Committee on Government Reform and Oversight, Sub- monitor the enforcement practices of certain Federal agen- committee on Government Management, Information, cies with respect to small business concerns, and to pro- and Technology, oversight hearing on IRS Financial Man- vide relief from excessive and arbitrary regulatory enforce- agement, 1:30 p.m., 311 Cannon. ment actions against small entities, 10 a.m., SR–428A. Committee on the Judiciary, Subcommittee on the Con- Select Committee on Intelligence, to hold hearings to exam- stitution, hearing on H.J. Res. 159, proposing an amend- ine the role and mission of U.S. intelligence, 9 a.m., ment to the Constitution of the United States to require SH–216. two-thirds majorities for bills increasing taxes, 10 a.m., Special Committee on Aging, to hold hearings to examine 2226 Rayburn. telemarketing scams that target the elderly, 9:30 a.m., Subcommittee on Crime, hearing on the increased use SD–562. of marijuana in America, 9:30 a.m., 2237 Rayburn. Committee on National Security, to begin hearings on the House fiscal year 1997 national defense authorization request, 9:30 a.m., 2118 Rayburn. Committee on Appropriations, Subcommittee on Agri- Committee on Rules, to consider the following: Omnibus culture, Rural Development, Food and Drug Administra- Appropriations/Continuing Resolution for fiscal year tion, and Related Agencies on, congressional and public 1996; and Temporary Increase in the Public Debt Limit, witnesses, 1 p.m., 2362A Rayburn. 2 p.m., H–313 Capitol. Subcommittee on Energy and Water Development, to Committee on Science, hearing on Global Change Research continue on congressional and public witnesses, 9:30 Programs: Data Collection and Scientific Priorities, 10 a.m., and 2 p.m., 2362B Rayburn. a.m. 2318 Rayburn. Subcommittee on Foreign Operations, Export Financ- Committee on Small Business, hearing on assessing the ing and Related Programs, on Jordan Arms Transfers, Small Business Technology Transfer Pilot Program and 1:30 p.m., H–140 Capitol. Small Business Innovation Research Program, 10 a.m., Subcommittee on Interior, on National Endowments 2359 Rayburn. for the Humanities, 10 a.m., B–308 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Labor, Health and Human Services, committee on Aviation and the Subcommittee on Rail- and Education, to continue on public witnesses, 10 a.m. roads, joint hearing on reauthorizing the National Trans- and 2 p.m., 2358 Rayburn. portation Safety Board, 1 p.m., 2167 Rayburn. Subcommittee on Legislative, on Members of Congress, Subcommittee on Railroads, to continue hearings on Office of Compliance, and public witnesses, 9:30 a.m. Rail Safety Oversight: Human Factors and Grade Cross- H–144 Capitol. ing Issues, 11:30 a.m., 2253 Rayburn. Subcommittee on Military Construction, on Army, Subcommittee on Water Resources and Environment, 9:30 a.m., B–300 Rayburn. to mark up H.R. 2747, Water Supply Infrastructure As- Subcommittee on Transportation, on Inspector General sistance Act of 1995, 10 a.m., 2167 Rayburn. Reports, 10 a.m., 2358 Rayburn. Permanent Select Committee on Intelligence, Brown/Rudman Subcommittee on Treasury, Postal Service, and General briefing, 10:30 a.m., 2212 Rayburn. Government, on issues in Treasury Law Enforcement, 10 a.m., 345 Cannon. Joint Meetings Subcommittee on Veterans’ Affairs, HUD and Inde- Joint Hearing: Senate Committee on Governmental Af- pendent Agencies, on NSF, 10 a.m., H–143 Capitol. fairs, to hold joint hearings with the House Government Committee on Commerce, to mark up the following bills: Reform Committee to examine the implementation of the H.R. 2972, Securities and Exchange Commission Author- Government Performance and Results Act, 9:30 a.m., ization Act of 1996; and H.R. 2969, Federal Tea Tasters 2154 Rayburn Building. Repeal Act of 1996, 10:30 a.m., and to continue hearings Commission on Security and Cooperation in Europe, to hold on the Unanimous Bipartisan National Governors Asso- hearings on the Chechen conflict and Russian democratic ciation Agreement, 1 p.m., 2123 Rayburn. development, 10 a.m., 2200 Rayburn Building. March 5, 1996 CONGRESSIONAL RECORD—DAILY DIGEST D 141

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FOURTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through February 29, 1996 January 3, 1996 through February 29, 1996 Senate House Total Civilian nominations, totalling 165, (including 119 nominations car- Days in session ...... 25 20 . . ried over from the first session) disposed of as follows: Time in session ...... 101′ hrs., 36′′ 117′ hrs., 18′′ . . Confirmed ...... 7 Congressional Record: Unconfirmed ...... 153 Pages of proceedings ...... 1475 1641 . . Withdrawn ...... 5 Extensions of Remarks ...... 264 . . Public bills enacted into law ...... 3 20 . . Civilian nominations (FS, PHS, CG, NOAA), totaling 347, (including Private bills enacted into law ...... 320 nominations carried over from the first session), disposed of Bills in conference ...... 2 6 . . as follows: Measures passed, total ...... 39 34 . . Unconfirmed ...... 347 Senate bills ...... 8 4 . . House bills ...... 10 7 . . Air Force nominations, totalling 6,220, (including 4,952 nominations Senate joint resolutions ...... carried over from the first session) disposed of as follows: House joint resolutions ...... 1 1 . . Confirmed ...... 6,105 Senate concurrent resolutions ...... 3 1 . . Unconfirmed ...... 115 House concurrent resolutions ...... 3 2 . . Simple resolutions ...... 14 19 . . Army nominations, totaling 4,101, (including 2,304 nominations car- Measures reported, total ...... *32 *20 . . ried over from the first session) disposed of as follows: Senate bills ...... 29 . . . . Confirmed ...... 2,419 House bills ...... 2 8 . . Unconfirmed ...... 1,682 Senate joint resolutions ...... House joint resolutions ...... Senate concurrent resolutions ...... Navy nominations, totaling 120, (including 21 nominations carried House concurrent resolutions ...... over from the first session) disposed of as follows: Simple resolutions ...... 1 12 . . Confirmed ...... 75 Special reports ...... 2 . . . . Unconfirmed ...... 45 Conference reports ...... 1 3 . . Measures pending on calendar ...... 195 48 . . Marine Corps nominations, totaling 15, (including 8 nominations Measures introduced, total ...... 103 246 . . carried over from the first session) disposed of as follows: Bills ...... 70 161 . . Confirmed ...... 1 Joint resolutions ...... 4 24 . . Unconfirmed ...... 15 Concurrent resolutions ...... 5 16 . . Simple resolutions ...... 24 45 . . Quorum calls ...... 1 . . Summary Yea-and-nay votes ...... 21 25 . . Total nominations carried over from the first session ...... 7,724 Recorded votes ...... 17 . . Total nominations received this session ...... 3,244 Bills vetoed ...... 1 . . Total confirmed ...... 8,607 Vetoes overridden ...... Total unconfirmed ...... 2,356 Total withdrawn ...... 5 * These figures include all measures reported, even if there was no accom- panying report. A total of 30 reports has been filed in the Senate, a total of 23 reports has been filed in the House. D 142 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 6 11 a.m., Wednesday, March 6

Senate Chamber House Chamber Program for Wednesday: After the recognition of four Program for Wednesday and the balance of the Senators for speeches and the transaction of any morning week: Consideration of H.R. 994, Small Business business (not to extend beyond 11 a.m.), Senate may con- Growth and Administrative Accountability Act (open sider S. Res. 227, extension of Whitewater investigation. rule, 1 hour of general debate); Consideration of the conference report on H.R. 927, Cuban Liberty and Democratic Solidarity Act (rule waiving all points of order); H.R. , to increase temporarily the public debt; An omnibus appropriations or continuing resolution for fiscal year 1996; and Consideration of H. Res. 369, providing the Commit- tee on Government and Oversight with special authorities to take testimony regarding the White House Travel Office matter.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E276 Pallone, Frank, Jr., N.J., E277 Jacobs, Andrew, Jr., Ind., E276 Radanovich, George P., Calif., E272, E277 Bereuter, Doug, Nebr., E271, E275 Lewis, Jerry, Calif., E273 Reed, Jack, R.I., E273 Berman, Howard L., Calif., E274 Matsui, Robert T., Calif., E273 Schroeder, Patricia, Colo., E273 Borski, Robert A., Pa., E274 Menendez, Robert, N.J., E271, E274 Stark, Fortney Pete, Calif., E278 Cunningham, Randy ‘‘Duke’’, Calif., E271 Moakley, John Joseph, Mass., E278 Underwood, Robert A., Guam, E278 Diaz-Balart, Lincoln, Fla., E277 Morella, Constance A., Md., E271, E275 Gillmor, Paul E., Ohio, E274 Ortiz, Solomon P., Tex., E274

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